curity which their fellow fubjects in Great Britain enjoy under a conftitution, at once the envy and admiration of furrounding nations, becaufe no money can be raised upon the fubject of Great Britain, nor any law made that is binding on him, without the concurrence of those who have been elected by the people to reprefent them. For what happiness can the colonists expect, if their lives and properties are at the abfolute difpofal of others? And that power which, when reftrained within its juft bounds, would difpenfe light and heat to the whole empire, may be employed like a devouring flame, to comfume and destroy them. Your Lordfhips will excufe, nay, we doubt not will commend us, for fpeaking at this important juncture with the freedom becoming the reprefentatives of a free people, when addreffing ourselves to this moft illuftrious body. We therefore beg leave, on this occafion, to declare we conceive the people of the colonies entitled to equal rights and privileges with their fellow fubjects in Great Britain; and that upon these principles it is a grievance of a most alarming nature, that the Parliament of Great Britain fhould claim a right to enact laws, binding the colonies in all cafes whatsoever. Incompatible as this claim is with the very idea of freedom, your Lordships cannot wonder that the colonies fhould exprefs an invincible repugnance to it. Abfolute and un ontroulable power in any man, or body of men, neceffarily implies abfolute flavery in those who are subject to it; even thould fuch a power not be carried into execution, yet let it be remembered, that the liberties of an Englishman are his rights, and that freedom confifts not in a mere exemption from oppreffion, but in a right to fuch exemption founded on law and the principles of the conftitution. But your Lordships cannot be ignorant that this claim has been exercised in such a manner as to give the colonists the utmost uneafinefs, and the most unexceptionable grounds of complaint. Duties for the exprefs purpose of raifing a revenue in America, have been impofed upon feveral articles imported directly from Great Britain, or the British colonies, and on foreign wines, an article which does not in the leaft interfere with the products of Great Britain, nor any of its colonies. The jurifdiction of the admiralty courts have been extended beyond its antient limits; the judges of those courts, invested invefted with new and unconftitutional powers; the fubjects in America, in many cafes, divefted of that invaluable privilege, a trial by jury, and a difcrimination highly injurious held up between us and our fellow fubjects in Great Britain. Acts have been paffed for the purpose of fufpending the legiflature of this colony from the exercife of its conftitutional powers, till it should comply with requifitions which it had before judged improper and laying an unreasonable restraint upon us with refpect to the emiffion of paper currency to be a legal tender within the colony. Officers employed in the adminiftration of juftice, have been rendered independent of the people with respect both to their salaries and the tenure of their commiffions, whereby they are forced from those checks to which, as fervants of the public, they ought to be subject, although the reprefentatives of the people have ever been ready, and now declare their willingness to make fuitable provifion for their fupport. New, and unconftitutional acts have been paffed, and conftructions made of an old one, by which the American fubject is directed to be tried for offences, either real or fuppofed, not in the place were the fact was committed, where his witneffes refide, and their characters are know, but in a frange country, where his witneffes may not attend, and where their credibility cannot be afcertained. We are extremely unhappy that occafion has been given us to add to the catalogue of our grievances, the laws enacted in the last feffion of the late Parliament, for fhutting up the port of Bofton, for altering the government of the Maffachufets Bay, and for the impartial administration of juftice, in certain cafes, in that province, Although it is not our intention to enter into a juftification of the measures which occafioned thofe acts, or to intimate an approbation of the mode purfued for redreffing the grievances of which they have been productive, yet we cannot help viewing them as forming precedents of fo dangerous a nature, as muft render the privileges, the property, and even the lives of all his Majefty's American fubjects precarious and infecure. By other acts of the fame feffion, the bounds of the province of Quebeck are confideraby extended; the Roman Catholic religion may be conftrued to be established throughout that province; and fuch regulations are enacted refpecting its trade, as not only hold up a discrimination between the continental, continental, and other colonies, injurious to the former, but in the establishment of the port of entry, cannot fail totally to deprive this colony of an extenfive and important commerce, which it formerly carried on with the native Indian inhabitants of that vaft track of country, now included within the bounds of that government. These are the principal grievances under which our conftituents at prefent labour; but though we conceive it our duty thus fully to lay them before your Lordships, we beg leave to affure you, that we shall always chearfully fubmit to the conftitutional exercise of the fupreme regulating power lodged in the King, Lords and Commons of Great Britain, and to all acts calculated for the general weal of the empire, and the due regulation of the trade and commerce thereof. We conceive this power includes a right to lay duties upon all articles imported directly into the colonies from any foreign country or plantation which may interfere with products and manufactures of Great Britain, or any other part of his Majefty's dominions; but that is effential to freedom, and the undoubted rights of our constitutents, that no taxes be impofed on them but with their consent given perfonally, or by their lawful representatives. Whilft, therefore, we entertain fuch difpofitions of obedience to the lawful powers of government, of allegiance to our most gracious Sovereign, and attachment to the parent country; we humbly hope that your Lordships will aid and concur in redreffing our grievances, removing all caufes of diffention with Great Britain, and establishing our rights and privileges upon a folid and lafting foundation. And your memorialists shall ever pray. By order of the general affembly, Affembly-chamber, city of New-York, 25th day of May 19. Duke of The Duke of Richmond ftated to the Houfe, with great Richmond. clearness, that a ftrange and dangerous mistake had been made in an appeal, in the cafe of Sir Thomas Broughton, He faid, the caufe was firft tried in the court of Common Pleas, and the judgment there was very generally approved of in Westminster Hall. But upon an appeal to the King's Bench, Bench, fome new light had struck the noble Lord who préfided there, in confequence of which the judgment was reversed. From this reverfal there was an appeal to that House. The opinions of the Exchequer Bench being taken, the Chief Baron only was for the judgment of the King's Bench, the reft against it. There were nine Lords in the House, on hearing the repeal. Of these the Lord Chancellor and Lord Camden spoke for reverfing the judgment, and the Bishop of Ely with the Lords Northington and Sandys, were of the fame opinion; fo that there were five to four for reverfing the judgment of the King's Bench; and yet by fome unaccountable mistake the Chancellor declared it was affirmed. His Grace after ftating this accident to the Houfe, with great candour and modefty, fubmitted the confideration of the remedy to their Lordships. The Lord Chancellor acknowledged the facts as his Grace Lord Chane had stated them, he lamented the mistake, but exculpated cellor. himself, by infifting that it was no more his bufinefs than that of any other Lord to call for a divifion. He faid, whatever the world might think, it would have been an excefs of idiotifm in him, to decide against his own opinion, if he knew the majority was with him. The Earl Gower lamented the tranfaction in terms of Earl Gowers great propriety, but conceived a remedy impracticable, as the particular cafe could not be re-confidered. The Duke of Chandois informed their Lordships, that Duke of he moved to affirm the judgment. He faid, he was en- Chandois couraged to give an opinion in the cause, from Lord Camden's having declared, that it was a question on which the lay Lords were very competent to decide. He felt no wish to have carried the question by indirect means, but lamented what had happened, and the more fo that he rembered an inftance in which the decifion was against the judgment of other Lords and of himself, tho' they were witheld by diffidence from infifting on their opinions. For the future, he faid, he was determined no fuch thing fhould happen. The Lord Camden, re-ftated the argument he delivered Lord Came when the point was agitated. He faid, that having declar- des. ed his opinion in his place, it was lefs incumbent on him to call for a divifion, which was feldom or never his practice, as it might wear the appearance of party, which ought never to interfere in judicial queftions. Tho' he felt and lamented the hardship of the particular cafe, yet he profeffed his incapacity to fuggeft a remedy on the fudden; but thought it worthy the attention of every Lord to turn it in VOL. II, Y his his mind; that right, if poffible, might be done in the particular cafe, and fome regulation adopted to prevent the poffibility of fuch an accident for the future. Lord Manf- The Lord Mansfield now interpofed, with that dictatorial field. authority, which the ufual infalibility of his opinion, his weight with the Houfe, and the favour of the King fo justly infpire. He told them it was of infinite importance, that they fhould hold out to the public, clearness of decifion, that the moment the word affirm came from the wool-fack, it was incumbent on every Lord to maintain the decision, for the honour of the Houfe, and the quiet of the public; that even the Lords who differed in opinion, were bound, from that moment, to bury and forget their opinions in favour of the general authority. He reprobated the very idea of rehearing caufes; and faid, upon memory, that, in the cafe of one Fitzgerald, during the Queen's time, fuch an attempt had been made, by Lord Harcourt, whofe mind was uneafy under a determination in which he had acquiefced. But the propofition was over-ruled by a majority after full debate, in which Lord Bathurst, the prefent Chancellor's father, took a great lead. He thought the prefent cafe was not likely to be fo bad as it feemed, for he had happened to talk privately and confidentially with one of the Lords who was fuppofed to be against the judgment as it now food, and had altered his opinion in twenty-four hours after the determination. He concluded with impofing filence on the fubject. Earl of The Lord Wycombe [Earl of Shelburne] agreed with the Shelburne. noble Lord who spoke laft, in the tranfcendent importance of maintaining the reputation, weight, and consequently the authority of the House, as the fupreme court of judicature. He faid, religion and law were the two great pillars of fociety. That he was forry to fee the former lofing daily much of its influence, that a fubtle metaphyfical fpirit of refinement had crept in, and made writers, countenanced, he feared, by men in high station, ufe the words religion and prejudice as fynonimous. With regard to the law, what had fallen from many Lords, was exceedingly alarming. One erroneous judgment ftated by a noble Duke, and acknowledged by the Houfe; another referred to by his Grace of Chandois; the fluctuation of judgment by private conference, to which Lord Mansfield had alluded; muft hold out an alarming and uncomfortable picture to the Public. For thirty years Lord Hardwicke prefided at the head of the law, without a doubt arifing of the wisdom and inte |