violated, and it was requested that they might be fecured in future. The inability of the colony to address the houfe in their legislative capacity, from the diffolution of the general affembly, was regret, ted; and a long recital made of the difficulties, hardships, and dangers which their ancestors had experienced, who for the prefervation of civil and religious liberty, had made fettlements in the most innofpitable forefts, and been expofed to the age of the most favage and cruel enemies; where, from the nature of the climate, and the infertility of the foil, no advantage to their temporal interefts was even to be hoped for, and the utmost that could be expected, was only a fcanty fubfiftence in confequence of the most unremitted labour. From the premifes it was inferred, that they not only dearly purchafed their fettlements, but acquired an additional title, befides their common claim as men and as British fubjects, to the immunities and privileges which they afferted had been granted to them by charter.

The great and willing fervices performed by the colonies at their own expence in our wars; the old ones having been all established without any expence to the mother country; the infinite advantages the derives from ther; the fhare they virtually bear in our taxes, by the confumption of our manufactures; their inability to pay the duties, and the ill confequences refulting from the late laws, not only to them but to the mother country, were brought as arguments to folicit their repeal, and to fhew the title they held, not only

to a fecurity of their rights, but. eyen to favour.

`Feb. 8.

Refolutions, and an addrefs to his majesty upon American affairs, were however paffed in the houfe of lords, and thence tranfmitted to the commons, by which they became the act of the two houses. By thefe refolutions, the late acts of the house of reprefentatives of the province of Maffachufet's Bay, which tended to call in queftion, or to import a denial of the authority of the fupreme legiflature to make laws to bind the colonies in all cafes whatfoever, were declared to be illegal, unconftitutional, and derogatory of the rights of the crown and parliament of Great Britain. The ci cular letters wrote by the fame affembly, to thofe of the other colonies, requiring them to join in petitions, and ftating the late laws to be infringements of the rights of the people in the colonies, were alfo declared to be proceedings of a molt unwarrantable and dangerous nature, calculated to inflame the minds of the people in the other colonies, and tending to create unlawful combinations, repugnant to the laws of Great Britain, and fubverfive of the conftitution.

The town of Bofton was declared to have been for fome time paft in a state of great diforder and confusion, disturbed by riots and tumults of a dangerous nature, in which the officers of the revenue had been obftructed by violence in the execution of the laws, and their lives endangered: that neither the council of the province, nor the ordinary civil magiftrates, had exerted their authority for fuppreffing.

the

the faid riots and tumults: that in these circumstances of the province of Maffachufet's Bay, and of the town of Boston, the prefervation of the public peace, and the due execution of the laws, became impracticable without the aid of a military force to fupport and protect the civil magiftrate, and the officers of his majesty's revenue. That the declarations, refolutions, and proceedings, in the townmeetings at Boston, on the 14th of June, and 12th of September, were illegal and unconstitutional, and calculated to excite fedition and infurrection. That the appointment, at the town-meeting on the 12th of September, of a convention to be held in the town of Bofton, on the 22d of that month, to confift of deputies from the feveral towns and diftricts in the province, and the writing of a letter by the felect men, to each of the faid towns and districts, for the election of fuch deputies, were proceedings fubverfive of government, and evidently manifefting a defign in the inhabitants of Bofton, to fet up a new and unconftitutional authority, independent of the crown. The elections by the feveral towns and districts, of deputies to fit in the convention, and the meeting of it, were also declared to be daring infults offered to his majesty's authority, and audacious ufurpations of the powers of government.

In the address, the greatest fatif faction was expreffed at the meafures which had been purfued to fapport the conftitution, and to induce in the colony of Maffachufet's Bay, a due obedience to the authority of the mother country. The most inviolable refolution was

declared, to concur effectually in fuch further measures as might be judged neceffary to maintain the civil magiftrates in a proper exe cution of the laws; and it was given as matter of opinion, that nothing would fo effectually preferve royal authority in that province, as bringing the authors of the late unfortunate diforders to exemplary punishment. Upon this conviction it was earneftly requefted, that governor Barnard might be directed to tranfmit the fulleft information he could obtain, of all treafons, or mifprifion of treafon, committed within his government fince the 30th of Dec. 1767, together with the names of the perfons who were moft active in the perpetration of fuch offences; that his majefty might iffue a fpecial commiffion for enquiring into, hearing, and determining upon the guilt of the of fenders within this realm, pursuant to the provifions of a statute made in the 30th year of Henry VIII; in cafe his majefty, upon governor Barnard's Report, fhould fee fufficient ground for fuch a proceeding.

Notwithstanding the powerful majority by which thefe refolutions and the addrefs were carried through, no measures were ever oppofed with more firmness, nor any fubject more ably difcuffed, than this was through the long courfe of debate with which it was attended. As both the right and the propriety of American taxation were brought within this dif cuffion, the arguments under these heads have already been given, on the occafion of laying on, and of the repeal of the ftamp duties, New ground was however taken. [E4]

upon

upon the inutility of the late revenue laws, their inexpediency, the measures pursued by administration for the execution of them, and fome parts of the addrefs.

It was faid, that the inutility of thefe laws was fo evident, that the ministers did not even pretend to fupport them upon that ground, but refted their defence upon the expediency of establishing the right of taxation. That this right had been fufficiently established, and the dignity and fupreme authority of the legiflature properly afferted, by the declaratory act of the 6th of his prefent majesty, as well as by a multitude of revenue laws paffed in the former reigns, and even in this. Thefe laws answered all the good purpofes for which the late law is pretended to have been paffed, at the fame time they excited no alarm, and did not drag after them any part of that long train of evils, of which the late act had already been productive. That with all the confequences of the ftamp act before their eyes, a full conviction of which (or at leaft a pretence of fuch a conviction) induced parliament the year before to repeal it, and that tranquillity at least had been the confequence of that repeal, wantonly to make another experiment of the fame nature, less productive of revenue, but more vexatious in its mode, and more pernicious in its effects, than the former, was, to call it no worfe, fuch a degree of abfurdity as could fcarcely be equalled. That loaded with all the deftructive confequences which could attend the moft general and comprehenfive tax upon America, thefe laws in fact only taxed the mother country; and shat the laying of duties upon Bri

tifh commodities and manufactures landed in the colonies, was, in effect, granting premiums to excite the induftry of the Americans, and to put them upon raifing the one, and rivalling us in the other. In thefe cenfures the Rockingham and Grenville parties (fuppofed on this point to be irreconcileable)entirely united. They urged, that admitting the repeal of the stampact to have been an improper meafure, yet, from the moment of that repeal, the policy of the mother country was altered, though her rights were not abridged. An attempt to tax the colonies, no longer ftood upon its ancient footing of wifdom and practicability.

That it was now the mode, with thofe who had been the original caufe of all the prefent diforders in America, to reprefent the people there as nearly in a ftate of rebellion, and thus artfully endeavour to make the caufe of the miniftry the national caufe, and to perfuade us, that because the people, aggravated by a series of blunders and mifmanagements, and emboldened by the weaknefs and inconfiftency of government, have fhewn their impatience in the commifion of feveral irregular and very indefenfible acts, that they want to throw off the authority of the mother country. That indeed it was too true, that popular prejudices were very dangerously meddled with, and that therefore all wife governments made great allowances for them, and when there was a neceffity of counteracting them, always did it with the greatest art and caution. That the temper of the Americans, in this refpect, was well known from the former trial: but what means were used to soften

it, or to difpofe them more favourably to this experiment? A number of duties were laid on, which derive their confequence only from their ódioufnefs and the mifchiefs they have produced; and an army of cuftom-houfe officers, who from their novelty, an opinion that the taxes were only created for them, as indeed they could fcarcely anfwer any other purpose, and from many other circumftances, were, if poffible, more odious than the duties, were fent to collect them, That this measure, as might have been expected, not having proved fufficient to establish the fuccefs of the experiment, another army, ftill more odious, and much more dangerous, was fent to enforce it. It was faid, that fome of thofe who were the framers, or under whofe aufpices thefe duties had been laid on, were themselves the zealous fupporters, and at the head of that opinion, which totally denied the right in the legislature of any taxation in America; that their names had been held up in the colonies, as objects of the highest veneration, and their arguments were made the foundation of whatever was there understood to be conftitutional writing or fpeaking: Was it then to be wondered at, that the Americans, with fuch authorities to fupport them in opinions, which were, in the highest degree, flattering to their importance, fhould, in that warmth of imagination, fly into the greatest extravagancies, upon a direct and immediate violation of what they were taught to confider, as their most undoubted and invaluable rights? or can we be furprized, that fuch unaccountable contradictions between language and conduct, fhould produce

the unhappy confequences which we now experience.

That part of the addrefs which propofed the bringing of delinquents from the province of Maffachufets, to be tried at a tribunal in this kingdom, for crimes fuppofed to be committed there, met with ftill greater oppofition than ' the refolves, and underwent many fevere animadverfions. Such a proceeding was faid to be totally contrary to the fpirit of our conftitution. A man charged with a crime, is, by the laws of England, ufually tried in the county in which he is faid to have committed the offence, that the circumstances of his crime may be more clearly examined, and that the knowledge which the jurors 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, from a conviction of its utility, has fecured this mode of trial to every fubject in England, under what colour of juftice can he be deprived of it by going to America? Is his life, his fortune, his happiness, or his character, lefs eftimable, in the eye of the law, there than here? or, are we to mete out different portions of justice to British fubjects, which are to leffen in degree, in proportion to their distance from the capital? If an American has violated the laws by a crime committed there, let him be tried there for the offence; but let him not be torn about 3000 miles from his family, his friends his bufinefs, and his connections; from every affistance, countenance, comfort, and coun fel, neceffary to fupport a man un

der

der fuch trying and unhappy circumftances, to be tried by a jury who are not, in reality, his peers, who are probably prejudiced, and who may perhaps think themfelves, in fome degree, interested against him.

It was faid, that it would be difficult in the last degree, if not utterly impoffible, for the accufed perfon to bring over the neceffary evidence for his vindication, tho' he were entirely innocent; that it would require a very affluent fortune to bring from Boston to London all the wineffes who would be indifpenfably requifite; that many others may be thought effential at the time, who were not fo, and who would add equally to the expence, and others overlooked or forgot, who might be of the greateft confequence; that he muft alfo bring reputable perfons to testify the general tenor of his conduct and behaviour, though they could, perhaps, give no evidence as to the particular fact with which he was charged. That, on the other fide, the witneffes against him, fupported by the countenance and protection of government, maintained at the national expence, and fure of a compenfation for their lofs of time, belides, perhaps, the hopes of future reward and provifion, would not only be eafily collected, but that it was to be feared too many would think it an eligible employment, and become eager

candidates for it.

That in this fituation, charged with a crime against the authority of the mother country, the judges who are to determine his fate, are the people against whom he is fuppofed to have tranfgreffed; thofe who have constructed the act with

5

which he is charged into a crime, whofe paffions are heated, and who are at once parties, accufers, and judges. That if he is even acquitted, the confequence will probably be his total ruin, as, independent of the great loss of time that will attend the profecution, few fortunes will be able to bear the confequent expences; to fay nothing of the loss of health, and the numberlefs vexations and oppreffive circumftances that will attend fo long a confinement, in a vain ftruggle between the impotence of weaknefs, and the coercive exertions of power. Thus, it was faid, that the life, fortune, and character, of every man, who had the misfortune to become obnoxious to the governor of a province, would, in fome degree, lie at his difpofal; as pretences on which to found a charge could never be wanting, and the fort of evidence neceffary to give a colour to the profecution, might be eafily found. It was reprefented as a ftrange measure, upon this occafion, to drag out of the oblivion in which it had fo long defervedly lain, and in which it thould have continued for ever buried, an obsolete law, which was paffed in one of our most cruel and tyrannical reigns, only to anfwer a temporary and arbitrary purpose. That our conftitution was not then, in any degree, defined; that, fuch as it was, it continually underwent every flagrant violation, which the whim or cruelty of a capricious tyrant was capable of directing; but it would be much to our honour, if many of the public acts of that reign could be totally forgotten; and that it was hoped, that no part of the line of publick conduct then pursued,

would