Mr. Cornwall said it was contrary to every idea of the supremacy of Parliament to receive a paper in which the Legislative rights of Parliament were denied; before such a paper could be brought up, the Declaratory Act ought to be repealed: but the paper was not of that magnitude; it was only from twenty-six individuals.

Mr. Jenkinson, on the same side, urged that the House had never received Petitions of this nature: but that here the name of a Petition was studiously avoided, lest any thing like an obedience to Parliament should be acknowledged. The opposition of the Colonies was not so much against the tax which gave rise to the present dispute, as to the whole Legislative authority of Parliament, and to any restrictions of their trade. He reprobated every part of the Remonstrance, and, therefore, was not for suffering so disrespectful a paper to be brought up.

Mr. Aubrey. After all the abilities that have been exerted this session, in behalf of the rights of America, it would be inexcusable in me, were I to presume to detain the House more than a few moments with any thing that I might have to offer upon the subject before us: but, as I have ventured to deliver my sentiments here upon some occasions, I am unwilling to give a silent vote upon this; because 1 think it a very critical, as well as a very important one. The Petitioners, 'tis true, who now apply to us, remonstrate against our right of internal taxation; but they acknowledge, with great decency and respect, the supreme government of this Legislature over the whole Empire, as well as its authority, to the utmost extent, to regulate the Trade and Commerce of the Colonies, and at the same time, they give us the strongest assurances, "that they are, as they ever have been, ready to bear their full proportion of Aids, whenever the Crown, with the consent and approbation of Parliament, may make such requisitions as the publick service shall call for." Sir, this Remonstrance may be in opposition to our Declaratory Act: but it is in defence of their customary and prescriptive exemption from British taxation; the loss of which exemption will put them into the condition of slaves, whose all will then depend only upon the justice or the generosity of their masters.

Though I am ready, sir, to declare in the words of the greatest Minister this country knows, that I think we have no right under Heaven to tax the Americans without their consent; yet, for the sake of argument, I will admit that such a right, if we reason strictly and logically, may be made out partly from the words of some of their Charters, and partly upon the nature of sovereignty itself: but, whatever the right may be, every one knows that, till of late, it was never exercised, and was, therefore, grown, at best, obsolete, if a thing never practised, can properly be called so. Now, a right that is become obsolete, is very near akin to no right at all; and when revived, is as offensive as if it had never previously existed. Among the oppressive measures of Charles the First, it was none of the least that he revived obsolete claims. Indeed, some of our modern historians (and those I allude to are at present most in fashion have reduced the whole of his oppressions to this denomination: but, sir, this Nation was incensed, and the greater part rose in arms against him for this practice. And do we wonder that the Americans are so little disposed to claims that had laid dormant so long, and which few of them, if any, had ever so much as heard of? After looking backward to the origin of this right, let us now look forward to its consequences. And here the Americans seem equally excusable for not admitting a principle which may be abused to their ruin, and which is not unlikely to be so abused. Whenever a Minister wants money for bad purposes, and finds the Nation clamorous against his raising it at home, what so natural for him as to supply his wants by the plunder of another Nation, whose clamours either do not reach him, or, from their distance, are too weak to disturb his repose. The temptation, sir, is as great as the necessities of Ministers are frequent; and both together will easily overcome their scruples. I cannot, therefore, think that the Americans can be too tenacious of that customary privilege of taxing themselves, which is their only security against being reduced to beggary and famine. And I shall only farther add, that as long as Government persists in attempting to tax the Americans without their consent, so long shall I think myself justified in taking every opportunity of voting on the side of that oppressed, perhaps 1 might say, devoted people.

Mr. Fox said, the right of Parliament to tax America was not simply denied in the Remonstrance, but as coupled with the exercise of it. The exercise was the thing complained of, not the right itself. When the Declaratory Act was passed, asserting the right in the fullest extent, there were no tumults in America, no opposition to Government in any part of that country; but when the right came to be exercised, in the manner we have seen, the whole country was alarmed, and there was an unanimous determination to oppose it. The right, simply, is not regarded; it is the exercise of it that is the object of opposition. It is this exercise that has irritated, and made almost desperate, several of the Colonies; but the noble Lord (North) chooses to be consistent; he is determined to make them all mad alike. The only Province that was moderate, and in which England had some friends, he now treats with contempt. What will be the consequence, when the people of this moderate Province are informed of this treatment? That Representation which the cool and candid of this moderate Province had framed, with deliberation and caution, is rejected; is not suffered to be presented—no, not even to be read by the Clerk. When they hear this, they will be inflamed; and, hereafter, be as distinguished by their violence, as they have, hitherto, been by their moderation. It is the only method they can take to regain the esteem and confidence of their brethren in the other Colonies, who have been offended at their moderation. Those who refused to send Deputies to the Congress, and trusted to Parliament, will appear ridiculous in the eyes of all America; it will be proved, that those who distrusted and defied Parliament had made a right judgement; and those who relied upon its moderation and clemency, had been mistaken and duped. The consequence of this must be, that every friend the Ministers have in America, must either abandon them, or lose all credit and means of serving them in future.

The noble Lord {North) acknowledges the Quebec Duties are not laid exactly as they ought to be. This matter is not introduced in the Remonstrance on account of its being a grievance; but to show how extremely ignorant the present Ministers are of the proper mode of American taxation. What is there to hinder the people of New- York from trading with the interiour country as before? Every thing is just the same; there are no Troops to hinder them passing and repassing as usual. Ts there so much as an Officer to receive that Duty which is directed to be paid? It is mentioned to convince you of your ignorance in taxing America. You mate un Act of Parliament, to raise a revenue in that country, and yon not only make a capital blunder in it, but stumble at the threshold of collecting it.

Governour Johnstone observed, that when Mr. Wilkes had formerly presented a Petition, full of matter which the House did not think fit to enter into, they did not prevent the Petition being brought up; but separated the matter which they thought improper, from that which they thought ought to be heard. The House might make use of the same selection here. Ministers have long declared, they wished for a dutiful application from one of the Colonies, and now it is come they treat it with scorn and indignity. He was severe on Mr. Cornwall's saying it came only from twenty-six individuals. These twenty-six are the whole Assembly. When the question to adopt the measures recommended by the Congress, was negatived by a majority of one only, in this Assembly of twenty-six individuals, the Ministers were in high spirits; and these individuals were then represented as all America.

During the Debate, the question was frequently called for, and being, at length, put upon Lord North's amendment, the House divided: Yeas, 186; Noes, 67.

So it was resolved in the Affirmative.

Then the main question, so amended, being put, "That, the said Representation and Remonstrance, in which the said Assembly claim to themselves rights derogatory to, and inconsistent with, the Legislative authority of Parliament, as declared by the said Act, be brought up:"

It passed in the Negative.