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A 
 
 .t> I 
 
CONTROVER 
 
 V BETWEEN 
 
 Great Britain/fe(!Mr^r Colonies 
 REVIEWED; 
 
 THE SEVERAL PLEAS OF THE COLONIES, 
 
 In Support of their Right to all the Liberties 
 and Privileges of Britifli Subjeds, and to 
 Exemption from the Legiflative Authority of 
 Parliament, ^ ' - 
 
 STATED AND CONSIDERED ; 
 AND 
 
 The Nature of their Connexion with, and 
 Dependence on. Great Britain, 
 
 SHEWN, 
 
 UPON THE EVIDENCE OF 
 
 HISTORICA L FACTS 
 
 .■..^.. .AND . .. 
 
 AUTHENTIC RECORDS. 
 
 LONDON: 
 
 Printed for J. ALMON, oppofiteBurlington-Koufc, 
 in Piccadilly. MDCCLXIX. 
 
 ,^lj^&^#^^^^' .^'.^ 
 
 
 f 
 
 
 ■y.- 
 
I. '% 
 
 i 
 
ERRATA. 
 
 Page 2C, for make free denizem of^ read, naturalize 
 
 Page 51, iov faint, read, faintly 
 
 Page 56, for premiffh, read, premifles 
 
 Page 87, ior fay there is, read, prove that 
 
 Page 137, for all that not been urged, read, all that has 
 
 been urged 
 Page 130, for methods of raijing money, read, methods 
 
 for raifing money 
 ^^g^ '57j for« corporate body, read, corporate bodies 
 
',■!•. 
 
 f > 
 
 \j'.>t {'. 
 
 Review of the Controverfy 
 
 BETWEEN 
 
 i;l: 
 
 Greai Britain and her Colonies. 
 
 HE that goeth about to perfuade it 
 multitude, that they are not ^o 
 well governed as they ought to 
 be (fays the learned and judicious Hooker) 
 *^ fhall never want attentive ana favourable 
 hearers i becaufe fuch as openly reprove < 
 fuppofed diforders of ftate, are taken for 
 principal friends to the conm^on benefit 
 of all, and for men that carry ingulaf ■ 
 *• freedom of mind. Under this fair and 
 ** plaufible colour, whatfoever they utter 
 !* paffeth for good and current. That which ^ 
 
 B ' wanteth 
 
 ti 
 
 <c 
 
 (c 
 
 It 
 
 cc 
 
} 
 
 u 
 
 cc 
 
 ic 
 
 <( 
 
 C( 
 
 C( 
 
 [ » 1 
 
 *' wnntcth in the weight of tncir fpccch Is 
 fupplictl by the aptncfs of mens minds to 
 accept aiui believe it. Whereas, on the 
 " other fide, if wc maintain things that 
 " are eftabliflied, wc have to ftrive with 
 *' a number of heavy prejudices, deeply 
 " rooted in the hearts of men, who think 
 that herein wc fcrve the time, and fpeak 
 in favour of the prefcnt ftate, becaufc 
 thereby wc cither hold or feek prefer- 
 " ment." Hence it is that the grofleft ab- 
 furdities pafs for irrefragable arguments in 
 the mouth of a popular declaimer, whilft 
 the clearefl dcdudions of reafon, on the fide 
 of authority, are termed delufive fophiftry, 
 and the artful chicane of a courtier. Hence 
 it is alfo that fo few men of talents are 
 willing to hazard their reputation on the 
 fuccefs of their arguments in defence of go- 
 vernment, or to become volunteers in the 
 caufe of truth, whilfl calumny and falfhood 
 are propagated amongft the people againft 
 their rulers without contradiction, and even 
 fbraetimes with the indolent acquiefcence of 
 men of enlightened underftandings and can- 
 did hearts. Yet furcly the tafk of aflertlng 
 
 the 
 
I 
 
 [ 3 ] 
 
 the rights of government, inaintaining the 
 authority of the fupicmc power over the 
 whole community, of calling hack the mif- 
 guidcd multitude from fiidVious combinations, 
 and perfiiading them to unite in promoting 
 the public happinefs, by yielding a chcarful 
 obedience to the laws, and cheriihing a 
 zealous attachment to our excellent conflitu- 
 tion, ought not to be left to the pancgyrifts 
 of miniflcrs, to thofe only who " hcjld or 
 " feek preferment." Is it the duty of the 
 hirelings of an adminiflration only, to inionn 
 the people of the extent of their rights, 
 and to exhort them to their dutv ? To ex- 
 pofe the malevolent defigns, and detedt the 
 artifices of their feducers ? To point out to 
 them the dangers which belet them, and the 
 fatal confequences which hang over rhcm ? 
 To fliew to them the hazard they run of 
 lofing their fubftantial liberty, by purfuing 
 the ignus fatiais which they have been de- 
 luded to follow ? Shall we fee our fellow- 
 fubje^^s in the Colonies intoxicated with a 
 fond conceit of their own importance, and 
 charmed by the flattering whifpers of in- 
 dependency, forfaking the guide of their 
 
 B 2 ^Olitk^ 
 
Hi 
 
 [ 4 ] 
 
 yculb, the fare flay of all their liberties, nnd 
 the protcdor of all their rights and pofief- 
 iions, the parliament of Great Britain j and 
 throwing thesnfelvcs into the arms of pre- 
 rogative, and putting all their confidence in 
 the good pleafure of tlic crown ? Is the 
 Biitidi empire to he fuffered to be rent in 
 pieces, and each member of it expofed to 
 become a prey to its powerful n'Jghbour, 
 from a vain imagination that there is no fu- 
 preme power in the flate, which has au- 
 thority to command the ftrength, the riches, 
 and the fwords of all the fubjotfls of 
 the realm, to defend every part of ita 
 dominions, and to protedt the rights and 
 pofleiTions of every individual who lives un- 
 der it ? Are we to fold our hands, and fub- 
 mit ourfelves to the preiTure of thefe cala- 
 mities, becaufe the followers of a minifler 
 do not think the caufe of their patron con- 
 cerned, or his ftability endangered, or be- 
 caufe the fliafts of calumny and dctracftion 
 are ready to be launched againft whoever is 
 hardy e. uugh to endeavour to flop the mad- 
 nefs of the people? ' ■ ,-^ - *. • - 
 
 - Far 
 
H 
 
 t 5 ] 
 
 I'iir be It from tnc to willi to be tboiu at 
 infcnliblc to the f?;ood or ill opinion ot niy 
 countrymen j but as I conlklcr it to be 
 my duty to promote tbeir welfare to the iit- 
 nioll of mv poor ability, I will jhciv them 
 my opinion^ whether they may reward or 
 
 cenfurc me for my endeavours. On 
 
 this principle, and acftuatcd by ihcfe mo- 
 tives, it is, that, un awed by the terrors 
 which rife before mc, I adventure upon my 
 prefcnt undertaking j and I fet down to 
 review the American controverfy, with the 
 finglc, and 1 hope honcft, piirpofe of bring- 
 ing back my fcllow-fubjeds in the Colonies 
 to a juil fenfe of their duty to the fupreme 
 Icgillative power, by expofing to them the 
 fallacies by which they have been deluded, 
 and exploring the dangers which the paths 
 wherein they are now bewildered muft un- 
 avoidably lead them into. 
 
 The feveral pleas which have been urged 
 by thcfe who have diltingullned themkives 
 in this controverfy, on behalf of the Colo- 
 nies, 
 
 ^ 3 
 

 I 
 
 T 
 
 M 
 
 It! 
 
 [ 6 ] 
 
 nies, may be comprehended under thefe two 
 general heads : 
 
 The title of the inhabitants in the Colo- 
 pies to all the rights, liberties, and privi^ 
 
 ieges of Engliflimen ; and their claim to 
 
 exemption from the jurifdidion of parlia^ 
 ment, 
 
 It (liould feem to be of the utmofl: im- 
 portance to the Colonies, that the former 
 plea was eflablifhed before they adduced any 
 proofs in fupport of the latter ; for, fhould 
 they fail in the one, nothing could be more 
 fatal to their freedom, and confequently tQ 
 their profperity, than their fucceeding in the 
 other. .; .. 
 
 M 
 
 If they fhould unhappily be able to de-r 
 monftrate, that the Colonies are no part of 
 the Britifh flatej that they are the king's 
 domain, and not annexed to the realm j 
 that the inhabitants are not Britifti fubjeds, 
 nor within the jurifdidion of parliament; 
 they can have no title to fuch privileges and 
 jpamimities as the people of England derive 
 
 un^er 
 
t 7 ] 
 
 under a£ls of parliament, noi* to any other 
 of thofe rights which are peculiar to Britifli 
 fubjcdls within the realm. What would 
 then be their fituation it behoves them well 
 to confider; and before they rejedl the au- 
 thority of parliament, they ought ferioufly 
 and difpaflionatcly to weigh the confe- 
 quences, and be very well affured, that whilft 
 they arc labouring to free themfelves from 
 the prefent inconveniencies, which the jurif- 
 did:ion of parliament fubjedls them to, they 
 do not, by avoiding them, run into difficul- 
 ties much more embarrafling, and expofe 
 themfelves to hardfhips much more into- 
 lerable. They ought to refledt, that what- 
 ever may be their condition, they cannot ap- 
 ply to parliament to better it. If they rejed: 
 the jurifdi<fi:on of parliament, they muft not 
 in any cafe fue for its interpofition in their 
 behalf. Whatever grievances they may have 
 to cpmplain of, they muft feek redrefs from 
 the grace of the crown alone ; for, fhould 
 they petition parliament to do them right, 
 they themfelves have authorized the crown 
 to tell parliament, as the fecretary of ftate 
 to James the Firil; did the houfe of commons, 
 
 B ^ " Ame- 
 
■ 
 
 [ 8 ] • 
 
 <« America Is not annexed to the realm, nor 
 ** within the jurifdidlion of parliament, you 
 *' have therefore no right to interfere." 
 
 ii 
 
 * 
 
 ill 
 
 Such being the cafe, we are therefore to 
 exped to find the ftrongeft efforts of the 
 colony advocates directed to this point. 
 We may indeed look for the clearcft evi- 
 dence, the mod convincing arguments, 
 and even demonftrative proofs of their right 
 to thefe privileges, independent of ads of 
 parliament, lince we fee them fo eager to 
 preclude parliament from the power of con- 
 veying to them any privilege whatever. 
 Let us then fee on what they found their 
 title*. . 
 
 In May 1765, the houfe of burgeffes in 
 Virginia refolved, " That the firfl adventurers 
 
 <c 
 
 and 
 
 * To free the text from the embarraffinent of long 
 quotations, and to prevent the reader's attention from 
 being carried off to other obje<5ls, I have here inferted 
 only fuch of the feveral afTem biles refolutions as have 
 relation to the fubjedl: of the prefent enquiry. But in 
 juftice to the aflemblies, I have given entire copies of 
 ihtir rerolutlons in the appendix^ 
 
tc 
 
 (C 
 (C 
 
 cc 
 cc 
 « 
 <c 
 <c 
 <c 
 
 [ 9 ] 
 
 and fcttlers of this his majefty's colony 
 and dominion of Virginia, brought with 
 them and tranfmitted to their pofterity, and 
 all other his majefty's fubjefts fince inha- 
 biting in this his majefty's faid colony, 
 all the liberties, privileges, franchifes, 
 and immunities, that have at any time 
 beea held and enjoyed, and poiTefTcd by 
 the people of Great-Britain." 
 
 This refolution is adopted by the affembly 
 of Maryland, and repeated in the very fame 
 words: and as the alTembly of Virginia 
 has been faid to have hung out the ftandard 
 for American liberty, and the other Colonies 
 Jiave little more merit than that of following 
 their leader, I muft confefs I expedted to 
 have found a muc/j clearer proof of the truth 
 of the propoiition contained in their refolu- 
 tion than I am able to colled: from the 
 terms in which it is exprefied. They tell 
 us indeed " That the jirfl adve?tturers m 
 " the reign of James the Firft, brought 
 " with them, atid tranjmltted to their 
 *' poJ}erif)\ &c. all the liberties, privileges, 
 *' franchifes, and immunities, that the people 
 
 . : " of 
 
Jy^ s^ 
 
 \ If 
 
 1 1 
 
 r .0 ] 
 
 ** of Great-Britain have at any time (fince 
 " as well as before) enjoyed and polTefled." 
 But in what fort of mcnjlrmim^ jiuckomy 
 or embryo^ it was that they carried with 
 them to Virginia, in the reign of James the 
 FirfT:, the habeas corpus ad:, which the pe* pie 
 of England did not enjoy or poflefs till the 
 reign of Charles the Second ', or the bill of 
 rights, which they did not enjoy till the 
 reign of William and Mary ; the ad:s for 
 altering the fucceflion and the limitation of 
 the crown, and many others pafTed in that 
 and the fubfequent reigns ; as they have not 
 condefcendcd to inform their friends in 
 England, fo they can only exped: us to ad- 
 mire their profound logical fl^ill, and muft 
 content themfclves with the more rational 
 applaufe of their countrymen, who they may 
 have more fully intruded, , 
 
 t 
 
 ' ? .. ' ' ' .' * ■ 
 
 The aflembly of Pennfylyania, by their 
 refolutions in the fame year, declare, " That 
 the inhabitants of this province are intitled 
 to all the liberties, rights, and privileges 
 of his majefty's fubjeds in Great-Britain, 
 or ciJe"Mierc 3 and that the conflitution of 
 
 <' govern«- 
 
 (C 
 
 cc 
 
 <e 
 
 ti 
 
 f 
 
 1 
 'ii; 
 
4 
 
 •M 
 
 [ II ] 
 
 « government In this province is founded on 
 <* the natural rights of mankind, and the 
 " noble principles of Englifh liberty, and 
 «« therefore is or ought to ht perfcBly free,^* 
 
 This refolution afTerts in like manner, as 
 do the refoiurjon? of Virginia and Maryland, 
 that the people of that colony are mfitlcd to 
 all the rights oi Biitifli fubjcdls ; but u does 
 not pretend (hat they?;-/? felthrs carrii.-' t fhcai 
 there: neiher does it found :heir claim to 
 them upon the rovalchartci to the proprietor, 
 or upon rhe laws ot Great-Britain, but upon 
 the " natural rights of mankind, and the 
 *' noble principles of Englilh liberty." . 
 
 That the natural rights of manki?2(l (hould 
 give any people a right to all the liberties and 
 privileL;es of Englillimen, is, I believe, a 
 dodlrine unknown to all civilians, except the 
 affembly of Pcnnlylvania It is indeed a mofl 
 benevolent dodrine; lor if it be eftablifhed, 
 it will render the bleffings which Britifli fub- 
 jedls enjoy under their excellent conftitution 
 univerfal to all people, at leaft to all thofc 
 who live under any conftitution of govern- 
 ment 
 
r* 1' 
 
 [ 12 ] 
 
 nient which is founded upon the natural rights 
 of mankind, in whatever part of the world 
 they may inhabit, or whoever may be their 
 fovereign. The native Indians in North 
 America, the Hottentots at the Cape of Good 
 Hope, the Tartars, Arabs, Cafres, andGroen- 
 landers, will all have an equal title to the 
 liberties and rights of Engliflimen, with the 
 people of Pennfylvania j for all their confti- 
 tutions of government are founded on the 
 natural rights of mankind. 
 
 s 
 
 III 
 
 The nohle principle of EngUjJj liberty is, 
 however, another and more peculiar founda- 
 tion for the conftitution of the government 
 in Pennfylvania J but where to find thefe 
 noble principles of Englifli liberty, except it 
 be in the laws of the land, 1 confefs I am 
 
 ignorant : and if the aflembly of Pennfyl- 
 vania got them elfewhere, it would have been 
 kind in them to have informed the world 
 whence they had them, that other nations 
 might have drawn from the fame precious 
 fountain. But, not to prefs too hard upon 
 fuch tender ground, the confequence of 
 their difcovering thefe nobles principles, and 
 
 of 
 
 :n " 
 
mfyl- 
 been 
 ^orld 
 itions 
 Icious 
 lupon 
 |e of 
 and 
 of 
 
 [ 13 ] 
 
 of having founded their conflitutlon of 
 government upon them, it feems is, that 
 " the conflitution of government in Penn- 
 " fjlvania is or ought to be pcrfc5lly free" 
 
 To be pcrfc5lly free is, I apprehend, to 
 be in a flatc of nature abfolutely independent 
 of, and uncontrolaMe by, any other, in all 
 cafes whatever : and when applied to ftates, 
 is the moft complete definition of equality 
 and independency that can be given. It 
 excludes all poflibility of a fuperior or para- 
 mount, and furnifhes us with a full idea of 
 fupreme and unlimited jurifdiftion. No 
 law of another flatc can have force within 
 that territory, nor can the inhabitants be 
 amenable to any foreign judicature. No 
 a6t whatever of the Britifh parliament is 
 or ought to be therefore of force in Penn- 
 lylvania, otherways the government of that 
 country (I mufl not henceforth call it pro- 
 '■oince^ for that term implies dependence) 
 cannot be, as it is or ought to be^ perfedly 
 free. The ad: of the 7th and 8th of king 
 
 William, which declares, that *^ all laws, 
 " bye-laws, ufages, and cuftoms, which ftiali 
 " be in pradice in any of the Plantations, 
 
 *' repugnant 
 
TF 
 
 1 1 
 
 t : 
 
 liill 
 
 C( 
 
 tc 
 
 I 14 ] 
 
 repugnant to any law made or to be made 
 in this kingdom relative to the faid Plan- 
 tations, {hall be void and of none cfFedt," 
 is plainly inconfiflent v^ith i\\\s perfeSl freedom 
 of the Pennfylvania conftitution of govern- 
 ment, and therefore it is not^ or ought not to 
 be, of force : neither inc! "'^.d ought the adl of . 
 the 5th of George the Second, which makes 
 the lands in America aflets for the payment 
 of debts, nor any other of the feveral a6ls 
 of parliament which relate to the Plantations, 
 to be executed within the jurifdidtion of the 
 government of Pennfylvania. Had the 
 Examitier of the Claim of the Colonies been 
 acquainted with this refolution when he 
 wrote 1 ;s pamphlet, he probably would not 
 have given fo much offence to the author of 
 The Confiderations on the Propriety of impojing 
 TaxeSy as that gentleman has taken, at his 
 producing afts of parliament in evidence of 
 the right of parliament to difpofe of the 
 property of the people in Pennfylvania and 
 the other American Colonies, for that refo- 
 lution abrogates them all alike. None of 
 them is or ought to be of force within that 
 governments and inftead of cenfuring the 
 
 chief 
 
 ft 
 
 i' 
 
made 
 Plan- 
 ffedt," 
 yeedom 
 3vern- 
 not to 
 
 adl of 
 makes 
 yment 
 al adls 
 ations, 
 of the 
 d the 
 s been 
 len he 
 lid not 
 hor of 
 npofing 
 at his 
 nee of 
 the 
 lia and 
 refo- 
 one of 
 that 
 g the 
 chief 
 
 n 
 
 4 
 
 r '5 1, 
 
 chief jiifllcc fur denying the authority of one 
 adl of parliament, when he admitted the 
 authority of fo many others, he would have 
 blamed him for having admitted the authority 
 of any, perhaps have accufed him in io 
 doing of denying the perfe^ freedom of the 
 conJUtution of the government of Pennfyhania, 
 We now fee the rcafon of the aflertion in the 
 former part of this refolution : " that the 
 " conftitution of the government is founded 
 <' on the natural rights of mankind;" and 
 the inference drawn therefrom, that all man- 
 kind have a natural right to the liberties, 
 privileges, &c. of Britifh fubjedts : for if 
 that be not the cafe, it will be impofliblc 
 for the people of Pcnnfyivania to have any 
 right to fuch of them as are contained in 
 at5ts of parliament, becaufe thofe adls cannot, 
 or at leaft ought not^ as we have feen, to 
 have any force there. ^ 
 
 The aflembly of Mafia chufcts Bay fup- 
 port their claim to all the rights and privi- 
 leges of Britidi fubjecls by the following 
 refolucions, entered upon their journaib the 
 29th of Odober 1765. .., . ,". 
 
 I '. 1* Resolved, 
 
I 
 
 TP" 
 
 : I 
 
 i 
 
 II 
 
 \ I 
 
 Ml 
 
 li.^ 
 
 !». V 
 
 [ 16 ] 
 
 <* Resolved, 
 
 o ^ 
 
 <( 
 
 cc 
 <( 
 cc 
 
 <* That there are certain cflcntiaLrights of 
 the Brkijlj conftitutim of government, 
 which are founded in the law of God and 
 nature^ and are the common rights of man-' 
 kind: Therefore, . >■• 
 
 ••1 -• 
 
 <c 
 
 « Resolved, • ' 
 
 " That the inhabitants of this prbvincct 
 are unalicnably intitlcd to thofe ejjcntiat 
 rizhts in common with all men, ' ' " 
 
 Kl \ 
 
 <c 
 
 (C 
 
 " Resolved, > ' ' *.- 
 
 " That his majcfly's fubjedls in America 
 are in reajbn and common fcnje intitled to 
 the fame extent of liberty with his ma- 
 jefty's fubjeds in Britain, '; '•' *^' 
 
 
 CC 
 
 <( 
 
 C( 
 (C 
 (C 
 
 *« Resolved, ,«v-r\ ^ ■': v *; :, ^ 
 
 <* That by the declaration of the royal 
 charter of this province, the inhabitants 
 are intitled to all the rights^ liberties^ and 
 immunities of free and natural-born fub- 
 je£ts of Great-Britain, to all intents, pur-» 
 pofes, and conflrudions whatever. 
 
 - , -.I.:, ^ !! Resolved^ 
 
 1 
 
r '7 1 
 
 ighis of 
 nment, 
 lod and 
 of matt' 
 
 ^■' • 
 
 Drovincc 
 ejjentiat 
 
 \merica 
 tied to 
 
 lis ma- 
 
 he royal 
 abitants 
 \f, and 
 rn fub- 
 :s, pur^ 
 
 OLVEDj 
 
 « 
 
 « Resolved, •-•;; •.-. , . • ..•).<■• 
 " That the inhabitants of Vhls province 
 *5 appear to be intitled to all the rights afore^ 
 " mentioned^ by an aSl of parliament the 1 3tli 
 
 ** of George the Second. 
 
 Resolved, 
 
 . a . 
 
 " That thofc rights do belong to the 
 ^* inhabitants of this province u^on principles 
 *' of common jiijiice" 
 
 I. <i 
 
 Here we fee that the A/ie' o/' God and 
 Nature y the common rights of mankind, reafon 
 and common fenfe^ the roj^/ chart cr^ an ^t^ 
 of parliament, and common jujiice, are all fo 
 many pillars on which the aflcmbly of 
 Maflachufets found their claim to the rights 
 and privileges of Britifh fubjedts; and where" 
 the props are fo numerous, it will be hard 
 indeed if none of them prove ftrong enough 
 to fupport the building. Far be it from me 
 to deny to the inhabitants of Mailachufcts a 
 participation in and oi fuch rights and privi- 
 leges as Britifli fubjeAs are intitled to in 
 common with all mankind, or fuch as we de- 
 ' " " C rive 
 

 J I" 
 
 'I •• 
 
 r >8 ] 
 
 rive from the laws of God or Nature, Such 
 rights they arc certainly intitled to, as they 
 arc men, and as they arc Chriftians ; but 
 all men, and all Chriftians, arc not intitled 
 to the rights and privileges of cwcry pan icular 
 jociety of which they are not member i orfubje&s. 
 Every fociety has rights and privileges pecu- 
 liar to thofe who compofc that fociety j and 
 when we treat of the rights and privileges 
 of the members of that fociety, we muft be 
 iinderftood to mean ftich privileges as are 
 peculiar to that fociety, and not fuch as are 
 the common rights and privileges of all 
 Chriflian men. When therefore we are 
 diicufiing the 7-ighis and privileges of Britifi 
 fubjcBsj wc mull: confine our enquiries to 
 fuch rights as a natural-born fubjedt of the 
 Briti/h fociety or flate is intitled to, and to 
 which an alten^ or one who is not a member 
 of that fociety, has no claim. The laws of 
 God or of Nature, or the covimon rights of 
 mankind, cannot therefore give the inhabit- 
 ants of MalTachufets any title to the peculiar 
 privileges of Britifh fubjecSls, if they are not 
 alfo members of the Britifh community or 
 ftatc. The laws of God and of nature, 
 
 and 
 
Such 
 they 
 
 but 
 titled 
 icular 
 bjeSls. 
 pecu- 
 ; and 
 ileges 
 uftbe 
 as are 
 as are 
 of all 
 re are 
 3ntifi 
 ics to 
 3f the 
 nd to 
 mber 
 ws of 
 hts of 
 habit- 
 culiar 
 re not 
 lity or 
 lature, 
 and 
 
 -IS 
 
 I I9 1 
 
 «\nd the common r^its ofmanklrul, would in-* 
 deed equally fervc to fupport their claim to the 
 rights and privileges of Dutchmen, French- 
 men, Italians, or of any other Chriftian (o^ 
 ciety or ftatc, Us to juftify their pretenfiona 
 to the rights and privileges of Britifli fub- 
 je(5ls. 
 
 Reafon and common fenfe are much fit- 
 ter to be employed in proving the goodncfs 
 of a title, than to be fet up themfelves as a 
 title. Reafon and common fenfe arc faculties 
 of the mind, by which the truth or falf- 
 hood»-of any propofition is tried, but they 
 are not in themfelves either principles or 
 propolitions ; when therefore we fliall have 
 tried and examined the feveral propolitions 
 on which the colony alTemblies found their 
 claim t*: all the rights and privileges of Bri- 
 tifli fubjedls, we fliall then fee W'hether they 
 are intitled to them in reafin and (vnimoH 
 fenfe, or not. 
 
 A nyal charter, it muft be allowed, 
 conveys^ a clear title to whatever it is in 
 the right or prerogative of the crowh to 
 
 ... ,. C 2 grant; 
 
m 
 
 M 
 
 './Uye-CoyL 
 
 „! . 
 
 -1 \ 
 
 Ifi' 
 
 
 (jij 
 
 n 
 
 [ 20 ] 
 
 grant -, but it is not the prerogative of the 
 crown x.^ i0^^Q<ik^^<'^ie!Wig^{ii0^ aliens -, 
 that is, to beftow on foreigners the rights 
 and privileges of natural- born fubjecls.— — 
 Every adl of parliament for naturalizing a fo- 
 reigner is a proof that it is not. The king 
 of England, or any other king, may grant 
 to any people vi^ho are their fubjedts rights 
 and privilegesy^/Tz/y^/r to thofe enjoyed by the 
 people of Great Britain ; but no authority, 
 other than the fupreme Icgiflature of Great 
 Britain, can incorporate any individual or 
 people into the Britidi community, or make 
 them partakers of tlie rights and privileges 
 of Britifli fubjedls. If the inhabitants of 
 MalTachufets are not theicf^'-e the natural 
 born fubjeds of the realm of Great Britain, 
 and a part of the Britifli community, the 
 king cannot by any a<5l of his aLne natu- 
 ralize them, or give them a title to the rights 
 and privileges of Britifli fubjeds, . ... 
 
 An a^ of parlmme?it is indeed a fufficient 
 authority to convey to any people who acknow- 
 ledge its fupremacy, the rights and privileges of 
 British fubjeds i but I little expeded to have 
 
of the 
 
 aliens ; 
 
 rights 
 
 Sts. 
 
 g a fo- 
 le king 
 y grant 
 5 rights 
 by the 
 thority, 
 f Great 
 dual or 
 )r make 
 ■ivileges 
 ants of 
 natural 
 Britain, 
 ity, the 
 e natu- 
 e rights 
 
 ifficient 
 cknow- 
 leges of 
 to have 
 feea 
 
 , [ 21 ] 
 
 fcen an ad of parliament appcvlcd to by the 
 alTembly of Maflachufets, as having con- 
 veyed to them any rights or privileges, when 
 at the fame time they are denying that par • 
 liament has any jurifdidlion over them 
 whatever. But it feems parliament has a 
 right to benefit the colonies, but not to hind 
 them : it may give them bounties^ but it 
 muft not impofe burdens. Its power over the 
 colonies is fomewhat like that allowed by the 
 deifts to the Almighty over his creatures, he 
 tnay reward them with eternal happinefs if 
 he pleafes, but he muft not punifli them on 
 any account. Parliament however, I am 
 afraid, will not be conient with fuch a power, 
 and I would not ?dvife the Colonies to rely 
 too much upon its goodnature; for if it fliould 
 find itfelf to have been miftaken in ranking the 
 inhabitants in the Colonies among the fubjeds 
 of the realm, and that it has granted the 
 privileges and immunities of Britifh fubjeds 
 to thofe who are not of the Britifh commu- 
 nity, and difavov^ its authority over them 5 
 there might be dangei of its recalling that 
 gram, and declaring by another act of par- 
 liament, that the rights and privileges of Bri- 
 
 C 3 i\(h 
 
m' 
 
 i 
 
 '« 
 
 I 
 
 / F 5 
 
 I 
 
 [ 22 ] 
 
 ti(h fubje6ls fhall not extend to the Colc-» 
 nies. Even the principles of common juftice, 
 which is the laft pillar of the MaiTachufets 
 aflemblies title, would demand this of par- 
 pnent; for it is the highefl injujlice that 
 thofe who will not fhare in the burdens of 
 the community, nor be bound by its laws, 
 ihould partake of its benefits, and enjoy its 
 privileges in common with thofc who are 
 its members. 
 
 The alTembly of New York introduce 
 iheir refolutions of the i8th of December, 
 1765, with a declaration of " their faith and 
 allegiance to his majefty king George the 
 Third, and of their jubmijjion to the Jti^ 
 ^* prem: legijlctive power^' undertaking at 
 the fame time to fhew " that the rights 
 " claimed by them, are in no manner in^ 
 ^' confijlent with either,'' Had the fubfequent 
 refolutions been conceived in the fame fpi- 
 jit with this introdudlion, I iliould have 
 been happy in applauding the wifdom of the 
 affembly J^t New York, and have propofed 
 ^heir pxample for the inftrudion and imita- 
 pf all the other Colonics. God forbid 
 
 that 
 
 <( 
 
 <c 
 
c Colo-* 
 juflice, 
 achufets 
 of par- 
 'ce that 
 dens of 
 ts laws, 
 mjoy its 
 who are 
 
 ntroduce 
 jcember, 
 'aith and 
 orge the 
 thi Jii" 
 aking at 
 le rights 
 nner in- 
 bfequent 
 ime fpi- 
 ild have 
 m of the 
 propofed 
 id imita- 
 d forbid 
 that 
 
 7'i 
 
 ■iil 
 
 that any of the inhabitants of the Colonies 
 (hould be deprived of any " right which is 
 " confiftent with their faith and allegiance 
 " to the king, and their fubmijjion to tbt 
 " fupreme legtjlative power." To intitle 
 them to all Juch rights^ it is fufficient that 
 they acknowledge themfelves to be Jubjecls 
 of the realm^ and that the fupreme legilla- 
 ture admits them fo to be ; the refolution 
 therefore which would be the plain confc- 
 quent of this introduction is fimply this, that 
 the people of New York are Britijlo fub- 
 jeSfs, and thence intitled to all the rights, 
 privileges, and immunities of their fellow 
 fubjedts the people of England. But inftead 
 of this explicit declaration, that afTembly 
 rcfolves, " That they (the people of that Co- 
 ** lony) owe obedience to all a(Ss of parlia- 
 ment not inconjljient with the ejfential rights 
 * and liberties of Rnglijhmen^ and are intitled 
 to the fame rights and liberties which his 
 ** majefty's Englijhfubjecis, both within and 
 l^ without the realm, have ever enjoyed." 
 
 I would not be thought to find fault 
 
 without reafon ; and yet if I do not feek oc- 
 
 cajion for offence in this refolution, I am 
 
 C 4 fqre 
 
 <c 
 
 (( 
 
•i 
 
 Li 
 
 if ill 
 
 I' 
 
 1 i 
 
 
 Mil 
 
 [ '+ ] 
 
 Aire I HiuU not find any 3 for who would 
 wifli that the people of New York, any morq 
 than the people of England, fliould pay 
 obedience to any a6l of parliament which is 
 inconfjicnt ivith the rights and libej-ties of 
 'EngUJl)m(n\ and notvvithftandinglmaynotbe 
 jconvincedofiheir title, yet asl fincercly defire 
 that they may partake of all the rights and li- 
 berties which his inajefly's 'Englijh J'ubjeBs 
 'within the realm enjoy i fo do I mofl freely 
 give them all the rights and liberrties which 
 his EngUjh Jiibjecis ivithont the realm have 
 ever enjoyed, akhoiigh I profefs I do not very 
 well know what it is I am vieldlne when \ 
 fay foj for I really am Ignorant who his ma-. 
 jelly's Eiigli/Jj Jhhjecls ^without the realm are, 
 or what are the rights and liberties which 
 they enjoy. I fljall therefore leave this al- 
 fembly in full pofleflion of their refolutions, 
 and only extrad: two other of them, which 
 I (hall hereafter have occafzon to tiike notice 
 
 • 4. 
 
 " Resolved, 
 
 *' That it involves the greateft Inconfiftency 
 
 f' with the known principles of the Englifh 
 
 i' ponditution, to fuppofe that the honour- 
 
 '. .-. . able 
 
 t 
 
would 
 f mor^ 
 id pay 
 hich is 
 'ties of 
 ' not be 
 >rde(ire 
 and li- 
 I'ubjeBs 
 i freely 
 which 
 n have 
 lot very 
 when \ 
 MS ma^ 
 ';;; arc, 
 which 
 his af- 
 utions, 
 which 
 noticQ 
 
 ftency 
 nglifh 
 Dnour- 
 able 
 
 -$ 
 
 "M 
 
 [ 2S 3 
 
 f' able houfc of commons of Great Britain 
 ?« can, without diverting the inhabitants of 
 " this colony of their mod cfTential rights, 
 *« grant to the crown their, or any part of 
 « their eilates for any purpofe whatfoever. 
 
 " Resolved, . -I 
 
 " That from the jBrft fcttlement of the 
 Colonies, it has been the Jhife of the go^ 
 'uernment at homey that j'uch grants could 
 not be conjiitiitionally made^ and therefore 
 applications for the fupport of govern- 
 ment, and other public 'exigencies, have 
 always been made to the reprefentatives 
 of the people of this colony." ^^^• 
 
 C( 
 
 (< 
 
 «« 
 
 , -t t ^. 
 
 I come nov/ to what Mr. Dickenfon calls 
 the American declaration of rights, which 
 are the refolutions of the committees from 
 the feveral Colony aflemblies, which met at 
 New York, iQOdobef, 1765. and here we 
 may expedt to find the feparate and irregu- 
 lar claims of each Colony confolidated and 
 reduced into fyftem and confiflency. Their 
 refolutions are as follow ; • ' 
 
 it 
 
 That 
 
•, I 
 
 # 
 
 V 
 
 ■ t =6 ] ■ 
 
 *« That his majefty's fubjeds in thefe Co- 
 Tonics owe the fame allegiance to the 
 crown of Great Britain that is owing from 
 " his fubjefts born 'within the realm, and all 
 due fubordination to that auguji body^ the 
 parliament of Great Britain. 
 
 <c 
 
 (( 
 
 (< 
 
 <( 
 
 ** That his majefty's //Vg-^fubjedts in thefe 
 " Colonies are intitled to all the inherent 
 " rights and liberties of his natural-born 
 ** fubjedls within the kingdom of Great 
 " Britain," 
 
 In their petition to the houfe of commons 
 they thur exprefs themfelves : " It is from 
 " and under the Englifh conftitution we de- 
 *« rive all our civil and religious rites and li- 
 berties J we glory in being fubjecSts of the 
 beft of kings, and having been born un- 
 der the moft perfed. form of government." 
 Further : " Wt: efteem our connexions with 
 and depetjdence on Great Britain as one of 
 our greateft bleflings ; and apprehend the 
 latter will appear to be fufficicntly fecure, 
 " when it is confidered that the inhabitants 
 ". in the Colonies have the moft unbounded 
 
 " affedioa 
 
 (• 
 
 <c 
 
 <c 
 
 <c 
 
 (C 
 
 <( 
 
 Mi ill 
 
 I- '■■- !(9!il 
 
K»w^ 
 
 lefe Go- 
 to the 
 ing from 
 , and all 
 'odyy the 
 
 in thcfe 
 inherent 
 ral-born 
 f Great 
 
 pmmons 
 is from 
 I we de- 
 and li- 
 ef the 
 lorn un- 
 iment." 
 ns with 
 I one of 
 end the 
 fecure, 
 abitants 
 oundcd 
 fFe(ftlon 
 
 
 [ 27 ] 
 
 «< afFcdion for his majefty's perfon, family, 
 *« and government, as well as for the mother 
 " country, and that their fubordination to 
 « the parliament is univerfally acknow- 
 <* ledged." 
 
 A plain Englfli reader of thefe refolu- 
 tions and petitions would be apt to imagine 
 thefe committees had, in efFed:, given up 
 the point, and had fairly acknowledged the 
 fupreme authority of parliament over the Co- 
 lonies J and that, as we all meant the fame 
 thing on both fides the water, it was not 
 worth, while to quarrel about the manner of 
 exprefling it. This the committees expecSt- 
 cd ', and their fkill in framing their refolu- 
 tions and petitions would have been thrown 
 away, if their manner of exprefling them- 
 felves had not excited in the reader ideas 
 much more extenfive than the ftridl, even 
 '^nglijki meaning of the term would juflify. 
 
 '•' What Englifhman could defire more of 
 the Colonies than due obedience to that auguft 
 body, the parliament of Great Britain ? But 
 what is due obedience is a matter in which 
 
 they 
 
m 
 
 ? I 
 
 i 
 
 § 
 
 ;lh 
 
 U 
 
 
 C 28 ] 
 
 they and the people of England differ ex- 
 ceedingly ; and the committees chofe to re- 
 fcrve to the colonies fbeir own conftruSlion of 
 the terms, while they hoped the people of 
 England would be led to believe they agreed 
 
 with them in theirs. 
 
 ■' ■ ' ' ■■ . ' . . ■ ■. 
 
 An Engliihman conceives due obedience 
 to parliament to mean lawful obedience, or 
 obedience to an a(5l of parliament. The Colo- 
 nies conceive the parliament to have no right 
 to make laws for them -, and due obedience 
 to parliament is therefore, in their apprehen- 
 Hon, no obedience at all. An EnglKhman, 
 without trcafon, though perhaps not without 
 mental fahhood, may fwcar to pay all due 
 obedience to the king of France ; becaufe, as 
 he conceives that king to have no right to 
 his obedience as an Engliihman, he promifes 
 to pay him none. Where there is no right 
 to require obedience, there can be none due ; 
 and to deny the right to the demand, and 
 profefs to ^iay v/hat is due, is contemptible 
 chicane. 
 
 „ '.. . ..The 
 
t ^9 ] 
 
 er ex- 
 
 ; to re- 
 ^ion of 
 )ple of 
 agreed 
 
 idlence 
 ice, or 
 : Colo- 
 right 
 jdience 
 irehen- 
 hman, 
 /ithout 
 all due 
 ife, as 
 ight to 
 omifes 
 ) right 
 edue; 
 and 
 ptible 
 
 The 
 
 -n 
 
 Tlie title of Atiguft Body, which they 
 give the parliament, is another fubterfuge 
 for feeming to refpedt its authority, whilft 
 they mean to difavow It, An auguft body 
 it certainly Is, ^nd foreigners frequently call 
 it fo ; but the fubjedts of the realm know it 
 by another title, that of fuprcme legiflature. 
 That title would however have implied obe- 
 dience to its laws in thofe who gave It ; but 
 the committees, not intending to acknowledge 
 fuch obedience, avoided giving it that title 
 which is only proper from fubjed:s, and gave 
 it one which implied no relation or depend- 
 ence on it, and yet carried fo much the ap- 
 pearance of refped, that it might be miftakea 
 
 to mean it. 
 
 
 I* 
 
 . ^ .:r 
 
 •j> 
 
 The diftlndion they mark in their refo- 
 lutlons between the people of America and 
 the people of England, by terming the one 
 his majejlys liege JubjeSls in the ColotiieSy 
 and the other, his natural-born fubjeds, or 
 his fubjedls born within the realm, plainly, 
 though indiredly, declares it to be their opi^ 
 nion^ that the people in the Colonies, are 
 
 not- 
 
i 30 ] 
 
 not the king*s natural- born fuhjc5fsy or \\\t 
 fubjeds born within the realm. They cannot 
 therefore claim the rights and privileges of 
 Englifhmen, from their being Britifli fubjedts 
 in common with the people of England, or 
 the fubjedls born within the realm ; and yet 
 no other title to thofe right*? do any of them 
 pretend,than that fuch are the rights and privi- 
 leges of Englifhmen or Britifli fubjcds. For 
 they go on to refolve, " That it is infeparably 
 «' effential to the freedom of a people, and the 
 " undoubted right of Englijhmeny that no 
 «' taxes be impofcd on them but with their 
 «« own confent, given perfonally, or by their 
 " reprefentatives. That trial by jury is the 
 <* inherent and invaluable right of every 
 " Britijh fubje5f in thefe Colonies." Alfo, 
 «* that it is the right of the BritiJIjfubjeSfs in 
 " thefe Colonies to petition the king or either 
 <* houfe of parliament." This is all very 
 true and very fenfible i but who thofe Eng- 
 lijhmen or Britifh fubjeSis in the Colonies 
 are, to whom, and to whom only^ thefe rights 
 belong, cannot eafily be difcovered. They 
 cannot be the inhabitants of the Colonies, or 
 thofe who have been born there ; for the 
 
 former 
 
 • f 
 
 ^f 
 
[ 3« ] 
 
 former refolutions fay, that the Colonies are 
 not within the Britijh realm^ nor that the 
 people who arc born there are the riaturaU 
 born fubjeSls of the king, born within the 
 realm, • ' -' ' ., 
 
 Having thus feen upon what fort of foun- 
 dations the different colony affemhlies build 
 their feveral titles to the rights and privileges 
 of Englifhmca, and that each fuperftruc- 
 ture, at the approach of reafon, vanifhes like 
 the ba/e/efs fabric of a vifion.* ■ « 
 I will not fatigue the reader with a difcuf- 
 fion of the arguments introduced by the co- 
 lony advocates in fupport of the affemblies 
 refolutions. V"hatever they can urge in be- 
 half of the Colonies claim to the rights and 
 piivueges of Englifhmen, whilft they deny 
 that they are fubje<5ls of the realm, or na- 
 tural-born British fubjeds, and that the Co- 
 lonies are within the realm, muft be ob- 
 noxious to the fame charges of inconfif- 
 tency and abfurdity to which the alTemblies 
 refolutions are fo palpably liable ; and the 
 fimpleft of my countrymen can eafily dete<5l 
 the mofl artful American fophifter^ by in- 
 
 fifting 
 
J } 
 
 
 'II 
 
 ! • 
 
 'Vi'!^ 
 
 r 3» 3 
 
 fifting upon his aniwcring this plain queftion i 
 Are the people in the Colonies Britiili fub- 
 jedts, or arc they aliens or foreigners ? 
 
 11 • 
 
 The aflcmblics and their advocates, aware 
 of this dangerous dilemma, have never di- 
 redily and explicitly declared, as the reader 
 mufl have obferved, that they are, or that 
 they arc not, Britifh fubjedsj that is, fuhjcds 
 of the Britiih flatc or community. They 
 avoid that declaration by every artifice and 
 fubtcrfuge that words can fupply them with. 
 They are at one time " Engliflimen," at 
 another " the children, and not the ba- 
 ** ftards of Britons ;" they arc " free Bri- 
 *' tons ;" " the king of Great Britain'o lii'ge 
 " fubjeds ;" " they owe the fame fealty 
 " and allegiance to his majcfly that is 
 " due to him from his fubjeds in Great 
 " Britain," and numberlefs other equivocal 
 profeffions, which fervc to elude the main 
 queftioui at the fame tiuic, as if under each 
 charadter they had defined their condition to 
 be that of Britifli fubjeds, they boldly draw 
 the confequence, that they me intitled to 
 all the rights and privileges of imtitral-horn 
 .^ jiihje6ls 
 
 wi 
 
 t^ 
 
m with, 
 [icn," at 
 the ba- 
 frcc Bri- 
 \n^ liege 
 e fealty 
 that is 
 II Gieat 
 quivocal 
 he main 
 cr each 
 dition to 
 ly draw 
 titled to 
 \iral-born 
 Jubje^s 
 
 [ 33 ] 
 
 jithje^s ifi common nvlth the people of 
 EiiQ^land. That they cannot however main- 
 tain their title to thofc rights upon any other 
 ground, than that of their heing Bi Itidi fub- 
 jedls, born and inhabiting within the reahn, 
 is, I think, fufliciently evident ; and there- 
 fore, that they may fail in proving that they 
 are not Britilh fubjcds, and that the Colo- 
 nies lie without the realm, is the mod friend- 
 ly wilh I ca.i give them. How far they have 
 fucceeded in the fatal attempt, muft be the 
 fubjc<5t of our next enquiry. 
 
 And here we fhall perceive, that however 
 cautious the Colonies have been in admitting 
 that they are Britifh fubjecSts in any fenfe what- 
 ever, that they do not neverthelefs,rt;^v'/,reje(5l 
 the authority of parliament to bind them in 
 any cafe, fave in the article of taxation j and, 
 againft even this right in parliament, they 
 do not urge that they are not Britifli fubjeds, 
 and confequently not within the jurifdidion 
 of the fupreme Britifli legiflature, becaufe 
 that plea would involve every other right of 
 jurifdidion in the decifion of that queftion ; 
 and it is the artifice of the managers on be- 
 
 D half 
 
•M 
 
 [ 3+ 1 
 
 half of the Colonies, to avoid general quef- 
 tions, and to keep back and conceal confe- 
 qucnccs, left the iinfufpeding people of 
 England fliould too foon catch th'^; alarm, 
 and refolve to withftand their firft attempts 
 at independency. 
 
 1.! 
 
 %Hl 
 
 «i 'ill.: 
 
 :ii 
 
 y 
 
 i 
 
 When the repeal of the itamp-ad was 
 their objecfl:, a diflin(?,ion was fet up be- 
 tween internal and external taxes j they pre- 
 tended not to dirputc the righc of parliament 
 to impofe external taxes, or port duties, upon 
 the Colonies, whatever were the purpoks 
 of parliament in laying them on, or however 
 produdive of revenue they might be. Nay, 
 Dodlor Franklin tells the houfe of commons, 
 that " they have a ?icitural and equitable v'l^it 
 to fome toll or duty upon merchandizes 
 carried through that part of their domi- 
 " nions, viz. the American feas, towards 
 *' defraying the expence they are at in pips to 
 " maintain thejafety of that carriageT This, 
 
 (hov/ever, v/as only the language for 1 765 and 
 1 766, but when parliament feemed to adopt 
 the diftindtlon, and waiving for the prefent 
 the exercife of its right to impofe internal 
 
 taxes. 
 
 (C 
 
 C( 
 
 
 "M 
 
 i 
 
 >^ 
 
e of 
 arm, 
 mpts 
 
 c was 
 p bc- 
 
 y p^'c- 
 
 ament 
 
 , upon 
 
 jvpoics 
 
 ->wever 
 
 Nay, 
 
 mons, 
 
 k riglit 
 ndizes 
 domi- 
 
 \jjjips to 
 This, 
 
 65 -lad 
 [o adopt 
 
 prefent 
 
 linternal 
 
 taxes, 
 
 [ 35 ] 
 
 taxes, impofed certain duties on merchan- 
 dizes imported into the Colonies, and carried 
 through thofe feas which the parliament was 
 told were theirs: the diftinction between 
 internal and external taxes is reje<^cd by the 
 colony advocates, and a new one devifed be- 
 tween taxes for the regulation of trade^ and^ 
 taxes for the purpofe of reiejiue. 
 
 This new diftindion, however, between 
 taxes for the regulation of tr^ide, and taxes 
 for the purpcfe of revenue, as far as it re- 
 fpeds the right of parliament to impofe the 
 one, but not the other, is, of all abfurdities, 
 the moft ridiculous that ever was contended 
 for. It is faying, in other words, that par- 
 liament has a right to impofe a heavy taXy 
 bui not a fmall one. It may lay one fo 
 grievous, that no body can afford to pay it; 
 but it has no authority to impofe one which 
 may be eafily borne : nay, in the inftances 
 referred to by Mr. Dickenfon in his Farmer's 
 Letters, it fliould feem to mean that parlia- 
 ment has no right to reduce a tax which it 
 has had a legal right to impofe in a manner 
 extremely burdenjome. The right of Par- 
 
 D 2 liament 
 
 "N 
 
 ^ 
 
1:1 
 
 ^ 'i 
 
 ■ • 1 
 
 
 [ 36 ] 
 
 ' llamcnt to charge foreign moIaiTes with a 
 duty of fix- pence a gallon was unqueftion- 
 able } but, for parliament to reduce the fix- 
 pence to thiee-pcnce, is a violent ufurpation 
 of unconftitutional authority, and an in- 
 fringement of tliC riglits and privileges of the 
 people in the Colonics. The redudlion of 
 the duty upon black teas too was another 
 intolerable grievance : wliilfi: they carried out 
 with them a duty of one fliilling a pound, 
 paid at the Eafi-India Company's Tales, whi..h, 
 by the ordinary increafe of charges, amount- 
 ed to near eighteen pence when the teas ar- 
 rived in America, things went on very 
 well } but when parliament took oil that 
 ihilling, and infi:ead thereof laid on a duty 
 of three pence, to be paid on importation of 
 the tea into the Colonies, which precluded 
 all increafe of charges, then were the Colo- 
 nies undone. Even the late duties upon oils 
 and colours, Sec. it feems, have become 
 "•rievous from their bein? no duties at cll\ 
 for Mr. Dickenfon tells us, in his eleventh 
 letter, that the drawbacks which are al- 
 lowed upon their exportation fiom England, 
 amount to more money than all the duties 
 5 together 
 
vlth a 
 [iftion- 
 ie fix- 
 
 -pation 
 
 an in- 
 
 ; of the 
 
 tion ot 
 
 another 
 
 lied out 
 pound, 
 
 ijWhLh, 
 
 amount- 
 teas ar- 
 
 on very 
 off that 
 
 n a duty 
 tatlon of 
 ccluded 
 le Colo- 
 upon oils 
 become 
 
 5 at all\ 
 eleventh 
 are al- 
 En gland, 
 the duties 
 to 1! ether 
 
 ir- 
 
 i5i: 
 
 
 [ 37 ] . 
 
 together which arc laid upon them on their 
 arrival in the Colonies will produce. I be- 
 lieve it is the firft time that the Colonies of 
 any ftate, have complained of the injuftice of 
 the moiher-country in layingtaxes upon them 
 which vv^ere not fuffjcie?it!y heavy ; nor was 
 it ever before difcovered, that the proper 
 means to redrefs the grievances of any peo- 
 ple, were to increafe their taxes. And yet 
 this is certainly the cafe in the prefent in- 
 flance between Great Britain and her Colo- 
 ni"s ; for, if parliament had augmented the 
 lu^iw-o upon foreign melaffes, inftead of re- 
 ducing them, or had it laid on another fhil- 
 ling upon black teas exported to the Colonies, 
 inftead of taking one off, the right to do fo 
 would have b^en admitted. But (fays Mr. 
 Dickenfon) the heavy tax would have ope- 
 rated as a prohibition, which is a regulation ■ 
 of trade 'y the light tax is intended io be paid^ 
 and is iai^; 1' r i\\QpurpoJe of revenue, ' 
 
 It is the p.i. pnfe of parliament In laying the \ 
 tax, which, it feems, gives it the right of 
 laying it. Curious reafoning this ! — Now, 
 fliould it happen, that parliament was at 
 
 I) 3 any 
 
 I" 
 
flflf 
 
 ■ I 
 
 .■ f 
 
 ii 
 
 [ 3? .1 
 
 /"any time miflaken in its purpofe, and that a 
 tax which it impofed with an intention that 
 no body fliouid pay it, that is, that it fliould 
 operate as a prohibition, Ihould really turn 
 out to be fuch a tax as the commodity on 
 which it was charged could bear, and the 
 people in the Colonies were willing to pur- 
 chafe it at the price the tax had raifcd it to, 
 what fliould we do then ? If the tax be paid 
 it then bcconi'"'^ a revenue tax, and no long- 
 er a prohibitor) • and is thenceforward 
 a grievance, and uu infringement of the 
 rights of the Colonies. On the other hand, 
 fuppofe parliament fliould be miftakcn in a 
 tax it laid for the purpofe of revenue, and it 
 turned out a prohibition, would the tax then 
 become a conflitutional one ? 
 
 Nevcrthelefs, lay the colony advocates, the 
 ciTential difliiKtion between the two forts of 
 taxes will fubfill ifithe purpofe for which the tax 
 is laid, no matter how it may operate j and for 
 this effential diftincflion we are referred to our 
 old flatutes. Let the reafoning of parliament 
 in the preamble to the 1 5th of Charles the 
 Second, chap, the eleventh, be the meafure 
 
 of 
 
 
 *;**•■ 
 
1I 
 
 I that a 
 on that 
 Hiould 
 ly turn 
 idity on 
 and the 
 to pul- 
 ed it to, 
 
 be paid 
 no long- 
 ibrward 
 
 of the 
 er hand, 
 ken in a 
 ;, and it 
 tax then 
 
 ates, the 
 ) forts of 
 h the tax 
 
 and for 
 ed to our 
 uliament 
 arles the 
 
 meafure 
 
 s 
 
 
 M 
 
 (C 
 
 (C 
 
 <c 
 
 of 
 
 [ 39 ] 
 
 of this difllndion, and then we fliall fee 
 where the boundary line is to be drawn. 
 
 In regard, fays this flatute, " that his ma- 
 ** jefly's plantations, &c. beyond the feas, are 
 * ' inhabited and peopled by his fubjcBs of this his 
 " kingdom of Enghmd^ for the maintaining a 
 ** greater correlpondence and kindnefs be- 
 * ' t ween them , and keeping them in a firmer de- 
 '' pendence upon it^ and rendering them yet 
 more beneficial and advantageous to ity In the 
 further employment and incrcafe olEngliJh 
 fiiipping and feamen,*?;^;;/ ofEngliJh iDoollen, 
 ' * and other mannfaBiires andcojnmodities, ren- 
 " dering the navigation to and from the fame 
 ** more fafe and cheapo and making this king- 
 dom a ftaple, not only of the commodities of 
 thofe plantations^ but aifo of the commodities 
 " oi other countries and places-, forthefupply- 
 -* ing of them, be it enad:ed, &c." Thefe fe- 
 veral purpofes are therefore to be deemed re- 
 gulations of trade J and to whatever tax or duty 
 which may be impofed with any of thofe pur- 
 pofes, the Colonies ought to fubmit, notwith- 
 llanding a revenue fliould incidentally arife 
 from them. Be it fo. One purpofe, then it ap- 
 
 D 4, pears. 
 
 <c 
 
 (C 
 
 -i*** 
 
V' I 
 
 V, 
 
 ;tl 
 
 
 -ill'. I 
 
 li 1 I ilJi 1 II' ! 
 
 : * 
 
 ' 1 
 
 1 •* 
 
 1 
 
 i 
 
 li 
 
 it 
 
 i'ftlll 
 
 ' 
 
 ll 
 
 
 11 
 
 1 
 
 1 
 
 
 j| 
 
 [ 40 ] 
 
 pears, Is, " the making the colonies a vent for 
 ** BfitKh manufa(ftures." Now if the Biitifli 
 manufacturers are heavily taxed, and the Ame- 
 rican manufadurerpays no taxes, orvery fmall 
 ones, the Britifli manufactures muft come 
 much dearer to the confumer in the Colonies 
 than American manufadures, and confc- 
 quently the Eritifh manufactures u'ill not 
 fell there, and the Colonies will no longer 
 be a vent for them. To prevent which, 
 there can be no means fo evident or effedual, 
 as taking off taxes from the BritiOi manufac- 
 turers and laying them on the American x- 
 nufavSturer. With this view, and with tiiis 
 purpofe, of *' fecuring a vent for the BritilL 
 ^' manufactures," an adt of parliament, lay- 
 ing a poll-tax upon all manufacturers of 
 linen or wool, or a heavy tax upon all kinds 
 of manufactures which fhould be made in 
 the Colonics, would be extremely prouer. 
 For this purpofe aifo, all materials for ma- 
 nufactures fliould be taxed, unlefs exported 
 to Great Britain ; as fliould all tools and in- 
 flruments for manufacturing. The encou- 
 ragement of Engli/Jj navigation likewife 
 opens another vein for -"^rawing off the 
 
 life- 
 
vent for 
 I Britiili 
 leAme- 
 
 Tyfmal! 
 [I come 
 I^olonies 
 
 confe- 
 will not 
 ) longer 
 
 which, 
 ^ffedtual, 
 nanufac- 
 ican X- 
 vith tiiis 
 e Britiili 
 cntj lay- 
 iirers of 
 all kinds 
 made in 
 
 proper, 
 for ma- 
 exported 
 
 and in- 
 e encou- 
 
 hkewife 
 
 off the 
 /ife- 
 
 I 
 
 
 'J 
 
 ■ * 
 
 :i 
 
 
 [ 41 ] 
 
 life-blood of the Colonies, as they call their 
 money. Tonnage duties upon all fliips 
 and veffcls built in the Colonies; duties 
 upon all materials for (liip-building, of the 
 produ6l of the Colon;cL>, or imported there ; 
 and, in fliort, there is fcarcely a tax, internal 
 or external, which the people in England 
 are liable to, that might not be impofed on 
 the Colonies, for fome of thefe purpofes. 
 Befides, if we enter thoroughly into the mat- 
 ter, we lliall find that it is always an argu- 
 ment of the want of finance ability in the 
 minifter who propofes any tax which is not 
 intended to operate beneficially as a regula- 
 tion, as well as to produce revenue. 
 
 A land-tax is a judicious regulation,, in- 
 afmuch as it excites the land owner to cul- 
 tivate and improve his lands ; and with this 
 very view, taxes are laid upon unimproved 
 lands in America, by the colony afTemblies. 
 Thus our Eafl-India duties are many of them 
 calculated to promote our own manufac- 
 tures, as well as to raife a revenue. Thus 
 the duties upon French goods were impofed 
 with a view to check the trade of France, 
 
 to 
 
. i! 
 
 ' '.i 
 
 r 4i ] 
 
 to '^ncourag'^ our own manufadures, and, 
 J u/it r^'J'ie time, to raife a fund for defray- 
 i. .^ the public expences. So likewife are a 
 multitude of our taxes upon articles of luxury 
 and of extravagance in our home confump- 
 tion J fo likewife are the taxes upon many 
 of our exports, to prevent the manufaiSture 
 of cur raw materials abroad, and to encou- 
 rage it at home The double tax upon the 
 Roman Catholics was laid with a view to 
 weaken that intcreft, as well as to raife a 
 revenue; and it was confidered and urged as 
 the ftrongefl motive for laying on the Britifh 
 ftamp duties upon licences to keep alc-houfes, 
 to fell wine and fpirituous liquors, and even 
 thofe upon all law-proceedings, and upon 
 the admiflion of attornies, and many others, 
 that thofe duties would greatly operate to 
 difcourage and diminifli what was wiihed to 
 be checked, as well as produce a public 
 revenue. 
 
 Upon this principle, even the ftamp-adt 
 in America might have been confidered as a 
 regulation ; for it was intended likewife to 
 prevent or detcdl: the forgery of deeds, wills, 
 
 or 
 
 iii^- 
 
'ml 
 
 
 
 [ 43 1 
 
 or other inftruments; to diicourage, by a 
 liigh duty, the grant of large quantities of 
 land to one perlon ; to make all law pro- 
 ceedings and inftruments in the Englifli lan- 
 guage, and thence incite the foreign fubjeds 
 to learn it -, to difcourage a fpirit of unnecef- 
 fary litigation in the Colonies j to prevent dif- 
 orders which frequently h'"-pen from tip- 
 pling-houfes in remote places, and from fell- 
 ing fpirituous liquors to the Indians in the 
 woods ; to make the entries and clearances 
 of fliips more regular ; and to prevent falfe 
 cockets, and feveral things ofthe like nature. 
 
 This boafted diftindion between taxes 
 for the regulation of trade, and taxes for the 
 purpofe of revenue, we therefore fee is 
 without a difference, and will in no fort 
 ferve to protedt the Colonies from parliamen- 
 tary internal and external taxation, however 
 it may ferve for a pretence, under wbich to 
 ftrip parliament of all jurifdidion over the 
 Colonies. 
 
 I have indeed thought of a diftindlon 
 which would fuit the Colonics purpofes 
 
 much 
 
 'L:.m 
 
i|i| 
 
 ;i!r 
 
 [ 44 ] 
 much better, and which, I believe, is what 
 they mean, by the difference between taxes 
 for the purpofc of rever.uc, and taxes as re- 
 gulations of trade, if they chofc to fpeak it 
 out, which is that between the impofing 
 taxes and colleding them. They would ac- 
 knowledge, with all their hearts, a right in 
 parliament to do the one, provided it never 
 attempted to do the odier. It is this new /;z- 
 'vcntion of colleSiing taxes that makes them 
 burdenfome to the Colonies, and an infringe- 
 ment of their rights and privileges; and 
 
 herein it is that Mr. Grenville's adminiftra- 
 tion has proved the lura of the Colonies lofs 
 of liberty. 
 
 The duty of ii\' pence a gallon upon fo- 
 reign molalTes, which had been laid thirty 
 years before Mr. Grenvillc was firll commif- 
 Iioner of the treafury, was no grievance, be- 
 caufe it had never been collecled ; but when 
 that gentleman reduced the duty to three 
 pence, all liberty was at an end — for he 
 took meafures for the Colonies to pay the 
 three pence. 
 
 For 
 
 J^ 
 
; what 
 1 taxes 
 as rc- 
 peak it 
 ipofing 
 uld ac- 
 iiilit in 
 t never 
 new i?!' 
 s them 
 ifringe- 
 
 and 
 
 linillra- 
 lies lol's 
 
 pon fo- 
 thirty 
 
 oniniil- 
 
 nce, ^^- 
 when 
 
 o three 
 for he 
 
 pay tiic 
 
 I 
 
 r'i 
 
 1 
 
 ■& 
 
 i..5h 
 
 I 45 ] 
 
 For this invention of colledting taxes, and 
 making them produdive of r v'enuc, it is, 
 that this gentleman has been cc^nfidered by 
 fome cf the heated advocates of the Co- 
 lonies as the determined, implacable enemy 
 of their liberties j that he has been purfu- 
 cd by them, and their partizans, on this fide 
 the water, with the bittcreft malevolence. 
 Yet, notwithftanding thefe calumnies, thofe 
 who know his public declarations, and his 
 private fentiments, can teftify, that he ne- 
 ver entertained a thought of refenting the 
 harrti and unjuft treatment he met with 
 from them, much lefs did he ever wifh to 
 deprive the Colonics of any privilege \a hich 
 the Biitifh conftitution gave them a right 
 to, or their fafety, and that cf Great Bri- 
 tain, would permit them to enjoy. Many 
 gentlemen in the Colonies authentically 
 know, that fuch are his private difpofitions ; 
 nor can they or the people of Great Britain 
 be ignorant, that he has frequently mani- 
 fefted them in the moft public and folcmn 
 manner. When the parliamentary right 
 ' ^ ■' - •.. V' '/•" ■' of 
 
 For 
 
 
B 
 
 f 
 
 
 i ' i 
 
 [ 46 ] 
 
 of taxation has been qucftioncd, have they 
 not heard him declare in thefe terms, 
 ** That to fuch a lurrendcr of the legifla- 
 " tive authority I can never be a par- 
 ty, as I think it the highefl fpccics of 
 treafon agaiiift the conftitution and fo- 
 vereign authority of this kingdom, to de- 
 prive it of one-fourth part of its fubjedts: 
 but tho' I cannot adopt nor approve of 
 fuch a plan, ye i can fubmit to it ; and 
 ** havingdone my duty to the utmoft, by en- 
 deavouring to convince the king, the par- 
 liament, and the people, of the unhappy 
 confequences of fuch a meafurc, I fhall 
 wait the event till experience has given 
 convidion one way or the other ; and (6 
 far am I from thinking, if I had the power, 
 that I have a right to carry matters to ex- 
 tremity, as it is fuppofed t would, in order 
 toinforcemyownopinicnsincontradidion 
 to theirs, upon afubjedloffuch infiniteim- 
 portance to the whole, that if I were to fee 
 the king, the parliament, and the people, 
 ready to run into extremes on that fide, 
 ** which in the courfe of things feems to 
 ** me highly probable, I would employ all 
 
 " the 
 
 <( 
 
 (( 
 
 <( 
 
 <c 
 
 it 
 
 it 
 
 tt 
 
 tf 
 
 (C 
 
 <( 
 
 tt 
 
 <( 
 
 tt 
 
 tt 
 
 tt 
 
 cc 
 
 cc 
 
 tt 
 
 t( 
 
 
 ,.v ■ 
 
c they 
 terms, 
 egifla- 
 1 par- 
 cics of 
 ,nd fo- 
 , to dc- 
 ibjedts : 
 •ovc of 
 t ; and 
 ,byen- 
 he par- 
 nhappy 
 I fhall 
 IS given 
 and {o 
 ; power, 
 s to ex- 
 in order 
 adidtion 
 niteim- 
 ;re to fee 
 ; people, 
 lat fide, 
 feems to 
 iploy all 
 " the 
 
 [ 47 ] 
 the means in my power to prevent it, and 
 to fuggeft temperate meafures as long as 
 they were pradicahlc; bc'^^g fully per- 
 fuaded, that whatever blame there is, it 
 is owing to thofc in England who have 
 weakly or wickedly miflcd the fubjeds in 
 America, and not to the Colonies thcm- 
 fclves, who have done no more than any 
 other people would have done, to whom 
 an immunity from taxes had been holden 
 forth, and who have been encouraged as 
 they have been." But not to enter fur- 
 ther into this matter, and to return from this 
 "igreflion, which juftice to fo diftinguiflicd 
 u charadcr, and the defire of undeceiving 
 my fellow- fiibjedts in the Colonies led me 
 into, let us enquire whether this tax could 
 have operated as a regulation of trade, or 
 fulfilled any purpofe of parliament in im- 
 pofing it, if it were not coileded. 
 
 The purpofe of parliament in impoling 
 the tax, as the flatute expreffes it, was to give 
 a preference to the molafles of the Britifh 
 illands, or, in other words, to raife the 
 price of foreign molalTes fo high, that the 
 
 molafles 
 
:LJ\ r 
 
 I -^W 
 
 
 ■I 
 
 I illl 
 
 I'L^siriUh 
 
 i'!! Hllflll 
 
 5 illniiffl 
 
 ■ 
 1 
 
 [ 48 ] 
 
 molaiTes of our own iflands could be afford- 
 ed cheaper, or at leaft at the fame price. 
 Now, unlefs this tax was collecfted, this pur- 
 pofe could not be eife6led -, and if it was col- 
 lected, and the fume quantity of foreign mo- 
 laiTes was imported, as has been imported 
 fince the tax was reduced to three pence, 
 the revenue which fliould have arifcn from 
 this reG:ulation tax would have be "n double 
 i^he fum. of what the tax of three pence im- 
 pofcd for the purpofe of revenue produced, 
 which would have been a moft notable proof 
 of the difference in this diftintftion. But fup- 
 pofe the tax of fix pnce a gallon was too hea- 
 vy for the foreign commodity to bear, and 
 that the molaffes of the Britiili iflands only 
 was imported, as cheaper than the foreign 
 with the duty, the duty then operates as a 
 prohibition upon foreign mdaffesj and what 
 is the confequence ? The people in the Co- 
 lonies are obliged to purchafe tLe molaffes 
 of the Briti(h iflands at the pric^ they can 
 afford to fell it for, or at which they chufe to 
 part with it. Now, as it comes dearer than 
 the foreign molaffes would, if there were no 
 duty, the difference of price between what 
 
 the 
 
t 49 ] 
 
 the Colonies paid Tor foreign molaffes before 
 the Duty, and that whbh they paid for ths 
 molafTes of the Britifh iflands fince the duty* 
 is a tax taken out of the pockets of the peo- 
 ple in the ColCiiies by a6l of parliament, 
 and put into the pockets of the planters in 
 the Britifh iflands. Are thefe then the fort 
 of taxes which parliament has a right tc im- 
 pofe upon the Colonies ? Does the purpofc 
 of the tax, being for enriching the fugar 
 planters in the Britifa iflands at the expencc 
 cf the Colonies on the Continent, make it 
 more palatable to the Colonies, than if it 
 were for the general fervice of prGtccting and 
 fecuring themfelvec ? And after all, is it the 
 privilege of being taxed by parliament for the 
 benefit of individuals in other parts of the 
 Britifh empire, and an exemption from faxes 
 for the general good, that the Colonies are 
 contending for ? 
 
 Perhap, it may be thought that I have 
 fpent more time and taken more pains in 
 expoflng the ahfurdities contained in this ex- 
 travagant dodrine, of a right in parliament 
 to impofe taxes a.-; regulations of tradp, but 
 
 E xiot 
 
 ■ c 
 
<< H 
 
 ; i;, 
 
 f '! 
 
 [ 50 1 
 
 not to inipofe any for the purpofe of revenue, 
 than the importance of it merited, or the 
 authority by which it is fupported intitled it 
 to ', for it would be fo very eafy for parlia- 
 ment to draw from the Colonies whatever 
 revenue it thought fit to require, under the 
 defcription of taxes yor tbe regulation of trade ^ 
 that, merely for the purpofe of revenue, it 
 might never be requifite for parliament to 
 impofe any taxes whatever on the Colonies, 
 and therefore the right of doing fo on that 
 account is not worth enquiring into. But 
 whatever impeaches the jurifdid:ion of par- 
 liament over the Colonies, however inligni- 
 ficant in itfelf, becomes of importance from 
 its confequences ^ for if the authority of the 
 legillacive be not in one inftance equally fu- 
 preme over the Colonies as it is over the 
 people of England, then are not the Colo- 
 nies of the fame community with the peo- 
 ple ot England All diftindions deftroy this 
 union j and if it cai; r^^: (hewn iii any parti- 
 cular to be uill'jlved, x liiuit be fo in all 
 inftimccs whattivei. T^ erei^ no alternative: 
 ei iifr f!»c Coiijuciu :irc a part of the commu- 
 S^\iy of Great Bniain;, c;: tiicy are in a flate 
 
 of 
 
r 5' 1 
 
 6f nature with refpedt to her, and in no cafe 
 can be fubjed: to the jurifdidiun of that le- 
 giflative power which reprefents her com- 
 munity, which is the Britifh parliament. 
 
 \ii>. 
 
 
 However faint any line of partition may 
 be attempted to be drawn between the peo- 
 ple in England and the people in the Colo- 
 nies, it is not to be endured, if we would 
 preferve the union between them as end 
 community, and the fupremacy of parlia- 
 ment over all as the reprefentative of that 
 community. 
 • \ .^ ''■''..•,■ . ■' 
 
 If the Farmer's Letters were indeed to be 
 confidered as mere fpcculative eflays upon 
 civil government, neither the juftnels or ele- 
 gance of the compodtion, the knovvledgd 
 of the fubjed handled, or the confiitutional 
 learning difplayed in them, v/ou!d give them 
 much authority, or intitlc them to the no- 
 tice I have taken of them ; but their pur- 
 pofe being to excite refentment in the Colo- 
 nies againft their parent country, and to pufii 
 them on to a feparation from her, tendernefs 
 for my deluded fellow-fiibje'l^ts engaged ma 
 
 F 3 to 
 

 i 
 
 mm\m 
 
 f 
 
 1' 
 
 1-1 
 
 r f2 ] 
 
 to cxpofe the fallacies and abfurditics at- 
 tempted to be iiiipofed upon them for de- 
 monflrative truths ; with the fame view, I 
 lliall now feled a few out of the many in- 
 confiftcncies and felf-contradidlioris of that 
 writer. " If (fays he in his firft letter) the 
 Britilh parliament has a legal authority to 
 order that we fhali furnifh a fingle article 
 for the troops here, and to compel obe- 
 dience to that order, they have the fame 
 right to order us to fupply thofe troops 
 with arms, cloaths, and every neceffary ; 
 and to compel obedience to that order 
 alfo : in fliort, to lay any burdens they pleafe 
 upon us. Again, an adt of parliament, 
 commanding us to do a certain thing, if it 
 has any validity, is a tax upon us for the 
 expence that accrues in complying with 
 " it." In another place in the fame letter 
 he fays, " If Great Britain can order us to 
 ** come to her for neceffaries we want, and 
 " can order us to pay what taxes (lie pleafes 
 " before we take them away, or when we 
 " land them here, we are as abje(fl flaves as 
 " France and Poland can ihew in wooden 
 
 ^* flioes and with uncombed hair." 
 
 « Let 
 
 <c 
 
 <c 
 
 (C 
 
 (C 
 
 « 
 
 <c 
 
 cc 
 
 ci 
 
 (C 
 
 c< 
 
 (( 
 
[ f3 ] 
 
 <( 
 (c 
 
 (C 
 
 t( 
 
 (C 
 
 a 
 
 iC 
 it 
 
 " Let us (fays he in his twelfth letter) 
 confider ourfelves as men, freemen, chri- 
 ftian-freemcn, fcparated from the rejl of^ 
 the world y and firmly bound together 
 by the fame rights, interefts, and dan- 
 gers." " What (continues he) have thefe 
 Colonies to aflc while they continue free ? 
 jr what have they to dread, but infidious 
 attempts to fubvert their freedom ? T^hey 
 Jorm one political body of which each colony 
 is a member" 
 
 Let 
 
 If we take the fenfe of thefe feveral paf- 
 fages together, we fliall find that the exer- 
 cife of fovereign authority over the Colonies 
 is connedled fo intimately with the right of 
 taxation, that the one cannot fubfiil: without 
 the other in any cafe whatfoever. The im- 
 prefling waggons or boats for the tranfporta- 
 tion of troops or their baggage ; the quar- 
 tering them even upon public houfes j their 
 trampling down a man's fences in their 
 march, or encamping upon his grounds j their 
 paflage over ferries or toll-bridges — are all 
 taxes, itfeems ; for in all thefe cafes, y^w^/to^ 
 is furnilhed to the troops, or fcmething is 
 
 E 3 done 
 
 it 'I 
 
 !y 
 
 . I 
 
[ 54 ] 
 
 (lone by them, or fomething Is commanded 
 to be done for them, from whence Jbme eX' 
 pence will accrue to the people in the Colonies, 
 And if parliament has no right to require any 
 of thefe things to be done, without the con- 
 fent of the Colonies, it can have no right 
 to keep up any troops in the Colonies, or to 
 iiiarclf them through the country without 
 their con fent, which is repugnant to every 
 idea of fovereignty on the one part, and of 
 dependence on the other; befides, there can 
 be neither reftraints nor regulations of trade 
 but what muft fall within fome of thefe de- 
 fcriptions of taxes. To oblige a planter to 
 carry his produds to a port of entry, when 
 a veiTcl can take them in at his own landing- 
 place, nay, to oblige a merchant to (hip his 
 goods from the cuftomhoufe-quay, when 
 another wharf is more convenient to him, 
 is to command the planter and merchant to da 
 (ertain things from whence expence will accrue. 
 The fees paid the officers of the cufloms 
 for entries and clearances, are alfo expences 
 charged upon the Colonies, and confequcnt- 
 Jy taxes. Confining the Colonics to purchafe 
 commodities or manufactures in Great Bri- 
 tain, 
 
[ 55 ] 
 
 tain, when ♦^hey could purchafe them at a 
 cheaper rate elfevvherc, is taxing them in 
 this way of reafoning ; obliging the Colonies 
 to fell their produ(5ls in Great Britain, or to 
 land them there before they carry them to 
 another market, is likewife a tax upon 
 them — for in all thefe cafes, they are com- 
 mandcd to do Jomcthing from whence expence 
 accrues. 
 
 I. i . 'i 
 
 ! ■';■' 
 
 All the taxes which are paid by the peo- 
 ple in England, inafmuch as they ferve to 
 raife the price of labour or materials, and 
 thereby raife the price of manufactures., are 
 all taxes upon the people of the Colonies, 
 who are obliged to purchafe thofe manufac- 
 tures at our prices, and may not get them 
 from other countries. 
 
 It would be endlefs to trace this doflrlne 
 of taxes through all its confequences. I 
 have already gone far enough to fhew, that 
 upon Mr. Dickenfon's principles, where they 
 cannot be impofed, there can be neither re- 
 ftraints upon trade, nor exercife of fovereign 
 authority 5 and that if Great Britain does 
 
 E 4 not 
 
 1:1 
 
 1 : ' 
 
 ' i 
 
 M f- 
 
C 56 ] 
 
 not poflefs the right of taxing the Colonies, 
 ilie has no right to exercife any jurifdidion 
 over them ; but that the Colonies are, as 
 Mr. Dickenfon fays they are, of themfelves, 
 " a diilind community, or one political 
 " body of which each colony is a member, 
 *' feparated from the reft of the world," 
 and efpecially from Great Britain. Yet not- 
 \vidin:anding, thefe are clearly the confe- 
 quenccs which mufl: follow from his pre- 
 mife J and that fuch are the confequences the 
 Colonies mean fliould follow from them ; 
 yet Mr. Dickenfon, not caring to difcoverthe 
 whole of their purpofe fo fully at prefent, 
 in the beginning of his fecond letter, thus ex- 
 prcfTes himfelf : " The parliament unquef- 
 tionably pofTefs a legal authority to regulate 
 the trade of Great Britain and all her 
 Colonies : fuch an authority is effential 
 ** to the relation between a mother country 
 ** and her Colonies, and neceflary for the 
 " common good of all. He who confiders 
 " thefe provinces, Tusjiates dijli?i£l from the 
 «< Britijh empire^ has very flender notions of 
 «' juflice, or of their interefts : we are but 
 « ^arts of a whokj and therefore there muji 
 
 *» esciji 
 
 « 
 
 <c 
 
 cc 
 
t< 
 
 t( 
 
 tc 
 
 cc 
 
 [ 57 ] 
 
 " exiji a power fomewhere to prefide and pre- 
 ferve the conneStion in due order -y this power 
 islodgedin the parliament" Again, in the 
 fame letter, he fays, " that we (the Colonies) 
 may be legally hound, by adt of parlia- 
 ment, to pay any general duties on thefe 
 *' commodities, that is, paper and giufs 
 *' &c. relative to the regulation of trade, 
 ** is granted''. How it comes to pafs that 
 thcfe general duties do not occafion an 
 expence to the people who pay them^ Mr. 
 Dickenfon has not told us, or in what 
 manner the parliament of Great Britain can 
 exercife its legal authority to regulate the 
 trade of the Colonies, and prelide over the 
 the whole, and preferve the connexion in due 
 order y without a power of commanding the 
 Colonies to furniJJo a Jingle article L. fuch 
 part of the national forces, as it may, for 
 thefe purpofes, be thought fit to ilation 
 among them j or what fort of regulations 
 of trade parliament can devife, from the 
 obfervance of which no expence will ac- 
 crue to the Colonies, are matters which he 
 has not thought proper to explain. 
 
 But 
 
 111! 
 
! 
 
 i'i 
 
 ''-I 
 
 i! 
 
 n I- i 
 
 
 i\ ^ 
 
 f 53 I 
 
 But thcfe aie not all the difllcultlcs which 
 occur in this extraordinary performance. 
 The definition of a tax, fliys this writer, in 
 his fourth letter, is, that it is an impofuion 
 on the JiibjcB, for the sole purpose of k- 
 vyi?ig money. All taxes whatever, there- 
 fore, which arc not impofed with this fole 
 piirpofey are no taxes at all j and neither the 
 impofing or the levying the tax, can there- 
 fore be the grievance, but the purpofe for 
 'which it is granted^ or the ufe to which it is 
 applied. But in his ninth letter, he changes 
 his opinion ; for. fays he, ** if money be raiied 
 upon us by others, without our confent, 
 for our defence, thofe who are the judges 
 in levying it, mufl: alfo be the judges in 
 applying it. With what face can we dif- 
 pute the fa£t, after having granted, that 
 thofe who apply the money had a right to 
 levy it? Befides," he goes on, ^^ the right 
 of levying is of infinitely more confequeftcc 
 than that of applying." The reference 
 he makes to the pra6life in England, in 
 order to elucidate his reafoning in this 
 particular, is an equal proof of his know- 
 ledge 
 
 (C 
 
 cc 
 
 <f 
 
 <c 
 
 iC 
 
 cc 
 
 <t 
 
 cc 
 
 cc 
 
t 59 ] 
 
 ledge of the conftitution of this country, 
 and of his qualifications as a critic upon 
 its government. " The people of Eng- 
 *' land, fays he, who would burft out into 
 " fury, if the crown fhould attempt to levy 
 " money by its own authority, have always 
 " (iS^g^i^d to the crown the application of 
 " money r 
 
 % 
 
 
 Perhaps all thcfe feeming abfurditics and 
 contradidions would be reconciled or obvi- 
 ated, if we rightly undcrftood the account he 
 gives us in the firft page of his fiift letter, of 
 the conncdtion between Great Britain and her 
 Colonies ; and it is a pity his learned editor 
 has not given the public a diflertation upon that 
 moft ingenious and inftrudivc paflage. " We 
 " are," that is, the Colonies are, fays he " as 
 **' much dependent on Great Britain, as a per^ 
 " fe^ly free people can be on another." 
 
 But the main objedion, and on which 
 all the other objedions made by the Colo- 
 nies againft the right of parliament to 
 impofe taxes upon them, is founded, re- 
 mains to be examined. ^* They tell us, that 
 -i. " it 
 
• l« 
 
 I' 
 
 r 60 ] 
 
 " it is the true principle of government, 
 ** that no man fliould pay a tax to which 
 ** he does not confent, cidicr in his own 
 pcribn, or by his reprclcntativc cholcn by 
 him ; that the Colonies are not reprefcnted 
 in the Britilh parliament, and thereiorc 
 cannot be taxed by it." 
 
 (( 
 
 <( 
 
 <c 
 
 «c 
 
 This dodrinc, that taxation and repre- 
 fentation upon the true principles of go* 
 vernment muft go together, is fo well cal- 
 culated to captivate the miltitude in this 
 country, and fo flattering to the Americans, 
 as it intirely abrogates the authority of par- 
 liament to tax the Colonies ; that it is not 
 furprizing it has found partizans in Great 
 Britain, and has been univerfally adopted in 
 America, without much enquiry or exami- 
 nation into its foundation, in reafon or fadt. 
 And yet, if it be applied, as m ihe inftance 
 before us, to an acSlual or a diJlinSi repre- 
 fentation of all thofe nvho are taxed, and no 
 other will lerve thepurpofe of the Colonies, 
 it is not true of any government now exifting, 
 nor, 1 believe, of any which ever did exift. 
 In this fenfe it neither is nor ever was true 
 
 ia 
 
t (" ] 
 
 in Great Britain ! It is not true In any of the 
 charter or royal governments in America: 
 it is not true in the province of MafTachufets 
 Bay, in which, by the hift hiftory of it, 
 there appears not only to be a multitude 
 of individuals, but even forty tov^^nfhips ot 
 freeholders now taxed, who have no diftin<!l 
 reprefcntatives : fo far therefore is this doc- 
 trine of diftin(5t reprcfentation and taxation 
 from going together, " being joined by God 
 '* himfelf ; founded in the eternal law of 
 " nature ; having grown up with the condi- 
 <* tution of England ;" that it never exifted, 
 cither in England, or any other country in 
 the world. . i\ 
 
 I] 
 
 'I! 
 It 
 
 W 
 
 ' il 
 
 The origm of parliament In England 
 lies hid indeed in the obfcurity of anti- 
 quity ; we only know, that antecedent 
 to the times which our hiftories run back 
 to, the great men of the realm, who held 
 their lands in caplte from the crown, to- 
 gether with the king, compofed the fupreme 
 legiilature. Theconfent of thofe who held 
 their lands of the crown was therefore 
 neceffary, from time immenrorial, to give 
 
 being 
 
 m\ 
 
'if 
 
 w 
 
 », 
 
 M: 
 
 il 
 
 %-iiiii 
 
 i«il,:i;^,1l 
 
 C 62 I 
 
 being to every law, by which the people 
 of England were bound. But it cannot 
 be faid, that thefe tenants in capite wer« 
 then the reprefentatives of the people of 
 England, in any other fenfe of the term, 
 than the lords of parliament may now 
 be faid to be their reprefentatives. And 
 when, from the frequent forfeitures of the 
 great tenants, and the parcelling out their 
 lands among the fucceffive kings favorites ; 
 from the granting away the patrimony of 
 the rrown to fundry individuals, and from 
 a variety of other caufes, the tenants in 
 capite became too numerous for all to af- 
 femble ir parliament, and many of them 
 were too poor to bear the charge of an at- 
 tendance there J the device of fending a 
 Jew of iheir body, as reprefentatives of the 
 whole of thefe leffer tenants, was hit, upon. 
 Yet, even thefe deputies of the kjfer tenants 
 were not the diftindt reprefentatives of the 
 people of England j they diftindlly reprefented' 
 thofeonly who in themfelves had a right 
 to a fliare in the legiilature, and by whomihQ^ 
 v/ere deputed or ek^ed, 
 
 la 
 
[ 63 ]. 
 
 In Do6toi Robertfon's celebrated hlftory of 
 Scotland, we have a full account of a fimilar 
 tranfa£lion in that kingdom, where the con- 
 flitution was the fame with the ancient con- 
 flitution of England ; and a copy of the pe- 
 tition of the lelTer tenants to parliament, for 
 leave to fend reprefentatives, is there given 
 in the appendix. But a ftill more recent 
 inftance to the fame purpofe is to be met 
 with in the treaty of union between the two 
 kingdoms. We there lee the peers of Scot- 
 land, all of whom had an unqueftion- ble 
 right to a perfonal fiiare in the legiflature of 
 that kingdom, relinquifhing their individual 
 nght, and taking up with a right of fending 
 fixteen of their body as reprefentatives of the 
 whole to the parliament of Great Britiin. It 
 is not pretended that thefe fixteen peers of 
 Scotland are the diftind: reprefentatives of 
 the people of Scotland, from their being 
 eleded by the peers of Scotland j and why 
 fliould the knights of (hires in that kingdom 
 or in England be called the diftrid reprefenta- 
 tives of the people of Scotland or of England, 
 becaufe they are elected by ih^ freeholders m 
 each kingdom ? They diflindtly reprefent thofe 
 
 who 
 
 i I' 
 
 
1 m 
 
 1 
 f ... 
 
 1'' 
 
 ,.. 
 
 1 ■ -h 
 
 [ 64 I 
 
 who eledl them, and who have a right by 
 the conftitution to be diftiniflly reprefented, 
 and they diftindlly reprefent no one elfe -, nor 
 are the members fent to parliament by bo- 
 roughs and corporations, more properly the 
 diftindl reprefentatives of the people of Great 
 Britain, than are the knights of the (hires. 
 All the corporations and boroughs who eledt 
 members for parliament, do it by virtue of 
 a charter for that purpofe from the crown, 
 or by prefcription, which, in law, prefup- 
 pofes a grant or charter beyond time of me- 
 mory. The kings of England for many 
 centuries conftantly exercifed the right of 
 creating corporations, with the power of 
 chufing members to parliament, and vefted 
 that power in many or in a few at their 
 difcretion ; fome of thefe, particularly the 
 two univerfities, were incorporated for that 
 purpofe fo late as the reign of James the 
 Firft ; and, unlefs it is reftrained by the aft 
 of union of the two kingdoms, I do not know 
 that this power has ever been taken away. 
 
 This 
 
 l!!.;! 
 
li 05 ] 
 
 This right In corporations of electing re- 
 prefentatives to parliament, is therefore clear- 
 ly derived from the grant of the crown ; and 
 the members of the corporation exercife 
 that right, becaufe the corporation bcids of 
 the crown. A corporation feems to be an- 
 alogous to a great barony or county, held in 
 capite from the crown, the tenant for the 
 whole of which had a right to a perfonal 
 fliare in the legiflative ; but the crown 
 choofing to divide the lands among a number 
 of individuals, the whole right to a feat in the 
 legiflative afTembly cannot be claimed by 
 any one individual, it being the common or 
 joint right of all the members. But they can 
 by their election unite the right of the 
 whole body in fuch perfon as they depute 
 to reprefent their body. Hence does it 
 appear, that the rcprefcntatives fent to parli- 
 ament by corporations, are the dijiindl rcpre- 
 fcntatives only of thofe who are members 
 of the feveral corporations ; that is, of fuch 
 as partake of thefe grants from the crown, 
 and hold under them : for to fliy, that re- 
 prcfeatativcs chofcn by perhaps twelve men, 
 
 F or 
 
 i it; 
 
 ! ■ 
 

 P 
 
 
 
 
 
 
 
 
 
 'l 
 
 ill 
 
 
 ''ml 
 
 [ 66 ] 
 
 or the majority of twelve, which is feven, 
 incorporated by the crown for that purpofe, 
 are the a^lual or diJlhiB reprefentatives of 
 the whole people, is to confound all ideas 
 of language or things. 
 
 How then can it be faid, that taxes im- 
 pofed by a houfe of commons, conftituted, 
 as we have feen, by the freeholders in coun- 
 ties and members of corporations, are given 
 by the confent of the majority of the people, 
 or their deputies, at the time being. 
 
 It Is, moreover, worthy of remark, that 
 thefe members fent t^ parliament by the 
 freeholders and corporations, are not called 
 the reprefentati'uei of the people, but the 
 commons in parliament. They are fo flyled 
 in all the old writs and records ; they are fo 
 ftyled to this day in every adt of parliament j 
 and they adt not only for their own particu- 
 lar communities, by whom they are feverally 
 elected, but each of them for the com- 
 munity of the whole. 
 
 The 
 
[ 6; ] 
 
 Thefubjed:s of Great Britain are not, how- 
 ever, without their reprefcntatives, though 
 the members who compofe the Houfe of 
 Commons cannot be faid to be diftlndly fo. 
 Neither are they bound by laws, nor is their 
 money taken from them without their own 
 confent given by their reprefcntatives. The 
 Kingy Lords, and Commons arc their rcprc- 
 fentatives j for to them it is that they have 
 delegated their individual rights over their 
 lives, liberties, and property j and fo long as 
 they approve of that form of government, 
 and continue under it, fo long do they con- 
 fent to whatever is done by thofe they have 
 intruded with their rights. 
 
 
 H 
 
 m 
 
 *' Laws they are not (fays Hooker) which 
 *' public approbation hath not made fo. 
 " But approbation 720t only they give, who 
 '* perfonally declare their aflent by voice, 
 *' fign, or adl, but alfo when others do it in 
 " their names, by right originally at the leafl 
 " derived from them. And to be command- 
 " ed ive do confent^ when i\ii\Jociety ivhere- 
 << of we are part hath at any time before 
 
 F 2 *' confent ed 
 
 1 ! 
 
 
 i.'- 
 
 i.:i 
 
 i ■ 
 1 ' 
 
 - * 
 
 \'i 
 
 i \ 
 
 \: i 
 
 1:3 
 
 '-'\ 
 
 ^ 
 
 11 
 
 k 
 
 
 i 
 
'li^i 
 
 i 
 
 , I 
 
 hi! ! 
 
 
 [ 68 ] 
 
 *' confcnted^ without revoking the fame after 
 *' by the like univcrfii agreement." And 
 Mr. Locke, who followed this learned 
 invcfligator of the rights of mankind, in 
 his anfwer to Sir Robert Filmer, after 
 having (liewn that the origin of all power 
 is from the people only ; that every form 
 of government, whether a democracy, an 
 oligarchy, an eledlive or heriditary mon- 
 archy, is nothing more than a truft delegated 
 by the fociety to the perfon or perfons fo ap- 
 pointed, lays it down as a fundamental maxim 
 in all governments : " That the legijlathe is 
 ** the joint power of every member of the fo- 
 " ciety, given up to that perfon or affembly 
 *'• which is legillator ; and that even the execu^ 
 tivCy when vefled in a fingle perfon, is to be 
 co?iJtderedas thcrcprejhitativc of the cojnmon^ 
 ^wealthy And he then adds 5 " Nobody 
 doubts but an exprejk corifint of any man 
 entering into fociety, makes him a perfe<ft 
 member of that fociety, a fubjedt of that 
 government. The difficulty is what 
 " ought to be looked upon as a tacit confent-, 
 " and to this I fay, that every man that hath 
 
 " any 
 
 tc 
 
 (( 
 
 t( 
 
 (( 
 
 cc 
 
 (( 
 
 cc 
 
m 
 
 [ h ] 
 
 " any poljejjiom or enjoyment of any part of 
 ** the dominions of any government^ doth 
 " thereby give his tacit confenty and is as far 
 " forth obliged to obedience to the laws of 
 " that government during fuch enjoyment ^ as 
 " any one under it.'' 
 
 Upon this principle, the king and the 
 two houfes of parliament, are by our con- 
 jftitutioii reprefentatives of the legillative, 
 as the king alone is of the executive power 
 of the commonwealth j and, upon this prin- 
 ciple, every fubjedl of Great Britain, when 
 he is taxed by parliament, is taxed by his 
 own confent, for he is then taxed by confent 
 of thofe whom the focicty has impowered 
 to ad: for the whole j and every member 
 of the community muft therefore fubfcribe 
 his tacit confent to all fuch taxes as may 
 be impofed, or other legillative ads that 
 may be done by thofe whom the fociety has 
 appointed, as long as the form of govern- 
 ment fubfifts. This is the Britijh conftitU' 
 tion ; and if the Britifh fubjeds in America 
 flill continue to be part of our community, 
 it follows that they alfo are leprefented by 
 
 F 3 the 
 
 'k 
 
 > I 
 
[ 7° ] 
 
 the Britifh legiflative, and equally bound by 
 its laws. 
 
 That the firft inhabitants of the Colonies 
 were part of the Britifli community, and 
 bound to obey its legiflative power in ail re- 
 fpe6l.^, as any other fubjedts at the time of the 
 eJiabUftjmcnt of thofe Colonies, will not be 
 denied. How then has that obedicrcc been 
 altered or releafed ? Thofe Colonies were all 
 created by charters or temporary authori- 
 ties, from the executive power of this com- 
 munitv, except in the cafes of Jamaica, 
 New York, and the late acquifitions of 
 Quebec, the Ceded Idands, and the Two 
 Floridas, which were conquefts made by 
 this community upon foreign powers, and 
 fuch of their fubiecfts as remained were in- 
 corporated with us under our laws and obe- 
 dience. And it cannot, we have feen, be 
 pretended, that this obedience has been al- 
 tered or releafed by charters or authorities 
 from the executive power 5 for, on the con- 
 trary, the obedience to the laws of Great 
 Britain, without any reJiriSlion, is exprefly 
 referved in every one of them, and parti- 
 cularly 
 
I % ! 
 
 [ 71 ] 
 
 cularly the right of taxation is mentioned 
 and referved to the parliament of Great 
 Britain by the charter of Pennfvlvania, in 
 which colony Mr. Dickenfon wrote his 
 Farmer's Letters. 
 
 But fuppofe It had been otherwlfe; can It 
 be contended, that the executive power of 
 the crown, can, by any grant or authority, 
 alter or annul the legiilative power in the 
 article of taxation, or any other ? Will ihofe 
 who contend that this right of taxation be- 
 longs only to, and can only be exercifed by the 
 deputies of the people, contend at the fame 
 time for a right in the crown or executive 
 to annul or reftrain the legiQative power, 
 partly compofed as it is of thefe deputies, 
 in that very article of taxation ? If they do, 
 let them hear Mr. Locke in reply. He 
 will tell them, that ** even the Icgijlative 
 power itJelfc2iX\not transfer the power of 
 making laws to any other hands ; for it 
 being but a delegated power from the 
 people, they who have it cannot pafs it 
 over to others." He fays, moreover, that 
 ail obedience, which, by the moft folemn 
 
 F 4 ties 
 
 t( 
 
 (( 
 
 cc 
 
 (C 
 
 C( 
 
 (C 
 
 M 
 
 , .1 
 
 i I 
 
 \ t , 
 
 \\'4 
 

 f!|- '<( 
 
 (C 
 
 (( 
 
 (( 
 
 [ 7» ] 
 
 '* tics any one can be obliged to pay, ul- 
 " tim:\tely terminates in tbis lupreme power, 
 *' the Icgillative, and is dircdled by thole 
 *' laws which it cnadts ; nor can any oadis 
 '• to any foreign power vvhatfoevcr, or any 
 domcjlic fubordinatc pr^ocr^ difcharge any 
 member of the fociety from his obe- 
 dience to the iegiflative, ad:ing purfuant 
 " to their trurti nor oblige him to any obe- 
 " dience contrary to the laws fo cnadted, 
 " or farther than they do allow ; it being 
 *' ridiculous to imagine, one can be tied w/- 
 timatcly to obey any power in the fucicty 
 which is not fupreme." He fa) in 
 another place ; ** there can be but one fu- 
 " preme power, which is the Iegiflative, 
 " to which ail the relt arc and muft be 
 *' fubordinate." 
 
 It is however pretended, that the lands 
 ni America lying without the realm, and 
 appertaining to the king only, their pofTeflbrs 
 cannot from thofe circumftances be fubjecft 
 to thejurifdidtion of parliament, whofe au- 
 thority is necelfarily confined "ithin the 
 limits of the realm. This plea, it is pre- 
 
 fumcd, 
 
 K 
 
 i( 
 
[ 7.? ] 
 
 (Ijmcd, cannot be made by the inhabitants 
 of fiich lands as were conquered by tho 
 forces of the Hritifli (late from foreign 
 powers, or ceded to Great Britain by tr aty. 
 Thole conquefts or cefl'ions arc furely the 
 dominions of the crown of Great Britain, 
 not the private property of the king, which 
 have thus been acquired by the efforts, the 
 blood, and treafureof the community; and 
 indeed Mr. Dickenfon puts thefe out of the 
 queflion in all that he fays of the rights 
 of the Colonies. 
 
 But does the difcovery of countries by 
 the fubjcd:s of the Britifli ftate, or the 
 ceflion of them by the natives, make thofe 
 countries more particularly the private pro- 
 perty of the king, than would the conquefl 
 of them by force of arms from a foreign 
 prince, or the acquifition of them by 
 treaty ? The difference only lies in the 
 change of the term, the Crow?! for that of 
 the Khig ; but that change has been made 
 without authority, either of reafon or fadl. 
 The kings of England never had perfona^ !y, 
 nor ever claimed to have any property in : le 
 
 lands 
 
r' 
 
 Mi 
 
 !> [> i 
 
 [ 74 ] 
 lands In the Colonics. Thofe of them wlio 
 carried their claims of prerogative the 
 l)ighert, never pretended to have any other 
 title to thofc lands than what they derived 
 from their poircflion of the crown of Eng- 
 land, and they granted them under that 
 title to their pre lent pollellbrs, or their an- 
 ceftors i for all giants of lands in the 
 Colonies have heen made under the great 
 feal of England, or hy authority derived 
 under the great feal of England, which is 
 the fame thing, from the firll difcovcrv of 
 Amciica to this day. 
 
 ry 
 
 No man, at lead: no lawyer, will pretend, 
 that the great feal of England is the private 
 feal of the king. It is the feal of the ftate, 
 and diflinguillies the ads of the ftate from 
 the private ads of the king j nov/, had the 
 kings of England claimed to hold the lands 
 in the Colonies as their own private ejlate, 
 they would have granted them of their own 
 private aiitborityy and pafl'cd them under 
 their own private feal, and not under the 
 great feal of England. The very nature of 
 the grant or charter is therefore an undeni- 
 able 
 
f 75 3 
 
 able proof, that the lands in the Colonics 
 are, and always have been, the pofTcflions 
 or dominions of the; crown of England, and 
 not the private pcrfonal property of the kings 
 of England. And it is an equally undeni- 
 able confequencc, that thofe who hold thofe 
 lands under fuch grants or charters, or by 
 whatever title which derives it3 authority 
 originally or immediately under the great 
 feal of England, hold them of the crown of 
 England^ and ^s part and parcel of the realm ; 
 for the crown's cftate muft neceflarily be 
 widiin the realm, fince it is the eftate or 
 dominions of the crown (diough not of the 
 king) which make the realm. What then 
 are the quit-rents which are paid by the pof- 
 felTors of lands in the Colonies to the crown, 
 or to thofe who derive under the crown, 
 but a tax impofed by authority of the great 
 feal of England on fuch who fliould take 
 polTeflion of thofe lands, not only as an 
 acknowledgment of their fealty and allegi- 
 ance, but for the purpofe of revenue ? 
 
 Thofe quit- rents are a part of the unap- 
 propriated revenue of the flate, and, as 
 
 fuch, 
 
Ji .,,1 
 
 .1 ' I I' 
 
 ■ i . . 
 
 ! i 
 
 :''\ 
 
 [ 76 ] 
 
 fucby become the property of the crown 
 ivitkout account. But it is not the private 
 property of the king ; for the king cannot 
 alienate it, or give it away from the fuccef- 
 for tG the crown, for a longer term than he 
 ca'i alienate or give away other iinappropri- 
 ated revenues arifing in England. 
 
 The lands in all the Colonies having 
 therefore heen clearly (liewn to be part of 
 the dominions of Great Britain, and the 
 poflfTors of them to hold them under au- 
 thorities and titles derived from the Britidi 
 flate, Mr. Locke would require lio other 
 proof of the right of the legiflative power of 
 Great Britain to the obedience o'i the poireiT- 
 ors of thofe lands ; for, fpeaking of the 
 manner by which a man tacitly makes him- 
 felf a fubje(5t of any country or government, 
 he fays : 
 
 \\'\ 1 
 
 r 
 
 (c 
 
 cc 
 
 <c 
 
 «( 
 
 " It is commonly fuppofed, that a father 
 could oblige his pofterity to that govern- 
 ment of which he himfeif was a fubjedt, 
 and that his compad held them 3 whereas 
 it being only a neccjj'ary condition annexed 
 
 " tQ 
 
 ■ ' .1 : 
 

 [ 77 ] 
 
 to the /and J and the inherit ance of an ejlate 
 'which is under that government, reaches 
 only thoit; who will take it on that condi- 
 tion, and fo is no natural tic or engage- 
 ment, but a voluntary jubmijlion ; for every 
 man's children, being by nature as free as 
 himfelf, or any of his anceftors ever were, 
 may,whilft they arc in that freedom, choofe 
 what fociety they will join themfelves to, 
 what commonwealth they will put them- 
 felves under j but if they will enjoy the in- 
 heritance of their anceftors, they miift take 
 it on the fame terms their anceftors had it^ 
 and fubmit to all the conditions annexed to 
 fuch a pojjejjion" '' Whoever (fays he in 
 another place) by inheritance, pur chafe, 
 permifjion, or other-ways, enjoys any part 
 of the land fo annexed to, and under 
 the government of, that commonwealth, 
 mull take it with the condition it is un- 
 der J that is, of fuhmitting to the govern- 
 ment of the commonwealth under whofe 
 jurifdiSlton it is, as far forth as any fub- 
 jea of it!' 
 
 \ » 
 
 V- 
 
 I have 
 
mw 
 
 Vi 
 
 ft 
 
 !•; I 
 
 
 [ 78 ] 
 
 I have quoted thefe pafiages from Mr« 
 Locke's Trcatife upon Civil Government, 
 becaule his opinions in this treatile have been 
 principally relied on as the foundation of 
 many extravagant and abfurd propofitions 
 which he never meant to encourage j and 
 becaufe I have the highcfl regard in gene- 
 ral for the good fcnfe and free fpirit of that 
 excellent work, written to defend the na- 
 tural rights of men, and particularly the 
 principles of our conftitution, when they 
 were attacked both by force and fraud: 
 although, at the fan:ie time, there are fome 
 palTages in it, which probably the temper 
 and faOiion of that age drew from him, in 
 which I can by no rne.-'.ns agree with him, 
 efpecialiy when he defines prerogative to be 
 a power in the prince to act according to 
 dijcretion for the public good, without 
 the prefcription of the law, and fome- 
 *' times even againft itj" and when he en- 
 deavours to prove that the executive power, 
 by the juft prerogative of the prince, hadi 
 *' a right to regulate, not by old cuftom, but 
 " by true realon, the number of members in 
 c " all 
 
 (( 
 
 <( 
 
 (( 
 
<c 
 
 c c 
 
 [ 79 ] 
 
 ' all places that have a right to be difLinclIy re- 
 prefcntcd ; becaufe this would be manifeftly 
 *or the good of the people, and therefore 
 
 " io, and always will be, jiill prerogative." 
 
 The iiifl of thefe propontions evidently 
 fets up a difpenfing power in the prince over 
 the laws, when properly exercifed : and by 
 the latter, " the prince by his own autho- 
 *' rity might vary the meafures of reprefen- 
 " tation, ?.nd thofe places which have a jufb 
 " right to be reprefented, which before had 
 " none j and by the fame reafon, thofe 
 " ceafe to have a ri;i;ht, and be too incon- 
 " fiderable for fuch a privile'je which before 
 *' had it." Such an alteration of the con- 
 ftitution, and depriving many boroughs of 
 the right to be didindly reprefented, which 
 they now enjoy, however advantageous it 
 might be to the people of England that the 
 members who compofe the houfe of com- 
 mons fliould be fairly and equally chofen, 
 could not be lawfully made by the prerogative 
 of the prince, in whom, by our conftitution, 
 no fuch power is velted ; and whole preroga- 
 tive is as much afcertained and retrained 
 by the iaws, as the rights and properties of 
 
 the 
 
 
'i^ 
 
 .: ' '1 
 
 
 1 ' i ^ 
 
 
 [ 80 ] 
 
 the fubjeft. I mean not by this to thvavf 
 any blame upon Mr. Locke, but merely to 
 fhew, that in a work of this extent there 
 muft be Ibme inaccuracies and errors, and 
 that it 13 not an infallible guide in all cafes. 
 He is not however to be changed with the 
 opinions imputed to him by Ibnie late igno- 
 rant commentators, upon certain pafiagcs 
 in this treatife, who have made him Ipcak 
 a language in the latter part of his eleventh 
 chapter diredly contradidlory to the whole 
 tenor of his work. His words are : " The 
 " fuprcme power cannot take from any man 
 " a?iy part of his property without his own 
 " confenty for the prefervation of property 
 ** being the end of government, and that 
 " for which men enter into focicty, it ne- 
 " ceflarily fiippofes and requires that the 
 *' people fiiould have property, without 
 ** which they muft be fuppofed to lofc that 
 " by entering into foclety which was the 
 " end for w^hich they entered into it — •- 
 too grofs an abfurdity for any man to 
 own. Men therefore in fociety having 
 " property, they have fuch a right to the 
 " goods which by the law of the communiiy 
 
 " are 
 
 (C 
 
 <c 
 
tc 
 <( 
 <( 
 <c 
 cc 
 
 C( 
 
 <c 
 <( 
 (( 
 
 C( 
 
 <( 
 <c 
 
 (C 
 
 (( 
 (( 
 <c 
 <( 
 cc 
 cc 
 
 C( 
 
 [ 8i ] 
 
 are theirs^ that no body hath a right to 
 take their fubftance, or any part of it, 
 from them, without their own confmt : 
 without this they have no property at all j 
 for I have no property In that which an- 
 other can by right take from me, when 
 he pleafes, againfl my confent. Hence 
 it is a miftake to think, that the fupreme 
 legiflative power of any commonwealth 
 can do what it willy and difpofe of the 
 ejlates cf the fubjeBs arbitrarily ^ or take 
 any part of them at pleafureT Again ; 
 The prince or fcnate, however it may 
 have power to make laws for the regu- 
 lating of property between the fubjedts, 
 one amongft another, yet can never have 
 a power to take to themfehes the whole, 
 or any part of the fuhjedi's property, with- 
 out their own cooifiat 3 for this would be 
 in effecl:, to leave tibcm no property at 
 alh" 
 
 'li'il 
 
 I.' 
 
 i 
 
 Mr. UhIr^ thefe | alTages means 
 «o more xhsm^ 'fiat the fupreme legiflative 
 has nc nght to take the prv^rty of any indi- 
 vidujU of the community, aivd apply it to 
 
 i^ his 
 
'It 'i 
 
 i : ' 1: 
 J I. 
 
 J ;•■' 
 
 i 
 
 [ 82 ] 
 
 his or their own private ufe or furpoje^ if 
 not fufficiently evident from the expreflions 
 themfelves, muft appear fo from the in- 
 ftance by which he explains them : Nei- 
 " ther the ferjeant (fays he) that could 
 " command a foldier to march up to the 
 " mouth of a cannon, or ftand in a breach 
 " where he is almoll: fure to pcrifli, can 
 " command that foldier to give him one 
 " penny of his money ; nor the general that 
 *' can condemn him to death for deferting 
 ** his port, or for not obeying the mod def- 
 *' perate orders, can yet, with all his abfo- 
 ** lute power of life and death, dijpofe of one 
 *' farthing of that foldier s ejlate^ or feize one 
 " jot ^j his goods,'* 
 
 Every one knows, that in all armies that 
 ever had pay, the officers punijhed the fol- 
 diers by ftoppages and pecuniary mulcts j 
 and in fo doing, took the money out of the 
 foldiers pockets^ but then they did it no\. for 
 their own private emolument -y they did it for 
 the public benefit^ and under authority of the 
 fupreme iegiilature. Mr. Locke could there- 
 fore 
 
 l^iy'n'Ji 
 

 [ 83 ] 
 
 fore never have produced this inftajjce in 
 proof of the fupreme legiflative power hav- 
 ing no right to take any part of the property 
 of any man, and apply it for the public fer- 
 vice : what he clearly means is this, that 
 the king, lords, and commons of Great 
 Britain have no right to pafs an ad, vejiing 
 in themfehes the property of the people of 
 Great Britain j nor in the moil abfolute 
 countries, has the prince a right to feize on, 
 and take away, the property of his fubjeds, 
 ind apply it to his own ufe^ without the ex- 
 prefs confent of the proprietor j fuch a power 
 not being within the authority vefted in them 
 by the community at their firft inflitution; 
 their power having been given them as a 
 trufl to be exercifcd for the general good, 
 and for general purpofes. But he never 
 meant to queflion, or deny the right of the 
 fupreme legiflative power, at^ting purfuant 
 to their truft, to difpofe of any part of the 
 property of the people for the public fafe- 
 ty and advantage. *' For (he fays) this 
 " arhiirary difpoiing of the eftates of the 
 ** fubjedls, is not mucti to be feared in go- 
 *' vernmcnts where the le^illailve confifls 
 
 G 7 " vvlioliv. 
 
 I 
 
 ^'l' 
 
 a 
 
I ^ [I 
 
 
 i ^k 
 
 
 <c 
 
 (c 
 
 [ 84 ] 
 
 *' wholly, or in part, in afTemblies which 
 " arc variable ; whofc members, upon the 
 
 difTolution of the aflembly, are fubjedls 
 *' under the common laws of their country 
 
 equally with the reft." What ! are no 
 taxes to be levied by fiich fort of le- 
 giflativc aflemblies for the public fervice ? 
 Is that Mr. Locke's meaning ? No fure- 
 
 ly : but the members of fuch legiOa- 
 
 tive aflemblics, will be careful not to flrip 
 their fellow-fubjedls of their property, to 
 veft: it in tbe/fifehes, becaufe they mufl 
 know that the time will fhortly come, when 
 they fliall be in the fame predicaments and 
 the members who may fucceed them in the 
 legiflative aflembly, would flrip them in their 
 turn, and plead their example as a precedent. 
 
 But what puts Mr. Locke's meaning in 
 thefe paflages cat of all queftion, is what 
 he Hiys in his eighth chapter of the be- 
 ginning of civil focieties : " That every 
 " man, when he at firfl: incorporates him- 
 " fclf into any commonwealth, he, by hi& 
 " uniting himfelf thereunto, a?mexes alfoy 
 " andfuhmits to the community^ thoje pojfejjiom 
 6 " which 
 
 ii» 
 
 i.ii 
 
f 
 
 c 
 
 [ 85 ] 
 
 " which he has or rtiall acquire, that do not 
 <* already belong to any other government : 
 ** for it would be a diredl contradidion for 
 <* any one to enter into fociety with others, 
 * for iht fecurifig and regulating of property ^ 
 and yet to fuppofe /;/; land^ 'wbcje proprr- 
 ** ty is to be regulated by the laws of the fj- 
 ** ciety^ {hould be exempt from the jurijdi^lion 
 " of that go^c-ernment to ivhich he himff the 
 " proprietor of the land^ is ajubje5f. By tlie 
 " fame a^It therefore, whereby any one 
 *' unites hispcrlbn, which was before free to 
 ** any commonweakh, by the fame he unites 
 *' his pofj'efjions^ which were before free tp 
 it alfo J and they become, both of them, 
 perfon and poffe/Jion^ ftibjeB to the govern- 
 <* ment and dominion of that commonwealth as 
 ** lonu: as it bach a beinoir 
 
 CC 
 
 Can any words more flrongly exprefs the 
 right of the fupreme legiilature to tax or 
 difpofe of the property of the fubjedt for 
 public purpofeSy than do thefe laft quoted ? 
 And thofe who would draw from any other 
 more loofe or general expreffions of Mr. 
 JLockCj any argument to exempt the property 
 
 G 3 of 
 

 
 [ 86 ] 
 
 of any fubjed from taxes impofed by the 
 fupreme legiflativeforthe/>«^//VyZr'u/V^, muft 
 impute to him fuch inconfiftencies as Mr, 
 Locke was incapable of, and charge him 
 with contradi6lions whicli ouglu to dcftroy 
 his credit, both as an honed man and a clear 
 rcafoncr. 
 
 "y ' 
 
 I! i 
 
 I have given this dodlrinc of rcprefentation 
 and taxation, going together, i'o full a dif- 
 cuffion, becaufe it is the moft important of 
 all the pleas fet up by the colony advocates, 
 in fupport of their claim of exemption from 
 the jurifdi6tion of parliament, and that which 
 has had moft influence on the minds of fuch 
 of the people of England as have taken part 
 with them in this unhappy contefl, 
 
 I might indeed have brought it to a much 
 fpeedier conclufion, and have expoCed the ab- 
 furdity and impradlicabijity of the doctrine, 
 from the very principles upon which its pro- 
 mulgers would eftablifh it. They fayi 
 *' That no man ought to be taxed, but by 
 ** his own confeni '," or, in other words, 
 ** that the confent of thofe who pay the taxes 
 
 ui 
 
 cc 
 
 IS 
 
[ 87 ] 
 
 *< is ncceflary to their being conftltutionally 
 " impofed. That this confcnt muft be given 
 ** by the people them/elves who pay the taxes, 
 ** or by /MV diftindt reprcfentatives chofen 
 *' by them." And theie, they fay, are the 
 rights of Engliflimen. Now, if thefe be the 
 rights of EngUflimen, I will undertake to 
 fay, there is fcarce a feflion of parliament 
 pafles in which they are not moft notorioufly 
 violated, and if parliament did not do 16, it 
 could lay no taxes whatever. 
 
 I'i 
 
 m 
 
 t 
 
 When the tax was laid upon hops, did. 
 the people who were to pay the tax, viz. 
 the hop-growers, confent to it, either by 
 themfclves or their diftindl reprefentatives ? 
 Did the people in the cyder counties, or their 
 diftind reprefentatives, confent to 'le tay 
 upon cyder ? Is tiir land-tax kept^ up at ; 
 three (hillings with the confent of a ' the 
 land-owners in the kingdom, or that of all 
 the knights of fhircs, their diftinct reprefen- 
 tatives ? What tax is it indeed t- which 
 thofe who pay it, or their dillind; rc^-refen- 
 tatives, have all confented ? — But if this 
 adual and di(tin<ft confent of the taxed, or of 
 
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 t 88 ] 
 
 their cliftln<5l reprefentatlves, be confJtution- 
 ally neceflary to their being taxed j by con- 
 fequence, whenever fuch confent is not 
 giveny no tax can be conflitutionally im- 
 pofed. If this be the cafe, he muft be a pa- 
 triot indeed who pays any tax whatever, fince 
 he can fo eafily difcharge hixnfelf from it, by 
 only faying he does not chooie to pay it. I 
 fhould be glad to fee a calculation of the pub- 
 lic revenue of Great Britain, or of any other 
 country which could be raifed in this njoay^ 
 no one paying towards it who did not do fo 
 by his own confent, or the confent of thofe 
 he actually appointed to be his diilindt re- 
 prefentatives. But the moft curious part of 
 the arg :ment has not yet been confideredj 
 for it will follow from this doftrine, that the 
 minority will in all cafes controul the majo- 
 rity : nay, every individual member of par- 
 liament will have the power to flop the pro- 
 ceedings of all the others. For whoever 
 fays, he is againft any tax, neither himfelf, 
 nor the people whom he dillin6lly reprefents, 
 can be liable to pay fuch tax -, bccaufe they do 
 not, either by thcmlelves, or their diflindt 
 reprefentatives, confent to it. 
 
t 89 ] 
 
 )zr 
 
 * j 4^ ^ .iior .' 
 
 This, however, is not our meaning, fay 
 thefe admirable expounders of the lights of 
 Engliflimen. Then be fo good to tell us, 
 in defined terms, what it is you mean ? 
 Is it your meaning that no taxes can be im- 
 pofed, but by the confent of the majority of 
 the people who pay them, or by the confent 
 of the majority of their dif^iindl reprefenta- 
 tives ? The minority then may conftitu- 
 tionally be made to pay taxes to which they 
 do not confent, either by themfelves or their 
 diftincl reprefentatives. So that almofi half the 
 people of Great Britain may, it feems,be taxed 
 without either their own or their diftind re- 
 prefentatives confent. Now, why may not 
 the people in the Colonies, who do not 
 amount to near that number, be taxed aifb 
 without their own confent, or the confent 
 of diflincSl reprefentatives elected by them- 
 felves? — One ftep farther, and we are got 
 back to v/herc we fet out from. 
 
 Li:^ ^l.> 
 
 The confent, you will perhaps fay, of the 
 majority of the diftindl reprefentatives of the 
 people, of ncceJIity involves the confent of the 
 
 whole. 
 
 
 II. 
 
 f i , ■; ' 
 

 'S 
 
 t 90 ] 
 
 whole. So then it is necefTary that the people 
 ihould fubmit to pay taxes, to which neither 
 themfelves nor their diflindl reprefentatives 
 do confent j and the whole meaning of this 
 ingenious argument may be fummed up in 
 thefe few plain words :— -That a people may 
 Qonftitutionally be taxed by thofe whom the 
 conftitution has vefted with the power to 
 impofe taxes, which is the fupreme legiila- 
 ture ; and that every man who confents to 
 that conftitution or government, who is 
 pofl'cffed of property under it, and enjoys its 
 protedion, confents to all taxes impofed by 
 it, inafinuch as he confents to the authority 
 by which they are impofed j and this con- 
 clufion will hold equally good when applied 
 to the people in the Colonies, as it does for 
 the people ',i Great Britain, 
 
 r; 
 
 t\ 
 
 But although we have thus got within the 
 circle of thefe magicians, yet, in refpedt to the 
 iiTue of the difpute between us, the breaking 
 the charm of this dodtrine has not brought us 
 one jot nearer to our purpofe of a reconcilia- 
 tion with the Colonies. Neither indeed would 
 
 it be advanced by leaving them in pofTeffion 
 
 —■'■■-— - - ' ' of 
 
[ 91 ] 
 
 of It ; for fhould we admit, either upon 
 principles of right in the Colonies, or of 
 juftice or expediency in Great Britain, that 
 the Colonies ought to fend members to par- 
 liament, the Colonies are ready to tell 
 us, nay, they have told us fo already, that 
 they will not accept of our offer : for it is 
 impoiTible for them, they fay, to be repre- 
 fented in the Britilli parliament. ' 
 
 Thus, whilft they exclaim againfl: parlia- 
 ment for taxing them when they are not re- 
 prefented, they candidly declare they will 
 not have reprefentatives, left they fhould be 
 taxed — like froward children, they cry for 
 that which they are determined to refufe, 
 if it (hould be offered them, The truth 
 however is, that they are determined to get 
 'rid of the jurifdidlion of parliament in all 
 ; fafes wbatfoever, if they can ; and they there- 
 ^ fore refufe to fend members to that affem- 
 bly, left they fhould preclude themfelves of 
 - this plea againft all its legiflative ads — that 
 they are done without their confent-, which, it 
 raufl be confefTed, holds equally good againft 
 ;fill laws, as againft taxes. For it is un- 
 
 doubt- 
 
 
 ;ii 
 
 
 
 (/, .i»f 
 
M 
 
 "I 
 
 111 
 
 r 
 
 f ' 
 
 I 
 
 
 [ 9i ] 
 
 doubtedly a principle of the Britifli conftitu- 
 tion, " //'^/ Jio manj}:all be hound by any law 
 " to 'which he does not give his confent" of 
 equal efficacy with that of his not being 
 taxed, but by his own confent. In what 
 manner however that confent is given, we 
 have already feen j and the futility and fala- 
 cy of the pretence, that it cannot be given 
 but by diJiinSt reprefentatives, eledted bv 
 thofe who pay taxes, or are bound by laws, 
 have bpen Sufficiently expofed, 
 
 ■IMl 
 
 ill 
 
 The colony advocates however, not caring 
 to develope their whole purpofe at prefenty tell 
 us, that by refufing to accept our offer of re- 
 prefentatives, they only mean to avoid giving 
 parliament a pretence for taxing them, which 
 they fay it is not necefTary for parliament to 
 do, as they have aflemblies of their own in 
 each Colony, who are the reprefentatives of 
 the people; and who, being acquainted 
 with their circumftances, can beft judge 
 what taxes they can bear, and what fums 
 they ought to contribute to the public occa- 
 fions, whenever his majefty (hall call upon 
 them for their aid, - u . 
 
 . . . "' TbQ 
 
[ 93 ] 
 
 The colony aflemblies are indeed but 
 feven-and-twenty^ and perhaps it might hap- 
 pen, that theyfhould all agree in opinion upon 
 Ibme one point ; but I much fear that point 
 would not be — to lay taxes upon themfehes. 
 There is much more reafon to apprehend it 
 might be as we have feen — Jiot to do fo. 
 Mankind are in general apt enough to agree to 
 keep their money, but not fo frequently of 
 one mind when the propolition is to part with 
 it. But to take the matter on its fairefl: 
 fide, let us fuppofe i\\Q(Q twenty-fevcn Jlates 
 all equally difpofed to fliew regard to his 
 majefty's requilition — provided they think the 
 occajion fitting. Upon what occafion then 
 fliall his majefty call upon them ? Not to 
 .fettle a permanent revenue for fupport of 
 their own civil eftablifliments j for he has 
 already made requifitions to many of them, 
 without end, for that purpofc, and always 
 without eifed:j and thofe few who have 
 complied mofi heartily regret it. Shall it be 
 for fuppor': of the military eftablifliment 
 kept up in time of peace ? The continental 
 Colonies tell us, " they don't want our 
 
 *' troops j" 
 
 '' ^^n r 
 
 1 4 
 1 ■', ■ 
 
 »-, 1 
 
 » 
 
 
 
 
.1 
 
 lis 
 
 [ 94 ] 
 
 «* troops ; and if we keep any arhong them 
 «* we muft pay them." Shall it be for a 
 fund to give prefents to the Indians ? The 
 iflands fay, ** they have nothing to do 
 " with the Indians. Thofe who have 
 " the benefit of their trade, and live upon 
 ** their lands, ought to give them prefents." 
 Shall it be for difcharge of the public debt ? 
 One and all will tell us, " that is the affair 
 " of Great Britain alone." Suppofe then a 
 war breaks out j the Indians attack the back 
 fettlers in Virginia — what will Carolina con* 
 tribute for defence of tliat province ? *' Jufl: 
 " as much as (he bus ever done." What 
 will the Iflands give ? Exadtly the fame. 
 Suppofe the Barbary Hates quarrel with m-, 
 the fifhing colonies, and the rice and fugar 
 colonies, fuffer by their depredations on the 
 (hips bound to Portugal and the Streights — • 
 what would Pennfylvania, Maryland, and 
 Virginia, do in the matter ? A war in 
 Germany becomes the occafion of the re- 
 quifition ; rice, fugar, and tobacco all go 
 thither, but no fiih- — why then fliouid 
 New England, Nova Scotia, or QuebeCj 
 • give 
 
 I 
 
[ 95 ] 
 
 give any thing ? If it was for fupport of the 
 Italian ftates, thefe colonies might indeed 
 contribute fomething, as they buy their fifh) 
 but if that were the occafion, would Penn- 
 fylvania, Virginia, or Carolina do fo ? 
 
 The defence of our pofTcfTions in the Eaft 
 would be equally obnoxious to them all; 
 and the prefervation of our African trade and 
 fettlements, is an abomination to the middle 
 and northern Colonies. A war with France 
 might poflibly occafion them to beftir them- 
 felves a little, but then it would be for their 
 own immediate defence. For as they are all ac- 
 ceflible to a naval force, they would with 
 good reafon apprehend themfelves in danger, 
 in cafe of a war with a maritime power.— 
 Such was the late war, and fuch was their 
 conduct in it ; for fo long as the continent 
 of America was the theatre of war, the 
 Iflands did not contribute one lingle (hilling 
 for the defence of their Sifter-colonies ; and 
 it was not until they apprehended an attack 
 upon that province, that the affembly of 
 South Carolina thought of raifing troops ; 
 •'* K ' and 
 
 S7H 
 
[ 96 ] 
 
 And the regiment they did raifc in 1757, 
 they confined to aSf within the province 5 and 
 fo foon as their apprehenfions for their own 
 fafety fubfided, they reduced it : nor was it 
 until the Cherokees attacked their frontiers, 
 in 1760, that they again took up arms. 
 
 ■i ■ . ^ 
 
 I have thus far followed the Colonies ki 
 their own paths j and, inftead of expofing 
 the abfurdity of their idea of a polypus go- 
 vernment, where a head fprouts out of every 
 joint, I have endeavoured to make the beft of 
 it, and even in that view (hewn it to be mon- 
 ftrous and impradible. Little lefs fo indeed 
 than it would be. In England, where there are 
 hKxiJifty^two counties^ fliould the crown make 
 requifitions to each of their grand juries, 
 who have authority to aflefs money for local 
 purpofes upon the refpeflive inhabitants, as 
 well as the colony aflemblies, inftead of ap- 
 plying to parliament, to provide for the exi- 
 gencies of the ftate ? and what fort of public 
 revenue or credit we ftiould then have, is 
 eafily to be imagined, • .' • . • 
 
 L r ' ' ' , ^ ° . , . , 
 
 • • Indeed, 
 
 i 
 
[ 97 ] 
 
 t( 
 
 (( 
 
 <( 
 
 Indeed, to dojuftlcc to the candour of the 
 New York aflembly, they give ftrong inti- 
 mation of its being their opinion, that the 
 railing a revenue for general purpofes^ by 
 grants from the feveral colony afTemblies, is 
 impradicable j and that either it mufl: be 
 done by parliament, or cannot be done at 
 nil. For in one of their refolutions, the 
 i8th of December, 1765, they fay, " ^hat 
 the unpradlicahlUty of inducing the Colonies 
 to grant aids in an equal manner propor- 
 tioned to their feveral abilities, does by no 
 " means induce a neceflity of diverting the 
 " Colonies of their elTcntial rights." 
 
 What then is to be done ? Are the 
 Colonies to pay nothing in a7iy way to the 
 public tha'*ges ? and is the ifland of Great 
 Britain to pay all ? " No," fay the colony ad- 
 vocates, " that is not the cafe ; for we 
 " contribute towards the revenue raifed in 
 Great Britain, by purchaling your manu- 
 fadures with the taxes upon them, when 
 we could buy them cheaper at other mar- 
 kets J we lay out all the money we have 
 or can procure with you ; and what can 
 
 H " you. 
 
 cc 
 
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I 98 1 
 
 " you defirc more of us ?" How travelling 
 improves the genius, and fliarpcns the wit ! 
 If the anccflors of the inhabitants of the 
 Colonics had remained in England to this 
 day, I qucftion much if they would have 
 once thought of telling parliament, that 
 they ought not to tax them, becaufc they 
 laid out all their money in the purchafc of 
 Britifli produdts or manufactures j and yet 
 they might certainly have made that plea as 
 truly at leafl in the one cafe, as they do in 
 the other. 
 
 What county In England is it, vvhofe in- 
 habitants don't lay out their money in the pur- 
 chafe of the proddds or manufa6tures of Great 
 Britain and yet I never heard that they did not 
 all pay taxes noHmthJlanding : and as avarice is 
 certainly not the vice of the age, were all 
 taxes to be taken oft' the people of England, 
 •there can be little doubt but our trade, 
 both foreign and domeftic, would be great- 
 ly incieafed thereby, perhaps full as much 
 as our whole tiade to Aoicrlca is worth. 
 The misfortune, however, is that we cannot 
 do what we vyiHi in all cafes } for fuch arc 
 .' . - 6 th« 
 
[ 99 ] 
 
 the circumflanccs of the t'uncs, that a fleet 
 and army inuH: be maintained for tlic de- 
 fence of the (late, and even for the protec- 
 tion of the trade both of the Colonies and 
 of Great Britain. Thi;3 cannot be done 
 without revenue, and a revenue cannot h<t 
 railed without taxes. The queflion then is 
 not, whether ;"/ ivould not be better for cur 
 trade that we laid no taxes upon either people, 
 
 , upon the inhabitants of Great Britain, or 
 of America ? But whether, ftiice taxes are 
 ah/olutely neceffury\ they (hould not be equally 
 impofed upon all the fubje^s who derive fa/ety 
 and benefit from the force maintained by the 
 
 . revejiue they produce ? Whenever therefore 
 the people in the Colonies are refufed by 
 Great Britain, the prote(5lion of iheir fleets 
 and armies, theuy and ?20t till then^ may the 
 Colonics complain that they arc taxed for 
 their maintenance. 
 
 In the courfe of this difcuflion of the 
 • Colonies pleas, I have occafionally taken 
 -notice of their charters from the crown 
 < which they once held forth, as having con- 
 , veyed to them all the rights and privileges 
 
 H 2 Ox^ 
 
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 of Engliilimen, and exemptions from taxes 
 impofed by parliament j but as all thofe 
 charters referved the authority of parlia- 
 ment, either in general or fpecial terms, 
 and the fecret purpofe of the Colonies 7jO'w 
 being to get rid by piece-meal of all parlia- 
 mentary jurifdidlion whatever, their advo- 
 cates have not of late relied much upon 
 their charter rights ; on the contrary, vi^hen 
 the refervations in their charters have been 
 urged againfl: them, they appeal to afts of 
 parliament, as a fuperior authority for limiting 
 and expounding the expreflions in their 
 charters. Dr. Franklin, in his examination 
 before the Houfe of Commons, fays, *' he 
 knows there is a claufe in the Pennfylvania 
 charter, by which the king grants that he 
 will levy no taxes on the inhabitants^ un- 
 lefs it be with the confent of the aflembly, 
 or by a5l of parliament -, but that they ««- 
 derftand it thus : By the fame charter, 
 and otherivaysy they are intitled to all the 
 privileges and liberties of Engliflimen. 
 They find in the great charter , and the 
 petition and declaration of rights y that one 
 of the privileges of Englifli fubjccSs is, 
 7 " that 
 
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 " that they are not to be taxed but by their 
 " common confent j they "have therefore reh'ed 
 " upon it from the firft fettlement of the 
 ** province, that the parliament never imuld^ 
 " nor couldy by colour of that chiife in the 
 " charter, afTume a right of taxing them, 
 " till it had qualified itfelf to exercife fiich 
 " right by admitting reprefentatives from 
 " the people taxed." Such being the cafe, 
 I fliall fpend no more time in examining 
 their colony charters, but proceed to enquire, 
 by what means the great charter and the bill 
 of rights can be brought to fupport their 
 claim of exemption from taxes impofed by 
 the authority of parliament. 
 
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 The great charter granted by king Johrv 
 1215, fays, " That the king engages not 
 to impofe any taxes without fummoning 
 the archbifliops, the abbots, the earls, 
 the greater barons, and the tenants in 
 capite." The 17th of Edward the 2d 
 more explicit. It fays, *' that whatever 
 concerns the ejiate of the realm and the people^ 
 fliall be treated of in parliament by the 
 king, with the confent of the prelates, earls, 
 
 H \ barons. 
 
 f-i : 
 

 IMI 
 
 ' [ 102 ] 
 
 ** barons and commoiial ty of the real mas hath 
 *' been cuftomary heretofore." The ftatute 
 of the 1 ^th of Edward the fecond declares, 
 *' that the ftatiuc of Magna Charta, Charta 
 " Forefta, and the other f^acutes, were 
 " made by the king and his predecelTors, the 
 .*' peers, and the commons oi the rcahii." 
 
 The bill of rights aflented to by king 
 William, among other thingij, declares, 
 " That the pretended power of fufpending 
 " laws, or the execution of laws by regal 
 *' authority, without cnnfcnt of parliament, 
 ** is illegal." " That the levying money /or, 
 *"' or to the iife of the crown ^ by pretence of 
 '' prerogative, 'Without grant of parliament 
 " for longer time, or in other manner than 
 f * the fame is, or liiail be granted, is illegal." 
 
 It iliould fccm to be the Englifli mean- 
 ing of thefe feveral declarations, that the 
 right of impofing raxes, and of exercifing 
 all other legillative powers, was in the three 
 eflates of the realm, which is the parlia- 
 ment only 3 and that all taxes which fliould be 
 impofedj and all ads which fhould be done by 
 
•ir 
 
 [ 1^3 1 
 any other authority, were illegal. But as 
 Dr. Franklin fays, *' the Jame ivords have 
 ** not always the fame meaning in AiriericJi 
 *' that they have in England ;" and it is there- 
 fore incumbent on us to look for thcx^meri- 
 can meaning of the levcral expreflions con- 
 tained in thefe declerations ; and for this pur- 
 pofe, the ingenious author ol^^Ccnfidcratiom 
 on the Propriety^ Sec. has provided us with a 
 very curious gloffary. This gentleman tells 
 us, that by thefe expreflions which we un- 
 jderftand to be declaratory of the right of 
 parliament to impofe taxes and make laws, 
 parliament really meant to fay, tbat if had 
 nofuch powers ivhatever, at leaji'in refpedt to 
 he Colonies, but that thofe powers belonged 
 ;o the colony aflemblies only. His words 
 are, ** the common law, the great charter, 
 
 * and the bill of rights, are fo far from de- 
 
 * daring with one voice, that the inhabitants 
 
 * of the Colonies fliall be taxed bv no other 
 
 * authority than that of the Britifli parlia- 
 
 * jnent, that they prove the contrary j for 
 
 * the principle of the common law is, that 
 
 * no part of their property (hall be drawn 
 
 * from. Britifli fubjedts, without their con-- 
 
 II 4 '' Jcnt 
 
 
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 [ 104 ] 
 
 ^/// given by thofe fbey depute to reprcfent 
 them ; and this principle is inforced by the 
 declaration of the great charter, and the 
 bill of rights." " In Great Britain, fays 
 he, the confent of the people is given by the 
 llouje of Commo?tSj and as money had been 
 levied there for the ufe of the crown, by 
 pretence of prerogative without /i>£'/r con- 
 fent, it was properly declared at the Re- 
 volution, that the levying of money by 
 pretence of prerogative without grant of 
 parliament, i. e. without their confent who 
 are to pay it^ is illegal." He goes on, 
 the word parliament having been made ufe 
 of, the letter of the declaration is adhered 
 to, and the confequence drawn, that no 
 Britifli fubje(ft can be legally taxed but by 
 the authority of the Britifli parliament 
 againft \htjpirit and principle of the de- 
 claration, which was aimed only to check 
 and reftrain the prerogative, and to efla- 
 blifh the necefiity of obtaining the confent 
 of thcfe on whom taxes were to be levied^' 
 
 H^ce 
 
1. ; 
 
 [ 105 J 
 
 Here we perceive, that the word parlia^ 
 ment means, in refpedt to Great Britain, the 
 Hoiife of Commons ; that the confent of par- 
 Uament to impofe a taXy means the confent of 
 thofc who are to pay the tax ; that the word 
 parliament^ inftead of meaning the king, 
 the prelates, earls, barons, the tenants in 
 capite, or the commonalty of the realm, as 
 Magna Charta, &c. definite it, means in 
 refpedt to the Colonies, the houfe of bur- 
 gelTes in Virginia, and the other colony af- 
 femblies. 
 
 ' I 
 
 r ^r 
 
 ii^ 
 
 
 
 I will not affront the reader's underftand- 
 ing, by making any further comment on 
 this curious performance, which it is faid 
 operated fo forcibly on the minds of fome 
 extraordinary perfons in this country, as to 
 lead them to adopt the caufe of the Colonies, 
 and tojuftify their refiftance of a(5ts of par- 
 liament. ITeither will I further inveftigate 
 the various arguments of the feveral colony 
 advocates, in fupport of their claim to ex- 
 emption from the jurifdicftion of parliament : 
 I have fhewn the main branches to be un- 
 
 found. 
 
 
 i m 
 
 \: 
 
[ lo6 ] ■ 
 
 found, and the Icflcr, which fprout from 
 thera, muft of courfe whither and decay. 
 
 My tafk is not however yet compleated, for 
 lliould all objedions againft the right of par- 
 liament to levy taxes in the Colonies be found 
 weak and frivolous^ the hardjljip and in- 
 fiijlicc of compelling the Colonies to contri- 
 bute to the relief of the people of England, 
 from any part of thofe burdens which the 
 late war laid upon them, or which .the ex- 
 pence of the forces kept up in America, fince 
 the peace have occafioned, are ilill infilled on. 
 
 The late war, though commenced in 
 America, and occafioned by a difpute about 
 American territories, was not, fay the colony 
 advocates, a colony quarrel ^ nor are the ac- 
 quifitions made by the crown in the courfe 
 of it, and retained by the treaty of Paris, of 
 any advantage to the inhabitants of the old 
 provinces ; on the contrary, the value of 
 their poffefTions has been much le/Iened by 
 the addition of fuch extenfive territories, 
 But not to injure their caufe by abridging 
 their arguments, I will fet them down ia 
 their own words, and at full length as \ 
 
 find 
 
'Ulf 
 
 [ 107 ] 
 
 find them in Dr. Franklin's Examination, an4 . 
 in the Farmer's Letters. 
 
 cc 
 
 €( 
 
 Dr. Franklin thus delivers himfelf before, 
 the Houfe ot Commons in 1765': *' I know 
 " the lafl war is commonly fpokeof here, a§ 
 " entered into for the defence, or for the fake 
 of the people of America. / thinkit quite 
 mifunderjlood. It began about the limits 
 " between Canada and Nova Scotia, about 
 ** territories to which the crown indeed laid 
 claim, but were not claimed by any Britiflx 
 colony: none of the lands had been grant- 
 ed to any colonifl ; we had therefore no 
 •particular concern or interefi in that difpute, 
 " As to the Ohio, the conteft there begun 
 about j'c«r right of trading in the Indian 
 country, a right you had by the treaty of 
 Utricht, which the French infringed 5 
 they feized the traders, and their goods, 
 <* which were your manufad:ures ; they 
 ** took a fort which a company of your mer- 
 " chants and their fadtors and correfpond- 
 ** ents had ereded there, to fecure that 
 trade. Braddock was fent with an army 
 to retake that fort (which was looked on 
 
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 ' here as another encroachment on the kijjgs 
 < territory) and to proted your trade. // 
 
 * ivas not till after his dtfcat (in 1755), 
 ' thiit the Colonies were attacked. Jhey 
 ' were before in perfeB p, 'ce with both 
 ' French iind Indians. The tioops were not 
 
 * therefore lent for their defence. The trade 
 
 * with the Indians, though carried on in 
 
 * America, is not an American intered. 
 
 * The people of America are chiefly farmers 
 ' and planters j fcarce any thing they raife or 
 
 * produce is an article of commerce with 
 ' the Indians. The Indian trade is a Britifli 
 ' intcrert: -, it is carried on with Britifh ma- 
 ' nufadures for the profit of Britifh mer- 
 ' chants and manufacturers j therefore the 
 ' war, as it commenced for defence of ter- 
 ' ritorics of the crown, the property of no 
 
 * j^merican, and for the defence of a trade 
 ^ purely Britijh, was really a Britifj ivar." 
 
 Having been afked, ♦' Is it not neceflary 
 
 * to fend troops to America to defend the 
 
 * Americans againft the Indians ?" The 
 Dodor replies, " No ; by no means : // 
 
 * ?iever was ncceflarw They defended 
 ' themfelves when they were but an hand- 
 
 *^ ful. 
 
r i°9 ] 
 
 " ful, and the Indians much more numc- 
 " rous. ^hey continually gained ground^ and 
 ** have driven the Indians over the moun- 
 *' tains without any troopi fcnt to their ajjiji- 
 " ancefrom this country T 
 
 ' : l' ■■■■ ' '. I 
 
 • Mr. Dickenfon, in his Famcr's Letters, 
 letter the eighth, tells the inhabitants of the 
 Britifli Colonies, " that in fadl, however 
 *' advantageous the Juhdiiing or keeping ^ny of 
 " thefe countries, viz. Canada, Nova Scotia, 
 ** and the Floridas, may be to Great Bri- 
 " tain, the acqiiifttion is greatly injurious to 
 " theje Colonies. Our chief property confifls 
 <* in lands ; thefe would have been of a 
 *' much greater value, if fuch prodigious ad- 
 " ditions had not been made to the Britifh ter- 
 " ritories on this continent. The natural 
 " increafe of our own people, if confined 
 ** within the Colonies, would have raifc^d 
 " the value ftill higher and higher every 
 " fifteen or twenty years : befides, we fhould 
 " have lived more compadtly together, and 
 *' have been therefore more able to refifl 
 ** any enemy ; but now the inhabitants will 
 be thinly fcattercd over an immenfe re- 
 
 " gicn, 
 
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 lilt' 
 
 [ t.o ] 
 
 gion, as thofc who want fcttlemcnts will 
 chufe to make new ones, rather than pay 
 great prices for old ones. Thefe arc the 
 confcqucnccs to the Colonies of the hearty 
 afliftancc they gave to Great Britain in 
 the late war j — a war undertaken folely for 
 her own benefit. The objcdts of it were, 
 the fecuring to herfef the rich tracts of 
 land on the back of thefe Colonies with 
 the Indian trade, and Nova Scotia with 
 the fifliery. 7hefe and much more has that 
 kingdom gained j but the inferior Animals^ 
 that hunted with the Lion, have been am- 
 ply rewarded for all the fweat and blood 
 their loyalty coft them, by the honour of 
 having fweatcd and bled in fuch compa- 
 ny." *' In truth (he concludes) Great 
 Britain alone receives any benefit from 
 Canada, Nova Scotia, and Florida ; and 
 therefore flie alone ought to maintain 
 them. The old maxim of the hw is 
 drawn from reafon and juflice, and never 
 could be more properly applied than in 
 
 this cafe ^i Jentit commodum, fentire 
 
 debet et onus : they who feel the benefit 
 
 Qu^ht to feel the burden." v jj ■. 
 ; . ^ ' The 
 
 
[ 
 
 f II 
 
 ] 
 
 The high rank Dr. Franklin fo fitly holda 
 among the philofophcrs of the age, the hon- 
 ourable tcftimony lx)rne to his literary merit 
 by the univcrfity of Oxford, and his great 
 knowledge of the colony affairs, mud give 
 his evidence a dqgree of credit little rtiort of 
 proofs of holy writ ; more cfpecially when it 
 is confidcred, that although an oath had not 
 been adminiflcrcd, yet his tcflimony was 
 called for by the great council of the nation, 
 upon a matter of the higheft importance to 
 the ftate, and given with fuitable folemnity. 
 Mr. Dickenfon's private charadtci is not in- 
 deed fo well known, but it is very rcfpccfl- 
 able 3 and as the fpirit he was endeavouring 
 to infufe into his countrymen mufl: foon 
 have carried them to make their af)peal to 
 heaven, he cannot furely be fufpedted of at- 
 tempting to roufe them by falfliolds to an 
 undertaking, for the fuccefs of whicli they 
 were to depend on the favour of tlie Al- 
 mighty. How fliall I then venture to con- 
 trovert the aflertions of either of thefe gen- 
 tlemen ? The evidence of other individu- 
 als, however refi^edable, will be thought 
 ' infuf- 
 
 I 
 
 it 
 
 \ I. 
 
 it 
 
 '1 ', 
 
 II 
 
 i*i 
 
 ;;;■;* 
 
 if 
 
[ m ] 
 
 infuflicicnt, as none other can be ruppored 
 to have had equal means of information.— 
 The opinion of governors or military com- 
 manders, would be decTied partial, either to 
 themfelves or this country, and the informa- 
 tions tranfmitted to minifters are always fuf- 
 pcded to be adapted to the tafte of the mi- 
 niftcr, or fuited to fervc fomc particular 
 purpofc. The evidence which I fhall there- 
 fore have recourfc to, is no other than that 
 of the aflcmblies of the Colonies of Virginia 
 and Maflachufct's Bay ; the one colony fitu- 
 ate in the neighbourhood of the Ohio, and 
 the other bordering upon Nova Scotia. The 
 members of thole aflemblies muft there- 
 fore be fuppofed to have had as competent 
 knowledge of the ftate of affairs in their re- 
 fpedtive countries, and of the caufes of the 
 late war, as ei;thcr Dodor Franklin or Mr. 
 Dickenlbn. • - 
 
 'Ji -. 
 
 w 
 
 2 Copy 
 
 ' f '% *--4. 
 
 ■ i<iv- 
 
f "3 ] 
 
 Copy of a Mc'fTagc from the General AiTem* 
 biy of MaiTachufcts Bay to Governor Shir- 
 Icy, 4th January 1754. 
 
 " TT is with great gratitude, that we ac- 
 X knowledge the many inftanccs of his* 
 majefty's paternal care for the feciirity of his 
 good fuhjctU of this province^ more cfpecially 
 that of late fignificd to your excellency, by 
 a letter from the earl of IIoldernefTc, one of 
 his principal fecretarics of ftate (a copy of 
 which your excellency hath been pleafed to 
 lay before us) j * That you Hioukl be upon 
 
 * your guard, and put the province under 
 
 * your government into a condition at all 
 
 * events, to refift any hoftile attempts vvhick 
 
 * may be made upon it.* 
 
 Ill 
 
 
 ' rJ.1 
 
 " In purfuance of this letter, your excel- 
 lency having recommended to us the repair- 
 ing and flrengthening the feveral forts and 
 garrifons of this province, and putting the 
 whole into a proper flate of defence, we 
 have accordingly made provifion for doing it. 
 
 I 
 
 '* But, 
 
 1."^ 
 
 in 
 
 
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 fi*- 
 
 m 
 
i; fm 
 
 
 [ ,14 ] - 
 
 " But upon this occafion ........ 
 
 r we beg leave to reprefent to your 
 
 excellency, that his majefty's fubjedls of this 
 province have at all times exerted themfelves, 
 even beyond their abilities, not only for the 
 defence and fecurity of his fubje£ts and terri- 
 tories within oar linJts, and the prefervation 
 and protection of other his majefty's territo- 
 ries, but even in making valuable acquilitions 
 to his majefty's crown ; the feveral mftances 
 of which during the late war, we need not 
 repeat to yor.r excellency, they having been 
 done upon your recommendation and under 
 your direction* - . 
 
 *' The confequence of this we flattered 
 ourfelves would have been an effectual fecu- 
 rity againft future danger, from any encroach- 
 ments or invaiions of our French neigh- 
 bours J out it is with great concern that we 
 find the French have made fuch extraordi- 
 nary encroachments, and taken fuch mea- 
 furcs, fince the conclufion of the late war, 
 as tbrcacen great danger, and 'perhaps in 
 iimc^ even the intire dcJiruEilon of this pro^ 
 V^ • ' i:ince 
 
 Hi 
 
'uince {without the interpojition of his majef- 
 ty) notwithjlanding any provijjon ive tan 
 make to preiJCnt it* 
 
 " This cotony, by the great number of 
 men it fupplied and loft in the redudlion and 
 fecuring the illand and forts of Cape Breton j 
 the troops fent from hence byyour excellency 
 from time to time for the relief and protedtion 
 of Annapolis Royal, without which the whole 
 province of Acadia, or Nova Scotia, mufthave 
 fallen into the hands of the French ; the ex- 
 pence occafioned to it by the late intended 
 expedition againft Canada y as alfo for an at- 
 tempt againft Crown Point, which was ren- 
 dered fruitlefs by other governments not joining 
 with us J and by our great expence, both of 
 men and money, during the courfe of the 
 late war, in providing for the fecurity and 
 proted:ion of our large extended frontier, 
 and otherwife, is fo much reduced^ as to be 
 lefs able to defend itfelf againft any attacks that 
 may be made upon it., in cafe of a rupture 
 between the two crowns. Whereas, on the 
 other hand, the French are in a much better 
 fituation to annoy /V, than they were at the 
 ^ . I 2 com- 
 
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 j ut.l 
 
 m 
 
 V 
 
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 til 
 
r n6 ] 
 
 commencement of the late war' ; fof tliey 
 have, fince the concluiion of the peace, ered:- 
 ed a fort on tl:e iflhmus of the pehinfula near 
 Bay Vcrte, by means of which they maintain 
 a communication, by fea, with Canada, St. 
 John's ifland, andLouifbourg; and at about 
 thirteen miles diftance from that fort, they 
 have built a block-houfe -, and at three miles 
 from that, another large ftrong fort, fitaated 
 within half a mile of the bafon of Chegne6to 
 in the Bay of Fundy, and thereby have le- 
 curcd a communication between that fort 
 and the river of St. John's, on the weft fide 
 of the (liid bay. 
 
 ha 
 
 
 I'll Is 
 
 " Near the m^'^-^h of St. John's river, they 
 have pofleiled themfeives of two forts former- 
 ly built by them, whilft they had a right to 
 hold Acadia j the neareft of which to the fea 
 they have (like wife fince the concluiion of 
 the peace) repaired, fortified with cannon, and 
 garrifoned with regular troops j and have ere<ft- 
 ed another ftrong large fort at twenty leagues 
 diftance up the river. They have (according to 
 the bcil intelligence) made very confiderablo 
 fcttlements upon it -, and by ihefe means they 
 
 have 
 
r "7 ] 
 
 have fecured the Indians inhabiting that ri- 
 ver, computed at between four and five hun- 
 dred families, in their interefts, and carry on 
 an exclulive furr trade with th*. Frencli at 
 Louifbourg, through the Bay of Fundy, where 
 it is well known French {hips of war have 
 conftantly entered fince the conclufion of the 
 peace, and loaded with furrs to a confidera- 
 ble value at the mouth of that river, which 
 trade the Englifh were iii pofTeflion of until 
 the late war. 
 
 I' m 
 
 
 Thus, by their encroachments fince the 
 conclufion of the peace, the French have 
 pofTelTed themfelves not only of the iflhmus 
 of the peninfula of Nova Scotia, with Bay 
 Verte, in the Gulph of St. Lawrence, on the 
 one fide, but of the river of St. John's, with 
 the whole weft fide of the Bay of Fundy, on 
 the other, where the crown heretofore ufed 
 to maintain forts, during their poficfilon of 
 Acadia, or Nova Scotia. 
 
 How fatal the confeauence of thefe en- 
 croachments may be, if the French fliould 
 continue in the pofiTeflion of them till a rup^ 
 
 I 3 tur« 
 
 14 
 
[ 1.8 ] 
 
 ture happen between the two crowns, not . 
 only to the enjfern pflrts of his majeftys terri^ 
 tories within this province , which border 
 upon Nova Scotia ; and in particular to his 
 majefty's woods, from whence the greateft 
 part of the mafts, yards, and bowfprits, 
 with which his royal navy are fupplied, and 
 which would feel the immediate efFed:s of 
 thefe encroachments, but aljo in time to the 
 •whole of this province, and the reji of his 
 viajefifs territories upon this continent j your 
 excellency is fo well apprifed, that we need 
 pot fet them forth here. , . , 
 
 t 
 
 I i 
 
 " Whilft the French held Acadia under 
 the treaty of St. Germain, they fo cut off 
 the trade of this province^ r:zd galled the in- 
 Jjabitants with inciirJiGns into their territO" 
 ries, from their forts at the river Penta- 
 goet and St. John's, that Oliver Cromwell, 
 then prote(ftor, found it necefj'ary^ for the 
 Jdfety of New England, in i65'4, to make 
 ^ defcent by fea into the river of St. John's, 
 and difpofTefs them of that, and all their 
 forts in Acadia. And after that province 
 tvas reilored tp the Ffench, in confequence 
 
 of 
 
[ "9 } 
 
 of the treaty of Breda in i6<57, by king 
 Charles the Second, this colony felt again 
 the fame mifchievous effcBs from their pof" 
 fejfing it'y infoniuch that, after forming fe- 
 veral expeditions againft it, the inhabitants 
 were obliged, in the latter end of the war 
 in queen Anne's reign, to reprefent to her 
 majefty, how deftru^ive the pofTeffion of 
 the Bay of Fundy and Nova Scotia by the 
 French was to this pro'uince, and to the B-ri- 
 tifh trade \ whereupon the Britijh miniflry 
 thought it necejj'ary to Jit out a formal expe- 
 dition againji that province^ with Englijh 
 troops^ and a confiderable armament of our 
 own, under general Nicholfon, in 17 lo, 
 when it was again reduced to the fubjedtion 
 of the crown of Great Britain ; but by the 
 late encroachments of the French, efpecially 
 upon St. John's river, and the weft lide of 
 the Bay of Fundy, which borders on this 
 province, we are, in cafe of a rupture, liable 
 to feel more mifchievous effetls than we have 
 ever yet doue, unlefs his majefly flmll be 
 gracioujly fleafed to caufe them to be re- 
 moved, 
 
 I 4 '' Be- 
 
 t 
 
 ^^1 
 
 ■II 
 
 : 'X 
 
 'i;^ 
 
c 
 
 120 
 
 I 
 
 <« Befides thefe late encroachments,where- 
 by we may be more immediately expofed 
 on the eaftern parts of the province, there 
 is another (though of a longer ftanding) 
 from whence we have been greatly annoyed 
 in the late war, in the weftern parts of it, and 
 from whence we Jhall always be expofed to 
 the greatefi danger on that fde, without 
 fome further check than there is at prefent ; 
 we mean the French at Crown Point. 
 
 cc 
 
 t 
 
 m 
 ''\i 
 
 This, may it pleafe your excellency, i^ 
 the rendezvous for all their forces, the grand 
 magazine for their ftores of all forts, and 
 the place to retreat to on every occalion, 
 when they think proper to make any in- 
 curilons upon our weftern frontiers^ or any 
 ether of his majefty's provinces to the weft- 
 ward i fo that if the French are fuffered to 
 continue in the pofleffion of that fort, with- 
 out another's being ereded to curb it, it 
 will (in our appreheniion) greatly endanger 
 the lofs of the Indians of the Six Nations to 
 ""his majefly^ and thereby dijlrefs all the pro* 
 linces, r 
 
 6 , ^' Being 
 
 
[ »I ] 
 
 " Being thus expofed on every fide, and 
 having a large frontier to defend, the doing 
 of which hitherto has been a great expencc 
 of blood and treafure to us, we are very 
 fenfible of the neceflity of his majefty's 
 Colonies affording each other mutual af- 
 fiftancej and we make no doubt but this 
 province will, at all times, with great chear- 
 fulnefs, furnifli their juft and reafonable 
 quota towards it. 
 
 *' All which we beg your excellency 
 would be pleafed to reprefent to his ma- 
 jeft, in fuch manner as you fhall think 
 moft proper." 
 
 r I 
 
 A true copy attefted. 
 
 
 i;tt 
 
 W' 
 
 
 1 i-. 
 
 J. WiLLARD, Secretary, 
 
 Extraa 
 
t 
 
 122 ] 
 
 i ^^ 
 
 Extiafl . of a MefTage from the Council, 
 and Houfe of Reprefentatives of the Pro- 
 vince of the Malfachufets Bay, to Go- 
 vernor Shirley, in Anfwer to his two 
 Speeches, in March and April 1754. 
 
 ** / I ^ H E council and houfe of reprefen- 
 A. tatives of this his majefly's province, 
 have given very great attention to the two 
 fpeeches which you have been pleafed to 
 make from the chair on the 28 th March 
 and the id of April. We are fenfible they 
 contain matters of the lajl importance^ not only 
 to the inhabitants of this government^ but to 
 every other of his majeJiysfubjeSfs in America^ 
 to the Britifh intereft in general, and to the 
 interefl of all Europe. ,, ^ - ' ^ 
 
 ./ J' 
 
 " It now evidently appears, that the 
 French are far advanced in the execution of 
 a plan projedled more than fifty years Jincey 
 for the extending their poffeffions from the 
 mouth of the Mifliflipi on the fouth to Hud- 
 fon's Bay on the north, for fecuring the vaft 
 body of Indians in that inland country, and 
 
 for 
 
 ■ m 
 
[ "3 ] 
 
 for fuhje^ing this whole contsnent to the 
 crown of France. This plan, agreeable to 
 the genius and policy of the French nation, 
 was laid for a future age ; the operation of 
 it has been gradual, and almofl infenfible, 
 whilji the Britlfh governments in the planta* 
 tions have been confulting temporary expe^ 
 dientSy and they are in danger of continuing 
 fo to do, until it be too late to defeat it. 
 And however improbable it may feem, that 
 this fcheme fhould fucceed, fince the French 
 inhabitants on the continent at prefent bear 
 but a fmall proportion to the Englifh -, yet 
 there are many other circumftances which 
 give them a great advantage over us, and 
 which y if not attended to, will foon over- 
 halance our Juperiority in numbers. The 
 French pay no regard to the mofl folemn 
 engagements, but immediately after a peace, 
 take and keep pofTeffion of a country, which 
 l^y treaty they had jufl: before exprefly ceded; 
 whilft the Englifli in the plantations, afraid 
 of incurring difpleafure, and of being in- 
 flrumental of bringing on a war in Europe, 
 fufFer thefe encroachments to be made and 
 continued. The Frengh in time of peace 
 
 arc 
 
 J, . 
 
 r.'f 
 
 ■A 
 
 .: ill 
 
 . f, ■ 
 
 ! ■: »i 
 
 ill. 
 
 ' M 
 
. [ 124 j 
 
 arc contiiuially exciting the Indians fettled 
 among them, to come upon our frontiers, 
 to kill and captivate our people, and to carry 
 iheir fcalps and prifoners to Canada, where, 
 as ivc have fuJUvi deuce ^ a reward ugivetifor 
 them'^ a fid hy this means we are prevented 
 jrom extending our /ettlemeuts in our own 
 country-y whilft the English, from the prin- 
 ciple juH: now mentioned, fcruple to avenge 
 thcmfelves by carrying the war into the In- 
 dian fettlemcnts, left they fliould^ annoy 
 his majefty's allies, amongft whom our moft 
 barbarous enemies are fettled, and by whon^ 
 they are cheriflied and encouraged. 
 
 " ^he Trench have under their influence 
 hy far the greatef} part of the Indians on the 
 continent , whilft the Englifh, by the dif- 
 ferent meafures of the feveral governments, 
 are in danger of lofmg the fmall proportion 
 which at prefent are attached to them. The 
 French have but one intcreft, and keep one 
 point in view ; the EngUjh governments have 
 different interefJs^ are difunited^ fame of them 
 have their frontiers covered hy their neigh ^ 
 Soaring governments, and nop being immedU 
 
 atefj 
 
t 12J ] 
 
 (itcly affeSleclfccm uucouccrnciL The French 
 are fupported by the crown and trcafure of 
 France, which fecms now more than ever 
 to have made the plantations the objcd of 
 its attention J the EngUlh goverument^ ar§ 
 obliged to carry on any fchemes at their own 
 expellee ^ and arc ?tot able longto Jupport any 
 great undertaking. 
 
 % 
 
 h: 
 
 
 ** Thefe arc fome of the difadvantages 
 which the CngliHi at prcfent labour under, 
 and they are not likely to be removed w'lth^ 
 out his majejlfs gracious inter pofitions. We 
 therefore defire your excellency to repre- 
 fent to his majefty the expofed^ hazardous 
 Jlate of thefe bis governments, and humbly 
 to pray, that he would be plcaibd to caule 
 the moft effect iial meajhres to be taken for the 
 retnoval of any French forts or fcttlemcuts, 
 that are or may be made in any part of his 
 territories on this continent-, and in particu' 
 citlar, that the fubjeBs of the French king 
 may be compelled to quit the province of 
 Nova Scotia^ where, in dircd: violation of 
 the moft exprefs agreement to the contrary, 
 they are daily increafing and fortifying them- 
 
 felves; 
 
 
 !., il 
 
r i»6 J 
 
 fclves J that his majcfty would allow and 
 order, that, whenfoevcr the Indians, who arc 
 fettled among the French, or arc under their 
 dircdlion and controul, (hall captivate and 
 deftroy his Englifli fubjeds, his rcfpedlivc 
 governments (hail fufFer and encourage the 
 Indians, who arc in the English intereft, 
 to make reprifals upon the French ; there 
 being no other way of putting a flop to the 
 incurfions of the French Indians, or of for- 
 warding the fcttlement of our frontiers.". 
 
 Extraa 
 
 r • 
 
[ 'V 3 
 
 Extraifl of an Addrcfs from the Council 
 and Rcprefentativcs of the province of 
 Maflachufets Bay, to Governor Shirley, 
 
 ' Odtober 30th, 1754- 
 
 «< \ T T E very well knew before wc 
 VV ingaged in this expedition, that 
 an heavy charge niuft be the jiecclTary 
 confequence of it ; and here we would 
 humbly beg leave to reprcfcnt to your ex- 
 cellency, that, although wc have, and fliall 
 at all times chearfully exert our utmoft 
 ftrength in the defence and fccurlty of his 
 majefty's American dominons, yet we ajv 
 prehcnd it impojjible^ in the p-ejknt diftrcf]' 
 cd circumftances of the frov'nice^ to maw- 
 tain a force necejjary for the defence offaix- 
 tenfive a frontier ; aud therejore we mufi 
 humbly rely upon his maje/iy's paternal good- 
 fjefs, through the inter pofition of your ex-"- 
 cellency's good offices, for^ a ffi fiance, as to 
 the charge we have heen^ and may he at ; 
 and reft aflured, that we fhall never be ex- 
 pofed to ruin by our zeal for his majefly's 
 fervice ; efpecially as what we have done is 
 for the fafety, not only of this, but all his 
 majefty's governments, 
 
 X *' Your 
 
 
 , ! H 
 
 % 
 
 \i 
 
[ '*8 ] 
 
 «« Your excellency could not have com- 
 municated to us any advices more acceptable, 
 than .thofe which you have received from 
 :he right honourable Sir "i'homas Robinfon, 
 one of his majefly's principal fecrctarics of 
 ftate. His majefly's great condefcenlion, in 
 thus fignifying his royal approbation of our 
 condud:, has made i very fenfible impreffion 
 upon us, which cannot eafily be effaced. 
 We hope we fliall never render ourfelves 
 unworthy of his royal favour." 
 
 Extract 
 
r, "9 ] 
 
 I 
 
 Extrad from the Addrefs of the Aflembly 
 of Virginia to the King, 1754.. 
 
 Xl^ e 
 
 S the endeavours of the French to 
 flablifli a fettlement upon ^itr ft'on- 
 tlersj is a high infult offered to your majefty, 
 and If not ilmely oppojed w'th vigour and re^ 
 Joint ion ^ mil ft he attended with the mo ft fatal 
 confequences j we have (noiwithflanding the 
 great poverty of the colony, and the low 
 condition of the pubhc revenue, occaiioned 
 by the bad ftate of our tobacco trade, and 
 a large debt due from the country, for raifing 
 and maintaining of foldiers upon the expedition 
 againfl: Canada in the year 1 7^6) granted afu[> * 
 ply of ten thoufand pounds towards defraying 
 and prote(5ling your majefty's fubjedls againft 
 the encroachments of the French, which, 
 though not fufficieut to anfwer all the ends for 
 Zjhich it is de/igned^ is tht utmofl tha* your 
 people under their prefent circumfiances are 
 able to bear. We therefore moft humbly 
 befeech your majefty, to extend your royal 
 hmcfccnce to us your loyal fubje(5ls, that wq 
 
 K may 
 
 
 ■fi 
 
 
ill"'' 
 
 t »3° ] 
 
 may be enabled effedualiy to defeat the ««- 
 jufi and fernkictis dejjgns of your enemies.'* 
 
 h /f 
 
 I 
 
 
 fit 
 
 Befides thefe addreffes from the aflcmblies 
 of Maflachufets Bay and Virginia, there is 
 a reprefentation made by the commiffioners 
 from the feveral Colonies afTembled at Air 
 banyinjuly 1765; an extraft from which, 
 I think it proper to lay before the public on 
 this occafion, as fpeaking the fenfe of all 
 the Colonies at that time ; and I fhall ac- 
 company it with an extracSt from the fpeecU 
 of the famous Sachem Hendrick, to thofe 
 wommiffioners. : .■ 
 
 
 114 ; 
 
 Extratfl: 
 
 h^^^iHi 
 
[ '31 ] 
 
 Eitradl from the Drdught of a Reprefen- 
 tation of the CommiiTioners met at AlbJt- 
 
 : . ny> Ju^y 5>th, 1754. " ■ 
 
 ."t.j", 
 
 it 
 
 THAT they (the French) are continu- 
 ally drawing off the Indians from 
 the Britifh intereit j and have lately perfuaded 
 one-half of theOnondaga tribe, with many from 
 A r other nations along with them, to remove 
 to a place called Ofwegchie,, on the river 
 Cadaraqui, where they have built them a 
 church and fort 5 and many of the Senecas, 
 the moft numerous nation, appear to be wa- 
 veringi and radier inclined to the French : 
 and it is a melancholy confideration, tbat not 
 more than 150 men of all the feveral natio?is 
 have attended this treaty^ although they had 
 notice J .hut all the go^vernments ivotild be here 
 by thri, •r.n-'vjjloners, and that a large pre- 
 j'ent ivouL t f i^ive?j. 
 
 ** That it is the evident . defign of the 
 French to furround the Britifi Colonies ; to 
 fortify themfelves on the back thereof j to 
 
 K 2 take 
 
 i- • '• 
 
'I' 
 
 [ 132 ] . 
 
 take and keep pofleffion ol the heads of all 
 important rivers ; to draw over the Indians 
 to their intereft, and with the help of fuch 
 Indians, added to fuch forces as are already 
 arrived, and may hereafter be fent from 
 Europe, to be in a capacity of making a ge^ 
 neral attack on the Jeveral governments j and 
 if at the fame time a ftrong naval force be 
 fent from France, th i"^ is the utmoft danger, 
 that the whole contiru nil be fuhjeSied to 
 that crown ; and that the danger of fuch a 
 naval force is not merely imaginary, may be 
 argued from paft experience j for if it had 
 not been for the moft extraordinary interpo- 
 fltion of heaven, every fea-port town on the 
 continent, in the year 1746, might have 
 been ravaged and deftroyed by the fquadron 
 under the command of the duke d'Anville, 
 notwithftanding the then declining ftate of 
 the French navy, and the further advantage 
 accruing to the Englifli from the polTellion 
 of Cape Briton 
 
 ¥ 
 
 I* 
 
 - " That the faid Colonies being in a di- 
 vided., dif united Jiate^ there has never been 
 any joint exertion of their force ^ or councils^ to 
 
 repel 
 
 
f 133 j 
 
 repel or dejeat the meafures of the French i 
 and particular Colonies are unable and un- 
 willing to maintain the caufe of the whole. 
 
 « That It feems abfolutely necefTary, that 
 fpeedy and efFea:u?l meafures be taken to 
 fecure the Colonies from the slavery they 
 are threatened withJ\ 
 
 m 
 
 m 
 
 '*■■ % 
 
 Extrads 
 
 lii 
 
[ 134 ] . 
 
 Extrads from the Proceedings of the Cori- 
 grefs at Albany in 1754. 
 
 Part of Hendrick's Speech, 2d July, 1754; 
 
 <« >/"fc ^IS your fault, brethren, that we 
 JL are not llicnt+thened by con- 
 queft ; for we fliould have gone and taken 
 Crown Point, but you hindered us ; we had 
 concluded, to go and take it ; but we were 
 told it was too late, and that the ice could 
 not bear us. Inftead of this, you burnt your 
 own fort at Seraghioga^ and run away from 
 it, which was afhame and afcandal to you, 
 
 ** Look about your country and fee,- 
 you have no fortifcatiom about you ; no, not 
 even to this city (Albany) j 'tis but one ftep 
 from Canada hither, and the French may 
 eafily come and turn you out of your doors. 
 
 " Look 
 
i 'I 
 
 t I3S ] 
 
 ** Look>it the French, they are men j they 
 ,9re fortifying every where -, but, w^ <7rtf 
 ajhamed to Jay ity you /?rf cIl like women, 
 bare and ^tfen, 'without any fortijicationsy 
 
 It would be painful to me to point out 
 .the diredl and palpable contrgdiftions to the 
 afTertlons of the two gentlemen before-men- 
 tioned, which may be collected from thefe 
 papers. I Piall therefore leave it to my 
 readers to make their own remarks upon fo 
 delicate a fubjed J but to do juftice to my 
 pwn argument, I muft oblcrve, that thefe 
 reprefentations of the affemblies and commif- 
 fioners are all dated in the year 1754, an- 
 tecedent to the arrival of the two regiments 
 under general Braddock in America, and con- 
 fequently long before his defeat, or the coni- 
 pencement of hoftilities between Great Bri- 
 tain and France in Europe, or between the 
 regular troops of the two kings in America. 
 Whoever therefore will give credit to thofe 
 Reprefentations, muft be convinced that the 
 ]ate war vvas not occafioned by a dijpute in 
 7 whi^b 
 
 
[ n6 1 . ■ 
 
 nvhich the C olonies had no particular concern 
 or interefi j nor will they think, that the Co^ 
 lonies were in perfeB peace with the French 
 and Indians before the defeat of general Brad- 
 dock in 1755. as little will they be inclined 
 to believe, that the fubdtiitig and keeping Ca- 
 nada^ Nova Scotia^ and Florida^ ts greatly 
 injurious to the old Colonies-, that Great 
 "Britain alone receives any benefit from their 
 being added to the Britijh dominions ^ and that 
 Jhe alone ought to maintain them. 
 
 
 Ivi' 
 
^ fiJ7 1 
 
 Eat all that ^jk been urged again (l 
 our claims, cry the Colony advocates, are 
 novel doctrines, we will not difpute about 
 them ; all we defire and fue for is o\iv for" 
 tner liberties j we are loyal fubjcdts of the 
 king, and only defire to be i-cjiored to our 
 ancient rights^ as we quietly enjoyed them 
 before the fatal period of Mr. Grenville's 
 adminiftration. What were thofey^rwir 
 or ancient rights and priii leges cj the Colo- 
 nies fliall then be the fubjev5t of our next 
 enquiry. But by the way, I would afk 
 the fe loyal fubjedts of the king, what king 
 it is they profefs themfelvcs to be the loyal 
 fubjeds of ? It cannot be his prefent mod 
 gracious majefty George the Third, King 
 of Great Britain, for his title is founded on 
 an ad: of parliament, and they will not furcly 
 acknowledge, that parliament can give them 
 a king, which is of all others the higheft 
 ad of fovereignty, when they deny it to 
 have power to tax or bind them in any o- 
 thercafe; and I do not recollc£lt that there 
 is any ad of aflembly in any of the Colo- 
 nies for fettling: the crown upon King Wil- 
 
 rious houfe of Hanover. 
 
 ng 
 liam, or the illufl; 
 But they fay, they recognized his majefty's 
 
 L title 
 
 ' ■•' 'i' 
 
 :, t 
 
 
 'm 
 
 
 ■lit' 
 
[ '38 ] 
 
 title before many of the people In Engljini 
 had done it. That is, they obcyd an ad: of 
 parli;iment before it was obeyd by many 
 people in England. I believe they did fo, 
 for I never fufpedled them of Jacobitifm, 
 altho' they muft fee, that if they rejedt 
 parliamentary authority, they make them- 
 felvcs to be ftill the fubjeds of the abjured 
 Stuart race. This however is too delicate a 
 matter to fay more upon ; we fliall then 
 proceed to the invefligation of their ^/j- 
 cient rights, 6cc. 
 
 The firft charter granted by the crown of 
 England for the purpofe of Colonization, 
 is that granted by king James to the two 
 Virginia Companies, dated the loth of 
 April, 1606; thofe which precede it ha- 
 ving been granted for the purpofe of Dif- 
 covcry. This charter, as it is explained 
 and enlarged by another charter, dated on- 
 ly three years after, furnifhes us with a 
 pretty good account of the rights and pri- 
 vileges which the iirfl: Settlers in Virginia 
 carried over with them, and to which they 
 now feem fo defirous of recurring. By 
 one claufe in this charter, the governor, 
 
 and 
 
[ »39 ] 
 and other magiftratcs and officers to be ap- 
 pointed by a council rcfiding in London, 
 arc vcftcd '* with full and ahfohite power 
 " and authority to corrcB, punijl\ and par- 
 •* don^ govern and rule all fuch the fubjcds 
 •' of us, our heirs and fuccellbrs, as fliall 
 ** from time to time adventure themfelvcs 
 ** in any voyage thither, or that iball at 
 •* any time inhabit in the piecindts and 
 *' territories of the faid Colony as aforefaid, 
 ** according to fuch orders, ordinances, con- 
 ** Jlitiiiions, dire^icm and inflructionSy as by 
 our [aid council as aforefaid AkiII be efta- 
 blifhed ; and in deject thereof, in cafe of 
 ** nccejjity, according to the good difcretion 
 ** of the faid governors and cheers refpec- 
 " tively, as well in cafes capital as civil, 
 ** both marine and others, lo always as the 
 " faid ftatutes, ordinances and proceedings, 
 ** as near as conveniently may be, be agree- 
 •* able to the laws, ftatutcs, government 
 " and policy of this our realm of England." 
 By other claufes, the treafurcr and com- 
 pany are exempt from the payment of all 
 duties and taxes ^ox f even years * But a du- 
 ty of two and an half per cent, is laid by 
 the king upon all merchandize, bought and 
 
 L 2 fold 
 
 
 
Ii> 
 
 
 H!l 
 
 [ 140 ] 
 
 fold within the precincts of the Colony, hy 
 Englifh fubjcdts not of the Colony. And 
 an additional duty of Two and an half per 
 cent, more is laid upon all merchandize 
 bought or fold therein by aliens or foreign- 
 ers, and the revenue to arifc from thofe 
 duties is thus appropriated by the king ; ** all 
 which fums of money or benefit as afbrc- 
 faid, for and during the fpace of twenty- 
 one years next v.ifuing the date hereof* 
 fliall be wholly employed to the ufe, be- 
 nefit and behoof of the faid feverai plan- 
 tations where fuch traffic fliall be made ; 
 and after the faid twenty-one years end- 
 ed, the fame fliall be taken to the ufe cfuj, 
 cur heirs end jucccjjbrsy by fuch officers and 
 minifters as by us, our heirs and fuccef- 
 fors, fliall be thereunto appointed." In 
 a claufc of the fccond charter this duty is 
 doubled, but it is explainea to mean a du- 
 ty of Five per cent, upon goods imported, 
 and Five per cent, on goods exported by 
 Englifli fubjeds not of the Colony, or al- 
 lowed by the company ; and Ten per cent, 
 
 ens, ** over and abt 
 
 it 
 
 << 
 
 <c 
 
 (( 
 
 t< 
 
 <( 
 
 ic 
 
 <( 
 
 <( 
 
 <( 
 
 <( 
 
 by 
 
 fuch 
 
 ft 
 
 €( 
 
 futfidy and cuflom as the faid company is or 
 hereafter fiall be to pay!' The glorious 
 
 rightSy 
 
; [ »4i ] 
 
 rights, frhilegci and immttnitics therefore, 
 which the Jirjl Sett Lis in V i r[^l n ia f^/rr/V^ 
 *with them, appear to have I ,cn the right of 
 heing governed hy laws, enadted by a coun- 
 cil of the proprietors rcfiding here in Eng- 
 land, all of them nominated in the firft in- 
 ftance by the crown, and afterwards to be 
 clecftcd by the proprietors refiding in Eng- 
 land. And in cafe of the dtjcci o^ Jtich Jla- 
 tutt's, the difcrction of the governor, and o- 
 ther minifterial oificers, was to be the Lsv, 
 as well m cafes aipita/as civil. It was their 
 right and privilege alfo, to be taxed by the 
 King's Jb/f prerogative, for the u/e and dc^ 
 Jit of the crown only, and in no cafe to 
 be taxed by themfelves, or their reprefen- 
 tatives eledled by themfelves ; for thefe 
 charters convey no fuch powers to the com- 
 panies, or. to their council. So very far 
 from the truth therefore arc thofe afTertions 
 of the Virginia aflembly contained in their 
 refolutions, ** that the inhabitants of that 
 Colony have always beefi taxed by them- 
 felves, or by perfons chofen by them- 
 felves J and of having been governed on-^ 
 ly hy fuch laws, as they or their repre- 
 ^ntatives gave confent to; " that by the 
 
 L 3 origi- 
 
 
 t I, 
 
 i'lvMi 
 
 1 i 
 
 fif 
 
 li- 
 
[ H2 ] 
 
 original conftltutlon of the Colony, the 
 inhabitants had no right to chult reprefen- 
 tatives for any purpofe, or of being con- 
 fulted, or their conlent afked in the fram- 
 ing of any laws, or impofing of any taxes, 
 by which they were bound. Their laws 
 were fent over to them from England rea- 
 dy drawn up, and enadted by a coi'ncil ap- 
 pointed by the crown, and their taxe^ were 
 impofed by the kings fole prerogative. Nor 
 were thefe the rights and privileges of the 
 inhabitants of that country, which is novV 
 called Virginia only,for the territory granted 
 by thefe charters to the two Virginia com- 
 panies extended from the latitude 34 to the 
 latitude 45, which includes the whole 
 country, from the fouth boundary of the 
 C&lony of Virginia, t;o the frontiers of No- 
 va.,S,cotia, and the firft Settlers in that nnrt 
 ofc this territory, which is now called New 
 England, fettled under thofe very charter s^ 
 having purchafed tlie right fo to do from 
 owQ, of thofe comp.anies^ ,_ .. .•,• 
 
 And altho' the New England company ■ 
 took upon them, in their general court, to • 
 afiefs the inhabitants, yet, as their char4f!,r « 
 
 gave 
 
 ■.f'; 
 
[ 143 ] 
 gave them no right Co to do, we iind their 
 havi?ig levied money of the tnhahttants^ one 
 of the chief a6ts of dehnqucncy aliedged in 
 the writ of fctre facias y ilTued againft their 
 charter in the 36th year of the reign of 
 Charles the Second, and upon which judg- 
 ment was given in the court of King's, 
 Bench, againft the governor and company 
 of that Colony, and their charter taken a- 
 way. And when after the revolution they 
 petitioned king William and queen Mary 
 for a renewal of their former charter, the 
 king's council of that great cer:» Lcl-i them, 
 their former charter was infufficient for 
 their purpofe; inafmuch as by it they 
 could not'levey money for the purpofes of 
 their government. And in the new charter, 
 which wac- granted them in the third year 
 of William and Mary, and which is the 
 charter under which that Colony is no'U) go- 
 'vernedy the power to levy taxes is reftrainecl 
 to provincial and local purpofes, and to be 
 exerciibd over fuch only as are inhabitaiits 
 ov proprietors of the faid Province; the terms 
 of the charter ave thefe ; " and we do give 
 **'and grant that the faid general court or 
 'alTembly fhall have f.ill power and au- 
 
 L 4 ** thority 
 
 CC 
 
 ,■ i ■■ 
 
 : ii: 
 
 I 
 
 m-l 
 
 t ! 
 
11 
 
 M 
 
 ifll 
 
 
 ) 
 
 I 
 
 
 €( 
 
 ft 
 
 *t 
 
 <C 
 
 (C 
 
 it 
 
 [ 144 J 
 
 " tbority to name and fettle annually all 
 ** civil officers, &c. and alio to impofe 
 ** fines, mnlcfts, imprifonments and other 
 " punilhments, and to impofe and levy 
 proportionable and reafonable affelf- 
 ments, rates and taxes upon the ejiates 
 andp rfo/is, of all a fid every the proprietors or 
 inhabitants cj our faidProvitice or territory, 
 to be ifTued and difpofed of, by warrant 
 under the hand of the governor of our 
 ** faid Province for the time being, with 
 *' the advice and confent of the council, 
 ** for curfcrvice, in the fieccjjhfy defence and 
 ** fiip^'Ort of our government ^ of our faid Fro* 
 ** vince or territory^ and the protection andpre^ 
 *' fcrvaticn of the inhabitants there ^ accord- 
 ** ing to fuch ads as are or fhall be in force 
 ** within our faid Province". Here we 
 have the origin of the American diftinc- 
 tion between external and internal taxes, 
 and the diflindllon is a real one in refpedt 
 to the authority or right of the aflembly of 
 MalTachufet' Bay, for that aflembly has no 
 right, by their charter, to lay any tax on 
 Englilh traders, or their goods, frequent- 
 
 ing the ports of that Province 
 jiot inhabit, s or proprietors 
 
 , if they be 
 of the Pro- 
 vince 1 
 
vincc ; and if they have done any fuch 
 thing, their prefent charter nnay be as much 
 endangered by it, as their former one was 
 in the reign of Charles the Second, from 
 their taxing the inhabitants without autho- 
 rity. And the reafon of this limitation in 
 their right of levying taxes is plainly this. 
 That it might not be in their power to in- 
 jure the trade of England by taxing Englifh 
 goods, fhips, or merchants, who might 
 come to trade there, or to give any prefer- 
 ence to the inhabitants of the Colony over 
 the people of England. Thus this boafted 
 diftindion, by which it was pretended, that 
 parliament was precluded from taxing the 
 inhabitants of that Colony :, comes out to 
 he a preclujion of the affejjihly of that Provhice, 
 from taxi?ig Englifi traders or their merchan" 
 dife in any of the ports of that Province, 
 
 The purfuit of this bufinefs has 
 carried me to a lower period of time, 
 than other confiderations will fuffer me 
 to proceed from, and I inuft now re- 
 turn to the proceedings of the Virginia 
 company, and of parliament relative to 
 them. And indeed, from what we have feen 
 
 of 
 
 h 
 
m 
 
 ili 
 
 ■ ^5 ii 
 
 4 ( 
 
 [ 146- ] 
 
 of the conditions, under which the firft 
 Emegrants fettled in that country, we are 
 not to be furprifed at finding petitions 
 to parliament, from thefe iirfl: Settlers 
 in the Colonies fo early as the year 1621 ; 
 and if, as the adminiJiratio?i of the coJo^ 
 nies tells us, parliament then dcjijled from 
 its claim of right over them, we can 
 fcarcely fuppofe the petitioners conlidered 
 that ncgleSl of them as a prhikge. Is it not 
 more probable, that they confidered it as 
 an addition to all their other grievances ? 
 And how would they be amazed at the mad- 
 nefs of tlieir defcendants, whom parliament 
 hath taken under its benign protedion, and 
 refcued from the cruel fluigs of prerogative 
 arid arbitrary power. Did thty fee them 
 labouring with all their might fo throw ofF 
 the juvifdidion of parliament, and retura ' 
 under the unlimited authority of the 
 crown ? 
 
 Parliament, however, did not neglcdi \Si€\t 
 applications, nor did parliament, either^ 
 then, or at any time fince, ever doubt of -its 
 right ofjuriJdiBion over the lands and inhabit 
 tants in America^ as will appear riioft evi- 
 dently 
 
 V 
 
[ H7 3 
 
 dently from the commons journals, faith- 
 ful extrads from which I have given in the 
 appendix beginning at the year 1 6 14, which 
 was only eight years after the grant of the 
 firfl: charter, and only nve years after the 
 grant of the fecond, for planting Colonies 
 in America. .v "^ . 
 
 it 
 
 My countrymen will there fee, that the 
 doubts oithe Hg/jt of parliament to make laws 
 to bind the CoIofpVs, was raifed by the king's 
 fecretary, and that tht- only members of the 
 houfe of commons, who' feemed to doubt 
 along with him, were two^of the patentees^ 
 Mr. Smith and Mh Guy. The majority of 
 the commons, were fo far from doubting of 
 their jurifdidion, that they pafTed the bill, 
 which occafioned the doubt, which was not 
 only ^<?r//;/^ their right, h\3X2.Q:\x2X[y exercifmg 
 it, as far as any houfe of parliament can exer- 
 cife any legiflative jurifdiction. And what is 
 ftillmorev the fecretary and the patentees feem 
 to hftve not only acquicfcccnwxh^xi^x. claimed 
 by- parliament, but id have been drawn over 
 to the opinion, that parliament had fuch a 
 right, for in the progrefs of the bill, we 
 find tJiem filent upon the matter of right, 
 
 and 
 
 iri 
 I ! '■- 
 
 
 m i»! 
 
SI i' 
 
 [ 148 ] 
 
 and complaining of the hardfhips impofed 
 by it on the Settlers, by authorifing and giv- 
 ing a right to the Englifli fifhermen to cut 
 down timber oS their lands, and without pay- 
 ing them for it, even within a quarter of 
 a mile of their houfes : And propofmg fome 
 amendments in favour of the colonics : 
 Without 'whichy Mr. Secretary fays, he doubts 
 whither the bill will recei/e the royal aflent. 
 But thefe comnions of England were not to 
 be led by the king's fccretary from their 
 duty to the flate j they rejecSted the pro- 
 vifoes s upon this truly parliamentary 
 reafon, " that the fi(hing was more 
 ** beneficial to the coim7ionwealth than 
 " the plantation ". Upon the fame prin- 
 ciple they controuled a patent, which ex- 
 cluded Englifh fiflicrmen from fifliing on 
 certain coafts of America, and declared in 
 right of their fupreme authority, that the 
 penalties and forfeitures inflided by that 
 patent were w/V. They will alfo find in 
 the fame journal, that the commons of 
 England were not inattentive to the profpc- 
 rity and fecurity of the Colonies from their 
 firfl fettlement, nor to preferve to them 
 
 their 
 
 \V\ 
 
r H9 ] 
 
 their r'lglJs as JubjeSls of England, whilil 
 they took care to prevent them from inter- 
 fering with, or injuring their fellow fub- 
 jedts in their mother country. For they not 
 only allowed the ufe of Virginia tobacco, 
 when they excluded that of all other places, 
 but the forfeiture which the king had by his 
 patent inflidledon the ioh^ccoJJjipped in Vir^ 
 ginia, they declared to be illegal^ and the 
 patent void bccauje it was not done by aittho^ 
 rity of parliament. This was at once refcu- 
 ing the Colonies from the opprellive jurif- 
 didion of the crown, and declaring their 
 own authority over them. It was faying, 
 that the crown alone had no right to grant 
 away the property of the people in Virgi- 
 nia, for that right was m king and parlia- 
 ment. It was declaring, that the Colonies 
 lay within the realm, and were not the pri- 
 vate pofTeflions of the king, but part and 
 parcel of the dominions of the crown, that 
 the inhabitants were fubjedls of the ftate, 
 and intitled to the protection afforded by the 
 laws of England, againft the arbitrary ad:s 
 of the king, and bound to pay obedience to 
 them. 
 
 It 
 
 ■^ 
 
 'ill 
 
 
 
 r;.- 
 
 'i 
 
 i '4" 
 
 \ Mi; 
 
f.,il 
 
 f J50 1 
 
 It is well wortlvv of remark, that the ex- 
 cluding parliuinent, iVom juiifdicStion over 
 the Colonics, was at ibis timr a matccr of 
 pecuniary, as well as Iionorary confidcra- 
 tion with the crown j for as there was then 
 no fettled revenue for the fupport of the 
 king's civil government, the grant of char- 
 ters and monopolies were the moft impor- 
 tant of the king's methods of raifing money 
 independant of parliament ; and from the 
 efpecial provifions in thefe charters to the 
 Virginia companies, it is evident, that the 
 king then looked to the new plantations 
 in America, as a fource for a confiderable 
 revenue to himfclf andhis fucceflbrs, which 
 might, perhaps, enable them to fubfift 
 their houfeholds in future, without the dif- 
 agreeable aid of parliament. In thefe cir- 
 cumftances it is more eafy to fuppofe, that 
 the king or his minifters, would have re- 
 trained parliament in its rightful jurifdic- 
 tion, than have fuffered it to ajjiime jurif- 
 did::on over America, if parliament had 
 not a right to it ; and the frequent rejec- 
 tion of the fifhing bill is a proof, that fuch 
 was really the intention of the crown, where- 
 as its frequent renewal is a like proof of 
 
 an 
 
an early jealoufy in the commons, and of 
 their flri<5t attention to the rights of par- 
 liaments, and the true intereds of their 
 country. 
 
 In the year 1632, Lord Baltimore ob- 
 tained a grant of lands in America, to 
 which the charter gives the name of Mary- 
 land ; thefe lands were included in the for- 
 mer charters to the Virginia companies, but 
 thofe companies not having cultivated or 
 planted them, the crown thought it had a 
 right to regrant them without any legal 
 procefs ; and as the Virginia companies had 
 held thofe lands as of the manor of Eafl 
 Greenwich, fo the king now grants them 
 to Lord Baltimore, to be holden as of the 
 ** caftle of Windfor in the county of Berks,'* 
 declaring, " that the faid Province, tenants 
 ** and inhabitants of the faid Coiony or 
 ** country, (hall not from henceforth be 
 " held or reputed a member, or as part of 
 ** the land of Virginia, or of any other Co- 
 ** lony whatfoever, nor (hall be depending 
 ** on, or fubjedl to their government in any 
 ** thing. And our pleafure is, that they 
 " be feparated, and that they fiall be 
 
 *' fiibjc^ 
 
 ™ 
 
 . 1'! 
 
 Is i'Ai 
 
 
 '* 
 
 \ '..■•■ 
 
 i 
 
 m 
 
 Ml 
 
i 
 
 ;i!i 
 
 r 152 'I ; 
 
 " ftihjeSf hnni'diatcly to cur crown cf Eng'* 
 " /iir/ci as (iependiv^ thereof frr ever," In 
 this charter, however m^.nircll:, it appears, 
 that the king was derirous to gratify liOrd 
 Baltimore to the utinori: of his power, yet 
 we find the right of all the fuhjecfts of Eng- 
 land, to fifh and cut wood on the coails of 
 America, for which parliament had fo (Ire- 
 nuoufly contended, is exprefsly refcrved, 
 *' Saving always unto us, our heirs and fuc- 
 ceflbrs, and to all the fuhjedls (of our 
 kingdoms of England and Ireland) of 
 us, our heirs and fuccefibrs, free liberty 
 ** of fifliing forfeafifli, as well in the fea, 
 ** bays, inlets, and navigable rivers, as in 
 ** the harbours, bays, and creeks of the 
 Province aforefaid, and the privileges of 
 faking and drying their fifh on the JJjore oj 
 the f aid Frovince ; and for the fame caufe 
 to cut and take underwood or twigs there 
 growing, and to huild cottages and fxds 
 necelTary in this behalf:" fo that altho' 
 the king refufed his alTent to the filhing 
 bill, yet we fee in this patent, he made 
 refervation of tbofe rights of the people of 
 "Englandy which parliament had aflerted 
 and meant to have eftabliflied bv that bill ; 
 
 and 
 
 C( 
 
 <c 
 
 <( 
 
 <( 
 
 (C 
 
 <c 
 
 <c 
 
 <c 
 
 (< 
 
1 
 
 ■ ( >53 ] 
 
 and if he had not done (o, wc may v\'tll lap- 
 pore, that the houfe of commons would have 
 done it for him, as we have feen they did 
 in the cafe of the Virginia company, and 
 the Newfoundland company; fur ru)twith- 
 llanding the hill had not the royal afTcnt, 
 yet the refolutions of thofe commons of Eng^ 
 land, had fufficient efficacy to prevent the 
 fettlers in Virginia and Newfoundland from 
 ever afterwards refufmg liberty to the En- 
 glifti iifhermen to fifli, cut down woody GrV. 
 upon their coafts, and within their rcfpedive 
 charter jurifdi(ftions. 
 
 ni 
 
 The intermiflion of parliaments from this 
 date, to the breaking out of the troubles 
 which occanoned the death of Charles, 
 leaves us without any further record of the 
 opinion of parliament in his reign, with re- 
 fpedl to its right of jurifdidion over the 
 Colonies j but we find in Scobel's a(^ts of 
 the commonwealth parliament, the llro^ gc(l 
 and fuUeft decu; rations of the right of par- 
 liament, to bind the Colonics in all cafes 
 whatfoever that can he contained in words. 
 Virginia, Barbadoes, and fome other of the 
 Colonies, (not New England, for that 
 
 M Colony 
 
1 ' I 
 
 Colony took part with the commonwenlth's 
 men) had declared for King Charles the 
 Second, and Prince Rupert had carried 
 his fleet to fupport them. To pimlp thefe 
 Colonies, the parliament made an adl in the 
 year 1630, the preamble to which, is as 
 follows : * ** Whereas in Virginia, and in 
 ** the idands of Barbadoes, Antigo, St. 
 *' Chriftophers, Mevias, Montfcrrat, Ber- 
 *' mudas, and divers other illands and 
 •* places in America, there have been and 
 <* are Colonies and Plantations which were 
 ** planted at the coft, and fettled by the 
 people, and by authority of this nation^ 
 which are and ought to ht fubordinate to 
 ** and dependent upon England^ and hath ever 
 ** fmce the planting thereof, been and ought to 
 be jubjeB to fuch lawSyOrders and regulations, 
 as are or Jhall be made by the parliament of 
 England." I do not quote this adt as 
 of force or binding lip^n the Colonies, I 
 only give it as an hiftorical facft, containing 
 the opinion of that parliament ; and if We 
 believe the aflertions in the preamble : 
 •* That the Colonies were always held and 
 •* deemed to be fubjeSi to all adfs of par Ha- 
 
 *t 
 
 €« 
 
 <( 
 
 <( 
 
 <( 
 
 * Appendix^ No. 2. 
 
 (( 
 
 ment,' 
 
I III 
 
 r'55i 
 
 •'• tmntt* which is a matter that muH; have 
 been well known to thofc who made that 
 aflcrtion, as the firft fcttlcmcnts were made 
 within the memory of many of them, it 
 will be full -evidence, of the opinion which 
 former parliaments had of their right to 
 jurifdidion over the Colonies, though it is 
 not a proof of the right of thofe who palled 
 the adt. 
 
 TVc great event which quickly followed, 
 and bywhich the conftitution was reflored to 
 its ancient form, reftored parliament to its 
 legal authority over all the fubjeds of the 
 realm, and the re-eftabliflunent of peace af- 
 forded an opportunity for cxercifing it j and 
 fro-rv this happy period, down to the pre- 
 fent tmies, there are but few fclfions which 
 are not marked by fomc adt of fovercignty 
 over the Colonies, fomc rcgulatioji or tax. 
 The Colonies were then indeed become of 
 confiderable importance. The number of 
 inhabitants upon the continent of America, 
 was not now only 4000, which was the 
 number of all the fettlers there in the reign 
 of James the Firft, when the Irifh bill was 
 firfl brought in ; and it therefore behoved 
 
 .1. % 
 
 
 Lin 
 
 ■.;ri 
 
 
 M 2 
 
 par- 
 
i 
 
 m 
 
 K , \ 1 
 
 [ «56 3 
 
 parliament more attentively to look -sSxtt 
 them at this time, than it was neceflary for 
 them to do in their infancy 5 and from this 
 reign it is, we are to begin our enquiries 
 after parliamentary regulation for the trade 
 and inhabitants of the Colonies, althoujih 
 the claim and exercife of the right of par- 
 liament over them, may be taken much 
 higher, and is indeed, as we have feen, 
 coeval with their firfl fettlement. The 
 crown too defifted from its claim to the fole 
 property in the Colonies and right of jurif- 
 di(ftion over them. We hear no more of 
 that prerogative language from the crown 
 to pari' ment j the Colonies are not an- 
 nexed to the realm, they are the king's fc- 
 parate dominions i but, on the contrary, we 
 find the crown, in its future charters and 
 patents for granting territories in America, 
 carefully explaining itfelf to have no preten- 
 fions to fuch fjparate jurifdidion, but fel- 
 ting forth to the Colonies, that parliament 
 was in all cafes to be the fupreme and fo- 
 vereign legillature over them. 
 
 The charters dated in the 14th year of 
 Charles the Second, which were granted ta 
 
 the 
 
 V\¥\ 
 
[ ^57 ] 
 
 the inhabitants of Connedlcut and Rhode 
 liland, are (imply charters of incorporation, 
 eroding the refpedtive inhabitants in thofe 
 places into acorporate body, and empower- 
 ing them to do corporate ads, in like man- 
 ner, as other corporations in England are 
 empowered to do, or as thofe charters ex- 
 prcfs it : " That they the fald John Win- 
 '* trop, &c. and all others as now or here- 
 *' after {hall be admitted and made free of 
 ** the compcmy and foclcty of our Colony of 
 ** ConneBiciit in America, (and the fame 
 ** words are ufcd in the Rhode Illand char- 
 '* ter) fhall from this time, and for ever 
 ** hereafter, he one body corporate and poli- 
 ** tick in ad and name, by the nan:ie of 
 ** Governor and Company of the Englifli 
 ** Colony of Connedicut in New England 
 ** in America, and that by the fame name, 
 ** they and their fucceflbrs fhall and may 
 *' have perpetual fuccefiion, and fhall and 
 *' may be perfons able and capable in the Jaw 
 ** to plead and be impleaded, to anfwer and 
 ed unto, to defend and to be 
 
 it 
 
 <c 
 
 nfu 
 
 defended in all and fingular fuitSf catfeSy 
 ^* quarrels, jnatterSy anions and things of 
 '* what kind or nature foever, and alfo to 
 
 f i 
 
 M 
 
 lave 
 

 n>'^ 
 
 ■|i; 
 
 i.i 
 
 
 [ '58] 
 
 " have, take, poflefs, acquire and purchafej, 
 *' lands, tenements, or hereditaments, or 
 ** any goods or chattels, and the fame to 
 ** leafe, grant, deiuile, alien, bargain^ 
 ** fell and difpofc of, as ctber our liege peo- 
 ** pie of this our realm of England, or any 
 ** Qtln^ corporaticn, or body politic, within 
 ** the fame" The man who thinks the 
 Terms of \\\\% claufe of the Connecticut and 
 Rhode Ifland charters, defcriptive of or 
 applicable to a fovcrcign State ox fupreme le- 
 giflaturc, deferves not that any fober argu- 
 ment flionld be held with him. I Ihall 
 therefore pafs over the further confidera- 
 tion of ihefe charters, with only remark- 
 ing, that the King here exprefsly admits^ 
 that the Colonies were then within the 
 realm of England, or annexed to it, by 
 ufing thefe words, ** as other our lie^e peo^ 
 ** pie of this our realm of England ^ or any 
 <* other corporation within the fame** 
 
 The patent for Penfylvania, which was 
 granted the fame year with the Rhode Ifland 
 and Connedticut charters, as it was of a 
 more extenfive nature, and convey'd higher 
 powers, feems to have been drawn up with 
 
 pro- 
 
 !i!5 
 
[ IS9 3 
 
 proportionably greater caution, and is in- 
 deed fo full upon the matter of the prefent 
 difpute, between the Colonies and Parlia- 
 ment, that one cannot help fuppoGng, thofe 
 who were intrufted to prepare it had a fore- 
 fight of what has fince happened. The 
 preamble of the patent declares it to be a 
 chief purpofe of the patentee, to enlarge 
 '* cur Englijh dominiom\' and that the terri- 
 tory granted, and its future inhabitants, 
 fhould for ever continue as part of that do- 
 minion, is expreflly provided for by the 
 following claufe. " And to the end the 
 *•* faid William Penn, or his heirs or other 
 ** planters, owners or inhabitants of the faid 
 ••* Province, may not at ar.y time hereafter^ 
 " by miffojijirudiion of the powers aforefaid, 
 ** through inadvertejicy or defign^ depart 
 ** from that faith and due allegiance, which 
 
 BY THE LAV7S OF THIS OUR KING- 
 DOM OF England, they and all our 
 fubjedis in our dominions and territories 
 always owe unto.us, our heirs and fuccef- 
 fors, by colour of any extent or largenefs 
 of powers hereby given, or pretended to 
 be given, or by force or colour of any laws 
 ** hereafter to be made in the faid Tr evince , 
 
 M, 4^ *' by 
 
 (( 
 
 (( 
 
 (( 
 
 (( 
 
 <c 
 
 (C 
 
 (C 
 
 jit 
 
i 
 
 It i 
 
 
 *\ 
 
 
 (( 
 
 <( 
 
 <( 
 
 cc 
 
 <( 
 
 <c 
 
 <c 
 
 (< 
 
 (( 
 
 [ i6o J 
 
 ** by virtue of any fuch powers. Our fur- 
 «* ther will and pleafure is, that a tranfcript 
 ** of all laws, which fliall be made within 
 the faid Province, fliall be tranfinitted to 
 the privy council ; and if any of the faid 
 laws fliall be declared by us, &c. in our 
 privy council, inconfiftent with the fove- 
 rcignty or /awful prerogative of us, &c. 
 or contrary to the faith or allegiance due 
 by the legal government of this realm, from 
 the fiid William Penn, or his heirs, or 
 of the planters or inhabitants of the faid 
 " Province, from thenceforth fuch laws 
 *' fliall become void". By another rlaufe, 
 the king covenants iiOt to lay any tax up- 
 on tlie inhabitants of Penfylvania of his 
 own folc prerogative, but in giving up that 
 right cf his ancejlors, he takes care to de- 
 clare, that he does not mean to give up the 
 right of parliament to tax them, or pre- 
 tend that ho. could do fo j thefe are his 
 words : "And further our pleafure is, and 
 for thefe prefents for us, &c. we do co- 
 venant and grant to and with the faid 
 William Penn, &c. that we, &c. fhall 
 at no time hereafter fet or make, orcaufe 
 to fet any impofition, cuftom, or other 
 *' taxation, or rate or contribution whatfo- 
 
 *' ever, 
 
[ i6i ] 
 
 ** ever, in and upon the dwellers and inha- 
 ** bitants of the aforefaid Province, for their 
 " Lands, Tenements, Goods or Chattels 
 " within the faid Province, or in and up- 
 ** on any goods or merchandife within the 
 ** faid Province, or to be laden or unladen 
 ** within the ports or harbours of the faid 
 ** Province, unlefs the fame be with the con- 
 " fent of the proprietors or chief governor or 
 ** ajjemhly^ or by act of parliament 
 ** IN England". I am no advocate for 
 prerogative taxes, either in England or in 
 the Colonies -, but yet, if the crown enjer 
 Jjadaright to tax the inhabitants of Penfyl- 
 vania, I fee nothing in this charter, which 
 is the ancient conftitutlon of the Colony, 
 which could ferve to juftify them in refu- 
 fing to pay any tax, which the crown and 
 the proprietor might agree to impofe upon 
 them .; for the crown only grants, that 
 without the confent of the proprietor, or 
 of the affembly, or by ad: of parliament, it 
 will not impofe taxes, which is referving to 
 itfelf the right of doing it with the confent 
 of either. 
 
 
 B 
 
 In the following year, viz. the 15th of 
 Charles the Second, that part of the North 
 
 Amc- 
 
 -' n 
 
 ill; 
 
[ 
 
 
 
 Irr 
 
 km 
 
 ' -U ■ ' 
 
 Si. 
 
 [ '62 ] 
 
 American continent, which lies to the 
 fouth of Virginia, was granted to eight 
 proprietors, under the name of Caroli- 
 na ; the claufe of this patent, which fe- 
 parates the newly credled Province, and its 
 inhabitants, from all other Colonies, very 
 fully declares their dependancy on the crown 
 of England. *' Our will and pleafure is, 
 fays the patent, that they be fuhjeSi im- 
 mediately to our crown of England, ns 
 depending thereof J or ever j and that the 
 inhabitants fliall not, at any time, be 
 liable to anfwer to any matter out of our 
 faid Province, ether than in cur realm of 
 England ^ and dominion oj Wales^'' 
 
 <( 
 
 <( 
 
 (( 
 
 <k 
 
 «( 
 
 ct 
 
 4C 
 
 The lad Colony charter, granted by the 
 crown, is that granted in the year 1732, by 
 his late majefty, to lord Percival, and cer- 
 tain other gentlemen, who were called 
 Truftees for eftablirtilng the Colony of 
 Georgia. The powers of legiilation, for 
 this Colony, were vefted in a council, to be 
 chofen by the truflees, or members of the 
 corporation ; and it is whimfical enough to 
 obferve, that none were capable of being 
 «f that council, which was thus appointed 
 
 - the 
 
 1 , '\ 
 
[ i63 ] 
 
 the legiflature for the Colony, who were 
 pojjejfed of any landsy or offices of profit, 
 withifi the Colony, as if it had been intend- 
 ed to debar and cut off, fro.n the inhabit 
 tafitSy all poffibility of pretending to a right 
 of being reprefented in this their legiflative 
 aflembly, or of clefting the members of 
 whom it fhould be compofed. Or perhaps 
 it was intended, by this fingular reftraint, 
 ^:o prevent the corporate powers from being 
 carried over to the Colony, as had been the 
 cafe with the Virginia charters. What- 
 ever the reafon was, we find fuch was the 
 legiflature the inhabitants of Georgia were 
 to be governed by and by it they were 
 governed for twenty years, after which, viz. 
 in 1752, the truftees refigned their charter, 
 and re-invefted the Colony in the crown. 
 The truftees council were indeed fparing 
 in the exercife of their legiflative powers, 
 for they enadted only three laws in all that 
 time, but they may truly be faid, to have 
 been fufficient, and mofl: effedjually pre- 
 cluded the necefllty for more. The one 
 prevented the inhabitants from trading to 
 the Wefl: India Iflands. The other pre- 
 vented them from trading with the Indians; 
 
 ^nd 
 
 f 
 
 m 
 
M 
 
 k 
 
 
 tv. 
 
 ! I 
 
 f " ■ 
 j, ■/. 
 
 ill' 
 
 f «64 ] 
 
 and the third prevented them from culti- 
 vating their lands. The ads did not in- 
 deed bear fuch titles, but the reftrai.Us im- 
 pofed by them had exadlly thofe effedls. 
 The council however repealed two of thofe 
 adts before they refigned their charter, but 
 the one for regulating the trade with the 
 Indians, and by which a Tax is laid upon the 
 traders, for defraying the charge of falaries 
 to the officers, is, with feme amendments, 
 flill of force in that Colony ; and thofe in- 
 habitants who pretend, that parliament, the 
 fupreme legiflative authority over all the 
 realm, has no right to make laws to bind 
 them, arc, and always have been, actually 
 bound and taxed by a law, enabled by half 
 a dozen Englifh gentlemen at a tavern 
 meeting -But to return to the proceed- 
 ings of parliament. . , 
 
 t, «'. 
 
 !M 
 
 p.. 
 
 In the 1 2th year of Charles the Second, 
 which was the firft feffion after the reflo- 
 ration parliament, gives a ftrong inftance of 
 its attention to the general intereft of this 
 country, and of the Colonies, and of its 
 authority over them. 
 
 It 
 
<« 
 
 C( 
 
 <f 
 
 <( 
 
 <( 
 
 [ '65 1 
 
 It prohibits, ** the importation into, or 
 the exportation out of any lands, iflands, 
 plantations, or territories, to his Majef- 
 ty belonging, or in his pofleflion, or 
 which may hereafter belong unto, or be 
 in pofT'effion of his Majefty, his heirs and 
 •* fucceflbrs, in Afia, Africa and America," 
 of all- goods and commodities whatfoever, 
 •* except in {hips belonging to the people 
 ** of England or Ireland, or the faid lands, 
 ** iflands, plantations or territories ;' and 
 ** navigated by EngUfimen," and the Terms 
 'Englijfomen and Englijh (hipping ; the fame 
 adl explains to include, ** the men and 
 ** fhipping belonging to England, Ireland, 
 ** Wales, Guernfey, Jerfey, or any other; 
 *' the lands, iflands, dominions and terri- 
 ** tori.es, to his Majefty, in Africa, Afia 
 " or America, belonging, or in his poffef- 
 *' fion ;" and under this explanation of the 
 terms Englifh fliips and Englifli men, have 
 the fhips, and inhabitants of the Colonies, 
 ever Jirice enjoyed the fame privileges and 
 advantages, as the fliips and inhabitants of 
 the kingdom of England are intitled to ; 
 and in all future adts, the refpedtive inha- • 
 bitants are deemed o?ie and the fame people y 
 
 andj- 
 
 •i 
 
 I! 
 
(,:! 
 
 It 
 
 I 
 
 ii 
 
 i; 
 
 f ;'' 
 
 ■M 
 
 f 166 ] 
 
 and their (hips to belong to one and the 
 fame people. But this adt goes ftill further, 
 in its exercift of parliamentary jurifdidion 
 in and over the Colonics, for it prohi- 
 bits any perfon, v/ho is an Alien ; that 
 IS, as the adl explains it, one, not born 
 within the allegiance of the King, or made 
 a free denizen, from exercifing the trade 
 or occupation of a merchant or fadlor, 
 in any the [aid placesy upon pain of the 
 forfeiture and lofs of all fuch perfon's 
 goods or chattels." 
 
 The preamble to that part of th. id, of 
 the 15th of Charles the Second, which re- 
 lates to the plantations, has already been 
 taken notice of, but the reafon which 
 parliament gives for enforcing the prohi- 
 bition of planting tobacco in England, is 
 worthy of remark, inafmuch, as it ferves 
 to prove the praSiicahility of cultivating 
 that plant in England, and the generous 
 and equal regard which parliament enter-: 
 tained for the inhabitants in the Colonies, 
 and people of England, as fubjedts in com- 
 mon, of the State. *' And forafmuch, 
 *' fay: the flatute, as planting and making 
 
 " to- 
 
 W 
 
 Mil' 
 
r >67 ] 
 
 •* tobacco within the kingdom of Eng- 
 •* land, doth continue and increafi, to the 
 ** apparent lofs of his faid Majerty in his 
 ** cuftoms, the liifcouragemcnt oj 1 )e EngHjh 
 •' flan tat ions in the parts beyond thefeas^ and 
 ** prejudice of this kingdom in general,'* 
 
 The ad. of the 25th of this reign (Cfiap. 
 the 7th) is the firft which lays taxis in the 
 CohnieSt Jor the file ptirpofe of revenue. Not 
 indeed upon commodities carried thither 
 from England, or upon fuch part of the 
 Colony produds, as were confumed in the 
 Colonies, in which they were raifed, for 
 parliament feems, by its reafoning in that 
 ad, to have exempted them from taxes in 
 thcfe cafes, by way of encouragement, and 
 in confideration of their not being then as 
 well able to pay taxes, as the people of 
 England were, upon what they confumed, 
 but upon fuch of their produds, as they 
 exported to foreign countries, or carried 
 from one Colony to another, the following du- 
 ties are dire<5ted to be paid at exportation j 
 ** iovfo much of the faid commodities as fiall 
 ** he laded, and put on heard fuch fip or vef- 
 ** feh, that is to fay, for fugar white, the 
 
 ** hun- 
 
 \ 
 
 

 fi' 
 
 [ i68. ] 
 
 « 
 
 " hundred vr tight y five /Jjillings } and brown 
 •« and mufcovados, the hundred weight, 
 '* one fiilling and fix-pncc j tobacco, the 
 ** pound, one penny \ cotton wool, the 
 ** pound, one half penny ; for indico, two-' 
 '* pence -, ginger, the hundred weight, one 
 " Jhilling ', logwood, the hundred weight, 
 ** five pounJs ; fuftick, and all other dying 
 ** wood, the hundred weigiit, fix-ptnc^ -, 
 ** cocoa, the pound, one penny j to be le- 
 ** vied, colle(fled and paid, at fuch places, 
 *• and to fuch coUedVors, and other officers, 
 ** as (liall be appointed in the refpedtive 
 ** plantations, to collctl, levy and receive 
 *' the fame, l^efcre the lading thereof ^ and 
 <* under fuch penalties, both to the of- 
 ** ficers, and upon the goods, as for non- 
 " payment of, or defrauding his Majefty 
 ** of his cuf^oms in England j" And for 
 the better " colleBion of the feveral rates and 
 ** duties impofcd by this a5ly be it enacfted, 
 ** that this whole bufinefs fliall be ordered 
 ** and managed, and the feveral duties here- 
 " by impofcd, fliall be caufed to be levied by 
 ** the commiffioners of the cuftoms in Eng- 
 " land, "by and under the atitho?-ity ^d di- 
 ** regions of the lord trcafurer of England, 
 
 or 
 
r .69 J 
 
 •♦ or cornmiflioners of the trcafury;'* the 
 only duty iiiipofed by this a<^ upon any of 
 thcfc commodities, which can be called a 
 prohibitory duty, is that upon logwood j for 
 the rates and taxes, charged upon all the 
 others, were not only luch as the commo- 
 dities could bear, but which it ivas intended 
 iJxy JJmdd hear^ and which ivere a6iuaUy paid 
 by the inhabitants in the Colonies, who 
 continued to export them after thofe du- 
 ties were laid upon them, until the law 
 was altered by fubfequent afls, in the fol- 
 lowing reigns. There is indeed no appro- 
 priation of the revenue to arife from thefe 
 taxes, declared in the ad", but it was not 
 then the practice of parliament, to appro- 
 priate all revenues that were to arife, from 
 the taxes it impofed, either in England or 
 in the Colonies ; they were given to the 
 King generally, and without account for 
 the public fervicf. of the ftate. But if par- 
 liament had only intended thefe taxes as re» 
 gulations of trade^ that is to fay, as prohi- 
 bitory of the exportation to Joreign parts, 
 OT from one Colony to another, of any of the 
 produd:s or commodities, upon which the 
 taxes were laid ; why did it impofe a tax, 
 
 N of 
 
 liifi 
 
 m 
 
 !r 
 
it 
 
 ,i > 
 
 I ^70 ] 
 of only one (hilling and d:: pence the hun- 
 dred weight, upon mufcovado fugar, which 
 was then worth more than twenty fiillings 
 m the Colonies, and at the i\ime time tax 
 a hundred weieht of logwood, which was 
 not worth near fo much, at jfive pounds ? 
 The fame queflion may he aflted, in refped^t 
 to all the other conimodities, and the an- 
 fwer can only be, thut the high tax, in the 
 one cafe, was intended for a prohibition, 
 and in all the others, the taxes were ex* 
 peBed to be paid^ and to raife a revenue, in 
 the Colonies, from their trade, for the ge- 
 neral fervice of the ftate. " Their trade 
 " and navigation, fays the ftatute, in thofe 
 " commodities, from one plantation to 
 ** another, was then greatly insreafed,** and 
 w^as become an objed: for taxation, and 
 was therefore taxed accordingly, And^what 
 puts it beyond all poflibility of doubt, that 
 thefe taxes were impoied for the purpofe of 
 revenue^ is, th?,t the taxes, diredled to be 
 paid on the exportation to foreign parts, 
 or from one Colony to another, of fofne of 
 thefe piodudls of the Colonies, and I be- 
 lieve on alU are the fame js were then paid 
 in England, upon the importation of thofe 
 
 produ<3;s 
 
[ '7' 1 
 
 produvJls into tint kingdom, and I be- 
 lie\^e it never was imagined, that thofc taxes 
 were not Jmpofcd for the purpofe of re- 
 venue. The plain and obvious intention 
 of parliament, therefore, appears to have 
 been, that the people, in the Colonies where 
 the refpedive commodities were not pro- 
 duced, fhould pay the fame taxes for ufing 
 them, as were paid by the people of tug- 
 land for ufing them ; and that fuch of 
 thofe produdls, as were carried to foreign 
 countries, fhould alfo pay the fame taxes ; 
 as well to prevent foreigners from having 
 them cheaper than the people in England, 
 or in the Colonies could have them, and 
 thereby cutting them off from any pre- 
 ference in the market, as alfo to laife a re- 
 venue to the ftate, out of what was con- 
 fumed by foreigners. Some of thefe trxes 
 Jiill remaifit and arj; now paid in the Cohfiics, 
 particularly the two-pence />tT lb. on indi- 
 go; aind it was nof: till his late Majelly's 
 reign, that fome of the other taxes were 
 altered. 
 
 By the 7th and 8th of William and 
 Marjj, it is enaded. " that every feaman 
 
 N 2 what- 
 
mil 
 
 !S;j : 
 
 I V 
 
 If: 
 
 s 
 
 <( 
 
 <« 
 
 [ ^;2 ] 
 
 " whatfoever, that (hall fervc his Majefly, 
 " or a»y other pcrfon whatfoever ^ in any of 
 ** his Majefty's (hips, or in any jl:)tp or vef- 
 fel whatfoever, belonging or to belong to 
 any fubjedls of England, or any other 
 ** his Majefty's dominions, fhall allow, and 
 ^* there (hall be paid out of the wag'is of 
 ** Q.\tTy fuch feaman, to grow due for fuch 
 " his fervice, 6 d, per annum, for the 
 " better fupport of the faid hofpital, and 
 *' to augment the revenue thereof" This tax 
 has always been, and ftill is levied in the 
 Colonies. 
 
 But an ad;, which was paflcd the fame 
 year, intituled, *' An adl for preventing 
 *' frz^uds, and regulating abufes in the plan- 
 ** tations," is ftill more remarkable for the 
 exercife of parliamentary jurifdidlion in the 
 Colonies, not only over the individuals and 
 their effeds, but over their courts of juftice, 
 and even over their afjemtlies alfo. This adl 
 renews and enforces all former afts refpec- 
 ting the plantations, and m.akes all fliips 
 and vcfftls coming into any port there liable 
 to the fame regulations and rcftridtions, as 
 ^ips in the ports in England are hable 
 
 to; 
 
m 
 
 [ '73 ] 
 
 ♦o ; and then goes on to ena6l, " That 
 •* the officers for collecting and managing 
 ** bis Majejlys revenue ^ and in feeding the 
 '* plantation trade in any of the faid plan- 
 ** tanons, fliall have the fame powers and 
 ** authorities for vijiting and jearching of 
 ** {hips, and taking their entries, and for 
 ** feizing and fecuring, or bringing on 
 ** fliore any of the goods prohibited to be 
 ** imported or exported into or out of 
 ** any of the fiid Colonies and planta- 
 ** tions, or jor ijabich any duties are pay^ 
 " able, cr ought to have been paid by any 
 ** of the be fore- mentioned ads, as are 
 " provided for the othcers of the cuftoms 
 " in England : and alfa to enter houfes or 
 *' ivareljoufcs to J e arch fcr, and feize any 
 " fuch goods. And that all the war- 
 ** fingers and owners of keys and wharfs, 
 *' or any lighterman, bargeman,, waterman, 
 ** porter, or o'bir pirjlns, aliifting in the 
 *' conveyance, concealment or refcue, 6cc. 
 •' fliall be brought to the like pains and 
 " penalties, as are provided in relation to 
 *' prohibited or uncuilomed goods here 
 ** in England. And the like afliftance. 
 ** fhall be given to the fiid officers as is 
 
 N 3 pro- 
 
i 
 
 m 
 
 tc 
 
 it 
 
 [ 174 J 
 
 " provided for the officers in England : 
 p.nd ajfo, tliAt in cafe any officer or of- 
 fice r in the plantations, ihall be fued 
 *' or iiiulefted for any thing done in the 
 '* execution of their office, the faid of- 
 ** ficer may plead the general iffiie, and 
 ** fia/I give thisy vr other cufiom ath hi 
 ** evidence y and the judge to allow thev^nf,'* 
 Another claufe of this adl:, prohibits the 
 ow7iers cf lands, in the Colonies on the 
 Contiiient from felling thejn, to any perfon 
 who is not a natural horn fubjed of Eng- 
 land or Ireland, unkfs by licence from 
 his Majelly. But the highcfl exercife of 
 authority, is contained in the 9th fedioq 
 of this act, which declares and enads, 
 *' That all laws, bye-laws, ufages or cuf- 
 " toms, at this time, or which hereafter 
 " {liall be in pradice, or endeavoured or 
 •' pretended tc be in force, or practice in 
 ** any of the faid plantations, which are 
 •' in any wife repugnant to the before- 
 *' mentioned laws, or any of them, fo far 
 " as they do relate to the faid planta- 
 *' tions, or any of them, or which arc 
 *' any ways repugnant to this prefent a<5r, 
 '* or to any other law hereafter to be made 
 
 <« jf 
 
 171 
 
 •:\ r 
 
[^75] 
 
 ♦* /';; fhls kingdom, (o far as fuch law fhall 
 *' relate to and mention the faid plan- 
 ** tations, are illegal, null and 'uoid, to all 
 *' intmts a7idpurpoJcs 'wbatfoever,'* 
 
 The number of a6ls of parliament re- 
 fpcding the Colonies, is fo great in this 
 and the fubfequent reigns, that quotati- 
 ons from them all would be endlefs, I 
 iliall therefore pafs on to that of the 
 nth of Kin^r William, for the trial of 
 pyrates iii America, in which we find the 
 following claufe than, which nothing ^ti 
 be more exprefiivc of the full authority, 
 which parliament then exercifed over the 
 Colonics. ** And be it hereby further dc- 
 *' clarcd and enacted, that if any of the 
 *' governors in the faid plantations, or 
 " any pcrjon or pcTjoHs in authority there ^ 
 '* {ha-U rcjufe to yield (ibtu.,::Li to this ad, 
 " fuch r«iu»al is hereby declared to be 
 " a fQrjcitw*e of all and every the char- 
 *' ten grsattMl i&r the nment or fro- 
 
 *• frieiy<d itidft plantatiju/*^ 
 
 The tbird and iburth of Qu^een Ann, 
 prohibits the cutting down any pitch or 
 
 N 4 tar 
 
t '76 ] 
 
 tar trees in the Colonies of New Eng- 
 land, New York, or the Jerfeys, that fliali 
 not be within a fence or enclofure, 
 
 iio'ivitbj!a?n-!ing the lands on which they grow, 
 and conjequently the trees, may be the private 
 property of the inhabitants in thefe Colonies, 
 
 The a<5t of the ninth of that rei 
 
 gn 
 
 for eflablifhing the pofi: office, gives this 
 reafon ior its cftablifliment, and for lay- 
 ing the taxes thereby impofed on the 
 carriage of letters in Great Britain and 
 Ireland, the Colonies and Plajitations in 
 Isiorth America, and the Weft Indies, and 
 all (.Wer her Majefly's dominions and ter- 
 ritories, *' That the bufinefs may be done 
 ** in luch manner, as may be moft benefi- 
 ** Q\c\ to the people of thefe kingdoms, 
 ** and her MajcAy may be jupplied, and the 
 " re'Denue ari/ing l^y the faid o^ce better im- 
 proved, fettled and Jecurcd to her Mqjefly, 
 her htirs and Juccejjors" And be fides 
 taxing the letters in the Colonies for thefe 
 purpc ies, the ferrymen, and owners of 
 ferries in North America, are required to 
 give up their dues for ferriage, and to carry 
 over r\e poft without payment, under a 
 heavy penalty. 
 
 The 
 
 <( 
 
 {< 
 
in 
 
 r '77 3 
 
 The ad; of the fifth of George the Second, 
 which prohibits the exportation of hats 
 made in the Colonics, even from one Co- 
 lony to another : alfo prohibits any per- 
 fons, who have not ferved an apprentice- 
 fliip to that bufinefs, from making hats 
 there even for tbcir own wcartjig : and alfo, 
 reftrains all makers of hats, from taking 
 more than two apprentices at a time, or 
 any for lefs than feven years, and intire- 
 ]y prohibits the employing negroes in that 
 bufinefs. And the adt of the 13th of 
 George the Second, which the Colonies 
 quote, as having conveyed to them the 
 rights and privileges of Engliflimen, natu- 
 ralizes foreigners, who fliall refide fevGn 
 years in the Colonies, not only in refpedl 
 to Great Britain, but in refped to the Co- 
 lonies alfo ; ind the naturalization of fuch 
 foreigners by authority of the faid adl, 
 has never been difputed in the Colonies, 
 and they have not only voted in the elec- 
 tion of members of the feveral Colony af- 
 femblies, but have been eledled into thofe 
 affemblies and fat therein, in conlequence 
 of and by authority of this adt. 
 
 
 
 ■I, 
 
 I Oiall 
 

 
 (! 
 
 P:i 
 
 
 1 
 
 yL 
 
 ' 
 
 'T 
 
 ill" 
 
 ( r 
 
 1 ;t' 9 
 
 [ "78 ] 
 
 I fliall mention but one ad of parlia- 
 ment more, as that a6t will compleat what- 
 ever may be wanting (if any thing can in- 
 deed be fuppofed wanting after the variety 
 1 have quoted) to compleat the evidence 
 of the unlimited jurifdiSiion which parlia- 
 ment has always exercifed over the Co- 
 lonies in all cafes whatfoever ; and that is 
 the ac^V of the 5th of the late king, " which 
 ** abrogates fo much of the common law 
 " as relates to defcents of freeholds in 
 ** America, takes from the fon the right 
 *' of inheritance in the lands the crown 
 *' had granted to his father in abfolutefee, 
 *' makes them aflets, and applies them to 
 *• the payment of debts and accounts con- 
 ** traded by the father, without the par- 
 ** ticipation of the fon*." And what gives 
 this ad a higher air of importance, than 
 any other is, that it was palTed upon the 
 petition of the Englifh merchants trading 
 to the Colonies, who complained, " that in 
 ** Virginia and Jamaica, a privilege was 
 ** claimed to exempt their houfes, lands, 
 ** andtcnements,and their negroes alfo from 
 
 * Sec the claim of the Colonics examined. 
 
 ** being 
 
 'M 
 
t€ 
 
 t( 
 
 t€ 
 
 tt 
 
 r 179 ] 
 
 being extended for debt j and the Lords 
 of Trade rcprefented, that the ajjemblies 
 ** of thofe Colonies could never be induced 
 to dlvefl thcmfclvcs of thefe privileges by 
 a/2y nSl oj their own," What the Colony 
 afTenfiblies therefore had refufed to do, par- 
 liament of its own authority did. 
 
 Whiift parliament was thus in every 
 reign, and almoO: in every fefiion, exercif- 
 ing its fupremc legiflative authority over the 
 Colonies, the minifters and fervants of the 
 crown were not wanting on their part, in 
 carrying the laws into due execution, or 
 in exerting the Prince's ju(t authority, for 
 preferving the Colonies in their dependance 
 on the king and parliament of Great 
 Britain. 
 
 pi 
 
 It was not indeed ufual in thofe iimes, 
 to call men to the higheft offices of the (late, 
 who were utterly unacquainted with the 
 conftitution j or to place at the head of 
 the law fuch as were altogether ignorant of 
 the ftatutes and cuftoms of the realm. 
 The maxim that the king can do no v/rong, 
 was not then extended to the condudt of 
 
 every 
 
 i^ 
 
 ii 
 
 f' 
 
«' 
 
 I 
 
 t 1 
 
 ii 
 
 
 *" ; 
 
 
 3 
 
 
 .1 ■ 
 
 mk\' -m^ 
 
 IHH4. ..] 'j-^' 
 
 
 BLLii 
 
 f '8° 1 
 
 every minif^cr who could feizc upon the 
 reins of government, or poflefs himfclf of 
 the powers of the crown. The great of- 
 fices of the flate, were then deemed offices 
 of refponfibility^ and the fandtions of par- 
 liamentary enquiries and impeachments 
 guarded them from prophanation by ar- 
 rogant intruders. An houfe of com- 
 mons would then have been fo far from 
 excufing the blunders of a minifter, up- 
 on his plea of ignorance, that they would 
 have confidered his having dared to exe- 
 cute an office, with the duties of which 
 he knew himfelf to be unacquainted, as an 
 high aggravation of his guilt. No minifter 
 in tkofe times, would have been deiperate 
 enough to have infulted or trifcd with an 
 houfe of parliament, by negleding or re- 
 fufing to carry its refolutions into full 
 execution j much lefs to have held a fhield 
 before thofe who had defied its authority, 
 to fkreen them from its refentment. The 
 terrors of parliamentary cenfures or punish- 
 ments then made minifters diligent and 
 refolute, in the difcharge of their duty, and 
 withheld prefumptuous and incapable men 
 from venturing to condu(ft the ftate* 
 
 Tl 
 
 le 
 
[ i8. ] 
 
 Tlic Prince was therefore well fcrved, his 
 councils were wife, and his crown fur- 
 rounded with dignity. The nation was rc- 
 fpedled abroad, the Prince beloved at home, 
 and parliament reverenced by all the fub- 
 jeds of the realm. The fcntiments which 
 the Colonies then entertained for their mo- 
 ther country, and for its laws, were thofe 
 of duty and aflfedlion ; they claimed their 
 protedlion, and they profclTed a willing 
 obedience to their authority. Nay, they 
 not only obeyed adts of parliament, but 
 loved them» and held their right to be go- 
 verned by them as their chiefefl privilege, 
 and the grand fource of their happinefs. 
 Wc have an uncontrovertible proof, that 
 fuch were the fentimcnts of the inhabitants 
 of Virginia, in the firft a<^ pafied by the af- 
 fembly of that Colony after the reftoration. 
 
 This adt, ifter reciting the changes of go- 
 vernment and unhap} y difturhanjes during 
 the late ufurpation, declares what former 
 a«fts of affembly ihall be and continue in 
 force in that Province in future. '* Profef- 
 ** fing, that in the colledlion they have 
 made, they ha^'C endeavoured iji all things 
 as near as tlic ^ ..pacity and conllitution 
 
 of 
 
 y 
 
 «c 
 
 4( 
 
 liif 
 
 
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 [ 182 ] 
 
 «* of this country would admit, to adhere 
 *« to fbo/'e exec! hit and often rr fined Laws 
 
 ** OF EMGLANt), to wHich WE PROFESS 
 " AND ACKNOWLEDGE ALL REVERENCE 
 
 ** AND OBEDIENCE 5 and that the laws 
 ** made by us, are intended by us, but as 
 ** brief memorials of that which the capa^ 
 *• city of our coiirtSy is utterly incapable to 
 •* colle(ft out of its vaft volumes, though 
 ** fometimes perhaps for the difference of 
 *• our and their condition, varying in f mall 
 things y hut far Jrom the Presumption 
 of contradi5fii2g any thing therein contained.'* 
 
 « 
 
 cc 
 
 And in another a^l, in the year 1666, 
 they thus exprefs themfelves, *' Whereas, 
 " for the better conformity of the proceed* 
 *' ings of the courts in this country^ to iht 
 *« Laws of England, it appears n^ct^-Atj, 
 " that for the better dire(3:ion therein, all 
 ** the former flatutes at large, and thofe ifiade 
 ** fmcc the beginning of the reign of his mojl 
 ** facred Maje/iy, that no^ is, and fome other 
 ** elleemed books of kvt^, fhoufd be p»r* 
 •« chafed." 
 
 'l!i 
 
 1 1 y >'- * 
 
 ill 
 
 New 
 
 \M 
 
[ '83 ] 
 
 New England indeed was not equally 
 well difpofed towards the reflored King 
 of England, as Virpjinia; and although 
 I have not heen able to find any adts of 
 aflembly, or corporate records, made in thefe 
 early times, in that country, yet I do not 
 fuppofe, that thofe which were made, were 
 cxprefiivc of duty to the King, or to th« 
 then parliament ; for the inhabitants there 
 had acknowledged obedience to the Com- 
 mon-wealth parliament, and their religious, 
 as well as political tenets, led them to dif- 
 like the newly reftored conftitution. Their 
 conduct, however, was not unobf^rrved by 
 the King and his Minifters ; and that it 
 might be the more flrictly enquired into, 
 a commiffion was difpatched under tlie 
 Great Seal of England, empowering cer- 
 tain commiffioners, to furvey and examine 
 the ftate of the Colonies. And it was upon 
 the report of thefe commiffioners, that the 
 fcire facias, of which I have ahxady taken 
 notice, iflfued out of the court of King's 
 Bench, againft the New England charters, 
 alledgin^, among other things, that the 
 corporate aiTemblies had taxed the inhabit 
 
 tants 
 
 -!■ : '' 
 
 i ■'' 
 
 
 J. 
 
 i^i t,r, •< li-S". i 
 
 i';i 
 
 
 1 
 
 m 
 
[ 184 ] 
 
 tanti imthottt authority from their charter To 
 to do. . , . , , , 
 
 I, 
 
 ■"■!" 
 
 A tranfadion between the minifters of 
 Great Britain, and the aflembly of New 
 York, which took its rife in the year 1710, 
 likewife furniihes a ftrong proof of the at- 
 tention which ihe great miniflers, o^ that 
 time, gave to the Colony proceedings ,• and 
 of tbt'ir opi?2ion of the right of parliament 
 to tax them ', and the fubfequent condud: of 
 the aflerftbly of New York, is alfo an evi- 
 dence of the jull conceptions they then had 
 of the authority of parliament, and of 
 their wifdom in obviating the neceflity for 
 its interpofition, by impojing the tax them" 
 fehes. ; .»,-.. • ■ 
 
 The grants which had been made by that 
 afTembly for feveral years before, for the 
 fupport of government, were difcontinued 
 in the year 1710; and upon the reprefen- 
 tation of the then governor of that Province, 
 of the alTembly's rcfufal to^ renew the 
 grant, the Whig Minifters immediately re- 
 folved to bring in a bill into parliament, 
 for impofing all the taxes which had been 
 
 difcon- 
 
 W\ 
 
m 
 
 • t 185 1 
 
 difcontinued by the aficmbly, and applying 
 the revenue to arife from them in thciamc 
 manner, and for the fame purpofes, as the 
 revenue produced by them, when they were 
 impofed by ad; of aflembly, hud been ap- 
 plied. A bill was prepared accordingly, 
 and laid before Sir Edward Northey, and 
 Sir Robert Raymond, afterwards Lord Ray- 
 mond, for their opinion, and t/je bill re^ 
 ceived their approbation^ as will appear from 
 the following copy of it, underwritten by 
 
 thofe two great lawyers. 
 
 ' . ' > 
 
 Copy of a Bill, i?2tiiiiled. An AB for 
 granting a Revenue to Her Majejly, to arife 
 within the Province of New Tork, in A- 
 merica,for the fupport cj that Government, 
 
 Moft gracious Sovereign, . , ' 
 
 WH E R E A S, by an adl made and 
 palTed in the felTion of general af- 
 fembly of your Majefly's Province of New 
 York, in America, begun the four and 
 twentieth day of Odlober, one thoufand 
 fix hundred, ninety and two, intituled. 
 An Adt for eflablifhing a Revenue upon 
 their Majefties, and for defraying the 
 
 O "pub- 
 
 <( 
 
 €X 
 

 f:: 
 
 i ' •I 
 
 III I 
 
 P r 
 
 u|r 
 
 r.^. 
 
 11!- 
 
 III 
 
 [ i86 ] 
 
 ** publick and neceflary charges of the 
 «* Government," the feveral Rates, Duties, 
 Excifes and Impofitions, upon Merchan- 
 dizes, Goods, Furs and Liquors, therein 
 mentioned, and hereinafter particularly ex- 
 prefled, were granted to their faid Majef- 
 ties, from and after the eighteenth day of 
 May, One thoufand, fix hundred, ninety 
 and three, for and during the lerm of two 
 years, from thence next, and immediately 
 cnfuing, for the fupport of that Govern- 
 ment, as therein-mentioned. Which faid 
 feveral Rates, Duties, Excifes and Impofi- 
 tions, wert-, by feveral other fubfequent 
 adls of General A fl'embly, continued, until 
 the eighteenth day of May, One thoufand, 
 feven hundred and nine, in the manner 
 therein-mentioned : And whereas the Ge- 
 neral Aflembly of the faid Province, upon 
 frequent applications to them for that pur- 
 pofe made, h^ve lately refufedjo conti?iue 
 the faid Rates, Duties, Excifes and Impofi^ 
 tions, for any lo?:ger or further time, or to 
 grant am other fuhfidies for r aifmg a revenue, 
 fufficient for the necelJary expences of the faid 
 Goverjiment, notwitbftanding four compa- 
 nies of foldiers, and fome Ihips of war, 
 
 have,^ 
 
[187] 
 
 have, during the prefent war, been main- 
 tained at the charge of the crown, for the 
 defence and Jecurity of that Province, and the 
 trade thereof-. We your Majefty's mod du- 
 tiful and loyal fubjed:s, the Commons of 
 Great Britain in parliament affembled, well 
 knowing, that the fecurity, peace and prof- 
 perity, of the faid Province, and the ter- 
 ritories depending thereon (being a fron- 
 tier to the French fettlements on the faid 
 Continent,) do intirely depend on a fufli- 
 cient fupport of that Government, and be- 
 ing defirous, that a reienue to arife and be 
 paid in the faid Province, be fettled on your 
 Majefty, fufficient to defray the necelTary 
 expences of the fame, and equal to what 
 has at any time, heretofore, been enjoyed, 
 for that purpofe, by your Majefly, or any 
 of your royal predeceflbrs, have therefore 
 freely and unanimouily refolved to give, and 
 grant unto your Majefly, your heirs and 
 fucccflbrs, for the purpofes aforefaid, the 
 Rates, Duties, Excifes, Inipofiiions, and Sums 
 of Money, herein after-mentioned, and do 
 moft humbly befeech your Majefty, that 
 it may be enaded, and be it enac^ted by 
 the Queen's moft excellent Majefty, by and 
 
 O 2 with 
 
 ill 
 
 "'ill 
 

 'U i 
 
 (, 
 
 ; ! , 
 
 . [ i88 ] 
 with the advice and confcnt of the Lords 
 fpiritual and temporal, and Commons in 
 this prefent parliament afTembled, and by 
 the authority of the fame, that from and 
 after the publication of this AO:, in her 
 Majefly's faid Province of New York, in 
 the ufual manner. 
 
 There fliall be raifed, levied, collefted 
 and paid, unto her Majefty, her heirs and 
 fucceflbrs, in the current money of that 
 Province, for the purpofes aforefaid, the 
 Rotes, Duties, Excifes, Impofitions, and 
 Sums of Money herein after- mentioned, in 
 manner and form following, that is to fay. 
 
 The bill then proceeds to enadt a duty of 
 four- pence />5"r gallon on rum, brandy, and 
 all diftilled liquors imported, to be paid by 
 the importer; a duty of forty (hillings fer 
 butt or pipe, on all fweet wines ; forty fliil- 
 lings fcr hogfliead, on all red wines, &c. 
 
 All goods and merchandizes imported, 
 (except fuch as are herein after-mentioned) 
 to pay forty fliillings for every hundred 
 pound value of the prime coft. 
 
 AH 
 
A: 
 
 t '89 ] , . 
 
 * All goods, wares and merchandize, com- 
 monly called Indian goods, imported, to 
 pay five pounds for every hundred pounds 
 value of the prime coft, over and above the 
 forty (hillings per hundred pounds value. 
 
 The fiid goods and merchandizes to be 
 computed at the feveral rates and values 
 enumerated in the bill. 
 
 II 
 
 '■'-h 
 
 A further duty of fix pounds for every 
 hundred pounds value of the prime coft 
 upon other goods, commonly called Indian 
 goods. 
 
 A duty of fix {hillings laid on every bar- 
 rel of gun powder, every hundred pounds 
 weight of lead, every gun, and four-pence 
 for every gallon of rum, carried up Hud- 
 fon's river. 
 
 
 / A duty of fix fhillings on every barrel of 
 becrt cyder, ^c. Jold by retaiL "' . 
 
 5 :*i '* ' 
 
 ' The owners of all furs, and peltry ex- 
 ported, to pay the enumerated duties there- 
 on laid. 
 
 O 3 That 
 

 II i, 
 
 
 [ lOO ) 
 
 That the feveral Rates, Duties, &c. here- 
 by granted, be levied and pnid in fuch 
 manner, as is diredcd by the adt of Affem- 
 bly, pall in 1692. 
 
 That nothing herein contained do ex- 
 tend to charge the particular goods herein 
 fpecified, or any other whatlbever, of the 
 growth of Her Majefty's plantations in A- 
 merica, imported into the faid Province. 
 
 " We approve of this draught, ' \ 
 
 Ed. Northey. 
 . , Ro. Raymond. 
 
 Mar. 13, 1710-11. 
 
 The fatal change of the miniftry which 
 foon after took place, and the expedition 
 which was then fitting out againfl: Cana- 
 da, for the furtherance of which, the Co- 
 lonies promifed great matters, though> as 
 Swift fays, in a paper writ in 171 2, it 
 ** failed partly by the accidents of a florm, 
 *' and partly by the Jiubbormiefs and treache^ 
 *' ry of fomc in that Colony, Jor ivbo/e reh'ef, 
 *' and at 1^'hufe entreaty, it was in fome mea- 
 " fure defigned ;" yet, on thefe accounts, the 
 
 Bill 
 
[ '9- ] . 
 
 Bill was delayed for that year. But the af- 
 fcmbly of that Colony were informed in 
 the next, that if they did not renew their 
 former grants, the Bill would be carried 
 into parliament the following feffion. To 
 prevent which, the aflcmbly, on the ift of 
 July, iyi2* P^^<^ti an ** ad: for a fupply to 
 ** be granted to her Majcdy, for fupport- 
 *' ing that government for one year j" and 
 on the 6th of July, in the following year,, 
 continued the faid act for one year more. 
 In this year they alfo granted the fum of 
 27,680 1. for paying the governor, and other 
 public creditors, the arrears which were 
 then due, from the deficiencies of former 
 grants. The fnortftefs of the term, how- • 
 ever, for which the fupply was granted, 
 gave offence in England ; and the alTem- 
 bly was agai.i threatened with palTing the 
 Bill above recited in parliament, if they 
 did not in the next grant prolong the term 
 to five years. And this threat being thea 
 made by the great and able miniflers, who. 
 conducted the affairs of this country in that 
 difficult but happy crifis, the accefTiun o£ 
 George the Firfl; the aflembly ventured 
 aot to refufe, but on the 5 th of July, 1715,. 
 
 O 4 pafTed 
 
 St. 1 
 
■.' ('I 
 
 t; 
 
 [ 192 ] 
 
 paflcd " an ad for a fupply to be granted 
 •* to his Majcfly, for fupporting his go- 
 ** vcrninent, in the I'rovinceof New York, 
 *• for the term of five sears ^' It was to this 
 tranfadion 1 aUiided, when I i'cleded two 
 of the hite refoluiions of the New York 
 afljmhly, and inlerted them with a view to 
 a further coiifideration of the aflertions 
 they contained ', and the reader will cer- 
 tainly be gentle in his cenfiire of thofe re- 
 folutions, if he imputes them to that af- 
 fcnibly's ignorance of this part of their hif- 
 tory, which is fo dired: a contradiction to 
 their aflcrticn, ** that from the firfl: fettle- 
 ** ment of the Colonies, it has been the fenfe 
 " of the government at home, that fuch grants 
 ** con: d not be cofijiitutionally made by parlia- 
 *' ment" . . 
 
 
 In the late reign, the aflembly of Jamai- 
 ca thought fit to withhold fome ufual grants, 
 for the fupport of the government of that 
 illand i and, upon that occafion, the minif- 
 ters defired the opinion of the then attor- 
 ney and follicitor general. Sir Clement 
 Worge, and the late Lord Hardwicke, whe- 
 ther the King, or his privy-council, had 
 
 . '- ' not 
 
[ tv3 1 
 
 not a right to levy taxes upon the Inhabi- 
 tants of that ifland ? To which thofe two 
 great lawyers replied, ** That if Jamaica 
 
 * was ftill to be confidered as a Conquered 
 
 * JJlavdt the King had fuch a right, but 
 
 * if it was to be confidered in the fame 
 ' light with the other Colonics ^ no tax could 
 
 * be impofcd on the inhabitants, but by 
 
 * the affcmbly of the Ifland, or by a^l of 
 
 * Parliiunentr ■ ^ •" - ' ' • . 
 
 Many other evidences to the famo 
 purpofe might be produced, and perhaps 
 they will, fome time or other, be laid 
 before the public. Thofe whicii i havo 
 communicated, are of fuch high authority, 
 that none of my learned countrymen will 
 defire further proofs of the univerfality, and 
 legal foundation, of the dodrine , *' that 
 " parliament has a right to tax and bind 
 ** the Colonies in all cafes whatlbever." But 
 what will perhaps more furprizc and con- 
 vince the generality of my readers, both 
 in England and in the Colonies, is a proof 
 which I am gc'ng to produce, that the 
 right of parliament to impofe taxes in 
 the Colonies, was not only admitted in 
 the Colonies, but even the exercife of it 
 
 deemed 
 
 {•• 
 
t< 
 
 
 [ 194 1 
 
 deemed neceffary there fo late as the year 
 
 USj 
 
 -t 
 
 When hoftilities were commenced in A- 
 merica, between the French and the Bri- 
 tifli Colonics, a convention or aflembly 
 was propofed, and called by authority from 
 the King, to conlift of committees from 
 the feveral Provinces, in order to fettle one 
 general plan of operations againfl: the com- 
 mon enemy, and to raife a common fund 
 for defraying the expence. 1 have already 
 given fome extracts from the journal of the 
 proceedings of this aflcmbly, which met at 
 Albany in the year 1755. General Shirly, 
 who was then governor of MalTachufet's 
 Bay, a gentleman not only highly agree- 
 able to the people in that Province, but 
 much efteemed in the other Colonies alfo, 
 and whofe knowledge of the ftate of that 
 country was univerfally confided in, pre- 
 fented a plan to thefe committees, among 
 other things, propofmg a proportionate af- 
 feflment on their feveral Colonies ; of which 
 thofe committees highly approved ; but the 
 difficulty was, ** to find a me^thod by which 
 ** fuch of the Colonies, as might be un- 
 
 " willing 
 
[ '9J ] 
 
 " willing to raife their quota, fliould b« 
 " compelled to it." No Colony aflembly 
 would, nor indeed could, intruft its com- 
 mittee, with coercive and obligatory autho- 
 rity, to tax the inhabitants; much lefs 
 could they, or would they, invert the ma- 
 jority of an affembly, compofed of com- 
 mittees from other Colonies, with fuch 
 powers. General Shirly therefore propof- 
 ed, as part of his plan, that application 
 Jhould he made to parliament ^ to impower tbp 
 committees of the feveral Colom'eSy to tax the 
 whole according to their feveral proportions. 
 And to this the Committees alfo agreed, 
 and what will now be thought flill more 
 extraordinary, is, when this whole plan was 
 laid before the affembly of New York, 
 that affembly, on the 27th of March, 1755, 
 refolved, " That the fcheme, propofed by 
 ** governor Shirly, for the defence of the 
 ** BritiQi Colonies in North America, is 
 ** well concerted, and that this Colony- 
 ** joins therein." 
 
 The jealoufy or backwardnefs, however, >: 
 of the other Colonies, prevented this plan 
 fror;j being carried into execution -, and in 
 
 - ■'. ' ■: :.'.': .: ;--.^ f': • : . - ■ • ■ .■-■^•> ■ the 
 
 ;. I.' 
 
ir 
 
 ■ '( 196 ] 
 
 the hext year that able governor faw fuf- 
 ficient reafon to be convinced, that the ge- 
 neral aflembly of committees v^rould not be 
 come into by all the Colonies, and would 
 not anfwer any good purpofe If it was. He 
 therefore altered his plan, and drew up 
 that, of which the following is an extrad. 
 
 f ;,: . i i 
 
 // 
 
 * ' ift, " That the provifion for defraying the 
 cxpence of the troops, &c. fhould be 
 made, by eftabliHiing a general fund in 
 all the Colonies, each Colony to contribute 
 towards it in proportion to its abilities." 
 
 :-• fid, " That the feveral affemblies within the 
 Colonies will not agree among themfehes up^ 
 on Juch a fund** 
 
 3dly, " That confequently it muft be done 
 in England, and that the only efFedtual way 
 of doing it there, will be by an a5i of par ^ 
 liamenty in which I have great reafon to think 
 the people will readily acquiefce, and that the 
 fuccefs of any other method will be doubt- 
 ful." 
 
 4thly, ** That the proper method of doing 
 it by parliament, will be to afTefs each Co- 
 lony in a fum certain, proportioned to its 
 abilities," 5thly» 
 
[ 197 ] 
 
 . 5'^V» ** That the moft equal and proper 
 rule of computing the refpcdlive abilities of 
 the feveral Colonies, is the number of the 
 rateable white male polls, and black male 
 and female polls, within each government; 
 and that the mixing any other rule with . 
 that, will greatly perplex the execution of 
 the icheme," -v^ '• r , > 
 
 6thly, ** That however, for the general 
 fatibfa(5tion of the people in each Colony, , 
 it would /^e adinjcable to ka've it to their 
 chiice, to raife the fum (^ffcjcd upon them >» 
 according to their own difcretion, whether 
 that is done by a Jicimp duty, cxciic upoa 
 rum, or any other tax they fliall judge 
 moft for their own eafe ; and on failure of 
 their laifing the fum in any other wsy, that' 
 then the fum alTefied (hall be apportioned 
 according to the number of the black and 
 white polls each taxable perfon is pofleffed , 
 of, and colled:ed by proper officers, who 
 fhall have power given tliem to do it by- 
 warrants of diftrefs upon their feveral- 
 eftates, or imprifonm.ent of their perfons for 
 want of eftate to be come at." 
 . Thus does it appear, that too much ho- 
 
 ncur 
 
 ::'> 
 
 
 u 
 
if 
 
 ■ r 198 ] 
 
 nour has been done to Mr. Grenville, in 
 imputing to him the origin of an opinion, 
 that parliament had a right to impofe taxes 
 in the Colonies, or that a general fund for 
 defraying the charge of milhury fervices 
 there fhould be railed by a(5t of parliament, 
 in default of the Colonies raifing it by their 
 own aflemblies. The one opinion is as an- 
 tient as the Colonics, and the other was 
 (he refult of the joint deliberations of the 
 committees from alaioft all the Colonies. 
 This might be made flill more evident, 
 
 * were the prefent a proper time to go more 
 into particulars, or to publifli American 
 correfpondence. But it is plain, that the 
 tranfadtion refpedting New- York, which 
 has been fo fully ftated, afforded the prece- 
 dent, by which his meafure of the (lamp 
 
 , adt was chiefly directed. 
 
 In the year 1764, the Colonies were 
 made acquainted through their agents, 
 . that a revenue would be required from 
 them, towards defraying the charge of 
 the troops kept up among them, and 
 to give this intimation the more effica- 
 cy, a refolution was propounded to, and 
 adopted by the houfe of commons, that for 
 
 the 
 
 !•;< 
 
 !■ 
 
f 199 ] , 
 
 the purpofe of railing fuch a general revenue, 
 
 a (lamp duty ?mght be necejjary^ 
 
 The Colonies by this, faw that govern- 
 ment w2iS in earneft, and they could not 
 doubt of the intimation given them from 
 the king's minirters ; that if they did not 
 make grants in their own aflemblies, par* 
 liament would do it for them. Mr. Gren- 
 ville, indeed, went fo far as to defire i\\t 
 agents to acquaint the Colonies, that if they 
 could not agree among themfelves, upon 
 raifing a revenue by their own aflemblies, 
 yet if they all or any of them difliked itamp 
 duties, and would propofe any other fort of 
 tax which would carry the appearance of 
 equal efficacy, he would adopt it. But he 
 warmly recommended to them the making 
 grants by their own aflemblies, as the mofl: 
 expedient method for themfelves on feveral 
 accounts. The ifl^ue of this bufinefs is well 
 known. The Colonies univerfally refufed 
 to raife a fund among themfelves, for thofe 
 who fcemed inclined to do Jo, made no offer 
 of any fpecific fum, nor made any grant in 
 their aflTemblies, nor laid any tax for the 
 purpofe. They did not imitate the more 
 
 prudent 
 
 I'' 
 I- 
 
 m 
 
 ! I; 
 
 H 
 
[ 200 ] 
 
 prudent condu(5t of the New- York afletn- 
 bly, in the year 1715, and parliament there- 
 fore did in 1765, what parliament would 
 have done in that year, if the like refufal 
 had been made. 
 
 
 /I) 
 
 I fhall here ftop my refearches into the po- 
 litical hiftory of the Colonics, and of the 
 condudt which has been held by parliament 
 and miniftry towards them. And let me 
 now afk the advocates for their indepen^ 
 dency, upon which period of this hiftory 
 it is, that they would fix, as the epocha of 
 the Colonies emancipation from the fove- 
 reign authority of the fupreme legiflature 
 of the realm, or where will they carry us 
 for thofe pretended rights and privileges 
 which exempt them from its jurifdidi^n ? 
 We have fought for them in the flatute 
 books, but we found them not -, we have 
 looked for them in the conduft of a long 
 fcries of miniflers -, and in the opinions of 
 the truly learned and great lawyers, that 
 were of council to our kings, in the pad 
 ages, and lo, they are not there. Where 
 then (hall we hope to meet with them ? In 
 
 extra- 
 
m 
 
 [ 201 ] 
 
 extravagant declamations and unfounded ar- 
 guments. In the weak artifices of party* 
 and in thv fludied mifreprefentations of 
 defigning and interefted men. ' 
 
 And, " are tbcfe thy gods, O IfraelV 
 Was it by fuch miferable fophiftry, and 
 unintelligible jargon, that you my fcllow- 
 fubjeds in the Colonies, have been de- 
 luded into the abfurd and vain attempt 
 of exchanging the mild and equal govern-* 
 ment of the laws of England, for preroga-» 
 tive mandates i of feeking to inlarge your 
 liberties, by disfranchifing yourfelvcs of the 
 rights of Britifh fubje(5ts. Where would 
 your madnefs carry you ? or at what point 
 will your frenzy fuffer you to ftop ? Will 
 you renounce your claim to the title and 
 privileges of Englilhmen, and cut your- 
 felves off from the protedion and benefits 
 peculiar to the fubjcdts of the Britifh ftate ? 
 Will you relinquifh the fifliery, and reftore 
 it to the inhabitants of the deferted weftern 
 coafts of England ? Will you expofe your 
 trading fliips to the depredations of the 
 Barbary Corfairs, or fubjedt your produ(5ts 
 to the heavy and prohibitory impofitions of 
 rapacious minidcrs in foreign countries ? 
 
 P Will 
 
 
 I: 
 
 '■|.l' 
 
k\ 
 
 [ 2bt ] 
 
 Will you exclude your fliips from Britlfh 
 ports, and throw away the lucrative employ-* 
 ment of tranfporting Britifh mcrchandife, to 
 the revival ot' the expiring Englifh trade 
 of fhip-huilding ? Will you fubjed your- 
 felves to the alie '^ duties on all your pro- 
 dudls imported iito Great Britain, and de- 
 prive yourfelves of the moft advantageous 
 market in Europe for the fale of your com- 
 modities, and from which you draw fo large 
 a balance, with which to improve your 
 lands, build your houfes, and purchafe 
 flaves ? * Will you debar yourfeives of that 
 unbounded credit, which the generous fpe- 
 rited merchants of England have given you> 
 even to the amount of double your whole 
 capital, and by the ufc of v/hich you have 
 arrived at your prefent opulent condition, 
 infomuch, that inftead of your arrogant 
 
 * It is one of the Impudent artifices of the Colony advo- 
 cates, to endeavour to perfuade the people of England, 
 that /Z'O' get all the people in the Colonies can fcrape to- 
 gether by their labour and traffic with all the world, and 
 that it all goes in payment of the balance due from the Co- 
 lonies to Great Britain. Whereas the truth is, that Great 
 Britain imports to a much greater amount from the Colo- 
 nies, than (he exports to them, and the balance in favour 
 of the Colonies, in their trade with her, is that on which 
 moft of them live and raife their fortunes. 
 
 The exports to the Colonies in 176^, and 1766, and im- 
 ports from them in thofe years Itaud thus : 
 in 1765 Imports 3,549,070 Ex. 3,334,980 Bal. 214,090 
 . 1766 3»987»67S 3>32<^.954- 666,721 
 
 Balance in favour of the Colonies in thofe two years 89o.8 1 1 
 
 i tV ■•. boaft. 
 
I 203 ] 
 
 boaft, that London has riil-n out of the Co* 
 lonies, it may truly be faid, that the Colo- 
 nies have fprung from the Royal Exchange 
 of London r If you be content to carry your 
 paracidial defigns at the hazard of thefe 
 confequences to yourfehes, be at lead: fo 
 candid and grateful to your mother country, 
 as to declare yourfelves in plain terms in- 
 dependent of her, that ber friends may in 
 time provide for her fafety, and make ufe 
 of the prcfent interval of war, to cicatrife 
 her amputated body. Or if you do not 
 mean to pufli matters to this extremity, if 
 regard for your own interefl: ihall make you 
 ftill feek a union with her ; be fo fair as to 
 fay upon what terms you mean to live with 
 her ? Do you mean to fliare in all the bcne- 
 ifts of her people, and to bear none of their 
 burdens ? Is (lie to pay all and you to enjoy 
 all? Are your lands to be cultivated, be- 
 caufe their produ(fts are untaxed, and her's 
 to lie deferted from the exceflive weight of 
 taxes upon every fpecies cf vegitation ? Are 
 your manufactures to rival her's in every 
 market, from your manufadurers being ex- 
 empt from taxes, whilll: Britifh manufac- 
 turers pay taxes upon every thing they con- 
 fume ? Is Britain to impovcridi her people, 
 by fubfifting a vaft military force at her file 
 cxpenccy to guard the feas for your (hips to 
 pafs thereon in (dhiy ? Is flie to take every 
 meafure to compel her people to defert her, 
 and feek an aflylum from taxes in your hup- 
 
 P 2 pier 
 
 .51 
 
 m 
 
 ,*•■ I 
 
,':' I 
 
 : )i 
 
 H 
 
 [ 204 ] 
 
 picr climates, and thus raif« your empire 
 on the- ruin of her own ? Surely you will 
 not be fo unicafonahle, to cxpcA thefe 
 things at her hands ? Say then, what is it 
 you propofe ? Which of her laws are to 
 be abrogated, or muft (he cancel them all ? 
 Will you acknowledge the authority of her 
 legiflature in any inliance? Or will you allow 
 her to be your Ibvercign in nothing ? Dd 
 not trifle with her, by ftarting one objec- 
 tion after another, till you prevail on her 
 to whii tic down her authority, fo that it 
 jlrall become neither of u(e to herf(^f or 
 ycu ; but tell her what it is you are willing 
 to fvff'T her to retain^ as well as what it iS; 
 yow (boo fc JJ:e J i.ouU give up? Name but' 
 the thing you will agree to, and you may 
 then hope to find attention to your com- 
 plaints ? But do not flatter yourlelves, that 
 ihc is yet fo defpicablc as to be terrified by 
 your threats, or fo ignorant of your aflfairs, 
 as to imagine you can carry them into exe- 
 cution. There is a fpirit rifing in this 
 country, which will make you to know its 
 flrength and your own weaknefs, that 
 will convince you of its authority and of 
 your dependence. 
 
 1 have honeftly endeavoured to call you 
 back to your duty, by fhewing you the 
 weaknefs of the ground you ftand upon, and 
 the fatal confequences which hang over you. 
 
 If 
 
 ..->,-* 
 
 I :l 
 
 'iii \ 
 
[ 205 ] 
 
 If you do no^ avail yourfelvcs of the in- 
 formation I have given you, perhaps the 
 people of England may be led by it to 
 conceive more juftly of their High's, and 
 of your Intentions, than they have hitherto 
 done ; and may compel you to fubmit, if 
 they unhappily find no argument, but 
 force, can induce you to obey. 5t is time 
 indeed for my countrymen to bcftir them- 
 felves, and to vindicate the honour of 
 the ftate, and the rights of its legiflaturc 
 — for w\\\ not pofterity learn with amaze- 
 ment, that the Commons of Great Bri- 
 tain, in the firft parliament of George the 
 Third, with this cloud of evidence before 
 their eyes, fecmed to doubt of the autho- 
 rity of the legiflature to bind the Colonies, 
 and left it to their fucccflbrs to carry into 
 execution thofe rights of parliament, which 
 they had fcarcclyfufficient courageto^/ff/^rf. 
 They will indeed find two protefts in the 
 Lords Journals, which will ftiew them, that 
 there were then men in parliament who had 
 ability to difcern, and firmnefs to aflert 
 their own, and the people of England's 
 rights, at that difgraceful aera. But the hif- 
 tory of thofe times will inform them, how- 
 ever unwillingly the feelings of the hifto- 
 rian may fuffer him to record the difhonour 
 of his country, that thofe great flatefmen 
 were not then the fervants of the crown, 
 and that thofe to whom the King had in- 
 truded his minillry, were dircded, in their 
 ■ • < meafurcs. 
 
 
 I 
 
 
 li 
 
r 
 
 r.^'!i 
 
 ft ( 
 
 ♦, ' 
 
 f- 206 ] 
 
 mcarufcs, by the very men who Iiad fo- 
 mented and countenanced, by their public 
 and private writings and difcourl'cs, rcfif- 
 tancc in the Colonics to adts of parliapicnc. 
 They will \:t told, perhaps, how truly po- 
 ftcrity inud: judge, that the majority of that 
 Houlc of Commons were the followers of 
 every miniftcr, and the tools of every fac- 
 tion, that could poflcfs themfelves of the 
 power to difpenfc places and penfions among 
 their dependants ; that they were reproach- 
 ed with their fcrvility, even by thole whom 
 they moll meanly flattered. They will hear, 
 that the lawful authority of the fovcrcign, 
 had been debafcd and infultcd by the fworn 
 fervants of the crown, whofe immediate 
 duty it was to fupport it. If they can give 
 credit to fuch reprefcntaticns, they will 
 ceafe to be ailonirticd at the repeal of a law 
 by the lame parliament, which enadtcd it 
 for no better a reafon, than that the Colo- 
 nies declared they would not obey it. But 
 they will gladly turn from thefc gloomy rc- 
 fledtions, and place theii hopes in the vvif- 
 dom and vigor of the new Houfe of Com- 
 mons, which they will be told, was freely 
 chofen by the people in 1768. They will 
 flatter themfelves, that that Houfe of Com- 
 mons eagerly feizcd the firil fit occadon for 
 vindicating its honour, and reftoring the 
 
 liament to its former 
 
 ^g 
 
 ity or p 
 
 luflre. They will hope to find thofe who 
 had been milled by the artful mifrepre- 
 ,... > . fentations 
 
l 207] 
 
 (entaticns of the Colony advocates, making 
 haftc to repair to their country the cruel in- 
 juries they had done her. They will expc6fe 
 to (ce a well confidered plan propolcd, for 
 healing the unhappy breach between Great 
 Britain and her Colonies, and that fuch tem- 
 perate and cffcdlual meafurca were adopt- 
 ed, and fo firmly purAicd, that before the 
 revolt became general, and difcrimination 
 impoflible, the niafs of the people were re- 
 trained from rebellion, by the wifdoni and 
 fpirit of their councils. They will perfuade 
 tnemfclvcs, tliat the people ot England, and 
 the trading part cfpecially, ivlxft' property 
 (i7id commercial interijh Jo much dcpefid upon 
 the poiuer of pcirliamcjit to bifid the Colonies^ 
 fct afide every fmallcr coiifideratlon, and pri- 
 vate concern, and united as one man in 
 fupport of their common rights, and in the 
 furtherance of mcafurcs for bringing back 
 the Colonies to their duty. 
 
 The journals of parliament in the prefent 
 feflion will fliew how well founded were 
 their hopes. 
 
 APPENDIX. 
 
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 ExtraSts from the Journals of the 
 House ^Commons. 
 
 ■I 
 
 : 12 James the Firjiy Anno 1614. ' > 
 Jovis 12 May. ..- 
 
 THE company for Virginia prefer 
 a petition, which read, and Mon- 
 day Nine of the Clock appoint- 
 ed for tlie counfel for the company of 
 Virginia in this hoiife. ^ 
 
 17 May. Mr. Martin, of counfel with 
 the company, cometh in before the lords. 
 Mr. Martin's fpeech.— Queen Elizabeth, 
 cf ever-growing memory, x compared by 
 the king to Auguflus, that fhe, lady of 
 the feas, whole fleets flopping. — The 
 red crofs in one of her (hips; the dif- 
 
 a covery. 
 
 m 
 
 
 t 
 
 I 
 
 Si 
 
 m 
 
r 
 
 APPENDIX. 
 
 
 I .i. 
 
 M 
 
 covcry, by her fubjeds, of all the fea»' 
 about the world. Amadis, and after 
 Whyte, employed by Sir W. Raleigh 
 in thofe difcoveries — He termed a fub- 
 jedt of envy in his greatnefs, now a mir- 
 ror of the vanity of all earthly things. 
 
 The plantation begun 1606 — Reli- 
 gion — Captain Newport, Sir Thomaa 
 Gates — Virginia a bridle for the Neapoli- 
 tan courfer, if our youth of England able 
 to fit him ; for which they will give 
 them golden fpurs. 
 
 L. Delawar — That now a fettled plan- 
 tation — All things neceffary for food — 
 That this conquefl juft — The Spaniards 
 courfe in the Indies — Don John D'Aqui- 
 la in Ireland — Our ufage of the Indies 
 fo merciful and refpedtive, that this coun- 
 try never yet felt the yoke of the plow— ^ 
 Objcd:ion, That if this undertaken by 
 this houfe and king, this might prove to 
 
 a war. Anfwer, That this no juft 
 
 caufe of offence — 'The name given Uy 
 the queen. — The Spaniards defend the 
 Weft Indies, the Portugueic the Eaft, 
 
 the French the river of , the Hol- 
 
 ' .• " landerf 
 
n 
 
 m 
 
 APPENDIX. 
 
 landers the forts in the Moluccos 
 
 That the Spaniard, by our forces, drawn 
 
 to that extremity, that they would 
 
 That this city hath not three armorers — 
 This time of relief for the king — That 
 they require is but a few honejl labourers 
 bur thened with children — Moveth a com- 
 mittee may confider of the means for this 
 for feven years, at which fomc of their 
 Company may be prefent — Columbus 
 his offer to Henry VII. negledled be- 
 caufe no prefent profit— ^That this 
 country giveth hope of all thofe commo- 
 dities which a fbuthern country can pro- 
 mife. 
 
 Sir Roger Owen moveth. That the 
 tfeafurer of Virginia, and thofe that be 
 of that company, fhall withdraw them- 
 felves till the matter be debated — Mr, 
 Brooke contra. For if a bill here that 
 concerneth Yorke, he not to be Wi h- 
 drawn, for that it concerneth the common- 
 
 *wealth. Sir Edward Montagu, That 
 
 the fpeech of Mr. Martin the moft un* 
 fitting that ever was fpoken in this houfe. 
 Sir Edward Hobby thinketh it fit he 
 
 a 2 fhould 
 
 
 ^/|i|l 
 
 m 
 
 
i ::!' 
 
 H I" 
 
 if, APPENDIX. 
 
 rtiould be called to the bar for his. 
 fpeech, wherein he hath taxed the laft 
 parliament. Several other members to 
 the fame purpofe. Sir Edward Hobby^ 
 That the treaty of the king's r<r//f/' may 
 precede t/iat of Virginia — Sir George 
 Moore, That an extraordinary favour to 
 admit counfel here upon a petition — 
 That the ipecch flrange, &c. 
 
 Ordered, He fliall come to the bar 
 to-morrow, flanding— Mr. Speaker to 
 charge him ; he to make his fubmiffion. 
 
 Journal, 6 "February y i8 James, 
 
 1620. 
 
 . Sir Samuel Sands flieweth the caufe 
 of Sir Edward Sands's abfence — His bu- 
 finefs about the Virginia bufinefs. A 
 patent now drawing aibout it — Defireth 
 to excufe him till that bufinefs over. 
 
 Sir Edward Gyles — Virginia not to 
 keep him from England — The Serjeant to 
 be fent for all members now in town, as 
 well lawyers as others r 
 
 P 
 
 Jo- ItNAL 
 
 If' 'I, 
 
APPENDIX. 
 
 ,^ 
 
 •'. V 
 
 Journal, 19 James, 1621. 
 
 '■ ly April. Sir Edward Sands deliver- 
 ed from the fub-committee to the grand- 
 committee, five heads of the decay of 
 trade — 3dly, The importation of Spa- 
 nifh tobacco, for which 60,000/. paid 
 yearly, and 60,000 /. lofs in commodity. 
 So as lofs of importing 1 20,000 /. per 
 u^/?;?. of bullion; and refolved 100,000/. 
 yearly at lead — ^^The remedy — To fup- 
 ply tobacco out of Virginia and the Sum- 
 mer Iflands, and to prohibit all other 
 tobacco : that refolved, this prohibition 
 might be without breach of treaty — 
 That as great difficulty at firft to plant 
 tobacco whence now cometh, as in Vir^ 
 ginia. 
 
 1 8 April. Sir William Stroude. To 
 banifh tobacco generally, and to allow 
 Virginia a certain time for it. 
 
 Mr. Cary — To baniih tobacco gene- 
 rally, and help Virginia by fome other 
 means. 
 
 Mr. Sollicitor— loveth England bet- 
 ter than Virginia— A great hurt.^o all 
 
 a 3 th^ 
 
 A ] 
 
 '1 
 
 I ! 
 ,» 
 
vi 
 
 APPENDIX. 
 
 
 <: J 
 
 t/ie Jlati of our kingdom. To contribute 
 rather to Virginia otherwife. 
 
 Sir Edward Sackvile — Not to banifli 
 all till order for fupply of Virginia, elfc 
 all the people there undone. 
 
 Mr. Ferror — Fit to banifh all, yet 
 now 4000 Englijh there who have no 
 means as yet to live on. 
 
 Sir Harry Poole-— Againft all in ge- 
 neral. To pull it up by the roots. To 
 help Virginia otherwife. 
 
 Sir Jofeph Jephfon accordant — The 
 Virginia company never heard — Wine 
 and drink hurt many, yet to banifh it 
 will kill here. 
 
 Mr. Smyth— Hath his intereft in Vir- 
 ginia and Summer Iflands — The com- 
 pany reflraineth it by all means it can. 
 To give it fome time, clfe we overthrow 
 the plantation — Summer Iflands and Vir- 
 ginia holden of Eaji Greenwich, 
 
 23 April 1624. A petition read from 
 two captains. Planters in Virginia, 
 Raphe Hamor, William Tucker. 
 
 Sir Edward Peyton — That he report- 
 ed this bufmefg to the graqd committee ; 
 
 :; •- ' but 
 
APPENDIX. 
 
 VII 
 
 but Sir Edward Coke, in his report, for- 
 got it. 
 
 Sir Edward Sands— The pretence of 
 this patent (for tobacco) the ftop of the 
 great abufe of tobacco — That the pa- 
 tentees promifed the king to do nothing 
 to the prejudice of the plantation of Vir- 
 ginia — yet now labour utterly to over- 
 throw //—That the tobacco of Virginia 
 now ahnoft as good as Spanifh, and, 
 within a year, will be as good — The 
 proclamation for the forfeiture Jirange, 
 being without warning, and forfeited at 
 fhefrjl Jliipping in Virginia, 
 
 * Journal, 25 April, 1621. 
 
 ** An a<5t for the free liberty of fifliing, 
 ** and fifliing voyages, to be made and 
 ** performed on the fea coafls and places 
 " of Newfoundland, Virginia, andNew- 
 ** England and other coafls and parts of 
 " America." ' v 
 
 Sir Edward Sands —That fomc have 
 gotten from the king, a grant of the 
 land in Virginia — Two colonies firfl 
 in Virginia : Northern and South- 
 ward. The lafl hath proceeded with 
 a 4 100,000/. 
 
 ill 
 
 
VUl 
 
 APPENDIX. 
 
 i 
 
 If ' 
 
 iii 
 
 ico,ooo/. charge, the Northern not. 
 
 Nowdefired to proceed — Which called notv 
 New England. That this fifliini'; twice a 
 
 year far better than that of Nc a fjUnd- 
 
 land— That the Northern colony h;\ve 
 
 got a fole fifliing there &c. the company 
 
 of Virginia. The king acquainted with 
 
 it, Hayed the delivery of the patent. 
 
 That the colony of Virginia (;. e. the 
 
 Southern) defireth no approbation of this 
 
 filhing to them. This will bring in 
 
 1 00,000 /. per arm. hither in coin. The 
 
 Englifh, as yet, little frequent this, m. 
 
 refpedt of this prohibition, but the 
 
 Dutch and French, moveth therefore, 
 
 a free liberty for all the king s fuhjeBs for 
 
 fjliing there — That the takingof timber and 
 
 wood no prejudice to the colony The 
 
 Northern colony of Virginia, viz. New 
 England now prohibit eth timber and wood 
 where nothing worth, and takeaway the 
 fait the merchants leave there. 
 
 - Mr. Secretary — Doubteth the fub- 
 committec hath not heard the other part 
 — Doubteth the fifhermen the hinderers 
 of the plantation— That thty burn great 
 
 '/■ . - ■ ' pre 
 
''sv'i 
 
 APPENDIX. ir 
 
 Jiore of ivoodt and choak the havens-^ 
 Never loill Jirain the king's prerogative 
 againjl the good of the commonwealth — 
 Not fit to make any laws here for thofe coun- 
 tries which not as yet annexed to the 
 crown. 
 
 Mr. Neale — 300 (hips atleaftgone to 
 Newfoundland this year out of thefe 
 parts — That this complained of hereto- 
 fore to the lords of the council — London 
 cngroffcth all trades zxi^ places — That the 
 patentees for this Northern plantation, 
 intended the public good — Intend their 
 private, which hurt to the common- 
 wealth. 
 
 2d. Edward VI. Free liberty for all 
 the fubjefts to go to Newfoundland for 
 iifh. Now make men compound for 
 places — Take away their fait — The ad- 
 miral taxed an hogfhead of train oil upon 
 every mafter of fliip that appeared not 
 at his court — That the lords of the 
 council gave an order againft this, 
 which thefe planters have difobeyed — • 
 Exa(fled great fums and (hot off ordnance 
 againft the kings fubjedts —That London 
 
 merchants. 
 
 t. 
 
 if I ;, 
 
 n! 
 
 I) 
 
M 
 
 APPENDIX. 
 
 h^ ! 
 
 ii, Iv 
 
 hi 
 
 
 merchants, by rejlrainmg trade and itn~ 
 fofing upon trade, undo all trade. 
 
 Mr. Guy. — If this hotife have jurif- 
 
 . diBion to meddle with this bill, would con- 
 
 yfent to the proceeding thereof. — That there 
 
 are divers patents — He engaged for the 
 
 plantation of Newfoundland — That the 
 
 liing hath already done by his great feal as 
 
 . fftuch as can be done here by this aB. r 
 
 Mr. Brooke. That we may 
 
 MAKE LAWS HERE FOR VIRGINIA, for 
 
 '. if the king give confcnt to this bill pajj'ed 
 here and by the lords, this will con- 
 
 . TRouL THE PATENT. The cafe divers 
 for Gafcoigne &c. which principalities 
 ofthemfelves — To commit. 
 Sir Edward Sands — That Virginia holden 
 of the manor of Eaji Greenwich, '» 
 
 Committed to Sir Edward Sands, &c. 
 
 * "'^ ' . Journal, 24 May 1624, "*' 
 
 Mr. Earl reported the bill of fifliing 
 upon the coaft of America. 
 
 Mr. Guy.— That this bill pretendeth, 
 
 but in truth taketh away, freedom of 
 
 fifhing from thofe which planted in the 
 
 - ■' Newfoundland 
 
APPENDIX. 
 
 XI 
 
 Newfoundland. Moveth, T/io/e which 
 planted there may have one plaee-^M this 
 be denied, will overthrow the planta- 
 tion. J 
 . Mr. Neale — Contra. .... 
 ' Mr. Secretary.— 77/^/ this bill not 
 proper for this houfe, becaufe concerneth 
 America. 
 
 Mr. Delbridge.— ATo^ to have the 
 plantation there hinder the free trade of 
 filling from this kingdom. 
 
 Sir Edward Sands. — That fome late 
 grants bymifinformation gotten, whereby 
 our nation hindered from that freedom 
 of fifhing which other nations enjoy. 
 
 Sir Edward Gyles. — Againft the re- 
 committing this bill, compareth it with 
 
 the beft bijl of this houfe. En- 
 
 groffetur, -; 
 
 
 Journal, i "December^ 1624. 
 
 Read the third time. ** An adt for 
 f^ the freer liberty of fifhing and fifhing 
 '* voyages to be made and performed in 
 f the fea coajls and places of Ncwfound- 
 " land, Virginia, New-England and 
 . \ '* other 
 
Xil 
 
 APPENDIX, 
 
 (; I 
 
 
 
 rr 
 
 «' i?///tT the fea coajis and parts of Ame» 
 -' rica." 
 
 Mr. Guy. — That this bill taketh away 
 trade of fifliing from thofc which arc 
 inhabitants of Newfoundland . — Tendcr- 
 cth a provifo. Mr. Neale^— Again ft 
 this provifo — That the choice of the 
 firft place in every harbour which dcfircd 
 by it rcftraincth all liberty of free fiihing 
 — 13 Eliz. aftatute to encourage them. 
 Another 23 Eliz. Another i Jaincs for 
 fifhermen here — T'hat they may take the 
 firjl place now if they can get it -y but the 
 thing defired is a choice place in every 
 harbour, and not only for thcmfelvc* 
 but for their company. 
 
 Mr. Secretary, contra. — That plan- 
 tations fit to be cherifhed, which over- 
 thrown by this bill without the provifo 
 — That this bill giveth priority of the 
 ftage to thofe that come, and may put 
 out thofe which plaia and inhabit there 
 — Doubtcth without this provifo the bill 
 will never pafs the royal aflent. 
 
 Dr. Gooch.— Againft the bill — bc- 
 caufe that, againft the plantation. 
 
 Sir 
 
 -\ V 
 
 
APPENDIX, 
 
 xui 
 
 Sir Edward Gyles. — To confidcr nvhe- 
 titer thejiflmg or plantation mojl beneficial 
 to the conimon'wealth. 
 
 Mr. Shenvell againft the provlfo. So 
 Mr. Glanville— T/;^ trade of Jijhing to be 
 regarded before the plantation -, we in pof- 
 feflion of the fi(hing — 120,000/. per 
 ann, brought in by the fifhing, nothing 
 but vidtual carried out — That the prece- 
 dence here required may make a mono- 
 poly, /cr they may take info many into their 
 company, and fo by this provifo fhall have 
 the priority of places, that the rcfl; will 
 be in effcd debarred. 
 
 Upon queftion the provifo rejedled— 
 The bill upon queftion pafled. 
 
 Journal, ly March, 1624. ^ 
 
 Sir Edward Coke reported from the 
 committee for grievances — Have con- 
 demned one, viz. Sir F. Gorge his patent 
 for a plantation in New England — Their 
 counfel heard the exceptions being firft 
 delivered them — Refolved by confent — 
 The charter dated 3 Nov. 1 8th James 
 1620 — That the claufe in the patent, 
 , * that 
 
 
wmm: 
 
 ■»v* 
 
 XIV 
 
 A P fi F N D I X. 
 
 1] 'i 
 
 I' a< 
 
 ft " 
 i I: 
 
 I: 
 
 ^1 Hh 
 
 I 
 
 HE' 
 
 t/iaf no fuhje£i of England JJiall vi/it the 
 coaji upon pain of forfeiture of /hip and 
 goods— 'The patentees have yielded Ung- 
 lifh fifhermen (hall vifit, and will not 
 interrupt any iiflierman to fiOi there. 
 For he no new difcovirer ; fifhermen of 
 this and other nations having fifhed the-c 
 before his patent. Drying of nets, fak- 
 ing of their fifli, &c, incident to their 
 fifhing. Whereunto he alfo agreed — 
 After he was gone — After debate over- 
 ruled, the fijhermen might take timber for 
 repair of their Jliips : firft, ^z//<^, incident 
 — 2dly, Taken fo before his patent — 
 3dly, Fifhermen never take any timber 
 with them— -4thly, Bring in great Jiore 
 
 of momy for their fijli Refolved, 
 
 Englifh fifhermen Jhall have fifhing, 
 with all incidents of drying fifh, nets, 
 timber, &c. — Secondly, That the claiife 
 of forfeiture bc'ing only by patent, and not 
 by a£l of parliament y void. > . 
 
 Refolved upon queflion, That the houfe 
 thinketh ft the fifhermen of England 
 Ihali hav« fifhing iheret with all the in- 
 cidents 
 
 I It 
 
 
APPENDIX. 
 
 XV 
 
 cidents neceflary of drying nets, and 
 falting and packing. 
 
 Upon the fecond queftion— In the 
 opinion of this houfe, una voce^ the 
 claufe of coniifcation vo:J, and agalnji 
 law. . . . < : . . . , ■* '" 
 
 Upon the third queftion — tn the opi- 
 nion of this houfe, the fifhermen of Eng- 
 land may take neceflary wood and timber 
 for iheir fhips and boats ufe of filliing 
 there. - , . 
 
 Journal, 26 April 1624. 
 
 A Petition for Virginia read. ^. 
 
 •^ : Sir Robert Phillipes— To refpite the 
 debate of this petition at this time— ^ 
 Movetli Thurfday next *o hear them, ' 
 Sir R. Phillipes, &c. and all that will 
 come, to have voices ; only thofe of the 
 company to be prefent to inform, but 
 to have no voice — Wednefday next in 
 the afternoon, at Two o'clock, in the 
 Star-Chamber. Counfel on both fides^ 
 if defired. ' ' ^ 
 
 • 3d May, 1624. The debate concern- 
 ing the fiihing in New England renewed. 
 
 Sir 
 
 "^i 
 
 V;tei 
 
 '- w 
 
 A 
 
 m 
 
XVI 
 
 APPENDIX. 
 
 I ' 
 
 § 
 
 W V 
 
 It 
 
 I'! ,1 
 
 W 11 
 
 ■w 
 
 Sir William Earl — for the planters, 
 who more beneficial to the commonwealth 
 than the fifhers A provifo in parch- 
 ment tendered to this bill, which read. 
 
 Sir Edward Coke— Sir F. Gorge his 
 patent condemned, for the claufe that 
 none fliould vifit with fifliing upon the 
 fea-coaft. This to make a monopoly 
 upon the fea, which wont to be free — 
 A monopoly attempted of the wind and 
 the fun, by the fole packing and drying 
 of filh. 
 
 Mr.. Secretary— That free fiihing 
 prayed by this bill overthroweth all 
 plantations in thefe countries. That li- 
 berty by this bill to cut down itjod within 
 one quarter of a mile of a divelling-houfe -, 
 which exceeding prejudicial to the plant- 
 ,^rs — So for Newfoundland. 
 
 Mr Glanville — The firfl ftage worth 
 ten of the reft— The provilion for tim- 
 ber in Newfoundland omitted, becaufe 
 that an ifland having no rivers — But 
 New-England hath divers rivers into it. 
 . . Both provifos upon queftion rejedted. 
 
 The 
 
 I ^' I'.J, 
 
 11: 
 
 \% 
 
APPENDIX. 
 
 xvu 
 
 ...The bill upon quedion paiTed. 
 
 26 April, 1624. Mr. Jerar delivered 
 m a petition fronri the trcaiurer, council, 
 and company of Virginia — read-— com- 
 mitted. — • '/^^V ^-' 
 
 29 April, 1624. Mr. Speaker 
 
 This morning he received a letter from 
 his Majelly concerning a petition exhi- 
 bited to this houfe about the Virgina bu- 
 iinels read. ;, , ';>o :. rf,';^; 
 
 . -a 
 
 Journal, F/r/^ S(^2on of Charles the 
 , .Firjl; 14 February, 1625., 
 
 " An Adt for maintenance of and in- 
 '* creafe of Ihipping and navigation, and 
 *■' for the freer liberty of iifliing and fifh- 
 *' ing voyages to be made and performed 
 '* in and upon the fea coails and places 
 *' of Newfoundland, Virginia, New Eng- 
 ** land, and other the fea coafts and 
 ** parts of America"— read the firiltime. 
 
 28 February, 1625. Read the fecond 
 lime and committed. , 
 
 4 M'.rch, 1625. Reported and order- 
 
 ed to be ingroffed. 
 
 '7 /I 
 — r 
 
 ?vlay. 
 
 pr ••T 
 
 •I i; 
 
 n 
 
xviii APPENDIX. 
 
 ^^ f 
 
 mi 
 
 24 May, 1625. Mr. Whitby report- 
 ed the grievances. — 3dly. That the fub- 
 jcdt may have liberty of free fifliing in 
 the parts of America, with the incidents 
 of timber, &c. which being reftrain- 
 ed in the king's anfwer, to defire it 
 may be enlarged, and the rellraint to be 
 prefented as a grievance. ■ ' " 
 
 I. April, 1628. "An Adl for the 
 *' mail- ance and increafe of fhipping 
 ** and navigation, &c." Read the fe- 
 cond time and committed. - 
 
 23 April, Mr. Glanville reporteth the 
 bill concerning freedom of fifliing in the 
 parts of America, without any amend- 
 ments. 
 
 Upon queftion to be re-committed, 
 and lord Baltimore to be heard by his 
 council. 
 
 16 May, The faid bill read the third 
 time, and pafled — and fent up to the 
 lords with feven others, the 26th May. 
 
 4 June, 1628. A petition from the 
 Planters in the Summer Iflands — referred 
 to a committee. 
 
 Cap. 
 
APPENDIX. 
 
 Cap. 28. 
 
 3^ IX 
 
 I 
 
 Trade with the Barbada's, Virgi- 
 nia, Bermuda's and Antego, 
 prohibited, 
 
 WHEREAS in Virginia, and in 
 the iflands of Barbada's, Antego, 
 St. Chriflopher's, Mevias, Mountfirat, 
 Bermuda's, and divers other iflands and 
 places in America, there hath been and 
 are colonies and plantations, which were 
 planted at the coft, and fettled by the 
 people, and by authority of this nation, 
 which are and ought to be fubordinate 
 to, and dependant upon, England -, and 
 hath ever lince the planting thereof 
 been, and ought to be, fubjed: to fuch 
 laws, orders, and regulations, as are 
 or fhall be made by the parliament of 
 England. And whereas divers a<Sls 
 of rebellion have been committed by 
 many perfons inhabiting in Barba-- 
 da's, Antego, Bermuda's, and Virginia, 
 whereby they have moft traiteroufly, by 
 
 b 2 force 
 
 1 
 
 I 
 
 iji 
 
:,x^ 
 
 A P P E N D I X. 
 
 
 1- 
 
 force and fubtilly, ufurpLil a power of' 
 government, and fcizcd the eflatcs of 
 many vvell-arfcdted perfons into their 
 hands, and baniflied others, and have 
 
 opy 
 
 »ofi 
 
 tion to, and 
 comnion- 
 
 fet up themfelves in 
 diftant from, this Hate an 
 wealth; many of the chief adtors in, end 
 promoters of, thefe rebelUons, having 
 been tranfported and carried over to the 
 faid plantations in foreign fliips, without 
 leave, licence or confent of the parlia- 
 ment of England; the par)" iicnt of 
 England taking the premifcs ito con- 
 fideration,and finding thcm.felves obliged 
 to ufe all fpeedy, lawful andjufl means 
 for the fupprefTion of the faid rebellion 
 in the plantations,'and reduciirg the fame 
 to fidelity and due obedience, fo as all 
 peaceable and well-affecfled people, who 
 have been robbed, fpoiied, imprifoned 
 cr baniflied through the faid treafonable 
 practices, may be reflorcd to the freedom, 
 of their perfons, and poilefTion of their 
 own lands snd goods, and due punilh- 
 ment inihded upon the delinquents, do 
 
 acclarc 
 
APPENDIX, 
 
 
 declare all and every the faid perfuns in 
 i3arbada's, Antcgo, Bermuda's and Vir- 
 ginia, that have contrived, abetted, aid- 
 ed oraflifled thofc horrid rebeUions, or 
 have lince wiUingly joined witli them, 
 to be notorious robbers and traitors, and 
 fuch as by the law of nations are not to 
 be permitted any manner of commerce 
 or traffic with any people whatfbcver 3 
 and do forbid to all manner of perfons, 
 foreigners and others, all manner of 
 commerce, traffic and confederacy what- 
 focver, to be ufed or held with the faid 
 rebels of Barbada's, Antego, Bermuda's 
 and Virginia, or either of them. 
 
 And be it enaded in this prefent par- 
 liament, and by the authority of the 
 fame, That after due publication of this 
 a6l made, to the end that none may 
 juilly pretend ignorance, it ffiall and 
 may be lawful for any of the fleet or 
 (hips fent forth or employed by the par- 
 liament, or any private men of v/ar or 
 ffiips, to be allowed or approved in that 
 behalf by the immediate power of par- 
 
 b 3 liamentj 
 
 11 
 
 m 
 
 m 
 
 
x::'i APPENDIX. 
 
 n 
 
 n 
 
 II 
 
 i''' (3a 
 
 
 liament, or the council of flate ella- 
 blithed by parliament, to feize, furprize 
 and take all and all manner of Ihips, 
 velTels and goods, of what nature or kind 
 foevcr, belonging to all perfons whatever, 
 whether foreigners or others, or of what 
 nation foever, that fliall be found or met 
 withal trading or going to trade, or com- 
 ing from trading with the faid rebels, 
 or in or at the faid ifland of Barbada's, 
 Bermuda's, Virginia or Antego afore- 
 faid, or any part or parts thereof, or 
 that fhall hold any correfpondency with 
 the faid rebels, or yield them any affifl- 
 ance or relief for the fupporting the faid 
 rebellion : and the fime fhips and goods 
 fo furprized, to fend in to be proceeded 
 againft in the court of admiralty by 
 virtue of this adt; and the judges of that 
 court finding the fame to be within the 
 the tenor and true meaning of this aft, 
 , to adjudge the fame to be well taken, 
 and to be good and lawiul prize. 
 
 And for the better information of the 
 faid court, and to the end the proceed- 
 ings therein may be adted and done ac- 
 cording 
 
APPENDIX. xxiii 
 
 cording to the rules of law and juflice, 
 and that nothing irregular may therein, 
 or by the takers, be adled or committed, 
 be it. further enadled. That none of the 
 goods nor tackle, apparel or furniture of 
 the faid fhips fo to be furprized by vir- 
 tue of this adt, (hall be embezzeled or 
 purloined, b'^t fliall be preferved fafe and 
 intire till judgment be firft given in the 
 faid court of admiralty, or other order or 
 decree there made thereupon : and that 
 all the commiflions, confignmcnts, bills 
 of lading, cocquets, letters, and all other 
 inftruments and writings whatfoever, 
 that (hall be found on board the faid 
 (hips and ve(rels, (hall be duly fent up to 
 the faid court of admiralty : and that 
 alfo two or three of the officers or prin- 
 cipal perfons of, or found in, every fuch 
 (hip or velTel, fhall be duly fent up to 
 the faid court of admiralty : and that alfo 
 two or three of the officers or principal 
 perfons of, or found in, every fuch (hip 
 or vefTel, (liall either be brought up to 
 
 b 4 ■ be 
 
 |i 
 
xxiv A P P E N D I X. 
 
 i 
 
 V 
 
 
 I ■ 
 
 be examined upon oath In the faid court, 
 as wjjlt ouching the flud writings found 
 in the laid fhip, and the proprietors, 
 owners and inallers of the fame iliips, 
 and tlie ^eoods therein, and the phices 
 from whence they come, and to 
 whom configned, and whether bound, 
 and fuch other qucftions and interroga- 
 tories as in each particular cafe Ihall be 
 found meet ; or otherwifc, if they can- 
 not with conveniency be fcnt up, that 
 then they be fo examined duly up- 
 on onth, before the chief officer of fome 
 port in England, or the next jufticc 
 of the peace, concerning the pren^ifes 
 before recited j and their examinations, 
 toG:ether with ail the writing's found on 
 board the fuid fliips or veffels, to be 
 duly tranfmittcd to the faid court j 
 and the judges of the faid court there- 
 upon, and upon fuch other proofs and 
 evidences a^ fliall be duly made, or ex- 
 hibited before ihem, Ihall proceed to 
 judgment, and give definitive fentence 
 
APPENDIX. 
 
 XXV 
 
 by virtue of this aif^, according a? the 
 nature ol the fadt Hiall be proved before 
 them, and according to the rules and 
 grounds of juftice : And if judgment 
 fhall be given for the fame to be lawful 
 prize, then it fliall be difpofed in fuch 
 fort and manner as in this prefent 3.S: 
 afterwards limited and appointed. 
 
 And to prevent for the time to come, 
 and to hinder the carrying over of any 
 fuch perfons as are enemies to this com- 
 monwealth, or that may prove [danger- 
 ous to any of the Englifh Plantations in 
 America, the parliament doth forbid and 
 prohih.lt all (hips of any foreign nation 
 whatfoever, to come to, or trade in, or 
 traffic with, any of the Englifli Planta- 
 tions in America, or any illands, ports, 
 or places thereof, which are planted by, 
 and in pofleflion of, the people of this 
 commonwealth, without licence fir(l 
 had and obtained from the parliament or 
 council of ftate. 
 
 And be it further eneded, ordained, 
 iind declared, by the authority aforefiid, 
 
 That 
 
 "I 
 
 I 
 
 K 
 
 k 
 
xxvi APPENDIX, 
 
 
 •I ) 
 
 I 4 
 
 That from and after tlie twentieth day 
 of November, one thoufand fix hun- 
 dred and fifty, it Hiall and may be law- 
 ful for any fliip or Ihips fet forth by the 
 parliament, or allowed of by the par- 
 liament or council of (late, to feize, 
 take and furprizc any fliip or fliips of 
 any foreign nation whatfocver, that (hall 
 be oulw..rd-bound to any of the (aid 
 plantations, ports or places, without fuch 
 licence as aforefiid ; a'.id from and after 
 the firfi: of January, one thoufand fix 
 Iiund''ed and fifty, it (liall and may be 
 lawful for fuch lliips fct forth and allow- 
 ed as aforefaid, to feize, take and fur- 
 prize any foreign (hips th;.t (hall be 
 found trading at any of the plantations, 
 idands and places aforefaid, with fuch 
 licence as aforefaid -, and from and after 
 the twentieth day of March, one thou- 
 fand fix hundred and fifty, it (liall and 
 may be lawful for any of the parliament's 
 fitrps, or private men of war allowed of 
 by the parliament or council of (late for 
 the time being, to feize, tiikc and fur- 
 prize 
 
 "f ' '■ 
 
APPENDIX, xxvli 
 
 prize any fliip or fliips that arc coming 
 from, or have trailed at any of the plan- 
 tations as atoreraid, without llich licence 
 as aforefaid : And all fuch ihips fo taken, 
 with all goods, tackle, apparel and fur- 
 niture, to fend into fome port of this 
 commonwealth, to be proceeded againrt: 
 in the court of admiralty, as in this ad: 
 is ordered, limited and appointed, in cafe 
 of trading to Barbada's, Antcgo, Ber- 
 muda's and Virginia, or any of them. 
 All fuch prizes fo to be taken and ad- 
 judged by virtue of this d:, fliall be 
 difpofed of as followeth ; that is to fay, 
 of what (hall be taken of the fliips fet 
 forth by the parliament, two thirds 
 thereof to the ufeof the commonwealth, 
 for the fervice of the navy, as the par- 
 liament fhall dire<fl ; and one other third 
 part to be to the commanders, officers 
 and company of thofe Ihips by whom 
 the fame fhall be taken refpcdively, 
 according to the nfual rules of divifion 
 amongft them : And for what fhall be 
 taken by private men of war allowed as 
 
 aforefaid 
 
 ii, • 
 
 $ 
 
xxvili A P P E N D r X. 
 
 
 Til • -J ■ 
 
 or 
 
 aforefaid, to be to th'^ ufe oi' the owners 
 fettcrs-forth of the laid fliips, as thcv 
 rmlolves (]u\ll agree j one tenth pr^rt o^ 
 e whole, heretofore allowable to the 
 
 }ord admiral, helnT; firft taken out, to 
 
 'C3 
 
 be difpofed by the council of flate, for 
 fach uko as the parlinncnt ihall dircci: 
 and appoint. ^ *■-.•, ^ . ,.-: 
 
 Provided alvv^ays, That if any prize on 
 prizes fo taken, or any part thereof, lliaU 
 apper.r, and be proved in tJ'i€ faid conrc 
 of admiralty, to be any (hip or goods 
 belonging, to any of t^^e wellTafledwp.d 
 and good people of this conimonweaith,. 
 remaininp: and continuing under i\m 
 obedience and protecflion of the pafli<i-i 
 mcnt, and before taken and furprized 
 from them by any enemy or rebel,^ 
 or difaffeded pcrfon, and afterwards: 
 again furprii^ed and retaken by any 
 of the fleets or fh^ns employed in- 
 ui2 fcrvice of the parliament, or any 
 ^rlvut^ man of war, allowed as afore- 
 laid, that then fach frJps and 'goods, 
 and every fuch part ^md parts belonging 
 
 to 
 
 •^~-y: 
 
 T :t 
 
APPENDIX, yvi,: 
 
 to the fald good people aforclaid, fliali 
 be adjudged to be ref;.ored, and /hall be, 
 by decree of the Hud court of admiralty 
 according reftored to fuch fornn.er own'^r 
 or owners, paying for, and in lieu cf fal- 
 vag€, only one eighth part of the true 
 value thereof J unlefs fuch fldps fo re- 
 taken fhall appear to have been after 
 their taking by the enemy, or rebels, or 
 difa.r7c(5led, furniilied and fet forth by 
 them as men of war on their behalf: In 
 which cafe the true and firf!: owners to 
 whom the fame CnaW be reflored, iliali 
 be adjudged to pay, and Ihall pay for 
 falvage, the full moiety of the true value 
 of the faid fliips fo retaken and reftored^ 
 Provided neverthelcfs, and it is fur- 
 ther enacted, That the council of flate, 
 for the time being, have hereby power 
 to grant licence and leave to any of the 
 Ihips of this nation to go to, and trade 
 tOy Barbada's, Antego, Bermuda's, Vir-« 
 ginia, or any of them, without prejudice 
 or damage, any thing in this ad to ths 
 co.itrary notwithflanding. • . 
 
 And 
 
 m 
 
 1 1 Mi 
 
 M 
 
XXX 
 
 APPENDIX. 
 
 i'^i 
 
 mil- 
 
 And it is further enabled by the au- 
 thority aforefaid. That the faid council 
 of flate have hereby power and autho- 
 rity to fend fliips to any of the planta- 
 tions aforefaid, and to grant commiflion 
 or commiflions to fuch perfon or per- 
 fons as they fhall think fit, with power 
 to enforce all fuch to obedience, as do or 
 fliall ftand in oppofition to the parlia- 
 ment or their authority ; and to grant 
 pardons, and to fettle governors in all or 
 any of the faid iflands, plantations and 
 places, and to do all juft things, and ufe 
 all lawful means, to fettle and prefervc 
 them in peace and fafety, until the par- 
 liament Ihall take further or other order 
 therein, any letters patents, or other 
 authority formerly granted or given, to 
 the contrary notwithftanding. 
 ■ And to the end that due intimation 
 and publication of this aft be made 
 and public notice thereof be taken, fo 
 that none may juflly plead excufe 
 through ignorance of the fame, be it 
 ordered and enaded, That this prefent 
 
 adt 
 
APPENDIX. 
 
 XXXI 
 
 ad fhall be publiHied by the feijcant 
 at arms attending the parliament, three 
 feveral days upon the Exchange, Lon- 
 don, at the time of the concourfe of 
 merchants thither. 
 
 Pafled 3 Odlober, 1650. 
 
 Kefoliitions of the House o/'Burgesses 
 in Virginia, 29 Mayy 1765. 
 
 Rcfolved, 
 
 THAT the firft adventurers and 
 fettlers of this his majefly's colony 
 and dominion of Virginia, brought with 
 them and tranfmitted to their j oflerity, 
 and all other his majefl^ " fubjcdis fmcc 
 inhabiting in this his ..iaitfty's faid 
 colony, all the liberties, privilege , fran- 
 chifes and immunities, that have at any 
 time been held and enjoyed, and pof- 
 fefled by the people of Great-Britain. 
 
 Refolved, That by two royal charters 
 granted \>y king James the Firft, the 
 
 colonies 
 
WIU 
 
 Xxxli APPENDIX. 
 
 colonies aforcfaid are dclared entitled to 
 all liberties, privileges and immunities, 
 of denizens and natural-born fubjedls to 
 all intents and purpofes, as if they had 
 been * abiding and born ii:ithin the realm 
 cr)' E?igland. 
 
 Refihedj That the taxation of the 
 
 people by themfelves, or by perfons 
 
 chofen by themfelves to reprefcnt them, 
 
 who can only know v/hat taxes - the 
 
 people are able to bear, or the enfiell 
 
 method of riifing them, and mufl them- 
 
 fv'lves he alTe'5ted by every tax laid on 
 
 the people, is the only fecurity againd a 
 
 burthenfome t:ixAtion, and the -f- dijiin- 
 
 gnijhing charaBeriJiic of Britifli freedom, 
 
 v/ithout which the ancient conftitution 
 
 cannot exill. 
 
 Rejohed, That his majefty's liege 
 people of this his moil: ancient and loyal 
 
 colony, 
 
 * Qj^jcrc, If they h:iJ been abiding and hrn rv:th~ 
 in {he realm of England^ would iht-y not have been 
 bounvl by acts of parliament ? 
 
 f It" thclc be the dijlinguijhing chara^erl/lUi of 
 Britiih freedom, they are not then it fcems the co?n~ 
 man rights of jnankind^ as the Pcnfylvaiiia aflcmbiy 
 kirerti:" 
 
 .^- 
 
APPENDIX, icxxlii 
 
 colony, have without interrupt wn\ en- 
 joyed the ineilimable right of being go- 
 verned hy fuch laws refpecfling their in- 
 ternal polity and taxation, as are derived 
 from their ov^ai confent, with the ap- 
 probation of their fovereign or his fub- 
 flitutes, and that the fame hath been 
 conflantly recognized by the king and 
 people of Great-Britain. 
 
 Rejolutions of the Assembly o/' Penn- 
 sylvania, 21 September, 1765. 
 
 'T^ H E houfe taking into confidera- 
 
 tion, that an adl of parliament has 
 
 lately pafTcd in England, for impoling 
 
 certain ftamo- duties and other duties on 
 
 J. 
 
 X No a6l of parliament it fhould then fcem has 
 ever been of force in Virginia, which rcfpecSted the 
 iiitcrnal polity of the people. The a6l of king 
 William which alters the fucceffion to the crown. 
 That which abrogates refolutions^ a£ls or proceed- 
 ings of the colony aflemblies, if repugnant to a6l« 
 of parliament, and the adt of George the Second, 
 which makes the lands in America aflets, hav« 
 therefore never been carried into execution in Vir* 
 ginia, i f we take the aircmbly^ word for it . 
 
 c hi« 
 
xxxiv 
 
 APPENDIX. 
 
 j'j 
 
 ill 
 
 his majcfty's fubjc^s in America, where- 
 by they conceive fome of their mofl ef 
 fential and valuable rights, asBritijfli fub- 
 jedts, to be deeply affedled, think it a 
 duty they owe to themfelves and their 
 poflerity, to come to the following re- 
 folutions. 
 
 Refohed, Nem. Con. That the aflembly 
 of this province have from time to time, 
 nvhencoer requifitions have been made 
 by his majefty, for carrying on military 
 operations for the defence of America, 
 moji chearfully and liberally -j- contributed 
 their fi 11 proportion of men and money 
 for thofe fervices. 
 
 Refohedy That whenever his majefty 's 
 fervice fhall for the future require the 
 aids of the inhabitants of this province, 
 and they fhall be called upon for that 
 purpofe in a conftitutional way, it will 
 be their indifpenfible duty moft chear- 
 fully and liberally to grant to his majefty 
 
 ** f Though Pennfylvania is, without contradic- 
 •* tion, the richeft and the moft concerned in this 
 ** expedition, yet it hzs fupplied nothing hitherto ." 
 
 Gen. Braddock's Letter to Sir Thomas Robinfon, 
 i8 Mar. 1755. 
 
 their 
 
nm 
 
 ' APPENDIX. XXXV 
 
 their proportion of men and money, for 
 the defence, fecurity, and other public 
 fervices of the Britifli American colonies. 
 
 Refohed, That the inhabitants of this 
 province, are intitled to all the liberties, 
 rights and privileges of his majc fly's 
 fubjedls in Great-Britain or elfewhere, 
 and that the conflitution of government 
 in this province is founded on the na- 
 tural rights of mankind, and the noble 
 principles of Englifh liberty, and there- 
 fore is or ought to be perfe(!^ly free. 
 
 Refohedy That it is the intereft, birth- 
 right, and indubitable privilege of every 
 Bririfh fubjed:, to be taxed only by his 
 own confent, or that of his legal repre- 
 fentatives, in conjundlion with his ma- 
 jefly or his fubllitutes. 
 
 Refohed, That the only legal repre- 
 fcntatives of the inhabitants of this pro- 
 vince, are the perfons they annually 
 elect to ferve as members of afTembly. 
 
 Refohed therefore, That the taxation 
 of the people of this province by any 
 other perfons whatfoever, than fuch 
 their reorefentatives in aflemblv, is un- 
 
 • • c 2 conlli- 
 
xxxvi A P P E >; D I X. 
 
 ,r 
 
 
 conftitutional, and fubverfive - of their 
 moft valuable rights. 
 
 Refohedf That the laying taxes upon 
 the inhabitants of this province in any 
 other manner, being manifeftly fubver- 
 five of public liberty, muft of neccflary 
 confequence be utterly deflrudlive of 
 public happinefs. 
 
 Refohedy That the refting an autho- 
 rity in the courts of admiralty, to de- 
 cide in fuits relating to the ftamp-duties 
 and other matters foreign to their pro- 
 per jurifdidlion, is highly dangerous to 
 the liberties of his majefty's American 
 fubjeds, contrary to Magna Charta, the 
 great charter and fountain of Englifh 
 liberty, and deftrudlive of one of their 
 moft darling and acknowledged rights, 
 that of trial by juries. 
 
 Refohed, That it is the opinion of 
 this houfe, that the reftraints impofed 
 by feveral late adts of parliament on the 
 trade of this province, at a time when 
 the people labour under an enormous 
 debt, muft of neceffity be attended with 
 the moft fatal confequences, not only to 
 
 this 
 
APPENDIX. 
 
 xxxvu 
 
 this province, but to the trade of our 
 mother-country. 
 
 Refohed, That this houfe think it 
 their duty, thus firmly to afTert, with 
 modefly and decency, their inherent 
 rights, that their poflerity may learn 
 and know, that it is not with their con- 
 fent and acquiefcence, that any taxes 
 JhouJd be levied on them by any per/on but 
 their own reprefentatives, and are defirous 
 that thefe their refolves fhould remain 
 on their minutes, as a teflimony of the 
 zeal and ardent defires of the prefent 
 houfe of aflembly, to preferve their in- 
 eftimable rights, which as Englidimen 
 they have pofTeiled ever Jince this pro- 
 vince was fettledy^ and to tranfmit them 
 to their latefl pofterity. 
 
 * What a flrange miftakc have the parliament 
 and people of England been under for a century 
 pa-ft ? They always imagined, that the adls of parlia- 
 ment impofmg taxes on certain commodities carried 
 into, and out of the colonies, had extended to Penn- 
 fylvania; whereas from this laft refolution it ap- 
 pears, That no taxes have ever been levyed there^ ever 
 fmce the 'province was Jettled., by any perfon but their 
 twn reprefentativesf 
 
 c 3 Extract 
 
 t!j 
 
xxxvlii APPENDIX. 
 
 
 '•;^. 
 
 
 ExtraB from the printed Joukkal of t/ie 
 Hojfeof Repnfentdttvcs of the Mas s a- 
 •CHUSETs Bay. Oclcbcrzc), 1765. 
 
 TH E houfc, agreeable to the order 
 of the day, (there being a full 
 houfc) entered into the confideration of 
 fundry refolves, which were particularly 
 coniidered, and pafled, as follows, viz. 
 
 Wheras the jufl: rights of his Ma- 
 jefly's fubjedts of this province, derived 
 to them from the Briti(h conftitution, 
 as well as the royal charter, have been 
 lately drawn into queftion. In order to 
 afcertain the fame, this houfe do unani- 
 mouily come into the following re- 
 folves. . * . *( 
 
 I. R'fhedy That there are certain 
 cflential rights of the Britifh conflitution 
 of government, which are founded in 
 the law of God and Nature, and are the 
 common rights of mankind ; there- 
 fore. 
 
 II. Rcfohed, That the inhabitants of 
 this province aiC unali^nably entitled to 
 thofe effential rights in common with all 
 
 men ; 
 
APPENDIX, xxxix 
 
 men : and that no law of focicty can, 
 eonfiftent with the law of God and Na- 
 ture, divcft them of thofc rights. 
 
 III. Refolvedy That no man can juftly 
 take he property of another without his 
 confent : and that upon this original 
 principle the right of reprefentation in 
 the fame body, which exercifes the 
 power of making laws for levying taxes, 
 which is one of the main pillars of the 
 Britifli conftitution, is evidently found- 
 ed. ■ • /.• -^f T •. . 
 
 IV. "Refolvedy That this inherent right, 
 together with all other tsflential rights, 
 'ibcrties, privileges, and immunities of 
 the people of Great-Britain, have been 
 fully confirmed to them by Magna Char- 
 tat and by former and later acts of par- 
 liament. . 
 
 V. Refolved, That his r'iajefly's fub- 
 iedls in America are, in reafon and com- 
 mon fenfe, intitled to the fame extent 
 of liberty, with his majefty's fubjec^s 
 in Britain. 
 
 VI. Refoked, 
 
xl 
 
 A P P E N D I X. 
 
 r !i< 
 
 Is 
 
 W 
 
 Hfe 
 
 ■ VI. Rrfohedy That by the declaration 
 of tlie royal charter of this province, the 
 inhabitants are entitled to all the rights, 
 liberties and immunities of free and na- 
 tural fuhjedts of Great-Britain, to all 
 intents, purpofcsand ccnflrudions what- 
 ever. • J ■ . ' "Ti MM i^-^ 
 
 VII. Refohcd, That the inhabitants 
 of this province appear to be entitled to 
 all the rights aforementioned, by an a(fl 
 of parliament, 13th of Geo. II. 
 
 VIII. Rcfohcd, That thofc rights do 
 belong to the inhabitants of this pro- 
 vince, upon principles of common juf- 
 tice i their anceftors having fettled this 
 country at their fole expence ; and their 
 pofterity having conftantly approved 
 themfelves mofl loyal and faithful fub- 
 jectb cf Great-Britain. 
 
 IX. Refohedy That every individual in 
 the colonics is as advantageous to Great- 
 Britain, as if he were in Great-Britain, 
 and held to pay his full proportion of 
 taxes there ; and as the inhabitants of 
 this province pay their full proportion 
 
 V 
 
APPENDIX. 
 
 xli 
 
 of taxes, for the fupport of his Majefty's 
 government here, it is unreafonahle for 
 them to be call;* 1 upon to pay any part 
 of the charges of thegovcrnmciit there. 
 
 X. Refolvcd, Th;u. the inhabitants of 
 ihis province are not, and never have 
 been, reprefented in the parliament of 
 Great-Britain : and that fiich a reprefcn- 
 tation there, as the fubjedls in Britain 
 do actually and rightfully enjoy, is im- 
 prafticable for the fubjedls in America : 
 — and further, that, in the opinion of 
 this houfe, thefevcral fubordinate powers 
 of legiflation in America, were con- 
 flituted upon the apprehenfions oi this 
 impradlicability. 
 
 XI. Refolved, That the only method, 
 whereby the conftitutional rights of the 
 fubjecls of this province can be fecure, 
 confident with a fubordination to the 
 fupreme power of Great-Britain, is by 
 the continued exercife of fuch powers of 
 government as are granted in the royal 
 charter, and firm adherence to the pri- 
 vileges of the fame. • 
 
 yAl.Refohed, 
 
ilii APPENDIX. 
 
 m 
 
 
 Mr 
 
 
 XII. Refohedj as a juft conclufion from 
 fbme of the foregoing refolveb. That all 
 a<£ts made by any power whatever, other 
 than the general afTcmbly of this pro- 
 vince, impofing taxes on the inhabitants, 
 are infringements of our inherent and 
 unalienable lights, as men and Britifh 
 f«bjed:s, and render void the moft va- 
 luable declarations of our charter. -, 
 
 XIII. Refohed, That the extenfion of 
 the powers of the court of admiralty 
 Vv'ithin this province, is a moft violent 
 infradlion of the right of trials by juries, 
 — A right, which this houfe, upon the 
 principles of their Britifli anceftors, hold 
 moil; dear and facred -, it being the only 
 fecurity of the lives, liberties and pro- 
 perties of his Majefty's fubjefts here. 
 
 XIV. Rejohedy That this houfe owe 
 the flritlefl allegiance to his mod facred 
 Majefty king George the Third : that 
 they have the greatcll; veneration for the 
 parliament i and that they will, after 
 the example of all their predecefTors, 
 from the fettlement of this country, ex- 
 ert 
 
 
APPENDIX. xliii 
 
 crt themfelves to their utmoft, in fup- 
 porting his Majefly's authority in the 
 
 province, in promoting the true ^ 
 
 happinefs of his fubjeds j and in en- 
 larging the extent of his dominion. 
 
 Ordered, That all the foregoing re- 
 folves be kept in the records of this 
 houfe; that a jufl fenfe of liberty, and 
 the firm fentiments of loyalty, may be 
 tranfmitted to pofterity. , , - , r 
 
 ExtraSi from the printed J o u r n A l o/" the 
 Assembly of New-York, i8 De^ 
 cember, ij(>S' ■ ' 
 
 TH E general-aflembly of the colony 
 of New- York, taking into their 
 moft ferious conlideration feveral a6ts of 
 parliament lately paffed, granting ftamp 
 and other duties to his majefty, and re- 
 ftridting the trade of this colony, ap- 
 prehending an abolition of that confti- 
 tution under which they have fo long 
 and happily enjoyed the rights and liber- 
 ties 
 
'W.' >' : 
 
 xiW A P E P N D I X. 
 
 ties of Engliflimen, and being clearly 
 of opinion, that it is the intereft of 
 Great-Britain, a dependence on which 
 they cfteem their felicity, to confirm 
 them in the enjoyment of thofc rights ; 
 think it their indifpenfible duty to make 
 a declaration of their faith and alle- 
 giance to his majefty king George the 
 Third, of their fubmiffion to the fu- 
 preme legiflative power ; and at the fame 
 time to (hew, that the rights claimed by 
 them are in no manner inconfiftent with 
 either : for which piirpofe they are come 
 to the following refolutions, that is to 
 
 Refolved, Nem. Con. That the people 
 of this colony owe the fame faith and 
 allegiance to his majefty king George 
 the Third, that are due to him from his 
 fubjeds in Great-Britain. 
 
 Refohedy Nem. Con. That they owe 
 obedience to all adls of parliament, not 
 inconfiftent with the ellential rights and 
 liberties of Engliftimen^ and are intituled 
 to the fame rights and liberties, which 
 
 his 
 
\ A P P E N D I X. xlv 
 
 his majefty's English fubjedts, both with- 
 in and without the reahn, have ever en- 
 joyed. 
 
 Re/oh edt Nem. Con. That his maje- 
 il:y's lubje(5ts in England are fecured in 
 the fuperior advantages they enjoy, prin- 
 cipally by the privilege of an exemption 
 from taxes not of their own grant, and 
 
 their right to trials by their peers. 
 
 The firft fecures the people colledlively 
 from unreafonable impofitions ; and, 
 without the fecond, individuals are at 
 the arbitrary difpofition of the executive 
 powers. 
 
 Refohedf Nem. Con. That the colo- 
 nifts did not forfeit thefe ellcntial rights 
 by their emigration i becaufe this was 
 by the permiliion and encouragement of 
 the crown; and that they rather merit 
 favour, than a deprivation of thofe rights, 
 by giving an almoil: boundlefs extent to 
 the Britifh empire, expanding its trade, 
 increafing its wealth, and augmenting 
 that power which renders it fo formi- 
 dable to all Europe. 
 
 Rffohcd, 
 
xlvi APPENDIX. 
 
 
 Hii>. 
 
 Refolvedt Nem. Con. That the adls of 
 trade giving the right of jurifdidion to 
 the admiralty courts, in profecutions for 
 penalties and forfeitures, manifeftly in- 
 fringes the right of trials by jury j and 
 that the late adt for granting ilamp- 
 duties, not only expofes the American 
 fubjeds to an intolerable inconvenience 
 and expence, by compelling them to a 
 defence at a great diftancc from home ; 
 but, by impofing a tax, utterly deprives 
 them of the effential right of being the 
 fole difpofers of their own property. 
 
 Refohed, Nem. Con. That all aids to 
 the crown, in Great-Britain, are gifts of 
 the people by their reprefentatives in 
 parliament, as appears from the pre- 
 amble of every money-bill, in which 
 the Commons are faid to give and grant 
 to his majeily. 
 
 Refohedy Nem. Con. That it involves 
 the greateft inconfiftency with the known 
 principles of the Englifh conftitution, to 
 fuppofe, that the honorable houfe of 
 Commons of Great-Britain, can, without 
 ■ ' • '. • diverting 
 
APPENDIX. xlvii 
 
 divefting the inhabitants of this colony 
 of their moft eflential rights, grant to 
 the crown their, or any part of their, 
 cftates for any purpofc whatfoever. 
 
 Refohed, Nem, Con, That from the 
 firft fettlcment of the colonies, it has 
 been the fcnfe of the government at 
 home, that fuch grants could not be 
 conflitutionally made ; and therefore 
 applications for the fupport of governr 
 mcnt, and other publick exigencies, have 
 always been made to the reprefentatives 
 of the people of this colony -, and fre- 
 quently during the late war by imme- 
 diate orders from the crown, upon which 
 they exerted themfelves with fo much 
 liberality, that the parliament thought 
 proper to contribute to their reimburfe- 
 ment. 
 
 Refohedy Nem. Con. That if the people 
 of this colony fliould be deprived of the 
 fole right of taxing themfelves, or pre- 
 senting fuch fums as the publick exi- 
 gencies require, they would be laid un- 
 der the greateil difadvantages, as the 
 
 united 
 
 \v 
 
xlviii APPENDIX. 
 
 1 'U, . 
 
 1 1* m I 
 
 ■;A '. 
 
 united interefl of the ele<5lors, or eledled, 
 which conflitute the fecurity of his ma- 
 jefly's fubjeds in Great-Britain, will 
 operate ftrongly againft them. 
 
 Refohedf Nem. Con. That the im- 
 pradicability of inducing the colonies to 
 grant aids in an equal manner, propor- 
 tioned to their feveral abilities, does by 
 no means induce a neceflity of divefting 
 the colonies of their cjfential rights. 
 
 Refohcd, Nem. Con. That it is the 
 duty of every friend to Great-Britain 
 and this colony, to cultivate a hearty 
 union between them. 
 
 Refohcd, Nem. Con. Tha^ if the ho- 
 norable houfe of Commons infifl on their 
 power of taxing this colony, and by 
 that means deprive its inhabitants of 
 what they have always looked upon as 
 an undoubted right, though this power 
 fhould be exerted in the mildefl man- 
 ner, it will teach them to confider the 
 people of Great-Britain as vefted with 
 abfolute power to difpofe of all their 
 property, and tend to weaken that af- 
 
 fedion. 
 
APPENDIX. xlix 
 
 fedlion for the mother-country, which 
 this colony ever had, and is extremely 
 defirous of retaining. 
 
 Rejohed, Nem, Con, That in order 
 to keep the colonies in due fubje<5lion 
 to, and dependence upon Great-Britain, 
 it is not neceflary to deprive them of the 
 right they have long enjoyed of taxing 
 themfelves ; fmce the fame right has 
 been enjoyed by the clergy within the 
 realm, and by all the fubjed:s of Great- 
 Britain without the realm, until the late 
 innovation. 
 
 Refohed, Nem. Con. That the duties 
 lately impofed by ad: of parliament on 
 the trade of this colony are very griev- 
 ous and burthenfome, and, in the appre- 
 henfion of this houfe, impoflible to be 
 paid ', have already greatly diminiflied 
 the advantageous traffick heretofore car- 
 ried on with the foreign iflands in the 
 Weft-Indies ; and in confequence, muft 
 render us unable to purchafe the manu- 
 fadures of Great-Britain. 
 
 ? 
 
 d 
 
 Refi' 
 
1 
 
 APPENDIX. 
 
 
 
 (i 
 
 Refolutions of the Congress at New 
 York, igthOlilobert 1765. 
 
 THE members of this congrcfs, fin- 
 cerely devoted with the warmed 
 fentiments of aifedtion and duty to his 
 majefty's perfon and government, inviol- 
 ably attached to the prefent happy efla- 
 bhfhment of the proteftant fuccelTion ; 
 and with minds deeply iinprelled by a 
 fenfe of the prefent and impending mis- 
 fortunes of the Britiih colonies on this 
 continent, having confidcred as maturely 
 as time will permit the circumilances cf 
 the laid colonies, efteem it our indifpen- 
 fible duty to make the following decla- 
 rations of our humble opinion rcfpe(fting 
 the mofl efTential righrs and liberties of 
 the colonics, and of the grievances under 
 which they labour, by reafon of feveral 
 ads of parliament. 
 
 Firji. That his majcfly's liege fub- 
 jeds in thefe colonies, owe the fame al- 
 legiance to the crown of Grcat-Biitain, 
 
 that 
 
APPENDIX. 
 
 li 
 
 that Is owing from his fubjedls born 
 within the realm ; and all due fubordi- 
 nation to that augiifl body, the parlia- 
 ment of Great-Britain. 
 
 Secondly. That his majefty's liege fub- 
 jedts in thefe colonics are intitled to all 
 the inherent rights and liberties of his 
 natural-born fubjeds within the king- 
 dom of Great-Britain. 
 
 Thirdly. That it is * infeparably effen- 
 tial to the freedom of a people ^ and the un- 
 doubted right of Englifhmen, that no 
 taxes be impofed on them but with their 
 own confent, given perfonally, or by their 
 reprefentatives. 
 
 Fourthly. That the people of thefe 
 colonies are not, and from their local 
 circuraftances cannot, be reprefented in 
 the houfc of Commons in Great-Britain. 
 Fifthly. That the only reprefenta- 
 tives of the people of thefe colonies are 
 perfons chofen therein by themfelves, 
 
 * It feems there is no free people in the world 
 hut the fubjefts of England, for there is none other 
 who chufc reprefentatives. 
 
 d 2 and 
 
 
 P . 
 
 1 
 
Ill 
 
 APPENDIX. 
 
 
 1.1, , , 
 
 t'^?;: 
 U 
 
 w 
 
 and tha t «o -f- /^ jf^/ ^v^r //^r^ ^f^w or can 
 bey corftitutionally impofed on them, 
 but by their rcfpedtive legiflatures. 
 
 Sixthly, That all fupplies to the crown, 
 being Iree gifts of the people, it is unrea- 
 fonable and inconfiftent with the fpirit 
 and principles of the Britifh conftitution, 
 for the people of Great-Britain to grant 
 to his majefly the property of the colo- 
 nies. 
 
 Seventhly. That trial by jury is the 
 inherent and valuable right of every Bri- 
 tish fubjedt in thefe c jnies. 
 
 Eighthly. That the late adl of parlia- 
 ment, intitled. An A£i for granting and 
 applying certain Jiamp duties and other du- 
 ties in the Britijh colonies and plantations 
 in Americay &c. by impofing taxes on 
 the inhabitants of thefe colonies; and 
 the faid adt, and feveral other adts, by 
 extended the jurifdidion of the courts of 
 
 t Here is no difliinftion of taxes internal or ex- 
 ternal, regulation or revenue; all forts (if indeed 
 there can be more *han one fort) are alike unconfli- 
 tutional, old ones as well as new. 
 
 admiralty 
 
^mm 
 
 APPENDIX. 
 
 liii 
 
 admiralty beyond its antlent limits, have 
 a manifcft tender cy to fubvcrt the rights 
 and liberties of the colonifla. 
 
 Ninthly. That the duties impofed by 
 feveral late adls of parliament, from the 
 peculiar circumftances of thefe colonies, 
 will be extremely burthenfome and 
 grievous j and from the fcarcity of fpe- 
 cie, the payment of them abfolutely im- 
 pradicable. 
 
 Tenthfy. That as the profits of the 
 trade of thefc colonies ultimately center 
 in Great-Britain, to pay for the manu- 
 factures which they are obliged to take 
 from thence, they § eventually contribute 
 very largely to all fupplies granted there 
 to the crown. 
 
 TwelJ'tlily. That the increafe, profpe- 
 perity, and happi nefs of thefc colonies. 
 
 § Their doing fo, Mr Dickenfon fays is a 
 great gritvance, and \Yii:{c eventual taxes are equally 
 taxes with the ftamp atSt, and conlcqucntly they 
 ought all to be remitted, or the colonies left at 
 liberty to purchafc the taxed goods v'H'ewhere. 
 
 depend 
 
Uv 
 
 APPENDIX. 
 
 ,i I 
 
 depend on tlie full and free enjoyment 
 of tlieir rights and liberties; and an in- 
 tercourfc with Great-Britain, mutuallj 
 affedtionate and advantageous. 
 
 Thirteenthly. That it is the right of 
 the BritKh fubje^ts in thefe colonies, to 
 petition the king, or either houfe of 
 parliament. . 
 
 Lajtly. That it is the indifpcnfible 
 duty of thefe colonics to the bell of fovc- 
 reigns, to the mother country, and to 
 themfelves, to endeavour, by a loyal and 
 dutiful addrefs to his majefty, and 
 humble applications to both houfes of 
 parliament, to procure the repeal of the 
 a(5l for granting and applying certain 
 llamp duties, of all claufes oi any other 
 a5ls of parlia/nent whereby the jurifdic- 
 tion of the admiralty is extended as 
 aforcfaid ; and of the ether late aBs for 
 the reilridion of American com?nerce ||. 
 
 11 Here wc fee the purpofe of the colonics fairly 
 fet forth. An exemption from all duties and taxes, 
 cxtcpt fuch as may be impofec' hy their own aiTem- 
 
 blies. 
 
APPENDIX. 
 
 Iv 
 
 blics. Kxcmption from the judicature of the court 
 of admiralty, which Is the only HritiHi court which 
 c.xcrcifcs judicature over the colonics, and removal 
 of the reJtrUlions on American commerce, which m- 
 cludcs the fliipsof war, cuftom-houfc olHccrs, and 
 
 aiih of tr;ide. 
 
 When they fliall have carried thcfc fcvtral points, 
 one after another, they will probably be content, 
 whaUv^T the people of England may be.