Mr. Dunning was replied to by Mr. Wedderburne, whose naturally sharp tongue was on this occasion rendered still sharper by his friendship for Mr. Whately who was lying between life and death. After reviewing the arguments of the opposite counsel, Wedderburne directed himself to an inculpation of the assembly and people of Massachusets; in the course of which he attacked Dr. Franklin in a strain of bitter invective, on the ground of having violated private confidence in the disclosure of the letters. He observed, "These could not have come to Dr. Franklin by fair means; the writers did not give them to him, nor yet did the deceased correspondent, who from our intimacy, would otherwise have told me of it. Nothing then will acquit Dr. Franklin of the charge of obtaining them by fraudulent or corrupt means, for the most malignant of purposes, unless he stole them from the person who stole them.... I hope, my lords, you will mark and brand the man for the honour of this country, of Europe, and of mankind. Private correspondence has hitherto been held sacred in times of the greatest party rage, not only in politics, but religion;—he has forfeited all the respect of societies and of men. Into what companies will he hereafter go with an unembarrassed face, or the honest intrepidity of virtue? Men will watch him with a jealous eye; they will hide their papers from him, and lock up their escrutoires; he will henceforth esteem it a libel to be called a man of letters; homo trium literarum! He not only took away the letters from one brother, but kept himself concealed till he nearly occasioned the murder of the other. It is impossible to read his account, expressive of the coolest and most deliberate malice, without horror." Wedderburne concluded with this indignant burst of feeling:—"Amidst tranquil events, here is a man who, with the utmost insensibility of remorse, stands up and avows himself the author of all. I can compare him only to Zanga, in Dr. Young''s Revenge:—

'Know, then, 'twas I. I forged the letter—I disposed the picture—I hated—I despised—and I destroy'

I ask, my lords, whether the revengeful temper attributed to the bloody African, is not surpassed by the coolness and apathy of the wily American?"

It is said that during this celebrated invective the members of the council laughed with exultation; none preserving a decent gravity, except Lord North. On the other hand, Franklin is said to have heard it all with composure, standing erect in one corner of the room, and not suffering the slightest alteration of his countenance to be visible. The words of Wedderburne, however, coupled with the derisive and exulting laugh of the council, sank deep into the soul of Franklin. He appeared in a full dress of spotted Manchester velvet, and it is said that, when he returned to his lodgings he took off this dress, and vowed he would never wear it again until he should sign the degradation of England and the independence of America. After proceedings against him tended to perpetuate that feeling. Hitherto he had been allowed to retain the profitable place of post-master general for America, but three days after the meeting of the council, he was dismissed by letter from that office. The report of the council also, on the subject of the petition, tended to confirm him in feelings of hostility toward the British government. It stated "that the petition was founded on resolutions which were formed on false and erroneous allegations: that it was groundless, vexatious, scandalous, and calculated only for the seditious purpose of keeping up a spirit of clamour and discontent in the province: that nothing had appeared to impeach in any degree the honour, integrity, and conduct of the governor or deputy-governor; and that their lordships were humbly of opinion that the said petition ought to be dismissed." Moreover, the sympathy which Franklin met with from some of the leading members of the opposition, tended still further to embitter the passions which had been roused in the mind of the philosopher. That boastful patriot himself—the great Earl of Chatham—hastened to express his sympathy with Franklin, and his detestation of the treatment he had received from Wedderburne and the government. It is due to the character of Chatham, however, to say that had he been aware of Franklin's extreme intentions, he would, instead of affording him his sympathy, have joined with Wedderburne in holding him up to public contempt. That great orator, indeed, at all times, whether in office or out of office, whether in favour of the measures of government or banding against them, invariably held that the dependence of the colonies was absolutely and vitally essential, not merely to the honour and greatness and wealth of the mother country, but also to her safety and existence. He had, in truth, asserted that the moment America should be free, wholly independent of, and separated from Great Britain, the sun of England would set for ever. It cannot be, therefore, supposed for one moment, that he would willingly and knowingly have aided in lopping this fair and fruitful branch from the parent tree. In point of fact, Franklin endeavoured, to conceal his extreme views from the public eye; for while in private life, and to bosom friends, he stated his unalterable resolution of procuring the independence of America, he was openly professing to his best advocates, the leaders of the opposition in both houses of parliament, that the wish dearest to his heart—in common with the hearts of all honest Americans—was a continuance of the connexion with his dear old mother country!

{GEORGE III. 1773-1775}



PARLIAMENTARY PROCEEDINGS AGAINST AMERICA.

At length intelligence arrived in England concerning the alarming transactions in America. The news excited strong national resentment, so that when the subject was brought before parliament, ministers had not to encounter any formidable opposition to the measures they proposed in order to meet the case. It was on the 7th of March that Lord North introduced this subject to the house. On that day he delivered a message to the members from the king, in which a design was intimated of correcting and preventing such disorders, and submitted a vast mass of documents from the governor of Boston, and other persons in authority for their inspection. In reply to this message, a motion was made for an address to the throne, to return thanks for it, and the gracious communication of the papers, with an assurance that they would not fail to exert every means in their power of effectually providing for objects so important to the general welfare as maintaining the due execution of the laws, and securing the just dependence of the colonies upon the crown and parliament of Great Britain. Some few opposed this address, although they admitted that the conduct of the Bostonians and Rhode Islanders was exasperating in the highest degree; but the motion was nevertheless carried without a division. Following up this address, on the 14th of March, Lord North moved for leave to bring in a bill "for the immediate removal of all officers concerned in the collection and management of his majesty's duties and customs from the town of Boston; and to discontinue the landing and discharging, lading and shipping, of goods, wares, and merchandize at the said town of Boston, or within the harbour thereof." This bill encountered scarcely more opposition than the address had met with. On its first introduction it was received with general applause, and it was pushed on with such vigour that it passed through both houses within fourteen days, and on the 31st of March it received the royal assent: the trade of Boston was annihilated.

While the Boston Port Bill was before the lords, North, in a committee of the whole house, brought in a bill "for better regulating the government of Massachusets Bay." The object of this bill was to alter the constitution of that province as it stood upon the charter of William III.; to do away with the popular elections, which decided everything in that colony; to take the executive power out of the hands of the democratic party; and to vest the nomination of the members of the council, of the judges, and of magistrates, including sheriffs, in the crown, and in the king's governor. In support of this bill, Lord North said, that the province of Massachusets Bay had been turbulent beyond all bearing, and had set an ill example to all the colonies; that an executive power was required in that province, inasmuch as the force of the civil power consisted solely in the posse comitatus: that is, in the very people by whom the tumults were excited. He asked if the democratic party exhibits a contempt for the laws, how any governor was to enforce them, if he had not the power either of appointing or removing magistrates? He could now, he said, give no order without the assent of seven members of the popularly elected council; and he urged that it was in vain laws and regulations were made in England, when there were none found to execute them in America. In conclusion, he expressed a hope that the present bill would create an executive power, and give strength and spirit to the civil magistracy; and professed himself open to discussion and a change of opinion, if his views were proved to be erroneous.

This bill encountered more opposition than that of the Boston Port Bill, and it was considerably altered in committee. As it stood when presented anew, after the Easter recess, the council of Massachusets Bay was placed on the same footing as the councils of other colonies: the nomination was vested in the crown., and they were to have no negative voice, or power to appoint, as hitherto, the judicial officers of the province. Moreover, the mode of choosing juries was altered, and the continual assemblies and town-meetings held in Boston were not to be convened without the consent of the governor, unless for the annual election of certain officers. The bill, as altered, however, encountered much opposition. In support of it Mr. Welbore Ellis asserted that it was the duty of the legislature to alter or take away charters, if they were abused, or found deficient; and he was supported in these views by Mr. Charles Jenkinson and Mr. Dyson, who argued that in this case the house proceeded, not in its judicial, but in its legislative capacity, regulating and supplying deficiencies in charters granted by the crown. The opposition took a different view of the measure, denouncing it as arbitrary and likely to lead to permanent evils. Thus General Conway could see nothing but increased exasperation, misfortune, and ruin from the adoption of such measures; and he, with other members, asked for more time, and demanded that the province should be heard before an act was passed which would deprive its people of their chartered rights. The opposition, also, argued, that the Bostonians and their neighbours had flourished for nearly fourscore years under their democratic charter, and that, therefore, they ought not now to be deprived of it. Some even asked what crime and errors the New Englanders had really been guilty of, as though they had never heard of the outrages which had been committed. In reply to this latter question, Lord North said, with more than his usual warmth, "I will tell you what the Americans have done: they have tarred and feathered the officers and subjects of Great Britain; they have plundered our merchants, burnt our ships, denied all obedience to our laws and authority! Our conduct has been clement and forbearing, but now it is incumbent to take a different course. Whatever may be the consequence, we must risk something, or all is over." To adopt such a measure as this, however, was clearly risking too much. Governor Pownall, who said that he spoke for the last time on the subject, warned ministers of the more than probable consequences of it, in these terms:—"The measure which you are pursuing will be resisted, not by force or the effect of arms, but by a regular united system. I told this house, four years ago, that the people of America would resist the tax then permitted to remain on them—that they would not oppose power to power, But would become implacable. Have they not been so from that time to this very hour? I tell you again, that they will resist the measures now pursued in a more vigorous way. Committees of correspondence in the different provinces are in constant communication: they do not trust in the conveyance of the post-office; they have set up a constitutional courier, which will quickly grow up to the superseding of your post-office. As soon as intelligence of these affairs reaches them, they will judge it necessary to communicate with each other: it will be found inconvenient and ineffectual to do so by letters. They must confer; they will hold a conference; and to what these committees, thus met in congress, will grow up, I will not say. Should recourse be had to arms, you will hear of other officers than those appointed by your governor Then, as in the late civil wars of this country, it will be of little consequence to dispute who were the aggressors." Sir Richard Sutton spoke in a similar strain; asserting, that though it was not confessed, the Americans were aiming at total independence, and would never again submit quietly to English laws and regulations of trade.

This debate took place on the second reading of the bill. The third reading occurred on the 2nd of May, when Sir William Meredith insisted that the parliament of Great Britain had an indisputable right to lay duties upon the Americans, and to tax them externally. Mr. Thomas Townshend, also, though equally warm as Sir William Meredith in opposition to ministers on general points, gave this measure his decided support. Though averse to meddling with charters, he said, the evils of town-meetings justified interference, and that the institution of juries was properly altered according to the forms of the mother country. Thurlow, the attorney-general, and Lord North spoke in favour of the bill, likewise, on this occasion, the latter expressing a hope that good consequences might arise from its adoption. It was opposed by Mr. Burke, Mr. Charles Fox, and Colonel Barre, the latter of whom reprobated the violence of both houses. "In the lords," said he, "the phrase is, 'We have passed the Rubicon!'—in the commons, 'Delenda est Carthago!'" But opposition was of no avail. The bill was carried by an overwhelming majority in the lower house; and when it was taken into the upper house, though it was severely criticised, opposed, and denounced by a few lords, most of the peers were in its favour, and it passed into a law.

In order to qualify the severity of the bill for regulating the government of Massachusets, Mr. Rose Fuller, on the 19th of April, moved that the house should, that day se'nnight, resolve itself into a committee for taking into consideration the question of a total repeal of the tea duty. This was opposed by Lord North, who contended that no acts of lenity ought to attend their restrictive measures. He argued, that to repeal at this time would show such wavering and inconsistent policy as would defeat the good effects of that vigorous system which had been too long delayed, and which was now adopted. The expediency of the repeal, however, was ably advocated by Mr. Burke. He contended, that from the period of the repeal of the Stamp Act, the practical right of taxing America ought to have been for ever banished from the minds of all statesmen; and he severely exposed the absurdity of continuing a tax merely for the sake of a preamble to an act of parliament, when five-sixths of the revenue intended to be raised by it had been abandoned. Burke then gave a concise detail of our ministerial and political transactions with America; after which he recommended the repeal of this impost as a measure of policy, and advised the house, if they found any ill effects arising from this concession, then at once to stop short, and to oppose the ancient policy and practice of the empire to innovations on both sides. This, he said, would enable them to stand on great, manly, and sure grounds. As for the distinctions of rights he deprecated all reasonings about them. "Leave the Americans," he observed, "as they anciently stood; and these distinctions, born of our unhappy contest, will die with it. Be content to bind America by laws of trade. You have always done so; and let this be your reason for continuing to do it. Do not burden them with taxes; for you were not used to do so from the beginning. These are arguments for states and kingdoms: leave the rest to the schools where alone they can be discussed with safety." The rejection of this advice, he said, would be followed by resistance on the part of the colonies; for if the sovereignty of England and the freedom of America could not be reconciled, the Americans would be sure to cast off sovereignty: no man would be argued into slavery. The opinions which Burke uttered on this occasion were at variance with those expressed on the passing of the Declaratory Act, and with the act itself. He attempted to reconcile them, however, by the nice distinction of a double power in parliament. He remarked:—"The parliament of Great Britain sits at the head of her extensive empire in two capacities—one as the local legislature of this island, with the executive power as her instrument of action; the other and nobler capacity is what I call her imperial character, by which she guides and controls all the inferior and provincial legislatures." In this, he maintained, her power was boundless; and having entered at large on its utility, and the manner in which it had been exercised, he thus concluded:—"It is agreed that a revenue is not to be had from America: if, then, we lose the profit, let us at least get rid of the odium." No arguments, however powerful, were of avail—the motion was negatived.

A third measure of restriction introduced into the commons by ministers was "A Bill for the impartial Administration of Justice in the Cases of Persons questioned for any Acts done by them in the Execution of the Laws, as for the Suppression of Riots and Tumults in the Province of Massachusets Bay, in New England." By this bill the governor, if he found that a person indicted for murder, or any other capital offence, incurred in suppressing such tumults, was not likely to obtain an impartial trial, might send the person so indicted to another colony or to Great Britain, to be fairly tried there. This bill was to be limited to four years, and in support of it Lord North argued, that it was absolutely necessary to give effect to the other coercive measures; that it was in vain to appoint a magistracy that would act if none could be found bold enough to act with them and execute their orders; that these orders would probably be resisted by force; and this force would necessitate force on the side of government, and probably occasion the shedding of blood. He asked, what officers would risk this event if the rioters themselves, or their abettors, were afterwards to sit as their judges? And he alleged, that a precedent was to be found in our own laws, in the case of smuggling, it being customary to remove the trial of smugglers to another county: the Scotch rebels were also, he said, in 1745, tried in England. North next urged, that particular privileges ought to give way on some occasions, and that when the public safety of our own country was endangered even the Habeas Corpus had been suspended. The bill, he remarked, was not meant to screen guilt, but to protect innocence. The Americans, he said, must be taught that we will no longer sit quietly under their insults; and that, being roused, our measures, though free from cruelty and revenge, would be as efficacious as they were necessary. This was the last act, he stated, that he had to propose in order to perfect his plan, and that the rest would depend on the vigilance of his majesty's servants employed in America. In conclusion, he mentioned that four regiments, usually stationed in different parts of North America, had all been ordered to Boston; and that General Gage was appointed governor and commander-in-chief.

This measure was opposed with greater vehemence and better arguments than those which had preceded it. Colonel Barre, who had given a partial support to the Boston Port Bill, denounced it as unprecedented, unwarranted, and as fraught with misery and oppression to America, and with danger to this country. It stigmatised a whole people, he remarked, as persecutors of innocence, and as men incapable of doing justice, whereas the very reverse was the fact. As a proof of the impartiality of Bostonian courts and juries, he instanced the acquittal of Captain Preston and the soldiers who had killed some persons in a riot; and he denied that the instances of trials for smuggling and for treason, adduced by Lord North, were at all applicable to the present case. He asked, what reliance the Americans could have on the impartiality of juries in other provinces, or in England, and dwelt with great force on the danger of screening the soldiery, whose passions were already inflamed against the people of Massachusets Bay. "A soldier," he observed, "feels himself so much above the rest of mankind, that the strict hand of the civil power is necessary to check and restrain the haughtiness of disposition which such superiority inspires. What constant care is taken in this country to remind the military that they are under the restraint of civil power! In America their superiority is felt still more. Remove the check of the law, as this bill proposes, and what insolence, what outrage, may you not expect! Every passion that is pernicious to society will be let loose on a people unaccustomed to licentiousness and intemperance. The colonists, who have been long complaining of oppression, will see in the soldiery those who are to enforce it on them; while the military, strongly prepossessed against the people as rebellious, unawed by the civil power, and actuated by that arbitrary spirit which prevails in the best troops, will commit violences that might rouse the tamest people to resistance, and which the vigilance of their officers cannot effectually restrain. The inevitable consequences will be open rebellion, which you profess by this act to obviate. I have been bred a soldier; I have served long; I respect the profession, and live in the strictest habits of friendship with many officers; but no country gentleman in this house looks on the army with a more jealous eye, or would more strenuously resist the setting them above the control of civil power. No man is to be trusted in such a situation. It is not the fault of the soldier, but the vice of human nature, which, unbridled by law, becomes insolent and licentious, wantonly violating the peace of society, and trampling upon the rights of human kind." In conclusion, Barre warned ministers of the results of their restrictive measures; entreating them, likewise, not to urge them on to rebellion. In the course of his speech Lord North had said that he had had the advantage of being aided by the ablest lawyers; and when Colonel Barre had concluded his harangue Mr. Wedderburne, the solicitor-general, arose, and explained and defended the principles of the bill, which, he observed, was limited as to time, and intended solely to procure a fair trial for the imputed offences of all who might be concerned or engaged to act under government.

The motion for leave to bring in this bill was passed without a division, and it was introduced on the 21st of April, on which occasion another stormy debate occurred. Alderman Sawbridge contended, that it was a ridiculous and cruel measure—a measure designed to enslave the Americans, by a minister who would, if opportunity was afforded him, enslave England. He added:—"But I sincerely hope the Americans will not admit of the execution of any of those destructive bills, but nobly refuse them all. If they do not, they are the most abject slaves upon the face of the earth, and nothing which the minister can do is base enough for them." Lord North, in reply, calmly disclaimed any intention of enslaving America, and declared that the assertion was about as true as another report, circulated in some quarters, which stated that the colonists had seen their error, and were willing to make reparation to the East India Company for the tea they had destroyed. Instead of making reparation, he added, letters had been recently received which conveyed intelligence of renewed acts of violence. In the course of the debate one member uttered these remarkable words:—"I will now take my leave of the whole plan: you will commence your ruin from this day. I am sorry to say, that not only the house has fallen into this error, but the people approve of the measure. The people, I am sorry to say it, are misled. But a short time will prove the evil tendency of this bill. If ever there was a nation running headlong to its ruin it is this." The people were, in fact, as violently excited against the Americans, and the Bostonians in particular, as the ministers themselves, which doubtless had the effect of encouraging them in their measures. As a dissolution of parliament was near at hand, this may have caused the absence of many members; for it is a remarkable circumstance, that during the debates on these momentous questions there never was a full house. On the third reading, indeed, only one hundred and fifty-one members were present—one hundred and twenty-seven out of which number voted for the measure.

In the house of lords the bill was opposed in the same manner, and to a similar degree as in the commons. One of the most striking arguments against the measure was uttered by the Marquess of Rockingham. After reviewing ministerial transactions relative to America, since the repeal of the Stamp Act, and denouncing the tea duty as an uncommercial and unproductive claim, retained only as a bone of contention, he remarked:—"If officers were men of honour and sensibility, their situation would be worse under the protection of such a law than without it, as no acquittal could be honourable where the prosecutor had not the usual means of securing a fair trial." The bill, however, passed by a large majority—eight peers signing a strong protest against it, in which it was designated as "a virtual indemnity for murder."

During these debates the Earl of Chatham had been absent from indisposition. An opportunity, however, was afforded him of uttering his sentiments concerning the measure adopted towards America, on the 27th of May, in a discussion on a bill "for the quartering and better regulating the troops in the colonies." He had long been complaining of the gout and other infirmities; but on this night, which was the third reading of the bill, he made a very long speech. He commenced by asserting, that the whole history of the Americans, their descent, and the character and disposition which they inherited from their English ancestors, all forbade the thought that they would ever submit to slavish and tyrannical principles; for as was the mother, so were her offspring. He admitted that the conduct of the Americans, and especially the Bostonians, was unwarrantable; but he denied that the means adopted to bring them back to a sense of their duty were either wise or just. Against the blocking up the harbour of Boston he inveighed most bitterly, assuming in the face of all fact, that it was "some guilty profligates" who had been concerned in destroying our goods, and not the main body of the people. He assumed, also, what was notoriously untrue, that the colonies had no thought of prosecuting the quarrel; asserting, that their gratitude was full to overflowing for the repeal of the Stamp Act, and that it was the tea tax alone which had goaded them on to insubordination and rebellion. Forgetting, moreover, that his own Declaratory Act had inflamed the passions of the colonists after the repeal of the Stamp Act, he charged ministers with having purposely irritated them into their late outrages. Finally, although it is clear that Chatham, as a minister, would never have granted the objects which the American leaders required of the government, he recommended the substitution of kindness for severity. He remarked:—"Proceed like a kind and affectionate parent towards a child whom he tenderly loves; and, instead of these harsh and severe proceedings, pass an amnesty on all their youthful errors; clasp them once more in your fond and affectionate arms, and I will venture to affirm that you will find them children worthy of their sire. But should their turbulence exist after your proffered terms of forgiveness, I, my lords, will be among the foremost to move for such measures as will effectually prevent a relapse, and make them feel what it is to provoke a fond and forgiving parent." It is manifest, however, that the children had already resolved to run all risks in discarding allegiance to their parent, and that they could never be bound to their duty by the law of kindness. So the majority of the peers whom Chatham addressed seemed to think, for the bill he was opposing passed.



BILL FOR THE ADMINISTRATION OF CANADA.

Towards the close of this session a bill was brought into the house of lords, "for making more effectual provision for the government of the province of Quebec, in North America." The main objects of this bill was to ascertain the limits of that province; to form a legislative council for all its affairs, except taxation, which council should be appointed and be removable by the crown, and in which his majesty's Canadian Roman Catholic subjects should have a place; to establish the old French laws, to which the Canadians had been accustomed, including trial without jury, in all civil cases, and the English laws with trial by jury in all criminal cases; and to secure to the Roman Catholics those rights which the articles of capitulation had allowed—that is, the legal enjoyments of their lands and of their tithes, in their own community, or from all who professed their doctrines. This bill passed through the lords without difficulty; but in the commons it met with a storm of opposition. On the second reading, which took place on the 20th of May, Mr. Thomas Townshend, junior, asked why the affairs of Canada had been so long postponed, and why the country, from the time of its conquest, had been left a prey to anarchy and confusion? The bill proposed to enlarge the boundaries of the province, so as to comprehend the whole country lying between New England, New York, and Pennsylvania, to the Ohio and eastern bank of the Mississippi; and northward, to the southern boundary of the territory granted to the merchant adventurers of England trading to Hudson's Bay. Of this Townshend complained, and he said that it was the general opinion, that ministers intended to make all this vast tract of country an essentially French colony, as the population was almost entirely French, and the religion, laws, &c, that of France—the only exception being that they had at their head a subject of Great Britain as their governor. This, he opined, would one day cause a revolution, and would tend to re-establish the dominion of France in that country. As for the legislative council he deemed it as proposed the very worst kind of government ministers could have invented. He remarked:—"If it is not the proper time to give to Canada an assembly like those which exist in our other American colonies, it is better to let the governor be absolute—better to let him be without a council. He will then be responsible. But what have we here? Seventeen or eighteen gentlemen, who may be removed or suspended by the governor; so that, if an act of oppression should come from the crown, these may be a screen for the governor to excuse and justify him." Townshend next condemned the countenance given by the bill to the church of Rome, and then put a series of stringent questions to the ministers concerning the administration of the French laws in Canada. Were they, he asked, to be administered by Canadians or French lawyers? and were English gentlemen who had bought estates in that country to be subject to them? It would be better, he conceived, to show the French Canadians, by degrees, the advantages of English law, and to gradually mix it with their own. In reply, Lord North excused the delay which had occurred in bringing this measure forward, on the ground that he had been seeking the fullest information before he legislated. He did not pretend that the bill was perfect, but he considered that it was the best that could have been devised, both for Great Britain and the colony, under all circumstances. North then justified the enlargement of the limits of the colony, and the concessions which the bill made to the Roman Catholics. He observed:—"The honourable gentleman dislikes the omitting the assembly; but the assembly cannot be granted, seeing that it must be composed of Canadian Roman Catholic subjects, for otherwise it would be oppressive. On the other hand, as the bulk of the inhabitants are Roman Catholics, to subject them to an assembly, composed of a few British Protestant subjects would be a great hardship. Being, therefore, under the necessity of not appointing an assembly, this is the only legislature you can give the Canadians, and it is the one under which they live at present. The governor and council really have been the legislature ever since our conquest, only now it is put under some regulation." As regarded the question of law, he reminded the house, that the most material part, that of the criminal law, was to be English, and that if the French civil law should be found incompatible with the wishes of the colony, the governor and council would have power to alter it. Returning to the question of religion, North remarked, that the free exercise of it was confirmed to the Canadians by treaty, and that the laws of Great Britain permitted the full and free exercise of any religion different from that of the Church of England, in any and all of the colonies. It was another question, he added, whether it is convenient to continue or abolish the bishop's jurisdiction; though, at the same time, he asserted, no bishop could be there under papal authority, as such is expressly forbidden in the act of supremacy. North concluded by asserting, that there was no intention of substituting French lawyers and judges for the English who now administered the laws in that country. Townshend rejoined; complaining bitterly of carrying the system of French law into those parts of the country where it had not previously existed, and where there were some thousands of British subjects. Having, at the end of the war, promised the Canadians English law, he conceived that injustice would be done them by giving them that of France. Mr. Townshend was followed by Mr. Dunning, who called the measure one of the most extensive, as well as the most pernicious, ever offered to parliament. He particularly inveighed against the concessions made to the Roman Catholics, though he admitted that the free exercise of their religion was promised to the Canadians by the treaty of peace. This bill, however, he contended, gave them more than this: it established the Roman Catholic faith, whereas Protestantism was merely tolerated, and its clergy left for a maintenance to the discretion of the crown. He observed:—"Different gentlemen may entertain different opinions: my opinion of toleration is, that nothing can be more impolitic than to give establishment to that religion which is not the religion of our own country. Among the circumstances that unite countries, or divide countries, a difference in religion has ever been thought to be the principal and leading one. The Catholic religion unites France, but divides England. Without going further into the subject, it suffices me to say, that the religion of England seems to be preferable to the religion of France, if your object is to make this an English colony. When one sees that the Roman Catholic religion is established by law, and that the same law does not establish the Protestant religion, the people are, of course, at liberty to choose which they like. Are we, then, to establish the Roman Catholic religion, and tolerate the Protestant religion?" Mr. Dunning next insisted, that the civil law, as well as the criminal law of England, should be preserved, and that the institution of juries, however unpalatable it might prove to the Canadians, ought not to be dispensed with. He concluded by showing the unfitness of this political state to the habits and character of English settlers, and that there was an insurmountable difficulty in reconciling the feelings and habits of the small minority with the great French majority. The bill was next defended warmly in all its points by Attorney-general Thurlow. The definitive treaty of peace, he said, was made in favour of property in Canada; in favour of the Catholic religion, and in favour of the several religious orders, under which obligations it was that the crown of this country was called upon to frame a constitution for the colony. As for the importing and enforcing English laws in a country already settled, and habitually governed by other laws, he considered that it would be an act of the most absurd and cruel tyranny ever practised by a conquering nation over a conquered country—an act which would be unprecedented in the world's history. He thought it would be equally monstrous to strip the Roman Catholic clergy of their rights and dues, and to set up an Anglican establishment where the followers of our church were but few in number. To assimilate the constitution of the province to that of England he deemed neither practicable nor desirable, and asserted, that the constitution now proposed was on the side of liberality, and the best that could be given under existing circumstances. He concluded thus:—"If any English resort to that country, they do not carry with them the laws that are to prevail the moment they get there. It would be just as wise to say, if an Englishman goes to Guernsey, the laws of the city of London are carried over with him. To take the laws as they stand in Canada has been allowed—to act according to those laws, and to be bound by their coercion, is a natural consequence. In this view I think the bill has done nothing obnoxious. I have no speculative opinions. I would have consulted the French customs to a much greater extent, if it had been for me to have framed the law." Colonel Barre, Lord John Cavendish, and Sergeant Glynn next warmly opposed the bill, and they were followed by the Solicitor-general, Wedderburne, who defended it with greater ability and more knowledge of history than had been displayed by any of the preceding speakers. Sergeant Glynn had asserted, that in conquering the Irish and Welsh our laws had been imposed upon them; but Wedderburne clearly showed that this was only effected in the lapse of ages; English laws not being introduced into Ireland till the time of James I., and in Wales till the time of Henry VIII. He argued, that it was the custom of all conquering states to leave the conquered countries in the possession of their own laws. He remarked:—"Not only are there instances of great states not considering themselves warranted, by right of conquest, in forcing their laws upon the conquered, but even countries that have scarcely any trace of public laws and general systems, have had that good policy with regard to the countries they have made themselves masters of. The very Mussulman, the Ottoman, the Turks—the worst of all conquerors—in the countries they subdued left the people in possession of their municipal laws. This is the case in Wallachia; this is the case in Moldavia; this is the case with all the great settlements in which the Turks have pushed their arms." Wedderburne next showed the difference existing in the law of succession in England and Canada, and argued, that it would be hard upon all younger sons in that province to establish the right of primogeniture on a sudden. He concluded by representing the people of Canada as having, for several years past, been annually calling upon government to let them know what really was to be the law of the province. Charles Fox argued, that as the bill allowed the clergy of the Church of Rome their dues and rights, which dues he understood to mean the receiving of tithes, which were a tax upon the Canadians, it was to all intents and purposes a money bill. This objection he conceived fatal to the bill, inasmuch as the commons never permitted bills of that nature to originate in the lords. Dunning now took up the same line of argument, and as Lord North denied the conclusion to which these members had suddenly come, the speaker was appealed to for his opinion. The speaker replied, that he had seen bills that had originated in the lords that, he thought, ought not to have been brought into the lower house, but that he never presumed to judge upon them himself, and in this in stance it would be very unbecoming in him to do so, therefore' he would leave it for the house to determine as was thought right. The second reading was carried by a majority of one hundred and five, against twenty-nine; and on the 31st of May, when the house went into committee on the bill, several amendments were negatived, with equally large majorities. On this occasion petitions were presented against the measure from Thomas Penn, on behalf of himself and of John Penn, Esq., true and absolute proprietors of Pennsylvania, and the counties of Newcastle, Kent, and Sussex, in Delaware, praying that the territory granted by King Charles II. to their father and grandfather might not be encroached upon by any extension of the frontiers of Canada. Ministers denied that it was ever intended to entrench upon other colonies, and the petition was ordered to lie upon the table; leave, also, being given to the petitioners to be heard by counsel if they thought proper. At the same time a petition was presented from merchants of the city of London, trading to the province of Quebec, praying for the preservation or establishment of the English civil law, in all matters of controversy relative to property and civil rights, with trial by jury, &c. This petition was ordered to be referred to the committee on the bill, and the petitioners were also ordered to be heard by themselves or counsel. Counsel were heard, and witnesses examined, which occupied the attention of the house for more than a week; but on the 13th of June the bill passed the commons as it originally stood—a few boundary amendments, made in committee, alone excepted. The bill thus passed was sent back to the lords for their concurrence in the amendments, on which occasion Chatham rose to reprobate the whole spirit of the bill. It tended, he said, to establish the worst of despotisms, and denounced it as a most cruel, oppressive, and odious measure—a measure which destroyed the very roots of justice and good principle. He called the bill "a child of inordinate power," and asked, if any on the bench of bishops would hold it out for baptism? He invoked the bishops to resist a law which would spread the Roman Catholic tenets over so vast a continent, and asserted, that parliament had no more right to alter the oath of supremacy than to repeal the great charter, or the bill of rights. The dangerous innovations of the bill, he declared, were at utter variance with all the safeguards and barriers against the return of popery and of popish influence, so wisely provided against by all oaths and offices of trust, from the constable up to the members of both houses, and even to the sovereign in his coronation oath. Chatham concluded by expressing his fears that such a measure might shake the confidence of his majesty's Protestant subjects in England and Ireland, and totally alienate the hearts of all his American subjects. The bill, however, passed by twenty-six to seven, and received the royal assent on the 22nd of June; the corporation of London having ineffectually petitioned the king to refuse it.



PROROGATION OF PARLIAMENT.

On the same day that his majesty gave his assent to the above-mentioned bill, he prorogued parliament. In his speech he expressed his approval of that bill, conceiving it likely to produce the best effect in quieting the minds, and promoting the happiness of the Canadians. His majesty also applauded the temper and firmness, and general concurrence of parliament in the measures they had adopted with reference to Massachusets Bay; at the same time assuring them that nothing depending on him should be wanting to render those measures effectual. At the close of this session, Lord North, notwithstanding his many embarrassments, appeared to be more firmly seated in office than ever. Even Chatham himself was obliged to confess his success, efficiency, and the solidity of his position; asserting that no minister in any age ever held a better tenure. It was necessary that North should be well supported, for he had difficulties before him which would soon have compelled him to resign, and to seek solace in the shades of retirement, had not the voice of parliament been with him.



PROCEEDINGS AT BOSTON.

During the deliberations of the British parliament, the Bostonians and people of Massachusets Bay had continued their outrages. The assembly and populace alike showed their utter aversion to the British government in language and actions which could not be misunderstood. The mob destroyed every cargo of tea that arrived in the port, and the assembly showed its hostility by petitioning for the removal of the chief-justice, Peter Oliver, Esq., because he had taken his majesty's grant. The house further resolved to impeach the chief-justice in their own name, and in the name of all the inhabitants of the province; and when the governor denounced their proceedings as unconstitutional, they drew up articles according to this resolution, charging him with high crimes and misdemeanors. The governor, however, refused to take any step in the matter, and this only tended to exasperate them still more. At this moment, indeed, some of the leaders, at the head of whom was Mr. Samuel Adams, were publicly proclaiming that America must and should become independent of Great Britain. Their sentiments were also made known by their unbounded admiration of Benjamin Franklin. His name was mentioned everywhere with enthusiasm, and before their dissolution the assembly resolved to continue him their agent in England, although the governor refused to ratify the appointment, or to sanction their act for paying him his salary.

Among the ministerial arrangements was the substitution of General Gage in the room of Hutchinson as governor. General Gage landed on the wharf on the 13th of May, with part of his family and suite, and was warmly welcomed by the council, magistrates, and others, and afterwards entertained at a public dinner. On the other hand, the mob spent their impotent rage on Hutchinson by burning him in effigy. The reception which Gage met with on landing seemed to augur well for his administration, and his prospect seemed the more cheering because he was united to an American lady, and from long residence in the colony, had made many friends. But there was a strong under-current at work which threatened to sweep away all the authority which any governor might possess however popular he might be as a man. And this was made more impetuous at this time by the intelligence which arrived concerning the Boston Port Bill. This intelligence was received a few days before General Gage arrived, and although the Bostonians gave him a hearty welcome, they soon displayed what feelings they possessed upon the subject. On the very next day after they had given him this welcome, a numerous town meeting took the bill into consideration, and 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 Great Britain, 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." In order to spread disaffection, the act was printed and widely circulated throughout the colonies. Nor were the presses of Boston alone engaged in this work. Other colonies had thousands of copies struck off, and in some the copy of the act was accompanied with comments, and with a black border, while the vendors cried it about under the title of "A barbarous, cruel, bloody, and inhuman murder." In some places it was burned with great solemnity; in others, as at Philadelphia, subscriptions were set on foot for the relief of those Bostonians who should be deprived of the means of subsistence by the operations of the act; while in Virginia the assembly which was then sitting, adopted a proposal that the first day of June, on which the Post Bill was to commence, should be a day of fasting, humiliation, and prayer, to implore heaven to avert the evils of civil war, to inspire the Americans with firmness in support of their rights, and to turn the hearts of king and parliament to moderation and justice. For this vote, Lord Dunmore, the governor of the province of Virginia, dissolved the assembly, and the members then repaired to a tavern, where they agreed to articles of association, in which they pronounced the Boston Port Bill to be the result of a system having for its object the reduction of the inhabitants of British America to slavery. At this meeting it was declared that tea ought not to be used by any well-wisher to constitutional liberty; and that from the course pursued by the East India Company in favour of arbitrary taxation, the people ought not to purchase any of their commodities, except saltpetre and spices, until their grievances should be redressed. It was also declared that an attack on one colony was an attack upon all, and that it should be resisted by their united councils. Acting upon this opinion, which was by no means logical, they recommended to the committee of correspondence to communicate with all the other committees, "on the expediency of appointing deputies from the several colonies of British America, to meet in general congress, at such place, annually, as should be thought most convenient, to deliberate on the measures required by their common interests." Finally, this meeting of the dissolved assembly of Virginia, agreed that the members who should be elected under the new writs then issuing, should meet in convention at Williamsburgh, on the first of August, for the purpose of appointing delegates to sit in congress. This was a monster stride in the march of revolution, and it was easy to foresee its ultimate and awful consequences.

The first of June was not only observed as a day of fasting and humiliation in Virginia, but also at Philadelphia, Boston, and other places. Shops were closed, and the church-bells tolled dolefully; but whether prayer was offered in sincerity and truth, and in calm devotion, demands a doubt; for when men's passions are inflamed, there can be no fitness for acts of piety. In the mean time the assembly of Massachusets Bay met at Boston, on the 25th of May, for the last time. On that day, General Gage laid before them some common business of the province, and then announced the painful necessity he was under of removing them and all public offices to Salem, by the first of June, in conformity with the recent acts of parliament. He adjourned them to the 7th of June, then to meet at Salem, and on that day they re-assembled at the place appointed, and named a committee to consider and report the state of the province. Some of the committee named were for pursuing mild and conciliatory measures, and seeing this, Mr. Samuel Adams conferred with Mr. Warren on the necessity of obtaining a better display of spirit. Warren engaged to keep the committee in play, while Adams should be secretly engaged in winning over members to their party. In a few days Adams succeeded in gaining over and concerting measures with more than thirty members, and it was then resolved to proceed at once to business. On the 17th of May they ordered the doors to be locked, and that no one should be permitted to go in or out. They hoped by this plan to keep all friends of government from giving any information concerning their councils, and to finish their business before the governor could interfere with a prorogation or dissolution. One member favourable to government, however, contrived to get out, and to give information of what was doing within. The governor sent his secretary to dissolve them, but he was refused admittance, and he read the proclamation of dissolution upon the stairs leading to the chamber in the hearing of several members, who, like himself, could not obtain admittance. By this time, however, the committee had done all they wanted to do: they had appointed a committee to meet other provincial committees on the 1st of September, at Philadelphia; had voted L500 for its use; had chosen a treasurer; and having no money in hand, had recommended the towns and districts of the province to raise the sum by equitable proportions, according to the last provincial tax. This was a gross insult to the governor, and the committee exulted in having had the opportunity of offering it. Their feelings of triumph, however, do no honour to human nature, since that triumph, such as it was, was obtained by the paltry artifice of obtaining possession of the house to the exclusion of all such members as would have voted against the measure they had proposed and carried.

On the 1st of June, exactly as the clock struck twelve, the custom-house of Boston was shut up, and all lawful business ceased in its port. Its trade was nominally transferred to Salem; but the spirit of rivalry which formerly distinguished American merchants seemed now to be wholly lost in sympathy. No one discovered the slightest inclination to profit by the distress of the refractory town of Boston. The merchants and freeholders of Salem, indeed, presented an address to General Gage, censuring the measures that had been adopted, commiserating the people of Boston, and declining to derive any advantage offered them by the Boston Port Bill. Nature, they said, by the formation of their harbour, forbade their becoming rivals with that convenient mart, and were it otherwise they must be dead to every idea of justice, and lost to all feelings of humanity, if they could indulge one thought of acquiring wealth, and building up their fortunes upon the ruin of their suffering neighbours. These certainly were sentiments honourable to humanity, but unfortunately they were coupled with others of a different character. The petitioners repeated the old saying, which was now become notoriously false, that they still ardently wished to preserve their connexion with the British empire: and yet the people of Salem falsified their assertion on the very next day after it was made, by joining a general association, which by this time had been got up by many of the committees of correspondence, and which was called "a solemn league and covenant," after the famous bond of their Puritan forefathers. The nature of this league may be seen from the document which all its members signed. It declared that the compact had been entered into as the only means of avoiding the horrors of slavery, or the carnage and desolation of civil war; that those who subscribed to it covenanted in the presence of God to suspend all commercial intercourse with Great Britain till the Boston Port Bill should be restored; and that they would have no dealings with persons who would not sign it, or should afterwards violate it, but would publish their names as enemies to their country, and as men excommunicated or cut off from all social intercourse. This league spread rapidly through all the states; thousands joined it of their own free will, and others were impelled to subscribe to it through fear. In most places, indeed, it was conceived more dangerous to oppose the popular will, than to risk a war with Great Britain. And it was in vain that the governor sought to stem the onward progress of the tide of revolution. He issued a proclamation, forbidding such unlawful and traitorous combinations, and warned the people against countenancing them; but his orders were disregarded, and his very power questioned. In Boston all became sullen and threatening, and General Gage at length deemed it advisable to take means more efficacious than proclamations in repressing tumult. A detachment of artillery, with some regiments of infantry were ordered to encamp near Boston, and these were soon reinforced by fresh troops from Great Britain and Ireland. But it was soon found that the troops could not be depended upon:—bought by gills of ardent spirits and promises of reward, many, and especially the raw recruits, deserted their ranks; and General Gage next placed a guard on the Isthmus, called Boston-neck, which joins the peninsula whereon the town is built to the main land. This movement, like all the other movements made by the officers of government, was misrepresented, and hastened on the crisis. A cry was raised and a report spread that the governor intended to cut off all communications, and compel the town to submit to terms. The exciting cry produced the effect that was wished far and near. Even those provinces which had hitherto been slow to join the Bostonians in their hostility towards government, now earnestly exhorted them to brave their supposed doom, as the eye of all America was upon them; and the hands of all the Americans ready to be stretched forth for their deliverance.

In conformity to the bill for regulating the government of Massachusets Bay, General Gage reorganised the Massachusets council. Commissions arrived in August for the new council, and thirty-six were appointed, but twelve out of that number refused to accept office; and even those who did accept office, were soon glad, for the most part, to throw up their commissions, from the odium which they had incurred and the threats by which they were intimidated. General Gage, however, issued writs for convening an assembly in October. But order and law were now out of the question in Boston. The juries would not serve under the new judges, and the very officers refused, from disaffection or fear, to summon them. The colonists had now, in fact, begun to arm, to collect warlike stores, and to train the youth to military exercises. Nothing was to be seen or heard of except the purchasing of arms and ammunition, the casting of balls, and the making of all those preparations which testified immediate and determined resistance. Under these circumstances, General Gage fortified Boston-neck, and seized and removed to head-quarters all the gunpowder and military stores that were deposited at Charlestown, Cambridge, and other places within his province. The people now rose in arms, and threatened to attack the troops. Several thousands marched from all quarters for this purpose, and though they did not come to blows, they threw every possible obstruction in the way of those employed in constructing the works on Boston-neck, burning the materials by night, sinking the boats laden with bricks, and overturning the trucks laden with timber. The governor saw clearly that scenes of bloodshed were at hand, and though thus braved, he mercifully forbore to commence them.

In the mean time the committees of correspondence in order to fan the flames of sedition into one universal conflagration, had been spreading abroad rumours of massacres, and of attacks on Boston both by land and sea. It was in this state of affairs that a meeting of delegates from all the neighbouring towns was called, and which was held, in spite of the governor's proclamation. This meeting passed resolutions more decidedly hostile to the British government than any previously promulgated. They called the late acts of parliament gross infractions of civil and religious liberty, and wicked attempts to establish despotism, which ought to be resisted; they resolved to indemnify all officers who should refuse to execute any process issued by the judges appointed by the crown; they declared every member of the new council an enemy to his country; they condemned the plan of fortifying Boston-neck; they denounced the late act establishing the Roman Catholic religion in Canada, as dangerous alike to the Protestant religion, and to the rights and liberties of all America; they recommended a total suspension of commercial intercourse with Great Britain, the encouragement of domestic manufactures, the appointment of a provincial congress, and the exercise of the people in arms; they advised collectors of taxes to retain the money in their own hands until the civil government of the province should be placed on a constitutional basis, or a provincial congress should direct its application; and while they exhorted the people to abstain from riots, they expressed their determination to resist the measures of government to the utmost. Their resolutions concluded thus:—"Should our enemies by any sudden manoeuvre, render it necessary for us to ask aid of our brethren in the country, some one of the committee of correspondence, or a select man from the town where hostilities shall commence or be expected, or from the town adjoining, shall despatch couriers with written messages to the select men, or committees of correspondence in the vicinity, who shall send others to committees more remote, until sufficient assistance be obtained: the expense of couriers to be defrayed by the county, until otherwise ordered by the provincial assembly." The meeting also drew up a petition of remonstrance to the governor, respecting the fortification of Boston-neck, in which they plainly stated that although they had no inclination to commence hostilities, they were resolved, notwithstanding, to resist the late acts of the British parliament at all hazards. Gage replied, that it was his duty to preserve the peace, and to erect such works as should protect his soldiers from surprise: at the same time he assured them that his artillery should not be employed unless hostile proceedings on their part rendered it necessary.

By this time the people of Virginia had taken one of the front ranks in the march of revolution and independence. On the 1st of August, Jefferson and other members of the convention met as appointed, to agree as to instructions for the delegates to be sent to the approaching congress. Jefferson had drawn up a violent paper, but falling sick, it was presented by Peyton Randolph. The sum and substance of this paper was, in fact, that the Virginians should claim an absolute independence and sovereignty. The leap, however, which Jefferson proposed to take was far too long for the mass of his fellow-citizens as yet to take; but the document was deemed worthy of being printed, and it was published under the title of "A summary View of the Rights of British America." The members of this convention, however, took a leap which did not fall far short of that which Jefferson proposed. The instructions they prepared, at least, made it manifest unto all men, that, although they professed loyalty to the sovereign, their aim was to undermine his throne; or, in other words, to obtain independence. They averred their allegiance to King George, declared that they sincerely approved of a constitutional connexion with their mother country, and even professed a willingness to submit to reasonable regulations and restrictions on their commerce—but this was only a preamble to sentiments teeming with rebellion and hostility to the king whom they professed to obey, and the country with which they asserted they still wished to be connected. In this section of their instructions the Virginians instructed their deputies at congress to cooperate cordially with Massachusets Bay and the other colonies; declared that the proclamation issued by General Gage was alarming, and illegal, and such as would justify resistance and reprisals if attempted to be carried into effect; agreed to send speedy and liberal relief to the Bostonians, and to abide by such alterations in their present articles as congress might recommend and the delegates of Virginia assent to; and bound themselves not to export any tobacco after the 10th of August, and in lieu of its cultivation to encourage manufactures; to deal with no merchants who raised the price of articles during the present crisis, and to require the county committees to publish the name of those who would not conform to their regulations. The convention finished by choosing the delegates who were to represent them in congress.

This congress met, as appointed, at Philadelphia, on the 4th of September. On their meeting, all the provinces from Massachusets to South Carolina, with the single exception of North Carolina, were found to be represented, and even delegates from that province arrived on a later day. The delegates met on the following day at Carpenters'-hall, chose Payton Randolph president, and organised themselves into a deliberate assembly. At the commencement, although there were several delegates from some of the provinces, it was agreed that each state should have only one distinct vote. They then proceeded to business. At first they agreed upon a declaration of rights to which they were entitled, they said, by the laws of nature, the principles of the British constitution, and their several charters. Their next step was to concoct a non-importation, non-consumption, and non-exportation association, which was not to be infringed by any American citizen. This was followed by a series of solemn addresses; one to the king, expressing loyalty and affection; one to the people of Great Britain, showing how barbarously and tyrannically they had been treated by a corrupt administration, etc.; and one to the French people of Quebec, inviting them to make common cause with them, and urging them to take up arms against the English, who had only recently conquered Canada. Their province was only wanting, they said, to complete the bright and strong chain of union! The congress also sent letters to the colonists of Georgia, East and West Florida, Nova Scotia, and Newfoundland, exhorting them to shake off their dependence on their mother country, and to join them in their contest. They also sent a remonstrance to General Gage, against his military proceedings, which bore, they said, a hostile appearance unwarranted by the tyrannical acts of parliament: forgetting that it was the conduct of the Bostonians alone which induced him to take these steps. Finally, the congress resolved that if any attempts were made to seize any American, in order to transport him beyond sea for trial of offences committed in America, resistance and reprisals should be made: then, having agreed that another general congress should be held on the 10th of May next, they dissolved themselves; i. e. on the 28th of October.

It has been seen that General Gage had issued writs calling the assembly to meet at Salem on the 5th of October. Before that day arrived, he thought it expedient to countermand the writs by proclamation, and to discharge such members as were already returned. This proclamation, however, was not heeded. Ninety members met on the day appointed, and though the governor was not there to open the session, or any one deputed by him to administer the oaths, they appointed a committee to consider the proclamation, and resolved themselves, with others who might afterwards join them, into a provincial congress. Having chosen Mr. John Hancock, the owner of the Liberty sloop, and a great merchant in the contraband line, to be their president, they adjourned to the town of Concord, about twenty-live miles distant from Boston Here their first business was to appoint a committee to wait upon Governor Gage with a remonstrance, in which they vindicated their meeting by a reference to the distracted state of the province, and called upon him, for the honour of the king and the public peace, to desist from the construction of fortifications against the town of Boston. The governor indignantly replied, "That the lives, liberty, and property of none but avowed enemies could be endangered by the troops of Great Britain, who had shown no disposition for hostilities, though they might be expected to feel resentment at the exertions employed to deprive them even of the necessaries of life." He also reminded this self-constituted provincial congress that while they affected to complain of alterations made in their charter by acts of parliament, their very meeting was in direct violation of their own constitution; and, finally, he exhorted them to desist from all illegal proceedings. The governor's exhortation was, however, unheeded. On receiving his reply, they adjourned to Cambridge, where they appointed a committee to draw up a plan for the military defence of the province. They likewise settled all matters relating to the militia; arranged means for the collection of arms; provided for the receipt of taxes; appointed committees for these different purposes; named Jedediah Pribble and Artemas Ward, who had seen some service in the war with the French and Canadians, to be their generals; and even deliberated upon the precise period for opposing or attacking the king's troops. Emissaries were also sent by them to Rhode Island, New Hampshire, and Connecticut, to request them to prepare their respective quotas, so as to make up an army of 20,000 men, and a committee was appointed to correspond with the Protestants of Canada, and especially those of the Presbyterian persuasion. Finally, they addressed a circular letter to all the dissenting ministers in New England, exhorting them to assist in averting the slavery with which the country was threatened, and appointed a day of public thanksgiving for the happy union which existed throughout the colonies. Having done all this, early in December the provincial congress of Massachusets prorogued themselves, appointing a new meeting in the ensuing month of February.

This conduct naturally excited the indignation of the governor, and he issued a proclamation forbidding the people to pay any obedience to these seditious resolutions. But proclamations now sounded in the ears of the people of Massachuset's Bay as idle words, and the resolutions were strictly obeyed. The same disregard to the mandates of government was also shown in other colonies. The king had issued a proclamation strictly prohibiting the exportation of warlike stores to America; and as soon as this became known in the colonies, the people of Rhode Island seized upon forty pieces of cannon belonging to the crown, which had been mounted on batteries for the defence of the harbour, and carried them off, while those of New Hampshire surprised a small fort, called "William and Mary," and carried off the ordnance, gunpowder, and other military stores. Mills, moreover, were erected for making gunpowder, and manufactories for making arms. Every thing, in fact, indicated that a fierce and bitter struggle was about to commence between America and the mother country. The train was laid, and the application of the match only was wanting to effect a fearful conflagration.

{GEORGE III. 1773-1775}



GENERAL ELECTION.

In the month of September, although parliament had more than a year to complete its septennial term, it was dissolved by proclamation, and writs issued for a new one. This step was taken, it would appear, chiefly that the sense of the nation might be known more fully concerning the affairs of America. This was found to be decidedly hostile to the late proceedings of the Americans. Loyalty, indeed, had increased at home in proportion as it had decreased in the colonies. All classes united in the opinion that the king, parliament, and country had been grossly insulted by the Americans, and that they deserved chastisement. Hence the general election, which took place in October, resulted greatly in favour of ministers. Some few places, it is true, proposed tests to the candidates, including pledges to stop hostilities with America, but the great majority were in favour of coercive measures if the Americans did not lay down their arms of rebellion. In this election Wilkes and Glynn were elected for Middlesex, so that this popular idol once more found a seat in parliament. He took his seat more proudly than ever, for he was this year also elected lord mayor of London: a high dignity for a man whose chief merits were those of agitation.



MEETING OF THE NEW PARLIAMENT.

The new parliament met on the 29th of November when the king signified his pleasure that the commons should elect a speaker to be presented on the next day for his approbation. Sir Fletcher Norton was unanimously re-elected, and on the following day his majesty opened the session with a speech in the usual form. The leading topic in this speech was the rebellious spirit displayed in America. His Majesty remarked: "It gives me much concern that I am obliged at the opening of this parliament, to inform you that a most daring spirit of resistance and disobedience to the law still unhappily prevails in the province of Massachusets Bay, and has, in divers parts of it, broke forth in fresh violences of a very criminal nature. These proceedings have been countenanced and encouraged in others of my colonies, and unwarrantable attempts have been made to obstruct the commerce of this country by unlawful combinations. I have taken such measures and given such orders as I judged most proper and effectual for carrying into execution the laws which were passed in the last session of the late parliament, for the protection and security of the commerce of my subjects, and for the restoring and preserving peace, order, and good government in the province of Massachusets Bay; and you may depend upon my firm and steadfast resolution to withstand every attempt to weaken or impair the supreme authority of this legislature over all the dominions of my crown: the maintenance of which I consider as essential to the dignity, the safety, and the welfare of the British empire; assuring myself that, while I act upon these principles, I shall never fail to receive your assistance and support." In conclusion, his majesty recommended both houses to proceed with temper and unanimity in their resolutions, in order that his subjects in every part of his dominions might be taught by their example to preserve a due reverence for the laws, and a just sense of the blessings of the British constitution.

In the debate on the address in the commons, an amendment was proposed on the part of the opposition, to the effect that his majesty would be pleased to communicate the whole intelligence received from America, and to lay all letters, orders, and instructions relating to the late transactions before parliament. This was opposed by Lord North, who argued that it was not a proper time for entering into a discussion on the subject, since matters were in a state of suspense, He said that a reconcilliation was highly desirable, but as no terms of concession had been made by the Americans, it could not be expected that England would offer terms of submission. On the opposition benches the conduct of the late parliament in passing the American acts was severely censured, and the prime-minister was taunted with the failure of those acts from which he had augured such great and beneficial effects. The amendment, however, was negatived by a majority of 264 against 73, and the original address carried. Opposition shared the same fate in the lords. The Duke of Richmond moved an amendment similar to that in the commons, and a hot debate took place in consequence, but it was lost by a majority of 63 against 13. Nine of the minority entered a strong protest against the address—the first ever made upon an address—which concluded with these words: "Whatever may be the mischievous designs or the inconsiderate temerity, which leads others to this desperate course, we wish to be known as persons who have ever disapproved of measures so pernicious in their past effects and their future tendency; and who are not in haste, without inquiry or information, to commit ourselves in declarations which may precipitate our country into all the calamities of a civil war."

It might have been expected that ministers, having apparently made up their minds to pursue coercive measures, would have prepared to meet the alternative of war with an efficient force. Ministers, however, seem to have been as impotent in execution as they were magnanimous in resolve. Instead of increasing the forces, they left the estimates to be entirely formed upon a peace establishment: continuing the army as it was and actually reducing the navy by 4000 men; leaving only 16,000 for the service of the ensuing year. The country felt a difficulty in reconciling this conduct of the ministers with the speech from the throne, and vehement debates took place in both houses on the subject. Lord Sandwich, however, asserted that our navy establishment, small as it was, would be sufficient to reduce the colonies to obedience, as the power, courage, and discipline of the Americans were by no means so formidable as had been represented, and as was generally supposed. Their very numbers, he said, would only add to the facility of their defeat when brought into action. Beyond this, the commons did little more before the Christmas recess than receive petitions which had been got up by Franklin and his agents in the North, and counter petitions which were concocted through the agency of Adam Smith, Dr. Roebuck, and others who seem to have been set to work by ministers, although they pretended some surprise when they were presented. In the house of lords, in the meantime, one important resolution had passed on the motion of the Duke of Manchester. This was to admit not only the members of the house of commons, but also other strangers, to hear the debates of the upper house. This put an end to a bitter contention which had existed between the lords and commons for four years.



CHAPTER VI.

{GEORGE III. 1775-1776}

Debates on America..... Pacific Measure of Lord North..... Burke's Plan of Conciliation..... Close of the Session..... Petition of the City of London..... Departure of Franklin..... Proceedings of the Americans..... Expedition to seize Stores at Salem..... Affair at Lexington, etc...... Meeting of the Assemblies and General Congress..... Battle of Bunker's Hill..... General Washington..... Expedition against Ticonderoga and Crown Point, etc,..... Expedition against Canada..... Disposition and Revolt of the Virginians..... Conduct of Congress towards New York, etc...... Proceedings in England..... Prosecution and Trial of Home Tooke, etc...... Meeting-of Parliament..... Changes in the Ministry..... The Militia Bill..... The Navy and Land Estimates..... Petition of Nova Scotia..... Petition of Congress..... Motions of the Duke of Grafton..... The Land-tax increased..... Burke's Second Conciliatory Motion..... Lord North's Prohibitory bill.

{A.D. 1775}



DEBATES ON AMERICA.

During the Christmas recess, ministers had received more alarming intelligence from America, coming down to the seizure of Fort William and Mary by the people of New Hampshire, as previously recorded. When parliament again met, therefore, which was on the 20th of January, the affairs of America became the prominent subject of discussion. Before that day it had been concerted between the Earl of Chatham and his friends that he should make one of his grand displays on the subject in the house of lords. After the minister had laid some important documents respecting the state of the colonies before the house, Chatham accordingly rose. He commenced by condemning all that the ministers had done, and by reproving them for their tardiness in communicating the American papers. He then congratulated their lordships upon the fact that the business was at last entered upon, by the noble lords laying these papers before them, and expressing a supposition that their contents were well known, he next made this motion: "That an humble address be presented to his majesty, to desire and beseech that, in order to open the way towards a happy settlement of the dangerous troubles in America, by beginning to allay ferments and soften animosities there; and, above all, for preventing, in the mean time, any sudden and fatal catastrophe at Boston, now suffering under the daily irritation of an army before their eyes, posted in their town; it may graciously please his majesty that immediate orders be dispatched to General Gage, for removing his majesty's forces from the town of Boston, as soon as the rigour of the season and other circumstances indispensable to the safety and accommodation of the said troops may render the same practicable." In continuation, Chatham proceeded to discuss the whole question: a question which, he said, demanded instant attention, as an hour lost might produce years of calamity. He remarked: "I will not desert for a single moment the conduct of this weighty business; unless nailed to my bed by extremity of sickness, I will give it my unremitted attention. I will knock at the door of this sleeping and confounded ministry, and will rouse them to a sense of their impending danger. When I state the importance of the colonies, and the magnitude of the danger hanging over this country from the present plan of mis-administration practised against them, I desire not to be understood to argue for a reciprocity of indulgence between England and America. I contend not for indulgence but justice to America; and I shall ever contend, that the Americans justly owe obedience to us in a limited degree; they owe obedience to our ordinances of trade and navigation. But let the line be skilfully drawn between the objects of those ordinances and their private internal property; let the sacredness of their property remain inviolate; let it be taxed only by their own consent, given in their provincial assemblies, else it will cease to be property. As to the metaphysical refinements, attempting to show that the Americans are equally free from obedience and commercial restraints as from taxation of revenue, being unrepresented here, I pronounce them futile, frivolous, and groundless. Resistance to your acts was necessary as it was just; and your vain declaration of the omnipotence of parliament, and your imperious doctrines of the necessity of submission, will be found equally impotent to convince or enslave your fellow-subjects in America, who feel that tyranny, whether ambitioned by an individual part, of the legislature or by the bodies who compose it, is equally intolerable to British subjects." Chatham next drew a startling yet not unfaithful picture of the army of General Gage, which he represented as placed in a dangerous position, as being penned up and pining in inglorious inactivity, and as being alike an army of impotence and contempt, as well as of irritation and vexation. He then proceeded to declare that activity would be even worse than this inglorious inactivity, and that the first drop of blood shed in this civil and unnatural war would produce an incurable wound. Chatham next, by a strange infatuation, extolled the congress of Philadelphia for its decency, firmness, and wisdom, and even maintained that it was more wise than the assemblies of ancient Greece! He remarked:—"I must declare and avow, that in all my reading—and it has been my favourite study, and I have read Thucydides, and have studied and admired the master-states of the world—for solidity of reasoning, force of sagacity, and wisdom of conclusion, under such a complication of difficult circumstances, no nation or body of men can stand in preference to the general congress at Philadelphia!" If Chatham did not take this view of the proceedings of the congress of Philadelphia out of sheer opposition to the existing administration, which it was his pleasure always to gall and oppose, then he must have been miserably blinded by the half-speaking papers, which no man in his senses could misinterpret, and which that congress had issued. Having passed this strange eulogium on that body, Chatham next called upon ministers to retract now that they might do it with a good grace, and asserted that they had derived their information from wrong sources, from selfish merchants, packers, and factors, and such servile classes of Americans, whose strength and stamina were not worthy to be compared with the cultivators of the land, in whose simplicity of life was to be found the simpleness of virtue, and the integrity of courage and freedom. He continued: "These true genuine sons of the earth are invincible. They surround and hem in the mercantile bodies, and if it were proposed to desert the cause of liberty, they would virtuously exclaim, 'If trade and slavery are companions, we quit trade; let trade and slavery seek other shores; they are not for us!' This resistance to your arbitrary taxation might have been foreseen: it was obvious from the nature of things and of mankind; but above all, from the Whiggish spirit flourishing in that country. The spirit which now resists your taxation in America, is the same which formerly opposed loans, benevolences, and ship-money in England: the same spirit which called all England on its legs, and by the Bill of Rights vindicated the constitution; the same principle which established the great fundamental and essential maxim of our liberties, that no subject of England shall be taxed but by his own consent. This glorious spirit of whiggism animates three millions in America, who prefer poverty with liberty, to gilded chains and sordid affluence, and who will die in defence of their rights as men—as freemen." Chatham enlarged greatly upon this glorious spirit of Whiggism displayed on both sides of the Atlantic, asserting that it would finally compel the ministers not only to abandon their present measures and principles, however many noses they might count on a division, but to hide their heads in shame. He continued: "They cannot my lords, they cannot stir a step; they have not a move left; they are check-mated. It is not repealing this or that act of parliament—it is not repealing a piece of parchment—that can restore America to our bosom; you must repeal her fears and her resentments, and you may then hope for her love and gratitude. But now, insulted by an armed force at Boston, irritated by a hostile array before her eyes, her concessions, if they could be forced, would be suspicious and insecure; they will be irato animo, not sound honourable factions of freemen, but dictates of fear and extortions of force. It is, however, more than evident, you cannot force them, principled and united as they are, to your unworthy terms of submission. It is impossible." Having been pathetic on General Gage in one part of his speech, Chatham now was witty upon him, comparing him with the great General Conde, who upon being asked why he did not capture his adversary Turenne, replied, that he was afraid Turenne would take him. Chatham then contended that nothing was left but to withdraw the troops from Boston, and to repeal all the acts of parliament. This, he imagined, might satisfy the Americans, and have the effect of binding them to an acknowledgment of our sovereignty, and our rights to regulate their navigation and commerce. Concessions, he said, must be made at some time or other, and they had better be made now, when they might do it as became their dignity. He concluded his speech thus:—"Every danger impends to deter you from perseverance in the present ruinous measures. Foreign war is hanging over your heads by a slight and brittle thread. France and Spain are watching your conduct, and waiting for the maturity of your errors. If ministers thus persevere in misadvising and misleading the king, I will not say they can alienate the affections of his subjects from the crown; but I will affirm, that they make the crown not worth his wearing; I will not say the king is betrayed, but I will pronounce the kingdom undone." Chatham's motion was supported by the Duke of Richmond, the Marquess of Rockingham, the Earl of Shelburne, and Lord Camden, who were, however, not fully agreed as to the propriety of recalling the troops, and who seem to have considered that proper concessions had not been made by the people of Boston, and that concessions made on the part of the British government on previous occasions had been misinterpreted in America, and had told to our disadvantage. On the other hand, the motion was opposed by the Earls of Suffolk, Rochford, and Gower, Viscounts Weymouth and Townshend, and Lord Lyttleton, who defended the recent acts of parliament, vindicated the legislative supremacy of parliament, and controverted the eulogy passed on the American congress, maintaining rightly that its acts and resolutions savoured strongly of a rebellious spirit. In the course of their arguments it was said that all conciliating means had proved ineffectual, or had only tended to increase the disorders; that if we gave way now from notions of present advantages in trade and commerce, such a yielding would defeat its own object, as the Navigation Act, and all other acts regulating trade, would inevitably fall victims to the interested and ambitious views of the colonists. This was a cogent argument, and Chatham rose to reply to it. He remarked, "If the noble lord should prove correct in suggesting that the views of the Americans are ultimately directed to abrogate the Act of Navigation and the other regulating acts, so wisely calculated to promote a reciprocity of interests, and to advance the grandeur and prosperity of the whole empire, no person present, however zealous, would be readier than myself to resist and crush their endeavours; but to arrive at any certain knowledge of the real sentiments of the Americans, it would first be proper to do them justice—to treat them like subjects before we condemn them as aliens and traitors." Chatham then went over some of his previous arguments, especially contending that the right of taxing-was not included in legislation, and that sovereignty and supremacy did not imply that we could touch the money of the Americans, except by measures of trade and commerce. The motion was negatived by a majority of 68 against 18.

In submitting this motion to the house, the Earl of Chatham said that he had prepared a plan for healing all differences between England and America! This plan he afterwards submitted to Franklin, with whom he had recently much communication, and on Wednesday, the 1st of February, he submitted it to the house. He called it "A Provisional Bill for settling the Troubles in America, and for asserting the supreme legislative Authority and superintending Power of Great Britain over the Colonies." In the speech made on this occasion, lie said, he offered this bill as a basis of measures for averting the dangers which threatened the British empire, and expressed a hope that it would obtain the approbation of both sides of the house. In stating the urgent necessity of such a measure, he represented England and America as drawn up in martial array, waiting for the signal to engage in a contest, in which it was little matter for whom victory declared, as the ruin of both parties was certain. He stood forth, he said, from a principle of duty and affection, to act as a mediator. In doing so, he represented that he would hold the scales of justice even-handed. He remarked, "No regard for popularity, no predilection for his country, not the high esteem he entertained for America on the one hand, nor the unalterable steady regard he entertained for the dignity of Great Britain on the other, should at all influence his conduct; for though he loved the Americans as men prizing and setting the just value on that inestimable blessing, liberty, yet if he could once bring himself to believe that they entertained the most distant intentions of throwing off the legislative supremacy and great constitutional superintending power and control of the British legislature, he should be the very person himself who would be the first and most zealous mover for securing and enforcing that power by every possible exertion this country was capable of making." Chatham concluded by entreating the house to revise and correct the bill, and to reduce it to that form which was suited to the dignity and importance of the subject; and by declaring that he was actuated by no narrow principle or personal consideration, for though his bill might be looked upon as one of concession, it was likewise one of assertion. The bill which Chatham proposed was briefly to the following effect: That the parliament of Great Britain had full power to bind America in all matters touching the weal of the whole dominion of the crown of Great Britain, and especially in making laws for the regulation of navigation and trade throughout the complicated system of British commerce, etc.; that it should be declared that no military force could ever be lawfully employed to destroy the best rights of the people, while at the same time the authority of sending troops to the colonies of the British dominions should be maintained, independent of the voice of the provincial assemblies in the colonies; that no taxes for his majesty's revenue should be levied in America without consent of the provincial assemblies; that the congress of Philadelphia should be legalized and empowered to meet again on the 9th of May ensuing, for the purpose of making due recognition of the supreme legislative authority and superintending power over the colonies, and of voting a free grant to the crown of a certain perpetual revenue, etc.; that the prayer of the petition of congress should then be granted, and that the powers of admiralty and vice-admiralty courts in America should be confined to their ancient limits, and the trial by jury in civil cases should be restored wherever they had been abolished, etc.; that all the recent acts of parliament which had been the cause of the agitation in America should be forthwith suspended; and that, in order to secure due and impartial administration in the colonies, his majesty's judges in the courts of law, who were appointed in America by the crown with salaries, should hold their offices and salaries in the same manner as his majesty's judges in England; quamdiu se bene gesserint. The bill which Chatham introduced concluded thus: "And it is here by further declared that the colonies in America are justly entitled to the privileges, franchises, and immunities granted by their several charters or constitutions; and that the said charters or constitutions ought not to be invaded or resumed, unless for misuser, or some legal ground of forfeiture. So shall a true reconcilement avert impending calamities, and this most solemn national accord between Great Britain and her colonies stand an everlasting monument clemency and magnanimity in the benignant father of his people; of wisdom and moderation in this great nation, famed for humanity as for valour; and of fidelity and grateful affection from brave and loyal colonies to their parent kingdom, which will ever protect and cherish them."