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Les diagrammes suivants illustrent la m6thode. 1 2 3 1 2 3 4 5 6 li V»I3«»», nsxrr.iTr '"jr-.^s**.:. T H E A D M I N I S T R A T I O N OFT n E BRITISH COLONIES, O L. I. •n'-'w.Ji JLP. I.I Mtmm ( ^ THE ADMINIST RAT ION O F T H E BRITISH COLONIES. THE FIFTH EDITION, WHEREIN THEIR RIGHTS AND CONSTITUTION Are difcufTed and flated. By THOMAS POWNALL, Late Governor, Captain General, Commander in Chief, and Vice Admiral of His Majefty's Pro- vinces, Mafiachufetts-Bay and South-Carolina j and Lieutenant-Governor of New-Jerfcy. IN TWO VOLUMES. VOL. I. Pule. brum cjl bencfaccre Reipublide^ etiam bene die ere hand abfurdum eji. Sallustius. LONDON: Printed for J. W A L T E R, AT Homer's Head, Charing - Cross. M.DCC.LXXIV. r /c -J / / y¥- 192325 'U* ♦ ^\ I ( i ) TO THE RIGHT HONOURABLE GEORGE GRENVILLE, Efq. ^..1 SIR, WHEN I firft * publilhed my opinions upon the adminiftration of the Colonies, I addrefled the book to you. You was then minifter in this country, and had taken an ad:ive and leading part in the ad- miniftration of thofe affairs. I did not by that addrefs dedicate, as is the ufual phrafe, my opinions to the minifter; for our opi- nions differed on feveral points : But as dif- putes upon a queftion, (pregnant with the moft dangerous confequences) began to be agitated between the minifter of this coun- try and the Colonics -, which I faw, muft Vol. L * 1764. A foon ( ii ) loon extend themfelves in contentions with parliament itfelf ; as I faw a fpirit of fuf- })icion and alarm arifing; a temper of ill blood, infufing itfelf into the minds of men ; I endeavoured to obviate thefe mifcbiefs, by marking in that addrefs, that, as there were jieithcr arbitrary intentions on one hand againfl: the liberties of the Colonies, nor rebellious deligns on the other againft the iufi: hnperhun of government ; fo there was a certain good temper and right fpirit, which, if obferved on all fides, might bring thefe matters of difpute to fuch a fettlement, as political truth and liberty are befl eftablifhed upon. 1 1^ ■' I i, You had conceived, that government hath a right to avail itfelf in its finances, of the revenues of all its dominions -, and that the jmpojing upon the Colonies, taxes by parliament , for the faid purpofe, was the conftitutional mode of doing this. The Colonifts, who were not reprcfented in parliament by knights and burgeffes of their own eledtion, ■* *' did apprehend, they had reafon to fear • Letters of the aflembly of MafTachufetts-bay. ** fome ,f I with fuf- f ill nen J ;, by were hand , nor \ the e was hich, thefe nt, as Ufhed hath )f the It the \mentf tional who It by tion, fear fome I ( "i ) «« fonic diiiiecT of arbltnirv r^ulc o\ cr tlicm ; " when the fiiprcmc power of the nation <* liad thoiiglit proper to inipofe taxes on ** his Majelly's American fubjeds, with the ** folc and exprefs purpofe of railing a re- ** venue; and without their confent." ParHament had, by a folemn ad, dcclarcd- that it hath a right to make laws, which fliall be binding upon the people of the Colonies, fubjecfts of Great Britain, in all cafes whatfoever ; — while the Colonics iliy, in all cafes which can confift with the fiinda" mental rules of the conjlitiition : by which limitation, they except the cafe of taxation where there is not rcprefentation. Hence the Colonics have, by many, been deemed fadlious, undutiful and difloyal j and even chargeable with trcafon itfelf, I had been fufliciently converfant in thefc affairs, although neither employed nor con- fulted in them, fince I left America ; to know that thefe alternate charges were falfe and groundlefs : that there were neither arbitrary intentions on one hand, nor fedi- A 2 ticus I' ii ii J; •!. I Hi i i H ( IV ) iious views on the otiicr. As tlicrcfore, by my .iddrcfs, I meant to do juftice to your prlncipVs, which I knew to be thofe of peace and government, eftabliflicd on poli- tical liberty, — fo I took that occafion, ae I will ever efteem it a duty to do, to bear my teilimony to the affedion which the Colo- nics have ever born to the mother country ; to their zeal for its welfire ; to their fenfe of government, and their loyalty to their fovereign ; as alfo how much they have me- rited from this country, and how much they deferve to be confidered by it j in order to put thefe matters of difpute on a footing of reconciliation, fair difcuflion, and equitable fettlement. It Is a great pity that queftlons of this na- ture were ever raifed ; * " for, it is a very *' unfafe thing in fettled governments, to ** argue the reafon of the fundamental con- es ** flitutions." — But when contrary propofi- tions are alternately brought forward by the reprefentatives of two people, as the avowed Comm. Journal, 1672. principles ■f % by your fe of poli- , ae I ir my C^olo- ntry ; fcnle their e me- 1 they der to ng of litable con- opofi- 3y the owed V ( V ) principles of their refpcdivc conrtitiicnts j when an inferior government, which inva- rial)ly acknowledges its dependence on a fu- perior and fupr^nic government, thinks it hath a right to call into qucilion fonie particular exertions of power in that go- vernment, by rules which limit the extent of f:hc power of that government ; it is abfolutely ncceflary either to decide fucli queftion, or to give fuch explanations of the matter, t/jat it may ceafi to be a quejlion : for fo long as it continues in doubt, the parties will alternately charge each other with arbitrary principles, and a fpirit of fedition, with tyranny and rebellion ; and the confequence in fad will be, that frequent injurious ad:s of violence, which numberlefs events will ever give occafion to, mull: neceffarily be animated with a fpirit too nearly allied to the one and to the other. — The matter is in that ilate, that it ought to come before parliament ; it mufl ; it will ; — it is neceflary to the fupport of government that it (liould 3 — it is neceflary to the fccurity of the nation and its interefl:; —it is neceflary to the peace, liberties, and A3 conflitutions .1 ( VI ) conditutions of the Colonies -, it is neceffary £0 tlie Mcty of minifters. ■ ii i,i ;: i: !nI ' t % 1111 ,) ! Many matters therefore, the publication of which I had fufpendcd, while I thought that this queflion might be waved, or fome way compromifcd ^ I now publifli in this edition. I continue my addrefs. Sir, to you, now you arc no longer minifler, nor perhaps ever likely to be. I addrefs myfelf to the private country gentleman, who wdll alway have a great fliare in the bulinefs of his country ; — to Mr. George Grenville, as to one who hath, and alway will have great intereft, lead and authority in parliament ; from an opinion repJly and deeply grounded in the minds of the mofl: ferious of his coun- trymen, that, while for the fake of the peace and liberties of the whole, he mean^ to fupport the conflitutional powers of go-^ vernment in the crown ; fo is he equally, by principle, determined, as by abilities able, to guard the civil rights of the fubjedls; with a peculiar regard to, and management of, their interelb in their property. Thi IS '-•Si ( vii ) \\-9 ' This American queition, in which hberty and the rights of property arc (o deeply en- gaged, mull now come forward. From the part which you have already taken, you mufl ftill bear a confiderable part in the de- bates and confultations which will be held upon it. I therefore addrefs, to your moil ferious coniideration, that ftate of this bufi- nefs which the following book contains : nor will I defpair of your alTent to what fo firmly eftablifhes the rights of property, on the foundations of liberty -, by (7n equal cxtcnfiGU and communication of government ^ to where- foever the people and dotninionsy having thefe rights, do extend. In the matters which I propofe, I fpeak my own fentiments, not yours. I addrefs them to your ferious con- iideration, as I do to every man of bulincfs in the nation ; with an hope that from con- viction of the juflice, policy, and necefiity of the meafure, they may become the general fentiments of the government, and of the people, of Great Britain. From the fame fentiments, and with the fame view of ue- o neral peace and liberty, I could wiili to re- commend the ilime propofitions to the Amc- A4 ricans. n h .'a ''I f' •" ;"i h ill. H'ii ■I ; K ( vi" ) ricaris. Nor would I defpair of their aflcnt to things ; were there no jealoufies of, no prejudices againft men. I am convinced that thefe maxims are true in theory ; and do iincerely believe, that they are the only prin- ciples, by which the peace, the civil liberty, commercial profperity and union of the Briti(h dominions, can be maintained and fupported. I am no Partizan— I do not pal- liate the errors of Great Britain — I do not flatter the pajjions of America. My zeal and many fervices, towards the one, have appeared in the oral capacity. 1 fhow alfo, that no confequences of rights can be drawn from precedents in that period, when the two houfes of parliament affumed the exer- . ! i "■ll ¥ '1 ' ( xlv ) propofe, adopted : and the much greater fa- tisfadion of feeing the good effed: of them : But this pariicular meafure was, at that time, I dare fay, confidered as theory and vifion -, and perhaps may, at this time, be thought fo Hill : Yet every event that hath fmce arifen ; every meafure vs^hich hath fmce been taken, through every period of bufmefs in which I have been concerned, or of which I have been cognifant; hath confirmed me in my idea of the ftate of things, and of the truth of the meafure. At this pe- riod, every man of bufmefs in Britain, as well as in America, fees the effedl of this ftate of things ; and may, in future, fee the neceflity of this meafure. The whole train of events ; the whole courfe of bufinefs ; mufl: perpetually bring forward into practice, and necefiarily in the end, into eftablifh-^ ment — either an Americaii or a BritiJJj union i —There is no other alternative. — The only confideration which remains to every good man, who loves the peace and liberties of mankind, is, whether the one or the other Ihall be forced into exiflence, by the violence of parties, and at the hazard of events ; or I whether Iter fa- them : t time, vifion 3 Light fo arifen ; taken, ^hich I I have lie in md of IS pe- lin, as )f this 'ee the i train fmefs ; id:ice, iblifh- uniofii ( XV ) whether ^7 the deliberate legiflative advice, of the rcprefcntative of all who are con- cerned.— May both the Briton and the American take this confideration to heart : and, what- ever be the fate of parties and fadions ; of patriots or minifters ; may the true govern- ment of laws prevail, and the rights of men be eAabliflied in political liberty ! With the higheft efteem and regard, I have the honour to be, SIR, Your moll: obedient, humble fervant, T. POWNALL, JUNE, 1768. ies of other )lencc s ; or lether THE . 1 h I. ii I 'iii 'ii< . ^ .. f ^ Id ii . i ■ m ll J I !i li I ill' !li|' "; (I '■''Hi ! in .1* t *• ► 't • t» * 'S • V ^ "^■■ m THE Administration OF THE COLONIES. .,,.41 1^- INTRODUCTION .//>6.>4^>.7, B7 ^ genera/ defcrlption of the crlfis which came into event after the Peace of Parish fettled in the year 1763. TH E feveral changes of territories, which at the laft Peace took place in the Colonies of the European world, have given rife to a new system OF INTERESTS ; have opened a new channel oj bufntfs ; and brought into operation a new concatenation of powers, both commercial and pohticaL^This fyftem of things ought, at this crifis, to be adruated by a fyllem of poli- :e and proportionate to j Vol. L B pow- ers I i' 'i. .11 a \U ■ti I'l ■• •■I I •I ■ il I 11 ^ I; If :. Ill: !! i;ii|r,, Hj ;; i:': i:;i,..M 'i '.' I '' || i ri ! i> ( 2 ) crs and operations : Yet we find not any one txjmprchenfive or precilb idea of the crifis which is now arifing j on the contrary, all that is propofed as mcafurcs, is by parts, without connection to any whole ; is the flart of temporary expedient, and Ihiftings olFof prefent dangers, without any reference to that eventual ftate of things, wliich muH be the confcqucucc of fuch meafures, and fuch expedients. This ftatc of the bufinefs has tempted me to hazard my fentiments on the fubjed". My particular fituation in time paft, gave me early opportunity of feeing and obferving the ftate of things, which have been long lead- ing to this crifis. 1 have feen, and mark'd where it was my duty, this nafcent crijis at the beginning of the late war; and may affirm, have forefeen and foretold the events that now form it. My prefent fituation, by which I ftand unconnected with the politics of mi- niftry, or of the colonies, opens the faireft Dccafion to me of giving to the public, whom it concerns, an impartial uninfluenced opinion, of what I think to be the right of things ; and which I have therefore given in the following fheets, altho' I am aware what effed; this condud will have, and what it has already had, on this work, and on my- felf. The principles on which I ground my reafoning. % m-i my one iC criiis iry, all J parts, is the [liftings :fcrence :h muH cs, and pted me fubjedl. gave me zing the ig lead- mark'd cr'ijU at affirm, ts that which of mi- le fairefl: public, uenced ight of iven in e what hat it >n my- md my ifoning. ( 3 ) rcafomng, not being approved by thofe who govern J • nor the' doOTin^s which I derive from thtfj principles, as the rule of pradice, by thofc w!i6' rtiOLiJd be governed': the one will call this woi'k, the vifion (jf a thL*6ri{l:; the other will reprefent the dodlrines which it contains; as arifing from the prejudices of power which I once had in fny hands.— The one may think me an advocate for the poli- ticks of the colonies ; the other v^ill itnaginc me to be an evil counfellor again ft the co- lonics to the minrftry : But confcions that my aim is, (* without any prudential view of pleafmg others, or of promoting my own in- tereft,) to point out, and to endeavour to ef- tablifh, an idea of the true interefl of the co- lonies 5 and of the mother country as related to the colonies ; I fliall ftrictly purfue that right line, equally difregarding what varies from it on the one hand, and equally rejeft- ing what deviates from it on the other. In the firft uncultur'd ages of Europe, when men fought nothing but. to pofTefs, and to fecure pofTellion \ the power of the SWORD was the predominant fpirit of the world: It was thdtj M^Jch forrncd the Ro- man empire : and it was the fame, which, in the declenfion of that empire, divided * The event lias proved thic fenfe of the matter to be true. 1774. B again 5 i:-;.^':;^ it ! r "! i. ,. .If' . It' ,5, .Iti. : ii lib- ' 'I ' I, ( 4 ) again the nations into the feveral govern^ ments, formed upon the ruins of it. When men afterward, froni leifure, be- ean to exercife the powers of their minds in (what is called) learning; Religion, the only learning at that time, led them to a concern for their fpiritual interefls, and confequently led them under their fpiritual guides. The power of Religion, would hence as natu- rally predominate and rule ; and did adlually become the ruling fpirit of the policy of Eu- rope. It was this fpirit, which, for many ages, formed, and gave away kingdoms ; this which created the anointed Lords over them; or again excommunicated and execrated thefe fovereigns ; this that united and allied the various nations; or plung'd them into war and bloodllied : this that formed the bal- lance of the power of the whole ; and ac- tuated the fecond grand fcene of Europe's hi (lory. But lince the people of Europe, have formed their communication with the com- merce of Alia ; have been, for fome ages pafl, fettling on all fides of the Atlantic Ocean, and in America; have been poflefling every feat and channel of commerce; and have planted and raifed that, to an intereft which has taken root — fince they now feel the powers ■:.:if t^^ ^overn^ re, be- linds in he only concern quently . The IS natu- adtually ofEu- )r many IS; this r them ; ed thefe led the ito war le bal- and ac- u rope's '» have e com- es pafl. Ocean, every d have which ;el the powers ( 5 ) powers which derive from this, and are ex-^ tending it to, arid combining it with others ; the fpirit of commerce will become that predominant power, which will form the; ge- neral policy, and rule the po^vers of Europe : and hence a grand commercial intcreil:, (the bafis of a great commercial dominion, under the prefent fcite and circumllances of the world,) will be formed and arife. The. rise AND FORMING OF THIS COMMERCIAL IN- TEREST, IS V/HAT PRECISELY CONSTI- TUTES THE PRESENT CRISIS *. The European poiTefilons and inrereds in the Atlantic and in America, lie under va- rious forms, in plantations of fugar, tobacco, rice, and indigo ; in farms of tillage and pafture; in iifl:ieries ; Indian hunts; forefls; naval llores ; and mines. Each different fcite, produces fome fpecial matter of fupply, but is, as to it's own local power of produce, totally deditute, of fome other branches of fupply, equally necelTary to that kind of food and raiment which the prefent flate of the world calls for. The various nature of the lands andfeas, lying in every degree and afpe(5t of climate; and the fpecial produce and ve- getation that is peculiar to each ; forms this local limited capacity of prgduce. At the • '764. B3 ^ , fame VI. 1 , • i \\\ r t i; Mi I ■'.,' !I .1. ll , ■fi / ;>'■ . :ii .1 ,11 I Ii! '• • I'l, ir :,( r ' ,1 ■. 1 1 ti ■ I " '!! ]■■ ". l(i , i . \l' • i! ■" I; i^! Ii; i' I I' ;:'! iv i t!l" ill, u;,.i!' '( 6 ) lame time that nature has thus confined and limited the produce .of each individual fcite, to one, or at moil to few branches of fupply ^ at the fime time hath the prefer. t artificial life extended the wants of each country to many branches beyond what its own produce can fupply. The Weft India iflands produce fugar, meloffes, cotton, &c. : they want the materials for building, and mechanics ; and many of the neceftaries cf food and rainient. The lumber, hides, fifh, flour, provilions, live-ftock, and horfes, produced in the northern colonies en the continent ; muft: fuppiy the iflands with thefe reqnifites-r-On the other hand, the fugar and melcftes of the fugar iflands, is become a neceflary interme- diate branch, of the North American trade and fiflieries. The produce of the Britilh fugar iflands, cannot fupply both Great Bri- tain and North America, with the necefiliry quantity : this makes the mclcfles of the fo- reign fugar iflands alfo, neceifary to tlie pre- fent flatc of the North American trade. Without Spanifh filvcr.. (become neceffary tO' the circulation of the Britifh American trade, and even to their internal courfe of /ale and purchafe,) not only great part of that circulation mufi ceale to flow j but the means of purchafing the manufactures of Great Britain would be equally circum- fcribed : Without the Britiih fupplies ; the 5 Spanifli :M iiied anci na] fcite. artificiaj untfy to produce produce vant the cs ; and •airnent. 3vilions, in the ; mufl es-r-On s of the nterme- m trade Britiih ;at Bri- eceflliry the fo- lic pre- trade. fTary tc lericaa urfe of of that ut the res of rcum- i the * paniili ( 7 ) Spanlfh fettlements would be fcarce able to carry on their culture, and would be in great diftrefs. The ordinary courfe of the labour and generation of the negroes in the Weft India iflands, makes a conftant external fup- ply of thefe fubjedls necelTary ; and this con^ neds the trade of Africa with the Weft In- dies : The furr and Indian trade -, and the European goods now become neceffary to the Indian ; are what form the Indian connec- tion. I do not enter into a particular detail of all the reciprocations of thofe wants and fupplies ; nor into a proof of the neceffary interconnexions ariiing from thence : I only mark out the general trattes of thefe, in order to explain what I mean, when I fay, that by the limitation of the capacities, and the extent of the necefiities of each, all are in- terwoven into a neceffary mtercourfe of fup- plies; and all indiffolubiy bound in an union anc* communion, oi one general compo fit e in- tereji, of the whole of the Spanifti, French, Dutch, Danilh, and Britifti fettlements. This is the mattiral fiate of the European pofTefTions in the Atlantic and in America : This genenil communion, is that natural in- tereft, under which, and by which, they muft continue to encreafe. On the con- trary, the fpirit of policy, by which the mo- ther countries fend out, and on which they eftablifli colonies; being to confine the trade B 4 of m! r'l |r .1 HI : i;? -II ,'{1 I'll , '.:! '• '''11 : \ 'l H I 'I !■': Ml i:f^ 1: 1 ' II li i;^;' i 't!:i ; ! -ill::' 1 M' '5 'i ii i; U j i. ( ? ) of their refpcdlive colonies, folely to theif own fpecial intercourfe ; and to hold then^ incommunicable of all other intercourfe or commerce — the artificial or political Jiate of thefe colonies, becomes diftinifl from that which is above defcribed, as their natural flate. — The political ftate is that which po- licy labours to eftablifh by a principle of re- pulfion : the natural one is that flate under which they adually exift and move, by a general, common, and mutual principle of attrad:ion. This one general intereft, thus diftindt ; muft have fome one general ten- dency or diredion diftindl alfo, and peculiar to its own fyftem. There mufl be fome center of thefe compoUte movements ; fome lead that will predominate and govern, in this general intereft. That particular branch of bufmefs, and its connedlions, in this ge- neral commercial intereft, which is moft ex- t&n(\wQy necefTary, and permanent, fettles and commands the market : and thofe mer- chants who adtuate this branch, muft acquire an afcendency -, and Vvill take the lead of this intereft. This lead will predominate throughout the general intercourfe -, will . diffolve the effed: of all artificial connexions which government would create; and forra . the natural connedions under which thefe interefts adually exift — will fuperfede all • particular laws and cuftoms; and operate b)^ , thofe i ' :o theii* d them >urfe or al fiate )m that natural ich po- z of re- s under ', by a :iple of l, thus al ten- )ecuHar e fome 'y fpine -rn, in branch h ge- [oft ex- fettles mer- [cquire ;ad of linate will [^ions form , thefe all. ite b)^ ; thofe ( 9 ) thofe which the nature and adlual circum-. ftances of the feveral intereftt. require. Th^s lead is the foundation of a commercial do- minion, which, whether wc attend to it or not, will be formed. Whether this idea may be thought real or vifionary, is of no confequence as to the exigence and procef- fion of this power -, for the intcreft, which is the bafis of it, is already formed : — yet it would become the wifdom, and is the duty of thofe who govern us, to profit of, to pof- fefs, and to take the lead of it, already formed, and arifmg faft into dominion. It is our duty fo to interweave thofe nafcent powers into, and to combine their influence with, the fame intereils which adluate our own government i fo to conned and com- bine the operations of our trade with this intercft ; as to partake of its influence, and to build on its power. Although this in- terell: may be, as above defcribed, different and even diftindl from the peculiar intereils of the mother countries, yet it cannot be- come independent ; it mufl, and will for a certain period of time fall under the domi-r nion oi fome of the potentates of Europe. The great queftion at this crifis is, and the great fir uggle 'will bcy which of the fl:ates of Europe ihall be in thofe circumflances, and will have the vigour and wifdom fo to profit i)f thofe circumftances, as to take this in-. tereil h 'I !l ii u 'lit I 'ii IHl :^I Lv i' i: (I If* (' ,1 •I rt il l' '' i: ' ;i I M:! : 'I :,; ! I t, 111 Kl, I ! " ■:j. i1 ■'HI *■ ( 10 ) terefl under its dominion, and to unite it to its .government. This lead fcemed at the beginning of the late war, to ofcillate be- tween the Englifh and French ; and it was in this war that the dominion alfo hath been difputed. The lead is now in our hands : We have fuch connedticn in its influence, that, whenever it becomes the foundation of a dominion, that dominion may be ours. It is therefore the duty of thofe who go- vern us, to carry forward this ftate of things, to the weaving of this lead into our fyflem, that Great Britain may be no more confider- ed as tJoe k'mgdnm of this IJle only, with many appendages of provinces, colonies, fettlements, and other extraneous parts -, but as a grand MARINE Dominion^ consisting of our Possessions in the Atlantic, and in America, united into a one empire; IN A one CENTER; WHERE THE SEAT OF GOVERNMENT IS. As the rifing of this crifis above defcribed, forms precifely the object on which govern- ment ihould be employed -, fo the taking leading meafiarcs, towards the forming all thofe Atlantic and American pofleffions into, one Empire, of which Great Britain fhould be the commercial and political center; is the precife duty of ^overnp'»ent ?.t this crifis. The t'liti ( 1 1 ite it to at the late be- i it was Lth been hands : ifluence, indation e ours. vho go- ' things, fyftem, onfider- ith many tlementSy GRAND OF OUR AND IN PIRE j AT OF |fcribed, pvern- taking ling all •ns into, fhould terj is crifis. The The great miniller, whofe good fortune fliall have placed him at this crilis, in the ad- miniflration of thefe great and important in- tcrefts * — will eertainlv adopt the fyftem which thus lies in nature -, and which by na- tural means alone, (if not perverted,) inull, lead to a general dominion, founded in the general intereft and profperity of the com- mercial world; mufl build up this country, to an extent of power, to a degree of glory and profperity, beyond tlie example of any ?.gQ that has yet paflcd, -f- id ejl viri et duels non deeJJ'e fortiuuc prccbcnti Je, et ohLta eajii Jietlcr'e ad coiielUum. The forming fome general fyflem of ad- minilh-atlon ; fome plan, which (whatever may be the changes of" the rninillry at home, or in tiie governors and officers employed abroad) lliould be uniformly and permanently purfued, by meafures founded on the adtual rtate of things as they arife, leading to this great ^uA, is, at this criJIs, the precij'e duty of government , This is an objed: which ought not to be overlooked or miflaken : It ought not to be a ftate myftery; nor can be a fe- cret. If the Spanifli, French, and Dutch governments can oppofe it, they will ; but if it be founded in nature, fucli oppofition will only haflen its completion -, becaufe ? Dis allter vifum. f I-iv. 1. 28. % 44. any fl ihf i'ii I 'li It]' ,1^ ■ '1 I ,' '• * I- ,!• ( 18 ) $iny meafures of policy which they can take to obftruft it, mufl either deftroy the trade of their own colonies, or break off their con- nexion with them. If they attempt to do this by force, they muft lirft form an alli- ance, and fettle the union of their mutual in-- terefls, and the eventual partition of the ef- fect of it : but this will prove a matter of more difliculty, than can eafily be compalT- ed ; and under the difadvantages created thereby, there will be much hazard of thq Utmoft effort of their united forces. "I iit'i'f '': I' I hii II I (,': .1 1 , ! ' II t • ■ i 1 ' ' .i I i:' t't' ''; !i', Hi ^hu I 1 Hi. i I i ::;rl :" CHAP. I. U 'T&e NecelJity of forming a State Office for adminijiering the bufmefs of the Colonics, and. the general commercial interejis of our no'w extended dominions ; and the 7iature of fuch dfcujjed and defcribed, ^ ^ " TO enable the Britifli nation to profit of thefe prefent circumftances, or of the future events, as they ihall fucceffively arife in the natural proceffion of effedts, it is ne- ceffary, that the adminiftration form itfcjf into fvich eftablifliments for the diredlion of thefe 'I r can take the trade leir con- pt to do an alli- Litual in^ f the ef- latter of ^ompafT- created d of the ce fon nicsy and. our noiu of fuch profit of r of the ely arife it is ne- m itfc}f dlion of thefc ( 13 ) thefe interefts and powers, as may keep them in their natural channel ; as may maintain their due connections with the government ; and lead them to the utmoll: efiedt they are capable of producing towards this grand point. The firfl fpring of this diredlion, the ba- fis of this government, is the adminiftration at home. If that department of admini- ftration, which fhould have the diredlion of thefe matters, be not wifely and firmly bot- tomed j be not fo built, as to be 'xpradlicali—^ be not fo really fupported by the powers of government, as to be an efficient adminijlra^ tion ; all meafures for the adminiftration of thefe interefts, all plans for the government of thefe powers, are vain and felf-delufive : even thofe meafures that would regulate the movements and unite the interefts under a pradical and efficient adminiftration ; will become mifchievous meddling impertinen- cies, where that is not, and muft either ruin the interefts of thefe powers, or render a breach of duty necefiary to the colonies, that they may avoid that ruin. I •' That part of government, which fliould adminiiler this great and important branch of bufinefs, ought, in the firft place, to be the center of all information and application from 1? ■\ ,1 '/(I I I, ,1. ;, " ,:J' 1».|,; •i I, •Ml! M I- 1, lit ' I 1 "; 0,1 ii ( 1 1, M' t! I ( 14 ) from all the intcrclls and powers vvlilch form it ; and ouglit from this center, to be able, fully, uniformly, and efficiently, to diftri- bute its diredions and orders. Wherever thewifdom of ftate fliall determine that this center of information fliall be fixed ; from whatever department all appointments, or- der's, and executive adminiftration fhall iffue; it pught fomewhcre to be fixed, known, of record, and undivided. That it may not be partial, it ought to extend to all times, and all cafes. All application, all commu- nication, all information fliould center im- mediately and folely in this department : this fliould be the fpring of all nominations, in- ftrudions, and orders. It is of little con- fequence where this power of adminiftration is placed, {a that the department be fuch, as hath the means of the knowledge of its bufi- nefs — is fpecially appropriated to the atten- tion neceliary to it — and ofHcially fo formed as to be in a capacity of executing it. Whe- ther this be a Secretary of State, or the Board of Trade and Plantations, is of no confe- quence : but it ought to be entirely in either the one or the other. Where the power for the dircdion is lodged, there ought all the knowledge of the department to center : therefore all ofBccrs, civil or military, all fer- vants of the government, and all other bo- dies or private perfons, ought to corrcfpond . , .: immediately lich form ' be able, to diftri- kVherever that this -d ; from ents, or- lall iffue; known, may not ill times, commu- nter im- ent: this ions, in- ttle con- liflration fuch, as its buli- utten- formed Whe- le Board confe- n either )wer for all the center : all fer- her bo- 'rcfpond ediately { '5 ) immediately with this department, whether it be the Secretary of State or the Board of Trade. While the military correfpond with the Secretary of State; the civil in one part of their office, with the Secretary of State, in another with the Board of Trade ; while the navy correfpond in matters not merely naval, with the Admiralty j while the engi- rieers correfpond with the Board of Ord- nance; officers of the revenue with the fe- veral boards of that branch ; and have no communication with the department, which has, or ought to have, the general direction and adminiftration of this great Atlantic and American, this great commercial interefl:, Who will be the perfon that can colledl ; who does, or ever did collecffc, into a one view, all thefe matters of information and know- ledge ? What department ever had, or could have, fuch general diredtion of it -, as to difcufs, compare, redlify and regulate it, to an official real ufe ? In the firfl: place, there never was. yet any one department form'd for this purpofe : and in the next, if there was, let any one acquainted with bulinefs dare to fay, how any attempt of fuch de- partment would operate on the jealoulies of the others. Whenever, therefore, it is thought proper (as moil certainly it will, fome time or other, tho' perhaps too late) to form fuch department ; it mufl; (if I may it,: ill } ' f \. <■ )■ ' i>>, ' I hf f. , I. ,, III ■ii.i ii I. ;, .. •I,: '- hi Ml i . III ^'; ' ; '■; I' !:ii;h' 'Mil , fi ' I lb cxprcfs myfelf) he fovcrcign and fupreme^ as to every thing relating to it : or to fpeak plainly out, ;////// Ife a fecretary of Jlates* of- Jicc in itft'lf. When I'uch is form'd ; altho' the military, naval, ordnance, and revenue ofticcrs, rtiould correfpond, in the matters of ihcir rcfpedive duties, with the depart- ments of government to which they are more immediately fubordinate and rcfponfible ; yet, in general matters of information, or points which are matters of ftate, and the department of this ftate office -, they fliould be inllrudled to correfpond and communicate with this minirter. Suppofe that fome fuch miniller or office now exifled ; is it not of confequence, that he fhould be acquainted with the Geography of our new acquifitions ? l^, therefore, there have been any adtual fur- veys made of them ; fhould not fuch, or copies of fuch, be fent to this minifter or office ? If a due and official information of any particular condudl in our colonies, as to their trade, might lead to proper regulations * An ofKce of Secretary of State for the plantation's in America, was creeled fincc the writing of the above, 1764. But as it was fown in jealoufy j fo, in proportion ns it arofe in power, the refiftance of cabinet faction ob- flru(5led it at home, and nurfed up oppofition to it abroad. To this an impracticable line of condudl, miftaken for fvftem, and an unhappy tone of government mifunder- ftood for firmnefs, gave ample fcopej fo that the laft ftate of this unfortunate department became worfe than the lirft. 1772. I thefein^ m i^iH fupretne^ to fpeak ites* of- ii altho' revenue ! matters ; depart- are more )onfible ; ation, or and the sy fhould municate Dme fuch it not of ^quainted aifitions? :tual fur- fiich, or nifler or ation of es, as to ulations plantations I the above, proportion faction ob- it abroad, iiilaken for mifunder- le laft ftate than the therein^ ■>%'> 'S ( '7 ) therein, or might point out tlic neccflltv of a revifion of the old laws, or the making further provifion by new ones ; would it not be proper that the cudom-houfc officers, fettled there, ihould be direded to corre- fpond and communicate with this miniller, or office, on thcfe points ? Would it inter- fere with their due fubordination, (as officers of the revenue,) to the commiffioners of the cuftoms ? If there were any events arifing, or any circumftances exifting, that might affed: the flate of war or peace ; wherein the immediate application of military operations were not neceflary or proper; fhould not the military and naval officers be direded to communicate on thefe matters with this mi- nifter, or office ? Should not, I fay, all thefe matters of information, come officially be- fore this minifler, if any fuch flate minifter, or office, was eflabliflied ? As information and knowledge fliould cen- ter in one office; fo alfo the power of execut- ing, fliould fpring from one undivided de- partment. Where the power of nominating and difmiffing, (together with other powers,) is feparated from the power of diredting ; the firft muft be a mere privilege or perqui- lite of office, ufelefs as to the king's bufmcfs, or the intereft of his colonies ; and the lat- ter muft be inefficient. That office, which ^■^'VoL.I. C neither 'Ill i«i II 1^1 1;' "I '. 1 V n 'I iJ:.!'. ■ t , ■ ■ ■ ii'f ! U ! I -[•■ r. ■*: u- r^. . im- :m'\ ' 1^ I'l;: ' ; \i' (1 " ! • r 1. « ^n]:'^ 1 ;i .. ■ ') ■ m-u 'i\ li ! . ( iS ) neither has the means of information, nor can have leifurc to attend to the official know- ledge produced thereby, wiien fuch infor- mation is directed to it -, nor will be at the trouble to give any official dire^llions, as to the ordinary courfe of the admin iftration of the American matters ; muft certainly be always, as it is, embarralled with the power of nomination, and i?tter'd with the chain of applications, which that power drags after it. On the other hand, what cffc3: will any inflrudions, orders, or diredions, have from that board, which "has not interefl; to make or difmifs one of the meaneft of its own of- ficers. This, which is at prefent the only official channel, will be defpifed : the go- vernors, nay, every the meanefl of the of- hcers in the plantations, looking up folely to the giving power, will fcarce correfpond with the direcling — nay, may perhaps con- trive to make their court to the one, by paf- fmg by the other. And in any cafe of im- proper condudl of thefe officers, of any ne- gle di- each d to * hich he ( 19 ) he firfl appointed; if he does not fee thcl'e complaints in a light of oppofition to his nomination and intereil ; fonie redrefs may, aftLT a due hearing between the party an.d the otlicc, be had — tlie authoritv of the board may be fiipnorted ; and a Ibrt of remedy apphed to the fpecial bufmefs ; but a reme- dy, worfe than the difeafe — a remedy that tiiihonoLirs that board; and hold3 it forth to the contempt of thofe, whom it ought to govern. It is not only from the natural impradi- cabilicy of conducfting this adminili-ration under a divided Ihite of power and direction, that the neceility of forming a fome one ftate oiiice, or minifler of ftate, arifes ; but the very nature of the bufmefs of this de- partment, makes the ofBcer who is to admi- nifier it a Hate ofiicr.:: -, a minifter for that department ; and who ought to have imme- diate accefs to the clofet. I mull here re- peat, tbat I am no partizan of the Secretary of State's ofiice, or for the Board of Trade : I have ceafed to have any connection of bu- linefs with either, and have not the leall de- cree of communication wiih the one or the other. Without reference, therefore, to ei- ther, but v/ith all deference to both, I aim to point out, that the department of the ad- n:ii]iilration of Trade and Plantations, be it C 2 lod-i^ctd fk*. m SI';'- I', r ■' [^. It • , ' § 'I V I, ;i i'^ I II Ml ;:'1! 1 1 i 1 .1 fii II I .'! |«.llI':fT I' riir,!-' I :i I . (, 1 r' i ( 20 ) lodged where it may, (hould be a State of- fice, and have a minifler of flate. That of- fice, or officer, in a commercial nation like this*, " who has the cognizance and direc- tion (fo far as government can interfere) of the general trade of the kingdom— whofe duty it is to be the depolitory and reporter of the ftate and condition of it ; of every thing which may advance or ob- *' fl:ru(ft it, of the ftate of manufad:ures, of the fifheries, of the employment of the poor, of the promoting the labour and riches of the country, by fludying and ad- vifing every advantage, that can be made of every event which arifes in commercial politics, every remedy, which can remove anv defedt or obftrudlion ;•— who is officir- ally to prepare every provifion or revifion neceflary in the laws of trade, for the confideration of parliament ; and to be the condu(5lor of fuch thro' the neceiTary meafures" — is certainly an officer of ilate, if the Secretary of State, fo calFd, is. That office, or officer, who has ** cognizance and direftion of the plantations in every point of government, in every matter judicial ** or commercial ; who is to diredt the fet- tlements of colonies, and to fuperintend thofe already fettled ; who is to watch the <« <€ «< ({ tt *" ( 21 ) tate of- hat of- on like I direc- terfere) dom— Dry and I of it ; or ob- ires, of of the )ur and and ad- >e made mercial remove ) offici- revifion 'or the to be jcefTary f ilate. That ce and J point udicial he fet- •intend :ch the ■ Trade. Dlanta-t J << (C <( it *' plantations In all thefe points, (o far as *• they fland related to the government, " laws, courts and trade of the mother ** country" — is certainly an officer of ftate, if the Secretary of State, fo called, is. That office, or officer, who is ** to report to his Majefly in council on all thefe points; whofe official ^^^, or negative, will be his Majeily's information in council, as to the legillature in the colonies" — is cer- tainly an officer of ftate. That office, or officer, who is ** to hear and determine on " all matters of complaint, and mal-admi-* " nillration, of the crown officers and others, in the plantations ; and can examine wit- nefles on oath" — is furely an officer of flate. ** That office, or officer, who is to correfpond with all the fervants of the crown on thefe points, and to be the if- fuer of his Majedy's orders and inflruc- tions to his fervants, on thefe many, great, and important points of flate" — is cer- tainly his Majefty's fecretary, and certainly a fecretary of flate. But if it be confidered further, who the perfons are, that are of this very great and extenfive commiffion of the Board of Trade and Plantations ; namely, all the great offi- cers of ftate for the time being ; with the bifliop of London ; the fecretaries of flate C I for (< (( {< C( (( << (( il;^- iii. '^:0'^. A^i; ' 'r.M I^l hi lii i. :i,|I^ :', it'll' 1 l.h. jl. i' i.l 1 I. i, ■.■>t:i . ■;■ .Ki'5.: I.! ■'!!• ji, (1 , !M- >l it; i ... f ( 22 ) for the time being j and thofc more efpe- daily called the commifiioners of trade ; it will be feen, that it is no longer a doubt or a queftion, as to its being an office of ftate : it is adtually fo -, and has, as an office, as a board, immediate accefs to his Majefly in council, even to the reporting and recom- mending of officers. This was the plan whereon it was originally founded, at its firll inftitution, by Lord Sommers. That great flatefman and patriot faw that all the powers of government, and feveral departments of adminiflration difunited, were interfering with, and obftrudting each other on this fubjed : and not they only here in England ; but that the refpedtive officers of thefe feveral departments, carried all this difrradtion into the detail of their bufinefs in the colonies -, which I am afraid is too much the cafe even at this dav : he faw that this adminiflration could not be conduded but by an intire union of ail the powers of go- vernment ; and on that idea formed the board of trade and plantations ^ where, and where alone, thefe powers were united in a one office. In which office, (and in which alone,) all the bufmefs of the colonies ought therefore to be adminiftred : for if fuch union be neceffary, Jiere alone is that official union. Unhappily for the true interell of govern- ment * 'i ide; it )ubt or flate : e, as a efly in recom- e plan its firll w that feveral jnited, g each ly here fficers 11 this lefs in mucli it this d but »f go- the and d in a vhich DUght inion mion» ^em- inent i y. M '1 -I* ( 23 ). ment partly from an intire neglect of this adminiftration in time paft, and partly from the defeftive partial exercife of it, fincc fomc idea of thefe matters began again to revive : this great and v/ife plan hath been long difufed. The only qac^'on at prefent is, who /hall be the execu ;ve officer of this depart- ment of flate ? v/hether the fecretary of ftate, properly fo called ; or the firrt lord, and other commifiioners, properly called t/je board of trade \ or whether it fliall remain divided, as it is, between the feveral great departments of administration ; or ^whether fome more oficial and praBical divijion of this adminif ration^ ?nay not be made f It cannot lie in the board of trade, pro- perly fo called, until it be found proper, and becomes a meafure of government, to ere(5t that board into a fecretary of ftate's office for this department. That, therefore, the great bufineis of trade and plantations, may not run into confufion, or be at a ll:and — that it may be Carried to the effect propcfed, iield forth, and delired by government, and lie- ceffary to it ; all that can be done * at pre- * 1764. c 4 ■■*,« V'ii ir \(^. ■ V-' it', fent 1( ., ^i. ! ■ I h*' 1 ...liij H h: 'h' \H f'r' I ■• :.|. 1 1. !i "1 '111 i<. : I ! •;• I ' .; ' ,; J' S 1 '■ f 't. k-; l!. us; ! ■• ■nil ■:: I.' ",,i I 1 " " I •' I ( 24 ) lent is, to put the whole executive admini- firation, the nomination, corrcfpondence, i/Tuing of in{liud:ions, orders, (^c, under the two fccretaries of Itate ; if they have leifure to attend to it, and can undertake it : and to make the board of trade, a mere committee of reference and report : inftead of reporting to the king in council, to report to this uni- ted office, who fhall lay the matters before his Majefty, and receive and iflue his orders —who fhall refer all matters to this com- mittee, for their confideration ; and fhall condudl through the legiflature, all mea- fures necefTary to be determined thereby. If this be not pradicablc ; there is no other alternative, than to do diredly what ought to be done, and what, fome time or other, mufl be done ; the making the officer who conduds this department, a minifler for that department ; with all the powers necefTary thereto. For until a practical and efficient admin iftration be formed -, (whatever the people of this country may think;) the peo- ple of the colonies, who know their bufinefs much better than we do, will never believe government is in earnefl about them, or their interefl ; or even about governing them : and will, not merely from that rea- foning, but from neccflity of their circum- flances, ad: accordingly. Until M ■«, ■..if mini- ience, er the ieifure and to rriittee orting s uni- beforc orders com- fhall rnea- ereby. other ought lother, * who r that leflary icient the peo- Ifinefs ilieve or •ning rea- tum- ^ntil ( 25 ) Until an effedive adminlftratlon for Co- lony affairs be eftablifhcd by government ; all plans for the governing of thofc coun- tries, under any regular fyftem of policy, will be only matter of fpeculation, and be- come mere ufelefs opprobrious theory. All oHicial information given and tranfmitted by tliofe whofe duty it is to give it ; will, as accident fliall decide ; or as the connexions of parties (liall run ; be received or not : nay, it may lb happen, that thole oflkcrs who ihould duly report to govern n.^icnt the flatc of thefe matters ; will, as they find them- felvcs confcientioufly or politically difpofed ; dired: that information to thofe who are in, or to thofe who are cut of adminillration. Every leader of every little flying fquadron will have his runner; his own proper chan- nel of information : and v/ill hold forth his own importance in public, by bringing ^is playi for American affairs before it. All true and rco:ular kjiowledse of tliefe affairs, being difperfed, will be evaporated: every adminifbration, evc^n Parliament itfelf, will be diflradted in its councils, by a thoufand odds and ends of propofals j by a thouland pieces and parcels of plans ; while thofe furely, who are fo deeply concerned as the Americans themf elves are, will not be ex- cluded from having their plan alfo : they will %■ 1 it m (I k ■'it •I 'I '' it). I -I M' \H I ' '':!• ( 26 ) will have their plan alio : for however peace- ably they may fubinit to the direction of the powers of government, derived through a regular eilabliflied permanent mode of adminiflration, they will by any means that they can juilify, refufe to have their inte- refls directed and difpofed of by every whim that every temporary empiric can force into execution. If therefore we mean to govern the Colonies ; we muft previoufly form at home, fome praftical and efficient admini- flration, for Colony affairs. ^ '.;. W .1 T. .1 . . . ! H •i ;-i I ■i: . 'I 1,1 .■ 'i :.!' II- ii ,,'■1 ■I h i' H. ■!! ■1-1 I' r 1; 1 .'^'h 1 1 ■I i;;i iri. i!ii ' Before the erection of the Board of Trade as a particular office -, the bufmcfs of the Colonies was adminiflered with efficiency : the king himfelf in council, adminiflered the government of his Colonics : the llate officer, each in his proper department, was no otherwife Minifter, than as miniiterially executing the orders which he received ; or officially reporting from his refp?dlive de- partment, the information which he had to lay before the king in council. Since the eftablifliment of that office, called the Board of Trade ; the adminiftration of the Colo- nies, has either lain dormant, or been over- laid : or, if taken up, become an occafion of jcaloufy and ftruggle for power, between that Board, and every llate officer who hath 7 been tf yi ver peacc- redlioii of d through mode of neans that their inte- ^ery whim force into to goverii y form at It admini- i of Trade .cfs of the efficiency : Iminiflered the llate ment, was inifterially Iccived ', or ?6tive de- he had to Since the the Board the Colo- een over- n occalion between who hath been ( 27 ) been deemed the Miniflcr for the time be- ing. From tins jealoufy, and this llriiggle, this Board hath been fuppofed to interfere at different times with every other office; while at one time it hath had the powers, and held the port of a minifter's office -, and at another, hath become a mere committee ; in- efficient as to execution ; unattended to, as reporting. The Colonies, and the officers of the Colonics, have one while been taught to look up to this Board, as the Minifter for their affairs : and at another, have learned to hold it in that contempt, which ineffici- ency gives ; which contempt, however, hath not always flopped there. To prevent, on this critical occafion, all fiich appearances on one hand, from mif- leading thofe who are to be governed; and to put an end on the other, to all interfering rinionfrn; thofe who are to f>-overn in this line cf bufmefs — The Board of Trade fliould either be made what it never v/as intended to be, a Secretary of State's office for the Plantations; or be confined to vvliat it really is, a committee of reference for examination and report, for bating and preparing bufinefs ; while the affairs of the Colonies Ihould be adminiftted folely by the King in council, really ading as an effi.cient board for th 1 1 ii 5 i^ purpoic. t' ) I" ' ' 1 ■•1.1 ( 28 ) purp'ofe. Sotnewhcre there ought to be ail efficiency; and in this fupreme board, is the proper refidence of it. To place it here, Would be really, and in fdO:, the eftablifhing of an adminiftration for colony affliirs. CHAP. ir. rp fi [■ Leading incafurc propofed whereby to colledi fuch real information of the general Jl ate of things, arid of the temper of men, in the Colonies, as may become the bafis of an in- telligent and pradlical ofice. I'he two pil- lars of which are, A bill of rights j and a general atl of commerce form the aSlual ex- ijling inter ejis of the federal parts of the Britijh dominions united in one commercial fyjiem. TH E firfl ftep that fuch adminiftration would take, to fix the bafis of an efta- blifhed, permanent, and effedlive fyflem of government, for the mother country and the Colonies, mull be inade by fome leading meafure, which fliall, on real fad:, and by actual reprefentation of the parties concern- ed. be art , is the t here, )lifhing s. collet ft ate of , in the ^ an in- 'wo pil- ; and a hull ex- of the mercial J' ( 29 ) vd, examine into the various intercds which have ari fen ; the various claims which arc derived from thofe interells ; and the va- rious rights that may, or may not, be ad- mitted, as founded on thefe ; and as con- fident with the general government and in- tcreil: of the whole. To obtain this with truth and certainty ; and to engage the colonics to co-operate in this view, with that confidence which a free people muft have, if they co-operate at all — •i^overnment would fend out to America, fomc Very cojijiderahle per Jon *, under commif- fion and inftrudions to hear and examine on the fpot, the ftate of things there ; and by fuch proper -eprefentations and affiftance, as * The whole of this nieafure as now here printed In all us parts, was, in the yt'ar 1766, propofed to his Royal Highnefs the Duke ot" York — by the author of this book. It was propofed that he (hould go out in his proper line of fervicc, as commander in chief of the fleet in Ame- rica : That under this character he might be charged with commiflion and inftruftions to the purport herein defcrib- ed. His Royal Highnefs very fully comprehending the fcopc of the meafure in the whole extent of its opera- tions, thoroughly weighing and convinced of its pra<5li- cability and utility : warmed at the fame time with that noble incentive, the ambition of gaining real glory by doing real good, and feeling a zeal for the king's fervice, engaged to undertake it — if the minifter fliould adopt it, and his M^jefly approve of it. On thefe grounds he authorifcd -'i- 1 . •^ "1,1 si J)* 'hi <■ /I h\^ ( 30 ) as can no where be had but upon the ipot, and fmm the people themfelves ; to form Inch authentic matter of information, for the king in council ; as may become the folid bafis of real govcrwne fit i eflabliflicd by the principles of real liberty. To fuch confidcrable perfon, and to fuch commiffion, only, would the colonifls give their confidence : they would know that there, there was no fpirit of party or faction ^ that there there could be no jobb — They would be convinced that government was in earnefl ; and meant to aft fairly and honour- ably with them. They would meet fuch perfon in the abundance of their loyalty, with difpolitions of real bulinefs in their temper, and with the fpirit of real union in their hearts. What commiiTion could be more honour- able and glorious, even to the higheft cha- rader, than that of ading for the rights and liberties of a whole people, fo as to be the means of eflabliihing thofe rights and authorifed governor Povvnall to open the matter to the miniftcr : c-vernor Pownall afked an audience of that minifter — The propofal was howevel- rejected, at the firlt opening of it. It was therefore, I luppofe, never iTicntion^d to ihe kino;. b' liberties. the (pot, to form n, for the the Iblid d by the d to fuch niAs give low that r faction ; lb — They nt was ill I honour- leet fuch loyalty, in their union in honour- heft cba- le rights as to be gilts and atter to the ice of that ed, at the Dofe, nevei' liber ties J m ( 3« ) liberties, by an adequate fyfteni of freedom and government, extended to tlie whole ? What can he more fuitcd to the moft ele- vated charader, than to be the great rccon- ciicr between the mother country and her co- lonies, mif-reprefented to, and mif-inrurm- cd of each other ? I am almoft certain that this meafure will not be adopted — that it will be, as it h:is hccn already^ rejected — that there never will be any fyilematical union of government, between the mother country and the colo- nies — that the opportunity, when fuch might be eftablifhed on true principles, will be ne- glected — and that the couric of bufinefs will, on tliis occafion, be, as the hillory of m.ui- kind informs us it always has been \ tliat thofe errors which might bj rcdified by the ipirit of policy, will be permitted to go on piling up one mifchicf o\'er another j until jiothing but power can interpofe : which uill then interpofe, when the fpirit of policy is no more. The mother country and l:cr colonics, will continue to live on in perpetual jcaloufies, jarrin'gs, and difputes. The colonies, will for fome time belong to fovic faction here, and be the tool of it ; until they become power- ful enough to hold a party for themfelvcs ; and make fome fa^ion their tool I'he lat- C 8 ter I'. i'h. ^. .j.„ i ' • .' ■ ' , !v f", I.! ^V'-r. :'! H ! ',1 I-! .1' i^S III, h" .1 k r t "^■■;! ^i. • I hr; Ii' •:;:: tit.:,,, ':l. I ( 3^ ) ter ftage of this miierable conne6lIon, will be one continued rtruggle, whether Great Britain fhall cdminifler tlie rights and inter- efts of the colonies, or whether the intereft and power of the colonics lliall hold a part and take a lead in that adminiftration which iliall govern Great Britain. This convul- fion may agitate for a v/hile ; until fomc event fhall happen, that will totally break all union between us, and will end in the ruin of the one or the other, juft as the ac- cident of tiie die Ihall turn. Although I am convinced that this will be the ftate of things, yet, as I know thiit what I have here recommended, is founded on precedents of better and wifer times than the prefent ; is not founded barely on my own experience, but in that of men who have long had the lead of bufmefs in thofe countries : is what every true friend of the colonies, who lives and has his property there, would recommend ; what every man of buftnefs here, who willies well to the go- vernment of Great Britain, mufl approve ; I * now propofe it to the public as a mea- fure, of which if adminiftration fliould negledt, or refufe to take the lead, the public may be apprifed that the colonies 1768. wi 11 fl'U ft i! u9 J, will Great inter- ntereft a part which onvul- l fomc ' break in the the ac- is will )w that bunded es than en my n who thofe of the roperty y man he go- ;)rove ; mea- (liould the olonies i, will ( 33 ) will profit by thofe means of commuriica- tion with one another, and by thofe powers which their conftitutions and eftablifhments give them for the prefervation of their civil and commercial interefls : yet, taking it up, as a meafure, (which, for the fake of Great Britain, I wifh adminiflration to adopt,) I fay, government ihould fend out fome con- fiderable perfon ; with a council to afiifl: him ; under a commiffion and inftrudlions ; to call a congrefs of commiflioners from the feveral colonies. — He fliould have power, and be inftrudted, to call to his aid and af- fiftance, the governors, or any other his Ma- jefty's fervants, as occafion fhould require. » By the reprefentations and afliflance of this congrefs and thefe perfons ; he fliould inquire into the aBiial ftate of the crown's authority, as capable of being executed by the King, and by his governor, and other the immediate executors of the power of the crown. He fhould inquire into the extent of the excrcife and claim of the legiflative povv'crs -, and examine difpalTionately, and without prejudice, on what grounds of nccciTity or txpediency, any precedents, which llretch Vol. J. D bevond ^1 Ml r -^ T " ' J... ?;? 1^ ■ii„'t M • )i N i- ! II '.I I •t ,1't' ! I..'.! ! : «) lit',: mt 'M iai'M^ ! ! 4: r ; V^ 'I'' ( 34 } beyond perhaps the ilrI6l line of the com- miffions or charters, are founded. • He fhould inquire into the flatc of their laws, as to their conformity to the laws of Great Britain : and examine the real Hate of the fadts or bufinefs, which may have made any deviation neceffary, or not. He fliould examine into the powers and pradlice of their courts of judicature— whe- ther, on one hand, they have not extended their authority beyond their due powers ; or whether, on the other hand, they have not been reftrained, by inftrudtions, or by the adls of the colony legiflatures, within bounds too narrowly circumfcribed, to aniwer the ends for which fuch courts are erected. He fhould, (which can only be known upon the fpot,) inquire into and examine the actual Hate of their commerce — that where it deviates unnecellarily from the laws of trade, it may be reftrained by proper regu- lations — or, where the laws of trade arc found to be inconfiflent with the intereft of a commercial country, having colonies which, have arifen from, and depend upon trade ; a revilion may be made of thofe laws, fo as that the fvfa'm of our liiv/s» mav be made 5 t« /■•:■ ( 3S ) to conform to the fyflcm of our commerce, and not dcUrudive of it. It has been often fuggefled, that care fliould be taken in the adminiftration of the plan- tations, left in fome future time thefe colo- nies Ihould become independent of the mo- ther country. It may be proper on this occafion, nay, it is juftice to fay it — that if by the exprellion, becoming independent y is meant a revolt, nothing is further from their thoughts. If a defection from the alliance of the mother country be fuggcfted, it ought to be, and can be truly faid, that their heart abhors the verv idea of fuch. Their at- tachmenr o the proteftant fuccellion in the houfe ot . 1 nover, will always fland un- fliaken. And nothing can eradicate from their hearts *, their natural, almoft mecha- nical afFedtion to Great Britain; which thcv conceive under no other image, nor call by anv other name than that of hof?ie. Befidcs the merchants are, and mud ever be in great mcafure, allied with thoie of Gre:^t Britain ; their very fupport confiUs in this al- liance, and nothing but falie policy can break it. If the trade of the colonics be protedcd and di reded from hence, in the true fpirit, rather than the letter of tlie adl <;f Navigation ; with that ipirit under v/hich * Th's was written in 17C Vf I: '. f •^ \\ \ D 2 / -f • It h 11 'I 5 ■ t! I;; il fri'l , I' I ' ::?!; ] !• 1 ■^ :' 'If! ,1 !> (II r,, ! t .f • « K ,1 .'i' f 'i : ? : 1 •, "l! I i » ''ij ■■■, I »nl|.;i^ H-' ■li, "|.i= f; ■;?: ••'^-11 ■:!^ I« ■til i ( -6 ) it hatli, riien : no circumflanccs of trafle could tempt the coloniils to certain ruin un- der any other connedlions. The liberty and religion of the Britiili colonies are incom- patible with either French or Spanifh go- vernment; and they know full wx^ll that they cannot hope for that liberty which they now enjoy, as colonics under a Dutch one. Any fuch fuggcilion therefore, is a ialfe and un- jufl afperlion on their principles and affec- tion ; and can arife from nothing but an in- tire ignorance of their circumflances. Yet again, on the other hand, while they remain under the protedion of the mother country ; while they profit of the beneficial part of its trade ; while their attachment to the mother country is inviolate; it may become proper to inquire whether they may in fome inflances become and act independent of the govern- ment and liiivs of the mother country : if any fymptoms fhould be found, either in their government courts or trade, perhaps il may be thought high time, even now j 1764] to inquire how far thefe colonies are or are not arrived, in thefe cafes, at an in- dependency of the government of the mo- ther country.— If any meafure of fuch inde- pendency, formed upon precedents unknown to the government of the mother at the time they were formed, fhould be infiiled on ; pcrliapb it may be thought, that no time fhould I 1 of tra^s ruin un- •crty and incom- lifh go- hat they hey now le. Any and un- id affec- it an in- IS. Yet 7 remain :ountry ; .rt of its ' mother roper to nflances gOVLTn- try : if ther in perhaps )n now nies are an in- le mo- h inde- known le time 'd on ; o time fhould ( 37 ) fi-iould be loft, to remedy or rcdrcfs thefe de- viations, if any fuch be found ; or to re- move all jealouiies arifmg from the idea of them, if none fuch real I v cxifv. Under all thcfe various heads, he may hear all the grievances which the ollicers of the crown on one hand, or the people on the other complain of, He fliould, with the afllftance of his conn- cil, take under confideration the general ftute of the delegation and adminiftration of t.lie powers of the crown, as they are granted by the fevcral boards here in England to offi- cers of different kinds, under their rd'pec- tive departments : he Ihould inquire upon the fpot, and amidft the perfons and things themfelves, where thefe powers are meant to have their efFedt, how they do in fad ope- rate and co-ordinate to any general fyflcm of adminiftration. If upon any fuch revifion of the commiftlons, compared with the duty to be done, he ftiall find that thefe powers are granted without any general concert : without any reference to tliat co- incidence which they ought to have as of a one power centered in and deriving from the crown : if he ftiall find that the feveral offices and officers in America, thouo-h all branches of one ftem, are by mifcliicvous D 3 rivah'liip '!' ifi'.- ■' "•.*■■■■ m t' I'i r c 1 Ka i I' i << , •;. ^i ','llJl •i' itt»-ki- 1 .:■' i ' ! r •■■ <,' ..1) ■f. »■: ■ k IV ■::;:;: :' 1 iPt- l^' I •ill i ( 38 ) rivallhip of departments in England, per- petually crofling and obfl:ru(5ling each other : if he fliall find them alternately to obfl:ru<5l and to depreciate that part of the crown's power, which does not fall within their own delegation : if he fhall find that while the fcveral powers of the crown are thus by parts inipeaclied, and rendered contemptible in the eyes of the people, the whole cannot long reniain with tliat an lliority which fliould exert an equal and univerfal adminiftration throuc;hout the colonies : if he fhould find this to be the ftate oF thin[(S, he cannot be at a lofs what report to make. Nor will his Majefly and his council (if a ferious intention fhould arife of putting the ndmini- itration of tbe colonies on a pradtical and ef- ficient footing) delay one moment to rellore all thefe delegations of power to their true order and fnbordination, fo that they may form a fyftem of adminillration, uniform, equable, and univerfal. He /hould inquire into the ftate of the Kings revenues, his lands, his naval (lores : and he fhould review the llnte of the military fei'vice, the forts, gnrrifcns and forces.-— With the affiftancc of proper commifiTioners from the provinces and colonies concerned j he ill on Id fettle the feveral difputes of the colonics anongll thcmfclves, particularly as to '•4- id, per- 1 other : obftrud: crown's leir own bile the thus by inptible I cannot 1 /liould flratton aid find cannot ^or will ferious dmini- and ef- rellore ir true «u| y may ^B liform, '^^ ■'-'•X- of the 1 ilores : | ilitary I :es 1 loners Si ;rned 5 m )f the M irly as f to m ( 39 ) to their boundary lines : he fliould alio in- quire into all fraudulent grants of lands. All thefe matters, duly examined and in- quired into, a report of the whole bufinefs, Ihould be drawn up; and being authen- ticated by the original documents, which he will there procure, fliould be laid be- fore the King in council : Thofe points- which were of the fpecial department of any of the boards or oflices under govern- ment, would be referred from thence to thofe refpedlive offices, for them to report their opinion upon the matter. — And wheu the whole, both of matter and of opinion, was by the moft authentic reprefentations, and by the beft advice, thus drawn together; the King in council would be enabled to form, and by and with the advice and au- thority of Parliament to cftablidi, the only fyftem of government and commercial laws, which would form Great Britain and her colonies into a one united commercial do- minion. If this meafure be adopted ; a general hill ef rights^ and an ad: for the eflablilhment of government and commerce, on a great plan of union, will be brought forward-: the colonies will be confidered as fo many I'i':!^ W< iik^ D 4 corpora uoa ^> ■:< i»i i|i:i r r, !: 1 ,11 I H- I > i 1- ' >> : 1 tfi' ••i,! >. I a f -Ktl-tl' ■■f .r ^ i 111 1.' I ' I .1:,;, if.";. '^fi : I. I *; ; t-, . • li *■. f. ti I ■ ',. I I 1 F ,« (' 4^ ) corporations, not without, but united to the reahn : they will be left in all the free and full polTeflion of their feveral rights and Lberties, as by charter, or commif- lions given : yet, for every power which they exercife or pofl'efs, they will depend upon the government of the whole ; and upon Great Britain as the center. Great Britain, as the center of this fyftem, (of which the colonics by adlual union, fhall become organized, not annexed parts,) mud be the center of attradtion, to which thefe colonies, in the adminiftration of every power of their government, in the exercife of their judicial powers, in the execution of their laws, and in every operation of their trade, muft tend. They will remain under the conllant influence of the attradion of this center : and cannot move, but that every direction of fuch movement, will converge to the fame. And as it is not more necef- fary to preferve the feveral governments fubordinate in their refpeftive orbs -, than it is effen tial to the prefervation of the whole empire, to keep them difconnedted and inde- pendent of each other, t&ey mujl be guarded hy this union^ againji having or forming any principle of coherence with each other y above that ivhercby they cohere to this center, this firjl mover, Tbey (hould alway remain in^ > capable -i^i : ' mJ inited to I the free il rights commif- T which I depend >le ; and Great tern, (of )n, fhall :s,) muft Ich thefe ry power of their of their ir trade, ider the of this It every onverge necef- iments than it whole inde- guarded mg any abov'e 'r, this iln in- 'apablq ( 41 ) capable of any coherence : or of fo con- fpiring amor.gft thcmfelves, as to create any other equal force, which might recoil back on this firft mover. Policy, a(fling upon a fyftem of civil union, may eafily and con- flitutionally provide againft all this. The colonies and provinces, as they fland at pre- fent, are under the bed form as to this point, which they can be under — They are under the bell: frame and difpofition, for the go- vernment of the general and fupreme power (duly applied) to take place : having at prefent no other principle of civ il union between each other \ than that by v/hich they naturally are, and in policy fliould be, in communion with Great Britain, as the common center of all. The different man- ner in which they are fettled ; the different modes under which they live j the differ- ent ibrms of charters, and frames of go- vernment they poffefs ; the various prin- ciples of repulfion that thefe create ; the different interefts which they adluate ; the different religious intereffs by v/hich thcfy are adluated ; the rivalfhip and jcaloullcs vi'hich arife from hence ^ and the imprac- ticability of reconciling and accommodoting thefe incompatible ideas and claims ; will keep them for ever fo, fo long as the fpirit pf civil policy remains, and is exerted to the formiiit il [i \k. ix^ im in:, I 11 1 i'. S .i''M:i! CM. \H'' ''I i' 'lin , ,. l.i I I ! ''': ,.. •'' \i Ji! i •111 :•[:■, ■ I i • . JH.; i II it , k. !• * :i,i ^r V- i..:,,: It 'I' f; i: h .;'H-i:: 1 1 ■ ' i ' ..I! I •■ ' i III ( 42 ) f(^rminf» and maintalninc: of this fvllcm of union with the mother country and its go- vernment. The Romans as long as they governed their provinces by the vigour of policy, fecured and prefcrved them in their depen- dence to the llate. Let us fee what that po- licy was. I will produce two inflances, one in Italy, the other in Greece, ** Catcrum *' habit ari taniiiw^ tanquam urban Capuam *' freqticntariqiic placuit : corpus nullum nW- " tatis nee SenatuSt nee plcbis coneilhiniy nee *' maiijlratus cfj'ci Jiiie CGnctlio piiblieo» fine " impcrio, muUitiidincm nuUius rei inter fe *' fociam ad concenfum inhabikm fore *." The other is as follows. After the Romans had intirely overcome Perfeus, and reduced ail Macedorhia, they reftored it to a certain degree of liberty ; but to difarm that li- berty of all power of revolt, they divide Macedon into four provinces ; not barely by boundary lines, and geographical dir flindlions, but by dilTevering and feparating their inrcreils. " Divific Macedonia, par- ** tium ufibus feparatis, & regionatim com* *' merciis interruptis •^, When I recommend thefe precedents,, to ♦ Liv. lib. 26. §. 16. f Liv. lib. 45. §. 30. the fvilem of lid its go- governed ^f policy, eir depen- it that po- ances, one ' Catcrum m Capuavi ilium civi^ :i!wm, ncc ihlicoy fine 7 inter fe ? fore *." z Romans d reduced a certain . that li- ey divide ot barely lical di~ eparating lias, par- im com- 'dents., to >. §. 30. the ( 43 ) tlic wifdoni of government. In order to pre- vent anv union of the fcveral cc;mmunitics of coh^iics and provinces fettled in Amc^ rica, independent of the kingdom of Great Diitain — and to render abortive all feeds of an impcriuin that might extend over the whole ; it cannot 1 hope be mifuiiderflo'jd as if I recommend this fyllem of policy in adminiflring the government of each refpec-. tive community witliin itfclf and its ov/n interna] powers of jurifdifcion ; as though I recommended ^ dif'biution of their re- fpedivc chu.ters and other eftablidiments of govern. lien t; as though I recommended tli.U they fiiould have within themfelvcs no cor- porations, no legiflaturc; that they fliould remain Vv'ithout an impcrium, without a common council: — whereas on the contrary — the whole fcope of this book aims fo to explain, as to recommend the prefcrvation of their refped:ive conflitutions in the full ufe and excrcife of their rights and privi- leges, on the grounds of juftice and policy. But I do hooe and truft it will be under- ftcod as I m^ean it, as a caution againfi the laying the foundation of an j^mcrican Inipe^ riurn^ feparate and dillind: from the kingd'jni or Great Britain. On the gther hand, I do think an union of ' >■'. 1 ^- f if' m ai'f •1 ■ ■<•' lll'l lit',., ,;: til, t!l i: I ■ I ; (, , Ul .wn 11 « I k f I-, t • , (I " t' '!• >■ ••!'.■:' ■; I I'- ll,: 'H ,,| :;r , ■ i; N ''|:ii'' ( 44 ) of all the Britiih rcttlcn"ients in Anieilci into a one Lnpcrium with the kingdom of Great Britain, to he not only th'-* iy(l:em of the Britifli dominions as grounded in true policy, Uit as adiially cxifling by their com- munion in fad. However vifionary this may fecm to thofc who judge by parts, and a6t by temporary expedients -, if any truly great minillers, flinll ever take up the adminifrption of the colonies as a fyflem, and fliall have a gene- ral p radical and adequate knowledge of Uich fyftcm, as interwoven in that of the mother country, they will find this meafure pru- dential, if not a necellary one ; as leading to that great and abfolutely neccflary mea- fure, of uniting the Colonies to Great Bri- tain as parts o{ the realm, in cv^iy degree and mode of communication, of its rights and powers : and until fom.e flcps are taken which may lead and approach to this fyflem of union, as the intcreft and power of the Colonies approach to the bearing of a pro- portion of power and intereft with that of Great Britain ; the real interefl: of Great Britain and her colonies, will continue to be very inadequately and very unhappily ad- miniftred : while the bufinefs of the Colo- nies fliall in the mean time become a fac- tion, *• ill America i the only right we can plead. However; the Englifh title, is as good as any other Eu- ropean title ; and indifputable againft any other European claim. Let us fee the firft alTumption and exer- cife of this right in our government, con- tained in the grant which Henry the Seventh made to Cabot. Copy of the grant, as it is a curious acl:, is printed in the appen- dix, N*' II. — It contains a grant to Cabot, and his fons, of power, to fet up the King's ftandard in any lands, iflands, towns, vil- lages, camps, &c. which he fhall difcover, no( in the occupancy of any chrijlian power : and that this Cabot, his fons, and their heirs, 7nay fcize, conquer^ and occupy any fuch lands, iflands, towns, camps, or villages : and as his liege vallals, governors, locumte- nentes, or deputies, may hold dominion over and have excluiive property in the fame. As the Sovereigns of Europe did thus on one hand afliime, without right, a predomi- nant claim of poiTeflion, againfl the Indians in thefe lands \ fo oui Sovereigns alfo thus at firft afl^umed againft law, an exclufive pro- perly in thefe lands, to the prcclufion of the iiif .'..• '. , un- it is Lake > ', the •Eu- t any exer- con- venth nt, as ppen- Jabot, <.ing's ;, vil- :over, oiver : heirs, fuch ages : mte- over le. IS on lomi- lians thus I pro- of th. ;44 ( -49 ) the jorifdldjoii of the ilatc. They called them their foreign dominions : their demcfne landy in partibus exteris : and held them as their own ; the King's ocaTcflions; not parts or parcels of the realm, -f- ** as not yet an- ** ncxed to the crown." So that wiicn the rioiifc of Commons, (in thofe reiterated at- tempts which they made, by palling a bill to get a law enadtcd for eftablilhing a free right of hlhery on the coalfs of Virginia, New-England, and Newfoundland,) put in the claim of the ifate to this property, and of the parliament to jurifdi^lion over it ; they were told in the Houfe by the fervants of the crown, -f ** That it was not fit to make *• laws here for thoie countries which are ** not yet annexed to the crown." J '' That ** this bill was not proper for this hoiife, as " it concerneth America." Nay, it was doubted bv others, *' whether the houfe ** had j urifdiClion to meddle with thefe mat- ** ters." And when the houfe, in 1624, was about to proceed upon a petition from the fettlcrs of Vire:inia, to take co:mizance of the affairs of the plantations; *' iinon || *f the Speaker's producing and reading to *' the houfe a letter from the kin^- concern- o t Joui;ital of the Houfe of Commons, Apiil 25., i62r. X Ditto, April 29, 1621. ■^ K*ittxi, ^i\ 29. ... - '•Vol. I. E *' Ing r^ i ■ i •! • ■ ■'J, • ' n , 1 ■ fi ■tr I'J" t, >' ■*■■ II I.E... .1 r I !•! ( :^^^ ^ Vi { 50 ) <* iiig the Virginia petition ; the petition, ** by general refohition, was withdrawn." x'\nd although the bill for a free fiiliery, to the difannulling fome claufes in the King's charters, pafled the houfe ; as alfo the houfe came to fome very ftrong refolutions upon the nullity of the claufes in the charters ; yet the houfe from tliis time, took no fur- ther cognizance of the plantations, till the commencement of the civil wars. Upon this ciound it was, the Kinji confidcrcd tlic lands, as his demefnes ; and the colo- riiils as his fubjccls, in thefc his foreign do- ininioui) ; not his fubieds of the realm or The plantations were fettled on thefe lands, by the King's hcciice and graiit : the conilitutions and powers of government were framed by the PCing's charters and coiiMniffions : and the coloniits, underlhmd- ins: tiiemfelves as removed out of the realm, confide^ ed theniicives in their e^ccutive and legillative capacity of government, in im- mediate connedion and fubordi nation to the King, their only fovereign lord. In the hmQ manner a«; this ftate and clr- cumftances of a people migrating from, and fettling in vacate countiics, without, or out of the territories of the realm, operated to the ■A 111. f: 1 thefe It : the ;rnment .I's and rlhmd- realm, ive and in im- ion to Ind clr- pi, and or out lited to the at ( 5' ) the eftablilliment of the King's fovercignty there; (he having afTunied an exckiiive riglit to the property 5) in the fame manner it mull and did neceffarily operate, to the cllabHlli- ment of the people's ,liberty, both perfonal and political — They had either tacit or ex- prefs perniiirion to migrate from the realm j and to fettle in places out of tlic realm. Thofe who fettled under charters, had, in thofe charters, licence, by an exprefs claufe, to quit the realm, and to fettle on lands out of the realm : as alfo acknowledgement that they and their pollerity, were entitled to enjoy all the liberties, franchifes, and im- munities, of free denizons and natural fub- jedts ; to all intents and purpofes, as if they had been abiding and born within the realm. So Ion g^ as thev were confidered as natural born Englilli fubje(its of the realm ; they muft retain and poffefs, in the full enjoy- ment and exercife thereof, all tlie fame rights and liberties in their perform ; all the fame franchifes and privileges in their property ; that any other h'mglilh fubjecl did poflefs. — • If their freehold was part of any manor in any county of the realm ; and that freehold was worth forty fliillings by the year ; fuch freehold undoubtedly gave the poflclfor a vote for the renrefentative of fuch county : E 2 and IT. Il I Vr 1.1. i ;i 11. ir':l h I h.■.^'!ii".^■: '!'1 •.! ' > it ,~\;p ■ '■ '■ 'iU^*'"^'!; Ih'' •IN ^|t ^'i': !•! ■'■■ I !: ' i,.! I ►" "'I ill' ( i- ) nnd thcfe rights mufl give this fubjcd", this freeholder ; claim to the llimc participation of council in the legillativc part of govern- ment ; to the fame communication of pov^cr in the executive part ; the func ri^^ht to adt Qiid trade; as every other Enghfli freeholder had. If by migrating from out tlic realm, the coloniits ceafed to have participation ^ (fuch legillative participation in the councils as the Knglifli freeholder hath ;) if they ceafed to have communication in the oilices, buithens, and cxercife of 8[ovcrnmcnt: if bciiir ivil/j^ cut the realm, tliey ceafed to be bound by laws made only for tlie internal regulation and government of the realm -, if they ceafed in future to be bound by laws where- in th< ey were i I r^ t e.\prc fsl) / name if the y ceafed to be under the proteclion of thole povv'crs in- laws which were nv.ide, and thofe and maglflracies which were created for tl prefer vation of the peace v/ithin the realm -, if they v/ere (no matter hov/) feparated frcnn participation of the benefits of our holy rc- li2:ion, according to the eftabliflied church ; and if the colonies at the fame time were not parts or parcels of the realm -, they un- doubtedly ceafed to be fubieds of the realm. But being by law, (both efhl)linicd and na- tural,) polieffcd ci' i;ll the rigiits, privil P'Tfc; irunchilv :aliii, tlie 11; (fuch :ils as the ceafed to hurt liens, )oiind by egiilation if they s where - if they of thole povv'crs 11 for tlic rcahii ; ;ed from 'loly rc- hurch ; e were liey un- rcahn. hnd na- vilegcs, liChilC:, s •■&• 4 ■;■*■* ::>.•) ) .1 ► iranchiies, and n-nmiin iiic:?, of a frcc-born people — no government lefs free than that whieh they had left, could, by any juiliU- ahlc power, be cflablifhcd over or anion^ft th' ■ni 1 n d therefore y:ha\ the kin'j- inter- pofed ills power, the coloniits were cila- blilhed, in a p-overnmcnt, conform. ible to the government of Enghind. They ]i:id power of making laws and ordinances, and of laying impolitions, by a general alTemblv, or reprelenta'tlve legiilature — the power of credliiyj- courts, and creatine m:^'iilrates ; of the fame power and operations; by the fame modes and proceedings, rmitalis f'lu- iandis : as were uied in the jrovernrr.ent of England : naj', in fome c:ifcs, by a mode adapted to a democratic, and even clcdtivc government. The adminillrative and exe- cutive part, had all the fame checks ; and the legillative all the fame powers and pri- vileges : only refiraincd from not actin:^ contrary to the laws of En^daPid. And up- on the fame jrrcund, tliofo ccdonies, of whofe firit fettlcment the crov/n took no care or cognizance 5 (tlie colony of Ply- mouth, II that of Maffichufetts, Providence Plantation, and the colony of Connecticut,) eftabl idled amonnr thcm.felve^, the like powers ot tree government. II Vi\!c Mr. Prince's K . '.v-Ena'anil Chronolocv ; "r.J la. Gov. liutchinion'u H:*t. of Muli;;chu:ctti. E 1 J ILrc ^f >1, '.,■'•2 Si: S ih,'h %\ ^ 'I,' t" Us. <■''" ', ( 54 ) Here we may venture to affirm, that if the colonies were to be deemed without the realm; not parts or parcels of it; not an- nexed to the crown of England, though the dcmefnes of the King j if the colonifts by thefe means ceafed to be fubjedts of the realm, and the Parliament liad no right or jurifdidion to make laws about them ; if the government of them rcfided in the King, only as t/wir fovereign, {I:im Rex ei prcrjit^ tit caput ijtius popidi, non nt caput altcrius popuU ; they were certainly a ^^o^\q fui juris '"^nam inipcrium quod in rcgc ejl ut in capite^ in populo nianet ut in totOy cujus pars eji ca- put : * and having an undoubted claim, by the nature of iheir liberties, to a participa- tion in legillature ; had an undoubted right, when formed into a itate of government, to have a reprefentative legiflature eflablifhed, as part Oi their gjovernmcnt : and therefore when fo formed ; being a body politic iji faft and name, they had within themfelves, (the King, or his deputy, being part,) full power and autliority, to all intents and pur- pofes, both legiflative and executive, for the governmciit of all the people, whether llrangers or inhabitants, '-jcithin their jur/f- diBion -, independent of all external diretiion or government ; except wliat might coniti- m '■tl' I: ::" 'i <' ' Jh X 'l.,S,' * Grolm de B. ^ P. lit. 2. .-. 9. § 8. tutionally ^ rU- , that if thout the not an- ough the onifts by s of the right or hem ; if he King, ei prcrjity t altcrius tfiii juris In capitCy rs eji ca- laim, by articipa- t^ right, ncnt, to iMhhed, herefore Htic iji nfelvcs, rt,) full id pur- for the hcther iiirif- hrediion con Hi - ionair 'IP ■■:>r ( 55 ) tutlonally be cxcrcifed by their fovereign lord the King, or his deputy ; and except their fubordination, (not allegiance) to the government of the realm of England fut nl- terhis populi.) They acknowledged them- felves to be a government fubordinate to the government of England, fo that they might juilly be rellrained from doing or be- coming any thing repugnant to the pov/cr, rights and intereil: of England — but held their allegiance, as due only to their fove- reign : therefore, (thcfe premifes admitted) as they did on one hand truly meafure the duties of this allegiance, by the fame rights aiid claims as the King's Englifli fubjeds of the realm did — fo on the other, did they juilly maintain, that in every exercife of their own rights, privileges and powers, tliey were free and independent of all controul ; except what was interwoven into their con- llitution, fo as to operate in the internal movements of thefe powers ; or to be ex- ternally exercifed by the legal powers, and negative, refiding in the King their fove- reign, or in his deputy. They certainly were not provinces in the frniple idea of Roman provinces governed by laws and power j not deriving from their own rights, and arifmg v/ithin their own government; but impofed on them by the E 4 ini perl urn '•• • ■ * .1 ■■»' \f is |. I.. ,h.!;; .■;: H;:;!Vi'V. ! M ■it I '(, 'l|,,l v - 'I 'l" , mr "N: si .liK '■;»■■ ., .Ill 1 ;■' i.*^.- !V:i'' ^ '•' '' ['.'Hi ■] ( s(^ ) tjnpcrlam niter his popuH, and admiuiflcrcd under provincial oiiiccrs commilTioncd from this i;!7perium ', the power of which ollicers, althou^di it was, when operating within the jurifdidion of the city, no more than the ordnvM-y emanation o f tl 10 pr 1. incipios o free (^■\t^ ; yet was abiolutc as to tlie pco- 1 .>lc a nil i;o 1 •jrnment of the provinces, wh o were not in communion as parts participant 3 of that fvfi:{ m of pv)wcr. (^ur colonies be- ing epch a body puiitic -, and having a right to, and enjoying in fac!, a certain legifla- tr.re ; iiidcnt rather Vvith the cafe of the Grecian colonics, as ftatcd by (/rotius, — Hue referenda & (l^fcefjio qiKV ex confenfu fit in co- Jcnias, narn Jlc QUoq V fT/ TO. ut fi^rxi — Many cydidcs, nee of ther ci- 'cedcrates fubor- allegi- )f colo- ding its otii's has le Locre- '• ^- 37- periuni A^ ( 57 ) inipcilum fo as to pf)rrLls and p;ovcrn cxtcr- n.d dominions ; hut I ih.dl confuvj niyfclf to the inilances and fads of tliC ErvdiOi h^'c- I'inccst whirli indent more nearly \\;th the nature of the Roman Colonics, C'ivium Ro- manorum juris- Romani, aut kitio jure do- Ji;ta\ I'hcy were bodies corporate ; hut ccr- l:'inly not corporations, in the fenfe of fuch tonnnunitles ivithin the rciilni. They were eredted into provinces ; had tlie iura re^a- Jia, llie Patentee, as the King's deputy, or the King's governor (as part of their confti- tution, wliL'ther by commiillon or by char- ter ) was vefced with all the iiunc royal powers v/hich the King hath in liis palace, both executive and legiilative. 'i'licle provhices were all, in tlie true ([n- lit, interit, and meaning of llie thing, coun- ties PAL.\TINE : and fome of them were aaually -^Aiil exprefsly created luch. The Caribbce lilands, granted hy Cliarlcs the firll, in the third year of his reign, to the Earl of Carliflc ; were ercclcJ n^to a province or county, by the name of The Province oi C'arlil'le ; *' with all and every *' fuch like -.vaa fo large privileges, iurifdic- '' tions, prerogatives, royalties, lil-crtics. (> I- ';■ 7 li -T.-.o J, ^ * w V vLVw/ii-i I ! 1. i'l I "I ,,'r^- |,.^.-; ?i I I'll It" ^'U ! :: ( 58 ) •* freedoms, regal rights and franchifcs what- ** ibever, as well by lea as land, within the '* limits of the faid JHands, to h;ivc, \\i'c., ** exercile, and enjoy, as any Biiliop r,> ** cording to the cuflom of Durcfm';) wii;- •* in the faid bilhoprick or county palatine •* of Durefme, in our kin^^dom of Enc^- ** land, ever before hath, had, keepcth, " ufeth, or cnjoyeth, or of riglit could or '♦ ought to have, keep, ufe, or enjoy." The grant in 1630, to Sir Robert Heath, and his heirs, of the lands now called Lou- i liana, ran in the lame maimer. ** We credl the fame into a province, and in- corporate it by tlie name of Carolanca, or the province Carolanea, with all and lingular luch like, and as ample rights, jurifdi(51:ions, privileges, prerogatives, roy- " alties, liberties, immunities, and franchi- fes, as well by fea as land, within the regions, territories, iflands, and limits aforefaid, to have, exercife, ufe, and en- joy the Ume, as any Bifliop of Durefme, in the biflioprick or county palatine of Durefme, Sec. 6cc. <( it it n --: L In the charter of Maryland is granted as follows, ** We have thought fit to erc(5t the ** fame into a province, with all and lingu- ** lar the like, and as ample rights, jurif- '^ di(!:tions. % wirln'n the hivv, life,. 'iiliop ( "-, 'ni';) wji .- ty pahuinc ^ of Kncr- kcc'pcth, t CDiild or !ov." -n fleath, iled Lou- — '* We . and in- 'arolnnca, fi all and e rights, vcs, roy- franchi- thin the d limits and en- )urc-fnie, atine ol' I ( 59 ) '' didlions, privileges, prerogatives, royal- tics, liberties, immunities, royal rights and franchileij, of what kind focver, tem- poral, as well by fea as by land, within the country, illes, illets, and limits afore- faid, to have, exercife, ufe, and enjoy the fame, as amply as any Bilhop of Durham within the biihoprick or county palatine of Durham, in our kingdom of Eng- land, hath any time heretofore had, held, uicd, or enjoyed, or of right ought, or might have had, held, ufed or enjoyed." n << (( tt t( 4( it it H tt tt The charter of the 15th of Charles the fii{\, to Sir Ferdinando Gorges, ereds, cre- ates, and incorporates, all the premifes grant- ed, into a province or county, called the province or county of Main ; granting him all and fingular, and as large and ample rights, jurifdidions, privileges, prerogatives, royalties, liberties, and immunities, franchi- fcs and prcheminencies, as well by fea as land, within the premifes, as the Bifhop of Durham hath within the county palatine of Durham. :!'' 1 ■ ' ^nted as red: the I finqu^ , juri/- iclions. The charter of Penfylvania ercBs the faid (ountry into a prccince or jcignory, in tlie re- cital of the powers of which all the regidli are granted : and efpecially tine power and P rivilec^e t . ':,.'! . :'ii" ■" II |i1) *| ( (>o ) privilege of not being taxed, but by the coii- .i'cnt of the freemen, or in parliament. 'i^- M'!. us 1^. •'" Tl| #3 j,lt 'I i".i*!!,r' .-! ^;' i f I '4 .1 ■; { H'5 i; • I. ^ 1!'' ? ' I'i r|. }, M I. ?ff i' it •' - .» I -f . 1 ' i I 1 r L.l, i. llj. •« J .^ Bv the charter of WilHam and Marv, the provinces of the Mafiachufets-bay was ** creeled and incorporated into a real pro- *' vincCy" in the pov/ers of which the Jura Regaiia are dcfcribcd, and fully granted. All thcfe provinces have the power of peace and war ; of excrcifing law martial ; of life and death ; of creating towns, coun- ties, and other corporations within them- felves : and the po\\ ers of their general af- femblies, are very dilfcrent from, and go boyond the powers of our common coun- cils within the realm. The facl is, that the conflitution of the government of England ; as it flood at that time, founded upon, or built up with the feudal fyfrern ; could not extend beyond the realm. Tlicre was nothiniJ^ in the na- ture of the conftitution, providing for fuch thinr2.s as colonies, or provinces. Lands wit/iout or beyond tlie limits of the realm j could jiot be the property of the realm, un- lefs by being united to the realm : but the people who fettled upon tlicfe lands in par- tibzis cxicris, being the Iving's liege fubjeds; the King, as fovcrcign ho['\^.i alfumed the right .ts. ( 6i ) ri'jjit of property, and of government. Yet the people beinrj; intitled to tlie ri:>ht?, pri- vileges. Sec, ot freemen ; the King ella- blilhcd, l)y his commillion of government, or charters, theic colonies as free Hates ; fubordinate, aceording to fuch precedents or example.^ as his minifhy thouglit fuit- ablc to the prefent cafe : and the county palatine of Durham, became this precedent; and the niodel of this conflitution as to the ;vc^//./. Tliis was the actual ilate of the circumdanccs of our colonics at their firil nii?ratIon, and of the colonies at their firft fettlemcnt : and had nothing further inter- vened ; would have been their conflitution at this day. Let us examine what has in- tervened ; and mark as precifely as wc can, where power has attempted, and where right has efiecled, any change in thefc circuni- ftanccs. i'^ '. i K Notwithdandlno; tliis mode of ccnflitu- tion ; acIanncr appeals may be brought from the colonic^, in ituttcis where the vahie is ;{,';500. 4 alienation ,. ,1 ( 63 ) the ap- iial be :on\ ion alienation of that duchy, called in the rolls of* the itinerant judges La Somme de ManceL This makes what the ftatute law is in Eng- land. 2. Municipal or local ufagcs, which are the unwritten and traditionary law, like the common law in England. 3. Conlli- tutions and ordinances made by the King, or his commilfioners royal ; with fuch re- gulations and orders, as are from time to time tranfmitted to Jcrfey, from the council board. — So Charles the Firll took up the idea, that the colonies in like manner, (his demefnes in his foreign dominions) miglit be governed by laws, ordinances, and con- ftitutions, made and publilhed with his con- fcnt, * by his royal commiflioners, eflablilh- ed for governing the plantations ; together with fuch further inftrudlions as fliould be tranfmitted from the council board : and that thefe commiHioners, being his council for plantation affliirs, might be the dernier court of appeal from the colonies. He left indeed the colonies in fome degree in pof- felhon of the flatutc law of England, as it ftood before their mig'-ation ; and allowed them (as far as was confillcnt with the le- gillation of this his council) the making and ulh");.; their municipal and local laws. Under thefe Norman ideas of the confll- * Vide Appendix, for the CommifTion at length. tutioii Ik I '•'-Mn' \> t 'I (I ;f 'V if ^ i ' '..I 'ft' ;* ? -J...i.'i { H ) liition of our colonics; it was a moft fortu- nate circLimflancc for tlicni, 1'h.it tlic illand of Jcrfty Iml, by its cjnrtitution, a right to hr^ld a '* convention or meeting of the three " orcler.s or cflatcs of the illands ; in iniita- *' tion of thofc au^J-^ft alTcmbhc ^ known by " tliat or ibme other name, in great king- ** doms and moi^archies : a jhadow, and " refen^blance, of anEnglidi parHament" — In which, '' the King's goveinor, or lieute- nant, had a nc2;ativc voice : The great bufinefs of wliich meeting.-., was the raif- ing money to fupply public oecafions. For, (Mr. Fallc lays,) as in EngLmd money cannot be railed upon tlie fLib;ecc, but by authority of parlianicnt ; i'o here it is a received m.axim, that no levies can *' be made upon the inhabitants, but by *' their own confent, deckircd by their re- *' prefentatives aiiembled in common-coun- *' cih" It was fortun:rte, I fay, for our colonies, tliat this was the cafe of Jerfey : for there can be no other rcafonable account given under thefe Norman principles, how our colonies preferved this efilntijl right of Engliflimen, but that it happened to be alfo a conllitutlonal riglit of his Majelly's fo- rcip-n French-Norman fubjeds. The com- million which the Kin<^ had thus iifued and r^ranted, was afterw-ards anmalled, and a board of plantationo (at the head of which. g on the colonics and provinces, than as royal proclamations ; which have in many cafes, d Cv^iaiii autliority, quoad tdr7'or em ^ though not that of law. If the coloniits Imd at their migration, fueh natural liberties as above defcribed -, and were, by the com- mitfions of government or charters (for I fee no difference ; both, equally providing, for an uninterrupted and continual fuccef- fion of civil government) eftabliflied in the fame ; no orders or inflrudions, wliich might derive thus from the King alone, (to the fufpendirg, retraining, or obllruding the cnioyment of thefe rights and liberties, or th'.* exercife of thefe powers) could talic ef- fect, or have the force of law. ;,*■•• m f A'hile the com mi f- ittee, al- iflj laws, binding le of the of their a right, icm, and ) to con- in llriic- mcil, by jcretaries of laws bindin-'T as royal iiy cafes, though h-)d at tics as com- (for I ■)vidinfi, fiiccef- in the might to the n:r the ies, or ]:c ci- ( 67 ) As thus the King's power in the govern- ment of the colonies could not; fo, a fort i^ oriy that of the parliament without the King, (as by that committee, or board of planta- tions, inlUtuted by order of parliament in the year 1643) could not on any pretence whatfoever fuperfede the rights and liberties of the colonies, or of the colonifls. How far the power of King and parlia- ment J the whole ifnperhim of Great Britain ; may go in conjundlion with right ; is matter of more ditliculty to afcertain, and of more danger to decide. If the provinces have any rights, however much fubordinate, even this irnperium mujl be bounded by them. How- ever, I have formed my opinion on this fub- je(ft, and I will fpeak it out — if I am in an error j even error may give occaiion to the rife of truth. — But I mull firft confider thofe points of colony adminiftration, which refped: the relation in which the colonies Hand connected, as fubjed to the King, and the immediate exertions of his power. A. F 2 CHAP. I. .'< V T. ..'■ill I I , ■, •.■♦ I .( J , i.i M , ' " ' I ' ! i. , • M I. Ill •"'! 1 1 ', 'I • ■' 1 I' '■ M f ' 1' . ' . ':• ; t :J!: 'I.I I.. i'l I' J If . 1 :' 1 r ' , ■ ■1. 1:. ^'' 4 tt .. •■:!}■ ■ i.:- ' •;"'■ 't i' i '. t', ; ! '.V I. t I r I ( 68 ) CHAP. IV. i'he fevcral points of adminiftration conjidercdt cs the Ccloiiics Jlatid related to the crown. H AVING faid fo much on the liberties of the people in the colonies ; it is right, perhaps neccflary, to fay ^ I am fure it may be faid with the utmoft precifion jiiuJ convi^^lion. That the King muft retain in lilmfelf, and in his deputy fet over them, in his government of them, all thofe fame prehcniinences, royal rights, powers and prerogati\es, whJcii are vefled in the crown, as part of the government of England : and that whenever the people, or their reprefen- tatives in the colonics, acl: towards his royal pcrfon, or towards his reprefcntative, in de- rogation of thcfe rights and powers ; they can neither be jufHiicd by right, or the confli- tLition, or even id good policy towards them- felvcs, whatever fpecious temporary reafons tlicy m.ay aillgn for it. This mode of con- dr.iir, will be permitted to a certain degree only, and for a certain time : * but will al- way in tlie end, as it alway hath in fadl done, call forth feme remedy, (fo far as relates to * '! his has been verified, fince the writing of the above, by the appointments oF faiaries to the crown olK- cers iji llie colonies, pud by the crown. the i ^:; • \- ■I'l i 'onJtJered, crown, liberties ss ; it is am Aire precifion ft retain er them, Dfe fame ^ers and I crown, nd: and eprefen- lis royal in de- ; they confti- them- reafons f con- degree ill al- done, ates to of the |wn olH- thc ■^1 ■I I I ■ ^ i '■*■■ ( 69 ) the colonlfls ideas,) vvorfc than tlie difcafc. I will inflancc in one cafe only — The con- flant rcfuTal of tlic Allemblics, to hx per- manent falaries, for the civil cUablillnnciit of government. We will therefore next review thofe fe- I'eral points, wherein the crown, or its Go- vernors, adting under its commiflion and inflrudtions, have been engaged in almoll conflant difputcs with the people of the co- lonies. Two great points which the Colonifls labour to eftablifli ; are, firft, the exercife of their feveral rights and privileges, as founded in tlie rights of an Englifhman ; and fe-- condly, as what they fuppofe to be a necef- fary meafure in a fubordinate government, the keeping in their own hands, the com- mand of the revenue, and the pay of the officers of government ; as a fecurity for thp condudl of thofe ofiiccrs towards them. t' » 1 V .*.> F3 SECTION fM' i ' ' ' it Si; ']'' ;' ■,' ( 7^ ) S E C T I O N I. Of the force li'hich the inJlriiElions that the King fupcradds to, and ivhicb the refiric- tlon by ivhich he derogates fromy the ponders .. of the charter or commijjlon of Government y ought to have ivith the people of the colonies ^ ■ and their legifiutures, UNDER the firll head, come all the difputcs about the* King's inih'udlonsj and the irovcrncr'b power, as founded on them. The King's commifTion to his governor, which grants the power of government, and dircdls the calling of a legiflature, and the cfiabliiliing of courts ; at the fame time that it fixes the governor's power, accord- jn.'^ to iho. feveial powers and diredions ^n-anted and appointed by the commiffion and infcrudions ; adds, ** afid by (\\iA\ fur- ** ther powers t injlrudilons, and authorities, ^* as ihall, at any time hereafter, be granted *' or appointed you^, under our iignet or ** ^v^n manual, or by our order in o'lr privy *' council." It fliould here fccm, that the fame pov\er which framed the comniiflion, with this claufe in it ; could alfo iffue its future orders and inJiruBiom in confcquerce thereof: but the people of the colonies fay, that tlii: inhabitants of the Colonies, are en- titled !•! ( V ) titled to all the privileges of Engllflimen : that they liavc a right to participation in tha'^ will of the community, which is to govern them, and which is to give and grnnt for them fiicli aids and fiabGdies as the pub- lic wants demand. That no commmds of the crown, by orders in council, inltruc- tions, or letters from Secretaries of State, are binding upon them ; further than they pleafe to acquiefce under fuch, and conform their oi':n aBbns thereto : that they hold this ri'jlit of let^-iflature, not derived from the grace and will of the crown, n'^d de- pending on the commiffion which t dnues at the will of the crown ; bu f/. 1.0 tut I.I 1.25 iiiiim II '-"^ ill 1-6 111=== i^ -, 6" ^ Photographic Sdaices Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 873-4503 \ V •s^ \\ fv o^ o '^^ 'j^ ^ 4»»- lU ■ I J JM*- — 111 4! il ,;,,■, ,\ . j-., )( .. 'if ■■!■ i 'f!l. l ■ !',' ''Ip ^'.!-(- ■mi,. ■ U I .M.I ll'»'' '■' u i:l •■ >* f'4'; 13 ; lii ;' •1; «.»J ''S^'fl;!- Jit::,: n J !f ( 72 ) or to be underftood, as being of no cffe^f^, {o far as concerns the colpnifts. = .. ... When I fpeak of full uncontrouled in- dependent powers of debate and refult, fo far as relates to the framing bills and pafling them into laws, uncontrouled by any power of the crown or of the governor, as an ef- fential property of a free legiflature ; I find fome perfons in the colonies imagine, that I reprefent the colonies as claiming a power of legillature,, independent of the King*s cr governor's negative, — Thefe gentlemvin knowing that it is not my intention to do injuilice to the colonies; wilh me fo to ex- plain this matter, that it may not bear even the interpretation of fuch a charge— I do therefore here defire, that the reader will give his attention to diftinguifh a full, free, uncontrouled, independent power, in the adt of legiflation ; from a full, free, uncon- trouled, independent power, of carrying the refults of that legiflation into effed:, inde- pendent either of the Governor's or King's negative. The firft right, is that which I reprefent the colonics claiming, as a right eflf.ntial to the very exiftence of the legifla- ture : The fecond is what is alfo eflential to the nature of a fubordinate legiflature, and what the colonifts * never call in queftion. That therefore the point herq me.*nt ^p be H.' .. * 1764. ftated "», R 'H -i *( 72 ) dated as in debate, is ; Whether a fubordi- nate legiflature can be inliruded, reftrided, and controuled, tn the "very aEi of legiHa- tion ? whether the King's inlirud:ions, or letters from fecretaries of ftatc, and fuca like fignifications of his Majefty's will and pleafure; is a due and conftitutional appli- cation of the governors> or of the royal ne- gative ? * — Or whether in fa<5l or deed, the people of the colonies, (having every right to the full powers of government, and to a whole legiJJative power ,] are not under this claim entitled, in the powers of legiflature, and the adminiftration of government, to ufe and exercife in conformity to the laws, and in fubordination to the fovercignty of Great Britain, the fame, full, free, inde- pendent, unreftrained power and legiflativc will, in their fever al corporaHons under the King's commiflion and their refpe^tive charters, as the government and legillature of Great Britain, holds by its conflitution. and under the great charter. \rt Every fubjcdl, born within the realm, (under the freedom of the Government of * The colonifls conflantly deny this — and minldry, fothf^rwife Aich inftruftions would not be given,) con- ftantly maintain it. After experience of ttie confufion and obftru i<,]i,'Vi ' t 'i^ tirllf ( 76 ) fiich in their charters. It does not remove this difficulty, by faying, that the crown has already in its hands the power of fixing this point, by the efFed of its negative given to its governor. It is faid, that this inftrudtion is not meant as a reftridlion upon, but is an indulgence to the legiflatures ; and that if the crown fhould withdraw this inftrudtion ; and peremptorily reflrain its governor from enadting laws, under fuch circumllances as the wifdom of government cannot admit of; that then thefe points are actually fixed by the true conftitutional power : but that if the colonies had not this conditional in- dulgence, they would be in a worfe cafe, than the cafe complained of. Wherever it is fo faid, I muft repeat my idea, that this does not remove the difficultv. — Let us firft wave the doubt which the colonifls might raife, (efpecially in the charter colo- nies,) how far the governor ought, or ought not, to be reflricfted from giving his affent, in cafes contrary only to inftrudtions, and not to the laws of Great Britain -, and on this ground let us confider the efFedts of this meafure. In cafes where the bills, offered by the two branches, are for providing laws, abfolutely necefi^ary to the continuance, fup- port, and exercife of goveirnment ; arid where yet the orders of the crown, and the {onk of the people, are fo widdy different --^^;!n. TV- :l as im ( 77 ) as to the mode, that no agreement can ever be come to in thefe points — Is the govern- ment, and adminiftration of the government of the colonies, to be fufpende'd ? Is the in- tereft, perhaps the being of the plantations, to be hazarded by this obftinate variance ? and can that exercife of the crown's nega- tive, in fuch emergencies, and w^ith fuch effed:, ever be taken up as a meafure of ad- miniftration f And when every thing is thrown into confuiion, and abandoned even to ruin by fuch meafure ; will adminiftra- tion juftify itfelf by faying, that it is the fault of the Colonifts ? On the contrary, this very ftate of the cafe, fhows the necef- fity of fome other remedy. In the courfe of examining thefe matters, will arife to confideration, the following very material point. — As a principal tie of the fubordination of the legiflatures of the colonies on the government of the mother country -, they are * bound by their confti- tutions and charters, to fend all tbeir a6is of legiflature to England, to be confirmed ory abrogated by the crown : but if any of the, legiflatures ftiould be found to do almoft: every adt of legiflature, by votes or orders ; even to the repealing the efFeds of ads ; * This hath been made a matter of doubt in fome of th^ chai^ter colonics. fufpending 1 „i ', . "1 '.. . ,.i V. ; ^ / !■■-;'■(. 'X-^: *^: i. ■HI. -3 ■1 'j ,'^ ■Mr im&'i 1: •!:;:?■ •I '^'■A\ iiffir' nil ' !.; "■'■ I- '^.?'' A L .1' I'li'i.- '' ',k , ■* ■ ( JrS ) Aifpending eftablifhments of pay ; paying fervices , doing chancery and other judica- tory bufinefs : if matters of this fort, done by thefe votes and orders, never reduced in- to the form of an adl, have their effed:, without ever being fent home as ad:s of le- giflature, or fubmitted to the allowance or difallowance of the crow^n; if it ifhould be found that many, or any of the legiflatures of the colonies, carry the powers of legifla- ture into execution, independent of the crown by this device, — it will be a point to be determined how far, in fueh cafes, the fubordi nation of the Icgiflatiires of the co- lonies, to the government of the mother country, is maintained or fufpended — or if, from emergencies arifmg in thefe govern- ments, this device is to be admitted ; the point, how far fuch is to be admitted, ought to be determined : and the validity of thefe votes and orders, thefe Senatus-Confulta, fo far declareJ — For a point of fuch great importance, in the fubordination of the co- lony legiflatures ; and of fo queftionable a caft, in the valid exercife of this legiflative power ; ought no longer to remain in quef- tion. i. 1 • ■*--■» < in: -I i SECTION v> ( 79 ) SECTION ir. J ■ 'i Of the manner of providing for the fupport of , the Kings gover?iment in the Colonies. THE next general point yet undeter- mined ', the determination of which, very eiTentially imports the fubordination and dependance of the colony governments, on the power of the king -, is, the manner of providing for the fupport of govern- ment, and for all the executive officers of the crown. The freedom and right effi- ciency of the conftitution require, that the executive and judicial officers of govern- ment, fhould be independent of the legif- lative; and more efpecially fo in popular go- vernments, where the legiflature itfelf is fo much influenced by the humours and paf- fions of the people : for if they are not; there will be neither juftice nor equity in any of the courts of law ; nor any ef^-cient execu- tion of the laws and orders of government in the magiftracy : according, therefore, to the conftitution of Great Britain, the crown has the appointment and payment of the fe- veral executive and judicial officers -, and the legiflature fettles a permanent and fixed ap- pointment, for the fupport of government, and the civil lifl: in general : The crown therefore has, a fortiori, a right to require of /■I'' 'f^: i V . . . * ■ •4 ■ Mr * ■ 1 "• M 4 - , !' ^ ♦ ■ . 1 f 1 II 'I Ill'' "i';i-: !l,w.i'!:;iij, ^i''i!"t|1'if!'iii, 'i III'''' Afi-l: ( 8o ) of the colonies, (to whom, by its commif- fion or charter, it gives the power of go- vernment ;) fuch permanent fupport -, ap- propriated to the o^ces, not the queers of go- vernment ; that they may not depend upon the temporary and arbitrary will, of the le- giflature. ' ^ ' t{ V •• The crown does, by its inftrudions to its governors ; order them to require of the le- giflature a permanent fupport. This order of the crown, is generally, if not univerfally rejec'led, by the legiflatures of the colonies. The ailemblies quote the precedents of the Britifh conftitutiun; and found all the rights and privileges which they claim, on the principles thereof. They allow the truth and fitnefs of this principle in the Britifh conftitution ; where the executive power of the crown is immediately adminiftered by the King's Majefly : yet fay, under the cir- cumQances in which they find themfelves ; that there is no other meafure left to them, to prevent the mifapplications of public mo- ney, than by an annual voting and appro- priation of the falaries of the governor and other civil officers, ilTuing from monies lodg- ed in the hands of a provincial treafurer, ap- pointed by the aflemblies : For in thefe fub- ordinate governments, remote from his Ma- jefty's immediate influence, adminiftered of- tentimes by neceffitous and rapacious go- i vernors. . :l'r ( s< ) vcrnors, who have no natural, altho' tliey have a poHtical connection with the country, experience has Ihcwn that llich governors have milauphtd the monies raifcd for the llipport of government, ih that the civil of- ficers have been left unpaid, even after hav- ing been provided for by the ailcmbly. The point then of this very important qucflion comes to this iflue ; Whether tl\e inconve- hiencies nrifing from, and experienced by fome inflances of mifapplications of appro- priations ; (for which however there are in the King's courts of law, due and fufficient remedies againft the offender;) are a futH- cient reafon and ground for cllabl idling a meafure fo direcflly contrary to the Britifli conftitution : and whether the inconvenien- cies to be traced in the hiflory of the colo- nies, through the votes and journals of their legiilatures ', in which the fupport of go- vernors, judges, and oflicers of the crown, will be found to have been withheld or re- duced, on occalions, where the aflemblies have fuDDofed that they have had reafon to disapprove the nomination, — or the perfon, or his condudi — whether, I fay, thefe incon- veniencies have not been more detrimental, and injurious to the government of the co- lonies themfelves, than any temporary in- conveniencies which might arife v/ithin the period for which fuch ellabliHiment is fix- VoL. I. G ed : " ^ ^ ■ W'v \ , ■i ^ . ' j* ;i ■I- 1 ■' "' ' V 1 i \ •-M' ■;ff' mid 1 , 1. '' ',' i 'I'V Ik] :L|i •I Ml :"!> 'h'li Ujll Is" 'fil;- i'> •('•■> I iii.;H i :!;:'t;!''^!:ih: 1 lli','- ''^^-il-' ( 82 ) cd ; and whether, in (lead of thclc colonic* being dependent on, and governed under, the officers of the crown ; the fceptcr is not revcrfed ; and the otlicers of the crown de- pendant on, and governed by the alTemblies. The Colon ills themfelves allow that this meafure * ** renders the governor, and all ** the other fervants of the crown, depcn- ** dant on the allembly." — But the opera- tion of this mcafure does not end here : it extends to the affuming, by the ademblies, the adUul executive part of the government in the cafe of the revenue : than which, no- thing is more clearly ar^d unqueflionably fettled in the crown. In the colonies the treafurer is folcly and entirely a fervant of the allcmbly or general court: and although the monies granted and appropriated, be, or ou^ht to be, irranted to the crown on fuch appropriations ; the treafurer is neither named by the crown, nor its governor ; nor gives fecurity to the crown or to the Lord High Treafurer -, (which feems the mofl proper;) nor in many of the colonies, is to obey the governor's warrant in the ilfue ; nor accounts in the auditor's office; nor in any one colony, is it admitted, that he is liable to fuch account. In confeqiience of this fuppofed neceffity, for the aflembly's ■ ■ ! * Smith's Hitlory of New York, p. ii8. .tivirn.; takino' Vi 3wn on { S3 ) taking upon tlicm the ndininlftratlon of the trcafiiry 'And revenue ; the govcnior and fcr- vants of the crown, in the ordinary revenue of government, arc not only held depen- dant on the affembly j but all fervices, where fpecial i^.ppropriations are made for the cxtriiordinarics which fuch fervices re- ijuire, are actually executed and done by comminioners appointed by the aflembly ; to whofe difpofition, fuch appropriations are made liable. It would be perhaps invidi- ous, and might tend to pre -judging on points, which ought very ferioufly and dilpaflionate- ly to be examined ; if I were here to point out, in the feveral inftances of the iidtual execution of this aflumed power, how al- mort: every executive power of the crown, lodged in its governor, is, (where money is neccllary,) thus exercifed by the afTembly, and its commiflioncrs — I therefore reft the matter here. In the firft edition of this bxDok t pointed out the meafure of che government's fettling fixed falaries on the officers of the crown in America, independant of the people. I afterwards withdrew this propolition ; from an apprehenfion of the evils which might arife to the fervice, by thefe fixed and per- manent falaries having a tendency to ren- G 2 der y... 1, ■ ' l-.'l •! t /■,. !*'■ <■: miiH ['■ '^ m ■ ! fit" \"U '■' ^^:'^Vi■:|;!:,^■ fc-tf ,:?;■: ill .l^: ■■ IM k' ■ ll )'l ■ iTji ''ill .'it' i.'v.'W':,! hr.'t: ; ( 84 ) der the chief offices finecures. This mea- fure, hath been fince eftabliflied by parlia- ment. But why, thofe who had the condu6l of it, would not admit a claufe, providing that fuch falaries hereafter to be ellablifh'd^ fliould be given to no perfon but to fuch as adlually executed the office, is not very eafy to conceive -, unlefs from fuggeilions that one would not willingly take up, againffc the integrity of their intentions — If that a6t fhould ever be explained, or amended by any fubfequent law, it is to be hoped that this claufe or provifo, will not again be omitted. The fame motive, and reafon which weigh'd with government, to adopt this meafure of fixing falaries for the civil of- ficers of the crown in America during the time of their ferving -, fhould operate, to in- duce government to take one ftep further, in order to render the meafure quite effec- tual ', that is, to fettle fome half-pay or other penfion, on fuch officers as are from age or ill health removed ; or after long Tervices in that country, are permitted to return home. The appointments of the governors, &c. are fuch, wherein no for- tunes can either be made, or faved with honour.— If they have no fortunes of their •:^i- : :* , own. IS mea- parlia- :ondu(5t oviding iblifh'd, fucli as sry eafy ns that again ft If that mended ' hoped t a2"ain which pt this vil of- ng the to in- urther, eiTec- ipay or e from |r long ted to )f the for- with their own. ( 85 ) own, they mufl, after their fervices, return home to ftarve. " There is no man" (fays an American ; the intelligent author of the Hiflorical Review of Penfylvania) ** long, ** or much converfant in this overgrown ** city [London] who hath not often found •' himfelf in company with the fhades of '* departed governors, doomed to wander *' out the reiidue of their lives, full of the ** agonizing remembrance of their pafl *' eminence, and the fevere fenfation of " prefent negledl. Sir JVi!lia?n Keith, upon " his return, was added to this unfortunate *' lift ; concerning whom, the leaft that *' can be faid is, that either none but men of fortune fliould be appointed to ferve in fuch diftinguifli'd offices ; or other- wife for the honour of government itfelf, fuch as are recalled without any notorious imputation on their conducfl, fhould be prcferved from that wretchednefs and contempt, which they have been but too frequently permitted to fall into, for want even of a proper fubfiftance." — The means of avoiding this wretched iflue of their fervice, by making up a fortune to live on, when they fhall be recalled, is a temptation which ought to be removed from this fituation, by thofe who regard the King's fervice, even if they have no feelings of compaffion for his fervants,^^A fmall G 3 pittance << (( €< (S {< (C tc <( t( (.. l'»'! ':#'■ t,i •■ ^ii. «t ■?.v:;( ;-i:|.:, t s . I - . I / 1^1 5.1!; I \My: ■'.,', 1 8 'h' \ r?Kl«:.;i Cl 1' '? f it' i I ,) I.' s, mm 'ii"'j ' IIN: i- ril'i., ,' fi;;! i:|;'^■■ ■ummv . '-{1 *'!!'■" ';•.!? - ( 86 ) pittance would pay this 3 and that very fam might engage the fervices of thefe half-pay officers, in a way not unufeful to govern- ment. -r-They might, in confideration of this pay, be direded to attend the Board of trade (or whatever board or officer was, for the time being, the adting minifler for the bufinefs of America,) in order to give ex- planations, or opinions, as they fhould be required : or even to report ; if ever they fhould be thought worthy to have any mat- ter, requiring a report, refer 'd to them : and they might be formed into a kind of fubordinate board for this purpofe.— The benefit of fuch a meafure needs not to be expatiated upon ; and to explain the opera- tion of it, would be too minute a detail fcff the curfory mention which I here make of it. SECTION III. Of the Kings delegation of the miHtary pow- er, both conjular and diciatorial. T is a duty of perfe^fl obligation from government towards the colojiico, to preferve the liberty of the fubjedl ; the li- berty of the conllitution : It is a duty alfo of prudence ifp government, towards itfelf ; as fuch condu<^ is the only permanent and fure ground, whereon to maintain the de- -..•_. • ; pendancc k V-: t' i' i 'cry iuin lalf-pay govern- tion of loard of /as, for for the ive ex- )uld be sr they ly mat« them : dnd of. ~^The : to be opera- ail fart make fow^ from 3, to ■':; iC li- ^ alfo J tfelf^ ■f : and ^de. bncc 1 ( 87 ) pendance of thofe countries, without de- ilroying their utility aj colonics. The conftitutions of thefc communities, founded in wife policy, and on the laws of the Britifh conftitution, are eflablilhed by their feveral charters -, or by the King's commiffion to his governors, being in the nature of a charter of government. In thefe, all the juffc powers of government are defcribed and defined ; the rights of the fubjedt and of the conftitution declared -, and the modes of government agreeable thereto eilabliflied. As thefe pafs under the great feal ; no jurifdidlions or offices will be in- ferted in the powers granted, but what ar« agreeable and conformable to law, and the conftitution of the realm. Although the King's commiffion is barely a commiffion during pleafure, to the perfon therein named as governor ; yet it provides for a lucceffion without vacancy, or interregnum ; and is not revoked but by a like commiffion, with like powers : It becomes the known, efla- blifhed conftitution of that province which hath been eftabliftied on it ; and whofe laws, courts, and whole frame of legiilature and judicature, are founded on it : It is the charter of that province : It is the indefea- fible and unalterable right of thofe people : It is the indefeafible right by which thofe ■'••■•' ' • G 4 colonic?, T- '■ ...^ I • 'I It f ! r-> '•■ .;>■•"< i':Ji:.:|-;!'- i 1. *!>■,'■ ■!t^: :|; „ ill*! j ,,r;, .., t . ij 1: : Ii':*!'! Biqi:*i i'^'iS- ' •* ' r- 'k . '"■■ {w ■■■;t,' .'jT' m : if''-- ; , ( 88 ) colonies, thus eilablifhed, are the colonies of Great Britain ; and therefore not to be altered, but by the fame means as any re- form or new efiablilliment would take place ill Great Britain ; It cannot, in its effcntial parts, be altered or abated by any royal inftrucftions or proclamation ; or by letters from fccretarics of Hate : It cannot be fu- perfedcd, or in part annulled, by the ifTu- ing out of any other commifllons, not known to this conflitution. In thefc charters, and in thcfe commif- fiORS, the crown delegates to the governor for the time being, all its conftitutional power and authority, civil and military — - the power of legillation, fo far as the crown has fuch — its judicial and execntive powers; its powers of chancery; admiralty jurifdic- tion ; and tliat of fupreme ordinary. — All thofe powers, as they exiil and reiide in the crown, are known by the laws and courts oT the realm : and as they are derived to the governors, are defined, declared, and patent y by the charters and commifllons pa^ tent. It is therefoiX the duty and true inr terefrs of the Colonics, to maintain thefe rights ; thefe privileges ; this conftitution ; It is moreover the duty and true intereJfl of King, Lords, and Comm.ons, to be watch- ful over, to fupport and defend, thefe rights ' ■ of 'ill' ■>•■ . i colonics it to bq any re- ^e place elicntiai y royal r letters be ill- he ifTu- : known ommif-. overnor LUtional itary — - crown 'owers; rifdic- .—All in the courts vcd to I, and s pa-- ue inr thefe tion ; eft of atch- "ights of ri t: ( 89 ) 0f the colonies : It is the duty of admlni* flration, to have conftant regard to the ex- crcife of them ; otherwife ** it will be found " a dangerous thing to have given fo much f' of civil power out of the King's hands ; " and to have done fo little to maintain " thofe into whofe hands it is entrufted." How far the eftabliihment of the office and power of a military commander in chief, not fubordinate but fuperior to thefe confli* tutional commanders in chief — how far the fiiperfeding of the Confu/ar power of the Governors, by eftablifhing, not for the time of war only, but as a fettled fyftem, this DiBtitorial power ; with a jurifdidion ex- tending over the whole of the Britifh em- pire in America — is conformable to law, to prudence, or found policy — is matter of very ferious confideration, to thofe who re- gard the liberties of the conftitution. All military power whatfoever, as far as law and the conflitution will juftify the ef- tablifhment of fuch, is refident in the efta- bliilied office of governor, as Captain gene- ral and commander in chief. There is no power here granted, but what is fpecified and defined by the nature of the conftitu- tion. The fubjed: and ftate is duly guarded againft any extenlions of 'it, by the feveral laws which the legillatures of the feveral 7 colonies Si'.;"; \'^ ... 11'-' i ■ t /.* : •)! ; :'.r;t ill f; } ii iv: .vil ■■:^;^i^ !■ ■I!;;,, i:iii^ii:;:-f ^. 1.; "t! !': > 'iiif'.'!} i'' H*i?l' I ffri'if'tlY-- '•('■'■d ( 90 ) c(^]onies Iiave provided to limit that poWer : and it can be exerciied by none but fuch pitrlons as are within the jurifdidlion of the province i who deriving their powers from the fiipreme powers, are amenable to the !aws of the province; and to the governor, who is himfeif fpecially refponfible for the Iruft. This power thus limited becomes part of the constitution of the province ; unci unkfs thus limited, and thus coniidered as oart of the conilitiuion of the povern- X o ment -, it may be matter of great doubt, whether the crown would be advifed to eredl any military powers whatever. But under fuch limitations, and as a known eftablifhed p^trt of the conftitution : the crown may iafely grant thefe powers, and the people lafely live under th^m : becaufe the governor IS ** required and commanded to do and •* execute all thin-gs in due manner, that '' fliall belong unto t/:/e tn./Jl repofed in him, '^ according to the feveral powers and au- **^ thorities mentioned in the charter." — That is to fay, according to thofe pov/ers, which in charter governments are exprefsly part of the conftitution : and which from the very nature of the comrmfjion patent^ in fuch conftirutions as are called King's go- vernments, are likewife to be confidered in the iATCit light.— When this military branch of the governor's office, is eilabliflied and received I 1 f' '■(II I' •ill ' 1 ,,ll 1 :,!) ^' • I ! I' ■ i '■ If v ..;'!4'n':"?': ,i,(. „ 1 ,., 'I ■ ''I-'. '^"1 1 jiiil^ ( 92 •) (ierlvcd from, the cflcibliihmcnt of ihtlr conftltutioii of govcrnnicnt ? This is a qucf- tion that it would behove the crown law- yers v/cll to confider ; whenever it Ihall be referred to their confideration. If every military power that can legally be included m any 001:1 mi 11 ion wliicli the crown will be advifed to iiiu-e, is already included in the ofhce of governor, as part of the conflitu- tion of thcfc provinces and colonies ; what commiflion can fuperfede the fame, or give povvxr to any other officer than the governor, to exercife thefe powers within uieh pro- vince ? It was fuggeiled by the writer of thefe papers at the beginning of the late war ; that if the nece[]ity of the cafe in time of ivar urged to the appointing a military commiinder in chief of all North America, who fliould command all military opera- tions, and prefide in general over all military eflabliihments for the j^^eneral fervice, inde- pendent of, and fiiperior to, the powers and authorities already granted to the governors and captains general of the provinces, — it was fu;:rrA'fled ; that no commifiions under the private feal and lign manual, could fu- perfede, revoke, or take precedence, of thefe powers granted by letters patent under the great feal ; and it was determined accord- ingly, that the military commander in chief mult have his commiflion patent under the great ,'f'J of tlitir is a qncf- 3vvn law- lliall be If every included n v/il\ be d in the conftitu- is ; wiiiu or give governor, leh pro- .vriter of the late } in time military ^Linerica, opera- military inde- ers and vernors es, — it under Id fu- thefe ler the iccord- II chief ler the great e,-> ( 93 ) reat feal. But when it came to be conii- dered, what powers Ihnuld be granted in this commifilon ; the wifdom and prudence of the ■•^- great ilatefman and lawyer who was then cntrufled with that feal, ilTucd the commiflion for the commander in chief, in jreneral and indefinite terms .; *' to have^ hold, exercife, and enjoy the faid oilice during pleafure, together with all the powers, authorities, rights and privileges, ** thereunto belonging, fubjecl however to fuch refiridcions, limitations, and inflruc- tions, as are given, or to be given, from " time to time, under the royal fign ma- nual, and charging and requiring all the governors, lieutenant governors, deputy governors, and prelidents of the council of the refpedtive colonies and provinces ** of North America, and all other officers ** civil or military within the fime, to be " aiding and affifling in this command." Thefe general powers, undefined and un- known, and fuch as no minifler v/ho advifes the iifuing fuch commiflion will venture to defcribe ; thefe general words, power and command ; either mean nothing, or fuppofe every thing, when a juftifiable occafion, or perhaps a colourable pietext, calls for the exercife of them. It was feen that tliefe general^ defcriptions w^ere either dangerous i\Vt rj!.)/j;> t.i * Lord Hard wick. •'.■•'' ..■•'' ', or o <( it (t it it it it it it ■i ^ ; i 1 ' -♦■ , j'J . " .,•■ 'V ■ '. I' ' t ■< • It ■..;! j'l ''Fl III ■;■*■[ if ;i ■■(': ■l.l \ ■1 -wf-i i *■■' 3 ..\.'-j . ,■,), ( 94 ) or nugatory ; and therefore the commander in chief had at the fame time, another corn- million under the private feal and fign ma- nua}, in which were infcrted all the powers for governing the forces, &c. which were not thought proper, to be included and granted by letters patent under the great leal. I am no lawyer, and do not therefore prcfunie to give an opinion of decifion ; but venture to affirm, that it ought well to be confidcred. Whether if this commiflion be noiv in time of peace interpreted to extend to any one purpofe at all, it mufl not ex- tend to much more than can be jujlified by either law or the conilitution ? Whether (the conftitutions of the provinces and co- lonies remaining) the office of a commander in chief, cxerciling fuch powers as are fup- poled ncceflluy to the execution of that com- mandy can be eftabliflied over all North America ? Thefc military powers, as they ex ill in the governor's commiflion ; exift and mufl be exercifed under the civil limi- tations and regulations of the conflitution : nor can any law martial, or any other mili- tary ordonnances be publifhcd, without the concurrence of the other branches of the le- giilature. — But the difference of this di&a- torial power, of a military commander in chief, and the confular power of the provin- cial governor, cannot be better defcribed, 4 than V ::^ '■♦ nmander her com- lign ma- c powers ich were ded and he great therefore ion; but ell to be iflion be 3 extend not ex- llijied by iVhether and co- mander lare fiip- ^at com- North as they ; exifi: 1 limi- tution : r mili- loiit the the le- diBa- der in rovin- ribed, than ) •-' ( 95 ) tlian in the follow] iig pailage : Ea potcjias (Jalicet dictator la) per Jh latum more Rqiiuihq magijlratiii maxima permit t it ur, cscrciium pa-" rarCi bdlum gcrcrc, cocrccre omnihus modis focios at que civcs : domi imlitiivqiic impcrium atquc judicium Jhnmum habere : aliter fine popull jujju nulims earum reriim conjuli jm di ■*• ... . . If it Hiould upon confideratlon and ad- vice, (of which I am no judge,) be found that the dictatorial power and command of a military commander in chief, fuperior to the provincial governors, (however necef- fity, in time of war, might juilify it, ;.v quid refpublica detrtmenti capiat i) is not a- grecabie and conformable to law, and to \\\^ conftitution either of Great Britain or of the colonies in time of peace ; it may be fuppofed that fuch will not be continued in time of peace ; and that as foon as the -f- hof- tile ftate of Indian aflairs ceafes, this power will be made to ceafe alfo. In the confiderations above, I have iMg- gcfted the doubt ; whether this commiffiQn * Salluft, Bellum Catilinarium. t rhe firft edition of this book was publiflied dunnj^ the continuance of the hoftilicies of the Indians, after the General Peace amongft the Europeans. Tl:3t hath ceafcd. But the military eftablifliment remains. '.ij ' m ' .: i 'V :i; ■ ■!.l I, . ::uU mav 4 ;|fy:.^^ *■ '.^ '"«■' 'J'i^: '*''!-'' .1:*'" !)i: m ' ' ' • 1! 1. J! til;. ;^' i; :.'■■« ,.' ^£ I t 1 ii ." Ill 4\ 'm 'i .. L ( 96 ) fnay be right, as to law and the conflltu- tion — But if there be only a doubt of its le- gality ; and there no longer remains an ab- folute necefllty for the continuance of it ; I think it may be fairly made to appear, that neither prudence, nor found policy, can juf- tify it. Such powers, with fuch a command, may on one hand, be dangerous to the liberty of the fubjed ; to the liberties of the confti- tution of the colonies ; and even to the ftate en the other hand. For there arc no people in the whole world, (when their liberties fliall become infedted and undermined,) fo liable to become the in- flruments of dominion ; as a people who have lived under a free and popular go- vernment. This has been the fate of the free flates of Greece and Italy : this the fate of Rome itfelf : — But may heaven a- vert, that this ever becomes the flate of the Britifh colonies ! . There is not, there cannot be, any dan- ger in this power at prefent, but thus planted, when it comes to grow, when it has taken root, and has fpread its branches through the land, it will foon overtop and overfliadow, all the weaker, humbler fhoots, of civil liberty. Set once this lord cf the forcfl, on a permanent foot- « conrtitu- c)t* its le- IS an ab- of it; I ear, that can jul- ind, may iberty of z confti- i to the here arc (when l:ed and the in- )le who liar go- ; of the :his the :avcn a- of the ly dan- it thus 'hen it punches )vertop nmblcr le this foot- ■; i ■ .3 ( 97 ) Jng; it will foon have, as Mr. Harrington fays, '* Toes that have roots, and arms that *' will bring forth what fruit you plcafe," It is a common obfcrvation j but it is as trivial as ( omniuii j which fuppofes the dan- ger of the colonies revolting, and becoming independent of the mother country. No one colony can by itfelf become fo — and no two, * tmcier t/jc prefent jlate of their conjli^ tutions, have any pofTible communion of power or intereft, that can unite them in fuch a meafure . they have not the means of forming fuch : they have neither legiflativc nor executive powers, that are extended to more than one : the laws of one, extend not to the other : they have no common magif- tracy, no common command : in lliort, no one principle of afTociation amongft them : On the contrary, the different manner in which they are fettled ; the different modes under which they live -, the different forms of charters, grants, and frame of govern- ment which they poffefs ; the various prin« ciples of repullion that thefe create ; the different interefts which they aduate ; the religious interefts by w^hich they are aduat- cd J the rivalfliip and jealoufies which arife from hence, and the impracticability, if not impoffibility, of reconciling and accommo- * Written In 1764. They havx fince found a prin« ciple of Aflbciation by Deputies mst in Congrcf;>. Vol, I. H dating ♦ , • 'vW'k- S! y ^v ■ fm '■.i^ mM (5l^ !■■ .1 !■ :•" :■ iM ■ ■.U"A' ' ' ■- ' Ml ( 9^ ) diUing tliefe incompatible ideas and claims ; will keep the feveral provinces and colonies, perpetually independent of, and unconneded with each other 3 and dependent on the mother country. This military commif- iion going over the whole, has hi this light danger in it, which is that of furnifhing them with a p7'inciple of union, difunited from the civil conftitution. If ever the co- lonies revolt, and fet up an empire in Ame- rica ; here begins the hiftory of it : from this period, as from the firil dynufly, will future hiflorians deduce their narrative. When the government of Rome took up the falfe policy of eftablifhing and continu- ing, in time of peace, military commanders in chief in their provinces ; the people of the provinces became an army ; and that army fubverted the empire, " By how much the more remote (fays Machiavel) their wars were ; by fo much they thought thofe prorogations more convenient ; by which it happened, that the commander might gain fuch an intereft in the army, as might make it difclaim the power of the fenate." Publius Philo was the firft to whom his military commiflion was prolonged : and this precedent once fettled i we hear next of the foldiers in Spain, declaring L. Marcius imperator in the field. Res fnall exempli im- peratores legi ab exercitibus et folenne aujpica^ torum comitiorum in caflra provi! pro- cu I iS •>• '1 'm claims ; :olonies, Dnnedled on the commif- his light irnifhiiig difunited r the co- in Ame- t : from ifly, will ive. took up continu- manders eople of nd that By how chiavel) thought nt ; by inlander my, as of the whom d: and next of Vlarcius ?p/i />;;- ufi)ica- lis, fro- cu I ■ :.■ V', 4 «( (C (( it ti cc (( (C ;-; ■r ■'11 :.\ ■ ■■*;• L ■ j: I; k '-' : . -J ■•!•■' ,;£■':■ '• I'- Dl ''i -■m'^ 'ill I. ai^ 'i>'t ,'!, k' ,i ■ ' ''it' : m',..i I ^iW! ( 100 ) fi''itifi I fion, there fhould be found eftabliHied, by repeated and continued cuftom ; by iinrejijied f re cedent s ', the office of commander in chief of all North America ; not only in the pof- feflion, but in the adl:ual exercife of thefe powers : — Exercitum parare — belium gerere — coercere omnibus modis focios at que cives- — He might like another Monck, in fuch critical fituation, give the turn to the balance -, and negotiate, (either with the prince, or the people, as his inclinations and interefts lead him) for the liberties of Great Britain. — If in any future period of events, the fate of war fhould reduce Great Britain to ftruggle for its rights, its power, perhaps, its fafety ; on terms hardly equal, with all its force, to its fupport in Europe ^ and in the courfe of that flruggle, tliere be eftabliflied in North America a commander in chief, with an army at his command ; with a degree of au- thority prefiding over the civil power, and civil governors -, with an extent of command capable of affociating and uniting a number of powers, otherwife, incapable of fuch union — if fuch a man, at fuch a crifis, fhould have ambition enough to wifh, and fpirit enough to dare to fet up an independ- ent empire in America; he could want, in fuch crifis, no fupport that a w^ife and artful enemy to Great Britain v/ould not give him : Nunc illud ejje tempus occupandi res dum turbata omnia nova atque incoiiditd libertate cj/ent, du?n regis Jlipendiis pajlus obz'crfaretur 5 7mles^ d, by rejijied L chief e pof- thefe rere — r— He ritical ; and )r the ts lead ti.— If "ate of ruggle afety ; rce, to irfe of SJorth h an f au- and mand mber fuch Icrifis, and end- t, in rtful give IX dum ^rtate \retur milcsy ■ \ ( loi ) ml/a, dum ab Annibak m'ljjl duces affucli militia bus jiivare pojfcnt incepta'^' . The enemy could not wilh better ground, than fuch ?n eflablifhment, fo circuinflanced, at fuch a crifis ; nor could take a more effedlual mea- fure for the ruin of Great Britain, than fet- ting up and fupporting an American empire ; for there could be no doubt of the fuccefs of the meafure, and no doubt of its effedt. The prefent government found, already eflablifhed, from the necefTity of things in the ftate of the laft v^ar, fuch a power — and as the effedls of that war in America, can not be faid wholly to ceafe, "f- while the In- dian affairs wear fuch an hoflile appearance ; this power is for the prefent continued : But v/e may confide in the true genuine princi- ples of liberty, which animate the royal breaft; we may trufl: in the wifdom and prudence of the King's miniftry, — that no fuch officer as that of a military commander in chief, prefiding over all North America, and preceding in military matters, and in the power necejjary to the execution of that commaJidy the conftitutional power of gover- nor — we may truft, J I venture to fay, that no fuch office will ever be made an eftablifli- * Liv. lib. 24. § 24. t This is not the cafe now, 1768. X I could venture to fay fo much when this was flrft written, and had grounds for what I faid, in the year II 3 ment. !'*v '.ylP Fl^f t ''V- ■ ' ' .1 . ' . -■ ■.* '•* , - '. T 1 "■ , ■. . *' ' ' :' ■ f \t , w ■ - *. . ■ ' '1' ' ■■ •■ 1 ' . . .i <• 1 - ■ i ■' ,0;.; ■ '■J V J 1 '1. ' K I'l ' . i ■' ■> "■ 1 ■ ■ t i' . ( ■■■■H- ■A-'-\ ' ,4 ; ;> ,, ,,. \y ''■: ''''/ Mv. '5 ■'"^ ■ ■ 1; ' 1 : r *,■■ .■!k:. mi -^ mi itm- .!* 5^- If ! 'I :K' '■■ f! I 1.1 ' K. I If-'- '! ■ 'f ' 't h:k" V^i IMA ■V: ". ]■ ( i02 ) ment, in time of peace. Regular troops arc in the fame manner and degree neceffary in North America, as in Britain or Ire- land — but we fhall fee them eilabliflied there, under the fame relations to the civil power as in Ireland; we fhall fee again the civil governments ; as eftabliflied under commiffions patent, and charters; predo- minate. If I, a private perfpn, and wholly removed from all advice or confultation with miniflry, might be permitted to in- dulge a conjedure ; I would fuppofe, frora fome leading meafures which are already taken, of dividing the American army into commanderies, and putting a flop to draughts on general contingencies ; that the danger and expence of the office of commander in chief, will foon ceafc : and that the feveral commandants of the troops appointed, each to their refpedive diflrifts, having every power neceffary for the difcipline and govern- ment of the regular forces under their com- mand ; will be eflablifhed in the fame rela- tion- and fubordination to the civil power of that government, within which their com- mand lies; as the commander in chief in Ireland, flands to the fupreme civil power of Ireland : — and that as a commander in chief of thofe forces, may in cafe of the com- mencement of hoflilities, or of adlual open war, be again neceiTary— if fuch neceffity appears firft here in Europe; his Majefly will j 103 ) will immediately appoint fuch : and that if fuch necellity fhould appear firft in America, there will be proper provifion and regula- tions made, for the giving effect to fuch ne- ceiTary powers ; without leaving it to the judg- ment or will of the anny, to Jay when that is neceffary, or what powers in fuch cafe, are ne- ceffary. — The feveral governors of the colo- nies fhould have inilrudtions, in cafe of fuch emergency, to meet ; and in council to give effedt to this command ; with fach powers as they fhall judge neceffary and fafe to a General commanding in chief, until his Ma- jefty's pleafure can be known .; that is to f ly, power of engaging in general expences ; of ordering embargoes ; of demanding veffels and carriages ; of calling upon the feveral governments for their aid in troops, &c. i of preparing an army ; of taking poffeflion of all pofts, forts, and caftles ; (which, in the ordinary courfe of the King's charters and commiffions patent to his governors, muft otherwife be under their commands ; — and cannot be taken from them, unlefs the char- ters of the government can be fuperfeded) and of having the command and difpofal of all military ftores : — none of which powers ought to refide in any one office, whofe ju- rifdidtion extends over all North America, and precedes the civil power of governor — unlefs in fuch cafe of neceffity — unlefs con-, firmed (until his Majefty's pleafure can be H 4 known) i % '•I ' r 1: *.i i' *}■.■ "V ' f* •; f ,'i. }•■ ! f" . m ,i'{; !|:;!J.^ h ■^r.m ^'^■..li: !ii ( 104 ) known) by fuch council; and under fuch reftridlions, as the prudence of that council would fee proper ; Under fuch an eftablifh- ment, every cafe of fervice that could arife, is provided for; and every cafe of danger that might arife from a predominant military power, is guarded agaijilL I muft the rather fuppofc that the mili- tary eftablifhmcnt, will have that mode given to it; as already the commander in chief, (as the commifTion now Hands,) is fpecially in- ftrutfled, in " making any fuch preparations as fhall be necefHiry, and are not contained in his general inflrudions, that he fhall take the opinion and ailiftance of the governors." SECTION IV. T/je State of the Courts of judicature. A Review and fettlemcnt of doubted points, is no where more neceflary, than in the maxims and rules of their law, and the ftate of their courts. It is a rule uni- verfally adopted through all the colonies, that they carried with them to America the com- mon law of England; with the power of fuch part of the ftatutes (thofe concerning eccle- liaftical jurifdidion, and the local municipal regulations of the realm, excepted) as were in force at the time of their eftabli(hment : but, as there is no fundamental rule, whereby to er fuch council lablifli- Id arife, danger military e mili- le given ief, (as ally in- irations ntained ill tak tiors." 're, •ubted jeflary, law, uni- ), that icom- fuch ^ccle- icipal I were lent : pre by to ?4 I .1 ( 105 ) to fay, what llatutes arc admifTible, and what not ; if they admit all, they admit the full ellabliflimcnt of the ecclefiadical jurifdidion, from which they fled to this wilderncfs for refuge. — If they once make a dill:ind:ion of admitting fome, and rejecting others -, who fhall draw the line, and where fhall it pafs ? Belides, as the common law itfelf, is nothing but the practice and determination of courts on points of law, drawn into precedents ; where the circumftances of a country and people, and their relation to the ftatutes and common law differ fo greatly j the common law of thefe countries, muft, in its natural coui fe, become different, and fometimes even contrary, or at leafl incompatible, with the common law of England; fo as that, in fome cafes, the determinations arifing both from the ftatute and common law of the realm muji be rejeBed, This renders the ju- dicatories of thefe countries, vague and pre- carious \ dangerous if not arbitrary : This leads necellarily (let what care will be taken, in forming and enabling their provincial laws) to the rendering of the common law of the country incompatible with, if not contrary to, and independent of, the law of the mother country ; than which nothing can be more difadvantageous to the fubjed:, and nothing more derogatory from the power of the government of the mother country ; ■*■! I %. 1^' 1?!. ' I'....: ■ •/^1 rf K' ;. (/I. ^ i i-^':; if ■:'' ;: II, ( io6 ) country ; and from that fundamental maxim, that the colonifts fhall have no laws contrary to thofe of the mother country. I cannot avoid quoting here at length, a very precifc and juft obfervation of the au- thor of the hiftory of New York. " The ftate of our laws opens a door to much controverfy. The uncertainty with re- fped: to them, renders property precarious, and greatly expofes us to the arbitrary de- cifion of bad Judges. The common law of England is generally received, together with fuch ftatutes as were enadled before we had a legiflature of our own ', but our courts exercife a fovereign authority in determining, what parts ^^ the common and Jlatiite law ought to be extended ; for it mufl be admitted, that the difference of circumftances neceflarily requires us, in fome cafes, to rejeB the determination of both. In many inflances, they have alfo extended even a6ts of parliament, pafled lince we have had a diftindt legiflation, which is greatly adding to our confufion. The pradice of our courts is not lefs uncertain than the law. Some of the Englilh rules are adopted, others re- jedled. Two things therefore feem to be abfolutely necellary for the public fe- curitv. Firft, <( a * , .7 ^-A 1 .vt7»<- maxim, contrary sngth, a ' the au- " The to much ^ith re- ecarious, trary de- mon law together jd before but our lority in nmon and for it Irence of us, in lation of [ave alfo pafTed jiflation, Infufion. lot lefs of the ;rs re- jem to )lic fe- Firfl: i^; <( ( 107 ) ** Firft, The fo-[jing an aB for fettling the extent of the Englijh laws. " Secondly, That the courts ordain a ge- " neral fet of rules for the regulation of the *' pra(^ice.'* From this reprefentation of things, by an eminent pradlitioner in thofe courts, it mufl be feen that fomething is wanting, to fix determinate ly the judicial powers. But from a further review, made by government here, it will be found that much more is wanting. — Firft, to determine (I do not at all take into confideration which way it be determined ; only I fay it will be neceiTary to determine) fome points on this head, which are, and will otherwife remain in dif- pute: but which ought, by no means, to be fuiFered one moment to remain in dif- i pute. The crown diredls its governor, to ered courts, and appoint the judges thereto.— The adual appointment of the judges, is no where direSlly difputed. — But the power of eredling courts, according to this inftrudlion, is, I believe, univerfally difputed : it being a maxim univerfally maintained by the Colo- nifts, that no court can be ereded, but by adt of legiflature,— Thofe who reafon on the fide » ■ r I' 11 ■ '» '* ■^^^v\^ i: 'I ij4'- vli i II ■' 1 :' ; i ' f r ;: )- !■ Ifi Jl !■ I .,H 1 \m: I, 'infill *^': ■^i!■ €t €i ( lo8 ) fide of the crown diy — that the crown doc; not, by eroding courts in the colonics, claim any right of enabling the jurifdidlion of thofe courts, or the laws whereby they are to adt. The crown names the judge ; ella- blifhes the court -, but the jurildidlion is fet- tled by the laws of the realm : — and * cuftoms, precedents, and common ju- dicial proceedings of a court, are a law ** to the court; and the determination of " courts, make points to be law."— — The reafoning of the Colonifls would certainly hold good, againft the eredlion of any new jurifdidlion, cllablifhed on powers not known to the laws of the realm : but how it can be applied to the oppoling the eftablilhment of courts, the laws of whofe pradtice, jurif- didlion and powers, are already fettled by the laws of the realm, is the point in ijjucy and to be determined. It v;lll then be fixed, beyond difpute, whether the crown can, in its colo- nies, eredl, (without the concurrence of the legiflature,) courts of Chancery, Exchequer, King's Bench, Common Pleas, Admiralty, and Probate or EcclefialHcal courts. If it ihould be determined in favour of the reafoning, and the claims of the Colonifls; I (liould apprehend that the coniideraticn of the points under this head, would become an cbjedt of government here, even in its legif- * Rep. 16. 4. Rep. ^1. fol. 298. lative own doc; ics, claim lidtion of hey are to ge ; ella- ion is let- : — and imon ju- ire a law nation of The certainly any new ot known it can be hment of :e, jurii- ;d by the le^ and to , beyond its colo- :e of the :hequer, Imiraltv, If of the [lonifls j ration of :ome an ts legif- lative ( 109 ) lative capacity. In which vu w it m y be of confequence to coniidcr, how far, an J on what grounds, the rights of tlie crown arc to be maintained by courts of King's Bench, &c. : and how far the revenues by courts of Exchequer ; and how i^v the crown and fub- iedt may have relief, by courts of equity.-— \{ in this view we confider the defedts which mufl be found in Provincial courts ^ thofe point out the ncceflity of the eflablifli- ment of a remedial general court of Appeal ; but if we view the only mode of appeal, which at prefent exifts ; we flirill fee how inapplicable, how inad^Kjuate that court is. I cannot, in one view, better defcrihe the defed:s of the provincial courts in thefe in- fant governments, than by that very defcrip- tion which my Lord Chief Juftice Hales gives of our county courts, in the infancy of our own government : wherein he men- tions. " Firfi^ The ignorance of the judges, who " were the freeholders of the county. ** Secondly, That thefe various courts bred variety of law, efpecially in the feveral counties ; for the deciiions or judgments being made by divers courts, and fevxral independent judges and judicatories, who << <( (( (( «( had no common interell amongft them ** in f >., ' I 'I- i w '%. f'!i;ii^.:! Eii i4 .+ !• c^ I ' ' i'-'i: 1 ■ ' r' 1 'f •I ■"lie m -'■ii •'i; ill ■ ■ > '':■■.•■ ( I 10 ) " in thc'r fcveral judicatories; thereby, in '* procefs of time, every feveral county, *' would have feveral laws, cufloms, rules, ** and forms of proceedings.—— it *< 4t it it it it " 'Thirdlyy That all the bufmefs of any moment was carried by parties and fac- tions, and that thofe of great power and intereft in the county did eafily overbear others in their own caufes, or in fuch wherein they were intereiled, either by relation of kindred, tenure, fervice, de- pendence, or application." Upon the firft article of this parallel, it will be no difhonour to many gentlemen fit- ting on the benches of the courts of law in the colonics, to fay, that they are not, and cannot be expedted to be lawyers, or learned in the law. And on the fecond article it is certain, that although it be a fundamental maxim of colony adminiftration, that the colonies fhall have no laws contrary to the laws of Great Britain ; yet, from the fluc- tuation of refolutions, and confufion in the conftrudtion and pradice of the law in the divers and feveral colonies j it is certain, that the pradtice of their courts, and their com- mon law, muft be not only different from each other, but in the confequence different alfo from that of Great Britain. In all the colonies, ( m ) colonies, the common law is recciveil as the foundation and main body of their law ; but each colony being veiled with a legiflative power, the common law is thereby conti- nually altered : fo that (as * a great lawyer of the colonics has faid) " by reafon of the '* diverfity of the refolutions, in their re- *' fpedlive fuperior courts ; and of the feve- ** ral new adts or laws made in their aflem- ** blies fevcrally ; the feveral fyilems of the " laws of thofe colonies grow more and " more variant, not only from one another, " but alfo from the laws of England." Under the third article, I fear experience can well fay, how powerfully^ even in courts, the influence of the leaders of party, have been felt in matters betwee i indivi- duals. But in thefe popular governments ; and where every executive officer is under a dependence for a temporary, wretched, and I had almoft faid, arbitrary fupport, to the deputies of the people ; — it will be no in- juftice to the frame of human nature, either in the perfon of the judges, of the juries, or even the popular lawyer, to fuggcil ; how little the crown, or the rights of govern- ment (when oppofed to the fpirit of demo- cracy, or even to the paflions of the popu- * Mr. Pratt of Boftoiij afterwards Chief Juftice of New York. lace) it! i!;f ,">" I. ,i» r , '•». ■- ' ', ' ^i' *'• mm. ' r":,r(^ ill" 1 '. T ;fK ( 112 ) lace) have to exped: of that iupport, main- tainance, and guardianfhip, which the courts are even by the conflitution fuppofed to hold for the crown — Nor would it be any injuftice to any of the colonies, to remark in this place, how difficult, (if ever pradticable) it is, in any of their courts of common law, to convidl any perfon of a violation of the laws of trade, or in any matter of crown revenue. Some of our adts of parliament diredl the profecution and punilliment of the breach of the laws of trade, to take its courfe in the courts of Vice-admiralty : And it has been thought by a very great pradlitioner, that if the laws of trade, were regulated on a practicable application of them to the ftate of the colony trade ; that every breach of them, fhould be profecuted in the fame way. That there fhould be an advocate appointed to each court from Great Britain : who, hav- ing a proper falary independent of the peo- ple, fliould be direcfted and empowered to profecute in that court, not only every one who was an offender, but alfo every officer of the culloms, who through negledt, collu^ Hon, oppreffion, or any other breach of his truft, became fuch. Here I own, was it not for the precedent already eftablifhed by fome of the laws of trade, I fhould doubt the confiftency of tliis meafure, with the general principle of liberty, as eflablifticd in the trials ;l ^5! • '.-''■ •■ ' ; ( 113 ) trials by a jury in the common law courts. If thefe precedents can reconcile thefe pro- ceedings to the general principles of liberty; there can be no more effectual meafure taken : yet fuch precedents fhould be ex- tended with caution. The defedt in mofl, and adlual deficiency in many of the colo- nies, of a court of equity ; does ftill more forcibly lead to the ncceffity of the mea- fure of fome remedial court of appeal and equity. — — In all the King's governments, fo called, the governor, or governor and council, are the chancellor, or judges of the court of chancery.— —But fo long as I un- derftand that the governor is, by his general inftrudlion, upon found principles of policy and juftice, reftrained from exerciling the office of judge or juftice in his own perfon j I own I always confidered the governor's- taking up the office of chancellor, as a cafe labouring with inexplicable difficulties. How unfit arc governors in general for this high office of law — and how improper is it, that governors fhould be judges ; where perhaps the confequence of the judgment, may in- volve government, and the adminiftration thereof, in the contentions of parties. In- deed the fadl is, that the general diffidence of the wifdom of this court, thus confli- tuted ; the apprehenfion that reafons of go- vernment, may mix in with the grounds of Vol, L I the w '\ ■' w ?• 'j M • _ ' ', Clf 'l -^^■:V' 111.., J, Oil'- m4 Mi 11 jii r!t '■■ :ks like ■ Dr par- H reafon« H ly very 1 e colo- 1 of Jbme 1 appeal S ire has ft <# 1 up as 1 ableft 1 he ef- 1 appeal ■ le go- 1 :ertain 1 IS fol- 1 vil law ■ loW^S ; 1 ( 117 ) lows ; one to Nova Scotia, and New Eng- land 5 one to New York, New Jcrfcys, Penfylvania, and Maryland; one to Vir- ginia, the Carolinas, and Georgia, It has been imagined, that this court fliould be eftablifhed by a commifiion ifTued to two or more perlbns for each diftrid:, learned in the law, not only of the mother coun- try, but of the feveral governments in its faid diftridl : that this commiffion (liould give full powers of a court of chancery; with power alfo of judging on matters of law i to be brought before this court, by writ of error, from the feveral luperior courts of the diftridt, which this extended to. — Such court would become an efla- bliflied court of appeals and redrefs ; v/ould regulate all the courts of law, fo that they could not exceed their jurifdidlion : would have a general fuperintendency over all inferior courts : would tend to eftablifli fome regularity, and introduce a confor- mity, not only amongfl the courts them- felves, of the different colonies ; but a conformity alfo to the courts of the mo- ther country, in the conftrudion and dif- penfation of law : fuch court would (more than any other meafure) not only tend to preferve the laws, and pracftice of law in the colonies, under a conftitutional con- formity to the laws of the mother coun- try ', but would alfo maintain that depen- I 3 ** dency J,,. '#[: N ■':" . '. % '•\.. \ 1^ ■■ '\\ 1' ■ '^ : ^'' ,-.:rf.ifr'.%,;UT ' 1'',i ^ ' •■^^•i.k' mm m •■r i|(! r itt ■ f'f'i ''il''' ■ .-If'' 'I' T' •'•!(* ::» r ( ii8 ) *' deiicy therein, which is of the efTencc of ** colony adminiftration." " '' There are gentlemen on this fide the wa- ter; who feeing that this nieafurs is not wiiii- out defedt ', and not feeing the neceflity of a court of chancf^ry at all, as there is nothing contrary to the fundamentals of law, that thefe law-courts already eflablifhed fliould equatize, (if 1 may fo exprefs myfelf;) think, that inflead of eflablifliing any new courts of chancery ; it would be very proper to abolifh even thofe already eftabliflied — extending the power which the law-courts already take in chancering-bonds, &c. by impowering them to equatize : and after that, to take fuch meafures as may hefl eftablifli a fixt and con- ilitutional court of appeals here in England. S E C T I O N V. 77je feparatlon of the governor s council of Jiate, from the council as one branch of the legijlatiire. :_:,■ SENSIBLE of the danger of innova- tions, and abhorrent from tampering in experiments of politics ; I mention the fol- lowing, rather as a matter of fpeculation, than to recommend the trial : vet I cannot but obfervc, that while the coallitutions of the governments of the colonies, take fo ex- aaiy t'l 1 1 :/ ( 119 ) actly the model of the Britidi cnnflitution ; it always Urnck me as a flrange deviation, in this one particular, that the governor's coun- cil of flate, although a diftinft, and I had almoll faid an incompatible board with that council which is one branch of the legilla- ture i is yet always conftituted of the fame perfons, in general nominated, and liable to be fufpended, by the governor. One may fee many advantages, (befides the general conformity to the government of the mother country,) in having thefe boards diftincft in their perfons, as well as in their office. If the council of flate remaining under the fame conftitution as at prefent, was compofed of men of the beft experience, fortune, and intereft in the colony; taken in common from the legiflative v-ouncil, the houfe of re- prefentatives, or the courts -, while the mem- bers of the legiflative council, independent of the governor for their exiflence, had all and only thofe powers which are neceffary to a branch of the Icgiflature; much weight would be added tq admin ill ration, in the confidence and extent of interefl, that it would thereby obtain : and to the legiflature, a more true and political diftribution of power : which, inflcad of the falfe and arti- ficial lead, nov/held up by expedients; would throw the real and conftitutional balance of power, into the hands of government. I 4 C II A P. 'I- I'- ' ' ■ i: 1 ■ I ^ ! ! { 1 I„! ( 120 ) Ml ■ ! Hi i. V/' ' V .<* .if hi-!-, I', "r 5^ !Si ' ' . C H A P, V, yi^^ quejlion of internal taxation Jlated as it lies in the aBual conjiitution of our Colonies^ and the procedure of our government tO" wards external corporate immunities of the like nature, — T^ his fate pointed fo as to lead to n general union of all the parts of th^ Britip dominions. HAVING thus far examined into the principles of the conftitutions of the colonies, in that relation, by which they ftood connedled with the King as fovereign ; and having reviewed thofe points of colony adminiftration which derive from thence, marking in the courfe of that review fuch mat- ters as feem to require the more immediate attention of government : I will proceed to examine thofe conftitutions, in that relation, by which the colonies are fuppofed to be connedled to the parliament ^ to the Em- pire — not only of the King, as Sovereign ; but to the Empire of King, Lords, and Commons, colle£tively taken, as having the whole fupreme power in them. The pre- dicament in which the colonies ftand, as to their allegiance to the King, is that point which muft mark out the mode of execu- tive rir ( 121 ) tive adminiftration, by which they fliould be governed : but the precife retllcment of lj[)is relation and connedlion, between them and the colled^ive Sovereignty as above j — is the only ground on which thole points which have lately come into difpute between the government of Great Britain, and the peo- ple of the colonies, can be decided and fixed. How much foevcr the colonies, at their firft migration, may be fiippofed to have been, or were in fad, witjiout the Realm, and feparated from it -, yet, from the very nature of that union of the community, by which all civil fociety muft fubfill: ; they could not have migrated, and been abfolved' of their communion and connection to the Realm, without leave or licence : They had fuch leave, according to the then forms of the conflitution ; and the terms were, that the fociety, community, or government which they ihould form, fhould neither adt nor become, any thing repugnant or contrary to the laws of the Mother Country. Here therefore is an exprefs fubordination to a cer- tain degree — The Colonifts allowed the fub- ordination ; but held their allegiance, as due only to their fovereign Lord the King.—* The dired: and necelTary confequence of this fubordination, if taken in the firft {Qn{Q muft be. if ' J- ; *H, ( hm ' a * '■fc-i I Vim Pi: I ;» r . '"•■ -J I / I .. ■■'.1:5 ■If :ir; ,',i'i 1;,;' ■' ill' ■R- ( 12 ) be, thnt the leglllaturc of England (after- ward Great Britain) mull have power to make laws which (hould be binding upon the Colonics : contrary or repugnant to which, the Colonies could not act, cither in their legiilative, or executive capacity — con- trary to vvliich, they could neither fettle nor trade. But if this fubordination be under- wood as to the King as Sovereign of their diiHn(ft community in partibus exteris — {fit'm Rex (as I Aated above) ei prajit iit ca- put iji'ius populi non ut caput alterlus populi — the relation and duty is of a different na- ture. In the firft attempts, indeed, which par- liament made to exercife this pov/er of fo- vereignty, in averting the right which the people of the realm had, over certain pof- feifions in America, again (I the exclufive x:laim, which the King aifumed in the pro- perty of it — They were told, that it was not proper for them to make laws about Ame- rica, which was not yet annexed to the crown, by that expreflion, meaning the Im- perium or Hate of the kingdom, but was of the King's foreign dominions, in the fame manner, as Gafcoigne or Normandy were 3 that they had no jurifdidion over thofe do^ minions : and the attempt was dropt. In a iecond attempt, (wherein they took up the 5 petition .1 «■ V ( 123 ) petition of fomc fettlcrs of Virginia;) upon the Speaker's reading a letter from the King, the petition ^vas withdrawn — and we find no more of the parliament, as the conflitu- tional Icgillature of the kingdom, interpof- ing in thefc affairs, until after the rello- ration. " "• ' ■ .. ■ ? . . .. In the year 1643, when the two Houfcs of Lords and Commons, had airumed the fovereign executive power of government, and were, in fadt, the adling fovereign ; they made an ordinance Nov. 2. * •'* Whereby ** Robert Earl of Warwick is made Go- vernor in Chief, and Lord Hi«;h Admiral of thoie I (lands and other plantations, inhabit.\i, planted or belonging to any, his Majel-ty's the King of England's fub- ** jevfli', within the bounds, avid upon the ** coafts of America." At which time, a •f committee was appointed, for rcgulathig the PlanlatiGUs — Tiie coljiiies indeed, by this ordinance, chano-cd their Soverei":n— But the fovereif2,nty was exercifed over them in the fame manner, and in the fame fpirit, as the King had attempted to exercife it, by his commiiHon of 1636, for regulating the cc tc it <( 1 ' 'r -.'7,' * Scobcl's Acfts, and Tournals of the Iloufe of Commons, Nov. 2. f JqurjafiS of the Houfe of Commons, Nov. 2, Plantations, ' \ 'If' 1 i ■f 1 , ■ , ;■ I k ,. ' p "'|r •, , : 1 :'\ . ! 1 . i |i !j i'!' i ■ ■ it I 1 ■'b-lif'ii ' .: : ^*s. ,' . 'i ' 1 ■' 1; J-' 1 i it! 1^1 -"i- \\r\' i ; -I 1 'f ' (I if :;|!J'::*!:i' i '^ ■/'■I' ^ X 'if 1 1 i t** » 'i ,i. : .J.i ■ ( 12+ ) Plantations.— "That is, the parliament, (not as Icgillaturc, but as Sovereign,) allumcd the fame power of ma'cing laws, ordinances, &c. for the Plantations : nay, went one ftep fur- ther, in 1646, and charged them with a tax by excifc. In 1650 the patent, or commif- fion, of 1643, was revoked; and the fame power was lodged in the council of ftate ; who had power * ** to grant commillivjn or commiirions to fuch perfon or pcrfons as they (liall think lit, with power to en- ** force all fuch to obedience, as do or fhall ftand in oppofition to the parliament, or their authority : and to grant pardons, and to fettle governors in all, or any of the f\id iflands, plantations and places ; and to do all juft things, and to ufe all lawful means to fettle and preferve them in peace and fafety, until the parliament fhall take further, or other order therein ; ** any letters patent, or other authority, " formerly granted or given, to the con- '* trary notwithllanding." During the: adminiflration of this fove- reignty ; an "f- acft palled in 1 646, exempt- * Scobeirs Aas. ' '• ■ -^ ■ t Note, TheTe acts or ordinances became the ground-work: of that a£lt of parliament, after the re- itoration, which was called the navigation aft, of "V\'hich we ihall take notice, in its proper place. ing €t << << <( it i ;i I .' t. i:!" *■,'■!', II ... ■♦' ( 126 ) his grants, charters, or commifTions. And if we doubt whether the King, as lawful fovcreignj could legally himfelf exercife, or commiilion other perfons to exercife, thofe powers, aflumed in his commilTion of 1636, of making laws, ordinances and conllitu- tions for the plantations ; conlidering the inherent, natural and eftabliihed rights of the colonills — we may a fortioriy by much more powerful objedlions, doubt the right of thefe powers in the two houfes, calial then the parliament, adling as fovereign. — No precedent therefore can be drawn from this period. We have fcen above how at one time the King as fovereign, without the inter- vention of the parlianient, affumed a right, both adminiHrative and legiflative, to govern the colonies.— We have ittw how the par- liament, without the intervention of the King's commiilion, alfamed as fovereign the fame powers — But whatever the natural or eftablilhed rights and liberties of the colonies were, at their firft migration, they could not be faid, to be legally fufpended, abridged or altered by thefe aiiumptions of power. Upon the refloratlon of the monarchy, when many of the rights of the fubjed, an 1 '■':;\^ : And lawful Dife, or ;, thofe f 1636, :>nllitu- ing the gilts of V much le right , calU'd ■eii^n. — n\ from ne time e inter- right, ) govern he par- of the )vcrelgn natural of the ~ln, they >ended, :ions ot Inarch V, Tubjeci, an 1 ( 127 ) and of the conftitntion were fettled \ the conjiitutioji of the ccloniest received their great alteration : the King participated the fove- reignty of the colonies with the parliament ; the parliament in its proper capacity, was admitted to a fhare in the government of them : The parliament then firft, taking up the idea, indeed very naturally, from the power they had exercifed during the com- monwealth ; that all thefe, his Majefty's foreign dominions, and ** all thefe, his Ma- *' jelly's fubjeils," were of or belonging to the realm ; then firft, in the proper capacity of legiflature, (fupreme legillature- of the. realm,) interpofed in the regulation and go- verning of the cole lies. — And thencefor- ward, from time to time, fundry adls of parliament were made, not only (ift) for regulating th" trade of the colonies ; but alio (2dly) for ordering and limiting their internal rights, privileges and property ; and even (3dly) for taxing them. — In the courfe of which events j v/hilc the Colonifls con- fidered this principle as the Palladium of their liberties, viz. that they w^ere to be ruled and governed only by adls of parlia- ment, together with their own laws not contrary to the laws of England ; the King in the fame courle of events called in the aid of parliament, to enable him to regulate and govern the colonies. — The Britifli mer- chants ill 1' ¥ ^ ''^ ' 'i : J " 1 ■ i. i ,; ■ ; ; -. l'^\' IW ',■ (• )' 4 1;( : ■ ;'liir t -fit ' r. ( "8 ) chants at times applied to parliament, on the affairs of the colonies : and even the IVeji India Planters applied to the f?.mc power, to carry a meafure againft the colo- nies .of North America. Hence we find enaded, in the courfe of thofe events, I. The navigation adl ; the fugar, and other adls, for regulating and reftraining the trade of the colonies. II. Alfo Adls, I. altering the nature of their eftates, by treating real eftates as chattels. 2. Reftraining them from manu- fadtures. 3. Regulating their money. 4. Altering the nature of evidence in the courts of common law^ -, by making an af- fidavit of a debt before the Lord mayor in London, &c. certified in writing, an evi- dence in their courts in America. 5. Dif- folving indentures ; by difcharging fuch of their fervants as ihould enlifl in the King's fervice. III. Alfo Adls, fixing a tax upon Ame- rican failors, payable to the Greenwich Hof- pital. 2. Likewife impofing taxes ; by the feveral duties payable on fundry goods, if intended as materials of trade, to be paid within the province, or colony, before they can be put on board, for exportation. 3. Alfo, 'I'^H' ■-; ^! ( 129 ) j. Alio, the revenue arlfing from the duties payable on the poftage of letters. 4. Alfo, the tax of quartering foldiers, and fupplyin th em m th eir quarters, Lailly edao lifli- ins: the claim which G'^eat Britain makes, )f ti the col( \\ Tp or raxing tne colonies m au caies wnatio- ever, by enad:ing the claim into a declared right, by adl of parliament. From the uncontrovcrted, and univerfal idea of the fubordination of the colonies to the government of tlie mother country ; this power, by which the parliament mak- eth laws that fhall be binding on the co- lonies, hath been conflaiuly exerted by the government of England, (afterwards Great- Britain) and fubmitted to by the colonies. I'he fundamental maxim of the laws of thofe countries, is ; that ifl, the cum.mon law of England : to2:cther with fuch ita-' tutes (the eccleliailical laws and canons ex- cepted) as wTre enadied before the colonies had a legiflature of their own — 2dly, The laws made by their own legiflature ^ toge- ther with 3d]y, fuch adls of parliament, as by a fpeciai ciaufe are extended to x^merica, fmce that time ; are the laws of each pro- vince or Colony. The jurifdidion and power of every court eftablifhed in that country; the duty of every civil officer; the procefs of every tranfadlion in law and bufi- V^oL. I. ' K nefs f, if.' 'it; ^i ii 1 . M ':'■ i 1 1, , ;, ( 1 i 1 ! i '"' t, 'l :<:■;,.■ :' 1 mw ( }. ( 130 ) nefs there ; is regulated on this principle, Nay further, every * acl of parliament paff- ed fince the eftablifliment of the colonies ; which refpeBs the general police of the realm^ or the rights and liberties of the JubjeSts of the realm ; although not extended by any fpe- cial claufe to America by parliament -, al- though without the intervention, or exprefs confent of their own refpedlive legiflatures or reprefentatives -, hath been confidered, and I may venture to fay adopted, as part of the law and conftitution of thofe countries : but by what principle of our conftitution ; by what maxim of law -, this laft pracflice hath been eflablifhed, is not fo eafy to af- certain 5 any more than it will be eafy to fix any rule, when the colonies Ihall adopt, or when they may refufe, thofe kind of laws of the mother country. This arifes, (as I have faid,) from fome vague indecifive idea that the colonies are of, or fome parts of, the realm ; but how, or what parts, or whe- ther any parts at all, has never yet been tho- roughly examined. We have fccn what was, in reality, the dependancc and fubordination of the colo- nics to the King, while they were fup- pofed to be fubjcd; to him in a fcignoral ca- pacity— ^ We have it^vi v/hat mufl: have * As the bill of rights, the 7th Wil, 3. ^^c. becri ( 131 ) t)cen the fame fubordinatlon, wliIlc they were iappofed to be fubjedt to the two houfes of Lords and Commons, as fove- reign in the fame capacity. — Let it be ob- fcrved from the tenor of what I have iliid above — that my idea here extends only to the fadt, does not go to any decifion of the righti Let lis take up the next idea, that while they are not of the body of the realm, while they are no parts or parcel of the fame ; but bodies corporate and politick, diftindt from and without the realm : * ** They are ne- verthelefs, (as the a(fb of parliament ex- prefTes itfelf ) and of right ought to be fubordinate unto, and dependant upon the imperial crown of Great Britain, [i. e. the realm -,] and that the King's Majefty, by and with the advice and con- fent of the Lords fpiritual and temporal, and Commons of Great Britain allembled in parliament ; had, hath, and of right ought to have, full power and authority, to make laws and ftatutes of fufficient force and validity, to bind the colonies and people of America, fubjedls of the crown of Great Britain, in all cafes what- foever." — In this idea we have a very dif- (''''' ,.,;j./', 'i1 i': r1 * 6 Geo. III. c. 12. K2 ferent 1 1 I, 1 \ r 1 ^1 'III! iffl <'2 i! f ( ^32 ) ferent flatc of the relation ; namely, the imperial crown of Great Britain, (the King, Lords and Commons, collet ivdy taken ,) is ftatcd as fovereign, on the one hand, and the Colonijis as Juhjeth on the other.- There is no douht, but that in the nature, reafon, juilice and necefiity of the thing; there niuft be fomevvhcre, ivitbin the body politic of every government, an abfolute power. The \\ill of a free agent is abfo- iuic^ : but fo long as the princijtle of agency is internaU exerted only over tiiat which is in elTential communion with it -, the will is its own will — and is free becaufe its own will is abfolute. The political freedom of Great Britain, confifls in this power's being lodged no where but in King, Lords and Commons, in parliament alTembled. This power is abfolute throughout the realm, ^ — and yet the rights and liberties of the fub- jed are prefer ved ; as the Communitas PopuJi is the body, of which this Imperkim is the foul, reafoning, willing, and ading, in ab- folute and intire union with it, lb as to form one political perfon. This power is abfolute throughout the dominions of the realm : vet in the exercifc of this power, by the imperial crown of Great Britain towards the colonies; (that is, by i«^:*V'-i ( 133 ) by the King's Majefty, with tlie Lords and Commons in parliament afieniblcd) if they are not of tliis body of the realm ; but are flill to be conddered as diftindl bodies ; fo- reign, or extraneous parts, without the realm, and the jurifdiition of this kingdom ; * there is furely fome attention due to the iiatiire and extent of this ahjolutenefs in this cafe, that is to fay, when exerted over an agent exter- nal, and not in communion with the will and principle of agency. If the people of the colonies, arc no part of the people, or of the body, of the realm of Great Britain, — and if they are to be ftated in the argument, as fubjedl to the King, not as the head of that compound political per- fon, of which they are in ]-art the body ^ fed lit caput alterius popidi, as wearing the im- perial crown of Great Britain -, as the head to which the realm of Great Britain is the body, and of which body the parliament is the foul, but of which the colonies are no part — then this imperial fupreme magiftratc, (the colledive power of King, Lords and Commons,) mud be ftated as fovereign on the one hand .; while the people of the colo- nies, ftand as fubjedts on the other. — — Taking the relation of the colonies to the 'iii ■' ■ : : ": ;i,' t > * As Mr. Blackftone expreffes it in B. i.e. 3. K 3 mother 1 ■1,1 'I- f*' ' \i, ! ■ .1 ! t i! I< ' I '';^!-v'" i ;:| 1 ' m I". I ^' "il ( 134 ) mother country in this view, (when the ar- gument is rtated in this manner,) we furely may f.iy with exadnely and truth, that if the colonics, by birthright, by nature or by efta- bHfhment; ever were entitled to all the rights, privileges, liberties and franchifes of Englifhmen ; t/je ahjoliite power of this fovcreign mujl have fome bounds -, * muft from its own nature, from the very nature of thefe rights of its fubjcdts ; be limited in its extcnfion and cxej^dfe. Upon this flate of the cafe, queflions will neceffarily arife, which I will not take upon- me to decide , whether this fovereign can disfranchife fub- jedls, fo circumftanced, of their rights, be- caufe they are fettled beyond the territorial limits of the realm — whether thefe fubjedls, thus circumftancsd, can, (becaufe they are fuppofed not to be of the realm,) lofe that interefl in the Icgiflative power, which they would have had, if they were of, or within the realm. Whether this natural right which they have to perfonal liberty, and to political freedom, is inherent in them, " to *' all intents and purpofcs, as tho' they had *' been born within the realm :" Or whe- ther, *' -j- it is to be underilood, with very * Vide The Reply of the Council of the Province of Mafl'achufctt's B;iy, to Governor riutchinron's fpeech, ^773' ■j- As Mr. Blackftone cxprefies it, Introduclion § 34. ** many { 135 ) ** many and very great rejln'i^/ons," Whe- ther theie people, from the nature of thefe inherent rights and liberties, are intitlcd to have, and have a right to require, a conlH- tution of the fame political liberty as that which they left : or whether * ** the whole ** of their conllitutions are liable to be new '* modelled and reformed," at the will of this fovereign : Whether the legiflative part of their conflitution is (tliey being diflindl, altho' fubordinate, dominions ; and no part of the mother ccuntryj) an inherent right of a body of Engiiflimen, fo circumftanced : or whether it can be fufpended, or taken away, at the will of this fovereign ? In ftating thefe doubts, I do not here add the queflion, which hath of late been raifed ; on the right which this fovereign hath, or hath not, to impofe taxes on thefe fubjedts, circumftanccc as above ftated, with- out the intervention of their own free will and grant. — Becaufc, let thefe other quef- tions be decided howfosver they may ; this flands upon quite other ground, and depends upon quite other principles. So long as the government of Great Bri- tain claims a right to ad: under this idea, of I jji. 1, , ■ » ii" ' t' '" 1 ■ '« ■*a .1 1 '* ''.■"'■ * '«: *. '■ f ■ ■ Jl ■■' '■if i-: ,:,A in ♦ Mr. Blackftone, Ibid. K4 the .•■.'.J. f I, ;, ' i I t I: 1, 1 ■ ''111'"' i I ( 156 ) tljc relation between the motlicr country r.nj the colonics ; fo long as the colonics fhall be cllccmcd in this relation, as '* r/o piirt of the " mother ccuntry -,'* fo long will tho colonifls think they have a right to raifc thefc quef- tions : and that it is tlieir duty to flrugglc in the caufc, which is to decide th^-m : fo long will there be fadion and oppofition, inflead of government and obedience. But the matter of perplexity is much fironiicr, in the anellions which have been raifed, as to the riirht of impofinr>; internal taxes on the fubjed, fo flated. In the lame manner as in thg ad: of grant- ing a general pardon, the King alone is the originating and framing agent; while the other two branches of the legiilature, are only confenting thereto, that it may be an ad of parliament ; fo in the fame manner, in the ace of granting fupplies, by impofmg taxes on the people, the houle of commons is the (vXc originating and framing agent, *' as to the matter, meafure and time;" Avhile the Kino: and lords ad onlv as con- fen ticnts, wh.ea it becomes an ad of jxirliament. In one c:\fo, the King ads as chief magiftrate, rcprefenting and cxcrciiing the coliedive executive power of the whole realm : .rti ( '57 ) rcilm : ill the otlicr, the commons aJb, as *• jrrantnic- for the counties, cities imd bu- '* roughs whom they reprelcnt ■^•." If in tlic ael of taxing, the parliament a(5>eJ iimply in its capacity of fuprcme le- gillature : wit bout any conjidcratlon had to tbf. vuittcr cf rcprcfcntatlon veiling in the com- mons 'y I know of no reafon that can be aiTigned, why tlic rcfolvc to i^jive and grant, jfhoultl not originate from, and be framed or amended by, another branch of the legilla- ture, as wcil as by tlie commons. The only reafon that I find aifigned ; and the only one I venture to rely upon, for explaining that right of the commons to originate, and form the refolve of giving and granting, and to fettle the mode of charging and im- pofing taxes on the people, to make good tliole grants; and to name commifiioners, v/ho iliall actually levy and collcvli: fuch taxes; ** as a fundamental coniiitution ;" is that w^liich the commons themfelves have given; that ** the commons grant for the ** counties, cities and boroughs rch^m they ** reprcjhiti' — and that the word *' grant," \v\\z\\ fpoken of the lords, **' mud be undcr- '* llood only of the lords affent, to what the '' commons o-rant; becaufe the form of law require?, &icX both join hi one bill, to * Comm. JoLirn. 1672. it ri- te p.ive S.. ■I : i i< I * 1 . 4 ( ■ i 1" |, ■ ' 'I T li ff' * - r * ' { f }\ i ; y E 1 llV if? iii' 4^ ( 13^ ) " m.ve it the force of law." Therefore, previoiidy infcrtnig this caution, that I do not prefiime to form an opinion, /jow thry I'cprcfcnt the property of, or grant for the lords : and witnout reafoninj?- on t^is mode of the right ; (** for it is a very inifafc thing in ** fettled governments, to argue the rcafon ^* of the fundamental conftitutions !") The fadt is ; that this right is ab initio, a funda- mental conflitution, in that the commona grant for the cotmtiest cities and boroughs whom they reprefent ; and that they do, in fa5ty reprcjlmt the property of the reahn, al- though copyholders, and even freeholders within the precincfbs of boroughs, or within the counties of cities, (not being freemen or burgefles in fuch boroughs,) have no vote in the eledion of them : For the property of the copyholder is reprcfented by it's lord ; and the property within the borougli or city, is adually reprefented by the cor- poration, or body of freemen in fuch borough or city, who chufe the member of parlia- ment. Although it fhould be willingly acknow- ledged without difpute, by the Americans, even upon this ftating of the cafe; that the legillative power of parliament, extends throughout America in all cafes whatfoever ; yet, as to the matter, meafure and time, in the 7 ( '39 ) llic article of t:i?:c/., originating with, nnd iTanicd by the commons ; ** granting for the ** counties, cities and boroughs whom they ** reprelcnt ;" — it would greatly relieve the perplexity and doubts, which have railed quL;(lions, (much i-.gitated ; ) if any one could, according to this ftate of the cafe, and according to this reafoning ; Ihovv /jow t/jj commons do rcprcjhit the property in America t ivbeji Jlateci as being iv it bout the realm ; and no fart of any county y city or borough of the fame: and how the freeholders of that prof erty are reprefented ', even as the :opyholde'' and land- holder within a borough or city is reprefented. * For, fo long as the cafe fliall be fo .l:ated, that the Colonies are neither wit! ui the realm, nor any part of it ; or ^^^ any count ■, city or borough within the iiir/;:; until it can be pofitively demondrated, either that \x\ granting fupplies, by impofing taxes, the commons do not acl in virtue of their repre^ fenting the counties, cities and boroughs for whom they grap.t ; or that in granting for the counties, cities and boroughs whom they reprefent, they do alfo reprcfent the pro- perty of America; tf'C people of America will didiiiguifn tjieir not acknowdedging the power of the comrions of Great Britain in fhe cafe of grant' (ig for them, as a very dif- f Viae ;hc cafe of Chcfter, Appendix No. VII. ferent 1,1. X. ■ V '■ i ■■■^' 1 lit'; 5'':!, ' r>"| n ni 'It i. ' \ , j , ■ ■ ■' i •' 1 ' - |., '' :■ tm .] ■ r iht to have. Although a right in parliament, to make laws for governing, and taxing tlie Colonies ; may and muit, in the order cf iimey precede any right in tlic Colonies, to a Iharc in the le2:iflature : vet there muft arife and proceed, pari paflii, /";/ the order cmd Jjiitiire of things ^ a right in the Colonies to claim, by petition, a (hare in the reprc- lentation, by having knights and burgeflcs in parliament, of their own election, to re- prefent the condition of their country. And as in fuch circumftanccs, this rioht fliall arifc on one hand ; fo on the other, it may become a duty in government, to give them power to fend fuch reprelentatives to parlia- ment : nay, could one even fuppofc the Co- lonies to be negligent in fending, or averfe to fend, fuch reprefentatives ; it would, in fuch cafe, as above fettled, b?come the duty of government to require it of them. Although from the fpirit and efTence of our confiitution, as well as the adual laws of it, *' the whole body of the realm, and ** every I.LI ■• '.. ( H5 ) '* every particular member thereof, either ** in perlbn, or by reprcientation, (upon ** their own free eled:ion) are, by the laws *' of the reahn, deemed to be prefent in the " high court of parliament *," yet as the circumflances of the feveral members of this body politic muft be often changing ; as many acquilitions and improvements, by trade, manufactures and Colonies, muft make great changes in the natural form of this body ; and as it is impoflible, both from the gradual nature of thefe changes, and from the mode of the reprefentative body, that this reprefentative body can, in every initance and moment, follow the changes of the natural, j)a[jibus cequis ; it mult neceilarily at times, from the nature of things, not be an adliial reprefentative — although, from the nature of the conftitu- tion of government, it muft, in the interim continue to be, a juft and conjlitutional re- prefentative. And hence, from the laws of nature, as well as from the nature of our own lavirs and conftitution, arife the juftice and right, which parliament always hath had, to render feveral members of the realm, liable to rates, payments and fublidies, granted by parliament ; although fuch members have not, as yet, had the liberty \r '■ 1, »■ i > ■4- ■1. « ^^"i'S,. * I Jacobi I. Vol. I. and V'i . Ij|.!"t 1 ... . ,] 1^ l, it.'. , i I, « 3' ill. 3.; il ilMiM'ii 1 ■! '■:• 1' ^ . ' ■ 1 1 s ( 146 ) 'And privilege to fend knights and biirgefTc? to parliament, of their own eledtion. Yet on the other hand, as the principle, that no free people ought to he taxed, but by their own confent, freely originating from, and given by themfelves or their reprefentatives, is invariable, abfolute and fixed in truth and , right 5 fo the mode of the reprefentation in parliament, hath from time to time, altered; lb as to extend to, and to fuit the mode, under which the reprefented were, from time to time, found to exift. Hence it was, that many towns, boroughs, counties, and even dominions, which (from any thing that did exiil, or was to be found in their tintiquas Ubertatcs, and liberas conjiietudinesy) were not previoully reprefented by members of parliament of their own eledion ; have, as they acceded to the realm, or encreafed within the realm, ( ** fo as to be equally con- ** cerned, to have knights, and burgefles in ** parliament of their own eledlion, to repre- ** fent them equally as other inhabitants of ** the realm have," according to fuch modes as w^ere at the time admitted to be legal and conftitutional,) been called to a fliare in the common-council of the realm. Hence it was that the county Palatine of Durham, after many attempts, and a long flruggle, was admitted to the privilege of fending knights and burgcflcs to parlia- ment j-- ( H7 ) Incut ; — but of this cafe enough has alrea- dy been faid. i In the time of King Henry VIII. we find parliament reafoning and aB'mg upon this VQ.xy principle in the cafe of the county of Chefter. — The reafoning of parliament lets forth -f-, ** that the King's county Palatine ** of Chefter, had hitherto been excluded out of his high court of parliament, to have any knights within the faid court. -^ By reafon whereof, the inhabitants had fuftained manifold difherifons, lolTes and damages, as well in their lands, goods and bodies, as in the good, civil and po- litic government of their faid county. — > That forafmuch as they have alway hi- therto been bound by the aBs and Jlatufes, made and ordained by the King, by au- thority of the faid court, as far forth as other counties who had knights and bur- gelTes in parliament; and yet had ** neither knights nor burgeffes : — The in- " habitants for lack thereof have been of- tentimes grieved with a(fls and llatutcs *, made within the faid court derogatory to their ancient privileges and liberties, and prejudicial to the commonwealth, quiet- n^is, reil and peace of the King's bounden <( (C i( c< (( <( (( t( {< (< <( (< 4( (( <( I l •' and that th's Colony fent burgeffes to parlia-« ment. Seeing then how exactly, and to the ml- miteft circumftunce fimilar, the cafe of the Colonies ereBcd into provinces, is to thefe counties Palatine ; to thofe acquired and annexed dominions : can the flatefman, whether in adminiftration or in parliament, rcafon or ad: towards the Colonies in any- other mode, or by any other adts, than what the foregoing give the wifeft and happiefl: examples of? It is a firft and felf-evident truth ; with- out which all reafoning on political liberty is certd ratione infanire — That a free people cannot have their property, or any part of it, given and granted away in aids ayid fub~ Jidiesy but by their own confent ; fignified by thernfelves or their legal reprefentatives. It is alfo, (as hath been marked before) an undoubted principle and law of our con- flitution, that the whole body of the realm, and every particular member thereof, either in perfon, or by reprefentation, (upon their own free elections,) are deemed to be per- '^on lly prefent in the high court of parlia- m-nt : And, that the King, Lords and Commons aflembled in parliament, are the commune ( '5' ) conmune concilium, the rommon-council of the reahn; the legal and conilitiitional reprelentative of the whole body of the realm, and of every particular member there- of; having perfect right, and full power and authority to make laws and llatutes of fuf- ficient force and validity to bind the Colo- nics and people of America, fubjedls of the crown, in all cafes whatfoever. But as various external acquifitions and dominions, may accede to ^hi*^ body, ftill remaining without the realm, out of its jurifdidtion ; not yet annexed, united and incorporated with the realm — As various and divers new interefted individuals, may arife and increafe within the realm ; which, although conjiitu- tionally reprefented in parliament, cannot be faid to have there a5lually reprefentatives of their own free eledlion. — Let us look and fee how government, to be confiflent with itfelf and its own principles, hath aded in fuch cafes. Parliament hath never ceafed to be deemed the conftitutional reprefentative of the whole dominions of the realm : Hath never ceafed to ad: as the commune concilium, both in the cafe of making laws, which did bind thefe fubjedts under this predicament ^ as alfo, in the cafe de auxilio affidendo-, and rendered th«m liable to all rates, payments and fub- L 4 lidics. I ;. n 1 'i I , It ' i I '1^ ; i^ ( 15= ) fidics, granted by parliament : Yet on the other hanci, ( ** thclc rubjedls being equally ** coiiLcrntd to have rcprcl- ntativcs in parlia- " ment, of their own cicc^.'nN as otlier iiiha- " bitants of the realm") i :rli;'.ment h.ith al- ways given tliem pov.er to lend fuch; when they h ivc arifen to an importance, and a fliare of interefl in the i\.\tQ, which could juAify the niearure. On this principle, and by this proceeding, has the num_ber of rcprefenta- tives in parliament, increafed from between two and three hundred, to above five hun- dred. In other cafes ; as in the cafe of the Ame- rican Colonies, where thefe acquilitions /;/ partibus extcnsy have been deemed fo far fe- parate from the kingdom ; fo remote from the realm, and tlie jurifdidion thereof; tliat they could not have been incorporated into any county, city or borough within the realm ; that the flate and condition of their country could fcarcely be faid to be within the adlual cognizance of parliament; where the local internal circumllances of their property, could Icarce fall within the ways and means adopted by parliament for taxes-r— where the peculiar nature of their eflablifh- ment required the constant and immediate prelence of fome power to make orders, or- dinances and laws, for the prefervation and well 1 M f • ' ■H j^^ ( '53 ) well government of thofc countries— There government hath conftantly and uniformly eibbliflicd and admitted the governor, coun- cil and rcprefentatives of the freeholders of the country affembled, to be a full and pcr- ie(it legiflature, for the making laws and im- pofing taxch in all cafes vvhatfoevcr, ariling within, and rcfpe6ting the body of that community — full and perfe f. Jtf r ■' i- ' ■ : ■ J. \ 1 { ^54 ) i^parate unannexed parts ; as incapable, from their local circumftances, of having repre- fentatives of their own election, in the Bri- tifli parliament; — the flime fenfc and fpirit will, I fuppofe, continue to the Colonies this lih^'*tv* : ** which, throueople) were for the purpofe of forming a like council, enrolled by the triumvirs whom the Roinan ilate had created, to lead out Colonies eitlier of Citizens or Latins. — By this ellabliiii- ment, a fenate, (fur this council is literally fo called in the Pom 'eiiin law de Bithynis^) was formed in every Colony — and latterly, in (every municipal corporation alfo. As the ordinary fupply of the fenate in the city, was from the annual eledlion or magiftrates ; who, in confcquence of their having been invelled with fuch magiftracy^ acquired a feat theie — as the extraordinary fupply of fenators, was by Kings, Confuls, Cenfors, or Dilators (according to the dif- ferent times and periods of the Roman go- vernment) propoiing good and true citizens to the people — of whom thofe, who were approved, were enrolled Ccnfcripti^ Scnatores jiijju popiili : So the ordinary lupply of the members of this Colony fenate, or curii ; was from the decurionesy the ma^^ilh'acv of that community, — while the extraordinary fupply, was by the triumvirs enrolling, in like ( 157 ) like manner, the fenator at the iiril efta- bli(hment ; or the * governors, upon ex- traordinary cafes, which mi^ht afterwards arife propofing honell and honourable men, from whom the people chofe thofe who were enrolled. — Both council and re- fultj were left to the community. . The council in the fenate; the rcfult in the people — who made, and were governed by their own laws ; fubordinate to the laws of the empire : who created, and were governed by, their own magiflrates. When this ifland was itfelf, in a provincial flate, under the empire of Rome ; feveral Colonies and municipal diflrids within the fame, were happy under this very conftitu- tion of being governed by a rep re fen tat ive, magiflracy, and legiflaturc, which the Britifli Colonies now contend for. The manufcript of Richard of Cirencefter, lately difcovered, tells us which they were. The Colonies v/ere, London, Colchelter, Sandvvich with Richborough, Bath, Caerleon in Wales, Well Chelkr, Glouceller, Lincoln and Chcf- terford. The municipal dilfrids ; York and St. Albans. To which perhaps we may add, from the fame liil, as CivitaieSi Latio jure * Vide Plinii cpifl. et Trjjar.i Refp, lib. x. epift. 80 and 81. '% '■«► ? -..•ii > . V ^ ■.¥; I :•"!. ■'■ i ( «5S ) donatf^', Old Sanim, Cirenccfter, Carlifle^ Burton north of Lancafler, Caftcr by Peter- borough, Alkmanbury and Cattericin York- (hire, Perth, Dunbritton and Invernefs. If this mode of adminiftration for the Colonics, be adopted by government, efpe- tially in the article of taxation — it will behove admin iflration, to be thoroughly in- formed of, and acquainted with the circum- Itances of the Colonies, as to the quota or fhare of the taxes which they are capable to bear, and ought to raife ; not only in pro- portion to thofe raifed by the mother coun- try, but amongfl themfelves : It will become the duty of miniflry, to endeavour to per- fuade the Colonics to eftablifh, as far as their circiimjlanccs will admit of it^ the fame mode of taxation, by ftamp duties, excifes and land tax, as is ufed in this country :— That the property and minufadtures of the Colonies may not, by an exemption from thcfe, have a preference and advantage over the property and manufactures of the mo- ther country. It will require all the wifdom and interert, all the firmnefs and addrefs, of a thoroughly eftablifhed miniftry, to carry thefe points ; — As the Colonies, no doubt, will keep oft fuch incuirvbrances as long as they caa ; and as the aifemblics of the Colo- nics, will,s und?r this conilitution, rcafonahly argue, 4 (( ( «59 ) argue, that as to the matter, extent, mode and time of taxes, they, (the reprefentativc of the people for whom they grant,) are the only proper and conftitutional judges. Government ought at all times to know the numbers of the inhabitants ; diftinguifh- ing the number of the rateable polls. 2. The number of acres in each province or Colony; both cultivated, and lying in wafte. The number of houfes — and farms, &c, 3. The numbers and quantity of every other article of rateable property ; according to the method ufed by the provinces them- felves, in rating eftates, real and perfonal. 4. Government ought always to know what the annu-^I amount of the feveral pro- vince taxes are ; and by what rates they are raifed, and by what ellimate thefe rates are laid. From whence, (by comparing the eftima- tion with the real Value, for the time being, of each article,) they may always eftimate nearly the real value of the property of fuch province or Colony. All which, compared with the prices of labour, of provifions and European >\ '■:.''"." .^ ; : * '; ■ ' . ' III, 1 , .It *r 1 ■ ,;;. m \ ■4 ^^N"li:l n H'ff f 'I it 'i' If- •if ( 160 ) European goods imported -, with the value of their manufadures, the intereft of money, and their exp )rts^ will fully and precileJy mark their abilities to bear, and the propor- tion which they fliould bear, of taxes, amongft one another, and with the mother country. The following eflimatcs of the provinces, Maflkchufett's-Bay to the ncrthward, of South- Carolina to the fouthward, and of New Jerfey in the center, are founded in the tax-lills of each province ; which tax- I1II9, being of * ten years ilanding, mufl, in cncreafmg countries as the Colonies are, fall fhort of the numbers and quantity which would be found on any tax-lift faithfully made out at this time. The eftimates which I have made thereon are in general at fuch an under-valuation, that I fliould think no man of candour in the provinces will objed; to them ; although they be, in fome articles, Jiigher tlian the valuation which the legifla- turcs dircded fo long ago to be made, as the fund of the taxer that they order to be levied on them. This valuation of the eftates, real and perfonal, gives the grofs amount of the principal of the rateable property in the * That is ten years back from the time of the pub- lication of the iirli; edition of this book in 1764. province. P-i ■' ^ i ' ( i6i ) province. 1 think I may venture to afiirm, that no man, who would be thought to un- dcrllfind the eftimation of things, will oojcdt tliat I over-rate the produce of this pre jKrty, wlien I rate it at lix per cent, onlv ot this moderate valuation ; wlun he conliders that money, in none of thole provinces, bears lefs than lix fer cent, intereil: i and that un- der loans of money, at live per cent, moll: of th-e bell: improvements of the country have been made. •J- The valu.uion of the provinces, Ncv/- York and Penfylvania ; lying on each fide of New-Jerfcy ; arc calculated in a dilllrcnt manner, by taking a medium between the fuppofed real value, and the very lowelt rate of valuation. Witliout troubling the reader, or encumbering the printer with the detail of thefe tax-lills, and the calc'jlatir;ns mLide thereon i I will infert only the refult of tliem, as follows. The provinces under-mentioned could an- nually raife, by one fliilling in the pound on the produce of the rateable property, ellates real and peribnal in each province. Vol. I. M Province ■i ill J '' OlMfl r- » ( 162 ) /^. s. d. Province Maflachufett's-Bay, 13172 711 New- York, - - 8000 o o New-Jeifey, - - 5289 17 o Penfylvania, - - 15761 10 o South-Carolina, - 697 1 i i r Sterling, £. 49395 ^^ ^^ Siippofc now the reft of the £, s, d, colonics, to be no more than able to double tins fum ; The lum-total that the co-' Jonies will be able to raifc -, according to their old tax- lifts ; and their own mode of valuation and of rating the produce of eftates, real and \ perfonal ; will be, at one fliil- ling in the pound on the pro- duce, per anniun - - - j In juftice to the reft of the provinces, par- ticularized above, I ought to obferve that, by the cqualleft judgment which I can form, I think that the province of South-Carolina is the moft under-rated. V98791 13 8 I fliould alfo point out to the American reader, that, as the calculations and lifts above referred to, are taken from the private coUedions s. ^. 7 1 1 17 10 I 1 1 6 10 r. {i. 138 |s, par- that, form, Liroliii-i icncan lids )rivatc tdions ( 163 ) colledions of the writer of thelc papers, without any official coiriinunication of fuch papers as rniniftry may he pofici'ild of, I de- iire him to give no otiicr cicdit to them, than luch as, by referring to liis own knowledge of the ftite of thinr > in the Colonics, he finds to be juft and near the truth. I llioidd, on the other hand, inform the EngliOi reader, that thefe were collected on the fpot j and communicated by perfons leading, and thoroughly converfant in the bufincfs of their refpedtive provinces. Another remark is necefl^iry ; That, ex- cept what relates to Penlylvania, thefc col- lections were mude nine years ago -, lb that, wherever any difference may arife, from the different proportion in v/liich thefe provinces have encreafed, that ought to be carried to account -, at the fame time, that a certain addition may be made to tlie whoL.*, from the certain encrcafe of all of them. If this moderate tax, raifed by the above moderate valuation, be compared with the internal annual charge of government in the refpedtive provinces ; that charge will be tound much below the fupplies of this fund. The whole charge of the ordinary expence of government in the province of Maflachu- fett's-Bay ; which does, (by much,) more to M 2 the d "'^ »?; ' * I,,.. 11 . i. |! ■« '■ i 111; I; • ( 1^4 ) the lupport of govcr'imrti^, and other public lervices than any other province ; is, in time of peace, flcrHng izi^i^y/. los. — whereas that of New-York, is not more than about, Itcrling, 40C0/. annually. When thefe points fliull be fettled ; there cannot le a doubt, but that the ianie zealous attention j which all parties fee and confefs to be applied, in the admin ill ration of the Britifli department to the public revenue ; will be applied to the edablidiing and re- forming that of America. A proper knowledge of, and real atten- tion to, the Crown's quit-rents in America; (by revifmg the origincil dcfc^ls, by remedy- ing the almofl infurmountablc ditiiculties tliat the due colledion of them is attended w ith,) may render that branch a real and ef- fective revenue : which at the fame time will be found to be no inconfiderable one. By proper regulations for fecuring tlie Crown's rights in wails and wrecks, in fines and forfeitures ; and by proper appropriations of the fnme ; that branch of revenue may be made encdive : But, whenever it is taken up in earneil ; whenever it Oiall be refolvcd upon to give a real official regard to the re- venue in America \ the office of Auditor Ge^ c nerni ( 10 ) noal of the Plantations nuill ccaic to be a mere liiicciirc bcnciice ; ami be rcallv aiul clFcdivcly eilabllflicd with iucli powers us will carry the duty ot it into execution ; yet under fuch cautions and re(lri(5tions, as lliall fccure the benefit of its fervice to the ufc of the crown. If it Hiould be tb. ought difiicult -and ha- :!ardous, to extend ihe Icpiilatlve riiihts, nri- egi '5' vileges and preeminences (the true Iniperiuni of government,) to wherefoever the domi- nions of the liate xtend, — the admini- llration mull: be c^>iitent to go on in this ptolomaic fyftem of policy, as long as the various centers and fy Items Ihall preferve their due order and fubordination : Or to fpeak in a more appofite idea — if we would keep the bafis of this realm confined to this ifland ; while we extend the fuperllrucflure, by extending our dominions j we fliall in- vert the pyramid (as Sir William Temple expreffes it) ; and mufl: in time fubvert tne government itlelf — If we chufe to follow the example of the Romans towards their Provinces — wc mull: expedl: to follow their fate. Would ftatcfmcn, on the other hand, doubt for a while, the predetermined modes which artificial fyflems prefcribc; would they dare to look for truth in the nature of M3 thin^j •,!' . ' I hL.'' '^- Si?'i'# ill'. t .,1, h i*.- i 1 it »■' ,. I Si'^'l m 7 'I if ■':■. ■■f.f,| ,.U||f|' !.)■=!, ;, I' 15 -J t;ii mm,, •-jl-f :: If j ?f I ( i68 ) The Briton fays that fuch meafure is uur nccefliiry, becaulc the power of parliament extends to all cafjs and purpofes required.— Be it allowed, that tliis power does, in right and theory, thus extend : Yet furely the reafoiiing, the precedents, the examples, and the pradicc of adminiflrations do (how, that fomething more is neceifary in this cafe. The American fays it is unnccelTary, be- eaufe they have h'gidalures of their own, which anfvv^er all tlieir purpofes. But each Colony having duties, actions, rela- ticns, v/hicli extend b^^yond the bounds and jurifdiction of their refpecUive communities ; beyond the power of their refpedcive govern- ments; the colonial legiflature does certainly not anfwer ail purpofes ; is incompetent and inadecjLiate to many purpofes : Something therefore mo^e is necciiary ; cither a common union among fi thenij'chcs ; or a one common union of fubordinaiion, under the one ge- neral Icpiflature of the llate. o The Briton fays that it w'ould be inexpe- dient to participate with, and communicate to the Coloniflis ; tlic rights and privileges of a fubjedt living and holding his property within the realm : to give tliefe rights to peoplq living out of the realm, and remote from '1 i ■■ ,!: { i69 ) from it j whole interells are rival and con- trary, botli in trade and dominion, to tliofe of this realm : but the fcheme of "[iviric: rcprefentativcs to the Colonics ; annexes them to, and incorporates them with the realm. The fair anfwer to this is — that their intereft is contrary to that of Great Britain ; only fo long, as they are continued in the uraiatm-al art! fid al ^diiQf of beins: confidered as external provinces : and they can become rivals, only by continuing to increafe in this fcparate flate : But their being united to the realm -, is the very remedy propofed. The American lays, that this meafure is inexpedient : becaufe, if the Colonies be united to the realm ; and have participation in the legiflature, and communication of the rights and privileges of a fubjedl within the realm ; they muft be affociated in the bur- den of the taxes ; and fo pay a fhare of the interefl: and principal of the national debts, wliich they have no concern in. This is literally the objed:ion wiiich was made by the Scots, at the propofal of the union of the two kini'doms : and came indeed with reafon and propriety, from an independent fovereip-n hinfj-dom, which had no concern in the debts of England. But the like ob- jedion can never be made with propriety, reafon or juftice, by Colonies and provinces which ^1 1,>' ■;•■•'■ ■M -V ;.!.'■ f. m,uw< ■ ,■•■:■■ - ■■■ i':1 '■■■; I , ' \ ' If ■ •L;^fi,.j'%'*i,', '^t-;'.^ .Sit " I i.i.; I' rsm. I-, ! sJ rr« ( 170 ) which are conftituent parts of a trading na- tion, protedted by the Britifh marine — Much lefs can it be faid, that they have no concern in thefe debts -, when they are debts con- tradled, by wars entered into, the firft for the prefervation of the proteftant intereft, and independency of the fovereignty of the mother country ; the two latter, folely in defence, and for the protedlion of the trade and actual exigence of the Colonies. How- ever ; if the Colonies could, on any reafon- able grounds of equity or policy, fhow any inequality, or even inexpediency, in their paying any part of the taxes, which have a retrofpedt to times before they were ad- mitted to a fhare in the legiflature — there is no doubt but that the fame moderation and juftice which the kingdom of England fhowed towards Scotland, in giving that an equivalent 5 would be extended to the Colo- nies, by the kingdom of Great Britain : And I cannot but think that it would not be ?;2ore than fuch equivalent, that the go- vernment (hould grant them a fum of mo- ney fuflicient to pay off all their debts which were contracted in confequence of the lafl war, and were ftill out-ftanding ; unlefs Great Britain engaged from henceforth to confider thefe as the debts of the ftate in general, I alfo cannot but think that it would not be more than fuch equivalent ^ that the crown ( 17' ) crown fliould give up all its '•i ;ht to qnj'f rents ; and that every adl, where b} any I'pe- cial revenue was raifed upon the Colonies, ihould be repealed. The Briton fays, that this meafure would be da?2gerous -, as it might prove a leading Hep, to the finally removing of the feat of Empire to America. To which the true anfwer is, that the removing of the feat of the Empire to America or not, depends on the progreflive encreafe of the territories, trade and power of the American Colonies ; if continued in the fame unnatural, feparate, rival, and dangerous Hate, in which they are at prefent. — That this is an event not to bei avoided. — But this meafure of uniting the Colonies to the realm, and of fixing the legillature here in Britain; is the only policy that can obviate and prevent this removal : For, by concentring the interefl and power of the feveral parts, in this ifland ; the Em- pire mufl be fixed here alfo. — But if this removal cannot finally be prevented — is it better that a new Empire fliould arife in America, on the ruins of Great Britain 3 or that the regalia of the Britidi Empire, ex- tending to America ; ihould be removed only to fome other part of the dominions, continuing however in the fame realm thus extended ? The n It- '*r. _ V" > ; ,»■■ '■ 1 f "'¥■/' • 1"" ; t ■ 1 1-; " 'i.» .'it"' •3' mm ! mm ^' . ''"AM i- W"! 1 ' ■ i"v:J!p:,t!|;i' • i*ii. '*':»,r«i!' :* 'i; ■ ', I' /> ^ . iif; f : fi i, V' -IP- ( 172 ) The American fays, that this meafure might be danoerous to their liberties ; as this calling the American reprefentatives to a parliament, fitting in Great Britain, would remove their reprefentatives at too great a diftance from their conftituents, for too long a time ; and confequently from that com- munication and influence, which their con- iiituents fhould have with them : and there- fore transfer the will of the Colonies out of their own power ; involving it, at the fame time, in a majority, againfl which their proportion of reprefentatives would hold no ballance. This ol^edion, if it hath any ground for its fears, is a dire6t anfwer to the Britilh objection lall: mentioned : — But it proves too much ; as, according to this argument, no remote parts of a ftate, ought to fend reprefentatives, as the feat of Em- pire is alfo remote : The truth and fad: is, that the mutual fituation of Great Britain and x^merica, very well allows every com- munication, which a member of parliament ought to have with his conftituents : and any influence beyond that, is unparliamenta- ry and unconllitutional. « As to all objedions which arife from ap- prehenlions of what effed: fuch an additional number of members, acceding all at once to the Houfe of Commons, might have on the f^ .''ff ( ^73 ) tlie politics, conduct and internal manage- ment of that body — they arilc from an uii- warranted and (one fhoiild hope) ground- lefs fufpicion, of foiiie undue influence operating there — But ihould this be a fup- pofition, that could ever be admitted to be true, even amongfl the faeces Romuli -, tlie contrary apprehenlions, from the different quarters, are fuch as mutually deflroy each other. — The Americans fear, that the num- ber of reprefentatives which will be allowed to ihem, will have no power, proportion- able to their fliare of interefl: in the com- munity : That this union to the Britifli le- giflature, will only involve them in the con- clufions of a majority, which will thence claim a right to tax them -, and to refcraiii their trade, manufadures and fettlements as they pleafe. The Briton fears, that thefe reprefentatives may be an united phalanx, firmly oppofing every tax propofed to be laid upon the Colonies ; and every regula- tion meant to kci.p their adions and interefl in due fubordination to the v/hole.- That they will be a party, a faction, a flying fqua- dron, alway ready, and in mod: cafes capa- ble, (by uniting with oppofltion to admi- nifl:ration, or with commercial factions,) to dillrefs government, and the landed interefl: of the kina:dom. The Americans a^ain on the other hand, fear that feme future Britiili miniliry. .V: I':- **• '■ J— t ilfiiiii:'? "■viAlr rill!-,:* ,■ 1 "). , - .i.'-.l I- i.'.ti if,"?' ■».. r ii : , ,; ■:£5Mi, >■■ ■■•*■ ■I If ( 17+ ) miniil:ry, in fome future days of corruption, will fucceed in bribing their rcprcibntLitives ; againll which the Colonics will have no rc- medv, but mufl: fubmit to the betravinii: conlequences. — Thefe are objcdticns which, on the very fu})polition, mutually counter- adl nnd deflroy one another. — They are ob- jedtions which have had fliir trial upon experi- ence, in the cafe of the Scots members — and are diredtly contradided by truth and fad. As to all objedlions raifed on the fuppofed impracticability of the meafure ; they are too contemptible to deferve an anfwer. — There is but one which hath any fenfe in it — it is faid, that the Colonies are too remote, upon a diflblution, to receive the writs, and re- turn their reprefentatives within the time limited by law ; and that, if the parliament fliould be aflembled immediately on its elec- tion ; the Colonies could not have their reprefentatives in the houfe, for fome time. The portion of time limited by law, is fixed in proportion to the dlftance of the remotefl parts concerned at prefent, to fend mem- bers to parliament — A fpecial time might be fixed by law, in proportion to the fpecial cafe of th^ diftance of the Colonies — And as to the fuppofed difiiculty of their having their reprefentatives in a new parliament, upon its being aflembled immediately : I 7 %> .■(L'ji^^_ ( 175 ) fay, that in the fame manner, as upon the demife of the King, the parliament, then fitting, is by law, to continue fix months, unlefs diflblved by the fuccelf )r : fo the old reprefentatives of the Colonies, might by law, be permitted to fit in the new parlia- ment, (if aflembled within fix months) un- til they were re-eledted, or others fent in their room : the doing of which, might be limited to fix months. Notwithftanding, I know that this pro- pofal will be confidered as Utopian, vifionary, idle, impertinent and what not :— I will proceed to confider the juflice and policy of this meafure as it leads to this unavoidable confequenccj that in the courfe and pro- cedure of our government, there muft arife a duty in government to give — a right in the Colonies to claim — a fliare in the legillature of Great Britain : or to have a feparate one of their own. While we confider the realm ; the go- vernment of Great Britain, as the Sovereign-, and the Colonies as the fubjedt ; without full participation in the conftitution ; with- out participation in the legiflature ; bound implicitly to obey the orders of government; and implicitly to enaB or regijier as an adl of their own, thofe grants which we have by our >• ^1 '•< i^lMf ill it mmH mm r mm.u V 176 ) il.« 4k '-fill ^il^S':; i/JI lii '■ ■'!/!"?* ii^a our «'ufls required them to ruuke, as a t\y iinpojcd on them ; they fay that their obe- dience in this call*, (without tlic intcrpoli- tion of their own free-will,) is reduced to the lov.'cfl predicament of fuhjedtion : where- in they are not only required to a^, hut to lev'//, as they are ordered : yet, however too ilron^dy they may be fuppofcd to flate their cafe, furely there is a fpecies of injulHcc in it. * Supplies granted in parliament, arc of good will, not of duty : the free and vohin- tary adt of the giver ; not obligations and fervices which the giver cannot, by right, refufe — Whatever therefore, is given out of the lands and property of the Colonies, ihould fome way or other, be made their own a(ft. This argument goes only to aids and fubfidies, not to fervices ; the latter are, and always were, of duty. The true grounds of juflice whereby the parliament grants fupplies by aids and fub- lidies, and raifes them by taxes on the lands and property of themfelves and their con- ftituents, is, that they give w^hat is their own : that they lay no tax, which does not afFed: themfelves and their conflituents : and * Vide Rolls of Parliajnent, 13 Henry IV. tit. 10. • are ( ^n ) arc tliertforc not only the proper givers, but alio, the befl: and lalcft judges, what bur- dens tliey are bell able to bear : They do not give and grant from the property of others, to eafe themfelves. Let the Hatef- man apply this reafoning to the cafe of the Colonies ; and he may be led up to the true fources of the difcontents, againfl the go- vernment of the mother country' which di- vert its effedl ; which undermine its ef- tablifliment j and tend to its utter diflblu- tion. Whereas on the other hand, we fhall find, (as hath ever been found,) that uni- verfal participation of council, creates reci- procation of univerfal obedience. The feat of government will be well informed of the ftate and condition of the remote and ex- treme parts : And the extreme and remote parts, by participation in the legiflature, will, from felf-confcioufnefs, be informed of, and fatisfied in, the reafons and neceflity of the meafures of government. Thefe parts will confidcr themfelves as adling in every grant which is made, and in every tax which is impofed. This confideration alone, will give efficiency to government : and will create that confenfus obedientiuniy on which only, the permanent power of the Imperium of a {late can be founded ; This v/ill give Vol. I. N extcnfion ?1H i,;'<-r.#^! iff !'■' ' . it', 'k. " Mvii^i?^ ■■.% i'-;:r ;i\/ym'si' '•■\:r'^m ' *■ I. i''ii'''''''ffi'*- 1 i' >• .-f'HH;*'!!'' i^ : ■■;-d;'l.i I'lr '1 •' ' i 1 .V mm ';i! Ill&l-^' i ?i ( 173 ) extcniion and (lability of Empire, as far as wc can extend our domiiUons. I could here proceed to juilify this pro- = pofition, as founded in fad: ; by ihowing> that t/jz's frmcip/e of ejlablijhlng the Imperium of government, on the bajis of a repnjentathe legJ/Jaiure, hath been, from the earlieil and * firil infliance of the eftabliiliment of a British Senate, (under the government of Caraufms,) founded on its native and na- tural bafis, a marine dominion -, invariably, through all times, the Jpirit of this country : The fpirit of that conftitution, by which government hath been alway the moft furely and happily ellabliihed in the Britifh domi- nions. It is a native plant of this foil,^ which, although at various times, it hath been trodden and cut dov/n, almoft to the very roots , hath alway again broken forth, with a vigour fuperior to all falfe culture,, and all force. Although it was fuppreffed for a while, under the lail defpairing efforts of the Roman corrupted flate ; yet having taken root, it revived ; Although it was, in part, opprefled by the feudal fyflem, in the latter times of the Saxons, as well as under the Normans ^ yet I could here ihow, not only how, by its native vigour, it rofc again !/ * Anno Dom. 7.^1, from '^■:' ( ^79 ) frvom ruin ; but alfo mark the progrefs of its reftoration, to the time of Henry the third. But thcfe arc arguments only to thofe who feel tb.eir hearts united to this fpirit ; who revere the inftitutions of their anceflors, as the true fources of the original liberty, and political happinefs of this country. In thefe days, when it is the wifdcm of flatef- men to raife objedlions to this fpirit of po- licy ; when the learned fortifv their under- ftanding againft convicftion of the right of it ', when the love of liberty, nay, the very mention of fuch a feeling, is become ridi- culous ; fuch arguments muit of courfe be- come ridiculous alfo. It would be a melancholy, and but an ufelefs conlideration, to look back to that flate of political liberty, on which the Bri- tiOi Empire hath extended itfelf : or to look forward to that fcate of political glory, li- berty and happinefs, on which it might be extended and eftabiiilied. When we find bounds fet to the principle of this fpirit ; thus far fliait thou extend and no further ; when we fee a fyilem of policy adopted, under wiiich this country muil continue for a Vv'hile,. entangled in a fcries of hoftile dif- putes with its Colonies, but mull at length ... . N 2 lofe ■f!:|fH|t|-,.:!| - A- ■ " §'im: .r"..>;.".,iJir .'i^ ..ii: i.«' 'iff''* i ''^i 'Wmh mm 'm ; \ti^tM ■ • " :i m ( 180 ) lole them — mufl be finally broken in its commercial interefl: and power ; and fink by the fame pride, and fame errors, into the fame infignificance and dependence, as all. other commercial flates have done, one af- ter another — one has only left to ^ope, that the ruin is not inevitable, and that heaven may avert it. I decus : I noflrum : melioribus utere fatis. Let us here clofe this view, and let us return to the examination of matters, which form the internal adminiftration of the Co- lonies. And firft their money. li|.|:»|. ■ ■ '! m ■r*i CHAP. VI. General principles of Money applied to that fubjeB, as it operates in the Colonies, both in coin and in paper. SECTION I. TH E Britifli American Colonies have not, within themfelves, the means of making money or coin. They cannot ac- quire ( iSi ) quire it from Great Britain j the balance of trade being againft them. The returns of thofe branches of commerce, in which they are permitted to trade to any other part of Europe, are but barely fufficient to pay this balance. — By the prefent adl of navigation, they are prohibited from trading with the Colonies of any other nations : fo that there remains nothing but a fmall branch of Afri- can trade, and the fcrambling profits of an undefcribed traffic, to fupply them with filver. However, matters have been fo ma- naged, that the general currency of the Co- lonies, ufed to be in Spanifi and Portuguefe coin. This fupplied the internal circula- tion of their home bulinefs, and always finally came to England, in payments for what the Coloniil:s exported from hence. If the adt of navigation fliould be carried into fuch rigorous execution, as to cut off this fupply of a filver currency to the Colonies ; the thoughts of adminiftration fliould be turned to the devifing fome means, of fup- plying the Colonies with money of fome fort or other : and in this view, it may not be improper to take up here, the confidera- tion of fome general principles, on which the bufinefs of money and a currency de- pends. Silver, by the general confent of mankind, N 1 has Si' 'i'^irii- V ;»• -1'". >illi".*Vv -' I.I'" .ii*''>i' c* "1''* \ I'K i(. 'i mi '!i ip§''l ., 1 ',1 .' ,1 C 182 ) /jas become a deposite, "wlAch is the com- mon MEASURE of commerce — This is a ge- neral Q,{i'y:.Qi of fonie general caufe. The ex- perience of its degree of fcarcenefs compared with its common introdudtion amidil men \ together with the facility of its being known by its vilible and palpable properties; hath given this eiicd: : Its degree of fcarcenefs, hath given it a value proportioned to the mail- ing it a DEPOsiTE ; and the certain quan- tity in which this is mixed with the poiTef- fions and tranfadions of man, together with the facility of its being known -, makes it a COMMON MEASURE amoncj-fc thofe thins:s. There are perhaps other things which might be better applied to commerce, as a common meafure ; and there are perhaps other things which might better anlvver as a depolite : But there is nothing except fdver, known and acknowledged by the general experience of mankind ; which is a depofite, and common meafure of comm^erce. Paper, leather, or parchment, may, by the fand:ion of govern- micnt, become a common meafure, to an ex- tent beyond what lilver could reach : yet all the fandrion and power of government, never will make it an adequate depofite. Dia- monds, pearls, or other jewels, may in ma- ny cafes be confidered as a more apt and fuit- able depoUte ; and may be auplied as fuch, to an extent to which filver will not reach ; yet ( i83 ) yet their fcarcity tends to throw them into a monopoly; they cannot be fubdivided, nor amalTed into one concrete : and the know- ledge of them, is more calculated for a niy- ftery or trade, than for the forenlic ufes of man in common: and they will never there- fore become a common fneafiire. The quantity of tliis depofite; and the general application of it to feveral different commodities, in different places and cir- cumflances ; creates a compound propor- tion between it and other ohjcvfls with which it flands compared ; and from this proportion forms its oivn Jcale. This fcale urifes from the effcd: of natural operations, and not from artificial impojition : — If therefore iilver was never ufed but by the merchant, as the j^eneral meafure of his commerce and exchange ; coin would be (as it is in fuch cafe) of no ufe : it would be confidered as bullion only. Although bul- lion is thus fufficient for the meafure of ge- neral commerce; yet for the daily ufes of the market fomething more is wanted in the detail ; fomething is wanted, to mark to common judgment its proportion, and to give the fcale : Government therefore, here interpofes ; and by forming it into coin, gives the fcale ', and makes it become to fo- ufe AN INSTRUMENT in detail, as N 4 well renfic ■Mi ■ ;" 'i* '■ i I Ir J « .1 ' *!' :i,i<-.iji .J lit vt ' ,.- i!;ii::i|'|rf'i|| •ii Mil rim i; i: I, 'V; V' ¥::»'? M V-i-W '*»•; r: i ■• ^4; w. i<'i I "if ■ A- '11 'it H?|i«-:" - ( 184 ) well as it is in bullion a measure in ge-* neral. This artificial marking of this fcale on a natural meafure-, is neither more nor lefs vhan marking on any other rule or meafure, the graduate proportions of it : And this artificial marking of the fcale, or graduating the meafure, is of no ufe but in detail, and extends not beyond the market for ex- change reftores it again in commerce : No artificial ftandard therefore can be impofed. Having this idea of money and coin ; I could never comprehend to what general ufes, or to what purpofes of government, the proclamation which Queen Ann ifiued, and which was confirmed by ilatute in the fixth year of her reign, could be fuppofcd to ex- tend; while it endeavoured to rate the fo- reign coins, current in the Colonies, by an artificial ftandard. It would feem to me jufl as wife, and anfwering to jufl as good pur- pofe; if government fliould now iffue a proclamation, diredting, that for the future, all black horfes in the Colonies ihould be called white, and all brindled cows called red. The making even a law to alter the names of things, will never alter the nature of thofe things ; and will never have any other effect, than that of introducing con- Tufionj, ( iS5 ) fahon, and of giving an opportunity to bad men of profiting by that confufion. The fafell: and wifell: meafure which go- vernment can take ; is not to difcourage or obllrudl: that channel through which lilver flows into the Colonies — nor to interfere with that value which it acquires there — On the contrary, I mufl ever wifli to fee the Spanifh filvcr flowing into our Colonies with an ample and uninterrupted flream. — That ftream, after it hath watered and fupplied the regions which it pafTeth through, muil, like every other flream, pay its tribute to its mother ocean : This filver (to fpeak without a metaphor) after it hath palled through the various ufes of it in the Colonies, dctli al- ways come to and center finally in Great Britain. All therefore that is required of thofe who attempt to condudl the admini- flration of American affairs, and all that they fhould do is — fo to regulate the Colony trade, that that filver fliall finally come to, and center in Great Britain ; whither it will mofl cer- tainly come in its true value. — But if through any fatality in things or meafures, a medium of trade, a currency of money, fhould grow defective in the Colonies; the wifdom of government will then interpofe, either to remedy the caufe which occalions fuch de- fed, o; to contrive the means of fupplyin^ the ■i:.. • ■ 1. ',' .1. . ■ •■ ■Hill ■';:■■ r^.."' km ;;> . ,j,;'*^,;J«« :i t I, r ■ . 1-"^ !■ ' ' 'it 'H- "■ ' '' 'V -'ii' J- ^' *■ ■'■■ T !'•■ 3 > > |ti [if *''i -r, r,'i ; J^ktt K ■ V ■#i|!:: ''■ + !f^f; ,-i\\ ;• i' 111 1 ■I I •:' I 'i.'.'i , :d3''n''' tj;. a r ill-' / ■ ; ■ ,r-:;"j*" I 13!) ( i86 ) the deficiency. The remedy lies in a certain addrefs in carrying into execution the act of navigation — but if that remedy is negledcd; the next recourfc mud lie in fomo means of maintaining a currency fpecially appropriated to the Colonics ; and mud be partly, fuch as will keep a certain quantity of filver coin in circulation there — and partly, fuch as (hall edablith a paper currency, holding a value nearly equal to lilver. On the firfl view of thefe refources, it will be matter of ferious coniideration, w^he- ther government ihculd eftablifh a mint and coinage, fpecially appropriated for the ufe of the Colonies -, and on what bafis this fliould be eflablifhed. If it be necefTarv that filver, which in bullion is a common meafure of general commerce, fliould, (that it may be inltrumental alfo to the common ufes of the market,) be formed into coin ; it fhould be fo formed ; that while it was the duty of the public to fhin this coin, it may not be the intereft of the individual to melt it down again into bullion. If a certain quantity of coin is necefTary for the forenfic ufes of the Colonies -, it fbould be fo formed, as i?i no ordinary courje of bulinefs, to become the interefl of the merciiant to export it from thence. .- ■ This This ( 1S7 ) This coin (liould be graduated by fillov, fomewhat below the real Tcale j fo as to bear a value in tide, fomewhat better than the filver it contains would fetch, after the ex- pence of melting down the coin into bul- lion — fomewhat better us an injlrwmnty in common forenlic ufe; than the merchant in ordincwy cafes could make of it, in apply- ing it as a meajiire by exporting it. I have here inferted the caution againfl or- dinary cafes only ; as I am not unaware, that the lov/ering the intrinfic worth of the coin for America, will have in the end no other eftedt, than to raife the price of the Euro- pean goods carried thither ^ while the coin will be exported to Great Britain, the fune as if it were pure filver. If fucli a neceflity of an artificial cu'rency fliould ever exifl in the Colonies ; and if fuch a coinage was eftabliflied ; the Colonics would, for the purpofes of their forcnfic bu- iinefs. purchafe this injlriimcnt either in gold or filver -, in the fame manner as they do now purchafe copper coin for the fame pur- pofes. There are two ideas of a paper currency. The one adopts a meafure for eflabliiliing a bank in the Colonies, which is quite a ncv/ and %fi^ ^' \ I ■, li . 'I' '■'1*1 '!t 1' •|'>^' till ■^ ' \ w^ ^ ^ I.. "Slsf!? 1;' I" ?l I ! ■ ( i88 ) and untried mcafurcj the other turns the view to the regulating the prelent paper money currency, which tlie Colcnies have Jiad experience of in all its deviations ; and to the eflablifhing the fume on a fure und fulHcIent bafis. I have fecn this ^\^.r\^ov a provincial bivik : and think it jufticc to the very knowing per- fon who formed it, to fiy ; that it mult be becaufe I do not underlland it, that many objedlions arife in my mind to it. When- ever he friall think fit to produce it ; it will, I dare fay, come forth, clear of all objedlions, with that force of convidion, with which truth always l^ows from a mind in full and perfedt polIefTion of it. In the mean while ^ I will recommend to the confideration of thofe who take a lead in bufinefs, a meafure divifed and adminiftered by an American aiTembly. — And I will ven- ture to fay, that there never was a wifer or a better meafure ; never one better calculated to ferve the ufes of an encreafmg country ; that there never was a meafure more fteadily purfued, or more faithfully executed, for forty years together ; than the loan-office in Fenfvlvania, formed and adminiilered by the luTembly of that province. An ( i89 ) An encreafing country of fcttlcrs cinJ traders muit alway have tlie balance of trade againft them, for this very reafon, hecaufc they are encreafing and improving ; bccaufc they muft be continually wanting further fupplies, which their prefent circumftances will neither furnifli nor pay for: — And for this very reafon alfo, they mull alway labour under a decreafmg filvcr currency, though their circumftances require an encraifing one. In the common curfory view of things, our politicians, both theories and praditioners, are apt to think, that a country vv'hich has the balance of trade againft it, and is conti- nually drained of its filver currency, mull be in a declining flate ; but here we may fee, that the progreflive improvements of a com- mercial country of fettlers, muft necelTarily have the balance of trade againfl them, and a decreafing filver currency ; that their con- tinual want of money, and other materials to carry on their trade and bufinefs, muil en- gage them in debt But that thofe very things applied to their improvements, will in return not only pay thofe debts ; but create alfo a furplus, to be llill carried for- ward to further and further improvements. In a country under fuch circumftances, mo- ney lent upon intereft to fettlers, creates money. Paper money thus lent upon in- tereft, will create gold and filver in princi- pal ; 'while the intereji becomes ci revenue^ that pays •. I'l-IS^C-J- mm mm i •:&:'? ''.5 a .■':.>(, mm ■■ i;i'''. ■ : 'lis*." t,;7 , n ( 190 ) frys the charges of government. This cur- rency, is the true Padtohan ftrcam, which converts all into gold that is wailicd by it. It is on this principle that tlic wiTdom and virtue of the ailcmbly of Pcnfylvanin, clla- hlilhcd, under the fandlion of government, an otlice for the emiHion of paper money by loan. A plan of a general paper currency for America, which was intended to have been inferted in the firll edition of this work ; hath been withheld from publication now four years, for reafons, which I was in hopes, iTiight have led to more public benefit, than the making it public in this work could do*. I have inferted it in this edition — but iirH: — I proceed to the confideration of the ordinary mode of making paper-money, by liie Icgiflatures of theColonies ifTuing govern- ment-notes, payable at a certain period by a tax, — It may be ufeful to give fome dcfcrip- tion of this j and to point out fuch regula- tions, as will become neceilary in this cafe, ihould the other not be adopted. This paper-money confifls of promlfTory notes, iiilied by the authority of the legifla** ture of each province -, deriving its vaiue^ from being payable at a certain period, by 1768. mcni' •**l' ( '9' ) monies arifmg frDm a t:\K proportioned t'> that payment at the time fixed. Tlieie notes pals as lawful money ; and have been hither- to a iep,.d tender, in each relpcdivc province- whci'C they are illlied. As rny limitation of the usr.s of tlv.'fc notes as a currency, mull: proportionably de- creafe its value; as any iniecurity, infuf- liciency, or uncertainty in the fund which is to pny off thefe notes, mull: decreafe their value ; as any qjjantitv emitted more than the necelTities of luch province calls for as a medium, mud: alfo decreafe the value of that medium or currencv — it is a dircd: and palpable injullice, that that medium or cur- rency which has depreciated by any of thefc means from its real value, fhould continue a legal tender at its nominal value. The outrageous abufes pradifed by fome of thofe leo-iflatures who have dealt in the o manufacture of this depreciating currency ; and the great injury which the merchant and fair dealer have fuffercd by this frau- dulent medium ; occafioned the interpofitiori of parliament to become necefiary : — Parlia- ment very properly interpofed, by applying the only adequate and efficient remedy^ namely, by prohibiting thefe Colony legif- latures, from being able to make the paper z currencv*. I „, VK:ft:;i::| I '.t *' i'l Li "■* v" ■ ■..I I, 'Hi » ' - WfvM ' •■■ >.' ■^ r. M m fe J" If » .Vt;f cr" .it fl',! ' ■ r f ( Iff' '1' JL wmm ' I '1- ( 192 ) currency, a legal tender: And government has lately, for the fame prudent reafons, made this prohibition general to the whole of the Colonies. For, whe?i this paper-?noney cannot be forced in pay merit as a legal tender ; this very circumftance will oblige that legif- lature which creates it, to form it of fuch internal right conftitution, as fhall force its own way by its own intrinfic worth on a level nearly equal to filver. — The legiflature mufl fo frame and regulat^ it, as to give it a real value, Thefe regulations all turn upon the fiif- Jiciency and certainty of the fund 5 the extent of the USES; and the proportioning the QUANTITY to the adlual and real neceffities which require fuch a medium. ^he FUND ihould at lead be equal to the payment of the principal, in a limited time: and that time, fliould be certainly fo fixed, as that the legiflature itfelf could not alter it, otherwife the Paper Currency mufl lofe one of the efifential properties of money, namely that of being a deposite. Where the pa- per currency is treafurer's notes given for fpecie adlually lent to government; the fund whereon it is borrowed fliould be alfo ca- pable of paying, ad interim, a certain interefl; as is the cafe of treafurer's notes in the pro- vince of MafTachufctts-Bav. This I This ( 193 ) This medium ought to be applicable to all the equitable as well as legcl uses of lilvcr money within the Colony or province, ex* cept that of being a legal tender. The QUANTITY ought always to be pro- portioned to the neceffity of the medium wanted; which (the y^W a?2d iifes being fairly and abfolutely fixed) may always be judged of by the rife or flill of the value in its general currency or exchange : for where the quantity iflued is more than neceffity re- quires, the value will depreciate : and where the fund is good, and all proper ufes of the medium fecured; fo long as no more paper is ifiued than neceffity does require, it will always hold a value near to, though fome- what lefs than filver. On this fubjc6t I here refer the reader to a very judicious trad: "^'j written and given to me, feveral years ago, by Tench F ranch , Efq; late attorney-general of the province of Penfylvania ; converfant in thefe matters, both as a lawyer and a merchant. I now print and publifli it by leave of a near "f- relation, and fubjoin it as containing the mod exad: and decilive fenti- ments on this fabjedt, that I have any where * Vide Appendix, No. XII. t Dr. Philip Francis, his brother. Vol. I. O met !•'' ..' • '^^'^ 'I; li , ■;■' '^i'li'''- ■.V I: 1: ,;:•:'; ''' V .■.,;,•>■ if"! •'••' ./^ .; is*; I,: ■.,■!« ^ ' I ,('•. 1 ;i;; f\ \ ••<;>.,«: ...... ,1 .)■. I - ■ '''■fir ^ li; . ,! I' ft I lHi!li!li.Hf ;'i'i , ' !■ ■ '''li ( 194 ) met with. I entitle it, Considerations ON A Paper-Currency. In Colonies, the elTence of vvhofe nature requires a progrellive increale of fettlements and trade, and yet who from the balance of trade with the mother country, being againft them, mud fuffer a conftantly decrealing quantity of iilver money ; a certain quantity of faper-moneyy is neccffary. It is neceflary, to keep up the increafingoperationsof this trade, and thefe fettlements : it is alfo neceflary, in fuch circumllances, to the equal diftribution and general application of thefe benefits to the whole Colony : which benefits would otherwife become a monopoly to the monied merchant only: it is prudent, and of good policy in the mother country to permit it, as it is the fureft means of drawing the ba- lance of the Colony trade and culture, to its own profit. Thefe reafonings further fhew, how, by fecuring the fund^ extending the ufes^ and regulating the quantity ; this meafure of a pa- per-currency, may be carried to the utmofl extent of which it is capable. Nor do they ftop here — ^for as they give the rule whereby to judge of the excefs or defedl of money in any place whatfoever -, fo do they, at all times, 2 m r*-.\'M. 1 uO Its by and |apa- tmofl they jreby ley in It all imes. ( 195 ) times, {hew the necefuty of increafing that paper currency ; or the contrary. Although the reafonings, which from my own fentiments of the matter, I have applied to this fubjcdl; and thofe, with which I am able to obhge the world, by publifhing the ve- ry judicious and able tradt above referred to, do perfectly coincide in thefe points; yet up- on the point of the uses, (in confidering the remedies to be provided againil the quantity of any fallacious depreciation of this paper-mo- ney) our reafonings feem to divide on quite different fides of the queftion. The author of the above tradl afferts, that in Colonies, where paper-money is created ; the people of that Colony JJjcuId be compelled by law, to receive it in payments : and he dates two or three different cafes in proof of his affertion : My opinion fuggefts, that this paper- money ought by no means to be a legal tender : and yet, different as thefe proportions may ap- pear, they will be found to coincide in the appHcation of the remedy ^ in the only pro- per and radical remedy, tloe not permitting the paper -money to be a legal tender. This gentleman expcrierced in the politicks of the Colonies, and knowing the danger, if not the imprafticability, of any legiflature in thefe Colonies adopting this maxim, takes up the reafonablenefs and neceiIity,of this paper- O 2 money r\ f?'i' -;f>;i:;dit ■■■:■; V '■^■,. >! 'I '■ ., " i. ' ■ ■8 ■■ '•'.'Vi';;- 1' :./■','■■ = . 'I r; !■ i iii: ,■ .'.,* i^ ■ frf'i, : i:i \>f .i. Ill' .liP'.tilP ' mm ( 196 ) money being forced into payments by law— but then, in all the cafes wherein he dates the remedy in equity ^ againfl the injujiice which may arife from the artificial value of this paper-money, thus declared ; he firmly and juftly evinces, that the payment thus bylaw forced upon the creditor in paper y ought not to be according to the nominal legal value of that paper, but according to the real value, an equivalent to the debt. This judgment totally deftroys the maxim of its being a le- gal tender. In the application therefore of the remedy, our opinions do not differ, but the truth of them becomes the more eluci- dated, by this coincidence of two thus feem- ingly different propofitions. — I will there- fore proceed in faying, that by the reafon- ings above, it appears -, that the only, and the proper remedy, againfl the iniquities of a fallacious, depreciating paper-currency, is that radical one, of not permitting this paper- money to be a legal tender — On the other hand, fo confirmed am I in my opinion of the neceffity and propriety of a certain quan- tity of paper-money in the Colonies ; that were I not convinced, that the reftraining of it from being a legal tender, will not deflroy the exigence of it, but, on the contrary, amend its currency ; I would even facrifice my convidion to this point of utility : but whatever apparent value this paper-money may ( 197 ) may feem at firft view to lofe, by reflraint of this one ufe ; this very reftraint, (if the Co- lonies will have paper-money) mufh become an occafion of fo meliorating and fecuring the fund -, of fo exadily regulating ibe guan^ thy ', and of adding fome ofber 'valuable ufe, namely an intereft, or fome premium equiva- lent to it ; that the paper-money fhall become thus intrinfically, and of its own nature, a better and furer currency, than all the power and authority of Colony-government could make it. For not being forced into cur- rency, by any external value derived from authority ^ it muft, like bullion in coin, de- rive its currency from its intrinlick value and applicablenefs to the purpofes of money — fo that thus becoming, from neceffity, a more determinate meafure, a more practi- cal inftrument of trade, and a more bene- ficial depolite j as bearing an intereft even while in currency; it becomes to have all the ufes of bullion in coin, and one more— fo as even to bear a premium — which in fadl is the cafe of the treafurer's notes in the province of the MafTachufetts-Bay in New England i though they are not a legal tender. V'r w^ Si'-Jll '•1 k ^IHIif^f ' .'fnlhSi;;;' ,. : • ; , :.. tit 1 1," A ' II',.' * ' " .■ i*'i .;.'.*.' I! ^•.«u^. Oi SEC ■'ii ( ?98 ) ' ■ ♦ • ■ ■ ■s ;i r I. v.: 'Ill iJi SECTION II. A Plan propofedfor a general Paper Currency . for America, to be eJiabliJJjed by the Britijh Government, AS the inconvenience of permitting the aiTemblies of the Colonies to ilTue pa- per money, under the fandion of its being a legal tender, had been complained of and confefled ; an adt of parliament was made, to reftrain that part of the Colonies, againft which the complaint chiefly lay. Since the writing of the above, a general rellraint hath been lain upon all the Colonies ; by a like adt of parliament,, extending to the whole. The majority of the men of bufinefs and property in tiie Colonies, have ever hereto- fore wilhed to have the affemblies reflrained by ad of parliament, from the power of giving the fancflion of a legal tender to their paper-money : They efleemed that reftraint to be the only effedlual means of preventing the many bad pradlicc?, which have arifen from this illufory falfe coin, to the detri- ment of real bulinefs, and real property. On the other hand, feeing the abfolute ne- ceiiicy of fome paper currency; fchemes of the like nature, as that of the following . propofal, [( 199 ) propofal, have been thought of. I have had opportunities (not with governors and crovv'n-officers, but with the leading men of buiinefs in the Colonies) of examining and confidering feveral of thefe fchemes. The following propofal may be confidered as the refult of thefe difcuffions -, containing and comprehending, according to my bed: judg- ment, all which was thought confiftcnt with the liberties of the people ^ fafe in refped of their intereft; and effectual to the point re- quired. So far am I from alTuming any merit in the invention or framing of it ; that I defire it may be confidered, as founded on what hath been adlually pradtifed in Penfyl- vania, by the good fenfe and good policy of the affembly of that province, with fuccefs, and with benefit to the public : and that the particular propofal, as it is now formed, and applied to the prefent exigences of Ame- rica and Great Britain ; was drawn up fome years ago, in conjundion with a friend of mine and of the Colonies — It w*as, by us, jointly propofed to government, under fuc-r ceflive adminiftrations, in the years 1764, 1765, 1766 ; during which time, the pub- lication was fufpended. It is now given to the publick ; not by way of appeal again ft adminiftrations, but as a fcheme which, al- though not attended to by a Brithh miniflry ^t prefent, may yet fuggefl fomething that - O 4 may M 't»:* .'.t '■*. ,1' .(H -I' :,:- ■It 1 !':■•■• ?* t^i I -';:. t# ■ ■■ fl ■ HiyVt ■»'' Mr^ litlii wmi {•■ 'IIS''' mm ' ' ff; S uS one 1 6th part of the prihcipal as yearly paid back into the office ; which made the payment eafy to the borrower : The inter ejl was applied to public fervices ; the principal, during the firlc ten years, let out again to frefh borrowers. The new borrowers, from year to year, were to have the money only for the re- maining part of the term of 1 6 years ; re- paying, by fewer, and of courfe, proportion- ably larger inftallments -, and during the lafl fix years of the i6, the fams paid in, were not to be remitted, but the notes burnt and deftroyed : fo that at the end of the i6 years, the whole might be called in and burnt, and the accounts completely fettled. The truftees were taken from all the different counties of the province -, their refidence in different parts, giving them bet- ter opportunities of being acquainted with the value and circumftances of ellates offer- ed in mortgage. They were to continue but four years in pffice ; were to account annually to com- mittees of affembly ; and, at the expiration of that term, they were to deliver up all monies ¥1^ Ik! It,- " '•li ,„ ■ * ■ ! ■,l! • » >. ' ;<■ ;:■<»• .1' J, ;4('| V''^ ''1 t' • ' ■. •! I •I ' 'I.. * 'ill •''I '- • ' j I •; 1.1 ''J'' ' '■? ( 204 ) monies and fccurltics in their hands, to their fucccffors, before their bonds and Iccuritics could be difchargcd. Led a few wealthy pcrfons (lioidd engrofs the money, which vva;i intended for nion- general benefit, no one perfon, (whatcve;- fecurity he mi^lit offer) could borrow more than lOo/. • Thus, numbers of poor new fettlers were accommodated and alVifted with money to carry on their fettlenients ; to be repaid in cafy portions yearly, as the yearly produce of their lands fliould enable them. Great inconveniencies had arifen in other Colonies, from a depreciation of their paper money, occafioned by emitting it in too great quantities. It was ditiicult to know beforehand, what quantity would be fufficient for a medium of exchange, proportioned to the trade of the country ; and not to exceed the occa- lions. To prevent the mifchiefs attending an over quantity ; the government of Penfyl- vania began with a fmall fum of 15,000/. in 1723 : proceeded to increafe it gradually, in ( 2^5 ) in following years; and tli us prudently /r'// iur a proportion they could not prcvioully ialaiLitc : and, as they never cxx'ccdcd a moderate I'um, tlic depreciation was nev^T To great as to be attended with mucli incon- venience. The advantages that arofe from tliis avil, were from a view thereof, in 1752, thus cxp relied, by a conimittee of afll-mbly, in their report of Auguft, 19th. ** Furniiliing the country with a medium of trade, and of a kind that could not, to any purpofc, be exported ; as it ficilitateJ mutual commerce, Lifencd cur tiixcs I^y the interejl it produced ; and made it more eaiy for every one to obtain ready pay ^'• i .' ' , , '.' • ■jt^'fl ' r "»i' -^ :: 1 '^ ' 1 1' ' " ,:''« ■, /!. • %■' '■ i \ ■-' ^' ■ -^ J^ t ''1 ' '^r ,' . . ^■yy^. -k' ■ ■ .' •" !! '.i.ij; , . /I '' ■:• f. • 1 , '1 ■ ; „ (;■ ' "(it.*' r '! tf'iiV I:'!. ■ MVi '■1 ' , 11 '' > :!, :fi 'r' h %i. •! Ifc ^m J'' . f ;) )^!ii:'i. #( *t «( 4€ 4€ S( *t <€ it (t <( (( << i( (i «( (( »ir'b '> : ■' , ■'■'f: V ■■ •■ " • ,''." ';• i ■US kS '^''■ "■ '. '■;, ■■•■' i' ''I ;' ■■;, ! "i^n- ■.(; \'. ;. " *»' , ■ . !•. i •? . ,,«i-J •f f, But the a6l being expired, and the pro- prietors and the people differing about the terms of renewing it; the former, (though they and their deputies had received annual prefents out of the intereft, amounting to near 40,000/. yet,) infilling on greater fu- ture advantages, which the affembly did not chufe to allow ; this excellent machine for fet- tltng a new country ^ now no longer fubfifls. And as by the late ad of parliament, no more paper-money can be iffued in the Co- lonies, that fliall be a legal tender ; it may perhaps ■•11) '-•Ml! :"• :■-•'■ J| I u. ■- . 'I •'•I'r,' \. ■ ''',.■■'!■ r.-t ■ ; ii : ■i:t ! '■ .'.MA' i\ !,•; :';.• J.;* M;::i(fiL I' \\;\^ '. iii- «■■;. I'll!* ;■ 1 ivil ( 208 ) perhaps be necefTary for government here to make fome provilion of a currency for the Colonies. If this fhould be necefTary, the Penfylvania fcheme, which has by long ex- perience, been found fo pradlicable, and fo ufeful ', may, with a few changes, to accom- modate it more to general purpofes, be fafely and advantageoufly extended to all the Colonies, by an ad: of parliament as follows. Let millions, in bills of credit (or paper-money) be printed here, for the ufe of the Colonies. Let a loan-office be eredled in each Co- lony, to illue the bills, take the fecurities, and to receive the quotas yearly paid in. Let the bills be ifTued for ten years, pay- able a tenth part of the fum yearly with intereft, at 5 per cent. Let the bills be made by the adl, a kgal tetider in all the Colonies, and the counter- feiting made death. — I dcfire to mark the very material difference of a paper currency created by adl of parliament, and one ifTued by the Colonies, (as the necef!ities only of the Colonifts have cccafion foj it;) from a paper currency poured like a deluge over a I country, ( 209 ) country, by ad: of aflembly only : In the one cafe, the mifchicf of its bcin^^ a le^al tender, has been feverely felt, and therefore forbid- den : In the other cafe, the making it a le- gal tender, is not only beneiicial but necef- Ihry. Let there be no limitation of the fums to be borrowed by one perfon, but that every one may borrow as much as he can give double fecurity for, by a mortgage of real clear eflate. .'it 'r'l. 'l' . ' " '.'•' .:.> ;. 'rilj. -■' ■ ' ■ '>■) •'• :•■;'■ < ;' ■Hm • .1, " And to prevent an over quantity being extent at one time, let an interefl of 4 per cent, be allowed, for all fums lodged in the office, dui'ing the time the owner fuffers it to remain there. By this 77iea7is, it is fuppofedy the due proportion of money that Jloail be cur- re72t, ivill find itfelf-, and adapt itfelf from time to time, to the occaiions of com- merce. '.» ;> '. I •'< The effedts of this fcheme would be, that although the filver and gold acquired by the Colonies, v/ould be all fent to Eng- land ; yet they would have among them, in confequence of this meafure, a legal tender. They would alfo have a fufficiency of cajQi current for all purpofes. Vol. I. P They ;:ti itlfi in'*' ■. '• I. . .1,'S ■ t. (( ri: ill ;!4'^ JS '^i? '•'■■ ' h t 'ij ' (I ' i ' ( 2IO ) They would not have too much current at one time ; as the allowance for intereft for fums lodged in the office, v/ould always bring in the furplus. The fettlement and improvement of new trails of land would be greatly encouraged and promoted, population encreafed, trade extended, &c. The means of remittance to Endand would be always at hand, and the conniierce thereby facilitated. A great annual fum, continually increaf- ing, will arife to the crcv/n for intereli: ; w^hich, after deducing charges, may be ap- plied to American purpofes, in eafe of this kingdom; and become ^^ permanent and cf- iecihe revenue, A conliderable profit will iho arife to government, from the wearing out, and total lols of a great deal of fmail money. J It will operate as a general tax on the Co- lonies, and yet not a5iually be one -, as he w^ho Ou-iiaily pays the intereil:, has an equivaknty or more, in the ufe of the principal. But the tax, if it can be fo called, will, in effect, Iprcad itfelf more equally on all property ^ peihaps more fo than any other tax that can be 4 ,1- ( 2" ) be invented ; lince every one who has the mo- ney in his hands, does from the time he re- ceives it to the time he pays it away, "cirtually pay the interefl of it; the fiift borrower having received the vaUie of it, (to ufe for his own profit), when he parted firfl: with the original film. Thus the rich, who handle mofl mo- ney, would in reality pay mofl of the tax. Thefe bills having thus full credit ; the government can iffue, on occafion, any quan- tity for fervice, in cafe of an American war ; without needing to fend real caJJo thither y by hurtful contraBs, Plenty of money thus continued in the Colonies, will keep labour high, and there- by prevent the apprehended danger of in- terferinor manufactures. For the more eafy afcertaining of titles, there (hould be a claufe in the ad, requiring that all transfers, conveyances and incum- brances whatfoever fhould be recorded — this of itfelf would be a great benefit to the Colonies. The manner of carrying this propofal into execution may be as follows. '■ An office to be eftablifhed in London, P 2 to •Jii^'i- It"' .1 t \ I * ',11'! I ■i' ^' I > :1 I \ P * . \ I 1' ?i ( 212 > to be managed by tv/o Commifnoners, appointed by the treafury; their falaries per annum y with per annum ^ for clerks and incidents of office, to be paid out of the revenue only, arifing from the in- tereft. The bufinefs of this office to be 1 . The printing of the paper money. 2. The figning of it by the Commiffi- oners. 3. The diflribution of it to the offices in America. 11'!^ '^\ ' 4. The entering of what is fent, accord- ing to its number and denomination. 5. The communication and correfpond- ence with the feveral loan - offices in the Colonies. 6. The drawing up the inftrudions for the fame. 7. The receiving from thefe offices, ac- counts of the ifluing the paper bills — thefe accounts to contain, 1. Account of the num- bers and dates of bills iffiied. 2. State of the Account ( 213 ) the mortgages and fccurities. of intereli received. 4, Account of interelt paid for dcpofited money. 5. Account of government drafts paid by the loan-office, and flilaries paid to its feveral officers. 6. Ac- count of bills exchanged, for thofe that are over-worn. 7. Account of receipts of prin- cipal money by inflalments, &c. And in general, the Commiffioners from •the monthly reports of the feveral offices in America, of every branch of their duty, are to form monthly abllnidls and reports for the treafury, of the ftate of the money cur- rent ; of the amount of the intereli money in the loan-offices, at the government's dif- pofU ; of the ftate of each office ; and the farther regulations from time to time necef- fary to be made, either by orders from the treafury, inftrudlions from the Commiffion- ers, or further legal powders, or directions by act of parliament ; or by inflrudtions necef- fary to be fent to the governors in America, recommending a6ts of aifembly proper to be made in that country. The Commiffioners are alfo to draw up directions and inftrudtions to the Infpe^ors, whofe office will be hereafter defcribed. And they are to fuperintend all the other P 3 parts till; llfl i,'i' * 5' I 1- l«;'" :K'.i- n * I: 'life' ■■..fh's.-;:, • ' '/■ ' 1.1 t ■1!' • " ■ i : . .1 ■I >: I ^';l. •'.i I': !•• t'l Vi ■ l' ;'i "r '■■: \ I. st,i I.! P«!!;". J'5'' •■: ■ 111 f ?f' ifcitfe'H mmm a.l;..:! ,|,'«!.i I,,;., '.^ I if I,.,. .1 >l, ( 214 ) parts of the adminiftration and execution of this fcheiiie, as wiii be more particularly pointed out hereafter, in the defciiptions of the feveral offices and otiicers in America, with their refpedtive duties. Loan- Office in each province. To confifl: of Trujiees, Solicitor , and Clerk, The province to be divided into diftridls. A large province into eight diflridls, a fmall province into fewer. Each diilricSt to have a Truilee appointed out of its own refident inhabitants^ one who is a freeholder that can give fufficient fecuri ty to the crown within the province. So that the loan-office of the largeft province will confifl of eight Truftees, and the fmaller in proportion to their diflricls, into which they are divided, fome not having more than two. The Truftees to be appointed by ad of affembly, and upon their appointment to qualify themfelves, by giving the fecurity required to the crown, and taking the ufual oaths (or affirmation) and oath (or affirma- tion) of office, i • - • ,,f] Each Truftee to have 100/. fer anniim^ out ica. ( 215 ) out of the interefl arifing by the loans of the bills. The principal ading Truftee to refide in the capital of the province where the office is to be kept, and to have 200/. or lets in fome provinces, for his conftant attendance, and the incidents of office, befides his falary in common with the reft. • The Truftees to be appointed, only for the term of five years, at the expiration whereof, they are to account fully to the governor in council, affifted by one of the mfpedtors tiereafter defcribed, and deliver up all books, deeds, depofited cafli, &c. to their fuccelTors, upon which they are to receive their quietus. All the Truftees are to meet once a month at the office, to lign the bills to be iflued, to conlider the applications for money, examine the goodnefs of the fecurity offered, and Hx the fum to be lent on each fecurity ; not lefs than a majority of the Truftees to order the loans, and not lefs than two to fign and date the bills to be iffued. They are alfo to take charge of, and keep in fome fafe place, the fecurity deeds mortgaged ; and they are to chufe a perfon fliilled in the law of titles, to P 4 be •i '■'" ... 'I '■ ','1' k- ' ]■• %' >i -J: :>.t' '' ;.' ;-.. . 1. 1 : 111 k M' ^ i':;u,iv %^' u .C> mm I ^ iiiiir ( 216 ) be their So//a':cr, who is to be paid by the fees arifm^ in the ofHce, viz. 20 j*. on every mortgage -, for wliich he is to examine, and make extiads of the titles or fecuritics of- fered, for tlie infpection of the C/juj 'JujUcc of the province, (if reierred to him,) and of the Truflees \ to prepare the mortgage and counterpart, v/ith the ])ond and v/arrant of attorney, and to record the mortgage. He is alfo to keep a book of applications, noting them down in the order of time in which they are made, the fum defired, and the fe- cuj'ity offered in mortgage.. He is to get blank mortgages printed, of a prefcribed form. I'here are to be triplicates of each mortgage, tlie firfl: is to be executed by the niortgager, apd lodged in the office ; thf*. feccnd, an exacl copy delivered to the mort- gager for his dircdlion, as it contains the times and proportions of payments, both of inilallments and intcrefl ; the third to be kept in a bound bcoli, and there made the record. The clerk is alfo to be appointed hy the Truifees. He keeps a book of allowances, fo called, becaiife therein is put down what fum.s the Truflees think proper to allow or lend to each applyer, according to their opinion of the fecurity offered. He alfo computes ( 217 ) computes the quotas or inftallments and in- te: jft, making together the fuin to be paiti e.xh year, by the mortgager ^ and gives a copy thereof to the Solicitor, to be by him, (atter the approbation of the Truftees given to it,) inferted in the mortgage, lie keeps alfo a day book, in which is noted. The emiffions and receipts of each day, viz. i ^ '':;4 r-j •• '' "Jl ! ^' ] 1 1 ' 1'' ■ i i i i''l'W ' i 1' ";; ':t^ '.■ ,1 '» .., '.. ,;1 .^J 'V The fums lent in mortgage, and to whom. The fums received from each mortgager, diilinguifliing principal and interell. The films depofited in the office, for which 4 per cent, is to be allowed by the office. ' I The returning of fuch fums, with intcrcH paid. The fums of new bills exchanged for old. The drafts of government for intercfl mo- !iey, as paid by the Truftees. 1 i . f- . The I J \:h ,k ( 2l8 ) The Tniflees Salaries, when paid, and the nllowance for incidents. hhlmn. mi^mX \\ r . \^] U ii' |„'. V urm i' i .' 4 \m > N. B. The pcrfon bringing any money hills to. he dwpoiitcd in the office, for the purpofe of rect;iving the 4 prr cent, is to prepare two fchcduies of faid bills, one to be ligncd by the acting Trullcc, and delivered to him ; the other to be iiQ;nsd by him and delivered into the oflice, to be kept by the Trudees. And no fiun under 100/. is to be depofited on the terms of receiving interefl, and ibe hitercji mujl not commence till one moni h after the dcpojit made. The clerk is to keep a ledger, in which the day book accounts are to be pofled up, under their refpedive heads. The Truflecs, from thefe booki.', &c. are to form monthly abfl:rad:s of the whole Rate of the currency, and the bufinefs of the office, and to iz\\\ the fame figned by a majority of the whole number, to the com- miiiioners' office in England, in order that the commiflioners may form flates from time to time, as the trcafury fliall require, of the whole of the currency throughout the continent, as well as of the ftate of each oiiicc in the refpedive Colonies, Provifion 'Mmx k bl- ithe oncy r the is to to be vercd n and y the to be tereft, ill one which d up, X. are whole of the by a corn- ier that from jequire, lout the )f each rovifion ( 219 ) Provilion for check and control of the exe- cution of the office in America. 1. The diredlion and inflrudions of tlic commifTioners rcfiding in England. 2. Two InfpeBors to be commiffioned by the treafury, to adt under their inftrudlions, and the inlhudlions of the commillioners ; and to report to them. They are to vifit all the offices in America at leafl once a year, and to infpedl the accounts, cafli, &:c. as often as they fhall fee occafion, or fhall be direded by their fuperiors, and to join with the governor and council of each province in the auditing of the accounts of the office. And if, upon any of thefe infpe(5lions, an infpedlor fliall difcovcr any miiinanagement which requires immediate remedy, he is not only to report to the commiffioners in Eng- land, but to the governor of the province ; and if it appears to the governor and council neccffary, the governor to call together the affembly immediately, in order to the ap- pointing new Truftees -, and to order, by advice of council, the profecution of the de- linquent Truflees, to the forfeiture of their fe- curities, and fuch other penalties as they may have incurrc^d. 3. The In :' • .1, . 1 "'- 'If '■';•?> i ,11 111 ••, M 1 .! .| } ■ ' ';! ■ ^ i'l '^ ;:.;S 'M s, t '..< ?'>: "J i'; ■f: (.7 ' ?^'. ii' . ' ■ '" ■' ' ' " .' i ( 220 ) 3. The governor and council (the infpec- tor afiifting) to audit the accounts of the loan-office within each province annually. The governor and council to be allowed for their trouble. N. B. In thofe provinces where the go- vernor is not appointed by the crown, per- haps fome addition may be thought proper to be made to this board for auditing. 4. A ccmmittee of the afTembly to in- fped the ftate of the office, for their own fatisfadlion and information, that in cafe they difcover any mifmanagement or delin- quency, they may apply to the governor, that proper flops may be taken to remedy the fame. When the accounts are to be infpedled and fettled, the Truftees will be charged with tlie loan m.oney p>ut into their hands, and difcharge themfelves by producing mortgages for the whole, or for part ; and the remainder in bills. Thev will be charged v/ith the new bills put into their hands, to exchange fuch as by wearing are become unfit for farther cur- rency, and difcharge themfelves by produc- ing ( 221 } ing fuch worn bills for part, and the remain- der in new bills unexchanged. They will be charged with the account of interelt received; and difcharge themfelves by their falaries, by government draughts which they have paid, by intereft they have paid on fums depofited, and by producin the remainder in bills in their hands. ■y They will be charged with the parts of the principal fums received yearly, as inftal- ments; and difcharge themfelves by mort- gages on which the fame were remitted, and the remainder in bills. •r They will be charged with the fums de- pofited in their hands, to bear intereft ; and difcharge themfelves by producing receipts for what they have returned, and for intereft paid, and bills in their hands for the fiims they have not returned. I bills IS by cur- Id uc - CHAP. ■lii?: 'Hi ( rt ( 222 ) CHAP. VII. Adminijlration of their Indian Affairs, WW-'' ' AVING now gone through the con- fideration of every point of internal adminiftiation, let us next review thofe ex- ternal relations by which the interefls of the American fettlements ftand connedled with the Indian country and its inhabitants. Our Colonies muft neceflarily have connexions both of trade and politics with thefe people, of a nature different from any other -, a: they are planted in countries inhabited by i e of people, who differ in their circumftaiices and in their politics from any other nation, with whom there remains, either in hiftory or on record, any example of alliance. Perhaps it may not be unentertaining ; I am fure it is neceffary to the true knowledge of Indian affairs ; to take up this fubjedt, fomewhat higher than has been ufual in the ordinary way of confidering it. The different manner in which this globe of earth is poffeffed, and occupied by the dif- ferent fpecies of the human race which in- habit IS-- -4' ' ( 223 ) habit it; mufl ibrm the Ipecific difference in their interefts and politics. The human race, which is at prefent found on this earth, may be precifely divided into three families ; generically, and in their eflential properties, diitind: and different each from the other. And, for aught I know, it is to this natural truth, that the heaven- diredted pen of the author of the books of Mofes 'may refer, when he gives precifely, and only, three fons to Noah. Thefe three different fpecies, -or race, are — The white race — the red — the black. It is not barely the colour of thefe two firfl, which diftin- guifhes them ; the form of their fkull, and their hair, where there has been no mixture, is fpecifically different from each other ; and a true Indian will not judge by any other dif- tindlion : the black race has wool inftcad of hair, as alfo a form of fkull different from both the other two. i*. ' 'I ■■!■;; J, ); •l ■■■; ;■ The holy books, after having given a phi- lofophical account, cloathed in drama, of the origin of things, feem to confine their real narrative to the hiftory of the white family, to that race of people who have been land- workers from the beginning ; who, where- ever they have fpread themfelvcs over the face of this globe, have carried with them the art of 4 cultivating • 5 1 ■:M w y* . ■' a- .■'■;' ■ I ) ( 224 ) cultivating vines, and fruit trees — and the cultivation of bread corn : who, wherever they have extended themfelves, ]iave become fetilers ; and have conftantly carried with them the flieep, goat, oxen and horfe, domi-* ciliated and fpecially applied to the ufes and labour of a fettlement. Of the black family I fay nothing in this place, as not concerned in the prcfent confi- deration. The red family, were originally, wherever found, and are yet in moft parts. Wan- derers. The Tartars are in one part wan- dering herdfmen, and in other parts hunters and filliermen. The American Inhabitants, (Indians, as we call them, from the word Anjo, or Ynguo, lignifying a man in their lan- guage) are the fame race of people from one end of the continent to the other ; and are the fame race or family as the Tartars ; pre- cifely of the fame colour -, of the fame form of ikull i of the fam.e fpecies of hair — not to mention the language and their names (;f rivers, mountains and other natural objects. America, in its natural flatc, is one great foreft of woods and lakes • ilocked not with ilieep, oxen, or horfes ; not with animals of labour, and fuch as may be domiciliated -, but ^ .> oi { 22 ) but with wild beafls, game and fiOi ; vegetat- in^r. not with bread- ame corn but vviih a Irecies of pulfe, which we call maize; of which there is great doubt whether it he indio^en -as or not. — All theref re that this cou'itry af- forded for food or raiment, mu.'l be hiin ed for. The inhabitants ol conlcou^-ncc would naturally be, as in fact they were, not land- 'workers y but hunters-, not fettkrs^ but njcan- derers. They would thcretore, comequcntly, never have, as in facfl they never had, afiy idea of property in land : of that property, which anfes from a man's mixiuiJ: his labour with it. They would confequently never have, as in fadl they never had, any one commu- nion of rights and av5lions as extended to fociety -, they never had any one civil union ; and confequently they could not ever have, nor ever had any government . They know no fuch thing as adminifrrative or executive power, properly fo called : * they allow the authority of advice ; (a kind of legiflativc au- thority;) but there is rio civil coercion amongfl them : they never had any one colkclive attu- ating power among the whok% nor any magillratc or magiftrates to execute fuch power. ,1' >'■ And r f ■ ( 2-7 ) And from this intercourfe of coAnimercc, has arifeu a ncccjjliry relation of politics between them. The only true fpirit which ought to adu- ate thefe poUtics, mufl arife from a due knowledge of the circumf^ances and interefls of each -, and from a conftant invariable at- tention to that compofitc intereft which ic formed by their alliance The interefl of a community of fettlers,, mufl lie in a permanent feries of fecurity to their cultured lands -, as the making fettle- ments is by the fucceffive yearly application of repeated labour, and of its eventual fu- ture efred:. S'jttlers and land workers want but fmall trails of land -, but mufl have a fixed and permanent local property therein, A nation of hunters require a much greater extent of country, in the proportion that the wide extended produce of a hunt, bears to the local bounded produce of a farm or fet- tlement ; fo that the Indian property of coun- try, confijh of two fortSy their dwelling lands and their hunt. The interefl of a tribe of v^randerers, lies in the protection and lupport of the aged, of the women and children — ^under the tem- porary locations of dwelling, which the fe- 0^7, verity '•" .,,,.■ ,i; ... , • Hi": ',! :, If ::;!i;;''' '",'("■'. r' I ' \'. :i ..J 'r ; III. :; ' From this moment the politics of the In- dians VvTre fixed on, and confined to, two points. The oruardm^: their dwelling lands 100 o ^ and their hunts from the encroachm.ents of the European fettlers ', and the perpetually I 1 if ' * Perhaps New-En;:Iaiul may be an exception : The Indians bc;:in an unjuit war againft theiii ; they con- quered thcij Indians J and their claim is befi, as well as juftly, founded in conqucil, which iliC inuians' acknovvk-d^c. CL T ^ labourin?:. I ' ! ,1 Bl 'iJi llBiF' J'' ', ' ( 230 ) labouring, (to our utter fhame, in vain,) to eflablllli Ibme equitable and fixed regulations, in the trade carried on between them and the Europeans. The European encroachments, not only by the extent of their lettlements, but by their prefuming to build forts in the Indian dwelling lands, and in the territories of their hunts, without leave, or by collufion; and the impofitions and frauds committed againfl the Indians in trading with them, have been the occafion of conflant complaint from the Indians -, and the invariable fource of Indian hoflilities : and yet even thefe might have been furmounted, were it not that we have conilantly added an aggravation to this in- juftice, by claiming a dominion in conic- quence of a landed pojfejjion. Againfl this, the free fpiritof an Indian will revolt, to the lafi: drop of his blood : This will be a perpe- tual, unremitted, caufe of war to them againfl: us. Againft it, they have at all times, and upon all occafions protefledj and they will never give it up. As long as we keep up this ufel^.fs, faithlefs, claim of dominion over them ; fo long fliall we be embroiled in war with them. The European power may perhaps finally extirpate them ; but can never conquer them. The perpetually increaling generations of Europeans in America, may fupp]^ ->>■ ( 231 ) fii]>ply numbers that miifl, in the end, Vvcar out thefd poor Indian inhcibitants from tlicir own country ; but wc llr.ill pay dear, both in blood and treafurc, in tbe mean \vhiic, for our horrid injuftice. Our frontiers, from the nature of advancing fettlements, dif- perfed along the branchings of the upper parts of our rivers, and fcattered in the dif- united vallies, amidil the mountains ; n-aifc be always unsiuarded, and defencelefs ai^ainli: the incurfions of Indians. And v/ere wc able, under an Indian v/ar, to advance our fettlements yet firther, they would be ad- vanced up to tlic very dens of thofe lavages. A fettler wholly intent upon labouring on the foil, cannot Hand to liis anns, nor defend himfelf againfl, nor fcek his enemy : Envi- roned with woods and fwamps, be know:* nothing of the country beyond hi;; farm— The Indian, knows every fpot for ambulh or defence. The farmer, driven from his little cultured lot into the woods, is loft : the In- dian in the woods, is every where at home : every bufh, every thicket, is a camp to the Indian ; from whence, at the very moment when he is fure of his blow, he can rufh upon his prey. The farmer's cow, or his horfe, cannot go into the woods, where alone they mufl fubfiil : his wife and children, if they (hut themfelves up in their poor wretched loghoufe, will be burnt in it : and 0^4 the " \. ■»,■ 'V ,■!"/. I ! ' :\ r.i I i; tl 11 H'^ i: CM t ' ' i )i. ;rl+; &f:.t:l(||f.;/tvl-k. , '■■! I ( 232 ) the hun)andman in the field will be Hiot down, while his hand holds the plough. An European fcttlcr, can make but momentary efforts of war, in hopes to gain feme point, that he may by it obtain a feries of fccurity, under which to work his hvnds in peace : I'he Indian's whole life is a warfare, and his operations never difcontinued. In (liort, our frontier fettlements mull ever lie at the mercv of the favaii^es : and a kttler is the na- tural prey to an Indian, whofe fole occui^a- tion is war -dnd huntinl^ To countries cir- cumfianced as our Colonies are, an Indian is the molt dreadful of enemies. — For, in a war with Ii'di ms, no force wh;\tevcr can de- fend our frontiers from being a conllant wretched (cene of conflagrations, and of the moft Ihockinu: murders. Whereas on the contrary, our tcnip'.^rary expeditions againft thefe Indians, even if fuccefsful, can do thefe wanderers little harm, i- v ..ry article of their property is portable, which they always carry with thera— And it is no pieat matter of dilireis to an Lidian to be uriven from his dweliin? "round, who fmds a home in the hiPc place that he fits down upon. And of tliis formidable enemy, the numbers, by * the latcli accounts, are 23105 fighting men. * This refers to the year 1763. If { -33 ) If we entertain r^n ulca of conqucll, ia fiipport of this ambitious folly of dominion, wc mull f(n'ni Aich a fcrics of magazines and entrepots lor flores, ammunition r.nd provifions ; wc mull maintain in conflant cmpli)y fuch a nv.mcrous train of waggons for th'w road.s, fucli multitudes of boats and vcllcls for the* waters ; we mud ellablidi fuch a train of fortiiicd poRs ; we mufi; iiip- port fuch a numerous army ; we mufl: form and execute f ich an enlarged and compre- hcnfive fyilcm of command; as Hnil gv^'C us military polleii'on of the whole Indi.wi country. Let now a ly fol !ler or politician conlider the enormous endUiS expcnce oi all this condud", and thcv ajifwer t what pro- fitable })urporvj fuel n .iafure leads ; which may in a mucli better and juller way be ob- tained. .>!| •!:>! '/ ••T I '.1 ' t; >. ' l:,< :!■ l-'^/' If our government confidcrs this well, and will Iii!:en to tiiofe wiio are bell verfed in In- dian affairs, it will be convinced that honcfly is tlie bell policy; and that our dominion in America, \ -^ be bell and furcfl founded in faith and juliiee, tov/ard the remnant of thefe niuch-injared natives of the country. In this hope, and with this view, I will endeavour to irate the Indian rights, and our duty toward them ; and to point out lli>.t line < I ! ( 234 ) line of condiid, which leads to it — And firil of the Kcnundlioni, or the Five-nation con- federacy. The Indian lands: i^rc ol two kinds — — Their dwelling land, v/herc their caftles arcj and their hunting gronnd. The dwelling lands of the Kenundiioni, or the Five- nation confederacy, is called Kennndioniga, and is at the top or higheft part of the continent, from whence the waters run every way — By the w^aters of Canada into the gulph of St. Laurence ; by all the rivers of the Englifli Colonies into the Atlantic ocean ; by the waters of the Millillippi into the gulph of Mexico. They rnay, in a general manner, be thus defcribed, by a line run from near Albany, north-weftward, along the Mohawk river on the north fide of it, north round Oneida lake, to the north-eaft corner of lake Ontario, thence along the lakes to Cana- hoga on lake Ofwego or Erie ; thence fixty miles diredly back into the country ; thence to Shamokin, on the Sufquchanna river ; thence along the Cufhietung mountains i thence again to the lower Mohawk caftles. The Indians themfelves defcribing, under confidence, to a friend of mine at Ononda- ga, this their fituation, faid, *' That it has many advantages fuperior to any other part of America. The endlefs m.oun- ** tains << €* ( 235 ) ** tains feparate them from the Englifli, all ** the way from Albany to Georgia. If ** they ihould have any delign againft the ** Englifli, they can fuddenly come down *' the Mohawk's river, the iJelawarc, the " Sufquehanna, and Potomac, and that with ** the ftream. They have the fame advan- ** tage of invading the Frencli, by the wa- '* ters of the river St. Lawrence, Sorel, &c. If the French fliould prevail againll: this country, they can, with their old men, wives and children, come down the llreams to the Englifli. If the Englifh fliould prevail in attacking their country, they have the fame conveyance down to the French ; and if both fliould join againfl: tlicm, they can retire acrofs the '* lakes." i*.< 1 I ( 236 ) Ef 1] Srcondly, Ohio, all that fine country (aii:! therefore called Ohio) lying on the fouth and call: fides of lake Erie, fouth-cail of tliLir Wt' dwelling lands. ^'hirdiy, Ticuckfouckrondtle; all thattniifl of country lying between the lakes Erie and Oilinois. Fotirihly, 'Scaniadcrladn, or the country beyond the lake^ all thit trad: of country lying on the north of lake Erie, and north- wefl of lake Ontario, and between the lakes Ontario and Hurons. The right of the Five- nation confederacy to their dwelling lands and the hunting rround of Couxfaclini'^a, and even down to the bottom of lake Champlain, was never difputcd. Tlie lands to the r.ortkward of Regio'jhne, and la Galette, have long fince been hc^qCk to the Canada Indians as an hunt- in;^ 1; round. In the year 1684, the Five nations finding thennLl'cs hard preticd by the French and their I Indians, did, by a ireatv at Albany, ^ ^ • put t!!o lands an.d . -Hos of the Mohawks and O'leidas luider the pr'.\'vJ-on of tie Rji- c7//3 -^ '•\ ^riiUicnt : and th." i np-Iif]i accord- in:;!-, Ji^dcrtook the tr:iji io guarantee tiiem to ( 237 ) to thefc Indians. And as the external mark, by which this acft and deed fhould be anoun- ccd, the Indians defired that the duke of York's -^ arms might be affixed to their caftles. The right of the Five-nation confederacy to the hunting lands of Ohio, Tieuck- fouchrondite and 'Scaniaderiada, by the con- qucfl they had made in fubduing the Shao- anaes, Delawares, (as we call them) Twic- twes and Oilinois, may be fxirly proved as they flood pofTefTed thereof, at the peace of Rcfwick, in 1697, .1- J ^4 i 1; In the year 170T, they put all their hunt- ing lands under the protedion of the Eiiglifh ; as appears by the records, and by the recital and confirmation thereof in the following deed. In the year 1726, the Seneccas, Cayou- gacs and Ononda-agacs acceded to the fame terms of alh'ancc, in which the Mohawks and Oncidas were already So that the whole of the dwcllino; and hunting lands of the Five-nation confederacy, were put under * The Du):c of York wa" proprietor of all the traft called new Nctlu'rlaadb, y'u. New- York and New Jeifcy. ' 1 the ( 238 ) i H; the protection of the EngliHi, and held by them IN TRUST, for and to the use of thefe Indians and their poflerity. Copy of Agreement with the Sachems of the Five Nations, TO all people to whom this prcfent in- flrument of writing fhall come. Whereas the Sachems of the Five Nations did, on the nineteenth day of July, One thoufand feven hundred and one, in a conference held at Albany, between John Nanfan, Efq; late lieutenant-governor of New-York, give and render up all their land where the beaver- huntmg is, which they won with the fword, then 80 years ago, to Coorakhoo *', our great King, praying that he might be their protedor and defender there, for which they defired that their fccretary might then draw an inftrument, for them to lign and feal, that it might be carried to the King, as by the minutes thereof, now in the cuftody of the fecretarv for Indian affairs at Albanv, may fully, and at large appear. WE, Kanakarighton and Shanintfaronwe, Sinneke Sachems; O-tfoghkoree Dekanifo- * It is by this name that they mean the King of England. 6 ree fg 0^ res V 239 ) ree and Aenjeueratt ; Cayouge Sue hems ; Raclyakadorodcn and Sadagecnaghtie, O- nondago Sachems, of our own accord, free and voluntary will, do hereby ratify, con- firm, fubmit and grant ; and l>y thtfe pre- fents do (for o\iirrelves, our heirs and fucccf- fors, and in behalf of the \\ hole Nations of binnckcs, Cayougcs and Onondages) ratify, confirm, fubmit and grant unto our moll- Sovereign Lord George, by the Grace ci God, King of Great Britain, France, and Ireland, Defender of the Faith, 6.c. his heirs and fiiccellbrs for ever, all tlie faid land and beaver-hunting, to be protecled and defended by his Jhid )najcji\', his heirs and fuc- celfors, to and fo)- the usr, of usy our heirs and Juccejjors, and the f aid three Nations ; and we do aifo of oi;r ov/n accord, free and vo- luntary will, give, render, lubmit and grant, and by thefe prefents do, for ourfelves, our heirs and fucceffors, give, render, fubm.it, and grant unto our faid Sovereign Lord King George, his heirs and fncceilbrs for ever, all that landlvinn; and bein<; fixty miles dillance taken dirccllv from the water, into the coun- try, beginning from a Creek called Cana- hoge, on the lake Ofwego, all along the fiid lake, and all along the narrov/ paffagc from the faid lake to the fiills of Oniai^ani, called Canaquaraghe, and all along the river of Oniagarn, and all along the lake Catara- qui :.(i m I ' !l ( 24-0 ) nui to the creek called Sodon*^, belonc^In j to the Sinnckes, and from Sodons to the hill called Tcgechunckfcrode, belonging to the Cayouges, and from Tegechiinckferode to the creek called Cayhiinghage, belonging to the Onondari^es ; all the faid- lands bcinp- of the breadth of fixty Englifh miles as aiore- faid, all the way from the aforefaid lakes or rivers, directly into the country, and thereby including all tlic caftles of the afore- faid tlirce Nation?, with all the rivers, creeks and lakes, wdthin the laid limits, to he pro- tccli'd and dt^fhidcd by bis faid hiajcjiy, bis k:irs and fuccejjors for ever, to and for our \j^v., our heirs and fiiccefjhrsy and the faid three nations, In tcflimony whereof, we have hereunto fet our marks and affixed our feals, in the city of Albany, this fourteenth day of Sep- tember, in the thirteenth year of his majefty's reign, Annoqiie Domini 1726. Tlie mark of RaclvLikado- rodon, \.|jf-^v/ %Jy^ '% a Sacliem of theOnonda- ges. (L.S.) The 1. i; IT The mark of Kana- karighton. The mark of Otfoghkoree, The mark of Sa- degeenaghtie. The mark of Dekaniforee, Vol. I. ( 241 ) a Sachem of the Sin- nekes. (L.S.) a Sachem of the Cayouges. (L.S.) a Sachem of the Onondages. (L. S.) R a Sachem of the Cayouges. (L.S.) The ; t 1 \r ( 242 ) 3*11 •' *■-<•; ; km The mark of Shanintra- ronwee. The mark of Aenjew- eratt. a Sachem of theSinnekes. (L.S.) a Sachem of ^\ the Cayoii- V gcs. (L. S.) Signed, fealed, and deh'vered, in the Prefence of us Phihp Livingfton, Peter Vanbrugh, Myndcrft Schuyler, Lawrence Claufen. Secretary's Office, New- York. The pre- ceding is a true copy of the Record in Lib. Patents, Numb. 9. p. 253, 254. Examined and compared therewith by Geo. Banyer, Deputy Secretary. In (lead ( 243 ) Inflead of executing this trujl faithfully and with honour y by cxtcndini^ to the Indians our civil protection a^aind the frauds of the Englilh, and our military protedion againfl: the attempts of tlie Trench; we have ulcd this trull only as a pretence to affjime a domi- nion over them — We have fuflered tiie En- glidi fettlers to profit of every bad occafion to defraud thcni of their lands — We have never made any eifedlual regulations to pre- vent their being defrauded in their trade -, and until our own interefl appeared to be aftedcd, we abandoned them to their own chance and force, oppofed to the flrength of a powerful enemy. Nay, when at lad we thought necellary, for the fake, not of na- tional faith and honour \ for the fake, not of thefe our faithful allies ; but for the fake of our own fafety and intereit, to interfere, inop- pofmg the French encroachments; ^ we took it Mi. ;t* * Seeing, when I was at Alex.indria, by order of the late Duke of Cumberland, to meet General Braddock, the heedlefs headloni:; wav of proceeding — on whicli Colonel Johnfon was ordered (as though the Indians were flaves, (^r under mili'^ary diiVipline) to bring fo many Indians into the field ; 1 remonltratcd a2;ainll this pro- ceeding, and ftated, That if v.'e did cxpeit to engage the Indians to join us, we muft do it on tf e ^ ,:u:d of their treaties with us. I'his was neither perfectly undcrflood nor attended to : Yet from t!ic lituati.in in which b -th Cieneral Braddock and General Shirley knt-w I then ilood — they found it prudent to giv/ fomc attention to what I fuggefted ; and dcftrcd mc to dtaw up fbniC in- 1^ 2 itru«tijns i M !i I M ( 244 ) it up ;is difpiulng the empire of America with the r'rciicli ; not as proteding and guarding the Indian lands and intcrcll: to their ule, agreeahle to the facrcd trull by which we were bound. — And thus thefe la- vages (as we to our own l]i.\me call them) repeatedly told us, ** That both we and the ** French Ibught to amufe thi-m with Jinc " taks of our fcvcral u[">riglit intentions : *' that l)0th parties told them, that they *' made war for the proteclion of the Indian *' rii>hts, hut tliat c;z/r ^7c7/:?;/j- plainly difco- ** vcred lliat tlie war was oidy a contcfl *' who ihould become mailers of the coun- *' try, which was the property neither of ** the one nor the other." Since we have driven the French covcrnmcnt from Amc- rica, we have confirmed this charge of the Indians againfl us ; bv afluming that domi- nion which in faith and judice we cannot fay we have gained over the Indians, v/hich, in fadl, we liave not gained, and v/hich (be it remembered) will coif more blood and trea- fure before we do gain it, than it is for the honour and interelt of Great-Critain to ex- pend ill ib bad and ufelefs a c:.ufc. While ftiuclioiib foi Colonc] Johnfbn. On that ground I imme- diate!)' drew up ihofc which arc in the ApjK-ndix, N". Xi. — which u'crc Wni alter Cf'h'Hcl Johnion ; and which became the grcimd, as Colonel fohnlbn afterwards wrote me, on which he was cniiblcd to engage the In- dians. thefe ( 245 ) thcfe poor tribes of hunters remain, it will be our own iaiilt it they do not remain in pcrfedl harnicjny and good alliance with us. As hunters, th.'ir intcrelt C'm never interfere with ours, as lettlers ; but, on the contrary, will become the Iburce of a natural and the mofl profitable trade to us as traders. They are continually wearing away, and as they diminidi or retire, they cede their lands to us in peice j which we thus in time (as fafl as we can really want them) may poffcfs in riirht and juftice, untainted with the im- peachment of having been gained bv murder and fraud. While therefore we do remain a great and jull nation, as we pride ourfelves Great Britain is ; we Ihould abhor the black bafe thought of ufing the power which pro- vidence hath given us, to the ruin and de- flrudtion of thefe brave and free people j of thefe people who gave us our firfi: fettlement in this country, and have lived with us, ex- cept under fome temporary interruptions, in a feries of faithful alliance. If thefe confiderations, taken up in the courfe of that general review of the Colonies, and of the adminillration of their affairs, which I now publifli, were intended as an exprefs treatife on Indian affairs ; I Hiould think it rio^ht to examine all the comnlaints and feveral claims of judice which the Five- nations have made, and have repeated for many years; which I would fouiid hril on R 3 cxtrads 'HI ( 246 ) extr;i(fls from the rert rds of Indian affair'; j and iccondly, on the ;':flrirv oftiic landed pa- tents; ap.d thirdly, Ci. tiic occalions taken to crce'i, without their leave, furts on the Indian lands, whicli nieafnre tlio Indians aUsayscon- Ijder as an adt of (iominion. In this ir VVilliiim Johnfon, called the treaty of Fort John Ton, R 4 affairs, p ' I ,1* ( 248 ) affairs, I might here point out " t/je caufcs of the alvmation of the D claw ares and SLi-^ ivlincfe Indiafis Jrom the Britijh hitercjl -., by extra5ls from the public treaties^ and other authentic papers relating to the tranfatlions beticeen the government of Penfyhania and the f aid India vs for n:'ar forty years pciji', " as fet f^M-th in a nicmoir which I have hnd by me for many years. 1 cojld alfo from a fcries 4* of letters for X^iw years, from Mon- fienr ue Voudrciiil, while 1/ ivernor of I.oiii- fiana, to his court; point out thefc ncgledts and errors; as alfo the manner in which the French proiitcd of thofe our errors, by which w'Q loft the Cherokecs, and other louthern tribes. After what has been explained, it will be furhcient liere to fay, that, ift. Doing juflice to our filth and honour, bv treatincj the In- dims according to the real fpirit of our al- liances with them; 2dly, That doing the Indians juilice in their lands; and 3dly, Giv- ing up that idle, ufclefs claim of dominion over them ; are points abfolutely and indif- penlibly necelfary to be adopted into our po- litics ; unlefs we have ferioully taken the refolution to force our way by war. Until tliefe points are adopted, we never Ihall have •f Thefe letters in manufcrlpt arc aiithmtic; but I 3in not at iibjiiy to lay how ih 'y caiiie inLo my pollLl- r cac ( 249 ) pc.icc And It dcfcrvcs thorough and iiiiiturc (iciiJ-.ciMticm how wc and poilcio Aiiicrica by wiir. iiiiiturc (iciiJ-.ciMticm how wc cnin^c to fettle Tlicfc mccirurcr, of fciiiKl pohcy once fi.vcd ri|.)on, tlic next ilcp is to cilablilh an Adini- nilh'ation tor th-: condu(!:Hnc2: Indian affairs.-— This part of tiic plan wluch I propoftd, is in pi'-t ad(;i>tc.]. D y iiviumci- ll ic maniLiC- mcnt of Indian affairs into two Intcndcnciv.s — one for the northcni, the otlicr for tlie fjiith crn nations but, as every Vuno- v/ hich I could fav further on this head, hath b^c f n ay n )ine vciry )' P t IL .ted in tire ir.eniorLii :in- excd to th.efc papers, I will b.cre refer the reader to "^' tjiat liiemorial on tliefe points. ri ic mealares rcconinien ded tl u I v/ an onDortunitv or coirnarinir 7 ty ^p em the i 1 lave m w [th the events of eiijbit -j- year.'", found to be fuch as 1 d o nicjil; liiKCiciy Vv'iih ma / d be at; carrie into execution — :iJKi 11 a private perion might prefumc to obtrude advice, (which has not formerly been negicded, wlvjn th? affairs of tlie plantati^.-ns were full as happily adminidered, as they have been of late) f would now venture to rccv)mmend the eon- fideration of thefj meafures, to tl;ofc \vLc:0 duty it is to :\^'i in tliefj malt^r^. \Viie:i thelc matter-^ lliall be Icttlcd as tliev ou'-r,t to be, ihen if r.r'.y be time to take up tiie * .Aivr-nHix, N^ Vlil. •■ I ll -v iLu;. tu the ycur r"?*. ( 250 ) confideratlon of proper regulations for the Indian trade : and when that time comes ; if a plan, which I have accidentally feen, be carried into execution ; I would venture to fay, that every thing which can or ought to be done in Indian affairs will be efFeded. 1* i:r;.' C II A P. VIII. Conpuhrafion of the Commerce which arifes from Co/op.ies; and Revijion propofed of the athial Jlate of that of the Britijh Colonies, IF with the fame fpirit, guided by the fame principles, a reviiion was made of the lavv's of trade, fo far as they refped: the Colonics ; it would anfwer more wife ends of government, and more the interefl of the governed, both here as well as in tlr Colo- nies ', than any endeavour, even though fuc- cefsful, to carry the prefent laws into exe- cution. The principles on which the a6l of navi- gation is founded are jiiil^, and of found po- licy ; but the application of them, by the modes prefcribed, as the laws now Hand, to the prefent ftate of the Colonv trade, is nei- ther founded in jullice or prudence. Any fpirit that would ioxco, this application, would injure tlie principles thcmfelves, and prove injurious to that commercial interefl, which thofe very ads of trade mean to fe-- curc ,.i ( 251 ) cnrc to Great Britain : whereas, upon a due rcvilion of thole huvs, it would appear tliat there are means of producing this-fame end, coniiflcnt with the particular intercft of the Colonies, and what would carry the general commercial intereft of the mother country to the utmoft extent that it is capa- ble of. ■;! The laws of trade refpedling America, were framed and enad:ed for the regulating mere plantations ; tradls of foreign country, employed in railing certain fpecilied and enu- merated commodities, folcly for the ufe of the trade ai^d manufadlures of the mother- country — tlie purchafe of which, the mo- ther-country appropriated to itfelf. Thefe laws conlukred thefe plantations as a kind of farms, which the mother country had caufcd to be worked and cultured for its own ufe. But the fpirit of commerce, (ope- rating on the nature and fituation of thefe external dominions, beyond what the mother country or the Colonics tliemfcivcs ever thought of, plap.'icd, or even hoped for) has ivronght up tbcj'e plantatmis to hccO'iic objects of trade ; has enlarged and combined the intercourfe of the barter and exchancre of their various produce, into a very complex and extenlivc conimercial intercft : The ope- ration of this foirit, has, in every ioarce of intereft and power, railed and cllablilhcd ti'iC 1 ': H- ( 252 ) the Britijk government on a grand commsrcial baf.s y has by the fume power, to the true purpoies of the lliine interell, extctulcJ the Eritifli dominions through every part of the Atlantic Ocean, to the adbially forming a GRAND MARiNE EMPIRE; if the admini- flration of our government, will do their part, by extending the Britifh government to wherefbever the Britifh dominions do extend. If, oji the contrary, we are predetermined to carry into ilricft and literal execution, the na- vigation adt, and other laws refpeding the plantation trade — without reviewing and confidering what the very different circum- ilances of the Colonies now are, from what they were when they were firll fettled, merely as plantations, and when thefe laws were iirft made, — we mufi: determine to reduce our Colonies again to fuch mere plantations : We mufl either narrow the bottom of our commercial interefl, to the model of our plantation laws ; or we muft enlarge the fpirit of our commercial laws, to that latitude to which our com- mercial interefl does adlually extend. Thus flands the facfl — This is the truth — There is no otiicr alternative. But if we would profit of them in thofe great commercial benefits, to thofe great political purpofes, which they are capable of producing; which they lead to J which the whole icrain of our politics have, for many years, taught us to value ^1 r'i' :h ( ^S3 ) value ourfelves upon ; and which have really been the Iburce of all our wealth and power j we mult examine thoroughly the (late of this commercial interefl, we mult make a fincerc, unprejudiced and candid review of thefe laws of trade, — and by true and more en-, larged principles, model them on the ideas of rcp-ulatinj:^ the condu6t and the intcreft, of various and widely extcnd'jd parts of a one }j:reat commercial dominion. The view of Colony-trade in general, as well as of manufactures in particular, ter- minates in fccuring an extenfive and perma- nent vent ; or to fpeak more precifcly (in the fame manner as fhop-keeping does) in having many and fure cr.itomers : The wif- dom therefore of a tradir.g nation is to gain, and to create, as many ^s poilible. Thofc whom we gain in foreign trade, we polTcfs under refirivltions and difiicultiesi and may lofe in the rivahliip of commerce. Thofe that a trading nation can create within itfelf, it deals with under its own regulations; and makes its own ; and cannot lofe. In the fettling Colonies, a nation creates people, whofe labour, being applied to new objeds of produce ar;d nev/ materials of manufac- ture, opens new fources of commerce. By tlicfe means the pr<;plc thus created, not only live in eafe and afflucnje within thcmfelves, but while they a;*c labouring under and for the F'i/V m> '1. k 'pi: M !«!* ,n- ';"v ■ »5i ■ Pill m ( 254 ) the mother country (for there ail their ex- ternal profits center) become an increaiini; nation of appropriated culliomers to their mother country. They not only encreafc our manufadures and exports by what they confume themfelves ; but, in the courfe of their circuitous trade, extend our commerce alfo. So far as our Colony- trade is a monopoly, government fliould precifely dired: its care to tv70 eflential points : lil, That all the pro- fits of the culture, produce and trade of thefe Colonies, center finally in the mother country. — adly, That the Colonies continue to be the cuilomers purehafmg of the mo- ther country alone. On the other hand, fo fftr as their circuitous trade either extends the commerce of the mother country, Ox- creates by its adivity a balance which finally centers in it — e'vcry relaxation, ivbich is not dcjlniLlive of this monopoly, Ihould, if not of favour, yet of worldly prudence, be per- mitted to thefe Colonies. Further, as this monopoly is an opprciiive, though a necef- fary abridgement of that freedom, which j-h'itilh fubjeds within the realm enjoy, and is an iiDpofition, if not a dired tax, to the amount of the external balance of fuch trade — wife and true policy will be careful how (to ufe the expreffion of an olti pro- verb) it *' taxes the calf in the coi::'s belly.'' 1 will ^ l'l. u ( ^55 ) I will firfl: dclcribc the circuit of the North American commerce, and then fug- ged fome fuch meafiires as may tend to pro- duce a happy eilabhflimeni of our trading interefl, on true com.tneu ial principles. As the matters contained in the following repre- fentation, arc fairly Hated, according to the truth and fa(fl; and the conlequences thence deduced, are fucli as adual experience Ihows to be in exiilence ; I am fure I cannot give a more clear, didindt, or better Itate of the American commerce than it contains. * This reprefentation dates, that it is the lingular difadvantage of the Northern Bri- tidi Colonies, that, while they Hand in need of vad quantities of the manufadures of Great Britain, the country is productive of very little which affords a dired: remittance thither in payment ; and that from necedity therefore, the inhabitants have been driven to feek a market for their produce, where it could be vended ; and, by a courfe of tradick, to acquire either money, or fuch merchan- dize as would anfwer the }. urpofe of a re- mittance, and enable them to fudain their credit with the mother country. That the prodigious balance arifing in her favour, is a fad too well known to the merchants of Great Britain trading to thofc parts, to need * New-York petition. any l^ 1, IHi ( 256 ) any clucidiition : but, as the nature of tlie petitioners commerce when free from re- train ts, iMch they think of fatal cjj'e^^ and tlejlrnclive to it, ought to be undcrftood -, they beg leave to oblervc tliat their produce when lent to our own and the foreign iilands, was chiefly bartered for fugar, rum, mc- lafles, cotton, and indigo; that the fugar, cotton, and indigo, ferved as remittance to Great Britain -, but the * rum and melafTes ♦ This rum and mclaflcs became, to the Caro'.Inas and other fuuthcrn Colonics, not only a nntter ci aid in their own confumption, but alio an article in their Indian commerce j became to the inhabitants of New Kniiland and New Scotland, an aid in their internal confumption, but alfo a confidcrable aid to the con- fumption in their fifhery. The avowed and chief articles of commerce between North America and the parts of Europe to the fouthward of Cape Finiflre are, iifh and rice. Rice is the produce of Cart^lina, and the fiHi-ry is the more peculiar bufint.fs of New England snd Nova Scotia. Each of thefe countries produces and manufaitures, the one more rice, the other more fifh than they confunie in their own fubfiftence and in their own foreign trade ; and i'o each exchanges that furpluCagc for the rum, or rather the mcl iffes which the New "V'orkcrs fetch from the Wcfi Indies. Jjy which the New Yorkers, like the Dutch in Father- land, chiefly carriers, are enabled to make out adventures Ig the Strei:>hts and to Africa. bincethe writing of th« note ab(Ae, corn and flour, carried dire«i.tly to foreign ports in Europe, has becouie a molt cxtenlive and important branch of American commcicc. It is carried chiefly from the Middle Colonies j a ^rcat de^.l however comes from Canada. ^^ conflitutcd age lew ote )rts ant ■fly ncs cd { ^S7 ) tonftitutcd elTcntial branches of the petition- ers commerce, and enabled them to barter with our own Colonics for hih and rice; and by that means to piirfue a valu.il^le trade with Spain, Vortugal, and Italy , where they chiefly obtained money or bills of exchange in return ; and likewife qualified them for adventures to Africa, where they had tlie advantage of putting oiT great quantities of Britifh manufadlures, and of receiving in exchange, gold, ivory, and Haves ; whieh lall, difpofed of in the Well: India iilands, commanded money or bills : Rum was in- difpenfable in their Indian trade ; and, with Britifh manuflidtures, procured furs and ikins, which ferved for confiderable returnr, to Great Britain, and encreafed the revenue thereof: that the trade to the bay of Hon- duras was alfo very material to their com- merce, being managed with fmall cargoes of proviiions, rum, and Britifh maniifadures ; which, while they were at liberty to fend foreign logwood to the different ports in Eu- rope, furniflied them with another valuable branch of remittance ; that, from this view, it is evident that fugar, rum, melafTes, and logwood, with cotton and indigo, are the eilentials of their return - cargoes, and the chief fources from which, in a courfe of trade, they have extended their ufefulnefs Vol. I. S to, J I II ( 258 ) fo. and maintained their credit with Great liritain. That confiderlng the prodigious confump- tion of Well India produce in Great Britain, Ireland, and the continental Colonies; the rapid incrcale of thofe Colonies, (their inha- bitants already exceeding * two millions) ; tlic vail accelfion of fubjedls by the late con- qucils; bcfides the innumerable tribes of In- (iians in the cxtenlive countries annexed to the Eritilli crown ; the utter incapacity of our own illands, to fupply fo great a demand, nuiil: be out of all qucftion : On the other hand, the lumber produced from clearing this immenfe territory, "f* and provifions ex- traded from the fertile foil, which mod of the inhabitants are employed in cultivating ; mull; raife a fupply for exportation, with Vvhich the confumption of our own iflands can bear no fort of proportion ; :j: that it feems therefore !i! * Including the Blacks. t This includes bread-corn, bifcuit, flour, beef, pork, and the Imaller articles of" live Hock. X If we, by artificial reftraints, endeavour to cut ofF from between the foreign Weft India iflands, and our Norrh American Colonies, that intercourfe and ex- chantie of fupplies which is now neceflary to them j or to clog it in a manner that renders it detrimental or impracticable to thofe iflands j— may we not force them ^.i m ♦'1 ; '4 ( 259 ) therefore confirtcnt with found policy to In- dulge thofc Colonies in a free and uiire- ftraincd exportation of all the lumbt*r and produce they raife and can fparc ; and an ample importation of fugar, rum, and me- lafles, to iiipply the vari:)us branches of their trade, to which they appear fo ncceli'iry ; that, without the one, ihj clearing of new lands, which is extremely laborious and ex- penfive, will be difcou raged ; and provilions, for want ^^'vent, become of little protit to the fcin . : without the otiier, the pe- titioners muil be plunged into a total incapa- city of inaking good their payments for 13ri- tiili debts; their credit mull fink; and their imports from Great Britain gradually dimi- nifh, till they are cojitracled to the narrow compdfs of remittances, barely in articles of their oivn produce -, and that, how little fo- ever their intercll of commerce could be pro- moted, the Colonies, thus checked, muft, from inevitdble ncceflitv, betake themfelves » them liito wbit fliouIJ foem their natural conrfe of commerce j an iir.ercourlc with their own Ct^lonie?, in the fouthern latitudes ? wiicr.ce they may b^; fui;- plicd v.'ith all tliiife articles of lumhr and live Ihu.k, uPid bread-corn, ^'c. which at pielciit, by a luclcy, rather than a natural or neceiTary rourib of trade, create a^moft: a monopoly to Northern An;crican Coioni;;s of the Welt Irdia fiipply. S 2 to rMAGE EVALUATION TEST TARGET (MT-3) '^ 1.0 I.I ■" U2 12.2 ■ 4 5 lis IL25 1 1.4 1.6 V] o> y] '//'t Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) S72-4503 •sj \ <^ %. <^. ^ ^^%'^:^^ <^^^ '^.1. > > ^4^, .^ <;. C^ Z ^ ( 26o ) to manufactures of their own, which will be attended with confequences very detrimenti^l to thofe o( Great Britain. The petitioners, having thus reprefcnted the nature of their commerce, proceed to point out the feveral grievances, which it labours under, from the regulations prefcribed by the lav/s of tride; and which, if not remedied, they conceive muft have a diredi tendency to pre- vent the cultivation, and ruin the trade, of the Colonies, and prove highly pernicious to both the landed and trading interefl of Great Britain ||. That the heavy embarraflments, which attend the article of fugar, is a capital fub- je ,,,,. S4 That ,.i • HI V- 1 '5;! i'> i ( ?^4 ) .That their lumber and pot-aih even when (hipped for Ireland, where they are fo necef- Ihry ; the latter particularly, for the progrefs of their linen manufacture ; and proviiions themfelves, though intended to relieve that kingdom from a famine; are fubjcd: to the fame diilreiling impediments ; nor is flax- feed (on the timely importation of which the very exigence of the linen manufadiure of Ireland immediately depends,) exempted, although it is a fadt capable of the moll fatisfa(5tory proof, that, without the delay now created, it has been with difficulty tranf- ported from that Colony, to be there in proper feafon for fov/ing ; that what renders lb injurious an obflrudtion the more afFedl- ing, is the refledlion, that, while it deprives the petitioners of the benefits arifing from flax-feed, lumber, and pot-alli ; thefe articles may all be imported into Ireland diredtly from the Baltic, where they are purchafed from foreigners, under the national difad- vantage of being paid for with money inflead of manufad:ures ; and the petitioners there- fore humbly beg leave to exprefs their hopes, that an evil in io high a degree pernicious to them 'y to the flaple of Ireland ; and to the trade and manufactures of Great Britain ; and which in times of war muit fall on all with a redoubled weight ; will jiot fail of obtain-- That the petitioners conceive the North American fifhery to be an objcd of the higheft national importance ; that nothing is lb eil'ential for the fupport of navigation ; fjncc by employing annually fo great a num- ber of /hipping, it conftitutes a refpedablc nurfery for feamen ; and is fo clearly advan- tageous for remittances, in payment fun* Brifiih manufa(ftures ; that the petitioners therefore ■'i»Tn-, ' t f ( 265 ) ing the attention of the houfc, and an imme- diate and effedtual redrefs. ; ' ; v . That they beg leave further to reprefent, ' that the wines from the ifldnds, in exchange [ for wheat, flour, iilh, and lumber, would confiderably augment the important article of remittance, was the American duty with^ drawn, on exportation to Great Britain : and that it is therefore humbly fubrnitted, whe- ther fuch an expedient ; calculated at once to attach them to hulbandry, by expanding the confumption of American produce ; to encourage Britifh manufadlures, by enabling the petitioners to make good their pay- ments ; and to encreafe the royal revenue, by an additional import of wines into Great Britain; will not be confident with the united interefts both of the mother country and her Colonies. ■I i ■ : v.- ■i ( 266 ) therefore humbly prefume, that it will be cherifhed by the houfe with every pofliblc mark of indulgence ; and every impediment be removed, which tends to check its pro- grefs. That the enlarging the jurifdidlion of the admiralty, is another part of the ftatutc of the fourth of his prefent majefly, very grie- vous to the trade and navigation of the Colo- nies, and opprefiivc to the fubjedt j the pro- perty of the trader being open to the invaiion of every informer, and the means of juflice fo remote as to be fcarcely attainable. That the petitioners beg leave to exprefs the warmeft fentiments of gratitude, for the advantages intended by parliament, to Ame- rica in general, in the opening free ports at the iflands of Jamaica and Dominica ; yet, at the fame time, they cannot but lament, that it is their unhappinefs to be in no con- dition to reap the benefits which, as it was imagined, would flow from fo wife a policy j that the colleding great quantities of the produce of Martinico, Guadaloupe, &c. at the ifland of Dominica, v/ill be the natural confequence of opening that port, and would pro/e of real importance to thofe Colonies, were they at liberty to bring them back, in return ( 267 ) Id '» n n return for their lumber and provifions ; but, as they are now prohibited from taking any thing, except melafles ; and, it is juftly ap- prehended, there cannot be a futhcient quan- tity of that commodity to fupport any con- fiderable trade ; the petitioners think it evi- dent, that no fubllantial advantage can be derived to them under fuch a reftraint : that they are, at the fame time, at a lofs to dif- cern the principle on which the prohibition is founded ; for, lince fugar may be im- ported direct from the foreign iilands, it ieems much more reafonable, to fuller it from a free port belonging to Great Britain; that the petitioners therefore humbly hope, that it will be thought equitable to adapt this trade to their circumllances, by grant- ing them liberty to import into the Colonies, all Weft India produ6tions, in exchange for their commodities. That upon the whole, although, at the laft feffion, the neceffity of relievirr the trade of thofe Colonies feems to have '}een univerfally admitted, and the tender regard of parliament for their happi- nefs highly diftinguifhed ; neverthelefs, e:c- perience has evinced, that the commercial regulations, then enadled, inftead of remedy- ing, have encreafed the heavy burthen under which it already laboured, ■ , % I 5! tc la !. 11 I 1 n ■\ ( 268 ) <( €t tt tt << <( It f€ It tt it tt tt tt tt tt tt tt tt It tt tt t< * ** In this furvcv one thin? mufl fic taken notice of as peculiar to this countrv^, which is, that as in the nature of its government, ih in the very improvement of its trade and riches, it ou':»ht to he confidered not only in its ov/n proper intercfl, but likewife in its relation to England, to which it is fubordinate, and upon whofe weal in the main, thiit ol this kingdom depends, and therefore a rcg'rd muft be had to thofe points wherein t?ie trade of Ireland comes to interfere with any main branches of the trade of Eng- land, in w^hich cafe the encouragement of fuch trade ought to be either declined or moderated, and fo give way to the interell: of trade in England. Upon the health and vigour whereof the ftrength, riches and glory of his majelly's crown feem chiefly to depend. But on the other lide, fome fuch branches of trade ought not wholly to be fupprejfedy but rather fo far admitted as may ferve the general con- fumption of the kingdom, leji by too great * Letter of Sir William Temple to Lord Effex, in July 22, 1673, concerning the ftate of Ireland, wherein the reader will fee the furvey taken of the trade of that country, at that time, fo appofite to the ftatc of the trade of the Colonies at this feafon, it will be impoffible not to apply it. - •• : :^^'''i'.i '>()♦ ,:iin'')»'rv': ■ > « C ^ '. ^ - .• tt an i.^>A ( 269 ) -nr-i <( «( (( an importation of commodities y though out of Ji.ngland itfelf the money of this kingdom happen to be drawn away in fuch a degree^ as not to leave a Jiock fufficient for turning •* the trade at home,'* If many of thefc regulations above pro- pofed and fubmitted to confideration, cannot be admitted; while the Colonics are, by the laws of trade, con fidered as //7t';Y/>/^/«//7//W; And if the improved commerce of the Colo- nies, cannot any longer fubfill as a branch of the commercial intereft of Great Britain, if they are not admitted \ Great Britain is re- duced to the dangerous alternative, of either giving up the fubordination of the trade of its plantations, or of giving up its commerce, as it hath been extended and improved, by its Colonies becoming commercial flates : from which, otherwife inevitable danger, nothing but the general plan of union, as repeatedly above recommended, can preferve it. The general principle of the laws of trade regulating the Colony trade, is, that the Colonies fhall not, on one hand, be fupplied with any thing but from a Britifh market ; nor export their produce any where but to a Britifli market. In the application of this principle, the prefent laws diredl, (except iri Ibme fpecial particulars,) that the Colonies 4 fhall III ' 'ii k ■■f "i ^ ( 270 ) fliall import all their lupplies from Britain^ and carry all their produce to BrUdin, If now, inftead of confining this market for the Colonies to Britain only, which is a partial and defective application of the ge- neral principle whereon the adt of naviga* tion is founded ; this Colony trade was made, ainidft other courfes of trade, an occafion of cflablifliing Britijh markets even in other countries ; the true ufe would be derived to the general interefl: from thefe advantageous circum fiances ; while in particular the Colo- nics and the mother country would be mu- tually accommodated. In the iirft cafe, the general interefl:, perverted to partial purpofes, becomes fo far forth obflrudted -, in the fe- c'ond, it would be carried by the genuine fpirit of it, to its utmoft extent. — If, under certain rcllriftions, fecuring all thofe duties v/hich the produce of the Colonies, carried to market, ought to pay to the mother coun- try; the Colonies were permitted to export their produce (fuch as are the bafis or ma- terials of any Britifh manufacture excepted) diredtly to foreign countries ; if fo be they fold it to any Britijh houfe eftablifhed in fuch place, and were alio permitted, if they bought their fupplies from a Britijl) houfe eftablifhed in thofe parts, to lupply them- felves with the natural fruits and produce of .: that * i ( 271 ) that country (all manufadurcs that any way interfere with the Britilh manufadlures ex- cepted) paying there to Ibme Britifli officer, (or upon their arrival in the Colonies) the Ihme duties as they would have paid hy pur- chafing the fame commodities in England j every end propofed I y the principle of the adl of navigation would be anfwcred ; the exports of the Colonies would be encou- raged; and the Britijh market greatly ex- tended. The Colonies would not only trade to, and be fupplied by, a Britijh 7narket \ but would become an occafion of eftabliHiing the Briti(h market in foreign countries. The fame reafons of commerce, which, in a nar- rower view, became the grounds for efta- bliiliing factories at Petei-lburgh, Riga, Ham- borough, Lifbon, Cadiz, 6cc. would on a more general and extcnlive balis become the foundation for eftablifliing and building up thefe BriliJJj markets in every region to which our trade extended itfelf ; for while it necef- farily enlarged the fpccial intereft of the Co^ lonies, it would enlarge it only at Britilh markets, and to the final profit of the Bri- titli general commerce : The profits of fuch market, finally centering in Great Britain. If this maxim be not true — that the profits of the factories fettled in foreign ports, finally ^i I center i ( 272 ) center in Great Britain; the meafuro of efla- blifhing fuch is falfe in policy : If the maxim be true, the permitting our Colony exports, to go diredlly to the ports where fuch fado- ries are eflablillied ; is not contrary to. the principle on which the a6t of navigation arofe, but becomes coincident with, and aiding to it, in extending the Britifh naviga- tion and Britifli markets, and fecuring the final profits thereof to Britain only. If this method of reafoning be found not contrary to the principle of the adl of navi- gation ; if this meafure, at the fame time that it encourages the trade of our Colonies, is found to do it in a way fubfervient to the general commerce of Great Britain ; extend- ing the Britifh markets, and fecuring the final balance of profit to Britain only; if this fpirit of adminiftration, fo far as govern- ment has a right to diredl the courfe of trade^ be adopted in this part of it; the great points which it has to fecure, are firfl, that the Colony-exports to, and the fupplies pur- chafed by them from, thofe foreign ports, be fold and bought at a BritiJJj market only.-^ The government has a right to extend its laws to thefe Colony traders, and to the fac- tories eftablifhed in foreign ports. It can therefore, partly by fuch laws as it finds proper to enad, for the regulation of this fadtory Tt ( 273 ) fadory trade; and partly by obliging thcfe Colony traders to give bond before their departure from the Colonies; fecure and con- fine all theie tranfadlions of that commerce, which is permitted at any fuch port, to a Bri- tiff:) market only ; the laws that eflablifhed thefe, being a favour extended to the Colo- nies ; and promoting the intered of thefe fad.ories, would, as all laws of trade fhould do, execute themfelves ; and by giving the requifite powers to a conful or naval otiicer refident there, would be cafily adminiHered by fuch officer. The next point to be guarded, would be the fecuring thofe duties, which this trade ought to pay, to the government of Great- Britain: If the fame duties were paid, or fe- curity for them taken in thefe foreign ports, as would be or fliould be paid by the Colony trade, if the traders v/ere flill obliged to come to Britain; every end would be an- fwered 10 the government revenue ; and thefe charges might be fufficiently fecured, by obliging all thefe traders to fail under bond. The arrangements to be taken in fuch cafe, ought to be that of adding to the office of conful, fuch pov/ers as in the Colonies, (before the eftablifhment of fpecial revenue officers there,) were given to the naval officer; or to eftablifli a naval officer. The conful Vol. I. T or ■f j! i ■•f ( 274 ) (!)r naval officer, in this branch of his admi- niftration, (hould be fubordinate to the com- mifTioners of the cuftoms and the lords of the treafury. If the duties were colleded by him, in the ports of his diftridt, he fhould account and give fecurity for the fame : if bonds only, (as fecurity for the payment at fuch Britifh or plantation ports,) were given 5 he (hould keep the regifler of the fame; and correfpond with the commiffioners of the cuftoms, and fuch officers as they diredl, as to the fulfilling, cancelling, or profecuting to efFed, faid bonds. Thefe general arrange- ments, taken ; together with fuch further fpecial regulations, as the experience of the commiffionrs of the cufloms fhould fuggeft ; the revenue of the Colony and fadory trade, under this mode of adminiftration, would be well fecured, chearfully paid, and eafily coUedted. Under the adminiftration of fuch meafures, there does not appear any reafon why all the produce of the Britifh Colonies, which are not the bafis of, or do not interfere with the Britifh manufadures, might not be carried diredtly to a Britijl: market at a foreign port, —and why the carrying of rice to foreign ports might not be extended, under thefe laws, to all fuch foreign ports whereat a Bri- tifh factory is eilablillied. — Nor under this mode ( ^75 ) mode of commerce, can any fufficient reafon upon earth fubfift, why the Colony traders fliouldnot be permitted to load at thele ports^ the fruits, wine, oil, pickles, the produce of that country; and alio fuch raw unmanu- fadured produce, as would not interfere with the manufad:ure of Great Britain; in^ flead of being obliged to come to Britain to buy or reload here, (after the expence of an unnecefTary voyage,) thofe very commodities which they might have bought in a Briti/b 7narkety at the port which they left. Why not any of thefe, as well as fait; as well as wines from the Madeiras and Weftcrn iiles ? In the fame manner, by the fame law, why may not our Colony traders be permitted to carry fugar, ginger, tobacco, rice, &c. to fuch ports in the rivers Wefer and Elbe, in the Sound and in Ruilia, whereat a Bri- tifh factory is, or may be eftabliflied ? It can never be right policy to fuffer labour ixi- vain in a community : it is jufl fo much loll to the community: and yet this coming round by England, is labour in vain : If the fubordi- nacy of the Colony- trade, and the duties ariling thereon, can be by any other means fecured, it is fo much labour loft. The two points of a Britijl: market y and the re- venue of the duties being fecured ; why may not thefe traders be permitted to load at thefe ports diredtly for the Colonies, hemp, yarn, :,., ,.■!> T 2 and l! ( 276 ) and fuch coarfe linens, as do n(^ way inter- fere with the Britifli manufodtories ? Thefe meafures taken, which would prove to be the true means of encouraging the Colony- trade, the bell: method to put a flop to the contraband trade carried on in this branch of bufmefs, and the true grounds whereon to eftablifh the general commercial interells of Great Britain ; government could not be too ilridt in enforcing the execution of the laws of trade ; nor too fevere in punifhing the breach of them. — Wherever they found thefe traders endeavouring to carry from thefe ports to the Colonies, raw filk, lilks, velvets, foreign cloths, laces, iron, fteel, arms, ammunition, fails or rigging, or any manu- factures whatever, that interfere with the manufad;ures of Great Britain : whenever they found thefe traders endeavouring to carry from the Colonies to thofe ports, any dying- wood whatever; indigo, cotton, filk, bees or myrtle- wax; flax-feed, naval ftores, furs, flcins or peltry; hides, provifion, grain, flour, bread or bifcuit; whale-oil, blubber, bone, or any other fifh-oil ; or tallow, or candles ; with an exception perhaps to myrtle and fpcrmac^ti candles ; government could not be too flridl and watchful to reftrain them. Under proper regulations, the rum of the northern Colonies Ihould be carried to Africa; and the fak of it to the French on the banks 5 • o^' ( "^11 ) of Newfoundland encouraged, if fuch vent could be procured; as we fliould thereby reap at leaf): fome (hare even of the profit of the French fifhery. In the above revlfion of, and the propofed regulations for the Colony trade, as con- nected with that of Europe \ it will be {India goods, in a way that would effedlually put a ftop to that con- traband trade, by which it is complained they are at prefent fupplied; in a way by which one of the greateft marts in the world, with every attendant advantage to the Britifh general commerce, and the fpecial interefl of the Eafl - India trade, might be efta- bliflied. » ■ - * • *■■, If meafures were at this jundure taken, between the government and the Eaft-India company, fo that an Eafl-India fhip might annually ftop at fome ifland in the Weft-In- dies 5 the traders, not only of the Weft-In- dies, but of North America, would fupply themfelves with every advantage at fuch mart, not only for their own proper con- fumption, but alfo for a trade of the greateft extent : and this mart, in return, would T3 be ( 278 ) be to the Eaft-India company, the colledlor of all the furplus filver of America, and per- haps even of fome of the gold and ivory of Africa alfo. The extenfive advantages of this meafure cannot but be feen : nor v^ould this any way interfere with that fupply with which the Eaft- India trade, by way of the Manilla's, furniflies the Spanifh Well- Indies, fo far as our Eaft-India company may be fuppofed to be concerned; but would, in other refpedts, open a better channel of trade between the Eaft and Weft-Indies, which our company muft command. The difficul- ties in the execution, lie in fecuring to go- vernment the revenue that ftiould arife from the duties duly paid by this trade ; and in fecuring the company againft the perverfion of this trade to the profit of their officers ^rid fervants. — — In the fame manner, fome reviiion of the ftate of the trade of the Colonies of the fe- veral maritime powers amongft each other, wall be neceflary. The laws and ordon- nances of thefe, do in general prohibit all trade of foreign Colonies with their own— and yet, without fome fuch trade, as fupplies the Spanilh provinces with Britifh goods a^d provifions ; as fupplies the Britifh Colonies with Spanifh filver ; as fupplies the French iflands with Britifli lumber, iifh, provifions, horfes^ { 279 ) liorfes, and live ftock -, as fupplies the Bri- tifh Colonies with French melafTes ; the trade and culture of thefe Colonies would be greatly obftrudled and impaired ; and yet notwithftanding this fad, our laws of trade, by an impradicable duty, extend to the pro- hibiting the importation of French melalTes into our Colonies. — If the government, un- der this law, could prevent efFedually this importation ; not only into the northern Co- lonies, 6ut into the Britijlo ijlcs alfo -, the re- ward of that pains, would be the deftrudlion of a beneficial branch of trade : perhaps of driving the Britifh American diftillery, into the French, Dutch, or Danifh ifles : or of forcing the French, contrary to their own falfe policy, into a profitable manufadlure of that produce, which they now fell as refufe materials. I need not point out here the very effential change that this would make in the Colony trade. On the contrary, it is the duty of government to permit, nay even to encourage, under proper regulations, thefe branches of trade in the firfl place, in order to extradl out of the foreign Colo- nies, (to the benefit of the Britifh commerce,) as much as poflible the profits of thefe Colo- nies ; and which is more material, in order to create a necefFary dependence, in the trade and culture of thofe Colonies, for their fup- plies on the Britiili commerce. When it is T 4 remembered ( 28o ) remembered that the law, whi''h lays a duty equal to a prohibition, on the importation of French melafTcs in the Britiih Colonies, was obtained at the fclicitawion of the Bri- tiih ifles : it will be feen, that the obtaining this law is not fo much meant to prohibit totally the introdudtiou of French melafles into the Britiih trade, as to determine a ftruggle between the Weft- India and North American traders, Vvho fnculd have the pro- fits of it. And thus, from the predominant interell: of thefe partial views, has govern- ment been led to embarrafs the general courles of its trade. But as the Wefl- India traders fee that this law has not (never had, and never will have) the effect propofed ; they will be better reconciled to its cealing; and as government mult now, after the ex- periment, fee the falfe policy of it; * there is no doubt but that it will ceafe, fo far as to reduce the duty to a moderate and practi- cable charge -, fuch as will be paid ; and fach as will raife to the crov/n a very con- fiderable revenue thus paid, I fpeak not this by guefs — but from a comparifon of the quantity of fugars and melalfes, brought to account in the cullom- * Thjs meafure hath, fmcQ the writing of the above, taken place by 6 Geo. 3. c, 52. . ,, ; houfe !i il ( 281 ) houfc books of the Kings revenue j with the quantity of the fame article, in the fame port.*^, brought to account in the impofl- books of the Colony revenue^ for fix years to- gether 5 I could, with fome precifion, mark the extent of it. I own I did always ap- prehend that two- pence ^^r gallon on foreign melaflcs imported into any Britiih planta- tion, (and fo in proportion of fugars,) was the beft rate at which to fix this duty ; that being thus moderate y it might be eafier and with lefs alarm and oppofition collected, and might therefore the fooner introduce the pradice of fliir trade, and the fooner become an effecihve revenue : But when I fee a groundlefs clamour raifed, which reprefents the rate fixed by the late revenue-adl, as de- fi:rud:ive of the American diflillery; as ruin- ous to the American fifliery ; as a prohibition of the returns made from the foreip- n iflands o for the North American filh ; I mufl ovv^n that I have never iccn any fadt ilated, or cal- culation fairly made, on which fuch afTer- tions found them fe Ives, f < f" The French ifles, fince the furrendcr of Canada and Louifiana, mufl depend entirely for their fupplies of lumber, Ibaves, heads, provifions, live frock, horfes, Sec. on the Bri- tiili Colonics, immediately exported from thei^ce to thufe iilcs -, unlefs by fome means flip plied ( 282 ) fupplicd from markets created at New Or- leans and the ifland of St. Peter; as from another Ifle of Man : it will therefore be the duty of government to keep a watchful eye to the formation and extent of thefe mar- kets — fo at leaft, if they be permitted, as to have the command of them ; and fo as to pre- vent their being, to the French traders, the means of fupplying the Spanifh markets alfo, as well as their own. Since the writing of what the paragraph above contains ; very properj regulations have been by the late American revenue-adl provided -, and if proportionate care be taken in the execution of it, this danger is for the prefcnt guarded againll. Some revifion alfo will be necefTary in the laws about naval ftores ; efpecially that re- fpedting the mai^s. The prefent law, under an idea of preferving the White Pine or mad: trees, directs, That no White Pines fliall be cut or felled within the limits of any town- fliip, if not adually private property. — This part of the law arifes from a miftaken appre- henfion of a townihip ; there being no lands within fuch, but what are private property. — 2tl/yy That no pines out of a townfhip, of the dimeniions of 24 inches and upwards diameter, at the height of 20 inches from the ;.v z ground. the of rds the id. ( 283 ) ground, (liall be felled. — This part of the law is fcio de Jh — Thofe who find their profits in cutting down thetc trees for logs, or mak- ing (liingles, &c. or who know the embiir- ralfmcnts which would arife to their pro- perty, if they (hould ever apply for a grant of thefe lands, by letting fuch Pine-trees, the property of the crown, grow there; never (if they have not other means to evade this law) will permit thefe Pines to come to this dimenfion, which makes them royal pro- perty. The falfe policy of this law, and the defeats in the eftablifhment of an office of furveyor - general of his Majefty's woods, will foon (if not obviated) be felt in the fcarcity and price of mafts, which will be the efifedt of it. The neceflity of their going a great diftance from the rivers, for the mafts, has already taken effed: ; and the cafe of there being none within any pradlicablc diftance, will foon follow. The navy-office finding that their maft-fhips do come regu- larly hitherto toEngland,cannotentertain any fear of fuch want, and it will be the intereft of others to fupprefs and contradict this fadl i yet it is a fadt ; and w^ill be foon known in its efFedts. On the contrary, if it is con- fidered how difproportionate a valu« the price of the Pine-tree growing, bears to the price of the maft when brought in the mid- dle of winter, over the fnow, with 70 or 80 / :' ^^^ ^ yoke ( 284 ) yoke of oxen to the water-fRic ; if, iiillcad of aiming to make thefe trees, thus growing, royal exclujhe property ; the crown was not Only to permit a free mailing in lands nut granted; and to make the malt-trees, of all dimenfions, private property on lands adUially granted ; but alfo (as it is done in other CMfcs of naval Aores) to give a bounty bc- fides tlie price, to the perfon who fliould bring down any fuch mafts to the water- fide; it would have an immediate cffe6t in lupplying the crown with malls at a cheaper rate ; and in the prefervation of thefe trees, thus become a branch of trade. I would wifh here alfo to recommend the giving fome advantages and encouragement to the importation of American timber into Great Britain *. I have not gone into the thorough exami- nation of thefe fubjects above-mentioned ; nor have I pointed out, in all their confe- quences, the efFed:s that this or that flate of them would have. I have only pointed them out as worthy the attention of government : and, I am fure, whenever government takes them under confideration, they will be better •■^ * This has been done, by an zBi of 1766, fince this was firil written and publifhed, underflood, . ( aSj ) unJcrftoocl, than any explanation of mine can make them. 9 IS IS Were fomc fiich arran;>cmcnts taken for a rcvlfion and further cflabhfhment of the laws of trade, upon the principle of extending the Britilh general commerce, by encou- raging the trade of the Colonies, in fubordi- nation to, and in coincidence therewith ; the trade of the Colonies would be adminillercd by that true fpirit from whence it rofe, and by which it adls ; and the true application of the benefits which arife to a mother coun- try from its Colonies, would be made. Under this fpirit of admin iflration, the government, as I faid above, could not be too watchful to carry its laws of trade into effedtual execu- tion. — But under the prcfcnt ftate of thofc laws, and that trade ; there is great danger that anv feveritv of execution, which fliould prove effedtual in the cafes of the impor- tation into the Colonies of foreign European and Eaft-India goods; might force the Ame- ricans to trade lor their imports, upon terms, on which the trade could not fupport itfelf ; and therefore become in the event, a means to bring on the neccflity of thefe Americans manufaduring for themfelves. Nothing does at prefent, (with that adive and acute people,) ■prevent their going into nianufidtures, ex- cept the proportionate dearnefs of labour, as ( 286 ) as referred to the terms on which they can import : but encreafe the price of their im- ports, to a certain degree : let the extent of their fettlements, either by policy from home, or invalion of Indians abroad, be confined ; and let their foreign trade and navigation be, in fome meafure, fupprelled; their paper- currency limited within too narrow bounds ; and the exclufion of that trade which hath ufually fupplied them with filver- money, too feverely infifled upon this proportion of the price of labour, will much fooner ceafe to be an objecfl of objed:ion to man ufaftu ring there, than is com- monly apprehended. The winters in that climate are long and fevere ; during which feafon no labour can be done without doors : That application therefore of their fervants labour, to manufactures for home confump- tion ', which under any other circumftances, would be too dear for the produd: created by it; becomes, under thefe circumftances, all clear gains. And if the Colonics can- not on one hand,- purchafe foreign manufac- tures at any reafonable price, or have not money to purchafe with ; and there are, on the other, many hands idle which ufed to be employed in navigation; and all thefe, as well as the huibandmen, want employ- ment; thefe circumftances, will foon over- balance the difference of the rate of labour, in ( 2^7 ) in Europe and in America : And if the Co- lonies, under any future ftate of adminiflra- tion, which they fee unequal to the manage- ment of their affairs, once come to feel their own Jlrength in this ivay -, their inde- pendence on government, at leafl: on the ad- miniftration of government, will not be an event fo remote as our leaders may think ; which yet nothing but fuch falfe policy can bring on. For, on the contrary, put their governments and laws on a true and confti- tutional bafis ; regulate their money, their revenue, and their trade ; and do not check their fettlements; — they mud ever depend on the trade of the mother country for their fup- plies — they will never eftablilh manufactures — their hands being elfewhere employed, and the merchants being always able to import fuch, on** terms that muft ruin the manufac- turer. * f 1 * This is a fa£l too well known and underftood to need any particular proof— but iTneed were, the writer of thefe papers could demonftrate this from the prices of wool, hemp, and flax, and the labour of carJinc, dreff- ing, fpinning, weaving, 3cc. in North America; com- pared with the prices of the fame articles of produce and labour in Britain. It is therefore an idle vaunt in the Americans, when they talk of fetting up nuTnufac- tures for trade \ but it would be equally injudicious in government here to force any moafjrc that may render the manufacturing for home c:nfiiiiiption an objcit of prudence, or even of pique in the Americans. And ye: after all, Ihould any thing of this fort extend iU'eif to ( 28S ) turcr. Unable to fubfifl without, or to unite againft the mother country ; they muft al- ways remain fubordinate to it, in all the tranfadlions of their commerce, in all the operation of their laws, in every adl of their government : The feveral Colonies, no longer conlidered as demefnes of the crown ; mere appendages to the realm ; will thus be- come united therein ; members and parts of the realm ; as ell'ential parts of a one orga- nized whole, the commercial dominion of Great Britain — The taking leading mea- sures TO THE FORMING OF WHICH, OUGHT, AT THIS JUNCTURE, TO BE THE GREAT OBJECT OF GOVERNMENT. to a degree that Interfered with the e:< ports of Great Britain to the Colonies the fame duties of an excifc which lie upon the manufadtures of Great Britain, le- vied upon thofe of America, would Toon reftore the balance. This confideration, one might imagine, would induce thofe who are prudent in America, to advife the reft to moderation in their oppofition. I. END OF THE FIRST VOLUME.