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(Price One Shilling.) ■•dl ft' > w ,i|> II I 'rmmm^ rKmm^miim n iffe AN ADDRESS T O The Right Honourable L-d M— sf-d; M V Lord, THE Time is comf, when the Eyes, and the Ears, of the Britifh Nation, arc all opened to fee, and" to hear, what is doing;, and what is to be done, on the great political Theatre of this Kingdom, Your Lordfhip therefore, as one of the Ma- nagers, will not be ftartled at being thus addrefi'ed, with the Sound of a Catcal, by one obfcured among his Fellow-Gods in the upper Regions of the Houfe. You know, my Lord, that this is, inter alia, the Birthright of an Englifhman : to which however, be it faid, that I do not here lay claim, but with a View to fave, and not to damn. The Tra- gedy, that has been long ading, is now drawing near to a Conclufion, The Plot A 2 thickens, --isti >>.^., T ( 4 ) tliickens, the iinlmppy Cataftiophe is at II.iik!. The Cries of the People already (hew that their Feclin«»s are touched, their Arta^ions moved, their Pnffions wrought upon in fo much, my Lord, that what is to come, I fear, will prefs too hard upon their animal Spirits. The bloody Scenes as yet remain imreprc- fcnted to the Sight ! Thefe, thefe, my Lord, will fliock Humanity, perhaps more than Humanity can bear. Diftreis, carried beyond a certain Pitch, turns into Rugc and Madnefs; and Rage and Madnefs know not what is palt, what is prefent, or what is to come. Think a little then, my Lord, during the lail Interlude, on the Temper and Difpolition of the Audience. Obferve, ^/'ui valeant humeri, quid ferre recufent. It is not too late to give a Turn to this Drama, that may convert Catcals into Plaudits, Tears into Smiles. One of our greateft Playwrights, and beft Judges of the human Heart {a\ has proved, that the deepeft Tragedy may fyftematically be made to have a happy Ending {b). Of this Allufion, my Lord, there needs no Application. Ferbitm fat Saplenti. In your Lordlhip*s Hands the Taik is already done. But, my Lord, w'ithout Allegory, and in plain limple Language, placed as your Lord- Jhip is, at the Head of Britifh Jurifprudence, I cannot help looking up to your Lordfhip, upon the prefent Principles of the Conftitution, as (i) Cf! geve. • (J>) Mourning Bride, ^ V\lV /.vi" '■^' -ac I I /l^? ( 5 ) as the natural Guardian, if a civil Inftituticn can bt' fo termed, of Britifh I/iberty; how- ever Experience might have (hewn that this Subject and this Predicate have not always been univcrfally or morally true. This Country has had its Jeffcries, and others, in the fame dignified Situation with your Lordihip: but who, following the Example of the Devil in Milton, " perverted nil things or to their meanert Ij(q or worft Abufe." If therefore to Characters fuch as thefe are, your Lord(hip*s fhould be the very oppofite Contrary, what Happinefs is it for this Community, what Heart-feeling Satisficlion to }ourfelf! Your Lordfhip's Ihould be, did 1 fay ? Your Lordlhip's is the very oppofite Contrary ; of which, were I not anticipated in the Subjedl, the Parallel that I could draw would furnifli the moft ample Conviftion : but to fay what every body knows, and to fet about to prove that, which is not denied, is a Species of Tautology as inadmilfible in Ideas as in Word*?, l^elides, indeed, the Inftances are fo numerous, that they would extend a Perfor- mance of this kind fir beyond its Bounds of Limitation, However, my Lord, I cannot, in Juftice either to your Lordfhip or myfelf, pafs by a Precedent or two, which, whilft their Re- cency leaves their Impreffion on my Mind, their Circumftances are fo many Proofs in Point of the Pofition that I have here advanced. What bM» »iC '^- ^:' 0- s,.- ( 6 ) Wliat T allude to, mv Lord, is In Part the Ciifc of Campbt;!! againft Hall ; or rather your Lordfliip's late Dcttrmination upon that Cafe. The ftnte of the Cafe, I think, is fhortly this: Alexander C^imphell, Planter, of thelfland of Granada in the Weft-Indies, brings his Adion in the Court of King's Bench here, a'jainft William Hall, Colledor of the faid Jfland (both Parties being at the Time in England) tor fo much Momy had and received to his, the PlaintilPs, life : for that the Defendant^ as Colle6lor of the Cuftoms in the faid Ifljind, had received the faid Money as a Tax from him the PlaintilT, without lawful Authority for io doing. 'I'his is the Plaintflf's general Caufe of Action againft the Defendant, founded on the following particubr Facts. The Ifland of Granada, by Force of Arms, capitulated to the Crown of Great Britain : Sometime after, that is to fay, on the loth of February 1763, the Ifland is ceded to the Crown of Great Britain by Treaty of Peace : On the 7th of Odober 1 763, a Proclamation under the Great Seal eftabliflics a Legiflature therein, m like manner with the other Colonies of Great Britain. On the 3d of April 1764, a Commillion is given to Mr. Melville, as Governor thereof, to carry the Terms of the Proclamation, of the 7th of Odober 17625, into Execution. On the 20ih of July 1764, a Proclamation ifliies, li^ying a Tax of 4^ per Ce7it upon the Export of all Goods from the liiid Ifland. Under thefe Circumftances the Defendant m fV(^ ( 7 ) Dcfenflnnt receives the Tax of tlic4i perCt, from tlie Plaintiff: Under thcl'e Cireunirtances the PlaintifT contends, that the Defendant was not warranted by Law fo to do. Your Lord- fhip gives Judgment for the Plaintiff. Now, my Lord, In comparing this Cafe with the well known Cafe of Ship-Money, it has not been in my Power to find out any eflential Difference or Diftinclion bttweeu them ; and yet your Lordfhip knows, that Mr. Noy, the then Attorney General was wife and wicked enough to frame a Writ on purpofe for Charles the Firtt to proceed upon, which Sir John Finch, with all the other Judges (except Judge Hutton, and Judge Crooke*s Wife who flopped her Hufhand's Mouth, being a better Judge than he was) (c) legalized, by pronouncing Judgment for the Defem^int ; whereas, in the fimilar Inftance now before us, your Lordihip has given Judg- ment for the Plaintiff. What better Evidence can be had, what greater Proof defired, of the Goodnefs both of your Lordlhip's Head and Heart ! In the former Cafe, the Judges, in the Reign of Charles the Firfl, determined againft the Subjeft, illegally, for the Crown : in the latter, your Lordihip in the Reign of Georgethe Third, has determined for the Subject legally againft the Crown. How ftriking is the Contraft ! And yet there are not wanting fome,who, feeingyour Lordlhip's Merit through the (f) V. Rap. Hift. V. 2. p. 296. Note, 2. i' t k 4{ if i I ( 8 ) the hazy Atmofphcrc of Envy, would dctrad tlitrtfrom, bv clogging your Lord- fliip's Judgment with the Krrors of falfe Glof- fcs and unfonnd Reafoning. I was led to this RctiKuk from feeing the Publication of your L(5rdfhip's Speech, which was liiid to be genuine, by a Barrifter : But as 1 have great Reipe^it for the Profcllion of th'S Pub! i (her, jind as he admits that what he has publiflied was taken in Short-hand, I am ready to be- lieve that his Mifreprefentations were the Ef- fedl of Mirtake ; feeing, as every body knows, how difficult a Matter it is to be accurate in the Ufe of Short-hand. The Infertion or Omiifion of a fmgle Particle either of Affirma- tion or Negation, which ought not to be in- ferted or omitted, mufl, and will, give a Mean- ing the very Reverfe of what was intended. Upon this candid Giound therefore, with Re- fpe£l to the Writer, as well as in Defence of the Speaker of the Speech ; I fliall attempt a (hort Criticifm or two upon fuch Parts of it as appear to me to be exceptionable. In Page the Ninth, it is faid : ** that al- though the King had fufficient Authority, be- fore the ^thofOdober, 1762, to do fuch a legiflative Aft ; yet by the Proclamation of the 20th of July, 1764, he divefted himfelf of that Authority." Now, my Lord, your Lordihip fees how contrary this is to the Truth, and how impoffible it is that your Lordffiip could have faid this. If the Sen- tence J ^ 7^ ( ) fence means any thlns^, it muft mean that he had diverted himfelf of that Authority by the Proclamation of the 7th of Oftober, i 76^, nnd not by the Prochur.iition of the 20th of July, 1764.: but I mention this only in Support of my Obfcrvation, namely, how eafy a Thing it is for a Writer in Short-hand to confuft and confound Things togctlier. My next Remark is a general one; and which is this: Your J.ordfliip is mwJe to fay, that before the 7th of 0£lober 1 763, the King might have exercifcd legiflative Autho- rity over the I (land of Granada, but that after the 7th of (^clober i 763, the King had by the Letters Patents of this Dutf, precluded himf.lf from the Exercife of this Right. Now In examining the Truth of thefe obiter dldia, it is necei'iary to obf.rve, that there is a very material DiHerence between the Conqueft of a Country without Capituhition, and the Conqueft of a Country by Capitulation. In the firft Cafe, the Conquered arc left wholly at the Mercy of the Conqueror : he might put them to the Sword, or, in the ftcad of this, Jmpofe upon them whatever Conditions his Want of Humanity might di6late.* The Conquered muft fubmit. In the fecond Caie, * This U faid upon the general Idefl of Civilians, with ra- fpeAto Conquerors, without entering into any Diftinflions between the Crown of England and the King of England. If this had been done, fo much, perhaps, had not been admitted. B the ^■p wmmm mm m ' \ \ i': ft; ( 10 ) the Conquefl Is gained by Compn<^. or. In other Word>, hy Articles of ('apitulatlon ; which, whatever they arc, miift be lacredly and inviolably ohfcr\ cd. The Conqueft then of Granada was obtained by Articles of Capi- tulation : One of wh'ch was, that " Granada Ihall continue to be governed by their prcfent Laws, until hi^ Maieiiy's I'leafiire be known:'* another that "The Inhabitants hcwQ- Sub'irSis of Great Britain will enjoy their Properties, and the fcune Prhilegrs^ a=^- any other of his Majefty's Leeward Ulands." Thefe Terms being agreed to, there could be no Infratlion of them: from the Inllant they were con- cluded, the Hands of his Majeliy were tied up : his Right over Granada was limited and defined. The Inhabitants of Granada were to be governed by their prefent Laws, till his Majefty's Pleafure be known ; and then, as Subjects of Great Britain, they were to enjoy their Properties, and the fame Privileges as any other of his Majefty's Leeward liland?. Now Letters Patents, or a Proclamation under the Great Seal of Great Britain, laying a nezv Tax uron them, could not be Part of their prefent Laws ; and therefore whilft they remained to be governed by their prefent Laws, fiich Proclamation, ccnftftentlv with the Ar- tides of Capitulation, could not be enforced. When they ceafed to be governed by their prefent Laws, that is, when the King's Plea- fure be known, what then ? As SubjeSis of Great Britain^ they were to enjoy their Pro- perties and the fame Privileges as any other of •^^^mm ^ ( I I ) or, in Illation ; lacredly eft then nf Cnpi- }rannda ■ prefent nown :'* Sif.Iji-'Sfs opertie?, r of his ; Terms nfnjdion ere con- vere tied lited and ida were , till his then, as to enjoy ilegcs as 1 Hlandp. :lamation n, laying e Part of bilft they nt Laws, the Ar- enforced. by their g's Plca- ubjeSls of [leir Pro- ny other of .'■2; i 1 4> M of his MajcTiy's I cevvard Iflands. One of the Privileges then of the Subje6\s of Great Britiiiii in his Miijcfly's Leeward Iflands is, to be taxed by Reprefcntatives in Airemblics tlicre of their own choofing; and not by the King's Proclnmiitign, which they confider only as an Enforcement of, or Aid to, the Law, and never as the Law itfclf. Any Proclamation therefore, which was contrary to the Privileges nf Britilh Subjecls in his Majefty's Leeward Iflands, was contrary to the Articles of Capi- tulation, and confequently alfo could not of Right be carried into Execution. It follows then, that the Proclamation of the 20th of July T774, laying a Tax of j^\ per Cent on the Inhabitants of Granada, could at no Time (if the King's Servants had not been guilty of the Inattention with which they are charged) have been valid, after the Articles of Capi- tulation were entered into ; whatever it might have been if Granada had been concjuered without CaDitulation, and whilft the Inha- bitants remained under military Government or martial Law. Tliereforc the DiiVmdion of a Right of legiflative Authority in the King over the Ifland of Granada, antecedently to the Proclamation of the 7th of October 1 763, and the being precluded from that Right by the Proclamation of the 7th of Odober 1763, as it muft necefl'arily have arifen from fome Mifapprehenfion of your Lordfliip's Meaning, fo muft it eviden*^^ v fall to the Ground ; leaving your Lordfhip's true Opinion con- clufively to be, that by the jirtides of B z CapitU' , I' i\ I.- ', « ■■ h jS5 ( li ) Capitulation, the King had not, nor could not have had, from and after their Date, any Right whatsoever, by Proclamation, or otherwife, to exercife leglflative Aithority, of any fort^ over the Inhabitants of the I/land of Granada, This is the Light which fpreads that Luftre over your I.ordihip's Judgment, reflexive of fo much Glory on yourfeif. I fliall now beg Leave, my Lord, to cite one other Precedent, with the fame View, to the fame End, and for the fame Reafon, that I have done the former; namely, to do Juftice to a Charafter fo much the Objedt of Juftice. The Cafe is that of James Somerfet a Negro, againft John Knowles and others ; and which in Point of Fa6t is merely this : Charles Steuart purchafes the plaintiff Negro James Somerfet, in the Colony of Virginia, and brings him over with him to England. For Reafons ftated in the Proceedings, the faid Steuart delivers the faid Negro in Charge to the Defendant John Knowles, a Captain of a Veffel, with a View to his being carried back to Virginia, in order to be there refold. The Plaintiif, in Confequence of this, fues for, and obtains, a Writ of Habeas Corpus from your Lordfliip, and upon a Return being made thereto, and after a full and folemii arguing of the Cafe, your Lordfhip difcharged the Plaintiff', thereby giving him that deareft of all Blelfings, Liberty, with which he had never been bleffed before. . - Now 'm e SVa r,l rv ■M I9IMMMHIP mid not e, any herwlfe, ty fort, anada. Luftre ftive of to cite lew, to 3n, that to do Objedl iomerfet others ; \y this : : Negro '^irginia, -ngland. the fald barge to ain of a led back refold, ues for, LIS from ti being foIeiiMi 'charged : deareft he had Now i ( '3 ) Now however conformable fuch a Deter- mination as this was to the Principles of a People, where Lilierty is the mighty Colofliis that carries the great conftitiitional Globe on his back ; yet many were the Malecontents that appeared againft it. Their Objeftions were, that Great Britain was the Source, and Fountnin, from whence the Trade of all its Siibje(fts flowed : That whatever Trade had this Derivation was law- ful, and wb/itever had not Wiis unlawful : that the African Trade, or the buying and felling of Nen;roes, was a Trade eltabliflied by feveral Charters, and confirmed by repeated Ads of Parliament : that however unconfo- rant this was to Reafon and Humanitv, until Renfon and Humanity {hould alter the Law, the Exercife of this Trade was nn- Cjuettionablt' : that if it was right to prohibit the Importation of Negroes to Great Britain, there lliould be a Law made declaratory of this : but there was no fuch Law ; on the contrary the Trade was, by Law, open and general, confined neither to Place nor Perfon: that Mr. Steuart therefore could not lofe the Right he had legally acquired in his Negro Somerfet, Ly bringing him to the Place where that Right: ijad originated: that as a Matter of lawtul Trade he had an abfolute and unlimited Property in him; fo unlimited (and Shame be it to the Lawgivers that it be lb) that as a witty Counfel faid upon the Occafion, .fSke-i'- mum mpi I '■ i'. %. If •, 3-. * I. # 'ft ■ 4 ( 14 ) he might kill him, roaft him, eat him, with- out being accountable to any One but to God and himfelf ; to God for his Want of Humani^ ty, to himfelf for his Want of Tafte : that ha- ving fucii Property, Mr. Steuart could not be difl'eized thereof, otherwife than by verdict of a Jury : that he had been difleized thereof by the Sentence of a Judge ; who being himfelf averfe to the Mode of Trial by Juries, had eftablilhed this Precedent, to (hew that a Judge might difpofe of Property without their Intervention. Thefe, my Lord, were the Law Arguments which mere Lawyers w^ere wont to ufe : but, O noble Enthufiafm ! O immor- tal Honour to your Lordfliip ! your Lord(hip*s Love of Liberty was paramount to the Law. Steuart loft his Property, but Sommerfet gain- ed his Freedom ! To fay more, my Lord, on this Subject, would be to take from and not to add to the Merit of fo memorable a Record. Thus fupported, my Lord, by your Lord- fliip's well-known Character, and upheld by Facts that need no Evidence but their own, in the full Idea of your Lordfliip's confummate Attention to, and perfeft Veneration for, the Liberty of the Subje»51: ; I come now to lay be- fore your Lordfhip, as the great and firft Pa- triot of the Kingdom, the few following v-^U- meaning, if miftaken. Thoughts, on the Mea- fures of Government, with refpect to America : in a Manner unnoticed before, and with a View to your Lordlhip's Interpofition therein. Rerwn :| '■■»: ( '5 ) Re rum cognofcere Caufas was, my Lord, a Leffcm that I iearntd, whilft a Schoolboy, of my Malicr Vin^il ; and which, finding its \](q, 1 have evcT fince remembered, and carried about with nic, as a Rule to apply indilcrimi- nntely to all Subjects. It is with this Rule that I have meafured the Meafures of (70vern- ment with refpe*^^ to America. To iudge of K(Te(3:8, without knowing their final Caufcs, is the fure way of deceiving others as well as one's fclf ; and in no Inlbnces fo afiiuvdlv as in thofe of political concern. The Reafon gi- ven, and the true Riafon, is, like the modern of- tenfible Minilier, and the Minlller, never one and the fime. 1 have therefore endeavoured to trace thefe Meafures up to their firtt Principles, not only as the moft certain Method of arri- ving at Truth, but as the only Means of ad- miniftering to their Cure. Any other Appli- cations are but like the Charms of Quacks for the Tooth- Ach : they may eafe the Pain, but can never cure the Difeafe. The only ra- dical Cure, fays Doctor Laft, is to draw the Tooth. Even fo it is with thefe Principles, which, unlefs torn from their Roots, will fo weaken and deftroy the Nerves and Sinews of the Conftitution, as at length to put an End to its Exiftence. By this analytical Method then of Procee- ding, my Lord, your Lordfhip will find that every thing that has been already faid on this Subject is here put quite out of the Queftion. Right ■ i t i I ( t6 ) Right of Taxation, virtual Reprcfentation, Supremacy of Parliament, the legiflative Au- thority of Great-Britain, are all, as the French term it^ kors ^t/aPage ; and which I regard on- ly, as fo many Tubs thrown out to amufc the Whales, whilft the Harponeers are preparing the Tackle neceflarv for their Dcftruftion. But here, my Lord, I cannot help, by the bye, expreffing my Admiration at the great Wafte of Learning and Abllitlts that I have feen in the Dlfculfion of thefe Points. One can fcarcely conceive how Queftions fo fliort and iimple, could have given Rife to Argu- ments fo long and complex. To fay, that it isneceflary for Great- Britain to tax Ameri- ca, and therefore Great- Britain will do fo, by Appeal to the Sword ; is found Logic : but to appeal to any other Argument than this, is the greatefl Offence that ever was offered to Com- mon Senfe. Can any one in his Senfes, fuppofethat when the Supremacy of Parliament was eliablilhed in this Country, Hffat it was meant to run wild over all the terreftrial Globe, taking in now at •one Stroke one quarter part thereof? That five hundred and fifty-eight Men in a little ti- ny Spot, in one Corner of Europe, fhould at this Time have the lives. Liberties, and Pro- perties of ihree Millions of People, and in all human Probability, in the Courfe of one Cen- tury more, the Lives, Liberties, and Proper- ties ^ I ntation, v'e Au- French ;ard on- lufe the eparing on. I by the great have One fo fliort Argu- y, that Ameri- ► fo, by but to s, is the 3 Com- It when ibliflied in wild now at That ittle tir ould at id Pro- in all e Cen- ?ropcr- ties ( ■; ) ties of fifty Millions more, at the Difiance of three thoufand Ml es from them, exclufively at their Difpofil ? ^s ) Governmc'iU i^ tlt'diiced.. TbeCioolor F.vil f-o Socitty, therefore, within this Point of View, is in n proportionate Ratio to the Conformity of this Plan w ith the ri^i^ht or wronjr Application of thife Principle^: ; and more efpcciaUy fo in the Englilh Con(lit'.nio!5, where the Princi- ples are all right, and can only be m?.de wronn; by Perverfion. Subfcrvicnt then to this Plan are the Mcafurcs of Government, which are no more than the Means made V'fc of, in order to the ICnd propofcd. This being premifed, it would not ha\ c been impertinent here to have flicwn what the Principles of the Englifh Conftitution are, what ought tobeihfcir Applicption, and what the Plan of Govern !"nent neceiiarily refiilting tbtrefrom: but as all Speculations, efpeciilly of this Sort, are bcrt confirmed by Experi- ments, 1 lliall lenve both the one and the other, in truft, to the Abilities and Integrity of your Lcrddiip. It remains then that I dilcovcr, not what the Plan of Government (liould be, but what it is ; thereby furnifh- ing a Key which may ferve to open many other Locks, bcfides thofe under which the Mcafures of Government with refpedl: to America arc concealed. There is, my Lord, a Principle in the Eng- lifh Conftitution to which the Name of Pre- rogative was given, excellent in Idea, excel- lent in Fadl ; but on which were ingrafted Plants that yielded Fruit, very different from thofe ^^> i rst ( '9 ) thofe which th.c oripinal Stock was intended to bear. InOcad of its hcinj'' applied to the Itu- neficent VLs of the Crown for which it was defigncd, it was made to fcrvc the contrary Pi.rp(ifc's of it. It was held up as a Being armed with Tower to annul the I^aw. It was clonthid hv thofc Proftitiitcs of Keli^^ion and Whores of Kahvlon, the Prielh of old, in Rohes of Divinity ; as the Maid of Lorettr, to whom Ignorance and Supcrftition ft ill bend the Knee, now is in the iMammon of Un- rig hteoiifnefs. Bnt, my Lord, as by the Reformation we of this Country were taught that the Popes of Rome were not, in uninterrupted Succeffion from Peter the Apoftle, the Key-Keepers of Heaven, to let us in or (hut us out as they pleafed ; fo by the Revolution we learned lomewhat of the fame Dodrine concerning our Kings. We found that they were not the indefeafiblc Key-Keepers of our Gouftitu- tion : that they were not any longer to be confidered as the Lord's anointed, many of them having been the Devil's anointed : that all thofe Claims Je Jure divlno, ^c, were the mere Infignificancies of metaphyfical Jargon : that Prerogative was not Abfolute Power : with many other Difcoveries, in the Caufe of Humrnity, which fo diftinguilhes this Era in the Annals of Englifh Hiftory. C 2 To ( 20 ) 'V To have had this Knowledge then, and not to have profited thereby, would have been iinfuitable to tb.e Charafter of Englifhmcn, who aw.iit the Aflurance of Right only to pradtife it. PnTogativc therefore, among other Grievances, was called to the Bar of Common Scnfc : it was arraigned for the many Violences and Bloodflitd it had com- mitted and occafioned : it was ftript of its aflbmed Authority : it was brought back to its pure original Intention : it was made to mean, not a Right to do Wrong, but a Right to prevent Wrong: and, in fliort, being thus armed with Power to do Good, it was for ever after rendered incapable of doing Harm. This was amonn: the Works of the wife and glorious Revolution, and which one would have thought had fo intrenched the Liberties of the Subjed, as to have rendered them fccure againft every Attack. But, my Lord, as this Limitation of the King's Prerogative " by Bounds (to ufe the Words of the once great Commentator of the Law) fo certain and notorious, that it is impoffible he fhould ever exceed them, with- out the Confent of the People", (d) ren- dered it, from henceforth, an ufclefs Weapon in the Hands of wicked and arbitrary Minifters j and as the Luft of Power is wont to en- creafe in Proportion to the Reftraints that are i (»/) Vid. JBlackftouc's Cora. Vol. I. pag. z^-j. ' --Si .•,'3; ( 21 ) md not been fhmcn, )nly to among Bar of or the I com- of its back to lade to I Right ig thus vas for Harm. le wife ch one led the endered of the life the ator of hat it is , with- /) ren- ;apon in nifters j to en- its that are r. are laid upon it : fo did it become necefTary, for the Purpofcs of thcfe Abandotrifis, to call in fonie other Principle to their AiHihince: which, although (lower in Operation, was more morally fure in Event. The Principle T m^an, my Lord, nnd as applied, being the hirjufi of high "[ realon to thcConftitutiun, is :\^ yc xvithr.i;! nn ndtqiintc Term in our Language to exi:rci: it; :tnd therefore being incapable of D(Tmiti(^)i, can be only known by Defcription r.i'.d worfiil Ex- perience, The Principle is, my Lord, fo govern ifefpoficul/v through Piirliamcrf iit the IVill of the Mh/'ijlcr: to L't Tyrarry 'ivcar the Face mid have the Sanction of Laiv for its Perpetration : to turn the Ca^inon of the People, their Rcprefcntatives, j^"j?'^ thcmfches. This, my Lord, Is that Rod of Iron which our ilavilh Backs are about to ftel : This, that Terror to the Conftitution long feen and dreaded, but referved for modern limes to execute : this, that made t'ne foreknowing Cecil to fay " that England can never be undone but by a Parliament " : this, that induced the infpircd Montefquieu to affirm, ** that when the le;ritlative and executive Powers are united in the fame Perfon, or in the fame Body of Magiftratcs, there can be no Liberty : bccaufe Apprehenfions may arife, left tliC fame Monarch or Senate Ihould enaft tyrannical Laws, to execute them in a ty- ^'1 •.f- A ( « ) a tvrannlcnl Mniiner : thnt If ihe Irglfl.itlve Ir.itly was unce corrupted, the Evil would Ihj paft all Remedy: that as all human things Irive an Knd, the State we are fpcnking of (r) w ill lolc its Liberty, ivill pcriHi. Have not Rome, Sparta, and Carthage perlfhed ? It will pLTifh wl'.en the legillative Power ihall l>e more corrupt than the executive": 1 his, from whofe Source the Mcafures of Govern- ment with rtipcct to America flow, in a Chan!iel now fo deep and open, and with a Ciale ft) profperous, that it needs not the Knowledge of a Pilot to difcover the Navi- gation : This, in fine, my Lord, that dire^s iny feeble Pen to invoke your Lordfhip to the Aid of this excellent Conftitution now about to be held up as the Vidim of itlelf. I have faid, my Lord, that this Abufe of Parliament, to ufe the moft comprehenfive Term 1 can, was a Terrc; to the Conftitution long fccn and dreadcJ. But, my Lord, when Means are infufficient to the End, the End can- not be attained. The Principle was known, the Syftem was formed : but without Materials the moft fkilful Workman cannot finifli his Work. Tis true, that whatever could be done, Knaves have helped Knaves to do. Sir Robert Walpole (hewed the wretched Lengths to which feli-intereft would go ; expofed the Frailty (r) England: vid. Vol. i. B.XI.c. VI. Spirit of Lawi. K'glfl.itivc il would lan things ingc)f(0 I. Have perifhfd ? ">vver ihnll ": This f Go\ ern- )w, in a and with s not the :he Navi- hat di reels )rdfhip to ition now of itielf. Abufe of prehcnfive )nrtitinion ord, when End can- s known, : Materials finifli his could be do. Sir d Lengths Kpofed the Frailty ( ^3 ) Frailtvnnd W'cnVn^fs cf humnn Nr.tiire; , ro ved the l-'r.\'^icnhiriry of ihc IM.in, and l.ii-i . hroad Foinul.ition fT others to build upon: but more ihui this the- State of Tiints would -v^^-**' notb.nr. Oppoiite PartiL-s diftracl.d Vic'.vs, the precaiious Tcmirc of the Crown, were Oblhicle-, in a r^n at meafurc. tiifRcit.;it to coun- teract the Weight of ti)e public f^ibt, tne b"n- crcifj ofTaX-'s the Addition of T;t\-j;.ithi.rtrs the Ci-'prcliion of a Standin'i: Arinv, with all the otlitT acquired Influctx'e c{ the L'ro'.vn. The 'i iin • ni lenTth came, my Lord, when oppollre Parties. ciitra:U'd Vi^rws, the preca- rious 'iV'iuire of ih.c Crown were no mf;re. The 'lime is coir.e, my Lord, when to the encrnous W'ci^h: of Po^ver ahwidy in the exe- cutive Scale of (rovernmcnt, U to bj added. What r Not a (];;ruilh Borouiih or two, not the LordHiip of a M:inor, but of a Continent lenfcld bi^g'jr t!\in all Europe, of /America! Here, my Lord, it is but right to paufe, to think a little on Conft-qnences. Is the Interell of the State, mv Lord, con- cerned in the Kxe>-i:;icm of this Plan f Are the Liberties of th.is Country (not to mention the Liberties of America, for of them even in this Land (jf Libertv it is Treafon to fpeak) I fay my Lord, are the Liberties of this Country to be better defended, and more protected, by the ^Licccfi of this miniuerial Projed : Where is the t of Lawi* ( ' ( =4 ) the Machlavel himfelf, mv Lord, that will pre- fume to broach, and on the Ground of itciifon maiiUahithh Doftrine? If the Right of Taxa- tion is contended for, merely as a Right for Speculation, what Argument can fupnort fuch a i-'ropoiition ? If for Practice, what follows ? Will Legions of additional Tax-gatherers, will the Revenue of increafed Millions depofi- ted in the royal Coffers, will the ftanding Ar- my neceilary to be kept up in America (if it bebut to fupprefs the Pra<^iice of tarring and fer.therinpf) create Independence, or add Safety to Liberty? No my Lord: the Impreffion here is f ilfe ; reverie the Medal, and there you will fmd the Truth. ^1 IT VI Can your Lordfliip ihen, can this Country doubt, for a fingle Inftrjnt, of the Part that ought to be taken ? Stiange furely is that C"nteft, where Victory muft end in Ruin. Were all the Britifh Colonies in America, my Lord, at this Time difpofed to obey the minlfterial Call, and to furrender their natural as well as chartered Rights to Par- liament, (as the Danes did their Liberties to Frederick the Third of Denmark, though not for the fame good Reafon, that the Tyranny of One is more to be endured than the Tyranny of a few) and to come under the Yoke, that is bendin^; for them; the true Interett of this Country, the un- checked Spirit of the Conflitution, would break ■f:- 'B ■I will prc- iicjifon f Taxa- light fop lort fiich bllovvs ? athercrs, IS depoii- ing Ar- ica (if it rin^ and id Safety npre/fion there you Country Part that J is that in Ruin. America, to obey der their 1 to Par* berties to , though that the endured to come or them; the un- I, would break ( ij ) break out into this Apoftrophe, " Forbear! forbear ! Thefe Minifters know not how much more the Half is than the Whole.'* And now, my Lord, let i:ot thefe Sug- geftions be regirded as the mere Dreams of a Politician, or the Delufions of Fancy. They are the Eflfeds of Obfervation founded on Experience, the beft and moft ufeful Knowledge. Look back yourfelf, my Lord, for fourteen Years paft ; look forward for as many to come only ; and then judge whe- ther my Remarks are confirmed by Fa<5ls, and my Conclufions drawn from Reafon, or not. The more I feek for Proofs, the more I find myfelf furrounded by them ; and which, would my Leifure admit of it, I could produce fo linked and chained together, that no Oppofition would be able to unloofe them. In fuch a Refearch, however, my Lord, it has been neceflhry for me, in order to throw Light on Enquiry, to examine and compare difierent Times, both ancient and modern, together. In doing which, my Lord, I have read, that when the good old King Charles the Seventh of France died, and Louis came to the Throne, his firft Work was to clear the Court from all who ferved his Father, and pack off all the Princes of the Blood and ancient Nobility, and to crer.te a new Set of Nobles for his Pur- pofe. Your Lordfliip beft knows whether any Comments can be made upon this Text. But, my Lord, I will come more immediate- - D I7 ff ^;' . . ( ^6 ) ly home, and to the Point, and fay, that the Inftance whereupon my Judgment of the pre- fent Times was principally formed, was this ; and which I the rather mention too, becaufe it left an Imprelfion on me fo very different from that on others. The Inftance is the Ad of Parliament of the ift of G. 3. ch. 23. for rendering the Judges more independent of the Crown. Never was minifterial Bait for Po- pularity better thrown out, never more gree- dily fwallowed ; but, my Lord, as I happened not to be caught by it myfelf, I will apply here what was faid upon anotherOccafion : "If it hath but the Name and Refemblancc, the People look no farther ; they fee not into the Trick and Secrets of it ; they are led by the Appearance fo long, till they arc paft Reco- very, and no Way is left them for a Retreat." There have been Times, my Lord, when this Aft would have been moft feafonable and gra- cious indeed. If it had pafled in the Beginning of the Reign of Charles the Firft, Charles the Firft had never loft his Head. When Prero- gative was oppofed to Law, corrupt Judges were the neceliary Tools of Government. To mifconftrue, mifapply, and pervert the Laws, were their joint and feveral Employments. They became therefore the immediate Channels of Corruption. But now, my Lord, that Corruption has taken a higher Courfe, " that the ftern Commands of Prerogative (to ufe Words of great Authority) have yielded to the milder t;:**,:^;^^"- : ^ ^^ •3- jat the e pre- this ; ecaufe ffercnt eAa for of the Po- e gree- ppened apply n : "If cc, the nto the by the t Reco- etreat." hen this ind gra- ginning irles the Prero- Judges It. To I Laws, r'ments. bannels i, that " that (to ufe 1 to the milder ( 27 ) milder Voice of Influence,'* (J) that Preroga- tive itfelf is fwallowed up in the Law; to what End was this clamoured Independence of the Judges ? With them there was left no Temptation for Corruption ; to Government no Neceffity for it. Thefc were my Ideas, my Lord, upon this Event when it happened; and fince 1 have had no Occafion to alter my Opinion: but on the contrary to be more confirmed in it. I have feen A(Sls of Parlia- ment, my Lord, of which if their fubjedt Mat- ter had been brought before the Judges, I mean of thefe Days, unrobed of its Authority ; they would have determined, tifja voce^ that it was tearing up the Conftitution by the Roots: but as it is, thefe are Afts of Parliament, and Judges cannot determine againft them. In Confirma- tion of this, my Lord, I need do no more than turn my Eyes on the A 61 pafled in the laft Seffion of the laft Parliament, and called the Quebec' Aft. As to the Bofton Port Ad and its Companions, thofe I will liere leave without Notice, becaufe it may be objected to me that Occafion was given for them. But, my Lord, Quebec did not difpute the Claim of Taxation by Parliament, 1 iid not throw the Tea of the Eaft India Company into the Sea. Why fuch an Ad of Parliament then? Upon what Principle is it ? To what Plan of Policy referred? The A6t perhaps will beft explain itfelf. What is it then? An D 2 Aa, (/*; Sir William Blackflone. j. I ■ f* ( ^8 ) Aft, my Lord, made by a Profejlant Par- liament, in a Protejiant Country, where ** pO" litical Liberty is the very EnJ of the Conjlitu- tion^'' to ejiabli/h the Roman Catholic Religion, and give abfolute Power to the King, over Life, Liberty, and Property, in the Colony of Canada in America, encreafed, for this fpecial Purpofe, to fiich Extent, as to be capable only of the Bounds which the Lines and Circles of the Heavens can defcribe for it. If any Mini- fter of any King or Queen fince the Reforma- tion, and before the Revolution, had ottered fuch a Bill as this to Parliament, even at the moft favourable Conjunftures for them, what does your Lordfhip think would have been the Refult ? And yet, my Lord, the good Peo- ple of Ireland profeffing atone Time, alijjoft generally, the Roman Catholic Religion, and for which, by the bye, they have undergone one unremitting Scene of Perfecution, were imely as well entitled to the EftabliOiment of this their Religion as the Canadians now arje.. But lOUr wife Anceftors knew for what wicked Pur- pofes that Religion wascontrived, to what wicked Purpcfes it had been applied. Wljat new Cir- cumftance then is: it,* that ihas atifen^ to make us Icfsjealousof it now, than we have hereto- ■ fore been ? N one my ! Lord, Such a Country then= as Canada* under fuch a Religion and Go- 'vernmdnt; cncreafing daily in internal and by ' External Population, to v;'hat Ufe might not a wicked Minifter apply it ? Where is the Check to prevent him ? Where the ^ Line, the ne plus ultra, beyond which he is not to go ? Alas poor % ^ ^m&it/t^ * ^. ■■ ( ^9 ) poor old England ! in this is thy Doom conceiv- ed. Here is the Maufoleum raifed for the Se- pulture of thy Liberties! Liberties upon which the Attack is already begun. And fee, u\y Lord, what Feats of Generalfhip are difplayed. See how orderly the Siege advances. The Lines of Circumvallation are already drawn : the Out-pofts are all fecuring before the Citadel is ftormed. Are not the Out-pofts in the Eaft Indies furrendcring at Difcretion ? Is not Canada in the Hands of our Minifterial Gene- rals ? Are not Nova Scotia, and iIb Georgian now under Parley ? Will not the Frontiers of America from Nova Scotia to Georgia be for- ced to fubmit, whenever they fhall be dra- gooned into the Claim of Taxation? And whenever this happens, will not the Weft- In- dia Klands fall of Courfe ? Thus furrounded, my Lord, Bribery and Corruption will at length do, what all the civil and foreign Wars agamft this Country could never accomplifli : Make Slaves of Britons, I (hall conclude this Subject, my Lord, by a Quotaion from an Author who appears to hawe been not imob- fervant of thefe Maneuvres. ** Ever to be- gin at the Extremes, is a well known Rule in the Art of attaining to Defpotifm. The more diftant the Defign, the deeper laid is the Scheme, and the more fure in its Confequences, As in the Body natural, even fo is it in the Bo- dy politic. The Difeafe that lays hold of the Toe, often finds its Way to the Heart. Gra- dual Encroachments by imperceptible Move- ments, i I m ( 3= ) ments, are the moft dangerous Symptoms, tliey call o^ Aitention to Remedies, and lull Sufpi- cion to Sleep. E: it may all I overs of Liberty ever have thj;ir Eyes open and awake to this dcfpotic Procefs ! He that would tyrannil^ in America or abroad, awaits only the Opportu- nltv of becoming a Tyrant at Home.** Hitherto, my Lord, I have confidered the Mealures of Government, with refpeft to America, as '^e certain obvious and et!e(Stual Means, if purl-.d, of carrying into execu- tion a Plan, fo demonftratively and barefacedly plain, for the Subverlion of the Liberties of this Country ; that none but a Minifter of State can or will attempt to deny its aftual Exiftence and downright Intention. I fhall now beg leave, my Lord, ,to ill uft rate and confirm what I have faid, by an Argument drawn from the extreme Want of Policy in, and Weaknefs of, thefc Mcjifurcs. And here, my Lord, 1 muft be bold to aflert, that with- out the Plan now laid bcfo e your Lordfhip to account for the Adoption of thefe Meafures, fo totally inconfiftent are they with every Prin- ciple of Policy, fo dcftru^livc of every Idea in which the Welfare of this Country is csn- ceived, and let me add, fo void of common Senfe, tiaat it is impoffible that any Set of Men, out of the Confines of Brth.lem, could have prufefied thenifelves the A ulhors and Abettors of them. And being thus weak, my Lord, will it be any drained Inference to fay, that they muft be wicked ? •.> ' Every ( 3- ) Every Body knows, my Lord, that this is a Kingdom of Cotnmerce, an immenfe Capital in Trade, and every individual Man, without Exception, a Merchant therein Loaded as it is with a National Debt, fo large that a Sale of all its Lands would not difcharge it, from what Fund is it to carry on its Bulinefs, and maintain its Credit ? Let us apply to the Chancellor of the Exchequer : It is a Quef- tlon that will not puzzle, and his Information may be depended upon. In the mean while I will take the Anfwer upon Hazard, and fay, that the very Being of this Nation, as a Na- tion, depends on that Stream alone which flows from the Fountain Head of Commerce, and which, unlefs nourifhed, watched over, and attended to, with all the Art and Care of Man, nay, unlefs frefh Springs are opened to feed and fupply it, will become a Refource in- fufficient even for the Wants of Luxury ; and furely much more fo (but which Heaven avert) for the numberlefs unknown Exigencies of a War. Compare then, my Lord, and fquare, if you can, this State of Things with the Mea- fures now carrymg on againft America. Are Armies, Fleets, Guns, Bullets, Bag lihot, as Major Sturgeon fays, the Pumps, the Con- duits, the Aquedufts, that are to convey the American Trade to its Britifh Refervoir ? I fear, my Lord, that thefe Paflkges are more like- ly to ferve as Drains than as Conveyances. Befides, -m tl ', >.* fh ( 3^ ) Beiides, my Lord, to ufe a Scripture Phrafc, ** Is thy Servant a Dog, that you treat him thus ?" Are the Americans fo many Spaniels, that grow fonder by Punifhment ? Or, like the Lamb at the Altar, will they turn their Heads to lick the Hands upraifed to (hed their Blood? Britons, and the Sons of Britons, are unfit Subjects to make thefe Experiments up- on. Why try to conquer the Body when the Heart is invincible ? Mutual Intercourfes of good Offices, Confidence, and not Diffidence, my Lord, will add more in one Year to the Trcafury Books, in Account, than the com- bined Force of this Kingdom will extort in fifty. But to enforce what I have faid by an Example. Iflands in the Weft Indies have been parcelled out into fo many landed Lots for Sale. Adventurers in the Sugar Trade have become the Purchafers of them. Par- liamentary Encouragement has been eiven for the fettling of them. Ads have palled to in- duce and enable Foreigners, as well as £n- glifhmen, to lend Money upon them. Con- liderable Sums have been borrowed. In Con- fequence of thefe Means, the Quantity of Sugar imported to this Country has increafed, as in the Proportion of Six to Ten, and will, un- lefs put a Stop to by the Meafures of Govern- ment, annually increafe in greater Proportion,* * The Importation of Sugar laft Year to the London Market only was id^,ooo Hogsheads ; this Year it has been 135,000. Inftead ( 33 ) Inftead then of opening every poffible Mart for Confumption, in Correfpondency with the Encouragement given for this Produce, vir- tual Embargoes are laid upon it. Tea, that firft and great Confum-er of this Commodity,;}; is fent to the North Americans, on purpofe to difguft them from the Ufe of it. It had its Eflecfl. They will ufe no Tea, infomuch then they will of Courfc! confiime no Sugar. What is the Confequence ? Alk the Planters and Merchants : They will fhew that the Market here is fo glutted with Sugnr that it fells now for lefs than the prime Coft to the Manufacturers of it. But in this I have anti- cipated a Subjed already under the Confidcra- tion of that very refpedable Body of Plan- ters and Merchants, from which it will come with greater Dignity, more Weight and Pro- priety, and with much better Information, than I am able or can pretend either to have or give. Upon the whole, my Lord, if thefc Things are io, and would t( . God they were not {o, to whofc Mediation for Redrefs can the Britifh Empire look with fo many Circumfiances of Propriety as to your Lordfhip's ? Stamped with Abilities and Integrity, as one of the X It has been experienced that one Pound of Tea will ex- pend etght Pounds of Sugar ; and upon a Calculation of this, it has been made to appear, that ^2,000 Hogfheads of Sugar are confumed in Great Britain, from this Article tilone. , , E great ■i ' i I tmm t ( 3+ ) great and firft Weights in that noble Scale of the Conftitntion, dcfip;ncd in jiift hquipoife to hold the other two, what may not your Lord- fhip in the Caiifc of Truth cffcd ? We have a good and gracious Sovereign, who will ne- ver difdain to lend his tar to Reprefent:uious accompanied by fuch Authority; and thereby rendering himfclf, in FaSi^ that All in All, as yet known but in Idea, a Patriot King, We ha\e a Parliament too, upright and honeft, (for Jufticc will have it fo, till the Contrary fliall appear) difpofed to fulfil their Duty at this important Crilis of Affairs, open to Convitlion. The People at large know not their Danger nor their Enemies. *Tis fitting that they do both. Things remote affeft them not. They never fee Confe- quences, nor lay aught to Heart that is not immediately prefent befoie their Eyes, What remains then for your Lordfhip to do ? Mon- tefquieu tells us,* " That as the Perfon en-r trufted with the executive Power cannot abufe It without bad Counfellors, and fuch as hate the Laws, as Minifters, though the Laws fa- vour them as Subjeds ; thefe Men may be ex- amined and punilhed." Whoever thefe are, my Lord, or wherefoever they are, feek, find, accufe them, that Impeachment might follow Accufation, and wreak its Vengeance on them. Drag themfffrom behind the Throne of Spirit of Laws, Vol. I. P. j2^. Majefty, TT cnic of •oire to Lord- e have vill ne- itations hereby All, as . We honeft, [)ntrary Duty >pen to know . 'Tis remote Confe- : is not What f Mon- •fon en-r )t abiife as hate