AN AUTHENTIC COPY OF LORD CHATHAM'S PROPOSED BILL, ENTITLED, A PROVISIONAL ACT, &c.

WHEREAS by an act 6th Geo. III. it is declared, that Parliament has full power and authority to make laws and statutes to bind the people of the colonies, in all cases whatsoever. And whereas reiterated complaints, and most dangerous disorders have grown, touch­ing the right of taxation claimed and exercised over America, to the distur­bance of peace and good order there, [Page 6] and to the actual interruption of the due intercourse from Great-Britain and Ireland to the colonies, deeply affecting the navigation, trade, and manufactures of this kingdom, and of Ireland, and announcing farther an interruption of all exports from the said colonies to Great-Britain, Ireland, and the British islands in America: Now, for preven­tion of these ruinous mischiefs, and in order to an equitable, honourable, and lasting settlement of claims not suffi­ciently ascertained and circumscribed, May it please your most excellent ma­jesty that it may be declared, and be it declared, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and tem­poral and commons in this present par­liament assembled, and by the authority of the same, that the colonies of Ame­rica have been, are, and of right ought to be, dependent upon the imperial crown of Great-Britain, and subordinate unto the British parliament, and that the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and com­mons [Page 7] in parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the people of the British colo­nies in America, in all matters touching the general weal of the whole domi­nion of the imperial crown of Great-Britain, and beyond the competency of the local representative of a distinct co­lony; and most especially an indubi­table and indispensable right to make and ordain laws for regulating naviga­tion and trade throughout the compli­cated system of British commerce; the deep policy of such prudent acts up­holding the guardian navy of the whole British empire; and that all subjects in the colonies are bound in duty and allegiance duly to recognize and obey (and they are hereby required so to do) the supreme legislative authority, and superintending power of the parlia­ment of Great-Britain, as aforesaid. And whereas, in a petition from Ame­rica to his majesty it has been repre­sented, that the keeping a standing army within any of the colonies, in [Page 8] time of peace, without consent of the respective provincial assembly there, is against law: Be it declared by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and com­mons in this present parliament assem­bled, that the declaration of right, at the ever glorious revolution, namely, 'That the raising and keeping a stand­ing army within the kingdom, in time of peace, unless it be by consent of par­liament, is against law,' having refe­rence only to the consent of the parlia­ment of Great-Britain, the legal, con­stitutional, and hitherto unquestioned prerogative of the crown to send any part of such army, so lawfully kept, to any of the British dominions and possessions, whether in America or else­where, as his majesty, in the due care of his subjects, may judge necessary for the security and protection of the same, cannot be rendered dependent upon the consent of a provincial assembly, in the colonies, without a most dangerous inno­vation and derogation from the dignity of the imperial crown of Great-Britain. [Page 9] Nevertheless, in order to quiet and dis­pel groundless jealousies and fears, be it hereby declared, That no military force, however raised, and kept accord­ing to law, can ever be lawfully em­ployed to violate and destroy the just rights of the people. Moreover, in order to remove, for ever, all causes of pernicious discord, and in due contem­plation of the vast increase of posses­sions and population in the colonies; and having at heart to render the con­dition of so great a body of industrious subjects there more and more happy, by the sacredness of property and of personal liberty, and of more extensive and lasting utility to the parent king­dom, by indissoluble ties of mutual af­fection, confidence, trade, and reci­procal benefits, Be it declared and en­acted, by the king's most excellent ma­jesty, by and with the advice and con­sent of the lords spiritual and temporal and commons in this present parlia­ment assembled, and it is hereby de­clared and enacted, by the authority of the same, That no tallage, tax, or other charge for his majesty's revenue, shall [Page 10] be commanded or levied from British freemen in America, without common consent, by act of provincial assembly there, duly convened for that purpose. And it is hereby further declared and enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and tem­poral and commons in this present par­liament assembled, and by the autho­rity of the same, That it shall and may be lawful for delegates from the re­spective provinces, lately assembled at Philadelphia, to meet in general con­gress at the said Philadelphia, on the 9th day of May next ensuing, in order then and there to take into considera­tion the making due recognition of the supreme legislative authority and super­intending power of parliament over the colonies, as aforesaid.—And moreover, may it please your most excellent ma­jesty, that the said delegates to be in congress assembled, in manner aforesaid, may be required, and the same are hereby required, by the king's majesty sitting in his parliament, to take into consideration (over and above the usual charge for support of civil government [Page 11] in the respective colonies) the making a free grant to the king, his heirs and successors, of a certain perpetual reve­nue, subject to the disposition of the British parliament, to be by them ap­propriated as they in their wisdom shall judge fit to the alleviation of the national debt: no doubt being had but this just, free aid, will be in such ho­nourable proportion as may seem meet and becoming from great and flourish­ing colonies towards a parent country, labouring under the heaviest burthens, which, in no inconsiderable part, have been willingly taken upon ourselves and posterity, for the defence, exten­sion, and prosperity of the colonies.— And to this great end be it farther here­by declared and enacted, that the gene­ral congress (to meet at Philadelphia as aforesaid) shall be, and is, hereby au­thorized and empowered (the delegates composing the same being first suffi­ciently furnished with powers from their respective provinces for this pur­pose) to adjust and fix the proportions and quotas of the several charges to be borne by each province respectively, to­wards [Page 12] the general contributory supply; and this, in such fair and equitable measure, as may best suit the abilities and due convenience of all: Provided always, That the powers for fixing the said quotas, hereby given to the dele­gates from the old provinces composing the congress, shall not extend to the new provinces of East and West Flo­rida, Georgia, Nova-Scotia, St. John's, and Canada; the circumstances and abilities of the said provinces being re­served for the wisdom of parliament in their due time: And in order to afford necessary time for mature deliberation in America, be it hereby declared, That the provisions for ascertaining and fixing the exercise of the right taxation in the colonies, as agreed and expressed by this present act, shall not be in force, or have any operation, until the delegates to be in congress assembled, sufficiently authorized and empowered, by their respective provinces, to this end, shall, as an indispensable condition, have duly recognized the supreme le­gislative authority, and superintending power of the parliament of Great-Britain [Page 13] over the colonies as aforesaid: Always understood, That the free grant of an aid, as heretofore required and expected from the colonies, is not to be considered as a condition of redress, but as a just testimony of their affection: And whereas divers acts of parliament have been humbly represented, in a pe­tition to his majesty from America, to have been found grievous, in whole or in part, to the subjects of the colonies, be it hereby declared by the king's most excellent majesty by and with the ad­vice and consent of the lords spiritual and temporal and commons in this pre­sent parliament assembled, and by the authority of the same, that the pow­ers of admiralty and vice-admiralty courts in America, shall be restrained within their ancient limits, and the trial by jury, in all civil cases, where the same may have been abolished, restored: And that no subject in America shall, in capital cases, be liable to be indicted and tried for the same, in any place out of the province, wherein such offence shall be alleged to have been commit­ted, nor be deprived of a trial by his [Page 14] peers of the vicinage; nor shall it be lawful to send persons indicted for mur­der, in any province of America, to an­other colony, or to Great-Britain, for trial: And be it hereby declared and enacted, by the authority aforesaid, That all and every the said acts, or so much thereof as are represented to have been found grievous, namely, the several acts of the 4th Geo. III. ch. 15 and ch. 34.—5th Geo. III. ch. 25.—6th Geo. III. ch. 52.—7th Geo. III. ch. 41 and ch. 46.—8th Geo. III. ch. 22.— 12th Geo. III. ch. 24.—with the three acts for stopping the port, and blocking up the harbour of Boston; for altering the charter and government of Massa­chusett's-Bay; and that entitled, An act for the better administration of jus­tice, &c. Also the act for regulating the government of Quebec, and the act passed in the same session relating to the quarters of soldiers, shall be, and are hereby SUSPENDED, and not to have effect or execution, from the date of this act: And be it moreover hereby declared and enacted, by the authority aforesaid, That all and every the before [Page 15] recited acts, or the parts thereof com­plained of, shall be, and are, in virtue of this present act, finally repealed and annulled, from the day that the new recognition of the supreme legislative authority, and superintending power of parliament over the colonies, shall have been made on the part of the said co­lonies.

And for the better securing due and impartial administration of justice in the colonies, be it declared and enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament as­sembled, That his majesty's judges in courts of law in the colonies of Ame­rica, to be appointed with salaries by the crown, shall hold their offices and salaries as his majesty's judges in England, quamdiu se bene gesserint. And it is hereby further declared, by the authority aforesaid, that the colonies in America are justly entitled to the pri­vileges, franchises, and immunities granted by their several charters or con­stitutions; and that the said charters [Page 16] or constitutions ought not to be inva­ded or resumed, unless for misuser, or some legal ground of forfeiture. So shall true reconcilement avert impend­ing calamities, and this most solemn national accord between Great-Britain and her colonies stand an everlasting monument of clemency and magnani­mity in the benignant father of his people, of wisdom and moderation in this great nation, famed for humanity as for valour; and of fidelity and grate­ful affection from brave and loyal colo­nies to their parent kingdom, which will ever protect and cherish them."