prerogative whatsoever; the prerogative of the crown, ordinarily exercised for prorogations and diffolutions, only excepted. [Capt. de Lancey moved for the following addition to the third refolve, viz. "And, therefore, that the act of parliament fufpending the legislature of this colony, is a high infringement of the freedom of the inhabitants of this colony, and tends to deprive them of their natural and constitutional rights and privileges?" and a debate arifing upon the faid motion, and the question being put, Whether the faid words fhould be added? it was carried in the negative.]`

Refolved, nemine contradicente, That it is the opinion of this committee, That this House has an undoubted right to correspond and confult with any of the neighbouring colonies, or with any other of his Majefty's fubjects out of this colony, or belonging to any part of his Majesty's realm or dominions, either individually or collectively, on any matter, fubject, or thing what foever, whereby they fhall conceive the rights, liberties, interests, or privileges of this house, or of its constituents, are or may be affected.

Ordered, That a committee be appointed to correfpond with the agent of this colony at the court of G. Britain, during the recefs of this houfe; and be hereby authorised to correfpond and confult, during fuch recess, with any other his Majefty's fubjects out of this colony, or be longing to other parts of his Majesty's realm or dominions, either individually or collectively, on any matter, fubject, or thing whatsoever, whereby the rights, interests, or privileges, of this House, or its conflituents, are or may be affected.

Ordered, That the members for the city and county of New York, and thofe of Richmond and King's counties, together with foch other members as refide in the city of New York, be a committee for this purpose: That every member of this House, who fhall attend, have a vote: That the faid committee fhall not tranfmit out of this colony, any letter or other writing, until the fame fhall be figned by a majority thereof; and that they report all their tranfactions at every fubfequent meeting of this Houfe.

[Of these proceedings the Governor being informed, he fent a me fiage that fame day, requiring the immediate at tendance of the houfe in the councilchamber, with the acts ready for the Go

vernor's affent. Those acts, to the num ber of thirty, being pailed, bis Excellency prorogued the affembly till Jan. 2. and then diffolved it by the following fpeech.]

GENTLEMEN,

THE addrefs prefented to me on the 23d of November la!t, in answer to my meilage concerning the riot which was infolently attempted in this city fince the meeting of the house of assembly, gave me the most fanguine expectations, that the prefent fellion would have ter minated with honour to yourselves, and real benefit to your constituents. The general abhorrence without doors, of all immoderate measures, confirmed me in thefe fentiments; and it is with the utmost concern I am now under the neceffity of expreffing myself in term as painful and difagreeable to me as they poffibly can be to the house.

The extraordinary nature of certain refolves lately entered in your journals, fome flatly repugnant to the laws of G. Britain, and others with an apparent tendency to give offence, where common prudence would avoid it, have put it out of my power to continue this affembly any longer.

I obferve by your journals, that you have prepared representations of the state of the colony to be prefented to his Majefty. Claims that refpect the fupremacy of G. Britain are of fo important and delicate a nature, that every motive of duty and interest urge you at this critical juncture, to avoid offence, and conci. liate a favourable audience to your petitions: from the late affurances you gave me, I hope they are expressed in fuch terms of decency and respect as may recommend them to the royal ear, and merit the attention of the parlia ment.

For my own part, I have steadily aimed at, and shall still continue my endeavours, to promote the profperity of the colony; and I cannot help lamenting, that you have fuffered an intemperate heat fo far to prevail in your houfe, that my duty forbids me to countenance your prefent conduct; for, after you had once refolved to lay your cafe before his Ma jefty, it must evidently appear, that the meatures you have fince purfued, were not only unneceffary, but, in the precent exigency of affairs, dangerous to the colony.

I ftill entertain fo good an opinion of

the

the house in general, that I am willing to impute these proceedings to error, and fhall, in my reprefentations of them to his Majefty, place them in the propereft light to prevent, as far as lies in my power, any unfavourable mifconceptions of the people committed to my care, and do that juftice which is required at my hands to the many, who have the real intereft of the country at heart, and who have wished to fee fairer profpects of advantage derived to the community from your feffion, than the conclufion of it feems to promise.

I do now, in his Majesty's name, diffolve this affembly, and this affembly is hereby diffolved accordingly. H. MOORE.

[The refolutions of Dec. 31. when received in England, gave great offence to the my; and, upon reading of them, the merchants of London were advised to make no further reprefentations in favour of the Americans. Gent. Mag.]

SIR, Clifton, Feb. 6. 1769. IF the voice of a well-meaning indivi

dual could be heard amidst the clamour, fury, and madness, of the times, would it appear too rafh and prefumptuous to propofe to the public, that an act of indemnity and oblivion may be made for all paft tranfactions and offences, as well with refpect to Mr Wilkes as to our colonies? Such falutary expedients have been embraced by the wifeft nations; -fuch expedients have been made use of by our own, when the public confufions had arrived to fome very dangerous and alarming crifis; and I believe it needs not the gift of prophecy to foretell, that fome fuch crifis is now approaching. Perhaps it will be more wife and praife-worthy to make fuch an act immediately, in order to prevent the poffibility (not to fay the probability) of an infurrection at home, and in our dependencies abroad, than it will be to be obliged to have recourfe to one after the mischief has been done, and the kingdom has groaned under all the miferies that avarice, ambition, hypocrify, and madnefs, could inflict upon it. An act of grace, indemnity, and oblivion, was paffed at the restoration of K. Charles II.; but I will venture to fay, that had fuch an act been feasonably paffed in the reign of his unhappy father, the civil war had been prevented, and no reftoration had been neceflary. Is it too late to recall

all the meffengers and edicts of wrath? -Cannot the money that is now wafted in endless and mutual profecutions, and in ftopping the mouth of one perfon, and in opening that of another, be better employed in erecting a temple to Concord?-Let Mr Wilkes lay the first stone! and fuch a stone as I hope the builders will not refule. May this parliament, to ufe Lord Clarendon's expreffion, be called the healing parliament! May our foul wounds be cleanfed, and then closed! The English have been as famous for good-nature as for valour; let it not be faid, that fuch qualities are degenerated into favage ferocity! If any of my friends in either houfe of legiflature, fhall condescend to liften to and improve thele hints, I fhall think that I have not lived in vain. WILLIAM DRAPER.

I

To. Sir WILLIAM DRAPER. SIR,

Have read your letter with all the refpect and attention which is due to your general character, and to your per

fonal conduct.-You have there mentioned two circumstances, the American affair, and that of Mr Wilkes; but as the former does not seem to require fo immediate a confideration, I fhall only fpeak to the latter. You recommend an act of indemnity and oblivion for past offences on all fides, that all meffengers and edits of wrath be recalled, that a temple be erected to Concord, and that Mr Wilkes lay the first stone.—I do firmly believe that you meant to fecure the peace and welfare, the honour and intereft of your country, by that propofal. The gallant, the generous conqueror of the Manillas, could have no private meaning, where the public is concerned. But yet I do as firmly believe, that the means you have propofed would not anfwer the end you have designed. Confider, Sir, the man in whole favour you have pleaded for this act of indemnity. I will not meddle with his private character; and with regard to his public conduct, I will peak of him, under the fauction of a great and refpectable affembly, as the author of a falfe, fcandalous, and feditious libel, containing expreffions of the most unexampled infolence and contumely towards his Majefty, the groilect afperfions upon both Houses of Parliament, and the most audacious defiance of the authority of the whole legislature,

and

and most evidently tending to alienate the affections of the people from his Ma jefty, and to withdraw them from their obedience to the laws of the realm, and to excite them to traitorous infurrections against his Majesty's government [xxv. 628.]. The only remark I thall draw from the defcription of the paper here mentioned is this, that it has produced in fact every fatal confequence to which it was then fuppofed to have a tendency. And this I may venture to af firm without any reflection on the legal knowledge, or the political forefight of the late Lord Chief Juftice of the Commons Pleas [xxv. 243.]. Another offence, for which Mr Wilkes ftands committed, you will give me leave to fpeak of, as modeftly described by himself, a few days ago, at the bar of the H- of C

an Effay on Woman, tending to blaf pheme God. Of these two works he was not only voted the author, by a refolution of both houfes of parliament, but he was convicted of them by a jury of his countrymen.

The fucceeding part of his conduct I shall not now confider; it has already been taken notice of in parliament, and with what event is well known; it will foon come under the cognisance of a jury, and I have not the leaft defire to forestall their verdict. Here then I leave bim for a time to your own better confideration; but before I part with him, I will tell you my own opinion in a few plain words. A legiflature audaciously defied, and a parliament most grofsly afperfed; a Sovereign infulted, and a God blafphemed; a religion trampled under foot, and a conftitution of government bleeding at every pore from the stabs of an affaflin, call not for an act of indemnity, but for an act of ar.

Where the criminal has offended through mistake, or a mifguided zeal, where he fubmits with decency to the fentence of the law, and is willing to accept, as an act of grace, that favour which he has no pretenfions to claim as a right, the voice of mercy may plead for pardon at the throne of justice, with fome degree of propriety: but where the convicted criminal boasts of his offence, and triumphs in his guilt; where he in fults the laws, and defies the authority of his country; and where the act of mercy itself, however undeserved, would be received with contempt, the fword of justice thould strike home; and whatever

be the feelings of the man, the member of fociety must applaud the blow. And as to the confequences, they will have nothing to anfwer who carry the laws into execution, and fupport the adminiftration of public justice. -Nor perhaps may the consequences be lo dreadful as you, Sir, feem to imagine. Titus Oates, and Henry Sacheverell, were, in their days, the tools of a faction, and the champions of a party: they had more partilans than Mr Wilkes could ever boast of; they had the populace to attend them, they had the city of London, and a Lord Mavor into the bargain; they had a great number of respectable friends in both houfes of parliament; and they had a little party at court: and yet the law of this country took effect against them, in spite of all oppofition. — And if the adminiftration would be united among themfelves for a few hours, if they will once lay afide their private views, and attend to a public point of great importance, the ftouteft hero of oppofition, either in or out of the boufe, will foon fhrink from the contest, and will confefs, that law, fupported by government, magna est, et prævalebit [iii. 520.]—There is virtue enough left in this country to fave it, if it be well directed, and properly exerted: nor is it the city of London, nor the county of Middlefex; nor is it the continent of America, nor the continent of Europe united, that can fhake the conftitution of this kingdom, if it stand on just ground.

But if that is not to be the cafe; if the law must be fufpended, because the government is not able to carry it into execution, actum est de Roma. I have read, Sir, of a mob led Queen; but God forbid I thould ever live to see a mob-led fe

nate.

One word more, and I have done : May the temple of Concord be foon erected, and may it stand firm; but I must confefs, that Mr Wilkes would be the laft man in the kingdom whom I fhould have felected to lay the first stone.

I am forry that I have been under the neceffity of telling you, how much I differ from you with regard to this important point; but you will give me leave to add, that I am, with great truth, and with the moft fincere respect,

Sir, your most obedient, and most humble fervant, A Man of Middlesex. London Chronicle, Feb. 16.

96

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Religion, Morality, Controversy, &c. Novum teftamentum Græcum, cum fcholiis theologicis et philologicis. 2 vols. 12 s. Bladon.

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The rights of the colonies, and the extent of the legislative authority of G. Britain, briefly stated and confidered. 6d. Nourfe. taxation

The great points of reprefentation and

-

Natural History, Medicine, &c. city, made at Philadelphia, in America, by Experiments and obfervations on electriBenjamin Franklin, LL. D. and F. R. S. 10 s. 6 d. F. Newbery. [18. 68.] Hortus Kewenfis: Siftens herbas exoticas, indigenafque rariores, in area botanica hor torum Auguftiffimæ Principifle Cambriæ Dotiffe, apud Kew, in comitatu Surreiana cultas ; methodo florali nova difpofitas. 1768. Auctore Johanne Hill, M. D. 55. Balduin,

taxation are here decided against the colonies by a very fenfible writer; who holds, "That conftitutional rights cannot, from their very nature, have an existence in any other foil than that which gave them birth.' "They fpring", fays he, "from the genius of the conftitutional power, and must be carefully watched under its immediate infpection." "That power alone, then," he adds, "can diftribute fuch of those privileges as the shall think proper, when the suffers a fubject to withdraw from under her eye, and to make fettlements in diftant countries :" and thefe, he concludes, “ may be more or less extenfive, as circumstances may require, but must be derived from the fame fource." In any other fenfe, he deems "a colonist not a fubject fuffered to tranfplant himfelt for the benefit of his native country, but an unnatural rival, nurtured for her deftruction."-This author's ideas of colonifa

tion, however, will, we believe, be difpu ted by our American brethren; the confequence of his grand pofition being, they will fay, obviously nothing less than SLAVERY: for if the colonists have not an inherent right to the privileges of the mother-country, and yet are held in dependency on her,

what better name can befit the state in which

this writer has left them? In this style fome

zealous advocates for the colonies have declaimed; but declaiming is not reafoning. M.

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