blications, votes of towns, and all other artifices. That fo, from a fettled rancour against the officers and troops in general, the fuddennefs of my trial after the affair, while the people's minds are greatly inflamed, I am, though perfectly innocent, under most unhappy circumftances, having nothing in reafon to expect, but the lofs of life in a very ignominious manner, without the interpofition of his Majesty's juftice and goodness.

Here ends Captain Preston's account, to which may be added his trial, which began on Wednesday the 24th of October, and was continued from day to day, Sunday excepted, till Tuesday the 30th. The witneffes who were examined on both fides amounted to about 50. The lawyers for the crown were Mr Barne and Mr Samuel Quincy; for the prifoner, Mr Auchmuty and Mr John Adams. Each of them fpoke three hours at least. About Monday noon the judges began their charge. Judge Trowbridge, who fpoke firft, entered largely into the contradictory accounts, given by the witneffes, and declared, that it did not appear that the prifoner gave orders to fire; but if the jury fhould think otherwife, and find it proved that he did give fuch orders, the question then would naturally be, What crime is he guilty of? They furely could not call it murder.-Here he explained the crime of murder in a very distinct manner, and gave it as his opinion, that by law the prisoner was not guil ty of murder; obferving, that the King had a right to fend his troops here; that the commanding officer of thefe troops had a right to place a centinel at the custom-houfe? that the centinel placed there on the night of the 5th of March was in the King's peace; that he durft not quit his poft; that if he was infulted or attacked, the captain of the guard had a right to

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protect him; that the prifoner and his party, who came there for that purpose, were in the King's peace; that while they were at the custom-house, for the purpose of protecting the centinel, it was plainly proved that they had been affaulted by a great number of people; that the people affembled there were not in the King's peace, but were by law confidered as a riotous mob, as they attacked the prisoner and his party with pieces of ice, sticks, and clubs; and that even one of the witneffes against him confeffed he was armed with a Highland broadsword; that the rioters had knocked down one of the foldiers of the party, laid hold of feveral of their mufkets, and that, before the foldiers fired, the cry was, Knock them down! Kill them! Kill them! That all this was fworn to by the witneffes, and if the jury believed them, the prifoner could not be found guilty of murder. He then proceeded to explain what the law confidered as man-flaughter, and obferved, as before, that if they gave credit to the witneffes, who testified the affaults made on the prifoner and his party, they could not find him guilty of man-flaughter, and concluded with faying, that if he was guilty of any offence, it could only be excufable homicide; that this was only founded on the fuppofition of the prifoner's having given orders to fire, for if this was not proved, they must acquit him.

Judge Oliver, who spoke next, began with reprefenting, in a very nervous and pathetic manner, the infults and outrages which he, and the court, through him, had received on a former occafion (meaning the trial of Richardion) for giving his opinion in a point of law; that, notwithstanding, he was refolved to do his duty to his God, his King, and his country; that he defpifed both infults and threats, and that he would

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not forego a moment's peace of confcience for the applause of millions. He agreed in fentiment with the former judge, that the prisoner was not guilty.

Judge Cufhing fpoke next, and agreed entirely with the other two, with regard to the prifoner's cafe.

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Judge Lyndex concluded. He fpoke a confiderable time, and was of the fame opinion with the other judges. Towards the close of his speech, he faid, Happy I am to find, that, after fuch ftrict examination, the conduct of the prifoner appears in fo fair a light; yet I feel myself, at the fame time, deeply affected, that this affair turns out fo much to the dif grace of every perfon concerned against him, and fo much to the fhame of the town in general." The jury then returned their verdict, Not Guilty. He was immediately difcharged, and is now in the castle. Great numbers attended during the trial, which was carried on with a folemn decency.

As one evil generally introduces another, during the time of thefe commotions on the continent of America, a fet of lawless ruffians in Orange county, Carolina, broke out into open violence, and set all law and government at defiance. They called themfelves Regulators, and committed many wicked and cruel outrages. Their principal averfion was directed against courts of justice, and gentlemen of the law, to whom they fhewed all manner of despite and contempt. When Judge Henderfon and several lawyers were returning from Salisbury circuit to Hillsborough to hold the court there, they lay in wait for them, with rifle guns to dispatch them; but the Judge receiving intelligence of their defign, went another way, and by that means preferved his own life, and that of his attendants. They ftill threatened to meet him at Hillsborough,

Hillsborough, and to execute their vengeance on him and his company there. They put their threatenings in execution, and in a moft mercilefs and cruel manner treated Colonel Fanning, Mr Hooper, and fome others. They defired the judge to proceed, but according as they directed him, and put a stop to all proceedings of juftice. The judge efcaped with difficulty, by fecretly withdrawing, which put them into a great rage, and provoked them to fuch a degree, that they plundered and deftroyed all the furniture in Colonel Fanning's houfe, feized all his papers and books, and scattered them in the wind; they alfo carried off all his money and plate, drank plentifully of his liquors, and set the rest a-running in the streets. They next broke the church bell in pieces, and were going to pull down the church, but in this they did not agree. To finish their tragedy, they took a negro that was hanging in chains, and placed him in the judges chair, to fhew their entire contempt of all justice. Such is the dangerous tendency of commotions in government; under the fhadow and pretence of purfuing their own privileges, mifchievous and wicked men often defpife all legal government, and plunder their fellow fubjects. The reports concerning the riot at Bofton had now reached England, which made it neceffary for parliament to enquire into the caufes and reafons of that unfortunate affair. The miniftry appeared fhy on this occafion, for though two regiments were fhut up in Caftle William, without any order from government, which was no fmall affront to the minifter and the court, yet they were afraid to enter upon an enquiry, for fear of the oppofition infifting upon an enquiry concerning the whole affair. It was thought that government imagined, by fuffering the matter to hang in fufpence,

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that the colonifts would divide and fall out among themselves, and fo make the bufinefs of the miniftry more eafy. In this they were, however, mistaken.

A motion was made, upon the 8th of May, for an addrefs to the throne, fetting forth the difputes that had arifen among the feveral governors and commanders, in almost all the colonies fince the appointment of a commander in chief; that the colonies have been for fome time, and ftill are, from this and other caufe, in a state of great diforder and confufion; that the people of America complain of the establishment of an army there, as fetting up a military government over the civil; and therefore praying that all these matters may be confidered, and fuch measures taken as would replace things upon a conftitutional footing. This motion was introduced by obferving, that in the prefent critical fituation of af fairs, they were exprefsly called upon to enquire; how the minifters here, no lefs than their officers there, have managed fo unfortunately, as to kindle the prefent flame of diffention between the mother. country and the colonies. That in fulfilling this duty, they must not only confider the matter of fact, but the right of things: not only the turbulence of the Americans, but the cause of that turbulence ; and not only the power of the crown, but the equity with which that power has been exercifed. This was a motion that was not likely to be carried in a house where the minifter had a powerful majority. It met with the fate of many others of the like nature, and had a negative put upon it. Upon reflection, one cannot help thinking it strange, that men who are employed in bufinefs, and manage it fairly, fhould have fuch an averfion to having their conduct examined. A refufal of this fort always implies, either fome de

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