The Connecticut courant and Hartford weekly intelligencer — Hartford, Conn., 1774-06-28 00:00:00, page 1

TUESDAY, June zB, U 74. THE.' •- [NUMBER 456.1
", » '•* I • « • v
CONNECTICUT / COURANT/'
AND Vj HARTFORD
WEEKLY INTELLIGENCE R»
'OwSoOTMW - ' - •.
- i — -—■— ——
' Containing the Freiheit ADVICES, , both FOREIGN and DOMESTIC.
S-J* L. O N D O N, April 26.
■^Authentic Account of Priddy's Debate
... an the second Reading of the Billfor regulating the civil
government of the Maffachujetts-Ba^.
MR./W&rfaid, he did not rife to make any de
bate, for he was not enabled as yet to form
any opinion whether the bill before the House was a
proper bill, or not; as copies of the charters which
had been ordered before the House were not yet laid,
he would venture to fay, that no man knew the con
stitution of that goverment ; it was therefore im
poflible for him to fay in what manner he would cor
rect or amend it.
Sir George Savile said, he had not troubled the
House before on the occasion, but he could not help ■
observing, that the measure now before the House,
was a very doubtful and dangerous One; doubtful
as the propriety of regulation, and dangerous as to
its consequence ; that charters by government were
sacred things,andare only to be taken away by a due
course of law, either as a punishment for an offence,
or for a breach of the contract, and that can only be
by evidence of the faft ; nor could he conceive that
in either of those cases there could be any such thing
as proceeding without a fair hearing of both parties.
This measure before us seems to be a me/ extraordi
nary exertion of the legislative power. Let us sup
pose a lease granted to a man, wherein was a cove
nant, the breach of which would fubjeft him to a for
feiture of his.leafe—would not a court ofjultice re-‘
-quire evidence OT 3C” raft f-irty,- trrtitry--rrfM-yusi
proceed different from the line which is always ob
• served in courts of juflice ? You are now going to
alter the charter, because it is convenient. In what
manner does the Hqufe mean to take away this char
ter, when in fail they refufe to hear the parties, or
to go thro’ a legal course of evidence of the fafts.
Chartered rights have, at all times, when attempted
to be altered or taken away, occasioned much blood
filed and flrife ; and whatever perlons in this House
have advanced, that they do not proceed upon this
business but with trembling hands, I do also assure
them that I have (hewn my fears upon this.occafion,
for I have run away from every question, except one,
to which I gave my negative. I do not like to be
present at a business, which I think inconsistent
with the dignity and /(rice of this House.- I trem
ble when I am, for fear of the consequences; and I
think it a little extraordinary ./that Mr. Eolian should
be admitted to be heard as an American agent in
the Houje of Lords, when in the House of Common! he
was refufed. I believe it is true that the fad, set
forth in his petition to the House of Lords ; ia one
declaring himfelf an inhabitant of Bolton,and in the
other omitting it. I cannot conceive it poflible tq
proceed bn this bill upon the small ground of evi
dence which you. have had.
Mr. W. Ellis. I mult rife/Sir, with great confi
dence, when I differ from the honorable gentleman
who spoke last, whose abilities are -f^ eminently
treat; but I think, Sir, that chartered rights are
y no means those sacred things which never can
be altered ; they are veiled in the Crown, as a pre
rogative, for the good of the people at large ; it the
flipremc legislature find that thole Charters so
•granted, are both unfit and inconvenient for the
public utility, they have a right to make them fit
and convenient; wherever private property is con
cerned, the legislature will not take it away without
making a full recompence, but wherever the regu
latidn of public matter is the obieft, they have a
right to correct, controul, or take it away as may
bed suit the public welfare.' The Crown may fome
tim.es grant improper powers with regard to govern
ments that a?e to be eltabliihed, will it not be high
ly proper and necessary that the legislature, feeing
in what manner the Crown has been ill-advised,
should take it into their consideration, and alter it
85 far as neceflary. It is the legislature’s duty to
correct the errors that have been eflablifhed in the in
fancy of that constitution, and regulate them for the
public welfare. • Is a charter, not confident with the
public good, to be continued ? The honourable gen-
Opcn to all PARTIES^ but not under the influence of ANY.
Aleman fays, much bloodshed has been occasioned by
taking away or altering of chart', red rights ; I grant
it; but it has always been where*! .'croachments have
beem made by improper parties, and the attack has
been carried on by improper pew -rs. He also fays,
this form of government in America ought not to
be altered without hearing the p?.'•ties——the papers
on your table, surely, aid fn ficient evidence of
what they have to fay in their d '*nlee look only
into the letter dated- the 19th e’’ November 1773?
wherein the Governor applied to the Council for ad
vice, and they neg!efted giving ittb him ! and also
wherein a petition was prefer. ttd to the-Council by
certain persons who appliep for protection to them
property during these dilb-rb-ncesi the Council,
Without giving any anfver, adjourned for 16 days,
and the Governor was-netabje to do any thing him
felf without their opinion. Lock again. Sir, into
' -the resolution which the Count ’ com,e to when they
met again, dating the total b 'uffciency of their
power. This, surely, Sir, is- m „evidence compe
tent to ground this bill upon -We have now got
no farther than jud to alter th T two p'arts, as ftg»-
ted by themselves. Surely Sir that form of govern
ment which will not protlft )Jur» property, ought
to be altered in such a manner as it may be able to
do it. • -a ... *
Gen. Convsay. What Einisi cto fd!’ not d^lay
the House long. lam very .fu.-d what I intend to fay
will little deserve the attfeiid-: ’^.of tjie House ; but
•I** L -cftliat impr: t A it squires it.
The consequence of rhis bill will be very important
and dangerbus. Parliament cannot break into a
right without hearing the parties* The queftioh
then is Amply this: Have they been beard ? . What ’
because the papers fay a murder had been‘commit
ted, does it follow they have proved it? -Andi alteram
partem, is a maxim I have long adhered to ; but it is
something foinconfident with p?,rliam.e-itry proceed
ings not to do it, that lam afionifhed at it. The
Council are blamed, becapfe they did not give that
advice tn the Governor which he vzanted, I think,
•Sir, the Governor might have afted alone, without
their aflidance. Gen demen will Confider, that this
is not only the charter of Boston, o^of any particular
part, but the charter of ALL America. Are the
Americans not to be heard ?-—Don’t chufe to ebn
fent and agree about appointing an agent? I think
there is no harm, upon this occasion in dretehing a
point; and I would rather have Mr. Bollan, as an
agent of America (though he is a little irregular in
his appointment) sooner than leave it to be said, that
this bill passed without it. The House being vociferous,
he said, lam afraid I tire the House with my weak
voice ; if that is the case, I will not proceed, but I
do think, and it is my .sincere opinion, that vse arc
file aggrejfors and innovators^, and not the colonies. We
have irritated and forced laws upon them for these fix
•or seven years lad pad. We have enacted Inch a va~.
rieiy of laws, with these new taxes, together with are
fulal to repeal the /^^duty on tea ; all these things
have served no other purpoie but to. distress and per
plex. I think the Americans have done no more than
every fubjubt vooutd do in an arbitrary state, where
laws are imposed againd their will. In my con
science, I think,ZAwr/wz zaAtlegijlation are in this case
inconjiftent. Have you notiegifiative right over Ire -
land ? And yet no one will dare to fay we have a
right to tax. These a<Ps, refpefting America, will
involve this country and its ,Mmifiers in misfortunes, &
I wish I may not add, in ruin.
Lord North. Ido not confider this matter of regu
lation to’ be taking away their charters in such man
ner as is represented ; it is a regulation of government
to ajffl the crovon ; it appears to me net be a mat
ter of political expediency, but of necessity. If it does
not fiand upon that ground, it ftanos on nothing.
The account which has just now been read to you is
an authentic paper, transmitted to government here,
fiiewing that the Council refilled in every case their
aflidance and advice ; and will this country fit Mil
when they fee the colony proceeding agai^fc your
pone it. ’ '
, Sir George Towge- It remains to me, Sir, that
is uaanfwcred ana unanswerable, what has been ad
vanced by the honourable gentleman who spoke se
cond, that the parties should be heard, though even*
at a twelvemonth hence. Nothing, Sir, fyatfatai
necessity can countenance this measure. No body
pf men ought to be proceeded againd without being
heard, much-less ought the--regulation of a whole
government to take place, without the parties at
tending in their defence against inch alterations.' :■
. Governor fohnjlon, . ' I fee, Sir, a great difpofitign
in this house to proceed in this business without
knowing any thing of the constitution of America 4
several inconveniencies will arise if the Sheriff is to
be appointed by the Governor ; the jury will, of
Course, be biaffed by some influence or other ; fpecU
al Juries will be mod: liable to this. [Here the Go
vernor,gave an account of the different riot^ which
had happened in England, and compared them -with '
what he called the falfe accounts of those from A
merica.J 1 impute, fays he,all the misfortune’s which
have happened in America, to the taking away the
power of the Governor. No man, of common sense,
can apprehend that the .Governor would ever have.,
gone two Or three days intpthe country, during-these
disturbances if he had had the command of the mi
litary povzer. The natural spirit of man would be
fired, in such a manner, as to aftuate himfelf to shew
resistance 5 but in this Governor no power was
lodged. I disapprove much of the measure which is
before us, and 1 cannot think but its consequences
will be prejudicial. .
Mr. C. fenkinfon. I rife, Sir, only to cbferve,that
if the colony has not that power within itfelf to
maintain its own peace and order, the. legislature
.should, and ought to have. Let me afle. Sir, whe
ther the colony took any step, in any Ihage, to quell
rhe riots and disturbances ? No, they took none.
Let me ask again, whether all the checks and con
troul that are necessary, are not put into the com
miflion of the governments ? Much has been said
about hearing tfe parties, and taking away their
chartered rights ; I am of opinion, that where the
right is a high political regulation, you are not in
that i,nftance bound to bear them ; but tfi.e hearing
of parties is necessary where private property is con
\Eor the remainder fee the lajt page.\
own. fubjefts, tarring and feathering your servants ;
denying your laws and authority ; refufing every
direction and advice which you fend ? Are we, Sir*
feeing all this, to be silent, and give the Governor
no support ? Gentlemen fay, let the colony come to
your bar, and be heard in their defence; though it
is not likely that they will come, when they deny
your authority in every inflance, can we remain in
tins fituatibn long ? We mull: effeftually take some
measures to correct and amend the defefts of that
government, have heard fb many different opinions
in regard to our conduft in America,! hardly know
how to answer them. The honourable gentleman,
who spoke lad, formerly blamed the tame and in
sipid conduft of government ; now he eftndemns
this measure as harsh and severe. The Americana
have tarred and feathered your fubjefts, plundered
your merchants, burnt your fiu-ps, denied all o'be- •
dience.to your laws and authority ; yet so clement
and so loitg forbearing has our conduft been, that it
is iummbent upon us now to take a different course.;
Whatever may be the confeouence, vie mus rif^ue some
thing ; if vie do not, ALL IS O VER.. Themeafure '
now proposed, is. nothing more than taking the e-.
leftion’ of Counfellors out of the hands cf those peo
ple, \>/ho are continually afting in defiance and re-’
iidance of your laws.. It has also been said by gear
tiemen—-fend.for the Americans to your bar—to
give them redress a twelvemonth hence. Surely,
Sir, this cannot be the language that is to give ef
feaual relief to Amerita ; it is not, I fay again, •
convenience, it is political neccffty that urges
this measure ; if this is not the proper method,fhew
me any other which is preferable, and I will pod-