The history of the rise, progress, and establishment of the independence of the United States of America, Vol. 1 (of 3) : $b Including an account of the late war, and of the thirteen colonies, from their origin to that periodGordon, William
History
The history of the rise, progress, and establishment of the independence of the United States of America, Vol. 1 (of 3) : $b Including an account of the late war, and of the thirteen colonies, from their origin to that period
Gordon, William
United States -- History -- Colonial period, ca. 1600-1775; United States -- History -- Revolution, 1775-1783
Upon the first of the two bills, the protesting lords _Richmond_,
_Portland_, _Abingdon_, _King_, _Effingham_, _Ponsonby_, _Rockingham_,
_Abergavenny_, _Leister_, _Craven_ and _Fitzwilliam_, dissented among
other reasons, “because definitive legal offence, by which a forfeiture
of the charter is incurred, has not been clearly stated and fully
proved, neither has notice of this advers proceeding been given to the
parties effected; neither have they been heard in their own
defence—because all the judges are to be nominated, not by the crown,
but by the governor; and all except the judges of the superior court,
are to be removable at his pleasure, and expressly without the consent
of that very council, which is to be nominated by the king; the sheriff
is made changeable by the governor and council, as often and for such
purpose as they shall think expedient, whereby the governor and council
are intrusted with powers, with which the British constitution has not
trusted his majesty and privy council, and have the means of returning
such a jury in each particular case, as may best suit with the
gratification of their passions and interests, so that the lives and
properties of the subject are put into their hands without control.” The
protesting lords took occasion to mention concerning the Boston
port-act, “that, unexampled on the records of parliament, it had been
entered on the journals of the house as voted _nemine dissentiente_, and
had been stated in the debate of the day, to have been sent to the
colonies as passed without a division in either house, and therefore as
conveying the uncontroverted universal sense of the nation; and that an
unfair advantage had been taken, on the final question for passing the
penal bill, of the absence of those lords who had debated it for several
hours, and strongly dissented from it on the second reading, the period
on which it is most usual to debate the principle of a bill.”
On the second bill, the protesting lords _Richmond_, _Fitzwilliam_,
_Ponsonby_, _Rockingham_, _Portland_, _Craven_, _Leister_, and
_Manchester_, dissented among other reasons “because the bill amounts to
a declaration, that the house knows no means of retaining the colonies
in due obedience, but by an army rendered independent of the ordinary
course of law in the place where they are employed; because the bill
seems to be one of the many experiments toward an introduction of
essential innovations into the government of the empire.” They said,
“The authority given by this bill to compel the transportation from
America to Great-Britain, if any number of witnesses at the pleasure of
the parties prosecuting and prosecuted, without any regard to their age,
sex, health, circumstances, business or duties, seems to us so
extravagant in its principle, and so impracticable in its execution, as
to confirm us further in our opinion of the spirit which animates the
whole system of the present American regulations.”
Public-domain text, read in full here on John Shaqi.
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