:

council was fluctuating, and the body by which he was appointed could not be than exifting. This vote rejecting the petition was feverely cenfured. It was certainly very inconfiftent to receive a petition from the fame perfon a few days before, and refufe his petition at this time for want of a qualification, they allowed him then to be poffeffed of. What made this rejection of the petition appear more extraordinary was, that at that very time the house of peers was actually hearing Mr Bolan at their bar upon his petition, as a perfon duly qualified. The fame objection might be made to all American agents, none of them were then qualified as the minifter required, and thus all communication between the parliament and the colonies, was than cut off; at the fame time they were making laws to opprefs them. It will be difficult for a benevolent citizen of the world, in fome future period of time, to believe that there were fuch measures carried on in a parliament of Great Britain, confifting of men profeffing the proteftant religion, and bearing the Christian name. They will be ready to confider this part of the hiftory of Britain in the light of a fable or romance, contrived by fome ingenious perfon to amuse the reader, without any intention of finding credit, or expecting to be accounted a true hiftorian.

After fome foftening motions, had been propofed and rejected, the minifter brought in another bill, to which the Bofton Port act was only a prologue; it was intituled a bill for the better regulating the government of this province of Maffachufett's Bay. This bill was intended to alter the constitution and government of this province, as it ftood fettled by the charter of King William, and to take all fhare of government out of the hands of the people, and to vest the nomination of counsellors, judges and magiftrates

of

of all kinds, including fheriffs, in the crown, and in fome cafes in the king's governor, and all to be removeable at the pleasure of the king. This was at one stroke undermining the ancient government of the colony, and leaving the people no fhare in their own government at all. The fupporters of this bill alledged, that the diforders of the province of Maffachufett's-Bay, not only diftracted that province within itself, but fet an ill example to all the colonies. An executive power was wanting. The force of the civil power, it was faid, confifted in the poffe comitatus; but the poffe are the very people who commit the riots. That there was a total defect in the conftitu tional power throughout. If the democratical part fhew a contempt of the laws, how is the governour to enforce them? Magiftrates he cannot appoint; he cannot give an order without feven of the council affenting; and let the military be never fo numerous and active, they cannot move in fupport of the civil magiftracy, when no civil magiftrate will call upon them for fupport. It is in vain, it was faid, that you make laws and regulations here, when there are none found to execute them in that country. It is therefore become abfolutely neceffary to alter the whole frame of the Maffachufett's government, fo faz as it relates to the executive and judicial powers. It was alfo affirmed, that the juries were injudiciously chosen, and that fome immediate and permanent remedy ought to be adopted. The bill, which was at last formed into a law, will teftify upon what principles it was found. A vigorous. but ineffectual oppofition was made to the paffing of this arbtirary law; the court had a strong majority, which was fit to carry every point, and it does not appear that they would have hesitated at any thing whatfoever.

The

The minority urged, that to take away the civil conftitution of a whole people fecured by charter, the validity of which was not fo much as queftioned at law, upon mere loofe allegations of delinquencies and defects, was a proceeding of a moft arbitrary and dangerous nature. They faid that it was worfe than the proceedings against the Americans and English corporations, in the reign of King Charles and King James the fecond, which were, however, accounted the worst acts of thofe arbitrary reigns. At that time the charge was regularly made; the colonies and corporations called to anfwer; time was given, and the rules of justice, at least in appearance, were observed. But here, they faid, there was nothing of the kind, not fo much as a pretence to the colour of juftice; not one evidence had been examined at the bar, a thing done on the moft trifling regulation, affecting any franchise of the fubject. That the pretence of taking away the charter, in order to give ftrength to government, could never anfwer; for this was first doing evil, that good might follow. They afked the ministry, Whether the colonies, which are already regulated nearly upon the plan propofed, were more fubmiffive to our right of taxation, than that of Maffachufett's-Bay. If not, what would be gained by the bill, that can be fo very material to the authority of parliament, as to risk all the credit of parliamentary juftice, by fo ftrong and irregular a proceeding? That the part of the act which affected juries, was made without fo much as a fingle complaint of abufe pretended. They proceeded further, and affirmed, that the cafe of the late Captain Preston, Mr Otis, and many others, fhewed with what justice the juries in that colony acted. They denied that the juries were improperly chofen; that they were appointed by a

better

A. D. 1774.

THE WAR IN AMERICA.

4:5

better method than ours, by a fort of ballot in which no partiality could take place. But by the new regulation the fheriff is appointed, without any qualification, by the governour, and to hold his office at his pleasure. This was a power, they faid, given to the governor, greater than that given by the conftitution to the crown itfelf. This they infifted was a great abufe, instead of reformation; and tended to put the lives and properties of the people abfolutely into the hands of the governours. It was further urged, that the diforder lay much deeper than the forms of government. That the people throughout the colonies were univerfally diffatisfied, and that their uneafinefs and refiftance was no lefs in the royal government than in others. That the remedy could only be in the removal of the caufe of the distemper, and in quieting the minds of the people. That the act had a direct tendency to the contrary; and they feared, that inftead of giving strength to government, it would deftroy the fmall remains of English authority which was left in the colonies.

1

Mr Bolan the agent of the Maffachufett's council, made another effort in behalf of his province, and attempted to petition for time to receive an anfwer from the province, to the account he had fent of the proceeding against them. But the houfe refufed to receive the petition by a large majority. The fame natives of America, who petitioned against the Boston Port-bill, again renewed their endeavours, by a petition againft this. This petition was written with great fpirit, and in a very warm ftile, and compofed with much judg ment; it fet forth the apprehenfions of the petitioners, what would be the effects of this bill in the place where It was intended to operate, and was a true prognofti.

cation of what has fince come to pafs. It had leave to lie upon the table, but was no more taken notice of. The bill at laft was paffed by a very great majori ty, after a very spirited and long debate. The debates in the house of Lords were equally warm, and upon the fame principles, and in the end iffued in the fame manner. When this business was finished, the minister proceeded to give the finishing stroke to the liberties of America. It was moved for leave to bring in a bill for the impartial administration of justice, in cafes of perfons questioned for any acts done by them in the execution of the laws, or for the fuppreffion of riots or tumults in the province of Maffachusett's-Bay, in New England. This bill provides, that in cafe that any perfon indicted for murder, or any other capital offence, and that it fhall appear to the governor, that the fact was committed in the exercife or aid of magiftra cy in fuppreffing tumults and riots; and it fhall further appear to the governour, that a fair trial cannot be had in the province, he fhall fend the perfon fo indicted, &c. to another colony, or to Great Britain to be tried., The charges on both fides to be paid out of the cufThis act was to continue for four years.

toms.

The arguments used to inforce this bill were, that magiftracy must be inforced by all poffible means; for as these orders would probably be refifted by force, it would lay them under a neceffity to ufe force in the excution of them. In this cafe blood would be probably spilled. Who would risk this event, though in the excution of his duty, if the rioters themselves, or their abettors, were to fit as judges? The minifter alledged, that fuch an act was not without precedent at home. Where smuggling was known to be notorioufly countenanced in one county, the trial of offences of that kind had been directed to be in another. The

rebels