ftitution nor the colonifts admit to be true, namely, that the parliament of Britain have a right to impofe taxes, where the people have no reprefentation; and that refiftance to foreign laws is worthy of fevere punishment. That the parliament of Britain has a right to take away what it never had a right to give; namely, a right for men to enjoy the poffeffions which they had purchased from the original proprietors of a country where Britain had no jurifdiction. The equity and juftice which the fpeech fuperficially mentions, are only words without any meaning, unless that justice varies with the climate, and equity changes with the longitude and latitude. For what he fo warmly recommends as just and equitable in Boston, would be accounted lawlefs tyranny in any part of Great Britain.

At this time the friends of the colonies in parliament were divided; one party applauded the prefent measures as lenient and gentle; others continued to ftand upon their old ground, and maintained their conftant principles. In the courfe of the debate in the progrefs of the bill, they feem to have been truer prophets than the minifter; for almost all the events which they foretold have nearly come to pafs, but not one word of his prophecies have been accomplished. Oppofition to this bill encreafed, during the time of the debates. Mr Bolan, agent for the council of Maffachufett's-Bay, prefented a petition, defiring to be heard for the faid council, and in behalf of himfelf and others, the inhabitants in the town of Boston. The house refused to hear the petition. It was faid that the agent of the council was not agent for the corporation, and no agent could be received from a corporate body, except he were appointed by all the neceffary constituent parts of that body. Befides the

council

which he This vote

council was fluctuating, and the body by was appointed could not be then exifting. rejecting the petition was feverely cenfured. It was certainly very inconfiftent to receive a petition from the fame perfon a few days before, and refufe his petition at this time for want of a qualification, they allowed him then to be poffeffed of. What made this rejecting of the petition appear more extraordinary was that at that very time the house of peers was actually hearing Mr Bolan at their bar upon his petition, as a perfon duly qualified. The fame objection might be made to all American agents, none of them were then qualified as the minifter required, and thus all communication between the parliament and the colonies, was then cut off; at the fame time they were making laws to oppress them. It will be difficult for a benevolent citizen of the world, in fome future period of time, to believe that there were fuch measures carried on in a parliament of Great Britain, confifting of men profeffing the proteftant religion, and bearing the Christian name. They will be ready to confider this part of the hiftory of Britain in the light of a fable or romance, contrived by fome ingenious perfon to amufe the reader, without any intention of finding credit, or expecting to be accounted a true hiftorian.

After fome foftening motions had been propofed and rejected, the minister brought in another bill, to which the Boston port act was only a prologue; it was intitled, "A bill for the better regulating the government of the province of Maffachufett's-Bay This bill was intended to alter the conftitution and government of this province, as it flood fettled by the charter of King William, and to take all fhare of government out of the hands of the people, and to veft the nomination of counfellors, judges and magiftrates

of

of all kinds, including fheriffs, in the crown, and in fome cafes in the king's governor, and all to be removeable at the pleasure of the king. This was at at one stroke undermining the ancient government of the colony, and leaving the people no fhare in their own government at all. The fupporters of this bill alledged, that the disorders of the province of Maffachufett's-Bay, not only distracted that province within itself, but fet an ill example to all the colonies. An executive power was wanting. The force of the civil power, it was faid, confifted in the poffe comitatus; but the poffe are the very people who commit the ripts. That there was a total defect in the conftitutional power throughout. If the democratical part fhew a contempt of the laws, how is the governor to enforce them? Magiftrates he cannot appoint; he cannot give an order without feven of the council affenting; and let the military be never fo numerous and active, they cannot move in fupport of the civil magistracy, when no civil magiftrate will call upon them for fupport. It is in vain, it was faid, that you make laws and regulations here, when there are none found to execute them in that country. is therefore become abfolutely neceffary to alter the whole frame of the Maffuchufett's government, so far as it relates to the executive and judical powers. It was alfo affirmed, that the juries were injudiciously chofen, and that fome immediate and permanent remedy ought to be adopted. The bill, which was at laft formed into a law, will teftify upon what principles it was founded. A vigorous, but ineffectual oppofition was made to the paffing of this arbitrary law ;* the court had a strong majority, which was fit to carry every point, and it does not appear that they would would have hesitated at any thing whatfoever.

It

The

The minority, urged, that to take away the civil conftitution of a whole people fecured by charter, the validity of which was not fo much as queftioned at law, upon mere loofe allegations of delinquencies and defects, was a proceeding of a most arbitrary and dangerous nature. They faid it was worfe than the proceedings against the Americans, and English corporations, in the reign of King Charles and King James the fecond, which were, however, accounted the worst acts of thofe arbitrary reigns. At that time. the charge was regularly made; the colonies and corporations called to anfwer; time was given, and the rules of justice, at least in appearance, were observed. But here, they faid, there was nothing of the kind, not fo much as a pretence to the colour of justice; not one evidence had been examined at the bar, a thing done on the moft trifling regulation, affecting the franchise of the fubject. That the pretence of taking away the charter, in order to give ftrength to government, would never answer; for this was firft doing evil, that good might follow. They asked the miniftry, Whether the colonies, which are already regulated nearly upon the plan propofed, were more fubmiffive to our right of taxation, than that of Maffachufett's-Bay? If not, what would be gained by the bill, that can be so very material to the authority of parliament, as to risk all the credit of parliamentary justice, by so strong and irregular a proceeding? That the part of the act which affected juries, was made without fo much as a fingle complaint of abufe pretended, They proceeded further, and affirmed, hat the cafe of the late Captain Preston, Mr Otis, and many others, fhewed with what juftice the juries int that colony acted. They denied that the juries were improperly chofen; that they were appointed by a

.

better

better method than outs, by a fort of ballot in which no partiality could take place. But by the new regulation the fheriff is appointed, with out any qualification, by the governor, and to hold his office at his pleasure. This was a power, they said, given to the governor, greater than that given by the conftitution to the crown itself. This they infifted was a great abuse, instead of reformation; and tended to put the lives and properties of the people abfolutely into the hands of the governors. It was further urged, that the diforder lay much deeper than the forms of government. That the people throughout the colonies were univerfally difatisfied, and that their uneafinefs and refiftance was no lefs in the royal governments than in others. That the remedy could only be in the removal of the caufe of the distemper, and in quieting the minds of the people. That the act had a direct tendency to the contrary; and they feared, that instead of giving ftrength to government, it would destroy the fmall remains of English authority which was left in the colonies

Mr Bolan the agent of the Maffachufett's council, made another effort in behalf of his province, and attempted to petition for time to receive an anfwer from the province, to the account he had fent of the proceeding against them. But the houfe refufed to receive the. petition by a large majority. The fame natives of America, who petitioned against the Bofton Port-bill, again renewed their endeavours, by a petition against this. This petition was written with great fpirit, and in a very warm ftile. and compofed with much judgment, it fet forth the apprehenfions of the petitioners, what would be the effects of this bill in the place where it was intended to operate, and was a true prognoftiG gg

cation