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Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 ':.J^ • *! •W j^*i{,*^.i^7{,^*^%^*^J^*^J^*^^*^ CASE O F G R E AT-BR I T A I N AND AMERICA, &c. %^1SwSf'^^'>l»*'^<*«'"«^'kSr*S<''»^ ^0^ i ,•-* ■ i. G A S O F E GREAT-BRITAIN AND I AMERICA, ADDRESSED TO THE KING, A N D B O T H HOUSES of PARLIAMENT. It is againft the liberty of the fubjeft, who hath a true property in his goods, which cannot be taken from him, without his adual or implied confent. Trial of Hampden. THE THIRD EDITION. DUBLIN: Printed fqr James Williams, at No.-,>s> In Skinner-row. MDCCLXIX. i r "rtnmmm ''.,1 ) T f - f ( • n .J. r I' > 1 i . l"t » . t 1 I : .'.'vii' ^l". ■ * ! : . ': '■ 1 .; .:L: -i'V ;■• -■■'ii i;j' :ou!. ' . '.0 !)■;.. -'/■. . . i ■ f • ■ < * i • '' !:\ '. 'i ! \ J ■'- .• \i:^Ji'.)0^^' J I . ^> e^ijfi^ 4^jv T H L A S E O F Great-Britain and America. ' -i- TH E affairs of Great-Britain and her Colonies, are at a crifis. If our juftice or our moderation didate to us the making any conceflions, they fhould be made whilft they can yet be imputed to our moderation, or our juftice. The prefent Seffion of Par- liament fhould determine upon fome per- manent fyftem. Great-Britain fhould fix the Fretenfions which fhe will never relinquifh, and the Colonies fhould have certain infor- mation of thofe claims, which they muft fub- mit ta Until fuch a fyftem be refolved upon, [ 2 J upon, there will be irrefblution, on the one lide, and repugnance, on the other ; and no fyflem can be ftablc, that is not founded upon equity, and wifdom. It is the refokitlon of the prefent Mini- ftry, it is faid, to impofe taxes upon the Colonies, .by the authority of the Britifli Parliament, and to compell the Colonies to fubmiflion. To examine the juftice and the policy of thofe meafures, and to fugged others, which appear to be lefs exceptionable, in each of thofe particulars, is my objed. The Colonies, by their refpedive Char- ters, have not uniformly the fame privileges, or the f ime conflitution. But thougli they differ, in many particulars, they are alike, in the following ; namely. That the inhabitants of every one of them, have a right to tax themfelves by their reprefentatives, in their provincial aflemblies ; that none of them vote for reprefentatives, in the Britifh Parliament v and that all of them are to enjoy the freedom of Britifh fubjeds. In the fearch for argu- ments againfl the Americans, the validity of thofe charters has not pafTed unqueftioned. I fhall fay, however, but a little in their fupport s [ 3 ] fupport,as the attacks have been very weak, and very few. From the carlieft times, down to the prelent, the difpofition of fo- reign territory belonging to Great-Britain, has always been veiled in the Executive. It is a power which the Reftoration and the Revolution have left unfhaken. From the celfion of Tangier, to that of Guadaloupe, how Irequently has it been exercifed ? If then the Crown, at the time when it grant- ed the charters, could have ceded the terri- tory (i) of America, to a foreign power, could it not have fixed the terms, on which its prefent and future inhabitants fhould con- tinue the fubjeds of Great-Britam ? Where it could have relinquifhed all the authority poffefled by Great-Britain, certainly it could relinquifh a fart of that authority. Where it could make a total alienation^ to enemies even, furely it could make a modified grant ^ to fubjeds. But fuppofe that the Crown had not been legally pofleffed of that power, is there not a term, after which uninterrupted pofleflion confers a right ? Have not the Co- ionifts poffefled their charters, much longer :^ .. than (i) At prefent it Is unalienable from Great-Britain, the diarters having annexed it infeparably. it [ 4 ] than tliat term ? Have they not dedicated their lives and fortunes to the improvement of that country, from a deprndance upon the validity of their title ? Have not the Bri- tifli Parliament fecn and acquiefccd in their doing fo ? Has not Great-Britain, in her ex- clulivc trade, received a valuable confidcra- tion ? Surely then it would be nwDoftrous in- juftice to deprive them of rights fo purchaf- ed and fo confirmed. It has alio been urged by Ibmc, that the Parliament can revoke thefe charters when it fhall think proper ; for that it can take away from any city or corporate town, in El gland, its charter, notwithftand- ing any length of time it may have enjoyed it. I anfwer, that if an Englifh city or cor- porate town had fo purchafed their charter, as the Colonifts have purchafed theirs, and had fo long poffefTed it, it would be imjufi in the Parliament, to refcind, or violate it. But thecomparifon is totally unfair ; far the charter of an Englifh city, or corpoiate town, and thofe of the Colonies, befides other ma- terial difierences, have this efTemtial one, that the formet give a Right of reprcfeotatioja in the Britifh Parliament, and that the latter do not. If therefore the charter of a Britifh city or borough be refcinded by Parliament, it is refcinded in an affembly which is the repre- cated mcnt upon eJSri- their ^r ex- idcra- ns in- chaf- urged thefe r that jorate ftand- ijoyed r cor- larter, and vjijufi ite it. or tke town, r ma- e, that ioja in ter do Britilh iment, is the repre- [ 5 ] rcprcfcntative of that city or borough. Where a part of England only is concerned, the le- giilature of England may rlaim unlimited power, as a body, to which all the rights of Englifhmen, are made over and intrufted. But the lame reafoning cannot be applied to the charters of the Colonies ; ihc Parliament of Enrdand has not the iame title to ad for them. They are agreements, between Eng- land, on the one part, and the Colonies, on the other. In this cafe, England is one of the contrading parties, and, therefore, can- not ad for both. She is a party, and, there- fore, cannot be a judge* The opponents of the Americans admit, that they are intitled to the privileges of Britifh fubjeds j that they are a free people. Could we determine what thefe privileges are, and what this freedom, the difpute would be at an end. The American afferts, that he is deprived of the moft effential pri- vilege of a Briton, and a free man, if the Colony to which he belongs, can be taxed, by an affembly, in which it is not repre fented. The advocate for adminiftration, anfwers, that there are many i.atives of Great-Britain, herfelf, who are not reprefented ; ., for that there are many who have not votes, in the n. * ' B choice ^ r mm MPniHIl M [ 6 J choice of reprefentatives, and that the Colo- nifts have no caufe to complain, when they are in the fime condition, as many of the na- tives of Great-Britain. Would a Colony pretend to a better conftitution, than the mo- ther country, from whence fhe derives it? As this argument has been frequently re- peated, I fuppofe it to be a favourite one whh adminiftration ; and as it is the only method tliat has been tried, to reconcile their alTertion, that " the Britifh parliament has " a right to tax the Colonies," with their concelfions, that the Colonifts have the pri- vileges of B^-itons, and are a free people ; let us liften to an American, pleading his own caufe, in anfwer to this argument : " I do " not claim a better conftitution, than my " mother country, but in the granting of my *' own property, I claim as good a conftitu- *' tion : you have mifreprefented my claims. *• I have faid, that a right of fufFrage, in the " choice of our reprefentatives, is the mofi: " eflential of Britifh privileges ; but I have " fiat faid, that every Briton enjoys that " Right ; nor do I require, that every Co- " lonift lliould enjoy it. There- are many "Britons, who have no vote, in the elec- " tion of the Foufe of Commons, fo are " there manv Colonics who have no vote, many I r\ *"'. -V U 6C in I 6" ^^ wrmm pri- ; let m [ 7 ] ^ in the eledion of our provincial reprefen- tatives -, alledge, if you will, that in being taxed by your Parliament, you are taxed by an impcrfc^i reprefentative ; in being taxed by our provincial afTemblies, we are taxed by a reprefentative as imperfect. Our freedom, therefore, in point of taxa- tion, when we are taxed by our own af- femblies, is not greater than yours j it is only equal to it ; our conftitution is an image of yours. But if we are to be tax- ed by your Parliament, our conftitution no longer relembles yours, and our free- dom is annihilated. If there be many Bri- tons who have not a vote, in the choice of their reprefentatives, there are alfo many, that have. The pofTeffion of a 40/. free- hold, in Britain, confers the privilege of a vote : the poffeflion of the whole conti- nent of America, does not confer that privilege. Do you not know the infinite difference, between a nation, where a// have not the power of voting for their repre- fentatives, and a nation, where none have that power ? The former is your condi- tion, and therefore, you are a free people ; the former is what we claim ; the latter is the condition of flaves, and that is what you otfer. We claim the p**ivilcges of B 2 " Britons, ,,i_ ^^^iXlZSlc lf^VK ' . Mn e. u i( u u <4 u 4( (C t( CC cc CC C( u u a u CC ( ,<( AC it (C i( i.i (( (C i( (C in I 9 ] . in ^^ ^ooc/ a condition as tliofc Britons whom you call unreprefented, and who are not electors : for even they have this great advantage, that both the reprefenta- tive, and the eledtors, pay a part of the tax, as well as thofe who have no fuifrage : whereas, if the Houfe of Commons of England, fhould tax the Americans, nei- ther the reprcfentatives, nor the eledors, would pay any proportion of what they impofed upon us ; they would not tax, but untax themfelves. The condition, therefore, of an Englilhman, who has no fuffrage, when taxed by the Britifh legi- flature, and of an American, taxed by the fame authority, are totally dilTimilar. Place them in fituations which bear any fimilitude, and it will fhew, in t?ie flrong- eft light, the injuftice of the prelent mea- fures. Suppofe then, that the Parliament of Britain, fhould impofe a tax, from which themfelves, and thole who voted for them, fhould be exempted, and which fhould be paid intirely by thole who had no fuffrages ; this would bear fome refem- blancc to their taxing the Americans; and would not this be unparalleled in- juftice ? But if even this (unjuft as you mijft efteem it) were the practice of your " Parlia- [ 10 ] *' Parliament, the condition of a non-voting " Englifhman would ftill be infinitely pre- " ferable to ours ; for even fuch a tax as I " have ftated, would fall upon the relations, '' the friends, the dependents, the tenants, " the manufadurers, the labourers, of Bri- ^' tifli legillators. The legiflator would feel " its effeds, almoft inltantaneouixy ; he " would find his own intereft immediately " concerned ; he would, therefore, ufe fome *' moderation. Belidcs, he is an eye-wit- '• nefs of their condition, he can judge of " their abilities, he can be wounded at the '' fight of their diftrefiTes. But he cannot <• fee our mifery, he cannot judge of our . " abihties ; and his tenants, and his manu- '• fadurers will feel the immediate effeds of '• our ruin, not in their diftrefs, but in their " exonei-ation. If, therefore, the legiflature *'• of Britain, fhould adopt fuch a fyftem of " unparalleled injuftice, with refped to the " non- voting inhabitants of Britain, yet, " even the fufferers by, and the objeds <•' of that injuftice, would be happy, in com- " parifon of us. Suppofe, for a moment, " if you can bear the thought, fuppofe for " a moment, that your Houfe of Commons <• were not eleded by you ; that they '• were an hereditary body, in no wife in- • I i^m. " " debted I i ►! [ 1 1 ] debted to your choice ; would you not be an enflaved, and an unhappy people ? but even, then, you would be happier than wc are. A body of 500 men, lituated in the midft of feven millions, and taxing thofe feven millions, would furely be more bound to moderation, by fear, if not by principle, than the fame body, alTifled and lupported by thofe feven millions, in tax- ing two millions, who are at a diftance. To opprefs, in one inftance, w^ould, at leaft, be infamy, if it would not be pu- tt ifhment ; in the other, they might find it popularity, they might think it patriot*- ifm. Mr. P — tt faid (if I miftake not) that every man in England could huzza at an election : even that method of expref^ fing one's wifhes, is fome fatisfadion, and has fbme influence j the fhoutings of the people, have had great effeds; and the very murmurs of Englifhmen, had, per- haps, more fhare in the repeal of the ftamp ad, than the united voice of Ame- rica. We cannot even huzza at an eiedionj- ^^^Ai^nq jLiir;. - ' 0; 0:; h ^ ' The right of prefenting petitions to par- liament, was deemed of fb much impor- tance, that it was inferted in the BilJ of ' Rights. / mm MM [ »0 Rights. In this fundamental right, the bulwark againft parharaentary oppreifion, as well as every other, under what difad- vantages do we labour ? How different is the effed of a petition, prefented by the hands of the injured, enforced by their af- fiduity, and recommended by their tears, from that of our paper-reprcfentations ^ They are fubjed to be mifreprefented in a thoufand ways : they come cold, and you do not feel them ; often too late, and you cannot comply with them ; and what was ^one by you, through inattention and ttiiftake, muft be maintained, far dignity -, ia a word, they 4o not ftrike home, either upon your caution, or your kind- aefs ; your affedions, or your fears. In this J>ftrticukr, the very women and chil- dren df England, have an influence upon Parliament, of which the Americans are deftitute. How different is your lot from durs ! In the cihatader of an American, to the people of England, I fpeak. Your frequent eledions are a valuable privi- lege to you ; what privilege are they to us? At the clofe of a Parliament, you eJcped popular meafures, from the fears ^nd the hopes of your reprefentatives. Btit who will fiftd it his iritereft, to be ' a friend ^' - v.- *.'■,;■' v-r .■% [ 13 ] * a friend to America ? They w 11 wifh to ' gain the favour of their countrymen, and, ' therefore, will burthen America, in order ' to diiburthen ^^-ngland. What to you is a ' valuable privilege, will be to us a fourcc * of repeated oppreflion. We are more un- ' fortunate,, even than your Papifts. In be- ' ing excludt?d from the right of fuffrage, :* they are Jike usj and as they pay dou- ■.ble land-tax, in that additional payment ' the refemblance continues ; for it is a tax ' impofed by men, whom they had no fharje .' in eleding, and it is a tax, which thoib ' who impofe it, do not pay. In every tax 'j that you lay, upon us, v/e are in the fame <)!b' fit nation, that the Papifts are in that one. f:*> — But how is your cpndud towards tl)em^ ,:*/ reconciled to juflice? Whilfl they refufe ' you thofe aflurances of their allegiance, ' which the law requires, you fay, that they ' muft not be intrujled with the choice o£ ' r^prefentatives ; (i) and as allegiance is ' a quality effential to being a fubjed, you Jli;;.(j) In the Jiril edition, I mentioned, nriore largely, tli^nfiotivesof ourcondu6t toward? the Papifts : I men- * tioned them as the fentiments of others, not as my own : but left I iSoilld be hii'fmterpreted^ I now oiiiit U ,i .*., tWS.i "■« c t 4 « ( ( c c i i i • i i. ' e - 1 i i - t c c ( [ H ] do not confider them as completely fub- jedls, whilft you doubt their allegiance. — You tax them, therefore, without their confent ; yon exclude them from the right of fuffrage. When you can apply the fame rcafoning to us, let us be, like them, the outcaftc of legiilation. Your only juftification for infliding thefe pe- nalties upon them, is, that you doubt their being fubjeds. Your only pretence for infliding the fame penalties upon us, is, that we are fubjeds. Same penalties, did I fay.? nay, wurfe ; for as they are inflided on us, without offence, we can- not, by a difcontinuation of offence, ex- em; >t ourfelves from thefe grifev^lhces. The Papifl, by becoming a Proteflant, can free himfelf from this difability, and this double taxation : but we cannot free our- felves from this mifery, blit by teafing to be Americans. Befides, your Papifts are conneded with their legiflators, by rela- tionfhip, friendfhip, neighbourhood, or dependence. Their poffeffions, too, are Britifh, and they mufl have influence, tho' they have not votes. /And the great right of petitioning, they pofTefs, with all its advantages, and can enforce their peti- tions, by their prefence, their alEduity, ' their [ '5 ] ' their numbers, and their tears. What then * is the freedom, and what are thofc Bri- * tifh privileges, to which you confefs we ' are intitled ? What are thofe rights, which ' we have pofFefled, above an hundred years, ' which we derived from folcmn compadl, ' which we have purchafed by the profits * of our trade, and by an unfhaken alle- ' giance?" r. . ^ In this reply, which I have put into the mouth of a Colonift, I have examined, pret- ty minutely, the real extent of American liberty, under the prefent meafures. I have fhewn the dijfimilarity of their condition to our own, and to that of a free people. I fhall now fhew the fimilarity of their condi- tion, to that of thofe nations, whom we call flaves. The author of the Letter to Lord Hilliborough, fays, Libertas rccipit magis et minus j t^at there are degrees of freedom, I allow it In what does perfe<5: political liberty confift ? Some authors define it to be, the fower of doing what the laws per- mit. If I do not miflake the meaning of this definition, it is clearly erroneous. To do what the laws of Turky permit, cer- tainly is not iiberty. Perfed political li- berty confiils, rather — in the not being fub- ^H\i ' C 2 jed ■V* IP tw E '6 ] Je£l to any laws, but fuch as we nave con- fcnted to, by ourfclvcs, or by our rcprefcn- tatives. If Britain is but imperfcdlly repre- fented, it has but an imperfed freedom. Bat confidering the imperfedbon of every thing human, it may well boaft of the ex- cellence of its conftitution. There are other nations, t!ie lives and fortunes of whofe in- habitants, are dependent upon the will of fome perfon whom they do not eled, and whom they cannot remove ; or upon fbme other country, in the government of which they have no fhare. France, Spain, and Turky are inftances of the firft ; Cprfica, w^hile it was under the yoke of Genoa, of the fecond. All fuch governments are ab- folute, or drfpotic,' ?lnd the people fubjed to them, we call enllaved. Between their fituation and our own, there are, indeed, many degrees. But I defy the author of the Letter to Lord Hill/borough, to fhew, that any of thofe degrees would be enjoyed by the Americans, if meafures fhould be carried to the extremes which we now hear of. I do riot fay that there is not a medium, between a good conftitution, and iimple defpotifm ; but I fay the Americans would not pojfefs that medium. He objeds to the advocates ^|b|- America, their aflerting, That if depend- '-- ' ■ ence - V •..-,.. [ '7 ] ^nce be enforced^ in any the leaji degree^ the Colonfjls arc Jlaves. Let him not ob- jed it to mc \ my aflcrtion is that they arc flaves, if the Britifli Parhameiit alFumes un- limited power over them, in every particu- lar whatjocvcr. If a people can be deprived of their lives and their property, by another perfqn, or another nation, is it not evident that fuch a people i? not free ? whether it be by a nation, or by a monarch, is not ma^ terial. The mailers, indeed, are different, but the government is equally defpotic. The Helots of Sparta were as much flaves, as the fubjeds of the Grand Signior. Now I defy any perlbn to mention pne fingle power, which the Spartan republic affumed over the Helots, which pngland does not affume over her Cplonieg. I would not infinuate that Great-Britain will not govern with greater humanity : but if her power be mildly adminiflered, it will indeed be a milder delbotifm, but it will not therefore be the lefs a, defpotifm. Should we thus addrefs ourfelves to a colony of France or Spain : You live under an abfolute govern- ; inent ; transfer your allegiance to us, and : you fhall enjoy thofe privileges, whiqh Gr^at- ; Britain diffufes through all her dominions, it it nqt anfwer, in thefe words 5 / am not % \\\ I! [ '« ] I mt burthened with taxes in near fo great n proportion as your (Jolonijh^ but I would conjenf to pay more than I do^ if I were to enjoy a greater degree of freedom. What then are thoje privileges which you offer to mef'* Wc might fay to them, One of the principal privileges fhail be this, that you fhall not be taxed, except by your own re- prefentatives, or elfe by the Parliament of Britain. Might it not then reply to us ? I find then that my reprefentatives are not to be a part of that Britifh Parliament, which is to tax me ; were I fubjed to the abfolute dominion of an aflTembly eleded by the provinces and cities in France, fhould I be one whit more free, than in being fub- ]cGl to the abfolute dominion of its monarch ? When youfpoketo me of privileges, I ima- gined that you meant that right of fuffrage, which is the boaft of the Britifh conftitu- tion. You give it to me, indeed, in one p!ace, but you will tax me in a place where you will not give it to me. When our own fbvereign has taxed his fubje6ts as much as he thinks prof)er, he will fcarcely refiife them the privilege of taxing themfelves again, in any manner they pleafe. If you can d^monftrate to me that our monarch aflumes one fingle power over us, which you 1 i '9 J you do not afliime over your Colonies, I will hearken to your propofals, but if you cannot, your government is as arbitrary, as tliat of France ; we arc lefs taxed, and as free as your Colonies. ,, ... Having examined the real condition of the Colonifts, under the prefent fuppofed nieafures, with as much attention as I am capable of, I can find in it no circumflance, which fliQuld prevent my afferting that they would be as dcftitute of freedom, as any nation ever was, or ever can be : now what- ever thofe rights and privileges may confift in, which confeiTedly belong to the Ameri- cans, they certainly do not confift xnjlavery^ whicli is the want of every right, and the deprivation of every privilege. ^,,jj.,r- . >i I ha v^ (hewn that the comparilbn, between the Americans, and thofc Britons who have no fufFrages, is falfe ^ and that if it were true, it would not be argumentative, t have (hewn what the freqdom of the Americans, do^9f?()f confift in, and I will now endea- vour t© ^ew what are thofe privileges, to whiph t,h<5y are intitled; I cannot h3p ob- fervmgyin this place, that every piie,|whp has written ^gainft them, has (^nfine4-^>ii^ ^n^^- I 'itom vours i.'*MJWhii<.aiiiSi;)«iWiHimnni it:i wA [ 20 ] |;:.^T .^r voufs t6 the proving which of the firitWi privileges they ought «o^ to poiTefs; but not one of them has mentioned thofe privileges, w^hich they oii^/jt to cnpy. It is a little fuf- picious, that tliofe authors, whofe profell defign is to convince and to conciliate the Col6nifts, have never once enumerated thofe advantages, which they are ftill to enjoy, under parliamentary government. Surely, nothing would be fo likely to pacify them, as a recital of the bleflings, v/hich are flill to remain to them. -^ .rt":'' c\ '% '-, ,-^ , ,,. ^ • J- ■ • f ' ■ -■■■■■ ^ ',- ^ •^/ But -^.0 return : in order that the Ameri- cans .fhould enjoy Britifh freedom, it is not fufficient that they fhouid adopt i^at part only of our conftitution, vhich departs from the principles of Britifh liberty ; they muft poflefs that part which is excellent, as well as that part which is defedive,oi theJr liberty is not an image of ours. It is not, therefore, fufRcient that an American land-holder fhouid be on p par, with a Briton who has ' no lindfed property, or with a Britiflv Papift. ' But that an Kv[itnc2iVi freeholder ihoulA have ' the iame power over his own property, as a Britj/b freeholder has over his owri. If any ' rnarr fhall objed to md, that I have placed ' thd*^C6Ioiiies in a lltuation ^oo eqxial to their mother- {If [ 2. ] mother"- country ; I anfwer him, that I haVe done fo, only with refped to their own vefied and acquired property * ; and that Americans have as much iiL;ht to the pro- perty of America, when once acquired and ve/ied^ as Britons have to the property of Great Britain. '{ \ ! -!.„,.f\-> 4. In order that taxation and reprefentation may not be united, in America, the adver- faries of America deny that they were united in Britain. And attempts have been made to produce inftancCb^ of their difunion, taken from different periods ot the Britilh confti- tution. It is not material to my caufe, to examine whether thofe attempts have fuc^ ceeded. If America be intitled to Engliih privileges, the Eriglifh conftitution, (he is intitled lO that cottftitution,as it ftood, at the time when the Colonies were planted. She is not to have the conftitution, that exifted iii the time of William the Conqueror, or of - ; * The Americans nluft relinquifli many rigfits of pro- perty j ahat isj many rights of isr^jz/rm^ property j for they mull be fubjetvt to Britifli navigation laws, and trade-regulatio-. 3 ; but the right of granting property, already acquired and veffed> Ihould be facred. Ihis flioulcf be theirs, fafe and intire. . ., ' ■ ■']^:' ' the «'. [ 22 ] the Saxoa hcptarc!iy,or of the Roman govern- ment. If England communicated to Ame- rica her conftitution and her privileges, we communicated them fuch, as fhe herfelf, at that time, enjoyed. It was theconftitution of England, at that period, that every man pofrcfTed of 40/. a year, by that free tenure which we call a freehold, fhould have a vote in electing a member of that aflembly, which alone could tax: his property ; befides certain perfons, invefted with privileges, in cities and boroughs. This was, and is, the bulwark of Englifli liberty ; without this, we fhould be flaves. This, then, is the conftitu- tion, which is communicated to America-: let not, therefore, /^^r property be taxed, ex- cept in an affembly, towhich /;^r freeholders and ele^lors fend;a reprefentative. At an earlier period, the privilege of voting in England, -w?».s difFufed much more uhiver- fally ; it belonged to all who held by a free tenure ; that is, to all the/w^'a?/ of England 5 for thofe who held byi,other tenAi res, ; were not fubjeds, but vllUmi^ or flaves. So in tire was the union, atthattirne, between fepre- fentation and taxation : but to this conftitu- tion, the Colonifls have no pretenlion, as it was not the conflitution of England, at the lime of their eflablifhment. By the 8th of .■■!l/iirfc.;-t.i... tfc'if^^' - Jtlen- ;^". I .''to",! . >. [ 23 ] Hen. VI. the right of voting was confined to fuch freeholders, as had 40/. a year, and thus the more opulent freeholders were en- trufted with the rights of all the reft. It appears to me that England, by this change, had/Ti'o kinds of reprefentatives. The richer treeholders reprefentcd the others^ and the Houfe of Commons reprefented them. Thus the opulent freeholders were reprejentatrjcs of elcdion, conftituted by their circumftances; and the knights were rcprejehtatives of Icgi- flatton^ appointed by fuffrage. If there be any juftice, in this opinion, all \ki^[uhjids of England, were, either adually, or virtually, reprefented. But if there be not, and if it be admitted that England was, and is, par* tidily reprefented — give a reprefentation as partial, to her Colonies. If Britain be im- perfedly reprefented, fhe has but an wiper- fe^ freedom j but if the Colonies have no reprefentation, ihey liave no freedom, at all. If Britain has mtiht hefl conftitution, which human invention could have fugge'^'^d ; is it a reafon that America ihould have the lyorjlf ft.n ^•Hr'^ •W.'"! ' In the memorable eonteft with the H — c of P— s, about the right of originating taxes, the C- ns urgedj with great force, D 2 their ^ '/ sji^a BB BEIB %.. [ H ] their exclufivc right, to that privilege. They thought it unreafonable, even, that any part of the taxes, fhould be increafed, or dimi- nifhed, or that the rates fhould be examined by the P-^rs, nvhoje proportion in all taxes, in compar'fon to what the commonaity pay, is very hjconfiderable, I believe the fame affembly think thefe words to contain good fenfe, at this day ; and it is undoubtedly very rcafon- able, that thofe who give the mo(i, fhould have the greatefl fhare, in modelling the gift. Such were the maxims that were formerly adopted, by that great affembly, and fuch were the reafonings, on which their greatefl privilege is eftablifhed. Why then do they now think it reafonable, that thofe who pay not an iticonfiderable^ but no proportion, fhould not only originate a tax, but pafs it into ajaw ? Compare the fpiritof their for- mer maxims, with that of their prefent. It is unjufl in you, my L — di, to begin a taxation, of which you pay only a fmall proportion ; yet we will iinpofe a tax upon America, of which we pay no proportion, at all. It is unjufl that you, my L — ds, fhould even originate a tax, upon men, of whom you arc but the leller number, though the refl may afterwards refufe it, if they pleafe. 3ut it is jufl for us- to ;ii / The fame author quotes a ftatute, the ift of Ja. I. which fays, " That the whole body ** of the realm, and every particular member " thereof, either in perfon, or by reprefen- " tation upon their own free eledlion, are, by " the laws of the realm, deemed to be pre- '* fent in the High Court of Parliament.*'-— He cites this ftatute, to prove, that every member of the realm, is reprefented, not in the Houfe of Commons, but in Parliament. In my opinion, he might fpare himfelf the trouble ; every one knows that the Lords arc members ot the realm, and every one knows that the Lords are not reprefented, in the Houfe of Commons. I will readily allow that the Parliament of England, is the repre- fentative of England ; but does it follow from thence, that it is the' reprefentati ve of the Co^ lonies ? furely he would not infinuate that the Colonies are prefent, in that court, either in perfon, or by reprefentation upon theif own free eledlion. > k .. rind' '■.ifj'ii' • ' OU: i..iOU ' * In ora^r fb prove that the parliament has k right to bind the Colonies, in every cafe \yhatibcver, the fame aut^.or afferts its right ^t * <^4,* H- . to 4- •V. i I [ 28 ] to bind all the King's fubjeSls^ and he in- ftances the Palatinate of Chefter. If the Al- legationsof the Petition, which he has quoted, be true (that that Palatinate wasdiflindl and feparate from the Crown of England, and that their Count held it as freely, as the King of England did his crown) it is evident that the Parliament adled unjuJUy^ in binding them; if they be not true, why has he quoted it as an authority ? In order to prove that Parliament may bind ^//the Dependencies of Britain, he cites ow^inftanceonlyj and that wo/ of a dependency. And, to prove that it vvduld adl/^//?/)', in fd doing, he cites an jfjj fiance, where it aded unjujllf. clU(i fn ^*'BiU*s of fuppty are looked upon, not only a^ laws, but as free gifts ; andj on aqcount of this diff<^rfencq in their natures, they are fubj6<9 to different forms. The lords cannot brigiiiate thptn, althpugh they alfo are //? fymptoms of it. For their own prelervation they will exert them- felves, in a common caufe, and for their own fakes they will affift their mother coun- try, whilft by affifting her, they protedl themfelves. But if wc reduce them to a fituation more deplorable than that of a French Colony, from that moment our in- terefts are feparate, what terms can they ex- pedfrom any enemy, that wi'l be worfethan flavery ? Our very avarice fhould dired us ' , to m '^\-^ "nWHi ■■ [ z(> ] toaddrefs ourfelves to freedom, which is al- ways liberal, rather than to flavery, which ne- ver makes any return*. Let this content us: that their increafe and their profperity, fhall depend upon our futTcrance, and their very exiftence, upon our protedion ; that the fea, the common benefit of mankind, may be denied them, that the labour of their hands, the ftrength and the ingenuity which nature has beftowed upon them, fliall be converted to our purpofes ; but, for our own fakes, let us not difcourage that induiiry, which is to benefit ourfelves : what we permit them to acquire, let that be their own. Thus, on every prefent, and every future confideration, I fhould think myfelf an ene- my to Great Britain, fhould I propofe to give worfe terms, to a people unendearea by for- mer connedions, unacquainted with liberty, and deftitutt of any claim upon our jufticc, than thofe which are demanded for our jeU low juhjetts. But it muft not, therefore, be forgotten, that they have long been our friends and brothers ; and th *,t another fyf- tem cannot be eftablifhed, without a violation * Efprit des Lcix. of .* of .:, ,..:_ t 37 ] . _ : of national faith, a departure from our jus- tice, and, atone time, perhaps, the fhedding of their blood. We ihould be well afTured of the rectitude of our caufe, we fhould ad- vance to theutmoft limits of negotiation,be- fore we draw the fword, againft cur bro- thers. We (hall prevail, with certainty, in- deed, but we may not prevail, without a conteft. And, though, the force of terror only, may give temporary eftablifhment to our authority, the fword and the executioner muft maintain it. From men deprived of every thing that they hold moft dear, and deprived of it, by their friends, what may not be expeded ! Any thing fhould be expeded, except their fubmillion. What then are the ultimate objeds of the moft opprefTive laws, and moft fanguinary councils ? Will they re- ftore us to that brotherly aftedion, which infufed the fame foul, into every part of our empire, or procure us an uncertain quiet, a difaffeded fubmiflion ? Let France exped Jnch a fubmiflion, from Corfica ; by our fu- P' 1 ;ncfs fhe will obtain it : and ftie may well ]y- rjntented with it — She is accuftomed to govern, by fear ; and over a people, where heretofore ilie had no authority, even that influence will be fome acquifition. But nei- ther her numerous armies, nor her mighty F power, J 'i|-; . [ 3« ] power, nor her vicinity to that devoted ifland, nor the paucity of its inhabitants, can enfurc to her a quiet and an ufeful pofTef- fion, while (he finds an enemy, in the hearts of the people. But by us, if poffible, flill lefs is to be cxpeded : with lefs difpropor- tioned force, we may encounter a more rooted antipathy. The Corficans never tafted freedom, under a French adminiftration j fhe has only prevented their emancipation, fiom the tyranny of Genoa, and will receive them under a milder opprelfion. But the Americans will .. 4cPrlvedofa liberty, which they have alrea*., poffelTed, many years, under the tutelage of Great Britain. A more violent change, a more intolerable perdition. And are thefc meafurcs -wije, whofe very fuccefs has but this for their objed, and whofe failure is ruin .? Are thefc the prin- ciples, by which free men fhould govern free men ? Is this that invincible union, and that firm eftablifhment, by which Britain fhall hold the Weft Indies, in her right-hand, and the Eaft, in her left ? Or is this the wifdom which muft heal public credit of a thoufand wounds, andfupport the weight of a tottering empire ? There may come a time, when the diftrefTes of Great Britain may re- quire the utmoft efforts of a grateful people, and 'i^HL . ,-• . Li I 1^ ** 'I'll V' • ■•- ,-,.-- ■»■ - ■ I ■J 'I ,. • [ 39 ] . and our pofterity may find, by a fatal ex- perience, that the fword was but an ill in- terpreter of charters ; and that the charaders of freedom, will not be lefs indelible, in the breafts of the Americans, if they be written in the blood of their forefathers. What fhall I fay of thefe meafures ? That tliey are fo impolitic, that we fhould rejed them, though juftice did not condemn them ; that they are ib unjuft, that we fhould rejed them, were they ever fb politic. > % rh Thefe confiderations I have prefumcd to dedicate to the greateftaffernbly in the world, and to the beft of princes- If they carry any convidion along with them, the confe- quences naturally follow. Firfl, that we fhould leave the Americans to tax them- felves : Secondly, that we fhould retain to the Britifh Parliament, every power that is not inconiiftent with our juftice, and their liberty : That a law fhould be pafTed, imme- diately, repealing every ad, that taxes the - Colonies. I do not propofe, that it fliould contain any counter-declarations, or that the power fliould, in terms, be difclaimed. It ' will be fufficient that they be repealed, and that we do not revive the claim. Let it be ' bu/ied in oblivion ; let it hang between the con- ■ . ■ F 2 ftitntioiis me [ 40 ] . Jlitut'io'is of both countries^ equally pernicious to both, and belonging to neither. Let it be fulpendcd^ like the Juuord of the murderer^ in the Grecian law, which was depoftted in their temples^ as unfit to be handled*, and conje- crated, as it ivere^ not for its merits but of- fence*. And left, at any time hereafter, it may be difputed where the line is drawn, between American liberty, and Britifh jurif- didion, perhaps it might not be improper to declare, in the fame law, the fupremacy of Britain, and its abfolute dominion over na- vigation and commerce. Can we aftert the dependency of the Colonifts, in ftronger terms, than thofe of Mr. Otis, a ger'Vman who is certainly well informed of th r fen- timents, and who has probably a confider- able {ha**e in fonifing them, *' That thePar- *' liament of (fr^fSl Biritain has undoubted power, and lawful authority, to make ads, for the general good, which, by naming the Colonies, fhall, and ought to be equal- ly binding, as upon the fubjeds of Great " Britain within the realm." Should the ' Colonifts complain, that if this power be re- c; u (( (.I. ^ Thefe words were mide nfc cf, upon a different occsfiopi hy ivlr. F , the biirjucll urnament of tlic . Liih r'*irliaiV;cr.l. ferved, ferved, ihey have not the fame degree of freedom, or all the privileges that are pof- fefTed by their Britiih brethren, I fhall rea- dily confefs that they have not : but it was not intended by their original compadl, that they fhoiild. If Britain does not refervc to herfelf an abfolute authority, over the trade of her Colonies, not one of the ends will be anfwered, for which thofe Colonies were planted : they will not be fubfervient to the commerce of their mother-country; they will rival and deftroy it.; And furely we fhall not be deemed enemies of their freedom, in adopting the fentimentB of its able and in- terefted defended. The power.of regulating their commerce, and the right of prohibi- tion, have indeed a moft e^tei:\five dominion, over the wealth and profge0ty of America;' and thofe demands mjafl'^e exorbitant, in- deed, which can be refufed to an aflembly pofTeffed of fo mighty a prerogative. But there is a material difference, between flop- ping the acquiiition of riches, and the tak- ing away what is already acquired. They have, indeed, but a bitter alternative j but bitter as it is, they have an alternative. Says Mr. Otis, in the true fpirit of liberty, " I had '' rather fee this (right of prohibition) car- *^ ried, with a high hand, to the utmoft ri- " gour, r II wi««i pi [ 4» ] " gour, than have a tax of one fhilling, taken *' from me, without my confent." * u IS . much the intercft of Britain, to pro- mote tne commercial welfare of her Co- lonics, that they may form a reafonable ex- pedation, that thcfe interefts are fafely de- pofited. But on this felf-interelt, on the wifdom and equity of the Britilh legiflature, and on the conciliating moderation of their own condudl, much, very much of their profperity will depend. Of this moderation we have as yet made no trial. When we defifted from adual oppreffion, we laid its future foundations, and the repeal of the itamp ad, was attended with the ftrongeft affertions of our right of taxation * ; afTer- tions which an upright adminiftration never * The author of the State of the Nation, obfcrves, that the exports to America, in the year fubfequent to the repeal of the ftamp a6t, fell fhort of thofe in the year preceding it ; and he, therefore, blames the con- duct of that adminirtration, by whofe influence " the •* ftamp act was repealed, and every other American " propofition adopted." It is a little extraordinary, that men who fo ftrongly afl'trted our unlimited power over the Col' nies, fhould be faid to have adopted ** every Ame- *' rican proporuion." The diminution of our exports, ftiOuld be a't'.ributed to our rrja^ing American propofi- ^» . intended ^^^^ ••<■*. • [ 43 ] Intended to carry into experiment, but an unhappy compliment, which wifdom and virtue paid to temporization and prejudice. If, impreflcd with a convidion of their free- dom, the Americans have a fenfe of injury, let not Britons refent the fentiments they have communicated. Let us maturely con- fider whether we ourfelves were not the ag- grciTors. If force is juftifiable in deftroying thofe rights, which are derived from time, from compa6l, l A from nature ; what is not juftifiable for their re eftabli(hment ? If the caufe of the Americans be juft, their firmnefs is virtue. tions, rather than to our adopting them. The dimi- nution of cur exports, was owing to the difcontent of the Americans ; that difcontent to our claiming a right to tax them. Whether the continuance of that difcon- tent, was owing to the continuation of our claim, or to the repeal of the (lamp ad, I fubmit to the judgment of my readers. The en D,