. feveral of the Lords, on their Houfe's agreeing with the Commons in the faid Address. Diffentinent, ift. The previous queftion was moved, not to prevent the proceedings in the addrefs communicated at the conference with the Commons, but in order to present the petitions of the N. American merchants, and of the West India merchants and planters, which petitions the house might reject if frivolous, or postpone if not urgent, as might feem fit to their wif dom; but to hurry on the bufinefs to which thefe petitions fo materially and directly related, the express prayer of which was, that they might be heard before any refolution may be taken by this right honourable house refpecting America," to refufe fo much as to fuffer them to be prefented, is a proceeding of the most unwarrantable nature, and directly fubverfive of the most facred rights of the fubject. It is the more particularly exceptionable, as a Lord, in his place, at the exprefs defire of the Weft India merchants, informed the houfe, that if neceffiated fo to do, they were ready, without counfel, or farther preparation, instantly to offer evidence to prove, that feveral islands of the Weft- Indies could not be able to fubfift after the operation of the propofed addrefs in America. Juftice, in regard to individuals, policy with regard to the public, and decorum, with regard to ourfelves, required that we fhould admit this petition to be prefented. By refufing it, justice is denied. 2dly. Becaufe the papers laid upon our table by the minifters, are fo manifeftively defective, and fo avowedly curtailed, that we can derive from them nothing like information of the true ftate of the objest on which we are going to act, or of the confequences Q 9 9 quences of the refolutions which we may take. We ought, as we conceive, with gladnefs, to have accepted that information from the merchants, which if it had not been voluntarily offered, it is our duty to feek. There is no information concerning the state of our colonies (taken in any point of view,) which the merchants are not far more competent to give than governors or officers, who often know far lefs of the temper and difpofition, or may be more dif pofed to mifreprefent it than the merchants. Of this we have a full and melancholy experience, in the miftaken ideas on which the fatal acts of the last parlia ment were formed. 3dly. Because we are of opinion, that in entering into a war, in which mischief and inconveniences are real and certain (but the utmost extent of which it is impoffible to forfee) true policy requires that those who are most likely to be immediately affected, fhould be thoroughly fatisfied of the deliberation with which it was undertaken: and we apprehend that the planters, merchants, and manufacturers will not bear their loffes and burthens, brought on them by the proposed civil war, the better for our refufing fo much as to hear them previous to our engaging in that war; nor will our preciptation in refolving, add much to the fuccefs in executing any plan that may be pursued. We proteft therefore against the refufal to fuffer fuch petitions to be prefented, and we thus clear ourfelves to our country of the difgrace and mifchief, which must attend this unconstitutional, indecent, and improvident proceeding. Richmond, Portland, Ponfonby, Then the main question was put, whether to agree with the Commons in the faid addrefs, by inferting the words (Lords Spritual and Temporal, and) It was refolved in the affirmative. Diffentient, ft. Because the violent matter of this dangerous addrefs was highly aggravated by the violent manner in which it was precipitately hurried through the Houfe. Lords were not allowed the interpofition of a moment's time for deliberation, before they were driven headlong into a declaration of civil war. A conference was held with the Commons, an address of this importance prefented, all extraneous information, although offered, pofitively refufed, all petitions arbitrarily rejected, and the whole of this moft awful business received, debated, and concluded in a fingle day. 2dly. Because no legal grounds were laid in argument or in fact, to fhew that a rebellion, properly fo called, did exist in Maffachufett's-Bay, when the papers of the latest date, and from whence alone we derive our information, were written. The overt-acts to which the fpecies of treafon affirmed in the address ought to be applied, were not established, nor any offenders to be marked out: but a general mass of the acts of turbulence, faid to be done at various times and places, and of various natures, were all thrown together to make out one general constructive treason. Neither was there any fort of proof of the continu ance of any unlawful force, from whence we could infer that a rebellion does now exift. And we are the more cautious of pronouncing any part of his Majesty's dominions in actual rebellion, because of the cafes of constructive treafon, under that branch of the 25th of Edward the Third, which defcribes the crime of rebellion, have been already fo far extended by the judges, and the distinctions upon it so nice and subtle, that no prudent man ought to declare any single per fon in that fituation, without the cleareft evidence of the uncontrovertible over-acts, to warrant fuch a declaration. Much lefs ought fo high an authority as both houfes of parliament, to denounce fo fevere a judgment against a confiderable part of his Majefty's fubjects, by which his forces may think themselves juftified in commencing a war without any further order or commiffion. 3dly. Because we think that feveral acts of the late parliament, and feveral late proceedings of adminiftration with regard to the colonies, are real griev ances, and juft caufes of complaint; and, we cannot, in honour, or in confcience, confent to an addrefs which commends the temper by which proceedings, fo very intemperate, have been carried on; nor can we perfuade ourselves to authorize violent courfes against perfons in the colonies who have refifted authority, without, at the fame time, redreffing the grievances which have given but too much provocation for their behaviour. 4thly. Because we think the loose and general affurances given by the the addrefs, of future redress of grievances, in cafe of fubmiffion, is far from fatisfactory, or at all likely to produce their end, whilst the acts complained of continue unrepealed, or unamend ed, ed, and their authors remain in authority here, because these advifers of all the meafures which have brought on the calamites of this empire, will not be trufted whilft they defend as juft, neceffary, and even indulgent, all the acts complained of as grievances by the Americans; and must, therefore, on their own principles, be bound in future to govern the colonies in the manner which has already produced fuch fatal effects; and we fear that the refufal of this House fo much as to receive, previous to determination (which is the moft offenfive mode of rejection) petitions from the unoffending natives of Great Britain, and the Weft-India islands, affords but a very difcouraging profpect of our obtaining hereafter any petitions at all from thofe whom we have declared actors in rebellion, or abettors of that crime. Lastly, Because the means of enforcing the authority of the British legislature, is confided to perfons of whofe capacity, for that purpose, from abundant experience, we have reason to doubt; and who have hitherto used no effectual means of conciliation or of reducing those who oppofe that authority:-this appears in the conftant failure of all their projects, the infufficiency of all their information, and the difappointment of all the hopes, which they have for feveral years held out to the public. Parliament has never refufed any of their propofals, and yet our af fairs have proceeded daily from bad to worse, until we have been brought, ftep by step, to that state of confufion, and even civil violence, which was the natural refult of these defperate measures. We therefore protest against an address amounting to a declaration of war, which is founded on no proper parliamentry information; which was introdu ced |