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Maps, platas, charts, ate, may ba filmad at diffarant raduction ratios. Thoaa too larga to ba antiraly Included in ona axpoaura ara filmad baginning in tha uppar iaft hand cornar, laft to right and top to bottom, aa many framaa aa required. The following diagrams illuatrate the method: Lea cartea, planches, tableaux, etc., peuvent Atre fiimAa A das taux da rAduction diff Arents. Lorsque le document est trop grand pour Atre raproduit en un aaui cllchA. ii eat fllmA A partir da Tangle supArleur gauche, de gauche A droite, et de haut en baa, an prenant le nombre d'imagea nAcessalra. Lea diagrammes suivants illustrent le mAthode. 1 2 3 1 2 3 4 5 6 'ill' ' ■ ■mt-md r-^ A N ANSWER, &c. A Late pamphlet, under the tide of Ob* fervations on the Nature of Civil Liber- ty, &c. has been greatly applauded \ and, as we are informed, has gone through fix edi' tions in' lefs than fix weeks, and the author has been honoured with the freedom of the city of London. The reputation of Dr. Price, as a man of ingenuity and learning, increafes that eclat to the book^ which the fpirit of party would have raifed, had the author been unknown. The fame fentiments, (lyle, or mode of expreffion, appeared about two years ago, in another pamphlet, with the title of American Independence \ but that being anonymous, had lefs notice taken of it. Both have the mod diredt tendency to feparate for ever the kingdom from the plantations, not B merely ( » ) merefy to break the union, as being all one community and ftate, but to render defperatc an alliance as feparate ftaccs. The principles laid down will not admit of the fubjeftion of the plantations to the fame fupreme authority with the kingdom ^ fuch an authority is the only bond by which it is pofTible for them to be held together as one (late. The light in which all the meafures of Government, for many years pad have been fcr, and the reprc- fetitations made of the wnked motives which have influenced the King, the Miniftry, and the Parliament, to engage in fuch meafures, muft tend to alienate the affedions of the plan- tations, and to caufe them to prefer an alli- ance with any other power in Europe, rather than with us. Some of the Americans, who know that it is the mutual interefl, both of the kingdom and plantations, to remain under one authority, have flattered themfelves that a way may be found for Parliament to retain its general fu- premacy, and the people in the plantations^ neverthelefs, to reft aflfured, that they fhall enjoy fuch a degree of fubordinate legiflation,. as will be fatisfaflory to them» and difpofe them g all one defpcratc principles cdlion of authority ty is the tbcm to light in lent, for he reprc- res which ftry, and neafures^ the plan- ar an alli- pc, rather ^ that n i;dom and iuthority, ' may be :neral fu- tntations^ liey ihall giflation,. I difpofc them ( 3 ) them to wifh to return to a peaceable (late of government and order. But Dodtor Price would perfuade thefe Americans, that they are members of diftindt communities and (lates; that Parliament can have no claim xo authori- ty over them in any cafe whacToever i and that a country fubjed to the legiOature of another country is In a date of flavery } and that any ce/Tions or compacts to yield to any extraneous jurifdidlion a power of legiQation, would be contrary to the rights of human nature. I wifh above all things to fee the planta- tions reftored to that happy dare, which they had been in for many years before thefe trou- bles began. The removal of thofe obdruc- tions which this author has laid in the way, is my fole inducement to the following re- marks; I will, therefore, pafs over thofe parts of his work which are foreign from my purpofe. His definitions of phyfical and moral liberty, I leave to fpeculative men, I will not con- tend with him, upon his definition of religious liberty \ for I think all men have a right to exercife, without moledation, that mode of religion they think bed} provided, he will B 2 give i ( 4 ) give me leave to add, that it be done witho vt detriment to the ftate. 1 will conBne myfelf to civil liberty, and his application of it to the cafe of the king- dom and the plantations. His fyftem may, I think, be brought withr in a fmall compafs, and is no more than this-r- Civil liberty cannot be enjoyed under any governmenr, unlcfs the individuals which conftiiute fuch government, may be admitted to an immediate participation in the powers of legiflation and govcrnmcnt.-r-Where the iUte is fmall, every one may partake in per- fon. — Where it is large, every one may par- take oy giving his voice in the delegation of thofe powers to a reprefentative ^ but the truft delegated mud be for a (hort term only i the delegates mud be chofen by the unbiajfe4v oka of a majority of the individuals *, they muft be fubjedl: to fuch limitations and reftridlbions as may be judged neceflary, and to fuch farther inftrudtions as^ during the continuance of the truft, may be giyen by their copltituents. No community can have legiHative power over the property, or legiflation of another community which is not incorporated with le witho lit ercy, and the king- iht mthr an this-r- fidcr anjr s which admitted e power$ here the 5 in pcr- may par- ation of the truft ilyj the ft/ voices mull be ^ions as I farther e q{ the Its. ; power another d with ( 5 ) it by a juft and adequate reprefentation i and A ceflion or compad to the contrary would either not bind at all, or bind only the indivi- duals who made ir. The plantations are feparate and diftinA communities, the legiflative power of the kingdom cannot, therefore, bind the people in the plantations. Precedents, (latutes, and ancient charters^ chough the arguments drawn from them in favour of the plantations may greatly out- weigh thofe againft them, are not to come •into confideration j the queftion with liberal inquirers ought to be, what jurifdidlion over them reafon, equity, and the rights of huma- nity give. A government fornned upon this fy Item is iaid to be free — the creature of ibe people every man is his own legiQator— taxes are free gifts— laws are cftabliftied by common con* fent, magiftrates are deputies, &c.* — fuch a ^ate will ht felf-governed -f— every ftate that is Aot fo governed is in Jlavery J. ■f P. 6. t P. 9. I P. II. Upon ■*3~-%.^"*"'~-^''' ( 6 ) Upon thcfc principles of civil liberty, the author profeflcs to inquire into the war with America. Firft, In refpeft cf juftice. adly. In refpeft of the principles of the conftitution. 3dly. In refpeft of policy. 4thly. In refpeA of the honour of the king- dom. Laftly, In refpeiEl of the probability of fuc- ceedingi and concludes with a plan of recon- ciliation. After reading this plan, or model of govern- ment, every perfon will naturally be led to confider, whether there is any fuch govern- ment now exifting in the world. If he finds none, he will as naturally look for the reafon why there is none. One will immediately oc- cur to him—there is not that degree of virtue in the individuals of any of the prefent com- munities in the world, which is eflentially re- quilite to the forming fuch a fyftem. Fadions will be raifed, contefts will enfue, bribery and corruption, force and violence, and every jj.ndue influence which can be conceived of, will .t«a,' „tJ. ■• 'm\ .1 ■ !' I !uili_ i^jj^^eiSfe^'. ... ( 7 ) will invade private liberty % reprefentatrves can- not be chofen by the unbiajfed voices of a. majority of the ftate ; and it would perhaps be ** better to be governed by the will of one man, than by a reprefentation To iniquitoufly , conftituted ^." But this is not all ; men in a ftate of nature muft have a natural right to chufe what form of government they pleafe ; and, according to Doftor Price, << government is an inftitution for the benefit of the people governed, which they mzymodifX as tbeypleaff\.** , Thoie communities whofe form, or model, haa approached the neareft to that which he pro- nounces perfect, have found by experience, thatbodies of men prove the moft unrelenting of all tyrants t ; nor has the limited time of their duration been any reftraint ; it has rather been the means of a more zealous improve- ment of an opportunity, which would foon be paft. Republican tyranny is intolerable \ other powers break out as checks, or reftraints, upon a mere democratical power} or the people will perhaps fubmit to the government of a iingle perfon, or of a few, to avoid the P. II. + P. 12. X P. 29. ' evils i i ; ii ( * ) evils which they felt under that of manyi and we have no inftance of any government of a long duration, in a pure democratic ftate< Virtue is the principle of a democracy, as well after it is formed, as in the formation of i^. Where this is wanting, no form is more oppreflive. The powers of government raif- ed by fadion indulge and favour the fide or party to which they owe their exigence i and the contrary party is tyrannized over and opprefled. In what other governments have fo many of the greateft, the beft friends and fervants of their country, been unjuftly deprived of their cftates, liberties, and lives, as in the commonwealths of ancient Greece ? Under what other form of government could fo execrable a law have been devifed, as that which made banifhment the reward of virtue, and furnilhed means to envious and malicious men for difplacing fuch as had deferved bed from the people, to make way for their own advancement? The prefervation of ii^er/j was the pretence for difcouraging virtue. What is it then which would recommend this model of government beyond all others, pro- vided it could be pradifed in its greateft per- fcdlion ? ji; I ( 9 ) feftion ? The anfwer is — Under this govcrna menc men enjoy civil liberty in the greateft de- gree which a ftate of government will admit } and under all other they are errant (laves. Let us then examine the fyftem, and feti what this liberty is, and whether it be of fuch importance ^nd of fuch nature, that man can never alienate it ; and whether, for the fake of maintainitig it, all the governments upon earth ought to be dilTolved^ A ftate^ in which evety individual can givei his fuffrage^ muft be fo fmall as to render it, if not nominally, really, dependent upon fome other great arid powerful ftate } or if we could fuppofe the prefent great ftates to be multiplied into fuch fmall perfedly democratical ftates^ men might as well have remained in a ftate of nature } eternal war and confufion muft be the confequencci I will however juft attempt the idea of a ftate^ which is to enjoy liberty in this perfefb degree. I look upon London as the firft city in Eu* rope. The livery of London are a feled, pri- vileged, honourable body^ The freedom of the city has always been deemed an honour^ as well as a privilege. The livery confifts of C fevco n I \' C lo ) feveit or eight thoufand men, a decent num^ ber for a democracy) and we may fup*" pofe them, at leaft, equal in virtue to the com' mon run of mankind i and that the laft aifem- bly for the eleftion )f a Chamberlain did not materially differ from their afTcmblies in gene« ral. I will then imagine the livery eonftitutedf into a feparate diftin^t republic, or perfedt de- mocracy, and that I am at liberty to chufe x form of government to live under j I certainly Ihould prefer the deipotifm of the moil abfo- lute monarchy, to the liberty of this perfedlly' /rftf democracy. But fuch perfect democracies being utterly impoflible, 1 will confidcr in the utmoft extenfi the liberty which each individual can enjoy from his being a member of a lei's perfect ftate;. in which, however, the author fuppofes that every right of human nature may be fecured. In all forms of government, fo long as the powers exift, the degree of power is the fame a in all, alike abfolute. If we fuppofe a demo- cracy without laws, the democratic authority will be juft as abfolute as in a monarchy* The- firft is molt to be dreaded. Jf we fuppofe. both to be governed by laws, the degree of reftraint depends upon the laws, not the form of ( " ) of government. In both forms alfo the judt«< ciary powers muft alike be fqle judges of the laws, not individuals, for this would be con- trary to the nature of government. What re* medjr then have individuals againft oppreffion and tyranny? There can be none but this) the people in every government, when the op* prefiion and tyranhy of rulers can be no longer borne, will break loofe, rife, put an end to the old attthority and powers, and new will be cftabliflied in the ftead of the old. In our own mixed form of government there were repeated inftancesof this fort in the laft century. The like ioftances happen in the moft defpotic go» vernments. But in a democracy, it ts faid, this power re- turns at certain periods into the hands of the people ; and, if they do not approve of the ru- lers laft eleded, they may then, without any convulfion, chufe others iniheir (lead. This is faid to be the chara^eriftic of a frte ftate ^ ftill, the moment the government is formed, I am no more free than if it had continued aa ic was before the new eledlion ; the laws are no more of a^ making, the taxes of avy giving, nor .Ca can if- i i ( 12 ) can I with greater propriety be faid to htfilfi: governed, than if I had no (hare in ele^ion. A King may be elective, as in Poland, every in- dividual may have a voice, and the major vot have read rom report > fuch thing in all go- is freedom of govern- i CO be as racy or de- iment corn- ier fimply. )n its being by men • i" ce between r a junto of yfive huf^- or two of ce, is alto^ to fay I am eftablifhed idlive, be- lent of the where there d no voice I ( 19 ) in foch appointment % and yet in the latter cafe I am faid to be a flavi^ and in the other a member of a f^Atc felf'governed *. But all governments which have known eftablifhed laws, cannot be faid to be equally free. When laws, laying greater reftraint than is necelTary to anfwer the end of government, are multiplied, this is my idea of what Dr. Price calls "governing too muchf :" and where there are laws fufficient to anfwer this end and no more, and fuch laws are impartially executed, this is the higheft idea I can have of the liberty in a ftate of government i and whilft a govern- ment continues to enjoy it, it is immaterial what the form is, or by what name you call it. But how great this reftraint (hall be, mud de- pend upon the wifdom of the legidators, and the circumftances of the (late. There is a cer- tain degree of redraint necelTary to the very being of government; tbfi individuals which con- ftitute it ought not to be at liberty, byfpeaking^ vpriting^ or in any other way whatfoever, to effe£l, or evfn to at tempt , thefubverfion and dijfolution of •?. 4. t P. 5«. IB D2 I will '.i^' ( M J I will ROW confider how far the cafe of t community, or fttte, differs from that of an individual ; and here it will be proper to take a view of the democratical part of the Engli(h government. That of the republic 1 have alrea- dy imagined, and of all others, comes withia the reafon of it. Each reprefentative, as foon as the body, of which he ^is one member, is fo-med, is the rcprefentativc of the whole king- dom i and no more fo of that particular part of it, which eleded him, than of any other. It is cne great end of forming an authority confift- ing of fo great a number, rather than of a few, or of one, that each may impart his fentim^nts to the reft in a free debate, that fo the common- wealth may have the benefit of the joint wif- dom of fo many of its :ifeft men, feleded from the whole community, Inftrufbions from electors to the reprefentatives would therefore be repugnant to this principle of the conftitu- tion, an innovation, and they ought to have no influence any farther than, from the reafon of them, they may fcrvc to convince. If wc fbppofe any particular part of the kingdom to have had no (hare in eledion, every member, potwithftanding, confidcrs this part to ttand related ;'^: ifTfeo^i"-*- >• i ■ cafe of « lat of an sr to take e Englifli ave alrea- es wjthia » as foon mber, is Die king- r part of r. It is confill- >f a few, nim^nts smmon- int wir- ed from s from icrefore 3nftitu» have rcafon If wc iom to rmbcr, ftand Tiatcd ( 21 } related to him in juft the fame manner as th^ reft of the kingdom, and the whole to have one common intereft. When 1 view the con- ilitution in this light, if I was to purchafe an cftate in the kingdom^ I would not give a farthing more for it, becaufe two of th<: mem- bers of Pfirliamcnt were elected by the inha- bitants of the town where it lies, than if thofc inhabitants had no (hare in eleAion. • Bur, Dr. Price fays, the kingdom is one comniuniiy or date, and the plantations an- other. I'his i& begging the queftion, or tak- ing for granted what cannot be admitted. When the term community, is ufed to fignify a ftate, it is relative to the body of the people which make the ftate. London and York are two diETerent communities, when we take in- to oiir idea place as well as people, but merely to the purpofe of forming a ftate they are one community. It is juft the f^me with Qrtit Bricain and Virginia, or any other of the colonics } and I am not able to fee why the fupreme authority of the whole dominion may not conncN>r the plantations as one common intereft with tlie reft ot the dominion, as well j»s London and Yorkk . Newfoundland is one r V . . iflund, ''4' ( " ) ifland, and Britain another : This plantation is feparated from the kingdom by the ocean, as well as the reft, but not (o far diftanc : Ic has nolegiflature within itfelf ; the inhabitants, however, are more numerous than in fome of the other fmall plantations. I cannot con* ceive, that the people of Newfoundland are deprived, in a greater degree, of their na- tural righr, by being fubjedbed to the authori- ty of Parliament, than they would have been if they had happened to remove to the Ifle of Man, inftead of Newfoundland. If the plan- tation at Newfoundland may be conHdered in this light, why not that at Nova Scotia, which is but a little farther, and the plantations in New England, which are only a little farther than Nova Stotia ? If it be faid, Nova Scotia and New England have legidatures of their own, fo has London and York, and they are fubje^ to Parliament as well as Birmingham, \^hich has no legiflature. But Dr. Price having, by his own authority, made every plantation a feparate ftate, fays, *• that be- tween one ilate and another, there is none of that fellow-feeling that takes place between perfons in private life *." I fay, that the king- • P. 19. dom ( 23 ) dom and the plantations are all em ftate, and have all that fellow-feeling which fcllow-fub- jedts have in any other ftate. He fays, that *' being detached bodies, that never fee one another, and refiding perhaps in different parts of the globe, thw ftate that governs can- not be a witnefs to the fufFerings occafioncd by its oppreiTions, or a competent judge of the circumftances and abilities of the people who are governed *." I fay, that the kingdom and plantations remain one body ; that the members have conftant intercourfe one with another ; that the inhabitants of the kingdoqri go to the plantations, and become members of the fubordinate legiQatures and inferior cor- porations there i that the inhabitants of the plantations come to England, are elected members of the fupreme Icgiflature here, ftic- riffs, aldermen, and mayors of the corpora- tions; that the ftate can very eafily 1 ivr when any fufterings are occafioned by oppref- fion, and can be as competent a judge of the abilities and circumftances of the people in the plantations as of thofe in Scotland. The Doclor fays, " they muft alfo have, in a great degree. ( H ) idegref, feparate interefts>' and the more t^ one is loaded, the more the other may be cafed *.'* The fame may be faid of the differ^ ent parts of the kingdom, and there is no more danger of partiality and injuftice to the plantations, than to any other part of the whole dominion. But, as the whole force of what he fays upon this fubjed depends upon the fame hypotheiis, two fiatts^ I will follow him no farther. It is a fufficient anfwer to him to aflert, that the plantations are not fepa- rate ftates, feeing he gives us nothing but his own aflertio;: to prove that they are. But, before I finiih, I (hall have oceaHon to (hew from precedents, ftatutes^ and charters, thK the kingdom and its plantations are all one ftate. When he comes to inquire i**(;o the war with the Americans, all the force of his reafoning ftill depends upon the fame hypothefis, that all government without reprefentation is op- prelfive and tyrannical, and that the kingdom and the plantations are feparate and diftin^ governments, or ftates. The idea of the lat- ter is very artfully preferred in the mind of • P. ao. the C *5 ) the reader^ and the appearance of proof to fupporc it, is frequently brought from prece- dents, ftatutes, and charters, which he had profefTed to throw out of the queftion. In inquiring into the juftice of the war, he obferves, that it is a war between " tke ktfig- dom and the plantations ;'* whereas, it is be- tween the fupreme authority of the dominions, and fuch of the plantations as had revolted from it. Cade*s rebellion might as properly have been faid to be between the kingdom and Kent, or Ket's between the kingdom and Norfolk.——** We call them our colo- nies *,*'—«« think of them as in a date offubordination to «jf ;" " the mcaneft perfon among lu is difpofed to look upon him- felf as having a body of fubjcds in America, and to be offended at the denial of his right to make laws foi them J." This is all futile, or fomething worfe. — — When they are call- ed our colonies, no more is intended than we intend when we fay London is our capital. When any body thinks of the fiibordination of the legiflatures in the plantations, he con- P. 31. t p. 3^. t Ibid. £ ceives / .( 26 ) ceives of them, as of the legi natures of London or York, all fubordinate, not to us, but to the fupreme legiHature. Thefe, and others like them, which I pafs over, are mere inadcu- racies, of which, I dare fay, the Dofkor him- felf, the champion for American independ- ence, has often been guilty as well as others. I do not believe that any perfon in England, thinks he has a body of fubjeAs in America, or In Ireland, or a right to make laws for them. The ftrongeft oppofers of the independence of America, have always admitted, that the people of Britain, of Ireland, of America, and every other part of the dominions, are fubjedt to the fupremacy of the British Parliament, and intitled to every liberty and privilege of the conftitution, as far as their rcfpedtive local circumftances will admit; but they do not pretend, that any one part of the dominions has apy authority over another. 1 have, I own, lamented thefe inaccuracies, have feen the ufe which has been made of them to alie- nate the afTe^lions of our American brethren, and fellow- fubjefts ; and I fear the Doflor intended to make the fame ufe of them in his book. ( 27 ) book. I will not trouble the. reader with the enumeration of all the reft of them, as the ob- fe ■ t n % \3 ( 40 ) tution there." They have chartered govern- mfnts of their own,wkh which they are pleafed, and which, if any power on earth may change without their confent, that power may likewife, if it think proper, deliver them over to the Grand Seignor. Suppofe the colonies . of France and Spain had, by compacts, enjoyed for near a century and a hsiUfree governments, ctett to all the world, and under which they had grown and flourifhcd, what (hould we think of thofe kingdoms were they to attempt co deftroy their governments, and to force upon them their own mode of government ? Should we not applaud any zeal they difcov (<;d in re- pelling fuch an injury ? But the truth is, we are not maintaining, but violating our own conftitution in America. The eflfencc of our conftitution confilts in its iudependency." What has all this to do with the principles of the conftitution of England? Can the Crown of England, upon the principles of the conftitution, grant a charter to any part of its fubjedls which frees them from the autho- rity of Parliament? Are thefe charters of the nature of compa(5ts between two inde- pendent powers or ftatcs ? Will length of time give ( 41 ) give force to what, in the beginning, was entire* ly void of it ? Were the Britifli plantations ever /r«f,or,as theDoftormuft mean»if hemeansany thing, independent ? Were they ever, lawfully I mean, open to all the world P Or is the Englilh conftltution effentially independent, more than thofe of France, Venice, or any other conftitu- tions upon earth ? Surely this mud have been wrote in hade. The following part of the fedtion (hall make up for it. ** The fundamen" tal principle of our government is the right of a people to give and grant their own monfy.** Why he has thus exprcfled himfelf I cannot tell. He cannot mean that it is a principle of the £ng- lifli conftitution, that no one government or ftate can give away the money of another go- vernment or ilate. This is the fundamental principle of all governments* We mufl: un- derftand him then, that it is the fundamental principle of the EngliHi conftitution, that '* the money of the fubjefts cannot be taken from them without their confent, exprefted by them in perfon, or lignified by their reprefentatives elected for that purpofe." I have faid enough upon this fubje£t, fo far as it has been urged to be a principle of civil liberty, or government G in \^ ( 4» ) iFi general. We are now upon the Englifh c'nHiiur*on. As far as we have any know- It J, J of it, the conftitutional method of raifing money from the people has always been by adls of the fupreme legiflative authority under what form foever it may have been, at the time when the ads were palTcd. In the reign of King John, the great Council of the kingdom for afTefling aids, &c. confided of Archbiihops, Biihopsy Abbots, Earls, and greater Barons* together with all who held lands under the Crown in capitg : The people had no (hare in their appointment, but were notwithftanding bound by their laws of what kind foever^ As we come forwards the land holders are mul- tiplied, fa as to render it inconvenient for fo numerous a body to affcmble together ; wc then find them authorifed, in each county, to fend commiflioners to ad in conjundion with the Magnates of the realm for and in behalf of the whole : Afterwards, boroughs and cities are formed, and, by letters patent from the King, authorized to chufe commilHoners alfo, who have an equal voice with thofe eledcd by free- holders : Still, a great proportion of the people zip without any Ihare of eledion. We cannot 2 aicertaift ( 43 ) afcertain when, or how, it became the privilege of the commifliioners, chofen by the people, to originate grants of aids ; probably foon after they fat in a different Houfe from the Lords, and probably alfo, becaufe they had the means of bed knowing the condition and circum- (lances of the people in ail parrs of the realm i what they are able to pay, and in what propor* tion. We '""ow that the Commons now have the fole right of orginating grants of money : We know there are inftances of grants in early times originated by the Lords : We have reafon to think the denial of a right in the Lords to make any alterations in money bills is of later date : We know it has been contefted. So far as the alteration may increafe the fum, or affedb the proportion, it comes within the reafon of originating the grants ; fo far as it may lefTen the fum, it, feems to be more arbitrary. From this brief account, which I believe to be true, this right of originating grants by the repre* fentative of the people does not appear to be a fundamental principle in the Englifh conftitution, but rather to be now fettled and cftabliflied by Parliament as a rule of proceed- ing in all cafes of taxation whatfoever, whether the fubjefts taxed had any (hare in the eledlion Q\ of y ( 44 ) of reprefentatives or not ; nor can this right be faid to be inherent in this branch of the legifla- ture, merely by force of its being cleAed by the people j for by juft the fame rcafon it muft have a right not only to originate, but to be the fole judge of eve; y aft of Icgiflaiion which affcdts life, liberty, or any valuable intereft whatfocver, as all adls of government muft be fuppofcd to do in feme way or other •, and many muft be of much greater confequcnce to the intereft of the people, than thofe which rc- fpe6b their cftates. If any principles may be faid to be funda- mental in the Englifti conftitution, this feems to be one, that the lands in all parts of the do- minion, by feme tenure or other, are held of the Crown : In conformity to this principle, grants of all the territory in the plantations have been made by the Crown. It is another principle, equally fundamental, that wherever the authority of the Crown extends, the autho- rity of Parliament extends alfo : It is an un- deniable faft, that the grantees received their grants, as of lands within the dominion of the Crown, and under focage tenure, in which is included allegiance or fidelity to the Crown: An oppofnion, by force of arms, to the execu- tion :• ( 45 ) tion of a«^8 of Parliament, by conftrudlion of law is a breach of this allegiance and high treafon. The Dodlor may have recourfe: to the refuge which he has in refer ve, and urge . that the plantations are not pare of the firitilh dominions. If that is the cafe, to what pur- pofe has he been enquiring into the principles of the Englifh conftitution ? The next inquiry is into ** the policy of the war." 1 expected the author's queftion would have been, Whether, in good policy, govern- ment (hould have given up all claim to its au- thority over America, rather than maintain it by force ? But after having followed him, •• wandering from his point*," through feven or eight pages, I Bnd that what he principally in- tends to infift upon is <* the folly, in refpefl of policy, of the meaCures which have brought on this conteft, ana its pernicious and fatal ten- dency f ." It was no part of my defign to en- gage in the defence of the prefent adminiflra- tion, or to bring charges againfl any former ; but it will be impoflfible for me to remove thofe prejudices which the Dodtor is labouring to inftil into the minds of the Americans ii ' • P. s9» t Ibid. againfl: till ii ( 46 ) •gainft government, and which muft effeftuall/ prevent a reconciliation, unlefs I (hew wherein lie has mifreprefented the pad as well as the prefent adminiftrations. A general charge of pride, love of dominion, thoA<: infernal princi- ples of blind refentmenc, and love of revenge, merely becaufe they are inherent in human m- ture^ may as well be brought againft all the go- vernors upon earth. But there is further evi- dence that the^* muft have been the motives i «* We have tranfported ourfc!vcs to their peace- ful retreats, and employed our fleets and ar- mies to ftop Op their ports, to dcftroy their commerce, to feize their effefls, and to burn their towns. They have rifen in their own de- fence, and repelled force by force. — They de- ny the plenitude of our power over them, and infift upon being treated as freo communities. — It is that has provoked us, and kindled our governors into rage *." Will not a foreigner, unacquainted with the American controverfy, fuppofe that govern- ment, from mere wanton. lefs, had invaded the liberties and properties of its American fub- jcfts, and compelled them to rife in their own • P. 55' defencei ' 47 ) defence, to fave themfelves from dedru^ion? Infltmmatory remarks follow thefe mifrepre- fentitionB % and then, having obferved that our whole conduA has been nothing but a feries of the blindeft rigour followed by retractation, of violence followed by conceflion, of midake, weaknefs, and inconfiftency, the Dodtor pro- fe0es to prove it by relating the proceedings of government — in altering the aA of the 6th of George the Second, which impofcd duties on foreign fpirits, &c. and laying other duties for the purpofe of a rev:nue — in paflTing the (lamp- a£t, which threw the continent from one end to the other into refiftance and rage — in repeal- ing the fame afb without requiring any recog- nition of the authority of Parliament, or doing any more to preferve its dignity than aflferting its power by a declaratory law — in palling an- other ad to impofe duties on tea, paper, glafs, &c. which revived all the former heats — in repealing all the duties in that aCt, except on tea, which was left to maintain ajhew of dig- nity — in enabling the Eaft India Company to export tea to America, fubjeft only to a duty of three pence per pound, in order to bring the colonies into a fnare^ which they fpurned at, and refufed to admit the tea -, and at Bodon fimt ;il I • ^m^ C 48 ) fime perfons in difguife buried it in thefea • — in flopping up the port of Bcfton until compen- fation (hould be made — in deftroying the chartered government of the prov'ince'— in withdrawing from its jurifdidlion perfons who in particular cafes (hould commit murder — > in pafling the Quebec bill. The Doftor then proceeds to paint in lively colours the effedts of all this vengeance in Mvif- fachufets bay — the dilTolution of government there — the fright the miniftry was in here — the ungracious conciliatory propofal, that if the: Americans would tax themfelves as Parliamerit ordered, Parliament would not tax them — the difdain with which this propofal was received —the urging the province o5 Maflachufet's Bay into rebellion, by ordering the army to feize their (lores, and to take up fomc of their leading men — the people's taking to arms, and repelling the attack — the deftrudtion of a great pa-^t of the fiowe: of the Britilh army - — the difgraceful and miferable imprifonment of fome of our beft generals and braveft troops in the town cf Bofton — the commencement of * I fee no difFerence, in a mora] vbvtr, between a par. tial reprefentation conveying a h\k idea, "(ud an affertion directly contrary to truth. a horrid I '.1 ( 49 ) a horrid civil war, and the diftra61tion and convulfion of the whole empire. All thefe things were done, notwithftanding the colo- nies had allowed us every power we could defire, except that of taxing them« and in- terfering in their internal legiflations. — He then laments the effeds of the lofs of ovir Ame- rican trade, and Ihudders dt the profpeA of d kingdom on the brink of ruin. The bcft way of anfwcriiig this narrative and thefe remarks wiil be by another narrative and other remarks. I have had the advantage of examining many original papers, as well as records, relative to the fsveral governments 3 and i have Unn the depoHtions, taken here, of feVeral perfons who were prefeni in Bofton at the time when the tea was deilroyed, and who arrived here foon after. I cannot give a tuW idea of the rife of thid unfortunate contf ft without going back to the beginning of the laft war with France. The peace in 17^2 had left the bounds between the Englifh and French dominionsf in America undetermined^ The pofts which the French had tafkcn after the peace, onf :he back of the Englifli fettleiTiCits from , •■ j:.l I- m 4 % H th«f I ( 50 ) the Ohio to Nova Scotia, alarmed our in- habitants; and th; governors reprefented to the miniftry that, if negledled, a French force would, in time, be able to drive every £n^li(h colonifl; into the Tea. Altercations bc^ gan between the two courts, and directions were given to feme of the governors to raife men, and to take pofts like wife on the Englifli frontiers, and, if neceffary, by force to attempt the removal of the French encroachments. Orders were alfo fent to the feveral Englilh go- vernors, to recommend to their aflcmblies to ap- point commiflioners to meet at Albany, to confult upon proper meafures for fecuring the- Indians, and to fettle a proportion of charge to be borne by the feveral governments in cafe of a new war. 1 have it from fufficient authority, that whatever may have been the notions or ex- pectations of fome of the American colonifts in the days of the commonwealth, and for fome years ^fter, yet, from the Revolution down to the year 1754, no idea of independence exifted in America ; the people had no viGonary no- tions of it beriy ; with the n^mt pi fuh ordinate ^governments, they felt lefs reflraint from their la , lefs of the burden of government, than ..'*"' - 2 any ?''J ( J ) any people of any government In Europe. If this had not been enough to keep off a defire of independence, they were afraid of their French neighbours, and their whole confidence was in that protcdion which they claimed in common with their fellow-fubjcdls in Eng- land. In purfuance of the recommendation from the Crown, commiflioners met; they agreed upon an addrefs to the King, reprefenting the imminent danger the plantations were in, and humbly praying for protcflion. They agreed alfo upon a plan of union of thefeveral govern- ments, by a reprefentative of the whole, con- fiding of members from each government, with powers to fettle proportions, raife monies, &c. and it was an article of this plan of union, previous to all the reft, that application fhould be made to Parliament to auchorize this plan. It never took cfFed. The govern- ments in the plantations did not approve of the general defign, nor chufe to truft an affem- bly of delegates ; ?».nd government here was equally averfe to it. This tranfadion, by a congrefs regularly reprefenting fo many of the governments, demonftrates that the conftitu- H 2 tional n.i'i % . ij I "■■'!' i u' I ( 5« ) tional authority of Parliament over them was freely acknowledged at that time. In the courfe of the war, requifitions were fent to feveral of the governments to raife fuch forces as would confill with their abilities, and they were at the fame time allured, that it would be recommended to Parliament to re- imburfe or compenfate them in part, and in proportion to the exertions and abilities of each government. The promife was punffcually perfori^ed, and the benefit which each govern- ment received from a large importation of fpecie annually, though not one half of their expence, was fo great, that many of the requiOtions from time to time were chearfully complied with. As the peace approached and the terms of the treaty were expe^ed foon to be fettted, the anxiety was great left Guadalupe or Martinico fhould be ceded to the Engliih and Canada reftored to the French ; and great was the joy when the treaty was made public, and the ceHion of Canada with it. Without this ceflion of Ca- nada, there would have been no fcheme of independence in America to this day. Many of my readers will recollcdi how much we vvpre divided in England when the peace approached, ( 53 ) approached, and that this confequen* - of pre- ferring Capada to one, or both, of the fugar iOands was then foretold. Notwithftanding the peace uith France, war continued, or was renewed with fomc of the Indian nations in America, and forces were kepi up for carrying on the Indian war, and for fecuring the new ceded countries. This put government here upon a plan for raifing monies in America; not to eafe the kingdom of any part of the debt of feventy millions incurred by the war, but to defray part of the charge which continued after the peace, for the defence of America ; and, as Podlor Price obferves, the firft thought was tp reduce the duty on molaiTes, &c. which by the a6b of the fixch of George the Secpnd, was laid fo high as to amount to a prohibition, and to lay fuch fums as might be paid with-^ out caufing a flrong temptation to fmuggle. It was natural to think of this duty, becaufe, a fi?w years before, one or more of the agents hfid been concerting with the minillry the re^ duftion of the fame duty, upon a prefump- tion that it would be agreeable to the inhabi- tants of the colonies; aod this agent recom- mended n IP ii. / •: ;' : ^1 nt ( ' 54 ) mended to his conftituents, to make application for fuch reduction, and upon confideration of his propofal, a very large committee of the council and houfe of aflcmbly were in favour of it} but by an accident it was flopped from going any farther at that time. • The duty on ftamps, though it had many years before been in contemplation, was fuggefted afrt -h to Mr. Grenvilie, by an Ame- rican member of the Houfe of Commons, and, I have been informed, was communicated to, and not oppofed by feveral American agents } but they wifhed for time, which was readily granted them, to inform the American affcmblies of the defign, and the agents were further authorifed to fay to the affemblies, that they were at liberty to fuggctt any other way of railing monies for the purpofe propof- ed. I think this was treating the plantation legiflatures more properly and favourably, than if requifition had been made by the fecre- tary of (late, as was done during the war i and yet Mr. Grenvilie has been abufed for not making a requifition. What was the con- fequence of this fufpenfion and propofal .? The affair was taken into confideration by moft, if ( $5 ) if not all the legiflatures. All, except one or two, exprefsly denied the right of Parliament ; or, which is the fame thing, confined the right to themfelves. They all declined mak- ing any other propofal. From hence began all our miferies. If the fe- Veral legiflatures had been filent on the point of right, had pleaded long exemption from parlia- mentary taxation, founded on commercial ad- vantages to the ftate, the oppofition afterwards made to the llamp-aA would juft as well have procured the repeal of it, and the difpute about the right might have been kept off to this day. The ftamp-fc<^ paflcd with little oppofi- tion. If we are to judge by the event, ic may be faid to have been impolitic. In the time of it, I fe;ared the convulfions which it has caufed. I knew how much go- vernment here had been weakened a little be- fore that time } that mobs, riotous and tu- multuous affcmblies, were fuppreffed with difficulty ; and that lefs riotous, but more cri- minal afiemblies, triumphed over the law. I knew the fame fpirit had began to (hew it- felf in America. The agents of the plantation governments, however, made no great ftir. If I . i ( 5< ) If they had imagined the adb would have met with fuch violent oppofition, they would not have follicited, as they did, that their particu- lar friends fliould be appointed to carry it into execution. - A new adminidration thought the repeal of the a£t neceflary: Whether it could have been carried into execution, and the people brought to acquiefce, cannot now be deter- mined. Confidering that all America was in a flame, and that all the fervants of the Crown in the plantations were deititute of any kind of protection, I then thought the repeal expedient and nece/Tary. The declaratory law rather did hurt than good : ft was treated with contempt. I do not think with Doftor Price that, if no farther attempts had been itiidie, the people would have recovered their fornier habits of fubje<5lion. Could the ftamp- aA hdve been repealed, merely upon the prin- ciple of expediency, as was the cafe virith tho cyder-a6t at the fame time, all the bad confe- quences sf the repeal might have been avoid- ed. It was the declaration of a great com- moner, that Parliament had no right ta tax America, and thai be was glad America had refifiedy t 57 ) riififi(d^ which gave the deafb-tOeund to par- liamentary authority there. The leaders in America feized it with eagerncfs. They praifed and idolized him. They knew, indeed, that he had declared in fayour of the authority of the Parliament in all cafes of external taxation, and for enforcing all laws for that purpofe ^ and, if obedience was refufed, that he would not fufFer a horfe-nail to be made in the planta- tions. They appeared, however, to take no offence at it, but kept on the refer ve, until they had a convenient opportunity to unmafk i for they knew if there was reafon to deny the authority in internal, there was juft the fame in external. It prefently appeared in fe- veral of the governments, that the repeal of the flamp-afi: did not fatisfy them. The leaders in New York and MaiTachufet's-bay influenced the aflemblies to take exception to parliamentary authority in other cafes befides internal taxation. A plan was laid in fome of the aflemblies for a general congrefs at New York. This was altogether unconftitutional ; no commiflions from the Crown, and no char- ters giving any authority to this purpofe. Not long after the repeal, another change in ad- I miniftra- W I ( 58 ) miniftration took place. The new miniftry faw, as Mr. Grenville's had done, the reafon- ablenefs of requiring America to bear a propor- tion, at lead, of the charge neceffary for its defence. Whatever colour Doflor Price may have, according to his own fyflem, for the charge of defpotifm, I fee none for that of avarice. An ad palTed for external, oi port, duties upon glafs, paper, tea, &c. wh'xh feemed to confifl: with the principles of the great commoner, not difavowed by the Americans. This ad, the Do6lor fays, " as was expeSled^ revived all the former heats." I do not believe that government had reafon to expeSi a revival of the former heats ; but it is certain they were revived. Combi- nations were formed in mod of the govern- ments, againil importing the obnoxious ar- ticles, and greater tyranny was praftifed to compel all to join in the combinations, than the people in Turkey would have borne. Thefe diforders effeft^d a repeal of all the ar- ticles, except tea. The oftenfible reafon was, that a duty on thofe articles was anticommer- cial i but America knew the real reafon. The duty upon tea was left, to fhew that Parlia- ment M" C 59 ) ment did not give up the right. After a year or two*s druggie, it was paid in moft of the governments. In New York and Penfilvania, tea was fmuggled, with little or no ri(k, from Holland, and none was imported from England into thofc governments, therefore the people there gave themfelves no more concern about the tea-aft than about the declaratory aft : they felt no effcft of either of them. Befidca the adls for.taxation, the leaders in America v^ere making ufe of other means of (lirring up the people, and inflaming their tempers, in or- der t6 accomplifh their defigns of independence. The diforders occafioned in America by the a£ts of trade, and the connivances at the breach of them, had given rife to an aA of Parlia- ment, to enable his MajeCty to appoint com- mjffioners of the cuftoms to refide iq America, I know complaints had been made of the great hardfhips the merchants in America were under, in being obliged to apply to the commidioners of the cuftoms in England, on occafion of difputes with the cuftom-hoyfe officers, which the furveyors general had no authority to decide. I do not believe this American board had greater powers given to I 2 ity 4 t i! 'r -i-^K ( 60 ) it, than the commiflioners in England had b«« fore its infticution. No other cffc^ was felt, than that which it had upon the illicit trade, which the vigilance of the commiflioners in fome meafure difcouraged. It was, therefore, given out, that the board was appointed merely to enforce the new duties ^ means were ufed to inflame the people, and the ap- pointment was pronounced unconflitutional and oppreflfivc. The powers of courts of admiralty to take cognizance of feizures, though made part of the conflitution of every government for near a century pafl, were now alfo pronounced to be incompatible with the rights of an Englifliman. To keep up troops in any government to aflTift ih: ''ivil magiflrate in the execution of law, was keeping u^ z fl-anding army, contrary to the bill of rights, unlefs the legiflature of fuch government gave its confent to it. The payment of falaries by the Crown to its fcrvants, who derived their authority from the Crown, wai;< declared to be another inftance of invafion made upon the rights of the people. It became every day more diflicult to carry the Uws of trade into execution, until «t length fhQ ( 6i ) the authority of the cu(tom-houre officers wat in fome governments openly defied} and ia others thofe officers winked ;v. every breach of law, from fear cf their lives, in cafe they had made a feizure : In (hort, in all matters, which had refpedt to the authority of Parliament, go- vernment for four or five years together had been gradually loHng its force ) but this could not have been, if the leaders in the plantations had not been conftantly encouraged by the op^ pofition to government, and other partifans, here. A conftant correfpondence was kept up for that purpofe. This was the (late of America when the af- fairs of the £ail India company came before Parliament, and that company was enabled by an aA to export tea to America. The Ame- rican market for tea was in a great meafure loft i the true reafon of the lofs was the illicit trade ; as this had been encreafing, the expor- tation from England had been decreafing for many years before. Penfylvania and New York imported all from Holland : An iliicit trade was there an open trade. In the other governments an importation from England had been quietly fubmitted.to, and the three- penny It \ I I ( 62 ) penny duty had been regularly paid for two or three years. I do not know that adminiftra- tion had any view to facilitate the payment of the daty, or, as the Doftor expreflcs hiinfelf, to bring ihc colonies into afnare. It was natural to fuppofe, that when the price was reduced, the duty would more generally be paid •, and Pcnfylvania and New York be induced to trade with England inlUad of Holland, when the temptatbn to fmuggling fhould ceafc. But whatever were the views of adminidra- tion, it certainly was infinuated into the minds of the people of America, by letters from hence, wrote whilft the Bail India bill was in Parliament, that a plan was laid to bring the colonics into a fnare — that a noble refiftance on this occafion ould free them from the flavery intended for them ; if this opportu- nity was loft, there would never be another ; and if they ihould fuffer the fhips to land the tea, and the duty to be paid, they would rivet their own chains. Thefe letters were publilhed in news-papers through the continent, fome of which came hither. Committees of correlpon- dencc, by advice from hence, were eftablifhed in Pcnfylvania, New York, and MalTachufet's Bay 1 I ( ^3 ) Bay ; an uniformity of meafures was refolved upon i the (hips and tea were, at all hazards, to be fent back from each government. Ac' cordingly in Penfylvania and New York the Ships were not fufFered to come up to the ufual landing' places, and, although they had Icrgc quantities of other goods, they all came back to us ; and the owners of thofe goods, as well as the owners of the tea, were obliged to fubmit to the damage. The Ihips, which were fent to BoHion, had alfo large quantities of other goods befides tea. The owners of thofe goods were not willing to fubmit to the damage they muft fuftain if they fhould be fent back to England. A town meeting was called, a committee appointed: The owner of one of the (hips did not intend to fufFer his (hip to come into the harbour, until he had an opportunity of judging, from the temper of the people, whether the tea could be landed ; but this committee, left the Ihip (hould carry away the other goods with the tea, fent for the owner, required him at his peril to bring his (hip to the ufual landing place, and to enter at the cuftom-houfe, and deliver all the goods, except the tea. After the other goods it J! 11 ( «4 ) goods were delivered, the committee then tt^ quired the owner to fend back his {hip with the tea: He applied to the coUedtor for a clear- ance: The colleftor refufed to grant it for the tea, fuppofing he could not do it confiftently with the duty of his office, and the oath he was under: No (hips can pafs the caftle at Bollon without a permit from the governor. Al! plantation governors are under oath to do their endeavour that the a£ts of trade be carried into execution; and the a£b which eftabliihes a cuftom-houfe is particularly named in the oath. When the committee of the town of Bofton found this difficulty in obtaining a clearance for the (hip, the inhabitants of Bofton were convened, by an irregular notification; the inhabitants of feveral other towns alTembled with them, making many thoufands when all in one body : This body required the owner to go and demand a permit from the governor, who refufed to grant it until he had a certifi- cate, that the Ihip and goods on board were cleared at the cuftom-houfe. No body imagined the governor ccu!d give any other anfwer; and before the owner returned, a fmall part of the people had feparated from the reft ( 65 ) tcft in order to difguifc themfelvcs ; and, be- ing fo difguifed, entered all the (hips, hoifted out the tea, and cafl it into the fca ; the body of the people who had been aflembled follow- ing them, and furrounding the (hips upon, and near, the quays where they lay •% We cannot forget the univerfal cry of all parties, when the news of this ad of injuftice and violence was firft received here; in fomc way or other all agreed it ought to be puniflied. It appeared, that the body of the people of the town ofBofton had countenanced and encouraged every ftep which tended to the deftrudion of the tea until it was completed. Parliament, therefore, thought fit to pafs an aft to reftrain the town from all commerce by fea, until fatisfaftion (hould be made to the Eaft India company, &c. It was natural to fuppofe the town would raife eight or ten thoufand pounds, rather than fub- mit to fuch diftrefs as the lofs of its commerce muft bring upon it. A meeting of the inha- bitants was called ; fome of the principal men, * To make government appear defpotlc^ malicious^ re- fengeful, and avaricioust in fliutting up the port of Bofton, until fatisfaftion (hould be made for the tea, Dr. Price has reprefented the deilruf^ion of it as the a£t of a few difguifed perfons only. Sec Obfervations, p. 64. K for i^i f ■i ii i Hi 1 i k i' B 1 ^m v II K m 1 If WL IM 1 w T ( 1 ( 6d ) for rank, cftatcs, and underftanding, prcflcd a comp V cc with the a(Sl of Parliament, but the majority was againft ir, and the port remains Ihut up to this day. The council, the fecond branch of the legif- lature in Maffachufet's Bay, was annually elc6t- ed by the houfe of reprefentatives ; the gover- nor, by the charter, had but little authority to adl by himfelf, or without the council. It ap- peared that the council had declined to advife or aflift the governor in any m?afures for fe- curing the tea from the rage of the people, and, in divers other inftances had (hewn, that they were under undue influence from their clcft- ors. Alterations in the province charter were therefore judged neceflary : Some of the pro- vince laws refpefling the appointment of juries were alfo thought proper to be altered; and an aft of Parliament paflTed for thofe purpofes : And, as the civil or military officers in that pro- vince might, in the difcharge of their truft, be the inftruments or caufe of the death of perfons who were in breach of the laws, and an impar- tial trial could not be expe<5ted where the peo- ple in general were {o much difpofed to an op- pofition to law, it was judged neceflary that provifion fliould be made for removing fuch trials ( 6? ) trials to other parts of the dominions, where a fair trial by an unbiaflcd jury might be had. Several regiments were ordered to Bofton about this time, and the general of the King's forces in America was appointed governor of Maflachufet's Bay. Oppofition to the late adls of Parliament was determined on. The firft af- fembly which he held invited the other go- vernments to a general congrefs at Philadel- phia, and appointed their own delegates. This caufed a dilTolution, and the people met in a new aflcmbly, by their own authority, took the power of the militia into their Jiands, ordered the public monies to be paid to their own trea- furer, and did other ads of government : They colIe(5led provifions, ammunition, and all military (lores ; formed regiments under new officers, having difplaced all appointed by the King's authority; ordered a great number of men in all parts of the country to be ready to appear in arms at a minute's warning, and diflinguilhed them from the reft by the name of minute-men ; caufed the militia in all parts to be frequently cxercifed in the ufe of fire arms ; procured fer- jeants, or others who had deferted from the K-ing's forces, to inftrufl them ; agreed upon K 2 articles : f'- ( 68 ) articles of war for the government of an army, whenever it (hould be neceflfary for it to ap- pear in arms for the defence of the province. By the charter, or compa5i upon this occafion, if Dr. Price will have it fo, the fole power of the militia ofthc province, and of creding and demolilhing, atpleafure, fortifications of any kind, and in any place, is referved to the King, to be ufed by the governors; and the affcmbly had never been fufFered by the governors to take this power in any degree out of their hands : Adls of affcmbly had pafled to ftrengthcn his hands in the ufe of it. — The law moft certainly would have confidered Maffachufet's Bay at that time in a (late of revolt, as clearly as at any time fince. The governor and general, ir> this Hate of the affairs of the province, had firft tried the civil authority with which he was vefted, and, by proclamations and one or more attempts of civil officers to apprehend fuch perfons as were in the breach of law, endeavoured to bring back the people to an obedience to the laws; but without any cffett. He then thought it neceffary to crefl fortifications in the town of Bofton, for the fecurity of that town, as well as pf the King's forces under his command. By ( «9 ) By this time, the general congrefs had met at Philadelphia, and juftitied the proceedings of the people in MaiTachufet's-bay $ and pro- vincial congreiTes, had done the like in moft of the other plantations ; and the general alTem- bly of the two governments of Conneflicuc and Rhode Idand had alfo followed the example pf the general congrefs. At length, upon the 19th of April laft, the general of the King's forces thought fie to fend 9 detachment from Bofton to Concord, a place about twenty miles diftant, with orders to feizea quantity of provifions and warlike (lores, which he was informed had been unlawfully lodged there. A part pf this detachment met a company pf militia in arms at Lexington, fix or eight miles from Concord, very early in the morning, in appearance every way prepared for hoftilities. An engagement enfued, the circumdances of which are well known. This was the begin- ning of aftual hoftilities. From the foregoing narrative, which I be- lieve to be in every part true, the reader will be aflided in judging to whom thefe hoftilities are to be charged. I will inquire how far Doctor Price is right in charging them to the avarice. U ^ ( 70 ) avarice, pride, revenue, znd de/potic fj>trit of go- Vcrnmcnt here. My ficuation in life has been fuch, as to bring me under no attachment to any one ad- minidration more than to another. I have had occaHon to obferve, in the people of this and other governments, a difpofition to favour ac- cufations brought againii their rulers } popular clamours, therefore, makes no impreflion on my mind. There can be no pretence to charge Mr. Gren- ville's miniftry with dcfpotifm, unlefs all aftsarc defpotiCjWhentheauthorityofParliamcnthadnot, been contefted ; nor with revenge upon the Ame- ricans, who had given him no offence.; nor with avarice, when thefum propofed was (hortof the charge of their proteflion. — If the Dodtor has laid any thing to the charge of Lord Rocking- ham's miniftry, it is the futility of the declara- tory act, without accompanying it with a re- cognition to acknowledge its authority ; but this could not be exceptionable, when the aft itfelf is pronounced dreadful, and the efFeft of it the eftablijhment ofjlavery. The fame may be faid of the Duke of Graf- ton's adminiftration, as of Mr. Grenville'sj there ( 7« ) there was no power alTumed, but what the Americans and their advocates allowed to be in Parliament, the taxes being external on- ly, it could not therefore be defpotifm i and the reduction of the duty upon the tea, would cafe them more than all the other duties would burden them, which carried no marks of re- venge. All which can be charged to Lord North's adminiftration is, the retaining a -part only of thofe duties, to the whole of which the Americans had acknowledged they ought to fubmit, and this merely to retain the right which otherwife would have been faid to be renounced. On the other hand, I do not charge the war upon the people in the plantations in general. Twelve years ago they had no idea of inde- pendence. They had never heard that taxation and reprefentation muft always go together. A propofal to take up arms againfl: the autho- rity of Parliament, even in the cafe of a ftamp- adl:, would have (truck them with horror. To what caufe are we then to impute the war? To the avarice, pride, revenge, ^nd/pi- rit I i 1^ \\ . f it I ( 72 ) yii of defpotijhiy under the veil of Hberiy, df a few men in each of the plantations, directed ill all their meafures by their corrcfpondents hercy and encouraged by the example fet them bere^ to defy and fet at nought all law among thcmfelvcs. Even thcfc leaders, at firft, did not fcem to have perfect independence in view. They made gradual advances towards ir, and finding they made them with impunity, they proceeded with more alacrity ; and it is now more than fevcn years fince fomc of them, in an unguarded hour, have declared they would never give over until they attaii.^d to it. We have always had men here undertaking for the Americans, that lenitive meafures would rcftorc government and order j when, at the fame time, they have encouraged the Ame- ricans to make a firm refinance, afiuring them, fometimes that they had nothing to fear from a timid adminiftration } at other times, when adminiftration appeared to be determined upon vigorous meafures, that at the worft they might depend on the people here, who, rather than fufFer America to be opprefied, would rife and effect a revolution in government. The ( 73 ) The Americans have been farther encou- raged by the publications here in :heir favour, by fpeeches, proteds, &c. regularly tranfmitted in print, and fometimes in manufcript, jufti- fying all their proceedings, even fincc they have been in a (late of revolt. Without encouragement from hence, the diforders of America would have been fupprefTed in the beginning, by the interior powers of govern- ment there. The common people were drawn in gradually and flowly •, they were alarmed with defigns againft iheir religion and liberty. They have been made to believe, that Lord Bute is a Roman Catholic, and that under his influence popefy is to be Hrfl eftabliflied in America, then in England ; and that Lord North does not think unfavourably of that religion; that their houfes and lands, as well as their trade, would be taxed ; that they would have an arbitrary government eftablifhed ; and, to fum up all, would be made perfedt (laves. It is doubtful whether, with all thefe arts, they could have been prevailed on to rifque all that peace and quiet, fo long enjoyed by them and their an- cedors, if they had not been a(rured, that L govern- { 74 ) government in England would infallibly give way, and that they would never be called to take up arms. Still tlicy were very imrdly brought to approve the meafures of their Jeaders, and I doubt, with Dodor Price, whether to this day they wl(h for independ- ence i and, I hope, when they are convinced how grofsly they have been deceived, they will more willingly and fpecdily return to that happy (late of government under which they had always lived. How far the alterations in the charter of MaHachufet's-bay, and the regulations in their laws were expedient at that time, I will not now enquire. If in any point the people were aggrieved, there is room for redrefs. It is enough, that Parliament was in the regular exercife of its authority. I think I do not go too far when I fay, that no right or property can be acquired, whether derived from the Crown or from Parliament iifelf, which, whenever the public good requires. Parliament cannot take away. Charters arc no more facred than other property : Accordingly, we have feen the authority of Parliament exercifed in the cafe of the £a(l India charters, and in that ( 75 ) that of the charter to the city of London, very fimilar to that of the MaflTachufet's. By autho- rity of Parliament, and, as many (lill con- ceive, much to the public advantage, a nega- tive voice was given to the iMdermen in all corporation afls : By another afb of Parlia- ment, they were deprived of this negative, and have now, each Alderman, only a finglc voice in conjunction with one of the common council. If I had time, I doubt not, many other like inflances might be adduced. The removal of trials is what we fee every day done by the courts of common law : An adb of Parliament was neceflary in the trials after the lad rebellion in Scotland. What relation the Quebec aft has to the cafe of the colonies in general, 1 never could fee. The only colourable one, if it may be fai4 to be colourable, is the vaft territory compre- hended in th^t government. This was neither defigned to enlarge a government becaufe in its conftitution it was lefs popular than the others ; nor to encroach upon the bounds of any other government, for there is a faving of all rights which any other government may have; but merely to prevent encroachments upon r I. ( 7< ) Upon ungranted territory ; the rcafons for which are obvious. This was a controverfy by it- felf, and the Doctor ought to have left it ac reft. I will make no other remark upon the ex- ception to what is commonly called Lord T'Torth's conciliatory propofal, than that the want of fuch a propofal has been the conftant charge againft Mr. Grenville, until oi:e of the colony agents very lately fliewed, that it was made by him j and, I have no doubt, that if the like propofal had not been made by Lo'-d North, wefhoulu have found the want of it dif- played in the ObfervatioRG, &c. I am not fufficiently acquainted with the fe- veral branches of the public debt, to deter- mine whether the Doctor has ftated it truly or not. To my purpofe it is immaterial, whether he makes it ten millions more or lefs than it realty is. It is evident, that he endeavours to fet it in the moft formidable light. We are bound, in charity, to prefume, he does not \vifh to fhake the public credit : His folc inten- tion then muft be to convince us, that if we lofe |:he iVmerican trade, we fhall never be able to fupport the public credit. But if we concede to ' ' ' the 5 ( 77 ) the claim of independence, how are we to re- tain the trade of the Americans ? The Doctor will fay that they will confent to trade with us : He can give us no fccurity for it : It will be all one whether they feparate by violence or part by confent ; they will trade with any other power in Europe rather than with us, if the trade be more profitable : It mufb there- fore be policy to prevent a feparation as long as we arc able. But the moftconfoling confider- ation is this : The conteft with the Americans has opened our eyes in the kingdom, and con- yinced us that the profits of our trade with them have been exaggerated; that if the whole trade was gone, public credit may be fup- ported. The Dodor, in his next fedion, profefles to (enquire into the war as it refpefls the honour of the kingdom, and fets out with obferving that it is one plea for continuing the conteft, " our honour is engaged, and we cannot now recede without the mod humiliating concefiions j" but this is dating the plea unfairly : We fay that government has good right to maintain its authority over all parts of the dominion ; a*id being engaged in meafures to reftrain any part, f' ( ^'1 Mt •»>ajfc4llkii^. . ■i,.»i<. ( 78 ) part from a revolt, it cannot in honour recede whilft there is a probability of fuccefs : If go- vernment has not good right, or if the attempt be defperate, no body pretends that it is bound in honour to proceed ; but the Doftor chufes to have an antagonid cf his own making. The purport of this fedion is, neverthelefs, to fliew that we have no right, and therefore it cannot confift: with our honour to go on, but we are bound to recede. We have the fame ground to go over again in every fedtion. Here he gives us a definition of government, " that it is, or ouglit to be, nothing but an in- llitution for co]l::(n:ing and for carrying into execution the will of the people," and laments that the meafures of government and the will of the people are fometimes in dire£t oppofition to one another. He is willing however it Ihould be '• taken for granted, though probably far from true," that the majority of the kingdom f.wour the prtfent meafurts, and yet he lays this is no good argument againil receding; for *' the dif- grace to which a kingdom muft fubmit by making concefilons is nothing to that of being tlie aggreflbrs in an unrighteous quarrel." I aflv who is to recede r If he fays the aggreflbr, or. ( 79 ) in other words, government. How does this confift with his definition of" government ? For if government is to carry into execution the will of the people, and the people fa- vour the meafures for war, government can- not recede from them. This, by the bye. He repeats again what he had fo often done, which has been fully anfwered, that wc are endeavouring to reduce to fervitude our own brethren — are infilling upon fuch a fupre- macy over them, as to leave them nothing they can call their own, and are carrying defolatioa and death among them for difputing it j and then the cafe of the plantations is com- pared to that of the Corficans, the United Pro- vinces of Holland, the Syracufans when in- vaded by the Athenians and th^ allied ftates of Rome in the focial war. Unlds feme parallel can be drawn betv/een thefe cafes and ours, what can be propofed by adducing them ? Let any one read the hiflory of Coifica, always fub- \tdi to fome power or other, frequently fnift- ing its mailers, fird und'^r the Greeks, then tne Carthaginians, the Romans, the Goths, the Saracens, the French, the Holy See, the Pifans, the G?;noefe, always denying any other right than that of conqusil, and always flrug- \\ ( 8o ) gling to free themfelves ; let him read the ftory of the cruel oppreflions it was under from the Genoefc, and let him compare it with the hiftory of the plantations, ever one ftate with the kingdom, ever acknowledging one and the fame fupreme authority, never feeling any oppreffion, nor more than a fmall ftiare of the common burdens of government j the Cor- licans ftruggling for independence, that they night be free from evils they were then fufFer- ingi the Americans that they might avoid diftant evils, of which they imagined they were in danger ; then let him judge whether the cafes are fimilar. Is the cafe of the Untied Provinces in any re- fped like that of the plantations, except that the latter have nov/ taken thcnameof the United Provinces alfo ? Were the Netherlands colonies fent out by Spain, foflered and reared under its acknowledged authority ? Had they not originally a diftindl government, a conftitution in many refpec^s fimilar to that of England, under a head by the name of prince, count, or duke -, and orders of dates, each branch where- of was in poflefrion of cftablifhed powers and rights ? Did not the government fall to a prince C 8i ) prince of a new family, nation, and languag,e ? Did not this prince attempt to alter the conlli- tution, and to deprive the other branches of their known and long cxercifcd powers ? Were not the fubjefts by a mere act of power de- prived of that natural right which may be truly faid to be unalienable •, a liberty of pri- vate judgment in matter* of religion ; and by a court of inquifiiSon compelled to difclofe whac private judgment, of which a cruel dci.. h was made the penalty ? Did the United Province* fcparate from the kingdom of Spain? No— Surely their cafe was much more fimilar to that of England at the Revolution. Opprefled by a prince, the people of both ftatcs rofe againft him, freed themfclves from his authority, and placed another in bis Head. Cne revolution^ indeec, was fuddcniv and in a (hort time effect- <»d ; xstt: Other, after a ftruggle of many years. Oa«: iftate rrtained its original conftitution un- to fay the leaft, have been reprinted here. Is not this to make religion a (talking horfe, when the real defign is to gratify the lufl: of party ? This muft be the f aft to ftrife andde- iatif and cannot be the faft which God hath cbofen. To mock Heaven is the higheft impiety. Ob my fouU come not thou into their fecretf to their ajfembly be not thou united. It is the general purport of the other parts of this fedion, to encourage the Americans to perfevcre in their meafures for attaining to independence, by a very deluHve reprefenta- tion of /^/r ability, andof^ftr inability; and by e;^amples taken from ancient and modern hiftory. The like encouragement has been given ki^^'^: ( 8p ) given them from hence, by menof thereligioii^ as well as civil order, fiom the beginning of the troubles to this day : Even at the time of our lafi* advices from thence, they depended more on the fuccefs of their partizans here, to efFc(^ a revolution in government by means of our diP- trefs, than upon their own ftrength. I thought I had done with this fetSlion •, but t cannot take my leave of it without obfcrving another of thofe inconfiflencies and abfurdities to which the rage of party will fometimes carry tnen of fuperior parts and learning. A few pages before ; the danger and miferies of a pub- lic impending bankruptcy, from the lofs of one branch of our trade, are reprefented and fet in a mod formidable light, and the Doftor ** (hudders at the profpeA^.'* In this fedtiort the lofs of the whole trade of the colonies and the ihutting up their ports *' will do them unfpeak- able good ; it will preferve them from the evils of luxury, and the temptations of wealth, and keep them in that ftate of virtuous fimplicity, which is the greateft happinefs f ." After all this long controverfy with Dr. Price, one paragraph has perfectly reconcilect P. 87. N tP.96. "t Vi ■■\ us 3 -M ( so J xai *< I am hearing it continually urged— *• Are ihcy not eur fuhjeSls ? The people of ^ America arc no more the fubjefts of the «« people of Britain than the people of York- •« fhireare the fubjedlsof the people of Middle- «* fex : They arc yout felloivfuhj^Sis* :* Thefe are the fentiments of my heart. I ever con- demned that inaccuracy, eur fubjefts •, I ever thought the Americans flood in juft the fame relation to the people of the kingdom in gene* I'al, that the people of Yorkfhire (land in to thofe of Middlefex •» 1 ever thought they were euF fellowfuhjeils. But alas ! my hopes are very foon rendered vain, my fair profpedls ob^ fcure. In the three or four next pages he re- turns to his old fyftem. " We and they are under two governments** — *• 7bey have oo. en- eouragement to truft you with the power of taxing them" — ;** They will not obey your Par- Jianient, your laws" — " Suppofe the worft— r that the colonics are now aiming at indepen^ dence, &:c.*' What a ft range jumble of iri- confilicncies have we here? They are our feliow- fubje^s, and ye't we and thiey are two govern- ments. They wiU not obey ^«r Parliamcmv • P. 99. our \,.L % T; ( 91 ) mr laws, and yet they are not aiming at tndepeH' 4ence, Can Dr. Price fumifli us from hiftory vith an inAanceofy^//(0«;-rubjeds who were noc under one and the fame fupreme authority ? I know of nothing that can give the leaft colour for fuch a fuggeftion, except it (hould be faid« they and we are under one King. Were the £ngli(h and Dutch fellow-Jubje^s in the reign <}f King William the third ? Or, are the £ng« lilh and Hanoverians fellow -fubjeSls under his prcfent Majefty? Were the Englifh and ^Qich felloW'fuhjtSls from the reign of James the Fird to the Union ? James wilhed, he ftrove, to have them confidered as fuch *, but every attempt of his courtiers, Ml the learning of Antenaci and Poftnati figniHed nothing: We and they were no move fellow- fubje3s when We were under James, than when we had been under Elizabeth. What rights, what privi- leges did they enjoy as EngUlh fubjedls ? We would not fuifer them to fend a fki£F to the £!>gli(h plantations : They began a plantation rhemfelves, and might have kept us from fend- ing a (kifFthere. There cannot be a more palpable abfurdity, than to fay men ztt fellow- fubjeSs under two diftind fUpreme legiflative .authorities.' N 2 I £ome I r Mi asSi'::*:;;!**.*. wOt . ..fa J R;gig?SaJ.i«U^li^t■^^^»?«sto'tal , -.--«*»' . i M I m )\ ( 9i ) 1 come now to the conclufion, and to the plan of conciliation recommended by a noble Lord, and adopted by Dr. Price. It is pro- pofcd by the plan to repeal the retraining aft — the charter-ad— the a£t for the more im< partial adminiftration of juftice — and the Que- bec adl-^to leave the cuftom-houfe and poft- office and other ads to a temperate revifal— never to give up the principje of regulating the trade, but to prefcribe the moft explicit acknowledgment of Parliament's right of regu- lating it, in the mod extenlive fenfe, if the pe- tition and other |>ublic ads of the colonies have not already left it upon a fufficiently fe- cure foundation. — Something further might be cxpeded, provided a due and tender regard be had to the means and abilities of the feveral provinces, as well as to thofe fundamental, un- alienable rights of Engliflimen— -the right of judging not only of the mode of railing, but the quantum, and the appropriation of fuch aids as they (hall grant— the debt of England to be acknowledged as the debt of every part of the empire, Afia as well as America included, pro- vided that fuch free aids as the colonies ihall grant, and aifo the finking fund, be unalicn- ( 93 ) ably appropriated to the difcharge of the debti and, finally, the laws of trade are all to be duly obferved and enforced. I will firlt confider the plan, and then the propriety of its being adopted by Dr. Price. As an European Briton> if the plan could be carried to efFe^, and it was juft to load the Americans with the national debt, I (hould cer- tainly be in favour it. All the afts propofed to be repealed, and all the alterations in the a6ts to be revifed, are not to be weighed in the balance with a fecuricy for the enforcement o£ the laws of trade alone : But the eafe to the na- tion, by laying perhaps a quarter part of the public debt upon Ada and America, cafts fuch an amazing additional weight into the icale, that there is no room for hefitating a moment, if we can be informed how it is to be carried into execution. I am at a lofs how the laws of trade are to be enforced ; in what bread the tender regard to the means and abilities of the feveral provinces is to find its place : If in any befides that of the Americans themfelves, how can it confift with their fole right of judging, poK only of the mode of railing, but the quantum, and C 94 ) and the appropriation of fuch aid as they (hall grant. If they are to enforce the laws of trade, and if they are to be the fole judges of the mode, ^unntunit meanSf and abilities, &c. of railing and appropriating aids, what fecurity can we have for the performance of what is to be done on their part ; and how does the principle of regu- lating trade exift in Parliament, if they, and not Parliament, are to enforce the laws of trade ? ,How Dr. Price will reconcile this plan to his fyftem of civil liberty, and to the whole tenor of his book, I am ftill more at a lofs* If •' there are no caufes by which one community may acquire a rightful authority over another, neither conqucll, compa^l, nor obligations conferred -," how does the principle of the re- gulation of the trade exift in the Britifli Parlia- ment ? How will any compad^ made by the Americans bind them ? Would he enforce the laws of trade made by a Parliament which had fio authority ? When no civil focieties can lawfully furrender their civil liberty, by giving vp to any extraneous jurifdidtion their power of legidating for chemfelves, and difpofing of their property," would he accept of fuch un- lawful furrender ? The ( 99 ) The Dean of Gloucefter may well be judifK cd, upon his own principles, in giving up chc colonies— becaufe they are not worth keeping. Dodlor Price, upon his principles, cannot jufti- fy the not giving them up — for Parliament, he faith, hath no right to hold them. This plan, ncverthelefs, implies a right to hold them, which 1 mud leave him to explain. A departure from the fundamental prince pies of government began the conteft, and has hitherto fruftrated every attempt for rebonci- liation. If the colonies are to be juflified in refufmg fubje£tion in any one point, they may be juftified in all. They are fubje^s, or they are independent. It will be afked, may they not have certain powers of internal legidation with which Parliament fhall never interfere^ though it may have, and exercife all other powers of legiflation whatfoever; this feemi to have been the cafe with Ireland, which has been in pofTeHion of taxation, at lead all inter- nal, for ages paft ? I anfwer, neither the colo«- nies nor Ireland can have an- exclufive right i becaufe it is incompatible with the other powers referved to Parliament. But if Parliament is not CO ufe its right over Ireland^ what fignifieii - * a aright ■ !( .t ' •! ■ ( J^ ) « rrght when it is never ufed ? I have ofteit heard this qucftion afked, but it is not a fan- qucftion. Although the right has not been nfeiit it by no means follows, that the time will not come when it may be ufed. Ireland^ kjf its legidature, has made large and lading provifion towards the general charges of go« vernment : Ic is to be prefumed, that Parlia^ ment has deemed it adequate i the right, there* fore, has not been ufed. Parliament had for^ borne the ufe of its right of taxation in the con- tinental colonies alfo, for the purpofe of a re^- venue, from their firft fcttlement t Commer" cial advantages from the colonies, and the po* verty and burdens of new fettlers might be deemed a good reafon : The great charges of government, in defence of the colonies, cauf- cd Parliament to determine, that part of this charge ought to be borne by the colonies : Up- on its being recommended to the legiflatures to confider of it, and to propofe a way to pro- vide for this charge, they declined it, and de- nied the right : Parliament thought, fit to u(c the right, and to take meafures to compel to a fubmilfion to it. Should the like cafe hap- pen with refpe^t to Ireland, I believe ic never will. C 97 ) i^ill, Plrliament may, and will proceed in tht (kme way as it has done in the colonies. What way then can ever be found for recon- ciling the colonies, and reftoring them to peace ahd order ? I know but one. Happy will it be for them and us, if we can agree to take iti and prevent that devaftation, deftrudion, arid ruin, which the vaft armament now preparing threatens. They mud return to that (late of obedience to the conftitutional powers of go- vernment, in which they had been happy for an hundred years together. They have been alarmed with falfe fuggeftions of danger, of many great and infupportable burdens, oppref- fions, and tyrannies never intended ^ and have been perfuaded to believe, they could avoid them in no other way than by a revolt. They muft refledb upon the felicities fo long enjoyed under government^ upon the didrefs and mife- ries brought upon themfelves by a revolt from it I they muft be convinced that thofe perfons, who ufed all the means in their power to di0uade them from this revolt, were their beft friends, and that they who have perfuaded, and compelled them to it, were their worft enemies. The re- peated declarations made by th J' li bene- ttr*1*i 1^ ^ irf - I -~ .' -^-^^ A*mm\t<»J 1 1...- ->-*tt^tamak owL. y—^- ( f8 ) benevolcnc Sovereign, of hii difpofaion tft every •6t of lenity and kindnefi i the relblve of the Houfe of Commonly tbai upon ails pf tbrir §wn UgifiatUTis for raifing « rtafinabU fitm U^ war'^j tbt cbargeswitb wbkb govirmunt miffi «#• tfffarify bi bwrdtnidfw tbeir prottHion and dtftnc§, aSls cf Parliament for taxing tbem ougbt to be re^ pealed, and Ibat it will not be advtfeable to lose tbem for tbo future ; are as great fecurities at they can have. Succeeding Houfes of Com- monsr who alone can originate a6ts of taxation,, will be in honour bound to adhere to this refolve as much a» a fuccecding Parliament can be bound to adhere to any ad of Parliament pafll cd with all its formalities. I fay, in bonour bound, becaufe the power^ or autbority^ can inr neither cafe be reftrained or limited. Thii being all the fecurity which,, from the nature of government, can be given, muft content ihem. More than this no minifter can prO'. pofe, no Parliament can approve. — Could there be greater \ I fhould make no ob- jeAion. Government here will reftore them to the full pofleffion of their trade and their (ifhery» and protcd them in ic,e will give farther en- courage* ( 99 ) coutigement to their trade, in inftances where ic may be done without prejudice to the national iatereft, which I think may be ealily fuggefted ( will confider them, as Montefquieu fays, to be colonies planted and reared for commercial advantages, and will give full credic for thofe advantages i inftead of requiring them^ accord- ing to Dodior Price's plan, to tax themfelves, for their proportion to the vaft national debt, of one hundred and thirty or forty millions, a propofal tending to deter them from any far- ther conned^ion, will look forward only, and iliake full allowance for every fum arifing from fuch external duties, as may be neceflary to be laid in adts for regulating their com- merce } and, if it may confift with juftice to the other parts of the dominions, will eale them of all internal taxes whatfoever; will allow to their internal legiflatures every power of legiflation compatible with the general fu- premacy of Parliament } and will confider them as fubjeds intitled to every liberty, every pri- vilege enjoyed by their fellow-fubjeds, which their local fituation will admit. This is the only plan for lafting peace and harmony. Many who arc friends to the king- O 2 dom I ii / f 100 ) dom and colonies, have complained, that noj more r.otice has been taken of the declarations, and oflfers made by the Philadelphia congrefs, ivhich have been thought to contain fufficienc grounds for treaty, and for fettling ^ compaft between Parliament and the colonies. It was impoflible. Every flep towards fuch a treaty would have fet peace at a greater diftance, and no compa£l can be entered into, but what will deftroy the peace propofed to be eftablifhed by it. Whatever fancies we may have of an.orip ginal compaffc, at the firft formation of a ftate, la compadt between tlie fupreme authority and the feveral parts of a (late, will involve contra- diflion and abfurdity. Such fecurity then, as the nature of government will admit for the enjoyment of fpecial rights, liberties, or exemp- tions by any parts of a (late, ought to give con- tent. This fecurity may be obtained by grants, charters, prefcriptions, or lon^ indulged ufage; and fuch title may be acquired, that no power, except the fupreme authority, and that only when the public good requires, of which it mult l^e the judge, c^n alter. With this power our Amencafi ■•V, ^' ./^ ( I«I ) American brethren may as fafely truft their \U berries, as we in the kingdom do ours ; for, not- withftanding the abufive infinuations in the pamphlet I have attempted to anfwer *, no go- vernment in the world is undera legiflativc pow- er which, in all its aAs, has maintained a more juft and impartial regard to the interefts of the feveral parts of the dominions, whether repre- fented or not, than the legiflarive power of Great Britain. In fine, if the DofVor's book is plaufible, yet it is delufive. His fydem muft remain upon paper, and in idea only } it can never be carried into a£b. His vindication of the colonies, his charges againft government, have no other fupporc than the truth and practicability of his fyftem } and, therefore, are altogether groundleO. His book may create, or increafe difcord, but it has no tendency to promote concord, peace, and love. A lingle adion which has this tendency, will afford a more pleafing re- fledtion to a benevolent mind, than all the me- pphyfical dillinftions, all the moft extenfive • P. ,S. calcu- " 'VP wmm ■if * ^#|l^art0 vM t^« P9weri ttOwiilHN^ Jhim^ c«n beftrcKiied* , 1 imcii^d^ 19 ?|>* <3w«i of i»i^ ml^vc to them 4«f^|ir Mt4li&o«eiri^ have ;Ulid:ic »ttU fafee HKMre tit|ie thi^n I expededi my f>aii)phlet alfo is HrfMif fyjfokfk tg a fliffiOi-i r. . r I: e.:?^;;^;' i:*;! :/; V^:^.. ■ : • vT v-.a *'ij^:^ .... •: ^ ■: ■: 1^ ft ■ ■» ' ' ■ ■ ■ . ' • ■ . • r ' ,.- ■^:%0%v-,. -\ fcj • ' . . ... w,.;: .._ :.. : J •■ i .%■- >i,/i'- ii it ^<4«)MM«*«.. ^:, 'r^. ,"r- 1 .v., '''■, :^:' ■ v..t^ ^^^^5 ^^