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Hi I/I A ..' a O'l G •■; a II 'i 'i o 8L:t/.Ri:kvV.^m" Page 12, Line laft fetut one, for rights, rcjad ;•! n^ k- 23' Ip^'^^ai^'^ii rii^ :: '\ ) 20, U. 22^ tor incorrcporated, r. incorpomtd ii3, L. S^Jp\A/ff^,»»'l «l «i •^! ■ 1 •k (It .« ^1 (> 1 My DEAR CoUNTRYMEM, H E N wc fee the cburitiy ^c *livt iflj "iidiefe agricvltuiie, ele- gant and btehcncml improvc- ■ nu^ «/;.. - nTentirpHUoTophy, and all the /')-,r'^n;;L^n.:rioriiber^I.^rtsr:^ fcicnces have Jbi(fen nourHlicd ismti fipenefl to. a degree of per- Vfedh'on, i^ftfeliilhi^ to m^k'ind.^ where wifdoni 'and fotmd {»61icy Jfia^^ eVch fuftained their due ai|thorrtyi^«ipt^Ke^licenttO]Likjm. awe, and f-c-n-^ dtred th^m fubftrv^ient to' ' their own, and the jniblic welfare ; and whei-e' frcedoin; peacfe;and t>rder, have iilways trium^K^ over thofe enemies v to huntarf hta^pinefs, opj)rcl!ion and liccntiouf- 'iWfs *, no#' governed bjr'thfcbirfaarian rqle of tkn^c folly, atid lawicitV aitibitfon r When we ■fie fVcedbni of fpeech fup^Jfed,' the liberty and - mtccj (fiPtliebttfe dcftJ^j^ thfc- Yoicc 0f truth '^ Alenccd J: A^5awlefl pofe^dtablifc through- "^ ''-"tet the 'cbl6riife$, forming fawS ibrtj^e govcrn- ^Iffeit'oF tfittr condtlft, depriving men of their ' Aaturit dghti;: and mfli6ti$g pchiltics iriote fc- I v^rethpanS^ath^ltfelfiupbnaaifpfe^^ i ^' edicts,' tdi^ich the confthutibnjl rnai^tfr3cy;^ia l-^Xomd plains by force, and in 'cjthiers^ftlihj^ly. If Submit i-^This property of ihc fobfeft^ ^rbitrari- [ ij; and Without 'h% xskxtK froth him, in pur- 1 fuance of thofe edicts :—Whco, under thpir in- fluence, Amfrita is aritiing in the caft and wefl:^ ii' "■■ " ■■ -• ' • -agauiift? vl «v :>' I f-\ '( i ) ■Jfgainft the parent ftate : — I fay, when we fee thfe /colonies, needlcfsly, and while tlie path to thdr fafety and happinefs is plain, nnd open before them 1 thus pulhing on with precipitation and madnefs, in the high road of fedition and re- bellion, which muft ultiniateljr tferfniriite in their . mifery and ruin : - It is the dqty of every man of thtf Icaft abilities, to try to reclfiim them from their folly, and favc them from 4cftni^ion, be- fore it be too late*— With this d€(\fy^ I am re- {byd to revi6y\r tlie moft important.contrtiverfy, that .ever, was. .agitated between a ftate and ks /members^ in . hope,, that my countrvnien, too . .^ng feduced froni their true intercft, by falfe "*tho*.fpccious arguments, will, at length, liilen ..1o reafoh and truth, and purfue thoiemtafures i,.0JiIy, which lead to their fafety and happinefs. In a controverfy of fo great moment, it is of ^ tfie firft importance to afcertain tlie liandard by •/ whicli it oOght to be decided. 1* his being un- Te^tledi the meriti can never be attained, nor any. JuA decifioii iormed. Hence it is, that we , Tim feen all tlip American writers on the flab- jef die ftate, and the territories became imnicdisttely fulled to its fupreme authority. No mio in his ibbpr fenfes will, I im^ine, affirm that Hmry 7. had in view the difcovery of a coijntry, into which his fucceffer* might give licenle'to the members of the ftate to emigrate, with in- B 2 teat ( 12 ) **, i. y tent to become independent of its authoritjr. Such a dcfigh is too abfurd to be fuppofed ever to have been admitted into a ly fytlcm of policy j much left that of a Prince fo juftly famed forhi* wifdoBi. Every coleny in America, as well thofe un- der charters, as Others, has been ietticd under the licence and authority of the great leal, affixed by the reprcfentative of the body politic of the Britifh ftate. The property of the territory of America being in the llate, and its members re- moving under its authority from one part of it to another, equally fjbje6t to its fupreme jurif- diftion; they of confcquence, brought over with them all theh* political rights and Mies^znd antongft the reft, that of pcrfcft obedience to its laws V — nor could they be left or changed by an. alteradoR of their local circumftancte. Indeed nothing can be' more explicitly eonfeflcd thaw this truth, in all the American declarations Of - their rights. I ftiall cite only thofe of the con- grefles which met at New- York in 1 765, and at Philadelphia in 1774. By the-firft wc are told» *' that 'his Majefifs fubjedts in thefe colonies an entitled to all the inbereni rights and liberties of his natural born fuhjedks within the kingdom ** ofGrcat-Britain.'*^ And in the fecond, "That our anceftors, who firft iettled thefe colonies, were, at the time of their emigration from the •* mother-country, entitled to aU the rights^ libera *• //>/ and immunitkis of tree and naturat born ** fqbjedts within the reakn of En^and.'* And •• that by fticb emigration they by no nfieanitfor- ** fcitcd, furrcndercd^ or loft iny of thofe rights.'* Thus evidently deducing their title ,to iSltctt r$ght» '.U . ... ■ StXtA «c «c ct <( ■: / ( '3 ) from the relation they bore, as members of the mother (late. Conicious that they could not de- duce them from any other fourcc but the Englifh government, as they no where elfe exift,'*they claim them under tk title and authority. But can tl^ wifeft among them inform us, by what law, or upoi what principle, they claim rights under the Britflh government, and ytt deny the i obligation of thole duties which fubjcf^s of that 'government owe to it ? The rights and duties of the members of all focieties are reciprocal. The one is the continuing confideration for the other. Either of them being deftroycd, without the con- " fcnt of the fubjefts to which both of them ad- here, the other ceafes. Therefore, Ihould aftatc . arbitrarily deprive its membersof their juftrights, and refufe to reftore rhem, after it has been re- peatedly, and refpedbfully required fp to do, then their duties and obedience to the ftate ceafe, but riot before : It being the defign of every fbciety, when formed,, that its cxiftence fhould be per- manent, not of a temporary duration. ■ Here we may perceive fome of thofe many in- confifbncies and abfurdities in which the ad- vocates of America have weakly involved her caiife. We fee them calling the fubjedts in America, *' fubjeds of his Majefty^'* in his poli- tical capacity, and as reprefentative of the Britifti ftate, bound in duty to execute its laws, in every pur/oi its dominions; and in the fame breath de- nying obedience to thofe laws. We fee them claiming " all the inherent rights and liberties **" of natural born fubjedls" of the ftate, and de- nying the force of thofe duties, which are fo in- feparably united with thofe " rights .and liber- « tics." %s- i I i'i « n m ( u ) «; •1 tics.^ We heir them declare that they have not *' forfeited, furrendcrcd, or loft" the rights " they enjoyed at the time of their cmicration;*' and yet they will not comply "with the duties upon the performance of which ihofe rights depend. Thus it fecms the American lub- jedts have neither " forfeited, furrendercd, nor loft," but ftill retain the rights they derive from the government of Great-Britain ; but the go- vernment has either forfeited, furrendercd; or loft its rights over Them. Indeed they have not toid us how^ or by what means, this forfeiture, furrender, or lofs of rights in the Britifh f^ate, has happened : This, I beLkrve, was a ta£k impolH- ble; and therefore carefully avoided. But what (hall we think of the fagacity and forefight of thefe able politicians, when we find that the right claino^d by parliament, and which they deny, may be eftabliihed with equal reafon and ibli^ dity, upon the fame principles and dedudions, on which they have rtftcd the claims of Ame- rica ? May not the advocates for the parliamen- ury authority aflert, " That at the time of the ** emigrarioB of our anccftors,'* the legiflative power had a conftitutional authority over thcrn^ and every other member of the ftatcj. that by fuch emigration, which was an a<5b of their own, as well as of the ftate, it neither '* forfeited, fur- •* rendered, nor loft" that authority ? And would not fuch a declaration be in reafon, truth, and on the principles of the Englilh conftitution, as well founded, as that upon which the defenders of American rights have endeavoured to eftabliih them B But it mauf be faid that America is fettled by others ( ^5 ) others, befidcs Britiih fubjcdts. Are They ali<» members of the (late, and fubjedl to its autho- rity ? They moft certainly are, Th' y have by their own ad become fubjefls, and owe obe- dience to its laws, as fully as any other members, as I have before ihcwn. But to confirm what I hare already advanced upon this head, I fhall ad4 the opmion of Mr. Lacke^ becaufe it has been often heretofore relied on by the American advocates, as worthy of credit. His words are, — " Whoever by inheritance^ punbafey permiJpoM^ ** or'otherwifty enjoys air^ part of the land annex- *' ed to, and under the government of a com- *''monivealth> muft take it with the condition ** it is under, that is of fubmitting to the go^ *' vcfrninent of the common wealth, under whofe *' jurifdidion it is, as/^r as 'Onj fuhjeStofit** If the preceding principles and arguments be well founded, as they appear to be, from the ufage, practice and policy of all focieties •, it follows, that whatever Britiih fubjeft, or foreigner, has, cither under the fan(5lion of the American char- ters, or othorwifc, become an occupant of the Englifh territories in the colonies, he is truly a member of the Britiih ftate, and fubje^ to the laws of its fupreme authority. I have thus far drawn my arguments chiefly from the policy of government in general, and of the Englilh conftitution in particular ; and, I hope, with fufficient evidence, to prove the jqft- nels and truth pf them : But as I mean fulfy to inveftigate, with the ftrifl^eft candour, the rights of both the parties, and place them in their true light J it is of importance to confider whether 'their condudt, for upwards of ^ (;;eptury, affords ■^^1 1*1 i »rirl ?!7GC 1~ \i^ -- t I m \ ( i6 ) evidence of a denial, or confirmation of the prin- ciples I have maintained. And here we mall find, that the prerogatives of this I'upreme re- prefentttive of the Itatc, ever fince the firlt fet- tlement of the colonies, have been uniformly ex- ercifed, and fubmitted to, in all the colofiies. All their political Executive powers have been de- rived from, and all their governments eftabliihed by, it. It is in this rcprtfentat^vc capacity that the King has granted all the chai ts, appointed the governors, cuftom-houlc officers, &:c. and granted autnoricy to the governors to commiflio- nate the inferior officers of juftice, as well judi- cial as minifterial. From this fource only all his legal powers, in rei'pcft to the colonies, can be drawn ; there being nu other capacity veiled in him, from whence he couhd derive them. So that every officer in America, appointed by him, ©r under his authority, is truly the mfcrior and fubordinate delegate of the King, Lords and Commons ; receiving his authoritv from the fu- preme executive reprefentativc of the Britifh ft ate ; all their powers being originally derived from, and limited by, its conftitution and laws. Upon the fame principle, the fupreme Icgifla- tnre,nas, upon many occafions, and at a variety of times, htld forth and exercifed its authority over the colonies •, and they have yielded obe- dience to all the Britilh fbatutes, in which they have been named ; as well thofe impodng taxes on them, as thofe for regulating their internal police. The learned judges in England, and the judges and other officers concerned in the adminiilration of juftice in America, in confor- mity to this idea, of their being the inferior de- legates r ■ / \ \ J- ■n • \ ( I^ ) l(*gatcs of the Brilifh date, and of its authorit^r over the colonics, have ever made thofe laws of parliament, where by words they have been ex- tended to them, the teft of their dccifions, in all American difputes, without doubt or hefi- tation, until the year 1765, when oXir unhappy controverfy commenced. All the officers of government, every member dfaflcmbly, every foreigner before his natura- lization,, had always taken the oaths of allegiance, under the diredions of the ftatutes, -chat have been made tor that purpofe. The words of the oath are the fame with that adminiftred to the fubje^t in Britain, on the like occ^afions v and con- fcquently muft be of the fame import, and carry with them the fame obligatibns in every refpcd:. Both in Britain anrd America the oaths are taken to the King, not in his private, but politic ca- pacity $ they are taken to him as reprefentati^e of the whole ftate, whofc duty it is co fdperin- tend the adminiftration of juftice, and to fee that a faithful obedience is paid to the laWs. Thefe oaths are no ntore than rencwab of the original covenant, upon which all governments are form- ed : For in tht conftitution of all focieties two covenants are eflential j one on the part of the ftate, thut it will ever confult and promote the public good and fafcty -, and the other on the ^art of the fubjed, thftt he will bear fidelity and true allegiance to thtfovereign^crfupreme authori' ty. " This laft covenant,*' fays the jtidicious Bur- liamaqui, " includes a fobmiffionof the ftret^ib *' and will of each Mividual to thte wiU and " bead of the fociety, as far as thje public good '* req^ures ^ and thus it is that a regular fiate^ . . c ** and 11 i< \l •■-><... J a VJ7!9B9mn r ( »8 ) " ?in(\ pei'fe£i government is formed." And the words of Mr. Locke are equally appofitc, *• The " oaths of allegiance arc taken to the King, it is *♦ not to him as fupremc Icgiflator, but as Ju^ *' prem'e executor of the law, made by a joint •• power of /&/« and others-, ailegiance being no- " thing but obedience according to law, which, '• when he violates, he has no right to ohedience, ** nor can claim it otherwifc than in hj^ public " per/on, veiled with the power of the Uevb^^ Aad in another place he fays, " That all obedience ** which by the mod folemn ties any one can be " obliged to pay, ultimately terminates in thefu- *' preme power of the legijkture, and is directed *• by thofc laws which it enafts." This being th^ nature of the oath of allegiance, and of the ^obligations it enforces, no man of any under- ftanding will call for further proof. That all the officers of government in America, who have t^kcn thefe oaths, and thofc who have fubmittcd t^ their adminiftration, while they were execut- ing the Britiffi ftatwces, confidered themfp^ve? as Aibjefts of the ftatCj owing obedience to its Ic- giflative authority. ' In every government, protection and alle-. gianCe, or obedienccyarc reciprocal duties. They are fo infeparably united that one cannot cxilt without the other* Protedion from the ftate demands, and entitles it to receive, obedience and fubmiflion to its laws from thcfubjcCl:: And obedience to the will of the ftate, communicated in its laws, entitles the fubjed to its protedtion. A jiift fenfeof this truth has governed the con- duct of the ftate towards the colonies, and that <)f the colonies towards the ftate, tvcrfmcc their fcttlcrticnt. > I \ «■■■ / » V ^ \ ■ > f I I . ( iq ) i- cution th/.5)' abdi- cated part tf his authority^ and by admitting i-ji'o heads in the conllitution, hath r^er td l^y'«ither internal or external tiip%^ And a^. length has de<^lared, that it can neither l^y^ ittMft^niil nor cJctcrhd taxes, nor regu- late the ihtifial police of ^e <6lonies. And yet iitih. hks been tfie intipHcit (K^fidenc^-^fuch the ihfatuaibk;le't6 tliinlc, that ^he arguments before oiftrcd, to ex^ofe the prc- Hent unhaWi)]^ mcifdres bf* tfic cofomcs, would be ifafficicnt for that purptife; But !$Qyfever that may be, iis 1 am convinced they leajdipihc ruin of my toQnu'y, 1 thiii|^ it my duty to t^He a rnorc parritdlar view of them.' The clairps made h^ the laft cohgrcfs, and upon whlch^ it lodns, . «H America now refts, are, " That %h<^ colonies /^ , , ■** are entitled to ajree andext^Uve righ^^ firfew^ 7w '^^^ ^' tr of'ie^tjfdtioftff^\ittc thqi* ^^riaht of re^ 4^iaa-.^ "•* ration can alone be 'pre|crW3^ /» ^fT '^es (^ Ji^^.tv^cui **' tascath/n and intmial fotfiyy^eJS onfy t$tbe ^' &i/^Uu. - ^* gaiiin of their SovereipSy Injkcb manner as tss ^T^ "^ •♦ $een kerefifon ujed and amfiomdT Naiiptirdi tatt ronve^ a more perfeA claim • ' )i m |!' ■' taja canjhaye np„i-)iore «gth9);ity jbyM i^fg^^tpan tUlf^AtilMierS. of "Paris tiand,thV)C^t pf th^. rcrolye, .19 , a>V c^ftpsf .^hatfpi^yer, /^'i wc *f jc;bnfef|t ;'J iutto^what ^qthey.cipnlcut ?^(^^ to . **^ % 91^? W5 o^^^^ npt tOvthfq r^t of .itiak- Wfr *v/H^.f 3^^(;?|iPJiag^i)t li \ig%!' !^of jTucK as mall be hereafter, for they are, no D2 doubtj 4?.^ It ( 2t y d'Oiibt, CO receive the fandion, of this wife anck learn^ed body, before they arc valid, '' bona Bde- ^ retrained, cb the rtgulation of <^our cxter- " rial coimnerce,, for tht ^\jt^o(^ 6f ficuring the- *' commmcreiaL advantuef of ititwbole^ (i. e. ** cf our commie) to tnc moiker camfijy andi *'- llie commcfc^ial benefits of its rijpiSliiO0' mem- *• htri^*" Here \i niore art and fincflc, than aa honeft mind would wifk to, find ih the eoQduft of any men,^ much kfs in thofe of chira^r. le Is cafy to perdeiTe from the import of thefc words, that ihould the BHtilh parfiament be. obliged to aecept of their conc^onsy thcyVoncede; nothing; Th^ hive taken efpeciai care, that what they have confcnted to in one bircath^ fhould be'bkfbed by the iicxft.. For there is no law of trade, that I know of, nor can fuch a. la^ be formed^ as fliall y^rwr^ //^commercial ad- vantages #/"»// /jfe? external j^merican commerce to, th^ mother country, which i^ a part of the realm diftjn^ fronfr the cplohies, and yet '* fccure t^^ ** the ^tlortiw,'*' » members, thpir, commercial^ lien^e. f^ would not have been any great de* i^ation from the public duty of thcfc genticnrien^ ^ad they dei^ kfs inmyfteries, and explaifted^ ^^htr kiw& they were, which anfwcred thofc ex- l^lkint purpofirs. Surely they could not meai> thdi^'ftstotes^ wl^h enumerate America^ com,- iitekikibti and^ compel' us tio land them in BrV tairf^ before they can be exported to foreign mar;- ieti^V nor thoft; which oblige us to p^rchafe th<^i>. AiioiullAures, and forbid us to g^ thei;(i fro(^ ^thcf countries. — Thefe are fo fkr trom ** fetijf* ^ k^g^ rhtA they greatly dimtnifii the copnmer- ^^^fl^^ th^Gok^ic;s 5i a»^^ I knaw of ^o^ m ppo"" . 9ckfr ^ha!t •* fecuw" the advmtagct af «h» ^orximcrcc, " to the mother country." — ^But fup- ipofe there >re fuch lawi^ who arc to point them out in :he yoUim^s o£ th« ftatmes I Whqi I' '^ try whether a.Ww anfwers this^dcfcriptian I h the V^kiflature of Great- Britain to 4o this I No. Who tl«n?— Why,, the affcmblici.— But the allemblies are di&nited> and may diffei: as they Eiffi«^e4onc, even in matters which concerned their efljentiajl ii^fcty^ fnd fhcre is. no coniXitutional union, df ^lai;ing the Yoiees ofa^majerity, bind* ing on tlL— -Why thcn^fijoce it can be. no other- Ways, the point muil. be decerinined by an ille- gal, motley congrtlA^ ^me {t% q£ them to be. appointed by th^ ^i&mbiies^ if the^s can be fo Ipft to, their own,, and the t;rue intereft of their " revenue in America/*^ All thi lai^s pf trade, from whence the kaft aidl arife^tOithe crown for the protedkionof its dominions, are imralid, J6t want of this ^' confent,** and tat> be aboliihicd:* But thoie which amount to an abfolutse pt;olubi'* tion„ are agreed to. The ftatute impofing a £ni^| du^on foreign fugars and molt^>OR their i^h ^ortation,, and therein enabling the Qolpnifts ^ eftabliijb; new manufa^ures, and opea new^ purees of f(veigR trade, fiuiU not beobeyeci^ ^ ^^ tl^e ^airliament pftead %?to^ paffdm .' I I 1 I u ] f ■( I i ; H ^|o ') '\ i)^.t.;<4 • coinmeW, u'nd^rYortertiiHr V S5t(rcl-irid'c'iii'i)> • \tM(im%ii/'et^ct NvftlT.'tftt atipf 6l?itiffi'Wdf 'iSh- ^iit *';dJicrJitioiis:'"'' ' f s^ t rrot fffirtge^^'tfiat^yfren ■ 'tfity ij^erc' abo'vit tp' br/f^f6f^- this rutWbiis prjti- -'Wplir;-tTrcf robld'ttnt petcCiVt; tHaf er^*y .gft^ter '^pow.frr RteWrdc's kiviffjr Wfetfor, tclatiW -^bwet ; '■andih'd:'fhfe'p6Wc^tV_rf6i\it)it a parrrcitilar trade "^ W (ionCllidri^'f rehtaH(§ npbn^'th'fs 'ftrnfik '^-^tnericin bill of riijlitsftHJf pillar fef'AnietfcSn • tiBett?^si*^ It fce'ms /initflicitly '^gttk^'i *'that )yd\\ %-^tonfeiTt (yf;A^eHca,^Vbbth iiitpal 'and eitrfhiil'taxits ftiay fee Ikid 'by Parli'inSehYj^ But '!S]efiia>e not Infofriied Us in^liitcdiirti- • tutlonil, €r legarmbjp, this cbnffent (s fo -be ob- tained, or glyert'. Thtiy muft haVc^ they knew any tKif^^^tWil there w ffpne vUitd yet fo far werd'they^'fiibrti' meariikg t6^ ptb^ofc ' ahv, tFjae tfrey 'pt^r^dj^itj ' airqc^vfo/a'^i^k of Weir, dwn titer the ohl^'cfonfl:it'i^fl6narpl4n ' whidh was" dfFe'red:f6rdTattitiVp^ '^VJ/r/V- -^ffforii '*dr Aitautes,. aftet;1t: Ky^'Beb"^ df- atej^;' a'nd rcfefetl to WrtJia-'confi&eiiat.lqn'^^ i^';^bod' people of Aitierfdaih6)]i(i'/fec;k^^^^ hiye of ff^ xfepnvTng 'ffi/ftiehiWi* Vvho ^^ ;|lfd it, oF!thia lecnrity, agaihftmitreprerehtaYio'ii. *ftfcn he #as ip. jitftid^ entitled to^ an'4 XMi^ify ^efctlfflg^r^^hhe^ Tnertr^ntftift ed With ' the Str&l ' «>|)oMm«nt' ' "of tfeir ' cHn fHtiiehts^-r^^hcy; j ; 1 COOK Al (( ^, )) uf>jpa, |?ct.wccrvt.<5Fc/^i;3rit#i»r^od; tj^ ja:V uA^icWoious i>f its in^bilijy to> defend .UrcLf* 'i}hey ; h^€ '. Qkcft^, cvcryj jtcryej to pwyaij . "j t^ b*? carried inte execution ;hy,'forci, that in? . fyqh Qfei.^Z^y/«wnVa ought to fupport the in* habittpts of th« MaiTachufets B^LyviftMr^p'', psjition" / Who is t» fiipcrintend ' the ttxcct)-' tJQn of phc Ja?y&, againft: which tlvsiofjpofitioa isiadyifed.?; /Thi? is the duty ofihis.Mj^ofliy/.asi reppef^ntativc of the ftatCf who is, authorif<;d to dp. it, by firft;CAlling i)n the aid of the iciH^ .powr-^ cru Anci-ifvihat>is;not fxiffidient, the military ?l J'i^ev^flcjittal ifjripciples of govei^rftn^nixjuiiiif^ ii; 7 S^afoh : ifor yourlirfvcsv . my djearroccBuiitry>» n^flft, j(>oki-in4jo: all theJtrcatifcs.on .thc'>h ovet your inralnable rights and liberties^ Under thia tyranny, edids 'have ^en made -and piblldi^ td ; and fo fscred are tliey te be held, that noite ia to (ire&ime to 4niddle ^ith^ or determine any •dtfput^ tfriftng on them, but the crcattires * of tihisillegal power, l^he fevereft of «H pen^dties aro ordained for a difobedienec: to theirn, ^iTaices have been impofed on your property, and that property arbitrarily «a;kcft from yoha •, the libe^rtv «f the^f>refs, and even ^the liberty of 4peecl! ia dc^royed. The unthinking, ignorant multi- tude, in the eaft and weft, are arming ttg^i^t^ the qiother ikate, iand the-authority of ^vernJ ment, is filenced by the din of Mrar.— ^Wh*t think yoa, O my countrymen, "what thkk ybti will be your^^ndirion, when you ^fhaJl fee ^h^ "^ defi|jBS'Of thefe men ^carried a4iti?Ve farther into 0Kecucio9i?-^CompaQies of 4itmed, UiSat undi/cU pHned mm, headed ^by men un^ihctpkd, tra^ ^vcllmg over your eftj|tcs, entering your houfcs—^ vout eaftld5«^nd facred repontories of fafety fof mk jfou hoM 48ar and vakiabl^-^imit^g ffffiit propcrQ^ \ \ ■ ^ I ( 33 ) property, and carrying iiavock and dcvaftatiqit wncrcvcr they head — ravifliing your, wives, and: daughters, and afterwards plunging the dagger, into their tender bolbms, while you are oblig^, to ftaiid the fpccchleis, the helpld's fpedators. Tell me, oh I tell me — Whether your hearts ai^c. fo obdurate as to be prepared for fuch fhocking^r fcenes of confufion and death. And yet, believe » nie, this is a real and not an exaggerated pifturei of that difti^fsi into which the fchemes of thofe\, men, who have affunied the charaders of your guardians, and dare to ftile themfclres his M<7-. jefty*s tnoft loyal JubjeSSy will inevitably plunge * Jrou, unlcfs you oppole them with all the forti- tude which reasfon and virtue can infpire. I have thus thought it my duty, in a cafe of fiich infinite importance to my country, to giv;e thj full weight to the arguments in favour of the right of parliament, and againft thofe rafh and violent meafures which are haftcning the ruin of America. I do not know, that I have cxag- . gerated any. I mean, with the mod benevolent ^'. attachment to her true intereft, to lay the trutli, the whole truth, and nothing But the truch, be- fore my country, that Ihe may impartially con- fider it, and give it that weight which reafon and her own prel?rvation (hall didatc j — but hither- to I have only performed a part of my engage^ ment. The rights of America remain to be conr fldered and eltablifhed. A tafk which the un- * dertaker muft perform with ineffable plealure, as he is pleading a caufe founded oyi the immut- al^le principles of reafon and jufticc — the caule^j^ of his country, and the latefl pofterity. He i« ■ endeavouring to reflore ^q unio^ ,b,ctwcen 'W? 4 • » u great # / ,:£■ w ( 34 ) ^at countries, ^vhofe intcrcft and welfare are infcparablc i and to recover thole rights upon the enjoyment whereot the happinefs of millions dfcpcnd^. That Amerif a has fights, and rtioft important rights, which (he docs not at prtfent enjoy, I know •, and that they are as tirmly eibablifhed, as thofe of the padianiciVt, may be eafily proved ; but what thofe rights arc— whence derived — \iow the cxer< ifc of tlum has been loft — and what is the only poffiblc and fafc mode of re- cbverinff them, arc qucftions, a candid folution of which will throw full light upon tliis unhap- py controvcrfy. After what has been faid r€rpe(fling the rights of parliament, and the duties of the Britifh ftate, it cannot be difficult to determine from whence the rights of America are derived.. They can bfc traced to no other fountain, but that wherein they were originally cftablifhcd. This was ih the conilitution of the Britifh ftate. Protect ioa from all manner of unjuft violence, is the greatob- jedt which men have ih view, when they furrcndcr up their nitural rights, and enter into fociety. I have faid brfore^ that the right to this protcc- tiipn,; and the duties of allegiance were rccipro- cai. Ey pfoteiStion I do not mcnn jrottdion from foreign powers only -, but alio agarnft the private ihjuftice of individuals, the arbitrary and lawlefs power of the ftate, and of every fub- ordinatc authority. Such being the right, unlets the government be fo formed, as to afford the fubjedt a fecurity in the enjoyment of it, the right itfclf v^rould be of little eftimation. The tenure would be p^ri^c'arious,, arid its c^ftenGc of a ^ort; duratiou. '....■f. ,■.',•.„:>. ^ duration. In proportion to the (lability of chtf fcciirity, all govcrnn\cnts arc more or Icls free, and the fubjed happy under them. Much tlierc^ fore depends on the particular form, or conft|^ tution of the fpciety. In a monarchy, where t\\t [ fuprcmc po>ver is lodged in a fingk perfon, without any check or controul, the tenure is precarious ^ .becaufc it depends on the difcrction and intcgr-tV of the Monarch. But in a frpc government ients, as well as from the plan of govcrn- iTicnc, ufed in England from time immemoriai AH hiftorians agrtc that the prefent form of go- ^vejrnment was fettled in Britain, by our ancicftof?, tlie Angio-faxons^ and fo' Hr as we have ftny icnowledge of their 'goyernnicnt, in their own (Country, we know that th^ proprietors of the %}idfi gave their perional attendance in the lepj- Native council^ andjhared the pGwercf making th:ir ~ " After their conqueft 6f Britaih, all tbdfi laws. }o whom the landwM a^:>porcioned, held a right to afhil in the Saxon parliaments. And by the fceudallaw every L^idbolder^ mletin'the feudal courts, and ^ave his aflent, or diifent, to the laws there propofed. *' Sucli continued to be the form of the Britifh jg;pverxi merit,, until the dilTolution of the hep- Jarchv, and union of the feven kingdoms, when, we iTiould not have thought it ft range, had thi? principle been deftroyed', or grratly impaired, in the convulfions which effcderi fo great a revo- lution. But, oil the contrary, although the num- bers of people, ^nd their remoten-efs from the place of convcrition, were greatly encrcafed by the urrion which rendered a perfonal exercife of the legiflative power impradlicable ; yet in order to preferve in the go;'ernmeht, this important pfi;iciple, upon which ftll their rights and free- dom depended,' they adopted the policy of veft- ihg the landed intereft in each ty thing and bo- rough, wi' ' a; right ^o ^^^d reirefentativcs to ♦heir Wittena-Gemot, or Parliam-fit. Nor could the rage of conqueft, and all tht power of arms, aboliih tliis firft -principle of Eng- ■vV ■WnMKi r ^ 'V ( 37 ) Jilh liberty and fafety. William the fir(V, at the timt he conquered Britain, found it confident with his intcreft and fccurity-, to prefcrve it in- violate : And when he thought it neceilhry to leficn the exorbitant power of the Saxon Kurli,', which endangered his fafety, by difmembcring the baronies trom the covlnties, the Barons were y^ftcd with a right to reprefent their baronifes, in the great national council. This was all the change which that great man ventured to make in the conilitmion •, a change which made no ef fential difference, as to its freedom. ' For'ascVe- ry fpot of land was before the conqueft within ' fome tything, fo under this alteration every pare of it was mctuded, in fome ba:x)ny or borbUgfi, and all of them were reprcfcnted in the legi da- tive power, by the Barons, or BMrgwflcs. j^ Upon this folid foundation coritiniied the f^- doqi qf tlie Engiifh government, during the reigns of William Rvifus, and Henry the firil. |h the civil w?ir between Stephen and Maud and Henry the fecond, each parry finding" the power ancf influence of the Barons over their vaflkls tOt> great, divided tlic conquered baronies into frpal- ler tenancies in chiefs and rewarded their friends with them. By this meafure, and the like poli- cy, whiph was afterwards puilued by King John, tenants in capite, or the kfllr Barons, were fo multiplied, that 3 very unequal reprcfentalion of the landed intereil arofe. They held an equal .{hare in the legiflature, with the greater Barons ; and being more numerous, and their ifiterefb in many reipedts different, they over-ruled, and of- ten deprived the greater uobility of their rii^hts. This grievance grew intolerable j and therefore, * * - ' when '4 .' ■; ;-v> ■• ■■. B^ .1 ; ill .1 ..( ( 33 > ivjicn King John found himfclf obliged to do juftlcc to th? nati(^n, and rcllore the antient principle of the conftitutipn, two fcvcral claufcs wtrc inrerred in Magna Charta : By the firil *'' tlic Archbifliops, Abbots, Earls and great Ba- " rons of the realtri," >ivcre to be *' iummoncid 3* ftnghji'^ by the King's writs ; and by the fc- cpnd, " all others who hc!^ in chief," viz. t|>c lefler Barons, or tenants iji capitc, were to be ** fumrnoncd in general.** *By thjs daufe the kflcr barons were feparated from the greater, iWdi loft' the" r hereditary ri^ht of repreCenting tbcir land?^«^^, or in perfon; but being fium- ' jnoncd to parliament ^' in general," they hcid l^hc right or ekding fome of their body tp ri^- pre^ntthem in the houfcof commons ; and of participating the fupremc legiUdtive authority. by their delegates, who were thence forwarc} , ffjled Knight$ o^ the Ihire. . TJju$ this right to proteflion fmm the Hate^ ilood fccurcd in every alteration of the conititu- fiori, by preferving to the landholders a Ihare m the authority of the fupremc head, who were tp regulate that protection, and every other rpatt^r ftjfceptibi? of human diredllon, until the reign of Heory VI. when our anceftors, conce.iviAg that it could not be rendered too [cure, nor founded o:«i a bafe too broad, they obtained, by aft of parliament, a right in every freeholder of forty millings per annum, to vote for knights of the fhire. In confirmation of this right, I {hall only add that King John, in the greut charter I have be- fore mentioned, granted for the rcftoratior^ of the rights of the fubjcft, engages " not to im- *- / :; MP I 'i ^1 ( 3^ ) I <( pofc any taxes without rumman?ng the arct *' bifhops, the b'ifliops, the. abbots, the earls, " the greater barons, and the tenants in capiteT* And by the 17th ot* Edward III. another char- ter, granted on the like occafion, it is exprefsly declared, that " whatever concerns the efiate of the *' reahn^ and the people^ fhall be treated of in par- " liament by the King, with the eonfent of the " prelates, earls, barons, and commonalty of the « realm.'* : It v/ould be endlefs to trace this truth through all the pages of the hiftory of the Englifti go- vernment. I have offered proofs fufficient to dc- monftrate tfcat the Lords and Commons, who hold lb large a (hare of the legiQitive authority, derive [their right from^ and reprefcnt the lands with- in the realm. I fhall therefore only add, before I leave this point. That this power of Icgiflation iQ the people, derived from the Ihare they held in the lands, was originally, and yet is, of the ef^ fence of the Englilh government •, and ever was, and ftill continues t6 be, the only check upoft the encroiichments of power, the great fecurity againft oppreiTion, and the main fupport of the freedom and liberty of the Englilh fubjedls. And iv'' excellence confifts in affording, to every part 'ji,^s|5^of tho realm, an opportunity of reprelent- ': ig, by their delegates, at all times, their true circumftances, their wants, their nccculties, and their danger, to the fupreme authority of the na- tion, without a knowledge of which it is impof- fible to form juft or adequate laws •, and when rcprefented, to confult, advile and decide upon fuch provifions, as are propofcd for their relie:^ «5r fkfety ; giving their negative to fuch as are ' mifchicvo^s :. /I;. t \ irr 1/ II m ::\ !i I ( 40. ) mifchicvous ,©c improper, and their ^fTertt tb thofc which remove the inifchiel\j or afford a re-. medy. Here we have a perfed idea of civil li-» bcrty^ and free governmeia', fuch as is enjoyed by the fubjedl in Great-Britain: Biitwhat arc the circumftanccs of the Ameri- can Britifh fubjcdls ? Is there a parf or fpot of the lands in America^ or are the owners or propricT tors thereof in right of fuch lands^ reprefented in the BritFfli parliament •, or do they in any other manner partake of the iupreme power of the ft ate ? In this fit nation of the colonies, is not the Britilh government a& abfolute and dcfpotic over them, as any Monar ^ whatever, who fingly holds the legiflativc aiu* ' y ? Arc not the per- Ibns, lives and eftates of tlic fubjcds in America at the difpofal of an abfolute power, without the leaft fecurity for the enjoyment of their rights ? Moft certain it is, that this is a fituation which people accuftomcd to liberty cannot fit eafy un- der. From the preceeding renaarks it partly ap- pears in what manner the American fubjedls have loft the enjoyment of ^this ineftimable right, though not the right itfelf, viz. by their emigra- tion to a part of the teriitory of the ft ate, for which the conftitution had not provided a re- prefcntation. America not being knov/n or thought of when the conftitution was formed, no fuch provifion was then made. But the right to a fliare in the fupreme authority was confined to the territory at that time, intended to be governed^ by it. And at the time our anceftors left the mother country, it feems none was eftablilhed. I^iow this happened is not material to my fub- < li •> * /■ ( >rl ) - . .jcct — tlicy came over, perhnp$, wlthoilt tnink--" ing of the importance of the right ; — or their poverty, which rendered the obtaining of it in- •any form impracticable^ prevented their claim of it. However, it is certain that it was pallbd over irt filence, as well by the llate^ as the people who emigrated 5 but has been neither forfeited, liirrcnderedj nor loft. And therefore it ought to be reftored to them, in fuch manner as their cir- tumftances will admit of, whenever it Ihall be decently and refpedfuUy aflced for. Juftice to the Amei:cansi and found policy, in refped to both countries, manifeftly require it. The emigrants enjeyed in Britain the perfedt: Vights of Englifh fubjedsw They left their na- tive country with the confent of the ftate, to en- creafe her commerce, to add to her wealth, and extend her dominions-. All this they have ef-. feded with infinite labour and expencc, and- through innumerable difficulties and dangers.- In the infant-ttate of tlieir focieties, they \wcffe incapable of exercifmg this right of participat- ing the legiflative authority in any nriode. The power of parliament was juftifiable from necef- iity at that time over them ; they ftood in as much need of its protection, as children in art infant-ftate require the aid and protection of a parent, to fave them from a foreign enemy, as well as fromthofe injuries which might arifcfrofet their own indifcretions. But now thty are ar- rived ?t a degree of opulence, and ciVcumftAnccS fo refpeftable, as not only to be capable of eri* joying this right, but from neceffity, and fof the fecurity of both countries to rcqurre it. ,^,'v ■u 1 1 U 'I'' LI i ii '( 4» ) The iubjcft? of a free ftatc, in every part ot its dominions ought, in good policy, to enjoy tfac fame fundamental rights and privileges. E- very diftinftion between them muft be offenfivc and odious, and cannot fail to create uneafinefs and jcalouries, which will ever weaken the go- vernment, and frequently terminate in infurrec* tions-, which, in every Ibciety, ought to be parti- cularly guarded again Ih If the British ftatc tl"vcrefore means to retain the colonies in a due obedience on her government, it will be wifdom in her to reftore to her American fubje<5ts, the enjoyment of the right of aflcnting to, and dif- fenting frora^ fuch bills as (hall be propofed to tcgulase their condud. Laws thus made will ever be obeyed ; becaufe by their aflent, they be- come their own afts. — It will place them in the lame condition with their brethren in Britain, and remove all caufe of complaint; >r, if they fhauld cortceive any regulations i. conve- nient, or «njuft, they will petition, not rebel. Without this iriscafy to perceive that the union tnd harffKMiy, which is peculiarly eflcntial to a ^ee fociety, whofe memoers are refident in re- gions fo very remote from each other, cannot k>ng fubfift. The genius, temper, and circmnftances of the Americans Ihould be alfo duly attended to. No people in the world have higher notions of liber- ty. It would be impofllble ever to eradicate them i (hould an attempt ib unjuft be ever made : Their late fpirit and conduit fully prove this af- fertion, and will ferve as a clue to tnat policy by ^hich they ought to be governed. The diftance of AoKvicA from Britain, her vaft extent of ter- ritory I' s > ( 43 ) ritory, her numerous ports and convcniencics of commerce, her various produdlions, her incrcai- ing numbers, and conlequently her growing flrength and power, when duly confidcred-— aU point out the policy of uniting the two countries together, upon principles of Englilh liberty. Should this be omitted, the colonies will infal- libly throw off their connexion with the mother country. — Their diftance will encourage the at- tempt, their difcontent will give them Iplrit, and their numbers wealth and power, at fome future day, will enable them to effcft it. If it be the intercft of the mother country, to be united with the colonies, it is (till more Th«ir intereft that the union fliould take place. Their future fafety and happinefs depend on it. A little attention to their circumftances will prove it. Each colony, in the pre lent conllitution, is capable, by its own internal legiQature, to regu- late its own internal police, within its particular circle of territory. But here it is confined ', thus far, and no farther, can its authority extend, — one cannot travel into the bounds of the other, and there make, or execute, its regulations. They are, therefore, in refpedt to each other, fo many perfedt and independent focietics ; deftitu tc of any political connedtion, or fupreme autho- rity, to compel them to aft in concert for the common fafety. They are different in their forms of government, — produ6lions of foil, and views of commerce. — They have different religions, tempers, and private intercfts. — They, of courfe, entertain high prejudices againff, andjealoufies of, each other ; all which muft from the nature 5iud reafon of things always; confpirc ta create F z fueh \\ ^: \ 11. .( . I ill. .-! :'i ; 1^: ;:.i- ' m ( 44 ) fuch a dlvcrfity of intercfts, inclinations, judge- riK-nts, and amdud, that it will ever be impof- lible for theiT> to unite in any general meaJure. whatever, cither to avoid any general mifchief, . Of to pr'Tnoio any genei gil good. A retrofpedit to i.ic .''^nJiioi: ot th^ colonies, during the lad . V , \vj fliew that this alllrtion is founded m fatal experience. It was owing to this dilunited ftate of the colonies, and their conducing dieir policy upon thcfe principles, that a fniall num- ber of French fubje^s in Canada, adling on the reverfe, "s^x^re enabled to coacert their plans with fuch fuperior wifdom, and to exert fuch a fu- perior degree of firength, as to endanger the j'afcty of all North America, which contained upwards of twortiilUcjis of people, and obliged them to implore the' alFiftance of the Britilh go- vernment. 'In the application to the mother . country for protection, this ia ' fully acknowled- ged. '*' It now evidei^tly appears,** fiy the council and affembly ftf the Maflachufets Bay, " That the French are advanced in the execu- • *' tton of zi plan^' prcjc^ed more than fifty years , *' fmce^ for extending their pofilffions from the *' mouth of the MifTilTippi on 'the fouth, to ,Hudfot»'s Bay on tlie north, for fecu ring the vafl body of Indians in that inland country, and' for' fubje6ilng this ixjbole ccntincra to the cro-wn ofFtamce.^'' * ■ And from what caufe did i: happen that the Englifli colonies, ' poiiefied of an hundred fold 'more wealth, and twenty times the number of peojile, could not cpi sole, with fuccefs, the force -^.wdL khenies of a ioff ? The ... • ... ..,...-• -^ ■ ^- ■ . • {^xxit " * MefTage from the Coundl and Houfe cT Reprefcnta- livpsef the Mafla-chufetsBay, in 1754. ;«( t< (( .C< V / /\ s ) I ( 45 ) fat>K gentlemen tell us, The French hive but qne interejl^ and keep but one point in view : I'lic Lhglijh ^overrmenti L/ue different inttrcjis^ are di/- united : fome of them have their frontiers covered by their neighbours. \ and not being immediately affctfed feem unconcerned.''* The commiflioners from the "ievcral c(;lonies at Albany, afTign the fame cauf:. •' The c(7lonies," they inform the crown» being " in a divided, difunited (late, there has never ** been any joint exertion of their fcrce^ or councils^ *' to repel or defeat tire meafurcs of the French-/* and " parH^uhr colonics are unable and uniJciU ** ling to mj^intain ths caufe of t]>c whole." ^' Thar it lecms abfcluteh neceff'ry^ that Ipeedy *' and effecflual meafurcs be v^\f.ciic»f contrary, (hould wk by any ^ inii'aculous event fuccccd in this rriad defign, wt- mud foon cither become a prey to a foreign pow- er «, our laws, our manners and cu(toms, ouf rights both civil and religious, and our ineftim- ablc religion itfelf, will be changed /or the ar- bitrary cuftoms, the fiavery ami bloody fu^xrfU - tion of Rome : Or fliould we by any unforefcen accident, efcape this declarable ficuation, an-, otlter awaits us, almofl: as fhocking and dillref- fing. Ambition and ; /arice will foon furnilh the fewcl, and blow up the flame of civil difcord ^ among ourfelves. Some of thefe calamities mull: ineviLably be the blefled confequcnccs of this unnatural fcheme. It will nov/be afked, what then is to be done? Mud wc fubmit to parliamentary regulations^ when we arc not represented in that body ? My aniwer is — I'hat I iim a friend to true liberty. I cfl:elan of union between the two counrries, whiclt would have rcftored to the coloriifts the fu'l en- joymenc of their rights. I ha/e often converfed with him on the fubjed, and well underftand his principles, and what pafTed on the occafjon. He wait<*d with pati'jnce to lee whether any rational fchcmc of union would be adopted by the con- grefs, — determined to unite with them in any meafure which might tend to a reconciliation be- tween the two countries ; but hs waited in vain : And when he found them bewildered, perpetually changing their ground, iiking up principles one day, and fhifting them tiie next, he thought ic his duty, however little the profped of fuccefs, to fpeak his fentiments with iirmnefs, and to en- deavour to fhow them the true line of their duty. After proving the necefTity of a fupreme autho- rity over every member ot the Hate, tracing the rights ot the colonies to their origin, and fixing them on the moft folid principles j and thence fliewing the necclfity of an union with the mo- ther flate, for the recovery of them ; he intro- duced the plan with the relolve which precedes it. But before he delivered it to be read, he de- clared, that he was fenfible it was not perfed; that knowing the fundamental principles of eve- ry fyllem mud be firft fettled, he had, to avoid ' perplexity, contented hmifelf with only lay- ing down the great out-lines of the union; and lliould they be approved of, that he had fe- veral pr^^pofitions of leffer confequence to make, in order to render the fyftem more complete. The plan read, and warmly feconded by fevcral gf'Ulemen of the firil abilities, after a long de- DAtc, was fo far approved as to be thought 02 worthy I 1 . j^-i-JI*H. ' ■f I I" « li *■) ( ( (-■'. {I- C 5^ ' )) worthy of further confidcration, and referred un. dcr a rule for that purpofc, by a majority of the colonies. Under this promifing alpcdt of things, and an cxp'-dtation that the rule would have been regarded, or at leaft that Ibmethmg rational would take place to reconcile our un- happy differences, tiie member propofing it was weakly led to fign the non- importation agreement, although he had unit'oimly oppofed it ; but in this he was diiappomted. — Thet nacafures of independence and fedition^ were foon after pi eferred to thoie of harmony and liberty ; and no arguments, however rcafonable and juil, could* prevail on a majority of the coloixies to delert ttiem. The refolve, plan, and rule referring them to further confideration, fo inconfiftent with '.he meafurcs now rcfoiv^ed on, were ex- punged from the minutes ; with what view let America determine : And while the enemies to the gentleman \^ho propoftd them, arc abiiling. hinvfor offering and publishing to the world the moll infaftious falfhood, in reprefenting it as niinifterial, and Tent over to him by Lord N — h \ they have copies of it in their pockets, induf- tmouQy concealing it from the world. With what view can this be, but that their malevo- lent Mperfions may take the greater effeft? In jaftice therefore to the charafter of this gentle-* - man, and thxt America may fee and judge forf itibifj tliey z$% here offered to its confidcration^ \if < 1' m\ ionnii KfSOLV^^I I '' ;• I \ ( 53 ) I *'' Resolved, That the Cong»efs will apply to hib Majefty for a redreft of grievances undtr which his faithful fubjeds in America labour ; and aflure him, that the Colonies hold in abhorrence the idea of being conHdered independent communities on tJie Britifli government, and moil ardcnely delire the tilab- lilhment of a Political jUnion, not only among thcmi'elves, but with the Mother State, upon thqfe principles of fafety and freedom which are efTential in the conftitution of all free governments, and particularly that of the Britiih Le- giflature ; and as the Colonies from their local circum- ilances, cannot be reprefented in the Piirliament of Great- Britain, they will humbly propofe to his Majefty and his two lioufes of Parliament, the foUwoing plan, under which the ilrength of the whole Empi'-e may be drawn together on any emergency, the intereft of both countries advanced, and the rights and libe:rties of America iecured. A Plan of a propofed Union between Great- Britain and the Colonies. THAT a Briti/h and American legiflature, for regu- , laiing the adminillr?.tion of the general aitairs of America, be propofed and eftablifhed in America, ir.clud- >ng ail the faid colonies^ within, and under » bich p-overn- jnent, eich colony Ihall retain its prefcnt co;iititu;ion, md powers of regulating and governing it ,vn internal police, in all cafes whatever. That thcfaid government beadminifteied by n Prefident General, to be appointed by the King and a gi.i^ d Coun- cil, to be chofen by the Rcprefentatives of the pe :ple of the feveral colonics, in their refpeilive Affemblies, one* in every three years. That the feveral Aflpmblies Ihall choofe members for the grand Coi?ncil in t.\e following proportions, viz. New-Ham'^(hire, Maflachi.ifctts-Bay, Rhode-IUand, Connedicut, New- York, l^ew Jerfey, Fennfyivania, Delaware Counties, Maryland, Virginia, North-Carolina, South- Carolina, and Georgia. |1 ^ ^\ Who V. , V. MM m \ i:: 111 \' W I , ( 54 ) Who (hall meet at the city of for the fiift timf, being called by the Prefidcnt-General, as foon as conveniently may be afcer his appointment. That there lliall be a new eleftion of members for the Grand Council every three years; and on the death, remo- val or refigtiaiion of any member, his place Ihail be fup- plicd by a new choice, at the next fitting of Alfembly of Ute Colony he reprelentcd. That t]\e Grand Council (hall meet once In every year, if they fliall think it ncce.Tiry, and oftner, if o they Khali adjourn to, at the lail preceding meeting, or as they Ihall be called to meet at, by the Prtfident-Gcneral, on any emergency. That the grand Council fliall have power to choofe their Speaker, and fliall hold and exercife all the like rights, li- berties and privilejjes, as are held and cxercifed by and in the Houfe of Commons of Great-Britain. That tliePrelidrnt-Gcneral fliall bold his Office during the pleafure of the King, and his aflent fliall be requifite to all ads of the Grand Council, and it fliall be his office and duty to caufc them to be carried into execution. 'I hat the Prefident General, by and with the ad^i'ice and coiiicnt of the Grand-Council, hold and exercilie all the le- giil 1 ive rights, powers, and authoritiefi,,necefl'ary for regn- lating and :/ininiflring all the [general police and affairs fcf the colonies, in which Great-Britain and the colonies, or any of diem, the colonies in general, or more than one co- lony, are in any manner concerned, as well civil and cri- minal as commercial. That the faid PrefiJent-Gencral and Grand Council, be an inferior and dillinil branch of the i ritifli legiflature, united and incorporated with it, for the aforefaid general parpofes ; and that any of the laid general regulatibns may originate and be formed and digefted, eitlic in the Parlia- ment of Great-Brit.ain, or in the faid Grand Council, and being prepared, tranfmitted to the other for ihcir approba- tion or dJlfent ; and that the afi'ent of both fliall b« requi- site to the vali Uty of all fuch general a£ls or ftatutes. That ill time of war, all bilU for granting aids to the rown, prepired by the Grand Council, and approved by I Prefident General, fliall be valid and paflisd into a law, :liout the affent - -f . ^■4 -■^.... ^m^mmw r • i\ \ I) ?!■ ( 55 ) I fhall not affirm that this plan is formed iipoa the moft perfe6l principle of policy and government •, but as it is an univcrfally prevail- ing opinion, that the C(jlonies cannot be repre- fented in parliament : I know of none other which comes fo near to them ; and it is moft evi- dent, upon a due conlSvieration of it, that the rights of America would have been fully rtftor- ed, and her freedom effeflually fecured by it. For under it, no law can be binding on Ameri- ca, to which the people, by their reprefentatives, have not previouQy given their confent : This is the eflence of liberty, and what more would her people defire ? The author of this plan feems to have form- ed it on a comprehenfive view, of the regula- tions neceffary to the intercft and fafety of tl^e colonies. Thefe he has divided into two claffes: the firft^contain all fuch as the colony Icgifla- tures have a right to make, under the feveral conftitmions, and to which they are adequate ; thefe to remain under their decifions ; it being declared in the phn, that " each colony fhall ** retain its prefent coiiftitution and powers of *' regulating and governing its own internal po- *' lice in all cafes whatever.** The c'.hei^s, which are to be the objedls of the deliberations and de- cifions of the grand council, relate to the gene- ral interefts and fecurity of the colonics, and arc abfolutely neccflary for thofe purpofes 5 fuch laws for granting aids to tlie crown, and levy- ing taxes in jult and realonable proportions in the colonies — for regulating a general paper curren- cy, and the • .lue of foreign coins, which ©if ill all good policy, to be eftabliHicd on fundi equal!/ V?' tf* .i iil mm mmmm ■'■ Vi .vi;. K ; i I Is ' i I equally folid, and afcertained at the fame value: Laws for regulating and quartering troops, which may be necefiary for their general pro- te61:Ion -, for fettling difputcs between the colo- nies, refpefting their boundaries — with a variety of other matccrs that muft naturally arifc from die jarring interefts of thJt colonies, which will continually encreafe with the encreale of their wtalth and commerce. And as to ihofe, it muft be owned, that the colony legiflatures are not adequate -, but that they mult be made either by the parliament, or by Ibme new cllablilhment for thofe purpofes. The authority of the firft v/as objected to -, j?nd as to the fecond, or any other fyttem of union, it being incompatible with the fcheme oi independence, it was not thought worthy of attention. Objcdions were indeed made to this plan, which it may not be improper here to mention. It was laid, " that the delegates did not come " with authority to confent to a political union *' between the two countries." To which many arguments were oppofed, to fhow that they had fuch authority or none; and concluded with de- firing, that if that was, in the opinion of themem- bers, the cafe, yet that the congrefs ought in juftice to their country to digcft and form one, and recommend it to their refpe6live aflem- blies-, by whom it would be prefented with more conftitutional propriety than by any other bo- dy of men. It was further faid, " that themem- " bers of the grand council would be corrupted, " and betray the intereft of the colonics." To (^ was anlwered — That if American virtue Vas &^ firm enougn tQ ijjaintaiu American li- berty. W f >-' :!K-^L1^-^1^CT; V -. *^ c / whatQv«h I bwt Iul>pt)fe tiK'pti^lqtQi>?::in ikt^Y f ape ar:ft*te)^yeti al dw jclfiSi^ivd^' liio^niibajibcrs V/4S1I0 be tvrtjtimttlv «^dy; migliiiciiangii!; tjfiejji^jovjify giyncfrA^jm^'tteriicni of jencir^cy*^ Rttjeflary x6 btftbc 1 lit , iievf itbtmbjcJra, wpMld- bo,im>j gr<3Jii; to-jto f^pe Ajf ; Iii3«r;ty,^¥g*!9E even .ia' .tbc ntcjs^i;y. iwe ,iif-:«p«fti'ieH. Tte thenc is ©0 pirapofiDiorii : atoi?t JHft^iXl^tti . tha^ 0y«ry cplori jr, , aa a i^en^bdr ,of U'hq ftat^, puaht tb Jbci (ibiiged tO! cotoLCfrbiitd.ttwfaifiid tKfe ileleficc of the wihokv i^.ptopQrport to: the pra*- perty aad wealth w^tch wlr ^colipi&y yo&kfks.. Tbajc this waprinwy cpniKtetatioairi: every Ibciety ; and : tlm rw* one eolQR)6 bailv 4 ccwftitw* tiqnal powel" to obtain the amoMntiaoi^ yaiUaadf il^ property ©£ fcbe iOchcr^v b^ which: toirfcer* tain iti^.propK^tion; , Nocwas t^(^r^)any" aotjio* rity whatever^, fave the/ Britiftt Parliaineiii:, jtq compel r«fr! colonies: tp: . da t-Iictt-i WA\b]i» aWe/duty, in thiftiorany other gcnenai me^-ure^ arid' th at this: plan yrai Vb lir.j ^om • dk iij - ^ " ' - .theirights of, ajiy cofloriy kgiflatii^tr^ tepd^d then) V (3iy.giiingito.each: aw ;fiuiJ:;n: ft 2 m"' ( >' 'V* n I V I ( 58 ) tU>fiy to decide tipotv regulations '^hich ithtf to the general police of all rhe colonies. Such watthe plan laid before the congrefs^ the objedlions againft, and the argunKnts in fa- vour of it. They are here laid before the pub- lic, to Enable them to judge for themielves, whe- ther, as a reprefentation in parliament, is generally fuppoied to be impracticable, any thing more con^ fiiccnc with their fafety could have been adopted. Had this unhappy eon troverfy been of the firft imprefTion in the l£ngliifb government, I fhould iK)t be furprifed to find the advocates of Ame- rica fo much at a lofs for principles upon which to> aik for, and obtain her rights* 1 confefs I know not whether to attribute their ftrange con- duct to a total ignorance of the merits, or to a defign from the beginning to throw ofi^ all po- litical connections wUh the Britifh government. However this may bs, precedents are not wanti ing upon wtikh to rea^hn, and to form a remedy. The principality of Wales, the Bifhoprick of Durham, and the PUlatinate of Cheiler, laboured under the like grievances v being bound by the laws of parliament for many years, without hold- ing a ihare in the fupreme authority. Great dif- content arofe frqrxi the (lavtAi didindtion between the fubfedts of the fame ftate. The oppreiTcd thought it their duty, as n\embers of the ftate, to petition the parliament for a ihare in their authority. And fuchi was fhe equity and juf- ttce of their claims, that they became thereupon Tcfted with this important privilege. When JII. conquered Calais, and'fettled it with ^merchants, with intent to extend his and cncreafe the commerce of the nation i ( 59 3 natbn ( it was held fo incompatible with En* glifh liberty^ that the authority, of parliament mould extend to members who did not partake of it, that they were incorporated with the Eng- }iih government, and ihared in its legiilature. What then is to be done ? Is it tgN(» Jljite to nv pover from. our madnefs, and toj^lfrtKihe dic- tates of reafon and duty } By ni^ ^Mffm/ But it is high titTie we had changed )Q|ij»*imafures, and retreated from the dangers wiifh which we fire threatened. Let us, like men who love order and government, boldly oppofe the illegal edicts ^ the eongrefs, before it is too late, — pull down the licentious tyranny thty have cftablilhcd, and diffolvc their interior comniittees, — their inftru- ments to trample on the facredlaws of your coun- try, and your invaluable rights. This don.?, and peace and order rcftored within your levcral pro- vinces ; apply to your aflcmblies, who are your conftitutional guardians, andean alone procure, a redrefs of your grievances. Entreat them in a refpedbful and dutiful manner, to petition his Maiefty and his two ho^fes of parliament — and in their petitions to aflfure them, " Tliat you are ^' fenfible of the necelfity of a fupreme legifla- ture over every member of the Hate-, that you *' acknowledge yourfclves fubjcds of thtr Britifh ^\ government \ tha^you have, through innu- ^^ merablc dilHcultics and perils, fettled and im- ^' proved a wildcrnefs, extended the territories, *' and greatly encrcafed the wealth and power of ^' the nation : That by. fnch (ettlement you ^^ have lofl: tkc enjoyment of, tliough n( ^' right to, foraC'of the firll and moll .«. of *-he privileges of Englifhmen : 44 m \ \ %. % ffffPPPfP!^ i^pr 1 ■; *l ' ^t l(intiii),{!thAt the l;|fi«ifld inMi^hl i QV /ti^c, fr^O- *^ lv»liklt.oi:;cveiiytjlMi)i(tti? ikN» ,»rm^fiW)9i\fli^Q(llfi >^} jairt i|(j|jgJ D thcluywpir i«BiUii^tM^^ '* «> Amrica^ ncir thiJ- pftfortim ikH0^\' ** 't^riS* *V <5f;^4^««^Jv cnjoy;tjiek amtlc;ilr.iiri^te,Q .^*V:tLcr{UKting in the audbonty of parlidilHOi^iA/)^ .*A |icfi that laws have been rnftde» i biy* tJiai^iiM^ 'Vrityv fiftr levying taxes i^pon iytOMTtipi^pfflBt^M) "V fqrTeiUiaining.and'prgAiibitingywi^.tJWrff .wi ' cpmnvrce^ forr fuppK:(rwg y^^iv »vmivrfi^<^^M?«^ **ufor regulating youniii^^yi^* pvli«?» aiiMi;.^o- privpg you of many o);her; rifihw*^ t<^i)i*^h you areentitW a» >E4^gl^»fti ,ui^*i<^si rif^b^kt *»..by; fuch regulations yqw have h^m 5iggi^V«4 •H and qpprdfied, and grt^V du'QQr>tfen •*\ in.the boeafts pf his Miaicfty>^>ii>WAiV4fnfr *^; rican Ivibjcdts, to the d«&l»<^«^«o€*v!^ft v^a«*- mony which ought tO>f^tif»iV>bf«WCn!y1il^ hers of the fame conmmkyf.0i\*Jff(f^^^^^ judice of the ^onnnon ,w«rilW jn1hli»l?i}a«>^ for want of inclinacioWi h\il KApm^^L^m^g from the difunited ftater^; th^ jG(^c ^) < «4' ) # ^^ \Mk>n itlch prificij>fe4 'Srafccrty aiid |fd>K(^^ ^i Juf^atiiiiti Id l^dUfotedtd Mid iKhblHhe^ oh'the '#ittl%t4i) il>ipUiv'<$fJib>fibh ^ -fniay be i^Ff^Iy di- ig^^^'by 'ymir 1l9^raflf^iJlIi^Mies,' 'thfre i< no mom cd d«obti >^ lW-grildduf|r febfttv^- thd dtly ^ClWlid^d td^b/%iis iM^j)H^ jlrtd' his two «)ttHii!iiii1^imtoVcfebrti'ft^i^ltndover withf ^em r'0ftcv«>f'^hl«re^d<^legiitt^, to remove the'? pi^ctertt -^iiejtidfc«; tcycwate -j^l^ichd«; !and rb fdlieit yotir cMti l1fe^ttk^n(?eWSll be' ttiflmg, their utl!^- fy |ii«y{be^a!t,^i^th«J itapoptaflfcd of yourtlghts Thus I have, my dear ^ountryiiien, iik\\ ilie ' ^^m(^^ artd'phe moft b^- J^ti|^arS:i^^ |rfie,mtcreft and happj- % lafpjMore you > ^hir oonftitutional exteiij: ©f f)«a^Ujttnc^i y jfurtfdiiftion, >ind dtikted yoOr righi»fiN>mW and; ex- [.pja^ 5^ dMftici I ^«vc pointed cut' the HiQ%!liS/hibdi f am:ct>ftli»^ fm ought to pur- iu© ^r '» W!*|&^^ righ^ti I baVe ihowed^^d!jtJtKt^6IIy^6^ ftbw in asi- ^^tioii foc"d]#t :pmrp:jic. M? ipoft finccre wifli ^xifii!lbia;yoii>mi^yatlil7our4lvts of tSe ii ^MBiiioiiy ttijO^ret^rfrom the danger and '^ ' "^l^tftSiMbi^ too % !^^«^' J^liiM* i c^^ a(k youH *•! TV I) „ ia n J" Y '#'-»4i^pPWf'.. :i " .^"li-W^P^^ippilipipiil i t »H«W«ftlwii»