FREE BOOKS

Author's List




PREV.   NEXT  
|<   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223  
224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   >>   >|  
of a double power in parliament. He remarked:--"The parliament of Great Britain sits at the head of her extensive empire in two capacities--one as the local legislature of this island, with the executive power as her instrument of action; the other and nobler capacity is what I call her imperial character, by which she guides and controls all the inferior and provincial legislatures." In this, he maintained, her power was boundless; and having entered at large on its utility, and the manner in which it had been exercised, he thus concluded:--"It is agreed that a revenue is not to be had from America: if, then, we lose the profit, let us at least get rid of the odium." No arguments, however powerful, were of avail--the motion was negatived. A third measure of restriction introduced into the commons by ministers was "A Bill for the impartial Administration of Justice in the Cases of Persons questioned for any Acts done by them in the Execution of the Laws, as for the Suppression of Riots and Tumults in the Province of Massachusets Bay, in New England." By this bill the governor, if he found that a person indicted for murder, or any other capital offence, incurred in suppressing such tumults, was not likely to obtain an impartial trial, might send the person so indicted to another colony or to Great Britain, to be fairly tried there. This bill was to be limited to four years, and in support of it Lord North argued, that it was absolutely necessary to give effect to the other coercive measures; that it was in vain to appoint a magistracy that would act if none could be found bold enough to act with them and execute their orders; that these orders would probably be resisted by force; and this force would necessitate force on the side of government, and probably occasion the shedding of blood. He asked, what officers would risk this event if the rioters themselves, or their abettors, were afterwards to sit as their judges? And he alleged, that a precedent was to be found in our own laws, in the case of smuggling, it being customary to remove the trial of smugglers to another county: the Scotch rebels were also, he said, in 1745, tried in England. North next urged, that particular privileges ought to give way on some occasions, and that when the public safety of our own country was endangered even the _Habeas Corpus_ had been suspended. The bill, he remarked, was not meant to screen guilt, but to protect innocence. The Ameri
PREV.   NEXT  
|<   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223  
224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   >>   >|  



Top keywords:

remarked

 

impartial

 
orders
 

indicted

 

person

 
England
 

Britain

 

parliament

 

execute

 

argued


fairly

 

colony

 
effect
 

necessitate

 
government
 
resisted
 
appoint
 

support

 

limited

 

measures


coercive

 

absolutely

 
magistracy
 

judges

 

occasions

 

public

 
privileges
 

safety

 

country

 

screen


protect

 

innocence

 

suspended

 

endangered

 

Habeas

 

Corpus

 

rebels

 
rioters
 

abettors

 

shedding


officers

 

alleged

 
smugglers
 
remove
 

county

 

Scotch

 

customary

 
precedent
 

smuggling

 

occasion