will hold equally good to the fine propofed by the honourable gentleman, as to the operation of this bill. I hope that we every one feel that it is the conimon caufe of us all, and fuch an unanimity will go half way to their obedience to this bill. The honourable gentleman tells us," that the act will be a waite piece of paper, and that an army will be required to put it in execu tion." The good of this act is, that four or five frigates will do the business without any military force; but if it is neceffary, I fhould not hesitate a moment to enforce a due obedience to the laws of this country. The fituation of the troops in that country has been fuch, that no magiftrate or civil officer of the peace has been willing to call forth their ftrength on proper occafions; it will become us to find out fome method whereby the military force may act with effect, and without bloodfhed, in endeavouring to fupport and maintain the authority of Great Britain; but I hope that this aft will not, in any shape, require a military force to put it in execution; the rest of the colonies will not take fire at the proper punishment inflicted on those who have difobeyed your authority; we shall then be nearly in a fituation-all lenient measures will be at an end if they do; but if we exert ourselves now with firmness and intrepidity, it is the more likely they will fubmit to our authority. If the confequences of their not obeying this act are likely to produce rebellion, that confequence belongs to them, and not to us; it is not what we have brought on, but what they alone have occafioned; we are only answerable that our meafures are just and equitable. Let us continue to proceed with firmnefs, juftice, and refolution; which, if purfued, will certainly produce that due obedience and refpect to the laws of this country, and the fecurity of the trade of its people, which I fo ardently with for. Mr. Gafcoigne. Will gentlemen confider what fort of acts of affembly the Bostonians have lately paffed? They have fent over one law, to be approved of by his majefty, for the railing and purchafing twelve pieces of brafs cannon; thefe, he said, were to be produced against the prefent propofition of amendment. Do thefe proceedings look with a peaceable eye? It is not the acts of tarring and feathering only that fhew their difpleasure to perfons who have of fended them; they have other modes of punishment which they make use of by way of argument and reafon; the house of any perfon with whom they are difpleafed, they immediately daub over with excrement and tar, by which means the whole family is obliged to quit it. That the bill before them he apprehended, would bring thefe tarring and feathering cafuitts to a little better reafon; nor did he imagine that a military force would be in the leaft neceffary; that as their meetings were chiefly made up of merchants, the prefcribing limitations to their trade would be the only way to bring fuch merchants to their fenfes. Mr. Montague (fecond fon of Lord Sandwich) expatiated much on the load of debt which this country had incurred on obtaining America in Germany; that we had fpilt the dearest and best blood we had in the attainment of it; that it had been the refult and deliberation of our councils to obtain the poffeffion of it by any means, and at any rifque whatsoever; that it had been the darling object of this country, ever fince we poffeffed it, to cherish and nourish it as the main prop and fupport of the constitutional body of Great Britain; that after all these struggles for the poffeffion of fuch a jewel in the crown of this country, it would be madness, and folly to the laft extremity, were we not to pursue the most determined conduct to preferve it hereafter; the giving up that gem which we have fo carefully and fo diligently polished, or neglecting to enforce that due obedience, would be as it were an actual furrender of all our right and claim. He faid that the diforders abroad had entirely been owing to our weak councils at home, and condemned much the tame, unmanly proceedings of government toward the Americans. Thofe acts of the Americans call now loudly for that power, and that interpofition which has been fo long, and with fo much danger to this country withheld. The bill before them, he faid, would operate as a restorative and palliative; but if the amendment was adopted, it would indeed produce a punishment, the fting of which Great-Britain would in fome measure feel. He concluded with giving his hearty approbation to the bill now before the Houfe, as it bore C on its face those distinguishing lines to be understood in that light, as only which ought to be the true characteristic to fhew that the threats of Bofton, at of every British miniiter, moderation that time, in not paying their debts unand courage. lefs the Stamp Act was repealed, were not always to be depended upon. Mr. Byng faid, that the bill would effectually put an end to all importation of British goods at Bolton, and thus, befides materially injuring our exports, it would give rife to that very affociation amongst the Americans which we have hitherto fo cautiously endeavoured to annihilate and deftroy. This was not to punish the Bostonians, but the English merchants; men who would, in a body, unite in petitioning the Houfe, were they not confident that their petition would be difregarded. He concluded, by declaring himself against both the propofed amendment and the bill itfelf; but if an act of the kind muft pafs, he fhould propofe that, after the claufe prohibiting the Boftonians from importing goods, the words, " except of Bri tith merchants," be inserted. Mr. Stanley faid, that the place where trade and merchandize could not be landed in fafety was not a port, it was therefore proper that fome other. port fhould be found out, where the subjects of this country might land their merchandize in fafety. Mr. Dempfter faid, that he knew of no act to which he gave his hearty confent in a more willing manner, than to that which was for the repeal of the Stamp Act. He said, our disorders had arifen from our attempts to tax the Americans by that odious Stamp Act; and he was very fure the deftruction of America would be certain, if we should offer to tax it. Have we not given an extent of power to his majefty, to prevent the port of Bofton from ever being reinftated, if the king fhould think proper? What limit or line is drawn, to define when it will be proper, right, and juft, that the port of Bolton fhould be reinstated? He faid, the dignity of liament was by no means concerned in the difputes with our colonies; that we fhould treat them as our children, nourifh and protect them. par Lord North arofe to explain himself. When he mentioned the threats of Bofton were not to be depended upon at the repeal of the Stamp Act, (he faid) he did not mean to rip up wantonly, and ithout occafion, the mention of the re the Stamp A&t; that he begged Mr. Ward approved of this bill, because there was no other resource left: but he difagreed to the amendment. Mr. Jenkinson much commended the measure of the Stamp Act. What (fays he) is to become of all your trade, if the proceedings of the Boftonians are to become a precedent to the rest of the colonies? We have gone into a very expenfive war for the attainment of America; the ftruggle we shall now have to keep it, will be but of little expence. General Conway obferved in favour of the bill, that he was happy in the mode of punishment adopted by it, but difclaimed a wifh to recall paft measures; he acknowledged himself to have voted for the repeal of the Stamp Act: he was not ashamed of the part he took in the bufinefs nor did he believe that the prefent diforders were occafioned by repeal of that act. The debate ended, and the blanks were filled up in the bill. The bill was then read, and when the queftion was put on the claufe which "vefts the power in the crown to reftore the port-” Mr. C. Fox faid he fhould give his negative, as it was trufting the crown with that power which parliament were afraid to truft themselves with, and if he did not fucceed in his negative to this claufe, he fhould object to the claufe following, which feemed to militate against the measure adopted in this, as a reftraint was there laid upon the crown, untill the India company had fatisfaction. This bill he faid, was calculated for three purposes, the first for fecuring the trade, the fecond for punishing the Boftonians, and the third for fatisfaction to the East India company. He said, the first claufe did not give a true and exact diftinction by what means, and at what period the crown was to exercife that power vested in it; he thought that application for relief fhould come to parliament only, and that the power of fuch relief fhould not be lodged in the crown. The quarrel was with parliament, and parliament was the proper power to end it; not that, fays he (in a fneer) there is any reason to diftrust his majesty's minifters, that they will not reftore the port when it fhall be proper, but I want to hear the reason why this clause should be fo left in the judgment of the crown, and the next claufe fhould be particularly granted, with fuch a guard upon his majefty, to prevent him from reftoring the port, until the Eaft India company fhall be fully fatisfied. Mr. Phipps contended that nothing was fo proper, as to allow the crown that power which always had been attributed to it, that of Mercy; his majesty cannot deprive the people of a port without the leave of parliament, but he may certainly give one; as to the power being lodged in the crown, of reftoring the port upon proper contrition, is it highly proper, and not in parliament, for parliament may not be fitting at the time when the trade of Bofton ought to be restored; that power which has a right to give a port, has alfo a power of appointing quays and wharfs; if the power was not lodged in the crown, quays and wharfs might be made at places totally inconvenient to the Cuftom House officers, and thereby prevent the collection of his majesty's revenues. Lord North faid, that the teft of the Bostonians will not be the indemnification of the Eaft-India company alone; it will remain in the breast of the king not to restore the port until peace and obedience fhall be obferved in the port of Bofton. I am ready to admit a claufe to fecure those wharfs and quays which are now in ufe, to be the fame when the port is restored. He obferved, he had been charged with changing his opinion, fo that the declaration which he had made, tended chiefly to the punishment of the Bostonians, and that the bill particularly adhered to the views of making the India company fatisfaction. He believed the Houfe would do him the juftice to fay, that he had declared both those measures to be his intention, at the first setting out of the business, as well as to reftore the trade to a proper footing; that he hoped he had never deviated from them, notwithstanding what the honourable gentleman (Mr. Fox) had charged him with; that he fhould never be afhamed, at any time, to give up his opinion upon good grounds; it would be the height of obftinacy not to do it, when he saw any good reafons to guide his opinion, to better judg ment. Mr. Van agreed to the flagitiousness of the offence in the Americans, and therefore was of opinion, that the town of Boston ought to be knocked about their ears, and deftroyed-" delenda eft Carthago." Says he, I am of opinion, you will never meet with that proper obedience to the laws of this country, until you have deftroyed that neft of locufts. Colonel Barre faid, he had very little thoughts of troubling the committee upon this claufe, but for an expreffion which fell from an honourable gentleman under the gallery, delenda eft Carthago. I fhould not have rofe, fays he, had it not been for those words. The bill before you is the firft vengeful step that you have taken. We ought to go coolly to this bufinefs, and not trouble our heads with who paffed, or who repealed the Stamp Act, or other taxes. We are to proceed rebus fic talibus. I hate the word fine: it is a tax, and as long as I fit here among you I will oppose the taxing of America. This bill, I am afraid, draws in the fatal doctrine of fubmitting to taxation; it is also a doubt, by this bill, whether the port is to be restored to its full extent. Keep your hands out of the pockets of the Americans, and they will be obedient fubjects. I have not a doubt, but a very fmall part of our ftrength will, at any time, overpower them. I think this bill a moderate one; but I augur that the next propofition will be a black one. You have not a loom nor an anvil but what is ftamped with America; it is the main prop of your trade. Parliament may fancy that they have rights in theory, which they can never reduce to practice. America employs all your workmen here; nourish and protect it, that they may be fupported. The claufes objected to paffed in the affirmative without any divifion but one or two negatives. The committee broke up, and the bill was reported that night, and ordered to be engroffed. Friday, March 25. Mr. Bollan offered to prefent a petition to the Houfe on behalf of the council of the province of Maffachufett's Bay, for whom he was agent, and on behalf of himfelf and the other inhabi tants tants of the town of Bofton. But on the queftion being put, that the faid petition be brought up, it paffed in the negative. The Lord Mayor of the city of London then prefented a petition of feveral Natives and Inhabitants of North America to the House. (See p. 181 cf Apr. Magazine.) The petition being read, and ordered to lie upon the table-the Bofton bill was read a third time, and upon the queftion," that this bill do país." Mr. C. Fox faid, he got up only to make a motion to leave out the two claufes, which in the committee he had objected to. The Speaker defired to know if any amendment was intended to be made before he put the question, as fuch amendment would then more properly come in. Mr. Cowper propofed a small amend ment of inferting after the words November, December, and January, the word "laft." The queftion was then put, that those words that were read, down to the amendment, from the beginning of the claufe, fhould stand part of the bill; it paffed in the affirmative without a diffenting word. Mr. Fox made the fame objection to the words of the other claufe, which alfo paffed in the affirmative, with only two negatives; he faid, he did it, in order that it might appear on the journals that fomebody did object to them. The queftion," that this bill do pafs," being put again, Mr. Dowdeswell faid, he rofe to give his diffent to paffing the fame into a law; that he had not the leaft degree of timidity in rifing to oppofe it; that he always thought the propofition totally unjuft and unfair. "By the bill, a perion is to understand, that the commerce of all his majesty's fubjects is in terrupted. I cannot give my affent to it, until I hear the complaints from the different manufacturers of iron, leather, wool, &c. and the merchants of this country, which complaints, I imagine, the hurry of paffing this bill totally prevents. It is not, that any other goods are interrupted in the port of Bofton but those which are charged with a duty from hence. Look to the confequences of this bill: you are contending for a matter which the Bostonians will · not give you up quietly. I remember when it was held as a doctaine in this House by persons of great and extenfive knowledge, that we had no right to tax America, There is now no fuch opinion; the queftion was then, Whether with the profits which we received from all our manufactures exported hence, it would be a wife measure to tax America.' What is the reason, fays he, that you fingle out Bolton for your particular refentment? Have there been no other towns in America which have difobeyed your orders? Has not Philadelphia, New York, and feveral other provinces, fent back their tea? Has not the Eaft India company fuffered nearly as much damage from the tea being fent back, as indeed where they have landed it? Charles-Town is the only place where they have fuffered the tea to be landed; and what have they done? they have put it into a damp cellar, and the whole has become rotten and ufelefs. You find yourfelves much at a loss about this bill, and are much hurt, becaufe the innocent are likely to be involved in the fame punishment with the guilty. You are now going to cenfure them, in the fame manner as was done in the cafe of Edinburgh and Glasgow, where the people at large were to fuffer for the neglect of their magistrates. There is a great difference between the magistrates of Edinburgh and thofe of Bolton; thofe at Edinburgh are chofen by the people, thofe at Bolton are not; they are appointed by the council, and the council are elected by the province at large. You are going to appoint a new port, where there are neither fufficient wharfs, quays, or warehouses for carrying on bufinefs. You hereby punifh the British merchants much more feverely than the people of Boston. The folly and childiflinefs of carrying on fuch a project is certainly very evident. All that you have effected, is to carry your merchandize 17 miles farther from the town of Boston, so that the Bostonians fhall be obliged to be at an additional expence in conveying their merchandize from the port of Salem by land. You afk why the Americans don't pay their debts; if you ftop the exports, you will of courfe ftop the payment of those debts. Now, Sir, fays he, let us confider how this bill is founded upon principles of justice; if parliament continu ally ally paffes bills, fometimes to punish the ferfons, at other times the places, you will, by and by, have your hands fully employed, you will foon inflame all America, and ftir up a contention you will not be able to pacify and quiet. The paffing this bill in a week or fo does not give time to the injured perfons in America to petition this Houfe for redrefs. I rejoice, that you have at leaft had one petition from the natives of America refiding in this country: the language of that petition bears the face of a well wrote, unanswerable argument; it is no common petition, it is the ftrong and pathetic language that tells their own feelings, and thofe of their fellow fubjects in America. I wish to hear fome arguments offered by any gentleman in this houfe, against what is contained in it, for it will be faid both here and in America, that fuch reafons and arguments deserve an answer." Mr. E. Burke.-I trouble you, Sir, in the laft ftage of the bill, because I would not appear petulant when my objections run to the whole of the bill. I never knew any thing that has given me a more heartfelt forrow than the prefent measure. This bill is attempted to be haftened thro' the Houfe in fuch a manner, that I can by no means affent to it; it is to be carried by force and threats into execution; and you have even refused to hear Mr. Bollan, the agent, declaring him to be no agent for Massachusett's Bay, or properly authorised to prefent fuch petition; you have not now one left in England to be heard in behalf of any of the colonies; the only obstruction that this bill has had, has been owing to its own vis inertia; but perfons who oppose this bill, are immediately put to the fame kind of puni ment in the public papers, which offenders in America are. Look, Sir, into the public papers, you will fee Cinna, and a thousand other Roman names, throwing out their invectives, and tarring and feathering all thofe who dare oppose the bill; 1 fuppofe I fhall reap my thare for fuch oppofition; but, Sir, at all events I will enter my reafons and proteft against this bill, and will mount my little palfrey, and fpeak of the injustice which the bill contains, with the greatest confidence. The grievance that is ftated in the papers before you on the table, appears to be an univerfal refiftance from all America against any June, 1774. goods or merchandize that shall be loaded with taxes; (he defired that part of general Haldiman's letter declaring the refolution of the Americans not to fubmit to receive goods with duty upon them, be read; he read the extract he had made, in his place) he faid the whole meeting in the town of Bofton confifted of fix or feven hundred men of the first rank and opulent fortune in the place, that the proceedings were conducted with the utmoft decency. He faid, this was not a meeting of mean perfons, but that the acts of refiftance were all countenanced by univerfal confent. Obferve, fays he, that the disturbances are general: fhew me one port in all America where the goods have been landed and vended; the diftemper is general, but the punishment is local, by way of exchange. Whether it will be effectual or not, I do not know; but, Sir, let me paint to this House the impropriety of a measure like this; it is a remedy of the moft uncertain operation; view but the confequence, and you will repent the measure; give orders at once to your admirals to burn and deftroy the town; that will be both effectual, proper, and moderate, and of a piece with the reft of your proceedings, eventus triftis. One town in profcription, the rest in rebellion, can never be a remedial meafure for general disturbances. Have you confidered, fays he, whether you have troops and fhips fufficient to enforce an univerfal profcription to the trade of the whole continent of America? If you have not, the attempt is childish, and the operation fruitless. Only, Sir, fee the confequence of blocking up one port, for inftance, that of Virginia Bay; which if you do, you will deftroy the tobacco trade, and thereby bring, as it were, a certain ruin on your own merchants at Glasgow and Edinburgh. This bill has been thought a vigorous, but not a rigorous punishment. It is my opinion that you might even punish the individuals who committed the violence, without involving the innocent; I fhould approve much of that; but, Sir, to take away the trade from the town of Bofton, is furely a fevere punifhment. Would it not be a rigorous meafure to take away the trade of the Thames, for inftance, and direct the merchandize to be landed at Gravesend? I call this bill very unjust that is now to Rr be 1 |