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the present power continue, there is nothing which they can call their own; or, to use the words of Mr. Locke, "What property have they in that, which another may, by right, take, when he pleases, to himself?"

Protest against Committing the Bill to repeal the American Stamp Act.] March 11. The order of the day being read for the second reading of the Bill, intitled, "An Act to repeal an act made in the last session of parliament, intitled, An Act for granting and applying certain Stamp Duties, and other duties in the British colonies and plantations in America, towards farther defraying the expences of defending, protecting, and securing the same, and for amending such parts of the several acts of parliament relating to the trade and revenues of the said colonies and plantations, as direct the manner of determining and recovering the penalties and forfeitures therein mentioned :”

Content

Then the said Bill was read a second time, and it being proposed to commit the Bill, the same was objected to. 73; Proxies 32; Total 105; Not Contents 61; Proxies 10; Total 71; Majority 34.

After a long debate* thereupon, the question was put, Whether the said Bill shall be committed? It was resolved in the affirmative.

"Dissentient,

1. "Because, as this House has in this session, by several resolutions, most solemnly asserted and declared, first, That the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons of Great Britain, in parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and

For the Bill.

2. D. of Newcastle.
4. Duke of Grafion.
6. D. of Richmond.
7. Earl Ponlet.

*Speakers on the second reading. Against the Bill. 1. Earl of Coventry. 3. Earl of Sandwich. 5. Earl of Halifax. 9. Lord Botetourt. 10. Earl of Suffolk. 12. Lord Lyttelton. 14. Lord Mansfield. 16. Visc. Townshend. 17. Earl Temple. 18. Duke of Bedford.

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statutes of sufficient force and validity to bind the colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever. Secondly, That tumults and insurrections of the most dangerous nature have been raised and carried on in several of the North American colonies, in open defiance of the power and dignity of his Majesty's government, and in manifest violation of the laws and legislative authority of this kingdom.' Thirdly,

That the said tumults and insurrections have been encouraged and inflamed, by sundry votes and resolutions passed in several of the assemblies of the said provinces, derogatory to the honour of his Majesty's government, and destructive of the legal and constitutional dependency of the said colonies, on the imperial crown and parliament of Great Britain.' Which resolutions were founded on a full examination of the papers on our table manifesting a denial of the legislative authority of the crown and parliament of Great Bri North American colonies; and a criminal tain, to impose duties and taxes on our resistance there made to the execution of the commercial and other regulations of the Stamp Act, and of other acts of parliament: we are of opinion, that the total repealing of that law, especially while such resistance continues, would (as Governor Barnarde says is their intention)

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make the authority of Great Britain contemptible hereafter;' and that such a submission of King, Lords, and Commons, under such circumstances, in so strange and unheard-of a contest, would, in effect, surrender their ancient, unalienable rights of supreme jurisdiction, and give them exclusively to the subordinate provincial legislatures established by prerogative; which was never intended or thought of, and is not in the power of prerogative to bestow; as they are inseparable from the three estates of the realm assembled in parliament.

2. "Because the law, which this Bill now proposes to repeal, was passed in the other House with very little opposition, and in this without one dissentient voice, during the last session of parliament, which we presume, if it had been wholly and fundamentally wrong, could not possibly have happened; as the matter of it is so important, and as the intention of bringing it in had been communicated to the Commons by the first commissioner of the treasury the year before; and a resolution, relatThe speeches of these noble lords have not ing and preparatory to it, was then agreed

8. Earl of Pomfret. 11. Lord Chancellor. 13. Earl of Shelburne, 15. Lord Camden.

been any where preserved.

to in that House without any division.

3. "Because, if any particular parts of that law, the principle of which has been experienced and submitted to in this country, without repining, for near a century past, had been found liable to just and reasonable objections, they might have been altered by a Bill to explain and amend it, without repealing the whole: and if any such Bill had been sent to us by the Commons, we should have thought it our duty to have given it a most serious consideration, with a warm desire of relieving our countrymen in America from any grievance or hardship; but with proper care to enforce their submission and obedience to the law so amended, and to the whole legislative authority of Great Britain, without any reserve or distinction whatsoever.

4. Because it appears to us, that a most essential branch of that authority, the power of taxation, cannot be properly, equitably, or impartially exercised, if it does not extend itself to all the members of the state, in proportion to their respective abilities, but suffers a part to be exempt from a due share of those burdens which the public exigencies require to be imposed upon the whole: a partiality which is directly and manifestly repugnant to the trust reposed by the people in every legislature, and destructive of that confidence on which all government is founded.

liament in 1764 and 1765, and the duties thereby lost to Great Britain for their service, and, in order to enable them the more easily to pay this tax, must necessarily amount, in a few years, to a far greater sum than the produce thereof. It is also evident, that such produce being wholly appropriated to the payment of the army maintained by this kingdom in our colonies, at the vast expence of almost a shilling in the pound land tax, annually remitted by us for their special defence and protection; not only no money would have been actually drawn by it out of that country, but the ease given by it to the people of Great Britain, who are labouring under a debt of seventy millions, contracted by them to support a very dangerous war, entered into for the interest and security of those colonies, would have redounded to the benefit of the colonies themselves in their own immediate safety, by contributing to deliver them from the necessary expence which many of them have hitherto always borne, in guarding their frontiers against the savage Indians.

6. "Because not only the right, but the expediency and necessity of the supreme legislature's exerting its authority to lay a general tax on our American colonies, whenever the wants of the public make it fitting and reasonable that all the provinces should contribute, in a proper proportion, 5. "Because the ability of our North- to the defence of the whole, appear to us American colonies to bear, without incon- undeniable, from these considerations: veniency, the proportion laid on them by First, that every province being separate the Stamp Act of last year, appears to us and independant on the others, and having most unquestionable, for the following rea- no common council impowered by the sons: First, that the estimated produce of constitution of the colonies to act for all, this tax, amounting to 60,000l. per annum, or bind all, such a tax cannot regularly, or if divided amongst 1,200,000 people, (being without infinite difficulty, be imposed upon little more than one half of the subjects of them, at any time, even for their immediate the crown in North America), would be defence or protection, by their own proonly one shilling per head a year; which vincial assemblies; but requires the interis but a third of the wages usually vention and superintending power of the paid to every labourer or manufacturer parliament of Great Britain: Secondly, there for one day's labour: secondly, that that in looking forwards to the possible it appears, by the accounts that have been contingency of a new war, a contingency, laid before this House from the commis- perhaps, not far remote, the prospect of sioners of trade and plantations, that of the the burdens, which the gentry and people debt contracted by those colonies in the of this kingdom must then sustain, in addilast war, above 1,755,000l. has already been tion to those which now lie so heavy upon discharged, during the course of three them, is so melancholy and dreadful, that years only, by the funds provided for that we cannot but feel it a most indispensable purpose in the several provinces; and the duty to ease them as much as is possible, much greater part of the remaining incum- by a due and moderate exertion of that brance, which in the whole is about great right which the constitution of this 760,000l., will be paid in two years more. realm has vested in the parliament, to proWe must likewise observe, that the boun- vide for the safety of all, by a proportionties and advantages given to them by par-able charge upon all, equally and indiffe

carry with it, has a manifest tendency to draw on further insults, and, by lessening the respect of all his Majesty's subjects to the dignity of his crown, and authority of his laws, throw the whole British empire into a miserable state of confusion ana anarchy, with which it seems, by many symptoms, to be dangerously threatened. And this is the more to be feared, as the plea of our North American colonies, that, not being represented in the parliament of Great Britain, they ought not to pay taxes imposed or levied upon them by the authority thereof, may, by the same reasoning, be extended to all persons in this island, who do not actually vote for members of parliament; nor can we help apprehending, that the opinion of some countenance being given to such notions by the legis lature itself, in consenting to this Bill for the repeal of the Stamp Act, may greatly promote the contagion of a most dangerous doctrine, destructive to all government, which has spread itself over all our North American colonies, that the obedience of the subject is not due to the laws and legislature of the realm, farther than he, in his private judgment, shall think it conformable to the ideas he has formed of a free constitution.

rently laid. We likewise apprehend, that | a partial exemption of our colonies from any exercise of this right, by the British legislature, would be thought so invidious, and so unjust to the other subjects of the crown of Great Britain, as to alienate the hearts of these from their countrymen residing in America, to the great detriment of the latter, who have on many occasions received, and may again want, assistance, from the generous warmth of their affection. 7. "Because the reasons assigned in the public resolutions of the provincial assemblies, in the North American colonies, for their disobeying the Stamp Act, viz. "That they are not represented in the parliament of Great Britain," extends to all other laws of what nature soever, which that parliament has enacted, or shall enact, to bind them in times to come, and must (if admitted) set them absolutely free from any obedience to the power of the British legislature. We likewise observe, that in a letter to Mr. Secretary Conway, dated the 12th of October, 1765, the commander in chief of his Majesty's forces in North America has declared his opinion, That the question is not of the inexpediency of the Stamp Act, or of the inability of the colonies to pay the tax, but that it is unconstitutional, and contrary to their rights, supporting the independency of the provinces, and not subject to the legislative power of Great Britain.' It is, moreover, affirmed, in a letter to Mr. Conway, dated the 7th of November, That the people in general are averse to taxes of any kind; and that the merchants of that place think they have a right to every freedom of trade which the subjects of Great Britain now enjoy.' This opinion of theirs strikes directly at the Act of Navigation, and other subsequent laws, which from time to time have been made on the wise policy of that Act; and should they ever be encouraged to procure for themselves that absolute freedom of trade which they appear to desire, our plantations would become not only of no benefit, but in the highest degree prejudicial to the commerce and welfare of their mother country: nor is it easy to conceive a greater encouragement than the repealing of a law, opposed by them on such principles, and with so much contempt of the sovereignty of the British legislative.

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8. "Because the appearance of weakness and timidity in the government and parliament of this kingdom, which a concession of this nature may too probably

9. "Because we think it no effectual guard, or security, against this danger, that the parliament has declared, in the resolutions of both Houses passed during this session, and now reduced into a Bill, that such notions are ill founded; as men will always look more to deeds than words, and may therefore incline to believe that the insurrections in our colonies, excited by those notions, having so far proved successful as to attain the very point at which they aimed, the immediate repeal of the Stamp Act, without any previous submission on the part of the colonies; the legislature has, in fact, submitted to them, and has only more grievously injured its own dignity and authority by verbally asserting that right which it substantially yields up to their opposition. The reasons assigned for this concession render it still more alarming, as they arise from an illegal and hostile combination of the people of America to distress and starve our manufacturers, and to with-hold from our merchants the payment of their just debts; the former of which measures has only been practised in open war between two states, and the latter, we believe, not even in that situation, either by the public, or by individuals, among the civilized nations

of Europe in modern times. If this unprecedented plan of intimidation shall meet with success, it is easy to foresee that the practice of it, for other and still greater objects, will frequently be renewed, and our manufacturers and merchants reduced to the like, and more permanent distress: we cannot, therefore, but wish, that some more eligible method, consistent with their future safety, and our dignity, had been taken by parliament, to shew our tender concern and compassion for their sufferings, and to discourage any other such unwarrantable attempts; which, we are fully persuaded, would have been very practicable, with due care and attention, and at an expence very inferior to the importance of the object.

Lastly, "Because we are convinced, from the unanimous testimony of the governors, and other officers of the crown in America, that if, by a most unhappy delay and neglect to provide for the due execution of the law, and arm the government there with proper orders and powers, repeatedly called for in vain, these disturbances had not been continued and increased, they might easily have been quieted before they had attained to any dangerous height; and we cannot, without feeling the most lively sense of grief and indignation, hear arguments, drawn from the progress of evils which should and might have been stopped in their first and feeble beginnings, used for the still greater evil of sacrificing to a present relief the highest permanent interests, and the whole majesty, power, and reputation of government. This afflicts us the more deeply, because it appears, from many letters, that this law, if properly supported by government, would, from the peculiar circumstances attending the disobedience to it, execute itself, without bloodshed. And it is said, in one of the letters to Mr. Secretary Conway, That the principal view is to intimidate the parliament; but that if it be thought prudent to enforce their authority, the people dare not oppose a vigorous resolution of the parliament of Great Britain.' That vigorous resolution has not yet been found in the parliament; and we greatly fear, that the want of it will certainly produce one of these two fatal consequences; either that the repeal of this law will, in effect, annul and abrogate all other laws and statutes relating to our colonies, and, particularly, the acts that restrain or limit their commerce, of which they are most impatient; or, if we should hereafter at

tempt to enforce the execution of those laws against their will, and by virtue of an authority which they have dared to insult with impunity and success, that endeavour will bring upon us all those evils and inconveniences, to the fear of which we now sacrifice the sovereignty of the realm, and this at a time when the strength of our colonies, as well as their desire of a total independence on the legislature and government of their mother country, may be greatly augmented; and when the circumstances and dispositions of the other powers of Europe may render the contest far more dangerous and formidable to this kingdom.-(Signed) Bedford, Coventry,

Bridgewater, Temple, Buckingham, Wentworth, Sandwich, Bolingbroke, Marlborough, W. Gloucester, Ker, Leigh, Bangor, Waldegrave, Aylesford, Gower, Weymouth, Scarsdale, Lyttelton, Dunk Hallifax, Eglington, Suffolk and Berkshire, Abercorn, Vere, Trevor, Thomas Bristol, Ferrers, Grosvenor, Townshend, Dudley and Ward, Charles Carlisle, Powis, Hyde."

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Protest against passing the Bill to repeal the American Stamp Act.] March 17. The order of the day being read for the third reading of the Bill entitled, An Act to repeal an Act made in the last session of parliament,' entitled, An Act for granting and applying certain Stamp duties, and other duties in the British colonies and plantations in America, towards farther defraying the expences of defending, protecting, and securing the same, and for amending such parts of the several acts of parliament relating to the trade and revenues of the said colonies and plantations, as direct the manner of determining and recovering the penalties and forfeitures therein mentioned.' Then the said Bill was read a third time, and it being proposed to pass the Bill, the same was objected to. After some debate thereupon, the question was put, Whether the said Bill shall pass? It was resolved in the affirmative.*

"Dissentient.

1. "Because we think that the Decla

* Speakers on the third reading. Against the Repeal. 1. Lord Lyttelton. 2. Earl of Bute. 3. Earl Gower.

For the Repeal. 4. Duke of Newcastle.

ratory Bill, we passed last week, cannot possibly obviate the growing mischiefs in America, where it may seem calculated only to deceive the people of Great Britain, by holding forth a delusive and nugatory affirmance of the legislative right of this kingdom, whilst the enacting part of it does no more than abrogate the resolutions of the House of representatives in the North American colonies, which have not in themselves the least colour of authority; and declares that, which is apparently and certainly criminal, only null and void.

2. "Because the particular objections which have been made to the Stamp Act in North America, and which have been adopted in the course of the debates upon this Bill for repealing it, are, in fact, contradicted by undeniable evidence upon our table: it having been urged, first, that all the money to be collected by this tax was to be annually remitted hither, and that the North American colonies would thereby be drained of all their specie: and, se. condly, that the institution of vice-admiralty courts in those colonies, for the recovery of penalties upon revenue laws without juries, is a novel practice, by means of which his Majesty's subjects, in those dominions, would be deprived of one of their most valuable liberties, trials by juries, and in this respect distinguished from their fellow subjects in Great Britain;' and would likewise be liable to the greatest inconvenience, vexation, and injustice, through the option left to any prosecutor to call them from one end of that extensive continent to the other; and through the temptation to the judge, to condemn rather than to acquit, from his being paid by poundage of the condemnation money: whereas, with regard to the first of these objections, it appears, by the minute of the late board of treasury laid before this House, and dated on the 9th day of July last, that the fullest directions had been sent to the several officers of the revenue, ' that in order to obviate the inconvenience of bringing into this kingdom the money to be raised by the Stamp duties, all the produce of the American duties arising or to arise, by virtue of any British act of parliament, should from time to time, be paid to the deputy paymaster in America, to defray the subsistence of the troops, and any military expences incurred in the colonies: and, with regard to the second objection, it is manifest, from sundry acts of parliament, that a jurisdic

tion has been assigned to the judges of those courts, for the recovery of penalties upon the laws of revenue, and of trade, without juries, for near a century past, from the consideration (as we apprehend) that, in some of the colonies, they are the only judges not elected by the people: and so far it is from being true, that the subjects in North America, by being deprived, in these cases, of trials by juries, were, in that respect, distinguished from ther fellow subjects in Great Britain; that, in this very instance of the Stamp duties, the penalties, which by the American Stamp Act were made recoverable without a jury before a judge of the Vice Admiralty court, are, by the laws now in force for collecting the Stamp duties in Great Britain, recoverable also without a jury, before two justices of the peace, with the like powers in both cases, which we earnestly wish were not still more necessary for the collection of the public revenue in America than in Great Britain; and which we should be most desirous, if possible, to alleviate in both countries. With this view, and to take away all just occasion for discontent, we were very glad to find, by the Representation from the late commissioners of the treasury to his Majesty in council, dated on the 4th of July last, that the strictest attention had been given by that board, to prevent the inconvenience and injustice above-mentioned, by a plan to establish three different courts of Vice Admiralty at the most convenient places, with proper districts annexed to each; and to give the judges sufficient and honourable salaries in lieu of all poundage and fees whatsoever. But we cannot observe, without the highest concern and surprise, that this representation, founded upon a clause inserted in the Stamp Act for this very purpose, and expressly calculated to relieve his Majesty's subjects in North America from many unnecessary hardships and oppressions, to which they are now liable by many other laws, still subsisting, should be totally disregarded for several months, and be suffered to remain unexecuted in every part of it, even to this day; and that no notice whatever should be taken, in any of the dispatches from the present administration to the governors of the colonies in North America, of the timely care which had been employed to obviate the objections raised on both these heads; especially as it is notorious, that the measures to be pursued, in consequence of that minute and representation,

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