^, .^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 ■^ l&i ■2.2 £f lift "^ Z U& 12.0 14 il.6 Photographic Sciences Corporatioii 23 WBT MAIN STRliT WnSTIR,N.Y. MS«0 (716) •72-4503 ^V' ^ CIHM/ICMH Microfiche Series. CIHJVI/ICMH Collection de microfiches. Canadiair Institute for Historical IMicroraproductions / Institut Canadian da microraproductions historiquas Technical and Bibliographic Notat/Notoa tochniquaa at bibliographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographieaHy uniqua. which may altar any of tha imagaa in tha raproduction. or which may tignificantiy changa tha uaual mathod of filming, ara chaelcad balow. D D D D D D D Colourad covara/ Couvartura da eoulaur I — I Covara damagad/ Couvartura andommag4a Covara raatorad and/or laminatad/ Couvartura raataurAa at/ou pailicul4a r~| Covar titia miaaing/ La titra da couvartura manqua Colourad mapa/ Cartaa giographiquaa vn eoulaur Colourad ink (i.a. othar than blua or black)/ Encra da eoulaur (i.a. autra qua blaua ou noira) Colourad plataa and/or illuatrationa/ Planchaa at/ou illuatrationa an eoulaur Bound %vith othar matarial/ RaM avac d'autraa documanta Tight binding may cauaa ahadowa or diatortion along intarior margin/ Laroiiura aarria paut eauaar da I'ombra ou da la diatortion la kmg da la marga intAriaura Blank laavaa addad during raatoration may appaar within tlia taxt. Whanavar poaaibia. thaaa hava baan omittad from filming/ II aa paut qua cartainaa pagaa bianchaa ajoutiaa lora d'una raatauration apparaiaaant dana la taxta, mala, ioraqua cala Ata.. poaaibia, eaa pagaa n'ont paa 4t« filmiaa. Additional commanta:/ Commantairaa tupplAmantairaa: IrrtguUv paginatkMi : slightly out of focus. Tha toll L'Inatitut a microfilm* la maillaur axamplaira qu'il lui a it* poaaibia da aa procurer. Laa details da cat axamplaira qui aont paut-Atra uniquaa du point da vua bibliographiqua. qui pauvant modif iar una imaga raproduita. ou qui pauvant axigar unm modification dana la mithoda normala da filmaga sont indiquia ci-daaaoua. D Colourad pagaa/ Pagaa da eoulaur □ Pagaa damagad/ Pagaa andommagiaa D Pagaa raatorad and/or laminatad/ Pagaa raatauriaa at/ou pailiculiaa r~y] Pagaa diacolourad, ttainad or foxad/ Tha po« ofti film Orif bagi tha aior oth4 firal aloi! oril D Pagaa dteoioriaa, tachatias ou piquias Pagaa datachad/ Pagaa dAtaehiat Showthrough/ Trantparanca r*~| Quality of print variaa/ Qualiti in4gaia da I'impraaaion Includaa aupplamantary material/ Comprand du material auppiimantaira D D Only edition available/ Seuie Mition diaponibia Pagaa wholly or partially obscured by errata siipa, tissues, etc.. have been refiimed to ensure the best possible image/ Laa pagea totalament ou pertieilement obacurciaa par un feuillet d'errata. una palure. etc.. ont At* fiimAea A nouvoau da fapon A obtanir la maiileure imaga poaaibia. [iii] - viii, [1] - 16, 24, 17-126, (Up. Wrinkled psgM may film Tha ahal TIN whi Ma, diff enti rig» raq ma This item is filmed at tha reduction ratio checked below/ Ce document eat filmi au taux da rMuetion indiquA ei-deeeoua. im 14X 18X 22X 26X 30X 1 ,..J_ , y 12X 16X 20X 24X 28X 32X TIm copy filmed hara has b««n raproduMd thanks to tha otnaroalty of: L'axamplalra fNm4 fut raproduit griea i la OAnAroahi da: Ms u lifiar na ■«• UnlMnMdtMontrM Tha Imagaa appaaring hara ara thb baat quality posslbia oonsMaring tha condition and lagibliity of tha original copy and In Icaaping whh tha filming contract tpacif kwdons. Original coplaa in printad papar covars ara fllmad beginning with tha front covar and anding on tha laat paga vvlth a printad or llluttratad impraa- sion, or tha bacic covar whan appropriata. All othar original copies ara filmad beginning on tha first page with a printed or liiuatratad impres* sion, and anding on tha last page with a printad or Illustrated impreesion. The last recorded freme on each microfiche shall contain tha symbol — ^-(moning "CON- TINUED"), or the symbol ▼ (meaning "END"), whichever epplies. Univsniw dc Monirail Les Imagae suivantas ont MA raproduhes avac la plus grand soln, compta tenu de la condition at de la nattet* de I'exemplaira film*, et en conf ormM avac les conditions du contrat da fllmage. Lee exemplalras orlgineux dont la couverture en papier eat imprimAe sent fllmAo en commen^ant par la premier plat at en termlnant salt par la darnlAre paga qui comporta une empreinte d'impression ou dIHustration, sdt par la second plat, salon la cas. Tous lee autrae axemplalree orlgineux sent fHmAs en commen^ant par la pramlAre page qui comporte une empreinte d'impreesion ou dIHustration et en terminent par la dernMre paga qui comporte une telle empreinte. Un des symboles suhrents apparattra sur la darnlAre image de cheque microfiche, selon le cas: la symbole — »» signifle "A 8UIVRE". le symbols Y signifle "FIN". IMsiM, plates, charts, etc., mey be filmed at different reduction ratios. Those too large to be entirely included in one exposure ara filmed beginning in the upper left hand comer, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tablaeux, etc., peuvent Atre f llmAs A des taux de rAductlon diff Arents. Lorsque le document est trop grand pour Atre reproduit en un soul cllchA, il est filmA A pertir de Tangle supArieur gauche, de gauche A droite, et de haut en bas. en prenent le nombre d'Images nAcessaira. Las diagrammes suhrants illustrant le mAthode. rata > •lure. A fiim 3 OX 1 2 3 1 2 3 4 5 6 :*■- K i» JU!. IW S S A ' [By t&t PouifylvaDiaii FifticXR] OJi THE CONSTITUTIONAL POWtR QP G » J5 -4 ^- i* ^ J* ^ -^ ^ Jf^ <>VEIL TPB CCyLONIES IK WITE^ T»lP 31 E & O L V * S 1^' or* THlr <; O M FOR TBB PROVrUCf Q? P EN N ST '#; iriv^ AND THElR *X ^ t *Ti^. I N is T R U CXI ON S To their REPRESENTATIVES .f % P HIL A X> £ LP HIJ Printed j and London Rc-printed for J.' Almok, op- pofite Builington HQtile» in Piccadilly. ^774* 6Z ^/A^ ii. i 4 -r 'i ExTi^ACT from the MnfVTBS o£ the COMMITTEE. T SJTURDJrr JVLY 16, [177%.] * HE committee few the [Mrdvince of Ppufihf ffitf] met according to ujournmeot. John Dickinson, DoAor William Smitr» JolBPH Hi AD, JohnICioo, Elisha Pftlfl. W|L-. LiAM Atlbb, Jambs Smith, Jambs Wluoir, Daniel Bioadhbad, John Okbly, ai^ Willi- am Scull, are appoiifted to preptte and bring in p drai^ht of inftruaions. Mtrnk^tjify iS *. Tlie committee appointiBd lo bring in in^udions, reported, that ther had made a draught^ which they laid upoii the table? Adtvidt That they be read, — ^which was dlne.< > , TiufiUy, Jufy 19. Upon a motion made and %?oi|d«. ed, agreed, that the draught of ioftrudions brought in by the committee, arid wliich were read, be re-com- nitted to the fame committee. ^.uai^jai^t 7«^io. The committee having brought in a draught of inftrudions, the fame were debatedy. amended and agreed to. Thurflby^ Jufy 21. The inftrufkions werejigned by the chairiiAan.— 'The committee, in a body, waited oA the Aflcmbly ^hen fitting, and prefented the fame. It having been moved, that theeflay of the inftrue« tions firft propefed to be given to the honourable Af- fembly of PiHnfylwmia, by the provincial committo * The committees of the counties having been inTiteil, by tb« committee for the city and counw of PbUMilpbiaf to meet them at PbUadtlpbim on the 15th of jMljf { this committee thought it their duty, to make Ibme preparation in the bulineft, that was to be laid before the provincial committee by them. On the 4tli of 7*(^ they appointed a committee for this purpofe} and this mea* fure enabled tbofc appointed by the provincial cominittee to bring j^ni a draught & ioon, afiembled T^ [ 'i ] aflnbUcd tkPbibdt^hig the iSth ioftant miglil be abridged, learins out the iffpimtmttivtputt lo at to be more proper ror inftru^ons, the ikme waa agreed .to'; bliiifefiaved Ui the diflM tiaiei tbik the whole work bttglit to be publiu»|y .ai higbljr, deferviiig-flio ftt^'itkd fbiowi confideration of evei|: Ukaifi Of li- ber^ wftbiitf c1fd%f tidtonief. 4rw4 iBUOMM^y iTbat the tlia&lci * of thia cen* < nittee lia given frooi the chair to John I)ickiii8on« E(q(. far the grearaffiftance they have derived ftorm th« laudable applieation of U$ fmuie^t abiUtiea to ^e iSrviorof hii country in the above perfiMmuBice* CHARLES THOMSON, CS&fl cftbiCmmfttu* • f^kimattHitm bkiag airft(ittlli«dinr, oa aee^vntof the ftimnl of a itdatkn, theam 4af thf .daa^Mta^ invvaiy eb. ^^I%hlg MiaiMr, dlMvercd tahim from the duirnt cbdAluof tko MMoittce} to dbsdt be replied t - «* Mir. GMAnnaAa^ « I heartily thank this re^ieebUe ASuMt lor the hdnottf they havot cqafmr«| »pon ine«,but want twwdto to cxMcfr the Had I miotii^ landbeft. The mete aeeideftir of meetfaiK «tMi pR^tieukr bbotai and co«iverfiagi,«M parficelar 0Mn» l«t mc intathe train of ftntiinents, which the ccaaaiiHte^awr nieafcd to thinli juft i and btfieffif widi the like opportonitiet of intorma'- tion «NMdd^aMKh better have :detiMnrc«^ to reeeHrethe,tbankt» they Sir generoufly give. I coniider die aporolMtion of this conuMuiy ttrevidefibe, that thiy eniertidn a nMotira^le opinion or my soqdil^iif fXMDteit il was eonfidjBrttd, iHief^ ^It would ^obibfi jj^rofter to form ibitte &iit4)if « 4k.euK however ioipeifed it i^hl be, «f Itl^Ae^w^mSet of «he€ti;)ii|&ii ai^ 'i»i fiaoB^«iie9ipt9itho*lrei)Fmte> ittig|it lieinMfl^VedJDyibdttgr httidt I attiit^lb^- ed abiolutely neqeflarv, no longer to-con^ fineourfelves tooccauonal complaints and pactiflldremsdttes, liut»if peffible/^^atlain lomiBdBgtte'of jcertakitf eteeisn^ iiit> lUri§, lipetliBsand properties* - OlimMlPftnmMd on iliis pUordief iwotild eMiprdkeiid emiriiid xery imporiaatqpb^ fitions, which it would be prosper ee^iatiiOi* duccy by previoufly afligning the real^ns, on which they were founded. OffaerWife^ the pofitions might not appear to the com- mittee to be juft. From this confideration it became neceflary to render the inftruc- tions long and argumentatiye i and who- ever candidly refleds on the importance of the occafion, will think fuch a method very }uiHfifllble« ' Tnid^ttgMofiii^aiottsbeii^broiilh^ 1^ the Drovincipal committee tad md» «|NlM«ob|faioii beii^ mtde to eoy offt|te Jm^fl^v afirted in t|iem« it.waf fbt tboi|^ iiiEcdd^^. tjbaitbe argum«|tMive ¥titflioi44cpnuatte any longer io thenci. he eomfnittef, that; hrought inr thji dnufi^ ^lerefbre moved, that tbia j»arl of thef inftr u^ont m%hi U fepaniied ^^ the rdl. Whereupon the onioght was r#-6omalitted» for tbit pvirooft^ to the CQOimttlee^ that brought it ii. This wai '.done. . ■.' ',j t< J ...*-,' <^i 9l^lxAt id^thuia bkve bieen «^ theotb^r pse^ now called ** .Aa>B%^^'^ &e.£nce the tote for publifiiii^. Thi additioUt are diftinguiihed by crotchets thus r j an||ln thlK irifras fidf llR>i|ht aece^ry to 0Df<»|re the ftile of Inlh^lll^^ The 9•. av'^'ftll #•» r , .;• ' #■ kfi s 6- V 9^i^0^n^ ^ J$ti^^ $ ^$tt ^ t^ ^m /$,itJf ^M A :«r.Mi^M:}88: >ti*'ti^ir'ir'^§'^tf^'> t ry/'ill^if^^li^ RESOLUTIONS, ^^ 'jti a ptovincial meeting ff deputies cS^ bj thifto&al countith in Pennfylvanta, iildat Fliilitdclphia» Jufy i§t ifj^t mid continued by adjournments from day to doy* PRESENT* Per the city and county of PbHade^biak Thomas Willino» lOHK PiCKimoii, PiTXR ChBYALIBR, Ebw. Pbnninoton, Th William Atlbb, osEpH Ferrtb^ Alexander Lowry» Matthias Slough^ Moses Erwin, ' rork. JameI omith, Thomas IHiARTLEY. Joseph t)0NALDS0N, Cumberland; James Wilson, William Irvinr.. \ ■' Robert Maoaw, * r Berks, Edward BidbLB, .Thomas. Dundas, Daniel Broadhbad, Christoph. Schvxtz; Jon athan. Potts, Northampton, William Edmunds, John Okblby, Peter Kechlein, Jacob Arnot. Nertbumhrland, William Scull, Samuel Hunter. Bedford. George Woods. Wejimoreland, Robert Hannah, James Cavett. "^ THOMAS [ 3 1 THOMAS WILLING, Chairmtn. CHARLES THOMSON, Clerk. ' AoRBBO, that in cifeof any difference in (entiment, the queftion be determined- by the deputies f ocing by counties* ' , Thb lettera from Bo/Ion of the 1 3th of \M!fy were then read, and a (hort account given of the ftepi taken in confequenco tnereof, and the tneafunis now pUrfuing b this and* lite neighbouring provinces t after which the following RESOLVES were pafled.. TT T T^H AT we acknowledge obr- UMAK. 1, y fgj^gj^ arid the inhabitante of this province, Uege fiibjefts of' bii mih» jefty king Gn^if^ the Third, to whomth#y and we owe and Will bear true and faith- ful allegiance, Unaii. II. That as the idea of an un- conftitutional independence 0|i the parent ftate is utterly abhorrent to oui^ principles, we owe the tinfaappy differences between Oriat Pntatit znd the Colonies with th<6 deepeft dHlrefs arid anxiety of mind, as fruitlefs to her, grievous to us, and de« ftrudtve of |he beft intereAs of both.. A 2 Uman» .» *il [ + 1 t^MAii. III. That it is therefor^ our itr* d^nt deiire, that our ancient harmony • with the mother country (houid herefbred, and a perpetual lave and union fuhfift between U6» on the principles of the conftituttoni^ and an interchange of good officest without Ihe leaft infra Aion of our mutuid rights,' >Unan.IV. That the inhabitants of th^ colonies are entitled to the (ame rights and Hberties wixhin thefe colonies, that the iiibje^ born in England are intitled ta WITHIN that realm. « Um AN. V. That the power afTumed by the ^parllainent of Gre^f Britmn to bind the people of ihefe colonies, << by ftatutes Uf ALL Cases whatsoever/' is uncoit^ fiitutional i and therefore the fource of ihfile unhappy differences. Unan. VI. That the aft of parliament, &r glutting up the port of Bo/ion, is un« conftitutiqnalj pppreffive to the inhabi? tants of that town ; dangerous to the libpr*^ ties of the Britijb colonies ; and therefore^^ that we confider our brethren ziBofton as fuffering in the common cauie of thefe co- lonies* Un AN. VII, That the biH for altering |h^ ^d^inii^ration of juftice in certain cri-^ #Unan. IX. IHiat there is an abioittte neceffity, that a congrefs of d^mtiet front thie ^eral t^lonies be iaunediately affem# bled, to conCuk together^ and form a gen^^ raiplan of condt^ to be obferved bj^ the Qolonie$, for the ptirpo&s of procnr**^ ing relief for our Cbffering brethren, ob» tatning redrefs of x^ur grievances, prevent*- ing future di^enlions, firmly eftablifliing our rights, sfnd reftoring harmony betvreesi Great Brkai^ and her colonies, on a coac ilitutional foundation. ; ; Unan. X, That, ^hhongha (u(pcnfion of the commerce of this large trading pro* vinde,. with Great Britain ^ would greatly diArefs multitudes of our induftrtous in- habitants. ■ ti. n [ 6 ] habitants, yet that facrifice and a much gfffater„w^ are ready to offer for the pre^ &ryatt<|n of dim? liberties ibuly in tender- nefr to. ^9 people of Great Britain, as \i^Q as of this country, and in hopes that pi^r. juil remonftrances will, at length, reach the ears of our gracious Sovereign, and be no longer treated with conteoipt by any of our fellow fubiedfcs in £i9(^to^, it is our, earneft defire,!that thecongrefs (hould 6rft try the gentler, mode of dating our griev?! ancesy and making a £rm.anddecent claiai of redrefs. XL Rs80LVED»by a great majority, That y^t notwithilanding, as ai^ ui^aqimity pf cpunfels and meafures! is indifpenfably ne? celTary for the common welfare, if the congrefs (hall judge agreements of non« iniportation and non-cxpprtation expedtr ent, the people of this province will join with the other principal and neighbouring colonies, in fuch an aflbciation of non-im* portation from and non-exportation to Great Britain as (hall be agreed on, at the con* XII. Resolved, by a majority. That if any proceedings of the parlianient, of which notice (hall be received, on this continent, before or at the jgeneral congrefs, (hall ren- » dcr I 7 1 der it neceflary in the optnioii of ibftt con^ jgfefsy for the colonies to take fartbfrflept than are mentioned in xhceki)entb refolvei in fuch cafe, the inhabitants of this province Ihall adojpt fuch farthbr ileps, and do all in their power to cairry them into execution. ■ ■ ' ■ :' . ■■'■■■■ -'^^ Unan. XIIL That the venders of mer^ thandisse of every kind, within this prd^ ▼ince, oaght not to take advantage o£ the refolves relating to non-importation in thil tfrovince or elfewhere i but that they oilghic to fell their merchandize* which they now have; or may hereafter import, at the fame rates they have been accu^omdd to do within three months laft paft. \ Unan. XIV. That the people of this province will break off all trs^de, com- merce, and dealing, and will have no trade, commerce, or dealing of any kind with any colony on this continent, or with any city or town in fuch colony, or with any individual in any fuch colony, city, or town, which (hall refufe, decline, or neg- lect to adopt, and carry into execution fuch general plan as'fhall be agreed to in congrefs. Unan. XV. That it is the duty of e- very member of this committee to pro* mote, as much as he can, the fubfcription fet ( . I 8 1 I ict on ftfofy in flie ieireral comitiel of thitf pttviiice^ for <^ ttliti o£ the diftf«ffcd lobailitaiiCt of *jB^tf/f. tJNAN. XVr« Th9tt this committee give ipftro^tions on the pfefent fituation of pulh* lie affairs to their reprefentatives, who are to meet next week iii Aflembly/ and re- qoeft them to appoint a proper number of 'M'fons to attend a congrdTs ai deputies mem the ieverak cokniies^ at foch tinoe and fiace as may be agreed on» to effedt one general plan of condua:» for attaining the great aind important ends mentioned in the mit/^ refdve,. 'I INSTRUCTIONS INiTRUCTIQNS From the Committed to the Rifii* 8SMTATIVE8 in AssBMiLY met* Gentlemen, 'T^HB .difienfipns between Great ^rit^in '^ and her cofonies on Uii$ continent^ commencing about ten yelrs ago» fincjp continiutlly encre{itfing» ana at length grown to fuch an^excefs as t« in vglye the Utter i^ deep diftrefs and danger, have exclied, the good people of this province to take iiit|> their ferious confider%tioh the prefent 0tu?- ation of public affairs. The inhabitants of the ieveral counties qualified to vote^at elections, being aflem- bled on due notice, have appointed us their deputies j and in confequence thereof, we being in provincial committee met, efleem it our indifpeniible duty, in purfuance of the truft repofed in us, to give you fuch inftrudions, as, at this important period, appear to us to be proper. We, ipeaking in their names and our own, acknowledge ourfelves liege fubjcda of his majefly king George the third, to whom ** we will be fadthlul and bear true allegiance." * Our judgments and affeflions attach uf, with inviolable loyalty, to his majefly*^ perfoni family and government, B We ■ 1 10 i We albknowledge the preroga^ei of the fovereigh, amons which are included the great powers of noaking peace and waf» treaties, leagues and alliances bin^ng US'-^ of appointing all officers, except in cafes where other proviiion is made, by gririts from the crown, or laws approved by the crown— of confirming or annulling every lift of our aiTembly within the allowed time-^and of hearing >nd determining fi- nally, ia council, appeals from our courts of juftice. •* The prerogatives are limit- ed," ♦as a learned judge obferves, *• by bounds fo certain and notorious, that it is impofflble to exceed them, without the confent of the people on the one hand, or vrithout, on the other, a violajlion of that original contn^^, which, in all dates im- pliedly, ♦ I Bhckftonty 237. t And though we are ftrangers to the original of inoft ftates, vet we muft not imagine that what has been here faig, concerning the manner in which civil Societies are formed, is an arbitrary fiction. For fmce it is certain, that all ciyil focieties had a beginning, it "is impoflible to conceive, how the meinoers, of ^hiich they arc compofed^ could lihite to live together dependent on a fupreme authority, without fuppofing ibc covenants aboyementipned. ByRL^MAQUi*s Princ. ofpoUlaWi vol. 2, p. 20^ And in fa£t, upon coniidering the primitive ftate of inan, it appears moft certain, that the appellations of fovereigns and Atbjedts, mafters and flaves, are un-r known to nature. Nature has made us all of the fame fpecies, all equal, all free and independent of . HiQk Other I ^nd was willing that thofcj, on whom (he r " 1 pltedly^ iihd in ours mod exprefSy^ Tub* lifts between the prinee and rubjea.-*For thefe prerogatives are vefted in the crowa for the fupport of focieiy ^tind do not in- B 2 trench baa beftoMecl thie fame faciiltlet, (hould ha^e all the kme rights. It is. therefore bey<^ all doubt ^at in this primitive ftate of nature, no man has of Mmfeli «a original right of commanding othe)^ or any title to foTercignty. There i$ none but-God alone that hati of bim^» and jn confeqmence of his nature and i^erfedicps, • iiatural, eflential, and inherent righi of giving lawa to manjcind, and of exercifing an abfolute fovereignty bverthenbi The cafe is otherWife between nilan and man s they are of their own nature as independent of oaie aiioch^ir^ as they are dependent on God, This liberty arid independence ir therefore a right naturally belonging to nian, of which it would be unjuft to deprive him a^^nft hhr wilb ' Id. f. 38. There is a beautiful paflage of Cicer6*s tb this Surpofe*. "Nothing is more a^eiahlr to the fuprtmt }iityf that govtrhs this univerfifthan civil fidetiei tetW" JuHyifiahliJbid, W^en therefore we give to fdvereigns the title of God's vi<^egerents upon earth, this does j^bt .imply that they d^^rive *'h6ir authority immlsdiately frcmi God, but it fiertifics only, that by means of the power lodged in tfietr hands, aiid with, which the people have invefted them, they maintain, agreeable to the ' views of the Deity, both order and peace, and thus procure th'ir'faappinels of mankind. Id. p» \o. But it Will be here objected, that the fcripture it • felf fays, that every man ought to be fubje^ to the fupreme powers, becaufe they are eftablifhed bjr-Godf. * Nihil eft illi principi Deo, qui omhem hunc mundnm regit* quod }ea: and writcfatd vaSfals. \ So alarming are the meajftires already t9im ken for laying the foundations of a de^>o» lie authotfly^ of Creat Britmn over m, and with| fiic^ Artful and inceflant vig^i lance is the glan prbfecnted, that unlefs the prefent generation ciih interrupt' tlxb work, *wbik it is going Jhriipardf can it ijie imagined, that our chiMrej^, debilijcated by o^r imprudence and fupinenefs, will be able to bvertlirow it, wBen compteaiidf Populous and powerfiri as thefe Colours may grow» diey will flill find arbitrary domination not only ftrengthening witn their tkheir ftf«ngtb, bot.^xceediiigi iii*4ke fwi^ unf^ lis prcigreffi0a« iii' it eV«ff ;^i 6im$ tSimi trtkA ftdvMiljh|et ^«t ^| acorae td the governed. .. ?2^ ndirpuce ' witii it itffulftmy, whiefc^e dtfiiieiMiihor <£0ig[ tzifteoce has imfHtfTed on the )aii(M&& purfiitts of his ^aures :. But defpotiim^^ imchecked and unhouhded bj 411X /awi^^ liever; fatiified with what has, been doae* while any thinff rjf^ainl to be done» for tht accompUM^eni of its purpofes— ni or his pace. That an iihprel&bnis ma£ on hit brain by two or -three motiont,. and no mile. f EcGfying letters, si coll. p. 315. fiding. ■tifklvts, a^r%^ dni^^ ] "^ * " tjr, to exert our utnioft ability, ll ttng ^i^d iftabtfOiiiig . hiiimony ifefipremi cSbiTBTi^rmiiJiL FOtrirtiAtifeii, lilt l^lil^ iicongii^ " - - lc^,a||i»omt» tc^ as io c^flNiiif III fiiliiaoii welfn^^ thinlrit fw'opcr, par- dc^arly «» ii^ttf y6u, iiO# far, #€ ap^t preh^d, tbcy Mfill be fopportcd in tteir condud by tb^r ConiUtuents. [lt$ •f' »» 1 \ lhitfjfe'a,A', M 1|» jit '6f lite ei^ildi mmM^ ^ ^.^..^j« eAiii^irod^ fFil ire lAorou^ljr c^iii|l^ii#iU ppve unfliljlf fii^ pltn- . tift|i%itfreei of cli(tentiont't# ite | i| y a%%om oleveify emolunieiit#< thftl^'ill jiliiice kfid reafon be expededr aM wl^ikuf^iifi our lives* i^ropehies, and all ^»iii^Ui llli^ . Mo^rQfidl|^?re?0lVtQg m our nipdft tii« am0ipki l|atr adfor mit^^^^^Si^ o«ir (^4ii^lttt^i!^% f oo ftreptt^^ uP ^ijit ihcfliileHjisi lilpi^eiifiiiiig Coiig#d|^ iii#i|l9 a ge^Oiili^^ on tbi niMi M tote- of the,,^^ oTI^fiir^ the 1^ ^ ^ the feiTOfid,-— of all powers of in- G ternat :*^ '.»• t A 3 ing trade, except with refpedr tg^inf nfur act^l^&of €€iv\pikp%c^ whkli ih« CokUp* fcrving 9^ tfg^% U>^Vty theie^^qin Ofie co^ \Q^y ta aDOtbfi:-:>|^ reipeal of all Aaiiltfs for quartering Ir^^a io t^e Qo\fmio»$ or fnibjedting theoi toaqy expenisf ^ aceoMi^ of A|6h, tfaQps-^^rpf ^l fta^tei impofiil^ duties to be pa^i4 ill ^e Qidooiosy tbaf were pafled at the acceffion ^ bi» fn(m§ n;»c^efly, or befone tliis ttinet vf}|l^b tver period Allan be judged mfyft adififeaUeW-ipf the flatute$ ^iyia^ the cf>mta pf idmiraltjr in tbe colonies greater powef fbi» ooiifts of ^4»irailty have in ^ngknir ppinipD, that i| wiil be reasonable tot the colonies to engage their obedience to the adts of parliament, commonly called the a^s of navigation, and to every othei 2Jdi of parliament declared ^o have force* at this time^ in theie colonies, other than thofc. 6ft or (fan 0^ Colonic* Aafiftfs "IIM, er aceoqiit •6» ibal p eOHf t9 •h* #«,. O targe the Ai,. ifly af. ^* it is bicfor 'nee to caHed 'othof ^orcc. f thaa llMlIt '^bdirt-mentioned, tnd to mml^ism . iiiph j(l»f«te9 by aas fH the fevdHd ddf^m^ lrii($iv^ it^ aICo our opiAimi* thi^taMnig ^XAitUpll ftom our oiothor towttf^hk aliib^ H&ii% the •« courts.^. wiidf and IwevKB^ «Dj(iur«i In' capite, And hy Imight^s ferdei^, aiStd {Aif>^atitto," it i^iiH bs Feafonay e ^Ibr ifhe-i^^lQtti^ 'tn cafe of cibtainif% tbefterois itiliif i^oifttoiitd, to lettk t ^certain aauBiMll )«l^ielftte^ )kis malttfty, M^ beir« and^ftiG^ ^ibktlift li^t6t8Q^r4 ^ter^ il&acicr^ottivfegeiott nifh insr. We ii«Mii«r aleea wantiks^, when conftitutionally called up*> on, to iffift her to the utaxoftof our ihU iitiea % l#foniuch tbatflie has judged itrea- fonabte to make us recooipences for •wir x>ve^llrftitied exestions : and we A0W , hy, fuch a compadt. Great Briimn will fecure every benefit, that the parliamenta-* ry wifd^om of ages h^s thought prQper tp attach to her, Fro^ her atdne ytt.Qi^A continue to receive manufadtures. io b^r alone m^ (hall cohtinut to carry the 'Oall nmltitude of enumerated artmes of com- merce, the exportation of which her po^ licy has thought fit to confine to htrjeif With fucb parts of the world only, as Ihe has appointed us to deal, we (hall conti- nue to deal; 2Ltid fucb commodities only, as ihe has permitted us to bring from them* we fhall continue to bring. The executi'ue and controuling powers H the crown will retain their prefent full force and opera- tion. We fhail contentedly labour for her as 9ife/7^i<| in time of tran^v quili^yi t *I 1 iQuility I and theerfolly fpend fdr lier, ai ^aciful ciUdren» our treafare and our blooc^ In time of war. She will receive a cMam motile ^ from U89 without the trouble or expence ■ » The train of Officers, employed by Qrtat Sri'* laiiR, confume a vjery large partof v^aclfaf^ |aketffop|i 1^, $be dierefore Increafci our diftrejjl^ to nu^e up ifor that confumption. They will hereafter grofr more and more oppreffive, we more and inore uneaf)^ ibeinore and more difturbed. We f:ou)d raife tte iame fum in a mu<;h mpie#«/^t iqiuil, Mnitktif pnaa» lier, ^an ihe can do. : The attention 4>f fmall ftate# c^tjBnds much more efficaciou% and, beneficialljjr to 'ever^. part of tbe tenit^ries, than that of the adminir ilration of a v;ift empire. Thf reprefentativei in af- feinbly, wj^o 4RB taxed, when thv Pboplx.akk TAXBDy ANp ACCOUNTABLE TO THEM* Will have double motiyea to talpe care, that the rsifing aid. #ji^- J^nuKng iiioncy is msinaflid in the heft wa;^i rTbe floiiYe of Commofi^< lV!Qij^ jiot bear tofexamine nmy partUvUtr relating tp thejjuft taxatioipi of ewrj county pn tbi^ continent, and Aftttk 0II tbi,ate9imts fairfy^ If they ppuld go through the imipenfe labour, it would be impoifible for them to do any other ^ bufinefs. , In fliort, by not doing it, they would be u^jnfii by do- ing it they wpuld be ufilt/u £<|uity and reafon de- monftrate that fuch a power belongs npt to them. W|5 hjjive had fopie reqnarkable inftances on this con- tinent fome few years ago, of the crown being 0c- cording to all thtfornu tfbufinefs charged with' articles, that never went to the ufe of the crown. Thefe were ptrquifius, and who could be fo pui^itanical aa to blame the civil word. It is faid, our barracks, jfpft about j^.8000 of this money — and that the barracks at anothtr p^et^ not deferving a comparifon with ours, CQfl> j^.40,000 fterling. We built our own, our" fdvtSi and virere as faving and careful as we could be, it 1^3 " ftmtSkAndf dift orbed by cofn^1atnt6 xyfpiw^ Alcco » wich fl)^ canitdt juiliify, kndwffl 'iKXfrtdrd&i In tnife of ^ar, «r ¥h «af-e^ -nefgeficy of diftrefs to her, we (hall alfo ^fllfiltettl i df ant '(hbiJfiMd ^ultds, Calkeh out^ «tr^|)dldk«^, i«bt bM hundred, »i iff frdHi^bitt^, #ifl ^^s^%ri^^** 'tat ffe^tfehtljr^d tioTefy tujr dt»#h ->*•• TllWt m httft lip^n eitffc 'fftir* fhi eicfcdfeift **etrmiif^ mUh^i ^Idi KMn| M ik/i^cMtf)^Mifli^ '^ >ft)%lftriMli, laft hoc 'ftit «Kbh 'Ho be erv^^itid «« diimiHfMi)t Ikitrcl^ I?i "H^h, tHrere 4lH$ %^ ^ boftlittiiMI, ft ha^bdeii gRi^ aii'mtith iA k^^i^ <«* t»itBv^^t!fifcm«6 C811 ««ke'ltt»r)» j "dM* ^/ tmm tHth a pvrty hHicti •M THjrttbtbfttfindV of totoR^iiigdoms has'becriin «< < ittiffig|6, prdcetfds n-oftf thii ; it imports the'' ^tk;/r «« rank tf^' Men 4>hry, i «!».• . oj*?^ fort of ii^lfir^^ j. UjtfV IiJ^Q.|^«ifu$flii, %|jlwflft^ «« in| hM,* j>irof|gf?^to be gswMw|L' if* t^ny^^mfaii ^ fil)! f^t llicir IKCCqmgit fivcn wiU» th? ftatf i %/9^ ^ «M*|^ upoft W5 l«i4 is*»« b«^v« a |ur«teQc«% gi^fiAiie^ii^, Bjfer (Pit, moncY wbi«b waa xiHtpd a( 5 #nd ^. P^y^v log^i^b the PtfblkiDQneya meteqdiQ^ i^^l^^^ bl ftrir ▼$^^,aii4 taluQg iniereft. .Pepreictati^ ^ i#bli9 dbbti; nqd fundn bu|U)g |h(in w the Wi^^ 9tb# tbdr wof th» and afterward* b;^ V>^«e(| gettwig (bem paid in full. Pfet^Dding to givif up al) powfer in re?^ cofQmending to places lor a ^0Qfiderati|O9» i^d then infifting on recommending ftiU, t^^d f«t getting botlv ways. Rolling over lo0et v'ppn the aovyyi, or pub** lie» whil^ the gain was to fink into private po<:iif t9^ A father topping a large fuin in bis owM h|nd» which was to have been paid the publip creditors. Befoi^ Ae can be brought to account bedims* The money finks into the p^et of his heir^ He obtaini a pi^fr don of all his fiither's debts. GroOi frs^uds. jn ^^ found out. Then new officers, and ff^l^^^s fiMupa* checks. The new prove as great kn^y^ m tb^ flld» and f;Dm>fH, n, x6z. f Dalrym^. Mbm, ii, 84. [ 24' J to contnbtlte* it will b0 a meanand ifft^' nifeft violation of a plaift duty» and a weak' and wicked defertion of , the true interefts of this province, which • ever have htim and iii, and fbrma^fcheme of collufion and mutual urider- ftanding. But thnl^ public pays for all, and the powfer of the court it ftrtngthcned. ' An oild placeman bega, leave to fell. Pockets the money, and by and hjt through intereft, gbts a new place ^a/Zi/ ijctrava-. gant men fquander their own money in their (>ii1ilic cmployinents of ambafiadors, governors, ^c. and, charge the public with more than they have really fpenr, while what they really fpent'wat teh times' ihore than neeeiTary. The buuneft of old officies , transferred to hew: but the profits of the <44 "fl^ • kept up) though become fineoures^ An old iuyaiit' of the public retires upon a penfion; He' who fnicr . ceeds h^m, by intereft, gets it continued to himJ Aiin other gets an addition to his falary, and then fellH hia place for a great deal more thah it coft him, and fo an additional load is laid on the public : for the addi- tion muft be continued, beca^fe the place was bought. An annual fum is granted by the public for a public' ufe, as keeping up a harbour, or the like. A pri- vate man, by intereff', gets a grant of the lobbi the public concern is ntgledjltd, and the public pocket picked. Crown lands perpetually begged and given away to ftrengthen the iourt intereft. The cr'pwn conflantly kept in debt, and parliament folicited to pay thofe debts occaiioned merely by the voracity of the court. Commanders of fleets order a fuperfluoiis quantity of ftores. By coll ufion between them and the ftore-mafters, this fuperfluous quantity is f'^ld a- gain to the king, and the money funk in thei. ;>o;;Kets. ik)metimes the ftore-mafters gave receipts for more than was received into the king's ftores, and the mo- ( «5 ) and mad be bound up in the profperitjr of oUr mother country. Our union* fo.und« ed on mutual compafts and mutual bene* fits, will be indiuoluble, at leaft more 'firm* than an union perpetually diftufbed by difputed rights and retorted injuries. D SECON0Lr« ney- was ^vid^d among tto pjundererSk The king's works done by the day, whereas it would ha,ve bctn che&jper by the great. . Money pretended to be coined gratis. Lifts of large fums newly coined produced. But the contrivance was to make the pieces unequal* land then the too heavy pieces were carried back to the mint, and the profit funk in private pockets, &c* Suretjfervice is a. huge cloak thrown over ati im^ menfe fcene of corruption \ and under this cloik we muft not peep. Our court-men tell us, there muft *\ii large fums expended in this way, and thofe fums clnhot be accounted for; becaufe the ftrvica dione by them muft; never ht known. But we find, that die commons^ J,D, 1708, add reiTed queen Jnne for ws- cdunts of penfions paid (or ftcret fervid to members of parliament, or to any per(ons in truft for them ; and that * the queen ereUred faid account to be laid btfarf ^tiihou/if*, Csntraifs are a great fund of minifterial influence.' It is well known, that our miniftry do not ateept the moft reafonahtt offer j but the offer which is made by thofe who hive xYit gx^zit^parliakuntary intereft s and that in war time, every man vrho fiirnijhes for the g9» vtrnmnt, is enriched ; m France, the contrary ; which (hewsj that we manage our public money much vwfi than the French miniftry do theirs, lit the late war it is notorious, that feveral of omv purveyors and am* mijptriet got eftates fufficient to fet them up for earls and dukes. But as Burnet \ fays, * the regard thai; f Peb. Com. ir. ii9f . f Hid, own Times, iii. a79« [ 26 ] SECbiiiiiV. IfdU the tcfrtjs abotis memioDed cannot be obtained/ h is our o^ihion« thftt tne nf^eafures adbi)ted by the cohglrefs for our relief (hould nevit be r^- Unqulfied or intermitted, until ihofe rela- ting to the troops— internal legifl^ion,-^ ith^Ofitloa of taxes 6r duties hereafter— the ,35th of Bemry^^ the 8tbj chapter the ¥% (bewrl t(> memll^ers of parliament among u^ cauft» ^"tbai (PW itbufis, c^ }f%imiiired into* or difeovertd* 1.; JPqt. JJisc^b, V. p. ail^—r^??- V!fhii redrefs coMld a poor plundered, iinrepreient^ td colon/obtain ag^aiiifl; a Vtrres^ fupported ^y a ftroiig parlUmeotary infliiehce. We know what (everal^p- y^^t^&pi Minorea have, dared to do. ^|;«»vcrnQr of tfikraltftr ,his ventured to^bppref^ even ^!)^e^arrifon of th^^jiroportaht place. The very ^rudMrjr' of exaniii- nAf)|;aiGcountS' wotted probably Mciirt; hiiii. If cafl^ jthe i'nliiriee could not be reccmpen^.. A fuceefibr IJI&HJfe pfW' ** bad-^** Fi/frixprovintui p^oret" , it has been faid in Great Britami v^tpor^ Chat' iam^ Lord Camden^ and {bme oth^r great Vhen> have raught the colonies to defpife her autKorrty. But it 1$ as little true as the 'multitude of inveoives ventect againft the .colonjes. The, conftsint ^ra^ice in , thefe' {)ub!tcations,. . is to confound fa£ts and dates, and then to rail. It fliould be remembered, that^the oppoiition in Anuricd to the ftamp a£l was fully formed, and the congrefs held at liew Torky before it was knoiyn Ott this continent^ that our caufe was efpoufed by way man of note at home. We (hould be glad to count fuch venerable names in the Uft of our friends. They are the true friends of our mother country, as well a* of this i. and ages unboro will blefs their memory. But if every man in Great Britain is carried by the 6rtam of prejudices into fentiments hoftile to our free« dom, that freedom will notbethelefs«fitemed,«rlth9 Jfooner reliaquifhed by Americam^ a4r-t]ie exitcDSoh of admiralty courts*— th^ port of Ji0/?0ff and the province of M^J^Qhu'^ fitit Bay arc; obtained. Every modincation or qualification of /^6^ points, in our judg<* ment, (hould be inadmiflible. To ob** tain them, we think it may be prudent to fettle fome revenue as above-mentionedi and to fatisfy the Eafi India company. Thirdly. If neither of thefe plana ihould be agreed to, in congrefs, but fomo other of a fimilar nature (hall be framed, though on the terms of a revenue, and fa* tisfa^ion to the Eafi India company, and though It fhail be agreed by the congrefs to admit no modiBcation or qualification in the terms they (hall infift on, we defirp your deputies may be inftruded to concur with the other deputies in it; and we will accede to, and carry it into execution a« far as we can. Fourthly. As to the regulation of trade— *we are of opinion, that by ma- king fome few amendments, the com;- merce of the colonies might be fettled on a firm e{labli(hment, advantageous to Great Britain znd them, requiring and fub- jeA to no future alterations, without mu- tual confent. We defire to have this point confidered by the congrefs $ and fuch mea- iures taken, as they may judge proper. In order to obtain redrefs of our com- mon grievances, we obferve a general in- V 2 clination r «8 1^ dination among the colonies of enterhijg into agreements of hon*' importation and non- exportation. We are fullv convinced that fuch agreements would withhold very large fupplies from Great Britain i and no words can defcribe our contempt and ab- horrence of thofe coIonifts» if any fuch there are, who, from a fordid and iU- judged attachment to their own immediate profit, would purfue that, to the injury of their country, in this great (druggie for all the bleffings of liberty. It would appear to us a mod wadeful frugality, that would lofe every important pofTeflion by too ftridt an attention to f mall things, and lofe alfo even thefe at the laft. For our part» we will cheerfully make any facrifice, when liccefTary, to preierve the freedom of our country. But other confiderations have weight with us. We wi(h every mark of refpedt to be paid to his majefty*s adminj- flration. We have been taught from mx youth to entertain tender and brotherly afFedlions for our fellow fubjedts at home. The interruption of our commerce mufl diftrcfs great numbers of them. This we earncftly dcfire to avoid. We therefore requefl^ that the deputies you (hall appoint may be indrudted to exert themfelves at fhe congrefs, to Induce the members of it to confent to make a full and precife flate pf grievances^ and a decent ytl firm claim f "9 1 •f rtdreft, and to wait the events befofi any other (lep is taken. It is our bpinibn» that perfons (hould be appointed and ftint home to prefent this (fate and claim, at the court of Great Britain, If the congrefs (hoiild chufe to form agreements of non- importation and'non« exportation immediately, we defire the deputies from this province will endeavour to have them fo formed as to be binding upon ally and that they may be pbrma- KENT, (hould the public intereft require it. They cannot be efficacious^ unlefs they can he permanent i and it appears to us that there will be a danger of their being infringed, if they are not formed with great caution and deliberation. * We have determined in the prefent fituation of pub* lie affairs to confent to a (loppage of our commerce with Great Britain only j but in cafe any proceedings of the parliament, of which notice (hall be received on this continent, before or at the congrefs, (hall render it necefTary, in the opinion of the congrefs, to take further (leps, the inha* bitaiits of this province will adopt fuch ileps, and do all in their power to carry ^hem into execution. This extenfive power we commit to the congrefs, for the fake of preferving that unanimity of counfel and condudt, that f^lone can work out the falvation of tbefe cplonics. t 30 1 ^1pnijB8, with a Arong hope and truft|» that they will not draw this province into any meafure judged by U9» who mud bf blotter acquainted with its ftate than ftran^ gers, highly inexpedient. Of this kindi» we If; now any other ftoppage of trade, but of that with Gnat Britain, will be. Even this ftep we ihould be extremely afflided to fee taken by the congrefs, before the other mode above pointed out is tried. But 0iould it be taken, we apprehendt tha^ a plan of reftri€tions may be fo framed, agreeable to the refpe^ive circumftances of the feveral colonies, as to render Great Britmn fenfible of the imprudence of her counfisls, and yet leave them a neceflary commerce. And here it may not be im* proper to take notice, that if redrei*s of our grievances cannot be wholly obtained^ the extent or continuance of our reflric«> tions may, in fome fort, be proportioned to the rights we are contending for, and tho degree of relief afforded us. This mode will render our oppofition as ferfetttal as our oppreffioHt and will be A continuai. Claim and Assertion of our Rights. We cannot exprefs the anxiety, with which we wi(h the confideration of thefe points to be recommended to you. We are perfuaded, that if thefe colonies fail of unanimity or prudence in forming their refo)utIon8| o^ of ^delity in obferving thsm. t 31 1 them, the oppofition by nonr-nnportttioH fnd oon- exportation agreed^ebtt wtlll»6 Ineifibdluvli ami then we (bitll baveonjijf the alternative of a more dangerout coA^ tention» or of a tame fabmlflion. ^ Upon the whbte, We iha!l repofe tf^ highefjt confidence in the wifdofipi and th*> tegrity of the enfuing cbngrefs: And thougn we have, for the ^tijifadibii dP the good people of this province* wH.b have chofen us for thh exprefs puifpofe; offered to you fuch inftrudtions^i as i^v4 appeared expedient wo us^ yet it is not ojir meaning, that by thefe, or by any yoii ijajr ihink proper to give ^^Itfy^MtP"^: ties appointed by you moula oe rettraine(| from agreeing to any meafures that (ball be approved by the cpngrefs* We (houl4 be glad the dcputl s chofen by you could, by their influence, procure our opinion! hereby communicated to you to be as nearly adhered to as may be pofiible; But to avoid difHculties, we deflre that they may be inftrudted by you, to agree to any meafures that Uiall be approved by the congrefs, the inhabitants of this pro- vince having refolved to adopt and carry them into execution.'— Laftly— We defire the deputies from this province, may en- deavour to |>rocure an adjournment of the CoDgrefs to fuch a day as they fhall judge proper^ t 3« 1 proper, and.the appointment of a Hi^nA^ iittgcomQaittec. , ( Agree|» ; tfiw^t yi?i&» Dickinfon, . J^^ ^jt^i^ andi^i^tfr/ifi T^bomjcny be a commit* tee to write to the neighbouring colpni^s^ and communicate to them the refolves and in^rudiohf. _ y Agreed, that the comooittee for the city findcpuntypf Pbiladelpbiar o^ ^^y fifteen ^if tlheip, Ibe. a committee of correfpon-^ 4fji^ |br^ tiic^generalxommittee ofj^tbU %^^- . '\ ,, • ■ """''H ' Mxtra^from the Minutes* "CHARLES THOMSONi a Cwwi ■.:^::}l s: AK [33 ] A K E S S A Y*, ^c. THE authority of parliament has within thefe few years been a queftion mtich agitated ; and great difficulty, we un- derhand* has bccured, in tracing the line be- tween the rights of the mother country and thofe of the colonies. The modern dodtrine of the former is indeed truly, remarkable ; for though it points out, what are not our rights, yet we can never learn from it, what are oiir rights. As for example-r-Grf^?/'. Britain claims a right to take away nine-tenths of our eflates —have we a right to the remaining tenth ? E No. * This piece has been written in Tuch hafte, under (o great indifpofition, and amidft fuch a confufion of public affairs, that it is hoped, its inaccuracies will be looked upon with indulgence. If longer time could have been beftowed upon its corredlion, it would have been at leaft ihorter, if not more txzSt, The firft appointment of a committee to form a draught of inftrudions, was mad« on the fourth of laft month, See note on the cxtra^ dated the x8th of July. I 34 1 No.— To fay we have, is a ** traiterous'* ^polition, dei^^ring her fupreme legiflature. So m from having property^ according to ikele tate found novels, ive are cuffeives a pti^efty. We pretend not to any confiderable (hare of learning ; butj thanks be to Divine Good- nefs, common fenfe, experience, and fome acqilaintance with the conftitution, teach us a few falutary truths on this important (ub- je€k. i W» AT&lTBit difficulty may occur iii tracing i^^^flkt^ yet we contend, that by the laws of ^^f6lt| ana by the laws of the conftitution, a ^efhere mul^ be, beyond which her a we preflime, will venture to make the bold' a0ertion. ** The King may rejeA what bilb^ may make what treaties^ may coin what "B^^z xaoMft fpicuout, if we examine the other habits of y$ittte« ^ we good of thefe is private, refpedling the indtviduM \ hut uie good of natural juflice refpe^ whole fyftema, and ^roughout the univerfe.*--*- In the ciUftial fyflimdi the worki, s» it marflials'oiiC tiie univerfal rule of things, which' are thu$ decsced by God; it is trvuidencty 9xA hamuavfy and ri^ht* In % dviiyfattf it IS juftly called ptace^ and good ortUr, In a 4Muftk ft&tu it is the Mt mndMbufi of hu(ba|Mi, and wife, towards each other ; the 2ood will of fuhordiMts members. In the hodyt it is heahhy znd Jym^itetry of parts; which are, principal things, and much beloved by every living creature. In the fiuh it is wt/dom ; that wifdom whicji arifes amongft men, from' the kaowUdjis ^ cmtfttt ^d from natural jujlice. Since therefore, this habit doth thus inftru^, and pre* ferve, the whole and every part ; rendering all tb^ fame, in heart,, and in tongue, why may it not be iidutfisd,' by ^univerfiU voice ; tvi parbn'T and NouaisHca or 9VBRY VJRTUB ?*' f ot. Pyth. Luc. ofvd Stob^vm, pa. 105. tdit* 77- twru '559^ u t 36 I ' money, may create what peers, and may par- don what offences, he pleases f." But is his prerogative refpedting thefe branches of It, unlimited? By no means. The words following thofe next above quoted from the "Commentaries on the Laws of Engjand" are — ** unlefs where the conftitution hath ex* prefsfy, or £y evident consequence, laid down fome exception or boundary; d^clar ring, that thus far the prerogative ihall go» and no farther." There are " fome boun- daries" then, befides the '* exprefs excep- tions/' and according to the ftrong expreilioa here ufed, "-the conftitution declares there; are." \ What " evident confequcncc" forms thofe " boundaricH ?" ' ' The happinefs of. the people is the end^ and, if the term is allowable, we would call it the body of the conftitution. Freedom is the fpirit or foul. As the foul, fpeaking of nature, has a right to prevent or relieve, if ii can, any mifchief to the body of the indivi- dual, and to keep it in the beft health ; (9 the fouli fpeaking of the conftitution,. hus a right to prevent, or relieve, any mifchief to the body of the fociety, and to keep that iii the beft health. The •* evident confcquence" mentioned^ muft mean a tendency to injure this health j that is to diminiih the happinefs of the people— or it muft mean nothing. If, / there-^ • I Blackst. Com, 250. ¥'■ *' •*:*. r 37 ] therefore, the conftitudon '* declares Sf roident confequence i' that a tendency to difni« nilh the happinefs of the people, is a proof, that power exceeds a *< boundary," beyond which it ought not to « go ;** the matter is brought to this fingle point, whether taking our money from us without our conr fent, depriving us of trial by ji 7, changing conftitutions of government, and abolilhing the privilege of the writ of habeas corpus, hj feizing and carrying * us to England, have not a greater tendency to diminilh our happinefs, than any enormities a King can commit under pretence of prerogative, can have to dimlniih , * V Of great importance to the public is the preferva^ tion of this perfonal liberty : for if once it were left in the power of any, the higheft magiftrate, to imprilbn arbitmrifyf whomever he or bis officers thought proper, (as in Frmee it^ is daily pradifed by the crown) the&k WOULD SOON BE AN END OF ALL OTHER RIGHTS ANO IMMUNITIES."—** A natural and regular confequence of this perfonal liberty is, that every Englijbman may claim ^ RIGHT TO ABIDE IN HIS OWN COUNTRY 80 LONG AS HE PLEASES, and not to be driven from it unlefs by the fentence of law. Exile or tranfportation is a punifhment unknoim, t» the crnimm law" ** The king cannot confti- tutea man lord lieutenant of /r«/im ' ** Tl^efe precedents colleAed by the reverend and learn- ed judge, chief juft ice Anderfon and all written with his own hand, do fully refolve for the maintenance of'the em-' iient znA fu^damenial pbint of LiHekty or the person, to be regained by Habeas Corpus, when any one is im- prifoned." Pari. Hift. 7. 418. "v^- E 3» I t]l€ happinefs of the fubje£fcs in England, To come to a deciiion upon this point» nolo^ tloie need be required To make this c6ni is ftating the daim of parliament ill 1^ moft favourable light: for it putt thA sfiimed power of parliament* to do» ** in alc CASES whatsoever/' w&at t&ey pko/f, upQti ihe fame footing with the ackn$wledged powi^ •f the King^ ** ,to make what peers—pardon what ofi«nces, &c. be pleafes,^* But in tbk light that power is not entitled to be viewed^ Such is the wifdom of the EngUJh conftitu^ tion^ that it <^ declares*' the King may tranf* l^efs a << boundary laid down by evident con-* ^uenoe/' even by ufing the power with which ht ]& exprefsly vefted by the conflitution, ia doing tmjlh njery aSfs which he is exprefsfy truiled by the confiitution to do — ^as by crea^ ting too many or improper perfbns,, peers § dr by pardoning too many or toa great of^ fences, &c. But has the conftitution of £iiQ-f LAND exprefiy *' declared/' that the parUa^ ment of Great Britain may take away the money of English colonifls without their confent> and deprive them of tryal by jifffy^ &c ? It cannot be pretended. True it iSy that it has been fi)lemnly declared by par "^ liamentp that parliament has fuch a pow«r^ But thstt declars^ion leaves^ the point juft as it was before: For if parliament had not the power before, the declaration could not give 1^ Indeed if parliamtCQt k really '* omni* potenl t 39 1 potent *" diat power is juft and cooftitit^ tipoal. ^ye further db(erve» that the o^ itittition has not £xfr^ drsLwn the ljl|e|||iii^ vond which, if a kiiig ihall <' go/' refifli^m oecomes lawfiti. The learned author W thofe cominentariest that, notwilhftaBdiiig ^me human frailties, do him fo much honor* has thought proper, when treating of this £ibjeA, to point out the ^'ifree^denf* of the Revolution, as fixii^ the Kne. We would not venture any refle^on on fo great a man. It may not become us. Nor can we he pro- voked t^ his exprefiions coacerningxoloncfts; becaufe they perhaps contain his Teal, though hafty fentknents. Surely, it was not h^s in* tention to condemn ^hofe excellent men, who cafting every tender confideration behind them, nobly prefented themfdves againft the tyranny of the unfortunate and miigaided Qharks's reign ; thofe men whom ihe Houfe of Commons^even after the Reftoration, would aoi iufo to be cenfured. We are ienfible of the Gtbje£);ion that may he made, as to drawing etween ard^nd iciple of* eral \iyi any in- uties to iiofthae nffuifh-, nfidered drefs by fafety,. without Dcuring tpe^lcd, rudence e Jatter wn ad- ou]d be ing the* ations. e pro- be ad- ileable n^unts cerity, nature ye law of r 43 ] all the rights of the conquered. Such is the . merciful reverence judged by the bed and Fa wifcft of nations contradiftin A frqm t;he law of nature; and re- duces this law of nations to a fort of human law, which has acquired a power of obliging in confequence of the. will and confent of all or of a great many nations *. He adds, that the maxims of this law of nations are proved by the perpetual prad^ice of people, and the teftimony of hiftorians. M But it has been juftly obferved that this pretended law of nations, contradiftindl from the law of nature, and inve^ed nevertheiefs with a force of obliging, whether people confent to it or not, is a fiippofition de»itute of aU foundation f. ** I -)r I . all nations are with regard to one another in a natural independance and equality. If there be there- fore any common law between them, it muft proceed from God their common foyereign. ** 2. As for what relates to cuftoms eftablifhed by an exprefs or tacit confent among nations, thefe cuftoms are neither of themfelves, nor univerfally, nor always obli- gatory. For from this only, that feveral nations have a£l- ed towards one another for a long time after a particular manner in particular cafes, it does not follow that they have laid themfelves under a neceflity of a^ing always, in the fame manner for the time to come, and much lefs that other nations are obliged to conform tp thefe. cuftoms. *' 3. Again, thefe cuftoms are fo much, the lefs capa- ble of being an obligatory rule of thenlfelves, as they may , happen to be bad or unjuft. The profelEoh of a corfair,^ or r * SeeOrotitis, rights of war and peace: preliminary difcourfe, §. t8. and book i. chap. i. §. 14. + See Fuffendorf, law of natvire and nationt} book :|. chap. 3. ^. aj. th Baib^yrfcc'sDotei. . • [ 44 ] ^t(e(i men to be due o human nature, and frequently obferved even by conquerors them- felves. In or pirate, wu, by a kind of confent, efteemed a long ivhile aslawfu], between nations that were not united by alliance or treaty. It feems likewife, that fome nations allowed themfelves the ufe of poifoned arms in time of war *. Shall we fay that thefie are cuftoms authori&d by the law of nations, and really obligatory in refpedk to different people ? Or Chal) we not rather confider them as barbarous practices } pradices from which every juft and well governed nation oujght to refrain. We cannofr therefore avoid appealing always to the law of nature, ^the only one that is 'really univerfal, whenever we want to iudge whether the cuftoms eftablilhed between nations' nave any obligatory effcSt, . • *' 4. All that can be faid on this fubje^i; is, that when cuftoms of an innocent nature are introduced among na^ tions ; each of them is reafonably fuppofed to fubmit ta thofe cuftoms, as long as they have not made any declara- tion to tbe contrary. This is all the force 6r effedt that can be given to received cuftoms ; but a very different effe£fc from that of a law properly fo called.** BurlamAq. Pri^f, efnat. lawy i vol, p. 196 — 199. < But I will conclude with that which I find reported by Sir John Davis, who was the king's fergeant ; and fo,' by the duty of his place, would no doubt maintain, to the uttermoft of his power, the king's prerogative' royal ; and yet it was by him thus faid, in thofe re- port of his upon the cafe of tani/iry cuftoms^ * That * the kings of England always have had a monarchy' * royal, and not a monarchy lignoral } where, under tbe * firft, faith he, thefubjeds are free men, and have pro-' ' perty in their goods, and freehold and inheritance in * their lands ; but^ under the latter, they arc as villains » and * See Virgi), ^Eneid, book 10. v. 139. with tbe 15th aoU of tho Abbe del Foauine*, [ 45 ] In fii^e* a power of government, in tt| nature tending to the mifery of tho ^jeople, at a power that is unlsmiteH, or in otljcr words, a power in which the people have no Jhare*^ is proved ' and flavet, and have property in nothing. And tbere* < fore, faith he, when a royal monarch makes a new con- ^ queft, yet, if he receives any of the nation's antient * inhabitants into his protection } they, and their heixa * after them, (hall enjoy their lands and liberties accord- * ing to the laws.' And there he voucheth this prece- dent and judgment following, given before Wit&am the Conquer^ hlmfelfy viz, * That one Shtrhom^ at the time of the Conqueft, being * owner of a caftle and lands in Norfolk^ the Conqueror * gave the fame to one ^F'iirrm, z Norman i and, Sktrbom * uying, the heir claiming the fame by defcent according * to the law, it was, before the Conqueror himfelf, ad* < judged for the heir, and that the gift thereof by the Con- * queror was void #." Parl. dbbatbs, 7 vtt, p, 384. See alfo PuffenJorf*s Law of Nature and Nations, b. 3^ ch. 8. and b. 8. ch. 6. It is held by the beft writers, that a conqueror m a juft war, acquires not a right to the property of thofe of the fubdued Country, who oppofed him not, nor of the pofterity of thofe who did : nor can the pretence of ob- taining fatisfa^ion for the charges and damages of the war juftify fuch a claim. * <* In a free ftate, every man, who is fuppofed ajra agent, ought to be, in fome meafure, bit oum governor^ and therefore a branch, at leaft, of the UgiJIative power ought Is reftde in the wboU body of the people. And this power, whea die territories of the (ute are fmall and its citi^ns eafily * known, * See Davii'i reportt, Lond« i6s8, p. 411 L f .: i 46 ] * proved to be» by reafon and the experience of all ages and countries, cannot be a rightful of legal power. For, as an excellent. Bilhop of the known, ihould be exprefTed by the people in their a^- gregtte or coIle£i:iv.e capacity, as was. wifely qrdained in the petty republics of Grtice, and the firft rudipents of the Roman ftate. But th^s will be highly inconvenient whep the public territory is extended to any consider- able degree, and the number of citizens is increafec^. In fo large a ftate a^ ours, it is therefore very .wifely con- trived that the people Ihould do that by their reprefenta- tives, which it is impracticable to perform in perfpn." I Blackstonb 158, 159. The above quoted words are fufficient of themfelves to refute the notion of ** virtual reprefentation" of Amerkems, in parliament. As to the argument drawn from j[lmilit^de between the cafb bf thofe m England, not qualiiied to vote by their property, though poi{(^d of a confiderable fiiare, as proprietors of the funds — the Eafl India company — iherchants — manufacturers, &c. and the cafe of colonifts, the true anfwer is, that there is no refemblance whatever between the cafes. A few propofitions will prove it : But it may be proper to premife— i ft. If reprefentation was itftended by the con/iitution of England, a complete reprefen- tation was intended.; for the reafon of having any, re- Juires having a complete one, as being the beft. 2dly.-9^ f a -*and the conneflions betwteti the n^i* JaitatweSy their ebilcrs, and the rf/l of ihipwpky aU Hv« s^ togedier in the fame kingdom, are fi> many and lb in* tinatp, 1^ ef en the aShudfy unreprefenttd cannot be dBed*- •d,' unleTs the rtprefentativts and /j^mV ^/r^Mrr are afiedel dfo. isttfaty. Totdly different is the condition of colo- nifts, if bound by ftatutes genersJly.— By the ads of par<^ luonent fix railing a revenue in Jmtrica^ tiie Commonk vfe the wcvdlr, *« give and grant;" Can men give and grant what diey have not ? Did any of thofe ads uke a fingle pennr out of the pocket of a fmgle givca and GRAif^a&i No. So far from it, that if there is any truth in the {Kravwb, and money faved. is mon^^got, thefe *' dntaftrattti* gentlemen put money into their pockets by their * ** loyal and dutiful'! generofity. Evbry in- pivxDUAL of them acquired by beftowing. Pretenfions thus to give, are fuch cqntradiaions to fad and fenfe, that in making them, a fandibn of injuftice is fought from a principle of the conftitution, and in deferibing them, a foiectfm in fpeech becomes a proper expreffion. It muft be acknowledged however, that the Commons are more than fiMind divines, for they improve upon the text) f and *< catnt their hfi for gain" Statutes might grind us, while not an tk£ior in England would know or regard our fufFerings— if acquainted with them, he might thmk the ftatHtes infliding them, just and POLIT I c Ai. An open avowal has been made in par- liament—that it i$ X ** the iNoisPBNSABLB DUTT of par- liament, * Pmmblet to ftntatec for raifing ■ nreiiiic laAmriu, ■ t Plnrifpiant, iii. 7* ^ { Thefe words are extraAed from the proteft of the Lordi on the repeal of the AmtrUait ftanp-aA—^. f •— <1 Lotdi wei« againft the repeal^ 33 of them fifned the proteft. tn theft y power ^ ler t&^ft^ ^t ripri* and lb in'- ne ansdoi I of colo- ds of par-^ CommoAt njen gire ea^suke sivEK and any truth got, tfaefb ir pocket! VBRY IN- ?retenfiont ind fenfe^ >ught from \g them, a It muft o the repeal repeal^ 33 of « [49 3 • Wewellknow, that the cbloniftsare^charged r1>y many perfons in Great-Britain, wwR at- tempting to obtain fuch an exclufion ^t^a t^tal independance on her. As well we know the accufation to be utterly falfe. We are be- come criminal in the iight of fuch perfons, by refufing to be guilty of the higheft crime againil ourfelves and our pofterity . Not UMUS |.EG«8 Anglic MtTTARi. This is the te- ^ G b^ion liament i9^ tax the cohnies IK ord£r. to tAiU Yhe o1cn- TRY AND PEOPLE OF GR]^AT;Br1TAIN." l.et nOt Americans ever forget the lordly words ! to underftand th -n fnlly^ yte ihould confider— — dr difpute includes not only theprefent taxes Jai4 upon us. The univerfal property of England was i^te- refted in Mr. Hambden's fuit, about a few ihillin|8. If tiie crown had a right to thofe (hillings, it had a neht to «v«rv ihilling of ^«ry man in the kingdom. Great-Britain ^is about ONE HUWREO AND FORTY MIL- LIONS OF POUNDS StERLING in debt. If (be tan pay any part of tbat debt, by t<(xing iis, ihe may pay thiwhek by taxing us, if "we can raife the money; If we cannot, yet as we are upbraided continually in pam- phlets and papers with the richhefs of our houfes, our fur- niture, our equipage, our tables,' and our drefs, ihe may be made to think we abound too much in thefe emvem- incies^ If we are reduced to the condition of French pea- fants, it is no., matter. We belong to the people of Great-Britain : And all Britijh fubjeas, but jfrnericam, may do what they pleafe with their own. ** It is her in- difpeniable DUTY, fay their lordfhips, to eafe herfelf by taxing us ;" and furely there is virtue enough left in a i?r/V(^ parliament, notwithftanding all the dreadful intri- ligence Britijh writers fend us over, to pterform that ** duty," exactly. But this is notsi}!. There are cer- tain pricked Frenchmen ^nd Spaniards^ that in every pe- * ripd ■ ' t J* ] l>d%A t^ith Which We\re fligmaftzed. [We hiye^omndtted the lik^ offence, that was ob^- jeibid by the polite and h\iipane PMria^igAinik ari/^if fenatorofhis time. Wch^ve di/refife0^ **fulfy ^refufed to receive the wbok weapon hito btit biody." WecouM not doit, wul true. ripd of, twenty or thirty years oblige Great-Britain to add jthirf' " ^ "** ^ '^ .T ..._.- line ^ or forty millions to Ker de^t. Upon iiA Tivets^^^ lelne Revolution, (he runs annually in debt about a million ^nd ah half. Can it be expedted, her minifters will be kiiider to us than they havie been to her ? Wheiie will the demand upon us, where will our wretched^efs ftop, if we have not refolution enough to defend QUr« felves ? A ftatufeihteiided to have force on the people of Ghatr Britain, is the cafe of a state adlingnpotfiraELr, A ftatute ihteifded to have force oh the people of ^/mf/£ff, is ihe cafe of ovE^ate aSiir^ upm ANOTriB r. The peo> pie of Great-Britai», who in the firft cafe are fuhjeSl to the ftatute — in the fecond, are. the abfohit6 fovereigns who impofe it on others. « Virtual repvefentation" then^ as applied to coloniAs —-is, to borrow expreffiohs of the excellent archbifbop JtUoi/oHy on another occafion, altering o^ly two words •— <* An abfurdity of that monftrous and mafiy weight, that no human authority or wit are able to fupport it. It will «• make the very pillars of St J* Stephens ".crack, and requires more volumes to make it good than would fAV* H'eftminjier Hall. Yet this moft defpicable notion has been the pretmce fer ((ur feUffw fubjeils * clapping mufkets to our brCs^, and taking our money out of our pockets. * ** Win tbeir bearttt and you majr Toon have their btmdt and purfett'' waa the advice of old lOrA BurUigb to quttn Elizabetb, She was wife enough to take it. The world knows the confc« qiiences. { p 1 Jtet /;A^^ m^ Af |c*nQwlc45c4 , to be a^r W?uf5i cq^all;|r ipfo^ilAe^i With jpo4 |^c©d- ^ juvi the %i;cm^ fcgiflatjarc of ^|f/- Snijtm* .' *J\ - , ,Fi^^ t^c(9 tjpn years m(1 we havcbccp ^- 9(^aiiiljr*,s^|ts^ck6d. Hard- is our fate, when to efcape the character of. reh^ls, we muft pe degraded in^o that of daves : as if there was no iiiedii^ni, betwee^n the t^p ^^s^tre^p^ of anarchy and 4?fi^Qtifn(i, where wnp^hqc .aijd freedom could nnd repofe and falety« AVhy fhould we be exhibited to mankind, as a people adjudged by parliament unworthy of freedcmi ? The thought alone is indippoit- able. Even thoife unhappy perf(H)s, who have ||^ the misfortune of being born under the u * 4 Geo. 3. ch. 15. 4 Geo. 3. ch. 34. e Geo. 3. th, 12. Geo. 3. ch, 45. 6 Geo. 3. ch. la. 6^ Geo. 3. ch, 152.' 7 _co. 3. chap. 41. 7 Geo. 3. ch.46. 7 Geo 3^ ch. ^9. 8 Geo. 3. th. 22. The refolves tKat colonics' may be tried ItkJSngland under the 35 Hen. 8 — The blocldaae of JSi9^ /0ff-<-the Rhodt JJland court, &c. The (^atutes fince ^ne 8th year of this reign, relating to the colonies, ' follow one another much in the fame q^uick manner as before : but they could not be colleded. ^dany of the ftatutes here mentioned, particularly thofe relating to the adiiii- ralty courts and the commiflioners of the cuftoms, are COOne^ed with a multitude of other ftatutes, by being compared with which the artifices will appear, thait jgVa- dualiy deoarting from the laws of England^ have at length inveited nief& courts and commiiOSoners with fuch new, unreafonable, unconfticutional and dangerous powers^ [ 52 1 f^dkp. of bondate, impbfed by the cruel hwi> if t^ey may be called laws, of the land ^j^ere they received their .birth, no foondr Dreathe the air of England, though thev tpuoh her (hore only by accident, * than they in- Aantly become freemen. Stranee contradic- tion ^^ The^me kingdom at the^^rttmey the aj^ium and the Sane of liberty. To return to the charge againil us, we can , fafely appeal . to that Being, from whom no thou^t , * ,Somerfei*9 czSe, t To this contradidioti, the following may be added— Her poWoy fOt once to keep peace with her natural enemies, and to provoke h*f i^^^turalfriends, whofe afl^ftance one day -—and that d*y feems to be approachtnje-^in the viciffi- tudes of human affairs, great as (he is, ine may want ;— her intereft, as (he thinks, to proteii and to opprejs PRO- TESTANT countries— to abhor a large Jianding arm^ and yet voluntarily to put herfelf under the abfolutc neceU fity, of perpetuatmg an immenfefy large one, to govern the many millions of (laves ihe expedls Toon to have on this vaft continent. Two of the (hrevirdefl, thou^ not beft emperors, that ever lived, Jugufius and Tibertus, prohi- bited every man of diftin£lion from fetting his foot in Egypt, * becaufe of the importance of that province to Rome. But Great- Britain^ as if thefe numerous provinces, much more remote froin her, than Egypt from Rorhe, were of little confequence, willingly obliges herfelf to trull a mighty armed power into the hands of a fubjed, in thefe colonies, the tempting intereft of which fubje<5b and of the people, may engage them to unite in eftabU(h- ing an independent empire,, on her own model. Great- Britain ought not to forget, that Romevtzi ruined by keeping (landing armies inner provinces. *Tac. I 53 ] thbught can be concealed, that our warmeft WiJOh attd utmoft ainbition ia» thae we ami our pofterity may ever remain fcibordinate C0» ai|l dependent upon our parent Aate. This Tub- /' ihiflion our reafon approves^ our aflPedUon dio- tatea* our duty commands^ and our intereft enforces. If this fubmidion indeed implies a. 4i]|^Iu- tion of our conftitutiori and a reaundation of our liberty, we (hould be unworthy of our relation to her, if we {hould not frankly de- clare, that we regard it with ^ horror j and every * The Prtuemaiis had revolted from the Re^mt^ but were reduced. The queftion was, what judgment (hould be given againft therti. This is Lrvfi account of the iaf- fair, in the 21ft chapter of his 8th book. < <( Quum ipfa per fe res ancepi eflSst, prout cujufque in- genium erat, atrociiis mitiufve fuadentibus ; turn incertio- ra omnia unus ex Privernatibus legatis fecit, magis condi- tionis, in qua natus eflet, quam prsefentis neceflitas, me- ihor : qui, interrogatus d quodam triftioris fententiae atic- tore, quampcenommeritosPrivematescenfiretf mot, inquit, fuam nurmtur, qui Ji libtrtate dignos cenfent i cujusquiim feroci refponfo infeftiores fa£to8 videret conful eos, qui ante Privernatium caufam impugnabant; ut ipfebenigni interrogatione mitius refponfum eliceret, J^»;V, Jipaennrn^ inquit, remittimus vobis^ quaUm nos pactm voSifium habituros Jptremusf Sibonam dederitis, inquit, t^ fidam i^ perpetuam: jitnalam, baud diuturnam. Turn vero minari, necidam- bigui^, Privernatem quidam, ic illis vocibus ad rebellan- dum incitari pacatos populos, pars melior fenatus ad n)e- liora refponfum trahere, .& dicere,. A7r/, W /i^m, vecem auditam, an crtdi poffty uUum populum^ aut hom'tnem denique, in ea conditienty (ujus tumpaniteat^ diutiiiSy quam mcefe fit, manfurum f I 54 1 %fry tru« BwH/hmm will apbliud th(i JuA HiMUtoii md oihdtd dutiritlon. Ourdt* Ance ntciilkrny touohei chordiln ynl(bnwithit thefe our better days fhould not (Irilce conviction into every mind, that the freedom and happinefaof the Golonifts mmtfitnim f Hi p«tm ijftfiiam^ uhi vtluntttril patatijmt : mfitn§ Uf^ uhi Jtrvitutim ijfi velint^ fiim fitrendum ^» In htnc ftntentitm mtxlmi conful ipfe inclinavit •nimoii identidem ad pi1hcip«i fententiarum confulareii uti ex- audiri poiTet k pluriousi dicendo, Ets dndkm^ qui nlhiit prattriuam di UktrttHi^ agiUnU dignoi tji^ qui Rmmfi' ant, Itaqiie U in fenatu caufam obtinuere, & ex au^o- ritate Patrum latum ad populum eft, ut Privcrnatibui ci« V1TA3 OABITUR/' JNft f di* muft I Ml fiithe f tho %lonifti art hot inoonfiftint with b«ri rily indprofperity. Th« expeilcftci of mori thin one kiiii«f drid jeiri wIU Airoly b« dflemodf by wiit liitni to havo flmie weight in the iodt of ovld«nco to fuDport our, opinion. We int|bt jiiftly ilk of her, why we ere not permiiied to go on» «i we have been ufed to da Anee our exiAence» conferring imutuil beneAtfi thereby ftrengthening each other, more end more difcoverlng the reciprocal advantage! of our (tonn||lion, and dullV cultiveting affec* tionii encouraged by tboie advanti^ei t TWkat unknown offisncei have we eom« mTtted againft her within thefe K^n yearii to provok^iuchan unexampledckanle in htrcon- du^ toward! ut ? In the lafl war, (he acknow- ledged u! repeatedly, to be faithful, dutifuL xeaTou! and uieful in her caufe. lait ofiminel in us, that our number!, by the favour of Divine Providence, have gre^itly enoreafedf That the poor chufe to fly from their native cbuntrie! in Eurofi to thi! continent? Or, that we have fo, much in^proved thefe woodf, that if we cen be forced into an unfucceAful refiftance, avarice itfelf might be iitiaied with our forfeitures?] It eannot with truth be urged, that pro- jects of innovatm have commenced wifh ua. Faai \ I i*» . ■*\^ t 56 ] fim^mi fhek dates prove the cooerary** Not ttdifturbance hasneppened on anvpart of this continent, but in confequence of fomo imittediate preceding provocation. ^ *To what purpofe ? The charge of our af^ felting one great, or many fmall republict, snnft appear as contemptible a madnefs to h^r^ as it does to us. Divided as we are into many provinces *!*• and incapable of union, except agatnft f " The winds lift up the wtves,**— ^faid t wife oian-^ St W0 lead of Si weak mann yfho fcour^ waves—but he d not ralied them, fi «9iil» jcommotion^, tind then to fcaatgDfir hmii tateittd^ Is an addition to the wildnefs of tk JbrMh rci^ved poie paiticular)|^ to^i9guifhe and all thofe ftatcs protestant — are fomeof the cir- cumflances, that delineated by the mafterly hand of 4 ^^f«7r/<7, would exhibit a plan, vindicating the ways of heaven, and demonftrating, that humanity and policy are nearly related. An Mexandery a Cafar, a Charles^ a Lewis, and others have fuught through fields of blood, for univerfal empire. Great-Britain has a certainty, by population and commerce alone, of attaining to the mon: aflonilhing and well founded power the world ever faw. The circumflances of her fituation are new and ftriking. Heaven has offered to her, glory and profperity without meafure. Her wife miniilers difdain to accept them— ^ id prefer—" o pepper prn *." So dire(Slly oppofite to the interefl of Great Britain has the conduct of admini/iration been for fome time paft, that it may fafely be affirmed, that, if their view was to eflablifh arbitrary power over Great Britain, fchemes more dangerous could not have been laid. To profefs • this * Mr. NuitntU Tpcecl^ji I t [ s« 1 of tranquillity and liberty, on an ocean of blood, in a wandering expedition to Tome Utopian Iport. The hiftory of mankind, from the re- moteft « this purpoft, would enfure a defeat. Any man, who had lucn a defign, would firft take the opportunity of peace, TosBTbKE par^ of thb subject against THB OTHER. — This might be done in the following manner. ' ,' Let every fefflon of parliament produce a frefh injury. Give no reft, or hope of reft. Let infult added t infiut fill :>p the vacancies between the feffions. Teafe and perfecute into oppofition. Then let minifters themfelves rejoice in the freedom of the prefs. Let every adion of the opprefled be exaggerated. Let innumerable fiilfe in- ve^ives be vented m pannphletv and news-papers. Let all the prov^ations and excufes be concealed from pub- lic fight as much as poffible. Load the devoted with the terms of traitors and rebels. Nearly in this w^y Scotland was treated by the arbitrary miniftry of Charlts the Firft. But the parHament and people of England had common fenfe and virtue. The bafe deception could no: pafs upon them. They faw the fnare laidy^r them ; and refented it fa deeplv, that an army of £»^/i/^ff fled before an army of Scotcbmtn at Nttuburn, For once it was glorious to fly. ^ut it required 'EngUfl> heads and Engtijh hearts to under- ftand and to ad the part. Thus the colonies have been treated. At laft a civil war may be worked up. It fhould be confidered, as Lord Mimsfmd ekprefles it^-whether <* the play is worth the candle." In fuch a war, every vidory will be a defeat. If the colonies are fubdued, vaft fums muft be raifed, and a prodigious army muft be fupported, to keep them in fubje£tion. Great-Britain muft feel the weight of that in- fluence, added to the power of the crown. The colonies areencreafing. Who can compute the extent and effe^ •'-^ T . of f 59 1 moteft antiquity, furniOies not a fingle in- fiance of a people confiding of hufbandmen H 2 and of fuch an influence *? Undone by hervidoriei, Ihe mujl refign her liberty or fome future monarch With hir C0L0NII8, unlefi ihe firft lofcs them in another way. If flia * " Bat, OB tht ether hand, it ii to b« coafidirH, that crwjr priiiet» \a tht firft BwliMMnt afur bit acctfllon, hat by loai ittin a tialy royal addition to oia bertditary revanuo fattltd upon him for hu lift | and baa niTtr any occafion to apply to parliamtnt for fuppiiaa, but upon fem* poblie noctffity of the whole realm. Tbii itftortt to him that conftitu- tional independence which at bit firft accefllon feimt, it muft be owned» to be wanting. And then, with regard to power, we may find perhv* that the handt of governnunt are at leaft fufliciently ftreagthencd | and that an Bnglifli monaKh it now in no danger of being overborne by either the nobility or the people. The inftrumentt of power are not pernapt fo open and avowed at they formerly were, and therefore are the left u«bl« to jcaloot and invidiout refleAioni } but they are not the weaker v^t (» that account. In fliort, our national debt and taiea (befidei the incf nv«- niencei bcforementioned) have alfo in tbclr natural confequencei thiOwn fuch a weight of power into the executive fcale of government, ai we can - not think wat intended by our patriot anceftort{ who glorioufly .ftruggled for the abolition of the then formidable parte of the prerogative, and by ■n unaccountable want of foreiight eftablilhed tbit fyftcm in their fiead. Tbi tntirt tdltRhn and msuignnMt ef ft vmft « rtmmu. Mug fiactd h Iba bindt if tht erawn, have given rife to fuch a multitude or new off ■.«r, created by and removeable at the royal pleafure, that they have extended the influence of government to every corner o^ the nation. Witneft th« ttmmljBnnert, and the wtuMudt $f dtpndintt •« ibt nfltmtt in everv port of the iTingdom ; the cemmiJ/leHtn of ntcift, and their nimuroui /Malttrnt, In •very inland diftri£l t the foflmafiatf and their ftrvaatt, planted in every town, and upon every pubJic road ; the commiJUnin o/tbijlampi, and their JMrihattrtf which are full at fcattered and full a« numeroua { the *M(tn rf tit f(Ut duty, which, though a fpecieiof excife andcu.* °<. "^ed in the fame manner, are yet made a diflinfi corpa from the ordt.r rence in ham, faiftrifthai, titkttti nmittanut, and etbtr moittf traaJaOitat, which will greatly encreafe thia influence ; and that over thofe perfona whofe attachment, on account of their wealth, ii frequently the moft de- firable. All thit it the natural, though perhtpt ihe unforefeen, confe- quence of ereAing our fundt of credit, and to fupport them eftabliflting our prcfeot perpetual tuaa t the whole of which it intirely new fince the He- \ 1 - [ 60 ] . and merchants, voluntarily engaging in fucti a phrcnzy of ambition. No* Our higheft pride ^e is unfortunate, public calamities May make greaff changes. Such changes feem to be intended by fame men. Great-Britain has'been led into the Rubicon, She has not yet paft it. We confider the hoftilities already prafiifed, as the manoeuvres of a minifterial war. We know the machinations formed againft us, and the f^-^ . vourite publications induftrioufly fpread abroad^ to excite a jealoufy of us among our Britijb brethren. We know how acceptable to many an earthquake would be to <* fink fome of the colonies in the ocean*' — and howpleaiing, to employ the reft " in ru{\n^Jiaple commodities:" That^ we are thought <* too numerous," and how much it would be judged by fome for the intereft of Great-Britain if a peftilence (hould fweep off a million and a half of us. Thefe ^6nderful lucubrations hs^ve not efcaped us^ But .here we are, by Divine Providence, three millions of fouls. What can be done vTith with us ? If we were to H to Ott£ Iteftotation in 1660 ^ and by far the greateft paft fine* the Revelation in 1688. And the fame may be UiA with Regard to the officm in pur nume* . rout army, and the placet which the artny has created. All which put together gives the executive power fo perfuafive an energy with refpcA to ^ the perfont,themfelves, and fo prevailing an intereft with their friends and families, as will amply make amends for the loA of external prerogative. *^ Bat, though this profufion of offices ihould have no effect on !»• dividualt, there it ftill arfother newly acquired branch of power ; and that ' it, not the influence only, but the force of a difclplintd army : paid indecif ultimately by the people, but immediately by the crown j raifed by the erowQ, officitred by the crown, con>manded by the crown. They are kept on foot it is true only from yeai- to ye^ir, and (hat by the power of parlia- ment ; but during that year they mud, by the nature of our conftitutioni if raifed at all^ be at the abfolute difpofal of the crown. And there need but few wordi to demonftrate how ^ reat a truil it thereby repofed in tbd prince by his people. A truft, that is more than equivalent to a thouivnd liitie troublefome prerogativet. " Add to all this, that, befidet the civil lift, the immenfe rtvmui of almoft feven millions flerling, which i^ annually paid to the creditors of the public, or carried to the finking fund, is firft depofited in the royal ex-^ chequer, and thence idued out to the refpeAive offices of payment. Thia revenue the people can m ver refufe to raife, becaufe it is made perpetual by aA of parliament ; which alfo, when well confidered, will appear to hi' a truil cf great delicacy and high importance." I Bi.ACK3T0Ni'i Com. b. I. ch. 8. p. 334— 33&* t 6i 3 pridt ahd glory has been, with litumtile uil« fufpeAing to be confidered, only as * protbstAnt eiEit, w* ought to be efttemed by a wife people. Such a peopld certainly would not be careful to difunite us from their intereft— to make us foes when they might have u> friends. Some ftates have thought it true policy to grant greater indulgences to remote dominions, than were en- joyed by thfimfelves : And this policy has been much ap« plaudedf. The enjoyment of valuable privileges by inM* rior ftates, under the protection of a fuperior, is the ftrongeft bond of dependance Why ihould we prefer a dependance on Great-Britain to a dependance on France^ if we erijby lefs freedom under the former, than we may under the latter f " FirmiJJmum impertum^ quo obedientes caodent"— «or as lord chief juftice Coke exprefles it, in his comment on the 25th of Edward the Third, ** the ftate of a king ftandeth more afllired by the love and favour of the Aibjedt, than by the dread and fear of law»,> ^ '^ ' Ought Great-Britain to defpife the advantages « Ihe ice/* t * tSrtm Britain pat herfelf to a very confideratrle expence laft war Ia defence of Ptrtugol, becaufe that kingdom was her ally, and flie dcrivet great advantages from an intercourfe with her. But what arc thefe ad« vantages or the affeAions arifing frotti them, when compareid to the ad' vantages ^ and affeAions that conne£k thefe colonies vith Great Britain f Words cannot exprefs the furpriae, that men fnt from paffion maft feel, on confidering her impolicy, in labouring to disjoin from herfelf the only true friends flie has in the world. If her mtnifters were penfionert of Franc* and Spain, they could not purfue meafares more plealing and ad- vantageous to tnofe kinj^doms. ■f '* During all our happy days of concord, partly from our national moderation, and partly fiom the wifdom, and fometimes perhaps from the carelefsnefs of our minrfiers, they hare been trufted in a good meafure with the entire management of their affairs; and the fuccefs tliey hav« met with ought to be to us an ever memorable prpof, that thx true ART or GOVERNMENT CONSISTS IN NOT GOVERNING TOO MVCR. And why fltould friendfhip and gratitude, and long attachments, which infpire all the rel'iAi and fweetneft of private life, be fuppofed to be of no Weight in the intercourfe between great comirunitiet ? Thefe are prina- ples of human nature, which aft with much gieater certainty on numbers than on individuals. If properly cultivated they may to us be produdtve of the noblell benefits; and, at al' events, will neither lefl'cn the extent •four power, nor ihorten the duration of it." Bidiop of St. Asavh's Sermon, p. 13. [ 6« ] £vSpeCtmg duty * to labour in contributing to ^evate her to that exalted flation {he hqlds among the nations of the earth, and which, we ftill ardently defire and pray, (he may hold, with frefh acceilions of fa|ne and pro* fperity, till time (hall be no more. THtsE -being our fentiments, and, we are fully convinced, the fentiments of our bre- thren throughout the colonies, with unfpeak- able afHidtion, we find ourfelves obliged to oppofe that fyftem of dominion over us, ari- fing Hitaffiuilfyirecehit tmthfaftty from us, l)ecaufe, by the adoption of Spamjb maximsj (he mgbt with danger exttrt wuref It is the duty of every colonift to oppofe iuch maxims. They threaten ruin to our mother country and to us. We (hould be guilty of treafon aeainft our fovereign and the majefty of the people of Enpand, if we did not op- pofe them* England muft be iaved in America. Here- after, {he will rejoice that we have rejifted-^znii thank us for having offended her. Her wifdom will in a ihort time difcover, the artifices that have been ufed by her wpi^ enemies to enflame her againfl her dutiful children % that fhe has fupported not her own caufe but the caufc of an . adminiftration ; and will clearly diflinguifh, which will mod: conduce to her benefit, fafety, and glory, weU treatea and affeSlionate colonies^ w millions efJlaveSf an loi- natural encreafe of her Jlanding forces^ and an addition to tht influence of the crown, defying all calculation, * It has been fuggefted, ** that fubje£ls fometimes err, by not believirig that princes mean as well as they do'*—- But, the inftances are numerous where princes and their courtiers err, by not believing, that fubje£ls mean as well as they do. ari- fing t *3 3 fiQg from counfels pernicious both to our pa^' rent and her children — to ftrive, if it be po(^ Sl^U, to clofe the breaches made in our for*' mer concord — ^and ftop the fources of future animofities.— 'And may God Almighty, who deligiits in%e titles of ^'^ and merciful, in- clioe the hearts of all parties to that equiiaUe and benevolent temper, which is neceflary; folidly to eftabli(h peace and harmony, in the; place of confuiionand difleniion. « The legiflative authority claimed by par* liament over thefe colonies conniU of two heads— firft, a general power of internal le« giflatiou} and fecondly, a power of regulating our trade : both fhe contends are unlimited. Under the firft, may be included among other powers, 4hofe of rorbiding us to * worfhip our Creator in the manner we think moft acceptable to him— impofing taxer on us — • collecting them by their own officers-^nfor* cing the colledtion by admiralty courts or fourts martial — aboliAiing trials by jury— « dlablifliing a (landing army •{* among us in * See Canada biU. t The army under the command of General Gags, in the province of Mdjpuhufetts Bay alone amounts to &veral thoufand men— 4cept, there without an/ntt cf tbtir affimblyy and to be augmtUtd as the (rM^rtf/ (half think [ 64 } time of peace, without confent of. our afiemm blic§ ' * I muft own. Sir, I can fee but one reafonjfar raifing fat this prefent jundure, this additional number of * troops, and that is to ftrengthen the bands of the mi- * nifter agaiiift the next ele6^ion, by giving him the * power o? difpoHng of commi/Jions to the Jons, brothers, f nephews, couiins, and friends of fuch as hare intereft f in boroughs, into fome of which, perhaps, troops may * be ient to procure the free eledionof didr nusmbers, i^ f imitation of the late Czarina fending her troops into * Poland to fecure the free ele£);ion of a king. * But ftill there is one thing more fatal" thad all I have f yet named that mu/i be the confequence of fo great a f body of troops being kept on foot m England^ and liw^ * he the fintjhingjiroke to all our liberties. For as the towns * in jS^ij'/^i/, will not be able much longer to contain * quarters for them, moft of thofe who keep public * houfes being near ruined by foldiers billeted op them; * io on pretence of the nece£ky of it^ barracks will be built * for quartering them, vmich will be as fo many fortre0es * WITH STRONG GARRISONS IN THEM, Crcdcd in all * )parts of England, WHICH can' tend to nothing, * but by degrees to fubdue and enflave the kingdom. < But if ever this fcheme ihould be attempted, it will ^ be incumbent on every EngRfiman to endeavour to pre- f vent it by a// methods, and as it would be the lajijimii f that could be ever-made for our liberties, rather than f fufFer it to be put in execution, it would be our < duty to draw our swords, and never put * them up, i\\\ our Ubefiies were fecured, znA t\it authors * of our intended Jlavery brought to condign punijhment.'-^-' * 1 hope I {hall be forgiven if during the debates I (hall < take the liberty of fpeaking again; for I am determined- * to fight inch by inch, eveiy propofition that tends, as I * think this does to the enflaving my country." Lord Vifcount Gage's Speech in 1739. Pari- Deb. book zith, p. 38^. See Montefq. on {landing armi<;s. A minifter declared in thellbufeof CoiMinsV tliat1i«, fcoiild «^ irf^ays confiderM m,'* pah of the cohftrtutton*! d^'tfe|i|iilitar3r fliduM'P niider the civil aiithoridr.*^^ Btii,% brdb-; the e#iinde^ fhthierb^ the forces Wi precedeAbe (}f a sovertiflrf In l^e provintt^ uhder his go-' vemoittit; By Ks mij'^'s tfr^jSr, lyaAfittitted h]( aj letter^ dated^ih^M^tii of Febrqary 1765, from the ^retary of flateitb ^e comiban^cr' in chirf, it is'deiilaredi; « thar the orders of the commander in' chief,' and" under 'hW, of the bcijg^diers-general, commanding in the northern and fouthelM deparnnenta^ W tiU militiinj'affairsi Jhaiibe su- PJ^i^i, andmuft be obey^ by the trbopi^ as'fuchj in'aU iibe aifH gMrnmttiH in Amer^i That in' brfes, where no J^0ek Wtteri have been ^iveii by the commander in chief, or by ti^e;brigadier*general commanding in the diftrid^ the civil fovernoi- in council^ ahd where no council there- iUbfiftsj ime civil governor, m ' ^ ■ ,. 'J . ^ . . ■ Thus,' our governors, the'captalns general and com- fnanders in chief, reprefeming ,^e Ifivereign, and known cur young «¥?» * fof recruits — cbaQgii^(^- ^ Aittitions to t^n^onftittttiiJiiof tfaffefpl^es^ are^ef>r4Vf4 efthdr IfgaiautHonty^ in t|mb qk ft^CB,^ «>£ W/r— ftodit ptrutud diaatmat p9w«r fli^Iubea ovor x^> 1 1> ^ccotii* laft wai, to ctian^ the mtM ofzxit^xm% nuiit^ry ^fipiiii^ir lions, iind^to paJfTth^t totl^r geiitiwi la jfam-ua^t^wi: gr^aijial. It ia pot knovrn, wfa^iter vh^'atiio^i^insi^Qa ibra^ajity hsis been oiixferved wUh nmd to t^e kfyaf^m^- rak of tSirf^^^ivi ** DlST^icvs. * The ^miMiuhiStve f)e^ juftfjr r»lebrat«4 in 4ii^«» 3^ {ykit ; ^et |[^vf( uahappy h^^ thejr been m^ in a fhort perk-i oi'Stlaibe, by that Aogl'^ ^'^S''** ofarbitrary poiwer« a^««a;\,f ^srffy. Their di|krefs was wrought uptQ (Ucb a 4^f ve, tW ^oufands, ai) *M»4:« JIanding armf puritiing them evien into thefe woods, ^umtwri Of them now in thtfe provinces, have (erved in the armies of the ievetal fMinccs in Qtrmmj^ and know well, that one ftafcm mth thnr rulers, for putttns fwoi^ into their hands, was t^ cut the throats of their ' own fathers^ brothers and rdations who ihould attempt to relieve themiblves from any part of their miferies. 1 kek former fovereigns ai^ now oompleatine, it is ftid, the cruel tragedy' oC^ranny« Th^ will not fuffer tbofe they have made wretched, to feek for a more tolerable exiiience in ffouod founded oil Is V one la#, will the Qther. Wha^ a vaft'demahd mul(b6 .knade on Jier tor thil artide, and how firmly would her domiifiidn he cftahlifiied, if we AttmUd wkoWym her for ftu| d; y bread 1. Hep modern wnt^rs confideir cotcnifti a^ mvtt otGfiai'Mritainllbxit up in a large workho^jft,' £6n- ftantly kepit at labour, in procuring fuehmitiriaftai fte^ prescribes, -and wearing fuch clothes at flw Jends.^^ Shoul4 A^e ewffr adopt the meafuit. aboy«niefi(ioned»: and on our con\|plgint8 of grievances, withhold f put, itit necei&uy to fytakt Mppt ihe /uMtfiitfi c/Jkeb AJ^^-^And methinks it i^ but a narrow (u^ted procMd- ilSg in us to gojuft 0o farther Iff #»r ittHiUJ^f Diftii i| dbftt* p\M^'j^ll}lidmiivn pTifint cotuSthm foreith piyio cbcW dude /«^ 'Otir regard the condition of wlf ithti^ ttatimr^ mdvB mS^ Bitt jdl that which haA hipptened laft «f id! ih i^u?0^n.'» ^^ ft'ii 'That thai plan of governing us by withholding fMr^^-t titst/^fikzs been confidere4» and in what light cdo« niet are viewed at home, the following extradi will part- ly (hem" , ; *< It; appears that the original and grand eVlMttendingr them was, the fettlement of fa ct^fideraU* a part u^ a cli- mate incapable of yielding the comi^odities Wantiiig in Mritmn, ;t '"" Tlieft northern Glomes, long anb ihtir ^fadvan* tageous nat'iTe was known, were continually Ihcreafed by fr^ migriiitions fiomBunpii which, as I before obferv- ed, ought totally.tohave been prevented, and fuch migra- tions have.bee%fMicouraged^nly to the beneficial colonies. *'' V . . " ** llmuft think this point of fuch great importance, at to extend probably to the annihilation of manufa£lum in 2 ' ^-: out 1 1 f 70 J ^rtcjirp ,$i)d gr^tsmade by Ae c^rowh it pethf^ir when the power of makiAg them was upi- ;A A mif PiBO^wi^T^ eot^tiiuit^ it h in thej)r!9iM(fi^Jbtt|e- ««U on jjif Oi^ we mu^^ look for hen^ ¥^p^i ^ i^k d^ fiipuef^ of t|ie old Jmmam niiintn have le- i)MM«4 «m4 Wed ther!?, wMcl^majr, ifi A^(c fertile t»o|i,i lnyfittltivaited In fach abunffiince, m to ei^a^le uy to underfeU all the world, as well as fupply our own^pon- fumption. It is on thofe high, dry, and healthy lands, ihut «i|i9^f«idi>will be citltivatedto the baft adiittaOigp, aa ■nuijT of llMpre hills contain quarries of ftone, and fkot in the ufihaimv fta-ooafts of our pn/mt colonies. ItotMo we ihould brine the fettlertfrom £»r«^, or at leaftfuff^r none tc(ULll9rt% of Nfw-Tork % by which means our niim- Ms Wttwi^creaTe In thbib parts, wlvbre it is ms intei^ tbiitypiottldincreafe; and the report af the fetttert froiii &9 new colcmy on the Oi^0 would be a conKlant drain of people from our unprofitabU northern ones, by which mquu they would, in future times, aswellasthepcef^t, h^preveniediiofli ^tendinl; their manufactures. M 'WliatiX^all therefore venture to propdfe is, that the govtn^ent, tbrnigh the t/uatu efafno mtrehmtts acquaint- ed With the Atiurietm trade, ^at can 1|^ tolerably de- pended upon, Ihould eftablifli/i^g'^i zt, B^flafit Phla^l' phia, jt^ew'tprkt and a ^w other ports, f^r the fale of ^ch cargoes of ^ritifi> mandfil4):ures as £boij^ be cottilgn- odto themi ^ikI to cpn$ft of fuch particularly as were nioft manUfa^red in the province, with d|re«ioQS fm- pediate^ and continually to un^fell all fucH c6lbn;f manufaaures. By this means the operation of the fu^- ceeding meafures, from the number of hands renctered idle, wottl4be femw^e^er to be executed. *< The (hips which carried out fuch cargoes i(hon]dbe large bulky ones, of eight, nine hundred, and one thou- iand tons bifiden, for thc^j^ke of bringing large tquan- ttties of deals, &c. backj at a lefs proportionate expencei and previous to their arrival in Americay cargoes of thefe (hould • » were [ 71 1 uotv^rrdly acknowledged Uy Ui« fMUW^t Ailib t power uoce frcqueqUj recogni9o4>7jWiirff flkokild be ready for them. The colonifts fliould be enga- ged to work their iron mines, andjret the prodnft ready in bar^ fttf. ififd Vaft ouaii«ittes JtH^^alt M9^^^ timber rMdV liir kiading flie iht|>« ^ All whfeh, 6 *« T^tie fojlqwing, anofig otbcr, effcat r^lliirf^lp this potnta wpuUve d^ coi^|fqueqc« pf tl^e ^..flfetfiiied out jii the preodii^g icdiofu. . f* TTie pieople woul4 dep^i^^ on Britain tpx.ihiofentetj^ /mes»fiypvrnithxt(ah{t6mttaia\i(A&\xrei. ^ .. « , ' ■ " * ' *< The cultivation of ^op^i jwy^Id be m^fejprofit^hle to them than any other employment whatever. . V- ■ ■ . ..■••■ - ■ ■ . ■ t< They&Ar of thofe ftaples would depend oh Bifitami ^ The jpeople Wbuld itll be j^read ovei* an hnmehfe coimti^#pl«ntertiw..|idntrof them coUeAed in towns*. i' << Towhidi circumftances I fball add, in reQieS to J9n/tfiffV further policy, «< That flie ihoiild abide by thie boundaries fixecf al. ready to the old colonies, that of the rivera heads; and all furthers ietlling to be in tuw etUmts, wherever they were traced.. -^i « Th«t (i^e ihould keep the inland navigation of the continent, th»t is, of all the great lakes and navigable rivers, to hirfelf, and not fufferlinyy^ij o^ men. to nayi-r Ste them, and thei^by communicate from one fMtftof 5 continent to another. f* That ihe ihould never fuffer any prwincial troops or mitttt0 * *< ThU point, whicli !• of ia||ute importance, would pretty fully be •ceaConeJ by ot6ef parts of the ptkn. But, to enfure fe great a point, no aew tcMWM 4if uM be fuflfered, nor even villages { than which uothing couM -be etfior to BMinue > nor wouM they be any where nectflary but by the magaainiM of naval ftorcs for loading fiiipi. AH poffible decreafe of ••mbera in the cities already in being, Ihould be eflTeAed. So fyflcmat}- oi^aWiinila it to found towns and cities, ttBrittiMhu hkherto tWr. fntlly done, in all the cploniei ihe haa forced." 0! t 73 J StJCH a right vefled in parliament, would l^lace qs exadtlv in the fame iituatioA, the ieo^ K - . pic mUitia to be raifed, but referve entirely to herfelf the de- fence of the frontiers*. ** That ihe ibould throw yf}ia.t ob(Uclei i^e rould, uj^ ill plaiia of communitatm fr VELLaNHS. * <* Specie tuendi fimua^ jugum Hberii provlnciit mediutur." STRAPA/Ai. 1. ,;*■* [ 74 1 pie o£ Great Britain would have been reduce^: to« had James the Firft and his family fuc* ceedcd VELL ANUS. At unius forte naufr^^iocmpiacatoi fuifle ventos.T~Quin immo ut Uemtia crefcit focHius-— homines I noftra Adlitiite feeuri—l^iS^i dtriMcuBt^ figiiitfi etu^ f>iretiiH$kM"4mptohis pditt canninibttt— »Qilhis— j^r- eiius ar^uttis — extorfbtitt qujd averent-— obffinatis in- viTKuMdi legatiohfbiiA Hif^mm FATiGAaBNT-»Hic auoqtra vifum ciMienttae prindpis aliqua iiuUgiia pofcea^^' tibu8 iiidul|pre. £nim vero quid ex ilia iti4lii%entia fcb£ turn, nifi uifvotorttiii ubiquecompoles, noo pwendo ; fiiW ditos fefe oblivifcerentar^ obfequium dedilbd^nty atque exuta principis reverentia, communicata provinciaruoi de- fe^iotie, iianquam culpse focimte tutioresyhumana omnia contre6tatae femel libertati pdft haberent. Nunc vero non MHttu chiMfSf fed prdvineiiirum ceufenfu p^cztam tS^t io nigem* t^ quia i-ebelks in fiirefentia eohquiei^ant, mi- nus ftcoci^ animis ineiJe^ refumptijirds litique vires, ubt maum tfifrfW; abjecerint. SiC iUe pronus ad AsipERioRA, diflerebat." &ro«J!» de bello jB^(j^0, lib. 6, It is evident, that the hrhljh minifters have diligenuy ftudied Strata znd the other authors who' have tranfmitted to pofterity the pleafing and inftru£live annals oijPbilippic policy, as every meafure they have taken, is founded on a precedent fet by that celebrated fchool of hrpanity. ^ Aha is \Ytt favourite mafter — on his condu£b they keep^ rheir eyes fteadily and reverently fixed, and it may truly be* faid— they follow him with no unequal fteps. Great, good, and wife men ! whom fome future Puffmdorfat 7^i/f will^uely celebrate. ^ *< In 1564, Granville was removed from the coua-^ cil, to appeafe the peo{rfe. Their joy was fliort lived j for as the /ami meafures were pu#9Ued, it foon began to be faid publicly, that though his My was removed from, hisjpirit flill innuenced the council. Upori api^ication for a re- laxation of the edi«5ts, it was faid, that moderation had only made matters worfe9mfi \fk depth of policy, it very remarkable. Sfam was a groat empiic. Tht Lo«r Countriea a mere fpeok, compared with it. Spain was not a maritia e ftate that depended upon them for the fupply of her revenue. Had thcf been funk in the fea, (he would fcarcely have felt the lofa. Her profpeA af fuc« cefi wae almoft certain. France, her then inveterate enemy, exbaufte4 by acivil war and divided into two powerful parties. Every circumflanca ii direAly the reverfe to Griit-Britain in her prcfent conteft with the col*/- nies. " Siquidem veriHimum eft, Igntm UfXit injicer«, et injodo fpatittagi modumque ftatueie, BOH efle in ejulaemmanu." Stbada, /iil. 7. * B*ggari — They were called fo in contempt, when they pttitimtJ, The people thereupon aflumed that name, perhaps to keep up the meagtf of an infult tecafiom I by titir Ityalty. The whole cc^ntry of the feven ^mW PriwiitMi is sot as large ai one half o^ Feniifylvapia ; and when they began their conteft with .Pb'tiif the Second for their liberty, contained abiMit as many inhabitants as are now in the province of Maffuch'jptu Bay^ Pbilifi empire then comprehcndfd in , Eureft t ■ --'u truth of this (ingle pofition, that, " to liv^ by one pe^ation that had given of a fudden revoIt]in the province of Hb>Uan4» [ "This u|iexpeAed blow struck the duke o^ Jlva^ and ftrtfenng the cmfequencei of it, because he Icnew the ftubble was dry, and now he found the lire was fallen in, he thought it an ill time to make an end of the tragedy in Brabant^ whilft a new fcene was opened in Hottand; and (b giving over for the prefent his taxes and executions, applies nis thoughts to the fuppreffion of this new enemy that broke in upon him froim tht iea. And now began that great commotion in the Law Countries^ which never ind^d\\xt in the lofs of thofe provinces, when the death of the royal government gave life to a new common- wealth." ' ' Obfervat. upon the united provinces of the Nether-^ hn^b b^y, Sir H^iiliam Temple. Philip znd his junto of cabinet minifters thought them- felves no doubt very wife, and politic as fo many Machia- vels. But what fays, and will lay mankind a3 long as the memory of thofe events is preferved ? That their counfels' were defpicable, their motives deteftable, and their minds like thofe defcribed by the bifhop of Lerida^ that exactly refembled the horns of thexows in his country— little, " HARD, and CROOKED." and Europt, all Spain and Portugal, the two Sicilies, and Aich provSncei of the Low Ceuntria as adhered to min,-^inanyiflands of importance in the Mtdi- ttrrantan—tht MHaneft and many other very valuable territories \a Italy knd elftwhere. —In Afrtcd and Afia, all the dominions belonging to Spain and Pattugal'^iti America the immenfc countries fubjeQ to thofe' two kingdonu, with all their treafures and yet unexhaufted mines, and the Spanifo 1^. Iniits, M,' xtmif wen numerous and vetcranj excellently officered, iad commandec 1/ the moftrenown^'J generals. So great was their force, that during the v'ars in the Low Coun' <, his commander in chief, the prince of Parma, m r Ued twice into France, and obliged that great general and glo> rious king, ^-lenry the fourth, to raife at one time the (lege of PdWiand at another, that of Rtan, So confiderable was the naval power of Pbiiip, that iu the midft of the fame war^, he fitted out his dreadful armada to invade Enflanid, Yet feven little provinces, or conntriu, as we fhould cal! them, inipired by one generous refolution— '* to die free> rather than to live flaves," not only baffled, but brought down into the duft, that enormous power, that had contended for unlTerfsl empire, and for half a century ; was the terror of the wofld. Such an amazing change indeed took place, that thofe pKK vincei afterwards aftually riioTxcTtD Spain againft the power of JFrAaoc. iv^ by one trovlnce )f Jha^ new the alien in, igedy in ul't and JTION8, ' enemy fv began ch never le death ^mmon- Nether^ It them- Mackia- ig as the couniels' ir minds exactly ITtLE, and Ket of the the Midi- n Italy tnd Spain and tingdoms, anijb ff^(fi- icered, ind force, that prince of al and glo- aris and at bUip, that to invade cal! them, ive flaves," lOWcr, that the terror thofe f/f- ai Fr«*«t> [ «I ] mt mao's * will bccimicthedirfc 6^art iJtwn's miifery,'* they gcneroufly fufFcrcd. — And the \/orthy bifhop before mentioned, who, for iirenuouiiy afTerting the principles of the Re- Tolution^ received the uniifual honour of b^ing recommended by a house op commons to the fovereign fbr jpfcferAent, has juftly ob- fervcd, that ** niijery is the ^iw^ whether it comes from the hands of many or of one.'* *^ It cpuld not appear tdlerahk to him (meaning Mr« Mooketi author of the Ecclefiaf- tical Policy) to lodge in the governors of any /oesety?LTi unlimited authority, to annul and alter the conflitution of the government, as they fhould fee fit, and to leave to the go-* verned the privilege only of absolute sub- jection in allfuch alterations f-, or to ufe the parliamentary phrafe, ** in all cajkf what'- Jhever"' [From what fource can Great- Britain de- rive a ^ngle rcafon to fupport her claim tofucli an enofmous power ? That it is confident with the laws -of nature, no rcafonable man will pretend. That it contradids the precepts of L Chri/lianity, * Hooker. *« For a man to he tenant at will of his liberty, I can never agree to it. It is a tenure, not to be found in all Littleton.** Speech of Sir Edward C^e. ** Etiamji dominus nonftt molejius, tamen mferrimum ejf^ pofle ^ velit." Cicero. « The free Know no ^«f/f tyranny." RoWB. t Hoadly's difc, on governaeat. [82 ] CSriftianity, is evident. For (he drives to forc« upon us, terms, which (he urould judge to he intolerably fevere and cruel, If impofed on herfelf. " Virtual reprefentation" is too rc- diculous to be regarded. The necejity of a fupreme fevereign Ugiflature internally fuperin- tending the whole Itopire, is a notion equally unjuft and dangerous. •* The pretence (fays Mr. Juftice Blackjione, fpeaking of James the Firft's reign) for which tfr^Vrjrymcafurcs was no other than the tyrant's plea of the UECESSITY OP UNLIMITED POWERS, WOrks of evident utility to the * public^ the fupreme reafon ■> I * With fuch rtriboth words may themqft dreadful de- figns be glofTed over. *' There are fome men who call evil, good, and bitter, fweet.— 5^)^/«, is now called ^9- pularity ZitiA faSiion** Pari. hift. 8. 193. ' ** A man (hall not unprofitably fpend his contempla- tion, that upon this occafion confiders the method of God's juftice (a method terribly remarkable in many pafiage^, and upon many peifons, which we (hall be com- {.elled to remember in this difcourfe) that the fame princi- ples, and the fame application of thofe principles, (hould be ufed to the wrefting all fovereign power from the crown, which the crown had a little before made ufe of for the ex- tending its authority and power, beyond its hounds^ t9 the prejudice of thejitji rights of the fubje£i, A supposed nk- CEssiTY was then thought ground enough to create a power, and a bare averment of that ne- cessity to beget a pradtice to impofe what tax they thought convenient upon the rubje for (ettling, tfato crown upon ki' Hum' or the iHufttionshonfc of Bamver ♦. ' •• Curiotf* redbning^ ^ *^Tht cMtbvjirfy httuntn Great- Br hatn and her colo-. nies reviewed;" The learned' gentleman who wrote this pieces has thought proper to quit his argument, flep out of his way, perfonally abufe^ and fevereljr attack the writer of the ** Farmer's Letters.'* His principal objeftions are the fbllbwhig, and the anfwers here given' rtay perha^ befilfHcient to (hew with what force his objedions are ge- nerally ureedk ift, Hefays, *< the writer of the letters telb us, that the drawbacks which are allowed on fome articlei upon their exportation fronij^ff^i!0» turn, 2dly. The writer of the letters fays, that, an aS if partitaiuiu commanding us to do a ceruin thing, if it nas any validi^, is a /mt upon us, for the txpence * tlvit aocniet in complying with it." In reply to this the atudior of "the controverfy" enumerates manyinftan- ces of {oyentgntvJuljeSliHg tbi eobmes to mptnce^ which ^e fuppofes may oe legally excercifed within the colo- nies *< BY ACT OF PARLIAMENT." Pa^S 23, 24. Jn- Jmr. The propriebr of this fuppofition is denied, and remains to be proved. '* Abfurdities and contradi^ons" are plentifully attributed to the writer of the letters, be- cauie he will not f c|tnowledge, that the powqr of parlia- ment «tD^ regulate trade, and preferve the connifibon of the whole empke in due order," involves in it a p6wer to ** tax the colonies," or *< to put them to any ixpenct^* parliament fltallpUaJ*, A perfon of fuch fagacity, as the author of the controverfy, mieht plainly have perceived, if his refentment|had not prejudiced his candour, that the writer of the letters was unwilling to give up any point, which he then thought elTential to the freedom and welfare of his country, and at the fame time was f upwilling to propofe •Id. p. 17. * This fentenc^ related to the diflolatton of the aflVmbty of Mw-IVI, .for Mt conplying with the aft of parliament for not fupplying the troops. I.aft feffion of parliament an aft was paffed for the nore ttmudnm quarter- ingof the troops in .<4b«r/M. Itii not yet come over) but defenret th* attention of thecolonlfti, eyen if it has not the remarkable fcatuiei» that diftingviih the praduAions of the laft feffion. f |f any peiibn Aall imagine that he difcoTers, in thefe letters^ die leaft diflike of the dependence of thefe colonies on Gntt-BrifUt I beg that fuch perfon will not form any judgement on fvtladar ntfrtjfimt hot will confider the ttmr •ftll tbtlaun tmkn itgttttr. In that cafe, I flatter nyfelf, that erery unprejudiced reader will be cmvwtd, that the true in- terefts of Grtat-Britain are as dear to me, as they ought to be to every good fubjeft. " If I am an mbtf/lafi in anything, it is in my leal for tYit ptrpmud df ftHdtnu of thefe colonies on their mother country.— A dependence founded em mumslintfiUf the continuance of which can be fccurcd only by muti»mi »fftSii9im i t I «7 ] iitqh ^'ad oC lifetinbhr" jiooe of the^cH w&A tyei rebelled. ^ Wh»t o^ £^ farHammt U here pn^fis any noxr fubjed of difpulp. , Juftly has t^e aii« thor of the controverfy obferved— that <* it would h^ cndlds to trace thii do^iine of taxes through ali» the 4Maitmt Tbcrefoic It U, that with eitrtmt appnliviififtfi I i4twtlM fiialltft fflidt of difcoatent, which «n nawvUf fcmtcnd tk umi* IM|r •r/MT jrean wUl makt aftonifting altmtioM i^ theft c&leoiM i att4 4mi coBTOtratioa flwnU rai4er it th« bnfiacft of Grtgt-SHtMu mora and anoM to caltivate our |oo4 difpofition lowardi heri Bntthenitftrtnoa b, that ttofe jTHtf wm, who are wreftUag for po#er at homt«. thiafc'thaauclvat vtiy fl{|htly iateiefted ia the profperitjr of their counti^^Ef^jr atjbnjun Kcace, bat aradeepljr coaceraed ia blowiag op aj|>pul«r climoar for fuf- pofoi JanMlblr«le««Mswi "■■ '* For. n^iMMi I i^iffd Gmtt-MttkOi at a bahraric, bapi^ ini %•- tweea thafo.«ol«B|ea and the p«warfal aatioaa of Bvifit That kiayiai icauialiig; lafii^ we» uader it> protefiioa, eajoyiag peace, may diffole dM klefiagi «f raUgiea, firieoee, aad Itbeitjry through remela wiUeiiMlai. It i« the*efor« iacoalciably otir ^tjt aad our httrf/f, to fvpport the inagtk •f Grtai'Mrifhh Whca oonlidiag ia that flrength* Ihe bi^at to fonuc from wh^co it arefe, it will be aa eafjr thing to fliew the fowrce. Sh« may tcadify ba lemiadod of die loud alatm fpread amoiig' her metchanta aadtradcfinea, bythaoi^erfalafBieiatioaof thelb cetooias at th« dm* of the/saf-tS, iM to import any of herMAMvrACTvatt. ** In the yeir lyit, the Kujjuha aad Smdu catered into aa agreeoieat aotto (aSttt GrtM'Britaiii to export any naval troaai from their do- mlaiont but ia Ruffian or ^wmc^ Ihipt, and at their owa pricea. ^ T wnii BrlroM was dillrefled. Piteb aad tar rofe to thmpmub a baireli Atlaagtk flie thought, of gettiagthefo article! /rom the eoloaieit ^nd the atteaigt f«cceediog» they Ml down ioffitm fiUHnp, |n the year t756» GrtgtBrt- t0iu was threatened with aa iaTalion< An eaScrly wind hlowiag for fis weefct, (he could not m an her flec^ and the wholo nation waa thrawa into the utmoft conftemation. The wind changed. The jburiun Aipa arrived. The fleet failed in ten or fifteen dayi. There are fome other •efleOiontoa thte fubje£t» worthy ti the moft deliberate attention of th^. BrttUb parliament} but they are of tvca a natubk, diati do noci chuie to mention them- publickly. I thought it my duty* in the year 1761, while theMmmf-aff was in fufpence« to write my leatimentt to a gentlemaa of great influence ft home, who aftvwardi diftinguiAicd Idmletf, by.ef- foufiog our caufe, ia the debates concerning tha repeal of that a^** FAaMsa's LcTTsa, aii. page 100. If tha author of ** thecentroverf^** had feen the letter above referred to, he would have found, that, thedifterence bctwven theraaaooATivx i« Grtti-BriMm »ni in AmHea, and tha exerctfe of iMTaaNALLKoisLA-T T ION by .parliament over the colonies, -with fome other points therein mentioned, were reprefented in the ftrongeft terms the writer of the letters could ufe, as unjuft, and certainly tending in a few years to pivdttca the deepeft difcontents. The time is at length come, wlion (ilcnce 4a 4mri^ ta theia fwbjcQt woiild be ftupidor citmiaal. hm nMMMiti Swiljr hot ibe i ttk of Hettrfihe SdnMk$ ehjipler iht ift, labour of a kbe THE cQ^.8E^fHC|M.*' Pajjp J3. adiy. Tlw Fn^cr qf JUrtti^y as a ptMffedly free pieople can be oii another. On th^s the author of the controverfy kindly bbferves, that '^^ \% if apily the Ieariw4 «ditor(the £11^ editor, k is fiippofti) has not given the public a dmertation ta that mo^ini^fotis apf in^rui^ve paii4ge." Pagpa^. ^^j/^^lt 4mnri(tm iui4emni}ihg9 (lifcover no inconuftency in the idea of ^ a ftatebeine dependent, and yet perfectly, free/' ani) their teipipcr i^p moderate that they would be ccnitetit with that degree ir freedom, which is compatihlcvtth a dcpendance. ' If the propofition puzzles miHfi otider- ftiindiligs, it Is Drtfjim^d tp he, becaufc Btfim'M ftot «m thcpmlves llK trouble to think of aiif dipaiiaiice» lit ^'fiuki as is deftru^ive of aU freedom^ tbitml fhtf themfefves il^ dependent in fome tpeafure on dthers. 4ib)y. The wfiter of the letters (ays ** if money be rai^ upon us by 0iltfr« widiout our confent, for our defence, thofe who are the judges in levying it, muft alfo b^th<^ judges In »p]p^ying it. [Of coNSBqusNCB, the money, Jaid to betaken from vn fos oar dthtk^^ may he en^l&fedt to pur htjmy. We may bff * chains ™ by a line of fortifica- .tt09Swobj(Me|d to pay for the building and maintaining 'them-'-aiwrbe told that they are for our defence] With » ^ what * l^hft «r4MV(^j of thU inea(uc« ukjng plMe» it confirmed I c a* MAD A mi^ a poutical device f a e«triierdinaiy> at to excite fbirprita e*e« inthoroco^Qiftt. who.tivc in the y«ar 1774. By thit biU, it itfaid. the lipfkthit powet it lodged iu the governor and • ^eyr men, not left than 17 aoK more than 23, appMAtad and rqnoveablc by the crown | and ^a tmrcrnmfnt bscomei wImUjt miHtarjr.— ^^m/t by jury are aboliflied. ' though multitudet of Etiglijb fubjeat fettled there on the enconragemenC l^vaa by tba king't piodamatioa in 1963— The Pruuh la wt are r^tmi, and ALL THB COOMTaV OM THK BACKl, OF THXtB COLOKtSt it added tO (ianatUt anji rvT vMoaa thk tAM> military ooviaNMXNT. Tbii it indeed to ba " cbtind I'a." Nothing it wanting to comidcu tba plan, but our money. t« defray the expence of erefiingyfr»)if bp/J$ amenft * our teoM/t and mountaiHt^ and to bribe our ImUatui and than the exproffion of *' itaiimwrfwordt iuttflwghJiMnt" will be reverfed in an extraordinary manner; lor "our plough- fharaa" will furaifli the vei? *< fworda" thatara to cut our own throatt. X hi di ff^ ftQhil^^ ihe latli aiHi. ntb ol mwm the gd* efaapto: tbe ad» «« &r tbefiicn M " thar wkat face can we di4>ttjte, the fad after having sraiited gmttbpfewho i^ljf the money, If ad a tight to Jm it f tut ftirely .. is viunh e^er (q% thbir wifddq^ to ii^« iUfid hqw to ipply it in the l^k mf^iner than how ^>^ ley]^ It !h the beft Qiihher. Befides the right of levying 18^ infihitdy'more c6nfe(|uence than iRt */ ^ffmuVn. The^ple of Mnihid, who Woinldbtirft out into Mryil ^# crown ihoutd attjempt td livf money bv ii^ owi^ au« thority, have always a^gned to the croWii the afpucailen of money.*' fffffl file W9rd» relftiag to « appHcidto" the author of «< iiwriBOiilraverfy" ^diices a <* proof," that the • iiMK»»^tiiile|leKtis very deficient in « his knowledge of iHe ioi^littHtian" * &c. Anfimr* Is chit tTetttaent geneioiM^ In iTuckque^ions ought the attadttobe tiini^ ed firom ikntiEtmfi to the numf The writer of the letten pretends not to be diftinguifhed, at a *' critic on govern- mMi* iM.fi)ff ** jttftncw or el^a^^ce of eooapofition f." Surelyy even the author of (^ the controverfy" muft now ' be convinced of his averfion to writing, as th»t perform* ance^ witii skU « the jtuftiiefsand elegance (rf* its com- pofiikin^ knowledge of the fubjet . » V I 9C1 *« thcr limitafibn of ilmcrovrjiike" is in- tended. And« 18 it iniiitned thtt the words ^ dpmimons and territories thereMnto belong* V ' ^j^ng impmerhf emud^ but that his nuHvt would exc|p|b {im from a levere one. How well founded the pref«|it ^^ll^oach is, will now.beconiidered. One would imt- ^ gi^y that a man df cotnmoii feiife^ on reading the fore^o-^ stog extr&£t from the letters. Would underftand the writer' plaihhr to mean by " ievvmgt** the power of <• taxing l^ano b^ ** applying^** the power of " tnfloyin^* tw. money raifed by taxing ; or in other terms, the adualht' • pmditure of it. This meaning is evident — the contlufion • Deihg«4^{/r, that ** if othtfs may be judges in Wpp^g money, of coksec^bnce it may be anpkytd to bur in-' jiii^.'%*«^and : tfien follow fome inJIafikHy iti "VAA^ it Vf vax9'kmfi «nli>Ioyed.*' All this is very es the very ingenious jjentleman opc|it%l^#iMr to the writer of the letters topive him this vlojNil^ M^ By a dexterity worthy of imitation—^ juftifiabk. He haves tftrt of his quotation, all the vbords' rndofinl within ^e laft crotchet, beginning at the words .** of consb- <^bncb" and ending at the words ** our defence," that fijewed beyond a poffibility of doubt in whatfittfetiM "word **^ apptym^* was \xM'"takes na notice of the bmifiktti-— • impofes another fenfe on the word — and then infu'lts,^ may it be. faid, < over the fuppofed mtftake of faying, *< that the people of ^Mj^Zimi have always ailigned to the crown the appticatim of money.'* ^ What fehfe hf or ethers may aflign to the word " ap- , plication'* is not the point : but whether the word, taken inthat/eftfe which the writer of the letters ^4^n|/}^ an- nexed to it, is ufed with propriety by him, or whether it is ufed in Jiich a tnannery as to '** prove he is very deficient in his knowledge of the eon'ftitution ?'* By that word, as he defines it, pofitively as language can declare any mean> irig, he intends, the actual expenditure and " empbyment" of money. — And is the reader to be tricked out of that de-^ finition, and another fin/e ihufRsd in, merely to impeach a ipa^'^ character by flight of pe^i ? *'1..* Bh htg" Ill4#i ft«tii||| form hi» migcftyV title -to.liJi€ jiofereigoty jI thefe Goloole€:^ The M a omimou llAsaottheconftitution « affienedtothe ci^wn tH« fAlMtf/ tttptfUUtwi and m^kjmmt of m6ne)r ?" Ii tiot; &!#[ power part of the «r«aflnwf JPoes not Mr. JafliceJBJ&n^ ' ^011^ ipfntion this powa^ to ihqir the vaft influence: of 1^ ccoirn ?^H< particularly takes notice of it with refpoft to 'the army-^in thefe expreffions-— *< paid indeed ultimately by the people^ but imme^afify by- the crOwn } . raifed. by ,.||ie crown } officered by the crown } Commanded by mt Is not the word " applitatiqin" ufed hd'etdo, hotbnfy |lfV|erly» di^f^ud, but properly, k dionftiliiHtnalfenfii? Tfwe if l«i that the word is fometimes ufed as fynoni- ■HMl|>w|th i^r(>^afi«»» thouffh this latter ieems to be A*- jfiltumi'Word to mean the de/gHotim of money to pai»- ttciiUr jpttraofes ina&s of parliament! Could it be poffi< .ble» tlu^tlhe author of ** the controverfy*' ihould ima- Slim, 1^ writer of the tetters could be ignorant of fuch eftgnattpn or appropriation x>f money by parliament^ %|ien oi^e qm fcarcely open a book of ftatutes^ without e^«E|rvlQ$^>» ? Parliament may accommodate gra^y|| moi^ to public nece^ties— and may call officers of n^^ crijtwni to ju:cQunt for money, but thefe powers no more prove the aiiual expenditure and employment of money to belong to parliament, than the power of calling officers of the crown to account for injurious leagues, ' or declara- tions of war, proves tile power of parHament to make leaeues or to declare war. Befides, it being contended againft the colonies, that the ** fovertign power'* n lodged in I^ing, lords, and commons, the ^ame perfons may ta)f Jind expend, to what ea^cefs and m what manner they j^LBASB, while the colonies will have no kikq of cqn- "taouL over them : And, that, fuch an union of thofe powers is unconftitutionaiaiid dangerous to the colonies m extreme, was the point the writer of the letter o&nf fively ventured to idfift on. . Exaaiy * I Bhckftoifc 130. \ \ t 9i I 6ttC0^^ ^ thetii might hai^e IboM oU% bttt whit force h allied by fheiHofertbti^ Thefettlemeiitof the Crown of England in«s clmdes ExiAljr in the fenfe here eon^nded for. vethe worfe ' ^ appfoprindon" and ** tpplicetion" liwd in fpme ftf the beft authorities. Biftop SOfs in l^is traat on liber|tj(» page 31, finrf— «• TheparMment, at prcfent, in grant- ing money does for the moft nutj^ipri^i it to MTticii- lar rervices, whereby the apfXeatiw of it i» nora eiMufd- ly fecured." *f When aiw aids are given, the cMnmoMs only do judge of the neceffities of the crown, which cm^- npthe otherwi/e nuide manifeft to ^enii than if imffuying^ how the money Which hath' been granted, anid revenue of the crown, is txpmded and apflitd *,* « Out of the aids given by parU^mciiC, (which by the law of ^ M»q^mA are 0ppr9^ruiM9 abd'iariftt it hmm 4ms M^^igMf in tfa« with the vonfenrof the nitbni'inidea Jiing, /ikn^f the twohoufe^ can miike lawi. Yet that eonclufion woiddbe «8 joftifiable is i^6t(iM«uthit the aflent of the cobnics to aif eleo- ttott>df #liing by the two hoefesi or to the Mmtttit^«Mi of we crown by a^>of parliament provet't rtgbt in parliament to bind die oolo- ineal^'ftatutcs ** ih^all'oaAswhatfoeiFer." in ftieh greats pointt, the condlift of a people is hifluinced^d^ by a regard fdrthdrfrMooi and bappincfe. The cobmea fafave^ no 'othir head than the king of England, The perfbn, vHidr by the law9 of that realm Is ^g of th^ r^almt is our king. •■-•A- Tnic Indeed are tkofe words of Lord C2«rwMENy«— *< Let llohoneiL man. that is once entered inti$ the lifts, thtnlt lu: can by any ikiU or comportment prevent thefe coq« Aids and ajQaults-^but let him look upon it as a purgaio^ .|ie is unatmdabfy to pafs through ; and conftantly P^- forming the duties, of jufiicf bkfod. To argue on this fuDJe€fclrx)Rt^eiher laAaMea of parliamentary. power» ir Ihifiing the gf^oinnd. Thft con- nexion of the colonies with; Enflandt is a point of ail unprecedented and delicate nature. It can be compared to no other cafe i and to re- ceive a juft determination, it muft be confi- dered with reference to its own peculiar cir- cnmilancea 'f*. The common law extends to cgIo- * « ifee REGiBus injkha aut libera poujias, was the ceaftittttldik of our Geraum anceftors on the continent, and this t« not only confonant to the pRiNcin.ES of na- TURB, of MBERTY, of REASON, and of SOCIETY, bUt basali^ays bten e{^eemed an exprefspart of the common LAW of Bn^ndi even when prerogative was at fbt "*'*** I Black 433. t iThe learticd Judge {m Vol. i. pag. 107.] (iys this €0011117 was^ not ^^uniidtahited^htTi difcovered and planted by the £n|U(bj &c but0»;^/ to be cenjidered as i conquered^ c^lo^ or tnjidel QOxxuttY^ Our Jmeriean plantations are ;; • , priM^ I* t 97 I cplotiieit yet Mr. Juftice Bkdk/ioni Cyt^ ^' fuch parts of the Uw as are neither neciffarj N nor t ■ principally of this Utter fort, being obtained in the laA century, either by right of conqut/l and driving §$a the na^ tivea (with what natural juftice, I ihall not at preftnt iii*> J Hire} or by trtatits :znd therefore the common law of tngmndi M fuch, has no allowance or authority therev they being w part of the mother country, but diftinft (though dependent) dominions. They are fubje^ how- ever to the controul of the parliament." According to this doArine, the nhni^t areconfidered inahgalvitv) bv the parent ftate, ** as tnfidils or ctnatursd pnpUf* not as ner children with her content eiUblifliing focieties for her benefit. Though not a fingle man of the *' infidels or conquered'* people, fliould now be found to lefide in each colony} yet -a political contagion is com- municated to Englijbmtn in fiada Jteuhrumt becaufe tm^ dians once fiihed in the rivers, iUM- hunted in the woods. If tbit be thehr ** emUtiin," then according to the law laid down by the Judge, ** they are fubjed not only to'tbe controul of parUament^ but the King may akir and imm pft what laws ht pleafts'*" It is not known what the learned Judge means by the wprd ** prineipaify" Perhaps he alludes to the ill direded humaittty and ju/tia oi the hrft fettlers of fome colonies, who purchafed the lands from the natives, for valuable and fatisft^ory confiderations. It was a very ufeleft ocercifo of their virtues, for their pofterity. If they had fydiuidtnt fettled an ** uninbaUtid** country, the inyaliiabie riehtt of the common law would have attendtd them,; but virbon diey dartd to obtain a fettlement by humanity waAjufHa^ they fwfnttd all rights of the common law, to the latcft fucceedme ages. Can this he Imu? Every cafe, quoted by the Judge, it is humbly apprehended, makes a diftinc- tion between ftates or focieties compofed ai EngUfltfr^eds^ and thofe compofed of **>conquert^' people, £c. and that M is die only diftin^on ipvarrantabk by thofe cafes. ■•■•.... , TJ^t • I BlackftoBC logi u>4 die cafei there cited. ' I [ 98 1 Jlor convenien} for tkem, as the jurifdl^ipn of tire fpiritual courts^ &c. ^re therefore m>t in force." Thait i\it' emtfiertrs fi^ould be eonfidered as the tonqumdy the expteiUrs oftht nativtt as the e^^peUed natives^ and the thriflianp^ff^ors and ewneri by fair purchafes from theft wht hfida right to felly as the infidik no Joffgtr fofTe^g or own' ing^ feems to involve a confufion of ideas. Tittle agreeing .with the ilrength of rettfon that informs the common Jaw. It is very remarkable, bow our ableft antagonifts are perplexed in framing their arguments againft us. Even the learned Judge does not ^xprefs himfelf with Itis iifual perfpicuity : but the want of it is well atoned, if we, co^ ioniils, can be thereby deprived pf the benefits of the com- nun law, and be abfolutely fubjeded to the iingi for tbefo Mcourtly tenets ate the «ii^e6nfequen6«Ni deducible from the curious tfr^iiwiiN/ that tends to involve #^ m^^i^ in the •Biisfovtunes of ^*^ tonqiundf iedod, otinfidol countries/? The ^^xontroul of parliiinien^' is lUTerted to \tc fupreme, in 'wei^cafe. Whether the colonies wefe^fe^tled in *« un- it^aDited countries,** br in ''conquered, cec|ed, or infifiel .^Otantnes," malces no dUFerence ftsto jr^< point. Another learned^gentleman has difcovered, that we «are tiotentided to as freat a d^ree df freedom as Irekmd,'* Why ? " Becaufe irtland'wm a conquered country." This temaric does not feem to remove thedifficulty. Let us hear the point a little more ekplamed. *^ IroUmd it is true-WasfWf^tt^/'^, but certain cmueffions were niade to the ibKSS^. Thefe were the terms granted them, but England Is obliged to keep no terms with the colonifts." At every ilep thefe gentlemen take, l^die writers, who have con- tributed fo much to tlie glory of their country, turn upon tiiem, and dire^ly oppofe them. They at firft flirink be- fore theile venerable advocates for liberty and hiiadanity—- but recolleding themfelves, they diftinguifh -andrefine, in order to take away the fubftaince of every argomehtj and to whittle down a ttotk^ and a Locke into a Lejkemge and a Fibner, Alter taking thefe liberties, thoy at length grow %old enough to arraign the authorit][ of ;my man, even Mr. Lech f» CQm force," If even the cc^mon f aW* in f^rct mthintl^j^fOfkoi^ngl^wli^ the o6lobift4 qilicted it, is thus abridged by thepeculiiitF circumftances of colonies, at lead equdly j uft» an^ conftitUtSspal is it« that the tower ot MAKING MEW i^AWS withiii the reaUh o(E^ i^lr himfelf, if his writings cannot, by all this art, |c turned to their purpofe. We need not be furprifed after this, that every, colonist who ^ventures honeftly to aflert as well as W can the caufe of his native land, ihould be treated with little re? fped. The colonies have always been on the they have i3^ iuft as the, ** unfufpe6Hn| people of England'* have done jn their controverlies with the crown. They confined, themfelves, frotn time to time, to a demand of redrefs fbr the injuries offered them. This behaviour of the colonifts would, byfome perfons, be deemed modeft and refpedful. Now indeed>the condufb of adminiftration demonftrates to us, that we muft enlarge our views, and endeavour to take a profpe£l; of all the mifchiefs neceflarily attending a chdffk of boundlefs power with an unbounded mclination toexer** cife it. The gentleman may perhaps call for fire and faggots . to extirpate our political nerefy ; but we truft, and truft frmfyi thzt the fenfe and generdfity of the gocKl people Of ^»^/ 1 1 ■*• I \ ' I [ 100 ] tand, ihbuld be abridged with f cfpeA to co* lollies* by thofepeccdiar cireumftancts K' ' /^ ' '-• a'* - Tift di^vnKlentiiig enemies fiom whcun tbtf can expeft no ' other favour, but that EngUmi «ibalibethelaft they will devoun" * •The author of the controverfy, in page 31 of his work, argues thus concerning the legiflative. power of Gnat-Britain over the colonies. *' The lands in all the <* colonies havine therefore been dearly fliewn to%e part ** of the dominions^ of Grfat'Britain, and the poflytors ** of them to hold thedn under authorities and titles deri- *< ^ed from the Britijb ftate, Mr. Z»ch would require no **■ other proof of the right of the legiflative power of Great' ** BritatH to the obedience of the poflefibrs of thofe lands y *' for fpeakine of the manner by which a man tacitly ** makes himulf a fubje^ of any country or government, •« hefiiys," \' ** It is commonly fuppofed, that a father could oblige *< his pofterity to that government of which he himfelf was *^ a fubjed, and that his compact held them } whereas it ,,*^ being only a neceiTary condition annexed to the land, ""C^afidthe inheritance of an eftate, which is under that *f government, reaches only thofe who will take it on that ** condition, and fo is no natural tie or engagement, but a ** voluntary fubmiifion ; for every man's children being by ** nature as free as himfelf, or any of his anceftors ever << were, may, whi}ft they are in that freedom, choofe what ** fociety they will join themfelves to, what commonwealth *( the^ will put themfelves under; but if th^ will enjoy ** th^ inheritance of their anceftors, they muft take it on (* the iame terms their anceftors had it, and fubmit to <' all the conditions annexed to fuch a poiTeffion/' Who- ** ever (fays he in another place) by inheritance, purchafe, *< permiifion, or otherways, enjoys any part of the lands *^^ annexed to, and under the government of, that com> ** raonwealth, muft take it with the condition it is un- ** der } that is, of fubmitting to the government of the ** c9mmonwealth under whofe jurifdidlion it is, as far f* forth as any fubje > r 01 J ,,THifikw8 of £«£i«ici with refped U^pmo^ gativct «nd in other inftanccia hair^ accofo^ modated ii of the gendemao U here again remarkable. Mr, XMl#t in his 8th chafrter on civil govemnwnt» ** Of the bennningof political focieties," imuuMatify before the words wbovemen- tioned <* Whoever by inheritance," &c, (peaks of a man who ** unites his perfon which was before nee to a fode^ for the fecurhg and regulating of property, and ftAimfs tfi the communitv thofe poifeffions which he has or Audi acquire, that do not already belong to any other govom* ment." Thefe words the gentleman not thinking quite to his purpofe in tbis^lace, feparates from the words of his quotation, and fo gives Mr. Z^c/f^'s conclufion without his premii^. However three pases after, he is fo candid* as to give the premifes without the conclufion. How, or why ? to fupport this moft curious diftindion— that Mr. Lecltet in that celebrated part of his argument where i^)eak* ing of ** government taking the property of fubje£ts," hd fays ** What property have I in that, WHIQH ANOTHER MAY BY RIGHT TAKE FROM MB WHEN HE PLEASES," * nuans m mor^* than that the iupreme legiC«t ' lative power has no right to take the property of oti|(Si Without their confent ** for the private use or purpqsb of the legiflative." So that according to this conffaru^ion the conftitution of a well eftabliflied government, or the freedom of a people, depends not on the ereat right which. God has given them <* of having a mare in the Bovernment of themfelves," whereby their property is fecured, but merely, on the ^* purpofe** to which the property taken from them without their confent l| applied by thole who thus take it. And yet this gentleinan has feverely attacked the writer of the letters, for ufinc; the word ^* purpofe" im much more anfined knCe, in faying a <* tax is an impofition on the fubjedt for the JoU purpofi OF LEVYING MONEY." . Mr. iacke^ in the preceding chapter, fpeaking of mo- narchy fays, *' that abfolute power purifies not mens bloods. For if it be afked what fecurity or fence arifes in frcb • Pa. SS. >i' I - I tOi 1 taoAmeA AtmMfei, Wkhtmt altetatloft by iMum H^ftchmgeof dratfttftstncet, the wd^ -•''■■-•- fkre yM 4f^Mti l^iiift tfw 1/mihtt snd opprtAoii df the a$» /Mttfitkt f tiM iWy qodlicM eaiM fcarte be homxL THejf itf« feidy to fell you it deferyes death, only to iifk aftei* ftfety^ BetWiitt fubjea and fobjea they wUl ^nint tfaeM UmII be ttteaftntt, latrs and judges for their mutual peac^ iAd ftciirity : But as for the ruliff be Mgh to hi aiflUiU; tl^tt airtfi attfiuh eirHahftanea ; becaufe he hai power to do monk htirt and #itong, 'trs right when he does it. Td sfkhowyou can be guarded from harm or injury on that Mt nrheiethe ftrongeft hand is to do it, is p^efehlly th^ toide eS faSlitu and nheiUm," But here our ooptrnent mtf ttnttt in with another diftinaion. ** Mr. Dkh ^cakl liere of an Mm* rukr, not of ahfibtte rtders, Lilfyptoyu ^leie is the nngular and' plural number. A power that Mr. XtfrifWouKMiave held Illegal In^Pi^fit^oiittorMStuinii ht would have held legal in thtfiur humbrtdif 4f^§ • with^ro- ■V i »> 74» that ^imd objoi^ jpia-pctmdiy mm^s$ ^e .■;., . ^^:ii iiiMO^iil, and fii«$tiig tkc^ it multiifiiit .i$i fhtf have loK all ideas ct juftice, humanity, law and confli- «utibn» and Jn fluut Tbf ^ycilion i>«tye§n (5 ««* BmtMn and the coloiiies, i$a'«^ 4^'j(^'<'u ^iMic ODniRadenundeif idl diedreum(kmQe» txtrme- fy uuUia iff vad wouldbe very glad to be informed by you what wouU Uheji ftr ity and debate with you the way to compofe it:, but this cannot be done by letters ; the uib- je^ is of too great extent, the views |oo laree and the parti- culars too many to be fo managed. Come thertfire yourfdf, €md emu as weU prtparedas ym can. But if you talk with ^ers on that pomt ther^ mentitn mt me to any hiffym ibat JulntSI I xnAy let you and / try what good we can do for thofe vmom we wifl^ well to ; great things have fohietimes been brought about from rmalT b^rminp well laid toptheK" Mf. MoUmnix quickly after came over from InbmdH^ England to fee Mr. Locie* m'"^' lt» t »05 1 coining p4 .. ■■.-.. No fenjfible or good ipan ever fufped^ Mr; ** yet helplaimy enough teachetb* that a fo^ cie^/upon experience of Qniverfal tyWtbafue a rigbf to try 1>Jr anoiberform to anfwcr m6k:e cf- fe^ualiy jtnc, ends of gpvcrnmcnt"---Aiid Mr^ Hoadley afka*—** Would the ends ofgaoernmeni be deftroyed (hould the miferable condition 6f the peopae of Fr^wf^, which hath pro- CEBPED from the KING's BEING AB80-^ LUTE, awaken the thoughts of the wifefl heads amongft them ; and move them all to^ exert themielves, fo as that thofe ends fhould be better anfwered for the time to come I What mind can relifli the hardy prppofi- tion, that; becaiife precedents hs^re been in- O troduced *t ][Iq A DLEY'sdifc. on government. tk' m : F,6Ri,tl« Utter Miff.vrriflftq ijpij^^e fti^. Tif it mrgbiment (rpm precedents b<^ft un- luckily for its wlvocttcs. Tb faft i^pdi^c.r t)ri|blnie' Uitereft o( a iBngdom or ft»t« tpf Violate the Vtm of nataraljttfliceV eqvitjr^liiid humyHitr. n%ere laws ^ nay beea|lcdtbelawa«f .Gop< Caii t^:^imlm4«bfiM. ^89 ill^^lMP fl dit Hfi^ of pi^tniiint 10 **pk0lf* i^\hM.$i^ iomg their dk(f. fiiit Ule|>aeU««- liltfhtllafll^fore ofenui^ned i^Asr^add ibrmik$ ib tftlC'therift iB an olddr «< pteoedeiit" let ThAt parliament fait amidft the fdibs jhtt furround^ea it, fiercer than iHariug among thofp itf t^&^: mfid pdwbr be(:idi«^ ill i#^ifif. ^^Ib^^m^rilc^bbttfadM^^^^ llinbat ihe %le ofitt JgriJbtU could hdt^rbve, the ^int or^lMk'a^elhhMti fufficienily H^iitonftfattd. fMnoe^cl^'i^d Jixftke %h^d HhdiUbimlted, W:W^Mfrc cbtM ^e^ do ? The k^^drir. M'^k mace, PkI a'%^f ^rliiiifai^t ^i^dtrid hbt iiBtibicfiit it lli^d^s^kienfi^ a ^i|ht ^^ Hh ^dl ootS ¥h^ Rbv(llUii6n ^&my O % ^Ih«r ^-♦TWs %ali igciiert>u8o<^w preferred «f 8 rprindfkt %lfh,riick foirit, imtwithftanding the A>pi:^^ not g mtii, the ktft ' a^imiiited with JSfff^ JUAory cto be igao^ ' nnU TbeColonies werein a mtepf iDfimcjT- ilill in a ftate of childhood. Notit £u)gltiN^ tuie concerniog them ii rcooUedted to faavo beenpaft before the-Revolufioot but fiichAS related to the regulation of trade.. . *ll^rec^- dents" were afterwards made, thai, when they grew up, the authority of a mqftfr might fuc- ce^ that of a /tf^^/r/. .^^Pir.E^BDiNTS, it is apprehended, are no ' btherwiiSe regarded . in the ^n^lijh laws than .as they'eftajuUh certainty fqjr the binefix :0F THE PEOPLE-— according to the ^axim— * *^ ntriferabie is the feryitude when the laws are uncertain" Precedents militating agaipft the welfare or happinefs of a people, are incohfif- tent with the grand original principle on which they ought to be founded. Their fup- pofeldTan^pn ehcreafes in proportion to the repetitfOtis of ipjuilice. I^hejr muft be \6ii* In fbbje^s of difpiite * between man and ;ii^h, precedents may be of ufe, though hot founded on the beft reafon. They caiife a certainty, and all m^y govern themfelves ac- cordingly. If they take from an individual 'one day, they may give to him the next« But precedents to ovtnhrow' pHnc^lei, ib juftify ih^pt^e^^^ off, i^ioj^^ftr tie femer of the cmJHtution^ though a eloud of 2 . . • ifhein ^'li^rnkf^W^i <|i«ve«no more foic«- thtttVtfleL ^ivollM|0s ol 4«9ft tUt Airrc^fHi « Mjtriiiih|iUl fear. Thoy mfty olifciiie it.: .they^dMmot ftop it. What w<>UldtheUbeiti(».Qr the (MMH . pie of England have been at this time, if pre- , cc^aoti jpoiild have made Saws ioconilfteiit with .iheconiUtutioii ? Precedents^ ten<|if^ to ta^ men oiihappy» can with propriety of charadcr .(be quoted only by thofe beingrto whom ^ mifiry of men is a delight. [ ** Ip tl^e uiage had been imo^emorialimd uniiprix^, an4 ten. thoufand, jni^n^^ qppld have l>ef p produced* it would not., have jb^en fufficient } Deca.ure the pra^ice muftjik^wiib be agreeable to the principles tf the law*, in pr^er fo be good: whereas this is ajpra^e jipcQiififlent with* api^ in direA oppootiou to* 'tjie,^5^ and ckareB prmcipks rfibe Um t"— to tiioic feelings of lumanityt out of which man- kind will not be reafonedt when power advances with gigantic ilrides . threatening diflblution to a ftate — to thofe inherent though latenf powers offociety, which no climate Xf^ no titoe, no confiitutiont no contra^, can ever deftroy or diminilhy." A ' * This it a maxim of law, that-— << a bad vtfigt ought tobcaboliflicd." f Letter on general warrimts*— > X I Blackilone, p» 245. I £^4L DISTRIBUTION of JUSTICir, and FKSB BK- ^oyjilNT of PROPERTY, arc the ^rvtf/ obje^s of/metyi JfPNi'iiVcir HMt eiAoitMK ij[weaH tfnmlbit Iftiilte tcNMlly cdntrvdittonr t* hiiflliilitj «mI As 15 Ite tebhd lieMi a jpoii^'Of ifUgM^ t>b| t>«tf mrf^ dur bpfiiidii fo> fhilt if li 1%!^ vmM la paYlhttiMt, bdt ai a (bpMMlijgi^ Mture diver theft coldiiiet, bi^t as tbe #|y^M4 legiftature and full f^ijm^Mtiw df ttlfc |MMfl Aate« and the only judge between her and her diBdirbh In tMmctm ittterefts, #liid> the hiStitfte df tht baib/ in the brdgrefs ojf ih^ IhiirKK/ kditlltted. h has beiin u^ged with mki ^hts^Uc^ iigUffil us, itid feeihi to be (houghtthisir/t^'by btir^dvtfftitesi <' that k ^mrer bf feguli^tion is a power of leglfl^io^ lUid a ^kof 1egiilkti6d,lf coniUtiltioiiti^ l^tift ■^ . /b(B -ml no Hm ffiOdm^ Jlatkt9^ 6s h^tUUk^ ^ottld 4tltr ncn ftoOk teepiog tbtfi up^biimo^t m theii^ thdughts." Mr. Ihmii hift. cf^nfUmd, *( Tlie juHiili€Hoh of the ftar ehamber, mirtUd kw. ifflprifomn^nt by warrants from the privy counctl) wfA bth^ pra&ces of a like nature, though eftauijhtift fir ft' vtrul emturusy were fcarce ever allowed by the Ekglijk to ^Be parts of their conftitution: the affection of the NATION for liberty STILL PREVAILED OVER ALL IfRBCBfiltflf^ KN)> OVB'R all iN>BITICAL RBAt0^ll«O : The ex^ife of thefe powers, after being long the ibiiree of fiscret murmurs among the people, was, in fulQdsof time, folen^nly aboliflied, as illegal, at leaft as o;|^reffive, by the wh(4e legtflative authority/' id. To t1ie{e mftabces lihiyli ^Iddil, the hite pr^Hce hf j^n^rai wifnii^|li1(hac bid tbe Ikhaidii^Qir precedents, «Ven flnee th^ IteV#tidJi« lii iinliTwfiil ani^ funftoag in th0 utmofi tm^^tM pl||!lrf^ Qp t|ii8 6l^if&m Wf oWprvf^ | •|i44«l>if Wii to 4ttl in geiicrd WPBefi*l«|itJ 7b« (c^^m ind h * dur ichapce of fuccrft would be flrdit Indeed^ If ]^ inlng. Wlo 4dllful aad^Dpuntcout iitttcio of io(ii Mrkmh whp Imiv^ lanc i/eatnm on ftiblMei of imroninff. Wlo csq refift tlii peldi ? Have they not prfwdto the (atiffaetioo pf tho^ faMf, tlv^ non-extftence of matter-^tiB Jieedfity of buMaa aaienii— cottftqueQtly this iimoouicf aithgifpkj^ ff^l^ftfkk iftortidiiy 9C ihf ,W-r#5J.^ii]^ || i mojf-r fifje aj(i^li|)erty a non-eBtityrrchrjPif nviy m ipnmff •i— ai^d, with due deteftatioA be.it menpSflda^ that w» iiw^e th idta off«wtrf nor or any JBffM!iren4^iwed.wtth ai^ power, MVCH tift of tm endoweid itiO> iiifi»i^. Wp itkufk not meet them in the fliock of battle. THA«r W^k^ ^E MADNESS IN THE EXTREME. We ouift aialcetDeilBdl fl oar natural advantages. — Thtrevre arey^t and all the ibr^ that cair be brought to the aiTai^lt, wi^ nc^er. be able to prevail againft u;. To drop the ^leiajplior. •* In- quiry ceases to he rational, and ofi^omt hoikwhmi^^ and {Mtrnicious, wl^en it advances ?8 n^r as me late fifr thors have carded it, to controvert the firf miadfet'ef kn9wled£e, norality. religion, and. c■« • >ii^ibnfift8 in a confofea comprefieiyfioii swdbointar, entirely -^Hlind in their na«< iurk, iMhUitdkig to confequeiices direi^ry'' op- }>di^'|^^achd£er. There was a thne, -i^hen EmUM' hid no colonies.' Trade was the objtd 016" Attended to, in encouraging theni.' A4ove of freedom was niantfeilly the chief tnotive of the adventarers. The connexion of colohi^s with their parent (late may bie caHed'a new objed of xhtEnglifh laws. .That her right extinguifhes all their rights, — ^rights efiehtial\ to freedom, and which they would have enjoyed, by remaining in their parent ftate, is offenhve to reafon, humanity, and the conflitution of that ftate. Colonies could not have bee(;i planted on tbefe terms. What EngU/hman, but an ideot, would have become a colonift on theie conditions ? to mention no ixiore particulars, *« That every (hilling he gained, might rightfully be taken froni him •—trial by jupy abolished ^the building houfes, or making clothes wjtt^ the materials found or raiiedm tho colonies, prohibited — ^and armed m^n let oyer him to govern him in every ae&n?*' ■ • .: ^^'-^'^ Hap It has been afierted by (pme men diftinguifl^ed as htftwians,, that the zeal of the reformers in rdieion en- &0ng them to think liberally on that fubje£l, leathern to think, with li)fe freedon^ in civil affairs^ whereby the eovemmctfit of England received its greateft improvementf. If thefentiment is juft, may it not be inferred, that conr tempt foi: religion, muft necefTarily introduce an indifi ference for all the juft rules of government and the princir pies o( the coQftitution ? •c,''- * nsH n >»«3n . - ^ j^HaI^ thele ]:»covince8 iieyer bfien< S^^^40 4id^t the inhabitants of theoor Uiow 4l!#^ ^een born iaiEngiami,w^rG^wK,iii9ft,jiil^ moidd now enjoy the rights of .^j^n^i ^ihfltiis, they would be ifree m fbatjtvigjpm. ^We claim />! tife colonies thefe find no othf r eights. ?'/^rr no oth^r kingdom or Aate in- ^ttrfercs. But their trade, however impoirtiQt ^it may be, as the affairs of mankiiul . are cif^ ftumftanced, ; turns on other principles. ^1 the power of parliament cannot. regulate tiiat ' 2A their pleafure. It mufl be regulated iiot iby parliament alon^, but by treaties and al- 'hmct^f warned by the king without .th5 con- sent op THE NATION, vj^ith Other .ftates and kingdoms, ^^e freedom of a people confifts 4n being gwerned hy ktws, in which no altera- ^ioncan be made, without their cmfent, Xtt ^^|ie wholefome force of thefe law> is canfaied to the limits of their own country. That is, a fupreme legifiature to a people, which . ^^s internally ovtv that people, andiin9Vita^b]y.icn- .blies^r/&«tf/ aflent, reprefentfition, or flaver^, ^When an univerfal e^mpire is eftablifhed, and not till then, can regulations of trade property be called adts of fupreme Icgiflature. It feems from many authorities, ar if almoft the whole power of regulating the trade of £ffj-- /jW was originally vefled in the crown. One reflri^tion appears to have been, that no duty could be impofed without the con fen t of par- liament. Trade was little regarded by our warlike ancedors. As commerce became of P more t *» rw*" ^ '^iiy'ir importance, duties and fevcritiei ikcr4 «|ttdg4d neceflary additions to its firft£mf^e, Itate, parliament more and more interfered. ICht GOifilitution was always free, but not al- ways exactly in the fame manner. *' By the Feodal law, all navigable rivers and havens tyere computed among the regalia, and were fubje^ to the fovereign of the (late* And in England it hath always been held, that the king is lord of the whole ihore, and particu- larly is guardian of the ports and havens, which are the inlets and gates of the realm : and therefore, fo early as the reign of king John, we find (hips feized by the king's oS* cers, for putting in at a place that was not a legal port. Thefe legal ports were undoubt* edly at firft alTigned by the crown ; iince ta each of them a, court of portmoteis incident, the jurifdidtion of which mud flow from the royal authority. The erection of beacons, lighthou&s, and fea n^arks is alfo a branch of the royal prerogative. The king may injoin any man from going abroad, or command any man to return. The powers of eftabliihing public marts, regulating of weights and mea* lures, and the giving authority to, or making current, money, the medium of commerce^ be- long to the crown. By making peace or war, leagues and treaties, the king may open or flop trade as he pleafes. The admiralty courts are grounded on the neceflity of fupporting a jurifdidtion fo extenfive, though oppofite to the ufual dodrines of the common law. The laws .r^^ ' ■ ■ ■ 1 hmiciOlercnv9tvt made by RicAard the fifflj and are ftill ufed in thoie courts." Iflf t!^, <* Mare cau/um" are feveral regulations mad^ t>y kings *. Time forbids a more cxaift en- ' P 2 quiry ♦ The power of regulating trade was carried fo far by the crown, as fometimes to impofe duties; and queen Elizabttbohtzined feveral judgments in the exchequer oii fuch regulations. Lord chief juftice Coh anfwers the argu- ment founded on thefe — in 2 inft. 62, 63. Princes aimed at too much power— exceeded due bounds — their impru- dence produced ** grievances^' — and the people, who always fufFer when' their rulers are weak or wiclced, yrould no longer truft fuch opportunities of oppreffien in their hand. The power of imprejjlng feamen (hews the exten-o fitre authority in naval ajar rf trufled to ** the crown.** J Blackft, 419, Fofter's rep. 154. So extremely averfe were the Englijh to foragn affairs^ and to the exercUe even of parliamentary authority con- , cerning them,, that though the nation was juftly pro« voked againft the French king for the injury done to Ed' ward t\i^ iftby withholding jiequttaine and his other inhe- ritances in manner (as lord chief jufticc Coke o|>rerves in his 2d. inft. p. 532>} and by fome cruel actions of Frenchmen againft Engli/hmen, and had in full parliaqient granted him aids, fubfidies, for the maintenance of his wars, in foreign parts, yet in tne coxfirmationbs CHARTARUM, £d. ift. therein taking notice, ** that many men doubted, whether thefe grants by parliament might not turn iiifervage of them and their heirs, as prece^ dents^ exprefsly declares in thofe ftatutes, that fuch grants ^ ihall not be drawn into cuftom." The comment uys— <* it was holden that the fubjeds of the realm ought not to contribute to the maintenance of the king's wars out of the realm*— hnt this matter was never in quiet, until it was rnore particularlv explained by divers a6ts of parliament." The comment then mentions feveral ads declaring that no Englijhman fliould be bound to contribute to the king's wars out of England^ in Scotland, Gafcoigr^y Ireland^ Calais (though thefe three l/aji were countries dependent on 2 Englandji ■f-rj <-!"■*■ .A.f\-,'^ <|i}iy'ijito this point : but fiicli iti8 apjrfefc^d- ed wirfon enquiry be foiihd ■ to hatic b latiiig to foreign wars] ** is broken, and the crown pof- feffecTof a precedent, how -difficult a thing it is, to re- store the SUBJECT AGAIN TOHISFORMER FREEDOM H'KD* SAFETY.** 2 inft. 527— 529. The author of " the controverfy,*' who with a libe- rality of fentiment becoming a pleader againi^ freedom^ and the befl; intereft of mankind, counts ** ftatute books" — »< minifters"— " king's councir*-rpi 77, 78. — ** fcrapis of jdurnals" — —p. 81. and ordinances of «« th^ rump parliament"--p. 87. among^iV** DEITIES'* p. 78 } and grieves that we poor « inndiF* colonifts will not pay his i€K>ls the veneration his zealjudges due to them, has collected a good many fragments of proceedings in the Houfe of Commons from the year 1614 to 1620. The amount is this, that the minifters of the crown infifted, that parliament could not make laws for jlimrica\ that th6 commons doubted ; but at length in 1724, came to an opinion, that the king's patent for ** a mimpoly of iiihing on the coajls of America was a grievance" — that a <* J^fi/itf^FORFliTURE" againft thofe who interfered in the fiinery was void — and paft a bill *' for a free liberty cifijbing^** &c. It appears in the debates that the fifliery was free before the patent was granted. — Thefe extracts do not ihew what became of the bill in the Houfe of Lords* One Mr. i^tf^i^faidin 1621—** We may make laws here for Firginia, for if the ting gives confent to this bill paft here and by the lords, this will contrbul the patent." It feems, as if the notion of the king's regulating power ftill prevailed, but, that «* a claufe of /or^iVwr*" in fuch . regulations was void. So r*.uch had the power of par- liament grown fince king John^i reign. Nor does it ap- pear to have been unreafonable, as commerce became of inore. confequence. The inftance here mentioned, re- lated i'^tkKtfEm, that the' pdwtr 6f tt^\ititi§ trade is v,efore they were mnbants. Whether /if)^v^lU continue free^ the^^ themfihes muft determine. How tbey jh^ll trade * muft be de^ termined by Germans^ French, Spaniards, lia^ Hans, Turks, Moors, &c. The right of acqui- Hng property depends on the rights of tf/z^^^.i the right of >ir^2/ir^^ property, folely on the owner. The pofTefTor is no owner without it* " Almoft every leaf and page of all the volundesof the common Jaw prove this right of property *." Why fhould this right be facred in Great Britain, " the chief corner ilone" in the folid foundation of her conftit! tution, and an empty name in her colonies ? The lamb th^t prefunded to drink in thej^;!^^: ^r^^m with a ftronger animal, though lower down the current, could not refute the charge of incommoding the latter, by diilurbing the iwater. Such power have reafons that appear defpicable and deteftable at firfl when they arc properly enforced. From this very principle arofe her power ; and can that power now hejufify exerted, in Ji(f/r^o« of /i&tf/ principle? It cannot, Therc- fpre, their own, called the law merchant or iex merealma, which all nations agree in and take notice of. And in particular it is held to w part of the law of England^ which decides the caufes of merchants by the general rules which obtain in all commercial countries } and that often even in matters relating to domeftic trade, as for inftance with regard to, the drawine, the acceptance, and the transfer of mland. bills of exchange." fParlia. hift. )ear arc fer; i» in tpre, rhicb :ular the In in Itters jrd to |lan4 [ .r9 1 foffr, & power * of ; regulating cfur (iradr in^ yolves not io it the idea of fupreme legiflaturc over * This diftin^ion between a fupreme legiflature aa4 a power of reeulating trade, is not a ne# oat. We iin4 it clearly made, by the iudget of Enrland^ jkt ' a period^ when the modern profitable mode of blehdilie together in parliament the authorities of die crown jUid people, had not extinguiflied all reverence for tht prihdples of th« conilitutiohk By the ftatute of the id of Himj 6th ch. 4th Calais wai cbnnrmed a ftaple place for the wool exported from Btigr landy Wples znd Ireland. Some wool ihipped from thk laft kingdom, was consigned to 5/ufV< in Fumders, Thp /bip by ncefs of weather was forced into Calais t where tb^ w^l,w>s i^izcd as forfeited. The chief queftion in the exchequer chamber was, whether the ftatute bound ireldn4. in Rich. 3, j 2, the cafe is thus reported ** £t ibi quoad ad primam queftionem dicebant, quod terra. mbtrnia inter (e habet parliammtum & omnimodo curias proxit jiiiglia, & per idem, parliamentum faciunt leges &' mutant Ifeges, & kon obligantur per statota in AKGLIA, quia NON HIC HABENT MILITES PARLIA- MENT!} fed hoc intelligitur de terris per rebus in TBRRIS TANTUM EFFICIBND; fed PERSONJE EORUM SUNT SUBJECT! REGIS, et tanquam fubjefU erunt obli- gati ad aliquam rem extra terram illam facien- DAM contra ftatutum, ficut habitantes in Caliefia, Gafcog' niat Guien^ &c. dum fuere fubje£li } ic obedientes erunt sub APMIRALITATE Anglic DB RE FACTA SUPER AL- TUM MARE ; ttjifhtliter breve deerrore deiudiciis rcddi- tis in Hibernia in banco regis hie in Anglia, Brooke^ lord chief juftice of the common pleas, men- tions the cnfe almofl: in the fame words, title parliament qS*— but fays — ** the chief juftice was of opinion, that the ftatutes of England (hall bind Ireland^ which was in a manner agreed by the other juftices ; and yet it was denied the former day : Yet note, that Ireland is a re^m of itfelf, and has a parliament in it/elf" Here it may be obferved, Jir/l, that the reafon affigned by the judges, why the ftatutes of England hind not the people ovier iiii. The firft is a pow'er of a piiefenrtng ^' prot«fting^" qature. -The lail» as apriaed to JSfiikpul at t9 tbmgt'ifiki im'tht . contains acon- of the of^er jujftices, fuch as it was, <* redden^oTin^tila ^jnilis^ & tecunduih fubj^^^am matenam," prov^ it oidft, only /|hat7r//«ii^ was hounS fyJIatHtii riir^la^ iBtif' trtuby for fuch was, the 2 Hmry 6jeh ch; Ith ^n udig;'i;ndnt* fliou^ bnljr o^ a fta^u^s of regulation, for tlit tetStm of ftn^h weight with an EngliAfmm-^** becaufe/r^ZsiM/isarealm of itfelf and has a parliament within itfelf.'' FmfyyVAt the authority of thf crown^ including the regulation of ^e'trade of triianJ, and fending writs bf'iprroftliere, vivK fuAcient reftraints, tofecure the obedience and fiiB- ordinatioh of ^at kingdom. This reafon Teems to hAve held its ground, till lord chief ]\i(iicc Coit*s time ; aiid thou^-a'great reverence. is. entertained for his ihembry, yet It caYi never be acknowledged, that an **'»6itir iBslum** of his, or of any other man, is a rule of law. In Ctf/viVs cafe, the chiefjufticefeciting the foregoing caft, fays, ** Htlimla habet parliamentum, & faciuht leges, & noftra ftatuta non legant eos,'qyiA hon mittunt tnill- tes ad parliamentum (which ** adds he,'^ istobeiMM^- ^09d^ uhlefs th^ be ejpecialiy nametU) And does the *< especially naming them" g'ive them a reprefentation, or remove the injumce of binding them without it } This obfervation in plain Englifh would run thus : ** Our ftatutes do not bind the people of Ireland^ when we do rut /»/«}»/ to bind them, because, they are not reprefented in our parliament; but our ftatutes bind them, when vreitttead to bind them." What is this but ^ faying— ''that to fpaak of their not being reprefented, Is a mere jargon} jargon } . [ "I ] to America, is fuch a power as Mr. JuAico JBiackftone defcribes in thefe words» <* whofe (^ • enor- { 'argon ^ and the fole point is, whether it is our tuitt to liiKJ them"-— or in other words— ** that our ftatutes do not bind them, for a reafon as ftrong as man can give^ and fo acknowledged by us to be, which yet is no reafon at all : for, where there is no occafion for its operation, it applies not; and where there is occafion, it is of no force." His Lordfliip had juft before taken notice that *< a writ of trror did lie in the king's bench of England of an erroneous judgment in the king's bench of /r#- Jandi" and perhaps that led him in the courfe of his ar- gument to imagine, there might be a like pre-eminence of the parliament of England over that of Inland. That this was his reafon feems certain, becaufe at a meeting of commiffioners to conftder of a projen to the counfel of the queen, and it was held by ff^rajt, Dier, and GerrartUi attorney general, he could not, becaufe he was a fubleft of IrtmdnnA net of Engymdt and if tried in England^ he could not be tried bj his peers/' t>ttr^ 360. Afterwards, to gratify t'>e ^ueenHf lefentmejit againft fon^e rebels, they w;ere triea m Et^" lani\ and thus paffion and complaiumce made v^i-y good law againft reafoo and juftice. Having mentioned Calvm^s cafe, it may not be im« projper to obferve, that if the author of <^ the contro- ▼erfy" had taken the trouble of reading it, he might have found his perplexities removed on the qyeftion that has given him fo much anxiety, and brought fuch a load of reproaches on the colonies. He is provoked at our in- folence for pretending to be any thing more than aUtH$ in Efiglarui, while we deny the power of parliament to bind us *' in all cafes whatever." In that c^fe, the gentle- man would have difcovered, that the judges dif En^kmd held, that a man born in Scotland^ uttatr ihe aU^iante Irenes if juft, tlttt adthsr tl)er Mr the chUf juftict mcadt Aidi a f«w«r« tefirft 19 >#r,*' or ruUitiiig IS com* eclaring daiyn a (• in ali dedara- wemajT Bii made KnglMd n queen mdy mo- [id it was leral, he id net of t tried by i ^ueen t m Ettg' (BKy good ; be im« contro- le might Uon that :h a load It our in- 1 aUtM in t to bind ; gende- En^Umd egiofue of of E^g' born in England ere, who rib of the argu- fatre the in* [ 1*3 1 i» ft poorer fabjeft to a conftitnCioDal check. Chrtat Britain cannot injure us by taking away our commerce without hurting herfcif imme^ diatefy. The laft is a power without check or Hmit. She might ruin us by it. The in- jury thereby to herfcif might be remote as to be defpifed by her. The power of regulation was the only band that could have held us together ; formed on one of thefe ** original contra^s/' — which only can be a foundation of jbfl authority. ^ Without fuch a band, our general commerce yir'uhjbreign nations, might have been injuria ous and deflrudive to her. Reafon and duty rejeA fuch a licence. This our duty refem«* bles that of children to a parent. The parent has a power over them : but they hav&rights, what the parent cannot take away. Heaven grant that our mother country may regard us as her children, that if, by the difpenfation of Providence, the time fhall come, when her Q^ power ^gument. The great difficulty being got over, if the gentleman will go a ftep farther, and perceive fomo Uttle diftin£lion between colonies proceeding out of t;he loins of England, and the ** conquered* countries of Irt' tand and ^/fj,^ the countries oi Gafcoigny, Guunne, and Calais, " unitidbj mutual pdEi to Jbingland," and the iflands oiGutrnfeyy Sec. ** lying within thfourfeas, whofi fwereigns annexed them to England :" and ^ill only allow the colonifis a Uttle more regard tha^ \%profeJl in lavi^ books for thofe countries, and about as much as has been aSluatfy objirv^ towards them by parliament, he will have no further occafion to fay levere things of thofe who are willing to edeem him } and then, if he can perfuade hi? Worthy countrymen to adopt his fentiments, their anger wiU no longer give pain to thofe who almoft adore thein. ■ ■ it % I «/ ] power increafes the memory of former kind** ntffeSf. may fupply its decays, and her colo* nies, like dutiful children, may ferve and guard their aged parent, for ever revering the arms that held them in their infancy, and the breads that fupported their lives, while they were little ones. It feems, as if the power of regulation might not inaptly be compared to the prero-* gative of making peace, war, treaties, or alli- ances, whereby " tJbe whole * nation are bound AGAINST THEIR CONSENT :" and yet the prerogative by no means implies a fupreme legijlature. The language held in " the Com- mentaries" on this point is very remarkable. f* With regard to foreign concerns the king is the delegate or reprefentative of the people ; and in him, as in a center^ all the rays of his people are united "f*; and the sove-* reign power quoad hoc is veiled in his per- fon J." Will any Englijhman fay thefe ex- preffions are defcriptive of the king's autho- rity, within the realm ? *• Is the sovei reign power within that vefted in his per- fon ? He is ftiled *^ fovereign* indeed; " his realm \t declared by many a£ts of parliament an empire, and his crown imperial." But do thefe fplendid appellations, the higheft known in Europe, fignify, that '* fovereign power is vefted in his perfon within the realm ?" We have a full anfwerin the Commentaries. ** The tneanin^ of the legiflature, when it ufes thefe terms f I BJackft, 252, 257. t Fol. 252. % Fol. 257, [ m 1 ttttAt oi empire and imperial, aoci ei^Jles thcnl to the realm and crown of Englana, is cnfy to 'tfl*ert, that our king is equally fivereign and independent within tnefe nis dominions i and ewes no kind offubje^ionto any potentate upon earth. Thus we maintain* that with regard to FOREIGN. AFFAIRS, the parent original ftate " is the delegate or reprefentative" of the entire dominions, *' the fovereign power qjtoad HOC is veiled" in her. Her ads under thit power « irrevocably bind the whole nation.'* 6ut yet this power by no means implies tfj/ir- preme legijlature. The exercife of this power by flatutesvfM abfolutely neceffaryj becaufe it was, and could only be lodged, as the laws of the parentftate ftand in the fupreme legiflature of that ftate, confiding of king, lords, and commons ; and fiatutei are the modes by which thefe united fentiments and refolutioi. ^ are expreft. It is univerfally acknowledged in Great Britain, that it infers ho power of taxation in king and lords, that their limited authority is ufed in cloathing, gifts and grants of the commons with x\it forms of law— lor does it mitt fupreme le- gijlature avtv - , at the /rW/^^ authority of king, lords, i ^ commons is ufed in cloath- ing regulations oj trade with tlie form of lOw* The commons joining in the law, is not ma- terial. The difference is only in the mode of affent. Theirs is exprefs^ ours is implied^ as the aflent of the " whole nation" is, in the proceeding inilances, *^ ^ This < I lb I \ r »»* J This power of reguktioii appears fo us to have been pure in its principle, iimple in its operatioo» and falatary in its effeds. But for fome tii^ ft£L we have obTerved, with pain, that it hath been turned to other porpo^s, than it was or^j^ally defigned for, and re- taining its title, hadi become an ebf^ne of in* tolen£le oppreffions and grievous t^ations. The arguodent of an eminent judge Hates the point in a fimtlar cafe flrongly for us, in thefe words*—" Though it be granted, that the kii^ hath the cufiody of th& Jbavens and forts of this idsrnd, being the very gates of this kingdonv and is trtj/ied with the keys of thefe gsiks^ jet the' inferen^ and argument ther&- upon made, I utterly deny. For in it fhere 18. amtatiff bypoibefo, ^viA z tranfitim from » thing of one nature to amtheri as xh^^emifes ace of a power onfy fiduciary^ and in fouit rf truji and government f 9xA^^concJu^n infers 9i right n imertfi and gam* Admit die king has ctffmdiam portuum, yet he hath but the tufoi^t which is a trtifi and not dominium utik. He iiath power to open and Jbut, upon con* . SISERA.T10N OF PUBLIC GOOD TOTHK PEO- PLE AM D s T AT E, but oot to> make gain and ^ ne/khy it: the one is protection, the ^/^^r is expilationJ' By common law the king may reftrain a fubjed from going abroad^ or enjoin him by his chancdlor from proceeding at law : Bui to conclude^ that he may //&^£jfare take money, not to reftrain or not to enjoin, is TO sell government, TRUST, AND COM* ic^ir justice*. * Rights of the people, as to impofitioiiti T H E E N D. BOOKS printed f6r J. Almon, oppofite , Burlington Houfe, in PkcadUly, I. jfL Collection of Tracts on the SubjeAi of /^ taxine the Britijh Colonies in Jmmca^ and re- fulatii^ their Trade. Four Volumes o^avo, one Guinea alf bound and lettered. 2. A Collection of. Interesting Political Tracts, oublifhed in London, during the laft ten Years, on the moft*1lniportant Subjeds. Eight Volumes aGtiMO^ two Guineas half bound and lettered. 3. Collection of Interesting Letters from the Public Papers, particularly including thofe written on the feveral Changes of Adminiftration, the Taxation of the Colonies, &c. from the Acceflton of the prefent King to the End of 1768. Two Volumes, o£fcavo. ids. td* 4. Miscellaneous and Poetical" Tracts. Two Volumes Quarto, iisn C^* It is an Obfervation in Kennet's Regifter, which Lord Somers has taken for his Motto, to his Colle^ion of Trafts, »' That the Bent and Genius of the Age « is beft known in a free Country, by the Pamphlets " and Papers which daily come out. , ^. The Papers laid before the Houfe of Commons' re- lative to the Eaft India Company, Falkland's Ifland, and ^^the Expedition againft the Caribbs. Quarto, 6s. ' ■ 6. A Collection of all the Treaties of Com- merce, Peace, and Alliance, between Great EfHtain and other Powers, from the Revolution in 1688 to the prefent Time. Two Vols. Oftavo, 12s. 7. Letters concerning the present state of Eng- l