IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ■^■2.8 US 2j5 2.2 1.1 III w u KM IL2I III U |M 2.0 lil !. 1 ^ < // ^1 w "1 Hiotograjiiic Sdences Corporation 33WIS1 MAIK /4Sini WUSTIR,N.Y. USSO (716)872-4903 CIHM/ICMH Microfichi^ Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductlons / Instltut Canadian de microreproductlons historlques Tachnical and Bibliographic Notas/Notas tachniquaa at bibliographiquaa Tha Instituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibiiographically uniqua. which may altar any of tha imagaa in tha raproduction. or which may significantly changa tha usual mathod of filming, ara chackaid balow. □ Colourad covars/ Couvartura da eoulaur I — I Covars damagad/ D D D D D D Couvartura andommagia Covars raatorad and/or laminatad/ Couvartura rastaurAa Mt/ou palliculAa I — I Covar titia missing/ La titra da couvartura manqua Colourad maps/ Cartas gtographiquas an eoulaur □ Colourad ink (i.a. othar than blua or black)/ Encra da eoulaur (i.a. autra qua blaua ou noira) r~n Colourad plataa and/or illuatrations/ Planchaa at/ou illustrationa 9n eoulaur Bound with othar matarial/ RalM avac d'autras documants Tight binding may causa shadows or distortion along intarior margin/ La rv liura sarria paut eausar da I'ombra ou da la distbrsion la long da la marga IntAriaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar possibia, thasa hava baan omittad from filming/ II sa paut qua cartainas pagas blanchas ajoutias lors d'una rastauration apparaissant dans la taxta. mala, loraqua cala Atait possibia, caa pagaa n'ont pas M filmAas. Additional commanta:/ Commantairas supplAmantairas; L'Institut a microfilm* la maillaur axamplaira qu'il lui a M possibia da sa procurar. Las details da cat axamplaira qui sont paut-Atrs uniquas du point da vua bibliographiqua, qui pauvant modifier una imaga raproduita, ou qui pauvant axigar una modification dans la m^thoda normala da filmaga sont indiqute ci-dassous. r~l Colourad pagas/ D This itam is filmad at tha raduction latio chaekad balow/ Ca documant aat filma au taux da reduction indiquA ci-daaaous. Pagaa da eoulaur Pagaa damagad/ Pagas andommagtes Pagas raatorad and/oi Pagas raataucrias at/ou pailiculAas Pagaa discolourad. stainad or foxa< Pagas dAcolortes. tachatias ou piquias Pagaa dataehad/ Pagas ditachias Showthroughy Tranaparanca Quality of prir Qualit* inigala da I'imprassion Includas supplamantary matarii Comprand du material suppiimantaira Only adition availabia/ Saula Edition disponibia pn Pagaa damagad/ |~n Pagas raatorad and/or laminatad/ Fyj Pagaa discolourad. stainad or foxad/ rn Pagaa dataehad/ r~r| Showthrough/ I I Quality of print varias/ |~n Includas supplamantary matarial/ [~~| Only adition availabia/ Th« tol Th. pot ofi filn Ori bai the sio oti fin sio ori Pagas wholly or partially obscurad by errata slips, tissues, etc.. hava been refilmed to ensjre the best possible image/ Las pages totalement ou partiellement obseurcies par un fauil!et d'errata. una pelure, etc., ont iti filmtes i nouveau de fapon A obtenir la meilleure imaga possibia. Th( shi TIP wh Ml dif am bai rig rai mi 10X 14X 18X 22X 26X 30X y 12X 16X aox 24X 28X 32X Th« copy fllmaJ h«r« has b««n raproducMl thanks to tho gonorosity of: Library of tha Public Archivas of Canada L'axamplaira fiim£ fut raproduit grAca A la gAnArositA da: La bibiiothAqua daa Archivas publi^uas du Canada Thij imagas appaaring hara ara tha baat quality pok&slbia considaring tha condition and lagibillty of tha original copy and In kaaping with tha filming contract spaciflcations. Original copiaa in printad papar covara ara filmad baglnning with tha front eovar and anding on tha last paga with a printad or lllustratad Impraa- •ion, or tha back covar whan approprlata. All othar original copias ara filmad baglnning on tha first paga wfth a printad or lllustratad Impraa- sion, and anding on tha last paga with a printad or lllustratad imprassion. Tha last racordad frama on aach microficha shall contain tha symbol — ^> (moaning "CON- TINUED"), or tha symbol ▼ (maoning "END"), whichavar applias. Las imagaa suivantaa ont AtA raproduitas avac la islua grand soin, compta tanu da la condition at da la nattatA da l'axamplaira fiimA, at an conformitA avac las conditions du contrat da filmaga. Laa axamplairas origlnaux dont la couvartura an papiar aat ImprimAa sont fllmAs an conmanpant par la pramiar plat at an tarminant salt par la darnlAra paga qui comporta una amprainta d'impraaalon ou d'illustratlon. solt par la sasond plat, salon la cas. Tous las autras axamplairas origlnaux sont fllmAs •n commandant par la pramlAra paga qui comporta una amprainta d'imprassion ou d'illustratlon at an tarmSnant par la darnlAra paga qui comporta una talla amprainta. Un das symboias suhrants apparaftra sur la darnlAra imaga da chaqua microficha, salon la cas: la symbols — ► signifia "A SUIVRE", la symbols V signifia "FIN". IMaps, piatas, charts, ate, may ba filmad at diffarant raduction ratios. Thosa too larga to ba antlraly Includad in ona axposura ara filmad baglnning in tha uppar laft hand cornar, laft to right and top to bottom, as many framas as rsquirad. Tha following diagrams illustrata tha mathod: Las cartas, pianchas, tabiaaux, ate, pauvnnt Atra fllmAs A das taux da rAductlon diff Arants. Lorsqua la documant ast trap grand pour Atra raproduit an un saul cllchA, il ast fllmA A partir da i'angia supAriaur gaucha, da gaucha A droita, at da haut an iias, an pranant la nombra d'Imagas nAcsssaira. Las diagrammas suivants illustrant la mAthoda. 1 2 3 1 2 3 4 5 6 L •• (K . J •rl iPri • "! L SELECT T T PN THE R S TRADE AND GOVERNMEl?^ O F A M E R 1 C A; AND THE V * V m^:^ ^^f^BI^' i^^ ^^^ ^Ni> ir Oft I :3f^ #«ttoi ty ^d y E R If CTR »£ J&ilii > •*- '^.*f&i} ■" ■*■ .i:«;"* f*?? wl^h are sidded .. « C3d^mi#i 1^ Afllito^ tfecto, and th^ ^;-. ^Priivtea for t. PA YNE, at the Mmt^Gati, Su Mar^it^ WDCGLXXIV. ^- - 1 - ■ . - |Mce two SM!Ung««] i *i: ^^■ :'^T^f';i.*,^s >*\'' X- \,.. I • n • • r f ■ h'L' ^- ?^^ ^^ •--'": ""mtimtmsmvyFi'.x iwpii-:- .:!--'ih#!|y^' [ i ]■ •-•1 ■',"> PREFACE. i« TH E letters \vhich are now fubmitted to the pub* lie, were written between the years 1763 an4 1768 by Governor Bernard, who was at that time go*- vernor of MMffachufets Bay, and had a principal part in the proceedings which gave occafion for them. A litde before that time an a^ of parliament was paffed for raifing money in America by a ilamp duty, and bringing it i*td the Exchequer of England; without due coniidc- • ration being had of the PrafticabiUty of fuch fcheme, or of the Propriety of it if it was prafticablc. At this time America was juft recovering herfelf from a war, in which Ihe had borne a principal and burdenfome part ; and therefore Was a very unfit fubjeft for a pre- fent Taxation* ,t v^^-^ But what fliould have prevented a Taxation at that time was, that her governing powers were nfot fitted or able to carry into execution that, or any ordinance *©f * Parliament that, was like to be difputed*^ There was nc» 'fixed idea of the Relation between Great Britain and America ; not one of the Governnients there had, what «Qt one of them iheuld have b^en witbour, a Paxiiu- '^ ^ ^- V \tf^^ mcntarj ■rki^'f. C ii ] pientary Conftitution. And therefore it is not to be woij- dcred at, that when they were called upon to pay money %o the order of Parliamenty they (hould anfwer, ** We •* kno^ not what is ^he Hejaition between you at^d us, '* that auchorifes you to raife money from us or our •* lands." And, indeed, it may afford caufe of wonder, that, in the coUrfe of 15b years (forfo many it is at Iftafl fince jg'overriments were firft conftifluted in Amrica), there never has been a parliamentary fettlement of the Amt' rican Governments, or any adjuftment of the nature, of the Subjedion, and the Mode of fubordination, that was cjue to, or expelled from, the dependent governrtients to the Imperial HsLtc. Before the Revolutidn, this neglect is to be accounted for ; the rights of government yere then not well ' underftood even in Englan4, 3n and interfered Very Jittl e in their government, t - . - i i ':{ '' Bur, at the Revolution, when the rights of Goveri^- ■: metit wcVe well underftood anti formally fettled ; when f he power of Parliament was greatly enlarged, and sd" lowed to extend over all the I^tepcp^encies of the Croyjn of Great Britain^ as well as its oWn Kingdom ; at th^t fime, and eyct,fini:s, It H% Ijcgn ^n uofprtyn^t^ qipif- >•'■-■■ 'i. ■'■ ''' ' ■ • ■ ■• ■■'•■• ^ Hon u [ il! ] iidn of policy^ that the conditution of the GoTetnm^pfs of America were not fettled in Parliament, and the righ'ts of the Imperiai ((ate oyer them acknowledged, with fuch Regulations and Limitations as the federal natures of them, upon cohftitutional principles and good policy, ihould require i that wc might not^ at this time of day, when the Empire js fo greiitly enlarged, and is (liU e.n- creafing, be at a lofs for. the Principles ujjon.whi^h the Connexion of its fubordinatc Government^ whh the ItH' ferial (late may be beft preferved, and the Union of the whole maintained arid continued. . . m-ui m -i , ; But no Care has been taken of this important bufi- nefs ; and America has been left to that miferahle fervi- tude where Law is ubcertaid and unknown. Inftead of a cert^un conftitutiohal Lawj adapted to the nature of the Governments, eftablifhed by the Sovereign or Im- perial ftate, and recognifed by the Dependeht or fubor- dinate dates, America has been hitherto governed by temporary expedients ; which have fomptimes been al- lowed to have the force of laws, and have fometiinc^ been refufed it. In this ilate of things,' it was impoidi- ble but the time wbuld C&me when the authority df Griat Britairt over America would bfe brought into <|uef- tlon. This day feems npw to dra\v' nigh ; it might poflibly have been put off for fonie t\ia&, longer ; but perhaps it is happy for Great Britain (hat it is hot.' SI)6 is now able to aflert her own rights : whenever (he ceafes to be fo,' there is aii e^ of her empire; a period no' . : .» . a 2 lefs ^lefs to be dreaded by the Colonies themfelves, than by the Mother of them. It was at the approach of this critical time, when the authority of Parliament over the colonies was to be con- 'troverted, and after the commencement of fuch contro- •verfy, that thefc letters were wrote. They were mbftly, even thofe which were addrefled to perfons in high offices, merely fpeculative : and they cannot be mifun- derHood in any indance more than by being confidered as Dictations. U there was any thing in which the writer of them could have defired to ha?e diftated, it would have been upon the Neceffity of giving the fub- je£t-matter of fome of them as early a confideration as poffible. For he cannot but think that too much time has been lod ; and yet the work dill remains to be done, but under greater difficulties than if it had been taken up fooner. For the Patience of the Governmenr here, has tended to encreafe the demands and expefta- tions of the Jnierkanj, fo as to make the regulating the (Governments a much more difficult work than it would have been eight years ago: and at the fame time the Neceffity of it has encreafed with its difficulties. The writer of thefe letters has given them jufl as • they were wrote, without any comments ; and muft de- fire that the reader will be attentive to the feveral dates of them, as much will depend on the precife times in which they were wrote. The politics of. Jmerica, efpe- d^illy in the Province where he prefixed, have been very by t y ] very flu£luating, though all tending to one end} (b that what would have pafTed without gWing offence ten •years ago, would dow be treated with the utmoft refea^ ment* A curious inftance of which is jud now aflforded^ when the Governor and Lieutenant Governor of Ma^ xhufefs Bay have been impeached for writing in private letters what was a common fubjedt of converfation at tlic lime they were wrote. * "^^^ «s,»t^t.^Kr» .--t Another caution qiuft be recommended^ that it be not e^cpeded to find an uniformity of fentiments in thele letters : length of time, and frequent change of cir- cumdances, muft occafion a variation of opinions: yet there has been little alteration of his with regard to fun- damentals. The rubje£t which occafioned the greateii; fluctuation of his fentiments, is the expediency of al* lowing the American dates Reprefentatives in Parliament. This propofition greatly enlarges our idea of the Gran- deur of the Britijh Empire, and affords the mod flatter- ing profpeCl of its Stability and Duration. But we mud admit that the Execution of it would probably be at- tended with great diiHculties, if its theory ihould be approved ; and therefore it may be coniidered only as a pi eafing reverie. " -""-i '■- -^ - « f •* ii.if^^i < : One thing it is hoped the reader will take notice of, or at lead that he will give credit for ; which is, that thefe letters were dilated by a love of both Countries, and an earned defire that they (hould be united in mu- tual affc^ion as they are in mutual intered. Thi^ will depend [ v. ] depend in a great meafure upon the Coniiexidn of the colonics with the imperial (hte. I'his can be maintained no otherwife than by a fubordination of the former as Dependent dates, to the latter ;is the Imperial fovereign. hnperium in imperio is a monfler in politics which cannot fubfift. The notions of policy which have been adopt- ed in America iince the ftamp-a£l have a final tendency to feparate the Colonies from the Mother Country ; an erent which, as 1 haye faid before^ can be defirable by neither ; as the confequence» of it .will probably be the Ruin of both, r ^ ^ - 1 •» - - But, though there can be no doubt of the Propi^ety and Neceility of a conciHatpry Connexion between the hnperial {late and the American Colonies, and it ilill re- mains to be done ; it is not fo eafy to determine in what manner, and by what ways and means, it will be belt eifeAed. This is a budnefs of the utmoft importance to the Welfare, I might fay, to the very Being, of the Em- pire ; and requires that Policy, Judice, Firmnefs, and Moderation, ihould all be united upon this occaiion. If In any inftance Refentment Ihould o£er to interfere, let a coniideration of the Relation between them mitigate it. But it will be bed to look backward as little as poiliblc, ^nd provide only for the Corre6lion of what is to come. if .i'^y^fU ^ycf^ iiii(f', S'li tnm ii}:i"f If thefe letters fhould aiTord any information that will contribute in the lead to further this great work, ihcpurpofe of. the. writer will be fully anfwcred. They were were written haftily, currente calamo, and not with a view to publication ; apd therefore muft be fubjefl to many errors, as well literal as political ; all which the critics are very welcome to, if they wilj do juftice to his good intention and ivelUneaning, For he is not idefirows of foundiag his reputation upon his writing or his politics ; his utmoft ambition, and for which he has laboured all his life-time, is to be cfteemed an bonefi p:an znd a good citizefJ* ■f .'i^ .J .'■ '.J^t^l :u^ ■* LET. .. :v:jr ].:■ * t, -i " , '. , ,.l, ( ' 11 -. •,* r- .- y; ..:' * ! , . 'CMn\x^\ . ;, jn.'/ri i^;'/' r:;: ,::i;m-. ■; = t'-t J] 'y\ iii.s .. ■ :t . ^' 'ij C ' 3 .^i.j' •.Jy«i-J >.v/ ..•/*.'•...** i,^ ^.^.■..<,^.'•.^- L E T T E! R S, ^f. " " 'r3i^ ■fr ■ ':C'''w"t;)' .,...:.,.:".!. L E T T E R I. '• ^'^ ----■' ' . To the Earl of — -. - ^ ? ., .v.tj. , -..;..:■ ,^ . V • /•■" ■ ■ ■. •"". ^•^•■';*.;. i My Lord, i '" OSloher 2$, nS^^ XT' OUR Lordftiip fignifics the King's pleafure, that ■^ I ufe my utmoft endeavours to prevent the intro- duction of Foreign commodities contrary to the A£ls of the iz Charles II, ^hc 15 Charles If, and the 7 and 8 of William III. I have the honour to inform your Lord- (hip, that, ever fince I have been in this Government, I have exerted the beft of my powers to maintain a due obedience to the abovementioned Laws ; and I can with pleafure add, that I believe they are no where better fupported than they are in this Province. When firfl I came to this Government, about three years ago, fome of the Merchants of ihib town, pro- voked with the liberties allowed at Pert'' almoft under their eye, and really injured by them, did endeavour to enforce the allowance of the fame liberties within B this I ^ 1 this Port, by divers means : but my refolution, and the ^ ftcadinefs of the Judges of the fupreme Court, de- feated this fcheme ; and they became content to wait . till meafures Ibould be taken for putting all the Ports in America upon the fame footing. Before this com- motion, andfmce, the Merchants here, in general, have a6led in fuch a manner as to. entitle themfelves to all proper favoi. ■ ^ I do not pretend that this Province is entirely free from the breach of thefe Laws; but only, that fuch breach, if difcovered, is furely puniflied. There has been an indulgence time out of mind allowed in a trifling but neceffary article; I mean, the permitting Lijbon "Lemons, and Wine in fmall quantities, to pafs as fliips flores. I have always underflood that this . was well known in Englatid, and allowed, as being no obje£l of trade, or, if it was, no ways injurious.to . th2Li of Great Britain, As for Lemons, in this climate, ' they are not only neceflary to the comfort of life, but , to health alfo; and a prohibition of them would be.^ a great mortification to thofe who have been accuf- , tomed to the ufe of them. For my own part, I reckon * them among the neceffaries of life, and believe they contribute much to the good health I enjoy here. . ^ J In regard to Portugal Wines, there feems to be no material diftinftion (except as cafus omifus, in the let- _ tcr of the Law) between Wines from the Poriugue/e \ Iflands, and Wines from the Portuguefc continent : nor .^ would the lead benefit accrue to Great Britain, from . 5 permitting wmm #^ urn mxi-\^JA:l ^%"-'^- L 3 J • 7 permitting the one only, and prohibiting the other. Bpfides, there is fometimes ^ want of thefe little arti- cles to help to make up a balance in the trade be- tween this Country and Po,^tugalf the latter affording no other return hither but Salt. And the Fifli trade of New England is of too great confequencc to 0/d Eng» land, to rpn any rifque of checking it. Spanijh Wines apd Fruit, although at pr^fent not in much demand here, are within the fame rule of reafoning, in regard to promoting the Fifh trade. But it were to be wilhed that thefe were permitted by a pofitive law, rather than by an indulgence, however reafonable and ap« proved. The Wine generally ufed in this country heretofore, has been Madeira^ butpf late that has grown fo extra- Tagantly dear, that few people can afford it. The wines of the Wejiern IJles are now in the general ufe of this country ; but fome gentlemen prefer Portugal wines. French wines can never be an article of trade l^ere, as what comes to America is in general bad and very periihable ; and when it is good, it comes as dear as Madeira^ and is not near fo much efleemed. And though there is now here, under profecution, a fmall veffel of 130 tuns, laden with French wines, (aid to be bpund from Bourdeaux to Eu/iatia ; yet this will not conclude fpr the frequent ufe of French wines here. For though this veffel were intended to be unladen on this coaff, (he would be a fingular ipftance for fome years pafl, and her cargo would fup- B 2 ply .. C 4 ] ply the demand for Frenei) wine in New Enpand for two or three years. ^** I have, according to your Lordlhip's order, imparted to your Lordihip what alleviation of the La ts before* mentioned is wanting to the exigencies of this coun- try 5 at the fame time befpeaking your Lordfhip'j favor, that this intimation may not be underilood to contain an admiffion that I royfelf have been know* ingly concerned in, or confenting lo, the aforel'aid in* dulgcnce, lam, 6?f. J.|.:.)I LETTER n. To the Lords CommifHoners for Trade and Plantations* ■ t.. . 't;- . My Lords, D.ecn 26, 1763. / I AM honoured with your Lordfhips orders, dated OHober 11, There has been no negleft, that I know of, in executing the Laws of Trade within this Province as far as has been prafticable ; th i C 5 1 before now. That this indulgence U QOt b!ur4;f)il to Great Britain in the firft inflance^ ^nd gre^y advail? tageous in the end, is to me very certain. The other well-known indulgence is in the A^ called the Molaffes Aft, which has, I prefume, never been duly executed ; although, at the fame time, I mufl, for my own defence, fay ih^t I never knew an inflance of the breach of it. The Cq^om-houfe officers in this Province are, in my opinion, good and faithful officers, and have in this cafe done their bed ; that is, they have got as much money on account of this duty as they could, and have brought all that they have received to the account of t^e i^ing* In the lad quarter's accompt of the CoUedor of this Port, I obferved the duties upon this Aft amount to between fix or feven hundred pounds fterling ; and I am told, that the CoUeftpr of Salem's accompt, which I have 'not feen, may amount to as much. I therefore con« elude, as I can judge by conjefture only, that this Aft is not ilriftly executed; for, if it had been, I can-i not think that it could have produced fo great a furo in any one quarter. And yet, I believe, if the duty wat lowered, fo as not to difcourage the importation o0 the goods fubjeft to it, nor make it worth the whilQ< to evade the payment of it, it would produce a. much greater ium. .^ -. .. .-. ;i:.^.i. :.,,,,;., ..,...., -: - This Av^ ha$ been a perpetual flumbling-blbck to< the Cuftom-houfe officers *, and it will be moil agree-- j^lp. tp thm 10/ hiive it in any ways removed* The ^-■'*^; i ^- ' ■• i^^ -c:. ■■ , ,,/- •; .^.. queftion i.' [ I queftlon fcems to be, whether it Ihould he' an AA pf Prohibition, or an Aft of Revenue. It was originally, I believe, defigned for the former ; and if it fliould be thought advifeable to continue it as fuch, it will want no more than to be folly executed. But if it is meant tq be an Aft of Revenue, the bed means to make it mofl efFeftual, that is, to raife the greateft revenue by it^ will be to lower the duties in fuch a proportion as will fecure the entire coUcftion of them, and encourage tfee importation of the goods on which they will be laid. Perhaps a refolutloa may be formed already, or a^ leaft before this will come to your Lordfliips, to con-, tinue this Aft, and enforce the execution of it: in fucl^ caCe it may be thought imprudent in i^e, to urge or even offer my opinion on this fubjeft. But, my Lords, ia the iincerity of my heart, and in the warmth of my wiflies that the welfare of this country may be made advantageous to its mother country, I niuft inform ^your Lordfhips, that it feems to me neceflary to encour rage a trade between North America and the Fgr^i^fk Plantations, under proper reftriftions ; without which, the prefftnt advantages arifing to Great Britain from the trade of North Amevicay 1 fear, cannot be preferved ^ much lefs may an encreafe of them be expefted. 4 I founded this opinion fome time ago upon a plain and fimple argument, the fallacy of which 1 have never been able to difcoverj and the truth of it feem? to be confirmed by frequent obfervation. It is this: 2t the lime of making the Molaffes Aft, now thirty toifi'^t'rk . ' ■ ' ' year^. [ 7 3 years ago, it was affertcd by the Weft Indians^ that, at' " the Briiijh Weft Indian Plantations were capable of tak-I ing off all the produce of North America y the fending! fuch produce to Fe/:«^« Plantations ought to be difcou^t' raged. To this the. North Americans thei) anfwered, by ' denying (I believe with greater truth) that the Bfiiifi" Weft Indian Plantations were capable of taking off alti the produce of North America fit for the Weft Indiaiii markets; I will fuppofe however that tjie balance Was^ equal. Since that time, North America has encre.afed'^ to above double ; the BritiJhWeJi Indies rem'd\n as they were. "What is to become of half the produce ofii North America, if it is not fuffered to be, carried to^n Foreign markets upon practicable terms of trade? And .- how can Great Britain ejcpeft that her exports to.i North America will not keep an equal proportion .with'5 the exports oi North America to their markets, whereViC?^:: they lie ? as/rl 'uul ;,; :o c:;r::;c;:3 it is, in my opinion, a falfe ftate of the queftion, \to': confider it as a conteft between The Weft' Indies awt- North America : it is really a conteft between The Wefti ' Indies and Great Britain ; for in the latter will the pro- fit and lofs arifing from the refult of this queftion de- termine. The trade of North America is really the trade of Grea* Britain (prohibited European goods excepted) ; the profit and. lofs, the increafe and de- creafe of which, finally, come home to the latter. Ame- rica will fuffer for a time only, by being difabled to import from Great Britain what her real and imaginary wants mmm ■■'"■""'"""■■iViiiMHIiiimii It- II ' ' ■' t owef^ fWwhat (he will not be able to im- port irom abro!l(i. But the lofs of Gr*eaf Britain mil be irf«rievaWei If th*rt ihdtild be exemplified in this ttt)¥hite, it v»ill, probablyi for \ 5 firft inftancc, be in tledecreafe of ttie Filh^rf; which; in the opinion of t1i€ molt knowing' men here, will certainly be the ceafequence of a prohibitton of Foreign MolaiSes and I have' beeft'Cftrrieddti further in this fubjeiPt thin I' imended, for iVhich I pby your Lordfhips indulgchcc/ ail mefttf rathtr to^ ftatc the cafe to your Lordlhips, tHaii^ d^tttfniine upbtf it. I am all this while arguing againft myowi inWt^ft: Laws that are Me to be pro- dtt^lve ©r Forfeitures ^ught to be acceptable to Gotlsir-' news* Sut, for my bWfi part, I flibtkld' be glad, at tfe' cxpenceof all fuch Profits, to fee the Laws of Trad^' lifAnaHcirfo re^uktfed, as to be eflfeftually executed, clkatfuUy fubmieced to,- and moil ccnthidve to the ad- f adtijcr of^ GfMf Britain; ■ . i-rv ^A il:;« l^iiSi^'- •> ;■. ,iili-lr> . latt), ^C. >^ol"l>^^ :i^ 3?4? -''[ ''.i^\ :M'' ^^^ir^^'%^ • .•, • -r, ," "i ,' .r:>f5if;no': rSO'^v^ ■~ n ^y^-t\rU/ b^aio tsVft^A^;. 'vm r> ••io-^»b£i: :^H'-^. : n *?i:-^V5Ji|t--t>tl^ ^'H..bm jHcn^ £*'*■?' U ^v^^p^-^ > .':-tK . ^ ^h-.l .-,Hl OJ. 'if. ;i(,d Oi&i^ry , ^ <...»»-^ J ■ ':/' '. ^^;l ,vi^?^' "'^ i K 1' LETTER \-w^.'. f ; l-iu: !'?•: in ! :ni1.: v*x vA::- - ■ ' - •■ .. • »1 . -I C 9 3 rfe' t<> .^^■■■ nio'il mourn i LET T E R- llti M^b ono idriiio'i - . . Jear Sir, ^*" « -i i I? %ear i!^^" .,^^ ^p-*2^^.c-.| . j^^! i;];^ ff-;.!r, . ',., _":r.\ -•'t:,- HL-nt 'dfol " ' , ' ^ npHE publication of orders for the drift execution ^ of the Moiaiies Aft has caufed a greater 4arm lA this country than tlie taking of Fert William Henry 4id in 1757. Petitions from the trading towns have been prefented to the General Court; and a large Comr tnittee of both lloufes is fitting every- day to prepare inliruftions for thei^ Agent. In the mean time, .the Merchants fay, Ther^ is an end of the trade in tliis Province j that ,it is iaprificed to the Weji Indian Plan- t^rs { that it is time for every prudent man to get out o£ debt with Great Britain as fait as he can, and betake himfelf to hulbandry, and be content with fuch coarfe manufaftures as this country will produce. This is now the common talk wherever one goes ; and it is certain, that whatever detriment the continu*Ntion ahd (trift i . . .■ execution of the Molaifes Aft will bring to the trade of North America (and furely more or lefs it will bring), it will foon come home to Great Britain j and then the Britijh Merchants will fee their imprudence in fitting jftill as unconcerned fpeftarors, whild the WeJi Indian^ ure confining the tra4e of this extenfive and itflprpvipg country within their own narrow and unextenfible cir« jeIcv jFor nothing is more plain^ than that if the ex* C t>ort9 C"/; l^ u If C •" J ports of Norib America are diminiflicd (be it by one fourth, one third; or pne half), her imports from Great Britain muft be leflened in the fame proportion. To apply this to a h&i laft year were imported into this Province 15,000 hogCbcads of molafles, all of ivhidh, except lefs than 500, came froni Forts which ilre now Foreran. The ralue of this, at is, 4^.; a gallon (which is a middling price as fold out of mer- chants ftorehonfe^) is 100,000 pounds flerling; to pnrchafe Whfch, f?fh and lumber of near the fame value mufl be fent from hence. Now fuppofe this trade prohibited (for a duty of 50 per cent, amount^ to a prohibitiDn), the confcquences^ muft be, that this Pro'vinee muil import i,oo,ood pountls kfs of Britj^ goods; and thtrb is an entire lofs df 100,000 pouniid (the fifli and lumber commg from an inexhatii^ible ftore) worth of goods ta the general Britijh Empire, befides the lofs of trade and dcereafe of (hipping; and this annual, in dme Province, and in one article of trade only. Is there not therefore juft caiife of alarm from the appreherifions o^ the probability or poflibility of fuch confequences ^ If tt fhould be propofed to try the experiment for two or three years only, firft let k be confidered, that the experiment itfelf, if it turns out as is expefted, will coft Great Britain many hun- dred thoufand pounds. But this is not all: if, after the experiment has been made, it fliould be thought proper to reftore the North Americans to the freedom of this trade, is it ceriaia that, after ?a interruption of twa two or three years, It can be recoverecl again? Is it , not probable, that in the interim the Foreign Plantations may get fupplied 'fVom othei* pdrts (-y/z. low-priced fifli from the French fifheries, lumber from the £a(l fidie of the MiJJiJtpjti) ; and when the ITorth Americans have leave again to rcfort to the Foreign Ports, they may find them ihut ag^inft them? When the fale of Frtn^ Molaflcs to the North Americans is prohibited, nuy 4Ci .^ ceive, and returns to us what ultimately tfcnters in Great, ^ Britain^ ihould, by making experiments, be deflroyed^ would it not be the cafe of the n^ whufe curiofity (ojr ^expeftation of extraordinary prefent gain) killed the goofe who laid him golden eggs I Surely it is not an idle or vgroiiiidlefs fear which makes thinking people dread tfc coniequences of continuing and enforcing this A&, \ 1 have wrote to the LorJs of Trade upon this fubjeft with great fincerity, though perhaps with more earncft' ncfs than may be thought proper. I have confined my- felf to one argument only, the neceflity of allowing and encouraging a trade between Narth America and... the Foreign Plantations, if it is intended that the trade from Great Britain to North America fliould be kept up even in its prefent ftate, which in my fimple reafon is couclullve for the affirmative. ». .-.; .. „ .A. r * C 2 I am, ^c, '''';^;'^'' tlilTTER LETTER IV. ./ . . .■I'V/J To the Lords Commi^oners for Tracle 9nd FhQtat{oi|Sf My Lords, ■ \Nini. xo, 1/^4^* JAM defircd by the Council and the Houfe ofRer '*• prcfcntaiives of this Province, to lay b(bfore hi^ Majcfty*s Minifters a copy of a Petition which they have prepared, to be prefented to the Houfe of Commons; and to befeech the favor of their great influence in be- half of their Petition. I accordingly inclofe a copy of the Petition ; together with a copy of the Addrefs, by which I am defired to tranfmit it. lliave fo fully ei^- preft my feniiroents on thefe fubjcAs in former letters to your Lord(hips, that, if I was to tnake a fre(h reprefen- tation, it muil chiefly confift of a repetition of what ^ have before wrote. ' ^ This laft feffion was held folely to give the two Houfes an opportunity to fend frefh inflrudlions to their Agent. Previoufly to their meeting, there were fome pains taken by fome obicure news-paper writers to inflame them : but their endeavours did riot fuccecd ; duty, prudence, and moderation, prevailed in a manner unexpe^ed : fo that there fcarcc ever was a more unanimous and quiet feflion. - *^ •' A f.»* Jt_-0y^A--4 ■...).. I am, ^c: LETTER [ »3 li -~,»»' ■■ t," i: ,f»,i*Iri Zih^io ^W^iVd w. r- '■" "•*' J. E T T E R V. To the Earl of li My Lord, i^ov. lo, 1764* ,1[ HEREBY enclofe to your Lordfliip a copy of a *!• petition of the Council and the Houfe of Rcprefen- tatives to the Houfe of Commons of Great Britain ; which I am defired by the (aid Council and Hcufe of Ileprerer^tatifes to lay before his Majedy's Minifters, ,, ^and befeech the favor of their great influence in behalf of the Petition. I am alfo defired myfeif to reprefent the fabje£^- matter of their Petition; and it is my duty to certify my opinion upon fuch extraordinary and ia- tereilihg occafions. I ihall therefore, with great truth and fincerity, acquaint your Lordfliip with my fenti- mentSy although I fliail be obliged to repeat a good deal , of what I have already wrote to your Lordfliip and the ^ords of Trade upon thefe fubje^ls. The heads of the Petition to the Houfe of Commons are thefe : i. That the duties upon molalTes are fuch as r will difcourage the importation of it, and thereby hurc the ^^r/Vjn fiflie.y. 2. That the reflri£lions laid upon the exportation of lumber will hurt the trade of ^me' rica, without any advantage to Great Britain, 3. That the new-ere£led General Court of Admiralty will, by the extenfion of its jurifdi£lion, be very injurious to the defendants in that Court. 4. That the Provincial Courts of !!■ [ 14 3 of Admiralty are injurious to the liberty of the fobjc£l, by determining upon their property without a Jury. 5. That the fending home to England the produce of the duties, and of the taxes propofed, muft take from the Americans the means of trade, and render it im- prafticable for them to make remittances to Great Bri- lain, 6. That the trade of America is really the trade of Great Britain ; and that the opening and encouraging it, is the moft efteftulal way for Great Britain to draw money from America, ' • ; ' '^' ' 1. 1 have heretofore cohfidered fbreigh Mblafles as a fund for raifing rtioney ; ard as fuch I have been of opinion that a duty of one penny halfpenny per gallon would raife more money than either a larger or fmaller duty. But yet I am not fo pofitive as to aflert, that two pence per gallon ittay not raife as much, or ploflibry more ; but I am perfuaded, that beyond that, the higher the duty, the lefs will be the revenue. In: regard to the cffeft it will have upon our fifliery, or any other ill cffefts, I don*t care to prophefy evil ; but in truth, I think that it is too dangerous an experiment to be tried; tecaufe the evil confequences, if any fhould follow, would probably be irretrievable. Another argument in favor of the reduftion of the duty to 2d, which will weigh much with your Lordlhip, is, that it will be a ▼ery popular meafure; infomuch that I believe there is not a friend to the prefent government refK-ing in North America, that does not wi(h that iach a reduiftion may be made agreeable to his Majefly's Councils. 6 ' 2. As lU' t C 15 3 2. As to lumber, it feems tp me that there is wanting a diftin£ii6h of the dilTerent ibrts of it; particularly be- tween that which is ufed in ihip-building, and thjait which is ufed in houfe-building. To regard the ex- portation of lum'ber as a trade, it is much for the in- lereft of Great Britain that it {hould be extended as much as pbffiblei as the profit of it will finally. come to her. But it may be faid, tljat.fuch profits as arffc, from furnifhirig our rivals with naval flores, would be a real detriment to Great Britain* Then it may be faid on the other fide, feparate what are naval ftores from the lift of lumber, and let the other articles pafs. Sup- pofe, for inftance, Portugal ^uA Spain (and France top if it pleafes) would take all their pipe and hoglhead ftaves from America y would not Great Britain finally reap all the advantages by the increafe of xhtAtnerican remittances ? In regard to Ireland being excluded having lumber from America, it is hoped that it is a miftake, and as fuch will be reftified : for it certainly will create a great inconvenience in the trade between -^wmr^ and that kingdom. In regard to lumber, two things fliould be conlidered : 1. That it is all clear gain, proceeding from an inexhaui^ible fund ; ^nd what is not cut, \s loll to the community : 2. That the vent of it encourages the clearing of lands, and is the fole fupport of thou- fand^ of ul'eful fubjefts and great flaves, the firft fettlers of wild lands ; and therefore the fale of it fhoulcj be extended as far as v/ell may be. '" "' "" 3. There L lis J ? ^. There is certainly an obvious occafion for d general Court of Admiralty over all America, or very large diftriftsof it ; which is this i whenever |he parties of a canfe^ and the goods lye in different divifions^ the jurifdi^ipn is lame. But then it Ihould feem, that luch general Court (hould l?e held as near the middle of its jurifdiflion, as Well may be. I therefore believe, that the fituation of this Court has a good deal contri- buted to the alarm it has occafioned : for, to be fure, the inconveniences of perfons being obliged to attend a court at great diftances, which would be unavoidable if the Court was held in the middle of its jurifdi£lion« xnuft be greatly magnified by the Court's being held at the extremity of it ; cfpecially where the affiftance of able Lawyers is not to be obtained in the minner in which it is ro be had in the great cities of the Old Provinces. However, as I know not the reafons why this Court is eftabliihed at Halifax preferable to all ether parts of America, I can give no opinion pf my own upon it, no more than I can judge of the inconve- niencies that may arife therefrom, until which become realized. , . . 4. The Court of Admiralty in America, taking cog- nizance of, and determining upon, breaches of the )aw of trade, is now of eighty years (landing, and had its' origin in an Aft of Parliament. The reafon for putting thefe caufes into a courfe of trial, without a jury, un^ doubtedly arofe from an appreheni^^n that the juries in thefe caufes were not to be truded. The force of this , reaf^a f t7 J . reafosn may have abated, but I cannot think that it is wholly dqflroyed : no candid man, I believe, will take upon him to declare, that it this time an American Jiury is impartial and indifferent -enough, to determine (equally upqn frauds of traae. A coraparifoh with £»^/{/i& Juries will not hold ; the difcriminaiioiis are ob-^ vious. Neyerthelefs, t,he objeftion to the Judge of the Admiralty being paid by the poundage of the con- demnation-money is very forcible ; for thereby it is his intereft to condemn, rather than to acquit. The pre- Tent Judge for this Province is, I believe, as uncorrupt as any ope the King has ; and he has frequently com- ,plained to me of his office being fupported by fuch means. . About three months ago, I mentioned it to the JLords of Trade; and then recommended, that the Judges and Officers of the Admiralty might have falaries, inftead of fees arifing from condemnations. ^.. 5. The produce of the duties and internal taxes, im* pofed on North America, are to be remitted to the King's Exchequer at London, and from thence to be dif^ fed to the fervices to which they are appropriated. And this method, it is faid, will drain the American Colonies of all their Ipecies fo cffeftually, that their trade muft be deftroyed for want of the means to carry it on ; and a general bankruptcy mufl take place, before the money arifing from ihefc revenues can be returned back to it, though it lliould in time be reftored vvitiiout any dimi- .nution. I do not mean to adopt this obje iire obliged to keep a fufficient quantity of fpecic for i ♦ -^ the [ '9 ] the purpofe of trade ; and this is frequently run (o near, that, upon an occafional fcarcity of money, trade is almoin at a iland. I remember about four or five years ago, the remittances of the Government having been by fome means delayed, the country could not fupply the deficiency : and it was for fome time appre- hended, that the operations of the campaign would be defeated. This, if 1 remember right, was got over by the Governipent of N^zv Tork ftriking 50,000 pounds in iizeable bills, and lending them to the General. If there- fore an accidental delay of the remittances from England could occafion fuch an embarraflment, and oblige the army to take paper in payment, how can it be expelled that the fame country ihould be able to remit large fums of fpecie to the Englijh Treafury ? ' > mr The Province of Maffacbufets Bay is the only one of the old Colonies, that 1 know of, that enjoys a fpecie currency. This reflefts great honour upon the Pro- vince itfelf, as.it is a great inftance of their prudence, who took hold of a fmgular opportunity to deflroy their paper money, which other Colonies, who had it equally in their power, negleSed. It alfo affords an example to the reft of America, to endeavour at the fame acquifition ; and is an evidence of its pra£^icaoi- lity. But I fear that if the great fums, which are ex- pefted to be raifed in A?nericat are to be tranfported to Great Britain, there will foon be an end of the fpecie ^urrcHcy of the Majfachufcts ; which will be followed ■•■i--t,'i#; V^ - ^.-i, D 2 ■f .\'"^f - i"i-i,iv r; by «v. mniiP mm 'i ,t: Is' III' [ so ] by a total difcouragement for other prbvmcei tb nteriipi the fame in the future. In which cafe, perpetual paper money, the very negative power of riches, will be the portion of America. -t 6, Trade is a fcience,"* which I have had little oppor- tunity to ftudy, and therefore it would be a prefumption in me to di£^ate upon it. However, as I have caught a few flying notions of it, I will venture to ftate fome principles which have occurred to me, with the confe* quences which follow them. The two great objefts of Great Britain^ in regard to the American trade, ^nuft be, To oblige her American fubjefls to take from Great Britain only y all the manufactures and European ^xtds which flie can fupply them with: 2. To regulate the foreign trade of the Americansy fo that the profits thereof may finally center in Great Britain, or be ap- plied to the improvement of her Empire. Whenever thefe two purpofes militate againll each other, that which ic moft advantageous to Great Britain ought to be preferred. If the firft of thefe purpofes is well fecured, the fecond will follow of courfe. The only means of employing extraordinary profits of trade in America, are either by luxury at home, or by fettling and improving lands. American luxury fends the money to Great Britain, either mediately from -the hands of the firft expender, or immediately through the hands of the tradefmen, husbandmen, &c, with whom he deals. Settling and improving lands, is the means of raifiag and enabling other perfgns to deal with I' [ SI ] Gfeat Britain^ and therefore it only poftpones the' rfe* mittancea, hereafter to be made with intercft. There» fore, if due care be taken to confine the fale of manu- fafturcs and European goods (except what Ihall be permitted) to Great Britain only, all the profits of the American Foreign trade will neceffarily center in Great Britain, And therefore, if the firft purpofe is well fecured, the foreign American trade is the trade of Great Britain : the augmentation and diminution, the cxtcnfion and reftriftion, the profit and lofs of it, all finally come home to the mother country. * 'rit has been long ago admitted, that the Aniericdh trade with the Spanijh We^ Indies ought to be encou- raged by all means : and why not alfo with the French f It is faid, that the French will not admit any tradd which is not advantageous to them. But how come they to have the power of picking and chufing their frade as they pleafe? muft not they fubmit to wants and Tieceffities as well as the Spaniards? will not prefent convenience and private profit get the better of national confideraiions among the one as well as the other? It has done heretofore ; and will do again, if Britljh prohi- bitions do not prevent it. I have been told, that in the former Spanijh war, the Admiral, flationed at Ja^ tnaica, had orders to encourage and prote£l the Englijh trade with th^ Spanijh Main, And yet, in flrift law, a private correfpondence with enemies is treafon. In the lafl war there was a confiderable trade carried on from fonje of the Britijh Colonies to French f^/paniola, by iff ■ '[ " 3 by means of letters of truce. This trade (except fuch part of it as was carried on with provifions) was gene- rally allowed to be very advantageous to Great Britain: and it has been fuppofed that it contributed not a little to the means of carrying on the war both in America and Europe, It is pleafanr, at this time, to obferve the complaints of the Jamaicans upon their being obilru^ed in carrying on their trade with the Spanijh Weji Indies i and yet they are for flopping and totally prohibiting the trade of ibe North Ajnericans to the French WeJi Indies, They can fee plainly the lofs to Great Britain^ from their own trade being obftrufled; but they cannot difcover the lofs which accrues from the obd^udion of that of North America^ In truth, it is the interefl of Great Britain that both the one and the other (hould be encouraged as much as may well be. And the Wejl Indians fhould be taught that equitable mz%m of trades ** Live, and let live." V^f -» I have given your Lord(hip my thoughts upon thefe fubje^s, with great regard to truth in my opinion \ and have accordingly treated the matters with fuch freedom, as the importance of the difquifition, and my duty to give your Lordlhip the beft information in my power^ jequircd. All which I humbly fubmit to your Lord-!- £Xil\Ji AIU% <^(* ,u-.W.7^-^iil: '\;jcni^'Cj ■^:^;a^lc£-^^A^^■•.*^.' LETTER IP X«fi^.^«-iv,r.^^ ^^ Lord J.i_:^''^^^ «i ^"^^ ^p4 My Lord, >^^«'*'^" -'io^^^iv jjtne 23, 1764; I Am not now fb acquaint yoiirtdrdfliip^ that, ever fince I have been in ^wmr^, I' have ftudied.the policy of the fevefal governments, and endeavoured" to acquire a true idea of their relation to Great Britain ; but I have had no encouragement to reduce my thoughts into writing, as heretofore the unfettled ftate of the public offices afforded me no profpeft of a proper oppor- tunity to communicate my fentiments ugon thefe fubje^ls. However, this fpring, I formed my thoughts into a kind of regular fydem, as concife and as argumentative as could well be. And now I wllh I had done it fooner; for the late proceedings in Parliament have given fucjl a roufe to the politicians m this countty, that it feeniis that a publication of fomething of this kind at this time might be of fervice. Bat I could not venture ujpoa •It myfelf, not only from diffidence of niy own judge* ment, but bccauife' ill my ftation, I do not think myfctf at liberty to publilh any thing of this kind, without firft lubmittmg It to rtiy fupenors. x ^ ■ I have therefore thought it proper to tranfmit tqt your Lord(hip two copies of this piece, that, if you think it deferves notice, you may tranfmir-them to mf Lords . ' > ■ ' and ■ ^. Although it is con- \l ;" f ! ' C H ] cife, it is not obfcure; and though (hort, it contains the heads of a great deal of matter ; for it feems to me, that every thing l* have to fay of the jimerican Govern- ments in general, and my Province in particular, may be brought into commentaries upon this little piece; and fpr fuch a purpofe I have intended it. If it has any merit, I would have the honour of your Lordihip'« mediation; if it has none, I ihalLiJt^Qdianecd of youir , • '\x^c:'. • ■: <^6\ nohsi = • ' ^' 'I am, ' cff. "'^ "iwl f^ ---H Q.1il\ i* ■ If LETTER VII. To . '! ;,■ . . : Efquirc. 1f> ^'^^•' Dear sir, -";;:-; T July u, 1764, IT feems to me tbat the affairs of America are be*- coming very critical; that common expedients would iqon begin to fail ; and that a general reformation of tfiei^ffimf<7« Governments would- become not only a .i^efirable but a necelTary meafure. Full of thefe thought^^ iiirhen I was at Concord, attending the AiTembly, I ' ce* duced my fentiments upon this fubjefl into writing, iludying, as much as ppifible, method, argument, and brevity. The writing itfelf is a hafty work, done at fuch intervals of Icifurc as I could catch ; but the mat- ter has been the fubje^ of much deli beration, and will .. '-'_'" afford e M. [ ^5 ] iifTbrd heads for matiy ufeful and interefting difquifi* bond* I i .: As I much doiibt of the propriety df my troiibling immediately Lord ot Lotd ^— With A paper of this kind, as I never have deceived a. parti- tulai" eilcouragcmcnt to take ftich liberty; about a fort- night ago I fcnt two cbpies of this paper to Lord ~^, dcfiring that, if he thought :t ptoper i he would intro- duce then to the Lords and '•"-^i By this conveyance I fend a third copy to Lord ' ■ ' '^ va^ a fou/th copy tb Mt. -^ i fbr his ufe and yoiits. Thcfe are all I intdnd to part With. I direftbd iht laft to him^ as I thought it probabliS ybu would fee obc of the two firft. . '" ^ '"' ^ '^*" '«»- •*>-*v3>:*jt*^ I could (and probably (hall) write large cbnimeritarics upon this analyfis ; fome of which will be exoterieki aiid fbmc efoterick. Many arguments may be offered^ in favour of this fyftera^ which Would be fbitable to and operativfe Upon the people; but morcj and of ftiore weighty that aref Bt^ mod fit, for the Cabinet. For my own part (I fpeak with the vanity of a writer, and the jircjudice of a fyft em-maker) my doubts arc more em- ployed, how far this plan may be agreeable to the ideas which the nil niders have already formed, than about its teal truth and probable utility. ' £» ^^ i^^^ ^' - ic.t^y^^ • -. lu b*3< jor If ! >'. ■.:;-! :„. . ■ V : . ._ 7 'v:^u ■ l am, ^a 4 - :o., •;.. I t LETTER ! til m I a6 } LETTER vrii. ;^"^ .?n6ri iWvtr To i.'>n.';fWi IjC'/Iua^i av.'ul'i'JJVf, .•I K B Y my letter to Lord bearing date the 7th iuilanty I isformed that I bad called the General Afleipbly to meet at Bofion the 25 th iDdant : this was done not fo much whb the profpeA of fuccefs, as that nothing might be left untried to procure obedience to the A6 pf Parliament. Before the AfTembly met, I was particularly cautioned againft fpeaking freely on the fubje£^ of the A£l of Parliament : that the people would not bear to hear of a fubmiflion to it -, and therefore it would be bed to fay as lltde of it as poflible. But I obferved the violence of the mob had intimidated fome of the bell men of the Provinccj and left the caufe of the King and Parliament almoft without an advocate — that if I fliould be awed alfo, fo as not to explain to the Aflembly the nature of the bufinefs for which they were called, there would be no mean J very Durdenfome taxes for that purpofe only. For in- flancc, this government, which is as much before-hand as any, raifes every year '^1,Soo£, (lerling for unking their debt, and muft continue it for four years longer, at lead before it will be clear. If therefore the parlia- mentary taxation had been poftponed for this time, and the interval employed in regulating and ftrengthening the governments, it probably might have been then introduced without much difficulty. Now it feems that, both one and the other are at a greater diflance than It were much to be wiflied, that America could be brought to the ftate it was in two years ago ; when there was a general difpofition to fubmit to regulations and requifitions neceffary to the reformation of the govern- ments, and afcertaining their relation to Great Britain* But that time is paft, and not to be retrieved. Since the infurre(5lions againft the ftamp aft, the Americans^ have f'.und the governments fo contemptibly weak, and the ; '"^'ple fo fuperior to royal authority, that ther are - . d little elated upon their triumphs over the de- . fenct.t;; ^Jlcers of the crown j and feem to be refolved,, that their idea of their relation to Great Britain^ how- ever extravagant, various, and inconfiftent, (ball be the .ftandard of it: fo that it is to be feared, that it wiU. coil much time and treafure to bring America to that degree of fubmiffion which the Parliament will think ^: cvcflary to require of them. The queftion will not be, VViicth»ir there Ihall be a Hamp aft or not; but whe- ther iif HI MI .! K • C 30 thtr AmerUa iiAW or ihall not be fubje£l to the iegifld- tare of Great Britain. ^ t-^':^- /^ " - It is my opinion, that all the political evils in Ame- tica arife from the want of afcertaining the relation be- tween Great Britain and the American coloniesi Heiice It i8> that ideas of that relation are formed in Britain and America fo very repugnant and contradiilory to each other. Tg Britain the American governments are confi- dered as corpora ' empowered to make bye-laws, exifliiog only during \t pleafure oi Parliament \ who hath never yet done any thing to confirm their eftabliih- mcnts, and hath at any time a power to diffolve them. In America, they claim (I mean in the public papers) to be pcrfeft dates, no otherwife dependant upon Great Britain than by having the fame King; which, having complete Icgiflatures within thimfelves, are no way fub* jcft to that of Great Britain ; which, in fuch inftances as it has heretofore excrcifed a legiflative power over them, has ulurped it. In a difference fo wide, who (hall determine? the Parliament of Great Britain? No, fay the Americans (I mean the violent of them) j that would be to make them judges in their own caufe. Who- then? the King? He is bound by charters, or conftitutions equal to charters, and cannot declare againll bis own grants. So, at this rate, there is no fuperior tribunal to determine upon the rights and privileges of the AmerUan cchnies* . But the general plea of the Americans againft th^ ilamp a^ is, that they are not reprefented in Parliament^ "■'•^' and C 33 J and therefore not liable to be taxed by it i to which it has been anfwered in England, that they are virtually reprefented in parliament. Each of thefe pleas tends to expofe its own caufe. If the Americans reft their de- fence upon their not being reprefented, it is in the power of the Parliament, by admitting rcprefentatives from America, to take away all pretence of their not being bound by its afts. On the other fide, if the no-> tion' of the Americans being virtually reprefented fhould be falfified in fail, the plea of the Americans will re- main in its full force. Whereas the right of the Par- liament of Great Britain to make laws for the A?nericafS colonies, is founded upon its being xhtfupreme, imperial legiflature, to which all members of the Efupire, whe- ther reprefented or not, are fubje6t in all matters and things, and in manner and form, as ihall be judged mofl convenient for the whole. irs^^*;;f!' ..m.'^'W'' But though the Parliament of Great Britain does not ftand in need of a real or virtual reprefentation to ground its authority over the Colonies, it may now be worth conlideraiion, whether admitting rcprefentatives from the Colonies may not be a proper expedient for the prefent exigencies. Two years ago, a propofal of this kind would not have borne a hearing : but fo much is America altered by the late financial atHis, that a new fyftera of policy, and of a more refined kind than was wanted heretofore, is now become needful. The patch- Work government of America wiU lad no longer : the necefliiy of a parliamentary eftablifliment of the goverr- F ments II '3 i I' ■i 'J i ii: ' ' Hi 'I C 34 ] liients of America upon fixed conftltutional principles, is brought on with a precipitation which could not have been forefeen but a year ago; and is become more ur- gent, by the very incidents which make it more difficult. The circumftance of the Americans j unifying their dif- obcdience by their not being reprefented, points out a niethod to enforce their obedience upon their own prin- ciples. Take them at their word ; let them fend reprc- fcntatives for the prefent time, and for the prefent pur- pofes : thirty for the continent, and fifteen for the iflands, would be fufficient. In this Parliament, the Colonies being actually reprelented, let th^ affair of the American governments be canvaffcd to I • bottom ; and let a general, uniform fyftem of American govern- ment be formed and eftabliflied by A^ of Parliament^ by which the Americans, according to their own princi- ples, will be bound ; and let the relation of America to Great Britain be deterr^ined and afcertained by a folemn Recognition : io that the rights of the American govern- ments, and their fubordinaiion to that of Great Britain^, may no longer be a fubje(5i! of doubt and difputation. When this great work is done, the American reprefenta- tives may be difmiiTed, and left to attend their own le- giflatures, which will then know the bounds of their own authority ; or may be continued, as fliall be found moft advifeable. 3.m ^*< ^.5^ n. ^,.3:.. i.-^-- > Ireland affords an example of the ufefulnefs of this work, and the manner of doing it. It is owing to the wife adminhlration of Irela?icf, when it was firft made a ^ kingdom. : .35 ] ■ . •: kingdom, that the form of government of that ifland, which is as perfe*^: for a dependent ^ as that of Great Bri- tain for a fupreme power, has lafted now for two hun- dred andfeventy years, without wanting the lead amend- mc: ' of fundamentals. Haply America, in. the forma- tion of her government, had not the limie care taken of her, to regulate her policy, and prevent the mifchiefs which the uncertainty of the relative powers of civil government, fupreme and fubordinate, is now bringing on like a torrent. The civil policy of America is com- pofed of temporary expedients, all derived from the Crown only ; not one of the American governments has that fanftion which none of them ought to be without, a parliamentary eftablilhment. And, until the Parliament Ihall eftablifti the American governments upon a confti- tutional bottom, and afcertain the limitations and ex- tenfions of their legiflatures, it mufl: be expefted that the governments will be continually fubjed to didur* bance, whenever the Americans think fit to complain of innovations upon, and infringements of, their rights ; that is, whenever any thing is required of them which they don't like, Ireland alfo affords inllances of every kind of regu- lation whjqh America wants; which may be brought un- der ihefe heads : i . The governments (efpecially in the old and fettled countries) (hould be compofed of fuch ample diftri6^s as will enable the people to keep up the ilate of government without feeling the burden of it ; %% There ihould be one form of government, as F I like ■M ',}': htjj .; ! : 'I I' |( ;:': I ill Wi'Si C 3« ] like * ; ofLole to that of Gr^^/ Britain j that is, the i'atp :s l.Jand; with a true middle legiflaiive power, appointed by the King for life, and feparate from tlic Privy Council: 3. There ihould be a certain and fuffi- cicnt civil lift laid upon perpetual funds, for the fup- port of all his Majefly*s officers; fo that they may no; ' be too much dependent upon the people: ^, The fe- Teral American governments {hould maintain fuch (land- ing forces as (hall be thought neceifary to be kept up in Jfnerica, as their quota of the general armament of the empire, by railing the fums requifite therefor, and paying the fame into the King's Treafury in Jmertca ; the numbers of men, and prpportiotis of the feveral governments, to be fettled by the Parliament of Great Britain: 5. There (liould be a foleran recognition of the fupremacy of the Parliament of Great Britain over the Arnerican governments ; which (hould be the firft a£V of each Legiflature after its new eftabli(hment, and be the condition of its aftivity: 6. There (hould be a ge- neral revifal of the laws of America, that they may be reduced, as near as poffible, to the ftandard of England^ and the adminiftration of government and law may b<3 rendered as fimilar thereto as well may be. You fee here, my Lord, a fcheme for fettling Amer rica ; which, I doubt not, will appear to be very extra- vagant. It may be fo ; but fuch alfo is the ftate of the country: extraordinary diforders require extraordinary weans of pure. It feems to me, that the governpfien; of Credit Britain never had, in any time, a more diffir A) 9V\\ C 37 ] cult bufinefs than what the Americans have now put into their hands. If therefore any fcheme can be propofed, which, by conftitutional means, will probably compofe the prefent diforders, and prevent the like for the fu- ture, it is worth attending to. For this purpofe, I have put thefe thoughts into writing, in an hafty manner ; for at prefent I can write no otherwife : and I communi- cate them to your Loroiliip, that, if you Ihould think they deferve a deliberate confideration, you may procure it for them. I (hall think myfelf very happy if I can contribute to the reftoring the peace of Americay and eftabliftiing the governments of it upon a conftitutional and permanent bafis, according to the foregoing or any other fyftem. The opportunities I have had of obferv- ing the policy and manners of many of the governments of North America, have afforded me a knowledge which plight be made ufeful if I could freely communicate it ; which cannot be done without my perfonal attendance. I fay this upon a prefumption that fome effe6^ual regu- lation of the government of America is like to be brought on the carpet : but, if nothing Is to be done but making peace with the Americans t and letting them go on in their own way, and according to their owr^ pptiofis, DO great confideration will be neceffary. -i :- ,t . t .• ; ;, I am, 6f^. ,' LETTER Ij ii ;i It ^iJ I!. I III iiiii'ii a! ihwi ,t:' [ 38 J r..''^' 1'". ,» T '•.II ({{r,. . • 11 LETTER X. To '•(• I Efqiiire. Dear Sir, .. .^; ^^^.,j,; Boftoffy Dec. 14, 1765. Doubt not but the prefent flatc of America will oc- calion a gre'.t diverfity and fome perplexity in the Councils of Great Britain, This mufl: {how a neceffity of regulating the Colonies effeftually without delay, and may give an opening to the confideration of fome propofals which have been heretofore difregarded. You may remember that, about a year and a half ago, I fcnt home a fmall argumentative piece, intituled, " Princi- *' ciples of Law and PoHtyy &c." I fent but four copies of it ; and as I knew you would haye the command of one or two of them, did not fend one direftly to you: as it was then taken no notice of, I fuppofe it is now entirely forgotten : and yet it is now worth while to revife it ; to fee how haftily thofe evils, which I fup- pofed then to be at no great diftance, have come upon us. The prefent diftrefles of the i^wmfjw governments are fatal and unhappy comments upon my work, fuch as I never defired to fee. A further delay of a Parlia- mentary regulation of the American governments,, and above all, afcertaining the nature of their fubordination, will, I fear, make the bufmefs irretrievable. When the Jmeriea?2s have actually acquired the power of defy- ing ijie larliament, which fome of ihcm vainly pretend .-1 [ 39 ] to now, a reparation will foon follow. The weak patchwork government of this country has no power to defer fuch an event one hour after the people have refoWed upon it, ^ • •• " * ■ ^' ^ 1 now lend you a copy of the Fr'mciplest ^c, and de- fire that you would again perufe it, and apply it to the prefent times. If you fliould think that it may be made ferviceable to the grand bufinefs in hand, you will ufe it to that purpofe, either by communication in manu- fcript, or, if it is like to be of general ufe, by printing. Having now looked over it at a year's diftance, I find no reafun to alter my opinion in any article, excepting in regard to the allowing the Americans Reprefentaiives in Parliament. I then confidersd this as a matter of indif- ference ; I do not think it fo now : it feems to rae, at this time, to be capable of being made an ufcful expe- dient, or rather a refined ftroke of policy. The chief argume vs of the Americans againft their being fubj eft to Afts of Parliament which impol'e in- land taxes (and it will hold equally good againft all other Afts of Parliament for the regulation of their in- ternal policy) is, that they are not reprefented in Par- liament. This is the Palladium of their caufe : but they have of late difcovered, that this is a dangerous argument ; for if the Parliament fiiould allow them to fend reprefentatives, they are concluded, and muft then be bound, by Ads of Parliament, according to their own principles. Therefore of late, when they ufe this ar- gument, they add, that fuch a reprefcntation is imp.raC'* ticable. rl ;;; 1 I' i '' : ' |iS:l C 40 ] ticable. Now it certainly is not ftri^^ly irtipraAicable ; though it may be difficult, inexpedient, or improper. But it feems to me, that it is both expedient and proper for the prefent time and purpofes. The Parliament muft now interpofe for regulating the policy of America, or clfc all things will run into confufio'* But if they pro- ceed to fuch regulations, whilft the Americans difpute their authority, what can be cxpe£ted but an enforced obedience, whilft the eeds of oppolition lie ready to flioot up in a proper feafon ? whereas, if the Parliament firft removes the pretence for tlic Colonies not being fubjcft to it, there can be no pretence for their difobe* diencc afterwards. -^-^ ^^^^"' -^ ■ "' ^^'^ ' ' Befides, if the Parliament fliould undertake fo imp6r- tant a work as the new modelling the gotemments in America, which feems to me to be at this tim^ unavoida- ble, it appears reafonable that the Colonies fliould have their Deputies in the Houfe, both to hear and to fpeak upon the fubjeft relating to them. If they were al- lowed this liberty (even though they did not accept ir, as probably fome of them would not) they could not complain of their rights being difpofed of without their being heard, as they do now. For a liberty of fending Reprefentatives would conclude them, whether they fent them or not. And this leads me fay, that 1 do not propofc American Reprefentatives as a perpetual cftabliihment, but only as a temporary ordinance. When the bufinefs is done, the governments new modelled^ their Legiflatures eflabliflied upon conditutional ^rinci^ •::. . pies ble; tpcr. or [pro- C 4' 3 pies and a permanent boitr -n, and a recognition of tht fupremacy of the Parliament of Great Britain, palTed the new Legiflatures as a (ird and conditional A£^, there will be no longer occafion for American Reprefentatives ; they may return and ferve in their own AiTcmbJies, which then may be as fcparate from that of Great Britain as that of Ireliind, I have made this letter longer than I intended *, in^ deed the fubjeft of it engages all my thoughts. I hope the prefent diforders of America will occafion fuch e2ec- tual meafures being taken, as will prevent the liivC for the future. The Stamp A£i feems to me to be like a fudden accident to an human body, which occaflons its flinging out fomc Intent difeafe, which, if it had been concealed much longer, would have been paft curing. I hope the State dodlors have difcovered this difeafe in time, and will apply proper remedies to it; they mult begin with palliatives, but they mull fearc^i it to the bottom before they haye done. ai liU' yx, '•%%*'. t»\ i*/ I am, ^c. mi ^*i%\ i ^>j u. 'J I ;Jin jUv'i I.- it LETTER I Mi'M IF I f 1 Pi If n't I II li m Si.' i • .€■■ .^^ I • ' -1 . , Jtt.;i'ii V.' ,>. -*i y. t 4^ 1 t E T T E R Xr. l-.vl To- ■p'/i _ — — Efquire. ■i' Sir, £oJo?i, Feb, 28, 1766. 'I'N my letter to your Hortor, dated January 25, I mentioned my opinion, that, wlienever an intermif- fion of the prefent troubles ihould allow of my abfeucc for part of a year, I could not be better employed, than by being ordered home, to make a report of the prefent ftate of this country. As the Alfembly is now broke up in tolerable good humour, the time feems favour- able to me to purfue the fame fubjeft ; and, from (hewing the neceffity of taking (bme extraordinary meafures for the regulation of the government of this country, evince the expediency of his Majefty's Minifters pKiCuring ihe moft precife information roncerning th*i prefent llatc of it ; that, by tracing the fources of the dilcafe, tliey may be more able to apply the mcli proper remedies to them* The Staiiip A£t is become in irfelf a matter of indif- ference; it is fwrdlowed up in the importance of the cfFefts of which it has been the caufe. The taxing the A?nencans by the Parliament, has brought their very fubieftion to the Crown o'l Great Britain in-qucftion. And as the relation between Great Britain and the Co- lonies has not only been never fettled, but fcarce e?er formally ;i.)!:i. c 43 : formally canvaffed, it is the lefs furprifing, that the ideas of it on one lide of the watw;r and on the other are fo widely different. To » econcile thefe, and to afcertain the nature of the fubjeftion of the Colonies to the Crown of Great Britain, will be a work of time and dimculty^ even though the Stamp Aft Ihould be removed to pave the way for it. ,., ..,- ;, ,; r ; f .;., . > This will be the cafe of the Royal Governments, even the bed of them j and in this government the Hoyal Authority will never recover itfelf again, without the intcrpofition of Great Britain, The people have fdlt their ftrength, and flatter themfelves that it is much greater than it is ; and will not, of their own accord, iubmit readily to any thing they do not like ; and there IS no internal principle of policy which can by any jiieans reftore the power of Government, and enforce a due fubordination. In this Province (which, though Royal in che appointment of a Governor, is deraocraiical :n all its other parrs, efpccially in, what is frequently regretted, the appointment of the Council) the fprings of Government are fo relaxed, that they can never re- cover their tone again by any power of their own. This is the general opinion of the wifeft and raoft re- fpeftable perfons in the Province, with whom I have talked upon this fubjeft. It is not fo difficult to determine whst fhall be done, as how to do it ; the faults of the conftituiion are ob- vious, but it is not fo clear how they Ihould be reme- died* For this pnrpofc it is highly proper, that as G a pcrfcft ir I B' I'm,' ii [ 44 3 perfect an idea zi the Government, the defe(3:s of its form, and the abufes of it fliould be obtained, as well can be had. This docs not cx>me wiihin the reach of cbmmon obfervers : it is to be acquired only by an at- tention on the fpot, with a power of examining it as S^eli by known rules of policy, as by comparifon with other ftates. This will be the bufmefs of but few, an4 of thofe only whdfe employment naturally leads them into it, and affords opportunity for it. ' f*^'* ■ ' " If his Majefty*s Minifters {hould think it neceffary to have a reprefentation of the prefent ftatc and exigen- cies of this Province from an eye-witnefs of its difor- ders, I could recommend no one for that purpofe fo well as myfelf. ! have well ftudied the fubjeft, with ^ clofe and interefting attention, for near fix years. As I came hither without any attachments to this form of government, other than the obligations I am tinder to obferve and maintain it whilfl: it is committed to me, I have been ufed to examine it fpeculatively with free- dom, and have not ihut my eyes to its faults and defir ciericies. From arguing upon the original unconftitu- ilohality of the Government, I am now brought to the obfervlng its extreme weakncfs, and great inability to aiifwer its own purpofes in a time of trial. In this I am not lingular ; the late commotions haye opened the eyes of ' i molt prudent and confidcrate, and have fliewn how much the preponderancy of the popular fcale tends to defeat the principal erids of Government^ C AS '] the peace of the ccuntry, and the good order of the t>eople«-'' ^'^'>'' -ti" j^***-* ,f^''**-**-^*-»' "Wair'. '•>/>• ■i(-'>|«i,i"f '■'•.,1''.''' ■,!:*'•■' The fubje£l-matters of thefe confiderations arc of a ▼cry delicate, as well as a very intcrefting nature. If there was no danget in treating them wich freedom, which is far from being the cafe with me, there would be no little difficulty, at this diftance from his Majefty's Councils, to diftinguifli on what points or queftions in- formations may be wanted. If this difficulty {houM be removed, ftill the other muft make a ftrong impreffion upon the mind of a prudent man. A reprefentation of the prefent ftate of this country, and the diforders of this government, under the hands of a refident in the -jnidft of it, would be a talk of fo much danger, that h muft neceflarily be executed with too much caution and feferve: whereas a communication in perfon would be free from thefe difficulties, and in all refpefts be more pffe£lual and cOnclufive. I have neither bufmefs nor pleafuic to call me to pngland; but I am defirous of being as ferviccnblc as poffible at this critical and dangerous time ; and 1 per- fuade myfelf (perhaps not without felf-flattery) that I ihould be moft fo in the quality of a Reporter of the prefent ftate of this coimtry. I have ftudicd the policy of America, on the fpor, for near eight years ; and have long ago forefeeo, that a difpute, concerning the na~ ture of its fubjedVion, muft neceflarily happen forae time or other, if not prevented by particular meafurcs for |ha; purpofb; Indeed, I did not expcA it would have [ 46 ] have been brought on fo foon, by many years : but per- haps it is happy for Great Britain, that it ha^ been thus accelerated. "^ 7^ ',-•*-,«♦ -^o .:?*■<: i n- '^ -s^.j.rj -^ir ' ' I fliall be proud to receive your Honor's commands vpon the aforementioned fubje£is; and 1 will beg leave to obferve, that, if they are to contain an order for me to proceed to England, it would be convenient, that fuch order (hould arrive as foon as well may be ; for, in fuch cafe, there will be no time to fpare for me to get to London at the beginning of the next winter. , , , . i«^ ik»-<-' * ; *^ i'>H*- a* v> ; In the laft feflion, the Council, taking into confidera- tion the aforementioned news-paper article, thought it proper that a reprcfentation fhould be made, to prevent this Province being fo far raifunderftood as to be ranged among the folicitors for paper-money; a fpecies of riches which they never defire again to acquire. For this pur- pofe, the Council endeavoured to engage the Houfe to join with them : but, the Houfe chufing to aft feparately, the Council proceeded to appoint a Committee to draw up a reprcfentation, to be tranfmitted by the governor to his Majefty's Miniftei*s. The inclofcd is the produce of this refolution, which I beg leave to fubmit to your Lordfliip, to be laid before his Majefty, if it fliall be thought proper. This remonftrance is founded only upon an apprehenfion of the mifchiefs that will arife to this Province by removing the prefent reftraints upon making paper-money within the adjoining Colonies: although the arguments ufed in it conclude againft the ufe of paper-money in general. The few obfervations I have to make upon this fubjeft, l^fliall apply to the general queft ion. '-»•- • ,■- "-^ .. •*.•=• •' ■ : ; 'I When ■PH t 48 ] When I fifft came to America as Governor of 'JV*ze^ Jerfeyf I was placed among paper-money the moll cre- ditable of any on the continent, never depreciated^ and accompanied ' with a fufficient quantity of fiWer fpecie f<3r external trade : and yet, through all this fair face» the ill cbnfcqaenccs of thofe emiffions were very sfppa- rekit at no great diflance. In the firft place, there was no obligation for redemption at a certain tim$, ootwith- Aanding ioArpdions to Go?ernors, and claufes 0^ bills \Xi .ffttrfu^oce thereof. For before any fett of bills were re4(B;(^able, another fett of bills were emitted, with the jafual claufeof their being a gjcneral tender. They there* fore were a tender at the.TreaAiry for the redemption of expired bills. In vain* thjsrefore, did. (he {Kt^e^or of bills read upon the iace of t.lj^m, thgt he^a& intitled to a certain quantity of filvcr; when he appijed fprjt, he might be told, that by fubfequent laws the, filfcc w^s turned into paper, and that he would have no ifight to infill upon being paid in filvjsr, whilft ai^fjr emiffion of bills remained unexpired. This was ge|>eraMy under- ftood to be the laW: but it was certainly not fp with re- gard to the poffeflbrs of the bills who were not fubjeds of the province, and therefore were not bound by the fubfcquent laws fubdituting new bills in li^ of the filver proraifed by old ones. , We read in the news-papers, that the merchants of London, who folicit for leave to emit paper-money, propofe that this paper-money fliall not be a ten- der for debts due to Britijh creditors. They are 7/' 2 lit .^. mm rrTfn i 49 n in the right to take care of theirifelvcs ; but they (hotitcl alfo have coniidered the propriety of their endeavouring to put others undet dangers and di^fficuUies which they proteft againft for themfelves. If thefe is no danger of the paper-money^ for t^hich they folicit, depreciating^ why won't they run the rifk of it ihemfeltes ? if ther^ li a danger, why will they folidi it ? if they Would pcr- fuade the Parliament to have cotifidenCe Jrt American paper-motiey, they fliduld ihew it in themfelves : but I believe every one will be for guarding agairift it as well as they catni If the Bfiiijh creditors are to be exempt* ed from the claufe of tender, they of Majfachufets Bay^ tvhich deals only in fpecie, have a right to expeft thd fame eXtfmptioni ; the colonies, whofe papet hai n'ot de- i)reciated, will expeft to be exempted from thit tvhidl ^s now in a£lual depreciation ; and, in ihe next (lep, each eolony Will reqtiire to be exempted from the paper -of all others : and, at length, as the circulation 'u con- tracted, and the credit impaired, the people will \money feems to lOe not to be taken notice of fo much as it deferves. It is this : When the currency is the only fpecie, it formi^ a kind of barometer, whofe rifing aud fajllng (how the people the increafe and decreafe of the general ftock« If they are carrying on a lofmg trade, or import more than their exports will pay for^ or live at a greater e»- pence than their income will bear, the want of cbAi gives them warning, and obliges tbem to attend to iu But where the currency b paper, ^ thac in pk|}ty» a people t V ,^A-. ki. ■p mmmmmmmmmm t 5« ) k people may gaper- money the negative power of riches ; it is doubly fo : it at firft occaiiods all the fpecie hi the country to be > carried out of it j and afterwards it creates a want ot an extraordinary quantity of fpede to pay the debts^ of - Ivhieh it bears the tcftimony. But after all that has been faid '^gaiinit paper-money^ I am fenfiblc that it is not fo eafy to tell how to get rid jof it, as it is to (hew its mifchievoufnefs, A colony ' who fets about changing their paper into a fpecie curr f rency without a lucky opportunity, fuch as the Majh' ^€hufets laid hold of, will have many difficulties to ftrug- Vgle with before they attain their end. But they mu(|i fucceed, if they perfevere ; for a balance of trade in their favor, and a proper ceconomy in their domeflic ^expences, ^mUfl produce an encreafe of fpecie, until i there is enough for the ordinary currency. But ths misfortune is. th^c the advantages propofed from fucU t Hz aa r 5» -3 Hn eCort are didant, and the inconvenieDcies anending ^ are immediate. People are too intent upon the prer fept ) they would have poflerity do fomething for them $ and by jthe means of paperrmoney they really elTe^l it^ Hence arife foUcitatiqns fpr paper-mpney, 6r(l founded on felf-interelt, apd ^fterward^ enlarged by conni^xions. But furely if people would look forward for a few years to come, they would che^fully fubmit to fome tempo- rary inconvenience, in order to rempve the accurfed thing from them| and fub^litute in its Head rcaj riches and true credit for all future time, I have, according (o the deiire ^nd expie£lation of the Council^ communicated to your Lordlhip my fentiments upon the fubjeift of the papers enclofed ; at the fame time I fubmit them. I have run into greater length than ^ intended ; but J hope the importance of the fub- jed, and the earneftnefs of this government to bear teflimony againfl paper 'inoneyi will excufe it. "s I am, ^f« i. » LETTER T^t'.f '.* "'W"»pp^ I 53 1 LETTER XIIL To tiie Lord Bojion, Jan, 2dt 1768. My Lord, IUnderftand that it is a prevaiiing opinion on your fide the ocean, that America, if let alone, will come to berfelf, and return to the fame fenfe of duty and obedience to Great Britain which Ihe profeffed before* But it feems to me, that difcerning and confiderate men on this fide the water expe£t no fuch thing. If indeed the ill temper of the Americans had arofe from acciden- tal caufes, and exercifed itfelf without meddling with fundamental principles, the caufe ceafing, the efTe^^s might alfo ceafe ; and the fubjed of complaint being removed, a perfed and durable conciliation might be reflored. But when the difpute has been carried fo far as to in- ▼olve in it matters of the higheft importa.ice to the im- perial Soverei^.ty \ when it has produced quellions which the Sovereign State cannot give up, and the De^ pendent States infift upon as the terms of a reconciliation ; when the Imperial State has fo far given way as to let the Dependent States flatter themfelves that their pretenfions are admiflible; whatever terms of Reconciliation time, , accident or defign may produce, if they are deficient in t fetti ing the true Relation of Great Britain to her Colo* nies, and afcertaining the bounds of the Sovereignty of - the t.54 ] . the one, and the Dependence of the other, Conciliation will be no more than a fufpenfion of animofity ; the feeds of which will be left in the ground ready to ftart up again whene?er there (hall be a new occafion for the Jmericans to affert their independence of the authority of Parliament ; riiat is, whenever the PtiHiament (hall make ordinances which the Atnericans ihall think not fot ihcir intereft to obey. It was eafy to be forefeen, that the diftin^ions ufed in Parliament in favor of the Americans^ would be adopted by them and received as fundamental laws. It would (ignify nothing by what nuniber thefe diilinc- tions were rejected : the refpeflablenefs of the names of the promoters of them, and the apparent intered of the Americans in maintaining them, would outweigh all authority q{ numbers for the contrary opinion. It was alfo to be forefeen, that the Americans would carry thefe diftin£lions mucb further ihan the promoters could pof- fibly intend they Ihould oc. '^ut yet they never gave me any concern; becaufe they carried their remedy with them : if they were hurtful to the conftitution, they had an antidote at hand ; and, like the ancient fpear, if they wounded the Sovereign ftate, they pro- duced a ruft to cure it. If the Parliament cannot tax tht Americans becaufe they are not reprefcmed, it may allow them Repiefentatives, aqd the authority is coRir ft plete. I have been ufed, and always difpofed, to fet a high value upon the wifdom oH ilatefmeoi perhaps fometimes . .. , . higher L 55 1 higher than it ma/ defer ve -, and I am ftill defirous ra- ther to err on that fide than the oppofite. When the great Mar« for whofe political abiliJes I then had and ftiil haYe the higheft reverence, founded his impeach- ment of the power of Partianunt to ta/s the Americans Vpon the want of American Reprefentatives, k appeared to me tp be a ftroke of refined policy. I confidered this difficulty to be (larted, in order to inforcc the oeceffity of allowing the Americans to fend Reprefentativ€S to Parliament. I confidered not only the advantages which might drife from fuch an ordinance for the prcfent, by iremoving all ob)e£Uons to the power of Parliament; but alfo the benefit which mud arife for the fature, by incorporating America with Great Britain in an Union, wh'ch niufl more efFcftually prevent a reparation than cun le provided by any other means. If this purpofe had been purfued to this conclnfion, the author of k would have, been defervedly efleeraed the benefa<%r of both countries. Without this conclufion, it is not eafy to fee how tliis contravention of the Authority of Pistr^ liament can be of fervicc to either. "-^ Let us (late the pofitions, urged in Parliamenf on the behalf of the Americans, and the ufe which has been made of them in America , and fee how far the chain of r^afoning can be extended. Ic was faid in Parlkmenr, thaj:^ I . The Parliament had nO' right to tax the i^^rr- *f!'r'"v? ^iif^-^/F^y ' --t.'V' A "gj'^'- J?..^ - ^gffmm •mtwii iwi««wwv"«w,w!pif">«BiiiB«wi|Mii!m ■ "i ■VU: m t 56 j the rcgtilation of trade. 3. The difference bet'weeri an €fnlf one wMch will fatisfy them. 'The truth is, that tbmigh the leadeif^>f the people fbt out with a Tiew ot oVaaning^a Reprefentation, and hare neyer loft light o^ hrl I it J •^'fimmi'-mm'mmm . wpifiii JiwluppilillPiilRipppfnpgp* tt; It has bttt Utely^ocfvirrp4 tQjtbe P^o{>]fia giqoeji^,^ tliat this may bp a pcobajble fiqnfcq^t^qi piii^eir if^j^{ iii^ the authority^ pfrP^tiiaipeafi.^ foifnjcr h^yc j^f^.r no obje£UoQ tQ: being HeprcCcat«Ltiy^;b^t tj^e pegplc^^ have not as yet feen tjhcir inijctef);,in{fjWcUngthe^ gjjtr; is from this difpplition inthe deinagojg^esy.as ]^\\ s^i from the fupport tncy received in Parliaments^^rj^i^ • upon the faine queilion^ th^t t^e^^^r/^^;^ h^e fp^n^fd atlthcir.ar^m^ptf^^^ on tlieirVant of i^eVclfe?^^ fMif ^.ftc^^Jj^ feparatin^ tiom^frmPaHia^ '^^Urni^i^m^m^ propofitian,,wjiich it p in thp |^)xrcr; .c^f ;% ^f?^i(^«i5 ^t pleaf^re to^cpnyerlf into thic fii^fianSjO^.inorp. cjq^^ i^niung tHem.^with It. \^. Sw p|t^a][,,jii^9r^ 9%4^^i two cQiuntr]cs,j(eeins ip.be eqwallyjpinn^^rftiQpd^ pn^bRij*! ildes^ofihc wate^.jl^^^ ^^^^ ,. .. -jj .noiifiJnr'/feTq?! Kti-i i will illiiflraw jliij^aiCCQi^l of thf^^jd^ pf Jthc ^Iffla /tcaruhy a fr?ih jaft. At ;hc op^nji^ig^^ »?!*« PF«flf : SelJion pf the ^ffcrahlj^ o^.thjs^ProvinfCj.^^^M^ who^had diftmguiihed,^ ^miTelf Jiy. cafcryiogc^ th^ «^^^^^^ ^j^/^ a^iicr.CoU)^ ahci; was cop vmc^cL jh^ the, fow^^ of^^Zff/ff ;^y q^, her Colonies was apfojijte, ,witJtC,;lb]i5[q|jjji^9^ei jt^f t>ey might notj^ta^ ^W ?flfWf^srtJf"*[l9^^,|3|^ jf|4^ ,wq)|U create infinite diiiuuilties, > i ; .; •* 1 i ,'o Upon the wholei ray honi, if tbore was no ncee€;f for the appoin^mcm oi4tt*frican Riqpt^ewauJr^ (w^di ^. t think iherc.iijW that my pre%>g) ?l>c ideatifa greatly cnlafgcs-p^y tIcw of t^e gT3fidjCwr,pf the J{ri^# f^ffffifp' Ao^Ji if xhifrc is any^/^ pie^e^, whicj^ Xurel^ W«ot ,^ -loo fsucK gnandetfi againft, it firi^m? tf) jji^ t|]^at noting 4;ao |p tfkBn^Wft provide f g^pft (p, f^ an ^jm^ as tMndifig ^€ Cpio* , nie^.lP ^be |^ather'Co^nt^y by.^;^ incorporaipg Ui^lt and giving -tHcnVw^; ft»re ij^ thjB Spvfiif ign Legtfla(ur^«i^f If .t^i| liras^f)ne,,^h«^c.x»^ 4i^(^ s^bout the x}^}$ and pri v ijege? qf , ^merUm in. co^tr^ j^iop «>> ^ ihofp of Brims i. att4;a»J oppofition by^rce to the Qo»f vernment of Great £rii4iiH wqv\^ have but one naifie^na And then \ve.pii§ht,P^pe^ a tengey dwraiioo to tha^# entire i?/7/4(^ A^/r^p than dclpondjng politicians aii|«^ xyiiling to prpnijfi^ jic th^p|:ef?P.t IJi^j and in its pre^^i^ ■' Jtst- *' jy ..i.-,,» .. ^4, i ■■:...'■-' • ' ■': .'M^ .■ , ,.,., .,■<:->■■ ...... r.»:.ii. •;.,.M^ •'?•«?! t <» J ...:■ L £ 7 T B R XlV^cd-r m vM^t^^ , -^f ^^^^ — Efijuire. Pear Sir, i?^(»i, Seft. ze, 1769* TH AVE recdved both y«ur kind letters, of Jufy ^Hh ^ andjoth, and am much obliged to you for f^t friendly |>rolieflbiit of an attendiNi to imy intereih. I am fen^Ue that you ne?er bife beeti without it; and muft congratulate myfelf, that you ftre pkosd ih k ititidili which will afford you frequent d^rtonity of dcereifiu^ your regand former j. .^ * .. 1.;,. .-; i The hmt you have ghreti ni« iit Wf if^^Sbj^iii want Confidence in GoTernmenc, has be^ pilrt^' es^*' plained in fome prifate letters, which hlVe bisen coii« mnnicated to me. I learn that my Speechi irfy Aiifwtr to the town, my gifing way to tht populace^ l|ec. bafe done me much injury, fo that my want of fpblt^ in conducing the new meafures, is much fufpeded. As' ior my Speech (I know not which is meant) and itiy Aii^ fwer to the town, I would ask what Ck>nceJ[Iions bate I nade that I ought not to have done? or what elfe it blameable in them, except ufing civil words? and of what fer?ice, at that time, wouki have been tlile ufi^ 6f hacih words .^ As for giving way to the popidice (il^ whofe hands, be it obferved, I have been lefr. for itboW ihreci ypars) I would again a/k, what have, I given up >«.. "MPimaiillP** ^^mmmmmmmmm'i^mmm'ii^ to them that 1 could mamtain? and how would irhave feryed his Majefty's caufe, for me to have provoked the people, in whofe^^^finrei^l ^as^^ tS tiliv^ knocked me on the head, or drove me out of town? They, who in'fpWiriyWant of fprrirj fliould go back to the latter end of the year 17^5, and t|)eibegj|);ming aSa^greiftcr part of 1766; when my frirtid* iin'vain cn- #^v^W54 I9r. perfl^^de fnc. «o confiai)«j& ;Safe\y at! tffi «^g^qe;pfiiny I^vty>s let tbeiti read tny Spee^h:oii O&eber f5y .#t7:^«Pf which ^^youtcnaitt GoTdrnbrfiid fjmef ij^ afjt^, that* ^c^'^af'^fpsi^zed toieeL?ide iii^iheiPro* "fj^iBf/^ Jpt^ liter I hadMifade that '^techr« In this %iip^^^^dud^l:peH^bl till I foundl it diditiot iigre6 with the Syftem at home, which required' Itoienrme^v pfC%(^.(o(i f^c^s |&:b?ii)g' about Conciliation wtth- QU^ (^f7;<^i9n« {I jk^t^w, that this wbuld not do .with the p|pp^&I,h4d.tj:t <^c^> with,: but I could not'difpute abouc i^ .^pdvQpvf the %il«m \$ changed, and fpirired :a)eaA ft^es ar^ foun4 ii^ce^ary, why ihould it,]»efuppofed* ^t4.^Aot re-afTume fuch a cdndiidi. under' the* afiit^i i^a^ce of being fiipported, when I fo readily }^'uinedic> VP9J1 my, own i^gelnent only, withbiit knowing whas^ ^cr J( ih^uld be- fupported or not ? All tIifijrea£>DiI xm^ (^e^lor fuch ^ fafpicton* is, that I was not,l at the^ds^ tf^ctrjf^ 390P ,xi>ileSf acquainted ,with; th«' poHtioit 4^>9i?n^^ thciiip^ It took.^lace in London^ vad condw i}p^-,lf P^upon rther^;^y(|^befQce Evtas well ia^l ffffBfucJL pfi ihjf R§W!QW* ; • Ji^wn-ykfo li ^^''^.^ni isfjoriw ;:rir'T t'!-ow \ .a-Ti>-f J^lrtl m mmimmmmi • mw.wym" wmmifm^ L <3 1 1 am indeed a good deal worn with my former fcr- rice, which has been feverc and difpiriting for three ye^rs pad ; and I had expectation that I was even now ^oing to receive my reward^ in being placed in a flation where I ftiould have heahh, peace, and competence. I carried my expectation fo far, as to engage a cabbin, and fix upon a day for embarking. But fince the King's fervice requires that I ihould continue here In further >aClion, I fubmit chearfully to my deftination } and hope I have fbrength enough to ferve another campaign. If the difpute lads much longer, it will be too much for 5ae. I therefore hope that my Lord — ^'s kind intentions towards me will be kept alive, till they have tlieir fuUeSc^Sy an4 that at no great diilance of time. I an?, 6fr. iWS»,!i"»"'" ■■"-. ""WTsnupmmiBiipi HI 11 II wvimmmmmmmmg/fKliiiigilltlKi ( *■ :i',|Olf ln:i ■ : : .-';■■'> ■■'-, ■:■• '. ' v ',ii UTS'JJU, ' ,, -Ui <• # f . ■ *■ -■■-^-*'' i.. '~' ■ .. . .%■ ; i . ; .'V -ilia ■ .,-;'".j,jt i :f :B.i;> ^fll^: t' ■>.* /.V >»,>*.■, ,-. «f - % Jrt. t,ff« .'-itl"!*^ ?■»■♦-■<« *fc.^-A'rt •■*^,V' ' f. i Ji -Ml V r-ummimmmm ^^wmmm II" J ll^iWiwPIW^IPW^W- 1 JJJW PRINCIPLES O F LAW AND POLITY, A P P t it D TO THE GOVERNMENT of tbc BRITISH COLONIES t n A M E I A- Written in the Year 1764, *^^* This is the Effay mentioned in tlie Letters VL and VIL ^i r:S *•■ mmmmmmmfn Z. i. 1 q 1 T rf . .YT IJO'L .1. r W.A I :: y* re; a:i!>:o,!Oj H^rti *,(*»•/> V li :aO 3 :i M • t.drt mi^Y ^iii m n-itth^^/ -^.'^ .;^ bnohnsjn YiJai 2^:5 ^:.i ^iui .ilV fcc5 i'/iJi&»aJl 'M ^R F .'1. .0 a: #r fe "I .' Irt the Yedt iffi^i 1v;*>', f/. toai JCJL I' ^ tlic prefentwialtti, power, diid ^-^^ tenfidn df the J?hV/)^ Em^fre is arairmlng ap Wdi lis pleaifi«g : ^etantiot but be conefcirhej fbr the {(abtlr^y of a fabrick built 6n To disjoiilted foiiodatlons, i^tld raif^ ^d to ib g^eat a height; and miift hi cbhviiiced tj^at it ^ill require much political /kill tbredurejti duration; Tlie mdft obVioiis means to effc£^ this, muft be ah Utif^h ofthefereralpaftscif this Tsiftbddy; and efp^^tially a' * • .1.1 J ■ ' ' ' i ' >j I Connexion between the Seat of Einpire and its Depeii* dendes; a Connexion not credt and interefts, lue \\k€ to interpofe. Senfible of this, and (tudious only of Truth and Utility, the writer haa avoidN Reclamation, and kept clofe to argument. He has reduced his whole fub- j©a into a fet of proppfitioos; bcgiqning with firft prin- ciples which are felf-evident, proceediog tp propolitiOni capable dfpofitlfe. proof, and defcendio^^ to hypothcTci which are to be determined, by degrees ;o£ jprpbability^ only.- Xhis was intended «o be-a.pejff^A.chaipVjthc^ avoiding of prolixity i^ the caufe wl^y it is^potio;, where any links 0)ail appear ;(^ be ^aoung^^he j,udicipa« reader will eaHly fupply thern^ The advantages pfthi$ kipdof writing are obvious; , by feeing i^ie..principlcs an4i|t^ rea^ninj; of the ar^aiems laid before .hiii> articulately, the ^e^der tan more.-precifely determine what to aiTent^ ^o, and what to d(;Qy^; and the writer^ if he fliould apr pear B be miilaken, yfi\\ haye tl;|^ merit of contributing; to his own convi£Uon»., • .:,^ . ; . - ^. '^Thc prefeijt ^5fPf teion, that anew Begulatioaof the Amrican Go^cTnn^ja\i will foon t^ke place, probably arifi^s! more from, the opinion the public ha^ of the abi- li;ties'of the prefcpt Mmiftry, than from .any thing .thart ijias tranfpired fr^^m the Cabinet: it cannpt befuppofcd (hat their penetration iQan overlook the neceility of fuph a Regulation, nor their public fpirit fail to carry it in;q 5;cecution. But jt may be a queftion,. whether the pre- lenjt isaprojper^i^e/cx^^t^^ urgent h^fin Bcfs may ftaod before i( ; -fome preparatory fteps may be ipp hi C ^ 3 required to precede it; caution nnd deliberation may retard it: but tbefe will only ferve to poflpone. As Vft may expe£V that this Reformation, like all others, will be oppofed by powerful prejudices, it may not be amifs to reafon with them at leifurc, and endeavour to » take off their force before they become oppofed to Go- yernment. P R I N C I- ^^y'!l'??''^PPf!f?Wi?SiS»^^ - I'll INIUMIH V ■ 2 A -t'rtof^/M'i 'oj^ tv? ril vino tiW -rhjit Sffd ;n,fcii;j:ji ■A: '■* " a. \\ If •<>,• •> */t- ^ . (■ ■O^j:* «l»«li»)l,|illi,li«ni!>iilii J).|W!|il.J,LlllJl*l|liUJIf«J"irMiKW«JIM'W'->'''^ /, ■ * < |> R I N C I P L E S .: '..xv.C-^v/l '■: O F ; ■' I :-^ ,^: iikiij ,.n'.>?]ii>'/ Law and polity. J i. i-y J i< -t .i'j J.;' :.'i; T T* >'i ..> :; .(- 1'/ ,.j}i7r'^ ?;:,j 7-"J*?.:^fj/// have been, and Irelafid may be. , iz. Siuch,an union is not nectary to the generality of the BritiJIj external dominions; but.it may be expe- di^t withmoftof'thcm. ,.^^, ,,^ uo.nmxa .at .?. „j, 11. TJtif (Sxtemal^JvV/y^ doipinions, wiihouj: fuch an onion, are fubordinate to and dfpqndep,t upon the King- dom ■''.,**^'.^f P*f;!vf?wy^rr^- r 73 3 dom of Great Britain, and muft derive fiota thence all their powers of legiflation and jurifdiftion. , 14. Legiflation is not neceflary to an external and de- pendent government; jurifdiftion is neceflajry and effen- tial to it. Therefore, ^ ,. . . 15. A feparate Legiflation is not an abfolute right of Britijh fubjefts refiding out of the feat of Empire; it may or may not be allowed, and has or has not been granted, according to the circumfl:ances of the commu- nity. 16. Where it is granted or allowed, it muft be exer- cifed in fubordination to the Sovereign power from whom it is derived. . ^, 17. No grant of the power of Legiflation to a depen- dent government, whether it comes from the King alone, or from the Pariiamenty can preclude the Parliament of Great Britain from interfering in fuch dependent go- vernment, at fuch time and in fuch n^anner as they £ba]l think fit. Becaufe, 18. Though the King can do a^s to bind himfelf and his fuccefl^^rs, he cannot bind the Parliament •, nor can the Parliament bind their fucceflbrs, nor even them- felves. 19. It is the King*s prerogative to provide for the a^^lminiftration of juftice in general, according to law. 20. In places to which the ordinary adminiftraiion of juftice does not extend, the King has a right to make extraordinary proviflon for it, fo that fuch provifioa be C 74 ] as conformable to the laws as the cafe will permit. ^e?crthelels, v - ',. - ;• - *;Uj>) \ 2 1 . It is the right of the Parliament ^ by its fupremis power of Icgiflation and fuperiniendency, to adjuft and fettle finally the powers and modes of jurifdiftion, Therefbre, - .;.o^m> 2 2, The new jurifdiftions eflablilhed by the King^ until they are confirmed by 'Parliament, are only tem^ pprary provifions. 23. The King has a right to grant to private perfons goods or lands which have been acquired by, or have fallen to the general eft ate, fo that fuch grants be agree- able to law; in which cafe, they are prefpmed to be bc- peficial to the community. . ^- 24. Such grants may be enquired into legally by the .(Courts of law, and difcretionally by the Parliament \ and if they (hall be found to be illegal, exorbitant, or preju- dicial to the community, they may be avoided, ppon ^ prefumption that the King was deceived. 25. A grant upon a condition performed, or to be - performed, is a grant upon a valuable confideration : if the condition is performed, the grantee becomes a purr chafer for value j if it \% not performed, the grant is void, '■ ' 26. Jurifdiftion, being a matter of public trufl, and not of private property, cannot be claimed as granted for a valuable confideration. 27. If a grantee profeflps to hold a jurifdiflion as a property yielding profit, he proves that he ought not to »■•» hold ■i*jv»^ftfflp,ii!,i"j;ii»jp" TW^WW iibld it; as the profit muft arife from fomething or otHcr prejudicial to the public ; for whofe fake only jurifdic* tions are or ought to be created or exercifed* 28. Where the King grants jurifdiftiort and lands in one grant, they are in law two feparate grants^ as they are to be judged by feparate and didinfl principles} and the grant of the one may be Yalid^ and of the other Void or voidable. 19. The rule that a Britijh fubjee a?^li«d to the ufe of the people, from whom they are rai^u 32. The FarU^ment of Great Briiain has a right and a di«* to take care to provide for the defence of the u^maican colonics; efpccially as fuch colonies are un- able to defend thcmlelves. ^. The Parliament of Great Britain has a right and a dety to take care that provifion be made for a fufficient i^lport of the American governments. Becaufe, L 2 34. The IP C 16 3 34* The fupport of the Government is one of the principal conditions upon which a colony is allowed the power of Lcgiflation. Alfo, bccaufe ■-■^'l ^5, Some of the American Colonies have (hewn them- felves deficient in the fupport of their feveral Govern- ments> both as to iufficiency and independency. ^ 35. The Colonics ought, fo far as they are able, to pay the charge of the fupport of their own Govern- ments, and of their own defence. 37. The defence of the American Colonies, being now almoft wholly a fea fervicc, is connefted with the defence of trade. Therefore, . -^^^— * .. m . -v 38. Duties upon imports and exports, make the moil proper funds for the expences of fuch defence. And 39. It being the proper bufmefs of the Parliament of Great Britain, to eflablifli and determine the neceffary regulations and reftriftions of the trade of their exter- nal dominions ; and the duties upon the American im- ports and exports being interwove with the regulations and reftriftions of trade ; the impofition of fuch Duties is the proper bufinefs of the Pariiament, 40. The port duties being mod properly applicable to the defence of the Colonies, it rer lains that the /up- port of the Governments be provided for by internal duties. 41. The fund for the defence of the country, and thofe for the fupport of the Governments, fhould be kept feparate ; becaufe the former relates to the gene* h f( ti n ri tc B is tc tc •!i ii r if 'I ■;!lii,iiiwi>'^R^I.ia.niii|j«^IJl|l|(qi;i!iiij^i [ 77 ] ral whole of the country, and the latter to the particu- lar diviGons of it. 42 . The fund for the defence of the country (hould be kept entire, becaufe it mud be applied to the de- fence of fuch parts as fhall have rnofi: need of it, with- out any regard to the particular divifions of the coun- try. I 43. The fevcral funds for the fupport of the Govern- ments ought to be kept feparate: otherwife money, raifed by internal taxes in one Province* may be applied to the fupport of the Government of another ; which feems not to be equitable. 44. Although the right of the nament of Great Britain^ to raile taxes in any parts ot the Britijh Empire^ is not to be difputed ; yet it would be mod advifeable to leave to the Provincial LegiAatures the railing the in- ternal taxes. 45. If the fums required were fixed, there would be no inconvenience in letting the Provincial Legiflature de- termine the manner in which they (hall be raifed. 46. It will be more ag ;eable to the people, that the neceflary internal taxes (hould be railed by the Provin- cial Legiflatures ; as they will be mod able to confult the particular convenience of their refpeo^ive provinces. Whereas, - . 47. It may be difficult to form a general Parliamen- tary tax, fo as to make it equally fuitabie to all Pro- vinces. ...\ 48. U I? iS C 78 ] 48. It would make it more agreeable to the people'^ though the Aim to be raifed was prefcribed, to leave the jBethod of taxation to their own Legiflatnre. ~ : ";,r 49. If the Pl'ovincial Lcgiflatures ihould refufe to raifcf the fums required for the fupport of Government, or ihould iniift upon doing it by improper means, the Far^ liament might then take the bulinefs into their own hands. 50i But it is moft probable that the people Would a;c- quiefce in this meafure, and would foon be reconciled 10 it, when they obfervcd the good effefts of a certain and adequate eftablifliment for the fupport of Govern- ment. For ■ ^ -•' ( V-i-. • '; 51. The want of fuch an efhWlihrnent has had bad confequences in many of the Governments of the Ame- rkan colonies, and has contributed more than all other things put together, to contention in the legilla:ture, and defeft of juftice in the courts of law. Therefore, 52. The eftablifliment of a certain, fuffiiient, and in- dependent Civil Lift, is not only expedient, but necef- fary to the welfare of the American Colonies. % ,' v 53. Such an appointment will tend* greatly tarettiove all the feeds of contention, and to promote a laftin^ har- mony and. good underftanding between the Gbverj)toefft and the people. ' ^ ' 54. The People of the Colonies ought not tto objisft fB fuch' an appointment, becaufe the fupport of Govern- ment is one of the terms upon which they have received the ■piiiwiRf|.in wiijipmpM iiiiiji) i C 79 I the power of Legiflation ; and, if the Government is not Supported, the legiflation muft ccafe : and becaufe • 55, The Support of Government ought to be certain and fufficient ; otherwife the execution of k will be un- certain, and its powers infufficient for its purpofes* 56. The Govermnent ought tiot to be dependent upon the people j and the particular meaws ufed in Ibrac of the Colonies to keep their Governments dependent, and the ufe which has been made of fuch dependency, afford ample proofs that they ought not to be fo. ii »>t .,a $y. The right of a people, in a Legiflative Colony, to judge of the expediency of extraordinary and contingent expences, does not conclude for the fame right as to, the ordinary and neceffary ejfpences; becaufe i^'^ ,^ --st 58, The former muft be ever uncertain, the latter piay be reduced to a certainty ; the one concerns the welfare only of the Colony, the other the very exiftencc ^s a feparate ftate, 59. The fubjeftsof the Britijh Empire, refiding in its external dominions, are intitled to all the rights and privileges of Britjjh Aibjeds, which they are capable of enjoying. '. ■ • . ' ' " 60. There are fome rights and privileges which the ^ritijh fubjeds, in the external dominions, arc not equally capable of enjoying with thofe refiding in Gr^^l firitain, 6 1, The right of having a (hare in the Imperial Lc- giflature, is one of thefe incapacities in thofe external ^ominions> where a reprefentation is impradicable. 62. A A [ 80 3 62. A Rcprefentation of the American Colonics in the Imperial Legiilature is not impra6licable : and therefore, 63. The propriety of a Reprefcntation of the Ameri^ can Colonies in the Imperial Legiflature^ mud be deter- mined by expediency only. 64. A Reprefcntation of the American Colonies, in the Imperial LegiQature, is not neceflary to eflablifh the authority of the Parliament over the Colonics. But 65. It may be expedient for quieting difputes concer- ning fuch authority, and preventing a reparation in fu- ture times. 66. The expediency of American Legiflatures, does not arife from the want of their having Reprefentatives in the Imperial Legiilature. 67. If the American Colonies had Reprefentatives in Parliament, ftill there would be an occafion for provin- cial Legiflatures, for their domeftic oeconomy, and the fupport of their Governments. But 68. All external Legiflatures muft be fubje£t to, and dependent on> the Imperial Legiflature : otherwife there would be an Empire in an Empire, '"'"'' 69. Some external States are incapable of a Legifla- ture ; which has often been the cafe of infant Colonies, Therefore, 70. The fame form of Government is not equally proper to a Colony in its infant and in its mature ftate. ' ^ vi 7 .:M'.n:;- kn( me I 71. There t 8t 3 • .71. There may be a middle flatc between irifancy knd maturity, which may admit of a form of Govern- ment more proper for it than either of the extremes. \f]2. There is but one mofl perfeft form of Govern* mcnt for Provinces arrived at maturity^ > j, , T .73. That is the mod perfeft form of Government for a dependent province^ which approaches the neireft to that of ihe/overeign ftate, and difiers from it as little as poflible* . 74. There is no fuch form of Government among the Americ/jn Colonies* And therefort , , ,, -^.r.»- ; : I, American Government is capable of having its C. -'i.ion altered for the better. ^ r. .*.• ^ ^w 6. i .e Grants of the powers of Governments to Anu.^.jn cc'onies by charters, cannot be underftood to be intended for other tl^an their infant or growing ftates. ' 77. They cannot be intei, d for their mature ftate, that is, forpepetuicyj becauit they arc in many things unconftitutionai and contrary to the '•'ery nature of a Britijh Government. The refore, ,; j ; ; ■ , ^ , , ; > ,,78. They muft be confide :d as defigned only as tem- porary means, for fetdrng ai^d bringing forward the peopling the colonies ; which being effected, the caufc of the peculiarity of their conilitution ceafes. ■- , 79. If the Char'i.i .. can be pleaded againft the autho- rity of I^arliament, th *y amount to an alienation of the dominions of Gr^(•: 91. To fettle the American governments to the greatcft poflible advantage, it will be neceflary to re- duce the numbsr of them ; in fome places to unite and ^onfolidate i in others to fepurate and transfer ; and in ... ]M 2 general I- *, "ipppifl UPWW ^tm^wm^^m^^^mmm ^^^mmmmmummm t 84 1 general to dividle by natural bon[iadaines mftoad of 'in^s^^ ginafy fines. •>''i ,-U.^^-:i»U.^l xiiaqo'i.j a-j/' «;i ^woc -jioaw - 5)2^ If th'efe"^(hifUld tie Woi^foim of' ^'"^ ji.f • • .^ :'v ./ • •'^'^•''No^^J^<^**'"*^"8^* to 4riffig' people, fubjeift to one /C/wf and -one Lazv, alid all equally fit for one form of Governw ment. g$. The Aitiet'Um eolonies,; in genera^ are at this time arrived at that fttite, whidh quatifiei thein tc re- ceive the mod pcrfe*^ form of g<3vernment, which their fittiation and relation to Great Britam miake them capar ble of. .0: brfitrji 96. The people of Norih Ainerkai at this time, cxDe(fl a revifal and reformation of the Atnencan Go- vernments, and are better difpofed to fubmit to it thaq ever tl^ey were, or perhaps ever will be again. ' 97. This w +.4 mmmim ■■■IP fm 97. This is :herefore the proper and critical time to reform the American governments upon a gc , ^1 r'*-" m^^m -0 ''X- ' ' * , t-^ • ,».,*. ^v, C 87 ) SINCE tbefe letters went to the prefs, there have been publi(hed, •* The Letters j^^vvVjiVs. •• ol ^£ (O^r. t;i/;o{ iJ|5;>l «uorf;. \.h.^s*->V 7«ixr!')'«'oi^> to uiJf *irn>> 3f{l3o Hii^l^fi 'jiTj tOr>T.ii; -.".;'»';* hi/, iiii fl.si//<\>u'- !f-(>iteirim'>rt Mi atjiirioi 2-ssi3.ar.;j;( C 8!i ] PETITION .^/>;'^ •>i"., o t ;m{ The Housft of RfipftESENtAtiviis -'- • -■■'■■' of Majfdchufet" 5 Bay - - "' >';':>j*1 <»"■ »;; «; .* >,* • f.ff (Icu :;■. il^Jn'Jriqjil :>r[? i;. /tvll 2b/. :.|'ftL,<| ^fiJO'uHft t d :":j!r:,>}I r-^.' !v,'r;.i,f("??5i'^'jri'|-i vii'fuvi -ru'I ;>; ■ ^ ,. ,{* .£ .mrji^r. !>:»;< » ^1 \ I * J the KING^s Moft Excelient MAjEsty- 5 l-'jfbw./.:. '' Moft Gracious SoVerelgri, "' ' WE your Majcfty's moft diitifiii iiid faithful fubjc^s the Repref^ntaiives of your ancient and loyal Colony of the Mafachufet*s Bay; imprefled il/iih the dcepeft gratitude to Almighty God, for calling to the Britijh Succeffion your illuftrious Family; and fo firmly eftablifhing your Majefty on the throne -i- ^ N .of M 1 i i J [90 ] of your Royal Progenitors ; and being abundantly con- vinced of your Majcfty's grace and clemency; moH humbly implore the Royal favor, while we briefly rc- prefent our grievances, which your Majefty alone under God can redrefs. *? We are conftrarned in duty to your Majefty, and in fjrfthfulnefs to our Conftituents, to lay before your Majefty our complaints of his Excellency Sir Francis Bernard, Baronet, your Majefty*s Governor of this Co- lony, whofe whole Admlniftration appears to have been repugnant not only to your Majefty's fervice, and the welfare of your fub}e£ls in the Colony^ but even to the fir ft principles of the Britijh Conftitution. 1 . From his firft arrival here, he has in his Speeches and other public A£ts treated the Reprefentative body with contempt. r, y 2. He has in his public Speeches charged both Houfes of the General Affembly exprefsly with oppugnation againll the Royal Authority; declaring that they had left Gentlemen out of the Council only for their fidelity to the Crown. g. He has from time to time indifcreetly and wantonly cxercifed the prerogative of the Crown, in the repeated negative of Counfellors of an unblemiflied reputation, and duly clewed by a great majority ; fome of them by tj^e Itioanimous fuffrage of both Houfes of Affembly. ■ - ' 4. He has declared that certain feats at the Council board ftiall be kept vacant, 'till certain GeodemeDj wb(^ ire his favourites, (hall be re- ele^ed. --3 '^ 5. He C 9t ] ,-...., . ^" 5. He has unconftitutionally interfered with and un- duly influenced elections, particularly in the choice of an Agent for the Coiony. * 6. He has abruptly difplaced divers Gentlemen of worth, for no apparent rcafon, but becaufe they voted in the General AfTembly with freedom and againd his meafures. . . , . . s , ,^ ^■ 7. He has m an imwammable marine? tatteh iipon himfelf the exercife of your Majefty's Royal Preropaiive, in granting a charter for a College 1 contrary to an ex- pr^fs'vote of the Houfe of Reprefentatives, and without even a/king the advice of your Majefty*s Council. 8. He has praftifcd fending over depofitions to the Minlftry, privately taken againft Gentlemen ofcharafter here, without giving the perfons accufed the leaft notice of his purpofes and proceedings. 9. He has very injurioufly reprefented your Majefty's loving fubjefts of this Colony, in general, as having an ill temper prevailing amongft them; as difaf!e£led to your Majefty*s Government, and intending to bring the authority of Parliament into contempt. And, by fuch falfc reprefentations, he has been greatly inftrumental, as this Houfe humbly conceive, in exciting jealoulies, and difturbing that harmony and mutual affe^lipn which before happily fubfifted, and we pray God may again fubfiil, between your Majefty's fubjefts in Great Britain and America, , , . 10. He has, in his letters to one of your Majefty's Miniftcrs, unjoftly charged the majority of your Ma- V -*" ' N 2 jefty's C 9» 3 j;efty'9 faithful Council in the Colony with ha?ing avowed the principles of oppofition to the authority of Parlia,- ment, and afled in concert wi^h a party f^om whencp fuch oppofition originate^. l\h'- a II. He has alfo, in his letter to anpther of yoi^r Majefty's Miniftprs, falfcly declared that a plan w^s laid, and a number of men aftually inrolled in the town of Bqfton, to feize youp Majefty*8 Caftle William^ in thp harbour of the fame, put of yoi^r Majefly'$ h^nds*. . 12. Such Reprefe-.tatioi^s gf the fl^te and circuto.- ftances of this Cplpny, frpm a Qentiem^n pf tfie Jiigheft truft in it, will of neceflity be reppived with full Cjredit, till they are made to appear falfe. ^ud in conf|?quence, thereof, your Majefty's tr^e and loyal fubje^s have fuf- fered the reproach as well as pphcr hard(hip§ of having a military force ftationed here, to fjupport your Majefty's authority, and the execution of the la\y^ ; >yhich mea- fure has been approved pf by your Majefty's twp Houfes of Parliament, a^ appears in their refolution^. That the town of Boflon has been in a ftate pf diforder and confufion ; and that the circqmftances of the Colony were fuch as required a military force for ^he purpofes abovementioned. - ^,:,,.., ^ uLim«r( ^,k^4 s>fn, .. '! 13. Having been a principal inftrument, as we ap- prehend, in procuring thi? military force, your Majefty's (aid Governor, in an unprecefdented ipanner, and as though he had defigned to irritate to the higheft de- gree, ordered the very room which i$ appropriated for the meeting of the Reprcfcntativcs of the General Af- , . / - ^ fembly, •^ "- : - ■ .1".'. 1 ■. . . -J C 93 D Ce;i9bly, which was neyer ufed for any other pnrpofe, jand where their Records are kepr, to be employed at & (barrack for the commoa foldiers : and the centineU were fo pofted* as that your Majefly's Council^ and the Jijifticie^ pf the cpj^rt of common law, were daily inter- f upted, and even challenged, in their proceeding to the ib^lioefs of ilieir feveral departments. lovu:ri3L ^tlltnlif 14. He endeavoured, contrary, to the exprefs.deiigii of an Aft of Parliament, to quarter your Majefty*s troops in the body of the tjown of Bq/ion, while th«j barracks, provided by the Government at the Caflle, withip the Town, remained ufelefs ; and, |pr purpofes ipaqjfeftlj ^ ' ' '•111' evafiye of the faid A^, he, unwarrantably appointed an officer to provide quarters for the ^rppps, otherwlfe than I |s therein prefcribcd. - ...,*/ .;*v ..... ^5. After haying diiTplved the Genera) AfTen^bly at a Eioft critical feafon, and while they were employed in ^he mod neceffary and important bufinefs, he arbitrarily fefufed to ca)l another for the fpace of ten months, and until the time appointed in the Royal Charter for the calling ^ General Affembly, againft the repeated and dutiful petitions of the people. 1 6. It appears by his letters to the Earl of Hllljbo' rough, your Majefly*s Secretary of State, that he has .endeavoured to overthrow *he prcfent conftitution of Government in this Colony, and to have the people deprived of their invaluable Charter Rights, which they ^d their aacellors haye happily enjoyed under your Majefty's ij ,1 ■*.> C 94 3 J^ajefty's admlniftr^tion, and thofe of your Royal Pre- .deceilbrs»qa:u :h> ox t^q-a v.'i. -•- x^-^ii i.^i.n- . rMu iz-w.^ : 1 7« By thj means afordfaid, and many others that might be enumerated, he has rendered his Adminiftra- tion odious to the Vfhole body of the people, and has entirely alienated their affections from him, and thereby wholly deflroyed that confidence in a GoTerncr, which yoar Majeily's fervice indifpenfably requires. ^'^t Wherefore we moft humbly intreat your Majefty, that his Excellency Sir Francis Bernard B2u:on&i, may be for eyer removed from the Government of this t'ro- Vince : and that your Majefty would be graciouily pleafed to place one In his ftead, worthy to ferve the greateft and belt Monarch on earth. ^ J .'•x'l.f'f il'Vjf « n jf^in'i J ',?{ c J^nd the Reprefentatives of the Colony of Majfachu' ni J fifs Bay, as in duty bound, Ihall ever pray. * * 1 1 "^ IsriK t? In their name, and by their orderi figned " ■'-'i Snt 1.:;te(T« :r, «•■'!";. Thomas Cpshiko, Speaker.' <.'\\j\'Vl lo iv/i vJl vA >-:iJ7 • : . ! > . . . < i - \A"\yji<\ 'if.: -^-fii-: o' has .,;noi'jJ Ji ni 3']j»fuiri^;rrj| v'.i; ibid'Af .tiui-M^! -isn^iD jiJ..^: g.. 1 1'.. s io b*5v/*fj>!^ ^'X^^^^H • •, THE C 95 1 Ii-r't -jih d-^f'T) -•i;':y; •-.' ♦1/■"^. •: f = '; ■_>(;; imlij' AN S W E R O F .,.^v-v, .. ^ "li SIR FRANCIS BERNARD, Bart Governor of his MAJESTY'S Province of i 1 "'^ Massachusetts Bay, ' P' , ' * '*■- T O v^ 'Hi! The Complaint preferred againft him by the Houfc of Reprefentatives of the faid Province, now depend* ing before his Majefty in Council. : . im f'T^ HIS Refpondent protefting a-g^nft the uncertain* ty, generality, irrelevancy, and infufficiency of the faid complaint, and againft his being required to make any unneceffary, fuperfluous, or imprafticable proofs, particularly proofs of the negative of fuch affertions in the faid complaint as are not fupported by any evidence, and by their generality and want of par- ticular illcgations are incapable of negat* e proof; and alfo protefting againft the unfair praftices ufed by the complainacts, or at Icaft by the Speaker and Clerk of the faid Houfe, to deprive him of the benefit of fuch evidence^ both written and verbal, as was to be i;.:n^ had if. 4 i:A ' '1 I 96 2 ad billy at Boflon, by refufing to give hiixi i copy 6f iht faid complaint j from the 27 th day of June^ 1769^ ythcn the faid complaint paffed the hotife, unto the 27tb day of jfufy, being but three days before the day fixed for his depattbre for England, although he frequently applied t^ the Speaker of the Houfe for fuch copy, of the truth of which he is reddy to make oath : to the complaint, or to fuch part thereof as is material for him to anfwer to, anf^ereth as foUoWeth : ' '^ ** - ■ And, firft, the Refpondent begs leave to obfervci df the complaint, that it had its origination in a refentment againft the Refpondent, for his being charged with cei'- tain orders of his Majefty relating to the Houfe of Re- prefentatives, and his declaring his intention to obey fuch orders. This will appear from the Journals of the Houfe of Reprefentatives, where it will be fecn, thaH on June 21ft, 1768, the Refpondent fenta meflage, in- clofing an extraft of a letter from the Secretary of Statd to him the Refpondent, fignifying his Majefly's pleafure. That he fliould require the Houfe to refcinda refolutiotl of a former Houfe, and declare their difapprobation of the fame. On June 23d, the Houfe defircd the Refpon* dent would give them a copy of the other part of the Secretary of State's letter. On June 24th, the Rcfpon* dent feat a copy of the other part of the letter^ by which he was ordered, in cafe of refufal, to diflblve the Aflem* bly ; and faid, that, if they obliged him to it, he mud obey his orders. On June 90th, the Houfe paiTed a Tote, that they would not refcind, ^u and pafled ai^ anfwer i 97 1 jatifwer to the Refpondent to that purpofe ; immediately after which, they appointed a committee to prepare a J)etition to the king tb remove the governor. The pe- tition being ready prepared^ was immediately reported and read ; and upon debate, it being objefted th^t there \vas no proof of the fa£ls alledged, the petition was te-committed, and the committee was ordered to britig evidence in flipport of divers articles* Thus It refted. until a new affembly met in May, 1 769, when this com- plaint was revived, with fome little alteration, and fome additional articles arifmg from new fails i and riotwith« {landing u had been before rejefted for want of proof, it was now admitted without atiy proof, and patfed the houfe the 27 th day of Junff iy6g. It has been fmce circulated throughout America and Great Britain, in news-papers, magazines, and pamphlets j it has been commented upon, and argued froiti^ as true, in diife- tcnt papers ; and the Rtfpondent has been called upon, by anonymous Writers, to anfwer this complaint before the public^ whilft he was Endeavouring to obtain a hear- ing of it before the King^ in Council, and the agent for the Complainants was doing all he could to prevent it, under a pretence of Waiting for proofs* 1. And the llefpondeiii, further anfwering, faith^ That the firfl article is ilotorioufly untrue, it beiilg well known to all who are acquainted with the government of Malfachufet*s Bay, that from the time of the prefert governor's (the Refpondent's) entering upon that go- vernment, which was in ^/^^^(/?, 1760, until the oppo- O jQtion ii! tmn MHMMiillMMPI ""■"■""iMii '■*? r p8 1 fibn made to the ftamp-aft, which began in the year 1765, a very good underftanding and agreement of fentiments and a£)ions between the governor and the affembly, in both its branches, continually prevailed; of which the Journals of the Houfe afford many preg- nant proofs. But, after the oppofiiion to the Parlia- ment was adopted by the Houfe of Reprefentatives, it became impoifible for the Refpondent, or any governor, to do his duty and preferve his popularity. 2. The Refpondent admits, that he did declare that the General Aftembly left gentlemen out of the Council only for their fidelity to the Crown j and if this is to .be deemed oppugnation againft the royal authority, he admits this article to be true. And to juflify fuch de- claration he obferves, that, upon the eledlion of coun- fellors in M^y 1766 (which was about a month after they had received advice of the repeal of the flamp-a(^), the majority of the General Affembly turned out the lieutenant governor (who was alfo chief juftice of the province), the fccretary, twn other judges of the fupc- rior court, and the attorney general, all of them men of irreproachable characters, and high eftimation among the people. There was no accounting for the depriv- ing the government of the ferviceof men of fuch high offices, and known abilities and integrity, but from an intention to lower the King's authority in the govern* ment, and seduce the royalty of it to mere form, and vefl all the real power in the people. That this was ^nd is ftill the ii\tention, has been iince mad? plain hy rci;i« ^> further •r L 99 ] further proceedings in fubfcquent clefticns, in which every counfellor who has been known, believed, or even fufpefted to be difpofed to fupport the authority of the King and Parliament of Great Britain, or the royal rights of the provincial government, has been turned out of the Council. The Refpondent begs leave to re- fer to a lift of connfellors who have been thus turned out at the four lad eleftions, which, by an enquiry into the charafters of the perfons from thofe who are ac- quainted with the province, will fully prove the affer- tions above mentioned. 3. The Refpondent admits, that, fince the exclufion of the lieutenant governor, fecretary, judges, and at- torney general, from the council, he has repeatedly ufed the right given to the governor by the charter, of ne- gativing perfons elefled for counfellors, and returned to him for his approbation ; but he denies that he has afl- ed therein indifcreetly or wantonly, or upon any other motive than that of promoting the King's fervice. He has, from time to time, lignified to his Majefty's Mini- fters the principles upon which he formfed his condu(fl in this refpeft, and has had the honor to have fuch con- duft approved of by his Majefty, as was fignified to him by the Earl of Shelburm, at that time one of his Ma- jefty's principal fecretaries of ftate, by his letter dated Sept. 17, 1767, which was after the fecond time of his exerciGng his negative ; from which letter he begs leave tp infert the following words ; O z ** I havQ mmmmmm [ lOO ] "I have the pleafure to fignify to you his Majefty's *' approbation of your conduct, and to acquaint you, *f that he is gracioufly pleafed to approve of your hav-^ ** ing exerted the power lodged in you by the conftiiu»; " tion of the province qf Majpichufifs Bay, of ncga-. •' tiving ccunfellors in the late electioris, which appears " from ycur feveral letters to have beCn done\vith due •' deliberation ^nd judgement," ^fiu) 4. The Uefpondent denies this article to be true, fq far as it relates to the inforcing ^he re-ele^iou of his i'livorites ; for h? has no favorites in refpeft to the go-, verianlent, but fuch as have recomipeude4 tbemfelves by fidelity to the King, ^nd ability to fcrvc him. In this^ light the lieutenant goveriior and the fecvetary may he confidered as his favorites ; and if fuch declaration was made, it was ift favor of them and them only: and he believes he did mai;e fuch declaration upon the follovv' ing account. Upon the exclufion of thcfe two gentle- men from the Council (of which they had been mem- bers for vCi-^ny years, and by their particular fun£lions, as us well as their knowledge of the public bufmefs, were bccQme almoft necelTary to that body) upon enquiry into the conftitution of the prcfent government, it ap<» peared from the ufage under the former charter, from confiderations previous to the granting the preient charr ter, from the words of the charter iifelf, and ffom ;h« praftice of the fir ft year after the opening the charter, that the lieutenant governor and the fecretary had a fight to feats and voices ip the CouQcil iii virti|e of their pffices^ [ JOI 1 offices, and without being cleftcd thereto, and did actually enjoy fuch right for one year as aforcfeid. But upon the ele£llon of a new Council at the epd of the firft year, the affcmbly cleftcd the lieutenant governor and the fecrctary among the twenty-eight ele'rf 5. The Refpondcnt fays, That he believes there nc- Ter was a governor that lefs interfered with eleftions than he has done; (o that he" knows not what to refer this charge to, unlcfs it is to his recommending a pro- vincial, agent in the yeai 1765. This he did, and cer- tainly tiad a right to do, as the provincial agent is the agent of the whole general court, of which the gover- nor is a part, and mud be confented to and commiffion- ed by the governor before his appointment is complete^ The gentleman he recommended was accordingly cho- fen, and ferved the province for two years, and was the mod able and refpedtable agent that the province ever had. 6, The governor of Majfachufefs Bay has no power to difplace civil officers, without the confent of the Council ; and hence it is, that many perfons hold their offices in that province, who ought to have been diff placed long ago. He has indeed a free power over mi» litary officers ; but has made very little ufe of it, exr xept in fuperfeding fomc few cominilTions of penfon* :■' I i . •• , .■.--►i ... f f the P public I [ rotf ] • public affairs of tlie Province has got into the handt of a party tvhofe principles and praAices are the very re* Terl'c of thofe of conciliation. !>•'«« ,\n*a-'> m 'f^l^U^:i " 10. The Refpondent's report of the procetuings of the Council, from whence their oppofition to the au* thority of Parliament has been inferred, was fully fup^ ported by authentic papers. And though it has beeii fince made a fubje^l o< argument, yet not one material fa£b, alledged by him, has been poHtively denied* )>''m>% i' ments. !' C 1CJ8 ] ments, who had no camp-eqtstpage wkb the»> uatil they coqW hire buildings at tbe King's expence to riiake barracks of; the ReCpondent aifigned to them fevcral rooms in the town-houfe, which were not then \n ufe, among which was the Reprefcntatives chamber i and there the regiment r'^mained, without any inconvenience to the public, or any perfons whatfoever, until barracks were provided for them. What enhances the falfity and virulence of this charge is, that the party who has preferred it, knew that the Kefpondent afted in this bufincft under the King's fpecial orders, and that his Ma}efty has fmce been pleafcd to fignify his full appro- bation of his condu^, under the difliculties that were Continually thrown ia his way. And yet they have bad the boklnefs, in this lndire£): manner, lo arraign bis Ma]efty*s Adminiftratiou for iffuing orders, with Which the Refpondent had nothing to do but to obey. ■■ '• • '■' -"■■ ■ '■' ■'•'•■■•■ '■'■ •'• ■■■ 14. This Article is of the fame complexion with the preceding, but much more faife and prctaricating. The faft upon which it !■; founded is this : The King ordered two regimeiiiS, to be fent from Ireland, to be landed at Bqfton ; and alfo ordered two other regiments to be fent from Halifax to Boft'on, The two regiments from Hali- fax arrive iirft ; and the Commanding Officer, fignify- ing to the Refpondent that he had orders to flation both thofe regiments at Bqfton^ demaided quarters. The Refpondent confiUtcd the Council^ and by their ad? Ice [ 169 } adficc applied to the Sefe^-mcn of the town, and then to the Jaftices of Peace, and laft of all to the Conncif themfeWcs : bat they all refufed to affign any quarters to the two regiments, under different pretences ; the principal of which was, that they onght to be quartered at the caflle, upon an ifland, diftant from the town of Sofion three miles by fea and feven miles by land, where there were barracks that would hold only one regiment, and that but inconyeniently, as has been fmce proved. And though the impoflibilrty of quartering four regi- ments in barradcs that could hold but one, and the im* propriety of quartering troops in an iiland dhlant from So/Ion, which wert exprefsly ordered to be ftationed at JBoftm, were urged again and again, they flill perfifted in refufing quarters J wherefore the Commander in Chief found himfelf obliged to hire buildings, and fit them up for barracks, at the King's expence, for three of the regiments, after having afligned the barracks at the caftle for the other regiment. And endeavours were ufed to defeat even this, the only method left for exe- cuting the King's commands ; for it was given out by the faftion, that if any foldiers were put into fuch bar- racksj the Officrs commanding fuch foldiers would be profecuted for quartering foldiers without the interpo- iition of a Magiftrate, contrary to the Mutiny Aft, and, being conviftcd thereof by two Juftices, would incur the penalty of being cafiiiered. To prevent this abufc of thcil^, the Rcijpcndent, at the requeft of General Gdff^, Commander Bi [[ MO Commander- in Chtef> granted a commiiEoa to an Office^ of bis to place the foldiers in the barracks, vrhich ibould be provided for them at the King's expence. And this is the fa^l upon, which the charge againft the Refpon-^ dent, for evafively appointing an Officer to provide quar-* ters for the troops otherwife than is prefcribed by the ^di, is founded. The Refpondent is forry that he is; obliged, by the defigned generality of the charge, in his defence thereto, to Hate fuch a detail of untruths, pre- yaric^uons, and contempt of law and authority, in the promoters of the accufation againft him: but it is all to be accounted for by the prppagation of one maxim, which originated with the fa£l:ion, and has lately beea adopted by the Houfe of Reprefentatives, That the King has no right to order any of his troops into any cf th^ American Provin'tes, without being firfl: authorized fo to do by an A£t of the Provincial Affembly. And from . this pretenfion the tranfition is eafy to the prefumption . cf petitioning the King to punilh aix Officer pf his, for obeying his commands, and.affifting to carry his orders^ into execution. .. . » . ^ • 15. The fa£ls, upon which this Article is founded^^ arethefe: Injwwf, 1768, while the Affembly of the Province was fitting, the Refpondent received a letter from the Secretary of State, fignifying the King's plea«i fure» that he ftiould require of the Houfe of Reprefcnr ■> tatives to refcind a refolution paffed in a former Houfe,. anc| tp declare their difagprobation of it j and, if they , I I'JiUli^iU*' i!M»vf.>.;.'rV [ III ] Ihould refufe to comply, that he ihould immedlafelf diffolve them. He communicated to the Houfe the fiti part of the letter, containing the Tcquifitionj and upon their defiring a copy of the whole letter, he commu- nicated to theni' the othei" part of the letter, contain- ing the proviiiortal order to diffolve them. The Houfe took nine dayij to confider of this tequifition ; and iti that time paffed all the neceffary public bills, knd par- ticularly the Tax-bill, whHih the GoT^mor reminded them of paffing, preTioiifly to their giting their an- fwer ; informing them. That, if He (hould be obliged to diffolve them, he (hould not be at liberty to call ano- ther Affembly till he received his- Majefty's commandi for that purpofe. The Hbufc at length giving thdt anfwer, by which they refufed to comply with hii Majefty's requifition, he diffolved them, as he was id duty bound to do. i^nd having received his Majefty'i commands not to call a new Affembly until the Maj following, being the time appointed by the chartc he obeyed that order alfo. Thefe are the true fafts upon which this Article is founded; and they were all knowri to the Complainants at the time when they prefuraed td petition his Majefty to punifli a fervant of his, for what he did wholly in obedience to his Majefcy's expreft coni- mands. ■'-- ^''* '■'!•■ i*i^-* ^J'»i la;^^!.,-.^ . ;/ i > inA: 1 6. It is the undoubted duty of a Governor to accom^ pan y his reports of interefting proceedings in his Pro^ vinc^, with his own opinion of them ; and it is indif. -penfable. I penfabki when he is giving an account of diforders in his government, to endeavour to trace the caufes of them, and to point out the remedies. In the Province of Majfachufefs Bay,, when civil authority was reduced fo low as to have nothing left but the form of a go- vernment, and fcarce even that, an enquiry into the caufes of fo great ^ weaknefs in the governing powers was unaroidable ; and there was no entering upon I'ucli an enc^uiry, without obfer? ipg upon the ill eiFefts of that part of the ootnllitution o^ that government, whereby the appointment of the Council is left to the people, to be made by annua) ele£^ion ; and yet the Royal Gover- nor, in all A&s of prerogative, is fubjeft to the con- iroul of the Democratical Council. This foUcifm in policy has been as huntful in pra£^ice as it is abfurd in theory^ .^d is the tri^ caufe of the extreme imbecillity pf ^e power of the crown in this government, ?t times wh^ the exertion of it is m^Tt wanted* Tljiis is not an obfervation of a new date ; it is of many years (landing; ^d the avowal of the Refpondent's opinion on this oc- ^on, is not to be reckoned from the date of his let- ters to the Earl of l£iyborougb : he has made no fcru- pie to declare his fentiments upon this fubjed, ever iince he has felt the efFe^s which the popular conflitu* tion of the Council has had upon the Royalty of the government, which is above three years s^c^ wit;hin which time, he has feen the King deprived pf the fer- vice of every man at the Coungl Boards who |}as had 5 refolutioa mm C "3 J refolution enough to difapprove the oppofition to the authority of the King and the Parliament, and their fupremacy over the American Colonies. This, and this only, is the foundation of the charge of his endeavour- ' ing to overthrow the charter ; whereas his real defirc has been, that the charter fiiould have a more durable ilability, by means of a neceffary alteration, without which, he is perfuaded it cannot have a mnch longer duration ; as the abufe of the appointment of the Coun- cil now prevailing, mufl: oblige the Parliament to in- ' terfere fooner or later. And therefore he is perfuaded, that, in avowing this opinion, he has a£led not only as a faithful fervant of the King, and a true fubjeft of Great Britain, but alfo as a real friend of Majfachufet* s Bay, whofe true intereft it is, to have its government fo confirmed and eflablilhed, that it may not be liable to be continually difturbed and difgraced by faftious and defigning men, as it is at prefent. 17. The Refpondcnt denies, that by the means men- tioned in the aforefaid complaint, or by any other means, he has rendered his Adminiftratioo odious to the whole body of the people. He denies, that , the opinion of the whole people of that Province can now be taken and afcertained, labouring as it does at pre- fent, under the baneful influence of a defperatc fa^ion, who, by raifmg groundlefs fears and jealoufies, by de- luding one part of the people, and intimidating the other part, has deftroyed all real freedom, not only of allien, but even' of fentiment and opinion. But the (^ Befpondent [ "4 ] Kefpondent doubts not but that his adminiftration has been approved of by the generality of the beft and mod refpefbable men in the Province ; and afliires him- felfy that notwithilanding that, in the courfe of the late difputes, he has been obliged by his duty to give his teftiinony againft feme popular prejudices, when the prefent infatuation (hall ceafe, and truth and reafon (hall be allowed to interpofe, he ihall be acknowledged to have been a faithful fervant of the King, and a real friend of the people. In the mean time, having been Jionoured with his Majefty's approbation of his whole conduft, and that of the two Houfes of Parliament of feme principal parts of it, he (hall leave it to the Pro- vince oi Majfachufet's Bay to do him juftice at their own time; and ihall commit himfelf to the difpofal of his Majefty, as it (hall be thought beft for his fervice, in perfeft confidence, that he (hall not fuffcr for facrificing his intereft to his fidelity. And the Refpondent, for proof of fuch allegations in this anfwer as (hall require it, begs leave to refer to his Majefty's inftruftions ; to the letters of his Secre- taries of State and Commiflioners for Trade and Planta- tions, diretled to him the Refpondent ; to the Afts of the Council of the Province; to the Journals of the Houfe of Reprefentatives ; to his own letters to his Majefty's Secretaries of State and CommiiSoners for Trade and Plantations (which letters, being wrote without any probable view of their being ufed for this purpofe, he humbly fnbraits ought to be admitted as evidenc?, ef- pecjally «p C "5 3 pecially of his intention and meaning, upon which great part of the complaint againft him is made to de- pend) ; and to fuch other evidence as he ftiall be able to procure here, after having been, by the praftices of the managers of the accufation againft him, pre- Tcnted having the benefit of fuch evidence as was to be had in the Province of Majfachufet's Bay. ^ .^ /. ... U?'"*! f*^ ' H : ■> ')■» f ■( > iv.. fit*. /J- ' * r. ;'> ..- ! r. ' (. -',' 1 ; t '- j = ^ « ' ■ ?! " *» f\ 1 W •'■■■ "«: \ l-. •r'TCrp'i-:^!!'. .; -■> I" ./-^•"•fj c? r- ■■ ;.- m Qa THIS C i'« 3 .7. t-:.Di «:^:n L »*: K»vi.>ao:;iii ^:/i i'.> •I'ljs^fpit)^ THIS bufinefs was brought on to an beating be?- fore the cbmmittee of the Privy Council on the 28th of i^?^r«jry 1770; when the Governor attended with counfel, prepared to fupport with evi(ience all the allegations contained in his anfwer, T^^hich flood in need of proof. But the Agent of the AlTembly having not made any proof of the articles of the Complaint againft him, or any of them, and then declining to proceed upon the complaint, the Lords of the Council thought it unneceffary for the Governor to enter into the particulars of his jtiflrfication, as the charge againft hira remained wholly onfupported ; and therefore they proceeded to give their judgement thereon, which wa» confirmed by the King in Council, in manner and form hereafter mentioned. It would be needlefs to enter into all the particulars of the Governor's defence : ne- Terthelefs,. it may not be amifs to give fuch part of the evidence as tends to fhew the terms he flood upon with the people before the Stamp Aft. This unfortunate A&. rendered him', from a very popular, a very un- popular Governor. He was known to difapprove of the Aft, and ready to join in any legal meafures to get rid of it ; yet he thought it an inexcufable duty ; and his orders were peremptory to fupport it, whilft ir repqained an Aft of Parliament. This was an unpar- donable crime at that time, and, with its confequences,. actdi ■[ "7 3 and the improvements made of them by the enemies of Government, was the whole caufe of the great change made in the people with regard to him. The ^vidj^Qce which was propofcd for this purpofe, was extraded out of the votes of the Houfe of Keprefentatives; and was as follows:""^ '"'**"'""' "*'^' ~'*'' ' «^iiivt»|. .U - '/jiit i,":' rj v\T^ l|litra4ls from the Journals of the Houfe of Kepreifenta* tives of Mgjfackufet^s Bay, 27 February ii 62^ Refolved, That in confideration of the extraordiisiiy ■fervices of his Excellency Governor Bernard, there be granted to him, his heirs and aiTigns, the ifland of Mowa Defer t, lying on the north-eaftward of Fenobfcoi 8^%: and that a grant thereof, to be kid before his Ma}efty for his approbation, be Cgned by the Secretary and Speaker, on behalf of the Two Houfes. -^^^ ;?or[77 Sent up for concurrence. ^ ? ^.u;; r This was afterwards concurred by the Coi^ncj!^ a > ^ .\ * <« 27 February, 1762. Preamble of an Addrefs of the Houfe to the Governor. As your acquaintance with the clrcumftances of this Province, and your conduft in confequence thereof, has left us no room to doubt of your hearty defire to pro- mote its welfare and profperity- We the Reprefentatives, &c. - - jL^AprHf [ lis ] t^^nz:l^ J »' .-71 . *l A* ' *. .M *»' «« I ' -., ». .- --—. ir 24 y^r//, 17^2 ThcSiipcech oFihe Governor, at the proroguing itbc General Court. * * Gentlemen of the Council, and Gentlemen of the Houfe of ReprefentatiTes, The unanimity and difpatch with which you haye complied with the requifition of his Majefly, require my particular acknowledgement ; and it gives me additional .pleafure to obferve, that you have therein a£led under no other influence than a due fenfe of your duty, both as members of a general Empire, and as the body of a . particular Province. r It will always be my defire, that freedom and inde- • pendence fhould prevail in your councils; and that the whole credit of your proceedings therein ihould be placed to your own account. It will be a fufficienc honor for me to prefide over a people, whofe motives to loyalty and public fpirit arife from their own breads. H : :■■.„, Fra» Bernard, 1 •- '•;<'' ,Va-.'>VV, 01 I June, 1762, Extra£l of an Addrefs of the Houfe, in Anfwer to , the Governor's Speech. . We beg leave to give your Excellency the higheft and fulled affurance, that as you make the illuflrious example of your Royal Mailer the bads of your admi- niilratioA; : a z »9 3 nillntion, it will be (Irongly fupported by a grateful, as well as free and loyal people. V f 1 I ;:.: : 1- ;n.)i'i iSjune, 1762. :!1^'. The Speech of the Governor, at the proroguiog the ^ . General Court. > I cannot difmifs you, without expreffing my fatisfac- tion at the ready and eafy difpatch of the bufinefs of this feilicn ; which hath fully made good the aflurancet you gafc at the beginning of it. I cannot doubt but that every future feflion will con-^ tribute to improve the harmony now fubfiAing in the General Court, and afford frequeut inftances of the great advantages arifing therefrom. Fra. Bernard* ti iB January, 17^5. Extra£V of a Meflage from the Houfe to the Governor. Thefe privileges we (hall ever pray may be continued to us, efpecially under your Excellency's Adminiftra- tion; whofe honor and profperlty we ardently wi(h for, and Ihall for ever confider, as clofely and infepara- bly connefted with the happinefs of this Province. .■ *.* 4 . .. ^4 A' 14 Feb, ^ , , ' ^1 Ell iby/ as 14 February, 1763. Extraft df an Addrcfs of the Council and Houfc to the Governor, on the figning the Preliminaries of the t^ Peace. T* We thank your Excellency for your readinefs to concnr with us in all proper meafures, to make this happy event conducive to the profpcrity of the Pro* vince. We fmcerely m(h that you may be long continued at the head of the Gorcrnment, promoting that interior peace, upon which our profpcrity fo much depends. .:' 31 May, 1765. * V Extrafts of an Addrefs of the Council and Houfe, to the Gofrnor, on the Conclufion.of the Peace. We are fenfible of your Excellency's fervices during the war; but as the peaceful fettled ftate of the coun- try will give your Excellency more opportunities of ferving it than were then to be cxpcfted, we doubt not but that your Excellency will improve the fame to the beft purpofes. We hope your Excellency will flill have the honor to be diftinguiflied in England, for your attachment to our intereft, which is infeparably connec- ted with that of the Mother Country ; and have further public tedimonies from a moil grateful people. [ ISI ] ; ^ ^ \V*e congratulate your Excellency on thai unanimity Vhich your Excellency recommends, and which was never greater in the Proyincc than at this time. We doubt Qot, but as we ate delivered from foreigt) War, we (hall be equally free ffbm intefline divifion : and now, that peace is difFufed throughout the vafl: circle of the Britijh dominions^ it will continue and {)revail in an efpecial manner in the councils of this Province, under your Excellency's wife and impartial Adminiftration. i6June, t^6^, Extraft of a Speech of the Governor, at the proroguing ^iKgijIiT; V the General Court. I cannot part with you, without exprefTmg the great fatisfa^lion I have had in obfervirg the unanimity, which you aflured me of at the beginning of the feffion, has fo fully evinced itfelf throughout ali its proceedings. The eafe which arifes from thence to yourfelves; the advantages which accrue to your Conftituents *, and the credit which is thereby refleftcd upon the whole Pro- vince, will be continual motives for your preierving that equanimity and moderation which now fo happily pre- vail among yo«. ^'j'.' '» • J .If . ' ji- 1^- 8 Jung^ I n . - 1 . - * I ■ ;o yrj.j; 122 \i:o'{ .JfiXH '7 ■'':'■:': ■' t yme, ne^r ''^ L 1 / V ' ' . 4'. . 1/ «r V- t I ■ , - ■ ■ . ., Extia£l of ,^ Meffage of the Houfe to ihe .k Governor.. . , ., rl <'fif» ..,.■'11 -.,.'1 v-.y fi <.Ji.t*...-:^ ' WU .t*. UJ The Houfe humbly and gratefully acknowledge your Excellency's paternal care of all the interefts of thi* Province, more particularly in the meafures your Eaael- lency has from time to time recommended, ioi the for-; warding the fettlements in the Eaftern pari» of the Pro^ vince. ^ ^ ^ ; iV. B, In this feffion began the oppofitnm tq the Ails of Parliament^ for laying a duty od fugar, . . molaffes, &c. . . . , N-;'j;)'\i 'JOUrv ,\1Q'T^ iW.V,' mo V ^.r.',:-} I Extraft of the Speech of the Governor, ac the opening^ ,.:. 1 the Seffion. . '^ X have, in purfuance of your requeft made to nie Iai{: feffion, recommended to the favor of his Majefty'sMini- flers the Petition whici* you prepared to be prefentcd to' the Houfe of Commons. And I flatter myfelf that thefe reprefentations will have fuccefs, as they muft receive' great weight from the dutiful mannf^r in which they are formed. I (hall not negleft any other opportunity to promote the real welfare of this Province, confiftently with its fubordination to the Kingdom of Great Bntain, and the commoa interefl of &be whole Es;p:re. s 12 January^ I m 3 12 January, 17^5. Extrafts of the Addrefe of the Council and Houfe to the Governor, in anfwer to his Speech. We are much obliged to' your Excellency, for re- fEommending to the favor of theTVIiniftry our Petition to the Houfe of Commons. We flatter ourfelves the Re- prefentaiions therein made, will have fuccefs, not only from the dutiful manner in which th;°y are formed, but from the neceifary connexion there is between the in- tereft: of the nation, and the fuccefs of that Petition ; it being a demonftrable truth, That thv^ national inte^ reft will be beft promoted and fecured by encouraging |he trade of the Colonies. We are alfo much obliged to your Excellency for your kind declaration, that you fli?l! not neglcft any other opportunity to promote the real welfare of this Province, confidently with its fubordination to the King- dom of Great Britain^ and the common intereft of the whole Empire. It is In confidence with thefe, that we hope for your Excellency's endeavours to promote the real welfare of this Province : and in thefe endeavours our inclinations confpire with our duty, to give your Excellency our beft affiHance. - - .... « .,..., .^. ^ :nUi- p. ^ At i« * / C «4 3 -N .. » i' :r> ,. - At the Court at St, 'jatynss^ the 14th Day of ,. Marchy 177c. ,. ,. . - 4 ; . ' ^r!:i'r (L.S.) , P R E S E N 1^ -r- The KIN G's Moft Excellent MAJESTY Lord Prefidcnt. , . .j , Lord Privy Seal. Duke of ^ijeenjberty, Duke of Ancafier^ Tixik^ of Newcajlle. Lord Steward. Lord Chaniberlain* :; Earl of Denbigh^ ; < Earl of Litchfield' -- Earl of Rochjord% > i..rt 'LzxXoi Jerfep ,t: ;- ^ Earl of J?r//?oA : iij r lail of Hifyhoroug^^pr' '] Vifcount Wcy?noutb, ^.^ ^; -: Yifcount Frt/«o«//:/, Lord N^rtk - : /.' Lord Le Defpenfer, , / ' Lord Pelhanu ; , v;Lo $\T Gilbert Elliot. :U,--] Sjr Edward Hawke. >'> 'i^A"ii;iit ,^^' ■:if-^:«"i^^ ^ivi^^^k. WHEREAS there was this day read, at the Board, a Report from the Right Honourable the Lords of the Committee of Council, for hearing complaints from the Plantations* dated the 7ih of this inftant, in the words following j videlicet, •* Your Majefty having been pleafed, by your orders in Council, of the 25th of Odober and the 29th '* of November laft, to refer unto this Committee "the •« C "5 3 <^ the Petition of i?he Houfe af Reprefentatives of " Mdjfachufefs Bay, containing divers Charges " againft Sir Francis Bernard, your Majefty's ** Governor of that Province ; and alfo a Petition " of the faid Sir Francis Bernard, praying. That *} an early day might be appointed, to examine the " feveral articles of complaint exhibited againft ** him J and likewife a Petition of Dennis De Berdt, •• Agent for the Houfe of RepreCentaiives of the ** (aid Province, praying. That due tjme and op- " portunity might be allowed to make good th6 ** allegations contained in the complaint againd •* Governor Bernard: — ^The Lords of the Commit* " tee, in obedience to your Majefty's faid order of V reference, did, on the 21ft of December, take *,* the faid feveral Petitions into confideration; and •1 it appearing, by the aforementioned Petition of. "Sir Francis Bernard, that, a few days beforis " he embarked for England, he obtained a copy of f* the charges alledged againft him, and was pre« ** pared to make his anfwer thereto ; their Lord- ' ■ fhips thought proper to appoint Saturday the 27th of January to hear the fame: but your Majefty Li^ving been pleafed, by another order " of Council of the 19th of January, to refer unto " this Committee a further Petition of the faid •* Dennis De Berdt, praying, That the trial of the •• complaints againft Governor Bernard might be ** deferred (bme months, in order that due time a i( i( r::i7 /a. r fs.l- ■ii In, "to 41 • I [ u6 3 "may be allowed for obtaining from fuch a dif- " tance the proofs requifite to confirm the feveral ** charges urged againft the faid Governor — the ** Lords of the Committee did, on the 20th of the •* faid month, take the faid Petition into confide- "ration : and being attended as well by the faid Dennis De Berdt, the Agent for the Complai- nants, as alfo by the faid Sir Francis Bernard,^ •• heard what ^ch of them had to offer in fup- ** port of their il '. petitions; and, upon confi- " deration thereof, tneir Lordfliips were pleafed tQ " allow forae further timci and to order that the ** {aid Complainants (hould be peremptorily bear4 at this Committee on Wednefday the 28th of Ff)drt df the Charge; when if appeared, that, fome time about the tiidnih of Augtiji lal!, he 'tvrote to the Speaker of the Hpufe of Aeprelentatlvcs of the Province of MdfMu/et'i £ay, to fend' him o\tt the' i'everal prddfs atid docUfici'ehts neceffary to iri'dke good the ifomplaints erf the faid Ho^fe of Reprefen- tktifes againft the CioVefnor, ahM had in feveral fiibfcqucnt letters repeated the ftmfi, but had ncvef received ariy aftfwer at all frbhj'hfm rela- tive thereto; notwuhftanding fundry'l^ers had paffed from the SpeaKcr to him lince that period, containing anIWers touching other mJittefs, treated of in his aforefaid letters to the Speaker, and not- withftanding he Was told, vfhth the Petition of Complaint was tranfmitted to him, ih dfder to be prefented to your Majefty, that t)i6 documents would foon follow, and l!t \f as dVSifred to pre- fent the faid Petitioft td your Majcfty iittttiikiitely ; and the Governor belrig 'illb ca1ion by the' Committee, to know what he had to urge in* •* fuppori *'r i % '■\ ,'■1 ''.> n \ "8 3 i\ jTupport of his Petition agsunft granting any ftir- ** ther time to the Agent for the Complainants^ " he offered feveral reafons to fhew that evidence ** might have been tranfmitted to England^ and ** received by the Agent for the Complainants in ,- ** due time; and, among other things, he fubmitted '* to their Lordihips confideration the printed Jour-^ " nals of the Houfe of Reprefentatives, whereby it •* appeared, that a former Petition to your Majefly, «« to remove him the faid Governor, had been '♦ brought into the Houfe of Reprefcntatives on " the 30th oijune 1768; and that, after a debate, <• the fame had been re-committed, in .der that ** the Committee might bring in evidence in fupport ,'^*« of divers articles alledged; and by the faid " printed Journals, it further appeared, that the •• next year, videlicet, on the 27th of June 1769, '* the Petition of complaint againft the Governor ^ (now under confideration of this Committee) was ** brought into the Houfe, and ordered to be pre- ** fented to your Majedy ; although it does not ap- ** pear by the faid Journals, that any evidence '* was theaiproduced in fupport of any of the Ar* ** tides of the faid Petition; and ladly, the Agent ^* for the Complainants having declared to this ** Conunittee, tllat he declined proceeding on the '* hiifincfsy now or at any future day, unlefs he f * W^ 931a\¥«4 Ui€ time he applied for in his afore- mentioned ■MM 'SJ^ in ted ur* It [ 129 ] . •* mentioned Petition of the 15 th of February y and " as much more indifinitely at the expiration thereof ** as might be neceffary for him to receive inftruc- " tions from his Conftituents ; the Lords of the '• Committee confidering that the Complainant? '* ought to have been prepared with evidence to " fupport their charges, at the time of prefenting ** the fame, or within a reafonable time after, or " p. l^ft that they might have been fufEciently •* prepared fmce their bringing into the Houfe of •* Reprefentatives the former Petition to remove " the Governor in June 1768, and further, that •^ the Houfe of Reprefentatives having omitted to •* fend over to their Agent the documents neceflary •* to make good their complaints, although it ap- *• pears, by the aforefaid printed Journals, that ** the Houfe continued fitting Eighteen Days after the paffing of the faid Order pf the 27th of June 1769, could only be with a view to keep up a ** fpirit of clamour and difcontent in the faid Pro- " vince ; and confi|deripg likcwife, that feveral of *.* the faid articles of complaint againfl the Gover- nor could not be fuppofed to afFeft the Governor, " but are rather a charge againfl: your Majefty's " Government. Their Lordfliips therefore arc " of opinion upon the whole, that the feveral M charges contained in the faid Petition of the f* fioufe of Reprefentatives of Majfachujet*s Bay, ! t }B9 3 - .y^ ■ tproundlefi^ vexat^ipuf, and/c^tfclalotUi aod that • "^*^ the (aid Petitiott ouiaht to be diiraiflfcd^' ,. -: HisMajefty, taking the faid Report into Corilidera- ftion, was pleafed, with the acfvicfe 6f his Privy Council, ;to approve thereof, and to order ihat the faid I^etition of the Houfe of Rcprefentatf^rcs o^ the MaJ^cbttfeh Bay be, and ij: is hereby, dl^iflcld this febinrdj as gfouhdlefs, vei^atiotts, zxidfcandakus, ^' ''^ <..;■:» -j:j ' ;ti''>;'«05>f-' ■ ;■ > Vf V^' • '■ ■■ .. 'Si:....,'' ■"**. ■ '",. '. ' '- • ■ , *• < . ; ■.,•'.:' ^f .^1, <,, ' , .V VCI;--;-