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I : t -^ ' ■ § • " ■■ 8 32X 1 2 3 4 * 5 6 REFLECTIONS ON THE ■..^^' RISE, P R O G R E.S S, AND PROBABLE CONSEQ^UENCES, • r*'- ■■^^/ OF TH??: PRESENT CONTENTIONS WITH THE *" i ' ... .^ ■ ■*■_.■ G O L O N i E S^ - < BY A FREEHO;iDER| Cam aliquid clementer, manfuete, jufte, moderafe, fapien- ter fa(5tum, in iracundia prsefertim, quae eft inimica confi- lio^ et in vidoria, qu» natura infolens et fuperba eft, audimus, aut leglmus : quo ftudio incendimur, non modir in geftis rebus, fed etiam in fidis, ut eos faepe, quos nv^^ quam viditnu8> diliganius i 'W Cicero Orat, pro Marc .'jt EDINBURGH: Priotei j» the Ycir M DCC hXXn. . » ■ ., .■ c> # M '1 J' t i - ■ i' C. » I * > - ■ ).■.-.. .- -iV. 026fio9 "^ ■ innio '- :j t r ^Y ^<:. o/r4 A. .»■ % ADVERTISEMENT. /M>/ ■ SEveral late pamphlets, compofed with much art^ and abiltty, and recommended by many of the beauties of language, have painted in black and hateful colours, the claims and conduct of the North Americans • ; and thereby, have not a little inflamed the refcntment of the mother country. The author of this fmall traft, though deeply fen- iible of the inferiority of his talents, yet, confiding in the goodnefs of his caufe, humbly attempts to foften that refentment. He reprefents, from the writings of the Colonics, and of gentlemen who had the beft accefs to know their fentiments, what conceflions might have been procured from them by gentle meafures, and what they complained of in thofe a£ls of parliament, which immediately oc- cafioned their taking up arms. With this view he prepared for the prefs the following Reflexions a- bout a year ago. They would have been publifh- ed the beginning of la(l fefllion of parliament, had it not been prevented by the negligence of one» with whom the manufcript was entrufted. It was not, till after many months, that he recovered the manufcript. Want of leifurc, and very imperfect and doubtful information as to late fa^s and rea^ fonings, have permitted him to make no import- ant addition, unlefs a paragraph occafioned by the pamphlet entitled Common Senfi. Still he flatters himfelf, that this publication, though late, is not unfeafonable. He wifhes to convince his fellow Freeholders^ ♦ Taxathn no Tyranny, The^ Addreft of the Peoph of CreMi Britain /• tlie Inhabitants of America, The Richie of Great Britain ajferud againfi Iht Claims (ff Amf^ -- ' c m I- ( iv ) - iPrccholders, cfpecially fuch of them who have feati in parliament, that, if the fiiccefs of the Bri^ tifh arms, ihall put it in our power, to prefcribe to our colonies conditions of peace ; it will be x)ur duty, our honour, and our intereft, by a generous ufe of viftory, to regain the loft affeftion of our old friends, and to extinguilh in them every dcfire of becoming independent on Great Britaicb - w -: f. K ? .CI J '■>■'.. t. • ■.-,--.•• * "litk Oct. 1776. *? ; . . ; ■■>^ •-••T_ f ^'- * '^^ „ - f Jfr ■■/ ,-*;»:.;•«■*■/ y. '' /■";■ -j:; .' m%{^,T f-uru I'ynj .:•:■.■ I f- :',. . ' . r » ":'l '"^ ' ^*)rT,.rf . T i ; H ii k w i . ;• mI.vI: i'f-if V' ■ '; ••1rf*^*r 't r*t -f; •f f J ' ' ■'V\, <-> .-^ *■■"** :V .- r i * * 3 C -h -r ' .J^ 'J, i ^ ^ V'y'V. A,., \-i' 'V » ■ 1 ' -s ^i*J J^A\ m tj Thei rate latiol unit! ideal feat thatJ ave Jri-. e to x)ur •ous our ;fire rT-'i / , k , . . J REFLECTIONS on the Rife, Pro- grefs, and probable Confequences, of the prelent Contentions with the Colonies. ^ I. TTAl) authority determined me which fide to •n take in the important queftion, how the mother country ought to conduct herfelf towards tlie colonies, T would have embraced thefe fentiments in favours of adminiftration, which happen to be popular and fafhionable with the greater part of my neighbours, my neareft relations, my moft intimate friends, and the gentlemen with whom I generally think and a£l: in other matters. But no authority, however refpeiStable, can be pled againii reafon. No names or numbers will warrant my afcribing juftice or wifdom to meafures, in which my underAanding thinks it difcerns the reverfe. — A fair (late of the grounds of my opinion will fatisfy the impartial, that I have not formed it radily : and may furniilj^ many of my countrymen who wifh to judge candid* ly, with fome notunufeful information, fcattered in books, pamphlets, and periodical publications which they have not opportunity or lei fiire to perufe, as to the fentiments of the Colonifts, their manner of pleading their own caufe, and the regard due to feme of the* ^' pleas § 2. One chief circumftance, that hath reconciled a gieat part of the nation to war with the colonies, is, an appreheniion that there was a general defire in them of independence on the mother country* Their extenfive territory, wholefomc and temper rate climate, luxuriant and fertile foil, rapid popu- lation, commodious ports, and variety of pro'du£ls, united many of their friends and enemies in the idea that North America would one day become the feat of a flcut ifhing empire. It is not improbable that, in fomc future period, this would have hap- A *? - pened : i , • ( 1 ) pened : and ajftful dcfigning men found it no dif. ficult tafk, to excite or cherifh fufpicions, that the colonies were already aiming at this, -and ihut check- ing their growth, and abridging their liberties, was the only method of defeating their fchemes. But an able writer, no way biafled in favour of the co- lony claims, and who had the beft advantage for knowing fadls, hath born ample teftimony, that the Colonics in general were loyal to their fovereign, well afFedled to the mother country, zealous for her profpcrity, and far from harbouring any rebellious deligns again ft the juft rights of government. Their merchants are, and ever muft be, in a great mcafure allied with thcfe of Britain ; their very fupport, confifts in this alliance, and nothing but falfc po- licy here can break it (a). Their political and reli- gious principles are incompatible with fubmiiting to tlie government, or aiking the prote£Vion of France or Spain. No one colony could by itfelf fhake off dependence on the mother county : and no two had any common magiftracy or principle of aflbciHtion, till the attempting to connect them to us by power, connefted them to one another in policy. Before this, their different charters, forms of government, manners and cuftoms, religious fentiments, jarring claims and interefts, and the rivalfhip and jealoufy arifing from all thefe, prevented any fuch union a- mong them one with another, as all of them had with the mother country (b). That there might be amongft them men of republican principles, or men ambitious to be the heads of a new kingdom or commonwealth, is no unnatural fuppofition : But had Britain left them in the happy iituation in which they were before the ftamp acft, thefe would have been few in number, and could never have perfuaded twelve provinces to revolt from a government, un- der which they felt themfelves eafy and fecure. (fl) Pownal's adiTiinift ration of the colonies. 4th edition, Lon. 17^8. p. 40. and dedication, p. 6 and 8. { ^ ( ) PAWoal s adminilhatiou, p. 35, 38, 9j. « « << (C C( « (( ( 3 ) In anfwcr to this, it may be urged, that a pam- phlet cntltltd Common Setije, publiflicd at Philadel- phia ihe beginning of this year, argues the neccffity of the colonies declaring themfelves independent on Britain. 1 reply, That pamphlet has been refuted by other writers at Philadelphia, under the (ignatures ofCandidus, Rationalis, and Cato. The following extract from Cato's fecond letter to the people or Philadelphia, nth March 1776, will, I hope, be acceptable to fome of my readers. " Nor have many weeks yet elapfed fincc the firA: ** open propciltion for independence was publi(hed " to the world. By what men of confequencc this " fcheme is fupported, or whether by any, may pof- " fibly be the fubjeft of future enquiry. Certainly " it has no countenance from the congrefs, to whole ** fentiments we look up. with reverence; on the " contrary, it is direftly repugnant to every decla- ration of that rcfpe^lable body. It would be need* lefs to quote particular paiTages in proof of^ this, as they are to be met with in almod every page of their proceedings. I will refer to a few only, viz. ** their Kefolves, March 5. 1775 ; their Declaration, ** July 6. ; their .Addrefs to the King, July 8. ; their ** letter to the lord mayor of London ^ and more " efpecially, their declaration for a faflr, 12th June, " in which, with the cfeepeft max'ks of fincerity, they ** call upon all America to join with them rn addref- " fing the great Governor of the world, humbly " befeeching hrm to avert the defolating judgments ** with which we arc threatened ; to blcfs our right^ •' fvil fovcreign, &€, that fo America may foon be* " hold the redrefs of her many grievances, the. re- ** ftoration of her invaded rights, and reconciliation " whh the parent ftate, on terms conftitutional and " honourable to both. Will any one be fo hardy ** as to fay, that either the appointment or obferva- ** tion of this folemn day was a mere mockery of " heaven and earth ? I truft not. I might add the " feniiments of 01 <« r li own reprefentatives A z . ;mbly», "ex- I : I ( 4 ) " cxprefled in the inftrui^lons to their delegates ; " the fcntiments of Maryland in fimilar inftru^tions, •' the.refolves of New Jcrfey and New Hampfhire. •* Nor fliall the much injured province of MafTichu- V fet*s bay be left out of the catalogue, whofe " provincial congrcfs, while yet bleeding with the *' wounds received at Lexington, thus addrcffed the ** inhabitants of Great Britain: Tbefc are ma'kf of ." minijierial vengeance againjl this colony ; but they ** have fjot yet detached us from our rcyal fovereigriy 8cc, y trufiing that in a cenftitutiaml conncftiou with the " mother country ^ we Jlja/t fion he a free and happy ** people. Some future opportunity I doubt not to ** make it appear, that independence is not the caufc *' in which America is now engnged, and is only the ** idol of thofe who wifh to fubvert all order among ,** us, ^nd rife on the ruins of their country." Late events do not prove what the colonies originally in- tended, but what advantages artful men have gained to miflead them froixi the condu6l of adminillration. § 3. But, ** are not the American claims of ex- ** emption from parliamentary taxation, a virtu- ** al renouncing fubje^ion to the king, and de* .•* pendence on the mother country ? If the Ame- ** ricans have the excluiive right of taxing them- *.* felves ', what power is to remain in the fupreme ** legiflature ? May the Britifh parliament tell them ** how much they fliall contribute ? If the fum may .** be prefcribed, they will return few thanks for the .** powder of raifing \t.(c)\ if they are at liberty to ** grant or to deny, they are no longer fubjecls (d), ** In fovereignty there are no gradations. There ,** may be limited monarchy, but there can be no ,•* limited government. There muft in every focie- ** ty be fome power or other from which there is ** no appeal, which admits no reftri^ion, which " pervades the whole mafs of the community, ena the Britifti conftitution is happily ignorant of. The Iiilh chufe their own reprefentatives, by whom a- lone they are taxed, and will liot allow the Britifh legiflature to alter a word in a law to tax them. Their adls are fent over to be approvad, not by the Britilh parliament, but by the Crown : Yet they difpute not the authority of their rightful fovereign,. or their dependency on Britain. The Britiih mo- arch appoints their lord lieutenants, who, when e thinks proper, adjourns, prorogues, or diflblvcs eir parliament. The aflertion, that colony charters may be always legally, and where the prefent ftate finds them in- convenient, even equitably revoked/ is Warning the colonies to put no truft in the promifes of Britain^, bccaufe Britain may legally and even equitably break them, when llie thinks it convenient. It is how- ever to be hoped, the colonies will not miftake the voice of this writer for that of parliament or admi- niftration. This would be as unjuft as to impute to a general the cruelty or treachery committed with- out his- knowledge orconfenti whether by a merce- nary or volunteer in the fervice. §. 4. I' am not fuificiently acquainted with the. diarters. o£ the^ feveral^ colon4eS|« to dacrmine the. aaturcu^ J ,N '*'*i-^ V^f nature and extent of their depcmdencer on Britaim One* who has been governor to fome of them, and whofe teilimony the friends of adminif^ration will not call in queflion, hath given this accotmt of it. Before the civil wars, the king confidered the colo* nies not as fubje^ls of the realm, but as his fubjefti in thefe his foreign dominions; and on that account, when parliament 163 1 and 1624 attempted to take cognizance of their affairs, it was obje^ed to by the fervants of the Crown, and dropped/^/ The Co- lonics viewed themfelves as in immediate connexion and fubordination to the king ; and they and their pofterity were acknowledged entitled to enjoy all the liberties and immunities of free denizons and natu- ral fubjefts, to all intents and purpofes, as if they had been abiding and born within the realm (h). No government therefore, lefs free than that which they had left, could be juftly eftablifhed among them* Hence their general aflemblics had power of enaift-* ing laws, impofing taxes, ereiSting courts, and cre- ating magiftrates (ij. They acknowledged themfel ves fubordinate to England, and that fbe might juftly reflrain them from any thing repugnant to her rights and intereds ; but held their allegiance only as due to their fovereign as their head, not as the head of another people. They were all in the true fpirit and meaning of the thing, counties palatine, and fome of them were aiStually and exprefly created Co fjjl Confidered as having quitted the realm, they were incorporated into diftinft communities; had the jura regalia granted them, and their own peculiar legiila- tures, free, uncontroulled and complete, in con- junction with the king's deputy (k). Their conftituti- onrwas treated as the fame with that of Jerfey, which had a right to hold a convention of the three eftates of the iSand, in which the king's governor had a negative voice, and where the great bufinefs was raifing money to fupply public occafions (IJ, In? the (g) Pownalls adminiftration, p. 48, 49^. (*) lb. p. jc*- {•)lb. p»i», U) lb.p,j4. i,*) p. ij3r tOP'^ wa) mit In the for whl kn( nal was the p. iC* ( 9 ) the year 1643, ^^^ lords and commons aflumed the executive powers of government, and were in faft the ailing fovereign In that capacity they made hiws fonhe lantations *, nay, in 1646 charged them with a tax , cxcife, but at the fame time exempted them from all othel* tax or duty, provided their trade was carried on in Englifli bottoms (w). On the rcftoration of the monarchy, the parliament taking up the idea from the power they had exerted during the commonwealth, that the colonies belong- ed to the realm, and the king having participated with them, his fovereignty over thefe his foreign dominiotis, they became in fadt fubje£ts of the king- dom ; and parliament, in the capacity of fupreme legifliiturc of the realm, interpofed in regulating their trade, limiting their rights and property, and even taxing them (/i). Henceforth king and parlia-' ment conjunctly may be ftated as fovereign, and th^ colonifts as fubje<5ls. Still, however, if thefe fub- je£ls were entitled to the rights and privileges of Englithmen, the power of this fovereign mull: have fome bounds in its extenfion and exercife ; and here queflions naturally arife, Whether this fovereign can disfranchife them of their rights, becaufe fettled beyond the territorial limits of the realm ? Whether they are entitled to a conftitution of the fame poll* tlcal liberty as that which they left ? Or, Whether the whole of their conftitutions are liable to be new modelled and reformed, or fufpended and taken a-f way at the will of this fovereign ? {0) To an unli-» mited right of taxing them much may be obje^ed. In granting fupplies by impofing taxes on the people, the houfe of commons is the fole originating and forming agent, as to the matter, meafure, and time ; while the king and lords only confent. Of this I know no reafon, but that afligned, Commons Jour- nal, 1672. ** The commons JKSt as granting for the •* counties and focieties whom they reprefent.'* Tho* fbme {m) Pownal's adniiniftration, p. izu l») lb* p. laj. .% /^ V ' ■ ( 10 ) . , - fomc have no vote in elefting them, the property of the copyholder is reprefented by its lords ; and that wiihin a city, by the body of freemen in it, who chnfe the lEcmber of parliament. But how can the commons reprefent the property in America, when ftated as being without the realm, and no part of any county or city of the fame ? Can it be faid, that in im- poiing taxes, the commons do not a^ in virtue of their reprefenting the towns and counties for whom thty grant ? Or, Is it true, that in granting for thefe towns and counties which they reprefent, they do alfo re- prefent the property of America ? ("pj If, at the Re- ftoration,, the colonies came under the authority and jurifdiftion of parliament, ihey alfo became partici- pants of the rights and liberties on which the power of parliament is founded. As by new acquifitions and improvements, by trade, manufaflurcs, and co- lonies, the circumftances of the realm muft be often changing; and this reprefentative body cannot in- ftantly and equally follow thefe changes 5 it muft neceflarily at times not be an a£lual rcprcfentative» Yet, as the principle that no free people ought to- be taxed but by their own confent, is invariable, fa thre mode of reprefentation has altered, fo as to ex- tend to and fuit the mode under which the repre- fented were found to exift. Hence many towns, counties, and even dominions, not previoufl]^ repre- fented, have, as they acceded to the realm, or in- creafed within it, been called to a fhare in the com- mon council, as the counties palatine of Durham and Chefter *, and the dominion of Wales, fo that they might not ^be grieved with a^s and ftatutes, parfed without their confent, and contrary to their intcreft 5 and when King Edward planted a colony in Calais with all the privileges of free-born fubjc^s^ that colony fent burgefles to parliament. Parliament * ;♦ has „, ip) PownaPs adminiftratlon, p. I34» * The aft for admitting members from Chefter fays, that taxation and other proceedings of parliament, extending «>• vcr unreprefented inhabitants are tyrannical and tllegaL I , pty of 1 that who in the when ).f any inim- F their 1 they towns Co rc- icRe- ty and articU power fitions nd co- ) often lot in- t muOi itative. ght to- )le, fa to ex- repre« owns, epr^- or in- com- irham b that itutes, ) their olony bjc^s» ament has rs, that ding «>• ak ( 11 ) has never ceafed to be deemed the conftitutional re- prefentative^ and to a^ as the common council of the whole dominions of the realm : but, on the o* ther hand, has always given fubje£ts power to fend reprefentatives, as they have arifen to an import- ance and fhare of influence in the ftate, which jould juftify the meafure^7). Or, if as in the cafe of the American colonies, the foreign acquifitions have been deemed fo far feparate from the kingdom, that they could not be incorporated into any county or city within the realm, and that their {late and con«i dition could be little known by parliament ; the go« vernor, council, and reprefentatives of the county afTtmbled, have been admitted to make laws, and impofe taxes refpefting that community, although fubordinatc to the government of the mother coun#- try, and not capable to aSt contrary to it. If go- vernment required money for extraordinary fervices, the requiiition of the crown was ?aid before the af- fembly by his majefty's commiflioner the governor. They always enjoyed the liberty of judging by their reprefentatives, how internal taxes fliould be raifed within their refpeiSbive governments, and what was the ability ot the inhabitants to pay them (rj. There was good reafon for this. The true ground of juf- tice whereby the parliament grants fupplies is, that they give what is their own ; that they lay no tax, which does not affc^l: themfelves and their conftitu- ents 5 and that they do not grant from the property of others to cafe themfelves. Let the ftatefmen ap.- ply this reafoning to the ftate of the colonies j). It ftrongly pleads tbeir exempiion from internal taxation by parliament, but does not conclude their immunity from external taxes. The charter of Vir- ginia, after having direftly fixed the right of pay*- ment of fubfidies, impofts and duties from the com- pany to the crown, and having made a grant of the fame to the company for 21 years, hath thefe word«, ** That they (hall be free from all fublidies and cu- " ftoms (^) Pownal's adminiftratioh, p. J39. {r) lb. p. X49* ■It ■ I / ^- :' if' ('■ r 'M ( 12 ) ^ *' ftoms in Virginia for 2 1 years, and from all taxes ^* and impofltions for ever ;" making not only an exprefs diftinftion in the matter, but in the right. In confequence of this, the charter incorporating 4hem, gave the internal government a rigKt of tax- ing them. The charter of Maryland referves to the king and his heirs for ever, nnpofts, duties and cuftoms, which the people of that province are by their charter bound to pay : Yet the f^me charter, dirtinguifhing between internal and external taxati- on, fays, " We, our heirs and fucceflbrs, fhall at no ** time fet and make, or caufe to be ftty any impofi- *' tion, cuftom or taxation, on the inhabitants of ** the faid province, for their lands, goods, tene- ** ments^ or chatties, within the faid province." In the fame manner, and almoft in the fame words, all the charters of incorporation and government, make the fame diftindtion, ftipulating exprefsly for the payment of all impofl: and duties, according to ^ the law of merchants ; but leaving the lands, &c, to be taxed by the feveral Provincial legiflatures. The adminifiration of government towards thefe people, has been conduced on this plan for a cen- tury and a half, always impofing external and port duties, but never directly laying internal taxes on the Colonifts for their lands, &':, or on their tranf- a£>ions within the precin(n:s of the jurifdidlion of their feveral territories. The colonies havmg been ufed to this diftindlion, by the courfe and pra &c. have no right to vote in that capacity, B 5 they AK '% ( i<5 ) they may have it in another chara^er as freehold- ers, 6"^. Even thefc not entitled to fuch vote in England, and incapable of obtaining it, have this protection,, that reprefentatives and their cle . '-T'---,. .^•'^-■.■■.. "• 5. -:v left- {a) Farmer refuted. New York, 1775. p, iz. 12, i^j x8. (*) Ibid. p.a^.. .: ;,. ■..'rf^- ' " ■ ,,. - ' • ( 19 ) left to that loyally, fidelity and generofity, which/ the colonies, efpecially MaiTachuiet's, that injured calumniated county, fo fignally difplayed, in fparing neither men nor ironey in the Uit war fcj Parliament's legiflating for us, and raifmg a revenue upon the articles of commerce, would be a fufiici- .iit degree, of flavery. It is abfurd to fay, that Bri- tain could not impofc heavy burdens on our com- merce, without immediately feeling the effe^f^ her- felf. She may enrich herfelf by reducing us to penury and wretchednefs. We are already forbid to purchafe the manufadVures of any foreign coun- tries. If we might manufacture our own materials, that might be a refuge to us, and a fecurity againft any immoderate exadtions. But this too might be prohibited. We fhould then be under an inevitable, neceflity to purchafe goods from Britain, that we could not do without, however exceffive duties were laid upon them ; and Britain would be enriched by draining us of all our wealth, for ihefe neceflaries. As to our trade with foreign countries, the burdens impofcd on that, increafe her public treafure. Her inhabitants would pay no part of them : they fall folely upon us. The incumbrances of our foreign trade would not injure hcr*s. In a period not far diftant, the productions of our country will infi- nitely exceed the demands which Britain can have for them ; and as we fhall then be greatly advanced in population, our wants will be proportionably in^ creafcd. Thefe circumflances will open an ample field for extortion and opprefilon. Tyrannical edidls would always be ready to filence our murmurs. A formidable army would be kept up to enforce them. The ilighteft ftruggks to recover our loft liberty, would become dangerous and even capital. Conti- nental conventions, by which there might be a com^ xnunion of councils and meafures, would be inter- dicted. Non-importation and non-exportation a- greements,. would, be made treafonable. No remedy ... - - . *. wouldi t), Eiarmer refuted,, jp. 4^1,4 j:«- . W Ib..44i. .) i ( 20' > would be left, but In the clemency of our opprci^- fors 5 a wretched one indeed, and fuch as no- pru- dent man would confide in (d), I have not time to tranfcribe the evidence adduced by tliis writer, p. 25- — 38. that parliamentary claims of taxation have no fupport in any of the charters, except that of Philadelphia, in which there is a rcferve in fa* vour of parliament^ which muft either be rejef New IQand ' y alle- of the ichiifet n WiU vilians, rcured, »r law, IS been Sover- ters to VIr.W. . The hufet?s tnption ■ years, there- I ( jt ) fore MrMauduit, Dr J. and others, have been toaj hafty in concluding, that the MaiTachufet's colony,, by accepting the charters of James and Charles !• freeing them from taxes for feven years, virtually ftipulated to pay taxes after the e:i,piration of that period. §. 7. Still further evidence may be had, what claims would probably have been inlifted on, and x^'hat conceffions made by the colonies, from the re« fclutions and inftru^lions of the provincial congrefs^ in Pennfylvania, 15th July 1774. There they aflc Britain's renouncing all powers of internal legifla- tion, of impofing taxes internal or external, and of regulating trade, except with refpe^t to new articles of commerce which the colonies may hereafter raife^ and the repeal of the acls of the former feflion of parliament rerpe(Sling Maflachufet's Bay; and thea fay, It will be reafonable for the colonies, to . lettlc a certain annual revenue on his majefty, fubjeft to the controul of parliament, and, to fatisfy all da- mages done to the Eaft India company. From Bri-« tain alone we fhall continue to receive manufac- tures. To her alone we (hall continue to carry the many articles of commerce, the exportation of which her policy hath thought fit to confine to herfelf. With fuch parts of the world only as flic hath appointed us to deal, we fliall continue to deal ; and fuch commodities as (he hath permitted us to bring from them, we fliall continue to bring* The executive and controuling powers of the Crown, will retain their full force and operation. We (hall contentedly labour for Britain as affe neither IS juni- ained of ence till to the to the >ur, and the ( 23 ) the duty ordered to be difcontinued« Among the arguments in the paper prcfented to the Duke's commifS oners again ft the cuftoms, were thefe, ** If we could not aiTure people of an eafy, free, and fafe government, both with refpe^ to their fpiritual and worldly property ; that is, an uninter- rupted liberty of confcience, and an inviolable pof- feflion of their civil rights and freedoms, by a juft and wife government, a meer wildernefs would be no encouragement : For it were madnefs to leave a free, good, and improved country, to plantain a wildernefs ; and there adventure many thoufands of pounds, to give an abfolute title to another perfon to tax us at will and pleafure. You plead that Jer- fey was a conquered country, and that the king be- ing the conqueror had power to raife money, make laws, &c. and that this power he had vefted in the duke, by right of which he demands that cuftom wc complain of. But fuppofe the king were a conqueror, did his power extend equally over his own Englilh peo- ple, as over the conquered ? Are not they fome of the letters that make up the word Conqueror? Shall a people free by law under their prince at home, be at his mercy in the plantations abroad ? The king's grant to the duke of York, is pi *inly reftrid^ive to the laws and government of England, in the confti- tution of which it is fundamental, that the king cannot take his fubjeiSts goods without their confent. See Ma^na Chart a, chap. 29. ; 34th Edward III. chap. 2.; and 25th Edward, chap. 7. To give up the power of making laws, is to fell, or rather to refign ourfelves to the will of another for nothing. For we buy nothing of the duke, if not the right of an undifturbed colonizing, with no diminution of the privileges enjoyed in our own country. For the foil is none of his, it is the natives. This tax is not to be found in the duke's conveyances, but is an after bufinefs. Had the planters forefeen it, they would fooner have taken up in any other plan- tation in America. New Jcrfey never paid cuftom before ^ ( 24 ) Ijefore the laft peace, and that peace reinvefts every proprietor by articles. We bought it when free, fince which time this impofition is born. The plain ' Englifh of the tragedy is this : We twice buy this moiety of New Jerfey, firft of Lord Berkeley, and then of the natives ; and for what ? the better to mortgage ourfelves and our pofterity to the duke's governors, and give them a title to our perfons and eftates, that never had any before. Since by this prq,cedent we are aflefled without any law, and ex- cluded our Engliih right of common aiTent to taxes.; what fecurity have we of any thing we poflefs ? We ean call nothing our own, but are tenants at will ? not only for the foil, but for all our perfonal e- ftates 5 while we endure penury, and the fweat of our brows, to improve them at our own hazard only." The curious may find this fpirited memo- rial inferted at large in Sam. Smith's hiftory of New Jerfey, publiflied at Burlington 1765, p. 116 — 125. The proprietors of Eaft and Weft Jerfey furren- dered, A. D, 1702, to Queen Ann, their right of government, without any intention to abridge the privileges before enjoyed ; among which were free- dom of confcience, trial by juries in open court, taxes to be levied only by legiflative a£l, &c, and indeed ihefe privileges they could not lawfully a- bridge ; for the fettlers had purchafed them, as well as the foil, and therefore, without their own deed, could not warrantably be diverted of them : Yet at* tempts were early made to encroach on thefe rights. Lord Cornbury arrived in New Jerfey, of which he was appointed governor, Auguft 1703 ; among Queen Ann's inftru>g in Bofton har- ;bour, h;^d to pafs the caftle, in order to go to fea, which fhe could not be allowed to do without a let- pafs, i. e. a permiffion in writing from the governor, which being fliown to the officers of the cuftom^, is a warrant to. diem for clearing the veflel. The governor refufed this requeft, fo that the veffiil could not go out of the harbour. If the tea had remained on board th-e veflel in the harbour, by a forn^er aft of parliament it would have been fubjeft to the duty, and liable to be feized and keeped by the cuftom-houfe for fecurity of the payment of it. This time was nearly expired, and there was a re- port, that then the cuftom-houfe officers would im- , mediately feize the tea. Some zealous friends of the. colonies perceiving no alternative, but to give up •i/.:j their : vi^j ( 3< ) their own liberties, and betray thore of II . nerf' i, or to deftroy the tea ; in this unhappy dilen, na, o^ two evils chofe what appeared to them the 1' tl, the deflru^ion of the tea. Indeed, they cauuot be faid to have chofen what they were compelled to by the obftinacy of their governor, on whom the blame ought to be laid, and not on a virtuous, opprefTed people. Betides, the town of Bofton can- not be juftly charged with deftroying the tea. In* deed, almofV all the inhabitants of Boflon oppofed the tea aft, but the deftruftion was made by a few : and whether thefe few were BofVonians, or even New Englanders, there is no> evidence. New Eng- land's being a part of the Britifh empire, gives no more title to the Eaft India company to force tea upon them, than it gives to them to land hats in England. It cannot be thought ftrange, that every colony ufed the moft probable means of prefcrving her natural and charter rights. If neceffity con*- ftrained them to meafuresnot agreeable, the authors of that neceffity, not thofe conftrained by it, mu£t bear the largeft fharc of the blame." § 13. But though thefe apologies fliould be fup- pofed weak, it will not be eafy to fhow the equity and expedience of ihc afts of the fubfequent feffioa of parliament, founded on thefe proceedings. The Bofton port bill condemns a whole town unheard, nay, uncited to anfwer ; involves thoufands in ruin and mifery, without fuggeftion of any crime by them committed ; and h fo conflrufted, that enor- mous pains and penalties muft enfue, notwithftand)- jng the moft perfeft obedience to its injunftions. Have not other cities been repeatedly affefted by popular commotions ? Whence then is Bofton de- voted to fuch unexampled treatment? Had parlia«- ment evidence^ did they even fuggeft, that Bofton as a town aided, abetted, and participated in ihefc tumults? The records of Bofton, and known fafts prove, that the inhabitants difcountenanced and difayowcd all riot and difojder.. At tlae laft towa fiaee,t;^ n % ( 31 ) * meeting relative to the Eart: India tea, it was debat- ed, whether the committee appointed to wait on the confignee3, fliould be inftrinSVed to iiifift on their peremptory anfwcr, whethci* ihcy would fend back the tea, and it paOed by a large majority in the ne- gative ; and yet the deftruftion of the fea, which took place without any illegal procedure of the town, is the only alledged ground of configning thoufands of its inhabitants to ruin^ mifery and defpair.— If a fliip fhall be feen hovering within the bay, or within one league of it, any commifli- oned officer of the fleet, or cuftoms, may compel it to depart to fuch harbour or Aation, as he Ihall appoint. They arc not limited even to harbours on the American continent. If they appoint fuch a nation, it is favour ; and what price, malice, pride, or avarice, may fct on that favour, who can tell ? —Another claufe in this ftatute voids all contracts for carrying goods to and from Bofton harbour, which have been made, or (hall be made, as long as the a£l continues in force, relating to any fhip which ihall arrive in faid harbour after ift June, Pietrofpcftive or poji faCio ftatutes, have been al- ways deemed oppoiite to found morals and political wifdom : how much more, when they involve in diftrefs innocent fubjedls, or the natives of other ftates. One has contracted to fend merchandife to Bofton, and when he has fulfilled his contradl:, is jaot only difappointed of the commodities he ex- pected in return, but even of indemnification from •the Bofton merchant, his contraCl being declared to ftll intents and purpofes null. What malignant evil juftified fuch indiTcriminate vengeance ? Thefe char- ged with the moft aggravated crimes, are not pu- -liiihable, till arraigned before difinterefted judges, heard in their own defence, and found guilty of the charge. But here a whole people are accufed ; pro- fecuted by they know not whom ; tried they know not whenv proved guilty they know not howj and £^ntenced to fuffer inevitable ruia% Their hard fate (' 33 ) Ciinnot be averted by the mofl fcrvile fubmiflion, the Dioft implicitc obedience to this Aatute. Their firft iniiiiiHtion of it was loth May, and it took place I ft June, thence to continue in full force, till it fhall fufficicntly appear to his majcfty, that full fatisfa£lion hath been made by, or in behalf of, the inhabitants of Bofton, to the Eaft India company, for the da- mage fuftaincd by the deftruftion of their tea ; and until it (liaU be certified to his majefty by the gover- nor or lieutenant governor of faid province, that reafonable f iiisfa^ion has been made to the officer? of the revenue, and others, for the riots and infur- re«ftion above-mentioned. What time muft clapfe for the town calling a meeting to confult and deter- mine upon the meafure ; for difpatches to England, application to the Eaft India company, an adjuft- ment with them on the nice point of full fatisfadtion, and for making the matter fufficiently appear to his majcfty ? All this done, ftill they could have no re- lief till the governor certify to his majcfty, that rear fonabic fatisfatStion has been made to the officers of the revenue. Litigations here would arife, none being appointed to judge between the fubjefts and thefe officers ; or if the govei'^nor be the implied judge, no dire£tion given, how the queftion fhouI4 be brought before him, tried and adjufted ; and th^ Boftonians not bci. ig like fpccdily to prpcurc certii- ficates fro^i fuch governors as a B. or H. or to reft: in their decilions. So ftiort a fpace is given for ftay- ing this torreni of evils, that the fubjedV, tho' exert- ing his utmoft energy, muft be overwhelmed, and driven to madnefs by terms of deliverance, which deny relief till their ruin is irretrievable. By 4th William and Mary c, 13. towns in Maflachufet's province cannot raife or appropriate any moneys, except to the fupport of the miniftry, fchools, and poor, and the defraying of other neceffiiry town charges. The claufe necejjary town charges, cannot include the moneys appointed to be paid to the Eaft India houfe. The town, did- not contradl: t\m> debt^ \ ^ , ^ and I ( 34 ) and when our provincial legiflatures made the above law, and procured for it the royal approbation, they could have no fuch charge in view. The town there- fore cannot make provifion for paying that money, without breach of a law neither fufpcnded nor re- pealed, parliament having made no new a6t to en- able them to afTefs themfelves for that purpofe; and yet, if they don't pay the money, their ruin is ine- vitable—The a£t does not fuggeft, that the Eaft India company had made any demand for damage done their property ; much lefs that they had al- ledged any charge againft the town of Bofton as guilty. Whatever may be the claim of that compa- ny, by not profecuting, they are fuppofed to wave it. This is the firft inftancc where parliament has ordered one fubje£t to make fatisfaiSlion to another^ when the yarty aggrieved does not appear to make his regular claim ; and much more uncommon is it for fuch rcompenfe to be ordered, without afcer- taining the ^mou^c to which the fatisfaflion /hould extend. Sr^pfoie the Eaft India company and offi- cers of the revenue were made perfe^ly eafy, who can fay, how many others would fuggeft that they fuffered by the riots and infurredtions above-menti- oned, demand what they termed reafonable fatisfac- tion ; and. thus by introducing endlefs litigationsj make a full compliance with the requifitions of the aft impraiSticable, and of courfe render permanent its ruinous confequences. The above reafonings are extracted from Mr. Quincy*s obfervations on the Bofton port bill, pu- blifhed at London 1774. To them I will add a few further obfervations on the fame aft, by T. W. a Boftonian, publiftied at Bofton 1774. The fupport of at leaft eight tenths of the inha- tants of Bofton depends on trade. Labourers and artificers of almoft every denomination, with their wives, children and dependents, who, at the lowcft computation, may amount to fifteen ihoufand, are reduced to a ftarving condition j none of whi[ch> fo le above 3n, they n there- money, nor re-r to en- fe; and 1 is ine- the Eaft damage had al- )fton as compa- to wave ent has nother^ o make ion is it t afcer- fhould nd ofE- y, who Lat they -mcnti- atisfac- rations^ of the tnanent m Mr. ill, pii- d a few '. W. a e inha- ers and ;h their 1 owe ft id, are whiich> fo ( 35 ) fo far as is known, had any more hand in the de-» ftrudlion of the tea than Lord North, and few of whom were among thefe, who conftituted the af- femblies that have been complained of as riotous. This is the cafe of our ihip-builders, maft-makers, I'iggcrs, caulkers, rope and fail-makers: of our houfe-carpenters and mafons, who have now little to do, as timber, brick, lime, &€. are not permit- ted to be landed in our harbour : of our diftillers and fugar-boiki s, as no molafles nor fugar are fuf- fered to come there : of our coopers, even if they could procure ftaves and hoops, as the work of trimming imported cafks, and making others for exportation, is at a period : of our truckmen, por- ters, and a numerous train of day-labourers, who muft now fufFer hunger,- and be cloathed with rags. Nay, the fufFerings occaiioned by this aft, extend to all towns on the fea-fhore for hundreds of miles, whofe bufinefs is that of coafting, as they are re- ftrained from bringing to this port any merchandife, or carrying any out of it, however neceflary for them. No merchandife is permitted to be brought even from Marblehcad or Salem, the port fubftitu- ted in the room of Bofton, but by land-carriage, which, though greatly expenfive, is made almoft doubly fo: as inftead of fifteen miles only by going over a ferry, the neceflary carriage is now no lefs than twenty-eight ; which is as diftrefling to the merchants in tliefe towns, as to thofe in Bofton, as thereby deprived of a market for much the largeft part of their Weft India imports. Had puni/hment been only threatened, had it been at our own op- tion, whether we would fubmit or fufFer, the rea- fon for complaint would have been lefs. But with- out previous warning, in the propofal of any terms that might have prevented the coming of evil upon us, it is inflifted with ineffable vengeance, fo that ftiould we fcrvilely fubmit to all required, we muft noiwithftanding fufFer almoft total ruin. The con- ditions, upon whkh alone our fufFerings are to be re- 4' ( 36 ) removed, far from being fixed with precifion, arc fo loofe and indeterminate, that a governor may, fhould he fo pleafe, perpetuate them during his po-. litical exiftence, the king in council not being ena- bled to open the port without his certificate. The wharfs and landing-places in Bofton, which are the property of numerous individuals, and of a much greater value than all the teas the Eaft India com- pany have feni to this whole continent, are, as to the ufe of them, wherein only their value confifts, wrefled out of their hands, and put into the king's, to be difpofed of at his pleafure. The plea for this extraordinr.ry vengeance is, dangerous commotions ^nd infurre^lions in the town of Boflon. But has not that been as much the cafe in the city of Lon- don ? yet that city was never punifhcd for thefe riotous diforders, much lefs with a fcverity por- tending its deftru^lion. Would Boflon have been thus cruelly dealt with, had not its diftance from Britain been fo great, that its groans could not be heard there, fo as to move indignation or compaf- fion in our brethren. It has been well obferved in the lords protefl a- againft the regulating aiEl, that the legal condition of the fubjedt (flanding unattainted by conviction for treafon or felony) ought never to depend on the arbitrary will of any perfon whatever ; Yet the fhutting up Bofton harbour, does not determine on payment of a fine for an offence, or a compenfation for an injury ; but is to continue till the privy coun- cil think fit to revoke it. The author of a fummary view of the rights of Britifh America, printed Williamfburgh 1774, takes notice, that, though two wharfs in Bofton are to be opened again, when his majefty fhall think pro- per; the refidue, which lined the extenfive fhores of the bay of Bofton, are for ever interdii' perty e/the RomiJI) church; and permitting a tolerated church to enjoy its own property, is far ftmt of the idea of an eftablipjment. Certainly, previous to the fur- render of Canadaj the Catholic religion was eila- blifh- u m ( 4« ) bUftied there by the laws of France ; and tithes were on that account the legal property of the church of Rome, and could not be with-lxeld by the laity, though ever fo much difpofed to it. . But, after th6 furrender, the French laws being no longer in force^ the eftablifhment of the Romifli church, and her property in tithes ceafed af courfc. ft is true, the clergy may have continued to enjoy them:" but it was at the difcretion of the lany, to with-hold, or abridge them, if they thought proper. But by the late a?!:, the church of Rome is reftored to her for- mer legal claim to tithes, which Ihe before received only from the voluntary bounty of her profelytes. The charadleriftic difference between a tolerated' and eftablifhed religion is this : With refpeft to the fupport of the former, the law is pofitive and im- provident ; leaves it to thole who profefs it, to make as much, or as little provifion as they judge expedient, and to vary that provifion as they pleafe : But with refpedt to the fupport of the lat- ter, the law is active and provident. Certain pre- cife dues (tithes, &c.) are annexed to the: clerical office, independent on the will of the peopb";; which is exa^ly the ca^e with the Canadian priefts, and therefore no impartial man will doubt that Popery is eftablifhed in Canada. It is often afferted, that ample provifion has been made by the a«fb for the future eftabliihment of the Proteftant religion. And indeed, after the claufe, that ** The clergy of the ** church of Rome may holdj receive and enjoy ** their accuAomed dues and rights." This claufe follows: ** Provided neverthelefs, that it Ihall be ** lawful for his majefty, his heirs and fucceflors, ** to make fuch provifion out of the reft of the faid ** accuftomed dues and rights, for the encourage- ** ment of the Proteftant religion, for the mainte- ** nance, and fupport of a Proteftant clergy, within ** the faid province, as he or they ftiall, from time **" to time, think neccflary and expedient." But D^ 3, , when- ^ -■ - ■< w^ ■t i when thre Romifli clergy receive their accwftomcd dues, where Ihall we find that reji or remainder, ■which is to be applied for encouraging Proteftant- ifm ? Befides, had there been really proviflon made to be applied at the difcretion of his majefty, ftill no Proteftant would confent to let the free exercife of his religion depend on the meer pleafure of any man, as thus it muft be rendered infecure and pre- carious. Yet by this a£t, it is in the king's powcr^ to keep the Proteftants of Canad^i for ever difpof- lefled of all religious immunities. If this aft were juftifiable, in relation to the province of Quebec within its antient limits 5 there is no pretext for it, when confidered as annexing fo boundlefs an ex- tent of new territory to the old, and placing the whole under the fame exceptionable inftitutions civil and religious. The prefent policy of the a£t is this. By giving a legal fanclion to the accuftomed dues of the priefts, it was intended to intereft them in behalf of adminiftration ; and by means of all the dominion they poflefs over the minds of the laity, together with the appearance of good will towaj'ds their religion, to prevent any difTatisfiiftion which might arife from the lofs of their civil rights, and to gain their afliftance in fubjugating the other colonies. The future police of it demands parti- cular attention. The nature of civil government will hereafter put a ftop to emigrations from other parts of the Britifli dominions thither, and from all other free countries, and the advantages fecured to Popery difcourage all Proteftants, fo that the pro* vince will be fettled and inhabited by none but Pa- piils. If lenity and moderation are obfervcd in ad- ijuniftring the laws, the natural advantages of this fertile infant country, united to the indulgence given to their. religion, will attract droves of emi- grants, from all the Roman Catholic ftates in Eu- rope : and thus the old colonies, in time, will find thcmfelves. encompafied with a, numerous hoft of .'..:. -^ ; V,, , ., ." neigh- komcd iinder, sftant- [ made y, ftiU xercife of any d pre- powerj difpof- fl were ^ebcc for it, an ex- ng the tutions e a£t is ftomed I them of all of the 3d will fa^ion rights, : other 1 parti- 'nment other rom all ired to le pro* \n Pa- in ad- of this Igencc emi* in Hu- ll find oft of neigh- C 43 Y ireighbours, difaffe^cd to them, both l)ccaufc" of difference in religion, and government. How dan- gerous their fituation would be, let every man of common, fenfe judge (gj. § i6. How important it is to Britain, that Pro-* teftantifm (hould prevail in the colonies, and what danger there is of the contrary, let me fet before my readers, from the .aoft refpc^able and unex- ceptionable authorities. ^>j».^t.:-' Jifp. Cornwaltis's fermm before the fociety for the prO" pagation of the gofpel in foreign parts ^ loth February 1756. ;5. 17. ** I do not fee how our colonies, fitua-< ted as they are, and little able by their own means, to provide themfelves paftors and inftru^brs, are likely to continue in the Proteftant principles, with- out our aid and liberality. For the Papifts lying always in wait to deceive, creeping into every houfe, and leading captive the ignorant and unwary, have a fair opportunity of inftilling their doctrines, and feldom fail of fuccefs, in places where religion i$ either made a matter of indifFerehce, or where there is a failure of fuch perforis, as are fitted to eounterafl their defigtis, and to prevent the poifon of their infinuations ; and if our colonies change their communion j we fhall be in great danger of* lofing the fruits of their induftry. For a forfak^^ ing their Proteftant principles will necefi!arily termi^ nate in a change of their allegiance ; and if they» quite our faith, they will leave us little hope of re-» tainihg their friendlhip : And we may fay in gene-* ral, without any ofience againft, charity, and without any feverity of judgmeat, that it is as difficult to conceive how a fincere Papift Can be a good fiibjeft in a Proteftant nation^ as it is to conceive how a perfdn Can be faithful to our iiitCreft, who lookg upon it as: a duty to a£l: in oppofition to it," {g), This^ feition is ah abridgment of remarks on the Qoe- bec bil^, by the author of the Farnaer Refuted, inferred in. Riviogton's New. York Gazetteers,, i^th,, and »ad Jaly i775i i . ( 44 ) Bp, Elites fociety /ermovf 1759. p. 28. " If by Aicli means the number of Papids fhould much increafe in the Britilh colonies, there would be fo many more certain enemies to the intereil of the nation^ In which cafe, they would cither endeavour ta throw oflf their dependence upon it, or would be- tray and give up the colonies tO' a neighbouring power, our enemy there as well as in Europe, who always will be ready to receive and fupport them. As the great importance of thofe colonies to this kingdom is now underftood, it is eafy to conceive what their lofs would be to us, efpecially fhould they come into the poiTeiHon of an enemy follici- tous to impair, and, as far as poflible, ruin our com* nierce, who therefore would improve all advan- tages, which thefe colonies might afford, to the height, againd us : perhaps fo far, as to become, at length-, iuperior to us in maritime power, in which cafe, the way would be viiibly opened to our final deftruaion/* Bp Terrick's fociety fermon, 1764. p. a 8. "The toleration of the free exercife of the Popifh religion in the conquered countries, however it may reflect honour on the lenity and moderation of our princi- ples, calls for all our caution to guard againft that zeal anurs to nd, till or pul- e con<« lo way y reli- i^atho- 1 upon lifts of to the relby- whca Pref. intro* plain* I illi- fadts, their rhaps one rds of )ove a 5rmer ; pro- acies. I pro- pi fco- 1$ the ociety inno- nd as of ( 47 ) often been difappointed. For want of fuch a grant, they have been obliged to convey the rights of their ]^lac«i«of worihip to the general aifembly of the church of Scotland j they have loft a hundred pound lately bequeathed them, the Epifcopal exe- cutors keeping the money to themfelves, becaufc they know payment could not be compelled by law j and they muft lodge their money in private handr, whofe honefty is their only fecurity. No wondet then they oppofe the introducing of the whole bo- dy of Epifcopacy, when they find its little finger fo burdenfome. They wifli not to deprive others of their religious rights. They only defire fufficient fecurity for their own : and that granted, the Epif- copalians, without any obftrudtion from them, may have their bifhops as foon as they pleafe. §. i8. It was natural for all the American colo- nies to unite their councils, in order to procure a repeal of the above mentioned adls of parliament, and a redrefs of the grievances occafioned by them. With this view a continental congrefs was appoint- ed and met. Probably the legality of this meeting was not very fcrupuloufly confidered, and moft of its members would reckon a fmall violation of hu- man laws excufable, when ncceflary for preferv- ing natural and charter privileges. Their parti- cular aiTcmblies had fent repeated petitions to par- liament, which had been rcfufed ; fome, becaufc they were againft money bills ; and others, bccaufe they difputed the rights of the Britifh legiflature. On other occafions, legal methods of prefenting their remonftrances and complaints were obftrudl- ed, by governors difTolving, or refufing to call the Provincial aflemblies. When the old conftitu- tional channel of conveying their fentimcnts was thus flopped, it was not to be wondered at, that they thought it necefTary, to adopt a new method of doing it, that, though polfibly lefs legal, might perhaps prove more cfFedtual. Befidcs, an adt of - the ( 48 ) the firft of William and Mary, declares the right of fubjefls, to prefent their grievances and petitions to the king for redrefs. And if they have fuch a right, furely they may depute fome of their num- ber to a6l for them in exercifing it. I vri(h all their proceedings admitted as favourable an apology. Non-importation and non-exportation agreements may be legal : for if men may trade or not as they chufe, I cannot fee, why united refolutions of do- ing what is legal, can be contrary to law. But of the equity, prudence and moderation of that mea- fure I am not fatisfied. And if more of the fpirit of the Pennfylvania provincial congrefs had appear- ed among them, perhaps they would have had lefs caufc to confefs, and Britons and Colonifls to re- gret, their having done the things they ought not to have done, and omitted the things they ought to have done. But I am writing to Britons, not to Colonifts. From the interruption of corre- fpondeacc with America, I am not fufficiently in- ftrufted in the proceedings of that congrefs, or of what hath happened fince, to make particular re- flexions. Without breach of charity or truth, or adoping the unjuft and aggravated charges on either iidc, I may apply to both Horace's defcription, Ep, 2. Seditioney dolts, /cefere, atque lilfidinet et ira^ Iliacas intra muros peccaiur et extra^ §. 19. From the continuance of the breach, more and worfe evils may be dreaded. It is high time for both (ides to confider, not fo much what ihey can juftly claim, as what they can fafely yield} and whether it is not beft to fecure advantages from their mutual connection, which may be fecured without the further effufion of bood, or endanger- ing the complete and final diflblution of their con- nection. Of the laft fome can think and talk with great-indifference. I muft be excufed in differing from them, as I apprehend the diflblving of their connexion would foon prove the ruin of both *:• » coun- e right etitions fuch a ' num- lU their pology. cements as they of do- But of at mea* ic fpirit appcar- had lefs s to re- ght not J ought Britons^ F corre- :ntly in- j, or of liar re- uth^ or n either I, more h time at they yield j sfrom ecured langer- |ir con- Ik with iffering If their both coun- ( 49 ) countfles. The. confeqiiences to Britain arc obvi- ous. ** The colonies are the fource of our wealthy " from whom our commerce receives its very life " and exiftence, and our naval ftrength its conti- ** nual fupply and increafe {h),** The cuftomers wc gain in foreign trade, we pofTefs under reftri(Stions and difficulties, and may lofe in the rivalfhip of commerce. Thole that a t.rading nation can create within herfelf, it deals with under its own regula- tions, makes its, own, and cannot lofe. In efia- bliihing colonies, a nation creates people, whofe Ia« hour increafes her manufactures and exports, and extends her power : on which Valuable confidera- tion they have a right to the privileges and pro- teftion which they receive (i). The Weft Indies muft dreadfully fuffer, if not ftarve, by having theii* commerce ftopped with North America. They get all their bread and flower, ftaves, heading and hoop poles, and moft of their animal food from' thence, and i^iuft for ever depend on North Ame- ' rica, becaufc they cannot form a magazine o£ proviiions, on account of the heat and vermin , and cannot be regularly and conftantly fupplied frpin any other quarter. Thoufands employed Sn the American trade, muft fu^er by the want of that market: aqd the treaAiry muft be greatly im- poyeriihed, by a period being put to exporcations from America. The duty of tobacco exported from Virginia to England amounts to 300,000!. fterling per annum ; what then muft be the a- mount of all the duties paid by the produce of all the cplohies ? And what muft the nation lofe by fuch a deduction. from her annual income ^ $ 20. But fome will plead, there is no danger of the colonies fucceeding in the prefent conteft. They are a, daftardly puftUanimous. people ^ and though fome of them can £ght when fheltered by dyke& E and -. ■«'■. A 'U) "Bp, Johnfon's fociety fermon, 175 J. p. V).FownarsadminifiratioD| parti, p. ^9; 10. and hedges^ the numerous fleets and land forces we are about to fend to America^ will foon fubdue tKeir obftinacy, and reduce them to reafon.-.—. I am not conyipced, that the Americans are Want- ing in fpirit and courage. The railing fortifications provided by God and nature^ is no more an argu-* ment of cowardice, than our army guarding againft auacks by works of their own railing. Fortitude and fool^hnrdinefs are difierent. When a falfe ru- mour fpread through New England,, that the fleets and troops were firing upon che town of fiofton^ there were thirty or forty thoufand men in arms in lefs than twenty-four hours^ and fome of them bad marched from twenty to thirty miles j towards Bof-' ton before they were undeceived. An enthuf?.ailto pafilon for liberty has often undertaken the mod defperate defigns, and yet fucceeded in tkem. And if I may judge by converfations with North Atneri^ cans, or by the fentiments or ftile of their letters and publications, fuch a fpirit is ftrong and preva« lent among them. Let me mention one* inflanee* When in the continental congrefs 1774^ the'danger of a rupture with Britain was urged as a' plea lOtf certain concefions, Mr. Samuel Adams rofe up^ and among other things faid, <* I (hould advife per« fiding in our ftruggle for liberty^ though it y^ia^ revealed from heaven that 999 were to perifh inf* the ftruggie, and only one of a thoufand to fur* vivc and to retain his liberty. One fuch freeinaa muft poffefs more virtue, and enjoy more happU neis than a thoufand (laves ; and let him pro-* pagate his like, and tranfmic to them What' be hath fo nobly preferved.*' Tell them, that oui? fleets can reduce to alhes all their maritime town&v They readily acknowledge it, but coolly reply, thai however deep and heavy fuch a calamity would- prove to many of them, they would deem libeHy- cheaply purchafed, at the expence not of Bbfton onIy> butof aU theijrbarbattrs* Therupedorit^'of our €t €< S( «C i( t( <( (( 1 forces fubdue bo.-- — . e Want- Scations n argu** r again ft brtitude falfe rtt- :he fleets 'fiofton, arms in htta, bad rds BoP :huf^Ail:ic the moft 01. And L Ameri^ ir letters d preva* inllanee. endanger plea For* rofe up^ Ivifc pet* gh it wa# yevidti ia d to fur^ freeitfait' •e happl-* itm pro- what he that our- le towni^. ply, thsrt J would n- libetty' f Bofton dodtfoC our i P ) lotir omCerSf mihtary difcipllne, artillery, and pe- cuniary refources, they do not difpute : but flatter themfelves thefe advantages will be balanced by theif union and number : and that more vigorous exer- tion and perfevering fteadinefs are to be expei^ed in thoie who fight from principle^ than, in hien hired to hazard their lives for fixpence a day, and who by running away may earn two fhillings p ...y for their work 5 or get land, where they may live plen- tifully, and provide for their wives and families. They believe that ail the military force of the mor ther country is unable to conquer, or if conquered to fecurc the fubjedlion of their wide extended con- tinent. In the firft, I fuppofe they will find them- felves mifhiken, and that Britain, though with greater difficulty, and at a more enormous expencc than adminifkration once apprehended, may turn a once fruitful and flourifhing country into a v^afte and defolate wildernefs ; rival ftates with pleafure, perrri ting conquers, from which, though our fleets and , es may reap laurels, they alone will derive proLi.. We may probab') pull down American grandeur, but in pulling it down, we bid fair to bury the honour and happinefs of the Britilh em- pire in the ruins. Or, if America, without being ruined, Ihould be fubdued, if to prevent her utter deflrudtion, fhe fliould fubmit to terms of pacifica- tion that appear to her ciniel and unjuft : Is it not probable that refentment and hatred againft Britain will be tranfmitted from father to fon, and the firft opportunity feized^ of ftiaking ofFthe galling yoke ? Meafures of fcverity may increafe Our power for a feafon, but the affection of the colonies alone can render it permanent. A little yielding in this criti-^ cal feafon, may in no diftant period prevent our lofing all. From the vafl: fleets and armies that have been fent to America, from the great majority in favours of adminiftratlon in both houfes of par- liamenti and from the weak and inconfiderable op- > ' ■■ f - : ■ ' polition ■ -j 11* ' I '■!l ■ ' &-I ( s* ) ■ ■ ' pofition miidc to thcfc meafures in moft parts of the Vjnited kingdom^ fober-minded Americans muft dread the moft calamitous confequences from war .with Britain, and be difpofed to make every conr cefEon that they account compatible with the fecurir ty of theiv liberty. If we alk more, we may drive them to a dcfpair, which, when too late, we may .repent our having provoked. A foreign power a| war with us, m^y fiirnifh them with the means of becoming independent. Or, as Governor Pownal 'has conjectured ^*), " A commander in cjiief of all North Ameripa, in the poiTeflion of his po^er of levying forces and carrying on war, like another Monk, may negotiate to deprive the prii^ce of his power, or the fubjcCl of liberty : nay, when tl^e na- tion is engaged in fome future dangerous war, may er?^ a new empire in America." Our artful and ^ambitious neighbour, when ihe perceives us fufEr ciently weakened by an expenlive and bloody con- tention with our colonies, may attack us when mo0: •unable to refift. At leaft, it is not improbable, that in fome future ftruggle with our naturril enemies, we may fatally fuccumb, for want of thefe affiftan-ii ces of men and money, which, had we afted a wifer part, the increafed number and wealth of our cplo- nies would have enabled, and their affection andl gratitude inclined ihem to have /urniflied us. To fome, who diilik? the Colonlfts for their attachment to revolution principles, and to the illuftrious houfe of Hanover, and who wifh the crown of Britain on the head of a Popifh px'ctender, this may appear not an evil to be deprecated, hyit a confummation devoutly to be wiflied for. For that clafs of meuj^ the foregoing flieeis were not intended. An honef^ Tory, an honeft Jacobite, I rd'pe^t. Though I de- fpife and detcft the principles of pafllve obedience, non-reliftancc, and indefeafiblc hereditary right j I venfcrate and love the men, who from a confcientious regard (j) ^^ownal's adminiflration, part I. p. 97, , a - ^ ( 53 ) regard to tlicfc principles, have rifqucd or forfcitei their fortunes or lives. But I cannot refpeft, I muft deteft, treachery and deceit. I cannot refpedt the men, who call themfelves the king's friends, nay claim a monopoly of that title, or at leaft wouM exclude from it every Whig who underflands his principles, and thinks and - adts confidently with them; while they rejoice in thc'profpeft, that the contentions of our fovereign*s true friends, may overturn hi^ throne and Britain's liberty. I would not involve in the charge of fuch black diffimula** tion, any whofe words or actions have not givQa evidence of it. I acknowledge, that men who con- demn the revolution, may be confcientious fubjedts to his majefty, and I well know fome of them, who would deem rebellion againft him criminal. Tet furely, fome'jealoufyj that there may be a fnake in the grafs, is almoiV unavoidable, when individuals and communities which till lately laboured under the ftrongeft fufpicions of 6.ifsiffc6kioh to government, commence, all of a fudden, tlie mofl zealous advQ^ cates for the meafures of adminiftration; - t" - '-^■ . ' '"J A ^ w<^ ifii^ #•1'. Timeo Damos, et donaferenteii V "J FINIS. . If ' «■• II. •1 f , ■ %^ :*i ■ J'i ftif'^t ^- [Rrice Two Pence] L»» An^ fold by W. Gray, at his Shop in £ the R^al Exchat^ge, Edinburgh, Tbf Equity and Wisdom of Admi- ' msTRATioN, in Measures that * • • , ; J^TC i^ahappily occafioned the A- xnerican Revolt, tried by the Sa^ GRED Oracles. .r-^ iMi^'i ':t' ■i >!<. ' ?l w , --u. *■ ■ *•; s ^>'-' IfOlU a:i