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 A N 
 
 A N S W E R 
 
 FROM THE 
 
 i 
 
 ELECTORS OP BRISTOL, 
 
 T O 
 
 EDMUND BURKE, Esq, 
 [Price One Shilling and Sixpenec.] 
 
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 ^^^:'^:'':")li^ ERRATA. V':,,;;,. •' 
 
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 FROM THE 
 
 ELECTORS OF BRISTOL, 
 
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 LETTER 
 
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 O F 
 
 EDMUND BURKE, Eiq, 
 
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 ON TEH' 
 
 AFFAIRS OF AMERICA. 
 
 LONDON: 
 
 Printed for T. Cadell. in the Strand. 
 MDCCLXXVII. 
 
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 THE lief teir Which you' haV6* done oar 
 Sheriffs the honour to write themi 
 «* on the affairs of America" they have oblig- 
 ingly' communicated to us, conforiSnable lo 
 your defire. Although we had already perufbdy 
 with great attention, the two A(fts of Parlia- 
 ment which you inclofed in them, and ofi 
 which yoi^ have written fo elaborate and learned 
 a commentary; yet your condefcenfion ** in 
 "' having pleafure in accounting for your conduB 
 *f to your Con/iituentSf* wh^n it was matter of 
 , doubt '* tohether you was under any formal obit' 
 •* gation to it *," hath given us a fatisfadliori, 
 which we cannot foon, or eafily forget. On 
 
 '1-4. •..IT)'!' 
 
 ♦ Page 65. 
 B 
 
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"■■■■■■I 
 
 V 
 
 i H 
 
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 ( 2 ) 
 
 oixr reputation, we aflure you, that we nevef 
 will requite the moft obliging favours con- 
 ferred, with a ftudied nerfed^; or your in- 
 clination to inform and inftrudt us, by 
 giving " your opinion on the prefent Jiate of 
 «* fublic qfairs" with a difrcfpc(Sful filence. 
 A moment therefore we could not delay, in 
 writing you an anfwer, on this interefting 
 fubjedt. As ** our talents are not of the great 
 •* and ruling kind" as we are not wr-ters by pro- 
 fcffion, we have feme reafon to hope, that if we 
 facrifice the fowers of language to perfpicuity, 
 and a ftudied ambiguity of fentiment to plain 
 and fimple fenfe, we fliall find pardon from 
 your goodnefs. The graces of order, or the 
 j»!gularity of method, ire hardly to be expedlcd 
 in an epiftolary correfpondence ; and it fhall 
 be our endeavour to follow, with all poffible 
 attention, the feveral pages of yOur Letter ^ 
 which, perhaps, we do wrong in confidering 
 gather as a vehicle of fentimental Declamation, 
 than a formal, methodical Treatife on the 
 rrefent State of Public Affairs. 
 
 .' i -i <•» '.17"; .'^ 
 
 We are happy in agreeing with you in 
 opinion, " that thefe aUs are fmilar to all the 
 " reft on the fame fubjebl ; that they operate by 
 •* the fame principle, and are derived from the 
 <' very fame policy *" — a policy neverthelefs 
 didated by neceffity, which is governed by no 
 
 Page 3. 
 
 principle 
 
 
K 
 
 in 
 it 
 
 • ^ 3 ) 
 
 principle of jurifprudcncc. We wldi not f(t 
 incur the imputation of tcdioufncfs ; and we 
 (hall not enter into a minute detail of Colonial 
 Hiftory, fince the sera of the Peace of Paris, in 
 1762. But, as was forefjben and foretold by 
 the very refpc<f^ablc lift of Peers who protefted 
 againft the repeal of the Stamp Adk, every 
 other Statute afterwards ena£ted by Parliament 
 for the Colonies, was oppofed by them with 
 the fame vehemence, the fame outrage and 
 force, which had proved fo fuccefsful in pro- 
 curing the repeal of the Stamp Ad : and this 
 condud, and its fuccefs, as examples, were 
 held up to them, and on every new occafion 
 recommended to their pradice. Againft the 
 operation of the Stamp A&, the ableft advo- 
 cates for the Colonies contended only for an 
 exemption from internal taxation. The re- 
 pealers of that law very efFedtually transferred 
 to them that important right. Againfl the 
 execution of Mr. Townfend's indefenfible 
 law for taxing tea, painters colours, &c^ 
 your worthy friend the Pennfylvania Farmer 
 ftrenuoufly afferted the right of the Colonies 
 to exemption from external taxation, or even any 
 regulation of trade t where any incidental revenue 
 might arife. To gratify the Colonies, and, if- 
 poffiblc, to remove all caufepf difcontent, this 
 A&. was repealed, the trifling tea duty only ex- 
 cepted, Againft the law for permitting the 
 £aft India Company to export their teas to 
 
 B 2 
 
 th« 
 
m 
 
 r'.'. 
 
 . ( ♦ ) 
 
 the Colonitfs, a Pupil * of the Parmer's arofe, 
 and at once ooldly cut the knot which he 
 eoitld not untie, and exprcfsly contended* 
 •• that the Parliament had no right to Ugijiate for 
 ** the Colonies in any cafe whatjcever." '1 he vio- 
 kfites wlii!c^i^nfued, the deftrudtion of the tea at 
 Boftdn^an^ thewound given to thefccurityiaf the 
 national commerce in the Colonies, are known 
 to all. It became apparent to every one not 
 linked with Party, or blinded by their ** /';;- 
 ** vetemte pariiatitics -)-," that Colowial affairs 
 had arrived ^t an important crifis at the end 
 of the year 1773 ; and that this Country was 
 reduced to the exquifite dilemma, of either 
 relinqui(hing for ever the important rights 
 contained in your Declaratory AB^ of making 
 l^ws for the Colonies in ail cafes whatfoever ; 
 or 6f adopting the decifive refolution, of effec- 
 tually fupporting the national rights, the juft 
 authority of the laws, and the legal preroga- 
 tive of the King. The great Council of the 
 Nation chofe the latter. The BoftonPort A<5t, 
 That for regulating the MaiTachufett's jurif- 
 prudence, and others, was the refult. And 
 from this wile and fpirited refolution, fprings 
 the policy of thofe laws, ** which compleat the 
 *^ number of this fort of fiatutes tt nine J." 
 
 As we fee not the truth or the extent of 
 your obferv^tion> " T'i^ii/ oUr, fUbjeSfs diminifh 
 
 * Mr. Wilfon of Pennfylvaniaj who ftudicd under Mr4 
 Dickenfon. 
 
 t Page 23. 
 
 •i. u. 
 
 t Page 3. 
 
 *t 
 
 as 
 
 l»fei<j|WirtJ>itir>i mti ATiirhliif I MrAf 
 
( 5 ) 
 
 •* as our lawi encrMfe," you will not blame u», 
 if we give you not a dccilivc anfwcr. Inform 
 us, we pray you, if it is your opinion, that be- 
 caufc the Colonies, with a temerity peculiar 
 to them, have declared the Colonics indepen^ 
 dent, they therefore are fo j or if every Coun- 
 ty, lile, or portion of the Empire, who, from 
 motives of ambition, intercft, or refentment, 
 chufe to throw off their allegiance, ceafc to be 
 the fubjedts of the Crown ? If we have the 
 misfortune to think differently with you on 
 this important conftitutional point, we have 
 the fatisfadion to know, that our fentimcnts 
 arc perfectly coincident with the law of Eng- 
 land, and Lord Coke*, whom you honour 
 with your approbation, where he fays, ** ^I/e- 
 " giance is a debt of gratitude, due by every fub" 
 ** jeBt in return for the proteSlion he receives 
 " from the moment of his birth y that can neither 
 ** be forfeited, cancelled, or altered, by any change 
 " of time, place ^ or circumjlance, cr by any ASi 
 " but that of the Legijlature." 
 
 nft" 1 
 
 'iU !/'S/ 
 
 ^; ii.'X 
 
 ' It is matter of comfort to us, that againft 
 the Letter of Marque Bill " you -have little to 
 " f^yf" ^^ freely confefs our only objedion 
 is, that it was notcnaded a twelve-month be- 
 fore. How long is it fmce our Fadtors were 
 
 ...i'*, k.^. 
 
 * Caicc't 7th Report, p. 7, &c. V id. Hale's Hift. Pleas 
 ef the Crown, vol. i. p. 68, 96. 
 
 t I'age 4. 
 
 ' ■ 3 obftrudtcd. 
 
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 < 6 ) 
 
 •bftfufted, and driven out of the Colonics 
 with every infult and injuiy ; our property de- 
 ilroyed in their iowns, and our Ihips burnt in 
 then ports? To your candour and knowledge 
 we appeal, if, before this A&. was thought of, 
 feveraf of the Colonies had not iilued edi(fis to 
 encourage " perfons to make a naval war upon 
 " us" by privateers, which we have had too 
 much reafon to feel and to remember. How 
 many of our defencelefs fhips, loaded with the 
 rich produce of the Weft Indies, had they not 
 carried into their ports, to the cncreafe of their 
 fortunes, by the diminution of ours ? How 
 many of our failors had they not carried into 
 captivity, or compelled to fight againft their 
 Country, which they love ? Yet thofe men you 
 honour with your approbation, and all th«ir 
 adlions defend or palliate with thofe great ta- 
 lents which Nature has blelTed you with. 
 What nation on earth, we beg leave to alk 
 you, would have dared thus to infult and in- 
 jure Old England with impunity, however 
 fallen, as you think, from her ancient power 
 or confequence ? But the men whom you feel 
 for fo much, even in preference to Us, have 
 been taught to trample on the rights of this 
 Country, to defpife the authority of the Legi- 
 flature of the Empire, and to infult our So-r 
 vereign. This is called a Contention for Li- 
 berty, and as the end is glorious and good, the 
 means of attaining it cannot be bad or wrong. 
 
 The 
 
« 
 
 «< 
 
 <c 
 
 C( 
 
 It 
 
 ( 7 ) 
 
 ^he A6I " to empower bis Majejly to feCuii 
 and detain perfons charged w/V/6, orfufpehed of 
 treafom committed in the Colonies, or on the 
 ** feas, or of piracy," appears to you " of a muck 
 deeper malignity," and as " a majked proceeding, 
 not very honourable to the jujiice of the King- 
 dom,** From an attentive perufal of this 
 law, and it is from this only that a true judg- 
 ment can be formed, we are conftrained to 
 differ in opinion with you ; and in doing this, 
 we always diftruft our own. Nothing more 
 can we find in this Statute, than that perfons 
 taken in tlie a£t: of high-treafoa committed in 
 the Colonies, or on the feas, or in the adl of 
 piracy, or who (hall be charged with, or fu- 
 fpedted of any of thefe crimes, and committed 
 by a Magiflrate having competent authority, 
 may be detained without bail or mainprize, 
 and without trial, till the ifl January 1778. 
 Such is the language of this law, which feems 
 to us as clear, precife, and accurate, as it was 
 pofTible for the foundefl head to propofe. To 
 enquire what was the antecedent law, is a 
 found rule of conftruftion. Perfons accufedf. 
 or fufpeded of the crimes of treafon or piracy, 
 might have been committed and detamed witn- 
 out bail, until difcharged by due courfe of law. 
 But it is a fmgular excellence in the law of 
 England, that the gaols are cleared, and all of- 
 fenders tried, punifhed, or delivered, twice eve- 
 ry year, London and Middlefex excepted, 
 where the Courts of gaol-delivery being held 
 
 eight 
 

 
 1 
 
 -w ( 
 
 ( 8 ) .. ' 
 
 eight times a year, the ofFendeis arc fo often 
 puniihed or difcharged. To have proceeded 
 to the trial <^ pcrfons defcribed by this A6t; 
 according to the ufual courfc of law, might 
 have been highly inconvenient. The Con- 
 grefs, with a fpirit peculiar to them, had 
 threatened to retaliate on the peacefvil and 
 loyal ; feveral pcrfons have been already exe- 
 cuted for pretended crimes in Connedicut, 
 Penniylvania, and Carolina j and udiat waflo 
 of the human fpecies might not have enfued, 
 from the rafhnefs of thofe men, it is very eafy 
 to imagine. To have fuffered the offenders to 
 have gone at large, might have been of moft evil 
 tttamplc. Notwithftandin? the provifions of 
 this law, and the terrors orpunifhment, Cun* 
 Ayngham and his aiTociates, probably adtuated 
 by the example of the men " whc make a naval 
 '* war upon usy" and even without any com-^ 
 •miffion from Mr. Franklin, have taken the 
 Harwich Packet, in which we were greatly in^ 
 "terefted. How much more noble is it to pre- 
 vent than to puni(h crimes ! In pity to man- 
 kind, what flaughter of our fellow-citizens 
 4oe8 not the humanity of this law prevent, by 
 *• detaining the criminal Jor future trial" and, 
 ifgui'*^y, '■^ for ignominious punijhment." .>.. 
 
 To what paffed ** during its progrefs through 
 
 ** the Houfe of Commons," when " you declined 
 
 ** your ufual JiriB attendance" you recal our 
 
 attention . We perfectly recoiled, that it was 
 
 ^r^;:- infifted 
 
 '.■■»■ 
 
( 9 ) 
 
 Snfifted by thofe ** Genf/emeny who toere ofopi^ 
 " nhi their exertions in this dejperate Cafe might 
 " beof fbim fervice," that this Bill totally fit* 
 fpend^ the I habeas Corpus Adt, the great bul-i 
 wark of England's liberties; that though its 
 language extended only to treafons commit* 
 ted on the feas, or in the Colonies, its fpi- 
 rit miekt be fo direded, as to imprifon thofef 
 who had remained peaceable in England ; 
 that none could fay whether any Liberty ex- 
 ifted in the nation, or if any man was free 7 
 and that now the liberties of Engliflimen werd 
 held at the will of the Minifter. Biit fmcd 
 this Bill became the law of the land, a very" 
 different language has been very folemnly held. 
 The noted Mr. Piatt has applied for his Habeas 
 Corpus, and lioerty, notvvithl]:anding this Ad: j 
 and it was moft gravely inlifted on his behalf, 
 that the language of the law was fo confufed, 
 inaccurate, and bui^gling, as to be perfedly 
 Unintelligible; that being unintelligible, if 
 could receive no ferilible conftrudtionj and 
 tnuft remain a dead letter; that even if it 
 might poffibly operate in fome degree, yet tha 
 Habeas Corpus Adl was not fufpendcd j and the 
 power of the King's Bench not being taken 
 away, they may ftill fet the party free, by ad- 
 mitting him to bail. And now you inform us, 
 that ** the main operative regulation of this ASl 
 is to fufpend the common laWi dnd the flatute 
 Habeas Corpus, ivith regard to all thofe nvho 
 *' have been out of the r^almi or qu thi! high feas, 
 """"' *' ^ ■ ""'^' ' ; " ■' «« within 
 
 (( 
 
 (C 
 
( .0 ) 
 
 " ivithin a ghen time * ;" and' that " the frui 
 •* danger is, when Liberty is nibbled away for ex-- 
 " pedients and by parts'^.'' S: rh contradic- 
 / tions your great talents only can reconcile^ 
 We beg to recommend to your attention 
 that juft obfervation of our late worthy Re^ 
 corder J, where he fays, " 7'he leaders of party 
 ** never blujhf and the herdfcldcm think |j." .. ' 
 
 m 
 
 111-' 
 
 A-^ 
 
 \ii 
 
 It 
 
 > «( 
 
 The " perfons who make a naval war upor» 
 ** us," you think, " may be Rebels, but 
 ** not Pirates ;" and to treat {hem as fuch, ** /> 
 " confounditjg not only the iiatural diftinSiions af 
 " things, but the order of crimes.'* Whatever 
 oft'ence this has given you, it is the wifdom of 
 the •* old cool-headed law" of England which 
 has made the diflindion ; and this Adt has in-- 
 troduced no other change, than providing that 
 nothing (hall be conftrued within its meaning, 
 except aBs of felony committed on thtjhips and 
 goods of his Majejiys fubje£is on the high feas." 
 We confider it as a felicity, that we live under 
 a code of criminal law, wherein crimes are 
 more accurately defined, and . more precifcly 
 afcertained, than in any other upon earth. 
 Nothing is deemed Treafon, but what is ex- 
 prefsly declared to be fiK;h by ppHtive Statute; 
 and wherein conlifts the offence of Piracy, is 
 known to every failor. " I/any of the Kings 
 fubjcBs hofiilely invade any cf the Kings fkips^ 
 
 * Page 14. f Page 16. % Fofter. 
 
 |i Viuc his excfcllejnt Difcourfc in fupport of tiie Revo- 
 lution-^ . - 
 
 2 which 
 
frui 
 ex-' 
 jdic- 
 
 Ition 
 
 \arty 
 
 ■:":. ■ ( " ) ■ , , 
 
 *whhh are fo many royal caflkst this" ac-. 
 
 cording to Lord Hale *, " is levying war againjl 
 
 •• the King." But a depredation or robbery 
 
 on the high feas is piracy j and tlierefore, fays 
 
 Lord Coke -(-, " tf Pirate is called a Bobbery 
 
 " and a Robber upon the fea." But, fays he, 
 
 ** if one fubjeSi commit Piracy upon another ^ this 
 
 " is no Treajbn^ though pi rat a e/l bojiis humani. 
 
 ** generis." The diftindtion is fenfible and 
 
 plain. To invade hoftilely the Ihips of the King 
 
 is Treafon ; to commit a robbery on the fhip 
 
 of a fellow-fubj eft, is piracy; and to blend 
 
 the one with the other, " is di [ordering the: 
 
 ** whole frame of fur if prudence." You muft 
 
 recolle<fl, that many of the inhabitants of Vir-» 
 
 ginia, of Barbadoes, and Antigua, oppofed the 
 
 pretenfions of the Long Parliament, after it had 
 
 acquired by its policy or force, all power in 
 
 England. With a vigour peculiar to them, 
 
 they pafTed an Ordinance in 16^0 -ft wherein 
 
 they declared the People of Virginia, and 
 
 others then in oppofition to them, ** noto- 
 
 ** Rious robbers and traitors \" and we wiili 
 
 to know who will difpute the wifdom of an 
 
 Alfembly that has been celebrated ^^ for having 
 
 ** recalled the wifdom and glory of ancient times" 
 
 by an Hiftorian, wliofe writings you mull have ■ 
 
 perufca with fatisfaftion, with extacy. As 
 
 you had fo lately perufed the writings of Lord 
 
 Coke, v/e are ailonlflied that you faw not the 
 
 I / 
 
 * Hift. PI. of the Crown, vol. i. p. 154. 
 f 3d Inflitutc, lij. X Scobcll, 16^0, ch. 28. 
 
 C 3 clear 
 
( .2 ) 
 
 clear diftinftion which the law of England has 
 made betwixt Treafon and Piracy. But the 
 Windeft of all are thofc who will not fee. . 
 
 As the law had made this diftindUcn in the 
 nature and malignity of the crimes of Treafon 
 and Piracy, fo has it made a very confiderablc 
 difference in their punilhmentj though you 
 tell us, ** they are in fff'eB pumjhedimtb the fame 
 *' deathy the j'ame forfeiture ^ ami the fame corrup- 
 " tion of biocd." The Pirate is (imply hanged 
 by the neck till he is dead ; but the punish- 
 ment of the Traitor is aggravated with the cir- 
 cumftances of being drawn to the place of 
 execution on a hurdle, of being cut down 
 alive, and of having his body mangled. The 
 Traitor forfeits all his Goods and Lands ; the 
 Pirate forfeits only his Good 5*5 a very material 
 difference, where the criminal pofleffes little 
 other property than landi. We agree per- 
 feftly with you, ** that we never ivould take 
 ** from any felloi^-creature whatfoever^ any ad-! 
 * * imitage-y^irhen we cannot [often his piinifmient ." 
 But how the criminal is deprived of any 
 benefit, or fubjedled to any inconvenience, 
 by being deemed a Pirate ralher than a Trai- 
 tor, is what we cannot comprehend, and wifh • 
 you to explain. In return tor the paffage you 
 give us on this fubjcft from Lord Coke, who 
 retained through life a hard unpityi?ig nature ^ we 
 vviili to recommend to your attention, a citar 
 tion from that unliable oracle of the law, 
 
( 13 ) 
 
 Lord Hale, where he fays *, '* A PdrliaMent is 
 »' a Court of the greatejl honour and jufticey of 
 which none ought to imagine any thing dijhomur^ 
 
 M abler 
 
 '4;»-*vf 
 
 That thofe offences which may polfibly 
 arife from miftaken virtue, are not in the 
 (clafs of infamous adtions-j-, is a fentiment which 
 wc. cannot poffiblv approve. WHen Pierre 
 and his honourable aflociates were plotting 
 the deftrudtion of the Venetian State, and had 
 reiblved . "if ii *tc, iJir-nT^^n . b' ■ "■■ni 
 
 ,*»f t< To/heathe thefword In every breaft they meet j* 
 
 to fpare '^^ 
 
 I I'.nKi. i-t ii\,ft'-j; J — ii.jvH 
 
 't' 
 
 .If 
 
 i •xi.k i\n\' \/ 
 
 •* Neither fex^ nor age, tt a - ■ , . , ^ ' 
 
 '• « Name^nor eondition^ ^-^^r^^^f^^f^': 
 
 thefe excellent patriots conlidered themfelves 
 as men of the pureft virtue ; and that by the 
 deftrudtion of their country, they would dc- 
 fervedly entail ^* eternal honour" on themfelves. 
 The gallant Macheath and his friends were 
 alfo men of honour ; and when they levied 
 contributions on the wealthy, thought they 
 aded a virtuous and a meritorious part. And 
 when John the Painter affixed the match to 
 the national Arfcnals, or carried the torch 
 through our city, he thought thefe adtions, 
 fo far from biing infamous, were perfedlly 
 virtuous and praife-worthy. With great con- 
 fiftence, a Jejuit might inculcate fuch morality 
 
 * Power of Parliaments, 49, 
 
 t r*^ge 6, 
 
 on 
 
 1 
 
 ■\ 
 
r 
 
 ■ ■ ' 
 
 ':'■ t ■ ■ 
 
 fc;j 
 
 
 III 
 
 ( '4 ) 
 
 ©n his difciples ; but, left our ** purity $f 
 ** banners" are corrupted, we hope in God, 
 it will never become faihionable in Briftol, 
 which you do us the favour to confider aS 
 •' an honejiy ivell-orderej^ virtuous city *." We 
 wifh our motto always to be, what you inform 
 lis: " *The honeji juridical principles of England 
 ** were invented for this one "^od purpof: — That 
 ** what was not jufl^ Jhau,* not be ccnve^ 
 i* nient f." '••M'iio^yVf',- iHKjif 
 
 The profeiled purpofe of the A(5l, you tell 
 us, is to detain in England for trial thofe who 
 commit High-Treafon in America ; and you 
 apprize us, that there is an A(lt made fo long 
 ago as the reign of Henry VIII. " for the trial 
 *' in this kingdoniy of treajons committed out of the 
 *' realm." This fubjedt we have fully con- 
 lidcred, and we fubmit the refult to your 
 fuperior juJgmeAt. Under the ancient law, 
 it was matter of doubt and uncertainty, how 
 treafons committed out of the realm were to 
 be tried. " // wanted trial ct common law, 
 " according to Lord Coke :f ; and therefore^ to 
 *' ejlabiifi certainty therein^ the Statute HefiryVlU. 
 ** was made ||, which yet remains in force." It 
 was enadled by this law, ** That all treafons 
 cpmmitted, or to be committed, out 
 of the realm, Jhall be enquired of and detcr^ 
 ' jnitied^ either in the Ki^gs-Befich, or by (i 
 
 t( 
 
 t€ 
 
 * Page 66. t Page 8. X 3--! Inftitute, p. 11. 113. 
 I 33 Henry, ch. 2. 
 
 *■»>■: 
 

 4€ 
 
 <( 
 
 tc 
 
 ( '5 ) 
 
 *• Commiffion hi any County of England.'' BuV. 
 every territory of the Crown, England only 
 excepted, is without the realmf within the in- 
 tention of this law ; and " it was rqohed h^jf 
 all the Judges of England y* fays Lord Coke *,. 
 that for a treafon done in Ireland^ the offender 
 may be tried by the Statute Henry Vlil. in 
 ** England i becaufe Ireland is out of the realm of 
 ** England.'* How much the reign of Elizabeth 
 was difturbed by rebellions in Ireland^ you are 
 perfe<flly informed. For the treafons then 
 committed, many of the offenders were tried 
 in England, conformable to this refolution of 
 all the Judges "f*. A Peer of Ireland was tried, 
 by a Middlefex Jury, and convided, in the 
 beginning of the reign of Charles I. though 
 he pleaded, that if he was tried in England, 
 he would lofe the benefit of his trial by his 
 Peers J. The law, therefore, was clearly fettled, 
 and perfedly known, at the aera of Americaa 
 Colonization, in the reign of James I. It was 
 eflabliflied as a fundamental principle of the 
 Virginia conftitution by the inftrudions of 
 Jajnes, ** that every offender againfi the duty of 
 *' his allegiance i ffall be fcnt to England^ there 
 ** to receive condign pu7iijhment (|." Culpeper 
 was fent to England, charged with railing a . 
 rebellion in Carolina, and in 1680, tried in the 
 Court of King's-Bench § j and Sir Peyton 
 
 •Page II. t l^J'^l' 
 \ Vid. Stith's Hift. Virg. 
 p. 424, +25. 
 
 X State Trials, vol. i. p. 181. 
 § Mod. Univ. Hift. vol. xl. 
 
 M-. 
 
 Ventris, 
 
 o,*i-..flrttiv'»^rf -w 
 
( i6 ) 
 
 Ventris*, who rcjxjrts his Cafe, remarks witii 
 approbation, that he was tried under the Statute 
 35 Henry VIII. At the Revolution, King 
 William ordered the Ruling Power* at Bofloni 
 to fend Sir Edmond Andros and others to 
 England, " to anfwer before us what may be 
 " objeSled againft them\* and they were accord- 
 ingly fent -f . And the murderers of Governor 
 Park of Antigua, were fent to England, and 
 there tried and condemned, in the reign ofAnne* 
 But, according to the benign fpirit of the law* 
 of England, the Statute of Henry VIII. feems 
 to have been afterwards conftrued to extend 
 to thofe , offences only, which were treafond 
 when it was enadted. And accordingly, the 
 fcveral Statutes J of William III. of Anne^ 
 and of George II. contain an exprefs provifo, 
 — " 7bat ivhere any of the offences by this Statute 
 •* made High'T^reafon^jhall be committed out of the 
 ** realm^ the fame may he enquired of in any coun-i' 
 '* ty in this kingdom, or by the Court of King\s-t 
 «* Bench" That the rebels who committed 
 treafons in Scotland in 1715 and 1745, were 
 tried in England, by virtue of Statutes for that 
 purpofe fpecially made, is known to all. And 
 we now fubmit it to your judgment, though 
 we are hopelefs of making any great impfefliort 
 on " your inveterate partialities " if it docs not 
 clearly appear, that the Parliament, from the 
 
 .-■■iff 
 
 m 
 tt 
 
 ■;1 
 
 * Reports, p. 349. t Nrale's New England. 
 
 X 13 William, ch. 3. 2 £s? 3 Anne, ch. 20. 7 Anne^ 
 ch. 21. 17 Geo. II. ch. ^9, 
 
 xra 
 
 ih 
 
s witii 
 
 Statute 
 
 King 
 
 Jofton, 
 
 lers to 
 
 may U 
 
 ccord- 
 
 )vernoi' 
 
 d, and 
 
 *Anne« 
 
 the law" 
 
 . feems 
 
 extend 
 
 treafond 
 
 [ly, the 
 
 Anne^ 
 
 provifo, 
 
 J Statuti 
 
 !«/ of the 
 
 %ny couti'i 
 
 ' Kings-t 
 
 nmitted 
 
 5, were 
 
 for that 
 
 I. And 
 
 though 
 
 ipfefliort 
 
 does not 
 
 rom the 
 
 ' England. 
 7 Anne^ 
 
 xra 
 
 BBra of the Revolution, to the prefent reigp, 
 had not adopted it as a fixed principle of 
 policy, " that all foreign treafim Jhall be erir 
 •** quired of within the realm of England." 
 
 n 
 
 fC 
 
 (( 
 
 *( 
 
 (( 
 
 " /^ 17^9/' y^Vi inform us, " Parliamnf 
 thought proper to acquaint tke Croun with their 
 coiifiru^ion of this AB in a formal addrefi^ where f 
 in they inflru5ied his Majefiy^ to caufe perfonf 
 ** charged with high-treajcns in America to he 
 ** brought into this kingdom for trial:" A mea- 
 fure, however, which you confider ** as a mif 
 chievous pyojedl, mojlwijujl, and moji uncofiJiitU" 
 tional -y" and '* far from removing di^culties 
 •' which would impede its execution^ you would 
 " heap new difficulties upon it!' But this refo-» 
 lution of Parliament incioduccd no new law, 
 nor repealed the old. We have endeavoure4 
 to convince you, though without much hope 
 of fuccefs, of what was the law, from the 
 fettlement of the Colonies to the prefent reign 1 
 and whatfoever it was, notwithftanding this 
 refolution, it continued the fame. The unjuft 
 violence, and innumerable treafons, committed 
 in the Colonies, antecedent to this ** formaf 
 ** addrefSf" and which gave rife to it, you do 
 not mention, becaufe it did not fuit the argu- 
 ment. Why it is more unjuft, or more un-; 
 conftitutional, to try a Colonial traitor in Eng- 
 land, than a Scotch or Irifli rebel j or whyyoi^ 
 would impede the execution of the laws of the 
 land, by heaping new difficulties upon it, as wq 
 
 D 
 
 haV9 
 
( >8 ) 
 
 have fccn no reafon to convince our undcii < 
 (landing, we cannot polTibly comprehend. 
 Confident aflertion, indeed, we have remarked, 
 without your ufual energy of language, or any 
 ju ft attention to the ** oA/, ccol- haded, general 
 iaWy' the rcfblution o/all the Judges, or ti.e de- 
 termination of Parliament; and nothing but a 
 confidence which fometimes arifes from the 
 grcateft knowledge, for you are not •* aJJoatned 
 " to confejs, that where you are ignorant, you are 
 ** diffident *," could have produced a cenfure 
 of this rcfolution of Parliament, as ** a new 
 ** a?id umo?j/iitutiontiI interpretation "f." 
 
 ** JVefympathize iviih you in a proper horror 
 ** of all punifimentSy further than as it ferves 
 ** for an example X" But, you afk us, To 
 ** whom does this example of execution in 
 ** England, for this American rebellion, 
 ** apply ?" It might apply, we think, and 
 fome good purpofes anfwered in England, by 
 reftraining the infolencies of the feditious, and 
 the incetcftcd intrigues of the great. We how- 
 ever perfedly agree with you, that it is among 
 fuch rebellious children that fuch examples 
 fhould be made. Nor is there a more common 
 cafe, than a trial in England, followed by 
 punifhment in America. Before the ports of 
 the Colonies were fhut againft our commerce, 
 by the men whom you admire and patronize. 
 
 'm 
 
 
 1 
 
 '3 
 
 Pa 2646. 
 
 t Page 14- 
 
 t Page 10. 
 
 how 
 
<( 
 
 t( 
 
 , '■ ( '9 ) 
 
 how many convi<5ts did not there annually fail 
 from the Severn for America? What happened, 
 we bcfcech you, in 1715 and 1745? Thofe 
 who had committed trcafons in the farthefl: 
 Highlands of Scotland, were brought into Eng- 
 land for trial j they were not ** condemned un- 
 ** heard t" they had the ** benejicial trial by jury \' 
 and none has hitherto been bold enough 
 to afTert in the face of the nation and its laws, 
 that fucb perfons were executed according to 
 form, hut could never be tried according to 
 *' jujiice *." And for punifliment, many of 
 them were tranfported to America; which, we 
 fufpedl, has been attended with the ufual effed, 
 and utility of example. That it was polBble 
 to enquire of the crimes of a Colonifl in Eng- 
 land, and to fend him for punldiment to the 
 place where the offence was done, according 
 to a very common courfe of policy, feems not 
 to have occurred to you j though you have 
 told us, how he might be brought from Ame- 
 rica to England, with your ufual energy of 
 di<5tion, and elegance of language, where you 
 fay, " a per/on is brought hither in the dungeon 
 " of a Jhip' s hold : t hence , he is vomit ted into a 
 " dungeop on land -^ ." If policy fliall think 
 proper to tranfport the convitft to the colony, 
 for puniihment, why he may not be vomited 
 from the dungeon of a jhip's hold to the tree 
 in the field, with the ufual decorum, and 
 
 Page 8. 
 
 t Ibid. 
 
 D 2 
 
 formality 
 
U :' 
 
 Is" 
 
 ( 20 ) 
 
 foi^niiiity " of the triumphs dt Tyburn,'* ii 
 what wC wifh you to tell. 
 
 ** ^hat you ccitld not vote" you honeftly 
 tell us, " for a Statute^ which ftigmatizes loith 
 ** the crime of piracy — an unhappy interdicted 
 ** people* 'y becaufe " they had been previottjly 
 ** put out of the proteBioft of the iaiv.-— The 
 '* Legiflature, for the mere new created 
 
 ** OFFENCE cf EXERCISING TRADE, had 
 
 ** ordered all fh^ir j7j *V and goods to be divided 
 '' as a fpoil among the feamen of the navy ; 
 ** and to treat the necessary reprisaI of 
 •* thofe men, as the crime of piracy y feemed 
 " harjh and incongruous'' But thcfe reafons, 
 as they appear to our underflandings dKratif-* 
 fadory and inconclufive, we cannot poflibly 
 approve. The policy of this Country has been 
 long governed by that of the Colonies. Some 
 violent and precedent conduct of the Colonifts, 
 has directed every meafure of the lyCgifia: :re. 
 They had refolved not to trade with Old Eng- 
 land, and had carried this into execution, with 
 a rtrain of the rnoft infulting injuftice j which 
 gave rife to the law prohibiting their com- 
 merce with foreign countries. They had re- 
 fufed all obedience to the laws, and with arms 
 in their hands prevented their execution ; and 
 they were reduced to that flate, which you are 
 pleafcd to call *' putting them under the piotec- 
 " tion of the laiv. But, in truth, the outlaw 
 and the traitor ilill poffcfs certain legal pri- 
 
 * Paiic 6. 
 
 vile 
 
 2es. 
 
^':i 
 
 ( 21 
 
 ) 
 
 'v?lege'R, aftd are hot without the prot^fliort of 
 the lavC^ ; becafufe the forfiiei*, cVen while h^ 
 fefufes to recognize the pr(5cefs of law, ftiay 
 apply for arid obtain a reverfal of his out-- 
 Jawry ; and the latter, though he has throwrt 
 bW Ws allegiance j ftill rec6i<^es every benefit 
 of legal trial. Obedience and protedion ar^, 
 reciprocal duties. Let the Colonifts /etufri 
 to their diity, and, as other fubjedts of thd 
 Crown, obcfy the laws of the land j they ^^ill no 
 longer be conlidered as an irtterdided people, 
 and they will receive ffom that moment every 
 protedion which the laws can give. The du- 
 ration and extent of their fuiferings depend 
 merely on themfelves. 
 
 We beg your attention to what you muft 
 already know. So early as the Reftorationj 
 the Adts of Trade and Navigation, which that 
 illuftrious Merchant Sir Jofiah Child very 
 properly calls the Charta Maritima of England* 
 were enadted, the Colonial Commerce was 
 regulated, and retrained to England ^ and eve^ 
 ry nation, and every alien, were totally ex- 
 cluded. In propoftion as the policy of thef6 
 laws has been univerfally approved, their fpi^ 
 ri^ during every reign, has been carefully cuU 
 tivated and enforced. The offender, who eicer- 
 (ifed trade contrary to the provifions of thoft 
 falutary laws, iiicurred the forfeiture of hi* 
 fhip and goods. Yet yoii confider this as ** a 
 *' mej-e mw created qffejice," and the offender as 
 deferving blame or puniflunent. Why 
 
 pun] 
 
 the 
 
i 
 
 - ( " ) 
 
 ifec forfeitures incurred by ading contrary to 
 the laws of trade, may not with as much pro- 
 priety and juftice be divided among the feamen 
 of the navy, w!io enforce the oblervance and 
 execution of the law, as diftributed to the Go- 
 vernor of a Colony, and the Colledtor of the 
 Cuftoms 3 as it is not obvious to intuition, we 
 wifh you to explain. The remedy, however, 
 is in the hands of the Colonifts themfelves j 
 let them ceaie to endeavour to ruin the Com- 
 merce and Manufadures of this Country, and 
 they will inftantly be reltored to their former 
 important privileges. 
 
 Necejpiry reprijal on what or whom ? If 
 this is a ** dlfpute with the Minifiry," and not 
 " a quarrel with the nation*,'* we wifh to know 
 why reprifal is neceffary; or if made at all, 
 why on us your Conftituents ? If all reprifal 
 prefuppofes fomething already taken, or da- 
 mage done i unlefs it can be fhewn that we 
 had taken their (hips, or deftroyed their pro- 
 perty, the neceflity, or even the propriety of 
 this reprifal on us cannot eafily be fupported. 
 But we are not confcious tnat we have ever 
 injured this ** unhappy^ People \' unlefs to 
 give them greater credit thaji they deferve*d, 
 or to be their creditors to a greater extent than 
 they feem willing to pay, be an injury, we 
 know not that we have ever done them wrong. 
 
 * ?>igc 38-9. 
 
 What. 
 
( '3 ) . 
 
 Whatever offence it may give you, that the 
 neceffary reprifal of thofe men is treated as the 
 crime of Piracy ; yet hov^ever incongruous you 
 may think it, the v^rifdom of the law of Eng- 
 land has deemed it fuch. Until they ceafe to 
 be the fubje(fts of the Crown, their depreda- 
 tions on their fellow-fubjeds upon the high 
 fea will be adjudged Piracy, and puniflied as 
 fuch. That our reprefentatives had voted for 
 them ; that you had conferred honour on their 
 caufe, by patronizing it j and with thofe 
 great talents which you poffefs, had palliated 
 all their condudt which you could not defend j 
 ought at leait to have given us fome merit with 
 them. Perhaps we are at prefent too much 
 aduated by wihat we have felt and fuffered, not 
 to confider their conduct towards us any other- 
 wife than " a Jirain of the mofi unnatural 
 *' cruelty and injujiice*." ' ^^^ ^ • r-^ -;^*>-^ 
 
 A naval war is not only carried on againfl: 
 us by reprifal, but the war is at prefent car- 
 ried on in America j though we think not on 
 the ufual footing of other wars. Exchange of 
 prifoners has been made, but with little fair- 
 nefs or equality. Thofe miferable men who 
 have been taken in the ad: of high treafon 
 committed, by fighting againft the King's 
 troops, or had been left to perifh with hunger 
 or difeafe in the woods, were fent from Canada 
 
 * Page 7. 
 
 to 
 
( H ) 
 
 to their homes, Wiithout ranfoip or condition. 
 Thok who had Ipcen refcued by the good .con- 
 dudt of a Britifh Officer from tiie Indiaus at 
 the Cedars yv^th. great dili^c^Uty and danger, 
 yvxre di/charged, oiji the exiprefs CQiii^ition of re- 
 turning as laiany of the Ring's troops y/ho had 
 V-eei;! taken at St. John's. 3ut the Congreis, 
 \vitlii a policy peculiai- to them, afterwards re- 
 filled to perform the capitulation j a conduct 
 which wo'jild have greatly furprized us, if we 
 h.4 not ibeen told, that among the other mif- 
 chiefs of ciV(iJ wars, " tbey corrupt their mo- 
 ^' rals^ and pre'uent even the natural tajle and 
 •* r£liJJj for equity and jujiice^. T]iofe who 
 were taken prifotners at New York, the Con- 
 grefs, }>erf)?6tly confillent with thofe principles, 
 tefufed to fubfiili and General tHowe, with a 
 humanity which embelliii?es t^e grcateil: ta- 
 lents, difcharged them without ranfom or fti- 
 pulation of return ; and others were iimply ex- 
 cxanged for thofe officers and men who had 
 fallen into the hands of the infurgents, before 
 the \v^r couliji ^c ii\id tp jiave cqimiienced. 
 
 Whether you approve or condemn, praife or 
 cenfure, this condudt of the King's Generals, 
 we are at a lofs to difcover. If Adminiilration 
 pepares to ail againd thofe who have been ex- 
 changed, and thereby " virttially pardonedy It 
 " 'ivill exhibit as indecent a pcice of injujiice^" 
 
 ,^. 
 
 Pa 
 
 2C 21. 
 
 you 
 
^ou fay, as ever civil fury had produced*',*' and 
 yet you tell us, ** that if our enemies are Re- 
 *' bels^ the Kings Generals have no right to re^ 
 " leafe them upon any condition whatfcever, 
 ** and they arc themf elves as anfwerable to the 
 ** law, and as much want pardon, as the Rebels 
 '* whom they releafe\'' If the prifoners ex- 
 changed are not thereby virtually par:'oned, 
 ** the cartel" you inform us, " is a cruel 
 ** fraud; for the life of a man :s received, and 
 " you ought to return a life for it" You con- 
 lider the foldier who is fighting, for the na- 
 tional rights, and in fupport of the laws, in 
 the fame predicament with tliofe who, by con- 
 tending by force againft all law, had incurred 
 the crime of Treafon. But here is no fairnefs 
 or parity in the tranfaftion ; the former had 
 not forfeited his life, and to take it away, 
 would be a moft indecent piece of injuftice^ 
 the latter having forfeited his all to the laws, if 
 he was virtually pardoned, he received a benefit, 
 in return for which he had nothing to give. 
 
 Whenever a rebellion really exifls. Govern- 
 ment, you fay, has not entered into fuch mi- 
 litary conventions, but has declined " all in- 
 " ter mediate treaty." But what happened, 
 we befeech you, in the numerous rebellions in 
 Ireland, from the commencement of Eliza- 
 beth's reign to the capitulation of Limerick ? 
 
 • Page II. f Page 13. h 
 
 ^ How 
 
 •>« 
 
 , \ 
 

 
 \ 
 
 / 
 
 (( 
 
 «( 
 
 tt 
 
 ( 26 ) 
 
 How many Conventions did not her famous 
 Generals enter into ? How many intermediate 
 treaties did not the vigorous Adminiftration of 
 V Elizabeth make with the Iriih Rebels, the con- 
 *litions of which they generally forfeited ? The 
 fame policy was purfued in the reign of Charles 
 I. and v/ith a fnnilar fucccfs. How many in- 
 termediate treaties did not William III. and his 
 Generals enter into with ""he Irifliy antecedent to 
 the final fettlement of their affairs by the capi- 
 tulation of Limerick, which was dilated by a 
 neceflity, which in war, as in every thing elfe, 
 is governed by no principle ? But you aik us, 
 fVho has rcer henrd of capitulation, and 
 exchange ofprifonerSy in the late rebellion of this 
 kingdomV Preflon in 1715, and Carlifle 
 in 1745, were cxprcfsly furrendered upon ca- 
 pitulation. The benefits, however, which 
 are acquired, are more or lefs, according to the 
 terms of it. If they furrender at difcretion, 
 they acquire little more than their lives ; and 
 fuch were the capitulations of Prefton and Car- 
 lifle. The prifoners were referved for future 
 legal enquiry into their condud:, and for par- 
 don, or punifliment, or acquittal, according 
 to their demerits. To a circumflan<e which 
 happened at the trials of thefe men^ you feem 
 not to have fufticicntly attended'. They in- 
 fixed, that they had been virtually pardoned hy 
 the capitulation ; and the Generals who had 
 reduced them proved, that they had furren- 
 dered fimply at difcretion. The law, there- 
 
 fore^ 
 
gTOBT 
 
 { 27 ) 
 
 fore, plainly fuppofed, that the King's Gene- 
 rals had a right to releafe them on conditions. 
 Every war muft be carried on according to cir- 
 cumftances; and every General mull have 
 powers in proportion to his fituation. If a 
 iimplc capitulation at difcretion is no virtual 
 pardon, as no promife is made, fo neither is a 
 limple difcharge without condition. ^ 
 
 The Convulfions of a great Empire you 
 could not confider '* as ft matter of difcuffion 
 ** ipider a commijfion of oyer and terminer *." The 
 King's Generals, you fay, *' had no right to re- 
 *' leafe them upon any conditions whatfoever." If 
 the life of a man is not granted by a virtual 
 pardon for the one you receive, it is a cruel 
 fraud, and there is no fai'nefs or parity in the 
 tranfadion. Thefe ftrange incongruities muft 
 ever perplex thofe who, without paying a juft 
 regard to the old, cool-headed law of England, 
 are altogether governed by their inveterate par- 
 tialities. But thefe fpeculations are perfedly 
 nugatory and vain, and tend only to perplex 
 the ignorant, or confound the uninformed. 
 General pardon has been offered to ail j the 
 validity of which there can be no reafon to 
 doubt i and thofe who continue in arms, well 
 know how eafy it is to make their peace and 
 obtain forgivenefs. , • . 
 
 (( 
 
 We have" it fecms, •* made war on the 
 '• Cojcnies, net by arms only^ hut by lauus ;" But 
 
 * Page 13. 
 
 E 2 
 
 whether 
 
\ 
 
 ■i* 
 
 ( 28 ) . .. 
 
 whether this policy is right or wrong, we bor- 
 rowed it from themfelvcs, and we have only 
 followed precedents which they had eftablirtied. 
 When the Colonies firftconfidered themfelves as 
 aggrieved, *' iy aft unlimited legijlative power of 
 '* Parliament over them^ of which you found 
 ** them in pofjejjion when you firji came into public 
 ** trujl" how did they procure redrefs ? They 
 entered into aflbciations, which had all the 
 eiFed of laws, for a fufpenfion of their com- 
 merce, which they had been taught to 
 confider as ellentially neceffary for the verv, 
 exiftence of this Country. A meafure which 
 you had done fo much, by the repeal of the 
 Stamp Adt, to render fo fuccefsful, was adopt- 
 ed, and purfued upon every new occalion, 
 with almoft a fimilar fuccefs. Thefe afTocia- 
 tions " rooted in their jurifprudence, and we 
 •* now tajie the fruit of them" While they 
 were fuccefsful, you deemed them wife, and 
 honoured them with your approbation ^ but 
 when a fimilar policy was adopted by the wif- 
 dom of the Nation, you then confidered it as 
 ** trampling on feme maxim of jujiice^ or feme 
 *< capital principle of wife Government* ." 
 
 The A<5t on which you have faid fo much, 
 you have gravely ailured us, has fufpendcd 
 the Habeas Cor-nis with regard to all thofe 
 who have bceii out of the realm within a 
 
 h'X ■ ,1 
 
 * Page 20. 
 
 given 
 
 •'•'!^?'-.fc-:r-. ". 
 
( 29 ) 
 
 given time. But, if you had debated again ft 
 this Bill in its progrels, or if you had ever 
 perufed it with attention, you could have 
 formed no fuch opinion of its contents. Every 
 found principle of jurifprudcnce concurs to 
 prevent an extenlion of its *' operative re^itla- 
 ** tion," beyond the very letter of it, to other 
 cafes equally within its principle. We have 
 already fubmitted the very accurate language 
 of this jaw to your fuperior judgment. Yet 
 you tell us, that all who have been out of the 
 realm within a given time, are objedls of the 
 A(St : but thofe only who having been guilty 
 of crimes in the Colonies, or on the feas, and 
 committed by a magiflratc having competent 
 jurifdidtion, are within the letter or meaning 
 of it. Every inhabitant of the Weft Indies, 
 or three unoffending Colonies, are objcds of 
 this lawi but, if they hava not committed 
 crimes, they have nothing to apprehend. Every 
 gentleman may travel for health, or education 
 without intriguing with Mr. Franklin, or 
 conveying intelligence of the ftrength or weak- 
 nefs of the nation. Every failor who navi- 
 gates the fea, may furely follow his ufual oc- 
 cupation*'\vithout committing piracy. And 
 yet you inform us, that the gentleman for no 
 other offence than travelling for health, and 
 the failor for navigating the feas, " are under 
 ** a temporary projcrittion *." If we did not 
 
 * Page 71. 
 
 perfectly 
 
mmmm 
 
 vi'i 
 
 pcrfedlly know your integrity, we rtiould fuf- 
 pe(fl your candour ; or if your great talents 
 were not univerfally acknowledged, we might 
 perhaps blame your underftanding. That 
 liberty is the general right of all, we 
 perfedly agree with you ; and that *' the 
 *' mariner who lands on the quay, ought to reft 
 •' on the fame firm legal ground, as the mer- 
 ** chant who fits in the counting-houfe :" 
 but that the failor, who having committed a 
 piracy, and merits a gaol, fliould ftand on the 
 fame legal ground as the merchant who in 
 innocence has purfued his refpedlable occupa- 
 tion, we cannot poffibly admit. 
 
 ' Having exploded this Adt as putting every 
 one under a temporary profcfiption for no other 
 offence than navigating the feas, you inform 
 us *, that this is the firft partial fufpenfion of 
 the Habeas Corpus that has been made -f ; 
 which is far worle than an univerfal fufpenfion j 
 and the limiting qualification, inftead of taking 
 out the fting, fharpens it to a greater degree. 
 Notwithflanding the ingenuity of your reafon- 
 ing, we mufl remain of opinion, that fame 
 liberty is better than none ; that in proportion 
 as the natural rights of m.ankind are reftrained, 
 a greater or lefs degree of tyranny is intro- 
 duced ; and that the liberty qf all is much lefs 
 afteded by a law which extends to cnminaU 
 
 SI:,, 
 
 * Page 14. 
 
 t Page 15. 
 
 only. 
 
 .^>' *-.^-— ^ 
 
( 3' ) 
 
 cnlyt than if the innocent, by being deprived 
 of their Habeas Corpus, were fubjedted to un- 
 unlimitcd confinement. We fufpc6^, however, 
 that the true objedion is, that the fufpenfion 
 was not general. " The alarm of fuch a fro- 
 ** ceaiing would then be univcrfal. It 'would ope- 
 ** rate as a fort of call of the nation." 
 An unhcrfal alarms a call of the tiatiotiy are 
 things which fome men cannot poflibly refifl: ; 
 and when the frightened retired into obfcurity, 
 the bolder would have rifen up into power. 
 But we think it a felicity, that notwithftand- 
 ing Congreliional refolves, and the intrigues of 
 their patrons, an univerfal tranquillity, attended 
 by an unufual profpcrity, reigned in England. 
 Prudence, therefore, adopted what neceihtyonly 
 required ; and all that was neceflary, or that 
 wnc carried into execution by this Adl was, 
 to detain criminals, particularly defcribed, for 
 a limited time. " The reft of the people are to 
 ** continue as they flood before." We are happily 
 unconneded with " State faSfions," and as it 
 is the ** obnoxious' only who are fufpedted, 
 we have very little to apprehend. 
 
 During the feveral plots and rebellions, 
 which at various times have difturbed the tran- 
 quillity of this Country, from the Revolution 
 to the prefent rci^n, laws were made " to 
 *' empower his Mqjefty to fecure and detain fuch 
 ** perfons asjhall be jufpeBed of confpiring again ft 
 •* bis per Jon and government" Thgfe were times 
 
 of 
 
 ■I^'- V..-.»i3uii.-i-,--. 
 
1 
 
 ii - 
 
 h: 
 
 
 M 
 
 ( 3» ) 
 
 of great heat, and the violence of Siate faSfions ' • 
 agitated tlie whole. Wc feel a very fenfiblc 
 plcafurc in comparing the happy tranquillity 
 of our own times, with the condition of thofe 
 of former d;iys. If thofe laws really intro- 
 duced an univerfal fufpenfion of the Habeas 
 Corpus AO:, let us regret the ncccffity which, 
 for the prcfervation and fafety of the whole, 
 juftifted their principle. IJutif none could be 
 deprived of their liberty but ftiJpcSieJ pcrfons, 
 which arc terms known in law, then the fuf- 
 penfion of thofe laws were merely partial, 
 lince none were the objedls of them but thofe 
 who had given caule of fufpicion. To purfue 
 this enquiry further would lead us into a con- * 
 tention of mere ivor^s, which we think the 
 mod contempt; jle of any. Whether the 
 fufpenfion was general or partial, thofe laws 
 were of fliort duration ; when the neceflity 
 difappeared, the former liberty returned, 
 which we now happily enjoy. 
 
 It is matter of great regret, that you have 
 not debated againft this Bill in its progrefs - 
 
 through the Houfe. 
 
 What might not have 
 
 been the good effe-^s of your powers of 
 fpeech ? The fame ingenious reafonings which, 
 oui of the Houfe, you have now employed 
 againft it, to prove, how far worfe in its 
 confcqucncc, and bad in the principle, is a 
 partial than an univerfal fufpenfion of the 
 Habeas Corpus Adl * ; how much better 
 
 * Page 3. 
 4 a total 
 
 % 
 
{ 33 ) 
 
 ft total eclife of liberty is, thah a partial free- 
 dom * ; and how much more dangerous it is, 
 when liberty is nibbled away by parts, than a 
 rational freedom, which muft be limited to 
 be poflelTed j muft have had the moft decifive 
 confequences : And you would have pro- 
 bably nad no reafon to complain, that all oppo- 
 fition to meafures propofed by Minifters, where 
 the name of America appears, is vain and fri- 
 volous f. r, r- y-: ... 
 
 Although you feem to doubt, whether every 
 thing propofed againfl America is of courfe in 
 favour of Great Britain J j yet, when it is con- 
 lidered, that the conteft is now no longer to be 
 ended by writings or by words; that a ** long 
 " array cf hojiile ASis of Parliament" have 
 proved qnifuccefsful j that with a levity cha- 
 radteriftic of them, they have thcmfelves chofen 
 to plofe the difpute by force, and have difdain- 
 JFully rejected all treaty that did not admit their 
 independence ; you will pardon us, if we are 
 of opinion, that the meafure which mihtate 
 againll: America are in favour of Great Bri- 
 tain. We however enjoy hope, notwithftand- 
 ing ** your prophecies" that the time is not 
 far diftant, when the delufion of the Colonifts 
 being difpelled, thiey will return to their duty 
 and former connections 3 when their hopes of 
 foreign aid, and of a fuccefsful iffue to all 
 
 * Page 15. 
 
 t Page 55. 
 
 F 
 
 J Page 18. 
 
 contention 
 
«m 
 
 mmm 
 
 v'i"-!':^ 
 
 fi' 
 
 M 
 
 i 
 
 ( 34 •) ' 
 
 contention by force being deftroyed, th«y wil 
 again be the peaceful fellow-fubjeds of the 
 fame crown, and governed by the lame equal 
 laws. The interefts of the two Countries, 
 properly underftood, being then the fame, we 
 ihall entirely agree in opinion with you, that 
 every thing propofed againjf America is not in 
 favour of Great Britain. 
 
 I 'iH.' 
 
 
 But you lament, that in the late proceed- 
 ings you fee very few trac s of that ** genero^fy, 
 " humanity and dignity of mind, which formerly 
 *' characterized this n.:non *." We ftiail not 
 propofe to your confideration the repeal of the 
 Stamp hdi, and of Mr. Townftnd's law, for 
 which they were fo remarkably gratsful. 
 But that you fee ho generofity in the refolu- 
 tion of Parliament of the 20th of February 
 1775, ^'^° \'vitii a real dignity of mind, and 
 with a view, if poflible, to prevent a civil war, 
 even after their authority had been denied, and 
 their laws had been forcibly oppoled; gave up 
 the important right of taxation, which was 
 the great original caufe of all their complaints ; 
 that you fee no humanity in the general un- 
 conditional pardon which has been offered to 
 all who had forfeited every thing to the laws ; 
 we think aftoniflring : Nor can we accoimt 
 for it without confidering, that Civil wars 
 ■vitiate' the politics, and corrupt the morals of 
 
 * Page at. 
 
 mankind; 
 
iiiips 
 
 h 
 
 ( 35 ) 
 
 mankind * ; and their natural relifh for equity 
 being perverted, they no longer view the pro- 
 ceedings of nations or oi irnlividuals with 
 impartiality, or charad:erize them with any 
 fairnefs or truth. , r ., '■ .; 
 
 As we think not the worfe of you for de- 
 clining to participate in this joy, on the prefent 
 iituation of the Britifli affairs ; yet, you have 
 not told us the caufe why you cenf'ire others, 
 who have thought proper to coniider them as 
 objeds of triumph to themfclves, or congra- 
 tulation to their Sovereign. It liberty is a 
 general right ; you ought to allow to others, 
 what you claim for yourfelf, the right of 
 enjoying ** your inveterate partialities ." Thro' 
 the medium of thofe partialities, you fee the 
 condud: and affairs of this country, " as a fad 
 *' fpeSiacle exhibited to the fcorn of Ruropc.'* 
 Permit others to fee them in a very different 
 light. They behold it as a great, flourifh- 
 iag, : J wealthy nation, which, under the 
 condu(i.> of prudence and wifdom, has made 
 greater exertions in a contention of the greateft 
 magnitude, than any oiher nation on earth 
 could make; inflead of being reduced to a 
 fervile dependence on her iieigh hours, v/ith a 
 magnanimity worthy of the iiril: of nations, 
 preparing her mighty natural ftrength to repel 
 ^njury, and to command attention ; com- 
 
 .'.^fy-i/ 
 
 i^t 
 
 * Page 21. 
 F 2 
 
 plaining 
 
rsap 
 
 ( 
 
 36 
 
 ) 
 
 ■f^ 
 
 plaining of fuppofed, hoftiliiie?; and procuring 
 redrefs; regarded by her allies, and feared 
 by her enemies ; and at the fame time that 
 chaftifement is prepared fqr the refradtory and 
 rebellious, thofe who {hew any inclination to 
 return to their duty, are treated with a genc- 
 rolity, and even humanity, beyond example. 
 
 If the employing ** the hireling fword of- 
 " German boors" to fupport the liberal Go- 
 vernment of this free nation, has given yoi]^ 
 offence, we beg you to inform us, if the fame 
 policy was not purfued in the inoft flour J filing 
 days of this kingdom r Who, we bcfeech you, 
 fought the battles of William III. in fupport 
 of the glorious Revolution againft the Irifh ? 
 The Danes and Dutch, the Wurtemburgers 
 and French refugees. The Dutch fought 
 again^ the rebels in 171 5, and the Hefilans 
 fougnt againft thr m in 1 745. In other reigns 
 ** German boors" vere brought into the na- 
 tion to prevent invafion j and in the laft war, 
 the moft expenfive JMid glorious of all, the 
 fwords of *' German vajfals" fought the battles 
 of this country ; America was conquered in 
 Germany. If the continuance of war was un- 
 avoidable, fmce the demands of the Colonuls 
 rofe in proportion to conceflion j and treaty 
 propofed, even with condefcenfion, was rejected 
 with difqain; v/e defire you to tel), how an army 
 was to be raifed able to contend with ** three 
 ** millions ofjubjeSfsfiekingprote^fion in the arms 
 '* of France i'" If the projects of the Congrefs 
 
 and 
 
( 37 ) . . 
 
 apd their abettors had proved fuccefsful, ia 
 deftroving the trade, and ruining the manufac- 
 tures of the nation, armies, though without 
 difcipline, indeed, might very eafily have been 
 raifed. But, thank God, no loom has been 
 H-pped in its (hed, or ftiip laid up in its dock ; 
 the mechanic ftill lings in his fhop, and the 
 ploughman w^hiftles after his plough. The 
 lazy and vicious, indeed, recruited the national, 
 troops ; but, their numbers being few, they 
 were infufficient to augment armies, or to fup- 
 ply regiments. Vigour, therefore, propofed 
 what Wifdom inftantly adopted, to take into 
 the ^crvjce and pay of the State foreign dif- 
 ip '\ veterans; a policy which had been 
 found convenient in the mod flourishing days 
 of the kingdom, and wifer far, in our judg- 
 ments, than obftrudting trade, or incommoding 
 tjie manufa<5lurer, by making new levies, which 
 are always more expenfive, and feldom fo ef- 
 fectual. . '•'/ ,^;" -. '-■• ■•.•..-,-?:...■.- .■,.■■.,;.;,./- 
 
 ;,-!., ,>i; 
 
 ^r^ i^ 
 
 You could not eafily adapt your mind to the 
 viiflories communicated by the *' Court Ga- 
 ** zettes ;" und the '* glory acquired at the 
 " White ri/u^is by Coloticl Raille has no charms 
 ^\ J or you. Bat if you found uq charms in 
 his gloiy, -lis? ; delight muft you not have 
 felt in heariu.\ ot his unfortunate fate and un- 
 happy end on the fields of Trentown ! If you 
 delight not'* infhdingFortKniph.ulen in the heart 
 " of the Britijh dominions," with what extacy 
 
 you 
 
( 38 ) • 
 
 you muft have heard of the erc<5tioii of Fort Le&\ 
 and Wafhington, and above all of Fort //i<^- ' 
 pendence! And if the " barharous appellations of 
 '^ Jir angers" which you *^ fiarcely know bow 
 ** to pronounce y" hz^ given you offence, how' 
 charmed muft you have been with reading • 
 the harmonious names of Wafhington and 
 Putnam, Macdougal and Woofter I ^ ,, , . . 
 
 Notwithftanding thofe victories, •* fi//r af-"' 
 ^* fairs" it feems, ** are in a bad condition i', 
 •* Atnerica is not conquerei "'" More, howj 
 ever, has been done than the '\ intelligent 
 exped:ed. There were difficultic in the tranf-- 
 'porting fo large an army, with its immenfe?^ 
 train of necelTaries and attendants, acrofs the- 
 ocean, which no nation but this could have 
 furmounted. The wifeft Generals were of 
 opinion, that little more could be done, than 
 eoUedting together an army in the Fall, to pre-^ 
 pare for the campaign of 1777, ^'^ the fpring,.- 
 But the abilities of our Officers have fuccefs-, 
 fully executed that which the wifdom of the 
 Miniiler had planned. Canada has been re-' 
 conquered; and by the deftrudtionof the Con-' 
 greflional fleet on the Champlain, a way has;' 
 been opened into New England. The Flo- ' 
 ridas have been fecured j Nova Scotia has becr^ 
 freed and (lengthened j Long Ifland and New', 
 York were conquered ; the impregnable works 
 
 * Page 24. 
 
 .c.i^via 
 
 n 
 
 4 
 
( 39 ) • 
 
 1A feingfbridge were forced without the \oCs of 
 a man -, aivd the Forts Lee, Wafhington, and 
 Independence, fubmitted at difcretioHv. The 
 army penetrated to the Delaware without op- 
 poiition ; the Congrefs fled j and, if our pri- 
 vate intelligence is true, nothing but the fe- 
 verity of winter could have prevented th« 
 final diffolution of their power. 
 
 .•i i«^.'-i*.'' 
 
 u;. 
 
 ;7.,, 
 
 c< 
 
 c< 
 
 • But on the moft profperous iflue of out 
 arms, you aflure us, "* we ivillnot be where we 
 Jiood when war was called in to Supply the de~ 
 feSi of political eftablifiment * . If, after having 
 endured all the intermediate evils of war, we 
 cannot ftand on better ground, we fhall have 
 got a bad bargain indeed. If at the conclulion 
 of war, our factors cannot without infult and 
 obltruiflion carry on our affairs, and recover 
 our debts ; if our {hips cannot trade with 
 falety in their ports ; if fmuggling, the bane 
 of fair trade, cannot be reftrained; and if the 
 A<fts of Navigation, the great Palladium of na*- 
 tional commerce, cannot be executed, enfor- 
 ced, and invigorated, we had better have inde- 
 pendence at once. Thefe are the important 
 objedta on which we have let our hearts ; it is 
 for thefe that we are at war. ** A revenue ," 
 you affure us, " we will never fee from Atne^ 
 ** rica." But, as we underftand this great ori^ 
 ginal caufe of Colonial Grievance was ex- 
 
 ■ 1 
 
 * P 
 
 age 29. 
 
 prefsly 
 
( 40 ) 
 
 ; 5 :■ 
 
 ^efsly given lip to them by the f efdlutiofl of 
 Parliament of February 1775 ; if they would 
 have condefcended to have entered into com- 
 munication or treaty as fubjeds with the na- 
 tional Commiffioners, we have reafon to think 
 this important point, with others of lefs im- 
 port, would have been fettled to the mutual 
 fatisfadlionof all. But if they^as fubjeds, con- 
 tinue to receive the protedtion of this Country, 
 let them contribute by fupplies td the fupport 
 of its power ; let them give fomething^ but ini 
 their own way i they ought, however, to afford 
 fome afliftancc to Old England j and it is for 
 this too we arc at war. ,, - , . 
 
 f 
 
 m 
 
 The way to final fettlementi we think, with 
 you, is ftill full of intricate, dark, and per- 
 plexed mazes : But as thefe principally con- 
 lift in that dark dejiifion which has ovferfpread^ 
 the Colonies, and has hitherto prevented them 
 from feeing their own good, or difpaffionately 
 purfuing it ^ and as we have the fatisfadion to 
 be told, that " you jhould be ajhamed to make 
 *' yourfelf one of a noify multitude^ to halloo and 
 " hearten them into doubtful and dangerous 
 " courfes * ;" we are not wrthoxit hope, their 
 delufions will foon be difpelled, they will in 
 all fobernefs return to their duty, and as men of 
 bufinefs, unconnected with Party y ferioufly con- 
 cur with the national Commiffioners in a final 
 adjuftment of their affairs. 
 
 * Page 25. 
 
 Every 
 
f 4» > 
 
 ' K very thing that has been done there, w^ 
 are told, has arifen frotp a total mifconceptipn 
 of the qbjed: ; and all means of reconciljiation 
 with it> even after vidory, mud depend on a 
 tqtal renunciation of that unconditional fubmif** 
 f}on, which has takei^ fuch po0eirioa of the 
 minds of violent. men% All means, indeed, 
 have hitherto proved unfuccefsful ; bujt whe- 
 ther tlierc 1, as been a total mifconception of 
 the obje<^, we have fome reafon to doubt. 
 During almoil every Admin iflration in the 
 prefent ceign, a different mode of policy has 
 been purfued, and all equally unfuccefsfuL A^ 
 ^w made during one Adminiilration was re- 
 pealed by the next, without acquiring their 
 confidence ; a new law, made under a third, 
 upon principles which they had formerly ad- 
 mitted; but, grown cpn^dent from fuccefs, 
 met with a fimil^r oppofition ; and to remove 
 diicontenjt, was repealed under a fourth Admi- 
 niftration, but without lattaining the end. An- 
 pplher law W2,s enacted upon a dill different 
 principle ; but the authority of Parliament to 
 iegiflate for them in any cafe, was now ex- 
 prefsly denied, and the law was oppofed by 
 them with greater outrage. Principles of Le- 
 gillation had been furrendered to them; but 
 they infilled for a greater conceffion. Laws 
 had been repealed without receding from prin«* 
 pple; but they rofe in their demands. They 
 were threatened and foothed ; meafures of vi- 
 gour, and thofe pf concciTion, were propofed, 
 
 C and 
 
 ' i( 
 
 , I. 
 
Kzm 
 
 / 
 
 ( 40 
 
 And all proved equ' lly "nfucccfsful. Wc Will 
 do you the '"ftjrt: ,o fay, that nothing could 
 have prcvenwd t^ important crifis of affairs 
 ^vhich I)a' ,.nfen m 177^, but a fteady pur- 
 suit of your principles of Colonial Policy ; to 
 repeal without referve every law of which they 
 complained, and never again to legiflate foi' 
 them in any cafe whatfoever. But whether 
 this would not have produced an independence 
 of the worfl kind, a nominal dependence; but 
 real independence, we fubmit to your coniidera- 
 tion. They would have then been the fub- 
 jcfts of the State, without being bound by its 
 laws J they would have received the advantages 
 offubjedts, and the proteftion of Government, 
 without contributing any thing to its fupport; 
 and they would have ttaded whither they 
 pleafed, without regard to the A<5ts of Naviga- 
 tion, which, as there would have remained no 
 power to execute or enforce them, muft nc- 
 tJcflarily have become a dead letter. There is 
 a fimplicity in this plan of policy which would 
 have cnfured its fuccefs ; but we wifh you to 
 t©H, where would have been the advantage of 
 Old England ? 
 
 ■t-nriii. 
 
 'i^?.i«,H 
 
 Unconditional fubmifllon to the laws of the 
 land,' we think the duty of every fubjedtj 
 fince, in proportion as their obedience is qua- 
 lified, they ceafe to be fubjedls, and acquire a 
 portion of independence. This is the uncon- 
 ditional fubmifiion to which men of the great- 
 eft 
 
 fl 1 
 
 I ■ 
 
\ 
 
 ( 43 ) 
 
 eft wilclom and authority in the State have 
 thought the Colonies ought to fubmit. If 
 conditions are granted while arms are in their 
 hands, the idea of their own power and con- 
 fequence will remain ; and what fecurity would 
 there be, ti:iat tjiey will faithfully perform the 
 conditions o:^ peace any longer than they pleafe, 
 or than this Country is able to enforce j fince 
 the ftability of all Government depends much 
 upon opinion ? If the making of peace was 
 confided to you, and everv law was repealed 
 of which they had ever complained, and every 
 thing conceded which they had ever required, 
 we befeech you to inform us, what guarantee 
 ypvi or they could give againfl thofe powerful 
 motives of mankind. Ambition, Intereft, or 
 Refentment. If no rational fecurity can be 
 given, that they would at all times faithfully 
 perform the articles of peace which you had 
 made, the dilemma is plain ; they mud either 
 be reduced to the unconditional fubmiflion 
 which every fubjed, in every territory of the 
 Crown, owes to the fupreme Legiflature, or be 
 declared independent* 
 
 .> Although nothing can place us. in our for- 
 mer fituation, yet '* terms relative to the caufi 
 ** of the war," you fay, ** ought to be made by 
 " authority of Parliament * ." This, is a point of 
 ^reat conl'equence, and we beg a Itttlex^youjr 
 
 ■^\.'\ 
 
 'j»ge 30. 
 
 patient 
 
•/ 
 
 i 
 
 i- 
 
 ■( 4-4 /) 
 
 patitnt attention.. Wife men h^ve differed 
 witliicgard to what is the real caitfe of the 
 war. Some, indect^, have fuppofcd, that In- 
 dependence was the real caufe from the begin- 
 ning, and that exemption from parliamentary 
 taxation was merely a pretence. But if thi 
 great original caufe of Colonial GricvartcJe?, 
 and real caufe of the war, was taxation j yet 
 till bf late, they profefTed their rcadinefs to 
 grant money for the public exigencies, by 
 their own Aflemblies, in their own way. 
 Upon the peace of 1762, which had fecur- 
 'cd the Colonies fo many important advan- 
 tages, and in truth had prefervcd them 
 ffom the dominion of France, the nation was 
 found immenfely indebted, and no fmall part 
 of it incurred on a Colonial account. Tncfc 
 circumftances were communicated to the Go- 
 loiiies by the Minifter, through their Agents 5 
 and they were informed, that it was not ex- 
 pedtcd of them to pay any part of the intefeft 
 of the national debt ; but fome part of the an- 
 "nu&l expence of the great encreafed American 
 Eftablifhment they ought to- pay, which they 
 might raife by their own Affemblies, in the 
 "way mod agreeable to them. However rea- 
 fonable the proportion, or however confiftent 
 -with their former profeflions, it was fcorn- 
 'fully rejedled by fome of them, and complied 
 ^vitn'by none. Thefefafts, which prove be- 
 yond doubt that the Colonies were requefted 
 to tax themfelves, before the pafling the Stamp 
 'Ad, and rcfufed to comply, were carefully 
 
 concealed 
 
( 45 ) 
 
 tanoeakd in America, and evcii almoft un- 
 known in England. Three perfons* of in- 
 tegrity ?nd underftanding, who were cor and 
 eye witneffes of the tranfiidtion, as well as thp 
 letters of Affcmblies, and of Agents, concur in 
 cftablifhing th\s fingular, and important point 
 in Colonial Hiilory 5 and yet you have aiTcrt^ 
 «d, in the fece of Parliament and the Nation, 
 that " thefe fa3s happen to be neither trjue nor 
 
 The Various fteps which were.purfued by 
 different Adminiftrations, from this time to 
 the beginning of 1775, to carry into execuf 
 tion the policy, of either inducing or oblig*. 
 ing the Colonies -to contribute fomethiug to*- 
 Avards the fupport of their own eftabliChments, 
 have- been already 11 ightly touched, and need 
 not be repeated. 1 o conciliate the affcdions 
 of the Colonies, and if poflible to prevent a 
 civil war, the Houle of Commons, on the 20th 
 \)f February 1775, with agcnerolity, and even 
 condefcenlion, which will always do them 
 •honour, . paffed fev^ral refolves, which may be 
 reduced to this fmglc, finiple propofition-^ 
 That when the Colonial Affemblies JJjall contri- 
 bute, according to their circumjlances, to the 
 common defence. Parliament will forbear to 
 " tax the Colonies, If this propofition did not 
 
 <( 
 
 (( 
 
 C( 
 
 i-i-i jW'^'tfr '^**-' 
 
 • .i.> ^ S,**i. fi'''\ J i . 
 
 1 '- • Meff. Maduit, Montague, Knox, 
 t Printed Speeches. 
 
 contain 
 
( 46 ) 
 
 contain all that had ever been claimed j yet 
 much more was conceded than their moil 
 fanguinc Patrons had ever any reafon to f^x- 
 peft. Upon this fimplc propofition, wifaom 
 and prudence might have eredled a fyftem of 
 Colonial jurifprudence, which, if not abfolute- 
 ly perfedt, might have given fatisfadlion to all. 
 The authority and omnipotence of the Houfe 
 of Commons, principally arife from the im- 
 portant prerogative or granting money. Why 
 the fame or limilar efTedts might not have been 
 derived from this circumilance in the Colonies, 
 we believe no mortal can tel! It was a An- 
 gular excellence of this propofition, that the 
 •appropriation of the expe<^ed revenue, was fpe- 
 cified, which prevented all fufpicion of its 
 •* increqfing the means of corruption, with- 
 ** out any eafe to the public burthens ;" — it 
 was " to be carried to the account of each PrO" 
 ** vince reffeSiively " Little evil could have 
 enfued, and mighty good might have followed 
 the adoption of this refolution by the Colo^ 
 nies i yet you oppofed it in Parliament, for 
 reafons which we recoUedt not, if you have 
 ever explained. 
 
 1 ^fcV^ Iv ■'/■' *^^: _"ft *i«L 
 
 Both private intelligence and public infor- 
 mation agree, that thcfe Refolutions had the 
 good fortune, which few Parliamentary deter- 
 minations have met with ; it was publilhed in 
 the Colonies without a comment, and two 
 weeks before any private letters, op public 
 
 ipeechcs 
 
( 47 ) 
 
 /J)fccchcs arrived. It fcemcd to give fatisfaftion 
 to all, as containing every thing for which 
 they had ever contended. But this fatisfadtion 
 was of Oiort duration. The ufual private 
 letters, with the Parliamentary Speeches, hav- 
 ing; arrived, they were publifhed with the Rc- 
 fomtions themfelves In form ; and it was now 
 reprobated with a warmth in propoition to 
 their former approbation. The Governors 
 communicated thefe propolitions of Parlia- 
 ment to the AfTemblies, in the ufual conftitu- 
 tional 'vay ; but, unhappily, they had now got 
 their cue -, they would hardly do them the 
 honour to read them with attention, and they 
 finally rejedled them with difdain. The Con- 
 grefs too, has confidered and rejected them j 
 and it is very lingular, that in their Declaration 
 of d' oprobation, they echoed back the veiy 
 obj< "JG, in almoft the fame language whicn 
 had been made to them in Parliament : cir- 
 cumftances which appeared to us, who are 
 unconcerned in the intrigues of the Great, as 
 very extraordinary. 
 
 Notwithftanding this want of fuccefs, the 
 Parliament, in the beginning of 1776, pafleda 
 law to empower Commiflioners to grant par- 
 don to the Colonifts, to reftore them to peace, 
 and to all the privileges of fubjedls. But, 
 with a peculiar infolence, the Colonifts have 
 defpifed the proffered pardon ; and though the 
 Comriiiffioiiers, with a condefceniion which 
 3 perhaps 
 
"ll 
 
 I 
 
 ( 48 ) 
 
 perhaps dctfafted from the national; dignity, 
 entreated th;m to confer on the means of re- 
 ftoring peace, and of redreffing all their juft 
 grievances; yet» With unexampled teincrity, 
 they rejedled all mode of treaty that did nod 
 predippofe them independent. Such' are the 
 terms relative to the caufe of the war, v/hich 
 appear to us to have been offered by authority 
 of Parliament, with a moderation which doea 
 credit to the Nation, and rejedled vfith aa^ 
 infolence which ever accompanies a powec 
 newly acquired- ; ,fliqqKa{;»j ,i;. i j rew unch 
 
 But you afk us. Have the Natk>nfl} Com- 
 mi0ioners, whom yott very modeftly denomi** 
 aate ** the leaders of aft^ion^' reftored to the 
 King's peace, afed to free trade, any m^ vrha 
 have fubmitted? Yes; they have not only 
 offered a general unconditional pardon to all, 
 even to thofe. the inveteracy of whofe crimea 
 bad rendered the moft obnoxious ; but have 
 granted pardon, protection, and fecurity, to 
 thofe who have fubmitted, and have declared 
 themfelves willing to become the peaceful 
 Subjcds of the Crown. They ar6 now at 
 the Kind's peace, poffefs their property in fe- 
 curity, and enjoy all the privileges <:'i other 
 Subjeds, without diminution. But wk/arc 
 they not inftantly reftored to trade ? They cp- 
 joy perfed freedom of internal commerce, 
 and even foreign trade, to is great an extent 
 as any fubje6t of the Crov/n. We who pre- 
 
 fervcd 
 
 V 
 
 y 
 
 ^-.,^- 
 
 *,1^» 
 
 |i ' ! 
 
# 
 
 rf«^.. 
 
 ( 45 ) , 
 
 ferved our loyalty, are as much excluded from 
 tarrying on a foreign trade at New York, as 
 thofc, who, by their infurre^^lions, had for- 
 feited every thing to the laws. Every part 
 of the Empire feels the evils of war, in a 
 greater or lefs degree ) and we think it vmjull 
 to complain of their fuffering an inconve- 
 nienf:e, when th^* moft peaceful and loyal 
 are in a fimilar fituation. When the iiecefli- 
 ties of war ohall permit, and jufl. policy re- 
 quire, the trade of every po/t in the Colonies, 
 will be once more laid open to all ; tl, ey 
 and we will enjoy the lame privileges j and 
 then there will be no longer any caufe, even 
 for mifreprefentation, to aiTert, '* That t&e 
 '^* American trade fr:)?n being national^ is turn" 
 " ed into a ferfonal monopoly^ and dealt out tn 
 V private graces to reeompenje .the incerLdiarien 
 *l,of war,''^ , --i: .... ., . . . .... J/ 
 
 .f.i, 
 
 . , Jtj*^'. 
 
 < '^Kever had we heard, 'till you. gravely int^ 
 formed us, that there were in this Kinf^dom 
 Several Gentlemen, who, not fatisfied with car- 
 rying fire and fword into America *, are nearly 
 aiiimated with the fame rage again II their 
 neighbours; and, not content with the tolera- 
 tion of their own pafiions, perfecute the mo- 
 deration of their fellow-citizens. We flatter 
 our/elves we fall not under this cenfure ; and 
 we hope you will du us the julUce to ueiievc. 
 
 * Pages J5, 36. 
 
 II 
 
 ^' 
 
 that 
 
H 
 
 ■■f-i,ff 
 
 f S 
 
 
 N'''f i 
 
 ■^I. that not being of the number of thofe Gentle- 
 i men, we abominate evCiy kind of perfecution ; 
 but efpecially for political opinions of any 
 kind. That every man in this free Country 
 may think as he pleafes on politics, and write 
 what he thinks, without dread of perfecution; 
 your Letter, which is now before. us, feems to 
 us the ftrongeft of proofs. Some reafon we 
 have to believe, that it was owing to the 
 knity of Government, that ** the intrigues of 
 ** fome meriy' which were perfectly known, 
 had cfcaped punifhment, or even repre- 
 henlion. We exceedingly admire the inge^ 
 nuity of your reafonings in favour of tolera- 
 tion 'y and though they are not altogether ap- 
 plicable 'D the happy fituation of this Coun- 
 try, we apprehend they might do *' Knights 
 *^' fervice" in the United States of America, 
 wliere perfecution for political opinions reigns 
 triumphant. Every man in thofe free States 
 nuift think, fpeak, and write according to 
 rule J none dare arraign the wifdom, or the 
 virtue of the ruling powers. There is no 
 oppofition -party in that Country, with the 
 invaluable prerogative of reviling, mifrepre- 
 fenting, and infulting thofe who have hap- 
 pily got into povs'-er. How many in that 
 Country have luffered confifcation, impri- 
 ibnment, and death, for their political opi- 
 nions ' How many do we daily fee, who have 
 been driven from their homes and friendi 
 into banillimcnt, ^ ^^d, from being of fome im- 
 ' . 4 portancc. 
 
y 
 
 ;e 
 U 
 
 CO 
 
 ( 5« ) - 
 
 portance, are now iniigniiicant j and who from - 
 enjoying affluence, are now reduced to pover- 
 ty, merely becaule they would not fupport 
 mealures which their confciences could not 
 approve ! If the Congrefs and Committees 
 are not even more ungrateful than we have 
 had reafon to think them, they would certainly 
 pay a jurt regard to your fentiments. As si 
 friend to the general rights of mankind, we 
 befeech you, therefoi-e, to write them on this 
 fubjeil:. Let them know, in your forcible 
 and elegant manner, that there is nothing more 
 inconiillent with the natural rights of men, 
 more unreafonable or unjult, more iniquitous, 
 more impolitic, than perfecution ; and advife 
 them, that tolerated in their own paflions, 
 they ought not to in^id: what they are not 
 willing to endure. 
 
 As we fee not its truth, we cannot poffibly 
 approve of your fentiment j That General 
 Rebellions never were encouraged, Ifui 
 are always provoked *. From our intimate 
 connedion with America, we have learned 
 fomething of its affairs. Antecedent to the 
 Stamp Adl, the Colonies or their politics had 
 never been very great objedts of public atten- 
 tion J nor had they ever been adopted into the 
 political party-game of this Country: But 
 the vigour and fuccefs with which they had 
 
 * Page 39- 
 H 2 
 
 ' i^:' 
 
 J 
 
 ( 
 
 jppofed 
 
sir 
 
 'ft 
 
 n 
 
 ■0 ■ 
 
 i^^ r 
 
 ( 52 ) 
 
 oppofed that law y the deciiive inflaence which 
 their refohitions had on the great commercial 
 and manufadturing interefts of this Country j 
 and the great influence which their vehement 
 oppoiition hadi or was fuppofed to have, in 
 changing a Miniftry, or rcpeaUng a law j gave 
 them a weight in the political fcale, which 
 before they had not pofiefied ', and they were 
 regularly inlifted into the parties of this 
 Country. From this time the Colonies be- 
 came a fcene of political intrigue and 
 management, of great extent and importance. 
 Certain great men, who had obferved the utility 
 and efFeds of Colonial oppofition, and that they 
 were capable of diredlion and management, 
 carefully cultivated a correfpondence with their 
 leading men, who were forward enough on 
 their part j and politicians of lefs pitch and 
 moment, carried on fimilar intrigues with 
 fimilar views : And mercantile letters, ad- 
 mired formerly for brevity and precifion, were 
 now ftuffed with details of public iaflfairs j i.or 
 could any merchant or manufad:urer hope for 
 fuccefs with his correfpondent, whofe letter 
 contained not a reprcfentation of politics, fuit- 
 able to his paflions or his views. Nor were 
 the Coionifts backward on their part : They 
 carefully cultivated this correfpondence. The 
 thanks of Public Bodies were given to Pai ia- 
 mentary Speakers for their protection, their 
 fpeeches, and defence j and their pictures were 
 exhibited in their public places to do them 
 ' ^ - . i '' - '* i honour; 
 
( 53 ) 
 
 honour ? and a regular Colonial party wai 
 formed in England, which you avow and de- 
 fend *. ^; •;%;. ■ v.** 
 
 The Society of the Bill of Rights became 
 the oftenfible Patrons of the Colonics. They 
 tr.mfmitted funis of money to enable them to 
 carry on their intrigues and oppofition ; they 
 were exhorted by them to perfevere in their 
 refiftance of Adls of the Legiflature, which 
 they declared to be no Parliament. " Pro- 
 ** perty" fay they, in one of their circular 
 letters, ** is the natural right of man-- 
 kind. 'The conneSlion between taxation and 
 reprefentationy is its necejjary confequence. The 
 comiedhon is now broken, and taxes are to be 
 levied both in Rngland and in America, by men 
 who are not their refpeSiive reprejcntatives. Our 
 caufe is one. Our enemies are the fame. We 
 triijl our conjlancy, and conduSi will not differ. 
 Demands which are made without authority^ 
 Jhould be heard without obedience." Among 
 the figners of this truly patriotic epiflle, we 
 find among others, the celebrated names of 
 Glynn and Oliver, Trevannion and Townfend, 
 Mawbey and Sawbridge -f. Theie are ibme of 
 *' your Political Company — with whom 
 for eleven years you have conflantly thought and 
 a^ed X" This very famous Society, not 
 content with fending them money, and con- 
 veying advice to the Colonies, intruded the 
 
 <( 
 
 <c 
 
 << 
 
 *t 
 
 (C 
 
 <( 
 
 cc 
 
 (( 
 
 C( 
 
 (( 
 
 <( 
 
 • Page 37. f Un. Reg. vol, xiil. p. 224 — 5. tPage67. 
 
 national 
 

 i '^? I 
 
 i ■ 
 
 ( 54 ) 
 
 national rcprefentatives in their behalf. " You 
 ** Jha/I endeavour" fay they, " fo rejiore to Ame- 
 ** rica the ejfential right of taxation by reprejen- 
 " tatives of their own free eleSfion j repealing the 
 " laws paffed in violation of that right fince the 
 *^ year lyZ^'y and the universal excise, 
 ** fo mtorioiijly incompatible with every principle 
 " of Britijh liberty i which has been lately 
 
 ** SUBSTITUTED IN THE CoLONIES, for the 
 
 ** laws of cufiom * ." ' ' 'v' * 
 
 The illuftrious Junius condefcended to write 
 a Commentary on this fingular inftrudlion, 
 which, in truth, wanted none. Inftead of 
 telling them what he muft have known to be 
 true, or his ignorance was extreme, that this 
 was a mere political falfliood, calculated to 
 inflame difcontent, he very gravely informed 
 them-|-, ** I am not fufflciently informed on the fub- 
 " jedl of that excije, — to deliver our opinion 
 ** upon it i" and he aflures them, that •* any 
 " other revenue laivsy but thofe of excije ^ would be 
 " nugatory in fuch a country as America" Such 
 were the arts ufed to promote diforder, and to 
 excite difobedience. Thus encouraged to de- 
 fpiie and to rcfift the authority of Parliament, 
 none ought to be furprifed that fcholars fo apt, 
 were not backward to pradife the excellent 
 lefTons which had been fo carefully taught, and 
 
 * Lond. Mufeum, vol.iv. 304, 
 vol. X. p. 134. 
 
 t Pol. Regift. 
 fo 
 
 N 
 

 i 55 ) 
 
 fo warmly inculcated on them. But it was 
 not only public focieties, private individuals 
 enforced the fame dodtrines : ** Go on, go on," 
 fay they, in Letters which filled all the 
 public papers j "your friends are daily increafmg 
 *' in England', perjevere, and your resistance 
 " will be crowned with fuccefs," When, in fu- 
 peraddition to thofe fa6ls, are mentioned public 
 fpeeches and inflammatory writings, can any 
 mortal hefitate to concur in thinking with us, 
 that the prefent war with the Colonies was 
 rather encouraged, than provoked ? ... 
 
 But whether encouraged or provoked, the 
 war, it feems, is fiow of full two years ftand- 
 jng * ; and the fuperiority of the former cam- 
 paign rejied wholly with the Colonies "f-." That 
 you may form a true judgment of affairs, we 
 mean to trouble you with a brief ftate of things. 
 There were not wanting many wife and well 
 meaning men, who from the proceedings of 
 the Congrefs, which met in September 1 774, 
 hoped for, and expeded a peaceable and final 
 end to Colonial difputes and dilturbances. 
 But their wifhes and hopes were altogether 
 difappointed, when the Congrefs, in an evil 
 hour, moji thoroughly approved of the refol lo- 
 tions of the county of Suffolk, in Maflachufetts, 
 avowing their determination to oppofe Adls of 
 the Supreme Legiflature by force. All their 
 
 Page 57. 
 
 t Page 43. 
 
 fubfequent 
 
I ( 
 
 ■\ 
 
 < f 
 
 J- 
 
 ( S6 ) 
 
 fubfequent proceedings were unhappily marked 
 by the fame Ipirit. All their grievances, a9 
 you inform us, have ariien from the principle 
 of Ads of Parliament ; but to the Legiflature, 
 who could only grant them relief, they applied 
 not for redrefs j for this would have ad- 
 mitted jurifdidiion, which they were not then 
 of a temper to do. To the King, indeed, they 
 petitioned, and complained of a very long lift 
 of grievances j but they knew the King could 
 not grant them the redrefs which they prayed, 
 and mufl have had therefore little hope of fuc- 
 cefs. Their former commercial aflbciations were 
 now improved and enlarged j and with a view 
 to alarm the merchants, and to raife infurrec- 
 tion among the manufacturers in this country, 
 all trade with us was prohibited. 
 
 The conclufion of their addrefs to the people 
 of America, defired them to prepare for th^ worft ^ 
 words dark and ominous, which fufficiently 
 evince, that even the Congrefs thought the 
 meafures they had purfued were fuch, that no 
 reafonable hope could be entertained of their 
 fuccefs. Without waiting for a redrefs of theif 
 grievances, as they had prayed, or the refult of 
 their commercial regulations, almoft all the 
 Colonies, immediately after the riling of this 
 Congrefs, in Odober 1774, made vigorous pre- 
 parations for war. In the provinces o f[he South, 
 the militia was embodied and trained, money 
 was raifed, and arms and ammunition were 
 
 provided. 
 
 ^/i 
 
 tii 
 
 '\ 
 
{ 57 ) ^ . 
 
 provided. As the meafure of oppofing Ads of 
 the Legillature by open and avowed force, 
 originated in Malfachufetts, it was now the 
 moft forward in preparations for war. The 
 public treafury was feized, and the monies 
 appropriated j magazines of war were provided, 
 and arms and ammunition were procured j and 
 an army of minute men was raifed and dif- 
 ciplined for immediate a<5lion. The Courts of 
 Juftice were fliut up by force, with every cir- 
 cumftance of outrage and infult ; and all who 
 had fhewn any inclination to execute the law, 
 were obliged to feek for refuge with the army 
 in Bofton. > - ; 
 
 The Parliament having in the beginning of 
 1775, maturely confidered Colonial affairs, 
 the two Houfes, ** Sy a majority that will redeem 
 *' allASls ever done by majorities^'' refolved, that a 
 part of the King's fubjeds in the MafTachufetts- 
 Bay,have proceeded fo far to refill the authority 
 of the Supreme Legiflature, that a rebellion ac- 
 tually cxifts within the Province. With a view 
 toprevent the rebellion fromfpreading itfclf ovcl 
 the other Colonies, the Iloufe of Commons, 
 though they had not been petitioned by the 
 Congrefs, foon after, by their refolution of 
 20th February 1775, transferred to the Colo- 
 nifts the right of taxation, the original and 
 principal caufe of all their grievances. Tl:e 
 great plan of the campaign of 1775, if it de- 
 ferves the name, was here plainly marked. To 
 remove all pretence of infuiredion, a great 
 
 I im^- 
 
!l 
 
 ( 58 ) 
 
 important ronccfllon, relative to the ca".r'' of 
 Coloni.il difcontents, was made by authority 
 of Parliament to all ; and if this proved in- 
 efFcftual, the rebellion then exifting in the 
 MafTachufetts was to be fupprefTed by force. 
 And if this plan of operations has not met with 
 all the fuccefs which its wifdom and modera- 
 tion merited, it is owing to intermediate 
 change of circumilances in the Colonies, to 
 accident and to intrigues, which could neither 
 be forefeen or prevented. 
 
 ' The temper with which this propofition of 
 conciliation was received in the Colonies, and 
 the difdain with which it was rejeded by them, 
 have been mentioned, and need not be repeat- 
 ed. A meal'ure intended to prevent acivi^ war, 
 was unfortunately the more immediate and ac- 
 cidental caufe of its adtual exiftence. Great mi- 
 litary magazines having been prepared inMaf- 
 flichufetts in the winter, the General thought it 
 prudent to endeavour to fecure or deftroy that, 
 without which a war could neither be com- 
 menced or carried on j and the fkirmilTi at 
 Lexington was the refult. Accident had now 
 furnifhed the leaders of Infurredlion with a 
 pretext, for which they had long waited with 
 anxiety ; and the army which they had for fome 
 time embodied, and trained, was now brought 
 forth into a<^tion. They feized on tliat which 
 Commanded Eofton and its harbour, and pru- 
 deftcc and felf-defence required it iliould be 
 
 immediately 
 
 % ^ 
 
 '■*<.;*- 
 
( S9 ) 
 
 immediately regained; and the affair of Bunker's 
 Hill enfued. The army, dcligncd to contnd 
 with the unprepared {irtngih. of'Maflachurctts, 
 was found little able to cope with the united 
 and prepared forces of all the Colonies ; and to 
 ftrengthen the army, almoft all the troops in 
 America were ordered to Jofton. Ticonde- 
 rago and Crown-Point, guarded only by a few 
 men for the police, before they had heard of 
 a war, were furprized and conquered. Hav- 
 ing fecured the King's Sloop on the Cham- 
 plain, they opened a way into Canada. Hav- 
 ing a General almoft without an army to con- 
 tend with, they over-ran nearly all that Pro- 
 vince i but with a few failors and recruits, he 
 defended Quebec againfl their moft ftrenu- 
 ous efforts. There being only thirty-five men 
 in garrifon at Hallifax, they invaded part of 
 Nova Scotia ; and there being only a company 
 of invalids at St. Augurtine, they threatened 
 Eall: Florida. The whole prepared ftrength of 
 the Colonies blockaded five thoufand men in 
 Bofton. There being no where any army to 
 oppofe them, they were univerfally fuccefsful : 
 And thus ended the campaip;n, ** the fuperio- 
 ** rity of 'which" you tell us, " rejled wholly 
 ** with the Cclonijh*." >., -ii^^!::'^ ( ^i 
 
 ;. .'^-^v. 
 
 J* "3. 
 
 '1? ^V;-l}^i, i:**.V'i;?v 
 
 ■ > r: 
 
 fj The Colonies having rejected with fcorn the 
 terms of conciliation propofed to them by au- 
 
 /•!^fi 
 
 
 thority 
 
( 6o ) 
 
 thority of Parliament ; and not fatisficd to adt 
 on tlie defenfive, having invaded the Provinces 
 of the Empire j it became abfolutely neceflury 
 to carry on the war with effedl: and earneftnefs. 
 To condudt the operations of war, a new Se- 
 cretary for the Colonies, of acknowledged mi- 
 litary talents, was appointed in November 
 1775. An army, however, was not only to 
 be colled:ed, but tranfported to the fcene of 
 ad:ion three thoufand miles. Vigour, dircd;ed 
 by Prudence, will generally overcome every 
 difficulty. A new corps was immediately raif- 
 cd in the North, whofe utility experience has 
 dcmonilrated ; and a large army of foreign ve- 
 terans were inftantly taken into the pay of this 
 Country. A larger fleet and army were fent 
 early in the fpring to America, than any na- 
 tion before had ever tranfported fo far ; and 
 far greater than any other State could have 
 fent. A reinforcen:;ent was, fent through the 
 ice to Quebec ; and the Can:"^ ''an army had 
 no fooner arrived, than its invaders iuimHi- 
 ately difappeared. During the winter, St. 
 Auguftine was not only put in a ftate of fecu- 
 rity," but Florida was enabled to invade thofe 
 who had threatened her. Hallifax was garri- 
 foned, and pefedly fecured. When the main 
 army gathered round General Howe at New 
 York in Auguft, what oppofition, we pray 
 you, was made to his power ? The works on 
 Long-Ifland, which had been conftrudled with 
 Co much labour, were no fooner attacked than 
 
 deferted ; 
 
( 6. ) 
 
 dcfcrtedj New York, fortified at fo great aw 
 cxpence, was inftantly Turrciidered j the works 
 at King's-Bridgc, laid to be impregnable, were 
 cvacuacd; and whichfoever way he bent his 
 courfc, the enemy, without a fingle effort, 
 retired We perfectly approve of your cenfure 
 of thoic who have charadtcrized the vColonies 
 as cowards. Every national reflection is un- 
 worthy of the virtuous and wife. We approve 
 not even of your fpeaking contemptuoufly of 
 ** German boors and vaffals ;" but we may 
 fafely aflbrt, that the Colonial Generals have 
 not difplayci the talents of Turcnnc or Saxe, 
 nor their foldiers exhibited the never-failing 
 fpiri^ and vigour of Britilh grenadiers. 
 
 •\ Unlefe all our information is wrong, w8 
 think nothing, but the appearance of winter to 
 their aid, could have prevented a total over- 
 throw of Coii^'reflional Power at the conclu- 
 iion of the liifl: campaign. We have reafon ta 
 entertain the ftrongeft hope, that the time is 
 not now far diftant, when the Congrefs will 
 ceafe to exift ; when the Colonifts, freed from 
 their delufion, will at laft perceive, that the 
 power of Old England, notwithftanding the 
 mifrcprefentations of the defigning, or the mif- 
 conceptions of the ignorant, is ftill as able to 
 chaflife the refradory, as fhe has been always 
 willing to grant every rational redrefs to the 
 peaceful ; and when, being convinced of this 
 truth, they will in all fobernefs reaflume the 
 
 character 
 
 ^ 
 
I! :>:', 
 
 m 
 
 
 ■Ct>- 
 
 :iin 
 
 n 
 
 ( 62 ) 
 
 charader of fubjeits under the milJsft Govefn- 
 ment upon earth. ,..„. ,., „ , ,., ...<-, / 
 
 It would give us the grcateft fatisfadlion to 
 fee a free government, and to " any other" 
 you aifure us, *' the people of America are wholly 
 " averfe," eftablifhed in that country. We 
 \/efe of opinion, that to be a fubjedt of the 
 Eritifh Crown, was to enjoy the mofl: perfedTt 
 freedom of which man in a ftatc of Society 
 is capable. You alTure us, however, that a 
 FREE GOVERNMENT ** ts wbat the People think 
 " fo *." But, alas ! while the American party, 
 whicli you avow andjuftify, continue to in- 
 vent falfehcods, to millead and inflame, and 
 encourages refiftance to the Ads of the Legi- 
 flature, which they declare to be no Parlia- 
 ment, becaufe " demands which are made with- 
 " GUT AUTHORITY, Ought to be heard vf IT H- 
 *' OUT OBEDIENCE;" wc almoft dcfpair of 
 ever feeing -uch a free Government created in 
 the Colonies " as the People will think fo" ,/c 
 are net, however, altogethei' without hope, 
 that the eyes of the Coionifts will at length be 
 < pened to their own true happinefs and inte- 
 reft, and will no longer con fider their cause 
 
 AS ONE, or THEIR ENEMIES THE SAME, 
 
 with interefted Party j thit they will fee how 
 much ^.hey have been abufed by defignirig men ; 
 that they will be of opinion, that the Govern- 
 
 Vii- 
 
 . . _* Page S3. ^,,;., ....,, J 
 
 ment 
 
 Hi 
 
( 63 ) 
 
 ment of this Country, which, before this Party- 
 exifted, and Diftruft was awakened, they 
 thought the mildeft and moft free of any, ne- 
 ver had any intention to opprefs or aggrieve 
 them; and that hereafter, if grievances arife 
 from the operation of laws made by a Legifla- 
 ture not abfolutely perfect, redrefs may be had 
 \yithout a/Tociation or infurred:ion. «Vr' v 
 
 , Whetiier the whole Empire has reafon to 
 remember, with eternal gratitude, the wifdom 
 of that man who formed the plan of paci- 
 fication of 1 766, we think may be very well 
 doubted. If the repeal of the Stamp Adt is 
 the genuine caufe^of the prefcnt unnatural con- 
 tention, we think little gratitude is due to 
 him, either from the Colonies or Britain. Men 
 of fenfe and information, who had feen the 
 fubfequent difcontents which almoft immedi- 
 ately broke out after its repeal, and the outra- 
 geous oppolitioii which the Colonifts have 
 jBade to every other Ad: of Parliament refpedT:- 
 ing the Colonifts fince that asra, conlider that 
 important mcafure as the remote caufe of the 
 prefcnt unhappy contentions ; and the public 
 voice feems to confirm the truth and propriety 
 of their opinions. At that time, there was no 
 danger of " rujhing headlong into all the cala- 
 *♦ mtties of civil ivar." However vehement 
 their oppofition, no man in the Colonies then 
 thought or talked of refifting Atts of Parlia- 
 ment by open infurrci^ion. There is a very 
 
 remarkable 
 
 I 
 
 r'll 
 
hi 
 
 lb 
 
 
 BA ! 
 
 remarkable difTei'ence in the publications and' 
 fentiments of thofe days, from thefe of late* 
 and prefent times. Colonial Printers were' 
 then as fearful in publi{hing doctrines which' 
 militated only againft the right oiinterncel tax- 
 atkn^ as they have been forward of late to 
 print declarations againft the authority of Par- 
 liament, in -evtry cafe icbatjoei^er. The diffi- 
 dence, timidity, and apprehenfion of punifh- 
 ment of thofe time?, form a perfedt contraft 
 to the forwardnefs, boldnefs, and contempt of 
 pardon, which have marked their late pro- 
 ceedings. It was their fuccefsful oppofition 
 to former laws, without punifliment or repre- 
 henfion ; the opinion of their own encreafe of 
 power and confequence, and the decreafe of 
 both in this Country, which were conftantly 
 inculcated on them j and the intrigues of de- 
 figning men in both countries, who encou- 
 raged their reiiftance, with the hope of gaining 
 from confufion, that ever induced even th& 
 moft confident Colonift to think of commen- 
 cing a war with this Country. Even when ther 
 prefent oppofition commenced, their principal" 
 reliance for fucccfs, v^as on their commercial 
 regulations, which they carried into execution 
 with the greateft rigour, and by which 
 they hoped to diftrefs the trade, and ruin thd 
 manufadures of this Country, and thereby to 
 procure a change of men, or a repeal ofiawc*; 
 The great body of the People would have bectll 
 blocked beyond conception, if a v/ar had beeii 
 
 »»!»-» Jt*,ifc^ .- i. 
 
 even 
 
 » r 
 
^ 
 
 
 even hinted to them ; it was by imperceptible - 
 degrees, and a thouland arts, that they were at 
 laft brought to approve of that meafure. The 
 difturbances created by the Stamp Adl, how- 
 ever violent, were nothing more than what 
 this and every Country have experienced from 
 limilar caufes, and might have been eafily 
 quieted before they attained to any dangerous 
 height; aod the Ad:, with a little perfeverance 
 and patience, would have executed itlelf. And ' 
 if the repeal of the Stamp Adl has contributed 
 fo much, as for thefe reafons we think it has, 
 to produce the prefent war, we can hardly fe- 
 licitate you on *' your having the happincfs to 
 ** give your Jirji vote for that pacification *." 
 
 We cannot poflibly agree with you, when ■ 
 you fay, •* our unlimited declaration of Lcgif- 
 *' lative authority produced not a fingle mur^- 
 *• mur '\" The Colonial rejoicings, on 
 account of the repeal, were merely tem- 
 porary. As foon as they had time for re- 
 colledtion, they inftantly began to view the 
 expreffions, but, above all, the principle of 
 your Declaratory Act, with great jeaioufy. Far 
 from being gratified by your kindnefs, when 
 accompanied with this unlimited Declaration 
 of Legillative authority, that it was with the 
 greateft difficulty thofe who had faftered from 
 the violence of Oppofition, though recom- 
 
 * Page 62. 
 
 .; 'Ki' 
 
 K 
 
 t Page 63. 
 
 mended 
 
 ^'^' 
 
-I •I 
 
 ■t 
 
 »l 
 
 ■? ■)! 
 
 .( 65 ) 
 
 mended by their favourite Miniftry, the re- 
 pealers of the obnoxious -^ift, could be liftened 
 to ; and though fome rocured redrefs, yet 
 others were totally negbcced. The MaflachuTi 
 fetts Aifembly, notwithflanding the endeavours 
 of the Governor, would pay no kind of regard 
 to the meafures recommended to them. And 
 the Addrefs *, which they prefented on that 
 occafion to the Governor, is remarkable for 
 that morofenefs and fullennefs charadteriftic of 
 the People. '-,.\j.^,':. .,,■. :■ ;^';^%? ■«•-■■'.•■• i ^f'^ 
 
 This Declaratory Bill, we admit, as it took 
 nothing from them, demanded no recognition 
 of Parliamentary Power, and was nothing 
 more than the mere inefficacious Declaration 
 of a power which, you had fo lately (hewn 
 you wanted the fpirit to enforce, was not im- 
 mediately oppofed : But no f'^oner was an Ad: 
 of Parliament pafTed conformable to its prin- 
 ciple, than not only a ^rtgle murmur, but a 
 thoufand inftantly broke forth. Your friend, 
 the Pennfylvania Farmer, wTote againft it y 
 and endeavoured to ihew, that it was worfe in 
 principle, and more dangercns in its eifedts, 
 than even the Stamp A&:. If the Congrefs 
 realjy are what you have aiTered them to be, the 
 jull: and equal reprefentative of the Thirteen 
 Colonies, their Declaration mule contai'n the 
 united fentiments of the whole. The Decla-' 
 ration of the Congrefs, Jcttiiig forth the Caujes 
 
 * Annual Rc^ifter, vol. IX. p. 176-179. 
 
 ■v'^^ ' - ' ■-• '-' ■ and 
 
 ■'>*.J- 
 
( 
 
 67 
 
 ) 
 
 .» K 
 
 *( 
 
 it 
 
 cc 
 
 (( 
 
 anci necejlity of their taking up arm^^ after ftating 
 their grievances at length, exclaims, — " But 
 why Jijould ive enumerate cur injuries in detail? 
 By one Statute it is declaraly that Parliament 
 ciFn of 7'ight make laws to bind us in all cafes 
 whatfoever. What is to defend us againjl fo 
 enormous ^ fo unlimited a power * F" And they 
 go on to alfirm, that the Declaratory A«5l con- 
 tains •* all the grievances of which they complain." 
 With what propriety, therefore, it can be af- 
 firmed, that this Jaw did not produce a fngk 
 murmur in the Colonies, we cannot poflibly 
 comprehend. And it appears moft plain to 
 us, if we can believe the Congrels themfelves, 
 that they are now adlaally fighting againftyour 
 Declaratory Ad:. 
 
 .tu ••.* 
 
 You affure us, however, that after the repeal 
 of the Stamp Ad:, the Colonies ^^ fell into their 
 ** ancient State of uJifufpeBing confidence in the 
 ** Mother Country -I*." But all our informa- 
 tion agrees, that from the hour of the repeal, 
 the Colonies have not enjoyed one day of 
 perfed quiet and peace ; and a diflrufl went 
 forth, which no fett of men have hitherto found 
 talents to allay. Mr. Townfend's Ad, pafTed 
 in the lubfequcnt year, occafioned the fame 
 uneafinefs, and was oppofed in a fimilar 
 manner. The Aflembly of New York thought 
 themfelves aggrieved by the operation of an 
 
 J * Vide their Declaration. 
 
 K 2 
 
 t Pjtge 61. 
 
 1 ' 
 
 Ad 
 
', 
 
 '( 
 
 y; 
 
 ': \ 
 
 ( 68 .) 
 
 Adl parted the feffion of the repeal of the 
 Stamp Ad:-, and early in 1767, they prcfented 
 a Petition to Parliament, in which, after ac- 
 knowledgirjg their gratitude for the tender 
 regard Ihewn in the laflSeflion for their happi- 
 ncfs ; yet " the coaimercial regulations then enadiedy 
 ** ifijUad of remedying^ bad emrcafed the heavy 
 ** bur than under which the Colany already la^- 
 ** boured * ." The commercial resulations, of 
 which they complained, were enadted during 
 the Seifion in which you gave your firft votes i 
 and you muft perceive how difficult it is to 
 give fatisfadlion to a people, after diftruft has 
 gone forth among them. And that they had 
 not fallen back into their ancient ftate of un- 
 fufpeSiing confidence^ this proceeding of the New 
 York AfTembly feems to us the moll unequi- 
 vocal proof. 
 
 We are happy to agree in opinion with you, 
 that at the ara of the Stamp Adl:, when you 
 firft came into public trujfl -f, the Parliament 
 was found in polfeflion of an unlimited legif- 
 lative power over the Colonies. We ** could 
 
 not open the Statute-book without feeing the 
 * a£lual exercife of it more or lefs, in all cajes 
 
 whatfoever J." By the Statute of Anne, inter^ 
 nal duties had been levied, for the portage of 
 letters ; which were exprefsly appropriated for 
 the carrying on the war. By the feveral 
 
 <c 
 
 «( 
 
 * Com. Jour. vol. xxxi. p. 160. t_ P^gc 46. % I^id. 
 
 Statutes 
 

 f 69 ) 
 
 Statutes of Charles II. of William III. of 
 Georgcl. and George II. external duties, from 
 their imports and exhorts, had been colledled by 
 the fame Otticers of the Cuftoms, as in Eng- 
 land j and appropriated, as other duties, for 
 defraying the public cxpence. The Statute of 
 William III. had exprefsly repealed their laws, 
 bye-laws, ulagL-s and culloms. The Statute, 
 George II. had abrogated fo much of their 
 common law, as required evidence of a parti- 
 cular kind in their Courts of Juftice ; and for 
 the convenience of the merchants of England, 
 had introduced a different rule. By the statute 
 George II. all the privileges of natural born 
 fubjedls had been conferred on aliens, and on 
 Jews, in the Colonies. The Ad of William 
 III. had prohibited Proprietors of Provinces 
 from difpofnig of their rights to foreigners. An 
 A6t of Charles 11. had declared who lliall not 
 ad: as fadtors, or merchants in the Colonies j 
 and an Ad of George II. had declared who 
 {hall not ad as apprentices in them. By the 
 Statute of George II. their Aflembles had been 
 reftrained in an important right of a moft de- 
 licate kind, that of raifing money by ifTuing 
 paper bills. The Colonifts had been prohi- 
 bited from trading with foreign nations ; and 
 aliens were prevented from trading with them, 
 by the Ads of Navigation. Their internal 
 commerce had been regulated by the Statutes 
 of William III. and George II. which prohi- 
 bited the carrying their manufadures from one 
 
 Colony 
 
 \ ':. 
 
 ! >: 
 
; 
 
 r^ 
 
 ( 70 ) 
 
 Colony to another by land. The Statute of 
 Georire II. had rcrjulated the manufadlures of 
 ' hats and iron ; and the Statutes ot George If. 
 had authorized the tranlporting felons to the 
 Colonies; and the rights of their purchafcrs were 
 held and fecuied by thefe laws. Thofe feveral 
 laws had been made ; and by them the Colo- 
 nies had been governed without oppolition or 
 complaint. Under them they were happy and 
 free ; and the authority of Parliament to ma^ce 
 thofe had never been queftioned or denied, 
 antecedent to the present reign ^ 
 
 ■j\ ;; 
 
 U.i Ji 
 
 iir. 
 
 This unlimited legiflative power over the 
 Colonies, was not only exercifed by Parliament 
 in all cafes, and acquiefced in by the Colonies 
 before the prefent reign, but the conftitu- 
 tional right to exercife this unlimited power, 
 had been at various times declared by the Courts 
 in Weftminfter-Hall, and afferted by lawyers 
 the mofl celebrated for their legal knowledge, 
 and for their attachment to the Conftitution. 
 Antecedent to the asra of the ReAoration, the 
 Colonies had hardly been objecfts of public 
 attention, or of judicial difcuffjon. But in 
 the reign of Charles II. the Courts in Wefl:- 
 minfter-Hall began to take notice of them ; 
 they confidered them as on a footing with 
 the various other fubordinate dependent terri- 
 tories of the Crown, and from time to time 
 declared them, when for that purpofe named, 
 bound by Ads of Parliament, as the Supreme 
 
 Le^iljaturc 
 
 f 
 
V 
 
 ( 7' ) 
 
 Legiflature of the Empire *. In the reigns- 
 of William III. anJ Anne, the fame dodtrines 
 were delivered ; and even that illuftrious 
 WHIG and Chief Jufike Holt held the fame 
 language at, and after the Revolption -[-. 
 And in the two fubfequent reigns the fame 
 opinions prevailed J. During the reign of 
 Anne, thofe celebrated lawyers Northey and 
 Raymond approved of an AtH: of Parliament 
 for thecxprefs purpofe of levying taxes, internal 
 and external^ on the Province of New York. 
 A copy of the Bill, v/ith their names annexed, 
 has been publiHied || , and clearly fhevvs the 
 opinion of the greatcli; flatefmen and lawyers 
 of thofe times. In 1722, thofe great men. 
 Sir Clement Wearg and Sir Philip Yorke held 
 the fame language, and indeed took it for grant- 
 ed as a thing indifputable, that the Colonics, 
 as Britifli fubjcdls, might of right be taxed by 
 Parliament. And la ft, though not leail:, the 
 ** people s laivyer" Lord Camden, who was 
 Attorney General in the late reign, has given 
 his opinion againil that exclufive power of 
 taxing themfelves, now claimed by the Colo- 
 nies : He alTerted that '* the conjlitution of the 
 Britijh Iloufe of Commons a?id an Amairicim' 
 Afjcmbly differ fundamentally in many rejpeSis ; 
 *' and that the latter jiever icill be allowed to 
 *' affiime thofe privileges which the Houje of Ccm- 
 
 * Vaughan's Rep. 278. -•--9. Freeman's Rep. 175. 
 t Mod, Kcp. vol. iv. p. 225. X Williams's Rep. vol. u. 
 P'75' 11 R-evicw of American Controverfy, igo. 
 
 V . - ■ " mem 
 
 «c 
 
 «( 
 
 ! i' 
 
 - 
 
 i*'^tw»ft'^' '■-•• n^OGI'v 
 

 f 
 
 ( 72 ) 
 
 " Wf?;?^ <7r<? .;wy?/|' e}2titled to bctr, upon principles 
 that mitber can nor miiji be applied to the 
 \'mblies of the Colcnie:^'' ^ > , ,: ;>..;. 
 
 .ll\f.f!l,. 
 
 The poflefiion of this right had been long, 
 uninterrupted, and continued, from the fettle- 
 ment of the Colonies to the prefent reign. 
 Upon a limilar principle ftands the legal pre- 
 rogat've of the Crown, the acknowledged 
 privileges of both Houfes of Parliament, and 
 the moH indubitable rights of the Legiflature. 
 Upon this, or a fimilar principle, have the 
 glorious Revolution and the prefent eftablifh- 
 nient been defended and fiipported. This pof- 
 fefTion pafTed with you for a title. It does fo, 
 in all human affairs. But tlie title was dif- 
 puted, the right was called in queftion : And 
 how did the great man of mediatorial fpirit 
 and talent i^ who v/as intruded with the care 
 and management of this fair inheritance, ad: ? 
 He gave up the pofl'eiTion ; he transferred the • 
 point in controverfy ; and then declared he flill ', 
 poffefTed the right. In the human affairs of 
 common life, the man who being in poiTeffion 
 of a parental eftate, gave it up to a litigious 
 claimant under a proteft, declaring, that tho' 
 he had furrendered the polTefTion, he continued ». 
 to claim the right, would juftly be confidered 
 as an object for a commiflion of lunacy. And 
 yet a fmular condudt has been celebrated as a 
 neccffary concejjion of Parliament ^ in which its 
 authority has been prefervetly and its honour re- 
 ,., c "^ '. fpcSlcd, 
 

 { 13 ) 
 
 fpeSied. In common life, to give up tamely 
 -one difputed right, is to provoke other claims. 
 No fooner had Parliament furrendered one 
 right, than new claims were made with ftill 
 greater confidence, and profecuted with more 
 vehemence and vigour. And thus, by pur- 
 fuine a fimilar condud: with that of the repeal 
 of the Stamp Adl, every right of the legifla- 
 ture" and the nation may be given away with 
 equal facility. Greater talents are required to 
 defend fuccefsfully a right vigoroufly attacked, 
 than to furrender it with con defcen lion, and 
 without difficulty. 
 
 We are very thankful for your opinion on 
 the prefent ftate of public affairs ; and altho' 
 it be lengthy and elaborate, we are not entirely 
 certain, fuch is our want of comprehenfion, 
 that wea Iways undcrftand the fcope of your rea- 
 fonings, or fee the full extent of your opinions. 
 We mean briefly to review fome of them; 
 and if we do you wrong from mifconception, 
 for it {hall not be from the malignity of bad 
 intention, we know your goodncfs will pardon 
 us, or your great talents will be employed to 
 fet us right. • "■ ^ - - .' . • 
 
 That you think *' our affairs are t?i a had 
 ** condition" is moft apparent ; but we recoiled: 
 not, that you have any v/here precifely told us, 
 how they are to be mended. That the way is 
 dark and intricate, and full of treacherous 
 • • • L mazes, 
 
( 74 ) 
 
 mazes, we arc very explicitly informed; but 
 you refer us for alTiftance to thofe who think 
 they have the clue to lead us out of this 
 labyrinth. And in this time of difficulty and 
 danger, we arc unhappy to hear, that you are 
 unable to lend a helping-hand to thofe who direSt 
 the State, We ought not, however, to dcfpair 
 of the Commonwealth. If you had propofed 
 fome clear, and accurate, practical mcafure 
 of relief, the prefent ftatc of things con- 
 fidered, it would have given us the greatefl 
 fatisfadion ; how the prefent war might have 
 been ended, with honour and advantage to Old 
 England, and fecurity, peace, and freedom to 
 the Colonies. 
 
 
 - On the fubjcift of Colonial affairs, one opi- 
 nion, we think, you decided in; That when you 
 iirft came into public truft, the Parliament had 
 a right to make laws for the Colonies in all 
 cafes whatfoever ; you found them in poflefllon 
 of this right, which you confidered as a title ; 
 you thought that a legiflative authority, not 
 adlually limited, could not be parcelled out, 
 fo as to enable us to affirm, that nere they can, 
 and there they cannot bind; and you could 
 
 NOT SEE HOW ONE POWER COULD BE GIVEN 
 UP, X/ITHOUT GIVING UP THE REST. And 
 
 the whole of this authority, as you found it 
 perfc<5t and entire, you wifhed to keep fo. - 
 
 This title was queftioned, this authority 
 
 denied, and this right impugned. What 
 
 I kind 
 
( 75 ) 
 
 kind of conduft did you hold ? You repealed 
 tlie Stamp Atfl ; and made the Declaratory 
 Law. If the Colonies had objected againll 
 the obnoxious tax on principles of expediency, 
 on grounds of mere commercial inconvenicncy, 
 the law might have been amended j the grie- 
 vous provifions of it, if there any were, might 
 have been mollified -, and even the law itlelf 
 repealed, without danger. But the Colonies 
 objedled to the principle of the Eili, as un- 
 conftitutional ; they denied the authority of 
 Parliament to tax them. To repeal the law 
 totally, unconditionally, and without recogni- 
 tion of any power of Parliament on their part, 
 was therefore to transfer the right. But the 
 Declaratory Law was palled. It declared in- 
 deed the legiflative authority, and nothing 
 more. No recognition of the powers de- 
 clared, or indeed of any other, was required 
 of any; no means of enforcing it was pre- 
 fcribed; nor were any re-fciiion of the Colonial 
 refolves, denying the right in the flrongeft 
 terms, required of them. You relinquiihed 
 the poiTeffion to the litigious claimant, and 
 declared you had never thelefs the right j you 
 furrendered the purfe, and afterwards infifted, 
 that you might claim it when you pleafed. 
 And it may fafely be affirmed, for the reafons 
 already fubmitted to your judgment, — that 
 you gave up the thimg, and preferved thk 
 NAME, and tninsferred the property in debate, 
 while you retained the lawfuit. 
 
 L 2 Whether, 
 
il' 
 
 ( 76 ) 
 
 Whether, fince this famous aera, you have 
 changed your opinions as to the Parliamentary 
 Power or Right, we have not been able to 
 difcover, We incline to think you have 
 fome-how infenfibly changed your opinion, 
 though we have not oblerved the caufe. For, 
 without fuppoinig this, you cannot eafily fup- 
 port your objedtions to any of the laws which 
 have been fin^e enaded, and complained of as 
 grievances. If the ParUament continued to 
 have the right, the mere principle of thofe 
 laws cannot be wrong j and from whence you 
 could deduce a grievance, as you have not 
 explaitied, we cannot pofiibiy comprehend. 
 For their mere operative regulation, abilrafted 
 from their principle, has never, that we have 
 heard of, been complained of as exceliive, or 
 very inconvenient. A free Government, you 
 have told us, " is that which the people think 
 ** foi" it would feem to us, that according to 
 your declared principles, the grievances ariling 
 from thofe laws confilt in this, that ** the 
 people think them Jo, Judging by this rule, it 
 is mo^t difficult to fay, what would not be 
 confidered as grievances. But the quellir.ii is 
 not, why they think them grievances, for they 
 deny the authority of Parliament ; but why 
 you deem them fo, thinking as you do, of the 
 omnlpotejice and ijidhnfibility of Parliamejitary 
 Pov/er, and admitting the validity of the prin- 
 ciple; and yet you inform us, ** 'i hat all the 
 ^ ■ grievances of which they complain, originate- 
 
 <t 
 
 J 
 
 roni 
 
 
( 77 ) 
 
 ** ftoM "Parliament'' If indeed you arc of 
 opinion, which we think moft probable, that 
 the right declared by your law ought never 
 to have been brought out into common ufc, 
 then the poiiit is explained. i.i,,;i ^ 
 
 >/ 
 
 Habits offorenefs, jealoujyy and dijlriifly how- 
 ever, you affure us, have introduced a dijferent 
 Jiate of things^ which require a different con- 
 duct ; and now the entirenefs of the legifla- 
 tive power of Parliament is to be mutilated, 
 and even the whole right cf taxation is to be 
 cut off. But how will this ftand with your 
 former principle, that " you cannot fee how ofie 
 ** power can be given upy ^without giving up all 
 ** the rejif" To every objedion, however, 
 one anfwer is ready j — '* any thing rather than 
 ** a fruitlefsy hopekfsy unnatural civil -war." 
 That it is a moft unnatural war on their fide, 
 we admit j for according to ycur own princi- 
 ples, properly uiiderftood, they have not been 
 aggrieved, and they have rejected every mode 
 of treaty and conciliation. That jt is a hope- 
 lefs war we deny ; for the war would have 
 ended laft campaign, but for the interpoii- 
 tion of winter's feverities j the King's army is 
 augmented in a greater proportion, than that 
 of the Congrels has diminiilKd; and now, 
 with every preparation, they have the whole 
 Summer before them. That it will be a 
 fruitlefs war, we cannot poiribly conceive ; un- 
 lefs we fuppofe an improbability that thofe in 
 
 power, 
 
4 
 
 .»^^, 
 
 
 ( 78 ) 
 
 power, with example and experience before 
 them, will adl a limilar part with the repeal- 
 ers of the Stam p-Adl ; declare that the war is 
 over, when it really exifts, and give us the 
 namey when the thing actually remains. The 
 blefllngs of peace are the fruits of the cala- 
 mities of war. What all the V/orld, your- 
 fclf only excepted, will call a free Govern- 
 tnenty we hope to fee eftabliflied in the Colo- 
 nies, as one of the fruits of the war.— 
 We wifli for fecurity to our commerce, an 
 eafy mode for the recovery of our debts, by 
 the regulation of their courts of juftice ; and' 
 the great caufe of the war fettled upon a 
 permanent footing, by giving the Colonift.s 
 content on the article of taxation ; which 
 was left undone at the repeal of the Stamp- 
 Ad. -^ . ■ ■ - ^..■■> ,..,•...- 
 
 u 
 
 ** Toit prefer independency without a war, 
 to independency with it." We freely confefs, 
 we prefer independency without a war, to the 
 State of the Colonies fubfequent to the re- 
 peal of the Stamp-A<5l. For your principle 
 is right — that more is to be expeded from her 
 in this State than a nominal dependence, 
 accompanied with terrer, difgujiy and abhorrence. 
 Bodies tied together by mutual hatred, are "nly 
 connciled to their ruin. — Principles nioft: hap- 
 pily illuftrated by the whole tenor of Colo- 
 nial Hiftory, fmce the lera of your famous 
 repeal. Whatever may become of th • pro- 
 blem 
 
 'ill 
 
IBWBBWiy. 
 
 ( n ) 
 
 blem ♦•efpcding independency^ whether it 
 would, .1 not, be for the happinefs and 
 intereft of both Countries ; your mode of 
 pac:Hcation, by mutilating the entirenefs of le- 
 gijlathc power y and cutting off the whole right 
 of taxation, would neceflarily lead to that 
 flate of mutual hatred, which would only 
 connedt both to their ruin .; a ftate of nominal 
 dependence, but real independence, will moft 
 abundantly produce mutual difguft and ab- 
 horrence, and all their attendant evils. If 
 fuch would be the effedls of your mode of 
 pacification, it is little worth enquiry, whe- 
 ther it would produce peace if it was adopted ? 
 Judging from experience, we think no fuccefs 
 would have attended it, when propofed ; fince 
 nothing but independence, in the late ftate 
 of delufion, would have given them fatisfac- 
 tion ', and they have fcornfully rejeded every 
 application for treaty or conciliation, that 
 did not admit independence as its firft prin- 
 ciple. . ''•:]■> ^ • ■ ■ : - " .',,.-.". •- ,' 
 
 Not fatisfied with your O'wn mode of pacific 
 cation, you would have parted with more, if 
 more bad been neceffary. The principle of 
 giving up, feems a very favourite policy of 
 yours : But fmall are thj talents which are 
 neceffary to execute this plan of Government. 
 Perhaps all our prefent contentions arife from 
 it. When the Colonifts are taught to believe, 
 that Free Governnunt confids in what the 
 
 people 
 
 U 
 
 I 
 
 h 
 
i 
 
 V 
 
 
 ( 80 ) 
 
 people think Jo i when an American party, not 
 very remarkable for fcrupulofity, fliali con- 
 tinue to invent falfhoods, to promote diftrac- 
 tion, and be ever ready, on every new oc- 
 caiion, to expofe the black fide of things -, 
 who can poflibly tell, what will be the ex- 
 tent of the demands of the Colonifts, or 
 where the policy of giving up would end ? 
 How much more open, candid and honour- 
 able, would it be in the American party, in- 
 ftead of conciliatory motions, which for fome 
 years have only tended to inflame difcontent, 
 and promote diftrufl, at once to adopt the 
 celebrated policy of a very refpedtable Dean, 
 and boldly move for the independence of the 
 Colonies. This would bring matters to that 
 point diredlly, which your mode of pacifica- 
 tion, by giving up, as demand is made, tends, 
 though mediately, to reduce them to, after 
 enduring all the intermediate evilc. Thus, 
 the knot, which no fett of men have hitherto 
 been capable to untie, would at once be cut 
 afunder, and the Colonies would inftantly 
 be put into that fituation of independence 
 as the Dutch, who, you gravely alTure us, 
 were once dependent on England. 
 
 To fupport their own eflablifhments in 
 peace, and to contribute fomething to the 
 general defence in war, was the only thing 
 ever expedled of the Colonies by any rational 
 man. This was propofed to them by Mr. 
 
 Grenville, 
 
us. 
 
 . ( 8- ) 
 
 Greriville, and refufed ; the fame thing, more 
 accurately exprefled, and more clearly defined, 
 was offered to them by authority of Parlia- 
 ment, and rejected. We expeded not to have 
 our own burthens relieved by their fubjec- 
 tions ', and we confider not ** t/jis as the pre- 
 ** text of the war." If they had in all quiet-' 
 hefs allowed the Tea Adt to operate, where 
 would have been the great injury to them, or 
 benefit to us ? There wanted not precedents 
 enough before j and the danger of evil prjce- 
 dent was therefore a mere groundlefs pre- 
 tence, and our burthens would have been 
 litrle lefifened by the produce c^ its revenue. 
 Ihe Parliament would probably have repeal- 
 ed the law; bat they were hampered with 
 your principle, which of late feems, however, 
 to have given you little diilurbance j thev 
 
 COULD NOT SEE HOW ANY ONE POWER COULD 
 BE GIVEN UP, WITHOUT GIVING UP THE 
 
 REST. The Colonifls being encouraged 
 TO go on, pcrfcvercd in their oppofition. 
 Their commercial 'vgulations, when checked 
 by the late AcKs ot Pa;)iametit, recoiled upon 
 themfelves, and were found utterly ineffec- 
 tual ; ;md tHcv had rccoLirfe at length to 
 JNsuRRKc I ION. To rcducc them to the con- 
 dition of free lubjeds ; to reftore a freedom of 
 commorce ; and to re-eftablidi the juft autho- 
 rity W tjoNcrnmcnt and law, circumilances 
 
 M bein,^ 
 
Mm% 
 
 
 ' \ 
 
 ( 82 ) 
 
 being entirely changed, are now the great 
 pretexts of the war. 
 
 Of the political company you blufh not to 
 have kept for eleven years, little more do we 
 know, than what the news-papers have com-? 
 municated to all ; and the great principle 
 upon which you have conftantly thought and 
 aded, during that period, was not altogether 
 unknown to us. We had perufed, with fatis- 
 fadtion, your " thoughts on the caufe of the 
 *' prejcnt difcontentiy' in which the great po- 
 litical principles of adilion of ** your com- 
 *' fany' are explained at great length, with 
 your wonted ability and addrefs : and the 
 iublhince of the whole being fummod up, 
 fecms to us to amount to this fimple propo- 
 fition, that ** the King of this Country ought to 
 he a man cj Jirms:^ a mere noji-entity ; a^d this 
 free Country ruled by a Party. Without enter- 
 ing at large into the difcuffion of this doiftrine, 
 it IS ruthcient for us to know, that thia is no 
 part of the law of England, and is not among 
 the " principles of the Conjiitution" The 
 lupremc executive power is inverted by our 
 ' laws m a fingle ptrion, to whom is com- 
 mitted, in fubiervier.ce to the law of the land, 
 the care and protediou of the community. 
 And the ki'jgly ofiicc, being a great and 
 important trust for million^:, cannot be dif- 
 charged without cjjicacioui authority, and/w^- 
 
 jiantial 
 
 I " 
 
WJ'M!. ■-'!.'."'',"(?, 
 
 ( 83 ) , 
 
 fiaritiai power. It is the great happinefs of ^ng- 
 lifhmen, that every Subjeft, without any re- 
 gard to family, name, or connedtion, has a 
 right, if in other refpedts qualified, to fill 
 the firft offices in the State. The fons of every 
 merchant and mechanic have the fame equal 
 right to truft and power, as the proiideft' name 
 yo^ mention to us. 
 
 . Without * * accufing all mankind of corruption^' 
 tve may be allowed to aflert, that men in every 
 age, and in every country, placed in fimilar 
 iituations, will ever aft fimilar parts. As we 
 are not permitted by oUr fituation to afTocidte 
 with thofe *' incomparable perfom" you men- 
 tion, we have no opportunity " to fcrutinize 
 ** motives" as a rule of Judgement. We can 
 only have recourfc to the faithful pages of 
 hiftory, written for the inftrudiion of mankind, 
 to find the real motives of adtion of the poli- 
 tician and the ftatefman. What bloodfhed, 
 we befeech you, what diftradlions, what 
 tyranny was introduced into the nation in the 
 laft century, by the pretences of a party to 
 fuperior fandtity and patriotifm ! Yuur patriot 
 heart mult have bled over th6 perufal of the 
 Hiftorvof Charles II.'s reign. Wh t unhappi- 
 nefs you muft have felt at feeing the moil vir- 
 tuous popular charadters intriguing with the 
 natural enemies of Old England; and leaders of 
 
 M 2 parties, 
 
■ \ • 
 
 I • ■ 
 
 I 
 
 ( 84 ) •'«, 
 
 parties, and the great Parliamentary Oratore, 
 deceiving the wages of proftitution from 
 France! And an attentive perufal of the hiftory 
 of the fubfequent reigns, will difcover fimilar 
 intrigues, and fimilar proftitutions. The eyes 
 of this nation are now opened to their own. 
 happinefs. Proteded in their privileges, and 
 fecured in their property, under a juft admi- 
 niftration of the laws, they view the conten- 
 tions of the Great with tranquility, and find 
 themfelves little interefted, whether Titius is 
 IN, or Msevius is out. 
 
 Perfedlly aware that the age is not what we 
 wi(h, we heartily concur with what is beft in 
 our time. With us, we alTure you, liberty is 
 in no danger of being unpopular. But it is 
 the liberty of enjoying, in peace and fecurity, 
 thofe invaluable rights and privileges which 
 were handed down to us under the laws and civil 
 inftitutions of our fathers -, it is the prerogative 
 of being governed by the laws of the land, " the 
 " o/dy cool-headed law of England" and not by 
 party, or by men ; and it is not that which 
 the 'weak may be taught by the defigning, 
 * to think being free" This liberty we are de- 
 termined to poiTefs, and to defend. Out of 
 thofe principles we are refolved to be nei- 
 ther perfuaded, ihamed, or frightened. And 
 you may be afiured, we fhall not be amongft 
 
 the 
 
 ^ ' 
 
 M 
 
( 85 ) 
 
 the firft to renounce the principles of our Fa- 
 thers. 
 
 We have the honour of being, with all 
 poflible confideration, 
 
 
 S I R, 
 
 
 .#.. 
 
 May ao, 
 1777. 
 
 Your moft obliged 
 
 humble Servants, 
 
 ELECTORS of BRISTOL. 
 
f 
 
 v 
 
 
 ■t'ff. . #■( 
 
 ^ / 
 
 I li 
 
 
 '* .'. 
 
 V ^ 
 
 
 if ^ ! 
 
 i i 
 
 -, ' 
 
 \ / 
 
^rtl*^** *'^ '* « '■■W'l 
 
 rmnm^mmmmm 
 
 
 APPENDIX. 
 
 s « k , 
 
 To confirm the rcafonings in the foregoing 
 Anfwer, it hath been thought proper 
 to publifli the following American State- 
 Paper, copied exadtly from the Marylako 
 Records ; 
 
 It is the GENUINE OPINION of LoRD CaM- 
 
 DEN, when Attorney-General*, ai well on the 
 rights of a Cohnial Ajfembly, as on the fuprefK^ 
 authority of '\^, rARLiAMENTj and fhews 
 clearly the "- i of th-^ greateft Statefmen 
 ^nd Lawyers, ^i: Uic late difputed points, juft 
 before the ccmmc'iccncnt of the present Reign. 
 As to the no'ninaiion of Officers by the Lower 
 Houfe : — In my opinii^n, the fole nomination 
 of thofe Commi»3ioners, who are new Officers 
 appointed by this Bill, belongs neither to the 
 Proprietary nor the L iwer Houfe, yfr i jure', 
 bui, like all other regnVitions, muft bt iflent- 
 ed to by both, but can be claimed by neither. 
 The Proprietary's charter intitles him to no- 
 minate all conftituttonal Officers, and all others, 
 which^by the laws are not otherwift ;>rovided 
 for J but I do not conceive my Lord '^as any 
 original right to nominate new Officers, ap- 
 
 * He vVas fotVom 1759 to 1762. 
 
 pointed 
 
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 33 WIST MAIN STRRIT 
 
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 m 
 
 pointed for the execution of a new law, with- 
 out the confent of the two Houfes ; nor, on 
 the other hand, has the Lower Houfe any fuch 
 independent authority; and therefore, I think, 
 the upper Houfe are right in withftanding 
 this claim, in which they might be fupported 
 by the Proprietary ; becaufe it is unreafonable 
 in one branch of the Legiflature to aflume a 
 power of taxing the other by Officers of their 
 fingle appointment. 
 
 ^nAXT^^^-^t^'svi.i iui^ix 
 
 }t>t:.J' ilui.-- 
 
 .i 
 
 As to the infufficiency of the allowance of 
 the Commiffioncrs of the Loan Office : — My 
 Lord fhould not meddle with this queftion, 
 which is proper to be difcuffed, and fettled by 
 the two Houfes, as it concerns the quantum 
 of allowance for the Officers, and does not en- 
 croach upon any of the Proprietary's rights. 
 
 As to the duties required from Lord Balti- 
 more's private Officers, his Agent and Re- 
 ceiver ; — here my Lord ought to interpofe j for 
 it is a great indignity to compel his Lord(hip's 
 Agents into a public fervice, without making 
 them a liberal allowance and corppenfation 
 for their trouble. 
 
 As to that required from the Sheriffs : 
 
 This my Lord will leave to be debated by the 
 two Houfes. 
 
 •*ii 
 
 -i^^ 
 
 U- 
 
 ^r'\V'.(i 
 
 As to the power of the Upper Houfe, to ex- 
 amine claims and accounts ; — The Upper Houfe 
 4 . arc 
 
 'M y> 
 
 
 i ! 
 
mppp 
 
 /^ 
 
 .143 ^ 
 
 > ■ , 
 
 C 3 ) . 
 
 a<?^ riflit ia makiag.a Aand ig this.claufe in 
 4ie $ii4l> and fi>Qi4d take care how they ^^;^;/>r 
 ENCROACHMENT^ of tbts Jutid, wj^jp they arei 
 fupported by arguments drawn from the exercife of 
 TH5 liiKE RIGHTS in the HoifSB <pf Com- 
 
 l^pNfc IiHRE. TH^ CONSTITUTIONS (3/' /^<?, 
 
 TWO Assemblies differ fuiji?amentally 
 
 IN MAI* V RESPECT S. OuR HpUSE OF CoM- 
 ]^NSr JTANl^S U?eN ITS OWN LAW , the Lexi 
 
 farHammfaria } whereas the; Assembli.es m 
 THECOLOfiiiES <?w rggulatedhy their reprejentative, 
 CHAIiTBRs, ufag^s^ an^ the common laws of , 
 Snqlani^^ ap4> vyiU nevi;r be allowed, 
 to assume thofe privileges which the House 
 
 of QoMMOIIS are ENTlTIfED TO JUSTLY * 
 
 HEUE, ijpon principles that neither can,^ 
 
 NOR MVST BE APPLIED tfi the ASSEMBLIES, ^ 
 
 1 -!« >( A 
 
 As fo the narrowneis of the exernption of 
 perfons to be Aflelfors :• — My Lord fcas nothing 
 to do with this. 
 
 •:rj-. 
 
 As to the double tax on Nonjurors : — My 
 Lord would do right to join with the Uppec 
 Houfe in oppofing this double tax -, becaufe i^ 
 is a breach of public faith, and tends to fuhvert 
 the very foundation of the Maryland Conjiitution y 
 ^nd can be excufed by nothing, hut a well- 
 grounded jealoufy of dangerous pf^(^lices, and 
 difafFedion in the Papifts. 
 
 N 
 
 & !; 
 
 'i\ 
 
 ■nvmiVfMmKi-'ir.-'tKefsmr,.. 
 
m 
 
 
 r 
 
 ; ■'K 
 
 A$ to t\it clauie enabling debtors and te*'' 
 iiants to retain :— This is very abfurd j but my 
 Lord need not nseddle with it. ^ ^^^ "^^ .< 
 
 Aito the taf*'iDnl!*Jo'fi-rei$dents afid All- 
 ports :- — The UppirHoufe are clearly right in 
 that part of the obje(ftion which relates to £r/- 
 tijh Merchandize imported ; for I am well fa- 
 tisfied the Mother Country will never endure 
 fuch an Impost upon their trade. The 
 Province may, by the fame rule, prohibit the 
 importation, as well as they may /*a' /i6tf tner* 
 chandize imported ; and it feems to be a very 
 unwarrantable attempt to make the 
 English importer of goods carried to Mary- 
 land, in the way of trade, pay a tax for the de- 
 fence of that Province^ for no other confidera- 
 tion but the liberty of trading there, to which 
 they have an original right, which cannot 
 be invadedy dimimfhedy or even regulated, by any 
 
 thing this Province ever can do. 
 
 
 As to the tax on Tenants for Life : — My 
 Lord will leave this to be fettled by the two 
 
 Houfes. ,.• 
 
 ■- ■ • **- , t'-. * 
 
 As to the tax on uncultivated lands :— Tliis 
 feems to be a very unreafonable tax, and 
 ought to be refifted by the Proprietary; be- 
 caufc it feems principally on his eftate. 
 
 As to the tax on plate and ready money :• 
 My Lord has nothing to do with this. 
 
 As 
 
 . 
 
 :;3*^ 
 
A 
 
 J i' 
 
 ■'. 
 
 
 f* 
 
 * As to the tax on the Governor :— This Is 
 rather an uncivil than unjufl tax; and there- 
 fore the Upper Houfe w^ould do well to oppofe 
 it as far as they may in reafon. 
 
 Having given you my fenfe on eath of the 
 objections, fo far as they have been taken up 
 and maintained by the Upper Houfe in the 
 margin of that part of the Cafe, I ihall only 
 add here a general piece of aixvice to 
 Lord Baltimore -, that in this difpofition of the 
 Lower Houfe to assume to themselves any 
 privilege which the English House of Com- 
 mons ENJOY HERE, his Lordfliip fhould IIe- 
 sisT all attempts where they are unrea- 
 fonablc withfirmnefs, and should never al- 
 low any encroachments to be eftablilhed 
 Oil the weight of that argument Jingly ; for I am 
 fatisfied, neither the Crown nor the 
 Pa.lliament will ever Jujfer thefe AJfem- 
 bites to ered themfelves into the power' and 
 authority of the British House of 
 Commons. 
 
 (Signed) C. PRATT. 
 
 ■ M