The following Protest was entered:

“Dissentient.

“1. Because this bill, by considering the Colonies in America as a foreign nation, and declaring war on them in that character, has a direct tendency to effect an entire and (we fear) permanent separation between the two capital parts of this empire. It is new to behold a nation making a separation of its parts by a law, in hopes of reuniting them by a treaty. The sovereign power has hitherto always regarded rebellion as the criminal act of individuals, and not the hostility of any great collective body of the community. The framers of this bill admit the principle in its full force; although by all the provisions they everywhere contradict it; for whilst the clauses of the bill consign all to punishment, the preamble only declares that many are guilty; the Legislature choosing to be considered rather as unjust to particulars, than confess itself to be universally odious. The English on both sides of the ocean are now taught, by act of Parliament, to look on themselves as separate nations, nations susceptible of general hostility, and proper parties for mutual declarations of war and treaties of peace. We are by this act preparing their minds for that independence which we charge them with affecting; whilst we drive them to the necessity of it by repeated injuries.

“2. Because this bill enables and encourages the Navy of England to make an indiscriminate prey of the property of English subjects trading to or from the Colonies, (even of the ships which lie quiet in the American ports,) without regarding whether that property belongs to friends or enemies, to the dutiful or to the disobedient. This plan of promiscuous rapine (unworthy of the wisdom and decorum of Government) must complete what yet remains to be completed of the union in North-America against the authority of Parliament. Parliament, in this bill, seems much more inclined to distress than able or willing to protect. In North-America the refractory and submissive may be blended together. In the West-Indies all are innocent; but all are doomed to a much more severe and much more certain punishment than falls upon the most guilty in North-America. The whole accommodation, if not the immediate subsistence of the West-India Islands, depends on a commercial connection with the Continent, from which, by this bill, they are expressly restrained. One of the chief and much the most plausible of the complaints made last year against the North-American Colonies, was a resolution on their part to withhold supply from the Sugar Plantations; but this year we have made ourselves to adopt and sanctify that very conduct which we had painted to the world in such odious colours. It must appear as if this bill was purposely made against the West-Indies; and lest the people of the United Colonies might return to sentiments of fraternal affection, or from motives of self-interest, or from impatience of so hard a restraint, should disobey or elude the orders of the Congress, and afford relief to our innocent planters in the West-Indies, it seems as if an act of the British Parliament came in aid of that authority, and provided that no supply whatsoever shall be carried to the West-Indies contrary to the resolution of the Congress.

“3. Because this bill greatly exceeds in violence the pattern of injustice which it seems to follow. In some respects the prohibition of the Congress materially differed from the prohibition of this bill: theirs was not immediate. Time was given to the West-Indies for supply, both from America and other places. No confiscations were made. We, on the other hand, have permitted the trade from America, as long as it was necessary to save ourselves from famine, and to enable the Colonists to pay their debts. This supply they have made plentifully, and many of these debts they have discharged most honourably. In return for this, to us useful and honourable behaviour, Ministry, abusing the bounty of Providence, on the first restoration of domestick plenty has fabricated a bill for seizing American vessels now trading under the faith of an act of Parliament; no ship of theirs being suffered to return to its own country, either from hence or from the West-Indies.

“4. Because the bill, not satisfied with making predatory war upon the trade of the Colonies, thinks it necessary to stimulate particular avarice and rapacity to an activity in such service, by rendering captures of North-American vessels and goods the property of the captors. This regulation is now, for the first time by any regular authority in this kingdom, to be adopted in a civil contention. We consider this method of holding out the Spoil of their fellow-citizens for the reward of alacrity in civil wars, as a source of the most dangerous corruption that can be conceived; in the first instance to our Navy, and in its consequence to our Army. A number of bold enterprising men, trained to the profession of arms, with fortunes to make, and promotion to be obtained, are naturally lovers of war. When they have once tasted of emoluments from domestick spoil, they will no longer look on the commerce of England as an object of protection, but of plunder. They will see the prosperous state of peaceful domestick industry, not with pleasure, but with envy. They will be taught to wish for those lucrative civil commotions, which they will always have the means of provoking. Our soldiers in the land service will see no reason for their being distinguished from the marine; and they will call for the plunder of English trading towns, when they see that the seamen have been indulged in the plunder of English trading ships. It never can be safe for a State to hold out an interest in disturbing it, to those who have the sword in their hand. The greatest republick of which history gives us any knowledge, was subverted by this license of domestick plunder. We are perfectly assured, that the Navy of England wants no such unnatural and impious encouragement towards the performance of any duty which their known publick spirit, and yet uncorrupted honour, may make it fit for them to perform. And it is no less on theirs, than on the publick account, a matter of the most serious affliction to us, that a service always looked upon, (and hitherto most justly,) not only without fear or jealousy, but with the most partial affection in every part of this empire, should be unnecessarily exposed to the lasting odium which must attend those who are enriched from the spoils of citizens, amongst whom they may be obliged to spend their lives, and form their connections. Civil wars (when they must be made) should be made in such a manner as not to render the return to peace and cordiality impracticable. If the spoil ordered by this act had been left in the Crown, the Crown might use it as an encouragement for a return to obedience, and as a means of future peace. It is now only a provocation, through despair and resentment, to perpetual hostility. We cannot possibly discern how any necessary operation of war is strengthened by this disgrace of the legislature. But if the arms now used should succeed so as to enforce a temporary and reluctant obedience, we see but too well that this bill will leave such a sting in the minds of the Colonists, as to render our government there hated and suspected, and therefore forever precarious.

“5. Because this bill, by anticipating all legal judgment of the offences of those whose goods are forfeited, overturns one of the most excellent and profoundly considered parts of that fundamental law, the Declaration of Rights, which declares, ‘that all grants of fines and forfeitures of particular persons before conviction, are illegal and void.’ This provision is expressly made, lest rapacious Ministers, scenting confiscation, or rapacious soldiers, allured by the lust of plunder, should be induced to forge or provoke plots and rebellions, in order to enrich themselves out of the publick disorders.

“6. Because very extensive commercial property of British subjects (implicated by the nature of commercial intercourse with that of innocent Englishmen residing here) is to be taken out of the equitable jurisdiction of the common law of England, and from that inestimable birthright of the subjects of this kingdom, a trial by Jury, and carried to the Court of Admiralty, to be tried by a single Judge, on the rules of an arbitrary foreign law.

“7. Because the whole scheme of this pedatory war for private lucre, is put under the arbitrary direction of certain Commissioners, to us unknown even by name; who have power to give such continuance to the ravages authorized by this bill as their arbitrary will shall suggest; to pardon, or except from pardon, any number or description of persons, and with such exceptions as they shall see fit, without any other rule than their own private opinion, fancy, caprice, favour, or resentment; and without any other rule, to open or keep shut any Colony, Province, County, Town, District, or place. We are of opinion, that the power left to the said Commissioners is perfectly unjustifiable and unconstitutional; it has, besides, a tendency to create the most