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In a province, if the native that is rich be admitted to power? the power grows up native, and overtops the foreign : there- fore you mull either not plant your citizens in your pro- yinces, where in time they will become native ; or fo plant- ing them, neither truft them with power nor with arms. Harrington. LONDON: Printed for J. Ridlky, Bookfeller, in St. James's Street M DCC txviir. I Ml 1 A . t • » V O ' »• •* v <§\ I /> t ^ f'f -•■♦. I .?;.- -I U-^i '■> t i . . I • , «. S M* INTRODUCTION. i.J)!VO ' -.'iiM^ ■- $yi;C . ^ivls^-n TH E following letters were written from one friend to another, at tile time wTien the repeal of the American ftamp ad: was un- der confideration. The two firft were fhewn to fome moft refpedtable perfons then in the adminiftration : and were very well received. But, afterwards, the mercantile clamour, refpedling the debts owing to Great Britain, from America ; and the verjr extraordinary, and tmnendous fpeech of the great Commoner of that day, like an irrefiftible tempeft, darkened the underftanding of the nation; con-« founded Mi. I 1 ki > [ u J founded every idea of public good ; and, in the general wreck of cominonc fenfe, and common fafety, over- whelmed the fortitude of thofe geiw tlemcn* who were then in powtr; and carried the whole weight of ad- jTuaiftration along with thpm. Oa perceiving this change^ it became air together urmecefTary ta lay before the feme gentlemen, the reft of thefc lojtters. I'i..^ . ! ) '■!" ./;/ ijW) -\l . • • t ^ I 'C-^^ ' ••*■ 'V ■'■ •/■ •'" --ri ,v>» •«.. t. '■■»'*■ Z*./*^ ' w * »*« -.:.>: ^\x IS -*,' 'I [ iv ] ' This fcems nearly to be the ftate of the American con trover fy at pre- fcnt. That rapid and infatuated fpi- rit, which fo radically repealed the ftamp a<^, exhaufted its main ftrength in that one extraordinary and mighty effort : and in the fame inftant, the legiflature recovered fo far from the fhock it had thereby fuftained, as to have fpirit fufficient left, to affert and declare the undoubted right of the mother country to tax her colonies. \ IV -i'^rr? r ■ ' In conformity to this right, the fame legiflature has^enaded duties and imports to be paid in North America; and appointed officers to colk(^ :[ V ] - colleft them. This conftitu.ional and legal meafure, to affert the fove- reignty of Great Britain over her colonies, has nSanta the vigour of * thofe colonies to maintain their right of independency on the mother coun- try I and with an open fhew of de- termined refolution, to menace what ' they maintain, Great Britain fliall lubmit to. ^ In the firll inftance, the Ameri- cans played off the mercantile intereft I of Great Britain upon her legifla-' Jure ; and having the countenance of the incorruptible patriot of that day; )who, being then out of power, had a a ^ofition, V mi *»,-. ff' |)bfitibn, and was ftorming, with imi* ^tuous violence, all the avenues to the throne, in order to feat himfelf, ajgain, at the liead of affairs. They, by iht united afliftahce df thcfe two |5b>Verful allies, ftirprifed the legifk^ tiire ihto compliance, and obtained a •t ; X i ^ ^ .1 • i . t. k i •■■' J 4 .1. hti i m ^^ iMaV« V ,. jM r t \.. But as this viAory has imboldened them to throw off the mask, and to enter into a general confpiracy, one with another, againft their mother country. They no longer pretend in this fecond inftance, to frighten the legiflature into compliance by thfc threat that v,'as then held out, of defrauding our merchants of the juft debts debts they owe to them 2 but, get- ting' that lie open, as a fcjf evi4e|it lg| principle, and tryfting to the aid pf r the fame incorruptible patriptj^ fq lately cloatlied with power, andl, pi^|?T haps, lec^ recen^tly throwing it up foj" their fervicej under his banner. They now lay clami to independency upon national principles ; and for this pur- pofe have adopted, as unanfwerable. all the argument? qf Sidney^ LiQck^ ^nd other venerable |>ames, who ,ha,ye| with the utmpjft propriety, exerte^ their great %bilitiQ.§ in eftahlifhin^ th^ independency and freed oiii of ,the mp^ thcr country, againft the iiuollerable ftrides of roy^l prerogc^tivei under thq jold conftitution* : . .• . ' . -.^ a a ' Altha" >i/i v» ■ "* ' * •'»•»* [ ix 3 over her colonies. This, then, is the wifhed for crifis, to apply the falu- tary effeds of reafonj and argument, to the publick political diforder in this its weak and enfeebled fts^t^. •pr,-*- mr m ^ X. "^ •• f 4 -*f»-ti^. 9-^^ \,y -.. 1. »K' \» J- 'f< *r«; > ? 11 is ^:i'r':r: Vh: hai: ;>iv:T^/ iii!?(^q?j. r.^Ai inoiu I < ^^"/iin <:» f1 1 > •; J I i-' > i '->**■ J iU rf If --< t i /y-n n ' r/ro J t.«t 4>4. ■ .'■>,? OU-'f)l/'i rifi !>'(< bnu f< CJiuiitfij^ji :'»b:i)V^'or 1: n 'f r- »» nn LETTER I. ' J . , ; \ , , ■ o .f bnu 1^015 i S I R, • ,' I t; ii GReat Britain is truly a prodigy! In fpite of the higheft prerogative, and the moft imperious defpotifm, exer- clfed over the fouth, as well as over the north of her illand, (he has, in former times, oppofed every danger, furmounted every dif- ficulty, and, w^ith the lofs of her beft blood, glorioufly atchieved the free enjoyment of her property, and the fuUeft exertion of her liberty, as circumfcribed and limited by the lav^s of her own choice. Now that flie is fo amply polTefTed, and fecured of thofe mofl invaluable bleffings, her property, liberty, and laws, as not only (he herfelf in no for- mer age ever experienced, but as no nation on earth now can, or in any prior period of B exiftence ) n'3. exillcncc, througli the whole feries of ages pad, could ever boafl: of: — now that (he is governed by the bed of Kings, himfelf a lover of the conllitiition, and paffionately defirous of perpetuating the liberty, felicity, and glory of his people : — now that flie has carried her commerce all ovei .he world; and acquired immortal glory by her arms : —now that her apparent felicity and power, her grandeur, dominion, and riches, attrad: the attention of all Europe, fill the nations withcnvy^ and fire their imperial monarchs with the high ambition of emulating her unequalled fume : — at this very momentous point of time, flic is ready to fall into the Llackeri: contempt and oblivion, from the bale degeneracy of her fons at home, and tlie unbounded ambition of her offspring abroad. Cad: your eye back to the lirfl eflablifli- ment of her American colonies; and from thence look progrefLvely forward to the pre- fcnt period: and you fliall not find one in- flance of condud in the miniflry, or legi- flature <•• 'M ■■'jta m ( 3 ), flature of Great Britain, tending towards the eftablifhment of any fyftcin of government, natural and proper to their fituation and con- dition, as provinces. The whole employ- ment of the men of property, as well as of the minilUrs of Great Britain, has in ge- neral been, by dividing the people into facr- tions, and pradlifmg the grovelling arts of proflitution and cabal, to keep themfelves in pofTeflion v/hen they have had power; or to pull down, and deftroy others who had fuperfeded them. , The colonies thus left to themfelves, and grown up into a ftate of profperity under the influence and prote6tion of their mother country, have, by uninterrupted habit, come to think their corporation alFemblies to be no Icfs than parliaments ; and with an am- bition natural to man, viewing their num- bers, and the extent of the country they pofTefs, they are emboldened, from the in- tcrefled divifions, madnefs, and folly reign- ing in Britain, to grafp at national and in- dependent legiflation and government. f ■ ■•' ■ ■' '^ ^B 2 "•- n^rn This in 'ii ; , '> : 11 ( 4 ) This 19 nothing wonderful in the pro- vinces. But, when the danger is (o immi- nent ', the confequences fo plain ; the dig- nity and interell of Great Britain fo deeply concerned, — to fee her public and private councils fo divided, and contradidt9ry, about what is neceffary to be done j is truly a- larming. ♦ i .• One great man, delighting in hyperboles, is faid to have afferted the right of making laws for preferving the fovereignty of the mother country over the provinces ; but in the fame breath to have denied the power of taxing them ; and to have affirmed, that, were they to fubmit to this tax, they would be, ipfo JaBoy flaves. Another great man* detefting general warrants, yet fond of ex- crcifing himfelf upon the antiquated ftilts of prerogative, is faid to have denied the par- liament to have any power of taxing ; but that the king, folely, may tax ; in virtue of his fovereignty. — Thus a plain matter is perplexed by the authority, and ability of thofe men, who ought, chiefly, to illuftrate, '^nforce. i M ( S ) enforce, and confirm it. And the people^ on whofe union and cordiality, alone, de- pends the future profperity, or misfortunes of this nation, are milled ; and divided in their fentiments. -.. The fir ft great man's argument is made up of a diredt contradiction. For, without a right to tax, there can be no fovereignty. —-Sovereignty comprehends legiflation, and government; without which, it cannot exift. And wherever the right of legiflation and government is, there, alone, exifts the fu- preme right to tax. Wherefore, to have a right to the fovereignty, and yet no right to tax, is a political abfurdity . The other great man, by having recourfe to the power of the crown, in fpight of his political averfion to general warrants, feems fo enamoured of royalty, as to have forgot, that the luxuriant, and defpotic branches of prerogative, were lopp'd off by the revolu- tion j and ingrafted, not upon a part, but upon the whole united legiflature of Great Britain. And that, therefore, whatever fu- preme ( 6 ) prcmc Icgiflative powers refided formerly in the king alone, inhere, and refide now, in the united will and decree of the king, and Sue parliament. But the whole of this argument is clearly and demonflratlvely obviated, by this ne- ceflary, and eflential diflindion in the fci- ence of politics j namely, the difference be- tween national, and provincial government. All that the firft great man alledges about the rights of the people, to be taxed with their own confent, by their rcprefentatives in parliament, is fitly, and properly fiid, with rcfpedt to national government : but improperly, and abfurdly faid, with refpedt to the provinces. Becaufe, were Great Britain to permit them to govern themfelvcs in the fame manner that (lie is governed, they would naturally, and neccffarily ceafe to be provinces ; and become, virtually, (o many free and independent flatcs. To con- tinue them as provinces, they muH: remain, and be kept obedient to the laws, and legi- flature of Great Britain; and in this way, only, \* i r 1 { 7 ) only, can they be of the highefl utility, and fervicc to the commerce, power, and grandeur of Great Britain. On the other hand, to confer on their aflcmblies the rights of national legiflation, and to allow, that they cannot be taxed, but by their own confent, as fignified by their reprefentatives in their aflcmblies j they muft, being already proprietors of the foil, be then, neceflarily, poflefred of every qualification of fovereign- ty ; and in every refpedTc, as free and inde- pendent of Great Britain, as Great Britain is now of them. On the exiflence of this national conftitution, they will then, like other nations, naturally confult their own interefls, independent of their mother coun- try i and conncdl themfelves with her, only fo far as thai connection will anfwer their national purpofes. Their having the fame king with u?, at the head of their conftitu- tion, will form but a flight tye. For, his oppofition to their meafures, when incon- flftent with our interefl:, w^ill meet with as little refpcd there, as the operations of the Britifli - -It. il li ( 8 ) Britifli adminiftration would receive at ho^le, were they conceived contrary to the interefts, and oppreffive to the rights, and liberties, of this nation. — Great Britain might exert herfelf in fupport of what, in that cafe, might be conceived to be the rights of the crown. But this could only produce a War. A war, which might then be uncertain as to its confequences ; and, in any iffue, would only ferve to increafe mutual animolity, jealoufy, and ill will; and to lay a foundation for claims that would never be given up, but with the total difTolution of the original connexion, between the mother country, and her pro- vinces. . /, . From this fair dedudion of the argument, the fmgle queftion feems to be ; Whether Great Britain ought to retain her provinces ujidcr her legal and parental fubjedion ; or, by enfranchifmg them, under a like confti- tution with her own, make them a free and independent nation ? To become, per- haps, hoftile to herfelf, with the lofs of all the ive at to the ts, and Britain lat, in be the d only It then ind, in \creafe will; s that h the :(flion, pro- Tient, ether inces or, bnfti- free per- Ifall the 19) the blood and treafure flie has lavifhed in their fervice, and all thofe advantages of commerce, power, and dominion, which open to her view, in a long and glorious profpedt of future felicity. The refult to be given, abftradted from private intereft, and ambition, would not admit of a mo- ment's hefitation. J But it is faid, that taxing the colonies makes them, ipfo fa^Oj flaves. What a profanation of language ! Has not every na- tion a right to colonize? — The plantation of the whole earth is a proof of it. — The^ practice of all nations, ancient, and mo- dern, confirm it. — Can fubjeds of a ftate, tranfplanting themfelves voluntarily ; con- tinuing under its influence and autho- rity ; governed by its laws ; and protefted by its power : be iaid to be flaves, any more than when they were in the bofom cf their mother country ? As part of the peo- ple of Great Britain, they were all of them, by the confl:itution and the laws, protcdted in their right., Uberties, and privileges, as C free \i" ( 10 free men, fellow compatriots, and fubjedla of the fame fupreme legiflature, at the time they left their country. Such of them as had real property in it, were fnecially repre- fented by their conftituents in parliament; and fuch as had none, were equally fecured in their rights and liberties, by having the equal and full benefit of the fame laws that were made for thofc purpofcs, as tlie pro- prietors themfelvcs, who were more efpe- cially rcprefented ; being at the fime time poflcffed of full and intire liberty and choice of becoming at all times real proprietors, whenever they Hiould be pofTcfTed of fub- flance, or perfonal property, fufiicient to effc(fl it by purchafc. Their increafc of numbers fmce, makes no variation. They were born, or they of choice reforted there, all under the fame predicament of being fubjecfls of Great Britain ; proteded by her parliament j enjoying her laws ; and fub- jed: to her government. — Free to remain in the provinces ; free to return to their mother country. Wherever they are found, they :■:■:*?;, ( II ) fubjeda :he time :hem as y reprc- ament; fecured ing the ws that le pro- 2 efpe- le time choice 1. letors, f fub- mt to ifc of They :here, )einp: r her fub- nain heir nd, hey tliey are acknowledged for her fons -, as be- ing pofleircd of all the privileges of their birth riaht. Can fuch mer. as thefe, then, be accounted (laves ? . ■ , . But they al e proprietors of a diflant coun- try i and their charters intitle them to make their own laws. Therefore, they are intitled to a feparate reprefentation, and to tax them- fclves. ' • As a body corporate, linder a charter, they may, like other corporate bodies, make laws for their own utility and government. But no royal charter can be pleaded in bar of the fupreme fovereignty of the flate, in its logilLitive capacity. That would be to raife a charter above an ai5t of parliament : the power of the king above that of the legifla- tare; which Would clifiolve the conftitutlon, and annihilate libvj^rty. Whatever, there- fore, the privilc'^'^-s may be, which they claim und^r their charters, the power and right of the Icgiflature, remains paramount over them ; and over all the fubjeds of (ircat Britain. Their property in a province C 2 intitlej? if:" iiti i -i ( 12 ) intitlcjthcm to as little reprefentation. Be- caufe the province itfclf is virtually, as fuch, comprehended in the dominion of the mo- ther country ; and falls under the natidnal reprefentation, fubfifting in the Britifh par- liament, at the time of its firfl fettlement. Wherefore, I again repeat it, that to tax themfelves, they may. For that is agree- able to their charters, and belongs to their incorporate and internal ftate, as a province. But to deny the right of the mother country to tax them, likewife, in her fupreme le- giflative capacity, is to deny her fovereignty. It is to change their political exiftence : and in place of fons and provinces of their mother country, to become aliens : and to form themfelves into a mother country, and an independent nation. As I have mentioned the diftiniftion be- tween national and provincial government. Take here the rough outlines of a provincial fyftcm. ■ '" ' ift. Fix the nature, power, and extent of the colony ailemblics, fo, that they may % ( X3 ) never be miftaken, hereztfter, for parlia- ments : but known and univerfally acknow- ledged as corporate bodies, only, having power to propofe laws for the internal po- lice of the colony, to be approved or rejed:ed by his Majefty in council, as ufual ; and al- ways fubjedt to the revifal and alteration of parliament. 2dly, Two members, or one, to be chofen by each colony aflembly ; who fhall have feats in the Houfe of Commons of Great Britain, not as reprefentatives ; becaufe the people of North America, being all fubjefts of Great Britain, are already reprefentedj but as deputies ; who may attend to the in- tereft of their refpedlive colonies, and give fuch information to parliament as may ena- ble the legiflature to judge and do what is belt for the fervice of the faid colonies, taken along with the general interefl of all his Majefty's dominions. Thefe members of the colony aflemblies, fj deputed to parlia- ment, may have the privilege of fpcaking upon American affairs only, without voting in X^'U *i . (: 14 ) in the determination of them ; or in tlid determination of any other qucfiion what- foever. This will, effedtuilly, prevent any idea of reprefentation. But, at the fVarx time, to enable them perfectly to execute their duty as deputies, they ought to have all the perfonal privilege of members of parliament, both in Great Britain and the colonies. But no other of the members of the colony affemblies ought to have any fuch perfonal privilege in their refpedlive colonies. -^dly, The colonies may be divided intd circles, or provinces -, fo that three colonies may make one circle, or province. 4thly, Governors may be fo appointed to each circle, or province, that, by refiding two years in each colony, each governor will have palled through the three governments of the province, in tlie Ipace of fix years j after which, he fliall return home, and re- port to the board of trade, liis obfervations rcfpetfling the commerce of each colony j — to the fecretary of w:ir, his obfervations re- ipeding es ( 15 ) fptding the military eftabliflimcnt of each} ! — to the lord chancellor, a plan of the civil police^ and the import of the laws pafled in the alfemblies of each, during his govern- ment ; — and to the fecretaries of flate, a general report of all thefe, together with fuch fpecial obfervations refpedting the cha- rafter and difpofition of the people ; the affemblies, and the individual leading cha- racters in each ', as may tend to the perfeifl knowledge and better government of the whole. It being always underflood that, his Majefly may, at pleafure, remove thefe governors ; but not continue them longer than the time alloted for performing the courfe of their refpe6live circles. Never- thelefs, after thev have returned, made their reports, and been two years out of their laft governments ; they may, at his Majefty's plcafure, be appointed to go the courfe of a new circle, or province, as before. By this rule, a new governor will be fent out to each circle, every two years : and by vary- ing the time for fending out the governors to { i6 ) m to each circle, fo, that the governors for different circles may go out at different times, there will be a continual fucceflion of governors throughout the provinces j all skilled in their duty, unable ta contrail any undue and foreign bias, and rendered emu- lous, by the fwift courfe of their fucccflion, to excel one another in the adminiftration of their governments ; to the mutual fatisfac- tion of their fovereign, and his people in the provinces. 5thly, A certain number of troops may be annually alloted to each province, under the command of a brigadier general ; who (hall, in conlequence of his command, be the firft member in the governors council. This officer fhall correfpond with the fe- cretary of war, and the fecretary of flate ; perform his courfe of the circle in the fpace of three years j that is to fay, continue one year with the trocps, under his command, in each colony, within his circle : and, then, return with them home, and make his ( 17 ) his fpccial report to the fecretary at war, and the fecretary of flate. In performing this courfe, it (hall be Co ordered, that each governor fliall have, an- nually, new troops, and a new commanding officer, or brigadier general, fof the pro- tedion and government of his colony. The brigadier and forces of one colony, to be independent of the brigadier, and forces of another colony -, excepting when they may be fent by the rcfpedive governors, to the affiftance of one another. Then the fenior officer of the iirfl rank to take the command, during that fervice ; unlefs his Majefly fhall appoint a particular commander in chief for any expedition, or for taking the command of all the forces in any, or, in all the circles* So much for the rough outlines of the civil, and military provincial government. '"^' As to religion, let it ftand as it is. Fof the prefent, of all others, is not the time for clerical ambition to extend its fway ovtt North America. As to taxes, whether the flamp duty be a D proper ( i8 ) 11 I'i ^»,i '\l ■^^^ proper one or not, I rtiall not ftay a moment to enqaiie. But, as it has occafioned, or, rather, been a pretence for occafioning all this rupture, it feemed to be the moft pro- per, and political meafure of all others, to take it ofFj at leaft for the prefent. But, at the fame time that it was taken off, an- other fliould have been immediately laid on, were it but to the amount of a pound upon each colony, to confirm the right of the le- giflature : and to prove that Great Britain can, and will tax her colonies. As to taxes in general, refpeding the co- lonies. The worft of all others, feem to be ilich as lay reftraints and fetters upon trade. It is by trade only, that the colonies can benefit their mother country j and fupport, augment, and enrich themfelves. There- fore, every channel fhould be perfedtly free and open to them, that is not abfolutely in- confident with the police, and intereft of the mother country. Foreign trade, in par- ticular, where the balance is in their favour ; and where it eminently augments the ex- ports {. 19 ) ports of Great Britain, fuch as the trade to South America, and all the Weft India iflands, fhould be intirely unfettered from prohibitions, taxes and reftraints. For this reafon, the impediments latterly thi"own upon this trade, by Britifti guard fhips, &c. appear to be fo many prodigies in politics. It was not certainly the intereft of Great Britain, to become guarda cojias to th^ Spa- niards and Frencli. If the North Americans, and our iflandcrs, thought proper to contra- vene the municipal laws of the Spaniards and the French, they did it as individuals, and at their own rifque. Our government was not concerned with it j nor accountable for its confequences. The advantages to North America, and Great Britain, were obvious. And thefe advantages might have been a fufficient reafon, at leaft, for the go- vernment to have been paflive. Trade pro- duces riches j riches center in the purchafe of property, or land, wherever it can be found. Property, therefore, is the grand and proper objeft of taxation. In taxing D 2 pro- m ( 20 ) property, it Is the rich only that feci it j and they only ought to feel it -, becaufe they are able to bear it. But by taxing trade, it hampers, confines, and deadens thofe, who have the free and noble genius of enter- prize, and adventure j and are looking after riches but have not obtained them. The poor, therefore, in this cafe, are thofe only who feel its efFcds ; and they ought not to feel them ; becaufe thcv are not able to bear them. Had, therefore, the property of North America been taxed, in place of its trade, the proprietors had been better able to have borne it, and the poorer people not feeing it, would never once have thought of the outrages they have already com- mitted. Would the demon fpirit of faii *-'f. > , ' - - ■ ,► 1 « ' ... , ( 23 ) LETTER 11. SIR, T Hope the refolution taken to repeal the ■^ ilamp adt, is preparatory to the laying on fome light duty in its J^ace ; in order to afcertain the right of kgillatio.i in the Zfitifli parliament^ remove all doubts in North America, on that headj procure the immediate compliance and fubmiffion of the people there : and pradically fix the mcafure of their duty and obedience in all time coming. The honour of parliament, nor the honour of the nation, feem not, in the remoteft degree, to be affedted by the repeal of the flamp ad: : provided that any other ' 1 TT {( II ^ i1 h { 24 ) Other duty, however fmall, be immediately impofed. But to repeal the ftamp adl, and lay on no duty by the diredl authority of parliament ; or, to lay on a duty, and refer the mode and manner of afTefTment, or the levying of it, to American afTemblies -, in either of thefe cafes, it appears to be clear as any mathematical demonftration, that, not only the honour of parliament, but the mofl important intereft of Great Britain, will be highly injured, in point of national commerce, dominion, legiflation, and power. Not only now, but throughout the whole futi' J period of their exiftence. "' repeal ^ the ftamp aft, is to re- move the real, or imaginary grievances of our brethren of America ; and to footh k.heir paffions and prejudices, — To lay on a new duty, however fmall, is to eftabliOi and perpetuate the legiflation of Great Britain over her provinces. Both thefe -aifBe, cer- tainly, fit, and expedient to be done. But to lay on no duty, is to give up the point in queftion, and to rivet the Americana in iH In their opinion of independency on the le* giflature of Great Britain. And to lay on a tax, and leave it to themfelves to levy it, in their aflemblies, is to give them a firmer bottom of independency than what they now ftand upon. For they will plead this as a national conceffion, and affirm that> though the parliament may tax, yet thcy» alone, can levy the tax impofed. And it being thus left to them to levy what the parlia- m * may tax, it will amount to the fame thing as if they had been allowed to tax themfelves. Becaufe they will only levy what they think proper ; and in place of complying with the tax, impofed upon them,* it may, naturally, be expeded that, they will remonflrate, that they can only levy fuch a pait of it j or that they cannot levy it at al- Whatever thefe affemblies fhall do in this i :i;,- :, popular opinion and popular force will fupport them in it. And it will be as difficult then, to reduce them to com- pliance, as it appeared in the cafe of the ilamp ad:. On fuch an event, fhould the £ parliament ; / % n ■ J t parliament rcAime their operative capacity, by direding the manner in which the tax fjiall be levied and enforcing the levying of it 5 the Americans will then rend heaven and earth with their appeals for juflice; and complain, that the parliament have aflumed a power that does not belong to them 5 a power inherent in the delagatcs of the peo- ple ; and acknowledge ' '"i fuch, by the le- giflature of Great Britain, fettling, at this time, the model of taxation. This circum- ftance would naturally invigorate the fpirit of fedition ; and render them, even far more untra(5^able, than what they may be prefum- ed to be at prefent. But, fuppofing the moft favourable cafe to happen ; that is, that they will give ready compliance to the decrees of parliament 3 and puncftually levy fuch moderate duties as may be now, and for fometime, hereafter, laid upon them: yet, who can be fo impro- videiit i ot to forefee, that, the means and the opportunity of exerting themfelves in this Wiiy, are at all times open to them: and. ^ind, that, if they fliall yield compliance for the prefent, it will be only to improve with greater certainty and fecurity, the ad- vantage which this conceflion will give them, by laying hold on fome future time to eftabUfh their independency j when either the increafe of their numbers and riches, fhall impel them to iTiake off their mother country; or, when that country, prefTed by the exigency of her affairs, or attentive to her commercial interefts, fhall lay on any additional tax, or direct their trade in fuch channels as, however beneficial to the ge- neral good, may be conceived by them to be lefs commodious to their particular views, than what they could wifh for. So that the utmofl merit of this meafure, feems to be that of a temporary expedient, to ward off the evil hour to a future day. In fhort, it is not the opprefTion of the flamp adt, confidered as a tax, that has fo highly animated the commotions of Ameri-r ca : it is clearly the fpirit of independency. It is the defire of managing their own af- E 2 * fairs \ t , (i / 1 i i m n ( 28 ) fairs more to their own advantage, than what they think can be accomplifhed, under the government and fubjedlion of Great Bjitain, It it the high and imperious ambition of* being themfelves, a nation of indepehdent llates ', the accomplifhment of which is fatal to the profperi ty of Great Britain. This brings us back to the fmgle object in view; that is, how this may be prevented, ' The repeal of the ftamp a6t is a proper fkcrifice to their prefent humour. To lay on, immediately, a frefh duty, however fmall, is necelTary to maintain the honour of parliament, and the right and authority of national legiilation. But to me it is evident that both the one and the other will be alto- gether infufhcient, unlefs that a proper fy- ftem of provincial government be eftablifli- ed. •— The not adverting to the natural and neceflary difference between national, and provincial legiflation and government, fcems to me, to have been the principle caufe of the difference in opinion, about the *lght of Britiih legiflation in America, tor, if it had i ^ i had been once clearly undeff^ood that, fci the Americans to tax themfdves, and td have reprefentatives, as in Great Britain^ wotiid he to lofe them, and make them jfh dependent of Great Britain ; perhaps, ad^ verfe to act ; nobody would have becii found on yoitr fide of the water *, at 1eafl# to oppofe the jufticc of their being taxtf*} and governed by the Britifh parliament j 6^ 16 think, that the liberties of the people of Great Britain were, for this reafon,* in ahy danger j or, that the condition of the North Americans would be that of Haves. On the contrary, it muft have appeared, that the true intereft and maj elly of the people of Great Britain, were eminently concerned in- fupporting fuch meafures, as were necelTary to accomplilh this end. It would have like- wife appeared, on difpaffionately confidering the intimate Connection and mutual intereft between the mother country and her colo- nies, that they never can be in danger of * The author wrote from a neighbouring kingdom, to his friend at London. llavery ( 30 ) ' flavery or opprefiion : for, whatever clTen- tially injure. tSct >, muft neceffarily hurt and injure t' , mv iier country; and although tiiey may fufFer a temporary inconveniency, by any inadvertent, or mifconccived law, pafTed in parliament j it is impofljblc that it can remain longer unredrefled, than the moment that it is clearly difcovered and made known to be fuch ; while the mother country retains any fenfe of what is her own 14 r-'^ >■ ^I *^o ■fH^viir-v-.-* :;ui . *;" M ,t;';j 7 Vr^nrd) *?.!: av> ♦ J.:. /i. ■ ■> '^ ^i." -^ • h\::'^"l i.y ' >i.;i'lA fjiii / -■ I am, Sir, &c. 1q ■■■ .?.- J,' ■ . i, , : .^'' • . ; } - .^.j i.l Irr.-: M'll^:'^.' i>i/- o;i ill ■ . 'J if ; - \-> ■■ X.X-- ''^ ' •-■« fivV .-■ ■■*'sj;-.<"'^l? t-i;-, . d .. • t. n ,i/" • -j' ' ■ ^ i* ^-.^ ir > Mi.. '-< n. LETTER %n\ ( 3« ) Di».'- ,v ;• g1it;}ifji' :.\::ti b., a^'ii 'lt^'/L.!/n4 4':^ i i > '-)":.'" ■ '■ :- '1, ^•■'* •■' '^r li 9»-[3 v^5. '■♦ ■'•'- •■^ai'^f L E T T E R III. ^ '■ ,'*^''"i"{ V ■; f , V'.i'»1 r .1-'/ -i"-'.,i ,.;^ 'i >•,^^^;. J,; V ill iDi ;h :;..;:, 5) 1 XX« -' M * i* -^ •' THave, with avidity, fought after every A argument in fupport of that very extra- ordinary pofition; that the legillature of Great Britain have no right to tax the Americans : and I moft fincerely own to you, that all I have met with, is bold afler- tion ; and even that aflertion contradictory in itfelf. If the leglflature of Great Britain have no right to put their hands into the purfes of America ; v^rhat poffible right can they have to bind her by the laws refpeding external commerce, in all its branches ? If, by tax- ing them, as it is alledged, it depends upon the (. 32 ) the breath of a Britifli parliament, whethcf or not there is a penny of property in America : does not this penny of property equally depend upon the breath of that par- liament, when they can, by right, as is confefled, regulate their external commerce in all its branches, upon which, folely, this penny of property depends for its exiftance? Is it not the fame thing to me, whether you xeftrain me from earning a penny ; or, take the penny from me, after I have earned it ? Should it be alledged that, in retraining their trade. Great Britain will haye an unit- ed confideration of their intereft, along with her own. This reply will be good and con- cluiive. But, the fame reply will likewife anfwer, with refpeil to internal taxation. For, if the legiQaturc leaves them not a penny of property -, or, in other words, opprefTes them with taxes ; they cannot carry on com- merce, and ilie mud fufFer along with them. In fliort, the reft of the world are fo far ad- vanced in commerce, and are fuch formida- ble rivals of Great Britain, that her laft and ultimate ( 33 ) ultimate hope is, in the comn)erce of her colonies, and her trade with them. This circumftance I hold to be undeniable. And in this view, the profperity, or, adverfity of the colonies, is the profperity, or, adycriity of Great Britain. She cannot, therefore^ opprefs and injure them, without immedi- ately and neceflarily feeling it herfelf : and this is their fecurity, and the beft fecurity in the world, of being always free and al- w^ays flourifliing, under her foyereignty and government. i-'.t It is not fo, if you will conlider Great Britain as dependent upon her provinces ; or, which is the fame thing in the prefent queftion, them as independent of her, by being allowed the fupreme fovereignty and government of themfelves, in having an ex- clufive right of taxation. The reafon is fimple and plain. The profperity, or adver- fity of Great Britain, is not, neceffarily, the profperity or adverfity of the colonies. ,,*- For, in the firft place, the ^riif "y of Great Britain requires, that the commerce r ■ 8f n 'iff' ( H ) tjf die colonics may be cad into certain tliali- licls, and fufFer certain reftricflions and limi- tations ; which, were the intcrefl of the co* lonies the Ible objedt, would appear highly prejudicial ^o them. The intereft of Great Britain may, likewife, require aids by tax- ation, when the colonies fhall be rich and affluent} and, therefore, able to afford them; in order to enable her to funport the expence of government in the time of peace; eafe the incumbrances of her public debt ; or, de- fray the charges of a public war. But none of thefe, the colonies being judges, can be confidered as their intereft ; nor, being left to their free choice to raife, will ever be agreed to, or accomplished : fo that, in this rcfpe(fl, the profperity of Great Britain, ap- pears to be the adverfity of the colonics. In the next place, the adverfity of Great Britain is not, necelTarily, the adverfity of the colonies. Loaded with a national debt ; burthened with the fole fupport of govern- ment, and all the expcnces incident and ne- ceflary to political connexions, in fiipporting and ( 35 ) and maintaining her power, influence and authority, in the general fyftcm of Europe ; that debt increafed ; her ftrength and ability cxhaufted in the courfe of fut'ire wars; her inteftine divifions and factions, kept up and flrengthened in their hatred of, and oppoli- tion to, one another ; all thefe might reduce Great Britain to the lafl: extremity of debi- lity and wretchednefs, without having any other efFeC:!: upon the colonies, under the fuppofition, that they had an inde- pendent right of Icgiflation, to tax an4 Tthen themfelves as they thought pro- ^^f, than that of giving them a nearer profpeil of rifing upon her ruins j and after having been reared into maturity at the boundlefs expence of her beft blood and treafure, to fpurn and reject her in her ftate of defolation j and fpringing frefh> youngs iind vigorous, into a reign of abfolute inde- pendent and national government ; ftart for the prize of pre-eminence, with all the other powers of the earth. In this view the deep 7 ^it adverlitv of Great Britain would appear ¥9 _ ( 36 ) only conducive to the higheft profpcrity of the colon.^es. I, therefore, conclude, that the profpc- rity, or, adverfity of the colonics, being the profpcrity or adverfity of Great Britain^ the right of fovereignty, as including taxation, ought to remain indiffoluble in the legiflature of Great Britain, over the provinces , and that the profperity and adverfity of Great Britain, not being the profperity or adver- fity of the colonies ; the power or privilege of exclulive and independent taxation, ought never to be given to, or intruded with the provinces. I am. Sir, &c. I, -a,; , 1 ' ■ ''''^' ■ ■ f -• .1 :*vii ..'. > ^ _..... . , « ■-. : ■• * LETTER \, •.:.-'■ '( 37 ) LETTER * <• IV. . , «• . , . SIR, . ■ *■ TAKE here another view of this ar^. ment. Much has been faid of the focial compaft. and the fov-reign right of the people. _ In an abftraa, moral view; all men are alike. All men have a right to liberty, freedom, independency : none to pre-eminence ; but whf.t they may derive from others, on ac- count of their wifdom, heroifm, benevolence. &c. And all this includes the intereft and fcrvice of the people. -_ But, look over the face of the earth, and find out this focial compaa ? Examine the rights, and fove- reignty of the people. Where do they exift i How ■■\- ( 38 ) How did they begin ? Upon what are they founded ? w The people of the eafl, compared to whom we in Europe, are but a handful of men, have the fame rights and privileges, the fame title to liberty, freedom, and indepen- dency, as men, that we have. Where is meirfocialcompafl? Where their fovercign- ty ? They are as the bcafts of the field, the property of their maflers, the flieep of his paflures. — The people of Europe^ com- pared to whom we in Britain bear as little proportion. Where is their magna charta ? Their habeas corpus ? Their juries? Their parliaments ? Their reprefentatives ? Their exclufive right of being taxed by their re- prefentatives only ? They are the humble and obedient fubjeds and vafTals of their re- fpedlive fovercigns and lords ; who think for them, and a?•>*■>>**■/ 'V. r.'l ri^(p!!'-{'..>.,U'-^i>f{ Let us apjily what has been /aid to th^ cdlonksk It may be faid, the Americans are the oiF- •fpring and children of Britain ; that they are, iikewife, poflefTed of property, the efficient caufe of power and dominion : and that they are, therefore, morally and naturally in titled to all the liberty, rights, and privileges of ^Britons; and of confequence, they ought, in order to have their property in America taxed with their own confent, to be reprc- . , H fented, !i. I- Wanted, from America, in the Britifli parlia- ment. — - 1 aiifwcr-— They are intitled to all the liberty, rights, and privileges of Britons ; but to no reprefentation from America. Be- caufe (not to repeat what has been formerly obferved, that, as Britons, and the fubjecfts of Britain, they are already reprefented) fuch a reprefentation, were it complied with, miift, to anfwer the purpofe inteiided, be made tidequate to the numbers of the people, or the value of the property poflefled by them, in America -, which would make fuch an in- novation upon the legiflature, and render the Houfe of Commons fuch a numerous, tu- multuous, imweildy, and unmanagable body, as might give an opportunity to a powerful fa(!l:ion, to overfet the throne ; or, to a bold SLwd able minifler, to enflave the people. Secondly, The increafe of numbers, and the occupation and cultivation of new lands, would lay a foundation of equal right, for the fame claim of reprefentation, at lead Cv'ery iwenty-fivc or thirty years ; which is the time allowed, in which the Americans may ( SI ) may double their population. This repre- icntation of America would, therefore, in ft very Hiort time, overbalance the national re- prefentation of Great Britain^ the intercf^ of America would preponderate ; and that of the mother country would be loft. , ' ,. * Thirdly, The inftitution of fuch a repre- fentation from the colonies would give rife, upon the fame bottom of right, to the fame claims from many fair towns and diftri(5ts in Biitain. — All which, taken into one view, muft appear to occafion fuch tumult, difor- der, and anarchy, as would neceflarily dif- folve the conftitution 5 and give rife to fome new kind of government, fatal, in all pro- bability, to Britain. This claim of reprcfentation, therefore, had it any real exiftence, muft yield to the good of the wholes that is, to the good and intereP; of Great Britain; which is the ftand- ard and criterian of liberty and juftice, with her, in refpedt of herfclf, and of her conducft towards all her children. Again, the diftance of America from Great H 2 Britain l!i 1 m i 52 ) • I ,-. .... Britain and the vaft extent of the country it- f*elf, renders it incapable of being kept and governed by Great Britain, in any other form or manner, than that of a province. — Th© people born there, have an affection for the foil. They arcpoffefTedof it. They acknow- ledge it for their country. Th^ir firft and ultimate hopes and fears, are, about its prof- perity, or misfortune. And every othei- country and people, even the mother coun- try, occupy but a fecond place in their con- fideration. In this lituation, then, to grant them the privilege of taxing themfelves, with refpedl to the aids and fupplies to be furnifhcd to the mother country ; or, of le- vying them j is to eflablifii the folid founda- tion of a national and independent govern- ment. For, as already obferved, the mother country, by this very cafl in her conftitution^ is rendered free, and kept independent of fhe crown ; therefore they, by this concef- jion, like caufes producing like effe(5i:s, will necefTarily become free and Independent of Great Britain. They will be the judges of her i 5i } her neceffities ; they will judge of thcjaiL a^^ cording to their own conveniency andi in-* tereft. And flie, from being the mother ami miftrefs of her potonies, will become tho humbJe fervent and fuppliant of another na^f tion. This would be efFe<5tually to deilxoy the focial compact, between the mothcf country and her colonies. All that the fo^ cial eompa^ requires, in the utmoft extent i and all that can be given, confiftent with the fovereignty, the profperity and bapplne6 of the people and ftatc of Great Britain, isi^ that the colonies may enjoy as much free* dom, liberty, and independency, as their fu tuation will admit of, as fubje r I 57 ) who, in cafes relative to the revenue, are fubjedt to the decifion of judges, without the affiftance of juries. The barriers of their liberty remain ne- verthelefs intire. The fovereign fountain of juftice is always open to them at home, by appeals. They make their own laws, in their corporate aflemblies, for regulating their internal police; and in every queftion cf private property, they enjoy, as they ought, immortal juries ; and all the rights and privileges of Britons there, and every where elfej and GreatBritain cannot injure or hurt them, without fuffering along with them. I beg leave then to fay, that. North Ame- rica muft be governed as a province, if Great Britain be inclined to govern her at all : and a military force muft be made ufe of, as well to fecure her obedience, as to afford her prc> • tedion. As a means to governing well, and • towards promoting her intereft to the beft advantage i it may, perhaps, appear not in- . expedient, to admit a deputation from her in the Houfe of Commons. But that this