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Upon the first of the two bills, the protesting lords Richmond, Portland, Abingdon, King, Effingham, Ponsonby, Rockingham, Abergavenny, Leister, Craven and Fitzwilliam, dissented among other reasons, "because definitive legal offence, by which a forfeiture of the charter is incurred, has not been clearly stated and fully proved, neither has notice of this advers proceeding been given to the parties effected; neither have they been heard in their own defence-because all the judges are to be nominated, not by the crown, but by the governor; and all except the judges of the superior court, are to be removable at his pleasure, and expressly without the consent of that very council, which is to be nominated by the king; the sheriff is made changeable by the governor and council, as often and for such purpose as they shall think expedient, whereby the governor and council are intrusted with powers, with which the British constitution. has not trusted. his majesty and privy council, and have the means of returning such a jury in each particular case, as may best suit with the gratification of their passions and interests, so that the lives and properties of the subject are put into their hands without control." The protesting lards took occasion to mention concerning the Boston port-act, "that, unexampled on the records of parliament, it had been entered on the journals of the house as voted nemine dissentiente, and had been stated in the debate of the day, to have been sent to the colonies as passed without a division in either house, and therefore as conveying the uncontroverted universal sense of the nation; and that an unfair advantage had been taken, on the final question for passing the penal bill, of the absence of those lords who had debated it for several hours, and strongly dissented from it on the second reading, the period on which it is most usual to debate the principle of a bill."

On the second bill, the protesting lords Richmond, Fitzwilliam, Ponsonby, Rockingham, Portland, Craven, Leister, and Manchester, dissented among other reasons "because the bill amounts to a declaration, that the house knows no means of retaining the colonies in due obedience, but by an army rendered independent of the ordinary course of law in the place where they are employed; because the bill seems to be one of the many experiments toward an introduction of essential innovations into the government of the empire." They said, "The authority given by this bill to compel the transportation from America to Great-Britain, if any number of witnesses at the pleasure of the parties prosecuting and prosecuted, without any regard to their age, sex, health, circumstances, business or duties, seems to us so extravagant in its principle, and so impracticable in its

execution

execution, as to confirm us further in our opinion of the spirit which animates the whole system of the present American res gulations."

[May 20.] His majesty gave his assent to both bills.

The session was drawing near to the usual time of recess, and the greater number of the members were retired into the coun try. In this situation a bill was brought into the house of lords, "For making more effectual provision for the government of the province of Quebec, in Nortir-America." It passed through that house with little if any observation. When it came down to the house of commons, it met with a very different reception. The principal objects of the bill were, to ascertain the limits of the province, which were extended far beyond what were settled as such by the king's proclamation of 1763-to form a legisla tive council for all the affairs of the province, except taxation, which council was to be appointed by the crown, and the office to be held during pleasure, and his majesty's Canadian Roman Catholic subjects were to be entitled to a place in it-to establish the French laws and a trial without jury in civil cases, and the English laws, with trial by jury in criminal-and to secure to the Roman Catholic clergy, except the regulars, the legal enjoyment of their estates, and of their tythes from all who were of their own religion. The minority insisted, that the Protestant religion, by this establishment, enjoyed at best no more than a toleration: "The popish clergy," they said, "have a legal parliamentary right to maintenance, the protestant clergy are left to the king's discretion. Why are not both put at least on an equal footing, and a legal support provided for both?" The minority was uncommonly small; nevertheless the bill produced much greater uneasiness and discontent out of doors, than any of those for punishing the old colonies. The present policy of it is, among other things, to gain, through the influence of the priests, the assistance of the laity in subjugating the other provinces.

[June 22.] It received the royal assent, when his majesty went to the house, at the close of the session; the business of which being ended, the ministry entertained the most sanguine expectations that the submission throughout America would be immediate, and that complete obedience and tranquility would be secured. The speech from the throne expressed similar sentiments. The triumphs and mutual congratulations of all who have supported the ministerial plan, within doors and without, are unusually great. These may be owing, not a little, to the assurances that governor Hutchinson has repeatedly given to many, that if the parliament would but act with resolution, and

adopt

adopt spirited measures, a speedy submission would take place without any call for fighting.

By the Quebec act, the total revenue of the province is consigned, in the first instance, to a warrant from the lord of the treasury, for the purpose of pensioning judges during pleasure, and the support of a civil list totally unlimited. The first lord of the treasury, without controul of parliament, is therefore in actual possession of the revenues of one American province, under the authority of an act of parliament, with no other obligation expressed, than in general to defray the expences of the administration of justice, and to support civil government, The residue, as in the tea act, is to be reserved for the disposal of parliamentary despotism committed into the hands of the crown and its minister; for the crown of Great-Britain is constituted as absolute in the province, under an act of parliament, as any despot that ever existed in the world. Hence is inferred what ministers would do through all America, did they possess the power.+

Your present governor, general Gage, has been appointed as the most proper person to see to the execution of the laws which have been passed respecting both the colony and its capital; when he has settled matters, and established order and due submission to the power of parliament, Mr. Hutchinson is to return and resume the chair. The last, since his arrival, has been graciously received; his influence with ministry will continue, till events convince them that they have been greatly mistaken in relying upon his judgment on American subjects. A commission during pleasure has passed the great seal, granting to general Gage full power and authority, where he shall see cause, to pardon and remit all treasons, murders, felonies, crimes, and misdemeanors whatsoever, and all fines or penalties whatsoever incurred in the Massachusetts.

+ M. Hartley,

LETTER

LETTER IX.

Roxbury, Sept. 28, 1774.

HE appointment of general Gage to the government was not thought of by Mr. Hutchinson. He expected to have been entrusted with the execution of the ministerial plan; and was rather disconcerted when he found it to be otherwise. Before he left the colony, he was presented with a few addresses; one by a number of gentlemen, conceived in very respectful terms, but against which many others entered a protest. Had he applied himself vigorously and steadily to the healing of the breach between the colonies and the parent state, instead of calling upon ministry to force submission, he would have been a blessing, and had the love of all; but now it will be well if he does not prove a curse to both countries, and make himself odious to the latest posterity.

[May 13.] When general Gage landed on the long wharf, it was thought from appearances, that he had apprehensions of being ill treated by the inhabitants; but though they were highly incensed at the port-bill, which they had just received, they behaved toward him with the greatest decency. He was complimented by the council, the gentlemen in the commission of the peace, and others, and afterward sumptuously entertained.

The next day there was a numerous town-meeting to consider the port-bill; when they resolved, "That it is the opinion of this town, that if the other colonies come into a joint resolution to stop all importation from and exportation to GreatBritain, and every part of the West-Indies, till the act be repealed, the same will prove the salvation of North-America and her liberties; and that the impolicy, injustice, inhumanity, and cruelty of the act, exceed all our powers of expression: We therefore leave it to the just censure of others, and appeal to God and the world." Copies of the act arrived in different parts; were multiplied with incredible expedition; and circulated through the colonies, by which the whole country was inflamed. In some places they were printed upon mourning paper, with a black border, and cried about the streets under the title of a barbarous, cruel, bloody and inhuman murder; in others, great bodies of the people were called together by advertisement, and the obnoxious law burned with great solemnity, similar to what was done in the time of the stamp act.

When

When the Boston port-bill arrived at New-York, captain Sears and M'Dougall wrote to the committee at Boston, assuring them of the support of the New-Yorkers. The letter was published without their names. The Yorkers would have fixed a censure upon them, but could get no proof of their being the writers. Captain Sears and M'Dougall called the people together by a publication. They collected, and after a violent opposition from the tories, who had brought their whole strength upon the occasion, a vote was obtained for appointing a committee on account of the port-bill, which was to consist of fifty-one. The tories fearing the worst, had provided a list; but all lists were taken off the table at Mr. Sears's motion, when nominations took place, and the number of whigs and tories was nearly equal. Mr. Sears got another added, which made the committee fifty-two. The whigs in it insisted that there must be a congress. The violence of captain Sears's temper, and his infiuence over the populace, induced the tories to fall in with the proposal of one, rather than be exposed to the dangers of a mob; but they expected that they should prevent it. A letter was sent to the Boston committee, with a recommendation to them to appoint time and place. They approved of a congress, but declined making the appointments. The York committee considered the answer; and it was carried to write to them afresh upon the subject. The tories were caught; for having agreed to the motion for a congress, they could not hinder it by all their contrivances. You must admit of my using, for brevity sake, the term whig and tory for the pro's and con's on the sub ject of full redress to American grievances. When better can be met with, they shall be adopted; but they are universally applied in this manner by the liberty party.

The Boston committee of correspondence were sensible that the utmost delicacy and precaution in the use of words and expressions, were requisite in the present state of affairs; that so their enemies might not disappoint them of that support for which they were to make a general application to all the colonists, and whom they addressed on the head of the port-bill, and the distresses coming upon the inhabitants, with the utmost respect; they were careful to insert in all their letters, "It is hoped that Boston will be considered as suffering in the common

cause."

While these letters were circulating, the period arrived for the meeting of a new general court, which assembled at Boston, [May 25.] when the services of the election day were carried on as usual; but the hearts of many felt sad with the apprehen

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