but of necessity. If it does not stand upon that ground, it stands on nothing. The account which has just now been read to you is an authentic paper, transmitted to Government here, shewing that the Council refused, in every case, their assistance and advice; and will this country sit still, when they see the Colony proceeding against your own subjects, tarring and feathering your servants; denying your laws and authority; refusing every direction and advice which you send? Are we, Sir, seeing all this, to be silent, and give the Governor no support? Gentlemen say, let the Colony come to your bar, and be heard in their defence; though it is not likely that they will come, when they deny your authority in every instance. Can we remain in this situation long? We must, effectually, take some measure to correct and amend the defects of that Government, I have heard so many different opinions in regard to our conduct in America, I hardly know how to answer them. The honourable gentleman, who spoke last, formerly blamed the tame and insipid conduct of Government; now he condemns this measure as harsh and severe. The Americans have tarred and feathered your subjects, plundered your merchants, burnt your ships, denied all obedience to your laws and authority; yet so clement, and so long forbearing has our conduct been, that it is incumbent on us now to take a different course. Whatever may be the consequence, we must risk something; if we do not, all is over. The measure now proposed, is nothing more than taking the election of Counsellors out of the hands of those people, who are continually acting in defiance and resistance of your laws. It has also been said by gentlemen—send for the Americans to your bar—give them redress a twelvemonth hence. Surely, Sir, this cannot be the language that is to give effectual relief to America; it is not I say, again, political convenience, it is political necessity that urges this measure: if this is not the proper method, shew me any other which is preferable, and I will postpone it.

Sir George Yonge. It appears to me, Sir, that it is unanswered and unanswerable, what has been advanced by the honorable gentleman who spoke second, that the parties should be heard, though even at a twelvemonth hence. Nothing, Sir, but fatal necessity can countenance this measure. No body of men ought to be proceeded against without being heard, much less ought the regulation of a whole Government to take place, without the parties attending in their defence against such alterations.

Governor Johnstone. I see, Sir, a great disposition in this House to proceed in this business without knowing any thing of the constitution of America; several inconveniences will arise if the Sheriff is to be appointed by the Governor; the jury will of course be biased by some influence or other; special juries will be most liable to this. [Here the Governor gave an account of the different riots which had happened in England, and compared them with what he called the false account of those from America.] I impute, says he, all the misfortunes which have happened in America, to the taking away the power of the Governor. No man of common sense, can apprehend that the Governor would ever have gone for two or three days in the country during these disturbances, if he had had the command of the military power. The natural spirit of man would be fired, in such a manner, as to actuate him to show resistance; but in this Governor no power was lodged. I disapprove much of the measure which is before us, and I cannot think but its consequences will be prejudicial.

Mr. C. Jenkinson. I rise, Sir, only to observe, that if the Colony has not that power within itself to maintain its own peace and order, the Legislature should, and ought to have. Let me ask, Sir, whether the Colony took any step, in any shape, to quell the riots and disturbances? No, they took none. Let me ask again, whether all the checks and control that are necessary, are not put into the commission of the Governments? Much has been said about hearing the parties, and taking away this chartered right; I am of opinion, that where the right is a high political regulation, you are not in that instance bound to hear them; but the hearing of parties is necessary where private property is concerned. It is not only in the late proceedings, but in all former, that they have denied your authority over them; they have refused protection to his Majesty's subjects, and in every instance disobeyed the laws of this country; either let this country forsake its trade with America, or let us give that due protection to it which safety requires.

Mr. Harris. I cannot see, Sir, any reason for so wide a separation between America and England as other gentlemen are apt to think there ought to be; that country, Sir, was hatched from this; and I hope we shall always keep it under the shadow of our wings. It has been said, no representation, no taxation. This was the system formerly adopted, but I do not find it authorized in any book of jurisprudence, nor do I deem it to be a doctrine either reasonable or constitutional. I insist upon it, they are bound to obey both the Crown and Parliament. The last twelve years of our proceedings have been a scene of lenity and inactivity. Let us proceed and mend our method, or else I shall believe, as an honorable gentleman has observed, that we are the aggressors.

Sir Edward Astley. If we have had a twelve years' lenity and inactivity, I hope we shall not now proceed to have a twelve years' cruelty and oppression. By the resolution and firmness which I perceive in the House, it seems to indicate a perseverance in the measure now proposed, which I deem to be a harsh one, and unworthy of a British Legislature.

Mr. Ward found fault with the charter being left too much, as to the execution of its powers, in the People, and he could not think that the Legislature was doing any thing which it had not a right to do, as he had looked upon all charters to be granted with a particular clause in it, expressing that it should not be taken away but by the Parliament.

Governor Pownall. Sir, the few words that I shall trouble the House with on this occasion, will be directed simply to facts, and to the rectifying some matters of fact respecting the constitution of the Province of Massachusetts Bay, which some gentlemen, on both sides the House, seem to me to have mistaken, and to have mis-stated.

As to opinions, I shall never more trouble the House with mine on this subject. While the affairs of America remained on that ground, that opinions might operate on measures of policy, I never withheld mine, poor as they may have been—I always avowed them openly and publicly. In this House I delivered my sentiments explicitly and directly. It was my duty so to do—I consider it as of perfect obligation; and I hope I have fulfilled that duty. I could not but think it a matter of imperfect obligation, even to obtrude my sentiments, and the best information that I could give, in other places, out of this House. I hope I have not there exceeded my duty; I have expressed the same sentiments at all times, and have given the same opinion in what I have written to America. All tended to one point—the pointing out the grounds of reconciliation and peace.

The case at present ceases to be matter of opinion—it is come to action. The measure which you are pursuing will be resisted, not by force, or the effect of arms, as was said by an honorable gentleman on the late occasion, but by a regular united system of resistance.

I told this House, (it is now four years past,) that the People of America would resist the tax which lay then upon them—that they would not oppose power to your power, but that they would become impracticable. Have they not been so from that time to this very hour? I tell you now, that they will resist the measures now pursued, in a more vigorous way. You will find them prepared for such resistance, not by arms, but by a system of measures. The Committees of Correspondence in the different Provinces, are in constant communication—they do not trust the conveyance of the Post-Office—they have set up a constitutional courier, which will soon grow up to the superseding of your Post Office. As soon as intelligence of these affairs reach them, they will judge it necessary to communicate with each other. It will be found inconvenient and ineffectual so to do 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.

On the other point, should matters ever come to arms, you will hear of other officers than those appointed by your Governors. When matters once come to that it will be, as it was in the late civil wars of this country, of little consequence to dispute who were the aggressors—that will be merely matter of opinion. It is of more consequence at