vided; confequently, there could be no appropriation made by the general court for that purpose. We fhall now, with your excellency's leave take a nearer view of the act of parliament above-mentioned. This whole continent has, for fome years past, been diftreffed with what are called acts for impofing taxes on the colonists, for the express purpose of raising a revenue, and that without their confent in perfon, or by reprefentatives. This fubject has been fo fully handled by the several affemblies, and in the publications that have been made, that we shall be as brief as poffible upon that head: but we take leave to observe that, in strictness, all those acts may be rather called, acts for raifing a tribute in America, for the further purposes of diffipation among placemen and penfioners. And if the prefent fyftem of meafures fhould be much further purfued, it will foon be very difficult, if poffible to diftinguifh the cafe of widows and orphans in America, plundered by infamous informers, from thofe who fuffered under the adminiftration of the most oppreffive of the governors of the Roman provin ces, at a period when that once proud and haughty republic, after having fubjugated the finest kingdoms in the world, and drawn all the treasures of the Eaft to Imperial Rome, fell a facrifice to the unbounded corruption and venality of its grandees. But of all the new regulations, the Stamp Act not excepted, this under confideration is the most exceffively unreafonable. For in effect, the yet free representatives of the free affemblies of North-America, are called upon to repay of their own and their conflituents money, fuch fum or fums, as perfons over whom they can have no check or controul may be pleafed to expend; As representatives we are deputed by the people, agreeable to the royal charter and the laws of the province. By that charter, and the nature of our truft, we are only empowered to grant fuch aids, and levy fuch taxes, for his majefty's fervice, as are reasonable, of which, if we are not free and independent judges, wecan no longer be free reprefentatives, nor our conflituents free fubjects. If we are free judges, we are at liberty to follow the dictates of our own understanding, without regard to the mandates of another; much less can we be free judges, if we are but blindly to give as much of our own and our conftituents substance as may be commanded, or thought fit to be expended, by those we know not. Your excellency must therefore excufe us in this express declaration, that as we cannot, confiftently with our honour or intereft, and much lefs with the duty we owe our conftituents, so we fhall never make provision for the purposes in your several meffages above mentioned. July 15. His excellency the governor prorogued the general affembly of this province tothe 10th of January next; after having firft figned feven bills, and making the following fpeech, viz. Gentlemen Gentlemen of the House of Reprefentatives. At the opening of this feffion, I had in contemplation the expediency of paffing the public bills which were neceffary to the government with all due expedition, and particularly the fupply bill, without which the whole provincial debt, by a law then fubfifting, would have been levied in one year, which would have been a great burthen upon the people. And I had refolved with myself to promote the expediting fuch neceffary bills, and to avoid and remove, as far as I could, all difficulties which might obstruct the fame. But, you gentlemen, had not the fame difpofition; you not only put a stop to all real business, with the moft trifling pretence, for fome weeks together; but you endeavoured, by all means you could, to oblige me, in the course of my duty, to put an abrupt end to this feffion, before you would permit the neceffary bufinefs of the Province even to be brought before you. In this, gentlemen, you had fome fuccefs; you put me under the difficulty of either not making proper provifion for the neceffary fervice of the government, which could not be done without continuing the feffion, or by a continuation of it, shewing a want of regard to the dignity of the crown. The affertions, declarations and refolutions, which you have from the beginning of the feffions to this time, continued to iffue, in direct oppofition to the fenfe of the fovereign legiflature, as it has been lately declared, and in terms entirely inconfiftent with the idea of this province being a part of the British empire, would have demanded of me an immediate vindication of the honour of the crown, by putting an early end to this feffion, ifI had not been reftrained by my concern for the exigencies of the state. And I must rely upon his Majefty's favourable indulgence in accepting my attention to the neceffities of the people, in lieu of the resentment which was due to the misbehaviour of their reprefentatives. " To his majesty therefore, and, if he pleafes, to his parliament, must be referred your invafion of the rights of the imperial fovereignty. By your own acts you will be jndged: you 'need not be apprehenfive of any mifreprefentations; as it is not in the power of your enemies, if you have any, to add to your publications: they are plain and explicit, and need no com ment. It is my duty, and I fhall do it with regret, to transmit to the King true copies of your proceedings: and, that his majesty may have an opportunity to fignify his pleasure thereupon before you meet again, I think it neceffary to prorogue this general court immediately to the ufual time of its meeting for the winter feffion. Council Chamber, July 15. FRA. BERNARD. The reprefentatives of this province, have, in a large houfe of upwards of an hundred members, unanimously remonftrated against the administration of Sir Francis Bernard, baronet, of Nettleham, Nettleham, governor of the province, as having been corrupt and arbitrary; and humbly petitioned the King, that he may be for ever removed from this government. -It is faid that above a dozen articles are therein exhibited against him, with authentic proofs chiefly taken from his own letters and fpeeches of former and latter dates. Atrue Copy of the Dutiful and Loyal Petition of the Town of Boston, the Metropolis of the Province of Masachusetts Bay, to the King's moft excellent Majefty, which paffed, Nemine Contradicente, at an Annual Meeting of the faid Town, legally called and held in March last, and by their Order, Signed by the Moderator, and tranfmitted to the Honourable Ifaac Barre, Efq; in London, to be presented by him to his Majefty as Joon as might be. To the King's moft Excellent Majefty. Moft Gracious Sovereign, E your Majefty's loyal fubjects the freeholders and inhabitants of the town of Bofton; the capital of your province of Maffachusetts-Bay, being legally affembled in town-meeting, beg leave to approach your Majefty; and humbly implore your royal attention, while we bring our complaints to the throne, where your aggrieved fubjects cannot fail of redrefs. It is our confolation, amidst all our fufferings, that the British throne is filled with a fovereign, adorned with every princely virtue; whofe royal ear is ever attentive to the humble petitions of the remoteft of his fubjects. And we befeech your Majesty to indulge us at this time in a particular addrefs, as our circumftances are rendered peculiarly perplexed and diftreffing. Nothing could have more affected us with grief and anxiety, than to perceive the concern which your Majefty has expreffed, that a fpirit of faction had broke out in fome of your American colonies, and that the capital town in one of them, had been represented to your majefty, as being in a state of disobedience to all law and government: but when it appeared that fuch advices had been laid before your Majesty's minifters, as to induce the house of lords, exprefly to refolve, that the town of Bofton had been in a state of diforder and confufion for fome time past, we were ftruck with aftonishment as well as grief. We deeply lament that diforders have taken place in any part of your majesty's dominions: but fuch is the imperfection of all human affairs, that thefe will be found, even in the best regulated focieties, and under the happiest government. Your Majefty, in your great wisdom and clemency, will make favourable allowances for any errors and faults that are not inconfiftent with fettled principles of loyalty, and due obedience to government. With the ftricteft truth, we can affure your majefty, that none of your fubjects of this town, can be justly charged with difa fection difaffection to your royal perfon, family or government, or even a difpofition to oppofe the due reftraints of law and conftitutional authority. Permit us with the warmest affection and duty to affure your Majefty, that the only inftance that could bear a reprefentation of diforder and confufion in this town within the year paft, was, in a great meafure, occafioned by the misconduct of fome of your Majefty's fervants here; who, by exercifing a power not warranted by the acts of parliament, or beyond their direction, had irritated the minds of fome individuals of your Majefty's fubjects, and excited them to fuch proceedings as we cannot pretend to justify: but this disorder was immediately difcountenanced by the body of the inhabitants, and very foon fuppreffed. Your Majefty's council however, met upon the occafion, and appointed a committee of their own body, confifting of fuch members as bore commiffions for the peace in the county, to enquire into the disorder and bring the offenders to punishment: but your majesty's governor thought proper afterwards, not to encourage this procefs, preferring, as we are informed, another method of procedure. Accordingly we find by the printed votes of the houfe of commons, minutes of depofitions, relating to this affair, tranfmitted by the governor to your Majefty's fecretary of state, which have operated to the great disadvantage of this town, while after our careful enquiry, we have not to this moment the full knowledge of what they contain, nor of the magiftrate before whom they were taken: and yet we have reafon to fear that from the process of civil juftice thus laid afide, occafion has been taken, to form a reprefentatior. to your Ma jefty's minifters, not only that illegal acts had been committed by fome individuals among us, but that the inhabitants in general were in a state of oppugnation to all law and government.. With all fubmiffion to your majefty, but with a confidence which will ever accompany innocence and truth, we can declare; that the courfe of justice has never been interrupted in any of your Majefty's courts, nor even before a fingle magiftrate; nor can an inftance be produced of fo much as an attempt to refcue any criminal out of the hand of juftice: And though fome of the customhoufe officers may have been treated ill, occafioned by fome imprudent and unprecedented conduct on their part; yet the payment of the duties required by thofe acts of parliament, which are complained of by your Majefty's American fubjects as grievous to them, has never been interrupted here. And there has been a difpofition among all your Majefty's fubjects of this town, orderly and dutifully to wait for that relief, which we still hope for from your Majefty's wifdom and clemency, and the juftice of your parliament. We therefore beg leave humbly to fubmit to your majefty, whether thofe reprefentations must not have been greatly exaggerated, and injurious to your faithful fubjects, which have induced the lords to refolve, that the ftate of the town of Bofton has been a fcene of diforder and confufion. Your Your Majefty will be graciously pleafed further to indulge as, in expreffing our deep concern, that the public tranfactions of the town have been reprefented to adminiftration in fuch a light as to incur the cenfure of the lords, and we ftill fear an unfpeakably greater misfortune, your Majefty's difpleasure. Far be it from us to bring upon ourselves, by our own conduct, the difpleafure of our gracious fovereign, to whom we have ever borne, and do ftill bear, true and faithful allegiance.—Unfortunately for the inhabitants of this town, their public conduct has been arraigned as undutiful, difaffected, and even rebellious; under this apprehenfion, the felect men of the town thought it their duty refpectfully to wait on your Majefty's governor of this province, intreating that he would communicate to them an acCount of facts as he had ftated them fince the commencement of the last year; that the town, having a clear and precife underftanding of fuch matters as might appear to have been alledged against it, might be able to make its own defence. They alfo prayed that the governor would condefcend fo far, as to point out to the town, in what refpects he apprehended its public tranfactions might appear to have militated with any law, or the British conftitution; that the town might either retract its error or vindicate its own conduct: but the governor did not think proper to grant their requeft. Thus your Majefty's aggrieved fubjects have been totally kept in ignorance of fuch reprefentations as have been made against them, even until they have felt their unhappy effects. For it has been judged proper, that your Majefty's troops fhould be ordered here, and ftationed in the body of the town, contrary, as we humbly apprehend, to the manner prefcribed in the act of parliament made for the provifion of quarters for your Majefty's troops in America, upon a reprefentation of their neceffity to aid the civil authority and preferve the peace, while, as we humbly conceive, all who have had an opportunity of nearly obferving our behavior with an unprejudiced eye, will allow, that your Majefty's fubjects of this town are, and have been, as orderly and peaceable, as fubmiffive to law and juft authority, and as truly loyal to their fovereign, as any fubjects in your Majefty's extended empire.We therefore, with hearts full of affection and duty, and with the warmeft attachment to our conftitutional rights, liberties and privileges, most humbly befeech your Majefty to allow us to declare, that thofe accounts are ill grounded, which may have repreferted us as held to our allegiance and duty to the best of fovereigns, only by the band of terror and the force of arms. We cannot therefore forbear most ardently to fupplicate your Majefty, to remove from the town a military power. A power, which the ftri&teft truth will warrant us to declare is unneceffary for the fupport of civil authority among us; for which we have the public teftimony of your Majefty's council. A power, which your fubjects cannot but confider as unfavourable to commerce, destructive |