IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 li&|28 |Z5 |io *^" H^H U^ Bii 122 £ 1^ IM WMU pi °^ ^ ^ S>^ ^^* ** /y«e>s w Photographic Sdaices CorpOTation' 73 WtST MAIN STiHT WNSTIM,N.Y. 14SM CIHM/ICMH Microfiche Series. CIHIN/I/ICIVIH Collection de microfiches. Canadian Instltuta for Historical IVIicroraproductions / Institut Canadian de microreproductions historiques O^ I Tvchnical and Bibliographic Notaa/Notat tachniquaa at bibiiographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibllographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may aigniflcantiy changa tha uauai mathod of filming, ara chaclcad balow. L'Inatitut a microflimA la maillaur axamplaira qu'il lui a At4 poaaibia da aa procurar. Laa ditaila da cat axamplaira qui aont paut-Atra uniquaa du point da vua bibliographlqua, qui pauvant modifiic. una imaga raproduita, ou qui pauvant axigar unc* modification dana la mAthoda normala da fiimago aont indlquAa ci-daaaoua. D Colourad covara/ Couvartura da coulaur n~1 Covara damagad/ D D D D Couvartura andommagAa Covara raatorad and/or iaminatad/ Couvartura raataurte at/ou pailicuiAa I I Covar titia miaaing/ La titra da couvartura m»nr/u< r~n Colourad mapa/ Cartaa gtegraphiquaa an coulaur □ Colourad init (i.a. othar than blua or blacic)/ Encra da coulaur (i.a. autra qua blaua ou noira) rn Coloured plataa and/or illuatrationa/ D Pianchas at/ou illuatrationa an coulaur Bound with othar matarial/ RalM avac d'autraa documanta Tight binding may cauaa ahadowa or diatortion along intarior margin/ Lareliura aarrte paut cauaar da I'ombra ou da la diatortion la long da la marga IntMaura Blank laavaa addad during raatoration may appaar within tha taxt. 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Additionai commanta:/ Commantairaa aupplAmantairaa: D D D D D D D D Colourad pagaa/ Pagaa da coulaur Pagaa damagad/ Pagaa andommagAaa Pagaa raatorad and/or Iaminatad/ Pagaa raataurAaa at/ou paiiiculAaa Pagaa diacolourad, atainad or foxad/ Pagaa dicolorAaa, tachatAaa ou piquAaa Pagaa datachad/ Pagaa dAtachAaa Showthrough/ Tranaparanca Quality of print variaa/ Qualit* InAgaia da i'impraaaion includaa aupplamantary matarial/ Comprand du material auppMmantaira Only aditlon availabia/ Saula Mition diaponiblo Pagaa wholly or partially obacurad by arrata alipa, tiaauaa, ate, hava baan rafilmad to anaura tha baat poaaibia imaga/ Laa pagaa totalamant ou partiailamant obacurciaa par un fauiliet d'arrata, una palura, ate., ont At* fllmAaa i nouvaau da fa^on A obtanir ia maillaura imaga poaaibia. Tf s 7 h d •• bi ri ri nn Thia itam ia fllmad at tha raduction ratio chackad balow/ Ca documant aat film* au taux da reduction Indiqui ci>daaaoua. 10X 14X 18X 22X 28X 30X >/ 12X 16X 20X 24X 32X Th« copy filmad h«r« has b««n r«produc«d thanks to tha ganarosity of: Library of tha Public Archivas of Canada L'axamplaira fiimA fut raproduit grAca A la gAnArositi da: La bibllothAqua das Archivas publiquas du Canada Tha imagas appaaring hara ara tha baat quality possibia conaldaring tha condition and lagibliity of tha original copy and in Icaaping with tha filming contract spaclflcations. Original copiaa in printed papar covara ara filmad beginning with tha front covar and anding on tha last paga with a printad or illuatratad Impraa- sion, or tha bacit covar whan appropriate. All othar original copiaa ara filmad beginning on the first page with a printed or illuatratad impres- sion, and ending en the last paga with a printad or illustrated impression. Les images suivantea ont M reproduites avac la plus grand soin, compta tenu de la condition at da la nettet* de I'exemplaira filmA, et en conformiti avac les conditions du contrat de filmage. Lea exemplaires originaux dont la couvarture an papier est imprimte sent filmte en commenpant par la premier plat mt en terminant soit par la dernlAre paga qui compoite une empreinte d'impression ou d'illustration, soit par la second plat, salon le cas. Tous las autras exemplaires originaux sent film6s en commenpant par la pramlAre paga qui comporte une empreinte d'impression ou d'illustration at en terminant par la darnlAre paga qui comporte une telle empreinte. The last recorded frame on oach microfiche shall contain the symbol — *• (meaning "CON- TINUED"), or rhe symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaftra sur la darnlAre image do cheque microfiche, selon le caa: le symbols -^ signifis "A SUIVRE", le symbols ▼ signifie "FIN". Mapa, piatea, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one e;Kpoaura are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte i des taux de rMuction diff6ren£s. Lorsqus ie document est trop grand pour hire reproduit en un seul clichA, il est film* A partir de I'angle sup4rieur gauche, de gauche h droite, et de haut en bas, en prenant le nombre d'imagas nteessaire. Les diagrammes suivants illustrent la m^thoda. 1 2 3 1 2 3 4 5 6 A r < Br For N( Bui I CONSIDERATIONS .. r t'- O N T H E 4 PROPRIETY OF IMPOSING AXE I N T H E Britifh COLONIES, For the Purpofe of raifing a REVENUE, by ACT OF PARLIAMENT. "Haud Totum Verba refignent ^od iatet arcana^ mn enarraln/e, fibra. \ i-r \ f. I NORTH^MERICA PRINTED LONDON, Ke-pr inttd fm J. AutoN, Burlington-Houfe, Pkcidilly. MDCCtXVL • 1 i\. iitfb»_«aMa^i'ai'>tai*> * *m PREFACE. Il Hi TTwouidf HOit>^ hi an unfafhisnable Doftnne, wbah ** ever the ancient Opittion might be^ to affirm that the Conftituent can bind his Reprefentative by InftruC' ti^ns \ but though the obHgatmy Force of tbefe In- fimSions is not it{fijied upon^ yet their perfuqftve h^iutnce^ in moft Cafa^ may be •, for a Reprefenta. ttve, whofhould a^ againft the explicit Recommenda* tion of bis Conftituents, would moft defervedly for' feit their Regard and all Pretenfion to their future Confidence, When it is undtr Deliberation^ whether a new Lavt fball be Ena£ted^ in which the Electors of Eoglanci are inter eftedy they have Notice of it, and an Op" fortunity of declaring their Senfe. they jw^y point out every dangerous Tendency, and are not re^ firained in their Reprefentations, fromfhewing in the flaineft Language, the Injujiice or Oppreffion of it. When a Law in its Execution is found to be repugn ftant to the Genius of Liberty, orproduitive of Hard* fliips or Inconvenience, they may alfo inftruSi their Deputies to exert Themf elves in procuring a Repeal of it, 6 ■ ">■ PREFACE. ity and in the Exercife of this Right are not ccnJiraiH^'" ed to whine in the Style of humble Petitioners.— —^^■ They are expo fed to no "Danger in explaining their Reafons their Situation does not become fo de^ licate as to make it prudent^ to weaken^ by not urging them^ with their full Force^ and to their utnipfl Ex- tent. But who are the Reprefentatives of the Co^ Idnies ? ^o whom fhall t h k y fend their InflruSlions^ when defirous to obtain the Repeal of a Law flriking at the Root and Foundation of every Civil Rights fhould fuch an one take Place ? InftruSlions to all the Members who compofe jhe Houfe of Commons would not be proper, 'To them the Application muji be by Petitiofi, in which an unreferved Style would^fro* bably, be deemed Indecency^ and ftrong Expreffions Jnfolence^ in which a Claim of Rights may nots per^ hapSy be explained, or even inftnuated^ if to impugn w glance at their Authority whofe Relief is fupplicat- ed. To f of ten and deprecate mufi be the Hope -and 'Endeavour, though a guilt lefs Freeman would, prD- hably, he aukward in ringing all the Changes ^Parce, Prccor. ^ Under tbefe Circumfiancesy the Liberty of .the Prefs is pf the mofi momentous Confequence, for if Truth is not allowed to fpeak thence in its genuim Languctge of Plainnefs and Simplicity, nor Freedom to vindicate its Privileges with decent Firmnefs, we fhall have too much Reafon to a can ow lege his Forejight who priSSl' ed,that " the Conjlitutionof the^v\t\{k Government ** xvas too excellent to he permanent.''* ,The Train for the \ ■^y of its too i5l' lent [for. tk \ PREFACE, the Accmplijhment of that Propbefy hath not yet Mtchedin America, »or, Itrufl^ been laid, ♦ • ^hat there have been Laws extremely unjufi and op- prejfive^ the declarations of fubfequent Parliaments^ fixing this Stigma upon thcm^ evince \ but whiifi the. Power which introduced them prevailed, it was not prudent to give them their dcfcrved Chara^ers. 1'hi Parliament of Henry i//, or that of Henry VI, need not be cited \ there are many other Inflames, though not branded with Epithets fo remarkably oppro- hrioiis. In the Opinion of a great Lawyer, an AQ of Par- liament may be void, and of a great Divine, " all " Men have natural, and Freemen legal Rights-, *« which they may juflly maintain, and no legijlative •* Authority can deprive them of" Cafes may be imagined in which the 'Truth of thefe Pofttions might, in Theory, be admitted; but in PraHice, unlefs there Jhculd be very peculiar Circum- fiances, fuch as cannot be fuppofed to exift during the Prevalence of the Power that introduced it, who the Purpofe f6r which it hath been advanced. Th*?y ^raite, that " the Right of Elcdion beih^ ** anfiexta to certain Species of Property, to Fran- ** chifcs, and Inhabitancy in fome particular Places,^ ** a very fmall Part of the Land, the Property, and •* the People of England is comprehended in thofd " Defcriptions. All Landed Property, hot Free* *' hdd, arid all Monied Ptx)perty, are exdnded, *♦ The Merchants of London^ the Proprietors of" *' the Public Ftinds, the Inhabitan'-s of Ltecis-^ Halifax^ Birminghamy and Manchejler^ and that great Corporation of the Eaft India Company, None of Tbem chtife their Repretcntatives, and y^t are They all reprefented in Parliament, and the Colottles being txaStfy in their Situation, are reprefented in the fame Manner,*' S( «c c« K I 1. ■ 'i "Ndw this Argtiment, which is all that their In* Vcntion hath been able to fupply, is totally defec* iive i f6r, it cohfifts of Fafts not true, and of Coh* cluiions inadmidible. It is fo far fiom being true, that all the Perfons enumerated under Uuj Character of Non-Electors, are in that Prec icament, that it is indubitabljr •-_ V Further; .onr slati- • Op. ipon one ♦ fther: I [ 5 1 . Further, if the Non-Ele6tors ftioold not be taxed by the Britijh Parliament, They would not be taxed 4/ alh, and it would be iniquitous, as well as a Solecifm, in the political Syftem, that They fliould partsdce of all the Benefits refulting from the Impofition, and Application of Taxes, and derive an Immunity from the Circumftancc of not being qualified to vote. Under this Conftitu- tion then, a double or virtual Reprefentation may be reafonably fuppofed. — The Eledors, who are infeparably connected in their Interefts with the Non-£le^rs, may be juftly deemed to be the ReprefcntatiVcs of the Non-£le6tors, at the fame Time. They exercife their perfonal Privilege in their Right of Eledion, and the Members chofen, therefore, the Reprefentatives of both. This is the only rational Explanation of the Expreflion, virtual Reprefentation. None has been advanced by the AHertors of it, and their Meaning can only be inferred from the Inftances, by which They endeavour to elucidate it, and no other Meaning can be itated, to which the Inftances apply. It is an eflential Principle of the Englijh Con- .ftitution, that the Subject {hall not be taxed without his Confcnt, which hath not been intro- duced \>y any particular Law, but neceflarily re- iultsfrom the Nature of that mixed Government j for, without it, the Order of Democracy, could .notexift,^ . , Parliaments * were not formerly fo regular in Point of Form as they now are. "'>en the ncm- gber of Knights for each Shire were not afcertain- ed. The firft Writs now extant for their Choi<;e, f Ses Treat. Peerage; i A are [6] $re 22nd M^ard I, by which. Two, ^ at this Day, were directed to be chden for each G6iinty 5 but tht King not being fatlsBtd with that Nuiii<« ber, ^thcr Writs were iflued for chufiflg TwiJ more. This difcretiortftry Power being ftoUght inconvenient) was afterwards rcftrained by th^ Statutes of Richard II, Hemy IV, and fubfequertt Afts. In eariier Times there was more Simplicity In the Rules of Government, and Men were moiift folicitous about the Effentials, than the Forms of it. When the Confent of thofe who were to per* form, or pay any Thing extra-feudal, was fairly applied for and obtained, the Manner wai little regarded; but, as the People had reafon tb be tealous of Defigns to impofe Contributions tipoA Them without their Gonfent, it was thought ex«- pedientto have Formalities regulated, and fixed, to prevent this Injury to their Rights, not to de*- jtroy a Principle, M^ithout which, They could nOt be faid to have any Rights at all. ' - 'l'"^^^'* Before the Introdudlion of thofe Formalities, nvhicih were framed with a View tb reflrain the Excurfions of Power, and to fccure the Privileges of the Subjed:, as the Mode of Proceeding was more limple, fo perhaps this Foundation of Con- fent was more vifible than it is at prefent, wherefoiie tt may be of Ufe toadduce^fomc Inftances, wh%h dircdly point out this neceffary and cfTential Frtii- ciple of Bfitijh Liberty, ^*^",r^ -^'''' The tiitds and Comitions have feparat^iy |iVcii •'Aids andSubfidics to the Crown. In ipthEm^d III, the Lords granted the Tenth of aS -the Corn, &c, growing upon their Demefnes, the Com- mons then granting Nothing, nor concerning Them' ti- rn, m- Themfelycs with whar the Lords thought fit tQ grant, QMt. of thev owa Eftates.-rAt Qthqr Times^ the Kr\ight$ of Shires, fcp^ating frotn. tlie Reft of the -Commons, and joining wiih thq Lords, havp granted a Subfidy, and, the Reprefentativcs of Cities and Boroughs have likcwife granted Swbr fidies to the Crown feparately, as appears by a "Writ in 24th Edward U which runs in thefe Words : Rex, &c. — Cum Comites^ Barones^ Milites Nohis,. &c, fecerunt undecimam de omnibus Bonis fuis nuf^ilihus^ ei Gives et BurgenfeSy die. feptimam d^ ^nil^us iams fuis mobilihusy &c. nobis <;urialiter con- (df^inty &c. When an Affair happened, which ;3|re6|ted only fome Individuals, and called for aa iVitJ tq the Crown, it was comnion for thofe Indi- yxAyj^^s alone to be fummoned -, to which Purpofe feyeral Writs are extant. In 35th Edward lll^ tjiere is a Writ (which Dugdale has printed in his Congestion of Writs of Summons to Parliament) dire, Szc. Saktm, he. V6his, &c. Mcmdamus quod aliquem, vel aliquos de ^iit^ confidatis apud Weftmon. mittath ad loquendum nchif- cumfuper diStis NegotiiSy it ad faciendum et cdnfifi' tiendum Nomine veftro, fitper hoc quod ibidem ordinari £on*igerit, A Refledion naturally arifes from the Inftances cited.— When, on a particular Occafin, fome In- dividuals only were to be taxed, and not the 'Whole Community, their Confent only was called for, and in the hft Inftancc it appears, that they, who upon an Occafion of a general Tax, would have been bound by the Confent of their virttMl Re^ prefentatives (for in that Cafe they would have bad no a^ual Reprefentati'ues) were in an Affair cftHJhgf for a particular Aid from them, y^^rj/^ from the yeft of the Community, required to fend theif /»r^ iicttlar Deputies : But how different would be the • Principle of a Statute, impofing Duties without itelr Confent who are to pay them, upon thc-Aiii- thority of their Gift, who fhould undertake to ^ive, t^hat doth not belong to them. ■>'^^.^:^'\ srh • ■ * ■ ■■''v^rti YldEii^ : ^.^hat great King, Edward I, inferred fif'^hii- Writs of Summons, as a firft Principle of Law, that ^od ontnes tangat ab omnibus approbetur, mhkh by no Torture can be made to fignify that' their Approbation or Confent only is to be required ih ^ the Impolition of a Tax, who are to pay a^ Part of it. •-:•■.;. ; • • .;-7;''^. v^^l-^' The' Situation of the Noft-Ele<5tors "in En^Bnd — their Capacity to become. Wie&sov^-^i^t^kittkt' parable Cofirteftion with thofe wh*or aTBKJdtfltnt*; and their Ref)rcfenrari ves»^their. Security "a^inft Op- fro 4 » [9] Opprefllon rcfuliing from this Connexion, and the Neceflity of imagining a double or virtual Re- prefentation, to avoid Iniquity and Abfurdity, have been explained — The Inhabitants of the Co- lonies are, as fuch, incapable of being Elcdtors, the Privilege of Eleftion being exercifeable only in Perfon, and therefore if every Inhabitant of Amtricay had therequifite Freehold, not one could vote, but upon the Suppofition of his ccafing to be an Inhabitant of America, and becoming a Re- fident in Great-Britain, a Suppofition which would be impertinent, becaufe it Ihifts the Queftion — Shoula the Colonies not be taxed by Parliamen- tary. JfnpqfitionSy their refpedive Legiflatures have a regular^ adequate, and conftitutional Authority to Tax them, and therefore there would not ne- ceflarily be an iniquitous and abfurd exemption, from their not being reprefented by the Houfe of Commons. There is not that intimate and infeparable Re- lation between the EleSiors of Great-Britain and the Inhabitants of the Colonies , which rauft ine- vitably involve both in the fame Taxation ; on the contrary, not a fingle a5lual Elector in Eng- land, might be immediately affected by a Taxa- tion in yf»i^/Vi.»:^ ' If it would have been a juft Conclufion, that "the Colonies being exadly in the y^«> Situation with the Non-Ek£iors of England^ are therefore re- prefefited in the fame Manner, it ought to be al- lowed, that the Reafoning is folid, which,' after having evinced a total D/^;»//^;^r/y of Situation, infers that their Reprefentation hdifferenti //a ' . If the Commons of Great Britain have no Right by the Conftitution, to GIVE AND GRANT Property not belonging to themfelvcs but to others, without their Confent a6tually or virtually given— If the Claim of the Colonies not to be taxed 'without their Confent, fignificd by their Rtprefcn- tatives, is well founded, if it appears that, tli© Co- lonies are not aftually reprefented by the Com- mons of Great-Britain^ and that the Notion of a I - ' double ti tj a I tf ii [ •■ ] double or virtual Rcprdentatior. doth not with any Propriety apply to the People of /Imerka', then the Principle of the Stamp /Ui^ mull be given up as indefenfiblc on the Point of Reprcr:;ntation, and the Val: 4ty of it reded upon the Power which they who framed it, have to carry it into Execution. I- a!- «c *? Should ti.e Parliament devife a Tax, to be paid only by thofe of the People in Great-Bri- •* iain^ who are neither Members of either Houfe ** of Parliament, nor their Eleflors, fuch an A6t ** would be unjuil and partial," faith the Author of the Claim of the Colonies, &c. who yet al- lows that the " Non-Eled:ors would have a Secu- rity againft the Weight of fuch a Tax, Ihould it be impofed, which the Colonies have not, *' viz. That the Members of Parliament and their *' Electors, muft be relatively affe<5lcd by it -, but " the induftrious North- American, and the opu- i^f" \tr\i Weft 'Indian may have their Properties tax- *' ed, and no Individual in Great-Britain partici- i>' pate with them in the Burden : On the con- *' trary, the Members of Parliament would make *' their Court to their Conftituents moft effedual- " ly, by multiplying Taxes upon the Subjects of " the Colonies." i ^ Is it not amazing that the above Author, with thefe Sentiments, (hould undertake the Defence of the Stamp Duties, which, by his own Conceffionj appear to be more unjuil, and more partial than athe Tax he fuppofes, and upon which he be- 3 Aowspvery properly, the Epithets of ufijufi and yfairtiah Mi)i^b':>tcmm^'M m !■■ '' ) !• j 1 '♦ \vi/ ob •Diluit mm ?u yfr " ' i" fDiltiit Hellehrum^ arU cwtpefcfre FtmSiiii^ AiNffih*^ MxaiP^i*^ <\iM- nno oi ion fnoH.JDU t icr b'U; .lhX'» V'"''^' 'f '*' ahfjj-fvM hnfc jfWv-i irHt ^nro .''. 3riJrfae very ieamed Gentleman has, it fcenls, de- clared that, ** upon marorc Delibetationj he has •^'formed fcis Oipinion, that the Colonics art in *' their Natwe, no mbre than common Corpor- *5 Jfi6ns, and that the Inhabitants of a Colony ♦' are no more entitled to an Exemption from Par- ^ liamentary f i u f= t t'4l " Hamenlary Taxations, beCAwfc reprefented in ** an ^Imerkan AfTcmbly, than the Citizeni of ci'J ){\ \ , i'. ..' . lU; vino h!i;i .^ts\itA«\v>4 The Objcdlion having been ftated, the Anfwer h obvious and clear. ' ' tjfiti an^uxi vat ' ■ . >vk'.V <^"v\"UK'd •^ The Colonies have a compleat and adequate iegillative Authority, and are not only reprcfcnicd in their AfTemblies, but in no other Manner. The Power of making Bye-I..aws verted in the Com- mon Council is inadequate and incompleat, being bounded by a few particular Subjc(Ss*, and the Common Council are aftually reprefented tflo, by having a Choice of Members to fervc in Par- liament. How then can the Reafon of the Ex- emption from internal parliamentary Taxations, claimed by the Colonies, apply to the Citizens of London? ' ^^m The Power defcribed in the Provincial Charters IS to make Laws, and in the Exercife of that Power, the Colonies are bounded by no other Li- mitations than what refult from their Subordina- tion to, and Depcndance upon Great- Britain. The Term Bye Laws is as novel, and improper, when applied to the /Iffemblies^ as the Expreflion Akls cf AJfemhly would be, if applied to the Parliament cf Great-Britain, and it is as abfurd and infenfible, to call a Colony a common Corporation, becaufe not an independant Kingdom, and the Powers of each to make Laws and Bye Laws, are limited, though not comparable in their Extent, and the Variety of their Objcfts, as it would be to call Lake Erie^ a Dttck-puddky becaufe not the Atlan- tic Ocean. '-^^i i*H;>^. .^^v.^^^vaVAs •^' Stiotfld 1/. t[ (C »aj \v\V\ [ '5] • Should the Analogy between tjic Cclomes and Corporations be even admitted for a Moment, in order to fee what would be the Confequence of the Pojiulatum, it would only amount to this, The Co- lonies are veded with as compleat Authority to all Intents and Purpofes to Tax themfclves, as any Englijh Corporation is to make a Bye-Law, in any imaginable Inftance for any local Purpofc what- ever, and the Pnrliament doth not make Laws for Corporations upon Subjects, in every Refpedl proper for Bje-Laivs, , ,^.j^ H But I do not reft the Matter upon this, or any other Circumftance, however confiderable, to prove the Impropriety of a Taxation by the Britijb Pai;- liament. I rely upon the Fad:, that not one in- habitant in any Colony is, or can be aSIually qr virtually reprefented by the Britijh licufe of Con}- monsy and therefore, that the Stamp Durics arc fevercly impofed. ■- ijj .-■11. . ' V /But it has been alledged, that if the Right to Give and Grant the Property of the Colonies by an internal Taxation is denied to the Houle of Com- mons, the Subordination or Dependance of the Colonies, and the Superintendence of iht- Britijh Parliament cannot be confiilently edablifhed — . That any fuppofed l^\n& of Diilinclion between the two Cafes, is but " a wiiinifical Imagination, . *?. a chimerical Speculation againllFadt ard Ex- ■,*< periepce.*' ,Now, under Favour, 1 conceive rth^rCjis more Confidence, than Solidity in thjs vAfl^rtipn, and it may be fatisfadorily and eafily ipr«^ved,.;that the Subordination and Dependance pf the Colonies may bepreferved, and xjfxcjupreme Authority of the Mother Country be firnily fup- • ported, and yet the Principle of Reprefentation, .and the Right of the Britijh Houle of Commons r N flo wino: t «6] Dowlng (mm //, to Give and Om/ the Property of (hd Commons of ^erica^ be denied.^;.. „;;^^ f*3.) ■•Jv, , ' ■ .. AT .-r The Colonies are dependant upon Grent Brit^in^ and the foprcme Authority veiled in the King^ UcMrdSy and Commons, may juftly be exercifed to fccui-e, or prcfcrve their Dcpcndance, whenever ncCeffary for that Purpofe. This Authority rcfnlt^ iVom, and is implied in the Idea of the Relation fubfifting between England and her Colonies j lor, confidcring the Nature of human Affe(^ioBS4 thb|^ thfe latter, and have been, after thatCoifipWbi;-i36- peatedly re^joghlzcd by theffornK^r.^Whin lik^y m^ be ex^i-CTfed effed^u^ly: upon . cyery tO^^Qaa. Without an^injuFy to that Relation^tiieAAitHi^fity of the Supttior cannot prOpefly intCTpoferfCK^ kfJ^ Powers veiled in the Inferior, is the Superior limited. By ti [ '7 ] By their Conftitut ions of Goremmcnt, t]t\e Co>i, Ionics are impowcrcd to imjpofc inccrnel Taxe$»^ This Power is compatible with their Uependance, and hatli been exprefly recognized by BrUiJb Mi- niAers and the Britijb Parliament^ upon many Ck:carion8} and it may be exercilcd efie^uaily without ftriking at, or impeaching, in any Ref- p«A, the • Superintendence of ihc Britt/b ParHa- nienc. May not then the Line be diftindlly and* JDftly drawn between fuch Ads as are neceifaryy or proper, for prcferving or fecuring the Depen- dence of the Colonies, and fuch as are not ncct^f* fkiy or proper for that very important Purpofc ? When the Powers were conferred upon the Co- lonies, they were conferred too as Privileges and Inrmuflities, and accepted as fuch ; or, to l[jpeak inore properly, the Privileges belonging neccflarily to Them as Briii/b Subjcds^ were folemnly declar- ed afid conBrmed by their Charters, and They who fettled in America under the Encouragement and Faith of thefe Charters, underftood, not only tha( They mi^ht, but chat it was their Right to exercif? thofe Powers without Controul, or Prevention. In Ibme of the Charters the Diftindion js cxprefled, and the ftrongeft Declarations made, and the mofc folemA AITurances- given that the Settlers Ihould DjOC have their Property taxed without their pwji Conienc hy their Reprefentatives, though their kgiflarive Authority is limited at the fame Tiiific, by the: Subordination implied in their Relation, tnd Tjicy are therefore reftrained , from , making A6(s of AiTembly repugnant to the Laws «ff ^ff£« lani^ and, had the Diilioftion not beep ^xpreife?. thtt* Piiiv^ers given would liavc i mplied, it,^ . ipx^ il thfiParlian^nt may ia any Cale ioterppf^,, yvbe^i 4f)M?(AlsbcfKy of the C(^lonies is ade^^^a^f to^he < 'i \ J> Qc- i OccACvonfiiMUii iifi&:£ihiced byjLjbhHfcSpb^Hrdintitioil tatthorilfoji^ Gtmmtfi'it maj in t<^rj Ciifev whidli srioiiMr irlake amther Appdtoidn; !mDr9 piid)inrii r ^ : : tr-l^ £^r». •i'»M .-■t*^-*'*V\ V »**■ vBecaufe the Parliament mayi tvhejnthe Relatioi^ bfcween G^tat Britain and her Colonics caUs for ftn EhttTttdn- of her Superintendence, bind thenCl^/ lanit$-h> :Si»tute, Aerefore a ParliamiS&taf j^Jn^j teqjpiition io every other Inftance^ is jtiftifiaWey iraiinlii&rence that may be denied nQhftn*)ciTi / -5^501 V">AX '- .t,->'-. ■■■■ '••";■ ;^i2 '>A^ loi ^^n;.' : ■ "j ^.i lOa-ibnic1EniergehcJcs» the Kitig^ lijr dicCcm^; i^.itudon, h? u^e. Monarchy by any exprefs Law ; it neceflarily re- iuln: f romothe Ead a!nd Hskture of GovefciUni3it, biitwhta would infer fromthis, that iJi^i^^iiQg^iin eVerylnftsince, o/ upon every OccafionviCMi, upoii ths- Principles of the Cpnfticutio^ exerci^^th^ fuplroite Power ? .: ^rf;? >o .^'rj F f)ao 7c h^ht BriiifiMmfters h^vci in the rtwft tKe&Jos^ Terms, at different Peiiods^»/rpm the Reign qf Charles Jli to that of the pcefent-King, recognta^ tiiis Diftinftion in their Reqiiifitipn^j tmnihittxed to the Colonies toraifeand levy /Men imd IVfemfey, byAdstjf Afiembly; andcecentiy, mthti.Qimft & profSK^i Compenfation for the £xpence They ihouIitiocBV.i in providing for the general Service. — They made good their l^romifei and, if all the: Monvy* raiiM in the <€)olonies, by A6ts of AfTembW^f in pur-ri fttfthce of tho Requifitions of the Britip Mini&rs^.* hath ra^ 'been repaid by Parliament a- .vq^^ coATidftit^ iiPart ^ it hat^. i^ 3: i i ) b .£ ^iCoold Tit^v v^ho made the Rcquifitions I hanr«^ men^OQcd^ or 'the Ail^mblies that complied wid^ thecm jnt^nd, br imagine the Faith oixh^.Knglij^ Gsosivenimelic was ro be preferred by a Recributiodir at one Time, of the Money difburfed at the Iji#? ftance, and upon the Credit of the Britijh Minifiryy ds^eed and fi^jpported by B,oyal JJfuraiket, and b9 e^^g it back again at another Tim&r Is this Method ^ keeping the Faith of Government t(| beianked among tine ** Improvements which have 'V btt^ made beyond the Idea of fonnei; Admi-4 t^MSiiibl*a):ibii&, i condtided by Minifters. igooraitt ^fiofn/tiie 'ImpoiPtance of> the Colonies^ or who t^im|)dtei>tly flcgleded their Concerns, or t were *6i diuepred by oiean Pufiuit% from attending to *^>'y-hemi?*Vi isi it abfelofely certain, that tficre lieijtri!r'»^^'"T '^'!* '■•'' ' *> 'M tjrfTol rnisb ot bsrTibni sf^^WfThcrfc was a Time when Meafurci of Brbven- itidn might have btfen taicen by^he Gdonics;U*w» There may be a Time wheri Redreft miyr be db- ztkined— Till then, Prudence, as weH'fesHDmy, 'Itcjuires Submiflion. ii'll; 'locn jrtot/l £— ^yMf?. '/It 1$ prdfiimed that it war ai • notable Service done by New England, when the MHitra of th^t Colony reduced Cape Breton^ fince it enabled the yBritrJh' Minifters to make a Peace lefs diiadVAnta- • gfeowB and inglorious than They •otherwJftVrntlift "^rioC'prompi: the j5r//?/^ Naiian to engage iif ihe bJ>cfcncc of the Coionics.*— He may be itoicGedto -ntbifek.that the Mtafurcs taKen ibrtfaci 'Profcefitibn of the Pl»itations, were not onliy cbnnfcdked^ii^ith .. * * ',' the 'U -\ 1 vV if « ■] the Intrtcfljs, but e\^cii nidceflSiry e^ thft; Beleiicc of .f)^ fubi- iift ar iaJnd^endcnt Kingdom afcer tjie Lois of her Colonics. — He may, without Arrogjincev hje inclined to claim fome Merit from the Exertion of the? Gotenies, fince it enabled Great Britain ultitn«t6ly to defend h^rfelf; I mean th^ltKindof Merit which aii^s from Benefits done to otheh, by t3ie Operation of Meafures taken for our own Sakes— a Merit moft illuftrioufly dilplayed itt the Generofity of Great Britain, when, with their Co'Ojpcr^doiiv fhe protected the Colonies tp pre- ^itIYtherfilfifL TiAi n- /rf ')no?-, J rnWfaehf an Houie is in Flame and the neijtt DNcighbour is extremely a6tive, and exerts hisBfi- n43eavoUTsf to extinguilh the Fire, whicby if not '^onqvicred, would catch, and confume his own aEwcHrtagi Idb not fay, that if the Ownerof the c/Houft wfedi had been in Flames, fhbuld, after the ^fiFire v*as fobdued, complaifantly thank his Ncigh- ^ Ibour 'gchcrally for his Services, he would be ab- :^ furdly trercnionious \ but, if the Affiftant ^ould - i afterwards boaft of his great Generofity, and claim ila Right to the Furniture of the Houfe which he :>iha'd aflGfted in Saving, upon the Merit of his Zeal I'iitndAAivityj' he would deferve to be put in Mind ^f©f theiMbtive of his Service. iirxwiT If the Advantages gained by the late moft gh- tirlous and' fucctfsful'War have been.lceured by an rMdeqmte Pfeace— If the Sueccfles that attended the ■ military Operations of the Britijh Armsi were die Effcift 'of the conjunft, Efioits of *thci:SnV//2> I^d- T^fw atei her G7/w7«?irj roufed by the Spirit, excited ,:\:hf the'Virtue-v^animAtcd by the Vigooii^iarid coh- diKfted^by^thc TOfdom of the ableit MHiiftler that cvec ri-y ! Pi in ever fcrved his Country, has there been no Com-* p^Tliktion received for the Chtarics &f*^iWati? Are the CoioRicB entitled tonatrwiit'for U ?' ^^ When - th« Befign is to opprefs tlw- ^ Colohies wijth Taxes, or qalumniate Che late patnotlciMi- nifter^ the Ewpeuces of ibiWar^ and the ,iff;^rl»//)r of lAie.' imtknal Dekt arc proclaimed: When tbe pvcient. all accompliihed Admimftra«ion \^ '^dbe celebrated, then is the immcnfc Value of ^th&iiew AcquifitioAs difplayed in the Wighte^ Cotouri, iricquifitions vait in Exrentv xtcbXy tf^iiOikiQ of xbc v^kuble Commodities belipngittg<» ikmf feveral Climates. The PoflTcflion o*J thoife4n' A'crZ/fc America^ enfures the Safety of the other "tf >JCoiotdcs i frht re, id fomuch. that mw ot^iff^^^^k' *^.:tous Neighbours, the Fw>z^^j. do not 'thiftlo^hfi''* 'V-Ipinance. kft worth retaining; ha^^mjgir^Jp^^^ '■KC.Mon (d LaHtfiana 10 the Spanktrdfi^o^^&dlif* ".given ^ioT cwF chofe great Qbj^<* S^tHiM^^^rX^k^Q Removal of the neutral Frcnchf ba^tl^ becl^ i^^ ready fettled by 10,000 Inhabitants, within the ^* „Campafs of Six or-^Sevcn YearSj * Fsjiovift'Gc •Matcly confidered iiS no more than-^proper-Sii^i ** tuation for a Fonrefs, whofc Garrifoft it eouki ' *^notfublift: Even Cape BreUn, that ba*«-tfn A^ptw. *' pepdage to the Frovince of Mcva^^ts^ia^^v^' "iiiiown now. to^ contairt Treafures; Ib'WO^hjiE o^^ '*.. Attention, as to b& rcferve^ -tOi^ th(«. Qwi^m* "i^'he MiRes there- are. not Vei'dg 5/ th«yis*f»s **- Mountains of Coaly vaftCKftj^iof -fttttHw^^iJ^ •luftand (5j>cft, ^nd^accelTible-i- naB^t^^^fieeqflf^ •Stolimi i«> ho irit neceffar5t^ioicofl»i5ibtt^^TO«P «( C( iC «(, (C «( V,l\ l^•>' ..K-t:^ > 6C «f FiWEflfgtfios-rrewyflifiW' fort carryifyg oaj-rh^*,' ^f^ ^No%MA. j/lMs Ifl^irdf and' aisle tiienci^baUriBg^ *' Shores in the Gulph of St. Laurence^ have an- *«/0{htir Fund of Wealth in their Filherie$v;.;Cci- ** r<^; is alceady a very flouriihing Colony* mha-> **/bked lly 90,000 Pebple, and their Demand i^ " GreafrBtifaitt tor a Supply of ManufaAurrs,. *' muft be ioamcdiately confiderablc. The Fckry ^v^V >be anochcr great , Branch of Commerce, Wfifi^tFiofida cs furprizingly fertile, and iuxufiamly. pjliodo^ive in its natural State, of every Things ''•And not only pronnrfmg, but adually prodctciiiig "* WiOi^s and &i)k, and Indigo, ^d ££ftf.*5j: . -j . Is j}«( Part of this Defcriptton the Ebullition x>f. an exut)eFant Fancy, and (hall we not caft one Glance of.^ecrorpfa£bion towards the Man, who, when liis Cqwiiiry was delpifed,!and in&iked, and funk idco tlm^»fA^ftbjt6t Condition of Oefpondence, by in- fpking hcr>^Son3 with that invincible Vigour of BsL-i twn^m* with which himfelf was animated, ; not oiS^ di^fcUedhbr Fears, fecured her ,Sa£€ty^i and rouievjed'her Honour, but hunnJbled her Enemies, and tQre>fro.m them the Refources of their ^rengcb^ anjd !;He Supports of their Ini'dcncc t^. -^l vinj.it . ■^n? uu ;:n fiAre theAcqutfitions ofihc War retained by. th« Pcj^ev fo tnelltmably valuable, and ought not: the Colonies to have iome Confidcration that %vet£';in- ftc^memai in the SucceiTes whence thole i^cqiuiir tions^ Bowed, and ftrained. every Nc^rve in the ^gei- lievalnService, to that Degree of Exertion, aSat WHb«ilt>it^<^lithe Power of -Great' Brita$M, all the amtzip^TAbtlMtes. of .hei Miniiler, and a]l the Qi|(lif3^Aiir> aod unp»raUekd Bravery of her nacibnal XiK|{tp6«lideAfive beyond ail tomier Example, {o were tbs 4 SuccclTc* u hi I) ' I > 11 SiTCceitbs of it beneficial. If the Expences attending the military Operations in yimerica^ %rt juftly to be charged to the fole Defence of the Colonics, and no Part of it to the Security oi Great-Britain^ or to the Views of extending her Dominions by ConqueO:, if all the Succefles of ^he War h^vc been atchieved by the national Arms of Create Britain alone, without any Aflillance, or Co ope- ration of the Plantations, ftill ought not the Oaipi againfl the Colonies in Equity, to be mitigated upon Reflexion or the Advantages derived trpih Them, and of their Contribution to the n^tionaF Revenue for a longCourfe of Years, during wbichi their Protedion put the Britijh Ration to very little, if any particular Expencc ? , ^^;XS^ , V >;'•■. . . ' ■ .' ■■ ' ,.'■-,■ ' • ■ . ■ ' • ■- ■ ■■■ ■ - • ' ' If moreover, Great-Britain hath an '* eqiiitobU Claim to the Contribution of the Colonic?^, it ojgbt to be proportioned to their Cifcumftancesii, and They might, furely, be indulged, with dis- charging it in the moil eafy, and fati$fa£tory Ma^-» ner to Themfelves. If, Ways and Means coaye-* nient, and conciliating would produce their C^xh tribution, as well as oppreflive and diigufting £xt actions, it is neither confident with Humanity, or Policy, to purfue the latter— A Ppjver may even exift without an afkual Exercife of it, and it indi- cates as little good Senf^ as good Nature to exer- cife it, only that the Subjefts of it may feel the Rod that Rules Them. Moderation may be ob^ ferved, and Equity maintained, at th^ f^me. Time that Superiority is alTerted, and Authority vindi- cated, whatever the Appreheniions of CufiUah^ mity, or the Infolence of Ufurpation may fuggeft* What is the amiual Sum expedfce^frotn tSfX^Sfh knies— what Proportion from eac!>7«iifiii(Jar, ^ their Abilities, extend f Th^{c Mattcri biVe been ;. , ,withou5, It been be^ zi;ii'i\mt;^\vfhcn the re^u.tn^ rublxantiaij|^ ""thi^*,((iomrncfcial Iht^refts of Great- BriiMftt, ar^j "' iFefeffed to eVery' other Confideration, and it '^^ **'h well known, that the Trade whence jtV *• greateft Wealth is derived, and upon which i,t'»j *• niaritime Poweris principally founded, depfcncl^^ "upon- a wifa'^Tid proper Ufe of the , Colonies,"' whkh ifhpliesy at leall, fuch an Undcrftanding qjT^ thtfir Circumftancesj as muft render it extremely.. «fj^',' i:0'f6rfr»;a',re4fprial?le Eftimate of their com*,. pifariyfe Wealth, ;an(J the Extent of their Abilities!/ '***^" PfopOhron of each Cclony, being fpe^nly' afceVtajnable at- tUis Period of uncommm KnQWr- ledge of their Affair?, why has the Courfe ott-^t fcrVed by former Minifters, when Su|)plies have been expefted from America, been negledted by the p/^flkrt^hy was there not the ufual Requifjtion- cbmttiunicattd to the Provincial Aflemblies, jn-" fte^d '6f exacting an uncertain and imequalStrm^ fVbifib ^ach Colony, by a Law abruptly pafled vyithr, out any previous Defiiult of thofe who arc affet^eX by it ? — I fliall not call it a Law repugnant to their G^iil'usj cancelling their Charters, irifringipg the rn'bft valuable Rights arid Privilege? o£ Briiifi S-ah- je(isj derogatory from the Faith and Honour of Government, unjuft and cruel in it's Principles, rigblfbus and opprefllve in the Means providcdfoc' itV'feiecution, and as pernicious in it's ConiV.^ quCnCes to the Mother Country, as injurious .tO-cHi^ Colonies in it's immediate Operation, but \ may e Claim of the G- hniti^ ^c, th.:it Mary lana availing herfelf of the Prqte^tion o( i^irgiftia and Penn/yivatiia, contributed nothing to the common Defence. This Writer from a View of fomc Map of North America imagined, it ihould feem, that Virginia and Penr/yl'vania w6re fettled io as tc encompafs Maryland i but the 1 ruth ik>' that fhe Frontiers of Maryland were as much expofed, asthofc of ^e rext Colonies, and the Faft is moreover faMe, for I have ^leen well informed that Maryland contributed near 50,000 /. and in- curred befides a confiderable Ex pence, which is novv t Dibl upon the public journal of that Colony, by putting her Militia into aftual Service; and that an unhappy Diff ute, attendi^witha v«ry heavy provincial Charge, on fomeTopick of |*rivijcge«wajih« Tcal Caufe, why the Grants q( Maryland were not more liberal. After ail, there have been Inftances, I Tpeak not ofmbrCmyfltrn Times, in which the Paifimony of the Parliament hath been com- plained of, and the Notion of Privilege carried to,a,gfe4vt'ength by the Houfe of Commons; but thiefe ha^ye ^ft^^Ji^n thought •feiid Reai'ons for Gripping their ConiUtuent; of tlieiir Rights. . been -?1 [ ^7 ] bwii entertained with Refped, and produdlive of all tlie Effefts that could reafonably have been ex- pected from Them. A petty American Affembly would not, in Anfwer to fuch Requifitions, have impertinently recommended the Redu6lion of ex- orbitant Salaries, the Abatement of extravagant, a«d the Abolition of illegal Perquifites, the Ex- tindion of ufelefs Places, or the di^anding of uri- deicrving, or ill deferving Penfioners, as a more proper and beneficial Method of relieving the public Burthens, than a new and heavy Impofition upon ufcful and induftrious Subjedls. Have great Things been promifed for thfe Eafe of the People of England^ and hath a Meafure ^bccn fallen upon, that, by putting, the Accom- plifhment of them at a Diftance, aHd keeping Ex- pectation alive, it may contribute to the Prolong- ation of a Power, which, in the Interim, wrll find fufficient Opportunities to gratify the Views of Miniderial Avarice or Ambition ? i: . If a Sum had been liquidated, and a pr^cife Dciftapd madcj it might perhaps have been Ihewn, if prcfportioncd to the Circumllances of the Colo- nics, to be of no real Confequence to tlie Nation -, and, if above their Circumltances, that it would, with the Oppreffion of the Plantations, prove rui- nous to the Srilijh Manufadlure^ -, but, whilft Mat- ters are thus vague, and indeterminate, any Attempt to (hew that the Sfamp Duties will be inadequate to the promiled Relief, diftrefs the Colonies, and con- fequently beggar the Briiijh Manufacturers, may be obviated by faying, that " the Ad is in the Na- ♦.* ture of an Experiment : if inadequate, other •* Methods may be fuperadded ; if inconvenient, ** i: may be repealed, as foon as difcovefedi" and. ^f ' E 2 Hints [ 28 ] IJioits rDay be diFOwn Gut at the UmtTme^ a»v c(v^riih the Wpp.es of the Natioii, that dicrc wtex\{^ - bc^Gr<;>un^$ toexped ^ the Mcaiure will bo pco^/ dy^ivc «f all that can be dcftrcd or wifhcd. r^mio The frugal Republicans of J^ortb-Jmerka (if the Brifijh Inhabitants there are to be dillinguiAied by a Nick'Name^ becaulp it implies that They arq Enemies 10 the Government oi Engliin4i and ought therefore to be regarded with a jealous Eye) may I^e allowed^ without derogating from the vaii and prodigious Knowledge of a Minifter, to be ac- - quainted with their own internal Circumftanccs - better than a Stranger, who muft depend upon |n- fc>JlTi;uion \ and that too, molt frcqucndy, of Mer^ ngt themoft:emincntfortheirCandour,diftingui(hcd ' by their Sagacity, or rcfpecStable for their Integrity. " Had Requifitions been made,and theSum demanded ' been equitable, and proportioned tq their Circum- ft^nccs, l^hey could have fallen upon Ways and' , Me^ns lefs oppreffive than the Stamp Duties. They have frequently taxed Thcmfelves : They have tried various Methods of Taxation : They know^, by Experience, the eafieft and leaft expenfivc;— - The Meaning or Conftrudion of their Levy- Ads' ii lettled : They can be carried into Execution, i not only at a fmall Expence, without e:!!thaufting a confidcrable Part of their Produce by the Multi^ 4 plication of Officers, and their Support j but with-*' * • ,It is siTerted by the Author of The Claim of the CoJo^its, ji J iz'c. that the Merchants trading tQ the (eveiral Colonies gave in ■'» an'fif^ifnate of the Debc due toThemfrom the Colonies, amount- *' lag to 4,ooo,i, . 'ill -^ll i iThe national Debt is heavy, and it is a popular'^ Scheme to draw from the Colonies a Contributiori'^ towards the jRclief of the Mother-Country.— The -^ N^anner of effedling it is not carefully attended to;'^ or nicely regarded by thofe who cxpe6t to receives^' the Benefit.— The End is fo ardently defired, that, whether the Means might not be more moderate, i? not fcropuloufly examined by Men, who think Themfelves in no Panger of Injury or OpprelTion from their Severity. It is affirmed to thofe who cannot detedt the Fallacy of the Aflcrtion, that Millions have been expended folely in the Defence • of America, They believe it, and thence arc eafily*^' perfuaded that the Claim of a Contribution from- '' the Colonies is juil and equitable, and that any M*-sifure neceiTary to fecure it, is right and laud* able.— It is reprefented, that unlefs the Colonies are ftripped or the Trial by Jury^ and Courts of Jdmiralty are eftabliftied, in which Judges from England^ Strangers, without Connedtion or Inte- xtS. \n America^ removeable at Pleafure, and fupr ported by liberal Salaries, are to prefide ; unlef^ Informers are encouraged and favoured, and the ^ccufed moiV rigoroufly dealt by, that the Tax will be eluded — and thefe Severities are excufed on Account of their fuppofed Neceflity. The Colo? nie§ are defpribed to be a numerous, Bouriihing^ : • It was formtrly held to be a grievous Oppreffibi), that, l^i.- ' ftead of having Juflice at Home, the Engiijh Sobjcft was draWn ' to Rfttu hy Appkals ; but an Jimeriran is to ht drai^n^ from Home, in the i'irst Instance; as well as b^ Appiaisi'^^ "^^ *"- * V ji^^ and 7 'A ^^1 1*"' r so] fnd op^tlcnt Pn.ilExpcncc, by i'axrs ibtr^t i>nly tl>e picitul Skmu oH 190/. per Year, tor tho CbllcS^VK'y.i ot" wliiih, an Eftabliihment of Officers, nttendcd with '"Kc Kxpcnc« of 7600/. per dunHm^ is ntocfil'.ry.' — Upon thcle Prcmifics, tlic Unciuiiicfs fef the Colohles, ac bcinij; forced to brin<]c more inro the common Stock, appears to be unrcafon^ ^tble, if not rebellious ; and 'I'liey fecm rather to "el-eicrvc Rf|>rchcnfion and Corrcdtion, than Favour 'and Induij'-cncc. ' •? .». i\ ,/i'r.,\ ♦• f - The SuccefTcrG of the War were obtained as well by I he vi^rotous Efforts of the CrJcnies, as by r!ie Exertion of Great Rr'uain — i'he Faith of 6>^^/- '■Briinin harh b^en cng.ged in the moft lolemn Manner, to re-pay the Colonies the Monies levied by rnternal Taxations ibr the Support of the War.**- |s if confiftent with that Faith to tax Them i<% 'Y/a:cli finking the Debt in Part incura^d bv th^c Re-payment ? Tb«? inimenfe AccefTion of Ferri- tory, and Value of the Acquifitions obtained by the Petice, is the Confequence of the Succdics of tiie War — The Charge of the War is Icffentrd by ttie Advanta?cf; rcfultins; from the Peace-- -The Colo- nies^ fop a long Courfe of Time, have Iarge'ly'C«>n- tribuced to the public RovenUe, and put (jreat- fritain to little or no Expence for their PVotec-iP 'f tion.^Jf it were equity bie to draw from Them a furrb.er Cotuributioii. it does not therefore follow, that it is proper w> force it from Them, by the harlh ^nd rigorous Methods eftablifhed by the Stamp"- A<-ti an Act unequal and difproportioned to /iw> Gir- id uftful People, the Privileges They had, in their Opinion, earned and merited, andjullly held M' [ 3> ] held moft dear. If They are really In Debt, the Payment of it hath not been refuied, . it hacLi not been dcnnanded. — If one Subjctit, grown, gidd/ with fuddcn Elevation, flioukl, at any future Tc- riod, radily declare, tha: die Colonies Hipuid be taxed, ac all Events, in tiie moll ri^oroii^ Mai\^ ner ', xnd that Millions of indudrious and ufe/ul Subjeft»lhould be grievoufly opprefled, rather than himlclf depart from his Chaia6ler of Pertinacity atwl Wilfulncfs, check the Impulfe of a tyrannical DiTpoCition, or forego the Gratification of his Vanity, in a wanton Difplay of Power, SubmifTuMi would be an admirable Virtue indeed, if not the Hffed of Impotence. ' {' n ii 1 .. That the Contribution arifing from the Stamps Duties is difproponioaed to ihir Circum^lances from whom it is exa<^d, js p^anifeft j for Tbe-y will |)Foduce in cacb Colony, a greater, or It js Sua:y, not in Proportion toits Wealth, but to the Mukiplicity of Juridical Forms, the Qiiantjiy (^ vacant Land, the Frequency of transf-VTriug Isnd^td Property, the Extent of Paper Negotiations, the Scarcity of Money, and th? Number of Debtor^. A ^rger Sum will be cxaded from a Tobacco- Colony than from Jamaica ^ and it will not only be higher in one of the pooreft Colonics, and the leafc abk: to hear it, than in the richcili but the prin- cvpsl. part of the Revenue will be drav/n from the pooreft Individuals in. the poorelt Colonies, from Mortgagors, Obligors, and Defendants. If this be true, does the A<5t deferve the Encomium of, being a Mode of taxation the .eafuft,^, and the imfi €<^li a Duty upon Proferty fprcad lightly over a ^eo{ Variity of Sul^e£fs^ and heavy, npon^ none, I . ■%. 6. li [ 30 The Commons 0/ Great Britain, moreover, ,, in tfi^tCkpkK:\ty cf Reprefentativei Hot only Giveand._ (5rito/ ttjlj 'ftx)perty of the Colonier', but, in my ^rtftriiftion 'df the Stamp- A6t, (however icyery Reader may examine and judge for hinifelf)' G/'w and Grant Wo to certain Officers 6f the Cmwn/, a Power to tax Them higher ftill ; for thefe Offi- cers will not, I pfefume, be called njtrtuai'ftepri^, fenttfti^es x.oo\ and what they fhall think fit to levy, by an ingenious Extent of the Fiction, wjiL Mt be cohlidercd as levied with the Confent of the Colonies— The Inftanccs, I believe, are r/ir^,Jd^ which the Reprefentatives of the People of "Vi^j*-' / <^^^f CiJftoms and Excife in the Price q£ his jCon^- *' futnpcions)4]p.i Reafonto complain," if immijenift, Sums are raifcd upon the Inhabitants of the Co- lics tf^Wit^tf. ^4if,rGV. i: •iBy fuch Artifices and Sophiftry, is IgnorancQ m^ed, Gredtility deceived, and Prejudices ex^ pked. Thus Opprcffion gains the Credit pf Equity, Grutlty paffes for Modcratio*;, and.Ty* ranny for Jufticc •, and the Man wJio defervesh— r-t Reproach, is celebrated by Adulation, and e^pr plauded by Delufion for his Wifdom and patriotic Virtues* ' . \i< '■<»• 4.f ■ ,/t>f-» n j;?f he Truth is, that a vaft Revenue arifcs u> tte Britijh Nation from Taxes paid by ohe Colonies i» SiiE AT Britain, and cvcnthe mofi ignorant Britiih fitittager^ not impofed upon by inStmous Miffe- prefentation, muft perceive, that it is of no. Con- fequencc to his Eafe and Relief whether th* Du- ties raifcd upon America are paid there^ and thence ifterwirds remitted to Great Britain^ Or paid at j^ upon the produce of the Colonies in Gi'^^f^ Britiiiik -OJUii'i? '{'J "^^^ In the Article of Tobacco, for Inftalac«> the Planter pays a Tax upon that Produce of his Land and L^our confumed in iJreat Britain^ more than Six Times the clear Sum received by Him for it, belides the Expences of Freight, Cortimiflionvaind other Charges, and double Freight, Commifiion and Charges upon the Tobacco re-exported, by ^kh the Brit^ M^rcbaat?, Mariners Andi other j^iVi^ Subjeds, are fupportjed-*^ T^ix, atkiafl:, equal to what is paid by any Farmer of Great Sritaifty pofleflcd of the fame^Dm which 't'hey derive their Subuftence, and^ the . !l>iflijr,. fuppota thoD'^j Artificers, the Manofadlories, and Navigarlon of
    *« fiftcnt,' wife and falutary Plan olf Colbhizatibh'' *' and Government, a Plan founded upbn- thife'' ^ " Principles of Policy, Commerce and Finance," "J-- chtiics to V-^otiih at one Blow, all their I^rivi-' -? leges as they ; underftood Them, that hfe nfliy'i"' raifc in America, a Part of what was before paid in Great Briimn, Biit if the Execution 6f it, inffead* t)f irnt>«"Oving the Advantages already pofrcfTedV't'^ confirming the Bleffihgs already enjoyed j and pra^' ^4 inoHng the public Welfare, fhould happen tb' di-^^j Jtrefs the Trade, reduce the Navigation; impbve-^%'"'' rilh the ' Mahufafturers, and diminifh the Value -'^'^ bf'-^the t^ands in Great Britain -, (hould it drive the''j^ Sr/V|/^ Mechanics and Manufacturers to' :JfiW y^ tlla mm profuermt q^Ua dejpexeram^ - ^^j io V). [ 37 3 , T-he Right of Exemption frorti all Taxes iwVi&-fci^s; out their Confetti J the Colonies claim as JSlr/'/^JSuliMinJl jedsi They derive this Right from the commonrff > Law, which their Charters have declared and* f A, confirmed, and They conceive th^t when ftrippedr:^t of this Right, whether by Prerogative or .by any t other Power, they arp at the fame Time deprived of every Privilege diftinguilhing Free-Meii il%V^ :nj!. On the other Hand, They acknowledge Thein« fdvesto be fubordinate to the Mother Country^, and that, the Authority veiled in the fupreme Council of the Nation, may be juftly exercifed ta fupport and preferve that Subordination. i-p.;)! nj t>fi;:; -V 6reac and jufl Encomiums have been beftawed upon the Conftitution of England^ and their Rp- prefentative is dcfervedly the Favourite of the In-!» habitants in Brifain. But it is not becaufe the fuprepie Council is called Parliament^ that They .1 boaft of their Conftitution of Government ; for there is no particular magical Influence from th^ Combination of the Letters which form the Word \ it is becaufe They have a Share in that Council, J that They appoint the Members who conftitut^ Qne Branch of it, whofe Duty and Intereft it is tq confujt their Benefit, and to affert their Rights, gnd whp are vefted with an Authority, to preveni: any McaAires taking Effeft dangerous to their ^f , berties, or injurious to their Properties. .^^j, ||:^,y But the Inhabitants in the Colonies have , nq Share in this great Cpiwicn, Npn? of tHe Mcnor bcrs of it are, or can be of their Ap^lhfeenr, or in illy Refpeift deperi'darK upon Theiffii: '^hcre js QQ, immediate Connedticnj on the contrary, ^*' ^ ' there I there " may fee an' Oppoliticn oi^ In ceftfft ; ' WW puerile thtn Ts the Dcclanlafioh, ** What wlH'be- 'j come of the Colanics Birfhfight, and iha glo- *• 'rious Siecurities whinc wcfaid tif inclined to fufped thatitrlifap- pofed, fomiethlng elfc thaa ReKedbn may on thi$ Occafion conduce to Perfuafioiw ' ' "The En^li/h Subjcds, who left iheir f/^/o^ Country to fettle in the Wildernels of Jtmrica, had the Pfjvifcges 'of »/j&>r, £«?^i/^^. They kncw.theif Yalue, apd wci*€ diefirous of'havirtg Theip peiYetuated to their 'Pofterity. Tht y wetJ: nware.that> as their Confent whiift They Ihoulcl rtfidc IB sAmmca^ could neither be allcex.1 nor re- gularly given in the national Legiflature, and th^at If. ,f hey were to be bound by Laws without R^- (Iridion, affcAlng the Property they fiiould earn by the utmoft Hazard and Fatigue, They would \^Q every other Privilege which they had enjoyed jn their native Country, and become mecr Tehantfi «t Wiir dependant upon the Moderation of their Lords and Mafters, without any other SeQ>Qf6nt|..and toiiufor .: v-r ,. ■■•-.-. rm foom mt-'fm^'i-:'-- t ' [ 41 ] lbiTl'«heJrObjeaHon Yo a Taxkfron,'dywtoth^ir Confc^ ks not, nor can be givtn, fAa/ Thiy'Vre fitting up a Right in the Crown to difpenfe with /ids ■ Iff ^drkament, and to deprive the Britifti SuhjetlsJn •America of the Benefits of the common Lhw^ \i io cx- trcmdy abfurd, that I Ihould be at a Lbfs to ib- €ountibr the Appearance of fo ftrange an Argli- ment, were 1 not apprized of the Unworthy A As ennployed by the Enemies of the Colonics to ek- cite llrong Prejudices againft Them in the Minds ©f their Brethren at Home, and what grofs In- iCongroities prejudiced Men are wont to adopt. * " '1^ ' ^hoiTgh lam perfuadcd that this Reafoning huth 'klrcady been fufficiently refuted, and that no fen- fible and difpaffionate Man can perceive any Force in it, yet I cannot help remarking, rhit it is grounded upon a Principle, which, if it were pof- fiblc for the Examiner to eftablilh it, would en- title him to the Applaufe of the Inhabitants in 'i €rent Britain^ as little as to the Thanks of the Colonies, %.■'■■' ' • ••' From what Source do the Peers of England dc- rHvc their Dignity, and the Share They have in the Britijh Legiflature? Are there no Places in England that derive their Power of chufing Mem- bers of Parliament from royal Charters ? ' Will this Writer argue, that the Crown may, by Pre- rogative, tax the Inhabitants of Great -Britain^ becaufe the Peers of England^ and feme Repre- fentatives of the People, exercife aiegiflative Au- thority under royal Patents and Charters ? It •rinuft be admitted that all the Members of the feMoufe-of Commons are freely chofen by tftc Peo- |)le, and are not afterwards fubjeft td aftylnfftw 'iOtee of the Crown or the Miniftry : And are nol . ' - G the ■1 ' : m t 4? ] the Members of the lower Hovifcs of Aflcmbjy as freely cholTcp ailfo by the People j and, in Faa,iis independent as the Members of the Houfe t>f C(?mfnahs > If the Truth were confclTcd, ttiC QHedion \Vould not be, that the Colonies are too ^^endent upon the Crown^ or that their Claim of Exemption from all Taxes, not impofcd by their b.wn Confcnt, is founded ttpcn a Principle leading to Slavery. At one Time, the North Americans are C2\\t^ Republicans \ at another, the /ijfertors of J^efpotifm. What a ftrangc Animal mult a Kortl^ American appear to be from tht'fe Rcprelentations to the Generality of Englifh Readers, who have never had an Opportunity to admire,- that He may be neither black, nor tawny, may fpeak th^ ^ngliffo Language, and, in other Refpci^b, leem; for all the World, like one of Them ! ■if'..-- ■: »^ '^* The common Law, the great Charter, the ** feill of Rights," are fo far from " declaring, " With one Voice, that the Inhabitants of the Co- *• lohies Jhall be taxed by no other Authority than ** that of tlic Bri*ifh Parliaments^ that They prove the contrary j for the Principle of the com- mon Law is, that no Part of their Property fhall he drawn from Briti(h Subjects, without their Confenty given by ihofe whcm They depute to rcprefent Them ; and this Principle is enforced by the Peclaration bf the GREAT CHARTER, &nd the Bill of ' Rights \ lieifher the one nor the other, introducing tiny new Privilege. In Great-Britain^ the Confcnt; of the People is given by the Houfe of Cornmons ; and, as Money had been levied there for the tjfe ,6f the Crown, by Pretence of Prerogative^ ipiihout 'their ICdnfents it was properly dedared at the 'Rt^ volution, in Support of the Conftitution,' Arid j^in ' VinJlc^tign of the People's Rights i' that -the' ii%^- r^t vfdfi'-JlA iG. jngo^ Money, by PrcUnce of Prisro^atii^e^ witnqu^ Grant erf Parliament, /. e. without their* Cohfent who arc to pay it, is illegal, which Declaration ' was moft fuitablc to the Occafion, and cffcdualjy f ftabjUnios the very Principle contended for by the Colonies. The Word Parliament^ having been made ufe of, the Letter of the Declaration is adhered to, and thp Confequence drawn, that no Britijh Sub- je(^ can be legally taxed, but by the Authority of the Britijh Parliament^ againft the Spirit and Prin- ciple of the Declaration, which was aimed only to check and reftrain the Prerogative^ and to efta- blifh the Neceility of obtaining the Confent of thofe on whom Taxes were to be levied. Is not this a new Kind of Logic, to infer from Declarations and Claims, founded upon the nccelTary and eflen- tial Principle of a free Government, that the Peo- ple ought not to be taxed without their Conlenr, thgt therefore the Colonics ought to be taxed by ain Authority, in which their Confent is not, nor <;an bp concerned ', or, in other Words, to draw an Inference from a Declaration or Claim of Pri- vilege, fubverfive of the very Principle upon which the Privilege is founded ? How aukward- ly ar? the Principles of the Revolution applied by /on^e Men ! What Altonifhment would the Pro- moters of that glorious Meafure, thofe Patrons Jpn4 Friends of Liberty, did They now tread the ^- Stage, of this Weld, exprefs, that z fFord, by .^>ivhich They meant lo affert the Privileges of the - gjubjcAj and reftrain defpotic Power, fhould be Icjied upon to demoli(h the very Principle by^w jiT{)j^Bifc)ves were anirhared,. gnd after .^U ' their .Pains arid Hazards .:to efti^bliflr ^^^ §^5'^|S^^ ?^^" ojiitnents of Liberry, tbtrt^tiiore who feel aria enjoy '**'\^* ' G 2 the [44]. the BIcir»ngs of their fucccfsWSfruggkjs, ilM>i]U - not te able tp raili; a Thought bpjfpnj %U^. Wcaia* i a^*S^v*i?j)iftcii)atic Term?.. n oj ilUi^i^K ^k ,x?i^'» It was declared alio by the Bill of Rtghtf^ that, ^j the Elc(5lions of Members of Parliament ought to be free, and the common Law laid down the fame Rule before, which is as applicable to tlie Klcftion .; of the Reprefentatives of the Colonics, asof tl\«^ :, Commons of Great- Britain, But wit{i the Help. \ of the Examiner's Logic, it might be proved from .» the Letter of the Bill of Rights^ that the Ele one Voice declare, that the Inliabitants of the Co- lonies ought to be taxed onl'^i by the BritiJId Pftrli^* ment, it is not confident with that Charaftef q^ , Vigilance, and Jealoufy of their t*ower, commop^ ly afcribcd to the Brttifh Parliament^ that, from their firft regular Settlement to the Reign of Ceorgs\\\^x\i^ American Aflemblieslhould not.only have, been fuffered, without any Amm^dverJion, without one Refolve, or even a fingle Motion tb reftrain Them, to encroach iipon the Jurifdij3:i()w and Authority of the Britifh Parliament \ Bui; ij^^j the Parharnent Ihould never before |:he late Stamp*' ^ J5iy in. one Inftance,. have impofed an interna) Tax tipon the Colonies for the fingle Pwo0^. Rcvem.^ ani;i that, even when, A£ls, of ^.^ifei]jib3^ pa^^d in Cweqweo^ce of liiioifiejtitai inibrtcj:;b|r royal k 'I [45 J- royal Requifinons lure been laid bcforr Them,'^T'' They (hould be fo far from ofcjcdling'to their Va-V lidity, as adually to recognize the Authority of' the provincial Legiflatures, and upon that Foun-., dation fuperftruft their own Refolvesand Adls. , •■J "^ii « But thotigh if hath been admitted, that th^ Stamp- A^ IS the tirft Statute that hath impofed ail", '' internal Tax upon the Colonies for the Jingle Pur* pofSi^ Revenue, yet the Advocates for that Law ' contend, that there are many Inflances of the Pariiameht*s exercifing a fuprcme Iceiflative Au»;,*'^ thority over the Colonies, and adually impofing intirnal 'taxes vipon their Properties -^ that the Duties upon any - Exports or Imports are internal' Taxes-^That an Impoft on a foreign Commodity is as much kn internal Tax» as a Duty upon any Produdion of the Plantations*— T!iat no Diftinic- tion can be fupported between one Kind of Tax^ and another, an Authority to impofe the one ex-^ ;. tending tx> the other^ "\^'V>^ 0>J If thcTe Things are really as reprefented by the Advocates for the Stamp Ad, why did * the Chance/lor of the Exchequer make it a Queftion for the «> * i have prefumed to mention this Faft upon the Authority of privato liitelligencc, as welt as the News Paper«, andotkei* FubJtC4tioM, aiid though thct Chancellor of the Exchtquer i» not n9ine >^,the Fail feexns in general to be refcriitd, {9 in the i'pilfcript t^ t^efcelUnt Litttr (»nctrning LibeUt t^'firrfiHtJi Seizure of Paper^^ aud^^ccwrityfif the Paaciy &t« in the fo!Io\yin|^ Word«: *• Otberwife (i, t* if it were not right for the Pfti- *' iK^ipeiit to refolve general W^iirants 10 be IHegal) iet me af)» " iiow thai: fnamentous Kefolution touching- an ^^^Ks/i^x^A'*^**' V nie^fs kifi^t of taxing the -Colonies could bejjuljtm^fi.^.. it *' was an fndependent fubAantiye Refolotion, folWw^d by NOf '* thing»^ (ut. tliat SeflSgh) and vet was a Uefoltttieh ti6tOtA)f . ii.v..i * i " of in" >i> i 01 r ^s 1 thf Coa.jrideration of the Jrl^ufe at ComrhofJsV}' whether the Parliament coiiM \mpottzn internal T'av in the Colonies or not, for the J^n^k >Furppff^ efi^eviiiml '.U r^U !. It appears tome, that there is a clear ^nd rje- ceilary Diftindion between an A6t impofing a Tax fi^j^^lie Jingle Purpofs of Revenue^ and thof? Ai5ts' which have been made for the Regulation oF Trade, and have produced fome JRevenue ifi Cmbf fequenciof their Effe^and Operation as Regulatipns of 'Trade. , . *>:^H J The Colonics claim the Privileges of J9f»//j/!5 ^ubj66ts-^lt has been proved to be incpnfiftenj; with thofe Privileges, to tax Them wifhcut ikdr own Confenty and it hath been demonftrat'\^-' '-'^^ v.> The Subordination of the Colonies, and' the Au*' thority of the Parliament to preferve it, have b^en fuUy acI municated his PJan to and defired the Opinion of Baron Pfffen- ^J^M^oa it, who obferved that as the Qucftion had not been fettled upon clear and undeniable Principles, and there was a Mixture of Faft and Right, the Confederates might contend .«v t They have a Right tq diflrefs the Enemy, and, as the Medo^ «4i anaiin that Purpoie, to reftrain the i rade of the Nbrtherq Ptowers, a-n Argomencthat witk fupcrior Force wdtild be e/ffic, makes them Aflets, and applies Them, to Vd tha Payment of Debts and Accounts contrafied V by the Father without the Particip,ation of tbt Sstt', it fets afide the Sort of Evidence required by the Common Law, and ejlablijhed by everjf Court ofjujiice in America, in Proof of a Debt, and enjoins the Admiflion of an ex Parte Affi- ^^ davit. The Power of Parliament having been *' exercifed to take away the Lands of the People in ;^^ America, the mod facrcd Part of any Man's .Property, and difpofing of Them for the Ufe of private Perfons Inhabitants c/ Great-Britain, who can queftion," fays the Examiner, " the Parlia- ment's Right to take away a-fmall Part of the Produds of thofe Lands, and apply it to the \r^ fublic Service?** ^'j/ Itis veryobfcrvable, that in applying this Statute, a Language is made ufe of, which gives the Idea of Violence ; and it muft be confeffed, that great Aggravation of Features, and ftrong Colouring, /,werp neceffary, to make it in any Degree refemblc the Impofitions of the ^tamp^ASi, It would be ufeleff, as well as tedious, to point out every Mifreprefentation in this Application, •iince that it will be pffedlually done, by briefly (hewing the Effedl of the 5th Geo, 11. and /ug- gefting the Occafion of making that Statute; Lands, Negroes, i^c. in the Plantations, arc made Afiets for the Satisfaftion of all Debts owing to his Majefty, or any of his Subje^Sy in like Man- iner as Real Eftates are, by the Law of Eftgland liable to the Satisfadion of Debts due I^y^pe- ciaitVt ^iiXiii^-vA , , l-MVff |£ * .jivX«i\"\iri. •Sw ci- (ft ■na '\1 [■'51 ] ^)' If the Creditor refides in GreaUBrilaiUy the Af- fidavits of his Witnefles taken there, are to be allowed as Evidence, and to have the fame Force their Tcftimony would have, if given, viva Vacti in open Court* 'The JEvidence mentioned in the Statute, pre- vailed in moft, if not all the Colonies, before the Statute, and Lands were alfo liable to the Satis- fai^ion of all Debts in iiioft Inftances, by the Me- thod prattifed alfo in the Court of Chancery in England^ of marlhalling AiTets. In fome of the Colonies, without this Circuity, Lands were im» mediately liable to fimple Contrad Debts. Independent of the Statute, when the Credttor ^ obtains ajudgment againft his Debtor, all his Lands, ,^ ^f. over which he has a difpofifig Power, are liable^ J and, fince the Statute, only fuch Lands, ^c. are Aflets, as the Debtor had a Power to difpofe bfl -;,; It appears then, that all the EfFe6t of the Statute on this Head, is to fubjedl Real Eftates to the Pay- ment of Debts after the Death of the Debtor, (for .. the moft Part, the Cafe before the Statute) w4iich ,,v might have been made Subjedl before his Death. In many of the Colonic?, the provincial Credi- tors of the deceafed Debtors, were preferred to the Britifhy in the fame Degree, by A6ls of Alfembly ^«jj which carried the Appearance of Partiality ; tho* vjrj m Fa(5b, the EfFeft of the Laws of England gave 1^1^ rife to Them 5 for, upon Bankruptcies m Great- %^^x\ Britain^ the Steps required by the Statutes to en- -Hrj^^itle Creditors to a Satisfadion, efFeftually exclude Cblony Creditors in moft Cafes, and their Diftance, U when their Debtor? die in Great'Britainy where Co- lony Creditors have not (landing Agents as the H 2 Merchants ,"};■' t 52 5 Merchants havp in tlie Plancatioos, and there h;tp«s^ {)ens a Dtjfi^iency of Aitets, (huts them gut likc*t wife frorp all Cliancc of Satisfa(5lion in the ufual^ Scramble. among Creditors for the Debtor's £,ltate" on fpch Events. , m tm-^t: Tn fome of thd Colonies They changed^ by AAs of Aficmbly, certain Species of peffonal Property^tw e.g. Nfgroes, into the Nature of real Eftates, byn; making Them defcendible •, and, by this Alterattji lion ot the Common Law, and Confufion of tho tbi^mer Dillindtion of Property, very confiderablyri . diniinjlhed the pcrfonal Fund, liable to ^// De|ai;^,,,i'l ■»rii As thefc Circumflances were reprefented and" believed to be great Difcoumgements to the Trade of the Mother Country, after repeated Requifitions to provide a Remedy in the Colonies, in \vhich tho Grievance wac mod fenfibly felt, had been difre- garded, the Statute was finally made. his waSj without Doubt, a Subje^l upon which the Sviperintendence of the Mother-Country might be juftly exercifed j it being relative to her Trade and Navigation, upon which her Wealth and h^r. power depend, and the Picfcrvation of her Superi* oYity, and the Subordination of the Colonies, lare fec^jred, and therefore is comprchep^cd in. -the Pifti/i'aion, ,, j, .^.uoib After citing, and applying this Statute^ the Exi aminer takes Occafion to iniult a Gentleman of a moil amiable and refpe£table Chara61:er, bficsufe he prefumed, it feems^ to quefl;ior\ the Univerfality of parliamentary Powers ^nd appears to b^ jTo totally occupied in the Bufmefs of Defamatioiji, aa not,; |p be 4W5ire of his running into the? i^nQftiegre* ...^ aibu« if -.Tn r 53 ] . gioys Ihconfiftcncics. If the Examiner is a Law*' yer, he has betrayed the moft fhameftil Ignorances, : if an Agenr, the mofl: infamous Unfaithfulhi^fs.^/ Had the American Chief Jujlice adled in England^ as too many of his Countrymen have done— ^Had He paid his Court to rower, by mean Conjpji- ances, and endeavoured to recommend himfelf^by inventing A ccufations againft the Colonies, byre- prcfenting the Inhabitants in Them, as a refrac- , tory, dilioydl, and rebellious People, and by pro- pofing Scherhes for tl.fir Deprefllon — Had he not Hrmly maintained his Charadler of Honour and Probity, we fhould not have feen this Imjpeach- ment of his Underftanding •, but he left the Talk of Proftitution to the Man of fordid Views, "**( . s^n Jlle fuperbos Jdiius Return, ''" Pf' Durajq-, fores, ixpers Ciomnt . , -^iiff Colat ' - ■ ■ H *f!»i'^ " Had the Colonies," fays the ExaminCf, agreed to the Impofition of the Stamp-Duties, " a Precedent would have been eftablifhed for their being confulted, before any Impofition upon Them by Parliament would hereafter "take Place." He intimates that They were advifed by fome of their Agents to take this Courfe : If fuch Advice hath been given, it was weak or irifi- dious, and the Agents, who recommended th6 Meafure, ought to be removed for their Incapacity or their Treachery* (t cc i( (( A i *.! r- *^ j -^ ■• •.rl How \V6uld the Precedent have been efeablifhe J, or, if it had, what would have been thie Ad- vantage ? This Condudt would hiave admitted, that the Colonies might be taxed at any Tinie, and itii any Manner, without their Conf^ht ; and ? confe* I [ 54 1 Jfc/av,' 6>nfrqacntly, would at once have been ah <^fi^€!^ tual Surrender of all their Privileges as Briiifh Sul> If Precedents were to be regarded, ' wheii a Tax in America^ for the Jingle Purpoje of Revenue » required, they are not wanting. Upon fuch Gc- cafions, the Courfe hath always, and uniformly been, *trll the Impolition of the Stamp-Duties; to tranfnnitRequiritions to the Colonies ; and, if the Indance cited by the Examiner, is, in any Degt*ee pertinent, he has (hewn in his Appendix, that the Method of Requifition was in /Wpurfued ; for, .the Lords of Trade, in their Report, exprefsly mention the Refufal of the Colonies to comply -with the Requifitions tranfmitted to them, to re- move the Grievance complained of. The Claufe in the Mutiny A6t during the late ,* ^ar is alfo relied upon, but with how much Pro|>riety, few Words will evince. The Ads of Affembly of each Colony, could fcave no obligatory Force beyond the Limits of fcatK i but the Service of the Colony Troops, was •tiot cbnfined within the fame Coiotiy int which Th'ey were raifed •, it is therefore evident that the Fi'pivincial LegiOd cures, had not an • Atithority adequate to the great Objeft of the milrtSry Ope- Ja&ns \ti AmeHca^ which was not merely the De- fence of the Plantations, by Meafures ^exiecuted "witfiin their Boundaries,, but the Enemy was at- jb, tacked in his own Coantry, arrd f6r tHiS' Ptifpofe the Brikjb and. AntetknH' Troops adVed' fcorijvirhiftly. j^jbn this pccafipn it was n^tot\\y eon^nienc, that - Hhe "t^rdops e'inployied 'in trhc' fame Servicey (hduld tie Aibjedt to the fame Difcipiine, btfc it was indif- penfably [ 55 ] pcnfably ncccflary that this Difciplinc fliould b^ cftablilhed ky 4Q of Parliament ^ the Authority of Provincial Legijlatures bf ing deemed to be incom- petent. And it is to be remarked, moreover, that the Provincial Troops were raifed and paid Sy tlic Colonies, and that it was in the Power of theii Af- femblies,a Fowerexcrcifcdbyfome of Them, to dif- band or reduce Thcip >yhen They pleafed, and therc- /ore their fupporting and keeping them up, was an cfFedtual Confent to the Ad of Parliament i bur, as hath been fhewn, an internal Tax may be as citii- pleatly and adequately laid in every Colony, by the Authority of the refpeSiive ylJjhnblieSy^ as by the Britijh Parliament, and therefore there is not the fame Necefllty for the Interpofition of the Mother Country in this, as in the other Inftancc.. and the Colonies with Reference to the Stamp-Ad, are not called upon to do any Ad expreflive of their A f- fcnt to it, nor is it in their Power to hinder it's taking EfFed in the fuUeft Extent. **.»' The Ad for the EJlabliJhmnt of a Pofi-Offict in the Colonies (9 Anne, c. 10.) comes the neareft to the Subjed of any Regulation that hath been men- tioned •, but yet it is niaterially diftinguilhable from the Stanip Ad. For the fame Reafon that an Ad of Parliament was neceffary to fecure the Difci- . plinc of the Provincial Troops, ading in Conjunc- tion with the Briti/h Forces, during the late War, the Authority of Parliament might be proper for the gciieral ^{^ablifljment of a regular PofttOffice, i for as the L^aws of each Colony are in then- Opera- tion coii»fii>e4 within the Lipiits of each, prohibi- -, Cor^y and compulftve Claufes to inforce a genital .vObfervance, without which the Eftablilh men t would x; /ail, might be eluded. If a Man fliould mali- I>l,^,^jLifly:;give a Wound in one Cplonj^, and the J5i>A ;ijivr 9 \<^ounded I I wounded Pcrfon die in another, tlie OfTenclcr couM not be convifted of Murder, becaufe the whole Fad conlticuting that Crime, would wot be cogni- zable in the Colony where the Wound was given, or the Death happened •, and the fame Principle is applicable to every other inferior Otfence, and in- timates in what Manner prohibitory Claufes might be evaded. 1 his Matter therefore of the Poft- Office, may be referred to the general Superintend- ing Authority of the Mother-Country, the I'ower of the Provincial Legiflaturcs being too ilinted to reach it. In this View, and upon the Confidera- tion of the general Convenience and Accommo- dation arifing from the Eftablilhment, the People of America have not complained of it, but if this Inftance were more pertinent than it is, it would only prove what hath been too often proved before—* when Men do not lufpedl any Defigns to invade their Rights, and fubdolous Steps taken to that End, are produdive of immediate Convenience without pointing put their dellru£tive Tendency, They are frequently involved in Ruin before they are aware of Danger, or that the Condu6t flowing from the Negligence of innocent Intentions, may afford an Handle to Men of different Difpofitions^ for the Commiflion of OpprelTion— Of the Truth of thefe Obfervations the Hi (lories of all People, who have once been blefled with Freedom, and have loft it, exhibit abundant Examples, 'fWt "Wk^n Inftances are urged as an authoritative Kcafon for adopting a new Meafure, They are yroved to be more important from this Ufe of Them, and ought therefore to be reviewed with Accuracy, and canvaflcd with Stridlnefs. What js propofed ought to be incorporated with what, kath bp^n done, and the Reluit of bgth ftated :- »n4 t 57 ] »hd confidered as a fubftatntivc original Qucftion, and if the Meaiure propofcd is incompatible with, the conftitutional Rights r/f the Subjcd, it is fo far from being a rational Argument, that Confift- cncy requires an Adoption of the propofcd Mea- furc, that, on the contrary, it fuggcfts the ftrbngeft Motive for abolilhing the Precedent : when there* fore an Inftance of Deviation from the Conftitution is prefled as a Reafon for the Eftablijhment of a Mcafure ftriking at the very Root of all Liberty j though the Argument is inconclufive, it ought to be uSfu4. "Wherefore if a fufficient Anfwer were not given to the Argument drawn from Precedents, by fhcw- ing that none of the Inftances adduced are appli* cable, I (hould have very little DifEculty in deny- ing the Juftice of the Principle on which it is founded. What hath been done, if wrongful, confers no Right to repeat it. To juftify Oppref- fion and Outrage, by Inftances of their Commif- fion, is a Kind of Argument which never can produce Convidion, though it may their Acquief- cence, whom the Terror of greater Evils may re- •ftrain from refilling, and thus the Defpotifm of the Eaft may befapporred, ai.'* the natural Rights of Mankind be trampled under Feet, The Quef- tiou of Right, therefore, doth not depend upon Precedents, but on the Principles of the Confti- tution, and hath been put upon it's proper l^ginc already difcuffed, whether the Colo nies* arc fe^e- fcnted, or not, in Parliament. ^ -• As the Name of Hampden occurred to the Ex* aminer,in his Defign of cafting an oblique Re- flexion upon the Colonies, it is furprifing he did not recoiled, that very numerous rrecedcnts have I been [ 58 ] been applied in the Defence of an arbitrary ami ' opprerilve Proceeding, dellrudlivc of the cifcntial ' Principle of E)igUJh Liberty. But though meer Ads of Power prove no Right, yet the real Opi- * nion entertained of it, may be inferred from For- bearance j for Mankind are generally fo fond, of Power, that they are oftner tempted to cxcrcifc it beyond the Limits of Juftice, than induced to fee Bounds to it from the pure Confideration of the Rcflitude of Forbearance. Wlicrefore if I had denied the Principle of this Kind of Reafoning, without fhewing the Defcdls of the artificial painted Precedents which have been produced, I might dill very confidently urge, that, the repeated and uni- form Rcquifitions of the Engliffi Minifters, as often as Occafions for the fingle Purpofe of Revenue have happened, tranfmitted to the Colonies to tax Themfclves by Provincial Ads, and the Ads of* Parliament regulating the IVade of the Plant^-| tions, as well as of Ireland, without one Inftance, before the Stamp- Ad, of a Tax impofed by Par- liament upon either, for tlie unmixed Purpofe of Hevenue, prove, that the Impofition of a Tax upon them without their Confent, hath conflantly been held to be inconfiftent with their Conftitutional Rights and Privileges. I have joined Ireland with the Colonies, and prefume it will hardly be con- tended uiat Ireland, over which the Courts of Juf- tice in England liavc :i riirjerinteridant Power, is not, at lealt, as fubjed to Great-Biiiain as the Co- lonies are. ' iJ j A mofl: extraordinary Reafon hatli oeeh given». why the Method of Requifition would have been improper, z'iz. that " the Sums raifed muft be ** paid into the Exchequer, and .* levied by the " Provincial Afiemblies, the Parliament would ** have no Right to enquire into the Expenditure « [S9] *' of them." This is lb extremely futile, that it would be alniofl abfurd to bellow a fcrious Refu- tation Upon it. '( Why mnft the Sums raifed be paid into the Ex- chequer ? If the Intention is to apply them in th© Colonies to any internal Purpofe, why muft they; be remitted to Grcat-Britaff 't If Armies are to be kept up in America^ to defend the Colonies againft 'J'bemfHves^ (for it can hardly be imagined that Troops are iieceflary for their Protection agiiinft any foreign Enemy) or are to be employed in the national Service of Cropping the Ears, and Slitt- ing the Noftrils of the Civil Magiftratcs, as Marks of Diftindlion *, why muft the Money be paid iiito the Exchequer ? Or, if it fhould be paid into the Exchequer, in order to be applied towards finking the national Debt, why might not the Parliament enquire into the Application of it ? Does the Examiner, in his Idea of the Parliament, figure to himlclf a Monfter with an Hand that can reach to the utmoft Verge of the Britijh Do- minions, and clutch and crulh Millions of Subjedls at a Gripe ; bur, when the Objedt is near, apt to be rendered, by fome magical Influence, io Ihort, and fo feeble, as not to be able to reach the Ex- cbequer^ or to fqueeze the Chancellor of it ? We are aflbred that there nes^er can be any ir- regular " Attempts of the Prerogative upon our " Rights, whilft we are blefied with a i'rince of the '* glorious Line of Brunfz'ick upon the Throne of •' Greai-Britain." I have all the Confidence in the excellent Difpofitions of our prelent moll gra- cious Sovereign that an Englijhman ought to have, but I can't penetrate into Futurity j and, as the • Scs the Narrative of the Outrages committed by the Sol- diery, on Mr, ]\.\^iQQJValhr\x\ Canada. I 2 Exami« [6o] E«amiFicFJiath not yet eftablifhed the CharaAei* of a Frophei^ 1 multconfider this Affertion rather as a curious Specimen of Lip-Loyalty, I will not call it extravagant Adulation, than as a fober Re- commendation, to furrender all thole Guards and Securities of Liberty, which the Conftitutton of a Frf the Eeniale Difpuianti who uled to filencc Debate^ 'by cry* ing out, Gad. hUfs the King, and vj'^at baispu to/ayi to thajt ? ftaiy. ^( «. C( [ «' 3 fei^ly, and that where Eftatcs may be catily raided by. mere; Tillage^ the TeniptationB to '' Manufa(^ure ate wantingv and Mcn^ who can •' depend upon their Indudry alone, will not. have " RecQurfc to Arts for Subfiftence." But that which Pcrfuafion might not efFc6t, and to; whith peculiar Circumftances might be adverfe, Necief- fity, and an Alteration of thofe Circumftances, may accomplifti. When the Alternative is pro- pofed, and the one Part of it aflures Succefs, and a comfortable Support by a moderate Application of. Induftry, familiarized by Ufe, and rendered eafy by Pra\^^\\^ fj' ^"It is not contended that the Colonies ought to ' be indulged in a general Liberty of Exporting and Importing every Thing in what Manner they? pleafe \ but, fince they are hindered from making all the Advantages they might do, and what Ad- vantages might they not make, if under no Checks? They have a good Plea againft all Rigour and Se- verity, not abfolutely neceflary. That Britijk Manufadtures *come dearer, and not {q good in Quality to America^ as formerly, is a very general Complaint -, and what Effed it may have, Ihould they ftill grow dearer and worfe in Quality, or the Colonies be rendered lefs able to confume them, is a Confideration which concerns Great-Britain^' at leaft as much as the Colonies. An Increafe of Price, and falling in the Goodnefs of Quality, is the ufualEfFedt of Monopolies •, there is no Danger of Foreigners taking Advantage of this Circum- ilance in America^ whatever they may do in other Countries -, but the Induftry it may give Rife to in' America, when otlierCircumftances concur, is not' difficult to be foreleen. ^'It muft be acknowledged, that the Balance of^ Trade between Great-Britain and her Colonies, is^. confiderably againft the latter, and that no Gold or Silver Mines have yet been difcovered in the old American Settlements, or among the 'Treafures of the new Acquifitions. How then is this Ba-^^- knee to be difcharged .'' The former Tirade of the' , 'It., ■ —' ■■ Co- [6n . Colonies,, which enabled them to keep up .^heir Credit with Great-Britain^ by applying the Balance they gained againft Foreigners, is noyv fo fettered with Difficulties, as to be almoft prohibited. la order therefore to reduce the Balance againft them upon the Trade between the Colonies and Great- Britain, this Trade muft be contraded, fo as. to bring the Scales to an Equilibrium,; or a Debt . will be incurred that cannot be paid off, which . will diftrefs the Creditor as well as the Debtor, by the Infolvency of the latter. The Income alfo of the Colonies which, was before in veiled in their Trade, will be diminifhed in Proportion to the Produce of the Stamp- Ad, and therefore the Amount of that Produce muf^ He drawn put, which will create a further Red;.i6tion pf , ,the ( . ■ f - ... ,- '- I confefs that I am one of thofe who do not. perceive the Policy in laying Difficulties and Ob- •ftrudtions upon the gainful Trade of the Colonies with Foreigners, or that it even makes any real Difference to the Englijb Nation, whether the Merchants who carry it on with Commodities Great -Britain will not purchafe, refide in Philadd" phia, Nezv-Tcrk, or Bojion^ London, Briftol, or Liverpool, when the Balance gained by the American Merchant in the Purfuit of that Trade centers in Great-Britain, and is applied to the Difchargc of* a Debt contrafted by the Confumption of BritiJJj Manufadures in the Colonies, and in this to the Support of the national Expence. * '-■ '' . ' If in Confequence of the Obftrudions, or Re*- gulations as they are called, of their Commerce, and the Impofition of^-Taxes upon their Proper- ties, the Colonies fhould only be driven to 6b- ; ferve illMi m 'I m i I 2!^ 1 64 r ferY<5;^i[hcftrifl;cft Maxims of Frogalityi tlvc Cwt* fequencet 3iiMi>i»id rather be difagreeablc than hmt- ful — Should they be forced to ufe new Methods of, Imduftry, and to have Recourfe to Aits for a Supply of NcccffarieSj the Difficulty in Succced- ing^»WQuld prove left than the Apprehenfion of Mifcarrying) and the Benefit greater than the Hope of it. There are few People of the hig^h* eft, and even of the middle Rank, but would* upon a ftri6t Scrutiny into their ordinary Difburfe- ments, discover fome Articles that would adtrrit of Defalcation. .^ prudeiit Man, conftrained to abridge his Outgoings, will confider what Articles of Expence may be retrenched or given up, without Dillrcfs or Difcomfort ♦, and if, after this faving, lie ftiU finds that his Expences exceed his Income, he will then confider of what Articles he can provide a Supply by the Application of domeftic Induftry, or whether fome tolerable Subftitute may not be fallen upon to anfwer the Purpofe of what he c?ifi neither buy, nor hath Skill or Ability to fabricate*; He will refledt that the Expedient which s at firft but an indifferent Shift, Ufe and Experience will improve into Convenience, that Fradtice will confer Knowledge and Skill, and thefe Facility and Satisfa6tion ; and though the Progrefs fhould be flow and gradual. Habit will grow with it, and produce Reconcilement and Content. . .:;. What are called in North^Amerka, Luxuries^ ^ ought for the moft Part to be ranked among ^he- Comforts and Decencies of Life, but tbefe iwiifc noti be rclinquiihcd, tf a Supply of NeceflarJKB*' ma^ be pmvided by dome&ie indu^y#Ma6i»£aitu va::.': Food, [ 65 1 Food, thank GOD, They do not, and for Ralrn«fit ■ They need not, depend upon Great- BriMin, ~ Any thin Covering in the Summer to preiervU* Dcccacy, and fubftantial Cloathing in the Wmter " to repel the Cold^ are fufficient for domeftic Ser- vsnts and Labourers, and thefe may be provided '^ v/ithcut any Remora to the Bufinefs of Tillage^ I for there are many Intervals in which it is fuf- pended. There are Times too, when the Em- ployment is fo (light as to be rather a moderate: Exercife, than a laborious Ta(k, when the Work that is done might be performed by half the Num- ber of Labourers without exccfTive Exertion, or CJthaulHng Fatigue. There are befides in moft Families thofe, whom the Fceblenefs of immature Years, or their Sex, at particular Periods, or the Decrepitude of old Age, ciifcharge from the Du- ties of Tillage. Leather, and Wool, and Cot- ton, and Flax, are at Hand : How eafy then is the neceflary Cloathing provided for thofe whofe Station does not require any Attention or Regard to Fafhion, or Elegance ? fo eafy, that many have already gone into this Manufacture without any other Impulfe, than the Spirit of Induftry, which Cannot bear Inaftion, though the Savings on this Head have afterwards been neglefted. In thi« very confiderable. Branch fo little Difficulty is there, that a Beginning is Half the Work. The Path is beaten, there is no Danger of lofing the. Way, there are Diredors to guide every Step. But why (hould they ftop at the Point of cloathing X^abourers, why not proceed, when Vigour and Strength will increafe with the Progreflion, to cloftth the Planters ? W^hen the firft Stag-e is ar- rived at^ the Spirits will be recruited, and the fe- coed &ould be undertaken with Alacrity, fmce it i K may «'> [ 66 ] njaybfc ()crf6rmcd with Eafc. In this too, the Experiment hath been made and hath fucceedod. Let the Manufafture oF Amtrica be the Symbol of Dignity, the Badge of Vh-tue, and it wiU foon break the Fetters of Diftrcfsi A Garment ©f Linfey-Woolfey, when made the Diftinftion of real Patriotifm, is more honourable and attrad'iive of R.efpe£l and Veneration, than all the Pageantry, and the Robes, and the Plumes^ and the Diadtm of an Emperor without it. Let the Emulation be not in the Richnefs and Variety of foreign Pro- dtididns, but in the Improvrement and Pcrfeftion of our own— Let it be demonftrated that the Sub- jeds of the Britijh Empire in Europe Tn^d America are the fame, that the Hardfhips of the latter will' ever recoil iipon the + former* ,. ,^ In Theory it is fuppofcd that each is equally important to the other, that all partake of theAd- verfity and Depreflion of any. The Theory is. juft, and Time will certainly eftablifh it; but if another Principle (hould be ever hereafter adopted in Pradlice, and a Violation deliberate, cruel, un^ grateful, and attended with every Circumftance of Provocation, be offered to our fundamental Rights, why ihould we leave it to the flow Advances of Time « tri . t Upon a Surmlfe that a certain noble L — d, was the Au- thdr of fbme Hardlhips infiii^ed upon the Colonies, a reproich- ful and mifchievous DiRindion hath been made by romePeo- , pie, between the Natives of S — /— — Wl|y to nake Men Adverfaries, to call and treat Thefa* as fti^fhi^— — Bifide^i layip-g afide thiy Cdnfidtmtbn, the DiftlrW^feft ivcx* --:; tremely •J [6H Time (whkh may be the great Hopp an(J. Relir affM, probably, of the Authors cf the lojunr,. wlipl^ View it may hi to aecomplifli their Selfilh r^irpofes in the Intervai) to prove what inigl^t be demon- ftrated immediately. — Inftead of mopipg, .^nJl puling, and whining to excite Conxp^on ; in f^ch a Situation we ought with Spirit, and Vigour, and Alacrity, to bid Defiance to Tyranny, by expc^- ing' its Impotence, by making it as contemptible, 9fi it 3«ould be deceftable. By a vigorous Appli- cation to Manufactures, the Confcquence of Op- preflion in the Colonies to the Inhabitants of Great- Briiam, would flrike Home, and imn^ediatdy* None would miftake it. Craft and Subtilty would not be able to impofe oji the moft ignorant and credulous ; for if any fhould be fo weak of Sighc as not to See, they would not be fo callous as noc to Feel it.«-^Such Conduct would be the moft du- tiful and beneBcial to the Mother Country, It would point out the Diftemper when the Renjedy might be eafy, and a Cure at once efFe(Sted by a fin^lfi Akoracion of Regimen«^ Of this Meafure fliould there be Appreh,enfions, and Minifterial Orators and Panegy rifts endeavour ^ 1 ■ i ■ ' troiaeTy unjail; for though there is too much Reafonto believe that (bme Natives of Jmerica, and of E — g prefs, generally produces or prevents future Im* i- pofmons. In common Life a Tamenefs in bear-f^// mg a Deprivation of Part of a Man's Propeft%, t^h pncOurages Rapacity to feize the reft. '-iri ^fr.r) Any Opprcflion of the Colonies, would intimatflh.^ij an Opinion of them I am perfuaded iheydo notjj ,,( defervc, and their Security as well as Honour i-ij,> ought to engage them to confute. When Con* < tempt is mixed with Injuftice, ^ndlnfult with Vio* -,,i lencfe, which is the Cafe when an Injury is done to him who hath the Means of Redrcfs in hi$ v% Power; if the injured hath one inflamnriable Grain of Honour in his Breaft, his Refentment wilUnyti* gorate hisPurfuitof Reparation, and animate his '^ Efforts to obtain an effedual Security againft aRe2 ""^^ petitisa of the putr,g?. ; ; ^'■^^'^'l;'^^ If'fhe CafeTiippofed IHpuld really happen,. thdi^^'^> Rerehtmbnt X ihould recommend would bb a; l^alj'^^^,^"^^ orderly, and prudent Refentment, to be exprenea ' '' '^ .'. in \l "7 JJ Jk >> r II 1b j^teiVouis^ahd yigofpus * Induftryv in an-j i^nm^ diace life aVid unsibatihg Application o£ the A4;^ vantages we derive from our Situation — a Refent>( mertt which could not fail to produce Eff^dU a,s bei neficial to the Mother Country as to the.CoU>nic% and which a Regard to ber Welfare^, w^U as oj|;)forrt own, ought to inipirc us with on fuch an Occa(ion*,vbi 1 ; ^ ...... ., : |tjow''fi91l'/5^ Tfife Gchcfal Aflemblics would nor, I fuppofe,«).li have it in their Power to encourage by Laws,, thch,..t Profccution of this beneficial, this neceflary Mea- iiire v but they might promote it almoft a3 effcA^' ualiy' by their Example. I have in my younger Days feen fine Sights, and been captivated by their dazzling Pomp and glittering Splendor •, biit tha Sight ot our Reprefentatives, all adorned incomw .r pleat Dreffes of their own Leather, and Flax, and i Wool, manufadtured by the Art and Jnduliry of the Inhabitants of Virginia^ would excite, not tl\c Gaze of Admiration, the Flutter of an agitated Imagination, or the momentary Amufement of a\ trartfient Scene, but a calm, folid, heart-felt De- lights Such a Sight would give Me more Plea- fure'than the qioft fplendid and magnificent .Spec- tacle the moil exquifite Tafte ever painted, the richeft Fancy ever imagined, realized to the View —as much more Pleafure as a good Mind would receive froi^i the Contemplation of Virtue, thaa.o'? • The ingeftious Mr. f/i/»iff obferves in his Hiftory of James 1, |tbat thit £«|/j/5& fine Cloth was in fo little Credit even at Home, tjiat the King was obliged to feek Expedients by which he might engage the People of f afhion to wear ic, and the Ma- nufafture of fine Linen was totally unknown in the Kingdom Ayhat an Encpunjigement to Induftry ! 'V\(\s, yery penetrating' ' Gentkrhftn aHb recommends a mild Gctierntnent, zi a piroper.u '\ Meafur*4cw; pr efcrving the Dominion of England av^t her Co- ''^ of ")5r I'fl'nq y> ^d o:^ ni r 70 .] of £l6g;aiice i ^ the Spirit of Patriotifm, than die Oftcntaiioa of Opulence. — "^— ^r— ^i Not oqly, *' a$ a Friend to the Colonics," but 1$ an Iiihaibitanc having my AU at Stake up^fi their "Welfare -f, I defirc an " I^xcmption from Taxes ** unpoicd wiibcut my Confent^ and" I have refk£^> ed longer than *' a Moment upon the Confei- quences :" I value it as one of the deareft Privi- leges I enjoy: I acknowledge Dependance on Grtdt Britain^ buc Lean perceive a Degree of it without Slavery, and 1 ^^&i^vi all other. I do not expe6): that the Interefts joi the Colonies will be oonfidcred by fome Men, but in Subferviency to QSh£t Regards. The £f^^$ of Luxury, and Ve- naltcy^ and Oppreffion, Pofterity may perhaps ex- perience, and SvirricifiN-^ os. the Day wjuj. be TH2 £VU. TH£R£OF» ... • :h4jS*«f-&r ^^-^w/ff/iw/, &€. Page ill* f)f' (■■i- V. : , . r.\ ;("• ;•;• ,.\kt, [7« 1 ^- 'ifcrt* .*-** bL JLJ2. :.->wi>attt.? .k III 1 1 ff^-^ t r s I" n It tt e o B APPENDIX. ./-f F- BY the 1 2 th Charles II, the Colonics are rc- (trained from fending the Prodii<5ts enucnerat'* ed in the Aft to any foreign Ports.— By the i^thoi the iame King, they are prohibited from importing Commodities of the Gtowth or Manufatture of Europe, except from Great-Britain, faVing a few Articles mentioned in this Adt. '• A Law, ^htch rcftrains one Part of the So- ciety, from ticporting its Produfts to the moft pro- fitable Market, in favcur of another \ or obliges it to import the Manufadures of one Country that are dear, in (lead of thofe of another that are cheap, is effectually a Tax. For if rhe profitable Exportation, and the Importation of the cheaper Commodities were permitted, a Tax equal to fuch Gain in the former Cafe, and to the Saving in the latter, would leave that Part of the Society, in the fame State and Condition, as if under the Pro- hibition and Reftridlion above- mentioned. As for Inftance, in the Cafe oi Importation. Suppofe a Country which I will diftinguilh by the Name of A, can piirchafe Commodities of the fame Kindy and equal Goodnefs, 20 per Ceiit cheaper of B,, than (he can of C j^-then it is clear, if A is pro- hibited from taking thefe Commodities of B, and obliged to purchafe them of C, that A is juft in the fanfie State and Condition, as if ine were allow- ed to purchase the Commodities of B, on payinef thereon a- Duty of 20 per Cent to C,— This [ 7» ] Infiance, mutatis mutandis^ is equally applicabfa to ihc Cafe of Exportation. Hence it appears, that the Country favoured by tlie Prohibition and Rcftriftion, gains as much thereby, slu it would do, if the proportionate Tax were paid to it, upon taking off the Prohibition and Rcftridbiorij or, in other Words, the Profit which the one is hin- dered from making, in Confequence of the Pro- hibition and Redridion, is made by the other, in whofe favour they have been introduced. • It hath been obferved by a well-received Writer the Subjedt of Trade, that " a Prohibition ac- knowledges the Commodities it is laid on, to be good and cheap, otherwife it were ncedlefs, and a Prohibition on the Goods of any one Nation, gives a Monopoly to other Nations, that raife the li)ce." — Again—" A Prohibition againlk any one Nation, makes other Nations, having the like Commodities, take the Advantage and raife their Price, and is therefore a Tax f. If a Prohibition, extending to one Nation only in favour of many, confers a Monopoly, and is therefore a Tax j a Prohibition extending to all other Nations in favour of one, is indubitably fo. From Virginia and Maryland are exported, com- wunibus JnniSj 90,000 Hogfheads of Tobacco to Great Britain^ of which it is fuppofed 60,000 are thence re-exported. But thefe Colonies not being permitted to fend their Tobacco immediately to fo- reign Markets dijlributively^ in proportion to their Dematids, the re- exported Tobacco pays double Freight, double Infurance, Commiffion and other Shipping Charges. The whole Quantity is, more- over, of Courle much depreciated ; for going all to Great- Britain, the Home-Market is overdone, by. t Sir Matthew DecHtr, which on «« <( (C <( 4C therefore Hand at J per C?rjf, 3^ 10 5i A Bale of Englifi Cloth coding - - -^ £. too LucUides an artificial Value of - - - - 51 The artificial Value fubftraded, Ic^ve^i (he iiAti^ral Value :raded, ) i$ ;V0 Ha; '>*' '* I 74] But left the Eftimate (hould be objefted ro on account of it's including 20 per Cent for Mono- polies, i^c, I will ftate the artificial Value arifing from Taxes, only to be 33/. 6j. 8^. which will hardly be objedcd to, for being too high. The Colonies, it is fuppos'd, take, "% annually, Manufadtures from f £» 2,000,000 Great-Briinin^ to the Amouiit of ^ :;i> :'-^ Therefore they pay an annu- \ .^ AL Tax of - * To which muft be added] Freight, Infurance, Com- I • niilTion and Shipping Char- I ':: g€S, amounting at leaft j to IP per Cent, the Half of | which, as it might be faved >• by back- freight, 6ff. were the Colonies permitted to import dire^ly the Manu- faftures of foreign Coun- tries, is computed at - - "What may be the Amount' from the Reftriftions, on all the Enumerated Com- modities (except Tobacco ! , exported from all the Colo- ! ., nies, with Subfidies re- f taraed and Dudes laid, upon the moft moderate I Computation, may, 1 fup- pole, be ftated ,at - - - J {^.666^666-. 13: 4 100,000: 00 : o 150,000: po : o £.916,666: 13: 4 Part of the Commodities- fen c from Greai-Britain «to-the Colonies, is liril imported iiuo Grcat-Briiain from [75]- From foreign Countries j but the EfUmate is. rtot\ exceptionable on that Accouot, for the general Calculation on the advanced Price of Brittjh Ma-" nufadures, is extremely low. — Several of the fo- reign Commodities receive their Perfe(5lion in Bri* tain. — All of them are enhanced by the Articles of double Freight, Infurance, Shipping, Charges, the Merchant Importer's Commiflion, the Englijh Tradefmaii's Profit, the Merchant lixporter's Coir/,- milTion, and Subfidies retained. , If the Colonies •were not reftrained from dire<5lly importing foreign Commodities, they wot Id, it is preibmed, pay lefs for them, '^ven by 50 per Cent, than they do> at preient. It hath been already obferved, that there are fnipped from Virginia and Maryland, annually, a*: an Average, about 90,000 Hogfhcads of Tobac-. CO, 60,000 of which, or upwards, are re-exported from Greai'Briiain, to foreign Markets ♦, but they pay to Great-Britain, for the Reafons above ex- plained, 3 /. per Hogfliead, i. e. the Svm of 3 U upon eachHogfhead might be faved if the Tobac- co might be inmediately and dijlributively fent to the refpedtive Markets, in Proportion to their De- mands •, and an equal Sum is paid aifo to Greats Britain, upoa the fame Rule of Computation, /'. e. that thefe Colonies pay what they might fave, if not reftrained. For, though the Engiijh Ma- nufadurer gets the Tobacco he wants, without the double Freight, ^c. yet he has the Advantage of the Glut, and an Opportunity of buying it as cheap, as it is fold in Great Britain for the foreign Markets, before the Charges of double Freights, i^c. are incurred, and therefore the Planter gets no more for his Tobacco fold for Homey than thac which is fold for Foreign Confumption, and gon-- L * fcqucntly [76 1 feqiiehtly pr.ys as much for it. For there is great Jltiafon to imagine, that if thefc Colonies were at x^ibcrty to lend their Tobacco immediaiely where they pleafed, the, Market in England vould be as profitable as thofe of Frafice, Hollandy &c. — But when the Tobacco, under the prcfent Regulation, \% purchafcd for Re-Exportation, the Purchafer undoubtedly confiders the Expence he is to be at, before he gets to the foreign Market, as Part of the Price of the Commodity, and therefore lowers his PtiCe to the Merchant in Proportion. ''' The above Sum of 3 /. for ) /. each Hogfhead, makes i ^- ^70.009^^ cp,rQ^ The Amount of the fundry 1 Impofitions and Reftiic- / ^ ^^r . , ' tions before mentioned, T 9' ' ♦ ^J • 4 brought forward, - - - rj Total Amount of Taxes to? or rr^ Gre^t-Britain $ 1.186,666: 13 Beiides the above Amount of-^ Taxes paid to the Mother- Country, the Colonies in " , North-Amtrica fupport their own Civil Eftabliihments, ' and pay Qiii:- Rents to the >. Crown and Proprietaries, to the Amount (luppofing 6oo,coo Taxables, at the moderate Rate of KJ. each) 'Of ..:-.. , 4 fO n 450j06o : 00 s f ■\A Total Amount ofTaxes paid to our Mother Country, and the Support of our Ci- vil Eftablifliment, annually. ^uppofmg t 77 J Supf)ofiBg the clear annual Rent5\ of the Lands in North-Amsrka, I (unrcllrained by A6ts of Par- jiament) wou*d amount to - - ^. 2,500,000 It appears then, that the whole Tax is upwards of 63 per Cent; and if, therefore, the artificial Value of One tlundred Founds Worth of hritijb Manufi.i<5lure, (Cloth for Inftancc) is, according to the above Computation, 33/. 6 s. 8 d. there was, before the Stamp- J^., a Tax paid by the North- Americans, near double of that which is paid h/ the Inhabitants of En^Jcind. If the above Sum of 33 /. 6 s. 8 d. is too low, and ought to be increa- led, then the Tax on North- America, on the Ar- ticle of Manufadures imported from Britain, mufl: alfo be increafed. It Ihould feem that the Maxim of every Tax Upon Labour falling ultimately upon the Confumer of its Product, cannot be Itriftly applied to the Produ6t of the North- American Colonies. For, as they arc obliged to fend their Commodities to fome Port in the Britijh Dominions, or (where Indul- gence is granted to fend fome of tfiem to other Places) deprived in great Meafure of the Benefit of Returns, they are by this Means fubjeded to dead ^freight ; and moreover, being confined in their Confumption to a particular Man ufadure, and the Commodities they export, being chiefly raw Ma- terials, they have not the Means generally in the Power of other People, by raifing the Price of their Labour^ to throw their Burthens upon other's; but are, for the moft Part, obliged, both in their lixports and Imports, to fubmit to an arbitrary Deter- 9 f 78 ] Determination of their Value, though even below firit Coft. . The fanguine Genius of one of the Anti-ylmeri- can Writers, brings to my Mind the Fable of the Boy and the Hen that laid Golden EggJ. He is not content to wait for the Increafe of the PuWc Kevenue^ by that gradual Procefs and Circulation of Property, which an Attention to the commercial Interelh of the Nation hath ellabliflied, but is at once for tearing away the Embryo, which, in due Time, might be matured into Fullnefs of Size and Vitrour ; without ever reHc6ting, that when the Hen is deftroyed by his Viclence, there will be no more Golden Eggs. The following Paffagc jufcifics this Obfcrvation > " If w^ have from the Colonies their All a^ ready, we only have it (fays he) by Trade, and not by Taxes; and furcly it is not the fame Thinor, whether the Wealth be brought into the " Public Coffers by Taxes, or coming in by Trade, •' flows into the Pockets of Individuals, and, by *' augmenting his InHuence with his Wtalth, en- *' ables the Merchant tojpiunge us into new Wars ** and new Debts for his Advantage *.'* cc €1. ktnn the cvio wTttchird Tobacco Coloniey, ^ /, out ot tveiyy/, •' .\varticular Colonies, who, in a few Years, have raifed themfelves by their own Charge, Prudence and Induftry, to the Wealth and Greatnefs tbey are now arrived at, without any Expence to the Crown ; upon which Account, any Innovations, or Breach of their original Cbar^ ters, (befides that it feems a Breach of the Puk" lie Faith) may, peradventure, not tend to the King's Profit." Excellent Obfervation ! but how little it hath been regarded, the prefcnt deeply afflicting Diftrefs of the Inhabitants of North-America demonftrates j—a Diftrefs fuffi- cient to drive Men into Delpair, who are not ani- mated by the Hope, that -Deus dabit his (^OQL'E FjNEM. cc C( cc iiig^ Wtlnft themiby a BtU in Parliamctit. Price a^'^1i^Grtcvaiitef^i«rthe ifwmftw Colonics, can* ^-■didlf-eSiaftHhcd; Ptinred m 'Rhdde-yiand, Wy A\3thmxy of the Aflembly there.* ahdinicribta 10 Lord Dart^Oitth. Price u. 3. The Necefllt]^ tif repealing the ./jfatf»^4(fr Staito^ A£k dcnronilrat^: or a Proof that Grent-i^f^ Imn flairil be injo'itd iiy 'thJt Aft. Price i j. 4. Confiderations on behalf of the Cok>ailt$* 1^^ ^ ten at Fig/jf^r. Price w. ^T I I" i ^: % I I \ ) ^i ( f1 I