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ting the injury were unknown. If difcovered, the law ought first to be tried. If unknown, what rule of juftice can punish the town for a civil injury committed by perfons not known to belong to them? That the inftances of the cities of London, Edinburgh, and Glasgow, were wholly diffimilar. All thefe towns were regularly heard in their own defence. Their magiftrates were of their own chufing (which is not the cafe of Bofton) and therefore they were more equitably responsible. But in Bofton the King's governor has the power, and had been advised by the council to exert it: if it has been neglected, he alone is an fwerable. They ended by itrongly in fifting on the injustice of the act, and its tendency to alienate the affections of America from this country; and that the attachment of America cannot long furvive the juftice of Great-Britain.

This petition was received; but as no hearing was defired, no particular proceeding was had upon it. In anfwer to the matter it contained, the minifterial fide contended, that if they were to wait to hear, they might wait for ever, as the town would not acknowledge their authority. That even if they thould plead their caufe here, this would fpin out the affair to an unmeasurable length; whereas the trade of England called for immediate and effectual protection. They afked whether the house doubted the exiftence of the offence, or of their own competence to enquire into and to punifh it? That as to leaving Bolton to the mercy of the crown, it was doing it a favour: for where could mercy be better placed than in its legal depofitory, which was always in the breath of the crown? On this the debates were long and vehement. The oppofition contended, that this act was not for the purpose of impofing a fine for an offence; if it had, it would still be liable to all the objections flated in the petition. The option of laying a fine, and proceeding on nonpayment to extremities, had been propofed and rejected by the house. That the bill ftood therefore fimply as a profeription of one of the greatest trading towns in the British dominions from the ufe of their port, and from all the commerce by which more than 20,000 people obtained their bread. That if this profcription was made determinable on any certain or specific act, it might be tolerable But have we not (faid they) given an extent of power to his majesty to prevent the port of Bolton from ever be ing reinflated, if the King should think November, 1775.

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proper? What limit or line is drawn, to define when it may be proper, right, and juft, that the port of Bolton hould be reinstated? It depends wholly on the pleasure of the King, that is of minifters. Was this neceflary, either for punishment of the Boftonians, or for fatisfaction to the Eaft-India company? It could only be made for the purpofe of establishing a precedent of delivering over whole towns and communities to an arbitrary difcretion in the crown. They denied that this was like the cafes in which the mercy of the crown was to take place. That none was at the mercy of the crown, except when the known law, on a fair hearing, condemned to a certain punishment. But in this cafe where was the law, the hearing, or the fixed punishment? They afked what precedent there was for depriving a maritime city of its port, and then leaving them to the mercy of the crown, to reitore the port, or not, at pleasure Precedents had been fhewn of towns that had been fined. They denied that thofe precedents applied to the cafe: and if they had, ftill it was only a fine; the trade of the place went on juft as before. But here, faid they, a fine is laid, the trade is prohibited until it is paid, and when the fine is paid, the city may be as far from recovering her trade as ever. The act provides that the crown muft have fatisfaction, that the laws of trade and revenue fhall be obeyed. There is a fting in this. The act, under pretence of an indemnity to the company, is meant to inforce the fubmiffion to taxes. America will fee this; and the cause of Bofton will be made the cause of all the colonies. They are all as guilty as Boston. Not one has received the tea: fome have deftroyed it, others fent it back. And when Bofton is fingled out as the victim, none there can be fo dull as not to fee, that this election is made to lull them afleep to the confequences of an act, which, on a fubmiffion of one city, must go, one by one, to all the reft; until they are fucceffively delivered over to the arbitrary mercy of the crown? That all this violence and precipitation is for the fake of trade, they could never believe, becaufe no complaint was come from any trader or manufacturer; no not even from the company itself, which was the immediate fufferer. On the contrary, they feared this act would prove deftructive of trade, and the origin of very great troubles.

Thefe and many other objections were made, and firongly urged against the bill, and the debate continued for a long 0000

time

time. However the oppofition did not divide; either chufing not to fhew a difference amongst themselves, and weak numbers; or, as they faid, not to prevent this act from having the utmoft operation its friends could promife themfelves in bringing America to obedience.

The bill paffed the houfe on the 25th of March, and was carried up to the lords, where it was likewife warmly debated, but, as in the commons, without a divifion. It received the royal affent on the 31st of March.

[To be concluded in our next.] Memoirs of Mr. Macklin, the Comedian, [R. MACKLIN, or, according to

Loughlin, was born, if we are rightly informed, in the county of Weft Meath, in the kingdom of Ireland, in the year 1695. That his parents were either remifs in giving him education, or himself in profiting by the opportunity, appears from his literary incapacity at a very advanced period of life. He was a fervant (called a fkull) in Trinity College, Dublin, in the year 1715. That he poffefled a genius, however, if not for letters, at leaft for elocution and action, has been long known to an applauding public. Mr. Macklin, indeed, ftands foremost in the rank of those few veteran performers, who are able to imprefs us with an idea of the chatte and forcible mode of acting, which formerly dignified the ftage. In the character of Shylock, the Jew, in Shakespeare's Merchant of Venice, this great Comedian appears to throw off the actor, and to affume the very man. At leaft this might be faid of him fome years ago, when one of the audience broke into the famous extempore:

This is the Jew That Shakespeare drew: a faying that is now become proverbial, and will probably preferve his reputation for playing that part, after he may deferve to have it confiderably abated. At the fame time it is apparent, that in proportion as his powers fail him, he may, through the flattering infirmities of an advanced age, conceive his talents and abilities increased. Not that this felfdeception is peculiar to Mr. Macklin, but common to the gentlemen of the ftage; who appear to be, of all mankind, the moft incompetent judges of their own capacity. It would be hardly credible that fuch an excellent comedian as Mr. Yates fhould imagine his forte of acting lay in tragedy, did not Mr. Macklin afford the town a molt ridiculous inftance, that full as excellent a comedian made the fame

mistake. Perhaps the reafon for this is, the want of claffical cultivation; the greater part of our theatrical performers, who are abfurdly made the standard of tine fpeaking, being remarkably illiterate. The caufe as well as the confequence of being illiterate, is the want of general reading; which alone can enable perfons to form a juft idea of the turn and extent of their abilities. It seems to have been a very confined acquaintance with literature and science that has prevented a man of Mr. Macklin's ftrong natural genius, and threwd turn for observation on men and things, from making a much more diftinguifhed, or at least a lefs ex

a writer. For it is to be observed, that though this performer begun late to learn to read, he began very early to attempt to write as most certain it is, that he could a very well before he could do either. But the intoxication of public applause renders vain minds, in their own conceit, omnipotent. They never think of Apelles' reproof to the Cobler, Non ultra crepidam: but, if applauded for playing the buffoon to-night, conceit themfelves as well qualified to act the monarch to-morrow.

Nor has Mr. Macklin's want of literary accomplishments been the fole obstacle to his fuccefs in a higher line of dramatic diftinction. A certain factious and turbulent difpofition, which has ever appeared too natural to him, hath embroiled him in many difputes and altercations with his brother-players, the managers, and the town, that have occafionally raised him perfonal enemies, and proved confiderable drawbacks on his theatrical fame. Among thefe, the miffortune of wounding one Mr. Hallam, a fellow-comedian, in the eye, fo fatally with his cane as to occafion his death, has been repeatedly and often cruelly urged against him; although the accident happened many years ago, and appeared, on the trial, to have been the effect of a fudden ebullition of paffion; which the court by no means thought amounted to a defign to kill, although the provocation was not adjudged adequate to the confequence of the act of refentment, It had been favourable to the perfonal reputation of Mr. Macklin, had this incident made him more placable, even in his profeffional refentments. But, whether from a captiousness of temper, or too great a tenaciousness of opinion, we find him to have been through life one of the molt unmanageable servants our theatrical managers ever engaged in the fer

1775.

vice of an indulgent public. It has been in confequence of this turn, the town have frequently feen him at the head of theatrical combinations, rebellions, feceffions; most of which have proved as fatal in their confequences, as futile in their cause.

Under the theatrical government of Mr. Fleetwood, previous to Meff. Garrick and Lacy becoming poffeffed of the patent of Drury-lane, the subjects of the ftage-monarchs are well known to have laboured under various grievances and oppreffions; but fince that era of revolution in ftage-politics, the theatrical bill-of-rights hath been at leaft fo much attended to, as to give occafion for no general revolt, and to few particular acts of private desertion. And yet Mr. Macklin hath not been able to reconcile himself to the regular business of the theatre for any length of time, during even this peaceable and profitable interval; but hath indulged himself in occafional feceffions and avocations, equally to the disadvantage of his fame and fortune.

the critics to determine. Certain it is, the town were divided. Some little ftage corrections and infignificant proprieties were aimed at in the general exhibition, that took with the petty criticafters of the. pit, as arguing judgment and knowledge of the author. These were, neverthelefs, too flimfy and petite, to make amends for the total want of tragic powers, that was manifeft through the whole This veteran actor was performance. accordingly violently hiffed on the repetition of the performance, and it was naturally expected he would pay fo much deference to the public voice as to give up the point, and prudently retire within his former line of acting. On the contrary, to the aftonifhment of his friends, he feemed determined to difpute, not only the judgment, but the right of the town to determine; taking upon him to plead his caufe, in the face of the audience, in a manner more like that of a bullying barrister in a court of law, than a player lying at the mercy of an audience. So indulgent, however, were the house on this occafion, that, although he had trifled with them till they thought his ftrength must be exhaufted, their patience feemed exhauftlefs, by their permitting him to fit down and recapitulate his grievances at leifure; an indulgence which he appeared to have wrefted from them "I will be heard." by the infolence of crying out during the clamour of Off, off, -Time has been, when Mr. Macklin would have been brought into the humiliating pofture of fuing for pardon on his knees, for fuch infolence; and though fuch humiliation might be unbecoming a man upon ordinary occafions, the difproportion between the characters of an individual stage-player, and that of the public in general, may seem to require it, on such an occafion in particular. Be this as it may, the difcontented party fo far prevailed in the house, as to compel the timid and intimidated managers to banish Mr. Macklin from the stage. Luckily for our hero, his friends became poffeffed of evidence fufficient to prove a combination, between a few perfons, to effect this difgrace; which, as it affected his livelihood, laid them open to profecution at law. This he accordingly commenced, and with amazing perfeverance carried on to the conviction of the parties; notwithstanding their caufe was efpoufed, and every engine of favour and affection fet to work, by the very influential Rofcius, to defeat the profecution. The determination of the court perfons of King's Bench, That it is unlawful for 00002

At different periods the town hath feen this favourite performer, an oratorial inquifitor, a keeper of a coffee-house, and a tutor to theatrical fpouters. On l. return, however, to the stage, after the failure of thefe eccentric attempts, he has almost met with a more favourable reception than the flights thus put on his beft patrons gave him any juft reason to hope for. After fuch a variety of fcenes, played with different success both on and off the stage, it was hardly to be expected that he had profited fo little by paft experience, as to embroil himself at once with fellow-comedians, brother-authors, Yet fo it the managers, and the town. was; the whim of going out of the walk in which he had for fo many years trod the stage with fuccefs, to parade in the province of other performers, naturally brought on him the refentment of them and their friends. At the fame time, the public were not fo totally deficient in the fenfe of propriety, as not to fee the abfurdity of an actor's attempting, at his time of life, the reprefentation of characters, which required all the fire and force of youth to do them tolerable juftice. Out of respect to this actor's reputation, however, and poffibly out of pity to his dotage, the town fupported with fome patience his firft performance of Macbeth; in which, to fay the best of it, he did take off a modern Highland chief with fome fimilitude: but how far the picture resembled the treacherous Thane, as drawn by Shakespeare, we leave

Nov.

the delinquents were most of them piteour veteran knew what he was about; oufly poor, and to have incarcerated them would have anfwered no good end to himfelf, particularly as a comedian, fubject to infults which no law can prevent or redrefs. He had often reflected, with Shylock,

perfons to combine together, or go to the perhaps, to wipe off the ftain of this implay-houfe to hifs an actor, or difturb the puted difpofition in Mr. Macklin, that performance, is a circumftance of inte- he was prudentially induced to abate of refting moment in theatrical history, and the feverity indicated by the profecution will probably bring about a reformation he had carried on againft the confpirators of theatrical manners oft devoutly to be against him; on which occafion, the very wifhed. Foreigners, indeed, justly re- diltinguifhed judge before whom the cause gard the riotous behaviour of the audience at our theatres, as a fpecies of bar-"he never acted better in his life." But was tried told him fignificantly, that barifm, moft fcandalous to a civilized nation. It were certainly better, if even clapping and hiffing at particular perfons and pallages were entirely abolished. This instantaneous impulfe to cenfure or applaufe arifes at best from mere feeling, and is almost always ill-judged and erroneous. Add to this, that it is more frequently the effect of mere partiality, and ferves only to mislead the performers and the audience. The turning the back on a difguiting player, and the abfenting one'sfelf from a difgufting play, with the pub lication of fuch written ftrictures on both, as might be the effect of reflection and judgment, would have a much better ef fect in regard to the improvement of actors, and the reformation of the ftage. It is well known, that this abfurd cuftom of extempore decifion on the merits of performers and performances on the first night of appearance, has banished many promifing, nay excellent ones of both kinds from the ftage; while, on the other hand, it has foftered and raised into reputation fome of the most execrable plays and players that ever exifted. Among many inftances that might be given of the former, may be here mentioned with peculiar propriety the fate of The Duellift; which coming out, unfortunately for its author, jutt at the crisis of Mr. Macklin's difcharge, advantage was taken of that circumftance to infift on that old performer's reftoration to the ftage before any new performance fhould be acted. That manoeuvre, whether originating in the malice of the manager or the malevolence of Macklin, effected the difmiffion of the piece in a manner as ignominious to the proprietors of the theatre, as injurious to the author, and infolent to the public; whofe fenfe of its merit has been fince fufficiently manifefted by the fale of feveral repeated editi

ons.

Its author, indeed, having generoufly exculpated Mr. Macklin from having had any hand in the impofition carried on under his name, we may be thought to have no good plea for making a doubt of his innocence; but the placable and forgiving have no idea of the manners and perfeverance of implacability.

It was,

By the exaction of the forfeiture? What fhall I gain A pound of man's flefh, taken from a man, Is not fo ettimable, profitable neither, As flesh of muttons, beefs, or goats. What would he have got, therefore, by letting any man's flesh waste or rot in a goal? Here then, as lord Mansfield fays, he acted well. What a pity he cannot be prevailed on to leave off acting ill: efpecially as, from the involuntary abdication of poor Shuter, he has now an opportunity of fliding into that caft of parts in comedy, which he had formerly filled with fo much propriety! In Sir Gilbert Wrangle, Sir Francis Wronghead, and many other parts of a fimilar caft, this actor is truly chaste and inimitable! They fuit his present powers, and will infallibly procure him applaufe; whereas if he abfurdly perfifts in the enacting of Macbeth, King Richard, and the capital parts of tragedy, for which he is totally unqualified, he must not expect the indulgence of the audience will, for his having once in his life time acted fo well off the ftage, permit him to act so ill on the stage, when they know he can act better.

putation as a writer, they are at beft proAs to Mr. Macklin's abilities and reblematical; if, indeed, he can be truly faid to poffefs any at all. We have feveral pieces, it is true, attributed to this comedian; of which the following, we believe, is a pretty correct lift.

Henry VII. or, the Popish Impoftor, a the year 1746, with very indifferent fucTragedy. This play was brought out in cefs, though equal to its deferts. It is and is very improperly entitled The Popish founded on the ftory of Perkin Warbeck, Impoftor, when it is well known, that in the days of his hero there were no Proteflants.

The Married Libertine, a Comedy.
Brought

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