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(I DIALOGUE O N T H B PRINCIPLES O P T M S CONSTITUTION AND LEGAL LIBERTY, COMPARED WITH DESPOTISM; APPLIED TO THE AMERICAN QJJESTION; A N D T H E PROBABLE EVENTS OF THE WAR, WITH • Obfervations on fome important Law Authorities. JUSTICE AND HUMANITY ARE THE HIGFIEST INTERESTS OF A STATE j AND THE PURSUIT OF THJiM, ITS NOBLEST EFFORT. T/iis England never did nor never /hall Lie at the proud foot oj I. Conqueror^ But IV hen itfelf did help to avound ufelf. *' Let unity and peace'' come home again ; Come P the three quarters of the ivorld in arms. And nve fhall fhock them.— Nought can make us rue, -j^: If England to itfelf do rejf but true* , Shakespeare. LONDON, Printed for W. Oyvi^N, in Flect-llreet. 1 7 76. T- ERRATA* Motto, 1. 1, dele to.*-P. 5,/or Europe read Corcyra.— P. 17, at th c, fw Phil. rtadhvA. and Jo change reciprocally for tbtfix next paragrapl-r.- Dele Phil, before the words Can any other. — P. 48, read I do not J:no aiuchof the fentiments of thofeout of the houfe as to America.— P. 5 1. full point and place , ——P. 00, 1. 2, after is infert his.— .1', 90, nft titei put )— — P. 53, dele the Parliament when it Ihali have fervcd : a/ iorrige if ever it (hall have fervcd. '< ■( V %^ 1 A rtlALOGUE, &c. » A Ariftocrdticus, "TTT HEN rebellious Colonics are ▼ ▼ rifing againft the parental auiho- Hty of the mother ftate, when they are bppofing by arms the fupremacy of the Britifh Parliament, when they are in- gratefully repaying our care, our immenfe cofts, our wars in their defence, with tu- mult, diiloyalty, and treafon ; when they afFed independence ^ when they league m unnatural aflemblies, and a mock legifla- tion, in defiance of all order, juftice, and good government ; are we to fit patient for ever till they invade us here, till they burn our fleet in the Channel or in the Thames^ ( 2 ) Thames, and fire our towns, and inveft' the metropolis, the palace, and violate that Majefty in pcrfon vvhofe laws and authority they have fo long and fliamc- fully infulted ; or (hall we, in fpite of in- terefted, difcontented, foolifli clamours, in fpite of a ridiculous and diforderly reiift- ance, adl with a vigour that becomes the dignity of Great Britain, her immenfe re- fources, the might of her invincible fleet, the irrefiftible bravery of her troops, and condudt of her generals : thofe general's and thofe troops who have traverfed the world with vidtory j and fliall not that arm which has fubdued the power and haughtVnefs of two of the moft formid- able monarchies in Europe united againft her, chaflife the mad infurredions of her infatuated provinces, who owe all their ftrength to the power they refid, and who muft learn that duty by force, which they. will nototherwife be taught ! — This was the language of ^rijtocratkits in a con- verfation between him and Fhilode?nus \ matter a T> liW! { 3 ) •matter where, nor the time or place. And Philodemus replied: Phil. A man who is pre-pofTcfTed on the other fide, would perhaps fay, not with anyforce to be fure, but with a little plaulibility, that the parental authority is for comfort and fupport, not terror and cruelty ^ that the fupremacy of Parlia- ment was vefted in them for the liberty of the people, not for their opprefFion ; for their fec.urity, not their deftrudion : that if the expenccs, wars, and care were for the fake of the Colonies, we fhould permit them to be grateful, by leaving them fomething they might call their own: that tumult, difloyalty, and trea- fon, were harfli names; but that there was neither difloyalty in their hearts, nor treafon in their adions ; that they took up their arms unwillingly, and (hould lay them down with pleafure when they had done juftice to the conflitution, of which they were co-heirs with us; and, far from a defign to invade, wilhed ardently B 2 for ( 4 ) for the time when they might, as for- merly, fight only in the caufc of Britain, and for the common liberty, glory, and fafetyj and that, if the danger may come home, fuppofing we fliould drive them to delpair, as I think nothing more probable that that it will; nor any pidure of the horrors of fuch a war at our doors, too exaggerated i is jt not proper for their fakes, and our own too, for the peace, fafety, and honour of our king and coun- try, to confider, whether it be certain, that in juftice and in honour, we are bound to rcfufc, and rifque the driving * of them to thefe lengths? Arift. Can you doubt it in loyalty or juflicc ? PhiL If they think it injufticeand diiloy- Silty to fupport the claims of the American Colonies, let them learn, that every Co- lony while it is well treated, honours the mother ftate ; but when injured is alienat- ed 3 for not to be flaves were they fent ~ .V . * ' ' forth. f ( 5 ) forth, but to be like thofe who are left behind*. . .. This is the language of a people two or three thoufand years ago ; it is now the Janguage of America ; and if it is the voice of truth, I am afraid it murt fpeak the fame forever, I am not enquiring whe- ther Europe had an equal right to hold this language i a better right they could not well have. 1 will only offer a few parting words, and if nofpeedy change of meafures (for men without that will fig- nify nothing) does at length take place, I muft fit down in filencc, and mourn over the ruins of my country : with this bitter confolation, that we have made them for ourfelves. Arifl. But, Sir, wh; fo angry, unlefs you mean to be eloquent, and alarm us, as moft orators do, with dangers which exifi; only in imagination. ' -^ ■ Phil. ( 6 ) Phil, I do not nK:iii to be eloquent, tinlefs words could roufe a fpirit in my countrymen : thofe whom the adions pafling before them do not fill with hor- ror and indignation, have my leave to be cool ; I am fure words cannot make them otherwife. ' ' , ^riji. What would you do then with words ; the people are fatisfied, the mini- ilry is wife and vigorous, and fruitful in expedients, and incxhauftible inilrength, and it is quite in v-ain to fpend your breath in oppolition, in favour of a factious, fenfelefs, and ingratefu?. rabble ? Phii, I believe it is in vain, for if elo- quence or arguments, authority of men^ reafon, or experience, could have con- vinced them, they would have been con- vinced long ago ; but I would wifh to lighten fome of the abufe which I find thrown on the Americans, and on thofe who are called their friends, and who I believe are not their enemies, bccaufe they think it inconvenient to become the 4k eneaiies ( 7 ) enemies of liberty, and of humanity, and becaufe they think it is the caufe of thefe, the caufe of Great Britain, and of man- kind. . Artji, They think what is for their intereft, I doubt my friend, and bawl and bellow for liberty, and yell out black and bitter days ! to be huzza d by the mob, and finally to get a place. P/z//. If acrimony of language were a proof of guilt, the champions of govern- ment have condefcended to beftow that proof moil plentifully on the friends of America, which is now, I fuppofe, a name of ignominy, as well as on their Ameri- can brethren : they will pardon me for calling them their brethren, and I hope fb will America. . Arift. You are pleafed to be fatirical,. but America feems tired of the relation, and I doub'i will force Great Br'^aia in a little while to diibwn it, ; V P///7. America is wronged; fhe is not a- flaamed they have ever gloried in the name T ( 8 ) of Britons, as the name of liberty, glofy^ and virtue, of every praife, and of every blefling. Arijl, And yet they are throwing our government behind our backs, and in- fulting the laws andconftitution on which they are dependent, and to which they owe thefe blellings, and talk of them much, but know not how to value them. '' 'Phil. It is not true : they love and ho- iiour their mother country ftill, and it may be long I think before they forget her benefits, however injured, however infulted, however mifreprefented or mif- taken j but they think, and are perfuad- ed, that they defend the Conftitution. Arijl. What \ ray is the Conftitution but the Parliament ? FhiL Do you mean to fay, what is the efFedt but the caufe, a part but the whole,- that the means are to be regarded for themfelves, and not for the end ; that the , truAees are the abfolute owners of the cftate -.51 n ( 9 ) cftate, the guardians the heirs, and the ilewards lords over the property com- mitted to them ? -^r^. A great deal of this jargon has been talked, but I do not know why, but to confound and bewilder the people, and turn all conftitutions into anarchy. I wifh you would explain yourfelf. ^ P/iiL I thought I had J but I mean that neither the confuls, nor dictators, nor tribunes, nor kings, were the Confti- tution at Rome, but means intended to preferve it, j^nji. What then, we are to have one while a Parliament; one while an Houfe of^Commons to call themfelves a Parlia- ment, and turn the Lords out of doors ; then a Protedlor, a King, then a govern- ment of faints, and then all the chimeras that Cromwell, Milton, Locke, Montef- quieu, Plato, Sidney, RufTel, and I do not know who of the tribe of enthufiads, hy- pocrites, fpcculatifts, and mock patriots, C .that « t 1 ( 10 ) that have been, and will be, can think of coining? P/u7, I fay nothing of Cromwell, but that I believe with Clarendon, he was a great bad man. Milton had his errors, as the fun his fpots. You do Locke and Montefquieu great honour to clafs them with Plato as fpeculatifts and dreamers. Plato would have been glad of their com- pany, and would have thought their dreams the dreams of Jupiter. And while you catch at his abfurdities, have you for- got his divine ideas of a future flate, of juftice, and of aflimilation to the Deity; a likenefs which I believe we fhall fooner yeach by doing good than by doing harm. -As for Sidney and Ruilcl, fpoken of as hypocrites, I leave thofe who can think think them fo, to the comfort of the thought. As fcr the Conftitution I do not mean it (Lould change at every breath ; 1 think the Parliament, confiding of the f.xecutive power, the Lords and the Re-- prefenu? ,■*':?* 1 ( " ) prefentativCs of the people, is an efTentlal part of it : but if the Parliament be an ef- fential part of the Conftitution, it cannot go beyond the Conftitution : if it does it will not be the Parliament which the Conftitution of England knows, but fome* thing elfe. Arijl. But how can the Parliament go beyond the Conftitution ? is it not apart of the Conftitution ? Look to Lord Coke; confult Lord Camden> Lord Chatham, and all the ableft advocates (however they are pleafed to be fo) of America, and afk if the voice of Parliament be not in law the voice of the people, the voice of the Conftitution ; if it do not bind per- fons beyond Tea, perfons unborn, perfons who never heard of the a6ltj becaufe it is the confcnt of all. Phil, Certainly. jiriji. Then you are condemned out of your own mouth. PhiL Do not fing Te Deum before a vi(ftory : the voice of Parliament is the C 2 voice w i^l s \\ ( '2 ) voice of the people, becaufe the people' choofcs them ; it is the voice of the Con- ftitution, becaufe the Conflitution has al- ways faid the people (hall have a Parlia- ment, fhall have men chofen by them- felves, and therefore properly reprefent- ing them ^ and if a man goes a voyage^ or on his travels, and an ad: is made, it is an adt made by the Reprefentatives he chofe himfelf ; and the moment he fets foot on Englifh ground, he fliall as much be bound by all the adts made in his abfence, as thofe when he was prefent j for if he had been- prefent he could not have made them with his own lips, unlefs he were a member. They fhall bind people un- born, till thofe people by their Reprefen- tatives repeal them, becaufe men who come into fociety, mufl: be bound by the regulations fubfifling in that body of men, amongft whom they live, till they choofe to alter them, which it is not fit they (hould do, by a lefs power than that which made them ; they have had the benefits- i-f I benefits of laws in which they had no fhare in making -, and they may have their fliare in remedying the inconve- niences. /^rf/l. Well; and is it fit America fhould alter our laws by a lefs power than that which made them ? or is her power equal to that of Parliament ? But they grafp at every thing. P////. She docs not think her power equal to Parliament; (lie can make no laws againft the Conftitution ; but Hie wiihes to obey the Conflitution, which fhe thinks does not permit thofe to be taxed who are not reprtfented, f jirifl. So then all the difference is, that Parliament can make laws againft the Conflitution, but America, you luppofe, cannot, ^ PhiL I think that Parliament feems as if it fuppofed it could m^ke laws againil the Conflitution J and though it derives its power from reprefentation of the people, do fomething which neither itfelf by the Confli^u- .■•> n f 14 ] Gonflltuliori can do, nor the people that it reprefents. • • ;• - ^nyi. How do you mean ? { • Phi/. Suppofe there were no ParHa-* ment here for a year or two, who (hould tax the people ? j^ri/i. I do not know, I fuppofe they could not be taxed. P/u'L Why? jirt/i, Becaufe the Parliament is the only power which can tax them. ;• P/;/7. But why not the King? Jlrt/i, Becaufe it is againft the Confti- tution. r) Phil. Why? when the Parliament is out of the way, is not the power of the ftate in the King ? Ariji, No more than it was before j he can make no laws. PhiL So then there is a power which can difldve Parliaments, but cannot fup- ply their place, for the purpofes of tax- ation, without creating them anew ? AriJi, I believe it is fo. You remember' th» ( 15 ) the cafe of fiiip money is now univerfally held not to be law. Phil. I remember it as a itriking inftance, where reafon, natural juflice, and the principles of the Conftitution, triumphed over learning, authority, , precedent, fubtilty, power, and all the fpecious , pretences of expediency and public neceffity : thus I ufed to think of it, and I find fo do you. But are not you afraid we were wrong ? ; : Arijl. No, furely. PhiL Why I thought the ground of confidering that determination as illegal, was, that no colour of prerogative, no authority of precedents, no arguments of convenience, nor even the fpecious fem- blances of national fafety, and the necef- fity of fuch a power for the defence and honour of the kingdom, could make that law to which the people had not con- fented? . ., , , ^^ Arift, Yes ; but when there is a Par- liament, the people confent becaufe they are reprefented. • * ' Phil, nr 1 w < i6 ) P/;/7. What thofe who choofe the members are reprefented by them ? ' ^ yfr^. Yes, and fome who do not choofe them. P/iiL How are they reprefented ? u^nji. Virtually. Phi/. Can a whole body of people then be reprefented virtually ? ^ri/}. Yes. P/ij7. How comes it then that the King, when there is no Parliament, may not virtually reprcfcnt that Parliament which he basdiflblved, and the powers of which muft:gofomewhere;andif herepre- fcnts thciD, he may reprefentthe people. j^ri/}. No»ne but the Parliament can reprefent the people, and the King cannot repr^fent the Parliament ? ., ^v P/iil, So I underftand; but I afk the reafon, and not the fadt. ^ri/i. Becaufe if he did, the people would not be free -, and it is againd Mag- na Charta, and many Aatutes. - ' Phi/, I undcrfland from Lord Coke, ■ -*■ ■ ■ that ^~ ■V I 1 % '-■l, ( '7 ) , that Magna Charta in this point, and mod others, is a declaratory ad. Phil. I believe it may. Ariji. Then the King could not have done it before Magna Charta ? PhiL I Aippofe not. r v' f: : • . { J: jlriji. Was there any written law be- fore that, to hinder him ? ' '' . PhiL I think not ; at lead none that is known. - » - - Arift. Why then I fuppofe he could not do it, becaufe, as you fay, the people would not have been free, as by the Con- flitution they were and ought, becaufe he cannot reprefent them as the Houfe of Commons does. PhiL Can any other man reprefent them againd their con fen t} or without it, if the King cannot ? Ariji. No. ,^ PhiL Or twenty ? " - Arift. No. " ''"' PhiL Or five hundred ? Arift. No. ..? i ^ D , Phil, I i 3 J ^i5 ( 1 8 ) P/ijL Then five hundred would not make a Parliament, if the people did not chufe them ? - -^r^. No, nor five thoufand ! . ^». P///7. But when they arc chofen, can they choofc any body to reprefent them, as proxies? ' "^ j^rtft. No : for Lord Coke fays, they are but proxies, and therefore cannot make proxies j no, not a (ingle member. P/;/7. Then it feems a whole people here cannot be virtually reprefented, that is, by members not of their own choice : this agrees with the rule of law, that the fidion of law always includes equity? u^ri/t. It does ; but I don't know a peo- ple out of England may not be repre- fented by members not of their own choofing — I want to be inform'd. P/i/7. A proxy means an agent, does it not ? to do fomething for me, which otherwife I mud have done myfelf ? Arift.Yts. ' • ' ^-^ \. PhiL Can he do any thing for 'mc which I could not have done myfelf ? Arifi. ■'a 'I ■ ( '9 ) Arift, No ; for Lord Coke and common fenfe will inform us, that a derivative power cannot go beyond the original. Phil. Could I or all the people in the county where I live, lay a tax on the peo- pie of another county ? * Arijt, No : for you have not their con- fent to reprefent them. f . '. Phil, Can I employ an agent to repre- fent them ? ' ' ''' "^ '^ ''''^- Arift, No, furc, when you can't do it yourfelf. '' '''^*-^ '* '' PhiL And fo if all the counties but one in the kingdom (hould fend Reprefenta- tives, and that one county was not permitted to fend any, that county could not be taxed. ' '^^^ ^ * Arift. May be not. ' * '•*»' 'l^'I <"> PhiL Nay fure not ; for you have ad- mitted the Reprefentatives are agents, be- caufetjiey reprefent the people. ''-''" ^^' Arift. Right. ^-V.' / Phil. If I make an attorney, proxy, or deputy, will he be your attorney, proxy, or deputy, or mine ? , D 2 Arift. ^iU^ . ^ ( 20 ) Artff. Mine, certainly. ' '" Ph7. Then I can't appoint a bailiff for your eflate without your leave ? j^rj/t. No : would you think of treat- ing a fellow Englifliman as a flave in Turkey ! Phi/, Then much lefs an agent for ^ county, without leave of the county ? jin/f. Yes. : ^ ^ FhiL And ftill lefs for the people, with- out leave of the people. What are the people ? „ j^rtft, Epgliihmen and freemen. ^^; PAil, Becaufe they are Engliflimcq they muft he free then ? j^rtfi. God forbid elfe ! fhould you like to be born an Englifhman, and be a flave! Pk'L Why are they Engllihmen ? j4n/f, Becaufe they are born inEngland. PhiL So an Englifliman cannot be born out of England. If he were born in Tur- key, he would be a Turk ; if in Caffraria, an Hottentots if amongfl Swift' Yahos, i ■^ i ( a ) a Yaho; if in a Ruffian defart, he would be a Ruffian bear. Arijl, No, he would be an Engliffiman flill ; if he were born of parents who were in the King's allegiance as natural-born fubjeds. Phil. He could only be an alien, if born abroad, though he came into England. Ariji, True, ♦ ' PhiL So then it is not the foil that makes an £ngli(bman ; but the fons of £nglifhmen are Engliihmen all the world over? ' ' Arift.Yt^'y and the fons of aliens, if born in England. ''"' • • ' Phil, Is one Englifliman entitled to be lord and mafter over another, as I over you, for inftance, becaufe I am here, and you are abroad ? ^ ■ -•' - ^ Ariji, No; we are all brethren and equals. ' - -^ - -^ - -^ v , PhiL Equals then cannot command equals? Arift, No : the law and reafpn fays, they cannot. Phil. ( 22 ) Phil. If one equal cannot com^iand another, perhaps a thoufand or five hun- dred may ? Arij% I do not know. ,., •11/ ■ r Phil How ; for they will ftill be but equals 1 and if one fellow Englifhm^n cannot comnoiand another without his confcnt, fifty may have more force, but they cannot have more right. - a- ^^ Arift, I believe you fay true. PhiL Then I cannot make my, equal accept my proxy for his ? Ari/L No. Phil. We faid juft now our Reprefen- tatives were our proxies : then I cannot make my equal accept my Reprefentativc for his ? f f' Arift. True. ^ Phil. And numbers will make no dif- ference ? Ariji, Allowed already, ' PhiL Then all the people here cannot make other people, their equals, elfe where, accept all or any their ReprefentitUves, as a •^ ( 23 ) • as the'Reprefentatives of any body there; and Engli(hmen are every where equals. Ariji, I own it. Phil, Then all the Engliftimen here cannot make the Americans accept our Reprefentatives as theirs ? Arift. This looks like proof : but can fo many wife men be miftaken ? PhiL Do you think the King's Procla- mations can have the force of a law ? Arift, No : for it is not a law, unlefs the people confent to the making of it« PhiL And yet there were many wife men who thought the King's proclama- tions might have the force of a law -, and the Parliament enaded they (hould, in the reign of Henry VII I. Arift, Yt^, PhiL Did not the. judges determine, this adt did not extend to fucccffors ? -^^. Yes they did. ^f- PhiL Does not the name of JCing in- clude fucccffors ? j Arijl. Yes it does. ' "" Phil, ^^■^^Hln r iliif '' Kill i'l I '! ■ li' t If ^' ^ 1 j- 'j' • 1 1 ( H 1 P/;/7. Did not the judges who deter* mined it, know this ? jirt/i. I can't determine. P/^/7. What ! did they know that max- im of immemorial antiquity, that the King never dies ? J^nji. Yes, doubtlefs. ^^ / PM. Why then can that which diei not, be liable to fucceflion, or is it one always ? ".■-•'■' "'^^ ' '■"--■'' " - ■ . r >; ArijT, One certamly. ^-x^ ThiL Then the King is a name equi- valent to that of the Royal Dignity, and includes fucceflbrs and Queens regnant? Afiji, I think fo \ and I believe Plow- den, Lord Coke, and Judge Blackftone, tell us fo. r ThiL Why then they were miftakeni in fuppofmg it did not extend to fuc- ceflbrs ? • :- Arijl. Perhaps they might, ThiL No : but I fancy they thought the Parliament miftaken, in thinking they could give this power to the King; if they could ':itK e y y d [ 25 1 could have done it, they knew fucceflbrs ♦»« l«»*.*C took it of courfc/ ' " *^ Arift. Itfeems rather doubtful. 'I ''^'' PM. Do you think Popery the true re- fir ligion ? Arift, No, I do not. ' ^^^ PhiL Yet when Popery was the efta- bliflied religion, laws were made by Par- liament, on the fuppofition of its being . %f%f, * A. , •>'*'\'' »*i»- true *? : Arift. Yes* Phil. Then you think Parliameht may bemiftaken? -l c^di nir^h biuonx- c^^u Arift. Yes. » • \^- - • • Phil If my agent miftakes in a private matter^ I will pafs it over, if the peace and intereft of many others require it ; but if he is miftaken in a public matter, whereby the public intereft may fufFer, and goes be- yond his commiflion, fhould I wifli him to continue his miftake, or require him to retradtit ? ^ * Vide I and 2 Philip and Mary, cap. 8, par- ticularly, E Arift. f 26 1 Arift* Not to contiaue ia it, furely. FbiL But if I acquiefGcd, could I bindi other peoplei who had CufFered in their right» by his exceeding his authority ? Ariji. No* FhiU The Commons of England in Parliament are the Reprefentatives of England y they are our agents* and not tbe agents of the people of America., AriJL True. — ^ ^^ ^ FhiL Then if they have afled as if they were their agents, they whofe agents they are, ihould defire them to retradt^ ^^ AriJl. May be fo ; but if they do not, the people (hould acquiefce. PhU, Would you advife us, or the peo- ple^ or tfaje Bi(hops to acquiefce, or the Clergy of England^ if the Bifliops were not permitted to vote in Parliament ? Arifi. If they were not, it would be faard«. PhiL Yet you know it was propofed^ .;^ud perhaps you know Lord Clarendon oppofedit, becaufeit would be unjuft to t tax ( a? ) tax the Clergy, if they were not repre- sented by their own body *. ^'^ Arsft. He did, Phih Well, if it was hard to tax the Clergy who live amongft wsj and who may vote at cle^ions, will it not be harder to tax a whole body ef people who do not live amongft us, and cannot vote for Re- prcfentatives ? Arift, I do not know what to fay to this; but Lord Camden, and Lord Chat- ham told them all this, and raifed all this ftir. % ^>.'. t ■».('< ^ A bill being brought to take away the Btfirops votes In Parliament, and to leave them out in all commiffions of the peace, or any thing that had re* lation to temporal affairs, he was very earneft for the throwing it out, and faid, if they were takem out, no body was left to reprefent the Clergy, which would introduce another piece of injuftice no other part of the kingdom could complain of^ who being ali reprefented in Parliament, were bound to fubmit to whatever was enabled there, becaufe it was, upon the matter, of their own confent ; whereas if the bill was carried, there was no body left to reprefent the Clergy. Vide the Li fi ef Lord Clarendon, Ez Phil, . H ji)- 11 11 ifi. ( 28 ) . PAt'J. There needed no ghoft to tell them thefe plain truths. They were Eng- lifhmen, and without oracles could know thisi and I believe felt and aded on thefc principles, before either of thofe Lords had fpoken about them, I rather fufpedt Magna Charta the flat, of 28 E. j, Reafon and plain fenfe told them this, and that the inconfideratenefs of Government, to fay the leaft, obliged them to apply this knowledge to pra^ice. But they are abufed for being tempted by Lord Camden and Lord Chatham, ^s their enemies will have it, and for being difciples of Locke j and I expe(fl foon they will be fpoken ill of for being reafonable creatures, that is to fay men. .«- ;.> ^,^^-^-1 i Ariji* Well, but they may be reprefent- ed here, - . PhiL How ? ' ''' l\ Ariji. Thofe who pleafe of them may come and refide here, and vote for Repre- fentatives ; or if they have property, b^ Reprefentatives thcmfelv«s. , Phil, ■ m ■• I. . -w M v>* <» »> ( 29 ) Phil. An eafy method of reprefentatlon —but pray when they come here and vote, or arc themfelves chofen, where will they fit ? AriJL Where will they fit ? — where our Members fit, in Weftminfter, . PhiL There will be fo many of thefe American Reprefentatiyes— but will they be in no danger of being out-voted ? Ariji. I cannot fay that; any body may be out-voted. Phil, Yes, even a Prime Minifter : but fuppofe not, did you think our Re- prefentatives would anfwer the end, if they were to transfer themfelves and their property to America ? r Ariji, No : for they would reprefent America rather than England. Phil. Would not the cafe be the famo qf American Reprefcntatives coming here, they would reprefent iPngland and not America ? jinft. I cannot diftinguifh; but if therq \% re^fon in this, the Americans never faw It; '',A I'P V it'''' ( 30 ) i( ; they are head-Arong malicious hy- pocritcsl ; . P///7. Nay, but you have grtntcd they are Englishmen, our brethren, our equals : when I fay that I wifli to cafe America of the burden of thefc afper- fions, I confefs that I do it more for our fakes than theirs : they have fufFered, and are to fufFer more than words, if our prc- fent war proceeds : I wi(h only that we could think better of them (or perhaps I fliould have faid, fpeak better of them) than at prefent fome zealous writers and fpeakers have chofen to do. I believe in truth, that many think much better of them than they fpeak ; or elfe fpeak and write without the trouble of thinking or examining. The juftice of our war againft them may appear differently to others ; for myfelf, I am forry for the Revolution, and forry that Magna Charta, or the Bill of Rights, ever paffed, if our war againft them be a juft one ; for the fame meafurc of ( 3' > of jufticc feems to me to have been dealt to us» when we had recourfe to arms, to deliver ourfelvcs and pofterity from its ef- fects ; and had Magna Charta, the Revo- lution, and the Declaration of Rights^be« fides infinite other Aatutes to aiTure us, that neither we nor our poftcrity, Hiould •verhave that kind of juflice done to u» for the future,. I am forry too>. that an AiTembly yf Reprefentatlvesy a Council, and a Go-* vernor, were ever eflabliflied in the Pro- vinces-»if this image of a Parliament was in truth no more than a kind of larger parifh veftry, as it has very quaintly and candidly been reprefented. Indeed it will not be quite fo good, nor fo free a things as the veftry of the pooreft parifh in Eng- land ; (ince that is compofed of people who tax themfelves for the fupplies of the parifh ; and if any other fupplies are want* ed, tax themfelves to them by their bo« rougby or at leaft their county Reprefen* * tatives ^ X( f-' ^ .! fiiO !|M i;;'! ( 32 ) tatives ; which Reprcfcntativcs go fliarca with them in the burden ; and if they be- have ill, the fufFerers know their remedy, for the fufferers arc thofe who choofe them, and who are not obliged to choofe them again : fo that, Mr. Gravedigger of Hindon, if you will, may have a larger power in the difpofal of his property, and a freer enjoyment of it, than two millions five hundred thopfand of fellow Englifli- men on the other fide the Atlantic. j^rifi. Aye, but they are a great way off! —^ Phil, The countryman inltaly was fatisfied with that reafon, for not believing in the Pope: and if it were meant as an argument wliy they fhould not believe they ought to be taxed by a body of men, of whom they know little more than of the Pope of Rome, nor fo much as of the Bi(hop of Canada, there might be fome folidity in the reafoning : more than I fee at prefent. ' "^Ariji. Yes 5 but if they do not know ^ '"-■■* who m «' to icy of of ho % ( 33 ) who taxes them they are to thank them- fclvcs ; they left many enjoyments and privileges ; and this amongft the refl:. P/iiL That they left many is certain : apd are they therefore to lofc all ? j^rtfi. Yes; thofc of which they are become incapable. They cannot be rc- prefcnted here. PhiL No: they cannot, anymore, nay, much Icfs, than the Irifh. America there- fore ought not to be taxed here, any more, nay, much lefs, than Ireland. Ari/i^* But did they not go from Eng- land, and fettle in America ? Phil, Yes : and fo have many gone from England and fettled in Ireland : tax them alfo. Arift. No: in our fupremacy we tax whom we pleafe, and exempt whoQi w? pleafc. PIiiL But when, except in the cafe of America, did we ever attempt to tax thofe whom we did not reprefent ? Arifi. Why did we not before the time of Henry VIII ? F Phil. W 8;r m m p. i ( u f ' Phil. The cafe, the circumflancesy and one fliould hope th.c times were very different. What became of this when our knowledge of the Confti- tutlon, and the neceflity of Reprefentatioo cncreafed, and Wales was fettled, and our civil wars ended, we (hall f^^e by and by if any be ignorant. Arifl, But have we the lefs r^ght be- caufe we have not exercifed it before ? Fhil. No '.but when a right is difputed, its never having been exercifed for^ a courfe of ages, is a flrong prefumption, where its exiftence is not neceffary and certain, of its non-exiftence; efpecially if the occa- lions have been frequent, and the tempta- tion flrong to exercife it, if it did exift, and the power was not wanting, and the plea fpecious, and the acquiefcence probable ? Suppofe then. Queen Elizabeth, her finances low, her influence over her Parliament vaft, and arbitrary ; Spain trembling beneath her nod -, France her ally, her friend, almofl her tributary; the ; ^ tyranny 4.4. % .;'.'.i'; '^^ ■■■■t ■m ( 35 ) tyranny of the Pope broken ; the United Provinces rifing faft into greatnefs, under her aufpices and protedion : Ireland fnnart- ing under the rod of conqueft, and con- fcious of outrageous cruelties in her re- fiftance to England; fuppofe (lie had flretched the arm of Parliament over that nation, fo obnoxious then to refeniment, fo near, fo fatally convinced of her power ; fp fliaken and divided in itfelf ; fo defo- late, helplefs, and dej,edled ? Was there ever a fairer opportunity, a more obfequi- o,us Parliament, a people lefs capable of rcfi^] ( 36 ) its own Parliament, or EliL'iabeth's, were the taxers: and a country, newly con- quered, with fuch circumilances of fero- city in their refiftance, had little indul- gence to expecfl, and little oppofition to make; the people being probably as much opprefied by their rude and favage de- fenders, undifciplined, ungoverned, law- Icfs, without order, without notion of li- hcTty, or regular fociety, as they could be almoft even by a foreign Parliament. But the Americans are not com- pofed of fuch a fet of brutal clans ; they have order, knowledg-j, difcipline ; they know the ends of fociety; they know the principles of our common Conftitution, they feel them, they have lived and been Jiappy by them; they have no idea of life without them. They cannot think of them fo meanly as extrinfic accidental cir- cumftances, which can veft and divert as they change their place. Their fathers were free here : did thev ?o to be Haves ? ley go Did /'^ . s »i'' ( 37 ) Did they go that their poflerity might in- herit flavery ? Or went they to be like thofe whom they left behind ? They ./ent for liberty of confcience, and of pro- perty. Whatever they had gone for, thefe would ftill have clung about them. They were not at liberty to convey thefe from their poflerity ; or to furrender the privi- leges of the Conftitution, though only for dicu own lives ; and (hall they lofe what they crofled unknown feas, and flood all the hazard of favages and climates to re- tain ? When if they had fled as far to avoid freedom, as they did to prefcrve it, their madnefs might have punifhed itfelf; but could not have given rights over them to the ^\f ;ojice of others. ' Arijh i; Ui, diey lofl them neceffarily. 'Phil, And is fervitudc a necefTary con- dition of Britons in any quarter of the globe ? Or is it not fervitude, that an- other (hould take what he pleafes of mine, withott my confcnt given by myfelf, or piy deputies? i V '' . ^ , Arift, 'II f H'. 1' rM !"■■ j: ' 'hi 'ilii i ( 38 ) ^r//?. Yes ; for it is the condition of Engliflirnen here: many of whom have neither a voice in Parliament, nor choofc any to vote for them. P/iiL If they are not of any Borough, they pretty eafily may ; or if they do not choofe that, they cannot help being of fome County: and whe~e will they find a County without Repreic lives ? And what is the property required to make them voters for the County ; about fifty times lefs than qualifies them to (hoot a partridge, and five times lefs annual in- come, (freehold indeed) than amounts to the rent of a tenement to gain a fettle- raent. And if they have not this pittance, i\i\\ they do not (land alone ; they dwell with, they converfe with thofe, who choofe Reprefentatives ; and who are fo blended with the unreprefented part, that if the reprefented are not opprefled, it is not eafy to cpprefs, by the fame tax, the 1141 reprefented, who inhabit the little huts of the others, and have little to do with '^l"^- land'.' m ■ ■• t a. n- to 11 o (o at is e Its h m ■:^ ( 39 ) land-tax, window-tax, or even poor's rate, except receiving ; and fo far from having contributions raifed on them, that they muft live by contributions. They cannot tax their rags. '*. j^rjp. But do not we tax their beer, their bacon, their chcefe. Phil, I will add their bread, if you like it. What is the confequence ? They muftpay the tax, and the pari(h mud pay it back. Which perhaps is much the cafe of taxing a country with which one trades. ^^ ^ v Befides, this beer, bread, bacon, and cheefe, all thefe the honell: voters eat, drink, andconfume^ and in larger quantities than the poor unreprefented miferables. So that if they will tax thefe poor creatures, they muft not only reim- burfe them, and with interefl:, when thrown upon the parifh ; but they muft tax their own beer, bread, bacon, and cheefe ; and not only fo, but the mem- bers themfelves in Parliament muil feel ' all " ii '1' i; ■;! ( 40 ) , all necefTaries, and even delicacies and fu« perfluities, rife in proportion* Arijl. This laft circumftance indeed, that a tax on one article is in efFed a tax on all, is not fo immediate and direct in view, as the precedent. Phil, But I take it to be no lefs certain. ' Arifl. Why then this vf'iW apply to America; and therefore there is the fame fecurity as for ourfelves. . ' ,. Phil. Firfl, I fay, a collateral ir convenience is not fo great a fecurity as a dircdt one, againft the mifchief being done : and next, I fay, that if it be true, as 1 am perfuaded it is, it will lervc not as fecurity againft over-taxing them, but a proof of the ill policy of taxing them; if not true that it would produce the inconvenience to us, then there is that rcafon why it (hould be dangerous to them i for it will be very unfafe for any people to be taxed by thofe who do not feel the inconveniency of taxing them ia any extent. > ^ ' ' " Arijl. 'My: ( 41 ) \^nfi. But it is now declared we will never tax them beyond what is fit 3 be- caufeit is againftour interefts. • ' P/it'L Every thing arbitrary is again ft the iuierefts of the doer; but one might a« well Tuppofe nobody would he a batJt. mafler, a bad hufband, or a bad parent, or any way bad; btca«le to govern by force and fear, where one might and ought by love, is always againfl: one's in- terefl: ; and to he bad in any cafe is a- gainft our higheft interells, temporal and future. ' ^ ;, The argument will hold (Irong the other way too; that the Americans v/ould not refift us v/ithout ftrong caufe, qr necellity, when they have fo much to lofe, and nothing of value to gain, by an unneceiTary refiflance. ' ..,_.: ? But of all wonders, if this be true, Vv'hy do we nat furrender to the King all Quriibertics, and abolish Parliaments; oc to the Parliament, and maiie this Parlin- jnent perpetual, and let them do what r"l I. .V. ■! i:r, It !i. r ii ' ( 42 ) they will wkj the Conftitulion : for it iceriajnh''sth^ . intereft to govern us well, and to keep the Conftitution ; for where can they find a better ? But when was it not their iatereft to govern well, in all thofe inftances, ancient or modern, where kings, nobles, people, have governed ill ? . y^rift. But we (hall never be fo foolifli as to opprefs them, if we can get nothing PhiL Are we fure of that ? They think we opprefs them now; and many think fo at home; and none feem to think of gaining much ; and we are likely to lofe ^ven beyond numbers, or conjedure. • However, to go farther ^ does not aTurk, or a Negro, know, that it is not the rod being always on his back, or his limbs upon the wheel, that makes him a flave, and wrenched, for he would foon be out of his pain; but it is becaufe, if he lives nor/, if he is out of pain now, if he has a penny in his pocket, or a child to hold in his arms, a wife, or a bed, it is ? :., becaufe link of ofe not not his m a be he •he to is lufe ■m { 43 ) tecaufe his lord pleafes. And are we fo dull, as to think oppreffion reds only in corporal feeling, and not chiefly, and above all, in the fervitude of the will to another man's will ; and the property of all I have being his, though the occupance may be mine '""r life, for a year, for i, moment, as he (hall think convenient ? j^rt/i. But do we mean to burn their houfes, murder their children, ravifh their wives, and cat up them and all that Is theirs ? P///7. Unlefs they are obflinatCjIfuppofe. Arift. Why, even then indeed we dd hot mean atl this ; but who knows what may happen. > ThiL I do not fuppofe we have got the Canibal tafte yet •, and it will be fome time before we have ftomachs of capacity e- hough to fwallovv up America at a gulp. But does not Dr. Johnfon, Mr. Wefley^ Dr. Tucker, nay and Parliament itfeif, fupport the taxation claimed in exprefs ' terms, on grounds which would reach all this, an abfohite, uncontroulable, unli- ' G 2 ' mited. it it ( 44 ) mitcd, boundlefs right of binding them in all cafes whatfoever. •' *•' * '. If the power of the Turk, or any power, goes farther than to bind in all cafes whatfoever, it will go a flretch be- yond pofTibility ; and if we have the power thus far, we infift on the right. And can the taxation of America, other than by America herfelf, both as to the mode and the quantum be fupported> on any other principles ? Do we want the mone}^; when will it pay us the war ? When will it pay us the expences already incurred ? . j-lriji. We do not want it • FhiL I am forry then, that wanting nothing, we choofe to put ourfelves fo near the fituation of wanting every thing. ; .. Ariji. We only infift on the right. . j PhiL When we have forced the acknow- ledgment of this barren claim* will it be more a right ? And are we to wade through blood to wafli away the dimnefs of Ameri- can apprehenfior about this fuppofed right, which we cannot well force them to fee; ' and ( 45 ) and let who will fee it, I do not find any . is t) enjoy. ' ' * ^nft. We have benefited the Ameri- cans at a vaft cxpencc f P/iil. Are we to force money from them to pay our benefits ? They have benefited us with their arms, with their money, in the common defence, in the reduction of Cape Breton by their fole force i in aiding us in the conqueft oi Canada. ^r/y?. They did it for themfelves. P/iH. Doubtlefs. And poor difinterefted Great Britain, faved acountry of about four millions of fquare miles, and with two mil- lions hvc hundred thoufand of her own fubjcifls, and a vaft commerce, the nurfery and fupport of our naval ftrength, folely for the fake of the ingrateful Americans. The truth is, we could not ferve ourfelves without ferving each other i nor one hurt the other and not itfelf. I wi(h Great Britain had never overlooked this truth* ^ri/l. But their trade is worth nothing. , U i ' i: ''Ml ■ T I « ff ( 46 ) Phil, It does not look much to our credit to have difcovered this fo late, Ariji, TheGcrman, the Dutch, tb ; Ruf- fian trade are infinitely more advantageous. Phil. The Ruffians begin to help them- fclvcs, and will do daily : and though the year before lad, I am credibly informed^ they fent orders for cloathing of two regi- ments from England, they have fent laft year, I am informed by the fame authority; Orders for none. Befides, do we think the American trade will go no where elfe, if it is loft to us ? When the Spaniards loft the United Provinces, they loft not only them, but a great part of their Weft Indian, and I be- lieve Eaft Indian trade. We, from our fituation, fliould be likely to lofe much more. And yet we are puftiing every thing by land and fea, and forcing earth, and as it were heaven, to get rid of that, with immenfe profufion of blood and trcafure, which furely, if it is not worth the keeping, will not afford either to be kept, or thrown away fo dear. Arijl. ( 47 ) AriJ}. Yes ; but if wc conquer them, as who doubts, they will neither be loft, por thrown away, Phil. I doubt that, if we do conquer ; and bcfides, our conqueft it was faid in the outfct was certain and eafy : I doubt we £.id it now difficult and doubtful. But fuppofe we had all the towns in America, and every man in America at our mercy, what could we fay in juftice or in pru* 'ice, but if you will truft us ; refumc your Conrtitution, revive your cxtln- guifhed commerce, if poflible, rebuild your towns i repair your ports ; encreafe, multiply; pay no taxes, for we cannot tax the ruined j and take money of us, to enable you, two or three centuries hence, to undo a good deal of the mifchief we have done ourfelves, and you j and then, if nothing intervenes, and you will live under us, and we lay afide our pretenfions, out great grand-children may fee their grand-children half as happy as we were l)cfore the taxation of America was ever thought ih:! t ■'11 ( 43 ) diought ofi provided it is never thought cf again. * : . ; Arift, But they muft yield, and all will fcefbonover. , , i . ; 4 . a. i. Phil, This war, I doubt, will firiV cofl: many thoufand lives ; and the conqueft be longer in difputing, than the right has been. ^ Arift. As to the right, the great confi- deration, however, is ftill behind. All the lawyers are for us. . . PhiL They are not too many in either houfe J and I do not know much of the fentiments of thofe in America, out of the houfe. I fuppofe they are not all agreed with miniftry, in thc?fe mea- fures out of doors ; becaufe within doors^ I think the majority are not with mi- ijiftry. • Has Lord Camden ceafed to be a lawyer ? Is the public ignorant of the names of Glynn, Dunning, Feilde ? Are thefe names of no weight, if lawyers arc h f i 4 to J0- i I' ■# s t 49 ] !to decide? Has Lord Chatham forgot- ten, or did he never krow, the interefts of his country ? • - ' jirtfl. All the men of property, inte- grity, and independence, are on the fide of taxation. " PhiL For (haine, let not this be faid after thefe names, but now cited in one profcffion, and fuch only of the pro- feffion as are in one order of the (late, and ithat extremely thin of them. Ari/L All the Clergy, . r PhiL Have they forgot a Shipley ? Ariji, All the merchants. PhiL Except thofe v/ho have pe- titioned againft the war, or are ruined by it, and too remote to petition 5 or for feme other reafon muft not, or cannot. - Arift. All the people. PhiL Witnefs almoft every corporate town ii^ England, many ;n Scotland; vatnefs the ; etition from Dublin. I \vi(h the miniftry could fee toge- ther the names of thefe few malecontcnts ; '■'• yi * M \ [it m Ih': Bl ** Bli' 1 ( 5» ) they would be glad that they faw thein pnly upon paper, like our credit and our refources. What thofe refources are, Dr. Price will teach j or if he is not believed^ yve muft learn of time, .r:^ . \ Ariji. But what matters the diffatisfadlion pf th^ people in England ? The funds, a ftanding army, and, above all, the treafu- ry, will tie up their hands. Phil, Government methinks ought to fiiuddcr at the thoughtsof holding anation, fuch as ours was, by a tenure more than flavilh; the tenure of corruption as well as force; and befides, neither (landing armies, jior funds, are eternal; and extreme power, by whatever means acquired, cvfcr has produced, and ever will, its own deflruc^ tion. Immenfe revenues, arbitrary con- tributions, a {landing army, a fervile, ve- pal, effeminate people, the Roman Em- perors had ; the rema'us of the Roman bravery kept them alive till that died, the lad of all their virtues, and fated not long to furvive the refl, and left them a prey — to % \ I ^ ( it* ) 16 a deluge of barbarians, whom their fa- thers would have difdained for their ■'..-«.)■■ jQaves. ' ^ri/l. Yet fuch gdVeriiments are quiet, and I do not know whether any defpotifnfi is dot better than the tyranny of the mob. A free government I think yott call it? ' '^ *• •t>^• PhiL Yes: to be fure fuch govern- ments are very quiet : there are no infufJ. fedlions for liberty, no conftitutional Re* volutions. In Turkey, the throne ii transferfed to a hew defpbt, as foon as the former has made a vacancy by the natur l dlfeafe, the bow-ftring, miniftered by his guards; unlefs their rare fidelity, as it fonietimtes happens; fhould fecure him thd benefit of efcaping that fate, to be burnt in his palace by the rabble. As for minifl:efs, they have a good time in an abfolute government. No im- peachments, no long and tedioiis profe- cutions ; they may enjoy the favour of the t'rince to the laft day of their lives, and H 2 to \ % Mi" ili IHil^ Ce ( 52 ) to the end of perhaps a fortnight's admi- niftration, or poflibly half a year's : they may accumulate immenfe riches, if they will take proper care not to ufe or enjoy them : and all this at the fmall coft of being impaled by a brother vizir> on a little billet fent by the fultan, or his mif- trefs, or a vile favourite : their eftatescon- fifcated, and all their dependencies and relations extirpated (happy that they can have no children) and this not for treafon againft the public j for there is nothing public but mifery : but for being too rich, too fuccefsful, too good (though this fault feldom happens) or too dextrous po- liticians, or too indolent or adive y or be- caufe their mafter does not like their looks ; or they forgot one of his three- hundred titles 5 or for fome other capital crime which his humour happens to fug- geft. And whether one man or five hun- dred is thus abfolute, makes no other dif- ference, than that in the laft cafe there are more refentments to fear, and humours to ^.> 5 n^/M „.^ Ii> '■(:■ ■ *: ( 53 ) to gratify. And when there is a ftanding army, and the forces of the treafury, and the fecurity of the public funds, as checks and fhackleson the reiiftance of the peo- ple 5 the Parliament, when it fhall. have ferved as a fcaffolding for abfolote power to build on, for any prince who may choofe to build, will foon be knocked down and thrown away, and left to min- gle with the other rubbifh of an enllavcd nation*. • -\ . . » , . ' . We have long time laughed at the doc- trine of Locke and Montefquieu, as expir- ing Rome did at Cato and Brutu5. We have laughed at hiftory too 5 can we yet believe authority of men, precedent, or reafon in this fimple point, . that fove- reigns and minifters will be fo far from more fecure, becaufe the people can form perhaps no regular united plan of refin- ance, that they will be in the greater dan- ger. ^ . While Rome was free, (he reflrained all encroachments on the Conftitution, ' without rf IBwl 1^ in.' HI: 1 ii i: ( 54 ) without fliedding of blood : when flit Ivas corrupted, and in great part enflaved, then was the Forum filled with flaughter, and Italy, with fury and deftruftion, and the world with religion. Wh6n flie was completely enflaved, all Was peace, defpaif, and defolation. Sejanus dragged with a hook through the midftof his broken fta- tues by the tnob, his late idolaters : a Caligula ftabbed by his guard : a Nero forced to his own death : an Otho, a VJ^ tellius flain, with tumult and contumely: Tiberius, doubtful whether fmothered b^ thofe who Wi(hed him a fucceflbr, or his own vices ; Seftfeca indulged for his fer- vices and adulations, with the favour of choofing how to die : Lucan facrificed, lefs perhaps for his plot thari the crime of making better verfes than his mafter : the bad fwept away for being bad, wheh their vices were of no ufe ; and the good for being good; the miniftry and the peo- ple worfliipping their good emperors for -:■',■'-'-' - - ,-. • ■ '- --' art jf i ( 55 ) ^\\ their plagues 5 fo that as the temporary hiflorian has it, a thankfgiving flood only for a mark of fome greater brutality, or more furious mafTacre ; and as often as exile and murder iffued from the com- mand of the prince, heaven was thanked for it, and the tokens formerly of profpe- rity, were then memorials of the calamity of the public — and even Petronius Arbiter,^ the maAer of the pleafures of Nero, was cut off with as little ceremony as the al- mofl more than human character of Thrafea ; and Tigellinus the fupplanter of both, (if Thrafea could be faid to be fupplanted) left to fhew, that when com- pelled to die, he could die as fcandaloully as he had lived. Emperors, the lords of free men, the deities of flatterers, and the flaves of flaves. So that princes and mi- nifters have a great intereft: in unbounded wealth, and a ftanding army. Recolledb what has happened in Frances and the attempts of aflafllnation in Portugal, mul- tiplied ' I ( S6 ) tiplied with the cruelty of the punifli* ments. Recoiled vybat kind of infurrcc- tions have formerly (haken the throne of Ruffia; compare the fate of Stephen, I "will not fay the conAant difquietudes of William the Conqueror, with his immenfe riches, and army of Normans ; thiC dif- graceful degradation of John ; the end of Edward the fecond, of Richard the fecond, of Trefilian, the Spencers, of Mortimer, of Empfon and Dudley, of Wolfey, of JefFeries : the time would fail ncue in re- citing the ends of thofe who have chofen to ftand by armies, and corruption, with the limited power of wife and happy princes, and their minifters; and fee where the honour and fecurity lies. Compare the fpirit with which the Revolution was conduced, with the wars of the barons; the contentions of York and Lancafter ; and even with the moft moderate of all precedent contefts, that which ended with the viojent taking off of Charles Land then, kings. j 4 4 J^ -- « ■ ' 'V ( S7 ) Kings, Miniftcrs, and Parliaments, may ;know, that there is the moft danger, and the prcateft fury in the conduft of the people, when their fervitudc is moft dcf- perate and abje£t : and that the moft vio- lent and fatal confequenccs are never more to be feared, than when all feems huftied; than when public oppofition is leaft prac- ticabla : and that a venal and enflaved people, who adl not from hope of better times, or love of the Conftitution, but hate of thofe under whom they fuffer, will carry their revenge much farther, than a people who know they can refift, and who have power enough to reftrain excefles in government, without committing them in the extreme themfelves. A free people punifhes no abufes but what they feel and fee; and them re- gularly and in the ordinary courfe, not with violence and fury : it is the (harp curb, and the frequent fcourge, and in- fulting heel of pow- r, that niakes them ^ver fufpicious and difTatisHed : and it is - A the f:i' !!i ( 58 ) ih? fmothcred fire that devours what it firllcan feize upon, unfeen and inevitable. ^riji. What then you arc the advocate of aflalfination ? P/it/. No : for it is the producer as well jjs confequence of arbitrary power, and tends to perpetuate the evil, and to intro- duce tyrannical expedients for the future, againfl: a remedy which in itfelf is tinged jDUch with the colour of tyranny. In Republics, efpecially fmall ones, it might fometimes be a good expe- • dient : though even there it was often fa- pl to the liberties of the people. In this country, in a great empire, and in a ftate which ought always to con- tinue a monarchy, though a mixed and limited one, nothing feems more danger- ous to the public, or lefs likely to avail to finy good end. I refpedl the king, not only in a private view, but becaufe the Confiitutiou has wifely provided that refped, in the room of force, as the befl bond of govern- ment, qnd fecurity for our liberties. ( 59 ) If his miniftcrs ofFcnd, fuppofing the Conditution to exi(l> there are other iWcans of redlifying their mifcondudt, pro- vided by the Con(>itution. If it does not, its revival is not to be hoped from affafli- riations. ' .: .. > - j^rtft. Is it then from a civil war here ? P///7. I have already faid, I am per- fuaded not ; the only confequence is^ that if no means of violence will be likely to repair thofe mifchiefs, Miniftry, and Parliament, that Parliament which' is the conftitutional palladium of our liberties ; that therefore, for their own fakes, as well as for us, they fpeedily refort to their proper powers, to remedy , this evil, and reftore peace and union; or . they may fufFer together with the nation^ . from defperate men^ what wife men, I be- lieve, know Would be unavailing to any probable good, and deprecate earneftly, and cannot think of but with horror. ^ri/t. But it is the liberty of America, and Great Britain, for which Parliament 1 af I '■ fl: i 'I' ( 60 ) is contending : not its own power, or par- ticular intcrefts. ** A king who depends ** on feveral dates for fupplies, depends OO' "none." . ^. ; ,. ..;) .^Z;,^ ' Pbt7, It is a wonder on this rcafon- ing, we do not aholilh the Irifh Parlia- ment, out of zeal for the common liber- ty. But truly, becaufe the Colonies of America, refradtory as we reprefent them, and republican, and at the diflance of a thoufand leagues, and fomeof them larger by much than England, are in danger, like the petty provinces and bcirnnies of • France, of vying one with another in the v nurling of abfolute monarchy, we, out of tendernefs to their liberty and property, are to take both under our own difpofal, and for fear they (hould abufe the repre- fentation, vefted in them with analogy to the principles of our own Conftitution, and as a neceffary confequence of their pa* . aking of that Conftitution, Parliament will grant their money for them ; and they ihall have nothing to buy flavery with, ' ■-It but ^i* f 6i ) but fhall have it gratis, or not at all, it be- ing To tempting a bargain, and fo much fccmingly to their palate. • • • Arift, P(ha, what would they do with Reprcfentativcs but learn corruption ? Phil, Suppofe then we fliould go far- ther, and fay, that the people here fliall ehoofe no nvjre Reprcfentativcs, becaufc many of the eledlors are mean and inte- refted people 5 and becaufe, if there fhould ever be a coirupt Parliament, it may deftroy the liberties of the people. I think the argument from the poflibility of abufe would ferve as well againft Parliaments here, as againft Repre- fcntation in America: the misfortune is, it proves too far ; it proves they fhould have nothing 5 for every power to ufe any thing, infers a power of abufing it, ' ' One might fpeak of the danger to our naval power, our interefts as a com- mercial ftate, and our domeftic fafety; the danger to all thefe in carrying on the conteft : I .11 1^ i'i :'■ S-'i if Ml i ( 60 y contcft : only we areaflured the Americans will never be fufFered to have a fleet, dr to be independent. j^rifi: What ! and is it poffible yoii Oan doubt it ? 1 . . r PM. I fancy there are many ftates which would rather fee America by itfelf, than America in union; with England, And as to a naval force, we know to what , a pitch of rivalfhip with England the f Dutch fleet arrived, in a few years ; and iri > dcfpite even of the triple alliance of, France, Spain, and England. Thcfe petty f provinces, this fpeck o* 'jarth, which its , inhabitants could hardly manage to refcne from the rats and fca, the only enemies they had been uied to fight againfi: ; this parcel of lumpifli, cold, phlegmatic crea- tures, thefe butter-venders, plodders, and ^ turners of the penny, burfl: forth into a blaze of liberty, power, and glory, fuch as , perhaps neither pafc times can parallel, . nor prefcnt have yet approached; and af-\^ ter ( 63 ) itr this example, let us fay, if wc can^ that America will never be fufFered to have a fleet ; or that we can plainly fee fuccefs and triumph before us ; though if we do lee them plainly, we might fpare this fevere proof of them ; I (hould hope without indignity : if we do doubt of fuccefs, it is better to leave off while it ITiay yet poflibly be thought that we might Jiave conquered, if our humanity had not been greater than our love of fuch a con- quefc, our wifdom ftronger than our refentments, and our true and permanent interefts than our imaginary interefts in prefent. But let us lofe what we may, fuf- fer v/hat we inuft, and gain as little as we ran, ftill odr honour is interefled ; wretched and difhonourable is fuch honour ! — it has almofl: confumed our private juflice, humanity, and virtue; and made gentle- men do, to be thou(>ht j::ent]emen, what the heart of a favage would relent at, an hangman would be afhamcd to do, and ""'■■'' : prollitu- • <^»' 5, r- if lir; 5!' ( 64 ) proftitution would blufli at ; what a cow- ard, one would think, the bafeft coward, would hardly do to fave his life : thence fedudtions, murders, adulteries, deceits, falflioods, treacheries, blafphemics, a neg- Icdt of all great and common obligations. And now it is to influence our public condudt. I fear, when we talk of our honour, we are too much convinced we are in the wrong, and not of magnanimity to amend it. • ' , u^n/t. Surely honour is fomething : lofe that, and we lofe all. ' Fh'L Very true : but I wifli there were no honour but honefty. If we arc wrong, I know of no honour, but being right as. faft as we can : or fuppofe we were right, I know not of an honour fo great as a magnanimous condefcenfion to the prcr judice and jealoulies of our brethren, in a point worth all their care and concern. An honour againfl: our interefts, againft juftice, againfl the Conftitution, or but doubtful in thefe great points, I know not . . ( 65 ) hot how to comprehend. Let us think low noble France looks in our eyes by the '"ion of Corfica ; how acquilition or L^oriica ; now great Rome and Carthage appear with plundered pro- vinces, flaughtered citizens, and adcfolated world. Let us think whether Spain would have feemed lefs difgraced by keeping the provinces than lofing them by force a- gainft her will. Let us think of the Ro- man Senate to the deputy of Privernum, when they declared vanquiflied enemies, ^ho could prefer liberty to every thing, worthy of being Romans. Let us think of their behaviour on the feceffion of the people, when they demanded the reflo- ration of their reprefentatives, the Tri- bunes i when the geiierofity of Rome did not quarrel with them for not being a le- gal aflfembly ; or objedt their propofing terms, and fixing conditions, and limiting the fupreme legiflature ; but condefcend- ed to throw the blame on herfelf, and to declare, that the terms infifted on were fo H reafon- f. m 1 1 ( 66 ) reafonable, that they thought tO have been offered them unafkedj a. d whea even the moft manifeftly unreafonablc de- mands, not fufpeded, but made> were re- fufed with dignity; but not made grounds of denying the matter in conteft. Let us think of our own condudt when we embraced Wales, Chefler, Durham, un- der the arms of an equal reprefentation ; and by this juft and conftitutional conducft, did not debafe but raife the dignity of Parliament, and commenced our dawn from darknefs and tyranny : this was honour. Honour is not a precarious dif- puted prize, held with druggie and ill- will for a moment, but a poffeflion for ever. If they are EngliQimen and fub- jedl, as certainly they are, to the general duties of Englifhmen, let us glory that they enjoy thofe privileges which are in- feparable from the duties. Let us fay^ *• the rights of Britons are dear to us •« every where 5" let us fay with Cicero, [ 67 ] Cicero*, the laws of liberty we think ought to be retained, not only here where our own Reprefentatives refide, where our other magiftrates, where juftice is reforted to in great confluence in our courts ; where the authority of Parliament re- fides ; where the opinion of the people, their concourfe and obfervation are upon us ; but wherever on earth, in whatever country, the rights of an Englifli citizea be violated, this we think, or ought to think, touches the caufe of the common liberty and honour. For let me repeat again, they went from us not to be Haves, but to be like what thofe were, and are, or ought to be, whom they left behind. * Retineri enim putatis oportcrejura libertatis, non modo hie ubi tribuni plebis funt j ubi caeteri magiftratus ; ubi plenum forum judiciorum j ubi fenatus audtoritas; ubi exlftimatio populi Roman! & frequentia ; fed ubicumque terrarum, 2c gen- tium violatum, jus civura Romanorum fit, fta- tuifis id pertinere, ad communem caufam libcrtati? & dignitatis. K 2 Peace f 'r. ; i 1 ( 68 ) Peace, peace, on equal, juft, an4 honourable conditions, is my fincereft wi(h for the fake of both parties. If we make them moderate and kindly, they will be the more likely to be permanent. The intereft of both parties will be the fecurity for keeping them. We are not to treat with natural enemies. We may therefore be condefcending without in- jury to our dignity j and it will be a point of iuflice to be generous, Thofe who are not backward to accommodation, are ge- nerally thought to have done the wrong : thofe who are ready to be reconciled, were either originally in the right, or have the merit of what is fometimes more honourable to our nature, to have erred by furprize, or infirmity; and from thefe no human wifdom, or goodnefs, is ex- empt; and to retradon thought and de- liberation, on principles of humanity and virtue. Thewifeft of men and thegreatefl itates have retreated, even from meafurcs of ac- ( h ) ackiiiowjedged juftice and prudence, when they have found unforefeen events would render them impradicablc, or make the evil of them greater than the good. America and Great Britain, I fear, can never be permanently happy unlefs re- united : and may every juft means turn jto that efFed. I cannot leave the fubjed without an earned exhortation, put formerly in the mouth of a great king, upon a very im- portant occafion, yet not fo great as this, by one of the firft of philofophers, and therefore not the worfe for being the firft of poets ; and I cannot help indulging an imagination which to find realized would indeed be an unutterable fatisfadtion : fuf- fer me to imagine that I hear our prefent Sovereign, as the common father of his people in both countries, uttering thcfe words fo full of greatnefs and humanity ; wretched on either fide will they be who are the laft to confider them. '*0 ill if i ' - ' ( ( 70 ) . . *' Q hear I take heed how you impawn our perfotii How you urge on the tired fword of war : ,,. , . We charge you in the name of God, take heed I j For never two fuch kingdoms did contend Without much fall of blood ; whofe guiltlefs drops Are every one a woe, a fore complaint 'Gainft him whofe wrong gives edge unto the fwoid. That makes fuch waflc on brief mortality." Arift. Whether I am convinced or not by your arguments, as to the claims of America, I cannot fay at prefcnt : and yet, methinks, I am almofl: half perfuaded. The words, however, laft fpoken would become any mouth. PhiL And whofe more than his who has fo often given life where the feverity of the law has flain ; and who might thus give life to thoufands — I might fay ultimately, millions of innocent, faithful^ and ufcful fubjeds here, and in America. As to my arguments, there is nothing new or uncommon ; for reafon, that ray of ( 71 ) of the Divinity, is always fimplc, clear, and uncoloured ; and he who would have newer arguments than thofe urged before me, I am afraid mufl: have worfe. Nor were the arguments of thofe who have been before me, very new, they were in general as old as the Conilitution, and many of them as old as nature. *'' I wiih earneftly, that not by thefe weak efforts of mine, but by the reafon of wife and great men, who have fpoken and written upon this moft important fub- jed, by confideration of the thoufands uniformly ading upon it, in the midft of danger and death ; by the love of our country and of mankind -, by the force of truth, and the power of the divine mercy; not only you and I, but our ru- lers, and all the people of this mighty empire, may be almofl and altogether perfuaded to peace, union, and hap* pinefs, y-:'^ Arift. '( ( 7» ) Ariji. But will America be perfuadca if we were ? P///7. Will (he be perfuaded to be free at eafe, and in happinefs, if we are con- tent (he (hould. If that be ?11 your dif- ficulty, I am pretty well fatisfied America does not like this war, becaufe it is a war,' a war in their own country; a war a- againft their countrymen; againft Eng- li(hmen. I am farther fatisfied that (he would think her welfare, and her liberty interefted in putting an end to the war; and as I think (he will never (heath the fword till (he has that liberty which (he claims, fecured ; fo I doubt not (he will then, if this be done in time, (heath it infl:antly and gladly, with a hope never to draw it more againft us, but to turn it on our enemies when our de- fence requires. Arift. But what is this liberty ; or how is it to be fecured ? PhiL We are Engli(hmen, and know our owr liberty, what it is by the Con- ftitutiont ( 73 ) ftitution ; this will folve the queftlon as to theirs. And perhaps we (hall find, that it is nothing by which we are to lofe, but rather that wc may gain by it in commerce, in their afFedions, in glory. As to the means of fccuring it, much mud be done to deftroy, but a very little will fuffice to fettle it, I believe, if we apply ourfclvcs heartily, generoufly, and fpeedily. Arijl, But what will be the plan. Do you forcfee the intricacy and embar- raffment ? P/;/7. We muft: not talk of plans while we hold the fword at their throats : when force is removed, reconciliation may eafily take place ; and I think tliat plan will be the beft which is the (impleH: and mod favourable to their liberties, and molt for the reputation of our ancient generofity and juftice : and, I believe, fuch a plan has been propofed long ago. Let us have hearts to be reconciled, and we (hall not L want \n ( 74 ') want wifdotn or means. I only befeech of Providence to grant us the will to ufe them : never was greater need ; never fuch a nation on fuch an edge between the extremes of happinefs and ruin. Juft as Philodemus was fpeaking, dif- patches arrived to Ariftocraticus 5 who departed in hafle; and thus ended the converfation. ADDENDA. t 75 ] ADDENDA, IH A V E added a note of fome very ancier± law authorities ; the originals, and a tranf- lation J on which I {hall requcft my reader to caft his eye, as thinking one of them particu- larly of extreme confequencc, to the fubjedl oc the foregoing Dialogue, and to public confi- deration, *' Nul home fcrra lye mes ceux que aflcn- teront.'* * ** No man fliall be bound by a law but thofc who aflent, Livre des AJfizes^ 44 E. 3. 19. Anno 1370, •* Teria Hibernia inter fe habet Parliamen- tum & omnimodas curias prout in Anglia, & per idem Parliamentum facit \^gQ^, & niutat leges ; ET NON OBLIGANTUR PER STATUTA IN Anglia, quia non hic habent milites Parliament.'* 12 R. 3, fol. 12. *' Refolved, per omnes Jufticiarios in Camera Scaccarii aflbciatos. Anno 1484.'* •* The land of Ireland hath a Parliament in itfclf J and by the fame they make and change laws. And they are not bound by statutes L 2 MADfi II I ll * ( 76 ) UADE IN "^" \'GLAND, BECAUSE THEY HAVE NOT HERE MePiIERS of PARLIAMENT," «* Rcfolvcd BY ALL THE JuDGEs in the Exche- quer Chamber, in the year 1484.'* " And note, v/hereas it has been faid that the meaning was, that Ireland fhould not be bound unlefs r.amed, the cafe is exprefely the contrary. For, the cafe was, as you may read, in the Year Book, of goods Ihipped from Wat^rford in Ireland, with an intent to unlade at Sluice, in FJanders, and not at Calais j and the bill recites exprefsly the ftatute of Henry VI. And the ftatute of 2 Henry VI. chap. 4, fays, after reciting the mifchief of iliips reforting to other ports to unladt, &c. and not to Calais, " Le Roy volant ceux damages & amenufement eviter DE L*AViS ET REQUEST SUDITZ ad ordincz et cftablez que toutz les eftatuz en faitz et nient repellez foient tenuz et gardv^^z et mys en due , execution, et qae le entlcr repair, dcs lairis pealx lanuz qinr plumb eftain entier ou fonduz appellcz Ihotten-tynne, et du toutz autres mcr- chandifcs appurtenantz a V eftapie pafTontez hors de roialfne d' flngleterrc et des paiis de Gales et Iriland foit au die lieu de Caleys et a null lieu aillours ue la mere fur peine de forfaiture, &c. Anno 1463. " The King ^vllling that all thcfe damages be avoided, ey the advice and rec>uest aforl- SAID, hath ordained and eftablifhed, that all the H' -i ( 77 ) the ftatutes made and not i tc them their liberties (an a6t of dignity woif y c; :i ]Jrit 'h king and parliament), ilxed and inviclah'e for ever. We may then, pro- bably, expe(5t, -f we ire ready to do this fpeedily, that the Americans will, on thele terms, as ho- nourable to us as neceflary to them, fieel), fo- lemnly, and effediually recognize our • *s of navi- gation in the Britifli d minions, and . c free m love and union under cne common coi:Ritution, and form one empire, united by the flrongeft and moft univerfal bond of mutual intere^s and affec- tions, unfhaken from within, and by th? favour of heaven and our combined ftrength and rcfoiution, impregnable to all external aflaults. This, or any way that may eftetfluate our c^ rimon peace, liberty, and happinefs, may the Fatr.er of peace, of liberty and mankind, and of every g >.!, our deliverer aii J preferver, profper and accomplifh. And, perhaps, here I fhould have clofed, but ray heart is filled with the anxiety of a fon pleading for IMAGE EVALUATION TEST TARGET (MT-3) ■^ 1.0 I.I £ Ki H2.0 L25 III 1.4 lllli 1.6 71 CM oj^ /: '/ /^ fliotographic Sciences Corporalion 23 WIST MAIN STREET WEBSTER, N.Y. 14S8Q (716) •73-4503 m v :\ \ V f^^ >>*> ;V * ( 88 ) ' for the life of his father. My heart would ydarA over France or Spain in the fituation in which England appears before me. Suffer me to add one cafe more, that we may judge, if we yet doubt it, what lord Holt would have faid upon this queftion. I mean to cite the noble opinion of that excellent lord chief juftice in Afhby and White, 6 Mod. Reports. *' It is they whofe Persons, Estates, and Liberties are put in the power of the chofen member, that ought to have the right of voting for, and choofmg fuch member vefted in them. And it is not quatenus they are a corporation, they can give this power to bind their property, but as they are particular, private, natural persons." Are the perfons, edates, and liberties of the Americans to be governed by this rule, or not ? And again, faith lord Holt in the fame cafe : *' I wonder to hear it faid, that it is fo fmall a right as any injury offered to it fhould be unpunifh- able. Is this a little thing to have the privilege of giving my vote in the eleftion of a perfon in whofe power my life, eflate, and liberty lie, ob- ftruded ?" Would he not have faid. Is it a little thing for my life, eftate, and liberty to lay in the power of perfons, whom neither I, nor the community in which all thefe refidc, do, or can choofe as the pro- per reprefentativs of them. And then he fays, V. the ftatutc of 33 and 34 Hen. VIII. and 25 Car. II. cap. 5. concerning Chefter the one, and the other concerning Durham, and note the words privileges and liberties in them, as if he had faid, Note^ I iiii ( 89 ) . Nofey the legi'flature well underftood when they made this flatute, that they did not give fuvouriy or indulgences^ but declare antecedent privileges, ori- ginal^ inherent, unalienable Rights of the Essence of Freedom j and therefore, "he property and inh' ritan:e of Engliflimen every- where. For, if not every where, why in Chefter or Durham, who needed them much lefs than America : if there can be difference of lefs or greater in abfolute eflential rights neceflary to freedom. And towards the end, lord Holt fays again, ** Let us confider wherein the law confifts, not in particular inftances, but in the reafon that rules them, Ubi eadem ratio ibi idem jus. Weigh then the reafon why Englifhmen are not bound but by laws made by members of their own choofing ; it is not becaufe a charter has faid it ; it is not becaufe the ufage has authorifed it ; it is even becaufe the conllitution requires it ; nay, and for a farther yet and flill better reafon. If James or Charles had ' abolijhed parliaments, we (liould have had a right now to demand their refloration j if there had ne- ver been a parliament from that time to this. If from the creation of the world we had been tA^ Vfzy^JIaves, always governed without our confent, we fhould have had a right to infift on being free. But this country hath been immemorially governed by laws of its own making ; by reprefentatives of its own choofing; it has been immemorially free, GREAT, and HAPPY. England has been the friend, . the affertor, the great protedlrefs of liberty, and of th€ rights of mankind. It is not becaufe a man N is ( 9° ) is born in London, or York, that he is to choofc his rcprefentatives ; it is privilege and his liberty in Chefler, in Durham, in Mancheftcr, (for Man- cheftcr is in a county, and every county has, and fends reprelentatives) in Ireland and in America, He is a man, and has a right to be fres : he is an Englifliman*, and his liberty is defined, fecured, and pledged to him by flatutes and charters almoft innumerable. It is interwoven in the common law, and in the inmoft recefTes of our wonderful con- flitution, lives in every vein and member ; animates, unites, and fudains the whole. To be an Englifh- man, and to be partially reprefented is inconvenient, and, in proportion as the reprefentation is defective, unjujl. To be an Englilhman, and not reprefented at all but in fidlion and fhadow, is fomething that wants a name. By the conftitution of the land, the commons are to fend particular members chofen BY and FROM THEMSELVES (fays lord Holt, in the cafe juft now cited to Parliament ; and when they are chofen, they have the full Power and Authority of them that sent them." Thus this oracle of the law defines the nature and authority of parliament. Are thofe members chofen by the Americans who are chofen by and for us I Are they members or rcprefentativcs chofen from THEM, who are chofen from us here, at the dif- tance of a thoufand leagues ? And the authority of parliament being tkat^ and that only^ of thofe who fent them, can a?iy or all of us, who fend members, ^ dream of an authority over America ? V. 2 Salk. fol. , 503, 504. mm (91 ) • I have thus endeavoured to examine the cafes which have been thought to make againft America : I hope it is proved, that partly they are nothing to the point ; partly the opinion hafty, doubtfully re- ported, and not fettled or unanimous, and partly founded upon miftake of fadls. I hope too it has been fhev/n, that the cafe of Rich. III. is niuc/j Jlronger than even was fuppofed : that it amounts to declaring Ireland not bound by an a£l: of our ^ parliament, in which Ireland was exprefsly named, and exprefsly intended to be bound. That in the reign of Hen. VI. it was held, not Ireland only was not bound by a grant of tenths, made by our parliament, but not even Chefter or Durham. That the legiflature by ftatute of Hen. VII. called Poyning's a61:, confidered the authority of the Irifli parliament neccflary to bind the people of Ireland : and that there is reafon to think they thought it neceflary, as much when Ircl.md was named, as when it was not named : and that the legiflatLtre in this adled as Hen. II. the conqueror of Ireland, and his fucccflbr king John had aded. I might ci:e lord Hale, that Ed. 1. introduced the laws of Ena:- land into Scotland, gently and gradually witii the good will of the people ; or by the exprefs confent of the parliament of Scotland*. I might make fimilar obfervntions even farther, perhaps, if neceflary. I have obferved what lord Holt fays of the importance of choofing thofe on whom the eflates, lives, and liberties of a people are to • Iliftory of the Comipon Law. mm i • I, . (92 ) depend i that they fliould not depend on ibofe whom they did not choofe j that there is no human power but is limited and circumfcribed by law ; and ftill more (Irongly by natural juflice. I might fpealc of the novelty of taxing the Americans by our par.* liament. 1 might fpeak of the flrange taxes to which king William reforted rather than tax them. Not only taxing bachelors (perhaps the moll equit> able and politic of taxes), but taxing fathers for the death of their fons, wives for their hulbands, and raifing himfelf fupplies for the war with France out cf the grief and calamities befallen to his fubjedts: my, taxing marriages *. But he came from Hol- land : he knew the cflccSls of one country taxing and leglflating for another. The inconveniencies the people put on themfelves by their own legifla- ture might be taken off; the inconveniencies they fliould put on others, would, perhaps, not be felt till they were without remedy to others and to themfelves. I m,J£;ht fay we have found, and are likely to find, that the Americans will give more to afFedion than they will yield to force. I will end by faying we are too great to be in danger of ruin but from ourfelves ; but it was an advice of no bad po- licy, though given by an apoflle, " If we bite and devour one another, let us take heed left we be con- fumed." An event, which to avoid, merits all our prayers, all our anxiety, all our candour and pru- dence, and all our endeavours. And O may England 9nd America unite again, never more to be divided I • Vide Ruffhead's Appendix, 9th vol. FINIS* z'