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The truth, however, is, that the King is restrained from opening the port of Bofton until it fhall fufficiently appear to his Majefty that full fatisfaction hath been made by or on behalf of the faid town of Boston, to the United Company of Merchants of England trading to the Eaft Indies, for the damage fuftained by the faid Company, by the deftruction of their goods fent to the faid town of Boston, on board certain fhips or veffels as aforefaid; and until it shall be certified to his Majefty in Council by the Governor or Lieutenant-Governor of the faid province, that reafonable fatisfaction hath been made to the officers of his Majefty's revenue and OTHERS who fuffered by the riots, &c.'

But though his Majefty is permitted, after full fatisfaction made to the Eaft India Company and all others wherever dispersed, who have fuffered by riots, &c. to restore the port of Bofton, ftill he is not required then to do it; on the contrary, it must remain in the option of his Majefty, his heirs, &c. after all the conditions of the Áct are fulfilled, whether it fhall ever again be lawful to lade or unlade any merchandice there--and even if it fhould at any time be refolved to restore the port to its former privileges, it may be done not generally but partially; the King being authorized to select fuch places, quays and wharfs, as he fhall judge neceffary and expedient,' and to exclude all others from the privilege of lading or unlading any goods or merchandice, and thereby enabled to deprive many inhabitants of Bofton of the ufe of their private property for ever; and this without any process of law, trial, or con

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These facts will be fufficient to convict our Author of one offence against truth. Another we shall felect from the 50th page of his Letter; where, in defending the late alterations of the Charter of Maffachufet's Bay, he fays, By the old conftitution of Boston, the members of the grand jury were elected to ferve for life, and the petty juries were elected to ferve for a year. By the late Act they are put in both refpects nearly, if not altogether on the fame footing as in England. And this alteration, which is, in reality, the giving them a greater degree of liberty than they ever before enjoyed, is complained of as being in the highest degree arbitrary and tyrannical.'

But had our Author been in the least acquainted with the fubject under confideration, and in the fmallest degree folicitous for truth, he certainly would never have delivered an affertion which is in every refpect fo falfe. For the grand juries were not chofen for life (nor had they falaries, as a noble lord is faid to have informed the late House of Commons) but they were annually elected by the freemen of the feveral towns in each county, who are much more likely to make an honeft independent choice than any fingle officer of the crown whatever; nor can the truft perhaps be any where more fafely repofed; fince it is impoffible to believe (except in times of great and general difcontent) that the inhabitants of different towns meeting feparately, and each electing their allotted number of grand jurors, will ever combine together fo as to pack a jury for unjul purposes; much more likely is this to happen, when the whole appointment belongs to a fingle de

pendant

pendant officer of government.-And with respect to petit jurors, they neither were chofen for a year, nor was there any reasonable pretence to alter their mode of appointment, which was certainly the most unexceptionable that human wifdom ever devifed. For by the Provincial Act of the 23d Geo. II. the feveral towns are required to take lifts of all perfons qualified and liable by law to ferve as jurors, and forming them into two feparate claffes, put their names written on feparate papers into two different boxes, one for the fuperior court, and the other for the inferior; and when veniris are iffued, the numbers required are to be drawn out in open town meeting by the town-clerk; the boxes being never permitted to be opened at any other time; and no perfon, being allowed to ferve oftener than once in three years."

But instead of this impartial mode of proceeding, the appointment of juries is now given to an officer called indeed a herif, but very unlike a sheriff of England-a needy dependant, ferving the office for gain, and liable to be difmiffed by the governor at pleafure. Under juries thus formed, and judges who are appointed and paid by the King or his governor, and who hold their office during pleasure (a ftate of dependance which was thought incom patible with the execution of justice here, and from which the judges of England were long fince removed) what inhabitant of Malachufet's Bay can think his life or property fecure?

Thefe infances, we prefume, will be fufficient to convince our Readers, that little credit is due either to the affertions or conclu fions contained in the Letter before us.

Art. 24. Confiderations on the Meafures carrying on with respect to the British Colonies in North America. 2d Edition. 8vo. z 9.

Baldwin, &c. 1775.

B...t.

The firft edition of thefe Confiderations (which we may venture Mathew to afcribe to Mr. M. R-b-n) was haftily printed in the country Robinson while the late bills refpecting the province of Maffachufets Bay were depending in parliament, and there were in it (befides many, errors of the prefs) confiderable omiffions which are fupplied in the prefent edition, by the Author; who has alfo added a large appendix relating to the events and alterations of affairs which have hap pened fince the first impreffion. And the work, in its prefent ftate, deferves to be generally read; fince, (notwithstanding a certain peculiarity of ftyle) it confifts of the most pertinent and folid arguments, expofing, in the moft convincing manner, the apparent imprudence and danger of the measures which have been for fome time adopted and pursued, refpecting the Colonies. B....t. Art. 25. The Prefent Crisis with respect to America confidered. 8vo. I S. Becket. 1775.

The writer of this performance zealously oppofes the claims of the Colonies, beginning with that propofition which has been lo often employed, that a fupreme unlimited authority muft exift fomewhere in every ftate; from which he proceeds with the ufual fallacious chain of deductions.-But he no fooner arrives at the fubftantial objection urged by Mr. Locke and many others, that taxes are free gifts of the people, than he finds it neceffary to quic

See Review for May 1774, P 381. REV. Feb. 1775.

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1.

the common path of argument which has been lately trodden by the advocates of government, and to recur to a doctrine of the most treafonable nature (if pofitions fubversive of our happy conftitution may be confidered as treafon); a doctrine maintained along with that of paffive obedience and non-refiftance, in the reign of Charles the First, an adherence to which was the principal cause of that prince's unhappy end.

The doctrine which we here, from motives of duty reprobate, and which we charitably hope the Author has propagated rather from ignorance than a traitorous defign, is delivered as follows:

Neceffity is the governing power, and taxes must be levied in confequence, and if the Commons were to refufe thofe grants, the Crown, which is the fovereign and executive part of government, bound to maintain the fafety of the state, would be juftified by law and equity, in raifing them, for the fupport and defence of the community. The state is not to be facrificed to the capricioufnefs of a majority of men, who may be blinded by prejudice, and actuated by revenge. It appears, that the conftitution, though it doth not exprefsly declare, has left that power, in cafes of necefity, in the executive part of government. The King poffeffès the right to declare war against a foreign power, if his dominions are invaded, or are in danger, even though it might be contrary to the inclinations of the Commons; should they refufe fubfidies, is he not warranted to levy them? otherwife of what confequence is the right it would be nugatory and void. It would be a contradiction in terms, and make the conftitution, inftead of being founded on truth and principle, a jargon of inconfiftencies: therefore the idea of taxes be ing free gifts, is erroneous and contradictory to the nature of their inflitution they are the means by which a kingdom is fupported, and are interwoven with its exiftence. This is tracing taxes to the original-their foundation, is in the neceffity of the ftate; their end, its prefervation.'

Little did we expect that in this age any writer would have ventured to maintain a right in the crown to tax the people of England without confent of parliament, under that dangerous and exploded pretence of fate neceffity, the plea of every tyrant. A fuppofed neceffity (fays Lord Clarendon, in fpeaking of the government of Charles 1.) was then thought ground enough to create a power, and a bare averment of that neceflity to beget a practice to impofe what tax they thought convenient upon the fubject, by writs of pip-money never before known; and a fuppofed neceffity now, and a bare averment of that neceffity is as confidently and more fatally concluded a good ground to exclude the crown from the ufe of any power, by an ordinance never before heard of.' And here his lordship remarks, that a man fhall not unprofitably spend his contemplation, who upon this occafion confiders the method of God's juftice (a method terribly remarkable in many passages and upon many perfons) that the fame principles, and the fame appli cation of thofe principles, fhould be used to the wrefting all fovereign power from the crown, which the crown had a little before

Some days after this Article was fent to the prefs, The Prefent Crifis underwent the just cenfure of an HIGHER TRIBUNAL.

made

made ufe of for the extending its authority and power beyond its bounds to the prejudice of the juft rights of the fubject.'-Confidering therefore the dangerous and equivocal application of the pretence of ftate neceffity, we believe no good man would wish to fee it adopted as the ruling principle of government; and we prefume that few people will be convinced of the juftice of taxing the Colonies in the British parliament by a writer, whofe principal argument for that practice, confits in afferting that the people of England may be justly taxed without the confent of any parliament. B...t Art. 26. Plan offered by the Earl of Chatham to the House of

Lords, entitled, "A Provifional Act for fettling the Troubles in America, and for afferting the fupreme Legislative Authority · of Great Britain, &c." Which was rejected and not fuffered to lie on the Table. 4to. 1 s. Almon.

After maturely confidering this Plan we cannot but regret that it was totally rejected; as, with no inconfiderable knowledge of the temper and views of the Colonies; we are convinced that by a few flight alterations it might have been rendered acceptable to the people of America, and that the general fuperintending authority of parliament afferted and maintained by it, would have fufficiently answered all the good ends of government, and have preferved, through a long series of years, that happy union which has been fo beneficial as well to the parent ftate as to her American off fpring. And we ftill hope that a time may arrive when the fame benevolent endeavour which has now failed will be fuccefsfully renewed, and become an important addition to the services which its Author has before rendered his country, as well as a lafting monument of the error of thofe men, who from an imaginary impracticability in reconciling the claims of Great Britain and the Colonies, are now endeavouring to promote their feparation. Art. 27. The Speech of the Right Honourable the Earl of Chatham in the House of Lords, on Friday the 20th of January, 1775. 4to. 1 s. Kearly.

B...v.

B... t.

This fpeech having been difclaimed by the great ftatesman to whom it has been, with equal falfehood and prefumption, attributed, any criticism from us would be inexpedient. Art. 28. The American Querit; or, fome Queftions propofed relative to the prefent Difputes between Great Britain and her American Colonies. By a North-American. 8vo. 6d. New York, Rivington. London, Richardfon and Urquhart.

We are told as a recommendation of this pamphlet, that on the the 8th day of September laft, it was in full conclave of the Sons of Liberty in New York, committed to the flames by the hands of their common executioner; as it contains fome queries they cannot, and others they will not anfwer.'

On examination it appears, that most of the objections which have been urged against the claims of the people of America, are, reduced to the form of, and comprehended in one hundred que ries; with this circumftance, that by the latter part of the number,, religion which has been fo often perverted to the worft purposes, is introduced to favour passive obedience, & Thus the Querift afks:

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• Whether

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Whether the Supreme Governor of the world has given any difpenfation to the body of the people, under any government, to refufe honour, or custom, or tribute to whom they are due; to contract habits of thinking and fpeaking evil of dignities, and to weaken the natural principle of respect for thofe in authority?'

Whether, on the contrary, he does not command us to fubmit to every ordinance of man for the Lord's fake; and require us on pain of damnation to be duly fubject to the higher Powers, and not to refift their lawful authority?'

B...t

Few can be surprised at fuch questions from a clergyman of Dr.
C's known principles.
Art. 29. Some Candid Suggestions towards Accommodation of
Differences with America. Offered to Confideration of the Public.
8vo. 6d. Cadell. 1775.

The Author of thefe Suggeftions appears to be actuated by good
motives, and to have entertained fentiments partaking of modera-
tion and candour. He difcovers, however, a fingular averfion from
the particle the as will appear by the following extract which may
ferve as a fpecimen of the performance.

Reciprocal preferences of firft tender of reciprocal commodities, to be established cheaper, or more free of public burdens than to foreigners, fuch as would effectually operate for reciprocal firft friendly tender; and prevent neceflity of any restraints in commerce; and for the fame purpofe, effectually charge foreign goods with fuch duties, as to fecure preference to reciprocal goods of any of the family; Ireland included with Britain; with ftrong refolves, and fevere penalties against all fmuggling; thefe would materially contribute to lafting union and friendship, and beneficial to the fair trader. Public refolutions fhould be enacted by all, not to impofe taxes or regulations to affect each other, different from what affects themselves, at leaft to avoid it as much as poffible; nor what will materially hurt each other, though it affects themselves.

There fhould be no provincial laws incompatible with the Englifh; juries fhould operate univerfally, as in England-The King acknowledged by the Colonies as their fovereign, fhould name governors and council, and all fupreme judges, the laft to be for life; each province to pay to all of them fixed falaries, according to prefent abilities; to be varied at propofed periods, as proportions of burdens may be varied. All inferior magiftrates, as theriffs, juftices, &c. to be named as in Britain and Ireland; if any of the Colonies judge neceffary to levy forces for fea or land, for their own fecurity, against any enemies, natives or foreign, to be paid from common stock, as fafety of each is benefit of all. Reciprocal premiwms and encouragements for improvements for the general good, to be at refpective expence; but avoid as much as poffible fuch as may interfere with, or hurt each other, agreeable to foregoing rational, friendly maxims. Peculiar encouragements for improvements of articles, that may rescue any of the family from foreign dependence for neceffaries, or even luxuries; fuch as naval ftores, or neceffaries for the parent country, as rough materials for manufactures, as filk, cotton, flax, hemp, dyes, iron, &c. and especially wool from a brood of Spanish sheep, if it will do in America, now threat

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