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House that is fitter for the turbulent ha- | sistance is rebellion-can save you from rangues of an American congress than for famine and ruin.” When these things a British parliament, every thing which are said to them, what can they answer? would restrain American independency is | What part have they to take? They must unjust and cruel. But if so, Sir, how resist in common with those with whom come gentlemen not to oppose the aug- you have united them in ruin. I thought mentation of the army and navy for these your measures were intended to divide the purposes. They retired from that ques- people. But when you mean to destroy tion; some never looked to it; others you unite all, because you wish to destroy retired sturdily like Ajax : they did not all. Thus much I thought it right to say, turn their backs, but, Sir, they retired. that I might mark the spirit of your mea
Mr. T. Townshend. If the augmenta- | sures. tion of the navy and army had been pro- Governor Pownall, having now, after posed as a force with which to make war two days debate, heard so much about the on America, I would, Sir, have been as starving principles of this Bill, and of the sturdy as Ajax, not retiring, but attack famine which was to be the effect of it in ing, I would have set my face against it ; ) New England, rose to say a few words, in I would have used every power I had to order, by stating the fact, to wipe off from oppose it; I would have carried my oppo- the Bill an imputation, which not only sition to turbulency, since the noble lord | the oratory of those who opposed it, but will so describe it. The reason why I did the indiscretion of some who had defended. not oppose it, I will avow; it is a fair one. it, brought upon it; the foul stain of hardI knew that it was determined that a great heartedness and cruelty; as also to calm part of the force which we then had was any apprehensions which gentlemen by to be sent to America. I trembled for their oratory, working on a fact taken for the safety of this realm, thus stript of the granted, had endeavoured to raise in the strength intended originally for its de- breasts of the humane.--As to the starvfence; I was glad when I heard an addi- ing and famine, supposed as an effect tional defence was to be proposed for it. which might follow from the operations I would not oppose this necessary mea. of this Bill, it was a supposition too idle to sure, though I would not in any thing mix combat. The colonies of New England myself with the measures of ministry. were provision colonies, they were great He then went into the argument on the grazing settlements; they had not, insubject of famine and starving.
deed, been equally attentive to tillage as Mr. Charles Fox. I think, Sir, you the farmers of the middle colonies had have now, by refusing this proposition, been, but they raised sufficient corn, rye, completed the system of your folly. and barley for their subsistence; that alYou had some friends yet left in New though they imported some flour and bisEngland. You yourselves made a parade cuit from Philadelphia and New York, yet of the number you had there. But you the first was chiefly for the luxury of the have not treated them like friends! Rather rich, and the latter for fitting out their than not make the ruin of that devoted shipping. If it became necessary to recountry complete, your friends are to be strain their trade the latter would not be Involved in one common famine! How wanted, and if people will go to war they must they feel. what must they think, I must expect to give up the former. If the when the people against whom they have Bill proceeded upon any such principles stood out in support of your measures, say of hard-heartedness, or if he could see any to them, “ You see now what friends in such cruel effects in it as had been stated, England you have depended upon; they he would have opposed it, instead of acseparated you from your real friends thcre, quiescing in it; instead of any such mis. While they hoped to ruin us by it; but chievous effect on the colonies, we should since they cannot destroy us without mix. have need to watch, that it did not proing you in the common carnage, your duce a contrary effect, namely, that of merits to them will not now save you; / turning their thoughts more seriously to you are to be butchered and starved in tillage ; if it should, might it not have the discriminately with us? What have you effect fabled in the story of Antæus, that to look to for support but resistance? You the moment in which they touch the are treated in common with us as rebels, ground, from that moment they should Whether you rebel or not. Your loyalty derive strength. He concluded by saying Has ruined you. Rebellion alone if ren that he considered this Bill simply as a
commercial regulation; as a temporary | bare curiosity, in his opinion, should not withholding of those indulgences which be gratified, when it might be productive particular laws and coonivance had given, of evil; that he believed it was neither in relaxation of the general laws on which novel nor extraordinary to keep many the plantation trade had been originally matters secret. established; as withholding these indul- Mr. Fox said, the noble lord from the gences so long as the colonies should beginning had taken care to lead the think fit to prohibit the trade of Great House blindfold; and would, he was cer. Britain ; it was from seeing and consider- tain, continue to do so, till he found some ing it in this light alone that he acquiesced personal convenience in acting otherwise. in it.
He pronounced confidently, that the Bill Mr. Henry Dundas (Solicitor Gene- just passed could not succeed; and deral of Scotland). In what I said in a sired the noble lord to recollect his words, late debate, I did not say that I ap- and at the same time not to come to par. proved of measures of starving a whole liament, telling them, though the measure people; but, that if matters between us miscarried, it was their measure, for if they and the Americans were come to that had not framed, they had, after the fullest issue, that we must at last use force, and deliberation, approved of it. The fact was perhaps the sword; surely those measures the very reverse, as his lordship had been which would prevent them from being able both the framer and approver ; and by the to resist, might prevent us from coming to arts of misinformation on one hand, and the harsher measures of the sword and want of any material information on the bloodshed. I thought these measures other, parliament were persuaded into an would bring them to their senses, and approbation of his measures. would therefore, in the end, prove mercy Mr. Hartley then moved for the said to them. This, I hoped, would be the Paper : but it passed in the negative. true operation and effect of this Bill; and, therefore, approving that operation, I must Petition and Memorial of the Assembly disapprove this motion.
of Jamaica to the King in Council.] GoOn the motion, that the said clause be vernor Johnstone said, he had been inread a second time, the House divided. formed that an extraordinary Petition The Yeas went forth.
from Jamaica had been received by the Tellers.
ministers, the contents of which were of
the utmost importance; and desired to Yeas S Mr. Hartley . .
know the reason why it was not laid before
the House? Noes}
Lord Stanley - - - - 2188 | Lord North said, he could assign ng -s? Mr. Cooper ....$" reason. The Petition was from the as. So it passed in the negative. The Bill sembly of the island, hastily agreed upon, was then passed and carried to the Lords. just at the end of the session.
Mr. Hartley said, that a letter had been Mr. Fox thought that was a sufficient written by the earl of Dartmouth to go- reason to force it upon his lordship's .vernor Colden, of New York, dated the notice; for it was his lordship's practice to
10th Dec. 1774: as this letter contained transact the most importuat business at the matter well worthy the consideration and end of the session. attention of the House, he should be glad, Lord North said it should be brought he said, to have it laid before the House. | The following is a copy of it. Mr. Rigby opposed this. He said ad.
Jamaica, ss. To the King's most excel ministration must always be understood to be the sole judges of what is and what is
lept Majesty in Council. The hum not proper to be laid before the House.
ble Petition and Memorial of the
| Mr. T. Townshend observed, it was a
Assembly of Jamaica. very novel and extraordinary doctrine to ' “ Most Gracious Sovereign, affirm, that when a paper was called for, “We your Majesty's most dutiful and and particularly described, it was in the loyal subjects the assembly of Jamaica option of the minister to produce or with having taken into our consideration the hold it at his pleasure.
| present critical state of the colonies, hum Lord North contended there were many bly approach the throne to assure your papers, which a mere spirit of curiosity | Majesty of our most dutiful regard to you! might prompt men to call for ; but that royal person and family, and our atlacu
ment to and reliance on our fellow subjects | legislation of their country; and that no in Great Britain, founded on the most | laws can affect them but such as receive solid and durable basis ; the continued their assent given by themselves or their enjoyments of our personal rights and the representatives ; and it follows therefore security of our properties.
that no one part of your Majesty's English “ That weak and feeble as this colony subjects either can or ever could legislate is, from its very small number of white for any other part. inhabitants and its peculiar situation, from " That the settlers of the first colonies, the incumbrance of more than 200,000 but especially those of the elder colonies slaves, it cannot be supposed that we now of North America, as well as the conintend, or ever could have intended resis-querors of this island, were a part of the tance to Great Britain.
English people, in every respect equal to “ That this colony has never, by riots them, and possessed of every right and or other violent measures, opposed or per- privilege at the time of their emigration, mitted an act of resistance against any which the people of England were poslaw imposed on us by Great Britain, though sessed of, and irrefragably to that great always truly sensible of our just rights and right of consenting to the laws which should of the pernicious consequences, both to bind them, in all cases whatsoever, and the parent and infant state, with which who emigrating at first in small numbers some of them must be attended; always when they might have been oppressed, relying with the most implicit confidence such rights and privileges were constantly on the justice and paternal tenderness of guaranteed by the crown to the emigrants your Majesty, even to the most feeble and and conquerors, to be held and enjoyed distant of your subjects, and depending, by them in the places to which they emithat when your Majesty and your parlia- grated, and were confirmed by many rement should have maturely considered and peated solemn engagements made public deliberated on the claims of Great Britain by proclamation, under the faith of which and her colonies, every cause of dissatis- they did actually emigrate and conquer, faction would be removed. That justly and therefore the people of England had alarmed at the approaching horrors of an | no rights, power, or privilege to give to, unnatural contest between Great Britain the emigrants as these were at the time of and her colonies, in which the most dread their emigration, possessed of all such ful calamities to this island, and the inevi- rights equally with themselves table destruction of the small sugar colo “ That the peers of England were posnies are involved: and excited by these sessed of very eminent and distinguished apprehensions, as well as by our affection privileges in their own rights as a branch for our fellow subjects both in Great Bri- of legislature. A court of justice in the tain and the colonies, we implore your dernier resort for all appeals from the peoMajesty's favourable reception of this our ple, and in the first instance, for all causes humble petition and memorial, as well on instituted by the representatives of the behalf of ourselves and our constituents the people ; but that it does not appear that good people of this island, as on behalf of they ever considered themselves as acting all other his Majesty's subjects the colonists in such capacities for the colonies, the of America; but especially those who peers having never to this day heard or delabour at present under the heavy weight termined the causes of the colonists in apof your Majesty's displeasure, for whom peal, in which it ever was, and is their we entreat to be admitted as humble duty, to serve the subjects within the suitors that we may not at so important a | realm. crisis be wanting to contribute our sincere " That from what has been said it apand well-meant, however small, endea. pears, that the emigrants could receive noTours, to heal those disorders which may thing from either the peers or the people, otherwise terminate in the destruction of the former being unable to communicate the empire.
| their privileges, and the latter on no more “ That as we conceive it necessary for than equal footing with themselves, but this purpose to enter into the different that with the king it was far otherwise. calms of Great Britain and her colonies, The royal prerogative as now annexed to, We beg leave to place it in the royal mind and belonging to the crown, being totally as the first established principle of the con- independent of the people, who cannot in
tuțion, that the people of England have vade, add to, or diminish it; nor restrain, right to partake, and do partake, of the nor invalidate those legal grants which (VOL. XVIII.)
the prerogative hath a just right to give, gislative power, still hoping from the interand hath very liberally given for the en- | position of their sovereign, to avert that couragement of colonization. To some last and greatest of calamities, that of being colonies it granted almost all the royal reduced to an abject state of slavery, by powers of government which they hold having an arbitrary government established and enjoy at this day, but to none of them in the colonies; for the very attempting of did it grant less than to the first conquerors which, a minister of your predecessors of this island, in whose favour it is declared was impeached by a House of Commons. by a royal proclamation, that they shall “ With like sorrow do we find the have the same privileges to all intents and popish religion established by law, which purposes, as the freeborn subjects of Eng. | by treaty was only to be tolerated. I land,
" That the most essential rights of the " That to use the name or authority of colonists have been invaded, and their prothe people of the parent state, to take away perty given and granted to your Majesty or render ineffectual the legal grants of by men not entitled to such a power. the crown to the colonists, is delusive, and « That the murder of the colonists hath destroys that confidence which the people been encouraged by another Act, disal. Have ever had and ought to have of the lowing and annulling their trials by juries most solemn royal grants in their favour, of the vicinage ; and that fleets and armies and renders unstable and insecure those have been sent to enforce those dreadful very rights and privileges which prompted | laws. their emigration.
“ We therefore, in this desperate ex. “ That your colonists and your peti- tremity, most humbly beg leave to ap. tioners having the most implicit confidence proach the throne, to declare to your Main the royal faith, pledged to them in the jesty, that our fellow subjects in Great most solemn manner by your predecessors, Britain, and consequently their represenrested satisfied with their different portions tatives the House of Commons, have not a of the royal grants, and having been bred right, as we trust we have shewn, to legis. from their infancy to venerate the name of late for the colonies; and that your petiparliament, a word still dear to the heart of tioners, and the colonists, are not por every Briton, and considered as the palla- | ought not to be bound by any other laws, dium of liberty, and the great source from than such as they have themselves assent. whence their own is derived, received the ed to, and not disallowed by your Ma. several acts of parliament of England and I jesty. Great Britain for the regulation of the "Your petitioners do therefore make trade of the colonies, as the salutary pre- this claim and demand, from their sove. cautions of a prudent father for the pros. | reign, as guarantee of their just rights, on perity of a wide extended family; and that the faith and confidence of which they in this light we received them without a have settled, and continue to reside in thought of questioning the right, the these distant parts of the empire, that po whole tenor of our conduct will demon-laws shall be made and attempted to be strate, for above one hundred years ; that, forced upon them, injurious to their rights though we received these regulations of as colonists, Englishmen, or Britons. trade from our fellow subjects of England' “ That your petitioners, fully sensible and Great Britain, so advantageous to us, of the great advantages that have arisen as colonists, as Englishmen, and Britons, from the regulations of trade in general, we did not thereby confer on them a prior to the year 1760, as well to Great power of legislation for us, far less of de- | Britain and her colonies, as to your petistroying us and our children, by divesting tioners in particular, and being anxiously us of all rights and property.
desirous of encreasing the good effects “ That with reluctance we have been of these laws; as well as to remove an drawn from the prosecution of our internal Obstacle, which is now in our government, affairs, to behold with amazement a plan and could not have existed on the prinalmost carried into execution, for enslav. ciples of our constitution, as it bath arisen ing the colonies ; founded, as we conceive, from colonization; we do declare for our. on a claim of parliament to bind the colo- selves and the good people of this island, nists in all cases whatsoever.
that we freely consent to the operation of “ Your humble petitioners have for all such acts of the British parliament, as several years with deep and silent sorrow, are limited to the regulation of our exlamented this unrestrained exercise of le- ternal commerce only, and the sole objects
405] of Jamaica to the King in Council. A. D. 1775. [406 of which are the mutual advantage of Chaplin, was owner and occupier of all the Great Britain and the colonies,
lands in the parish of Rysom in the coun“We, your petitioners, do therefore ty of Lincoln, to the amount of 2,000 beseech your Majesty, that you will be acres, for which he paid no tythe whatever, pleased, as the common parent to your but a sum of money of 151. 10s. 1£d. by subjects, to become a mediator between way of composition: this being consideyour European and American subjects, rably under the real value, the respondent, and to consider the latter, however far re. Bree, rector of the parish, exhibited his moved from your royal presence, as equally bill in the court of Exchequer, Hilary term, intitled to your protection, and the bene- 1769, praying that the appellant might be fits of the English constitution, the depri- | deemed to account with him, according to vation of which must dissolve that de the real and full value of the lands. The pendence on the parent state, which is our appellant admitted, generally, the allegaglory to acknowledge, whilst enjoying tions contained in the respondent's bill; those rights, under her protection. But but insisted that part of the lands called should this bond of union be ever destroy Grange de Lynge, mentioned in the plead. ed, and the colonists reduced to considerings, were not within the parish of Rythemselves as tributaries to Britain, they som, being extra-parochial; and that an must cease to venerate her as an affection- ancient composition real, anterior to the ate parent.
reign of queen Elizabeth, had been made "We beseech your Majesty to believe, between the patron and parson of the pathat it is our earnest prayer to Almighty rish, for the yearly sum of 151. 10s. 14d. in Providence to preserve your Majesty in lieu and full satisfaction of all tythes, and all happiness, prosperity, and honour, and other ecclesiastical dues. The said cause that there may never be wanting one of being heard before the barons of the Exyour illustrious line to transmit the bless. chequer, two issues were directed to be ings of our excellent constitution to the tried, the first at the next Lincoln assizes, latest posterity, and to reign in the hearts to enquire whether the lands of Grange de of a loyal, grateful and affectionate | Lynge were in the parish of Rysom; the people.
second, whether there had been any com“Passed the Assembly this 23rd day of position real between the patron and parDecember, 1774.”
son, previous to the reign of queen Eliza
beth. On the 25th and 26th of March, Debate in the Lords on the Tythe Cause | 1774, both matters came to be determined -Chaplin against Bree.) March 6. This before Mr. Justice Blackstone and two day was heard a remarkable Tythe Cause. special juries, at Lincoln, when verdicts in Counsel were called in to be heard in the both issues were found for the appellant, cause wherein Charles Chaplin, esq. is ap- that Grange de Lynge was extra-paropellant, and John Bree, clerk, is respon- | chial; and that there had been an ancient dent, being an appeal from an order of the composition real, paid in lieu and full sacourt of Exchequer of the 16th of May tisfaction of tythes and ecclesiastical dues. 1774. The case shortly was this: two is. -The respondent, looking upon himself sues had been tried at the assizes of Lin. to be aggrieved by both verdicts, and concoln, to enquire what were the modes for ceiving that the learned judge who tried collecting tythes in the parish of Rysom, the cause, (by his direction of the jury) and whether the lands in question, of which was of opinion, that the appellant had failtythe was demanded, were extra-parochial, ed in proving the affirmative, or either of Of within the parish. The jury found for the propositions on which he rested his Mr. Chaplin, the proprietor of the land. cause, applied for a new trial at the court Judge Blackstone attended, and, as the of Exchequer, who, after hearing counsel judge who tried the cause, reported the several days, thought fit to order a new evidence. His opinion was, that the ver. trial on both issues, against which the apdict was against evidence. The clergy- | pellant, Chaplin, appealed.--As soon as man, Mr. Bree, applied to the court of the counsel had finished the reply, Exchequer, and obtained two orders for | Lord Chancellor Apsley observed, that Dew trials, which Mr. Chaplin now com- the whole of the first question rested solely plained of; and against these orders ap on the construction of the terms, in which pealed to the House of Lords.-It appear the grant of the 30th Henry 8 to Charles ed by the judge's report, and the argu- Brandon, duke of Suffolk, of the lands in ments of counsel, that the appellant, 1 question, was conceived. His lordship re