he should think it a necessary measure to arm the Roman Catholics, of Canada, and to employ them in that service. He further observed, that when Great Britain and America were contending about sovereignty, if any Colony had discovered a proper sense of duty, and united itself in principle with this country, it was liable to objection from the gentlemen on the other side; but if it joined the other Colonies against the Legislature (for the quarrel was not with the Ministry but the Parliament) those gentlemen would, he could venture to affirm, hold a different language: and declared, whatever others might think on the subject, he did not approve of Juries in civil cases. However, he would venture to affirm, the dispute with America was not so alarming as some people apprehended; he had not the least doubt it would end speedily, happily, and without bloodshed.

Mr. Fox, alluding to Lord North's observation, that the Bill originated in the Lords, observed, that this construction or apology arose, because his Lordship did not choose to own who was the real planner of it; that withholding from the Canadians an Assembly, and putting arms in their hands, shewed he was more afraid of their tongues than their swords; and that after eleven years shameful neglect and procrastination, he was convinced, if the disputes had not arisen with our American Colonies, the Act of last year would never have been thought of; but the Colony left without law or any political regulation whatever.

Sir Robert Smyth. Not having had the honour of a seat in the last Parliament, and never before this day an opportunity of publickly declaring my sentiments upon this Bill, I am in some measure indebted to my honourable friend who has given me that opportunity by the proposition of to-day. However great my opinion may be of the abilities and integrity of my worthy friend, however high my esteem for his private, as well as his Parliamentary character, however just my respect for his abilities, or my deference for his judgement, I find myself obliged, upon many occasions, to differ from him upon publick questions; such, I confess, is the case with respect to the present proposition. I do not mean to enter into the detail of this argument, which has been very ably and minutely discussed, but shall content myself with giving my general reasons why I approve of this Bill. When the glory of our arms had extended into almost every part of the globe, and a very considerable addition of territory, acquired by war, became confirmed to us by the subsequent Treaty of Peace, it was the duty of a wise, as well as a warlike Nation, that what had been acquired by conquest, should he established by proper and wholesome regulations: what had been the object of our ambition to conquer necessarily became the object of our policy to arrange. The Province of Canada, the most extensive as well as the most valuable of our acquisitions, was in such a state of confusion at the expiration of the war, that it has been the object of successive Administrations for these ten years past, to give it a permanent system, of jurisprudence. But the fluctuating state of our politicks, the rapid changes of measures, and the precarious tenure by which Ministers held their employment, made them more anxious about preserving their own power at home, than forming establishment for our distant Provinces abroad. The very great disproportion between the Canadian and British subjects, as was proved at your bar, made it an object of justice as well as of sound policy, that the Canadian Laws should form the basis of your system, and that the English Laws should only be adopted in criminal cases, where Trial by Jury gives them an advantage over every other system that ever was instituted. Whoever reflects upon the excellencies of the British Laws, whoever considers them in theory, or sees the daily advantages of them in practice, whoever justly admires them for their peculiar lenity, moderation, equity, and impartiality, would wish to see them extended over the whole face of the British Empire; but, if there are local and circumstantial reasons, arising from the national character of the people, their language, customs, usages, institutions, and I will even add, their prejudices, which in this case ought to be consulted, and not only consulted, but in some measure indulged; if there are reasons arising from these various circumstances, that make it impossible for the English Laws to be adopted in their original purity, I will venture to affirm, that a Legistor is not only justified, but that it is an essential part of his duty, so to alter and modify these laws, as may best adapt them to the peculiar genius and temper of the people, so as to become the best rule of civil conduct possible, and the best calculated to promote their general happiness. It was ever the maxim of the greatest Legislators, of antiquity, to consult the manners and dispositions of the people, and the degrees of improvement they had then received, and to frame such a system of laws as was best suited to their then immediate situation. Thus, sir, when Lycurgus was reproached with not having given to the Spartans the most perfect code of laws, he acknowledged they were not the best he was capable of giving them, but the best they were then capable of receiving. Therefore, sir, I shall content myself with dissenting from, the present motion, and supporting the Quebec Bill upon grounds, and from reasons, founded upon the general principles of the fitness, policy, expediency and necessity of the measure.

Colonel Barré, after complimenting Sir Robert Smyth on his great powers of eloquence, assured him, if he had heard the evidence at the Bar last year, he would have been of another way of thinking. He sported a good deal with the Comptroller's white wand, and was called to order.

Sir W. Meredith observed, that whatever magick power it might contain, it was no weapon of defence.

Colonel Barré said, he might have been disorderly, but desired, for his own justification, and the satisfaction of the House, if there was any standing order of the House respecting the Comptroller and his wand, that it might be read, otherwise he should look upon himself at liberty to allude to Mr. Comptroller and his wand as often as either came in the way; for if they did not contain any great store of wit themselves, they at least bore a strong resemblance to another well known facetious knight, they were the occasion of producing it in others. He said, that in the discussion of the Quebec Bill last year, he had often asked who was the father of it, but could never receive any satisfactory answer till this day, when the noble Lord's speech, and that irresistible partiality parents are known to have for their own offspring, gave him reason to believe that the noble Lord himself was the true father of that monstrous production of tyranny, injustice, and arbitrary power. He next took notice of the Spanish Armament; said he supposed the conquest of Gibraltar was what they had in contemplation; that he advised the noble Lord last year to order some additional works towards the Sea as the only place in which it was vulnerable; but it was now too late, for if the Spaniards attacked it with a Fleet, the fate of it must be decided in spite of all the possible assistance Britain could give it.

The question then being put on Sir George Savile's motion to repeal the Act; the House divided: Yeas, 86; Noes, 174.

So it passed in the Negative

HOUSE OF LORDS.

THURSDAY, May 18, 1775.

The Duke of Manchester presented to the House, "A Memorial of his Majesty's faithful subjects and Representatives of the Colony of New-York, in General Assembly convened;" and moved, "That the said Memorial might be read by the Clerk."

The Earl of Dartmouth observed, that it was usual for a Lord, when he presented a Petition, to state the subject of it, in order for the House to have an idea how far it was proper to give leave for it to be read.

The Duke of Manchester replied, that he could not take upon him to state the matter of the Petition without doing injustice to it; but, in general, it was to complain of grievances; and read the concluding words.

The Earl of Buckinghamshire said, it ought certainly to be opened more fully; and desired, to know if it did not contain matter derogatory to the supreme Legislative power of Great Britain.