paffion; at leaft thy had the happinefs not to be obliged to act fyltematically wrong. They appear accordingly to have avoided, as well as in matters fo critical perhaps they could be avoided, the two extremes, on one of which it was apprehended they muft inevitably have firuck: they neither precipitated affairs in America by the rafhnefs of their councils, nor did they facrifice the dignity of the crown or nation, by ir hardship of their circumftances might merit relief. Others there were who gave themfelves no trouble as 'to the rectitude of the American taxation, but who would have been very glad that their own burdens at home could be at all lightened, by any fums, that could be drawn in any manner out of the pockets of the colonifts; and in general it may be fuppofed that the lovers and affertors of high prerogative naturally chimed in with the rest upon their own principles.refolution or weaknefs; and the There were not a few alfo who firft kept aloof from, and in due time declared againft, the ministry, upon fome fymptoms which appeared early of their wanting that countenance, which, as it hath been favourable or adverfe, has determined the good or ill fortune of the feveral fucceffive fyftems of adminiftration for fome years paft. This part of the oppofition was, for very obvious realons, by much the moft dangerous. To balance this powerful oppofition, the adminiftration confifted of gentlemen, who, though many of them were young in office, were yet extremely high in eftimation; whofe characters were clear; whofe integrity was far above fufpicion, and whofe abilities feemed to grow with the difficulties of the butinefs they were engaged in their conftant adherence alfo to the cause of liberty, had procured them the confidence and good-will of the public, both of which they enjoyed in a very eminent degree. They had befides fome other advantages: as they were not bound to the fupport of measures at all events, merely becaufs they had planned or advifed them; fo they could weigh matters with coolnels and impartiality, and judge without prejudice or VOL. IX. firmnefs, as well as temper, which appeared in their dispatches to the different governors, when examined by the houfe, did them the greatest honour. By preferving this medium, by fufpending their own judgment in a matter of fo great importance, till they had obtained that of the reprefentatives of the nation, they fill left it in the power of the fupreme legifla ture, to ufe healing meafures, and did not urge their fellow-fubjects, through defperation, to the com mittal of fuch acts as could not be forgiven. Notwithstanding the prudence of this conduct, it was feverely animadverted on by the oppofite party. Thefe gentlemen would have the moft coercive means made ufe of, for enforcing the new laws and regulations in which themfelves had fo great a fhare; fully fenfible of the difgrace that must be reflected on them by a repeal, it is not unnatural to fuppofe, that they with ed to fee the executive power fo deeply engaged before the meeting of parliament, that the legiflative could not then in honour recede from the fupport of it. Upon this principle, the plan of moderation that had been adopted, was op pofed with the greatest acrimony, [D] and and the fevereft invectives pointed at adminiftration, for not having immediately employed troops and fhips of war, to enforce the laws in fuch a manner, as the outrageouf nefs of the resistance, and the importance of the authority which was refifted, did, as they afferted, indifpenfably require. In the mean time, the American affairs were become a general fubject of difcuffion, and numberless pamphlets were wrote on both fides of the queftion: in general, both fides were guilty of the fame fault, though in the most oppofite extremes; the advocates for the colonies carried the idea of liberty to the highest pitch of enthufiafm, while their antagonists feemed to imagine, that a perfon forfeited every birthright and privilege of an Englishman by going to live in America. They both alfo proved a great deal too much; while the former feemed to confider the colonies rather as independent ftates in a fort of equal alliance with the mother country, than as dominions depending upon and belonging to her; they furnished the ftrongeft reafons, why that irregular fpirit of enthufiam fhould be timely checked, by making them fenfible of their dependence. On the other hand, the enemies of the colonies, by exaggerating their power, opulence, and population, fufficiently proved the neceffity of treating them with tendernefs; as, if their calculations were allowed to be well founded, it must be impoffible to retain them long in fubjection by any other means. In this fituation were affairs when the parliament met 17 Dec. in the latter end of the year 1765. Particular notice was taken from the throne of the importance of the matters which had occurred in North America, and which were given as a reafon for affembling the two houfes fooner than was intended, that they might have an opportunity to flue the neceffary writs on the many vacancies that had happened fince the last feffion; and proceed immediately after the recefs to the confideration of the weighty matters that fhould then be laid before them, for which purpose the fulleft accounts of the American affairs fhould be prepared for their infpection. Moft of the friends to adminiftration had vacated their feats in confequence of the late changes, fo that by deaths and promotions there were 41 feats now vacant. Some thought it would be ungenerous to make any ftrictures upon the conduct of the minifters, till they fhould be in a fituation to vindicate or explain it, in their proper perfons as members of the houfe: it appears, however, that others were of a contrary opinion. An addrefs having been refolved in anfwer to the king's fpeech, a motion was made by the oppofition, that his Majefty might be addrefled to give orders, that copies of all letters, papers, orders, or inftructions, fent from the fecretary of ftate's office, or the other principal departments, to the governors and officers of the crown in North America, together with copies of all anfwers thereto, and of all other papers relative to the late difturbances there, to the execution of the ftamp duty, to the enforcing of the laws, and to the quelling of riotous and tumultuous diforders, fhould be laid before the houfe. This motion feemed the more extraordinary, as it had been declared from the throne that the fulleft accounts of thefe affairs fhould be laid before parliament. The houfe probably thought the propofition not very decent with regard to the crown, nor can So did with regard to the ministry, in their fituation at that time." that on a fharp debate, the previous queftion being put, it was carried in the negative by a majority of 70 to 35. The houfe having then iffued the neceflary writs, adjourned for the holidays. CHAP. VII. Parlament meet after the holidays. The American affairs again particularly recommended from the throne; addrefes thereon. Petitions fent from the trading and manufacturing towns. Great debates upon the right of taxation. The right of taxation confirmed and afcertained. The fecond fpeech Jan. 14. from the throne, as well as the first, pointed out the American affairs to parliament, as the principal object of its deliberations: both houfes by their addreffes fhewed that they looked upon them in the fame important light. Petitions were received from the merchants of Lundon, Bristol, Lancafter, Liverpoole, Hull, Glasgow, &c. and indeed from moft of the trading and manufacturing towns and boroughs in the kingdom. In thefe petitions they fet forth the great decay of their trade, owing to the new laws and regulations made for America: the vast quantity of our manufactures, (befides thofe articles imported from abroad, which were purchased either with our own manufactures, or with the produce of our colonies) which the American trade formerly took many thoufand manufacturers, feamen, and labourers had been employed, to the very great and increafing benefit of the nation. That, in return for thefe exports, the petitioners had received from the colonies, rice, indigo, tobacco, naval ftores, oil, whale-fins, furs, and lately potash, with other ftaple commodities, befides a large balance in remittances by bills of exchange and bullion, obtained by the colonifts for articles of their produce, not required for the British market, and therefore exported to other places. That from the nature of this trade, confifting of British manufactures exported, and of the import of raw materials from America, many of them used in our manufactures, and all of them tending to leffen Our dependence on neighbouring ftates, it must be deemed of the highest importance in the commercial fyftem of this nation. That this commerce, fo beneficial to the ftate, and fo neceflary for the fupport of multitudes, then by under fuch difficulties and difcouragements, that nothing lefs than its utter ruin [D] 2 was was apprehended without the immediate interpofition of parlia ment. That the colonies were then indebted to the merchants of Great Britain, to the amount of feveral millions ftirling; and that, when preffed for payment, they appeal to paft experience in proof of their willingnefs; but declare, it is not in their power at prefent to make good their engagements, alledging that the taxes and reftrictions laid upon them, and the extenfion of the jurifdiction of the vice-admiralty courts, established by fome late acts of parliament, particularly by an act paffed in the 4th year of his prefent Majecty, for granting certain duties in the British colonies and plantations in America, and by an act paffed in the 5th year of his Majefty, for granting and applying certain ftamp duties, &c. in the faid colonies, &c. with feveral regulations and refiraints, which, if founded in acts of parliament for defined purpofes, they reprefent to have been extended in fuch a manner, as to disturb legal commerce and, harrafs the fair trader: and to have fo far interrupted the ufual and former most useful branches of their commerce, reftrained the fale of their produce, thrown the fate of the feveral provinces into confufion, and brought on fo great a number of actual bankrupt cies, that the former opportunities and means of remittances 'and payments were utterly loft, and taken from them. That the petitioners were by thefe unhappy events reduced to the neceflity of applying to the houfe, in order to fecure themfelves and their families from impending ruin; to prevent a multi tude of manufacturers from becoming a burden to the community, or elfe feeking their bread in other countries, to the irretrievable lofs of the kingdom; and to preferve the ftrength of this nation entire, its commerce flourishing, the revenues increafing, our navigation, the bulwark of the kingdom, in a flate of growth and extenfion, and the colonies, from inclination, duty, and intereft, firmly attached to the mother country. Such a number of petitions from every part of the kingdom, pregnant with fo many interefting facts, flated and attefted by fuch numbers of people, whofe lives had been entirely devoted to trade, and who must be naturally fuppofed to be competent judges of a fubject which they had fo long and fo clofely attended to, (befides that it fhewed the general fenfe of the nation), could not fail of having great weight with the houfe.--There was allo a petition from the agent for the island of Jamaica, fetting forth the ill confequences that had attended a stamp-tax, that had been laid on in that ifland by the affembly, and which was fuffered to expire, it having been found unequal and burdenfome in a very high degree. And he conceived the prefent law for a ftampduty in the colonies, would be attended with the fame, if not greater inconveniencies. There were also petitions received from the agents for Virginia and Georgia, fetting forth their inability to pay the ftampduty, &c. It is remarkable, that thefe three were the only peti tions delivered this fellion in the name of any of the colonies: which must be imputed to the reception their petitions met with the laft year, of which we have already taken notice. But neither the arguments nor facts contained in the petitions could prevail on the party who had refolved on the fupport of the stamp aft at all events, to remit in the leaft of their ardour. They reprefented the petitions as the effects of minifterial artifice. And they argued, even if the distress of trade, from a due exertion of the authority of parlia· ment,,had been as real and as great as it was reprefented; yet it were better to fubmit to this temporary inconvenience, than, by a repeal of the act, to hazard the total lofs of the juft fuperiority of Great Britain over her colonies. Thole who contended for the repeal were divided in opinion as to the right of taxation: the more numerous body, of whom were the miniftry, infifted that the legiflature of Great Britain had an undoughted right to tax the colonies; but relied on the inexpediency of the prefent tax, as ill adapted to the condition of the colonies, and built upon principles ruinous to the trade of Great Britain. ter occafioned the houfe to attend to it with the moft unwearied application, and twelve, one, or two o'clock in the morning, were he come common hours of dining with the members, fo late it fre quently was before they broke up from the public bufinefs; yet the nature of their inquiries, the number of petitions they received, and the multitude of papers and witnefes they had to examine, occa❤ fioned a delay which could not be remedied. During which time there were continual debates, and the oppofition made the most frenuous efforts for enforcing the ftamp act, and by every means to prevent the repeal. There were two quetions arofe in the courfe of this debate, upon which the whole turned. The first was, whether the legislature of Great Britain had a right of taxation over the colonies, or not? The fecond was confined to the expe diency, or inexpediency of the late laws. We fhall give fome of the arguments that were made ufe of on both fides, without prefum. ing to give any opinion of our own, which in this cafe will be the eafier excufed, as it has already been decided to general fatisfaction, by the higheft authority. Those who denied the right of taxation, were not fo numerous; but they confifted of fome of the moft diftinguished and popular names in the kingdom, among which was that of a noble lord at the head of one of the first departments of the law, who, by fome decifions favourable to liberty, food high in the esteem of the public; and a right honourable commoner, who had long enjoyed the molt unbounded popular applaufe, together with other lords and gentlemen of the first character. Though the urgency of the mat |