IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 I 1.25 l^|21 125 US itt m m ^ ti£. 12.0 M22 I ■lUU ^^ V" .>* Hioiograpkiic Sdmoes QBpcEEdkm MIMnilAAMtTiritT WliRai.N.Y. 14SM (7I«)I72-4S0» CIHM/ICMH Microfiche Series. CIHJVI/iCMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian da microraproductions historiquas ■\- Tachnical and BIbliosraphic Notas/Notaa tachniquaa at bibliugraphiquaa Tha Inatituta haa attamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha raproduction. or which may •ignificantly changa tha usual mathod of filming, ara chackad balow. D D D D D D D Coloured covers/ Couvartura da coulaur r~~| Covers damaged/ Couverture endommagte Covers restored and/or laminated/ Couverture restaur^ et/ou peliiculto □ Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes gAographiques en couleur D Coloured ink (i.e. other than blue or black)/ Encra de couleur (i.e. autre que bleue ou noire) Coloured plates and/or iliuatrations/ Planches et/ou iilustrationa an coulau; Bound with other material/ ReliA avac d'autras documents Tight binding may cause shadows or distortion along interior margin/ La re liure serrAe peut cauaar de I'ombre ou de la diatortion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever poaaibia, these have been omitted from filming/ II ae peut que certainaa pagaa blanches aJoutAas lors d'une restauration apparaiaaant dana la taxta, mais, lorsque cela Atait poaaibia, caa pagaa n'ont pas M filmtes. Additional comments:/ Commentairas supplAmentaires: L'Inatitut a microfilm* la maillaur axemplaira qu'il lui a *t* poasibia da sa procurer. Les details da oat axempiaire qui sont paut-Atra uniquaa du point da vua bibliographiqua, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mAthoda normale de filmage sont indiquAs ci-dessous. I I Coloured pages/ D Pagaa da couleur Pagaa damaged/ Pages endommagAea Pages restored and/oi Pages restaurias et/ou peiiiculAes Pages discoloured, stained or foxei Pages d*color*es, tachaties ou piquias P&gas detached/ Pages d*tach*es Showthrough/ Transparence Quality of prir Qualit* InAgaie da I'impression Includes supplementary matarii Comprend du matiriai aupplAmantaira Only edition available/ Seule Edition diaponibia I — I Pagaa damaged/ I I Pages restored and/or laminated/ rri Pages discoloured, stained or foxed/ I I P&ges detached/ r^TI Showthrough/ I I Quality of print varies/ I I Includea supplementary material/ I — I Only edition available/ Pagaa wholly or partially obscured by errata slips, tissuaa, etc., have been ref limed to ensure the l>aat pcssibia image/ Les pages totalamant ou partiallement obscurcies par un fauillat d'errata, une pelure, etc., ont M filmies A nouveau de fapon * obtanir la mailleure image possible. Tl tc Tl P' oi fi bi tl al 01 fi si 01 T M dl m b ri r( This item is filmed at tha reduction ratio chackad below/ Ca document eat film* au taux da rMuction indiqu* ci-daaaous. 10X 14X 18X 22X 26X aox y 12X WX 2DX MX 32X Th« copy fllmMi h«r« has bMn raproducad thanks to tha ganarosity of: Library of tha Public Archivaa of Canada L'axampiaira film* fut raproduit grica i la gAnAroaitA da: La bibiiothAqua daa Archivaa publiquas du Canada Tha imagaa appaarJ;ig hara ara tha baat quality posaibia eonaidarlrg tha condition and lagibiilty of tha original copy and in icaaping with tha filming contract spacif Icationa. Original copiaa In printad papar covara ara fiimad baginning with tha front covar and anding on tha iaat paga with a printad or iliuatratad impraa* alon, or tha bacic covar whan appropriata. Ail othar original copiaa ara fllmad baginning on tha first paga with a printad or iliuatratad impraa- sion, and anding on tha last paga with a printad or Iliuatratad Impraaalon. Tha last racordad frama on aach microflcha shall contain tha symbol — »• (moaning "CON- TINUED"), or tha symbol y (moaning "END"), whichavar appllas. Laa Imagaa suivantas ont At* raproduitas avac la piua grand aoin, compta tanu da la condition at da ia nattati da Taxampiaira filmA, at an eonformiti avac las conditions du contrat da flimaga. Lm axampiairas orlginaux dont la couvartura an papiar aat Imprlmia sont flimAs an commandant par ia pramlar plat at an tarmlnant solt par la darniAra paga qui comporta una amprainta d'Impraaalon ou d'iilustratlon. soit par la second plat, salon la caa. Tous laa autras axampiairas orlginaux aont fiimAs an commandant par la pramiAra paga qui comporta una amprainta d'Impraaalon ou d'illustration at an tarmlnant par la darnlAra paga qui comporta una talla amprainta. Un daa aymboiaa aulvants apparattra sur la darnlAra imaga da chaqua microflcha, salon la caa: ia aymbola -^ signifia "A SUIVRE". la symbols ▼ signifia "FIN". Mapa. piatas. charta, ate. may ba fiimad at diffarant raduction ratios. Thoaa too larga to ba antiraly Includad in ona axpoaura ara fiimad baginning In tha uppar laft hcnd oomar, laft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrams iiiuatrata tha mathod: Laa cartaa, planchas, tabiaaux, ate, pauvant Atra flimte A daa taux da rAductlon diff Arants. Lorsqua ia documant aat trop grand pour Atra raproduit an un aaul ciichA, il aat filmA A partir da I'angla aupAriaur gaucha, da gaucha A droite, at da haut an baa, mn pranant ia nombra d'imagaa nAcaaaaira. Laa diagrammas sulvanta iliustrant la mAthoda. 1 2 3 1 2 3 4 5 6 CANADA 1 Jcldy multitude. This I hope is the cafe of many men in America, and particularly of feme of my friends ; and therefore I do not defpair ol" finding advocates for the opi- nion I have declared : but whether I do or not, it is incumbeiU on me to vindicate my opinion, and in that to juftify my condu(5t, by giving you the reafons on which I found it. The right of exemption which the co- lonies claim from any mode of legiflative jurifdidion, which the parliament of Great Jiritain may think proper to excrcife over them, can only be 'grounded upon the common law of England, vv^hich the fettlers carried over with them. The grant of the crown conveyed in their charters ; the confent and ufuage of parliament ; their want of reprcfentation in parliament ; cr upon the manifell impradicability or pub- lic inconvenience of parliaments exercifing jurifdi(ftion in fuch a cafe. The common law of England is, I grant, the rightful inheritance of every Britifli fubjedt within the dominions of Great Bri- tain, and protedls his property and perfoii from violence or impofitions, which might be attempted by authority of the preroga- B 2 live f ![ 4 ] tivc of the crown; and whenever fuch at- tempts are made, the colonifls will, I hope, aiTert their conlanguinity to Knglifhmen, and apply to the liritidi parliament for re- drefsj and there they may be fuie of finding it. Uut as this is not the cafe at prcfcnt, nor ever can be whilft we are blefi'ed with a prince of the glorious line of Brunfwick upon the throne of Great Britain ; but on the contrary, the tax complained of is to be impofed by parliament ; the common law of England, the great charter, or the bill of rights, are fo Air from juftifying any Britifh fubjedl jn his claim of exemption, that they with one voice declare the fubjccl: fliall not be taxed by any other authority than that of parliament. It is the moft diflant from my intention, to excite the people in the colonies to refufe obedience to any adt of allembly, for impofjng a tax which their provincial legiflatures may at any time think fit to pafs. But if the common law of England is to be brought as juftifying a claim of exemption in any fubjed: of Great Britain, from the payment of a tax impofed by Icgillative authority, it will furely much better ferve the adducer'spurpofe,if he pleads ir, againll a tax impofed by a provincial af- fembly. [ 5 ] Tembly, than agalnft a tax impofed by aiu tliority of parliament j for as all the colony aflemblies .derive their Icgillativc authority from the mere grant of the crown only, it might with fome colour of reafon be urged that any tax impofed by them is impofed by authority of the prerogative of the crown, and not by full content of parlia- ment, as the common law of England di- reds all taxes to be impofed. But, perhaps, we fliall find, in the char- ters of the colonies, fome claufe of exemp- tion from parliamentary jurifdidtion, which may better ferve to fupport their claim than the common law. In the charter granted by the crown to Mr. Penn, the claufe of exemption is to this purpofe. That thp inhabitants of Pen- fylvania Ihall npt be fubjedl to any taxes or impofitions, other than fuch as (hall be laid by the houfe of aflembly, or by the par- liame72t ofKngland. Here is an exprefsre- fervation of the right of parliament, toim- pofe taxes upon the people of Penfylvania ; a right which, in the opinion of a gentle- man of that country, the only man whofe account of North America, it has been laid, ought to be regarded, is equivalent to an [ 6 1 an authority to flccl.irc all the white pcr-r fons in that province, Negroes. So little was that gcnilcman ucquuintcii with the conftitiition ot the very province he was born and rclkletl in. The cliartcrs to the people of Conncfli- cut, Mafli'chufetts Bay, New Mampfhire, and Rhode llland, tho' not lb exprefs in the relbrvation of the right of parhament to impole taxes upon thole particuhi** colo- nies, as the Penlylvania charter; yet con- tain iio cxpreflions on which any claim of exemption from fuch taxes can he founded: on thecontrary, they all limit the legillative power, which they grant the refpedtivc af- lemblies, to the enadlinr fuch laws as fliall not be repugnant : uut as near as may be conformable to, the laws of Great Britain. The charter to lord Baltimore alone con- tains any claufe of exemption which can be pleaded in this cafe j that charter exprefsly declares, That the inhabitants of Maryland fhall not be lUbjed: to any itnpofitions or taxes but fuch as their houfe of burgcilcs ihall confent to. The exemption, whatever it be intend- ed to be granted in this charter, as it ex- tends no farther than to the people in Mary- land, 'i or l-s ry- [ 7 ] land, can dc of no advantage to tlie Inlia- hitants in the other colonics, nor lus any of them had reference to it in fiipport (^ their claim } and it is very rernarkahle that the people of Marylind are almofl: the only people in America, who have not ict up a claim of exempti(;n iVom parliamen- tary taxation. Their acquiefcence fur- nifhes me with a key by which to inter- pret the meaning of the exemptitm granted in their charter. Jt fccms as if they un- derftood that exemption to mean only a prcclufion of the crown from impofing taxes upon the people in Maryland, by au- thority of its prerogative. And as thi:; charter was granted by a prince who claimed and actually exercifed the power of levying taxes upon the people of Eng- land, by authority of his prerogative ; the grant of an exemption from fuch taxes was at that time no inconfiderable boon for a courtier to alk, or the prince to bellow. However, I will take the cxprellions of ex- emption in their greatcll latitude, and al- low them to extend to a full and abfolutc de- claration on the part of the crown. That the inhabitants of Maryland fliould not be Hable to any tax impofed, either by autho- rity <> J [ 8 ] rity of the king's prerogative, or by authd-* rity of parliament The queftion then will be. Can the crown grant an exemption to any fubjedl of Great Britain, from the ju- rifdidion of parliament? Will any defcen- dant of the alfociates of Pym or Hamden-, avow it for his opinion that the crown can do fo ? If he acknowledges a right in the crown to exempt the fubjedt from the ju- rifdidtion of parliament in the cafe of tax- ation, can he deny its power to difpenfc with ac^s of parliament, or to deprive the fame fubjeft of the benefits of the common law? And then, what becomes of the colo- nies birth-right as Engliflimen, and the glorious fecurities for their perfons and properties which their forefathers obtain- ed and handed down to them ? Thank ■God, the conftitution of Great Britain ad- imits of no fuch power in the crown ; it /acknowledges no authority fuperior to the legiflature, confiding of king, lords, and commons. The crown, confidered as the executive power, cannot controul the le- giflature, nor difpenfc with its adls. On the contrary, the legiflature can controul the crown in the cxercife of its prerogative, and has frequently done fo, particularly in ' th« i t 9 ] tlie clrcumftancc of grants or charters made by the crown. How many inilances arc there of parliaments interfering in corpo- rations, iiltering, and in fome cafes intirely annulhnq; their charters ? Not five years fincc did the parliament take away from the filhmongers of London the moft material and beneficial part of their charter, and deftroyed the peculiar privileges the crown had granted them ; and yet the charter of that company flood upon as good authority, as does the charter oi any colony in America. The next ground of the colonies' claim, which I propofed to examine, is the con- fent and ufage of parliament. And here I find almoft as many iuftances of the par- liament's exercifing, fupreme legiflative ju- rifdiiftion over the colonies, as there have been feflicns of parliament (?ncc the fir/t fettlement of America by BritiHi fubjedsj ads of parliament extending to America j ads of padiament annulling ads of the co- lony legiflatures ; r&ftraining their com- merce ; prohibiting the carriage or expor- tation of their manu^dures from one co- lony to another ; taxing the produdions of one colony when brought into another ; tax- C ing ¥.; [ .0 ] iiig the produ6:ions of a colony upon their being carried out. And to pafs over a great variety of others, in the year 1732, the 5th of the late king, an adl of parliament was paffed, and is f!ill in force, which abrogates fo much of the common law, as relates to defcents of freeholds in America, takes from the fon the right of inheritance in the lands the crown had granted to the father and his heirs in abfolute fee, makes them a/Tets, and applies them to the pay- ment of debts and accounts contradVed by the father without the participation of the fon. This adt goes ft ill further; it fets afide the fort of evidence required by the common law, and eftabliflied by every court of juft ice in America, in proof of a debt, and injoins the admii1i6n of an affi- davit made ex parte by a perfon in Great Britain, before the chief magiftrate of any corporation, and only atithenticated by thp common fealoffuch corporatitJn, as ev?i dence equivalent to viva *uo^ evidence in all Courts of 5 uftJce in the doldhiies. Coiild it now be fuppoftd that aihy'Am<^Hcan chief jufticc, who in the courfe of his office jnuft have freqiiebtly pronounced decrees of his (l:oui^ undergo anthority of this a • '* ; ** Whereas great mifdhief and inconve-^: ** nien^e may arife, li it (hould be doubted, - . C 2 ** whether <( «( [ 12 ] *' whether troops in pay raikd in any of ** the Briti(h provinces in America, by •* authority of the refpedtive governors or governments thereof, are, while ading in conjun»5tion with his majcfly's Bri- ** tifli forces, under the command of an " orticer having a commiilion immediately '* from his majcfly, liable to the fame ** rules and articles of war, and the fam& penalties and punilhmenrs as the Britidi forces are fubjed to : To prevent fiich '* mifchief, and to remove all doubts, Ba it declared and cnaiited by the authority aforcfaid. That all officers and foldicrs of ally tl'oops being mullered and in pay^ ■• which are or fliall be raifed in America, as aforefaid, fliall ^// nU tlmcsy and in all places, when they happen to join or a(5t in cohjundlion with Iiis majelly's BritiHi forces, be liable to martial law and dif- cipline in like manner to all intents and ** purpofes, as the Britilh forces are, and " jhall be fiihjedl to the lame triah penalties, ** andpunijhmenti "Thii penalties and punifh- ments which the Britilh troops are made Ibbjcd; to by this adt, confills in a variety of corporal punidiiiients, and even death 3 and confequently the claufc 1 liavs recited, l\ib. iC tt *t *t «( «r <( (< <( •f mm ■■I [ 13 1 rubjedb the provincial troops in America to the fame ; and not thoie only which ihould be railed after the pafling that ad, but thofe alfo which had been then inlifted and ferving under ads of their provincial affemblies ; fume of which ads declared, they ihould not be fubjed to fevere corporal punifliments, much lefs to death, by any fentence of a court martial What further evidence is there now ne- cefiary to prove the fad, that the parlia- ment of Great Britain has exercifed fu- preme and uncontrouled jurifdidion, inter- nally and externally, oyer the properties and perlbns of the fubjeds in the colonies? Yet it is faid, all thefe instances do not go to the point of an internal tax, that has ne- ver been impofed by. parliament. If the novelty of a tax was to be ad- mitted as an argument to prove a defed of juriididlion in thofe who were about to impole it, we Ihould probably have never leen either an excife or a land-tax in Eng- land ; for there certainly was a time when neither of thofe modes of taxation were uted. When the land-tax was firfl: pro- pofed, after th€ Revolution, every qountry- entleman might then have faid with the fame 10 ■m i; «4 ] ikmc degree of propriety as the American noW tttakcr^ thi diftinAioh bctvtreen internal aft5d*ext«iHia! taxes. Tax the produfts of my lattds.tiix irfjc'cothtnodities I confume, but dbrt'ttax: myfedsthcmfelves, fgr that you have flfever done 4)efoi^, aiid therefore you haVe no attthbrity tb dd it now I Nay, the gentlemen tit tliiicydercounties might avail themselves of the feme pica againft the late dlrtj^iicfdn tliit ^omniodity 5 and yet I nc- vtfr lifeird that ilich an argument v^^asufed agki^ ci^h'eV'thclatid- tax brthe excifc upon cfitr J a!iho«gh I heKeve there were land- ed hkh m^ Engfand, at the time the firft land-tax was imt)6fed, as little inclined to paythatf tax afe atty American can now be to pay a^ ftam^diity j nor arc the inhabi-' tafits of ihe bytl«r counties at this time much more'iNfilKrtgto continue under the' la t6 duty u poiif thtrt commod i ty . For my" oW/> patti I eonfcftVltartnbt ckatly under- tkftd the diflindfeh' lirM "to' tre bet' K' I. 1 -0 — — • " , - - 3 W^hat* are •; Af •aatifcs upbff tfie iWp^drta-?'^- ti^ms^-an^'^feifitApiity- M6 the (|dl&iei bHtibf(?i^hal wxes^'tf 'their tei ft ^'l^v^ifeilo/i ■i -4 -> I 1- f.y f->or4 >l l>» ^•i^SD ia\i4 an juft n to the i I Hi fiore within the jurifdi^im Pf ^h^',fpi^ts> ^f jujiice and provincf^i, {|fgiJla^urp,^ an4, ^h^k; being paid in the fifft iu^^pc ^>y jfbe prow prietor of Aich QOVfims^iX^ rqfi^jng^k^ the colony, and ujtimatcl^ Ijy^h^^.cpnljjLn^f f| of fuch cpcn modify n uie J^h^t?i^af)ts of tjic colony, be the d^fcription ojf, |hch^t,axe« ? And what ar^ duties upon ^he ^^y,^g out a produdion of a colony (lut i()^ro^.U3^eSi If their being le^|Ied.off. a cpi|:)n)odjty as yet within the limits of tl^e,9plonyy,an^ la the poffeflion perhaps of the pei;fon ;wr3tip raifcd it frpm, his own landsf a^^j>j(jjii^^ own labour, <;ai) make thcna,io,? . - , lir-j And is it iefs than ytriflipg, tq iby>r thic; parliaincnt.of Grea^ Britfui^ h^s . jijrifd^q- tioi) oyef a commodiQr, s^^^^zf Jcv^y a tax upon |t whilft ir li^^ upp;i,j^ fjvay,, or lain a lighter at a, whaflfi, >ytfe ^hclimi^of a colpn^ J ))ut has ^pl; au^ori^ to ta^ k after it is r^c^ ,^pi;q tljie mcr9h;i|>t*^ w^r^^Qufe*? The r^if important a part of the Dritifl; empire, t iincerely hope that the landed gentlemen will think it their duty to iriform them- felves of colony affairs; but as it is agreed,- on all hands, that the colo^iics fhould con- tribute their fliare to ^thc public charge; the proper confideration is. Whether there be any other means lefs inconvenient, ^^^hich may be employed for that purpofe', D than 1 1 I I' lb.' f '3 ] than that of taxation by parliament ? Two methods have been propofed, the one, that the colonics iliould agree among thcm- fclvcs upon the proportion to be raifcd by eacii ; the other, that the crown fliould make a requifition from each colony of a particular fum j in both cafes that it fliould be left to the colony-legiflatures to raife the money in what manner they fliould think proper. To be convinced of the impraflicability of the firfl. method, it is only neceflary lo look upon a map of America, which will fliew us that the Britifli dominions in that 'part of the world are divided into eight or nine and twenty colonies, each of which has its own legiflature, and all independent one of the other; their fituation, climate, and circumftances, the moft different that ' can be fuppofed of any countries, and as lit- tle known to each other as Indoftan is to •'the people of England ; add to this, the 'continual contefts between the continent- Vrolonics and the iflands, and the mutual "jcaloufies and local diflikes which fubfift between every colony and its neighbour, ■"from one end of the continent to the ' otherj and then fay, what hopes of a gene- •* 3 ral • ',\ [ «9 1 ral ogrecmcjit upon the proportion vvhic^i each colony Ihould contribute to the pub- lic expcncc ; cfpccially as in tJiis calc np coercive force could be employed to oblige any colony to take upon it a greater fliarc of the burden than it was willing to bear. The other method oF rcquilition by the crown, has been tried in the courfe of the war, and has had fuccefs in fome colonies. But do not thofc colonies, who then com- plied with the dcmajids of the crown, complain of the inequality of fuch a me- thod? Have Virginia and Penfylvania no complaints to make againft Maryland, for availing herfelf of their prote<5tion, and never contributing any thing to the com- mon defence ? But if fhis method was adopted, and fome of the colonies, as Mary- land has done, refufed or delayed to raife their contingent, would not thofe colonies who furniflied theirs think i^t hari if the others were not obliged to dp the like ? and if the parliament (hould interpofe for that purpofc,and tax the delinquent-colonies, all that the other colonies had done to pre- ferye their claim of exemption from par- liamentary taxation, would be of no figni- ftcation, for the parliament's cxerciling that D 2 pOWCf [ 20 ] powci* ever one colony, would be ii fufli- ciciU pioot'oriu lighc to tlic lame juiiiJic- tioii over all. I have, jiowcvcr, another ohjct^Ion tQ t)ie iijclhod oF rcquilition, which i.v, that the money lb i^r^nJLcd by tluccUjjiics bei'g fpragcncpd icj vice, could not be made lia- ble to a*:coiint. The Igms railed muft be paid into the Exchequer j and it could ne- ver bo cxpe(5ttfd of the lC\c:hcqucr to tranl- niit to tho fcvcral colonics vouclicrs of ^hc expenditure oflh^ purtic idar lums granted by each ; and the parliament could have no right to enquire into the application of fuch money, bccaufc it would neither be granted nor appropriated by parliament. Wiiat has happened to the Windward Iflands, in the cafe of the duty of four and a half per cent, granted by them to the crov/n, for the fupport of their civil go- vernments and fortifications, ought to make ^very colony cautious of granting money, which neither parliament nor its particular legiflaturc has a right to enquire into the expenditure of * ; and I cannot conceive ^ ♦ Notwifhftandingthe acls of aflemhiy which impofed that duty, declared a part ol the produce of it fhouldbe 3pplicd to the tifc (-f tho fortifications of the fever^l iflands which granted it; yet their aflemblics have fUKC ?»r' I rlronr^cr proof of the purity of any mini-r ftcr's intentions, than the honourable gen- tleman jiow at the head of the Exchequer haji given, in preferring a tax impofed and appropriated by parliament, and accountable thereto, to the method of requifition whicli v'ould have left the money fo granted an intircly at his difcrction as the produce of the ibur and a half per cent, duty has been conlidcred to be ))y his prcdcccfTors. In every point o^ view, therefore, a parliamen- tary taxation, tho* attended with inconve- niences, appears a much more elegible me- thod for railing money on the colonics, tban cither of the two other methods which have been propofcd. And having now fmcc found thcmfclvcs obliged, for their own preferva- tion, to provide other funds for thatpiirpofe ; no part of the produce of that duty, (as f have been told) having been applied to the ule of jheir fortifications. The province of Virginia too, is another inftiince of the ad- vantage which mny bcmadeof fuch grants. 1 hat pro- yince had alvvays,as it now has, aperfon of confidcrable rank for its chief -.'Ovcrnor, who reHdcd in the province; but having beer, prevailed on to fettle a permanent re- venue for the fupport of its civil eftabliftitnent, by a duty of one (hilling a. hogfliead upon tobacco, ,th42 go virnmcnt of that province has ever fincc been admini- itered by a deputy or licutenant'Covcrnor ; and the people oi' (he colony have in no inilanc had the fatif- ladtion off«eing their governor in chief, Felix, quern /aaunt alieni penculacaiUtim. examined 1^ mmmmn [ " I e.vamincd the icvcral grounds of the claim of exemption from parliamentary taxation fct up by the colonics, and I hope convinc- ed you of their infufficiency ; I Ihall go on to vindlciite the opinion I declared, in the beginijing of this letter, that the pro- fperity and Tccurity of the colonics has ari- fcn from, and is conneded with, the right of parliament (o exereife jurifdi6tion over the properties and perfons of every inhabi- tant tliere. Itmuftbe confefied, that themofl opulent and the moft populous of the colonies have never been indebted to parliament for any pecuniary afliijtance, even at their firft fet- tlement ; and perhaps J could ihew, if it were not befide my prefcnt purpofe, that thofe colonies, to vi^hom the mofl liberal grants were made, have been very little lerved, or their prefent profperity promoted by them, fave only infomuch as went to die fupport of their civil eftablifhments, premiums upon their produd:s, and prefents to the Indians in their neighbourhood. But it cannot be faid, with equal truth, that in- (diyiduals in Great Britain have not, con- tributed largely to the aggrandifement of pyery colony in America. ^,.j^j • ,:,r ., !r ' ' " When T I tf t 33 I When the ftamp-bill, now under confi- deration,was firfl moved In parliament this feffion, the agents for the continent-co- lonies had a meeting of the merchants of London, who traded to their feveral coto- nies, to enquire of them the amount of the debts diie from the colonies, in order to found an argument of their inability to pay any new tax. The grofs cflimate thefc gentlemen gave in, upon that occasion, amounted to no lefs than four millions iler- ling ; an amazing fum to obtain credit for, upon a capital of only two millions! for, as the whole goods and chattels, negroes, and fidiing-utenfils of all the Britifh ilib- jcCts on the continent are not rated at mere than fix millions; if four of that be owing; to the Britifli merchants, it follows, that no more than two can be the property of the colon ifts. And yet, notwithllanding thi? prodigious debt, the Britifli merchants are IHII fo willing to give the colonies further credit, that fome colony-legiflatures have found it neceflary to reftrain the British merchants from doing fo, by enacting laws againft it j for fuch is the avowed pui^oife of a late adl of affembly in South Carolina, which lays a duty equal to a prohibition upon ^^ [ U i upon negroes Imported into that province; This bein^ the cafe, may I not venture to affirm, that it is the merchants of Great Britain, who have raifed the colonies to their prefent importance ? And if we en- quire into theif motives for giving the co- lonies fuch ^xtenfive credit, we fliall find them to be the confidence they had in the fupreme jurifdi(5lion of parliament, follow- ing their property to America, and fecaiing it for them in the deepefl receflcs of the woods, againfl any u^juft ad: of a provin- tial legiflature, or any fraudulent rnvefli- ture of it by the peribns in whofe hands they confided it. That this is really tht cafe, any one may convince himfelf, by on- ly comparing the flate jf the colonies cre- dit with f!ie Britifli merchants in the year 1732, when the ad of parliament,! before took notice of *, was pafTed, with what it is at this day; or, if he wiflies for further fatisfadtion, let him endeavour ro perfuade thfe^^ merchants, that the parliamcrtt hits n6 internal jurifdlAion ov'^r property m the co- lonies, and that coiileqnentiy the ad which' the) depend on fs"Voixi initfelf, and cjfrinbt be ex'ecuted ; and he will loon haVe- ilit cries of a mittioh and a half of bankiirptif, * Vide Appendix. and Wl ti. and [ «s ] and ruined Americans, to clear up his doubts. J' In proof of the necefllty for a parliamen- tary jurifdidion over the perfons of the fub- jcds in the colonies, for their fccurity, it will be fufficient to refer you to the iii- itances in the late war of the fuperiority of an Indian confederacy to the poflible ef- forts of any finglc colony againft them : and then to allv you, how it would be poflible, without having rccourfe to fuch a fupreme jurifdidion, to draw together a body of men, raifed by feveral colonies; or how dif- cipline could be inforqed among the troops of any colony, acting beyond the limits cf its particular jurirdidtion ? As the legifla- ture of every colony is altogether indepen- dent of every other, by what authority could an officer order his men to pafs the limits of the colony that raifed them? cr^ if he {hould prevail on them to march be- yond the boundary line, would they not then be free to dilband thcmfelves, and go , , wherefo5ver they plcafed ? That this is not an imagiaary cafe, the otlicers, who ferved ^^ early la the late war in America, all know ^ r and that provincial troops have ftnce taken ^| advantage of the tendernefs of the claufe I E havef J. /w- H'-' u^. » [ 26 ] jiave recitccf out of the mutiny bill, the .^ fate of the garrifon of Fort Loudo n is- a 'mdancholy inllance. The trOops raifed by ihc provinces of North Carolina and Virginia, for the relief of that garrifon, not being connriandcd by oflicers having their conimitVions immediately from his majef^y, ncr ading in conjundlion with any of the king's Britifli forces, could not be prevail- ed on by the oflicers who commanded them, to march beyond the limits of their rcfpctflivc provinces j and the Cherokee In- ilip.ns were fo well fatisfied that they had nothing to fear from either of thofe corps, that they fcnrcely left a watch upon their motions, but brought their whole force to meet the king*s troops that were advancing againil them on the lide cf South Carolina; and obliged the gallant officer who com- manded them to retreat"; after having done more againft an Indian enemy with his handful of men than had been before that t me performed by any of the great armies in America. If, therefore, there was no inpreme authority, which could inforce difcipline among the troops of every co- lony at all times, and in all places, and the feveral corps could only purfue an enemy as bailiffs mmmmmmmmmm ^'m^^f^^F^mmmm 11, the in is a raifed na and bn, not g their iiajefty, of the prevail- manded of their 3kec In- hcy had e corps, on their force to ivancing 'arolina j lo com- ing done ivith his fore that at armies J was no I inforce ;very co- , and the enemy as bailiffs [ 27 ] bailiffs do a debtor to the limits of thcirie- fpe^tive jurifdidtions, as the Indians would foon come to know their circiimftances, and confequently could not dread their power, it is beyond a doubt, that the co- lonies would never be permitted to live in peace ; .nor could any fettler, in the interior .parts of the country, fay his life cr pro- perty were at any time in fecurity : fo that, in this view, it feems evident that the fu- premejurifdi(5tion of parliament over the perfons of the fubjedts m the colonies is as neceflary for giving their enterprizes efficacy, and enabling them to adl jointly againil their enemies; and confeq-uently forgiving them fecurity, as I befoire ,lhewed the like jurifdidtion over their properties, was fpr giving them credit with the Britifli mer- chants, and tliereby pron;ioting ;^eir prp- fperity. Having now faid what I thought necef- fary in fupport of my opinion, of the right of parliament to a complete jurifdidtion over the colonies, and the advantage of it to the people in America,,! (had, in juf- tice to my fellow -fubjedts in that country, ilate the circumftances. wherein their cafe jdiffcrs from that of the nou-eledlors in E 2 ' Gre^t ■Q* ^^m f[ i8 ] Qtbiit Britain ; and offtr fomc reafons why, in' my humble apprehenfion, the parlia- • Wient fliould, in the cxercife of its power of imporing taxes upon both, be more ten- der in its proceedings, when the colonies are the objeft of them, than when it is the peopleof Great Britain. One material difference, in favour of the non-eleftors in Great Britain, is the fixed landed property which every member of parliament mufl have within the kingdom of Great Briiain; for as all taxes do ulti- mately affc6t the land-owner, the non- .' eledlors, from this circumftance, derive a fecurity, that the members of parliament wii) be careful not to tax them immoderatc- ,Jy or unnwhat would be the con fequehi;:e ? The merchants would prefently remove from the oiie place, and the manufa<^orers from the r.t [ 30 ] ihe other ; and then what would become of the freeholders and owners of lands and houfes in and near thofe places? But the induftriouB North- American, and the opulent VVefl-Indian may have their pro- pertiform yoir^ that it was not owing to him that fuch a prece^ dent was not made. As I have extradled an account of the whole tranfadlion from the letters writ by one of the agents to his conftituents, and can rely upon his veraci- ty, I will relate it, for your and my other friends fatisfadion. When the houfc of commons had laft year come to the refolution, T^af it might he proper to charge certain Jiamp-duties upon the colonies ; the agents for the colonics on the Continent underftanding that th6 refolution was conceived in fuch t^rms, and the further proceedings thereon fuf- pended till the next feiTion, in order to give the colonies an opportunity of making pro- poiitions in compenfation for the revenue that fuch a tax might he expedted to pro- duce ; and underflanding alfo, that not a fingle member of parliament doubted of the right of parliament to impofe a ftamp- duty, or any Other tax upon the colonies y thought it their duty to wait upon the chancellor of the Exchequer, to thank him* for his candor and tendcrnefs to the colo- nks ; and to a(k his opinion of the fort of propolition, which vv<)uld probaiWy be ac- cepted r 32 ] cepted from them to parliament. That gentleman, with great openncfs and afFabi* lity, told them, He had propofed the rcfo- lution in the terms tlic parliament had adopted, from a real regard and tendernci's for the fubjedis in the colonies ; that it was highly rcafonahlc they (liould contri- bute fomething towards the charge of pro- tecting themfclves, ind in aid of the great cxpence Great Britain put herfclf to on their account ; that no tax appeared to him fo eafy and equitable as a Itamp-duty; and what ought particularly to recommend it to the colonies, was the mode of coUedt- ing it. which did not require any number of officers veiled with extraordinary powers of entering houfcs, or in any refpedt ferved to extend a ibrt of influence which he never wifhed to encreafe. He hinted that the colonies would now have it in their, power, by agreeing to (his tax, to eAablin> a precedent for their being confulted bje- ibre any tax was impofed on them by par-, liament; and he recomnncxKied. it to the agents to repreient it properly to their fe-, veral colonies, and to advife their refpec- tive councils and aiTemblics to take it un-/ der their confideratioa ; and if, Hpoo deli-^ '*-* « beration. i i I [ 33 ] bcration a ftamp-duty appeared to th«m an eligible tax, to authorize their agents to declare their approbation of it, which be- ing fignified to parliament next year, when the tax came to be impofed, would afford a forcible argument for the like proceed- ing in all fuch cafes. He told them fur- ther, that if the colonics thought any other mode of taxation more convenient to them, and made any propoiition which ihould carry the appearance of equal cflicacy with a (lamp-duty, he wjuld give it all due con.- fideration. The agents writ immediately to their refpedivc colonies, and defired inflrudtions for their diredtion againd the next meeting of parliament. Some of the colony aiTem- blies thought the advice their agents gave them impertinent, and fuppoling that ob- fHnacy and ftrof^g exprelTions would have the Tarrif rM^ on the BritiOi parliament that they ibund them to have on feme American ^ovvmors, itiftead of fending over to thci^ a n^wtax up- on ^ [ 38 ] on the colonies will be the means propof- cd : and it will have one great advan- tage over any tax laid in Great Britain, a moft material one to an incapable minifler, that the probable produce of it cannot be known to many gentlemen ; and therefore, however infuflicient it may really be for the purpofes for which it is laid, yet the minifter efcapes reprehenfion for that year, and the nation may be deeply injured thro* his incapacity before the next meeting of parliament. That every gentleman who wifheswell to his country, may convince Jximfelf thefe con fiderations merit his at- tention, he will only have to reflect, that had a tax upon the colonies been propofed Inftead of the late additional duty upon cy- d^r, perhaps Great Britain would not now have the happinefs of feeing the mofl: vigi- lant, upright, and able chancellor of the Ex- chequer, that ever ferved her fmce the days of Sir Robert W'^lpole. 5u; Oi ^,UiHfci' ciitiin^i-.'' U^i)^Tfuiii gaohijjaslq hi-. . r* r> t^ tvt t}(k ii.' ■ ^.:■ ■/ APPEND iPWWiP [ 39 ] .a -r- APPENDIX. '/Oi^ AS the a6t of parliament paffed in th^ year 1732, has been much inlifted on in the foregoing letter, it is thought pro- per to ?nnex acopy of it, together with the petii>n "the merchants to his late niii- jefly, ,iOa an extradt from the report of the lords commiflioners for trade and planta- tions thereupon. h To the King's moft Excellent Majfelly. ! . i T.he hiimbk petition of fevet*al merchafits of the city of London ^ in behalf of themfehcs end others trading to his majcjlys i:.hvies and plantations in America, Sheweth, THAT the merchants t. riding to the faid colonies and plantations have great ibms of money due to them from the ^ inhabitants v Vi' f 40 ] inhabitants, and, as the laws now ftand in fome of the colonies and plantations, your majefty's fubjedts refiding in Great Britain are left without any remedy for the reco- very of their juft debts, or have luch re- medy only as is very partial and pre- carious ; whereby they are like to be con- fiderable fufterers in their property, and are greatly difcotiraged in their trade to Ame- rica: That in feveral 01 ^ faid colonies and plantations greater anu higher duties and impofitions are laid on the fhips and goods belonging to your petitioners, and other perforis refiding in this kingdom, than are laid on the goods and ihips of perfons in- habiting the faid colonics and plantations, to the great difcouragement of the naviga- tion of Great Britain : Wherefore your petitioners moft liumbly befeech your majefty, that your majefly will be gracioufly plcaf- cd to take the premlfes into your roy- al coniideration, and give your pe- titioners fuch relief as to your ma- ,c^, in your great wifdom, (hajl lecm meet. j» This TO'Wm^^miis •Ulk.JlTTTfJifP [ 4t ] This petition having been referred to the lords of trade, their lordfliips, in their report thereon, take notice. That the difficulty attending the execu- tion of the law, after a verdict hath been obtained in favour of the plaintiff, confifls in a priviiege claimed by fome of the colonies, particularly that of Jamaica, to exempt their houfes, lands^ and tenements, and in fome places t their negroes alfo, from being ex-- tended for debt ; but we conceive it to be highly reafonable, that all lands, tene- ments, hereditaments, and negroes,through- out the feveral colonies and plantations, fhould be made liable to the payment of juft debts and demands. Thefe two (alluding to another matter mentioned by their lordfliips alfo) lafl mentioned grievances have been more than once recommended to the governors of Virginia and Jamaica for redrefs. But the ajfemblies of thofc colonies coidd. never he induced to diveft themf elves of thefe privi- leges hy any a£t of their own -, and therefore, in our humble opinion, thefe points may be very proper olijedts for a parliament's coniideratioD in Grieat Britain, as they are G of t 42 ] oF importance to your majefly's fubjcds trading to America. This report of the lords of trade, toge- ther with the Merchants' petition, were laid before parliament in purfuancc of an ad- drcfs from the houfe of commons, and gave rife to the following ad of parlia- ment. ylfi Acl fcr the moi^e eafy rccovcjy of debts in bis nwjrjlfs fhniiaiicns and colonies in America. WHEREAS his majcfty's fuhjcds trad- ing to the Britifli plantations in America lie under great difficulties fcr want of more eafy methods of proving, recovering, and levying debts dus to them, than are novv ufed in fonie of the fjid plantations : And whereas it will tend very much to the r'ctrie'ving of the credit formerly give?! by the trading fuhjcBs of Great Britain to the naiii:es ar.d inhabitants of the f aid plant atlons^ nnd to the advi'.nc-Hig of the trade of this kingdom thither, if fuch inconvenicncics were remedied : m:iy it therefore pleafc your majefty, that it may be ena(5ted, and lye it cnadcd, by the' king's moft excellent majefty. r 43 ] niajcfly, by and with the advice and con- fent of the lords fpiritual and temporal, and commons, in this prefcnt parliament affem- bled, and by the authority of the fame. That, from and after the 29th of Septem- ber 1732, in any adion or fuit then de- pending, or thereafui* to be brought, in any court of law or equity in any of the faid plantations, for or relating to any debtor ac- count,-»vherf in any perfon reliding in Great Britain {hall be a party, it fliall and may be lawful to and for the plaintiff or defendant, and alfo to and for any witnefs to be exa- mined or made ufe of in fuch adion or fuit, to verify or prove any matter or thing by af- fidavit or affidavits in writing upon oath; or, in cafe the perfon making fuch affida- vit be one of the people called quakers, then upon his or her folemn affirmation, made before any mayor, or other chief magiftrate of the city, borough, or town corporate, in Great Britain, where, or near to which the perfon making fuch affidavit or affirmation (hall refide, and certified and tranfmitted under the common feal of fuch city, bo- rough, or town corporate, or the feal of the oflice of fuch mayor or other chief magi- ftrate; which oath and folemn affirmation every c I r 44 1 every '> \\ u lyor and chief magldrate (lially and is 'cii ' . authorized and empowered to admiuiltcr. And every aflidavit or aflirma- tion fo made, certified, and tranfmittcd, fliull, in all ibch anions and fuits, be allow- ed to be of the fame force and efFcdl as if the pcrfon or pcrfons making the fame up- on oath or folemn affirmation as aforefaid, had appeared and fvvorn, or affirmed, the matters contained in fuch affidavit or affir- mation, '■cha voce, in open court, or upon a commillion iffiied for the examination of witncfll's, or of any party, in any fuch ac- tion or fuit refpe(Slively. Provided, that in every fuch affidavit ancj affirmation there (hall be expreficd the ad- dition of the party making fuch affidavit or affirmation, and the particular place of hi& or Iier abode. And be it further enadled, by the autho- rity aforefaid, that in all fuits now depend- ing, or hereafter to be brought, in any court of law or equity, by or in behalf of his ma- jefty, his heirs and fucceflbrs, in any of the faid plantations, for or relating to any debt, or account, that his majefty, his heirs, and fucceflbrs, lliall and may prove his and. their debts and accounts, and cxaniine h\^ or i [ 4S ] ur their witnefs orwitnefles, by affidavit or allirmation, in like manner as any llibje^l or fubjcds is or are impowcred, or may do, by this prefent ad^. Provided always, and be it hereby further enabled. That if any pcrfon making fuch adidavit upon oath, or folemn affirmation, as aforefaid, {hall be guilty of falfely and wilfully fwcaring or aflirming any matter or thing in fuch affidavit or affirmation, which, if the fame had been fworn upcu any examination in the ufual form, would h ivc amounted to wilful and corrupt per- jury, every perfon fo offending, being thereof lawfully convided, fhall incur the fimc penalties and forfeitures as by the laws and ftatutesof this realm are provid^ed again ft perfons convi(fled of wilful and cor- rupt perjury. And be it further enadled, by the autho- rity aforefaid. That from and after the faid 29th of Sept. 1732, the houfes, landsy ne- groes y and other hereditaments and real ef- tatesy fituate or being within any of the laid plantations belonging to any perfon in- debted, fhall be liable to, and chargeable with, all juft debts, duties, and demands, of 'what nature or kind foever, owing by any S [ 46 ] fuch perfon to his majcfty, or any of his iubjedls ; and iliall and may be a^cts for the fatisfadion thereof, in like manner as real eftates are by the law of England liable to the fatisfadion of debts due by bond or other fpecialty ; and (hall be fubjedt to the like remedies proceedings, and pro- cefs, in any court of law or equity, in any of the faid plantations refpedively, for feizing, extending, felling, or difpoling of any fuch houfcs, lands, negroes, and other hereditaments and real edates, towards the fatisfadtion of fuch debts, duties, and de- mands, and in like manner as perfonal ef- tates in any of the faid plantations refpec- tivclyare feized, extended, fold, oidifpofed of, for the fatisfadtion of debts* FINIS, f\ ■■-**••», ."^i^ of his Its for lanner ngland iue by fubjcft d pro- in any y, for fingof 1 other rds the nd de- nal ef- rcfpec- ifpofed