"mode of giving and granting aids in parliament, "to be raised and paid in the faid colonies." This makes the whole of the fundamental part of the plan. The conclufion is irresistible. You cannot fay, that you were driven by any neceffity to an exercise of the utmost rights of legislature. You cannot affert, that you took on yourselves the task of impofing colony taxes, from the want of another legal body, that is competent to the purpose of fupplying the exigencies of the ftate without wounding the prejudices of the people. Neither is it true that the body fo qualified, and having that competence, had neglected the duty.

The question now, on all this accumulated matter, is;-whether you will chufe to abide by a profitable experience, or a mifchievous theory; whether you chufe to build on imagination or fact; whether you prefer enjoyment or hope; fatisfaction in your fubjects, or discontent?

If these propofitions are accepted, every thing which has been made to enforce a contrary system, must, I take it for granted, fall along with it. On that ground, I have drawn the following refolution, which, when it comes to be moved, will naturally be divided in a proper manner: "That "it may be proper to repeal an act, made in the "seventh year of the reign of his prefent ma"jesty, intituled, An act for granting certain du"ties in the British colonies and plantations in America;

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"America; for allowing a drawback of the duties "of customs upon the exportation from this king"dom, of coffee and cocoa-nuts of the produce of "the faid colonies or plantations; for discontinuing the drawbacks payable on China earthen' ware exported to America; and for more ef"fectually preventing the clandeftine running of "goods in the faid colonies and plantations.—And "that it may be proper to repeal an act, made in "the fourteenth year of the reign of his prefent

majesty, intituled, An act to discontinue, in fuch

manner, and for such time, as are therein men❝tioned, the landing and discharging, lading or "fhipping, of goods, wares, and merchandize, at "the town and within the harbour of Boston, in "the province of Maffachufet's Bay, in North "America.And that it may be proper to repeal "an act, made in the fourteenth year of the reign "of his prefent majesty, intituled, An act for the

impartial administration of justice, in the cases "of perfons queftioned for any acts done by them, "in the execution of the law, or for the fuppref"fion of riots and tumults, in the province of "Maffachufet's Bay, in New England.—And that "it may be proper to repeal an act, made in the "fourteenth year of the reign of his prefent ma-,

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jefty, intituled, An act for the better regulating "the government of the province of Maffachufet's "Bay, in New England.-And, also, that it may

"be

"be proper to explain and amend an act, made in "the thirty-fifth year of the reign of King Henry "the Eighth, intituled, An act for the trial of "treafons committed out of the king's domi"nions."

I wish, Sir, to repeal the Boston Port Bill, becaufe (independently of the dangerous precedent of suspending the rights of the fubject during the king's pleasure) it was paffed, as I apprehend, with lefs regularity, and on more partial principles, than it ought. The corporation of Bofton was not heard before it was condemned. Other towns, full as guilty as fhe was, have not had their ports blocked up. Even the restraining bill of the present seffion does not go to the length of the Boston Port Act, The fame ideas of prudence, which induced you not to extend equal punishment to equal guilt, even when you were punishing, induce me, who mean not to chastife, but to reconcile, to be fatisfied with the punishment already partially inflicted,

Ideas of prudence, and accommodation to circumftances, prevent you from taking away the charters of Connecticut and Rhode Island, as you have taken away that of Maffachufet's Colony, though the crown has far lefs power in the two former provinces than it enjoyed in the latter; and though the abufes have been full as great, and as flagrant, in the exempted as in the punished, The fame reafons of prudence and accommodation.

have weight with me in restoring the charter of Maffachufet's Bay. Befides, Sir, the act which changes the charter of Maffachufet's is in many particulars fo exceptionable, that if I did not wish abfolutely to repeal, I would by all means defire to alter it; as feveral of its provisions tend to the fubverfion of all publick and private juftice. Such, among others, is the power in the governour to change the sheriff at his pleasure; and to make a new returning officer for every special caufe. It is fhameful to behold fuch a regulation standing among English laws.

The act for bringing perfons accused of committing murder under the orders of government to England for trial, is but temporary. That act has calculated the probable duration of our quarrel with the colonies; and is accommodated to that fuppofed duration. I would haften the happy moment of reconciliation; and therefore must, on my principle, get rid of that most justly ob

noxious act.

The act of Henry the Eighth, for the trial of treafons, I do not mean to take away, but to confine it to its proper bounds and original intention; to make it expressly for trial of treafons (and the greatest trcafons may be committed) in places where the jurifdiction of the crown does not extend.

Having guarded the privileges of local legiflature, I would next fecure to the colonies a fair and unbiaffed

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unbiaffed judicature; for which purpose, Sir, I propofe the following refolution: "That, from "the time when the general affembly or general 66 court of any colony or plantation in North America, fhall have appointed by act of affembly, " duly confirmed, a fettled falary to the offices of "the chief juftice and other judges of the fuperiour 66 court, it may be proper, that the faid chief juf "tice and other judges of the fuperiour courts of "fuch colony, fhall hold his and their office and "offices during their good behaviour; and fhall "not be removed therefrom, but when the faid "removal fhall be adjudged by his majesty in council, upon a hearing on complaint from the general affembly, or on a complaint from the 66 governour, or council, or the house of reprefen"tatives severally, of the colony in which the faid "chief justice and other judges have exercised "the faid offices."

The next refolution relates to the courts of admiralty.

It is this: That it may be proper to regulate "the courts of admiralty, or vice admiralty, au"thorized by the 15th chap. of the 4th of George "the Third, in fuch a manner as to make the "fame more commodious to those who fue, or "are fued, in the faid courts, and to provide for "the more decent maintenance of the judges in "the fame."

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