respecting the other; but let any man figure to himself the consequences to this country, if a similar punishment was applied to the Colony of Virginia; £300,000 a year diminution in revenue, besides the loss of all the foreign contracts, and perhaps of that beneficial trade forever. Notwithstanding the general approbation which has been given to this Bill, and the loud applauses which have been re-echoed to every word of the noble Lord in explaining it, yet no man will be bold enough to say, that this partial punishment is a remedy for the general disease. And yet without knowing what is to follow, no man can be vindicated (even supposing the Bill right in part) for giving his assent to it. Those gentlemen who are in the secrets of the Cabinet, and know: how assuredly every proposition from them is adopted by this House, may be excused for their sanguine acclamations in favour of the measure, but the general mass, who must be equally ignorant with myself, of what is to follow, can have no excuse for giving their assent so readily for punishing their fellow subjects in so unprecedented a manner, and their eager zeal serves only to shew how ready they are to obey the will of another, without exercising their own judgment in the case. If the Government of this country is resisted in America, my opinion is, instead of removing the seat of Government in the Colony, and forcing the elements to bend to our will, (which is impossible) that an effectual force should be carried to the heart of the Colony resisting, to crush rebellion in the bud, before a General Confederacy can be formed. In the present case we abandon the Government, and drive the inhabitants to despair, leaving the multitude a prey to any ambitious spirit that may arise. For my own part, I am convinced, from experience in the Colonies, that good Government may be conducted there upon rational grounds, as well as in this country; but the power and means of governing, rewards and punishments, are taken from your supreme executive Magistrate in every sense, and then you are surprised that all order and obedience should cease. The Colonies can only be governed by their Assemblies, as England by the House of Commons; the Patent Offices, as well as those in the Customs, which were formerly given at the recommendation of the Governors, to men supporting Government, and residing in the Provinces, are now in reversion three or four lives deep, to men living in this country. The command of the military, which was another great source of respect and obedience, is likewise taken from the Governor: so that in truth he remains an insignificant pageant of state, fit only to transmit tedious accounts of his own ridiculous situation: or, like a Doctor of the Sorbonne, to debate with his Assembly about abstract doctrines in Government.
I am far from wishing to throw any blame on Governor Hutchinson, or to condemn him, like the town of Boston, unheard. The absence of the man and the general clamour against him, will restrain me from saying many things respecting his conduct, which appear reprehensible; but I cannot admit a passage in the speech of a noble Lord to pass unnoticed. His Lordship alleges, "That the Governor could not apply to the Admiral in the harbour, or to the Commanding Officer of the troops in the castle, for the protection of the custom-house officers, as well as teas in question, without the advice of his Council." But I beg leave to inform the noble Lord, as I served in that station myself that there is a volume of instructions to every Governor on this subject, whereby he is commanded under the severest penalties, To give all kind of protection to trade and commerce, as well as to the officers of his Majesty's Customs, by his own authority, without the necessity of acting through his Council." Nor can I conceive a possible excuse for the destruction of those teas, while two men-of-war lay in the harbour, without the least application having been made to the Admiral for protection, during so long a transaction.
The first essential point in those disputes which are now likely to become so serious by the weakness of Administration, in this country, in following no connected plan, either of force or of favour, but constantly vibrating between the two, is to put ourselves in the right, and for this purpose I would recommend the immediate repeal of the Tea Duty, which can be vindicated upon no principles, either of commerce or policy. Men may allege this would be giving up the point; but if we have no better points to dispute upon, I am ready to yield the argument. Raising taxes in America for the purpose of revenue, I maintain to be unnecessary and dangerous. A Stamp Act, as a measure of police, varied for the different Governments, and leaving the revenue raised thereby to be appropriated by the respective Legislatures, I hold to be a measure of the highest efficacy, for maintaining a due obedience to the authority of this country, and prolonging that dependence for ages to come. How far it can be executed, after what has already passed, I am rather diffident, but of this I am certain, that in case Great Britain is deprived of executing a measure of that nature, which by pervading every transaction, secures the execution in itself, she has lost one of the greatest engines for supporting her influence throughout the Empire without oppression. Some men who are for simplifying Government to their own comprehensions, will not allow they conceive that the supreme legislative authority shall not be paramount in all things, and taxation being fully comprehended in legislation, they argue, that the power of the one must necessarily follow that of the other; and yet we find mankind possessed of privileges which are not to be violated in the most arbitrary countries. The Province of Languedoc is a striking example in refutation of the doctrines respecting taxation, which are held by such narrow observers. The Kingdom of Ireland in another instance in our, dominions. There is not one argument which can apply for exempting Ireland from taxation by the Parliament of Great Britain, that does not equally protect the Colonies from the power of such partial judges. Every man should now call to his remembrance by what obstinate infatuation Philip II, came to lose the United Provinces. Can it be supposed that in a nation so wise as Spain was at that time, that no man perceived the injustice and futility of the measure in dispute? But I can easily suppose, from the pride of authority, where our vanity is so much flattered, that no man durst venture a proposition for receding from that cruel measure, after it had been resisted by violence.
These are the general heads.
The particular objections to the Bill are, first for continuing the punishment, until satisfaction shall be made to the India Company," without stating the amount, or what that satisfaction shall be. Next, until peace and good order shall be certified to be restored," when it is impossible, as to the subject in dispute, that such certificate can ever be granted, because the custom-house officers are removed, and all trade and commerce prohibited. The numerous disputes and litigations which must necessarily arise in carrying this law into execution, on contract made by parties before they could be apprized of it, and the despatch of ships in harbour, under the limited time, without any exception for the desertion of seamen, or wind and weather, is altogether melancholy to consider! The power given to the Admiral or Chief Commander, to order the ships returning from foreign voyages, to such stations as he shall direct, is wild, vexatious, and indefinite. That of permitting his Majesty to alter the value of all the property in the town of Boston, upon restoring the port, by affixing such quays and wharfs as he only shall appoint, for landing and shipping of goods, is liable to such misrepresentation and abuse, that I expect to see every evil follow the exercise of it, and it must create infinite jealousies and distraction among the People.
I am therefore of opinion, that this Bill, both from the principle and manner in which it has been passed, and from forerunning the general regulations that are intended, and which ought at least to accompany it, instead of quieting the disturbances in Boston, it will promote them still further, and induce the inhabitants to cut off all communication with your ships of war, which may be productive of mutual hostilities, and most probably will end in a general revolt.*
* To the Printer of the NORFOLK INTELLIGENCER.
Remarks on Governor Johnstone's Speech in the House of Commons.
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