dation, of what ever was understood to be conftitu tional writing or fpeaking; was it then to be a mat ter of wonder, that the Americans, with such authori, ties, to fupport their opinions, which were in the higheft degree flattering to their importance, fhould, in the warmth of their imagination, and the heat of their paffions, commit extravagances, upon obferving an imme, diate violation of what they had been taught to confider as their most undoubted and unalienable rights? Or was their any reafon to be furprised, that fuch ftrange and unaccountable contradictions, between language and behaviour, fhould produce the unhappy confequences which had now happened. This was argumentum ad hominem, and could not be answered by thofe to whom it was applied, without fhame and repentance.

That part of the addrefs which related to the ftatute of Henry the eight was more warmly difputed, and fuch arguments were ufed as the friends of adminiftration could not oppofe with arguments of equal force. To bring delinquents from the province of Maffachufett's-bay, to be tri ed at a tribunal in England, for crimes fuppofed to be committed in that country, was confidered in the firft inftance, contrary to the fpirit of the English conftitution, It was faid that a man charged with a crime is, by the laws of England, ufually tried in the county where the offence is committed, that the circumstances of the crime may more clearly be confidered and examined; and that the knowledge which the jury thereby receive of his general character, and of the credibility of the witneffes' might affift them in pronouncing, with a greater degree of certainty, upon his innocence or guilt. That as the conftitution form a conviction of its utility, had fecured that form of trial to every fubject in England, with what colour of

justice

juftice, can he be deprived of it, by going to Ameri
ca? Is a man's life, fortune, and happinefs, or his
character of lefs efteem in the eye of the law, there, than
in this country? or are we to mete our different por-,
tions of justice to British fubjects which are to leffen
in degree, in proportion to their distance from the ca-
pital? It was alledged, that if an American had tranf
greffed the laws by committing a crime there, he
ought to be tried there for the offence; but cannot
justly be torn above 3000 miles from his family and
his friends, his business, and connections; from
every comfort and countenance, neceffary to fup-
port a man under fuch trying and unhappy cir-
cumstances to be tried by a jury that are not his peers,
who are probably prejudiced against him, and may
think themselves fome way interested in finding him
guilty.

It was further urged, that it would be difficult, if
not impoffible, for the accufed perfon to bring over
the neceffary evidence for his vindication, though he
was entirely innocent: that it would require a man
to be rich, and to have great fubftance to bring all
the witneffes that might be neceffary from Bofton to
London, and that after all, fome might be overlooked
that might be of great fervice, which could not be
That on the other
brought till the trial was over.
fide the witneffes against him, fupported by the coun-
tenance and protection of Government, maintained at
the national expence, and fure of a compenfation for
their lofs of time, and perhaps having the hope of
future reward and provision, would not only be easily
collected, but that it was to be feared too many would
think it good employment and become eager candi-
dates for the fervice. That in this fituation the cafe
of the accufed would be very hard; charged with a
crime against the authority of the mother country,

the

the judges who are to determine his fate, are the people against whom he is fuppofed to have tranfgreffed, thofe who have conftru&ted the act with which he is charged into a crime, whofe paffions might be heated and who are at the fame time parties, accufers, and judges. The act upon which this trial was to proceed, it was affirmed was framed in an arbitrary and tyrannical reign, and had justly lain buried in oblivion, till now brought forth to answer a temporary and an arbitrary purpose. Many of thefe arguments were never answered, nor was any reply made, except by a vote, which is the most powerful anfwer. The miniftry were on this occafion unufually languid in the fupport of their refolutions, and the addrefs which they made for reviving the ftatute of Henry the VIII. for when they were asked which of them would own himself the adviser of that meafure, they all declined to adopt it. It would appear that either their confciences condemned them, or that they felt the force of their opponent's arguments too powerful to be refifted. The arguments that were ufed in behalf of the measures that were now pursuing are but short, and have but little force in them, but the reader in justice shall have them as they are.

It was affirmed that the repeal of the stamp act had not produced the effects that might have been expec ted; that the colonists inftead of gratitude for the tenderness fhewn to their fuppofed diftreffes, had obftinately purfued the fame courfe as before, and fhewed the fame difrefpect to government; that fuch was their licentious oppofition to all measures of the legiflature, that it became highly neceffary to establish fome mark of their dependence upon the mother country. That the late duties fo much complained of, on account of the fmallness of their produce, were chofen

chofen to answer the abovementioned purpofe, at the fame time that they were the leaft oppreffive that could be advised, and that the whole produce was to fupport their own civil eftablishments. That the inhabitants of the province of Maffachufet's Bay were people of republican principles, and licentious in their difpofitions, and being stirred up by factious and defigning men, had broken out into daring acts of outrage, and infolence, which fufficiently fhewed the original neceffity of making them fenfible of their dependence ou the British legiflature; that by their words and writings they feemed rather to confider themfelves as members of an independent ftate than as a colony and province belonging to this country. That from the ill formed fyftem upon which the government of that colony had been originally eftablifhed; the council was appointed by the affembly, and the grand juries are elected by the townfhips; fo that thefe factious men having got a lead in the affembly, and being themselves leaders of the popular phrenzy, guided and directed the whole civil government as they plea fed; fo that all juftice and order was at an end, whereever their interefts or paffions were concerned. That in thefe circumftances the populace freed from all legal restraints by thefe circumftances, thofe that fhould have been the confervators of the public peace, fet themselves the first examples of all kinds of diforders, and proceeded at length to the commiffion of fuch acts, as if not now deemed downright rebellion, would in other times have been judged and punished. as fuch; and which in any conftruction of the term could be confidered but very little fhort of it. That it was now high time for government to interfere, and effectually to curb diforders, which if fuffered to proceed farther, could no longer be confide

red

red by that name. That the example fet by the town of Boston, and the rafh and daring meafure adopted by their affembly of fending circular letters to the other colonies, had already produced a great effect; and if not checked was likely to fet the whole continent in a flame, and for that reafon fome fhips of war and troops had been fent to Bofton, who without bloodshed or coming to any violent meafures, had reftored order and quiet. That nothing but the most vigorous meafures could bring the colonifts to a proper fenfe of their duty, and of their dependence upon the fupreme legiflature. That the spirit which prevailed at Boston was fo totally fubverfive of all order and civil government, and the conduct of the magiftrates had left fo little room for hope of their properly fulfilling ther duty during the continuance of the prefent ferment, that it became abfolutely neceffary tỏ revive and put in execution the law of Henry the VIII. by which the king is empowered to appoint a commiffion in England for the trial there, of any of the fubjects in all parts of the world. That unless that measure was adopted, the most flagrant acts of treafon and rebellion might be committed openly in the provinces with impunity, as the civil power was nei. ther difpofed, nor could take cognizance of them. That the perfons who were guilty of thofe crimes, and who had already caused so much trouble and confufion, were no objects of compaffion, for any particular circumstances of expence or trouble that might attend this mode of bringing them to justice, which was only to be confidered as a fmall part of the punishment due to their crimes: that it was ungenerous to fuppofe that government would make an improper ufe of this law by harraffing of innocent perfons; and that there was no reafon to queftion the integrity of

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