be adopted. Is it not fundamentally unjust to prevent the parties who have offended being heard in their defence? Juftice, Sir, is not to be measured by geographical lines nor diftance. Every man, Sir, is authorised to be a magiftrate, to put a stop to disturbances which he perceives to be committed against his majesty's peace; but did you expect that the people who were not prefent at fuch disturbances, should be equally punished for not aiding and affifting in putting an end to thofe riots which they never faw or heard of This Sir, fays he, is furely a doctrine of devils, to require men to be prefent in every part of America wherever a riot happens; but this bill involves thofe who have never in the leaft been guilty; and then you again fay, that the difturbances which did happen, ought to have been immediately put a stop to by the people of Bofton, and that they were bound to preferve the good order of the town; but, Sir, I have too much reverence for the image of God to conceive that the honourable gentleman (Mr. Welbore Ellis) does really and truly imbibe fuch doctrine. (He then read part of colonel Leslie's letter, No 45, wherein the colonel faid, that neither the governor nor the council nor any of the Custom-Houfe officers, have ever yet applied to me for any affiftance; if they had, I could moft certainly have put a stop to all their riot and violences, but not without fome bloodfhed, and firing upon their town, and killing many innocent people.) Why, fir, fays he, did not the governor at once fend for this affiftance? Was it contrary to, or do you think he would have broken through his inftructions if he had endeavoured, by fuch ways and means, to preferve the public peace, and prevent violences from being committed? The fault of this governor ought not to be the means of punishment for the innocent. You have found that there was no government there: why did not the governor exercife his authority? Why did not the hips execute their duty? What was the reason they did not act? Why is not Mr. Hancock, and the chief people who are known, punished, and not involve the innocent with the guilty in one univerfal calamity? You, furely, Sir, cannot have power to take away the trade of a port, and call it privilege! Why

was not your force that was prefent applied to quell the difturbances? How came they to be fo feeble and inactive? How are you fure that the orders and frigates which you now fend, will act better? I cannot think this, by any means, a prudent measure, to be blocking up one port after another; the confequence will be dreadful, and I am afraid deftructive; you will draw a foreign force upon you, perhaps, at a time when you little fufpect it; I will not fay where that will end; I will be filent on that head, and go no further, but think of the confequence. Again, Sir, in one of the claufes of the bill you profcribe the property of the people, to be governed and measured by the will of the crown. This is a ruinous and dangerous principle to adopt. There is an univerfal difcontent throughout all America, from an internal bad government. There are but two ways to govern America, either to make it fubfervient to all your laws, or to let it govern itself by its own internal policy. I abhor the measure of taxation where it is only for a quarrel, and not for a revenue; a measure that is teazing and irritating without any good effect; but a revision of this question will one day or other come, wherein I hope to give my opinion. But this is the day that you wish to go to war with all America, in order to conciliate that country to this; and to fay that America fhall be obedient to all the laws of this country. I wish to fee a new regulation and a plan of a new legiflation in that country, not founded upon your laws and ftatutes here, but grounded upon the vital principles of English liberty.

Mr. Sawbridge faid, the offence of burning the tea, was done in the night time, and not tempore diurno; that this was an ex poft facto law, and like the law of the Black Act, which had been mentioned, before the offence was committed; that as far as that, or any other precedent participated of this law, fo far they were moft iniquitous; that it was an act of cowardice in the minifter to come to parliament to ask for that which had been allowed, and was in the power of the crown to order and direct; he meant, he faid, the removal of the Cuftom-Houfe officers, and other things mentioned in that act, the preservation of the peace, and the executive autho

rity in that country. All these might have been done by the crown, without applying to parliament, but that the minister was timorous of proceeding himfelf, and wanted to fkulk behind the protection of the legiflature.

Lord North faid, he rofe to explain himself, and was forry to commit an offence to the House at that hour of the night, and especially as it would be to the difturbance of the neighbourhood who are totally innocent; (alluding to the charge that had been made by Mr. Sawbridge, that the innocent people in the town of Boston would fuffer equally with the offenders) nor am I, fir, alhamed, fays his lordfhip, at any time, to take shelter under the legiflature. The honourable gentleman fays, the minifter might do certain things, which are to be enacted in that bill, without application to parliament; fuch as changing the Custom House officers, ordering the peace to be preferved, and a better regulation of internal government to take place; but that they could not block up a port, or make it illegal for the landing, lading, and fhipping of goods in any place heretofore granted, without the aid of parliament. I will not undertake to fay, what will be the confequence or event of this meafure; I am ftrongly of opinion it will be falutary and effective, but I will fay, that it was not in the power of the minifter to fit ftill, and take no measure. I believe, fir, that no profecution in that country, according to its prefent form of government, will be effectual. I was therefore much for adopting the measure proposed. It certainly may be right to direct a prosecution against thofe individuals who may be found offenders, but can the honourable gentleman be of opinion, from what he has feen and read from the papers on the table, that any obedience will be paid to fuch a profecution, or that it will be in the leaft degree effective? This measure will certainly not excufe the individual offenders, no more than the fine upon a county, between fun and fun, will excufe the person who committed the robbery. This is no ex poft facto law; they committed the offence of destroying the tea, knowing and declaring, at the fame time, the law which they offended againft. The committee of Bofton, fir, gave the directions for the deftruction

of the tea, and have declared their juftification of resistance to the obedience, of our laws. Yet we are defired to hear them; to hear those very persons who have declared to you, and to all the world, that they intended this violence against the law; therefore, it is faid, fir, by fome honourable gentlemen in this House, that we ought not to proceed in this measure, till we have heard thefe very people, who are the great offenders, fay at your bar, in their defence, that Great-Britain has no authority to tax them; they can make no other plea; they can make no other declaration than what they have already done; but, fir, we muit adopt the meafure, let what will be the confequence. I hope and conclude it will be a happy one. Is this then the best measure in the prefent cafe? It certainly is; I hear of none other or preferable, or I would adopt it. It is to tell America, that you are in earneft. If we do not mean totally to give up the matter in question, we muft affert our right at this time, while we can, whilft it is in our power. Inftead of our treating America like a foreign enemy, America has treated us like one, difavowing our authority, and declaring againft all obedience to the laws of Great-Britain. We are threatened again, by one honourable gentleman, left a foreign enemy should, in this emergency, ftart up,-he ftopped short, and faid, he would fay no more upon that head. I fuppofe he meant, that this foreign enemy would lay hold of America during our conteft. Time of peace, fir, is the only feafon for adopting regulations. This is the crifis then in which that contest ought to be determined. Another honourable friend of mine is for repealing the tea duty. I am of opinion, fir, that the repealing any measure whatever, at this moment, would ftamp us with a degree of timidity, and would produce a total different effect from what I expect this measure will do.

Governor Johnstone. It may appear arrogant in a member fo inferior, as I confefs myself to be, to offer objections to a bill fo extenfive in its confequences under every confideration, especially after it must have been fo maturely confidered, in every article, by men fodiftinguished by their talents and high fituations in office. Nevertheless, though naturally

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verning, rewards and punishments, are taken from your fupreme executive magiftrate in every fenfe, and then you are furprized that all order and obedience fhould ceafe. The colonies can only be governed by their affemblies, as England by the Houfe of Commons; the patent offices, as well as thofe in the customs, which were formerly given at the recommendation of the governors, to men fupporting government, and refiding in the provinces, are now given in reverfion three or four lives deep, to men living in this country. The command of the military, which was another great fource of respect and obedience, is likewife taken from the governor; fo that in truth he remains an infignificant pageant of ftate, fit only to tranfmit tedious accounts of his own ridiculous fituation; or, like a doctor of the Sorbonne, to debate with his affembly about abftract doctrines in government.

which is diftilled at Bofton, the whole Guinea trade will be affected, and in confequence the fugar trade that depends upon it. In extending this kind of punishment to the other colonies, every one mult fee the danger; and yet, if it can be approved for one, the fame arguments will hold good to approve or reject it refpecting the other. But let any man figure to himself the confequences to his country, if a fimilar punishment was applied to the colony of Virginia; 300,000l. a year diminution in revenue, befides the lofs of all the foreign contracts, and perhaps of that beneficial trade for ever. Notwithftanding the general approbation which has been given to this bill, and the loud applaufes which have been re-echoed to every word of the noble lord in explaining it, yet no man will be bold enough to fay, that this partial punishment is a remedy for the general difeafe; and yet without knowing what is to follow, no man can be vindicated (even fuppofing the bill right in part) for giving his affent to it. Thofe gentlemen who are in the fecrets of the cabinet, and know how affuredly every propofition from them is adopted by this House, may be excufed for their fanguine acclamations in favour of the meafure. But the general mafs, who must be equally ignorant with myself of what is to follow, can have no excufe for giving their affent fo readily for punifhing their fellow-fubjects in fo unprecedented a manner; and their eager zeal ferves only to fhew how ready they are to obey the will of another, without exercifing their own judgment in the cafe. If the government of this country is refifted in America, my opinion is, inftead of removing the feat of government in the colony, and forcing the elements to bend to our will, which is impoffible, that an effectual force fhould be carried to the heart of the colony refifting, to cruth rebellion in the bud before a general confederacy can be formed. In the prefent cafe we abandon the government, and drive the inhabitants to difpair, leaving the multitude a prey to any ambitious spirit that may arife. For my, own part I am convinced, from experience in the colonies, that good government may be conducted there upon rational grounds, as well as in this counbut the power and means of go

try;

I am far from wishing to throw any blame upon governor Hutchinfon, or to condemn him, as the town of Boston, now is, unheard. The abfence of the man, and the general clamour against him will reftrain me from faying many things refpecting his conduct, which appear reprehenfible. But I cannot admit a paffage in the fpeech of a noble lord to pafs unnoticed. His lordship alledges, that the governor could not apply to the admiral in the harbour, or

to

the commanding officer of the troops in the caftle, for the protection of of the Custom House officers, as well as the teas in question, without the advice of his council." But I beg leave to inform the noble lord, as I ferved in that ftation myself, that there is a volume of inftructions to every governor on this fubject, whereby he is command. ed, under the fevereft penalties, “to give all kind of protection to trade and commerce, as well as to the officers of his majefty's cultoms, by his own authority, without the neceffity of acting through his council." Nor can I conceive a poffible excufe for the deftruction of thofe teas, while two men of war lay in the harbour, without the leaft application having been made to the admiral for protection, during fo long a tranfaction.

The firft effential point in those difputes which are now likely to become fo ferious, by the weakness of adminiftra

tion

tion in this country in following no conpected plan, either of force or favour, but conftantly vibrating between the two, is to put ourselves in the right, and for this purpose I would recommend the immediate repeal of the tea duty, which can be vindicated upon no principles, either of commerce or policy. Men may alledge this would be giving up the point. But if we have no better points to difpute upon, I am ready to yield the argument. Raffing taxes in America not for the purposes of revenue, I maintain to be unneceffary and dangerous. A Stamp Act, as a measure of police, varied for the different governments, and leaving the revenue raised thereby to be appropriated by the refpective legiflatures, I hold to be a meafure of the higheft efficacy, for maintaining a due obedience to the authority of this country, and prolonging that dependence for ages to come. How far it can be executed after what has already paffed, I am rather diffident; but of this I am certain, that in cafe GreatBritain is deprived of executing a meafure of that nature, which by pervading every transaction fecures the execution in itself, he has loft one of the greatest engines for fupporting her influence throughout the empire without oppreffion. Some men who are for fimplifying government to their own comprehenfions will not allow they can conceive that the fupreme legiflative authority fhall not be paramount in all things; and taxation being fully comprehended in legiflation, they argue, that the power of the one must neceffarily follow that of the other; and yet we find mankind poffeffed of privileges which are not to be violated in the most arbitrary countries. The province of Languedoc is a ftriking example in refutation of the doctrines refpecting taxation, which are held by fuch narrow obfervers. The kingdom of Ireland is another instance in our own dominions. There is not one argument which can apply for exempting Ireland from taxation by the parliament of Great-Gritain, that does not equally protect the colonies from the power of fuch partial judges. Every man fhould now call to his remembrance by what obstinate infatuation Philip II. came to lofe the United Provinces. Can it be fuppofed, that in a nation fo wife as Spain was at that time, no man

perceived the injuftice and futility of the measure in difpute? But I can eafily fuppofe, from the pride of authority where our vanity is fo much flattered, that no man durft venture a propofition for receding from that cruel measure, after it had been refifted by violence. These are the general heads.

The particular objections to the bill are, first, for continuing the punishment "until fatisfaction fhall be made to the India company," without ftating the amount, or what that fatisfaction fhall be. Next, "until peace and good order fhall be certified to be restored," when it is impoffible, as to the subject in difpute, that such certificate can ever be granted, because the Custom-House officers are removed, and all trade and commerce prohibited. The numerous difputes and litigations which must neceffarily arife in carrying this law into execution, on contracts made by parties before they could be apprized of it; and the dispatch of fhips in harbour, under the limited time, without any exception for the desertion of feamen, of wind and weather, is altogether melancholy to confider! The power given to the admiral or chief commander to order the fhips returning from foreign voyages, to fuch stations as he fhall direct, is wild, vexatious, and indefinite. That of permitting his majesty to alter the value of all the property in the town of Bofton, upon reftoring the port, by affixing fuch quays and wharfs as he only shall appoint for landing and fhipping of goods, is liable to fuch mifreprefentation and abufe, that I expect to fee every evil follow the exercise of it, and it must create infinite jealousies and distractions among the people.

I am therefore of opinion, that this bill, both from the principle and manner in which it has been paffed, and from fore-running the general regulations that are intended, and which ought at least to accompany it ; instead of quieting the disturbances in Bofton, will promote them still further, and induce the inhabitants to cut off all communication with your fhips of war, which may be productive of mutual hoftilities, and moft probably will end in a general revolt."

The question was then put, and it was Refolved, that the bill do pass, with this title-" An act to discontinue in

fuch