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had no such intention, and think they unjustly suffer by the imputation of it, it would be injurious to the reverend bench, as well as to the argument, not to say I am strengthened in my objections to the Bill, by their lordships' declarations, of their having been uniformly as well as unanimously against it. RADNOR." The Bill passed without further opposition.

Debate in the Commons on the Representation and Remonstrance of the General Assembly of New York.] May 15. Mr. Burke said, he had in his hand a paper of importance. That it was from the General Assembly of the province of New York, a province which yielded to no part of his Majesty's dominions in its zeal for the prosperity and unity of the empire, and which had ever contributed as much as any, in its proportion to the defence and wealth of the whole. That it was a complaint, in the form of a Remonstrance, of several acts of parliament, some of which, as they affirmed, had established principles, and others had made regulations subversive of the rights of English subjects. That he did not know whether the House would approve of every opinion contained in that paper; but as nothing could be more decent and respectful than the whole tenor and language of the Remonstrance, a mere mistake in opinion upon any one point, ought not to hinder them from receiving it, and granting redress on such other matters as might be really grievous, and which were not necessarily connected with that erroneous opinion. They never had before them so fair an opportunity of putting an end to the unhappy disputes with the colonies as at present; and he conjured them, in the most earnest manner, not to let it escape, as possibly the like might never return. He thought this application from America so very desirable to the House, that he could have made no sort of doubt of their entering heartily into his ideas, if the noble lord (North) some days before, in opening the budget, had not gone out of his way, to pass a panegyric on the last parliament; and in particular to commend as acts of lenity and mercy, those very laws, which the Remonstrance considers as intolerable grievances. This circumstance, indeed, did somewhat abate the sanguine hopes of success which he had entertained from this dutiful procedure of the colony of New York. That he was

so ill as not to be able to trouble them, if he were willing, with a long speech. He had several times in the session expressed his sentiments very fully upon every thing contained in that Remonstrance; as for the rest it spoke so strongly for itself, that he did not see how people in their senses Ccould refuse at least the consideration of so reasonable and decent an Address. He then moved, "That the Representation and Remonstrance of the General Assembly of the colony of New York be brought up."

Lord North moved, That the entry in the Journals of the House, of the 7th of December, 1768, of the proceedings of the House, touching the Petition of the representatives of freemen in assembly of Pennsylvania, then offered to be presented to the House, might be read. He also moved, That an Act made in the 6th of his present Majesty, intituled, An Act for the better securing the dependency of his Majesty's dominions in America upon the crown and parliament of Great Bri tain, might be read, and the same were read accordingly. He spoke greatly in favour of New York, and said that he would gladly do every thing in his power to shew his regard to the good behaviour of that colony but the honour of parlia ment required, that no paper should be presented to that House, which tended to call in question the unlimited rights of parliament. That they had already relaxed in very essential points; but could not so much as hear of any thing which tended to call in question their right of taxing. As to the Quebec duties, by which the province of New York was af fected, as he did not pretend to be infalli ble, he confessed they were not laid ex actly as they ought to be, and he was wil ling to give satisfaction in that point im mediately. This however was but a trifle to the general objects of the Remonstrance. He then moved an Amendment, by inserting after the word Remon strance' the words in which the said as sembly claim to themselves rights deroga tory to, and inconsistent with, the legisla tive authority of parliament, as declared by the said Act.'

Mr. Cruger. No person can be less disposed to trouble the House than I am; but when a subject so important and interesting is before us, I am confident I shall be forgiven, though I intrude on your patience for a few minutes. Sir, I pant after peace between this country and its

crisis, wholly disregard the opinion of their sister colonies, and indeed, every lover of this liberal constitution cannot but, at least, forgive the apprehension and disquietudes of freemen, under a claim which stamps them with the character of slaves. I mean the claim held up by this country of binding them, without the consent or security of their own representatives, in all cases whatever-than which there cannot be a more complete description of the most ignominious servitude; and it is reserved to distinguish the administration of this day-to assign as a reason for rejecting a petition from British subjects and in an English House of Commons, that they claimed a right of giving and granting their own money by their own representatives.

colonies, and will gladly join my feeble voice to any proposal or overture that tends to an amicable settlement of the dispute. Any other mode of determining must inevitably injure both. The strength and prosperity of Great Britain and America have a common foundation; they stand on the same basis, and one cannot be shaken without endangering the other. It is therefore the interest of both parties to discover a disposition to be reconciled, not to be too severe in marking each others errors, to remember their old friendship, and calmly and dispassionately advance to a renewal of confidence for the future. The assembly of New York have pursued this path; they have endeavoured to put a truce to resentment and tumult, and, while the other colonies (in the frenzy of riot, commotion, and despair) have nearly annihilated the powers of their legislatures, and rush on to civil war, they dutifully submit their complaints to the clemency of the mother country.

And, Sir, as a refutation of many unjust charges alleged against them, they particularly disclaim all intentions and desire of independence. They confess the necessity of a superintending power in parliament, and explicitly state their conviction of its utility and equity when exercised for the regulation of trade. They look up to the legislature for redress; they entreat the exertions of its wisdom and benevolence to propose and adopt some method to terminate the present destructive dispute, for the happiness and to the satisfaction of both countries. They gratefully acknowledge the blessing which they have derived from the parental state; they deeply lament the interruption of your affection, and hope to avert your indignation by remonstrance and prayer. What more humble would Englishmen ask from Englishmen and the sons of Englishmen? Permit me then, Sir, to beseech the House not to turn a deaf ear to their

Such conduct, Sir, cannot but meet the approbation of this House. The legislature cannot but invite subjects thus peacefully to pursue every legal way of redress: on the contrary, should this application be attended with no success, the colonies will be discouraged from such attempts, and the assembly of New York be driven into the common stream of opposition, to escape the charge of ineffectual and imprudent singularity. Although almost every other colony on the continent has transferred the business of petitioning from their own proper legislature to a general congress, the province of New York has ventured to be singular in reverence and obedience to her colonial constitution, and has resolutely adhered to her duty, uninfluenced by the example of her neigh-requests; but to embrace the first favourbours.

Policy and justice recommend the encouragement of such a spirit and conduct. It will induce others to copy their example; the citizens of New York have, during the present unhappy dispute, distinguished themselves by their temperate conduct. If they meet the protection and patronage of government, they will be animated to pursue the same path with greater alacrity and firmness. In their present addresses to the throne, and both Houses of Parliament, though they may have extended their claims and complaints a little too far, still let us make a generous allowance for the difficulty of their situation: they could not at this particular

able opportunity of bringing them back to their duty, and leading them on to higher acts of obedience by new instances on our part, of mildness, remission and friendship.

Mr. Cornwall said it was contrary to every idea of the supremacy of parliament to receive a paper in which the legislative rights of parliament were denied; before such a paper could be brought up, the Declaratory Act ought to be repealed: but the paper was not of that magnitude; it was only from 26 individuals.

Mr. Jenkinson, on the same side, urged that the House had never received petitions of this nature: but that here the name of a petition was studiously avoided, lest any thing like an obedience to parlia

ment should be acknowledged. The opposition of the colonies was not so much against the tax which gave rise to the present dispute, as to the whole legislative authority of parliament, and to any restrictions of their trade. He reprobated every part of the Remonstrance, and therefore was not for suffering so disrespectful a paper to be brought up.

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Mr. Aubrey. Sir, as I have ventured to deliver my sentiments here upon some occasions, I am unwilling to give a silent vote upon this; because I think it a very critical as well as a very important one. The petitioners, 'tis true, who now apply to us, remonstrate against our right of internal taxation; but they acknowledge, with great decency and respect, the supreme government of this legislature over the whole empire, as well as its authority, to the utmost extent, to regulate the trade and commerce of the colonies, and at the same time they give us the strongest assurances, that they are, as they ever have been, ready to bear their full proportion of aids, whenever the crown, with the consent and approbation of parliament, may make such requisitions as the public service shall call for." Sir, this Remonstrance may be in opposition to our Declaratory Act: but it is in defence of their customary and prescriptive exemption from British taxation; the loss of which exemption will put them into the condition of slaves, whose all will depend only upon the justice or generosity of their masters. Though I am ready, Sir, to declare in the words of the greatest minister this country knows, that I think "we have no right under heaven to tax the Americans without their consent;" yet for the sake of argument, I will admit that such a right if we reason strictly and logically, may be made out partly from the words of some of their charters, and partly upon the nature of sovereignty itself: but whatever the right may be, every one knows that till of late it was never exercised, and was therefore grown at best obsolete, if a thing never practised can properly be called so. Now, a right that is become obsolete is very near akin to no right at all; and when revived is as offensive as if it had never previously existed. Among the oppressive measures of Charles the 1st, it was none of the least that he revived obsolete claims. Indeed some of our modern historians (and those I allude to are at present most in fashion) have reduced the whole of his oppressions to this deno

mination: but, Sir, this nation was incensed, and the greater part rose in arms against him for this practice. And do we wonder that the Americans are so little disposed to claims that had laid dormant so long, and which few of them, if any, had ever so much as heard of?-After looking backward to the origin of this right, let us now look forward to its consequences. And here the Americans seem equally excusable for not admitting a principle which may be abused to their ruin, and which is not unlikely to be so abused. Whenever a minister wants money for bad purposes, and finds the nation clamorous against his raising it at home, what so natural for him as to supply his wants by the plunder of another nation, whose clamours either do not reach him, or from their distance are too weak to disturb his repose. The temptation, Sir, is as great as the necessities of ministers are frequent; and both together will easily overcome their scruples. I cannot therefore think that the Americans can be too tenacious of that customary privilege of taxing themselves, which is their only security against being reduced to beggary and famine. And I shall only farther add, that as long as government persists in attempting to tax the Americans without their consent, so long shall I think myself justified in taking every opportunity of voting on the side of that oppressed, perhaps I might say, devoted people.

Mr. Fox said, the right of parliament to tax America, was not simply denied in the Remonstrance, but as coupled with the exercise of it. The exercise was the thing complained of, not the right itself. When the Declaratory Act was passed, asserting the right in the fullest extent, there were no tumults in America, no op position to government in any part of that country: but when the right came to be exercised in the manner we have seen, the whole country was alarmed, and there was an unanimous determination to oppose it. The right simply is not regarded; it is the exercise of it that is the object of opposition. It is this exercise that has irritated, and made almost desperate several of the colonies; but the noble lord (North) chuses to be consistent; he is determined to make them all mad alike. The only province that was moderate, and in which England had some friends, he now treats with contempt. What will be the consequence, when the people of this moderate province are informed of this

treatment? That representation which the | to adopt the measures recommended by the congress, was negatived by a majority of one only, in this assembly of 26 individuals, the ministers were in high spirits; and these individuals were then represented as all America.

The House divided upon lord North's amendment. The Yeas went forth. Tellers.

YEAS

Lord Cranborne
Mr. Gascoyne

NOES Mr. Ald. Sawbridge
Marquis of Granby

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So it was resolved in the affirmative. Then the main question, so amended, being put, "That the said Representation and Remonstrance, in which the said assembly claim to themselves rights derogatory to, and inconsistent with, the legislative authority of parliament, as declared by the said Act, be brought up ;" it passed in the negative.

cool and candid of this moderate province
had framed with deliberation and caution,
is rejected, is not suffered to be presented,
no not even to be read by the clerk.
When they hear this, they will be in-
flamed, and hereafter be as distinguished
by their violence, as they have hitherto
been by their moderation. It is the only
method they can take to regain the esteem
and confidence of their brethren in the
other colonies, who have been offended at
their moderation. Those who refused to
send deputies to the congress, and trusted
to parliament, will appear ridiculous in the
eyes of all America; it will be proved,
that those who distrusted and defied par-
liament, had made a right judgment; and
those who relied upon its moderation and
clemency, had been mistaken and duped.
The consequence of this must be, that
every friend the ministers have in Ame-
rica, must either abandon them, or lose all
credit and means of serving them in fu-
ture. The noble lord acknowledges the
Quebec duties are not laid exactly as they
ought to be. This matter is not intro-"
duced in the Remonstrance on account of
its being a grievance; but to shew how
extremely ignorant the present ministers
are of the proper mode of American tax-
ation. What is there to hinder the people
of New York from trading with the in-
terior country as before? Every thing is
just the same; there are no troops to
hinder them passing and repassing as
usual. Is there so much as an officer to
receive that duty which is directed to be
paid? It is mentioned, to convince you of
your ignorance in taxing America. You
make an act of parliament to raise a re-
venue in that country, and you not only
make a capital blunder in it, but stumble
at the threshold of collecting it.

Governor Johnstone observed, that when Mr. Wilkes had formerly presented a petition full of matter, which the House did not think fit to enter into, they did not prevent the petition being brought up; but separated the matter which they thought improper, from that which they thought ought to be heard. The House might make use of the same selection here. Ministers have long declared, they wished for a dutiful application from one of the colonies, and now it is come they treat it with scorn and indignity. He was severe on Mr. Cornwall's saying it came only from 26 individuals. These 26 are the whole assembly. When the question

The following is a Copy of the Remon

strance:

The REPRESENTATION and REMON-
STRANCE of the General Assembly of
the Colony of New York.
"To the honourable the Knights, Citi-
zens, and Burgesses of Great Bri-

tain in Parliament assembled.
"Impressed with the warmest senti-
ments of loyalty and affection to our most
gracious sovereign, and zealously attached
to his person, family, and government,
we, his Majesty's faithful subjects, the re-
presentatives of his ancient and loyal
colony of New York, behold with the
deepest concern the unhappy disputes
subsisting between the mother country
and her colonies, convinced that the
grandeur and strength of the British em-
pire, the protection and opulence of his
Majesty's American dominions, and the
happiness and welfare of both, depend es-
sentially on a restoration of harmony and
affection between them ;-we feel the most
ardent desire to promote a cordial recon-
ciliation with the parent state, which can
be rendered permanent and solid only by
ascertaining the line of parliamentary au-
thority, and American freedom, on just,
equitable, and constitutional grounds. To
effect these salutary purposes, and to re-
present the grievances under which we
labour, by the innovations which have
been made in the constitutional mode of
government since the close of the last war,

we shall proceed with that firmness, which becomes the descendants of Englishmen, and a people accustomed to the blessings of liberty, and at the same time with the deference and respect which is due to this august assembly, to shew,

That from the year 1683, till the above-mentioned period, this colony has enjoyed a legislature, consisting of three distinct branches, a governor, council, and general assembly, under which political frame the representatives of the people have uniformly exercised the right of their own civil government, and the administration of justice in the colony.

"It is therefore with inexpressible grief that we have of late years seen measures adopted by the British parliament, subversive of that constitution under which the good people of this colony have always enjoyed the same rights and privileges so highly and deservedly prized by their fellow subjects in Great Britain; a constitution in its infancy modelled after that of the parent state, in its growth more nearly assimilated to it, and tacitly implied and undeniably recognized in the requisitions made by the crown, with the consent and approbation of parliament.

causes civil and criminal, arising within the colony, we consider as essential to the security of our lives and liberties, and one of the main pillars of the constitution, and therefore view with horror the construction of the statute of the 35th Henry 8th, as held up by the joint address of both Houses of Parliament in 1769, advising his Majesty to send for persons guilty of treasons, and misprisions of treasons, in the colony of Massachuset's Bay, in order to be tried in England; and we are equally alarmed at the late Acts, impowering his Majesty to send persons guilty of offences in one colony to be tried in another, or within the realm of England.

"When we consider that the cognizance of causes arising on the land, has by the wisdom of the English constitution been appropriated to the courts of common law, and the jurisdiction of the admiralty confined to causes purely marine, we regard the great alterations that have been made in that wholesome system of laws, by extending the powers of the courts of admiralty, authorising the judges' certificates to indemnify the prosecutor from damages he might otherwise be liable to, giving them a concurrent jurisdiction with the courts of common law, and by that means depriving the American subject of his trial by a jury, as destructive to freedom, and injurious to our property.

"We must also complain of the Act of the 7th of George the 3d, ch. 59th, requir ing the legislature of this colony to make provision for the expence of supplying troops quartered amongst us, with the necessaries prescribed by that law: and holding up by any other act a suspension of our legislative powers till we should have complied, as it would have included all the effects of a tax, and implies a distrust of our steadiness to contribute to the public service.

"An exemption from internal taxation, and the exclusive right of providing for the support of our own civil government, and the administration of justice in this colony, we esteem our undoubted and unalienable rights, as Englishmen ; but while we claim these essential rights, it is with equal pleasure and truth we can declare, that we ever have been, and ever will be ready to bear our full proportion of aids to the crown for the public service, and to make provision for the necessary purposes, in as ample and adequate a manner as the circumstances of the colony will admit. Actuated by these sentiments, while we address ourselves to a British House of Commons, which has ever been so sensible of the rights of the people, and so tena- "Nor in claiming these essential rights cious of preserving them from violation, do we entertain the most distant desire of can it be a matter of surprize, that we independence on the parent kingdom; should feel the most distressing apprehen- acknowledge the parliament of Great Bri sions from the act of the British parlia- tain necessarily entitled to a supreme diment, declaring their right to bind the co-rection and government over the whole lonies in all cases whatever? A principle empire, for a wise, powerful, and lasting which has been actually exercised by the preservation of the great bond of union statutes made for the sole and express and safety among all the branches; their purpose of raising a revenue in America, authority to regulate the trade of the coespecially for the support of government, lonies so as to make it subservient to the and the other usual and ordinary services interest of the mother country, and to prevent its being injurious to the other parts of his Majesty's dominions, has ever

of the colonies.

"The trial by jury of the vicinage in

we

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