the other favoured Provinces, though it was well known that they had, in their legislative capacity, denied the right of taxation; and had conformably to those sentiments, transmitted a Petition to the King, a Memorial to this House, and a Remonstrance to the other. His Grace, therefore, desired to know the reason why they were singled out from the rest, when the offence was the same. He had no objection to the indulgence; but he could not perceive how their Lordships could reconcile their conduct on this occasion with any rule of consistency whatever.

The Earl of Effingham. I have been well informed that a Ship has arrived at New-York, and that the people of that Colony absolutely and peremptorily refused to permit any part of the cargo to be landed. I therefore call on some of the noble Lords in Administration, to contradict this account if false, or confirm it if it be true. Should the latter be the case, I cannot for my part conceive, on what ground the present exemption in favour of New-York can be defended.

The Earl of Dartmouth. It is not in my power directly to contradict, or affirm, the intelligence of the noble Lord. All I can say on the subject is, that the last account I received was from a gentleman of veracity on the spot, who, writing on the Saturday, and informing me of the arrival of the Vessel, assures me, that the Goods would be landed on the Monday following.

The question was then put, "Whether these words shall stand part of the Bill?"

It was resolved in the Negative.

Other amendments were offered and agreed to.

Then it was moved, "That this Bill, with the amendments, do Pass?"

Which being objected to;

The question was put, "Whether this Bill, with the amendments, shall Pass?"

The House divided—for the Bill, 73, against it, 21, viz: Camden, Richmond, Devonshire, Portland, Buckingham, Ponsonby, Abingdon, Manchester, Courtenay, Tankerville, Scarborough, Cholmondeley, Abergavenny, Wycombe, Torrington, Effingham, Fitzwilliam, Craven, Leinster, Stanhope, Archer.

So it was resolved in the Affirmative.

The following Protest was entered:

Dissentient.

1st. Because the attempt to coerce by famine, the whole body of the inhabitants of great and populous Provinces, is without example in the history of this, or perhaps of any civilized nation; and is one of those unhappy inventions, to which Parliament is driven by the difficulties which daily multiply upon us, from an obstinate adherence to an unwise plan of government. We do not know exactly the extent of the combination againt our commerce in New England, and the other Colonies; but we do know the extent of the punishment we inflict upon it, which is universal, and includes all the inhabitants; amongst these, many are admitted to be innocent; and several are alleged by Ministers to be, in their sense, even meritorious. That Government which attempts to preserve its authority by destroying the trade of its subjects, and by involving the innocent and guilty in a common ruin, if it acts from a choice of such means, confesses itself unworthy; if from inability to find any other, admits itself wholly incompetent to the ends of its institution.

2dly. Because the English Merchants are punished without any guilt, real or pretended, on their part. The people of the proscribed Provinces, though failing in their duty to Government, ought to be permitted to discharge their obligations to Commerce. Without their Fishery, this is impossible. The Merchants of England entertain no fears for their debts, except from the steps which are said to be taken in their favour. Eight hundred thousand Pounds of English property, belonging to London alone, is not to be trifled with, or sacrificed to the projects of those who have constantly failed in every expectation which they have held out to the publick, and who are become more bigotted to methods of violence, in proportion to the experience of their inefficacy, and the mischievous consequences which attend them.

3dly. Because the people of New England, besides the natural claim of mankind to the gifts of Providence on their own Coast, are specially entitled to the Fishery by their Charters, which have never been declared forfeited. These Charters, we think, (notwithstanding the contempt with which the idea of publick faith has been treated,) to be of material consideration. The Bill, therefore, not growing out of any judicial process, seems equally a violation of all natural and all civil right.

4thly. Because we conceive that the attempt which has been made to bribe the Nation into an acquiescence in this arbitrary Act, by holding out to them (by evidence at the bar) the spoils of the New England Fishery, worth upwards of £300,000 a year, to be a scheme full of weakness and indecency; of indecency, because it may be suspected that the desire of the confiscation has created the guilt; weak, because it supposes that whatever is taken from the Colonies, is of course to be transferred to ourselves. We may trample on the rules of justice; but we cannot alter the nature of things. We cannot convey to Great Britain the advantages of situation which New England possesses for the Fishery. If the value of the commodity should be enhanced at the foreign market by the exclusion of so large a part of the supply, it may either greatly injure the sale of the commodity itself, or put the consumers on new articles of consumption, or new methods of supply, to the just ruin of those who, deluded by avarice, have chosen, from the vain hope of an enhanced market, to disturb the natural, settled, and beneficial course of traffick.

5thly. Because we do not apprehend that the topick so much insisted upon by a Lord high in office, in favour of this project, namely, the cowardice of his Majesty's American subjects, to have any weight in itself, or to be at all agreeable to the dignity of sentiment which ought to characterize this House. We do not think it true, that any part of the subjects of this Empire are defective in bravery. It is to the last degree improper to act upon such a supposition; as it must highly disgrace our arms in case of misfortune, and roust take away all honour from them in case of success. Nothing can tend more effectually to defeat the purposes of all our coercive measures, than to let the people against whom they are intended know, that we think our authority founded in their baseness; that their resistance will give them some credit, even in our own eyes; and that we attribute their obedience only to their want of courage. This is to call for resistance, and to provoke rebellion by the most powerful of all motives which can act upon men of any degree of spirit and sensibility.

6thly. Because the interdict from Fishing and Commerce, is not to be terminated by any certain and definite act to be done by the party interdicted, but its duration depends solely on the will of the Governours and majority of the Council in some of the Provinces; upon their mere arbitrary opinion of the state of commerce. In two of the proscribed Provinces, the interdict is made to depend on the same arbitrary will in much worse hands, those of mere Custom House Officers. A power of such magnitude is not fit to be delegated to any man, however wise or however exalted.

But to deliver over several hundred thousands of our fellow-creatures to be starved at the mere pleasure of persons in certain subordinate situations, and some of them in an office always more or less suspicious and obnoxious, and necessary to be watched and guarded, rather than vested with absolute power over all; and this without any rule to guide their discretion, without any penalty to deter from an abuse of it, is a strain of such tyranny, oppression, and absurdity, as we believe never was deliberately entertained by any grave assembly.

Lastly. Because the Bill, though in appearance a measure of retaliation only, upon a supposition that the Colonies have been the first aggressors, by their Association not to import Goods from Great Britain, yet is in truth a most cruel enforcement of former oppressions; and that Association is no more than a natural consequence of antecedent and repeated injuries. And since the restraint of this Bill is not to be taken off till the several Colonies shall agree to receive again all Goods whatsoever from Great Britain, and to pay all the Duties imposed by Parliament, not excepting those upon Tea; and since three of them must apply through the medium of the new Council of Massachusetts Bay, and the last mentioned Province is obliged