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sets Bay, in petitions, which do deny, or draw into question, the right of parliament to impose duties and taxes upon his Majesty's subjects in America, and in pursuance of the said resolution, the writing such letters, in which certain late acts of parliament, imposing duties and taxes, are stated to be infringements of the rights of his Majesty's subjects of the said province, are proceedings of a most unwarrantable and dangerous nature, calculated to inflame the minds of his Majesty's subjects in the other colonies, tending to create unlawful combinations, repugnant to the laws of Great Britain, and subversive of the constitution.

tual and temporal [and Commons] in parliament assembled, 1. That the votes, resolutions, and proceedings, of the house of representatives of Massachusets Bay, in the months of January and February last, respecting several late acts of parliament, so far as the said votes, resolutions and proceedings, do import a denial of, or to draw into question, the power and authority of his Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons in parliament assembled, to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever, are illegal, unconstitutional, and derogatory of the rights of the crown and parliament of Great Britain.

2. "That the resolution of the said house of representatives of the province of Massachusets Bay, in January last, to write letters to the several houses of representatives of the British colonies on the continent, desiring them to join with the said house of representatives of the province of Massachu

colonies in cases of necessity, of which they were to be judges!

3. "That it appears that the town of Boston, in the province of Massachusets Bay, has for some time past been in a state of great disorder and confusion, and that the peace of the said town has at several times been disturbed by riots and tumults of a dangerous nature, in which the officers of his Majesty's revenue there have been obstructed, by acts of violence, in the execution of the laws, and their lives endangered.

4. That it appears, that neither the chusets Bay, nor the ordinary civil magiscouncil of the said province of Massa

Lord Shelburne spoke rather darkly, that he thought the Resolutions, if meant to be general, ineffectual; if levelled only at Boston not im-trates, did exert their authority for suppressing the said riots and tumults.

proper.

When the Resolutions were agreed to, the duke of Bedford moved his Address; which was seconded by lord Holdernesse.

Nobody much objected, but the duke of Richmond, and he was not very clear. He seemed to think governor Barnard might mis

construe that to be treason which was not so.

But he was answered by lord Weymouth, that the governor was only to transmit informations, and whether the riot were treasonable or not would be judged of here.

Lord Shelburne seemed to dislike the Address, and thought the administration negligent if they had not already sent over directions to take informations upon treasonable practices, in which no time should be lost.

He and lord Hillsborough had some sparring about the conduct of governor Barnard.

The duke of Grafton spoke as a minister for maintaining the right of parliament, and that he desired every body to understand that by these Resolutions and Address parliament had precluded itself from respecting any of the acts for laying duties in the colonies for this

5. "That in these circumstances of the province of the Massachusets Bay, and of the town of Boston, the preservation of the public peace, and the due execution of the laws, became impracticable, without the aid of a military force to support and protect the civil magistrates, and the officers of his Majesty's revenue.

6. "That the declarations, resolutions, and proceedings, in the town meetings at Boston, on the 14th of June and 12th of September, were illegal and unconstitutional, and calculated to excite sedition and insurrections in his Majesty's province of Massachusets Bay.

7. "That the appointment, at the town meeting on the 12th of September, of a convention to be held in the town of Boston on the 22d of that month, to consist of deputies from the several towns and districts in the provice of the Massachusets Bay, and the issuing a precept by the se lect men of the town of Boston, to each of Lord Hillsborough had before declared, that the said towns and districts, for the elecfor commercial reasons he should be for repeal-tion of such deputies, were proceedings ing one of them, when the point of right was no longer in dispute.

session.

Lord Lyttelton and lord Mansfield were not there: the Lord Chancellor was silent.

subversive of his Majesty's government, and evidently manifesting a design in the inhabitants of the said town of Boston to

set up a new and unconstitutional authority, independent of the crown of Great Britain.

8. "That the elections, by several towns and districts in the province of Massachusets Bay, of deputies to sit in the said convention, and the meeting of such con vention in consequence thereof, were daring insults offered to his Majesty's authority, and audacious usurpations of the powers of government."

Then the following Address to his Majesty, was moved by the duke of Bedford:

"Most Gracious Sovereign, "We, your Majesty's most dutiful and loyal subjects, the Lords spiritual and temporal [and Commons] in parliament assembled, return your Majesty our humble thanks for the communication your Majesty has been graciously pleased to make to your parliament of several papers relative to public transactions in your Majesty's province of Massachusets Bay.

.

"We beg leave to express to your Majesty our sincere satisfaction in the measures which your Majesty has pursued for supporting the constitution, and for inducing a due obedience to the authority of the legislature; and to give your Majesty the strongest assurances that we will effectually stand by and support your Majesty in such farther measures as may be found necessary to maintain the civil magistrates in a due execution of the laws within your Majesty's province of Massachusets Bay; and as we conceive that nothing can be more immediately necessary, either for the maintenance of your Majesty's authority in the said province, or for guarding your Majesty's subjects therein from being farther deluded by the arts of wicked and designing men, than to proceed in the most speedy and effectual manner for bringing to condign punishment the chief authors and instigators of the late disorders, we most humbly beseech your Majesty, that you will be graciously pleased to direct your Majesty's governor of Massachusets Bay to take the most effectual methods for procuring the fullest information that can be obtained touching all treasons, or misprision of treason, committed within this government since the 30th day of December last, and to transmit the same, together with the names of the persons who were most active in the commission of such offences, to one of your Majesty's principal secretaries of state, in order that your Majesty may issue a spe

cial commission for enquiring of, hearing, and determining, the said offences within this realm, pursuant to the provisions of the statute of the 35th year of the reign of king Henry the eighth, in case your Majesty shall, upon receiving the said information, see sufficient ground for such a proceeding."

The above Resolutions and Address being agreed to by the Lords, were sent down to the Commons for their concur

rence.

1769.

January 25. Mr. Alderman Beckford offered to the Commons a Petition, purporting to be a petition of the major part of his Majesty's council of the province of Massachuset's Bay, signed Samuel Danforth, president of the council, in the name of the major part of the council aforesaid. And it appearing to the House, that the said Petition was not passed in a legal assembly of the council of his Majesty's province of Massachuset's Bay, and that no person was, or could be, authorised to sign the same, as president of the council of the said province; it was ordered, that the said Petition be brought up not as a Petition of the major part of the council of his Majesty's province of Massachuset's Bay, but as a Petition from Samuel Danforth, on the behalf of the several individual members of the said council at whose request he signed the same. Then the said Petition was brought up, and read; setting forth,

"That his Majesty's most dutiful and loyal subjects, the council of the said province, being rendered unable, by the dissolution of the general court, to address this House in their legislative capacity, the petitioners, the major part of the said council, the other members living too remote to join with them, beg leave to do it, on a subject of the greatest importance, not only to that province and the colonies in general, but to Great Britain in particular, and humbly to represent to this House, that the first settlers of New England, more attentive to religion than worldly emolument, planted themselves in that country with a view of being secure from religious imposition, and not with any expectations of advancing their temporal interests, which the nature of the soil forbad them to indulge: and that they obtained a patent of that country from king Charles the 1st, which though vacated in

the unhappy times of James the 2nd, revived in the present charter of the province, which was granted in the succeeding glorious reign of king William and queen Mary, who, by said charter, confirmed to their subjects in that province divers important rights and privileges, particularly all such as are essential to, and constitute the peculiar happiness of British subjects, founded in the immutable laws of nature and reason, and inseparable from the grand and ultimate end of all government, the security and welfare of the subject, and which have been enjoyed till of late without interruption; and that, from the length and severity of the winters, the inferiority of the soil, and the great labour necessary to subdue it, they underwent incredible hardships; and, that, besides the climate and soil, they had to contend with a numerous and barbarous enemy, which made frequent inroads upon them, broke up their exterior settlements, and several times had nearly accomplished their utter destruction; by means whereof, they were kept in perpetual alarms, and their country made the scene of rapine and slaughter; and that nothing but the most invincible fortitude, animated by the principles of religion, and the warmest attachment to that civil liberty which the British constitution so happily defines and secures, could have enabled them to sustain the hardships and distresses that came upon them by those causes; nothing less could have induced them to persevere in the settlement of a country, from which, in its best estate, they had only to expect a scanty subsistence, and that in consequence of their unremitted labour; and that, by that labour, those hardships and distresses, they not only dearly purchased their settlements there, but acquired an additional title, over and above their common claim as men and as British subjects, to the immunities and privileges granted them by charter, and which they have transmitted to their children and successors, the present inhabitants, his Majesty's faithful subjects of that province; and that the present inhabitants, though more happily circumstanced than their ancestors, and though some among them, especially in the trading towns, may live in affluence, yet, from the operation of the same causes, the length and severity of the winters, and the stubbornness and infertility of the soil, are now able, with all their labour to obtain but a comfortable, and many of them but a Blender support for themselves and families; [VOL. XVI.]

their clothing, of which in that cold climate more is required than otherwise would be necessary, and which, some small part made by themselves only excepted, is made of the woollens and other manufac tures of Great Britain, the other necessary articles of subsistence, and the yearly taxes upon their polls, and on their real and personal estates, requiring the whole, or nearly the whole, produce of their lands; and that by their means his Majesty's dominions have been enlarged, his subjects increased, and the trade of Great Britain extended, all in a degree envied by her enemies, and unexpected by her friends, and all without any expence to her till the late war; and that in the late war, without recurring to the former expeditions against Canada, to the reduction of Nova Scotia in 1710, to the preservation of it several times since, to the conquest of Louisbourgh with its dependent territories in 1745, the reddition of which was esteemed by France an ample equivalent for all her conquests, during, on her part, a successful war, and gave peace to Europe; upon his Majesty's requisitions, and the requisitions of his royal grandfather, this province in the last war yearly raised a large body of troops, to assist in conjunction with other colony troops, in reducing the French power in America, the expence whereof was very great, and would have been insupportable, had not part of it been refunded by parliament, from a conviction of the inability of that province to bear the whole; and that the loss of men in the several campaigns of that war was great, and to so young a country very detrimental, and could not be compensated by grants of parliament, and to which those grants had no respect; and that the acquisition of so large a part of America by his Majesty's arms, though a great national good, and greatly beneficial to the colonies, as thereby they have been freed from the hostilities of the French, and, in a good measure, of the Indians that were under their influence, has, in divers respects, operated to the detriment of the colonies, particularly by diminishing the value of real estates, and drawing their inhabitants from them, to settle the new-acquired territories; and that the said acquisitions have occasioned new and increasing demands for the manufactures of Great Britain, and have opened to her sources of trade, greatly beneficial, and continually enlarging, the benefits of which center in herself, and which, with the ex[21]

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tensive territories acquired, are apprehended to be an ample equivalent for all the charges of the war in America, and for the expences of defending, protecting, and securing, said territories; and that that province in particular is still in debt, on account of the charge incurred by the late war; and that the yearly taxes, excepting the present year, on which no public tax has been yet laid, by reason of general valuation through the province, which could not be completed before the dissolution of the late general assembly, but which will probably be resumed when a new assembly shall be called; and that the yearly taxes upon the people for lessening said debt, though not so great as during the war, are nevertheless with more difficulty paid, by reason of the greater scarcity of money in the colonies, owing to the balance of their trade with Great Britain being against them, which balance, exclusive of the operation of the several acts of parliament, taxing the colonies, by laying certain duties for the purpose of raising a revenue from them, drains them of their money, to the great embarrassment of their trade, the only source of it; and that that embarrassment is much increased by the late regulations of trade, and by the Tax Acts aforesaid, which draw immediately from trade the money necessary to support it, on the support whereof the payment of the balance aforesaid depends; and that the said Tax Acts, operating to the detriment of the trade of the colonies, must likewise operate to the detriment of Great Britain, by disabling the colonists from paying the debt due to her, and by laying them under a necessity of using less of her manufactures; and that, by the use and consumption of the manufactures of Great Britain, which are virtually charged with most of the taxes that take place there, the colonies pay no inconsiderable part of those taxes; and that, by several acts of parliament, the colonies are restrained from importing most of the commodities of Europe, unless from Great Britain, which occasions her manufactures, and all commodities coming from her, to be dearer charged, which is equivalent to a tax upon them; and that the colonies are prohibited sending to foreign markets many valuable articles of their produce, which giving to Great Britain an advantage in the price of them, is a proportionable and a further tax upon the colonies; and that the exports of the colonies, all their gold and

silver, and their whole powers of remittance, fall short of the charged value of what they import from Great Britain; and that, if it be considered what difficulties the colonies encountered on their first settlement; their having defended themselves, Nova Scotia and Georgia excepted, without any expence to Great Britain; the assistances given by them in the late war, whereby the empire of Great Britain is so greatly extended, and its trade proportionably increased; the diminution of the value of their estates, and the emigration of their inhabitants, occasioned by that extension; the loss of men in the said war, peculiarly detrimental to young countries; the taxes on them to support their own internal government; the share they pay of the duties and taxes in Britain, by the consumption of British manufactures for which such valuable returns are made; the restraints upon their trade, equivalent to a tax; the balance of trade continually against them, and their consequent inabi lity to pay the duties laid by the acts aforesaid: if those facts be considered, the petitioners conceive it must appear, that his Majesty's subjects in the colonies have been, and are, at least as much burthened as those in Great Britain; and that they are, whilst in America, more advantageous to Great Britain, than if they were transplanted thither, and subjected to all the duties and taxes paid there: and that the petitioners beg leave to lay their represen tation before this House; humbly praying a favourable consideration of it; and that the charter rights and privileges of the people of that province, and their invaluable liberties as British subjects, may be secured to them; and that the several acts of parliament made for the purpose of raising a revenue in America, be repealed."

The question being put, that the said Petition be referred to the committee of the whole House, to whom it is referred to consider further of the several papers which were presented to the House, by the lord North, upon the 28th of Nov. last, the 7th of Dec. last, and the 20th of this instant January, by his Majesty's command: the House divided; Yeas 70; Noes 133. So it passed in the negative. And the Petition was ordered to lie upon the table.

January 26. Sir George Saville pres sented a Petition from William Bollan, esq., of Boston, in the province of Massa

chusetts Bay: praying, That the concurrence of the Commons, in the Resolutions and Address communicated by the Lords at a conference, may not take place. On the question being put, That the Petition be brought up, a long debate ensued. It was argued by the Ministry that it was very long, and would take up much time to read twice over; that it contained law arguments, which the House were not good judges of, and that it was presented at an unusual time, being whilst a resolution only of the House was debating.

that they had abandoned the town to riots, which continued for a considerable time, was not a true bill-for the riot was a sudden, unpremeditated, temporary affray, and over before the magistrates could interpose, and that they did afterwards enter into an enquiry of the causes and authors of those disorders; on the seventh and eighth resolutions, charging the people of the province with conspiring to usurpations of the powers of government and the setting up of new and unconstitutional authority independent of the crown of The Opposition had clearly the advan- Great Britain by " issuing writs" to call tage in argument; the length of a peti- a convention of the states. He shewed tion being no reason against the complaint that those who drew this Resolution, did of a subject reaching the Commons, who not know what a writ was-he shewed alone could redress the evil; that the ar- what a writ was, by producing the form of guments it contained could be no objec- one as settled by the law of that country, tion, if good ones; if bad ones the House and confirmed here by the crown-he alwould pay no sort of attention to them, lowed that if the select-men of Boston had and that no time was so proper to petition issued writs, it would have been an usuras when a grievance was about to affect pation, if not treasonable-Having so far the subject by resolutions. The right of convinced the ministry-gentlemen, that the subject to petition was indisputable, their charge was false so as that they withthe Petition was regular in every respect, drew it, by lord North's proposing to and the particular time it was presented, amend this resolution with the words the only time it could have any effect. On" writing letters," instead of the words the division, there appeared for the minis-" issuing writs." Governor Pownall try 136, against 105. shewed that the select-men were authoThe grand debate then commenced on rized by the laws of their country, conthe North American Affairs. The pre-firmed by the crown, to write such letters, ceding Resolutions and Address, sent down from the Lords, were produced; and the concurrence of the Commons was moved thereon. The debate was very fine indeed. Lord North, the Attorney and Solicitor General, Mr. Price, Mr. Hussey, Mr. Dyson, were for the question; sir George Saville, Mr. Burke, Mr. Dowdeswell, colonel Barré, and Mr. Grenville, Mr. Beckford, Mr. Fuller, and governor Pownall, against it.

desiring other towns to appoint committees to convene with their committee. He then shewed that the draughtsmen of those proposed resolutions had equally misunderstood, from total ignorance, the nature of the committees which met, when they called them deputies, and considered the "convention of such committees" which was warranted by law, as a "convention of states," which would have been treasonable-he shewed what were deputies, what committees and not only justified the meeting of the convention, but approved their conduct when met as highly meritorious.

In the course of this debate, Governor Pownall went into a particular examination of the Resolutions in the light of a bill of indictment pro-posed to be found by a grand inquest. Mr. Dyson endeavoured to parry his He shewed that the charge contained in first objection to the first resolution, by the first Resolution went upon a total mis-referring to the amendment respecting the take of the evidence brought to support it, so gross as to accuse the House of Representatives at Boston, of coming to a positive resolution which had received its negative in that very House, and was not upon their journals, although the resolu tion proposed by the House of Commons -referred to it as if really there existing that the charge brought against the coun-cil and magistrates in the third and fourth,

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date of the assembly's resolve. But the governor still insisted that there was "no such resolve existing ;" however they satisfied themselves with this alteration, and put the question.

Lord Barrington also, with a degree of warmth and passion not usual, endeavoured to defend governor Bernard's letters and the official resolves.

Mr. Burke said, that the gentleman who

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