house; and it was unavailingly urged by a few individuals, that the penal clauses of the bill should be carried into execution only on the proviso of a refusal to indemnify the company on the part of the town. Such was the indignation excited by the late atrocious violation of the laws, that the house appeared reluctant to listen to any palliative arguments or perfuafives to moderation; and it must indeed be acknowledged that the empire was now, by unexampled indifcretion, brought into a fearful and hazardous dilemma. Good policy evidently suggested conciliation as the grand object which ought not for a moment to be lost fight of. It was first, and last, and midft, in every generous and reflecting mind; but then this conciliation ought not to be accompanied with any real degradation on the part of Great Britain. It was not less for the advantage of America than of Britain, that the just and conftitutional authority of the mother country, upon the antient and eftablished principles of fuperiority and fubordination, should be maintained. To pass over fuch enormities, as had now taken place, without notice or animadverfion, would indeed have been a dereliction of that authority; but great caution was necessary, now that the paffions were awakened, so to temper justice with lenity, as to demonstrate that the decifions of the fupreme power of the empire were neither tinctured with the meanness of malice nor the folly of revenge. Had the penal clauses of the Boston port-bill been properly modified, and the duty on tea, which had given rise to these fatal contentions, at the same time repealed, that is no doubt but a compenfation to the company would have been immediately voted, the honor of government would have been maintained, and a fure foundation laid for a permanent reconciliation. But how rarely are the resolutions adopted in anger founded in wisdom! The idea of this repeal was suggested in the house of commons, but repressed with ineffable disdain, and the bill paffed both houses without a divifion... : Very foon after this, a second bill was introduced by the minifter, for the better regulating the government of the province of Massachusetts bay. By this bill the charter of the province was entirely fubverted, and the nomination of the counsellors, judges, and magistrates of all kinds, including sheriffs, was vested in the crown, and all those officers made removeable at PLEASURE. This bill the minister affirmed to be absolutely neceffary, for preventing the rest of the colonies from being tainted by the feditious example of Massachusetts Bay. The opposition now seemed to rife into fome degree of firmness and vigor. It was asked, whether the colonies already regulated nearest to the manner proposed by this bill, were more fubmiffive to the right of taxation than Massachusett's? It was afferted that the disorder lay much deeper than in any diverfities that subsisted in the colonial forms of Government; that the people throughout the whole extent of that vast continent were universally dissatisfied, and the uneasiness and resistance were no less in the royal governments than in any other. By an invasion of the charter, the cause of Maffachusetts will be made the common cause of all the colonies, who have no other or better security for the continuance of their own." It was finally carried by a prodigious majority of 239 againft 64 voices, May 2, 1774. In the house of lords the bill did not pass without the severest strictures; the final division on the general question was 92 to 20, and an animated and excellent protest against it was figned by eleven peers, amongst whom were the dukes of Richmond and Portland, and the marquis of Rockingham. "Before the rights of the colony of Massachusetts Bay, which they derive from their charter, are taken away, the definite legal offence by which a forfeiture of that charter is incurred," say their lordships, " ought to have been clearly stated, and the parties heard in their own defence; and the mere celerity of a decision against it will not reconcile the minds of the people to that mode of government which is to be established upon its ruins. On the general allegations of a declaratory preamble, the rights of any public body may be taken away, and any visionary scheme of government substituted in their place. By this bill, the governor and council are invested with dangerous powers, unknown to the British constitution, and with which the king himself is not intrusted. By the appointment and removal of the sheriff at pleasure, they have the means of returning fuch juries as may best suit with the gratification of their paffions and interests; the life, liberty, and property of the fubject are put into their hands without control. The weak, injudicious, and inconsistent measures of the ministry have given new force to the distractions of America, which on the repeal of the stamp act were fubfiding; have revived dangerous questions, and gradually estranged the affections of the colonies from the mother country. To render the colonies permanently advantageous, they must be SATISFIED WITH THEIR CONDITION! that fatisfaction there is no chance of restoring, but by recurring to the principles on which the repeal of the stamp act was founded." The next step was, to bring in a bill for the impartial administration of justice in the province of Massachusetts bay. This bill provided, that in cafe any perfon was indicted in that province for murder or any other capital offence, and it should appear by information given on oath to the governor, that the fact was committed in the exercise or aid of magistracy in fuppreffing riots, and that a fair trial could not be had in the province, he should send the person so indicted to any other colony, or to Great Britain, to be tried; the act to continue in force four years. This was the counter-part of the obfolete and tyrannical act of Henry VIII. lately revived for the trial in Great Britain of treasons committed in America. As that was intended for the punishment of the enemies of government, this was designed for the impunity of its friends. The oppofition i to to this bill in both houses, though it finally passed by great majorities, was warm and vigorous. " By this bill," faid colonel Barré, at the close of an admirable speech, " you are offering the last of human outrages to the people in America, by fubjecting them in effect to military execution: instead of sending them the olive branch, you have sent the naked sword. What madness is it that prompts you to attempt obtaining that by force, which may be with fo much more facility and certainty procured by requifition? Retract your odious exertions of authority, and remember that the first step towards making them contribute to your wants, is to reconcile them to your government." A protest, not less spirited than the former, was entered against it in the house of lords. " This bill," faid the protesting peers, " after the proscription of the port of Boston, the disfranchisement of the colony of Maffachusetts Bay, and the variety of provifions which have been made in this feffion for new-modelling the whole polity and judicature of this province, is an humiliating confeffion of the weakness and inefficacy of all the proceedings of parliament. By supposing that it may be impracticable, by any means that the public wisdom could devise, to obtain a fair trial there for any who act under government, the house is made virtually to acknowledge the British government to be universally odious to the whole province, and to the whole continent. This bill seems to be one of the many experiments towards an introduction of effential innovations into the government of this empire. The yirtual indemnity provided by this bill for those who shall be indicted for murders committed under color of office, can answer no other purpose. We confider that to be an indemnity which renders trial and consequently punishment impracticable; and trial is impracticable when the very governor, under whose authority acts of violence may be committed, is empowered to fend the instruments of that violence to 3000 miles distance from the scene of their offence, the the reach of their profecutor, and the local evidence which may tend to their conviction," It was a wonted saying of the famous Sir Francis Walfingham, " that a statesman must observe the joints and flexures of affairs;" but this was a species of knowledge which the ministers of George III. disdained to study. All things must, at all events, bend to their will; and if no " joints or flexures" were difcernible, the resistance was to be overcome by acts and instruments of political torture. This bill being paffed, and the recefs approaching, many members were about to retire into the country, when their attention was recalled to another bill, for making more effectual provision for the government of the province of Quebec. It paffed through the house of lords, where it originated, with unexpected facility; but met with an oppofition in the house of commons more vehement than any of the former. The principal objects of the bill were, to afcertain the limits of the province, which were now extended far beyond those settled by the proclamation of 1763, including that vast tract of territory fouthward of the lakes, and bordering upon the great rivers Ohio and Miffisippi; to establish a legislative council, the counsellors to be appointed by the crown, and the office to be held during pleasure; to confirm the French laws and a trial without jury in civil cafes; the English laws and a trial by jury in criminal; to secure to the Roman catholic clergy the legal enjoyment of their tythes from all who were of their own religion. The revenue of the province was configned in the first instance to the board of treafury, for the fupport of an unlimited civil list and the administration of justice; the judges holding their office and falaries during pleasure. Thus the government of Quebec was converted into a legal despotism, committed by parliament into the hands of the crown; and a striking proof was exhibited to the world, what the other provinces of America had to expect, when reduced to a loyal and dutiful fubmiffion. |