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Les diagrammes sulvants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 m-^^ ' M V < ■"• i./.' ' ^ .A N E S S AY ON THE CONSTITUTIONAL POWER OP G R E AT-B RI r A'lN OVER THECOLONIES IN AMERICA', " •' ■* '■ 1- ' -^ . WITH T H :^ >: V RESOLVE S ; OF T H E COMMITTEE FOR THE PROVINCE OF P E NN STLFAN I A, ■ ■ -" I • . AND THEIR INSTRUCTIONS Totheir REPRE SENTATIVES IN ASSEMBLY. PHILADELPHIA: Printed and Sold, by William and Thomai Bradford^ at the London Coffee-Hou/K '//4>6j^ 1 1^. '-( (■J^-tr*^., I .-4 . « 4': ^ ' 1 ■•■■,.^f H •A ^ 4l *j,-*^ »ffjr5. •f, nc A. 1 :-V ■. ■>, ^■.i:■ V; "v'^Jl^i'iJ • '>^»;- ;:'.'■ I -: ■ L ■■ C . ■;iv.. -:. . Vi ^IVL •V,- .;.- V; ?.0^f ^aT ■»-t ,fs^,..... «,^.« ;,., »■«:•„ s ■ rsO . ■ I ..M.**»'->*»w-»--'-^.»*«'* • .:;i: ^» -i'v .u"? .;;f: 'j^i.u- rt V /S ¥t'J" <»«^ 'Vi .■*;>r- «*^ SAJ"W-i 1 J IJ<> kl ,!:!-^;y;-»f^ t £ C • >J A /i. •..'.? »_. .-v^i V ^JiSii'' f,^ -.--Jii i ^ . -^ ' clt.i V -.' I 1- Extract from the Minutes of the COMMITTEE. ■ ' ni.i.-. jU' SATURDAT, July i6, [1774.] THE committee for the f province of Pennjylvania\ met according to adjv)urnment. . yc;*. iu .- ^s. r^.v ' John Dickinson, Doflor William Smith, Joseph Read, John Kidp, Ei.isha Price, William Atlk2, James i>MiTH, Jamis Wilson, Daniel Broadheap, John Okei.y, aud William Scull, are appointed to prepare and bring in a draught of inilrudions. Monday, July 18. * The conunittee appointed to bring in inftruftions, reported, that they had made a draught, which they laid upon the table, ' , Mo'vedt That they be read, — which was done. "^ Tue/Jay, July 19, Upon a motion made and feconded, agreed that the draught of inllrudtions brought in by the committee, and which were read, be re-committed to the fame committee. ,'./Lb: \.i ' s.!-;,;.; -.-;::^;h. M'^i! '] Wednejday, July 20. The committee having brought in & draught of initrudions, the lame were debated, amended and agreed to. A 2 :' V" ■ ;'" !. Thur/dajt ,'•*■• '1 ,f-i * The committees of the counties having bcch invited, by the committee tor the city and county of Philadelphia, to meet them at Philadelphia on the ijth ot July ; this committee thought it their duty, to make Tome preparation in the bufinels, that was te be laid before the provincial com'mittee by them. On the 4th of July they appointed a committee for this purpofc ; and this mea- fure enabled thofe appointed by the provincial committee to briu|f in a draught fo foon. I I iv ] Tiur/Hay^ July 1 1 . The inllruAinns were figned by the chairman.— I'he committee in a body, waited on the AflJembly then fitting, and prefented the fame. It having been moved, that the eflay of the inftruflions firft propoled to be tiven to the honourable Affembly of Penn/yl'vania^ by the provincial committee aU'embled at Philaaeiphia i\ic 1 8th inftant might be abridged, leaving out the argumentative part, fo as to be more pioptr for inlliudions, the fame was agretd to ; but rtfoked at the fame lime, that the whole work ought to be publilhed, as highly delcrving the perulal and feriou.* confideration of every friend of liberty within thefe colonics. ^ ,^ Agretd unanimoujly^ That the thanks § of this committee b^ given from the chair to John Dickinson, Efq; for the great aflillance they have deiived from the laud&ble application of his eminent abilities to the fervicc of his country in the above performance, , , ,,., ExtraEi /rem tht Minutts, ' r' / . ! i CHAKLES IHOMSON, Clerk of tht Committte. ^ * P R E- § Mr. Dickinson being abfent this day, on account of the funeral of a relation, the next diiy the chairman, in a very obliging maimer, delivered to him from the chuir the thankt of the committee ; to which he replied : '• Mr. Chairman, " I heartily thank this rcfpetaablc AflTcmbly for the honour they have confened upon me, but want words to exprcfs the fenfe I feel ot thtii kiudnefs. The mere accidents of meeting with particular books, and converting with particular men, led sne into the train of fcntiments, which the committee are pleafed to think juft ; and others, with the like opportunities of informa- tion would much bettei have defervcd to receive the thanks, they DOW gcneroufly give. I coniider the approbation of this company as an evidence, that they entertain a favourable opini- on of my good intentions, and as an encouragement for all to apply themftlvcs, in thefe unhappy times, to the fervice of the public, fince even fmall endeavours to promote that fervicc, can find a very valuable reward. I will t|;y, during the remainder ©f my life, to remember my duty to our common country, and, it it be pofljble, to render myfelf worthy of the honour tot which I now ftand fo deeply indebted. r ' y I thank you, Sir, for the polite and aflPeiflionate manner, in ^ which you have communicated the fcnfc of the committee to me." m i • I >>;!'• ^y^l? r •v: ^e¥S[fe i^^^ Kj^f\/\JZJ^ ^fi^^^T^fim ■J '. ' > P R E F A C E. WHEN the committee for p^re- paring a draught of inftruc- tions was appointed, it was confider- ed, whether it would not be proper, to form fome kind of a Iketch, however imperfeft it might be, of all the grievances of the colonies, and of courfe of their conflitutional rights. '"' Such an attempt, tho' very rude, might be improved by better hands; and it feemed abfolutely neceflaty, no longer to confine ourfelves to occa- fional complaints and partial reme- dies, but, if poffible, to attain fomc degree of certainty concerning our lives, liberties and properties. ;,^,,. ~ ' « flifit ' ■ ' It was perceived, that if the indruc- tions (hould be formed on this plan, they would comprehend m.any and ve- ry important pofitions, which it would be proper to introduce, by prcvioully alhgning die rcalbns, on which they were founded. Oiherwifc, the pofi* tions might not appear to the com- mittee to be juft. From this confi- deration it became necelTary, to ren- der the inftruflions long and argu- mentative ; and whoever candidly reflefls on the importance of the oc- cafion, will think fuch a method very juftifiable. ♦• ■ . . ■ The draught of inflrufiions being brought into the provincial commit- tee and read, and no objection being made to any of the principles aflerted in them, it was not thought neceffary, that the argumentative part (hould continue any longer in them. The committee, that brought in the draught, therefore moved, that this part of the infiru61ions might be fe- parated from the reft. Whereupon the draught was re committed, for this purpofe, to the committee, that i ' brought it in. Ihis was done. ., "tkv -<«.-' *■■* >' ■ Several ► » A- f vu ] !>' J^. / - « ,"l . „ * ^ ^. 4^^ Several additions have been made to the other part, now called *' An Effay," &c. fincc the vote for pub- lilhing. The additions are diftinguifh- ed by crotchets, thus [ ] and in thcfe it was not thought necelTary to obferve the Ilile of inflruftions. The notes have been almoll entirely ad- ded fince the vote. August i, 1774. iiV: '1 r ; ■• V,' ." i iliw if, t ^ jor 'j ■1 i 1 1 %> '•■*l^ 'f > "?■■■■•* , r f ! *- " '^ t'Mt>{] :UNv/ h ' hIi ,i luu ■'i\ h M{ It .'Ui<. RESO- 'i; <,i L '-' ' :.'',-. J I- --'CHI ,rr^ o ' ►. ''?:, '' \ ' t "A 4 It, I #?!' 'P^ •w, / Ki!&4!&:Xl&iti»X:i:fcil&2^51&7^ H \^ ■ * • RESOLUTIONS, ^c. ^/ a provincial meeting ef deputies chofoi by the fevcral counties^ in Pennfylvania, held at Fhiladelphia, July 15, 17 /^^ and continued by adjournments Jrom day to day. PRESENT. For the city and county of Philadelphia, Thomas Willing, John Dickinson, Peter Chevalier, Edw. Pennington, Thomas Wharton, John Cox, Joseph Reed, Joseph Moulder, Anth. Morris, jun. George Gray, John Nixon, Jacob Barge, Thomas Penrose, John M. Nesbit, Tho. Wharton, jun. Jonathan B. Smith, Samuel Erwin, 'James Mease, Thomas Fitzmmons, Thomas Barclay, Dr. William Smith. Benjamin Marshall, Isaac Howell, Adam Hubley, George Schlosser, Samuel Miles, Thomas Mifflin, Samuel Howell, William Moulder, John Roberts, John Bayard, William Rush, Christoph* LuDwic,' Charles Thomson. A Bucks, wm /^< r^ ] Bucks. John Kidd, John Wilkinson, Henry WvrKOOP, James Wallace. Joseph Kirkbride, Chejier. Fran. Richardson, Hugh Llovd, Elisha Price, John Sellers, John Hart, Francis Johnson, Anthony Waine, Richard Reiley. Lane after. George Ross, Emanuel Carpenter, James Webb, "William Atlee, Joseph Ferree, Alexander Lowry, Matthias Slough, Moses Erwin, Toi'k. James Smith, Thomas Hartley. Joseph Donaldson, Cumberland. James Wilson, William Irvine. Robert Magaw, Berks. Edward Biddle, Thomas Dundas, Daniel Broadhead, Christoph. Schultz. ^, Jonathan Potts, Northampton. ' William Edmunds, JohnOkeley, Peter Kechlein, Jacob Arndt^ Northumberland. W^illiam Scull, Samuel Hunter. Bedford, George Wooi^s. /. ' , fVeftmor eland. Robert Hannah, James Cavett. THOMAS .\i C 3 ] -■JV-. ', 'M'"' % THOMAS WILLING, Chairman. CHARLES THOMSON, Clerk. Agreed that, in cafe of any difference in fentiment, the queftion be determined by the deputies voting by counties. The letters from Bojion of the 13th of May were then read, and a fhort account given of the fleps taken in confequence thereof, and the meafures now purl'uing in this and the neigh- bouring provinces; after which the following RESOLVES were paired. TT T ^TnHAT we acknowledge ourfelves, UnAN. I. I ,,•.!• r w JL and the mhabitants or this pro- vince, liege fubjedls of his majtfty king George the third, to whom ihey and we owe and will bear true and faithful allegiance Unan. II. That as the idea of an uncon- ftitutional independence on the parent (late is utterly abhorrent to our principles, we view the unhappy differences between Great Britain 2ind the Colonies with the decpell diftrefs and anx- iety of mind, asfruitlefs to her, grievous to us, and deftrudive of the beft interefts of both. Unan. III. That it is therefore our ardent defire, that our ancient harmony with the mo* A 2 ther I ■.'■ f I [ 4 ] ther country (hould be reftored, and a perpe- tual love and union fubfiH: between us, on the principles of the conftitution, and an inter- change of good offices, without the lead in- fraflion of our mutual rights. Unan. IV. That the inhabitants of thefc colonies are entitled to the fame rights and li- berties WITHIN thefe colonies, that the fubje^ls born in England are entitled to within that realm, Unan. V. That the power aflumed by the parliament of GreatBr'Uain to bind the people of thefe colonies, " by (latutes in all Cases WHATSOEVER," IS unconftitutional ; and there- fore the fource of thefe unhappy differences. Unan. VI. That the a6t of parliament, for (liutting up the port of Boftony is unconfti- tutional; oppreffive to the inhabitants of that town *, dangerous to the liberties of the Britijh colonies; and therefore, that we confider our brethren at Bofton as fuffering in the commor; caufe of thefe colonies, Unan, VII. That the bill for altering the adminiftration of juftice in certain criminal cafes within the province oi MaJfachufetts^Bay,, if pafled into an afl of parliament, will be as vnconftitutional, oppreflive and dangerous, as ^he ^6k above-mentioned, Unan. ■',?■ , V' m [ 5 ] Unan. VIII. That the bill for changing the conftitutign of the province of Maffachufetts Ba)\ cftabliflied by charter, and enjoyed fince the grant of that charter, if paffed into an aft of parliament, will be unconilituiional and dan- gerous in its confequences to the Am£rican CO- lonies. Unan. IX. That there is an abfolutc nc- ceflity, that a congrefs of deputies from the feveral colonies be immediately afiembled, to conCult together, and form a general plan of conduct to be obferved by all the colonies, for the purpofes of piocuring relief for our fufFer- ing brethren, obtaining redrcfs of our griev- ances, preventing future difienfions, firmly eftablifhing our rights, and rcfl:oring harmony between Great-Britain and her colonies on a conftitutional foundation, Unan. X, That, although a fufpenfion of the commerce of this large trading province, with Great-Britain, would greatly diftrefs mul- titudes of our induftrious inhabitants, yet that facrifice and a much greater we are ready to offer for the prefervation of our liberties-, bat, in tendernefs to the people of Great-Britain, as well as of this country, and in hopes that our juft remonftrances will, at length, reach the cars I r ^ >r V. ,i 'i ■ . (■' '.. V C 6 ] cars of our gracious fovereign and be no longer treated with contempt by any of our fellow fubjedls in England, it is our earneft defire, that the congrcfs (hould firll try thr gentler mode of dating our grievances, and niaking a firm and decent claim of redrefs. XI. Resolved, by a great majority, That yet notwithftanding, as an unanimiiy of coun* fels and meafures is iiidifpenfably neceflary for the common welfare, if the congrefs Ihall judge agreements of non-importation and non-ex- portation expedient, the people of this province will join with the other principal and neighbour- ing colonies, in fuch an aflbciation of non-im- portation from and non-exportation to Great- Britain as fhall be agreed on, at the congrefs. XII. Resolved, by a majority. That if any proceedings of the parliament, of which notice fhall be received, on this continent, be- fore or at the general congrefs, fhall render it necefTary in the opinion of that congrefs, for the colonies to take farther fteps than are men- tioned in the eleventh refolvej in fuch cafe, the inhabitants of this province fhall adopt fuch farther fteps, and do all in their power to carry them into execution. Unan. XIII. That the venders of mer- chandize of every kindj within this province^ . . ought §1 M [ 7 ] ought not to take advantage of the rcfolvcs relating to non-importation in this province or clfe where; but that they ought to fell their merchandize, which they now have, or may hereafter import, at the lame rates they have been accuftomed to do within three months iuft paft. Unan. XTV. That tl-e people of this pro- vince will bleak off all trade, commerce, and dealing, and will have no trade, commerce, or dealing of any kind with any colony on this continent, or with any city or town in fuch colony, or with any Individual in any fuch co* lony, city, or town, which (hall refufe, de- cline, or neglefb to adopt, and carry into exe- cution fuch general plan as fhall be agreed to in congrefs. Unan. XV. That It is the duty of every memberof this committee to promote, as much as he can, the fubfcription fet on foot, in the feveral counties of this province, for the relief of the diftrefled inhabitants of BoJlotK Unan. XV!. That this committee give inftrudfons on the prefent fituaiion of public affairs to their reprefentativcs, who are to mecc next week in AlTembly, and requcfl them to appoint a proper number of perfons to attend a congrefs ot deputies from the feveral colo- nics, ^-i^^,*^ C 8 ] ''(Alt* /t^ j nics, at fuch time and place as may be agreed on, to cfFeft one general plan of conduft, for attaining the great and important ends men- tioned in the ninth refolve. '^ ^ '- *" ' * 4 f>,\ i 1 :." . W «t ., ji R: *. <^ J': -■ , *" ■' ** ■ ;-f ■^i::- (■ * 9 '■ rf^i ' . • ' :' ^■' ■'' .' '■[ , ^ * •^ '■ . Mr' I a • J-' I'' Tt 'OV- 7*.-!'i./'? I ;■ ' 1 V . •' i" * '* ^^>!': •; :.'■: '/i. '!'.,> ■ i :' ■„ iUi'r.y -- :*»■•>; ^ :' ■ i ' ;;', -/ - ., :, U:- . . .*" ir:--.. A,: vfr^a'ifJ tv, A ^ -'V* INSTRUCTIONS -If '^4(l^■^ ■1' '¥ t. .:^ ■$ ^^^^iii^'^l^'illy^m^^^ INSTRUCTIONS From the Committee to the Repre- sentatives in Assembly met. Gentlemen, THE diflcnfions between Great-Britain and her colonies on this continent, com- mencing about ten years ago, fincc continually encreafin^, and at length grown to fuch an excefs as to involve the latter in deep diftrefs aifd danger, have excited the good people of this province to take into their ferious confi- deration the prefent fituation of public affairs. , The inhabitants of the feveral counties qua- lified to vote at ele6lions, being afibmbled on due notice, have appointed us their deputies; and in confequence thereof, we being in pro- vincial committee met, efteem it our indifpen- fible duty, in purfuance of the truft repofed in us, to give you fuch inflruftions, as, ac this important period, appear to us to be proper. We, fpeaking in their names and our own, acknowledge ourfelves liege fubje(5^s of his ma- jefty king George the ibird^ to whom " we will be faithful and bear true allegiance.' ** B Our c lO ] R Our judgments aifd affedlions attach us, with inviolable loyalty, to his majefty's perfon, family and i^overnment. •^('We acknowledge the prerogatives of the fo- vercign, among which arc included the great powers ot making peace and war, treaties, leagues and alliances Ipindi ^ us — of appointing all officers, except in cafts where other provi- fion is made, by grants from the crown, or laws approved by the crown — of confirming or annulling every aift of our afllmbly within the allowed time — and of hearing and deter- mining finally, in council, appeals from our courts of juftice. '* The prerogatives ar? li- mited," *as a learned judge obferves, " by bounds i) certain and notorious, that it is im- poffible to exceed them, without the confent of the people on the one hand, or without, on the other, a violation of that original contra^,§ which • I Blaclijlone 337. § And though we are ftrangers to the original of mod flates, yet we mud not imagine that what has been here faid," concerning the manner in which civil focieties are formed, is an arbitrary fidlion. For fince it is certain, that all civil focieties had a beginning, it is impoHible to con- ceive, how the member."!, of which they are compoffd, could unite to live together dependent on a fuprcme autho- rity, without fuppofing the covenants abovementioned. ^ •- BuRLEMAQUl's Py/W. o/*/Vi-' •Sf •■■'A V >' -. f 01 .,,|j .i...-l.'r "''' ft£fi . ■. ^1 ..I . ., ..(^ /■<',*» llf jlJ. «'/ /J . ,1 . f 1 s/^#- which, in all dates impliedly, and In ours moft exprefsly, Ibbfiits between the prince and fub- je(^. — For thcle prerogatives are veiled in the crown fcr the fupport of focicty^ and do not in- B 2 trench I ~> ■^ Nature has made us all of the fame fpecies, all equal, all free and independent of each other ; and was willing that thofe, on whom (he has bellowed the fame faculties, (hould have all the fame rights. It is therefore beyond all doubt that in this primitive (late of nature, no man hr.s of himlelf an original right of commanvling oihcrs, or any title to fo- vcreignty. There is none but God alone that has of lilmfelf, and in confequcnce ot his nature and perfcdions, a natural, efien- tial, and inherent right of giving laws to mankind, and of exercifing an ablolute fovereignty over them. The cafe is otherwife between man and man, they are of their own na- ture as independent of one another, as they are dependent on God. This liberty and independence is therefore a right naturally belonging to man, ot which it would be unjuil to deprive him againll his will. I J. p. 38. There is a bt.Mutiful paflage of Cicero' t to this purpofe *. Nothing is more agreeahh to the fuprtme Deity, that goi'erns this univer e., than ci-vil Jcciities la^dofuly ejiabltjhed. When therefor;- we give tu lovereigns the title of God's vicegcfents upon earth, this does not imply that they de- rive their authority immediately from God, but it figuifies only, that by means of the power lodged in their hands, and with which the people have iuvefted them, they main- ' tain, agreeable to the views or the Deity, both order and peace, and thus procure the happinefs of mankind. ' •* - /* Id, p. /J.O. ^ ■'4;,i:"(' But * Nihil cfl: llli principl Deo, qui omncm hunc mundum regit, quod quidem in terris fiat acceptlus, quam coniilia ccEtufque honiir iviiates appclluiuur. S'jnvi, SaP. c. ■,. ir jure qua: .[ 12 J ill trencliany farther on our «^//^r^/ liberties, than is expedient for the maintenance of our civiL'* But it is our misfortune, that vvc are com- pelled loudly to call your attention to the con- fideration of another power, totally diiTcrenc in kind limited, as it is alledged, by no ** bounds,'* and § *' wearing a moft dreadful afpedt," with regard to America. We mean the iir ,' p ! in J- :5j^ II* • But it will be here objetJled, that the fcripture itfelf fays, that every man ought to be fubjcQ toihc fupreme powers, becaufe they arc eliablilhed by God *. I anfwer, with Gio- tiust that men have eflabliihed civil focieiies, not in confe- quence of a divine ordinance, but of their voluntary mo- tion, induced to it by the experience they had had of the incapacity which fcparate families were under, of defending themfelves againi^ the infults and attacks of human violence. From thence (he adds) arifes the civil power, which St. Fcter^ for this reafon, calls a human power, || thouj^h in other parts of fcripture it bears the name of a divine infti- tution t, becaufe God has approved of it as an eflablifh- ment ufeful to mankind %' All the other arguments, in favour of the opinion we have been here refuting, do not even deferve our notice. In general, it may be obferved, that never were more wretched reafons produced than upon this fubje6l, as the reader may be eafily convinced by reading Puffendorf on the law of nature and nations, who, in the chapter correfpond- ing to this^ gives thefc arguments ac length, and com< pleatly refutes them H. Id. p. 42, 43. * Rom. xili. II i. Ep. c. z. v. 13. f Rom. xiii. i. \ Grotius of the right of wai Sc peace, b. I. c. 4 § 7, i*. No. 3 51 Sec 'he law of nature and nations, book VII. c. 3. § I Blackjione 270. [ Ki J the power claimed by parliament, ofr^glir, lo bind the people of t'lclc colonies by lt.utir<^«^' *' IN ALL CASES VVJI ATSOE VE R*' — a pOWtT, ai wc are nol, and» from local circiimdances, ca::- mt be reprellntcd then*, uiteily rubvtrlive ot^ our natural and civil liberties pall event.i and realon convincin^.^, u*?, that there never ex- ided, and never can txill, a Hare ilus fubordl- nate to another, and yec retaining': the llii?hicn: portion of freedom or happinefs. ' ''^'' The imporc of the words above quoted needs no defcant; for the wit of m.ui, as wc apprehend, cannot pofTibiy form a more clear, concife, and compreiienfive definition and fci- fence of flavcry, than thefe expitfilons contain. Thi'? power claimed by GrerJ-Britr.in, rtnl the late attempts to excrcife ic over tliefc colo- nies, prelent to our view two events, one of which muH: i?ievitably take pl^ce, if (lie (hall continue to infifb on her pretenfions. Either^ the colonifts will fink from the rank of free- men into the clafs of flavcs, overwhelmed with all the miferies and vices, provM by the hillory of mankind to be infeparably annexed to thar deplorable condition : Or, if they have fenft- and virtue enough to exert themfelves in driving to avoid this perdition, they mud be involved in an oppofition drv-fadful even in contemplation. '■":. ••';^->f ,:.;^ ? it! [ . » m H 3 llomur^ jujiicc, and humanity call upor us to iiold, antl to tranrniit to our pollrrity, that li- bcrty» which wc rcccivtxi from our ancc(tors. It is not our du^y to leave wealth to our chil- r^scn : But it is our duty, to leave liberty to them. No infamy, iniquity, (tr cruelry, ran exceed our own, if we, born and educated in a country of '.rcedoin, entitled to its blelfmns, and knowing their value, pufilanimouriy de- lerting the poll affigncd us by divine Provi- dence, lurrender lucceeding generations to a con- dition of wretchedneH:, from which no human efforts, in all probability, will be fufficient to extricate them -, the experience of all llates mournfully demonfl rating to us, that when ar- bitrary power has been eftablifhcd over them, even the wifcfl: and braved nations, that ever fiourilhed, have, in a few years, degenerated into abjc6l and wretched vafTals, So alarming are the meafures already taken for laying the foundations of a defpotic autho- rity of Great-Britain over us, and with fuch art- ful and incefTanc vigilence is the plan profecuted, that unlefs the prefent generation can interrupt the work, while it is going forward^ can it be imagined, that our children, debilitated by our imprudence and fupinenefs, will be able to over- throw it, when compleated? Populous and pow- erful as thefe Colonies may grow, they will dill find arbitrary domination no: only ftrengthcning with C 15 ] with their ftrcngth, hut exceeding, in the fwifr- ncls of its prof^rclTion, as it ever has do.ic, all the artlcfs advantages, thar can acrue to the go- verned. Thefe advance with a regularity, which the d'vine author of our exiftence has imprLlTed on the lau.iable puriuirs ot his creatures : But dcfpotinn, * unchecked and unbounded by any laws'^ncytx fatisfied with what has been done, while any thing remains to be done, for the ac- complilhmenc of its purpolcs — conliding, and '\ ;, capable • As virtue is nccenary in a republic, and in a monarchy honor, fo fear ik neccHury in a defpotic govornnunt: with rtrp;ard to virtue, there is no occafion for it, and honor would be extremely dangerous. 'iere the irnmenfc power of the prince is devolved intlrely upon th<.fe to whom he is pleafed to cntruft it. Terfons ca- pable of fetting a value upon chemfclvcs would be likely to create revolutions. Fear mull therefore dcprefs their Ipirits, and extincailh even the lead fenfe of ambition. Mont. Spir, rf Lawj, 'vol. i. 6. III. (fj. 9. j^M idea of defpotic pcivir. When the favages of Louifiaiia are defirous of fruit, they cut the tree to the root, and gather the fruit f . Thia is an «/w/V^/» of defpotic government. IJ.bcokV.c. 13. The principle of defpotic government is fear ; but a timid, ignorant, and faint fpirited people have no occafion for a great number of laws. Every thing ought to depend here on two or t h r e e ideas ; therefore there is no neceflity that any new notions Ihould be added. When we want to break a horfe, we take care not to let him change his mafter, his leffbn, or his pace. Thus an imprcflion is made on his brain by two or three motions and no more. ; y. took V. ch, 14. '^•^ '""'' ' r. f Edifying letters, 11 coll. p. 3 1^. •^ f m\ X' ! ) capable of confiding, only in the annihihition of nil cppofifion^-'\\o\y\\i its courlewith Juch unabat- ing and deilruflivc rapidity, that the world has bccon7eits prey, and at this day, Great-Britain ;:nd licr domuiions excepted, there is fcarce a Jpot on the globe inhabited by civilized nations, where the velliges of freedom are to be; oblerved. To us therefore it appears, at this alarming period, our duty to God, to our country, to uurfelvcs,^ and to our poUerity, to exert ourut- molt ability, in promoting and cftablifhing har- mony between Great -Britain and thefe colonies, ON A CONSTITUTIONAL FOUNDATION. For attaining this great and defirable end, we requell: you to appoint a proper ri. mber of perfons to attend a congrefs of deputies from the fcveral colonies, appointed, or to be ap- pointed» Ly the reprefentatives of the people of the colonies refpedively in afferobly, or convention, or by delegates cholen by the counties generally in the refpedive colonies, and met in provincial committee, at fuch lime and place as fhall be generally agreed on: And that the deputies from this province may be in- duced and encouraged to concur in fuch mea- furcs, as mav be devifed for the common wel- fare, we think it proper, particularly to inform you, how far, we apprehend, they will be fup- |)ortea \y, ihciL- condud by their conftituents. ''/-^''- ^ [In ,.,W;. r »7 3 ' {In thiS place was inferted the argumentativ$ part^ which in this publication is called " An The affumed parliamentary power of internal legiQation, and the power of regulating trade, as of late exercifed, and defigned to be exer- cifcd, we are thoroughly convinced, will prove unfailing and plentiful fources of diffcntions to our mother country and thefe colonies, unlefs fome expedients can be adopted to render her fecure of receiving from us every emolument, that can in juflice and reafon be expcdled, and us fecure in our lives, properties, and an equi- table ihare of commerce. Mournfully revolving in our minds the calamities, that, arifing from thefe diffcntions, will moft probably fall on us and our children, we will now lay before you the particular points we requeft of you to procure, if polTible, to be finally decided ; and the meafures that appear to us moft likely to produce fuch a defirable pe- riod of our diftrelfcs. and dangers. We there- fore defire of you--- ,' First That the Deputies you appoint, may be inftrufted by you ftrenuoufly to exerc ihemfelves, attheenluing Congrefs, to obtain a renunciation, on the part of Great-Britain^ of C all |!:P. [;V^i,'3 ■ C 18 J all powers under the ftatuteof the 35 of Htnry the eighth, chapter the 2d.— of all powers of internal legiflation- -ot impofing taxes or duties internal or external— and of regulating trade, except with refpcft to any new articles of com- merce, which the Colonies may hereafter raife, as filk, wine, &c. referving a right to carry thefc fiom one colony to another— a repeal of all ftatutes for quartering troops in the Colonies, or fubjedling them to any expence on account of fuch troops— of all ftatutes impofing duties to be paid in the Colonies, that were pafled at the acceflion of his prefent Majefty, or before this time •, which ever period fhall be judged moft advifeable-'Of the ftatutes giving the courts of admiralty in the colonies greater power than courts of admiralty have in England — ^of the ftatutes of the 5th of George the fc- cond, chapter the 2 2d, and of the 23d of George the fecond, chapter the 29th-'. of the fta- tute for fiiutting up the port of Bofton— and of every other ftatute particularly afFeding the pro- vince of Majfacbufetts Bay^ pafTed in the laft feflion of Parliament. Tn cafe of obtaining thefe terms. It is our opi- nion, that it will be reafonable for the colonies to engage their obedience to the afls cf parlia- ment, commonly called thea(5lsof navigation, and ' C »9 ] and to every other afl of parliament declared to have force, at this time, in thefe colonies, other than thofe above-mentioned, and to confirm fuch ftatutes by a6ts of the feveral alTemblies. It is alio our opinion, that taking example from our mother country, in abolilhing the " courts of wards and liveries, tenures in capite, and by knight's Ccrvice, and purveyance," it will be reafonable for the colonies, in cafe of obtaining the terms before mentioned, to fettle a certain annual revenue on his majefty, his heirs and fucceffors, fubjedt to the controul of parliament, and to fatisfy all damages done to the Eaji- India company* This our idea of fettling a revenue, arifes from a fenfe of duty to our fovereign, and of cfteem for our mother country. We know and have felt the benefits of a fubordinate con- nexion with her. We neither are fo ftupid as to be ignorant of them ; nor fo unjufl: as to de* ny them. We have alfo experienced the plea- fures of gratitude and love, as well as advan- tages from that connexion. The impreffions are not yet erafed. We confider her circum- flances with tender concern. We have not been wanting, when conftitutionally called up- on, to affift her to the utmoft of our abilities ; infomuch that fhe has judged it reafonable to C 2 make i mm -if I • I »o ] make us recompcnccs for our overtrained ex- ertions : And we now think we ought to con- tribute more than we do, to the alleviation of her burthens. ? u Whatever rray be faid of thefe propofals on either (ide of the Atlantic^ this is not a time, either for timidity or raftinefs. We pertedtly know, that the great caufc now agitated, is to be conducted to a happy conclufion, only by that well tempered compofition of counfels, which firmnels, prudence, loyalty to our So- vereign, refped to our parent State, and at- fe6tion to our native country, united mud form. By fuch a compaft. Great Britain m\\ fecure every benefit, that the parliamentary wifdom of ages has thought proper to attach to her. From her alone we (hall continue ro receive manufac- tures. ^0 her alone we (hall continue to carry the vaft multitude of enumerated articles of com- merce, the exportation of which her policy has thought fit to confine to herfelf. With fucb pdtrts ef the world only ^ as (he has appointed us to deal, we Ihall continue to deal ; and fuch commodities cnly^ as (he has permitted us to bringirom them, we (hall continue to bring. The executive and €oninulin^ powers of the crown will retain their prefent c 21 ] prcfcnt full force and operation. We (hall con- tcntcdly labour for her as affcdionate friends^ in time of tranquility ; and cheerfully fpend for her, as dutiful children^ our treafurc and our blood, in time of war. She will receive a certain income * from us, without the trouble or cxpence • The train of Officers, employed by Great-Britain, confume a very large part of what (he takes from us. She therefore increafes our dillrefles to make up for that con- iiimption. They will hereafter grow more and more op- preflive, we more and morejunealy; ,flie more and more dif- turbed. We could raife aft-e^ualTum in a much more eajy^ tqualt and cheap manner, than ihe can do. The attention of fmall dates extends much more efficacioufly and beneficial!/ to every part of the territories, than that of i:he adminidra^ tion of a vaft empire. The reprefentatives in affembly, WHO ARE TAXED, WHEN THE PlOPLE ARE TAXED, AND ACCOUNTABLE TO Tij E M^vrtllkave doublc motires to take care, that the r«//f//g-^inoney ismanaged in the bed way. The Houfe of Commons would not bear to examine everf particular relating to the juft taxation o^ every county on thii continent, zn^ to fettle all the accounts fairly. Jf they couli go through the immenfe labour, it would be impofiible for them to do any other bufmefs In fliort, by not doing it, they would be uhjujl ; by doing it they would be ujdefu Equity and reafon demonflrate that fuch a power belongs not to them. T h fl fawn rgnfon i ng hol d g a c to tho nffliMtim o f m o ney i We have had fome remarkable inflances on this continent fome itsu years ago, of the crown being according to all the forms of huf fiefs charged with Att'icleSt that never went to the ufe of the crown. Thefe vjtvt perquiftes^ and who could be fo puritanical as to blame the civil word. It is faid, our barracks coll about £. 8000 of this money — - and that the barracks at another place^ not ueferving a ccm- pariion 'I' I c 22 ] expence of colle6ling it — without being con- ftantly dlfturbed by complaints of grievances, which (he cannot juftify, and will not redrcfs. In cafe of war, or in any emergency of diftrefs to ii- I h parifon with ours, coft;^. 40,000 fterliag. We built our own, ourfehest and were as faving and careful as we could be, it may be fuppofed. If money is raifed upon us by parlia- ment ; of one thoufand pounds, taken out of our pockets, not one hundred, in all probability, will be ufefully applied to the fervice of the crown. Deficiencies will cnfue— they muft be fupplied— other afts are made -fiill others- till our • " unrepre/ented blades of grajsy^ too frequently and clofely cut down and expofed to the burning heat of an unfetting Sun, ever" in its meridiarit^ perifti to their deep-, cfl roots. ** There is not upon earth (fays the excellent Gordon) a nation, which having had unaccountable magiflrates, has not felt them to be crying and confuming mifchiefs. In truth, where they are moft limited, it has been often as much as a whole people could do to redrain them to their trult, and to keep them from violence ; and fuch frequently has been their propenfity to be lawlefs, that nothing but a violent death could cure them of their vi- olence. This evil has its root in human nature j men njoill never think they ha've enough^ whilft they can taKe more j nor be content with a part, when they can feize th« whole."! *' That the bufinefs of mod kingdoms has been ill man- aged, proceeds from this; it imports the /ow/r rank of men only, and the people (whofe cries feldom reach the prince, till it is too late, and till all is pad remedy) that matters Ihould be frugally ordered, becaufe taxes muft " arife «( •( (( mending to places for a confideration, and then inftfting on recommending ftill, and fo getting both ways. Rolling o- ver lolTes upon the crown, or public, while the gain was to fink into private pockets. A father ftopping a large fum in his own hand, which was to have been paid the public cre- ditors. Before he can be brought to account, he dies. The money ilnks into the pocket of his heir. He obtains a pardon h'>- •J ,, \ Davvj. It. *(ix. § Dalr^m^^ Mem. ii, 84.' m Ill' I' 'S" r " t h; [ H ] I to contribute, it will be a mean and manifcft • yiolation of a plain duty, and a weak and wick- ed defertion of the true inrerefts of this pro- vince, whieh ever have been and mull be bound pardon of all his father's debts. Grofs frauds in office found out. Then new officers and falarics fet up as checks. The new prove as great knaves as the old, a^^d form a fcheme of (ollufion and mutual underdanding. But the public pays for all, and the power of the court is ftrengihened. An old placeman begs leave to fell. Pockets the money, and hj and by, through interell, gets a new place gratis Extra- vagant mm fquander their own money in their public em- ployments of embafladors, governors, 5cc. and charge the public with more than they have really fpent, while what they really fpent was ten times more than neccffary. The bufinefs of old offices transferred to new : but the profits of the old dill kept up, though become finecures. An old fcrvant of the public retires upon a penfion. He who fuc- cceds him, by intereft, gets it continued to him. Another gets an addition to his falary, and then fells his place for a great deal more than it cod him, and fo an additional load ' is laid on the public : for the addition mull be connnued, bccaufe the place was bought. An annual fum is granted by the public for a public ufe, as keeping up a harbour, or the like. A private man, by intcred, gets a grant of the jobb; the public concern is neglefted, and the public poc» ket picked. Crown I .uds perpetually begged aiid given a- way to drengthen the court intered. The crown conftantly kept in debt, and parliament folicited to pay thofe debts oc- cafioned merely by the voracity of the court. Commander! of fleets order a fuperfluous quantity of dores. By collu* fion between them and the dore maders, this fuperfluout quantity is fold again to the king, and the money funk ia their pockets. Sometimes the dorc-maders gave receipts for more than was received into the king's ftores, and the ^s„ i mone/ " •. ' C »5 3 ..... ' up in the profperity of our mother country. Qur union, founded on mutual compass and mutual bcntrfits, will be indiflbluble, at Icaft more firm, thin an union perpetually difturbcd by difputed rights and retorted injuries, D Secondly. ..K money was divided among the plunderer). The king's works done by the day, whereas it would have been cheap- er by the great. Money pretended to be coined gratii. Lifts of large Aims newly coined produced. But the con- trivance was to make the pieces unequal, and then the too heavy pieces were carried back to the mint, and the profit funk in private pockets, &c. Secret feritice is a huge cloke thrown over an inlmcnfe fceue of corru>>tion; and under this cloke we muft not peep. Our court-men tell us, there muft be lat-ge I'ums ex- pended in this way, and thofe Aims cannot be accounted for; becaufe the Jervices done for them muft never be knoiuHk Butwefind^ that the commons J, D. 1 708 ad- drefTed queen Anne for accounts of peniions paid for Jecret ftrvice to members of parliament, or to any perfons in truft for them ; and that ' the queen trdered faid account to b6 • laid befhre the boufe.*f Contract are a great fund of minifterial influence. It is Well known, that our miniftry do not accept the moft rea^ JonabU offer; but the offer which is made by thofe, who have the grtattA parliamentary intereft; and that in war time, every man, who fumi^et for the go'vernmenty is en- richetl\ va France iht contrary, which fhews, that we man- age our public money much *worfe than the French miniftry do theirs. In the late war it is notorious, that feveral of our purveyors and commijfariet got eftates fufficient to fet them vp for earls and dukes. But as Burnet || fays, * the re- ' gard, that is fhewa to members ai parliament among us, 1 ' caufet I t Dkb. Com. iv. it^. | Hist, own T4mes, in, i;^. Ill ft !■ '' C 26 ] 'j.n- .^'Tiu.'c ytifirr(Ti,4, to I'u !••-;.>-•) ->iii,«. (., Secondly. If all the terms abovementlon- cd cannot be obtained, it is our opinion, that the mcafurcs adopted by the congrefs for our relief fhould never be relinqtiifljed or intermitted^ until tbofe relating to the troops,— internal Ic- giflailon,"-innporuion of taxes or duties herc- attcr, — the 35th ot Henry the 8th, chapter the 2d,— • caufea that few abufes can be inquired into, or di/co'vered* ;■' , ' ' Pol. Disqu. b. v. p. 274. — *77. What redrefs could a poor plundered, unrcprefented co. lony obtain againft a VtrrtSt fupported by a ftrong parlia- mentary influence. We know what fevcral governors of iiZ/ffo; £•« have dared to do. A governor of Giimttar has ventured to opprefs even the garrifon of that important place. The very drudgery of examining accounts, would probably fecure him. If cad, the injuries could not be rc- compenfed. A fuccefTor might prove .as bad — ** Vi^rix pro-vin iaplorat.," .. ,- ■■, ,. .^'A,.,.. It has been faid in Great Briiain, that Lord Chattf^mt Lord Camden, and fome other great men, have taught the colonies to defpife her authority. But it is as little true as the multitude of invedives vented againft the colonies. The conflant pradice in thefe publications, is to confound fads and dates, and then to rail. It Oiould be remember- ered, that, the oppofition in Ataerica to the ftamp ad was fully formed, and the congrefs held at New-Torif before it was known on this continent, that our caufe was efpoufed by any man of note at home. We (hould be glad to count fuch venerable names in the lill of our friends. They arc the true friends of our mother country, as well as of this ; and ages unborn will blefs their memory. But if every man in Gmit Britain, it carried by the ftream of prejudices into fentimepts, hofiileto our freedom, that freedom will not be the Icfi efteemed, or tli« fooner relinquilhed by Americans. ft ir t 37 ] 2d,— the cxtcnfion of admiralty courts,— the port of BoJ^en and the province of Majfachufeits Bny are obtained. Every modification or qua- lification of thefe points, in our judgment, (hould be inadmifTible. To obtain them, wc think it may be prudent to fettle Come revenue as above-mentioned, and to fatisfy the £.^y?- India company. , . . TniRDLy. If neither of thcfc plans fliould be agreed to, in congrcfs, b^ut fome other of a fimilar nafjre (hall be framed, though on the terms of a revenue, and fatisraftion to the l ad- India company, and though it (hall be agreed by the congrefs to admit no modification or qualification in the terms t'.icy (hall infift on, \ dtfire your deputies may be inftruded to concur with the other deputies in it; and we will accede to, and carry it into execution as far as we can. ., . ... . FouR-THLV. As to the regulation of trade— we are of opinion, that by making fome few a- mendments, the commerce of the colonies might be fettled on a firm eftablilhment, ad- vantageous to Great-Britain and them, requir- no future alterations, with- 'g fubje6t IA1 ) »"ii out mutual confent. We defire to have this -point confidered by the congrefs-, and fuch meafures taken, as they may judgs proper. 'fi VS;''lf3( D 2 In TigS!fe'a8l» 'r| «i i« l >»1 i|i | ■ '^"-n ri %m i ()& Im order to obtain rcdrcfs of our common p/icvanccs, we oblcrvc a general inclination a- inong the colonies of entering into agicenicnts of non-importation and non-cxportation. We are fully convinced, that fuch agreements would withhold very Urge lupplies from Great-Britain »nd no words can defcribe our contempt and ab- horrence ot thofe colonics, if any fuch there arc, who, from a fordid and ill judged attach- nicnc to their own immediate profit, would purfue that, to ihe injury of their country, in this great Itrugglc for all the bleflings of liber- ty. It would appear to us a moll wafteful fru- gality, that would lofe every important poflcf- fion by too ftridl an attention to fmall things, and lofc alfo even thefe at the lafl. For our part, we will cheerfully make any facrifice, when neceflary, to preferve the freedom of our coun- t|y» / But other confiderations have weight with us* ^ We wi(h every mark ot refpe6t to be paid to his majefty's adminiftration. We have been taught from our youth to entertain tender and brotherly afFeftions for our fellow fabje(5ls at home. The interruption of our comrrerce muft diftrefs great numbers of them. This we ear- neftly defire to avoid. Wc therefore requeft, that the deputies you fhall appoint may be in- ftrufted to exert themfelves, at the congrefs, to induce the members of It, to confentto make a full and precife ftate of grievances and a de- pent yet firm claim of redrefs, and to wait the e^ vent. m C 29 J vent, before any other ftep is taken. It is our opinion, that pti'fons fhould be appointed and fcnt home to prcfent this Hate and claim, at the court oi Great -Britaw. ' . ..v ,#•.,.„ If the congrefs fliall chufe to form agree- ments of non importation and non exportation immediately, we defire the deputies trom this province will endeavour to have them fo formed as to be binding upon all, and that they may be < PERMANENT, fliould the public intercft require it. They ( annoc be efficacious, unlefs they can be permanent', and it appears to us that there will be a danger of their being infringed, if they are not formed with great caution and delibera- tion. We have determined in the prefent ficua- tion of public affairs to confent to a ftoppage of our commerce with Great-Britain only; but in cafe any proceedings of the parliament, of which notice (hail be received on this continenc, before or at the congrefs, fiiall render it neceflary, in the opinion of the congrefs to take further fteps, the inhabitants of this province will a- dopt fuch fteps, and do all in their power to carry them into execution. • ;. ■^"i'^^ ^^^'-' "^ fir An-y,! This exrenfive power we commit to the con-d grefs, for the fake of prcferving that unanimity of counfcl and condudl, that alone can work out the ialvation of thefe colonies, with a ftrong hope and truft, that they will not draw this pro- vince into any m^afure judged by us, who mud be *' ! .'!^ !> ,4. ii':fn' li Mi # ^ \ r 1 1 1 1 r IF 30 I be better acquainted with its (late than ftrang- ers, highly inexpedient. Of this kind, wc know any other ftoppage of trade, but of that with Great -Britain^ will be. Even this ftep we ftiould be extremely afflidled to fee taken by the congrefs, before the other mode above pointed out is tried:. But fliould it be taken, we appre- hend, that a plan of reilri(ftions may be fo framed, agreeable to the refpedlive circum- fVances ot the feveral 'colonies, as to rcndei Great-Britain fenfible of the imprudence of her (Jounfels, and yet leave them a nectflary com- merccr. And here it may not be improper fo take notice, that if redrefs of our grievances car not be wholly obtained, the extent or conti- nuance of our reftridlions may, in fome fort, be proportioned to the rights we are contending fbf, and the degree of relief aiTordcd us. This ittode will render our oppofttion as perpetual as our opprejjiony and will be a continual Clai m AND AscF.RTiON OF OUR RiGHTS. We cannot exprefs the anxiety, with which we wifti the confidcration of thefe points to be recommended to yor. We are perfuadtd, that if thefe colo- nies fail of unanimity or prudence in forming their refolutions, or of fidelity in obferving them, the oppofition by non-importation and non exportation agreements will be inefFc<5lual; nnd then we fhall have only the alternative of a more dangerous contention, or of a tame fub- ;« * y f.JMfcJ ?>«► Upon t 3>» 3 «*. -• Upon the whole, we (hall repofe the higheft confidence in the wifdom and integrity of the cnfuing congrefs: And though we have, for the facisfaftion of the good people of this pro- vince, who have chofcn us for this exprefs pur- pofc, offered to you fuch inftruftions, as have appeared expedient to us, ytc it is not our meaning, that by thefe or by any you may think proper to give them, the deputies appo'nted by you (hould be reftrained from agreeing to a- ny meafures, thatfhall be approved by the con- grefs. We (hould be glad the deputies chcfen by you could, by their influence, procure our opinions hereby communicated to you to be as nearly adhered to, as may be pofTible : Buv to avoid difficulties, we defire that they may be in- flrufled by you, to agree to any meafures that fhall be approved by the congrefs, the inhabi- tants c^ this province halving refolved to adopt and carry them into execution. — Laftly — We defire the deputies from this province, may endeavour to procure an adjournment of the congrefs, to fuch a day as they fhall judge pro- per, and the appointment of a Handing commie- •I "i I) i tec. ' Agreed, that John Bickinfon^ Jofeph Read, and Charles Tbomfon, be a committee to write to the neighbouring colonies, and communicate to them the refolves andinftrudlions.''. i \r If A<3iiei:d- ■ytj 'I 11 I ■^ 'AORftiD* that the committee for the city and county of Philadelphia^ or any fifteen of them, be a committee of correfpondence for the general committee ot this province. -t. •>- i s/ *►• \ h^ Wl ExtraSl from the Minutes y CHARLES THOMSON, CI Com. 1 gt' » i«* /^i. .?>,' 'i-r AN » A N ESSAY,* ^f. »' I ^ H E authority of parliament has within JL thcfe few years been a queltion much agi- tated i and great difficulty, we underftand, has occurred, in tracing the line between the rights of the mother country and thofe of the colonics. The modern dodtrine of the former is indeed truly remarkable ; for though it points out, what are not our rights, yet we can never learn from it what are our rights. As for example — Great'. >^'\7.n claims a right to take away nine-tci.,i: 5 of our eftates— have we a right to the remainiiig tenth ? No.— To fay we have, £ is • This piece has been written in fuch haftc, under (o great indifpofition, and amidft fuch a confuiion of public affair" that it is hoped, its inaccuracies will be looked up- on ^h indulgence. If longer time could have been be- ftowtr! ipcn ks corre^ion, it would have been at leafl fhortcr, if not ir.ore exaft. The firft appointment of a .committee to form a draught of inltrudions, was made on the fourth of lad month. See note on the extract, dated the i8th of July. li: •*i} .'t. lite ■ 11 !jl II. H- I R,l .-I,. C 34 ] -y of parts; which are principal things, and much i^eioved by every livinfr creature. la the JouU it i.« ivijdom', that wifdom which arifes amongll men, from the knowlciige cfcau/es, and Horn natural jufl ice. Since there. ore, tliis habit doth thus itilcruC>, and prc- fervc, the whole and every part ; rendcting all the fame, in heart, and in tongue, why may it not be faluted, by the univerfal voice; the parent and nourish er of evhrv VlRTUEf" : Pol. Pvth. Luc. rt/;.\y Sron/ruM, pi. loj. edit. Tl- cur:, iCsQ. ,. r>v !>,' ■ !iU ' ■•* ■ «'.|i C 3S ] fences, he pleases." J But is his prerogative rcfpeding thefe branches of it, unlimited ? By no means. The words following thofe next above quoted from the " commentarfcs on the laws of England" are—" unlefs where the con- ftitution hath exprefsly^ or hy evident conse- quence, laid downfome exception or boundary ; declaring^ that thus far the prerogative (hall go, and no farther." There are " fome boundarits" then, befides the " exprefs exceptions •," and according to the (Irong cxpreflion here ufed, " the conftitution declares there are." What " evident confequence" forms thofe " bounda- ries V If h t I . The happlnefs of the people is the end, and, if the term is allowable, we would call it the body of the conftitution. Freedom is the fpirit or foul. As the foul, fpeaklng of nature, has •^ right to prevent or relieve, if it can, any mif- chief to the body of the individual, and to keep it in the beft health ; fo the foul, fpeak- ing of the conftitution, has a right to prevent, or relieve, any mifchief to the body of the fo- ciety, and to keep that in the beft health. The *' evident confcquence" mentioned, muft mean a tendency to injure this health, that is, to di- minifh the happinefs of the people— -or it muft mean J I Black?t. Com. 250. * ' [ 37 ] mean nothing. If therefore, the conftltution *' DECLARES by cvideut confequence j" that a tendency to diminllh the happinefs of the peo- ple, is a proof, that power exceeds a " bounda- ry," beyond which it oughi not to " go j" the matter is brought to this fingle point, whether taking our money from us without our conlent, depriving us of trial by jury, changing confli- tutlons of government, and abolifhing the pri- viledgeof the writ of habeas corpus^ by feizing and II carrying us to England^ have not a great- er II " Of great importance to the public is the preferva- tion of this peifonal liberty : for if once it were left in the power of any, the higheft magiftrate, to imprifon arhitrah- Ijf whomever he or his officers thought proper, (as in France it is daily praflifed by the crown) there would soon he AN END OF ALL OTHER RIGHTS AND IMMUNITIES." - - " A natural and regular confequence of this perfonal liber- ty is, that every Englijhman may claim a right to abide ,. IN HIS OWN country SO LONG AS HE PLEASES, and not to be driven from it unlefs by the fentence of law. Exile or tranfportation is a punifhment unknown to the common law. — ** The king cannot conftitute a man lord lieutenant Si Ireland ugalnR. his will, nor malce him a foteign ambafla- dor. For this might in reality be no more than an honora- ble exile." I Blackstone 135 to 138. ** Thcfe precedents colledled by the reverend and learn- ed judge, chief jultice Anderfon and all written with his own hand, do fully refolve for the maintenance of the antient and fundamental point of Liberty of the person, to be re- gained by Habeas Corpus, when any one is imprifoned-'* . Pari. Hift. 7. 418. -H '^ : -11 M m 4(Jlj'J,l] M 111: [ 38 1 cr tendency to diminifh our happinefs, than any cnormicirs al'^ng can commie under prcicnce of prer. rativ . caa have todiminilh chc happi- nelb of ,*ic ful.jcdls in England. To come 10 a decifion upon this poinr, no long time need be required. To make this comparilbn, is dating the claim of parliament in die mod favourable light: Forit[)Uts the njfumcd power of parlia- ment, to do, " IN ALL CA^ES WHATSOEVER," zvbat tbcypleafc^ upon the fame tooting with the ccknoivledgcd power of tiie King, "• to maka what peers— pardon what offences, &c. he pleafesy But in this light, that power is not entitled to be viewed. Such is the wil'dom of the EnglJIj conftitution, that it ** declares" the King may tranfgrefs a *' boundary laid down by evident confcquence," even by ufmg the power with which he is ^;^/)r '^',^ \\\\\ England rtftie in the njohole body of the people. And this power, when the territories of the llate are fmall and its citizens eafily known, ihould be exprefled by the people in their aggre- gate or colle£\ive capacity, as was wifely ordained in the petty republics of Greece, and the firil rudiments of the Ro- man ilate. But this will be highly inconvenient when the public territory is extended to any confidcrable degree, an'^ the number of citizens is increafed. In fo large a flate as ours, it is therefore very wif<;ly contiived that the people fhould do that by their reprelentatives, which it is imprac- ticable to perform in perfon." 1 Blackstone 158. 159. The above quoted words are fuiScient of themfelves to refute the notion of ** virtual reprefentation" of Americam in parliament As to the argument drawn from fimilltude between the cafe of tho/e in England^ not qualified to vote by their pro- perty, »^hough pofTefled of a confiderable fhare, as proprie- tors of the funds — The Eaji India company— merchants— manufadurers &-c. and the cafe of colonifts, ilie true anfwer is, that there is no referablance whatever between the cafes. A few propofitions will prove it : But it may be proper to premife — ift. If repre/entation w^s intended hy the con/iitution of England, a complete reprefentation was intended ; for the reafon of having any, requires having a complete one, as being the bejl. 2dly. — If a «/w^/f/^ reprefentation was i«- /^» England argues, J " the efids of government can- not be anfwcred by a total diflblution of all hap- pinefs at prefent, and of all hopes for the fu- ture. i» .A\ The which it means to promote and fccure, is to be rej?;arded. 6thly. If there is not fuch a reprtfentation in England^ as the conftitution requires, there ought to be. As to the refem- blance above fuppofed. ift. If many inhabitants of £/»«- land HAVE NOT a right to vote in the choice of members of the houfe of commons, there are many who have. 2dly. liot one inhabitant of the colonies, has that light. 3dly. Some reprefentation is better than nontt though a complete one cannot be obtained. The frji, is a de/e<3 of mode, the laUer an extiniiion of i\\t/ubjiance. There is, to a nice obfer- ver of nature, tl perceptible difference between a deformed m^n and a DEAD man. 4thly. Proprietors of the funds &c. tho' they have no right to fuch vote, ai proprietors &c. may yet have it under another charafter, as freeholders &c. "Jthly. When afting as freeholders l^c. they may take care their intercfls ai proprietors ^c. for — 6thly. 1 heir being propi actors fjc, does not difqualify them, from acquiring and enjoyiag a right to fuch vote by becoming freeholders l^c. but /thly. By acquiring and enjoying a right to fuch vote, the colonifts muft ceafe to be inhabitants of the colonies — 8th!y. Their being inhabitants of the colonies ^ therefore difqualifies them from acquiring and enjoying th« rig it to fuch vote. — 9thly. If thofenot entitled to fuch vote in E*igland were not bound by ftatutes made there they wodd not be bound by fta- tutes, nor taxed at all, though poffeft of great property — ' but lothly. The coloulits are bound and taxed by the afts of their aflemblies. i ithly. K'cn thofe not entitled to fuch vote in England, and incapable of obtaining it, have this protedlion, that b ee a ' ]ti » reprejentatiites and their eh:lors ar^ bound by the laws made, as well as the reji of the people — and the X Hoadley's Dilc. on government. i I i\ '^\ I m fill" 4 i *i; (■ . . r 48 ] The juft inference therefore from thelc pre- mifcs would be an exclufion of ajry power of parliament orcr thefe colonics, rather than the admiffion of an unhanded power. We the connexions between the rc^rr/entatitts, their elcJiors, and the rejl of the peopUy all living together in the fame kingdom, are fo many and io intimate, that even the aSually unreprejented cannot be affeded, unlefb the reprefcntati'ves and tbeir tUdors are afFcded alfo. I2thly. Totally different is the condition of colonifts, if bound by flatutes generally. — ^y the a£ts of parliament for raifing a revenue in America, the commons ufe the words, '* give and grant." Can men give and grant what they have not ? Did any of chofe ads take a fin- gle penny out of the pocket of a finglc 6ivcr and gran- tor ? No. So far from it, that if there is any truth in the proverb, and money faved is money got, thefe " <^o«g them, just and POLITICAL, An open avowal has been made in par* hament— that it is ^ *• the indispensible duty of par- liamenty •f- PrcamMes to ftatutcs for raifing a revenue in America. I PmlippiatiS iii. 7. § Thcfe words arc extraded from the proteft of the lords on the repeal of the American ftamp-adt — §. 6. — 61 lordi w«re a- gimd tUf :-('pcal, 33 d them finned the proteft. C 49 ] ' We well know, that the colonifts are charged by nrnny perfons in Great Brit, in, with at- tempting to obtain fuch an exclufion and a total independance on her^ As well wc know the accufation to be utterly fit^fe. We are become crimmal in the fuiht of fuch perr)ns, by re- fufing to be guilty ot the higheft crime againft oi:rreivt.s and our poftenty. Nolumus leges ANGLiiE MUTARi, This is the rebellion with G which liament to tax the colonies in order to ease the gentry And peoplf of Great-Britain." Let not j^mtricaus c- ver forget the loidly words! To underHand them fullyy we fhould confider — Our difputc includes not only the prefent taxes laid upon us. The univerfal property of England wasinterefted in Mr. liambdtn\ fuit, about a few (hillings. If the crown had a right to thojt ihiiling», it had a right to every (hilling «f e'very man in the kingdom. Great Britain is about ONE HUNDRED AND FORTY MlLLiOiMS OF POUNDS STERLING in debt. If (he can pay any fart of that debt, by taxing js, (lie may pay the luhole by tax- ing us, if we can raife the money. If we cannot, yet as we are upbraided continually in pamphlets and papers with the richnefs of our houfes, our furniture, our equipage, our tables, and our drefs, (he may be made to think we abound too much in thefc con'veniencies. If we are reduced to the condition of French peafants, it is no matter. We belong to the people oi Great- Britain: And all Britijh fubjeds, but jimericansy ma do vvhat they pleafe with their own. " It is her indifpenfible duty, fay their lordfmps,to cafe her- felf by taxing us ;" and furely there is virtue enough left in a J!?r////^ parliament, notwiihftanding all the dreadful intel- ligence Britijh writers fend us over, to perform that " duty,** exaAly. But this is not all. Th^ere are certain wicked , . frmchmm ■^ ,; » .1! C 50 ] '1 pi- %:i which we are ftigmatized. [ We have commit- ted the like offence, that was objeded by the polite and humane Fimbria againrt a rude fcna- tor of his time. VVe hav? " difrefpcol fully re- fufed to receive the whole weapon into our bo- dy." We could not do it, and live. But that muft Frenchmen and Spaniards, that in every period of twenty or thirty years oblige Great- Britain to add thirty or forty mil- lions to her debt. Upon an average, fjnce the revolution, fhe runs annuviUy in debt about a million and an half. Can it be expeded, her mii/ulers will be kinder to us, than they have been to her ? Where will the demand upon us, where will our wretched nefs llop, if we have not refolution enough to defend ourfelvet. ? A ftatute intended to have force on the people of Gnat- Britain, is the cafe of a state ailing upon itself. A fta- tute intended to have force on the people oi America ^ is the cafe of ONE fidte aSling upon another. The people of Great Britain, who in the firll cafe TxxtJubjeSi to the ftatute —in the fecond, are the abfolute fovereigns ivho impofe it on others, ' ** Virtual reprcfentation" then, as applied to colonifts — is, to borrow expreflions of the excellent archbirtiop Tillot- fon, on another occafion, altering only two words — " An abfurdity of that monftrous and mafly weight, that no human authority or wit are able to fupport it. It will *• make the very pillars of St." Stephens *' crack, and re- quires more volumes to make it good than would fill" WeJiminJIer Hall, Yet this ii\cJt defpicable notion has been the pretence, fir our felloiv fuhje^s f clapping inuficets to our breads, and tak- ing our money out of our pockets. f *' Win their hearts, and you may foon have their hands and pur/es,*' Wis the advice of oid lord Burleigh to queen Eliznheth. She was wile euoii;jU to take it. The world knows the confc- yet voluntarily to put heifef under the abfolutf necelTity, ,of perpetuating an immenjely large one, to govern the many miJions of flaves (he expects (bon to have on this vaft con- tinent. Two of the (hrcwdcU, though not belt emperors, that ever lived, Augujlus and Tiberius, prohibited every man of dilHiidior. from letting his foot in £^v//,*becaufe of the importance o( that province to Rome. Hut Great Britait?, as if thife numetous provinces, much more remote irom lier, than Egypt from Rome, were o\ little confi-quence, willingly obliges herlelt to tru(t a mighty armed power into the hands of a Lbjeft, in thefe colonies, the ' tempting intereft of which fuHjeft and of the people, may ' engage them to unite in «-ftabii(hingan independant empire, on her own model. Great-Britain ojght not to forget, that Jlame was ruined by keeping (landing armies in her pro- vinces. • Tau < [ 53 J ind lany If this fubmiflion indeed implies a diiTolution of our conftltution, and a renunciation of our liberty, we lliould be unworthy oi' our relation to her, if we fliould not frankly declare, that we regard it wi h * horror; and every true true EngliJIjman will applaud this juil diliindlon and * The Privernates had revolted from the Rowans, hut were reduced. The quellion was, what judgment Ihou'.d be given againft them. Tliis is Livys account ol tj^e af- fair, in the 2 11 chapter of his 8th book. " Qiium ipfa per fe res aticeps eij'et, prout ciijurqne in- genium erat, atrocius mitiuivc fuaucntihus ; tuni inceriio- ra ofiinia unus ex Privernatibus legaiis lecir, ma if. couditi- onis, in qua iiatus efict, quam irgc'enti ncccflitaiis, mc- mor: tjui, idtcrronatus a quodam trillioris fcntetificc au>ito- re, quam janam tr.eritcs P»ivernates cenlnet (" enm, inquif, quam meteiitur, qui Je iibertate di^nos ceut'cnt: cujus quum fe- roci refponlo intelliotes fados videret conlu; tos, qui ante Privernatium caufam impu'^i.alT'ir.t ; ut ipie ber.i^na inter- rogatione niitius rffponfum eliciret, f^''\Ji pcenam^ in- quit, remittimui 'vobis, qualem ties factm njohijcum habitwcs /per emus? Si bonam tteleutis^ inquit, ^ Julam, tif perpctuam: Ji malam, hau/i diuturnatn. Turn vero minciii, necidan^bi- gue, Privernaiem qiiiiiam, >' iliis vocibus ad rebellandum incitari pacatos popu!o«, pars melior fena'us ad mtliora re- fponfum trahere, & diceie, Viriy ^ lileu^ ^uccem auditam^ an credi pcjje, ullum populum, aut hominem am: que, in ea condi- tioner cujus eum pegniteat, diH>ius, quam iienjj- Jit, manjurwn? Ibi pacem ejjejidam, ubi 'vcluntarii pacati put : tieque to Icco, ubi fer'vitutem cjje ^uelint. fidem Jjerandam ejje. In hanc (en- tentiam maxinie coiiful ipfe indinavir animos, identidem ad principes fententiarum coufulares, uti exaudiri poffet a plu- ribus, dicendo, Eo, 'emum, qui nihii. prceterqiiam deltlertate^ cogitent, dignos rjf-, qui Rornani fnnt. Jtaque & in fenata caufam obtinuere, & ex auftoritate Patrum latum ad popa- Juin eft, ut Privernatibus civiTAs DARiTUR," f, ir i't C 54 ] and candid declaration, f Our defence neceflarily touches chords in unilbn with the fibres of his honed heart. They muft vibrate in fympathetic tones. If we, his kindred, fhould bcbafee- nough to promife the humiliating fubjedion, he could not believe us. We fhould fufTer all the infamy of the engagement, without finding the benefit cxpedled from being thought as con- temptible as we (hould undertake to be. ] But this fubmifiion implies not fuch infup- portable evils: and our amazement is inexprcfii- ble, when we confider the gradual incieafe of thefe colonies, from their flender beginnings in the laft century to their late fiouriftimg condi- tion, and how prodigioufly, fince their fettle- ment, our parent (late has advanced in wealth, force and influence, till (he is become the firft power on the fea, and the envy of the world — that thefe our better days (hould not ftrike con- viction into every mind, that the freedom and happincfs of the colonids are not inconfiftent with her authority and profperity. The experience of more than one hundred years will furely be deemed, by wife men, to have fome weight in the fcale of evidence to fupport our opinion. We might juftly a(k of her, why we are not permitted to go on, as we have been ufed to do fmce our exiftencc, ■ "" ■' :" '■''■■■ -:'>■--■ ,-^ r'- '^" • ■•;■' con- • C 55 ] conferring mutual benefits, thereby (Irengthen- ing each other, more and more difcovcring the reciprocal advantages of our connexion, and daily cultivating afFcdions, encouraged by thofe advantages ? [ What unknown offences have we commit- ted againft her within thcfc ten years, to pro- voke fuch an unexampled change in her condufl towards us ? In the lad war, (he acknowledged us repeatedly, to be faithful, dutiful, zealous and ufcful in her caufe Is it criminal in us, that our numbers, by the favour of Divine Providence have greatly encreafcd ? That the poor chufe tr fly from their native countries in Europe to this continent ? Or, that we have fo much improved thefe woods, that if we can be forced into an unfuccefsful refiftance, avarice itfelf might be faiiated vy)th our forfeitures ? ] It cannot with truth be urged, that pro- je«Ils of innovation have commenced with us» Fadls and their dates prove the contrary, f Not a difturbance has happened on any part of this continent, t " The winds lift up the waves",— faid a wife man- yet we read of a weak man, who fcourgcd waves — but he had not : aifed them. To excite commotions, and then to fcourge /tr bting excittd^ »« an addition to the wildnefs of a Xerxes, referved more particularly to diftinguifh the prcfent age, already fufficiently illuftrious by the injuries •iTcrcd to the rights of human paturCi '«! C 56 ] continent, but in confcquencc of fonic imrnc-* dinicly preceding provocation* To what piirpole ? The charge of our af- fcdlin^ one gre.u, or many Imall republics, muil app. ar as contemptible a madncfs to her, as it Hoes to us. Divided as we are into many provinces, -f and incapable of union, except ... , . agajnft f The piTilus of a Beccaritt, fufrgcHcJ to l.im the condi- tion of* a larp,e einpiie verging into fervitudc — the only plan for faving it, — and the difficulty of executing that plan. ** An overgrown republic (lays he, and fuch a H- Bii'ed monarchy as that of Great-Britain with fuch an extent of dominions, may well be called, •' an overgrown repub- lic,") can only he faved from dcfpotlfm, hy fuhdividing it into a number of tonfederate reiubl cs. But how is this praflicable f by a defpotic di£lator, who with the coyage of Syi/a, has a» much genius for building up, as that Roman l»ad for pulling down, ifh- be an ambitious man, his re- ward, will be immortal glory; if a pMIo^opher, the blefl*- ings of his fellow citizens will fufficicntly confole nim for the lofs of authority, though he (hould not be infenfiblc to their ingratitude." What was argument in Italyj is reality to Great Britain, with this additional ciicumftance in her favor, that ftie muft always continue if fiie wifely conduds her affairs, though leis tiian all, yet greater than on^. The immenle advan- tages of fuch a fituation, are worthy the clofelt attention of [ every Briton. To a man, who has confidered them with that attention, perhaps it will not appear too bold to aver» that, if an archangel had planned the connexion between Great-Britain and her colonics, he could not have 6xed it ou a more lalUng and bsneEcial foundation^ unlefs he could have *y. [ 57 ] againfl a common danger, flic knew, that wc could not think of embarking our trcafurcs H of have cliangcd human nature. L mighty raval power at the head of the whole— -that power, a parent Hate, with all the endfaring fentiments attending the relationfhip - that never could difoblige, but with dcfign — the dependant Hates much more apt to have tcuds among thcmfel vcs— Ih; the umpire and cootrouler thofe Uates producing every ar- ticle necelFary to her j^reatnefs - their intereft, that (he flioulc I ontinue free and jlouriftiing — their ability to throw a cnnfiderable weight into the fcale, Ihould her govern- ment gcr UNDUi.v POISED — flic and all thofe Uates Pro- testant —are fomc of the circuinllances, that delim^ated by t:ie mafterly hand of a Bcccaria^ would exhibit a plan, vindicating the ways of heaven, and demo Ibating, that humanity and policy arc nearly related. An AleKunder^ a Ccefai ^UarUst a Lewis, and others have fought through fields cf blood, for univerful empire. Great- Britain has a certainty, by population and commerce alone, of attaining to the moft allonl;hing and well founded power the world ever faw. The circumllaiices of her fituation are new and ftriking. Heaven has offcied to her, glory and profperity without meafure. Her wif;.- minillers dildain to accept them — and prefer—" aptpper corn."* So diredlly oppofite to the iniereO of Great Britain^ hai the condud of adminijiration been for lome time paft, that it may fafely be affirmed, that, ii their view was, to eftablifli arbitrary power over Great- Britain^ fchemes more danger- ous could not have been laid. lo profefs this purpofe, would enfure a defeat. Any man, who had fuch a defign^ would firft take the opportunity of peace, to set one PART of TriE SUBJECT AGAINST THE OTHER. ThlA might be done in the following manner. ^ ,. .^,„', • Mr. Nugtnfi fpccch. [ 58 1 oi tranquility and liberty, on an ocean of biood, in a wandering expedition to lome Utopian port. Let every feflion of parliament produce a frefli in- jury. Give no reft, or hope of reft. Let infult . added to infult, fill up the vacancies between the feflions. Tcafc and perfecute into oppofition. Then let ininillers them- felves rejoice in the freedom of the prefs. Let every adion of the oppreffed be exaggerated. Let innumerable falfe invedives be vented in pamphlets and newspapers. Let all the provocations and excufes be concealed from pub- lic {ight as much as poflible. Load the devoted with the terms of tray tors and rebels. Nearly in this way Scotland WaS treated by the arbitrary minillry of Charles the firft. But the pajliament and people of England had common fenfe and virtue. The bafc* deccpdon could not pafs upon them. They faw the fr are laid for thetn\ and refented it fo deeply, that an arrr.^ of Englifijmen fied before an army o{ Scotchmen iX Nenvhurn. For once it was glorious to fly. But it required Englijh head- i: EngUjh hcar":s to undcrftand and to ad the part. Thus :he colonies have been treated. At laft a ci''il war may be worked up. It fliould be cuniidered, \>^ Lord Marti'- field expreffes it — .\hether ** th*; play is worth the candle." In fuch a war, every vidory will be a defeat. If the colonics are fubdu'^d, vaft fums muft be raifed, and a prodigious. army muf; be fupported, to keep them in fubjedion. Great-Britain muft feel the weight ot that influence, added to the power of thecrown. The colonies are encreafing. Who can computc'the extent and efFed of fuch an influence^ ? Undone by her vic- tories, t " Bit, on the other hand, it i$ to be confidcred, that «very prince, in the firft parliament after his acctffion, has by long uf- age -K tru'y royal addition to his hereditary revenue fettled upor him for his life; and has never any occafion to apply to parliament for fupplics, hut upon fome public neceflity of the whole realm. This reftores to him that conftitutional independence which at his firft accefjon fceme, it muft be owned, to be wanting. And then, with C 59 J port. The hi (lory of mankind, from ihc re- moteft antiquity, t'urnifhts not a fingle inftance 11 2 of tones, (hc«z/y? refign her liberty or fomefuture monarch WITH HER colonies, unlcfs Tiic firfl lofes thtm in another way. If (he is unfortunate, pubiic calamities may make great changes. Such changes feem to be intended by fome men. Great-Britain has been leJ into the Rulicon, She has not yet paft it. We confider the hoftilities already prac- tifed, with rci'ard to power, we may find pci-haps that the handi of go- \ernmeiu are at leaft fuflicietuly '"ircrigtheiied; and iliat an Englifirt nionarcl' is now in no danger of being ovcrhorne by citlier the no- bility or the people. The inftrumcnts of power are not perhaps fo open and avowed as they formerly were, and thjrefore arc the lefs liable to jealous and invidious rtflevSlions; but they are not the vtilcer upon that account, lu fliort, our national debt and taxes (hefidcs the inconvenicnoies before-mentioned) have alfo in their natural coiifcqucnces throwii fuch a weight of power into the exe- cutive fciie of government, as we cinnot think was intended by our patriot ancrflors; who gloriouily ftruggled for the abolition otV the then formidable p r ts of the pverogativc, and by an unaccount- able wanf of foi-efight t (hiblinied this fyfteni in their ftead. Tbt entire colleHion and nunaoe-nent of fo vajl a revenue, being placed in the handi of the crown, luvc given life to inch a mu'titude of new ofTicers, creited by and rcmovcaljle at the royal pleafure, that they have extended the influence of government to every corner of tke nation. Witntfs the commifioners, n\<.\ the mullitude of depen- denti en the culloms, in every port of the kingdom; the commtfion- ersofexcife, Axid their tin /neroKsfuball ems, in every inland diffriifk: the fajlmajien, and thc\v fervants^ pi.intcd in every town, and up- on every public road; the ccmmijjiofiers of Ike Jiamps, and their i/iy/ri- lutors, which are full as fcat«^cred and full as nunierou-,; the offieert of the fait duty, which, though a fpecics ofcxcifc and conduiSred in the fame manner, are yet made a diftioi^l corps from the ordinary managers of that revenue; thejurveyors of houfes and ivindowi; the receivers of thi land tax; the nunagers of Lttarie^; and the commiJ/ioH' en of hackney coaches; ail which are either mediately or immediate- Jy appointed by the crown, and removeable at pleafure withn\ii any reafon alTi^ned : tkcfe, it rcquiits but little penetration to i'te, muft give that power, on wl»ieh they depend for fubfiftence, an in- fluence nioft amazingly exteniive. To this may be added the fre- quent opportunities of conferring particular obligations, by prefer- ence in loans, fubjcriptioiis, tickets, remittance^ and other money tran- faHioHS, which will greatly encrcafc; this influence ; and that over thofe pcrlbns vrhofc attachment, on account of their wcikh, is fre« " ainft us, and the favourite publi- cations indulhiouflv ipread abrt;ad, to excite a jcaloufy of us among our Bntijl) brethren. We know how acceptable to many an caitlujuake would be to " hnk fomc of the colonies in the oceai;" -and how pleafing, to cmplov the reft ** in raihng Jlaple comnu/diiies ;" 1 hat we are thought *' too numerous," and how much it would be judged by fome for the intereft of Great Britain, if a peltilence fhould fweep off a million and a half of us. Theft" wonderful lucu- brations have notefcaped us. But here we are, by Divine Providence, three miliions of fouls. What Cin be done wilh quenrlythc mofl dcfirablc. All this is thcnatiira), though perhaps the uutortlctn, tonltquencc of erf(5ling our funds of cicdit, and to fup- portthcmcft>w great a trufl is thereby repoied in the prince by his people. A trufl, that is more than equivalent 10 a thoufand little troublefome prerogatives. " Add to all this, that, befides the civil /?/?, the immevfe r^f^- Hj«c of almoft feven millions flerling, which is annually paid to the creditors of the public, or carried to the fuikingfund, is firfl depo- fited in the royal exchequer, and thence ilTued out to the refpec- tive offices of payment. This revenue the people can never rcfufe to raife, bccaufe it is made perpetual by aifl ol^ parliament ; which alfo, when well confidered, will appear to be a truft of great deli- i^acy and high importance." I 3l>ac]($ion£'& Com. b. i. ch. 8. p. 334 — 326. C 6-1 'J chants, vokmtaiily engaging in fuch aphrenzy of with us ? If we were tobeconfidered, only as jjrROTBSTANT alliest we oughc to be elleemed by a wife peopie. Such a people certaiuly would not be careful to difunite us from their intcrcll -to make us foes when ihey mi^ht have us friends. Some ftate? have ihouv;i.t it true policy to j^rant greater indulgences t^) rem-^te dominions, than were enjoyed by themfeives : An. I this policy ha<' been much applauded. The enjoyment of va1ual)le privileges bv inferior Hates, un- der the proteilion of a fupcrior, is the llrongcll bond of de- pendance. Why (hould wl- prefer a dcpendance on Great- Biitain to a dependance on France^ if we enjoy lefs free- dom under the former, than we mav under the latter? "/'/>- mijjmum impet iunt, quo obedkntes gaudent" — or as lord chie£ jullice Coke expreHls it, in his comment on the 25th of Ed~ cward the third, '* the tlate of a king llandcth more i^fJurcd by the love and favour of the fubje*.^, than by the dread and fear of laws, &c.*'| Ought Gr^^*-2?>-;/i3y« to defpife the ad- vantages 11 Great- Britain put hciCelf to a very confidei rfl)!e expeuce lafl war in dccnce of Portugal, bccaufe thu kin|;'ioin was litr ally, and fhe dttivt-d jJieat advintaj»ts from ^m intercourfe with her. But what are thofc auvaiiuj^cs or the afT.vilions arifinj; ftom them, when compired to tlic advantages and alLvVl ifis thar c mnccft rhcfc Colonics with Grecit-Brltmn ? W<>rds cawnot <-x'/» tl's the furprizc, that men frte from |).iflion muft feci, on con'.KKrir.g her impt)Iicy, in labouring to disj )in from lit^iTcIf the only tiu<; rrleiidi Cut l»a> in the world. If her nilnifUrs were penfioncrs of France and s/>7/V, they could not purfue mcafurts more picahng and advantageous to to ihofc kingdouiii. f " During all our happy days of concord, pirtly from ourna- tlonai moderation, and paitly from the wifJ' in, and fametinies perhaps from the farelefsntTs (.f our miniRcis, rliey h.ive beeu truftcd in a good me^fure with the cuiitr m uiaj^ rii.;iit of their af- fairs; and the (ucctfs they have met with ouolu i.> ho to us an ever memorable proof, thatTHc tr#k \' do" — But, theinftances are numerous where princes and their courtiers err, by not believing, that fubjcf\s mean as well as they do. 1: C 63 ] flifllon, wc find ourfelves obliged to oppofc that fyftem of dominion over us, arifing from counlcls pernicious both to our parent and her children — to drive, if it be poflible, to clofe the breaches made in our former concord — and flop the fources of future animoficies. — And may God Almighty, who delights in the titles ot juft and merciful^ incline the hearts of all par- ties to that equitable and benevolent temper, which is neceflary, folidly to ellablifh peace and harmony, in the place of confufion and diflenfion. The legiQativc authority claimed by parlia- ment over thefe colonies confifls of two heads— firft, a general power of internal legiQation ; and fecondly, a power of regulating our trade: both, flie contends are unlimited. Under the firft, may be included among other powers, thofe of forbiding us tof worlhip our creator in the man- ner we think mod acceptable to him— impofmg taxes on us — colleding them by their own offi- cers enforcing the collection by admiralty courts or courts martial — abolifliing tryals by jury^-eflabliQiing a Handing army J among us in time ' ''^?'' w >!' 1!, f See Ca«tf////« /^"/'O''' or his troops ivithin this toun, nor can J give any orders for their removal. May 31, 1769, Fra. Bernard.'* Thus, I 11: i ;»t1 ■ '-1 li , ■■■■■} ■' ,«m»ir.w»r S ^'■ C 66 ] our young men § for recruits --changing confli- tutions of government-f- — (topping the prci's-— .;.HU' declaring Thus, our governors, the captains- general and com- manders in chief, reprefenting the fovereign, and known to the conllitution of thefe colonies, are deprived of their legal authority, in time oy peace, iy an order — and a perpetual MSiatorial poiuer eftabliQied over as. To accom- plifh this great pur^ofe, it was thought proper during the lall war, to change the mode of granting military commif- Honsi and to pafs that to the general in America under the great /eal. It is not known, whether this uncommon for- jnality has been obfcrved with regard to the major-generals ff the refpeSi've *■'■ districts." § The Germans \i2L)it been juflly celebrated in different ages, for fagacity in promoting the arts, and for martial spirit ; yet how unhappy have they been made in a Ihort period of time, by that fingle engine of arbitrary power, a Jianding army. Their diftrefs was wrought up to fuch a degree, that thoufands, and tens of thoufands, relin- quifhed their native country, and fled to the wildernefles of Jimetica. It was a way of thinking and afting that became them. For Germans may truly be called the Fathers of Eng- lijhmen. From \ Germany came their anceflors and the firft principles of the conllitution. Germans therefore feem to be more juftly entitled than other foreigners to the bleflings of that conHitution. To enjoy them, in this free country as it then was, they came here, but now unfortunately find, arbitrary Gonjernment and ajianding army purfuing theia even into thefe woods. Numbers of them now in thefe provinces, have ferved in the armies of the feveral princes in Germany and know well, that one reafon with their ru- lers, for putting fwords into their hands was to cut the throats of their own fathers, brothers and relations who fhould attempt to relieve themfelves from any part of their mifcries. t Bill for changing th« coallitutlng of Mafachu/ets-Bay^ I I BUckil. p. X47. r 67 ] . declaring any a£lion, even a meeting of tch fiii.iUelt number to confider ot peaceable modes to obtain redrcfs of grievances* high trcafon— taking colonills to Great Britain to be tried |1— • exempting " murderers"-}- of colonifts from punifhment, by carrying them to England^ to anfwcr indidlments found in the colonies— § (hutting up our ports —prohibiting us from flitting J iron to build our houfes,— -making ^* hats to cover our heads, or clothing to cover \, the reft of our bodies, &c. f 4. . •• ^ , . In mifeijes. Their former foverelgns are now compleating, it is faid, the cruel tragedy of tyranny. They will not fufter thofe they have made wretched, to fcek for a more tolerable exillence in fome other part of the globe. It is their du- ty, fay thcfe unfeeling princes, " to be unhappy, and to renounce all hopes of reiierV* They are prohibited from leaving iheir country. Thofe who have already efcaped in- to thefe colonies, reinember what they and their parents fufFered in Germany. The old tell the ftories of their op- preffions to the younger; and however improbable it may ap- p^'.ar on the other !ide of the Jtlantic, it is aflerted by per- fons well acquainted with this people, that they have 'very /;///(? inclination to suffer the same ckuelties agaiiy in America. • General Gtf^A proclamation, dated June 21, 1774. II Refolves in the houfe of lords on 35th Hen. 8. ch. 2d. f Bill for the adniiniftraiion of juftice, &c. § Bojlon afl. X 23d Geo. 2 ch. 29. ff 5th Geo. 2 ch. 22 4-t \f (ireaf Brit'iin has a conftitutional power to prohibit U9 from flitting iron as pe has done, flie has a conftitutional power, tliat is, a rights to prohibit us from raifing grain for our food; for the principle that fupports one law, will '" fapport m If. ' In our provincial legiQatures, the beft judges in all cafts whatfuits us--.fountit'd on the immut- able and unalienable rights of human nature, the principles of the ccnlHtution, and charters and grants made by the crown at periods, when the power lupport the other. What a vart demand muft be made oa ^er for this article, and how firmly would her dominion be eaubl ihed, if wc defended whoily on her for our daily bread ? Hei- modern writers- confider coloniils as flaves of Crc.it Britain iliut u^ in a a-ge workhoufc, conllantly kept at labour, in procuiir.g fuch jnateriids as ihe prciciibcs, and weanng fuch cloaihes as fne fends. — Should Oic ever adopt the meafiire abnvemer.tioned, and on our coniplaints of grievances, withhold food from us— what thfp ' why then, on her principle it would be ri^ht .o be STitRVHD To fay in fuch (a/e we flionld have any other ri^ht, would be a '* traiterous and rebellious denial of the fupreme legillatare of Qrtat B^itain^* for Ihe *• has power cf right to bind us by Ilatutes in all cases whatso- ever. ." Let not any perfon objcft that the Aippofition of fuch a ca(e is the fuggellion of fancy. The Carthaginians, thofe mailers in the fublinie politics of commerce — politics that have projuced lb many dieadful fccnes u^on earth, fojbad the Sardinians to raife corn, in order to keep them in due fubjec\ion. The Eall Indies y St. Fincentt, the proceedings at Rhode JJJand, and the Bojion adl, &rc. give rife to many alarm- ing appiehcnfions in America. There are few men on this continent would be ai much furprized at tl'at meafure, as at fome late meaiures. The beginnii)g julli/ies any apprchen- fions. Puwer debauches the affedions. The improbabili- ty of ca'es happening, is no anfwer in fuch important con- lidcrations. The laudable fpirit of commerce may be in- flamed into rapacity and cruelty in a nation as well as in an individual. We muft regard the power claimed by Great It* id power of making them was iiniverfally acknow- ledged by the parent (late, a powtr fincc fre- quently recognized by herj-'-fubjed to the con- troul of the crown as by law cftablilhed, is veiled the exclufrjc right of inlernal k^i aiion. Such m Ibc 'y lor I C)$at Briiain, not folely her will or contingencies de- pending on that WILL. If Ihtr affixes no liiniis to her poTVir why Ihould we alHx any to iti rJ^cJIjF *' 1 know (lays Mr. HnaMyj it is next to impofiible, ihat any fuch cafe ihould happen: But it Tuch thint^b be fuiJ, and fuch cafes, /;; effci'l, be put, it is ncceflkry to fpeak, upon the fuj [ofnion of jucb cajes. — And mc thinks it is but a narrow fpirftcJ proceeding in us to go jull no farther in our notions^ tha:i a compliance with eur oxvn prefint iomluion I'orceth us\ to ex- clude fioiu our regard the condition ot all othtr n tions, nnd all cajh^ but jail that, whicli hath happened lail of all i;i our own." That the plan of governing us by withholding w^c^^nW^ life has been confidercd, and in what li^jiit wlonies are viewed at home, the following extrads will partly fliew." • ** It a[>pearb that the original and gr:ind evil attendinrj them was the fcttiement oi Jo conjiderable a part \\\ a cli- mate incapable of yielding the commoditiis wanting ia Britain. *' Thefc northern colonies, long after their difuj>vanta' geous natur*.' uas known, were continually increafed b/ fiefii rnlgrativins from Etiro/e; which, as I before obfervc.l, ought totally to I'ave been prevented, and fuch migraiicns have been encouraged onlv to the beneticiai colonies. «' Since the late war, Britain laid the tra«.le of th.e colo- nics under fome very ftridl regulations, which certainly cut off many inlets by which they formerly received much Spa- nijh and Portuguefe coin. The principle upon which fuch regulations vv^ie formed, of fecuring to the moiher coun- try alone all matters of ccmmaCe^ 1 have already attempt- ed to prove/'/,'/ and necejfary. ,,, " When u m iki m 1 i Such a right vcftcd in parliament, would place us cxadly in the fame fuuatian, the peo- ple " When once their rupernumt-rarlrs are b( come manu- fa£lurers, it will require more than BritiJ^j policy to con- vert them into planters. •' I muft think this point of foch great importance, as to extend probably to the annihilation of manufaciur.s ii) our colonics — To conclude, it is. in the prcjpolcd fettlc- ment on the Ohio we muft firji look for hemp and flax ; as fuch great numbers of the old Ameritan tarnicrs ha\e re- moved and fettled thcic, which may, in iholc feiiile ivztXs, be cultivated in fuch abundance, as to enable us to underfell all'thc world, as well as fupply our own conlumption. It is on thofe high, dry, and healthy lands, that vineyards will be cultivated to the bell advantage, as many of thjfe hills contain quarries of ftone, f and not in the unhealthy fea-co(ls of o\xr prcfent colonies. To thefe we (hould bring the fettlers from Euro/e, or at leall fuffer none to go tiorift of Nenjo-Tork ; b^ which means our numbers would in- creafe in thofe p4rts, where it is our intercll they Ihould increafe ; and the report of the fettlers from the new colo- ify on the Ohio would be a conllant drain of people from our a«/ro//tf^/^ northern ones, by whi^h means they would, in future times, as well as the prcfc/it, be prevented from extending their manufadlures. ** What 1 (hall therefore venture to propofe is, that the government, through the means of afeiu merchants acquaint- ed with the American trade, that can be tolerably de- pended upon, fliould eftablifli/zii^orjat Bofton, V hiladelphia, Nfw Torkt and a few other ports, for the fale of fuch car- goes of Britfjh manufactures as fhould be conligned to them ; and to confift of fuch particularly as were moll manufaiflured in the province, with diredions immediately and continual- ly to under/ell al! fuch colony manufadures. By this means the opQration of the fucceeding meafures, from the num- ber •>jU •M . L 71 1 pie of Greet Britain would have been reJurcd to, had Jiimcs ihc full and his tamily lucwcedcd in if? ber of hands rendered idle, would be fo much the caficr to be executed. «* The fliips which carru'd out Aich cargoes (hould be large bulky ones, of eight, nine hundred, and one thuu< {and tons burden, for the fake of bringing large quantities of deals, &c. hack, at a lifs propo tionute t^xpence; and, previous to their arrival in America^ cargoes of theft (hould be ready for them. Trie col')i)ills fhuuld be enj^aged to work their irou mines, and gt t the produd ready in bars, &c. and va(l quantities of deals and fquared timber icudy for loading the (hips : All which, on the ceiiaia and imme- diate profpcd of a fulc would eafily be effcdcd ; as it is well known they have more than once proved to the legifla* ture, that they could iupply ^1 Europe with thefe articles, had they but the demand, ** But I laid it down as a rule to proceed upon, that trade, fJJting, and manufaSuring, were put an entire (lop to among the colonies. •* If the fugar illands contained ten millions of people, AS DEsTiTUTii OP NECESSARIES as they are at prefcnt, J? r/ra;/t would be as sure of their allegiance as Oie is at prefent -provided no power more formidable than hcrfelf at fea arofe for their protedion. *• The firll dependancs oX our colonies, as well as all their people, is, to change the terms a little, upon corn worked into bread and iron wrought into implements ; or, in other words, it is upon necejjary agriculture and necfjjury ' manufadures ; for a people who do not pofl'cfs thefe, to think of throwing oft" the yoke of another C 72 J in their fcheme of arbitrary power. Changing the word Siuart: for parliament^ and Britons lor what they would ? No, certainly; Tor that is nothing mere than fuppc^fsng they fliould tlirovv oft' tlelr allegiance to Jjoas and fpades, and coats and y^-o^^, which is abfuiu io imagine : can any one imagine thai a rebellion can be car- ried on among a people, when the greatert fuccefs mud be attended with Ome lofj of ha!f the nece^aries of life ! '* The following, among other efFcfts relative to this point, would be the confcquence of the plan fkctched out in the preceding fedliion. '• The people would depend on Britain for thofc neaf- Juries of life which refu't from manufadures. •* The cultivation oi' Jlapla would be more profitable to them than any other employment whatever. ** The/fl/r of thofe ilaples would depend on Britain, ** The people would ail h& fread over an immenfe country as [)lariters ; — none of them collrflj-d in towns. * " To which ciicumftances I fhall add, in refpeil to Bri- t?ii/t*s fuiditr policy, •' TIi;U (he fhould abide by the boundaries fixed already totheolf'l colonie-;, that of the rivers heads; and ail far- ther fetdiug to be in kciv cclonies, wherever they were traced. ** That fhe fhould keep the inland navigation of the contijient, that is, of all the great lakes and navigable fi- ver, to l.cifclf, and not fuifer any fets of men to navigate uien>. ■ I • " Tills point, which is of infinite importance, woiild prt'.ty fully be occafiiontd by other parts oi the plan, iiut, to cnfuic fo great a point, no new towns (L. iild lie fuiTtrcd, nor cvf n villages ; ihati \v!nch nothing could l)e eafur to manage : nor would they be any where ncccd'ary but by the inaga/incs ot naval (loics for load- ing fiiius. All pollible decrcafe ot numbers in ihe cities already in being, flioutd be ciretStcd. So fyflcmaticaMy abfurd is it "to iound towns nnd cities, as Britu'ui has iiithtno couftAUtly dofle, in all lUe iiolonie.'- ilic has fo;mcd.!' to •rn, ■ -.« •'»y».'. n'j7^>T C 73 ] Jmericani, the arguments of the illuflrious pa- K triots them, and thereby communicate fiOm one part of the con- tinent to another. •* That Ihe fliould never fuffer zny provincial troops ot viilitia to be railed, but referve entirely to herfelf the de- fence of the frontiers. * ** That fhe fhould thro»v whatever obftacles fhe could, upon all plans of commiini<.aticn from colony to colony, or conveniences of fpeedy removals from place to place. *' That in proportion as any colony di:'c1ined in ftaples and threatened not to be able to produce a fufficiency of them, the inhabitants Ihould receive fuch encouragement to leave it, as more than tc draio its natural increafe, un- Icfs new ftaples were dilcovered for it. ** This is non» the cafe with thofe I have diftinguifhed by the title of the northern colonies ; inio:n ich that Nova^ Scotia^ Canaduy Ni'VJ-England, Ne^v York, Ne-iv-Jer/ty, and Pewifylvania, would be nearly of as much benefit to this country buried in the ocean as they are at preient.'* Political EJfays^ The conduft of adminiftration correfponds exadlv with the fentiments of this modern writer, and with the mcafurea purfued by Philip the fecond oi Spain againft the tow Cmn- tries. The reafons given by one in adminillration for at- tacking the colonies, feem to be copi "d (with Tome fmall al- terations on account of rtligion) from the famous advice of the unfeeling duke oi Alva, that** fpecie retinendae dig- nitatis," ccft his mailer, his glory, his happinefs, and his provirices — and funk his countiy into diiheflcs, fiom which ihc is not yet recovered. '* At vero dux Albanus arma & t;LTioNEM,contendebat, ««/V«/fl Isefx auctoritati principis iC- medium. Quippe ceteris artibus ac diuturna facilitate nihil aliud efFedum, quam uC regi obedieuiia, rebellibus timor adimeretur " Specie tuendi finlum, jugum Uberis provin'-Ms mcdltatur.", Str*. >a, lib. ». IIP' m ; f .T C 74 ] ., „. , ;, ,, triots of thofe times, to whofe virtues their dcfcendants adimcretur. Poflulafl*e^r/';f//^/(7 Belgas, ut Hifpanus c pro- vincia miles exceJeret : id rdlicct unum declTe conllantes jid quiptem populorum. Num propteri.a, impetraia externo' rum ;/i/^;W quieviflc ? ^n potiui "v confideiuius efflngitafTe, ut— clrtvo detarbaretur GRAN VELLANUS. At unius forte naufragio complacatoi fuifle ver.tos. — Quin immout u'rgntia crefcit faciliiis — homines a nollra facilitate fecuri — UhelUsiit' rUiculis^ Jfagig/'ofs con/piratiof^iSus—improh'is palam carmini- bus — minis — precibus armatis — extorfercnt quod averent— o\i?iin3i\.i^inverecuncie legationibusHifpaniam fatigarent— ' Hicquoque vifumclementiae piincipis aliquaindignapofcenlc- bus indulgerc. Enim vero quid ex ilia indul^eiaia relatum, nift ut vororum ubique compotes, non parcndo ; fubditct fefe oblivifcerentur, obfcqium dedifccrent, atque exuta principis reverentia, communicata provinciarom defeflione, tanqjam cuipa ibcieiate tutiorcs, humana omnia contredla- tac femel libertati poft haberen!:. Nunc veto non uniut civita' iisy fed /rcy/fltit^rB.v/ a7»/^/?/a peccatum efTe in regem. Nee quia rebelles in prefcntia ccnquiefcant, minus ferociae ani- mis incfle> refumpturos utique vires, ubi tnetum uhients ab- jecerint. Sic ;7/« pronus ad asperio'ia, difleiebat." Strada de bello Btlgico, lib. 6. It is evident, that the Britijh jninifters have diligently ftudied Straiia and the other authors who have tranfmitted to pofterity the pleafing and inilrudive annals o. Philippic po- ' licy, as every mcafure ihey have taken, is founded on a pre- cedent f<;t by that celebrated fchool of hum.anity. diva is the favorite ma(kr-on his conduft they keep their eyes ftcadily and reverently fixed, and It may truly be faid — they follow him with no unequal ficps. Great, gcod, and wiVe men ! whom fome future Pujfenclorf or Tsmph will duely celebrate. ** In i5<54, Granville was removed from the council, to appeafe the people. Their joy was fhorf; lived j for as the yiiwr meafur!;s were purfued; it foon began to be faid publicly [ 75 3 to 10- ill as id defcendants owe every bkffing they now enjoy, K 2 ^pp^y ^ublickly, that though his bodv was removed from, his /pi- rit flill iiitluenced the council, Uj.)on application for a re- laxation of the edicts, it was fald, that modtration had tnly made matters ixjor/e, and the obrervation of thtm was again •njoined upon more fevere penaltits than befoic. *' At length an association was entered into, for mu- tually defending each other. This being figned by above 40^ perfons of quality, who all proieitcd, that they raeant no- thing but til'* honor of God, the glory ol the king, and the good ol their coun'ry, they met ajid PirrriONEi*, that the praclamatian might be revoktd: but the king would confcnt to no mitigation. Good advice was given to him. But the duke /)V/v«'j violent counfel, who proposed the en- tire ABOLlSHMttNT OF TH2 LIBERTIES OP THE PIO- viNCKS* wai moll pleafing and followed. The crt^el cuke was fent into the ioow Countries with a powerful army. The counts D^E^mont and Horn, were immediately feizedv on a pretence that they had underhand, fpirited up the people's difci^'eiiioH. They were afterwards executed. All who -Had figned the association or petition were declared guilty of \ HIGH TREASON, and anivverable for what had happened. A council called from its cruel proceedings, f THE COUNCIL OK BLOOD, was ereded for trying the ac- cufed, from nvhich there nuas no appeal, (Note well) 41'wa himlclf tried the accufvd in their own country^ where their friendi and nxitnejjes might attend them, — where the paini of death itfelf might be mitigated, by feeing with their dy- ing eyes, that they expired beloved and lamented. Here, the difciples exceed their tutor. This is too great a confo- lation to be indulged to a colorift. He mud be carried 3000 miles acrufs the ocean - that he may not only dye, but be infuUed in nis laft momenti, with the mockery of a trial where the clearelUnnocence Hands no chance of acquit- tal, * " Lay tkem at my feet." \ Sec Gen. Gd^r't procla. f Refolutions in pirliimcnt for trying coloniftt iu EnjrlgntU Rhode- JJiand Court. Late A«i\tfoi Ma([achuf$tti-Bay. mm m i:t ri ril i ''", apply with inexpreffible force and appofitcncfs, in tal, and with the formality of a fentenre founded on a (latute paft before the colonies cxiflcd.( 'r the approach of the army, the piiticc oi Orange and other lords fled; and being fum- moneJ to appeal before the council, in default thereof were condemnv'd, and their eftates confifcatrd. ^/i/ejl tfjlcers, which the wars of ChaAa ymt ^xSx^ or PL'uf: the fecond h d bred up in Eu- rope ; •k'-'h, with t-w6 tbjujand more in the provinces, un- der tWcoflMund of to old «nd renowned a general as the duke of Mnja, mad« up -a iorcc, which nothing in the lonjo CommbmK could look in t;e face with other eyes, than of aflonilhment, i'raltv courts. FhotU-Tfl.viil court, for enfoicino; the fta- tute ot 35 Hen. 8. Act for rtguUting the !>ovtrnm<;(ii of M^fi«- feiti'Sat. AA tor admir.illraticu of jufticf. &c. hf ' •will. LI».l\Jf^,"l*J"Jii- C 78 3 of the pretenfions fet up by their too forgetful * poilt-ricy, aftonilhmcnt, rubmilHon or defpair. This power was for the a[lijlan(e of the gcvernejsy the execution cj the lazvs, the fupprtjjing and pumjhing ali wlio had been authors or foment' en oi' the late dtjiurbances. § On his ariival the governefi having obtained leave of the king, retired out of the pro- vince. The duke of Alva was inverted in the government, ixjithpoinjers nevtr before giien to any governor. A council, called THE COUNCIL OF BLOOD, || w as erefled for the trial of ail crimes committed againfl the kirtg'i authority. The towns llomached the breach ok their chartbi^j, the people of their liberties, the knights of the golden fleece the charters of their order, by thefe new AND opious courts OF JUDICATURE ; all complain of ihe DISUSE OF THE STATES, f of the INTRODUCTION OP AR- MIES, but all in vain. The king was conftant to what he had determined. Mva was in his nature fr/<#/and imxora- hle^ The new army was fierce and brave, and defirous of nothing fo much as a rebellion in the country. The people were enraged, but awed and unhcadcd. All wa^ seizure and PROCESS ;— CONFISCATION and IMPRISONMENT ; — ji.-oa and horror ;— insolence and dejection; — PUNISHMENTS cxccuted, and meditated revenge. The fmaller branches were lopt off a pace ; the great ones were longer a hewing down. Counli Foment and Horn lalled fe- veral months; but at length, in fpite of all their fervices to Charles the fifth, and to Philips as well as of their new merits in quieting of the provinces, and of fo great fuppli- cations and interccffions as were made in' thtir favour, both in Spain and Flankers, they were jublicly bt headed at Briif- felst which fecmed to break all patience in the pcoj le ; and by their end to give thofe commotions a beginning, which coft Europe \o much blaod, and ^jfain a great part ot the Low Country provinces. The war begun, Alva had at firfi ^ Sec fpccches in parliament, and preambles to the late atSi. II See note in page yf . t Frequent Diffolutions of affcmbllei— and their total ufc Tefiacfs, if parliament taxci us. C 79 3 poftcrity, over their unhappy colonics. Con- fiding Jir/l great fucccfs. Moved with no rumors, terrified with no threats from a broken and unarmed people, and thinking no mea/ures or forms were any more ncctirary to be obfcrvcd in the provinces ; he pierends greater funis are iieceflary for \\it pay and reiuard oi hi ^'viiloricns troops than were annu- ally GRANTED UPON' THE KINO's REC^'SST BY THE STATis or THE PROviNCbS '. (Nott. Hcrc OUT minillc. s have again improved upon Philipi\ ; for they have taxed us, ^vith- out making req lelb.) § And therefjie demands a general tax of the hundredth part of every man's edatc, to be raifed at once : and for the future, the twentieth of all im- moveable, and the eighteeiuh of all that was fold. The ftatcs with much relu,^ancy confent he firft, as a thing that ended at once. They pe i irix. • ^'^f^S* dut wira- cuT REDRESS J draw out the ye.tr in -ontells, fometimes llo- machful, fometimes humble with the governor : Till the duke, impatient of delay, caufes the ^diV?, without cok- SENT of th£ states, to hi publijbcd. The people ri*" fuse to pay ; the soldiers begin to levy by force ; the townsmen all shut up THE^R shops; the peofle IN THE COUNT'^.Y FORBEAR THE MARKET ; fo aS HOt fo much as bread a-^d meat is to be bought iu the town. The duke is enraged ; calls the fzlUers to arms ; and commands feveral of the inhabitants, who refused the payments, to be hanged that very night upon their sign posti ; which moves not the obftinacy of th« pcop'e. And NOW iM.ii § Another advantage the Brr/i/^ minif^ers have over the Spanijh in depth ot policy, is very rcinarlcible. Spainrv/zt A gieac empire. The Low Coimtrics a mere Tpcck, comf v ri with it. Spain was not a maritime ftate that depended upon them for the fupply of her revenue. Had they been Unit in the Tea, flie would fcircely have felt the lofs. Her profpeCt of fuccefs was almoit certain. France, licr then inveterate enemy, cxhavifled by a civil war, and divided into two powerful pirtres. Every circumrtancc ii direiflly the revcrfe to Great- Britain m her preiient cotitcil with the coluuics. " Siquidcm vcriirimnm eft, ijnem tcvli-. iiiji^'cit', et iiijciflo fpatiufli moduniiia:. Sutucrs, coa ^.Ic m Cjufdem niaixu." STRA-J*, lib. 7. ■ ! L 8o ] ~ fiding in il»e undeniable truth of this fingle poficion, thuf, *' to live by one man's ■'- will, became wow THE OFPICltRS AND THE GUARDS ARE READY TO BLC3JN THE EXECUTIONS, w4ien ncvvs comer, to tovvn of the taking of the BriJt by the Cuefes, ff and of the ex- pe£lation that had <^iven of a fudJcn revolt in the province of Hcllnna. '* This unexpci'^rd Wow struck the duke of ///i/^, and fortfecing the confequcmcs uf it, becauff he knew the ftubble was dry, and now he found the fire was fallen in, he thought it an ill time to make an end of the tragedy in lirabattt, whilft a new fccne was opened in IlollatjJ \ and fo giving over for the prefent his taxes and executions, applies his thoughts to the fuppreflion of this ne* enemy that broke in upon him fif^m the 0.*a. And jtoiv began that great commo> tion in the Lonv Counf-ies, which /icver Cfw^cJhMi in the lofa •of lliofe provinces, when the death of the royal government £ave lifi* to a new commonwealth." O'jfcrvat. upon the UNIT RD provinces of the Nether- lands by fir hFiltiam Temple. Philip and his junto of cabinet minifters thought them- fclves no doubt very wife, and politic as fo many Machia- *vels. But what Hu's, and will fay mankind as long as the memory of thofe events is preferved ? That their counfels were def icrrble, their motives deteftable, and their minds like thofe defcrib -d by the biihop of Lerida, that exadtly refemhled ihe hon.s of tSe cows in hia country — little, " HARD, and CROOK^D." t Hooke", *' Ft^r a man to be tenant at '-will o{ his liber- ty 1 can nev«r agtee to it. It is a tenure, not to be found in all Litt'eton"' Speech of Sir Edvk^ard Coke. •' Etiam ft uominus nan Jtt molejius, tumen mifertimum ejl, pofTe y? vcllt." Cicero. ^ *« Th-/;^^, Know ungentle tyranny." RowE. ♦" B/Tcr^rj — Tliev were cai'icd fo in fr>ntcmpt, when they peii- ti'HcJ. ( hfr peoM. tiicrciipod ai^unud ihat name, peibap» tO kur;> ap liic mcmurv <:i£ an iufuU ouafwncd by their loyaUy. C 8» 1 became the caufe of all men's mifcry," they ge- neroufly fuffcred.---And the worthy bifhop be- fore mentioned, who, for ftrcnuoufly aflfertino- the principles of the revolution, received the unufual honor of being recommended by a HOUSE OF COMMONS to the fovercign fur prefer- ment, has juftly obferved, that " mijery is the fame whether it comes from the hands of many or of ONE." *' It could not appear tolerahk to him (meaning Mr. Hooker author of the ecclefMftical policy) to lodge in the governors o( any fociety an UNLIMITED AUTHORITY, to anull and alter the conftitution of the government, as they fhould fee fit, and to leave to the governed the privilege c«/y of ABSOLUTE subjection in all fuch alterations \ * or to ufc the parliamentary phrafe, " in all cafes whatfoeverJ" [ From what fource can Great-Britain derive a fingle reafon to fupport her claim to fuch an enormous power? That it is confident with the laws of nature^ no reafonable rnan will prftend. That it contradidls the precepts of chrifiianity^ is evident. For fhe drives to force upon us, terms, which fiie would judge to be intolerably fevcre and cruel, if impofcd on herfelf. " Vir" tual reprefentation^* is too ridiculous to be re- garded, ne neceffity of a /upreme fovereign legifla-- L / ture * HcadlyV. difc. on gov-crnment, ft ture iiitcrn.Vily fupcrintcnding the whole em- pire*, is a notion equally unjull and dangerous. *' 1 he pntence (fays Mr. juiUce Blackjlone fpeaking oi James the firft's reign)** for which arbitrary mealures was no other than the ty- rants plea of the NECESSITY OF UNLIMITED POWERS, in works of evident utility to the -f- public, the fupreme reafon above all realbns, which is the falvation of the king's lands and people.** t With fuch fmoolh words may the mod dreadful dc- figns be gloflld over. " There arc feme men who call evil, good, and bitter, twcet.-^yujfice, is now called /o/w- tarity And Fa Jlion.'* Pari. hill. 8. 193. '* A man fliall not unprofitably fpend his conicmpU- tlon, that upon this occafion confiders the method of God'» judicc (a method terribly remarkable in many palfages, and upon mmy perfons, which we fhall be compelled to re- member in this difcourfc) that the fame piinciplcs, and the fame application of thofe principles fliould be ufed to the wrcfting all fovereign power from the crown, which the crown had a little before made ufe of for the extending its authority, and power, btyonJ Ws hounds, to the prejudice of' ihejuji rights cfthf, fuhjeii. A supposed N£C»s«ity was then thought ground enough to create a power, and A BARE AVERMENT OF THAT NECESSITY to beget a prac- tice to impoje ivhat tax they thought convenient upon the fubjedt, by writs of Jhp-mtiiiey never before known, and a fuppoled neceflity now, and a bare averment of that neceffity,. is as confidently, and more fatally, concluded a good ground to cxi;Iude the crown fiom the ufe of any power, by an ordinance never before heard of, and the fame maxim of " falui populi fuprema lex," which had been ufed to the infringing the liberty of the one, made uf« of for dellro) ing the rights of the other.'* Lord C/;##«<»'c//s hill, b. 5, p. 54, . vi > [ 83 ] people.'* This was not the dodtrinc of James only. His Ton unhappily iniierited it from him. On this flimfy foundation was built the claim oi fiip money &c. Kor were tiiere wanting men, who could argue, from the couiily text, that parliaments were too fiupid or too faflious to grant money to the crown, when it was their . intereft and their duty to do fo. This argument however, ^^^ fully rctuted, and flcpt above a century in proper contempt, till the pofteriiy of thofe, who had overthrowii it, irougl.tfit to revive the exploded n-hfurdity. Trilling as the pretence was, yet it might much inorc propeily be urr .' :;-i 'ivour of a fingk fcrfov.^ than of a multtu.lt. /".ccounfcis of amonirch may be more <'^ciet. His mcafurcs more quick. In j^afllng an a£l of par' ^ment for all the colonies, as many men are tonfjitcd, if not more, than need be con- fulted, in o''taining the anfenr of every legiflaturc on the contin nt. \[ it i' ago argument for par- liament, it is . better ag.iinli vliem. It there- fore proves noihing but its own fi ilirv. The fuppojed advantages o\ fuch a powi-r, could never be attained but by the dcllri.ition of-j- realbeie- . L 2 fits, ■\ Thus the patriotr of Char/es^s days argued — "It is not, that ftjif-money hath been levied upon l'J, but it is, that thereby fhip-money f . -ned^ which is the gift and ear- nest PENNY OF ALL WK UAVE : it 15 fiot, »^hat our perrops have been imprifoned, 'u' .he payment of Inip money, but that our persons and lives are, upon \\\^ lame ground of lavj, delivered up to nvill and ^>leafure, his, that our BIRHTRIGHT 1 Ml ^irll? "i: 4 1(1 Jl IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 12.5 22 1.8 1.25 1.4 1 1.6 ■« 6" ► ^r <^ /2 /a 0^9/,. /A •¥^ Hiotogr^hic Sciences Corporation 1% WEST MAIN STREET V'/'STEIt.N.Y. 14580 (716) 872-4503 ^:v^ ^v^^ '^j^^. s m ■ I '-•.if-; [ 84 3 //^, evidenced by fafls to cxifv without it. The Swifs Cantons^ and the United Provinces^ are combinations of independant dates. 1 he voice of each mud be given. The inftance of thefe colonies may be added: For dating the cafe, that no ar/} themfelves to be loyal fuhjeds of? It cannot be his prefent mod gracious majedy, George the third, king of Great Britain^ for his title is founded on an a£l of parliament, and they will not furely acknow- ledge that parliament can give them a king, which is of all others, the higheft ad of fovcr- eignty, when they deny it to have power to tax BIRTHRIGHT IS dcftroyed, and that there hath been an en- r deavour 10 reduce us to n lower Jiate than villainage, ThC; -. lord might tax his 'villain de haut et de hafle, might im- .-^ prifon him, but his life was his own; the law sh-,,^ CURED HIM THAT," Lofd Clarendon^ suyi X See note on thefe words — " Therefore a power of re-^j^t gulating pur trade, involves not in it the idea of a fupreme legiflatur;^ over us." pa. 1 2 ^ \ I / r i \\ -Hi f t ^ i , ,, ■ or bind them in any other cafe ; and I do not recolkSI, that there is any adt of alT i;nbly, j[> any of the colonies for fettling the crown upon king ^tlliam or the illuftrious houfe of Ilaiio- ver *." " Curious reafoning this." § It :s to be wi(hed the gt-ntleman had *' utol'eCied'* that without any fuch *' adl of allcmbly" none of the colonics ever rtrbclled. What aSf of parliament is here meant ? Surely not ^hc luh Ot Henry the leventh, chapter the id in favour • ** The controierjy between Great -Britain and her colo- nies revie.ved." The learned gentleman who wrote this piece, has thought proper to quit his argument, rtep out of his way, perfonaliy abufe and leverely attack the wiictr of the " Farmer's L'-tters." His principal objedions are the Ibl'owinir, and the anfwers here given may perhaps be fuffi- ' cient to fliew with what force his objedions are geneially A urged, ifl. He fays, " the wi iter of the letters, tells us, chat the drawbacks A'hich aie illowed on fome articles upoai^' their exportation fro;^ England 2Lmo\xxiX. to more money than all the duties t0L;ether which are laid upon them on their ar- ^ rival in the colonies will produce. 1 believe it is the firft^f time that the colonies of any Itate have complained of the^^ injuftice of the m^ither country in laying taxes upon them, which were not fufficiently heavy y nor was it ever lefore dil- '^ covered that the proper means to redrefs the grievances of any people, were to increafe their taxes " Page i6. Anh-wer, .. .. The truth of the affertion in the letters is not denied. It is ""■ipi aflumed, by the author of the '* com. jverfy," as the foundarJ^^ tion of his argument. If then, parliament would have ^^ raifed more money, *' hjr flopping the drawbacks, than by,^^ laving the duties lobe paid in the colonies," nuhy were they kid ? From r^rfped for parliament it mull be fuppofed, x\kt^, were laid iot Jome purpofe. ' -^' ''~" *^~ '^ '" ~' *^'^ It was not for the fake of the „ ■ 'm- iTiOnev, =^ § Id. p. 17. ^l' hi k Wl' w i 86 1 favour of a k\i\gdefa^o. Probably the 12th and 13th ot William the 3d chapter the 2d ** for the further limitation of the crown &c.'* is intended. And, is it imagined that the words " dominions and territories thereunto * belonging" money. For what then ? To cfiablifh a precedint for taxing the colonics, fays the writer of ihe letters. The author of the controverfy does not deny it ; hut enters into a diflertatlon upon the more and the lefst which is not the point in queftion. 2dly. 1 he writer of the letters fays, that ** zci aS of parliament commanding us to to do a certain thing, if it ha: any validity, is a tax upon us, for the ex^' fince \\ that accrues in complying with it." In reply to this, the author of "the controverfy" enumerates many inftances of fovereignty Jubjeding the cclcnies to expince, which he fup- ■pofes may be legally exercifed within the colonies •• by ACT OF parliament". Pages 23, 24. Anj'wer. The pro- priety of this fuppofition is dcnitd, and remains to be proved. ** Abfurdities and contradictions" are pleniitully attributed to the writer of the letters, becaufe he will not acknowledge, that the power of parliament ** to regulate ^ trade, and prefervsi the connection of the whole empire in f" all pleaft, ^ A perfon of fuch fagacity, as the author of the controver- ' {^t might plainly have perceived, if his refentment had not prejudiced his candor, that the writer of the letters, was unwilling to give up any point, which he then thought ef- fential to the freedom and welfare of his country, and at ■j^D'tti* II Thjj fcptcnce related to the diflblutlon of the aflcmbly of "f'f A rw- Tori, for not complying 'with the adl of parliament for not //-^vfupplying the troops. Laft feflion of parliament an adk was pafl'cd ,»;>;: for the more commodious quartering of the troop* in America. It is '13'! not yet come over ; but dcferves the attention of the coloaifts, even I 3 if it has not the remarkable features, that diftinguifli the prod uc- ^ rbi'tions of the laft fcffion. ' .«i.t>»»i.-t>3T?at T5ff ^iroyrit •^.,•^v^' 0^• ,;i^j»i»«%t ■ .■I« 'A IV X ■» r\i4 ■:t, . C 87 ] belonging*' in that ftatute, form his majeily'a title to th" fovereignty of thefe colonies? The omiflion of them might have looked odd-, but what force is added by their infertion ? The fet- -:- ^ ' tie men c the fame time was § unwilling to propofe any new fubjcifl of difpute. Jallly has the author of the controverfy ob- ferved— that •* it would be cndlefs to trace this dodrine of TAXES THROUGH ALL THE CONSEQUENCES." pa. 23. 3dly. The writer of the letters fays, ** we are as much de- pendant on Great -Britain, as a perfedly free people can be on another." On this the author of the controverfy kindly obferves, that — ** it is a pity the learned editor (the Eng^ lijh editor, it is fuppofed) his not given the public a differ- ■ '^ '' * ' tation § " If any pcrfon (hall imagine thit he difcovers, in thcfe Icitcrs, the Icaft diflik.' of the dependence of thcfe coloiiies on Great-Bri- tain, I beg that fuch perfon will not form any judgment on parti- cular exffefficns, but will conQder the tinor of all ihe letten takdn tc gether. In that cafe, I flatter myfclf, that every nnprejudiccd rea- der will be convinced, that the true intcrcfts of Great-Britain jirc as dear to me, as they ought to be to every good fubjeifl. *' If I am an enlhuftaji in any thin(», it is in my zeal for the perpc tual dependence of thefe colonies on their mother country. — A de- pendence founded on mutual benefits, tlic continuance o^' wbichcan be fccured only by mutual afettions. Ihrrcforc it is, that wiih ex- treme apprchcnfion I view the fmatleft feeds of difcontent, which arc unwarily fcattered abroad. Fifty or Ji.xty years will make afto- nifhtng alterations in thefe Colonies ; and this confidcration fhould render it the bufinefs of Great-Britain more and more to cultivate our good difpofitions towards her : But the misfortune is, that thofe ^r^fl/ mf«, who are wreftling for power at home, think them- felvcs very flightly intcrefted in the profpcriiy of their country fifty or fixty years hence, but are deeply concerned in blowing up a popular clamour for fuppofed »V«wer//fl/f advantages. •• For my part, I regard Great-Britain as a bulwark, happily fixed between thefe colonies and the powerful nations of Europe. That kingdom remaining fafe. we, Under its protection, enjoying pcace^ may diiFufe the bleliiogs of religion, fcience, and liberty, through remote wilderneffes. It is therefore incomeftably our duty, and our interejl, to fupport the ftrcngth of Great Britain. When confiding in that ftrength, (he begins to forget from whence it arofe, it will be an eafy thing to (hew the fource. She may readi- ly be reminded of the loud alarm fprcad among her merchants and tradcAncn . .. ' !*■. j It si # <-■>_ '% '4 m-!\ w. i: 3 ••' I Lk'/' '» H '■ mi tkmcnt of the crown of England includes the fcultnirnt of the fovercignty of the colonics. K^ng PVilUam is mentioned — and will the gen- tleman venture to fay, that fniiiam was not, r;i;n;T'ftf'*'^ :ing tarion on that mrft ingenious and inrtruinive pafiape." pa. it;. Anjiutr. Amtncan underftandings difcovcr no incOnfif- tcncy in the idea of •* a Hate being dependant, and yet per* fe^ly free," and their temper is fo moderate that they would be content with that degree of freedom, which is compatible with a dcpendance. If the propofition puzzles B^ttijh underllandings, it is prefumed to be, becauie Bri- ions will not give themfdves the trouble to think of any dcpendance, but of fuchy as is deftruflive of all freedom i though they themfelves are dependant in Tome meafurc on others. 4ly. The writer of the letters fays — *' if money be railed upon us by others without rur confent, for our de- fence, thofe who are the judges in levying it, mull alfo be -... . ■ •: , - .._ . jj,e tradefmen, by tlie univerfal afTociation of thefc colonics, at the time of the fiamp-aff, not to import any of "her m an UFA ctur es. " In the year 1 718, the Ruffians and Sivedcs entered into an agree* mcnt, ntitto iuffer Great -Brilain to cxpoK any naval stores from their dominions but in Ruffian or Sivedijh fliips, and at their own prjces. Great-Britain was diArefled. Pitch and tar rofc to three founds a barrtl. At length (he thought of getting thefc articles from tlu- colonies ; and the attempt fcceeding, they fell down to fifteen Jiiillinjis. In the year 1756, Great-Britain was threatened with an inva/ion. An cadcrly wind blowing for tix weeks, (he could not MAN her fleet, and the whole nation was thrown into the uttnofl; confternation. The wind changed. The American fliips arrived. The fleet failed in ten or fifteen days. There are fomc other re- fle«aion», on this fubjedl, worthy of the moft deliberate attention of the BW/i^ parliament ; but they are of such A nature, that I do not chufe to mention them publicly. I thought it my duty, in the year 176$, while the ftamj>-ait \ris in fufpenfe, to wntc my fcnti- ments to a gentleman of great influence at home, who afterwards diftinguiflied himfelf, by efpoufing our caufe, in the debates con- cerning the repeal of that adV." Farmer's Letter, xii. p. 100, If the author of " tht controverly" had feen the letter above referred to, he would have found, that, the difi'ercnce between the PREROGATIVE in Great- Britain and in America, and the ei* ercife of imternal legislation by parliament over the colo- nies, with fome otiier points therein mentioned, were reprefented in the ftfonseft tcim> the writer of the letters could ufe, as unjuftj. ^W/i*\ f^-mmf/^trnffUff^ C 89 ] king of England 2in6. foyereign of thcfc colonies,' before his tiile wa,. " declared" or " recog- nized" by '' an adl of parliament?" The gen- tleman flurs over this cafe. His zeal for the , '» M " illuftrious ■:■} the judges in applying it. [Of consequence, the money,. f aid lo be taken from us for our defence, may be employed^ to our injury. We may be * chained in by a line of fortifica- tions — obliged to pay for the building and maintaining them — and be told that they are for our dt;fence ] With what face can we difpute the fad after having gr.ntf'd tliat thofe who apply the monev, had a right to levy it ? For (urely ic is much eafier for their wifdom to undcrlland how 19 apply it in the bell manner than how to levy it in the bert man- ner. Befidc the right of K.vying is of infinitely more confe- quence than that of applying. '\ lie people q{ England^ who would burft out into fury if the crown fhould attempt to //- •vy money by its own authority, have always afligned to the crown the a'plication of money." From thefe words relating to " application" the author of ** the controverfy" deduce-^ a *' proof," that the writer of the letters is very deficient in " his knowledge of the conflitu* and certainly tending ift a few years to produce thcdccpcft dJfcon* )- ' tents. The time is at lengilt come, when filence ia ^;Nfr(C(a on thefc fubjedls wou'd be Hupid ^r ciiminal. • The probability of this nieafurc taking place, is confirme4 by the Canada bill, a political device fo extraordinary, as to ex*')'. ciicfurprize even in thofe colonics who live in the year 1774. By ' this bill, it is faid, the Itgijlativc power is lodged in the gorerno? and a few men, not Icfs than 17 nor more than *3, appointed and rcmoveable by the crown ; and the government becomes wholly military. Trials by jury are abolillied, though multitudvs o£ Englip fubjcdts fettled there on the encpuragcment given by, i the kii^g's proclamation in ijCj The French laws arc re^.un ftored, and all the country on the back of these oo»m'' LUNiES is added to Canada, and put under the same m UNI- TARY government. This is indet-d to be '• citmed'm." No-is thing is wanting to complete the plan, but oiu money, to defray^f;* the expence of eredting jlrong hnlds among our woods .and mcii^e^n tains, and to bribe our Indians; and then the exprcfliQa of '• beat'*->^c, trig our f-words into plough'jhares will be rcvcrfed in.ao extraordinary! ^ manner; for" our plough-thare*" will furniftj tl.C very •' fwotds" that are to cut our own throats. \ I. ■A i i) A [ 90 ] ¥ . I*' ■4(1 i- •'.^^illuftrious houfe of Hancver" would be lit- tle graiified, by infering, that bccaufe the two houles i:on"t &c Aiif'wtr. Is this treatment generous? In fuch queftions ought the attack, to be turned from the cauje to the 7:ian ? The writer of the letters, pretends not to be diiHn- guifhed, as a ** critic on government" nor for •• juftnels or elegance of compofrion." || Surely, even the author of ♦* the controverfy " mull now be convinced of his averfion, to writing, as that performance, with all *♦ the jullnefs and elegance of its compofition, knowledgeof the fubjed handled, & confli* tutional learning difplayed in it," and employed to pull to pieces the reputation of the writer of the letters, has not rouzed him during fo many years fince its publication, to make a finglc effort in vindication of his charafter. Was it imagined, that every objeftion was juil, becaufe not replied to ? Many reafons, befides a fear of encountering objec- tions, may prevent an anfwer. In truth, he cannot be called a 'vclunteer author. — He never did, and never d\kzq to writt, but ivben the honour or interellof his country was alTaulted — when duty compelled every one to contribute what afTillance he could in her defence — and when he hoped, the caufe would draw fome kind of a veil over his defe(^ls. He expeded, he might efcape as the Spartan youth did, with fome flight cenfure for engaging improperly armed^ but that his motive would excufe him from a fevere one. How well founded the prefent reproach is, will now be conildered. One would imagine, that a man of com- mon fenfe on reading the foregoing extrad from the letters, would underftand the writer plainly to mean by •* levying^* the power of** taxing* — and by *' applying** the power of *' employing^' x\ic money railed by taxing; or in other terms, i\ie uc'tual expenditure o£ it. This meaning is evident — the conclufion being expre/s, that *' i^ ethers may be judges in ap' flyifig money, ofconsuquence hmay ie employed to our in^^ jufy"— and then follow fome itijiancest in which it '* may Jo employed." All this is very clear. - How then docs \ Page %$. 11 Pages aa and 15. .*<-/'»tsoil*aiUi r 91 1 houfes with the confent of the nation, made a king, therefore the two houfes can make - M 2 hws. the very ingenious gentleman open his way to the wiircr cf the letters, to give him this violent blo*v ? By a dexterity wor- thy of imitation — if jujlijiahle. He le.i'vcs out of his quota- tion, all the 'Words incloi'ed within the lall crotchet, be- ginning at the words " of coNSEquENCu" and ending at the words '* our def:nce," that Jhe'iued bevond a poffibility of doubt tn ''nfiuence of the crown? — He particularly takes notice of it with refpe£t to the army — in thefe expreffions — •* paid indeed ultimately by the people, but immediately by the crown ; rulfed by the crown ; officered by the crown; commanded by the crown."* "■ Is not the word *• application" uled here too, not only properly, as defined^ but properly, in a confituticuat jenje? True it is, that the word is fometimes ufed as fynonimous with appropriation^ though this latter feems to be- the fitteil word M ElackftoDc 330. \-'M 'si: •' ■■\._ E 9« 3 . laws. Yet thatconclufion woul':' be as juflifiable as this — that the aflfcnt ot the colonics to an elec- tion word to mean the Je/ignation of money to particular pur- pofes in a£ls of parliament. Could it be poflible, that^he author of ** the controverfy" (hould iinagiiie, the writer of the letters could be ignorant of fuch defignation or appro- priation of money by parliament, when one can fcarcely open a book of ftatutes, without obierving them ? Parlia- xnen; may accommodate grants of money to public neccfli- ties — and may call officers of the crown to account for mo- ney, but thele powers no more prove the a£2ual expend'turt and employment of money to belong to parliament, than the power of calling officers of the crown to account for in- jurious leagues, or declarations of war, proves the power of parliament to make leagues or to declare war. fiefides, it being contended againfl the colonies, that the •' fovereign fower'* is lodged in king, lords, and commons, the fame perfons may tax and expend^ to what excefs and in what man- ner they please, while the colonies will have no kind OF CONTROUL ovcr them : And, that fuch an union of thofe powers, is unconlUtutional and dangerous to the colonies in extreme, was the point the writer of the letter i^offenfively tn. ventured to yfift on. : ;j,,i' > -., Exadly in the fenfe here contended for, are the words ** appropriation" and " application*' ufed in fome of the befl authorities. Bilhop EUjs in his trads on liberty, page ^31, fays—" The parliament, at prefent, in granting mo- ney does for the moll part appropriate it to particular fer- vices, wheieby the application of it is more effedually fe- .cured." *' When any aids are given, the commons only -.do judge of the neceffities of the crown, which cannot be \ Otherwife made manifeft to them, than hy inquiring^ Jiow the money which hath been granted, and re^^enue of the «rown, is expended and applied. ''"'^ ** Out of the aids given by parliament, (which by the law of England are appropri- •;■: t ■ ■■ , ■- •■■''^**Ji'-J','.-i>if!'- .fi -Gl r^-ttX'U ■•4>^-.; ,,»;,» nja gffgj * "Words of the commons at z conference with the lords. ParlJ'tff. Of [ 93 } tion of a king by the two houfcs, or to the li- mitation of the crown by ad of pirliamcnt, proves a right in parliament to bind the colo- nies by ilatutes " in all cafes whatfutrver." In fuch great points, the coiidudl of a people is in- fluenced Jalely by a regard for their freedom and hap- • • audi and ou^^ht to have been employed m the common profit of the whole realm) many la>gt fums of money, during the times of fuch heavy taxes uponilie people, have been diverted un- der the head Qi fecretferviceit and for JalatieSf lounties aiid ptnfions Sec."* Some other unfairnefles there are in this famous piece, that need only be viewed, to be refuted ; but of which, it may be faid, if a ** precedent" elUWidicd by the ref^etSla- ble gentleman himfclf, can procure pardon for the expref- fxon, that" they are not entitled to notice." How could he venture to aifert as he does, that — ** the purpose ot the letters was to excite refentirent in the colonies aghinil their parent country and to pulh them on to a fepari^.tion from her." The letters prove the contrary Few men have expreft a warmer zeal for the connexion, than the writer of them 1 Yet his reputation is to be attac'.ced on every account, and a charge even ol dijloyalty direclly levelled againft him. The author is welcome to take what other licenfes he pleafes ia his reprehenfions of the writer ; but he ought not to have denied his integrity. Their inientions mull ftand the teft of a tribunal, that decides for eternity. May they then appear equally pure. ^ .?-,, True indeed are thofe words of lord C^»'^»/, is a novelty- -a dread- ful novelty. It may be compared to the en- gine invented by the Creeks for the dcftruflion ot Troy]'. It is full of armed enemies, and the walls of thc conltitution mull be thrown down, before it can bfe infoduced among us. When it is confidered that the king as king of England has a power in making laws- -the "powev oi exscuiif!g them- -of Jin ally determining on appeals— of calling jpon us for fupplies in '; * This word " d'^pendance" as applied to the Hates connefted with EuglanJ, feemi to be a new one. It ap- pears to have been introduced into the language of the law, by the common wealth a£l of 1650. A *• dependance on parliament" is dill more modern. A people cannot be too cautious in guarding againft fuch innovations. *• The creden- tials of the imperial ambafladors to the ftates of Holland, were direded--** to our faithful and beloved." The words feem to be very kind; but the cautious ftates difcovered that this was the Aileof the imperial chancery in writing; to the 'vajfals of the empire. The queftion was, whether the credentials fhould be opened? and it was urg- ed, that a folemn embaiTy ought not to be difappointed, for a few tiifling words. But the ftates refolvcd to fend them back unopened, which they did. Other credentials were then fent, w'th a proper diredion; and the ambafla- dors were well r eived." Arcana imp. det. p. 196, , ^f 7 Co. J 8, »••; '■\ri times of war or any emergency— that every branch of the prerogative binds us, as the fub- jcfls are bound thereby in En^Lwd—and that all our i n tercou r fe with /cr«^y;jri is regulated by parliament. — Colonills may " furely" be acknowledged to fpcak with truth, and prccif- lion , in anfwcr to the " elegantly'* exprcft queftion— " What king it is" &;c. by faying that " his mod gracious iT\B.}t([y George the third" is the king of England^ and therefore, " the kir/g" they— proicfs themfclves to be loyal ftib- jetlsofr . :'/ •" t'l We are aware of the objeAion, that, " if the king 0^ England is therefore king of thecolonies, they are fubjedl to the general legiflative autho- rity of that kingdom." The premifes by no means warrant this conclufion. It is built on a mere fuppofition, that, the colonies are thereby acknowledged to be within the realm, and on an incantation expe6ted to be wrought by fome magic force in thofe woods. To be fu- bordinately conneded with England, the. colonics have contracted. To be fubjedt to the general legiflative authority Oi" rhat kingdom, they never contratled. Such a power as may be necefiary to preferve this connexion Ihe has. The authority .of i\\t Sovereign, and the authority of controul- ingour intercourfe Wiih foreign nations form that power. Such a pozvsr leaves the colonies free. "But i;;, m r 96 ] m' K. ^i^ 'ih I' But a general ler^iflativc power, is not a power to prefrrve that conne6lion, but to diftrefs and cnflave them. If the firft power cannot fubfiflr, without the laft, (he has no righteven to the firft, —the colonies were deceived in their contradt— and the power muft be unjuft and illegal; for God has given to them a better ri^bt to preferve their liberty, than to her to dellroy it. In other words, fuppofing, king, lords and com- mons ading in parliament, conftiiuteayi>t;^m^»/jf over the colonies, is that fovereignty conitiiu- tionally ahfolitte or limited? That ftates without, freedom, fhoukl by principle grow out of a free ftate, is as impolFible, as that fparrows, Ihould be produced from the eggs of an eogle. The fo- vereignty over the colonies, muft be * limited. Hejiod long fince faid, " half is better than the whole i" and the faying never was more juftly applicable, than on the prcfent occafion. Had the unhappy Charles remembered and regarded it, his private virtues might long have adorned a throne, from which his public meafores precipitated him in blood. To argue on this fubjed from other inftances of parliamentary power, is ihifting the emt-'> ■<.«*<'-• s,T<*',*( * tt ground^ ^ Nee REGiBus infinha aut libera poteflast was the con- ftitution of our G/rm^a anceflors on the continentp and this is not only confonant to the principled of nature, of i^iBERTY, of REASON, and of SOCIETY, but hat always been eftcemed an exprefs part of the com.jc. x law of Englandy even when prerogati've ivas at the higbtji." 1 Blackft. 233. 97 ] ground. The connexion of the colonies with En^landy is a point of an unprecedented and delicate nature. It can be compared to no other tafe; and to receive a juft determination, it murt be confidered with reference to its own peculiar circumftances. f The common law ex- . iH ', tends f The learned Judge, [in Vol. i. pag. 107.] fays thi$ country was not *• uftinhabiied when difco^er'^d and planted by the Englifh, &c. but ought to he confidered as a conqu^redt ceded, or infidel country. Our American plantations ^xt principally of this latter fort, being obtain- ed in the laft century, either by right oi coi^que/i and dri^v- ing out the natives (with what natural juHice, I fhall not at prefent inquire) or by trtaties : and therefore the common law of England, as fucii, has no allowance or authority there, they being no part of the mother country, but dif- tindt (though dependent) dominions. They are fubjedl however to the cojitroul of the parliament.'* , According to this do^rine, the colonifts are confidered in a legal vieixj by the parent ftate, *' as infideh or conquered people y* not as her cnildren with her confent eftablifhing focieties for her benefit. Though not a fingle man of the ** infidels or conquered" people, fhould now be found to reiide in each col<;ny j yet a political contagion is com- municated to Englijhmen in fecula ficulorunit becaufe /«- dians once fiihed in the rivers, and hunted in the woods. If this be their ** condition,^' then according to the law laid down by the judge, ** they are fubjert not only to the contro).! of parliament y** but the ** Kinj^ may alter and impoje what laws he piea/es." ^ It is not known, what the learned Judge means by the word ** principally.^* Perhaps he alludes to the '11 direded hu- manity and jujiice of the firft fettlers of fome colonies, who purchafed the lands from the natives, for valuable a;id iatisfoitory ^ X fil»c kO. 107. afid the cafes tbcic cited. I ts* ..|;|.'*: -SBm& - X^^v.'. "«; ■*'« ■■%;*"t'^'** i'--^^ "^W^ C 98 ] \ / it ^r tends to colonies-, yet Mr.judice Blackjlene fays, " fuch parts of the law as arc neither nef/«f ; for /^(f/ic6urtly tenets are the only confequences deducible from the cuiious argif~ vient ihat tends to involve thefe colonies in the misfortunes of if^ conquered^ cededy or infidel countries. " The ** contrcul of parliament," is aflerted to be fupreme, in P'.\.ry cafe. Whether the colonies were fettled in " uninhabited countries," or in -? conquered, ceded, or infidel counties," makes no differenB€-as to that point. ..-Another learned gentleman has difcovered, that we " are iiiQt entitled to as great a degree of freedom as Ireland.** Why ? '* Becaufe Ireland was a ctnqnered country." This remark does not feem to remove the difficulty. Let us hear the point a litlle more explained, " Inland \\ is true was conquered -^ ^7 nor conve'iicnt for them, as the jiirifdiiftion oE the fpirituu! courts, &c. are therefore not in . .■ N 2 , .„, force.",,., •I , ) : i conquered, but certain conr.ejjiom were rradf^to the people. > Thefe were the terms granted therrij bot Eniland is obliged to keep no terms with the colonills." At every ftep theftt fventlemen take, thofe writers, who have contributed fo much to ihe ^lory of their country, turn upon them, and dircdiy oppofe them. Thev at firfl fhrink before thefe ve- nerable advocates f)r liberty and humanity — but recol- ledlin^ themielves, they diltinguifh and refine, in order to take away the fubftance of every argument, and to whittle down a Hooker and a Locke into a Lejlrange and a Filmer. After taking thefe liberties, they at length grow bo'.d enough to arraign the authority of any man, even Mr. Lockn himfelf, if his writings cannot, by ail this art, be turned to their purpofe. We need not bt; furprifed after this, that every colonifl, who ventures honeflly, to allert, as well as he can, the caufe Ct his native land, Ihould be treated with little refped. The colonies, have always been on the defenfi^ " ** a fiibjed, and that his com pad held them; whereas it •^it H \V«* being only a neceffary condition annexed to the land, and if i •* the inheritance of an eftate, which is under that govern- (( «< <« Tf. 0/-W " mcnt C XOl ] li <( <« It <( <( *' The laws of England with refpcdl to preroga- tive, and in other inftanccs, have accommodated themlclvcs ** aient, reaches only thofe who will take it on that con- ** dition, and fo is no natural tic or engagement, bat a " voluntary fubnnflion; for every man's children being by ** nature as free as himleif, or any of his anceftors ever were, may, whilft they are in that freedom, choofc what fociety they will join themfelves to, what common- wealth they will put themfelves under; but if they will enjoy the inheritance of their anceilors, they muil take it " on the fame teims their anceftors had it, and fubmit la all the conditions annexed to fuch a pofreflion." Whoever (fays he in another place) by inheritance, pur- chafe, permiffion, or othcrways, enjoys any pare of the ** lands /3 annexed to, and under the government of, that *• common-wealth, muft take it with the condition it is un- *• der; that is, offubmitting to the government of the . ** commonwealth under whofc jurifdidion it is, as far, ** forth as any fubje£l of it.'' page 31 The ingenuity of the gentleman is here again remarkable Mr Locie'm his a^th chapter on civil government ** Of the beginning of ^ political foci<^ties," immediatly before the words abovemen- ! tioned •* Whoever by inheritance," &c. fpeaks of a man ' who '* unites his perfon which was before iict to a fociety for the Jtatring and regulating of property, and fubmits to ■' the community thofe pofltJflions which he has or i\' '\%-^-:\\ ' ' ^nMWi''.;'A iV .,(1,1 in RIGHT TAKE FROM ME WHEN HE PLEASES," f " means no more** than that the fuprcme legiflative power has no right to take the property of others vvithout their confent " for the PRIVATE use or purpose of the Icgiflative." So that according to this conflruftion, the conftitution of a Hi" well eftablilhed governnacnt, or the freedom of a people, depends not or the great right which God has given them *' of having a fliare in the government of therafelvcs," whereby their property is fecured, but merely, on the ** purpo/e," to which the property taken from them with- out their confent is «////.\,ii~)-'t<'- ■->'l » ir-> "I u. '!•♦>'' v(h r, '.M'(<)iJ^frii held legal in the fcur hujidred o? Athens^ or the parliament of Great Britain*'' Let the diflindtion be allowed its due weight. Can it be believed that fuch a friend to mankind, as Mr. Locke \vn%t could ever think ^//yo/z//^ dominion J juft or legal? Would not fuch a fentiment diredly oppofe thofe principles, his benevolence 'udi'ced him to take fo much pains to vindicate and ellablifh ? Would the found of the words — •* dependance — " '• fubordination — " ** withirt the realm — " *' part of the dominions — " &c. have convinc- ed him, that it was *• the indii'penfable duty of parliament to eafe the gentry and people o^ Great -Britain by taxing the colonilh without their confent?" — and that it was the indifpenfable duty of the colonirts on conjiituiional princir pies to fubmit to fuch taxation ? The learned fay that the too rigid attention of the mind to one idea fometimes is the caufe of ma inefs. So rigid has been the attention of many heads in Great- Britain to the idea of dcpenhance^ that it feems to have cccafioned a kind of infanity in them j and by ruminating, fpeechifying, and enabling about it and about it, they have loft all ideas of jullice, humanity, law and conftitntion, and in fhort of every quality that ufed tp dillinguirti men from the reft of this creation, zxi^ Englijh- men from the reft of mankind. But Mr. Locke* % under- Handing, even in the prefent whirl of the political world, would have preferved him, juft and tenacious of his princi* pies. The cafe he puts, and on which the author of *• the controverfy" argues, is that of a fubmljfion to the arms of government in a common-nveallb. The queftion be- tween Great-Britain and the colonies, is, ivhat are the terms of their connexion under all the circumftances of it. It is not rccollefted that Mr- Locke ever infinuates, that . the parliament of Great-Britain might bind the people of .^f^'nij-': u /-lAr-'r^v' ,: , ^vWi Ireland" , * ♦* Ah/olute domhison however PLACED, is'fcl 'fa* fwm hein^ one kind of civil fc:':t!y, that it is as inconjiftent with it, as Locke on civil '(I '1 ■ ii m Jlavcr) is with ^roPertv. gOYrt. p. [ 104 T peiually animates the conftitution, and regu- lates all its movements— unlels unnatural ob- (Irudions interfere-— " ' 'i-u.'-ih miht"^/' *' Spirit us intus nVtt^ totaniqi^e infufa per art us •* Mens ogitat mokm, £ff magno fe corpore niifcet.'** I ■ K ' \ : • .. \ Another •* :, «■' III ■r ■( -' .)"♦ Ireland by ftatutes, *' in all cafet nKhatfwver .** Yet tlierii was in his time a famous dii'pute concerning the authority of parliament over that kingdom. So far was he from fa- vouring the claim of parliament, tliai it is hoped, it can clearly be proved, he favoured the oiher fide of the quellion. His fiiend Mr, Molineux, in a letter dated Marc/? ij, i'S(,7-8, tells him of his intentions to vifit him--~when he coold gel loofe from bufincfs : *' But this I cannot hope for till the parliament in England rifes. 1 fhould be glad to know from you when that is expeifled, for indeed they bear very hard upon us in heland. How juftly they can bind us, !• u .*.t* .. . iUMui \y,i\'n\ [i:.i right to promote the ^/?/? union of both, in order to enjoy both in the higheft degree. Thus, while this right is properly excrcilbd, dcfires, that feem felfijh^ by a happy combination, pro- duce the welfare of others, " This is remov- ing fubmiflion from a foundation unable to fup- port it, and injuriousto the honor of God, and fixing it upon much firmer ground."* •'(» ,-,'(;.( 4\.<- l.« i. No fenfible or good man ever fufpcded Mr. Hooker of being a weak ovfatUous perfon, " yet he plainly enough teacheth, that a fociety upon experience of univerfal evil, have a right to try by another form to anfwer more ef- fetoally the ends of government" — And Mr. ^oadley afks — *' Would the ends of government be deftroyed fhould the mifcrable condition of the people of France^ which hath pro- ceeded FROM THE king's BEIiVG ABSOLUTE, awaken the thoughts of the wifeft heads a- y^ mongft them ; and move them all to exert themfelves, fo as that thofe ends fhould be bet- ter anfwered for the time to come ?" hi What mind can relifh the hardy propofition, that becaufe precedents have been introduced |,,by the inattention or timidity of fome^ and the ^ cunning or violence of otherSy therefore the latter have a right to make the former mifer- able , • Ht)adly's dift, on government. m, ':■ 1. '»oy J able — tliat is, that precedents that ought never to liavc been fct, yet being fct, repeal tlie eter- nal laws of natural jullice, humanity and equity.* The argument from precedents begins un- Auckily for its advocates. The frfl produced againit us by the gentleman before mentioned, was an a6l palled by the Commonwealth parlia- |l^"V M' iM'i! ' O 2 'Ta •** I could never think ment ct r o (( the fecond, — Charles the twelfth, — Lezvis the fourteentii, — and a numerous lift of diftinguilhed princes, were overcall, when unrelenting cruelty came to prelide over their refolutions. From Athens to Genoa the obfervation holds true. Let not the opiniort be condemned as prcfumptuous, before it be fully enquired into. It is worth an enquiry. *• Difcite juititiam moniti & non temnere divos.'* England Ivia been profperous in many civil wars, but they were in defence of liberty. She never engaged in one a- gainft liberty. — Would to Heaven, (he would fet the world ' the much wanted example of lenity in government. : Mankind might gain by it. The other mode has been fof- - fikiently tried, and proved to be impolitic and ruinous. 3i wrmmm !,:. I ii"'auft' J ^'^'^Wer^! in 1650 to " pitnilh*' yir^inia f, BarliaJos^ f\^i^^j4ritfgua^ and Bermudas, for tiieir FiDBLnv 2'jjnij.Q Charles the Second. .9y mitieni is the Miy.,V/??/ of parliament to ** puniJJj' ( olonills for ^' dbittg their dut). But tlie parliament had before overturned church and throne^ fo that there is ^ an older ** precedent** ^"et againil thefe. <'•'"? 1 ', That parliament fat amidfl: tlie ruins that furrounded it, fiercer than Alarm among thofe of Carthiige. Brutal power became an irrefif- "*' tiblc argument of boundlefs riglit. What the '^' ftyle of an Arijlotlc could not prove, the point '' of a Cromweirs fwortl fufFiciently demonltrated. '' Innocence and Juilice fighed and fubiDitted — *' -'What more could they do? The Reltoration ' 'took place, and a le^al parliament v/ould not ' doubt but it had as extenAve a right as an ilk' * gal one. The Revolution fucceeded, and v/it!i r it methods for blending together the powers of ' king and people in a manner before unknown. • A new political alembic was fixed on the great . principle of refiftance, and in it, feverc experi- ments were to be made on every other principle of the conftitution. Hov/ the holdnefs of mini- ono b.ubi'/fh:i -yyii.-i Vjfii tf .vji Jlers fro f' This loyal, generous colony pre&rved its principles ^ith Aich fpirit, notwithllanding the oppreflion abovemen. tioned, ii^^xxn January 1659, they threw ofFall obedience "" to the parliament, replaced the kings governor, and pro- claimed Cbarlts the fecond, feveial munths before the rcllo- ■ racio^i yn £«r(>/^ * .. , ' t m I n"y J ,1 fters & eontempi of the people have liirrcafcd fincc V that pcno.i, n:)t a man the Icalt ucijuaiiital with .)\ En^lijh \\\[\oxy can be ifrnorant. '1 he Colonics were in a (late of infai)cy — Hill in a Hate of chikU , hooil. Not a fuiy;lc Itatutt' conccrninjy them ir. recollcdetl to h^ve been pall b';fc)rjtc;, it h apprehended, arc noother- . wife regarded in th.e Eh'jUI!} laws than as they , eitabiilh certainty for the dunefit of thb I'EOPLi: — according to the maxim — " niiferable , is the fervitude when the laws are uncerfain.** > Precedents militating again(l,the v/elfare or hap- pinefsof a people, areinconfiltcnt with tTie grand original principle on v/hich they ouglic to be founded. 'I'heir fuppofcLl fancLion encrcafes in proportion to the repetiticnj of inJAifhice. They , muil be void. In fiibjcit.] of dif|.)ute between man and man, precedent may be. of ufc, though ^ not founded on the bell reafon. Tiiey caufe a certainty, and all may govern themfelves ac- cordingly. If they take from an individual one . day, they may give lo him i\v^. ne::t. But pre- /^cedents to oY^nhco^N principles, to juitify tlie^^r- />f/«^/ opprefiion of/?//, and to impmr tb: power of the covjliiutioHy r]iough-a cloud of rhem ap- t-lS W ) -(II :f' pear. L 110 J pear, have no more force than the volumes of diift :hat furround a triumphal car. They may obfcure it : They cannot (lop it. What would the liberties of the people of England have been at this time, if precedents could have made laws inconfiftent with the conftitution ? Precedents tending to make men unhappy, can with pro-- priety of chara6t:er be quoted only by thofc be- ings, to whom the mifery of men is a delight. W l!>"'. Wi k n >■'■.■■ tl m " If the ufage had been immemorial and uni- form, and ten thoufand inftances could have been produced, it ^yould not have been fuffici- cnt ; becaufe the practice muft likewife be agreeable to the principles of the law^ * in order to be good : whereas this is a practice inconfift- ent with, and in dired oppofition to the frji and cleareft principles of the law" ■\ — to thofe^W- ings of humanity^ out of v/hich mankind will not be reafoned, when power advances with gigantic ftrides tnreatening difiblution to a ftate — to thofe inherent though latent powers of fociety^ which no climate^ \\ no time^ no conftitution^ no (ontra5iy can ever defti oy or diminilh." J '^ ' * • This is a maxim of law, that — ** a bad ufage ought to be abolifhed."* . *^ 't Letter on general warrants.— ^^^^ ,^-,^ ^^i t ah ajA( , Blackftonep. 245. . ,, , .,.,..•,«* -s .'II Equal distribution of justice, and freI -JENJOYMBNT of PROPERTY, ^YttYiQ great objcfts oi focii- ^ y j^^mtiiife^ precedent t ft at Ht€t or inftitution-, fhouM :>VJ 'itqflpL* liU t!£r.. ki u Si vbr>li{<;MOtj 'iXnx>U deter X)l .V ''' •(iiUU-fi. -j^'i-'ni fii-g-u 3lOii»v ^ii/ VO £• :id3 .k:fth-i »f^ \ii^ *^J^ Wii Ayij;i34 3^3 ^"*iJi J^^J ^i-inm. «% TT7T ""■"'"WSlll #% to ?f>fiu>Iov o.flf ninli y.niu.- 112 »5» ■■ ^l%^^d^'m% % conftitutional, miift be univerlal ' and Aipi^^lnl^* in the utmoll Icnfe of the words. It is thcl-e^"^'^ tore concluded, that the colonifts, by acknow-' ledging the power of regulation, have acknow^' ledged every other power." On this objedion'"- we obferve, that according to a maxim of lav/, " *' it is deceitful and dangerous to deal in gene- ral propofitions." The freedom and happincfs of flates depend not on § arlful argument s^ but " ■/'" ' . ' ■ on '"-'[ § Our chance of fuccefs would be flight indeed, if it depended on ("ubieties of reafoning. Who can refift the ikil- ful and courageous attacks of thofc Britons, who have not long fince diftinguifhed themfeives in the polemical fields ? Have they not />7?i;^i/ to the fatisfadion of thoufands, the non exiftence of matter — the neceifity of human aftions—- confequcntly the in.iocence of ihem — the comfortable mor-. . tality ofthe foul — that virtue is a name — vice a jell — liber- ty a nonentity — chiilHanity an impofture — and, \vith due detv=:ftation be it mentioned ; that we have no ^dea oi po^wer^ nor of any Being endowed with any power, much less of one endowed with infinite power : " With explofions of learning and flalhes of wit, thefe welt trained troops would keep up a terrible fire of artillery and fmall arnis againll us undifcipUhed Americans. We mult not meet them in the fnock of battle. That would* BE MADNESS IN THE EXTREME. We mult make the mofl of our natural aivan-ac;es. — — ^['here we are fafe ; and all ^ the forces that can be brouglit to the afTault, will never be able to prevail againll us. To drop the metaphor. ** Inquiry ccafes to be rational, and becomes b-^th whim- ficfll and pernicious, when it advances as far as feme late authors have carried it, to coutrovert the flrll prihciplcs of knowledge, morality, religion, and confequently the fiin-* damentai laws of the Britijh government, and of all well regulated fociety." Mr. Meattie on truth. 'fmpw^finijB^ F ^13 ] on a few plain principles. The plaufible appQ^r- ance of the objedion confiUs in a ronfufed com- prehenfion of feveral points, entirely diftinft irf ♦j^; their nature, and leading to confequences diredt- 4, \y oppofite to each other. The^e was a timcj h, i when England had no colonies. Trade was theU4. objedt Ihe attended to, in encouraging them,-''^ A love of freedom was manifeilly the chief mo- ' ^' tive of the adventurers. The connexion of co- ' '" lonies witii their parent ftate, may be called a ' new objedt of the Englijb laws. That her right ' extinguilhes all their rights, — rights effential to freedom, and which they would have enjoyed, by remaining in their parent ftate, is offenfivc to s reafon, humanity, and the conllitution of that ftate. Colonies could not have been planted on ' i^efe terms. What Englijbman, but an ideot,' would have become a colonifl on thele condi- tions ? to mention no more particulars, '' That every fhilling he gained, might rightfully be ta- ken from him — trial by jury abolifhed — ti* . building houfes or making cloths with the mate- ^^ rials found or raifed in the colonies prohibited— *'■;;' '^;' and armed men fet over him to govern him in, every a6lion ?", . P .^.^, _ Had ' It has been aflerted by fome men diftinguiftied as hifto-.>; -0^ rians, that the zeal of the reformers in religion engaging:^; a^, them to think liberally on that fubjedl, led them tJ thinK . ."^^vaft. with like freedom in civil affairs, whereby the government _^ of England TQCtvrtd its greateft improvement. If the icn- "^ timent is jufl, may it not be inferred, that contempt for re- ^5^ -ligioii, mull neceflarily introduce an indifference for all dii*»^ ■'**** j 'ill riUes of government & the principles of the conilitation ^pt^isnti .■^1 -.*•.*>. .;^<,1.' ■.-.•H, t *.J^ii**iJ^ f^i'.! l& i "4 1 Had thefe provinces never been fettled — had til the inhabitants of them now living, been born in England^ and refident there, they would now enjoy the rights of Englijhmeny that is, they would be free in that kingdom. We claim in the cflonies thefe and no other rights. There no other kingdom or ft ate interferes. But their trade, however important it may be, as the affairs of mankind are circumftanced, turns on other principles. All the power of parliament cannot regulate that at their pleafure. It muft be regu- lated not by parliament alone, but by treaties and alliances formed by the king without the con- isENT OF THE NATION, with Other ftatcs and kingdoms. The freedom of a people conjijis in leing governed by laws^ in which no alteration can be made^ without their confent. Yet the wholefome force of thefe laws is confined to the limits of their own country. That is, a fu- ' preme legillature to a people, which ads inter* nally over that people, and inevitably implies ferfonal zStnty reprefentation^ oxjlavery. When an univerfal empire is eftablilhed, and not till then, can regulations of trade properly be cal- led, a6ls of fupreme legiflature. It feems from *^ many authorities, as if aimoft the whole power ^6f regulating the trade of England was original- ly veiled in the crown. One reftridbion appears ^to have been, that no duty could be impof- without the confent of parliament. Trade m(^:- was i , T •» ;r was little regarded by our warlike anceftors. Ar, commerce became of more importance, duties, and feverities were judged neceflary additions to its firft fimple (late, parliament more and more interfered. The conftitution was always free, but not always exadlly in the fame manner. " By the Feodal law, all navigable rivers and havens were computed among the Regalia, and were fubjed to the fovereign of the ftate. Arid in England it hath always been held, that the king is lord of the whole Ihore, and particu- larly is guardian of the ports and havens, which are the inlets and gates of the realm : and there- fore, fo early as the reign of king John, we find (hips feized by the kings officers, for pitting in at a place that was not a legal port. Thefe le- gal ports were undoubtedly at firft affigned by the crown *, fmce to each of them a court of portmote is_ incident, the jurifdidion of which muft flow from the royal authority. The erec- tion of beacons, lighthoufes, and fea marks is alfo a branch of the royal prerogative. The king may injoin any man from going abroad, or command any man to return. The powers of ; eftabhlhing public marts, regulating of weights and meafures, and the giving authority to, or making current, money, the medium of com* . merce^ belong to the crown. By making peace "or war, leagues, and treaties, the king may , P 2 opea ll I- m. 5- ' If. ► I.. m m ^ « .' t 4? *- ri M IH I n6 3 J Open or flop trade as he plcafcs. The admiralty ixourts are grounded on the necefTity of fupport- ing a jurifdidioa fo extenfive, though oppofite to the ufual dodlrincs of the common Uw. The . laws oi Oleron were. made by Richard the firll, V and are dill ufcd in thofe courts." In the " Marc ■ caufum", arc fcveral regulations made by 1 '\ings ^■«i ■'>*'•' Time forbids a more exaft enquiry ^ u>''^ r:'4f '■»• hA' mto A V .If »\ '<• *;'♦ The power of regulating trade, was carried fo far by .the crown, as fometinies toimpofc duties; and queen Eli- xahtth obtained feveral judgments in the exchequer on fuch regulations. Lord chief jurtice Coke anfwers the argument founded on thcfe— -in z inlt. 62. 6^. Princes aimed at too jnuch power exxecded due bounds — their imprudence produced " grievances" — and ihe people who always fuf- ieif when their rulers are weak or wicked, would no longer trjill fuch opportunities of opprejjion in their hand. The •.power of itnj)rejj\ng feamen, Ihews the cxtenfivc authority j^ naval aj^airs truiUd to ** the crown." •1"' ' " ^ . ,. .'f :.| Blackft. 419. Foftcrsrep. 154. • .-So extremely averf

■«;..; ' liecame of the bill in the houfe of lords. One Mr. Srcoh hid in 1621 ——« We may make laws here for Firginia, for i/tb* king gives tonjeni to this bill pail here and by the iords* this will controul the patent." It feems, as if the notion of the king's regulating power iUll prevailed, but, that" a claufe of /or^i//vr«" in fuch re- gttiations was void." So much had the power of parlia- ment grown iince king JobH*s reign. Nor does it ap- pear to have been unreafonable, as commerce became of l&ore confequence. The inftance here mentioned, related ite m regulation of trade; and however the king might have ' iceommodated the point, with the other branches of the Ic 'giflature, the whole proceeding is immaterial. If it was [^ right actually enjoyed by EngUJhmeH to fiAi on the coafts ; of a plantation—; ad a grant by the crown of the filhery to ^ fhe people of the plantation excluding the people of MngianJ, r could not WSro;^ them of their right — or, •• if by the king'i . ';giving his confent to a bill paffed by lords and commons, * -— «« thfe patent might be controuled" — it does not follow, ' that the king, lords and commons could diveft the people ;^©f the plantations of all tbeir rights, ^^i u r.tttv ,^, «!«r^ • t Cafe of the OjiinJ Eaft InMm company, iv -li^ uiW*r * " Another light, in which the laws of BngUnd confi* der the king with regard to domelHc concerns, is the arbi* cer of commerce. By commerce, I at prefent mean domeftic commerce ■ it ») '/ C »9 T pic of England were freemen^ before they were merchants. Whether they will continue /r^^, they themfelves muft determine. //d?w they Jhali trade^ mult be determined by Germans^ French^ Spaniards^ Italians^ Turks^ Moors^ i^c. The right of acquiring, property depends on the rights of others : the right of acquired property, folely on the owner. The pofleflbr is no owner without it. " Almofl every leaf and page of all the volumes of the Common Law prove this right of property f." Why (hould this right be facred in Great Britain^ " the chief corner done" in the folid foundation of her conflitution, and an empty name in her colonies ? I'he lamb that prefumed to drink in the fame fir earn with a ftronger animal* though lower down the currenty > >. ^ . could >. commerce only. It would lead me into too large a field, if I were to attempt to enter upon the nature of foreign tradcy its privileges, regulations, and reftridions ; and would be alfo quite beftde the purpofe of thefe commenta- ries, which are confined to the laws of England. Where- as no municipal Iwws can be fufficient to order and deter- mine the very extenji've and complicated affairs of traffic and merchandize j neither can they have a proper authority for this purpofe. For, as thefe are tranladions carried on between fubjefls of independent dates, the municiple laws of one will not be regarded by the other. For which reaibn the affairs of commerce are regulated by a law of their own, called the law merchant or lex mereatoria, « which all nations agree in and take notice of. And in particular (it is held to be part of the law of England, which decides the caufes of merchants by the general rules which obtain in all commercial countries ; and that often even in matters relating to domeftic trade, as for inftance with regard to the drawing, the acceptance, and the tranf- fer of inland bills of exchange/' . t Patlia. m. . w^^^S-i i^^Tv i4 »^ * I'^iluiiTi,-:). V»-* -f'-..»i'^(^^ii* fi J/. '■^^tf ■>< . •^;; ^M^JSiSS'i* 10^*1 H- L120 I coukl not refute the charge of incommoding kt- ter, by difturbiag the water. Suqh power have realbni that appear dcfpicable and deteflable a^ lirit v/hcn they are properly enforced. /.i/.v.\ FnoM this very principle arofe her power -, and can //W power now bcjujHy exerted, infupprejji- on of that principle ? It cannot. Therefore, a power * of regulating our trade, involves not * This diilincHon between a fuprenie legiflature and a power of regulating trade, is not a new one. We find it clearly made, by the judges of £;/^/^/7//, at a period, when the modern prohtabie mode of blending rogether in j arlia- ment the auilioiities of the crown and people, had not cxtinguilhcd all reverence for the principles of the con- lUtUlion. ' ' , - ■ ■', ' •* -:.;.. .i^ V^J .'H :^i3> ( Ky the ftntutc of the zAo^ Henry G\\i ch. 4th Calais v:n$ confirmed a rtaple place for the wool exported from Eng- lanci, PFales and Ireland, Some wool (hipped from this lad kingdom, was config ed to ^/w/cf, in Flanders. The ihip by llrefs of weather was forced into Calais^ where the wool was feizcd as forftited. The chief queftion in the exchequer chamber was, whether the ftatute bound Ireland. In Richi: 3, 12, the cafe is thus reported. *• Et ibi quoad ad primam qjeftionem dicebant,quod terra M'^fm^r inter fe habet far- Jiamcnturn Sc omnimodo cur:as prout in Anglia^ & per idem parliam. - ^- # I . Y\ a. , \ ^■.- a, / ^? .;a. t 122 1 in it the idea of fuprcme legiflaturc over us. The firft is a power of a" prefcrving " protedling*' ' *^-! (^ nature. 90 fays—" the chief juOice was of opinion, that the fta- tutcs of England fliall bind Irelunti, which was in a manner agreed by the other juflices ; and yet it was denied the for- mer day: Yet note, that Ire/anJ is a realm of ilfelf, and i'at a parliament in ilfelf " Here it may be obferved, firfl, that the reafon affigned. by the judges, why the llatutes of England bind not the pe9p!e oi Ireland, though fpeciallj named, contains a confti- tuti.)nal principle, the fine qua of freedom Secondly, that the pjoiple of he'and, as fubj^-dls of the king, were *' under toe admiralty of England as to things done on the high fea'j" w'lich u a ilrong conhrmatiun given by the judges of England, to the fupppfition before madf, of the power of regulating trade being forme/ ly veftcd in the king, Ihirdly, that the opinion of the chiel jullice, and of the other jultices, fuch as it was, ** reddendo fjngula fin- galis, ic fecundum fubje^tam materiam," piove& at mod, only that /r*/fl»<^ was bound by Jiatutes regulating their trade, for fuch was the 2 Henry 6th ch. 4th on which the cafe arofe. Fi^nrthly^ \\\zx Bro(jke z, man of great eminence and dignity in the law, appears by his note, to have been difTa- tisfied with the judgment, tho onl) on a ftature of regula- tion, for this reaion of fuch weight with »n Englijbman, — *' becaufe Ireland is a realm ot itlelf and has a parliament within itfelf " Fifthly, that the authority of the crown, including the regulation of the trade oi It eland, and fend- ing writs of error there, were fulficient rellraints, to fec.irc the obedience and fubordination of that kingdom. This reafon fcems to have held its ground, till loru chief jullic* Ccke^i time; and though a great reverence is entertained for his memory, yet it can never be ackn \^'!edj»ed, rhai an '* obiter dietun^ of his, or of any .Other man, is a rule of law. \ In! Calviti'% cafe, the chief jufticc reciiii.g luc tortguing Cufc, lays, '* Hihernia habet pariiamentuin, Sc laciunt le- i',es, Sc nof^ra Itatuta non legant ecs, quia non mittunt inilite^ ad parliamentum (which ••' adds he," is to be under- Jicod, unlefs they be ejpecially named) Atid does the " cfpecially naming them," give them a rcprelentation, or jemove the injulHce of binding them without it? This ob- , ft:' vation in plain Englilh would run thui. " Our itatutes do ^■^'■1 " ,•..'..* r 122 J 'mf In «'. il '1 I •• J.I ) I ,1 |7 !J nature. The lad, as applicJ to America^ is fuch a power as Mr. Juflice Blackjlone dc- do not hind thr people of frfland, when we Ie point is, wheihei it is our rv/V/ to bind them"— -or in othfr words — ** th»t our Ifatute* do not bind th^'m for a reafoji, as llronc; as man can give, and fo acknowie yed hv us to be, which yet, is no rcainn at all : for, where th reisnoocca- fion for its op--ration, it applies not; aid where there is oc- cafion, it is of no force " Mis Lordftiip hifd juil before taken notice tli.it *' a writ of trr or dui Ive in the kind's bench of E»:la*t(i of an erroneous ju.igment in tht* kin^^'s bench of Irelnnd;^^ and per' aps that led him in the couiiie of his ar ument to imagine, th»'re mipht be a like pre eminciice of the parliament of England over that Oi Ireland That this was his reafon Items certain, becaufe at a nieeting of commiffi mors to confid«r of a pro- je^ed union betwren E/igland and Satland, at which the chief juftice was prefent — Moor 796, it it faid *' that parliament has power over Ireland, as is proved by that a writ of error may be brought of a judgment in the king's bench of Ireland.''* In the 4th inft. he alfo fays the people ofCuern/ey, Jer/ey and Manure not bound by the ftatutes of England, unlels they are fpecially named. Yet whoever examines the ftatutes relating to Ireland, Guern/ey, y*rjiy and Ma-f w;ll have very liiile caufe to believe, that it has . been thought in England, that llatutc^ Aould generally bind the people of thole countries, notwlti ilanding ihe fubjec- tion of Inland, and the other ifland;). the many diftrefles of the former, and the weaktieU of the latter have afforded f)pporiunitie« of extending fuch a power over them. With rc- fppc\ to all ihefe places fcarce a ttatute can be found of any period, but for f e regulation of their trade. The fame obfervation may be made as to Ga/coigny, Guienne znd Calah, Juflice ffylde in 2 vent. 5, faid, ** he had feen a charter whereby thefe placts were recited to be united to England by mutual pa^. Aiid writs of error run thofe." ** Walts was a conquered country, and the people fubmitted to Eaiuard the fifft de alto et hjo,** , „ ■.,f ,:r f^i:??^^.:'' "^''' r^^'- Whatcirer ,, ^i,i#t» Iv'-r iV- TS-T«»»i v ^w*—"- •*»«•- m^^www^r^im / ({Mil fcribcsin thcfe worJis, " whofe enormous weight fprcads horror and deilradlion on ill inferior . ,, 0^2 movements.** Whatever pretence thcchitf j nlice's opinion was founded on, u has bv-ent.ic.u i i. , c.icd in many law bt)(> l>nilh fMncaiit, tha- fta.ntcs of TT/i^/aWcoulil ^1./ the people ot ///.wirf, in tnkirig away trials by jury,--- taxing thfiu, and ** in ailcti ts ivhui/ofvtr^^* or on y in pre- fci .i.ig 'hew iuboidination, as by rtguiatlng their tradc^ which was the caic icTened to in his coin>iient, docs not appear. Tne parliament in declaring the dependence of Inland, did not vL-d that queltion to the couiUe ot the queer, and it was held by }yray^ Ditr, and (ierrarde, attorne^' gerej' ', he could not, becaui'e he wa.-> a fubjcct of Ireland And not of England^ and if tiitd in England, he could not be tried by his peers." Dietj 360. Auerwards, to gratify the queen's refeutmcnt againit fome rehel>, they weie tried in England ; and thus pailion and c ^mplaifancc made ^ery good law agaioll reafon and juilice. Having mentioned Cal'via^s cafe, it may not be im- proper to oblerve, that it the author of ♦* the controverfy" had taken the trouble of reading it, he might have found hia perplexities removed on the quelHon that has given him fo much aikxieiy, and brought fuch aIo«d of reproaches on the colonies. He is provoked at cur infolcncc for pretending to be any thing moie than aliens in England, while we deny the power of parliament to bind us *' in all cafes whatever.'* In that cafe, the gentieman would have difcuvered, that the judges of England held, tha. a man born in Scotland, under tht allegianct of James the firlt, after his acceflion to the •^5;;' throne • Nor, to this day docs parliament tax them, &c. And thcre-< fore the inference is juft, tlut neither they nor the chief judice meant fuch a power. wmmmmm ^>\ : I?'- 1%'' ■ 11- (^ r 124 ] >» movements." The firft is a power fubjedl to a conllitutional check. Great Britain cannot m-r jure us by taking away our commerce without \,,j.ji^^hLjrting herkif immediately. The lafl is a pow- ^.Hi;i-j,er without check or limit. She might ruin us nil J j>y it. The injury thereby to herfclf might be hau . r^»/(?/^ as to be defpifed by her. ■■-^^^■vy^ hi: \n lii The power of regMlati;)n was the only band ♦■hat ;j t >// could have held us tosrether -, formed on one of thefe " original contrails/* — -which only can be -''' '-"a foundation of juft authority. Without fuch a band, our general commerce \yith foreign nati- qns, might have been injurious and deftrudive to her. Reafon and duty rejedl fuch a licence. This our duty refembles that of children to a pa- rent. The parent has a power over them : but they 1 ( i-v: I.''. ' r. ■' throne of En^land^ was entitled to al! the rights of a fubjeft born in England \ tho i(»h the objeftion, that (latutet pf England c.om\^ not bind ' cotland or a man rcfiding there, who held lane's i 1 England, was mcn'ioned in th ■ courfe of the argument. That great difficulty being got over, if the gentleman, will go a ."^ep farther, and perceive fome I'ttic diftinyUon bet\Veen colonies proceeding ouf of the loins of EngLmdy and the '• conquered** countries of Ireland and f-^ales, — the countries of Gafcoigny Guienne, and Calais. ** united hy mutual pa£i to England" and the jHands oi Gufrn/ty, Stc *♦ lying nvithin ihe four feas^ 'whoft (jf fovfregns annexed them to England :" and will oiil> allow the ; .^oloiiiils a little more rf'gard than is ^rofeji in l»w books for '".'^'thcje ciuntrits, ai d about as much as has been a^ually ohfirT 125 3 . :"-, .. . ., . . ,. ;• Jt%»r^ ■••)n''J* "■ - ■•I'C, >>?*■" t''^'!*-;, 7 have rights, what tl;? parent cannot take ' "jiway. llcuven grant that our mothc; country- may regard us as her children, that if by the dilpcnfation of Providence, the time fhall come, nwhcn her power incrcafes the memory of foriner kindneifes, may fupply its decays, and her colonies like dutiful children, may fcrve and guard their aged parent, for ever revering the arms that held tiiem in their infancy, and the breads that fupported their lives, vvliile they were littleones. .. ..., v i. .r •* . «■ ^^'/H? ^ , It feerns, as if the power of regulation might not inaptly be compared to the prerogative of making peace, war, treaties, or alliances, whereby *' the whole * VMtion are bounds against their, consen^t:" and yet the prerogative by no means implies a fupreme legijlature. The lan-r guage held in " the Commeniaries " on this point is very icniarkable. " ""Vith regard to FORLiGN CONCERNS the king is the delegate or reprcfentaiive of the people •, and in him, as in a center^ all the rays of his people are united || ; and the sovereign pow.iR qticad hoc is veiled in his perfon §j." Will any Englipnian fay thefc ex- preiTions are def :riptive of the king's authority, WITHIN THE REALM. " Is tllC SOVEREIGN POWER within /;?7^/ veiled in his perfon :" He is fliled " fo'vercigff indeed -, " his realm is, de- clared by many ads of parliament an Empire and his crown Imperial:' But do thefe fplendid appellations, the higheft known in Eitrope figni- \ly, that '^fovereign power in veiled in his perion within the realm ? " We have a full anfwer ii; 1 Blackl 252, 257' 11 ^^'- ^'^^-^ ^ ™*r^^^ Ws- i't'^Zi, ti'' If: K 5 ^?, i ft-vi. ,f-w^.( .umT -^v^:- the Commentaries. " The meaning of the legi- fl::tiire, when it ufes thefe terms of empire and imperial^ and applies them to the reahn and crown of England^ is c«/y to afTert, that our king is c(\\\2i\\y fo'vcreign and independent within thtle his dominions \ and ewes no kind of Juhjetiion to any potentate upon c^rch." I'hus wi- maintain, that with regard to foreign affairs, the parent original ilate, " is the delegate or reprejentative^^ of the entire dominions, " the f over eiga power QUOAD HOC is veiled " in her. Her acts under this power " irrevocably bind the whole nation." B'lt yet this power by no means im olies afupreme kgijlatnre. The exercife of this power hy jlatutes was abfoL.tcly necellary ; becaufe it was, and could only be lodged, as the laws of the parent ftate ftand in the fuprerie legiflature of that ftate, confifting of king, lords, and commons •, and ftatutes are the modes by which this united fentiments and refolutionsare expreil. It is uni- verfally acknowledged \vl Great -Britain^ hat it in fers no power of taxation in king and lords, that ineir limited authority is ufed in cloathing, gifts and grants of the commons with the forms of law — nor does it infer jupreme legiflature over us, that the limited authority of king, lords, and commons is ufed in cloathing regulations of trade with the form of law. The commons joining in the law, is not material. The difference is only in the mode of affent. Theirs is exprefs, ours is implied^ as the aflent of the " v.rhole nation," is, in the preceeding inftanccs. Thi WW iiiPIIWPPPiVWPIHfpi , L »27 J This power of regulation appears to us to have been pure in its principle, fimple in its operation, and falutary in its efTeds. But for fomc time pall we have obferved, with pain, that it hath been turned to other purpofes, th^n it was originally defigned for, and retaining its title, hath become an engine of intolerable op^ prcfiions and grievous taxations. The argu- ment of an eminent judge. Hates the point in a fimilar cale itrongly tor us, in thcic words. — " Though it be granted, that the king hath the cujlody ot the havens and ports of this ifland, be- ing the very gates of this kingdom, and is trujled with the keys of thefe gates \ yet the inference and argument thereupon made, I utterly deny. For in it there is mutatio hypcthefis^ and a tratiption from a thing dione nature to another \ as the pre- mijes are of 2i power only fiduciary^ and in point of tritji and government^ and the concluficn infers a right of intereji and gain. Admit the king has cuftodiam portuum, yet he hath but the cuficdyy which is a truji and not dominium tilile. tie hath power to open zxi^jhtit^ upon considera- tion OF PUBLIC GOOD TO THE PEOPLE AND STATE, bvU not to make gain and benefit by it : the one is r isOTECTioN, the^//??^r is expilation." Bycom- T ov; law the king may reitrain a fubjcct from going abroad, or enjoin him by his chancellor from proceeding at law : But to conclude^ that he may therefore take money^ not to reilrain or not to enjoin, is to sell government, trust, AND COMMON JUSTICE*. • Rights of the people, as to in:5poiitIons. -I ., r H E E N D. M 'Ml >^"wm^' m I' 1,' . 1 P R R R A T A; For " thec^iu' fum" in note of pa. *i.— ^rcad-k" tliefAme Aim." Fin " railing money" in fame note r. — •• raifing and expending tftont y." Dtle IP fame note tliefc words — " The fame reafoning holdi as to the application of money." Df'f ill pa 39 tlufc words — '• no EnghPo'y f" thcconftifutirtn lawvtr, pi*> x*'i* J« member, has pointed out > r. < ha* not exprrfsly pre 'fcly" ■ - — — and j ^ drawn." P'-if in fame jia. thcfe words — " General tern» have been ufed. !>< It in n<>tc oFpa. 47 — this word— ^" hfcauft." Ill note oF pa. 51 — after 7 Geo. 3 ih. 41. — r. 7 Geo. j ch. 4*. In note of pa. fit. after the word " Govcrnmem;" — r., •' confifts" In note of pa. 84 for "pa. lai" — r.— p. no. A P 1^ K N D -1 X. AtJditipn to N')te II in pa. ^t. -^ ' rr^J^F- ftatuteifincc the 8th year of this reign relalinj? to the colo^ ;a;** nics, fallow one ahothtr much in thf fame qiiick m.inucr ai btfore: but they could not be cv)llcd;( d. Many of the ftatutes lure nicntionff! particularly tho^- 'elating to the admiralty courts a'ld the comm iriiiners of the curt , «:- connedli-d with a multi- tude of other ft:Uutes, bv btin(» €• A with which; the arti- ficcN will appear, thiC gradn il y dtpa» g fiom the l.iws of Eng' land, have at Icngili invcft"d thffif cnuit* and commiffimers with fuch new, unrctfonabte, unconftitutinnal and dangerous powers. Addicional Note to pa. 80. THK who'e country of 'he feven UaUed Pro- hces is not as large as nnehalfof Ptu,.fylva>ita; and uhcn they be an their contef! with Phti'tp the fecund for their liberty ci>ntaincd abfut as m«nv inha- bitants as are now in thi- province of Mj/f.irh'tfetts-Bar. Philip's em- pire then comprehandt'd in Europe, all >pn'ui and Portugal, the two Siciiits, and Inch provinces of the Loiv Countries a» adhered to Iiim, . — nray iflards (tf imp >!tar.cc in ;he Mediterranean — the Milantfe and many other v^ry valuable teiritoties in //a/v and elfewhcre.— *• In Afi'ica iiul Afta^ all the dominions belonging to ^'^jjiu, and Porta- gol — in /imeiica xhc\mTii bhgtd that great general and glorious king Henry the fourch. to raife ar one time the (iege of Paris and at another, that' of Roan. So confiderable was the naval power of Philip, that in the rriclrtofthe fimewats, he fi fed out his dreadful armada to invade F-ngland." Yet fcvcn little provinces, or counties, as we iLould call thcni, infpired by one generous refolution — " to die free, rather , than to live Haves," not only bafllcd, but broii'ght down into .^h«i, doft, that enormous- power, that had contended for univerfa! em-' phe, and for half a ctniurv, was the terror of the world. Such afi , amazing change indctd took pUce, that tHofc provinces afterwaidfr a^ualiy protectsd Spein agalnft the power of Frjuct. ■ ' f 8fl' n 8. x. Ji' .' ni » 11 1 il m I f"l^ t D i J .i a ;. "rt e;* -. h fli /■ ? it*, iji • 0i > li 1 5.,!-: : i ' n n h J (I m