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Fi-exney, near GrayVinn Gate, " Holborn. 1765- (Price One Shilling.) i ERRATA. In Page 5, for anfiocratical, read " ariflo-' craticair In P. 8. for Submiffion into, read Submif- fion " In toto'y' and for interrupted, read " uninterrupted.'* In P. 13. for Warrento, '' rc2id ^Farranto.'^ In P. 17. for refque, read " refcue" In P. i9.for theoritical, rt^d'' theoretical'* In P. 20. for ipfo Fado acquired, read ipfo Fadlo '^obtained*' In P. 23, for Provifion of, read Provifion 4 % A E T T E R U FROM A »r >>9 k GENTLEMAN 111 London, to another in the Country. Dear Sir, TFIE Behaviour of the North Ameri- can Colonifls upon the Subjed: of the Stamp Duty, illU continues to be the f^eneral Topick of political Difcuilion; many People concurring with them in tbeir Ideas of the Oppretilon, and the wi- fer many (in my Opinion) infilling with the Mother Country on it's Right of pre- fcribuig fuch Laws, and raifmg fuch Sup- plies amongil them, as the Exigence of our own, or their, internal Situation may fueeeft. For mv Part, I really think the ^^ ' B Matter •^1 ( 2 ) Matter iii DifpiJt':; lo he of nnich pjrcatcr Confcqucncc lu this Country, than ininy, \vhom I liavc convened with, aitcdt ro confidcr h : A few RciTiincnts, lay thc^, well appointed and properly diflrihutcd arnor.oll thcai, will foon bring them to a juii Senfc of their Duty, and th.e Stamp AO: be as familiar thiCrc, as the Land Tav is here ; but I take it to be a Matter of ir.nre ferious Attention, and to be recon- ciled by a much nicer Condudt, than any of thole tumultuous Aflcmblies and Mur- ip.aTinG:s which the Cvder Adl has occafion- cd in many Counties, may require: Per- haps, at the fame Time, I may not be very much miflakcn in my Conjedure thac tills little Specimen of Difobedience to legidative Autliority at Home, may have tiicouriiged our Bretliren to an Imita- tion of th-c fame lawlefs and undutiful Car- riage Abroad: 1 will not, howcv^^r, ar prc- I'ent, la!H)ur the Coniparifon which would prove the above AlfLrtion, as it would lead me into the Argum.ent of a Subjedt which ought only to b^ revcdved in a Man's mod fccret Thoughts, or agitated in his Majcfly's mod kcret Councils ; for I think tiiat this Queftion, " Whether an Itnpati- *' ence of Parliamentary Authority by the *' Inhabitants of this Kland, or a general *' Revolting and Difobedience to it by cur ** Colonics, \ m t.'K an fin fo: v.'i Pa lOi !ei 1 I V ^ ( 3 ) " Colonics, be of the mod dangerous ** Tendency ;" would, ii- critically confi- (iered, furnilli our Ent:n)lcs with too cir- cuuiliantial a Knowledge of oui* dome- . Hick and mod incereding Derangements. I have read all the Remonltrances and Refoluiions of the ievtral Colonics, with the Letters tliat have appeared in Support of, and alfo mofb of tl.ofe Publications that liave been defigned as Anfwcrs to them:—' The WeakneCs and Impropriety of this Tax feem now to be confeffed on all Hands, but the Legality or Illegality of the Mea-- lure, neitlier clearly afferted by the one, nor irrefragably refuted by the otlier 3 You therefore, my dejr Sir, flatter Mc too much, in defiring my Tliouglus in a Matter that would do Credit to the mofl able Pens of Government ; but to fliew my Readinefs in complying with your Requ^irfl, and ac the fame Time /;/>* Dcfire of Informatior , and to have my own Doubts in this Bu- fmefs cleared up, I il)-dl proceed 10 lay be- fore vou my Sentiments, fuch as thev are, with Rcfoedl to the Jurildiction of the Parliament cf Great Britain over the Co- lonies. In this Quedion I co'icelve, that ncitlier the Policy or Objccl: of an Ad of Parlia- ment, are to be confidered as the Means for determinin!>; the LeEaliiy of the Duty it B z enjoinfj ( 4 ) enjoin?, or tlie Tax it impofcs: I could willi, therefore, to have h;:cl all fnch Con- fuiriMtions thrown out of tlic C^Micili(>n, and that thofe, who Ivavc fi v.rnliy ;un'fnpt- ed lig^lly to arraign and i'.ifllty this Pro- ceeding of the late Miniilry, h;!d (luck dokly and honeftly to tliis l^oint ; " WliCtlier ** tlic Parliament of GicarBiiLiin liaih, or ** haih not, an inlK-cr.t Right of include " ing in one general Act, (let the Purport *' of that Ad: be what it will) All his ** Majcfty's Sii!jje([l?, as well thofe inhabit- ** ing the n^.oft didnnt Dominions of this " Realm, as thofo relMingin it, and more ** immediately the Obieds of it's Statutes *' in general: " Every xMan in the leafl con- verfant in the Nature of our.Conffitutiori will, 1 believe, readily admit and fub- feribe to this fupreme and difcretionary Right ; a Right which never haih or can be impeached, but wiien it is unconftitu- tionally ex'ertcd, and tends manifellly to the Subverfion and Annihilation of our Liber- ties, as eilablilhed upon Principles of na- tural Jullice and Society. 1 would yet ) inform tiKle Ufurpers, tb.cfe Afpirers to u Co-jurifdii^ion with that Body wliich is able, , at any Time, to cruOi tl.cir P^x- lilence, as a Puhlick, th.ir. the Statutes of Great Brirain miav, bv foecial Wordf^, bind Kvea tbe People of ircUmd to an Obtdi- j en; % i'i k ( L ) ;f :hlLr.ifi I encc cr tiicm ; not\^ private internal Policy, it i; ad.ftnK!! Kiii^- (ioin of itfelf, and hath ParliaiiKMUs of lis own ; whole Regulations and Ordinances, how^'vcr, like thofc of the Colonies, grow up into Laws buc at the Dd'crctioii ol the Kin;?; and his Council. It is of the Narnie and EiTcnce of all huir/an C]ovcn^mcn'.s,thar afupreircand ab- T'diitc Jurildidion fliould be lodged ion)c where : In foine Coiintrie^^, a (icrpotic atul liercditJiy L^ower is veiled \n the l*trlun ofone Man; in oilicis, it is delegated to apirci- cular Rank; and in oihcrs attain, to an in- ferior e'c-itive Numb'^r of Men ; biK the Wirdoni of our Aiiccliors, niatnr.lv weicrh- in;>: (he genuine Meiiis and Dements of inon.ircliical, ani'locra;ical, and deinocrati- cal Syftems, and gleaning from each it's fa- lulnious, ',i\vA rejecting it's noxious ()jj^al(- tie9, ]ia;h, fiom this variegatul Sample, modelled ns into the moil admirable M'\- tUTw of them all, and intrulltd t'le wl.oh n.itional Power and Audioriry witli a P.:r- liament: To rliis n)Oil: puilVmi Co .- y'r;'// ^'.'i P/ /- vi/i'gi's cf tbcjc fft'C brrii Ln'^Ujhmou but have rcccivcil i!v;t iiiiiicrm, iir.qucllioncd Obcdi?p.cc duo to ilu'm, nnd b:eii atrcr.dcd witii all thole puMic 1). ncfus, which the piircnid Arfedioii cf the IJiitilh Pa:liiir.c:it mi'iinr, indilc riminat* ly, to cliiUilc to liH liis Majclly's Snhjcd^. line here, {w'j the Ccntlcmcn, cur Vcr- tunes arc vantcnly fp^^rted wiji by liu Aflcmbly in which \vc r.rc not reprcfc-ntcd, and conlccpicnrly, by tb-e Con flitution of which we arc Mcnibei?, nii[;ht not to hz bound by its Decree?, — From this iiiny h^ difcerned the Principles unoa which this treafonablc Oppofition to Government is now judified by the Colonics, as a parrio- tick Jealoufy and Refentmcnt of a Si:h- jugation to foreign and nfurpcd Power, n'ld a laudable yljTcrtiGn cf the IViplh a?ui 7 V/- vileges of EiigHjh7ncn : That is, lb Ion?; as the Parliament of Great Britain will Audv and frame A6^s for the Emolumeni: tj[- i*beir particular Provinces, they will never complain of their Charters being at ticked, or the Prhllcrcs 01 tiieir AfiembHes invaci- ed ; but the ?vIoment it ^Q'lid:, amoni^fl: thcni a Law calculated fcr the Benefit and In- demnification of the Mother- Country, they inflantly take the Alarm, feel for their Li- berties, and join in one comtnon Adl of Re- bell ioa { 8 ) bcllion againri: tlie Jurlfdi-fllon acqiilcrcccl under by tlKin iii the firil InllaiK-e, bur \vliich they arro^;;ue to theiiiillves n Righc ot dilpu'.in.!; and dihilhjwhu.^ in rlie lecoiid. Accordin'j; to my i\otioi^iS of ihieEn^liOi ConlLinuioii in particular, and iiideed of all liuman Govciiraienrs in general, there can be no quaiitied- partial Allca:iaiice or ,Obc~ ciieiicc to the Laws: thev exadt from all an implicii: Subn^ifiion i/itc, and with a fo- Vv.reign Suptrintendency watch over the A(^tlons of every Individual: To fay then that liie Colonlils have a riirht of iudiiintr fer tljemfcives what Laws they ihall obey, ^w\ which they may procefl againft, is, in LtTcel, lo in veil them with a Right ineoni- ratible with the Oiiices of Subjeds, ai:^i ut- terly fubvcriive of the EjkI of i^ll huni.:u liiititiuions. And yet, extraordinary as it may apptar, tlicir Condudt in.tlie Bufincfs in i^cihon, Ja Jiir as it ?naintaim the III e- gality of the late AB^ doth luofl certainly befpcah them poffjfled of the two hcttro- pcpeous Fondliujis of Lawgiver and Sub- jecl, and is to be accounied for in, no other Manner. ^ . • . . • ,.■-,■ From the general Principles of Govern- ment, a:, well as from a long Pradlice and i:iienupccd Courfe'of Proceedings amongd <;uri.clvcs, may this Jurifdiclion of the Par- iiuinent b: clearly afccrtahicd 5 tlie condanc iminemo- .■i '^ red lull air can )bc- all . io- the then :)bcy, s, ill tom- ^ ut- .uiuii ' as ic ifincfs •uinly ctcio- Sub- > oilur overn- ce autl ondanc ( 9 } Immemorial Ufage of all Nations fan(flif]es and approves it's Title to it; and if the Coloniils ever really thought them^felves in- dependent of this great Council of the Na- tion, how comes ic that they have fo long fuhmitted to the Prefcription of thofe many Ads of Parliament, whofe Influence hath, for fuch a Length of Time, been extend- ed over them? And yet the Foundation of their Plea of Non-fubmiflion to the late Act, would have obtained and been juft as good an one, for the f?ime Reafons, againft all thofe former ones. It is to the higheft Degree, therefore, abfurd to confi- der this Qneftion in the Light they have put it; it being to be determined, in fny hum- ble Opinion, upon a Confidcrationof the Re- lation between the Britifh Parliament and the Colon ifts, as between It and the Sub- jeBs of Great Britain at large, as I cannot find by what Law they have been emanci- pated from this State of Subordination, in common with the Reft of their Fellow- Sub- jedVs. The Liberties of the Colonifts, I appre- hend, can receive no Diminution from be- ing thus held iii the fame Point of View and Degree of Eftimation, with ihofe of the Mother-Country: on the contrary, I don't know but 1 may be tcld I luve been too liberal in the Coiuxllion, which 1 have C thus ( 1= ) thus made them ; and iiukcdjAridly fpeak- iiiir/u may perhaps upon iLnquiry appear un- w arrancable ; for, was it within the Compafs ot my prdent Delign toentcr into a progrel- live Recapiruhttion of the different Modes, by which the Ibvcral Colonies have become Paictl of, and annexed to the Dominions of tliis Crown, whether by Difcovery, Con- qucft or Treaties; I fear the Law of Na- tions would point fo flrongly to the prevail- ing]; Dii.lindion, between the Nature of Municipal Laws, and thofe of a newly ac- quired Appendage to any Empire, as mufl exclude them from the advantageous and honourable Fellowlhip I have afflgned them : I chufe, however, for the Purpofe of com- ing more fpeedily and diredly to the Point in Ilfue, to wave this Piece of Hiftory, and that their own Arguments may be received^ in the fulleft Scope and Latitude they can poillbly bear, am willing to admit their Pretenfions to be co-equal with thofe of the People of England in general. . h is one of the fundamental Maxims of onrConftitution, and that of every civilized State, that '' Newo Patriam exiiere fotejl" •, by which I would not be thought to under- fland a pcrjonal 'Emigraticn or IVithdra.iiing from the Coimtry ; but that no Subjecl can evei ihake off or releaf^ himfelf from that indiifoluble Bond of Relation and natural Allegiance i t t J ifs I 4 ( II ) Allegiance he bears to the Tawp of his Country, let him be at ever fo great Dif- tance from its Seat of Governmenr ; fo far from it, his Country harh a Right to expect tbatZ't' always entertains thofe Sentimt nrs of Attachment and Duty as a SiibjeLl, which /Zv, as his natural Sovereign, hatii an nn- queftionable Right to call forth into Ac- tion in any Shape, and whenever the Necef- fities of her Situation mny demand it ; and which he cannot rcfufe, without expofmg himfelf to the hi;;hefl: Cenfures, and a For- feiture of that Protedion under her Cover- ment which is the Return for Fidelity and Obedience to it. — The CoKmiflp, by their Adliong, feem to be imprcdldwith no Inch Ideas at the Bottom, notwirhflnndingi; their confident Appeals to the Englifh Conilitu- tion ; which rather feem fo many Infulrs up- on, than modeft well-founded References to its Principles, for the Redlitude or Ill?g.il;ty of their Proceedings: It will ever cherifh and redrdfs them as Members of it, while they conduct themfelvcs as fuch, but it will be too tenacious of its own Authority and the Refpedt due to it, not to diftinguiO.i be- twixt an arrogant Competition forPower and Independency, and a fnecious Suggeftion of Grievances and Opprefiion. The Subjects of Great Britan refiding in our Colonies, are not content with the C 2 FiuitioL (12 ( Fruition, ?»s Individuals, of even Immu- nity and Privilege of native Enn;lilhmeji, but they would atienipt to prove theni- felves entitled to mere: As a Body, or ae- gregate Community of People, they cer- tainly are poffcfjcd of noih\ that can re- trench or check ihe Powers and Pre-emi- nence of the Parliament : They derive and enjoy the Bleflings of the former, in com^ mon with us all, from the Hnglilli Conflitu- tion founded upon Principles of common Law and natural Juftice ; but they owe their Origin and Exiftence in the latter Capacity, not to any inherent na- tive Privilege as Eiigl'/lonitny but to the fpontaneous royal Indulgence of the Crown ; a Power, which can never confer on others that v/hich it hath not in itfelf viz. a feparate Jurifdittion from, and Indepen- dence of^ the three Eftates of this King- dom — Confidering them in their publick corporate Capacities, the feveral Colonies and Provinces upon the Continent, can have no legal or conftitutional Exiftence which m^ay entitle them to greater Privi- leges than all the Corporations in this Kingdom enjoy by their refpedtive Charters of Incorporation : A Licence and Authority, flowing from the royal Prerogative of the Crown, to frame fuch Laws and Regula- tions, for the Management of their own do- meflick eii, iiw ag- ctr- re- mi- and Dm^ itu- Imon owe the t na- the own ; )thers ■viz. a epen- K.ing- iblick lonies , can ftence Privi- this larters hority, of the .cgula- vn do- nedick I s ( 13 ) meftick Concerns, as may bed ar.fwer the EnJ. of their Indicution, can never work fo as ro eicdt them into that Srate of Inde pen- dciicy as will jiiftify them placing their In- dulgencies in Competition WwhPrivi leges, ov^ in other Words, fitting up their Bye-Lawi in Oppofition to Acfs of Parliame?jt : For, withouc Doubt, the Ads oF AfTemhly in all our Coloiiies, operate only with the In- flencc of, and are llampcd (I hope they will pardon the Phrafe) with no greater Dignity many infe- than the Reguli .egulations of lan tne mere rior licenced Corpo ations. Upon this comparative View of the ccroorate Charader of the Colonies, with that of the feveral Corporations in this Kingdom, it is manifeft they were originally conftrudtedby the fame Archited, upon iimilar Foundations, and are all equs.1- ly circumfcribed in their Powers. .Who then can, with the leaft Degree of Propriety, compliment them with an Independence of the Parliament of G.eat Britain, when the whole Frame of their Body politick maybe brought to a Diflolution, not only by ti:iat atiguJiAffembly^ whenever it (liall judge pro- per, but at any Time be deprived of their boafted Privileges and Immunities, by the ordinary and inferior Operations of a Scire facias^ or a ^lo Warr€7itu : Whether, as a Publick, they have not lately rendered themfelves juifly obnoxious to this luft Me- thod ( H ) thod of Proceeding againfl: them, or in their private individual Capacities, to a much more fevere one, I will at prefent, in Corn paffion, forbear to dcmonftrate. It therefore, as it occurs to me, is impof- fiblc :o put any other Conftrudlion upon the Charters of the Colonics, without do-^ ing the greatelf V^iolcnce to common Senfp, and perverting the found Policy of their original Inftitution : It would likewife be working fuch a Change in all the Corpora- tions of England, as muft of Confcquence tend to a total Annihilation of Govern- ment 5 it would in Et7e6l be introducing amongft us that " divijum Impertiim^' the fetting up io many petty Republicks in the Heart of this Kingdom, as muil inevitably bring on the Deflrudion of the imperial Sovereignty of our Conftitution and it's Laws. The high Court of Parliament all Eng- li{hmen are taught to look up to, with that implicit Acknowledgment and Veneration of it's Omnipotence and Juftice, inculcated by the Principles of the Revolution ;-— that glorious Period and Criterion of human Liberty! To this great Aliembly do all inferior, miniileriai Jurifdidionsbow down; by it they may be annulled, qualified or comptroUed ; and under it's Sandtion and from it's Concurrence alone, are they per- mitted % A % ( ( ) )f- i -f netted to have anv Exiflence at all : From this Point of our Conftitution, doth the Parliament derive that mod uncontrovertible Right of comprehending in it's Statutes, all Orders and fubordinate Societies of Men, without any Nectffity of previoufly refcinding or repealing their Charters of Aflbciation : It is poliefled of the Power of doing either, and the Non-ufe of the one, can never invalidate the Exercife of the other. " • * ' Bur, fay the Colonics, **that not being re- prefented in the Britifli Parliament that Alfcmbly hath no Power to tax us, and for this we rely upon viagna Chartay As the Authority of the Britifh Parlia- ment is now, for the firft Time, called in Qucftion, becaufe it hath prefumed to create a Tax amongft them, the Article of mag- na C/3^r/^7,which is to bear them out in their Appeal to it, I take for granted mu(l be that which provides, *' That no Man (hall " be difleiffed of his Freehold, 6cc. nili per ** Judicium Parium vel per Legem 'Terrca :'* I fliall be glad to be informed whether, if the Law of Parliament be confidercd and allowed as Lex Term, (as it moll certainly is) an ji^f of Parliament be nor at lead of equal Signification and Authority ?. I can find nothing in magna Charta that will bear % contrary Interpretation to this Inference. • • " 1 iiac ( i6 ) That great Charter, or rather peremptory Aflertion and Confirmation of the primi- tive natural Rights and Liberties of the People of England, was introductory of no new Laws, but in Oppoiicioii to the rl en dangerous and increaling Advances of the Prerogative and kingly Power, only decla- ratory of the ancient pure and peerlefs Au- thority of the common Law; the Pa- rent and Guarantee of all Statute-Law :— But with fuch Blindnefs of Enihufiafm do the Colon ifts worihip their feeble Charters, thefe Divinities of their own forming, that by them they not only look upon thcmfelves fccured in the common Rights of the Mo- ther-Country, but promoted to fuch tran- fcendently fuperiorones, as will eclipfe and d if parage their Luftre and Excellence 5 in Fadt, that becaufe they have been induced, for their own perfonal Emolument, volun- tarily to tranfport and alFociate themfelves under the King*s Letters Patent, they not only have carried with them all the Rights. and Immunities of their native Country, but are become releafed from the common Obligation of Obedience to the Laws : Such> however, is the peculiarly happy Nature of the Englifh Conftiiution, that as the King by no Ad of his, can abridge his Subjedls of any of it's Benefits, fo can- liot he ever elevate them into a Condition to dif- I tory in.i- the f no t1 en ihe ecla- Au- i Pa- V : — m do irters, , that felves : Mo- tran- feand ce 5 in duced, volun- nfelves ey not RightSs ^untry, )mmon Laws : happy ►n, that abridge fo can- lition to dif- 1 I ( '7 ) tVifpcnfe with, or mutilate the Authority of It s ^uprc.mnc The Wifdom of thit K ij.n (o cop.fpl- cuou^ in tlic Annals of our Ijiiloiy for, and the Bafis of whofe Renown was fiHindcd upon, it's accurate Knowledge and Prckr- VLition of tlie Rights of human Lihcrty, f .^ernspropneticallytoliaveanticipatccunerNe- ceflity of reco[;;nizing thcPowcr now difputed hy the North American? : It was wjth .a View to refqi'e the Briii(h l-egiliature from all ObjedVion to it's Jurifdidlion, and to ic- prefs a Frowar hicfs whicli hatii {iucQ broke out almoft into adual Rebellion, that the Adl of the 7 and 8 W '3. C. 22. b.ath fo c;r- prefly declared and relcrved th^ Power of the Parliament overall the Colonics j for, by that Statute, it is ena«ltcd, *' Tl^at all Laws, Bye- Laws, Ufigcs and Cuftonis which (liali be in Pradice in any of the " Plantations, repugnant tc3 any Law n^.ade .** or fo be wade in'::'is Kinj^doin relative to "' the [aid PhuUatiors, ([vrAl be void and* of " fione Etled : " Th'^ Claufe alone, ab- flradled from all other CcHiilderations, ought furely to be a fuiiicient Ri fa tat ion of tu« very fingular Claim of the Coloniils:— But to follow them in their own Reafonings. The Exemption lro;n Obcdiei'ice to the Briiifli Parliament infidcd on bv the Colo- nifls, refts (if I underltAnd them) upon this ■• • • V ' ■ ' iinel: i \%' fing\e Re ( 18 ) fai p":i' A before, 1 ^'o" •;.7.- dcr with as nu>ch r^'"PSh,^^ebeen fo long Aas of P-^'>'-;-'^" ,^^^i' ;^ ''But it really is . in Force "y'^*^ .^7" ^^ 1 am ataLofsto of fo novel a <-*«' i[" p,.„ciples or Sy- guefs kom what P^^f " / '^^.e^ borrowed im of Goverr^rnent t^y ha ^^^^.^^_ it •, fure I am tho tha the h. g ^ .^ ^^ ^^^^^ tion could never have lu^S parliament ate binding and concluli i ,^f^„ ieas of this Ifland.becauic, D) .^ Reprecmt.^/;. '^^J^^^ ,^ „„iy one of S"f.aCS'We^ n'-^'to'SStn^SSad^^^^ ticabie to ke Utera. y ^dminiHiation of to in the Mechani m and a ^^ ^^^ _^^ great and P^P^^^"";. "^^e .^carried into Exe- ^""""^'^^itftoT Duration, that are ed, and bid ^^"f^ ;°'ft equitable Arrange- eftablifccd upon the molt equ ^^.^^-^^^^ --r^'^'Sr bf Wi dJm and Equi- of Manku'.d : Upon tlic p .Nation of ty of '^'^^^^^^Tiid 3d it\vas to obviate our Coiilti'.ution l^ia, a-" ^^^ :tcd idcr t a- jed, lole long 1 is '^.s to Sy- owed ftitu- them, iment ; Sub- fump- y their in the one of of the iciprac- idner'd tion of far iis to Exe- adopc- hat are .rrange- elations d Equi- tion of obviate and I ( X9 ) aiul aiT!;! the t>bove Ihpothefn of LaWy that the Lcgiilature hath lb pcrfpicuoufly pre- fer ibed the only f^'iifible Means of attend- ing to ir, by regulating the Rights of repre- fenting, and being reprefcnted, in this great Council of the Nation : And yet, ideal and theoritical as this particular Pojiulatum (if I may call it one) certainly is ifi itfelf] fuch is it's Recommendation, that the only pofli- ble Method of reducing it into Pradlice, depends entirely upon the honed Emulati- on and Induftry of the People ; and confc- quently, that as the Attainment of thofe Qualifications which are to beget in them a Right of Admiflion into this Share of the Legiflature, muft be the Fruit of their own Endeavours, fo is the Subjedt hereby ration- ally foreclofed of all Objcdlion to any Ad: of Parliament that may, at firft Sight, feem liable to it upon this Account. The Dodrine of the Colonics not only diftares to, but ftrikcs at the very Root and EfTence of the Conftirution j and indeed the Example might be of the moft calami- tous Confequcnce to the Stare, if Englifli- men were, at this 5^ime of Day, to be in- ftruded in their Privileges or Duty. And by whom are our Underliandin'^s to be now illuminated, and this ncvv, unhtrard of Code of Ric/hts explained? — By a fit of Indivi- of duals who, before tiiey wi'Jidrtw ilv^mlelves D 2 into C 2D ) 1 ito i!^c Colonic?, liavinf^ no Ri^^ht of re- prt'lcming in, nor, (moil: probably) of ibjdin;?; others to, the Uritilli Parliament; woultl now dcliule us into the Belief oF tlicir haviig, ijjo fathy acquired, in a newly acquired Territory, ^/^^//, which they had not arrived at the Polldlion of, when in their own: If, by their Charters, thty are empowered to eled Members to the IJritilli Parliament //'o//^ amongft "Themjehes^ liich provincial Reprefentatives may join, and will be admitted into, this great Coun- cil ; but if their Charters are lilent in this Kefpcd:, they then certainly fland upon their original Footing, and their Right of Rcprcjciitation is reduced to the fame Me- rits, and is to be adjudged by the fame known fettled Rules andQu_alifications which ejlablijb that cf the whcle Body of the King" . ilom. To fuppofe, therefore, but for a Mo- ment, that this Claim of the Colonifls is impregnated with the lead Particle of Reafon or Juftice, muft neccffarily involve the whole Legiflature of this Country in the Guilt of the moil erofs Iniuftice and Opprefiion: To admit their Exceptions /(? the Legality of the late Stamp Adl, wou*d, in Effc'd, be releaiing Millions of Subjcds from their Allegiance to tlie Laws, and, at one Blow, demoiiiliing every Ad; of Parlia- ment as ( «I ) mciu that was ever hitherto made: Thei can have no Pictence to this Exrmption, that will not hold gooH and he transferred to ahovc fcven-eights of i[se Subjedts of this I Hand ; for certainly tbofe ivho are neither I'rechfiLrs in Count ies^ nor Burgcjjh \n 'loicns Corporate (the unreprefcnted Part of the Nan' en y in the Senje of the Colonifls)y will be intitled to the Benefit of the fame Pica, whenever they fliall be difpofed to difpute an Adt of Parliament. Thefc, Sir, are my Thoughts upon the Queilion, how far in Point of Lai^, the Colonids are bound to an Obedience of every Adl of the Parliament of Great Bri- tain, ivherein they are exprejly named-, I ha^^e fubmitted my Notions oi it's Omnipotence, as being, upon the principles of the Re- volution, the only natural, conftitutional Seat of compleat Jurifdidlion in the King- dom ; I have confidered the Extent and DifFufivenefs of it's Authority over all our Dominions, upon the Pradtice of our own, and from that Chain of Connexion and De- pendance, which has ever fubfifled between the Mother-Countries and Colonies of an- cient and modern Times ; and I have, for Argument's Sake, examined into the Plau- fibility of their Plea of Non-reprefenta- tion : From all which, I think, may be very fairly deduced, tliac the Britiih Legi- flaturc r 5'! ( 22 ) (lature hath done nothing but what It hac^ full and confi'itutional Fower to do ; and that the Colonics, by having denied and refifted this Power, have been unfor- tunately hurried into a Condud, tindured with an Offence, bordering too nearly up- on the worfl Species of Treafon j — a Trea- fon againft the State. How far indeed it may be a Sfep of Po- licy to lay a 7'ax upon the Colonies, appears to me to require a Difcretion of a much deeper Reach, than the ordinary Bufmefs of Adminiftration in raifing Supplies a- mongft ourfelves : IVitb Usy the national Ability to pay, and the general Bent of Men's Difpolitions towards a new Tax, are commonly well underftood before it receives the Sandion of a Law j the Le- giflature having ample Opportunity of in- forming themfelves of the Pradicability of the former, and of reconciling the Minds, of the diffatisfied, to the craving Necefli- ties of the State ; but I fear the prefent Caufe of Difquietude hath proceeded from an unpardonable Ignorance, and too great a Contempt and Difregard of both. The Word TW.v, even to our Ears that have been accuftomed to the Sound, hath now loft much of it's Harmony, and ought but very fparingly to invade thofe delicate Organs i and altho' the Americans, from the : It do y lied for- ired up- rea- )ears luch inefs js a- ional \i of Tax, )re it ; Le- >f in- ity of Vlinds. ecefli- refenc from I great "S that , hath ought Iclicate , from the ■^ \i ( 23 ) the Pfotsdion afforded them in the lafl: War, have contributed to the NeceiTity of their lifl;(rning to it's unmiifical Din as well as ourfelves ; yet, to fofcen, and familiarize to them it's HarHincfs, it will behove Ad- miniftration to proceed v^ith the utmoft Circumfpedlion and Addrefs, left by the fake Policy of a temporary Relief only, we hazard the Accompliftiment of our Views, and the Reimburfement of our whole Trou- ble and Expences incurred upon their Ac- count. How uninformed, precipitate and ill- judged, therefore, muft have feeen thofe Councils that advifed a Meafure, which, in it's Execution,, hath proved fo grievoufly burthenfcme, and expofed the Honour of the Britifh Legifiature? In this, however, the late Mijiijlry have but made a fatal Ad- dition to the Blunders of their inglorious PredecefTors the Peacemakers. — Who hut a Set of Men utterly unacquainted with, or Enemies to, the real and incrinfic Interefts of this Nation, v/ould have given up folid, immediate and permament Advantages, for the fpeculative, cxhaulling and precarious Acquifition of fo extenfive a continental Territory, the ordinary Provilion of whofe Government muft be fo incumbring, and the Cultivation of which every Day more and more endanger our Poffeflion and Do- minion "% HI. f*l?' ( 24 ) minion over it? Whereas, if the Rfip;e for an Encreafe of Colony was, at all Adven- tures, to be fed ; why was not tb.e Attenti- on of thefe our notable Negotiators direded to the already fnrled, and more abundant- ly profitable, lilnnds in the French and Spa- nilh Weft Indic^: ; where Property and Loy- alty muft have gone Hand in Hand toge- ther, and the private Riches and Profpenty of Individuals promoted and fecured, only by their Reliance upon, and the Protedtion of. Great Britain. — But this is a Digrefiion. Sanguine as I am in the Caufe of the Eng- lifh Conftitution and of Courfe, zealous for the Honour and Power of the Parlia- ment, I (hould be very forry to lay under the Imputation of Acrimony or Malevo- lence towards my Fellow Subjedls of Ame- rica, or to be fufpeded of harbouring any Sentiments derogatory to the common Rights and Freedom of Mankind in gene- ral ; the Importance of the Queftion, which as I have difcuiled by tlie beft Light of my Underftanding, fo did I wifli to treat it with Temper and Candour -, and ahho' the legal Confideration of it hath unavoidably led me to pafs a very heavy Cenfure upon the Colonifts ; yet, as a Friend to Impar- tiality and the Intereft of my Country, I cannot quit this Subjed: without animad- verting, ilill further, upon thofc Mcafvircs f I ( 25 ) f>f the late Mmiflry^ which, in my Opinion, have foiely given Birth to this complicated Tumult of publick Difcontent and Difobe- dience : The latter of thefe Evils is moft commonly, the Confequence of, and engen- dered by, the former; are not T^hey therefore to the laft Degree culpable, who, by a wan- ton, ill digefted and inconiiftent Proceed- ing, adminifter even the Poflibility of an Exiftence to either ? Allowing the Colonifts to have been moft juftly reprehenlible, yet Juftice and a politi- cal Regard to fo numerous a Sett of Sub- jedts, fliould, and I dare fay will, difpofe the prefent Adminiftration to a patient and favourable Difquifition of their Remon- ftrances ; and notwithftanding, in a natio- nal Confideration, no perfonal Hardfhips can ever operate as a Jujiification of an Op- pofition to the legal Ads of Government, yet I am inclined to think, that, upon a candid, difpaffionate Review of the feveral Regulations and Reftrid:lons,laid upon them by the late Minijiryy we may trace the Source of this (almoft univerfal) Defedtion, and be conftrained into an Acknowledgement of the Reafonablenefs of what they alledge, /;/ Extenuatkn of the Heat and Outrage, into which they have been perfecuted. The little Knowledge in the Ei glifh Hiftory that I am furnifhed with, doch not prefenvXo flagrant an Inllance of Incaj acity E (to I I 'I ll' '( 26 ) (to C\y no worfe of it) as tlie late Condudl of t/jo/e Minijhrs^ that hath thus improvi- dently/laitcd aQueftion, which theWifdom of Government ought, moil cautiouily, to have prevented being ever theSubjedl of pub- lick Difcuffion : /. n injudicious unfeafonable Exercife of Authority, will, but at befl, extort a forced and temporary Obedience to it,- but when the Requifition of a Ser- vice, comes accompanied by an Ademption of the very Inflruments, by which alone that Service is to be performed jwhat Symp- toms of Indignation will not, immediately, break out upon the Abfurdity (not to fay latent Mifchiefj of the Thought? That Plan of Policy which aims at the Attain- ment of an End, at the fame Time that it profcribes the MeaJiSy will be under the Neceffity of recurring to more than human Demonftration, to convince the World it hath any Thing,at leaft any Good, ferioufly in View : Nay, it is fuch a Contradidlion in Nature, that it can only either be produc- tive of Abortion, or the moft monftrous, preternatural Superfastation. The Neceffity of fome Tax upon the Co- Ionics may, I readily grant, appear from the alarming Situation to which thepublick Finances of this Kingdom have been re- duced ; but the very oppreffive and repug- nant IMiUner in which thii hath been pro- pofed to be levied, ihevvs how fatally the Juflice I ( 27 ) Juftice of Parliament may be impofed upon, by a furreptitlous Acquifition of it's Sanc- tion to the Views of an ignorant, or infidi* ous Miniftry : Can it be fuppofed that a Bill of this Nature would ever have pafled into a Law, if the Legiilature had not been kept from a Knowledge of thofe fecret Ma- chinations, which were to counteradt and defeat the Purpofes of it ? No ; the Parlia- ment could never have join'd in the Mocke- ry of fuch a Tranfacaion, had they fur- mifed the Miniftry already had, and at that Time were, induftrioufly devifing every poflible Method, for the Prohibition and Extermination of a Commerce fo highly be- neficial to this Country, andy>c;« whence tf- lone could be derived to the Colon ifts the Means of affording us that Supply demand- ed of them : It is too injurious to the Hon- our of this illuftrious Body, to conceive that they could ever have united in fo igno- minious a Confpiracy, or that they would have countenanced the Exadlion of a Pay^ ment in Money^ when the moft effedual minifterial Stratagems had been purfued, how to incapacitate the Coloiiijisfrom getting any. But, as it w^ere, the more efHcacioufly to bring his Majefty's Government into Difrepute with thefe People, and to infure that Alienation from it, which feems to have been the only hellKh Purpcfe of thefe E 2 trea- :ir III 4 r .1 ( 28 ) treacherous Servants of the Publick; a Ju- jrifdidion is vefted in the Admiralty Courts to proceed, in a fummary Way, in all Matters relative to the Colledion of this Revenue ; whereby the Properties of the Colonifts, inftead of being prote■•■■ -c "'"I ' ' ^ • "i • ? ' ''t ' ' t ■ . .. ^-.^*(^.-i i .-^ - ■ . -r*-- -jiv * »r • '-• .K. ^ '( ^*i - ■•'■■I ^f. • . ■ ♦ •«»*•» .).)» J**-** W*.!^' -« • ^i^: :fU- '■ f^'f. * . t 'HU a- lal us - or nd,i ia* ith ed» 3en n jte# cnt Lu- ^ro- cbi^ of jnly in- rity i ex _. ■ ft^ f ?p" #&»-i »v* •■ ?^;s,J hM^ . (1- ^f ^;#I qsm ^•3 ... -' ,-, '' »