a share in the service of North America, I hope it will not be thought improper, that This speech produced an Address to his Majesty, That he would be graciously pleased to take the case of the lieutenants I take some share in the present debate. of his Majesty's navy, on half-pay, into consideration, and to make such farther provision for so useful and deserving a corps not exceeding one shilling a day, over and above their present half-pay, as his Majesty in his wisdom shall think fit; and that the House would make good the same. Governor Pownall's Speech on the Bill for Suspending the Assembly of New York.] May 15. Mr. Fuller having reported from the Committee of the whole House, to whom it was referred, to consider of the several papers which had been presented to the House this session of parliament, relating to the North American colonies -several Resolutions, importing, 1. "That it appeared to the committee, that the House of Representatives of his Majesty's province of New York, have, in direct disobedience of the authority of the legislature of Great Britain, refused to make provision for supplying with necessaries his Majesty's troops, in such manner as is required by an act of parliament, made in the 5th year of his Majesty's reign, entitled, An Act to amend and render more effectual, in his Majesty's dominion in America, an Act passed in this present session of parliament, entitled An Act for punishing mutiny and desertion, and for the better payment of the army and their quarters.' 2. That an act of assembly hath been passed in the said province, for furnishing the barracks in the cities of New York and Albany, with firewood and candles, and other necessaries thereinmentioned, for his Majesty's forces, inconsistent with the provisions, and in opposition to the directions of the said act of parliament. 3. That it is the opinion of the Committee, that until provision shall have been made by the said assembly, for furnishing the King's troops, with all the necessaries required by the said act of parliament, the governor, council, and assembly, be respectively restrained and prohibited from passing or assenting to any act of Assembly, for any other purpose whatever;" In consequence of these Resolutions, a motion being made, that a Bill be brought in upon the last of the said Resolutions, Governor Pownall rose and said: Mr. Speaker; having borne so great When matters are brought under consideration, the facts and circumstances of which cannot be supposed to be fully known to this House, it becomes the duty of those whose service and station have rendered them duly cognizant of such circumstances and facts, to bear their testimony of the state of things, and to give their opinion of the state of the business also.- However clear and distinctly these matters may lie in my own mind, in the strongest form of conviction, yet, being unaccustomed to speak in public, I am afraid I shall be unable so to dispose and explain them, as to exhibit that same distinctness, and to convey the same conviction to others. This being the first time I have presumed to speak in this House, I feel that kind of awe in the presence of it, which every one must feel, who compares the little importance of his own sentiments, with the experience, the knowledge, and the wisdom of so great an assembly; so that, instead of finding myself master of my own sentiments and opinion, I feel as if I had risen only to experience my own insufficiency. But the indulgence of the House gives me encouragement, that they are willing to hear and receive what I can say on this subject. And indeed, it is not only from the situation in general in which I stood, and the relation which I have borne to the business of America, which seems to render it proper that I should not give a silent vote upon this occasion; but the particular manner in which I have been concerned in this particular business, does especially call upon me to give my opinion on the matter now under debate. As the present measure, now under consideration, is the proposal of a bill for enforcing an act of parliament, directing and regulating the quartering his Majesty's troops in North America, this matter will be best explained, by a plain narrative of the rise of that act, and by comparing it with the circumstances and nature of the service which it was meant to provide for; and also by comparing it with that province law, which it took (though mistook) for its model on this occasion. It may be remembered, that the commander in chief of the King's forces in North America applied to government to furnish him with sufficient powers, whereby he might quarter the King's troops; and ideas of the necessity of quartering in pri A measure so exceptionable and so alarming, must necessarily meet with opposition in this House. There was an opposition made to it. This opposition gave occasion to the minister of that day to recollect himself. vate houses were suggested by some. A country, as they arise and present themselves Bill was formed on these ideas, and variously in various parts thereof; nor, as brought into this House. they must be perpetually changing from time to time, in the same parts; but directs particular modes, and establishes regulations to particular and special points, which must necessarily be incompatible with the nature of the country, and circumstances of the people in many parts, and on many occasions. It endeavours to lay down general rules, which can never be applied to numberless particular cases that must arise; and, under this spirit of impracticability, it allows no latitude in the execution thereof. And therefore, if there were full and effectual powers to enforce it, such powers could not produce an execution of this law, nor could produce any thing but confusion, so far as respects the law, and an arbitrary quartering of the troops contrary to law; of which, if you have not already had instances, you most certainly will have, whenever this law is attempted to be carried into exccution. If you are determined to enforce this I had heard accidentally of the state of this business, and thinking (as I did) the measure dangerous, and knowing that it was not necessary, I took the liberty to give this my opinion of it to that minister, and suggested a measure by which this business might have been done, and by which every thing so contrary and discordant to the constitution, might be avoided. I acquainted him, that there had passed, in the province of the Massachuset's bay, whilst I was governor there, An Act for providing quarters for the King's troops,' which as it was adapted to the nature of the country, and to the circumstances of the people, so it was universally submitted to, and (during the war) constantly car-law, you ought, at least, to make it practiried into execution. That, as I had been the author of this measure and knew the effect of it, I was certain, that if that province law (adapted to the stated circumstances of the colonies in general) was made a clause in the act of parliament, allowing to the several provinces and colonies a proper latitude in the execution of it, it would answer every purpose required, could meet with no objection here, and would meet with no opposition in the colonies. I was desired to explain this measure to a certain office; but I am afraid I was so unhappy in the effect of my explanation, as to be totally misapprehended; because I see, that the act of parliament, which the proposed Bill means to enforce, by its errors and defects, has mistaken and perverted every means of carrying the measure into execution; and has, from the tenor of it, been the natural occasion of all the confusion and misconduct which government now complains of. The province law had in it every provision necessary for the carrying it into execution, and was accordingly constantly and invariably executed. The act of parliament has neither any effectual clause to enforce its execution, nor makes any sufficient provision for the expence incurred by the person who shall carry it into execution. It neither considers the various circumstances of the service in that cable. 1st, Where the act directs, that the troops shall be quartered in barracks, provided for that purpose, you should, at least, direct the manner of that quartering, so that the barracks might answer the purpose thereof; and not first put the people under a kind of compact and agreement to the expence of building barracks; and then, after such are built, leave it in the power of the commanding officer of your troops, to judge, or to say, that these barracks do not answer the purpose of quartering, and under that decision, to demand quarters either upon the inns or upon hired houses, even before any troops are quartered in such barracks as have been provided for them. 2d. Where the act would mean to direct the quartering of the troops in inns, alehouses, &c. you should, at least, collect the peculiar circumstances of those inns and alehouses in that country, and whether they can answer the demands which the act makes upon them. You should consider, whether the offi cers which you direct to execute that business, can be required to do what is not practicable, and whether your act has provided any means adequate to the enforcing them to do what they know is incompatible with the nature and circumstances of the country to perform. 3d. Where the act directs that uninhabited houses, outhouses, &c. shall be hired for the accom modation and reception of the residue of the troops, and provided with those special and particular articles, which the said act directs; you should at least consider, whether there be any such uninhabited houses, and unoccupied out-houses; and whether your act contains any thing that shall oblige the people to let them; or whether, when they are so hired, they will suit the purpose to which they are intended; or whether the circumstances of the people and country, where this service may be required to be performed, can supply those particular and special articles which you require of them. ing no share in the will, or in the authority, must submit to the power of the act, and have no duty left, but submission and implicit obedience. If parliament, the supreme legislature, shall order and impose a tax on a body of people, and shall order the legislative part of that body to provide for the payment of it, and to see it payed, it must consider the members of that assembly merely as commissioners of taxes, appointed in such case to receive and register the act, to apportion and assess the tax. Yet surely this course is somewhat eccentric to the system of our happy constitution; it approaches, I am afraid, too near to the course taken by the arbitrary and despotic spirit of a neighbouring government, with the parliaments of its several provinces. This publishing the ordinance, this ordering a deliberative body to take it up as an act of its own will, and, as such, to register and carry it into execution, verges surely too near to that point which unites legis When the act requires a service, which (supposing it capable of being executed) engages the person who executes it in an expence, if you mean to enforce that act, you ought to provide effectually for his reimbursement and in this instance, the act which you now propose to inforce, is, in every point of consideration, absurd and impracticable; as it neither provides itself for that reimbursement, nor puts the mat-lation and execution in the same body, to ter in any way of execution, that either can or will provide for it; but, on the contrary, entangles this business in a matter of controversy, which would of itself, if nothing else did, obstruct and stop it. The act of parliament for quartering his Majesty's troops in North America, directs, that the expence incurred by that measure shall be provided for by each respective colony, and raised in like manner, as the usual expences incurred by the province or colony are raised, that is, by an act of assembly. This was an original error, which did prevent, and must for ever prevent, this act from being carried into actual execution as an act of parlia ment. the utter destruction of political liberty. But I hope, and am willing to persuade myself, that I mistake this matter. It is impossible that, by any construction, this can be supposed to be meant; yet there is an use in that suspicion, which takes even a false alarm; as such alarm, when proved to be false, may lead to the conviction of truth. If, on the other hand, we consider each of the assemblies of the provinces and colonies as what it is, as a legislative, deliberative body, as the will of that province or colony; it must have right to deliberate, it must have a right to decide: if it has the free will to say Aye, it must have the same power of will to say No. If it be prudent and advisable, that You may properly order an executive parliament should charge any expence power to execute; but how, and with upon the colonies, by way of tax, originat- what propriety can you order this delibeed in this House; how shall it direct that rative body to exert its will only in one charge to be levied and payed? Shall par-prescribed direction? If any supreme and liament direct the assembly of any province or colony, to make provision and supply for it? Or shall parliament, directly and avowedly, imposing that sum upon the province or colony as a tax, settle the ways and means of levying it, and appoint executive officers to collect it? Or shall it direct the usual executive officer of the colony to levy and collect that tax so imposed? If the imposing by a direct tax be the proper political mode, the latter step is all regular, and but consequential of itis conformable to law. The people hav sovereign will shall pre-ordain what this inferior power of deliberation shall will, it will make the same confusion in practice, which the divines and metaphysicians have made in theory, between predestination and free will absolute. If you mean to try this experiment of reducing these absurdities and inconsistencies to practice; if this Bill must pass, and you have not yet pre-determined on the title of it, it seems to me the Bill may justly be entitled, An Act to render more effectual predestination over free will.' For as your measure now stands, if the assemblies of the provinces and colonies will not in every mode, article, and particular provision, decide in their deliberative capacity, as an act of parliament directs and preordains, you consider the colonies as denying the sovereignty of Great Britain, than which nothing can be more unjust, unless it were possible to find any thing more absurd. Are you determined from hence to direct and regulate the quartering of the King's troops in North America? Do it in a way that brings it home to the executive power there, to carry your directions and regulations into execution; explain and amend your act: make it practicable; make it effective; and then you may fairly decide whether they deny your sovereignty or not. You will find they do not. If you think your way of making an adequate and certain provision for the charge of this service, is by the parliament's imposing a tax upon the people for that purpose; and that you have power, and it is advisable to exert that power, to effectuate such supply, by such tax, you need not hesitate to avow it openly and directly; for the people of the colonies, from one end of the continent to the other, do invariably consider the clause in the act of parliament, directing how that charge shall be supplied, as an internal tax imposed upon them. It is from this idea, that every act of obedience, as well as of disobedience to your act of parliament, must be construed and explained. Those whom you are willing to understand as having obeyed your act, have contrived to do it in a mode which neither recognizes the act of parliament, nor submits to the taxation, as such. And although you represent the assembly of the province of New York alone, as having revolted against this power-believe me, there is not a province, a colony, or a plantation, that will submit to a tax thus imposed, more than New York will. All have shewn their readiness to execute this service of quartering as an act of their own; all have, in their zeal to provide for it, by a grant of their own, provided a supply to answer the expence; but not one single assembly has, or ever will, act under the powers and provisions of this act, as acknowledging, and, in consequence thereof apportioning, assessing and levying, the supply, as a tax imposed by parliament. They have either acted without taking notice at all of this act of parliament, or [VOL. XVI. ] have contrived some way or other to vary in some particulars, sufficient to make the execution and the tax an act of their own. Try the conduct of every province and colony through by this rule, and you will find nothing particular in the case of New York. Don't fancy that you can divide the people upon this point, and that you need only divide to govern; you will by this conduct only unite them the more inseparably; you will make the cause of New York a common cause, and will call up every other province and colony to stand forth in their justification, while New York, learning from the complexion of your measure how to avoid or evade the purport of your enforcing Bill, will suspend the force of it, instead of it suspending the assembly of that province, against whom it is brought forward. But we are told, that there is something so peculiar in the spirit with which the house of representatives in Boston have opposed the authority of this act of parliament, extending to the oppugning of all authority of parliament whatsoever that that particular case will demand the particular consideration of this House. We are told, that they have charged the governor and council with unwarrantable and unconstitutional proceedings, for acting in consequence of an act of parliament. This is so total a misapprehension and misrepresentation of the case, as it doth actually stand, that a bare narrative of the circumstances and proceedings on the matter will convince the ministry, that they need not put themselves to the unnecessary and disagreeable pain of any farther consideration of it, nor give this House any trouble about the affair. Some troops unexpectedly, and by accident, puț into the harbour of Boston-some expences arose in consequence of the necessity of providing for a temporary reception of them-the general assembly not having yet, from any occasion, been called upon to make provision for the quartering of troops by an act of the province, and not being sitting at this particular time, the governor, with the advice of council, incurred the expence. When the assembly met, the house of representatives considering that the act of parlia ment requires an act of the general court, in order to supply or reimburse any expence incurred by providing quarters, and so forth, and that no such act did as yet exist; and that therefore the governor was [Z] not authorised, either by any act of parliament, nor as yet by an act of the province, to incur and supply such expence, did, with a jealousy and attention not unworthy even our imitation, object to the involving the treasury in any such charge, except what they authorized by their just power of appropriation. The governor, with great prudence, immediately entered an acknowledgment of the constitutional mode of proceeding, imputed the charge incurred to the necessity of the unforeseen occurrence, and apologized for his proceeding, as consonant to the usual practice in the like cases. Although some of that ill temper, which always mixes in with business when people are not well together, did mix in with this, yet here it ended; and from this plain narrative, I dare say, this House will never be troubled with any thing more about it. But to return: This clause in the Quartering Act, directing that the supply for reimbursing the expence of quartering the troops shall be raised by the respective assemblies of the provinces or colonies, which is by all the people of America considered as (and is indeed) a tax imposed by parliament, has brought, in fact, into discussion, that question of the right of taxation, which the cautious and (what I think) imprudent wisdom of many have endeavoured to keep wrapped up and suspended in theory. What schemes of policy wished to hold in question acts and deeds will bring into decision. You have, on one hand, by your declaratory law, asserted your right and power of taxation over the colonies, and so far as this act goes, you have exerted that power. On the other hand, it is a fact which the House ought to be apprized of, in all its extent, that the people of America, universally, unitedly, and unalterably, are resolved not to submit to any internal tax imposed upon them by any legislature, in which they have not a share by representatives of their own election. This claim must not be understood, as though it were only the pretences of party leaders and demagogues; as though it were only the visions of speculative enthusiasts; as though it were the mere ebullition of a faction which must subside: as though it were only temporal or partialit is the cool, deliberate, principled maxim, of every man of business in the country. reign, and the colonies as the subject, without participation in the deliberation, or the will, bound implicitly to obey the orders of this sovereign, and implicitly to enact, register, and carry into execution, those grants, which we by our acts have made of their property-they say, that this sovereign, however free within itself, is an absolute sovereign, an arbitrary lord, and that their obedience and subjection, without the interposition of their own free will, is, as to the subject so stated, absolute slavery. We have by act of parliament declared our right, and thus their apprehensions feel the effect of it. They say, that supplies are of good will, and not of duty; are the free and voluntary act of the giver, having a right to give, not obligations and services to be complied with, which the subject cannot in right refuse-they therefore maintain, claim, and insist upon, that whatever is given out of the lands or property of the people of the colonies, should be given and granted by their own. They say, that the true ground of justice, whereon the House of Commons grants supplies, and may lay taxes on the lands of themselves and their constituents, is, that they give what is their own, or that of others, for whom they are speci ally empowered to consent; that they lay no taxes which do not affect themselves and their constituents; that therefore, they are not only the proper givers, but also the best and safest judges, as to the extent and the mode of the gift. But that where any legislature shall give and grant out of lands and property, in which they have no share or concern; where they have no tax imposed upon others to supply that gift in ease of themselves and their constituents, the case labours with every effect, if not with every circumstance of injustice. Thus this question is brought in issue, and must be decided: however much the policy of ministry may wish and labour to wave it, cases which constantly arise must bring it into discussion, and necessity will force it into decision. Is it the intent of government to exert the power that it hath declared to be its right-is it determined to put this matter in contest-to put in contest the interest, the peace, and perhaps, the being of this country-with the certain effect of ruin to our commercial interest-and to our colonies, as commercial accretions of the state? They say that while we consider the nation, the realm, the government of Great-Certainly no. Britain, collectively taken, as the sove Does ministry mean to propose the mea |