pra&ice can tend to nothing but to make them dependent on the Crown, and contemptible in the eyes of the people. Next to fuch a legislative Council, confifting of Proteftants only, a general Affembly of the people, confifting of Proteftants and Papifts indifcriminately, feems the moft proper legislature for the province. And to the establishment of fuch an Affembly but few objections can now be made; fince the English fettlers in the province, on the one hand, have declared that they are willing to acquiefce in the eftablishment of fuch an Affembly; and the King and Parliament, on the other hand, (by paffing the Quebeck-A&t, and permitting Roman-Catholicks to hold all forts of offices, feats in the legislative council of the province, judicial offices, and even military commiffions,) have declared that they confider the old opinion, "that Roman Catholicks were not fit perfons to be invefted with authority under the British Government," as ill-grounded with respect to the province of Quebeck. For certainly, if there is any hardship in excluding Papifts from holding places of truft and profit in the province, there is a ftill greater hardship in excluding them from being chofen members of an Affembly of the province.

FIFTHLY. To repeal the Bofton-charter Act; and to pass a refolution in both Houfes of Parliament, that for the future, no charter of any American colony fhall be takenaway, or altered in any point, by the British Parliament, without, either on the one hand, a Petition for that purpose, to the two Houfes of Parliament, or to the King's Majefty, from the Affembly of fuch colony, whofe charter is proposed to be either taken away or altered, or, on the other hand, a fuit at law, by a writ of Scire facias, to repeal the said charter, regularly carried-on in the Court of Chancery in England, upon a charge of fome abufe of the powers of the said charter, by the people of fuch colony, or of fome other mifdemeanour committed by them, which may

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be a legal ground of forfeiture of the fame, and a judgement of forfeiture pronounced in confequence of fuch fuit. after a full hearing of the fame, and also a re-hearing in Parliament of the charges in the faid fuit, and of the proofs brought in fupport of them, and of the arguments which may be alledged both for and against the faid colonies by Counfel, and an approbation and confirmation of fuch judgement of forfeiture by both Houfes of Parliament in confequence of the said re-hearing of the whole matter.

Such a refolution of the two Houfes of Parliament would give the Americans a strong moral affurance that the privileges granted them by their charters would not be lightly and wantonly altered for the future upon the hafty sugges tions of men little acquainted with their history and condition, and whofe notions of Government are very different from their own.

SIXTHLY.-To repeal the trial-act, for trying Officers or Soldiers, who fhall be indicted for murder in the Maffachufet's bay, in others of the American provinces, or in England. This Act, I am perfuaded, was intended only for the purposes of juftice, and to procure a fair trial to the officers and foldiers who fhould happen to be indicted for actions done by them in the courfe of their duty as affiftants to the civil magiftrate in the execution of the laws, and not to fcreen them from punifhment when they were really guilty of murder, or had occafioned the death of his Majesty's subjects in that province without fuch juft and lawful caufe. And I am further perfuaded that, in fact, it would not fcreen them from punishment, when the charge was fupported by proper teftimony; but that the Juries that fhould try thefe indictments, whether in England or in America, would readily convict fuch officers and foldiers of murder, if they were really guilty of it, and proved to be fo by fufficient evidence. But the diffi

culty

culty of procuring the witnesses to the facts to come across the Atlantick ocean to give evidence concerning them, is fo great that it may almost be confidered as unfurmountable; and confequently this method of trying thofe offences may be reckoned to be impracticable, notwithstanding the Spirit of justice and impartiality by which the Juries would probably be governed. And for this reafon the A&t ought to be repealed. However, as this Act is only a temporary one, and will expire of itself in two years, it is a matter of much lefs confequence than the Quebeck Act and the A&t for altering the charter of the Maffachufet's bay. Those are the Acts which have brought-on this civil war, and which, I apprehend, must be totally repealed before peace can be restored.

SEVENTHLY.-To pafs a refolution of both Houses of Parliament, that, for the future, no tax or duty of any kind fhall be impofed by authority of the Parliament of Great-Britain, upon his Majesty's fubjects refiding in those provinces of North-America, in which affemblies of the people are established, until the faid provinces fhall have been permitted to fend reprefentatives to the British Parliament: excepting only fuch taxes or duties upon goods exported out of, and imported into, the faid provinces as shall be thought neceffary for the regulation of the trade of the said provinces; and that, when such taxes, or duties, fhall be laid by the British Parliament on any of the faid provinces, the whole amount of the fame shall be difpofed-of by the Affemblies of the provinces in which they fhall be collected, respectively.

EIGHTHLY.-That all the quit-rents, and other royal dues, collected in the provinces of America, fhall be appropriated to the maintenance of the civil governments in the fame, and fhall be employed in the payment of the falaries of the Governors, and Judges, and Sheriffs, or

Provost

Provoft-Marfhalls, and Coroners, and other offices of Juftice in the fame, so as to leffen the taxes which it may be neceffary for the Governors, Councils, and Affemblies of the faid provinces to lay on the inhabitants of the fame for the faid purpose: and that a separate receiver and collector of the faid quit-rents and other royal dues, be appointed by the several Governors of the faid provinces refpectively in every separate province, who fhall hold his faid office during the pleasure of the Governor of the province to which he shall belong, and his refidence in the faid province, and no longer, and who fhall receive and enjoy fuch falary, or fees, or other emoluments, during his continuance in his faid office, as fhall be allowed by an Act of the Governor, Council, and Affembly of the faid province. But the portions of the faid quit-rents that shall be affigned to the Governor, and Judges, and other officers of civil government in the faid provinces refpectively, fhall be fuch as his Majefty, in his royal wifdom, fhall think fit to appoint.

Alfo it fhould be provided that no Governor, Judge, or other officer of the civil government of any fuch province, fhould receive any part of the falaries arifing from those quit-rents, or other royal dues, during the time of his abfence from the faid province, or after his return to the province, in confideration of his having held the faid office during fuch abfence; but that fo much of his faid falary, arifing from the faid quit-rents and other royal dues, as would have accrued to him in the said space of time, if he had refided during the fame in the faid province, fhall be deemed to be forfeited by his faid abfence, and fhall make a part of the publick treasure of the province, and be difpofed-of by the joint Act of the Governor, Council, and Affembly of the faid province.

The amount of thefe quit-rents and other royal dues in America

America should be made good to his Majesty out of the finking-fund.

NINTHLY.-The offices of Secretary of the province, clerk of the Council, Regifter of deeds and patents, or clerk of the inrolments of deeds and patents, Provoft-marshal, or fheriff, Commiffary of ftores, Receiver-general of the king's revenue, Coroners, clerks, or registers, of the courts of justice, Naval officer, Collector of the customs, Comptroller of the cuftoms, in every province, fhould be given to perfons refident in the province, to be executed by themselves, without a power of making deputies; and the fees to be taken by them fhould be fettled by Acts of the Governour, Council, and affembly of the faid province, in which they are holden; and they should be holden during the pleasure of the Governour, or of the King, as his Majefty, in his royal wifdom, fhall think fit, but should never be given by patents under the great feal of Great-Britain, to be holden during the lives of the patentees; and they should be holden by feparate officers, fo that no two of them fhould be holden by the fame perfon.

The prefent patentees of any of thefe offices fhould have compenfations made to them for the lofs of their patents by penfions for their lives payable out of the finking-fund.

TENTHLY. In the governments called Royal Governments, (which are carried-on by virtue of the King's commiffions only, without charters,) the Councils of the faid provinces should be made more numerous than they now are, and the members of them should be appointed for life. They now ufually confift of twelve members, all of whom may be removed at the pleasure of the crown, and fufpended from the execution of their offices of counsellors, by the Governours of the province, till the pleasure of the Crown can be known. This renders them of little weight and confequence in the eyes of the people, and confequently of little advantage to the Governour in fupporting Majefty's authority, and preferving the peace of the