tucket, by informing him, that the Bill was not correctly printed from the copy; for that in the engrossed Bill every thing which had the least appearance of severity was provided against. As to the certificate required from the custom-house officers, he said, that proceeded from a misapprehension of the noble duke, for the application was to be made to the governor of the Massachuset's Bay, not to the custom-house officers. His lordship then disclaimed the imputation thrown out by the noble duke on administration, so far as it might be supposed to affect himself, and was certain, that no one member of it ever harboured such a thought.

The Duke of Manchester condemned as it came before him; nevertheless, upon the Bill, as involving in its consequences the most impartial consideration, in his the guilty and innocent in the same pu- opinion, it carried in the very face of it nishment. It was a new kind of logic to every appearance of a most tyrannic, ophim to hear it contended, that the Bill pressive, and persecuting spirit, from was not oppressive, cruel, or unjust, in which, consequences of alarming danger respect of the inhabitants of Nantucket; were to be feared; for, concluded he, the because, be their conduct what it might, military force sent to reduce those injured they were sure to be punished. Whether people may be employed at home in the they are obedient or disobedient, their fate destruction of our own liberties; and by is to be the same; and what, said his grace, is the general complexion of men and meatheir mode of relief? Why, after peace and sures, and the professed means employed obedience, which, by the bye, as far as re- to give the latter existence and success, lates to them, has never been violated or de- there are, I fear, some persons of weight parted from, shall be restored for one month, and influence who would cheerfully adopt and that the same shall be certified by the and assiduously labour to put such a decustom-house officers, then the pains and sign in execution. penalties inflicted by this Bill are to cease. The Earl of Denbigh rose, to correct Now, when it is considered what a kind of a mistake which the noble duke fell people the majority at least of those cus-into, relative to the inhabitants of Nantom-house officers are; when we seriously reflect on their narrow minds, and the mean passions they are generally actuated by, we may readily conclude what degree of favour, indulgence, or justice, the inhabitants of Nantucket are to receive at the hands of such men; men who, in their several stations, besides, are to share among them the forfeitures to be recovered under this Act. It is said, that there are live stock on the island; and it is contended, that New-England has a plentiful supply of provisions within itself; because, "during the late war, large supplies were procured from thence for the use of the army and navy. By this latter mode of reasoning, we might as well suppose, The Duke of Manchester answered, that because large quantities of tobacco are the clause respecting Nantucket, however annually exported from the city of Glas- construed, could extend no further than gow, that it grows in the neighbourhood to the whale fishery; for it still left all, of that town; and, by the former, that but those employed in that fishery, because there were provisions sufficient to starve without employment or bread. in New England, the people of Nantucket, He still maintained what he asserted, deprived of the only fair means of pro- respecting the mode of application to the curing it at market, might obtain it by custom-house officers, so far as it related rapine and injustice. His grace pro to the colonies of Connecticut and Rhode ceeded to examine the manifest oppression Island, and Providence Plantation. His of the Bill in other respects, particularly grace then read the clause out of the Bill, as it would affect the property of our If it shall be proved to the said governor merchants, who could not be supposed to and commander in chief, and council of have had any hand in the outrages which Massachuset's Bay, by the testimony of gave birth to it, or to that general spirit the officers of his Majesty's customs," &c. of resistance and disobedience it was in- The noble duke then exculpated his lordtended to subdue. He protested, sin- ship from the most distant suspicion that cerely, he came with no prejudices, or he would concur in any design to enslave party views whatever into the House; his country, were he first minister. that he had laboriously endeavoured to forget every connection, to banish every distinction, to forget all that had hitherto passed, and contemplate the Bill nakedly [VOL. XVIII.]

The Earl of Denbigh thanked his grace. for the good opinion he entertained of him; but if his insinuations were directed at a noble lord who presided at the head of the [2 F]

finances, he begged leave to assure him he was mistaken, for he had known that noble lord (North) from his early youth; they had been bred up together; he was perfectly acquainted with his disposition and sentiments; and by a knowledge thus founded and acquired, he could venture to affirm, with the fullest confidence, that there was not a noble lord in that House, however zealous, would be further from co-operating in any design for overturning the liberties of his country, than he would. He therefore wished that the noble duke would explain himself; for however flattering his grace's sentiments might be respecting himself, it took off entirely from the pleasure it would otherwise cause, while it was founded in an insinuation against another, and given at his expence. The Duke of Manchester assured his lordship, that he had no intention of directly alluding to the noble lord mentioned.

possibility of detection. If such be the information this House is to be guided by, I am certain that no reliance ought to be had on it: and that it proves only, that both accounts ought equally to be rejected. He said, two of the noble lords who spoke on the other side, seemed to feel greatly for the distresses of the Americans; but said not a syllable of the present miseries of our own manufacturers, who were daily dismissed for want of employment; and whose sufferings would, he feared, if not prevented by this Bill, or some other of the same nature, become intolerable. For his part, he lived in the neighbourhood of one of the greatest manufacturing towns in the kingdom (Birmingham) and there the state of trade and the want of work was such, that should it continue much longer, the most dreadful consequences were justly to be dreaded.

Lord Camden rose and said:

My lords; I have so often troubled your lordships on the subject of America, that on every new occasion of speaking to it, I rise with great unwilling.

Viscount Dudley observed, that the whole state of the evidence given at their lordships' bar, had a direct contrary effect upon him from that proposed by those who combated the Bill; for when the in-ness and reluctance to encroach on your terests of this country, the manning of our navy, the increase of our seamen, and the employment of our own people, came in competition with the pretended hardships and severities of the Bill, he not only thought that it should receive the approbation of the House on the ground it was taken up on, but that it ought to be made perpetual, in order to secure for ever to this country so important a branch of commerce. The colonies were at present spared, by the lenity and mildness of administration, who might carry fire and sword throughout the whole continent of America. He totally differed from the noble marquis, as to the conclusions he drew from the comparative state of the evidence of Mr. Watson, and its supposed agreement with that now on your lordship's table, relative to the exports to America in 1764, as he thought them both equally erroneous. The witness said, that the entries at the custom-house are generally more by one-third than the goods really shipped; and that he and the rest of his brethren, put into a box unsigned papers, containing an account of what each of them exported. Will any noble lord in this House affirm that there could be an accuracy in such a mode, whereby every man was at liberty to set down any quantity he thought proper, without a

lordships' attention; and indeed, I feel myself not a little wearied with the fruitless efforts I have uniformly made since this business has been in agitation. My opinion, on the rights of England and the rights of America, is well known. I first formed it on the clearest conviction, and it continues the same to this day. This opinion I have uniformly maintained; but the great and certain majorities in both Houses of Parliament, and the great numbers, for I admit there are such, perhaps the majority without doors, differing from those opinions, and overbearing with a high and powerful hand our feeble efforts, have almost wearied me into despair of obtaining any thing in this question, or on this subject, by argument or debate: and I would not now give your lordships this trouble, but from a consideration of the duty in which I stand, as a member of this House, to interpose my endeavours towards the vindication of justice, and the service of my country. For this purpose, and in this debate, it will not be necessary to go into the several clauses of the Bill with a minute exactness. It will be suffi cient for your lordships to consider the general nature and character of the Bill, to advert to its operation and tendency, and to estimate its fitness and its wisdom, by the qualities that shall be discovered in

its nature and character, and by the con- | land: and from their redoubtable testisequences that are to result from it.

been observed and argued, that in this great question, trade is a secondary consideration; that it is subordinate to the great discussions of polity involved in this argument. We are then to understand that this is the state of the question; that to maintain a legislative power over America, is the primary, the sole, and the necessary object; for the attainment of which, and for the reduction of the colonies to an unlimited obedience, all considerations of the benefits of trade, be they what they may, and of the ruinous mischiefs of its loss, be they however certain and fatal, are to be suspended; that we are to contend through every hazard, and in neglect of every other, for this grand object, the establishment of supreme dominion, voluntas pro imperio. I wish, my lords, to place the question on its proper basis; and then to submit to your lordships whether, on the real state of it, your wisdom and equity will, for such an object and in exclusion of all other, entail on your country the calamities that I maintain must result from this Bill, the calamities of civil war. Before wise and good men draw the sword, they consider whether the war in which they are going to engage be just, practicable and necessary. Unless the war, which this measure must produce, be found to have these qualities, it cannot be imagined that your lordships will give your sanction to

or examining whether any were guilty at all, you proceed to block up their harbour, destroy their trade, and reduce the whole country to the deepest distress. And for what, my lords? For a transaction which every American disclaimed, and none have attempted to justify. Pursuing the same spirit, you arbitrarily introduce a total change into their constitution. You violate their charter-rights of chusing their own council, their own assembly, and their magistrates; and invest the governor with these privileges. You rivet the de pendence of their judges, by making them removable at pleasure. You pack their juries, by a bene placito sheriff. And thus, my lords, are annihilated all the securities of their freedom and happiness. In criminal matters, the tyrannical statute of Henry the 8th is revived, and the most oppressive partiality is established. If an American kills an Englishman, he is drag. ged hither, far from his neighbours, his friends, his witnesses; from all possibility of vindicating his innocence. If an Englishman kills an American, he is brought home to his own country, to be tried with all advantages, and without testimony or circumstances to prove his guilt. These are part of the oppressions you have accumulated on America; and to repel them, the Americans have united their counsels and their valour; and, my lords, I must The consideration of the justice of maintain that they are justified in their the measure contended for, will bring your union. But, my lords, some ideas are lordships to the original cause of conten- most industriously circulated, extolling the tion, taxation. As to the right of taxing irresistible omnipotence of parliament; America, my ideas on that subject must that the decrees of the legislature must be ever continue the same; though I am not obeyed, be they what they may; without now to give them to your lordships. I am doubt, and without appeal. A reverend tongue-tied on that question. It is now dean [Dr. Tucker, dean of Gloucester] enacted to be law, and is not on this oc- preaches these unlimited doctrines, in his casion, to be brought into debate. But book on the subject of America; and a the exercise of that right, we may always pamphlet published a few days ago, fully examine into. Now, my lords, I" Taxation no Tyranny," I know not the must humbly submit, that we have at- author, [Dr. Johnson,] speaks the same tempted the exercise of this right of taxa- language: the press indeed abounds with tion, as some of your lordships are pleased politics and pamphlets, studiously endea to call it, most unwarrantably, and pur- vouring to enforce the same principles. sued it most unwisely, as the events have But, my lords, I have learned other prinproved. An East India ship, freighted ciples and other doctrines, and I learned with tea, goes to Boston: a mob, and a them from a writer in support of the court very inconsiderable mob, destroy it: no and the politics of William the 3d. Mr. requisition is made for satisfaction, which Locke wrote his Book on Government would have been given: no step is taken in defence of king William's title to the towards accommodation, which would crown; and he proves, in that inestimable have been effected; no inquiry is instituted treatise, that the people are justified in into the transaction; but you proceed, resistance to tyranny; whether it be tywithout hearing the parties, without dis- ranny assumed by a monarch, or power ar tinguishing the innocent from the guilty, bitrarily unjust, attempted by a legislature.

it.

called

My lords, the bodies which compose the | lieve it is certain that we would have done legislature, are invested with that power so, if we could; and that nothing but infor the good of the whole. We are trus- ability has prevented our proceeding to tees, and can exercise our powers, only in the most hostile extremes of violence and execution of the great trust reposed in us. devastation; if we may judge from what What, my lords, if both Houses of Parlia- has been done in that line, in which alone ment, with the concurrence of the King, any thing can hope to be effected. But, if you will, should propose to surrender my lords, where are you to get men and the dearest rights and privileges of the money adequate to the service and expence people; and the case lately happened in that the reduction of such a continent Denmark, almost before our eyes, and for- must require? What are the 10,000 men merly in our own history, in the time of you have just voted out to Boston? Henry the 8th, when parliament voted that Merely to save general Gage from the dishis proclamation should be equivalent to grace and destruction of being sacked in law; in such cases, are not the people jus- his entrenchments. It is obvious, my tified in resisting? These, my lords, are lords, that you cannot furnish armies, or the constitutional doctrines of resistance treasure, competent to the mighty purto arbitrary power in all shapes whatever. pose of subduing America. It is obvious And let me observe, that these are the that your only effort can be by your naval doctrines which establish the present fa- power; and, as far as those efforts can mily on the throne. Their title stands on have effect, you may certainly expect suc this solid rock, the principles of Mr. Locke. cess at least when we consider America I trust then, my lords, those slavish tenets alone: but whether France and Spain will will never gain ground in this country, be tame, inactive, spectators of your efforts and that it will never be understood, that and distractions, is well worthy the consithe constitution gives you more power than derations of your lordships. But admitthat of doing right. And when I am asked ting full success to your naval efforts, what whether the legislature cannot retract can they effect; the blocking up their charters, and annul rights, if it thinks pro- ports, and the suppression of their trade. per, and merely at its own will, I say, my But will this procure the conquest of Amelords, it cannot, I say, it cannot. They rica? No, my lords; they are prepared may be lost, they may be forfeited; but to meet these severities, and to surmount they are not to be arbitrarily sported with, them. They are applying themselves most and wantonly violated. And when such diligently to agriculture, that great source is the conduct held against America, of strength and independence. Foreseewhen the severest and most comprehensive ing the important crisis, they have propunishments are inflicted, without exa- vided against its wants; and have importmining the offence; when their constitu- ed into their country stores of industry, tional liberties are destroyed; when their implements of husbandry and manufaccharters and their rights are sacrificed to ture. They have united in the rejection the vindictive spirit of the moment; when of luxury and superfluous enjoyment. you thus tear up all their privileges by They have suppressed their public diverthe roots; is there a country under hea- sions, formerly common enough in their ven, breathing the last gasp of freedom, great and wealthy towns; and every man that will not resist such oppressions, and attaches himself wholly to the great vindicate, on the oppressors' heads, such business of his country. Such is the violations of justice? state of America. She has curtailed her expences; she has reduced her table; she has clothed herself in mean and coarse stuffs; she has adopted the wise system of frugal industry. Her wants can be only ideal, imaginary, nothing.

Now, my lords, whether the proposed measure of severity be practicable or not, also most seriously deserving of your lordships' attention. To conquer a great continent of 1800 miles, containing three millions of people, all indissolubly united on the great Whig bottom of liberty and justice, seems an undertaking not to be rashly engaged in. It is said by a noble lord (Dudley) that only our mildness and lenity save them from utter desolation, and prevent our carrying fire and sword through their country. But I be

But, my lords, what will be the state of this civilized, enlightened, dissipated and debauched country? How shall the want of American commerce be supplied, of that commerce which contributes the means of your luxury, of your enjoyments, of the imaginary happiness of this country? We may feel the loss of American