having once gained the grand point of peace and submission to our laws.
Mr. Dowdeswell. I am the last man to entertain prejudices against Juries. I revere and honour the institution. I rejoice also that Governor Hutchinson is removed, because he has not acted as he ought to do, either towards this country or America.
Lord Carmarthen. I do not mean, Sir, to trouble the House long, but I hope I am justified, by the importance of the question, in delivering my sentiments. Great Britain neither can nor ought to sit silent, and behold the riots and disturbances that have been committed in America; committed, I say, by a People sent out from this country, as it were from our own bowels; to see these men disobey the laws and precepts of Great Britain, and to sit tamely, and take no notice, would be insipid conduct, highly unworthy the British Legislature. For what purpose were they suffered to go to that country, unless the profit of their labour should return to their masters here? I think the policy of colonization is highly culpable, if the advantages of it should not redound to the interests of Great Britain. I cannot see this Act in any other light, than as giving that same degree of relief to every subject in America, in the same manner as it gives protection and security to the military; I shall therefore give it my affirmative, and hope, upon some future day, to express my further sentiments upon that part relating to the trial by Juries.
Lord North. I rise once more to wipe off the aspersion that has been thrown upon Governor Hutchinson, and I am much surprised to find that it was the sentiment of even one gentleman in this House, that the removal of Governor Hutchinson was considered as part of the merit of this measure. I do not know a man who has a greater share of merit; nor did I ever hear any charge brought against him. He was shamefully abandoned in the execution of his duty, by those who ought to have supported him. Governor Hutchinson had before this affair desired and obtained leave to come home. A ship is now arrived at Bristol, in which he had taken a passage, but as the government of the Province, in those disturbed times, would have fallen into the hands of the Council in his absence, in case of the death of the Lieutenant Governor, who was then very ill, he chose rather to adhere to his duty, and stay in that country, to endeavour to quiet those alarming disturbances. This surely, Sir, was acting the part of a faithful servant of the Crown; I would only tell the House that Governor Hutchinson is not recalled home upon account of any misconduct; and that he is not here at present is certainly a mark of his duty, and deserves the thanks of this Assembly.
Captain Phipps rose to explain, and said, that he did not blame Governor Hutchinson for his conduct without reason, which he would give to the House; he thought him culpable upon two occasions, the one for suffering his son to be appointed a consignee of the tea, and the other for setting at defiance the Assembly. I think him also highly blameable (says he) for not acting without his Council. Here seems to be in him a pretended mildness, and a determined prepossession of irritation.
General Conway. We ought not, Sir, I think to dive into People's characters; the more important business requires our serious consideration; the measure that is now before you is full of difficulties; it has given a serious turn to his Majesty's Ministers; and this Bill is the produce of many laboured hours, which we may felicitate ourselves upon. I shall not give my opinion now. I am for this plan, and for giving it its due consideration, though I am apt to think that this measure will have no other tendency than a distrust of the Americans. I am a friend to America. There must be a kind of connection with Great Britain, which is necessary for the carrying on the measures of Government. Let us preserve temper in our proceedings. The Americans have obeyed the laws, except that of taxation; and I should be glad to hear how this olive branch, that is so much talked of, is to go out. Nothing less than non-taxation, in my opinion, can be the olive branch; if the system of taxation is to be maintained, I am sure it will give trouble enough; but if his Majesty's Ministers have the least thoughts of putting an end to the taxation, let them adopt it now at once, and it will put an end to every thing.
Mr. Van. I do not rise to give the House much trouble, but just to make one observation upon what an honorable gentleman has said; that if we will not tax that country, they will return to their duty. I do most heartily agree with him; I believe they will; but if they oppose the measures of Government that are now sent out, I would do as was done of old, in the time of ancient Britons, I would burn and set fire to all their woods, and leave their country open, to prevent that protection they now have; and if we are likely to lose that country, I think it better lost by our own soldiers, than wrested from us by our rebellious children.
Lord North's motion was then agreed to, and the Committee rose.
Sir Charles Whitworth reported from the Committee, that he was directed by the Committee, to move the House, that leave be given to bring in 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 law, or for the suppression of riots and tumults, in the Province of Massachusetts Bay, in the Province of New England.
Ordered, That leave be granted to bring in the Bill; and that Sir Charles Whitworth, the Lord North, Mr. Attorney General, and Mr. Solicitor General, do prepare, and bring in the same.
THURSDAY, April 21, 1774.
Immediately after presenting the Papers this day, [See folio 70.]
The Lord North presented to the House, according to order, the Bill:
And the same was read the first time, upon which,
Mr. Sawbridge arose, saying, Sir, I am astonished at the noble Lord's proceeding, in bringing in a Bill of the utmost consequence, at a time when there is so thin a House. [There were only forty-one members.] It is an improper time; it is taking us by surprise; it is cowardly. But, Sir, I should think myself highly unworthy a seat in this Assembly, were I to suffer so pernicious a Bill to pass in any stage, without giving my hearty negative to it. I will oppose it every time I have an opportunity, although I do not imagine I shall be much attended to. This is a Bill, Sir, of such a ridiculous and cruel nature, that I really am astonished how any person could think of making it. Does the noble Lord think that a man who chances to see a person murdered in America, will come over here as an evidence against the aggressor? Does the noble Lord think that any American would hazard a trial here, or that he would expect to have justice done him, if he was to come over? Then a person would be brought over here to be tried, and you would have evidences only on one side; but I imagine if those evidences should not be sufficient, evidence here, who never saw the transaction, would be procured, and the criminal acquitted. I plainly foresee the dangerous conseqences of this Bill; it is meant to enslave America; and the same Minister who means to enslave them, would, if he had an opportunity, enslave England; it is his aim, and what he wishes to do; but I sincerely hope the Americans will not admit of the execution of these destructive Bills, but nobly refuse them; if they do not, they are the most abject slaves that ever the earth produced, and nothing that the Minister can do is base enough for them.
Lord North. Sir, I think myself called upon to vindicate my conduct for bringing in the Bill in so thin a House. Sir was I to know there would be few members attend? I did as I promised I would do, which was, to bring in the Bill as soon as it was ready; it was but just finished when I brought it, and I little expected to have any debate upon it in this stage: I thought, Sir, the debate would be upon the second reading; it usually is so; and I sincerely hope when this Bill is read a second time, that we shall have a very full House, and let every gentleman give his opinion upon it. I wish to have it thoroughly discussed, and if it should be found to be a bad Bill, in God's name throw it out; if found otherwise, you cannot be too unanimous in assenting to it; the more unanimity there is, the stronger effect it will have. As to its being meant to enslave America, I deny it, I have no such intention; it is an unpleasant, but necessary step to bring
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