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. Debate in the Lords on the Memorial of the General Assembly of New York.] May 18. The Duke of Manchester presented a Memorial from the Assembly at New York, and moved that it be read. 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 Sir W. Meredith observed, that what-matter of the Petition without doing injus ever magic 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 tice to it; but, in general, it was to complain of grievances; and read the con cluding 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 legisla tive power of Great Britain. The Earl of Denbigh observed, that the title of the paper rendered it inadmissible. It was called a memorial: now, memorials are presented from one crowned head to another; but as to a memorial from an American assembly, it was unheard of, and ought not to be read. Earl Gower added, that the title given to the paper was suspicious: a petition from the same assembly had been presented to the King, the colonies not denying the supreme rights of his Majesty; a remonstrance to the Commons, and now a memorial to the Lords. They dropt the usual word petition, lest from that it should be imagined that they acknowledged the supreme power of those branches of the legislature; upon this account therefore the contents of it ought to be opened to the House. The Duke of Manchester replied, that if the House insisted on his performing the office of clerk he would submit, but till then he should decline reading it; and as to opening the subject of it he had done it already. The Earl of Hillsborough said, that the orders of the House were not to be dispensed with; a lord was not allowed to present a petition unless he opened the purport of it; that the noble duke reading it in his place, as a part of his speech, would be accepted by the House; or if the duke thought that it would be too great a burden for him to read it himself, then the clerk might stand by his grace, and read the memorial as a part of his speech. The Duke of Richmond ridiculed this idea. What, my lords, the clerk go and stand by a lord and read a paper, as a part of that lord's speech! Very pretty truly! Why then we need not any of us be at the trouble of making speeches; we need only get our speeches written for us, and have the clerk read them; we may then any of us prove as eloquent as the noble earl himself. Objections have been made to the term Memorial, as if belonging to sovereigns, and denying our rights: that is very strange, surely; when it is well known every ensign in the army who has objections to the treatment he receives, has the right of presenting a memorial to the King; I think, therefore, there is nothing in the term derogatory to the dignity of this House. The Earl of Sandwich contended, that the noble duke had been repeatedly called on to open the contents of the Memorial, but would not comply; for as to telling the House merely it was a complaint of grievances, that was not satisfactory; as this was the case, he moved an amendment, by adding the words, "the contents of which have not been opened." The Duke of Richmond observed, that this amendment threw a reflection on the noble duke who brought in the Memorial, which would be highly unjust that in his opinion the contents had been opened; that is, the principal part of the Memorial, the prayer of it, which was, for a redress of grievances; therefore, if the amend ment was accepted, he must move another to do justice to the noble duke, by an explanation of how far he had opened it; and moved to add the concluding words of the Memorial which the duke of Manchester had read. Earl Gower said, that the noble mover had not opened the contents; for merely saying it was for a redress of grievances, and reading the concluding words, was saying nothing, unless he mentioned what those grievances were: a friend of the House of Stuart might petition for the redress of a grievance, and that grievance might be the want of the throne; thus, if the particulars are not mentioned, we can judge of nothing. Lord Camden stated the great injustice of not allowing a lord to open the contents of a petition in any way he thought proper; there could be but two ways, one forcing him to read the whole, which was a drudgery they could not think of; the other, touching the heads of it: now, if a lord is to open the contents particularly, and upon that opening the fate of the petition is to depend, then it must depend upon the capacity and abilities of the individual who does it, which would be throwing a negative upon petitions in general. But he was so great a friend to petitions being received and read, let them come from whom they might and under whatever name, that throwing these obstructions upon them must be very mischievous. Lord Mansfield attempted to shew that a lord must open the contents of a petition, and that the duke had not done it. The Earl of Shelburne reminded the House, that when the city of London presented their Remonstrance to the King, lawyers were consulted upon the legality of not receiving it; yet so highly was the right of a subject to petition thought of, that it was determined it must be received, under whatever name. The Earl of Effingham. The turn which this debate has taken, makes it unnecessary for me to remark on any thing which in the course of it has fallen from any noble lord; but as I wish to call your lordships' attention rather to the subject matter, than to the form and manner of the paper offered to you, I hope I shall stand excused, if I treat the latter as trifling, when put in competition with the salutary or dreadful effects of admitting or rejecting the means your hands, of restoring harmony to this distracted empire. What may be the fate of the amendment proposed, I know not; but I fear it is too easily to be guessed, from the complexion of the House, what will be that of the Memorial. I confess I wish to avoid the discussion of our right to such a power as we are now in and liberty. My lords, I should think myself guilty of offering an insult to your lordships, if I presumed to suppose there was any amongst you who could think of what was expedient, when once it ap peared what was just. I might otherwise have adverted to the very formidable armament preparing by Spain; but as that argument ought to have no consideration with your lordships, I shall not suppose it would have any; and for that reason will entirely reject it. What weight these few observations may have, I do not know; but the candour your lordships have indulged me with, requires a confession on my part which may still lessen that weight. I must own I am not personally disinterested. Ever since I was of an age to have any ambition at all, my highest has been to serve my country in a military capacity. If there was on earth an event I dreaded, it was to see this country so situated as to make that profession incompatible with my duty as a citizen. That period is, in my opinion, arrived; and I have thought myself bound to relinquish the hopes I had contending for; that is to say, a power of taxing a set of subjects who are not represented among us, and who have full power to tax themselves in the ordinary and constitutional manner. Were any particular province, among the Americans, to refuse grants of money in proportion to others, or to commit any act in abuse of their charters, I think that supreme controuling power, which the province in question allows in its full extent, would give us the charge, Ne quid detrimenti, res capiat publica.' And in that case, my lords, almost the whole empire would be united against the wrong-headed few, who would be soon brought to reason. But I am satisfied, that without such necessity, we have no more right to exercise the power of taxation in that country, than a Roman dictator had to begin his office with a declaration, that his power should be perpetual, and was necessary in the ordinary business of government. Therefore, my lords, whatever has been done by the Americans, I must deem the mere consequence of our unjust demands. They have come to you with fair arguments, you have re-formed, by a resignation* which appearfused to hear them; they make the most respectful remonstrances, you answer them with bills of pains and penalties; they know they ought to be free, you tell them they shall be slaves. Is it then a wonder, if they say in despair," for the short remainder of our lives, we will be free!" Is there one among your lordships, who in a situation similar to that which I have described, would not resolve the same? If there could be such a one, I am sure he ought not to be here. To bring the history down to the present scene. Here are two armies in presence of each other; armies of brothers and countrymen; each dreading the event, yet each feeling, that it is in the power of the most trifling accident, a private dispute, a drunken fray in any public house in Boston; in short, a nothing, to cause the sword to be drawn, and to plunge the whole country into all the horrors of blood, flames and parricide. In this dreadful moment, a set of men more wise and moderate than the rest, exert themselves to bring us all to reason. They state their claims and their grievances; nay, if any thing can be proved by law and history, they prove them. They propose oblivion, they make the first concessions; we treat them with contempt, we prefer poverty, blood, and servitude, to wealth, happiness, ed to me the only method of avoiding the guilt of enslaving my country, and embru ing my hands in the blood of her sons. When the duties of a soldier and a citizen become inconsistent, I shall always think myself obliged to sink the character of the soldier in that of the citizen, till such time as those duties shall again, by the malice of our real enemies, become united. It is no small sacrifice which a man makes who gives up his profession; but it is a much greater, when a predilection, strengthened by habit, has given him so strong an attachment to his profession as I feel. I have, however, this one consolation, that by making that sacrifice, I at least give to my country an unequivocal proof of the sincerity of my principles. The House then divided; For reading the Memorial, 25; Against it, 45. * The Earl of Effingham was bred to arms, and from an eager desire to become a practical soldier, served as a volunteer in the Russian army, during the war with the Porte The twenty-second regiment of foot, in which he America, he resolved, though not possessed of held a captain's commission, being ordered to America, he resolved, though not possessed of an ample patrimony, to resign a darling profession, and all hopes of advancement, rather than bear arms in a cause he did not approve. The cities of London and Dublin voted him their thanks for this conduct. rial: The following is a copy of the Memo- | acknowledging the king, or his representative, as one branch thereof. This right "To the Right Honourable the Lords they have pointedly, repeatedly, and zeaSpiritual and Temporal of Great Bri-lously asserted, as what only could afford them that security which their fellow sub tain, in Parliament assembled. "The Memorial of his Majesty's faith-jects in Great Britain enjoy under a conful subjects and representatives of stitution, at once the envy and admiration the Colony of New York, in ge- can be raised upon the subject of Great of surrounding nations, because no money neral Assembly convened. Britain, nor any law made that is binding "May it please your Lordships, on him, without the concurrence of those "We his Majesty's most dutiful and who have been elected by the people to loyal subjects, the representatives of the represent them. colony of New York, in general assembly convened, are conscious, when we address your lordships, that we are applying to a body who have ever been distinguished for the firmest attachment to the principles of liberty, and that happiest result of them, the British constitution. "We acknowledge ourselves, and the people we represent, strictly bound by the ties of faith and allegiance to our most gracious sovereign, that we justly owe the same faith and allegiance as are due to him from his subjects in Great Britain, that we regard him with the utmost veneration, and that we shall be ever ready to contribute to his service, and to support the dignity of his crown and government. "We esteem ourselves happy in our connection with the parent state, whose true interests are inseparably united with our own; and we are fully sensible, that none but the enemies of both countries could ever wish to disjoin them. "Impressed with these sentiments, we consider ourselves as parts of one great empire, in which it is necessary there should be some supreme regulating power. But though we acknowledge the existence of such power, yet we conceive it by no means comprehends a right of binding us in all cases whatsoever, because a power of so unbounded an extent, would totally deprive us of security, and reduce us to a state of the most abject servitude. "The colonies, as your lordships know, were not in contemplation when the forms of the British constitution were established; it followed, therefore, from its principles, when colonization took place, that the colonists carried with them all the rights they were entitled to in the country from which they emigrated; but as, from their local circumstances, they were precluded from sharing in the representation in that legislature in which they had been represented, they of right claimed, and enjoyed a legislature of their own, always [VOL. XVIII.] "For what happiness can the colonies expect, if their lives and properties are at the absolute disposal of others? And that power which, when restrained within its just bounds, would dispense light and heat to the whole empire, may be employed like a devouring flame, to consume and destroy them. "Your lordships will excuse, nay, we doubt not will commend us, for speaking at this important juncture with the freedom becoming the representatives of a free people, when addressing ourselves to this most illustrious body. "We therefore beg leave, on this occasion, to declare we conceive the people of the colonies entitled to equal rights and privileges with their fellow subjects in Great Britain; and that upon these principles it is a grievance of a most alarming nature, that the parliament of Great Britain should claim a right to enact laws, binding the colonies in all cases whatso ever. "Incompatible as this claim is with the very idea of freedom, your lordships cannot wonder that the colonies should express an invincible repugnance to it. Absolute and uncontrolable power in any man, or body of men, necessarily implies absolute slavery in those who are subject to it; even should such a power not be carried into execution, yet let it be remembered, that the liberties of an Englishman are his rights, and that freedom consists not in a mere exemption from oppression, but in a right to such exemption founded on law and the principles of the constitution. "But your lordships cannot be ignorant that this claim has been exercised in such a manner as to give the colonists the utmost uneasiness, and the most unexceptionable grounds of complaint. "Duties for the express purpose of raising a revenue in America, have been imposed upon several articles imported directly from Great Britain, or the British [2 Y] colonies, and on foreign wines, an article which does not in the least interfere with the products of Great Britain, nor any of its colonies. "The jurisdiction of the Admiralty courts has been extended beyond its ancient limits; the judges of those courts invested with new and unconstitutional powers; the subjects in America, in many cases, divested of that invaluable privilege, a trial by jury, and a discrimination highly injurious held up between us and our fellow subjects in Great Britain. "Acts have been passed for the purpose of suspending the legislature of this colony from the exercise of its constitutional powers, till it should comply with requisitions which it had before judged improper, and laying an unreasonable restraint upon us with respect to the emission of paper currency to be a legal tender within the colony. "Officers employed in the administration of justice, have been rendered independent of the people with respect both to their salaries and the tenure of their commissions, whereby they are freed from those checks to which, as servants of the public, they ought to be subject, although the representatives of the people have ever been ready, and now declare their willingness to make suitable provision for their support. "New and unconstitutional Acts have been passed, and constructions made of an old one, by which the American subject is directed to be tried for offences, either real or supposed, not in the place where the fact was committed, where his witnesses reside, and their characters are known, but in a strange country, where his witnesses may not attend, and where their credibility cannot be ascer tained. "We are extremely unhappy that occasion has been given us to add to the catalogue of our grievances, the laws enacted in the last session of the late parliament, for shutting up the port of Boston, for altering the government of the Massachuset's Bay, and for the impartial administration of justice, in certain cases, in that province. "Although it is not our intention to enter into a justification of the measures which occasioned those Acts, or to intimate an approbation of the mode pursued for redressing the grievances of which they have been productive, yet we cannot help viewing them as forming precedents of so dangerous a nature, as must render the privileges, the property, and even the lives of all his Majesty's American subjects precarious and insecure. "By other Acts of the same session, the bounds of the province of Quebec are considerably extended; the Roman Catholic religion may be construed to be established throughout that province; and such regulations are enacted respecting its trade, as not only hold up a discrimination between the continental, and other colonies, injurious to the former, but in the establishment of the port of entry, cannot fail totally to deprive this colony of an extensive and important commerce, which it formerly carried on with the native Indian inhabitants of that vast track of country, now included within the bounds of that government. "These are the principal grievances under which our constituents at present labour; but though we conceive it our duty thus fully to lay them before your lordships, we beg leave to assure you, that we shall always cheerfully submit to the constitutional exercise of the supreme regulating power lodged in the King, Lords, and Commons of Great Britain, and to all Acts calculated for the general weal of the empire, and the due regulation of the trade and commerce thereof "We conceive this power includes a right to lay duties upon all articles imported directly into the colonies from any foreign country or plantation which may interfere with products and manufactures of Great Britain, or any other part of his Majesty's dominions; but that is essential to freedom, and the undoubted rights of our constituents, that no taxes be imposed on them but with their consent given personally, or by their lawful repre |