Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1774-06-27 00:00:00, page 2

from my foul, and may the pure, unadulterated
spirit of liberty, give vigour to my understanding,
v hild I pursue, with unremitted searches, iro rigk's
as a vian. It is needless here, to enter into the
origin and design of government ; that it is intend
ed, and contracted, fortee united good of every indi
vi.haLis so univerlally allowed, that it would be
intuiting the understandings ofEnglilhmen, to ex
patiate on it.
That we may not be too much exasperated against
cur Brethren in England, fuppole we calmly draw
a veil over our prefect resentments, and penetrate
into the reasoning of their hearts. —To be born
a Briton, is not to become a monster with a tyrant
mind —To breath the air of Albion, is not to im
bibe the spirit of unrighteoufhefs and love of cruel
Iway.— 1 true Eoglilh foul, when well informed,
has nobility for its basis. Two centuries ago, the
powers of English royalty, centered in the British
isles; their constitution was eftablilhed,theirlubje&s
were their own, and submitted to the controul of
the supreme legislature-—Then might they talk
with confidence, of the Supremacy of Parliament—
rhe peoples supreme good, was properly their ru
lers supreme care. When the adventrous tons of
Neptune, launched forth into the boundless main,
and pushed out their trembling barks, into the vast
Atlantic, —when the ffiores of this mighty wilder
ness were sirs delcried— fill were they Britons ;
like children difeovering some distant pleating feat,
they scarcely venture out of fight for a moment,
but with joy mixed with fearin their countenan
ces, they hasten back to tell the ad'ventrous tale:
—fill mere they Britons —many were the dangers,
and repeated the tryals, before any kind of efta
blilhment was made—before a durable landing was
effected— fill they kept hold of Britannia's band—
they grew—-fill floe Supported them—-their eyes
were ever towards her for defence---if differences
mrofe amongst themselves, they appealed to Britain
for justice, and plead her decilions as right.—
Year after year, the natives of the realm embarked
for this promised land; but fill mere they Englifo
ita—Their dependance on England, and submis
sion to Engiifh legislation, had so intimately con
nected itfelf with every idea of government, that
their very constitutions were interwoven.---The
father taught the son, to love and revere the old
man's native land; and with attentions solely en
grossed, by the improvement of their farms, the
plants of government, were railed, by feeds from
England. British Parliaments early extended
their care over the neon world, and its inhabitants
were not alarmed---the Jupremacy of Parliament
they had never been taught to doubt because ne
ver exerted to their injury; thus confidence on one
hand, and an opinion of right on the other, grow
ing up together, a kind of tacit submission took
place.---When the aft for reftri&ing our manu
fadures fr/f.came abroad, the right was but gently
attacked by the Americans ; who Numbering un
der the old prejudices, in favour of Parliamentary
power, supinely bowed their heads.---At length
when our enemies ofthe House of Bourbon, began
to envy us “ our pleasant places" and make en
croachments on our land, England took up the
quarrel ; and by the help of the colony forces,
under Providence, drove them from the continent:
but this was not done without large drains from
the coffers of Britain ; yet so much did they esteem
it their cause, that taking into consideration the
great films expended by this infant country they
ordered us a handfeme reimburfemeut--y?/7/ they
looked on us as their children. —
During the war, we had great intercourse with
England---officers of the army were continually
puffing and repaffing; many of them sons of the
belt families. Gentlemen on their travels ex
tended their routs to America; and even Peers
of the realm landed on our shores. Flushed with
the joy of victory, and pleased with the men by
whom we conquered, we lavished the fruits of our
industry, in social banquets.—-We displayed a pa
rade of wealth, beyond the bounds of moderati
on and prudence ; and buffered our guests to de
part, with high ideas of our riches—these were
communicated to their friends at home, and the
tale went round. The nation was oppressed with
a heavy load of debt, great part incurred by the
defence of America, and the sons of England be
gan to clamour for bread : how natural then, was
it for Parliament, to hunt out frefli resources ? and
when their children abroad paraded in all the pride
of plenty, how plausible the scheme of acquiring
their aid.—The power of Parliament, had scarce
ever been denied, or, but feebly opposed. The
suggestion of right was never permitted to have full
scope in their minds— The ideas of a nullum tem
fra a&, in favour of liberty, they had never con
ceived.—Time immemorial, and long usage, had
placed them so secure, that the records of reason
were thought scarce worth the search.—They be
gan like men, with warranted titles, to break up
the ground. A rich vein of oar was promised by
the miners; and a Greenville undertook to fink the
fhaft—but quick as lightning, in piercing the foil,
it communicated the touch to every American
breast.—Like men suddenly brought from the
shade, we startled at the glaring light of day—
our pupils contrasted, our eyebrows lowered; and
we food pensively aghast: —a solemn pause ensued;
at length the rays began gradually to enter ; our
fight became dilated, and we viewed with astonish
ment, the film that had so long overspread our
eyes—in short, we united —we reafmed —and in
some fort gained the vidory : but still England,
long used to government on their part, and fub
jniffion on ours, could not conceive the propriety
of our independance.---Their active minds, dart
ing across the great Atlantic, considered Ameri
ca as contiguous to Britain. Hittory had not
furnifhed them with a fmilar connexion, and their
rule of conduit, was only to be determined, by
thejr cram opinion of right: and they undertaking
to become Pole judges in the case, have fallen into
the unhappy error, which produces our present
confufion. I can make great allowance, for
the former condud of Great-Britain ; every Ame
rican car feel for her mistake They took tis as
W js at tl e breast; they nourished us, and lead
ing ts gently along, supported and inftruded us.---
with pleasure they viewed our ripening years, and
gloried in the goodly figure to which we were at
taining. With fwift and rapid growth we ap
preuched to riper age ; and, trust me, Britons, we
feel within our bosoms, a spirit that bespeaks us,
your genuine offspring. We look to manhood
---our mulcles swell out with youthful vigour ;
our sinews spring with elastic force; and we feel
the marrow of Englifomcn in our bones. The day
of independant manhood is at hand---we feel our
strength ; and with a filial grateful sense of proper
obedience, would with to be esteemed the friend
as well as childof Britain. In domeflic life, we all
allow there is a time, when youth (hall no longer
be fubje^t to the controul of age; when reason
forbids, and when nature denies.—May Britain
think seriously on this important fubjed; let her
weigh the connexion in the ftrid balance of jul
tice; nay, let her try it, on the graduated scale of
causes and events, and her judgment will join hand
in hand with her equity, and declare we are men.
Long may she live in blooming health, and
ruddy vigour ; long may she continue refpeded
abroad, and beloved at home; and when the final
period approaches (the fate of empires as well as
men) may her grateful children take her gently
by the hand, and lead her foftly down the “ steep
of age," protecting her from insults, and feeding
her with bread.—To her allies may they raise a
filial monument of glory, and inscribe with for
rowjpg hearts on her tomb—
Here lies BRITAIN.
Once
The glory and envy of the world.
Her armies awed the nations,
Her fleets with swelling fails
Aided
By her thunders,
Spread commerce thro' the globe.
Blessed in the good will of all good men ;
She lived a life of virtue,
And died in an honourable and advanced old age:
Bequeathing to her posterity in America,
The most valuable benefaction,
A NOBLE Example.
This STONE
Is erected, with tears to her memory,
, By
Her Faithful Sons.
LOND O N, APRIL 26.
An authentic account of Friday's debate on the se
cond reading of the bill for regulating the civil go
vernment of Maffaebufetts-Bay.
MR. Fuller said, he did not rife to make
any debate, for he was not enabled as
yet to form ary opinion whether the bill before
the Houle was a proper bill or not; as copies of
tne chat ers which had been ordered before the
Houle were not yet laid, he would venture to
fay, that no man knew the constitution of that
government; it was therefore impossible for him
to fay in what manner he would correct or
amend it.
Sir George Saville said, he had not troubled
the House before on the occasion, but he could
not help observing, that the measure now be
fore the House was a very doubtful and dan
gerous one; doubtful as to the propriety of re
gulation, and dangerous as to its consequence ;
that charters by government were sacred things,
and are only to be taken away by a due course
of law, either as a punilhment for an offence, or
for a breach of the contrad, and that can only
be by evidence of the fads ; nor could he con
ceive that in either of those cases there could be
anv such thing as proceeding without a fair
hearing of both parties. This measure before
us feerns to be a most extraordinary exertion of
legislative power. Let us suppose a lease grant
ed to a man, wherein was a covenant, the breach
of which would fubjed him to a forfeiture of his
lease, would not a court ofjuftice require evi
dence of the fact? Why, then, will you proceed
different from the line which is always observed
in courts ofjuftice ? You are now going to alter
the charter because it is convenient. In what
manner does the House mean to take away this
charter, when in fad they refufe to hear the
parties, or to go through a legal course of evi
dence of the fads. Chartered rights have, at
all times, when attempted to be altered or ta
ken away, occafionedmuch bloodshed and ftrife ;
and whatever persons in this House have advan
ced, that they do not proceed upon this business
but with trembling hands, I do also assure them
that I have shewn my fears upon this occasion;
for I have run away from every question, except
one, to which I gave my negative. Ido not
like to be present at a business, which I think
inconsistent with the dignity and justice of this
House; I tremble when I am, for fear of the
consequences; and I think it a little extraordi
nary that Mr. Bollan should be admitted to be
heard as an American agent in the House of
Lords, when in the House of Commons he was
refufed. 1 believe it is true, that the fads set
forth in his petition to this House, were different
from those which he presented to the House of
Lords ; in one declaring himfelf an inhabitant
of Bolton, and in the other omitting it. I can
not conceive it possible to proceed on this bill
upon the small ground of evidence which you
have had.
Mr. Welbore Ellis. I mud rife, Sir, with great
confidence, when I differ from the honourable
gentleman who spoke lad, whose abilities are so
eminently great; but 1 think, Sir, that char
tered rights are by no means those sacred things
which never can be altered; they are veiled in
the Crown as a prerogative, for the good of the
people at large; if the supreme legislature find
that those 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 concerned, the le
gislature will not take it away without making
a full recompence; but wherever the regulation
of public matter is the objed, they have a right
to corred, controul, or take it away as may best
suit the public welfare. The Crown may some
times grant improper powers with regard to go
vernments that are to be eftablilhed, will it net be
highly proper and necessary, that the legislature,
ft eing inwhat manner the Crown has been ill-ad
vised, should take it into their consideration, and
alter it as far as necessary. It is the legislature's
duty to correct the errors that have been establish
ed in the infancy of that constitution, and regu
late them for the public welfare. Is a charter, not
confident with the public good, to be continued?
The honourable gentleman fays, much blood
died has been occasioned by taking away or al
tering of chartered rights; 1 grant it; but it has
always been where encroachments have been
made by improper parries, and the attack has
been carried on by improper powers. He also
fays, this form of government in America ought
not to be altered without hearing the parties;
the papers on your table, surely, are fufficient
evidence of what they have to fay in their de
fence; —look only into the letter dated the 19th
r ovember, 1773,wherein the Governor applied
to the Council for advice, and they negleded
giving it to him! and also wherein a petition
was presented to the Council by certain persons
who applied for protection to their property dur
ing these disturbances, the Council, without
giving any answer, adjourned for ten days, and
the Governor was not able to do any thing him
felf without their opinion. Look again, Sir, in
to the resolution which the Council came to
when they met again, dating the total infuffici
ency of their power. 'J his, surely, Sir, is an
evidence competent to ground this bill upon.
We have now got no farther than just to alter
these two parts, as stated by themselves. Surely,
Sir, that form of government which will not
protect your property, ought to be altered in
iuch a manner as it may be able to do it.
General Conva,. What 1 intend to fay will
not delay the house long. lam very fare what
I intend to fay will little deserve the attention of
the house ; but the fubjed is of that importance,
that it requires it. The consequence of this bill
will be very important and dangerous. Parlia
ment cannot break into a right without hearing
the parties. The question then is simply this :
Have they been heard ? What ! because the pa
pers fay a murder had been committed, does it
follow they have proved it ? Audi alteram partem,
is a maxim I have long adhered to ; but it is
something so inconfiltent with parliamentary
proceedings not to do it, that I am aftonilhed
at it. The council are blamed, because they
did not give that advice to the Governor which
he wanted. I think, Sir, the Governor might
have a&ed alone, without their assistance. Gen
tlemen will confider, that this is not on'y the
charter of Boston, or of any particular part, but
the charter of ALL America. Are the Ame
ricans not to be heard ?—Do not chufe to con
sent and agree about appointing an agent ? I
think ther is no harm upon this occasion, in
flretching a point; and I would rather have Mr.
Bollan, as an agent of America (though he is
irregular in his appointment) Goner than leave
it to be said, that this bill passed without it.—
The House being vociferous, he said, I am afraid I
tire the house with my weak voice ; if that is
the case, I will not proceed, but Ido think,
and it is my sincere opinion, that we ^\z the
aggressors and innovators, and not the
Colonies. We have irritated and forced
laws upon them for these fix or seven years last
past. We have enabled such a variety of laws,
with these new taxes, together with a refufal to
repeal the trifling duty on tea ; all these things
have served no other purpose but to difrejs and
perplex. I think the Americans have done no
more than every fubjeft would do in an arbitrary
state, where laws are imposed against their will.
In my conscience, 1 think, taxation and legislation
are in this case inconfifent. Have you not a le
gislative right over Ireland ? And yet no one
will dare to fay we have a right to tax. These
ads refpeding America, will involve this coun
try and its Ministers in misfortunes, and I wilh 1
may not add, in ruin.
Lord North. I do not confider this matter of
regulation to be taking away their charters in
such manner as is represented; it is a regulation
of government to assist the crown ; it appears to
me not to be a matter of political expediency,
but of neceffity d If it does not stand upon that
ground, it hands on nothing. The account
which has just now been read to you is an au
thentic paper, transmitted to government here,
shewing that the council refufed in every case
their assistance and advice ; and will this coun
try fit still when they fee the colony proceeding
against your own fubjeds, tarring and feather
ing your servants, denying your laws and au
thority, 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 instance, can we remain in
this situation long ? We must effectually take
some measures to corre& and amend,the defects
of that government. 1 have heard so many dif
ferent opinions in regard to our conduct in Ame
rica, I hardly know how to answer them. The
honourable gentleman, who spoke last, former
ly blamed the tame and insipid conduct of go
vernment ; now he condemns this measure as
harih and severe. The Americans have tarred
and feathered your fubjeds, plundered your
merchants, burnt your ships, denied all obedi
ence to your laws and authority ; yet so clement
and forbearing has our conduce been, that it is
incumbent upon us now to' take a different
course. Whatever may be the consequence, we
must rifque something; if wedo not, all is over,
The measure now proposed, is nothing more
than taking the election of counsellors out of the
hands of those people, who are continually ant
ing in defiance and resistance of your laws. It
has also been said by gendemen—fend for the
Americans to your bar—give them redress a
twelvemonth hence. Surely, Sir, this cannot
be the language that is to give effectual rel es to
America, it is not, I fay again, political con
venience, it is political necessity that urges this
measure; if this is not the proper method, shew
me any other which is preferable, and 1 will
postpone it.
Sir George blunge. It remains to me, Sir, that
it is unanfivered and unanswerable, what has
Mr, Harris. I cannot fee, Sir, any rea
son for so wide a separation between America and
England as other gentlemen are apt to think there
ought to be; that country, Sir, was hatched from
this, and I hope we shall always keep it under the
shadow of our wings. It has been said, no repre
sentation, no taxation. This was the system for
merly adopted, but I do not find it authorifed in
any book of jurisprudence, nor do I deem it to be
a doctrine either reasonable or constitutional. I
insist upon it they are bound to obey both the
crown and parliament. The last twelve years of
our proceedings have been a feene of lenity and
inactivity. Let us proceed and mend our method,
or else I shall believe, as an honourable gentleman
has observed, that we are the aggressors.
Sir Edward Hflley. If we have had a twelve
years lenity and inactivity, I hope we shall not
now proceed to have a twelve years cruelty and
oppreflion. By the resolution and firmnefs which
I perceive in the house, it seems to indicate a per
severance in the measure now proposed, which I
deem to be a harsh one, and unworthy of a British
legislature.
Mr. Ward. [The house was very noisy during
the few words which he said.] —He found fault
with the charter being left too much as to the ex
ecution of its power in the people, and he could
not think the legislature was doing any thing,
which it had not a right to do, as he had looked
upon all charters to be granted with a particular
clause in it, expressing that it should not be taken
away but by the parliament.
Governor Pownal. I beg leave to set some gen
tlemen right, who have erred with regard to the
charters of America. The appointment of several
of the officers is in the Governor. The charter
of Boston directs that the Governor shall ask the
council for advice, but it does not fay he shall not
aft without it, if they refufe to give it. It is said
it is criminal to do any thing without advice of the
Council; I differ greatly, Sir, from that dodrine;
for I myfelfhave acted without in putt ing an end
to disturbances, in preserving the peace and good
order of the place; if I had been Governor during
the late disturbances, I would have given an or
der for the military power to attend, and then let
me have seen what officer dare disobey. J think
the Council are much to blame for not co-opera
ting and assisting the Governor, but 1 think the
Governor might have a&ed without the Council.
The council are inexcusable, though not criminal,
as they are not obliged to give it. I, Sir, for
my part, shall give my last opinion. I have al
ways been in one way of thinking with regard to
America, which I have both given here and wrote
to America. They have all along tended to one
point ; but it is now no longer matter of opinion.
Things are now come to a&ion; and I must be
free to tell the House, that the Americans will re
lift these measures: they are prepared to do it. I
do not mean by arms, but by the conversation of
public town-meetings ; they now fend their letters
by couriers, instead of the post, fiom one town to
another ; and I can fay your post office will very
soon be deprived of its revenue. With regard to
the officers who command the militia ofthat coun
try, they will have them of their own appointment,
and not from government; but I will never more
give an opinion con cerning America in this House;
thole I have given have been disregarded.
Mr. Eify. Upon my word, Sir, what was
just now laid, is very worthy the confederation of
this House; and if, from what the honourable
gentleman fays, it is true, and I believe he is well
informed, it appears, that America is pre^arin^ to
arms; and that tie deliberations fthir town nect
ing, tend chief) ? %l" ^ mes His co c-
Governor fohnfton. 1 fee, Sir, a great dispo
sition in this house to proceed in this business
without knowing any thing of the constitution
of America; several inconveniencies will arise
if the Sheriff is to be appointed by the Gover
nor ; the jury, will of course, be biaffed by
some influence or other ; special juries will be
moil liable to this. [Here the Governor gave
an account of the different riots which had hap
pened in England, and compared them with
what he called the falfe accounts of those from
America.] I impute, fays he, all the misfor
tunes 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 into the country, during these disturbances,
if he had had the command of the military pow
er. The natural spirit of man would be fired,
in such a manner, as to aduate himfelf to shew
refinance ; but in this Governor no power was
lodged. [ disapprove much of the measure
/which is before us, and I cannot but think its
consequences will be prejudicial.
Mr. C. fenkin/on. I rife, Sir, only to observe,
that if the colony has not that power within it
felf to maintain its own peace and order, the
legislature should, and ought to have. Let me
ask, Sir, whether the colony took any step, in
any shape, to quell the riots and disturbances ?
No, they took none. Let me ask again, whe
ther all the checks and controul that are neces
sary, are not put into the commission of the
governments ? Much has been said about hear
ing the 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 instance bound to hear them ; but the hear
ing of parties is necessary where private property
is concerned. It is not only in the late pro
ceedings, but in all former, that they have de
nied your authority over them ; they have re
fufed protection to his Majesty's fubjeds, and
in every instance disobeyed the laws of this coun
try ; either let this country forfake its trade
with America, or let us give that due protection
to it which fafety requires.
been advanced by the honourable gentleman «ho
spoke second, that the parties should be heard,
though even at a twelvemonth hence. Nothing,
Sir, butfa/a/ necessity can countenance this mea
sure. No body of men ought to be proceeded
against without being heard, much less ought
the regulation of a whole government to take
place, without the parties attending in their de
fence against such alterations.