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Die Mercurii, 11° Maii, 1774.

The order of the day being read for the third reading of the Bill, entitled, " An Act for the better regulating the Government of the Province of the Maffachufet's Bay, in New England;" and for the Lords to be fummoned;

The faid Bill was accordingly read the third time.

Moved, That the Bill, with the amendments, do pass,
Which being objected to,

After a long debate,

The queftion was put thereupon.

It was refolved in the affirmative.

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Because this Bill, forming a principal part in a system of punishment and regulation, has been carried through the House without a due regard to thofe indifpenfible rules of publick proceeding, without the observance of which no regulation can be prudently made, and no punishment justly inflicted. Before it can be pretended, that those rights of the colony of Maffachufet's Bay, in the election of Counsellors, Magiftrates, and Judges, and in the return of Jurors, which they derive from their charter, could with propriety be taken away, the definite legal offence, by which a forfeiture of that charter is incurred, ought to have been clearly stated and fully proved; notice of this adverfe proceeding ought to have been given to the parties affected; and they ought to have been heard in their own defence. Such a principle of proceeding would have been inviolably obferved in the Courts below. It is not technical formality, but fubftantial justice. When therefore the magnitude of fuch a caufe transfers it from the cognizance of the inferior Courts, to the high judicature of Parliament, the Lords are fo far from being authorised to reject this equitable principle, that we are bound to an extraordinary and religious ftrictness in the obfervance of it. The subject ought to be indemnified by a more liberal and beneficial justice in Parliament, for what he muft inevitably fuffer by being deprived of many of the forms which are wifely established in the Courts of ordinary resort, for his protection against the dangerous promptitude of arbitrary difcretion.

2dly, Because the neceffity alledged for this precipitate mode of judicial proceeding cannot exift. If the numerous land and

marine forces, which are ordered to affemble in Maffachufet's Bay, are not fufficient to keep that fingle colony in any tolerable state of order, until the cause of its charter can be fairly and equally tried, no regulation in this Bill, or in any of thofe hitherto brought into the House, are fufficient for that purpofe; and we conceive, that the mere celerity of a decifion against the charter of that province, will not reconcile the minds of the people to that mode of government which is to be established upon its ruins.

3dly, Becaufe Lords are not in a fituation to determine how far the regulations of which this Bill is compofed, agree or disagree with thofe parts of the conftitution of the colony that are not altered with the circumftances of the people, and with the whole detail of their municipal inftitutions. Neither the charter of the colony, nor any account whatsoever of its courts and judicial proceedings, their mode, or the exercise of their prefent powers, have been produced to the House. The flighteft evidence concerning any one of the many inconveniences, ftated in the preamble of the Bill to have arifen from the prefent conftitution of the colony judicatures, has not been produced, or even attempted. On the fame general allegations of a declamatory preamble, any other right, or all the rights of this or any other publick body, may be taken away, and any vifionary fcheme of government fubftituted in their place.

4thly, Because we think, that the appointment of all the Members of the Council, which by this bill is vefted in the Crown, is not a proper provision for preferving the equilibrium of the colony conftitution. The power given to the Crown of Occafionally increafing or leffening the number of the Council on the report of Governors, and at the pleasure of Minifters, must make these Governors and Minifters mafters of every queftion in that Affembly; and by destroying its freedom of deliberation, will wholly annihilate its ufe. The intention avowed in this Bill of bringing the Council to the platform of other colonies, is not likely to answer its own end; as the colonies, where the Council is named by the Crown, are not at all better difpofed to a fubmiflion to the practice of taxing for fupply without their confent, than this of Massachuset's Bay. And no pretence of bringing it to the model of the English Conftitution can be fupported, as none of those American councils have the least resemblance to the House of Peers. So that this new scheme of a council ftands upon no fort of foundation which the propofers of it think proper to acknowledge.

5thly, Because the new conftitution of judicature provided by this Bill is improper, and incongruous with the plan of the

administration of justice in Great Britain. All the Judges are to be henceforth nominated (not by the Crown) but by the Governor; and all (except the Judges of the Superior Court) are to be removable at his pleasure, and exprefsly without the confent of that very Council which has been nominated by the Crown.

The appointment of the Sheriff, is by the will of the Governor only, and without requiring in the perfon appointed any local or other qualification; that Sheriff, a magiftrate of great importance to the whole adminiftration and execution of all juftice, civil and criminal, and who in England is not removable even by the Royal authority, during the continuance of the term of his office, is by this Bill made changeable by the Governor and Council, as often, and for fuch purposes as they fhall think expedient.

The Governor and Council thus intrufted with powers, with which the British Conftitution has not trusted his Majesty and his Privy-Council, have the means of returning fuch a jury in each particular cause, as may best fuit with the gratification of their paffions and interefts. The lives, liberties, and proper ties of the fubject are put into their hands without controul; and the invaluable right of trial by jury, is turned into a fnare for the people, who have hitherto looked upon it as their main fecurity against the licentioufnefs of power.

6thly, Because we fee in this Bill the fame scheme of ftrengthening the authority of the Officers and Ministers of State, at the expence of the rights and liberties of the subject, which was indicated by the inaufpicious Act for shutting up the harbour of Boston.

By that Act, which is immediately connected with this Bill, the example was fet of a large important city (containing vaft multitudes of people, many of whom muft be innocent, and all of whom are unheard) by an arbitrary fentence, deprived of the advantage of that port, upon which all their means of livelihood did immediately depend.

This prefcription is not made determinable on the payment of a fine for an offence, or a compenfation for an injury; but is to continue until the Ministers of the Crown fhall think fit to advife the King in Council to revoke it.

The legal condition of the fubject (ftanding unattainted by conviction, for treafon or felony) ought never to depend upon the arbitrary will of any perfon whatfoever.

This Act, unexampled on the records of Parliament, has been entered on the Journals of this Houfe as voted nemine diffentiente, and has been stated in the debate of this day, to have been sent to the Colonies, as paffed without a divifion in either House,

and

and therefore as conveying the uncontroverted univerfal fenfe of the nation.

The despair of making effectual opposition to an unjust meafure, has been conftrued into an approbation of it.

An unfair advantage has been taken on the final question for paffing that penal Bill of the abfence of thofe Lords, who had debated it for feveral hours, and ftrongly diffented from it on the fecond reading; that period on which it is most usual to debate the principle of a Bill.

If this proceeding were to pafs without animadverfion, Lords might think themselves obliged to reiterate their debates, at every stage of every Bill which they oppose, and to make a formal divifion whenever they debate.

7thly, Because this Bill, and the other proceedings that accompany it, are intended for the fupport of that unadvised fcheme of taxing the Colonies, in a manner new, and unsuitable to their fituation and conftitutional circumstances.

Parliament has afferted the authority of the Legislature of this kingdom, fupreme and unlimited, over all the members of the British empire.

But the legal extent of this authority furnishes no argument in favour of an unwarrantable use of it.

The fenfe of the nation on the repeal of the Stamp Act was, "That in equity and found policy, the taxation of the Colonies for the ordinary purposes of supply, ought to be forborn;" and that this kingdom ought to fatisfy itfelf with the advantages to be derived from a flourishing and increasing trade, and with the free grants of the American Affemblies; as being far more beneficial, far more eafily obtained, lefs oppreffive, and more likely to be lasting than any revenue to be acquired by Parliamentary taxes, accompanied by a total alienation of the affections of those who were to pay them. This principle of repeal was nothing more than a return to the ancient standing policy of this empire. The unhappy departure from it, has led to that courfe of fhifting and contradictory measures, which have fince given rife to fuch continued distractions; by which unadvised plan, new duties have been impofed in the very year after the former had been repealed; these new duties afterwards in part repealed, and in part continued, in contradiction to the principles upon which thofe repealed were given up; all which, with many weak, injudicious, and precipitate fteps taken to enforce a compliance, have kept up that jealousy, which on the repeal of the Stamp Act was fubfiding; revived dangerous queftions, and gradually eftranged the affections of the Colonies from the Mother Country, without any object of advantage to either. If the force propofed fhould have its full

effect,

effect, that effect we greatly apprehend may not continue. longer than whilft the fword is held up. To render the Colo nies permanently advantageous, they must be fatisfied with their condition. That fatisfaction we fee no chance of restoring, whatever meafures may be purfued, except by recuring in the whole to the wife and falutary principles on which the Stamp Act was repealed.

Richmond,

Rockingham,
Abergavenny,

Portland,

Abingdon,

Leinfter,

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On the 18th of May there was a debate on the third reading of the Bill for fecuring the military from a trial in America for murders charged to be committed in support of Government.

The debate was opened by the EARL OF BUCKING- Earl of HAMSHIRE, who confeffed this to be the most exceptionable Bucking of the American meafures, but thought it was excufed byhamshire. neceffity.

He was anfwered by Lord Shelburne, who spoke with great ability, fpirit, and knowledge of the subject.

The Lords Denbigh, Sandwich, and the Chancellor, were the chief fupporters of the Bill. The Duke of Manchester fpoke with that grace of manner and elegance of language which fo peculiarly distinguish him.

The MARQUIS OF ROCKINGHAM spoke late in the debate. Marquis of His fpeech lafted near three quarters of an hour; never was Rocking more attention given to a speaker on any occafion. He fpoke ham. with all the weight and authority of an able ftatesman, and all the feeling of a patriot, deeply concerned for the interest of his country. He entered fully into the civil policy which had originally given rife to the disturbances in America, and in confequence produced bills and regulations fo ill calculated to allay them. He took poft upon the measure of his own Administration, the repeal of the Stamp Act, on which he argued with great force. He infifted that repeal to be no more than a return to the ancient policy of Great Britain, from which the tax had been a deviation. He then ftated the new taxes laid on after his removal from office, as originating from no plan of policy whatsoever, but merely as the refult of pique and paffion; that they were in effect confeffed to be fo, because they were afterwards repealed for the greater part, as being laid by the avowal of Adminiftration itself, in contradiction to all the principles of commerce. VOL. VII. C

That

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