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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 THOUGHTS ON THE PRESENT STATE OF AFFAIRS WITH •• AMERICA. . ♦' * \ „4 1JI ;;, u -t ■ :: a ,- V. .- ,■■. ; ■n:m'-vi , ■ ., ^ ■ '■ ''' ' f ' ' ^ ^' '3:- ■Mr-M'' ■ft- « 1 t Py I'rin ■ • , '' TH O V G HTS \, . -_,'.v ON T H B /-. PRESENT STATE OF AFFAIRS ;;■„,..:. WITH .■ . ,.;' I A M E R I c A, AND THE MEANS OF CONCILIATION. Py WILLIAM PULTENEY. £5,1, • THE FIFTH EDITION. ' LONDON: F..NT.0 ,„» J. DODSLEY .»P..t„».., MDCCLXXVIIl. -•"■f* • > u^ O rl i i . \; ( s r* ' • « -r T I- «. ' f- n rT i 1^ ■: ' I •• r I V\ u '■ fpr^^y^^y^y^'y^' ,.,,-.'%#v:-^r;v-^ ' M • j vt .«,. ■ J' <" » ■A THOUGHTS .'../; . . u OK THE Prefent State of Affairs with America, •!«. U .,' ^o'^ir- /f'^to'.' AND > i , - ... - ^ , >s . . „ r THE MEANS OF CONCILIATION. THOSE who have ahy enthufiafm with re* fpeft to publick matters, and who feel in their own minds a ftrong and clear conviftion, ( with regard to any important public queftion, ar£^ apt to fuppofe, that men who profefs to entertain a contrary opinion, are influenced by fome bafe^ factious, or corrupt motive. They make no al- lowance for thofe natural caufes of difference of opinion, which have exilled in all ages. They will not condefcend to argue patiently with fuch men, ftill lels will they fufFer themfelvcs to fuppofe* that their own ideas may be in fome degree erro* neous, and that the truthmay lie between the tw« oppofite fentimcnts. *' When civil difputcs have gone fo far, as to put arms into the hands of each of the partieji, the power of argument is then completely at an end. rmj B The t » 1 I , Hi I I I I The agitation of violent paffions confirms more- powerfully each of the parties in their firft preju- dices j and, until fbtiie great calamity or fome great and unavoidable danger occafions a paufe, the voice of reafon will in vain endeavouf to make itfelf heard. ' - The great queftiom which has for many years agitated this country, concerning America, and has lighted the flames of civil war,, affords a con- vincing proof, with how moch violence perfons of the firft abilities, are capable of embracing the oppofite fides of doubtful puWic controverfy, at the fame time that it furnifhes an interefting ex- ample, how very little mere force, is calculated to convince the underilandingSy or ta remove the prsjudkcs of mankind $. and though much has been wrote and fpoken upon the fubjeft, on both fides of the Atlantic, it fecms to me„ that neither fide have hitherto allowed a fufficient degree of weight to the arguments of their o^yponcnts, nor has the qucftion, hitherto, feeen treated with that calmnefs, which promifed to difcover the truth, or with that impartis^ty, which was calculated to re- concile the naturalprejudicesof contending parties. I Thofe who have at all accuftoined themfelve$ to reftedion, are iacKned on every ocoafion, to fuf- pe£t the feirnefs of arguments, which are urged ^ith too much zeaL In the prefent great diiputc,, the love of Liberty, natural to a Brkon, and the principles in which I have been edbcated^ on the one hand , and my attachment to Great Bri-* tain, wlicre my p/operty, and ail my friends and ? "I d con- T t 3 ] connexions are fituated, on the other ; have all along balanced my mind in fuch a manner, as to prevent, I truft, my running into the extremes of either party i and as I feel myf«lf incapable of being influenced by any baie motive, lb my care to avoid political connexions of all kinds, has, I hope, preferved my underftanding, in Ibme de- gree at leaft, from being warped upon this occa- Con. Ifi therefore, my taknts were equal to the tafk, of canvafling properly this great queftion, there is nothing to obftruft my doing it in a fair, candid, and irhpartial manner. The late events in America feem to have occa- iicned Ibme degree of paufe i and I hold it to be the duty of every impartial man, to feize thaft fa- vourable moment, of laying before the public luch lights, as he may think of fufficient importance to call for their attention. ' '^ J -v The fentiments which I fhall deliver, are the refult of my own reflexions, without a view to fervc either thofc who are in, or out of office, but with a very fincere defire, to ferve my country in general; and whatever refpedb I may entertain, for many gentlemen who have enrolled themfelves on either fide of this queftion, that refpedt fhall not prevent me, from canvafling the fubjefk with the utmofl freedom. - , ... v - In treating of this important matter, I will begin with a ceview of the grounds which have induced the Americans to take up arms, and will confider whether a fufficient weight has been allowed to thefe motives^ oa the part of Great Britain. I will B 2 then [ 4 ] I ( then examine the grounds and motives of Great Britain, for rejeding the claims of the Colonies, and infifting on the full and uncontrolled exercife of Legiflative Power in America; and whether the Americans have given due weight, on their part, to thcfe motives. This examination of the fubjedl, will naturally fuggeft the reafonablenefs and praflicability of a reconciliation, by which each party will depart in fome degree from their pretenfions. .. ; . » . .-..; ., , ... I believe there is now no doubt, that the true motive which has united fo great a part of the Americans in the prefent conteft with Great Bri- tain, is the claim of Britain to a power of taxing them by the Parliament here, and of altering their Charters of Government, without any application for that purpof'^ from themfelves, by the fole power of our Legiflature. If any man doubts that this is the cafe, let him recolleft, that, before the sera of the Stamp Aft, there was no inftance of any general combination in America, to refift the authority of this country j that fuch a general combination did immediately take place, after the paffing of that afl, an agreement, I think, was entered into by mod of the Colonies, not to im- port or to confume any of our goods or manu- faftures j but fo foon as the Stamp Adl was re- pealed, that combination, and the non-importa- tion agreement was diflblved, and great rejoicings were made in confequence of that repeal, in al- * moft every part of America. At that time many pamphlets were publiihed in America, difcufTing the h [ 5 ] :ation p fole oubts efore ftance refift eneral er the was lim- anu- as re- porta- icings in al- many ufling the the right of this country to tax them, and point- ing out the confequences which might follow, from the admiflion of fuch a right. And fo foon as a new attempt was made by the Aft 7th of His Majefty, to impofe another tax upon tea and other articles, the fame fort of general combina- tion followed, and the pamphlet, intitled " Let- " ters from a Pennlylvania Farmer," afcribed to Mr. Dickenlbn, was eagerly and univerfally read. But when all thefc taxes, except the tax upon tea, were repealed in 1770, and ftrong affurances were given, in the name of Government, by the Earl of Hillfborough's circular letter to each of the Colonies, that it was the determined refolutioa here, to impofe no new taxes upon them, the fe- cond importation agreement was gradually dif- folved, though, as the tea tax was not repealed, fome of the moft zealous Americans endeavoured ftill to l?.eep it on foot : but the general good fenfc of the people, when their fears were quieted, pre- vailed then (as 1 hope and truft it will do now), and harmony was reftored. No attempt was at this time made, to alter the Charters of the Colo- nies, and therefore it does not appear, that their fears were excited with refpeft to that important point i but the immediate effeft in America of the Bill for altering the Charter ot the Maflachufet's Bay, is a proof of their fentiments concerning the confequences of fuch a power, veiled in the Par- liament of Great Britain. !..■ .. ;r.iu,i ^■{ -^f ^ 01 ^:?iiy;0 \ \ Ifhall •!i I 6 ] .!'■ i ' I'l I fhall hereafter take notice of the arguments of thofe who contend, that the Americans had long ago formed the plan of rendering themlelvcs inde- pendent of Great Britain, and that the fear of parliamtrntary taxation was not the motive, but the pretext for taking up arms againft this country. At prefent I fhall take it for granted, that our claims to a right of taxation, and of altering their charters of government, were the true motives of the American refiftance, and fliall conikler what degree of juftification arifes, from the apprehen- fion which they might fairly entertain concerning the exerciie of thefe powers. - >^.» •. .,' .. When the American Colonies were fuccefllvely fettled, they each obtained from the Crown, charters, eflabllfhing a form of civil government; which, though differing a little from each other, yet in all, refembling very much the Conftitution of Great Britain. They had each an afTembly chofen by the people, a Council refembling our Houle of Lords, and a Governor reprefenting his Majefty. By the united concurrence of thefe three branches, laws were made, which liad force ro bind all the inhabitants of the refpedlive Colo- nies, and taxes were by them impofed -, but no law or ad: of their Legiflaturc could comtinue va- lid, unlcfs confirmed by his Maj«fty in council. By this laft check, Great Britain ^im fecurcd, that no aft prejudicial to this country couid hav« the force of a law j for, if his Majefty had been ad- vifed by his Privy Council, to give hi« aflcnt to any V€ tu ini V icnts long inde- ar of jtthe mtry. Lt our r their ves of r what rehen- erning eflively Crown, nmentj I other, titution (Tembly ing our ting his af thcfc ad force re Colo- but no inue va- council. red, that have the Mien ad- affcut to any r 7 ] any fuch improper a£l, there can be no doubt, that thofe members of the Privy Council, who gave fuch advice, might have been called to account by Parliament, and fubjedled to impeachment, as well as for advifing any other abufe of the royal prerogative. On the other hand, by this fpecies of conftitu- tion, the Colonies were pofTeflfed of a controul, lituatcd upon the fpot, and placed in the hands of the repreicntatives of the people, upon the Go- vernor or executive power in each Colony. They had alio a general controul upon the adminiftra- tion of jufticc ; and the fame Ibrt of general fu- perintending and inquifitorial power, for control- ling public abufes of all kinds, which belongs to the Houfe of Commons in this country ; and the members of Aflcmbly claimed, and by ufage ac- tually enjoyed, all the pcrfonal privileges within each Colony, which belong to the members of the Britiih Houfe of Commons. Every perfoa who has at all confidered the Conftitution of this kingdom, muft know, that the eflence of the liberty of a Briton, confifts in the controlling power of the two houfes of Parlia- ment, without which» the prerogatives neceflarily veiled in the Crown, and the neceflary difcre- tionary power vefted in thofe who adminifler ju- ftice, woukt, in fpite of the bcft laws, tand 'm fpite even of the controul of juries, that ineftitttible inftitution, perpetually tend to abufe, and tha£ Britons would ocberwife feel in fomc degree, duiC c: degrading ^-■wV l.f\ : , I III I III l» [ 8 ] degrading anxiety, which, in other countries, de- bafes the human mind, under every fpecies of ab- folute Government. One of the moft material fupports of the con- trolling power of the Houfe of Commons in this country, is its power over the public purfe, and that no money can be levied upon the people without the vote of that houfe ; and though a very great revenue in taxes is now eftabliflied by per- manent ads, for the intereft of the public debts, and other taxes to a large amount are granted to his Majefty for life, as the expence of his civil lift ; yet the land tax and the malt tax have ne- ver been granted as a perpetuity, and for a long time paft, thefe taxes have only been voted an- nually. Without the grant of thefe. Government, on its prefent footing, could not go on i for though, in times of peace, the taxes eftabliflied for the in- tereft of the public debts, afford a fu/plus called the Sinking Fund, which comes into the Exche- quer annually without any new vote ; yet that mo- ney could not be applied by Government, to any othei purpofe than the payment of part of the p blic debts, without confent of Parliament i nei- ther would that furplus, if feized illegally by the executive power, be fufficient to pay the expence of the loweft peace eftablifliment. His Majefty is therefore under the neceflity of calling both Houfes of Parliament together an- nually, in order to have the land and malt tax voted i and when they arc called, they have a right 4 to i t ^ ] flity of her an- lalt tax a right to I • ♦o inquire into all abufes, and to fefuie voting the money until thefe abufes are redrefled. In former times, the dignity of the Crown was fupported by the revenue of the Crown lands, and the hereditary revenues to which the King, as feudal Lordj was intitled. During that period, the Crown was not under the fame neceffity, as nowj of calling Parliaments annually together, in order to obtain the neceflary grants of money ; and accordingly it often happened, that Parlia- ments were not called for manv years j by which means, they were deprived of the opportunity of redrefling grievances, or of enquiring into abufes. The alienation of the Crown lands, and the abo- lition of the feudal tenures, has undoubtedly put the Crown more in the power of Parliament than formerly J but as that dependanee has obliged the Minifters of the Crown, to pay more attention to the fecuring a conftant majority ii\ Parliament, the burdens of the State have undoubtedly been there- by greatly increafed, and this country, pays enor- moufly, for the change which has happened, in the ifiode of exercifing the influence of the Crown, which formerly confided in prerogative, but now confifts in the influence of Minifters upon the par- ticular Members of both Houfes; and upon the Ele(5lors of the Houfe of Commons. • - I do not however adopt the idea of thofe, who feem to think, that the Corruption of Parliament has arifcn to fuch a pitch, that it has become merely an engine in the hands of Governmento There are, 1 trufti a great majority in both Houfes, " C who fT ill:: I i" ^ Vi ■i-Ji n I: |.i ' if* [ 10. li ^vho would refift with the fpirit becoming free- men, any dired attempt in. the Minifters of the Crown to overturn the liberties of this countiy ; and I believe and truft, that there is a ftill greater majority in the kingdom, who would, upon a like occafion, difcover their refentment in fuch a manner, as would make the Members of the Le- giflature, as well as the Minifters of the Crown, tremble for their own fituation. I do alfo firmly believe, that the general voice of the nation, will for a long, and I hope for a very long time, con- troul the proceedings of Parliament, in fpite of any corruption of the Members, efpecially, whillt our ftanding army is reduced in time of peace, and is compofed of native troops, and command- ed by gentlemen of property i and that the fpirit of our Militia is preferved. But at the lame time, I acknowledge, and every man muft feel, that the influence of the Crown upon Parliament, is already an alarming circumftance, and that the expence of conducting Government upon that plan is enormous ; and as the progrcfs of defpotifm in this country, by the road of influence, is likely to be (low and almoft imperceptible, there is reafon to fear, that it may not therefore excite a general alarm, till it be too latci nor can it efcape obferva- tion, that the ftanding army of France is almoft entirely compofed of national troops, and is com- manded by the bcft families in the kingdom i and that in feveral inftances in ancient times, and at prefent in Sweden, Denmark, Ruflia and Pruflia, an army of national troops, has the care of thofc chains I c II 1 free- »f the ntiy ; reater pon a fuch a le Le - )rown, firmly n, will , con- of any whilil peace, imand- e rpirit e lame ft feel, ament, lat the lat plan ►tifm in iely to reafoiv general bferva- almoft IS com- mj and and at Pruflia, lof thofc chains chairt's, which arc wreathed round the necks of theiV unfortunate 'felIo'w-fubje(5ts. At prefent, undoubtedly, this country enjoys a ^eg'ree of liberty, which may excite the envy of the whole world : but perhaps there are few amongft us, who h^ve duly conlidered, that whatever part of Our freedom arifes from the controul of Parliament) depends Upbn fo flight ^ circumftance, as that which I have already men- tioried, namely the neceflity the Grown is under of calling Parliamertt tOgfcther, in order to vote the Land and Malt tax annually, and th« Mutiny Bill, which necellity would not exift, if thefe a<5ls Were made perpetual, of to endure for the life of the King. When thefe bills pafs annually in the HOufe of Commons, they are confidei^ed fo much as a matter of courfe, that unlefs an augmfentation of the Land tax, or other alteration, is propofed, few members give their attendance in the Houfe, and a ftill iltialler number give any attentibn to a matter of fo much real confequencfc, - The American affemblies did not.irldeed fenjoy the fame degree of controul upOn the executive power here, becaufe the Government of Great Britain could go on, although they were never called together. But as their grants of money foi' their own internal government, were annual, as the faiaiics of their Judges and Governors, confifted in part, till lately, of annual grants made by the re- fpettive aflembliesj and as therefore the public bufinefs of the province, could not well go on, with- out their being annually called together, they had C 2 CI\f ti; i I H :f- II 'f I; 't: enjoyed that advantage, with very littic intcrrupT tion, till the coipmenccment of the prefcnt coAt reft. • • • The effect which this controul produced upon the profperir/ of the American Colonies, has been very remarkable. They have gone on en- creafing iq wealth and populatipn, in a manner never before experience4 in the world, becaufe they enjoyed a degree of happinefs and liberty, which, in provinces diftant from the feat of Go- vernment, has no example in any former age. r •v Neither this happinefs, nor this fuccefs, was the child of accident; they have had Governors of ajl tempers and pf all defcriptions, but the happi- nefs of the people has notwithftanding been very little interrupted, and their prpgrefs in ajlmoft every kind of improvement has hardly met with any check. This can only be afcribed to the excellent nature of thpir government, fo happily contrived, for controlling all abufe in the executive power, and fo well fitted to eftabiifh, froiri time to time, Ipvery kind of ufeful inftitution for the intereft and happinefs of the people. It has been faid by a political party-writer, that thefe aif^nr^blies were to be confidefed in no other light than as corporations or yeitries in Eng- land, which have power to make bye-laws, and to levy money for certain purpofes, but have no pretext to a power independent of the Britilh Parliament. - > - -< The queftion of their right to an independent power, will be confidered in another place; it • ' ■ • is « ft) [ '3 ] rrupT COIIt upon , has m en- lanner ecaufe iberty, if Gor vasthe s of aU happi- ;n very [t every ith any :cellent ntrived power, o time, eft and .writer, d in no in Eng- and to lave no Britifh pendent acei it ' is is fjilicient here to obferve, that even if it were to be admitted, which is far from being the truth, that they deferved no better name than that of a Veftry, they were Veftries which communicated to the inhabitants of each refpedlive Colony, the fame fort of freedcn and fecurity, and the fame fort of controul upon the executive and judicial powers in that country, which the Parliament of Great Britain or the parliameht of Ireland, com^ municate to the inhabitants of thefe iflands. There can be no doubt, that the parliament of Great Britain had pafled many laws to bind America i they had impofed duties upon goods imported into thefe Colonies, and had fubjedled their trade to many reftri6tions ; they had even, in fome few inftances, impofed taxes upon them which may be called internal, though I recoiled only that of «he Poft Office. And it feems to ms an undeniable propofition, that before the year 1754, it did not occur to Great Britain on the pne hand, nor to America on the other, that there was any reafonable doubt, of the univerfality of the power of the Britifh Parliament, to bind the Colonies in all cafes whatfoever, although that power, except with regard to matters of trade, had been ufed very fparingly. I am aware of what pafled in the reign of King William, and alfo that at diflrerent times fome of the Colonies had claimed an exemption from the power of Parlia- ment, and that fome of our ftatutes had not been (triply e;tecuted there; but wc never had admitted '■,■•• ■ ? ■• ' theic T I I I i:i I ii ('111 I ■^\ ■ It . I'': ! I fi I iti I C .>4 3 thcfc claimsj and the Colonies had certainly ifc*. quicfced. --v.. - i .^' «' '■ ^ <• .; 'U' -^ - •■•♦•'■■ "'-' In the year 1754, however, the niattdr under- went a very ferious difcuflion. The confimon danger of the Colonics from the impending French war, occafioned a meeting at Albany, of Commiflioners from many of the Colonies, who formed a plan, for cftabliJfhihg a Grand Council, of members to be rHolen by the feveral Alfemblies, which, with a Gt> .Tnor General to be appointed by the Crown, Ihould be empowered to make general laws to raife money in all the Colonies for the defence of the whole. This plan was fent to Government here, for approbation. The plan was not approved} but a new one was formed in place of it, by which it was propofed, that the feveral Governors, and one or t^o members of each Council fhould aflemble, and fte empowerted to determine on proper meafures for the common fafety, and to draw upon the Treafury of England for the ncceflary expence, and that the Treafury Ihould be reimburff'd by a tax upon America, to be impofed by the Britifh Parliament. This new plan was communicated by Governor Shirley to pr. Franklyn, then at Boflon, who having de- livered his fentiments upon it in converfation, he was defircd by Governor Shirley, to commit to writing the particulars which he had ftated in that converfation. This he did in a letter ad- firefTed to the Governor, which occafioned a fecond ponverfation and a fecond letter. Thcfe letters ^crc no doubt tranfmitted home by Governor Shirley, I ♦-' inder- rtimon ending my, of $, who hcil, of mblies, poihted ) make mies for 5 fent to he plan formed that the Tfibers of powered coinmon England Ireafury erica, to This new irky to ing de- erfation, commit ilated in tter ad- a fecond Ife lettefi over nor Shirley, #» Shirley, and I dare fay will be found in the pro- per office here, and the effeft of thera was, that no mention was made of taxing Ameriqlj^uring that war. A Congrefs was afterward autliorifed to meet, and feveral requifitions for aids were made in name of the Crown to the American af- femblies, which were complied with, in a very li- beral manner. The letters were afterwards pub- lifhed in the London Chronicle of 8th February 1766, and have fince been republifhed in aFrcnch Edition of Dr. Franklyn's works. I have now fubjoined them in the Appendix. In thefe letters, the American objeftions to their being taxed by the Britifh Parliament, are fully, ably, and clearly ftated i and thofe who read them with attention, will probably think, that hardly any thing new has fince been fuggefted upon that fubJ€<5t. - ^ . '- The fubftance of the argument contained in the letters is, that the Americans, by the reftriftions im- pofed upon their trade, did in fad: contribute their proportion to the general public expences : That therefore any farther taxation Would be tJrijuft J That they arc not reprefented in the Britifh Parlia- ment, and therefore the power of taxing them could not be I'afely trufted there : That their own afTeni- blies were competent to the power of taxing themy and being chofen by themfelves, were not likely to* abufe that power : That the compelling the Col^ nies to pay money without their confent,, would be. liilic raifing contributions ia an enemy's coun- try, I i '« 1!^" * H' ! Th [ 16 ] try, and would be treating them like conquered people, and not as true Britilh fubjecls. gk Thefe papers prove beyond difpute, that the American obje<5bions to parliamentary taxationy were not firft fuggefted by factious men here, but were the refult of ideas, which naturally occurredy from a confideration of the fubjefbj amongft themfelves. Dr. Franklyn had indeed been in England in his early youth, but returned to Ame- ■■■■ fica in 1728, long before this queftion was ftart- edj and refided in America till about the year 1758. The light which the Earl of Chatham may have derived from thefe letters, will, perhaps, ac- count for the line of condu<5l which he obferved, in avoiding all attempts to tax America, during the war of 1756, though that war was confidered, as undertaken ehiefly, on account of our American Colonies, and alfo for the oppofition which he gave to that meafure, when propofed by Mr. Gren- , ville, and for the uniform fentiments which he has 1 entertained concerning it ever fince. Having premifed thele obfervations,- let us con- fider the merits of this queftion^ a little more clofely. It muft appear, I acknowledge, at firft fight, an extraordinary propofition to an Englifhman, that there Ihould be any bounds to the power of King, Lords, and Commons, which, from his infancy, he has been taught to confider as fupreme j and it will be difficult for him to admit, that the Parliament of England^ which has protected the liberties of this country, and has exercifcd without .4 3 controul ©^ m at the tationy ■e, bue :urredy Tiongft )cen in I Ame- s ftart- le year immay ips, ac- fved, in ring the Kred, as merican hich he r. Gren- h he has- : us con- •clofely. ft fight, ifhman, )ower of om his upreme } that the :6bed the without controul [ 17 ] controul the power of taxing us, (hould not be eonfidercd, as fit to be tnifted, with the power of taxing the Colonies ; that when fo great a part of the inhabitants of this kingdom, are taxed with- out being reprefented, the Americans fliould pre- jtend, that the fame prafticc ought not to extend to them^ and .that they-canbewell-fou^nded, in main- taining fo dangerous a do<5lrine, as that the fu- preme power of the State is limited in its autho- rity, and the unity of empire deftroyed, with re- i*pe(5b to a particular part of that State, and with refpedl to a part too, which was confidered as very unequal to a conteft with the whole. But the beft method of judging fairly, in que- ftions with others, is to put one's felf in the oppo- fite place. Let us fairly confider, for what realbn it is, that the Britilh Parliament has been trufted, almoft without complaint, for fo many ages, with the power of taxing the unreprifinted part of England, in order to fee, if the fainc reafon will apply to America j for I do not deny, that Parliament does in this ifland, tax great bodies of people who are not reprefented j and I alfo admit, that the adlual reprefentation of the people of Great Britain is very far from being pcrfeft. It may be true, in fome meafure, that every foot of land is repre- fented } but wli^en we confider, that the whole coun- ties of England fend only eighty, and Scotland thirty, and Wales twelve Members to Parliament, out of five hundred and fifty-fix, the total number ©f the Houfc of Cojnmops j it i» in vain lo argue, D that «l li b'i t •« ] that the people of England arc rcprefcnted in a proper manner, by thole who arc eleded by the owners of land ; and as the Conftitution has air idwed a numerous feparat^ Reprefentation {qr the towns, it may be fairly faid, that aU thofe confi- derable towns which fend no Members, fuch as Manchcfter, Birmingham, Hal'fax, &c. and a great part of our people befides, are not reprc- lented in Parliament. '* '•* '**' ^ ' ■^''' " ■ '-' '■ ' But the true reafon, why fo little inconvenience has heen hitherto felt, from this defedt or inequa- lity of Reprefentation, muft, I apprehend, be de- duced from a circumftance, which, fo far as. I know, has never been fufficiently attended to, by any political writer, and which, though efta-; bliflied by no law, is of the utmoft importance in this Conftitution. I mean the ufage of Parliament, by which it impofes all taxes in a general manner," fo as not to tax any particular diftricb or part of the kingdom, while other parts of the kingdom are not taxed ; but impofes the tax on all perfons poflTefling the property, or confuming the taxed commodity, in whatever part of the kingdom they refide. The^-Land Tax, and Window Tax, for example, are impofed upon all the land and win- dows of England, in whatever county fituated, and are not impofed on Yorkfhire alone, whilft all the other counties pay nothing. In like manner, the: Malt Tax is not impofed on the malt made in one county only, but on all the malt made any where in England. The duties of Cuftoms affedl ihe importation and exportation of goods at every m pi ICC, ;ed in t i by the has air I fqr the le confi- fuch a» . and a t reprc- ■ '. „><■--» .. /enicnce inequa- , be dc- far as. I :d to, by gh efta^ rtance in liannent, manner, part of kingdom 1 perfons be taxed iom they Tax, for and win- fituated, e, whilft manner, made in nade any •ms affiedl i at every place. r «9 T place, and the duties of Excifc extend to all cx- cifeaWc goods in every part of the kingdom. There are many inftance* indeed of fpccial A6I9 ef Parliament, obtained upon petition of the inha- bitants, by virtue of which duties are levied in particular places, and not elfewhere } bijt the mo- ney j|s>^ in fuch inftailcc?, direfted to be applied to public purpofes in that particular place, which precludes any objection to the tax. I believei however, tliere is an inftancc or two, of duties le- vied at the port of London, particularly on coals, which duties are not levied in any other ports of the kingdom i and yet the produce of the duties is not appropriated p public purpofes within Lon- don or Middlefex, and I am not at prefent able to explain the reafon of that deviation from the general rule* But the ufage, as to all public taxes for the exigencies of the State, may, notwith- Handing, be confidered as univerfal j namely, that they are not confined to any particular place, but are general over the whole kingdom,. j^/^ , ■' ^,^; The effett of this ufage, with refpcc^ to th« point in queftion, is of much more confequence thjio may at firft fight appear. Though Man* cheiber and Birmingham, for example, are not re- prefcntcd; yeti as the tax which afFeds them, is a|: •t^ fame time impofcd upon all t\\e fxlaces in thp kihgdom which ar«^ repre^nted, if the tax were •gricvDus and oppreflivc, it would excite a general difguft, and the voice of t^e pepplc ingeneral, being^ fiigarmftit, w»wldxheck and CQnsrvl^ n.Q^oply the t»>»i<^ji r« D 2 error. 1.1 '' 1 ■•"1! 1 II' Mi I'l^i l! jl ! crrofj but even the corruption of Parliament. I do not lay much weight in this cafe upon another cir- cumftance, that, by the univerfality of the tax, it mull afFed the Members of Parliament them- felves, who vote for it j becaufe it is impoflible to difguife, that as things now ftand, the majority of both houfes may enjoy fuch emoluments from the Crown, as will more than compenfate their particular fliare of the tax ; but as they will not o ly tax themfelves, but their conftituents, and not only their conftituents, but the whole body of the people, an irrefiftible check muft thence arife, to every remarkable abufe of the power of taxation, until, by the means of a nu- merous fta:ndmg anrry, the liberties of the p( »plc are entirely at an end. ^ '^' *^'*^'-'^ • - ' ■"''^'' ' ' -"^ The efFe(fl of this check, anling from the uni- verfality of all taxes, ope«-^tes, we know, withre" fpeft to Scotland, tvhich certainly could not other- wife be prote6ted, by fo fmall a reprefentation as forty-five Members out of five hundred and fifty- fix ; nor by the ftipulation made at the Union, by which the amount of the land tax is in feme degree limited as to that country* I'hat limitation is not abfoliue, fo as to prevent the land tax from being ever increafed ; but is wifely contrived in fuch a manner, as to render the Engliih Members, the proteflors of Scotland J for it was ftipulated, that when the land tax in England fhould amount to -1,997,763/. 8 J. 4| w'.i the fc in any Stion ex* ► in Scot- )ting de- jrdingly, jvid«fttly i thdfe of '.iiii i^u; >^- s, which m repre* He rownsi ^ys: great counties, ttii who the wliok aprotcc* 1 Brltilh the lame i€ Britifh n any re* amtry ? . trade of f the iiti- thertfdre lofc upon felvi'^s arc a mannef i obliging ; (haW6f ta the I «3 1 the fame taxes which we impofe upon Curfdves, whilft we deprive them of an equal privilege in trade, if we were to tax them further, we muildo it by a fpeciaj tax to be levied in America only, i^nd no part of it to be levied on ourfclves. Inftead therefore of a common intereft in our five hundred and fifty-fix Members of Pirliament, to protect them from taxation, our whole body of repre- fentatives would have a common jnterefl: to ta3t them, in order to lelTen the burden on ourfelvesr No murmurs from England can be expeded to arife, upon occafion of any new tax to be paid by America, but on the contrary an univerfal joy and approbation. No member would run the ri(k of offending his conftituents, or of lofing his feat, by voting for luch a tax j he would read in the coun* tenances of his friends and acquaintance, no mark* of difapprobation j he would lee in his neighbour- hood no fymptoms of the mifchiefs arifing from the moft oppreffive taxes -, the cries of the Aniericans, from beyond the Atlantic, v/ould hardly reach his ears ; and as he is not eledled by them, there can- not exift that conneftion, which would bind ' '"\i to afi-brd any individual, his protection from the moft illegal inlult and violence. This is not all j if the pra6^icc of taxing Ame- rica here had been once firmly eftablifli'ed, does any man doubt, tliat the executive power, th« governors, judges, and officers of all kinds, would foon have been rendered entirely independent of the people and alfemblies of that country, fo as to kavc their condud without any cantroul cxifting there. ' !■; ill. li il"' iP' il ii fih'i I' Ifl ■HI' li. . it ! . 'II .'It * !U 'I'' ii.j [ H ] there. Many fteps had been taken with that view, whilft our right of taxation exifted only in idea, and we had eftabliflied Courts of Admiralty, and of Vice Admiralty, for the trial of a great variety of caiifes, without the controul of a jury, founded on a fufpicion, that our Government was fo difagreeable to the people, that juries there w«rc not to be trufted, but would perjure them^ felves, rather than give vcrdids agreeable to truth and juftice. Can it be doubted, that if we had eflablillied the power of raifing money in America by ouf own votes, we would foon have found, that the Provincial Afleniblies were nurferies of faftion, and that they tended only to clog the wheels of Government ? Is it to be fuppofed, that our Go- vernors would have wifhed to preferve fuch a check upon their own proceedings j and would we nor hnve liftened more readily to the reprefen- tations of our Governors, than to the remon- llrances of a helplefs unprotected j^ -^ople? — Would not the ronfequences have been, that, by degrees, the calling of aflemblies in the Colonies would have been entirely difcountenancedj and would not then a degree of defpotifm neceffarily have enfued, in every part of that continent ? Every objennede4 [\d thole d natu- pal meij ^ofcd to- d liber- Crown nnume- Ihti and ainft iV ny who- to the of thc- at that under- and the rtcd by For- xt prc- vaily f 27 ] vail, and the exclufive right of Parliament to grant the money of the people, was vindicated, though not without the effufion of torrents of blood. It w'll make Jirtle difference, that in this cafe it is Hot a fingle perfon, under the title of King, who claims the power of levying money on the Colonies, but the united power of King, Lords, and Commons ; for, with refpe6l to America, that united body of men flanci exactly in the place of one Monarch ; they are as much difcngaged from all check or controul, arifing from the per- sons who are the obje<5ls of taxation, as Charles I. was with refpetl to the people of England ; and the experience of mankind has fhewn, that free ftates have often exercilcd a more cruel and re- lentlefs tyranny, over other ftates fubjedt to their dominion, than has been ufually pracftifed by a fmgle Monarch. Our ov/n hiftory proves, that the condud of thole great defenders of freedom, who eftablifhed the Revolution, was not a little defpotic, with refpedt to Am^L^rica. Such then was the profpev.'l of America^ if they had patiently fubmitted to Parliamentary taxa- tion} and I think I can appeal to the breaft of every honeft Englifliman, whether, if he had been fettled in America, and had viewed the matter in this light, he would not have facrificed the laft drop of his blood, rather than have fubmitted to liich a claim, That the true ground of diftindtion, between •our taxing the utireprefentcd parr of England, and taxing i\merica, has not been heretofore fuf- E 2 ficicntly Jt»i \¥ m ^IH' [ 28 ] ficiently attended to, will appear, by examining the various political tradls which have been wrote to prove our right, and the juftice of *the prefent war. Do(ftor Tucker, Dean of Gloucefter, has canvafled this fubjed: very ably, in a treatife, lately republilhcd.with four other tradls, entitled, " Letter from a Merchant in London to his Ne? " phew in America," which was wrote before thq. prefent civil war commenced. I have annexed, in the Appendix No. IL an Extrad from that •yvork, and another Extract from a pamphlet which has pafTed through many editions, entitled, ** The *' Rights of Great Britain aflerted againft the ?' Claims of America, being an anfwer to the De- " claration of the General Congrefs." In neither of thefe ingenious publications, is any notice taken of this important diflindion, though every other argument, which either has been, or perhaps can be urged in favour of America, is very fully and learnedly difcuffed. Mr. Grenvillc too, in the Houfe of Commons, wlien he oppofed, out of office, the repeal of the Stamp Act, appears, by the printed account of his Speech, to ha/e defended the fyftem of. taxing America, upon no other ground, than the pov/er of Parliament to tax the unreprefenied part of Eng- land. The Earl of Chatham, indeed, in the ra- pidity of a reply, flightly touched the diftindion, in one fentence, but did not, I think, dwell fuf- ftciently upon it, to bring it home to the feelings and underftandings of the nation. His words, in anfwer to Mr. Grenville, as printed, were thefe, ♦* The yr k mining 1 wrote prefent :er, has treatife, ntitled, his Ne- fore the nnexed, )m that It which , *^ The inft the the De- i neither ce taken ry other laps can jlly and mmons, i\ of the nt of his '. taxing power of of Eng- the ra- bindion, wcU fuf- feelings i^ords, in re thefe, «* The (C 3t fup- their I [ 31 1 But it has been faid, that the Americans had all along a fcheme of Independence, and that our claim of taxation was only the pretext ir.ade uk of for refiftanccT and not the cauicj that this was difcovcred by Monficiir Montcalm, when in Ca- nada, as appears by his letters lately piiblifhcdj and ; that after the conqueft of Canada, when they were relieved from the apprehenfion of the French power, their plan, which had been long meditated, was completely formed, and the ftruggle muft - have taken place fooner or latter; and that it was an advantage to us to bring it to a trial of force how, rather than at a later period, when their power a'.id their refources would have been greater; and t'lat it was particularly fortunate for us to joring the queftion to a determination by arms, ac a time when wc were at peace with all the reft of •^he world. y,^;y -. . ,-,i . :•..: .0. . . . This argument, I know, has made imprefiioii on many fair and honourable minds, and there- fore it dderves a particular examination. The following reafons convince me, that the Americans, in general, had no dcfire to render themfelves independent of tht Britifli govern- ment. In the firfi: place, it is a certain truth, that manr kind are not difpofed to alter a government to which they have been long accuftomed, and under which they have enjoyed felicity; but no people ever enjoyed a greater degree of profperity and happinefs, than exifted in Airicrica, till the idea of taxing them was adopted in this kingdom ; they t r- ] ■. fft t« it fubmltted to the laws of trade; they even Tub- mitted to the Admiralty Courts, where the judges, uncontrouled by a jury, were till lately, paid by a Ihare of the condemnations. Thcfe Admiralty Courts, were empowered to judge in revenue quef- tions, with a view to enforce more ftrift'y the laws of trade j and we rcfufed to truft fuch quef- tions to juries, from a fufpicion, in my opinion, weak and ill-grounded, and rather chofe to riik the difgufl which might arife in America from the partial and interelled determinations of very low men, whom we appointed judges, than run the hazard of a few cargoes efcaping condemnation, by the partiality of juries, who were to give their verdifts upon oath. With the fame view to taxation, we determined to make the Governors and Judges independent of the Provincial AfTemblies. Before the idea of taxation took place, it was the praftice for the Alfemblies to vote a falary to the refpedtive Go-^ vernors, and alfo to the Judges, and no incon- venience to this country was felt from it j but much good arofe to the Colonies, from this con* troul over the executive and judicial powers; but when we propofed to counterad the inclina-^ tions of the people, it became neceffary to remove all controul upon thofe whom w*;- fliould appoint to thefe offices. The republican form of the American confti- tutions, then too, began to give us difguft, for, from the reign of King William till then, we had felt no inconvenience that deferved to be men* tioned [ 33 ] tioned from that circumftance -, and, if their con- ftitutions were fuch as gave fdtisfadtion, and fc- cured good order in each Colony, what motive but taxation could induce us to find fault with them? From fimilar motives it was, that James II. attempted to deflroy the conftitutions of all the corporations in England, by virtue of quo war^ rantos, becaufe he wifhed to govern without con- troul. The refiftance made to him, and to his father Charles I. did not proceed from any pre- vious plan of independency, but certainly arofe from their encroachments j and yet the aflertors of our liberties, in thofe times, were acculed of adting merely from ambitious views. That the Colonies in America might have been governed with cafe, if we had entertained proper fentiments, is proved, to my conviction, by the following fadb ; — The conftitution of the Mafachufetts Bay is, by far, the moft rf^publican of any in America, Rhode Jfland peruaps ex-^ cepted. It is that Colony which has always been confidered as the moft averfe to the Englilh government, and to have been chiefly inftru- mental in lighting up the prefent flame in Ame- rica. In that Colony not only was the Aflembly chofen by the people, but the Council, which, in moft of the other Colonies, is appointed by the Crown, or by the Governor, is there chofen by the new Afl^embly, and fuch Members of the old Aflembly as are not re-^eledled, the Governor having only, 1 think, a negative. Notwithftanding F thi$ ^n W.f m W 111 I I'll If i.„,,j , f. : »!■■'■ u:.,,-! * ■ ||tj: 1 [ 34 1 this is the form of the conftitutiorj, yet I am if- fured, by undoubted authority, that it has al- n\oft always happened, that the perfous fup- ported by the intereft of the Governor, have been chofen Councellors j and that in no inftance, for many years back, was the eleftion of the Council carried againft the wilhes of the Governor, except that of the lalt Council, which was chofen im- mediately before the Mafachufetts Charter Bill i and, notwithftanding the agitation of men's minds at that criticl period, it required a gr^at deal of addrefs and ftratagcm, even then, to carry the cle(5lion of the Council againft the Gover- nor*. Nor will this appear extraordinary to thofe, who confider the great weighty which the execu- tive power alwiys muft havcy in every country, where attention is paid to govern mankind agreeable to their inclinations. The office of Councellor Was in tliat Colony an obje(fl of am- bition, and thofe who afpired to obtain it, knew the importance of having the fupport of the Go- ' .. .-1 • . • The (h-atagcm, I am toIJ, was this : An eminent poli- tician there fugKcded to his friends, that he thought, in the agitation which then prevailed, they might be able, by ad- drefs, to carry the cledion of Councellors againft the Go- vernor. He propofed to eledl Mr. Hancock Speaker of the AfTembly ; and, as he was fure the Govt rnor would make ufir of his negative, and rejcft him, the Afrsmbly, he faid, would be inflamed, and if the eleftion of Councellors was immediately brouglit on, he hoped their lift would have a majority. Thia plan wae followed, and the eleflion of Councellors wai carried by a fmall maJQfity, . .,. , ,»..^ vernor's I * -wr I C 35 ] vernor's intereft in the AfTembly ; by adding thar weight to the fcale of either candidate^ the party which he efpoiifed was lure to prevail. The Governor had fev/ (Tffices of profit to be- ftow, and no fund for bribery out of the public money, and yet, by common attention in ma- naging the paffions of men, the inlUience of the office of Governor was, at all times, very gr^at in that fcttlement, though not always held by men of the firft abilities. 2dly, The Colonies have uniformly denied this charge of independence; not only hao it been denied by the Congrefs in their printed declaration, but it hasbeendeniedinftillitronger terms by the particu- lar Colonies, Thus the Colony of North Carolina, in their addrefs to the inhabitants of clit- Britifh Em- pire, dated 8th Sept. 1775, has difclaimed the accu- fatioh with evident marks of honeft fincerity. "We ** have been told that independenC'P is our ob- " je6b } that we feek to fhake off all connc6lion *■' with the Parent State. Cruel fuggeftion ! do not all our profeflions, ?11 our adions, uni- formly contradidl this ? We agaia declare, and we invoke that Almighty Being, who feardhcs ** the recefles of thu human heart, and knows our moft fecret intentions, that it is our moft earned wilh and prayer to be reftored, with the other united Colonies, to the ftate [n ** which we and they were placed before the year 1763, difpofed to glance over any regulations which Britain had made previous to this, and F 2 *' which tt <( IC (f (< fC « ^^K^s « e'F ; 'I'^i "'I (( ^i'->re befeech your Majefty, that your royal aut: c iity and influence may be gracioufly inter- " poled, to procure us relief from our afHiding " fears and jealoufies, ocv. alioned by the fyftem " before mentioned, and to fetde peace through " every part of your dominions, with all humility " fubmitting to your Majefty 's wife confideration^ *^ whether it might not be expedient, for facili- " tatin re t( r 38 ] RH" I 'H m i i I I*, " tating thefe important purpofts, tliat j'oiir Ma- " jefty would be pleafed to dircfl fonie mode, by ** which the united applications of your faithful " Colonifts to the Throne, in purfuance of their " Common Councils, might be improved into a " happy and permanent reconciliation." In ano- ther place of the lame Petition, they declare, ** Our breads retain too tender a regard, for the " kingdom from which we derive our origin, to " rcqueft fuch a reconciliation, as might in any» " manner be inconfiftent with her dignity or her " w':lfare." ' ' ■ ' If it be i'u. ^at the Americans, in general might not aim ai idependence, yet, that this was the idea of many leading men amongft them, and would, one day or other, have been the general wilh. It nrft remains to be proved, that any fuch men exifted among them. It is plain that Dr. Franklyn, in 1754, entertained no fuch notion j and, if it had been the opinion of fome parti- cular perfons, will any wife man believe, that if our government in that country had been well ad- miniftered, the favourable opinions of the great body of the people, could have been perverted fo much, as to make them renounce prefent cafe, happincfs, and fccurity, to purfue an uncertain phantom, which, when attained, might difappoint their fanguine hope; ? 5thly, I think ir plain, that his Majefly's MI- niders d.id not believe, that independency wa^ the general wifh o^' America; and if they who had \in Opportunity oi'thr4)elt iMclligence \ipon the fiib- iea ti- the .'i -■ ' ■■ after the repeal of all the duties impofed by the aft yth of his Majefty, except on tea, and ad- drefled to the American Governors, to be com- municated by them to the feveral affemblies. In that letter, the moft pofitive aflfurances were given, that it was not the intention to impofe any fur- ther duties upon America by authority of the Britifh Parliament j but ii* the Colonies had feri- oufly been thought to aim at independency, to what purpofe was this declaration. If, on the other hand, it was believed, that the true caufe of their uneafinefs, proceeded from our claim to taxa- tion ; thefe afTurances were proper, and calculated to anfwer a good purpofe, as thty cert?.inly did, • If his Majelty's MiniHers had believed independ- ency to be a prevailing idea in America, wouTd they have lent fo inconfidcrable a force, as they did at firft, under general Gage, fufficient only to quell a few faftious rioters ; or would they have affirmed, as they did repeatedly to Parliament, that the friends of Government were very nu- merous in America, and that it was only the vio- lence of a finall number of fatStious men, which had prevented our friends from Hicwing their in- clinations ? The conciliatory propofition of Lord North, moved in the Houfe of Commpns, 27th February, 1775, and the adl of Parliament, em:* fend out CommifTigners to powering the Crown grant [ 40 ] I lU! 0^ >|'i 'I if,!' grant pardons, and with private inftruftions, pro- bably of a more extenfive nature, would have been ridiculous, ifadminiftration had ferioufly believed, that the Americans in general aimed at independ- ence. 6thly, If independence had been in the con- templation of America, can we fuppofe, that they would have left themfelves fo ill provided with the means of fupporting it, as they certainly were at the beginning of thcfe confufions ? The riot at Bofton in 1774, when the tea was deftroyed, was merely a refillance to a particular tax they difliked, and not the refult of any deep laid fcheme of independence*; at the fame time, it would not have been furprifing, if the Ameri- cans had been much better prepared than they were for refiftance, confiderit the condudt of Parliament foon after the rej al of the Stamp A(5l, when the plan of taxation was refumed, and the unneceflary and unproductive tax upon tea was Repeatedly refufed to be repealed. It feems untair, to urge as a proof that they aimed at independence, the fpeculations of phi- lofophers, with refpeft to the probable ftate of America, at a diftant period of time, when it is fuppofed, their numbers and wealth fhall greatly exceed thofe of this country. Thefe fpeculations, however ingenious, are merely conjeclural, and could not be fuppofed the real motives of con- .f. . • * * The tea In all the other Colonies was fent back, and! was deilmyed at Boilon, from the obftinncy of the Confignee, who ref^red to permit the ihip to return to England. ^ duft. [ 41 ] dud, du(5t, in the minds ofany confiderable part of the prefent inhabitants of America. . With refped to the letters of Monfieur Montcalm, 1 believe them to be fiditious, and certainly their authenticity is by no means afcertained. If they had been genuine, it is not probable that they would have been fo long of making their appearance ; but it was eafy to prophecy, as thefe letters do, after the event had happened. There have been JO many publications in France, of letters as ge- nuine, which were afterwards difcovered to be the mere works of imagination, that no wile man would chufe to reft his belief, concerning a point of fo much confequence,upon the chance that thefe letters are not invented, but real. But it will be faid, their late declaration of independence, is a decifive proof that they had no other object from the beginning. Was the re- publican eftablifhment in England, after the long ftruggle with Charles the Firft, a proof that the great body of the people of England took up arms from the beginning, in order to eftabliih a republic ? If I have been fuccefsful in (hewing, that the Americans had juft grounds for the moft ferious alarm, from our claims of a power to tax them here, to which we added, a claim to alter their charters of Government j if they had more than an intimation, by the Quebec Bill, what was the fort of conftitution we wilhed to introduce in all the provinces, we have no need to fearch fur- ther, for motives llifEcient to induce a jealous, enlightened, and high-fpirited people, to take up G arm?, C 4» ] Ifi I ill m 1i* ^ . Ill pi Hi arms, without fiippofing that independency was ever their objeft. But when they found that we paid no attention to their fears and jealoufies, but that after fending a force to Bofton under General l:f) T, which was compelled afterwards to leave it, we prepared and fent out a much greater force, and paflcd feveral a6ls of Parliament, which fhow- ed our difpofition to reduce thenni to unconditional fubjedlion ; but above all, when not only the pe- tition from New York was refufed by Parliament, but his Majefty was advifed to rejed:, without an anfwer, the laft petition of the Congrefs ; it feems to mc, that the Americans had no option left, but cither to fubmit as a conquered people, and de- pend on the generofity of thofe, who had been taught to view them in the moll contemptible light, or to declare themfelves independent, in or- der to eftablifh fome regular form of government amongft themfelves, and to entitle them to treat for afliftance with other powers. From the view I have taken of the fubjedl, I think it mult appear to every man who will per- mit himfelf to judge without prejudice, that the objeftion of the Americans to their being taxed by this country, was not an unreafonable caprice^ but of a moll ferious and important nature ; and that the Britilh Parliament, being neither elected by them, nor impofing at the fame moment oti themfelves and their conftituents, the taxes they were to vote on America, had not thofe conftitu- tional checks, to prevent an abufe of that danger- ous- power, which is in truth the eflence of the Britifli [ 43 ] Britilh Conftitution. It will alfo appear, that by the fyftem adopted with refped to the Colonies, in eftabJilhing a monopoly of their trade, we had in fad: exaded from them a proportion of our pub- lic burdens ; that if we had been willing to give them a reprefentation in the Britifli Parliament, it would have afforded them a very feeble pro- tedion, unlcfs every tax impofcd upon America was to be at the fame time impoled upon our- felves ; that we could not, in juftice, impofe upon them all our own taxes, and yet tax them at the fame time, by preferving our monopoly j and that even, if a method could have been devifed, of fixing a proportion to be paid by them now, as a full equivalent for their prefcnt proportion of the public taxes, and that they ftiould never pay more in future, except a fimilar proportion of fuch increafe of taxes as we might hereafter make upon ourfelves ; yet ftill they would not have been put upon a fair footing with us, unlef^ they were allowed to lend reprefentatives to Parlia- ment, in order to guard botli us and themfelves againfl any fuch increafe; and it would have been farther neceflary, in flrid jultice, that our laws of trade with refped to America fhould have been fixed, fo as to prevent any poffible increafe of the burden upon them in that refped ; for as thefe Jaws are not of a general nature, but are made to burden America only, without at the fame time burdening our own conftituents, the Britifh Parliament would, in all queftions of that kind, have wanted that conftitutional check, which is G a the [ 44 ] fi m the efTence of the power of taxation, and the fup- pofed reprefentatives from America would have been able to make too feeble a defence in fuch fort of qiieilions againft the united intereft of all the other Members of our Britifli Houfe of Com- mons. And after all, thefe colonies would ftill have fufFered many difadvantages by the want of a legiflativc power amongft themfclves. I believe there are few, even of the mofl zea- lous in fupport of the American war, who would in private converfation afiert ar. their opinion, that his Majefty's American fubjedls ought to be on a worfe footing with refpei5t to taxation, than the inhabitants of Great Britain. On the contrary, the conflant language is, that the Americans demand privilegeswhich do not belong toBritonsj thatthey ought to bear their proportion of the public bur- dens ; that they have taken arms in the face of the law of the land, and the conftitution of the em- pire ; and that not contented with a participation of the happy conftitution of this country, they have aimed at privileges, in claiming an exemp- tion from Parliamentary taxation, which we in this ifland do not enjoy j that this war is meant to reftore liberty to the Americans, to reftore to them the rights and privileges of the Britifti Con- ftitution, and to refcue them from the defpotilin of their faftious leaders, and of that Congrefs which they had eleded. • " -* But from what has been faid, I apprehend it to be clear and manifeft, that the power of taxing ^nrjerica canno; b^ Xyuiled with the ^ritilh Par- liament^ [ 45 ] liament, with the fame fafety, as the power of taxing Britain ; that the Americans would be on a worfe footing than us, and would be deftitute of thofe checks, w^hich controul in Britain the abufe of taxation ; and that when we infift upon •putting them on that footing, we defire what is unreafonable for us to afk, and for them to fub-» mit to. . Ought they not then to contribute to the bur- dens of the Itate ? They certainly ought, and by the reftrictions impofed on their trade, they cer- tainly do contribute very largely ; but perhaps they do not contribute their full proportion ; the long pofleflion of their exclufive trade, has, I beheve, given fuch advantages to the Britifh ma- nufadlurers, that they are now able to furnilh a great part of our manufaftures to the Americans, cheaper than they could be purchafed elfewhere ; and therefore, the confining the Americans to take thefe from us, is no hardfhip upon them, and is, in truth, unneceflary for us. I believe too, that much relaxation might be made with refpedt to the regulations of their trade, with great advan- tage to them, and without any material injury to vs } and if that were done, they certainly ought to contribute in another way, to the public burdens of the State. But I would wifli to know, if we might not fafcly truft, that fuch contribution would be chear- fuUy granted by their own aflemblies ; as is done by the Parliament of Ireland. There is certainly pothing unconftitutional in that mode of obtaining 3 a con- 15 ! I 46 1 1 '•nntribution from partof the empire, othcrwife lieiand would not have been fo long exempted fron^i Tarliamentary taxation. It has been faid, however, that fuch a mode might become dangerous to the liberty of this country, becaufe the King would thereby have the means of levying money without the confent of the Britifh Parliament, and by obtaining mo- ney from the American AlTemblies, the Crown might, at fome critical period, be rendered in* dependent of the Britifh Parliament. But this objection, which applies equally to the cafe of Ireland, is ce'*.dinly not founded on any very probable conjefture, and could eafily be obviated, both with rcfpedl to Ireland and the Colonies, by paffing an acl, which would bind his Majefty, that all ads of affembly, or of thelrifh Parliament, containinggrantsof money to the Crown, and not appropriated to fpecial pur- poles in the Colony, fhould, before they are read the third time in America or Ireland, be com^ municated to both Houfes of the BritilK Parlia- ment, and receive the approbation of each by a refolution to be entered in their journals. It is faid, however, that it is not to be ex- pelled that the American AlTemblies would vote their money for the public fervice, becaufe they would have no controul, like the Brkilh Parliament, on the expenditure of the money which they might grant j that being removed from the feat of governrncnt, the influence of the Crown would be fo weak, as not to be able to [ 47 1 to carry any qiieftion ; and that, as by their re* fulal to grant, the wheels of the whole ma- chine would not be entirely ftopt, as in the cafe of a refufal to grant the ufiial fiipplies here, there would not be any natural and permanent com- pulfion upon their affemblies, to make fuch grants ; and that therefore, to give them the ex- clufive privilege of voting their own money, would, in effcft, be giving them an entire ex- emption. This argument is plaufible, and, I doubt not, has made an impreflion on many difpafllonate and impartial men j but has the experience of Ireland juftified this theory ? Did not Charles the Firft conceive the fame ideas concerning the imprafti- cability of obtaining proper Supplies of money from an Englifh Houfe of Commons? and hns the experience of the laft century juftified thefc -vifpicions ? It is, however, extremely probable, that the American Aflemblies would at firft hav in voting the public money j and the weight of Government is fuch, from the natural tendency of mankind to be governed, and from the defire which moft men have for honours and diftindbicns, that even in very weak hands, and without the aid of bribery, the executive power can always obtain, in popular alTemblies, much larger fupplies, than in wifdom and prudence it ought to obtain. • m-j-- •*/ • Havmg thus taken a general view of the argu- ment in favour of America, to which, as it ap- pears to me. this country has not allowed fufTi- cient weight, and to which, I think, no fufficient anfwer has ever yet been made j 1 come next to confider how far the Americans have allowed pro- per weight to the argnment in favour of the claims of this country. And here I mnlt obferve, tliat it was natural for this country to think, '.hat America ought to ccn- tribute to the public burdens of the Staie, and that it was alfo very natural for us to conceive, that the Parliament of Great Britain had fuU power to impofe taxes upon them, fince we had not i 49 1 not bnly L\ade laws to regulate their trade, but had even in fome few inltances impofed internal taxes i what reafon had we, therefore) to doubt of our power by the conftitution, to impofe taxes upon them ? The non~exercife of our right could not take it away, as that might, w^ith reafon, be af- cribed to the inability of the Colonies to contri- bute. The doubt of the power of Parliament to tax America, can hardly be faid to have generally cxifted in America itfelf, before the year 1754^ when the matter was for the firll: time canvafled in the papers annexed in the Appencix. It was not, I believe, the idea of Mr. Grenville to make ufe of that powers if the American Aflemblies would themfelves have impofed a tax^ to raife the fum which he defired, and it was upon their re- fufal only, that he made the motion for the Stamp A' .g on that occafion from any opprefTive motive, fince the queftion of right was certainly doubtful ; and after the Stamp Adl was repealed, and all the duties contained in the A that if this agree- ment had been made, and all apprehenfions of Parliamentary taxation, and of altering their char- ters, had been quieted for ever, we fhould have obtained, in future times, more ample grants from the American Aflemblies, on all occafions of pub- lic danger, than ever could have been exacted from them by a the propofition not only requircs> that provifion ihould be made according to the con- dition^ circumftante, and Jitttqtion of each Province or Colony^ for contributing their proportion to the common defence -, but the exercile of the right of taxation is to be forborne only, forfo long as fucb frovifton Jhall be made accordingly^ which certainly admits of this conftru^ion, that whenever Parlia- ment ihould be of opinion, that the fum ftrft agreed on did not continue to correfpond to the condi- tion, circumftances, and fituation of the Colony> the agreement was at an end, and the right of tax- ation might, notwithftanding the agreement^ be cxercifed as before. This woi>ld undoubtedly have been inlidious ; and though I am convinced that thefe words only meant, that if the Ameri- cans did not continue the proportion firft agreed on,, the exercLfc of taxation fhould be revived ; yet in a matter of fiich infinite conlequencc to the Co- lonies, re )f >y [ 59 1 lonies, it was not furprifing that they were fiifpi- cious, and that they underftood ambiguous words as meant to enfnarc them. But it is impoflible for me to believe, that the noble Lord meant any thing infidious, or the lead unfair ambiguity,' by exprcffing himfelf as he did, in that propofition. I remember I took occafion, in the following fcflion, to itate to the Houfe the fenfe in which the Americans underftood the pro- pofition, and at the fame time the fenfe in which I myfelf underftood it, and I called upon the noble Lord, to explain in his place the fenfe in which he meant it. His anfwer was plain and direct, that he meant it in the fenfe in which 1 had underftood it, and by no means in that in which the Ameri- cans had conceived it, and that he meant it as the ground-work of a fair negociation. . >, The proceedings in Parliament, in conicquence of the Petition from Nova Scotia, by which that Colony declared its acceptance of the propofition, though thefe proceedings were afterwards dropt, are a further proof of the fenfe in which the propo- rtion was meant and underftood by Lord North. But the public have the utmoft reafon to re- gret, that in a matter of fuch magnitud , and where fo much depended on the accuracy of ex- preffion, this important propofition was not com- municated to the friends of America, before it was offered to the Houfe, that their objedlions iYiight have been obviated; for it is not to be wondered that a people, whofe jealoufy had been rouzed to fuch a degree, and whofe leaders did I 2 .not [ 6o ] not perhaps "wifh for a reconciliation, fliould re- ject a propofition, fo conceived, as to admit of be- ing confidered as infidious, and which, if taken in the fenfe the v/ords could bear, was no other than a fnare to deceive them. It was evident to thofe who were prefent, when this propofition was offered to the Houfe, that it was made by the noble Lord, without the full aflent of all his aflbciates in adminiftration j which is ano- ther proof, to my mind, that he meant by it, a great deal more than the Americans apprehended; for if it meant to leave Parliament at liberty to vary the proportion of each Colony, from time to time, the moft violent aflertor of the rights of Par- liament could not have objeded to it j and I, for one, fhall always think favourably of the noble Lord, for the candour and moderation which fuggefted to him the idea of that propofition, though it was attended with fo little fuccefs. But as I have taken UiC I'berty to cenfure the oppofition given in Parliament to that piwpofition, I think myl'elf called upon, in jufticc, to exprefs the approbation which I feel, of the conduft of the fame Members, upon feveral fubfcquent occa- fions. In the courfe of thefe American debates, in- ftead of confining themfelves merely, asisufual, to objefting to thcmeafures propofed in Parliament by Adminiftration, they have repeatedly propofed plans of accommodation with the Colonies, which it was in the power of Adminiftration to have amend-r ed and adopted, and by which, if they had adopted them, the propofcrs would have reaped no other advan* [ 6i 1 advantage, except the fatisfadion of having ren- dered, out of office, a mod eflential fcrvice to their country. This conduft, of which I highly approve, counterbalances, in a crreat meafure, in my mind, the error I think they committed, in oppofing, inftead of endeavouring to correal, the defeats of that propofition of the 27 th February, 1775, in order to have recommended it with all their influence, to the acceptance of America. I am apt to think, that the unfavourable recep- tion of that propofition in America, was the true caufe, that no farther attempt was made in Parlia- ment, to offer terms to the Colonies, and probably fuggefted the idea of fending out Commiflioners; but as the powers granted to them by Parliament were confined to the granting of Pardons, it was impolTible that they could do more, than merely to enquire, upon what terms an agreement could be ma„ % HI, w [ 64 ] of minifters to what concerns them, will probably as much exceed the true medium, in their favour, as it before fell ihort of it, againll them. United with us, we fliould ftand firm and fecure, if af- failcd by the united efforts of the mofl powerful flates in the world, and America will thus be pre- ferved, not only from foreign wars, but from the danger of internal difcord, and will goon, in that high career of profperity, which it enjoyed before the unfortunate jera of 1764. But America has declared itfelf independent, and the idea of eflablifhing a new and magni- ficent empire, upon the pillars of freedom, is a flattering objedl, and mufl captivate every youthful and generous mind j but are there no rocks or quicksands to be dreaded ? Even if the objeft were already obtained, it would be a new phe- nomenon in the univerfe, a republic pofTeffing an extenfive continent, and yet preferving its li- berty J the wifeft and mofl plaufible theory, cannot provide againft all the dangers of fo new and un- trodden a path. The Englifh Conflitution, with all its defefts, is undoubtedly the befl that has ever yet exifled upon the globe, and it will be time enough for the Americans to feparate them- felvcs from us, when the natural decay of all hu- man inftitutions, has rendered this fair fabric a Icene of corruption, and when defpotiim begins to rife upon its ruins j till then, it will be the interelt of America to continue united with Great Britain. The two countries are peculiarly fitted to contri- bute to each other's profperity j and if any thing is f [ 65 ] js likely to prolong, to ^ges tod remote for pro- bable con jedure, the freedom and profperity of this kingdom, I conceive it would be, the con- nection which may now be formed with Britidi America*' ,- ■ ■ -'ic ?.'■'' *"■■• - ••■ ••.*;"•:■• The paflionsofthe Americans> who are in the midft of the fcene of aftion, muft no doubt be more excited than here, where all is ftill at reft^ and certainly refentment, from the defolation of war, muft be ftrong in the minds of many j but the fuccefles they have had, againft the beft dif- ciplined and braveft troops in Europe, as it muft elevate their minds, will alfo, in brave menj al- leviate their refentment> and the condud of Ge- . neral Gates and his army, after the capitulation of General Burgoyne> is an evident proof, that this has been the cafck The conduft of that victorious armyi was that of a brave, generous, and civil- ized people ; and at the fame time that it de- ferves the higheft praife, is an evident proof, that the violence of refentment was cxtinguifhed with victory. Another obftaclc may arile, frbtn the amtjitiort of individuals, who having been raifed by the prefent difputes, to fituations of great importance, may diflike to return to their former fittiations. But as the Americans have not cxifted as a fepa- rate people, for more than two years j as the indi- viduals which compofe that people, have not yet had time to be corrupted ; and as I do believe^ that the greater part of thoic, who have put them- felves moft forward, on this occafion, have been K inQuenced r- i. I [ 66 1 influenced by a ftrong and fervent love of their country j I do not believe, that if a fair profpeft is opened, of eftabli^ing the rights of America upon a clear and ' iJ footing, and of reftoring the ancient connecliou with this country, upon ho- nourable terms, that thefe men will, from per- fonal motives, throw any obftacle in the way. That fuch felfifh principles are the growth of cor^ rupted ftates, and do not exift in the early age* of a Repi^'blic, may be icen, from what frequently happened in ancient Rome, where thofe who had ferved the date in the higheft fituations, in times of public danger, retired, without regret, to the plough, and refumed the hunxble care of their do- meftic concerns. r - > America muft know, that notwithftanding our bad fucceflcs hitherto, we are ftill able to diftrcfs them much, if not to conquer them. That if our blood and treafure is wafted, theirs cannot be fparedj and if it were clear, that the aid of France would turn the fcale in their favour, yet that aid cannot be obtained without conceflions on their part, more prejudicial to them, than would refult from a proper connexion with us, nor would the trade of France compenfate to Ame- rica, the lofs of the trade of Britain. ■ I will fairly confefs, that I do not know, if it would have been wife in America, to have entered into an agreement with us, till they had convinced this nation, as they have certainly done, of their power to refift, and to defend their rights j be- caufe till then, they could not have relied with perfect ''I f «7 ] jperfcft confidence, on the obfcrvancc of fuch an agreement in all future times, and the prejudices entertained in this country, to their difadvantage, perhaps required as ftrong proofs Is they have given, of their fpirit, to be entirely removed. But the cafe is now extremely different i whatever treaty is now made, they are fure will be faithfully per- formed, and they are certain of enjoying every advantage arifing from the Britifh Conftitution, to the utmoft extent. Will any man fay, that it is poflible to exchange it for a better ? Or will wife men truft to uncertain fpeculations, in a matter of fuch infinite confequence to their happinefs, and will they rejed a certain good within their reach, in order to gralp at an imaginary idea of per- fedion? . K.- .... The cafe may be jlJated in another view : Let the Parliament of Great Britain be in this cafe confidered, in the queftion with America, as one perfon, and as reprefenting the executive power ; this power, we fhall fuppofe, has attempted to en- croach on the liberties of America, in the point pf taxation, as Charles the Firft did with refpedt to England. The Americans refill, and have at laft ?ii opportunity, of fixing the limits of this power for the future, fo as that no tax fliall be there- after levied, without the confent of the refpedive Aflcmblies chofen by themfelves. They have alfo an opportunity of afcertaining all other doubtful points in the conftitution, and of having all their ^grievances redrelTed. Would it not be a degree pf Jui^sicyi to let Hip an opportunity fc favourable " K ^ * \i: to k n I *a' ' N [ 68 ] to their happinefs, and to perfift in a ruinous and bloody war, in hopes that at laft, with the aid of fi defpotic Government;, they may eftablifh a new and independent empire. Can they at once forget, the happinefs they enjoyed, and the freedom and profperity which wasevery v/herediffufed, through- out thefe fertile province's, before the Britifh Par- liament attempted to tax tJiem j and can they hopt for more profperity, under any poflible form of conftitution, provided their rights are now clearly aicertained ? Were the natives of any angient free State, or arc the natives of Holland now, more fi'ee or happy, than thofe of the Britiih ifles ? Some of the leaders in America have, however, affirmed in their writings, that though every ancient and modern form of Republican Government, has been defective j yet they have difcovered the true caufes of their decline j and that the new fyftem formed for America, is free from all of thefe d,efe < IJ!< -t|.l ; Vj» ^.ciu;; '•/' i.-i !!J i * » I Vf J i^^ '■■>. •If I f.( L'O . :k >il •■* • lit •.f .1 til : 4 \ ■» # \ iff! m .. r .-..t: 1 !. » - V'.. -,^ »• - '^ r- ,••■'- ' r .'"•"•» ; APPENDIX. m Letters of Dr. Franklyn^ pubUjhed in the London Chronicle^ from the 6th to the %th of February^ 1766. 'V 'To the Printer of the London Chronicle* SIR, "IN July 1754, when, from the encroachments of the French in America on the lands of the crown, and the interruption they gave to the com- merce of this country among the Indians, a war was apprehended, CommifTioners from a number of the Colonies met at Albany, to form a Plan of Union for their common defence. The plaA they agreed to was in fhort this ; ' That a grand * Council fhould be formed, of members to be cho- * fen by the affcmblies and fent from all the Colo- * nies i which Council, together with a Governor « General to be appointed by the Crown, fhould * be empowered to make general laws to raife mo- * ney in all the Colonies for the defence of the L ' wh f 'ii„t i:«(f, m [ B2 ] f \w ought rather to be given them as due to fuch merit, if they had been before in a ftate of flavery. " Thefe, and fuch kind of things as thefe, I apprehend, will be thought and faid by the people, if the propoi'ed alteration of the Albany plan fliould take place. Then the adminiflration of the Board of Governors and Council, fo appointed, not having any reprefentative body of the people to approve and unite in its meafures, and conciliate the minds of the people to them, will probably be- come fufpeded and odious; dangerous animofities and feuds will arife between the Governors and Go- verned, and every thing go into confufion. " Perhaps I am too apprehenfive in this mat- ter i but having freely given my opinion and rca- fons, your Excellency can judge better than I whether there be any weight in them, and the fhortnefs of the time allowed me, will, I hope, in fome degree, excufc the imperfe6tion of this fcrawl. " With the greateft refpect, and fidelity, I have the honour to be, your Excellency's moil obedient, and moll humble fervant." \y S I R, Bq/hfJi Dec. 2a, 1754. " Since the converlation your Excellency was pleafcd to honour me with, on the fubjed: of larart- ing the Colonies more intimately with Great Bri- tain, by allov/ing them Reprcfentatives in Parlia- ment, I have fomcthing further confidered that ma:ter, anil am of opinion, that fuch an union would [ 83 ] would be very acceptable to the Colonies, provided they had a reafonable number of Reprefentatives allowed them } and that all the old Ads of Parlia- ment, reftraining the trade or cramping the manu- faflures of the Colonies, be at the fame time re- pealed, and the Briuifh fubje(51:s on this fide the water put, in thole refpeds, on the fame footing with thofe in Great Britain, till the new Parliament, repre- fenting the whole, Ihall think it for the intereft of the whole to re-ena6l fome or all of them : It is not that I imagine fo many Reprefentatives will be allowed the Colonies, as to have any great weight by their numbers; but I think there might be fuf- ficient to occafion thofe laws to be better and more impartially confidered, and perhaps to overcome the private intereft of a petty corporation, or of any particular fet of artificers or traders in Eng- land, who heretofore feem, in fome inftances, to have been more regarded than all the Colonies, or than was confident with the general intereft, or beft national good. I think too, that the govern- ment of the Colonics by a Parliament, in which they are fairly leprefented, would be vaftly more agreeable to the people, than the method lately attempted to be introduced b'^ Royal Inftruvftions, as well as more agreeable to the nature of an I'ng- lilh Conftitution, and to Englifli Liberty i and that fuch laws as now feem to bear hard on the Colonies, would (when judged by fuch a Parli:i- ment for the beft intereft of the whole) be more chcarfully fubmitted to, and more eafily executed. S ^ I* i M 2 *' I flioukl [ 84 } " 1 Ihould hope too, that by llich an unions the people of Great Britain and the people of the Co- lonies would learn to confider themfelves, not as belonging to different Communities with different interefts, but to one Community with one intereft, which I imagine would contribute to flrengthen the whole, and greatly lelTen the danger of future feparations. " It is, I fuppofe, agreed to be the general in- tereft of any ftate, that its people be numerous and rich ; men enough to fight in its defence, and enow to pay fufHcient taxes to defray the charge ; for thefe circumftances tend to the fecurity of the flate, and its protection from foreign power : But it feems not of fo much importance whether the fighting be done by John or Thomas, or the tax paid by William or Charles : the iron manufac- ture employs and enriches the Britifh Subjedts, but is it of any importance to the ftate, whether the manufa<5turers live at Birmingham or Sheffield, or both, fince they are ftill within its bounds, and their wealth and perfons at its command ? Could the Goodwin Sands be laid dry by banks, and land equal to a large country thereby gained to England, and prefently filled with Englifh inhabitants, would it be right to deprive fuch inhabitants of the com- mon privileges enjoyed by other Englishmen, the right of vending their produce in the fame ports, or of making their own Ihoes, becaufe a merchant, or a fhoemaker, living on the old land, might fancy it more for his advantage to trade or make fhoes r is 1 (hoes for them ?' Would this be right, even if th« land were gained at the expence of the ftate ? And would it not k^m lefs right, if the charge and la- bour of gaining the additional territory to Britain had been borne by the icttlers themfelves ? And would not the hardfliip appear yet greater, if the people of the new country Ihould be allowed no Reprefentatives in the Parliament enafting fuch impofitions ? Now I look on the Colonies as fo many counties gained to Great Britain, and more advantageous to it than if they had been gained out of the {e^ around its coafts, and joined to its land : For, being in different climates, they af- ford greater variety of produce, and materials for more manufaftures ; and being fcparated by the ocean, they increafe much more its Ihipping and feamen ; and fince they are all included in theBritilh Empire, which has only extended itfelf by their means j and the ftrength and wealth of the parts is the ftrength and wealth of the whole ; what imports it to the general ftate, whether a mer- chant, a fmith, or a hatter, grow rich in Old or New England ? And if, through increafe of people, two fmiths are wanted for one employed before, why may not the new fmith be allowed to live and thrive in the New Country, as well as the old one in the Old? In fine, why fhould the coun- tenance of a ftate be partially afforded to its people, unlefs it be moft in favour of thofe, who have moft merit ? and if there be any difference, thofe who have moft contributed to enlarge Bri- 3 tain's .1!' 1^ .1. '^ I I [n [ 8^ J tain's empire and commerce, to increafe her ftrength, her wealth, and the numbers of her peo- ple, at the rifle of their own lives and private for- tunes, in new and fti-ange countries, methinks, ought rather to expect fome preference. " With the greateft refped and efleem, I have the honour to be , ? i Your Excellency's mofl: obedient and moft humble fervant." <• i i. '. ■' t.\ . II . Illil. APPENDIX. A P P E N D I X, N°. II. Extra&from a Treatife^ entitled^ « Let- ter from a Merchant in London to his Nephew in America^' written in I y 66, 6y Dr. Tucker, Dean ofGlo- cejier, atd naw republijhed in a Book, entitle i, *"' Four TraBs on political and commercial SubjeBsr —P. loi. " QIVE me leave to afk you, young man, what it w you mean, by repeating to me fo often, in t\ ry letter, the Spirit of the Conjiiiution ? I own, i do not much approve of this phrafe, becaufe its mean], g h- fo vague and indeterminate, and becaufe it may be made to ferve all purpofes alik. good or bad. And indeed, it has been my conftaiu remark, that when men were at a lofs, for folid arguments, and matter of fad, in their political difputes, they then have recourfe to ihe fpirit of the ConftJtu- tion. m 'Ill I- IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 .lis 11.25 iM |2.5 12.2 Z h£. 12.0 I p" <^ v ^V-^ ^.^* ■> 7 -^J ^ ^ /p^-w. Photographic Sciences Corporation 23 WIST MAIN STRUT ViMSTH.N.Y. MStO (716) •72-4503 ^ <^^ -t - t «8 ] tian* as to their laH ihifc, and^e only thm^tkaf had to fay. An American, for exampJe, now infifts, that, according to the fpirit of the EngUJb Conftitution, he ought not to be taxed without his own confent, given either by hKtufelf, or by a rcprefentative in Parliament, chofert" by himfelf. Why ought he not ? And doth the Conftitution fay in fo many words, that he ought not? Or doth it fay, that every man cither hath, or ought to h»ve^ or was intended to have, a vote for a member of- Parliament ? No, by no means : the Conftitution fays no fuch thing— But the fpirit of it doth, aijd that is as good, perhaps better — Very well j fee then how the fame fpirit will prc- fcntly wheel about, and aflert a doftrine quite re- pugnant to thi claittisand pofi^ons of you Ainc- ricans. Migna Charra, for cxartiple, i« the great foundation of Englifh liberties, and the bafis of the Englilh Conftitution. But, by the fpirit of Magna Charta, all taxes laid on by Parliament, are cMftitutimtal legal taxes ; and taxes raifed by the prerogative of the Crown, without the con- fent of the Parliamtent, arc illegal. Now remem- ber, young man, thit the lite rax, of duties upon ftafnps, was laid on by Parliament ; and there- fore, according to your own way of reafoning, muft have been a regular conftitutional legsfl tax. Nay more, the principal end and intention of Magna Charta, as far as taxation is concerned, was to aflert the authority and jurifdidion of the three cftates of the kingdom, in oppofition to the Jolc prerogative of the King } fo that if you will now t 89 I cc cc now plead the fpirit of Magna Charta, againft the jurifdiftion of Parliament, you will plead Magna Charta a^ainft itlelf." And in page 108, the fame author goes on as follows : " What then is it, which you have next to offer ? Oh ! " The unreafonablenefs, the " injuflice and the cruelty of taxing a free people, " without permitting them to have reprefenta- **. tives of their own to anfwer for them, and to maintain their fundamental rights and privi- leges*'* — Strange ! that you did not difcover thefe bad things before — Strange ! that though the Bririfh Parliament has been from the begin- ning, thus unreafonable, thus unjuit and cruel, towards you, by levying taxes on many commo- dities outwards and inwards, nay, by laying an internal tax, the -poft tax for example, on the whole Britilh empire in America, and what is ftill worfe, by making laws to affedt your property, your paper currency, and even to take away life kfelf, if you offend againft them. Strange and unaccountable I fay, that after you had fuffered this fo long, you Ihould not have been able ta have difcovered, that you were without repre- fcntatives in the Britilh Parliament of your own clefting, till this enlightening tax upon paper opened your eyes, and what a pity it is that you have been flavts, and yet did not know that you were (laves until now. . " But let that pafs— for I always chufc to confute I ou in your own way. Now, if you mean any thing at all by the words unreafonable, unjuft^ N and [ 90 ] and cruel, as iifed in this difpute, you muft mean, that the mother couniry deals worfe ly you than by the inhabitants of Great Britain^ and that Jhe denies certain conjlitutional rights and privileges to you abroadt which we enjoy here at home. Now pray, what are thefe conftitutional rights and liberties which are refufed to you ? Name them if you can. The things which you pretend to allege, are, the rights of voting for members of the Britifh Parliament, and the liberty of chufing your own reprt'fentatives. — But, furely, you will not dare to fay, that we refufc your votes .when you come hither to offer them, and chufe to poll. You cannot have the face to aifert, that, on an elec- tion day, any difference is put, between the vote of a man born in America, and of one born here in England, Yet this you mufl affert, and prove too, before you can fay any thing to the prefent purpofc. Suppofe therefore, that an American hath acquired a vote, as he legally may, and ma- ny have done, in any of our cities or counties, towns or boroughs j fuppofe that he is become a freeman or a freeholder here in England. On that flate of the cafe, prove if you can, that his vote was ever refufed becaufe he was born in America — prove this I fay, and then I will al- low, that your complaints are very juft, and that you are indeed the much injured, the cruelly treated people you would make the world be- lieve. " But is this fuppofcd refufal the real caufc of your complaint ? Is this the grievance that; calU I 9^ 1 Co loudly for redrefs. Oh ! no, you have no com- plaint of this fort to make, but the caufe of your complaint is this, that you live at too great a diftance from the Mother-country, to be prefent at our Englilh eleftions, and that in confequence of this diftance, the freedom of our towns, or the freeholds in our counties, as far as voting is con- cerned, are not worth attending to. It may be fo, but pray confider, if you yourfelves do chufe to make it inconvenient for you to come and vote, by r£tiring into diftant countries, what is that to us, and why are we to be reproached, for committing a violation of the birthrights of Englifhmen, which, if it be a violation, is com- mitted only by yourfelves — Gtanting that the Co- lonies are unrcprefented in the Britifh Parliament, granting that two millions of people in America have in this refpeft no choice nor elcdion of their own, through the necefllty of the cafe, and their diftance from the place of eledlion, what would you infer from this conceflion, and wherein can fuch kind of topics fupport your caufe ? For know, young man, that not only two millions, which are the utmoft that your exaggerated accounts caq be fwelled to, I fay, not only two millions, but fix millions at leaft, of the inhabitants of Great Britain, are ftill unrcprefented in the Britifti Par^ liament. And this omiflion arifes not from the necefllty of the cafe, not from confulting intereft and convenience, as with you, but from original ideas of Gothic valfalage, from various c^fualtie^ $n4 accident?, from changc;s in the nature of pro- N a pcrtyj perty, from the alteration of times and circum-= ftances, and from a thoufand other caufes. Thus, for example, in the great metropolis, and in ma- ny other cities, landed pr<^rty itfelf hath no feprefentative in Parliament j copyholds, and leafeholds of various kinds, have none likcwife, though of ever fo great a value. Moreover, in fome towns, neither freedom nor birthright, nor the ferving of an apprentice fhip, fhall entitle a man to give his vote, though they may enable him to fet up a trade. In other towns, the moft numerous, the moft populous and flouriihing of any, there are no freedoms or votes of any fortj but all is open", and none are reprefented. And befides all this, it is well known, that the great Eaji India Company, which have fuch vaft iettle-r ments, and which difpofe of the fate of kings and kingdoms abroad, have not fo much as a fingle member, or even a fingle vote, quatenus a company, to watch over their interetts at home. What likewife fhall we fay, in regard to the pror digious number of ftock-holders in our public funds ? And may not their property, perhap.^ little fhorc of one hundred millions Sterling, as much deferve to be reprefented in Parliament, as the fcattered townfhips or ftraggling houfes of fome of your provinces in America ? Yet we raife nq commotions ^ we neither ring the alarm bell, nor found the trumpet i but fubmit to be taxed without being reprefented, and taxed too, let me tell you, for your fakes. Witncfs the addhional duties on our lands, windows, houfes; alfo ot\ 8 PMf f 93 1 our malt, beer, ale, cyder, peny, wines, bran* dy, rum, cofifee, chocolate, &c. &c, &c. for de- fraying the e'zpences of the late war,-— not forget- ting the grievous ftamp-^duty itfclf j all this, I fay, we fubmitted to, when you were, or at Icaft you pretended to be, in great diftrefs j fo that neither men, almoft to the laft drop of blood we could fpiW — nor money, to the laft piece of coin, were fpared ) but all was granted away, all was made ^ facrifice, when you cried out for help: And ^e debt which we contraded on this occafion, is fo extraordinary, as not to be paralleled in hiftory. It is to be hoped, for the credit of human na- ture, that the returns which you have made us, for thefe fuccours, and your prefent behaviour towards us, which perhaps is ftiil more extraor- idinary, may not be paralleled lik^wife. ^^ But as you Americans do not chufc to remem- ber any thing which we have done for you, though we and our children fliall have caufe to remem- ber it till Uteft pofterity— let us come to the topic, which you yourfelycs do wifh to reft your caufe upon, and which you imagine to be the ihcet anchor of your ftate veflcl. ** You are not *f reprefcnted, and you arc two million?, thercr ." fore you ought not to be taxed." We are not reprefented and we are fix millions, therefore we ought not to be taxed, Which now, even in your own fenfe of things, have moft reafon to complain? And which grievance, if it be a grie- vance, deferves firft to be redrelfed ? Be it there- (gre fuppofed, that an augmentation ought to take [ 94 ] take place in our Houfe of Commons, in order ' to rcprefent in Parliament the prodigious num** bcrs of Britifif fubjefts hitherto unreprefented. Jn this cafe, the firft thing to be done is to fettle the proportion. And therefore, if two millions (the number of perfons actually reprefented at pfefent) require five hundred and fifty-eight re- prefentatives (which I think is the number of our modern Houfe of Commons), How many will fix millions require ? — The ahfwer is, that they will require one thoufand fix hundred and feventy- four reprefentatives. Now this is the firft aug^ mentation which is to be made to our lift of par^ liament men. And after this increafe, we are to be furnifhed, by the fame rule of proportion, with five hundred and fifty-eight more from the colo- nies. So that the total numbers will be two thou-* fund Jiven hundred and nimty reprejentatives ' in parliament ! A goodly number truly ! and very proper for the difpatch of bufinefs I Oh, the de- cency of fiich an affembly ! the wifdom and gra^ vity.of two thoufand feven hundred and ninety kgiflators, all met together in one room ! What ?i pity is it, that fo hopeful a project Ihou Id not jjie carried into immediate execution j" iidr^l^ t 9S 1 ExtraEl from a Pamphlet^ entitled^ ' «< the rights of Great Britain of- " ferted againfl the claims of Ame- , *' rica\ being an anfwer to the " declaration of the General Con^ '' grefsr —P. 3. " "WO maxim in policy is more univer- fally admitted, than that a fu- preme and uncontrollable power muft exift fome- where in every ftate. This ultimate power, though juftly dreaded and reprobated in the per- fon of one mon^ is the firft fpring in every poli- tical fociety. The great difference between the degrees of freedom in various governments, con- fifts merely in the manner of placing this necef- fary difcretionary power. In the Britilh empire it is veiled, where it is moft fafe, in King, Lords, and Commons, under the colledive appellation of the legiflature. The legiflature is another name for the conftitution of the ftate, and in fad the ftate itfelf. The Americans ftill own themfelves the fubjcds of the ftate, but if they refufe obe- dience to the laws of the legiflature, they play upon words, and are no longer fubjeds, but re- bels. In vain have they affirmed, that they are the fubjeds of the king's prerogative, and not his fubjeds in his legiflative quality j as the King with regard to his fubjeds in general, is to be I con^ 3S t 96 i considered only in his executive capacity, as th(i P . ihc II r 98 1 " Why it has been fo generally received, as a ftiaxim> in this country, that taxation an4 rcpre- fentation are infeparable, requires to be further explained. Men little acquainted with the Con^ ftitution, derive the opinion from their £uiding> that it is the indifputable right of the Com- mons> that all grants of fubfidies and Parliamen- tary aids, fhpuld originate in their Houfe,, But- though they firll beftow thefe fubfidies and aids^ their grants, as has been alrc;ady obferved, have up effeft, ^vithout the afTent of the other two branches of the Legiflaturcr The cotnmon rea- fbn given for this exclufive privilege is, that as the fuppli^s are raifed upon the body of the people, the people only ought to have the right of taxing themfelves* This argument would have been conclufive, if the Commons taxed none but thofe by whofe fuffrages they obtain their feats in Parliament* But it has appeared, that more than feven millions of people, befides the Peers, wha are in pofTcflion of fb large a fhare ^ the Province, are general over the whde Province, aaJ not }mpo(ed folely on any particular diilrif^. The reprefentativrv of the other diftriAsy ar« therefore virtual reprefentatlvei of thofe corporations which fend none, bec^ufe they and their coRftitoents are equally concerned io intereft with the uni-e- prefented parts of the Province, to keep the taxes low; and this is found fo effe^ual a cheek againll abufe, that one third of the corporations do not find it worth their while to fend deputies. Th« fante was the caie anciently in England ; for it is well known, that many boroughs declined fending Mem- bers to Parliament, in order to fiive the cxpencc of paying their deputies. t 99 1 of property in the kingdom, have no voice Hi Ihe ele6lion of the Members who fit in tht lower Houfe, The Commons therefore, and their conftituents, not being the only perfons taxed, the former cannot poflfibly have the only right of raifing and modelling the fiipply, from the n^erc circumftance of reprcfentation *. But if clicy have it not from rcprefentation, they mu'': in fa6t derive it from ;the fupreme and difcretionary power* which is repofed in them, in conjunftion with the. two other branches of the l^giflaturci It a|>pears upon the whole, that taxation is the ref^lc of the difcretionary power, which k placed in the htnds of the Legi/lature, and exerted by cheiti for the neccffary fupport of the State. To> dusipo^er, the: whc^e empire muft fubmit, and tcoi)fequently 110 on.e of its fubje^ can claim any exemption* , ,; - ^ ;. i ** The counties palatine of Chefter, Durham^ ^4 Lancafter, were anciently in the fame predica- ment with the Americans, on the article of taxa- fian., The Earl «f Chefter, and the bifliop of Dm:hain, became, by prefcription and immemo- rial cuftom, pofleifed of a kind of regal jurifdic- qpn» within their refpedive territories4 A fimilar form of government was eftabliflied by King Edward the Thij;d, ji^ jl>^ £^yii^t^ of .Lancafler, '''•*lt wouM reqoifc tdOi lonf; a difcyffiou to ftjow the fallacy of tK& riir6«raifr4 ' il>tliev«ane luppofed grievance, in a peaceable and duti- 'y h ' fill t .0. ^ 7 he • ' ti- *ui ful manner to tbe LegiHature, I can perceive no rcafon why their requeft ihould be refuied. Had they, like the county and city of Chefter, rcpre- fented, that « for lack of knights and burgeflcs •* to reprefcnt them in the high Court of Parlia- .?« ment, they had been often times touched and " grieved with adts and ftatutes, made within " the faid Court, derogatory to their moft " ancient jurifdiftions, liberties, apd privileges, " and prejudicial to their quietnefs, reil:, an(jl " peace -,** this country would, I am perfuadcd, have no objedion to their being reprefented in our Parliament. " But the Colonies, though that circumftance is only infinuated in the declaration, have uniformly affirmed, that granting the fupremacy of parlia- ment Ihould extend over the whole empire, yet that they themfelves have a right to an exemp- tion from taxes, either by the concefllons of the Legiflature, or by charters from the King. It feems incompatible with reafon, fay they, that the Colonies Ihould have internal legiflatures of their own, poflcfling the authority of taxation, and that, notwithftanding, the Britilh Parliament ihould re- tain its power of laying imports. The firft of thefe affertions is not founded in truth, and the charters neither give, nor can give, an exemption from taxation.** It is unneceflary to enter into a difcuflion of fe^ veral queftionable pofitions in thefe quotations. They arc only here inferted, to (how, that thefe diftin- ^ftmgtsiiKfed Writer^ coAccivdt, ihit the right of Parliament td tax kht kMrept^fin^^d part of Eng- land, ftandi' exaftly oil tht' fame footing with ' «h€ir right to tast Amcrlcai 'I: cohceive, on the j«( Imh- '* i^lfrn^oHrtu sv'tdtai^i^lJSiJ&ijy^^^^^^^ ni b^ct'/iilni yino J I .^rti:ii tub ffioif V i:?; *^tl J Ycf "s^ <'ri Tiiijjp^f m Lvbrj: •^1 cTfi^ii —■Vi** JiOJi i njdf i'jai nuita ^ihrn- ,oq iSldtTio! 'Hup Ifi't'.v . •• * • •-' m'^mi I'f , I I ,!, ■ i«M* A P P E N D I X. N% III. I ■* . A G^atlejn^ at Pari^ having giren i copy of this Pamphlet to Dr. Franklin, he received, the following letter, which he tfanlinnitted to me, explaining amillake into which I had fallen, with refpeifk to the nature of Mr. Grenville's propofl* tions to the Colonies, concerning the Stamp Act. I have lince read Dr. Franklin!s cxAOiination at the Bar of the Houfe of Commons in the Com- mittee on the Repeal of the Stamp Aft in Spring 1766. And I find, that he then aiTerted* in pre- fence of Mr. Grcnville, That he had delivered to him the Rcfolution of Pennfylvania referred to in the following letter, while the Stamp Aft was under confideration, and before the BiU wm. bjought in. I think it my duty therefore to lay the matter fairly before the Public, by pubiilhing Dr. Franks- iia's account of that matter. Ccpy cfa Litter from Dr, Franklin, T fi ''Dear Sir, PaJy^MardiitKi^-jt. *' In the pamphlet you was fo kind as ta lend , liic, there is one importafit fact mi^ftated, appa- j o rendy ff ntly from the Writer's not having Been furnifliccf wirh good iniormation. It is the tranfadliion be- tween Mr. Grenvillc and the Colonies, wherein he underftands that Mr. Grenville demanded of them a fpecific fum ; that they refufed to grant any thing ; and that it was pn their refufal only that he made the motion for the Stamp Ad. No one of thefe particulars is true. The fad. was , this : .*•« Some time in the winter of 1763-4, Mr. Grenville called together the Agents of the feve- ral Colonies, and told them, that he purpofed to draw a revenue from America, and to that end his intention was to levy a ftamp duty in the Co- lonies,' by ad of Parliament in the enfuing Seffion j of which he thought it fit they Ihould be imme- diately acquainted, that they might have time to confider it ; and if any other tax equally produc- tive would be more agreeable to them, they might let him know it. The Agents were there- fore direded to write this to their refpedive Al- femblies, and communicate to him the anfwers- they fhould receive. The Agents wrote accord- ingly. I was a member in the Affembly of Penn-> fylvania when this notification came to hand.-*r The obfervations there made upon it were : That the ancient eftabliflied and regular me- thod of drawing aids from the Colonies hid ever been this : The^ occafion was always firft cpnfi- dercd by their Sovereign in his Privy Coun- cil, by whofe fage advice he direded his Secre- tary of State to write circular letters to the fc- * vera! [ 105 ] veral Governors, who were directed to lay them before their aflemblies. In thofe letters, the occafidn was explained for their fatisfaiStion, with gracious expreffions of his Majefty's confidence in their known duty and affedion, on which he relied, that they would grant fuch fums as fhould be fuitable to their abilities, loyalty, and zeal for his fervice.— That the Colonies had always granted liberally during the late wari that the King, fenfible they had granted much more than their proportion, had recom- mended it to Parliament five years fucceflively, to make them fome compenfation, and the Parlia- ment accordingly returned them 200,000 /. a-year to be divided among them. That the propolition of taxing them in Parliament was therefore both' novel and unneceflary. That by the conftitution of the Colonies their bufinefs in matters of aid was with the King; they had nothing to do with any financier in England nor his projedbs, nor he with them i nor were the Agents the proper ca- nals through which requifitions fhould be made. It was therefore improper for them to enter into any flipulation, or make any propofition to Mr. Grenville, about laying taxes on their confliuients by Parliament, which had really no right at all to tax them j efpecially as the notice he had lent them of a revenue to be required of them, did not {tppear to" be the King's order, and perhaps was without his knowledge; as thz King, when he would' obtain any thing of them, always accom- panied his requifition with good words ; bnt this P Gentle- [ -ipfi ] and the difagreeable difcuflions refpe6ling the affairs of the Eaft India Company at both ends of the Town, have fo harafled and foured the greater part of the Proprietors of. Eaft India Stock, that 1 do not chufe to run the rifle of their difplea- fure by calling them together on the fubje6l of the Tea to be fent to North America, concerning which I delivered my fentiments fo fully in the laft General Court j befides the bufinels having now palTcd the Court of Direcfbors aided by all the influence of Adminiftration, under whofe political craft I know this ruinous mad projcdt was con- certed, and is now carried into execution; from thefe circumftances, I am fenfible it would be a vain cfibrt to oppofe the torrent, and ferve only to «' [ 109 ] 'g to diflurb my own friends, as well as the other Proprietors, by fummoning them together : But I cannot permit fuch -a naeafure to pafs without Hating in indelible charadters my objeftions and folemn proteft: You know how often we have had occafion to appeal to a paper of a fimilar na- ture, which my friend Mr. Dcmpfler and I gave in againlt the exorbitant powers given to Lord Clive. I wifh the Company and the Nation may not have occafion to regret this meafure as much : My judgment tells me they will : I am fure the Company on every alternative m^ift. 1 . Becaufe, fuppoling the Company quietly to fucceed in their prqjed:, it is contrary to the prin- ciples of their eftablifhment to become the circu- lators of their own commodities, particularly to North America, where, to fell to advantage, there muft be long credits, and to realize the re- turns, there muft be a circuitous commerce, in- compatible with the purpofe for which the Eaft India Company was eilablifhed ; and therefore it cannot anfwer the end of fupplying us with calh in the prefcnt exigency. 2. Becaufe fpeedy and certain payments under the Public Sales, endured by Law, is the beft method of conducting the trade of the Company, and much more fo at prefent, confidering our great Debt and the heavy Intereft we pay j be- fides, that we may be fure if there is really a vent at any particular market, private adventurers wiU find out the means of introducing the commodity better than a Company. And although the price ^t mrnim [ no ] at our fales may be low, yet I am perfuaded, c^I^ culating intereft of money, charges, lofs, infur* ance, fadtorage, &c. &c. that the profit will be more by adhering to the old method than the new, on clofing and balancing the account j be- fides, I think this new method injurious to the merchants of England* If the Company grafp at the diftributive channels of commerce as well as the monopoly, the nation will not bear it. . 3. Becaufe this is aiding Government in conti* nuing the moft uncommercial Tax that ever was impofed, to enforce a principle the moft unjuft and odious to all the People of North America, and contrary to the intereft of the Eaft Indii Company, who ftiould, of all the members of the community, join with the Americans the moft ftrenuoufly in obtaining the repeal of this Law. To give a drawback to encourage the exportation of a commodity, and to impofe a duty at the place of the confumption 1200 leagues off, is fuch a folecifm in the rules of commerce, that it requires a combination of fuch heads as now go- vern this country; fiirft to impofe it, then to enforce it, and now to continue it* Laftly. If it is faid, as was allcdged in the Houfe of\ Commons, that the Provincial combi^ nations in North America prevents private mer- chants from purchafing at the fales, becaufe they cannot vend the commodity, then I objeft more forcibly on this account than any other. Becaufe, in this cafe, the Eaft India Company is becoming the odious tool of Adminiftration to .1 bw*? [ III ] to force a conteft upon a fubjed that might die away or be repealed, where the Company runs innumerable rifles with their property— where they injure their own intereft by continuing the Tax, if they prevail : but where is it moft pro- bable the whole will be loft by accumulating charges, the frauds of agents, and the violence of mobs, I am, &c. (Signed) GEO. JOHNSTONE. FINIS.