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The following Protest was thereupon entered:
Dissentient,
1st. The previous question was moved, not to prevent the proceeding in the Address communicated at the conference with the Commons, but in order to present the Petition of the North American Merchants, and of the West India Merchants and Planters, which Petitions the House might reject, if frivolous, or postpone, if not urgent, as it might seem fit to their wisdom; but to hurry on the business to which these Petitions so materially and directly related, the express prayer of which was, that they might be heard before "any resolution may be taken by this right honourable House respecting America;" to refuse so much as to suffer them to be presented, is a proceeding of the most unwarrantable nature, and directly subversive of the most sacred rights of the subject: it is the more particularly exceptionable, as a Lord in his place, at the express desire of the West India Merchants, informed the House, that, if necessitated so to do, they were ready, without Counsel or farther preparation, instantly to offer evidence to prove that several Islands of the West Indies could not be able to subsist, after the operation of the proposed Address in America. Justice, with regard to individuals, policy with regard to the publick, and decorum with regard to ourselves, required that we should admit this Petition to be presented. By refusing it, justice is denied.
2dly. Because the Papers laid upon our table by Ministers, are so manifestly defective, and so avowedly curtailed, that we can derive from them nothing like information of the true state of the object on which we are going to act, or of the consequences of the resolutions which we may take. We ought (as we conceive) with gladness to have accepted that information from the Merchants, which, if it had not been voluntarily offered, it was our duty to seek. There is no information concerning the state of our
Colonies, (taken in any point of view,) which the Merchants are not far more competent to give than Governours or Officers, who often know far less of the temper and disposition of the people, or may be more disposed to misrepresent it than the Merchants. Of this we have a full and melancholy experience in the mistaken ideas on which the fatal Acts of the last Parliament were formed.
3dly. Because we are of opinion, that in entering into a war in which mischief and inconvenience are great and certain, (but the utmost extent of which it is impossible to foresee,) true policy requires that those who are most likely to be immediately affected, should be thoroughly satisfied
We protest, therefore, against the refusal to suffer such Petitions to be presented, and we thus clear ourselves to our country of the disgrace and mischief which must attend this unconstitutional, indecent, and improvident proceeding.
RICHMOND,
Then the main question was put, "Whether to agree with the Commons in the said Address, by inserting the words ' Lords Spiritual and Temporal, and?' "
It was resolved in the Affirmative.
Dissentient,
1st. Because the violent matter of this dangerous Address was highly aggravated by the violent manner in which it was precipitately hurried through the House; Lords were not allowed the interposition of a moment' s time or deliberation before they were driven headlong into a declaration of civil war. A conference was held with the Commons; an Address of this importance presented; all extraneous information, although offered, positively refused; all Petitions arbitrarily rejected; and the whole of this most awful business received, debated, and concluded, in a single day.
2dly. Because no legal grounds were laid in argument or in fact to show that a rebellion, properly so called did exist in Massachusetts Bay, when the papers of the latest date, and from whence alone we derive our information, were written. The overt acts to which the species of treason, affirmed in the Address, ought to be applied, were not established, nor any offenders marked out. But a general mass of the acts of turbulence, said to be done at various times and places, and of various natures, were all thrown together to make out one general constructive treason. Neither was there any sort of proof of the continuance of any unlawful force from whence we could infer that a rebellion does now exist. And we are the more cautious of pronouncing any part of his Majesty' s Dominions to be in actual rebellion, because the cases of constructive treason, under that branch of the 25th of Edward the Third, which describes the crime of rebellion, have been already so far extended by the Judges, and the distinctions thereupon so nice and subtle, that no prudent man ought to declare any single person in that situation, without the clearest evidence of unconvertible overt acts, to warrant such a declaration. Much less ought so high an authority as both Houses of Parliament, to denounce so severe a judgment against a considerable part of his Majesty' s subjects by which his forces may think themselves justified in commencing a war, without any further order or commission.
3dly. Because we think that several Acts of the last Parliament and several late proceedings of Administration, with regard to the Colonies, are real grievances, and just causes of complaint; and we cannot, in honour or in conscience consent to an Address which commends the temper by which proceedings so very intemperate have been carried on; nor can we persuade ourselves to authorize violent courses against persons in the Colonies, who have resisted authority, without at the same time redressing the grievances which have given but too much provocation for their behaviour.
4thly. Because we think the loose and general assurances given by the Address, of future redress of grievances, in case of submission, is far from satisfactory, or at all likely to produce their end; whilst the Acts complained of continue unrepealed, or unamended; and their authors remain in authority here, because these advisers of all the measures
Lastly. Because the means of enforcing the authority of the British Legislature, is confined to persons of whose capacity, for that purpose, from abundant experience, we have reason to doubt; and who having hitherto used no effectual means of conciliating or of reducing those who oppose that authority; this appears in the constant failure of all their projects, the insufficiency of all their information, and the disappointment of all the hopes, which they have for several years held out to the publick. Parliament has never refused any of their proposals, and yet our affairs have proceeded daily from bad to worse, until we have been brought, step by step, to that state of confusion, and even civil violence, which was the natural result of these desperate measures.
We therefore protest against an Address amounting to a declaration of war, which is founded on no proper Parliamentary information; which was introduced by refusing to suffer the presentation of Petitions against it, (although it be the undoubted right of the subject to present the same,) which followed the rejection of every mode of conciliation; which holds out no substantial offer of redress of grievances; and which promises support to those Ministers who have inflamed America, and grossly misconducted the affairs of Great Britain.
RICHMOND,
Ordered, That the words "Lords Spiritual and Temporal, and" be inserted in the said Address.
Ordered, That the said Agreement be communicated to the Commons at a Conference.
Ordered, That the said Address be presented to his Majesty by the Whole House.
Ordered, That the Lords with White Staves do wait on his Majesty, humbly to know what time his Majesty would please to appoint to be attended with the said Address.
A Message was ordered to be sent to the House of Commons, by Mr˙ Browning and Mr˙ Leeds:
"To desire a Conference with that House this day, at three o' clock in the afternoon, in the Painted Chamber, upon the subject matter of the last Conference."
Ordered, That the Managers of the last Conference be the Managers of this.
Protest
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of the deliberation with which it was undertaken; and we apprehend that the Planters, Merchants, and Manufacturers, will not bear their losses and burthens, brought on them by the proposed civil war, the better, for our refusing so much as to hear them previous to our engaging in that war; nor will our precipitation in resolving, add much to the success in executing any plan that may be pursued.
CAMDEN,
TORRINGTON,
ARCHER,
STANHOPE,
CHOLMONDELEY,
ROCKINGHAM,
WYCOMBE,
CRAVEN,
COURTENAY,
ABINGDON,
EFFINGHAM,
PONSONBY,
FlTZWILLIAM,
SCARBOROUGH,
ABERGAVENNY,
PORTLAND,
TANKERVILLE.
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which have brought on the calamities of this Empire, will not be trusted while they defend, as just, necessary, and even indulgent, all the Acts complained of as grievances, by the Americans; and must, therefore, on their own principles, be bound in future to govern the Colonies in the manner which has already produced such fatal effects; and we fear that the refusal of this House, so much as to receive previous to determination (which is the most offensive mode of rejection) Petitions from the unoffending natives of Great Britain and the West India Islands, affords us but a very discouraging prospect of our obtaining hereafter any petitions at all, from those whom we have declared actors in rebellion, or abetters of that crime.
CRAVEN,
ARCHER,
ABERGAVENNY,
ROCKINGHAM,
WYCOMBE,
COURTENAY,
TORRINGTON,
PONSONBY,
CHOLMONDELEY,
ABINGDON,
PORTLAND,
CAMDEN,
EFFINGHAM,
STANHOPE,
SCARBOROUGH,
FlTZWILLIAM,
TANKERVILLE.