IMAGE EVALUATION TEST TARGET (MT-3) ^,/ ^ ^A \^ <^ 1.0 1.1 1^121 121 J« Ki 122 ![; 1^ 12.0 M 1 ^ IIk I '-^ ^ 6" ► HiotQgraphic Sciences Corporation -^^^^v ^.V' 23 WIST MAR^i ^T.illT WIISTIR,N.Y. ;45S0 (716)l7a-4S0.* CIHM/ICMH Microfiche Series. CIHIVI/ICiVIH Collection de Canadian Institute for Historical Microreproductions / Institut Canadian da microraproductions historiquas i T«ehni«al and BibliograpMo NotM/NiMHM tcchniquM M bibllographiqiM* Th« Instituta hM attamptMl to obtain tha boat original copy availabia for ftlming. Faaturaa of tliia copy which may ba MMIographicaliy unlqiia, which may altar any of tha imagaa in tha raproductlon, or which may algnificantly changa tha uaual mathod of filming, ara cltaokad balow. □ Colourad covara/ Couvartura da eoulaur r~l Covara damagad/ D D D n □ Couvartura andommagte Covara raatorad and/or laminatad/ Couvartura :«ataur4a at/ou paliiculAa I — I Covar titia miaaing/ La titra da couvartura manqua □ Colourad mapa/ Cartas gAographlquas an eoulaur Colourad ink (i.a. othar than blua or black)/ Encra da eoulaur {i.a. autra qua blaua ou noira) I j Colourad plataa and/or llluatrationa/ D Planehaa at/ou llluatrationa 9n eoulaur Bound with othar matarial/ Ralii avec d'autraa documants Tight binding may cauaa shadowa or distortion along intarior margin/ La re llura sarrAe paut cauaar da I'ombra ou da la diatortion la long da la marga intiriaura Blank laavaa addad during rastoration may appaar within tha taxt. Whanavar possibia, thasa hava baan omittad from filming/ 11 aa paut qua cartainaa pagas blanehas ajouttes lors d'una raatauratlon apparaiaaant dans la taxta, mala, lorsqua eala 4tait poaaibia. eaa pagaa n'ont paa it* filmAaa. Additional commanta:/ Commantairac supplimentairas; L'Inatitut a microfUmA la maiHaur axamplaira qu1l lul a At* poaaibia da aa procurar. Laa d4taila da eat axamplaira qui aont paut-*tra uniquaa du point da vua bibliographhiua, qui pauvant modifier una imaga raproduita, ou qui pauvant axigar una modification dana la m4thoda normala da filmaga aont indiqu*a ei-daaaoua. r~1 Colourad pagaa/ 1/ D Pagaa da eoulaur Pagaa damagad/ Pagaa andommagiaa Pagaa restored and/oi Pagaa reataurAas at/ou pelllcuMes Pagaa discoloured, stained or foxa« Pages dicolorAes. tachetias ou piquias Pagaa detached/ Pagaa ditachtes r~n Pagaa damagad/ I — I Pagaa restored and/or laminated/ rri Pagaa discoloured, stained or foxed/ I I Pagaa detached/ Showthrough/ Tranaparance [77] Quality of print varies/ Quuliti inigaia da I'impression Includes supplementary material/ Comprend du material suppMmentaire Only edition available/ Seule Mition diaponibia i b rl n n Pages wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible image/ Las pages totalement ou partiallement obscurcies par un feuillet d'errata. una pelure, etc., ont M filmies i nouveau da fapon h obtenir la meiileure image possible. This item is filmed at tha reduction ratio checked below/ Ce document est film* au taux da rMuction indiqu* ci-daaaous. 10X 14X 1SX 22X 26X 30X v 12X lex aox a4x 28X 32X Th« copy fllnrad h«ra has bMn raproduccd thanlw to tho gonoroaity of: Library of tho Public Arcltivaa of Canada L'axamplaira film* i*»t roproduh grioa A la 04n«roalt« da: La bib'iiothiqua daa Archivas publiquaa du Canada Tha imrvjaa appaaring liara ara tha baat quality poaaibiii' conaidaring tha condition and iagibiiity of tha original copy and in Icaaping with tha filming contract apacificationa. Laa imagaa auhrantaa ont 4t6 raproduitaa avac ia piua grand aoin, compta tanu da la condition at da la nattat* da raxamplaira film*, at an conformity avac laa condltiona du contrat da filmaga. Oiginai copiaa in prlntad papar covara ara flimad baginning with tha front covar and anding on tha iaat paga with a printad or iliuatratad impraa- aion, or tha back covar whan appropriata. Ail othar original copiaa ara flimad baginning on tha f irat paga with a printad or iliuatratad Impraa- aion, and anding on tha Iaat paga with a printad or iliuatratad impraaaion. Laa axamplairaa originaux dont la couvartura an paplar aat ImprimAa aont fllmAa an commanpant par la pramlar plat at m* tarminant tolt par la darnlAra paga qui comporta una amprainta d'impraaaion ou dllluatration. aoit par la aacond plat, aalon ia caa. Toua laa autraa axamplairaa originaux aont filmte an comman^nt par la pramlAra paga qui comporta una amprainta d'impraaaion ou d'illuatration at an tarminant par la damlAra paga qui comporta una talla amprainta. Tha Iaat racordad frama on aach microfisha ahali contain tha aymbol ^^ (maaning "CON- TINUED"), or tha aymbol y (maaning "END"), whichavar appliaa. Un daa aymboiaa auivanta apparaftra aur la darniira imaga da chaqua microfiche, aalon la caa: la aymbola -^ signifia "A SUIVRE", la aymbola V aignifia "FIN". Mapa, plataa, charta, ate, may ba flimad at diffarant raductlon ratioa. Thoaa too larga to ba antiraiy included in ona axpoaura ara flimad baginning in tha uppar laft hand comar, iaft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrama iiluatrata tha method: Laa cartea, planchea, tablaeux, etc., peuvent Atre filmto A dee taux da rMuction diffArenu. Loraque la document eet trap grand pour Atre reproduit en un aeul clichi, 11 eet filmA A pertir de Tangle eupArleur gauche, de gauche A droite, et de haut an baa, en prenant la nombre d'imagea nAcaaaaire. Lea diagrammea auivanta iiluatrant le mAthode. 1 2 3 1 2 3 4 5 6 ^ A N ARGUMENT V IN PEFENCE OF THE COLONIES, ^PKIGf Two SlllUIHCS AMS SnCflNCE.J Wil \ MA X M :d M U O }i /: VI I iyiOvK)') ■iHT -^o 33yrji'?> [.30IT31JCIC 3VA SO^JJJtnf-^' wl «;•)!;! ^1 . l,,.„JUJflWWPpHWBir ARGUMENT DEFENCE OF the EXCLUSIVE RIGHT CLAIMED BY THE COLONIES TO TAX THEMSELVES^ WITH A REVIEW Of TMt LAWS Of ENGLAND* RSIATIVB TO REPRESENTATION and TAXATION. TO WHICH IS ADDtDy Am ACCOUNT of the RISE Of tmi COLONlESj AND TMS Manner in which the rights of the fubjcdls within the realm were communicated to thofc that went to America, with the excrcife of thofe rights from their firft fettlcment , to the prefent time. LONDON: Printed for thi Author, AND SOLD BY BrOTHERTON AND SEW£Lt, CORNHIIL i T. Evans, pater-noster-row, and W. Davis, Piccadilly, MDCCLXXIV. * > II ' iirr- »iT iiiiJS- H, ^■V V **'^. I ' /. vt M f rrm:^ zv-.-rjox^' ««■ ^^ ::v.-"'im' ;eav J3*M2HT z * <' *: .: .' 1 t r ^« ' f w D .'J - ■ » ♦■■ • ■ •» aiiT ij^^u lull:"-.'-' ?f>'^*''?"'! '-'/f: *!o V-if;^; ; ^f[. *' "^^* izl ■ :, 1 «. u-f ■>%■ *. A *rt-i. C O N T E NT S. Jk "ilioit" account oF, Hi^ a£ls of parlia- XjLj ment relative to t&e coloiii^is, frpiti the ftamp aA in i';i6Sj to the a£k f^ir ^^ . prohibiting the landing or fhip^injg ajji^ • ' kind .of goods in the harbour of Bojlon^'' m 1774. 7 22 — '23 The ,^coniequences that mSy" be . cxp^Aw* g^ from this afti — _— ubiervations tin the confUtution of En- .. gland. — i^ .-^ l*he conftituttfnt paits'of a pdrliamerttj" * The liberties of the fubjefts by the Ei%lilh conftitution. . "^ — • Adsbfiparlianitnt.rctefciyc to rd^refehjaticn'J ^ * '*■ and* taxation, * ^' ' -' *' , Aids granted to the king fhall not be taken ^ « for a cuftom, and not be raifed but by ""the conient of the people. ^ Nothing Pydl be taken for the ufe of tjie .•public without" the owners confent, or that of his rcprcfcntative. No duties fhall be impofe^ on the fubjefts, without the confcnt of Wieir reprefenta- tives. — :^ ^ An aft for allowing the king's fubjeds in - fp^ks to choofe their own reprefentatives, and for removing the diftinftion between them and the fubjefts within the realm. An aft to the fame purpofe for the county palatine of Cbefier. 2$ V 'i \ The fame for the county of Durham* The firft rife of the Nriw-England colonies. The Settlement thcicof. 29 31 S3 ^ftf" 35 The firft rife of the Mc^JpichiJfets Bay colony. 39 I vi ] The number of planters that HKnt ever td ^ Nerv-Englani^ in the firft twelve yean. ^% The firft leg'flativc body fettled by the freeincA in Mtc^-^^/tf A^« -L " "^ The proportion df taxatiori on lihe ftircrah^ - parts of the cdlbny 6f K^ffaebufftjfy ]$qf-' - in the year 1642. — 45 proceedings againft the charter of the 'city ol London in 1 6Si, • — Ka^'^a^ Declaration againft th6 charter of the-cWb- '!**^^ ny oi Maffacbuffiets Bay in. 1 6S^. .',49 The vote of the houfe bf commons, agairfffi; ■' the proceedings for taking away charters. 52 An account of what pafled in the houfe of commons relative to the charters of thte^^ • plantations, and the authority given b/^^ King William to the colony of MbJfMchup^^ '"■ fets bay, to exercife government accord* ^ ing to the old charter, till a new one was fettled. — — -- 5j TY.t power given by charter to the province of MafTachuiTets Bay, and the old and *■''*'' new charter compared. — $^ The number of inhabitants in Nev/iEm gland and its preicnt confequence. ^ "'y 62 Arn;ument far the right claimed by the c6- lonie'^ ' 'Hie matter in difpute between the colonics and the mother countr)% The end of government and the duty of fupporting it. — " ^-^ A ihort view of the fupreme legiflaturc, of the crown. — -m 67 Of the lords. — "^ 7. v 7^ Of the commons the houfe of comrnons ~ ^ 6i ib ^ confid'ired as the whole body of the pco- ^,^p' ^y the conftitution, — The 72 73 [ vn ] The colonies by their fituation excluded from any (hare in this defign of the con- ftitution. — — As the whole body of the people could not aflemble, the conftitution grants to all the people, the right of cnoofing their own rcprefentatives. — The colonies excluded from any part in this defign. — — — 75 The colonies compared with thole towns in the kingdom, that fend no noembers to parliament. — — jb If the colonies are not taxed by their own rcprefentatives, they do not partake of the provifion made for fecuring the property of all the fubjeds, iy the Englijh ionSfitu- tion. — — -^ Virtual reprefentation applied to the colo- nies. -^ — — The rights of all the colonies to tax them* felves, confideredby the evidence taken from the province of Majfttcbuffets Bay^ A fliort view of that province from its firft fettlement. — _— The fubftance of its prefent charter and the refemblance of its government, as fettled therein, to the kgiflature of Ireland. A comparative view of the dependency of Ireland and America, as declared by afts of parl".ament . The lenfc of the legiflature on the rights of „^ the fubjefts within the realm and in the colonies, taken from repeated aAs and refolutions of parliament, for the courfe of an hundred and fifty years. 120 C9oClu(ion. «ip . .,...-« 12a -.^?^t4 79 81 88 93 100 1:3 cy^r. pev') *»|i • V« t ^ flt «». I'-il' 5. * :•. i .tl ■«•» .»v ^ •itv/ ■■* ♦' • . <■ ^3ift^ fo w« A ft ■'■4*1 ■ ^^-i nofi. 1" <* :h -JftT tf^ <5rft ' .cc -yi.<*u JS-r A .«T -^1 T ) ■* Mmi^»ii»f'^'J- . %x^'^. ■ »■* > > l l A !^ AkcuiikvT In DkrsNcic O F T H £ i -iif AU kiGHTS of ihe COLONIES;' i'i»\'«\ ^mi " .J INTRO D U C T I 6 ^l^nwcf THHE united o|>pofiuoh given by the Co- ■*• lohies, to the a<5l of tlie 5th of his pre- knt M&}cfiY^ for granting Jiamp duties in Ameri* £a, is frefti in every one's memory : . arid the \veight of authorities for and againfl that ad, kid the arguments that prevailed in obtaining its repeal, are fo well known as to make it unne- ceiTary to repeat them. my^. zaiJiiiii i: i The repeal of the (lamp afit was followed b^ that declaring the dependency of his Majefty'si (dominions in America upon the crpwn and par- Jiamcrit of Great Britain. 5 ■V-' Atfd ■:t V.11 . [^ ] ■ ■•■;:■' '"' Andiii t^ncxt fcflions (i 767) thd^ palS cd for grantmg duties on goods imfo'rttd into the €olames. The reluon followed by advices of the execution of them — By refifting the landing of the tea, as lubjedt to a duty to be coUefted from the people without the conlenj^ of their legal ret prefciitations,^ -*-^ "^t'.' «>•'"■*• r^ -^ .4...... ;/■; ;:-, . /-.-" /'•'^*"?'^''-' •• '*^'^- The The [J 1 Thtf tea once landed luid dtlberad totho^ Vho wen: appointed to receive ifc^ tbe payment Of the dutjr followed of coUffei^M-In the fide of the tea the duty ^m>i:ild hilvc bttn included in the pricfe, ahd thiMlifiimptioa iof it by frttie pslrt bF thb peo|JIe liriavoidable; ^^^ The laieahd voluntary jjurcte of ah article Ihus cloathed with the duty; natiihilly created an apprehcnfionj that the aft of a ftw might af- terward^ be interpreted into the confent of the Whole, and involve the queftion of right td tax themfelved iii gttater difikulty: •\itiA~t ■■"' Undei: Ihe ififliuenfc'e of thefe motives; an a5t of violercc was committed at Bofton on the pro- perty of the India company j —the cargo of tea toririgricd to that port Was deftroyed. Arid an aft of pafliamerit is liow made to prohibit the landing or Ihippirig any kind of goods in the harbour of Boiton, ' ^^^ ^^^'^ - ^ii'? u ifi'^^h ■^ it *>■<■, -».' •■>r-(tf(f,')d£at the f the labouring people. — > And compelled by it^ they muft take their wives* and children in their Hands, and wander from home in fearch of work and bread. Wherever they go they will aws^en the compaflion due uy . >^Hj ^ S '' innocent % { 5 ] « innocent vi^bims; for it wU be fitid, What^ias all ^hefe poor men done that th(*y (hould be thus punifhcd ? And wcpe the Ifcadyig men acnongft them totally 0lent, the vc?y fi^t of thefe fuf- ferers iindpr a|) ad of Parliament, will of irfelf be fufficient to deftroy the people's confidence in the juftice of the Britifb legidature, and when con^dence is dead, amity cannot live, and ^ho (hall yield firfb will be the queftion. '^ The impoffibility of preventing conlequences flowing from meafures, n^Ijies the Hrii approach- es towards extremity matter of the moft ierious concern to every man that wifhes well to his ■country, or his fellow fubje(3:s in America. Cori- fcious of more zeal than ability I therefore catch the opportunity of appealing $q men's candour whilft their reafon, that ray of the Divinity within them, is uninfluenced by prejudice, unclouded jjy animofity^ ■ ■ ■ j .» I In this internal I truft ev^ry man will allow himfelf to fuppofe, that by the Engli/b conftitu- tion there may be fbme medium between the ab- ibiute obedience in the colonies to be taxed by parliament, and their total independence on the parent ftate from which they are defcended, and I ! • iind in order to difcovcr if any fuch rnediiwi^ fiJocs exift between ^he pffo extremes, it certain-t ly is not fuflicient to Jock no farther for it, than to a declaratory a^ or ^vfo made Ion" ^ter the original fettlement of the colonies. In the inyeftigatioq of any qii^ftion, it is furely neceffary pot to allow our enqui- ries to reft qn any thing fhort of the firft foundatio/i, and whenever the traces thereof ap- pear in any degree defe«5live, then to defcend to the very ground upon which thp foundation it- felf was intended to be laid. This ground is ui^ Jlnglfjh ccftftittftfon, out of this did the colonies fpring, and thofe that would wifli to form a true judgment of the natureoftlieif rights, will not bp fatisfied in a matter of fo much irnportance, tQ, take their leading principles upon truft and by hparfay, but will for themfeives examine the evi- dence on which they depend. The courfc that my inquiries has led me, was fit ft ;to i:?yjeW: tiie natyre of the Knglijb conftitu- tipHj as the provifion made by it for the. protc(5lion of cur rights, and the feci^ity of oiir property, cannot be denied to our fellow fubjed^ ijl. 4^uy}ca^ they being the fons of our ccmmorv i"'«ifi;v (.-viii* V ,.,. M3 forefathers '\ f 7 ] - forefflthers, to whom thefe privileges were granted. ; * : "■*• ■ ' . " ^ ' Gentlemen that are familiar with the authori- ties I (hall name, will pafs them over, and excufe me for ftating them at -large, as there may be others who think themfelves JHterefted in form- ing a judgment on the .prefent cjueftion, who would with to have the veiy words of thefe autho- rities before them. To their confideration I (hall firft prefent what is faid by Baron Montefquieu on (i,f.m am. ■ ;, :..v- >. , . ,. , ^ The constitution of ENGLAND. " IN a country of liberty, every man who is fuppofed a free agent, ought to be his own go- vernor; the4egi(lative power (hould refide in the whole body of the people. But fmce this is im- po(rible in large (bates, and in fmall ones is (ub- ytct to many inconveniencies j it is fit the people jyiiould do by their reprefentatives what they cannot tranl'ad by themfelves," :' ■' i ' C( The inhabitants of a particular town are much better acquainted with its wants and inte- refts, than with thofe of other places ; and are '•*/ " better ?if " ■? letter judg(!S of the capacity of th^i^ neiglt<- t)ours, than of that of the reft of their coimtry^ men. The members therefore of the legiflature ihould not be chofen from the general body of the nation \ but it is prpp<^r that in every confi- derable place, a reprefentative ihould be ele£te4 by the inhabitants.** ?« 4?)t) r;/V •• The great advantage of rcprefcntatives i^ their capacity of diicuiTii^g public affairs. Foi^ this the collcftive body are extremely urtfic^ which is on? of the chief inconveniencies of 4 democracy." ; . ;; .-; . , . . , " ,^hX"^ •* ^It i$ pot a| all neceffary that the reprefenta^ tives who have received a general iaflfiiid^ion |rom their conftituents, fliould wait to be direft* cd on each particular ^^air, as is pradifed in the diets of Germany. True it is, that by this way of proceeding, the fpeeches of the deputies might >yith greater propriety be called the voice ©f the nation j but on the other hapd, this would occafion infinite delays •, would give each deputy a power of controlling the aflcmbly j and, on the mdft urgent and preflihg occafions, the >vheels of government might be flopped by ^he caprice of a Hngle perfon." rj^.^, ^^^ j.^^^, .::';;(' ■" • " ■ *• When ; iliilli [ 9' 1' f* Wheft U^ defi^Ms, ^ Mb. Sidney wel^ y>brehr^t, re{)raient$ a body pf pcopk| as in Holland, they ought to he accountable to, theic conftituents} but it;s a different tiving in ^Rg^^ land, whcFC they are deputed biy boroughs.*' ** All the; mhabitants of the fcsveral difto^ (Mght ta have a right of votiqg at the ekdlion of a i«prelentative, except fuch as are in ib mean a {tcuationaitobe deepaed to have no will of theic '- -t^^i^ :^-.. . ■ - . ■ ■;!/ te' '* One gcoat fault there wa« in moft of the anci . «nt repubUcks, that the people had a right to ac- tive refohitions, fuch as required ibrAeexecutiong a thing of which tiny are abiiblutety incapable^ ^hcy ought to, have no (hare in the government but for the chufing of reprefentativ^ which i« Y^ithin their i«ach. For though lew can tell the; cxad degree of men's capacities, yet there are lione but arc capable of knowing in general, whe- ther the perfon they chufe is better quailed thai^ moft of his neighbours.** . — j-T, mt'^: *^ Neither ought the reprefentative body to^ ^ chofen for the executive part of government, ^, >)vhlch it is not (o fi.ti but for the executing. , of laws, or to fee whether the laws in behig ai« duly executed, a thing fuited to their abilities, and which none indeed but themfelves cim properly perform.*' j'> ** In fuch a ftate there are always perfonqf diftingaifliicd by their birth, ri( ^, or honors; but were they to be confounded with the common people, and have only the weight of a ftngle vote like the reft, the common liberty would be their flavery, and they would haye no intereft in fupporting it, as moft of the popular rcib- lutions would be againft them. The /hare they have therefore m the legiflature ought to be . proportioned to their other advantages in the ftatc; which happens only when they Iprm a body that has a right toi check the licentioufnefs * ©f the people, as the people have a jight to oppofe any encroacluiients of theirs.?: -{i^ t\lM\>i ** The legiflativc power is therefore committed to the body of the nobles, and to that which re- prefents the people, each having their aflcmbliesL and deliberations apart, each their feparate views ^d interefts.** '^-m^-^^m^MflJ^'^-'^^- '-V\ ■ ■■ . [ " 1 ;^^!f' .^hc body of the nobility ought to be beredStary. In the firft place it is fo in its own i^ature; and in the next there muit be a con-t fiderable intercut to prt.^rve iu privileges ; pri- vileges that in themfelves are obnoxious tq popularrenyy, and of courie in a fnec ftate are ^ways in danger " ; > ' ^ But as an hereditary poiwer might b»i temped to purfue its own particular interefts^r ond forget thoie of the people, it is proper that where a fiogular advantage may be gained by corrupting the nobility, as in the laws relating to the Tapplics, thqr fliould have np other fhare in the k^iflation, than the power pfrejefting, and not that of refolving.'* * By the power of refolving, 1 mean their right of ordaining by their own authority, or of amending what has been ordained by others/ By the power of rejefting, I would be under- ^ood to mean the right of annulinga refolution ^aken by another^*' M ■j*.-*^ 'ffff' " The executive power ought to be in the hands of a monarch, becaufe this branch of government; having need of di^atch, is better . ^ ^dmipiftrated ■■...■■■ t " 1 ^ v-^'. f|dmim(^rafesd by one than by mtayt'.Qii 't\^ other hand, what ever depends on the kffOkxxvc power ia bfbntinics better regulated by iiiaiiyi than bya^glcperfon.** ;q «/3 jiji.^nu yids. i>i: •iTi . :>■' . iAmnvr. / 3«iVJ •sa^jul./ ** But if there vrero no monaceh* a)id tho executive power (hould hi committed to ^ certain number of pcrfons fejefted from the kgidattye body, the^ irould be an end then of liberty-, by reafon the two power? Would' be united, as the fame perfons would fometimes pofTefs, and would be always jible pcy pofiefs, ^ Ihare in both/^ ' ' ^tmjqjmoj vo ** Were tjic kgiflative body to be a; ^onfide^ Table time without meeting, this would likewife^ put an end to liberty. For of two things one would naturally folldw, either that there woUld be no longer any legiflatiye refohitions, and then the ftate would fall into anarchy; or that thefe refolutions would be taken :by the executive power, whk h wowld.reo4(er jt abfolute/ • ; M^l ** It would be needlefs for the legi dative body to continue always aflembled. This would be troubleibme to the reprefentatives, and moreover would c\|t out too much^^^k for the executive L"iJ;V;jl:uimbu power. I #3 i ft^mti iois to take ofF its attention to its office, ind oblige it to think only of dcfeodii^ its 6im.pitnig^tivei| and tkB light it his to cxe- .*i,i' lJUt«;"nj:j Hi ^' T-'i."nr{ :J ;B ci n *!nl^*^-AgiiiA4 KveitMhe kgiflative Body to be always aflembled, k might happein to be kepttip only by fitting the places.of the deceafed members with new reprefefxtativesi and in that cafe if the legi-^ flativc body were once corrupted^ the evil would be paft all remedy. Wh^n different legiflative bodies Aieceed One another,^ the people who have, a bad opinion of that which is. a^ually fitting, ni$y reafonably entertain ibme hopes of the next : but were it to be always the fame body, the people upon feeing it once corrupted, would no longer exped any good from its laws ; and ,of courfe they ^would either become deiperate or fall into a ftatc of indolence." ... -•:^ " -m;. *• The fcgiftatiye body ftiould hot irtttt of Itielf. For a body is ilippofed to have no will but when it is met ; and belides, were it not to meet unaniniouily, it woitii be impoffible to de- termine which was really the tegiflative body ; the part aflembled, or the other. And if it had a right to prorogue itfelf, it might happen never to .'/to be prorogued ( which would be extremely ; dangerous in cafe it fhbuld ever attenit^" t6 in- . croaah on the executive power: Bciides, there are feafons^ feme more proper than othftrs^ > for aflcmblirig the Icgiflative body : it is fit therefore : that the executive poWer fhould reguhine the time \of meetings as well as the duration of thofe .: afiemblies, according to the circum%iutc8 and •exigencies of flate known tp itlclfi*^i{9iqLV'i wtxt ?•■'** Wire th: executive ^ower not to havfe a right •^of reftraining the incroachments of the legiHative body, thtt latter wotild becoftnc defpotic J for as : it might arrogate to itlelf what authority it pleaf- i edj it would foon dcftroy all the other powers/* ; *• But it is not proper^ bfl the other hahd, that ii the legillative power Ihould have a right to (lay the executive. For as the Execution has its na- tural limits it is ufelefs to confine it ; befidcs, the :-executive power is generally employed itt mc- 1 mentary operations. The power therefore of . the Roman tribunes was faulty, a? it put a ftop not only to the legiflation, but likcways to the executive part of government; which was at- .: tended with infinite miichicfs,*V»w..,i.^i, iii.^| y**^ ' But <« w< I is ] •* But tf the Icgiflatfvc power in a fretf ftate?, has no right to (lay the executive, it has a right; and ought to have the means of examining in what manner its laws have bcdi excaited." ,u .»» •* But whatever miay I* the ifllfc of thatex* amination^ the legiAative body ought not to haVfe a i^wer of arraigning the perfon, nor of courfe the condu^ of him who is irttrufted with the executive power. His peribn fhouid be facred, becauie as it is neceflary for the good of the ftate to prevent the legiflative body from render- ing themfelves arbitrary, the moment he is ac- cufed or tried, there is an end of liberty." \ ^twt'j-;- ■ i - , " In this cafe, the ftate would be nd longer a monarchy, but a kind of a republic, though not a free government. But as the perfon in- truftcd with the executive power cannot abufe it without bad eounfellors, and fuch as hate the laws as miniftcis, though the laws proteft them as fubjeds, thofc men may be examined and pu- iiilhcd." : • Ti !l^>*.- «• '■^'- ^..^J«. '•9 ■»H*'#. -*, ^yf f,.^«xV.»l,i•^i ..-»/«' - " Though in general the judiciary power Giught not to be united with any part of the le- giQative, yet this is liable to three exceptions, founded lEbu^ded oil Itlie particiUar . incdrel^ pf ; the .pvtf r:t " Tke great are always oBoqxicivis to popwsM^ . fenvy i and were they to be judged by the ptoplej they might be in 4angeh from dktr jvldgfs i and .Would moreover be deprivet^ote |r^p|^l|* But fbrfo^ ^b^t c<^uf^ 4^ it bring i;s iflflpejf^'* merit ; .frittft it go md isn^^fi itftlf bcfe^ ^ Dcdinaary tfibuiifls .vThich fte ks idfprlQi'/s, ,f^^ being cdmpofed tTJomoVfir i^men wHq^I? ife charge ,b$ft?fe fhe kgil^^iye paist Ivhichc^prtfenf? tfee nobility, who have jieiijwa: the lame interefts, nor the fame paflipi)^. ■'1 *1 ) '•* Her-e is aji .advantage lyhich %lm govern- ment has oyer moft pf the ^r^cipnt ??pubUc^, whtr^ this abufe prgvaijietl, chat tj^e people yff.y at ihe frme.ti^ic. fool:!) judge gi^d .agfjafet }i '(■- !! th^ i?^-j f I8 1 " The executive power, purfuant to what to been already faid, ought to have a (hare in tht legiOaaire by the power of rejefting, otherwifc it would foon be ftripped of its prerogative^ But fhould the legiflative power ufurp a fhare of the executive, the latter woidd be equally un- done J i> Uiij':.0*-V**j-( «( -M'- K the prince were- to have* a part in the i\?- giflature by the power of rcfolving, liberty would be loft. But as it is neceflary he fhould have a (hare in the legiflature for the fupport of his own prerogative, this ihare muft confift in the power of rcjcdbing.** • ■ «^* j##>MrY» ■. K^w: VJ^»-''»f-*W «*^J *'^-^ \tmiJr , «;,-it,— ■ -■'ii' '^'i W « The change of government at Rome was owing to this, thpi neither the fenate who had one part of the executive power, nor the magif- jCrates who were entruited with the other, had the right of rejefting, which was entirely lodged in the people.** . '.viif,:."''^j'- ■".'''-'■.' I- :»*Vr— JyA J~.7 ^..t,. *"'^ " Mere tfien is the fundamental conftitution of •the government we are treating of. The legif. I'ative body being compofed of two parts, they check one another by the mutual privilege of re- jcifting. They are both reftraincd by the execu- tive tive power, as the executive is by the legiflii- tive » *' Thefe three powers itiould naturally form a a ftate of r^pofe or ihaftion. But as there is a hieceflity for movement in the courfe of human affairs, they are forced to niove, biit ftill in Cott- tert." ' :" As the exiecutive power has no other part in the legillativc, than the privilege of rejecting, it can have no (hare in the public debates. It Ik hot even neceffary that it (hould propcfe, be- caOfe as it may always difapproye of the refolu- fciohs that Ihall be taken» it may likewife rcjedl the decifions on thofe propofals which were made kgaiftftits ^\]l:" ■ ^ '^'•>^ ''^' Were the executive power to determine the '■aifing of public money, ctherwiie than by giv- ing its confent, liberty would be at an end •, be- caufc it woiild become legiflative in the moft im- pGfUnt point of legiflation/* . ' z ' ▼^ f^i ,^.-'* • ' 'tfiyi ufltt i£ ^jjj legiflativfi power ^as to fettle the fubfidies, not trom year to year, but for ever, it would run the rifk of lofing its liberty, becaul^ \ • / thg I g i 1. . I III I 20 1 tTictttccutivt pdwicr would be no longer ctepertd- ant i and when once it was pofTefled of fuch a perpetual right, it would be a matter of indif" ference, whether it held it of itfclf, or of ano- ther. The fame may be faid, if it ihould come to a reiblution of intruftin^^ not an annual, but a perpetual command of the fleets and armies to the executive power." . »■ •■ . X ■ ■■ ■' • -. - - ** To prevent the exjcctftive power froni be- ing able to opprcis, it is requifite that the armicft with which it is infirufted, ihould conM of the people, and have the lame Ipirit as the people, as was the cafe at Rome till the time of Marius. To obtain this end, there are only two ways, either that the perfons employed in the army Ihould have fufficient property to anfwer for their condud to their fellow fubjedts, and be en- lifted only for a year, as was cuftomary at Rome: or if there Ihould be a ftrtfidiag army compofcd chiefly of the moft defpicable part of the natTon, the legiflative power fliould have a right to dif- band them as loon as it pleafed j the foldiers fliould live in common with the reft of the people } and no feporate camp, barracks, or for-r trefs fliould be fuiicr«d." , . «., !* Wh«» ** When once an army is cftabliftied, it ought not to depend immediately on the Icgiflative, bvit on tlic executive power •, and this from the very nature of the thing, its bufmefs confifting more in aftion than deliberation." *' In perufmg the admirable treatife of Taci- . tus on the manners of the Germans, we find it is from that nation the Englifh have borrowed the idea of their political governmernt. This beau- tiful fyftem was invented firft in the woods." ** As ail human things have an end, the ftate we are fpeaking of will lofe its liberty, will pe- rilh. Have not Rome, Sparta, and Carthagp perilhed ? It will perifti when the le^iflntive ^oxa/er \^ fliajl be more corrupt than the extcutive** *♦ It is not my bufmefs to examine whether > the Engllfli aftually enjoy this liberty, or not, \ fufficient it is for my purpofe to obferve, that it \ is eftabliflied by their laws." ^ ,^ MoNTESQiyitu's Spirit of Laws ^ B. II. C. 6. To this general account of the EngUJh confti- tution, I fhall add what is faid by Sir Edward Coke and Sir William Bhckflone on Th£ t « ] 'io n'>^iiW ."*. r»T. CONSTITUENT PAUTS or a 1 liament! Acroiilin^ to Sir Edward Coke, *' A par- iijimtnt cojiMs of the King's Majefty fitting iherc' in His'poiitic capacity, and of the three eftaUis of the rerJmi that is to fay, i. Th? lot. is rpiritual ; 2. The lords temporal j and 3. The cc-Timons fleeted by the (hires or coun- t'.ts, cities, and boroughs, by force of the King's n writs. '-Jiiiii-OitJ 13 The fovereiijjn, who is the head in his leglfla- tivc capac'ry ^cts only for himfelf, and what is called the prerogative, and the lords meet in parliament for the fecurity of their own rights. But the houfe of commons alTemble irj behalf of the whole of the people of the realm. And according to Sir William Blackftone, " The commons confift of all fuch men of any jjroper- ty iri the kingdom, as have not feats in the houfe of lords i every one of which has a voice in parliament, either peifonally, or by his repref^n- tatives. In a free ftate, every man who is fup- pofcd a free agent, ought to be, in fomc mea- furc. fc... » •v J ^?3 1 fure, his own governor ^ and therefore a branch at lead of the leginatiye power fhould refide in the whole body of the people. And this power, j when the territories of the ftate are fmall^nd its citizens eafily known, Ihould be excrcifed by the , people in their aggregate or colleftive (rapacity,** . ^ " But in fo large a ftate as ouss is, this would., he impofliblei it is therefore very wifely contriv-, cd, that the people fhould do that by their re- prefentatives which it is imprafticable to per-^ form in pcrfon." Cqmmntu B. i. p. 1.58-,-. ^\ \ . * ^ '^ t ■ -U.'; 'myp .\>iK- ii^Ui.,^iU.^qO S:,. ^:iil '■' ' :■ '■■ pill: ., : To the preceding account of the Englifh con-^ ftitution and the conftitucnt parts of a parliament,, I ihall add what is faid by Sir William Blackftonc on the liberties of EnglifhnKn, The liberties of 'ENGLISH^^SN paimarjly CONSIST IN THE FREE ENJOYMENT OF PER- SONAL SECURITY, OF PERSONAL LJ^BERTY, AND OF PRIVATE PROPERTY. ♦ DAK-. ffO.j ft-'*" 1 ** In thefe feveral articles confift the rights, or, as they are frequently termed, the liberties of Englilhmen: Liberties more generally talked ^■"of i H 1 of* than thoroughiy imdeimpuMVc tyrainy. and oppreflion muft ad in oppofition to one or c'thti- 'of thefc rights," having ho oihet objeft \xp6ti Which it can pdmbly be e^fi'pioyed. Tof pfefehrc tfefc frorr: yiolatfon, it is nbceflary thai the conftitntion of pafliaineRts be fopported irt its full vigor 1 apd limits, certainly known, be fet to the royal prerogative, And, lastly, to vindicate (hefe rights, v^hen aftdilljr Viofated or attacked, the fiibjei^ls of England are entitled, \h the firft place, to the regular aditiinillra- tion and tree ccurfe of juflice irt th? courts cf lawj next to. 'lie right of petitioning the King and parliament for redrefs of grie- vances > and laftly, to the right of having and vfing arms for -felf prefer vation and deiience. Mi Jind ai eheffc rights aftd libtn^m h dilr births right to enjoy efrtciw, unkfe l«^ite the laws of our countiy hjye laid them under neceflary |-(iftniirirf«, Reitraiflts its thcmfelve^ fo gentle and fnoderate, that no man of fenfe or probity would wUh vq{cq them Hackened. For aH t£xi% have it in our choice ta doeVWy thing that a 03od tmti would defire to doj and arc reftrained from no-» thirtgi hKtt'Wbat woyld be pernicioiiy cJtlifcr to ottrfefvrt Gr our M\0W Citizens, to that this review of Our fituatiprt May fully jufKfy the liblfcrtation of a fearhcd French axitlior, whd ifideed gcrterftlly both fhopght and wrote In the fpifi^ of gehuifie ffeedoffl, and who hath not fCi^pted to pfoftfs, eVien ift th6 Very bofoitt of his native cOltfttiy, thaj the Er^glifh ii the ofilv |iadpr| iji th0 t^orid where pcdkical or cfvil li- berty is the direa' ^fld of its Conftitutron.** Black fl:cne*s Com, book I. p. iij.4, TO the preceding defcription of the con^ ftitution of England^ the conftituent parts of its parliament, and the general rights of the fub- jfeft, I Ihall ftoW add fome of the laws that more immediately relate to the fecurity of private fi'operty, taxation and the right of |ion. ..'i.jj jprefe !' Alps [ *< ] ** Aids granted to the King shall not Bt taken for a custom. JUO ** And shall not be raised but by consent." >; V ftr.' Confirmation of the great charter 25 Ed- ^vard I. chap, 5, and 6.,jL D. 1297. .^^ ^^^ ** ^nd for fo much as divers people of our realm axe in fear, ihgt tkf aids and t(ijki which they hav€ given to us l?eforetime, towards our wars and other bufinefs, of their own ^ant and good will (howfoever tl>cy were made) might turn to a bondage to them and their heirs, be- caufe they might be at another time found m the rolls, and likewife for the prifes talcen through- out the realm by our minifters, and in pur name, we h^ve graat;ed for us and our heirs, that we (hall not draw fuch aids, tafks, ftor prifes into a cuftom, for any thing that hath bpen done heretofore, be it by roll or any other precedent that may be fyunden/* iioiim -i " Moreover we have granted for us and our heirs, as well to archbilTiops, bifhops, abbots, priors, and other folks of holy church, as alfp to earls, barons, and to all the coipmunalty of the land> that for no bufyiefs from henceforth [ *7 ] ^c Ihall take fuch manner of aids, talks, nor prifcs, but by the common ajfent of the realm, ^d for (he common profit thereof, favlng the ancient aids and prifes due and accuftomed." «( f Hf; JCiNG OR HIS HEIRS SHALL HAVE NO AID WITHOUT CONSENT OF PARLIAMENT. «f t* NOTHINP SI^ALL BE pUR.VEY*D TO THE Klf^o's im USE WITHOUT THE OWNER S CONSENT. 34 Edward I. cha>j. i and 2. A. D. 1306, And the confirmation of thofe rights by a6t of parliamenij 42 Edward III. chap. i. A. D. 1368. * ♦' No tallage or aid (hall be taken or levied by us or our heirs in our realm, without the good will aiiJ aflent of the archbifhops, bifliops, carls, barons, knights, burgeffes, and other freemen of the land.'* ■♦■»■'■ !•■ ■. , " No officer of ours, or cf our heirs, fhall ?ake corn, leather, cattle, or any other goods, of any manner of perfon, without the good whom the soods party belonged.' (( Z (' « »- n:^ ' No I »8 ] .,«■ t>W <' No IMPOSITION SHALL BE S1;T UPON MER^ CKANDISE WITHOUT ASSENT OF PARLIAMENT 45 Edw. III. cap. 4- A. D, 1371. m* Ml *• Jteth. It is accorded and eftahlifhed, that no impofition or charge (hall be put upon wooUs, wooUfels, and leather, other than the cuftom and fubfidy granted to th*eATORY UNTO THE MOST ANCIENT LIBERTFEs •^^ AND PRIVILEGES OF THE KING*S SUBJECTS IN- HABITING WlTIiri; THE SAID COUNTY PALA- '^^» TINE. 34 and 35^ Hen. VIII. cap. 13. - A. D. 1542-3- . " TO the King onr* f6vefeign lord, in moft humble wiie Ihewn unto your moft excellent Ma- jefty, the inhabitants of your Grace's county pa- latine of Chefter, That whereas the faid county •«^'' . palatine ;,- |}alatioe of Ch«fl:er is ^n^ hath been always tii- ' thcrto fflfompit, excluded and fep^rated out and from your ]xigh court of ipwji^mcrit, to (ifivc iny knights W burgeflCcs withitt ^e i*aid court ; by reafon whereof the ftid inhabitants have jiitherto . fuftam^d manifold difherifons, lolTos and d^m^es^ MS well it) their laild^, ^^opds and bodies^ as iil the good^ civil, and jJqJitic goVc^rta^te apd maintenance of the commonwealth of their faid country i and forafinuch as the faid inhabitants have always hitherto besa loound ty the Mi^ and ftatutes made 4nd ordained by yoiir liiid ;High- nefs, and your mofl: nobte -ppogeniiorp, My au- '.tJjQri£y:of the ifaid courts as iftr >fqrth ft§ other* f counties, cities, and burroughfi h^vre boon, that have i^wi tkcir Jktiight« m^ .burgeJ^s if^ith^ in your ifaid court of partifflnsnt, and jwet have had neither .knigiit: nor burgefe^ itke faid inkabi- taiitt^ for lack iherecf, kfvekffn c^tentims Mt^hei rivd griev^iwith a^s und fiatittcs made wi(hm the faid court ^ as well detogatory Uf\tQ the fnoft amltnt jurifdiEHom^ liberties^ and privileges of yDur Jcid , ftounty p^latitif* as prejudicial utitQ the aoimmtt- "tvealthy auietnefsji refit and peace of your Qrace^.s mcjl bmnden fubjefls inhaiitiug within the fame i for remedy vihftxmU t|fi?.f|id .epimty p^latiflie of V /'t,f. - -'"^ Chefter i u j Chefter fiiall have two knights for the fai4 cbitc^ ty palatine^ and likewifc two citizens t6 be burr jgeffcs for the city of Chcftcr, to be <:lcfted an4 chofcn in like m^nc;t as^ for any other counti" and city within this reaini (4 Englaa4.*Vj osi-y^i %■ /Vn -^AtT -fOENABtp TrtE COUNTV; PALAfTIlii ^^{^F: iPuJl^WlVI TO SjSNO ItKIOHTfi ANXi> ittTltSaSS- .1|^ j^^«; g(VO SSitiVJJ IN PARtlAMEl^Ti AS TABV fi[A0 *<:jhlTJlH':lTO BEEN CIA^l? TO P^A* Ali^'kAlPlia ;ri) «*:u «t;H ^TE* WIT«" W|rI^J^.AjS theJnhabitaiitt of the county jpalatinqjoJf^5?prhani.hav$rftot hithcrtd. had tfalc liberty ajif}, privilege oC cteffting.and fertdhig any knigb^;raQ.4ljbur|jeUef t© tlto high court o£ par- Kfanft^afii. Mlthoiifi th:^ inhabitants of thfe faid county paiatir^f^r'rv-it'tle U[>aU payitifents^l ratesj arid fiibfidies grant .t tiy- parliamentj^qually Ivith the inhabitants of other counties^ citiesj; ;ind. boiroughs in this kingdom, who have their knights and burgeflcs in the parliament^ atid ari therefore conctrmd eqkally with oihers the inhabi* D tant$ \ -Unf^'J/ihis kingdotHy to'iavt knights ani Bur^fjfes iH'ihefdfi 'high ecurt of parliament of their dwn &- te^iortytd'teprefent the condition of their county, ay ibe tWal^i^fits of other- counties ^ citiesy and hof' roughs of this kingdom hJve:* -^•* ^-"^?^ t**^-^^* By thefe afts we fee what was the fenfe of the nation jA'they^ars 1535, 1542, and 1672. The tMvjr^cfb arc'cighty yeara before, and die laft is fifty years. aftar-^the/firftfectleme. r^ New England. ,TIj« fights, of all the fuhjecls o ac more an* pien^i^atutjesv are fq fiilly explained and knit to- gedier va, j^hefe as it \% iospofllble ever to divide «* f The fubjefts under the Maflachuilets govern- ; , ' meat having appeared as the head of al' the o- ther icoloniesy in claiming their right to be taxed only by their own reprefcntativcs, ! {hall there- fore now confine^ the enquiry to this province, ^nd prcifcnt the ,re?der with the Ihorteft aild beft V c^ O'i^^' has fallei^: Jo my yray^ of the rife iiiiitiniiithwr" and progrcfs ot.|1iat pr^ince < .. .^,a*.v>, f->f ■ i ^45 1 P-V-^— ^*^- '^-"^- * ^-^ 'vX:^ J*. . . ^ruEf . 3r'-JhL_*, ...wk. ThJ FiaSTr FOUNDATION 6F THE COLONY Ot NEW . ENGLAND, l^id in the reign op (^^^BPX Elizabeth in 1595. "^ o# brujfloH rir ?ilfn^oi^ * ft T^T^^^''; ■ ■., »* ■ n ii*V TH £ rVio.lQ)? 3>f9c^eding^ of the bifliop^ 4roy.9 gisa^' aumbers of tjie- Brownifts into Ho'- lah'J^. .mH¥?& J^ek -l6on,pf pa^ow for abQye^f thcfohjitrch >«irJL«y(3«!R^,- ftpft Ctrircfc out the con^ryegjtbtial or jij^d^pendant form of churc^ goverpi^utj afld at rlengdi part of this ch).irc(i traajli)lai;|^ing then>f?Jv4s . if^^a Arrajrlca, . l^id the tound^trpf^octf: th^: nobj]? CQlofiy o^^]J^T«VrEng- rgland^'jftl;-, ci-dj UJi [iohac^^.-uao-j 'tnciaU . , NjE A<,!$. HJJi(^ of, tke .PurifaftSi vol I. p. 385.- ^Oj:;s bjlM lini: \z:tat tiM lo ji:] lUrni m h-^t.h *:trj^U ■idi ^j;i p hna ImimifA tiro \ ■ x^j ir f •v."'i*^j ■f,T- '[ 36 J •% The first settlem/nt xm New-England tn >.. the reign of King James I. i6,2,o» • " AMONG the Brownifts in Holland wc have itientioned xht revefcrtd Mr. John Robinfon of Leyden, iht father-of the iiidcpcndcrtcs, whofe liumerous coAgregatiofi being on- i^e decline, by ih6ir aged members d^g ^follow tiiem.^ Ac- •cofcirngiy ^^ ^ent ^"f^^' ii^nts iritb.-E^land, who haVihg obtaiherJaipkt^At from' fhft 'fcr^wh, agreed with fevcrat inerefcaiits co'b€icGm¥^adven- tiircrs' in the undertaking; Sever^of Mr. Ro- binfon's congregation ibid their eftates, and •ftrade' a ^eWimon batnfi, with which- th^ pur- chafed a fmall (hip of fixty tons, and hired ano- hundred and eighty. tli^ v>^f^* a2ent» failed [ 37 ] faikd into Holland with their own fhfp, to take in as many of the congrj^tipn as wer^ willing ^ to embark, > while the other veflcj was freighted ^ with neccffaries for the new pUniaticMi. All; things being ready, Mr, .Rbiiifon obierved sl, day of falling and prayer with his congregation,, and Qij the firft of july thp advtnci^rers went, from Leyden to Delfthaven,. whither Mr, Robin- fon and the ancients of his congrtgation accom- panied them ; they coRtini4e4 together all night, . and next morning, after mutual embriees, Mr^ Robinfon kneekd c^own on the f^ 03<^^> ^d with a fervent prayer committed them to the proteftion and blefljng of heaven. The adven- turers were about one hundred and twenty, who, having joined their other fhip, foiled for New* England, Auguft fifth, bu;: one of their veffels proving leaky they left it, and embarked in one veffel, which arrived at Cape Cod, November the ninth, one thoyfand fix hundred and twenty. Sad was the condition of thefe poor men, wlio had the winter before them, and no accommoda- tions at land for their entertainment ; moll: of them were in a weak and lickjy condition with the voyage, but there was no remedy ; they therefore manned their long-boat, and havino* coafted the ftiore, at l-^-ngtli found a tolerable ^ •' harbour. tn t ' •■: r harbbtjr, where the/: I'ndct! their effe(fts, andon the twehty-'ift' or .>rtm',cr began vr build a ftorc houle, a..* lonrn imall cottages tp prtifcTvc: them from the weathtr; ' Their company wa$f divided into nineteen families, each family hav- ing an allotment of land for lodging' and gar- dens, in proportion to th<3 nu.nbsr of perfons of which it <*6nrifted j arid to prevent difpiites, thc^ fnuatidn of *|fUah family was decided; by lot^ They agreed^ likfwifeujon fome laws for the ci-r vil and military governmint, and having r.hofen a governor, they called the place of thcu: fettle- ment by the qame of New t*lymoMth.;?ii s li^jc^/^ ^' Incxpreflible were the hardHiips thofe nevy planters underwent the firft winter j a fad mortal i7 ty raged aii^ong them, occafionc*d by the fatigues of their late voyage, by the feverity of the weather^ and their want of neceflaries. The country was full of wDods and thickets j their poor cot- ages could not keep them warm, they had no phyfi- cian, or w'loWfoine f^od, fo th-it within tvy^j ^r three months half their company was degd, an<;i pfth mw'io remiin-*d al^ve, which were ^bouc Sfty, not ab,Dv< fi^f or leven at a time were C4- pabk of helping the relt ; t|ut as the fpring paic on tht-7 recovered, ^nd having received ,':sftK;:u,j f>iruj feme frelh fupplies from their friendsrih jEngR^ land, they maintained their ilations^ ancfltfid th* foundation of one of the nobleft: feittleiiients ' in America, which from that tim; 4iaa [proved an iifylum for the proteftant non-conformifts under all their oppreflions." , ■. rkc^ r tv^tfijti'ao:^ st-v? First rise of the Massachusets-Bay colo^ !tnf ^1 NY IN Nev-Enqland in 1629. C: f dT •* THE King's inftrusflions and the violent xneafures of the prime minifter, brought a great •deal of bufinefs into the fpiritual courts •, one or other of the Puritan minifters was every week fufpended or deprived, and their families driven to diftrefs i nor was there any profpeft of relief, the clouds gathering ^very day thicker over their heads, and threatening a violent ilorm. This put them upon proje^Sing a farther Xettlement in New-England, where they might be delivered from the hands of their oppreffors, and enjoy the free liberty of their confciences ; which gave birth to a fecond grand colony in North-America, com- xnonly known by the name of the MaflachufletSr Bay. Several perTons of quality and fubftance ' . ^ about m t4 I ■ ■I !f 40 ;] , fimt the thy of Loadon engaging m the deflgn^ obtsuned a charter, dated March the fb\irt4i, one thoufand flx hundred and twenty -eight -nine, wherein the gentlemen and merchants therein nanxd, and all who ihoiild thereafter join them, were conftitiued a body corporate and politic, by ihe name of the govemor and company of the Maflachuflfets-Bay in New-England. They were empowered to eled their own governor, deputy- governor ^nd magiflrates, and to ma\ce fuch law:^ as they Ihould think fit for the good of the plantation, not repugnant to the lay(S of ^ng- ^/^ .■''■." i;i.:1^3Ht^ " •:< «< Free liberty of conlcic^cc Was Hkewife granted to all who Ihpuld fettle in thofe parts, to wprfhip God in their own way. The new planters being all Puritans, made their applica- tion to the reverend Mr. Higginfon, a filenced minifter of Leiccfterfhire, and to Mr. Skelton an-^ other filenced minifter pf Lincolnlhire, to be their cl^apjains, defiling them to engage as many of their friends as were willing to embark with them. The little fleet that went upon this expe- dition, confided of fix fail of tranfports, from four to twenty guns, ^yith about three hundred ?M4 fifty paflengers, men women and children. They. f 4i / They carried with them one hundred and fifteen head of cattle, as horfcs, mares, dows, Gf f, forty-on^ goaii, fix pieces of cannon for a fbrt^ with muikets, pikes, drums, colourt, and 4 large quantity of ammunition and provifion. The fleet failed May the eleventh one thoufan4 fix hundred and twenty-nine, and arrived the ^wenty-foijrth of June following at a place called by the natives Neuml^eak, but by the new planters Salem, which in the Hebrew language fignifies peace.*' . . ,'"■■* -.* '" After this they chofc Mr, Skelton their paftor, Mr. Higginlbn their teacher, and Mr, Houghton their ruling elder, who were feparat- cd to their feverai offices by the impofition of ;he hands of fome of the brethren appointed by the church to that fervice, The firft winter proved a fatal one to the infant colony, carrying off above one hundred of their company, and a- mong the reft Mr. Houghton their elder, and Mr. Higgipfon their teacher, the latter of whom not being capable of undergoing the fatigues of a new fettlement, fell into a lieftic, and died in the forty-third year of his age. When Laud was at the head of churchy l^airs, Mr. Higgjnfon then living at Leicefter wa^ f 42 ]; was articled againft in the. high commiiTion, and cxpeAcd every hour a fcntcncc of perpetual im» priibnment. Thio induced him to accept of an invitation , to remove to New England, which coft him his life. Mr. Skelton the other minify tcr was a Lincolnfhire divine, who ixjng filenced for non-conformity, accepted of a like invitntion, and died of the hardlhips of the country A.ugult the f^'cond one thoiifand ^ix hundred and thirty- lour. From tjhis fmajl beginning is the Maffa- chuflet province grown to the figure u now make? i^i the American world." <( ; ! The fummer following the governor went over with a frelh recruit of two hundred, minif- ters, gentlemen, end others, who were forced out of their native country by the heat of the l!audcan perfecution." Mather and Meal's Hiftory of New England^ 7^- ■^o The irjMnr:R of planters that went ove?. ,*^ TO NeW-Es*GLAND in the first TW£LV£ f' YEARS FROM 1629. 3Iil ^■■' u "Vv^HEN it appeared that the planters could fabfift in their new fettlement, great numbers of thelt '-r ' ^^ / r 43 ] their friends with their families flocked after fhem every fummer. In the fuccecding twelve y:«ars 9f arghbilhap Land's admmift ration, thvie went over abuut four thoufand planters, who laid the foundation of fcveral little towns and villuges up and down the country, carrying over with them in materials, money, and cattle, idc. not lefs than to the value of one hundred and ninty-two thoufand pounds, befides the mer. chandize intended for traffic with the Indians. Upon the whole, it has been computed, that the four frttlements of New-England, viz. Ply- mouth, the Maflachuflets-bay, Connedlicut, and Newhavtn, all which were accomplifhed bcf6re the beginr ' -g of the civil wars, drained Eng- land of f r five hundred thoufand pounds in money, (a very great fum in thole days :) and if the perfecution cf the Puritans had continued twelve years longer, it is thought that a fourth part of the riches of the kingdom would have paffed out of it through this channel." 4': m] ii !■• ') r t m ' '" ♦' The chief leaders of the people in thefe parts were the Puritan minifters, who being hunted tVom one diocefe to another, at laft chofe t!iis v^ildemefs for their retreat, v/hich has prov- ed (through the over-ruling providence of Qod), ^ C 44 1 a great acceflton to the ftrength and commerce of thcfc kingdoms.** - * Mather's //(^^ry, B. i. p. 17. ,;,(^;, .■■':" '.', . .--^W \r, . ■ Mii The first legislative body settled by the FREEMEN IN NeW EnGLA^ND IN 1634. , ,> ** THE freemen were fo increafedj that it was impra6art^iof the co- lony, at different periodi, wHl be thought by fome worth obferving. In 1642 a tax of 800 1. ^as ap^X)Dtibnei as follows ;: Hingham- 2f6 1. ■Weyimouth ii4 1. Br^intree 14 L Dorcliefter 5-8 1. 10 s. Roxbtiry 50 1. BdObocTixdoL Dedhiun 20I. Concord »5: 1. Wat^Rtown55 I. Cambridge 67 1. 19 s;.Chartes-fiown 60k. jSafism 75 L ljynn-45 *• Ipfwich;<82 1. Newbur/r'go i. Salisbury ^rzii as. HaihptOD sU Gloccftcr 6:L iids: ^ ? ) v r ; '^lij'nlisf!i|'-k-> »;/-■:■ M Mr; Hv.TCHlNSON?&i//jr£?tfiy. i.r- \( E 'tMAftTER OF THE CITV OF LoNDON' toii'-i f^ii'tt)'- iu i 6Si ' VBiiVd THE YEAR tifdtL k tM^Ql^b Warranto weiJt AcXtkST trii cttAR-^kft'ot MASSAeriu5^E'r*s-BAv. ' "^* ' ^^.f The. charter of Londan was , afc^^dg^d for- feit. I. uppp/;a long, argu^neijt of t;he greafeil law- yers in the natjon. TJie Ma(^chufR:($ was de- creed forfeited upo" default of appearance, which .w^Srfeggired tq be;at .Wffftriiinte-b^^i tiheiio. ,.l;ice?^civ^4 at;Boft<>n,3..onx{ aaurifiiL ■^:r. „(iio.' ii fVx: While rthe tones, iidd high rriitocli , clergy ivete f^li^aging the (Jiffcntensi- checpurtiwas: inteift upon, fubvercing the ooaftjtution, andcgettibg the goVernoicnt of the ckyinto their .h^s<' Jtmfe the twenty-fowrth there was a centcft ' ab^ut the eleftioh'of fherifFsj whi^h occafioned a<^kxjl*fider- ablc tumult. And whai'the elcftibn of :a loi^- mayor came on at Michaelmas, the «iti2eh6 wertj agiirt in an uproar, the lord mayor pretending a right to adjourn the court, while the iheriffs to whom the right belonged continued the poll till night 1 when the books were call up, each party claimed the mcjority ording to their refpedlive boolcs. The contt;il rofe lb high, that Sir Wil- liam [47 'I fiam PHtctiafa toM^h^ayor, was refted at thd fiiit of Mr/ l^apillon arid Dubois, and. detained prifbner in "Skinners-hall till mid- night; but when the affair came to a triat,' the cIe<5lion was vacated, ^Papillort and Dubois were imprifbned, and the leadfing' men of the whig party, who had diMngitilhed themfelves in the conteflr. Were fined in targe firms of mbney^ which made way for the 16fs of the'chatterl" ' [ ** The court would have pcrfuaded the ■'■"■ :>"•' - ; ■'■ * ■ had I '^VH-x"^' jit; '«■/.» 1+8 j had been forfeited, and might be feized intd tni king's hands, but judgnient vr^ not to be en> tered till the king's pleafure was further known; Inth* rne^ntime the lord, mayor arid ponnTjon- council, who are the r-eprefeiitatives of the city j^ agreed to flibmit to. th« Kitig^s mercyv aijd fent 9 de^tati^ toyfu^d^oxi JuQe the eighteenth j bne .|Jw)ufandl. fix Ji\irt^r^4 and eighty-three, td beg p^c)k>JH i which the , King was pleafed tc» grant, on condition that his majefty might have a negative pn, the choice pf all the chief aiagif- trates-rthat if his Majefty difappraved of theilr choice o^, a lord maypr, they iho\ild chopfe an* other y?:ithjn a week -^ And ^h^t if hip M^efty difapproved their feqond clioice, he flipuld him- lelf nominate a mayor for the year enfuing-, and the like as ,to the fherifFs, aldprnjen,! ^c. Whert this was reported to the common covwciH it was put to the vote^ and UfjjDn a divifipn, one hun- dred and fpur were for accepting the King's re* gulat^on, and eighty-fix agairift it,-, but evert thcfe conceffions continued no longer than a year. The charter of London l: V vvt»^ itti tHeir good,: and -witli no further altersM tlons than Ihould biefl^eflliiy for the^fuppoit of his goireirtitneiie th^^. T«;io hundred co|lies of the propccdin^ againft the chantif Qfiljortdon were fent at the time, by advice of the privy council, to he difperfed through the province, The governor atid li^jbi' partof i ho aflfltants,' dcfpaifing of any fucieeft 'from a ^tftnce^ paflfed the fbUdwmg vote: « I^c nri«gilt*«t» ifiive'voted, * that an htimbW addrcfj'bt fen:: to Ms^Mijefty, ^ by this iHip^ declaring that; upon a^fcfiom * confji^ration of Jiis^ Mijefty's gracbtjs iHtiiilar •tibn»; in his fornfter Irttfers; and more particti-. *larly inhis late d^dkration, tha: his pleafurc ^ and purpofe is only to regulate our charter, ii\ * fuch a manner as (hall he for his ferviqe and, * the good of this his colony, and witJibut- any * other alteration than >»hat is nccciTaty for the' ^ fuppdr? of his goYcrnmcttt here, we will not/ * prefumc to contend with his Majefty ireacourfe ^ of law, but humbly lay ourlelves at his Majefty*?!^^ ^ feet, in a fubmifllon to hjs pleafure fb declaredi * and that we have ttfolved by the nex^ opportu^ ' nity, to fend our agents, impowered. to receivcf * his Majefty's commands accordingly. And, fo^- * faving a default for non-appearance upon the ^ return of the writ of quo warranto, that fomc [ 51 1- ' meet perfon or pcrlbns ht. appointed and im- ' powered, by letter of attcLiicy, to appear and « make defence, until our agents may* make 'their appearance and fubmiffion, as above, * The magiftrates have paflfed this with refci^nce •to the confent of their btedircn the deputies ' hereto^ m Nov. 15. 1683. EowARD Rawson, Su^ .. ! This lay in the houfc, zander confideration, a 'fortnight, and was then pajOTed upon as follows : Nov. 30, 1683. *Thft deputies confistt nou « but adhere to their forracr bills.' ru Wm. ToRREY, jC&r. 5, t « ", ' '» tit : ;--!t -If. ¥ Th^ in**'* i ^i' ^ I ( "l. • .. -ilU •.' *?i.. I 5? 1 The yoTE of the house of commons "^ha^ THE L^TB PROSECUTION FOR TAKING AWAY PHA^T£RS, WERE IL1.£GA(., AND INCLUDE THE PLANTATIONS VI.TH THE CITIES, TWO UNI- , VERSITIiS AND OTHER INCORPORATE BODIES, ^ WHOSE CHARTERS HAD BEEN PROCEEDED A- \ (GAINST. B.y QUO WARRANTO IN THE LATE REIGN, I William III. i688. . : " AT a coirimutcc of grievances, Martjs 5. Martii 1688, refolved, mm. con. that it is the 9piniQn^ of this committee, that the late pro- fecutions of qup.iivarrantos again^ the cities, twq univerfities, the towns corporate, bo^ovighs and cmque ports, and the plantations, and the judg- ment thereupon, and the furrenders of char- ters, to the violation of their ancient rights, are illegal and grievances. By the houfe, h ( Refohedy that this houfe doth agree with th9 feid committee in faid relblve, and that the late profcciition of quo warrantos againft the cities, two univerfities, the towns corporate, boroughs and cinque ports, and plantations, and judgment thereupon, and the furrenders of char- ters, to the violation of their am tent rights, are illegal and a grievance. * [ 53 1 As AccoVMt o^ ^ttAt pXsseiS in the Houit dp COMMONS RBLATlVr TO THB CHARTERS dP the plantations immediatity after thit Revolution, and the authority given by *' King Willi ASf to the colony bt Mas- :'''\ IIACHUSSETS to SXERC1[SE COVER^^MENT AC- CORblNC TO tUC Ol6 tHAktEA tNTlL A '.*i\f HEW ONE WAS JETTLBd: *• THE houtc of commons voted the taking nway the charters df the plantations to be a grie- vkncc, ahd a bill pajflcd the houfe jfor reftoring the charters, ahd the New-En^jland charters was ' fexprefly mentioned ; but whilft the bill lay in the houfedf lords, the pai-tiimcnt fooher than cx- ' {jefted, was prorogued; the king going to Ire- land. The kirig, from t& beginri'iiig, difcovered a defigri to referve the aj^pointmcnt of the gover- ' ttorto himfelf : it Was in Vain, after loTmg this - fchance in parHaiticnt, to try fo^ the teftotation • df the old charter. A rifew charter,* with as * hiany of the old pti^ileges^s could be obtained,' was all that could bie hbped fof. IrithCmeart time, applicatiori was mrfde, for cxprcfs poWcr V and authority to be grarrted to the colony to' i, t 54 3 excrcife government according to the ol(i charter^ until a new could be fettled. This was ob- toined." WILLIAM R. « TRUST and well beloved, we greet yoa well. Whereas we are informed by feveral addrefles from the colony of the Maffachuffe^s bay, and particularly by the addrefs coming to us in the name of the governor and council and convention of the rcprcfentatires of the people of the faid "colony, that they had joyfully received the notice of our happy' acceflion to the throne of '^ thefe kingdoms, and caufed the proclanriation * thereof to be iffucd throughout the faid territory, , We have therefore thought fit hereby to lignify our royal approbation of the fame, and gracious , acceptance of your readinefs in performing that which wa^. necelTary, on your parts, for the pre- . fervation of the peace and quiet of our faid co- 1 loi}y. And' whereas you give us to undeftand, that yow have taken upon you the prefent care of^ , the government, until you Ihould receive our ,' order therein ; we do hereby authorize and in> power you to continue, in our name, your care in the adminiftration thereof, and prefervation of the peace, till we fhall have taken fuch refblutions V ..\' -.' ■ ' ■ ' and il 55 1 .liid g^^n iUch direfliohs for the more orderly (ct- • Yemeni!! of the faid government, as (haU moft con- tduce to our fervi<;e, ^nd the fecyrity and (atis- fiO^ion of oiir fubje^s within that . our colony. . And fo we^ bid yoii fareW^l. ,Oivcn at our court in* Whitehall,, the wth d^y of A.ugufl^ 1689, in • the firft of our r^gn, ,j^,^f„ . B7 his Majcfty's command, , Colon; of Maffacbujfets, |j, ^ , SHREWSBURY;*' .Mr. Hutchinfon'9 Hifiory^, v. I,,p, 389. ^ ^,>4..^-J'. t'f «a«',»' Iff ".■» ^'*0.t V- \ Vf^ ^yl-k^*w '■»- Mi r" ir The power given by charter to TAe pro- ;^ VINCE of MASSACHiJSSETS BAY, AND OBSER- ;'^VATIONSON THE DIPFEREMCE BETWEEN THE V,, NEW CHARTER GRANTED BY KiNO WiLLIAM ASm THE OLD ONE TAKEN AWAY IN 1683. i- vr. *' THE governor, under the old charter, al- ^■'tho* he curried great porte, yet his fhare in the » ladminiftration was little more tnan that of any ' one of the afllftants. He had the power of calling ; the general court upon urgent occafions, fo had «. the deputy governor or major part of the aflif- '^ lants,: if the governor did not think fit to do it ; "*■: V! dl r ' - I but he could not adjourn, prorogue or diffbWc thr court, the vote of the major part of the whole court was neccflfary, he voted with the afliftants, 'and if there was an equal vote, his vote was ' twice counted to make a calling rote, he gave ' commiflions to civil and military officers, but this v/is meerly a minifterial a^, in which no« ' thing was left to his difcretion, all officers being clcdled by the general court. Urtdei* the new chartef, tliere mufl be an annual meeting of the gencFal court* on the laft Wedne0ay in May^ but the governor calls an aflembly at any other time he thinks proper, and adjourns, prorogues ' and difTolves it at pltfafure. He has no vote in'tbe Itfiijlatttre^ and does ttctj or regtdary Jhould nof, ■ intereft himfelf in mattets in debate, in council, or in the hbufe ; hut no a£i of government is valid with' out his ccnfinf. He has the appointment of all mi- litary officers, folely, and of fH officers belonging to the courts of jufiice, ii^ithtbe ecnfent%f ik :c»ncih^ • ether civil officers are ekSied by the t'wohoufes, and ■■• he has his itegative ; no money can iffue out of the . treafury but by his warranty with the advice fage-, and a committee coming foon after from the , houfe to bring up the vote, the council, by this accident, retained a privilege which they have been in the exercife of ever fincci and, no doubt, k is in a great meafure owing to this, that any in the council has been rarely ef- when tliere have been very warm^ the two houfcs the pre- . . . ceding great change ft6bed, even altercations between i. • fi t ftciin j'yoaf. It is ¥07 difficult to fortn a Cecdai ifcnwcb of ^tegiflacurc^ analogcms to - the fccdad rfcranckin.theBritiihconftitution. TJ>e e^nies j PWV mot^rife for beMtary Jnnours^ Hh€mifeib4ri '^fidmrnoi'tiiore'room for exception iotbem tbert^ tUnrinlreiifnd. In the tharaer/ govtrnmcnts of - Gomiedticut and Rfaode Ifiand, this branch is ' hiore d«fp»ndatit vqpon the people in general^ thaii '^e h^ufef'iof 'P^refentativfis ; the firft 'beii^g ^tldffefd by'thcfree^nen in "general, the laft by the -fi^t*titAt>£ their feveral towns ; ind there liava ' 'been ' iftftances, ' in thofe colonies^ where the re^ f l^^efifntjitives hrtve had virtue enough to with- 'ftand popular pr^tKliccSy wlisn the council have < liot/irt M i I 60 I ^ *• The fpeaker of the houfc was at firlV elcftett and took his place without any notice to the governor j and for many years after the prefent charter^ there was only the formality of notice* until difputes, upon other points with the govern nor, caufed him to. infill Upon his right of ne- gativing the fpeakerj which the houfe was obi liged, after a long ilniggle, to fubmit to.*' I ■ ■ .- cc It was propofed that the memtjers of tht general coUft Ihould, during the rfcccft, cori- fidcr of fuch laWs as were ncceffary to be efta- blilhed; for the aft reviving the colony laws was id continue in force no lortgcr than Until Novem- ber. 1692." ^ ^ "i* *^ This was a work o? great importanc^^ and required the wifefl: heads, and ought to have oeen committed to fcleft pcrfons, upon a f)reconccftcd plan, the whole of which each pcr- fon fhould have kept in view i for want theiiebf the people of the province have been fufferers ever /irice i the coriftni(flioh of manly laws nave been doubtfiil arid varying, it being impof^.ble to reconcile the feveral parts to any general prin- cipal of law whatfoever, BefidcSi being paflcd A* fn] Ojip aftCF another, as fbey happened tohehrmghi irty and fint to England fsr aUowancey fome were ^ifapprovcd ; others, which depended upon or h;id fotnc connexion with thofc which were dil- approved, vfcre allowed } whereas if one complete code or fyftem had been prepared a(id fent to England, fuch alterations would have been pro^ po^ed, as might finally have ifTued in a well digeiled cpnfiftent body of laws ; and a temporary poyifiqn mi^ht have been made, until this per- petual rule Ihould be fettlec^. Seven years had paffcd, and four different adls had been fent^ one after, another to Er\glan'd, for cftabliihing courts of juftic9, before the royal approbation could be obtained. // was the praiiice of the adminijlraticn then, and, it fiems, at that time to fpave been well enough received in the province, to point out either in the order dtfallowing laws, or to the agent who prefented them^ the particular exceptions t and to proppjjefucb alterations as might render them acceptable, except in fuch cafes where tjse law in all its parts was dif approved J* From Mr. Hutchinfon*s Hiflpryy vol. I. p. 7, 'f» ■»*- •.' -»»> '■'nr*!,' , .:feM t i NUMEBR «9? I 6z ].' " Number of ^habitants ii*NewEnci,ani> a>(d its present consequlnce. . V THE Maflkehvffets colony may be con^ fidcred .th<; parent of ail the other colonics of New England., There was no importation of planters from England tq any part of the con- tinent, northward of Maryland, ejccept to the. Rlaffachu^ts^ for more tlian fifty years after the Col6ny began. Jn the firft ten years, about twenty- thouiand fouls had arrived in the MaiTachufiets^ ' Since ther^ it is fupppfed, more have gone from hence to England than have, come from thence hither. Nfa^achuifets Bay, New Hamplhire, Qonne|£tiqt{t,_ and Rhode Ifland, at this day, probably contain five hundred thoufand fouls. A fyrprifing increafe of fubjefts of the BrioiK crown. ft ** BARBADOS and the Leeward laands owed very much of their growth to the fupplies of lumber, horfes and provifions, with which they were furniflied, at the beginning of their fettlc- mcnts, from this colony, in as great plenty as they defired." ^'. . ' v ■ " " !! The ** The addition] of wealth and power la Qreat Britian, in confequence of this firft emi- Ration of our ancei(kors, qcceeds all cxpefladon. Thfy left tb^ir native country with tbeftrtngeft of' furances that they and their pofierity Jhould en- joy the priviUges of free natural bom EngUfb fub- jeSfs, May the wfoltb and power of Britain fiill increafe in proportion to the increafe of her colo- nies \ may tbofe prii/ileges never be abufed; may they be preferved inviolate to the laiefi pqjle- rityr preface to the ift vol. of Mr. Hutchinfon's Hif* iory of M^AchuiTets Bay, publilhedin 1760. *■: ' I-,.- , ''it'. : ■■* r' ." '• ■ '- ARGUMENT .'- ^':^ •- >■ . isl -^itji ',jx: i-.i. :J*T M^ '.-■V y-.-V•.'■^ ,,,.V v.!. •»-,■;!. iW-i » • liMiHMi (.• ft ARGUMENT FOR THE :m Right claimed by the CoIbiiiejS. ' Ci V''; ^• Mr.tteT in npHE whole matter in difpiite between Great '*• Britain and Her colonies may he reduced to a finglc point^The right of taxation— The power of difpolirig of the property of all Ms '^i'^P"'** Majefty's fubjedts in America. - - . - • '•-" '^' . ■ ' ' . ■'■■ '. ^'i ■ -^ . • But before I enter Upoh this very important qucftiori, i fh'all take a Ihort view of fuch parts 6f the foregoing authorities, as are moft m^ mediately connevfled with it; ; The great end of m'cn*s uniting *t'oge*thef, . * , ' . , i- 1 ■' • 1 . ' . [. ' The en'J of and puting themfelves und6r government, is for govemmeiit , ■ . . and the du- themutual pcefervation 9/ their lives, liberties and ty ot lup- titatcs. »' F And Ill' 1 .. -tj^' .-1 ■■ 1 . J ' '.. r. 7 :»/ l).r' [ ^6 J And, as governments cannot be fuppoatocJ without great charge, it is fit every one who enjoys,, hiis ihare of the protcftion, Ihould pay out of his eitate his proportion for the main- tcnaifcc of it. rr tjf;> ;| ;)» jj- iThefe are the words of a man to whom every fubjeA of the laws of England at this day, i» ill no fmall degree indebted. Mr. Locke's knowl'' ^ge of our conftitution, his ability in the invefkigationof it, and his fortitude in defending it at the time that he did^ againfl a torrent of Oppodte and powerful opinions, did, it mufi be uoiyerfaUy aJlowed, highly contribute towards the re-eftalilhment of the Englijh cohftitution at the reftoration- And if the fubjeds in any part of the king*s dominions, mean by an oppofition to taxes, to decbre their unwillingnefs to bear their proportion of the charges of government, they will find nothing to fupport fuch a conduct in the opinions of Mr. Locke. If there is a man living under the protc^ion of the Englilh laws, and thinks he ought not to contribute his part to the adminiftration of them, he muft either be infcu- fible of the advantage he enjoys, or be very unworthy of it. Thofe that will take the pains to trace the progrefs of the Eriglifh conftitution. [ 6f I by thofe fure Uhdmaiics the Itwt h^ve eredlecl for itk perpetual (upport^) and will carefuUy iX" amine the wi(dom 6f lis contrivance, and tho iiow degrees by which it ha^ arifeh to its prdent excellence ; they will then have too high an bpinion of its worthy to be unwilling to Contri- bute their proportion to hiaintain aitd uphold every part of a fyftem^ that has made fucl^ urii comiTK>n provifion for the fecurityof every tem- poral ble/Ting men ksm capable of enjoying. But in confidering that part of o^f leginatyte th^t i$ conipofed of the conwnons^ wc fhould nevc^ ibrget the iiiiportanGe pf the othgr brai^ches, of it, to fclii^jgepcri^ f«5curity..^d welfare of ..rfic people* .J llr. cn<3iJt^ffil n-^h znd ntufwtli afdo^i ?■ ■■•••1 V- . :■ ■■ ■-, -" T'" ■ . ■ • i y- A ftiorf viewof thf kj^ldature ' Whoever Jniagiries that the liberty of the fobjci^fe ;i^ to be proinotqd by degrading the drg- biigr of their /firft magi%ate, they have a dif- ccrnmcElt intri th.e nature and excellence of our ttjnftitiitiori; ■'^ery di(Fcrent to iHat of Baron 'MontcfquiqLi;,wlK) fays his perfon fliould be facred, "to whom . tUt executive power ©f the laws of «own. Englatid ar^ committed, became it is neceflary to prevent the legillativc body from rendering them- felvcs arbitrary, tlierefore the moment he is ac- ciWed^or tried there is an end of liberty. But it Of the "-a. M !!■' *''■ P 6S 1 is not in the poWcfcven of this fine writer ort our conftitution, to make us think! mtre highly of the office of our firft Ragiftratc, than we muftdo of the . juftice and moderation of him \ ■ * Atf dilitrent periods in our hiftor/, our conj flitution has been ii* danger from very oppofitc quarters; fometimes a miftakeif love of power in the crown, has made it attempt to bear down the other branches of tAe legiflature ; and at other times the people's part of the government have been eredted into a tyranny over the heads of thofeihty Were intended to reprelfent. But ftill the noble ftnkSlure has rifen fuperior to all the variety of dangers to which it has been expofed. And that great artd gOttd being who alon« can bring order out of confufion, has hitherto allowed our excellent lyftem of kws,> toiecure to us liberty of confcience and the open excrcife of our rcKgioit. He has raifcd us xtp a race of princes, who hate uniformly filled the feats of juflice With wife jtnd good men •, that we not only hold the fecurity and protection of ^ur perfons and properties by the words of the laws^ but they arc itlo auinrmftrcd to our advantage. And [ 69- * And to bring down chofe -bkfluigs witk inofeaie Atpon our he^Sy we ic;e a prince snaking the, judges of the land independant of his crown*: that free and uninfluenced the laws might ivign, ■alone. And we ^Ub ix thofe judsp as joirnpfk, in bringing the greate;(t men * within the .legcK of the law, ^l^cy are i^ QctendingiXs relief to ^hc meapcft^ -|- j^^^^^^ .^ £m4a>^13T'Jxi4iKil,3«^ ..'.ri. tr. Thole that will attciitiyeiy compare the powers veftcd in the crown by our conftitytion, with the life that publicly appevs to be' made of themln all ^e executive departments of the ftate, will find himfclf called upon by every motive of duty arid gratitude, to pay the ^ronjgeft marks of aU legiance both to the perfon and ofiice of that magiftra^ irom .whom .thofe jpowers arc de- Jived. . , ^ . - ; And ■.■<^ V .'I'i^^ •♦ See debates on obtainii^ I the «A for prevtnring «W«jf* af juftice by reafon of privileg* of parjiament, in i770« , 'f- And in 1772, by the judgment of the Court of King'; jBcDch, the Uwt uwM-e made towl'ay.to thoi'e that held poor Sommerfet, the Negro— Loofc him and let him go free. For a few thoughts on the . fqbjedl of /lax'tr/, lee tht conclufton. .f^t«4 ». f the ft|-bngcft ties-, their' ebttenfive 'property \\ pledged 'p4 the Comrhon fafely of the people who alone' can defend "iti ' Arid the lentimcrits of public good that WP fo'jfrequently hear delivered in this houfe, (he\ys th'at it continues ^otthy of ^he confidence our ancellors has placed in it. V -,■-,.-,.. , - .fj'!^'-' ^ And it will ever remain the duty aid inrerefl cf every good fubjeifl, to contribute upon all oc- cafions his endeavours to fupport in their foil exercife, the legal powers of the crown atid the privijicjges of , tlie peiprs, as ciTcntjal to public Ii-» lotrty, and the general welfare of tii« Itate. ,,} ,K»i? The royal and noble branches of our goverOf pent may now be laid intirely cut of the queftion, arid oyr whole attention turned to the people'^ . , " fare *[ 7« 1 ^ part of the legiflaturc. And wc fliall fiWft cn^ quire in what light it is confidered by thole that are allowed to be aniongfl the ableft writes and bell judges of the EngUJli conftitution. " ' x This part of the legiHative power fhould re- fide in the whole kody of the people. But fince this is impofTible in large Hates, atid In fmall ones fubjeft to majiy inconveniences, it is fit $be people Jhould do by their reprefeotatioas what they cannot traofadb by themfclves. * Thefe arc Baron Montefquieu's words. And according to Sir William Blackftofte,f The cbmmons confift of all fuch men of any property in the king- dom, as haye not feats in the houfe of lords 5 tvery cvf ef which has 9 voice in parliam6nt, either personally, or by his representatives. Ii| a free ftate, every man who is fuppofed a fre« agent, ought to be, in fome meafyre, his own governor, and tKerefbre a branch at leaft of the Jegiflative power Ihoujd refiJe in th whole hodj of the people. And this pov/ei, when the terri^ tories of the ftate are fmall, and its citizens eafily known, (hould be exercifcd by the people in the.'r aggregate or coUeftive capacity^ Tli« kouiii of com* mom coa- fidored u tils wkolo body of th* people b* the conO^ tutiaife But i\i> • See p. I* f Seep. 22. 'A- IV J »•!.■ ■..-..■..ti [ 7« ] f* But in fo Urge a llatc as ours is, this woul(j pc impofllblc ; it is therefore very wifely con- trived, that the pepple fhould do that by f heir reprcfcnt*ti'/es which it is imprafticable to per-: form in perfon.** t' t: ■•;■:.'■*,'■ .•■fT-* vJ si"' -I But ftil! the cpnftitution confiders the reprc^ fcntativcs aflembled in the name of the people^ as the people theipfelves, and notwitiiftandin^ the necefllty their numbers lay them under, to devolve tiieir autlpri^ in the legifiature on de- puties, yet it alters not the defign of the con- •ftitution, it ftill confiders as the people, the re- prefentatives aflembled iq their name ; and when tliey have done with the power of making laws, and are fcparatpd again •, they are themfelves fijbje«5t to the laws they have made in common with the whole body of the people, , ,. ., . . Now fee how this will ^pply to America •, by allowing them the priyilcgf s of their fellow fub^ th,:, rfrfigr je<5ls within the realm, you put them in the fame SitutLn!" " condition as if the colonies had exifled at the time the eonltitution gave this branch of tlie legifiature to the people at large, a principle in our confutation that never could have taken place, as it proceeds on a fuppofition that the • » - peoplQ. nie! are ex- »!iy (hare in people were to aflcmble, and as this could not be, you < make the cunftitution at iv. firftoutfet, pxclude every one of your fellow fiibje^s ia. America, from any fhare in this great privilege granted in conuno^i to all t|i^ people,,,.^ ^^^j ^ f But it is faid this fuppoHtion in our cpnftitq-' tion proceeds on an impoifibilicy, it being to the next degree as impoflible for the people of Engr^ land to aflemble, as it would be for their fellow fwbje(5ts in Amirica to meet them in forming- j:heir common part of th? legi^ature, and therefore it unavoidably follows, that the people devolve the Ihare the conftitution has given them in the legiflature upon deputies. This being a difficulty natut.illy forefeen by the conftitution, it is next to be v^nquired what provifioa is made againft it? iulllJ ...-■'■^ .i V::n-1 "3r^ 1 '1 The laws firft fecyre t|ie legiflative right to all The confti- the people^ and then with wifdom equal to its toeiuhc juftice provides for the txercife of that right, rishiof choofing AH the people could not aflcmble, but all the rIH tion (f reprefentativis thftt werendtmib meaiv A lituadon as to be id^ensd to haveino vill ol • ■■■' = -\ ..■.■!:■ .,,...; ., ■ rno^ii ,mmm.h The commons corrfifto^ a// fith mtn' sf an^ property iji the kingdom, as have not feats in the hotiffc of lords ; evtr^ one of which hks 'a voice in parliainp^t cither pcrfonally or by his itpfefertta* The lawful power of making laws to com-t mand whole politic focieties of men, belonging fo properly to the fame intire focietifs^ that for any prince or potentate of what kind foever up- on earth, to exercife the fame himfelf, and not by exprefs commiflion immediately andperfonal- ly received from God, or elfe by authority derived ^t the firft from their corfent^ upon whofe ferfons they impofe laws, it is ivo better than mere tyranny. JLaws they are not therefore which public approha- ticn hath not madefo.'^ •V i. r» • Montefcjuku on the Ecgliili conftitutioq p. 9-. f Sir Wm BlacUftone on parliamenii, p. 22. . , o|s.- X Hooker's Eccl. Pol. I. i. fe(ft. 10. t n 5 ■ The liberties of the people being the direft ittid of ou" ^aws, the power of making them implies, thc^confent of the people aftiially given ; but the LoUedlive body being too niunerouj to; meet pgcther for this purpofe, the conftitution provides th^t the right of choofmg reprdenta- tives, fhoitid belong to all the peopler-To eveiy h^an th^t is not ii) (o mean a lituation as to be deemed to have no will of his own Toevay w«» of any property in the kingdom, 21 s^r^fiJ . . '^5 -fn OS ?« t,vx>i;;itKjfni d:).. : But that part Jf our fellow fubje^^sthat arc Thecoio- gone to America, Vfith a rcfervation of all the eluded froa. rights of the lubjeas withm the reahn, arc en- the repr«- tirely excluded from any Ih^re m this gneat dehgn body. of the conftitution, in providing for the com- mon welfare of a/i the people j and by their not having a fingk vote in the choice of any mem- ber of the afTcmbly, that rcprefents the people, they are as effedualiy deprived of their part in the reprefentative body, as by their fituation they ^re in tiie colk<5tivc. But ftill it is faid, the colonies are upon an equ^ Compired • ^ ^ ^ with thpfe Jitv with the people that live in all thofe towns and to«'n,intbs ' *■ kingdom villases in Greal Britain that fend no members to **»** '""="'' "** ■^ menibrrs to parliament —that have no choice in any repre- P"***™*'^^ fentatives j K , .-."•'t,fr»i: ftntativas j and therefore the people's part of the l^giflaturc 19 conftitutcd, and the laws are mad* vith as little of their confent, as jth^t of the people in ^^eriffl,^:,,^^ ,,^,^ .,,.,.. w,>4i Ji?4 ■ ■ ■ ^ •-■' ■ . - ,* r:^tmi^ i^mi . It is very true that many towns of great confer. quence have arifen in the kingdom, fmce the tin>c the conftitution fixed on thpfe places that fend' the members to parliament i which at that tim?^ there is good grouptj^ to believe were of fa much importance, as to make it appear reafonable to the people, that if the rights of ^1 thole places were preferved, and proyifion made by the legiflature for the good government of them,, no injury could hcfel the reft of the kingdom : and cveiy man would then fep as we do at %\\\% day, if ever he was aggrieved in his property, by living in a place that fent po reprefentatives, he had jjothiDg to do but to remove into another tl^at \::X^ :L\c^i,ii)l '^i^-: ■ :.. , .... -''jr.? - -^il: But this cannot be done b^ ^11 the poopfe that now inhabit thofe great and populous towns that trade and induftry has raifed in the nation, fince the eletftivc bodies were fettled, therefore thofe towns neither are nor can be re- preiented ; but are exactly in the fame fi- tuation . .•/'f.-f»r?.: '[ 77 ] . tQation as the colonies, and might with as n\u'dh juftice plead an exem{}tion from taxes ; becaufe they have no fhare in forming the legiflativc body that impofes them. '''if».«' )! .... 4 ■ * But in what counties are thofe towns built in Englmd that are not reprefentcd ? Since the iprivilege of fending members to p^at fiament was extended to the county of Durham^ the town of Sunderland has grown up in a part of it, and in the hundred years that this county has had any rcprefentation, a fmall fiihing town has be- come a port with between two and three hundred i'aii .i- > ^-x l*\ it; w- The great provifion made by the conftitution The coio- _ nietdonut for fecuring the property of the people, arifes ra'**''* °* from their reprefentatives being made to bear their f ""f^*^,*^ due proportion of the burthens they impofe, in 5*S;''p,7 com- f*'' i If .- ;■■■) - t to i r fcbmmohlviththepcoplconwhomtheyarclaid : arfS when the member chat has given his voice for mak- ing of a hw — for grahcing a fupply, comes with- out the door of thfe ailembly, he muft Bear his pare and fubmit to the law he has affiftcd lo Hlake. But was the dctay of one Kalf of the eleftork in Britain to be recroited from the woods in J^ mericay and their cities made td fiirriifh us with the fame proportion of reprefcntativfcs in parliai ment ; what fccurity would th feci the eflfeft of the tefolutbns that arc made: Was the rcprcfentativcs of the people of Great Britain only to have their fellow feelings kept dive fbr their iconflitutents by letters and peti- tonsi we might foon expedl* to hear St. Stephen*! facred walls refound with the loud jbllity of the members^ whilft the body bf the people without doors M^ere weeping and dying undet the loads laid tipon them, by thofe that were not to touch the burthen with one bf their fingers; This great evil our conftitution foriefaw^ and therefore or- dained for ever, that no tax fhotiid be laid upon the people; but by thofe whofe property was placed as an hoftage for their condudt, aniongft that of the people's on wliom the tkx was laid; And Whether the men:ibers of the houfe of commons are boril in Britain or America;, if they have no qualification — no ffroperty in the colonies, equal violence is doneto their part in theprovifion made by our conftitution for the common lecurity of »iy the fubjedts. ..r t^. . : > '^-^ - ■• re- tatioA But ftlU the colonics are faid to be virtually reptefented. That a member of parliament is ^'^uai ' . . . ' prefcnta not like a deputy lent from" one of the Uiiited aFpi'=d»« Provinces to the afTcmbly of the States of Hol- land, where he appears only in the name of the province he rcprcfents, and ads under its immedi- G are the cUa> nl«i, life corttroiil. A member of parliament is vcrjr' different; themoment he takes his feat in the houle' of commons, he is to be confidered not only as the reprefentattve of his own particular conftitu-* cnt8, but of all the commons — of every fubjedt of the crt)wn in every part of the king*s do- minions. And as he is not obliged to d<5b under the controut of any fingle focicty of the people, he ft-ands in the name of the whole, and therefore not onefubje^is unreprefented from the farthefl caft to the rcmoteft weft, but all may make themielves heard by their common reprefentatives — *nll njay find redrefs in the houfe of commons $ and of confequence all are bound to pay the taxes it impofes, and none can plead an exception as not being reprefcnted, ■ .> .? >' l'(>-/ ()' ■•M- *^ What I underftand by feeing virtually rcpre- fented, in the fenfe it is here to be taken, is, that a people may be reprefented with- out any choice of their own, without ever hearing, feeing, or knowing any one of their reprefentatives ; and the reprefentatives equally ftrangers to the perfons,. circumftances, fituation and country of the people they repre- fent ; witliout liaving any joint property or in- tereft, and without ever beingexpofed to fufFer any inconvenience in commoii with the people they taprsfcnt, :ii i: ^v■./,:l••„•^Ji^■^i. teprefent. Virtual reprefftitation^ as applied to the Colonies, can mean nothing lefs than this ; and the very found of it does fuch violence to conimori fcnfe, and is I think fo contrary to the firft prin- ciples of oUr conftitittion; that hothirig could make it defcrve a ferious tonfideration b'.t the refped due to thofe that have ufed the tcrm^ that have applied it to the colonies — a relpeft ^hich no difTetence of opinion can cancel. '^^^ We w^ill therefore eriiqiiirc if fiicK a principle "appears to have any fouridatiori in our law%* land if at any period i" ci'r hiftory the idea of virtual reprefeiitatioh . r iit^d by any a6t of the legiflature. ., '. v Till the year i jj^, i^Vales iijd hfeen taxed by the Eriglifll houfc of commons without having any reprefentativcs. In pUL • 29th the reader will fee what was the fenie of King Henry VIII, and both houfes of parliament upon it. The a<5l begins with declaring the dcp^^ndencc of trales upon the crown, and it ends with abolifh- Ing the unjult diftiriftion, that beiti^ taxed Siud not hprejentedf had hithercomade between his majefty's Hibjedts the're and in England. And we find the king," iorcfs and connmons continued in vhe fam« opinion ...-.p. ..^ IMAGE EVALUATION TEST TARGET (MT-3) << 4^ ^ 1.0 1.1 1.25 ^ I2ii 122 Hiotographic Sciences Corporation 23 WIST MAIN STRUT WIBSTIR.N.Y. 14SS0 (716) V2-4S03 \ 4^ \ b ^ V [ 84 ] r%- -..:■:: opinion for fcven years after the ff^M mcmbcrf had been added to the £ngli(h ; and, in the fame king's rcign,in the year 1 542, another law is made to give knights anal| BOW enquire on what conditions they went, and what provifion was made againft their becoming independent of the ftatc to which they belo/ig, and for their bearing their juft proportion of the charges of the government that proteded their ife:tlemen<;s and encouraged their trade, ^^;^^ m .ii •I -J! In Mafliehu^ In tftc pfcfcnt queftioti of taxation'ail the ca- rets B«y , ' confidcred lonies ftand cxadtly upon the fame ground j I i n the name '' of all the fhall therefore confider the rights of one pro- other y which ' means every one may be bettpr aple to fee for ; himfelf what has really pafled betw^n the mo-, ther country and the province in qiieftiop ; and be able to form his own jwdgipent ^Vom all th^ light that the nature of the cafe admits of, as well as to fee that the paffages hei:c produced arc • -' . Hated according to the authorities from which they arc taken.. *:i^ The. The hiftory of MafTachuflcts Bay, by Mp. Hutchinfon a native and the prefcnt governor of it, will give every enquirer the nioft fatisfar- tory information : a work that I think no one can read without conftdering it as a laiting fer- yice to his country; and the good fenfe and mo* deration that breathes through thefe volumes, makes one regret thofe unhappy divifions that deprives the author of the juft returns due to his labour. May thefe divifions foon have an end ! may he live to reap the tribute of pub- lic regard ! But if he, like many other men, whofe writings have done equal honour to their country and themfelves, is denied this fatisfac- tion, may pofterity hand down his name with the refpeft I muft ever think the author of this hiftory defcrvcs from his country ! -v^- -»,,.. >4;!.^^, jOAfirv.,,., *■ It may at this time indeed be unfavourable to the colonies in general, to confider their rights by the evidence taken from a province, the inha- bitants whereof have fo lately been rendered un- popular in the eyes of the nation, to which per- haps the eloquence o^ an able advocate Jias not a little contributed : and the open violation of private property, committed in the capital of |Us colony, has added too much weight to the •■' - --' ■- , " • ■' " ■>^' ■;,' •■'- ■- -■ fbrct I m ' >! U force of every argument iifed againft tiiem. £- yery good fubjeA mud certainly take. the oppOr iite part to all the violaters of the known rights of mankind ; and thofe that would wifh to fee the late infult offered to the laws at BoSlon^ treated in terms of the ftrongeft abhorrence, need only look at the laft public accounts fron^ the neighbouring towns in the very fame pro- vince. To include therefore the wrong-doer, and thofe who cry aloud againil him to his fack\ in one common cenfure, would be unworthy the name of candour. And even in the very city of Boftsn^ there is reafon to fear many will fr/ere^ ly partake in the punifhment of the crime, they neither committed or could have prevented. But it is faid the whole town united in oppofmg^ the landing of the tea — fo did the wholft province, and fo did every province on the continent of America to whom it was fcnt : and for the fame reafon that they oppofed the cxecur^ tion of the Jiamp-a^. And thefe reafons they, have declared from the firft, in a manner no, way unbecoming the fubjeds of the govern- ment under which they live : a government built upon the principle, that none of its fub- jefts fljould ever be forced to pay any other duties or taxes, than thofe that were laid upon them by their own reprefentatives. And if it cannot !■ "^:- f aimot be (aid that the fubje^s in Ameriu joined m choofing the members of the ailem- .bly that laid this duty on tea, to be col* ledled from the people in America^ then it foU lows that they are taxed and not reprdented, and their rights as fubjeds under the government of the Engli/h conftitution, are as clearly invaded 4s they were in the cafe of Jhip-tiumey ; and the pro- vince of MaHachuffets Bay now ftands in the fime fituation in behalf of the rights of all thf peoflt in America, as Mr. John Hamden did for all the p(ople of En^and in the lafl century. I am as mud i for the obedience of the people in America as '., can be againit their illegal opprefllon. I would wifh tq be as far from wilfully (hutting my eyes, and thinking all the people of the colonies faiiitlefs, as I would be to give up my reafon, and helieve ^hofe incapable of miHake who exclaim {(> much againft them. I am equally- afraid of being mif- led in the mifts that- are raifed by violcice or in- tereft on either fide of the queftion. I contend not for men's prejudices. It is the rights of my fellow fiibjeds in America that i only mean to defend : and thofe rights not fuch as are of vague and uncertain interpretation, but fuch as the Englifti conftitution makes the unalterable pro- pert)' of every man that lives under the protect ■-m lia ■;l r cion of its laws. And if the people of Engltmi^ SiotlanJj Ireland , or America^ are ever to be taxed without having, or the poflibility of having, any choice in thofe that impofe the taxes upon them, they are no longer the fubjeEls but the Jlavis of government. Our conflitution as efta* blilhed by the laws, is utterly repugnant to every attempt to divide the right of taxation from the privilege of reprefcntation. And could any pre- tence ever juftify the ieparation of thofe rights with a part of the fubjcdls^ the fame reafons ' would hpid good with the whole. Thefe are rights fo effential to our conftitution, that they make a part of the rules by which the legifta- ture itfelf is bound to walk. And it can -no more take away the provifion the conftitution . . has made for the fecurity of the people's proper- ty, than it can the known privileges of the peers or the prerogative of the crown. The legifla- ture cannot trrn our government into a republic^ ho more than it can into an abfolute monarchy^ Rights therefore there are that ev^n the legifta- ture cannot afllime,' regulate, and return to any part of the people at its pleafure. . v - ■ - / . A *ort We Ihall now enquire what provifion has <2/- ▼irwr of the \ . 11 profUceof ftady been made for continumg to the people, tn^t -.Si^V-Jf are / ■ ■ '■■ .>t 93 ) :,..■■.•• afe gone to Ammca^ the rights they poUelTed in Ma/rachui. their mother country,* and for fecuring their [!"«"*« fubjedtion to the fuprcme government, upon an ncnt. *" '* equality with their fellow fubje^; mGr eat Britain tnd Ireicnd. Forthisendwefhall takeafhortview of a few palTages fclefted from the hiftory of die fiirft fettlements in New-England^ and of the laws and a^s of (late made for the eftablifhment and government of the province of MaiTachuflcts Bay, and confider the rights of all the other co- lonies as (landing upon the fame ground. ^ 't y'l The reader will fee what gave ri(e to the p, jj. New-England fettlements, which firft took place in the year 1 620. And the colony of MafTachuf- p. %6, .iets Bay was firft formed in the year 1629 of p-39' people that fled from the hands of opprefTion in England to enjoy liberty of confcience in Americai They were thtn empowered by the authority of p- 40. the crown » to cleft their own governor, deputy ..^„ governor, and magiftrates, and to make fuch laws as they Ihould think fit for the good of the plantation, not repugnant to the laws of England, M .^ In 1634, th? regular exercife of govern- p. ^4. ment begins to appear. But the j^ople to ? : ;- • . : - v whom ' f 94 1 ' i^^nom thcfc rights were granted— the freemen^ :'yere already fo increaiicd that they cduld not *^^if»cet together to debate and determine matters of ^ (ionrinion concern. And therefore by neceflity they devolved the powers and privileges that be- longed to the whole baly that could not af- fcmble, upon a part of their number that could: I'his was Hot provided for in the charter, neither was it necciTary that it fhould ; the ancient laws and charters in England had likewife granted the privileges t6 aU the people $ and if an hundred men chofe to truft one to do their bufmefs in the Icgiflature, it was the fame thing to the prince: tvith whom thefe privileges were fettled, it V7as thd • fame thing to the people that enjoyed them; The end was mutual good^ to the prince the fupport of his government, raifed with the con- fent of people •, and to the people protedlion: Thus we fee it was with the firft fcttlcrs. of thei colony before us ; they cduld not have tht pre- i^nce of their prince, and it was unneceflary tol burthen them with the whole fyftem of their country's laws ; to be all at once in full force and virtue, had all the laws of England been en- > grofled in their charter j they could only have ufed what would apply to an infant {late •, and . therefore with wildom becoming the finiplici ty cf . i 95 1 ' • of times Icfs refined^, they had the whole lawj of their mother country given them for their rule, and it was left tO' themfelves to apply them as necefTity and their growing wants re^ quired. Still the King was their fupreme go- vernor, for it was him with whom tlieir com- pact was made, and by thus pointing to the laws of England as their guide in America, it was the fame thing as if both King and people had al^ fembled upon the lea fhjore, and the one had fworn to govern them according to the laws of the land, and the other to obey him in America as fubjefls within the realm. m ) / ^' "Agreeable to the pattern Ihewn them by their prince, did tlie people of this colony fettle their form of government. Or in Mr. Hutchinfon*s words, " Thus they fettled the legijlative body." And was the government of this colony under- ftood to be kgijlative in the year 1634 ? Certain- ly it was, and the people were as much bound to obey the laws made by the legiflative body, and adminiftercd by the governor and magiftrates in th« name of the King, as if they had remained fubjefts within the realm. Apd it is with admira- ble propriety Mr. Hutchinfon calls the govern- p. «. ment ' 'iiV. • .-■.><_ -^:- incnt of each province, the effigies parva o£ ikii mother ftatc. Could the gove; ament of this c6- i lony be legtjlative, and thus exaftly rcfcmble thd ^. government of England^ and not poflefs an cxclu- Jhe right to tax the people of the colony ? If they are not in poffefliori of this rigkt, how can their legiflative bodies be faid to bear th^t re- ' femblance tc their mother country, Mr. Hutchin- fon here fays they did in the year x 634 ? If the people's reprefentatives in the legiflative body of each colony, are not inpofleffion of thcy^/p and exclufive right to tax thofe they reprefent, inftead of their being the exaSI refemblance of the go- vernment of the parent ftate, they arc not only unlike it, but totally the reverie, and that in a point of no Icfs importance than the power of difpofing of the property of all the people. > p.>s. But certain it is, that the legiflative body of thfc tolony under our immediate confidcration, did not only refemblc that of its mother- ftate in de- Jign, but in truth and indeed. And accordingly we fee that it began to exercife its authori- ty after the very fame manner j and amongft many other valuable papers preferved in Mr. Hutchinfon*s hiftory, wc have a ftatc of the pro^ portions that the aflTcmbly of reprcfent»:tive$ of the ihc whole people 'agreed to charge their feveral conftituenrs with, towards the fupplies required by their government in the year 1642. No provifion was made for this in the charter, the . very nature of their legiflature implied it. Their property was made facred by the government uri- xier which they were to live, and it followed of courle that they were to fupport the power that protefted them. Arid this (late of the fup- ply, granted in the infancy of the colony, affords iio fmali proof of the neceffity, of their ever be- ing taxed onfy by their own reprefentatives. — One divifion of the colony we fee is charged with one hundred and twenty pounds to the fupplies, whilft another is made to contribute ho more than five Who could know the juitice of this, but thofe that knew every part of the province, and all the people in it, and could re- ' prefent their real condition ? '"^y<^xrn^' /itinisi-r^ The form- of government given to the firft fettlers in the colony in the year 1629, co"^-' tinued to grow up in its refemblance to the rule laid down to them till the year 1683. When the King was unfortunately advifcd, ' ■*'' to aflume the legal and ancient rig-hts of his fub- jeifls into his own hands, his ininiiltTs juftified 1 . ^- •' H thiir ' .1 'M iii i [ 98 I i:' their mctfures to the nation, by pretending thaC k was flctcffary for the lupport of govermenty and the good 6f the people, that their charter* fhould be net^r regulated. And as the reforma- tion was intended to be general, they began with y thofe firft, whofe attachment to their antiquated ' ^ fyftems appeared to be the ftrongeft, that the in- • fiuence of their example might occafion lefs trouble with the reft. Accordingly we fee in **• 4*- the year 1682, the fteps that were thought ne- ceflary to be taken againft the charter of the city of Londotty and when luch as ftood foremoft , ' ' in its defence were feen to come of with the worft, they that could "not think fubmiilion their duty, ' faw it was their fafety, or found it their intereft ; and a majority of the co^rmon council of London were of an opinion, that the rights of the people would be much improved by the hands of the minifter, and accordingly refigned their charter to be regulated by thofe that fc.:nd fault with it. An account of thefe proceedings, and the furren- der the city of London had made, accompanied the declaration lent againft the charter of the in- fant colony of MaflachufTcts Bay, and the go- ^ vernor and mnjor part of the afliftants defp^ring , of any fucccfs from a defence^ rcfolved alfo to give up their charter, and their relblution laid a •' . . '. fortnight fortnight for the dctennination of the teptts^ fentatives of the people, when we find the poor farmers returned this fhort anfwer^ Tke deputies confent net. But five years after this, we have the fatisfadUbn of feeingj their mf Jily relblution adopted by the hotife of rommons, who refolved that the- proceeding againft the charters of the cities in England and planta- tions in America^ and the furrender of thofe charters, was a violation of theif ancient rights, . illegal, and a grievance. And in the year 1690, by the ad of the fecond of William and Mary," the fenfe of the whole legiHature is exprefl^d in the following words, " That the judgment and proceedings azainji the charter ef the city of London were illegal and arbitrary. A judgment at law had been found for the forfeiture of the citfs charter y but the colcnfs charter was declared forfeited only for want of appearance, which was required at Wdlmimter before the notice reached the colony, fo that they had not the op- portunity the city of London was indulged with, of hearing the charges againft thefn, and appearing in their own defence. If therefore the proceedings againft the city's charter was il- legal and arbitrary, thofe againft the colony were ftill more fo, and confequently they had an V , . . equal p. 51^ p. 54 .(jsax^t; \\\ I I / I \ rocv J ^qual right to the reftoration df the privilege* taken from them. But though the rights of the people 'were pronounced by the two houfes of parliament to be tqualiy violated, yet thofc of the plantations were at a diftance, when their feU low fubjeds in England received back their for- mer privileges, from the hands of the Prince the Revolution had given them. And the poof people of the infant colony, who had nobly re- fufed to furrender their charter, to what the aft of parliament calls illegal and arbitrary proceed- ings, were left to (land alone againft the power of the Grown, and make the beft bargain they could for themfelves.- Subftance of the co- The privileges therefore granted them by th«r Vozifi p"I charter, could be no other than what in com- and'remwks mon juftict they were thought intitled to as '^°* fubjefts of the fame government, upon the prin- ciples of which, the legiflative body of the colony was fixed in the following manner. The crown appoints the governor, the governor calls the meeting of the clTcmbly at any time he thinks proper, and adjourns, prorogues, and diflblves it at his pleafure. No ad of govern- ment is valid without his confcnt. He has the appointment of all military cfliccrs folely. And of p. 56. »- I lOI ] of die officers belonging to the courts of juftice with the confent of the coimfel. And he has his negative upon all civil officers that are cle<5l- cd by the two houfes. And no money can ifTue out of the treafury, bijt by his warrant, with the advice arid copfent of the council. The council is chofen annually by the alTcm- bly, and forms the fecond branch of the legiflar ture. And the reprefentatiyes of the people are eleifled by the freeholders who have forty fhHlings fterling value a year, and by every other inhabi- tant of forty pounds fterling perfonal efiate. Thefe reprefentatives again choofe their own Ipeaker to whom the governor has his negative. Thus are the three branches of their legiflature formed and completed. On which Mr. Hut- p. jg, ichinfon remarks, that the governor has no vote in the legiflature, and does not, or regularly fliould not, intereft himfelf in matters in debate in counil or in the houfe, but no act of the x)ther two branches is valid without his con- fent. On the counfel governor Hutchimon obferves, that it is ve-^) difficult to form a fe- p. 58. cond branch of the legiflature, analogous to the fecond branch in th-i Britifli conilitution : the colonies not being ripe !br hereditary honours, - otherwifc f'\ I ptherwife he fays, there feems no more rooqi foTi (exception to them there, than in Ireland. We have here the form of government given by King William to the colony of Maflachuffet* Bay. Before that prince granted this chartei;, he had reftored and fettled the ancient privileges of his fubjedbs within the realm, and now he came to confider thofe of his fubjedls in America,. It cannot be fuppofed that a colony that had on- ly exifted four and fifty years, ihould have any fiich weight with tl^e crown, as to obtain what was inconfiftent for the crown to grant. And as they were unaided by any other influencej than their own natural right to the common privileges of their fellow fubjeds, it is certain that the powers then given to the legifl^ture of the colo- hy, couJd be no more thain what were thought reafonable, juil and expedient for the King to grant them. And fo far from thefe things be- ing done in his Majeily!s dofet, in order to in- creafe the power of the crown, that we fee (p. 53.) the reiloration of the New England charters, was included in a bill that had pafled the houl'e ^i commons, and whilft it lay in the houle of lords, the parliament was unexpe«5ledly prorogued, tfie King going to Irefand^ By which it is ev;^' dcn^ ( io6 ] or landed in any of the colonies ; and if they can do this, the fame right extends to taxes upon land, houfes, or the head of every man in the colonies : fo that if the houfe of commons, can grant a duty to be coUeAed in the colonies upon any one article, it follows that they have the fame right upon every article, and the powers granted to the legiflative bodies of the colonies, becomes merely nominal fo far as relates to taxation ; as they can have no excluRve right in that, which another may interfere with at pleafure. And the people ip the colonies who are l)ound to render obedience to the a(5b of their own legifla- ture, becopie amenable to 4 double legiflative au- thority.— -Government at home hears of the deligns of its enemies to attack Amerka, parliament is aficmbled, and the houfe of commons grants additional duties to be raifqc) in the colonies tp pay for their own defence. A^ ^^ f^^nc time the colonies are furprized with the appnearance of the enemy, the governor, calls the aflembly, an,4 alks for an immediate fupply, (as we fee by the. very laft accounts from South-Carclina the gover- nor of that province had been obliged to do) by this means, as Toon as the ad of parliament rea- ches Amprkay a fccond fupply mult be raifed for [ 107 ] ^he fame fcrvicc, unlefs a fiifpcnding power inter*, feres, to prevent the aft of parliament's being car- ried into execution till it can be repealed at home. This and many other perplexities would be the natural conf^quence of a double Icgillative autho- rity, in the conftant exercife of the fame power-, befides the numerous train of inconveniences that yvould ever arife, from taxes being laid by thofe, that were at fo great a diftance from the people who were to pay them. But it is faid again, was it left to the colonies a- lone to tax themfelves, they might not only refufc to grant their proportion, but even to pay any du- ties at all. But have not the colonies the fame ne- pefllty laid upon them to pay taxes, th^t the peo- ple of Great Britain have ? Do not they ftand as much in need of protection from foreign enemies ? have not they the fame occafion for fecurity in all their domeftic and civil rights ? And does it not follow that they cannot enjoy cither one or the otiier, if they do not fupport the government than alone can afford them both ? But it is faid ^he colonies know that the honour and intereft of Great. Britain^ will never allow her to fee an invafion upon any part of her dominions without (icfcnding them ; and therefor* they are fure jof pro- ^r r io8 ] protedlion from all foreign enemies, whether they contribute to the charge of it or not. But has not the crown, by the governor of each province, the fame opportunity of laying the fubjccis in the colonies, under an equal neccflity of granting fupplies, that it has over the people within the realm ? Certainly it has, and the colonics have the fame inducement at this day, to contribute to the fupport of government, as the people of £»- gland have had, ever fine? the firft fettlcment of the iegillature : the neccflity for doing it is the fame, and therefore the inclination may reafon- ably be fuppofed to be equal. Tiie p^opfe of Englaud would be as glad to keep their money in their pockets as the people in America^ could they enjoy the benefits of an exce]lei\t form of government, without contributing to the expence of maintaining itj but that being impofiible, it is not then a matter that inclination is to decide, but intereft and neceffity. And every fubjeft may fay, as Mr. Hamden is fuid to have done to the King, when his majefly condefccndcil to. reafon with him, upon his refufal to pay fo fmall a tax as that of Ship-money. He anfwered, if his reprefcntatives thought it neccflary tliat he fhould give one half of his ellate, he would readily part with it, if it was toprotedt him in the fzfc enjoy- " Enjoyment of the other half. And if any thin^ is to be taken from the colonics, without the eonfent of their own reprefcntatives, then the people can no longer know the purpofes for which the aids are required of them, and if tliey do not choofc thofe, that give the authority for taking away part of their property, then they hold the remainder by mere grace and favour : for it cannot be faid that they have any property in that, which anotlier whom they have never fcen, can grant away at plcafure. And if the houfc of commons has the right of granting a fingle Ihilling to the crpwn, to be raifed by a tax to be coUedled of the people in America^ the houfe of commons has an equal right to difpofe of any other proportion of their property ; and therefore the people of the colonies have their property no longer fecured to them, in the man- ner our conftitution intended every fubjed fliould have •, as they cannot be faiJ to hold their poflelTions under the protection of the lav/s, when they have not a fingle voice in making any one law that affedts their property. If the power tiierefore of taxing the colonies, is in the poirefTio!! of any other hands than thofe of their own chufing, if it was only to be exer- clfcd wm r no ] cifed in a finglc inftance, ftill it miift follow that the fame power reaches to every confequerice hert afcribed to it, and the whole property \)i all the people in the colonies, is as much at the difpofol of a power totally independent of them,' as if it could be taken at the will and pleafure of a firi- gle perfon. Thofe whc hffve been born under the influence of our government, and brought up in the principles our laws make known to every man ; cannot furely wonder at the relu6t- ance of any part of their fellow fubjecfh^ to grant fupplics or pay duties thus laid upon them.' But fuppofing it is now admitted, that the peo- ple in the colonies can only, by pur conftituticn< be liable to pay the duties laid upon them by the reprefentatives of their own choofing, by adis of the kgiflative body placed over each province, and that the lioufe of commons cahnou grant a fhilling to be raifed from them : The vote of the houfe of commons, palTed by the lords, and aflented to by the crown, is the ad of the fupreme authority j and if the colonies are thus placed out of the reach of one ad of tlie fupreme legiflature, they are independent of them all. And if they are independent of th« whie legiflature, they arc of courfc independent of i HI ] ^f every fart of it, their total independence tuii- voidably follows, and the colonies can be no longer under any kind of fubjeftion to their mo- ther country — to the fupreme government of all the dominions of the crown. ( We have already feen fVom the firfl planting of the colonies, that the conftitution of England , was made the mocfel of their governments, the laws of England were to be their perpetual rule, and we have feen from the firft dawn of their legiU tivc body they walked by iti — The Free^ men chofe their reprefentatives as in England^ and tht / taxed all the fubjefts ; an upper houfe "was formed of counfellors^ and the King was at the head by his governor. Now it is faid, be- caufe this is their form of government, that it follows they muft be totally independent of the fupreme legiflature. Pray what was the fituati- on of Scotland before the articles o(- anion were made with England \ Had not the two nations one common fovereign for many years ? and did i\\2 King, lords and commons of England tax the fubjedts of the crown in Scotland ? By no means, they were taxed by their own reprefenta- dves, in their own legiilaturc, at the head of which the King appeared by his high-ommiflion* ftcr, c 112 1 P. 56. P. <5i. 'etf as ht docs.it this day by the g<)VcJ-nor of i colony. ^,.. ' , But wc need not go fo far back as the aft of Union, to find a people that will not allow the fupreme legijiature of Great Britain^ to alter a (ingle: letter in a law to tax them j and yet are no more independent than the people of the colonies. Irc- iand is fubject to the fanie fovereign as America. The people in Ireland thdofe their own rcprefen- tatiycs, fo do the people in the colonies. Thd people in Ireland are taxed by their own reprefen- tatives, fo have the people in the colonies been ever fince their firft fettlement: The crown ap- points the lord lieutenant of Ireland — Th6 crown appoints the govemors of the colonies^ The lord lieutenant calls the meeting of the le- gifiative body in Ireland. In the colonies the governor calls an alTembly when he thinks pro- per, and adjofurns, prorogues and diflblvfes it at his pleafure. The Irifa afts are fent over to be allowed by the crown. — The ads of the colonies are the fame. The reprefentatives chofen by the people of Ireland^ will fiiffer no duties to be col- leded from the people but fuch as they grant their.felves. And the reprefentatives chofen by the people in the colonies claim the fame right. ( "3 ] ^ ^he peopk vf the colonies left their nathi country with the firongejt ajfurances^ that they and their p. 63. pojierity^ Jhould enjoy the privileges of free and natural born Englijh fubje&s. And now they zjf contending for a privilege, in tl^ poflefiion of « conquered peopjie under the fame jgpvernnient wi^b (hensielyps. ■.sf. .!':.vtly th»t ^9s to tax them for the futwrc;, aiid tflcir proportion of taxation, was made the very mcafurc by which that of their reprefcntation was ifettled. The colonies are ifar from having been fo long in poffcflion of the fame right of taxing thcmfelves, but they have been longer in pof« feiTion of it than any man*s knowledge goes to the contiTiry; and thfe people of the coionies cap fay in vindication of their right, what cannot be proved by England, Scotland or Ireland, that they have been taxed by their own reprefenta- tivcs ever Hnce they hdve exifted. At\d moft reafonably was that rig^t allowed them from their firft fettlement, foi* the intimate relation that our conftirution ever fuppofes, bet^^eenr the people' and their rcpref^ntatives, could n:e\i5er have been prefcrvcd at the diftance the colonies were placed from the feat of the fupreme legiflature, and' the intercourfe that the very nature of things fo frequently require, between the member and his conftituents, could never have been carried on between Enghml and America \ as every day's bufmcfs fhews, it is often of the utmoli impor- tance to the people, tliat the member fliould be able to reprefent their condition to the very day he is fpeaking, and to tell from their own mouths Vi eiTcj^t an ad will produce upon them, bc- '■■ ■ ^ ■■ ^ ' tween I ii7 1 ■ \ ■ .:■...■'•>■•■•'■■ tween the time of bringing in si bill, and its paflln^ into a law. . t *^' ' -» .J ^■J.JV Thcfc and many other rcafons that will ever remain, mult have appeared when the govern- ment of the colonies were hrft made legiflaiive ; and to be legiflative over the people, and not to poffefs the exciu/Ive right of taxation, is contrary to every principle or our conftitution — to all the laws that form it, and to every fubfeduent aft of the fuprcme legiflature. Wherever they, are found, they fpcak the fame language. When- ever taxation and reprefentation have been the obje<5is of parliamentary confideration, we fee its wifdom diiplays itfelf always in drawing the fame fteady conclufion — that theie were rights never to be feparated — that never could cxift apart. To be taxed and not reprefcnted, parliament ha? , . --■'.• ■-.•■■ »i always confidered as oppreffion, and whenever it has come before them, they have abolifhed the tbke for ever. Not by holding out an ideal and virtual reprefentation, but by giving rhe adlual choice of members, to reprefcnt the real condi- tion of the people, who were taxed and not repre- sented before. 'f tween But it is (did ;hefe very z^s prove, not only r ^. [ f.8 ) tlic njght of the Icgirfatiire to tax wfiole diffri^i that have no rcprcfentation, but they alfo provtt the cxcrcifc of tliat right, till the time the legiQa- ture was pleafed'to give thenrthe choice of repre- ifentatives j and as tRefe were a6ts of favour, the Iegi(lature might have continued to exercife the right, without ever granting the privilege. That in the cafe of the county palatine of Cbefier, the inhabitants petitioned K!jng Henry VI. as early as tlie ybar 1450, to grant tliem representatives to all future parliaments, " that they might fee no a5is were made to' the hurt »/ the inheritors of the faid county: of their bodies, liberties^ franchifes or pofjefftons.** But this privilege was not granted them tiir the year 1542-3, neaf an hundred years after, during all which time me parliament's commiriioners did not defift from levyirig the par- liamentary taxes?, as appears By their fccohd peti- tion, recited in preamble of the 34th and 35th of Henry VIII. Therefore the parFiament may tax the Colonies, till they are aflowied to find re- prcientatives to i^\t lupreme legiflature. The inftances produced of eXtcnfive diftri(5ls* of the fubjecfls being taxed without reprefenta- tives, are thofe of the principality of rVales, the counties palatiiic of Chejltr and Durbuni. And ■what i m ]i what was the interpretation of the legiflatnrtf ih all thefe cafes; of the eights of fubjeds by the ^ngtijh conftitution P It was fouiid tha^ the peo^ pie in thoie diftri6ls were taxed and not repre^. fenced, and tUe langu^ of the kgiflatur^ js the farpe to them alL-»-If yoU. pay. duties and taxea^ it is your right to be reprefented, and partake in the choice of thofe that lay them upon you, and therefore we grant you reprefentatives to all future parliameiits. It. is true parliament migl>t have refiifed to grant this privilege, and con«^ tinued to inforce the payment of the duties : but- before this could have been done,' it fuppo&:s the king, lords and commons^ to foi^t thfe fix&^ principle of every fenator,* H^ith&ut fupice n^j government can be maintained: And ifwetrud/ to the hiftory of the nations whofc fun is fdt, tl>i$ , inaxim muft ever hold true-, for wherever we - difcover repeated inftances of partiality and in- j, juftice, from a government tjo a part of its Tub- » jWts, we fooh aifter find the whole are taught to^ fefift or trample upon its authority. Thefe a«5ts therefore before us, are equally worthy of the le- gi(iature that made them, and of the principles of the conftitution on which they are found- ' cd. And are thefe afts produced to fupport the exircife of a porwerj, againft the gen,Tal rule laid dowA' r ) 1' I i II. I' • • doim (yy the eonftitmioiiy becaufe thde iniialK$e» trere exi vr:\t "fji' '. - tieCenfeof Thtf right ffl cfloofing reprefentatives given tor tureonthe all thc fubiedbs, by charters and the more ancient rights of the "* * (ubjcfts ftatutesw are too plain to be miftaken •, but were within the * mimandin they liable 10 be mifwndcrftood, the fubfequent a£ls c^ thc kgiOatiue fufficiently explain them } aftd (he a^s for continuing the rights of the people gone to the colonicsy are ifi inter^ woven with thofe made for preferving the rightf of the fubjefb within the realm^ that it is im^j pofllb^ to feparate them : and they lye eonfidered upon ali occafions with fuch an equality, thac any exprefllon of difparity at this day, is a direct; tontradiiftion to repeated a^s of the fuprenie legiflature, • .-1 \S0^Wm r'.i,'fij[»7 • ii^rnqy llil3-' .^..:^ In the year i535y thc tnjuftice done to Walts^ in levying duties where there was no choice of reprefentaftives, was done away, . ; y=j,, t>r!A Iff -'•.\i *:ir;,^ >>j f v? ' v ■. tn 1542-3, reprefemation was united to tiit- ition in the county palatine of Cbefter. r fj***^ vfk ■•'••^■»- -op"* ♦ r '■vrfW *^!f--V| fit- in 1628-9, the crown gave a charter to the Arft fettlers of the colony of MalTachufiet's Bay t impowering them toeftablifh a legiflative body^ and to govern the people by laws agreeable to the laws of England •, and that they aiid their pofteritf fhould enjoy the privileges of free na- tural born Englilh fubjef^s/ . In 1634, they began to cxercifc thofc privi- leges, andtpchoofc their reprefentatives. ^'*^^> In 1641, thole reprefent^itives taxed tKe pe<^lc •f the colony, according to the ability of the different diftrifts of their ccnftituents. ■'■■■■ -rln 1672, the privilege of the conftltutlon was confirmed oy the kgiflattire to the inhabitants of the county of Durham, and becaufe they were liable to pay duties, they were equally concern- ed with all the other fubjefts of the crown, to choofe for themielves knights and burgefles t9 rtprtftnt the condition of their county; P«4S« '.*t .-♦■. • - w A^J^.Vi hi I I 'J I ?* f 'I .'>4 r I^ ] . In ,16 $2, the charter of the city of LonMon, was taken away^, and wjih , it fctl thcin ri^ht d choofing their own reprerentatives. In 1683, the charter of the colony lof Majfa- *.4. '. '"^i ! <»' '!i 0^? In 16S8, the hpiriepf commons ui^animouO); rerolve4f :that the taking away ; of charfefs waa' a violation of the people's ancient fi^kUji was iJlegal^ and a grievance. . ; In i6S9,_ abill pafltfd t|ie,hp\ife of .cpmmonrf for reftoring all the charters, in which the NetO" And in the fame year the liberties and priyi5- leges formerly poffefled by all the fubje(?ts^ were" by an aft of parliament, declai'di to be their fight for ever; ^^j ^'.^^gKH^^^^ i^r^^d I^miit^ < " \ .' ... Hf. . "-,."■_■ 1 . . I . , ■ . .- «• ■■ . ^ ' 1 .*4#»j V -» --i * fcondufion We havc here the repeated opinion of the le-^ giflature for the courfe of an hundred and fifty < years, and all their afts fpcak the failie la^gjiiagc; whether they relate to the colonies, or to the peo-; pk within the realm, the voice of the legiflature t m f Is ftill the fame. Tht privileges given to' fife' ))eopIe that went to Americay arc a copy of the fhore ancient rights poflimed by thofe that re- mained at home, with no other difference than was neceflhry to make them apply to their fitua- tion and diftance. Their perftcutions have been as fimilar as their prrvileges, and the fenfe of the leg'i/lattire is alike in both. And when parlia- ifnent itfclf was borne down for a feafon, as foon as it Recovers its force, we fee it holding out the fame protection to the rights of the people in A- mtrica 2A thofe in England. The periods at which reprefentation is united to taxation in England^ ai'c intermixed with the times of allowing th6 fame privilege to the people in America. And the exercifc of thefc privileges in the colonies, exaftly c'orreTponds with the ufe made of them at home, and the whole of thefe afts are one uni- form comment upon the conftitution, that cr* dained wherever its influence reached, that to Choofe reprefcntatives and to" be taxed were infe-* parable rights. The ancient charters and fta- tutes that form the limiits of every branch of our iegiflacure, have fown the feeds of reprefentation and taxation upon the fame ground, and every Ibbfcquent ad has tranfplanted them togetiitr -, ani r ■ Si ii HI i 11- ft f .»4 J ■ and wherever wc meet with them, whether if is in ^ales, CbeSiery Burbamy Scotlandj, Ireland oi* the Colonies^ we fine! thofe kindred pUnts grow- ing up in each others embraces i and by repeat- ed iaws^ the hands of the leginature have twilled cveiy fibre or their extended branches together. And whcjcyer attempts to feparatc them. His labours ultimately tend to raife the funeral pile tJi the conftitution. For if ever ah cxtenfivc diftritt of the kin^s dominions, is to be taxed by any other authority, than the reprc- fentatives theii- Icveral coriftitutioris have ^iven them tjie right of . choofirig^ it deltrcys their ftrc ngcft motive cr union,' and the ftate mull become wtak, in proportion to the confequence of that part of it, that is denied the free com- munication of thofe privileges, that are ihe life,' Kealthj* and itrCngth of the whole body. And probably it would not be fo fatal to the ftate^ was the right to tax themfelves denied to the whole peop'lc at once : for then every man would feef himfelf iri the fame fituation with hts fellow fub- jed in any other part of the dominions.' But when one diftrid is made to fubmit to an abridg- hicnt of the general rights of all, whether it be t:otland; Ireland or America'^ the people of that d'ftriei" I 125 3 diftri^ are immediately marked out, as aliens to (he common wealth, and their fubmifTion would be their infamy ^ not only in the eyes of their fellow fubjc^s, and all the world, but in their own eftimation : every man amongft them would perpetually carry about with him, a confcioufneft hi his beirig degraded beneath tlie equality of all his fellow fubjefts, excepting thole that were guilty of the crime of living in the fam^ part of the doqiinions with himfelf. Had fFates^ Scot' ^and or Ireland, never known what it wis to be taxed by reprefcntatives of their own choofing, {ince£«^Aw«/wa8 the feat ofthefupremc authority, they probably might have been concent by this time, to have been fwept in with the Ifle of Man and the Eddeftonc-rock, into the general repre- ientatron of the legiflature, as the head of the •whole ftate. But allow any one of thofc diftrifts, an hundered years poffefllon of all the rights of the fubjefts within the realm of England, and then try the experiment of taxing them by an affembly wherein they have not a fingle voice. Alk the firft Weljhmdn, Scotchman or Irijhman you meet with, what would be his conduct upon fuch an occafion—what would be his fubmiffion , tji lit law.ty was made, in which neither himfelf ''I ill ii lit t '«6 1 pr a fmgle man in his counpy h: "" Now allowing human nature to be the fame in j^mrUa as it i§ in Europe, and every man's pwn leeling^ in the piother cou(itry, will tell hitn what ^*'ofc arjc likely to be in the colonif s. The peopje in /imerica, and thofc of England-, H^ales^ Scotland^ and Ireland^ rre fons Qf the fame coni;: mon forefathers, they ^re therefore the commorj heirs of the fame i Ights and privileges. Thefe were confirmed to them wiien they firft left their native country to fettle in jimerka. The ri^lits Lhey inherited ?.s fubjefts were declared to be ^he perpetual poflefnon of them and their pofte- yity ^ and they rece'ved the declaration of thofc rights from the fame authority, by which the fubjedts within the realm, hold their' privileges |p this day. They therefore left their mdtheV coun- [ ^^7 ] PQuntry, with her laws in their hands: with jhcm they rrofled the unfrequented ocean, and (entered the wildernefs of Ameried: the fatigue and dangers of the day, received at night the confola 'on, that the fruit of their labour was their own, fecured to them by the excellent fyf- tem of their country^s laws : under their protec- fion, every oian cleared his ground, ib wed hi? feed, and reaped his hard earned harved: : bu% toil Was fweetenM by reflection— Here is nny . charter, a t!:anfcript of my country's laws, that iCays ',/ / V -^^rty is my own and my heirs for ^vcr; ioiong as England^ my native country is free, no power on earth can deprive us of our own without oui: owa confent. Upon this foun- dation did all their labours reit : fecurity in the poiTeiTion, quickened induilry to acquire, and Autumn found a fruitful plain, where winter left a barren \yildernefs. Till the time at length «:ame, when the legs.; rights of the people in En- gland and thofe ir ^&;?r/V prefuppofes his knowledge of them ; and this prefumption arifes from the pcjjibility of his hav* ing the choice oi a reprefentative, in a part of the legiflature that made them : zndjirangers and foreigners are '^unilhable for offences on the fuppofition, that they might have known from the people they were amongft, the aftions that \Kcre criminal before they committed them. But v/hen a body of fubjeds were about to fettle a colony, feparated by an ocean of four thoufand miles extent, it v/ould have been inconfiftent with common fcnfc, to have fuppofed the peo- ple there could continually receive this know- ledge of the laws, without the leaft.provifion made for their beii^g communicated to them* Therefore it was, that the government of the colonies, from their firft fcttlemcnt, have been made taadc Icgifladve for all tU purpofes tf internat, government: one of the m(^ eflential parts wherc^j. ©f, is that of taxation, the power of difpofing o£, the property of the people, governed by that legiHiciire, whofe laws the fubjetEics ai the colo« nies are bounJ to obey : and they never can ba fuppofcd to know any other laws wUhin the ju* rifdidion of their own government, than thofe that are made by the legi(tati\'c body placfcd over them, in which the people have their (hare, by an t^m\ choice of reprefentatives. Ahd the colonies continuing in the pofTeffion of thofe pri* vilege«, and being thus governed, no more leads to their independency^ than the pofleflion of the fame privileges leads to the independency of Ire* land. They have equally been accuftomed to cxercife the right of choofing tlieir own rcprefeh^ tatives, and of being taxed by them> in the fame hianner as their fellow fubjeds in England, Scot - kndi and fVales; and yet notwithftanding they are ho more independent than thofe, ilill the fupreme kgiflature regulates every part of the empire, as llie thinks fit for the cood of the whole : fiie can refirain their trade, command their fhips to enter no other ports than her own^ where fhe lays what duties Ihe plcaies ; rnd befides this and much more that fhe has the right, as weU as the power M :l! power to do, the y, loh exer^tive part of the t\i* premc authority .i j. f'rr,t r.i the goveritmcnt of each rf her inni .^ cndei .ies; *hd as a ftill farther fcciH-ity for their fubjedion, rtone of their laws, however ncceffary, however wanted, can take place amongft them, without being allowed by the.Cfown ilfclf^ • ts^ii^^'^tui ';^l>^4 r^'k^U-i^pA ^M<-^r nrji^ -.-v-i" ^^■.- ■•;■ ' ^ . . ■:• - ■ Sat for the houfc of commons to grant away the property of thepeopje of Ire/and,OTo{ the peo^ pic itj the cqloriieS, over the heads of their own legiflative bodies, is to grant away the property of «hofc the houft of commons of Greai Britain does not neprelcnt j it is no part of the extenfive privileges of that hou!fcw This can only be done, by the feprefcntatives chofen by the people wlio are to pay the duty •, and this is one of fihole facred rules, by which the fupreme legifla- turc itfclf is bound to a<5fc And by whatever ifl£uence this right of the people is invaded, the fame influence may with equal juftice eredl our government into a republic, an ariftoeracy, or an abfolutc monarchy. I'hey are all equally inconfiftenc with tjic whole fpirit of our confti- tution, and the fetter of every law that forms ity unlefs there are ft^tutes that not only fpcaks the tOntraiy of thofc I have fc^n, but totally in- iswir validates / ^ f '33 J validates their authority. But till fuch arc madd appear, it mud be hcki, that the houfe of com?* moRs can no moKe g^ai^t duties to he ievied oa the ilibje(5ts in the evhnieSy than they am from the fubje^ts in Ireland y and ho pretence can be found to ixipport the exer/dle of fuch a power, bui wha:j: wijl equally apply to depriving them of any other right as fubjedtSf without then* ' .ow- ledge or confent, of that of the legifiative body^ whofc laws iDhey are bound to ol:>ey; and without which, by their diftaiice from the feat of tkt fu-i |irreme leglflature, it b impoHible they fhoiil4 lever be governed. And at^y attempt to make » ^iftinftion between the rights of the iubje^s iti the colonies atid thofe of Qreat Britain axi& Ireland'^ muft produce the fame efiefb in the ftate, as d6i:s of partiality in a parent would in a private family. Difcontent^ coEnplaints^ difuni- on, muj^ be the coniequence in both; and the jgreateft fecurity ^r the obedience of jAvt' IbnSi is the juftice of the father. An unduci^l and turbulent child may provoke the refcujiment of a wife and good parent : but a ftate can i)cver be vindictive without being unjuft. The laws punifh individuals ( ads of (late refpei^l commu<- iiities^ compofed of the innocent and guilty,; and if the dutiful, however fmall their propoi;- *> *fi i ! iffi [ '34 ] tlbny arc made to partake in the pnmlhmcnt only, due to the difobcldieiit, in that cafe tlw l>e^ fuhj^SIs in an cmpirev have more caufe to think unfavourably of thcjuftice of its fupretne autho- rity, thanyas of three times the extent . is, and a much flighter attack, on what they copfider as their rights as fubje£ls, is fufficient to fet aH, that is evil in human nature at work, and make them hazard any confequerices for ihpv, fedrcf*. And at this moment \^e have tlie gloomy prof^ peft of preparations making to enforce obedience ' on one fide, whilft oq the other vjt hear nothing but the demands of juftice. And who atw* the parties, in the difpute?. A people whofe rcl:- ^ 4 • g'"". 1 :9> [ I3« 1 • ^on, law*, ^rtd Idngiiagc are the fame, the com- mon offspring of the fame parents, brothers, friends ; thofe who know each others faces are fct to contend together, too probably at the fwordt point ; an4 for what ? — A qneftion of property — Whether thofe who itand as fubjcdls in the fame degree of relation to the! contlitutior^ of thdr government, ihall' ec^ually partake of its rights or notj and after the facrifice of a tl\ou- find.}i>TSi the quefl ion will be 'it the fame. And fhall this dreadful confequencc be hazarded, beforp there has b^eh time to give the cooleft and itloft difpaflionatc confideratioQ to the con- ftitutional rights of thofe dependencies ? It is not fufficicnt tha^ they are known in general, or that they are perfpdly iinderftood by the Hneft judges. I believe I fhall be juftilied in faying, that there are thoufands in the kingdom, wh^ ^hink the fubjei^ls in the colonies have an equal right with themfclves to be taxed only by their, own feprefehtatiye>, by the authority of their. o\K'h l^gillative body; and there appears fi.fiicient rCafbn^^ to thihk it necelBry for the peace of the n"rfti6'A at home, that. a little more time lliould be' given for Tibtiitning i clearer view of a qucffion, ' on which men's minds ardS fo much divided/ The unlavvfolrtefs of trie* acfc committed at Bofion, none can deny, and if reparation is not obtained^ ■ •''^■■■'- .", ■'. 1^: [ ^37 ] \>y the regular and due courTc of juftlcc, more effeftual mcafurcs would then have the app .-ba- tion of every good fubjec^. But to make the ^61 gf a few, the caufe of inflidling a vei7 ^verq punifhment upon all the inhabitants of a pity, and then immediately proceed to new mo- delling the legal conftitutlop of a whole province, and thefe mcafiires followed with the arm of power to enforce obedience to them, and all this done with a much greater degree of precipitation, ;han was fo (ately (hewn to an open aft of fo- reign hoftility, it is too probable all this will prodiice eflfefts in the minds of the colonies, that may lead 'o fhe word co^fequences. There can be no H from the hands with whoirt t]\c power of enforcing fubmlflion to thefe meafures is intruded, but the application will be made yrith the utmolt moderation and tendernefs. Stil} |iie colonies will think ^hey are to be gpverned iji future by force and not by juftice, when they come to fee in the journals of the aflemblv, by whom they think themfelves injured in their rights, that they are proceeded agalnft without the evidence that the fame aflembly, in the very fame feffions required, before they thought ihemfelves at liberty to confider as guilty, a fm- tflf individual within the realm, that demanded the ifij; 4 I: pr 138 ] ■ the right of a Tubjed: to trial and conv?(9:ion, before he was made to fubmit to any punifh- ment. He that will make the application of this treatment, to any other extenfive diftrid of the fubjedls with whom he may be more imme- diately Gonnedted, will be able to judge the re-r ception it may be txpedled to meet; with in /^ne- «<««.; If the people o£ England, JVaks. Scotland, or Ireland U'.iiverfally thought themfelves intitled to a privilege, in common with the reft of their fellow fubjcfts, and inftead of having their prc^ tentions examined and fully confidered, they were (hewn by the example made of a part, that the fubmifUon of the whole, under thefc QirGumftaji.- ces of difparity^ was abfolutely rqq,uiredi the, fame condvift that mi^ht be expeded from any. one pf thefe diyifioi?^ of t;he dominions upon fueh an Qiccafion, may be looked for in the colonies^ And. all that feel for their fellow fubjeds muft, wifh, thai mere time was pven for a clearer in. vefti^a^ion of their rights, before ibixe is u^'egi oa one haqd, and the conftquence too mu(^h to be, , cpjpecled, of refinance on the other. But till, the right of the hovife, of cor^nions, tq impofe, duties on the iqbjed:^ in America, is made ap-v p^ar by arguments of more reafonable ccnyidion,; than thole of foiw ; the evidence of the laws.^ 3.:t ■ • °t.'igcs' 4 • obliges me to give my poor fuffrage in fupport of the exclufive right the colonics claim, to be taxed only by the authority of thofe legiflativc affemblivis, in which the people have rcprefcnta-, tive: of their own choofing, agreeable to the de- fign of thofp charters and ftatutes, that gave this right to the common forefathers of all the fub- jedsof .the Englifh conftitution. And to a- bridge or take away from any part the rightl' given to the whole, appears tc lead as effeiftual-, ly to weaken and deftroy our excellent fyftem, as if the privileges of any other branch of the ilate was invaded. And m the fame degree that any part of the fubjefb may be obliged to yield irp their, rights, in the fame degree muft their motives of union be deftroyed. The privilege given to die fubjcfts, of liberty of confcience in the public woril7Jp of their maker, is of eternal ccnfequence ; but next in importance to this, is the people's right to form one branch of thelegi- flature,. that has the power of making lawi to afil'd their lives, liberties and ellates, and any diilinclion made in the free enjoyment of thole eflential rights, muft ever have a fatal influence op the harmony and wcll-beiiig of the ftate. If the fubje(^s of the fame government, may be fc- parattly conHvkred, by the diftricts they inhabit. 11 It ■1 ; f 140 ] Mngtand, Scotland, Ireland, and America art! thf four grand divifipns of the cmpirp. Arid to a^ bridge in any of thcm.^ the great arid general pri- vileges 6f them all, is to undermine one of the four pillars upon which the empire itfelf is buiit. And whoever is for denying to the fubjefts that inhabit any one of i^pfc divifions, a privilege they are *r:titled to, iri rommori with all the reft, muft either ^liftake the public gck)d, or not intend it. . Anions change pot their nature with the men that commit them', and any fuch diftinftion, muft ever be foiyid equally illiberal^ impolitic and pnjuft i i-f>d it matters not to which of tjie four, the rights of eqjiality are di^nied, it m\il| equally tend to difiinite, weaken and diftrefs the whole fta|:e. And no pretence can ever juftify any interruption to the great privileges of all the fubjcds, in any one of thefe divifions of the do- minions, and reducing them bcneafh an equality with the refi. The inhabitants of Ehglapd, Scot- Jand, Ireland, aijd America, are one people, they are all th^ free fubje^s of the fame government, and have one common .n»ht to all the fanne pri^ vileges > and this withovit any other diverfity in the a«^ual poflefllon, than is n«ceffary to apply them to their feveral .ations. And dmongft their many and great privileges, it has been madfe their t .4. ] ~ ■ ikeir unalterable inheritance^ to have the oppor* tunity of choofing their own reprefentatives^ and that all aids to the crown (hould for ever be eon- /idcrcd as the gift of the people. That nothiiig ihould be taken for the uie of the public withe Out the owners confent. That no tax or duty ihould be impofed or levyed, but of their own grant ahd good-will, or thofe whom they have chofen. Thefe rights have beeii made facred to the fubjeds of the Englijb constitution by re- peated charters, laws and ftatutes. And the le- gidature or fupreme authority, is bound to dif- peiiQejuftice,and decide the rights of the fubje^fts^ by promulgated fYanding laws, and can never have a power to take the whole or any part of the fubjofts property without their own confent. This we fee by our ilatutes, was the opinion of Edward III. after he had reigned five and forty years over England. ThiA thought Henry VIII. after he had reigned five and thirty years over E>igland and Wales. And after Charles II. had reigned five and twenty years over the whole kingdom, h& gave his afTcnt to an 2/^ to the fame purpofe. And after the re'/oKnion King William III. confirmed the fame rights to all the fubjefts of the crown. And in. all thole reigns, both houfes of parliair-cnc wer; uniform- r • " ■ ■ [ Hi 1 ly of the fame opinion, that reprefehtatioh ahd taxation were the infeparable rights of all th^ fubjc^ls of the Englijh conftitution; And froni the time thai the mother-country firft fcnt fort'tl her colonies to Jmerica^ (he gave them laws, nearer a kin to the laws of the realm, than the child is to the parent-, fhe gave her colonies the hvfi themfclvcs, fhe made them partakers of all the rights of Iier fubjefts at home, fhe fluted their government to their diftance, , and made each co • lony the effigies parva of herfelf. In this refem- blance, the prcfent charter of MafTachufets Bay, granted in 1692, Icttles the governiiicnt of thiit province. And to purfue the conduit of the fuprtme legiflature, we flill find them guided by the fame principle ; by this very rule we fee the articles cf union fettled taxation and reprcfen* lation upon all the people of England and Scot* land. And when his Majelly King George I. and both houfcs of parliament, declared the de- pendence of the people of Ireland on the fupreme leglllature of Great Britain^ unqueftioned was their right of being taxed only by the authority of their own legiflative aflemb.'y, in which they had tlie adtuai choice of reprefentatives. I'he fame is the dependence, the fan^e is the ri^ht of the colonics. And if this riglu of being . 1 ~ . ' • taxed ■ [ 143 ] ^ixcd by their own reprefentativcs can ti^'takrti from the people of America, it may be taken from the people of Ireland, U^ales, Scotland c- England. The laws have tqually made thcie United rights the unalterable inheritance of them all, and no pretence can juftify the dividing them in any one of thefe dependancies that will not apply to the reft The fame privileges having been equally given, equally enjoyed, and muft for ever remain equally the right of them all. And may the prefent, and all future queftiohs of right, only be determin- ed by an appeal to reafon and juftice ! and no other arguments ufed than thofe that are found- ed oh the laws, ftatutes and charters, that form the legal limites of every branch of the fupreme legiflature, and the rights of all its dependencies! May they all continue to pollefs thofe rights ! May they be preferved inviolate to the lateft pof- terity ! And fo long as the privileges of each of thefe dependencies, are equally protected by the fuprejine legillature,fo long mull alcgiance be their higheil intereft. The fubjeds of an empire, how- ever extenfive, all po^clfing the invaluable pri- vileges of the EnghJIi conllituticn, mull ever be united to the fupreme authority, and to each other, in the itrongeft bond of mutual aid. May ' ' ■ iLe r III i f 144 ] Olt great governor of the world, whole provi- dence throligh fuch a courie of ages, has tteeii the parent df fo many advantages to the people of this nation^ may He continue to blefs ttiem with uriiori and peace ! May thofe that govern, and thofe that obey, be governed by the laws ! May the fubjcfls of every part of the dominions juftly efteem their privileges^may they never abufe them ! And may thofe to whom the la- borious taik of government is committed^ re- ceive from the fountain of all knowledge, wif- dom to condud every public meafure for the public good I And may the itnportance or hiirry of their great employnients^ never be able' to make them forget, that they are fervants removir- able at plealure, and accountable to Him whd rules over all. 50^ » >♦ -■>^:, i'-y viViq-:^-V';' :or:n # » V. " .• i^ .^^' '.^•J4 &■ X>. #*• ^*t\ V>^ ■ \^ i\ ^t^ ::* -S:.^ I mam JFEW THOUGHTS b * • • . . . - ii A V E Ji ti 'T'HE three Origins of the right of (lavcry af*. -*• (igned by Jt^iniaHy is faid, firft, to arife from biptivity in war. The conqueror having a right to thfc life of his captive^ if he fpares that, he has theii a right to deal with him as he pleafes, | Secondly, llavery may begin; by one man's felling himfelf to another. And, Thirdly, men may be born flaves by being the children of Daves. But all thefe rights of flavery are proved to be built upon falfe foundations.* " Firft,^as to the conqueror having a right to the life of his '•{-si-m, L ■- . cap- J ' . . * , -J * By Judge Blackftone, B»! ■■ V , { 1 ■ ^ ' i i:;! I [ «46 ] captive, and if he fpares that, has a right id deal with him as he pleafes. But fhts is nolf true, if taken generally. That by the law of na- tions a man has a right to kill his enemy. He has only a right to kill him in particular cafes, in cafds >f abfolutc rteceditjy for felf defences And it is plain this abfolute necefllty did not fubiift, fince he did npt_kill him but made him prifoner. War itfelf is'juftifiable only on prin- ciples of felf-prefervation. Therefore it gives us no rigMt ovef" prilbners, but to hinder them from hurting us by confining them. Much lefs can it give a right to torture, or kill, or even to en- flkve '«Y^"fen6rriy Avhert the^ War is" <5fvdr. * Since' tlier^oi^^he eight of rhakir^ our prifoncrs flaves, depends :ftn"a fupptffed right of flaughter^ that foundation -failing, the Confluence that is df"awi¥ from-it mtift fail likew"le>-"'> 0? mgn /> r.^xfj a^M "■ '■'« To' ^*t!he fccond -right afligned for (la very, that it 'iiiay begin by ohe" man's felling himfelf to another. It is true, a man may fell himftlf ^o work^or .an:Di:hcr : but he cannot fc!l himfelf to be a'flave, actordin^'to the idea of negro fla- vei^/. Every fale implies an equivalent given to tlic 'feller, in lieu of v/hat he transfers to the buyer. But what equivalent can be given for life .J?v. M4? J lite or liberty-?. The pfite ^ith tKe>lUtec;him-'. felf would devolve 'i;>)^ faamiy his '' mtSxti. the inftant- he becomes his flaw; .^ In thi&cafe fch^re-^ fore the buyers gives nothidg «nd the^feller 're- . ceives nothing. Of what!) validity :.thcn ,C4h »> falc* be, which idcftroys tfie Vi^y pnacij)les.uppa , which all falcs are fpunded? And ias to .the. third, thatinifen may be born flavesj by-bcingi, the children of (laves. But. this being built on,., the tv^Q fonner rights iTjuft fall together with them. U' neither captivity, nor contrad, can by . the plain law of nature and reafon, reduce the ; parent to a ftate of flavery, much lefs can they ^ reduce the offspring." It clearly follows,,, that,; all flave holding is' as inconfiilent with any.'de- , gree of natural juft ice,., as the manner in which^f the (laves are 'obtained in 4^r/V^ is contrary to... every ,idea,9f morality or humanity.. Nothing, is more ceijtain than that the inducements given, ^ • to procure (laves ha? long b'jen, ami at this day, continues ta be the caufe of moH of the. wars ^, among 11 the unhappy, natives cf Africa. And - the arts tlut arc ufcd, and the temptations that, ' are offered for thofe peo^^k-, are tlie fq]Le, caufe * • of all that violence, that Jpreads horror and cle- , fointicn oyer the face cf this wrenched countt^^^ # tjiat otherwife might be at peace within itfelf. ■ •i \ m [ i4» 1 As a proof'of tMs 0wU prcfent the reader wicfe an extraft taken frDm the journal of the furgeort of a ihip ffom Ntut-Tarky on a voyage to thc^ coaff of Africa, ** The commandctr cf die vcf- fd feht CD acquaint the king, that he wanted a carg!» of (lava. The king promiitd to fumifls hinv and in order to do it, let oi|t, defigning to Airprise ibme town, and make all the people prilbners. Some time after the king fent hhn word, he had not yet met with the defired fuc- ceft : having attempted to break up two townsy but had been twice repuUed; but that he ftill hoped to procnre the numbier of flaves. In thia deiSgn he perliftedy tiU he met his enemies !!^ the field. A battle was fought that kfted three dayis. And the engagement was io bloody, that four thoufand firve hundred were (lain upon the rpot.'* This was only the triflinjg ebniequence that arofe from the innotent attempt to purchaie one cargo of flaves. But the harmlej$ condu(fb of the gentlemen that carry on this trade, diew» itfelf by a variety of eB-eds amongft our fellow creatures in Africa^ fuch as letting one party to fall upon another unawares, and carrying off men, women and children. Kings feizing upon their own people and giving them for tUc goods that are ofFered by the traders ; Others of [ .49 \ fif tfic natives employihg themfel^e^, whenever the temptation is worth the trouble, to (urprize and carry off their own couritrf men, going at Jiight without noife, and furroutlding lone cot- tages, and dragrng aWay the deiHcelefs faihify Co the place of fak : Others ftealiiig the little blacks whenever they can find them alon^ ofi the road or in the fields. Our (hips receive All that come^ the qucftion is only what they are worth i ltd aflc how they came by them would equally affront the trading knowledge of both the boHourabie pai^ies in the bargain. That theiip ^re the effefts of the trade carried on by the Eu- tcpeans on the coaft of Africa^ no one can deny ; |)ut ihould thofe who have not had the opportu- nity of being convinced of the truth, difptitc the faft, or think it incredible, that ChtifiUn ftatts (hould permit their fubjefts to be atithofs of fuch injuftice, cruelty and barbarity, they may find all $hat is here advanced ready proved to their hands, by men of other nations as well as our own, who upon the fpot were witnefles oi the truth of what %hsy wrote.* -■-;--;. '~ . ■ The • • Sec a Trcatife entitled Thoughti upon Slavery, by t!)e Reverend Mr. Wejley ; and the uniawfulnefs of flavcry ful- ly proved, in Mr. Hargravs'i argument hi the cafe oF James Eommerret a Negro. r [ 150 ] The degree of guilt that thcfc effetli fix upoi^ *\\tcaufes of them, muft hie kft to.every humane and honeft^mind to determine. 3uc guilt it cer- tainly is, and that of the higheft kind, whether it is tried by the rul^s of reafon, jufticp pr mer- cjy.rj And inftcad of the numbers that commit it being any dimiu^ition of the. crime j the guilt and thecrimii^b muft. ever fwell; in the fame • proportion. And thegreatnefy of the ftates, that permit their fubjects to Ileal, buy or enilave • their fellow creatures,, -can plead nothing in ex- , tenuation.of ^he puniljiment, when weighed in thofe fcalts in which all the nations of the earth are only as the duft in the balance. Th? firfl: confideration is, the proportion of this- trade that is car;-ied on by our own nation. Mr^, Jftderfon in his hiftpry of comrnerce fays, " E^ngland • fupplies her American colonies with . about an hundred thoufand NegAO Haves ,^ very year." That is, this number is taken on board our Oiips, but many die in the voyage, many in what is called fcafoning, and many more defcroy them- They that have known the joys that fpring from freedom muft count l.'fe in bondage a worth- lefs thing. They alas ! have received no foretaftc . - 'i of ■; M 1 1 I «5' ] of fwcet peace within, to aleviate their bitter por- tion of human woe._ They have found no Chrlf- tian hap.l to point the mind's eye up to the pure fountain of immor'tat btifs. No wonder that ftrangers to all future hope of joy rink Into dif- pair, and rather than endure the tyranny of Jielr enligltenea mailers, and wear out painful days and niglns under tlie yoke of flavery, they with the prcfumption of heathen^ rufh in darknefs on a world unknown. -V-W .!'■'■* Mfmm^i^^ UJli, Kia„\ixu^^t At whofc hands fli-iH liieir lives be requL-ed ? To whom is all this chargeable ? furely to thofe that are the occafion of it. It is the Buyers of flaves that fend thofe difgraces to the human race, to the coafl ui /Ifrica to fp read \yar, horror and death amongil the wretched natives. And fo long as the colonies vind pkniations find pur- chafers, Bri/iol and Lherpcd will find monfters that fiiall tear the children from the arms of their ftruggling mothers, and force away the daughter fiom the cries and tears of a fatlier, whofe wordilefs feeblcnefs and age, denies him the privilege of flavery with his child; and whilll the fupport of his life is torn away for ever from his ftrong affcdions, behold the poor old man bov*ed Xo the earth with unutterable grief, and his [& 152 1 hU expiring cries afcend to Heaven's high throne^ ill bitter accufations againil the robbers of all his. comforts ! And if we foUovr the furyiving vic- tims crols the Weftern ocean to America, wherq Ihall we find the tender pity that can draw, the angels falling tear, to blot out the record of your accufing fpirit in the World's great co^art of juftice. , Shall we hope to find this ge- nerous humanity in the colonies ? Where is the ground in the plantations that does not bear wit- nefs of the cruel tyranny cxercifed upon thofe that have been enflaved by violence, whofe love of Uberty and their country is as great as ever was felt in EngUJh b -afts ? How inconfiften^ is it, that the fons of liberty in America^ fhould be the authors of the moft abjed Jlavery, And hold th<;ir fellow creatures in chains of bondage, at the moment they themfelves are crying aloud ;or the liberty of laws that abhor every idea of fiavery ! O but the colonies exclaim, that the work of the plantations could not be done by white people, and if Negro- fjaves were not to be prvicurcd the bufinefs of the plantations would, be at a ftand, the whole trade dependent upon them would be loft, and the intereft of the plan- ters deftroyed ! And therefore you give encou- ragement, and reward all the arts of wickednefs. and mm and violence to make men (laves, becaufe it U necefTary to your intereft— .your conveniency re» quire? it. Was intereft and conveniency to be, the rule of right, I know no argument thai would not conclude as ftron^ly for your paying taxes whether . you would or no, becaufe it was the intereft— tlie conveniency of thofc that laid them upon you. The whole fpirit of the laws ot the plantations, for the governnifnt of the ilaves you mskc, proves the feverity with which you rule them, and you fay it is neceflkry to keep them in obedience. But there is not a An- gle plea that you can ufe in fupport of thofe laws, that may not be ufed with as much jufticc againft yourlelves. The whole language of the colonies at this day, teaches us to tiiink it a vir- tue to refift the power that would illegally de- prive you of your property. You make men flaves, and then contend for the reafonablenefs of your laws for punilhing their refiftance as the greateft crime. Therefore that very conduft which you make a crime of *:he deepeft dye for a black-man to commit, you hold up as the higheft virtue in yourfelves to imitate. It is by the aflions of men, not their words, that we are taught to know themj and he that makes a flave, or buys a (lave, and keeps him fuch, let him fpeak [ 154 1 f fpeak as loudly as he will for liberty, he himfclf IS the" author of the worft degree of 'tyranny. You, the colbhiesV that are the caufe of fettin^ • . . " . » . .',... . o brotlier to figKt agairift brother in Africa^ look back to the juft awards of providence recorded in the hiftory of ^ges paft, and fear leaft your fons i^ America^ Ihould be \yitnenes of a punifhment luited to their father*s crime. Are you taught to believe that He Who rules above /V a refpeftorof perfons ? And that the Creator of all things is not the common father of mankind ? If this is taught and believed in America, then your conduft is confiftent with your creed, and you may be fxped^d to go on in making; riches and flaves, and rule the tyrjints of yourfellowcrea.tures, and chaftifc their love of liberty with the iron hand of power. But if you belieye it true, that He who inade, you has faid^ " Thou (halt nei- ther vex a llranger nor opprefs him. If thou af • flid them in any Vv'ifc, and they cry at all unto me, I will furcly hear their ciy, and my wrath Ihall wax hot, and I will kill you with the fv.'ord.*' If you believe this, then you may think it your higheft intcrcil: to allow that liberty you yourfelvcs would wifh to enjoy, and no longer ehflave the fons of Africti, leaft your fons in A- ifierica fliould be vifited with the tyranny their fathers "Tiicwcd. ' '-' ^ 'i' Shall r Shall we now follow the courfe of the fet-i ting fun, till his n^dignaqt beams dart .down up-, on the blufhing Eaft, where new fcenes of guJly and woe are painted by the rapacious hands of Britijh fubjecfls, who bid defiance to every rule of natural juftice, and in the facc.of Hea-; yen violate all the laws of humanity. Unfortu- nately for the countries of the Eaft, and for the caufe of truth, that the evidence of the fads have chiefly come through the hands of the inte- refted, the accufed, or the guilty theniftlves -, and have been rendered fo voluminous, as to make it a matter of no fmall diiRculty to draw anyf plain and clear conclufion from them. But cer- tain it is, that the EngHJli fubjeds were firft receiv- ed as merchant^ into the countries of the Eaft, and allowed by the princes the privilege of trading with their lubjeds,and thus they continued till they were greatly increafed in number, wealth and power i and as occafion offered, they joined themfelves to the dilaffedcd natives, till by intrigue and violence dK7 acquired an influence over the prince who hud received them into his domini- ons. Soon after this they began to trade in war, and v»hen the numbers with which thicy wero joined, added to the ability of fuperior l"kill in commanding, rendered the ftrongeft fide ' ' doubt- L'.i .V I [ 156 ] doubtful, the prince's fears then feconded their demands of wealth. With this objeA in their view, they have been employed by turns both by the prince that poflefTed and him that afpired to the throne. But which ever fide they took, their motive was the fame. Gain was their ob- jeft— for this they fought— for this they nego- ciated. At the commencement of the late war in Europe, this mode of acquiring eaftern treafure was improved into a regular fyftem, and ever fince has been carried on with almoft equal honour to the invention and condu A of the varidus comr manders in India, The prince that fo\ind nor thing but money could keep him qn his throne, was induced to give theie bold intruders one half of his riches to bribe them to prote^ the other. When this was done, they remained his friends or foes as fuited their future interefl: beft. And when the treafures of the prince failed to gratify them with prcfent wealth, for their aid or forbearance, they then did not think their intereft fafe, unlefa they were intruded withcolkfting the revenue that was to reward them. And when their avarice had cxhaufted the ability of the fubjc*fts, then the ftrangers were to be plcafed with the territo- rial pojfejion. And when their thirft of gain had drained this fountain, and art and violence could no "\^'- ■ t «J7 ]\; ..,--?:■ no longer find new funds of wealth, a more ef- fe£tual way was devifed to obtain it ftom the people, by engroiing the fupplies of life i then indeed the natives were cured of their ftubborn<^ nefs. When the Englijb had got pofleflion of their faif, kcetU-nuSf tobacco and rict^ the half ftarved InJiaH was forced from home with hun* ger, and to bring in his trembling hand what rapine had left him to offer, for juft fo much food as he was allowed to have for it. And Beth gal bore witnefs of their bad pennyworths by its expiring thoufands. But here the pangs of hu- manity arreft my thoughts, and in the anguiih of my foul I draw the curtain before thcfe Bri' iijb performers of Indian tragedy. The next fcene prefcnts us with their appear- ance on the Englijh ftage. Here we are told that the revolutions of dates are not to be tried by the rules of fchool morality. At prefent they ftand acquitted and poflefs their honeft fortunes and their hencurs^ and the government of their country has become their protestors, and ap- proved their conduct by opening its trealury to receive a divifion of the glorious acquifitioa. Rome was made the fcourge of cruel Carthage^ but her unbounded avarice transfered the guilt and F I \\ and tt^aftire to hcrfelf, and Ihe in hcf turn felt the plihifhment (he ihfliftcd. With the tide of fo- reighwedlth,tuxuryiflawcd into their country: and fhbU^K'lcaming ahd^'thc fcicnces were cultivated and floimlhed. among thiem, yet they -became .de- generate' and corrupt, and vice encteafed with their wealth and empire; The example of the ftate- ihtpoduced the' inlatiable defire* of riches among the ^Ciple, and this was folloWed with the diecaty' of probity, and the love of their country was .changed into fadion and private intereft- till 'by de'grees lioman greatnefs was levelled with t4ie'gi^iiridi ''^ iinK,,^ii§uc^fij ^{nimm sniiV'^a: And we are not left in the dark to form vague conje(5lures of the confequences of the conduct, of any .©r thofe fociqties into which the inhabi- tants, of the earth have been divided. Every page of tlie facred and common hillory of man- . kind,!.bears tcftimony of the infinite wifdom and juftice of the great Governor of the world: Wherever. we turn our inquiries after the whole race q{ Adam, we find the people of every nation rifing in every flep to power, great- nefs, and duration, by temperance, virtue and public juftice : as luxury, vice, and violence accompany every ftage of their decline. And this proportioned with fuch evident exaftnefs^ 1. : that Chat the hiftory of cvtry cottntry is contint^ly faying to the thinking mind, the hand , that GOVERNS us IS DIVINE. And whcnciver wc fec public injuftice and opprcflion, pafs authorifed under the fanction of' a (late, we muft acpecb the decay and diftrefs of tliat ftate, with the fame degree of certainty as we look for harveft from the feed time, unlefs we wrap ourfelves up in total darknefs and unbelief of all that has pailcd on earth. As fure as there is a God,' he hiuflJ delight in virtue, and as furely does he reward it: and vice and injuftice muft be his abhor- rence. With individuals indeed, many > are the inftances of profperity and pomp attending the rich robber to his grave. And what the world calls misfortune and aiHi(5lion, as often befals Heaven's firft favourites and the beft of men, for thefe give mankind occafion to exert their hidden ftrength, and throw out into praftice virtues that ihun the day and lay concealed in . pr6iperous eafe: and a life of forrow often ends in the.moft exalted blifs. But the combined meafurcs of com- munities and flates, not extending beyond an earthly duration, muft on earth receive their reward. All the power of the Roman erapirCj could not preferve itfelf from the effefts of its own injuftice and opprefTion. And we fee Itahy „. > the «^^ I t6i ] die garden of the earth, and the centre of thai moft powerful ftate^ turned into the dwelling pkcc of poverty and flavery, to vindicate the konouf of the divins government, that mankind might ftand in avw of Him that reigm above. And tlW feat of that empire remains at this day a monument to teach furrounding nations wif. dom and mercy. The plain rules of right and ^notigt fsc(fcn td mankind by the world'^ gre it Leg^flator arts ftill in fbrce^ Injuftice^ oppre/^ fion and tyranny change not their nature by faffing under the fan^on of a Reman or a Bri-^ tijb ienatr; The crime i^ the fame; and the puniihment annejted to it^ whether it is com- mitted under the light of the rifihgor tiit let- ting fun. The fbate that atithorifes the plun- dering of 4/ia^ and publicly hohotirs the rob^ ber, and receives the fpoil intd its trealury; muft be as guilty as the ftate that did the fame at Carthage, And to permit the people of jffriea to be enflaved; and ruled with the rod of tyranny in AmerUdi muft appear the fame to the judge of all the earth at this day, as the fame anions did when the Roman power was as great as that of Britain, Every plea of ignorance is cut off by an hundred examples before us* of which that of Rome bears but itsi ' fingle t *«« 1 fingk tcftlmony to the immiii^bility which the Lord of hofb hath lent in his fpirit by thf prophcs; therefore qame a g»cat wrath from the Lord of hoft." Apd the government of any (nation, that authorifes crimes to be comr mitted by its fubjefts, , on the peopje of o- ther nations, fets itl'elf ii^ oppofition to the Go- vernor and the Judge of all the earth, and bids dcj fiance to the laws of the Moft High — Laws too plainly made kno%yn %q be mifunderftood, too fre* quently executed Mpon the oflfenders againft them, to. make either the crime or the punifhr ment admit of the fmallefl degree of doubt o^ uncertainty, And ^e muft yttei^ly ^islpelieve th? tcftimony of all hiftpry, or lotally midake its highejd meaning if; we do not believe, wher? injuftice, opprefllon and. cryelty are allowed and approved by the ftanditig mc^afurcs of a ftate, that it muft become weak, divided and at lengtji enflaved, as the natural confequence pf its own guilt, ^nd the fure efFe(5l of divine juftice. Thp mercilv?! c^r^ of t'"'e Crtiator is over all his M works U; works. He is the father of all the children of men •, and to whatever people or nation he has given wifdom, (Irength and power, he will not allow them to enrich themfclves by the op- preflion and (lavery of their fellow creatures in any other part of the earth. His commands not only require the obedience of individuals, but arc equally binding on the condud of nations. His laws are as univerfal as his empire. Wide as the world is his command^ Vail as eternity his love i Firm as a rock his truth tnuft fland» When rolling years (hall ceafe to move. If more juftice and mercy can be expefted from the people of one nation than another, it muft be from thofe he has moft favoured with the ccareft difcovery of his will. But notwithftand- ing earthly ftates muft on earth receive their doom, — the reward of their meafures, yet he fever waits to be gracious, and old age is un- known to the body politic. The ftafc that is virtuous will be ever young. A nation that is governed by a manly and an honeft policy, and whofe meafures fpring from juftice, muft be unit- ed and at peace with itfclf, and profper under the divine protedion. The world's great Lawgiver will ever fmile on Iiis obedient fons, and that which he delights in muft be happy. FINIS. cisnMiih tilt Ue '-Ju -isrltjrt vi'j a al-Ji' ".'iri"i-;"- tiijL H'/w 1 ■^ t V . » y l"1 5 mi . "K>' ■J J •< i > > 'i ,-,'■ , J^ f « i.!^ «i** ... /■.';[?.[ .M' V f • * t r » ^ Books and Pamphlets printed for T. EVANS» Bookfdler, No 54, Pitcr-nofter-Row. 1. «■•■ AN Enquiry inta the caufci of the MERCANTILE DISTRESSES !n England and Scotland. Proving that the yearly increafe of diitre& amongft the fubjeAs, •• riles from the pablic burtheui laid upon them ; and that the annual millions that are coUeAed from the ^.^cople at large, and tranifer^d jto the fervantf, dependants anJ crediton of the government, is the great czufk of the decrtaie of our ex* ports, the dec4y of 6ur manufaAures, the emigration of the ' flihjeAi, and of that poverty and wretchednefs amongft the working people in the nation that was unknown to former generations. Price as 6d. TI. A N Enquiry into the prefent State of the ELECTIVE £\ BODIES, or of t^e Counties and Boroughs that conftitute the Houle of Commons. /T^" , The Counties and Cities iendlsg only 176, And the Bo- roughs 38 a, members to parliament, and from the number of thele Boroughs that are known Co be held as private property, it is apprehended no frequency of deAion can reftore to the people of Great Britain their juft weight in the legiflature. And to promote a fociety for examining the true State of the Boroughs, this Enquiry is publilhed. Price is III. 'DRcparing for the Preft, and fliortly will be publlfhed, X for tbeufe of Merchants, Under* Writers, Brokers, ' and all con«:erned in Shipping and Infnrance, THE LAWS OF SHIPPING AND INSURANCE, with a DIGEST . OF CASES ADJUDGED, relative to infurance on Sliips < and Goods. To which will ht added, a table of the contents • ioT the more readily comparing any new occurrence in bufi- tieis, with the laws in force, ^e matter of every adjudged I caic, and fuch general rules as have bren laid down in the i .^determinations cf the courts of juftice, in all trials concern- . ing tiie Icttlement of lolTes and averages on (hips and goods. This work is expelled to be brought into one Volume - Quarto, price One Guinea bound; and as the number to be printed will be governed by the number lubfcribed for, fuch '« Gentlemen as choofe to have a copy, are requeued to fend • their aJdidt to any of the following Bookfellers, via. Bro^ ■ \-. thtrton and Siwtij in Cornbill, or T, Evans, No. 54. r Pater- noft of the common law court*, from that period to the prelcnt time, not only contain the opinions of our judges, but the unanimous voice of the jurors upon To great a variety of cafes, relative to (hipping, and the fettling of ioiTes nnu avenges, in infuranceaon {hips an^ goods, that it is probable, many new occqrrences can hardiy arlfe in thofe branches of buuneis V7h.:rein it will not at once a^^pes^r by fbme article in this Syftem, both what the law is, and the riiles laid down and agreed to, that make the pr^efent uliige and cuHom of the merchants fi(Londtn, • ■» ' ■ '■:■: If. siniit -.; i ly. HTHE LAW of NATIONS; or, Principles of the Law A of Nature ; applied to the Conduft and Affairs of Nations and Sovereigns, by M. de Vattel. A Work tend- ing to difplay the true Intereft of Powers. Tranflated from the Ficnch. Price las. bound. •r ■ -■• -■:■.. :L't -.•til. *.5f)'?.-;i- V. HTHE REPORTS of the SELECT and SECRET COM- X. MITTEtS appointed by tiie Houfe of Commons in the years 177a and 177?, to inquire into the natnre, ftattf and condition of the taft-Iodla Company, and of the BritiHi affaiis in the Eafl-Indics, In tv»'0 large volumes folio, Price four Pounds half bound. t t *^* Thefe Reports contain, amongft other intereftiog pa- pers, 1 great. number of original Let^eri, Copies of Treaties, &c. tli'T whole forming the mod authentic hifturical accounts of the various revolutions and other extraordinary events that have /lappened in India from the commencement of Lord Clive's government ts th? couclufion of th^ inquiry appointed by the Houi'e of Commons. i7>. f VI. npHE Hidory of the Ten Firft Years of the REIGN of X GEQRGK the THIRD, King of Great Britain, &c. to the Conclufion of the SelHon i'f Parliaircnt ending in May 1770. To which is prfuxed, a Review of the late war. I'lice js. lewcd, or 6s. bound. ., ' '. - ;! : t >■ • Charcufttr from the Monthly Review. '^ " " Tc record the tianfufiions of our own times, is a tafk of all others ll»c molt diiricult. The Hillorian, in this cale, hurried aw.iy by Vis palfijus, or inifled by an in- formation which he fmciss to he jr.ft, frequently retails fiiWon for truth, and he- vhpcs tlic pinegyrilt of a fUifion. The monuments on wliich he builds his narration are the produftioci of writfrH, vho hav no other view but to de- fend. 1 11 Bbiks PrimrtT Cdr T.' EVANS: ,-r,-rf. Rnc^ or (:Qn(Ienin, the ineaiures of ad nii^ift ration, or of the people. It iscnly, p(rbap<>} af^er foriae ag|(^ h^ve rolled, aytray^ ^tid ader party prejudipei are loft, t|iit the events of the prelj^nt reign wHl he recorded wlthfidielity and eixaA- ne^i ap4 ihf^t hiitory, whiie it fliaU bdl^ow its apprpba- tioo on thp|c Worthy patriots and ftateCnea who have aifled ' fipfii pMl>I/|C and coqrtitu^io^al views, H^ll . cenfqrjB, ^^ith' candour anjd impartiality, th^iis corrupt |niiH(iers who tiaycl proceeded only on venal an4 arbitrary pnnq^Ies. '* The author of this w6rl$: feems to jaf ve beep lenHble of the force of lucli general remarks ias thele. He pretends' only to th« merit of having cplleAed all-tilatf «|i^ent argu<, ments and realbnings which have been ule(| for and agaiiiH:' adminiftration, and of having prefented t^em under one view to his r«ader. VVe mull do him the jufticie. however, to obferve, that he has freauently accompanied thefe argu- ments and reafonings with remarks which are extremely a- cute aud ingenious. He appears to be intimately acquainted with what the Authors of antiquity have written concern- ing liberty aiid government ; and perhaps he h^s, on fevcral occafions, employed their f^nttilients to en^ch hit volume. We fliould imagine, at the fame time, that he may have , imbibed from them too large a proportion of that love of equality and independence, which, though of the greatell advantage in a pure republic> is not altogether fo fuitable to the genius and fjArit of a ]imit ^ntatrfj* it iin©i}i'W««:v| ■^ la