Lord North. Mr. Dow defwell. LORD NORTH faid, the Judges were paid by the Crown; that their falaries were to accrue out of the duties chargeable on the tea. Mr. DOWDESWELL faid, he was unwilling to let the day pafs without fome obfervations on the Bill, as it was brought in upon a different plan to what it was moved. He obferved, that Government had now received fufficient advice for regudating their conduct, and coming to fome decifion about what was proper to be done; but he observed, the further they went the worse they were; that the House had now a Bill before them, which was calculated to deftroy the charter of the province of Maffachufet's Bay; that, if indeed we were now to make a new charter for governing and regulating the number of emigrants that are daily going to America, we should, perhaps, make it in a different manner, and fuit it more properly to the difpofition of the times; but I wifh, fays he, to fee no new charter granted. The Americans have laboured with an unwearied industry, and flourished for near fourfcore years under that democratic charter; they have increafed their poffeffions, and improved their lands to a pitch we could not expect, and we have reaped the benefit of their labour, yet you are now going to destroy that very charter which has fubfifted to the mutual benefit of both this country and America; the charter which they have breathes a fpirit of liberty fuperior to any thing either of the former or prefent times. It was granted in King William's time, and is more adopted to the fpirit of a free people, than any charter that can poffibly be framed by any Minifter now; but, I hope, before this Bill paffes, that you will, at least, recollect yourselves in a cool, difpaffionate manner, and look upon Americans as your children, and call them by whatever name you will, rebellious or difobedient, you will confider at the fame time, that they are forward children, that there are alfo peevith parents, and that the ill humour and difpofition of a child is oftentimes brought about by the petulant obftinacy of a foolish parent. The ridiculous doctrine that parents are apt to inftil into their children, of "you fhall do it-you fhall do it," is oftentimes the means of enforcing the fame difpofition in the child, of " I won't." I hate that abfurd obftinacy, of "you fhall,” and I « won't," between parent and child. You are not now contending for a point of honor, you are ftruggling to obtain a most ridiculous fuperiority, to which I hardly know a name bad enough to ftamp it with. The regulations which you are going to enact, will be fo inadequate and fo improper a remedy, that in my opinion it would be better to give up the whole, than correct in such a violent and imprudent manner; let me at least advise temper in your proceedings, and that whatever is done, it may not be effected with rigour and feverity. Mr. POWNAL rofe to give the Houfe an account of the Mr.Pownal mode in which juries were chofen in America; the House at firft did not much attend, but his great and extensive knowledge in American affairs, foon drew that attention to what he faid, which his abilities so justly deferved. He gave an account in what manner the counsel were chofen heretofore; that they were elected by the whole Legislature, and not (as had been mistakenly represented) by the people at large; that the Select Men were a kind of Aldermen, much the fame as those in corporations in England; that about forty were chosen in each town, after which the remaining ones were generally appointed as perfons proper to ferve upon juries, from which five or fix people were taken, as occafion required; that the grand juries were ftruck off from capital men, who were appointed for that purpose. He faid "great inconvenience would arife from the town meetings not being held without the consent of the Governor; that all business of a municipal nature was done at a town meeting; that these towns were, in many places, 300 miles from the capital, and that business must stand still in many inftances, in these towns, till the Governor's confent could be obtained. He concluded with making a motion for the laws of the province of Maffachufets Bay, as far as related to the prefent Bill, to be laid before that House." The Bill was then read a first time, and ordered to be read a fecond time on the 22d. Mr. Dowdeswell moved, that the Bill might be printed, which was agreed to. The Houfe then refolved itself into a Committee, to confider further on his Majefty's meffage, and the American papers. Sir Charles Whitworth in the chair. The papers which he had that day prefented, were then read. When the reading of thefe papers was finished, LORD NORTH arose, and faid, he meant now to propofe Lord North. a third Bill, which he hoped would effectually fecure the province of Maffachufet's Bay from future disturbances. The Bill that he meant to propofe was, to give every man a fair and impartial trial; that the juries of that country, it was true, were not established after the manner in which our juries here are, and therefore were not fo likely to give to each offender that impartial trial, which, by the laws of this country, he ought to be entitled to; for if it fhall be found in that country, that a man is not likely to meet with a fair and impartial trial, the Governor will be impowered to fend him to any of the other Colonies, where the fame kind of spirit has not prevailed; but if it fhall be thought that he cannot have such fair and imparVOL. VII. tial tial trial in any of the Colonies, in that cafe he is to be sent to Great Britain to be tried before the Court of King's Bench, the expences of which trial were to be drawn for on the Cuftoms in England. Unless such a Bill as this now propofed fhould pass into a law, the executive power will be unwilling to act, thinking they will not have a fair trial without it. I would not, fays his Lordfhip, wifh to fee the least doubt or imperfection remain in the plan which we have adopted; if there does, the confequence may be that it may produce bloodfhed. That the whole plan be clear and decifive; that every part of it may be properly fupported; and I truft that fuch a measure as this, which we have now taken, will fhew to that country, that this nation is roused to defend their rights, and protect the fecurity of peace in its Colonies; and when roufed, that the measures which they take are not cruel nor vindictive, but neceffary and efficacious. Temporary diftrefs requires temporary relief; I fhall therefore only propofe this Bill for the limited time of three or four years. We must consider, that every thing that we have that is valuable to us is now at ftake; and the queftion is very fhortly this: Whether they fhall continue the fubjects of Great Britain, or not. This I propofe as the last measure that Parliament will take; after which, it requires, that his Majefty's fervants shall be vigilant in the execution of their duty, and keep a watchful eye over every encroachment against the power we shall now pafs, and not fuffer the leaft degree of difobedience to our measures to take place in that country. Such a watchful and careful eye to prevent the first rife of difobedience, may be a fure preventive against future confequential mifchiefs. The ufual and customary relief of troops that is ordered for that country, is ordered, in the first place, to Bofton, four regiments being the ufual relief. Governor Hutchinfon comes home, and his Majefty has appointed General Gage as Commander and Governor in Chief; a man whofe great abilities, and extenfive knowledge of that country, will give him a fuperior advantage, and his occafional refidence there will prevent him from thewing any impolitic partiality to the Americans, and thereby enforce a due obfervance to thofe measures which we have taken, and shall send out. There is one thing I much with, which is, the punishment of those individuals who have been the ringleaders and forerunners of thefe mifchiefs. Our attention will be continually active in that point. A profecution has been already ordered againft them by his Majesty's Servants, but I cannot promise myself any very good effect until this law fhall have reached the province. We muft particularly guard against any illegal or ineffectual proceedings, or elfe, after all our our trouble, we fhall find ourselves at last in the fame dilemma we were in at firft. We muft obferve a perfect innocence, and a confcientious avoidance of the breach of any laws. His Majesty's Servants, I make no doubt, will be thoroughly watchful against fuch breach, nor will they at any time proceed upon flight grounds. They have the happiness to be affifted by the ableft lawyers, who have both great refolution and abili ties; and guarded by fuch outlines, I make no doubt, that that fpirit of difobedience, which has hitherto unfortunately prevailed, will be tempered and brought to reason by a due obfervance of those measures which we have now taken, and, I trust, will fecure to us the bleffings of peace, radicated out of the boiling disturbances and violent spirit of oppofition in that country. When those measures are purfued with that refolution, and those abilities which I have mentioned, I doubt not the event will be advantageous and happy to this country. I have no more, Sir, fays his Lordship, to add, but with permiffion will make the motion, "That the Chairman be directed to move the House, that leave be given to bring in a Bill for the impartial Administration of Justice, in the Cafes of Perfons queftioned for any Acts done by them in the Execution of the Laws, or for the Suppreffion of the Riots and Tumults in the Province of Maffachufets Bay, in New England." COLONEL BARRE-I rife with great unwillingness to op- Col. Barre. pose this measure in its very infancy, before its features are well formed, or to claim that attention which this House seems to bestow with so much reluctance on any arguments in behalf of America. But I must call you to witnefs, that I have been hitherto filent, or acquiefcing, to an unexpected degree of moderation. While your proceedings, fevere as they were, had the least colour of foundation in justice, I defifted from oppofing them; nay more-though your Bill for stopping up the Port of Bofton contained in it many things moft cruel, unwarrantable, and unjust, yet as they were couched under those general principles of justice, retribution for injury, and compenfation for loss sustained, I not only defifted from oppofing, but affented to its paffing. The Bill was a bad way of doing what was right; but still it was doing what was right. I would not therefore, by oppofing it, feem to countenance thofe violences which had been committed abroad; and of which no man disapproves more than I do. Upon the prefent queftion I am totally unprepared. The motion itself bears no fort of resemblance to what was formerly announced. The noble Lord and his friends have had every advantage of preparation. They have reconnoitred the field, and chofen their ground. To attack them in these circum ftances ftances may, perhaps, favour more of the gallantry of a foldier than of the wisdom of the fenator. But, Sir, the propofition is fo glaring; fo unprecedented in any former proceedings of Parliament; fo unwarranted by any delay, denial, or perverfion of justice in America; so big with mifery and oppreffion to that country, and with danger to this---that the first blush of it is fufficient to alarm and rouse me to oppofition." It is propofed to ftigmatize a whole people as perfecutors of innocence, and men incapable of doing juftice; yet you have not a fingle fact on which to ground that imputation. I expect the noble Lord would have fupported this motion by producing inftances of the officers of Government in America having been profecuted with unremitting vengeance, and brought to cruel and difhonorable deaths by the violence and injuftice of American juries. But he has not produced one fuch inftance; and I will tell you more, Sir---he cannot produce one. The inftances which have happened are directly in the teeth of his propofition. Captain Preston and the foldiers, who fhed the blood of the people, were fairly tried, and fully acquitted. It was an American jury, a New England jury, a Boston jury, which tried and acquitted them. Captain Preston has, under his hand, publickly declared, that the inhabitants of the very town in which their fellow-citizens had been facrificed, were his advocates and defenders. Is this the return you make them? Is this the encouragement you give them to persevere in fo laudable a spirit of justice and moderation? When a Commiffioner of the Cuftoms, aided by a number of ruffians, affaulted the celebrated Mr. Otis in the midst of the town of Boston, and with the most barbarous violence almost murdered him, did the mob, which is faid to rule that town, take vengeance on the perpetrators of this inhuman outrage against a person who is fuppofed to be their demagogue? No, Sir, the law tried them; the law gave heavy damages against them; which the irreparably injured Mr. Otis moft generously forgave upon an acknowledgement of the offence. Can you expect any more fuch inftances of magnanimity under the principle of the Bill now propofed? But the noble Lord fays, "We must now fhew the Americans that we will no longer fit quiet under their infults." Sir, I am forry to say that this is declamation, unbecoming the character and place of him who utters it. In what moment have you been quiet? Has not your Government for many years paft been a series of irritating and offenfive measures, without policy, principle, or moderation? Have not your troops and your fhips made a vain and infulting parade in their streets and |