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Les diagrammes sulvants illustrent la m6thode. y errata Id to nt le peiure, ipon i 1 2 3 32X 1 a 3 [. 4 5 6 ;. ■?. •» .'^ THB ADM I NISTR ATlON OF THE If- '. COLONIES. 'Me-. • < f M ^ H E ADM INISTRATION OF THE COLONIES. By THOMAS POWNALL, Late Governor and Commander in Chief of bU Majefty*s Provinces, MeflTachufets-Bay, and South- Carolina, and Lieutenant-Governor of New-Jerfey. THE THIRD EDITION, Revifed, Corre^edy and Enlarged, To which is added) 'An Appendix, N^ III, containing, Con/tdera^ tions on the Points lately brought into ^ejlion as to the Parliament's Right of taxing the Coloniesy and of the Meafures neeejfary to be taken at this Crijis, _ii It - - ■ ■ ■ ■ '• -■ ■■-■ -^ ■ ■ ■ ■ ■ Pulchrum eft benefacere reipubUcay etiam benedicere baud abfurdum iji, Sallustius. LONDON: Printed for J. Dodsley, in Pall-Mall, and J. W A L T E R, at Charing Crofs* MDCCLXVI. Iff &ifS~S w i n ul tm ■»<*^"^^*"».* T O T HE kibrif HOf^OllRAfiLfe GEORGE GRENViLLfi^ jPirft Lord Commiflioner of Hii Majcfty's Treafury^ Chancellor ot the Exchequer^ &c; &Ci &Ci Sir, WHoiBver confiders the impof-* tancfe of the North- Afliferi- can colonies, and the heceffary (/.m^ neftion of their affairs with thofc of* Great Britaih, muft cbrtgratulate the^ public upoii hivihg a minifter, t^hd will takfe pains td und^fftatid the com- merce and interefts of the colohife^i A who DEDICATION. who will fcrioufly enter into the ad- miniftration of them, and who is equal in firmnefi to purfue thofe inte- refts in that line only, which con- neds them with the welfare of the mother country ; who, convinced that the mother country has a juft and natural right to govern the colonies, will yet fo adminifter the power of that government in the genuine fpi- rit of theBritifli Conftitution, as fhall lead the people of the colonies, by the fpirit of laws and equity to that true and conftitutional obedience, which is their real liberty. The experience I have had in the affairs of the colonies muft at leaft have given me a pradical know- ledge of them: And the relation I have borne to the people has given me an affeftion for them. Not being employed in any department, where- in that knowledge can be reduced to DEDICATION. to pradice, I thought it a duty, if indeed it may be of any ufe, to pub- lifti my fentiments on this fubjedl ; and I have taken the freedom, Sir, of addrefling them to you. 1 have profeffed an afFeftion for the colonies, becaufe having lived amongft their people in a private, as well as public charadter, I know them ; I know that in their private focial relations, there is not a more friendly, and in their political one, a more zealoufly loyal people, in all his majefty's dominions. Whatever appearances or in- terpretation of appearances, may have raifed fome prejudices againft their conduft on a late occafion, I will venture to affirm, that fairly, firmly, and openly dealt with, there is not, with all their errors, a people who has a truer fenfe of the neceffary A 2 powers i DEDICATION- powers of government; and I wiU reft the truth of this affertion on the good effed:, which you will have the pleafure to fee derived to this coun- try, and to the colonies, from the firmnefs and candour with which your part of the American bufinefs has been condudled. When the fubjeds, efpecially thofe of a popular ftate, become alarmed, they are foon inflamed ; and then their demagogues, perhaps the worfl, as well as theloweft part of the people, govern. The truly great and wife man will not judge of the people from their paflions — He will view the whole tenor of their principles and of their condufl. While he fees them uni- formly loyal to their K^ing, obedient to his government, adive in every point of public fpirit, in every ob- jed of the public welfare — He will not regard what they are led either to DEDICATION. to lay or do under thefe fits of alarm and inflammation ; he will, finally, have the pleafure to fee them return to their genuine good temper, good fenfe and principles. The true move- ments of government will again have their eflfedl ; and he will acquire an afcendency over them from the fteady fuperiority of his condufl:. While fuch is the of the IS tne temper ot the great minifter, there cannot be too much caution and prudence exercifed in preventing the inferior members or officers of government from afting under any fenfe of refentment or prejudice, againfl: a people impro- perly fuppofed to be under disfavour : For by the mutual aggravation and provocations of fuch mifunderftand- ing towards each other, even a wife people may be driven to madnefs. Let not the Colonifts imagine that the people of England have any ill idea A 2 of ! f :, DEDICATION. of them, or any defigns of oppref- fing them. The people of England love them. Let not the people of England imagine that the Colonifts have a wifli but for their welfare, and to partake of it as fellow-fubjeds — For the people of the colonies would facrifice their deareft interefts for the honour and profperity of their mo- ther country ; and the laft wi(h of their hearts will be for ever to belong to it. I have a right to fay this, be- caufe experience has given me this impreffion of them. I do not fay it to flatter them ; I never did flatter them, when I was connefted with them in bufinefs, but I fpeak it as a truth which I think fhould be known, lefl: the intemperance and imprudence of their falfe or miftaken patriots fliould give any undue im- preflions to their difadvantage, and caufe any alienation of that natural afFedion which a pr and I 1 I ■« w. i DEDICATION. and will, I hope, for ever fubfift between the people of Great Britain and thofe of the colonies. May that minifter who (hall in- terweave the adminiftration of the colonies into the Britifli adminiftra- tion, as a part eflentially united with it, may he live to fee the power, prolperity, and honour, that fo great and important an event muft give to his country. With the higheft efteem and re- gard, I have the honour to be, S I R, > Your moft obedient, and moft humble fervant, T. P OWN ALL. tt^ T A B L B O 9 CONTENTS, « A General opinion prevails, that the changes in territory and power in America, muft create new political interefts in Ruropc — • — : Page i As in the early ages of Europe, the power of the fword firft ruled the world, and the fpirit of religion next— fb now the operations of commerce give that afcen- dancy — — - 2"*'4 The nature of the commercial powers which |ire arifing in the Atlantic and in America dc. it 111 !i! CO NTENTS. defer ibed as the precife idea of the prefent crifis of politicks ■ S'^ That thefe are already become the bafis of a commercial intereft, and will rife faft into dominion — — 8 That that European power which (hall have the wifdom and vigour to unite thefe powers to its dominion, mud become the ruling commercial power of Europe 9 That the fortune of the late war hath put . thefe into our hands, and that there- i fore it is the duty of our government, at this crifis, to carry forward this ftate of . things to the weaving of thefe powers into our fyftem. As the rifing of this crifis above defcribed, forms precifely the objeB on which go- vernment ihould be employed, fo the taking leading meafures, towards the form- ing allthofe Atlantic and American pofTef- fions into one empire, a one commer- cial EMPiKt, is tne precife duty of go- vernment at this crifis — p. 10 The firfl flep mufl commence by forming a pradicable and efFedive adminiflration at home. An CONTENTS. An American and commercial department, which (hould be the centre of all official information, and the fpring of all execu- tion in adminiftration — p. II — J 8 This defcribed as it doth exift in the com- miffion of the board of trade and plantar tion-^^htxQ all the great officers of ftate are officially united in one commiffion for this precife fervice. — This (not the inefficient committee, commonly called the Board of Trade) (hewn to be, from the defedt of all other fchemes of bufinefs, the only official centre and feat of this American and commercial adminiflration p. 19 — 20 The neceffity of this Board's becoming an adting and efficient part of adminiftration, if the government of Great Britain is, as it ought to be, in earned about its com- mercial powers, and its American domi- nions — — p. 20 — 24 Under a perfuafion and hope that this Board will, from the nature, and even neceffity of bufinefs, become adlive — and ad*. — • The fubjedt of colony adminiftration propofed — — - P* 25 Idea of colonies — ^ p. 25—27 The ^'t 1; 'ii i u ■l « CONTENTS. The vulgar opinion of the Bridih colonies becoming independent of the mother country obviated *^ p. 28 — 29 The different ideas of the rights and privi- leges of the colonies — as fuppofed to be granted by the crown, or derived from the conditution, ftated, and explained on both ideas ; and a decition of the difputed points recommended as neceflary to the liberty of the fubje(ft, and to the impe- rium of government — p. 30 — 38 A more particular revilion of the conftitu- tion of the governments of the colonies recommended as a fettlement of the char- ter of rights to the people, and as a fixing the rights and juft powers of government P- 39 Firfl of the rights of legiflature in the co- lonics, and extent of the power of royal inflrudions reflridling thefe rights p. 40—46 That it is abfolutely efTential to government, on one hand, and to the liberties of the people on the other, and to good policy as rcfpedting the whole, that thefe points fe difp^te fhould be fettled — p. 47 Some CONTENTS. Some particulai: wrong exertions of this Ic^ giflative power in the colonies — and £rft, of their afluming an executive and even judicial power, by orders of the le- giflature not formed into aSis fent to Eng- land for confirmation — p. 48 Their manner of providing for the fupport of government and the civil lift, fo as to render all the officers of the crown de- pendant on the aflemblies p. 49 — 51 Their taking occafion from this meafure thus eftablifhed, to aftlime, by commif- iioners of the aifemblies — the adlual ad- miniftration and executive power of go- vernment in all cafes, civil and military, where money is wanted — ?• 5^ The neceffity of afcertaining the powers of the governor, and of defining thofe of the afi'emblies. The queftion ftated and propofed for decifion — P* 53 The neceffity of maintaining the conftitu- tional power of the governor and of the governments, as the beft fccurity of the conftitutional dependence of the colo- nies on the mother countries, and as the beft fecurity of the rights and liberties of the colonifts-- 52 9 Thefc I; CONTENTS. Thefe conftitutions as founded on charters and commiffion-patents explained 54 — 56 The danger of fuperceding thefe powers and conftitutions by the office of a military commander in chief — The only danger, occafion or fource of re- volt in the colonies will be derived from the powers of this commiffion— ^and its becoming a principle of union under fuch power to the colonies who are otherwife incapable of fuch union — The efFedt of this meafure pointed out from reafon and experience — — - 56 — 68 What may be the probable intentions of go- vernment on this head — and fome ideas of a mode of eftablifhment for the military power in America fuggefted 69 — 71 The review of the colony conftitutions con- tinued — in the eftabliftiment and pradice of their courts of law. Some difputed points on this head ftated and the idea of a circuiting court of appeals and equity, as much wanted in America, propofed — as alfo the defedl of fuch court of appeals here in England for American affairs pointed out — 72 — 85 The CONTENTS. The making the governor's council and the legiflative council didinift in their conditu- tion as well as offices propofed 85 — 86 The neceffity of a revifion and concerted delegation of the feveral powers granted to the refpeftive officers of the crown in America, by the feveral Offices and Boards in England — — ■ 87 The true and real Board of Trade and Plan- tations can alone extend to thefe cafes, which muft conftantly arife in the admini- ftration of the colonies ; this Board ought therefore to become efficient, and to adt 88 Of American revenues and money. The queftion as to Great Britain taxing the co- lonifts dated — — ■ 89 Thefe taxes diftinguifhed by funds which re- late to the general fervice, and funds which fpecially lye within each refpedive co- lony. That the firft feem the proper ob- jects of government in general, while the others feem proper to be left to the colo- nies unincumbered by parliament. go Of the firft, cuftoms, damps, excife 91 — 93 Of I I m ,( , I CONTENTS; Of the fecond — viz. Polls and edates real and perfonal — That thefe beiiig the more efpecial property of each colony, are the natural internal funds of fuch^and tot that reafon the mod proper to be left for the refpedive colony taxes — ^iThat the na- ture and extent of thefe are known to go- vernment — and that they are adequate to the internal fervices and fupport of go- vernment in thofe colonies 94 — 99 The leaving to the colonies thefe internal funds unincumbered by parliament, (hould reitlove every oppofition to thofe taxes laid on the general funds, of the firfl fort for the general fervice — . 160 Other objedls of colony revenue. The quit- rents, fines, waifs, ftrays, fee. — the rie- ceflity of fome revifion and reforin in thefe, as alfo at the fame time of render-^ ing the office of auditor of the plantations an efficient office — — » p. loi The ftate of the money arid currency in the colonies conlidered — and the neceffity of fome meafure of fecuririg or providing fuch to the Colonies — p- 102 0( es real i more re the id for eft for he na« togo- late to >f go- I. -99 iternat (hpuld es laid )rt for 100 ■ quit- e rie- m in nder-k Uions . lOI P^ CONTENTS. Of filver — as a mcafure, a dcpofitie in trade, and as an inftrumcnt of forenfic ufe p. 103—105 A corollary of the foregoing propofitions p. 106 Of fufFcring the colonies to fupply themfelves with filver by an undefcribed trade, and of leaving that filver to its own ope- ration in the colonies — ^ p. 106 Of fupplying the colonies by a mint p. 107—108 ' ■ ^ b y a paper currency Provincial bank mentioned p. 109 p. 109 Penfylvania emifilion of paper-money by loan ' and the meafure of the loan- office recommended ^-^ p. no The publication of fome very principal mat- ters intended for this place, fufpended for the prefent — " ■ p. i n Defcription and confideration of the ordinary mode of paper- money p. iiz On what the regulations of this currency a mull I n'!: ir ■..(I ■ i( i|; ::!! lil i- I it i'' '.II II CONTENTS. muft turn viz. The fund—the ufes— the quantity — p. 1 1 2 Mr. Francis's confiderations on a paper-cur- rency here published as the bed written treatife on this fubjedt — P*iH Of the nature of value in things P*'i'i5 Value as the ufes dircdfy, as the quantity inverfely p. 116 * • » , Regulating the iifes is one of tfie powers over value -limiting the quantity is another P' "7 This applied to money, and its effedls on lands, labour, and commodities. The value of paper-money depends upon the regulations of the fund, the ufes, and the quantity ■ p. 122 Of the fund Of the ufes p. 123— 124 p.' 125 How this paper-money derives its value from the ufes — _. 126 That it ought to have all the ufes of lilver money CONTENTS. money within that colony which creates it — — ■— — p. 127 — 128 Papcr-money, after the enading of the law which creates it, (houM be received in lieu of filver, for debts contra(5led in fil- vcr before the law, as well as after } but as its real, not its nominal, value, fo as that an equitable compenfation is paid^ p. 129—134 ObjeAions to this, ift, By this the legifla- ture will confefs the inferior worth of the paper 5 2dly, That leffening the current value will be a lofs to the community in general. The firft anfwered, p. 135 — 140 The fecond anfwered — p. 141 — 1 46 Finally, that the public authority cannot in fadt give this paper-money any other cur- rency than its real value without in- curring the guilt of breach of public faith, and giving occafion to all the evil confe- quences of debauching the morals of the people — "* ' ' p. 147 That this value muA find its own level / ' p. 148 Of the fund (end of this treatife) p. 1 49— 1 50 a 2 That •/■;_f i ■i 'ii ' II i CONTENTS. That a certain quantity of paper-money h necefTary in the colonies P* '5' How to know when it is neceflary to incriiafe ^r diminifli this currency ?• * 5 ^ That the colony legiflatures (hould not be able to make this paper-money a legal tender . — p. 153 This the true remedy againft a fallacious de- preciating currency and the true oc- cafion to a currency of real value, p. 1 54 Of Indian affairs Of Indian politicks as derived from the na^* ture and circumflances of the Indians p. 155— i6j Of the different ideas under which the In- dians granted, and the Europeans obtained grants of fettlements from the Indians and of the* rerpc(!:l"ive condu. a<5tical and efficient adaiiniftration, become mifchievous meddling impertinencies where that is not, and mult either ruin the inter- efts of thefe powers, or render a breach of duty necelTary to avoid that ruin. That part of government, which ftiould adminifter this great and important branch of bufinefs, ought, in the firft place, to be the center of all information and application from all the interefts and powers which form it ^ and ought from this center, to be able, fully, ' • 'm fhem m ain their ent, and are ca- id point. the ba- iftration admini- (Stion of aly bot- ^ic^/ — wers of nniftra^ ition of rnmcnt rlufive ; ate the mder a )ecome where inter- ich of hould ranch to be cation I form able, fully, ( 13 ) fully, uniformly, and efficiently, to diflri- bute its directions and orders. Wherever the wifdom of flate (hall determine that this center of information fhall be fixed ; from whatever department all appointments, or- ders, and executive adminiftration fhall ifllie, it ought fomewhere to be fixed, known, of record, and undivided \ that it may not be partial, it ought to extend to all times, and all cafes. All application, all communi- cation, all information (hould center imme- diately and folely in this department : this fliould be the fpring of all nominations, in- flrudtions, and orders. It is of little con- fequence where this power of adminiftration is placed, fo that the department be fuch, as has the means of knowledge of its bufinefs — is fpecially appropriated to the attention ne- ceifary to it— and officially fo formed as to be in a capacity of executing it. Whether this be a Secretary of State, or the Board of Trade and Plantations, is of no confequence j but it ought to be intirely in either the one or the other. Where the power for the di- redion is lodged, there ought all the know- ledge of the department to center ; therefore all officers, civil or military, all fervants of the government, and all other bodies or pri- vate perfons ought to correfpond immediate- ly with this department, whether it be the Secretary of State or the Board of Trade. « While fr II I II Iff ; * i 1' ■■! ■ ! ! 1 i' ■ ■ r 3j ' ,' While the military corrcfpond with the Se- cretary of State, the civil in one part of their office with the Secretary of State, in another with the Board of Trade j while the navy correfpond in matters not merely naval with the Admiralty, while the engineers cor- refpond with the Board of Ordnance, offi- cers of the revenue with the fevcral boards of that branch, and have no communication with the department which has, or ought to have, the general dircdion and admini- flration of this great Atlantic and American, this great commercial intereft, who is to col- left ? who does, or ever did colleft, into a one view, all thefe matters of information and knowledge ? What department ever had, or could have, fuch general direftion of it, as to difcufs, compare, reftify and regulate it to an official real ufe ? In the firfl place, there never was yet any one de- partment form'd for this purpofe; and in the next, if there was, let any one ac- quainted with bufinefs dare to fay, how any attempt of fuch department would operate on the jealoufies of the others. When- ever, therefore, it is thought proper (as mod certainly it will, fome time or other, tho* perhaps too late) to form fuch depart- ment, it mufl (if I may fo exprefs rnyfelf) be fovcreign and fupreme, as to every thing relating to it j or to fpeak plainly out, muji 8 'k tiing ( '5 ) . . k a/ecretary of Jiate*s office in ttfelf. When fuch is form'd, although the military, na- val, ordnance, and revenue officers, fhould correfporid, in the matters of their refpedtivc duties, with the departments of government to which they are more immediately fubor- dinate and refponfible, yet, in general mat- ters of information, or points which are matters of government, and the department of this ftate office, they fhould be inftrudted to correfpond and communicate with this minifter. Suppofe that fome fuch minifter or office now exifled, is it not of confequence that he fhould be acquainted with the Geo- graphy of our new acquifitions ? If, there- fore, there have been any ad^ual furveys made of them, fhould not fuch, or copies of fuch, be fent to this minifter or office ? If a due and official information of any par- ticular condu official will be ed:ions^ linidra- ertainly th the nth the power , what effedt ( 17 ) efFe^fl will any infl:ru(5lions, orders or direc^ tions, have from that board, which has not intereft to make or difmifs one of the mean- eft of its own officers : this, which is at pre- fent the only official channel, will be de- fpifed J the governors, nay, every the meaneft of the officers in the plantations, looking up folely to the giving power, will fcarce cor- refpond with the direBing — nay, may per- haps contrive to make their court to the one, by paffing by the other. And in any cafe of improper condudl of thefe officers, of any ncglecft of duty, or even of mifdemean- our ; what can this direding power do, but complain to' the minifter who nominates, againft the officers appointed by him ? If there be no jealoufies, no interfering of in- terefts, no competitions of interfering friends, to divide and oppofe thefe two offices to each other : if the minifter is not influenced to continue, upon the fame motives upon which he firft appointed ; if he does not fee thefe complaints in a light of oppofition to his nomination and intereft ; feme redrefs may, after a due hearing between the party and the office, be had ; — the authority of the board may be fupported, and a fort of reme- dy applied to the fpecial bufinefs, but a re- medy worfe than the difeafe— a remedy that diftionours that board, and holds it forth to C the ill ml n Ai ( 18 ) the contempt of thofe whom it ought to go- vern. It is not only from the natural imprac- ticability of condud:ing this adminiflratioa under a divided State of power and diredion^ that the neceflity of forming a fome one flate office, or minifter of ftate, for the exe- cuting it arifes : but the very nature of the bufinefs of this department, makes the offi- cer who is to adminifter it a flate officer, 3 minifler for that department, and who ought to have immediate accefs to the elofet. I mud here repeat, that I am no partizan of the Secretary of State's office, or for the Board of Trade : I have ceafed to have any connedtion of bufinefs with either, and have not the lead degree of communication with th(s one or the other* Without reference, therefore, to either, but with all deference to both, I aim to point out, that the depart- ment of the adminiflration of Trade and plantations, be it lodged where it may, (hould be a State office, and have a minifter of ftate. That office, or officer, in a commercial na-* tion like this, who has the cognizance and direcftion (fo far as Government can interfere) of the general trade of the kingdom — whofe duty it is to be the depofitory and reporter of the ftate and condition of it ; of every thing which may advance or obftrudt it, of the ftate 4 i\ ( «9 ) ftate of manufiiftures, of the fisheries, of the employment of the poor, of the promoting the labour and riches of the country, by ftu- dying and advifing every advantage, that can be made of every event vihich arifes in com- mercial politics; every remedy, which can remove any defedl or obftrudlion ; — who is officially to prepare every provifion or re- vifion necefTary in the laws of trade, for the confideration of parliament j and to be the condu(flor of fuch thro' the neceflary mea- fures — is certainly an officer of il:ate, if the Secretary of State, fo call'd, is. That office, or officer, who has cognizance and di- redion of the plantations in every point of government, in every matter judicial or com- mercial J who is to direct the fettlcments of colonies, and to fuperintend thofe already fettled J who is to watch the plantations ia all thefe points, fo far as they ftand related to the government, laws, courts and trade of the mother country is certainly an officer of ftate, if the Secretary of State, fo called, is. That office, or officer, who is to report to his Majefty in council on all thefe points; whofe official yf^/, or negative, will be his Majefty's information in council, as to the legillature in the colonies — is certainly an officer of ftate. That office, or officer, who is to hear and determine on all matters of complaint, and mal adminiflration, of C 2 the ! i\ yi ( 20 ) the crown officers and others, In the plan- tations ; andean examine witnefTes on oath — is furely an officer of ftate. That office, or officer, who is to correfpond with all the fervants of the crown on thefe points, and to be the ifluer of his Majefty's orders and inftrudions to his fervants, on thefe many, great, and important points of ftate — is cer- tainly his Majefty's fecretary, and certainly a fecretary of ftate. But if it be confidered further, who the perfons are, that conftitute the very great and extenfive commiffion of the Board of Trade and Plantations; namely, all the great officers of ftate for the time being, with the bifliop of London, the fecretaries of ftate for the time being, and thofe more efpecially called the commiffioners of trade, it will be feen, that it is no longer a doubt or a que- ftion, as to its being an office of ftate : it i$ ^dually fo ; and has, as an office, as a board, immediate accefs to his Majefty in council, even to the reporting and recommending of officers. This was the plan whereon it was originally founded, at its firft inftitution, by Lord Summers. That great ilatefman and patriot faw that all the powers of government, and feveral departments of adminiftration difunited, were 'M the ( 21 ) were interfering with, and obftrudling each other on this fubjcdt, and not they cnly here in England, but that the rcfpcdtive officers of thefe feveral departments carried all this diftradion into the detail of their bufinefs in the colonies, which I am afraid is too much the cafe even at this day : he faw that this adminiftration could not be conduced but by an intire union of all the powers of go- vernment, and on that idea formed the board of trade and plantations, where, and where alone, thefe powers were united in a one office. In which office, and in which alone, all the bufinefs of the colonies ought therefore to be adminiftred ; for if fuch union be neceffary, here alone is that official union. Unhappily for the true intercft of govern- ment, partly from an intire negledt of this adminiitration in time paft, and partly from the defective partial exercife of it, (ince fome idea of thefe matters began again to revive, this great and wife plan hath been long difufed ; but it is fortunate for the public in this important crilis, that fuch is the tem- per of particulars, fuch the zeal of all for his Majefty's fervice, fuch the union of his fervants, that the fpirit of fervice predomi- nates over thefe natural defeds : fo that all who wifh well to the intereft of this country, in its trade and colonies, may hope to fee that union, at prefent only minifterial, be- C 3 come il^ « -ll l\ 1 1 ( 22 ) come official in this bufinefs, and revive again that great, wife, and conftitutional plan of office, adtuated under the real fpirit of it. The only qneflion at prcfent is, who fhall be the executive officer of this depart- ment of ftate } whether the fecretary of flate, properly fo called j or the firfb lord, and other commiffioners, properly called t/je beard rf trade -, or whether it fliall remain divided, as it is, between the feveral great departments of adminiftration; or whether Jime more official and f radical divifion of this adminiftration may not be made^ Suppofe now, it (hould be thought pro- per, that this adminiftration be placed in the fecretary of ftate's office, all the adminiftra- tion of the plantations may be given to the fouthern department : yet the great object of the general trade of Great Britain muft be divided between the fouthern and the northern, as the matters of confideration happen to lye in the one or in the other de- partment ; and how will the fouthern de- partment ad, when any matter of com- merce arifes in the plantations, that has fpe- cial connexions or interferings with the Dutch, Hamborough, Danifh or Ruffian trade ? It ( 23 ) It cannot lie in the board of trade, pro- perly fo called, until it be found proper, and becomes a meafure of government to ereift that board into a fccretary of ftate's office for this department, which, firft or laft, it mofl; certainly will do. That, therefore, the great bufinefs of trade and plantations may not run into confufion, or be at a ftand j — that It may be carried to the efFedt propofcd, held forth, and dcfired by government, and neceflary to it ; all that can be done at pre- fent is, to put the whole executive admini- ftration, the nomination, correfpondence, ifTuing of conftrudlions, orders, C^c, under the fecretary of ftate, if he has leifure to attend to it, and can undertake it j and to make the board of trade a mere committee of reference and report ; inftead of reporting to the king in council, to report to the fecretary of ftate, who fhall lay the matters before his Majcfty. and receive and iflue his orders j — who lliall refer all matters to this committee, for their confideration, and (hall condudl through the legiflature all meafures neceiTary to be deter- mined thereby. If this be not pradticable, there is no other alternative, than to do di- redly what ought to be done, and what, fome time or other, muft be done ; the making the officer who conduds this de- partment a minifter for that department, with all the powers neceflary thereto. For C 4 until I5i ( *4 ) until a pradlical and eilicient adminiftratlon be formed, whatever the people of this country may think, the people of the colo- nics, who know their bufinefs much better than we do, will never believe government is in earneft about them, or their intereft, or even about governing them j and will, not merely from that reafoning, but from necefllty of thdr circumftances, a(ft ac* cordingly. Knowing, therefore, that fir ft or laft, the nature and ftate of the king's fervicq muft, in fpiie of every idea to the contra^ ry, bring this meafure into execution, I have only curforily fuggefted feme hints of the grounds on which it will arife ; but re^ moved as I am from every communication with adminiftration, and uninformed, I have not prefumed to enter into the diiculTion of this great point. Wherever it is taken up, it muft: be by perfons v/ho, with the benefit of real, official information, and confidential knowledge of meafures, muft have fuperior, and the only lights, in which it ought to be viewed, and determined. Upon a fuppofition, therefore, that this matter is fettled, as moft certainly it will be, fome time or other, I will proceed, confin- ing myfelf folcly to the matters of the colo- nies. w >' ) 5^1 ( 25 ) nies, to review fome points that deferve, and will require, the confideration of go- vernment, it it ever means to profit of, and lead the great Atlantic and American inte- reft which it has acquired, and to unite it to its dominion. Whenever this neceflary meafure of mak- ing that department of adminiftration, which is to dire<5l the trade and plantations of this kingdom, a fecretary of ftate*s office, is car- ried into execution, the feveral points ex- plained in the following obfervations will be taken up, as matters of bu/inefs ; but until that time comes, they will be treated as mat- ters of /peculation f and mere ufelefs, oppro- brious theory. Before entering into thefe matters, I do not think it would be impertinent juft to mark the idea of colonics, and their fpe- cial cirdumftances, which makes it a mea- fure in commercial governments, to eflablifh, cultivate, and maintain them. The view of trade in general, as well as of manufadures in particular, terminates in fecuring an extenfive and permanent vent ; or to rpeak more precifcly, (in the fame manner as (hop-keeping does) in having many and good cullomers : the wifdom, there- 'A i. ,■ \ J, I : I' ,1 •; I!' I I ;|l ( 26 ) therefore, of a trading nation, is to gain, and to create, as many as poffible. Thofc whom we gain in foreign trade, we poflcfs under redridtions and difficulties, and may lofe in the rivaKhip of commerce : thofe that a trading nation can create within it- felf, it deals with under its own regulations, and makes its own, and cannot lofe. In the eflabliHiing colonies, a nation creates people whofe labour, being applied to new objsdts of produce and manufacture, opens new channels of commerce, by which they not only live in eafe and affluence within themfelves, but, while they are labouring under and for the mother country, (for there all their external profits center) be- come an increafing nation, of appropriated and good cuftomers to the mother country, Thefe not only increafe our manufactures, encreafe our exports, but extend our com- merce; and if duly adminiftered, extend the nation, its powers, and its dominions, to wherever thefe people extend their fettle- ments. This is, therefore, an intereft which is, and ought to be dear to the mother country : this is an objedt that deferves the beft care and attention of government : and the people, who through varioCjs hardfhips, difallers, and difappointments ; through va- rious difficulties and almoil ruinous ex- pences, have wrought up this intereft to fuch u ( 27 ) fuch an important obje(!l, merit every pro- t€(5lion, grace, encouragement, and privi- lege, that are in the povi^er of the mother country to grant.— It is on this valuable con- JideratioTj, (as Mr. Dummer, in his fpirited defence of the colonies fays) that they have a right to the grants, charters, privileges and protcdtion which they receive ; and alfo on the other hand, it is from thefe grants, char- ters, privileges and protedion given to them, that the mother country has an exclufive right to the external profits of their labour, and to their cuftom. As it is the right, fo it becomes the duty of the mother country to nouriQi and cultivate, to protedt and go- ver.i ' 'e colonies: which nurture and go- fhould precifely diredt its care to verii two eiiential points, ift. That j^ll the pro- fits of the produce and manufadures of thefe colonies center finally in the mother country : and 2dly, That the colonies con- tinue to be the fole and proper cuftomers of the mother country. — To thefe two points, collateral with the interefls, rights and wel- fare of the colonies, every meafure of admi- niftration, every law of trade (hould tend : I fay collateral, becaufe, rightly urderftood, thefe two points are mutually coincident with the interefts, rights and welfare of the C:plonies, It 'i ! 1 m ; 4 ^•n' ( 28 ) It has been often fuggefted, that care fhould be taken in the adminiftration of the plantations ; left, in fome future time, thefe colonies fliould become independent of the mother country. But perhaps it may be proper on this occafion, nay, it is juftice to fay it, that if, by becoming indepen^ dent is meant a revolt, nothing is further from their nature, their intereft, their thoughts. If a defection from the alliance of the mother country be fuggefled, it ought to be, and can be truly faid, that their fpi- rit abhors the fenfe of fuch ; their attach- ment to the proteftant fucceflion in the houfe of Hanover will ever ftand unftiaken ; and nothing can eradicate from their hearts their natural, almoft mechanical, afFedion to Great Britain, which they conceive under no other fenfe, nor call by any other name, than that of home. Befides, the merchants are, and muft ever be, in great meafure allied with thofe of Great Britain ; their very fupport confifts in this alliance, and nothing but falfe policy here can break it. If the trade of the colonies be protected and di- reifted from hence, with the true fpirit of the adt of navigation, that fpirit under which it has rifen, no circumftances of trade could tempt the Colonifts to certain ruin under any other connedions. The liberty and religion cf the Britilh colonies are incompatible with either ( 29 ) either French or Spanifli government ; and they know full well, that they could hope for neither liberty nor protedion under a Dutch one. Any fuch fuggeftion, therefore, is a falfe and unjuft afperfion on their principles and afFedions ; and can arife from nothing but an intire ignorance of their circum- ftances. Yet again, on the other hand, while they remain under the fupport and protedion of the government of the mother country ; "'hile they profit of the beneficial part of its trade 5 while their attachment to the prefent royal family (lands firm, and their alliance with the mother country is inviolate, it may be worth while to inquire, whether they may not become and ad in- dependent of the government and laws of the mother country : —and if any fuch fymp- toms (hould be found, cither in their go- vernment, courts, or trade, perhaps it may be thought high time, even now, to inquire how far thefe colonies are or are not ar- rived, at this time, at an independency of the government of the mother country ; — and if any meafure of fuch independency, formed upon precedents unknown to the government of the mother country at the time they were form'd, (hould be infirted on, when the government of the mother country was found to be fo weak or dif- traded at home, or fo deeply engaged abroad in u i ^k ' 'AF ^>i m" Ai i A.. \ ''■:!)!"-i\ ( 3° ) in Europe, as not to be able to attend to* and aflert its right in America, with its own people : — perhaps it may be thought, that no time fliould be loft to remedy or redrefs thefe deviations — if any fuch be found ; or to remove all jealoufies arifing from the idea of them, if none fuch really exift. If the colonies are to be pofTefTed, as of right, and governed by the crown, as de- mefnes of the crown, by fuch charters, com- miffions, inftrudlions, &c, as the crown fhall, from time to time, grant or iffuej then a revifion of thcfe charters, commiflions, inftrudlions, fo as to eftablifh the rights of the crown, and the privileges of the people, as thereby created, is all that is neceftary. But while the crown may, perhaps juftly and of right, in theory, coniider thefe lands, and the olantations thereon, as its demefnes, and as of fpecial right properly belonging to it ; not incorporated and of common right with the dominions and realm of Great Bri- tain : in confequence of which theory, fpe- cial rights of the crown are there eftablifh- ed ; and from which theory, the fpecial modification under which the people pofTefs their privileges is derived.- — While this is the idea on one hand, the people on the ' other lay, that they could not forfeit, nor lofe the common rights and privileges of Englifti- Er dii pe vai of coi bu ev( on mi m be th; as fhJ ( 3' ) Englifhmen, by adventuring under various difaftcrs and difficulties, under heavy ex- pences, and every hazard, to fettle thefc vad countries, to engage in untried channels of labour, thereby increafing the nation's commerce, and extending its dominions; but that they muft carry with them, where- ever they g©, the right of being governed only by the laws of the realm ; only by laws made with their own confent : — that they muft ever retain with them the right of not being taxed without their own confent, or that of their reprefentatives ; and therefore, as it were by nature divided off from the fhare of the general reprefentation of the na- tion, they do not hold, by tenor of charter or temporary grant, in a commiflion, but by an inherent, effential right, the right of reprefentation arid legiflature, with all its powers and privileges, as poflelTed in Eng- land. It is, therefore, that the people do, and ever will, until this matter be fetded, exercife thefe rights and privileges after the precedents formed here in England, and per- haps carried, in the application, even fur* ther, than they ever were in England ; and not under the reftridion of commiflions and inftrudtions : and it is therefore alfo, in mat- ters where laws, made (ince their eftablifh- ment, do not extend to them by fpecial provifo, that they claim the right of diredt- I ing >m ill I M I'} '- I I ; • t S '! ( 32 ) ing themfelves by their own laws. While thefe totally different ideas of the prin- ciples, whereon the government and the people found their claims and rights, re- main unfcttled and undetermined, there can be nothing but difcordant jarring, and per- petual obftrudtion in the exercife of them; -—there can be no government, properly fo called, but merely the predominancy of one fadlion or the other, acting under the mafk of the forms of government. This is the fhort and precife abftract of the long and perplexed hiftory of the governments and adminiftrations of the colonies, under the various (hapes with which their quarrels have vexed themfelves, and tcized govern- ment here in Britain. U i' «i : ■ If this idea of the crown's right to go- vern thefe as dcmefnes be juft, and be as right in fact, as it is fuppofed to be in the- ory, let it be fettled and fixed by fome due and fufficient authority, what it is, and how far it extends. But this is not all ; let it be fo eftablifhed, that where it ought, it may actually, and in practice, be carried into exe- cution alfo. If this right be doubted ; or if, being allowed, it finds itfelf in fuch cir- cumftances as not to be able to carry its powers into execution, it will then become an object of government, to fee that thefe colonies ( 33 ) colonies be governed, and their affairs admi* niftered fome other way. There is no doubt in the theory of our conftitution of the king's right, in time of war and array, to cxercife martial law : and yet in pradice it has been found righti (and would not other- Wife be permitted) that this martial law fhould be confirmed by parliament. If, therefore, the feveral points wherein the crown, or its governors acfling under its inftrudtions, differ with the people be con- lidered, and it be once determined what, in order to maintain the fubordination' of the government of the colonies to the govern- ment of Great Britain, is neceffary to be done,— the niode of doing that will be eafily fettled. If it be a point determined, that it lies wholly with the crown to fix and adlu- ate this order of government — the crown will duly avail itfclf of that power, with which it is entrufted, to enforce its admini- ftration. But if it be found that, however this may lie with the crown as of right, yet the crown is not in power to eftablifh this right, — it will of courfe call in aid the power of the legiflature, to confirm and eftablifh if. Bur if, finally, it fhould appear, that thefe colonies, as corporations within the domi- nions of Great Britain, are included within the imperium of the realm of the fame, — it D will I L ' > 'J I 1 *,. '■il 4 If; it ;i !• D'l ^ ll ( 34 ) Will then of right become the duty of Icgt- flature to interpofe in the cafe j to regulate and define their rights and privileges j to cflablifh and order their adminiflration ; and to diredt the -hannels of their commerce. Tho* the firfc of thefe mcafures fhould be, in ftrid juftice, the crown*s right — yet the fecond is the only next pradlicable one : and altho' the fecond, as fuch, may moft likely be adopted — ^yet the third is the only wile and fure meafure. In the fecond cafe, the crown, having formed its feveral general in- ilrudions for the feveral governments, ac- cording to their various charters, grants, and proprietaries, will order the fame, in thofe points which it cannot influence and determine by the effed of its own negative, to be laid before parliament, to be confi- dered and confirmed by the legiflature, in the fame manner as are the rules for governing the army. In the third cafe, the crown will order its miniftry to lay before parliament, the rights and powers of the crown 5 the rights, privileges and claims of the people j with a general (late of the colonies, their intered and operations, as related to the crown, as related to the mother country, as related to foreign powers and interefts, and to the colonies of foreign powers, as related to the laws and government of the mother country ; — perhaps pointing out fome general plant ( 35 ) pkn of government, judicatory, revenue and commerce, as may become, what I hinted at in the beginning of this paper— . the neceflity of fome other re- medy. - The fettling and determining this point 19 of the moft cflcntial import to the liberties on one hand, and the fubordination on the other, of the government of the colonies to the government of the mother country.— In the examination of this point, it vi^ill come under confideration, firft, Whether the full and whole of legiflature can be any way, in any fpecial cafe, fufpcnded j and next, whe- ther the crown, by its inftrudtions, can fuf- pend the elFedl of this legiflature, which by its commiffion or charters it has given or de- clared ; if not, the crown, whether the par- liament cf Great Britain can do it, and how ; whether it (hould be by a(ft of Parliament, or whether by addrefling the crown upon a declarative vote^ that it would be pleafed to provide by its inftrudlions, for the carry- ing the efFedt of fuch vote into execution, as was done in the cafe of the paper-money currency. In the courfe of examining thefe matters, will arife to confideration the following very material point. As a piincipal tie of the fubordination of the legiflatures of the colo- nies on the government of the mother coun- try, they are bound by their conilitutions and \ 1* ■s'f' ■i^i* 1 ■ \ - -1 : '«! m III ( 48 ) «nd charters, to fend all ihei)^ a6is 6{ Icgi- flature to England, to be confirmed or abro- gated by the crown j bat if any of the le- giflatures (hould be found to do almoft every adl of legillature, by votes or orders, even to the repealing the effects of a ilk i ( 52 ) ** and all the other fervants of the crown, ** dependent on the aflembly." This is mere matter of experience j and the fadt, when duly enquired into, muft fpeak for it- felf: — but the operation of this meafure does not end here ; it extends to the affum- ing by the aflembhes the adlual executive part of the government in the cafe of the re- venue, than which nothing is more clearly and unqueftionably fettled in the crown. In the colonies the treafurer is folely and en- tirely a fervant of the afTembly or general court ; and although the monies granted and appropriated be, or ought to be, granted to the crown on fuch appropriations, the trea- furer is neither named by the crown, nor its governor, nor gives fecurity to the crown or to the Lord High Treafurer, (which feems the mofl proper) nor in many of the colonies, is to obey the governor's warrant in the iffue, nor accounts in the auditor's of- fice, nor in any one colony is it admitted, that he is liable to fuch account. In confe- quence of this fuppofed neceflity, for tLe alfembly's taking upon them the adminiftra- tion of the treafury and revenue, the go- vernor and fervants of the crown, in the ordinary revenue of government, are not only held dependent on the aflembly, but all fervices, where fpecial appropriations are made for the e:araordinaries which fuch fer- ( 53 ) fervices require, are adually executed and done by commiflioners appointed by the af- fembly, to whofe difpolition fuch appropria- tions are made liable. It would be perhaps invidious, and might tend to prejudging on points which ought very ferioufly and dif- paffionately to be examined, if I were here to point out in the feveral inflances of the adtual execution of this afTumed power, how almoft every executive power of the crown lodged in its governor, is, v/here money is neceflary, thus exercifed by the afTembly and its commiflioners. I beg leave here to re- peat, that I do not enter into the diicuflion of thefe points j my only aim is, fairly to flate them, giving the fl:rongefl: and cleareft explanations I am capable of to both fides, that the difcufTion may be brought to fome determinate iflue j — and from that flate of them to fugged, the abfolute neceffity there is of their being determined by that part of government, which (hall be found to have the right and power to determine them; and to be fo determined, that while the rights, liberties, and even privileges of the colonies are preferved, the colonies may be retained in that true and confl:itutional de- pendance to the mother country, and to the government of the mother country, which (hall unite them to it as parts of one whole. Es Jt 'i ■f!l m F ^' I ■ I . 1 !!: i T' ; f ' ' ii. ( 54 ) It is a duty of perfedt obligation from go* vcrnment towards the colonics, to prefervc the liberty of the fubjed, the liberty of the conflitution : It is a duty alfoof prudence in government towards itfelf, as fuch conduct is the only permanent and fure ground, whereon to maintain the dependance of thofe countries, without deftroying their utility as colonies. The conftitntions of thcfe communities, funded in wife poliry, and in the laws of the Britilh c^aiflituiion, are cftablifhed by their feveral charters^ or by the King's com- miflion to his governours, being in the na- ture of a charter of government. In thefe, all the juft powers of government are de- fcribcd and defined, the rights of the fubjedl and of the conftitution declared, and the modes of government agreeable thereto eftablifhed. As thefe pafs under the great fcal, nojurifdic- tions f-r offices will be inferred in the powers granted, but what are agreeable and conform to law, and the conftitution of the realm. This the King's commiflion is barely a commiflion during pieafure, to the perfon therein named as governor, yet it provides for a fucceflion without vacancy, or interregnum, and is not revoked but bv a like commiflion, with like powers : it becomes the known, eftablifhed conftitution of that province which hath been eftabliftied I: I 3 ( 55 ) eftabllfhed on it, and whofe laws, courts, and whole frame of Icgiflature and judica- ture, are founded on it : It is the charter of that province : It is the indefeafible and un- alterable right of thofe people : It is the in- defeafible right by which thofe colonics thus eftabli(hed, are the colonies of Great Bri- tain, and therefore not to be altered ; but by fuch means as any reform or new eftablifli- mcnt may take place in Great Britain : It cannot, in its eflential parts, be altered or deftroyed by any royal inftrudtions or pro- clamation i or by letters from fecretarit. of flate : It cannot be fuperceded, or in part annulled, by the ifTuing out of any other commifTions not known to this conAitution. In thefe charters, and in thefe commiflions, the crown delegates to the governor for the time being, all its conftitutional power and authority civil and military — the power of legiflation fo far as the crown has fuch — its judicial and executive powers, its powers of chancery, admiralty jurifdidion., and that of fupreme ordinary. — All thofe powers, as they exift and refide in the crown, are known by the laws and courts of the realm, and as they are derived to the governors are defined, declared, and patent, by the charters and commiffions/)^/^;;/'. It is therefore the duty and true intereA of the Colonifb to maintain E 4 thefe .•■i. ' ii'i: I ! . I'. I f i ' if us: ! M w.\ ill JIP. i (56) thefe rights, thefe privileges, this confti" tution : It is moreover the duty and true in-* tcreft of King, Lords and Commons, to be watchful over, to fupport and defend thefe rights of the colonies : It is the duty of ad- miniftration to hare conftant regard to the cxercife of them, otherwife it will be found a dangerous thing to have given fo much of civil power out of the King's hands, and to have done fo little to maintain thofe into whofe hands it is entrufted. How far the eftablifliment of the office and power of a military commander in chief, not fubordinate but fuperior to thefe conftitutional com- manders in chief, with a jurifdiftion extend- ing over the whole of the Britifli empire in America, is conformable to law, to pru- dence, or found policy, is matter of very fe* rious confideration. All military power whatfoever, as far as law and the conftitution will juftify the efta- blifhment of fuch, is refidcnt in the efta- blifhed office of governor, as Captain gene- ral and commander in chief. There is no power here granted, but what is fpecified and defined by the nature of the conftitution. The fubje not fo- 1 ( S9 ) would behove the crown lawyers well to confider, whenever it (hall be referred to their confideration. If every military power that can legally be included in any commif- fion which the crown will be advifed to ifTue, is already included in the office of governor, as part of the conflitution of thefe provinces and colonies, what commiffion can fupercede the fame, or give power to any other officer than the governor to exercife thefe powers within fuch province ? It was fuggefted by the writer of thefe papers at the beginning of the late war, that if the neceffity of the caic in time of war urged to the appointing a mili- tary commander inchicf of all North America, who (hould command all military operations, and preHde in general over all military efla- blifhmentsfor the general fervice, independent of, and fuperior to, the powers and authorities already granted to the governors and captains general of the provinces,- — it was fuggefted, that no commiffions under the private feal and fign manual could fupercede, revoke, or take precedence of thefe powers granted by letters patent under the great feal, and it was determined accordingly, that the military commander in chief muft have his commif- fion patent under the great feal. But when it came to be confidered what powers fhould be granted in this com million, the wifdom and prudence of the great ftatefman and lawyer who i'-iiit' r^ ,'■ :^ :,: n '-;H (1 hi % f I'i !Ji I H ( 60 ) who was then cntrufted with that feal, iflued the commiflion for the commander in chief, in general and indefinite terms, *' to have, ** hold, exercife, and enjoy the faid office dur- ** ing pleafure, together with all the powers, *« authorities, rights and privileges, thereunto belonging, fubje(fl however to fuch reftric- tions, limitations, and inftrudions, as are given, or to be given, from time to time, un- der the royal fign manual, and charging and requiring all the governors, lieutenant go- vernors, deputy governors, and prefidents of the council of the refpedtive colonics and provinces of North America, and all other officers civil or military within the fame, to be aiding and affifting in this command.'* Thefe general powers undefined and un- known, and fuch as no minifter who advifes the ifluing fuch commiffion will venture to defcribe, thefe general words, power and command, either mean nothing, or fuppofe every thing, when a juftifiable occafion, or perhaps a colourable pretext calls for the exer- cife of them. It was feen that thefe general de- fcriptions were either dangerous or nugatory, ^nd therefore the commander in chief had another commiffion under the private feal and lign manual, in which were inferted all the powers for governing the forces, &c. which were not thought proper to be included and granted by letters patent under the great feal, cc 2 ) If It fhould upon confideration and advice, of which I am no judge, be found that the dictatorial power and command of a military commander in chief, fuperior to the provin- cial governors (however neceflity, in time cf war, might juftify it, ne quid rejpublica de^ irimenti capiat) is not agreeable and con- formable to law, and to the conftitution ei- ther of Great Britain or of the colonies in time of peace ; it may be fuppofed that fuch will not be continued in time of peace, and that as foon as the hoftile ftate of Indian af- fairs ceafes, this power will be made to ceafe alfo. ! %' In the confideration s above, I have fug- geftcd the doubt ; whether this commiflion may be right as to law and the conftitution. But if there be only a doubt of its legality, and there no longer remains an abfolute ne- ceflity for the continuance of it; I think it may be fairly made to appear, that neither prudence nor found policy can juftify it. Such powers with fuch a command may be dangerous to the liberty of the fubjedl, to the liberties of the conftitution of the colo- nies on one hand : And en the other hand, there are no people in the whole world, when their liberties (hall become infedted and un- dermined, fo liable to become the inftru- ments of dominion, as a people who have 2 lived I i ( h ) lived under a free and popular government. This has been the fate of the free ftatcs of Greece and Italy j this the fate of Rome it- fclf :— .But may heaven avert, that this ever becomes the flate of the Britifh colonies. There is not, there cannot be any danger in this power at prefcnt in any degree; — but thus planted when it comes to grow, occulta velut arbor avo^ when it has taken root, and has fpread its branches through the land, it will foon overtop and overfliadow all the ^aker, humbler (hoots of civil liberty, ^.c once this lord of the fored on a permanent foot- ing, it will foon have, as Mr. Harrington fays, ** Toes that have roots, and arms that ** will bring forth what fruit you pleafe.** It is a common obfervation, but it is as trivial as common, which fuppofes the dan- ger of the colonics revolting, and becoming independent of the mother country. No one colony can by itfelf become fo — and no two under the prefent ftate of their conftitu- tions, have any poflible communion of power or intereft that can unite them in fuch a meafure ; they have not the means of form*- ing fuch ; they have neither legidative nor executive powers, that are extended to more than one; the laws of one extend not to the other; they have no common magidracy, no I n I ' 1 I " lit:. m If IMAGE EVALUATION TEST TARGET (MT-3) ^ 4^ 1.0 I.I 11.25 12.2 m lit IM 2.0 11^ 1.4 Hill 1.6 J% HiotQgraphic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. I4SS0 (716) S72-4S03 >"' l/j r c^ o^ i I- ( 64 ) lio common command, in fhort, no one principle of afTociation amongft them : On the contrary, as I have faid elfewhere, the different manner in which they are fettled, the different modes under which they live, the different forms of charters, grants, and frame of government which they poffefs, the various principles of repulffon that thefe create, the different intereffs which they ac- tuate, the religious intereffs hy which they are af, and unconneded with each other, and depen- dent on the mother country. The particular danger here meant to be pointed out, is that of furniffiing them with a principle of union^ by eftablifhing a commander in chief over the whole. If ever the colonies revolt, and fet up an empire in America, here begins the hiffory of it 5 from this period as from the firft dynafty, will future hiftorians deduce their narrative. The Romans, as long as they governed their provinces by the vigour of policy, preferved their dependence, and fee what that policy was. — I will produce two inftances, one in Italy, the other in Greece J Caterum habitari tantiinii tanquam ^ ■ mbem. • ' ( 65 ) uriem, Capuan, frequentarique placiut : cor- pus nullum chitatis necfenatus, ?icc pie bis con- cilium, nee magijiratus efj'e, fine conjUio puh-^ iicOy fine imperio, multitudinem Jiullius ret infer fefociam ad con(enf\iin inhabilem fore*. The other is as follows, after the Romans had entirely overcome Perfeus, and reduced all Macedonia, they reftore it to its liberty ; but to difarm that liberty of all power of re- volt, they divide Macedon into four regions or provinces, not barely by boundary lines, and geographical diftindtions, but by diiTe- vering and feparating their interefts ; divifa Macedonia, partium uftbus feparatis^ et re- gionatim commerciis interruptis J. Under this policy they preferved their provinces, and maintained the empire of Rome ; but when they took up the falfe po- licy of eftablifliing and continuing, in time of peace, military commanders in chief in their provinces, the people of the provinces became an army, and that army fubverted ll ! :ti' ■' ,■■ 1 ''■ -'-w ■ j : m .1 i.i ..;. ii l', I • Liv, lib, 26. § 16. lib. 49, § 30. \ I beg that it may be heie underllood, that while by this example, I mean to point the danger of giving any princirle of union amongft the feveral co'onie?, and the Aire wifjom of keeping this difunion of council and iinperiuai amongll: them» I do from principles of policy as well as thole of llrift juflice, invariably recommend the prefcrvation o*" their refpeitive conditutions, in the full ule and exercife of all their rights and privilege;. F . . the I 'I ,h 1 1 i Ill ( 66 ) the empire. " By how much the more re- mote (fays Machiavell) their wars were, by fo much they thought thofe prorogations more convenient, by which it happened that, the commander might gain fuch an intered in the army, as might make it difclaim the power of the fenate." Publius Philo was the iird to whom his military commiflion was prolonged, and this precedent once fettled, we hear next of the foldiers in Spain declaring L. Marcius imperator in the field. Res malt exempli imperator es legi ab exercitibus et fo- lenne aufpicatorum comitiorum in caftra et provincias, procul ab iegibus magiJiratHu/bue, ad militarem temeritatem tranferri *. ** This it was that enabled Marcius and Sylla to debauch the army \ this it was that en- abled Casfar to conquer his native country. It may be obje^ed, that their great affairs could not have been managed at fo great ** a diftance, without fuch commands : — It ** is poflible indeed, that their empire might ** have been longer before it came to that ** height, but then it would have been •* more lading j for the adverfary would ** never have been able to have ereSled a •' monarchy and deftroyed their liberty fo ** foon." — This power, monarchical from its very nature, may have been dangerous to «( \ m \im ( 78 ) ting on the benches of the courts of law in the colonies, to fay, that they are not, and cannot be expe(^ed to he lawyers, or learned in the law. And on the fecond article it is certain, that although it be a fundan^ental maxim of colony adminiftration, that the colonies fhall have no laws contrary to the laws of Great Britain, yet, from the fluc- tuation of rcfolutions, and confudon in the conftrudion and practice of the law in the divers and feveral colonies, it is certain, that the pradtice of their courts, and their com- mon law, mud be not only diHerent from each other, but in the confequence difierenC alfo from that of Great Britain. In all the colonies the common law is received as the foundation and main body of their law ; but each colony being vefted with a legiflative power, the common law is thereby conti- nually altered ; (o tliat (as a great lawyer of the colonies has faid) ** by reafon of the di- verlity of the refolutions, in their refpec- tive fuperior courts, and of the feveral new adts or laws made in them feverally j " the feveral fyftems of the laws* of thofe *' colonies grow more and more variant, •' not only from one another, but alfo from *' the laws of England/* cc cc C- 493^5 ^ 10 ( 99 ) Suppofe now the reft of the ^. s, J, colonies to be no more than able to double this fiim : The fum-total that the colo- nies will be able to raife, ac- cording to their old tax-lifts, and their own mode of valua- tion and of rating the produce J9 8791 13 8 of eftates, real and perfonal, will be> at one (hilling in the pound on the produce, per an- num. >n the produce, per an- :•; I:' I ' ^i-^f! In juftice to the reft of the provinces, par- ticularized above, I ought to obferve that, by the equalleft judgment which I can form, I think that the province of South- Carolina is the moft under-rated. I fhould alfo point out to the American reader, that, as the calculations and lifts above referred to, are taken from the private colledtions of the writer of thefe papers, without any official communication of fucli papers as miniftry may be pofteftcd of, I defirc him to give no other credit to them, than fuch as, by referring to his own know- ledge of the ftate of things in the colonics, he finds to be juft and near the truth. I ihould, on the other hand, inform the Eng- lifti reader, that thefe were collected on the fpot, and communicated by perfons leading, H 2 and 'ME I I 'hi til. M III ( 100 ) and thoroughly converfant in the bufinefs of their rcfpedtlve provinces. Another remark is neccflliry. That, CX' cept what relates to Penfylvania, thefe col- ledions were made nine years ago 5 fo that, wherever any difference may arife, from the different proportion in which thefe provinces have encrcafed, that ought to be carried to account j at the fame time, that a certain ad* dition may be made to the whole from tho certain encreafe of all of them. If this moderate tax, raifed by the above moderate valuation, be compared with the internal annual. charge of government in the rcfpedtive provinces, that charge will be found much below the fupplies of this fund. 7'hc whole charge of the ordii^nry expence ol government in the province M&lfachufett's- Bay, which does, by much, more to the fupport of government, and other public fer- viccs than any other province, is, in time of peace, fterling 12937/. ^^ ^' vvhereas that of New- York is not more than about, fter- ling, 4000 /. annually. When thefe points (hall be fettled, there cannot be a doubt but that the fame zealous attention, which all parties fee and confefs to be applied in theadminiilration of the Britifli d.'partment to the public revenue, will be ap- 2 plied \[ 11 < 101 ) plied to the eftabllfliing and reforming that of America. ' I ii m • wt A proper knowledge of, and real attention to, the Crown's quit-rents in America, by reviling the original defechy by remedying the almofl infurmountable difficulties that the due colledtion of them ib attended with, may render that branch a real and effedivo revenue, which at the Hime time will be found to be no inconfiderable one. . By proper regulations for fecuring the Crown's rights in waifs and wrecks, in fines and forfeitures, and by proper appropriations of the fame, that branch of revenue may be made effedlve : But, whenever it is ta- ken up in earnefl, whenever it fliall be re- folved upon to give a real official regard to the revenue in America, the office o^ Auditor Gejieral of iJoe plantatiom muft ceafe to be a mere finecure benefice, and be really and ef- fectively eflabliflied with fuch powers as will carry the duty of it into execution, yet un- der fuch cautions and reftridions as (hall fe- cure the benefit of its fervice to the ufe of the crown. Here it will be neceflTary to remark, that^ while adminiftration is taking meafures to fe- cure and eilabli(h thofe duties which the H 3 fubjea: i ■ . 5 itii I ( • I til 1 KiH ■ i P, ■I V t ' 111 I J '4 . ,.. i 111 ^ t liL ^4 1 ■f ( 102 ) fubjc6l ought to pay to government, it much behoves the wrifdom of that adminidration to have care that the fubjed hath lome fpe- cies of money out of which to pay. The Britifh American colonies have not, •within thtmfclves, the means of making money or coin. They cannot acquire it from Great Britain, the balance of trade being againft them. The returns of thofe branches of commerce, in which they are permit- ted to trade to any other part of Europe, Sre but barely fufficient to pay this balance.— By the prefent adt of navigation, they are prohibited from trading with the colonies of any other nations, fo that there remains no- thing but a fmall branch of African trade, and the fcrannbling profits of an undefcribed traffic, to fupply them with filver. How- ever, the fad: is, and matters have been fo managed, that the general currency of the colonies uftd to be in Spanilh and Portu- guefe coin. This fupplied the internal cir- culation of their home bufinefs, and always finally came to England in payments for tvhat the colonics exported flom thence. If the adt of navigation fhould be carried into fuch rigorous execution as to cut offthis fup- J)ly of a filver currency to the colonies, the thoughts of adminiftration (hould be turned to the devifmg fomc means of fupplying the - ' colonics ( 1^3 ) colonies with money of fome fort or other : and in this view, it may not be improper to take up here the confideration of fome gene- ral principles, on which the bufinefs of mo- ney and a currency depends. Silver, by the general confent of mankind, has become a DETosiTE y which ts^ the com- mon MEASURE of commerce. This is a ge- neral cffedt of fome general caufe. The ex- perience of its degree of fcarcenefs compared with its common introdudion amidfl men, together with the facility of its being known by its vifible and palpable properties, hath given this effedl : Its degree of fcarcenefs hath given it a value proportioned to the making it a dfposite, and the certain quan- tity in which this is mixed with the pofTjf- iions and tranfadions of man, together with the facility of its being known, makes it a COMMON MEASURE amongft thofe things. There are perhaps other things which might be better applied to commerce as a common meafure, and there are perhaps other things which might bttter anfwer as a depofitej but there is nothing except filver known ajid acknowledged by the general experience of mankind, which is a depofiie and common meafure of commerce. Paper, leather, or parchment, may, by the faiidtion of govern- ment, become a c. rninon meafure to an ex- tent beyond what filver could reach j yet all H 4 the f "I ' I: %l m m m ,: 'I J, ■ ■ Vij ■ i II iiii" '^1 ( iC4 ) the fandion and power of government never will make it an adequate depolite. Dia- monds, pearls, or other jewels, may in ma- ny cafes be confideredas a more apt and fuit- able depofite, and may be applied as fuch, to an extent to which filver will not reach ; yet their fcarcity tends to throw them into a monopoly ; they cannot be fubdivided, nor amailcd into one concrete, and the know- ledge of them is more calculated for a my- flery^ or trade, than for the forenfic ufes of man in common, and they will never there- fore become a common mcafure. If* 11'. m ft liil This truth eftablifhed and rightly undcr- flood, it will be feen that that ftate of trade in the colonies is the befl, and that admini- flration of the colonies the wifeft, which tends to introduce this only true and real currency amongft them. And in this view T muft wifli to fee the Spanifh filver flowing into our colonies, with an ample and uninter- rupted ftrenm, as I know that that ftream, after it hath watered and fupplyed the re- gions which it pafTeth through, muft, like every other ftream, pay its tribute to its mo- ther ocean : As this filver, to fpeak without a metaphor, after it hath pafTed through the various ufes of it in the colonies, doth always come to, and center finally in Great Britain. The ( 105 ) The proportion of this meafure, by the general application of it to feveral different commodities, in different places and circum- flances, forms its 0'W7%fcale. This fcale arifcs from the effed of natural operations, and not from artificial impojition : If therefore lilver was never ufed but by the merchant, as the general meafure of his commerce and ex- change, coin would be (as it is in fuch cafe) of no ufe 3 it would be confidered as bullion only. Although bullion is thus fufficient for the meafure of general commerce, yet for the daily ufes of the market fomething more is wanted in the detail ; fomething is wanted to mark to common judgment its proportion, and to give the fcale : Government therefore, here interpofes, and by forming it into coin gives the fca/e, and makes it become to fo- renfic ufe an instrument in detail, as well as it is in bullion a measure in gene- ral. This artificial marking of this fcale on a natural meafure^ is neither more nor lefs than marking on any other rule or meafure, the graduate proportions of it : And this artificial marking of the fcale, or graduating the meafure is of ro ufe but in detail, and ex- tends not beyond the market 5 — for ex- change reflores it again in commerce. No artificial flandard therefore can be impofed. Having , 'M \'.'V\ mm % Ml: m -»* . at.- - ■ % m y H 1 If Hi H ^ i 1' 1 1' -^HB 1 i MS 1^ 11 ill, f io6 ) I Having this idea of money and coin, I could never comprehend to what general ufes, or to what purpofes of government, the procla- mation which Queen Ann IfTued, and which was confirmed by ftatute in the fixth year of her reign, could be fuppofed to extend, while it endeavoured to rate the foreign coins cur- rent in the colonies by an artificial flandard. It would feem to me juft as wife, and an- fwering to juft as good purpofe, if govern- ment Ihould now iflue a proclamation,, di- redling, that for the future, all black horfes in the colonies fhould be called white, and all brindled cows called red. The making even a law to alter the names of things, will never alter the nature of thofe things; and will never have any other eflFed:, than that of in- '^oducing confufion, and of giving an opportu- "tay to bad men of profiting by that confu- fion. The fareft and wifeft meafure which go- vernment can take, is not to difcourage or obflru6t that channel through which filver flows into the colonies, — nor to interfere with that value which it acquires there j — but only fo to regulate the colony trade, that that lilver fliall finallv come to, and center in Great Britain, whither it will moft certainly come in its true value ; — but if through any fata- lity in things or meafures, a medium of trade, a cur- ( 107 ) a currency of money, fhould grow defedlive in the colonies, the wifdoni of government will then interpofe, either to remedy the caufe which occalions fuch defe(ft, or to con- trive the means of fupplying the deficiency. The remedy lies in a certain addrefs in carry- ing into execution the adt of navigation ;— but if that remedy is negledled, the next re- courfe muft lie in fome means of maintain- ing a currency fpecia!!y appropriated to the colonies, and muft be partly fuch as will keep a certain quantity of filver coin in cir- culation there,-r-and partly fuch as ihall efta- blifli a paper currency^ holding a value nearly equal to filver. On the firft view of thefe refources, it will be matter of ferious conlideration, whe- ther government fhould eftablifli a mint and coinage fpeeially appropriated for the ufe of the colonies ; and on what bails this (hould be eftablifhed. If it be neceflary that filver, which in bullion is a common meafure of general commerce, fhould, that it may be inftrumental alfo to the common ufes of the market, be formed into coin, it (hould be fo formed, that while it was the duty of the public to form this coin, it may not be the intereft of the individual to melt it down again into bullion. If I .: ' 1 1 ;.ri ■ m f'tHiH , i; i i I ( i°8 ) If a certain quantity of coin is ncceflary for tiie forcnfic ufes of the colonies, it fhould be fo formed as /« m ordinary courje of bu- iinefs to become the intereft of the merchant to export it from thence. This coin fliould be graduated by alloy, fomewhat below the real fcale, fo as to bear a value in tale, fomewhat better than the iil- vcr it contains wojuld fetch after the expence of melting down the coin into bullion,—- fomewhat better as an inftrumenty in com- mon forenfic ufe, than the merchant in or-^ difiary cafes could make of it, in applying it €is a meajure by exporting it. I have here inferted the caution againft ordinary cafes only, as I am not unaware that the lowering the intrinfic worth of the coin for America, will have in the end no other eiFc(ft, than to raife the price of the European goods carried thither, while the coin will be exported to Great Britain the fame as if it were pure filver. If fuch a necefiity of an artificial currency fhould ever exift in the colonies, and if fuch a coinage waseftabliftied, the Colonifts would, for the purpofes of their forenfic bufinefs, purchafe this injlrumcnt either in gold or filver I I ( 109 ) iilver, in the fame manner as they do now purchafe copper coin for the fame purpofes. There are two ideas of a paper currency. The one adopts a meafure /or eftabliihing a bank in the colonies, which is quite a new and untried meafure ; the other turns the view to the regulating the prefent paper money cur- rency, which the colonies have had expe- rience of in all its deviations, and to the efta- blilhing the fame on a fure and fufficient bafis. » I have feen this plan for a proviiicml hank^ and think it juftice to the very knowing per* fon who formed it, to fay, that it mufi be becaufe I do not underhand it, that many objecflions arife in my mind to it. When- ever he fliall think fit to produce it, it will come forth clear cf all obje(fi:ions, with that force of convidion with which truth always flows from a mind in full and perfed pollef- fion of it. In the mean while, I will recommend to the confideration of thofe who take a lead in biifmefs, a meafure devifed and adminiftered by an American affembly. — And I will ven- ture to fay, that there never was a wifer or a better meafure, never one better calculated to fcrve the ufes of an encreafing country, that 1'"' >' I' il \rl W .f^n 'i'l^^' 1 I ii.1 i; ; 1 ' : 'if ' > 'l i I il ; I ;!•: '■ n I ! •; I ' V. ! t ; "i ! Si' ( Jio ) that there never was a meafure more fleadlly purfued, or more faithfully executed, for forty years together, than the loan-office in Penfylvania, formed and adminiflered by the AlTembly of that province. An encreafing country of fettlers and traders muft alway have the balance of trade againil: them, for this very reafon, becaufe they are cncrealing and improving, becaufe they muft be continually wanting further fupplies which their prefent circumftances will neither furnifti nor pay for : — And for this very reafon alfo, they muft alway labour under a decreafing iilver currency, though their circumftances require an encreafing one. In the common curfory view of things, our politicians, both thcorifts and praditioners, arc apt to think, that a country which has the balance of trade againft it, and is continually drained of its filver currency, muft be in a declining ftate ; but here we may fee that the progreffive improvements of a commercial country of fetders, muft neceflarily have the balance of trade againft them, and a decreafing filver currency ; that their continual want of money and other materials to carry on their trade and bufinefs muft engage them in debt — But that thofe very things applied to their improvements, will in return not only pay thpfe debts, but create ( ni ) create alfo a furplus to be ftill carried for- ward to further and further improvements. In a country under fuch circumftances, mo- ney lent upon intereft to fettlers, creates money. Paper money thus lent upon intereft will create gold and lilver in principal, while the interejl becomes a revenue that pays the charges ^government* This currency is the true Pa<^olian ftream which converts all into gold that is wafhed by it. It is on this prin- ciple that the wifdom and virtue of the af- fembly of Penfilvania eftablifhed, under the fandion of government, an office for the cmiflion of paper money by loan. Some matters which were intended to have been inferted here, are fufpended for the prefent, for reafons which I hope may lead to more public benefit, than the making them public in this work could do. —I proceed therefore to the conlideration of the ordinary mode of making paper-money, by the legiflatures of the colonies iiTuing government-notes, payable at a certain period by a tax. It may be ufeful to give fome de- fcription of this, and to point out fuch re- gulations as will become neceffary in this cafe. This paper-money confifts of promiflbry notes, iflbed by the authority of the legifla- ture of each province, deriving its value from being 'I :r: 1 1 K r I ( \ s\\ ?. u if ■ k lis 'J, '■I !*fl:. m v\ h ( "2 ) being payable at a certain period, by monies ariHng from a tax proportioned to that pay- ment at the time fixed. Thefe notes pafs as lawful money, and have been hitherto a legal tender in each refpedive province where they are iiTued. ,1 II i 1 i "^ , 3 As any limitation of the uses of thefe notes as a currency, muft proportionably de- creafe its value 5 as any infecurity, infuf- ficiency, or uncertainty in the fund, which is to pay off thefe notes, muft decreafe their value J as any quantity emitted more than the neceflities of fuch province calls for as a medium, muft alfo decreafe its value ; it is a diredt and palpable injuftlce, that that me- dium or currency which has depreciated by any of thefe means from its real value, fliould continue a legal tender at its nominal value* The outrageous abufes pra<5lifed by fome of thofe legiflatures who have dealt in the manufadure of this depreciating curren- cy, and the great injury which the mer- chant and fair dealer have fuifered by this fraudulent medium, occafioned the interpo- iition of parliament to become neceffary :— . Parliament very properly interpofed, by ap- plying the only adequate and efficient re- medy, namely, by prohibiting thefe colony legiflatures from being able to make the paper cur- ( "3 ) currency a legal tender. And government has lately for the fame prudent rcaions made this prohibition general to the whole of tlie colonies. For, ivhett thh paper -money cannot be forced in payment as a legal tender „ this very circumftance will oblige that legiflature which creates it, to form it of fuch internal right conftitution, as (hall force its own way by its own intrinfic worth on a level nearly equal to lilver. The legiflature muft fo frame and regulate it as to give it a real 'value, Thefe regulations all turn upon the fuf- ficiency and certainty of the YVi^Tt, the extent of the USES, and the proportioning the qjjan- TiTY to the adtual and real neceflities which require fuch a medium. 'ihe FUND (hould at leaft be equal to the payment of the principal /// a limited time ; and that time (hould be certainly fo (ixed, as that the legiflature itfelf could not alter it. Where the paper currency is treafurer's notes given for fpecie actually lent to govern- ment, the fund whereon it is borrowed fhould be alfo capable of paying, ad interim, a certain intereft, as is the cafe of treafurer's notes in the province Maflfachufetts-Bay. This medium ought to be applicable to all the equitable as well as legal uses of lilver I money 2 ! ' k'tl ■\ it!| I I : ( >H ) money within the colony or province, ex- cept that of being a legal tender. Tie QUANTITY ought always to be pro- portioned to the neceflity of the medium wanted ; which (the fund and tifes being fairly and abfolutely fixed) may always be judged of by the rife or fall of the niahie in its general currency or exchange : for where tlie quantity iflued is more than ne- ceflity requires, the value will depreciate : and where the fund is good, and all proper ufes of the medium fecured, fo long as no more paper is ifTued than necelTity does re- quire, it will always hold a value near to, though fomewhat lefs than (ilver. On this fubjedl J here refer the reader to the follow- ing very judicious trad, written and given to me, fever al years ago, by Tench Francis^ Elq; late attorney-general of the province of Penfyivania, converfant in thefe matters, both as a lawyer and a merchant. I print and publiQi it by leave of a near relation, and fubjoin it as containing the moll exadt and deciiive fentiments on this fubjedl that I have any where met with. I entitle it, Con- siderations ON A Paper-Currency. ALL value is given to things for their fitnefs or power to aiifwer or procure the ne- ceflary ( 115 ) ccflary conveniencies or pleafures of human life. This value may be confidered as abfolute or relative. Abfolute value terminates in our efteem of any thing, without referring to any other ; relative is that which it has compared with another. The latter only I fhall have occafion to treat of. Men have power to difcover qualities in a thing, which (hall give it value. They can by laws, cuftoms, or fafhions, greatly in- creafe that value; yet, to know or fix its worth or price, compared with other things a priori^ has always been found beyond their reach and capacity. This is owing to an inability to forefee, eftimate, and govern exadly all the points and circumftances, on which the value of things turns, which are fuch as are in, or fol- low the nature and order of things in gene- ral, and then may be forefeen and judged of with fome certainty 3 or which confift of the paffions, prejudices, and mifapprehenfions of mankind, whofe number and influences we cannot rate or calculate. From the natural ftate and order of things, I think it may be affirmed, that the worth I 2 or m II'- I 'VK ■'■>m VV.smA I I, i I I'' '!!t i''| .11 'I M ,1 I ( 116 ) or price of any thing will always be, ns the quantity and uTcs amongtl: mankind ; as the ufes dirc^Aly, and as the quantity reciprocal- ly or inverlely. Ufc is the fole caufe of value, and value the necefTary cfFed of ufc. Abat- ing thefe diftindions of caufe and tffed:, ufelefs and worth Icfs, are fynonymous terms. Every man muft agree, that if you add to a caufe, you muft increafe the effedl j fubftra(5t from it, and the contrary effedl muft fol- low. Let the quantity of any thing be as 20, and the ufes as 20, and let it have a va- lue 5 let the ufes be increafed to 30, without inlarging the quantity ; it is plain, the equal proportion that every man can enjoy will be as 20 divided by 30, -ds only. Dut this being lefs by J- than each man requires, the demand for it, and confequently the value muft rife. Subftrad 10 from the ufes when 20, and then under an equnl diftribution, each ftiall have double the value he wants, which muft Icllen the demand, and the value dependent upon it. Governing the ufes is one of the rational powers, that nieu have over the value of tilings. Experience teaches tlie meaneft under- ftanding, that price dcptnds on quantity, and that they are to each other inveikly, or the more ( "7 ) more of one the lefs the other. Water is as necefTary as any thing, and a dian^ond perhaps as little ; yet the fiiperfluous plenty of one has rendered it of no worth in mofl places, and the fcarcity of the other has car- ried it to an extravagant price. Limiting the quantity is another rational power men have over the value of things j and I do not know a third. From hence it appears, that increafinp; the ufes, and lefleninii; the quantity, and lei- fening the ufes, and incrcaling the quantity, muft always have the fame influence upon the rates and prices of things. Therefore, whenever I (liew the effedt of one, for bre- vity's fake, let it be underftood, that I fup- pofe the fame confequence will attend the other refpe■ ' hi iV i'. ■ 1' 'i-n m ,/ in- ;si ~fr J' W I "I % 1 1'; i te, III ( "8 ) fiders the prevalence of men's appetites for a fcarce commodity, under the dreads and ap- prehenfions of wanting it, with their different abilities to procure it, on one hand, and their great contempt of ufelefs excefs on the other, muft agree it is more than probable, that the difference between the means and the ex- tremes (hall not be the fame in the prices, as in the quantities. Merchants, by experi- ence, have found the truth of what I ad- vance. I think they have obferved, that lef- fening a commodity one third from the mean quantity, cater is paribus ^ nearly doubles the value ; adding a third, fubflrads one half from it J and that by further increafing or diminishing the quantity, thefe difpropor- tions between the quantity and prices vaflly incieafe. It is extremely difficult, if not impoffible, to invertigate thefe proportions mathema- tically ', but events fpringing from ufe and expercnce have equal certainty in them, and to all pradical purpofes are as much to be relied and depended upon. It is further worth obfervation, that what- ever flu(5tuates much in quantity, and confe- quently in worth, will fink beneath its mean value. 5uppofe ■11 ■! be ( 119 ) Suppofe the quantity of any thing pro- duced in every 50 years be exadtly the fame: let the annual produdt be as one anfwerable to the neceflities of mankind, then the va- lue in each year (hall be as one, and the whole equal to 50. But if the quantity of the annual produdt fluduates, there will be annual fluduations in the value j but as the proportions of the decreafe of value, f om experience above flated, will be greater than the proportions of the increafe of value, this fludluation will caufe a deficiency in the mean value, which deficiency will always be in proportion to the greatnefs and quicknefs of the changes. This, I prefume, is occa- fioned by the defire of mankind in general to reft on certainty, rather than rely on what is fluctuating and inconflant, though they fhould exped: gain equal to the rifque, and by the low circumftances of the majority of men, whofe fortunes, in all prudence, diredl to the firfl, rather than the latter. The cafe of infurances is an evident proof of this re- mark. If the infurers gain, which 1 think muft be admitted, then they receive a pre- mium beyond the value of the rifque, and this gain the infured pay for certainty againft contingent lojes* Thefe few rules of efllmating the value of things, well applied, will, I prefume, I 4 (hew ■;i 'Pi 'M .}. I J,' **. m ir > ;,!(■. , 1 I I ( hi iiS ..•■,M ( 120 ) fliew when it is convenient to introduce pa- per-money into a country, and when it will prove hurtful j what are its advantages and inconveniencies, general and particular, when introduced j of what great importance it is to prevent an cxccfs in quantity, and to ex- tend the ufes ; and nearly what its value will be in any given ftate. If a nation has a quantity of money equal to its commerce, the lands, commodities, and labour of the people lliall bear a middle price. This {late is the beft, and tends moft to enrich the people, and make their hap- pincfs Lifting. If they fliould mint paper to pafs for money, tlie increafe of quantity hi the former will lefTen the value of the lat- ter, will raife the price of lands and rents, and make the labour of fuch a people, and the commodities, be rated higher than in other places. Men's fortunes will rife in no- jninal, net real "caliic -, from whence idlenefs, cxpence and poverty fliall follow. Under thcfe circumflances, their real money^ in- flead of their commodities, (l:iall be exported from them. Here the paper will be their bane and deftrud:ion. liut if their com- merce, or ufes of money, exceed the quan- tiryofit, their lands, labour, and commo- dities lliall link beneath their worth in other countries. Few purchafers of lands will be found ( 121 ) found in regard to the fuperior profit that muft attend the ufe of money in trade : the wealthy merchant Jl: all be at the head of affairs^ with few competitions j he fhall be able to grind down the farmer in the fale of his com- modities, and, when thofe fail to fupport him, in the purchafe of his lands. The artifan's labour fball be depreciated by the merchant who exports it, or the needy farmer that ufes it. The wealthy only (hall accumulate riches, the commonwealth fhall decline, and in time farmers and artifans muft defert the place for another, where their labour (liall be better rewarded. Here the ufe of paper- money will fhake off the fetters and clogs of the poor. Merchants will multiply ; they V ill raife the price of labour, and of the ."i ults of the earth, and thereby the value of lands. An equal diftribution of gain and profit ftiall fucceed, and deftroy the partial accumulations of wealth. ;;|. hA '\ I think thefe marks, taken from the value of lands, labour, and commodities, compared with their worth in other countries, will be found the only infallible rules to judge of an equality, excefs, or defed of money in any place wherefoever ; and confequently will, at all times, unerringly (hew the ne- ceflity of increaling coins, or the contrary. Had a neighbouring province well underftood and ) ( 122 ) and weighed thefe points, they had not created a paper credit far exceeding all their Ufes for money, when they were able to fup- ply themfelves with gold equal to their trade, nor at the fame time have dammed up fo ttiany ufes for it, which now cover them with clouds and confufion, that no man can fee his way through. The heft method they can ufe is to fink it as faft as poflible, and not let their fund lie in Britain at an intereft lefs than 4 per cent* when it is worth 6 in their own country, and their paper paiTes 50 per cent, lefs than the nominal value. But to return : when it is found neceflary to add paper-money to the coin of any country, to fupport its value ought to be the main and principal view. This will turn upon the FUND, the USES, and the quantity. All value arifing from the ufe, I beg leave to call extrinJicL Having fliewn that paper-money acquires its extrindc value from the ufes, which ufes apparently may be encreafed or diminiflied ; I think it would be needlefs and mifpending the reader's time, to demonftrate, that this value mnft be in dircd proportion to the ufe, i for it u'ouLl really amount to no more than the proc^f of an axiom univerfally ac- knowledged, that the effect fhall always be adequate ( 123 ) adequate to the caufe. Therefore, in all future arguments, 1 fhall take it for granted. The fund ought to be as fatisfadory to mankind as human wifdom can devife and furnifh. The community (hould become fecurity to anfwer all deficiencies in the fund ; this is iiot ojily the higheft juftice, but the bed policy. ' It is juft, becaufe it is a creature of their own, calculated for their private utility and advantage, and is in the management of the country by their reprefentatives and officers. But when they receive an intereft from the money, the equity of it is unan- fwerable: for it feems wholly inconfiftent with jaftice, that one (hould receive the in- tereft, and another run the rifque of the principal. Policy requires it, becaufe the community will certainly receive more profit from its credit under their fupport, than, with due caution, they can probably lofe by accidents in the fund. Our next confideration, with refpedl to the value, turns on what the fund is to pay, and when, Thefe are arbitrary, being with- in the power of thofe by whofe authority the money is emitted. But for the prefent pur- pofe : let us fuppofe it is to pay filver money, according m It- 'l'!»''' " t" 'I trill m m jtll:!" i\m ii. \ ill fl i 'I ( 124 ) according to the late Queen's proclamation, to the value of 1000/. for fo much of the paper, as, according to the nominal valus, amounts to that fum at the end of 15 years. In this flate the 1000 /. paper, witb regard fo ihefu7id alone, at the time of its emiffion* is worth no more proclamation money than what will produce looo/. of that money at the end of the term, at compound intereft, under as good fecurity. For example, take a 1000/. paper, and let it reprefent that the pofTeflbr fliall receive 1000/. proclamation money for it at the end of 15 years, and let the ufe of money- be worth 6 per cent, per annum j rebate 6 per cent, per annum with compound intereft for 15 years, and you have the value of the 1000/. proclamation money in hand, which appears to be but 417/. 5^. 34: ; more it cannot be worth, becaufe 417 /. 5 J. 3^, with 6 per cent, per annum compound intei eft for 1 5 years added, will amount to 1 000 /. On tliis ftate it appears, that the longer the term, the lefs the value, with regard to the fund alone. From whence it follows, that by increaling the term, this value may be reduced to a degree beneath eftimation. But whatever the value thus proved be, I call it intrinjkk. The usl re ( «2S ) The Fund eftablifhed, I proceed to the USES as they next require our attention in regard to the value of the paper-money. If value, in refped: to the ufcs of things, (hall always be in dired: proportion to thofe ufes, (which I prefume I have heretofore proved in general, and (hall hereafter (hew is true in relation to paper- money) and we defign to raife the power, it follows clearly, that to bring this to pafs, we ought to give it all the ufes of money, or coined geld and iilver in other countries. From thefe ufes alone it muft derive all the worth it fhall bear beyond what I called the intrinfick value. For the purpofe take the cafe fated on the Fund only, that the poflefforof looo/. pa- per {hall receive looo/. proclamation money in exchange for it, at the end of 15 years. On this account the paper appeared to be worth but 417/. 15 J. 34. But fnppofe this icoo /. paper may be immediately exchanged for 800/. proclamation money, which is 382/. 14^. 8 [ more than the intrinfick worth, how has it acquired this exceeding price or value ? I think plainly from the ufes. To prove the truth of this, fuppole all the ufes as money taken away j unqueftionably then the worth of 1000/. paper in proclamation money will be reduced to what I call the intrinlick value j becaufe, depending upon the h:^' :^f 1 .tiWl ■•'■;:;< ! ^U r; 1" I is 1 i ( 126 ) the fund alone, it will be cxadtly in the (late of a fund to be paid at a future day ; for in neither cafe can the creditor ufe it in the mean time. But if the creditor can by any contrivance ufe the fum in that time, as he may the paper when it pafTes for money, that ufe mull be fomething worth. And when experience {hews, that under this ufe the va- lue advances from 417/. 151. 34- to 800/. I apprehend it is evident to a demonftration, that the difference is derived from the ufe. To deny it muft be as irrational and abfurd, as if, upon adding and extrading an ingre- dient to and from a compofition, we per- ceived properties in the compofition appear and difappear, and yet were to deny that fuch ingredient was the caiife of thofe pro- perties. This leads me to attempt the folu- tion of a queftion I have known frequently made. If we in Penfylvania, upon a fuffi- cient fund anfwerable in lilver, at a future day, mint a quantity of paper equal to the ufes of the people for money, and they wil- lingly and univerfally accept of the paper in all payments, why (hould it not, at all times, have value equal to the nominal value, or to the fum chargeable on the fund at the day to come. This reafon, urged by many, to fupport the paper to this degree, is drawn from the nature of money in general. Mo- ney, fay they, is but a ticket or counter, which reprefents to the mind of the poffeflbr aquan- 4 { 127 ) a quantity or degree of power. No man* on the receipt of it, ever examines how, or from whence it acquired that power, but in order to difcover its reality and duration. For inftance, when an Englifh crown is re- ceived, does the acceptor regard any proper- ties in the metal, or the figures of it, but thofe which are to convince him that it is what it appears to be ? a crown. It muft be confefled, he does not. If fo, then why may not a piece of paper, under diftinguifh- ing chara(4ers and impreffions, affixed by law and common confent, have the power of an Englifh crown annexed to it ? It is to pafs in the fame manner as a crown does, and in the end will as certainly be a crown as the real one. Therefore they conclude, that the paper may, and ought at all times, to be efteemed equal to the quantity of filver the fund is to yield for it at the end of the term. I confefs I think this reafoning fair, and the conclufion juft and fatisfadtory, if we do not ufe filver in our commerce^ foreign or dome/- tick : otherwife not. The hd: is, we do ufe filver in our foreig.i commerce, I pre- fume it will be eafily admitted, as the paper reprefents the filver in the fund, and from thence obtains its credit, that it Ihall always be Hi I 1k »! i '■■A U .i' ■ ■'1 vm 41 i. I I I I ■1 '! 'I :■! ':;>ui Hi iiiiiii it ( "28 ) be at lead of equal ufe with, or be as readily received as paper. Then if filver in hand has one power, one ufe more than the paper, .to wit, that of procuring foreign commodi- ties, it is impoffible we can efteem them equally. For that would be to controul the different virtues and influences of things over the mind of man, which necefllirily depending upon the things themfelves, no laws or confent can, by any means, vary or direift. Wherefore, in the cafe dated, it feems to me certain and undeniable, that the paper mufl have lefs worth than the filver. Having faid, that the ufes of the paper fhould be as many as poflible, it may be proper for me to fpeak of fome of thofe ufes, the equity and advantage of which have been very much controverted. But here let it be underftood, that I proceed upon the cafe laft ftated, that the quantity of paper is to be equal to all the ufes of money withm the country. For that ftate, and a partial fup- ply of paper credit, differing in principles, requiring different reafoning, and infer quite oppofite confequences. Fird, then, it feems jud: and reafonable to compel all perfons contrading for filver mo- ney, after the law that raiies the paper mo- ney to be paid in the country, to receive the ( 129 ) the paper in lieu of it^ and at the value flruck from the fund, although that be inferior to the real value. This perhaps may not be ftridl equity between the contrasting parties, but it \%)M&.from the community ^ who have power from the confcnt of every member, by laws, to prohibit the exercife of a parti- cular natural right inconfiftent with the welfare of the whole, and to inflict a pe- nalty upon difobedience to the law. To ufe iilver or gold with the paper, mufi depre- ciate the latter. Therefore the law forbids it. This can*t be unfair, becaufe every man has notice of what coin he is to be paid in, and is not obliged to exchange more for the paper, than he thinks agreeable to the real worth. And if any (hould endeavour fuch ufe, the lofs of the difference between gold or filver and paper, is a kind of penalty for violating the law, which muft be as juft as any other penalty impofed on an aft, jiot evil in itfelfy but prohibited only. Again, upon breach of contradls for pay- ment of money in foreign countries, I think it both convenient and right, that fatisfadtion fhould be made in the paper. The conve- nience of it v'ill appear, if we fuppofe the debtor a member of the focicty amongft whom the paper paffes ; for as fuch, being reftrained by law from trafficking for gold K cf 1. I -ml It i :i-A I I t ( »3o ) or filvcr, and thereby difabled from pro- curing them, he mud either pay paper in compenfation, or lie in a goal, if the fcverity of his creditors requires it. In thefe circum- i^ances, no man in his fenfes would dare to contraft a foreign debt, or transfer foreign money in the ufual manner, by exchange j the bad confequences of which arc too nu- merous and obvious to admit of, or need particular mention, and evidently prove the convenience of allowing fatisfa^ion to be made in paper. The equity of this fatisfadVion will be in- difputable, if the debtor pays a fum of paper really of equal value with the foreign mo- ney. It is the common cafe on breach of fpecifick contrad. If it cannot be perform- ed, the mod exad juftice requires no more than an equivalent compenfation. Some perfons imagining the real worth of the paper equal to the nominal, have af- firmed, that it ought to difcharge thefe debts at the nominal value-, others confefling a difference between thefe values, under fome political views, have afferted the fame. As 1 fhall have occafion to fpeak on thefe opi- nions hereafter, upon a point fimilar to this I (hall only add here, that if this mode of payment fliould take place, it would as ef- 1 fe(^ually a ( '3' ) fcdually deftroy foreign credit and negocl- aiions by exchange, as if gold or filver were to be infiftcd on here, to difcharge a fo- reign debt. In one cafe, it would be the highefl imprudence to be the debtor, in the other, it muft be equally indifcreet to become a creditor. Purfuing the ufes, I come to that of dif- charging by paper, the filver debts contrac- ted .antecedent to the law .hat raifes the paper. To (hew the neceflity of adaiittir^ this, I fuppofe it will be granted me, that ther . muft at all times be a very great number of debtors who depend on their {iai„g la- bour and induftry to pay their debts. This dependence is reafonable and juft, founded on the natural right of all fairly to purchafe filver, the then current money of tic coun- try. The debtor has the continuation of this right in view and expedtation at the time of his contract j without it he cannot be fup- pofed either prudtnt or honefl: to borrow. If then, for the conveniei; and advantage of the whole fociety, this right mud be ta- ken away by a fubfequent law which he •Xould not forefee, ir ,annot be agreeable ei- ther to reafon or good confcience, to exa(^ a payment in fpecie ; for that would be re- \\ : .t|:--'..t -!i T' ■ i Hi' H Hfr I I* I I' t I ( 132 ) quiring a performance when we had expreis^ ly taken away the means. Therefore I thiiik it clear in refpedl to the debtor, that the paper (hould have this ufe. But how will this (land with the right of the creditor, who upon the contradb as certainly expe6ted to be paid filver, as the debtor did the op- portunity of acquiring k to pay. I prefume, if he receives as much paper .^s (liall be equal in power or value to the filver, it will be juft in itfelf, and perfedtly fatisfadtory to him. But can any man offer fo high a degree of violence to his own reafon, and the under (landing of others, as to afHrm, if he is forced to accept lefs, that flill he has judice difpenfed him. If I bor- row 100/. in filver before the law, under agreement to repay it at the end of the en- fuing year, and before the day of payment the Taw takes place, commanding the lender to receive 100/. paper for it, which ftiall be worth, or have power to procure 82/. filver money only ; with truth can this be called a rational or upright la^w? Certainly no. Nor (hall it be any juftification to me in confcience to detain 18/. of my creditor's money. The rules of natural judice flowing from our fixed and unchangeable relations to each othcr^ an ( '33 ) Other, and the invariable nature and order of things, inforced by the exprefs com- mands of God, are of eternal and indifpen- fible obligation. No laws, no combina- tions of human power, cudoms, ufages, or pra(5tice9 can controul or change them. We may, by the confent of a majority, tie up the compulfory hand of the civil magidrate, and thereby difTolve the power of coercive lav/s, but can no more abfolve from the mo- ral duty, than we can reverfe decrees in- rolled in heaven. If my debtor fhould be fo extremely weak, as to fuppofe this not criminal becaufe it is legal, (which I think next to impoHible to imagine of a rational creature, and I make bold to affirm, never was the cafe of a creditor of underflanding, fufficient to know the meafure of his de- mand) his opinion perhaps may ferve for an excufe, or extenuation of his crime, but never can prove the re<^itude of the adt, and ftill the guilt muft reft fomewhere. The law- makers, the authors of his miftake, are cul- pable, unlefs they are under the fame de- lufion, which is yet more difficult to appre- hend. Some, who gave up the juftice of the law, defend their pradlice under it, by fay- ing, they are creditors as well as debtors: and as they are obliged to receive, fo they fhould have liberty to pay. Alas! what feeble arguments fatisfy, when they are caft K 3 into ; ^51 r ! ( 134 ) into the fcale of intereft, and gain is the con- fequence of conviction. If the actions of men towards us are to be the meafures of our dealing with others, then he that is cheated by any perfon, may juftly plunder the next he meets. And truly 1 can't fee why it (hould flop here j for as we may be many times defrauded, and not know it, to be fecure, and keep the ballance on the right lide, we (hould pillage our neighbours as often as an opportunity offers. This may feem fevere rcafoning, but really I think it fair from the firft pofition ; that becaufe one keeps back part of another's due, there- fore he may honeflly detain the right of a third innocent perfon. Again, paying an equivalent cannot be in- jurious to the debtor. For fuppofe he pays 120/. paper. If 100 pounds worth of coin'd filver, reduced to bullion, will then yield him fo much, what does he more than per- form his contradt to pay 100/. of coin'd filver ? feeing a compleat recompence is per- fedly conliftent with the right of each con- tradling party. Any remaining objedions muft arife from its being hurtful or injurious to the fociety in general. This has been afferted, and endeavours have been ufed to fupport the truth of it, by this kind of rca- foning. FirJ, { 135 ) Firji, if the law (hould oblige the debtor (for the purpofe) to pay 120/. paper in lieu of 1 00 / filver, the legiflature would there- by confers the inferior worth of the paper, which will be attended with this ill confe- quetice, that the general current value of the paper fliall be lefs than if the law had declared it equal to filver. Secondly^ That leflening the current value will be a lofs to the fociety in general. To the firft, That obliging to pay a larger fum of paper for a lefs of filver, acknowledges an inequality of value under the like deno- minations is felf-evident. But from thence to infer, that the paper fliall pafs in general, at lefs value than if they had been declared equal, with fubmidion, I think miflaken, and inconclufive reafoning. To be clearly underftood, permit me to examine this upon the fad. Suppofe the law, in the ftrongeft terms, enadts that the paper fhall be in value equal, to (ilver money, according to their fcveral denominations. Carry the paper from thence to ufe, by of- fering it in exchange or payment for fome commodity, and then I afk a Ihort queftion, Who it is that really fets a value on the pa- per, the legiflature, or the perfon that has the commodity to fell ? If it be anfwered, the firfl:, then I fay, this cannot be, unlefs they K 4 alfo !■! I, ■I ?; S,!.!':' ' ■■> i' ,!:' 1 w ■If 'I ( «36 ) alfo limit the price of the commodity. For if the feller can raife and proportion the price of it to what he thinks the real worth of the paper, the law- maker's declaration notwith- flanding, it is he that flrikes the value, and not they. For inftance, pu ' the cafe ; a farmer, juft upon emitting the paper, has a bufhel of wheat to fell, which he rates at, and will not part with, under three filver fliiilings. The future current worth of the paper being unknown to him, let him by guefs imagine thefe three (hillings equal to four (hillings paper. A purchafer then prclTes him, under the influence of the law, to accept of three paper (hillings for this wheat ; but he, without regard to the law, according to his own opinion, demands and receives four (hillings for it. Will any man fay, the legiflature determined the value of the paper here? Apparently the feller did. For the legiflature commanded, that the three paper (hillings (hould be valued at three of filver, but the farmer has made his cftimate at three fourths of that value only. Un- quefttonably the vender muft always have this power, unlefs. as I' faid before, the Jaw-makers can limit the price of all com*- modities, which is not pra(5ticable, conflu- ent with the order of thingr r the pre- fervation of men's properties. But it may be ^Hedged, although the receiver of the mo- ney i ( ^37 ) ney is rot bound to obferve the Icgifiative command, yet ftill it may have fome weight. He may conlider it to be the impartial opi- nion of the wifeft part of the focicty, what the future current value of the paper (hall be, and thereby add, in fome degree, to its worth. 1 'm ''11 1 ii j,, M k::\ 1 'j^ ,ll '■hi In anfwer I muft obferve, firfl, this gives up the point of power, and changes it to a matter of meer advice. Then, fuppofing that of any import, furely delivering it in a man- datory way, will be very little able to pro- duce the defired effedt. Imperative advice (pardon the expreflion) favours too much of felling the rabbit, to prevail or perfuade. In (hort, the words command and advife, convey two ideas fo widely different, and fo oppoiite and repugnant to each other, that it is abfolutely impoflible we (hould take the firft for the laft. But granting it to be in- terpreted as a piece of cordial advice. Shall it be received implicitly, and pafs without any examination ? I preiume not. When it comes to be examined, if the people fhould be informed, that, upon a nice examination, the legiflature had found a fourth, fifth, or fixth difference between filver and paper, as fuch calculations are generally out of the reach and comprehenfion of mod people, it fcems pot improbable that the paper might pafs at firft. '. ti li m ■ ■ ? Mil i\ ^11 iLi Til ( 138 ) firrt, agreeable to the given difFerence. / Jay at jirji ; for I contend, if the calcula- tion fliould be erroneous, (which the ufe of the money in time will difcover) this efFed: fliall not be lading. But if, on the contrary, they learn that the paper, without any cal- culation, by guefs, was pronounced equal to filver, which every man's judgment, who knows the fuperior power of the laft, muft difapprove of, what influence can the le- giflative advice then have ? Undoubtedly it will be univerfally rejedled, and each perfon turned at large to make his eflimate as well as he can, without the lead regard to the legiilative opinion. Once more, take it, that the quantity of filver in 100 {hillings proclamation money is now worth 1 20 paper {hillings in Penfyl- vania, and fuppofe this requifite had hither- to been omitted in all laws relating to the paper: let the fupreme authority to-day cna6t, that from henceforth all pcrfons (hall give as much for ico (hillings paper as they do now for that quantity of filver, would this make the leaft alteration in the current value of the paper ? Might a man, with reafon, cxpedt to buy more bread or wine to-mor- row with ICO paper (hillings, than he can to-day? if the legiflative power can bring this to pafs, perhaps it may prove more than fome i ( 139 ) fome people dcfire ; for I conjedure it will fhcw, that we never had any occafion for paper. Whatever quantity of (ilver we had amongft us, when the paper was ftruck, might have been extended in value propor- tionable to our wants, and all the bufinefs of paper- money done at once. The abfur- dity of this lies open to the meaneft capa- city ', yet I aver, that to raife the value of paper by authoritative words or commands, is equally irrational and unfeafible. I know no jufl: means whereby mankind can give value to things, but increafing or leffening the ti/es or quantity » The paper derives its intririfick worth from the fund which is ftable and fixed. The ufes give it further value, but that (hall always be in inverfe proportion to the quantity. The quantity is abfolutely under the diredtion of the legiflature, but the ufes not. As they are raifed, fo they muft be limitted, by our neceffities, and the difpofition and order of things. The utmoft the legiflature can do, or is needful to be done, is to make the pa- per anfwer all thofe ufes. When they have afcertained the fund^ the ufes and quantity^ their power expires. And the current va- lue, if the people receive it, flows from them by fo unavoidable and a neceflTary confe- quence, that whatever the legiflature or others will Ill I (■ I . - 1: T ',!'« II il ■f ( 140 ) will or do, (if it alters not the fund, ufes, or quantity) can work no change in it in gene- ral. For a time, as long as people are ig- norant, I confefs it may j but when expe- rience, that excellent miflrefs, has difclofed what worth they give, all imaginary value fhall ceafe and vaniQ), and on the three re- quiiites, as on a folid and firm foundation, it (hall ultimately reft and fettle. I conclude what I have to fay on this point with a (hortobfervation. That all the attempts of aifemblies in America in this way even by penalties on difobedience, have proved fruitlefs and abortive. And it has been extremely remarkable, that although tranfgrefling the law, by making a difference between filver and paper, has been every day's pradtice, not in fecret, but openly, I have never heard, that any perfon has been fo much as queflioned publickly, or has loO: any degree of reputation privately for doing it. So far do the didates of jufl and right reafon furpafs and tranfcend the force and power of any human device or inftitution, that oppofes or contradidts them. I come now to confider the fecond pofi- tlon ; that leflening the current value will be difadvantageous to the fociety in general. This n ( J4I ) This cannot be maintained without prov- :i)g, that it will occafion a lofs, or obftmct fome gain. A fociety can gain but two ways, from the earth, and from their neighbours. When I. fay from the earth, I do not mean from her fimple produdtions only; for I include therein mens labour and manufadtures upon them afterwards. Excepting diflindtion, which has no weight in the prefent queflion, they can lofe only by the contrary, negledt- ing the fruit and produdt of the earth, and fuffering their neighbours to carry away their wealth. I. i ■ii Hi ii I prefume it will be very hard to (hew, how a different valuation of the money can influence the induilry of the land-holder or the artifan. ■I Upon the quantities of the fruits of the earth, and manufactures produced, entirely depend the wealth of the country. A far- mer and tradefman, for a certain portion of their commodities one year receive 8 fhil- lings, and with them can purchafe an ounce of lilvcr. The money being raifed in va- lue next year, they can get but 7 {hillings for the fame quantities ; but flill that fum will buy an oqnce of filver. Can this dif- ference. I i4i' !i ! W 'IK? ( 142 ) ferencc, in the value of the paper, caufc the one to till the more or lefs ground, or the other to make a greater or lefs quantity of his manufadure ? What is it to them now the money is rated, if they receive and part with it at the fame value ? Gold, comparing quantity to •quantity, is more valuable than iilver. If filver v^as to vanish out of the world, and gold fhould be made the only medium of commerce, can any one imagine that mankind would grow more induftrious to procure it, becaufe more valuable than filver, when the quantity they (hall get muft be proportionably lefs ? Do we in fad find thefe different effeds from gold or filver at prefent ? I think we may as reafonably ex- pert, that varying the meafure of the bufhel or yard, will induce people to make more or lefs corn or cloth, as that changing the value of the money, which is another kind of meafure for commodities, fhould excite or abate men's diligence to raife and make them. All gain from our neighbours mufl be by getting their money or their goods. Thefe are to be acquired only by conqueft or com- merce. The firfl I pafs over as impertinent to this purpofe. Then let us fee whe- ther advancing the value of the money can refled any gain to us from them in the lat- ter. Gain in trade may be confidered as de- rived f In ( '43 ) rived from the manner or the meafure of it. The manner of trade in general is of (hort circuit, and confifts of importing foreign money or commodities, and the exportation of our own. In thefe negociations we (hall find the worth of the paper affords us no advantage over, or an opportunity to get from our neighbours. Suppofe a foreigner imports 8co/, pro- clamation money, and finding That not the medium of our commerce, propofes to ex- change it for paper. Let the value of the paper be fuch, that he can get but 8oq /. of it for his filvcr. With the paper he pur- chafes corn, which he tranrports. What have we got from this foreigner? 800/. in iilvcr. Should we have got lefs had he re- ceived 1000/. for his filvcr, and with it bought the fame quantity of wheat ? Cer- tainly no. Neither cafe makes us richer or poorer than the other ; and the fame confe- quence will be found to attend all foreign imports whatever. When we export our commodities, the value of the paper is quite out of the quef- tion ; for in their fales, or the returns, it i» in no fort concerned. If we fend the pa- per abroad, and fell it, unlefs it by kept in expecfbation of what the fund will yield for it at the end of the term (which I intend to fpeak IK 1; > ''Ml if t ~K ■ '^^1 ;:|4* m I '] i V'* if ! '■'' Ml I ' J ' I' ' ( M4 ) fpeak to hereafter) we (hall find It but an exchange of merchandizes h^'^^zn us and them. For the feller bring;. * '3 i^uoils he receives here, and the buyer, by means of the money, carries back our goods ; the pa- per is but a meafure, as it was in the cafe of imports and exports in return ; and if it be rated alike abroad and at home, no lofs or gain can enfue to either country, or to the traders from a high or low valuation of it. He that is not fatisfied by thefe reafons« may perhaps be convinced by the experience of others. The coins of England being finer than thofe of Holland, quantity to quantity, are of more value ; but was it ever thought the Englifh had therefore more power or trafiick, to obtain the money and merchant dize of other nations, than the Dutch ? Were it poflible that the profit of trade could be afFedted by lowering the coin, that cunning and fkilful generation would hardly have debafed theirs by defign, much lefs have continued for fo long a time as they have done. The paper-currency of New England, by a great excefs in the quantity, is funk to a fliameful degree. From hence we hear of much fraud and difhonefty amongft them j but it was never yet objedled that it injured them in trade. In truth, if it had, as they principally fubfift by com- merce, our! froi byl| us. ( 14 K> ) mcrce, thcv mull have been ruined and im- done lon^ ago. The currencies of North and South Ca- rolina are in the fame condition j but ftill their trades go on as ufual, without the lead aheration. In rcfpecft to tlie nieafure of our commerce, it is evident that cannot be im- paired by reducing the value of our money, unlefs we are thereby deprived of a fuffici- ent quantit) to carry it on : for inftance, if 60,000 /. proclamation money be necefTary to carry on all our trade, and we ftrike 60,000 /. paper, in hopes it fhall have that value, upon experience it proves worth but 50,^00 /. pro- clamation. Then, for want of the remain- ing 10,000/. fome of the wheels of trade mufl: fland ftill or move flower, which ap- parently will obflrudl a part of our gain. But the impediment vaniflies, by raifing an additional fum of paper equal to the 10,000 /. deficiency. The power of doing this we have hitherto enjoyed and exercifed with- out any reftraint ; and probably (hall retain as long as we ufe it with difcretion and pru- dence. Seeing then, that by raifing the value of our money, we are not likely to get any thing from our neighbours, let us now try whether by lowering it they can get any thing from us. I prefume I have proved, that in com- L mon 'I Hi t. '•) ; J: i ( ! 3 .i '^1 i II: ill :i ;] * p I' i i !' ( 146 ) mon commerce, receiving and returning the money for merchandizes, they cannot ; con- fequently no method remains, but keeping the money to receive filvcr from the fund at the end of the term. By thefe practices they can gain from us only upon one fup- pofition ; that they purchafe the money at lefs than what I call the in'rinfick worth : for if at more they lofc by it, and we gain from them. I have fliewn, rating inrcrefl ■at 6 per cent, per annum ^ that 1000/. payable at the end of 15 years, is worth 500 /. to take a round fum, in hand. If our neighbour can buy it for 40 j /. he gets joo /. from us. But on the contrary, if he gives 800/. for it, he lofes 300/. For he lends us 800 /. for 15 years, at 2 /. 8 j. per cent, per annuniy when it is really worth 6 /. and the difference, which on computation will be found in the whole to amount to 300/. or nearly, we gain from him. But neither of thefe cafes can poffibly happen while men have the lead: capacity to difccrn and preferve their own intereft. Indeed 1 have never heard one found reafon, cither moral or po- litical, for this manifeft deviation from juflice and equity. So far is it from good policy, that if I am not miftaken, it muH: work an efFedt contrary to the defign 3 and in (lead of fupporting the credit of the paper, under- mine and diminiih it. The ■1 ! n ( H7 ) The public ruthority is guarantee for the payment of all juft debts. Every body mud agree, that the value of paper money is no- thing but fo much public credit. Now, is it poflible for the public authority to break its own engagements, in refped of the pay- ment of the debts, without in fome degree blading that credit which is to be the fupport of the money ? Public and private faith are, in this refpedl, exadly alike j and it is as eafy to fee how violating one public obliga- tion {hall impair the value of the paper-mo- ney, as how a known breach of private con- tradl in a goldfmith fliould Icflcn the worth of his bills or notes. ''!! M|lj ': Hi ' '1 1 .' '■ ] 1 ■ • ; : w ■'M^ A fecond inconvenience attending it, is lofs of foreign credit, which mud be a gr.=^at misfortune to a trading country. This is occalioned in the fame manner, by which I jud now fliewed the value of the money might be affedled ; and let it not be thought amifs that I menMon a tliird inconvenience, namely, prodituting and debafjng the dig- nity and excellence of the divine and moral laws in the eyes of the people, and encou- raging them, by ill practices and examples, to depart from true honedy and virtue. For if a man can once believe, he mayjudly, by human authority, tranfgrefs thofe laws, he lofes much of the due and neccfl*ary rcfpedt L 2 that ml I m ,'1 ■ 'M ' f fi k ,. 1 ■ ■' t -i « ■ J ' ; f ' I . .■ .: ^ h"' ^'0 &kJ m i' ; ! ■I U' II U Ml I ( hS ) tint ouc^ht to be paid them, and fliall after^ wards be able to refift their checks and ad-r rnonitions with greater eafe and facihty : and he that owes to 20 people, and pays them with five fixths of their due, and lees his neighbour do the like, under colour of law to-day, will, I am afraid, with lefs regret and compunction, defraud his creditors with- out a law to-morrow. But now, grj!it;ng entire recompence ought to be made, it may be aflced how the quantum of paper to be paid for antecedent lilver debts fliall be afcertained. The lemflature cannot fettle it with exad; juilice, becaufe no jTcill can difcover what the future current value fliall be; and i^ the people are Itft to do it themfelves, it will in- troduce many law-fuits and oppreflions, and flill they may be as far from right as if the Icgiflature had clone it. The greater incon- venicncics in the latter, rationally determine the power to the former. When they come to cxercife it, if it is the flrft experiment of the kind, I in^agine they can do little more than gucfs at the value. But as it is within demon (Iration, that the paper cannot be equal to filver, furcly it ought not to be rated fo. Impartiality re ;uircs the guefs to be as near as mny be, and then, although it 9 ' '"^y ( 149 ) tnay be miftaken upon the hvvs of change; it may be perfcdiy equal, becaufe either par- ty may lofe or gain. It is a common cafe in life, and muft be always fo in untried things, and no man can juftly complain of the event, becaufe all errors are owing to our weaknefs, not our faults. 'Wi f flffi I'll i I ! ! ) If any of our neighbours have ifTued pa- per-money, the value of theirs will afford us flrong lights to difcovcr the worth of our own, and allowing for dilFcre-^t ciicumriiinccs, we ought to rate ours as lii^y have found theirs upon trial. But when experience has taught us the true worth of the money, all difficulty ends, and whatever debts or pre- contracts remain (as many from their growing nature muft) fliould be fatisfied according to that value. 1 have now run through all the ufes that occur to me worthy of obfervation j and therefore (hall proceed to the quantity. 4 n .ki When It is defigned, that paper {hall he the only money of a country, the quantity, according to the nominal value, ought to be, as near as poffible, adequate to the u(ei, or in other words, to all commerce, foreign and dome (lick. It is eafier to fee the truth of this rule in fpcculation, thati to reduce L 7 it ^' An ) <\ \ ( m ml If ( HO ) it to pra<5lice ; becaufe the number and ex-^ tent of the ufes of money, in a populous and induftrious country, are far beyond our knowledge and comprehenlion. From the circum fiances of other places, the quantity of money current before ifluing the paper, and the value of their exports, rational con- jedurcs may be formed, but experience alone can teach us what fum will fuffice. To ftrike the neceiTary quantity at once, would be moll advantageous to the fociety, and equal vvidi rcfped to individuals ; but as that cannot be known, let it be approached as near as may be. And fincc we may expcdt to err, 1 prefume it will be better to err on the fide of deficiency than excdfs, feeing ad- ditions are ealv> but fubflra<5tions oftentimes verv difficult after emillion. FROM what I hive faid above, which the foregoing trcatile doth fully confirm and elucidate, the following proportions, which I apprehend to be truths, do arife. That in colonies, the ellence of whofe na- ture requires a progreffive increafe of fettle- ments and trade, and yet who, from the ba- lance of trade with the mother country be- ing againd them, mud fuffer a conflantly decreafmg quantity of filver money, a cer^- tain I ( 15' ) tarn quantity of fapcr-'inoncy Is necefTfiry. \t is necefTary to keep up the increafing opera- tions of this trade, and thefe fettlemcnts ; it is alfo neceflary, in Rich circumflances, to the equal dilh'ibution and general appli- cation of thefe benefits to the whole colony, which benefits wjuM othervvife become a monopoly to th:t -tnonicd merchant only : it is prudent, and of ^^ood policy in the mother country to permil it, as it is the furefl: means of drawing the balance of the colony trade and culture to its own profit. Thefe reafonings further fhew, how, by fecuring the JhnJ, extending the ufes, and I'egulating the quantity, this meafure of a pa- per-currency may be carried to the utmofl: extent of which it is capable. Nor do they flop here ; for as they give the rule whereby to judge of the excefs or defed of money in any place whatfoevcr, fo do they, at all times, fhew the neceflity of encreafing it, or the contrary. Although the reafonings, which from my own fentiments of *he matter, I have applied to this fubjeme other valuable tijl\ namely an interefl, or fome premium equiva- lent to it i that the paper-money lliall become thus intrinfically, and of its ovn nature, a better and furer currency than all tl'e power and authority of colony-government could ^1 3 (■■, ■ ■' t. m ' {[ J!r • i ^: J ■'' i I- ■;v ' ■i ■ V \'M[ \\ il'l ( 160 ) extent of country, in proportion to the wide extended produce of a hunt, to the local bounded produce of a farm or fettlementj fo that the Indian property of country con- fifls of two forts, their dwelling lands, and their hunt. • '■■'■-;*' r' ■■■--•■>-■---■* ' The intereft of a tribe of wanderers lyes in the protedion and fupport of the aged, of the women and cliildren— under the tem- porary locations of dwelling, which the fe- verity of the winter feafon, the occafion of the procuring pulfe in the feafon of vegetation, and the times of parturition, render necef- fary even to wanderers. . *- ■ , ■ .-- :*. ~? As lixed regulations and protedion of trade, muft be the effential fpirit of the po- liticks and the law of nations to a com- mercial nation *, fo an exa<^ and ilrid ob- W^;^,: -, - • .;.-•- lervancc -'* * '" * Hunting being but the amufement, the diverfion of a nation of fettlers, the rights and laws of it may not appear as national points — but to a nation of hun- ters thefe become the national interefts and the laws of nations. — A violation of thefe laws of nations ; as fub- fi fling between nations of hunters, was the caufe of the war between the Five- nation confederacy, and the Oilinois. The Ohio hunt, to the fouth-eaft of lake Erie, was common to thefe nations ; the laws of the hunt required, that at each bearer-pond, the Indians /hould leave a certain number of males and females ; the Oilinois, on fome occafion of pique, deflroyed all. The ! :'i ( i6i ) fervance of the laws of fporting, the pro- tection of the game, and the mod rigid fandion of the iuntt (better perhaps under* flood by our fportfmen than our politicians) become the laws of nations to an hunting nation. From thefe principles let us carry our con- iideratfons into fadts. The European kndworkers, when they came to fettle in America, began trading with If!idians ; and * obtained leave of the Indians to cultivate fmall tradts as fettlements or dwellings. The Indians having no other idea of property, than what was conformable to therr traniient tennporary dwelling-places, eafily granted this. When they came to per- ceive the very different effedt of fettlements of landworkers creating a permanent pro- perty always extending itfelf, they became The Five- nations declared war againfl; the O'lTinlcs. The Indian war ends not but in the total reduction of the one or the other. The OiTmies were totally conquered. The conqnered country, as well as the hunt, became the right of the Five-nations, and were, amongft the red of their lands, put, by them, into the hands of the Englifti in trull. ' * Perhaps New- England may be an exception : The Indians began an unjufV war againft them ; they > con- quered thefe Indians, and their claim is bel^, as well as juftly, founded in conqueft, which the Indians ac- knowledge. M very mm 'II i I .^^ ' :M + 1 ■mm m m l! ■H ii I'l m \ i'" ( i6e ) very uneafy ; but yet, in the ttwe fpirit of juftice and honour, abided by the efFeds of concefiions which they had made, but which they would not have made, had they under- (lood beforehand the force of them. From this moment the politics of the In<- dians were fixed on, and confined to two points. The guarding their dwelling lands and their hunts from the encroachments of the European fettlers ; and the perpetually labouring, to our utter (hame, in vain, to eflablifh fome equitable and fixed regulations in the trade carried on between them and the Europeans. • The European encroachments, not only by the extent of their fettlements, but by their prefuming to build forts in the Indian dwelling lands, and in the territories of their hunts, without leave, or by collufion ; and the impofitions and frauds committed againfl the Indians in trading with them^ has been the occafion of conftant complaint from the Indians, and the invariable fource of Indian hoflilities: and yet even thefe might have been furmounted, were it not that we have con- llantly added an aggravation to this injuflice, by claiming a dominion in confequence of a landed pojj'ejjion, Againft this the free fpi- rit of an Indian will revolt, to the laft drop of bis blood : This will be pdrpetual, unre- ■"f t ( 163 ) tinremltted caufe of war to them againfl Us. Againft it^ they have at all times, and upon all occafions proteded, and they will never give it up. As long as we keep up this ufe- lefs, faithlefs claim of dominion over them^ fo long (hall we be embroiled in war with them. The European power may perhaps finally extirpate them, but can never con- quer them. The perpetual increafing gene- rations of Europeans in America, may fup- ply numbers that muft, in the end, wear out thefe poor Indian inhabitants from their own country; but we fhall pay dear, both in blood and treafurej in the mean while, for our horrid injudice. Our frontiers, from the nature of advancing fettlements, dif- perfed along the branchings of the upper parts of our rivers> and fcattered in the dif- united valleys, amidft the mountains, mud be always unguarded, and defencelefs againd the incuriions of Indians. And were we able, under an Indian war, to advance our fettlements yet farther, they would be ad- vanced up to the very dens of thofe favages. A fettler, wholly intent on labouring on the foil, cannot dandto his arms, nor defend him- felf againd, nor feek his enemy : Environed with woods and fwamps, he knows nothing of the country beyond his farm : The In- dian knows every fpot for ambudi or de- fence. The farmer, driven from his little ^ • -. M 2 cultured i\ m ■. ■?'■ S tr- ^m'li m \\i ( i«4 ) cultured lot into the woods, ia lod : the In- dian in the woods, is every where at home; every bu(h, every thicket, is a camp to the Indian, from whence, at the very moment when he is fure of his Wow, he can Tvtdt upon his prey. The farmer's cow, or hi* horfe, cannot go into the woods, where alone they mu(^ fubti((: his wife and children, if they {hut themfelves up in their poor wretched loghoufe, will be burned in it : and the hufbandman in the field will be fhot down while his hand holds the plough. An European fettler can make but momentary efforts of war, in hopes to gain ibme point, that he may by it obtain a feries of fecurity, under which to work his lands in peace i The Indian's whole life is a warfare, and his operations never difcontinued. In fhort, out frontier fettlements muil ever lie at the mercy of the favages : and a fettler is the natural prey to an Indian, whofe fole occupation is war and hunting. Ta countries circum- ilanced as our colonies are, an Indian is the moil dreadful of enemies. For, in a war with Indians, no force whatever can defend our frontiers from being a ccmflant wretched fcene of conflagrations, and of the mofi fhocking murders. Whereas on the con- trary, our temporary expeditions agaiiift thefe Indians, even if fuccefsful, candothefe wanderers little harm. Every article of their property ( "65 ) property is portable, which they always carry with them — And it is no great matter of di- ilrefs to an Indian to be driven from his dwelling ground, who finds a home in the £r(l place that he (its down upon. And of this formidable enemy, the numbers, by the lateil accounts, are 23105 fighting men. If we entertain an idea of conquefl, in fupport of this ambitious folly of dominion, we muft form fuch a feries of magazines and entrep6ts for (lores, ammunition and provifions ; we muft maintain in conflant employ fuch a numerous train of waggons for the roads, fuch multitudes of boats and v^flels for the waters; we muft eflablifh fuch a chain of fortified pods $ we mufl fupport fuch a numerous army ; we muil form and execute fuch an enlarged and comprehenfive fyftem of command, as (hall give us military podeffion of the whole Indian country. Let now any foldier or politician confider the enormous endlefs expence of all this condu(^ and then anfwer to what profitable purpofe fuch meafure leads, which may in a much better and jufter way be obtained. If our government confiders this well, and will liften to thofe who are beft verfed in In- dian affairs, it will be convinced that ho- nefly is the beft policy ; and that our domi- M 3 nion '■^i ! !' > ''■I i ill ( i66 ) nlon in America, will be bcft and fureft founded in faith ar^d juftice, toward the rem- nant of thefe tnucji injured natives of the country. In this hope, and with this view, I will endeavour to {late the Indian rights and our duty toward thern ; and to point out that )ine of condudl, which leads to it — And firft of the Kenundtioni, or the Five-nation confe- deracy. The Indian lands are of two kinds Their dwelling land, where their caftles are, and their hunting ground. The dwelling lands of the Kenundlioni, or the Five-na- tion confederacy, is called Kenundioniga, and is at the top or higheft part of the con- tinent, from whence the waters run every way — By the waters of Canada into the gulph of St. Laurence, by all the rivers of the English colonies into the Atlantic ocean, by the waters of the MiffifTippi into the gulph of Mexico. They may, in a general manner, be thus defcribed, by a line run from near Albany, north-weft ward, along the Mohawk river on the north fide of it, north royind Pneida lake, to the north-eaft corner of lake p;uario; thence along the lakes to Cana- hoga on lake Ofwego or Erie ; thence iixty miles diredlly back into the country -, thence t9 ( '67 ) to Sham6kin» on the Sufquehanna river; thence along the Cufhietung mountains; thence again to the lower Mohawk cadles. The Indians themfelvesdefcribing, under con- fidence, to a friend of mine at Onondaga, this their fituation, faid, '* That it has many ad van- " tages fuperior to any other part of America. " The endlefs mountains feparate them from ** the Englifli, all the way from Albany tp ** Georgia. If they fhould have any de- " fign againft the Englifli, they can fuddenly " comedown the Mohawk's river, the De- '* laware, the Sufquehanna, and Potomac^ ** and that with the ftream. They have thp ** fame advantage of invading the French, " by the waters of the river St. Lawrence, ** Sorel, &c. If the French fhould pre- *' vail againfl this country, they can, with " their old men, wives and children, come down the flreams to the Englifh. If the EngliHi fhould prevail in attacking their country, they have the fame conveyance * down to the French ; and if both fhould join againfl them, they can retire acrofs ^' the lakes." « (C Their hunting lands are— F/ry?, Couxfa- chraga, a triangle, lying on the fouth-ead fide of Canada, or St. Lawrence river, bounded eaflward by Saragtoga, and the drowned lands ; northward, by a line from M 4 Regi' ' •! -■■>ii ..■'ii ^1^^^^! m iPi' ¥' ''hi ".'1 '4' 1 H I -■, ■M 1 1 -■r- ■m 1 ! r |- % '$.' W [ 1 11 w I ^^' w\ 3] m'i Bfi ( >68 ) Regi6chne point (on lake Cham plain, or, as the Indians call it, Caniaderiguarilinte, the lake that is the gate of the country) through the Cloven Rock, on the fame lake, to Of* wegatchie, or la Galette^ (buth-weftward by the dwelling lands of the Mohawks^ Oneidas, and Tufcaroraos. Secondly f Ohio, all that fine country (and therefore called Ohio) lying on the fouth (ind eaft fides of lake Erie^ fouth-eafl of their dwelling lands. « 7'MrJfy, Tieuckfouckrondtie J all that tra(^ of country lying between th§ lakes Erie and Oilinois, •-■ 'f»^': F(?«r/^^; 'Scaniaderiada, or the country beyond the lake ; all that trad of country lying on the north of lake Erie, and north-^ weft of lake Ontario, and between the lakes Ontario and Hurons. • ■ ■' ■ t . ■ , The right of the Five-nation confederacy to their dwelling lands and the hunting ground of Couxfachraga, and even down to the bottom of lake Chimplain, was never difputed. The lands to the northward of |iegi6chne, and la Galette, have long fincq been ceded to the Canada Indians as an banting grouncj, : . -.', - fX f i«9 ) In the year 1684, ^^^ ^^^^ Nations finding themfelves hard prefTed by the French and their Indians, did, by a treaty at Albany, put the lands and caflles of the Mohawks and Oneidas under the prote6iion of the Englijh government : and the Engli(h accordingly undertook the truft to guarantee them to thefe Indians. And as the external mark, by which this a£t and deed (hould be anoun- ced, the Indians defired that the duke of York's arms might be affixed to their caflles. The right of the Five- nation confederacy to the hunting lands of Ohio, Tiei^ck- fouchrondite and 'Scaniaderiada, by the con- queft they had made in fubduing the Shao- anaes, Delawares, (as we call them)Twidlwes and Oilinois, may be fairly proved as they flood pofiefied thereof, at the peace of Ref- wick, m 1697. In the year 1701, they put all their hunt- ing lands under the protection of the English, as appears by the records, and by the recital and confirmation thereof in the following deed. '. m p\m 'li; 1 ' 1 ' I 76 ) which in faith and judice we cannot fay we have gained over the Indians, which, in fad, we have not gained, and which, be it remembered, will coft more blood and trea- fure before we do gain it, than it is for the honour and intereft of Great-Britain to ex- pend in fo bad and ufelefs a caufe. While thefe poor tribes of hunters remain, it will be our own fault if they do not remain in perfedt harmony and good alliance with us. As hunters, their intereft can never interfere with ours, as fettlers ; but, on the contrary, will become the fource of the natural and mod profitable trade to us as traders. They are continually wearing away, and as they diminiOi or retire, they cede their lands to us in peace ; which we, thus in time as fail as we can really want them, may pofTefs in right and juflice, untainted with the im- peachment of having been gained by murder and fraud. While therefore we do remain a great and jufl nation, as we pride ourfelve^ Great-Britain is, we (hould abhor the black bafe thought of ufing the power which pro- vidence hath given us, to the ruin and dc- ilrudtion of thefe brave and free people ; of thefe people who gave us our firft fettle- ment in this country, and have lived with us, except under fome temporary interrup- tions, in a feries of faithful alliance. If ( ^17 ) If thefe confiderations, taken up in tll(3 Courfe of that general review of the colonies, and of the adminiftration of their affairs, which i now publifh, were intended as an exprefs treatife on Indian affairs, I fhonld think it right to examine all the complaints and feveral claims of juflice which the Five- nations have made, and have repeated for many years, which I would found firfl on extracts from the records of Indian affairs, and fecondly, on the hiftory of the landed pa- tents, and thirdly, of the occafions taken to eredt, without their leave, forts on the Indian lands, which meafure the Indians always con*- iider as an adt of dominion. In this general view I (hall only point out that fhameful pa- tent of Ka-y-adarofleros above Albany : that pretence of claim by the corporation of Albany for the Mohawk-flats, the very refi- dence of the Mohawks, and feme others on the carrying place, at the head of the Mo- hawk river---all which ought to be taken into immediate confideration, that juftice may be done both to the Indian and European claimants j and that the matter may not re- main perpetual caufe of umbrage, and per- haps the fource of war. Government ought alfo very ferioufly to revifc the principles on which they are now endeavouring to take poffeflion of the Indian country by forts and N garifons 5 I.' If ( 178 ) garifbns 5 built many within the Indian dwell- ing lands, and many within their hunting knds, and on the pafTes and communica- tions of thefe. It is undoubtedly right to maintain the command of that country ; but there is a way to do it with fafety and juftice. The meafures we are taking by force will be found to have neither the one nor the other in them ; nor do I fee how common prudence can adopt the enormous charge to which fuch meafures mufl lead. tflnSil tf Ml! , i; I We have feen that Sir William Johnfon, although he took Niagara from the French by force of arms, never conlidered this as a conqueft of thefe lands from Indians 5 but has, agreeably to his ufual prudence and his perfed: knowledge of Indian affairs, obtained by formal treaty, a ceflion of thefe lands from the Indians to the crown of Great- Britain. The wifdom, as well as the fuc- cefs of this example, ought to lead our poli- ticks to the fame condud in every other cafe, where we have built or obtained forts within their lands, efpecially as many of them were built under exprefs promife of their being difmantled as fbon as the war fhould ceafe : and as the Indians were ex- prefsly and folemnly promifed to have a fa- tisfadion given to them for the ufe of thef^ lands. The fu to I ( m ) TheShawanefeandDclawaresarenlofeirtI* hiediatelyconneded with the province of Pen- fylvania ; and although, as fubdued, they arc Under obedience to the confederacy of the Five-nations ; yet, under tutelage and pro* tedtion of the confederacy, they poffefs their tights to their own country. Was this, as I have faid, a particular treatife on Indian af- fairs, I might here point out ** the caufes of the alienation of the Delawares and ShawUneje In-' diamfrom the Britijh interejl^ by extracts from the public treaties^ and other authentic pa^ pers relating to the tranfadlions between the government of Penjykania and the faid In^ diansfof near forty years pajl^'* as fet forth in ft memoir which I have had by ptie for many years. I could alfo from a feries * of letters for ten years, from Monfieur de Vaudreiiilj Ivhile governor of Louiiiana, to his courts point out thofe negledts and errors, as alfo the manner in which the French profited of thofe out errors, by which we loft the Che* tokees, and other fouthern tribes. ■t, . N ■ iJ: 4.. Am '}'■■ After what has been explained, it will be fufficient here to fay, that, ift, Doing juftice to our faith and honour* by treating the In- * Thefe letters ift mahufcflpt are authentic ; but I am not at liberty to fay how they came into my poflef- fion. N z dians ( i8o ) dians accord'iHg to the real fpirit of our al- liances with them; 2dly, That doing the Indians juftice in their lands, and 3dly, giv- ing up that idle, ufelefs claim of dominion over them) are points abfolutely and indif- penfibly neceffary to be adopted into our po- liticks, unlefs we have ferioufly taken the refolution to force our way by war. Un- til thefe points are adopted, we never (hall have peace And it deferves thorough and mature deliberation how we engage to fet- tle and poflefs America by war. Thefe meafures of found policy once fix- ed upon, the next ftep is to eflablifli an Admi- niftration for the conduding Indian aifFairs— ' This part of the plan is in part adopted, by di- viding the management of Indian affairs into two Intcndencies — one for the northern, the other for the fouthern nations — But, aseverv thing which I could fay further on this head hath been fome years paft ftatedinthe memo- rial annexed to thefe papers, I will here refer the reader to that memorial on thefe points. The meafures recommended therein I have by an opportunity of comparing them with the events of eight years, found to be fuch as I do mod fincerely wiih to fee carried into execution. And if a private perfon might prefume to obtrude advice, that has not for- merly been negledled, I would now venture to ( i8, ) to recommend the confideration of thefe mca- fures to thofe whofe duty it is to adt upon thefe matters. When thefe matters fhall be fettled as they ought to be, then it may be time to take up the confideration of proper regulations for the Indian trade ; and when that time comes, if a plan, which I have accidentally feen, be carried into execution, I would venture to fay, that every thing which can or ought to be done in Indian af- fairs will be efFe<5led. , If with the fame fpirit, guided by the fame principles *, a revilion was made of the laws of trade, fo far as they refpe^ the co- lonies, it would anfwer more wife ends of government, and more the intereft of the governed, both here as well as in the colo* nies, than any endeavour, even tho* fuccefs- ful, to carry the prefent laws into execution. The principles on which the adl of navi- gation is founded are juft, and of found po- licy, but the application of them, by the modes prefcribed, as the laws now fland, to the prefent ftate of the colony trade, is nei- ther founded in juftice or prudence. Any fpirit that would force this application, would injure the principles themfelves, and prove injurious to that commercial intereft, which * This hath been in part done by the late American revenue a£t. N 3 thof« ( i8* ) thofe very a(fls of trade mean ^o fccure to Great- Britain : whereas, upon a due revifion ; of tliofe laws, it would appear that there arc means of producing this fame end con-< fiftent with the particular intereft of the co- lonies, and what would carry the general commercial intereft of the mother country to the utmoft extent that it is capable of. Before I proceed I cannot avoid quoting, and laying before the reader a paffage in 9 letter written by Sir William Temple to lord ElTex, in July 22, 1673, concerning the flate of Ireland, wherein the reader will fee the furvey taken of the trade of that coun^ try, at that time {o appolite to the ftate of the trade of the colonies at this feafon, that it will be impofiible not to apply it. ♦* In ** this furvey one thing muft be taken notice <' of as peculiar to this country, which is, " that as in the nature of its government, *« fo in the very improvement of its trade *« and riches, it ought to be confidered not ^' only in its own proper intereft, but like- ** wife in its relation to England, to which ♦» it is fubordinate, and upon whofe weal in the main, that of this kingdom depends, and therefore a regard muft be had to thofe points wherein the trade of ^' Ireland comes to interfere with any main ^' branches of the trade of England, iii which <* cafe the encouragement of fuch trade ought ''to iC {( it n «c after the expence of an unneceflary voyage, thofe very commodities Vvhich they might have bought in a Britijh market^ ( i89 ) market^ at the port which they left. Why not any of thefe as well as fait, as well as wines from the Madeiras and weftern ifles ? In the fame manner, by the fame law, why may not our colony traders be permitted to carry fugar, ginger, tobacco, rice, &c. to fuch ports in the rivers Wefer and Elbe, in the Sound and in Rufiia, whereat a Bri- tifh fadlory is, or may be eftablifbed ? It can never be right policy to fufFer labour in vain in a community : it is juft fo much loft to the community : and yet this coming round by England is labour in vain : If the fubordi- nacy of the colony- trade, and the duties arifing thereon, can be by any other means fecured, it is fo much labour loft. The two points of a Britijh market^ and the re- venue of the duties being fecured, why may not thefe traders be permitted to load at thefe ports diredly for the colonies, hemp, yarn, and fuch coarfe linens, as do no way inter- fere with the Britifh manufadlories ? Thefe meafures taken, which would prove to be the true means of encouraging the colony- trade, the beft method to put a ftop to the contraband trade carried on in this branch of bufinefs, and the true grounds whereon to eftablifti the general commercial intereft of Great Britain, Government could not be too ftridt in enforcing the execution of the laws of trade, nor too fevere in punifhing the '1 ,.. « V '' 'i ! Ill til I pi'lM V It • I! ( i9d ) the breach of them. — Wherever they fotind thefe traders endeavouring to carry from tbefe ports to the colonies raw filk, filks, velvets^ foreign cloths, laces, iron, fleel, arms, am- munition, fails or rigging, or any manufac« tures whatever, that interfere with the ma- tt ufadlure of Great Britain : whenevet they found thefe traders endeavouring to carry from the colonies to thofe ports, any dying-* wood whatever, indigo, cotton, (ilk, bees or myrde-wax, flax-feed, naval (lores, furs, Ikins or peltry, hides, provilion, grain, flour, bread or bifcuitj whale-oil, blubber, bone^ or any other fi(h-oil, or tallow, or candles, with an exception perhaps to myrde and fpermaceti candles, Government could not be too ftri(5t and watchful to reftrain them. Under proper regulations, the rum of the northern colonies (hould be carried to Africa, and the fale of it to the French on the banks of Newfoundland encouraged, if fuch vent could be procured, as we fliould thereby reap at leafl fome (hare even of the French Fi(hery. In the above revifion of, and the propofed regulations for the colony trade, as conneded with that of Europe, it will be feen that all mention of Eafl: India goods is purpofely omitted. I think a fpecial meafure might be contrived of fupplying the colonies v itb Eaft- ( 191 ) Eaft-lndia goods, in a way that would effec- tually put a flop to that contraband trade, by which it is complained they are at prefcnt fupplied, in a way by which one of the greateft marts in the world, with every at- tendant advantage to the Britifh general com- merce, and the fpecial intereft of the Eaft- lndia trade, might be eflablifhed. If meafures were at this juncture taken, between the government and the Eaft-lndia company, fo that an Eaft-lndia fliip might annually ftop at fome ifland in the Weft-In- dies, the traders, not only of the Weft-In- dies, but of North America, would fupply themfelves with every advantage at fuch mart, not only for their own proper con- fumption, but alfo for a trade of the greateft extent; and this mart, in return, would be to the Eaft-lndia company, the colledlor of all the furplus iilver of America, and per- haps even of fome of the gold and ivory of Africa alfo. The extenftve advantages of this meafure cannot but be feen -, nor would this any way interfere with that fupply with which the Eaft-lndia trade, by way of the Manilla's, furnifties the Spanifh Weft-Indies* fo far as our Eaft-lndia company may be fuppofed to be concerned, but would, in other refpedts, open a better channel of trade between the Eaft and Weft-Indies, which 9 ^"^ i ■•' t ^ -IS ^m 'r. ■;t|i II '^1 ( 192 ) our company muft command. The diffi-' culties in the execution lie in fecuring to go- vernment the revenue that fhould arife from the duties duly paid by this trade, and in fe- curing the company againft the perverlion of this trade to the profit of their officers and fervants. If fome of the iflands furren- dered to us, as the Granadas, or of the neu- tral iflands, were made the place of this mart, with a grant of lands to the company, at the fame time that a profit might derive hence to the company, the collateral good advan- tage to the public would arife, of having created a very beneficial fettlement. In the fame manner, fome revifion of the ftate of the trade of the colonies of the fe- veral maritime powers amongft each other will be neceflTary. The laws and ordon- nances of thefe do in general prohibit all trade of foreign colonies with their own ;— and yet, without fome fuch trade as fupplies the Spanifh provinces with Britifli goods and provifions, as fupplies the Britifh colonies with Spanifti filver, as fupplies the French iflands with Britifli lumber, fifli, provifions, horfes, and live flock, as fupplies the Bri- tifli colonies* with French molofl!es, the trade and culture of thefe colonies would be greatly obftrudted and impaired ; and yet notwul.flanding this fadt, our laws of trade, by t v. ' I the be yet ade^ by ( 193 ) by an impradicable duty, extend to the pro-* hibiting the importation of French mellofTes into our colonies.— If the government, un- der this law, could prevent effedually this importation, not only into the northern co- lonies, But info the Britijh ijles alj'oj the re- ward of that pains would be the deflruction of a beneficial branch of trade, perhaps of driving the Britifli American diftillery into the French, Dutch, or Danifli ifles, or of forcing the French, contrary to their own falfe policy, into a profitable manufacture of that produce which they now fell as refufe materials. I need not point out here the very eiTential change that this would make in the colony trade.- On the contrary, it is the duty of government to permit, nay even to encourage, under proper regulations, thefe branches of trade ; in the firft place, in order to extrad out of the foreign colo- nies, to the benefit of the Britifh commerce, as much as pofiible the profits of thefe colo- nies, and which is more material, in order to create a necefTary dependance in the trade and culture of thofe colonies for their fup- plies on the Britifh commerce. — When it is remembered that the law, which lays a duty equal to a prohibition, on the importation of French mellofTes in the Britifh colonies, was obtained at the felicitation of the Bri- tifh ifles> it will be feen, that the obtaining O this ifer if )■ It I' ;| .tMl li u III ^1' ( 194 ) this law is not fo much meant to prohibit totally the introdudlion of French 'noelloiTes into the Britifh trade, «s to determine a flruggle between the Weft India and North American traders, who (hould have the pro- fits of it. And thus, from the predominant interefl of thefe partial views, has govern- ment been led to cmbarrafs the general courfes of its trade.— —But as theWeft In- dia traders fee that this law has not, never had, and never will have the cffeO: propofed, they wiU be better reconciled to its ceaiing ; and as government mufl now, after the ex- periment, fee the falfe policy of it, there is no doubt but that it will ceafe, fo far a& to reduce the duty to a moderate and pradtica-- ble charge, fuch as will be paid, and fuch as will raife to the crown a very coniiderable revenue thus paid. » '• ■i y-4 I f;a ' i I i ffl:l { 198 ) bounty befides the price, to the perfon who fhould bring down any fuch marts to the water-fide, it would have an immediate eflPedt in fupplying the crown with marts at a cheaper rate, and in the prefervation of thefe trees, thus become a branch of trade. I would wifli here alfo to recommend the giving fome advantages and encouragement to the importation of American timber into Great Britain. I have not gone into the thorough exami- nation of thefe fubjedts above-mentioned, nor have I pointed out, in all their confe- quenccs, the efFeds that this or that rtate of them would have. I have only pointed them out as worthy the attention of government ; and, I am fure, whenever government takes them under confideration, they will be better underftood than any explanation of mine can make them. Were fome fuch arrangements taken for a revilion and further eftablifhment of the laws of trade, upon the principle of extending the Britifli general commerce, by encou- raging the trade of the colonies, in fubordi* nation to, and in coincidence therewith, the trade of the colonies would be adminiftered by ( 199 ) by that true fpirit from whence it rofe, and by which it adls 5 and the true application of the benefits which arife to a mother coun- try from its colonies would be made. Under this fpirit of adminiftration, the government, as I faid above, could not be too watchful to carry its laws of trade into efFedlual ex- ecution.— But under the prefent ftate of thofe laws, and that trade, there is great danger that any feverity of execution, which (hould prove cfFed:ual in the cafes of the impor- tation into the colonies of foreign European and Eaft-India goods, might force the Ame- ricans to trade for their imports, upon terms, on which the trade could not fupport itfelf, and therefore become in the event a means to bring on the neceflity of thefe Americans manufacturing for themfelves. Nothing does at prefent, with that adive and acute people, prevent their going into manufactures, ex- cept the proportionate dearnefs of labour, as referred to the terms on which they can import 5 but encreafe the price of their im- ports to a certain degree, let the extent of their fettlements, either by policy from home or invafion of Indians abroad, be confined, and let their foreign trade and navigation be, in fome meafure, fuppreflcd ; their pa- per-currency limitted within too narrow bounds, and the exclufion of that trade which hath ufually fupplied them with fil- ver-rnoney too feverely infiftcd upon ; 4 thia i\ < i I'li i 13 if «.■;; I ( 200 ) •this proportion of the price of la- bour will much fooner ceafe to be an objedt of objedion to manufadturing there, than is commonly apprehended. The winters in that climate are long and fevere; during which feafon no labour can be done without doors. That application therefore of their fervants labour, to manufadures for home confumption, which under any other cir- cumftances would be too dear for the pro- dud: created by it, becomes, under thefe circum (lances, all clear gains. And if the colonifts cannot on one hand purchafe foreign manufadures at any reafonable price, or have not money to purchafe with, and there are, on the other, many hands idle which ufed to be employed in navigation, and all thefe, as well as the huibandmen, want employ- ment 5 thefe circumftances will foon over- bji!:-.ice the difference of the rate of labour in Europe and in America. And if the co- lonies, under any future ftate of adminiftra- tion, which they fee unequal to the ma- nagement of their affairs, once come to feel their own flrength in this way, their inde- pendence on government, at lead on the ad- miniftration of government, will not be an event fo remote as our leaders may think, which yet nothing but fuch falfe policy can bring on. For, on the contrary, put their governments and laws on a true and confti- tutional bafis, regulate their money, their revenue. m ( 201 ) revenue, and their trade, and do not check their fetdements, they muft ever depend on the trade of the mother country for their fup- plies, they will never eftablifli manufadtures, their hands being elfewhere employed, and the merchants being always able to import fuch on * terms that mufl ruin the manufac- turer. Unable to fabfiil without, or to unite againil the mother courtry, they muft al- ways rer-:a-n f.-bo:di::a:e to it, in all the tranfadions of thc'r ccmincrcea in all the operr.tion of their lav/s, in c vcy adl of their ill m :fi m cco- ftra- ma- feel nde- ad- y can their onfti- their enue. * This is a fzd: too v/ell known and underflcod to need any particular proof — but if need v/ere, the writer of thefe papers could demonrirate this from the prices of wool, hemp, and flax, and che labour of carding, drefs- ing, fpinning, weaving, &c. in North An^erica, com- pared with the prices of the {ai\ie articles of produce and labour in Britain. It is therefore an idle vaunt in the Americans, when they talk of fetting up manufac- tures yir /r^rf^; but it would be equally injudicious in government here to force any meaiure that may render the manufadluring for home confumption an obje£l of prudence, or even of pique in the Americans. And yet after all, ihould any thing of this fort extend itfelf to a degree that interfered with the exports of Great Britain to the colonies — the fame duties of an excife which lie upon the manufa(Stures of Great Britain, le- vied upon thofe of America, would foon redore the balance. This confideration, one might imagine, would induce thofe who are prudent in America, to advife the reft to moderation in their oppontioiu P govern- I '■"■ ^ he m A. t * M ifMSi-i i i K* 1 '"^^■" 1 1 government :■ ( 202 ) •The feveral colonics, no longer confidered as denfiefnes of the crown, mere appendages to the realm, will thus be- come united therein, members and parts of the realm, as elTential parts of a one organ- ized whole, the commercial dominion of Great Britain, The taking leading mea- sures TOTHE FORMING OF WHICH,OUGHT, AT THIS JUNCTURE, TO BE THE GREAT OBJECT OF GOVERNMENT. The END, . A "r 11 1 ■:■*! J- , • ^ 1 ' '^f^N^- . *,■ I,' I ).'. w- < " « '■* APPENDIX. SECTION h ALTHOUGH the following papers, at the time in which they were written, had reference to the ftate of the fervice as oppofed to the French meafurcs and power in America i Although they are parts of another work intend- ed to be publifhed at fome future time, yet they are here annexed to the Adm'mijlration of the Co- lonieSy as they treat of matters very worthy pre- fent confideration ; and as in general they contain ideas of police, which refpe6l the poflfcfilon, pre- fervation, and improvement of thofe acquirition3 which our conquefts have put into our hands,— » and the forming them into fomc fydem of Empire that Ihall be the Empire of Great Britain. The firft paper, which had for its objedl the forming of the Britifli pofieflions together witfi thofe of our allies the Indians, into a fyftcm of barrier againft the French, was written at a time when the fubjed was entirely new, fcarce ever brought forward to confideration here in England, and when authentic accounts of the true Itatc erf the country as poffefled by the Engiifh and French, were with great difficulty, if at ail, to [A] ' be Wri i ■ %. »}!. { 2 ) be obtained ; and I may venture to fay, utterly unknown to our military. The latter of thefe papers, was written after it became neceffary to change the objedl of the war ; and the only thing which I wifh to fay of the ideas that it contained, is, that they were literally juf- tified by the events. A MEMORIAL: Stating the Nature of the Service in NORTH AMERICA, and propofing a General Plan of Operations, as founded thereon. Drawn up by Order ofy and frefented to^ his Royal Hi^hnefs the Duke of Cumberland, 1 756. HI S Majefty has now united the fervice in North America into one power of adion, and under one direction, by appointing a com- mander in chief over all North America, with powers to diredl, and with force to carry on this fervice as a one whole. The next and neceflary point therefore is, that there fhould be fome om general plan of operations fixed, which may be carried on, not only by the general forces em- ployed in the general and military part of this plan, but by every particular province and co- jony, within its own private councils, and own 2 private St*::-.- ( 3 ) private operations, coincident with the whole. When fuch plan is fixed, every lum of money that is raifed for this fervlce, will be applitrd lo what (hall be of real fervlce and permanent ufc i and every the moft minute operacii n that is un- dertaken, will become as part of fuch plan, "E^yoy tU «»!» i— — —and every (the moft other- wife infignificant) meafure would become of more importance, and more fervice, than twenty the moft cxpcnfivc and buttling operations, that arifc from momentary and partial ftarts of whim, va- nity, or intcreft : There could not even a logg houfe be built, nor fcarce a piquet ftuck down Hi any part of the country, but what would be a neceffary meafure and whofe ufe (however trifling the thing in itfelf) would extend to the grand fer- vice of the whole : There would not be a pound, icarce a penny raifed, but would have its (hare in this grand fervice. On the contrary, while pri- vate perfons, or particular independent bodies of people, have confulted only the momentary par- tial ftarts of whim,* vanity, party, or inteiett, under the influence of fuch motives, without any general fcheme to the defence of the country, the taking pojfejfwn of it, or the command of it, without any reference to any general idea, forts have been built up and down the country, that could never have been of ule, have never been ufed, have never been fup,:orted, have been left to go to ruin, have been abandoned to the ene- my \ or, if they have been kept up at all, have been a private ftanding job to all concerncrd in them : While thus large fums of money bavg been fquandered away to no ufe, or bad ones ; while thus fruitlefs detached mcafures, that have [A 2] been '■'if ■' ll« put':- .1 _^ ^r 19' ( 4 ) been of no ufe, but a perverfion and incumbrance on the general fervice, and interfering amongft each other, have been purfued by vague, ran- dom fits and ftarts, the public fervice has not only been ruined, but the people have loft all ppinion and confidence in military operations, have been difcouraged and alienated from engag- ing in any adlive meafures, and always fufpicious, that whatever fums they give to fuch, arc either thrown away, or put into the private pocket of feme jobb. On the contrary, were there fome one general plan of operations formed, upon the practicability and really intended execution of which they might confide, the aflemblies might be perfuaded, the people would be willing, and 1 verily believe, would be perfuaded to give amply and chearfully : So that it is not only neccfTary to the gaining the end propofed, but alfo abfo- lutcly neceffary to the gaining the means, that fome fuch general plan (hould be fixed. In order to which, the following paper pro- pofes to confider, ly?, The fite of the country ! 2dly, The interefts of the poffeflions and fettlc- ir*;nts : As the bafis of ^dly. The ftate of the fervice in America. It becomes neceffary to a right underftanding of thefe propoftd obje i ■I ■li mi f'M§ '1 ■ ''f' '1 i: i il • ii; ( 6 ) higheft part of this flopc, may in general be faid to run from Onond.iga, along the wefternmoft Allegc- hani ridge of the endlcls mountains, to Apalatche in the gulf of Mexico. 2dh\ In confidcring firft the main continent, this h'gh plain, it may be obferved, with very few exceptions in comparifon to the whole, that the multitude of waters found in it is properly fpeak- ing but of two maffes : The one compofed of the waters of the lakes aid their fuite, which dif- embogue by the river St. Lawrence ; the other that muliitude of waters which all lead into the Mifll- fippi, and from thence to the ocean 5 the former into the gulf of St. Lawrence, the latter into the gulf of Mexico. There are in all the waters of Mi/Tifippi, at leafl as far as we know, but two falls ; the one at a place called by the French St. Antoine, high up on the weft (^r main branch of Miffifippi ; the other on the eaft branch called Ohio. Except thefe, and the temporary rapidity arifing from the frefhes of fpring, and the rainy feafons; all the waters of the Miffifippi run to the ocean, with a (till, eafy and gentle current. As to all the waters of the five great lakes, and the many large rivers that empty themfelves into them, the waters of the great Otawawa ri- ver, the waters of the lake Champlain, of Trois Rivitres, iind the many others that run into the fiver St. Lawrence above Quebec, they may all be confidered in one mafs, as a Jlagnaticn or lake of a wilderncrs of waters, fpreading over the country ( 7 ) country by an infinite number and variety of branchings, bays, (Iraits, &c. for at chough at parcicularplacesof their communications, and at the mouthy of their dreams, they feem to pour out fuch a.i immenfe ocean of waters yet when they are all colled^^d and aiTemblcd together, as at a general rendezvous where they all difembogue thcmfelves into the river St. Lawrence, the whole embouchure of this multitude of waters is not larger than the * Seine at Paris ; the waters of each refpe6live mafs not only the lefler ftream^ but the main general body of each going through this continent in every courfe and direflion, have, by their approach to each other, by their inter- locking with each other, by their communication to every quarter and in every diredion, an al- liance and unity, and form one mafs, a one whole. 4 ' Mi "i i * ■ 'fi $ ! r ^ 'i „ .«|, Let any one raife in his mind the idea of fome low country incapable of being travelled, except on the roads, caufeways, dykes, &c. that have been made through it, and that thefe roads have throughout the whole country a communication which connects and forms them into a one fyftem of defign, a one whole : Such perfon will readily conceive how eafily and with what few numbers a General may take pofTeflion and hold the com- • About 1 2 French leagues above Quebec, over agalnfl a place called la Loubiniere, the river St. Lawrence appears to be of a very confiderable breadth ; but when the tide, which runs up much higher than that place, has at its ebb entirely retired, that breadth which one would have judged to have been that of the St. Lawrence river, remains all dry, except a fmall channel in the middle, which does not appear to be much larger than the Seine at Paris, nor the waters of it that pafs there to have a greater current. [A 4] mand i ii i I ( 8 ) mand of this country ; and when once pofleflcd how eafily he may defend it, by fortifying with redoubts and fuch works, the ftrong holds and paflTes in it, and at what an almoli infurmount- able d Had vantage any one who aims to recover it muft a6t, even with twenty times the numbers. If thefe roads and lines have thus a communica- tion forming a one whole, thev are the founda- tion or bafis of a command throughout the whole country *, and whoever becomes polleflcd of them has the command of that countiy. Now let any one behold and confider the con- tinent of America, as it really is, a wildernefs of woods and mountains, incapable of land carriage in its prefent natural unwrought form, and riot even to be travelled on foot, unlefs I y the good will of the inhabitants, as fuch travelling in thofe woods and mountains is perpetually and unavoid- ably liable to ambufcades, and to the having the communication from the one part to the other cut off : Let fuch perfon alfo know, that the waters for thefe reafons have ever been the only roads that the inhabitants ufe, and until art and force make others, are the only roads that any body of people can in ge- neral take. Compare this ftateof country with what is above defcribed, and the fame conclufion, tnu- taiii mutandisy will be found to be derived from it. Seeing this, as fa61: and experience (hews it to be, let fuch perfon then recollect what is faid above of the communication and alliance amongft the fcjveral waters of this continent — of the unity, one mafs, and one whole, which they form •,— he will fee in a flrong light how the watry ele- ment claims and holds dominion over this extent of ( 9 ) of land ; that tKe great lakes which lie upon its bofom on one hand, and the great river Mifli- fippi and tiie multitude of waters which run into it, form there a communication, — an alliance or dominion of the watry element, that commands throughout the whole ; that thefe great lakes ap- pear to be the throne^ the centre of a dominion^ whofe influence, by an infinite number of rivers, creeks and ftreams. extends itfelf through all and every part of the continent, fupported by the communication of, and alliance with, the waters of Miflifippi. If we give attention to the nature of this coun- try, and the one united command and dominion which the waters hold throughout it, we (hall not be furprized to find the French (though fo few in number) in pofleflTion of a power which commands this country ; nor on the other hand, when we come to confider the nature of this caftern part of America, on which the Englifh are fettled, if we give any degree of attention to the fads, fhall we be furprifcd to find them, though fo numerous, to have fo little and languid a power of command even within the country wht re they are a6lually fettled. 1 fay a very ftrong reafon for this fa6i: arifes out of the diflTerent na- ture of the C('untry, prior to any confideration of the difference arifing from the nature of their go- vernir.ent, and their method of taking poflefTion of this country. This country, by a communication of waters which are extended throughout, and by an alli- ance of all thefe into aone whole, is capable of being, and \-\\i\ m. ( 10 ) and IS naturally a foundation of a one fydem of command : Accordingly, fuch a fyftem would, and has a6lually taken root in it under the French. Their various pojfejfions throughout this country have an order, a connedlion and com- munication, an unity, a fyitem, forming fall into a one government, as will be feen by and by : Whereas the Englilh fettlements have na- turally, neither order, connexion, communica- tion, unity, nor fyftem. The waters of the tra6k on which the Engiiih are fettled, are a number of rivers and bays, unconnedled with, rnd inde- pendent of each other, either in intereft or natu- ral communication within land. The vague dif- fipated random fettlements therefore, fcattered up and down thefe, will have no more commu- nication or connexion amongft themfelves, than there is amongft the various independent ftreams they are fettled upon.— This country, inftead of being united and ftrengthened by the alliance of the waters which run in it, is divided by thefe feveral various ftream?, detached from, and in- dependent of each other, into many feparate de- tached tra6ts, that do naturally and have adually become the foundation of as many feparate and independent interefts. As far as the communion of the waters of any river, or the communion there may be between any two rivers extends, fo far extended will arife a com- munication of fyltem, of intereft and command ; the fettlements therefore on this tra6t of country, would be naturally, as they are aftually, divided into numbers of little weak, unconnected, inde- pendent governments — "Were I to point out the na- ( II ) natural divifion of thefe tracts and interefls, it would point out a new divifion of the govern- ments of the colonies, which is not the purport of this paper. " ■ ■ The confideration of this country, fo far as it is connected with, or has any effect upon the in- tereds and politicks of the Englifli fettlements, prefcnts itfelf to view divided in two ideas, i/. The country between the fea and the mountains : Q.dly^ The mountains themfelves. The firft part is aimed throughout the whole capable of cul- ture, and is encirtly fettled : The fecond, a wil- dernefs, in which is found here and there in fmall portions, in comparifon of the whole, folitary detached fpots of ground fit for fettlements : the reft is nothing but cover for vermine and rapine, a Jf* fur wild beads, and the more wild favages wf'. ^ der in it. Thus far of the fite of the country, as it be- comes the foundation of a natural difference be- tween the Englifti and French poffcffions in Ame- rica. The next point that preftnts itfelf to con- fideration is the manner in which the Englilh and French have taken polTeffion of, and fettled in this country : And, i/, Of the French. The French in their firft attempts to fettle themfelves in thefe parts, endeavoured to pene- trate by force ot arms, to fix their pofleflions by military expeditions, till through the perpetual and conftant abortion of thefe meafures, and the cer- ill \:/M : ■ :l ■'^m il* f m m I ( 12 ) certain difappointment and fure Idfs that attended them, they through a kind of defpair gave over all thoughts of fuch attempts. "Whether the dear-bought experience that they learnt from hence, or whether defpair leaving their colony to make its own way, or whether rather, the right good fenfe of Mr. Frontenac and Mr. Calliers lead them to it, is neither eafy nor material to determine ; but fo it was, they fell afterwards into that only path, in which the real fpiric and nature of the fervice led. The native inhabitants (the Indians) of this country are all hunters*, all the laws of nations they know or acknowledge, are the laws of fporting, and the chief idea which they have of landed pofleflions, is that of a bunt. The French fettlers of Canada univerfally commenced hunters, and fo infinuated themfeives into a connedion with thefe natives. "While the French kept themfelves thus allied with the Indians as hunters, and communicated with them in, and ftridly maintained all the laws and rights of fporting, the Indians did eafily and readily admit them to a local landed poiTefTion ; a grant which rightly acquired and applied, they are always ready to make, as none of the rij^hts or interefts of their nation are hurt by it : While on the contrary, they experience and receive great uff, benefit, and profi*-, from the commerce which the Europeans therein eftablifh with them. Whereas on the contrary, the Englifh with an infatiable thirft after landed poffefiions, have gotten ( t3 ) gotten deeds and other fraudulent pretences grounded on the abufe of treaties, and by thefe deeds claim pofTelTion even to the exclufion of the Indians, not only from many parts of their hunt- ing grounds, (which with them is a right of great confequence) but even from their houfe and home, as by particular inflances from one end of the continent to the other might be made appear. Upon thefe pretences they have driven the Indians off their lands. — The Indians unable to bear it any longer, told Sir William Johnfon, that they believed f ^n they fhould not be able to hunt a bear into a hole in a tree, but fome Englifhman would claim a right to the property of it as being his tree :— And whatever the great proprietors, patentees, and land jobbers, may affirm or affeft to prove, or however angry they may be with thofe who declare this truth ; this is the fole ground of the lofs and alienation of the Indians from the Englilh intereft, and this is the ground the French work upon. — On the contrary, the French poffeffions interfere not with the Indians rights, but aid and afllft their intereft, and become a means of their fupport.— This will more clearly and better appear, by a more minute and parti- cular attention to the French meafures in thefe matters. jfly No Canadian is fufTered to trade with the Indians, but by licence from the government, and under fuch regulations as that licence ordains. The main police of which is this. The govern- ment divides the Indian countries into fo many hunts, according as they are divided by the In- dians theiiifelves. To thefe feveral hunts there are r^l ( '4 ) are licenfes refpeftively adapted, with regulations refpeding the fpirit of the nation whofe hunt ic is ; refpediing the commerce and intereft of thac nation i refpe^ing the nature of that hunt. The Canadian having fuch licence, ought not to trade and hunt within the limits of fuch hunt, but according to the above regulations ; and he is hereby abfolutely excluded under fevere penal- ties to trade or hunt beyond thefe limits, on any account whatever. It were needlefs to point out the many good and beneficial efFeds arifing from this police, which gave thus a right attention to the intereft of the Indians, which obferved the true fpirit of the alliance in putting the trade upon a fair foun- dation, and which maintained all the rights and laws of the hunt, that the Indians molt indifpen- fably exaft. But the confequence of the moft important fervice which arifes out of this police, is a regu- lar, definite, precife, aflfured knowledge of the country. A man whofe intereft and commerce are cir- cumfcribed within a certain department, will pry into, and fcrutinize every hole and corner of that diftrift : When fuch a hunt is by thefe means as full of thefe coureurs des boix, ^s the commerce of it will bear, whoever applies for a licence muft betake himfelf to fome new tradt or hunt, by which again begins an opening to new difcoveries and frelh acquifitions. When ( 15 ) Wh€n the French have by thcfc means efta- blilhed a hunt, a commerce, alliance and influ^ cnce amongft the Indians of that tradt, and have by thefe means acquired a knowledge of all the waters, paffes, portages, and polls, that may hold the command of that country, in fhort, a mxlitary knowledge of the ground, then, and not before, they ajk and obtain leave of the Indians to ftrengthen their trading houfe, to make it a fort, to put a garrifon in it. In this manner, by becoming hunters and treating alliances with the Indians as brother- fportfinen, by founding that alliance upon, and maintaining it (according to the true fpirit of the Indian law of nations) in a right communication and cxercife of the true intereft of the hunt, they have infinuated themfclves into an influence over the Indians, have been admitted into a landed poflfelTion, and by locating and fixing thofe polTeflfions in alliance with, and by the friendly guidance of the waters, whofc influence extends throughout the whole, they are become poflcflcd of a real intereft in, and real command over the country. They have thus throughout the country fixty or feventy forts, and almoft as many fettlements, which take the lead in the command of the country, not even cne of which fortSy ivilhout the above true fpirit of policy, could they fupporty with all the expcnce and force of Ca^ nada : Not all the power of France could ; 'tis the Indian intereft alone, that does maintain thefe pofls. Having * ■■■[■■ ' .'V 'H i>n hii ( i6 ) Having thus got pofTefllon in any certain trad^ and having one principal fort, they get leave to build other trading houfes and entrepdts, at length to ftrengthen fuch, and in fine to take poflefHon of more and more advanced pods, and to fortify and garrifon them, as little fubordinate forts under the command of the principal one* Though thefe principal forts have fubordinate forts dependent on them, they are. yet independent of each other, and only under the command of the governor general ; there is a routine of duty fettled for thefe, and the officers and commanders are removed to better and better commands : What the particulars of this are, and of the diftribution of the troops, I have not yet learned as to Ca* nada -, but in general the prefent eftabiifhmenc for this fervice is three thoufand men, of which there are generally two thoufand three or four hundred effeflive. , ; , . . . .- ' ,. I have not been able to get an exadl 11(1 of the forts in Canada, but the following is fufficient to (ketch out the manner in which they conduct this fervice. It will be neceflary firft to defcribe the line which now divides Canada and LouiHana in the Illinois country. It begins from the Oubafch at the mouth of Vermilion river, thence to the poft called Le Rocher on the river Pseorias, and from thence to the peninfula formed at the con- fluence of Rocky river and the Miffifippi. i Forts «»» ( '7 ) Forts in Canada. St. Frederick, { c£"\ Frontenac, i Niagara, { or Tieonderoga* L* Prdentation. Les Coudres* Quintez. Torcnto. .«' One other* MissiLiMAKiNAC, and its Dependencies* Dv QUESNE, {Prefq' Ifle. Riviere au Boeuf. One other. Le Detroit, The Post Mi AMIS and Sioux. NiPlOON* Two f 'Twas propofed to the < 1 in the year I75a> to I thia into a Lieutenan Cotirt eredt Lieutenancy du St. Joseph, Le Petit Paris. Alibi4 Saguenat. St Johns, in Nova ScotiaJ In ail about fixty Two or threes One on the River Michi- pocoton. One other on the Long River, and one other. ■ ^ . I'^WU Moft of thefe forts have fine fcttlements round them, and they do entirely fupport themfclves ; [B] U m < m ■ V l|l n" m I ] ( i8 ) it being ufual for both officers and men to defer rtceiving their pay till the garrifon is re- lieved, which is generally in fix years -, and fcarce any thing is fent to thefe garrifons> but dry goods and amnriunicion. There is a iine fettlemont at Detroit, of near two hundred families ; a better ftill at St. Jofeph, of above two hundred ; a fine one at St, An^ toine, many 6no ones about Petit Paris. But the French government does not encourage thefe, and has, by a pofitive ordonaoce, abfolptely for- bid any one to make a fectlement without fpecial licence ; which meafure they found necefTary to take, in order to retrain the Canadians from t(> tally abandoning Canada. The ell:ablilhments« pon:s, and fettlepficnts Qf Louifiana, are as follow : -i -' ... Thirty feven companies of fifty men each, and two SwifTe companio of feventy five men each. I. The garrilbn of New Orleans : French SwifTe 97S Out of which are garrifoned the outpo(l$ of BalifTe, and other fmall polls. Detour Anglois : The garrifon of thia confifts of four companies, which have tht^ir tour of duty with the Mobile, Illinois, &c. •, i< , . Mobile, as alfo to influence the In- ** dians, as there are at our meetings and •* treaties, held here annually with the In- dians, fometimes 2» fometimes 3,000 Indians prefent •. ct Tombechbe.7 One comjlany each, a de- Alibamou. \ ^^^^^^^^^ '"' 6- Four companies of this garr ifon relieved every year. The Illinois, fix companies • • The polls were, ^ in 175a, Cafkafias. Fort de Chartre$» Village de St. Philip. Praire de Rocher. Cohokias. Village de St. Jeune Veuve. The Akanfas, a lefs principal poft, one company - - - , . The Natches, one company ^ 300 * Mr. Vaudreuil to the coart. IB2J «ji^ "1 V The 50 60 1850 71 1 ■ .'!' ; :' ; : •■•: . .'i i .;i«: u.i ( 20 ) Brought over 1 850 The Nachitochcs, one company - - s^ for the prcfent, on account of their not being able to prevent defertions to the Adages, a Spanifh pull within 7 leagues • of it. They propofc, when they fhall be able to fettle a cartel with the Spanilfa governor, and his Majcfty approves of it, to fix two companies there, it being a frontier poft. The Point Coupe, one company - - 50 The German Settlement, one company 50 Total 2,000 The fettlements of Louifiana in general, pro- duce Indigo equal to the Guatimalo, which ad- mit three cuttings or crops annually ; rice in great abundance, cotton, but they find great difHculcy in cleanfing it from the feeds that accompany its growth here, tobacco, pitch, tar, they have a trade with their own iflands -, flour, peas, beans, falted or corned wild beef, and pork, hams of hogs and bears, tallow, greafe, oil, hides, lum- ber, planks ; they have alfo myrtle wax, which they export to France } they do alfo, in fmall quantities, manufacture the buffalo wool. From the abundance and natural growth of mulberry trees, they have their thoughts turned to filk, iron, lead, copper, and coals in abundance ; befides the flcins and coarfefurs, arifing from the Indian trade and hunt, they had, fo long ago as in the year 1744, feveral vefTels at their port, which came from Florida and Havanna, and the bay of Campeachy, to trade for boards, lumber, pitch, . . T . * dry ( 2l" ) dry goods, and live (lock, to the value of 1 50,006 pieces of eight. They had a fettled treaty of commerce with the Royal Company of Havanna, by the terms of which, the French were to deli- ver them at Louifiana, pitch at two piaftres a bar- rel, tar at three piaftres a barrel, boards at two reals each. Their fettlements towards the mouth of MifTilippi, are almoft deferted and ruined, the fettlers not being able to fupport the expence of banking againft the inundations of the fea and land floods. Mr. Vaudreuil fays, in a letter to the court, September 28, 1752, he thii !:s it would be much better, to defer for fomc '/eara attempting fettlements here, till the ground be more raifed and elevated by the accretion of foil, as ic has been three feet in fifteen years laft paft. I mention nothing here of the pofts of New Orleans, Detour Anglois, and Balife, nor of Mobile; becaufe, being marine pofts, the con- fideration of them does not come within the fcope of this paper. I will obferve, that they re- quire our particular attention : They are become the ports to which all the men and ttores, with which the country of the Ohio is furnifhed, are fent annually and conftantly ; as from New Or- leans to this country, the way is much fhorter than through Canada, the diftance beir j at the moft, where they are obliged at low , uer to follow all the windings of the river, not more than 340 French leagues j but at thr ufual times that they fend their convoys, not -iiOre than 300, and to which they can go up with decked floops, nine or ten months in the year. The trade comes down from the Illinois, about the latter end of [B 3] De. ■ i It . '(!' 1; April 20, 1751. ( 22 ) December, and goes up towards th* latter end of January, or ihc beginning of Febiu a y. I fliall defcribe the poft of Tombechbc from Mr. Vaudreuirs letttrs. This poft reftrains the Alibamous, T jlapoucl es, Abekas, and Coweta , preferves the conriii ica- tion between the waters of Mobile, Alibamous ri- ver and the M'flifippii 'tisneceffary for us irxTvier to keep up amongft the Chadlaws, the fpiric of January 6, Warring againft the Chickafaws ; *tis alfo neccl- *7*^* fary as an entrepot in our expeditions againft the Oftobcr 28, Chickafaws and Englifh. From hence we can ''* ' go within feven or eight leagues of the villages of the Chickafaws with periaugof-s, by the river Tombechbe, over which, feven or eight leagues of land carriage, we can eafily go by land, and carry cohorns and light field pieces : from hence alfo it is, that we mud fend out our parties March 6, againft the Carolinians ; yet this fort being a '"♦9* heavy expence, and with great difficulty fupplied, and being fo fituated as to be of no ufe to hinder the Englifh from going to the Chadaws* whtn that nation is inclined to receive them, as they may conduct their convoys a little above, or a little below the fort, without our being able to September oppofe them. This being the cafe, were the i^, i75»' Cha£laws entirely fecured in our intereft, were the Chickafaws deftroyed, and had the Englifh loft and given up all hopes of ftrengthening thcmfelves in that quarter, as we hope t® effc<5t, I then think it would be no longer necefTary to J*ri'Ufyj2,\ieep up this poft; yet till this be efFedted, it muft be kept up, and more efpecially as by fup- prefling »75i' ( 23 ) prefCng it now, the Chaflaws would think them- fclves abandoned. This poft, as well as Aliba- May 50, tnous, fhould always be vidtualled for a year, 17s <« Jed by any revolution in Indian affairs, the road to it fhould be obftru^ed. As to the pods in the Illinois country, I am not able to defcribe them particularly ; but what appears to be of more consequence, I colledl from Mr. V'audreuil's letters, (from 1743, to 1752) the general idea upon which the fortifying and fccuring that country is founded. The firft fort of their plan, in fortifying the , . ^^ Illinois country, was on ihe peninfula, in lat. 41. 1743.' 30. This was a check upon, and barrier againft ^",1"^^!,^*'* the feveral nations of Sioux (not then in confe- deracy with them.) The next poft in this plan was on the river Dorias, (fo called after the junflion of the Illinois river and Theakiki) which would be of more efpecial ufe, if fituated on the north of the lake on that river, whence the roads divide, that lead to MafTilimakinac and St. Jo- feph : This he defcribes as the key to the Illinois country from Canada. The next is the garrifoning and fortifying the country, from the mouth of Miflburis ro Kafka- fias, where there are five pofts. Mr. Vaudreuil May 15, thinks that Kafkafias is the principal, as it is the itsi* pafs and inlet of the convoys of Louifiana, as alfo of thofe ot Canada, and of the traders and hunters of the poft Detroit, and that of the grcateft pare of the favage nations. [B 4] There ,n ii I M: : ( H ) There is alfo at this pod, a river where the (loops which come from New Orleans, may be fafe'y laid up in winter. Mr M^car- But Mf. M*Carty, who was on the fpot, thinks vaJdreuiIe. ^^^ cuvifons of Chartrcs a far better iituation to janiaiy 2o,^Uc.e this poft in, provided there were more in- '75"' haoicants. He vifited fort Chartres, found it very good, only wanting a few repairs, and thinks it ought to be kcrpt up. The next pofl (I take them in order of place, not of time) which comes into this plan, is on the Ohio, over againft the mouth of the Cherokee November river I This, he fays, would be the key of 4. I74S- jhe colony of Louifiana, would be a fufficient AufiiiP 30, barrier againft the Englifh, and reftrain their in- Mlt^is* cfo^^-'hmcnts, and would obftruft their defigns in «75i' alienating the Indians of the Ohio; it would re- drain the incurfions of the Cherokees, on the ri- ver Ouabafh, and river MiiTifippi ; it would alfo check the Chickafaws, and would by thefe means fecurc the navigation of the Midiiippi, and the November communication with our ports. He here ex- *' ^'^'^^ prefies the greateft uneafinefs, (as the French court did not care to engage in the meafure at that time) led the Englilh fliould build a fort ht-re, in which cafe, fays he, we mud give up all comtr.unication with the Illinois ; for the Eng- lifh would become maders of all the navigation of that country. Aprils, Mr. Jonquiere propofes another fort at the ?75-' mouth of Rocky river, (this is in the govern- ment ( 25 ) ment oF Canada) which, he fays, would fecure the tranquillity of the fouth of Canada. This, fays Mr. Vaudreuil, together with the poll of the Illinois, woii'd reftrain and become a barrier againft the Engiidj, and cover all our Indian al- ]ies to the weft, from our enemies, the Englifli, the Cherokeesy Catawbas, and others. By thefe pofts above, and the pods of the Miamis, this whole country is fecured and for- tified. This country, fays Charlevoix, (in 1721) will become the granary of Louifiana, and in 1 746 we find it a(5tually becoming fo ; for in that year it fent down to New Orleans fifty ton of flour; in 1747, we find it well furnifhed with provifions, and having fine crops ; and in a let- ter of Mr. Vaudreuil's 1748, we have an ac- count of its produce and exports — flour, corn, bacon, hams, both of bears and hogs, corned pork and wild beef, myrtle wax, cotton, tallow, leather, tobacco, lead, copper, feme fmail quan- tity of buff^alo wool, venifon, poultry, bears- greafe, oil, flcins, and Tome coarfe furs ; and we find a regular communication fettled with New Orleans, by convoys which come down annually the latter end of December, and return at lateft by the middle of February. Thus the French do not ox\\y fettle the country, but alfo take pojfejfion of it \ and by the form, fite, and police of fuch poflcflions, (led on and edabliflied by the guidance of, and in alliance with the waters,) a natural found.ition ot a one command, have they acquired, and become pol- feflcd of the command of this country. By ) ' m F.sflJ m 1 • m Ail ■l ■ " 1; 1 i II ^^m ■■(■ -I 'i-' ml "M w > •H 1 ( 26 ) By thefe means, I repeat it, have they created an alliance, an interefl: with all the Indians on the continent ; by thefe means have they acquired an influence, a command throughout the country : They know too well the fpirit of Indian poll- ' ticks, to afFeft a fuperiority, a government, over the Indians ; yet they have in reality and truth of more folid eflfeft, an influence, an afcendency *, in all the councils of all the Indians on the con- tinent, and lead and direft their meafures, not even our own allies, the Five nations, excepted } unlefs in that remains of our intereft, which, partly the good eflPefts of our trading houfe at Ofwcgo, and partly General Johnfon, has pre- ferved to the Englifli, by the great eftcem and high opinion the Indians have of his fpirit, truths and honor. * I mention nothing here of the influence of the Jefult minioriries, becaufe nothing is meant lefs than religion by them. East. ( *7 ) feAsr. In the French Intereft. £A|uiinaux. St. John's. Micmacs. Penobfcotc. Noridgwalkt* Abenakais. St. Francis IndlaflS* Cachnewage. Scaatecoke, Ofwegatchie* Senekes. Onondagas. Cayuges, Oncides. Tuikaroras. ■\Suppofed to be iii I tlie BritiAi Inte- ^ reft, but greatly I debauched by the J French. Mohawks. 7 Wholly in the Brl- Mehikandert. 5 tiih Intereft. Dcla wares. Shawenefe. r Catawbas Cherckees Chickafaws. ws. / Loft to the EngllA, except a few on Sufquehanah. Suppofed in the Eng« lifh Intereft, but much debauched by the French. West. French* Sioux. NadoneiTeries. lUinois. Tawigtwaes* Miamis. Piankefshanaey* Wawya£taei, Picquea. Kafkufldes. Cawretas. Abekas. Talapnnches. AUbamdus. \ The four Na- tions of the Creeks, at above. North. Wholly French. Aflinipoeles. Adirondacks. Aigonkins. Outawawaes. Chononderdes or Rurons. Meflifagues. Outagatnies. Mircontirii* Sakis. Chriftanaux; Almipogina. Nipiienei. } Skaniadere* rocnutfi. South. Ofagaes. Akanfaes. Cha£laws. Panimaes. Adages. 1 Wholly French. The Englifh American provinces arc as fine fettlements as any in the world ; but can fcarce be called pojjijfions^ becaufe they are fo fettled, as to have no pofleflTion of the country : They are fettled as farmers, millers, fifhermen, upon bays and rivers, that have no communication or con- nexion of intereft, confequently, the fettlers be- longing to thcfe rivers, bays, &c. have no na* tural connection. But ( 28 ) But further, the fettlers upon any onp river or fet of waters, which waters having a connection, might become the natural feat of a one intere(V, are yet fo fettled, that they have no connedbion nor union amongd each other, fcarce of commu- nion, much tefs of defence. Their fettlements are vague without deOgn, fcattered, independent ; they are fo fettled, that from their fituation, 'tis not eafy for them to unite in a fyflem of mutual defence, nor does their in- tereft lead them to fuch fyflem, and even if both did, yet through the want of a police to form them into a community of alliance, unity, and adlivity amongft themfelves, they are helplefs and defencelefs ; and thus may the Englilh be confidered as having, for many hundred miles, a long indefenfihle line of frontiers^ prior to the con- fideration of the nature of the enemy they may be engaged with. 3i/y, The (late of the fervice as arifing from the above fads. It appears from the firfl: cad of the eye, that the Englifli, without fome preparative meafuresj will not be able to carry into execution any mili- tary expeditions againft the French in the upper part of America -, becaufe from any poft where they can form an army, and lay in all its (lores, ammunition and provifion, they muft undertake for many hundred miles, a long, dangerous, and tirefcme march, by roads the mod haraffing, and of almoft infu}'erable difficulty, through a wiU dernefs of woods and mountains, witnout maga- zines ( 29 ) zines of forage, &c. or any other afTidanc^; through a country liable to ambufcades, and all the flrokes of war ; through a country whereof the French are poffefled of the command, or if through any part where their perfonal command does not actually exifl, yet where Indians, (the mod dangerous enemies in fuch a wildfrnefs) where the Indians, I fay, are mailers, and pof- felTed of every hold and pafs. To put this matter in a dill ftronger light, let any one confider, whence arifes the danger of marching through a fortif'.ed country ; whence the danger of a general's leaving behind him any enemies fort or garrifon, not taken. — It is that the enemy, who has poffeflion of thefe, has the command of the whole country, except the fole confined fpot where the ftronger army is pre- fent, can forbid and reftrain the inhabitants from furnifhing you with fuch afliftance as the country is otherwife capable of affording ; can, by fallies from thefe polls, cut off and intercept all your parties and convoys, all your intelligence -, can cut off all communication with your maga- zines, and your own pofts ; can perpetually ha- rafs and obftrudl your march, and return within cover, before any fuperior party, fent out from the main body, can reach them ; you are alfo always liable to furprize, even within your camp. A march from any poft where the Englilh can at prefent form any army, and collefl its (lores, ammunition, provifions, carriages, &c. through the country, as at this day above circumftanced, is. i ?' 'iL. 4: ( 30 ) is, literally and precifely in its effedl:, the fame thing as the march here defcribed. While the Indians, whofe chief art of war is that of forming ambufcades, who have acquired from practice and arc, a peculiar method of ie- cretly traverfing the woods and lying concealed in them } — while the Indians, whofe military fkill of fighting either fingle or in parties amidll thefe woods, renders the Htuation to them equivalent to fighting under cover jr-while the Indians thus trained, and incredibly expert in the arc, can at any time fally out from the holds, faflneflies, lurking places, and ambuflies, in which the country abounds, (and 4II which they know) nay, even from the cover of the woods, and drive in all your fm^H out parties, prevent fuch fo« raging as the country will afford, intercept and obftruft your convoys, cut off your communi- cation of intelligence, provifions and fuccours, and retire again within cover, out of danger of any purfuit, and continue thus coiiilantly to har* rafs and, perhaps, furprize your army : while they can do this, and (believe it) all this they can do and will do, your army is to all intents and purpofes, as to the war with the Indians, march- ing through a country of forts and fortress. Let any one here, compare this ftate of the cafe with the caufe and reafons of the failure of the feveral mi* licary expeditions on this continent, and its truth will be ftill more evinced. As then no general would think of making a campaign in any country, to reach which, he mull march through an enemy's fortified country, without ( 31 ) without fc Tie previous meafures to maintain his march ana fecure his retreat through fuch ; fo here (I repeat it) there are fome previous mea^ fures necejjafy. The frfi of thcfe meafures is, the fettling the police of our alliance with the [Kenundfcioni] or Five- nation confederacy, upon a permanent, folicl» and efifedtual bafis, fo as to reftore and re-e(tablifh our intereft with them. The fecond is, taking poflefllon of, and forti- fying a fyftem of advanced polls, entrepots, viz. magazines whereat to collect (lores and provi- fions, camps from whence (within a reafonable diftance and by a pradlicable way) to make our fortis. ^hirdlyt The fecuring the dominion of lake Ontario for the prefent, and laying a foundation for the like dominion on lakes Erie, Huron, and Michigan, Let now any one confider the above dating of the form of the country that the Englifh inha- bit, and in which the operations of our arms mud lie : Let him raife in his mind feriouOy, the precife idea of the native inhabitants who polTefs this country, and of the kind of operations by which we are, and fhall be attacked, and by which we may be able to defend ourfelvcs : Let any one, I fay, by a ferious attention to the above fa£ls, form to himfelf that idea, which an a6lual and praflical knowledge of the country would give him : Let him then be told a me- 4 lancholy m / 1] 1- 1 ( 3^ ) lancholy truth, that almoft all thofe Indians, whofe triendfhip and alliance were once our be(l and fecureft barrier, are now by the French de- bauched and alienated from us, nay even turned againft us, and become the fervile inftruments of the French robberies, mafTacres, and treacherous incroachments : Let then his eye be turned upon the (late of our back inhabitants, fettled in a vague, unconnefted, defencelefs manner, up to the mountains, to the very mouth of the dens of thefe favagcs. Any one attentively confider- ing the above fa6ls, will fee the Engli(h colonies in not only a weak defencelefs (late, but eicpofed to, and almoft at the mercy of a very powerful enemy : ConHdering this, and the above fadls, he would fee how fuperficial, wild, and falfe atl idea of the fervice that is, which would create a barrier by a line of forts ; a barrier that might as well pretend to cut off the bears, wolves, and foxes from coming within it, as the Indians -, a barrier that would have no more eflfeft than (a many fcarecrows, unlefs you could actually build another Chinefe wall, and fo another, dill ad- vancing your wall-fence, as you advanced your fettlements ; a barrier that would take more troops to man it, than the country inclofed within it would take people to cultivate it ; a line of 13 or 14 hundred miles, that is at lad no line at all i he would, I fay, fee this meafure not only impracticable, but inefFeftual : Nay, were it prac- ticable, and could it take efie il llll IMAGE EVALUATION TEST TARGET (MT-3) /. / iS .% ^«*% '>>^ ^v^ 1.0 I.I ■^ Uii |2.2 2.0 us lU u lAO i |l.25 III^Ui& ^ 6" ► ^ 'V Hiotographic Sdences CorporaiiGn "^^^^ 73 WIST MAIN STMIT WIBSTM.N.Y. USSO (71«) 872-4503 '^ ( 48 ) pofed by your memorial ift, in June 1754, to the commiflioners met at Albany ; which part of the general frontier i% according to that propofal, by ordtr from England, and at the expence of the crown, now carried into execution, complcats the whole of my idea of this frontier. ' Thefe matters being thus propofed, I do not at all enter into that point of their execution which is the duty of the military, as it is a mat- ter in which the judgment of a civil man may not have its weight, nor into the manner of removing the French from their encroachments j yet I can- not but in general obferve, that as the prcfent military objed of his Majefty*s fervice in this country, is either to eredt forts, or to demolifli thofe erected by the French on his Majefty's lands ; and as the way to all fuch lies through woods and wildemefles, there is a proper fphere of adtion peculiar to each, both for his Majefty's regular troops, and for the provincial troops of the counti y. The provincial forces of thefe coun- tries, as irregulars or light troops, can, the beft of any forces in the world, efcort his Majefty's troops through thefe woods, to where their proper fcene of adlion lies 5 they can alfo in the lame manner hand up all their convoys, and would, 1 am perfuadeci, (hould any occafion call for their fervice, a6t with bravery and fpirit: They are alfo fit for what may be properly called an expedition, feme excurfion a la brufque of ten or twenty days continuance : They fliould there- fpre be employed either as a covering army, or kept with the regular army, in companies of light infantry, for efcorts, fcouring and fcouting par- ties i C 49 ) ties ; while the regular troops, as a main body, inarching by thefe means without being HarraiTed, fudain them ; while his Majefty's troops alone are fit for the various duties and lervices of a con- tinued regular campaign, and for the fatigues and perfeverance, and (kill, necefTary in a fiege. I mufl: alfo obferve, fecondly, that this is not propofed as a fcheme to be executed all at once ; but, as a general plan of operations, to be pre* ferved and attended to in the whole ; to which every part of our meafures, as they Ihall arife into a&ion and come upon the field, are to be referred *, to which, in all feafons and at all occa- fions, as from time to time fuch (hall offer or ferve, our meafures muft be direfted ; and to which every individual, and every part, xnuft confpire and co operate to form a whole. I . \'i I.Eif |. if'!' M m SEC- ^/ ( iSo ) SECTION tl, Tll£l ideas of the fervice contained in the paper above, lead by fair confequence to the following propofition, that after the Engli^ liad been repeatedly difappointed in their attempts to penetrate the country, by the way of Crown- point and lake Champlain, and had loft Ofwego and the comnnand of the lake Ontario, confider- ing the reafon there was alfo to expeffc the de- feSion of the Indians in confequence of it, there remained no other alternative, but either to make peace, cr to change the ohjeSl of the war^ by making a direct attack, up the river St. Lawrence, upon Quebec itfelf, urged to a total reduction of Canada. The writer of thefe papers came over to England in the latter end of the year 1756, to propofe and ilate thefe meafures, nearly in the fame form as was afterwards repeated by the paper that fol- lows, particularly marking the necellity of two fleets, and two armies : One army deiiined for the attack ; the other under orders to inveft Ca- nada, by taking pod fomewhere between Albany and Montreal, fo as to cover the Englifh colo- nies : One fleet to efcort and convoy the army up the river St. Lawrence ; and the other to cover i&nd protefb the fea-line qf the colonies. The ob- jefb was adopted. Why nothing was done in the yiear 1757^ and why no ippre was done in the year I iloi we Fre con fcfli |- '!li ( 5^ ) yc*r 1758, than the taking of Lou ifbourg, will be explained on a future occaHon ; the ideas contained in the following paper lead to the reft. m. Y Hi;" ■y t a Ml Idea of the Service in AMERICA, for the Year 1759. Boston, December 5th, 1758. IF the point difputed between us and the French, be determinacely and precifely under- ftood, the manner of conducing it may be foon fixed: If we are ftill, as we were at the firft breaking out of the war, difputing about a boun- dary line, and for the pofTeiTion of fuch pods, communications and palTes, as may be a founda- lion to our poflelTions of a future dominion in America, we are ftill engaged in a petty fkir- inifhing war : from the f^ate of which it was always plain, and experience now proves it, that .we (hall ever be inferior, and beaten by the French ; for the French have long ago, by a continued fyftem of meafures, been taking pof- feflion of fuch pofts as hath given them that foundation : They have already eftablifhed that which we muft fight to eftabli(h, inch by inch. If we have changed the point, and brought it to its true ifilie, its natural crifis, whether we, as provinces of Great Britain, or Canada as the |)rovincc of France, (hall be fuperior in America ; then the fervice to be done, is a general invafton ID?] of ! I 1 ,fli| ;, It'' i t; ! tlJ- ii'-'il Mr 1 '^v 111 ' 1 if ( 52 ) ef Canada^ in conjun5fion with the European troops and fleet ; then is our natural ftrength employed, and we mull confequently be as naturally fupe- rior. This being fixed, the next point is, where the real attack mud be made : the fame reafons that ihow the necefllty of fuch a general attack, fhow that it will never effectually he carried on over land ; for, if it could, Canada might as effeftually be deftroyed, by the petty fkirmifhing war, for pods, pailes. Sec. as by a general invafion. But experience has now Ihown, what reafon might have feen fome time ago, that as the ftate of the fervice is circumftanced between us and the French, that cannot be*, the pofleffion which the enemy has of the polls of ftrength, the carrying places, palTes, water communications, and roads, by forts, redoubts, and their Indians, would render the paflage to Canada by land, the work of a campaign, even with fuccefs; but finally alfo, the fuccefs doubtful. The road to Quebec, up St. Lawrence river, we poffcfs by the fuperiorily of our marine navigation. There is neither dangernor difficulty, nor do I fee how there can be any oppoficion, to hinder the fleet getting up to the Ifle of Orleans ; and a fuperior army in poffeflion of that, may, by proper meafures, command the reft of the way to Quebec. If our army can once fet down before Quebec, it muft take it : If Quebec be taken, the capitulation may at leaft ftrip Canada of all the regulars, af- ter which the inhabitants might poftibly be in- duced to furrendcr. 6 If B ofS will yet cefTat other Jake oflfen five a gar my ( S3 ) If this attack be determined, the fleet of tran- fports will be efcorted up the river by the frigates, bombs, and other fmall veflels of war : But while our forces are all up the river y a very fir ong fquadron feems necejfary to cover the maritime parts of our own colonies, I am told, that many French veflels proceed early in Spring, to the bay of Gafpee, before the river St. Lawrence is navigable, and lie there till the river breaks up, then flip up without dan- ger, when for fome time it would be almoft im- poflible to crofs the gulf; for as foon as the ice breaks up in the river, it is prefently clear ; but the ice embayed in the gulf, fwims about for a long time, and renders the navigation of that gulf extreamly dangerous, long after the river may be navigated with fafety. If this faft be true, it feems neceflary, that two or three of the ftiips of war fliould proceed to Gafpee, before the river St. Lawrence breaks up, in order to prevent any fuccours being fent up the river in Spring. But although this attempt on Quebec, by way of St. Lawrence river, may be the only real, and will be the only eflfeifluAl attack on Canada ; yet one other, if not two falfe attacks will be ne- ceflfary, one by way of lake Champlain 5 the other by way of lake Ontario. That by way of lake Champlain may, as far as Crown-point, be offenfive, and fliould then change into a defen- five meafure, by taking ftrong pofl: there, with a garrifon which will effedually check the ene- my at that gate of the country, and from whence [D 3] con- i \H'i si ,. i (■'■ ( 54 ) continual fcouting parties, to harrafs the fcttlc- mcnts, and beat up the quarters of the enemy, fliould be fent down the lake. As there are now fo many regiments at Albany, Sckeneftady, fort Edward, and the pods on the river, the taking fort Carillon, at Tieonderoga, and of confequence fort St. Frederick, at Crown-point, might be cf- fedted with thefe, together with fuch provincials as fliall be thought necelTary, (if not in winter) yet, before the time for embarking for St. Law- rence river approaches: and this time appears the more proper, as it may poffibly be before the French can fufficiently relieve it. The reafon that makes me think that this fhould be attempt- ed is, that the poifefllon of this pod is an effec- tual inveding of Canada in that quarter : The reafon why 1 think no more fhould oe attempted is, that it would prove unfuccefsful, and that all the labour and expence that is employed in the attempt, is loft as foon as it is given over. As we have now fo good an entrepot towards lake Ontario, as the fort at the Oneida carry- ing place, it is now in our power to attempt act- ing on that lake *, the want of this rendered all attempts there before, abortive and unfupport- able. An appearance of an attack on Canada by that way, mull greatly alarm the enemy at Montreal ; and, though I do verily believe we fhall never fucceed to make an effedual irruption that way, until Quebec be taken, yet as whatever fhall be done on that lake towards fuch an attempt, viz taking pofl at fome part on the lake, and build- ing vcfTels, will have a collateral effeft ; even fup- pofing the firft to prove abortive, that will prove a mofV ( 55 ) moft cfltnttal point of fervice, namely, the gaining dominion of the navigation of the lake. So that Ihould nothing elfe be done, yet what is done, and whatts fpent, will not be thrown away ; but remain a chief corner- (lone in the foundation of the Britifh dominion in America :— Befides, if we remain* during the campaign, fuperior in the lake, the enemies communication with their fouthern pods is cut off, their conneftion with the Indians of the Five Nations interrupted •, and we may, in the courfe of chances, pofTibly take Niagara^ This amphibious kind of fervice feems adapted to the provincials, efpecially thofe of New York and Rhode Ifland, accuftomed to privateering and batteauing : but thefe fhould be fupported by good garrifons of regulars, in fuch pofts as may be found necelTary to be taken at the entrepot on the Oneida carrying place, and at the port it fhall be found necefTary to pofTefs on the lake. As to the number of regular troops neceflary for the attack on Quebec, I have not prefumed to fpeak, for I am no judge j but a number of provincials will certainly be neceffary, and thefe fuch as are ufed to the water, and marine navi- gation, for fuch will be of the mod eflential fer- vice in the paflage of the army from the lower end of the Ifle of Orleans to Quebec, where mod of the difficulty and danger will lie. Now for this fervice, none can be fo well adapted as the people of the pro- vince of MalTachufetts Bay, as they are all, in the fouthern parts, whalers and fifliermen. After the troops are landed near Quebec, numbers will be wanted, fuch as are ufed to carrying heavy lumber and timber, &c. through the woods. Now for this « fer- M ¥ t . '■n I It, v:- I i I '-. r. ■•'■ 1 : i ( 56 ) iervice, none can be (o well adapted as the inha- bitants of New Hamplhire, and the county of York, in the province of Maflachufetts Bay, who are fo pertedly accuftomed to the mailing fervice, that is, fetching the great mads down from the woods 5 befides, the people of Mafla- chufetts in the counties of Hamplhire, Worcef- ter and York, are the bed wood hunters in Ame- rica ; and would therefore, difpofed in proper out- pods, be the bed adapted to the keeping the camp before Quebec quiet from the enemies partizans and Indians, or perhaps in breaking up the enemies fettlements in the country, while the regulars were taking their towns. For this purpofe alio, I fhould think, if about a hundred thorough wood hunters, properly officered, could be ob- tained in the county of York, a fcout of fuch might make an attempt upon the fettlements by way of Chaudier river. Such a fcout, to the pur- pofes of alarming and keeping the enemy in abeyance there, or perhaps breaking up the fettlements, is practicable ; and, I think, with early notice, fuch a fcout may be obtained. Thefe are the fervices our people are fitted for ; and therefore, as far as relate to the people of the province his Majedy has committed to my care, I can be pofitive, that if his Majefl:y*s General would have a real and effeftual fervice from them, they mud be employed in fuch. Take thofe who live inlmd and carry them to fea, or thofe who have lived by the fea, and march them through the woods, they will be ufclefs and fickly. Employ each in their proper element ; let thofe who are naturally connected with Hudfon's river, an(^ II ( 57 ) and acquainted with inland navigation, be cm- ployed up in the back country, and lakes to the weftward ; and ihofe who border on the fea, and are ufed to marine navigation, be employed in the fervice that goes by Tea to the eaftward ; and then for every ten men on paper, there will be ten men's real fervice. I have in this paper confined my idea to the invafion of Canada, and the attacks on that country, and fo have faid nothing of that very neceffary fervice, the erc(5ting a fort at Penobfdot river, which on different occafions I have before repeatedly expreffed. I have confined my idea to Canada, and have therefore faid nothing of fort Du Quefne ; but if I had extended my idea to that part, I Ihould have endeavoured to confider how far, or not, it might be pradicable to break up the enemies fettlements on the Ohio, and the Illinois country, founded on this opinion of Mr. Vaudreuil himfelf, in his letter to his court, when governor of Louifiana, November 1748. '* It would be very eafy for *' the Englilh, by means of the river Ohio, to *' form an entrepot at Prudehomme, to ferve ** them as a retreat, having the nations of the *' Shawoanefe, Cherokees and Chickafaws on their back and to fupport them. From this entre- pot it would not be diflicult to penetrate to the Akanfaes, Panis, Ofagaes, Padouces, and ** Miffouris, and all the Ohio nations of that *' country, if the pofts and fettlements of the " Illinois were broken up, as they would cer- *! tainly be, did the Englilh fettle and fortify at hundred years to this time there has not been an American to whom in the genuine feelings of his heart, the intereft, welfare, and happinefs of Great Britain was not as dear as that of his own colony, having no other idea but that they were always one and the fame: I do not believe that the idea of Great Britain ever heretofore arofe in an American breaft without the idea of its being Home. If of late they have learned to call the Britifli produce and manufactures foreign and Britons foreigners, it is not from an American idea that they have learnt It, ic is from an idea that is foreign alfo. Next, as to the propofitions lately taken op and brought forward into queftion. Whether the fupreme legiHature of Great Britain fliould or (hould not agreeably to the adlual prefent flate of the Britiih conftitution, ex- ercife the power of laying taxes on the Colonies : And whether eonfiilent with the rights of Engliftimen and the fuppofed fpirit of the Englifli conftitution, the Colonifts can be taxed unlefs by their own refpedive legiflatures, or unlefs the Colonies have by their proper reprefenta- tives a fliare in the legiflature of Great Bri- tain. I will affirm, that the reafoning which ftates Hi I F f f 3 ] ftate§ thefe propofitions, as matters under q^uedion and doubt^ never did or could arife from the principles of an American politi- cian. The fundamental maxim of the laws of thofe countries is, firft, That the common law of England together with fuch ilatutes or adls of Parliaments (the ecclefi- aftical laws excepted) as were pafled before the Colonies had a legiflature of their own. Secondly, That their own laws together with fuch afts of Parliament as by a fpecial claufe are extended to America fince that time, are the laws of that country. The jurifdidion and power of every court efta- blifhed in that country ; the duty of every civil officer 5 the procefs of every tfanfad:ion in law and bufinefs there, is regulated on this principle. There is not a man of bufi- nefs in the Colonies that ever held an office who does not know this, and who hath not always adted on this principle : There never was a man that ever acquired a lead or in- tereft in the politics of thofe free countries, who did not defend this principle as the palladium of their liberty, that they were to be ruled and governed only by adts of Par- liament, together with their own laws not contrary to the laws of Great Britain : And as a friend to the Colonies I would venture Co add. That it is under this principle that every adt of Parliament paffcd fince the efta- [E 2] bUfhrnent Hi m I m ( 1, N, [ 4 1 blifliment of the Colonies, which refpeSfi the general police of the realm, and the rights and liberties of the ftibjeSl of the realm is, with- out the intervention of their own confent by their refpedtive legillaturcs or reprefentatives, confidered, and, I think I may venture to fay, adopted as part of the law and confti- tution of thofe countries. It is under this principle, without the intervention of their own confent, that they may beft and moft fafely claim all the rights and privileges of Engliflimen confirmed in the Bill of Rights. It is under this principle that I (hould hope, could an American ever have need to claim it, that they may befl claim thofe benefits and priviledges, which by the feventh of William the Third, are declared and pro- vided to the fubjedt in cafe of accufation of treafon ; even though thofe ads (land en- acted without the intervention of their con- fent, without being by any fpecial claufe ex- tended to America, otherwife than as ex- tending by power of thefupreme legiflature to tvery fubjeSi within the realm. Bat ihould the Colonifls doubt the power of the fupreme legiflature in thefe cafes, I believe it never was yet doubted in that country but that when an act of Parliament was by a fpecial claufe extended to America, it had its full force there, nor was ever yet any principle found out, by which to diftinguifh the is] tlie exercife of the power of Parliament la making laws which refpedted the property, the rights, liberties, and lives of the fubjedts there, from a power to make laws lor that country which fhould demand, by ways and means, as to that Parliament f^emed meet, aids by taxes towards the maintenance and fupport of government. I have heard and read many arguments advanced on this late occalion, and to give fair fcope to them I will examine the prin- ciple from which they muft all derive, and on which they muft all depend, namely, the right which every Englifliman hath to a fhare in the (commune concilium regni) Common-council of the realm, as fettled by Magna Charta. That we may not wander and be bewildered in general theories, it will be neceffary to fix on the adtual ftate of the Englifti conftitution as our pole ftar. How- ever juft in theory, and however proper in practice, where that can be done, an equal reprefentation of every individual Freeman in the Common-council may be ; and how- ever happy it is for the Colonies that they do adlually poflefs fuch within their refpec- tive ftates, yet it is not the fa6t in the En- gli(h conftitution. Freeholders, Burghers, and Citizens, according to their ancient rights, are alone the conftituents of repre- [E 3] fentativesj ^ % t- t 6 ] fentatives, are alone, according to thefe lats arguments, the perfons adually reprefentcd ^ and yet thefe are not one third of the people of England, one third of thofe Englifhmett in England who have the fame claim by birthright to all the rights and privileges of an Englidiman, which the Colonifts have or can claim, either under the general rights of the conftitution, or by the 13th Geo. II, as lately quoted by them. Article XIV. of Magna Charta declares, that no fcutage or aid (hall be impofcd, except by the Common- council of the realm. And I believe no one will deny, that the King, Lords, and Commons, in affembly met, ate that Common-council of the realm, whether that Common- council be or be not conftitutcd according to the theory lately iniided upon. The fame charter, after having declared and confirmed the cuftoms, right, and privileges of the city of London, declares in article XVJ, that all cities, boroughs, towns and ports, ihall have their cuftoms, rights, and privileges, & ad habendum commune cmcilium regni de auxilia djjidcndo. Which declaration (apart the fadl) piay be uuderftood two ways; either that they fhall be included within the declaration pf right contained in article XIV. of not having [ 7 ] having any aiTefTment made upon them but by the Common-council of the realm ; or, 2dly, that they alfo (hall have the right of being of the Common-council of the realm. The latter I (hould the rather take to be the truereafoning, and is, I believe the adual fa<5l. Let us fee then how this applies to the cafe in queflion. The Colonills, confirmed by the theory of the right and juftice of a ge- neral equal reprefentation in Common-coun- cil, do from this declaration of the charter fay, that they ought not to be taxed but by Common-council of the realm 5 and that any Comqion-council in which they do not lit by their reprefentatives, is not to them a Coa)p[)on-council (commune concilium) fo far as refpedls their rights and privileges, ad habendum commune concilium regni : That therefore they muft either retain, as by jcharter granted, the power of taxing them- felves, or be admitted to feflions in parlia- ment. This reafoning feems fo fair, let us, I fay, fee how it applies to fadl in the courfe of the Englifli hlftory j and firft, as it (lands explained even in Magna Charta it- felf. Upon the declaration and confirm atioti of thefe rights as above, in articles, XiV, XV, XVI. The charter proceeds to regu- late the manner of ifTuing the writs for cal- ling together this Common-council of the realm, namely, (article XVII) that the king [E4] will : r '^1; r^ n iii 4\ [ 8 ] "Will fummon archbi(hops, bifhops, abbots; earls, and great barons, that is to fay, the houfe of Lords, by fpecial letters, particu- larly direded to each lord in parliament. But as to the reft, who hold of the crown in capitCy (article XVII J) viz. the cities, bo- roughs, towns, ports, and perhaps alfo may be herein included the counties, or Icfler ba- rons : he fhail diredt his fherifFs or bailiffs to fummon and return them : thofe only who held in eapite, or by their antiquas libertates & liberas confuetudines had then the right, are fummoned to the Common-council, ac- cording to the fundamental principles of the feudal conflitution then exifting. However, through the various changes which the con- flitution of the government hath undergone fince that time to the revolution, that fpcr cies of reprefentation by Lords and Com- mons (though perhaps not at that time fit- ting in feparate houfes) confifling as above, of archbifhops, &c. in their ownperfonsj and of the reprefentative of cities, &c, re- turned by the fheriffs or bailiffs, hath been confirmed to be, with the King affembicd, the true and real Common-council of the realm. Thofe towns, corporations, counties, &c. which were not included according to their antiquas libertates & liberas conjitetudines in this commune concilium^ but have fince ac- ceded to the realm, or encreafed within the realn^ // f 9 1 realm to a degree of power and intereft, (d as to be equally concerned to have knights or buigciles in the high court of Parliament, of their own eledion, to reprefeht them equally as other inhabitants of the realm, have, according to whatever was the form of the conftitution at the time, been called to a fiiare in the Common-council of the realm, as were the Welch, the county pa- latine of Ciiefler, and the county palatine of Durham. But until fo called, they *' were liable to all rates, although they ** were not reprefented," as thofe rates were laid only per commune concilium regni. Ill i.iM i And it is under this juft principle and fair reafoning, that the duties which, by the laws of trade, are fettled and rated to be paid by the trade of thofe colonies, ever lince the year 1673, have never in any one inftance been refufed, or the principle by which they were laid upon the colony trade called in queftion. Nay, the tax laid on the northern colonies by the fugar a6t, was follicited and obtained by the intervention and defire of that part. of the Colonifts who inhabit the fugar iilands. Thefe a6ts have been evaded, but whenever the offender )ias been convicted, he hath fuffered the pe- nalties t 10 ] mlties fixed upon fucb ofTence by ^{t of P^irliament. I believe there never was an inHance in America that the tax laid by adl of Parlia-> naent on featnen's wages towards the fupr port of Grecnwich-Hofpital, was ever re*, fufed or difputed. I do not believe that there ever was an indance when this principle of the fupreme Legiilature's power to raife monies by taxes throughout the realm of Great-Britain, was ever called in quedion, either in the afTem- blies or in the courts of the Colonies ; nor did I ever hear of any book, treatife, or even News-paper effay, that ever, until this mo- ment, even moved it as a quedion of right. However general this claim of exemption from being taxed by a<5t of Parliament may have become of late ; however fuddenly this wild plant, forced by an artificial £re» may have fprung up and fpread itfelf, it is neither the natural produce nor growth of America. The Colonifts in their fober fen- fes know too well the neceffary powers of government 5 they have too well confidered the relation which they, as Colonifts, bear to the realm of Great-Britain : their true and real liberties and charter rights are dearer t " ] Nearer to (hem than that they fhould ha« z^d them by grafping after (hadows and phantoms. I will therefore abide by what I nave faid in every part of my work, that as they underhand thoroughly the necefTary powers of government on one hand, and as they are zealous for liberty on the other, fo were they by afFedion as well as principle, ever attached to the mother-country and to the government thereof. I fpeak of them as I knew them, nothing aggravating, no- thing e^ctenuating. But there is no anfwer« ing for the defedls of a delirium. I know nothing of the fpirit of thofe who have raifed and would diredi the ilorm in the prefent wild uproar in America, nor dp I believe that they themfelves know what fpi- rit they are of. Ignorant of the conftitution pf Great -Britain, and of their own heft liberty as derived from it, they have mifled the good people of America to difclaim the wifdom and temper of their true friends, to doubt the virtue and zeal of thofe good ci- tizens who have for fo many years by their fuperior abilities and real patriotifm had the charge and condud: of their interefls. Fran« tic, like madmen, they have fallen firfl up- on thofe who have been hitherto near and dearefl to them, and then giddy with the wild outrage they have begun, they have proceeded (I had alnooil faid to take up arms) againft ;L!| ,i m '! ! '1 [ " ] ftgainft the authority of that very conAItu- tion to which they owe the rights and privi- Icdges that they contend for. They are ignorant of the theory as well as the fad of the BritiQi conftitution, if they fuppofe that even the King by any Grant, Charter, or Patent whatfoever can exempt any perfon, family, or colony, within the realm and dominion of Great Britain, from being liable to be taxed by adl of Parliament. They are equally ignorant of the fame when they fay. That any Colonifls, or any perfon whatfoever, who has neither freehold in a county in Britain, nor tenure as a burgher of fome borough, nor freedom in the corpora- tion of fome city, has either on one hand a right to fend (fo far as his voice goes) a deputy to Parliament, or on the other hand a right to refufe any taxes laid on him and his property, as being laid without his con- fent, or the confent of his reprefentative, as not \2\d per commune concilium regni* All thofe perfons in Great Britain who living in counties have not freeholds, who living in boroughs are no burghers, who living in cities are not freemen of the corporation. All the poffeflbrs of property in the public funds, as fuch, fend not their deputies or re- prefentatives to Parliament, and yet are la^ed without their own confent as much .. -;*• . and t '3 ] and in the fame manner as the Colonics arc. Will any advocate for the new maxims fay. That the inhabitants of the county palatine of Durham were not liable to all payments, rates, and fubfidies granted by Parliarnc/it, equally with the inhabitants of other coun- ties, until by the 25th of Car. IL they were enabled to fend knights and burghc/Tcs to reprefent them in Parliament. No one who knows, as I faid, either the theory or the adtual ftate of the conftitution will venture to affirm this; and the very reafoning and cxprefs declaration in the preamble of that adt of Parliament fixes this principle, ^hat they were liable to all rates , &c, although they were not reprefented* The preamble having firft fixed the matter of right in fuch decla- ration, the fupreme legiflature, as the inha- bitants were concerned [not entitled] to have knights and burghefles in the High Court of Parliament of their own eledion, to repre- fent the condition of their country, equally as the inhabitants of other cities and boroughs, proceeds to en ad that they may have fuch. If this right had been a funda- mental infeparable right of the Britilh fub- jedt, the Parliament need not to have made an a<5t to eftablifli it, but would have declared it, and prayed the King that his Majefty's writ might be awarded by the Lord Chan- cellor or Lord Keeper of the Great Seal of - i England, •'. .;...,;■■, ,,^'* But the King was unmoveable, fb that <* in the end of the year 1567, the Duke *« of Alva arrived there with an army of ten *' thoufand of the beft Spanifti and Italian *' foldiers, under the command of the *^ choiceft officers, which the wars of Jf Charles V. or Philip II, had bred up in ^ ,; ■ ' [^4] ** Europe, «« << ii «c (C (C i( [ 24 1 Europe, which with two thoufand Ger^ mans the duchefs of Parma had raifed in the late tumults, and under the com- mand of fo old and renowned a general as the duke of Alva, made up a force which nothing in the Low Countries could look in the face with other eyes than of altoniihment, fuhmiflion, or dcr fpair/' <( «: €S U will be only matter of fpeculation, and be-» come mere ufelefs opprobrious theory* All official information given and tranfmitted by thole whofe duty it is to give it, will, as accident (hall decide, or as the connexions of parties (hall run, be received or not 5 nay, k may fo happen, that thofe officers who fhould duly report to government the (late of thefe matters, will, as they find them* felves confcientioufly or politically difpofed, dired: that information to thofe who are in, or to thofe wh'^ are out of adminiftration. Every leader o** every little flying fquadron will have his runner, his own proper chan* nel of information ; and will hold forth his own importance in public, by bringing his flan for American aflfairs before it. All true and regular knowledge of thefe affairs being difperfed, will be evaporated 5 every adminiftration, even Parliament itfelf, will be diftraded in its councils by a thoufand odds and ends of propofals, by a thoufand pieces and parcel? of plans, while thofe furely, * Vide Adminiftration, page 11—25. [ 31 ] furely, wha are fo deeply concerned as the Americans themfelves are, will not be ex- cluded from having their plan alfoj they will have their plan alfo, for however peace- ably they may fubmit to the diredtion of the powers of government, derived through a regular eftablifhed permanent mode of adminiftration, they will by any means that they can juftify, refufe to have their inte* refts diredted and difpofed of by every whim that every temporary empiric carl force into execution. If therefore we mean to govern the Colonies, W6 muft previoully form at home fome practical and efficient adminiftration for Colony affairs. Before the eredtion of the Board of Tradd as a particular office, the bulinefs of the Colonies was adminiftered with efficiency; the king himfelf in council adminiftered the government of his Colonies ; the ftate- officer, each in his proper department wzs no otherwife Minifter than as minifterially executing the orders which he received, or officially reporting from his refpedtive de- partment, the information which he had to lay before the king in council. Since the cftabliftiment of that office called the Board of Trade, the adminiftration of the Colo- nies has either lain dormant, or been over- laid J or, if taken up, become an occafiort z of Hn( f 3* 1 of jcaloufy and ftruggle for power between that Board and every (late officer who hath been deemed the Minifter for the time be« ing. From this jealoufy and this ftruggle, this Board hath been fuppofed to interfere at different times with every other office, while at one time it hath had the powers and held the port of a minifter's office, and at another hath become a mere committee, in- efficient as to execution, unattended to as reporting. The Colonies, and the officers of the Colonies, have one while been taught to look up to this Board as the Minifler for their affairs, and at another, have learned to hold it in that contempt which ineffici- ency gives J which contempt, however, hath not always flopped there. To prevent, on this critical occafion, all fuch appearances on one hand, from mif- leading thofe who are to be governed, and to put an end on the other, to all interfering amongft thofe who are to govern in this line of bufinefs — The Board of Trade fhould either be made what it never was intended to be, a Secretary of State's office for the Plantations, or be confined to what it really js, a committee of reference for examination and report, for ftatlng and preparing bufinefs, while the affairs of the Colonies are admi- niftred folely by the King in council, really * ' ' adling r t 33 J ailing as an efficient board for that purpofe. Some where there ought to be an efficiency, and in this fupreme board is the proper rcfi* dence of it. To place it here would be really and in fadt the eftabli(hing of an ad- miniftration for Colony affairs, and they would I9b adequately and efiedtually admini- flered. * '. , Matters being thus eflablifhed at home, fend out fome very confiderable perfon to Ame- rica, as Commander in Chief both of navy and army, *with a council under fuch inftruc- tions, and with fuch diredions as may and will re-eftabii(h the Britifh government in its American Colonies, over a free, loyal, and dutiful people. More than this, I do not at prefent think myfelf at liberty to publi(h, but certain it is, that the very appearance of fome fuch very confiderable perfon^ under fuch indrudlions, but for a feafon in that country, would compofe all diforders, and reftore peace and government. ^ ' Magno in populo cumfape corta eji ; Seditio ', favitque animis ignobile vulgus Jamque faces et faxa volant ^ Furor arma miniftrcS, T*um pietate gravem ac meritisfi forte virum Con/pexere, filent arredlifque aurtbus afiant Ille regit diSfis animos et peSlora mulcet, [G] This •t"^ [ 34 ] This meafure being taken as the only efFec-^. tlve and adequate plan^ which will reach and heal the malady without deftroying the pa- tient ; other temporary and feafonable mea-> fures may be taken under confideration in the mean time. ' , In order to this confideration, let us fee what are the feveral grievances complained of, as fufFered by the Colonies. They com- plain, I ft. That they are -taxed without having equally, as other freemen of England have, their (hare of reprefentation, which might in Parliament (late their condition, or give their confent ■&& to taxes, 2dly, That a fevere and ftridt execution of the laws of trade as they now (land, and as the trade of that country is circum- flanced, muft have an efFedt oppreffive and ruinous to the Colonies as a commercial people. 3dly, That a want both of lilver and paper money, as a medium or currency, which is a legal tender in the Colonies, cloggs even the necefTary bufinefs of the domeftic market, ftops all improvements and new fettlements in the country, obftrudls their commerce, and finally renders them incapable of making their returns of payment to Eng- land, t 35 1 knd, or the payments required by the Impoft and Stamp Duties. 4thly, That the Impoft and Stamp Du- ties diredted to be paid into the Receipt of the Exchequer, muft finally drain the Colo- nies of their money. 5thly, That the rate of the duties laid by the late Revenue Adt, as duties now to be collected (for before that time fome of them were meant rather as a prohibition than a duty) is higher than the trade of the Colo- nies can bear, or at lead is higher than is confident with the reafonable profits of that trade. 6thly, That gold and filver pafling cur- rent in the Colonies, according to a certain rate of exchange, namely at 133 and one third for a hundred (which rate is fixed by adt of Parliament confirming a proclamation iflued by Queen Anne.) Money, whether filver or paper, becomes at that rate of ex- change the lawful money of America : that It becomes therefore hard, inconvenient, and a matter of grievance to oblige them to pay the duties lard upon them in fterling, in filver which they have not, or in paper, while their paper money Ihall ceafe to be a legal tendure. • [G2] '- 7thly,That }■ I 5; [ 36 ] 7thly, That having, as every other Eng- glifhman hath, a right to be tried both m their property and in their perfons by their country, that is by a jury, they complain of the jurifdidlion of the court of Admi- ralty, but more efpecially of the extenfion of it in the Stamp Ad, to what they call in- ternal taxes. To the firft complaint, as far as my judg- ment informs me, the matters contained m the former part of this Appendix are an an- fwer. The point in queftion is of great de- licacy and of very high importance, it is what concerns the rights, privileges, and liberties of a great countiy, of a people, Englifhmen as well as ourfelves ; I would not therefore be thought to pronounce rafhly, or to give an air of decifion to my opinions : I beg it may be underflood that I fpeak them under every fenfe of, and regard for thefe important intercfts, not only as they concern the Americans, as they concern the the prefent age, but alfo under an idea of the relation they may bear to the future liberties of mankind. Upon the fubje6t of the fecond, I have already, in the Adminiftration of the Colo- nies *p declared my opinion, and have long * Vide page 18 1, ag# ;i^: HI- [ 37 ] ago given it officially. That a revifion of the laws of trade refpedting the Colonies is a meafure abfolutelynecefl'ary. That mea- fure (hould commence by an adtual view taken of the real courfe and (late of that trade : Upon this information, /hould be formed (ftrldly adhering to the principle of the A6t of Navigation) a fyftem of commercial law, which (hould not opprefs or pervert the Colony trade, but fo regulate and diredt its motions in coincidence with and in fubordination to the trade of the mother country, as to fecure the mofl efTential benefits of its effed to Great Britain, by drawing all the furplus profits which are derived from it, to center there finally. The difficulties mentioned under the third may be eafily remedied, as it is within the power of government to take fuch meafures as fhall fupply the Colonies with that mC'^ dium or currency *, the want of which is complained of, for firft, if that trade which introduces the Spanifh and Portuguefe bullion into the Colonies is not obilruded or reftrided further than the material and efTen- tial limitations of the Ad of Navigation re- quire. That trade will, as it hath ever hither- to done, fupply the Colonies with filver in part of their necefTary currency. * Vide Adminiftration, page 104, 106. f [G3] 2dly, As- t 38 1 2dly, As the a practicable for want of change, as will alfo all payments that do not coincide with the divifions and aliquot parts of fUch coins, ei- ther of gold or filver, as are ufually current there. If from a want of a paper cur- rency, and a confequent infufficiency of fil- ver, there really (hould be a want of fpc^ cie of any kind in which to pay thefe duties, the grievance would then really exift. But this is a confequence at which rather to be alarmed, than to*expedl ; for the aft does not require the payments to be made in ilerling money or filvcr, but only prefcribes that the payments required (hall be deemed and underflood to be fterling, according to the proportion and value of filver at fivQ fhiU lings and fixpence the ounce, and (hall be paid and received at a rate of exchange or currency, according to that value. The pro- viding therefore a paper currency, which by authority of Parliament (hall be a legal tender, removes all thefe difficulties, and re- / lieves all thefe grievances. s. <. • *.,i^'f««*,f :\ 4^ As , t* t 43 ] As to the matter of grievance complained of under the fcventh head as here ftated, it may be faid> firfl, that tryals in cafes of revenue and trade before courts of ad- miralty in the Plantations, is no novel mea- fure, and therefore not particularly to be complained of on the prefent occafion. If the necefllty of eftablifhing in the Planta- tions fuch a mode of profecution and trial for offences again ft any of the revenue ads did evtr juftify this meafure, (o tha^ it hath been fubmitted to for many years, the events confequent on the enading of the laws cre- ating the late impoft and ftamp duties, muH: thoroughly juftify it on the prefent occafion. For under the late opinions and principles adopted in the Colonies as to thele duties, where would the crown find a jury which would give a verdidt of convidion upon any profecution in this cafe*. If (while the laws of trade are meant to be carried into execution) any other mode of profecuting to convidion offences againft them can be devifed, I fhould hope that there is not a Briton throughout the realm who does not wifh to fee the tryal by juries invariably adhered to and infifted upon in all cafes whatever ; and that fuch never will be de- viated from, but where the necefilty is un- avoidable, ♦ Vide Admlniftrmion, p. 79. r 44 ] avoidable, and where that deviation is regu-" luted and authorifed by ad of Parliament only. That the jurors (hall be of the vici- nage is equally a principle of law $ but caj(es may happen wherein the jurors cannot be taken from the vicinage, as in the cafe of rebellions, and general oppofitions made to laws. On the other hand, truth and juf- tice muft declare how much it is to be wi(h- ^d, that all offences in the Colonies again fl the ads of trade, fhould be tried in fome of the courts of record there. He, therefore, who fhall devife the means of fecuring juf- tice to the crown in thefe cafes, where a predominant fpirit runs through the Colonies againfl the carrying of the ads into execu- tion, will do his country, will do the gene- ral caufe of liberty, a moft effential fervice. I am no lawyer, and can form no opinion whether there be or not in the courfe of our laws, in the proceedings of our courts, any procefs by profecution in the court of £x^ chequer; any remedy by attainting juries, by writ of error, or by appeal, by which fuch juflice may be efFedually fccured. Whether the ereding in America, by ad of Parlia- ment, courts of Exchequer for the exprefs purpofes of the crown's revenue would an- fwer this end, I will not even venture to form a guefs ; but furely it deferves the confidera- tion of the crown lawyers. And here I will not >•■, . t 4S 1 riot fufFef myfelf even to doubt bat that any remedy, which upon fuch confideration can be propofed as e^edtual to remove this grievance, will be unanimouily received and carried into execution. :- A difficulty of a very different and much more intricate nature arifes froni the flrange predicament into which the Colo- nifts have brought themfelves. The ftamp aft requires *, that the feveral parts of the Colonies and Plantations be fufficiently fur- ni(hed with vellum, parchment and paper, flamped or marked with the refpedtive du- ties. If the commiflioners for managing the (lamp iin; V had not taken care to fend fuch flan . .o the Colonies, or if being fent, thefe ilamps, one and all, had pe- riihed by the danger of the fea, the Colo- nies would not have been furni(hed with them, the Colonids would not have been in blame, and yet the adt could not have taken place. In fuch cafe fome remedy muft have been provided by Parliament. From the outrages and unjuflifiable con- duct of mobs and riots in the Colonies, the fame cafe exifls, and therefore apart all confiderations of the offenders and the of- fence, fome remedy becomes neceffary. It is faid, that fome of the Colonies taking up • this • s 14. \ >V' t 46 1, : this cafe as an exigency to be^provided againft> have framed to themfelves a remedy, by or* dering,ordaining or refolving that all buiinefs, all officers and offices in Aich refpedive Co-^ lony, ihall proceed as though no fuch adl as the ftamp adt exifted. However unjul^ tifiable and criminal the meafures which have brought on this flate of things, may be, whoever they may be who are to blame, are certainly queftions of the higheft im-* port J but the firft matter to be confidered is, what provifion is immediately neceflary for the adual (late in which the Colonies (land at prefent. Scarce any one ad in the procefs of law, or in the courfe of trade is legal and valid without the fandlion of flamps ; no deed can be received in evidence without that fandion, and yet the fad is (apart the confideration of the crime) that the Colonies have not ilamps. If they had not been fent, fo that the Colonies fhould be fupplied, or if they had been loil by the adl of Providence, and not a fre(h fupply fent, ibme provifion muft have been im- mediately applied to this ilate and condition in which the Colonies would have been, whatever had been the proceedings of go- vernment towards the criminal caufes of this flate: and in whatever light government may conHder the prefent caufes of this flate of the Colonies, and in whatever manner it I may [ 47 ] ^ - may be found wife and prudent to ad: tO" wards them, yet fome provifion, as in the fame cafe and of the fame nature, is im- mediately neccfSkry i /ome a^ of indemnity as to perfins and aSiions which may be in^ njolved in the difqualifying circumjlances confequent on the want of Jiamps. The commifiioners of {lamps fhould forthwith furni(h the Col'^nies with a conftant and re- peated fupply of Stamps, from time to time JTo long as the ad continues in force ; and fo long as it is the fenfe of government that no reafonable or juil ground can be fhown, why it (hould not continue in force of law. Some power, or other interpofition of govern- ment, is immediately and abfolutely neceffary to render practicable the diftribution of thofe Stamps, and the execution of the feveral offices eftablifhed by virtue of faid adt. And if after all is done, which government in the courfe of civil adminidration can do, without applying force, the refinance and op- pugnancy in the Colonies again (l government, will urge matters to the lad: queAion and to the laft extremity ; that quedion mud be taken up, which all wife and good people * pariter fufceptam negleSlamque timerent. Matters will be then brought to a criiis, the neceflity of which calls for a decifion, for a decifion which will admit of no palliation, • Livius, lib. 8. § 29. , ,„ no I^W" t 48 ] no (hifting off the danger, no middle W9ifi The power of fi;overnment muft either oe maintftined, vindicated and «3terted» or be given cip for ever. There cannot be a ^otibi» one > luld hope that the Colonifta themielves have )jot fo contemptuous an idea of govern^ menc, as to doubt that it will not exert iti power, fo long as any Law or ad of its own calls for that exertion. How this power is to be exert ed^ Is the great queftion at this important and decifive crifis. Whether it (hall be bell and moft efiedtual to the good of the whole, to exert the power of government bj modes of po- Uey^ or to put forth the force of govern- ment hj arms. Force of arms muft br^- yond all doubt fubdue the Colonies, and re- duce them to obedience, but it Will be ft forced, a temporary, and an unprofitable obedience, which will continue no longer than while the hand of force hangs upon its neck. On the other fide of this queftion, there may be found modes of policy which fhall govern the Colonies by communicatihg to them, according to precedents in our confti^ tution, thofe rights, privileges, and liberties^ which give, by an union of powers, an ac^ tual (hare in that government by which they are governed. Such an union of thcfe en^- creafing and beneficial parts of the domi- 5 . nions, c r I t n C is ad confulendum potejias ejfet, Vcftrum eft decernere quod optimum vobis reique *^* publicae fit." Upon this opinion, the Senate determined to examine in what predi- cament each town or people of Latlum ftood, and to all who had not forfeited every ground of favour, fo as to exclude themfelves even from pardon, the freedom, rights, and priT ileges of Rome were given Civitas data eft. Upon an event of the like nature in the cafe of the Privernates. ** Quum ipfa per ** fe res anceps eftet, prout cujufque in- " genium erat, atrocius mitiufve fiiadenti- ** bus ; turn incertiora omnia unus ex Pri- ** vernatibus legatis fecit, magis conditionis *' in qua natus eflet, quam prefentis necefli- " tatis ■•■r [ JI 1 ** tatis memor : qui interrogatus a quodam ** triftioris fententiae audlore, quam poenam ** meritos Privernates cenferet? eam^ inquit, ** quam me rent ur qui fe liber t ate dignoi " cenfent. Cujus cum feroci refponfo in- ** feftiores hdios vidcret conful eos qui ante <* Privernatium caufatn impugnabant j ut ** ipfe benigna interrogatione mitius rcfpon- ** fum eliceret, ^id Ji pcenam^ inquit^ ** remittimus vobis, qualem nos pacem *uo- ** bifcum habituros Jperemui ? Si bonam de^ " deritis, inquit, & Jidam & perpetuam: ** fi malam baud diuturnam, Tam verd ** minarif nee id ambigue, Privernatem, <' quidam, 5c illis vocibus ad rebellandum " incitari pacatos populos. Pars melior fc- '*« natus ad meliora refponfa trahere & di- ** cere, Viri & liberi vocem auditam, an credi '' pofTe ullum populum, auc hominem deni- ** que in ea conditione, cujus eum paeniteat, « diutius quam necefTe fit, manfurum ? Ibi " pacem efle fidam, ubi voluntarii pacati " Jint : neque eo loco^ ubi fervitutem ejfe ve" ** //'«/, fidem fperandam effe. In banc fen- '* tentiam maxime conful ipfe inclina-* ** vit animos, identidem ad principes fen- " tentiarum confulares uti exaudiri pof- ** fet a pluribus, dicendo, eos demum ** qui nihil praeterquam de libertate co- ** gitent, dignos efle qui Romani fiant. ** Itaque ( Ji I •* Itaque in fcnatu caufam obtinuere, •V & ex audtoritate Patrum latum ad Po- ** pulum eft Ut privernatibus ci- ** VITAS DARETUll, •>' ■ft *»'• 1^,1^ ' FINIS. -, » h > rri^r -. <2f ' IE f ■ fa • ■'* . ^ t f ■V ■f .*; ..'» ^v^.. f^;^H (•-•J.V ' '; . iiii^l u * ^ 4 '■^-m> -'& '' ^^'Kr'^^A I ?^l.- «* '1^ !> \ •■^•4.-