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Las diagrammas suivants illustrant la mAthode. ^ errata id to fit ne pelure. pon A n 1 2 3 32X 1 2 3 4 5 6 c E^ The na R( to bo otl ]cl cil Sold THE •^ "t Canadian Freeholder : I N TWO DIALOGUES BETWEEN AN I - I ENGLISHMAN and a FRENCHMAN, Settled in Canada. # Shewing The Sentiments of the Bulk of the Freeholders of Ca- nada concerning the late Quebeck-Ad; with fome Remarks on the Bofton-Charter A 61 ; and an Attempt to (hew the great Expediency of immediately repealing both thofe A6ts of Parliament, and of making fome other ufeful Regulations and Conceffions to his JVIa- jcfty's American Subjects, as a Ground for a Recon- ciliation with the United Colonies in America. - VOL. L LONDON: Sold by B. WHITE, HoraceVHead, Fleet-Street. M.DCC.LXXVII. 1, i K)i'i:j')'i -* r » t ) 1 • » .•oil -, -I ««tw L4 V *( • ,i r •lU^L .;. J. ji i 1^ _ •! • ,-. If" • i.y^ CI. < ..n. 'I' '. V..ii ik« bj' u*M-: i* «^ *- .-•»f*»«».**iw* • «*"X ..L /! 4*M,«*>J«M^ •«U«C» MlitM»l«^''»"'JM' '*^-A«« • ( Ail"t AVU , I Vi i ! •,.:> THE Canadian Freeholder DIALOGUE I *.'- 's. f pr< ric! in PREFACE. TH E following Dialogue is fup- pofed to have pafled in the province of Quebeck in North- Ame- rica, in the month of July, 1775, be^ tvveen a fenfible and fubftantial Cana- dian freeholder, of the Roman-Catho-r lick religion, and an Englifh Protef- tant gentleman, v^ho had long relided in that province, fince it became fub- jed to the crown of Great-Britain, but had been abfent from it for five or fix years preceding the date of this dialogue, which he had fpent in the neighbouring Englifh provinces of North America. It is intended to con- vey to the public a true reprefentation of the fentiments of the French, or Canadian, inhabitants of that pro- 1 • vmce 1^^ I'M i .f IIM PREFACE. vince concerning the late Quebeck- A&y according to the beft accounts the writer of this dialogue has received of them ; and likewife to fugged fome reafons for repealing without delay, together with that obnoxious aft, the late aft of parliament for altering the charter of the Maflachufet's Bay. The three firft fpeeches of the Eng- lifliman, with the Frenchman's an- fwers to them, are the fame in fub- ftance with what the writer is aflured did really pafs in a converfation of this kind in the province of Quebeck between two perfons of the foregoing defcription. The refl: of the dialogue is the invention of the writer, but agreeable to the accounts which he has received concerning the fentiments of the Canadians and other Americans. THE eceived ft fbme delay, ift, the iltering 's Bay. 2 Eng- i's an- il fub- iflured ion of lebeck agoing ilogue •, but ch he ments icans. THE THE Canadian Freeholder : DIALOGUE. ENGLISHMAN. WELL, my friend, I fuppofe that you, and all your countrymen here, are very happy at the great change of the laws and government of this province by the late adt of parliament. FRENCHMAN. Not at all. Sir, I can aflure you. And I vi^onder you fhould think w^e can be pleafed with Ili 1 1 1 I .It F i't [ 6 ] with It. It IS calculated only to gratify the ynidcy ami Tiipj^ly the wants, of fonie of our bc^i^gaily nf !"»lcirc, who are now in hopes to gcii [iLiCCi ol' power and profit in the province, ant! to renew their old pradices of opprefling and co.nlncerlng over us. For fuch, you very veil know, was their behaviour to us in the time (f t'le Frencli government, and that our • cpian.cipatirn from tliat fpccies of tyranny by the criablifinncnt of the Englilh laws, was exceedingly agreeable to us, and gave univer- fcil fatisfi^dicn. ;But now all this comfort is r.t an end, and the gloomy profpedt of the return of our former fervitude prefents itfelf to our imagination, and fills us with great irncafiiicfs. For, by the" revival of the French laws, we are apprehcnfive that all thofe op- prciiive powers of the noblefle over the com- niou people will be re-eftablifhed ; and by the claufe in the adl which permits Romaii- Catholicks to hold ofiices of trull and power, we are induced to fufped that there is an intention in government of bellowing thefe offices on fome of our former fuperiours, from whole domination we have been fo happily iicc for thcfe fifteen years lall paft. • ' ENG- ■ ' '■■3 M 17] « • ENGLISHMAN. Well, I cannot blame your rcafoning : it is Jndeed but too well founflccl. lUit what fay you to the claufe which conlinns your reli- gion ? Surely that niuft plcafe you. FRENCHMAN. Wc have no more reafon to be plcafcd with that claufe than the other. It is true indeed that we are zealoufly attached to our religion^ and fliould have been very unhappy if we had not been tolerated in the free exercife of it. But we were fo tolerated to the utmoll extent of our wifhes before the late adl of parliament. It was ftipulated in the capitulation in Sep- tember 1 760, that the free exercife of our religion fliould fubfifc intire, fo that all ranks and conditions of men, both in the towns and countries, might continue to allemble in the churches, and to frequent the facrcments as heretofore, without being molef!ed in any manner, diredlly or indire(n:ly. And this was readily granted to us by our humane con- queror. General Amherfl. But when the Marquis de Vaudreuil, our general, demanded further. ill 1 ■> Ik ■•ii !' 18] further, that we fhould be obliged, by the Englifli government, to pay to our priefts the tythes, and all the taxes which we were ufed to pay under the government of our former Sovereign, General Amherft (who did not thiink it necefTary to perpetuate our religion by a compulfive provifion for the priefts who teach it,) very wifely refufed to grant this fecond requeft, and made anfwer, that the obligation of paying the tythes to the priejis would depend on the kings pleafure. In confequence of this anfwer, we have underftood that we were not to be obliged by the Englifh govern- ment to pay the priefts their tythes, until the king fhould declare it to be his pleafure that we fhould pay them ; or, in other words, we thought that the legal right of our priefts to demand them, and fue for them in a court of juftice, was fufpended till his Majefty's plea- fure fhould be declared for revival of it; and no fuch declaration had been made before the late adt of parliament. Thefe points of the capitulation have been ftridlly obferved on all hands, ever fmce they were fettled till the prefent time, that is, for a fpace of fifteen years. We have enjoyed the free exercife of our Hi' •r [ 9 ] 1 our religion in the higheft degree poflible. We have had our priefts to officiate to us both publickly and privately, in the fame open and unreftrained manner as under the French go- vernment: and we have afTembled in our churches and frequented the facraments in the fame manner as heretofore, as the article of the capitulation above-mentioned demanded for us the liberty of doing ; and not one of our churches in the whole province has been taken from us for the ufe of the proteftants. This degree of juftice and honour in the Englifh government, with refpedt to the ob- fervation of this important article of the ca- pitulation, has at once aftonifhed and delighted us.— And the other point, concerning the tythes, has been likewife conftantly obferved; infomuch that our priefts have not prefumed to fue for their tythes in any of the courts of juftice in the province ever fince the eftablifli- ment of the civil government, being confcious that they could not maintain a legal right to them on account of the faid anfwcr of General Amherft to the fecond requeft above-men- tioned. Yet, as we arc fincerc and zealous ia the belief of our religion, we have ufually B p:ii • i 't m [ 10 1 paid them to the priefts that did the duty of our pariflies, though we knew we could not be compelled to it : and few complaints have been made againft us for our negledt of them in this particular; efpecially where we have been fatislied with their condudt, both with refpedl to the decency and regularity of their lives, and to their diligent difcharge of the duties of the paftoral office. In thefe cafes we have always throughout the province made a liberal provifion for the priefts who admi- niftered to us the offices of our religion : and we have found that the liberty we have had of paying them the tythes, or letting it alone, as we thought fit, has contributed very much to make them behave in fuch a manner as to deferve them. This fituation of things pleafed lis extremely. We enjoyed the exercife of our religion in as free and ample a manner as we had done in the time of the French go- vernment : and we had the additional advan- tage of rewarding our priefts in the manner we thought proper, and in proportion to the merit of their behaviour towards us in the difcharge of their parochial duties. You can- not furely think that the enjoyment of fuch a power At rir-1 :§. nc d: in 'ii duty of uld not ts have f them e have h with f their of the e cafes 2 made admi- i: and had of alone, much as to leafed fe of ler as bgo- Ivan- mner the the can- ch a >wer \f- I C " 1 power over our priefts as this was could be difagreeable to us. Whoever does think fo is moll egregioufly miftaken. But now your parliament (though, we are told, it confifts only of proteftant members,) has deprived us of this power, and forced us to pay our tythes to our priefts (whether we are pleafed with them or not,) to the uttermoft farthing. And, however ill they may behave amongft us,— though they fhould be the moft vicious fellows in their parifhes, wholly given up to drunken- nefs and Icwdnefs, debauching our wives and daughters, and negledling the moft important duties of their office, and behaving to us with the utmoft contempt and infolence 5— yet, when once it has pleafed the bifhop to appoint them to be our parifh priefts, we muft, for the future, pay them their tythes and other dues in the fame manner as if their condudl had in titled them to our entire approbation. Now this is a duty impofed on us by the late ad, which we fliall certainly perform in thefe cafes with great reluftance. — In fhort, as the former claufe, which revives the French laws, feems calculated to bring us again under fervi- tude to our nobleiTe: fo this other claufe. B which ml I i ) 'F * il [ 12 I which revives the legal obligation of paying the priefts their tythes, feems calculated to bring us under fubjedion to our priefts : and neither of thefe changes in our late eafy and happy condition is conlidered by us as an advantage. Our noblefle, (thofe hungry cor- morants, vsrho are too proud to Cultivate their lands, as we do, or to follow any ufeful trade for their fubliftence, and too poor to live upon their fortunes,) may naturally enough rejoice at the late a who are impowered by it to fue us for their tythes in the courts of juftice ; about five or iix of our lawyers, who flatter themfelves that the revival of the French law will increafe* their bufinefs and con^- quence ; and the narrow circle of our poor and proud noblefle, who are gaping after the falaries of the places which are foon to be bellowed on them, and pleafing themfelves with the thoughts that they fhall then have an opportunity of exerciling authority over us in the fame manner as they did under the French government. . Excepting thefe perfons, (who - .. . n^ay ive to a/k you have erality of fons who he fame are the nadjans : 'anadiaq 3ns who (^, that ered by »urts of s, who French confc- poor er the to be ifelves avean us in rench (who may ir f '5 i may amount perhaps to two hundred, or at moft three hundred, men in the whole pro*- vince,) I will venture to fay that all the refl of the Canadians, who think at all upon the fubjedt, entertain the fame fentiments as I do. . ^ f •• i ENGLISHMAN. l' >V| i !; As this is the general way of thinking amongil the Canadians, pray how comes it to pafs that they did not make it known to the government in England, before the late Quc- beck ad paiied ? For I dare fay that ad was pafled with an intention to pleafe and humour the Canadians, and thereby difpofe them to become adive inftruments in the hands of the crown to ailifl in the conqueA of the other rebellious colonies. Indeed there is no other way of accounting for the parliament's paiBng an adt of fo uncommon a nature, and fo con- trary to the moft fundamental maxims of the British government. , „ - < „,,r nw t'j?'. FRENCHMAN. ^1^ t I ^f. ' I cannot pretend to judge of the political Views of the Britifb miniftry in caufmg that •i' t^ 4 ad i; ill ' (' if [ '6 } ad to be pafTed. But, if they did intend to pleafe the Canadians by it, as 3rou fuggefl, (for of myfelf I fhould never have fufpeded them of fuch an intention,) I fuppofe that they mud have thought that the Canadian people were intirely under the influence of their priefts and their noblefle, and that they followed implicitly wherever the latter led, as.fhcep do their bell-weather, and confe- quently that, by gratifying the noblefle and the priefts, they fhould gratify all the reft of the people. An opinion of this fort muft have prevailed among them. But, (as you well know, and as now appears plainly in the general murmurs at this aft all over the pro* vince,) it is intirely without foundation. The noblefle have never had any influence amongft them at all, but, on the contrary, have been rather looked upon by them as objedts of terrour and hatred : and the priefts have had but a limited degree of influence over them, and only in matters where religion has been thought to be concerned. This was well known to all the Englifli inhabitants of the province; and therefore we prefumcd it muft, by their means, be known alfo to the ' government intend to I fuggcft, fufpcded pofe that Canadian uence of :hat they itter led, d confe- lefle and le reft of luft have rou well r in the the pro- ndation, nfluence ontrary, :hem as B priefts ifluence religion lis was ants of med it to the nment ,.I t >7 ] government in England. But I fuppofe they have liftcned principally to the fuggeftions of the Governour, who has been fo far biafTed by the perpetual flattery of the biHiop and his clergy and the nobleffe of the province (who call him their father and protedor,) as to con- ceive them to be of much greater importance than they are, and who has probably repre- fented them in that light to the king's mini- fters of ftate, and made them believe that the fentiments and wi/hes of that fmall circle of interefted perfiins were thofe of the wholq Canadian people, > As to making a formal petition to the king to continue to us the Englifh laws in the manner we had enjoyed them before the late adl, (which you feem to think we ought to have done, and which indeed I fincerely wifh we had done,) our reafons for not doing it were as follows. In the firft place, you well know that the Canadians are extremely fearful of offending their governours, and confequently of taking any ftep which may expofe them to their fu- C ture I; ,ii (V «' i( I II' *'^ 11'' ! !tli!i I ( ;!• t '8 1 ture refentmcnt. This is owing partly to the arbitrary manner in which they were ufed to be commanded in former times, and the difcretionary power of imprifonment which was exercifed over them by the intendants of the province. This habit of obedience and terrour has continued amongft them (though in a lefs degree than formerly,) till almofl the prefent time, notwithftanding the great mild* nefs of the Englifh civil government and the total cefTation of the exercife of that arbitrary power of imprifonment. For they did not well know the caufe of this cefTation, and could not be fure that it was not the efFedi of fbme temporary policy, which would foon be laid afide, or of the humane or cautious tem- pers of the perfons at the head of the govern- ment. They had indeed been told that it was the confequence of the introdudion of the Englifh laws and form of government : and they, for that reafon, were greatly delighted with thofe laws and that form of government. But yet they faw this but imperfedily, and therefore had flill fome doubts and apprehen- iions in their minds concerning the flability of this new flate of eafe and liberty, and confequently *v 4 I I F d K partly to were ufed » and the ent which endants of liencc and (though almoft the reat mild- t and the ' arbitrary f did not tion, and ! effed: of i ibon be ous tern* ' govern- lat it was 1 of the 'nt: and delighted rnment. tly, and prehen- ftabih'ty J, and quently r 19 1 confequently ibmc remains of their ancient habits of fearing to offend the officers of go- vernment, Ignorance, you know, is often both the parent and nurfe of timidity : and our Canadi^s, for the moft part, can neither read nor write : nor have they been accuf- tomed, nor indeed have they dared till of late years, to think upon the fubjedl of go- vernment. It ought not therefore to be matter of wonder that they do not yet think either very freely or very accurately concerning it, and much lefs that they are fliy of ading with refpedt to it in a manner that they fufpedl will be ofFenfive to their fuperiours. This I take to be one of the reafons why they did not make fuch a petition as you mention, to ex- prefs their defire that the laws of England might be continued in the province. A fecond reafon for their not making fuch a petition may alfo be referred to their igno- rance. There are fome parts of the laws of England which, if they were to be put in pradice here, would be greatly and juftly difagreeable to them* Such is the Engliih law of inheritance of land by primogeniture; C 2 whiib^ I t 20 1 which, if it were to be immediately intro- duced into the province fo as to affed the prefent generation of young men, would cer- tainly caufc great uneafincfs and mifery in families ; though, if it were to take place only with rcfpedl to the children of marriages hereafter to be contradted, with a power in the parents to avoid it, if they thought proper, and to retain their former law of inheritance by partition, either by inferting a clauie for that purpofe in their marriage-agreements, or in their laft wills, or in any deed executed in their life- time, I am inclined to think it would give the Canadians no offence, but rather be well received by them, becaufe they have often obferved and lamented the many incon- veniencies that have refulted from the fub- divifion of fmall lots of land in confequence of their prefent law of inheritance by par- tition. Yet the fudden introdudlion of this law of England would be very difagreeable to them, even though they (hould be impowered to avoid its operation by devifing their land in the manner they fhould think proper by their lafl wills and teflaments, becaufe* as they can neither write nor read, and are not much ti h; b( ely intro- affcdl the ^ould ccr- iTiifcry in ke place narriages sower in t proper, leritance laufe for lents, or cutcd in it would ither be jy have incon- le fub- quence y par- o£ this ible to wered land >er by fe, as e not nuch f [ 21 ] itinch accuftomed to make wills, this pre- caution would probably be often neglcdlcd, and the younger children of families, in con- fequence of fuch negledt, would be difap- pointed, by the operation of the new law, of the fhares of their father's eftate, which they had been bred up in the expedation of under the old one. This therefore is one of thofe parts of the Englifli law which would really be difagreeable to the Canadians. Another part of it that would al(b be difgufling to them, is the law of tythes. For we are told that, by the law of England, the owners of land are obliged to pay every tenth fheaf of their corn to ihc parfon of the pari(h ; whereas the tythes paid in this province in the time of the French government was only the twenty-fixth bufhel of corn ready threflied out, and made fit to put up in the barn. Now it would be thought highly opprefHve by the inhabitants of this province, notwith- flanding their fincere attachment to the Ro- man-Catholick religion, to be forced to pay tythes to their priefts at the enormous rate of every tenth fheaf; fince, as I faid above, they were extremely pleafed with the liberty al- lowed ^1 I 2Z ] lowed them, ever fince the capitulation in 1760 till the prefent adl, of not paying even their accuftomed tythe, though fo much lefs than the Englifti tythe, unlefs they chofe it, Thefe therefore are two parts of the Englifh law which, if they were to be practically introduced in the province, would give great offence to the Canadians. And perhaps there may be fome other parts of that law which I have never heard fpoken of, or do not at pre-* fent recolledl, which might be equally dif-» gufting to them, I am aware that you will obferve upon this occafion, that thefe are two parts of the law of England that the Englifh inhabitants of the province have no defire, or thought, of introducing into it, but that they are willing to have them excepted by name, in the plainefl manner poflible, from the general body of the laws of England which they wifh and hope to fee eflablifhed here, if fuch an exception of them is defired by the Canadians : that, as to the firfl of them, the law of inheritance by primogeniture, they think it would be foolifh and unjufl to introduce it fuddenly, lb lation in ing even luch lefs chofe it, Englifh a(flically ve great ps there which I t at pre-* illy dif. pon this the law ants of ght, of willing )laineft of the lope to ion of hat, as itance Id be denJy, io I 23 ] fo as to affed the prefent generation of Cana- dians, and are not follicitous to have it intro- duced even with refpedt to future generations in the manner I have above mentioned, unlefs it be agreeable to the Canadians that it fhould be fo introduced ;— and that they therefore arc willing to have the cuftoms of Canada upon that head, as well as concerning the dower of widows, and the modes of conveying landed property, and, ftill more, thofe concerning the tenure of lands, or the mutual rights and duties of the feigniors and their freehold tenants to each other, exprefsly revived and re-eftablifhed in as ample and fatisfadlory a manner as the Canadians fhall defire; pro-* vided only that they (hall be permitted to difpofe of their own landed property in the province by their lafl wills in the manner they fhall think proper:— and that, as to the fecond point, the payment of tythes at the rate of the tenth fheaf of corn, they (hould confider it as one of the greateft and moft abfurd oppreffions that could be intro- duced into the province, their opinion being that the affair of tythes ought to be left in- tirely voluntary both to theRoman-Catholicks * and C 24 ] # and the proteflants, without fo much as re-" viving the legal obligation of paying the lefler tythe above-mentioned, which was only the twenty-lixth bufliel of corn threfhed out and made fit to be houfed : and therefore you will conclude that the Canadians need not have been apprehenfive that thefe parts of the Englifh law would have been introduced into the province in confequencc of the petitions of the Englifh inhabitants of it to have that law eflablifhed. Now all this I will allow to be true, as I have heard it often and often from the moft fenfible Englifh merchants in the province with whom I have had an opportunity of converfing upon the fubjedl. But what avails its being true, or my knowing it to be fo, while the bulk of the Canadians are ignorant of it, and liable to be impofed on in this re- ipedt by thofe who are endeavouring to pre- judice them againft the Englifh law, and in favour of the revival of the French ? For thefe are the very parts of the Englifh law which thofe perfons have held out to them as bug- bears, fince the paffing of the late a(3; of par- liament. :h as re- the lefTer only the i out and jfore you leed not ts of the iced into petitions ave that Lie, as I le mofl: Tovince nity of It avails be fo, Ignorant :his re- to pre- and in >rthefe which bug- f par- iment. '.■45 f 25 J , liament, to prevent their joining with their Englifh fcllow-fubjedts in folliciting for the repeal of it *, as you may fee by the perufal of the letter to the Canadians which was figned, " Le Canadien patriote" and induftriouily cir- culated through the province in December, 1774, in which both the payment of the tythesat the rate of the tenthfheaf infteadof the twenty-fixth bufhelof corn, and the inheritance of land by primogeniture, to the exclufion of all the younger children now living in the province, and without mentioning even any power in the parents to prevent its operation by their lafl wills, (though that is alfo a part of the law of England,) are held up as the neceiTary and immediate confequences of the introdudiion of the laws of England, His words are thefe. " Aimeriez-vous que vos enfans heritajfent a rAngloife j tout a I'atni^ rien aux cadets f Voudriez-vous payer la dixme d dixUme gerbe^ comme en Angleterre f" Such are the difingenuous artifices which have been ufed to alarm the poor Canadians with falfe apprehenlions concerning the effeds of the introdudlion of the Englifli law; and by ihefe means they have been brought into a D ilate . •}fi ^i :i II' ■ [. 25 J ilate of doubt and irrefolution upon the fub-i je<^, from which they were utterly unable to relieve themfelves. For while, from their feelings of the eafe, fecurity, and liberty which they have enjoyed for thefe ten years part, they were inclined to think favourably of the Engliih law as the caufe of thofe great advantages,' they have been made to appre- hend fome bad confequences from certain parts of it which they have not experienced and are not well acquainted with, and which they are told will be inevitably forced upon them, if the Englifh laws fhould be eftablifhed in the province, though in truth nobody wifhes to introduce them; In this ftate of delufion they hardly dared to join with the Englifh in a petition to the king to eftablifh the laws of England in the province, though they often declared that they had been extreme^ happy under them for thefe laft ten years. 1 am fenlible that here it may be afked why the Englifh did not undeceive them upon this fubjed:, and make them underfland that no- body wilhed to introduce either the Englifh law of paying tythes at the rate of the tenth Iheaf, or the Englifh law of inheritance by ... primogeniture/ yl P' or in ♦«^l th >i ha '■i£ thl ■'H anl an rai ab to an; (vv 1 ^"^ do m< W( ; iei :i Q . pi ar< E be '4 pi I the fub4 unable to From their »d liberty ten years 'avourably hofe great to appre-i 1 certain perienced tid which ced upon flaWi/hed ly wifhes delufion nglifh in laws of «y often y happy — I am vhy the on this hat no- Englifli 3 tenth nee by initure/ [ 27 ] primogeniture, or the Englifh law of dower, or any other part of the Englifh law relat- ing to landed property, or any other parts of the Englifh law that the Canadians flioiild have any particular objedion to, and that therefore they bad no occafion to be under any nne^finefs upon that accoun-t. To this I anfwer, that, from their beinp^ generally igno- rant of letters to fuch a degree as not to be able either to write or read, it was.impoflible to undeceive them compleatly upop this, or any other fubjedl, upon which their priefts, I (who were fettled amongft them in thefeveral I parifhes of the province,) fhould endeavour to miflead them, as they were known to have done upon this fubjecft, it being an undoubted fadt that many copies of the letter above- mentioned figned " Le Canadicn Patriott\'* were writ out by the young fludents at the feminary, or college of fecular priefts, at I Quebeck, which, you know, is the principal I place of education for our young people who j are intended for the church. How could the Englifh merchants communicate to the whole body of the Canadians their' anfwers to thefe private and repeated fuggeflions of the priefls E) 2 %% -'^rl '<( [ 28 1 to the prejudice of the Englifh law ? If they had fent circular letters through the province, either printed or written, the Canadians in many places could not have read them : and if they could, you know the tedioufnefs and difficulty of making a fufficient number of copies of any thing. in manufcript for the general information of a whole people ; and you know alfo that there is but one printing- prefs in the province, and that that is under the diredion of the government. To un- deceive the Canadians conipleatly upon this fubjedt, and convey to them full informations concerning it, was therefore a thing impof- fible ; though much had been done towards it by the Englifh inhabitants of the province in the way of converfation, — perhaps as much as could be done in that way,— and with con- £derable fuccefs. This delufion of the poor Canadians concerning certain difagreeable con- fequences which they were falfely told would attend the eftablifliment of the Englifh law, I confider as a fecond reafoa of their not joining with the Englifh inhabitants of the province in their petitions to the king for its continuance. * But :i CO we « if m th( ' ''"^'■^^^'*" ca] eft thl If' 'i m« wl on _ of pc ■h af i ^ V t \S V? Ifthcy le province, madians in ^em : and 3ufnefs and number of pt for the 'Ople; and 5 printing.^ tt is under To un- upon this ormations ig impof-, towards it ovince in as much vith con* the poor able con- td would :h/h law, heir not s of the •g for its [ 29 ] But a third and much ftrongcr reafon for ttheir declining to join in fuch a petition with their Englifh fellow-fubjefts, was afalfe alarm that was fpread amongft them by their priefts concerning the fafcty of their religion. They were told that even that would be in danger* if they joined with the Englifh inhabitants in their petition to the crown, that in that cafe a proteflant aflembly would perhaps ht eflablifhed, which would inftantly opprefs them in that refpedt by introducing and en- forcing the penal laws of England againft tha priefts that fhould perform mafs and the lay- men that fhould go to church to hear it ; all which they afTured them had hitherto beeft only fufpended by the difcretion and humanity of the Governour, but would foon be carried into execution when the good Governour'S power fhould be controuled by a turbulent affembly of proteflants invefled with the fole power of making laws in the province* Thi§ was the alarm that had the greatefl weight with them, and prevented them from joining with the Englifh inhabitants in their petition to the crown for a fettlement of the province Upon the foundation of the Englifh hwi And ill f'M! [ 30 ] in the winter 1 774, after the late a(5l of par^ liament had been pafTed and received in the province, when the Englifh inhabitants were preparing to fend over petitions to England for the repeal or amendment ot it, nd the continuance of the Englifh iavvs gieat num- bers of the Canadians were difpofed to join with them in making thofe petitions, and to declare that the petition which had been pre- fentecl to the king in the name of the whole Canadian people in the fpringof the fame year 1774, and which had unfortunately been made the ground of the late adl of parliament, had been made without their confent, and even without their privity and knowledge. And they even went fo far upon that occafion as to defire fome of the Englifh inhabitants to pre- pare a paper for them to iign, exprefiing thefe fentiments : but, when the Englifh had pre- pared fuch a paper, they were afraid to fign it on account of the alarm above-mentioned re- lating to their religion, and excufed them- felves by alledging that they w^ere with-held by their fuperiours, and commanded not to join the Englifh in any public reprefentations j for that, if they did, they would infallibly be deprived [th( iUi in I pel I of - lifh for ma: t iaic ^ the J of .' eaf th( th. t 3» ] eprivcd of their religion, but, if they re- ained quiet, they might depend upon it that the Englifh laws would not be changed. Upon this falfe alarm concerning their religion in cafe they joined with the Englifh in their petitions, and the equally falfe afiurance that the Englifh laws then obferved in the province would hot be changed if they remained quiet^ they refolvcd to take the latter courfe, and refufed to lign the paper which they had fome time before defired the Englifh to draw up for them. I hope i have now accounted for the refufal of our poor Canadians to join with the Eng- lifh inhabitants of the province in petitioning for a continuance of the Englifh laws in a manner that is confiflent with what I before faid of their being perfeftly well fatisfied with them, fo far as they had had any e^tperience of them, and of their great and general un» eafinefs and apprehenfions of a renewal of their ancient fubjedion to their noblefTe by the revival of the French hw in all civil mat* ters by the late a; -n'- Very little, I believe; at lead from the Canadians. And the Englifh inhabitants alone could nof do a great deal again ft a con- fideiable 1 lor the an 1 to a ther Eng bavc hcar'd lis fubjed : e, Byr wc I to aflem- icr parts of laws, (and iir ancient legal obli- cs. the whole and Eng- this adl of he adjoin- ge of this country, whether , if they ants thflt from the habitants ft a con-^ I fideiable t 35 1 fiderablc force, becaufc of tlie fmallnefs of their number. And almoft a|l the troops mvc been lately drawn out of the province to reinforce General Gage's army at Bofton. [So that I am greatly afraid, if the provincials |{hou!d fend an army into the province, that !it muft be over-run by them. But I hope [the attempt will not be made. ., r. \ ENGLISHMAN. ]■■ I hope fo too : or rather I wifli it may not. ^•For, as the Englifli Americans all confidcr lithe late Quebeck adt as a manifeft jM'oof of i|an intention in the government of England to arm the Canadians and fend a body of . them to attack the back fcttlements of New- England and the other rebellious colonies, I , am perluaded the provincials will endeavour no be before-hand with government in this #mtitter, and will make an attempt to invade ^this province before the Canadians are actually f railed and embodied -, more elpecially as the .province has been drained of almoil: all its jtioops, and the inhabitants of it, botn French [and Englifli, are known to be greatly difcon- |t*inted at the late a6t of parliament, and con-r - E 2 • fcqucntly ■?• i [ 3^ ] fequently little inclined to take any adkive part in the defence of the province againfl them. Indeed we may conclude from their late attack upon the king's forts at Ticonderoga and Crown Point, (which they have taken by furprize in a moft unaccountable manner,) that the provincials have fuch a defign, thofe fort$ being, as it were, the gates of Canada. And I am told that within thtfe few days, ^ver ikice the beginning of July, the troops they have left in garrifon at thofe places openly talk of fpeedily making the attempt. ^ - FRENCHMAN. If they ihould invade us, I am almoft fure they will meet with no reGftance from the Canadians. Nay, I much fear that they would be joined by fome of them. So ftrangely have I hear'd fome of them talk upon the fubje.V. ■■*"■• •*-* You muft know then that when King James II. had quitted the throne of England, which he had filled for four years in a manner moft difgraceful to himfelf and oppreffive to his people, the inhabitants of the province of the Maifachufets bav were without a charter, and m < f » L (, n to expedt >ur pains on that I have ; anfwers I ve made tc lents of the Vi f 41 J It. edious taffe yfelf to be J^ou extend colonies in ieavour to refped: to and the adl / acknow- jformation ^en King England, a manner ^reffive to ovince of a charter, "' and m •''Al^: id were governed (as this tirovihce, and the jprovince of New York, and feyeral other [provinces in America, now are,} by the king's icommiflion to his governour under the great feal of England. Thqy had had a charter fome little time before, whibh was of a ver^ popular nature, the eledlipn of the governour and council, and of all the other officers of government having been granted by it to the people, (as I have heard,) though in. moffi other colonies they have only the eledion of the aiiembly ; fo that the crown had had little or no controul over them. But this charter had been taken from them a fibw years before by a proceeding at law, called by the lawyers a Jcire facias ^ which had been inftituted agaihft them at the fuit of the crown in the latter end of the r^ign of king Charles II, that is, about five years before the ahdicatidii of the (aid king James and the eledion of the prince of Orange by the two houfcs of parliament tP the office of kiiig in his room ; which moft happy and memorable event is ufualfy called the Revolution, What were the merits of this law-fuit againfl that charter of the people of Bofton, I do not exadlly know. 'I i I m It was dledged againft them in it, that they had exercifed fome power's of governto^iiid which &eir chaJcter had not. granted to them : and this, and fbme Other irregularities in their conduct as a corporate hody, were made the grounds of pafniig a judgement againil diehl in the court' of Kihg's-bench in England, declaring that'.th<5y had thereby forfeited their right to the faiid charter, and that it fhbuld be taken from them and become from that time iittcrly void aind Of no efFed. The motives of this profecuti'on are agt^eed on all hands to have been bad, it being Only one of many meafures, whieh were entered into at that time by king Charles H. and his wicked itiiniflers, to iricreafe the power of the crown by deprcffing the liberties of the people. But I beljeve the proceedings in it' might be regular, and the judgement given againft the charter might be legal j and confequently that, when king William (that is, the good prince of Orange who had delivered thenar tion from the tyranny of king James, and had been hereupon eledted king in his place by the two houfes of parliament through grati- tude for his great fervic^s and to defend them ''\ mo :^ lifli ^& gre flat i: I • that they averniiierii! to them : es in their made the lirift dieht England, iited their it fhbuld From that SI. The :ed on alf liy one of d into at s wicked le crown people, night be ainfl the :quently te good hena* ndhad ace by grati- 1 them agairift \ 43 J Againi^ the return of l^ipg James,) ^fcended the throne, the people of the Maflachufets bay had no legal right to refume the cxcfCiiG of it. They neverthelefs follicited very dili- gently, and with great eagernefs, by their agents at king William's court, to have it given back to thern. But they did not meet with fuccefs. The minifters of ftate, (though :^,.M friends to the liljerjip;^ qf the people upon the J5|| moderate and ratioi^al principles of the Eng- liih government, which gives to the peopje a great fhare in the legif}ative authority of the ftate, but referves to the crown the whole executive power of it,) did not think it wife to renew a charter, wjien it was legally diflblved, in which the crown had little of no fhare even of the executive ppwer of the government referved to it, and which they therefore thought was fitter to be the charter of a liftle trading borough than of a great colonjjT fhat might one day confift of half a million of inhabitant?. They therefore ad- vifed thq kiqg to give them another charter upon a better plan than the former, and fitter to promote the good government of tha| ^plon^ and to preferve its dependance on the, E 2 crown. • I 44 i croWn. This advice was followed i atiother charter was made out upon a new model, in the framing of which the famous Sir John Somers, (who was afterwards Lord Somers and lord chancellor of England, and who was reckoned one of the wifeft men and ableft minifters of ftate that \vas ever known in England) is thought to have been con- cerned ; and it pafled the great feal of Eng- land, and was thankfully accepted by the majority of the people of the Maffachufets bay> notwithflanding the attachment of a fmall party amongft them to the popular pri- vileges of their old charter. This happened in the year 1692 j and iince that tinie till the late Bofton-charter ad, that charter has been the rule of government in that colony. This charter has ufually been confidered as the befl-contrived charter in all America, having a due proportion of power referved in it to the crown at the fame time as a fufficient degree of weight in the government is be- llowed upon the people for the prefervation of their liberties aiid properties. And Go- vernour Hutchinfon, in his excellent hiflory of the Maffachufets bay, fays that it is in - " many ffhs imol ^ go> fvchi #|feo liihas pre th€ iti\ l|coi an! is th. vii fu new model, ms Sir John 'Ord Somers , and who t men and ever known been con- ;al of Eng- ted by the 'la/Jachufets I mcnt of a >opular pri- is happened ime till the ;rhas been lat colony. )niidered as America, referved in a fufEcient ent is be- refervation 1 And Go- fl ^nt hifloiy i t it is in , .V many M4 > ly refpeAs to be preferred to the plc^ arter, and th^t the people of the Maffa-r lufcts bay have no defire to return tp the. ►Id charter, and do not envy the neigbbour- ig governments of Cpnn^diicut and Rly549. :fland, )vhich have retained, and been gp- erned under, their ancient and more popular arters to this day, but that many of the oft fenfible men in thofe colonies would be^ lad to be under the fame conftitution o^ government that the proy^ncc of the Mafla^ chufets bay has happily enjoyed under th^ir fecond charter. By this qha;'t?^ the crgwVi has the right of appointing ^e governour^ lieutenant-goyerpour, and fepretary of the. provinces and the power of making laws^fo^ the province and of impofing taxes on it^ inhabi^nts, is vefted in the governoufj^ 4 council confifting of twenty-^ight members, and an aiFjmbly of the people. The affembly is chofen in a very fair and propqr manner,, the freeholders in every townihip in the pro- vince, that is, in ^ycry fpace of ground of fix miles fquare, that is cleared and fettled, (which is about the fize of one of the feigni- orie$Jn this pwWnce,J| Having aright tbchufe .;<.! ; .. two Conftitu-^ tion of the affembly of the Mafl«chU^ fett bay. ■ t 46 ] two perfprts to rcpi-cfent it ill the general' ftfTembly. By this means the afTembly does not confift of a trifling number of members^ ^as is the cafe in many, of the other colonies,) «is, for inftance, in the province of Ne'':'"'* I 47 \ which have all a right to fend two members tb the duembly, have hitherto ient only one* And even this number will be increafed as th^ cultivation and population of the provii^ce (hall increafe, becaufe every new townihip that (hall hereafier be laid out dnd fettled, will have a right of fendihg two new members to the adembly/ I have often thought that this manner of cbhftituting an a(rembly v^ould be A coiavg- Very (it to be adopted in Canada, whenever of an af- his M4je(ty (hall be graciouHy pleafed to the pro.^ ful(il the^f6mi(e itiade uS in his proclamation Q^ebcck» of graiitiflg tiS a houfe of a(fembiy, and that the beft a(renibly that tould be eftabli(hed for this province would be one to which every feigniory iti th6 province the extent of which is two leagues, or (ix miles, fquare, (aiidi which cohfecjuently anfwers to a towrifhip lii the province of the Maflachufets bay,) (hould fend two members, and every larger feigniofy * more members in proportion to its fize. And, as there are in this province twd di(lih without any quit-rent whatfo- ever, together with a few other per^ns who hold lands alfo immediatdy of the crtwn, but by rent-fervice, and, iecond^, thofe who hold lands of the feigniors either by fealty s^nd homs^e (in which caie the lands they hold are called afriert^fefij or by rcnt- fervice, or, as yoii Frenchmen exprefs it, par cens et rentes % it feems reafbnable to me that one of the two members fcnt from every feigniory ihould be chofen by the feignior, or, (if there are feveral co-feigniors or joint owners of the feigniory,) by the feveral co- feigniors who own the feigneurial property of it, and the other by the peafants of the feigniory, and the owners of arriere-fiefs in it, who hold their lands of the feignior, or co- feigniors, of it. And I further think it would be adv:antageous to the province, that the members :'■ ii t 49 ] tnembers chofen by the feigniors and thofe chofcn by the other freeholders fhould fit in different houfes, each of which fhould have a negative upon the proceedings of the other, as is the cafe with our two houfes of parlia- ment in England. What think you of this plan of an aflfcmbly for this province ? Could it eafily be eftablifhed in the province, and would it anfwer the good purpofcs of an afiembly ? or is it (as I am told fome people have called it,) a mere vifionary and im- pradlicable whim ? FRENCHMAN.' I fee no difficulty at all in forming an aflembly in that manner. On the contrary it feems naturally to refult from the maniner in which our lands are held in this province. There are two clafies of land-holders amongft us, an upper and a lower. The feigniors, and other perfons who hold their lands im- mediately of the crown, form the upper clafs j and thofe who hold their lands of the feigniors, form the lower clafs. Their interefts, though not contrary, are diftindt from each other; which makes it reafonable that they fhould G have tj-J • «v ■-I: ■m ■ % '■' :"Si *l Precau- tions to be ufed to hinder the members of the nfTembly from af- fuminjB to themlelves any privi. legesabove their fcU low-fub- jc£ts by their own votest i 50 ] have diilindt reprefentatives, and that the re- prefentatives of the one clafs (hould have a negative upon the laws propofed by thofe of the other, to the end that nothing may be done by the reprefentatives of either claft that is prejudicial to the rights of the other: and for this purpofe it is expedient that they {hould fit in two feparate houfes. And this diviiion of the aflembly into two houfes would be attended with this further advan- tage, that all the regulations that would be propofed in it would be difcufled with more folemnity and deliberation, and would be more thoroughly fifted and examined, before they would be pafTed there and pref6nted to the governour for his aiTent, and confequently would be more likely io be purged of every thing that might be pernicious to any interefl in the province, than if all the members of the afTenibly fat and voted promifcuoufly in the fame houfe. I hope however that care will be taken by his Majefty and the 6riti(h parliament, whenever an alTembly ihall be cftablifhed in this province, (whether it be in one or two hbules,) that our reprefentatives (hall be reftraincd from afTuming, to them-; felve» [ 5' ] felves any privileges, or exemptions from the laws to which the other inhabitants of the province fhall be fubjeAs but that every thing of this kind, which may be neceflary for their cafe or dignity, or for the convenient dif- ^ charge of their duty as aflembly-men, will be fettled by the ad of parliament that fhall eftablifh the aflembly. And I ftill more hope And from ^ ^ ^ exerciuns that they will be retrained from exercifing, coercive under any pretence how fpecious foever, a over them, coercive power over the reft of their fellow- fubjedls, or a power of punifhing them by imprifonment, or otherwife, in a fummary way, for any crimes or offences whatfoever, inftead of leaving them to be tried in the ordinary courts of criminal jurifdiiflion in the province. For this would be making us * Haves to our own reprefentatives, which would appear to us, who have hitherto been governed by the royal authority only, a meaner ipecies of fervitude than that we have hitherto been fubje There is another particular which I will Neceffity ,. /. /»Ti»t ofabolifli- mention upon this occauony becaule I tombing the ju. It neceflary to the perfect enjoyment of the ofthefeig- beneiits that wil} arife to us from a houfe pf Canada, aflembly: apd that is the abolition of th^ jurifdidions of the feigniors of the province over the tenants of their refpedive feigniories. You know that in moft of the grants of fiefs, or feigniories, made by the kings of France in this province there is a cjaufe which gives to the grantee, or feignior, Le droit de haute^ moyenne^ et hajfe jujiicey or a very exteniivo power of judicature over the tenants of their refpedtive feigniories. It is true indeed that this kind of judicature has never been exerr cifed in the province fince the conquefl of it by the crown of Great-Britain in 1760. Au4 it is alfo true that very iew of the feigqior^ are rich enough to bear the expence tb^t would attend the proper and compleat exercife of it; which would require the maintenance of a feigneurial judge, a feigneurial, or fifcal^ attorney, and the keeping of a prifon in proper repair for the confiqeineat of crimi-f nals. ¥.'{■ ,vm,J w I pi ; i'l ^m ;."■■*' % ill fl: % ' '!lr t ., » '•■-•J; i 54 ] nals. And.I knpw alfo that in the time of the French government the excrcife of this power was very much checked and controuled by the ofEcers of the crown> more efpeclally with reipeA to the profecution of capital crimes, and that no criminal could be put to death by the fentence of one of thofe feig- neurial CQurts, nor even by that of the king's judge of the diftridt in which the feigniory was iituated, or the offence committed, until it had been confirmed by the fuperiour coun- cil of the province at a meeting of at leafl feven of its members. All theie things I know very well, and am fenfible how much they diminifh the danger of our being op- prefTed by the feigniors of the province by means of thefe feigneurial jurifdidions. Yet there is ftill danger enough left of fuch op- preflion to alarm us and make us uneafy : fci* we are of opinion that even the &aj^ juftice^ which is only a power of deciding fmall civil difputes between the tenants of a feigniory, might be ufed to the oppreflion of the people, though tht haute 2indth<&moyennejuJiicey which relate to the punifhment of crimes, fliould be fupprciled : and we have no doubt that it would ii ■ [ S5 ] would be often ufed to fuch b«d purpofes. We don't therefore like that the feigniora fhould retain even a dormant claim to any part of this power of judicature, which they may, one day or other, think fit to revive and exercife, to the terror and oppreffion of their fellow-fubjedts : but, on the contrary, we are anxioully defirous that the whole of it may be formally fupprefled. »V'' ENGLISHMAN. ' I agree with you that thefe powers of judi- [cature, which are granted to the feigniors ind their heirs and affigns for ever in the Tench king's grants of the feigniories of this province, are not very favourable to liberty, nor likely to prove beneficial to the jrovirice. But I have fome doubt whether they can be totally abolifhed, otherwife than rith the confent of the feveral feigniors who :laim them, without a breach of the articles >f capitulation in 1760, which I have always thought ought to be facredly obferved. The [7th article of that impoitant inftrument is \xi theie words. ■ 1 ' v' '4 I. ' ' J » . *' The 'V'- tX:' \\A m ■ ■ -i'l ,% m ;€' M m 1*,- i€ €t €€ it it ti re « €t U u u u u t i6 J *' Tht lords of manors, the toAikff ahrf civil officers, the Canadians as well in the town as in the country, the French fettled or trading in the whole extent of th6 co- lony iof Canada, and all other perfons whatfoever, ihall preferve the intire peace- able property and pofTeflion of their goods, noble and ignoble, moveable and immove- able, merchandizes, furs, and other effeds, even their fhips : they fhall not be touched, nor the leaft damage done to them, on any pretence whatfoever. They fhall have liberty to keep, let, and fell them^ as well to the French as to the Englifh, to take away the produce of them in bills ofi exchange, furs, fpecie, or other returnsy whenever they ihall judge proper to go to France, paying the freight, as in the 26th article/' This article Ivas granted by General Am- heril, and confequently the lords of manors, or feigniors, of the province have, by virtue of it, a right to preferve the peaceable pro- perty and poiTelfion of their noble goods, that is, of their feigniories, which are holden •^ , • . of t 57 J 6f the crown by the tenure cf fealty arid homage, which is reckoned a noble tenure^ The queftion is only how far this promife " that they floall preferue the peaceable fofjeffiofi of their feigniories* extends, and whether it involves in it all the powers of judicature belonging to thofe feigniories, (of which it is probable General Amherft had not, at the time of granting this capitulation, the fmalleft idea,) or only thofe rights of the feigniories which were of a pecuniary nature, or which were productive of pecuniary emoluments to the feigniors, that being evidently the prin- cipal objed, if not the only one, that wais then under the confideration of both the parties to this capitulation. In which of thefe fenfes do you think we ought to under* ftand this article ? ^ .■■■'■ :.i iitn FRENCHMAN, y ' ' Gerfainly in the latter fenfe, which confines the grant of the property and pofTeffion of the fdgniories to fuch things as are attended with pecuniary emoluments to the feigniors. General Amherft certainly never meant by thofe words to confirm to the feigniors of *" H Canada 'M ■■irt ."'.(f-f •[ 58 ] Canada any part of the powers of government in it, of which thefe powers of judicature make an important part. Nor is it reafonable, upon any principles of candour or equity that I am acquainted with, to interpret the words in fo large a manner as to include thefe powers: becaufe, as I apprehend, the moft reafonable rule of conftrudlion that can be made ufe of to find the fenfe of any inftru- ment that does not exprefsly mention every particular thing which it may be fuppofed to comprehend, is, even upon the moft liberal principles, no more than this, namely, " That fuch things i though not exprejfedin the injirument^ jhall be prefumed to have been meant to be com-' prehended in it^ and Jloall therefore be corifidered as if they had been exprefsly mentioned in it^ as are of the fame nature with the things that are exprefsly contained in it*' Now, according to this rule, the powers of judicature, granted to the feigniors of this province by the French kings in their deeds of grant of the feigniories, ought not to be conlidered as a part of the goods, noble and ignoble^ of which General Amherft promifed to preferve to them the property and pofTcilion in the aforefaid 37th - » article [ 59 1 article of the capitulation. For, if thefc words were to be taken in their Ari€t and literal fenfe, they would extend only to cor- poreal property, fuch as the freehold lands of the tenants of the feigniors, and the de- mcfne lands of the feigniors themfelves, (that is, thofe lands of the feigniors which they have not granted away to their under- tenants in perpetuity, but have kept in their own hands, to be cultivated cither by them- felves and their fervants and hired labourers, or by tenants at will, or for years, at certain rents agreed upon between them, and varied from time to time at the pleafure of the parties,) and cattle, corn, hay, houfe-hold furniture, ftock in trade, filver and gold either in coin or bullion, and bonds, bills of exchange, and promiflbry notes, charters or title-deeds, and deeds of covenant, or other writings containing evidences of rights to money or other things that are worth money ; becaufe thefe things, and only thefe things, that is, things of this corporeal nature, are properly goods^ being things that a man may touch, occupy, andpoifefs. But incorporeal rights to goods, or to money, fuch as that right ^ . H 2 of M I I -■■I, t' . [ « $ ti I ■ , t 64 ] . and ibaf upon a ground that is confiftent with your manner of interpreting that article, (which I believe to be a juft one,) by which you extend the word goo^s only to fucK in- corporeal rights as relate to property, or are produftive of pecuniary emoluments. For I hav$ been told that thofe powers of judicature are attended with fome pecuniary emoluments. Thus, for example, I have heard fome of the more learned Canadians fay that the feigniors who have thefe powers of judicature, haute, moyem€y et baffe^ juftice, have a right, in con- fcquence of thefe powers, if they exercife them, to the efcheats of the lands of their freehold tenants when they die without rela- tions, and without having left their lands away to any body by their laft wills, and perhaps in fome other cafes ; whereas, if they have no right, by the grants of their feigni- ories, to exercife thefe powers of judicature, or if, having fuch a right, they negled: to exercife it, they are not intitled to die lands of their tenants by efcheat, as aforeiaid, but thofe lands will in the fame caies e^heat to the king, to whofe tribunals the tenants of fuch feigniories will have been obliged to Tcfort I 6$ ] refort for judice ; the efcheat of the lands being conlidered as a kind of compenfation, or price, to the feignior, or the king, for the adminiflra- tion of juftice in the feigniory. Now, if this is fo, (as I really believe it is,) you fee that thcfe rights of judicature are, or may be^ pro- ductive of pecuniary emoluments to the feignior by thefe efcheats of fome of his tenants lands, and, confequently, according to your own man* nerof interpreting the aforefaid 37th article of the capitulation, ought to be fuppofed to be comprehended under it. For, if they are not comprehended under it, but are fuppofed to be refufed and abolifhtd, the feigniors will, to- gether with them, lofe the concomitant cafual emoluments that might otherwife arife to them from thefe efcheats of their tenants lands. ^*Li pn ,..'fii FRENCHMAN. I believe it to be true, as you fay, that the feigniors that have the baufe juftice^ (which is the higheft of thefe powers of judicature,) have alfo, in confequence of it, a right to the efcheats you mention. But this, in my apprehenfion, creates no obligation on the king and parliament of Great-Britain to preferve to I them .!,!- •■* I ,!■ i 66 ] theih thefe rights of judicature, if they think them not beneficial to the province, provided his Majefly will be gracioufly pleaied to give thefe feigniors this right to thefe efcheats with- out the exercife of thefe obnoxious powers. For then they will have the contingent emolu- ments arifing from thefe powers, for the fake of which emoluments only it can be pretended that thefe powers ought to be comprehended in the aforefaid 37th article of the capitula- tion. This will be a very fmall facrifice for the crown to make for the peace and fatis- fadtion of the province, thefe efcheats being fo exceedingly rare that the average value of them in the befl feigniory in thc^province would probably be extreamly trifling, or, rather, be- low all eflimation. This, therefore, is an ealy way of getting rid of this pretence for keeping up thefe leigneurial jurifdidtions. ^[ \?T ENGLISHMAN.. ' , I really think, that would be a very proper meal'ure in the crown, and would, as you ob- fcrvCj take away ail pretence for complaining that the fuppreffion of thele juriididions would be inconiiftent with that 37th articic of the i capitulatioiie [ 67 1 capitulation. And, if there are any other pe* cuniary emoluments attending the exercife of thefe jurifdidtions under the reftridtions ob-p ferved in the time of the French government, (for to no other exercife of them can the feigniors have the lead prtience upon any ground,) i( would, I doubt not, be very eafy to find fome manner of making the feigniors a pecuniary compenfation for them, which fhould, with little or no expence to the government, greatly over-balance all the lawful emoluments arifing from the exercife of thofe jurifdidtions. I have two methods of doing this at prefent in my mind: but it is not worth while to trouble you with the mention of them, becaufe I ani inclined to think that thefe feigneurial jurif- didlions are attended with no other pecunia- ry emoluments than the right to thofe cafual efcheats that have been already fpoken of. And therefore, I now fee no difficulty arifing from the aforefaid 37th article of the capitulation in abolifhing thofe jurifdidions, if the exercife of them is likely to be prejudicial to the pro- vince, or is likely to be thought fo by the ma- jority of its inhabitants : for ^11 governments ought certainly to be carried on in a manner that is agreeable to the people. 1 2, FRENCIK i^ M. ■'■:.■ SI I ■ ',1 ■• S:S' 'a .'A ■rm f 68 ] ' FRENCHMAN. That maxim is both a juft and a wife one. It is juft, becaufe all governments are infti- tuted for the benefit and happinefs of the pec-* pie governed -, and it is wife, becaufe the ob- fervation of it tends to preferve peace and bar* mony in the flate, and a chearfql obedience to the rulers of it. And in purfuance of this maxim I will venture to fay, that it is highly expedient that thefe feigdeurial jurifdidions fliould be formally fupprefled. For, I muft repeat to you what I faid before, that the very poffibility that our feigniors may one day re- fume the exercife of thofe powers of judica- ture is alarming and difagreeable to us. And certamly, if they were to refume them, and an aflembly of the people was to be eftabliflied in the province, whether of the form you have juft now fuggefted, and which feems the beft fuited to this province, or of any other form whatfoever, the exercife of thefe powers of judicature would give the feigniors fo great an influence over the freehold tenants of their refpedtive feign iories that they would hardly dare to give tlieir votes freely, and according '-' ^ ' " '"" " . • [' 'to II [ 69 ] to their real fentiments, where they happened to be of a different opinion from the feigniors upon any fulgedl in which the latter took azealous part. So that the fuppreflion of thefe jurifdidtions is a neceflkry preparatory circumftance to our en- joyment of the benefits of an afTembly of the people : and I am fure the whole body of the freeholders of the province will efleem it fo. ,: ENGLISHMAN. ' ; If they all think fo, that is enough for me ; and, in compliance with their wifhes, even though I had not agreed with them in opi- nion concerning the dangers they apprehend from thefe powers of judicature, I (hould wifh to fee them abolifhed. I therefore join with you in hoping they will be fo : only I hope that, when they are, the obligations on the crown, arifing from the capitulation, will be fully and candidly confidered, and, if any com- penfation is neceffary to be made to the feigniors for the deprivation of thefe jurifdidions, that it will be made them in a manner that fhall be confiftent with juftice and the honour of the Englifh nation, ._ ,,-..,, V .-I.:! im "■' ' *il '.r'm I ^''^IjS '•'."■ Hit ' ' '■■ ■■•^+ *J i^iP ml r'tlia •i' FRENCH" i. 1-^ [ 70 ] »-,, FRENCHMAN. ^ You are mighty fcrupulous about this mat* tcr. For my part, I have no objedion to their | having a compenfation for thefe jurifdidtions, if juftice requires that they (hould have one : but of this I doubt: for the reafons above- mentioned. However, if, upon a more exadl inquiry into the matter, they fhall be thought to be intitled to fuch a compenfation, I am perfuaded, that it can be but a fmall one. And I have no n^anner of doubt, that five Engiifh guineas, together with a grant of that right to the efcheats of their tenants lands, which we fpoke of a little while ago, as be- longing to thofe feigniors who have and exer- cife the baute juftic^ in their feigniories, would be more than an equivalent fqr all the pecu- niary emoluments that can juftly arife tp the feignior from the exercife of thefe powers of judicature in the largefl and bed feigniory it^ the province : 1 fay, for all thp pecuniary emoluments: which are the only advantages at-* tending thefe jurifdidlions, for which I think them intitled to a compenfation. How to Ipftimate the lofs of dignity they will fuffer by [ 71 ] an abolition of thefe powers, that is, the de- privation of the pleafure of domineering over and harraffing their poor tenants by means of them, I confefs, I do not know : but for this lofs I am clearly of opinion, that they are not intkled to any compenlation ; becaufe, if their rights of judicature are preferved to them at all by the aforefaid 37th article of the capitu- lation, they are preferved only fo far as they are a part of their goods, or property, or are productive of pecuniary emoluments to them. But we have faid enough upon this fubjeCt, which has too long interrupted you in the ac- count you were giving me of the charter of the province of MafTachufets bay, and the al- terations which the parliament has lately made in it. I beg, you would proceed in your ac- count of that affair, and make me acquainted with the caufes of the great difiatisladion it has created throughout all America. You had explained to me the nature of the affembiy of the Maflachufets bay, the number of its mem- bers, and the manner of chuling them, but had not faid any thing of the council of the province, excepting that it confifted of 28 members. m ■■>m ■ i' ii m <«»• t Hi members. Pray, how were thoie members appointed ? .7 ('■• !■„ ^. ,.. ENGLISHMAN. of the They were chofen every year by the whole the pro- ° general court, that is, by the affembly and the the Mafia- members of the council for the preceding year chufcts voting all together ; and then they were pre- fented to the governour for his approbation. If he approved them, they became members of the council for the next year : but, if he rejedcd them, the aflcmbly and the members of the old council were to proceed to a new eledlion of other perfons to be prcfented in like manner to the governour for his approbation j and thefe eledions were to be repeated till fuch perfons were chofen as the governour (hould approve. Thefe eleftrons were to be made on the firft day of May in every year, which was the day on which the new affembly poft, and there- fore rung a bell for afliftance to fupport him in it. Upon this captain Prefton, an officer of merit, and a guard of twelve foldiers, came out to his affiftance, and placed themfelves near him for that purpofe. The mob, which con- fifted of about an hundred men, continued their infults on the centinel and the other fol- . : diers, Of the di- fturbance ac Bofton dierfi, and proceeded fo far in their fury as to pelt them with large lumps of ice, and even toilrike fome of them with flicks or bludgeons, which provoked them to fuch a degree that, without any order from their officer, they, of their own accords, fired their pieces at their aifaulters, irregularly and one after the other, partly from a motive of felf-defence and partly from a fudden and natural refentment at the ill ufage they had received : and by this fire Bye of the ringleaders of the mob were killed. 'The increafe of the number of riots at Bofton foon after the removal of the firfl two regiments from it, made the friends of government, and this gentleman among the reft, apprehenlive of fome fuch fatal misfortune; and therefore they were fbrry that they had been removed. I have mentioned thefe particulars concerning the gentleman I here allude to, in order to fhew that he was not a factious and difcontented man, or an enemy to government in general -, though it muft be conff.Ged he did not approve the ftamp-adt, nor the principle of taxing the in- habitants of that province by the authority of the Britifh parliament. He was therefore, upon the whole, as I conceive, as impartial L and 5'. :' ■ ■ V U}, .It .Mi 1 '1 •iS'fS HI 111 11 1 1 1 1 i i 111 III m '■■ ^ III III ' HI and candid a witnefs as could well be chofen to give a true account of the ufual temper and condu(5t of the council of that province on the unhappy occafions of difputes between the governours and aflemblies. And he gave me the account I have above related. He ipoke of times antecedent to the ftamp-a(3:, as you, I think, propofed the queftion. For he acknowledged that lince that adt the council had been very languid in their endeavours to fupport the governour's authority, and had fometirnes even joined with the aflembly in their complaints and remonftrances againft the meafures he efpoufed. But this he thought was not to be afcribed to their dependance on the aflembly for a re-eledlion, (fince on former occafions that dependance had not produced the 'ame effeft,) but to the general prevalence of the opinion that the Britifh parliament had no legal right to tax the inhabitants of that province, or, if they had fuch a right in point of ftridt law, th^ it was not equitable in them to make ufe of it ', which opinion he conceived to have been that of the members of the Icv^eral councils of late years, that had difagreed with the governours, as well as of a vaft majority of thn This v^^as a very bold piete Of advice. For, though it fliould have beeh true th^t the eouncil was too much influenced by its de» pendance on the aflembly, and all the fenfibte ftien in the province fhould have perceived tfiint it was fo, and have wrfhed that the council had originally been made more independent, yet I fhould think they would not like to have its conflitution altered without their own confent by the authorky of fuch a difiant legiflature a$ the Britifh parliament, over whofe proceed- ings they had no influence or controul. The power of changing their charter for the better, otherwife than at their own requeft, would involve tn it, as they would naturally fuppofe, |he ,T', 111 1) ' ■ •■''fca ■ "1 ) -'4 1 ':'J m ' ?|''^- Id! I IP i' >m M r.t I M: ■; ''I it) 1 m ",: f 86 ] , the power of changing it for the worfe, which they might fear would be ufed on fome other occafion : and therefore I fhould have expedted that they would be greatly difpleafed at any alteration in their charter that ihould be made without their own confent. t ',iii4 «. r*'' ^-%.. ►f ENGLISHMAN. . It was certainly to be expeded that fuch a meafure would greatly difpleafe them. And the miniftry of Great-Britain feemed for a long while to be apprehenlive that it would do fo. For, notwithflanding the fuggeftions of the governours of the province, they for a long time forbore to meddle with the charter, even till the unfortunate affair of the deflrudion of the tea at Bofton in December, 1773. But that adt of violence threw both the whole miniftry and parliament of Great-Britain, and, one may almoft fay, the whole Britifh nation, into a fit of indignation and fury againft the Americans, which lafted throughout the whole feffion of parliament in the Ipring of the year 1774, and produced a feries of adts of parlia- ment that favoured of the temper in which they were framed, being every one more fevere and • r 87 ] and vindidive, and alarming and irritating to the Americans, than that which was next be- fore itj from the bill for (hutting up the harbour of Bofton, which was pafled the firft, f.o the Quebeck bill, which concluded them. . FRENCHMAN. Pray what induced the people of Bofton to commit fo great an outrage, by which they were fo likely to draw upon themfelves the refentment of the mother-country ? And what do they alledge in juftification of fo violent a proceeding? ENGLISHMAN. All their arguments in juftification of this proceeding turn upon the grand point which has been fo warmly contefted of late years between Great-Britain and her colonies in Ame- rica, the right of the Britifti parliament to impofe taxes on the Americans. Had this point been clearly fettled, either in the affirma- tive or the negative, between Great-Britain and her colonies, that adt of violence would never have been committed. But, as that right was infifted on by Great-Britain and politively denied by IIP p.. a: :.'l m A- m of the grounds upon which the Americans pretend that the parliament has no right to tax them. I 88 1 :by the Americatis, the endeavour to carvy it into execution has met with a reddance from the Americans, which they confider as being lawful, becaufe it is made to an illegal exertion of power, ; FRENCHMAN. Pray, upon what ground do the Americans deny the right of the Britifh parliament to tax thjcm ? For we, Canadians, have always been j toW that the Britilh parliament, confiding of j the King, the ,Lords, and the Commons of Great-Britain, are the fupream legifl^ture of Great-Britain and all its dependencies; and accordingly we think ourfelves bound to fubmit to the late adt of parliaoient for regulating the government of this province, notwithftanding we much didike it ; and, as to the other adt of parliament, for impofing certain duties onfpi- rituous liquors in this province, which was pafTed at the fame time as the former, I have heard no complaints at all againd it either from the Canadians or the Engli(h inhabitants of the province. We edeem the duties then^felves to be moderate and judicious, and fuch as it is reafonable the province ihquld pay towards the -f maintenance inaintenance of its own civil government, and wc confiderthe authority of the parliament, by which they were impofed, as indifputably adequate to fuch an operation. Our notion of the change made in our political fituation by the conqueft of the province in 1760 is thisj that, whereas we were before ftibjedt to the fingle authority of the king of France, who might tax us and make laws for us in the manner he thought proper, we have (ince that time been fubjedt in the fame degree to the joint authority of the king and parliament of Great- Britain, whofe power in Great-Britain is, as we have been informed, full ^s extenfive and uncontroulable as that of the king of France is in France, And by this change we conlider ourfelves as being gainers, becaufe we think that a legifla- ture confiding of a King, a Houfe of Lords of more than two hundred menlbers,^and a Houfe of Commons of more than five hundred members, having each of them ai negative on the refofutions of the other two, are lefs likely to pafs afiy adls by which we may be injured and o[i^)refled, than a king alone would be, who might be eafily impofed upon and led into bad meafutes by artful and wicked minifters. •' M ■ 5:ng. ::i'1? ! ^ 'I n 'Mr; \ •: ts v.;ii' i IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 ut lU 122 iM 12.0 Hiotographic Sciences Corporation 23 VraST MAM STRHT WnSTII,N.Y. USM (7l«)t72-4S03 [ 90 ] w/L f ; ENGLISHMAN. ►• • • * : t-.:Tt » ^, "t I intirely approve of your notions of the prefent political (ituation of the province of Qjieb^ck* It is the lame witli that which I haveal^w^ys entertained myfelf upon that fub- ]efx^ It would ipdjeed he ailrange define to iky that, when a .CQ^untry has been conquered by the Bijitifh arn^s»,an(l afterwards formally ceded to the crown of Great^Britain, (as this has b^en,) it fhoiifd not become ful^jed, in ^pp^nt of legifl^tipn and taxation aqd every ipecies of political goyernrpent, either to the king alone or to the ;king and parliament con^ jointly. The pnly doubt which has bepn for- inerly made upon this fubjedhas been whether the kin|; alone did not, upon the conquefl and ceffipn oJF a coui^try to the crown of Gr^at- Britain, become intitled to t^e whole power of government over it, without the concur- rence, or interference, of the, parliament. And many £ngli(h lawyers have formerly been of opinion that the king did become in^if |ed to this power. But the other opinion, of t^ ^ight of the parliament to a (hare of the legifuitive au- thority over fuch new-acquired country as well as . -t*!.*. f 9« 1 as over the ancient pbflefliohs of the crown; feems to be more rea(bnable, and» I think, is more generally adopted at this day. .<:..; ;. ^^ FRENCHMAN. ^ '^T. Since that is the opinion that now prevails, how comes it that the Boftonians and other £ngli(h Americans pretend that the king and parliament have no power of impofing taxes upon them ? They would not furely chufe to be taxed by the king's fingle authority, without the concurrence of the parliamentr . ENGLISHMAN. No : by no means. That they would con- fider as a much worfe condition than the be- ing fubjcdl to the king and parliament con- jointly; though fome of their writers have now and then, in the heat of argument, de- ^ared that, of the two, they would rather chufe to be fubjedt to the king alone, in point of taxation, than to the king and parliament conjointly. But in this they could hardly be fincere ; or, if they were, it was probably only a momentary fentiment, while their minds ^ere full of indignation againfl the thought of ' ' M 2 being if ? i i [ 9« ] being taxed hy die parliament, and not their fettled and deliberate opinion, or, at lead, not that of the greater part of the Americans. However, they exprefsly reject both thefe au- thorities, and infift that no taxes can be law- fully levied upon them but by their own le- prefentatiyes, chofen by themfelves for that purpofe, in the ajfTemblies of their refpeftive provinces, which they conf;der as fo many fe- parate parliaments, that have the fame legal powers in their refpedive provinces as the 6ri- tifh parliament has in Great-Britain. FRENCHMAN. This pretenfion of theirs feems favourable to liberty, but prejudicial to the unity pf the Britifli empire. For, if there is no common legiflature whofe power extends over all the dominions of the crpwn of Great-Britain, thoie dominions cannot properly be faid to make one fiate, or great political community, but are rather an affemblage of feveral feparate (lates under the fame king, or executive magiftrate. This mufl produce a variety of counfels in the fe- veral parts of die Britidi empire, which muQ: tend very much to leifen the weight and iq^ fiuence I 93 3 ilaence they would have if they a^ed under one fupream legiflathre head. Bat, pray, upon what rcafons do they found this pretenlion of being exempt from the legiflative authority of the Britiih parliament ? Is there any thing in their charters that countenances a claim of this kind P or do they maintain it only upon general principles of equity and liberty and the rights of nature? ^ - ■ * - v ' ' /vA;. v;> ENGLISHMAN, -i -a They ground their claim upon both thefc reafons, but principally upon the latter, the general principles of equity and the law of nature ; which indeed is by much their be(l: argument. For their charters afford little ground for this pretenlion, as I (hall leave you to judge when I have ftated to you the manner in which they argue from them. In both the Anargu- charters of the Maflacnufet's bay, the old and American*- the new one, and in moft of the other char- from their tcrs of the American colonies, there is a claufe inferted that declares that the children of the perfons who fhall go and fettle in thofe co- lonies (hall have all the privileges of Englifh fubje^s born within the realni ©f Endand. The %'\ ?!!! i I 94 ] The chaiCc in king William's charter to the inhabitants of the MafTachufet's bay is in thefe words: " And further ^ our will and pleafure isy and we do hereby , for us, our heirs and fuC'- cejorsy grants ejlablijhy and ordain^ That all and every thejubjeSls of us^ our heirs and fuccefforsy which Jljall go to, and inhabit within, our Jaid province or territory, and every of their children which /hall happen to be born there, or on the feas in going thither or returning from thence, Jhall have and enjoy all liberties and immunities of free and natural fubjeSls within any of the dominions of us, our heirs and fuccejfors, to all intents, conflruSlions, and purpofes whatfoever, as if they, and every of them, were born within this our realm of England^ The plain meaning and defign of this claufe was to prevent the children of Engliflimen, who fhould go from England and fettle in the province of the Maf- fachufets bay, from being confidered as fo- reigners and excluded from the privileges of natural-born fubjedts of England, fuch as the right of purchafing land in England and of holding offices of trufl and profit, and the like, which it might otherwife have been doubted whether they were intitled to. Yet> from this daufe lUH of ' [ 95 3 claufe fome of the Am'^rican writers have at-^ tempted to derive a proof that they are exempt- ed from the authority of parliament with re- fpedt to taxation, by the following train of rea- ibning. The American colonics are intitled» fay they, by virtue of this claufe, to the fame privileges as the inhabitants of old England. But the inhabitants of old England are intitled to be exempt from paying any taxes but fuch as granted to the crown by themfelves or their reprefentatives, chofen by themfelves, (or by fuch among themfelves as have freehold land of the annual value of forty (hillings,) in the commons houfe of parliament. Therefore, the Americansare intitledinlikemanner tobeexempt from paying any taxes but fuch as are granted by themfelves or their reprefentatives, chofen by themfelves, in the aiTemblies of their refpedtive colonies. This argument is rather a bold than an artful one, fince the fallacy of it is fo ex- treamly evident that it can hardly efcape the lead difcerning reader. For, it fails in the very £ril proportion, which affirms, that, by virtue of the aforefaid claufe, the American colpnifls are intitled to the fame privileges as the inha- bitants of old England. Now, this claufe has not 11 1 ■ , 1 i , 1 '' i wt *' , i !(' 1 : M» ; ' . *' , Wk 1 1 (1 ■'''"^BB , ,1' :' ■ Ml i-*' ( ■ j'-^iHI ■^ % \ ;* it • • X 1 Wimk m 1 m y i IIP !■ ■ 1 W: '/ f ^a'M t k H' i V ^^mI ;iHlii HI Another treument of the Americtns derived from their charters. t 96 ) not the lead relation to the degree of their po«-^ litical freedom in their own province, btrt barely to their condition when they (hall come to England, or go to fome other dominion of the crown of Great-Britain that is out of their own province ; and in that caie it provides for their enjoyment of the fame privileges in Eng- land, or fuch other dominion of Great-^Britain, (notwithilanding their having been born in America,) as if they had been natives of Eng- land. The degree of their political liberty in their own province is determined in the other claufes of the charter, which fettle their right of chufing their reprefentatives in the afiemh bly, the right of their afTembly to chufe the council, the powers to be exercifed by the governour, and the governour and council, and by the governour, council, and aiiembly, and, in fhort, by almod every claufe in the charter, except that which they adduce in fupport of this claim of an exemption from the parliament's power of taxing them. --'^:* *■ - . • ,■■■'■ ,-■> . I' • < ' ' i- ;,i But there is another argument in fupport of this claim, which they alfo derive from their charter, and which is much more plaulible than than by ar the I provir peopl( or vii any r them. tax us diftind But I abfurd by twc tures, he bel( countri taxed b occafioi land pe< the mai Londor paving a third commo the par of the in [ 97 ] than the former, though not, in my opinion, by any means conclufive. Their charter gives the governour, council, and affembly of the province a power to raife money upon the people 5 which they contend to be an implied^ or virtual^ exclufion of the parliament from any right to exercife the fame power over them. For, fay they, if the parliament may tax us, we (hall be liable to be taxed by two diftindt legiflaturesj which is abfurd and unjuft. But I confefs, I can fee neither injuftice nor abfurdity in a man*s being liable to be taxed by two, or even by twenty, different legifla- tures, if fuch is the conftitution of the fociety he belongs to. And 1 believe there are few countries in which a man is not liable to be taxed by feveral different authorities on different occadons and for different purpofes. In Eng- land people are taxed by one fet of men towards the maintenance of the poor ; by another, in London and many other great towns, towards paving the ftrcets and lighting the lamps ; by a third in corporate bodies, towards the joint or common cxpences of the community j and by the parliament towards the general expences of the nation^ fuch as the maintenance of the -:. I N fleet, •.,-;. \'A r ■I. *>t ♦ Nl 1 t 98 ] flefit, the army, the publick arfenals and fort- refTes, the adminiftration of judice and the fupport of the king's houHiold. There is nothing in ail this that is either abfurd or unjufl. Unlefs therefore the claufes in the American charters by which the goyernours, councils, and allemblies are impowered to raife taxes upon the people, contain fome clear and exprefs words that exclude all taxation by any other authority, it will not follow by mere implica- tion, from their having fuch a power, that the parliament has not likewife an authority to raife taxes on them, when the publick exi- gencies of the ftate require it. We muft therefore examine the charters of the feveral provinces of America that have charters, (for fome of them have no charters, but are go- verned merely by the king's commifHons,) in order to fee whether they contain any clear and exprefs words of exclufion of every other method of taxation, except by their own aiTem- blies. Now, if we do this, we fhall find one, and but one charter in all America in which there is any appearance of fuch words of ex- of the clufion : and that is the charter of Maryland. Maryland. In that charter, which differs confiderably from moft fi^ »l [ 99 1 moH; of the other charters on the continent, (being a grant to the lord Baltimore, made by king Charles I. in the year 1632, of a tradt of country to be holden as a county palatine,) there is a claufe that perhaps may be thought to amount to an exclufion of the right of par- liament to tax the inhabitants of that province, or to a promifc on the part of the king and his fucceffors, that they never will give their aflent to any bill that (hall be propofcd to them in the Englifh parliament for taxing them. It is in thefe words : ** And Jurther^ our pleajure is, and hy thefe prejents^ for us, our heirs and fuccejjbrsy ive do covejiant, and granf, to and with the f aid lord Baltimore, and his heirs and ajjigns, that we, our heirs and /uccejfors, Jlmll at no time hereafter fet or make, or caiife to Jet, any impofition, ciijlom, or other t aviation, rate, or contribution whatfoever, in and upon the dwellers and inhabitants of the aforej'aid province, for their lands, tenements, goods, or chattels, within the faid province, or in and upon any goods or merchandize within the faid province, or to be laden or unladen within the ports or harbours of the faid province,'* By this claufe the king covenants with lord Baltimore, that N 2 be 9M^ 1 t-'' ',1.1 r h".(l ■1 r :i ! 1 ^^■it' 11 1 II ffM If C 100 ] h win netfet^ or caufe to fet^ any impofition, or taXf upon the people of Maryland i by which it may be contended that he meant to tie himfelf up from aiTenting to any bills in parliament for taxing them. Yet I much doubt, whether that was the true meaning of this claufe, be- caufe the king's giving his afTent to a tax-bill is not properly Jetting a tax^ or caufing otben to Jet it^ but is accepting a free gift from the people, made in their names, and for them, by their reprefentatives, or agents, the mem- bers of the houfe of commons. For the form of giving the royal afTent to fuch a bill is not by thcfe words, " Le Rot le veut" which are the words ufed in giving the royal afTent to any other bill, but by thefe words, ** Le Rot re^ merciefes bonsfujets^ et accepte leur bienveillance\* fo that the king can hardly be faid to have fet a tax, or caufed others to fet it, when he has given the royal afTent to it. Another reafon why I doubt whether the foregoing claufe is to be underflood as a promife on the part of the crown never to confent to a bill of the Britifh parliament for taxing the inhabitants of Mary- land, is this. The king at this time governed the nation by his own abfolute authority with- ... out out a parliament, and had publlckly declared^ by a proclamation made three years before the pafling this charter, that he did not intend to call any more parliaments; which refblution he kept for eleven years together, from the year 1629 to the year 1640, governing all that time in an illegal and arbitrary manner, and caufing many cruel punifhments to be inflidled by certain courts of jufticc which were then in being, and which were intirely devoted to his pleafure, (but which have been fince abo- lifhcd,) on all thofe perfons who prefumed to find fault with his government ; till at lad he drove his people into that famous civil war, which, after various fucceffes during four years, ended at lad to his difadvantage, and was fol- lowed firft by his being imprifoned by his own * vidtorious fubje£ the MafTachufets bay in the year 16929 chufeti y^hich we have, had frequent occafion to fpeak of already. The only ^laufe in this charter ^at has any relation to t)ie,raifing nioney upon the inhabitants of the province^ is in thefe words. " .4rui we 40i for us, our heirs and fuccejfors^ give and grant, that the Jaid, general court, or ajfembly, Jhall have fuU power and authority to impofe and levy proportionable and rea/onable afjejjments, rates, and taxes, upon the ejlates and perfons of all and every the pro^ prietors, or inhabitants, of our /aid province^ or territory, to be ijfued and difpofed of by warrant under the hand of the governour oj our /aid pro- vince for the time being, with the advice and confent of the council, for our fervice in the ne- cejfary defence and fupport of our government of our Jdid province or territory, andthe proteSlion and prefervation of the inhabitants there, accor- ding to fuch aSts as are or Jhall be in force within our faid province** Here are no words that exclude the authority of parliament to impofe other taxes on the inhabitants of that province. On the contrary, the words of this ^is < fiofin] of tF grant tinqe Ihep to^< powei whatf and fi faid ] aiTeml clined towan or to^ .fleet o or Po the pi it is fubjedi propoi that and k andiii high point© t to that this j^is daufe afford a reafonable ground for lup aofing that it was the4nt«ntioti of the framers of this charter^ and of king Willlanii ifOho granted it, tliat diofe inh^tants ihoukl con* tini|c Aibjedt to parliamentary taxatioQ. Fbr the power of ra^ng monoy 4Dn .tbcm gFatit€4 to die dTemhly by thi« dauft is liot a gen«rcil power of raiiing k for any^ publidk |>u^po(e wjtiatfoevpr> but only for t^he nece^ry delence and fupport of ^h^ king's goverjinient of the faid province. Suppose therefore that the ailembly of the Maffachufets bay were in- dined to cont|ribute a certain ikm of money towards the expence of th& king's houfhold^ or towards the maintenance of the Britifh .fleet or army, or the fortifications of Gibraltar or Port Mahon, (all which are branches of the publick expence of the nation to which it is reafonable that both they and all othe^ fubjeds of the crown fhould contribute in proportion to their abilities,) and to diredt that this money fhould be fene to England, and lodged in the king'^ exchequer there, andifTued by the warrants of the king's lord high treafurer, or of the commifHoners ap- pointed to execute the ofEce of lord high treafurer. m I ; ! f "0 ] tre&Cmtr, for the feveral purpofes for which it had been granted i—fo much to the king forhi^civil lift; fo much to the treafurer of the Ji^vy for the fupport of the* ileet ; ' fo much to the.paymaAer of the army for the fupport of the army ; and {o on ^ 1 fay» if the ailemhly. of the Ma0achufe^s bay were to be diipofed to do the(e equitable and. generous adlionst they wo^l.d not have a legal right tdTdi^ them by^means of the aforefaid claufe in.-tbjsil: charter J . becaufe they are thereby i^powered . only to raife money upon the inhabitants of the province \/^fi the mcejj'ary defence and fupport of the government of the faid province y andithe proteSiion and prefervation of itiinhabitants. Yet. thefe contributions to the general expences of the Britifh empire are in themfelves reafonable and proper, and fit to be made by the people of the MafTachufets bay, asv^rell as by all the other fubjeds "of the crown, as foon as they fhall be in a fufE- cient ftate of opulence to be able to make them : and king William, and the framcrs of the charter he granted to that province, mufl: necelTarily be fuppofed to have thought them fo. And therefore, as he thought fit to give, by U» -J H t I" 1 by this charter, to the aflembly of this pro- vince only a limited power of railing money upon the inhabitants of it for the ufe of die province itfelf, it is reafonable to conclude that he fuppofed they would continue liable to be taxed by the English parliament to- wards thofe other and more general branches of the publick expence after they had re- ceived this charter as well as before. And if to this way of reafoning upon this fubjeft (which feems to me to be a very fair one) we add this other confideration, that this charter to the MafTachufets bay was granted ten years after the charter of Penfylvania, in which the power of the Englifli parliament to impofe taxes on the inhabitants of it is exprefsly recognized, notwithftanding the pri- vileges granted by that charter to William Penn and his followers are in other rcfpeds uncommonly extenfive, it will be almoft im- pofiible to conceive that the aforefaid clauie in the charter of the Maffachufets bay (by which the aflembly is Impowered to raiie taxes for certain purpofes on the inhabitants^) was intended by king William to exempt them from parliamentary taxation. And - . there p !!' it'. V t.' ' i.l i,f im ! I'J ■ ! '■m V;\' ii.Iii , :■■ ' Iheit 18 nb other claafe in this chtitter thai has any relation to thii fubjedl. W^ mtty therefore conclude that the inhiabitdnM of the Maflachtifeti bay are not exem)>ted by their charter froin the obligation of paying the taxes which the B^itifh parliittneiit (hall impofe \ip6h them. willing, commanding and re- quiring, and by thefe prefents, for us, our heirs and fuccejfors, ordaining and appointing, that all fuch laws, fiatutes and ordinances, inJlruSlions, impqfttions and direSlions^ as fijall be fo made by the thegoz ajorefa commoi kept, p to the t thefe ou pliHcati officers, timey ft fiatutes, in due t cffors, L And I of Rho Jurther, knowledge the J aid ^ lonyofRt, NeW'Eni That the ^ permijjion pany, for of the fret afot ejaid csfiMll It [ "5 I tbegovermur^ defuty-gvoemour and aJDiftanU^ as The fnui q/orefaidy and publiJJ^ed in writing under their i)e pub- common feal^ Jliall carefully and duly be obferved^ writing . kepty performed y and put in execution, according ^hcircom- to the true intent and tneaning of the fjgme 5 and °™°" ** ' thef'e our letters patents, or the duplicate or exem^ plification thereof, Jl:all be, to all and every fucb officers, fuperiours and inferiours, Jrom time to time, for the putting of the fame orders, laws^ Jlatutes, ordinances, inflru6lions and direSlions^ in due execution, againjl us, our heirs and fuc^ cejfors, a fujicient warrant and discharge r , And the claufc for this purpofe in the charter of Rhode^iiland is in thefe words. '* And Conftitu- Jurtber, we do of our ejpectal grace, certatn general ai- knowledge, and mere motion, give and grant unto the Jaid governour and company of tie Engli/h co^ lony of Rbode-ifland and Providence plantations, in New-England, in America, and their fucceffors, That the governour, or in his abfence, or by his permijfion, the deputy-governour of the Jaid com- pany, for the time being, the aJJUlants, and fuch of the freemen of the faid company as Jhall be fo as afoj ejaid eledled or deputed, or fo many of them cs Jhall he prefent at fuch meetijig or ajjembly, cs P 2 ajbrefaid^ .'I**!-' fn- :-ui fi . I %\ Ml' i1 E Il6 ] of orefaiiy Jhall he called \\it general aflemblyi Powers of ^j^^ ffj^f fhey^ or the greatejl part of them then affcmbly. prefent, (whereof the governour, or deputy-go^ vernoury andjix of the ajjijlants at leafly to be fevcnj Jhall havey and have hereby given and granted unto them, full power and authority, from time to timey and at all times hereafter y to appoint y alter y and change fuch daySy times and places of meetingy and general affemhlyy as they f:all think fity and to chufey nominate afid appoint fuch and fo many perfons as theyjldall think fity and Jhall be willing to accept the famey to be free of the faid company and body politic y and them into the fame to admit y and to eleEly and conflitute fuch offices ' and officers, and to grant fuch needful commifjions as they fiall think fit andrequifitCy for order ingy managingy and difpatching of the affairs of the faid governour and company y and their fucceffors-. Power to cndy from time to timCy to makcy ordainy confli- make laws ^ i r i i n i and ordi- tutCy or rcpeoly fuch lawSy ftatitteSy orders and nances not ,. , , . , repugnant ordwanceSy forms and ceremonies of government of Eng- andmagijlracyy as to them Jhall feem meet, for the good and welfare of the faid company y and for the governmetit and ordering of the lands and hereditaments herein after mentioned to be granted y and of the people that do, or at any time hereafter fall land. ffoall laws^ not c may, Engl of th pointy places deterii things plants depenc to difi. titleSy office a to com attefla be agr of our nvith r and du places I /;/ com way an of truj the ma for and tedy %fter [ "7 ] Jl^all inhabit y or be within the fame ; fo as fucb laws, ordinances J and confUtutions^ fo made, be. not contrary and repugnant unto, but, as near as may, agreeable to the laws of this our realm of England^ conHdering the nature and conflitution of the place and people there j and alfo, to ap- power t» point, order, and direB, ere£l and Jettle juch o?j^dS* places and courts of jurildidlion, for hearing and *"'^' determining of all alliens, cafes, matters and things, happening within the jaid colony and plantation, and which fiall be in difpute, and depending there, as they Jhail think fit 5 and alfi to diflinguijh and fet jorth the feveral names and titles, duties, powers and limits, of each courts office and officer, fuperiour and injeriour-, andalfo^ to contrive and appoint fuch forms of oaths and atteftations, not repugnant, but as near as may be agreeable as afore jaid to the laws andjtatutes of our realm, as are convenient and requifite^ with refpedl to the due adminijtration of jufticey and due execution and difcharge of all offices and places of truft, by the perjons that fhall be there^ in concerned j and alfo to regulate and order the way and manner of all eledlions to offices and places of truji, and to prefcribe, limit and diftinguifh the number and bounds of all places, towns and cities. l! * w mm ?i Reference to other corpora- tions with' in the kingdom of £ng. land. r ii8 ] cities^ with the limits and bounds herein after mentioned^ and not herein particularly named^ Viho have or Jhall have the power of eleSiing and fending of freemen to the faid general affemhly ; and alfo to order, diredi and autho^ rife, the impojmg of lawful and reafonable fines, mulSis, imprifonments^ and executing other puniJhmentSy pecuniary and corporal, upon of-- fenders and delinquents, according to the courfe of other corporations within this our kingdom of England j and again, to alter, revoke, an^ nul or pardon, under their common feal, or otherwife, fuch fines, mulcts, imprifonments, fentences, judgments and condemnations, as Jhall * he thought fit j and to direSl, rule, order and difpofe of all other matters and things, and particularly of that which relates to the making of pur chafes of the native Indians, as to them fkall feem meet ; whereby our faid people and inhabitants in the faid plantations, may be fo religioufiy, peaceably and civilly governed, as that by their good life, and orderly converfa*' tion, they may win and invite the native In^ dians of the country to the knowledge and obe^ dience of the only true God and Saviour of mankind'^ willing, commanding and r quiring, , .^x^'i end t "9 1 and by tbefe prefents^ for uSy our heirs and fuccejfors^ ordaining and appointing, that all fuch lawsy ftatuteSy orders and ordinances^ in^ ftrudiions^ impofitions and direSfions^ as Jhall he fi made by the governour^ deputy, aljijtants and freemeny or fuch number of them as afore" faidy and publijhed in writing under their com^ mon fealy jhall be carefully and duly obferved, kepty performed and put in execution^ accord^ ing to the true intent and meaning of the fame. And tbefe our letters patents, or the duplicate or exemplification thereof, Jhall be to all and e*very fuch officers, fuperiour or inferiour, from time to time, for the putting of the fame orders, laws, ftatutes, ordinances, inftruBiom and direSiions, in due execution, againft us, our heirs and fuccejfors, a Jufficient warrant and dif char gel* It is only by virtue of thefe claufes in the charters of Connedicut and Rhode-Ifland that it can be pretended, that the aiTemblies of thofe provinces have any power of railing money upon the other inhabitants of them, and this by an indirect method of reafoning, that is» by coniidering this power as a branch :,.•. > . of ^ m n 1 \ H 11 i H i i '■'^i VH' 4 I M ''^^Hb :il ' p^^H i 7. I't-iJIli 11'i'. ^'■liiii k- ' %-^M t 120 ] of the power, given them by thefe claufes, of making laws and ordinances for the good government of the province ; which is but a doubtful and uncertain way of conveying to a corporation fo important a power as that of raifing money upon the members of it, and fuch as would not, I believe, be allowed to be valid in the cafe of a new charter that fhould be granted to a corporation. And this power of making laws feems to be of a very limited nature, and to relate only to the making fuch new oiFences as ihall be punifhed by fines or imprifonment, and not fuch as fhall be , punifhed by lofs of life or limb, and has an exprefs reference to the powers granted in the charters of other corporations in England, none of which are in any degree exempt from the authority of parliament either with refpedt to laws or to taxes. It feems to me, therefore, that neither of thefe two charters can be fairly fuppofed to convey to the inhabitants of thofe provinces an exemption from parliamentary taxation. I have now given you an account of all the charters I am acquainted with on the con- tinent tinen to th cansj whicl ters ii from gethei fider 1 five, in ma not m thing con (id fubjed am acj to for out an prefun As ters w cept 01 to, or have n< too Ion [ 121 ] tinent of North- America, fo far as they relate to the power of raifing taxes on the Ameri* cans; and have dated to you the arguments which the Americans derive from thefe char- ters in fupport of their claim of heing exempted from taxation by the British parliament, to- gether with the reafons that induce me to con- lider thofe arguments as altogether inconclu- five. I am afraid I have been rather tedious in making this dedudtion. But I really could not make it fhorter, without omitting fome- thing that I thought material and fit for your confideration. But now you have the whole fubjeft before you in as full a manner as I am acquainted with it, and are therefore able to form an opinion upon it for yourfelf with- out any regard or reference to mine ; which, I prefume, is what you would wifh to do. FRENCHMAN. ' As the contents of thefe American char- ters were quite unknown to me before, (ex- cept only as far as I had feen them alluded to, or imperfedlly cited, in news-papers,) I have not thought your account of them at all too long. So new a fubjedt requires a pretty Q^ full m Of the royal go- yernments in Ameri- ca, that have no chartert, but are go- verned by the kine'a conuniu ftons. [ 122 1 full explanation ; more efpecially when it has been made the fubjedt of controverfy, (as this has been,) and given occalion to fubtle and arti- ficial reafonings in fupport of a favourite con- clufion. As to my opinion on the claim of the Americans to be exempted from parlia- mentary taxation in confequence of thefe clau- fes in their charters, I mud needs anfwer that I can hardly yet venture to form an opinion upon a fubjedl of ib delicate a nar ture which I have now hear'd difcufled for the firfl time. However, as far as J can judge of it on this fudden information, I agree with you in thinking, that the Americans have no man- ner of title to be exempted from the autho- rity of the parliament of Great-Britain with refpedt to the impofition of taxes, in confe- quence of any thing contained in the claufes you have recited from their charters. But, many of the provinces, I find, are governed without charters, by the authority of the king's commiflions to his governours. Pray^ is there any thing in thofe commiflions that counte- nances this claim of the Americans to be exempt from parliamentary taxation ? ENGLISH- \ [ 123 ] ENGLISHMAN. '•: n Not a word ; as you (hall foon be convinced. The commiflions of Captain-general and Go- vernour in chief, that are given by the king's Majefty to his Governours of the feveral pro- vinces in North-America that are under his immediate government, are, I believe, very much like each other, and contain nearly the fame powers and dire are exprcfsly impowcred to raife money upon the inhabitants of it for certain purpofcs, namely, for the necejfars de^ fence and fupport of the governmcvj of '-e faid province^ and the proteSlion and prefer: r^hn of its inhabitants: whereas in the coi mi i lions to the governours of the royal provinces there is no claufe that cxprefdy impowers them, with the confent of their councils and aiTernblies, to raife money upon the inhabitants of thci!: ptovinces for any purpofe whatfoever, but only a power of making laws and ordinances for the good government of the province, which, by a mere implication, (countenanced by another claufe concerning the difpofal of (he monies that (hail be raifed in them, and fupported by a long ufage built upon it,) is fuppofed to contain in it the power of railing money on the people for the fupport of the governments of thofe provinces, and for no other purpofes whatfoever. Surely fuch a commiflion can never be thought by impartial people to be an excluiion of the parliament of Great-Britain from cxerciiing the power of laying taxes on J the the in groun fuch are b) the A tary tj under fome t as lictU demani govern of the is any rather emptioi Yet, m ters noi rican pi tural ar habitant parliami of four! been fu veyed t [ "7 1 the inhabitants of thofe provinces, if upon other grounds the parliament is legally intitled to fuch a power. FRENCHMAN. I fee plainly, that the king's commiffions are by no means favourable to the claim of the Americans to be exempt from parliamen- tary taxation, and that the provinces governed under thefe commiflions, (which, I think, you fome time ago called Royal governments,) have as little pretence, from the words of them, to demand fuch an exemption, as the charter- governments have to demand it in confequence of the privileges of their charters; or, (if there is any difference between them,) they have rather lefs pretence to demand fuch an ex- emption than thofe charter -governments. Yet, methinks, that, though neither the char- or the ters nor commiffions, under which the Ame- f^lletx^ rican provinces are governed, do, in their na- [|*(fn "nJ^ tural and true conftrudion, convey to the in- ^^^-^l^ habitants of thofe provinces an exemption from parliamentary taxation, yet, if, during the courfe of fourfcore, or an hundred, years, they have been fuppofed, though falfely, to have con- veyed to them fuch an exemption , and, ia parfuance mk\ i^ii™:: 6 III " 14.-I «l'l ■^ <\:,- ' [ 128 J purfuance of fuch a miflakcn interpretation of diem» the Americans have been permitted to raife money by their refpe^livc aflcmblies upon the people for all forts of purpofes, (as well thofe for which their charters do not impowcr them to raife money, as thofe for which they do impower them to raife it,) and the parliament of Great-Britain has always forborn to raife money upon them for any purpofe whatfoever during fo long a courfe of years j I fay, if this is the cafe, I fhould think it fomewhat harfh, if not unjuft, in the parliament, (after fo long a forbearance of the exercife of its own right to tax them, and a tacit acquiefcence in the exer- cife of a fuppofed right in the Americans to tax themfelves in all cafes,) to break through this in- dulgent ufage and begin a pradice of taxing them by adl of parliament. I fhould therefore be glad to know how the ufage has been in that reipedt. ENGLISHMAN. You touch upon a firing much more fa- vourable to the preteniions of the Americans than any of the claufes that are to be found in the charters or commiflions, under which they have been governed. But the fadt is not in- tirely as you fuppofe it. For the Americans, I believe, I be the I thei] tenar publii thou^ late V eftabli been I mea by tb colonii to the MaryJ; for fu( fuppofi makinj theaffi by the Amc^fii to his money provinc by th make al into th r 1ns, kvc, [ "9 ] I believe, have not been taxed at all towards the general fxirpofes above-mentioned, fuch as the lupport of the king's hou(hold, the main- tenance of the fleet or the army, the repairs of publick fortijfTes, and the like, having been thought to be too poor before the end of the late war to contribute towards thefe expenfive edablifhments. And all the money that has been hitherto raifed in the American colonies, I mean, before the late peace, has been raifed by their refpedive aflemblies for the ufe of the colonies in which it has been raifed ; agreeably to the power given to them in the charters of Maryland and MafTachufet's bay to raife money for fuch local purpofes, and which has been fuppofed to be contained under the power of making laws and ordinances which is given to the alTemblies of Connecticut and Rhode Idand by their refpedtive charters, and to the other American provinces by the king s commifHons to his governours. When I fay that all the money that has been raifed in the American provinces before the late peace has been raifed by their refpedtive afTemblies, I ought to make an exception of duties on goods imported into thofe provinces. For fuch duties have in R * . a few r, -f i I ! f 4" ?i f: ;',r '^i r* H r ^ij; ill ' "i \:% U. 1 1 ^? ll' "fit;- [ '30 ] 2, few inftances been impofed by the padiameht of Great-Britain at different times before the peace, and paid by the Americans in obedience to that authority. But then it is likewife true that thefe duties have been impofed rather with a view to regulate the trade of America in the manner the Britifh parliament has thought fit, than for the fake of the revenue they have produced, which has been but trifling. It is therefore upon the whole fubjlantially true, that no money has been raifed upon the people of America before the late peace by the autho- rity of the Britifli parliament, nor by any other authority but that of the affemblies of the fe- veral colonies in which it has been raifed : and it is likewife true that the money that has been raifed in America before that time, has been raifed only for the local purpofes of the pro- viilces in which it has been raifed, and not for the fupport pf the king's civil Hft, or the main- tenance of the army or navy, or fortrefles out of the ifland of Great-Britain, or other general objedts of the publick expences of the nation. This is the hiilory of the ufage upon this fub- jed, as far as I am acquainted with it ; which docs liot come up quite to what you fecm to have have c( ufage oj all forts purpofes local pu Accor has prev; to think; pretence mentary you have than fror their cha which th already c to fuppor to the Ic vinces, I For, as tl the afTem exprefsly their refp pofes, anc to do fo have conceived it to be, namely, a regular ufage of the Americans to tax themfelves for all forts of purpofes whatfoever, the general purpofes juft now mentioned as well as the local purpofes of their refpedive provinces. ' FRENCHMAN. According to this account of the ufage that has prevailed upon this fubje(5t, I am inclined to think," that the Americans have no more pretence to claim an exemption from parlia- mentary taxation, for thofe general purpofes you have juft now mentioned, from long ufage than from eidier the letter or true meaning of their charters, or the royal commiflions under which they are governed ; both which we have already examined and found to be infuflicient to fupport fuch a pretenfion. But with refpedl Difference to the local purpofes of their relpedive pro- theTmpo- vinces, I ftiould incline to a different opinion, fa^es for For, as the charters and commiflions impower p^arpoL the affemblies of the feveral provinces, either j^^'*"^'" exprefsly or by implication, to raife money in their refpedtive provinces for thofe local pur- pofes, and they have uniformly been permitted to do fo ever fince their firft cftablifhments R 2 without pro- vincial purpofes. fFT 1 I '^ ih \,l ■■■! iIh^ PI mi . I'ljii [ 132 ] without any interference of the parliament of Great-Britain, or their ever exercifing during this long feries of years a concurrent jurifdidtion with the affemblies in the railing m.oney upon the Americans for thofe purpofes, 1 cannot but look upon this long forbearance of the BritKh parliament to exercife its authority upon this lub- jedt, and their acquiefcence in the exercile of this power by the American affemblies, as amount- ing, in reafon and equity, if not in (Iridt law, to a renunciation of its authority of taxing the Americans for thefe purpofes, and a transfer of it to the American affemblies. Don't you enter into the diflindtion I make between the two cafes? ' nr*- f V ENGLISHMAN. . I do enter into it very clearly : and I think it very well founded. And I had even thought of it myfelf before you mentioned it ; though it has not been much attended to by the writers on either fide of this controverfy. The zeal of the writers in fupport of the authority of Great-Britain has made them infifl upon the right of the parliament to tax the Ameri- cans in all cafes and for all purpofes whatfo- evcr. [ ?33 3 ever, even for the fupport of their refpedive domeflick governments : and that of the wri- ters on the American fide of the ^ueftion ha$ made them deny the right of the parliament to tax them in any cafe, or for any purpoic whatfoever, even towards thofe general expences of the Britifli empire, towards which they have not hitherto been taxed at all, and towards which the charters and the royal commiffions do not authorize their affemblies to tax them. But the truth often lies between two extream opinions ', and perhaps it does fo in this cafe. However there is another argument made ufe of by the Americans in this controverfy, (and which they confider as the flrongeft argument in their favour,) which, if it be a good one, militates equally againd the right of the Bri- tifh parliament to tax them for thofe general purpofes above-mentioned, and for the local purpofes of their refpedtive governments. FRENCHMAN. ; , Pray, what is this favourite argument, this great American Goliath, by which the Ameri- cans think they can maintain a total exemp- tion from the authority of the Britifh parlia- - ' ment of the grand ar- gument of the Ame> ricans a- gainft tax- ation b>r the Britift parliament f;i'i|i m ii'ii t#1 lr>' J.i ':f m '': & [ 134 ] ment to tax them in any cafe whatibever ? I am impatient to hear this great argument : for at prefent it fecms to me that this is carrying their claim to an unreafonable length, and has a great tendency to exempt them from bearing their proportional (hare of thole general burthens of the Britifh empire, which you juft now mentioned, and which relate equally tp all the dominions of the crown, , -lii'-ii ENGLISHMAN. Th^want This grand argunaent is founded on their reprefen- not having members chofen by themfelves to the^pariia- reprefent them in the parliament of Great- Great-Bri- Britain. They fay that the right of the mem- tam. |^gj.g ^£ jjjg Britifh Houfe of Commons to grant the people's money to the crown (for that, as lobferved before, is the form in which ads of parliament for raifing money on the people are pafled,) arifcs merely from their being the reprefentatives of the people, chofen by them for the purpofe of granting money to the crown, for publick ufes, in their name, and as their agents and attornies : and confequently that, as they are not chofen by the inhabitants ©f America, they cannot be confidered as their : agents ■».^>-' « [ 135 ] agents and attornies in this refpedt, and cannot grant away their money. This is the great argument of the Americans againft the right of the 6riti(h parliament to impofe taxes on l^:^ 4i»j V .!« V :i them. FRENCHMAN. That maxim that the Houfe of Commons in England grant the people's money only be- caufe they are their reprefentatives, or chofen deputies^ can hardly, I prefume, be true in its full extent. For if it was, only thofe who had ^ . votes in the eledtion of members of parliament would be liable to pay the taxes there impofed, V they being the only perfons who have a reft reft oi the til Amcri king o poflcflc fend 1 Britain parlian fending that th no ftri ment i freehol their f whic 1 -t ' ' ■ •'■■ But anothei difting non-el( to gTOl the ob the Br non-rcU what i: [ 147 1 . reft of our difcourfe upon this fubje^b, that, at the time of granting the feveral charters in America, there was no intention, either in the king or the American fettlers, either that the podefTors of freehold land in America (hould fend members to the parliament of Great- Britain, or that they fhould be exempt from parliamentary taxation on account of their not fending any. And therefore, it appears to me that thofe pofleflbrs of freehold land can have no ftridt right to fend members to the parlia- ment in confequcnce of the pofleflion of thofe freeholds, becaufe that woiild be altering in their wn favour the original conditions on whic . i'/^y became poffeffed of them. But you faid fomc time ago, that there was another circumftance by which the Americans diftinguiflicd their condition from that of the non-elc6ting inhabitants of Great-rBritain, fo as to ground a claim upon it to be exempted fron^ the obligatioa of paying the taxes impofed by the Britifli parliament, to which thofe Britifti non^eledlors were confeffcdly fubjcdt. Pray, yfhdX is this fecond circumdance ? Thefe. cond argu. ment ufed by the A- merjcans to dillin- guifh their cafe from that of the non-eleit- ing inha- bitants of Great> Britain. »•* « » •>>t .. T 2 ENG- ' '0 Mil' iM i m i ■'■ ,■ ■'>.■ i ' ^mm 1 1 i 1 • 'mm [ 148 ] '< ? ■j:.i, • ENGLISHMAN. - . '^.^ It is their ab fence from Greats Britain. They fay that the non- electing inhabitants of Great- Britain are fo intermixed -and connedted with thofe who have votes for members of parlia- ment, and even with the members of parlia- ment themfelves, that they have no reafon to apprehend that they (hall ever be made to pay any taxes impofed by the parliament, but thole which will equally be levied upon their neigh-: hours that have the privilege of. eledting mem- bers, and the members themfelves that arc elected: that therefore they fufFcrno hard- (hip, or inconvenience, from their want of the privilege of voting for members of parliament j and tliat, if any of them fhould think they did fuffer any inconvenience from that circum- ftance, it was eafy for them to find a remedy for this grievance by purchafing a fmall piece of freehold land worth only forty fhillings a year, which would give them a vote for the members of the county in which it liesj — - that forty {hillings a year is fo very low a qua- lification, that it is in the power of almoft every body to procure itj and that the ex- cluiion ►f* i H9 3 clufion of thofc who are too pppr to prpcarc it from the right of voting in cledtions of mpipr bers of parliament, is little more than an exc lufion of thofe perfbns to whoipi taxation is almofl; a matter of indiflFerence on aecounl of their want of property to be the objedt of it:— —and therefore, fay the Americans, the non-ele(5ting inhabitants of Great-Britain arc jurtly liable to pay the taxes impofed by the Britifh parliament. "Bat, fay they, it is far otherwife with us. We are not intermixed with the eledors of the Britifli parliament, and with the members themfelves that ar^ ele(3:ed to it, fo as to be taxed by them only when they tax themfelves, and in the fame degree j hut we are totally feparated from them by an ocean of 3000 miles in breadth. From this feparation and immenfe cjiftance from thent, it would follow that, if we were liable %o h€ taxed by the British parliament, we fbould be taxed by them as a feparate body of people^ and not in common with themfelves and the other inhabitants of Great- Briton : and the fame attention to their own inter .ft, which makes the members of parliament cautious not to impofe unneceiTary or oppreflive taxes. MDW •Vf*1 li I:, t '50 ] ■ .. ." . • 'h. m Great-Britain, where they thcmfclves and their electors would bear a part of the burthen of them, would induce them to lay very hekvy taxes on us Americans, (with whom they / have no immediate common intereds,) in order to exonerate themielves. And thus we (hould become (if this right of the parliament were once allowed,) the beails of burthen of the whole 6riti(h empire, or (as the continental congrefs exprelTes it in one of their publick papers,) hewers of wood and drawers of water for our feliow-fubjedts in Great-Britain. It would therefore be unjuft, and confequently is unlawful, for the Britiih parliament to tax us." This is the fecond circumdance by which the Americans endeavour to didinguifh their con- dition from that of the non-eleding inhabitants of Great-Britain. I believe I have dated it as ftrongly as their own writers do. You will judge what ftrefs ought to be laid upon it in determining the prefent controveriy. ' "-^^ --i-i-s ►■' "■^■'* . ' ^ FP.ENCHMAN. -. Kemarks It appears to me to be rather an argument fecond ar- of policy, or expedience, than of law, being gumcnt. ^jj^jjy fQundcd on an apprehcnfion of the abufc t «5« 1 abufe which the parliament might make of the power of impofing taxes on the Ameri- cans, if they were allowed to exercife it. The apprehenfion of the abufe of any civil power is no argument againfl its legality, even when fuch apprehenfion is well-grounded s hut is only a ground for endeavouring to make fome new regulations of it by which fuch abufe of it may be prevented. In order to prove the legality or illegality of any power in civil {qh ciety, we mud inquire what was the original compadt between the parties by whom, and the parties over whom, it is to be exercifed. This compad, whether exprefs or implied, appears to me to be the only rule by which a queflion of diis fort can be decided. If the compact is exprefs, the deciiion of the queftion will be the more eafy: if it is only implied, itmuft becolle^ed from a variety of circum- ftances J fuch asj i ft,, the practice of the parties with refpedl to the poNver in queftion; or, adly, their claims at different periods, and the acknowledgement of fuch claiqns.by the other party, or their filence with refpedt to them, which may appear to be an acquiefcence in them ; or, jdly, the exercife of fimilar powers ■ by . ^ 1 • . 1 , ,♦ .'»i W-i./V Mii ii,„. * . s_ > I J5« I by the party which claims the power over the other party; or, 4thly, the antecedent coo- dition and relation of ilK two parties to each other before the cafe, concerning which the queflion arifcs, exiHedi and other the like circum (lances, which tend to difcover and afcertain the intention of the contending parties at the tirae when the cafe, concerning which the queftion has ariferi, began to exilt. For all civil powers are ultimately founded on copapadts ; and every queflion of tight wiji, if traced to its fountain-head, appear to be ia reality a queftion of faSi^ that is, an inquiry concerning an ancient fadt, to wit, the inten- tion of the parties between whoni the queflion ariies, or of their anceilors and predeceilbrs, at the time when the cafe, concerning which it has arifen, began to ex id. And every argu.- oient that does not tend to clear up and afcer- tain that ancient matter of fa^, is in my opi-^ nion foreign to the fubje<5t, I therefore coat- fider the lafl argument of the Americans in iuppoft of their claim of an exemption irom parliamentary taxation, (which they build upon, the danger of the parliament's abufing fuch a power of taxing them, if it were allowed them,) t »S3 J as of no manner of weight with rcfpedl to the queftion concerning the right of parliament in this refped : and confequcntly, if thcfc are all the arguments of the Americans in fupport of their claim of the exemption aforefaid, I mud needs conclude that they are not intitled to it, but that the parliament of Great-Britain has a right to impofe taxes on them as well as on the inhabitants of Great-Britain, and efpecially for the fupport of the king's houfhold, the army, navy, ordnance, and foreign fortreffes^ and the like general purpofcs. that relate to the whole Britifti empire, to which their aflemblies are not by their charters and commiflions autho- rized to tax the inhabitants of their rcfpedtive provinces, and to which they have not hitherto been taxed at all. But perhaps I am too hafty in forming this judgement; and the Americans may have fome other arguments in fupport of their claim of this exemption, which you have not yet dated to me ; though I do not recollcdt that you mentioned any other in the beginning of our converfation upon this qiieftion, when you enumerated the feveral grounds upon which they maintained this controverfy. If they have any other argu- i W'M 'frl T, J r| 'Tl IT u ments, V t 154 1 ments, I beg you would now inform me of them, that I may be thoroughly acquainted with the fubjed in its whole extent. Adiftinc tion be* tweenpro- vinciaf taxes and taxetrais'd for the ge- neral pur- pofes of the Britiih empire. ENGLISHMAN. I know of no arguments that are brought by the Americans in fupport of their claim to that exemption, but thofe which we have been examining : and thofe I have dated as fully and as (Irongly as I could, that you might knoW:^nd feel the whole of what they have to offer upon this fubjedt. And I am not forry to find that you agree with me in thinking that that whole is infufiicient to fupport their claim. We muft not however forget the diftindtion which you fome time ago fuggcded between taxes raifed in the American provinces for the defence and fupport of the provinces in which they are raifed, and taxes raifed in them for the maintenance of the king's houfhold, the fleet and the army, and other fuch general purpofes that relate to the whole Britifh em- pire. The former taxes may be lawfully raifed by the affemblies of the feveral provinces by virtue of the charters and commiflions under which they are governed, and always have been Ui *,t tit t '55 ] been Co raifcd, without any interference of the parliament of Great-Britain ; though, perhapsi the faid parliament nuy be fuppofed, in (Iridl- nels of law, to have had a concurrent right with thofe aflcmblics to iinpofe them : but the latter fort of taxes cannot legally be raifcd by virtue of thofe charters and commiflipns, and, in fadt, have not hitherto been raifcd at all. The former therefore ought, in point of equity The for- and prudence, (if not of ftrid law,) to be left lobc^afsd to the American aflemblies, to be railed by °hc Ame- them as heretofore, in' purfuance of the powers fimbiks. contained in their charters and comminions; but the latter ought to be raifed by adls of the Britifh parliament, or, at leaft, may be fo raifed with- out any breach either of the charters of the American colonies or of the ufage that has prevailed in them upon this fubje(fl:. '■Jf-'V*' FRENCHMAN. ,- '■ I am glad you agree with me in this diftinc- tion, and acknowledge that it would be hi^iily inexpedient, if not unjuft, for the Britifh par- liament to impofe the domeflick taxes of the feveral provinces of America, which have al- ways hitherto been raifed by their own aiTem- ; U 2 blies. ^if' i I Utility of the Ame- rican if. fembliesy vrith the power of impofing the pro* vincial taxei, to the inha- bitants of their re- fpe£tive provinces. •V [ 156 ] blics. For this is a matter of great importance, as I conceive, to the welfare and happincfs of thofe colonies, being the principal means they have of fecuring themfcwes from the opprt* (fion of their governours and other officers of the crown, and of obtaining a redrefs of the grievances under which they may at any time labour. The governours of provinces are ge- nerally men who have no cftates in the pro- vinces they go to govern, nor any natural con- nedtbns with the people of them, that (hould make them take a hearty concern in their wel- fare : and they often are perfons who have their fortunes to make, having cither never had any eftate at all even in England, or, if they have had one, having run it Jut by their luxury and extravagance, afcer which, by the interefl of the noblemen and gentlemen of power in "whofe company they have fpent their fortunes, they are fent to the American provinces, in the important ftations of governours, to repair them. Such perfons will, in all probability, be greedy of money, and difpofed to take the fpeedieft methods of acquiring it : and it is hardly to be doubted that, if there was no check or controul of their •-iaathority in the ' ■'' provinces [ U7 ] provinces themfelves over Which they prefide, they would make ufe of the great powers vefted in them by their corAmilffions to exad money from the people in a variety of ways : and complaints to England for redrefs of fuch op- prefTions would be too expeniive and tedious to be made by the greater part of thofe vrho would have futlered by them -, and when made, would olten^ :(eiiher from the difficulty of tranfmitting acrofs the Atlantick ocean fuffi- cicnt evidence to fupport the charges, or by the favour and partiality of the great men be- fore whom they would be brought, who would many of them, perhaps, be old friends and companions of the governour complained of,) meet with no fuccefs. fiut by means of the affemblies of the people and their power of granting or refufing money for the fervicc of the province, fuch oppreflions arc properly taken notice of and often meet with due re- drefs 5 and, if they have been committed by the governours themfelves, and have been great and frequent, will be tranfmitted to the king himfelf with fo much weight by an addrefs of the afTcmbly as to induce his Majefty to remove the governour from his office. And the appre- henfion 11.., .vrt ■ » .,r r .■ ^, * [ IS8 ] henfion of thefe confequences will deter the officers of government from being guilty of the opprefiions that would give occadon to them. Such, I conceive> are the beneficial confe- quences refblting to the American provinces from the eflabiifhment of afTemblies of the people in them, and the powers vefled in thofe . afTemblies of raifing money on the inhabitants of them for the purpofes of their domeflick , government: all which would intirely ceafe, if the parliament of Great-Britain fhould, (by virtue of its antient and original authority over the firfl fettlers in America,) interfere in this matter, and impofe thefe domcflick taxes in the feveral colonies, inflead of leaving them to be raifed, as heretofore, by their refpedlive Bxpcdi- afTemblies. But this is no objection to the par- impofing liamcnt's impofmg thofc other taxes on the gcnVra?^ Americans, which relate to the maintenance SnXin- ^^ the army and navy and the other genera! of Amerl purpo^cs of the Britifh empire. Thefe, I fhould '* horU* th^"^> might be impofed by that authority with oftheBri- Jjttle, or no, danger to the liberties of the nfh par- ' i liament. Americans, fo long as the former were left to their afTemblies. msi ■ tiSiACV- ^• 9 .{•CUilM ENGLISH- [ 159 ] ENGLISHMAN. I think Co too : and, if I were an inhabitant of one of the Englifli provinces of America, in which alTemblies are cflabliQied, I (hould not, (if I know my own mind) be at all averfe to being taxed by the parliament of Great- Britain to any of thofe general purpofcsj I mean, if the taxes required of me were mo- ' derate and reafonable and proportional to my fortune : for heavy and unreafonable taxes are always oppreffive and odious, and have a ten- dency to excite a refiftance from thofe who are to pay them, by whatever authority they are impofed. But for a moderate tax laid upon a proper fubjedt, and appropriated, we will fay, to the maintenance of the royal navy of Great- Britain, by which our coails and our trading veffels are protedled, I proteft I (hould be very willing to pay it, though impofed by the par- liament of Great-Britain in which I had no fpecial, or chofen, reprefentative. And I fhould inrprafti- be the more ready to fubmit to fuch a tax from raifmg a fenfe of the impradlicability of colleding a in any eneral tax from all the colonies in America °^ ^^^^*^* § by any other method, and of the confequent ncceffity ;',;ti: m i.'iil > ' [ i6o ] neceflity of having recoui fe- to the authority of the Britifli parliament for that purpofe. For, according to the prefent conftitution of the Britifli govern ment both in the illand, or king- dom$ of Great- Britain, and in the American provinces; there are but two authorities by which it would be pofilble to levy fuch a tax, vhich are thofe of the American aflemblies and of the Rritifti parliament. To levy it by the authority of the fevcral American afl'emblies would be extrcamly difHcult, if not totally impradlicable. For, as it would be a tax that related to a matter in which the American colonies were all concerned, (the fupport of the royal navy of Great-Britain and the defence of the coafts and trade of America,) it Nvould be juft and reafonable that they {hould ail con- tribute to it: and thai it is probable fo many different affembiies codd never be brought to doi- — not to mention the former obfervation of the want of a legal authority in the affem- biies, by the charters and commifllons of the American provinces, to lay taxes for thefc general purpofes. It can only be levied there- fore (if it is to be levied at all) by the autho- rity of the Britifh parliament. The difficulty, •HK' or [ i6i ] or rather impradicability, of procuring a con- currence of opinion and adtion between all the different afTemblies of the American colonies in any common caufe, or concern, was experi- enced about the beginning of the late war, when the Americans comj^iained of the en- croachments made by the French of Canada upon the king's territories on the river Ohio and in other places. No union could be pro- cured among them: but, while one colony raifed troops to repel the encroachments of the enemy, another, that was lefs expofed to dan- ger from them, refufed to raife any : and the French gained confiderable advantages in the beginning of the war by means of this want of union among the colonies. This was at that time notorious to all .the world : and the Englifh Americans themfelves had fo (Irong a fenfe of the dangers they were likely to be expofed to from this circumdance, that, in July, 1754, when a war with France was apprehended, commifHoners were appointed by feveral of the colonies, who met at Albany on Hudfon's river in the province of New- York, to form a plan of union for their com- mon defence. The plan they agreed to was. My . - X ,.---; in Experi* enceofthe faid im- Eraflica* ility in the year «7S4. Opinion ottheEng- lifh Ame- ricans up- on this fubje£t at that time. iMl ■ '^ m •ifr •!k 11 [ l62 ] in fliort, this ; " That a grand council fhould be formed of members to be chofen by the aflemblies of the people in all the Englifh colonies : and that this council, together with a governour-general, to be appointed by the crown, fhould be impowered to make general laws to raife money in all the colonies for the defence of the whole." This plan was not approved by the government in England, and fo was not carried into execution. But the propofal of it (hews the opinion of the Ameri- cans themfelves to have been at that time, that, in order to lay taxes effedually upon all tlie colonies towards any general plan of de- fence, or other objedt relating to them all, it was nrceffary to have recourfe to the authority of fome me aflembly, or legiflature, properly conftituted and impowered to exercife fo great a truil, and not to depend on the concurrence of the feveral provincial afTemblies. It is only fo fhew that this was the opinion of the Ame- ricans at that time, that I have now mentioned this plan of a grand council, without meaning to give any opinion concerning the plan itfelf. Whether fuch a grand council, or the parlia- ment of Great-Britain, is the fitter legiflature^ '.V- . • , .' > - .in [ '63 ] in point of expedience and policy, to be in- verted with this power of railing thefe general taxes upon all America, I will not pretend to determine. I will only fay that the parliament of Great-Britain fubfids already, and has done ' fo for feveral centuries, as the great legiflature of the Britifh nation throughout all the domi- nions of the crown, without any exception of the £ngU(h colonies in America, (as we have feen in the courfe of our examination of the reafons alledged by the Americans in fupport of their claim to an exemption from its jurif- didfcion,) and that the aforefaid grand council has not yet been •dablifhed, and, if it ever {hould be eftablilhed, would be a great inno- vation in the Britifli government; and that great innovations are always dangerous. But, till fuch a grand council is eftablifhed, the par- liament of Great-Britain is the only (ingle le- giflature by which fuch general taxes can be legally impofed on the Americans, and there- fore, in my opinion, is the legiflature by which they ought to be inipofed. .;{ ' . -^ FlifilSfCHMAN. I fee plainly the neceffity of having repourfe to fome one legiflature for the levying of any X 2 i/asral »^4->iJ*i- m ■ V m [ i64 ] ' general tax that is to be paid by all the colonies of America. And that legiflature in the pre- ient {late of things, without making ibme new eftabliihment for the purpofe, can be no other than the Briti(h parliament. And this neceffity ought, certainly, to be an additional reafon with the Americans for fubmitting to its authority with refpedt to thofe general taxes, over and above the legal obligation under which they lie to do fo, from their inability to make out their claim to an exemption from its jurildic- tion. But you fome time ago intimated that they pretend to be mightily afraid of being grievoufly opprefled by taxes laid by the Britifli parliament, if they (hould ever acknowledge its authority to impofe them. Pray, do you imagine there wcjld be any great danger of fuch oppreffion ? * i-i Iteafons for think<^ ing that the Britiih parlia- ment, if its right to tax the A- mericans were ac- knowledg* ed, vifiuYd not exer* cife it op- prefllvely. ,'£". ENGLISHMAN. I do not think there would be any ilich danger: and for thefe reafbns. In the firft place, though the Americans have no adual reprefentatives in the Britiih parliament, and do not live in the fame country with the per- fons who elcft the members of it, as the Britiih non. non-eledlors do, yet there is a very great com- a great munity of interefts between them and the in- fnh^bL^^^ habitants of Great-Britain, ariting from their GreHt-Bri. trade, by which a great number of people in JimJi*" Britain, both elediors of members of parlia-* 5Ji5»*?hc ment and others, are deeply interefled in pre- ^n,*",*^^ venting them from being opprelTed. The ^^Ij Americans have the greateft part of their cloath- be vigilant ^ ^ * to prevent ing, and ail their arms, and implements of tHeir being hufbandry and the mechanick trades, and other hard- ware, and a variety of other commodities, from Great-Britain, to the amount of fome millions of pounds fterling in a year. This ' employs a coniiderable number of merchants in England, and a very great number of ma- nufacturers who prepare the goods which are exported to America. All thefe perlbns are bound by a regard to their own intereft, to ufe their endeavours to prevent the Americans from being unreafonably burthened ^ith taxes : for, if they (hould be (6 burthened, they mufl in confequence retrench fome of their expences, and confequently would buy fewer of the goods which thefe manufa<5turers and merchants fup- ply them with; by which means the buiinefs and profits of thefe merchants and manufadurers - would ■In "' I Ur JJi^T 9:i. •4ilti:a '*• [ i66 ] would be diminiihcd. It is natural thereforQ to fuppofe that thefe merchants and manufac- turers would do every thing in their power to prevent the British parliament from impoverifh* ing their cuftomefs, the Americans, by unne- ccflary or oppreffivc taxes, * And, by the con- flitution of the Briti(h Houfe of Commons, the mercantile part of the nation has a very great influence in it. This connection and commu- nity of intereds between the Americans and the merchants and manufacturers of Great- Britain affords a fecurity to the Americans againfl: an ppprefHve taxation by the Briti(h parliament, which, (though not quite fo great in degree,) is in its nature fimilar to that of the non-eledting inhabitants of Great-Britain: for neither of them can be taxed by parliament without a concomitant taxation, either diredt or indirect, of thofe inhabitants of Great-Britain who have the right of eledting members of parliament : in the cafe of a t^x upon the non-eleding inhabitants of Britain, the eledtors pay the fame tax as they; and in the cafe of a tax upon the Americans, the n^erchants and manufac- turers of Britain, who fupply them with goods, yrould be fiibft^ptially, though indirectly, im- blwrj^^f poverifhed [ i67 1 poveridied by the tax, by means of the dimi- nution of their bufinefs and their profits in confequence of the reduction of expence which the tax would neceflarily produce in their American cuftomers. This connection and community of interefts with the merchants and manufadurers of Great-Britain would, as I conceive, operate very powerfully in protedt- ing the Americans from being over-burthened by taxes laid by the parliament of Great-Britain, if their authority to do fo had been recognized by the Americans in the moft explicit terms. t 'f: i II 'I H ■•■ ♦ But there is another ground of fecurity to *d»y, the , . Americans the Americans, which is ftill ftronger than the are too di- former : I mean their diftance from Great* Great-Bri- Britain, and their large and growing numbers, too nume- i«« • 'f r .\ r * reus and and their capacity, arifing from thele circum- powerful, fiances, to relift any ads of oppreffion com- tWhVaSia- mitted by Great-Britain, whenever they fhall l^'Jenture feel them. Great-Britain contains, it is faid, j^em'^op. fix millions of people ; feme fay, eight mil- P«ifivciy- lions : America contains three millions, and is continually increafing in its numbers at a great rate j fo that in twenty-five, or thirty, years it will probably contain as many as Great-^Britain; . and '-ri'Jli'-i '» yi" W I i ' II I I I ! ll i : [ 168 ] and in fifty or fixty years twice as many. Taxation is always a difagreeable and difficult exertion of authority, though the authority itfelf be ever fo clear and undifputed : and we have feen tumults in England itfelf in oppofition to taxes impofed by ad of parlia- ment, without the lead pretence of doubt concerning the authority by which they were impofed, but merely through a diflike to the tax itfelf J — tumults that have rifen fo high as to caufe the tax to be repealed. How difH- cult then mud it have been to Great-Britain to have forced a tax upon the Americans againd their will, at the di dance of three thou- iand miles from the center of her drength and authority, and with only a few troops fcattered here and there through that exteniive country? We may fafely fay it would have been impoflible : and the parliameni of Great- Britain mud have known that it would be fo. Now this confcioufnefs of their inability to enforce the payment of a tax in America againd the general bent of the inhabitants would, as I apprehend, have redrained the Britifh par- liament from ever attempting to impofe any general tax upon the Americans without a : ' , . fcrupulous fen cip «*.. I 169 1 fcrupulous regard both to equity in the prin- ciple and ground of impofing it^ and modera-* tion with refpedt to its quantity. You will obferve that I do not place the fafety of the Americans in the adual exertion of their (Irength in oppofition to the opprediVe taxes that (hould be impofed on them by the British parliament $ (for that, I am aware, is a difmal remedy^ which the people may always refbrt to, and fometimes do refort to, in the word of govern- ments :) but I place it in the parliament's knowledge that they pofTefs that (Irength, and their confcioufnefs (anting from that know- ledge) of their own inability to enforce the payment of any tax upon them that ihall not, by its reafbnabienefs and equity, make its own way amongft them, and difpofe them to be afliamed of reiifling it. And this reafon would .have ilill more weight at prefent in redrainlng the parliament from abuHng the power of tax-^ ing the Americans, if they were to be allowed to exercife it, than it would have had before the prefent troubles. For, fince the refiftance of America to the authority of the Britifh parliament has been (b flrong and (b obdinate as hitherto to have bafBed all the endeavours of Y Great- m V' '1^ , Mil I I I I I 170 ] Great- Britain to overcome it, and to have al- ready put her to an expence of more money, in the exertions that have been hitherto made in this unhappy conted, than all the taxes that America could pay, if reduced, to the moil compleat fubjedliony would be funicient to make eood in the courfe of many years, it is next to certain that, if the authority of the Britifh parliament to lay taxes on the Americans for the general purpofes above-mentioned was to be recognized by the Americans, the parliament would be exceeding cautious in the ufe of fuch a power, and would take particular care to impofe only fuch taxes upon them as were likely to be thought reafonable and juft by them, and to be paid without a fecond refifl- ance. Thefe are my reafons for thinking that the Americans would run no rifque of being burthened with unreafonable and oppreflive taxes by the parliament of Great-Britain, if the right of the parliament to impofe them had been ever fo explicitly recognized. .;*;:,". FRENCHMAN. » . * . . ^ I think there is a good deal of weight m thefe reafons. And even the diflance of the •?' v> 7 Americans '1;J [ '7' ] Americans from Great-Britain (which you have touched upon hut (lightly) would operate confiderably in their favour, independently of the ^rength which they derive from their great and growing numbers. The old Latin faying may be juftly applied on this occafion ; Procul a Jove^ procul d fulmine. No governments exert the fame vigorous authority over their diftant provinces as over thofe which are nearer at hand and more within the reach of their executive power. The tyranny of Nero and Domitian was lefs felt by the inhabitants of Egypt and Syria, (though then compleatly reduced to the form of Roman provinces,) than by the inhabitants of Italy itfelf. I fhould therefore be inclined to think with you that the Americans would not run much rifquc of being oppreflively taxed by the Britifh parlia- ment, if they were to acknowledge its autho- rity to tax them. Yet there is a fadt which many people alledge as a proof of the contrary; I mean, the duty upon ftampt paper, which the Britifh parliament impofed upon the Ame- ricans in the year 1765. This, they fay, was a moft oppreflive tax wantonly impofed upon the Americans by the parliament in the very Y 2 firft h mm Ofthtfe. '■ curity of .'Bn| theAmeri- ' wm cans ariC- gm ing from mtk their dif- mjjt tance from /^H Great. .^ jB liritain. 'H <^I^^^R ' 'iffi \ - I'j '>||i|'j Hi ■11 fill; i 1 [ 172 1 firft cxcrcife of their pretended authority to tax America. I (hould be glad to know your opinion concerning this tax ; whether, or not, it was oppreffive in its quantity, and whether there was any juft ground for impofing it. ^J : ' ENGLISHMAN. I am of opinion that that famous duty was both moderate in its quantity and impofed upon a juft occafion ; as I doubt not you will readily agree with me, when I have ftated to you the fum of money it was intended to produce, and the reafon of impofing it. They were as follows. Before the laft war the whole expence of all North- America to the Britifh govern- ment was only jC«7o>ooo fterling per annum. In the courfc of the war, (which was under- taken folely to preferve the Englifh polonies againfl: the encroachments, or fuppofed en- croachments, of the French on the river Ohio ^nd in Nova Scotia,) GreatrBritaih ipcnt above an hundred millions of pounds flerling; of which 70 millions remained as a debt upon, the nation at the end of the war, the intereft of which was about >C'2>3oo>ooo a year, which was t 173 ] nvas a perpetual load upon the revenue of Great-Britain incurred for the defence of Ame- rica. The American colonies had ^fo exerted themfelves in the courfe of the war, by grants of money for the defence of their refpedtivc territories as we!i as by levies of troops 5 and I will fuppofe (for I am not minutely ac- quainted with this matter, and do not wifh to derogate from their merits) to the utmoft of their abilities. At lad a peace is made; by which all Canada and Florida are ceded for ever to the crown of Great-Britain j the Britifh miniftry having infifted, in the courfe of the negotiations for the peace, on retaining thefe countries in North-America rather than the iflands of Martinico and Guadaloupe, (which were alfo in our pofTefHon, and would have produced a great increafe of the public revenue of the nation,) merely with a view toprefervc the North- American provinces from all poffible danger of being again molefted by the French. Jiaving thus obtained ceflions of thefe new provinces of Canada and Florida, it was ne- cefTary that the king ihould keep fome troops there to maintain the polfeflion of them. And it was further judged neceflary to keep a fmall number :i(| ^ iM •& T-(>^ II U' It [ 174 ] number of troops at feme of the principal trading-pofts in the interiour, or upper, country of North-America, to protedt the merchants who fhould trade with the Indian favages at thofe places for their furs, and to watch the motions of thofe Indians, and prevent their making fudden irruptions into the back fettle- mentsof the North- American provinces. All this required an additional expence beyond the jf .70,000 per annum which the eftablifhments in America had coft the Britifli nation before the war. This additional expence was>r. 2 80,000, the whole expence of the American ellablifli- ment fince the peace amounting to jr.3 50,000. Whether this new eftablifhment was made more expenfive than was neceflary, as the Americans alledge, or whether it was a reafonable and pro- per one, I will not pretend to determine. Tbr king and parliament of Great-Britain were the proper judges of this queftion : and they formed the edablifhment upon fuch a footing as to require an annual expence of >r.3 50,000. This was an additional burthen to the public revenue of Great'Britain of ^^.2 80,000 per annum, over and above the >C-2>3oo,ooo per annum, which is the intereft of the new debt of X^.70,000,000, I , I t ^n ] know if he ilill intended to bring in fuch a bill. He anfwered, " that he did :" and then re- peated to them in form, what he had before faid in the Houfe of Commons, as well as to fome of them in private, to wit, " That the " late war had found us feventy millions, and left us more than one hundred and forty millions, in debt.- — That he knew that all men wifhed not to be taxed : but that, in thefe unhappy circumftances, it was his duty^ as a fteward for the publick, to make ule of every juft means of improving the pub- lick revenue : — That he never meant, how- ever, to charge the colonies with any part of the national debt : but that, befides that publick debt, the nation had incurred a great annual expence in the maintaining of the feveral new conquefts, which we had made during the war, and by which the colonies were fo much benefited .----That the Ame- rican civil and military eftablifhment after the peace of Aix La Chapelie was only ^.70,000 per annum : and that it was now incrcafed to jr.3 50,000. That this was a great additional expence incurred upon an American account: and that he therefore Z ^' thought ■::•■ \\ 'S i ■ ' T ' 1 |i !l li 1 ^1 til 111 I !■■ f'Mf [ <8o J '«»,>■ FRENCHMAN. n I do not conceive how any one can think it cither oppreflive or unjuft j I mean of thofe who allow the Britifli parliament to have in any cafe the right of impoling taxes on America, as you and I do for the reafons we have already mentioned. For it is a tax for one of thofe general purpofes that relate equally to all the colonies, to wit, the maintenance of the pof- fcffion of the new-acquired provinces of Ca- nada and Florida, (which inclofe all the reft, and from which, if they were in the hands of enemies, irruptions might be made into them,) and for the protedion of the perfons concerned in the Indian trade and of the back fettlements of all the provinces j and therefore, (according to what we have already obferved concerning the charters and commiflions under which the Americans are governed,) it could not be le- gally levied by the feveral aflemblies of the American provinces by virtue of their char- ters and commiflions, the powers of taxation contained in thofe inftruments being not fuffi- ciently extenfive : and (which is of more im- fortance), if it could be legally levied by virtue [ i8, ] pf thofe inftruments, it would (till be impoflibk in pradtice to procure it to be levied in thkt manner, becaufe of the diiTenfions that Would infallibly a rife amongft the different colonies concerning the magnitude of the quotas which each of them ought to contribute towards it. It feems to me therefore that it could not be levied at all, according to the prefent conftitu- tion of the Britiih government, if it could not be impofed by the authority of the Britiih par- liament : and that, I think, would be very unreafonable, fince the cftablifhment, which was to be, in part, fupported by it, was fo im- mediately and fo highly beneficial to Artiericft. 1 {hould incline however to be of Opinion that, if they had paid this ftamp-duty chearfuUy, and had acknowledged the right of the Britifh parliament to impofe taxes on tbem^ (at leaft for thofe general purpofes that r6lakd to all the colonies, and to which they all ought to contribute,) they would have had a reafonable pretence for aiking to be permitted to fend piembers to the parliament as well as the coun- ties and boroughs of Great-Britain itfelf : and J do not conceive that their diftance from Great- Britain would render this at all impradticable, . . . now •ii'i,: ' li r '82 ] pow that the navigation and intcrcourfc between the countries is fo frequent and regular. And this might probably have made them eafy, and removed thofe apprehcnfions of being opprcf- fively taxed by Great-Britain, which they now declare they entertain in confequence of their want of fpecial reprefentatives in that great uf- fembly j though, indeed, I do not conceive their apprehenfions of fuch oppreflion to be very well founded, (even while they have no fuch reprefentatives,) for the reafons we have already mentioned. However, if they had de- fired to have fuch reprefentatives in the Bri- tiih parliament, in a reafonable number, in order to remove every fhadow of inequality or hardfhip, and to place them intirely on the fame footing as their fellow-fubjeds refiding in Great-Britain, I think they ought to have been indulged in their requeft, and, perhaps, could not decently have been refufed it. •>„ ^.^f -ity^ - ENGLISHMAN. c I am intirely of your opinion. They cer- tainly would have had a very equitable ground for making fuch a requefl; and it could not with any appearance of decency have been refufed refufe( warm For A ward upon reafonj fend Britain not hi thority exercifi before the Ho deed tV Americ conditu they w cxercife bufinefs which hundre( or cout and wit ingbeer upon t were b [ '8j ] rcfufed them. And this is allowed by the warmcft advocates for parliamentary taxation. , For Mr. Grenville himfelf, who brought for- ward the meafure of impofing the ftamp-duty upon them, ufed to declare that he thought it ' reafonablc that they fhould, if they delired it, fend members to the parliament of Great- Britain J though he did not think that their not having hitherto done fo rendered the au- thority of the parliament incompetent to the exercife of the power of taxation over them before this improvement of the conftitution of the Houfe of Commons had taken place. In- deed this admiflion of reprefentatives from the American colonies is the natural, obvious, and conftitutionai remedy for the inconveniences they would otherwifc be fubjed to from the exercife of the parliament's authority in the bufinefs of taxation. It is the very remedy which was applied in a (imilar cafe about a hundred years ago with refpedl to the biftioprick, or county palatine, of Durham in England ; and with com pleat fuccefs, no complaints hav- ing been made by the inhabitants of that county upon this fubje. I >i Pi I .1! m% .:;!:!' IMAGE EVALUATION TEST TARGET (MT-3) 4^ 1.0 III 1.1 1.25 Ui»U |25 vt l&i i22 lU iU lit IM HlUt. ||j8 14 11.6 I Photographic Sdences Corporation 23 WIST MAIN STRUT WiBSTIR.N.Y. )45M (716) •72-4503 \ .V •^ \ \ 4^ f-i. ■^^ ^4' t i84 ] impofcd by the Englifti parliament in the fame manner as the inhabitants of the other counties of England 5 and they conftantly paid them : and yet they fent no members to the parlia- tnent. This they thought a hardfliip, and reprefented as fuch to the parliament, andj upon that ground^ defired to be permitted to fend members to the parliament. The par- liament thought their requeft reafonable, and granted it 2 and from that time to this they have fent four members to the English Houfe of Commons, namely, two for the county, or bifhoprick, at large, who are chofen by the freeholders of it, and two for the city of Dur- ham, who are chofen by the mayor, aldermen, and freemen of the corporation of that city. This adk was paffed in the year 1 672^ which was the twentyrfifth year of the reign of king Charles II. or the thirteenth year after his teftoration* The preamble of it is in thefe words, " Whereas the inhabitants (fthe county palatine of Durham have not hitherto had the liberty and privilege of eleHing and fending any knights, and hurgejfes to the high court of par Ha- fffent, although the inhabitants of the faid county palatine are liable to all payments^ rates, and ftibftdies 1, t 185 i fuhfidies granted by parliament ^ equally with the inhabitants of other counties, cities and boroughs in this kingdom i (who have their knights and burgejjes in the parliament^) and are therefore concerned, equally with others the inhabitants of this kingdom, to have knights and burgejfes in the f aid high court of parliament of their own eledlion, to reprefent the condition of their county, as the inhabitants of other counties, cities, and boroughs of this kingdom haveT This preamble exprefles clearly the opinion that prevailed upon this fubjei^ in the Englifh parliament and na- tion, that is, in other words, it exprefles the conftitution of the Englifli government upon this matter, in the reign of king Charles IL which is the very aera of the Englifh hiftory which we ought to pitch upon in order to afcertain the rights of the American colonifts^ becaufe it was during this reign that mod of their charters were granted, and their govern- ments eftabliihed or brought into form and order. The more early part of the hiftory of England feems foreign to this inquiry, and tends only to lead us into doubt and perplexity concerning it. This meafure, therefore, of permitting the inhabitants of the American A a colonies I il t i i [ i86 ] colonies to fend members to the Britlfh parlia- ment, which you have fuggefted as the proper remedy for the complaints of the Americans againfl: parliamentary taxation, appears by this great example to be the true, natural, and con- ftitutional remedy for that grievance. And, as you alfo rightly obferved, it would be by no means impradlicable by reafon of the didance of the two countries from each other, now that the navigation to and from America is fo well underdood and fo conflantly pradtifed, and the intercourfe with it is fo frequent and regular. Indeed the difhculties of that kind, (I mean thofe that are owing to the diftance of the two countries,) have been already adually tried, and found to be trifling, in a cafe that is exadtly (imilar to that of an eledlion of reprefentatives from America in the Britifh parliament; I mean, in the appointment of agents for the American colonies refiding in Great-Britain, to tranfadt their bufinefs with the king's majefty, or his minifters of (late, or privy-council, or ivith the two houfes of parliament. The dif^ tance of thefe agents from their condituents in America is found to be no impediment to their tranfa^ing the buiinefs entrufled to them to the I '87 J the fatisfadion of their conftituents, nor to their receiving the neceflary inftrudions and informations concerning the fentiments of the colonies by which they are employed : nor is it found to be neceflary that thefe agents (hould be perpetually crofling the feas to and from America in order to receive thefe inftrudlions and informations. The fame may therefore well be fuppofed concerning any reprefentatives which the Americans (hould be permitted to have in the Britifh Houfe of Commons. They would not be under any neceflity of per- petually going backwards and forwards between England and America, any more than thefe agents ; nor would they find any greater diffi- culty in tranfading the bulinefs of their con- ftituents in parliament than thefe agents do in tranfading the buiinefs entruded to their ma- nagement out of parliament. In fhort, admit thefe agents into parliament, with a reafonable increafe of their number ; and the bufmefs is done. So far is it from being (as fome people have reprefented it,) a chimerical, vifionary, and impradicable meafure on account of th3 diftance of America from Great-Britain. Aa 2 FRENCH- iljl : :l m [ '88 ] » 'i >) FRENCHMAN. I wonder therefore that this meafure ha^ never been adopted, fince it appears to be both fo agreeable to the conftitution of the Britifh government, and fo eafy to put in pradice. Has nobody ever thought of it, or propofed it ? And, if they have, what has hindered it from being adopted, feeing that, if it were once eftablilhed, it would put a (hort and happy end to this whole unfortunate conte(t ? , ' ENGLISHMAN. •tj v/ Thefe are queftions which I am not very fure that I can anfwer. However, I will en- deavour to give you fome fatisfadlion concern- ing them. -'** >■>" - i * ■ -*^4.^< In anfwer to your firft queftion I muft obferve that this method of fettling the difputes between Great-Britain and her colonies is by no means new. It has often been mentioned and fug- gefted, and fometimes by men well acquainted both with the Britifh conftitution and the nature of the American colonies and the fentiments that prevail amongft them. Many Englifhmen 9nd many Americans have thought of it. Mr, Grenvillq war, conft verm Grenville himfelf, as I obferved before, has more than once declared in parliament that he thought fuch a meafure would be reafonable. And Mr. Thomas Pownall, (who was governour of the Maffachufets bay during part of the late war, and who is very well acquainted with the conftitutions of that and the other colony-go- vernments, and who alio was, as I have hear'd, much edeemed and refpei^ted by the people under his government,) has publickly recom- mended this meafure in two books which he has publi{hed, (the one eight or nine years ago, the other about two years ago) on the admi- niftration of the colonies. And the great Dr. Benjamin Franklyn himfelf, whofe abilities and opinions are fo much revered by the Americans, was formerly of the fame opinion. As his opinions upon the fubjeds of the prefent difputes between Great-Britain and America are juftly confidered as of the greateft weight, I will read to you, (as I have it at hand,) a part of a letter written by him to Mr. Shirley, the governour of the Ma^achufets bay, in the month of De- cember, 1 754, upon this very fubjed, of admit- ting reprefentatives from the American colonies into the Britifh parliaments .i; ^ , .: Letter 4\ m i :;i • ■ .! I m il \ I h I I! m { 190 ] I It Letter from Benjamin Franklyn, Efq; to Governour Shirley, dated, Bofton, December 22, 1754. ,. . SIR, , : « cc ,' ,s^i Bb ENG- I 194 1 f ENGLISHMAN. • I cannot well anfwcr this quedion, the ob- jc dions of many of them to this meafure being founded (as far as I have been able to obfcrve,) on a kind of fufpicion and dread of novelty, and a difguH: at the thought of mixing with people brought up in a different climate from theniielves, and under different modifications of the British government and the proteflant religion, though uting the fame language, and on the like delicate and undefcribeable feelings, rather than on any folid arguments againd it. However I will mention to you what two of the mod eminent Englifh writers upon the fubjedt • / . have pubiickly alledged againft it;' I mean '' Dr. Tucker, the learned dean of Gloucefter, (who is a violent enemy to the pretenfions of the Americans) and Mr. Edmund Burke, the , great orator in the Briti(h Houfe of Commons, '■,^.Si who, for his uncommon eloquence both in {peaking and writing, may well be called the '^om' ™o^crn Cicero. This ingenious gentleman Nb*^ founds his objedions chiefly on the delays that would be neceflary in fummoning parliaments ia order to allow time for the fending the king's - '- . ' ^'i writ anond Bucke. f ^95 1 I writ of fummons acrofs the Atlantick ocean to the American colonies to chufe their repre- fentatives, and for the eledtion of the repre- sentatives and their palTage to England to attend the p>ar]iament. The inconveniences arifing from this circumftance he reprefents in a variety of lights, and makes them the fubjed of his wit and ridicule. — - , — . FRENCHMAN. ' • r • Fray, what are the inconveniences that he lays fo great a ftrefs upon ? — If you can recoi- led them, I beg you would ftate them -, for I cannot conceive any objections to fuch a mea- fure, arifing merely from the diftance of the two countries, but what might be eafily re- moved. ^ .. ENGLISHMAN. . \ \' \ I think you are quite right in this opinion. And, accordingly, the objei^ions he has made to this meafure, are, as you imagine, of fuch a kind, that a very little contrivance is hecefiary to remove them. But that contrivance he has not thought fit to ufe; though it evidently appears from what he has faid upon the fubje<5t, ifi B b 2 that Mi^ that {ome of the proviiioqs n^ei&ry to remove thofe ohjedions had not efcaped his obfervation. The parage in which he ha^ flated thefe ob- jedtions is contained in a pamphlet publiihed in the year 1769, and intituled, <* Objervations on a late State of the Nation^* which was written in anfwer to another celebrated pamphlet, that had been publi(hed a little before, with the title of " The prejent State of the Nation^' and which was fuppofed to be written by the advice and direction of the late Mr. George Grenville, and which the author of the Obfer- vations on it eveiy where coniiders as Mr. Grenville's work. As both thefe pamphlets are here at hand in the book you fee lying upon that table, I will look out the palTages in them both which relate to the prefent fubjedt, and read them to you, if you are inclined to hear them. They take up but fix 01 feven pages in that odtavo volume. FRENCHMAN. ,i'-'\ h ..i .y I (hall be much obliged to you for reading them. It will give me great fatisfadion to hear what two fuch men as the late Mr. George Grenville and Mr. Burke have delivered upon - ' ■ - -■ .;:: ;. " fo [ 197 1 {o important a fubjeds — not to mention the entertainment you have taught me to expert from the wit and vivacity of the latter in his manner of treating it. ' « * ENGLISHMAN. fs The paffage in the firft-writtcn of thefe pamphlets, called " The prefent State of the Nation^' which relates to this fubjedt of Ame- rican reprefentation, is as follows. " The a paffage of a ccic- prodigious extent of the Britiih dominions in brated America, the rapid increafe of the people there, fn favour and the great value of their trade, all unite in Hcan ref ' giving them fuch a degree of importance in Son!"'** the empire, as requires that more attention fbould be paid to their concerns, by the fu- preme legiflature, than can be expe or make other laws to affedt the lives or liberties of the fubjeifts in the colonies, that I propofe their fending members to par- liament : the authority of that auguft aflembly is not limited by the conftitution, to be exer- cifed over thofe fubjedts only, by whom the Houfe li tm i!l- [ 198 ] fifbufe of Commons is chofen. The fuprftme legiilatur© repi cfcnts all the fubjeds of the ftate : ** For the legiflativc is the joint power of every " member of the fociety, given up to that per(br> " or that aflemblyv which is the legillator."* it is only eflential to the completion of the legillative power in Great-Britain, that the members of )the Houfe of Commons fliould be commoners, .and cledcd by commoners. The prefcribed mode of election may be altered at any time ; but this eiTential principle cannot be changed with- out difTolving the conditution. jiii* ,^y ..,w *..;». ** The number of the eledlors is, I conceive, become too fmall in proportion to the whole people, and the prefent importance of the co- lonies feems to demand that fome among them fhould be vefted with the right of elcding ; for it is not reafonable or fitting that the right of eledion for the whole of the elective part of the fupreme legiflature, fhould continue re- flrained to certain inhabitantis of Great-Britain, mw^ that fo many of the fubjedts of the realm relide out of Great-Britain. On this principle, and on this principle only,^ it is, that I think the colonies ought to be allowed to fend mem- bers to parliament. DiffLling the right of ekdion * dee Locke's Treatifc on Government ^f 4. Krt 4 .«•• [ J99 ] cledlion will certainly give each part of the empire a better opportunity of laying open grievances, and obtaining rcdrefs, of acquiring benefits, and removing cauies of complaint, than they can have whWo it is confined to fuch only as reiide in Great-Britain. But let it not be imagined, that by increafing the number of the eledors, or adding to the members of the ]H,oufe of Commons, any new rights can be given to the legiflature, or that the fovereign authprity of the legiflature can be enlarged over thof^ who were always fubjedts of the realm ; it mud always have been abfblute and com- pleat over them, and it is not, therefore, capa- ble of addition or enlargement." This is the pafTage in favour of American reprefentation, in the pamphlet wi;itt;en |)y Mr, Grcnville, or his friend. Do you fee any thing very abfurd in it,> or that affords much room for ridicule? ' (• ■<■ V^fU ':::n FRENCHMAN. Truly it feems to me to be very rational 'and judicious. Nor does my dull imagination enable me to conceive in what manner it can be made the objedt of ridicule. I am therefore impa- tient to hear the pafTage in the other pamphlet, in which, you fay, this has been done. ENGLISH- :- ri ;*f^ I Ifii r,"'- t„ [ 200 ] ENGLISHMAN. '1 .. It has indeed been done, Botwithdanding you feem to think it impofUble :— and done too with fb much fuccefs as to indifpofe a great number of people againfl: the meafure of an American repre- fentatlon, and make them conceive it to be vilion- ary and impradicable, though they were for- Apaflage mefly inclined to think it reafonable. The firft famous paflage m the pamphlet called " Obfervattom jnanfwer OH a late State of the Nation^** in which the mer. ^ forcgoing paflage of the fornier pamphlet is remarked on, is in thefe words. " Thfe fe- cond projerc of this author [that is, the author of the former pamphlet called " The prefeftt State of the Nation^*\ is an addition to our re- prefentatives by new American members of parliament. Not that I mean to condemn fuch fpeculatife enquiries concerning this great ob- ject of the national attention. They may tend to clear doubtful points, and poflibly may lead, as they have often done, to real improvements* What I objedt to, is their introdudion into a difcourfe relating to the immediate flate of our affairs, and recommending plans of pradtical government. In this view, I fee nothing in them ^ J m f 201 ] them but what is ufual with the author ^ atl attempt to raife difcontent in the people of England, to balance thofe difcontents the mea- fures of his friends had already raifed In America.** And the fecond and principal paflage is in thefe words. " Now comes his American repre- fentation. Here too, as ufual, he takes no notice of any difficulty, nor fays any thing to obviate thofe objedions that muft naturally arife in the minds of his readers. He throws you his politicks as he does his revenue } do you make fomething of them if you can. Is not the reader a little adonifhed at the propofal of an American reprefentation from that quar- ter ? It is propofed merely as a projedl of fpe- culative improvement; not from the neceffity in the cafe, not to add any thing to the autho- rity of parliament : but that we may afford a greater attention to the concerns of the Ameri- cans, and give them a better opportunity of dating their grievances, and of obtaining re- drefs. I am glad to find the author has at length difcovered that we have not given a fufficient attention to their concerns, or a proper rcdrefs to their grievances. His great friend WGuld once have been exceedingly difpleafed Cc with / '^-.m H»f;' I ,«, iH ;i m\,: m [ ' 202 ] \Krith any perfon, who (hould have told him, that he did not attend fufficiently to thofe concerns. He thought he did fo, when he regulated the colonies over and over again : he thought he did fo, when he formed two general fyftems of revenue j one of port-duties, and the other of internal taxation. Thefe fyftetas fuppofed, or ought to fuppofe, the greateft attention to, and the mod detailed information of, all their affairs. However, by contending for the Ame- rican reprefentation, he feems at laft driven virtually to admit, that great caution ought to be ufed in the exercife of al/ our legiflative rights over an object: fo remote from our eye, and fo little conne'ded with our immediate feelings ; that in prudence we ought not to be quite fo ready with our taxes, until we can fecure the defired reprefentation in parliament. Perhaps it may be fome time before this hopeful fcheme can be brought to perfedt maturity; although the author feems to be no-wife aware of any obftrudions that lie in the way of it. He talks of his union, juft as he does of his taxes and his favings, with as much Jang f rot d and eafe, as if his wi(h and the enjoyment were exadtly the fame thing. He appears not to [ 203 ] to have troubled his head with the infinite difH. culty of fettling that reprcfentation on a fair balance of wealth and numbers throughout the feveral provinces of America and the Weft- Indies, under fuch an infinite variety of cir- cumftances. It cofls him nothing to fight with nature, and to conquer the order of Providence, which manifeftly oppofes itfelf to the poffibility pf fuch a parlianpientary union* cc But let us, to indulge his pafHon for pro- jeds and power, fuppofe the happy time arrived, when the author comes into the miniftry, and is to realize his fpeculations. The writs are ifTued for electing members for America and the Weft-Indies. Some provinces receive them in fix weeks, fome in ten, fome in twenty. A vefTel may be loft, and then fome provinces may not receive them at all. But let it be, that they all receive them at once, and in the fhorteft time. A proper fpace muft be given for pro- clamation and for the eledion 5 fome weeks at leaft. But the members are chofen ; and, if fhips are ready to fail, in about fix more diey arrive in London. In the mean time the parliament has fat, and bufinefs has been far advanced without , .4 r Cc 2- * American ^ i I v: \ y T 204 ] American reprefentatives. Nay, by this time, it may happen that the parliament is diflblvcd ; and then the members (hip themfelves again, to be again elefted. The writs may arriye in America, before the poor members of a parlia- ment in which they never fat, can arrive at their feveral provinces. A new intereft is formed, and they find other members are chofen whilft they are on the high feas. But, if the writs and members arrive together, here is at beft a new trial of {kill amongft the candidates, after one fet of them have well aired themfelves with their two voyages of 6000 miles. i .■^'^L ** However, in order to facilitate every thing to the author, we will fuppofe them all once more elected, and fleering again to Old Eng- land, with a good heart, and a fair wefterly wind in their ftern. On their arrival, they find all in a hurry and budle ; in and out j, condole- ance and congratulation ; the crown is demifed. Another parliament is to be called. Away back to America again on a fourth voyage, and to a third eledtion. Does the author mean to make our kings as immortal in their perfonal as in their politic charader ? or, whilft he bountifully adds to their life, will he take from them their pre-* rogativc [ 205 1 rogative of diflblving parliaments, in favour of the American union ? or are the American reprcfentatives to be perpetual, and to feel neither demifes of the crown, nor diifolutions of par- liament ? " But thefe things may be granted to him, without bringing him much nearer to his point. What does he think of re-eledion ? is the American member the only one who is not to take a place, or the only one to be exempted from the ceremony of re-eledlion ? How will this great politician preferve the rights of eledlors, the fairnefs of returns, and the privilege of the Houfe of Commons, as the fole judge of fuch conteds ? It would undoubtedly be a glorious fight to have eight or ten petitions, or double returns, from Bolton and Barbadoes, from Phi- ladelphia and Jamaica, the members returned, and the petitioners, with all their train of attor- nies, foUicitors, mayors, fele6l-men, provoft- marfhals, and about five hundred or a thoufand witnefTes, come to the bar of the Houfe of Commons. PofTibly we might be interrupted in the enjoyment of this pleafing fpedlacle, if a war fhould break out, and our conflitutional fleet, loaded with members of parliament, re- turning ;4f 'i ' i- .*( •t!' I'll <".!., '.■ m ■' ,■■ 'I ■• ' ■■<',, , 'ji ■; '; si :, ;' 5. M ".,'i 'I ^ • ••. 1 1 1 • I li m a v{ 206 ] turning ofHcers, petitioners, and witnefles, the eledlors and elcdcd, fliould become a prize to the French or Spaniards, and be conveyed to Carthagena or to La Vera Cruz, and from thence perhaps to Mexico or Lima, there to remain until a cartel for members of parliament can be fettled, or until the war is ended. • " In truth, the author has little fludied tliis bufmefsj or he might have known, that fome of the mofl confiderable provinces of America, fuch for inftance as Connedicut and MaiTa^ chufletts Bay, have not in each of them two men who can afford, at a diflance from their cftates, to fpend a thoufand pounds a year. How can thefe provinces be reprefentcd at Weft- minfter ? If their province pays them, they arc American agents, with falaries, and not inde- pendent members of parliament. It is true, that formerly in England members had falaries from their conftituents -, but they all had fala- ries, and were all, in this way, upon a par. If thefe American reprefentatives have no fala- ries, then they muft add to the lift of our pen- fioners and dependants at court, or they muft ftarve. There is no alternative ; t' .- •«,,«- , ': . ; Enough cc [ 207 ] . Enough of this vifionary union ; in which much extravagance appears without any fancy, and the judgement is (hocked without any thing to refrefli the imagination. It looks as if the author had dropped down from the moon, without any knowledge of the general nature of this globe, of the general nature of its in- habitants, without the lead acquaintance with the affairs of this country. Governour Pownal has handled the fame fubje of different forts of men." This is the whole of what that ingenious writer has alledged in oppofition to the meafure of an American reprefentation. Are you con- vinced by it that the meafure is impradicable ? . FRENCHMAN.; \ '. :U By no means : though I confefs I have been much entertained by the lively manner in which the author treats the fubjed, and the odd cir- cumftances of didrefs and difappointment in which he has contrived to throw the new Ame- rican reprefentatives which his antagonid had propofed to admit into the Britiih parliament. The pidture of a French privateer intercepting a cargo of American legiflators in time of war is' particularly diverting, as well as their difap- pointment, upon other occafions, at finding, upon their fird landing in England, that the padiament they were fummoned to attend is at an end by a fudden and capricious didblution, or by the unexpeded death of the king. But thefe misfortunes are extremely improbable^ or . '. ' rather t 209 ] rather almoft impoflibloj and therefore arc no real obfcAions to, the plan. And, even if they were likely to happen upon the author's fup^ poiition of an exadt reiembl r jfi ' The provifion you have fuggefted to avoid the inconveniences arifing from fudden difiblu- tions of the parliament, or the unexpeded de- mife of the crown, namely, that the feats bf the American reprefentatives (hould not be va- cated by thefe events, but only fufpended till the meeting of another parliament, feems to have occurred to this ingenious writer, but, in the Mvm t m ';:v'i: if;:, ; 1 ■ I • '! -"If li ' ; 1 ll [ ,214 ] the heat of controverfy, to have been difap-* proved by him. For he afks, with a fort of triumphant indignation, " whether the Ameri- " can reprefentatives are to be perpetual, and " to feel neither demifes of the crown, nor " diffolutions of parliament," as if the very dating fuch a propofal were a fufficient proof of its abfurdity. But it is probable he would have confidered this as lefs abfurd if he had thought of the other part of the provifion you fuggefted, namely, that the American repre- fentatives were to be chofcn anew every year. For this renders this new privilege, of retaining their right to fit in the next parliament without a re-elcdtion, a matter of very little confequence. And for this reafon they ought likewife to be permitted to retain their' feats in parliament after taking a place, as well as upon a diflblu- tion of the parliament, or a demife of the crown. For, if their conftituents were difpleafed at their condudt in fo doing, they might chufe another perfon in their (lead in the following fummer. The permitting a member whofe condudt had not anfwered their expedtations, to retain his feat in parliament for only one year, could not do them any material prejudice, nor give them much caufe of offence. Indeed [ 2*5 1^ • Indeed this provifion, of chufing the mem- bers anew every year, would have very extenfive good efFedls. Amongft others, it would keep the American reprefentatives in a perpetual ftate of dependance upon their conftituents, and thereby oblige them to confult their welfare and conform in a good meafure to their incli- nations, inftead of facrificing their interefts to the minifters of ftate for the time being, in ex- change for places or other emoluments for them- felves. This fort of treachery in the members that would be chofen into the Britifli parlia- ment to reprefent the American colonies, in cafe an American reprefentation were to take place, is what, I know, the Americans are very much afraid of, and is confidered by them as a ftrong objedion to the meafure. Sir Francis Bernard, who was for many years governour of the province of the Maflachufets Bay, fays in his 13th letter dated from Bofton (where he then relided as governour,) in January, 1768, (which he himfelf afterwards publiflied in London in the year 1774,) that it has been a ferious objedion in his province to the meafure of an American reprefentation, *•" that the Ame- rican reprefentatives would be fubjeSi to undue influence" ■i :|;1 'f mm 'ill m ii': ■' ■I Jih ir L, i! I l FRENCHMAN. - One of them is the difficulty of determining contefted elections. He aflcs, bow it will be Ee - pjjlble '[,■•'■ ;!*]',!? I ■ii 1;' [ 218 ] fofible to preferve the rights of ekSlorSy the faif" nefs of returns and the privilege of the Houfe of Commons as the fole judge of fuch contejis* And he then adopts thefe words. " // would un^ doubtedly be a glorious fight to have eight or ten petitions^ or double returns^ from Bojion and BarbadoeSy from Philadelphia and Jamaica^ the members returned^ and the petitioners with all their train of attornies, follicitors^ mayor s^ feleSi fneny provqfi-mar/halsy and about five hundred or a thoufand witneffes^ come to the bar of the Houfe of Commons'* Could you not find fome way of avoiding this formidable difficulty, or rather army of difficulties, which this author thus marshals in array of battle againft our propofai } : ' ENGLISHMAN. / ^ -^ There is nothing more eafy than to get rid of this difficulty upon the fuppofition of an annual eledtion of American reprefentatives in the manner you have advifed. For then we may obferve, in the firft place, that it would be a matter of no great importance whether con- tefted eledions were rightly determined or not. The contefted eledtions are always a very fmall number in comparifon with thofe concerning which , ^ { 219 ] which there is no conteft. And It would little afFed: the intereds of either Great-Britain or America, if, out of fourfcore members (for that is the number which I think it would be reafonable to allow the American colonies, in- cluding the Weft-India iflands, to return to the Britifti Houfe of Commons, if this meafure of an American reprefentation were to take place,) five or fix were to retain their feats in parliament for one year only, though they had been chofen by only a minority of their conftituents, and had been falfely returned, by the officers who pre- fided at the eledlions, to have been chofen by the majority : fo that it would be a fafe, as well as an eafy, pradtice, upon the fuppofition of thefe annual eledions, to admit at once the member that was returned, without any inquiry before the Houfe of Commons into the merits of the eledtion. And in the cafe of a double return, feme equally fummary, and even arbi- trary, method might be taken to determine which of the two members fhould keep his feat, without any materia! prejudice to the in- tereft of the publick, becaufe of the fhortnefs of the time for which the eledtion would have been made. As to the private injury done to E e 2 the /*;:;■•! ,1 I ■| ! ' [ 220 ] the perfon who would have been unjuAly ex- cluded from his feat in parliament by the mif- condudi of the returning ofHcer, that might be compenfated in the fame manner as all other private injuries, to wit, by an adlion on the caie for damages againft the returning officer or other perfons by whom the injury had been commit- ted. And thus your provifion, of having thefe eledions renewed every year, would render thefe eledtion-difficulties of little or no import- ance to the publick, and confequently make the fair determination of them become unnecefTary. But, fecondly, this provifion of yours would probably have a flill better efFedl. For it would prevent thefe difficulties. There would be no falfe returns, nor double ret j/ns, nor any irre- gular proceedings, or jockeyfhip, ufed at thefe eledions, fo long as the members were to be chofen only for a year. It would not be worth the while of either the candidates or the re- turning officers to incur the odium, or expofe themfelves to the penalties, that always attend fuch pradlices, for the chance of a feat in the Britifh Houfe of Commons for only one year. And, .nd, And, thirdly, the method in which, 1 appre- hend, thefe American reprefentatives would be chofen, would intirely preclude all pofTibility of thefe falfe or double returns, or other diffi- culties concerning their elcdions. For they would be chofen, I prefumc, (at lead I think they ought to be fo,) by the alTemblies of the feveral colonies: and the members of every afTembly, when they voted for one of thefe re- prefentatives, (hould fign a commiffion, or rather, (as we obferved before,) two or three draughts of a commifHon, impowering him to reprefent them in the Britifh Houfe of Commons for the fpace of one year and for fuch further time as ihould elapfe before another fuch commiffion fhould be received in England. And the fpeaker of the houfe of afTembly, and the fecretary of the province, or fome other publick officer, or officers, of note in the province, fhould attefl the fignatures to the commiffion, or declare that they faw the members of the aflembly make them. And no reprefentative fhould be deemed to be eleded unlefs his commiffion had been figned by a majority, not only of the members of the afTembly prefent at the eledion, but of all the members of which the afTembly is com- pofed. ■.n I, ll il f ' 1 !'l II ■ ll ■ m ' • t I M! [ 222 ] pofed* By this manner of eledling thefe repre- fentatives I prefume it would be next to impoflible that any contefl^ concerning the eledions (houid arife. So that I think we have AifHciently an- fwered this objection of the ingenious writer, which is grounded on the difficulty of deter- mining the elections that might happen to be conteiled. * ■ U i . ' But, I think, you hinted at another objedlidn flarted by this author to this plan of an American reprefentation. Pray, let us now confider it, that nothing that has been alledged by a gentle- man of fuch eminent abilities may be pafTed over without notice. • - - . / - I • FRENCHMAN. This laft objediion (for I recolledl no other,) IS the difficulty of finding proper perfons to be reprefentatives for the American colonies in the parliament of Great-Britain. The author fays, ** that Jome of the moft conjlderahle provinces in America, as, for infiance, Connedlicui andMaJfa^ cbufets Bay, have not in each of them two men who can afford, at a diftance from their eftates, to jpend a thoufand pounds a year" And there- upon he exclaims, " How can thefe provinces be reprejented [ 223 ] reprefented at Wefiminfier ? If their province pap them, rhey are American agents^ with Salaries^ and not independent members of parliament. It is true, that formerly in England members had falaries from their conjiituents j but they all had falaries, and were all, in this way, upon a par. Ifthefe American reprefentatives have nofalaries^ then they muft add to the lift of our penfioners and dependants at court , or they mujl ftarve. 'There is no alternative!* What fay you to this diffi- culty ? which, I mud own, does not appear to me to deferve fo much (Irefs as the author lays on it. For I (hould imagine it would be far from difficult to find a fufficient number of very fit perfons who would be willing to reprei'ent the American colonies in parliament. ENGLISHMAN. , I intircly agree with you that it would be by no means difficult to find fuch perfons, even upon a fuppofition that they were to receive no falaries from their conflituents. But upon this head I differ totally from this writer. For I fhould wifli that they might receive falaries from the colonies for which they ferved ; — and handfome ones too, — not Icfs thanjC«iooo ft^r- , ling m i iMii' lif 111 I 224 ] ling a year, if their conftitucnts could afford to allow them fo much : and for this plain reafon, that they might not be under a tempta* tion to accept emoluments from another quarter. I fee nothing difhonourable, nor dangerous to the publick welfare, in their being in this man- ner dependant on their conftituents from the obligation of gratitude, any more than in their dependance on them, in the manner above- mentioned, from a motive of a different kind by means of the annual return of their eledions. Both circumftances would confpire to keep the connexion between them and their conflituents as clofe as poflible, which otherwife, from the diilance at which they would be removed from each other, might be in danger of being re- laxed. And it is remarkable that the man who mofl diflinguifhed himfelf in the long parlia- ment of king Charles II. as an inflexibly honeil man and a faithful and diligent member of par- liament, I mean Andrew Marvell, the member for Kingflon upon Hull in Yorkfhire, received his wages from his conflituents during the whole lime; and was the only man in the whole par- liament who did fo. He ferved his conftitucnts vrith punctuality and aflfci^ona and conftantly wrote [ 225 1 wrote them an account of the principal pro-i ceedings in parliament, and of the part he had taken in them : and they on their part had a flrong fenfe of his fidelity and diligence in their fervice, and the general integrity of his cha- racfter: fo that their condudl with refpedl to each other is become almoft proverbially a pattern of the connexion which ought to fubfift between an upright member of parlia- ment and his conflituents. m^ But it may perhaps be further objeded, that it would be too great a burthen of expence upon many of the colonies, efpecially the nor- thern ones, to pay their reprefentatives in par- liament fuch wages or falaries as would be neceffary to induce them to undertake the office, and to enable them to maintain a decent appearance in England while they refided there in the dilcharge of it ; which could not well be lefs, as I above remarked, than £,iooo fterling a year to each reprefentative. Now, in aiifwcr to this objedlion, fit may be obferved in the firft place, that many of the American provinces, as, for inftance, the Weft- ^ F f . India [ 216 ] India iflands, the Carolinas, Virginia, Mary- land, and Penfylvania, could well enough afford this expence of a few thoufand pounds a year to reward the fcrvices of their reprefen- tatives. And, if they could afford it, it would certainly be money extremely well laid out, and would be returned to them with advantage by the zeal and adivity with which their in- terefts would be fupported in parliament. - - »./*.*- And, fecondly, as to thofe colonies which could not well afford fuch an expence, it may be anfwered, that they could eafily find perfons "who would undertake the honourable employ- ment without any pecuniary recompence. ^-'^ ' I know it will here be faid, and with truth, (as it has been by the eloquent author above- mentioned) that there is not on the continent of North- America, or at leafl in the northern half of it, an order of gentry, as in Old Eng- landy that is, of perfons of liberal education and eafy patrimonial fortunes fufficient to en- able them to undertake honourable offices for the fervice of their country without any pecu- niary advantage;-— that the richefl people among ' . '^; \ them r 227 ] them are their merchants, who cannot negledl their trade without running the rifque of being ruined 5 — that their landholders, though many of them own large trads of land of thirty or forty thoufand acres, yet are either forced to keep their land in their own hands, and culti- vate it by negroe flaves, which requires their own continual prefence and fuperintendance ; or, if they let it to tenants, to let it at fuch very low rates, that they are unable to under- take fo expenfive an employment as that of a commiflioner to the Britifli parliament without a falaryj— and therefore that thefe colonies will not be able to procure fuch commif-^ fioners y But to this it may be anfwered, in the firfl place, that in (bme of thofe colonies there is an order of gentry very evidently riling up, that in a couple of generations will produce a con- iiderable number of perfons of fufficient patri- monial fortunes for the purpofe here mentianed 5 more efpecially in the provinces of New York and New Jerfey, where the Englifli law of in- heritance by primogeniture takes place. Ff 2 And, n ^ \ s ■ ■ ■ W'f ■ , > n !■ i 5(1 ' ill' 1 •m 1*1 ■M 8- ^ I \ 1 '11 i ' :1 ' '! il [ 228 1 : ' And, fecondly, fuppoling that there neither now is, nor ever will be in time to come, in the colonies themfelves a fuflicient number of perfons able and willing to undertake thefe employments gratis, yet there are numbers of gentlemen in England who would be glad to undertake them, and wpuld efteem themfelves highly honoured by the colonies which (hould think fit to chufe them 3 and many of thefe gentlemen might be as- fit for thefe employ- ments, and as likely to ferve theis condituents with zeal and fidelity, as the natives of America themfelves. Three forts of perfons occur to me upon this occafion as likely to anfwer this defcription. The firft fort confifts of fuch perfons as have been governours, or lieutenant-governours, or chief juftices, or commanders of garrifons or of regiments, or officers of the Crown in any other office of trufl or importance, and who have.^gained the confidence and good opinion of the inhabitants of the colonies in which they have ferved during their continuance in their offices, but are fince returned to England to fpend the remainder of their days in their native country. 11 I i |!i i'l li ; ; [ 229 ] country* Thefe gendemen would be well ac- quainted with the circumftances of the colonies they had belonged to, their conftitutions, genius, laws, and trade, and would be the mod able and intelligent commiiiioners in parliament that they could chufe : and it may well be fuppofed that they would likewife retain an aiFedtion for the people amongd whom they had fpent a confiderable part of their lives, and from whom they had received fo Jaonourable a mark of confidence and efleem. The fecond fort confifls of the Englifh mer- chants, refiding at London or elfewhere in England, who trade to the feveral colonies in America. Thefe perfons would underiland at leafl the mercantile interefts of the colonies they traded to, and would be fincerely con- cerned for their welfare, with which their own interefts would have fo clofe a connedion j as was experienced at the time of the repeal of the ftamp-adt, and for fome years after, in the zeal with which the London merchants con- cerned in the trade to America fupported the then claims of the Americans. And there is no doubt that thefe Englifh merchants would gladly .; I III "4 I 230 ] gladly undertake the office of commiffioners of the colonies, to which they traded, in the Bri- tiih parliament without a falary. The third fet of perfons who would, as I conceive, be glad to undertake thefe employ- ments without a falary, are Englifh gentlemen of independent fortune ; who would, as I con- jedture, employ part of their wealth in the pur- chafe of landed eflates in the American colonies* and would go and refide upon them for a few years, in order to acquire a knowledge of the concerns of the provinces in which they were iituated, and recommend themfelves to the inhabitants of thofe provinces as fit perfons to reprefent them in the Britifh parliament. This would be of advantage to the provinces in which thefe purchafes were made, in two re- fpeds : firft, by the money it would bring into thofe provinces to make the purchafes with, which would quicken trade and induflry : and fecondly, by promoting a friendly intercourfe between the inhabitants of thofe provinces and thofe of Great-Britain, when the fame perfons would often be proprietors of land in both countries, and confequently would have occaiion to t ^31 ] to go from the one to the other to infped the condition of their property, which would doubtlefs be followed by perfonal friendfliips between the refidents of both countries and their refpedive families, and often by inter- marriages; which are grounds and means of union that ought by no means to be difregarded by two remote branches of the fame nation that fincerely defire to continue under the fame dominion. From fome of thefe three clafles of men re- iiding in Great-Britain, the Americans would always be able to chufe a fufHcient number of intelligent and faithful commiflioners to repre- fent them in the Britifh parliament. , , , ^ j , r: Thefe are my reafons for thinking that there would be no difficulty in finding a fufficient number of fit perfons to reprefent the American colonies in parliament, % > %> , "^ FRENCHMAN. ,, ,,,,4^ I think you have made it very plain that fuch perfons might eafily be found. And thus we have got rid of all the objedions m'.de to the } ?,ifN [ 232 ] the meafure of an American reprefentation by this celebrated author. But| pray, inform me what are the objedUons made to it by that other learned writer whom you mentioned fome time ago, and whom I think you called Dodlor Tucker? For I am curious to know every thing that has been faid againfl a meafure that hitherto appears to me to be at once fo eafily pradticable, and fo highly beneficial to all parties. ENGLISHMAN. Dr. Tucker's objedions are grounded fingly on his opinion of the ill temper of the Ameri- cans, and their indifpoiition to fubmit to the authority of the Britifh parliament upon any terms or conditions that can poflibly be pro- pofed. In this way of thinking he infifts pofi- tively that, if the Americans were permitted to fend members to the Britifh parliament, and were actually to fend them, yet they would flill find fome pretence or other to refufe to pay obedience to it's ads. He therefore thinks that the wifefl (lep Great-Britain can take with refpedt to the Americans, fince (he finds it fo impradicable to govern them, is to turn them ...■••iv.f. t 233 ] off, and give them full liberty to fct up for them- felves as independent ftates, with fuch forms of government as they thcmfelvcs (hall think fit to adopt. ' ^ ^ ^ V FRENCHMAN. This feems to be a hafty way of proceeding, and ought, methinks, to be poftponed till fomo attempts have been made to reconcile the con- tending parties, either by this, or fome other, plan of an union or agreement, and have been found to be incfFedual. The mutual benefits arifing to both from their prefent connexion, hnperfedt as it may be, feem to be too great to be thus peevifhly thrown away. ENGLISHMAN. \ I believe moft people are of that opinion. But the dodtor is a man of a warm temper, and who eagerly purfues what appears to him to be the truth, how different foever it may be from the fentiments of other men. And upon this fubjedt he is confident that he has exa- mined all the other methods of adting which Great-Britain can purfue with refpedt to the American colonies, and has found them to be G g attended >i I , M [ 234 ] attended with much greater inconveniences than his plan of a voluntary reparation. FRENCHMAN. But does he give no reafons in fupport of his opinion, that the Americans would refufe to pay obedience to the Briti(h Parliament, if they themfelves had been permitted, and had coniented, to fend members to it? For, as the experiment has not yet been tried, he can hardly expedt to make converts to this opinion, w/thout alledging Tome plaufible arguments in its favour. ' ^ ^ ENGLISHMAN. ' t I do not recollect that he alledges any other circumflance in fupport of this opinion, befides the uneafy and turbulent conduct of the Amc* ricans of late years in oppofition to the au- thority of parliament, with refpedl to the Aamp-ad and fome other exertions of it over them. ■■i\r%- FRENCHMAN. ' 1 cannot think that to be a fatisfadory way of reafoning. For, though they have refifted an !'! m [ 235 1 an authority which they think unlawful and ill-grounded, it does not follow that they would re(i(l an authority which they would have acknowledged to be legal, and in the eredlion and conflitution of which they would have had a fhare; which would be the cafe with the Britifh parliament when they fliould have fent reprefentatives to fit and vote in it.. , ^: ENGLISHMAN. 1 agree with you that this reafoning is by no means conclufive : and therefore, notwith-r {landing the dodtor*s fuggeftion, 1 muft ftili take the liberty to wifli, that this experiment had been tried by admitting a competent num- ber of members from the American colonies into the Britifh parliament. But this is what I defpair of ever feeing, becaufe (as I obferved fome time ago) there is a vifible difinclina- tion in both the parties, the inhabitants of Great*Brkaia as well a& thofe of America, to come into fuch a meafure. ^ niijt FRENCHMAN. ■i^ It is much to be lamented, that there (hould be fuch a diiinclination to adopt what fcems • G g 2 V to. 'h\ # V I [ 236 1 to be the only method of producing a lading reconciliation between thefe two great branches of the Briti(h empire. Nor is it lefs a matter of furprife to me, that there (hould be fuch a difinclination, when the meafure feems to have had the approbation of two fuch able men of the two oppofite parties as the late Mr. Grenville and Dr. Franklin; and when the objections that have been made to it by Dr. Tucker and Mr. Burke appear either to be of little weight, or to be fo eaiily capable of being removed as we have feen. There mud furcly be fome reafons which you have not yet mentioned, that give occa£on to this ftrange averfion. ■ • ,^ . 1. ,,. .1 ;'^' ,, ENGLISHMAN.' "■""': I am inclined to think there are fuch reafons : but what they are, I proted I am unable to inform you, unlefs they proceed from a fort of mutual jealoufy and didrud in the two parties; and, perhaps, on the part of Great- Britain, a degree of pride and contempt of the Americans, together with an averfion to, and dread of, making innovations in her conflitution, and, on the part of America, an appreheniion that their interefls would be fagrificed to thofe It I i:! 1 ( *i7 1 thofe of Britain^ not only by means of the corruption of their reprefentatives by the crown, as I obferved before, but alfo by means of the great fuperiority of the number of the Briti£b reprefentatives in the Houfe of Commons a- bove thofe that would be fent from the Ame- rican colonies ; who, by the larged allowance that has ever been propofed for that purpofe by thofe who have recommended this meafure^ would not exceed fourfcore members for all America, including the Wed-India iilands. But thefe are mere conjedures, in which it is very pofTible I may be midaken, there being no other reaibns publickly declared and ac* knowledged by eitlier of the contending par- ties, againft this meafure, belides thofe which we have already confidered, and to which we think we have found f^ifHcient anfwers. FRENCHMAN. ' There is no arguing againft jealoufy and diC" trufl i and therefore I (hall trouble you no fur- ther upon the fubjed, except only to afk you one quedion, which occurs to me in confe^ quence of what you lad mentioned as an ap- prehenfion which would probably be entcrtain'd by ijij If: • It "I ')' •!{ !i I ■ I ■ ^: '': 1.1, 11 [ 238 1 by the Americans, in cafe this nieafure of an American reprefentation were likely to be a- dopted : I mean, the danger that the American reprefentatives would be over-borne by the fu- periour number of the reprefentatn^es chofen for Great-Britain, in all points in which the inter- efts of America were concerned. Now this brings to my mind the cafe of the Union of Scotland with England by a fimilar admifllon of reprefentatives from the former into the par- liament of England, or, as it now called, the parliament of Great-Britain, in the beginning of ' the prefent century. Pray, are the mem- bers for Scotland more than fourfcore in num- ber ? and are the interefts of Scotland facrific'd to thofe of England by means of the much greater number of reprefentatives for England of which the BritiOi parliament is compofed ? For, if this ihould be the cafe, I think it would tend to juilify the apprehenlion you fuppofe the Americans to entertain upon this fubjed : but, if otherwise, it ought to have the contrary cffedl. QJ MM'J 3'\^y-'^ »5 ^ ii^Gu ■;-.;> ~'|^ «iss.:ifi, Jb^it^^^at ■ : iyy^.:r-''r ■ £ N G- ■\J i.fi LiiiJ-ii ^y*\\ r« »»^ ** ^ ■ ^ » % •♦ ■ J 40 [ «39 1 ENGLISHMAN. ■•r»-» rft ft ■n Your queftion is a very proper one ; and the anfwer to it is both very eafy and very favour- able to the meafure we approve. The number of members fent from Scotland to the Briti(h Houfe of Commons is not fourfcore, but on- ly forty-five ; and thofe which are chofen for England and Wales are five hundred and thir- teen. And yet it is an indifputable fadt, that the interefts of Scotland have never been poft- poned to thofe of England by the parliament of the united kingdom, nor the leaft partiality (Siewn in favour of the latter. On the con- trary, the Scots enjoy advantages by the treaty of union above the Englifli. For, though the extent of their country is more than one fourth part of the whole LQand of Great* Britain, and tiie Jiumber of their people is more than a fixth part of the people on the whole illand, and the number of their reprefentatives in the Houfe of Commons is more than one tliir- tcentli part of the whole houfe, yet they pay lefs than the fortieth part of the land-tax paid by the whole ifland. And, though the value o( their lands has, during the lad thirty years, been »UI»'I,. [ 240 1 been conflantly injcreafing at a vaft rate,— much fafter than that of land in England, — yet no endeavour has been made to increafe their proportion of this common burthen. And in a great variety of inftances the intereft of Scotland has been confulted and promoted by the Britifh parliament, iince the happy union of the two kingdoms, in a manner that intire- ly removes all fufpicion of partiality to their difadvantage. And no one will pretend to de- ny that the inhabitants of that part of the ifland have likewife ever enjoyed, and continue ftill to enjoy, their full (hare of the favours of the crown in preferments of various kinds in ail parts of the Britifh dominions. ; ^ FRENCHMAN. ^itiQt this is the cafe with refpedt to Scot- land, and forty-five members chofen for that country into the Britifh Houfe of Commons, acting zealoufly for the good of their confli- tuents and countrymen, have been found, du- ring the fpace of feventy years which have e- lapfed fince the union of the two kingdoms, to be able to procure fuch advantages for them, I cannot fee upon what grounds the Americans " ' ^ fhould i,- reafe And ft of d by inion [itire- theic :ode- ifland c ftill of the in all [ 241 ] fliould apprehend that a body of fourfcore members, fitting in the fame houfe as repre* fentatives of them and the inhabitants of the Weft-India iilands, and made more dependent upon their conftituents than the Scotch mem- bers are upon theirs, by the neceffity of being annually re-eleded, would not be able to pro- cure fimilar advantages for the colonies for which they would be chofen. Surely no good reafon can be given for their entertaining fuch a doubt. -- - - . . I \ .'-u,. -'■r. ENGLISHMAN. I allow that your conclufion feems very fair, . \ that the Americans ought to reafon from i.ne cafe of Scotland in the fame manner that you do. And I may even go further in fa- vour of the meafure we are here confidering, and affirm, that the experiment has been al- ready tried in fome degree with refpedt to Ame- rica itfelf, and that the event has been found to be highly beneficial to it. For, though no members have hitherto been chofen by any of the colonies in America, yet feveral of the rich proprietors of the Weft-India iflands, who have refided in England, have been eledted into par- H h ' liament >!:i!|-' p*>.; [ 242 J 4iatnent for Englifh boroughs; and, even m this mode of admiflion, they have been thought to have had fufficient influence in parliament to obtain many important favours for that part of America with which they were connelied, fo as even to excite the jealoufy of their north- ern neighbours on the continent or North- America : for the latter have often complained of the partiality fhewn by the mother-country to the Weil-India iHands in matters relating to the trade of America, and have afcribsd it to the very circumftance here mentioned, of their having feveral of their principal proprie- tors eledted into the Britifli Houfs of Commons. It feems reafonable therefore to conclude, that the admlfHon of a confiderable number of rc- prefentatives, or commiffioners, into the Houfe of Commons, regularly chofen by the feveral colonies themfelves, and continually dependant upon them for a re-eledion the next year, could not fail of being an ef^dual fecurity to thofe colonies againft any unjuft or oppreffive proceedings of the parliament of Great-Britain. And yet I am afraid this meafure will never be adopted : fb general is the difinclination towards it that feems to have taken pofleflion of both the contending parties^ ... ' - ». FRENCH- [ 243 I CH- FRENCHMAN. ,:?- I mud: again lament that fuch an unfortunate and unaccountable prejudice fhould prevail stgainft (o ufeful a meafure. But, (ince it does prevail, I think the parliament of Great-Britain ought to be very fparing and tender m the ufe of their authority over the colonies, and, as they are confcious of their own unwillingnefs to permit the -colonies to {hare in that autho- rity l^ fending reprefentatives to fit and vote amongfl them, to confider the colonies as hav- ing made that moft jufl and reafonable requeft* and having received a refufal of it. ENGLISHMAN, V I intirely agree with you. Good porK:y, as well as juftice, requires that they fhould treat the colonies in that manner ; and without it I am convinced they will not be able to preferve their authority over them, at leaft not without the afiiflance of a large (landing army to be conftantly kept up amongft them, the expence of which, together with the other inconveni- ences and dangers attending it, would greatly , ^5 H h 2 over* Equity and expedience of exerting the autho- rity of par- liament o- ver Amerir ca in a very Tparingand tender manner. Inconveni- ences^ that would at- tend an at- tempt to govern North-A- merica by means of 4 Handing arm^. .ft ■ 111 m m 1 ' Such an attempt would be contrary to the free fpiritofthe Englifh conftitu- tion. 'And it would re- quire an army of at leaft forty thoufand men. t 244 ] I over-balance the advantages refulting from fucli a pofTefiion of them. FRENCHMAN. Such a poiTeflion of America would be quite inconfiftent, as I conceive, with thd fpirit of the Englifh conditution, which, as I have always heard, i& founded on general confent and the good-win of the people, and is averfe to the ufe of (landing forces, except in time of war and againft foreign enemies. And, if we con- fider the great extent and populoufnefs of North America, it will be evident that it is not a fmalt army that will be fufHcient to keep its inhabi* tants in fubjedion againft their will. I conceive that it would require at leaft forty thoufand men to do fo, including the troops kept in this province and in Florida, and in the diftant pods in the upper country amongft the Indians. And even with fuch an army the poiTeflion of Ame

'• ''t 1 ! * ' ^\' i, i !* h The pro- m | bable ex- t ^ S "ji 4'"| jericc of • 1 ceeping *; > ':f (uch an ar- '^h my in A- merica. ; ] f M u i^ 1^^ ■ Hi 1 1! J ' 'i I • ■- ' '1 w :4 1 ;> |j ' •Il ' ■•'" i The land, ' |:| i tax mull ; j| m probably M be aug- • ,il| mented ' iSI m u. ■ , M from four ;H . aJB to fix Ihil. !|i lings in the ''W: ''-^fl pound. m s m|[B f \jM '\m III ill m I liillli [ 246 ] preferve the Americans in a ilate of obedience to parliament at the expence of an additional and perpetual land-tax of two (hillings in the pound, and thereby to make the augmentation of the land-tax from four to fix (hillings in thepound become almod a nece(rary meafure. It would cure them of that rage of conqueft and dominion over their American fcllow-^fubjedls with which (if we may judge by fome of the late afts of parliament, and particularly the Bodon-charter adl and the Quebeck a^,) they feem of late to be infedlcd, - ' 1^ FRENCHMAN. \h Oihcrdiffi- You have only conlidered the expence of an attempt keeping them in fubjedion, when reduced to to govern jj^g obedience of the parliament, to which now America they fccm fo generally unwilling to fubmit. ^ '^^' But what, think you, will be the expence of reducing them to that obedience, if it is in the power of Great-Britain to reduce them to it? And is it certain that (he can fo reduce them, if unmolefted by foreign nations in the necef- fary exertions for that purpofe ? And will the rival nations of France and Spain permit her •,- 's.'.: Y ■ ■ to -'(' ence ional I the on of 3und ^ould inion irhich fts of liartcr ►f late t ^47 ] to continue unmolefted while (he is making thefe exertions ? Is it not more probable that they will interfere in the courfe of them in fupport of the Americans ? • • , - ■ V ' : ^ ENGLISHMAN. ^ ^ You opprefs me with this multitude of alarm-*^ ing, but very proper, queftions; every one of which fuggeds a reafon againfl: proceeding to ib dangerous an undertaking as that of reducing America by force of arms to the compleat obe- dience of parliament. For, in the firft place, Of the ex- when we confider the great expence and diffi- reducing culty of tranfporting an army of forty or fifty A!"5[*nce* thoufand men acrols the Atlantick ocean, and by force of maintaining them in a great meafure by pro- vifions fent from England and Ireland j-^and the great difficulty of fubduing a people that arc fpread over Co large a country as North-Ame- rica, (even fuppofing them not to have courage enough to meet the Britilh army in the field,) , ^ by reafon of the opportunity, which its extent will afford to the Americans, of keeping one or more armies on foot in thofe places and pro- ■ > vinccs which are out of the reach of the invad-' ♦ .1, li \ iii-jiit!'' I • if 1: ■I ^ ■' I'S This ex- pence will probably not be lefs than twen- ty-five, or thirty, mil- lions of pounds Herling ; the intereft of which is about one , million ilerline a year for ever. Therefore the reduc tion of A- merica to obedience by force of arms, and duct'd, will for ever. [ 248 ] ing army, and of harrafling the latter by de<« ilroying the country and lefTening the means of their fubiiflcnce ; and alfo, when the invading army (hall come to be feparated into imali bo- dies (in order to take pofTeHion of the different pods and countries that will be abandoned to them, and to go into winter-quarters,) by falling upon thefe fmall bodies by furprize and with advantages— -^ and the protraction of the v^rar, which will probably be the effed of thefe diffi- culties}*— — I fay, when we confider thefe and many other circumdances that will tend to make fuch a war expenfive to Great- Britain, we can hardly edimate the whole expence of it, before the Americans are brought to a general fub- mifllon^ at lefs than twenty-five, or thirty, millions of pounds fterling, which will bring on the Englifh nation the perpetual burthen of another million flerling a year for the intereft of it, over and above the million a year, above mentioned to be neceffary for maintaining the additional {landing army that muft be kept up amongft them to maintain the fuperiority fo acquired. And thus the retaining America in (libje^on by force will occafion a burthen on the revenue of Great^Britain of two millions of pounds the retaining It in fubje£tion by the fame means, when re- coil Greitc-Britain two millioak of pounds flerling per annum f «49 1 pounds Acrllng per Mrmm for ever j— -a bur- then, which no advantages to be derWed from either the trade or the taxes that can be levied in America, Will in any degree compenlate. J ■ • . • r * t r r This will be the refult of fuccefs in this dif- mal conted. But this is an event that appears '^^^ ^^' '^ tempt to to me by no means certain, not even though reduce A- no foreign powers (hould interpofe in fupport XXn^ of the Americans. Indeed, if the Americans ^^ ^^rce of ' arms will ^ould come any thing near to the Britiih troops probably in courage j — —if ten thoufand of them (hall ceft. * dare to engage with four or five thoufand of the ktterintheopeniieldi or if they (hail only have Efficient refolution to defend (Irong entrench* ments agaioft them >-^I would not fcruple to pronounce them invincible by all the force that Britain can fend againft them. And even, if Probability of a ereac they fhould fail in this eOential quality of fol- deferticn diers and patriots, they, will ftill have fbme ^^f^^^ chance of fucceeding againft Great-Britain from wiUbeicnt the probability that great numbers of the troops GreatHri- that {hall be fent againft them will defert fo mSicrfor difagreeablc a fervice, and either carry arms on «^"P"»^" their fide of the queftion, or (which is more probable) retire to the interiour parts of the 1 i country. m m I . h.' : nantroopt. I *5<» 1 country, and fettle themfelves as planters upoif fuch lands as the Americans will undoubtedly' offer to beftow on them. For thefe troops, it is probable, will either be Englifhmen or Ger^ Of thcEng. mans. If Englifhmen, they will probably feel fome troopi. ygj^£jjj,^j»g nj, making war upon people of the fame ,' religion and language with themielve^, who are fighting for what they conceive to be their jud: rights and liberties^ tho' perhaps their preteniions have in feme refpedte been* carried too far. And ?^^*P"' ^ *® ^^® Germans, they, it is probable, wilt be very little concerned about the grounds and merits of the quarrel;* but, when they find themfelves in Penfylvania, where no kfs than 1 50,000 of their count, /men are happily fettled as planters, will' think it a more defireable con^ dition to partake with them in the enjoyment of the plenty and happkiefs of which they mil find them poflefled, than to employ their valour in de^Foying it. A defertion of this kind (which ieems to me by no means improbable^ as foon as the invading army fhall have advanced a! confiderable diftance into the country, and be feparated into many different bodies,) together with the ufual wear and tear of an army» (which, without any fighting, is reckoned tq •' *' >-" confume •confome a fifth part of the troops that compo(e it every year,) would foon wafte away the army ^nt by Britain, and reduce it to the neceHlty •of ading on the defentive in fome (ingle fmall diftridt of America ; which would ultimately bring on a necefiity of abandoning the entcr- |)rize. And if, to avoid the danger of fuch a orRonm) ns of their feveral perfuafions^ or by the free and volCintary contributions of their refpedivp congregations, as was the cafe in Canada in that happy interval (the tern^nation of which you fo juftly regret,) betvveen the conquefl of it by the Britijfh arms under the wife apd humane Sir Je£Fery Amherft, and the late adt for regu-^ lating the government of Quebeck, which has revived the legal obligation to pay your priefls ^l^eir tythes, un^cr which j^u lay in ^ timp i! ! TT^ has rtcfts imp of T 253 1 of the French government. It can hardly he fuppofed that the Irifh Roman-Cathoiicks would a£t with vigour againft people who were ib difpofed towards peribns of tbetr religion : but it may rather be prefumed that they would be glad to obtain fettlcments among then), and partake of the benefit of fo mild and generous a government. In (hort, as the Canadians, (who are full as much attached to the Roman- Catholick religion as thelrifh Catholicks, and who fpeak a different language from their neigh- bours in the English colonies, and were (omt years ago fo much prejudiced againft them» and accudomed to confider them as their rivals and natural enemies, and engaged rn arms for their deftrudion,) are now fo averfe to the thought of being employed by the government to aft againft the Engliih colonies, notwith- {landing the utmod endeavours of their priefts to animate them to it 3 and are even fufpeded pf wifhing well to the caufe of the Americans in the approaching conted, and of being ready to receive them with open arms in cafe th^ (hould invade this province; I can never be brought to think that an army of Irifh Cadio- licks (if Great-BritaiQ (hould take the deipei>ue ' reiblution i ' Hj ., .V JPtobabilfty that the French will ai&ft the ilmericans before they areredttc'd to obedi' cnce. r 254 J refofution of employing fuch an one againft the Americans,) would anfwer the views of thofe who (houid employ them in this fervice. And thus» even though ^t Americans (houid prove very deficient in courag6, it feems probable that Great-Britain may fail of fuccefs in her endea^ vours to fubdue them ; which is the mod favour- able fuppofition for the caufe of Great-Britain that can be made. ■.. •'■ •■■ -•"•• ^^■^"■' But, if we fuppofe what feems more likely, that the Americans, though they at firfl may fly before the troops of Britain, by degrees (houid acquire courage enough to face them, (and courage, you well know, is very much the effed of habit;) and that France (houid, in the middle of the conteft, (when the contending parties (hall have been too much exafperated againft each other by the milchiefs they (hall mutually have inflicted, to leave any chance of an accommodation between them,) take part with America againfl Britain, (which I confider as an event that is almoft certain,) the failure of the latter in her attempt to fubdue the colo- nies will then be beyond a doubt; and the farther difgrace of her arms and ruin of )^er wealtl^ wea put too htdX tatln: fyflen confir is mo mo(l be un: upon ; united be a c difpofc rity, I the rei troops a very party w for infti every Britain, [ *55 ) wealth and commerce^ when America (hall be put into the fcale againft her, will al(b be but too probable. Such is the tendency of this fatal war which Great-Britain fipems now medi« tating againft her colonies. . ^ t / FRENCHMAN. ; The difficulties you have mentioned in the fyftem of governing America by mere force» confirm me in my opinion that fuch a projedl is moil abfurd and ridiculous, and would prove moil deflrudive to Great-Britain if fhe fhould be unfortunate enough to adopt it. But this is upon a fuppofition that the whole continent is united in oppoiition to her. For, if there fhould be a confiderable party in the principal colonies difpofed to acknowledge and fupport her autho- rity, I (hould think her proipedl of reducing the reft to fubminion, by fending a body of troops to maintain her authority, would not be a very bad one, even though the difcontented party were rather the more numerous. Suppoie, for inftance, that a third part of the people in, every province were well-difpofed to Great- Britain, might not thefe fo far counter-a6l the defigns Inquiry conceriiing theopiniott that has been enter- tained hf fome ceo. pie, that there is « -confideia* ble party amongft the Ameri- cans well. towards Oreat-fiii. taiju defigns df tht other two thinks as, i/S'ith^thd he)p of ao army of fifteen or twencjr tbcmfand mcti, to iiapprefs any atteinpts that they might make to rife in arms againft die authority of Great-Britain ? I (houUi incline to think they might: I (hould therefore be glad to be informed v^hether there ie any confiderable body of people in any of the provinces difpofed to fupport the iauthority of the modier-^oontry. amongft the Ameri* cans. ENdLlSttMAN. ^.aa kS I have lately been relident in the neigh- In^pzny tx>iiring Englifh provinces! I can fafely venture to afTure you that there is no fuch party. The Americans are all enemies to the claims and pretenfions of Great-Britain : and the only di- ftinftion to be made between different parties of them is that of adive and paflive enemies to thofc pretenfions* The former are inclined to oppofe the authority of Great-Britain by force of arms, and are preparing themfelves for fuch a contefl : but the latter (amongfl whom are the Quakers of Penfylvania, and feveral perfons of other reli^ous perfuafions in many of the provinces, who are poflelTed of a coniiderable iliare of property which they are unwilling to cxpofe r 257 T cxpofe to the rifks of wa?, and more efpecially fevcral of thfe merchants in the great trading towns,) wi(h to avoid fo terrible an event, and would rather proceed by petitions and repre- fcntations, or, perhaps, by combinations not to import goods from Great-Britain, (as on other late occalions,) to obtain fatisfadion for their grievances ; and, in cafe thefe methods fhould fail of fuccefs, would even fubmit to bear thofc grievances fooner than have recourfe to arms for their removal. But none of them are wil* ling to acknowledge the authority of the Britifh parliament in all its extent, and to aifift any army that (hould be fent to America to fupport it« And even thefe pafTive enemies of this autho« rity feem to me much fewer iii number than the other party who are preparing to rife in arms in oppofitlon to it. So far is it from being true that there is any fuch conliderable party as you fpoke of amongft the Americans difpofed tor controul the efforts of their countrymen in oppofitlon to the claims of the Britifh parlia* ment, and to afiifl a Britifh army in the mainr tenance of that authority. .' - ♦ Kk FRENCH. > m u jfif- 4 1- m Mi Ifii 'ft [ 258 ] . . FRENCHMAN. I aflced the queftion more for the fake of infor- mation than from any opinion I had formed that there was fuch a party. For by all the late ac- counts I had heard of their proceedings, I was rather inclined to think that there was not. Yet I cannot but be furprized that there are fo few perfbns in America difpofed to acknowledge the authority of the parliament, when I confider the powerful arguments in fupport of that autho- rity which you have fet forth in the courfe of this converfation j — the exprefs words of the charter of Penfylvania; — the ftrong implications of other charters ; — the grounds and reafon of iiich authority arifing from the nature of colo- nies, or dependant governments;— and the con- Aant and undifputed exertions of it for a variety of different purpofes, though not for that of internal taxation : for this, I am told, has been the cafe for more than a hundred years paft, and without any complaint of the Americans with refpedt to the want of authority in the Britifh parliament to make them. - ' ■ . . ■ t . -- . - ■ iri' ilH lit! leans the G- [ 259 ] , , ENGLISHMAN. It certainly is as you have heard. The par- liament has made a variety of laws concerning America, without the fmalled doubt in any of the Americans of their legal authority to make them. It has redr^ned the trade of the Americans by the adt of navigation and feveral other ftatutesj— ! — impofed duties upon the importation of fugars and molafles into their ports 5— eredted apoft-office throughout Ame- rica, with certain rates of money to be paid for the poftage of letters j which, by the bye, par- takes of the nature of a general internal tax upon its inhabitants j— forbid the Americans to make ufe of mills for flitting iron, or to carry either woollen manufa<5tures, or hats and felts, from one province y^ another; made freehold lands liable to b£ fold in execution of judgements for debt, in the fame manner as moveable goods j^—^and pafled many other a6is of great impoi^tance relating to the Ameri- cans, without any objedtion on the part of the latter to the infufficiency of their jurifdidkion, though they have fometimes corti plained that the adts themfelves were too fevere, as, I believe, I Kk 2 wa$ P I ii tpi Q'' i'\ m - m Ill The Ame- ricans themfelvesy till within thefe lad ten or twelve years, ufed toacknow- ledse the legiflative power of the Britifli parliament in its full extent, even with refpeft to the impo- , fition of internal taxes. I ^60 ] was the cafe with refpef): to the ad^ againft (litting-millfi. Nor did they til4 of late years difpute the right of the Britifh parliament even to impofe internal taxes on them, as appears iiii a mod ftriking manner from the following paflage of a pamphlet written by Mr. Otis, the celebrated lawyer of Bofton, who was (o adlive in the year 1765 in encouraging the oppofition to the ftamp-ad. ** It is certain that the parliament of Great-Britain hath a juft, clear, equitable, and conftitutional right, power, and authority to bind the colonies by^ all adis wherein they are named. Every lawyer, nay, every tyro, knows this. No lefs certain is it that the parliament of Great-Britain has a juft and equitable right, power and authority, to impofe taxes on the colonies^ internal and ex^ ternal, on lands as well as on trade" This pamphlet was pubiiflied in that very year 1765, in which the ftamp-ad pafTed, but, as I fuppofe, before the news of its being pafled had reached America. The foregoing pjfflage of it is cited from fome letters lignec} MaJfachufettenftSy that were publifhed in the news-papers at Bofton in the Maflachufet's Bay in the beginning Qf this prefent year, 1775. ^^^ ^ ^^^e notfeeq Mr. «»•'-■'•*■■ t «*' 1 Mr. Ocis*s pamphlet itfelf tn vrhich they wefe joriginally contained. So that it appears that fo lately as ten years ago, the univerlai authority of the Britifh parliament over the colonies, even in the article of internal taxation, was acknowledged in America by the warmed advocates for pub* lick liberty. FRENCHMAN. ^ V This having been the general opinion of the Americans till within thefe few years pad, I cannot but be furprized at the great revolution that feems to have happened in their fentiments, and (houid be glad to know the caufes that have produced it. ENGLISHMAN. ,t It is not eafy to account with much exadlnefs for this general change of the publick opinion. However, as I have lately refided in thofe pro- vinces, and have heard a great deal of conver- fation upon the fubje<5t, I will mention to you all I have obferved, or been able to colledl from information, concerning it, , , - , An account of the change of opinion amongft the Ameri* cans upon this fubjeft of late years. ■ -:>i.t In the year 1764, during the adminiftration of Mr, George Grenville (whom we have more - than f ;*! I ' i [ *62 ] • than once had occafion to mention already,) an adt was pafTed by the parliament of Great- Britain for regulating the trade of North- America in a (Iridter manner than had been pradlifed be- fore, and preventing the prodigious quantit]^ of fmuggling, or illicit trade, which had taken place in all the ports of the continent until that time ; the preceding (latutes upon that fubjedt having always been very indulgently, or rather very negligently, executed. And, amongft other checks to the former pradices of the traders of America, a ftop was put to a certain very beneficial, though illicit, intercourfe with the Spaniards of Mexico, by which a great quantity of (ilver dollars ufed to be brought into the Englifli provinces. This was a trade which it would better have become a Spanifh minider of flate than an Englifh one to be adive in preventing ; and the topping it has univerfally been cenfured as a very impolitick meafure, whoever was the occafion of it. For I have heard that Mr. Grenville denied that he had ever given any orders for that purpofe, and faid it was owing to a miftake of the meaning of the orders which the Board of Admiralty had given to the King's (loops that were employed m Wf [ »63 ) in fupporting the execution of the cudom-houfe laws, and preventing the illicit trade of America. But, whoever is to be confidered as the author of the meafure, it is certain that the meafure itfelf (though it was very foon after corredted) had very bad effedts, and raifed great complaints in America, and, with the other laws then pafTed for the better execution of the laws of trade and prevention of fmuggling, indifpofed mod of the trading part of it againd Great-Bri- tain. Yet, as thefe laws related only to the regulation of their trade, (which had always been conddered as fubjed to the controul of the Britifh parliament,) they only complained of the feverity or inexpedience of them, but did not objedto the authority by which they were made. But, while their minds were thus irri-« tated againft Great-Britain, they were told from Mr. Grenville that another a£t would foon be palTed by parliament for impofing a ftamp-duty upon them to defray a part of the expence of the military e(labli(hment in America, unlefs they (hould render fuch a meafure unnecelTaryt by railing the fame fum of money amongft^ themfi^lves by grants of their own alTemblies* And, agreeably tothis declaration of Mr. Gren-. .J I H ■9 m Of the flamp-aA ia 1765. I a<4 J ville, the ftamp-afl; was paiTed in the fpring of the following year 1765, they having refufed^ or negledted, to raife the propofed Turns by their own affemblies. This (though you and I are of opinion that it was neither an illegal nor an oppredive meafure,) was a meafure of a new kind or complexion, to which the Americans had not hitherto been accuftomed. It was railing an internal tax upon them, without any view to the regulation of their trade. This therefore afforded a plaufible handle to their po- pular writers and orators to complain of Great- Britain upon a new ground, as claiming and exerting a new kind of authority over them. The claim certainly was not new, though the exertion of fuch authority was fo, Great-Britain having never before either thought the American provinces worth taxing, or had occafion to raife taxes on them. Upon this occafion the atten- tion of the whole body of the people of Ame- rica was turned (fdrthe Sr(l time, probably, finoe the eftabli(hmcnt of the colonies,) to the confideration of tho relation they ibod in to Great*6ritain s and they were taught by their writers and popular leader, to believe that, be* caufe 4hey did not fend reprefentatives ..to the .- Britifh igof their I are w an new leans was i any This irpo- jreat- g and them. jh the Britain erican raife atten- Amc- bably» to the into their :, be- to the ritiih t ^(>5 ] firitiili pariiameht, they were not, with rcrpcdt T'** \"»*'' to internal tax.itibn, lubjcdt tb its authority. They therightof ton fined their claim of citemption to internal parliament taxes becaufc thefe were a fort of novelty }^ *™p?^* ' internal amongft thfciii, there being no adl of the Bri- taxei on tidi parliament then in force amongd then), hf which £iny interiial tax was levied upon them^ except the poll-office af tbt The repeal ft^nap-ad : and foqp j^ftcr, when the news of pf the '^ (lampaa, this violent oppofition to it arrived in England, - * '^ ■ the Britifh parUatpent, under the ^dminiftration of the Marquis Qf R.^gl§inghati5i, condefcended to repeal it. This repeal was, however, ob- tained "With digicultyji having been oppofed in both houfe? of parliament by very great minor rities. They &id it vvas a fqrrender of the authority of parliament over America thus to give way ta their forcible oppofition to it ;~r that the duty inpipofed by the ad; was neither laid without a juft Ojccafion, nor oppreffive in its quantity i^ fid^ it was res^ibnabla that the Americans ihould contribute fomething towards the expence of the new military eftablifhment piade for their defence, and the fum propofed to be raifed by it was only >C. 100,000 for all America ;-r-and that, as to the right 01' the parliament to impofe it, which the Americans denied, they could not entertain the leaft flia- dow of douht about it, and could not therefore ^onfent to repeal the a5 attorney* :): IJ f.'t W m ■i'M! !«■■ Mill ^1 [ 270 ] attorney-general during all Mr. Pitt's miniftry, and who had diftinguifhed himfelf, while he was in both thofe offices, by his attachment to publick liberty, as well as by his uncommon eloquence and abilities, and his knowledge of the laws and conftitution of the Englilh go- vernment j and Mr. Serjeant FJewet, a very learned lawyer, of known integrity, and who was at that time one of his Majefty's ferjeants, and a member of the Houfe of Commons. Thefe three refpedlable perfons plainly declared themfelves to be of the fame opinion as the Americans, ** that the BritiQi parliament had no right to; lay taxes on the Americans by reafon of their not having reprefentatives in it chofen by themfelves to confent to the impofition of them, or rather, according to the language of parliament, to concur in the granting them." This opinion aftoniftied the people of England at firft, and made a ftrong impreflion on their minds, from the chara(5ters of the perfons who advanced it. But it did not, however, prevail fo far with them, at that time, as to make many of them become converts to it, from the former univerfal and deeply-rooted opinion, " that the authority of the King, Lords, and Commons of V ... Great- Gre all that and, nenc time [ 271 ] Great-Britain, was unlimited and fupreme over all the dominions of the crown 5" though fince that time I have obferved that feveral perfons, and, amongft them, fome of conliderable emi- nence, have acceded to it. And even at that time, though this refpedtable patronage of the new American dodtrine did not induce people abfolutely to adopt it, yet it made many perfons (who were in general well inclined to the autho- rity of parliament,) lefs tenacious than they would otherwife have been, of the other opi- nion of the unlimited fupremacy of parliament, and lefs difpofed to refent the opposition made by the Americans to tfie execution of the (lamp- adb, and to take vigorous meafures to enforce an obedience to it. Thefe latter perfons, (who were, as I have heard, very numerous,) were difpofed to purfue a middle line of condudt. They thought it necelTary to aflert in the ftrongeft terms the right of parliament both to impofe this tax on the Americans, and to exercife every other adt of legiflative authority over them in the fame manner as over the in- habitants of Great-Britain itfelf ; left, if they did not, the Americans (hould apply their new principle to the excluiion of the authority of .,,; .f parliament Vm\ * i m\'i m 4 ■ i,« ■"■ /-' . 1'!:;. «n 1 3 -.1 If i 'ill :ii- m t 272 J JDarliamcnt over thehi in every other fubjeift as well as that of internal taxation. But at the famd time they were willing to forbear thcexercile of this authority for the piirpofe of imposing inter- nal taxes on the Americans ; and^ as a proof of their willingnefs to do fo, they confented to the repeal of the ftamp-adt. Thefe feeni to have been the fehtitnehts of the Marquis of Rockingham aftd the nuiiiei-ous party of Whigs, (or antient friends to publick liberty and the fucceffion of th6 Proteftant royal family now on the throhej of which he was at the head. It was further faid in favour of the repeal of this adt^ that it was uncommetcial, ihafmuch a^^ by taking away the tnoney of the American? in the form oLtaxes, it would render them lefs able to trade with the mother^country, which was the mod beneficial, as well ats the mofl conftitutional, Way by which the money of America could be brought irtto Great-Britain. And it was alfo faid, that the Americans could not obey the ftamp-ad^ if they would 5 becaulc the adl required the ftamp-duty to be paid in filvcr and gold coin, and the Americans had not coin enough to pay it. I am inclined to think that iSekhcf of thefe rcafbnS was true; but, ; however, ■»-», hi i as Lme(s in the principal pcribns of i^ll parties in Great-Britiin to permit the Ame- ricans to fend members to the British Houfe of Commons, and the apprehenfion that an en- forcement of the ftamp-ad (if it could be en- forced,) would produce a requeft from the Americans to be permitted to fend fuch mem- berG, vv'hich, in fuch cafe, could not, with any appearance of equity, have been refufed them. And laftly, the difliculty and expence that fecmed likely to attend an endeavour to enforce the a£l, (feting thatalmofl all the colonies con- curred in refiftingit,) mufl, doubtlefs, have had confiderable weight with the gentlemen then in adminiftration to induce them to the meafure of repealing it. Accordingly the adl was at laft repealed, but with the ftrongeft declara- tions on the part of the miniflers of ftate, that the reafons for repealing it were reafons of expedience only, and not any concurrence with the new American dodrine that the parliament had no right to pafs it -, and, to ftrengthen thefe declarations, a fliort ad of parliament The decia. was paflcd at the fame time, which aflerted in ratory aft |.|^^ in 1766, in ^^^ favour of the fupream legiflative autliority of the Britifli parliament over th9 American colonies. ni.k [ 275 1 Ac plainefl: and ftrongefl: terms the uiVi nitc . extent of the legiflativc authcrlty of the Erltlfli parliament over all tha king's dominions in America. By this declaratory adl the party that pafled it fuppofed they had fufficiently preferved the dignity of the parliament of Great-Britain, and difcouraged the new American dodtrine of a want of authority in it with refpedl to America on the fuhjedl of internal taxation. But the other party in England, who had oppofed the repeal of the ftamp-ad, and who were almoft as numerous as thofe who pafled it, confidered it in another light. They faid, that the repeal- ing the ftamp-aift, while the Americans ob- jected to it upon the ground of a want of authority in the Britifh parliament to pafs it, and were adlually refifting the execution of it by force upon that account, was, fubftantially, yielding the point to them, and allowing the validity of their objedlion, and equivalent to a promife never more to exercife the legiflativc authority complained of; and that paffing the a<^t which declared the parliament to have that authority, was only an idle proteflation in words^ M m 2 that m m 1 ft' % l^p. 1 1'' Ij ii ^ • %. t 276 ] that would have no weight in America in fiip«f port of that authority when accompanied by an ad that (o diredlly contradldcd it in fa&- end fuhflance as the repeal of the (lamp-adl ; and that it was, according to a Latin cxpreflioix at that time frequently cited, i^erbis ponere, re tollere the authority of parliament over America, And it is certain the Americans confidered it in this light, and called the declaratory Hiatute an innocent compliment paid by the Britifh parliament to their own dignity, a hrutum fuU meuy which could do them no harm, as long as the parliament was fo complaifant as not to adt upon it, (as they had (hewn themfelvesjuft before by the repeal of the ftamp-ad,) and which, they faid, they would counter-adl by inftruments of exadly the fame importance, namely, by refolutions of their aflemblies that the parliament had no fuch right. This wast the language of the Americans at that tim^ concerning the declaratory ftatute, though of late years, in their further difputes with Great- Britain, they have fpoken of it in a more ferir ous ftyle, and complained of it as containing the very abftradt and quinteflence of injuftice. and tyranny towards them. The repeal of the ilampi- f ^17 1 ikmp^ai^ had, however, an immediate gooj effedl in America, by redoring the peace and tranquillity of all the colonies. .... \ ' ;. FRENCHMAN. . 1 This repeal of the ftamp-a6t was certainly a great condefcenfion in Great-Britain, and ought, jn my opinion, to have removed all ground of vneafinefs between Great-Britain and her co- lonies. For I muft fo far agree with the Ame- ricans in their interpretation of the condudl of Great-Britain in repealing that adl, and at the fame time declaring by another adt the fupreme authority of the Britifh parliament over America, as to confider the repeal as a kind of promife on the part of Great-Britain not to impofe any more internal taxes on the Americans until they were permitted to fend reprefentatives to parliarnent, notwithftanding the ftrong and general terms ofthe declaratory flatute, which I conceive to have been intended rather as a guard againft a further extenfion of the new dodtrine of the Americans to other exertions of legiflative authority (which feemed much to be apprehended,) than as an intimation of any defign of impofing any other internal taxes on ;i'i 5 : \ 1- 1 -'.! 1 iMil 1 IMAGE EVALUATION TEST TARGET (MT-3) /. {./ ^ .« .V ^A 4^ 4^ ^ 1 1.0 ^lifi 1^ ^^= Itt Ui 12.2 1.1 l-KS — U£ 1.25 |U |i.6 ^ 6" ► Photographic Sciences (Corporation 23 WIST MAIN STMIT WIBSTER.N.Y. MSM (716) 872-46.^3 r 27? I bn tliem. And if Great-Britain had really laid adde all thoughts of impofing internal taxes on the Americans, I think they had reafon to be fatisfied, and ought not to have engaged in new difputes with the mother-country. Am I right in my conception of the views of Great- Britain in confenting to the repeal of the (lamp-* ad? ENGLISHMAN. Intirely fo. The party who procured the repeal of the ftamp-ad have often declared their intentions to have been precifely what you have mentioned, namely, to impofe no more internal taxes on the Americans, but to main- tain in all its force the authority of the Britiih parliament over them with refped to all other fubjcds, and more efpeciaily with refped ta the regulation of their trade, which was .the matter of moft importance to Great-Britain. It was with a view to preferve this authority (which, they conceived, the new American dodrine, of a want of power in the parliament arifing from a want of American reprefeatatiyes, might be applied tp overthrow,) th^t they paiTed the declaratory ad* FRENCH- [ 279 3 tives, I they H- ,1- FRENCHMAN. \:i After fuch a conceffion on the part of Great*' Britain as a refignation of the exercife of hef authority to lay internal taxes on America, one would have thought that no new difputes could have arifen between the two countries, unlefs cither Great-Britain had again attempted to impofe internal taxes on the Americans, or the Americans had refufed'^ib obey the authority of Great-Britain with re(J3e on the commodhres imported iiito, t ' and exported from^ America, with a view to the regulation of their trade." This is the grand *-» diftindion which runs through thefe fanious let^ ters, by means of which the writer of them en* couragcd the Americans to oppofe the neur taxes impofed by the Britifh parliament^ which had been laid with dn exprefs defign of railing a revenue in America, and not for the purpofe of regulating its trade. This diftin^on wa$ Itwasge- univerfaily adopted by the Americans; and k adopted by became almoft as fettled an opinion artiongft theAmeri* them in the year 1768, " that the Britifh par- liament could not legally impofe any external taxes, or port- duties, on the Americans, nioith a view to raife a revenue^ as it had been in the year 1765 that it could not legally impofe on them an internal tax." But they fli]l^ allowed (though, I think, not unanimoufly,) that the parliament might eftablifh external taxes among them for the purpofe of regulating their trade. Such was the progrefs in the fentiments and condud of the Americans towards exempting themfelves from the authority of the Briti^ parliament. FRENCH- cans. ... '1' . .1- I'll ' 1 m i ffl[ i^ HB tii C 286 ] iniiC( ' ' FRENCHMAN. Arfffiark This didindion between different forts of gomgdoc- port-duties, invented by Mr. Dickenfon, was fubtle and plauHble, and wonderfully conveni* ent for the purpofe of exempting the Americans from the payment of any duties whatfoever, that {hould be impofed on them by the Britifh parliament. For, as the duties would always pro-* duce fome revenue infaSl^ the Americans might fairly enough aliedge that they were intended to produce a revenue, and confequently were illegal and void, though, perhaps, the main dedgn of them might be to regulate the trade of the com^ modities on which they were impofed. And I do not fee any method by which Mr. Dicken^ fon*s diflindtion could be pra^ically obferved, without deceit or abufe by one or other of the parties. :.. - r ENGLISHMAN. Your obfervation is very juft. This new difbindion had a manifeO: tendency to deprive the Britifh parliament of the right of impofing any port-duties whatfoever on the Americans : which is no inconfiderable obje or forbear to exerciie^ ker right of impoiing "' - V. ' - internal [ 289 J internal taxes on the Americans, (as, indeeJ, a propoCii (he fcems to have done by the repeal of the ot fcttiir^.. ftamp-aa,) and (hould alfo rcfolve not to un- j*^" ''!""* pofe any external taxes; or port-duties, upon ^rr ' " *- them, but with the reftridlion you have jull Am^ncaa now mentioned, until they fhall have been per- tonrc'r^nin. • mitted to fend reprefentatives to the Britiih par- ^^'' •^^'"• Lament, the Americans ought to be fatisned Urt. . , with fuch a temperament, and return to their any^dUii-.. old habits and affections for their mother- "''."!^^'* ^^^ country. I mention the limitation of time to pariiument^ this conceflion, namely, uniii the American colonies Jhall be permitted to fend reprefentatives to the Britijh parliamcnty not fo much with a ^ view to its ever taking place, (for that you have taught me to confider as a moft improbable event, by reafon 9f the difinclination of Great- \ Britain as well as America to the meafure of an American reprefentation in parliament}) as by way of falvo to the dignity of the Britifh parliament, who, by paffing fuch reftridive refolutions on the ufe of their own power, > would exhibit a remarkable proof of their equity and moderation, which could not fail: > to do them honour. . '< .1 v4*JX •bii 06 ENG. : •4 ,■ J. I 290 ] ENGLISHMAN. I intirely approve the limitation you fuggcft, as a falvo for the dignity of parliament; and I heartily wifli the parliament would adopt the whole meafure of making the conceflion you have mentioned, with that limitation* This could be done only by paffing refolutions in both houfes of parliament, to be tranfmitted to ' thefeveral aflemblies of the American colonies, dbn nicef. ^° ^^^ foUowing cfFcdt J to wit, " nat, for the fary to be future , no tax, or duty, of any kindjhall be im^ EothhouL pofid by authority of the parliament of Great- mc« for' -S^^'^^'« «/^« ^^^ Majejiys fubjeBs refiding in that pur- thofe provinces of Norths America in which af- femblies of the people are eftablijhedi until thefaid provinces fball have been permitted to fend repre- fentatives to the Britifh parliament ; excepting only fuch taxes, or duties, upon goods exported out of, and imported into, the faid provinces as Jhall be thought neceffary for the regulation of the trade of the faid provinces -, and that when fuch taxes, or duties, fhall be laid by the Britifh parliament on any of the faid provinces, the whole amount of the fame fhall be difpofed of by aSls of the qffem" Hies of the provinces in which they fhall have pofe. < % bteti colkBedy refpeSlively" Such a meafure would be calculated to give the Americans fatisfadiion and fecurity, by declaring a refolu- tion not to tax them by the authority of the Britifli parliament, (of which they have ex- preiTed fo great a dread and averfion,) and at the fame time (as you have juftly obferved,) to fave the honour and dignity of that fupream legiflature of ail the Britifli dominions, by not totally renouncing their right and authority to tax the American provinces, but only by re- folving to forbear the exercife of it till they (hall have taken a flep towards the amendment of the conftitution of their own body, which the moft flrenuous advocates for their authority acknowledge to be agreeable to equity in cafe it fhould be their intention to ufe that authority for the purpofc of taxing America. For the late Mr. George Grenville himfelf (as we have already obferved,) and others of the moft zea- lous defenders of the rights of the Britifh par- liament, have acknowledged that fuch an alte- ration of the conftitution of the Britifti Houfe of Commons, by admitting into it a reafonable number of members for the American colo- nics (agreeably to what was done a hundred O o 2 years i:f: V !5: m ^ { 292 ] ^ years ago in the cafe of the bifhoprlck of Dur- ham) would be perfectly conflitutional and equitable, and could not well be refufed to the Americans, if they were to defire it and to de- clare a willingnefs to fubmit, in confcquence of it, to the authority of parliament in all things in the fame manner as the inhabitants of Great- Britain. Until, therefore, an offer of this kind is made to the Americans, and rejedled by them, it can be no derogation to the honour of the parliament, but rather a proof of their equity and moderation, and therefore honourable to them, to forbear to exercife their authority over America in this delicate and dangerous bufinefs of taxation. And, as the people of Great- Britain feem hardly more difpofed to make fuch an offer than thofe of America are to accept it> this forbearance of the exercife of the authority of parliament to impofe taxes on the Americans may be continued for many years to come, per^ haps for ever, without any lofs of honour to. Great-Britain, and with great joy and fatisfac-* tion to the Americans. FRENCH- H- t 293 ] :\im. FRENCHMAN. I fee plainly that a meafure of this kind on the part of Great-Britain muft tend greatly to the removal of the prcfent difcontents in Anie« rica. And yet the propofition of Lord Norths which you fome time ago mentioned, and which feems to be in fubftance pretty nearly the fame with this generous meafure, does not feem to make much imprefllon on the minds of the Americans, nor |:o be confidered by them as a fa- vour of much confequence. This makes me fu« fpedt that I have mifconceived lordNorth's propo- rtion : and therefore I fhould be glad you would inform me whether it differs in any material circumftance from the meafure we have been juft now commending. . ., ; -. ENGLISHMAN. The two proportions are indeed very diffe- rent from each other. For Lord North's pro- pofition declares that the Britifh parliament will forbear (except in certain cafes) to impole taxes on the Americans Ofily fo long as the Americans fhall raife amngfl themfelves by grants of their affemblies, and by ways and means of ;.■■• • their DifFerence of the fore- going pro- pyfal from L".North's conciliato- ry propofi- tion of the zoth of February, «775- f i t «94 1 Iheir own chufuig, fuch fums of money as the BritiHi parliament (hall from time to time re-* ^uire them to raife ; and, upon their failing to do fb> the Britifh parliament is to be at full liberty to impofe taxes of any kind, either ex-* ternal or internal, upon them: whereas the propofition we have been fpeaking of is a for- bearance (except in certain cafes) from the impofition of taxes on the Americans, (whe- ther they raife any money amongft themfelves, when required to do fb, or not,) until they fhall be permitted to fend members to the Britifh parliament, that is, according to all appear- ance, until the end of the world. The diffe- rence between thefe two forts of forbearance of the exercife of the power of taxation over Ame-. rica, is ftriking and important. ' FRENCHMAN. It is indeed -, and fufEciently accounts for the ill reception the Americans have lately given to Lord North's propofition, confidently with our opinion that the other piopofition would have gone far towards giving them fatisfadion. But furely the remaining parts of the two propo- fitiohs are alike, which contain the refervation ' ' ■ [ * *" made the re- gto full ex- the for- the whe- ;lves, (hall Iritifh )pear- difFe- nceof t ^95 T made by the parliament of the power of laying t external taxes, or port-duties, on the Ameri- ^ cans, for the purpofe of regulating their trade, and the provifoe that the amount of thefe duties fhould be left to the difpofal of the legidatures of the feveral provinces in which they fhould be levied refpedively, -.— i.1-. ENGLISHMAN. You are perfectly right. This refervation and provifoe are the iame in both the propo* iitions. And that, I fuppofe, was the occaHon of your miilake in imagining the proportions to co-incide in their other parts. But, in truth. Lord North's propofition is fo far from removing the apprehe'nfions of the Americans concerning the danger of being taxed by the Britifti par- liament, that it is retrograde in that relped, and puts them in a worfe condition than they have conceived themfelves to be in ever fincc the repeal of the ftamp-ad in the year i 766- For ever fince that period they have fuppofed that the right, or the exercife of the right, of impofiog internal taxes on them had been virtually relinquifhed by the Biitifli parliament: tat that propofition Jfeems to bring this right agaia i 'dl ' til h >?i;H r 296 ] dgain in view, and to threaten them with the exercife of it in cafe of their non-compli- ance with the requifitipns that fhall be made to them by > parliament to raife fpecific fums amongO: themfelves. It is no wonder, there- f6re, that this proportion of Lord North has not been well received in America-. FRENCHMAN. { ' T am now perfedly fatisfied about the diffe- rence of the two propofitions and the expedience of GreatrBritain's making an offer to the Ame- ricans of the former propofition, if (he means to reconcile them to her authority. But, pray, in what manner, and with what degree of unanimity, did the Americans oppcfe the exe- cution of the ad of parliament pafled in the year 1767 for impofing the new duties on tea and certain other articles imported into Ame- rica ? For, I think, you faid they oppofed thefc duties with lefs violence than the (lamp-ad:. th( ENGLISHMAN. When Mr. Dickenfon, by his famous Farm- er's letters, had perfuaded the Americans that thefc new duties, though they were not internal taxes. t 297 ] taxes, yet were of the nature of internal tdxes^ becaufe they were laid in order to raife a revenue» and that they were therefore illegally impofed by the Britifli parliament, they entered intd The Ame- general combinations, throughout all the Eng-» pofc the ' lifli provinces, not to import the goods on which byentering thefe duties were laid ; hoping;, by the diftrefs '"to non- I • 1 1 1 • I 10^ importa- this would brmg on her trade, to compel Grcat-^ tion agrce- Britain to repeal the ad that impofed them. ™*^""' Thefe combinations were called iton-importatioH agreements. ^ They were entered into by a con- fiderable majority of the merchants In itioft of the trading towns in America ; but ndt by atl of them. But thofe who were difpofed tb I" ^''eat- import thele articles of commerce, Were q^ thofe who terred from doing fo by the fear of being 4©- ^^tH^^^^ livered over to the mob to be ill-treated in th^jr "^cnts. perfons and property as enemies of publick liberty. For, when any body prefumed to o^pofe the proceedings of the committees that were appointed to carry the non-importation ?igree- ments into execution, or broke the refoiutions which thofe committees had publiflied, it was ufual -for fheii^ to give notice in the publick news-papers that he had done fo, and ought therefore to be con^ered and treated as a v * ' Pp " publick if ,•1' , ■ Urn m ■■: t| t apS I publick enemy, or, (as they fometimes ex* prefled it,) a peribn inimical to the liberties of America. This was like the priefts, in ybur religion, pronouncing a man a heretick, and * delivering him over to the fecular arm to be burnt alive, or other wife tormented. The mob ivere in thefe cafes the fecular minifters of ' juftice who undertook the puni(hment of thefe offences: and the offenders were fure to be Severely punifhed by them, fometimes in their perfons, by having their naked bodies fnieared over with tar, and then covered with feathers fiuck upon the tar, and fo led about ignomi- nioully through the publick ilreets; and fome- times in their property, by having their goods deftroyed, or their houfes pulled down. Many inftances of this kind happened in the courfe of the years 1768 and 1769, FRENCHMAN. But were not the perfons concerned in thefe a£ts of violence profecuted in the provincial courts of judice, and brought to condign pa- niihment for fuch enormities? ...,■.- (• ENG- thcfc incial pu- l.v [ 299 1 ENGLISHMAN. That was impoflible, for more than one reafon. For, in the fir (I place, the executive branches of the governments of the fcveral provinces, that is, the governours, judges, (he- riffs, conflables, and other civil ofHcers con- cerned in the adminidration of judice in them, were too weak to carry any fcntence of a court of judice againd any of thefe rioters into exe<- cucion> if fuch a (entence had been pafTed : and, if they had attempted to do fb, it is almod certain that a mob would have riien to prevent it, and, perhaps, to ill-treat, as enemies of their country, the very magidrates and ofHcers of judice who (liould have thus attempted to exc« cute the law. And, in the fecond place, it was almod impodihle to procure any fentence of a court of judice to be pafled againd any of thefe rioters. For you well know that, by the Eng- lifh law, no fuch fentence could be palled againd them till they had been regularly in- dited, tried and convided of the offence by a jury of their peers $ and, in the then difpoiition of the people to favour thefe rioters, whom they- looked upon as the adive defenders of . -. . .; P p 2 publick InpoiTib!' lity of pu- niihing the rioters who mal'treat- ed the per- font who were ob« noxious to the popular party in America. i! »» " t f«.< [ 3^0 1 publick liberty, it was difHcult to find juries who would either indidt them for thefe offences, , or copvi^ them of them, when indided. So that, from thefe caufes, the perpetrators of thefe adls of violence were almofl fure of cfcaping with impunity. . •f,^ >'j FRENCHMAN. JiM ■r If the mobs were thus permitted to wreak their vengeance on the friends of government and Great-Britain without controul, I do not underftand in what fenfe you can fay (aSj I ihink, you did fome time agoj) that the Ame- ricans oppofed thefe lail duties with lefs violence than they had done the flamp-adt. .What greater degrees of violence than thofe juft now mentioned was it po^bie for the Americilna to exert? f ( %> - • iiju"i'«^ w* '.J'4wii;»-/'*'iilu ./ -TX . . .t ENGLISHMAN, 'y"'"' i«ti' ♦ ' Differencel between the a£ls of violence committed in this fe* condoppo* fi tion to Great-bri- tain and ihofc com- mitted in In the cafe of thefe iaft duties they only ufed violence againft their own people, that is, againft thofe who imported the dutied goods from Great- Britain in oppofition to their combinations ; but did not, as I recollect, proceed fo fiar as to ufe violence againfl the officers of government: •^ q ! whereas, oppofition to the flamp-a^, • ' I 301 1 whereas, in the cafe of the ftamp-a i1 , f 303 J or no revenue. At laft Great r •. • , to grow wear, of .he co„S. S^/"'".^' "«nt took off .H rhc dutie. ;xSor K .'""'•" te«. which w« only thr J-o!!!? *" "P°" pound of tea imporJinrAr? "^" '^"^ ••t was thereforc'^o^ if?" "'•"'« -Wch pay rathe, than he'4 • ^j^T^^- "-« commodity that was in r. u "'* ^^ * upon Ae ground of their bein "nSu^.^T Jr^^U upon Aegroundof thdrbeZTT.*"''"'"'' J"'"* P«j«dicia, to ooa.m^'^Z^'T^T'u"^ P^ •ng been laid without 1 i "*" *"^ *"«• hav- byuiof authority. And SL; j^?' ""' ''^'^ '"-^ to continue, on purpofe ^^^eSc^ ^"^ -•"-^'' of Aat naturc/L'lefu^S^SfT " dunes. This repealing ^^ J"^ °^ Febru'uy. or m^!^,,^,, '^'^ ^^^^ -"out — w^v-.i\i»Jj ; ." FRENCHMAN. ' ENGtISHMAN. A very happy one TU^ agreements «;„ immed2j.T;T^''°" f^<^ «^- "^ •" ^'^-^ "«"°d,-ties upon which it »S . . dutiet. 4 M^'r- 'l^ ^^, u M . I duties had been taketr off: and, though they were ftill kept up with refpedl to tea, by way of proteflation againft the right of Great-Britain to continue the duty on that article, yet they were executed more remifsly than before ; infbmuch that feveral traders in America im- ported tea thither after this time, and paid the duty upon it, without being mole{lcd for fo doing by the popular committees, or the mobs who aded under their diredlion, in the manner they had been before. So that the contention with Great-Britain upon this fubjedl feemed to be almod at an end, and the Americans were beginning, by gentle degrees, pradically to fubmit to the tea^duty, and thereby, in fome degree, recognize the authority of the Briti(h parliament to impofe it. . -■ - ^' , frencmman: \j - ■% r» t rr . Nothing could be more advantageous to Great-Britain than ^ fuch a ftatc of things. It feemed naturally to tend tb the eftablifhment of that line of condudt which the Americans had marked out at the time of their oppofition to the ftamp-aft, and which the parliament of Great- il ' they way ritain they :forc 5 a im- id the for fo 5 mobs nanner itention :med to ns were cally to n fome BritiOi rCOUS tf> igs. It lUfhment tericans )pofition iment of Great- n I tfff ) [ 305 ] fcreat-Britain, (by rcpeaKng that ad and not Afterwards reviving it, or pafling any other adt to lay an internal tax upon them) had Teemed to have refolved to adopt; namely, that the Britifli parliament (hould forbear to impofe in- ternal taxes on the Americans, but fhould con- tinue to exercife their right of impoling port- duties, without regard to Mr, Dickenfon's new- invented diftindion concerning it, which might eafily be abufcd by the Americans to the pur« pofe of totally evading thenii. This line of condu6l: was, perhaps, the moft equitable and the wifed fydem that could be purfued, while both parties continued averfe to the more ob- vious and natural remedy to their diffenfions, an American reprefentation in parliament. It is ftrange therefore that it (hould not have been adhered to. Pray, what were the events that Of the Dccafioned a departure from it, and brought on ^ y^new- a renewal of the former difTenfions between the ^'n^^'^'^ dmurban- two countries, within thefc laft two or three ces in yearsj in a higher and more violent degree than America, ever, 'and with all the fytoptoms of an ap- proaching civil war ? il V / r*.' uasrffii < * Qji ENG- i P S r^^i^ •/ ' ENGLISHMAN;''**'^^ ^^ •■■ ' ,• f.- -^ I'hefe misfortunes are undoubtedly owing td the imprudent conduct of Great-Britain ; as I believe you will foon be convinced when you hear the particulars of iti 3 ' 1 y 1 'i Badftateof You muft know then that the affairs of the pftheEaft- finglifli Eaft^India Company were, by various ^ any in°the caufes, reduccd to a very bad condition about year 1772. the year 1772 5 inforiiuch that they could no longer afford to pay to the national revenue of Great-Britaih the annual fum of j^.400,000 fterling, which had been required of them by the parliament for three or four years before that periodi as a cohfideration for the enjoy- ment of the large revenues of the rich terri- ... tories of Bengal, Bahari and Orixa, which they ' had lately acquired^ and which, it was thought, could not, in ftridnefs of law^ be acquired by ; a mere commercial company, but only by the - ' nation at large, or by the king; or» if it could be legally acquired by the coriipany, it was thought to be a fair and jufl; objedl: of taxation towards the fupport of the national expence. Upon fome fuch grounds this annual fum of ^'■ij. 'V- ■ '^ [ 307 ] ^.40®>ooo ftcrling had been required of the Bad-India Company, and by them paid to the pubiick during a fc\y years.; which, confiderr ing that the territorial revenue they had lately acquired, and on account of which this fum was denianded of them, was nxore than three millions of poupds fterling pc? apnum, feemed to be but a moderate tax upon them. How- ever, moderate as it was, their affairs were a^ ib lo\y an ebb in the year 1772, that they could po longer afford to pay it ; and they were alfo f)bliged to reduce the dividend paid annually to themfelves in proportion to their feveral il:iares pf their ftock^ frqm, twelve pounds for every hundred pounds of flock, (at which it had flood for a few years,) to fix pounds. At the fame time they had in their ware-houfes in liondon an unufual quantity of tea, which, they could not tell ho\» to difpofe of j which was owing in part to the non-importation agreements of the Americans, which had prevented thern from importing tea in any confiderable quantities from Great-Britain eyei; fince the year 1767, when fhe tea-duty and the other duties above-men- tioned were impofed on the Americans. It is true indeed th^t after the year 1 770, when all Qq 2 thof<5 Redu^roR of their dividend from 1 2 to 6 per cent. Unufiial quantity of tea in their ware-hou^ fes, which, they could not find a market io;;^ H' i. %i m I:! "■■I! thofc other duties were taken off", the violence of the oppofition to Great-Britain had, in a great degree, fubfided, and feme American merchants had imported tea from Great-Britain without being moleftcd by the mobs. But the quanr titles fo imported had been but fmall, and the greater part of the Americans had either gone without tea, or procured it by means of a clandef- tine and unlawful trade with Holland. As, there- iliSn'that it ^"°^^> ^^^ Americans had imported bqt little tes^ might be from Great- Britain for feveral years paft, it was to advan- imagined that they muft be in great want of a mcrica.^' ^^ppty o^ ^^^^ commodity, of which it was known that they were, in general, very fond, ''''' ' The directors of the Eaft-India Company there-r ' ' tore conceived that America would prove a moft convenient market for their fuperfluous ftock of .. tea, which lay dead upon their hands: and,, V' ; from the appearance of an extindion of the late. .. violent fentiments of the A^ericj^ns in oppo- .J^\ fition to Great-Britain, they imagined that the continuance of the fmajl parlianpentary duty 01^ tea, after the abolition of the other duties, would, be no hindrance to the fale of their tea amongft them. They therefore petitioned for an adl of Darliamefit \o impowe| ^^lem to fend cargoes o£ ■ . their a; ai ?r ncc real anta iou( jan-r [the gone idef- lere- e tea^ twai : of a t was fond. there-! moft ck of andx e latq ?ppo- it the [ 309 J their tea to America to be fold on the Com- pany's account, inftead of felling it here in England, as by thejr charter, or by former ads of parliament, they were bound to do. This plan of relief to the Eaft- India Company was approved by the miniftry and the parliament 5 and the a6t was paiTed accordingly, the miniftry and parliament probably thinking, (as well as the diredtors of the EJaftrlndia Company,) that the fpirit pf oppofitjon to parliamentary autho- rity had fo far fub5ded in America, that no difficulties would attend the importation of this |ea amopgft them, nor prevent its fpeedy fale. ]^ut in this they were fatally miftaken. Though the Americans had oppofed the importation of tea but faintly fiqce the year 1770, wheti the pther new duties had been taken ofiT, they were roufed by this attempt of Great-Britain to renew their former vigorous efforts to prevent the fuccefs pf it. Aad they even went greater lengths than they bad done before in their op- pofition to it. For they did not content them- fclves ,wiA combining together not ta import the tea, or- not to purchafe, or ufe, it when imported, and witht iilrtreating thofe who either ;efufed to enter into fiach combinations, of 4 • broke A& ofpar- liamcnt permitting; them to fend their tea direct 1/ toAmerica« Violent oppofition oftheAme- ricans to the import- ation of thefe car- goes of tea. ';ll ill , ilri . I m iiij w ■''■i ii CondoA of the people at New- Voik and Philadel. phia. Conduct of the people of Charles- Town in South Cj^ rolina, r 3»o ] broke them after they had entered into theni^ but they made ufe of force, and threats of force^ in fbme of the principal (ea-port towns of Ame* rica to prevent its being landed -, which was a kind of oppofition which, (like that which had been made to the flamp-a£l,) cime very neav to rebellion, or high-treaibn. This was done in the towns of Philadelphia and New- York. The committees appointed by the oppofers of the tea-duty fent veifels out to fea to meet the - ihips of the Eafl-India Company that were coming thither loaded with tea, and to inform the maflers of them that, if they proceeded or> their voyage and attempted to land their carr goes, they would be forcibly oppofed by th& body of the people in thofe towns in their at- tempts to do fo, which might be attended with mifchievous confequences to their own perfons, as well as to the cargoes that were entruftec^ to their care. This denunciation had the deiired effedt with refpedi to thoic two veflels : for, in coafequence of it, the mafters of them deiided ^om the profecution of their voyages^ fhifted i;heir coudie, and returned with their cargoes to London. In Charles-Town in South Carolina dhe method of proceeding was ibmewhat difF^ - : , - ' rent; t 3" 1 ireht: th'e tea was indeed landed; but the oppofers of the tea-duty took it away by force from the perfons to whofe Care it was confignedi and locked it up In a flore-houfe, and prevented it from being fold : which differed but little in point of violence froni the proceedings at New- York and Philadelphia. Ahd at Bofton thb Conduaof people that oppofed the tea-duty went further ofBoiionirt ftiU than at either of the three other places : {]|X^"^" for a party of them, confifting of about forty or fifty men, difguifed in Indian dredes^ and With black crapes over their faces, went on board the veflcl which had brought the tea, (and which was then lying in Bofton harbour,) broke open the chefts in which it was packed, and threw it all into the fea. This was done in confequence of a motion for that purpofe that had been made at a very numerous meeting of the people of the town of Boflon, and re- ceived by them with general applaufe; and therefore it may juflly be confidered as the adl of the body of the people of that town, I mean^ as ^e ad of that great rnajority of the people there who were enemies to the tea-duty^ On the other hand^ it muft be obferved that ' this 8(^ of violence was not committed till the T people Hi llH 11 I HI I '.f* [ 3'2 I people of Bodon had found that all their teic^^ lutions againd the landing of the tea were not fufHcient to induce the niader of the vefTel that brought it to return back to London with it^ (as the miders of the vefTels that had carried the like cargoes towards Kew York and Phila- delphia had done,) and that confeqqpntly thete was an immediate danger of its being landed, ^hefe violent proceedings of the North-Ame- Hcans with refpedt to the tea-{hips happened itl the months of OQober, November and De- cemberi of the year 1 773 ; the deftruftion of the tea at Bofton, which was the lafl of thenii Was in December. ^ **'«* u-i*wv ,^«.A,y FRENGHlVtAlSf;- '^ ^ ?r '.7 i;i t ^ uf , ^ 1 H ' ' Thefe were indeed very outragfeoU^ijrdceed- ings, and fuch as one would hardly have ex- pedted to fee happen amongft the Ameriearid in confequence of this attempt to import thefe Cargoes df tea by the Eaft-Indra Companyi after the connivance they had fheWrt to the private merchants who had imported tea thithef for the preceding two or three years. I fhould have rather th jught that they would have ejc* tended that Connivance to the like importation t 3^3 1 • "by the Eaft-India Company, or, at leaft, would have abflained from fuch publick and diredt ads of violence as thofe you have mentioned, which bear fo near a refemblance to open rebellion. And I imagine the miniftry of Great-Britain thought the fame ; or they would never have procured that a6t of parliament which permitted the Eaft-India Company to make this unhappy experiment. I {hould therefore be glad to be informed whether there were any particular circumftances that contributed to light up anew this flame in America, over and above the general averfion the Americans had conceived againft being taxed by the Britilh parliament. vT: ENGLISHMAN. I have heard that there were fome fuch cir- cumftances J and particularly the following one. Befides the tea ^yhich had been imported into America in a regular manner from England by a few private merchants in the years 1771 and 1772, without any moleftation from the po- pular committees and their mobs for fo doing, there were much larger quantities of the fame commodity imported thither clandeftinely and linlawfuUy from Holland ; and this was done, R r as An addi- tional cir« cumflance that con- tributed to increafeche violence of the oppoQ- tion of tha Americans to the im- portation oftheEafl- IndiaCom- pan^-'s tea. I i' ' r n ^ I ' t 1 >i m 1 ■ ' 1 i 1 1 -i| ; "!|^i ' IwO ' .1 >^ffiul ■ i IH I' ! I 3H 1 as you may naturally fuppofe, by fome of thofe merchants who were warmed in their opposition to the authority of the Britifh parliament. Thefe merchants had great quantities of this fmuggled tea in their warehoufes in America, which they had not yet had time to difpofe of, when the parliament pafTed the adt which permitted the £afl-India Company to fend their tea thither. The news of this permiffion, therefore, greatly alarmed them on the fcore of their private in- tered, as well as on account of its dangerous confequences with refpedt to the liberties of America. For they apprehended they Ihould be underfold by the Eafl-India Company, who were known to have immenfe quantities of tea in England beyond what was necefTary to fupply the ufual demand there, an^j who therefore were likely to offer it to the Americans at a very low price; the confequence of which muft have been that the merchants in America who had already imported large flocks of tea from Holland, mufl have had it left upon their hands. With this profpedt of great private lofs from the intended importation of tea by the Eafl- India Company, it was reafonable to fuppoie that thefe merchants would exert thcmfelves to tne a very muft I who from lands, from Eaft- ppofe KS to the [ Pi I thcuSmoft to prevent this meafure from iiking place ; which they could no other way hope to eflfed but by reviving, in the (Ironged manner podible, the popular clamour againft the im- portation of a commodity upon which a par- lia nentary duty was to be paid. This was die private motive that confpired with the publick fendments and claims of the Americans to re- new, in fo fierce a manner as we have feen» the oppofition to the payment of the duty on tea, and confequently to the importation of this tea into their ports. And this might eafily have been feen and known by the Bridfh miniflry, and ought to have deterred them from trying this rafli experiment. But, indeed, without this private motive, it was natural to imagine that a raeafure of this kind would revive the fpirit of oppofition in the Americans. For the fending fuch large cargoes of tea to America by virtue of an adt of parliament pafled exprefsly for the purpofe, had the air of a triumphant execution of the adt that had impofed the duty on that commodity;— -it was endeavouring to make their payment of the duty on it a$ no* torious as poffible, and thereby to preclude them from ever faying, at any future time, that, Rr 2 though But the principal ground of this oppo- fition waS( probably, the publick and avow, ed one, to wit, the danger ap- prthended totheJiber- tieiofAme- rica from the import- ation and iale of thia tea. -1 .Hi p ■ m ^ [ 3«6 r though a few felfini merchants might have im« ported fmali quantities of tea from Great-Bri- tain and paid the duty impofed on it by parlia- ment, and a few luxurious individuals might have purchafed it of them, and ufed it, yet that the great body of the Americans had always abflained from purchafing and ufing it on ac- count of the duty it was loaded with, as well as made proteflations againft the right of parlia- ment to impofe the faid duty on it :— -it was, in fliort, (toufea vulgar expreflion,) cramming the duty down their throats, indead of letting it gain upon them by gentle and infenfible degrees, as (by the connivance, or relaxation of the oppofition to it, which had prevailed for a year or two before,) it had already begun to do. This permiflion, therefore, to the Eaft-India Company to fend their tea to America may juftly be confidered as an imprudent meafure pn the part of Great-Britain. FRENCHMAN. I confefs, it does appear to have been fo« But flill, I think, it is hardly fufficient to account for the prefent very violent animofity of the Americans againft Great-Britain. There piufl, as t V7 1 as I imag'ne, been fome other meafures taken by Great-Britain againfl Anierka, of aflill more offentivc %nd alarming nature, to give rife to fa general a fpirit of refcntment and hofVility as feems now to prevail amongft the Americans, And fuca meafures I can eafily conceive to have been taken by Great-Britain in the hrik tranfports of her indignation at hearing of that provoking aft of violence, the deftrudtion of the tea at Bofton. Pray, what were the mea- fures taken by Great-Britain upon that occafion? I'l ENGLISHMAN. Your conjedures are very well founded. The prefent dangerous troubles in America were not occafioned intirely, nor even princi- pally, by that attempt to import the tea of the Eaft-India Company, but rather by the angry adts of parliament that were pafled In the fpring of the year 1774 in confequence of the violent endeavours of the Americans to defeat the fuc- cefs of that attempt, and more efpecially, in confequence of their dcftrudion of the tea a^ Bofton. On this occafion the indignation of Great-Britain knew no bounds : but (he adopted meafures of feverity and refentment that had no kind I'N ■ Of the ■ over-great >^ vl ii refentment l (hewn by ij^\ the Bririlh ^ parliament i| i upon hear' d Iff * V ing of the l t u deltrufiion ^i ■ n of the tea 4 atBoaon. H9 i 1 1 .1 1 L 1 Mi Qk ■ ' ' 1 V '11' 1 HH 1 1 , ,, -^ ■ r 3»8 1 kind of relation to the offences comtlntted hf the Americans, and which had a flrong and an immediate tendency to unite all the American provinces more clofely than ever in oppofitbn Thepafling to her. The meafures that I allude to were fton-charl the Bofton-chartcr a£t and the Quebeck adt, Jheaue""* which had evidently not the leaft connexion beck aft in ^jth thc dcftrudtion of the tea at Bofton, or ' * the forcible oppofition to its importation at New York and Philadelphia. For, as to the Boflon- port aft, by which the town of Bofton was prohibited to be made ufe of as a fea-port town, or all its trade was flopped, till the people of Bofton had made a fufficient compenfation to the Eaft-India Company for the deftrudlion of their tea, I acknowledge that that adt had a near relation to the offence that gave occafion to it, and perhaps might be a proper method of punifhing the people of Bofton for it, or rather of compelling them to do a mere ad of private juftice with refpedt to the company which they had injured: though there are fome parts even of that a£t which cannot be wholly juftified upon this ground. But thefe I fhall not now examine, becaufe this adt does not appear to me to have given general offence to thc Americans, and to ( 3^9 T to have become a caufe of the prefent ahrnring commotions: but, on the contrary, it feems probable to me that, if Great-Britain had ftopt at this one adt, the other provinces of America would have left the people of Bodop to (hiftfor themfelveSf until they had made that reparation to the Eafl'India Company, for the damage done to their property, which j uflice ieemed to re- quire of them. But what had the deflrudion Unreafoa- of the tea to do with the charter, of the MaiTa- ^^ff!^\^J chufefsBay ? How did the prlvHjBges contained ^ofton- in that charter contribute to that aft of violence ? ^ And why, therefore^ fhould they be taken away? — That outrage was committed by a party of forty or fifty men, difguifed in Indian drefles and with crapes over their faces, in con- iequence of a motion made and applauded in a very numerous meeting of the people of Boflon, called a town-meeting. This kind of meeting is not authorized by their charter, nor even mentioijied in it, but is warranted by fbme of thfir provincial adls palled by the governours, councils, and affemblies of former times. It ought not therefore tp be imputed to the char* ter : nor ought the privileges contained in the charter to be taken away on account of the rafh refolutions I ! '■ "! i. »JjK ■ '< reiblutions taken in it. Indeed, if thefc town- meetings had not been authorized by the laws of the province, but exprcfsly forbidden by them, and by the charter likewife, it is probable that on that unhappy occafion of the arrival of the tea in the harbour of Bofton, and the refufalof the mafter of the veflel to return back with it to London, fome fuch meeting of the people of Bofton would have been held, either under the name of a town-meeting or fome other liame, {^KiA. is a matter of no fort of confe- quence,) t6 concert meafures to prevent its being landed. Accordingly we fee that ill the provinces of New York and South Carolina, (which have no charters, but are governed in- tirely by the king's commiflions to his gover- iK)urs,) the people joined in meafures of vio- lence to prevent the fale of this teaj in the former place, fending a threatening meflage to the mafter of the veffel that was bringing it, by which they forbad him to proceed on his voyage and enter the harbour of New- York, and com- manded him to return with the tea to England ; and, in the latter place, feizing upon the tea after it was landed, and locking it up in a ftore- houfe, in order to prevent its being fold. And vn- aws cm, that the falof th it :ople mder other onfe- it its It the rolina, ed in- rover- in Pcnfylvania, (which is indeed governed by a charter, bat of a very different kind from that of the Mailachiifet's Bay, and in which the parliament has not as yet thought fit to make any alterations,) the people proceeded in the fame violent manner as at New- York. This violence therefore at Bodon had no connedion with the charter of that province, and ought not to have given occafion to any diminution of the privileges which had been thereby granted. The true and only caufe of this a£b of violence of the people of Bofkm, and of the other a(fts of violence committed in the other provinces of America, was the general opinion, that was now become rooted in the minds of the Ameri- cans, that the Britifh parliament ought not to tax them, and their firm refolution not to let thcmfelves be fo taxed. The natural way there- fore to prevent fuch adls of violence for the future was one of thefe three -, either, to alter this general opinion, or to conform to ity or, laftly, to ftation fuch a moderate military force in the principal fea-port towns of America, or at kafi at Boflon, as would deter the people from venturing to commit them. To alter the general opinion of the Americans by mere argu- S s ment^ The fafer and more natural methods which might have been takea to prevent the like a£ts of vio- lence in America for the future. Si: >•■» ' H- ! C 322 I menti was indeed almoft impoflible, after the deep imprefTion which the Farmer's Letters had made on their minds: but perhaps it might have been pofliblc to fucceed in altering it by offering them a competent reprefentation in parliament, or by fome other reafonable con- defcenfion. To conform to this opinion was both fafe and eafy, by paffing fuch a refolution in both houfcs of parliament as we have above fpoken of, to wit, " that no internal tax fhould be laid on the Americans by the Britifh parlia- ment until they had been permitted to fend reprefentatives to it 5 and that the produce of all external taxes impofed by the parliament fhould be left to the difpofal of the legiflatures of the feveral colonies in which they were raifed. And, ladly, if this fecond method had been thought an improper condefcenfion in Great-Britain, and unworthy of her dignity, it wouldj I imagine, have been pradicable to fupport the claims of the mother-country by force, by fending a body of about aooo, or at moft 3000, men to Bofton, to prevent fuch outrages for the future. This was done in the year 1768, when the people of Bofton were almoft in a ftate of open rebellion : four re^ giments t 323 1 igiments were landed there, which togetheir amounted to only 1200 men, and peace waj inftantly reftored : nor did any fre(h difturb« ances break out there till two of thofe regi- ments had been injudicioufly, or, at leaft, un- fortunately, removed from thence ; after which the mobs of Bofton grew confident that they could mafter the remaining two regiments, and accordingly begun to pick quarrels with them.;, and brought on that unhappy difturbaiice at Beflion, of which we have already fpoken, in which twelve Ibldiers, firing their pieces in their own defence, killed five of the principal rioters, and wounded about as many more; after which melancholy event the foldiers were re- moved to the king's fort, called Cayile Wiiliam^ at the diftance of three miles from Bofton, But it is almoft certain that, if the whole four regiments had continued at Bofton, (though they amounted to only 1 200 men,) that un- happy affair would never have happened. As therefore the people of Bofton had, by their outrage againft the tea of the Eaft-India Com- pany in December, 1773, made the prefence of a body of foldiers amongft them a fecond. time neceflary to the preiervp.tion of the publick S s 2 peace i ^M '1 m ■IK' : 1 t 3H 1 peace and the due execution of the laws, it feemcd to be judifiable to fend thither a body of troops fufficient to anfwer that purpofe, as 2000, or at mod 3000, men in Bofton, with 1000 at Cadie William, would probably have been. If this had been done, and a fecond (hip, loaded with tea, had been fent thithsr from England, the cargoe might have been landed under the protedtion of this garrifbn, and the dignity and authority of the British par- liament would have been effedtually fupported* And, when this new cargoe of tea had been once landed, it is not improbable that it might have been fold amongfl the Americans ; as people are often found to do things as indivi- duals, which on formal occafions, and when met together in numerous bodies to confult on publick meafures, they are ready to condemn. At lead it is certain that the popular leaders of the Americans apprehended this would be the cafe with the body of the people in America^ if once the tea came to be landed ; and there- fore they took fuch violent meafures to prevent its being landed. Now, if once a cargoe of tea had been landed and (old at Bofton, the example would probably have been followed by 'the or. e ( 32s 1 llie odier provinces, and the refinance of Ame-^ rica to the authority of parliament upon this Aibjei^t would have been at an end. In the mean while the injury done to the Eaft-India Company might have been repaired in this manner. Proclamations might have been i^ued at Bodon offering rewards for the di(covei^ of the rioters who went on board the tea-fhip in difguifeSy and deftroyed the tea ; and, if they were thereupon difcovered, anions of trefpa& ihould have been brought ^againft them by the agents of * the Eaft-India Company in the courts of juftice at Bofton. If, upon theie adlions, the juries had refu&d to find verdi(^ for the plaintifis, notwithftanding the evidence was fuSacient to prove the fai5t, or, if they had ibund verdids for the plaintiff, but had given them compeniations manifeftly (faort of the value of the tea that had been deftroyed ; and this had been reported to have been their partial conduA by the judges who would have tried the caufes; fo diat there had been a manifeft and enormous failure of juftice towards die injured party;-— « or, if, upon the offers of rewards for the dii^ covery of the perfons that deflroyed the ta^ no fuch diicovery had been made -, whereby g •V ^ &ili:;!C A catttioiH inethod that miglit have beem taken to procure fatisfadlicm to be made to theEafU India coo* paay. f' .1 •'^ [ 326 1 failure of juftlce would have happened for want of proper evidence to ground judicial proceed- ings on ;--'-— in either of thefe cafes, perhaps, but not before, it might have become proper for the Britifh parliament to interpofe in fome extraordinary manner to compel the people of Boflon to do judice to the Eaft-India Company, as, for inftance, by putting a flop to the trade of Bofton, till a certain fum of money (deemed by the parliament to be a fufficient compenfa- tion to the Eaft-lndia Company for the injury they had fuflained,) ihould have been paid by them to the faid company. I fay only, perhaps this might have been proper even in this cafe : for I am not fure that it would not have been a ftill better way of proceeding, for the parlia- ment to have coniidered the dedrudlion of the tea as a misfortune to the Eafl-India Company arifing from the enmity and violence of a few unknown, wicked, men, and not as the ad of the people of Bofton in general, and confe- quently to have required no compenfation for it from the whole town of Bofton, but either to have let the Eaft-lndia Company fufFer the lofs, (which, it muft beobferved, was occafioned by the compliance of the parliament with the •i;i;«i Company's^ r 32^7 I Company's own rcqucfl:,) or elfe, if compenfa- tion mud be made to them, to have made it out of the revenue of Great-Britain, upon the ground of the government's having negleded to provide fuch a force in the town of Boflon as was neceffary to protedt the fubjeds of the Crown in their trade thither. A compenfation of this kind would probably have coft Great- Britain about twenty thoufand pounds (lerling, and would, if it had prevented the approaching civil w?r, have been the means of faving her more than twenty millions. Thefe were the meafures that ought. In my opinion, to have been taken by Great-Britain with refped to the people of Bofton after their deftrudion of the tea. But not one tittle of their charter fhould have been altered, either for the better or the worfe. For this was a fubjed of a different and ftill more important nature than the other : and the meddling with it was heaping fuel upon the fire of difcord already kindled, and giving the Americans new matter of complaint and new reafons for uniting againft Great-Britain. • ■ . . ' FRENCH. ■.;';.! 1 ^f i Dtngerous tendency «ftheaa for altering Ac charter «f the Ifaffachs- t 3»8 J ■ ' , ' • * FRENCHMAN, i Indeed it is furprizing that the British parKa* ment (hould have touched upon that new and delicate fubjed:, (which I fee plainly had no relation to the deftrudtion of the tea,) when they had already fo much bufinefs upon their hands to fettle the difputes concerning their right of impoiing external taxes in America. The alteration of the charter of Boflon, I fhould have apprehended, would have been of itfelf almoft fufficient to raife a rebellion in that province, without the preceding diflenfions con- cerning taxation. Nor could any meafure of the Britifh parliament tend more to alarm the other provinces of America, and make them aifiil the people of Boilon, than this ^ (ince, if the parliament can thus make alterations in the charter of Maflachufet^s Bay in one year, and that without any miicondudt proceeding from the charter, it may juftly be apprehended that they will make the like alterations in the other charters of America in another year : and thus nothing will be fafe and permanent in all the boafted liberties of the Americans > but they will wholly depend upon the pleafure of the Britifh [ 3^9 1 Briddi parliament. I eafily conceive that thiaf apprchenlion muft have fpread very far amongft the Americans, and raifed a prodigious ferm^ot in their minds, I ENGLISHMAN, It certainly has done fo, and has contributed The mif- morc than any former meafure to make them cn\;aof the confider the caufc of Bofton as the common Lofton- charter-aa caufe of all America. Till that charter-adt v^^as on the , • A • 1 I r 1 1 minds and Jcnown m America, the people of the other refoiutions provinces, and more efpecially thofe of Pcnfyl- ^^'^^j^w?* vania, were difpofed to confider the inhabitants of Bofton as having gone a Jiep too far in their oppofition to the tea-duty, v/hen they deftroye4 the tea that was the objed of it, and thereby did a private iryury to the Eaft-India Company, Thofe Americans therefore thought it was the duty of the perfons concerned in the commiftion of that injury, to make the Eaft-India Company gn adequate fatisfa<^ion for it y even as, iq ^hQ year 1766, after the repeal of the ftanip-^adt, the affembly of the fame province of the M^ffi^ phufet's Bay had granted CQufiderabl? fupi^s of fnoney out of the publick pcvenue of the prq- Vinc?, to mafe arpe^^ds for the dftmag§ that bad Tt bQer^ 'II •"«l<«,-- >.***■■ I' ^ f 330 I been done to the property of particular pcrfons by the mobs that had oppofed the Aamp-duty. And they expelled that Great-Britain would take Ibme cfFcdual method for compelling them to make Ibch fatisfadlion ; and tho'.ght it reafonablc tliat (he fliould do fo. Nor did they think the Bofton-port bill an unfit method of compelling the town of Bofton to make this fatisfadtion. But when, in a few weeks after the Bofton-port a<5t, the adl for altering the charter of the province arrived in America, the tone of all the other provinces was inftantly changed, and they agreed with the inhabitants of the Maflachufet's Bay in declaring that it was then moft evident that the liberties of all America were in danger, and that meafures of union muft be entered into by them all for their pre* fervation. The deflrudion of the tea, and the fatisfadion which it was reafonable to make for it, were now become matters of fubor- dinate conlideration ; the very vitals of their liberty, they faid, were ftruck at, and muft be defended by arms, if they meant to keep them. And then, in a fcw weeks after this Bofton- charter ad, the adl: for the government of the province of Quebeck was received in America^ ...., which C 3S' J which carried the alarm to the llberiles ofTh^^^'d America Aill further, if pofTible, than the vousct^e^ charter-adl, and made them tremble even for J\[Jthcr m' the exiftcncc of their aflemblres, (which the ^^''^'^'i:** ^y ^ the Que- charter-adl had not meddled with,) and fufped beck. ad. that Great-Britain, if they fubmitted to her authority, would, in a (hort time, abolidi thofe popular legiflatures, and govern the feveral pro- vinces of America by legiflative councils con- fiding of perfons to be nominated by the king and removeable at his pleafure, like that which is eftablifhed in Quebeck. This adl feems to have raifed the difcontents in America to their higheft pitch, and to have driven even the for-" mer friends of Great- Britain (whom the popu- lar party had diftinguifhed by the name of ton'es^ on account of their fuppofed want of zeal for ^ the liberties of their country) into the meafures of the oppofite party. For fince this adt we have hardly feen any perfbn amongft the Ame- ricans who has exprefled the leaft inclination to acknowledge and fupport tlie authority of parliament, except the cuftom-houfe officers and other officers of government in America, who hold lucrative employments there at the pleafure of the Crown, and a few of the clergy, Tt 2 of 'I'J \''m :r 111 1 !i 1 tl 1 i H \ V. HB 1, ^m furty ilk tp Americn ^^H ! Who were ^^H '1 friends to ^HH Great- 6ri. ^H 1 tain before ^H ij^ thepaffine of the faid H alarming 1 |&£lsofpar- ^^^H ^^B 1 jUament. 1 1; ;. t ^3* 1 bf the Church of England^ who are eagerly de(irous of having a proteilant bi(hop fent to America, and who, probably, entertain no hope bf feeing that favourite meafure accompliihed but by the authority of the Britifh parliament* All the reid of the Atnericans feem to be averfe to the authority of Great-Britain, though not to be difpofed to a£t with equal vigour in refid-^ ing it } fbme of them being, as I before ob- ferved, only paflive enemies of it, who difclaim and deny it in as (Irong terms as their brethrenj but are not inclined to refift it by force of arms. . , FRENCHMAN. You feem to fuppofe that, till thefe two unhappy adts of parliament were pafTed, there was a party of men of independent condition in America who might be confidered as the friends of Great-Britain and the authority of the Britifh parliament. Pray, is that your opinion ? and, i£ it is, upon what grounds do you entertain it ? ENGLISHMAN, ' 1 hardly know what anfwer to tnake to thk i^ueftion. For 1 mud needs confefs that I have ■ ■ ^ never i; the r of thii Ihavc levef r 3^3 I , ftevei' mylelf met with many independent peri Tons in America who were difpofed to acknow- ledge the authority of the Britifh parliament to tax them j I mean, of late years, iince the repeal of the (lamp-adl and the publication of the Farmers letters^ and the confequent non- importation agreements. For fifteen years ago it was acknowledged by every body. I have therefore no reafon to conclude from my own obfervation that there was^ before the pailing of thofe two adtsi a fufficient number of per*- fons of that way of thinking to be called a party ; though I have jon fome occaftons met with a few fuch per(bns» Hut it is well known that feveral gentlemen of great character and abilities in America, and who have had great opportunities of knowing the ftate of parties in it, have repeatedly tranfmitted accounts of a different kind to the minifters of ftate, and their other correfpondents, in England, in which they have affured them that there was a great number of perlbns of weight and property in America that were friends to the authority of the Briti(h parliament, and who would be ready» when properly fupported by a refpedtable body of troops, (that (liould be juft fufticient to keep the i I % I f * (I the mob^ in awe,) to declare themfelves to he £6, And in the fame accounts thefe gentlemen of eminence have fpoken of the popular party in America as being a faBioUy and have fre- quently called them ly that name, intimating thereby, (as I fuppofe,) either that they were a minority of the people there, who difturbed their more numerous and peaceable fellow- fubjed^s by their violent and tumultuous be- haviour, or, at leaft, that, if they were more numerous than the other party, they had fewer men of property and liberal education amongd them. Now thefe accounts do not appear ta be true with refped to the prefent ftate of America; fmce, though general Gage is now P*^"g o*" at Bofton with a very large body of troops, two afts of there has been no confiderable number of per- poor, of liberal or of low education, that have declared themfelves in favour of the authority of the Britifli parliament; but almoft every body has appeared to be diflatisfied with it,. and many perfons have abfolutely taken arms againfl it and twice engaged the Britifh troops in battle on that account, and others, of a more peaceable difpofition, are wifliing and feeking . , ' ' for Ko fuch party has appeared in America fince the [ 23S ] for milder ways of ending the difpute by peti- tions to the king and propofals of a treaty and - :...- compromife with the parliament, but not of a . * " compleat fubmiflion to its authority. To re- •' •. :;'r concile this ftate of things with the accounts that have been given of America by the perfons v of charadler above-mentioned is no inconfide- rable difficulty. It is hardly poffible to conceive R€afon for that thofe perfons (hould have been fo intirely that there miftaken in their judgements and opinions of pa^/about the Americans as they muft appear to have been, the year if we judge from a furvey of the prefent ft ate of America: and ftill lefs ought we to imagine that fir ' meant to deceive the Britifh govern- ment, ■• id bring on the prefent moft dcftrudivc civil war. We muft therefore conclude that V' their accounts of the fentiments of the Ameri- cans were true in the year 1772, though they are not fo now, and that //// that time there were many perfons in America who (notwith- ftanding the claim of the Britifh parliament to the right pf impofing taxes on the inhabitants, and their exercife of that right in the continu- ance of the trifling duty upon tea) were friends to Great-Britain, and averfe to any meafures gf refiftance to the parliament's authority ; though It !s pro- bable that this party abandone thecaufeof Great-Bri tain upon the paflin of the fai two a£ts. f ■v^ •» ?.' r 336 1 even thefe perfons were not, as I believe, dif- pofed exprelsly to acknowledge its right to tax them. But, upon the pafling the Boflon-^ ttttn^of charter adt and the Qiiebeck-aa: in the laft year, 1774, it feems probable that the majority of even thefe friends to government, or Greats Britain, thought it neceiTary to change their condudt and go over to the more violent party who were difpofed to refifl the authority of parliament by force of arms, as being the only method left them for the prefervation of their liberty. And indeed I have heard more than one of thefe late friends, and now relu£tant enemies, of Great-Britain exprefs themfelves in very plain and ftriking terms to that efFeft, with a melancholy fenfibility to the diftrefsful condition they were driven to, which I (hall DQt eafiljr forget* FRENCHMAN. ^ If you can recoiled the expreffions they made ufe of on that fubjedt, I fbould be much obliged to you if you would repeat theni. For their own WQfds mil bQft POQvey tb?if *. < ENQ* I • f. t 337 3 ENGLISHMAN. ioS/ 5,- ..J »» « -*i'« Jib /i- f^u IS-' . it «t (( ti t 338 1 " but without interfering in the lojtft with the fuperiour authority of the parliament, which h tlie fupream and general legiflature of the ** whole nation, and has power to bind all the " fubjeds of the crown in every part of its • * dominions. ' And we, the fober and Ic^al patty'iil' America, (whom our brifker coun- try liien have ftigmatized with the name of Torks, on account of our attachment to Greit*Britain}) being convinced by the force ^^ <^ the reafons alledged in that behalf, and '' delirous of maintaining our union with Great-^ ^< Britain in die mod: perfdft manner, have <^ acknowledged the juftice of this pretention, '< and have declared ourfelves to be bound in 4uty; and willing in hd^i to obey the fu->> f»i%am legiflative authority of the- parlia- ^'nteilt; though we have wi(hed^^ the fame ^^ time, that they would forbear to ufe it for ^' the purpoie of nnpofing taxes on us, and ^^ leave that fingle a^d delicate bufinefs to be ^* tran^died by our own aflfemblies, as it had f' always uied to be till the unfortunate ftamp- «< a^ In 1 764. Thefe have been our mode^ >'^ ratbaod friendlj^ ibntiment; towards Great- f piriiaifi, though a mpre clamorous ^nd vio- (C (C '*i y iiiiii kt it €€ tt €t C-'»*i-.H -''Hl> -ir; V. 'i;M ^u^i\\f'^m ■'^mi-^amh ■m m tiMmhih: tUO This was the language held about the autufhn ipf the lad year, ^774> ^7 ^"f^® ^^ ^^ "^oft modbiate Ameiicans in the Englifh provinces upon thtpailihg of the late Quebeek biH: ;th4 accordingly we iee that the oppofition to thi^ authority of tKp padiament is noyf become ai«> tnoll iimver^ |hroughout thofe provloces^^; hasHf I ft ij • '^- ? r"\f ^••rKj; i-jifc:'/. iriiljy tjt* .' ^ ,.>fd ii! '^;V { 344 ] faardly any perfbos in them having, fince Axzt time, appeared to have any inclination to ac<« knowledge and fupporc tl^t authority except, as I before obferved^ the cudom-houfe officers and other ofBcers of government in America, who bold lucrative employments there at the j^eafure of the Crown, and a few of the Church of England clergy who are mod follicitous for the eflabliflunent of proteftant hiihops in thofo provinces. A *l» 4 - • • # • '"""^■•' •■■ french'm ANT; ^■'^'^■i •■^' • " '\ I fee plainly tl^a^. t}iie Quf beck*a^ is equally prejudicial to us Canadians an^ ^ 4^ inh^^bi* Cants of the £ogU/h provinces ii^, Atperica. It is intended to ke(sp us \.\ a pefpptual date of enmity againd diofe provinces by mean? qf the difference of our religions, and to make ufe of our aflidance in fubduing the rebellious inhabi- tants of thofe provinces to the obedience of the Britjfh parliament. 9ut the British governrnqni: will £ad thennfelv^s m^ch miftaken in this The Cana* policy. For we Capadians are not difpoied to not difpof* be fp e(?[)ployed againd our Engiid) nngbbours ^ jStbSr npr ^8 ^^ difference of our religious opinions* ing their \iSaa^ us witb fentimenta of hatj^ .towards tc9)eu»at«<^ ♦" tachment u . : them^ fo tbe Ro« *» man-CathoIick nlhUtn) to be employed Ip reducing %h.9 other AQ\erica«9 l» th« obedience of the Uritifl) parliameoiT. / r^^ to n - » > i erica«» t 345 1 them, after the humane and friendly treatment vre have received from our Englifh and pro- teflant fellow-fubjedls in this province, as well as from the Britifh government here, for the lad fifteen years. We are, it is true, zealous Roman-Catholicks : but we are fo, becaufe we are bred up in that religion, and have no know- ledge of any other ; and we have happily no antipathy to thofe who have been educated in other religious opinions, when we fee that they are Co candidly difpofcd to grant us the fuUeH; liberty of profefling our own. This fine-fpun, but malignant, fcheme, therefore, (which has been lately adopted by the Britifh minidry,) of fettlng us at variance with our proteflant fellow-fubjeds in the neighbouring provinces, will infallibly prove abortive. However, I do not wonder it has alarmed the £ngli(h colo- nifts in North-America ; it ought naturally fo to do : and I hope they will in(i(l upon this a(^'a being repealed before the prefent difputes with Great-Britain are brought to a fettlement. ENGLISHMAN. * ' t , You may depend upon it that they will infift There ii on this as an indifpenfable preliminary article expeS that to any accommodation they may make with !j}o^JJfJj^ , . , X X Great- *« Nonh, will infiA on ths repeal of the Quebcck-%£^« si - f.^ [ 346.] Great-Britain : and likewife on the repeal of the Bofton- charter aft. Without thefe two con- ditions they will liften to no terms whatever, unlefs they fliould be totally fubdued by Great- Britain, which (from what we have obfervcd before) does not fcem likely to happen. i ■ - ^ FRENCHMAN. :-^''"['^', I am glad to hear you fay that the Englifli provinces will infift on the repeal of the Que- beck-ad as an indifpenfable article of their reconciliation with Great-Britain, For then I hope it will be obtained: whereas I doubt whether our poor Canadians would have cou- rage and ^eadinefs enough, (notwithdanding their great diflike of it) to unite and perfevere in making the petitions to the king and parlia- ment that would be neceffary to procure a repeal of it. However, I hope that our fentiments upon this fubjedt will be made knowa to the mini(lersof (late and other perfons of influence in England, (without our making a formal petition againft the a6l,) by the teftimony of fuch honeft and impartial Englifhmen as from time to time (hall go from this country to England, who cannot but perceive how greatly and how generally we are diipleafed with it. ENG- .J .■ . G- I , 347 1 ENGLISHMAN. 1 doubt whether fuch reprefentations as tbofe J (however rcfpedable they may be, from the ^ number and the charadlers of the perfons who ,, (hall make them,, and from, the uniformity of . their teftimony) will ever procure the repeal oi- that obnoxious adt ; and am inclined to think that (if the other American colonies (hould take no notice of it) nothing lefs than ftrong and^ general petitions, of tl>e. Canadians themfelves will be fufficient for that purppfe.: if even thofe would be fuccefsful. So that your bed chance of getting rid of this aft. feems to arife from the alarm which it has given to the English colonies and the refolution with which they feem determined to infift on its repeal. ^ ^^ . ' FRENCHMAN. Well ', I hope they will fucceed in their en- deavours to obtain the repeal both of this adt and the Bofton-charter adt. And then, if The repeal Great-Britain would add to thefe repeals a de- beck^aa " claration of the kind we have before mentioned V^i ^^^ hoRon- concerning the future taxation of America, chaitcraa, namely, " that fhe will never impofe any in- wuhare- tcrnal taxes upon them until they have been Jl'ot^to^j^, ^ , > .: , ..* ..: ; . Xx 2 * • permitted Fo^'»'^^i- ^ r.al tUAjii on the Americans, nor to difpofe by a6l of parliament of the revenue pro- duced by external taxes, but to leave it to the difpol'al of their aflcmblii.'s, and together with an aflurance that their charters fliould not be altered for the future without a charge and hearing, would be a good foundation fo* ^ reconciliation between Gteat- Britain and North-America. i! '! ■ n ill 1 ill ;i ii : I /•-■j ,. J- li-- ii [ 348 1 permitted to fend rcprcfentatives to the Britlfh parliament, and that, when flic impofes any cJcternal taxes upon them, the revenue ariling from fuch taxes fliall be left to the difpofal of the legiflatures of thbi^veral provinces in v^hich it fliall arife, refpedively,** and fome aflurance that their charters fliall hot, for the future, be taketi away or altered, without firfl bringing a formal charge in parliament, accompanied with proper proofs, of an abufc of the privileges contained in them, and a hearing of the pro- vinces fo charged in their own defence; I fliould imagine the Americans would be content to return to their former fubjedlion to Great-Britain and acknowledge, or, at leafV, comply with, the authority of the Britifll parliament upon all other fubjedts. .... :, i ■fs : X ENGLISHMAN. I intirely agree with you in thinking that thefe are the grand preliminary articles on which a reconciliation with Great-Britain ought to be grounded, and without which there is no pro-* fpedt of its taking place. But thpre are a few other points upon which it would be both eafy and very prudent for Great-Britain to give the ^ ' Americans 'M: 'i f 34? 1 Americans fadsfadtiotr, and which^ otherwife Some other may become the occafions of future difputes wS it between the two countries. Thefe points ate: ^°"^;J. **« * ' expedi lienc the Iticfative places in America, which are to give the executed by deputies; the quit-rents paid to fatisfac. . the king by the holders of land in America; "®"' the eftablifhment of proteftant bifliops in Ame-' rica; and the amendment of the^ conftitution of the feveral councils of thofe prbvinces which, have no charters, but are governed only by the ^ king's commiffions to his governours. If thefe points were fettled to the fatisfadlion of the Americans, (as they might eafily be without prejudice to the interefts of Great-Britain,) I fliould imagine they would greatly contribute? to a permanent reconciliation between Greats Britain and her colonies. FRENCHMAN. -. p, , - .. * V . i V 4 ' ' .• I ill In what manner would you propofe that, thefe matters fhould be fettled? and what are the appreheniions the Americans entertain^ concerning them r " ^ <.?^*^''Ji 0 4thly, whether it would be moft Y y convenient G ■'•V rir <)1 .--( 'u convenient to have one provoft-marfhal, or (heriff, for the whole province, or to divide the province (which was very large) into two or three different diftrids (as in the time of the French government it had been divided into three diftridts,) and appoint a feparate officer of this kind to each diftridt 5 andj 5thly, whether, in their opinion, the amount of the fees which the Canadians had been ufed to pay und^r the French government, or which they could then eafily afford, and would chearfully confent, to pay, would be fufficient to induce capable and refponlible perfons, refident in the province, and acquainted with the' French as well as the Englifli language, to undertake thefe offices ; and, if tjiefe fees were not fufficient for that purpofe, to report to his Majefty their opinion of the quantum of the falaries which it would be neceffary to annex to thefe offices, over and above the faid moderate fees, in order to induce fuch capable and refponfible perfons to undertake them. When thefe things had been carefully inquired into, and fully reported to his Majefly, by the governour and council of the province, it would have been proper to appoint one or more provofl-marfhals, or fhe- jriifs. [ ^S5 1 rifF^, (as fliould have been thought fteceflary,) who (hould have been conftantly refident in the province and v^rell acquainted with both the French and £ngli(h languages> with mo- derate falaries, if neceffary, and a power to take fuch very moderate fees as ihould have been fct down in a lift allowed by his Majefty's order in his privy-council for that purpofe after the inquiry and report of the governour and council of the province above-mentioned; and without any power to make a deputy, except upon very particular occa(ions» as in cafes of iicknefs 3 and then with the governpur's licence. All this appears to me to be fo plain, that I fhould have thought one hour's attention to the fubjed would have fuggefted it to any man» '; C;!-,.- •(••?, • • »' ■«" '• W t FRENCHMAN. .,•'- I fhould have thought fo too. And I heartily Wifli his Majefty's minifters of ftate in the year 1763, (when that commiflion of provoft-mar- (hal of this province was granted to that Mr, Turner,) had beftowed that one hour's atten- tion upon it, and purfued the condud you mention. It would have prevented thoufands of complaints that have been made in this pro- Y y 2 vinc3 '. I H the afore- faid com- miffion of provoll^ marfhal were too great for the pro* vince of Quebcck. I 3s6 1 Sf wed b ^^"^* concerning the exorbitant fees paid to that officer by thofe who were engaged in law-fuits. For, as you well obferved juft now, the fees we were ufed to pay on thefe occafions in the time of the French government, were uncom- monly low ; fo that what might appear a very moderate fee to an Englifh inhabitant of the province, has appeared to us an enotmous one • and belides, this province.was one of the pooreft in North- America at the time of granting that commidion 3 though it has iince acquired a confiderable quantity of gold and (liver by the large exportations of corn that have been niiade from hence to Barcelona and other places in Spain for thefe ten or twelve years pafl under the mild adminiftration of the £ngli(h govern- ment and the protedion of the Englifh laws, which took place here till the late Qu^beck-aA. And therefore at that time it was very unjuH: to require the people of this province to pay the fame fees to the provoil-marfhal as were paid in the rich province of South Carolina* The claufc Not to mention the abfurdity of expreffing a miffion power of demanding fees of the king's fubjeds Utcs ito the ^^ ^"^^ vague and general terms as thofe which fees de. ^rc ufcd in this commiffion, which do not refer icnbes the quantity of tO them in a very loofe and nncertain maimtr; . t 357 I to any one particular province of North- Ame* rica, but to all of them together : which feems to make thofe words almoft unintelligible, and ought» in my opinion, to make the whole com- • million void on account of its uncertainty. ENGLISHMAN. T Your obfervation is very juft. The words The wordt of the king's patents ought to be as clear and J[^S® certain as poUible, and ought to manifeft a full g^anta knowledge in the king of the extent and value ascietrand of the things he grants in them, whether they !|^ffibfc.** be lands, or rights and privileges of any kind. And, upon this principle, every patent declares the king to ad " ex certd fcientid" that is, ** of his own certain knowledge ;" and where that is not the cafe, the king is conlidered in law as having been deceived in bis grants and the patent may be revoked. And this patent feems fo liable to this objedion, that I almoft wonder the lord chancellor of Great-Britain of that time, (who was the earl of Northington, and who was reputed a man of abilities,) fhould h^ve put the great feal to it. But we may fup- pofe that, in the multiplicity of the bufinefs of his high ftation, he never read it. *t^ FRENCH* m r 358 t i M ft U Ufijuft M eftabliih foch fees, for the bu- finefs done in any of- ficct as are fafficient to enable the principal officer to procure a deputy, wholhall ^6 tho whole duty of the of. iice, and pay the laid prin- cipal an annual rent out of the profits of it. FRENCHMAN. But, if the patent had been ever fo corredb m the wording of it, and had even fet forth a lid of the fees which it had enabled the pro-* voft-mar(hal to demand, (as it ought to have done,) 3 and if this province had been rich in- dead of poor ; and thefe fees had been very moderate, and fuch as the Canadians could have afforded to pay ; yet I ihould flill have thought that the granting of this office to a perfon who was to refide in England, and to execute it by a deputy, would have been a wrong meafure, and unjufl towards the inha- bitants of this province. For why ^ould we Canadians be forced to pay a tax, (under the form and name of fees,) for the maintenance, or convenience, of an Englifh gentleman re- iiding in the county of SufTex ? For every part of the fees we pay to any officer, beyond what is fufficient for a reward to the afting perfon who really does the duty of the office, is, in truth, a tax upon the fubjedt for the fupport of an idle man: and, whenever the fees of an office are fo great and fo numerous that a proper and fufficient man can be found that is willinz }^ B to ad as a deputy in the office for a part of the profits of it, and confequeotly to pay a farm- rent to the principal officer for the privilege of adting as his deputy, the fees of that office, (however fmall they may be,) are too great by jufl: fo much as contributes to produce the rent paid to the principal officer, and ought, in point of juftice, to be reduced fo fax as to annihilate that rent. ENGLISHMAN. <' c: You now enter fully into my objedlion to thefe lucrative places in America, which are enjoyed by perfons refiding in England and executed by deputies who farm them. The Americans conlidcr them in the light in which you have jufl now placed them, and complain of .them as inflances of the difpofition of the Britifli government to negled the welfare and fatisfadtion of the American provinces, and to make ufe of them only as a fund for increafing the influence of the crown in gratifying its fa- vourites in Great-Britain with lucrative and fine- cure employments. This ground of complaint I would therefore fain fee removed, hy abolif];i- ing the patents that have been |;ranted of thefe .effaces ' T ll|W •' ■ . ? , 'iifll!| MHh ' 1 » u^D , -►.♦ nj^H ThU db- ■ ; fLii^^l .' je£tion is nwii' made by the Ameri- iwmim cans to the wwBt lucrative 1 [IHRV; offices in 1 . 1 |oLM their feve- |wHll ral govern- IHBn'- ments. ^■llflB'fii which are ;i IHB given tp IHH perfons re- 1 fHHI fident in f-fiHliB Eneland^ and exe- iim HH cuted by •i Im-w' their depi&* i Iw^l ties in \ ISH America. And it t 1 ought to be ill llBw removed^ ii| in order to . f ^ ttvfl^H ■ give the Americans ? fAtisfa6UQQ» t a'jI iiMI / ''|[l f ^^^^1 ■ 1 i'i 'U ' t 360 J oflSces to pcrfons refident in Great-Britain, (I mean with propck , compenfations to tlve pju tentees for the lofs of theoi;) and regulating the offices themfelves in a manner that would be iktisfadory to the Americans. FRENCHMAN. : Of the of- I think you mentioned the office of fecretary cretaiy of 01 this provmce as having been granted to a Ym^^I} gentleman in England with the like power of Qoebeck. making a deputy, who fhould refide in the province and do the duty of it j and that that has been, in a great meafure, the caufe of the complaints that have been made in this pro- vince againft the great fees that have been re- quired of us for all the bufinefs done in that office. Pray, to whom, and in what manner, was this office granted, upon the eftabliihment of the civil government of this province ? ENGLISHMAN. It was granted to a gentleman of the name of Ellis, who had been governour of South- Carolina, and who was a grea** favourite of the iate earl of Halifax* who vfM at that time one . C)f bis Majefly's fecretaries of flate. The patent i? It ufualli had hi )f the ^e one latent [ 36X J IS dated on the 30th of April, 1 763, that is, more than five months before the date of the proclamation of Odtober, 1763, in which his Majefty declared his royal intention of eftablifh- ing a civil government in this province, and confequendy before it was known with cer- tainty that fuch an office as that of fecretary of the province would be neceflary. And, left the '^J*'"®* ^ * ' -' other offi- profits of the office of fecretary of the province ces were fhould prove too fmall to be worth an Englifh ?he"ame** gentleman's notice, three other offices of great [jJ^^J" ^^ importance in this province were granted to the patent, fame perfon by the fame patent, to wit, the offices of clerk of the council of the province, commifary, or fteward general, of the provifions and ftores of the king's forces in this province, ' ^nd clerk of the inrolments for the inrolling and regiftering^all deeds and conveyances made in the faid province, and alfo all bills of fale and letters patent, or other ads or matters ufually inroUed, or which, by the laws of that province (hould be direded to be inrolled. It feems rather ftrange to talk of matters A remark ufually iiirolled in a province which hitherto accurate had had no civil government in it fince its fub- |he^pa"f,° Zz jedion Urn ]'v 11 i'f Ma. ^I ,1} 1 i-mi m !! ' Ipl W' I I : III 'I t 362 1 1 jc(^ion to tlic! crown of Great-Britain, But fuch are the words of the patent j by which you may fee how negligently matters of this kind were tranfa(fted. - .- ^ . ;:i: A power was given in the pa- tent to exe- cute the faid offices by deputy. They were, according- ly, farmed out to a deputy for 3C0I. a year. Of the fees to be taken in thefe offices. AH thefe four offices were given by this pa- tent to the faid gentleman to hold during his natural life, with a power to execute them by one or more fufficient deputies, who (hould refide in the province, and for whom he fhould be anfwerable. And, accordingly, Mr. Ellis foon after farmed them all out to a deputy, (who' was refident in this province,) for the fum of j^. 3 00 fterling a year. « ^) The claufe about the fees to be taken in thefe offices feems to be lefs liable to exception thar ♦he claufe upon that fubjedl in the commiffion of the provoft-marfhal ; becaufe it feems rather to refer to fuch fees as Ihall be thereafter efla- blidied in the province by fome fufficient autho- rity, (it does not fay, hywbat authority;) than to authorize the patentee to take the highefl fees he can find to be taken in the like offices in any of the provinces of North-America, as is done in that other patent. Yet the words of it are [ 363 1 are much too vague and uncertain, as I belie i'e you will readily agree with me, when I repeat them to you. They are as follows. " /i^7//6 a// ^^^ ciaufe the falarieSf feeSj profits, perguifites^ and adijan- tentrdiJ-* tages whatfoever to the Jaid offices and places^ or ^f^^^^^^ any of them^ jointly or feverally in any wife be^ longings or which are or Jhall be ejiablijhed^ or albwedy for^ or in refpeB of, the exercife, or execution of the /aid offices and places refpeSli^cely^ in as full and ample manner, to all intents and purpofeSf as any other fecretary, or clerk of the council, of any of our provinces of North-America does Md and enjoy, or of right to hold or enjoy, the fame y You fee here another inftance of negligence. The two other offices, of com- mijfary of the /lores, and clerk cf the inrolments of deeds and conveyances, are intircly omitted ia this claufc concerning the fees and perquifitcs. I It' j.v-:i FRENCHMAN. Indeed this feems to be a f^-ange omiflion : and with refpedl to the fees to be taken in the two offices of fecretary of the province and clerk of ihe council, it feems doubtful to me ture'c'on' whether this claufe {which, thoueh very ver- cemingthe . meaning oi bofc^ i^ wonderfully obfcure,) was not intended ihe laid I Zz 2 to '^""'^• m M>i> t 364 J to give the patentee a right to take all the fees that were taken by perfons who held the fame offices in any of the provinces of North-Ame- rica, and alfo to take fuch other fees as (hould be eftablifhed, or allowed, in this province for other matters that might not be tranfadted in other provinces, or for which, (if they were tranfaded there) it might happen that no fees were taken. IM 1 ENGLISHMAN. Perhaps this may be the true meaning of thefe words. But it is certain they are much too vague and obfcure, and (hew that very little regard was paid, at the time of granting that patent, to the conven'fnce and circumftances of the inhabitants of this province, or to any thing but the intereft of the patentee. Accordingly you well know that the fees of the office of fecretary of this province and of the office of clerk of the inrolments, or (as it is more fre- quently called,) of regifter of the province, have been much complained of by the Cana- ijians, as intolerably heavy. fRENCH- C 365 1 FRENCHMAN. Oh ! univerfallyj and moft juftly : for they were often found to be much too large for the abilities of us poor Canadians. But I hear that thefc offices are now going to be put under a better regulation by the care and direction of our governour, general Carleton, Pray, is this true? ENGLISHMAN. It is. General Carleton, having been mucli The afore* affedted by the frequent and loud complaints were ab"-* made to him by the Canadians againft tne iz^% Ih^^fa?^ taken in thefe and the like offices, and finding Quebeck. that no redrefs could be given to them by his authority as governour of the province, by rea- fon of the permanent intereft which the holders of thefe offices had in them for their reipedlive lives by thefe patents under the great feal of Great-Britain, did, when he was lately in Eng- land, recommend it ftrongly to the king's mi- nifters of ftate, to procure thefe patents to be abolifhed, and give the patentees adequate pen- fions for their lives in lieu of them. And this tvholefome advice has been taken^ and the thing done^ I si HI m I '.• -.5 f, f m ! -311 M p-| ii ■i'", 1 ,1 It' "j«!^ k m [ 366 1 done, though in a manner which was not quite confiftent with the refpedt that was due to the two houfes of the Britlfh parliament. ^ _ •' ^ ■ ' '" < -♦ . . ■*.''■» • . ' FRENCHMAN. Pray, what was the manner of doing it ? - ENGLISHMAN. • The re- It was a manner of proceeding: that you would markable i /• r /- i r i manner of ncvcr have thought of for fuch a purpofe. It abolition. ^^^ ^Y drawing in the Houfe of Commons and Houfe of Lords to abolifli thefe patents under the great fcal of Great-Britain by three or four general words in a claufe of the Quebeck-bili, without knowing what they were about, or that fuch patents were intended to be abolifhed, or tliat the patentees had confented that they (hould be abolifhed, or had received fatisfadlory com- penfations for the abolition of them, or, per- haps, that any fuch patents had ever been granted. The preamble to the fecond great cnading claufe of the Quebeck-bill ftates, " that the provifions made for the government of the province of C^uebeck by the royal pro- clamation of Oftober, ij^^^* ^^^ ^^^^ powers and P-^' :!|i t 367 ) and authorities given to #ie governour and other civil officers of the faid province by the grants and commidiQns ifTued in confequence of the faid proclamation, had been found, upon ex- perience, to be inapplicable to the ftate and circumftances of the faid provinces ;" and then the faid enading claufe enads, " That the faid proclamation, fo far as the fame relates to the faid province of Qoebeck, and the commiflion undeir the authcuity whereof the government of the faid province is at prefent adminiftered, and all and every the ordinance and ordinances, made by the governour and council of Quebeck for the time being, relative to the civil govern- ment and adminiftration of juftice in the faid province, and all commiffions to judges and other officers thereof, be revoked, annulled, and made void, from and after the firft day of May, one thoufand, feven hundred, and leventy- five." In this claufe, under the words " other officers thereof come our friends the provoft* marfhal and that multiform officer, the fecre- tary of the province, clerk of the council, clerk of the inrolments, and commiflary of the ftores, and another patent-officer of lefs importance, called the naval officer. But, I dare fay, very few %\ t ;■,;■ ■> ill i ). I: I :i II- mi hii [ 368 J {ew members of either houfe of parliament fuipedted that any of the commiilions hereby vacated were beneficial patents for life under the great feal of Great-Liitain, They would otherwiic, mod certainly, have inquired whe- ther the patentees of fuch offices were con- tented that their patents (hould be vacated, and were latisfied with the compenfations they were to receive in lieu of them, fiut no fuch inquiry was made, and not a word was faid about them. It is true indeed that one of thefe patentees, Mr. Turner, the provoft-marrtial, died juft a little before the Quebeck-bill pafled, but, (if I remember right,) after it had been brought into the Houfe of Lords. But the other two, that is, the fccretary of the province, and clerk of the council, 6cc. who was one Mr. Roberts, (gqyernour Ellis, the original patentee of thefe pffices, having refigned them fome years before, upon a private agreement with Mr. Roberts, and a new patent for them, under the^reat feal pf Great-Britain, having been granted to the faid Mr. Roberts,) and the naval officer, were ilill alive. Yet no information was given to cither houfe of parliament that fuch officers yrere cither dead, gr alive, or had refigned their offices. \4 r 369 ] offices, or conG'tited that they fliould be abo- lifhed in confcquencc of reafonable compenfa- tions received, or to be received, in lieu of them, nor even that fuch offices had ever been granted for life by patents under the great feal ; but they were artfully drawn in to abolifli thefe patents, without knowing it, under the general words above-mentioned, *' other officers thereof '* Now this I confider as a great indecorum^ in the conducll of the pcrfons who framed and brought in that bill, with relpedl to both houfes of parliament. FRENCHMAN. A very great one indeed ! and fuch as I fliould never have fufpcded ! I hope, however, that the patentees had reafonable compenfations made them in private for the lofs of their offices, tho* I think it was originally wrong to grant them fuch offices. « ENGLISHMAN. I have been well affiired that the faid fecre- tary of the province, and clerk of the council, &c. and the faid naval officer have, both of them, received ample compenfations for the ( 'J ■|i i^ Aaa lofs m HI I ') Hi >:': |i 1 'I The aforc- faid civil ofRces ought CO be given to Separate oiHcers, re- fident in the pro- vinces to which they belong, and not fe- veral of them to oat man. [ 370 1 lofs of their patents : fo that the proceeding has not been injurious to them, though juflly liable to cenfure on accouut of its difrefpedt- fulnefs to the two houfes of parliament. — But I hope you now conceive the objedlions which the Americans entertain againd the lucrative places in tJieir refpedlive provinces, which are ' granted for life to perfbns refident in Great- Britain, and executed in America by deputies ; and why I wifh to fee thofe grants aboliihed. FRENCHMAN. I conceive thofe objedlions moft clearly; and I think them very jullly founded; and therefore join moft heartily with you in your propofal of aboliihing thefe grants, which would, doubtlefs, give great pleafure to the Americans. And I further think that it would be proper to take care never to give more than one of thefe offices to one perfon, even when they are given (as, we before agreed, they ought to be) to perfons refident in the provinces where they are held, and without a power of appoint- ing a deputy, except in certain extraordinary cafes, and then with the governour's licei^ce. For £ir.ely an ofHce is more likely to b^ well executed. t 37« ] I executed when it is the only office of the pcrfon • . who hoMs it, thaa when it is one amongfl many that are enjoyed by the fame man, and can therefore claim only a part of his time and attention. Not to mention that the monopoly of offices under government is always odious in itfelf, (even if the duty of them were to be perfedlly well executed,) and gives room to envy and difcontcnt. ENGLISHMAN. Your obfervation is perfcdlly juft. And I therefore fliould he glad to fee a providon made by authority of parliament that no two of thefe places (hould be held by the fame perfon. I am Mod of alfo inclined to think that moft of thefe offices cers*^ihouId fhould not be given away by his MajeOy's own ^^F®'".!! appointments, but by thofe of the governours of governours the feveral provinces to which they belong j be- vinces, and caufe thefe governours are much more likely JJ!|Jj'y ^^'^ to know who are the fitteft perfons, refident in their refpedive provinces, to difcharge the duty of thefe offices, than his Majefty's fecretaries of Hate, or other minifters of (late, in England, upon whofe recommendations his Majefty's, own appointments to offices are ufually oiacie, A a a 2 Su.t, I ^m m i IMAGE EVALUATION TEST TARGET (MT<3) F.^ n4 1.0 1.1 lii|21 125 yj ^^ ■■■ ^ ^ 12.2 :s 1^ 12.0 USi j . - 1^ i^ m. ^ 6" ► HiolDgraphic Sdences Corporation ^^ v k*^' :\t [ 374 J America, or the Weft-India iflands, to wit, the place of fecretary of a province, or clerk of the council of u ; TOvince, or clerk of the inrol- ments of deeds and conveyances, or commiflary, or fleward, of the provifions and ftores of the king's forces in the fame, or provoft-marflial, or fheriiF^ of the lame, or naval officer of the fanic^ or coroner of the fame, or regifter of the court of Chancery in the fame, or clerk of any court: of luftice in the famej or of any other c: :i tmploy - ment in the fame, by virtue of vhich ^'- taken from the inhabitants of the fa /I r : deliver in upon oath to the BritifhHoulc oi mons an account of the profits they have re- ceived from their faid offices refpedively during the laft fcvcn years, and to fet forth the fevcral particulars f om which thofe profits have arifen^ as well as tliey are able, and the rents at which they have let their offices to farm to their fevera^ deputies, and to give full anfwers to all queftions that fhall be afkcd them by any members of the Houfe of Commons concerning the faid ofiices. Secondly, After this inquiry into the nature and profits of thefe offices, to pafs an adt of parliament to vacate all the faid patents and . ::. : iettle ^Oiii- ire of ind tie t 375 I fettle upon the feveral patentees penfions for their lives, payable out of the finking fund* producing, (clear of all taxes and other de- dudtions,) fums equal to the yearly vaitic of the rents received by the feveral patentees^ from the deputies who have farmed their offices of them^ upon an average during the Jaft fev£a years- Thirdly, To enadl in the fame aft of par- liament, that the faid offices (hall never more be granted to any perfons for their lives, nor with a general power to execute them by deputy, but (hall be given only to perfons reiiding m the province, without any power to appoint a deputy, unlefs in cafe of grievous (icknefs, and then with the governour's licence, and for a term not exceeding three months. Fourthly, To provide in the feme aft that no fees (hall be taken for the future by the perfons who fhall be app(nnted to the feU offices, but fuch as fhall be appointed and al- lowed by the general afTembly of the province in whidi they are to be paid* Fifthly, m m Ill I [ 376 ] Fifthly, To provide in the fame adl that no two of the faid offices fhall, under any pretence whatfoever, be holden by the fame pcrfon 5 arid, confequently, that the acceptance of a fecond office by a perfon who is polTelTed of one of thefe offices before, fliall operate as a refignation of the firft office. Sixthly, To provide in the fame adt, that the offices of fecretary of the province, clerk of the council of the province, regifter of the court of Chancery, clerk of the inrolments of deeds and conveyances, provoft-marfhal, or flierifF, and coroner, in every province, fhall be granted by the governour of every pro- vince by a commiffion under the publick feal of the fame, of which he (by his commiffion of governour) is the keeper; and that they fhall hold their faid offices without being liable to be either removed firom the fame, or fufpended from the exercife of the fame, by the governour of the faid province alone, but (hall be liable to be removed therefrom by the governour and the council of the faid province conjointly, pro- vided that a majority of the whole number of the members of the council^ (including the gbfent members as well as tbofe that are prefent,) or I 377 1 (hall concur with the governour in fuch a mo- tion; and likewife they (hall be liable to be removed by the king's majefty by his order in his privy-council. Seventhly, To provide in the fame ad for the appointment of the other officers of the province, who perhaps ought not to be ap- pointed by the governour. I am inclined to think that the clerks of the feveral courts of juftice ought to be appointed by the judges of thofe courts, or the chief judice of each, as is the praftice in England ; and that the receiver- general of the revenue, and the collector and comptroller of the cuftoms, and the naval officer, ought to have no fort of dependance on the governour, but to be appointed by the king himfelf, or the lords of the treafury, or fome other of his Majedy's miniflers in England. But, whether thefe opinions are well or ill founded, at leafi: it ought to be clearly afcer- Cained in tlie ad, by whom thcle other officers ihould be appointed, and with what tenure in dieir offices ; to the end that all future abufe^ inajr be prevented. Bbb Eighthly, '.' iSKmia ' ii'SBMBK •ji^W •1; 1 91 :# n^H S'h nH^ S^^^^^^BI ."'**»".■'■ ^^^^^^K m ^Ha^H [ .378 ] Eighthly, It fliould be provided in the fame act, that no place, or oiiice, in any of the co- lonies, or provinces, of North-America or the Weft-Indies, (liould upon any occafion, or un- der any pretence, be granted in reverfion j as nothing can be more abfurd and liable to abufc than this pra(5lice of granting places ia ycvcriion. And, ninthly. It fliould be provided in the fame a6J:, that no place, or office, whatfoever in any of the faid colonies, or provinces, (hould be granted even in polTeflion to any perfon un- der the age of five and twenty years : becaufe the giving employments of confequence to boys, or very young men, through favour, very much degrades the dignity of government. You now fee in one view the whole of what occurs to me as fit to be done upon this fubjcd: of the lucrative offices in America, in order to give the Americans fat!sfa6liGn. FRENCHMAN. I underftand your propofal perfedly, and intirely approve it. It would be doing for ail the colonies in America and the Weft-Indies in a publick^ deliberate^ authentick manner, with [ 379 ] \vith the confcnt and fatisfa£lIon of all the parties concerned, what has been done aheady, (though in a clandeftine way,) by general Carleton*s good advice, with refpeft to this province of Quebeck by the claufe in the Qnc- beck-a(fl which abolirties the patent-offices above-mentioned. And it would add to that meafure, (which, I hope, will prove beneficial to this province,) many other regulations con- cerning the civil offices held in America, which have not been made in this province, but which feem neceflary to prevent other abufes and com- plaints with refpe duce to the Crown about fifteen thoufand pounds per annum j which is the quit-rent due, (accor- ding to the foregoing rate,) upon fifteen millions of acres, one million of farthings (which is the rent due for one miffion of acres,) being nearly equal r 381 ] equal to a thoufand pounds. Now ^e Ame- ricans are apt to complain that this money is carried out of their country for nothing, and ferves only to fill the king*s privy-purfe, with- out producing any benefit to the indudrious land-holders who pay it; whereas it ought, fay they, in point of juftice, to be fpent in America, in the provinces in which it refpedivcly arifes, in matters of publick benefit to the in- habitants of the faid provinces, as for inflance, in paying the govcrnours and judges, and other officers of civil government, in them. This may, perhaps, be too rigid a way of reafoning upon this fubjed ; fince it feems to be as rea- fonable that the Americans fhould contribute fomething to the king's privy purfe and houfhold expences as that their fellow-fubjeds in Great- Britain (liould do fo ; and thefe quit-rents are a very eafy contribution for that purpofe. But, in order to remove every (hadow of injuftice, and every poffible ground of complaint, upon this fubjed, I would have the king give up thefe quit-rents and all other royal dues he may be intitled to receive in America, to the feveral provinces of America in which they arife, to be applied to publick ufes in the faid provinces, fuch Complafntf of the A me- ricans con- cerning the faid quit- renct. A propofal concerning the faid quit-rentf,^ with a vie «v tothefatif- faflion of the Ameri- cans. I'll' m ■ i A ^i\i 4 ., -1, • • \(\ ;j 1' t 38« ] fuch as the payment of the falaries of the go^ vcrnours and judges, and (hcrifFs or provoft- marnials, and coroners, and other officers of juflice and civil government in the fame, fo as to Icffen the taxes which it might he neccfiary for the governours, councils, and aflcinblies of the faid provinces, rcfpedtively, to lay on the inhabitants of the fame for the fr.iii purpofe. And, when this was done, inflead ci having; a perfon reikient in England appointed to be the receiver of all the king's quit-rents in America, (as has hitherto been the pradlice,) a feparate receiver and colle(ftor of the h\d quit-rents and other royal dues, (liould be appointed in every feparate province, either by the king's majcfty, or the govcrnour of the faid province, who Ihould hold his faid office only during his refi- dence in the faid province. But, as it is indil- putably his Majefty*s prerogative to fettle the proper falaries and rewards of the officers of civil government in all the dominions of the Crown, the portions of the amount of thcfe quit-rents in every province that fhould be alligned to the governour and judges and other publick officers in the fame, fhould be fuch as his Majefty, in his royal wifdom, fliould think fit to appoint. /nd r 383 ] ' And it (hould be provided further, That no govcrnour, judge, or other olHccr of the civil government of any of the faid provinces in which fuch quit- rents fhouid be paid, (hould receive any part of the falaries arifing from thcfe quit-rents, or other royal dues, during the time of his abfence from the faid province, or (after his return to the province) in con- fidcration of his having lield the faid office during fuch abfence ; but that fo much of his faid fatary (arifing from the faid quit-rents and other royal dues,) as would have accrued to him in the faid fpace of time, if he had redded during the fame in the faid province, (hall be deemed to be forfeited by his faid abfence, and ihAll make a part of the publick treafure of the province, and be diipofcd of by the joint adt cf the governour, council, and aflcmbly of the faid province. By means of this proviiion it would become difficult to convert the offices of governour, diief juftice, and the like, into finecqre places for perfbns redding in England, while the duty of them fhouid be executed by lieutenant-go* vernours, or puifney judges, or other deputes or ■1 -iiRj i ( , i i [ 384 ] or (libftitutes j as was the cafe a few years ago with the office of governour of Virginia, after the inhabitants of that province had, in their general aflembly, granted a handfome perma- nent falary of ^^'3 000 fterling a year fgr the fupport of it, and as is now the cafe with the offices of governour of the ifland of Guernfey and of governour of the ifland of Jerfey on the coaft of Normandy, much to the dilTatisfadlion of the poor people of thofe iflands, who have no means of getting this matter redrefTed. And yet, you will obferve, this provifion would leave a pofli- bility of a governour's, or other civil officer's, being abfent from the province, during a rea« ibnable time, for fome jud and urgent reafon, without lofing this portion of his falary ; becaufe it would be in the power of the affembly to make him a grant of the faid portion of his falary after his return to the province by con- curring in a joint adt for that purpofe with the governour and council of the province. The receiver of thefe quit-rents Should not be removed from his faid office at the pleafure of the governour alone, but only by the go« vernour and council of the province conjointly, by rs ago , after L their >erma- pr the th the fey and :oaft of of the I means et, you apofli- >fficer*s, I a rea- reafon, becaufe nbly to of his Dy con- vith the >uld not pleafure the go^ njointly. [ 385 1 by the concurrence of a majority of the whole council (the abfent members, included) with the governour, in fuch a motion, or by the order of the king himfelf in his privy council. ; And, to prevent any objedion that might be made to this appro[5riation of the quit- rents of America to the publick ufes of the feveral pro- vinces in which they are paid refpedlively, which might arife from the conlideration of its cauling a diminution of his Majefty's reve- nue, I fliould be glad to fee the whole fifteen thoufand pounds per annum, to which they are faid to have amounted, or the whole fum, (whatever it be,) to which they did amount in any one year fince they have been eftabliflied, made good to his Majefty out of the revenue of Great-Britain. This would be a great con- ceflion from Great-Britain to the American colonies, but fuch as it would be very well worth her while to make for the fake of a re- conciliation with them. It would be a gift to ihem of le(s dian the annual intered of half a cnlUion of pounds (lerling, that is, in all pro- babiii^« of only one month's expence of the jppraacfatng mofl deftrudtive civil war. Ccc FRENCH- Th€ a; mount of the faid quit-rents ihould be made good to the king out of the I e venue of Great'Bri" tain. u -'ml I «;■::! Mi t 386 ] If > t ii' FRENCHMAN. (, v- f f i; I intirely approve this propofal, which, if not a matter of juftice with refpedt to the Ame- ricans, upon the fuppofition that thofe quit- rents were originally referved for the purpofe of maintaining the civil governments of the ieveral provinces in which they arife, (which feems probable) is, at leaft, a very prudent piece of generoiity, and is excellently well cal- culated to remove that jealous apprehenfion which you reprefented the Americans to be poflefled with, that the governing powers in Great-Britain were perfeiSlly indifferent to their welfare and fatisfadion, and difpofed to con- iider and treat them only as a fund for increaf- ing the revenue of the Crown and the means of gratifying its favourites with penfions or fine- cure employments. To remove this ugly fufpi- cion I take to be a matter of great importance in the prefent alarming crifis, and almofl as neceflary as to guard againfl mpre fubftgntial grievances. -.1 . ENG. ich, if ; Ame- b quit- 3urpofe of the (which prudent ^ell cal- henfion > to \k fwers in to their to con- increaf- e means ) or fine- ly fufpi- portance [mod as ibflgntial o ■: :U % -i :« w '■ • V * ENG. [ 387 1 ENGLISHMAN. Your remark is very juft, and agrees with of the ne- what was faid not long ago by that great mi- recoveHng nifler of ftate, the Earl of Chatham. He told '^^, 2°°*^ ' ^ will and the Houfe of Lords in a debate laft winter upon confidence the prefent ftate of America, that they muft ricans. ' not only repeal fome of the obnoxious ads of parliament which they had lately pafled againft the Americans, (and particularly the Bofton- charter aft and the Quebeck ad,) but they muft repeal the animqfity that fubfifts between the people of the two countries, which thofe ads ilid the other meafures of Great-Britain with refped to America had given rife to. This has generally been thought to be a very wife and true faying of that great man, and to have been exprefled with his ufuai happy energy of didion. And it is in purfuance of the whol- fome advice it contains, that I could wifli to fee the above conceflions made by the Britifli government to the Americans as a proof that they had repealed fome of their own animofity againft the Americans, and an inducement to the Americans to repeal fome of theirs againft Great- Britain. , Ccc 2 FRENCH- km ^liiif "PI' m m t 3^8 1 FRENCHMAN.' Of oAef J obferved that, befides the quit-rents due royal dues ' * inAmeiic-, to the king from the proprietors of land in befides the . . . /» ^- j% r ^l quit-rents. America, you juft now mentioned lome other royal dues there* Pray, what arc thofe other royal dues, which you would have to be given up by the Crown for the benefit of the provinces in which they arife ? Are there many of them, and of any confiderable value ? J M > .y. >/1'-.H ^?' r J '■\'\'"- ■ r ,:.Ja uA englishman, 1 believe there are very few, if any,"^ fuch 6ther royal dues, except the fifth part of the gold and filver which may be found in any mines there. And no fuch mines have hitherto been difcovered. But, a^ I am not fufficiently informed of all the royal rights in America, 1 added thofe words concerning other royal dues tberey in order to comprehend all fuch profits arifing in America, and efpecially in North- America, as may be found to belong to the king alone, fo as to be wholly at his Majefty*s difpofal, in contradiflindion to fuch revenues, arifing in the faid country, as may be already appropriated t 389 1 appropriated by the Britifh parliament, or by the aflemblies of the provinces in which they arife, to fomc publick ufes. For all profits of the former defcription, (or that are intirely at the king's difpofal) are, (in my edimation,) of the nature of quit-rents, and (hould be furren- dered up, as well as the quit- rents, to the pro* vinces in which they refpedlvely arife, to be there applied to publick ufes for ^the beneHt of the faid provinces. » And, indeed, it would be a confiderable im- provement of this propofal, if the four and an half per cent, duty upon fugars and other com- modities exported from feveral of the Weft- India idands, which is now paid to the Crown and difpofed of intirely at the pleafure of the Crown, were in like manner to be given up to the feveral idands in which it is paid, to be therein applied (as it was originally intended to be applied) to the maintenance of the civil go* vernments of the faid idands or to other publick ufes for the benefit of the fame. But this, though in itfelf a juft and proper meafure, does not feem to be necedary towards the prefent obje ENGLISHMAN. i' LA I am afraid I fhali not be able to give you all the fatisfadion you may defire upon this fub^edt, not being perfedly acquainted with it myfclf in all its circumftances. However, I will endeavour to give you all the information I have myfelf received upon it, and which is principally derived from an account which I have feen of a famous adion at law which has lately been decided by the court of King's Bench in England. This adion was brought con- cerning the payment of this duty of four and a half per cent, upon all dead commodities ex- r ^ r. . , ported t 391 1 ported from the newly-ceded French ifland of An attempt , - was made Grenada in the Weft-Indies, in which a ftrange in the year atiempt had been made in the year 1764 to impofe pof^Sis"' It on the inhabitants by means of the king's prero- ^"^y^" *® gative alone, without the interpofition of either of the coa- the Britifh parliament, or the aflembly of the niand of freeholders ot the ifland. This caufe is ufually ^^^^^ called the cafe of Campbell and llally from the king's pre- pames of the plaintiff and defendant in it. It ° was finally determined on the 28th of laft No- vember, 1774, by Lord Mansfield, the chief juftice of thd King's Bench in England, and Mr. Juftice Afton, Mr. Juftice Willes, and Mr. Juftice Aftiurft, the three other judges of that court, in favour of the pkintiff Campbell, who liad been illegally compelled to pajr this duty upon a certain quantity of fugar which he had .exported from Grenada. .,.-,.-.„ „ . - '. ; ;,, ^.,./ ... This duty In the courfe of this caufe it appeared that paid for the faid duty of four and a half per cent, had Jundrc^d been paid to the Crown for many years paft in^*^*" p^* the ifland of Barbadoes and in the Leeward ward Ca- Caribbec iflands, that is, in the iflands of Nevis, inands.ia Saint Chriftopher, Antigua, and Montferrat, by ^°gnJgQ£ virtue of afts of aflembly pafied in the faid grants .- J made of it AUandS by the af. femblies of thofe iflands. t! ■.„ * i > I . jflands fc^edlivelyj the occafions of pafling which were jis follows. !l h. [| AoMcoBM The mand of Barbadoes in the Weft-Indies of the Granting of had been granted away by letters patent under by thc*af- the great feal of England, (while it was yet B Tb'd °^^ uncultivated and unpeopled, except by its few .;^ ■ c. original inhabitants, the wild Caribbees,) by '^ king Charles I. in the peaceable part of his reign, (or before the great civil war in England,) to the earl of Carlifle of that time, to be held and enjoyed by him, the faid earl of Carlifle, and his heirs and ailigns for ever, of the king of England, and his heirs and fucceflbrs ; much in the fame manner as the country of Mary- land in North- America was granted by the fame king Charles in the year 1632 to the lord Balti- < more, and his heirs and afligns, and Penlyl- vania was granted by king Charles II. in the "r year 1682 to William Penn, the Quaker, and ' his heirs and afligns. And the faid earl of Carlifle was impowereds in t)ie faid royal grant, to uoder-grant parcels of land in the faid ifland toother perfons, to be holden by them and -' ' their heirs and afligns for ever, of the faid earl, bx$ heirs aad afligns ^ as was the cafe with the iaid t 393 J fald lord Baltimore and William Penn, who had the like power given them, in their re- fpedlive royal grants, to make under-grants of parcels of the land that had been granted to themfelves, to other perfons and their heirs, to be holden of themfelves. By virtue of this power of under-granting the lands of Barba- does, the faid earl of Carlifle did grant away divers parcels of land in that ifland to fuch per- fons as were willing to undertake the cultivation of them, referving to himfelf fuch rents and payments as he thought proper; of which a payment of forty pounds of cotton per head fecms to have been the moft important. But fome of thefe grants were afterwards loft ; and others of them were improperly exprefTed, through the ignorance of the perfons who were employed to draw them, fo as often to want legal and fufficient words to create eftatcs of inheritance to the grantees and their heiis : and others of them were never recorded in the publick records of the ifland, as they ought to have been : fo that the titles of the perfons who held lands in the faid iflands by virtue of thefe grants became, in the courfe of a few years, extreamly dubious. And other perfons, Ddd during I' '-*>, [ 394 ] during the confufcd times of the civil war, (which came on a few years after the making of this grant to the earl of Carlifle,) occupied and cultivated lands in the ifland without ever having had any grants of them at all from the earl of Carlifle, or his heirs, or afligns. This created a good deal of confufion and unealinefs on the ifland about the year 1660, or 1661, foon after king Charles II. had been reftorcd to the throne of his anceftors ; as a remedy to which the following courfe was taken. The king bought in, of the heirs of the faid earl of Carlifle, all the rights that had been granted to the faid earl in the faid ifland by the aforefaid patent ; and, being thus inverted with the pro- perty of the faid ifland, (fo as to be the imme- diate upper lord, of whom all the lands in it were holden,) as well as the right of governing it, he gave a commiflion under the great feal of England in the month of June in the year 1663, that is, about three years after his refto- ration, to Francis, lord Willoughby of Parham, to be captain-general and governour in chief of Barbadoes and of all the Caribbee iflands, with full power and authority to confirm, and dflTure to the inhabitants of the fame^ and their hdts [ 395 1 heirs for ever, all the lands and tenements, to which they had a reafonable claim from pol- feflion, or otherwife, under his Majefty's great feal appointed for Barbadoes and the reft of the Caribbee iflands, notwithlhnding the legal im- perfedion of their titles to them. It ri In purfuance of this power, granted to the faid lord Willoughby by his faid commiflion, that nobleman confulted with the council and aflembly of the ^aid ifland of Barbadoes, how to remedy the evils arifing from the prefent imperfed ftate of the titles of the inhabitants to their lands, and likewife from the tenures and fervices by which thofe lands were held : and it was agreed amongft them ; in the firft place, that all the lands of which they were then in quiet poffeflion, ftiould be holden by them for the future of the Crown, to them and their heirs for ever, in the fame manner as if they had had regular and proper grants, duly recorded in the proper offices, to fliew for them j and, in the fecond place, it was agreed that the aforefaid payment of forty pounds of cotton per head, (which had been found to be a heavy tax upon the firfl fettleis there,) Ddd 2 fliould (hould be abolifhed ; and that all other rents and payments which had been refer ved by the earl of Cariide, or under the authority of his patent, (hould alfo be aboHQied, and all arrears of them remitted to the inhabitants ; and that their lands Hiould for the future be holden of the Crown without any other rent than one car of Indian corn to be paid every year, for every parcel of land holden in thelhid idand, at Michaelmas, if then lawfully demanded *, and in the third place it was agreed, that a duty of four and a half per cent, {honui be paid to the king, and his heirs and lucccfTors for ever, upon all dead commodities of the growth and produce of the faid ifland of Barbadoes that (hould be fliipped off the fame. And thefe refolutions were drawn up into the form of an ad of affembly of the ifland of Bar- badoes, and paffed by the faid lord Willoughby, the governour, and the council and affembly of the faid ifland in the month of September, 1 663. even The claufe The claufe in this ad of affembly which grants ''f \he af- ^^® aforefaid duty of four and a half per cent, fembiy of upon all dead commodities fliipped off from the Barbadoes * *^* •/! j by which llland^ this duty of four and'a half per cent, was granted to the Crown. [ 397 1 illand, is in thcfe words. " Andy forafmueh at nothing conduceth more to the peace and profperity of any place, and the proteSlion of every Jingle perjon therein, than that the puhlick revenue thereof may be in fome meafure proportioned ta the publick charges and expcnces ; and aljb well weighing the great charges that there muft be of necejjiiy in the maintaining the honour and dignity of his Majeflys authority here j the publick meet' ing of the Jeffions j the often attendance of the council', the reparation of the forts ', the building a feffions houfe and a prifon j and all other publick charges incumbent on the government : WE DO^ in confideration thereof, GIVE and GRANT unto his Majefiy, his heirs and fuccefjors^ for ever, and do mofl humbly defire your Excellency to accept thefe our grants : And we humbly pray your Excellency that it may be enabled : AND BE IT ENACTED, by his Excellency, Francis, Lord Willoughby, of Parham, captain general and chief governour of this ifland of Barbadoei and all other the Caribbee ijlands, and by and with the confent cf the council and the gentlemen of the ajfembly, reprefentatives of this iflandy and by authority of the fame. That an impoft, or cufiom, be, from and after the publication hereof^ h'\ \k ! . rai Ci of tlic manner of palRng bills for grant- ing money to the crown both in Barba. does and in Great- Britain. [ 398 ] raifed upon th native commodities of this ijland, after the proportions and in manner and form as is hereafter fet down and appointed^ that is to fay, upon all dead commodities of the growth or produce of this ijland, that fiall be JJoipped off the fame, fJjall be paid to our Sovereign Lord the King, his heirs aijd fucceffors for ever, four and a half in fpccie for every five fcoreT By this ckufe you may obferve the form of adts of afTembly for impofing taxes on the people of this ifland to be the fame as, in the former part of our converfation, 1 informed you was ufed for the fame purpofe in the Britifh par- liament, to wit, that of a gift and grant made to the king from the reprefentatives of the people, in behalf of the people, and confented to by the council of the province, and accepted by the governour in behalf of the king, and afterwards enacted as a law, or ordained by words of an imperative and legiflative import, by the joint authority of the faid governour, council, and aflembly, in confequence of fuch previous grant of the aflembly, confent of the council, and acceptance of the governour. This is not an infignificant piece of form : for • It it fl] of tl Barb the p afltin: not 1 govei tion i That the p the i\ pofin^ or wi them and n for ar itfelf, dom, to the confer furthe pared Lords theLc not ev leflen. land, m as is to ith or ^d off "d the \r and m of people ormer Li was h par- made )f the fented cepted and ,ed by port, rnour, .f fuch of the jrnour. for • It the people of Great-Britain claims and exercifes ta"^hdr the fsj't^e right of originating all bills for im- n^g'^ [ 399 ] it (hews that all taxes are, by the conftitution of the Britifh government in that ifland of Barbadoes, to be confidered as the free gifts of the people, and are therefore to begin in the affembly of their reprefentatives, and ought not to be firft propofed to them either by die governour or the council. The fame obferva- tion is true of the Britifli Houfe of Commons. That great alTembly of the reprefentatives of Such bin* ought xo take thdi rife in the Houfe of pofing new taxes on the fubjedts of the Crown, Coaunoiu. or whereby any money can be drawn from them in any collateral way, however indireifl; and makes it a conftant rule to rejedl every bill for any fiich purpofe, (however reafonable in itfelf, or expedient to the welfare of the king- dom, it may happen to be,) that is fent down to them from the Houfe of Lords for their confent. Nay, they carry this privilege fliil further. For, when they have themfelves pre- pared a tax-bill, and fent it to the Houfe of Lords for their confent, they will not permit the Lords to make the fmalleft alteration in it, not even though the alteration ihould tend to leifen, inftead of adding to, the propofed Ux, Slot t 400 } nor even though it (hould no way afFed the tajf, but be merely a change in fome of the lefs material words of the bill : and, if the Lords attempt to make any alteration in a bill of this kind, it is fure to be rejedted by the Commons when it is fent down to them by the Lords for their confent to the alteration. So that the Houfe of Lords can no farther interfere with TWs rute refpedt to the pafling of tax-bills than (imply ^ed*' to confent to them or to rejedl them. Such ^^tht ^^ '^^ jealoufy of the Houfe of CommfOf^ with oiebeck- refpedl to this important privilege. And yet, moft ftrange as it muft feem, it is neverthelefs true that in the cafe of the Quebeck-bill they departed from this moft facred rule. So great was the infatuation that prevailed at the time of pafiing that obnoxious ad ! . FRENCHMAN. That is indeed a ftrange event. I (hould have thought that the Britifh Houfe of Com- mons would never have given up (b favourite and important a privilege, even for the fake of the moft beneficial adl that could be propofed 16 them, and much lefs for an adt of fo dan-^ terous, or, (to fay the beft of it,) of fo doubt- ful ful a tendency as the Qnebeck-a6l. I beg you would therefore inform me in what manner this privilege of the Houfe of Commons was given up, or departed from, in the paffing of that unhappy slO:, ENGLISHMAN. It was in truth departed from, but not formally given up : for the majority in the Houfe of Com- mons pretended that it was not affed:ed by the Quebeck-bill, tho* no tolerable anfwer was ever given to the objections made to the bill upon this ground byMr.Charles Fox, which were ftatedand urged by him with all that clearnefs and ftrength of reafoning for which he is fo eminently di- ftinguiflied. The whole proceeding was as follows. The Qnebeck-bill (for what reafon, I never could learn,) was begun in the Houfe of Lords, where it is faid tu have been oppofed by only a few of the temporal lords, but not at all by the bifhops, notwithftanding it efta- blifhed popery throughout the province of Que- beck, by giving the priefts a legal right to their tythcs, and at the fame time extended the pro- vince to fo great a degree as to comprehend more than half the king's dominions in America, E e e throu2;hout The Que- beck-bill begun in the Houfe of Lords. It pafled that houfe without any oppo- Hcion froni thsbifliops, noCM'ich- ftandincr it edabliihed popery throughout half Ame« rica. t >t ■Iff ■% ' i [ 402 1 throughout all which extent of country, (hitherto, indeed, uncultivated and unpeopled, but very rich and fertile and likely hereafter to become exceed- ing populous)thepopi{h religion was confequently to become gradually eftablifhed. When it had pafTed the Houfe of Lords, it was fent down Itmetwith ^q the Commons for their confent. In that bie oppofi- houfe it met with a different treatment. Many HoufeoV ^ very ftrong objedions were very ftrongly urged Commons, againft it by fevcral gentlemen of great abilities. A tolera- Some of thofe gentlemen objeded to the ejic:-^ no"an"efta- hUJhment of popcry by it, when all that was H**,"^^'* necefTary to be done, cither for the performance of the Ro- -^ ^ ... mau Ca- of the capitulation with Sir Jeffery Amherft in mode of September, 1760, or of the treaty of peace in diymewor- Pebruary, 1763, was to tolerate it, or (in the promifed words of the capitulation itfelf,) to permit the nadians by fr^^ excrcljc of the CathoUck^ Apoftolick^ and latlo? m"' ^^^^^^ religion to fuhjijl intire^ fo that^ all ranks September, (ind conditions of feopk in the towns and conn" the treaty tries, placeSy and dijiant pojisy might continue to Feb^ua^yr ^P^^^^ ^^^ ^^^ cburches and to Jrequent the Ja- "763 cramentSy as heretofore , without being molejled in any manner, dire^ly or indireBly, or, in the words of the 4th article of the treaty of peace, (in which this province is ceded to the crown of ■"V [ 403 ] of Great-Britain,) to permit his Majeftys new Roman-Catholick fubjeSls to profefs the wor/hip of their religion according to the rites of the "Romifh churchy as far as the laws of Greats Britain would permit, . -i v - - - "• Now, to (hew that neither of thefe ftipula- tions had the lead view to any thing more than a mere toleration of the Roman-Catholick mode of divine wor(hip, will make a remark or two on each of them. As to the foregoing Of the ca- words of the capitulation, they are ias clear fn'"^"©.'* and determinate as words can well be, for the purpofe of exprefling a mere toleration of the modes of divine worfliip prefcribed by the Roman-Catholick religion, or an exemption from the EnglKh penal laws, which reftrain Roman-Catholick priefts from faying mafs and '^>' • '•' "' performing the other offices of their religion, ! . .* and Roman-Catholick laymen from aflembling together to hear mafs and receive the facraments •f the Church of Rome, and which, (it vya$ apprehended by the Marquis de Vaudreiiil, the French general and governour of Canada, who demanded this capitulation of general Amherft,) might have been introduced, amongft the other E ee 2 laws .IJl !• f» . . il i,.l< I i '•ikBil!^! u\] iM m [ 404 1 laws of England, into this province upon its furrender to the Biltifh arms, if no fuch article had been inferred in the capitulation to protcdt the Canadians againll them. Nor do I think it is eafy to make a more cxadt and proper definition of the word toleration than is con- tained in thofe words, to wit, that all ranks of people might ajfemble in the churches and frequent the facramentSy without any molejiation wbai/o^ ever. But they certainly have not the leaft allufion to a continuance of the compulfive, or legal, obligation on the laymen of Canada to pay the priefts their tythes and other dues, or, in other words, to the ejlablijjjmenf of the Ro- man-Catholick religion. Not but that the Marquis de Vaudreiiil was defirous of obtain- ing even a continuance of the eftablifhment of that religion. But he made it the fubjedt of a diftindl demand, which was expreffed in thefe words, " And that the people Jljould be obliged^ demanded fjy ff^g EngUJh government ^ to pay to the priefts trench ge- the tythes and all the taxes they were ufed to pay refufe'd by Under the government of his Mojl Chriliian Ma- general igfly »• vvhich come immediately after the words Amherit. ^ ^ -^ ' ^ -r* i • above recited. But this demand was as diQindlly rejeded by the wife and cautious Englilh gene- ral, The efta- blilhment ot the i^o« piih reli- gion was [ 405 I ral, Sir JefFery Amherft, who anfwcrcd this and the former demand of a toleration in thefc words 5 " Grcntcd^ as to the free exercife of their religion. The obligation of paying the tythes to the priejh will depend on the kings plea- Jure'* The latter part of this anfwer has been generally undcrdood in Canada (as you know dill better than I do,) as a declaration that the people of this province (hould not be obliged by the Englifh government to pay the priefts their tythes and other accuftomed dues, ufttil his Majefty's plealure (hould be declared upon the fubjedl j or, in other words, as a fufpenfion of the legal, or compulfive, right of the priefts to demand the faid tythes and dues, until fuch declaration of his Majefty's pleafure^ which royal pleafure was never declared in favour of the payment of the tythes until his Majefty gave his afTcnt to this Quebeck-adl: : info^ much that, in the whole fpace of eleven years, that elapfed between the eftabliftiment of the civil government of this province in 1764 and. the firft of laft May, when the faid Que- beck-a(fl begun to take place, the priefts of this province have never prefumed to fue for their tythes in any of the higher courts of juftice. m^ i»|| 'i'.'. [ 4o6 J juftice. I fay, in any of the higher courts of judicej becaufe I have been told that fome fuits for tythes have been entertained by a juftice of the peace, or two, in the diftrid of Montreal, though the like fuits have been difalfowed be- fore other juftices of the peace in the diftri(ft of Qucbeck. But the civil proceedings before the juftices of the peace in this province have been too irregular to defervc any attention. r ; ; It is plain therefore that the capitulation of September, 1760, gives the Canadians no fort of claim to any thing more than a toleration of the modes of divine worfhip prefcribed by the Roman-Catholick religion. - • II Bl Of the to. ul leration of S 1 theworlhip HI of the Ro- n man-Ca. m tholick re- ^^K ^ ligion by II ? the treaty y i of peace in Hi February, I 1763. ■ M >l H ! 1 i*..* .t,^,..' I am now to examine the words of the treaty of peace, which are, " that his Majefty promifes to permit his new ^Roman-CathoIick Jubje£is to projejs the worJJ^ip of their religion according to the riles of the Romijlo Churchy as far as the laws of Great-Britain will permit,'^ Now, if thefe latter words, which refer to the laws of England, and which feem to be a limitation of the former, were omitted, this article would only amount to a toleration of the Roman- Catholick t 407 1 Catholick modes of divine worfliip In the pro- vince. For what elfe can be the meaning of a permijfion to projefs the worfiip of their reli^ gion according to the rites of the Romifi QmrchF Nothing, furely, that has the leaft tendency to an ejlablijhment of the Romifli religion, or an engagement to ufe the authority of government to compel the people to pay the priefts their tythes, or other dues, as a reward for teaching that religion, can be inferred from hence, if the words are to be underflood according to their known and ufual (ignification. But, if we confider thofe other words, which refer to the laws of England, as not mere idle words that are totally deftitute oi meaning, but as having fome reafonable fi>^nilication, we fliali find that it is ftill more difficult, (if at all pof- fible to themoft prejudiced per fon,) to conceive that this article of the treaty of peace was meaqt for the eftablifhment of popery. For, though it might be uncandid and unreafbnable on this occafion to interpret the words of reference to the laws of England, to wit, " fo far m the laws of Great-Britain will permit," as if they referred to thofe penal Jaws of England which prdiibit the hearing and faying xnafs in Eng- ' Jand^ Of the fc- ference therein inadetoilbe Jaws of England* This does xioc relate tothepcnii laws of England againii iiearing and fa^'iflg jnali. if"^ ^um -mm 1; But to the great fta- tutc of the ifi of queen Elizabeth, for eila- bliHiingthe fupremacy of the Crown, and abo- lifhing the pope's, and all other fo< jeignjurif- dktion in fpiritual jnatters. [ 408 ] Imdj (becaufe fuch an interpretation of them would take away the toleration of the Roman- Catholick mode of divine worQiip, which it was the intention of this claufe of the treaty of peace to fecurc to the Canadians ;) yet we muft, at lead, underf1;and thefe words to refer to the great flatute, of the firft year of the reign of queen Elizabeth, for eftablifhing the fupremacy of the crown of England in all fpiritual and ecclefiadical matters, and aboti(hing the pre- tended authority of the pope, or bi(hop of Rome, and all other foreign jurifdidion whaffoever, throughout all the dominions of the Crown, For this ftatute exprefsly declares that the faid foreign jurifdidlion fhall be for ever excluded not only from England and Wales, and the other dominions then belonging to the Crown, but likewife from all the- dominions that here- after Jhould belong to it. This therefore feems to be a grand, fundamental, flatute, that was intended to relate to all the dependant domi- nions of the Crown, as well as to the kingdom of England itfelf^ and to all the future acquifi- tiohs of the Crown, as well as to the territories that were at that time fubjed to it. If therefore thofe words of the treaty of peace, which refer to mu the pro to ij to t fons the( nifle bene prem or qu the C autho all oti ritual chang firft y< queen to the protefl abjure foreign not thi 2ny pc; iupremi [iiacy and [ 409 ] to the pcrmiflion of the laws of England, are to be fuppofed to have any meaning at all, they muft refer to this important ftatute j which muft therefore be conlidercd as being of force in this province. And, indeed, this ftatute is referred to in the Qaebeck-adl itfelf, as having a relation to this province. Now by this ftatute all per- fons who held places of truft and profit under the Crown, and all bifhops and priefts, or mi- nifters of religion, who held any ecclefiaftical benefices, were obliged to take the oath of fu- premacy, that is, an oath declaring the king, or queen, of England to be the fupream head of the Church of England, and abjuring the authority of the pope, or bifhop of Rome, and all other foreign jurifdidion whatfoever in fpi- ritual matters. This oath was afterwards changed for another by a llatute paflcd in the firft year of the reign of king William and queen Mary, out of regard (as it fliould feem,) to the fcruples of feme pious and well-meaning proteftants, who (though willing enough to abjure the authority of the pope, and all other foreign jurifdidion, in fpiritual matters) yet did not think it right to acknowledge the king, or any perlbn but Jefus Chrift himfelf, to be the fupreme head of the Church, in compliance F i f with « 'n Thisflatute is acknow- ledged in the Que- beck-aiit itfelf to have a re- lation to the pro- vince of Quebeck. By this fta- tute no priell could hold a be- neficewith- out taking; the oatii of fjpremacy. This oath was after- wards changed into an oath of abju ra- tion of the pope's au- ihonty. '1' ,"; Therefore, after the treaty of peace in 17 3, no {)rietUoulJ cgallyhuld a benefice without taking the oath of ab> juration of the pope's authority. [ 410 1 with thcfe pcrfons, a new oath was prcfcribcd to be taken, which contained all the words of abjuration of the pope's authority and all other foreign jurifdidtion, which had been in the former oath, but was without the pofitive words in the former oath which dccla^;ed the king, or queen, of England to be the fupream head of the Church. And this new oath was diredled to be taken by all thofe perfons who would otherwife have been obliged, by the fta- tute of queen Elizabeth, to take the former oath. This new oath may be properly called the oath of abjuration of the pope*s authority. It follows therefore that, after the faid treaty of peace, no prieft could become legally pof- fefled of an eccleliaftical benefice in this pro- vince, fo as to have a legal right to the ufe of his parfonage-houfe and to the glebe-land thereto belonging, and to be legally intitled to demand his tythes and other dues of his parifliioners, without taking this oath of abjuration of the pope's authority : and this, it is well known, is what none of the Roman-Catholick priefts in this province have done, or can do while they continue Roman-Catholicks, the faid oath being a renunciation of the mod eifential article of [ 4" ] of their religion, and that from which the very name of it is derived, the fuprcmacy of the bifliop of Rome over all other bilhops. Con- fequently none of the Rumirti pricfts in this province could, after the treaty of peace in 1763, have a legal right l. demand their tythes of their parifhioners. ' f t may even add, that this would have been the cafe, even if the king had, in the year 1761 , or in any other part of the interval of time be- tween the capitulation in Sept'. 1760, and the treaty of peace in Feb. 1763, declared it to be his pleafurc, that the Englifh government (hould compel the people of Canada to pay to the priefts their tythes and other former dues, in purfuance of the power of making fuch a declaration, which had been referved to his Majefty by general Amherft. For, as the capitulation was only a temporary provifion, calculated to afcer- tain the condition of the Canadians during the interval of time that fliould elapfe between the furrender of the country to the Britifli arms and the definitive treaty of peace between the two crowns, by which it would be either re- ftored to the French king or finally ceded to Fff 2 . the This would have hrxn thu cife even if the king had, in the inter- val of tinoo between the capitu- lation and the treaty of peace, obliged the Canadian:* to pay the priclls their tythes. i- i !i i.\i|;i [ 412 J the crown of Great-Britain, it would have been fuperfeded by that more important inftrument, the treaty of peace, which was made by the two kings themfelves, and with an exprefs de- fign to fix the permanent future condition of the inhabitants of the country ceded to Great- Britain, fo far as the crown of France thought fit to interfere in their behalf. And, conle- quently, all the flipulations of the capitulation, together with the king's fubfequent declaration concerning one of them, would have become null and void of courfe at the conclufion of the treaty of peace, unlefs they had been particu- larly recited and ratified in it; and all matters relative to the condition of the Canadians in points not provided for and fettled by the treaty of peace, (which was the permanent and de- finitive agreement between the two crowns upon the fubjed,) would have been open to be fettled according to the difcretion of the new legiflature (whether that legillature were the king of Great-Britain alone, or the king and parliament conjointly,) to which Canada was then become fubjedl. And, if this would be true of all the flipulations of the capitulation that were not exprefsly confirmed by the treaty of [ 4>3 J of peace, it muft, a fortiori, be true of fuch of them as were contrary to the articles of that treaty ; which would have been the cafe with the flipulation concerning the payment of tythes to the prieils, if the king had declared his plea- fure in favour of fuch payment, becaufe fuch a provifion for the payment of the tythes to the Romifli priefts would have been contrary to the ftatute of the ift of Elizabeth, which was the law of England referred to by the treaty of peace. Bui this is going into an unneceflary train of reafoning, becaufe the king never did declare it to be his pleafure that the Englirti government (hould compel the people of Canada to pay the priefts their tythes, till he gave his aiflent to the Quebeck-bill. - • v. -r; In (hort, the French general in the capitula- tion afked firft for a toleration of the Roman- Catholick religion, and fecondly for an efta- bliftiment of it by giving the priefts a legal right to their tythes. And the Englifti general. Sir Jeffery Amherft, granted the firft requeft, and refufed the fecond, but referved to the king a power of granting it, which the king did not make ufe of. And in the treaty of peace no eftabliftiment A ffiort view of the obligations of the Bri- tilh nation to tolerate theRoman* Catholiclc religion, a- riiing from the capitu- lation and the treaty of peace. M >M m!^'. "mi'' fl'i iV li.-M'i BIf- mi m i m.. m [ 4H 1 cftablifliment of the Roman-Catholick religion is hinted at ; but mention is made only of a toleration of it, or a permiflion to exercife the worfhip of it ; and this is agreed to by the king of Great-Britain, but with a reference to tho laws of England as the meafure of it; and thefe words, the laws of Efigland^ muft, in the moft gentle and moderate interpretation of them, at lead include the great ftatule of Eli- zabeth for abolifliing the pope's jurifdidion throughout all the dominions of the Crown, which ftatute permits no prieft to hold an cccleHadical benefice and have a legal right to tythes without abjuring the pope^s authority. Surely, then, nothing can be plainer than that neither of thefe inftruments gives the Roman- Catholick priefts of Canada the lead fhadow of a legal right to demand the tythes of their parifhioners : nor was the Britifli nation in the fmalleft degree bound by any ties of national honour and publick faith (as fome people have pretended,) to give the priefts of this province fuch a legal right, in order to the full and fair performance of either the letter or the fpirit of either of thofe inftruments. An ample tolera- tion of the exercife of the worfhip of the Romilh Me digrefl and w doubt tofue the caj the lat indeed I 415 ] Romifli religion was all that was neceflary to fatisfy the claims founded on thofe inflruments: and it was all that the body of the Canadian people themfelves defired; they being rather pleafed than difpleafed, (as you fome time ago obferved to me,) with the fufpenfion of the obligation, which they had formerly lain un- der, to pay their priefts their tythes. And fuch a toleration, (even the nioft ample that imagination can conceive, and fuch an one as ftrangers were apt to miftake for an eftablifh- ment,) they have actually enjoyed, without the fmalleft interruption, ever lince the capitulation in 176c, to the firft day of the month of May laft pad, to their own great aftonifhment and fatisfadtion. leration of the Romifli religion, without a revival of the legal obligatioa on the peo- ple to pajr the priefts theirtythes, was all chat was necef- fary for eke fatis&dio» oftheCa. nadians. FRENCHMAN. Methinks you have made rather a tedious digreffion to prove what was extreamly plain, and what I (hould have fuppofed no body could doubt of, " that our priefts had no legal right to f'je for their tythes in the interval between the capitulation in 1760 and the operation of the late Quebeck-adt." It would be ftrange indeed if they fhould ground fuch a right on the : y- [ 4i6 ] the capitulation, when general Amherft had exprefsly refufed to grant it. And, as to the treaty of peace, it only fpeaks of a toleration, or permiflion to exercife the worfhip of our religion, even if we intirely omit thofe odd words of general reference to the laws of England, which certainly do not enlarge the indulgence. So that it is the idled thing in the world to pretend to ground a legal right of the priefts of Canada to their tythes upon either of thefe inftruments. I beg you would there- fore refume your account of the debate in the Houfe of Commons upon the Quebeck-bill, and Mr. Fox's objections to it upon the ground of the favourite privilege claimed by the Houfe of Commons to originate all money-bills. An account of Mr. Charles Fox's ob- jedlon to the Que- beck-bill, grounded on the pri* vilege of the Houfe of Corn- irons to originate all money- bills. ENGLISHMAN. The digreflion I have made (though, I con- fefs, it has been tedious,) is not wholly without its ufe with refpedl to the fubjecl you are now inquiring after. For, if the Roman-Catholick priefts of this province had no legal right to their tythes in the interval between the capitulation of 1760 and the Quebeck-adt, that a(ft, which re-eftabliihed their antient right to them^ was undoubtedly [ 41? ] undoubtedly a money-adl : for it compelled his Majefty's Canadian fubjecfts, that profefTed the Roman-Catholick religion, to pay to the priefts of their refpedive parifhes every 26thbu(helof the corn that grew upon their lands, by way of tythes, together with certain other taxes, (fome of which, I prefume, were in money,) which tythes and taxes they were not liable to pay them before the pafling of the faid adt. Now you muft obferve that corn, or any other com- modity worth money, which is ordered to be paid by publick authority, is, in the eftimation of the Houfe of Commons, as much a tax as money, and as much the objedt of this privi- lege. Confequently this Quebeck-bill was mod clearly a tax-bill, or money-bill, and of a very heavy kind. And therefore, according to this Mr. Fox's privilege of the Houfe of Commons, it ought to have begun in that houfe, and not, as in fadt • ^1 ..• Ui it had done, in the Houfe of Lords. Now this was Mr. Fox's objedion to it. " The privilege ' ' :, ** of this houfe," faid he, ** to which it owes ; ** all its importance, is invaded by the Lords. ^.7^ '* They have originated and fent us down a " money-bill. This alone is fiifficient to make " it our duty to rejcdl it, without troubling • , Ggg " ourfeltes .". ■ '!® ^ i::'*J, It'* I The daufe in the Que- beck ad relating to the profef- llon of the Roman- Catholick religion. Thebranch which re- vives the legal obli- gation on the Roman Catholick inhabitants of Canada to pay the pticdii their tythes. cc (C ' >'!:'■[ [ 422 ] intervention of the French king's Icgiflati\re power, he was intirely miftaken. For they were impofed by an cdidt of Lewis XIV, in the year 1663, at the rate of the thirteenth fheaf of corn 5 before which edidt no tythes at all were paid by the land-holders of Canada : and afterwards this tythe'was reduced from the thirteenth flieaf of corn to the twenty-fixth bufliel of corn, (ready threflied out for the ufe of theprieft,) by a temporary ordinance ot the fuperiour council of Quebeck made in the* year 1667, which was afterwards confirmed and made perpetual by a royal edi(fl of Lewis XIV, in the year 1 679. So that nothing can be more certain than that tythes were a publick tax in Canada, impofed by the legiflative power of the king of France; whatever may be the ground on which they may have been fuppofed to have been paid in other countries. Therefore this anfwer to Mr. Fox*s objedion was founded on a faife fuppofition, as well as the former. And the like capital defedts were to be found, as I have been afTured, in all the other vain attempts to anfwer him. But, as he is a perfon of great quicknefs of parts and ingenuity as well as a very clear head and powerful talent for [ 423 ] for reafonlng, he quickly altered the (hape of his obje^ion, and formed it in fuch a manner that; — though it had been true (as his adver- faries alledged in anfwer to him,) that the Ro- mi(h prieds of this province had already had a legal right to the tythes without the help of the Quebeck-bill ; and, though the confirming a tax already in being ^ould not hava been enough to make the bill, in which fuch con- firmation was contained, be confidered as a tax- bill, or money-bill ;— yet ftill the faid Que- beck-bill ought to have been confidered as a tax-bill on account of another branch of the claufe above-recited, namely, that which pro- vides that the priefls fhall have a legal right to their tythes from only their Roman-Catholick pari(hioners. " For this," faid he, " is an ex- emption of his Majeily's proteftant fubjeds in that province from the payment of tythes, " which, as the friends of this bill affirm, were legally due to their refpedive parifh- priefts. For fuch was the law of the country in the time of the French government. Ail *' the land-holders in every parifh, proteflanrs, " (if there were any,) as well as papifts, wer-e obliged to pay the pried his tythes. If there* . . " fcro << a <£ « ^ ft. cc %"-> •! .:i' cc .■ ' - i 1 ■ , cc » ■ 1 , «( cc €t €C , cc cc CC (( (C cc f 4U ]■ . {6te there has been no change made in the law upon this fubjedl by the capitulation and treaty of peace and the fubfcqucnt introduc- tion of the Englifh laws and government, as is now pretended, the protectants in Canada muft at this time be under a legal obligation to pay the priefts their tythes : and from this kgat obligation the provifion in this bill which I have juft now mentioned, and which is cxprefled in thefe words, *" wifb reJpeB to fudh perfons only as Jhall profefs the faid reli^ gion^'* is intended to exempt them. If therefore this bill is not intended, by this clatifc about the tythes, to impofe a new tax on his Majefty's Roman-CathoHck fubjedls in Ganada, but only to confirm and continue art old one, that is already legally eftablifhed, as the patrons of it contend, it muft, at leaft, be allowed that it is intended to exempt his Majefty's proteftant fubjeds in that province from the payment of the faid old tax, to which they are as yet legally liable. Now a bill to take off a tax is as much a money-bill^ m the confideration of this houfe, as a bill to lay one oru and, according to our invariable practice upon thefe occafions, as much within « the cr « cc << «< . : ' :; ■■ ENGLISHMAN. ' Truly, (from all that I could ever learn,) nothing at all, except, perhaps, a bold repetition of the former ftrange aflertion that the tythes in Canada were not a tax. But they had recourfe to that favourite and powerful argument of the majorities in all afTemblies, by which, upon, occafion, two and two may be declared to be equal to five, (though they never can be made fo,) the argument of numbecs : they voted that the Quebeck-bill was not a money-bill,, and confequently not within the privilege of the e^ I red houfe beforc-defcribed. And.fo the merits of iiottobea the bill were entered upon, and, after (bme till, amendments made in it, it was fent back to the Houfe of Lords, and there pafiled with the amendments, and foon after received the royal aflent. FRENCHMAN. A remark Xhis account gives me great uneafinefs. For it fhews how extremely defirous the minifters of ftate in England were of getting this unhappy bill Mr. Fox's objections were over- ruled, and the Que- bsck-faill [ 427 i bill 'pafled, fmce they would thus let this im- portant privilege of the Houfe of Commons be endangered and wounded by means of it, rather than put it off to another feffion of parliament. I fee plainly that they muft have been extreamly ianguine in their hopes that our priefts, (when they had thus been bribed into their fervice by a reftoration of their legal right to their tythes,) would have been wonderfully zealous and fuc- cefsful in their endeavours to preach up, amongft us poor Canadians, the duty and merit of a crufade againft our prelbyterian neighbours of Bofton. But I believe that by this time, or in a very (hort time hence, they will perceive the errour they have been led into, and will find that their favourite adl (however agreeable it may be to our priefts and fome of our noblefle,) has diigufted the bulk of the Canadian people, and made them more averfe than ever to engage in fo odious a fervice. However, we will now, if you pleafe, have done with this melancholy fubjed, and return to the confideration of the four and a half per cent, duty, that, you faid, was paid to the Crown on dead commodities exported from fome of the Weft-India illands. i-r::.- .1 ; Hhh z ENG' V, «;.r •Vvi / » •>«. ..Ij t 428 1 ENGLISHMAN. The 44: per cent, duty in Barba- does was granted by the afTem- blyofthat ifland for thepurpofe of main- taining the king's au- thority in that iiland. With all my heart. But you will remember that our long digreffion concerning Mr. Fox's objedions to the Quebeck-bill was in confe- quence of your own requeft. However, we will now return back to the adt of the aflembly of the ifland of Barbadoes, by which the faid four and a half per cent, duty was granted to the Crown. For that, I think, was the fubjedt of our converfatipn when this long digreffion begun. Now you may obferve that in the preamble to this grant it is ftated " that nothing conduceth more to the peace andprqfperity of any place, and the prote&ion of every Jingle per/on therein, than that the publick revenue may be in fome meafure, proportioned to the publick charges and expences 5 and that the ajfembly bad well weighed the great charges that there mufi be of necejjity in the main' taining the honour and dignity of the kings autho^ rity in the faid ifland \ the publick meeting of the fejjions', the often attendance of the council -, the reparation of the forts j the building a JefjionS' houfe and aprifon\ and all other publick charges incumbent on the government r^ And then, in " s- - - conlideration I 429 ] confideration thereof, they make the grant of the faid duty to the king, his heirs and fuccef- fors for ever. From this preamble it is evident ^ that this duty of four iwid a half per cent, was ! given to the Grown in th^ illand of Barbadoes, ' '' not to be difpofed 6f in any manner his Majefty ; , - ; (hould think proper, an^» in any part of his do^ ' ,' minions, (as, for example^ in penfions to perfons refiding in England,) but for the purpofe of maintaining the kings authority in that ijland of Barbadoes, and particularly to defray the expence of the publick meeting of the feflions, the fre- quent attendance of the council j the repairing of the forts, and the building a feflions houfe and prifon. An ^ >, therefore, only in cafe Therefore of an overplus ot ^he produce of this duty in not, L the faid iHand above what is abundantly fuffi- Pt?ce.*l cient to defray all thefe and the like expences be applied ,-, , , . , ,,, toanyother m the laid illand, that is, to maintain the whole pur->ui^ civil and military edablifhment in it, that the Crown is at liberty, (confidently with the in- tention of the granters of this duty,) to difpofe of any part of it out of the faid illand of Bar- badoes. And fuch an overplus, we may well believe, it never will afford. It would there- to be only a redoratlon of this duty to the purpofes m A propofal to appro* priate the laid duty, by adls of parliament and afTem- bly, to the purpofes for which it was origi. nally granted. ■X---;..- purpofes for which it was originally granted, if the Crown were to confent to fome aft of parliament, or ad of afTen^bly of the ifland of Barbadoes, or other fuffiaent ad of ftate, where- by this duty (hould be more ftridly appropri- ated to the maintenance of the civil government of that ifland, and, (|f it produced more than enough for that purpofe,) to the fupport of the military eftabliftiment in the fame ; fo that, in the firft place, all the falaries of the civil officers of the fame, namely, of the governour of the ifland, the lieutenant-governour, the judges, and provofl:-mar{hals or flierifFs, and coroners, and other officers of juftice, and of the receiver- general of the revenue, and the coUedor and comptroller of the cuftoms, and the naval offi- cer, and fearchers, and other officers of the cuftoms, fljould be paid out of it; and, Se- condly, that the publick buildings in which the council and aflembly of the ifland meet to tranfad the publick bufinefs, and the cour-ts of juftice, and the publick prifons in the ifland, {hould be kept in good repair out of it; and, thirdly, that all the forts and barracks for fol- diers on the ifland fhouid be repaired out of it ; and, laftly, (if it was more than fufficient for '"' 1 •■'• I aU [ 431 I all thefe purpofes,) that the churches in the illand (though the building and repairing of churches ufually belongs to the inhabitants of the parishes in which they are fituated,) fhould be repaired out of it, and particularly the church in which the aflembly of the ifland was ufed to attend divine fervice j and, in (hort, that no part of the produce of the faid duty {hould be fpent out of the faid illand. And, in order to prevent any future mifapplication of this money, it ihould be provided in the faid a';—> ENGLISHMAN. -•-'■ Grenada certainly is not liable to pay this duty, as was determined in that famous caufe of Campbell and Hall, which I mentioned to you ^j^^ ^^^^ fome time ago. But the iflands of Nevis, An- duty of 45^ tigua, St. Chriftophcr's and Mont-ferrat, (which p-idin the are called the Leeward Caribbee iflands,) are jfl^":^^^^ liable to it by virtue of adls of their aflemblies, tigua, St. (fimilar to that already mentioned of the ailembly pher's, and I i i of Montfer- * * * ^^ rat, b) vir- tue of grants of tKeir afTemblies, '1 t i i 1 ! ; ■>■ :'.V n .It' ■'{ ; ' h ii (If! :; ?* i'*« lim I :|9 I ' 'TlKin 1 ml ][ fMm , f f M . i^i ^Wkl i- I Of the rrant I 434 J of Barbadoes,); by which it has been granted in grant of it Perpetuity to the Crown. The adt of aflembly f hf *^ir ^^ ifland of Nevis, whereby this duty was the ifhind (o granted to the Crown, was pafTed in the reign of N«vi«. ^p j^^g Charles II. in the year 1 664, that is, four years after the reftoration, and one year after the a£l of ailembly paded for the fame purpofe in the ifland of Barbadoes. It dates much the fame fads concerning the uncertainty of the titles to land in the faid ifland of Nevis as had happened in the ifland of Barbadoes ; — that king Charles I. had granted the faid ifland of Nevis to the earl of Carlifte, to whom he had alfo granted the ifland of Barbadoes^ — that king Charles II. had bought in all the rights of the faid earl, and that he had appointed Francis, lord Willoughby, of Parham, governour of Barbadoes and the red of the Caribbee iflands, of which this of Nevis is one, with power to grant, confirm, and iifTure lands to the inhabi- tants of the fame, and their heirs for ever, under the king's feal appointed for Barbadoes and the refl of the Caribbee iflands, which at that time were all under the fame governour, though they had different afTemblies j— — and that, by virtue of the faid earl of Carlifle*s patent, divers go- ' " vernours C 435 J vernours and agents had been fent over to tha (aid illand of Nevis, with authority to make grants of land within the fame to fuch perfons as they (hould think fit ; and that they had, accordingly, made feveral fuch grants ^ — -and that feveral of the perfons, to whom fuch grants had been made from the earl of Carliile, had loft their grants, or warrants, or other evidenced for their lands i and that the grants of others had, by reafon of the ignorance of thofe times, been unfkilfuily drawn, and wanted fufEcient and lawful words to create eftates of inheritance to the grantees and their heirs ; and that others of the faid grantees had never recorded their grants and warrants s and that other perfons, who were at that time poflefled of divers parcels of land in the faid ifland, could make no proof that they bad ever had any grants, or warrants, at all for their (aid lands, and yet had been a long time in quiet poiTeilion of the fame^, and bad beflowed great charges on them : and then, without further pre-amble, it makes the grany of the faid duty of four and a half per cent, upon ail commodities of the growth of the faid ifland of Nevis, that (hall be exported from the fame, to the king, his heirs and fucceflbrs 1 i i 2 * for 1 1 . .'s r . he prant intheifland of Nevis does not contain the fame claufc as isinfert- cdintheadt of Barba- does.which declares the duty to be granted for the pur- pofc of maintain- ing the king's au- thority in the ifland. t 436 i for ever. This is the purport of that a^t of the aflcmbly of the ifland of Nevis j in which it is worth obferving that there is ho fuch claufe as that in the a6t at Barbadoes, declaring •* that the publick revenue ought to be, in fome mea- fure, proportioned to the publick charges and expences, and that the ailembly had well weighed the great charges that there mud be of neceflity in the maintaining the honour and dignity of the king*§ authority in the faid ifland ^ the pub- lick meeting of the feflions ; the often attend- ance of the council; the reparation of the forts s the building of a feflions houfe and a prifdnj and all other publick charges incum- bent on the government;" by which the faid duty feems, in the cafe of Barbadoes, to have been appropriated, (in the intention of the per- fons who granted it,) to the maintenance of the civil and military eflablifliiment of that ifland, and not to have been given for the free and abfolute difpofal of king Charles and his fuc- ceflbrs in any place and iii any manner they (hould think proper. It is not therefore quite Jo evident in the cafe of the ifland of Nevis as in that of Barbadoes, that this duty of four and a half per cent, was intended only for the main- ' tenantc /•J.'-'; * ■ . « t 437 1 tenance of the, Icing's authority in that Iflatld. But yet, if wc confider that this^adt of the alTembly at Nevis was pafled under the fame governour, lord Willoughby, of Parham, as the laid ad of afTeinbly at Barbadoes, and the very next year after that a(ft, and, as it were, in imi- tation of it }— and if we contider likewife how very unlikely itis that the inhabitants of (b fmall an ifland as Nevis, and which was then in an infant (late of cultivation, ihould grant money to the Crown for other purpofes than the main- tenance of its own government, when the in- habitants of the much larger and richer ifland of Barbadoes had jufl before declined to do fo, and had confined the money .they had granted (fo far as the words of a pre-amble to an ad of aiTembly could confine it^) to the mainte-^ tiance of the king's authoi-ity in. their ifland j-— it mud, I imagine, be thought probablei upon the whole, that the members of the aflembly iat Nevis, who made this grant of the four an4 a half per cent, duty to the Grown, intended il only for the maintenance of the king's governr ment in their ifland, and not .for any other pur* |>o(cs whatfoever. 'sl^: rnsfv: rJi ;. iir:m> :};.7 Tlae yetitfeent probable that ic wM granted only for that par- po(e. .! .itl.A:fini ■■>L -.^'^ Y** ^^••^•i' * v/ t !>' 1 I, • .' ; 1 II * . t i I'h 01 Che Srantt of It faid t 438 1 The like a£ls of afTcmbly, for granting thit duty of four and a half per cent on gpods ex« illMdi of * ported, were paffed in the iflands of Saint Chrif- fto'hef''" *0P^^» Antigua, and Montfcrrat, about the An^ttii, fame time as the two adts of afTembly already icrrat. mentioned in fiarbadoes and Nevis, that is, , about the year 1 663, or 1664. And afterwards cranted a a (econd zQ, o£ aflembly was pafTed for the fame h^tiSwl purpofe in the iiland of Antigua, which waa of Antigua ©ccafioned by the events of the firft Dutch war in the year ' itts, in the reign of Charles II. which begun in the year 1 664 againft Holland and France, and was terminated by the Peace of Breda in 1667, In that war the iiland of Antigua had been taken by the French under the command of Monfieur de La Barre, an ofHcer of the French king, and was given back to king Charles II, by the peace of Breda. By this French con« queft the Engliih fettlers on that iiland lod all their rights to the lands they bad held under the crown of England ; and thefe lands became the property of the French king : and after*' wards, by the ceflion of the faid iiland made by the French king at the peace in 1667 to the crown of England, the king of England was underilood to be vefted with the abfolute property i 439 i property of thefe lands in the fame manner as the king of France had been after the conqueft of them and before the faid peace of Breda, without any revival of the rights of the former owners of them. In this (late of things lung Charles II. refolved to make new grants of the lands of Antigua to their former owners ; but, in confideration of this favour to them, he feems to have required the people of that ifland to make, to him and his heirs for ever, a grant of the faid duty of four and a half per cent, upon all commodities of the growth of the faid idand, that (hould be exported from it. And this was accordingly done by an adt of alTcmbly of the faid ifland of Antigua paflied in the month of May in the year 1768, intitled, ** Ana£lfor the fettkmmt of the cufiom^ or duty^ of four and a half per cent,^'* of which the mod material part is exprefTed in thefe words. " WhereaSy by reafon of the late unhappy vsar^ The wordi vshich arofe betwixt bis royal Majefly^ Charles the aflimbiy of ficondy king of Great-Britain^ France, and Ire- ly^^^^li^i^ land, &c. and the mofl Chrifiian king, in France, w*s grant- ds well as the States General of the United Nether- year i66$, lands, feveral of his Majefly of Great-Britain s territories on tlnsftde the Tropic, became fubje^, through 14 i 1)1 1]^ - 7^' '. ENGLISHMAN/ '• - I will endeavour to give you the bed fatif- fadtion I am able upon this fubjedt; which is a curious and important one, and affords but too jufl grounds for the furprize you have exprefTed concerning it. •»^^ " But, firft, as to what you afk concerning Jamaica. You dcfire to know, whether this duty of four and a half per cent, upon dead commodities exported, is paid in that large and LI 1 a ■ * rich kUi _. . [ 452 ] The a'orc-' rich ifland. The anfwcr is fhort and cafy, laid duty of , ' ' 4i per cent, to wit, that I am well alTurcd th^t this duty is intheilland "ot paid in the ifland of Jaofiaica, nor yet in ofjamaica, ^^q Q(j,ej. Britilh iflands in the Weft-Indies, norinthoie of Anegada called Ancgada and Tortola, (ituated at a fmall toL. ^^' diftancc from St. Chriftopher's. And it has been confidently aflerted in print (though 1 cannot give you certain proof of it,) that, when the Britifh minifters of ftate at one time, in the year 1717, either attempted, or propofed at- tempting, to im.pofe this duty on the inhabi- tants of thofe iflands by virtue of the royal Theopini- prerogative, Mr. Lechmere, the attorney-gehe- Lechmerc, ral of that time, (who was afterwards" made' ReneraWo ^^^^ Lcchmcre,) being confuited upon the le- K. Geo. I. gality of the projecSt, hone'ftly replied, " that king could the perfon wIk) ihould advife his Majefty to IlusZy t take fuch a ftep, would be guUty of high trea- fon." This is a curious anecdote, and a proper introdudlion to the account which L will now endeavour to give you of the late .impofition of tiie fame duty on the inhabitants of Grenada by virtue of the royal prerogative in the year 1764. Of the im- Y\^Q iOarid of Grenada was conquered by the pofjtion oi ^ J thistiuty In Britifli arms in the year 1762. it furrcndered the ifland of w v^ ' , , Grenada. (^S t,^e faid iillands by his prerO' gacive. [ 4S3 ] (as this province of Quebeck had done two years before,) upon certain articles of capitula- tion, which were the fame as had been granted . a little before to the inhabitants of the idand of Martinico, of which the fixth and feventh feem to be the mod material to the fubjedl wc are now confidering. ' / • * The fixth article of that capitulation was in Theartidcs thefe words. " The inhabitants, as alio the rc^ o^thecapi. ligious orders^ of both /exes, Jhall be maintained Grenada, in the property of their effedlsy moveable andim- theiameai moveable, of what nature foever, and Jhall be ^i^l'^^^^ preferved in their privileges, rights, honours, ana exemptions. Their free negroes and mulattoes Jhall have the entire enjoyment of their liberty** Cinico. The anfwer of the Britiih general to this demand was in thefe words. " Granted, in regard to the religious orders, The inhabitants, being Jubje6ls of Great-Britain, will enjoy their properties y and the Jame privileges as in the other his Majeftys Leeward ijlands.** -• . . The feventh article was in thefe words. " They Jhall not pay to his Majefty any other duties than thoje which have been paid hitherto to :^ fAk i~ \ ,:,. ( ■1. '( i [ 454 ] his moji Chri/iiaji Majefty^ and the capitaticm tf negroes upon the famejootlng it is paid at prefent^ without any other charges or impofls. And the expences ofjufticey penfiom to curates y and other occajional expences^ Jimll be paid by the domaine of his Britannick Maje/ly^ as they were by thai of his moft Chrijlian Majejly" The anfwer of the Britilh general to this • demand was in thefe words. * Anfwer ed in the fixth article^ as to what regards the inhabitants" It muft alfo be obferved that, during the fubjedtion of the ifland of Grenada to the crown of France, there were certain cuftoms and im- pofV-duties collcded upon goods imported into, ,. and exported out of, the faid ifland ^ and like- wife that a capitation, or poll-tax, was paid to the French king by its inhabitants. ' Thcdefini- •pjjg d-finitive treaty of peace was concluded five treaty /• i i r ^ of peace in in a (hoil time after the furrender of Grenada, f*6j"*^' to wit, on the loth of February, 1763. By this treaty, art. 9th, this ifland of Grenada was ceded by the king of France to the crown of Great-Britain in full right, with the fame ilipu- lations [ 455 ] lations In favour of the inhabitants of it as are granted in the fourth article of the faid treaty to the inhabitants of Canada, that is ; that they fhould retain the pofleillon of their property of every kind, moveable and immoveable, if they chofe to continue under the Britifh government and become fubjedls to the king of Great-Bri- tain, and fhould have the liberty of felling it to any of his Majefty's fubjeds within the Ipacc of eighteen months, and retiring, with the mo- ney produced by fuch fale, to whatever country they (hould think proper, if they did not chufe to live under the Britifh government ; and, fur- ther, that they (hould enjoy the free exercife of the worfliip of the Roman-Catholick religion, fo far as the laws of England, (that is, as the great ftatute of queen Elizabeth for abolifliing foreign jurifdidlion in fpiritual matters from all the dominions of the Crown,) will permit. By the fame definitive treaty of peace three out of the four iflands till then called the neutral iJJandsy were ceded to the crown of Great- Britain, namely, the iilands of Dominica, Saint Vincent, and Tobago : and the fourth, (which was Saint Lucia) was ceded to the crown cf France. Very Ce/fion of the three neutral iflandi called Do- minica. Saint Vin- cent, and Tobago, to the crown ofOreat- Biic%in. Ml ■1' i ■l. I the fatd three late neutral iflands; pablifhed in March, 1763. r 456 ] A royal Verv foon after the aforefaid definitive trcatv proclama- " ^ tionondcr of pcacc, namely, on the 26th day of March, feai^or' ^7^3* ^*s Majefly publiflied a proclamation Great.Bri- under the great feal of Great-Britain, in which tam.forthe 11. ipeedy fet- he declared that, having taken into conlidera- theTfland ^^on the great benefit that would arife to the otGrenada, commerce of his kingdoms and the intereft of the (jrena- ^ " dines, and his fubjcifls, from the fpeedy fettlement of the iflands of Grenada, the Grenadines, Dominica, Saint Vincent, and Tobago, he had thought fit, with the advice of his privy council, to ifTue his faid royal proclamation, in order to make it known to his loving fubjedts that he had given the nccefTary powers and directions for an im- mediate furvey, and divifion into proper parifhes and diflridls, of fuch of the faid iflands as had not hitherto been fo furveyed and divided, and for laying out fuch lands in the faid iflands as were in his Majefly *s power to difpofe of, in allotments for plantations of different fizes and extents, according as the nature of the land fhould be more or lefs adapted to the growth of fugar, coffee, cocoa, cotton, or other articles of beneficial culture : after which general de- claration of his Majefly 's delire that the faid iflands fhould be fettled and cultivated, the Aid proclamation -I ^ 457 ] proclamation ipeeifies the particular conditions under which lots of land (hall be granted by his M ajefty to fuch perfons as will undertake to cultivate them, but makes no mentbn of any duty to be paid on the exportatbn of the cana- iDodities that fhall be produced on them. In the month of Odober of the fame year, 1763, was pubiillied his Majefty's famous pro- clamation under the great feal of Great-Biitain, in which he declared it to b^ his pleafure to erec^ four new governments in the territories Ufhich ha4 been lately ceded to the crown of Gr^at-grkain } to wit, the governments of Quebeck, Eaft-Florida, Weft^Florida, and Gre- nada, In this proclamation his Majelty exhorts his fubjeds of Great-Britain and Ireland, and his cojpnies in America, to r^jfort to thefe new governments, and fettle in them, and avail themfelves of the great benefits and advantages which muft accrue therefrom to their com- merce, manufadtures, and navigation : and, as an encouragement to them to do fo, l^e pro- mifes them that they fhall he governed in the fame ipanner as the otlier Englifli provinces in America, by a governour, council, and affembly, as foon as the fituation and circumftances of the M m m faid The king's proclama- tion under the great leal of Great-Bri- tain in Oc- tober, 1 76-, for ere(Jtii)g new civil govern- - mcncs in the coun- tries lately ceded to the crown of Great-Bri- tain. Promife of the Englith mode of cclony-go- vcrnmenc by agover- nour, coun- cil, and af- lembly. i 1' ' M:l, . And of the enjoyment of the be- nefit of the laws of England. Colonel Melville's ccmmifTion of govern- our of Gre- nada, and the Grena. dines, and the iflands of Domini- ca, Saint Vincent, and To- hago ; in April, 1764. Itcontain'd ajjranr of a power to call iffcm- blics of the iieehoIJcrs. [ 458 1 faid new governments will admit of the calling of fuch aflemblies j and that, in the mean titrie and until fuch aJfembUes can be called^ all perfoni inhabiting in, or reforting to, the faid colonies, may confide in his Majefifs royal protection for the enjoyment of the benefit of the laws of his realm of England, In purfuance of this proclamation, his Ma- jefty, in the month of April, 1764, appointed Robert Melville, Efq; cAp^tain-general and go^ vernour in chief over the faid ifland of Grenada and the Grenadines, together with the three, (formerly neutral) iflands called Dominica, St. Vincent's, and Tobago, by a commiflion under the great feal of Great-Britain. This com- miflion was nearly of the fame tenouf with thofe of the governours of Que beck and New- York and the other royal governments in Ame- rica, and authorized governour Melville, with the advice and confent of the council of the faid new province, and^ as foon as the fltuatbn and ciicuniftances of the faid iflands would admit thereof, to fummon and call general aflemblies of the freeholders and planters of the faid iflands, and, with the advice anrd confent of the [ 459 ] the council of the province and fuch aflcmblies, to make, conftitute, and ordain, laws, flacutes, and ordinances, for the publick peace, welfare, and good government of the faid iHands and the inhabitants thereof, and fuch other perfons as (hall reiort thereunto, and for the benefit of the king, his heirs and fuccefTors. Governour Melville arrived in the iiland of Grenada, with this commifHon, in the follow- ing month of December, 1764; and, in pur- fuance of the powers contained in it, he fum- moned a general afTembly of the freeholders and planters of the ifland, which met in the latter end of the year 1765. . - -V . * ! -■ -trf -. - ■ J ••■ In the month of July, 1764; that is, after the publication of the royal proclamation of Odlober,"^ ^7^3i (which promifed the inhabi- tants of the ifland of Grenada, as well as of Canada and EaH: and W^^ Florida, the im- mediate enjoyment of the benefit of the laws of England, and, as foon as the circurfiflances of thofe new governments would admit thereof, the Englifh mode of colony- government by a governour, council and aflcmhly,) and after M m m 2 the Governour Melville arrives in Grenada with his commifTion of gover- nour, in December, 1764.. An aflem- bly meets about Dec. 1765. Injulyi764 a royal pro. clamation is iflued un- der the great leal of Great-Bri- tain for ellabliOiing the aibre- faid duty of 4|^ per cent, on q-oods tjcpo:t:d from the iHand of Grcr.avla. ! 1 ' ' ' an llU %(■'■ jl I I': fn the padlng of governour Melville's commiffion of governour in chief of that ifland, but before the arrival of it, with the faid governour, in the illand ; his Majefty publiflied another procla- mation for impofing upon the inhabitants of Grenada, by virtue of his royal prerogative, the lame duty of four and a half per cent, upon all dead commodities, of the growth of the faid ifland, which fliould be exported from it, that was already paid in the ifland of Barbadocs, and the other iflands before-mentioned, in con- fequence of grants of the aflemblics of thofc The words iflands. This proclamation was exprcfled irt thefc words. " George the thirds by the grace of Godt of Great-Britain, France and Ire- land, kingy defender of the Jaithy ^c. to all to ivhom tbcfc fnfentsjhall come, greeting. V >.' .' •■W«.u«»-\ FRP^NCHMAN. 1,; .. t Triily the ,ftyle of this' ihftrument is very lofty. There is a great deal ti requiring and commanding, znd^o^iht, royal will and pkafure, in it 5 which muft have made the French in- habitants of Grenada recoiled the %k of their former fovereign, who deals much in expref- iions of the fame kind, fuch as Voidom et or- donnons, et il mm plait, and Cartel efl noire bon ' ' ' * plaifir. [ 465 ] plaifir. But furely this muft have been very alarming to the £ngli(h inhabitants who v^ere Jatcly come to fettle in that ifland, and who had been accu domed to very different notions of royal authority. I (hould imagine they muft have been thrown into great confternation by it. And even the inhabitants of England itfelf had no great reafon to be pleafed at feeing an attempt of this kind in a country that made a part of the Britifli dominions, and in which the king had declared by his proclamation of Odober, 1763, that the inhabitants Ihould be governed by an aflembly of the people, as foon as the circumftances of the ifland v/ould admit of ir, and, in the mean time, (hould enjoy the benefit of the laws of England. For they might rea- fonably apprehend that, what was done at that time in that part of the dominions of the Crown, notwithftanding the declared right of its inha- bitants to be governed according to the laws of England, might one day or other be made ule of as a precedent for an ad of the like nature in England itfelf, or for the impofition of u new tax on the people without confent of parliament. The afore- faiJ procla- mation mult have been very alarming lo the new EngliHi fct- tlers in Grenada. iioi.i;':h: al- io to h.ivc alarjiicdthe inhabitants ofOldF-M.ir. land xiicli. u 1 1 i ( , jii N n n E N G-. ima\ge evaluation test target (mt-3) 1.0 I.I UilM |25 Sf 1^ 12.0 u ■IMU Uft IL25 n 1.4 llii^l 1.6 Hiotographic Sciences Corporalion 23 V»ST MAIN STMr WIBSTH.N.Y. 14SM (716) •72-4503 I 466 ] r.' ENGLISHMAN, Yet it was very little attended to in England. It would have been a better foundation for a com- plaint in parliament againll the ininiilers 6f rtateofthat time than any other matter that V. as alledg- ed agair.ft fhcm. Your remark is very juft : and, I think, it ought to have been fo confidered in England. But I do not hear that it was fo, but rather, on the contrary, that little, or no, notice was taken of it there. Even the members of the Houfe of Commons who were moft in oppofition to the meafures of government, faid nothing about it, though it would, in my opi- nion, have been a jufter ground of complaint againft the minifter of ftate, who advifed it, (which was Mr. George Grenville) than any other thing they could allcdge againft him. Nor would it have been at all furprizing if the Houfe of Commons had, in confequence of fo dangerous a meafure, addreded the king to remove both the minifler who advifed it, and the Lord Chancellor, who concurred in it by putting the great feal to the above-mentioned letters patent, from his prcfence and councils for ever. But the fadt is, (which I don't well know how to account for) that nothing of that kind was fo much as talked of. FRENCFI- t 467 ] > •. i J . FRENCHMAN. \ ' ' This omiflion of the Britidi parliament to take any notice of fo dangerous an ad of royal prerogative, merely, (as it (hould feem,) be.- caufe it happened out of the narrow limits of their own ifland, feems to juftify, in fonie de- gree, the defire of the Americans to be exempt from its authority. For, if the parliament is difpofed to exert its authority only for the pur- pofe of laying taxes on them, when defired by the officers of the Crown to do fo, and not for the purpofe of procuring taxes to be taken off, when illegally laid upon them by the fingle authority of the Crown, the Americans will have a right to fay that the members of the Briti(h parlia- ment have not that fellow-feeling for the con- dition of their American fellow-fubjeds which is neceflary to induce them to take proper care of their interefts, and to qualify them to bs the conftitutional guardians of their liberties. In fuch a cafe (whatever the law upon this fubjedt may have been heretofore) it feems to be a matter of neceflity towards the future good government of the American provinces, either that they fhould, for the future, (end repre- N n n 2 fcntatives bers to the Britifli parliament, or the parliament ought to tax them, and refign that part of its authority to the Aniaicun An infe- rence diaunfrcn the inattti • tion of the L'ritiih pai - liament to the injuri s done to tl c people ot America. Either the people of America ought 10 fend nam- forbear 10 aiilni biles. I [ 468 J fentatives to the Britilh parliament, who, it may be hoped, will be more attentive to their interefts than the Britifh members, who already fit there, have, by experience, been found to be, or that they (hould be left to take care of their own concerns in their own aflemblies, without any interference of the Britifli parliament, at leaft in this important bufinefs of taxation. 1 • rt'i ! ENGLISHMAN. The mini- ftcrs of ftate in England, till within thefctwelve or fifteen years laft part, have con^dered America in no other view than zi a fund to provide for theirfriends and favour ites; except as to the re- gulation of the trade thither. ^' The Americans reafon in this manner, and with but too juft caufe ; fmce, till within thefe twelve or fifteen years, neither the Britifh par- liament nor the minifters of ftate in England, feemed to take the leaft concern about the affairs of America, (except as to the regulation of their trade,) any further than as it ferved the latter io a fund for them to provide for their managers of parliamentary elcdtions, or for their poor relations, or for their companions, who had run out their fortunes in keeping company with them, or for their other favou- rites, by giving them the ofiices of governours, or chief juftices, of the American provinces, or thofe other more defireable employments of provoft- mar (halls and clerks of the councils, ... fecretaries, ;^-t I t 469 ] fecretaries, regiflers of deeds and patents, iand regifters in Chancery, and the like, which we have already fpokcn of, and which might be executed by dcpJUties in America, who farmed them of their principals in England at con- fiderable rents. Thefe are old and juft com- plaints of the Americans, and which I therefore wifh to fee removed. But, when the produce of the four and a half per cent, duty at Barba* does, (which was granted, as we have feen, for the maintenance of the king's authority in that iiland) was diverted from the purpofes for which it had been granted, and was given away in penlions to perfons refiding in England, or fpent in fome other manner in England without any regard to the welfare of the people of Bar- badoes, in almoft every reign (as I believe,) iince the year 1663, in which it was granted, to the prefent time, I do not find that the Britifli parliament has ever complained of fuch mif- application of it. Nor, when the fame duty was laid on the inhabitants of Grenada by the king's prerogative in the year 1764, (which, as you juft now obferved, was a meafure of fo very alarming a nature,) did the Britifh parlia- ment take the leaft notice of it. And other fuch per cent by the iiv,?}e authority of the Crown \n the vi I he laid iiland lU Uc year 17O4. Negligence of the inte- refts of fiar- badoes by the Brltifh parliament upon the frequent mifapplica- tions of the produce of the 4^ per cent, duty paid in that ifland. Negligence of the inte- refts of the ifland of Grenada by the Bri- tifli parlia< ment upon the illegal imposition of the faid dutv of 4?. inhabitant! I :ii • n ::'*:{ll 1 faeh inftanccs might be given of their fupinc- ncfs and infenfibility with refpedl to the con- cerns of America. So that I think you are pcrfcdlly well warranted in the conclufion you draw from their negligence, to wit, that they are not, in their prefent condition, worthy of, or fit for, the high truft of being the guardians of the liberties and interefts of America, notwithftand- ing they may, by ,the law, (as it has hitherto ftood,) be intitled to adt as fuch ; and, confe- quently, that it is now neceffary that they fliould cither admit reprefentatives from the American provinces to fit and vote in the BritiQi Houfe of Commons, (with the circumftance of an annual re-eledion, to keep them dependant upon their l^% Atncnc^n conftituents and attentive to their welfare,) or that they lliould renounce the government of America for the future in the important article of taxation, and leave thent to be governed, with refpe! Conjcflures concerning the faid grounds. id, thet right of conqueft. 2dly, the reference to the king's Leeward idands in the 6th ar- ticle of the capitula- tion. I ^dly, The fupprefllon of the old French du- ties; which gave to the new duty of 4^- percent, the appear- ance of an exchange. C 474 ] And, 3dly, thofe words of the letters patent impofing this duty of four and a half per cent, which declare the faid duty to be impofed /;/ lieu of the duties formerly paid in that ifland upon goods imported into, and exported out of, it, in the time of the French government. This fupprefllon of the old French duties gives the impofition of the new duty the appearance of an exchange y and, if the French duties were heavier than this new duty of four and a half per cent., (which is, however, more than I can affirm,) a benefit to the inhabitants of that ifland. Thefe are the reafons which (as I con- jedure) induced Mr. Grenville to advife this extraordinary meafurej which otherwife I am utterly at a lofs to account for. Remarks on the in* fufficicncy of the faid reafons. InfufHcien- cy of the fecond rea- Ton, derived from the re- ference to the Leeward idands in the capita •• lation. FRENCHMAN. ^ Thefe reafons have fomething plaufible in them, but do not feem to be fufficient to juftify fo extraordinary a proceeding. For, firft, as to the anfwer to the fixth article of the capitu* lation. In order to ground the inference you have mentioned, it will be necefl!ary to under- ftand the words the fame privileges as in his Majeflys Leeward ijlands^ to mean the fame burthens C 475 J lurtbem and faxes, as well as privilege?, as arc found in thofe iflands -, which is a har(h, doubt- ful, unnatural, interpretation of them, and by no means fufficicnt to be a ground for exadin^j a tax from the inhabitants of the new con- quefl:. The more natural meaning of thefc words feems to be ^lis ; " That, as the inha- bitants of the Leeward iflands have the privilege of paying no taxes but fuch as they have them- felves freely granted to the Crown by their ademblies, fo the inhabitants of Grenada ihould have the privilege of paying no new taxes but fuch as they fhall themfelves freely grant to the Crown by an aflembly of the fame nature as thofe of the Leeward iflands.'* This is truly a privilege', and a very important onej and therefore muft be fuppofed to have been con- veyed to the people of Grenada by the word privileges in the capitulation. And it muft further be obferved that, if the inhabitants of Grenada had become liable to pay this duty of four and a half per cent, by virtue of this iixth article of the capitulation, which granted them the privileges of the inhabitants of the Leeward iflands, they would have become fo immediately ppon the conqueft, in the year 1762, and noj: , , . O 2 have (if t 476 ] have continued free from it till the year 1764, when it was impofcd by the aforefaid letters patent. For the provifions of the capitulation were principally, if not wholly, intended for the fecurity and benefit of the inhabitants of Grenada during the continuance of the war, and until the final fettlemeiit of their condition by the treaty of peace, when the ifland would either be reftored to the crown of France or ceded to the crown of Great-Britain. The treaty of peace made a new and more perma- nent provifion for the future condition of the inhabitants who {hould chufe to continue in the ceded ifland ; which provifion mufl be fup- pofed to have fuperfeded the articles of the capitulation in all points in which it did not exprefsly confirm them. Whatever therefore was not judged to be binding on the inhabitants of that ifland by virtue of the capitulation in the interval between the capitulation and the treaty of peace, while the capitulation was the only inflrument of authority relating to them, ought not to halve been impofed on them, under pretence of the capitulation, after the conclufion of the treaty of peace, which put an end to the validity of the capitulation, except ' r 477 J except in thofc articles which it confirmed, which I do not perceive to have been the cafe with this fixth article of the capitulation, which mentions the privileges of the Leeward Caribbee iflands. So that 1 think this pretence of a ground for impofing this duty of four and a half per cent, upon the inhabitants of the ifland of Grenada by virtue of the capitu- lation in 1762, is very weak and infufficicnt for the purpofe. Nor indeed is there the leaft allufion to the articles of capitulation in the letters patent, which impofe this duty, as you have recited them : but they mention only the conqueft of the ifland and the ceflion of it to the crown of Great-Britain by the treaty of peace,— and the inconvenience that will ac- crue to the other fugar iflands in the Weft- Indies, if Grenada (hould be exempt from the payment of this duty while the king's other fugar iflands pay it, as the grounds for im- pofing this duty on the inhabitants of the ifland of Grenada. And then it is ftated, in the claufe which impofes this duty, that it is in lieu of the duties, both of importation and exporta- tion, which ufed to be paid in the time of the French government. So that I am inclined to think i 478 I think that Mr. Grenville, or whoever elfe ad- vifcd his Majefty to lay this duty upon the people of Grenada, did not rely on the faid £xth article of the capitulation as a legal ground for fuch a meafure, but refted it rather on the rights of conqueft and on the circumftance of its being a kind of exchange for the duties which had been paid on goods imported and exported in the time of the French govern- ment* .., --... n. ENGLISHMAN. .m; You may poflibly be very right in this opi- nion : and I am inclined to join with you in iu But I was willing to mention every circum- flance that could poflibly be fuppofed to miflead Mr. Grenville into fo wrong a meafure: for as fuch I muft ever confider it ; the other two grounds that we have mentioned, that of the right accruing to the Crown by conqueft, and that of this duty's being laid In lieu of the French duties, being both of them, in my cipinion, very far from fufficient to juftify it. !k«S'-f:l.. i'4/i^. FRENCH- [ 479 1 !i ■'I •»< t» > '♦■ |5«-»J'WA4 ,1^ >H.^ FRENCHMAN. » -•J *j..*4-4 ' ' The latter of thefe reafons is evidently a very weak one. For in the firft place, the French duties, for which it is infinuated this was an exchange, were already aboliflied (when this new duty was impofed,) by the abolition of the trade to Old France. It was therefore impoflible that this new duty fhould be an exchange for thofe old ones, which no longer had any being. And, in the fecond place, if thofe French duties had continued to fubfift after the peace by a permiflion, on the part of Great-Britain, to the inhabitants of the ifland of Grenada to continue to trade to Old France, yet no exchange could have been made of thofe old duties for any new duty without the confent of the people who were to pay it, unlefs it were by virtue of the fame authority which would have been fufficient to lay any new tax upon them without abolifhing the old ones. For every exchange implies the confent of both the parties that make it, in order to its being a real and fair exchange : and no man has a ri^ht to take from any other %-i . : . - , a houlc, Infufficien- cy of the third rea- fon above mentioned* which is de- rived from a fuppofi- tion that the new duty of 4 J percent, is an ex- change for the old French dutitii. 1^ a houfe, or a horfe, or any other part of his property, and to give him fomething elfe in the lieu of it, without his confent, even though the thing fo givon in lieu of the former (hould be of fuperiour value to it. A forced ex- change is therefore either an a^ of violence and injuflice or. an adt of fuperiority and authority. And all that can be inferred from ,,^: the abolition of the old French duties paid '.in the ifland of Grenada, in favour of the . ' impofition of the new duty of four and a half per cent, is, that it would have been reafon- able, and equitable, and expedient, that the faid new duty fhould be impofed there 6y fome proper and adequate authority in lieu of the faid French duties that were aboliflied, but not that the king thereby acquired the right to impofe the faid new duty by virtue of his royal prerogative. The expediency of having a new tax laid on the people for any publick fcrvice will never, iii any country, veft a particular magiftrate with the legal right of impoiing fuch a^tax, if he had not the ^d right before; but will only juflify tho xnagidrates, or other perfons, who are already^ poileiTed of fuch a legal right, in exerting it ,'iiuori y. • - , , ' •• for or t 481 ] for the purpofe of impofing fuch reafonable lax. So that, in my opinion, the only ground upon which Mr. Grenville could, with any appearance of reafon, juftify this meaibre of advifing the king to impofe a tax on the people of Grenada by virtue of his royal prerogative only, was the right that might accrue to the Crown, to govern them according to its will and pleafure, in confequence of the conqueft -, which indeed fccms to be the ground prin- cipally infifted on in the afcrefaid letters pa- tent, by which the faid duty was impofed. How far this ground is fufficient for this purpofe I do not know. But I never yet heard that the kings of Great-Britain governed tho.'b provinces in America which they had o!>u*ned by conqueft, (as the province of New- York in North-America, and the ifland of Jamaica) in a different manner from their other pro- vinces, which were planted by colonies from Great-Britain. I beg you would therefore inform me what the law of England is under- ftood to be upon that fubjed, or v.hat rights the crown of Great-Britain is fuppofed to ac- quire over conquered countries alt^r the final ceflion of fuch countries to it by th^ for::ner ibvereigns of them. Ppp ENG- Thc firil reaion ?-■ bovs iv.en- tioned, to wic, the ri'^ht of coiiqiic'^^, is that w'ai^U feems v.v'^it to be rclL'vl on in th'i royal pi<'^- clani uitin by whicli the faiJ un- tyof.}.; p-: Cent :si:iu;% b'.iilicd. Cf tlic pre- r tile CrO'.VP. of Cr ai ^ * llr i-i >\v:tl'. . )<'i!.:c:i !0 1^ Of.t.ue cq 1 Coui.ujvi, : ' 'i ^ [ 482 ] ENGLISHMAN. l^^ This in- quiry, toge- ther with the other matters that remain to be dif- cuffed on the fubjedt of America, muft be pollponed to feme other op- poitunity. You are entering upon a curious and im- portant fubjed, on which I will endeavour to give you all the fatisfadion in my power j though I doubt whether 1 (hall be able to fatisfy you perfedlly upon it, becaufe it is a matter that is by no means clear and fettled amongft the Englifh lawyers themfelves. But, as this inquiry will probably run into confi- derable length, and we have already fpent fo much time in this political ccnverfation, I mufi: beg leave to poftpone the confideration of this and the other fubjeds 1 promifed to touch upon with yoUa concerning the expediency of removing the apprehenfions of the North- Americans that bifhops will be eftablifhed amongft them without the confent of their aflemblies, and concerning the expediency of amending the conftitutions of the provincial councils in the feveral royal governments, (which are governed only by the king's com- miflions, without a charter,) by increafing, to at leaft twice their prefent number, the mem- bers of fuch councils, and appointing them to hold t 483 1 hold their feats in the faid councils during their lives or good behaviour, inftead of the mere pleafure of the Crown, to fome other opportunity. ' FRENCHMAN. Well 3 I am ferry we are obliged to part, though I muft needs confefs it is high time to do fo, as the day is fo far fpent. But I hope we fliall foon meet again, to compleat the difcuflion of thefe fubjeds, which have greatly excited my curiofity. In the mean time I am very much obliged to you for the infor- mation you have this day given me. So fare- well. <' THE END OF THE FIRST DIALOGUE. • Its, im- to im- to )ld I