WILLIAM L. CLEMENTS BOUND BY 52 DICKINSON (JOHN). A New Essay (By the Pennsyl- vania Farmer) on the Constitutional Power of Great Britain over the Colonies in America; with the Resolves of the Committee for the Province of Pennsylvania, and their Instructions to their Rep- resentatives in Assembly. 8vo, full olive green crushed levant morocco, uncut. By Stern and Dess. Philadelphia printed. London Re-printed, 1774. $35.00 Charles Mellish's copy, with his armorial bookplate, with marginal notes throughout. Mr. Mellish was evidently an English lawyer who wrote these legal observations as soon as the book was published. Extra-Illustrated by the insertion of 18 portraits and views, and a D. S. by John Dickinson and John McDowell of the Pennsylvania Council. Le57 Specie For £25 = 17 - 6 0 Marie Mluve Sir Intere Pay to Hommache leve th twenty five pounds for f in full for his wages February 1784 in Marcha? 1764 To David Rittenhouse Enguere Treasurer ver Rubauncilor Thilad March 14 784 rable John McDowell Esquire to seven Shillings and fix pance specie as Councillor till 29th of ages ivclusively. John Dickinson R. Preuve, the above in full John McDowell & John ure 2 Engraved by J. B. Forrest from a Portrait by C. W. Peale painted in 1770. JOHN DICKINSON. Whn Bikinis BBE. IDICKINSON ESQ Member of Congress & Author of the Letters of a Farmer of Penfylvania Pub, May 15, 1783, by R.Wilkinfon, 58, Cornhill, London. Ch. Mellish A NEW E S SAY [By the Pennfylvanian FARMER] ON THE CONSTITUTIONAL POWER OF GREAT-BRITAIN OVER THE COLONIES IN MERICA; WITH THE RESOLVE S OF THE COMMITTEE FOR THE PROVINCE OF PENNSYLVANIA, AND THEIR INSTRUCTIONS To their REPRESENTATIVES IN ASSEMBL Y. PHILADELPHIA Printed; and London Re-printed for J. ALMON, op pofite Burlington Houfe, in Piccadilly. 1774. Charles Mellish Esquire, Blyth Notts. SHT HO C Stuart Pluc Geo H.White James Wilson Engraved by J.B.Longacre from a miniature in possession of Mrs. Hollingsworth.. James Wilson Served by 3.B.Longacre from a miniature in possession of Mrs. Hollingsworth. John Dick mon EXTRACT from the MINUTES of the COMMITTEE. SATURDAY, JULY 16, [1774.]. HE committee for the [province of Pennfylva- nia] met according to adjournment. TH JOHN DICKINSON, Doctor WILLIAM SMITH, JOSEPH READ, JOHN KIDD, ELISHA PRICE, WIL- LIAM ATLEE, JAMES SMITH, JAMES WILSON, DANIEL BROADHEAD, JOHN OKELY, and WILLI- AM SCULL, are appointed to prepare and bring in a draught of inftructions. Monday, July 18*. The committee appointed to bring in inftructions, reported, that they had made a draught, which they laid upon the table. Moved, That they be read,-which was done. Tuesday, July 19. Upon a motion made and fecond- ed, agreed, that the draught of inftructions brought in by the committee, and which were read, be re-com- mitted to the fame committee. Wednesday, July 20. The committee having brought in a draught of inftructions, the fame were debated, amended and agreed to. Thursday, July 21. The inftructions were figned by the chairman.-The committee, in a body, waited on the Affembly then fitting, and prefented the fame. It having been moved, that the effay of the inftruc- tions first propofed to be given to the honourable Af- fembly of Pennsylvania, by the provincial committe * The committees of the counties having been invited, by the committee for the city and county of Philadelphia, to meet them 2. who drew it. at Philadelphia on the 15th of July; this committee thought it their duty, to make fome preparation in the bufinefs, that was to be laid before the provincial committee by them. On the 4th of July they appointed a committee for this purpofe; and this mea- fure enabled thofe appointed by the provincial committee to bring in a draught fo foon. affembled [vi] affembled at Philadelphia the 18th inftant might be abridged, leaving out the argumentative part, fo as to be more proper for inftructions, the fame was agreed to; but refolved at the fame time, that the whole work ought to be publiſhed, as highly deferving the perufal and ferious confideration of every friend of li- berty within theſe colonies. Agreed unanimoufly, That the thanks* of this com- mittee be given from the chair to JOHN DICKINSON, Efq; for the great affiftance they have derived from the laudable application of his eminent abilities to the fervice of his country in the above performance. Extract from the Minutes, CHARLES THOMSON, Clerk of the Committee. Mr. DICKINSON being abfent this day, on account of the funeral of a relation, the next day the chairman, in a very ob- liging manner, delivered to him from the chair the thanks of the committee; to which he replied: "Mr. CHAIRMAN, "I heartily thank this refpectable Affembly for the honour they have conferred upon me, but want words to exprefs the fenfe I feel of their kindness. The mere accidents of meeting with particular books, and converfing with particular men, led me into the train of fentiments, which the committee are pleaſed to think juft; and others, with the like opportunities of informa- tion would much better have deferved to receive the thanks, they now generously give. I confider the approbation of this company as an evidence, that they entertain a favourable opinion of my good intentions, and as an encouragement for all to apply them- felves, in theſe unhappy times, to the fervice of the public, fince even fmall endeavours to promote that fervice, can find a very va- luable reward. I will try, during the remainder of my life, to remember my duty to our common country, and, if it be poffi- ble, to render myfelf worthy of the honour for which I now ftand fo deeply indebted. "I thank you, Sir, for the polite and affectionate manner in which you have communicated the fenfe of the committee to me." Leldwolla PRE- CHARLES THOMPSON ESQ Secretary to Congress Pub 26 May 1753, by B. Wallonien N°55 Genhill, tenden 8.3.1 [ vi ] Philadelphia the 18th inftant might be Moving out the argumentative part, fo as to er for inftructions, the fame was agreed ved at the fame time, that the whole to be publiſhed, as highly deferving the ferious confideration of every friend of li- in thefe colonies, unanimafly, That the thanks of this com- be given from the chair to JoHN DICKINSON, or the stance they have derived from www. of his eminent abilities to the in the above performance. Chrk of the Committee. to day, on account of the Say the chairman, in a very ob- from the chair the thanks of the heartily thank this refpectable Affembly for the honour have cop red upon me, but want words to express the feel of their kindness. The mere accidents of meeting particular books, and converfing with particular men, led the trs of fentiments, which the committee are pleafed Jufted others, with the like opportunities of informa- Letter have deferred to receive the thanks, they fly give. I confider the approbation of this company they entertain a favourable opinion of my as an encouragement for all to apply them- appy times, to the fervice of the public, fince to promote that fervice, can find a very va- d. I try, during the remainder of my life, to by duty to our common country, and, if it be poffi myfert worthy of the honour for which I now indebted. you, sir, for the polite and affectionate manner in communicated the fenfe of the committee to me PRE- CHARLES THOMPSON ESQ Secretary to Congress. R Pub 15th May 1783, by R. Wilkinson, N58, Gernhill London. B.B.E. PREFACE. WHE HEN the committee for preparing a draught of inftructions was ap- pointed, it was confidered, whether it would not be proper to form fome kind of a ſketch, however imperfect it might be, of all the grievances of the colonies, and of courfe of their conftitutional rights. SUCH an attempt, tho' very rude, might be improved by better hands; and it feem- ed abfolutely neceffary, no longer to con- fine ourſelves to occafional complaints and partial remedies, but, if poffible, to attain fome degree of certainty concerning our lives, liberties and properties. IT was perceived, that if the inftructions fhould be formed on this plan, they would comprehend many and very important po- fitions, which it would be proper to intro- duce, by previously affigning the reafons, on which they were founded. Otherwiſe, the pofitions might not appear to the com- mittee to be juft. From this confideration it became neceffary to render the inftruc- tions long and argumentative; and who- ever candidly reflects on the importance of the occafion, will think fuch a method very juftifiable. THE [viii] THE draught of inftructions being brought into the provincipal committee and read, and no objection being made to any of the principles afferted in them, it was not thought neceffary, that the argumentative part ſhould continue any longer in them. The committee, that brought in the draught, therefore moved, that this part of the inftructions might be feparated from the reft. Whereupon the draught was re-committed, for this purpofe, to the committee, that brought it in. This was done. SEVERAL additions have been made to the other part, now called "An Effay," &c. fince the vote for publishing. The additions are diftinguished by crotchets thus [] and in thefe it was not thought neceffary to obferve the ftile of inftructions. The notes have been almoſt entirely added fince the vote. AUGUST 1, 1774 yon doidw dgia adoitog od RESO- To Counterfeit is DEATH. Printed by DAID HALL, and WILLIAM SELLERS. 1772- 376,276 No. 3515 TONE SHILLING. According to an Act of General Affem- bly of PENNSYLVANIA, paffed in the Twelfth Year of the Reign of his Ma- jety GEORGE the Third. Dated the Third Day of April, Anno Domini 1772. A One Shilling.§ I. Warder Ju D. Morris Jul Birdle ONE SHILLING. 1 1:88:18:8:{ RESOLUTIONS, &c. At a provincial meeting of deputies chofen by the feveral counties, in Pennſylvania, held at Philadelphia, July 15, 1774, and continued by adjournments from day to day. PRESENT. For the city and county of Philadelphia. THOMAS WILLING, JOHN DICKINSON, PETER CHEVALIER, EDW. PENNINGTON, THOMAS WHARTON, JOHN COX, JOSEPH REED, THO. WHARTON, jun. SAMUEL ERWIN, THOMAS FITZSIMONS, Dr. WILLIAM SMITH, ISAAC HOWELL, ADAM HUBLEY, GEORGE SCHLOSSER, SAMUEL MILES, THOMAS MIFFLIN, JOSEPH MOULDER, ANTH. MORRIS, jun GEORGE GRAY, JOHN NIXON, JACOB BARGE, THOMAS PENROSE, JOHN M. NESBIT, JONATHAN B. SMITH, JAMES MEASE, THOMAS BARCLAY, BENJAMIN MARSHALL SAMUEL HOWELL, WILLIAM MOULDER, JOHN ROBERTS, JOHN BAYARD, WILLIAM RUSH, CHRISTOPH. LUDWIC, CHARLES THOMSON. CAMOHT A Bucks. [ 2 ] JOHN KIDD, HENRY WYNKOOP, Bucks. JOHN WILKINSON, JAMES WALLACE. JOSEPH KIRKBRIDE, Chefter. FRAN. RICHARDSON, HUGH LLOYD,я ELISHA PRICE, JOHN SELLERS, JOHN HART, FRANCIS JOHNSON, ANTHONY WAINE, RICHARD REILEY. Lancaster. GEORGE ROSS, EMANUEL CARPENTER JAMES WEBB, JOSEPH FERREE, WILLIAM ATLEE, ALEXANDER LOWRY, MATTHIAS SLOUGH, MOSES ERWIN. York. JAMES SMITH, THOMAS HARTLEY. JOSEPH DONALDSON, Cumberland. JAMES WILSON, WILLIAM IRVINE. ROBERT MAGAW, ewno Berks.norow was EDWARD BIDDLE, THOMAS DUNDAS, T JONATHAN POTTS, 12201 DANIEL BROADHEAD, CHRISTOPH. SCHULTZ. edur Northampton. WILLIAM EDMUNDS, JOHN OKELEY, MAR PETER KECHLEIN, JACOB ARNDT.om Northumberland. C WILLIAM SCULL, SAMUEL HUNTER.I 11 MAGA 33220 COM AR Bedford. GEORGE WOODS. ROBERT HANNAH, AYA Westmoreland. Maa JAMES CAVETT.OnT THOMAS GEO. ROSS. Engraved by J. W Steel, from the original picture. Wrest ANTHONY WAYNE. AntyWayne NEW YORK GP.PUTNAM & CO. original picture Trumbull Forest BRIGE GEN. ANTHONY WAYNE. Printed by W. Pate Anty Wayne NEW YORK G.P.PUTNAM & CO. from an TP TE J. Rogers. [ 3 ] THOMAS WILLING, Chairman. CHARLES THOMSON, Clerk. AGREED, that in cafe of any difference în fentiment. e queftion be determined by the depaties voting by counties. THE letters from Bofon of the 18th of May were then read, and a fhort account given of the fteps taken in confequence Thereof, and the meatures now purfuing in this and the neighbouring provinces; after which the following KESOLVES were piffed, UMAN. I. HAT we acknowledge our TH Alves, the inhabitants Hege Rubject of they re the Britain repet diftrefa to her, tive of the bet the parent our principles entes betw Culonies with the u of mind, as to us, and de- ds of both. UNAN [ 3 ] THOMAS WILLING, Chairman. CHARLES THOMSON, Clerk.b AGREED, that in cafe of any difference in fentiment, the queftion be determined by the deputies voting by counties. s ba THE letters from Bofton of the 13th of May were then read, and a fhort account given of the fteps taken in confequence thereof, and the meafures now purfuing in this and the neighbouring provinces; after which the following RESOLVES were paffed. STV UNAN. IT felves, and the inhabitants HAT we acknowledge our- of this province, liege fubjects of his ma- jefty king George the Third, to whom they and we owe and will bear true and faith- ful allegiance. UNAN. II. That as the idea of an un- conftitutional independence on the parent ftate is utterly abhorrent to our principles, we owe the unhappy differences between Great Britain and the Colonies with the u deepest distress and anxiety of mind, as fruitless to her, grievous to us, and de- ftructive of the beft interefts of both. A 2 UNAN [ 4 ] in all cases UNAN. III. That it is therefore our ar dent defire, that our ancient harmony with the mother country fhould be reftored, and a perpetual love and union fubfift between us, on the principles of the conftitution, and an interchange of good offices, without the leaft infraction of our mutual rights. UNAN. IV. That the inhabitants of theſe colonies are entitled to the fame rights and liberties WITHIN thefe colonies, that the fubjects born in England are entitled to WITHIN that realm. UNAN. V. That the power affumed by Denial of durisdichon the parliament of Great Britain to bind the people of theſe colonies, " by ftatutes IN ALL CASES WHATSOEVER," is uncon- ftitutional; and therefore the fource of thefe unhappy differences. Deny Surisd as to Boston Bout Bill N. B. delry Juris - Dechon of Legislative in Grim Matters. وو UNAN. VI. That the act of parliament, for fhutting up the of Bolton, is un- port conftitutional; oppreffive to the inhabi- tants of that town; dangerous to the liber- ties of the British colonies; and therefore, that we confider our brethren at Boston as fuffering in the common caufe of theſe co- lonies. UNAN. VII. That the bill for altering the adminiftration of juftice in certain cri- minal [ 5 ] minal cafes within the province of Mala- chusetts-Bay, if paffed into an act of par- liament, will be as unconftitutional, op- preffive and dangerous, as the act above- mentioned. UNAN. VIII. That the bill for changing deny Jurisda the conftitution of the province of Malla- as to altering chusetts Bay, established by charter, and enjoyed fince the grant of that charter, if Chanterlight paffed into an act of parliament, will be unconftitutional and dangerous in its con- fequences to the American colonies. UNAN. IX. That there is an abfolute neceffity, that a congreſs of deputies from Congress the feveral colonies be immediately affem- bled, to confult together, and form a gene- ral plan of conduct to be obferved by all the colonies, for the purpoſes of procur ing relief for our fuffering brethren, ob- taining redrefs of our grievances, prevent- ing future diffenfions, firmly eſtabliſhing our rights, and reftoring harmony between Great Britain and her colonies on a con- ftitutional foundation. as a more UNAN. X. That, although a fufpenfion of the commerce of this large trading pro- vince, with Great Britain, would greatly gentle way diftrefs multitudes of our induftrious in- habitants, [ 6 ] yet if that will not do. habitants, yet that facrifice and a much greater we are ready to offer for the pre- fervation of our liberties; but, in tender- nefs to the people of Great Britain, as well as of this country, and in hopes that our juft remonftrances will, at length, reach the ears of our gracious fovereign, and be no longer treated with contempt by any of our fellow fubjects in England, it is our earneft defire, that the congrefs fhould firft try the gentler mode of ftating our griev- ances, and making a firm and decent claim of redrefs. XI. RESOLVED, by a great majority, That yet notwithstanding, as an unanimity of counfels and meaſures is indifpenfably ne- ceffary for the common welfare, if the congrefs fhall judge agreements of non- importation and non-exportation expedi- Non-Impent, the people of this province will join Non Exp". then they threaten with the other principal and neighbouring colonies, in fuch an affociation of non-im- portation from and non-exportation to Great Britain as fhall be agreed on, at the con- grefs. XII. RESOLVED, by a majority, That if & that they any proceedings of the parliament, of which further notice fhall be received, on this continent, before or at the general congrefs, fhall ren- will go der [.7 ] der it neceffary in the opinion of that con- grefs, for the colonies to take farther ſteps than are mentioned in the eleventh refolve; in fuch caſe, the inhabitants of this province fhall adopt fuch farther fteps, and do all in their power to carry them into execution. UNAN. XIII. That the venders of mer-But Mercht chandize of every kind, within this pro- vince, ought not to take advantage of the to sell stock refolves relating to non-importation in this in hand at the province or elſewhere; but that they ought naual Raky to fell their merchandize, which they now have, or may hereafter import, at the fame rates they have been accustomed to do within three months laft paft. any threaten to UNAN. XIV. That the people of this province will break off all trade, com- merce, and dealing, and will have no trade, break off hads commerce, or dealing of any kind with with Colonies any colony on this continent, or with nor adopting city or town in fuch colony, or with The Plan of Con- individual in any fuch colony, city, or gress. town, which fhall refufe, decline, or neg- lect to adopt, and carry into execution fuch general plan as fhall be agreed to in congrefs. any UNAN. XV. That it is the duty of e- very member of this committee to pro- mote, as much as he can, the fubfcription fet Subs to Borton [ 8 ] fet on foot, in the feveral counties of this province, for the relief of the diftreffed inhabitants of Boston. UNAN. XVI. That this committee give inftructions on the prefent fituation of pub- lic affairs to their reprefentatives, who are to meet next week in Affembly, and re- queft them to appoint a proper number of perfons to attend a congrefs of deputies from the feveral colonies, at fuch time and place as may be agreed on, to effect one general plan of conduct, for attaining the great and important ends mentioned in the ninth refolve. INSTRUCTIONS Lovgor or bayag bow bingo all of bas visiti og alol ni ser batididonda Ji doidwyd wil eris nidaiw enolieq, bruituoni vlasy own neit anived to beẞivm to allia eds Ja to el ano llspelli abanog boibaud on lo riang ada ai buoq and boyaq 200g bastos saul blo cew boa ad to spriglio di moi nougat bes noi Barios do suod si o beimmoo gai wad Jay on bark so flag Emaw od T frugs ANTIASD yes bonborg solib aw hob Lens sborglad is boobs given so of bamboo bas mens or or T. babriammoa ed bidwal to word * being suits wdr 30 2016 1019qms ad or edanom nato vita to vbildet hot noisisqen noogiv sam os neged onw smin na sila at aud angieqme gaining sds balos simvilnet 30 shovien istmest st has roifsizin arado of 19610 ping to zid Espiga A Sandw M on 591 Savoile Ravenet sculp 290371V GEORGE Prince of WALES. i dairy spamsribeMods et nombsupl. gnoif INSTRUCTIONS From the CostsMITTEE to the REPRE SENTATIVES in ASSEMBLY met. GENTLEMEN, HE diffenfions between Great Britain THE And her colonies on this continent, commencing about ten years ago, fince continually encreafing, and at length grown valach an excels as to involve the latter in Grep diftreft and danger, have excited the good people of this province to take into erious confideration the prefent fitu- public affairs. qualified bled on deputies; being rants of the feveral counties ote at cietions, being affem- inted us their Wi judgments violable Joyals CO frue is attach us, this majesty's pedes, family and government. B We GEORGE Prince of WALES. INSTRUCTIONS From the COMMITTEE to the REPRE- SENTATIVES in ASSEMBLY met. GENTLEMEN, THE diffenfions between Great Britain and her colonies on this continent, commencing about ten years ago, fince continually encreafing, and at length grown to fuch an excefs as to involve the latter in deep diftrefs and danger, have excited the good people of this province to take into their ferious confideration the prefent fitu- ation of public affairs. The inhabitants of the feveral counties qualified to vote at elections, being affem- bled on due notice, have appointed us their deputies; and in confequence thereof, we being in provincial committee met, efteem it our indifpenfible duty, in purfuance of the truft repofed in us, to give you fuch inftructions, as, at this important period, appear to us to be proper. We, fpeaking in their names and our own, acknowledge ourfelves liege fubjects of his majefty king George the third, to whom "we will be faithful and bear true allegiance." Our judgments and affections attach us, with inviolable loyalty, to his majefty's perfon, family and government. B We [ 10 ] Allow We acknowledge the prerogatives of the fovereign, among which are included the King's Berogatiue, great powers of making peace and war, treaties, leagues and alliances binding us- of appointing all officers, except in cafes where other provifion is made, by grants from the crown, or laws approved by the crown-of confirming or annulling every act of our affembly within the allowed time-and of hearing and determining fi- nally, in council, appeals from our courts of juftice. "The prerogatives are limit- ed," as a learned judge obferves, " by bounds fo certain and notorious, that it is impoffible to exceed them, without the confent of the people on the one hand, or without, on the other, a violation of that original contract, which, in all ftates im- pliedly, *I Blackstone, 237. 66 † And though we are ftrangers to the original of moft ftates, yet we muft not imagine that what has been here faid, concerning the manner in which civil focieties are formed, is an arbitrary fiction. For fince it is certain, that all civil focieties had a beginning, it is impoffible to conceive, how the members, of which they are compofed, could unite to live together dependent on a fupreme authority, without fuppofing the covenants abovementioned. BURLEMAQUI's Princ. of pol law, vol. 2. p. 29. And in fact, upon confidering the primitive ſtate of man, it appears moft certain, that the appellations of fovereigns and fubjects, mafters and flaves, are un- known to nature. Nature has made us all of the fame fpecies, all equal, all free and independent of each other; and was willing that thofe, on whom the has [ 11 II ] pliedly, and in ours moft exprefly, fub- fifts between the prince and fubject. -For thefe prerogatives are vefted in the crown for the Support of fociety, and do not in- B 2 trench has bestowed the fame faculties, fhould have all the fame rights. It is therefore beyond all doubt that in प If these Principles this primitive ſtate of nature, no man has of himself of Burlem, are to be recurd to, when- There is none but God alone that has of himself, ever any body of an original right of commanding others, or any title to fovereignty. and in confequence of his nature and perfections, a natural, effential, and inherent right of giving laws men are shong to mankind, and of exercifing an abfolute fovereignty enough to do it, then over them. The cafe is otherwife between man and liberty and independence is therefore a right naturally man; they are of their own nature as independent of every Rebellion on one another, as they are dependent on God. This the Utopian, Repub- belonging to man, of which it would be unjust tolican or any other Id. p. 38. System, which the purpoſe. Nothing is more agreeable to the fupreme Insurgents think Deity, that governs this univerfe, than civil focieties law- would perfect then When therefore we give to fovereigns the title of your wo be jush- God's vicegerents upon earth, this does not from fiable. Jack Cadi's God, but it fignifies only, that by means of the power Opinion wd often deprive him against his will. There is a beautiful paffage of Cicero's to this fully established. that they derive their authority immediately imply" lodged in their hands, and with which the people have inveſted them, they maintain, agreeable to the fake place; every Id. p. 40. quod quidem in terris fiat acceptius, quam confilia coetufque homi- Rom. xiii. views of the Deity, both order and peace, and thus procure the happinefs of mankind. Man wd Dunwavery But it will be here objected, that the fcripture it- his own of good in felf fays, that every man ought to be fubject to the Eyes. Ther fupreme powers, becauſe they are eſtabliſhed by God+. hall be no Law, & u Nihil eft illi principi Deo, qui omnem hunc mundum regit, will hang the Lavy num jure fociati, quæ civitates appellantur. Somn. Scip. c. 3. But if the establish I answer, Govt. of Engl has be purified by the experience of Ages, why are we upon every o casion to recur to the unhappy homes of th. 1st; if it wank nore perfection, let it be perpeted by Reason not by Ford Burtemaqui's Ideas are correct when applied to great cas of continued cases of Tyranny as in I 20s time, but what sy Danny has yet been exercise to the Colonists? M [ 12 ] trench any farther on our natural liberties, than is expedient for the maintenance of our civil,' دو But it is our misfortune, that we are com- pelled loudly to call your attention to the confideration of another power, totally different in kind-limited, as it is alledged, by no "bounds," and "wearing a moft * dreadful afpect," with regard to America. We mean the power claimed by parlia- ment, of right, to bind the people of thefe colonies by ftatutes, " IN ALL I anfwer, with Grotius, that men have eftabliſhed ci- vil focieties, not in confequence of a divine ordinance, but of their voluntary motion, induced to it by the experience they had had of the incapacity which fe- parate families were under, of defending themfelves against the infults and attacks of human violence. From thence (he adds) arifes the civil power, which St. Peter, for this reafon, calls a human power*, tho' in other parts of fcripture it bears the name of a di- vine inftitution+, becaufe God has approved of it as an eſtabliſhment ufeful to mankind 1. All the other arguments, in favour of the opinion we have been here refuting, do not even deferve our notice. In general, it may be obferved, that never were more wretched reafons produced than upon this fubject, as the reader may be eafily convinced by read- ing Puffendorf on the law of nature and nations, who, in the chapter correfponding to this, gives thefe ar- guments at length, and compleatly refutes them §. Id. p. 42, 43. * 1 Blackstone 270. ** 1 Ep. c. 2. v. 13. + Rom. xiii. 1. Grotius of the right of war & peace, b. I. c. 4. § 7, 12. No. 3. $ See the law of nature and nations, book VII. c. 3. CASES [ 13 ] CASES WHATSOEVER"-a power, as we are not, and from local circumftances, cannot be reprefented there, utterly fub- because verfive of our natural and civil liberties not repre- paft events and reafon convincing us, that send there never exifted, and never can exift, a ftate thus fubordinate to another, and yet retaining the flighteft portion of freedom or happineſs. In answer I say The import of the words above quoted Every Governmt "must have an we apprehend, cannot poffibly form a absolute Power, more clear, concife, and comprehensive In limited Govts definition and fentence of flavery, than thefe it is K. L. &C.; ih expreffions contain. absolute the King. needs no defcant; for the wit of man, as This power claimed by Great Britain, and the late attempts to exerciſe it over thefe colonies, prefent to our view two events, one of which must inevitably take place, if the fhall continue to infift on her pretenfions. Either, the coloniſts will fink from the rank of freemen into the The Serice to clafs of flaves, overwhelmed with all the const. Goutis miferies and vices, proved by the hiftory next to the All- of mankind to be infeparably annexed to that deplorable condition: Or, if they mighty's have fenfe and virtue enough to exert themſelves in ftriving to avoid this perdi- tion, they must be involved in an oppofi-. tion dreadful even in contemplation. Honour, juftice, and humanity call upon us to hold, and to tranfmit to our pofte- Perfect Freedom ch.2 rity, [ 14 ] rity, that liberty, which we received from our anceſtors. It is not our duty to leave wealth to our children: But it is our duty to leave liberty to them. No infamy, ini- quity, or cruelty, can exceed our own, if we, born and educated in a country of freedom, entitled to its bleffings, and knowing their value, pufillanimously de- ferting the poft affigned us by divine Pro- vidence, furrender fucceeding generations to a condition of wretchedneſs, from which no human efforts, in all probabili- ty, will be fufficient to extricate them; the experience of all ftates mournfully de- monftrating to us, that when arbitrary Nego Minnen power has been eſtabliſhed over them, even the wifeft and braveft nations, that ever flourished, have, in a few years, degene- rated into abject and wretched vaffals. So alarming are the meaſures already ta- ken for laying the foundations of a defpo- tic authority of Great Britain over us, and with fuch artful and inceffant vigi- lance is the plan profecuted, that unless the prefent generation can interrupt the work, while it is going forward, can it be imagined, that our children, debilitated by our imprudence and fupinenefs, will be able to overthrow it, when compleated? Populous and powerful as thefe Colonies may grow, they will ftill find arbitrary domination not only ftrengthening with their ( 15 ) their ftrength, but exceeding, in the fwift- nefs of its progreffion, as it ever has done, all the artless advantages that can accrue to the governed. Thefe advance with a regularity, which the divine author of our exiftence has impreffed on the laudable purfuits of his creaures: But defpotifm*, See below unchecked and unbounded by any laws- never fatisfied with what has been done, while any thing remains to be done, for the accompliſhment of its purpoſes-con- As virtue is neceffary in a republic, and in a mo- narchy honour, fo fear is neceffary in a defpotic go- vernment: with regard to virtue, there is no occafion for it, and honour would be extremely dangerous. Here the immenfe power of the prince is devolved . B. the Great intirely upon thofe to whom he is pleafed to entruſt it. Mont, never Perfons capable of fetting a value upon themfelves would be likely to create revolutions. Fear muft look on Parl! therefore deprefs their fpirits, and extinguifh even the leaft fenfe of ambition. MONT. Spir. of Laws, vol. 1. b. III. ch. 9. An idea of defpotic power. When the favages of Louifiana are defirous of fruit, they cut the tree to the root, and gather the fruit*. This is an emblem of defpotic government. Id.bookV.c.13. The principle of defpotic government is fear; but a timid, ignorant, and faint fpirited people have no oc- cafion for a great number of laws. asa he Despotic Gr always states "absolut Monarchy Every thing ought to depend here on TWO or THREE ideas; therefore there is no neceffity that any new notions fhould be added. When we want to break a horfe, we take care not to let him change his mafter, his leffon, or his pace. Thus an impreffion is made on his brain by two or three motions, and no more. Id. book V. ch. 14. Edifying letters, 11 coll. p. 315. fiding, 2 ch.2 ( 24 ) fiding, and capable of confiding, only in the annihilation of all oppofition,-holds its courſe with fuch unabating and deftructive rapidity, that the world has become its prey, and at this day, Great Britain and her dominions excepted, there is fcarce a fpot on the globe inhabited by civilized nations, where the veftiges of freedom are to be obferved. To us therefore it appears, at this alarming period, our duty to God, to our country, to ourfelves, and to our pofteri- ty, to exert our utmoft ability, in promo- ting and eſtabliſhing harmony between Great Britain and thefe colonies, ON A CONSTITUTIONAL FOUNDATION. For attaining this great and defirable end, we requeft you to appoint a proper number of perfons to attend a congrefs of deputies from the feveral colonies, appoint- ed, or to be appointed, by the reprefen- tatives of the people of the colonies re- fpectively in affembly, or convention, or by delegates chofen by the counties gene- rally in the refpective colonies, and met in provincial committee, at fuch time and place as fhall be generally agreed on: And that the deputies from this province may be induced and encouraged to concur in fuch meaſures as may be deviſed for the common welfare, we think it proper, par- ticularly to inform you, how far, we ap- prehend, they will be fupported in their conduct by their conftituents. [In [ 17 ] [In this place was inferted the argumenta- tive part, which in this publication is called "An Effay."] The affumed parliamentary power of in- ternal legiflation, and the power of regu- lating trade, as of late exercifed, and de- figned to be exercifed, we are thoroughly convinced, will prove unfailing and plen- tiful fources of diffentions to our mother country and thefe colonies, unlefs fome expedients can be adopted to render her fe- cure of receiving from us every emolument, that can in juftice and reafon be expected, and us fecure in our lives, properties, and an equitable ſhare of commerce. Mournfully revolving in our minds the calamities, that, arifing from thefe diffen- tions, will moft probably fall on us and our children, we will now lay before you the particular points we requeft of you to procure, if poffible, to be finally decided; and the meaſures that appear to us moft likely to produce fuch a defirable period of our diftreffes and dangers. We therefore defire of you- Firft. That the deputies you appoint, may be inftructed by you ftrenuously to of 35 H8 ch.2. exert themſelves, at the enfuing Congrefs, to obtain a renunciation, on the part of Great Britain, of all powers under the fta- tute of the 35th of Henry the Eighth, chapter the fecond.-of all powers of in- C ternal' St. [ 18 ] Int Legisl" In klat Taxes Regulating hade each new andy exct of Commerce ternal legiflation-of impofing taxes or du- ties internal or external-and of regulat- ing trade, except with refpect to any new articles of commerce, which the Colonies may hereafter raife, as filk, wine, &c. re- ferving a right to carry theſe from one co- lony to another-a repeal of all ftatutes Repeal of stat for quartering troops in the Colonies, or for quart? Froops ſubjecting them to any expence on account or for capence of hoopy of fuch troops-of all ftatutes impofing 4 for imposing duties to be paid in the Colonies, that Duhi were paffed at the acceffion of his prefent majefty, or before this time; which ever period fhall be judged moft advifeable-of the ftatutes giving the courts of admiralty in the colonies greater power than courts of admiralty have in England-of the fta- tutes of the 5th of George the Second, chapter the 22d, and of the 23d of George the Second, chapter the 29th-of the fta- tute for fhutting up tute for fhutting up the port of Bofton- and of every other ftatute particulurly af- respect Mass's Bay. fecting the province of Maſſachuſetts Bay, paffed in the laft feffion of parliament. On obtaining In cafe of obtaining thefe terms, it is these Terms the our opinion, that it will be reasonable for the colonies to engage their obedience to Colonies will obey the acts of parliament, commonly called Act of Navight the acts of navigation, and to every other act of parliament declared to have force, exch as before exc? at this time, in thefe colonies, other than & for Chof Admby having gre power that those of Engl. & 592ch22 & 23 G2 ch 29 Boston Part Bill & St. of last session all other Ach confirming the said ach by acts of their own assemblies thofe [ 18 ] فکر مان In 0 Ba fo め ​6 ha h 8 & 185 C M Co Au ail exchas conf legiflation-of impofing taxes or du- internal or external-and of regulat- g trade, except with respect to any new articles of commerce, which the Colonies may hereafter raife, as filk, wine, &c. re- ferving a right to carry thefe from one co- long to another-a repeal of all ſtatutes for quartering troops in the Colonies, or fabiecting them to any expence on account of fuch troops-of all ftatutes impofing duties to be paid in the Colonies, that were palled at the acceffion of his prefent jelly, or before this time; which ever period fhall be judged most advifeable-of the ftatutes giving the courts of admiralty in the colonies greater power than courts of admiralty have in England-of the fla- tutes of the 5th of George the Second, chapter the 22d, and of the 23d of George 29 the Second, chapter the Second, chapter the 29th-of the fta- tate for thutting up the port of Bofton- jon end of every other ftatute particularly af- Bay fecting the province of Meffachusetts Bay, paffed in the last feffion of parliament. In cafe of obtaining these terms, it is our opinion, that it will be reasonable for the colonies to engage their obedience to the acts of parliament, commonly called the acts of navigation, and to every other of parliament declared to have force, this time, in thefe colonies, other than thote XX CEORGE H [( 19 ) on abolishing thofe above-mentioned, and to confirm & as we did fuch ftatutes by acts of the feveral affem- blies. It is alfo our opinion, that taking Wards oliverice, ye example from our mother country, in abo- lishing the "courts of wards and liveries, to settle an annual tenures in capite, and by knight's fervice, Revenue on KJ. and purveyance," it will be reafonable for subjt to the com the colonies, in cafe of obtaining the terms roud of Parl before-mentioned, to ſettle a certain annual to sahishes revenue on his majefty, his heirs and fuc- ceffors, fubject to the controul of parlia- "East India Comp ment, and to fatisfy all damages done to the Eaft India company. & This our idea of fettling a revenue, arifes from a fenfe of duty to our fovereign, and of efteem for our mother country. We know and have felt the benefits of a fubor- dinate connexion with her. We neither are fo ftupid as to be ignorant of them; nor fo unjust as to deny them. We have alfo experienced the pleafures of gratitude and love, as well as advantages from that connexion. The impreffions are not yet erafed. We confider her circumftances with tender concern. We have not been wanting, when conftitutionally called up- on, to affift her to the utmoſt of our abi- lities; infomuch that fhe has judged it rea- fonable to make us recompences for our overftrained exertions: and we now think C 2 we [ 20 ] we ought to contribute more than we do, to the alleviation of her burthens. Whatever may be faid of thefe propo- fals, on either fide of the Atlantic, this is not a time, either for timidity or rafhneſs. We perfectly know, that the great caufe now agitated, is to be conducted to a hap- py conclufion, only by that well tempered compofition of counfels, which firmness, prudence, loyalty to our Sovereign, refpect to our parent State, and affection to our native country, united, muft form. By fuch a compact, Great Britain will fecure every benefit, that the parliamenta- ry wiſdom of ages has thought proper to attach to her. From her alone we ſhall continue to receive manufactures. To her alone we fhall continue to carry the vast multitude of enumerated articles of com- merce, the exportation of which her po- licy has thought fit to confine to berfelf. With fuch parts of the world only, as the has appointed us to deal, we fhall conti- nue to deal; and fuck commodities only, as the has permitted us to bring from them, we fhall continue to bring. The executive and controuling powers of the crown will retain their preient full force and opera- tion. We shall contentedly labour for her as affectionate friends, in time of trans quility; [ 21 ] quility; and cheerfully fpend for her, as dutiful children, our treafure and our blood, in time of war. She will receive a certain income from us, without the trouble or Ton of april to expence is probably ch. *The train of Officers, employed by Great Bri- tain, confume a very large part of what fhe takes from This Note us. She therefore increaſes our diftreffes to make up for that confumption. They will hereafter grow deserves more and more oppreffive, we more and more uneafy, fhe more and more difturbed. We could raife the serious consi- fame fum in a much more eafy, equal, and cheap man- deration & ner, than fhe can do. The attention of fmall ſtates extends much more efficacioufly and beneficially to every part of the territories, than that of the admini- ſtration of a vaft empire. The reprefentatives in af-just fembly, WHO ARE TAXED, WHEN THE PEOPLE ARE TAXED, AND ACCOUNTABLE TO THEM, will have double motives to take care, that the raifing and ex- pending money is managed in the beſt way. The Houfe of Commons would not bear to examine every particular relating to the juft taxation of every county on this continent, and to fettle all the accounts fairly. If they could go through the immenfe labour, it would be impoffible for them to do any other bufinefs. In fhort, by not doing it, they would be unjust; by do- ing it they would be ufelefs. Equity and reafon de- monftrate that fuch a power belongs not to them. We have had fome remarkable inftances on this con- tinent fome few years ago, of the crown being ac- cording to all the forms of bufinefs charged with articles, that never went to the ufe of the crown. were perquifites, and who could be fo puritanical as to blame the civil word. It is faid, our barracks coft about £8000 of this money-and that the barracks at another place, not deferving a compariſon with ours, coft .40,000 fterling. We built our own, our- felves, and were as faving and careful as we could be, Thefe it [ 22 ] Just Therefore the Americans may very property hy to limit the generality of The Power CM. expence of collecting it-without being conftantly disturbed by complaints of griev- ances, which the cannot juftify, and will not redrefs. In cafe of war, or in any e- mergency of diftrefs to her, we fhall alfo be 4 tas vd bayo da nisu T it may be fuppofed. If money is raiſed upon us by parliament; of one thoufand pounds, taken out of our pockets, not one hundred, in all probability, will be ufefully applied to the fervice of the crown. De- ficiencies will enfue-they must be fupplied-other acts are made-ftill others-till our unreprefented blades of grass," too frequently and clofely cut down and expoſed to the burning heat of an unfetting Sun, ever" in its meridian," perifh to their deepest roots. *** "There is not upon earth (fays the excellent "Gordon) a nation, which having had unaccountable "magiftrates, has not felt them to be crying and "confuming mifchiefs. In truth, where they are "moft limitted, it has been often as much as a whole "people could do to reftrain them to their truft, and "to keep them from violence; and fuch frequently "has been their propenfity to be lawleſs, that nothing " but a violent death could cure them of their vio- lence. This evil has its root in human nature; "men will never think they have enough, whilft they can take more; nor be content with a part, when "they can feize the whole +." 66 "That the bufinefs of moft kingdoms has been ill " managed, proceeds from this; it imports the lower "rank of men only, and the people (whofe cries fel- "dom reach the prince, till it is too late, and till all is paft remedy) that matters ihould be frugally or- "dered, becauſe taxes muſt arife from their fweat and "labour. But the great ones, who heretofore have "had the prince's ear and favour, or who hoped to * Speech of Lord Camden. 9 + CATO'S LETT. 111. 78. 1 Blackftone 270. have FRANCIS NORTH LORD GUILDFORD [ 23 ] be ready and willing to contribute all aids within our power: and we folemnly de- clare, that on fuch occafions, if we or our pofterity fhall refufe, neglect or decline thus to bave him in their poffeffion, were fwayed by an << other fort of intereft; they like profufion, is bar **ing had a profpect to be gavers by is, they can ea * Gly fet their account even charge upon their land is more th great place, or a large penfion"." See the lord-keeper North's account et the conduct and difpofal of the publick w time of king Ch. II. Thofe who, in our the conductors of the fame kind of dirty work, compare the modern ingenious ways and means shole of their worthy predeceffors. Among others, pretended want of money in treafury, in order to have a pretence for gir orbitant price for neceffàries, end 3 per cent, money which was called at ing with the public money, pretending vate, and taking intereft Depres debts and funds, buying them of their worth, and afterwards he paid in full. Pretending commending to places for inting on recommending & Was Rolling over lof Te while the gain was to A father flopping a large was to have been paid the he can be brought to fake into the pocket of don of all his father's debes Then new c found out. checks. The new prove a Juere Derp, M., S NORTH LORD GUILDFORD. [ 23 ] 1] be ready and willing to contribute all aids were within our power: and we folemnly de- clare, that on fuch occafions, if we or our pofterity fhall refufe, neglect or decline thus 66 to << have him in their poffeffion, were fwayed by an- "other fort of intereft; they like profufion, as hav- ing had a profpect to be gainers by it, they can ea- fily fet their account even with the ftate; a fmall "charge upon their land is more than balanced by a "great place, or a large penfion*." See the lord-keeper North's account of abufes in the conduct and difpofal of the publick money in the time of king Ch. II t. Thofe who, in our times, are the conductors of the fame kind of dirty work, may compare the modern ingenious ways and means with thofe of their worthy predeceffors. Among others, pretended want of money in the treaſury, in order to have a pretence for giving an ex- orbitant price for neceffaries. Lending the crown at 8 per cent. money which was raifed at 5 and 6. Pay- ing with the public money, pretending it to be pri- vate, and taking intereft. Depreciating the public debts and funds, buying them of the holders at half their worth, and afterwards by intereft getting them paid in full. Pretending to give up all power in re- commending to places for a confideration, and then infifting on recommending ftill, and fo getting both ways. Rolling over loffes upon the crown, or pub- lic, while the gain was to fink into private pockets. A father ftopping a large fum in his own hand, which was to have been paid the public creditors. Before he can be brought to account he dies. The money finks into the pocket of his heir. He obtains a par- don of all his father's debts. Grofs frauds in office found out. Then new officers and falaries fet up as checks. The new prove as great knaves as the old, *Daven. 11, 262. t Dalrymp. MEM, 11, 84. and Excellent [ 24 ] ]] Would this an end of the Contest. CM { to contribute, it will be a mean and ma- nifeft violation of a plain duty, and a weak and wicked defertion of the true interefts of this province, which ever have been and ded was signed by every American Therand form a fcheme of collufion and mutual under- soon would be standing. But the public pays for all, and the power of the court is ftrengthened. An old placeman begs leave to fell. Pockets the money, and by and by, through intereft, gets a new place gratis. Extrava- (gant men fquander their own money in their public employments of ambaffadors, governors, &c. and charge the public with more than they have really fpent, while what they really fpent was ten times more than neceffary. The bufinefs of old offices transferred to new: but the profits of the old ftill kept up, though become finecures. An old fervant of the public retires upon a penfion. He who fuc- ceeds him, by intereft, gets it continued to him. An- other gets an addition to his falary, and then fells his place for a great deal more than it coft him, and fo an additional load is laid on the public: for the addi- tion muſt be continued, becauſe the place was bought. An annual fum is granted by the public for a public ufe, as keeping up a harbour, or the like. A pri- vate man, by intereft, gets a grant of the jobb; the public concern is neglected, and the public pocket picked. Crown lands perpetually begged and given away to ftrengthen the court intereft. The crown Conftantly kept in debt, and parliament folicited to pay thofe debts occafioned merely by the voracity of the court. Commanders of fleets order a fuperfluous quantity of ftores. By collufion between them and the ftore-mafters, this fuperfluous quantity is fold a- gain to the king, and the money funk in their pockets. Sometimes the ftore-mafters gave receipts for more than was received into the king's ftores, and the mo- A M ney Engraved by H.Robinson. GILBERT BURNET, BISHOP OF SALISBURY. OB. 1714-15. FROM THE ORIGINAL OF KNELLER, IN THE COLLECTION OF THE RIGHT HONBLE THE EARL OF HARDWICKE. London, Published June 1,1829, by Harding & Lepard, Pall Mall East. (25) douft be bound up in the profperity of Our union, found- mother country. mutual compacts and inreal bene- wit be indiffoluble, at eat more This is dear an, an union perpetually arturbed ted rights and retorted injuries. D deled among the plunderers. SECONDLY, The King's 7 ne by the day, where it would have been by cho great. Alony pred Lits of large fus contrivance was to the too heavy pieces were and the profit for a pr ndeed. wal, back to ervice is a huge cloak thrown over, an im- cene of corruption; and under this clank we peep. Our court-nien tell in, there mult fums expended to the way, and ay, and thole s Be accounted for beauty the ut never be , A.D., of penfions pead for ent, or to any pers th n tud fo them, and the queen ordered cecount to be laid before I southervice ads are a great fand of miniferial influence, known, that our try do not accept the nable offer; but the have the gre w time, every enriched we mat each mini 9, that fevest que eftates fufficient But as Barnet **9* which is made by tory intereft; and farsifies for the the contrary, which money much r seirs fa the late war our purryers and com- to fet them up for saris fays, the regard that +Tit, own Times, i. 279- Haged by B.Robinson PT BURNET, BISHOP OF SALISBE OB, 1714-15. OF RNELIJER IN THE COLLECTION P TURLIGT HON THE EARL OF HARDWICKE London, Published June 1,1829, by Harding & Lepard, Pall Mall East. (25) and must be bound up in the profperity of our mother country. Our union, found- ed on mutual compacts and mutual bene- fits, will be indiffoluble, at leaſt more firm, than an union perpetually disturbed by difputed rights and retorted injuries. SECONDLY. D This is clear The king's 2 ney was divided among the plunderers. works done by the day, whereas it would have been cheaper by the great. Money pretended to be coined gratis. Lifts of large fums newly coined produced. But the contrivance was to make the pieces unequal, and then the too heavy pieces were carried back to the mint, and the profit funk in private pockets, &c. Secret fervice is a huge cloak thrown over an im- menfe fcene of corruption; and under this cloak we muft not peep. Our court-men tell us, there muft be large fums expended in this way, and thofe fums cannot be accounted for; becauſe the fervices done by them must never be known. But we find, that the commons, A. D. 1708, addreffed queen Anne for ac- counts of penfions paid for fecret fervice to members of parliament, or to any perfons in truft for them; and that the queen ordered faid account to be laid before the boufe*. Contracts are a great fund of minifterial influence, It is well known, that our miniftry do not accept the moft reafonable offer; but the offer which is made by thoſe who have the greateft parliamentary intereft; and that in war time, every man who furnishes for the go- vernment, is enriched; in France, the contrary; which fhews, that we manage our public money much worfe than the French miniftry do theirs. In the late war it is notorious, that feveral of our purveyors and com- miffaries got eftates fufficient to fet them up for earls and dukes. But as Burnet + fays, the regard that Deb. Com. iv. 119. + Hift. own Times, iii. 279. Nok secret Service accounted for [ 26 ] Congress not intermitted hill those arteles. rel? Froops, intl. 2. Legist., Taxes, 3546 c.2-0 Admorty Boston Port & Massh Bas be obtaine This scarce just because the op- pressions of our Verres and bu SECONDLY. If all the terms above- mentioned cannot be obtained, it is our opinion, that the meaſures adopted by the congrefs for our relief fhould never be re- linquished or intermitted, until thofe rela- ting to the troops-internal legiflation,- impofition of taxes or duties hereafter- the 35th of Henry the 8th, chapter the is fhewn to members of parliament among us, caufes that few abufes can be inquired into, or difcovered.' POL. DISQ. b. v. p. 274-277- What redrefs could a poor plundered, unreprefent- ed colony obtain against a Kerres, fupported by a ftrong parliamentary influence. We know what feveral go- Gibraltar has ventured to opprefs even the garrifon of vernors of Minorca have dared to do. A governor of that important place. The very drudgery of exami- ning accounts would probably fecure him. If caft, the injuries could not be recompenfed. A fucceffor effectually re- dusse by andm-might prove as bad" Victrix provincia plorat," peachmt of a British Hof heard before a Bitish Ho It has been faid in Great Britain, that Lord Chat- ham, Lord Camden, and fome other great men, have taught the colonies to defpife her authority. But it is as little true as the multitude of invectives vented against the colonies. The conftant practice in theſe Chpublications, is to confound facts and dates, and then Lu. as to the date of to rail. It fhould be remembered, that the oppofition in America to the ftamp act was fully formed, and the congrefs held at New York, before it was known on this continent, that our caufe was efpoufed by any such venerable names in the lift of our friends. They man of note at home. We fhould be glad to count are the true friends of our mother country, as well as of this; and ages unborn will blefs their memory. But if every man in Great Britain is carried by the stream of prejudices into fentiments hoftile to our free- dem, that freedom will not be the lefs eftecmed, or the ſooner relinquished by Americans. the Speeches here & the Congress of New York Abiceversa if all America boa Man oppose legal Gout, it will be effec heally supported by Great Britain. 2d- [ 27 ] 2d-the extenfion of admiralty courts-the port of Bofton and the province of Maſſachu- fetts Bay are obtained. Every modification or qualification of thefe points, in our judg- ment, fhould be inadmiffible. To ob- tain them, we think it may be prudent to fettle fome revenue as above-mentioned, and to fatisfy the Eaft India company. THIRDLY. If neither of theſe plans fhould be agreed to, in congrefs, but fome If neither of these other of a fimilar nature fhall be framed, Mans be adopted though on the terms of a revenue, and fa- tisfaction to the Eaft India company, and by Congress, to sub- though it ſhall be agreed by the congrefs mit to Congress to admit no modification or qualification in the terms they fhall infift on, we defire your deputies may be inftructed to concur with the other deputies in it; and we will accede to, and carry it into execution as far as we can. FOURTHLY. As to the regulation of trade-we are of opinion, that by ma- They thank Frade king fome few amendments, the com- may be regulated merce of the colonies might be fettled on so as to require no a firm eſtabliſhment, advantageous to future Alterations. Great Britain and them, requiring and fub- ject to no future alterations, without mu- tual confent. We defire to have this point confidered by the congrefs; and fuch mea- fures taken, as they may judge. proper. In order to obtain redrefs of our com- mon grievances, we obferve a general in- D 2 clination [ 28 ] clination among the colonies of entering into agreements of non-importation and non-exportation. We are fully convinced that fuch agreements would withhold very large fupplies from Great Britain; and no Averse without words can defcribe our contempt and ab- horrence of thofe colonifts, if any fuch necessity to Non there are, who, from a fordid and ill- Imp. Non Exp" judged attachment to their own immediate but to state grievances # profit, would purfue that, to the injury of their country, in this great ftruggle for all the bleffings of liberty. It would It would appear to us a moft wafteful frugality, that would lofe every important poffeffion by too ftrict an attention to fmall things, and lofe alfo even theſe at the laft. For our part, we will cheerfully make any facrifice, when neceffary, to preferve the freedom of our country. But other confiderations have weight with us, We with every mark of refpect to be paid to his majefty's admini- ftration. We have been taught from our youth to entertain tender and brotherly affections for our fellow fubjects at home. The interruption of our commerce must diftrefs great numbers of them. This we earneftly defire to avoid. We therefore request, that the deputies you fhall appoint may be inftructed to exert themſelves at the congrefs, to induce the members of it to confent to make a full and precife ftate of grievances, and a decent yet firm claim of [ 29 ] of redrefs, and to wait the event, before any other ſtep is taken. It is our opinion, that perfons fhould be appointed and fent home to prefent this ftate and claim, at the court of Great Britain. If the congrefs fhould chufe to form yet iflongh agreements of non-importation and non-chuse exportation immediately, we defire the deputies from this province will endeavour to have them fo formed as to be binding upon all, and that they may be PERMA- NENT, fhould the public intereft require it. They cannot be efficacious, unless they can be permanent; and it appears to us that there will be a danger of their being infringed, if they are not formed with great caution and deliberation. We have determined in the prefent fituation of pub- lic affairs to confent to a ftoppage of our commerce with Great Britain only; but, For Part pre- in cafe any proceedings of the parliament, of which notice ſhall be received on this any ery continent, before or at the congrefs, fhall, in- dain render it neceffary, in the opinion of the team ort, congrefs, to take further steps, the inha- Non Exp bitants of this province will adopt fuch y & perma- fteps, and do all in their power to carry nent, they them into execution. This extenfive power we commit to the hotaline congrefs, for the fake of preferving that with unanimity of counfel and conduct, that Britai alone can work out the falvation of the fe colonies, Le wo? with blies? ve the You [[ 30 ] ave necy Imgs". често tions so as to make us colonies, with a strong hope and truft, that they will not draw this province into any meaſure judged by us, who must be better acquainted with its ftate than ftran- gers, highly inexpedient. Of this kind, sensible ofond Misconduct we know any other ftoppage of trade, but of that with Great Britain, will be. Even this ftep we fhould be extremely afflicted to fee taken by the congrefs, before the other mode above pointed out is tried. But fhould it be taken, we apprehend, that recommend a plan of reftrictions may be fo framed, ing Reshi agreeable to the refpective circumftances of the feveral colonies, as to render Great Britain fenfible of the imprudence of her counfels, and yet leave them a neceffary commerce. And here it may not be im- & have a proper to take notice, that if redreſs of necessary the extent or continuance of our reftric- our grievances cannot be wholly obtained, Thank tions may, in fome fort, be proportioned to the rights we are contending for, and the You Gentle-degree of relief afforded us. This mode will render our oppofition as perpetual as our oppreffion, and will be A CONTINUAL CLAIM AND ASSERTION OF OUR RIGHTS. We cannot exprefs the anxiety, with which we wish the confideration of thefe points to be recommended to you. We are perfuaded, that if thefe colonies fail of unanimity or prudence in forming their refolutions, or of fidelity in obferving but t Cominera. meh. them, [ 31 ] them, the oppofition by non-importation and non-exportation agreements will be ineffectual; and then we fhall have only the alternative of a more dangerous con- tention, or of a tame fubmiffion. Upon the whole, we fhall repofe 'the higheft confidence in the wifdom and in- tegrity of the enfuing congrefs: And though we have, for the fatisfaction of the good people of this province, who have chofen us for this exprefs purpoſe, offered to you fuch inftructions, as have appeared expedient to us, yet it is not our meaning, that by thefe, or by any you may think proper to give them, the depu- ties appointed by you fhould be reftrained from agreeing to any meafures that fhall be approved by the congrefs. We fhould be glad the deputies chofen by you could, by their influence, procure our opinions hereby communicated to you to be as nearly adhered to as may be poffible: But to avoid difficulties, we defire that be inftructed by you, to agree they may to any meaſures that fhall be approved by the congrefs, the inhabitants of this pro- vince having refolved to adopt and carry them into execution.-Laftly-We defire the deputies from this province, may en- deavour to procure an adjournment of the congrefs to fuch a day as they fhall judge proper, very re dain ther?, ny Ler chio? Do they Ja with mbliy? se raveth +10° [ 32 ] Ave nece proper, and the appointment of a ftand ing committee. Agreed, that John Dickinson, Jofeph Read, and Charles Thomfon, be a commit- tee to write to the neighbouring colonies, and communicate to them the refolves and inftructions. Agreed, that the committee for the city and county of Philadelphia, or any fifteen of them, be a committee of correfpon- dence for the general committee of this province. Extract from the Minutes. CHARLES THOMSON, CI. Com but, 9 AN [ 33 ] As a swed w w w TO sksksksksksksksksk sk sk sk sk sk sk. sk sk desk desk sk sk with aldr vick of ad A Nag and ghim ESSAY* T Sc. HE authority of parliament has within thefe few years been a queftion much agitated; and great difficulty, we un- derſtand, has occured, in tracing the line be- tween the rights of the mother country and thofe of the colonies. The modern doctrine of the former is indeed truly remarkable; for though it points out, what are not our rights, yet we can never learn from it, what are our a right to take away nine-tenths of our eftates E rights. As for example-Great Britain claims So does wery -have we a right to the remaining tenth? Legislature daim No. absoluk Author?, but does any Ler * This piece has been written in fuch hafte, under fo gislahne actio? great indifpofition, and amidft fuch a confufion of public Or what do they affairs, that it is hoped, its inaccuracies will be looked upon with indulgence. If longer time could have been mean to do with beftowed upon its correction, it would have been at leaft ſhorter, if not more exact. The first appointment of a their Assemblies? committee to form a draught of inftructions, was made on the fourth of laft month. See note on the extract, Have these dated the 18th of July. assemblies or have ther not this right of %/10v. [ 34 ] No.-To fay we have, is a "traiterous" pofition, denying her fupreme legiflature. So far from having property, according to theſe late found novels, we are ourselves a property. WE pretend not to any confiderable ſhare of learning; but, thanks be to Divine Good- nefs, common fenfe, experience, and fome acquaintance with the conftitution, teach us a few falutary truths on this important fub- ject. WHATEVER difficulty may occur in tracing the line, yet we contend, that by the laws of God, and by the laws of the conftitution, a line there must be, beyond which her autho- rity cannot extend. For all thefe laws are * grounded on reafon, full of juftice, and 66 true *Parlt. Deb. 7. 409. "What of that? Shall not we give judgment, becauſe it is not adjudged in the books before? We will give judgment ACCORDING TO REA- SON, and if there be no reafon in the books, I will not regard them." Speech of Anderfon, Lord chief juftice of the queen's bench, in the reign of Elizabeth. GOULDSB. REP. 96. edit. 1653. + "It ſeems to me, that the natural justice, which is a duty of man, ought to be ftyled the parent, and nourisher, of every other virtue: and affuredly, without this habit, a man can neither moderate his defires, nor be brave, nor wife. For, it is a harmony, and peace, of the whole foul; with a full concert of words, and actions: And the dominion of fuch a habit may be rendered more con- 2. fpicuous [ 35 ] true equity," mild, and calculated to promote the freedom and welfare of men. Thefe objects never can be attained by abolishing every reftriction, on the part of the gover- nors, and extinguifhing every right, on the part of the governed. SUPPOSE it be allowed, that the line is not exprefsly drawn, is it thence to be concluded, there is no implied line? No English lawyer, we prefume, will venture to make the bold affertion. "The King may reject what bills, may make what treaties, may coin what E 2 money, fpicuous, if we examine the other habits of virtue. For the good of thefe is private, refpecting the individual; but the good of natural justice refpects whole fyftems, and throughout the univerfe."- In the celestial fyftem of the world, as it marfhals out the univerfal rule of things, which are thus decreed by God; it is providence, and harmony, and right. In a civil ftate, it is juftly called peace, and good order. In a domeftic ftate, it is the like mindedness of hufband, and wife, towards each other; the good will of fubordinate members. In the body, it is health, and fymmetry of parts; which are principal things, and much beloved by every living creature. In the foul, it is wisdom; that wifdom which arifes amongft men, from the knowledge of caufes and from natural justice. Since therefore, this habit doth thus inftruct, and pre- ferve, the whole and every part; rendering all the fame, in heart, and in tongue, why may it not be faluted, by the univerfal voice; THE PARENT AND NOURISHER OF EVERY VIRTUE?" POL. PYTH. LUC, apud STOBAUM, pa. 105. edit. Ti- guri,, 1559.. [ 36 ] money, may create what peers, and may par- don what offences, HE PLEASES *." But is his prerogative refpecting thefe branches of it, unlimited? By no means. The words following thofe next above quoted from the "Commentaries on the Laws of England," are-" unlefs where the conftitution hath ex- prefsly, or by EVIDENT CONSEQUENCE, laid There ought to "down ſome exception or BOUNDARY; decla- be boundaries ring, that thus far the prerogative fhall go, to Prerogative and no farther." There are "fome boun- because it is ever daries" then, befides the " "exprefs excep- tions;" and according to the ftrong expreffion incroaching on here used," the conftitution DECLARES there Legisl., but are." What "evident confequence" forms Ligist. musthe thoſe "boundaries ?" unlimited excapt The happiness of the people is the end, by Reason, ber and, if the term is allowable, we would call cause otherwise it the body of the conftitution. it and be ineffic the spirit or foul. the fpirit or foul. Freedom is As the foul, fpeaking of tual for the good nature, has a right to prevent or relieve, if it can, any mifchief to the body of the indivi- of the lociety, dual, and to keep it in the beſt health; fo to suppose the foul, fpeaking of the conftitution, has Legisl ordering a right to prevent, or relieve, any mifchief to all our Throat the body of the fociety, and to keep that in the beft health. The evident confequence". to be cut or 10 mentioned, muft mean a tendency to injure of our Properly this health, that is to diminish the happineſs to be taken of the people- of the people-or it must mean nothing. If, away is not to be I BLACKST. COM. 250. there- very presumed even in Argumt; it is time enough to suppor it when it happens, & then the Question wed. be short . The Constitution was settled to preserved /10 of your property, it has given to away, it is a bad Constitution & would soon be destroys. The Experi- ence of Ages has perfected our Constr; it is the Per fiction of Reason, & has recurd the Lives & Pro- [ 37 ] therefore, the conftitution "DECLARES by evident confequence;" that a tendency to dimi- nifh the happinefs of the people, is a proof, that power exceeds a "boundary," beyond which it ought not to "go;" the matter is brought to this fingle point, whether taking without their consent. our money from us without our con- Jak money fent, depriving us of trial by jury, changing depriving of Trial conftitutions of government, and abolishing by Jury, Changing the privilege of the writ of habeas corpus, by Constith & abolish feizing and carrying * us to England, have not Hab. Corp. by bringing a greater tendency to diminish our happiness, than any enormities a King can commit under ingland. pretence of prerogative, can have to diminiſh the * "Of great importance to the public is the preferva- tion of this perfonal liberty: for if once it were left in the power of any, the higheft magiftrate, to impriſon arbitrarily, whomever he or his officers thought proper, (as in France it is daily practifed by the crown) THERE WOULD SOON BE AN END OF ALL OTHER RIGHTS AND IMMUNITIES."--" A natural and regular confequence of this perfonal liberty is, that every Englishman may claim A RIGHT TO ABIDE IN HIS OWN COUNTRY SO LONG AS HE PLEASES, and not to be driven from it unleſs by the fentence of law. Exile of tranfportation is a puniſhment unknown to the common law." "The king cannot confti- tute a man lord lieutenant of Ireland against his will, nor make him a foreign ambaffador. For this might in rea- lity be no more than an honourable exile." I BLACK- STONE 135 to 138. "Thefe precedents collected by the reverend and learn- ed judge, chief juftice Anderfon and all written with his own hand, do fully refolve for the maintenance of the an- tient and fundamental point of LIBERTY OF THE PERSON, to be regained by Habeas Corpus, when any one is im- prifoned." Parl. Hift. 7. 418. perties of the whole British Empire. M. [ 38 ] This has ever the happiness of the fubjects in England. To come to a decifion upon this point, no long time need be required. To make this com- parifon, is ftating the claim of parliament in the moft favourable light: for it puts the affumed power of parliament, to do, "IN ALL CASES WHATSOEVER," what they pleafe, upon the fame footing with the acknowledged power of the King," to make what peers-pardon what offences, &c. be pleafes." But in this light that power is not entitled to be viewed. Such is the wisdom of the English conftitu- tion, that it "declares" the King may tranf- grefs a "boundary laid down by evident con- fequence," even by ufing the power with which he is exprefsly vefted by the conftitution, in doing thofe very acts which he is exprefsly trufted by the conftitution to do-as by crea- ting too many or improper perfons, peers; or by pardoning too many or too great of- fences, &c. But has the conftitution of ENG- LAND exprefly declared," that the parlia- ment of GREAT BRITAIN may take away the money of ENGLISH coloniſts without their confent, and deprive them of tryal by jury, &c? It cannot be pretended. True it is, that it has been folemnly declared by par- liament, that parliament has fuch a power. But that declaration leaves the point just as it was before: For if parliament had not the power before, the declaration could not give it. Indeed if parliament is really" omni- potent 66 been the Law. Parlt is no more supreme over them than over us [ 39 ] potent that power is juft and conftitu- tional. We further obferve, that the con- ftitution has not exprefly drawn the line be- yond which, if a king fhall "go," refiftance becomes lawful. The learned author of thofe commentaries, that, notwithstanding fome human frailties, do him fo much honor, has thought proper, when treating of this fubject, to point out the " precedent" of the The Revol "wrchail heddid more Revolution, as fixing the line. We would not venture any reflection on fo great a man. It may not become us. •for Engl. Kanall Nor can we be pro-the bloody civil voked by his expreffions concerning colonifts; becauſe they perhaps contain his real, though warth, 10t hafty fentiments. Surely, it was not his in-glature ought tention to condemn thofe excellent men, who to be reasond cafting every tender confideration behind with, not oppod them, nobly prefented themfelves against the tyranny of the unfortunate and mifguided by force. Judge Charles's reign; thofe men whom the House is right the of Commons, even after the Reftoration, would Revolt is our not fuffer to be cenfured. Great Ora, & a WE We are fenfible of the objection that may reasonable Great be made, as to drawing a line between rights Charter to the on each fide, and the cafe of a plain viola-Colonies to rais tion of rights. We think it not material. theirown Money Circumftances have actually produced, and when orderd by may again produce this queftion. What conduct of a prince renders refiftance law- renders refiftance law the Legisl. might ful? James the Second, and his father vio- be a proper lated Ora for the Colonies vc CM. The * 1 Blackstone, 161. ral not 24 me [ 40 ] ů 13. lated express rights of their fubjects, by doing what their own exprefs rights gave them no title to do, as by raifing money, and levying troops, without confent of parliament. It is not even fettled, what violation of thoſe will juftify refiftance. But may not fome future prince confining himfelf to the exercife of his own exprefs rights, fuch as have been men- tioned, act in a manner, that will be a tranf- greffion of a "boundary" laid down by evident confequence," the "conftitution declaring he fhould go no further?" May not this exerciſe of thefe his exprefs rights, be fo far extended, as to introduce univerfal confu- fion and a fubverfion of the ends of government? The whole may be oppreffive, and yet any fingle inftance legal. The cafes may be im- probable; but we have feen and now feel events once as little expected. Is it not poffible, that one of thefe cafes may happen; If it does, has the conftitution exprefly drawn a line, beyond which refiftance becomes law- ful? It has not. But it may be faid, a king cannot arm againft his fubjects-he cannot raife money without confent of parliament. This is the conftitutional check upon him. If he fhould, it would be a violation of their exprefs rights. If their purfes are fhut, his power fhrinks. True. Unhappy coloniſts! Our money may be taken from us-and ftanding armies eftablifhed over us, without our confent-every exprefly declared confti- tutional h [ 41 ] Br tutional check diffolved, and the modes of op- pofition for relief fo contracted, as to leave us only the miferable alternative of fupplication or violence. And thefe, it feems, are the The Rr of America liberties of Americans. Because the conftitu- is tion has not "" exprefsly declared" the line be- as the Rhofe tween the rights of the mother country and Bikin to be Birtain go thofe of her colonifts, THEREFORE, the latter end by the have no rights. A logic, equally edifying to sdom of the the heads and hearts of men of fenfe and hu-British Parl manity. WE affert, a line there muft be, and fhall now proceed, with great deference to the judg- ment of others, to trace that line, according to the ideas we entertain: And it is with fatisfaction we can fay, that the records, ftatutes, law-books, and moft approved wri- ters of our mother country, thofe " dead but moft faithful counfellors" (as Sir Edward Coke calls them) "who cannot be daunted by fear, nor muzzled by affection, reward, or hope of preferment, and therefore may fafely be believed," confirm the principles we main- tain. LIBERTY, life, or property, can, with no confiftency of words or ideas, be termed a CM right of the poffeffors, while others have a right degirl" must of taking them away at pleafure. The moft ever have that diftinguiſhed authors, that have written on government, declare it to be "inftituted for F right, but not the a particular person or one Branch of the Legislature. [ 42 ] the benefit of the people; and that it never will have this tendency, where it is unlimited." Even conqueft* itſelf is held not to deftroy all * But in order to fay fomething more particular con- cerning this fubject, let us obferve that the natural ftate of nations in refpect to each other, is that of fociety and Speace. This fociety is likewife a ftate of equality and in- Ju dependance, which eftabliſhes a parity of right between them; and engages them to have the fame regard and refpect for one another. Hence the general principle of the law of nations is nothing more than the general law of fociability, which obliges all nations that have any in- tercourfe with one another, to practife thofe duties to which individuals are naturally fubject. "Thefe remarks may ferve to give us a juft idea of that art, fo neceffary to the directors of ftates, and diftinguifh- ed commonly by the name of polity. Polity confidered with regard to foreign ftates, is that ability and addrefs by which a fovereign provides for the prefervation, fafety, profperity and glory of the nation he governs, by refpect- ing the laws of juftice and humanity; that is, without doing any injury to other ftates, but rather by procuring their advantage, as much as in reafon can be expected. Thus the polity of fovereigns is the fame as prudence among private people; and as we condemn in the latter any art or cunning that makes them purfue their own ad- vantage to the prejudice of others, fo the like art would be confurable in princes, were they bent upon procuring the advantage of their own people by injuring other nations. The reafon of fate, fo often alledged to juftify the pro- ceedings or enterprifes of princes, cannot really be ad- mitted for this end, but inafmuch as it is reconcileable with the common intereft of nations, or which amounts to the fame thing, with the unalterable rules of fincerity, juftice, and humanity." "Grotius indeed acknowledges that the law of nature is common to all nations; yet he establishes a pofitive law of [ 43 ] all the rights of the conquered. Such is the merciful reverence judged by the beft and F 2 wifeft of nations contradiftinct from the law of nature; and re- duces this law of nations to a fort of human law, which has acquired a power of obliging in confequence of the will and confent of all or of a great many nations *. He adds, that the maxims of this law of nations are proved by the perpetual practice of people, and the teftimony of hiftorians. law of nations, contradiftinct from the law of nature, and << But it has been juftly obferved that this pretended The Law of Nation, invefted nevertheleſs with a force of obliging, whether takes its force from people confent to it or not, is a fuppofition deftitute of all its acknowledg'd Rectitude, von a natural independance and equality. If there be there- that aco where ourdaw is silent, foundation f. "For 1. all nations are with regard to one another in fore any common law between them, it muft proceed from God their common fovereign. ઃઃ << 2. As for what relates to cuftoms eftabliſhed by an becomes part of neither of themfelves, nor univerfally, nor exprefs or tacit confent among nations, thefe cuftoms are always obli- our Law. Ch. gatory. For from this only, that feveral nations have act- ed towards one another for a long time after a particular manner in particular cafes, it does not follow that they have laid themfelves under a neceflity of acting always in the fame manner for the time to come, and much lefs that other nations are obliged to conform to theſe cuftoms. 3. Again, thefe cuftoms are fo much the lefs capa- ble of being an obligatory rule of themselves, as they may happen to be bad or unjuft. The profeffion of a corfair, or *See Grotius, rights of war and peace: preliminary difcourfe, §. 18. and book. chap. 1. §. 14. + See Puffendorf, law of nature and nations, book 2. chap. 3. §. 23. th Barbeyrac's notes. [ 44 ] wifeft men to be due to human nature, and frequently obferved even by conquerors them- felves. IN or pirate, was, by a kind of confent, efteemed a long while as lawful, between nations that were not united by alliance or treaty. It feems likewife, that fome nations allowed themſelves the ufe of poifoned arms in time of war *. Shall we fay that thefe are cuftoms authoriſed by the law of nations, and really obligatory in refpect to different people? Or fhall we not rather confider them as barbarous practices; practices from which every juft and well governed nation ought to refrain. We cannot in the law of therefore avoid appealing always to the law of nature, the only one that is really univerfal, whenever we want to judge whether the cuftoms eftabliſhed between nations have any obligatory effect. reason Frue તું કે ૯. 4. All that can be faid on this fubject is, that when cuftoms of an innocent nature are introduced among na- tions; each of them is reaſonably fuppofed to fubmit to thofe cuftoms, as long as they have not made any declara- tion to the contrary. This is all the force or effect that can be given to received cuftoms; but a very different effect from that of a law properly fo called." BURLAMAQ, Princ. of nat. law, 1 vol. p. 196-199. • < But I will conclude with that which I find reported by Sir John Davis, who was the king's fergeant; and fo, by the duty of his place, would no doubt maintain, to the uttermoft of his power, the king's prerogative royal; and yet it was by him thus faid, in thofe re- Ports of his upon the cafe of taniftry customs,' That the kings of England always have had a monarchy royal, and not a monarchy fignoral; where, under the firft, faith he, the fubjects are free men, and have pro- perty in their goods, and freehold and inheritance in their lands; but, under the latter, they are as villains . . 6 and See Virgil, neid, book 10. v. 139. with the 15th note of the Abbe des Fontaines, [ 45 ] IN fine, a power of government, in its nature tending to the mifery of the people, as a power that is unlimited, or in other words, a power in which the people have no fhare*, is proved and flaves, and have property in nothing. And there- fore, faith he, when a royal monarch makes a new con- queft, yet, if he receives any of the nation's antient inhabitants into his protection; they, and their heirs after them, fhall enjoy their lands and liberties accord- ing to the laws.' And there he voucheth this prece- dent and judgment following, given before William the Conqueror himfelf, viz. 6 6 That one Sherborn, at the time of the Conqueft, being owner of a caftle and lands in Norfolk, the Conqueror gave the fame to one Warren, a Norman; and, Sherborn dying, the heir claiming the fame by defcent according to the law, it was, before the Conqueror himſelf, ad- judged for the heir, and that the gift thereof by the Con- queror was void *." PARL. DEBATES, 7 vol. p. 384. See alfo Puffendorf's Law of Nature and Nations, b. 3. ch. 8. and b. 8. ch. 6. It is held by the beft writers, that a conqueror in a juft war, acquires not a right to the property of thofe of the fubdued country, who oppofed him not, nor of the The K2 of pofterity of thoſe who did: nor can the pretence of ob- taining fatisfaction for the charges and damages of the war juftify fuch a claim. "In a free ftate, every man, who is fuppofed a free agent, ought to be, in fome meafure, his own governor, and therefore a branch, at leaft, of the legislative power ought to refide in the whole body of the people. And this power, when the territories of the ftate are fmall and its citizens eafily *See Davis's reports, Lond. 1628, p. 41. known, rufia will notallow this law 焼 ​6,000 En what y how redelh whacke ,& the uch debr ~ paying [ 46 ] the l reaso right proved to be, by reafon and the experience of all ages and countries, cannot be a rightful or legal power. For, as an excellent Bishop of the ag- known, fhould be expreffed by the people in their gregate or collective capacity, as was wifely ordained in the petty republics of Greece, and the firft rudiments of the Roman ftate. But this will be highly inconvenient when the public territory is extended to any confider- able degree, and the number of citizens is increaſed. In fo large a ftate as ours, it is therefore very wifely con- trived that the people fhould do that by their reprefenta- tives, which it is impracticable to perform in perfon." I BLACKSTONE 158, 159. The above quoted words are fufficient of themfelves to refute the notion of "virtual reprefentation" of Americans in parliament. As to the argument drawn from fimilitude between the cafe of thofe in England, not qualified to vote by their property, though poffeffed of a confiderable fhare, as proprietors of the funds---the Eaft India company--- merchants---manufacturers, &c. and the cafe of coloniſts, the true anfwer is, that there is no refemblance whatever between the cafes. A few propofitions will prove it: But it may be proper to premife---1ft. If reprefentation was Imposible intion was intended; for the reafon of having any, re- intended by the conftitution of England, a complete reprefen- 2 yes Jyes Fri 4 Vinhial Rep quires having a complete one, as being the beft. 2dly.- If a complete reprefentation was intended by the conftitution, every defect in the reprefentation is against the intention of the conftitution. 3dly. If a refpectable part of the people in England is not reprefented, it is a defect. 4thly. If therefore, the intention of the conftitution is to be regarded .as the conflitution, it involves a plain abfurdity, to infer a answers evergreater defect being conftitutional, from a fmaller defect ригроте which is unconftitutional. 5thly. The intention of the con- ftitution must be regarded-and practices inconfiftent with 5 This must be left to the wisdom afdegre its [ 47 ] here, but is Her The the Church of England argues," the ends of government cannot be anſwered by a total diffolution of all happinefs at prefent, and of the present ser all hopes for the future. case on THE 6. its defign, muſt be amended by it, if the happiness which wish it it means to promote and fecure, is to be regarded. 6thly. co., but every If there is not fuch a reprefentation in England, as the efuchiation of conftitution requires, there ought to be. As to the refem- blance above fuppofed. Ift. If many inhabitants of op aller England HAVE NOT a right to vote in the choice of mem-it, whereas bers of the Houfe of Commons, there are many who the Fiction of Law HAVE. 2dly. Not one inhabitant of the colonies has that' right. 3dly. Some reprefentation is better than none, fallirheal Repre though a complete one cannot be obtained. The first is a sent" remedies defect of mode, the latter an extinction of the fubftance. There is, to a nice obferver of nature, a perceptible dif- every grievance ference between a deformed man and a DEAD man. 4thly.unive universally: Proprietors of the funds, &c. though they have no right to fuch vote, as proprietors, &c. may yet have it under an- other character, as freeholders, &c. 5thly. When acting as freeholders, &c. they may take care of their interefts as proprietors, &c. for-6thly. Their being proprietors, &c. does not difqualify them from acquiring and enjoying a right to fuch vote by becoming freeholders, &c. but 7thly. By ac- quiring and enjoying a right to fuch vote, the colonists, muft ceafe to be inhabitants of the colonies.-8thly. Their being inhabitants of the colonies, therefore, difqualifies them from acquiring and enjoying the right to fuch vote. -9thly. If thofe not entitled to fuch vote in England were not bound by ftatutes made there they would not be bound by ftatutes, nor taxed at all, though poffeft of Clever & so far 0,000 homecases just. when join's in wha to 7 is just, but alone not by how redel great property--but 10thly. The colonifts are bound and 10 to are we by faxed by the acts of their affemblies. 11thly. Even thofe inferior Courts not entitled to fuch vote in England, and incapable of obtaining it, have this protection, that representatives and of Justices &c. their electors are bound by the laws made, as well as the *HOADLEY's Difc. on government. reft khách & the uch de payis [ 48 ] i the L reas THE juft inference therefore from thefe premifes would be an exclufion of any power of parliament over thefe colonies, rather than the admiffion of an unbounded power. WE par- reft of the people-and the connections between the repre- fentatives, their electors, and the rest of the people, all liv- ing together in the fame kingdom, are fo many and fo in- timate, that even the actually unreprefented cannot be affect- ed, unleſs the reprefentatives and their electors are affected alfo. 12thly. Totally different is the condition of colo- nifts, if bound by ftatutes generally.-By the acts of liament for raifing a revenue in America, the Commons ufe the words, "GIVE AND GRANT." Can men give and grant what they have not? Did any of thofe acts take a fingle penny out of the pocket of a fingle GIVER and GRANTOR? No. So far from it, that if there is any truth in the proverb, and money faved is money got, theſe "dona ferentes" gentlemen put money into their pockets by their loyal and dutiful" generofity. EVERY IN- DIVIDUAL of them acquired by beftowing. Pretenfions thus to give, are fuch contradictions to fact and fenfe, that in making them, a fanction of injuftice is fought from Money wed a principle of the conftitution, and in defcribing them, a have spent folecism in fpeech becomes a proper expreffion. It muft to defend themthan found divines, for they improve upon the text, † and hom French & I wish the Colonies w? pay us the 66 be acknowledged however, that the Commons are more count their lofs for gain.' Statutes might grind us, while not an elector in England Savages. It is would know or regard our fufferings-if acquainted with more thankhey Fri: are worth.Ch. them, he might think the ftatutes inflicting them, JUST and POLITICAL. An open avowal has been made in par- liament-that it is "the INDISPENSABLE DUTY of par- * Preambles to ftatutes for raifing a revenue in America. + Philippians, iii. 7. liament, Thefe words are extracted from the proteft of the Lords on the repeal of the American ftamp-act-§. 6.-61 Lords were against the repeal, 33 of them figned the proteft. [ 49 ] We well know, that the colonifts are charged by many perfons in Great-Britain, with at- tempting to obtain fuch an exclufion and a total independance on her. As well we know the accufation to be utterly falfe. We are be- come criminal in the fight of fuch perfons, by refufing to be guilty of the highest crime againſt ourſelves and our pofterity. NOLUMUS LEGES ANGLIE MUTARI. This is the re- G bellion liament to tax the colonies IN ORDER TO EASE THE GEN- TRY AND PEOPLE OF GREAT BRITAIN." Let not Americans ever forget the lordly words! to underſtand them fully, we ſhould confider- Our difpute includes not only the prefent taxes laid upon us. The univerfal property of England was inte- refted in Mr. Hambden's fuit, about a few fhillings. If the crown had a right to thofe fhillings, it had a right to every fhilling of every man in the kingdom. Great-Britain रा is about ONE HUNDRED AND FORTY MIL- /20,000,000, LIONS OF POUNDS STERLING in debt. If the can pay any part of that debt, by taxing us, the may pay absurd, for what share do they now money. If the whole by taxing us, if we can raife the mone we cannot, yet as we are upbraided continually in pam- phlets and papers with the richnefs of our houfes, our fur- niture, our equipage, our tables, and our drefs, the may hay for thore dolk be made to think we abound too much in theſe conveni-wch we contacto encies. If we are reduced to the condition of French pea- Lencre fants, it is no matter. We belong to the people of forthem, & the Great-Britain: And all British fubjects, but Americans, Interest of wich delh may do what they pleafe with their own. "It is her in- difpenfable DUTY, fay their lordships, to cafe herfelf by weare now paying taxing us;" and furely there is.. virtue enough left in a British parliament, notwithstanding all the dreadful intel- ligence British writers fend us over, duty," exactly. But this is not all. tain wicked Frenchmen and Spaniards, 66 to perform that There are cer- that in every pe- 2 riod [ 50 ] Excellent bellion with which we are ftigmatized. [We have committed the like offence, that was ob- (jected by the polite and humane Fimbria against a rude fenator of his time. We have difrefpect- fully refufed to receive the whole weapon into our body." We could not do it, and live. 66 But They forget their riod of twenty or thirty years oblige Great-Britain to add favourite's Speech, thirty or forty millions to her debt. Upon an average, fince the Revolution, fhe runs annually in debt about that America was a million and an half. Can it be expected, her minifters conquerd in Germa-will be kinder to us than they have been to her? where hy! Independancy will the demand upon us, where will our wretchedneſs ftop, if we have not refolution enough to defend our- felves? A ftatute intended to have force on the people of Great- Britain, is the cafe of A STATE acting upon ITSELF. A ftatute intended to have force on the people of America, is the cafe of ONE ftate acting upon ANOTHER. The peo- ple of Great-Britain, who in the firft cafe are fubject to the ftatute---in the fecond, are the abfolute fovereigns who impofe it on others. "Virtual reprefentation" then, as applied to colonists ---is, to borrow expreffions of the excellent archbishop. Tillotfon, on another occafion, altering only two words -"An abfurdity of that monftrous and maffy weight, that no human authority or wit are able to fupport it. It will make the very pillars of St." Stephens "crack, and requires more volumes to make it good than would fill" Westminster Hall. Yet this moft defpicable notion has been the pretence for our fellow fubjects* clapping mufkets to our breafts, and taking our money out of our pockets. "Win their hearts, and you may foon have their hands and purfes," was the advice of old lord Burleigh to queen Elizabeth. She was wife enough to take it. The world knows the conf- quences. [ 51 ] But that must be acknowledged to be a poor excufe, equally inconfiftent with good breed- ing and the fupreme legiflature of Great- Britain. * FOR thefe ten years paft we have been in- ceffantly attacked. Hard is our fate, when to eſcape the character of rebels, we muſt be degraded into that of flaves: as if there was no medium, between the two extremes of anarchy and defpotifm, where innocence and freedom could find repofe and fafety. WHY fhould we be exhibited to mankind, 7 as a people adjudged by parliament unworthy God forbid of freedom? The thought alone is infupport- able. Even thofe unhappy perfons, who have had the misfortune of being born under the 5 G2 yoke 4 Geo. 3. ch. 15. 4 Geo. 3. ch. 34. 5 Geo. 3. ch. 12. Geo. 3. ch. 45. 6 Geo. 3. ch. 12. 6 Geo. 3. ch. 52. 7 Geo. 3. chap. 41. 7 Geo. 3. ch. 46. 7 Geo 3. ch. 59. 8 Geo. 3. ch. 22. The refolves that colonifts may be tried in England under the 35 Hen. 8.---The blockade of Bof- ton--the Rhode Island court, &c. The ftatutes fince the 8th year of this reign, relating to the colonies, follow one another much in the fame quick manner as before: but they could not be collected. Many of the ftatutes here mentioned, particularly thofe relating to the admi- ralty courts and the commiffioners of the cuſtoms, are connected with a multitude of other ftatutes, by being compared with which the artifices will appear, that gra- dually departing from the laws of England, have at length invefted theſe courts and commiffioners with fuch new, unreafonable, unconftitutional and dangerous powers. 7 Jobe exam. particularly [ 52 ] yoke of bondage, impofed by the cruel laws, if they may be called laws, of the land where they received their birth, no fooner breathe the air of England, though they touch her fhore only by accident, * than they in- ftantly become freemen. Strange contradic- tion +! The fame kingdom at the fame time, the afylum and the bane of liberty. To return to the charge against us, we can fafely appeal to that Being, from whom no thought * Somer fet's cafe. + To this contradiction, the following may be added- Her policy at once to keep peace with her natural enemies, and to provoke her natural friends, whofe affiftance one day -and that day feems to be approaching-in the viciffi- tudes of human affairs, great as fhe is, fhe may want ;--- her intereft, as fhe thinks, to protect and to opprefs PRO- TESTANT countries---to abhor a large ftanding army and yet voluntarily to put herfelf under the abfolute necef- fity, of perpetuating an immenfely large one, to govern the This is as abu-many millions of flaves the expects foon to have on this vaft continent. Two of the fhrewdeft, though not beft sive on us, as emperors, that ever lived, Auguftus and Tiberius, prohi- a declarat" that Egypt, becauſe of the importance of that province to they were were slaves or Rebels we be to them. bited every man of diftinction from fetting his foot in Rome. But Great-Britain, as if thefe numerous provinces, much more remote from her, than Egypt from Rome, were of little confequence, willingly obliges herfelf to truft a mighty armed power into the hands of a fubject, in thefe colonies, the tempting intereft of which fubject and of the people, may engage them to unite in eftablifh- ing an independent empire, on her own model. Great- Here is indepen- I am ought not to forget, that Rome was ruined by indepen-Britain dancy again. keeping ftanding armies in her provinces. *Tas. [ 53 ] thought can be concealed, that our warmeft with and utmoft ambition is, that we and our pofterity may ever remain fubordinate to, and dependent upon our parent ftate. This fub- miffion our reafon approves, our affection dic- tates, our duty commands, and our intereft enforces. biuos si bigod Ir this fubmiffion indeed implies a diffolu- tion of our conftitution and a renunciation of our liberty, we fhould be unworthy of our relation to her, if we fhould not frankly de- clare, that we regard it with horror; and every Isubs *The Privernates had revolted from the Romans, but were reduced. The queftion was, what judgment fhould be given against them. This is Livy's account of the af- fair, in the 21ft chapter of his 8th book. "Quum ipfa per fe res anceps effet, prout cujufque in- genium erat, atrociùs mitiùfve fuadentibus; tum incertio- ra omnia unus ex Privernatibus legatis fecit, magis condi- tionis, in qua natus effet, quàm præfentis neceffitatyme- mor: qui, interrogatus à quodam triftioris fententiæ auc- tore, quam poenam meritos Privernates cenferet? eam, inquit, quam merentur, qui fe libertate dignos cenfent: cujus quum feroci refponfo infeftiores factos videret conful eos, qui antè Privernatium caufam impugnabant; ut ipfe benignâ interrogatione mitius refponfum eliceret, Quid, fi poenam, inquit, remittimus vobis, qualem nos pacem vobifcum habituros fperemus? Si bonam dederitis, inquit, & fidam & perpetuam: fi malam, haud diuturnam. Tum verò minari, nec id am- biguè, Privernatem quidam, & illis vocibus ad rebellan- dum incitari pacatos populos, pars melior fenatûs ad me- liora refponfum trahere, & dicere, Viri, & liberi, vocem auditam, an credi poffe, ullum populum, aut hominem denique, in ea conditione, cujus eum pæniteat, diutius, quam neceffe fit, manfurum? Just, e for Corn [ 54 ] This swe a dec they or Bes to the Here i Dancy, every true Englishman will applaud this juft diftinction and candid declaration. Our de- fence neceffarily touches chords in unifon with the fibres of his honeft heart. They muft vibrate in fympathetic tones. If we, his kindred, fhould be bafe enough to promiſe the humiliating fubjection, he could not believe us. We fhould fuffer all the infamy of the engagement, without finding the benefit ex- pected from being thought as contemptible as we ſhould undertake to be.] But this fubmiffion implies not fuch infup- portable evils: and our amazement is inex- preffible, when we confider the gradual in- creaſe of theſe colonies, from their flender beginnings in the laft century to their late flourishing condition, and how prodigiously, fince their fettlement, our parent ftate has advanced in wealth, force and influence, till The is become the firft power on the fea, and the envy of the world-that thefe our better days fhould not ftrike conviction into every mind, that the freedom and happineſs of the colonists manfurum? Ibi pacem effe fidam, ubi voluntarii pacati fint: neque eo loco, ubi fervitutem effe velint, fidem fperandam effe. In hanc fententiam maximè conful ipfe inclinavit animos, identidem ad principes fententiarum confulares, uti ex- audiri poffet à pluribus, dicendo, Eos demum, qui nihil, præterquam de libertate, cogitent, dignos effe, qui Romani fi- ant. Itaque & in fenatu caufam obtinuere, & ex aucto- ritate Patrum latum ad populum eft, ut Privernatibus CI- VITAS DABITUR." I have no objection that every liberty shouts be given Americans, which is consistent with their bearing their share of the Burdens, wh a pee Gout must lay on us both for ourown. good. [ 55 1 ] coloniſts are not inconfiftent with her autho- rity and profperity. The experience of more than one hun- The Colonish dred years will furely be deemed, by wife men, to have fome weight in the fcale of mayask evidence to fupport our opinion. We might thems this justly afk of her, why we are not permitted qushon to go on, as we have been uſed to do fince our exiſtence, conferring mutual benefits, thereby ftrengthening each other, more and more difcovering the reciprocal advantages of our connection, and daily cultivating affec- tions, encouraged by thofe advantages? [WHAT unknown offences have we com- mitted against her within thefe ten years, to provoke fuch an unexampled change in her con- duct towards us? In the laft war, fhe acknow- ledged us repeatedly, to be faithful, dutiful, zealous and ufeful in her caufe. Is it criminal in us, that our numbers, by the favour of Divine Providence, have greatly encreaſed? That the poor chufe to fly from their native countries in Europe to this continent? Or, that we have fo much improved theſe woods, fcanda that if we can be forced into an unfuccefsful refiftance, avarice itſelf might be fatiated lous. with our forfeitures?] IT cannot with truth be urged, that pro- jects of innovation have commenced with us. yupo for -Corn cree Facts [256] This. we дес bey Be the ere i mey The ur ap goo dever Facts and their dates prove the contrary, Not a difturbance has happened on any part of this continent, but in confequence of fome immediate preceding provocation. To what purpofe? The charge of our af- fecting one great, or many fmall republics, muft appear as contemptible a madneſs to her, as it does to us. Divided as we are into many provinces, and incapable of union, except against lib 16m *The winds lift up the waves,' waves,"-faid a wife man- yet we read of a weak man, who fcourged waves-but he had not raiſed them. To excite commotions, and then to fcourge for being excited, is an addition to the wildness of a Xerxes, referved more particularly to diftinguifh the prefent age, already fufficiently illuftrious by the injuries offered to the rights of human nature. + The genius of a Beccaria fuggefted to him the condi-' tion of a large empire verging into fervitude-the only plan for faving it-and the difficulty of executing that plan." An overgrown republic (fays he, and fuch a li- mited monarchy as that of Great-Britain with fuch an extent of dominions, may well be called "an overgrown republic,") can only be faved from defpotifm, by fub- dividing it into a number of confederate republics. But how is this practicable? By a defpotic dictator, who with the courage of Sylla, has as much genius for building up, as that Roman had for pulling down. If he be an ambitious man, his reward will be immortal glory; if a philofo- pher, the bleffings of his fellow citizens will fufficiently confole him for the lofs of authority, though he fhould not be infenfible to their ingratitude. What was argument in Italy, is reality to Great-Bri- tain, with this additional circumftance in her favour, that the muft always continue, if fhe wifely conducts her affairs, though [ 37 ] against a common danger, fhe knew, that we could not think of embarking our treaſures mont H of though lefs than all, yet greater than any. The immenfe advantages of fuch a fituation are worthy the clofeft atten- tion of every Briton. To a man, who has confidered them with that attention, perhaps it will not appear too bold to aver, that, if an archangel had planned the connexion between Great Britain and her colonies, he could not have fixed it on a more lafting and beneficial foundation, unless he could have changed human nature. A mighty naval power at the head of the whole that power, a parent ftate, with all the endearing fentiments attending the relationship--that never could difoblige, but with defign -the dependent ftates much more apt to have feuds among themfelves-fhe the umpire and controuler-thofe ftates producing every article neceffary to her greatneſs their intereft, that the fhould continue free and flouriſh- ing their ability to throw a confiderable weight into the feale, fhould her government get UNDULY POISED-fhe and all thofe ftates PROTESTANT are fome of the cir- cumftances, that delineated by the mafterly hand of a Beccaria, would exhibit a plan, vindicating the ways of heaven, and demonftrating, that humanity and policy are nearly related. An Alexander, a Cafar, a Charles, a Lewis, and others have fought through fields of blood, for univerfal empire. Great Britain has a certainty, by population and commerce alone, of attaining to the molt aftonifhing and well founded power the world ever faw. The circumftances of her fituation are new and ftriking. Heaven has offered to her, glory and profperity without Commerce meaſure. Her wife minifters difdain to accept them- and prefer- a pepper corn."de 66 So directly oppofite to the intereft of Great Britain has the conduct of adminiftration been for fome time paft, that it may fafely be affirmed, that, if their view was to eftablish arbitrary power over Great Britain, fchemes more dangerous could not have been laid. To profess *Mr. Nugent's fpeech this Giving ще for a Pepper-Core_ [ 58 ] of tranquillity and liberty, on an ocean of blood, in a wandering expedition to fome Utopian port. The hiftory of mankind, from the re- moteft this purpofe, would enfure a defeat, Any man, who had fuch a defign, would firft take the opportunity of peace, TO SET ONE PART OF THE SUBJECT AGAINST THE OTHER. This might be done in the following manner. Let every feffion of parliament produce a fresh injury. Give no reft, or hope of reft. Let infult added to infult fill up the vacancies between the feffions. Teafe and perfecute into oppofition. Then let minifters themſelves rejoice in the freedom of the prefs. Let every action of the oppreffed be exaggerated. Let innumerable falfe in- vectives be vented in pamphlets and news-papers. Let all the provocations and excufes be concealed from pub- lic fight as much as poffible. Load the devoted with the terms of traitors and rebels. Nearly in this way Scotland. was treated by the arbitrary miniftry of Charles the Firſt. But the parliament and people of England had common fenfe and virtue. The bafe deception could not pafs upon them. They faw the fnare laid for them; and refented it fo deeply, that an army of Englishmen fled before an army of Scotchmen at Newburn. For once it was glorious to fly. But it required English heads and English hearts to under- ftand and to act the part. Thus the colonies have been treated. At laft a civil hreatens Civil War war may be worked up. It fhould be confidered, as Lord Mansfield expreffes it-whether the play is worth the candle." In fuch a war, every victory will be a defeat. If the colonies are fubdued, vaft fums must be raiſed, and a prodigious army muft be fupported, to keep them in fubjection. Great-Britain muft feel the weight of that in- fluence, added to the power of the crown. The colonies are encreafing. Who can compute the extent and effect of [ 59 ] moteft antiquity, furniſhes not a fingle in- ftance of a people confifting of huſbandmen H 2 and of fuch an influence? Undone by her victories, fhe muft & a future. refign her LIBERTY or fome future MONARCH WITH HER Monarch COLONIES, unlefs fhe firft lofes them in another way. If fhe << But, on the other hand, it is to be confidered, that every prince, in the first parliament after his acceffion, has by long ufage a truly royal addition to his hereditary revenue fettled upon him for his life; and has never any occafion to apply to parliament for fupplies, but upon fome public neceffity of the whole realm. This reftores to him that conftitu tional independence which at his firft acceffion feems, it must be owned, to be wanting. And then, with regard to power, we may find perhaps that the hands of government are at leaft fufficiently ftrengthened; and that an English monarch is now in no danger of being overborne by either the nobility or the people. The inftruments of power are not perhaps fo open and avowed as they formerly were, and therefore are the lefs liable to jealous and invidious reflections; but they are not the weaker upon that account. In fhort, our national debt and taxes (befides the inconve- niences beforementioned) have alfo in their natural confequences thrown fuch a weight of power into the executive fcale of government, as we can- not think was intended by our patriot ancestors; who gloriously ftruggled for the abolition of the then formidable parts of the prerogative, and by an unaccountable want of forefight established this fyftem in their ftead. The entire collection and management of fo vaft a revenue, being placed in the bands of the crown, have given rife to fuch a multitude of new officers, created by and removeable at the royal pleafure, that they have extended the influence of government to every corner of the nation. Witnefs the commiffioners, and the multitude of dependents on the customs, in every port of the kingdom; the commiffioners of excife, and their numerous fubbalterns, in every inland diftrict: the postmasters, and their fervants, planted in every town, and upon every public road; the commiffioners of the ftamps, and their diftributors, which are full as fcattered and full as numerous; the officers of the falt duty, which, though a fpecies of excife and conducted in the fame manner, are yet made a diftinct corps from the ordinary managers of that revenue; the furveyors of beufes and windows; the receivers of the land tax; the managers of lotteries; and the commiffioners of hackney coaches; all which are either mediately or immediately appointed by the crown, and remove- able at pleaſure without any reafon affigned: thefe, it requires but little penetration to fee, muft give that power, on which they depend for fub- fiftence, an influence moft amazingly extenfive. To this may be added the frequent opportunities of conferring particular obligations, by prefe- rence in loans, fubfcriptions, tickets, remittances, and other money transactions, which will greatly encreafe this influence; and that over thofe perfons whofe attachment, on account of their wealth, is frequently the moft de- firable. All this is the natural, though perhaps the unforeſeen, confe- quence of erecting our funds of credit, and to fuppert them eftablishing our prefent perpetual taxes: the whole of which is intirely new fince the Re [ 60 ] 300 ni, olyn and merchants, voluntarily engaging in fuch a phrenzy of ambition. No. Our higheft pride fhe is unfortunate, public calamities may make great changes. Such changes feem to be intended by fome men. Great-Britain has been led into the Rubicon. She has not yet paft it. We confider the hoftilities already practifed, as the manoeuvres of a minifterial war. We know the machinations formed against us, and the fa- Unjust Reflechon vourite publications induftriouſly ſpread abroad, to excite a jealoufy of us among our British brethren. We know how acceptable to many an earthquake would be to "fink fome of the colonies in the ocean"-and how pleafing, to employ the reft" in raifing Staple commodities:" That we are thought "too numerous," and how much it of Earthquake & the rest employden in Staple Commas, would be judged by fome for the intereft of Great Britain 3. Millions if a peftilence fhould fweep off a million and a half of us. Thefe wonderful lucubrations have not efcaped us. But here we are, by Divine Providence, three millions of fouls. What can be done with with us? If we were to Reftoration in 1660; and by far the greateft part fince the Revolution in 1688. And the fame may be faid with regard to the officers in our nume- rous army, and the places which the army has created. All which put together gives the executive power fo perfuafive an energy with refpect to the perfons themfelves, and fo prevailing an intereft with their friends and families, as will amply make amends for the lofs of external prerogative. "But, though this profufion of offices fhould have no effect on in- dividuals, there is ftill another newly acquired branch of power; and that is, not the influence only, but the force of a difciplined army: paid indeed ultimately by the people, but immediately by the crown; raifed by the crown, officered by the crown, commanded by the crown. They are kept on foot it is true only from year to year, and that by the power of parlia- ment; but during that year they muft, by the nature of our conftitution, if raifed at all, be at the abfolute difpofal of the crown. And there need but few words to demonftrate how great a truft is thereby repofed in the prince by his people. A truft, that is more than equivalent to a thouſand little troublefome prerogatives. "Add to all this, that, befides the civil lift, the immenfe revenue of almoft feven millions ferling, which is annually paid to the creditors of the public, or carried to the finking fund, is firft depofited in the royal ex- chequer, and thence iffued out to the refpective offices of payment. This revenue the people can never refufe to raife, becauſe it is made perpetual by act of parliament; which alfo, when well confidered, will appear to be a truft of great delicacy and high importance." I BLACKSTONE's Com. b. 1. ch. 8. p. 334-336. DE JONATHAN SHIPLEY, Biſhop of S'!Afaph. [61] glory has been, with bumble un- dered, only as PROTESTANT Torpecting femed by a wife people. Such a old not be careful to difluse us from make us for when they might have s dares have thought it rue policy to grant ne 126 in an of depen Great-Br freedom er. Firm fr or as lord chief justice Cu et on the 25th of Edward ing ftandeth more affared be e fubject, than by the dread Ought Great Britans to dep Why preten деренны Farab in put hertelf is ve wenty because the fections atinog tions that connect efs the furprize that Impolicy, in labouring has in the world they could not kingdoms. our happy day of asitly from minifters, wagement be to us an CONST ip and Tweetnefs st f betweed ugh act If property and, at al wton the duration of it. Bihop 32 2 2 2 2 2 2e DETONATILAN SHIPLEY Bishop of S Aliph. [ 61 ] pride and glory has been, with humble un- er of fufpecting dimo srl to enotiin or anom Protest "Allies to be confidered, only as * PROTESTANT allies, we ought to be efteemed by a wife people. Such a people certainly would not be careful to difunite us from their intereft to make us foes when they might have us friends. Some ftates have thought it true policy to grant greater indulgences to remote dominions, than were en- joyed by themſelves: And this policy has been much ap- plauded. The enjoyment of valuable privileges by infe- rior ftates, under the protection of a fuperior, is the ftrongest bond of dependance Why fhould we prefer a Why prefer dependance on Great-Britain to a dependance on France, if we enjoy lefs freedom under the former, than we may дережданес under the latter? Firmiffimum imperium, quo obedientes en Frana ho GAUDENT" or as lord chief juftice Coke expreffes it, in G. Britain, his comment on the 25th of Edward the Third, "the ftate of a king ſtandeth more affured by the love and bec. they owe favour of the fubject, than by the dread and fear of laws, &c.'" + Ought Great-Britain to defpife the advantages everything The to us. CM. *Great Britain put herfelf to a very confiderable expence laft war in defence of Portugal, becaufe that kingdom was her ally, and the derived great advantages from an intercourfe with her. But what are thofe ad- vantages or the affections arifing from them, when compared to the ad- vantages and affections that connect thefe colonies with Great Britain? Words cannot exprefs the furprize, that men free from paffion muft feel,, on confidering her impolicy, in labouring to disjoin from herfelf the only true friends fhe has in the world. If her minifters were penfioners of France and Spain, they could not purfue meaſures more pleafing and ad- vantageous to thofe kingdoms. "During all our happy days of concord, partly from our national moderation, and partly from the wifdom, and fometimes perhaps from the carelessness of our minifters, they have been trufted in a good meaſure with the entire management of their affairs; and the fuccefs they have met with ought to be to us an ever memorable proof, that THE TRUE ART OF GOVERNMENT CONSISTS IN NOT GOVERNING TOO MUCH, And why fhould friendship and gratitude, and long attachments, which infpire all the relish and fweetnefs of private life, be fuppofed to be of no weight in the intercourfe between great communities? Thefe are princi- ples of human nature, which act with much greater certainty on numbers than on individuals. If properly cultivated they may to us be productive of the nobleft benefits; and, at al: events, will neither leffen the extent of our power, nor fhorten the duration of it." Bishop of ST, ASAPH's Sermon, p. 13. ne RE in 4 ni. or [ 62 ] * Have not un elevate her to that exalted ſtation fhe holds fufpecting duty to labour in contributing to elevated hemamong the nations of the earth, and which, Oh we ftill ardently defire and pray, the may hold, with fresh acceffions of fame and pro- fperity, till time fhall be no more. THESE being our fentiments, and, we are fully convinced, the fentiments of our bre- thren throughout the colonies, with unfpeak- able affliction, we find ourfelves obliged to oppoſe that fyftem of dominion over us, ari- fing The actually receives with fafety from us, becaufe, by the No such Idea adoption of Spanish maxims, the might with danger extort more? It is the duty of every colonift to oppofe fuch maxims. They threaten ruin to our mother country and to us. We fhould be guilty of treafon againſt our fovereign and the majefty of the people of England, if we did not op- pofe them. England muft be faved in America. Here- after, fhe will rejoice that we have refifted-and thank us Her wifdom will in a ſhort time We thank them, buture for having offended her. difcover, the artifices that have been uſed by her worst have always enemies to enflame her againſt her dutiful children; that sand ourselves, administration; and will clearly diftinguiſh, which will fhe has fupported not her own caufe but the caufe of an & must save moft conduce to her benefit, fafety, and glory, well treated and affectionate colonies, or millions of flaves, an un- them from Anarnatural encrease of her standing forces, and an addition to the chy or Despoti, influence of the crown, defying all calculation. *It has been fuggefted, "that fubjects fometimes err, by not believing that princes mean as well as they do"- But, the inftances are numerous where princes and their courtiers err, by not believing, that fubjects mean as well as they do. [ 63 ] fing from counfels pernicious both to our pa- rent and her children-to ftrive, if it be pof- fible, to cloſe the breaches made in our for- mer concord-and ftop the fources of future animofities. And may God Almighty, who delights in the titles of just and merciful, in- cline the hearts of all parties to that equitable and benevolent temper, which is neceffary, folidly to eſtabliſh peace and harmony, in the place of confufion and diffenfion. THE legislative authority claimed by par- liament over thefe colonies confifts of two Legre claims Regul" of ne 120 in hh 4 n on heads-firft, a general power of internal le- Intlonistay ns- giflation; and fecondly, a power of regulating our trade: both the contends are unlimited. Under the firft, may be included among other Fade powers, thofe of forbiding us to worship) our Creator in the manner we think moft onsense acceptable to him-impofing taxes on us. Does any Goot collecting them by their own officers-enfor- us- cing the collection by admiralty courts or subsist without courts martial-abolishing trials by jury- Jaxes. eftablishing a ftanding army among us in *See Canada bill. time + The army under the command of General GAGE, Their Afrem- in the province of Maffachusetts Bay alone amounts to feveral thouſand men-kept there without confent of their obly has nothing afſembly, and to be augmented as the General fhall think to do with it. proper. "I 24 [64] without confent without confent of our affem- time of peace, ovih log od si li blies 797 blido d bas I muft own, Sir, I can fee but one reafon for raifing at this prefent juncture, this additional number of troops, and that is to ftrengthen the hands of the mi- nifter againſt the next election, by giving him the power of difpofing of commiffions to the fons, brothers, nephews, coufins, and friends of fuch as have intereft < in boroughs, into fome of which, perhaps, troops may be fent to procure the free election of their members, in imitation of the late Czarina fending her troops into Poland to fecure the free election of a king. • But ftill there is one thing more fatal than all I have yet named that must be the confequence of fo great a body of troops being kept on foot in England, and will be the finishing ftroke to all our liberties. For as the towns in England will not be able much longer to contain quarters for them, moft of thoſe who keep public houfes being near ruined by foldiers billeted on them; fo on pretence of the neceffity of it, barracks will be built for quartering them, which will be as fo many fortreffes WITH STRONG GARRISONS IN THEM, erected in all parts of England, WHICH CAN TEND TO NOTHING, ⚫ but by degrees to fubdue and enflave the kingdom.9992 . 6 6 parts vd. But if ever this fcheme fhould be attempted, it will be incumbent on every Englishman to endeavour to pre- vent it by all methods, and as it would be the laft ftand that could be ever made for our liberties, rather than fuffer it to be put in execution, IT WOULD BE OUR DUTY TO DRAW OUR SWORDS, AND NEVER PUT THEM UP, till our liberties were fecured, and the authors of our intended flavery brought to condign punishment. I hope I fhall be forgiven if during the debates I fhall take the liberty of fpeaking again; for I am determined to fight inch by inch, every propofition that tends, as I think this does to the enflaving my country." Lord Viscount GAGE's Speech in 1739. Parl. Deb. book 11th, p. 388. See Montefq. on ftanding armies. 2, [ 65 ] blies-paying them with our money-feizing I Our There are some foolish Cremo- nies between A minifter declared in the Houfe of Commons, that he fhould always confider it as a part of the conftitution that the military fhould act under the civil authority." But, by order, the commander in chief of the forces has precedence of a governor, in the province under his go- vernment. By his majefty's order, tranfmitted in a letter. dated the 9th of February 1765, from the fecretary of Goor: Comin Theef wohought ftate to the commander in chief, it is declared, "that the orders of the commander in chief, and under him, of the brigadiers-general, commanding in the northern and to be see fouthern departments, in all military affairs, fhall be su- PREME, and muſt be obeyed by the troops, as fuch, in all regulated; ford Specifick orders have been given by the commander in chief, by no means the civil governments in America. That in cafes, where na or by the brigadier-general commanding in the district, the civil governor in council, and where no council there approve of mi- fubfifts, the civil governor, may, for the benefit of his go- vernment, give orders for the marching of troops, the dif- litary Gort for pofition of them, for making and marching detachments, hem any more efcorts, and fuch purely military fervices within his go- manus vernment, to the commanding officer of the troops, who is to give proper order for carrying the fame into execution: PRO- VIDED they are not contradictory to, or incompatible with, any order he may have received from the commander in chief, or the brigadier general oF THE DISTRICT." In May 1769 the houfe of reprefentatives for Maffa- chufets-Bay, requeſted Governor Bernard to give the neceffary and effectual orders for the removal of the forces by fea and land out of the port of Bofton, and from the gate of the city, DURING THE SESSION OF THE SAID ASSEM- BLY;" to which he anfwered-" Gentlemen, I have NO AUTHORITY over his majefty's fhips in this port or his troops within this town, nor can I give any orders for their removal. Fra. Bernard." May 31, 1769. Thus, our governors, the captains general and com- manders in chief, reprefenting the fovereign, and known to 20 [ 66 ] This makes. * our young men for recruits-changing con- ftitutions to the conftitution of thefe colonies, are deprived of their legal authority, IN TIME OF PEACE, by an order-and a perpetual dictatorial power eftablifhed over us. To accom- plish this great purpoſe, it was thought proper during the laft war, to change the mode of granting military commif- fions, and to pafs that to the general in America under the then you their great feal. It is not known, whether this uncommon Gent, wch ought formality has been obferved with regard to the major-gene- rals of the respective "DISTRICTS." to be. CM. Arading any Able *The Germans have been juftly celebrated in different ages for fagacity in promoting the arts, and for martial fpirit; yet how unhappy have they been made in a fhort period of time, by that fingle engine of arbitrary power, a ftanding army. Their diftrefs was wrought up to fuch a degree, that thouſands, and tens of thoufands, relin- quifhed their native country, and fled to the wilderneffes of America. It was a way of thinking and acting that became them. For Germans may truly be called the Fa- thers of Englishmen. From Germany came their anceſtors, and the first principles of the conftitution. Germans therefore feem to be more juftly entitled than other foreign- ers to the bleffings of that conftitution. To enjoy them, in this free couutry as it then was, they came here, but now unfortunately find, arbitrary government, and a Atanding army purfuing them even into thefe woods. Numbers of them now in theſe provinces, have ferved in the armies of the feveral princes in Germany, and know well, that one reafon with their rulers, for putting fwords into their hands, was to cut the throats of their own fathers, brothers and relations who fhould attempt to relieve themſelves from any part of their miferies. Their former fovereigns are now compleating, it is faid, the cruel tragedy of tyranny. They will not fuffer thofe they have made wretched, to feek for a more tolerable exiftence in fome other part of the globe. It is their DU- TY, fay thefe unfeeling princes, to be unhappy, and 66 I Blackft. P. 147 to [ 67 ] ftitutions of government *ftopping the prefs what proof, declaring any action, even a meeting of the fmalleft number, to confider of peaceable modes to obtain redrefs of grievances high treafon-taking colonifts to Great Britain to be tried-exempting" murderers" § of coloniſts from puniſhment, by carrying them to England, to anſwer indictments found in the colonies- fhutting up our ports-pro- hibiting us from flitting ** iron to build our 7 I thought houfes-making + hats to cover our heads, these Colonish or clothing to cover the reft of our bodies, were inclind &c. ++ ++ I 2 IN to allow us the manufac- heres- to renounce all hopes of relief." They are prohibited from leaving their country. Thoſe who have already efcaped into thefe colonies, remember what they and their parents fuffered in Germany. The old tell the ftories of their oppreffions to the younger; and however improbable it may appear on the other fide of the Atlantic, it is affert- ed by perfons well acquainted with this people, that they have very little inclination TO SUFFER THE SAME CRUEL- TIES AGAIN in America. * Bill for changing the conftitution of Maffachufets Bay + General Gage's proclamation, dated June 29, 1774. Refolves in the Houfe of Lords on 35th Hen. 8. ch. 2. § Bill for the adminiftration of juftice, &c. Boston act. **23d Geo. II. ch. 29. tt 5th Geo. Il. ch. 21. If Great-Britain has a conftitutional power to pro- Foolish hibit us from flitting iron as he has done, fhe has a con- ftitutional power, that is, a right, to prohibit us from raifing grain for our food; for the principle that fupports one Slitting Iron is Manufachere a Ir the Assemblies [ 68 1 is nested the exclut In our provincial legiflatures, the beſt tive right of intend judges in all cafes what fuits us-founded on Gegislation. the Impossible & neues one law, will the other. What a vaft demand muſt be hole submitted to CA This is very consistent with their former declara- hom It has not yethappend as to horn. Every made on her for this article, and how firmly would her dominion be eſtabliſhed, if we depended wholly on her for our daily bread? Her modern writers confider colonists as flaves of Great Britain fhut up in a large workhoufe, con- ftantly kept at labour, in procuring fuch materials as the prefcribes, and wearing fuch clothes as the fends.- Should the ever adopt the meafure abovementioned, and on our complaints of grievances, withhold food from us -what then? why then, on her principle--it would be right--TO BE STARVED. To fay in fuch cafe we fhould have any other right, would be a "traiterous and rebellious denial of the fupreme legiflature of Great-Bri- tain," for the " has power of right to bind us by ftatutes IN ALL CASES WHATSOEVER. "" Let not any perfon object that the fuppofition of fuch a cafe is the fuggeftion of fancy. The Carthaginians, thofe mafters in the fublime politics of commerce-politics that have produced fo many dreadful fcenes upon earth, forbad the Sardinians to raife corn, in order to keep them in due fubjection. The East Indies, St. Vincents, the proceedings at Rhode Island, and the Bofton act, &c. give rife to many alarming apprehenfions in America. There are few men on this continent would be as much fur- prized at that meafure, as at fome late meaſures. The beginning juftifies any apprehenfions. Power debauches the affections. The improbability of cafes happening, is no anſwer in fuch important confiderations. The lau- dable fpirit of commerce may be inflamed into rapacity and Mischief that on arise from arbiter, cruelty in a nation as well as in an individual. We muft Gort is athibutes her WILL OF CONTINGENCIES DEPENDING ON THAT regard the POWER claimed by Great Britain, not folely WILL. or sous beforest irises. They hay But if fuch things be faid, and fuch cafes, in effect, be an infinite Respectforus. If the affixes no limits to her power why should we affix any to its effects?" I know (fays Mr. Hoadly) it is next to impoffible, that any fuch cafe fhould happen: put [ 69 ] 1 the immutable and unalienable rights of human nature, the principles of the conftitution, and charters put, it is neceffary to fpeak, upon the fuppofition of fuch cafes. And methinks it is but a narrow fpirited proceed- ing in us to go juft no farther in our notions, than a com- pliance with our own prefent condition forceth us; to ex- clude from our regard the condition of all other nations, and all cafes, but juft that which hath happened laft of all in our own." 22 That the plan of governing us by withholding neceffa- ries of life has been confidered, and in what light colo- nies are viewed at home, the following extracts will part- ly fhew." "It appears that the original and grand evil attending them was, the fettlement of fo confiderable a part in a cli- mate incapable of yielding the commodities wanting in Britain. "Theſe northern colonies, long after their difadvan- tageous nature was known, were continually increaſed by fresh migrations from Europe; which, as I before obferv- ed, ought totally to have been prevented, and fuch migra- tions have been encouraged only to the beneficial colonies. "Since the late war, Britain laid the trade of the co- lonies under fome very ftrict regulations, which certainly cut off many inlets by which they formerly received much Spanish and Portuguefe coin. The principle upon which fuch regulations were formed, of fecuring to the mother country alone all matters of commerce, I have already at- tempted to prove just and neceffary. "When once their fupernumeraries are become manu- facturers, it will require more than British policy to con- vert them into planters. "I muft think this point of fuch great importance, as to extend probably to the annihilation of manufactures in 24 our Ju [ 70 ] ли eye. my Co w For ho sets sto riser rise Boh Lon. Cris This not fair tho political charters and grants made by the crown at periods, when the power of making them was uni- our colonies. To conclude, it is in the propofed fettle- ment on the Ohio we must first look for hemp and flax; as fuch great numbers of the old American farmers have re- moved and fettled there, which may, in thofe fertile tracts, be cultivated in fuch abundance, as to enable us to underfell all the world, as well as fupply our own con- fumption. It is on thofe high, dry, and healthy lands, that vineyards will be cultivated to the beft advantage, as many of thofe hills contain quarries of ftone, and not in the unhealthy fea-coafts of our prefent colonies. To theſe we ſhould bring the fettlers from Europe, or at leaſt fuffer none to go north of New-York; by which means our num- bers would increaſe in thofe parts, where it is our intereft they ſhould increafe; and the report of the fettlers from the new colony on the Ohio would be a conftant drain of people from our unprofitable northern ones, by which means they would, in future times, as well as the prefent, be prevented from extending their manufactures. "What I fhall therefore venture to propofe is, that the government, through the means of a few merchants acquaint- ed with the American trade, that can be tolerably de- pended upon, fhould eftabliſh factors at Bofton, Philadel- phia, New-York, and a few other ports, for the fale of fuch cargoes of British manufactures as fhould be confign- ed to them; and to confift of fuch particularly as were moft manufactured in the province, with directions im- mediately and continually to underfell all fuch colony manufactures. By this means the operation of the fuc- ceeding meafures, from the number of hands rendered idle, would be fo much eafier to be executed. "The fhips which carried out fuch cargoes fhould be large bulky ones, of eight, nine hundred, and one thou- fand tons burden, for the fake of bringing large quan- tities of deals, &c. back, at a lefs proportionate expence; and previous to their arrival in America, cargoes of thefe fhould [ 7 ] univerfally acknowledged by the parent ftate, a power fince frequently recognized by her,- fubject fhould be ready for them. The colonifts fhould be enga- ged to work their iron mines, and get the product ready in bars, &c. and vaft quantities of deals and fquared timber ready for loading the fhips: All which, on the certain and immediate profpect of a fale, would eafily be effected; as it is well known they have more than once proved to the legiflature, that they could fupply all Europe with thefe articles, had they but the demand. "But I laid it down as a rule to proceed upon, that trade, fishing, and manufacturing, were put an entire ftop to among the colonies. "If the fugar iflands contained ten millions of people, AS DESTITUTE OF NECESSARIES as they are at prefent, Britain would be as SURE of their allegiance as fhe is at prefent-provided no power more formidable than herſelf at fea arofe for their protection. why Fishing? ch Scandalous "The firft dependance of our colonies, as well as all their people, is, to change the terms a little, upon corn worked into bread and iron wrought into implements; or, in other words, it is upon neceffary agriculture and neceffary manufactures; for a people who do not poffefs thefe, to think of throwing off the yoke of another who fupplies them with them, is an abfurd idea. This is precifely the cafe with our fugar iflands. Let us fuppofe the continental colonies to be as happy in the neceffary agriculture as they really are, but to be abfolutely without manufactures, could they throw off their allegiance to Britain be their numbers what they would? No, certainly; for that is nothing more than fuppofing they fhould throw off their alle- giance to hoes and fpades, and coats and fhoes, which is I wish the abfurd to imagine: can any one imagine that a rebellion can be carried on among a people, when the greatest fuc-Amer! w think cefs muſt be attended with the lofs of half the neceffaries of this, before of life! Vw [ 66. The they engage Ch. in any Insurgency [ 72 ] Piso r 2 fubject to the controul of the crown as by law eſtabliſhed, is vefted the exclufive right of internal legislation. SUCH The following, among other effects relative to this point, would be the confequence of the plan fketched out in the preceding fection. "The people would depend on Britain for thofe necef- faries of life which refult from manufactures. "The cultivation of staples would be more profitable to them than any other employment whatever. This is fan { This should be E Certain Right. "The fale of thofe ftaples would depend on Britain. "The people would all be fpread over an immenfe country as planters ;---none of them collected in towns*. "To which circumftances I fhall add, in refpect to Britain's further policy, "That the fhould abide by the boundaries fixed al- ready to the old colonies, that of the rivers heads; and all further fettling to be in new colonies, wherever they were traced. "That fhe fhould keep the inland navigation of the continent, that is, of all the great lakes and navigable rivers, to herfelf, and not fuffer any fets of men to navi- gate them, and thereby communicate from one part of the continent to another. "That the fhould never fuffer any provincial troops or militia *This point, which is of infinite importance, would pretty fully be occafioned by other parts of the plan. But, to enfure fo great a point, no new towns fhould be fuffered, nor even villages; than which nothing could be eafier to manage: nor would they be any where neceffary but by the magazines of naval ftores for loading fhips. All poffible decreaſe of numbers in the cities already in being, fhould be effected. So fyftematis cally abfurd is it to found towns and cities, as Britain has hitherto con ftantly done, in all the colonies the has formed." [ 73 ] SUCH a right vefted in parliament, would place us exactly in the fame fituation, the K peo- ple militia to be raiſed, but referve entirely to herfelf the de- fence of the frontiers*. "That ſhe ſhould throw what obftacles fhe could, upon all plans of communication from colony to colony, or con- veniences of ſpeedy removals from place to place. "That in proportion as any colony declined in ftaples, They s. receive them, the inhabitants ſhould receive fuch encouragement encouragh to find new Staples. and threatened not to be able to produce a fufficiency of to leave it, as more than to drain its natural increaſe, un- lefs new ftaples were difcovered for it. "This is now the cafe with thoſe I have diftinguifhed by the title of the northern colonies; infomuch that Nova- Scotia, Canada, New-England, New-York, New-Jerfey, and Pennfylvania, would be nearly of as much benefit to this Country BURIED IN THE OCEAN as they are at prefent." Political Effays. The conduct of adminiftration correfponds exactly with the fentiments of this modern writer, and with the mea- fures purfued by Philip the Second of Spain againft the Low- Countries. The reafons given by one in adminiftration for attacking the colonies, feem to be copied (with fome fmall alterations on account of religion) from the famous advice of the unfeeling duke of Alva, that "fpecie retinendæ dig- nitatis," coft his mafter, his glory, his happineſs, and his provinces and funk his country into diftreffes, from which fhe is not yet recovered. "At vero dux Albanus ARMA & ULTIONEM, Contendebat, unicum læfæ auctoritati prin- cipis remedium. Quippe ceteris artibus ac diuturna fa- cilitate nihil aliud effectum, quam ut regi obedientia, re- bellibus timor adimeretur. Poftulaffe principio Belgas, ut Hifpanus è provincia miles excederet: id fcilicet unum deeffe conftantes ad quietem populorum. Num propterea, impetrata externorum miffione quievifle? An potius & con- fidentius efflagitaffe, ut---clavo deturbaretur GRAN- VELLANUS. Scandalous. *"Specie tuendi finium, jugum liberis provinciis meditatur." I worthy Consider. STRADA, lib. 2. [74] Is a thing the same as the 3 branches of Legislature in Pmult? en ple of Great Britain would have been reduced to, had James the Firft and his family fuc- ceeded VELLANUS. At unius forte naufragio complacatos fuiffe ventos.---Quin immo ut licentia crefcit facilius---homines à noftra facilitate fecuri---libellis deridiculis, flagitiofis con- fpirationibus---improbis palam carminibus---minis---pre- cibus armatis--extorferent quod averent---obftinatis in- verecunde legationibus Hifpaniam FATIGARENT---Hic quoque vifum clementiæ principis aliqua indigna pofcen- tibus indulgere. Enim vero quid ex illa indulgentia rela- tum, nifi ut votorum ubique compotes, non parendo : fub- ditos fefe oblivifcerentur, obfequium dedifcerent, atque exuta principis reverentia, communicata provinciarum de- fectione, tanquam culpæ focietate tutiores, humana omnia contrectatæ femel libertati poft haberent. Nunc vero non unius civitatis, fed provinciarum confenfu peccatum effe in regem. Nec quia rebelles in prefentia conquiefcant, mi- nus ferociæ animis ineffe, refumpturos utique vires, ubi matum ultionis abjecerint. Sic ille PRONUS AD ASPERIORA, differebat." Strada de bello Belgico, lib. 6. It is evident, that the British minifters have diligently ftudied Strada and the other authors who have tranfmitted The Americans to pofterity the pleafing and inftructive annals of Philippic policy, as every meafure they have taken, is founded on a in return have precedent fet by that celebrated ſchool of humanity. their favourit Teachers, all the faid---they follow him with no unequal ſteps. Great, Utopian Princi Temple will duely celebrate. Alva is the favourite mafter---on his conduct they keep their eyes fteadily and reverently fixed, and it may truly be good, and wife men! whom fome future Puffendorf or ples of the last "In 1564, GRANVILLE was removed from the coun- cil, to appease the people. Their joy was fhort lived; for unhappy Cen, as the fame meaſures were purfued, it foon began to be faid publicly, that though his body was removed from, his fpirit hery M. ftill influenced the council. Upon application for a re- laxation of the edicts, it was faid, that moderation had only made matters worse, and the obfervation of them was again enjoined upon more fevere penalties than before. "At [ 75 ] ceeded in their fcheme of arbitrary power. Changing the word Stuarts for parliament, and K 2 Britons "At length an ASSOCIATION was entered into, for mu- tually defending each other. This being figned by above 400 perfons of quality, who all protefted, that they meant nothing but the honour of God, the glory of the king, and the good of their country, they met and PETITIONED, that the proclamation might be revoked: but the king would con- fent to no mitigation. Good advice was given to him. But the duke D'Alva's violent counfel, WHO PROPOSED THE ENTIRE ABOLISHMENT OF THE LIBERTIES OF THE PROVINCES*, was moft pleafing and followed. The cruel duke was fent into the Low Countries with a powerful army. The counts D'Egmont and Horn were immediately feized, on a pretence that they had, underhand, fpirited up the people's difaffection. They were afterwards executed. All who had figned the ASSOCIATION or PETITION were declared guilty of † HIGH TREASON, and anfwerable for what had happened. A council called from its cruel proceedings, THE COUNCIL OF BLOOD, was erected for trying the accufed, from which there was no appeal. (NOTE WELL) Alva himfelf tried the accufed in their own country, where their friends and witneffes might attend them,-where the pains of death itfelf might be mitigated, by feeing with their dying eyes, that they ex- pired beloved and lamented. Here, the difciples exceed their tutor. This is too great a confolation to be in- dulged to a colonift. He must be carried 3000 miles acrofs the ocean-that he may not only die, but be in- fulted in his laft moments, with the mockery of a trial where the cleareft innocence ftands no chance of acquit- tal, and with the formality of a fentence founded on a fta- tute paft before the colonies exifted. On the approach On the approach who obstructo of the army, the prince of Orange and other lords fled; Jusher and being fummoned to appear before the council, in de- > modated of the gentleman is here again remarkable. Mr. Locke, in his 8th chapter on civil government, " Of the beginning of political focieties," immediately before the words abovemen- tioned "Whoever by inheritance," &c. fpeaks of a man who "unites his perfon which was before free to a fociety for the fecuring and regulating of property, and fubmits to the community thofe poffeffions which he has or fhall acquire, that do not already belong to any other govern- ment.' Theſe words the gentleman not thinking quite to his purpoſe in this place, feparates from the words of his quotation, and fo gives Mr. Locke's conclufion without his premiffes. However three pages after, he is fo candid, as to give the premiſes without the conclufion. How, or why? to fupport this moft curious diftinction--that Mr. Locke, in that celebrated part of his argument where ſpeak- ing of "government taking the property of fubjects," he fays "WHAT PROPERTY HAVE I IN THAT, WHICH ANOTHER MAY BY RIGHT TAKE FROM ME WHEN HE PLEASES," means no more" than that the fupreme legif- lative power has no right to take the property of others without their confent for the PRIVATE USE OR PURPOSE of the legislative." So that according to this conftruction the conftitution of a well eſtabliſhed government, or the freedom of a people, depends not on the great right which GOD has given them "of having a fhare in the government of themfelves," whereby their property is fecured, but merely, on the "purpose" to which the property taken from them without their confent is applied by thofe who thus take it. And yet this gentleman has feverely attacked the writer of the letters, for ufing the word "purpose" in a much more confined fenfe, in faying a "tax is an impofition on the fubject for the fole purpofe OF LEVYING MONEY." Mr. Locke, in the preceding chapter, fpeaking of mo- narchy fays, "that abfolute power purifies not mens bloods. For if it be aſked what fecurity or fence arifes in *Pa. 33. Juch [102] ought not the to- Conists to bear it's thare? modated themſelves, without alteration by ftatutes, to a change of circumftances, the wel- fare fuch a ftate, against the violence and oppreffion of the ab- folute ruler? the very queftion can ſcarce be borne. They are ready to tell you it deferves death, only to afk after fafety. Betwixt fubject and fubject they will grant there muſt be meaſures, laws and judges for their mutual peace and fecurity: But as for the ruler, he ought to be abfolute, and is above all fucb circumftances; becauſe he has power to do more hurt and wrong, 'tis right when he does it. To afk how you can be guarded from harm or injury on that fide where the ftrongeft hand is to do it, is prefently the voice of faction and rebellion." But here our opponent may come in with another diftinction. "Mr. Locke fpeaks here of an abfolute ruler, not of abfolute rulers. Lilly proves there is the fingular and plural number. A power that Mr. Locke would have held illegal in a Pififtratus or a Stuart, he would have held legal in the four hundred of Athens, or the parliament of Great Britain." Let the diftinction be allowed its due weight. Can it be believed that fuch a friend to mankind, as Mr. Locke was, could ever think abfolute dominion* juft or legal? Would not fuch a fenti- ment directly oppofe thofe principles, his benevolence in- duced him to take fo much pains to vindicate and efta- blifh? Would the found of the words- dependance-" "fubordination-" "within the realm-" part of the dominions-" &c. have convinced him, that it was "the indifpenfable duty of parliament to eafe the gentry and people of Great Britain by TAXING the colonifts without their confent?"-and that it was the indifpenfable duty of the colonifts on conftitutional principles to fubmit to fuch taxation? The learned fay that the too rigid attention of the mind to one idea fometimes is the caufe of madnefs. So rigid has been the attention of many heads in Great Britain to the idea of dependance, that it feems to have oc- cafioned a kind of infanity in them; and by ruminating, fpeech- If M Locke meant kind of civil fociety, that it is as inconfiftent with it, as flavery is with pro- this with regard to perry."”. Pailt, he is wrong in thy opinion in the set principle of Gort, wet must ever imply absolute power in the Legislature, or else that Legish w? be inefficheal to promote the welfare of itt subjects; but I fancy Mlocke is quoted partially. "Abfolute dominion, HOWEVER PLACED, is fo far from being one Locke on civil gover. p. 1749 [ 103 ] fare of the people fo requiring. A regard for that grand object perpetually animates the con- Share fpeechifying, and enacting about it and about it, they think it shirt. have loft all ideas of juftice, humanity, law and confti- tution, and in ſhort of every quality that ufed to diftin-justice that a guiſh men from the reft of this creation, and Englishmen merica Fe bear from the reft of mankind. But Mr. Locke's understanding, even in the prefent whirl of the political world, would have preferved him, juft and tenacious of his principles. The cafe he puts, and on which the author of the con- troverfy" argues, is that of a fubmiffion to the terms of go- vernment in a common-wealth. The queftion between Great Britain and the colonies, is, what are the terms of their connexion under all the circumftances of it? 6C It is not recollected that Mr. Locke ever infinuates, that the parliament of Great Britain might bind the people of Ireland by ftatutes," in all cafes whatsoever." Yet there was in his time a famous difpute concerning the authority of parliament over that kingdom. So far was he from favouring the claim of parliament, that it is hoped, it can clearly be proved, he favoured the other fide of the queftion. His friend Mr. Molineux, in a letter dated March 15, 1697-8, tells him of his intentions to vifit him-when he could get looſe from bufinefs: "But this I cannot hope for till the parliament in England rifes. I fhould be glad to know from you when that is expected, for indeed they bear very hard upon us in Ireland. How juftly they can bind us, without our confent and reprefentatives, I leave the author of the two treatifes on government to confider"- meaning Mr. Locke's two treatifes---one on government---point. Locke the other on civil government; though they are publiſhed There was no doubt in this alfo as one treatiſe, the first book of which is under the was right. re- firft title, and the fecond book under the fecond title. land had a Parlt 66 Mr. Locke, in his anfwer, dated April 6, 1698, fays, of it ou own. The " amongſt other things I would be glad to talk with you Colonies are formid about, before I die, is that which you fuggeft at the bottom of the first page of your letter. I am mightily concerned on the plan ofCourts for the place you meant in the queftion you fay you will deet, & were glad to afk her of East Greenwich. hold of the Manor CM [ 104 ] Nego minorem es unjust 66 conftitution, and regulates all its movements -unleſs unnatural obftructions interfere- "Spiritus intus alit, totamque infufa per artus Mens agitat molem, & magno fe corpore mifcet." ANOTHER argument for the extravagant power of internal legislation over us remains. It has been urged with great warmth againſt us, that "precedents" fhew this power is rightfully vefted in parliament. peace SUBMISSION to unjuft fentences proves not that the sentence a right to pafs them. Carelefsnefs or regard for the and welfare of the community, may caufe the fubmiffion. Submiffion may fome- times be a lefs evil than oppofition, and there- fore a duty. In fuch cafes, it is a fubmiffion to the divine authority, which forbids us to in- jure our country; not to the affumed authority, on which the unjuft fentences were founded. But when fubmiffion becomes inconfiftent with and deftructive of the public good, the fame veneration afk the author of the treatiſe you mention, and wifh extreme- ly well to it, and would be very glad to be informed by you what would be beft for it, and debate with you the way to compoſe it: but this cannot be done by letters; the fub- ject is of too great extent, the views too large and the parti- culars too many to be fo managed. Come therefore yourſelf, and come as well prepared as you can. But if you talk with others on that point there, mention not me to any body on that fubject; only let you and I try what good we can do for those whom we wish well to; great things have fometimes been brought about from fmall beginnings well laid together." Mr. Molineux quickly after came over from Ireland to England to fee Mr. Locke. [ 105 ] veneration for and duty to the divine authority, commands us to oppofe. The all wife Creator of man impreft certain laws on his nature. A defire of happinefs, and of fociety, are two of thofe laws. They were not intended to deftroy, but to fupport each other. Man has therefore a right to promote the best union of both, in order to enjoy both in the highest de- gree. Thus while this right is properly exer- cifed, defires, that feem felfifh, by a happy combination, produce the welfare of others. "This is removing fubmiffion from a founda- tion unable to fupport it, and injurious to the honour of GOD, and fixing it upon much firmer ground *.' 66 No fenfible or good man ever fufpected Mr. Hooker of being a weak or factious perfon, yet he plainly enough teacheth, that a fo- ciety, upon experience of univerfal evil, bave a right to try by another form to anſwer more ef- fectually the ends of government"-And Mr. Hoadley afks-Would the ends of government be deftroyed fhould the miferable condition of the people of France, WHICH HATH PRO- CEEDED FROM THE KING'S BEING ABSO- Not Parlt LUTE, awaken the thoughts of the wifeft heads amongst them; and move them all to exert themſelves, fo as that thofe ends fhould be better anſwered for the time to come? WHAT mind can relish the hardy propofi- tion, that becaufe precedents have been in- troduced O *HOADLEY'S difc. on government, [106] all kings no Parth, the Mack on Parth is reserved for these days. To be considerd troduced by the inattention or timidity of fome, and the cunning or violence of others, THERE- FORE the latter have a right to make the for- mer miferable-that is, that precedents that ought never to have been fet, yet being fet, re- peal the eternal laws of natural juftice, huma- nity, and equity *. THE argument from precedents begins un- luckily for its advocates. The firft produced- against ." I could never think A mortal's law of power or ftrength fufficient To abrogate the unwritten law divine, Immutable, eternal, not like thefe Of yesterday, but made ere time began." Sophocles's Antig. Frank. Tranfl. It ſhould be confidered, whether it ever was or ever can be the true intereft of a kingdom or ftate to violate the laws of natural juftice, equity, and humanity. Theſe laws may be called the laws of GOD. Can they be broken with impunity? The Scriptures are full of leffons on this fubject, and hiftory furniſhes inftances fufficient to alarm oppreffors, if they would attend to them. All the glories of Charles the Bold, Charles the Fifth, Philip the Second,--- Charles the Twelfth,-Lewis the Fourteenth, and a nu- merous lift of diftinguifhed princes, were overcaft, when unrelenting cruelty came to prefide over their refolutions. From Athens to Genoa the obfervation holds true. Let not the opinion be condemned as prefumptuous, before it be fully enquired into. It is worth an enquiry. "Difcite juftitiam moniti & non temnere divos." England has been profperous in many civil wars, but they were in defence of liberty. She never engaged in one againft liberty.---Would to Heaven, fhe would fet the world the much wanted example of lenity in government. Mankind might gain by it. The other mode has been fuf- ficiently tried, and proved to be impolitic and ruinous. [ 107 ] against us by the gentleman before men- tioned was an act paffed by the Commonwealth parliament in 1650 to "punish" Virginia*, If this Gentle- Barbadoes, Antigua, and Bermudas, FOR THEIR man corriderd FIDELITY TO CHARLES THE SECOND. SoDates, he wd not antient is the right of parliament to "punih" think that the Acts Colonifts for doing their duty. But the parlia- ment had before overturned church and throne, Cromwell in such precedent" fet a Part. had the least resemblan fo that there is an older 66 against thefe. acts paid by Kd. L. &C. THAT parliament fat amidſt the ruins that furrounded it, fiercer than Marius among thofe of Carthage. Brutal power became an irrefif- tible argument of boundlefs right. What the ftyle of an Ariftotle could not prove, the point of a Cromwell's fword fufficiently demonftrated. Innocence and Juftice fighed and fubmitted. -What more could they do? The Reftora- tion took place, and a legal parliament would not doubt but it had as extenfive a right as an illegal one. The Revolution fucceeded, and with it methods for blending together the powers of king and people in a manner before. This is hue but unknown. A new political alembic was fixed it was the most on the great principle of refiftance, and in it, justmanner fevere experiments were to be made on every thathuman 02 other reason can int ав This loyal, generous colony preferved its principles uent. I little with fuch fpirit, notwithstanding the oppreffion above- thought the mentioned, that in January 1659, they threw off all obe- dience to the parliament, replaced the king's governor, and Colonies w? proclaimed Charles the Second, feveral months before the Reftoration in Europe. object to the Rinciples of the Revolution Con [ 108 ] other principle of the conftitution. How the boldness of minifters and contempt of the people have increafed fince that period, not a man the leaft acquainted with English hiftory can be igno- rant. The Colonies were in a ſtate of infancy- sweet Children, ſtill in a ſtate of childhood. Not a fingle fta- tute concerning them is recollected to have been paft before the Revolution, but fuch as related to the regulation of trade. "Prece dents" were afterwards made, that, when they grew up, the authority of a mafter might fuc- ceed that of a parent. Th PRECEDENTS, it is apprehended, are no otherwife regarded in the English laws than as they eſtabliſh certainty FOR THE BENEFIT OF THE PEOPLE-according to the maxim- " miferable is the fervitude when the laws are uncertain." Precedents militating against the welfare or happiness of a people, are inconfif- tent with the grand. original principle on which they ought to be founded. Their fup- pofed fanction encreaſes in proportion to the repetitions of injuftice. They must be void. In fubjects of difpute between man and man, precedents may be of ufe, though not founded on the beft reafon, They cauſe a certainty, and all may govern themfelves ac- cordingly. If they take from an individual one day, they may give to him the next. precedents to overthrow principles, to juftify Nigo minorem the perpetual oppreffion of all, and to impair that Principle the power of the conflitution, though a cloud of are overthrown tr 2. But them [ 109 ] them appear, have no more force than the volumes of duft that furround a triumphal car. They may obfcure it: they cannot. ftop it. What would the liberties of the peo- ple of England have been at this time, if pre- cedents could have made laws inconfiftent with the conftitution? Precedents; tending to make men unhappy, can with propriety of character be quoted only by thofe beings to whom the mifery of men is a delight. Vino od bas "IF the ufage had been immemorial and uniform, and ten thouſand inftances could have been produced, it would not have been fufficient; becauſe the practice muft likewife be agreeable to the principles of the law*, in order to be good: whereas this is a practice inconfiftent with, and in direct oppofition to, the first and cleareft principles of the law +"-to thofe feelings of humanity, out of which man- kind will not be reafoned, when power advances with gigantic ftrides threatening diffolution to a ſtate-to thofe inherent though latent powers of fociety, which no climate, no time, no conftitution, no contract, can ever deftroy or diminish." A * This is a maxim of law, that-" a bad ufage ought This is an to be abolished." t + Letter on general warrants.- 1 Blackftone, p. 245. EQUAL DISTRIBUTION of JUSTICE, and FREE EN- JOYMENT OF PROPERTY, are the great objects of fociety; Usage agreable to Law & Justice. and [ 110 ] 2 lobe. Will not A PARLIAMENTARY power of internal le- giflation over thefe colonies, appears therefore to us, equally contradictory to humanity and the conftitution, and illegal. As to the fecond head, a power of regula- ting our trade, our opinion is, that it is legally vefted in parliament, not as a fupreme legif- Our Legislature lature over theſe colonies, but as the ſupreme is then what the legiflature and full reprefentative of the parent they please to allow it Itate, and the only judge between her and her children in commercial interefts, which the nature of the cafe, in the progrefs of their they in time lay growth, admitted. It has been urged with aside this Judge, great vehemence against us, and feems to be & say they are thought their fort by our adverſaries, better judges and a power of legiſlation, if conftitutional, muft themselves. CM that a power of regulation is a power of legiflation, be and no time, precedent, ftatute, or inftitution, fhould deter men from keeping thefe UPPERMOST in their thoughts." Mr. Hume's hift. of England. "The jurifdiction of the ftar chamber, martial law, impriſonment by warrants from the privy council, and other practices of a like nature, though established for fe- veral centuries, were fcarce ever allowed by the English to be parts of their conftitution: THE AFFECTION OF THE NATION FOR LIBERTY STILL PREVAILED OVER ALL PRECEDENT, AND OVER ALL POLITICAL REASONING: The exerciſe of theſe powers, after being long the fource of fecret murmurs among the people, was, in fulneſs of time, folemnly abolished, as illegal, at leaft as oppreffive, by the whole legiflative authority." id. To thefe inftances may be added, the late practice of general warrants, that had the fanction of precedents, even fince the Revolution, [ 111 ] be univerfal and fupreme in the utmoft fenfe of the words. It is therefore concluded, that the colonists, by acknowledging the power of regulation, have acknowledged every other power. On this objection we obferve, that according to a maxim of law," it is deceitful 7 Jew general and dangerous to deal in general propofitions." Propositions The freedom and happineſs of ftates depend are correct. not on artful arguments, but on a few plain principles. The plaufible appearance of the ob- *Our chance of fuccefs would be flight indeed, if it depended on fubleties of reafoning. Who can refift the fkilful and courageous attacks of thofe Britons, who have not long fince diftinguifhed themfelves in the polemical fields? Have they not proved to the fatisfaction of thou- fands, the non-existence of matter-the neceffity of human actions-confequently the innocence of them-the comfortable mortality of the foul-that virtue is a name- vice a jeft-liberty a non-entity-chriftianity an impofture -and, with due deteftation be it mentioned, that we have no idea of power, nor of any Being endowed with any power, MUCH LESS of one endowed with infinite power? With explofions of learning and flaſhes of wit, theſe well trained troops would keep up a terrible fire of artillery and fmall arms againft us undifciplined Americans. We muft not meet them in the fhock of battle. THAT WOULD BE MADNESS IN THE EXTREME. We muft make the moſt of our natural advantages.---There we are fafe; and all the forces that can be brought to the affault, will never be Note able to prevail against us. To drop the metaphor. quiry ceafes to be rational, and becomes both whimfical and pernicious, when it advances as far as fome late au- thors have carried it, to controvert the firft principles of knowledge, morality, religion, and confequently the fun- damental laws of the British government, and of all well regulated fociety." Mr. Beattie on truth. "In- It [ 112 ] I do not objection confifts in a confufed comprehenfion of feveral points, entirely diftinct in their na- ture, and leading to confequences directly op- pofite to each other. There was a time, when England had no colonies. Trade was the object the attended to, in encouraging them. A love of freedom was manifeftly the chief motive of the adventurers. The connexion of colonies with their parent ftate may be called a new object of the English laws. That her right extinguiſhes all their rights,-rights effential to freedom, and which they would the meaning have enjoyed, by remaining in their parent of the, perhan, ftate, is offenfive to reafon, humanity, and the conftitution of that ſtate. Colonies could not it is that they have been planted on thefe terms. Represent if Englishman, but an ideot, would have become a colonift on thefe conditions? to mention no Mey acquird a We more particulars, We mure the gained, might rightfully be taken from him more particulars, "That every fhilling he same arghags! trial by jury abolished-the building houfes, Part but it is or making cloths with the materials found or raifed in the colonies, prohibited-and armed We change be men fet over him to govern him in every mus here, where action ?** mt have had a not huth. Injustice is sus- pected What HAD It has been afferted by fome men diftinguifhed as hiftorians, that the zeal of the reformers in religion en- gaging them to think liberally on that fubject, led them to think with like freedom in civil affairs, whereby the government of England received its greateft improvement. If the fentiment is juft, may it not be inferred, that con- tempt for religion, muft neceffarily introduce an indif- ference for all the juft rules of government and the princi ples of the conftitution? [ 113 ] it HAD thefe provinces never been fettled- had all the inhabitants of them now living, been born in England, and refident there, they would now enjoy the rights of Englishmen, that is, they would be free in that kingdom. We claim in the colonies thefe and no other rights. There no other kingdom or ftate in- terferes. But their trade, however important may be, as the affairs of mankind are cir- cumftanced, turns on other principles. All the power of parliament cannot regulate that at their pleaſure. It must be regulated not by parliament alone, but by treaties and al- liances formed by the king WITHOUT THE CON- SENT OF THE NATION, with other states and kingdoms. The freedom of a people confifts in being governed by laws, in which no altera- tion can be made, without their confent. Yet the wholeſome force of thefe laws is confined to the limits of their own country. That is, a fupreme legiflature to a people, which acts internally over that people, and inevitably im- plies perfonal affent, reprefentation, or flavery. When an univerfal empire is eſtabliſhed, and not till then, can regulations of trade properly be called acts of fupreme legiſlature. It ſeems from many authorities, as if almoft the whole power of regulating the trade of Eng- land was originally vefted in the crown. One reftriction appears to have been, that no duty could be impofed without the confent of par- liament. Trade was little regarded by our warlike ancestors. As commerce became of P more Paris to re- gulat Trade p20 yet it cannot. for the king may the thing did [ 114 ] 6C more importance, duties and feverities were judged neceffary additions to its firft fimple ftate, parliament more and more interfered. The conftitution was always free, but not al- ways exactly in the fame manner. By the Feodal law, all navigable rivers and havens were computed among the regalia, and were fubject to the fovereign of the ftate. And in England it hath always been held, that the king is lord of the whole fhore, and particu- larly is guardian of the ports and havens, which are the inlets and gates of the realm: and therefore, fo early as the reign of king John, we find fhips feized by the king's offi cers, for putting in at a place that was not a legal port. Thefe legal ports were undoubt- edly at firft affigned by the crown; fince to each of them a court of portmote is incident, the jurifdiction of which muft flow from the royal authority. The erection of beacons, lighthouſes, and fea marks is alfo a branch of Beacons ke the royal prerogative. The king may injoin Origin of. Ports any man from going abroad, or command any man to return. The powers of eſtabliſhing public marts, regulating of weights and mea- fures, and the giving authority to, or making current, money, the medium of commerce, be- long to the crown. By making peace or war, leagues and treaties, the king may open or ftop trade as he pleafes. The admiralty courts I thought the are grounded on the neceffity of fupporting a Colonish objectid jurifdiction fo extenfive, though oppofite to greatly to admi- the ufual doctrines of the common law. The rally Court laws [ 115 ] laws of Oleron were made by Richard the Firft, and are ftill ufed in thoſe courts.' In the Mare daufum" are feveral regulations made by kings*. Time forbids a more exact en- quiry P 2 *The power of regulating trade was carried fo far by the crown, as fometimes to impofe duties; and queen Elizabeth obtained feveral judgments in the exchequer on fuch regulations. Lord chief juftice Coke anfwers the argu- ment founded on thefe-in 2 inft. 62, 63. Princes aimed at too much power-exceeded due bounds-their impru- dence produced "grievances"-and the people, who always fuffer when their rulers are weak or wicked, would no longer truft fuch opportunities of oppreffion in their hand. The power of impreffing feamen fhews the exten- five authority in naval affairs trufted to "the crown.' 1 Blackft. 419. Fofter's rep. 154 22 So extremely averfe were the English to foreign affairs, and to the exercife even of parliamentary authority con- cerning them, that though the nation was juftly pro- voked against the French king for the injury done to Ed- ward the 1ft by withholding Acquitaine and his other inhe- ritances in manner (as lord chief juftice Coke obferves in his 2d, inft. p. 532.) and by fome cruel actions of Frenchmen against Englishmen, and had in full parliament granted him aids, fubfidies, for the maintenance of his wars in foreign parts, yet in the CONFIRMATIONES CHARTARUM, Ed. 1ft. therein taking notice," that many men doubted, whether thefe grants by parliament might not turn in fervage of them and their heirs, as prece- dents, exprefsly declares in thofe ftatutes, that fuch grants ſhall not be drawn into cuftom." The comment fays "it was holden that the fubjects of the realm ought not to contribute to the maintenance of the king's wars out of the realm-but this matter was never in quiet, until it was more particularly explained by divers acts of parliament." The comment then mentions feveral acts declaring that To be consi- dead, but This I fancy relates to no Engliſhman ſhould be bound to contribute to the king's Knights Ser- wars out of England, in Scotland, Gafcoigny, Ireland, vice Calais (though these three laft were countries dependent on 2 England) [ 116 ] quiry into this point: but fuch it is apprehend- ed will on enquiry be found to have been the of the crown, that our argument may power gain, England) and fays, "thefe acts of parliament are but declarations of the antient law of England.-But here may be obferved, that when any antient law or cuftom of par- liament" (fuch as before mentioned by making acts re- lating to foreign wars]" is broken, and the crown pof- feffed of a precedent, how difficult a thing it is, TO RE- STORE THE SUBJECT AGAIN TO HIS FORMER FREEDOM AND SAFETY." 2 inft. 527-529. 66 The author of "the controverfy," who with a libe- rality of fentiment becoming a pleader againſt freedom and the beft intereft of mankind, counts ftatute books"-" minifters"-" king's council"- king's council"-p. 77, 78. "fcraps of journals". -p. 81. and ordinances of "the rump parliament"-p. 87. among his " DEITIES" p. 78; and grieves that we poor infidel" colonifts will not pay his idols the veneration his zeal judges due to them, has collected a good many fragments of proceedings in the Houfe of Commons from the year 1614 to 1628. The amount is this, that the minifters of the crown infifted, that parliament could not make laws for America; that the commons doubted; but at length in 1724, came to an opinion, that the king's patent for a monopoly of fifhing on the coafts of America was a grievance,"---that a " claufe of FORFEITURE" againft thofe who interfered in To be considers the fithery was void---and paft a bill for a free liberty of fishing," &c. It appears in the debates that the fifhery was free before the patent was granted.---Thefe extracts do not fhew what became of the bill in the Houfe of Lords. One Mr. Brooke faid in 1621- "We may make laws here for Virginia, for if the king gives confent to this bill paft here and by the lords, this will controul the patent." It feems, as if the notion of the king's regulating power ftill prevailed, but, that a claufe of forfeiture" in fuch regulations was void. So much had the power of par- liament grown fince king John's reign. Nor does it ap- pear to have been unreafonable, as commerce became of more confequence. The inftance here mentioned, re- lated [ 117 ] gain, but cannot lofe. We will proceed on a conceffion, that the power of regulating trade is vefted in parliament. COMMERCE refts on conceffions and re- The reason is ftrictions mutually ftipulated between the different powers of the world *; and if these plain why Patt colonies were fovereign ftates, they would in is to superintend all probability be restricted to their prefentade; because, portion +. The people of England were free- whether it did. men, or not, the Frade lated to a regulation of trade; and however the king wobe nearly might have accommodated the point, with the other branches of the legislature, the whole proceeding is im- the same. material. If it was a right actually enjoyed by Englishmen to fish on the coafts of a plantation---and a grant by the crown of the fishery to the people of the plantation ex- cluding the people of England, could not diveft them of their right-or, if by the king's giving his confent to a bill paffed by lords and commons" the patent might be controuled"it does not follow, that the king, lords and commons could diveft the people of the plantations of all their rights. * Cafe of the Oftend Eaft India company. +"Another light, in which the laws of England confider the king with regard to domeftic concerns, is the arbiter of commerce. By commerce, I at prefent mean domeftic commerce only. It would lead me into too large a field, if I were to attempt to enter upon the nature of foreign trade, its privileges, regulations, and reftrictions; and would be alfo quite befide the purpoſe of theſe com- mentaries, which are confined to the laws of England. Whereas no municipal laws can be fufficient to order and determine the very extenfive and complicated affairs of traffic and merchandize; neither can they have a proper authority for this purpofe. For, as thefe are tranfactions carried on between fubjects of independent ftates, the municipal laws of one will not be regarded by the other. For which reafon the affairs of commerce are regulated by a law of their [- 118 ] men, before they were merchants. Whether they will continue free, they themselves muft determine. How they fhall trade, muft be de- termined by Germans, French, Spaniards, Ita- lians, Turks, Moors, &c. The right of acqui- ring property depends on the rights of others: the right of acquired property, folely on the owner. The poffeffor is no owner without it. "Almoft every leaf and page of all the volumes of the common law prove this right of property *." Why fhould this right be facred in Great Britain," the chief corner ftone" in the folid foundation of her confti- tution, and an empty name in her colonies? The lamb that prefumed to drink in the fame ftream with a ftronger animal, though lower down the current, could not refute the charge of incommoding the latter, by disturbing the water. Such power have reafons that appear defpicable and deteftable at firft when they are properly enforced. FROM this very principle arofe her power; and can that power now be justly exerted, in fuppreffion of that principle? It cannot. There fore, their own, called the law merchant or lex mercatoria, which all nations agree in and take notice of. And in particular it is held to be part of the law of England, which decides the caufes of merchants by the general rules which obtain in all commercial countries; and that often even in matters relating to domeftic trade, as for inftance with regard to the drawing, the acceptance, and the transfer of inland bills of exchange." Parlia. hift. [ 119 ] fore, a power of regulating our trade in- Je not the volves not in it the idea of fupreme legiflature least argument. over hade *This diftinction between a fupreme legiſlature and He has proved that a power of regulating trade, is not a new one. We find it clearly made, by the judges of England, at a period, Regulating when the modern profitable mode of blending together in as often executory parliament the authorities of the crown and people, had in the brown, often not extinguiſhed all reverence for the principles of the conftitution. dependant on To- By the ftatute of the 2d of Henry 6th ch. 4th Calais was wign Htates; but, confirmed a staple place for the wool exported from Eng- when Kr. LVC land, Wales and Ireland. Some wool fhipped from this laft kingdom, was configned to Sluice in Flanders. The make an Act for fhip by ftrefs of weather was forced into Calais, where the Regulation the wool was feized as forfeited. The chief queſtion in the exchequer chamber was, whether the ftatute bound of hade, it is the Ireland. In Rich. 3, 12, the cafe is thus reported "Et ibi quoad ad primam queftionem dicebant, quod terra Act of the Supreme Hibernia inter fe habet parliamentum & omnimodo curias Legislahire as prout Anglia, & per idem parliamentum faciunt leges & mutant leges, & NON OBLIGANTUR PER STATUTA IN much. asifit. ANGLIA, QUIA NON HIC HABENT MILITES PARLIA was an Actim. MENTI; fed hoc intelligitur DE TERRIS per REBUS IN TERRIS TANTUM EFFICIEND; fed PERSONA EORUM SUNT SUBJECTI REGIS, et tanquam fubjecti ERUNT obli gati ad aliquam rem EXTRA TERRAM ILLAM FACIEN- DAM contra ftatutum, ficut habitantes in Callefia, Gafcog- nia, Guien, &c. dum fuere fubjecti; & obedientes erunt SUB ADMIRALITATE ANGLIA DE RE FACTA SUPER AL- TUM MARE; et fimiliter breve de errore de judiciis reddi- tis in Hibernia in banco regis hic in Anglia.' Brooke, lord chief juftice of the common pleas, men- tions the cafe almoft in the fame words, title parliament 98-but fays- the chief juftice was of opinion, that the ftatutes of England fhall bind Ireland, which was in a manner agreed by the other juftices; and yet it was denied the former day: YET note, that Ireland is a realm of itſelf, and has a parliament in itfelf." Here it may be obferved, first, that the reafon affigned by the judges, why the ftatutes of England bind not the people. posing a Tax. [ 120 ] I think the certain Law as to Ireland. over us. The first is a power of a preferving The laft, as applied protecting" nature. to people of Ireland, though fpecially named, contains a con- ftitutional principle, the fine qua of freedom. Secondly, that the people of Ireland, as fubjects of the king, were. "under the admiralty of England as to things done on the high fea;" which is a ftrong confirmation given by the judges of England, to the fuppofition before made, of the power of regulating trade being formerly vefted in the king. Thirdly, that the opinion of the chief juftice, and of the other juftices, fuch as it was, "reddendo fingula fingulis, & fecundum fubjectam materiam," proves at moft, only that Ireland was bound by ftatutes regulating their trade, for fuch was the 2 Henry 6th ch. 4th on which the cafe arofe. Fourthly, that Brooke, a man of great eminence and dignity in the law, appears by his note, to have been diffatisfied with the judgment, though only on a ftatute of regulation, for this reafon of fuch weight with an Englishman- becaufe Ireland is a realm of itſelf and has a parliament within itfelf." Fifthly, that the authority of the crown, including the regulation of the trade of Ireland, and fending writs of error there, were fufficient reftraints, to fecure the obedience and fub- ordination of that kingdom. This reafon feems to have held its ground, till lord chief juftice Coke's time; and though a great reverence is entertained for his memory, yet it can never be acknowledged, that an "obiter dictum" of his, or of any other man, is a rule of law. In Calvin's cafe, the chief juftice reciting the foregoing cafe, fays, "Hibernia habet parliamentum, & faciunt leges, & noftra ftatuta non legant eos, QUIA non mittunt mili- tes ad parliamentum (which adds he," is to be under- ftood, unless they be efpecially named.) And does the "efpecially naming them" give them a reprefentation, or remove the injuftice of binding them without it? This obfervation in plain English would run thus: "Our ftatutes do not bind the people of Ireland, when we do not intend to bind them, BECAUSE, they are not repreſented in our parliament; but our ftatutes bind them, when we intend to bind them." What is this but faying- "that to fpeak of their not being reprefented, is a mere that, where namd, Stat bind them, is a proof of the Legislature over Ireland. jargon; supreme [ 121 ] to America, is fuch a power as Mr. Juftice Blackstone defcribes in thefe words, "whofe 66 enor- jargon; and the fole point is, whether it is our will to bind them"-or in other words-" that our ftatutes do not bind them, for a reafon as ftrong as man can give, and fo acknowledged by us to be, which yet is no reaſon at all: for, where there is no occafion for its operation, it applies not; and where there is occafion, it is of no force." His Lordfhip had juft before taken notice that a writ of error did lie in the king's bench of England of an erroneous judgment in the king's bench of Ire- land;" and perhaps that led him in the courfe of his ar- gument to imagine, there might be a like pre-eminence of the parliament of England over that of Ireland. That this was his reafon feems certain, becaufe at a meeting of commiffioners to confider of a projected union between England and Scotland, at which the chief juftice was pre- fent-Moor 796, it is faid, "that parliament has power over Ireland, AS IS PROVED by that a writ of error may be brought of a judgment in the king's bench of Ireland." In the 4th inft. he alfo fays the people of Guern- fey, Ferfey and Man are not bound by the ftatutes of Eng- land, unlefs they are fpecially named. Yet whoever ex- amines the ftatutes relating to Ireland, Guernsey, Jersey and Man, will have very little caufe to believe, that it has been thought in England, that ftatutes would general- ly bind the people of thofe countries, notwithstanding the fubjection of Ireland, and the other iflands, the many dif- treffes of the former, and the weaknefs of the latter have afforded opportunities of extending fuch a power over them. With refpect to all thefe places fcarce a ftatute can be found of any period, but for the regulation of their trade. The fame obfervation may be made as to Gafcoig- ny, Guienne, and Calais. Juftice Wylde, in 2 vent 5, faid, he had feen a charter whereby thefe places were recited to be united to England by mutual pact. And writs of error run thoſe." "Wales was a conquered country, and the people fubmitted to Edward the Firft de alto et baffo." Whatever pretence the chief juftice's opinion was found- ed on, it has been carefully repeated in many law books fince. Whether his lordfhip meant, that ftatutes of Eng- land could bind the people of Ireland, in taking away trials by [ 122 ] enormous weight fpreads horror and deftruc- tion on all inferior movements." The first is by jury, taxing them, and " in all cafes whatfoever," or only in preferving their fubordination, as by regulating their trade, which was the cafe referred to in his com- ment, does not appear. The parliament, in declaring the dependence of Ireland, did not venture to claim a power of binding the people of that kingdom" in all cafes whatſoever."* With refpect to all thefe declara- tions, however, as they are made to refer to us, we may case anfer as the lion did to the man in the fable. the Perhaps in this case linger Lion & Ama, the painter. Ch. The Case is difft a Law being made for Ameri- ca to prevent the palpable injustice they were guilty So here Courts are Much the fame arbitrary conftruction has been made (on the queftion, whether a man could be tried in England on a charge of committing treafon in Ireland. In queen Elizabeth's reign, "Gerrade, chancellor of Ireland, mo- ved that queftion to the counfel of the queen, and it was held by Wray, Dier, and Gerrarde, attorney general, he could not, becauſe he was a fubject of Ireland and not of England, and if tried in England, he could not be tried by his peers." Dier, 360. Afterwards, to gratify the queen's refentment againft fome rebels, they were tried in Eng- land; and thus paffion and complaifance made very good law againſt reafon and juftice. Having mentioned Calvin's cafe, it may not be im- proper to obferve, that if the author of "the contro- verfy" had taken the trouble of reading it, he might have found his perplexities removed on the queftion that has given him fo much anxiety, and brought fuch a load of reproaches on the colonies. He is provoked at our in- oblige often folence for pretending to be any thing more than aliens in to change the Veru England, while we deny the power of parliament to bind for fear of partiality M. "us" in all cafes whatever." In that cafe, the gentle- man would have difcovered, that the judges of England held, that a man born in Scotland, under the allegiance of James the Firft, after his acceffion to the throne of Eng- land, was entitled to all the rights of a fubject born in England; though the objection, that ftatutes of England could not bind Scotland, or a man refiding there, who held lands in England, was mentioned in the courfe of the argu- *Nor, to this day does parliament tax them, &c. And therefore the in- ference is juft, that neither they nor the chief juftice meant fuch a power. [[123] is a power fubject to a conftitutional check. Great Britain cannot injure us by taking away our commerce without hurting herself imme- diately. The laft is a power without check or limit. She might ruin us by it. The in- jury thereby to herfelf might be remote as to be defpifed by her. THE power of regulation was the only band that could have held us together; formed on one of thefe " original contracts," which only can be a foundation of juft authority. Without fuch a band, our general commerce with foreign nations, might have been injuri- ous and deftructive to her. Reafon and duty reject fuch a licence. This our duty refem- bles that of children to a parent. The parent has a power over them: but they have rights, what the parent cannot take away. Heaven grant that our mother country may regard us as her children, that if, by the difpenfation of Providence, the time fhall come, when her power Q2 argument. The great difficulty being got over, if the gentleman will go a ftep farther, and perceive fome these Colonies ar little diftinction between colonies proceeding out of the ] of the Writer loins of England, and the "conquered" countries of Ire- we consider ther land and Wales,-the countries of Gascoigny, Guienne, and Calais, "united by mutual pact to England," and the iflands of Guernsey, &c. " lying within the four feas, whose fovereigns annexed them to England:" and will only allow the colonifts a little more regard than is profeft in law books for thofe countries, and about as much as has been actually obferved towards them by parliament, he will have no further occafion to fay fevere things of thofe who are willing to efteem him; and then, if he can perfuade his worthy countrymen to adopt his fentiments, their anger will no longer give pain to thofe who almoft adore them. part of the Heats of Engl. holding of the mannos East Greenwich, he would see more. dre Privileges given them the would have been given a Scotchn under 8: 1st, there elect orbe clector our parts? wch as man at that time de [ 124 ] This is fallacions; power increaſes the memory of former kind- neffes, may fupply its decays, and her colo- nies, like dutiful children, may ferve and guard their aged parent, for ever revering the arms that held them in their infancy, and the breafts that fupported their lives, while they were little ones. IT feems, as if the power of regulation bec. if the KO. make might not inaptly be compared to the prero- gative of making peace, war, treaties, or alli- a peace disgraceful ances, whereby * ances, whereby "the whole nation are bound to the Nation, the AGAINST THEIR CONSENT:" and yet the Minister, who ad- prerogative by no means implies a fupreme vist it may be legislature. The language held in "the Com- impeached. mentaries" on this point is very remarkable. "With regard to FOREIGN CONCERNS the king is the delegate or reprefentative of the people; and in him, as in a center, all the rays of his people are united ; and the soVE- REIGN POWER quoad hoc is vefted in his per- fon." Will any Englishman fay thefe ex- preffions are defcriptive of the king's autho- rity, WITHIN THE REALM? Is the sovE- REIGN POWER within that vefted in his per- fon? He is ftiled "fovereign" indeed; "his realm is declared by many acts of parliament an empire, and his crown imperial." But do thefe fplendid appellations, the highest known in Europe, fignify, that "fovereign POWER is vefted in his perfon within the realm?" We have a full anfwer in the Commentaries. "The meaning of the legislature, when it uſes theſe terms * Blackft. 252, 257. + Fol. 252. Fol. 257. [ 125 ] terms of empire and imperial, and applies them to the realm and crown of England, is only to affert, that our king is equally fovereign and independent within thefe his dominions; and owes no kind of fubjection to any potentate upon earth. Thus we maintain, that with regard this is begging to FOREIGN AFFAIRS, the parent original ftate "is the delegate or reprefentative" of the the question; entire dominions," the fovereign power QUOAD maintain thas HOC is veſted" in her. Her acts under this query Right as power "irrevocably bind the whole nation." parent every Legislahme must have in But yet this power by no means implies a fu- preme legislature. THE exerciſe of this power by ftatutes was very part of abfolutely neceffary; becauſe it was, and could the World vät only be lodged, as the laws of the parent ftate all himes. ftand in the fupreme legiflature of that ftate, The whole Le- confifting of king, lords, and commons; and Statutes are the modes by which thefe united gislature must fentiments and refolutions are expreft. It is be absolute, hav univerfally acknowledged in Great Britain, that it infers no power of taxation in king and ing the sole care lords, that their limited authority is ufed in of the Lives, Li- cloathing, gifts and grants of the commons with berries, Proper- the forms of law-nor does it infer fupreme le- giflature over us, that the limited authority of his & hade of king, lords, and commons is uſed in cloath- every indivi- ing regulations of trade with the form of law. dual Subject. The commons joining in the law, is not ma- Read Read MrYorke's terial. The difference is only in the mode of affent. Theirs is exprefs, ours is implied, as Treatise on the affent of the "whole nation" is, in the Fafcitury. preceeding inftances. THIS 19. 4. Lds cannot tax without commons, but they have each a negative. Montesquieu explains it. [ 126 ] Here he seems have been pure in its principle, fimple in its THIS power of regulation appears to us to to wish Parl! operation, and falutary in its effects. But for had nothing fome time paft we have obferved, with pain, to do mun with that it hath been turned to other purpofes, Trade. His than it was originally defigned for, and re- taining its title, hath become an engine of in- Bishinchon is tolerable oppreffions and grievous taxations. very absurd The argument of an eminent judge ftates the betweers Frade point in a fimilar cafe ftrongly for us, in thefe & that Taxation halking hath the custody of the bavens and ports words." Though it be granted, that the he changes hi of this ifland, being the very gates Jo very gates of this ground every kingdom, and is trufted with the keys of thefe moment, & gates; yet the inference and argument there- upon made, I utterly deny. For in it there does not know is mutatio hypothefis, and a tranfition from a how to state his thing of one nature to another; as the premises are of a power only fiduciary, and in point of imagine-trust and government, and the conclufion infers ry line, weh a right of interest and gain. Admit the king has no found, has cuftodiam portuum, yet he hath but the cuftody, which is a trust and not dominium utile. hon in Law, but He hath power to open and fhut, UPON CON- own has is contary PLE AND STATE, but not to make gain and be- the principle nefit by it: the one is PROTECTION, the other is of every Govt. EXPILATION." By common law the king in the World, we may reftrain a fubject from going abroad, or enjoin him by his chancellor from proceeding a supreme at law: But to conclude, that he may therefore authority plaid take money, not to reftrain or not to enjoin, Is somewhere. In TO SELL GOVERNMENT, TRUST, AND COM- our Gook it is MON JUSTICE *. freed in K9. Lob. SIDERATION OF PUBLIC GOOD TO THE PEO- * Rights of the people, as to impofitions. THE EN D. which conhouts my actions, my Property & my Life as well as the American's wherever the pub- tic Safety requires it. And long may this Sacred Trust remain where the Constitution of the British Empire has placed Cl. Appendix. Hamp Act Congress Life of of Charles Thomson THE STAMP ACT CONGRESS. TAXATION and Represeithout Represent AXATION and Representation are insep- ation is Tyranny." These were the sententious forms in which our fathers, a hundred years ago, expressed their republican ideas of true govern- ment; and upon the doctrine and principles therein involved they grounded their faith and hope and justification when, a little later, they drew the sword and defied the armies of Great Britain. NTHLY MAGAZINE. With some respect for the opinions of mankind and the admonitions of a feeble conscience, the Government and publicists defended the policy with the false plea that the establishment and prosperity of the colonies were due to England's power and generosity. But there were English statesmen to be found bold and honest enough to expose the falsehood. When, at the period we are considering, an advocate of taxation in the British Parliament complained that the Americans were ungrateful, being, as he said, "children planted by our care and nourished by our indulgence," he was rebuked by an honest colleague, who exclaimed, "They planted by your care! No! your oppression planted them in America; they fled from your tyranny to a then uncultivated and inhospitable wilderness, exposed to all the hardships to which human nature is liable. They nourished by your indul- gence! No! they grew by your neglect of them. Your care of them was displayed, as soon as you began to care about them, in sending persons to rule over them who were the deputies of depu- ties of Ministers-men whose behavior, on many occasions, has caused the blood of those sons of liberty to recoil within them-men who have been promoted to the highest seats of justice in that country, in order to escape being brought to the bar of a court of justice in their own!" Georgia alone, which was settled by paupers from the debtors' jails of England, had received Parliamentary aid. The other colonies, unaid- ed and alone, had struggled up, during long years of gloom, from feebleness to strength. Of the vast sums which had been expended in fit- ting out expeditions, purchasing the soil of the Indians, and sustaining the settlers, neither the Crown nor Parliament ever contributed a far- thing; while the former, with the vulgar rapaci- them, setting the proprietors adrift, with that ty of the vulture, had seized upon several of peculiar gratitude that a victim feels toward a robber who has taken his purse but spared his life. They had built fortifications, raised ar- mies, and fought battles for England's glory and their own preservation, without England's aid, and often without even her sympathy. And it was not until the growing importance of the French settlements in America excited the jeal- ousy and fears of England, that her Ministers perceived the expediency of exercising some justice and liberality toward her colonies, in order to secure their loyalty and efficient co- operation. Parent and When the First Colonial Congress-held at Albany in the summer of 1754-was summoned, Massachusetts, ever jealous of her rights, in- structed her representatives in that body to op- pose any scheme for taxing the colonies by the Imperial Government without the sanction of When that First Colonial Congress was held the Colonial Assemblies. For a century almost the French and Indian War was kindling. It the English Government-controlled by selfish was a long and exhausting one. shop-keepers, and whose politics, as Montesquieu children suffered exceedingly. The latter (the says, were ever subservient to commerce-had colonists) gave to the cause the lives of twenty- been endeavoring to make the prosperous Amer-five thousand of their robust young men, ex- ican colonies not only to bear burdens at home clusive of more than two thousand sailors. They in support of their own existence and England's gave in treasure at least twenty millions of dol- honor against European and native foes, but to lars, and received from parliamentary appropri- convert them into mere commercial vassals-in-ations only five millions.. And while they were dustrious bees, hoarding honey for the pam- so generously supporting the power and dignity pered appetites of the British owners of the hive. of the realm-even before the war-clouds were liamet sculp The Right Honble GEORGE GRENVILLE. THE STAMP ACT CONGRESS. 35 ciently broken to admit more gleams of the sunshine of peace istry, regarding all their toils England's glory in increasing her domin the mere exercise of day to yal ared that England expected every fet Honey granted to the colon be paid back in the form of colonial industry! This policy generous in the extreme, was defer solutely false plea that the war and tary expenditures in America ag the imtosed lish and se, protection, and security of the Jonies and plantations in that coun onesty of this plea may be discovered of the fact that the colonists wer themselves without foreign aid; ver asked for British soldiers or shige motion after the Ponce of Paris, In they soon protested most vehemently presence of British troops in the the knowing, as subsequent events manif they were sent and kept here only as instru of oppression. The colonists had learned important lesson of power in UNION. They discovered their real moral, polisieal, and Physical strength; and having acquired over the savages of the wildernes in breaking the French ers into atoms, they felt the within them, and they the to submit to the narrow of Great Britain. With in Connecticut's armorial it sustinet-"He who tries "they boldly faced the F Seven Years' War ended d, but it had exhausted a heavy burden of Her funded debt had 18- Even tho dels and custom-haus deputies were furnished with Writs of Assistance, by which, said, the meanest deputy of a d might enter any man's house or was suspected contraband goods a privilege in direct oppis for be ay, ad- oit- the f of nd ive the the to as- ial id. 3, 1g- وو ers eir ed tis y" it ed ed LS- as S, ot b- d, id u- ly it. The: al pounds sterling he The cost of great alien ad as George Grenel 6- corge the inet. Not don as weak and to pay, nor the &, 0- a- er is 1, at le n I would not it of y a K- e S d jous sum of almost $700. og had lately died, his grasleon the throne with the title of Third, and new men, some of them some them wicked, were at the helm of State, liebe (who was his mother's favorite and d paramour), the pauper Scotch Earl of Bute, was made Prime Minister; and the great Pit, whose genius during the few pes eding years had placed England at the hand the nations, disgusted with the ignorance and Harrowness of the favorite, refused to be lis ague in the cabinet, and retired to private life. The colonial policy immediately adopted by the new cabinet was exceedingly unwise, nar- ow, and injurious. With the spirit of the Scotch King James the Second, the Scotch Prime Minister determined to meddle with, if not destroy, the American charters. He sought to "reform them," as he said; in other words, to crush all vitality out of them as the guaranties of freedom to the possessors, and to bring the colonies into a total subserviency, politically, religiously, and commercially, to the will of the King and Parliament. Secret agents were sent to America to prepare the way for the unbounded nor the righ posed the layin ported from foreign effect puss coloracs. Engl that time, dollsn cold day stamp that be from the colo way better he would accep ing this tribute as a colonial assemblies to an pake the coun it as a right ULIC n A stamp tax theory at this scheme for raising a local revenue in New York and Pennsylvania for many years. It was pro- posed in 1734 by Cosby, Governor of New York, 10 au Moti a ave The Right Honble GEORGE GRENTI THE STAMP ACT CONGRESS. 35 especially after they had shown such an abund- ance of wonderful self-help as they had exhibit- ed in the late war, they might soon present the sad condition of a people suffering the evils of "A Church without a bishop, A State without a king." وو sufficiently broken to admit more than occasion-rule of "lords temporal and lords spiritual;" for al gleams of the sunshine of peace-the British it appeared possible, if the Americans should be Ministry, regarding all their toils and sacrifices allowed to go on much longer in their own way, for England's glory in increasing her dominions as the mere exercise of duty by loyal vassals, declared that England expected every farthing of money granted to the colonies during the war would be paid back in the form of taxes imposed upon colonial industry! This policy, selfish and ungenerous in the extreme, was defended by the The first attempted "reform" was in aid of absolutely false plea that the war and subsequent the exhausted treasury. Money was needed and military expenditures in America were for the must be had; and it was determined to revive defense, protection, and security of the "British long neglected navigation laws concerning the colonies and plantations in that country." The Americans, and to enforce the collection of the dishonesty of this plea may be discovered by the revenue with a vigorous hand. The right to light of the fact that the colonists were able to tax the colonists, directly or indirectly, was as- help themselves without foreign aid; that they sumed without question; for the idea of colonial never asked for British soldiers or ships for their subserviency was almost universal in England. protection after the Peace of Paris, in 1763; and "Even the chimney-sweepers of the streets,' that they soon protested most vehemently against said Pitt, in one of his speeches, "talk boasting- the presence of British troops in the colonies-ly of our subjects' in America." Commanders well knowing, as subsequent events manifested, of vessels and custom-house officers and their that they were sent and kept here only as instru- deputies were furnished with warrants called ments of oppression. The colonists had learned Writs of Assistance, by which, as James Otis the important lesson of power in UNION. They said, "the meanest deputy of a deputy's deputy" had discovered their real moral, political, and might enter any man's house or store where it physical strength; and having acquired a mas- was suspected contraband goods were concealed tery over the savages of the wilderness, and as- -a privilege in direct opposition to the cherished sisted in breaking the French power on their maxim that an "Englishman's house is his cas- frontiers into atoms, they felt their manhood tle" and inviolate. This arbitrary measure was stirring within them, and they tacitly agreed no stoutly resisted, especially in Massachusetts, longer to submit to the narrow and oppressive where it was boldly denounced, and was not power of Great Britain. With the faith ex- even favored by the royal governor. Otis pub- pressed in Connecticut's armorial motto, Qui lished a pamphlet against it, in which he said, transtulit sustinet-"He who transplanted still "If we are not represented, we are slaves." sustains"-they boldly faced the Future. Thatcher of Boston, Dulaney of Maryland, Bland of Virginia, and an anonymous writer "by au- thority" in Rhode Island, also wrote strongly against it. The result was, not many additional pounds sterling in the Imperial treasury, and the cost of great alienation of the American heart. The Seven Years' War ended favorably to England, but it had exhausted her exchequer, and laid a heavy burden of taxation upon her people. Her funded debt had been increased to the enormous sum of almost $700,000,000. The old King had lately died, his grandson had as- George Grenville succeeded Bute in the cab- cended the throne with the title of George the inet. Not doubting the ability of the Americans Third, and new men, some of them weak and to pay, nor the right of Parliament to levy a tax, some of them wicked, were at the helm of State. nor the righteousness of the act itself, he pro- His tutor (who was his mother's favorite and posed the laying of new duties upon articles im- some said paramour), the pauper Scotch Earl of ported from the Spanish West Indies and other Bute, was made Prime Minister; and the great foreign countries into America. A bill to this William Pitt, whose genius during the few pre- effect passed the House of Commons in March, ceding years had placed England at the head of 1764. In May following he submitted to that the nations, disgusted with the ignorance and body a bill providing for a stamp tax in the narrowness of the favorite, refused to be his col-colonies. He informed the colonial agents in league in the cabinet, and retired to private life. The colonial policy immediately adopted by the new cabinet was exceedingly unwise, nar- row, and injurious. With the spirit of the Scotch King James the Second, the Scotch Prime Minister determined to meddle with, if not destroy, the American charters. He sought to "reform them," as he said; in other words, to crush all vitality out of them as the guaranties of freedom to the possessors, and to bring the colonies into a total subserviency, politically, religiously, and commercially, to the will of the King and Parliament. Secret agents were sent to America to prepare the way for the unbounded England that he would not press the matter at that time, but that he must have a million of dollars a year from the colonies, and that if they could devise any better scheme to raise it than a stamp tax, he would accept it. Instead of ask- ing this tribute as a favor, and requesting the colonial assemblies to levy the taxes themselves and make the contributions freely, he demanded it as a right. A stamp tax was not a novel measure in theory at this time. It had been a favorite scheme for raising a local revenue in New York and Pennsylvania for many years. It was pro- posed in 1734 by Cosby, Governor of New York, 36 HARPER'S NEW MONTHLY MAGAZINE. and in 1739 by Keith, Governor of Pennsylvania. | their feelings were at fever heat. When news It was suggested by Clarke, Lieutenant-Governor of its having actually become a law reached of New York, in 1744, by Dr. Franklin in the them the whole country was aglow with in- First Colonial Congress in 1754, and by Lieu- tense excitement. In every colony the people tenant-Governor Delancey in 1755. The Amer- expressed their determination to resist its en- icans would listen to propositions for taxation forcement. Massachusetts and Virginia were by their local governments, but would not brook loudest in their denunciations of it, while New such imposition from abroad. It was proposed York and Pennsylvania were not much behind to Sir Robert Walpole in 1732, when that saga- them in active zeal. Indeed New York had led cious statesman said, "No, no; I will leave the in the matter. As early as October the previous taxation of America to some of my successors year the Assembly of that Province appointed who have more courage than I have ;" and when a Committee, with Robert R. Livingston as it was proposed to Pitt in 1759, he said, em- chairman, to correspond with their agent in phatically, "I will never burn my fingers with Great Britain, and with the other Colonial Leg- an American Stamp Act." But Grenville, hon-islatures, on the subject of this Act and kin- est but utterly unable to look beyond the routine of official duty, took the step boldly, because he could not perceive the danger, and illustrated the assertion that "Fools rush in where angels fear to tread." He wholly mistook the temper of the Americans at that time. It had been sorely tried by earlier offensive measures; and a consciousness of latent power made the colonists restive under petty op- pressions. They had resolved not to be taxed without their own consent. A great principle was involved in their resolution, and they were firm. dred oppressive measures adopted by Parliament. That Committee, early in 1765, urged upon the Colonial Assemblies the necessity for holding a General Congress of delegates to remonstrate and protest against the continued violation of their rights and liberties. The idea was popular. Massachusetts was the first to take public ac- tion on the subject. That action originated in a conversation one evening at the house of James Warren, of Plymouth, when James Otis the eld- er, father of Mrs. Warren, and James Otis the younger, her brother, were guests there. The recommendation of the New York Committee was the topic; and it was agreed that, at the next meeting of the General Assembly of the Prov- ince, the proposition should be presented by the younger Otis, who was a member of that body. Accordingly, on the 6th of June he moved in the Assembly, that "It is highly expedient there should be a meeting, as soon as may be, of Com- mittees from the Houses of Representatives, or Burgesses, in the several colonies, to consult on the present circumstances of the colonies, and the difficulties to which they are, and must be, reduced, and to consider of a General Address- to be held at the city of New York the first Tues- day of October." The resolution, and a circular letter to the other Assemblies, were adopted, and the Speaker was instructed to send a copy to the Speaker of each of those Assemblies. The following is a copy of the letter: When intelligence of these tax measures reach- ed America it produced wide-spread discontents among the people. The right of Parliament to tax them without their consent was generally denied; and they asserted a present inability to pay increased taxes because of the depression in business produced by the late war. They plead- ed justly that the operations of the new revenue laws would work disastrously upon their trade with the Spanish Main and the West Indies, from which alone they derived the means of paying taxes in coin. But the Imperial Gov- ernment was deaf to all petitions and remon- strances, several of which were presented. The assurances of Dr. Franklin, who was sent to England as the agent for Pennsylvania, that the taxes would never be paid, and that an attempt to collect them by force might endanger the unity of the British empire, were unheeded. "BOSTON, June, 1765. The Ministry openly declared that it was "in- "SIR,-The House of Representatives of this Province, tended to establish now the power of Great Brit- in the present session of the General Court, have unani- ain to tax the colonies" at all hazards; and the mously agreed to propose a meeting, as soon as may be, King, in his speech at the opening of Parlia- of COMMITTEES from the Houses of Representatives or Bur- gesses of the several British colonies on this continent, to ment early in January, 1765, alluded to the ex- consult together on the present circumstances of the colo- citement in America, recommended the adop-nies, and the difficulties to which they are, and must be, tion of a Stamp Act, and declared his intention to use every means in his power "to enforce obedience in the colonies." The Act-the fa- mous STAMP ACT which figures so conspicuously in the events immediately preceding the old war for independence that gave birth to our republic -was passed after some opposition in Parlia- ment, and on the 22d of March became a law by receiving the signature of the King. The Act was to go into effect on the 1st of Novem- ber following. For almost a year the colonists had been in expectation of the passage of a Stamp Act, and reduced by the operation of the acts of Parliament for levy- ing duties and taxes on the colonies; and to consider of a general, and united, dutiful, loyal, and humble representa- tion of their condition to his Majesty and the Parliament, and to implore relief. The House of Representatives of this Province have also voted to propose that such meeting be at the city of New York, in the Province of New York, on the first Tuesday in October next; and have appointed a Committee of three of their members to attend that serv- ice, with such as the other Houses of Representatives, or Burgesses, in the several colonies may think fit to appoint to meet them. And the Committee of the House of Rep- resentatives of this Province are directed to repair to New York on said first Tuesday in October next accordingly. If, therefore, your honorable House should agree to this proposal, it would be acceptable that as early notice of it THE STAMP ACT CONGRESS. 37 as possible might be transmitted to the Speaker of the House of Representatives of this Province. "SAMUEL WHITE, Speaker." This letter was received with joy in all the colonies. More than ten years before Dr. Franklin had printed in his paper a rude pic- ture of a disjointed snake, with the initials of a colony on each part, and the significant words, JOIN OR DIE. That symbol of weakness in separation-that hint of life and strength in union, had been pondered by the people all that time. The idea of a national confederation had become a sentiment and a hope in the hearts of thoughtful men; and now, when a way for Union seemed wide open and inviting, the peo- ple accepted the opportunity with thankfulness. The Congress assembled in the city of New York on Monday the 7th day of October, 1765. Nine of the thirteen colonies were represented.* There had been serious obstacles in the way of a full delegation. The time selected for the meeting was earlier than that of some of the colonial Assemblies, and prevented their ap- pointing delegates; while in Virginia, North Carolina, and Georgia the royal Governors, op- posed to this republican movement, refused to convene the Assemblies for the purpose. The Lieutenant-Governor of New York (Cadwalla- der Colden) prorogued the Assembly from time to time, so that the House had not an opportu- nity to appoint members with full power; but the Committee of Correspondence, appointed at a previous session of that House, were admitted and took their seats as delegates. The Assem- blies of South Carolina and Connecticut did not give their deputies full power, but required them to return their proceedings to them for consider- ation. The Assembly of New Hampshire wrote that "the present condition of their government- al affairs would not permit them to appoint a committee to attend such meeting," but that they were ready to join in an address to his Ma- jesty and Parliament. It was well understood in the Congress that the people in all the colo- nies were in sympathy with the movement. The Congress was organized by the election by ballot of Timothy Ruggles, of Massachusetts, President, and the appointment of John Cotton, *The following are the names of the colonies, and their respective representatives who were present: Massachusetts.-James Otis, Oliver Partridge, Timothy Ruggles. Rhode Island-Metcalfe Bowler, Henry Ward. Connecticut.-Eliphalet Dyer, David Rowland, William Samuel Johnson. New York.-Robert L. Livingston, John Cruger, Philip Livingston, William Bayard, Leonard Lispenard. New Jersey.-Robert Ogden, Hendrick Fisher, Joseph Borden. Pennsylvania.-John Dickenson, John Morton, George Bryan. Delaware.-Cæsar Rodney, Thomas M'Kean. Maryland. -William Murdock, Edward Tilghman, Thomas Ringgold. South Carolina.-Thomas Lynch, Christopher Gads- den, John Rutledge. Clerk. How dignified that assemblage appears to our comprehension in the light of subsequent history! There they sat, a most august specta- cle, when estimated by the importance of their mission. They were the chosen representatives of THE PEOPLE, the true source of sovereignty. They had been elected by the people in separate and politically distinct provinces, yet they met as one-as equals-and formed, in reality, a National Union, for they were to act collectively for the general welfare. While no formal com- pact of words, spoken or written, committed their individual provinces to any affirmative or negative action of the majority, so independent was the delegation of each colony, yet in pur- pose, and aspiration, and faith in the future they formed a solemn Continental League, stron- ger in cohesive power than all the written con- stitutions which have since made their appear- ance on the pages of our national annals. Theirs was the higher law of Faith, Liberty, and Jus- tice. Such an assemblage, sitting within call of the government-house in New York, was offensive to the venerable Lieutenant-Governor, the rep- resentative of the Crown, and he said to the Massachusetts delegation, "Such a Congress, called without due form of law, and unauthor- ized by his Majesty's representatives, is uncon- stitutional and unlawful, and I shall give them no countenance." They smiled at the old man's impotent opposition, which was like a feather defying the gale. The Congress, unmoved by thoughts of pres- ent consequences, entered upon their duties by first endeavoring to determine the nature of the foundation upon which, in their actions, they might securely stand. Shall we be governed by the finite and limited power of royal or proprie- tory charters, or by the infinite puissance of eter- nal justice? Shall we take the Experience of History or the Revelations of Reason for our guide? were the great questions to be settled. They did not hesitate long in reaching a conclu- sion. The bold and noble utterances of Chris- topher Gadsden, of South Carolina-a patriot without reproach-gave instant form to the cha- os of opinions. "A confirmation of our essen- tial and common rights as Englishmen," he said, "may be pleaded from charters safely enough, but any further dependence upon them may be fatal. We should stand upon the broad com- mon ground of those natural rights that we all feel and know as men, and as descendants of Englishmen. I wish the charters may not en- snare us at last, by drawing different colonies to Whenever act differently in this great cause. that is the case all will be over with the whole. There ought to be no New Englandman, no New Yorker known on the continent, but all of us as Such were the views of a South Americans."* Carolinian, a hundred years ago, of the weak- ness and dangers of Independent State Sovereign- It will be observed that six of the twenty-seven dele-ty, and the strength and safety of National Uni- gates were signers of the Declaration of Independence, eleven years afterward. ty. What a contrast does that honest, disinter- *Manuscript letter quoted by Bancroft, v. 335. 38 HARPER'S NEW MONTHLY MAGAZINE. ain. ested, and enlightened statesman, who guided | them unable to purchase the manufactures of Great Brit- public opinion in South Carolina then, present in comparison with the selfish and vulgar char- latans who rule in the councils of that State in our day! "Hyperion to a Satyr!" Gadsden's views were adopted, and in the di- rection of final independence and nationality, the Congress turned their forces in desires and arguments. For almost a fortnight they de- bated with zeal and great latitude. The dis- cussion took a wide range, while all held to the topic of defining the rights which the Americans might claim as sacred and inalienable. The spirit of democracy was the prevailing sentiment, and most of the delegates leaned to the opinion that the Colonies ought not to be longer sub- jected even to the legislative power of Great Britain. They discussed the Stamp Act, not as to its expediency, but as to the right of Great Britain to enforce it. The views of each differ- ing much sometimes, were pressed with zeal, but not with embarrassing persistence, for they all agreed with Gadsden, who said, as he nobly yielded his own views in a degree to those of others, "UNION is, most certainly, all in all." On Saturday, the 19th of October, the Con- gress having concluded their discussions, adopt- ed the following Declaration of Rights and Griev- ances: "I. That his Majesty's subjects in these colonies owe the same allegiance to the Crown of Great Britain that is owing from his subjects born within the realm, and all due subordination to that august body, the Parliament of Great Britain. "II. That his Majesty's liege subjects in these colonies are entitled to all the inherent rights and liberties of his natural-born subjects within the kingdom of Great Britain. "III. That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that no taxes be imposed on them but with their own consent, given personally, or by their representatives. "IV. That the people of these colonies are not, and, from their local circumstances, can not be, represented in the House of Commons in Great Britain. "V. That the only representatives of the people of these colonies are the persons chosen therein by themselves, and that no taxes ever have been, or can be, constitutionally imposed on them but by their respective Legislatures. "VI. That all supplies to the Crown being free gifts of the people, it is unreasonable and inconsistent with the principles and spirit of the British Constitution for the people of Great Britain to grant to his Majesty the proper- ty of the colonists. "VII. That trial by jury is the inherent and invaluable right of every British subject in these colonies. "VIII. That the late act of Parliament, entitled An act for granting and applying certain stamp-duties, and oth- er duties, in the British Colonies and Plantations in Amer- ica, by imposing taxes on the inhabitants of these colonies, and the said act, and several other acts, by extending the jurisdiction of the Court of Admiralty beyond its ancient limits, have a manifest tendency to subvert the rights and liberties of the colonists. "IX. That the duties imposed by several late acts of Parliament, from the peculiar circumstances of these colo- nies, will be extremely burdensome and grievous; and from the scarcity of specie, the payment of them absolute- ly impracticable. "X. That as the profits of the trade of these colonies ultimately centre in Great Britain, to pay for the manu- factures which they are obliged to take from thence, they eventually contribute very largely to all supplies granted them to the Crown. "XII. That the increase, prosperity, and happiness of these colonies depend on the full and free enjoyment of their rights and liberties, and an intercourse with Great Britain mutually affectionate and advantageous. these colonies to petition the King or either House of Parliament. "XIII. That it is the right of the British subjects in "Lastly, That it is the indispensable duty of these colo- nies, to the best of sovereigns, to the mother country, and to themselves, to endeavor, by a loyal and dutiful Address Parliament, to procure the repeal of the Act for granting to his Majesty, and humble application to both Houses of and applying certain stamp duties, of all clauses of any other acts of Parliament, whereby the jurisdiction of the Admiralty is extended as aforesaid, and of the other late acts for the restriction of American commerce."* When the above Declaration (which was writ- ten by John Cruger, then Speaker of the Assem- bly and Mayor of the city of New York) was adopted, it was resolved to appoint committees to prepare an Address to the King, the Lords, Robert R. Livingston, and the Commons. William Samuel Johnson, and William Mur- dock were appointed to prepare the Address to the King. John Rutledge, Edward Tilghman, and Philip Livingston were appointed to draw up an Address to the House of Lords; and to Thomas Lynch, James Otis, and Thomas M'Kean was assigned the task of preparing an Address to the House of Commons. Each Com- mittee was instructed to lay its Address before the Congress on Monday following. They did so, and on the 21st, 22d, and 23d the three Ad- dresses were consecutively discussed, amended, and adopted. They had been most carefully considered. Every word and sentiment had * The Stamp Act, referred to in Section VIII. of this Declaration, provided that every skin, or piece of vellum, or parchment, or sheet or piece of paper used for legal pur- poses, such as bills, bonds, notes, leases, policies of insur- ance, marriage licenses, and a great many other docu- ments, in order to be held valid in courts of law, was to be stamped (or have a stamp attached to them), and sold by public officers appointed for that purpose, at prices which levied a stated tax on every such document, varying from three pence to ten pounds, or six cents to fifty dollars. The act named the price for every document respectively. The stamps sent to Amer- ica, under the act, were im- pressed on dark-blue paper, similar to that known as tobacco-paper, to which was attached a narrow strip of tin-foil, represented by the small oblong white spot in the engraving. The ends of the foil were passed through the paper or parch- ment to which the stamp was to be attached, flat- tened on the opposite side, and a piece of paper with the rough device and num- ber of the stamp, as seen in the annexed cut, pasted over it to secure it. The device of the stamp was a B 2017 MO MA I SHILLING A STAMP. GR "XI. That the restrictions imposed by several late acts double Tudor rose, inclosed by the royal garter surmount- of Parliament on the trade of these colonies, will rendered by a crown, and the value of the stamp given below. THE STAMP ACT CONGRESS. 39 been well weighed before they were adopted, for | pleaded against the assumption of the right of they were proceeding in a great experiment with Parliament to tax the colonies, and begged the explosive materials without formulary or prece- Commons to hear their chosen counsel in sup- dents. port of their petition. In the Address to the King, the most loyal attachment to his person, family, and office was avowed. They alluded to vested rights and liberties found in their charters, and they ex- pressed their belief that if His Majesty should fix the pillars of liberty and justice, and se- cure the rights and privileges of his subjects in America, upon the principles of the British Con- stitution (which is simply the body of the laws), a foundation would be laid for rendering the British empire the most extensive and powerful of any recorded in history. "To this Constitu- tion these two principles are essential," they said "the right of your faithful subjects freely to grant to your Majesty such aids as are required for the support of your govern- ment over them and other public exigencies, and trial by their peers. By the one they are se- cured from unreasonable impo- sitions; and by the other from arbitrary decisions of the execu- tive power." They reminded him that the continuation of those liberties to the Americans, which the obnoxious acts of Parliament were likely to destroy, might be essential, and even "absolutely necessary," to unite in harmony the several parts of his widely- extended empire. They then touched a most sensitive chord SC Such was the result of the labors of Congress up to the night of the 23d of October, when the city of New York was in an uproar on account of the opposition to the Stamp Act. The first of November, when it was to go into operation, was near. All the summer and autumn the Sons of Liberty, as an organization of patriotic citizens in New York and elsewhere, was called, had been active in making the people a unit against the Act. They harangued the popu- lace, and made the Stamp Distributers resign their offices. Franklin's figure of the disjointed Snake, with its significant injunction and warn- ing, was placed before the people at the head of a widely-circulated incendiary paper, in which NC S NJ V M P NY NE UNITE OR DIE FAC-SIMILE OF THE SNAKE DEVICE. in his Majesty's bosom by hinting at the bound- | suggestions of Independence were boldly made. less wealth and naval strength which Great Brit- ain was likely to secure by allowing the Ameri- cans unrestricted trade in all things except what the shops of England would supply, and the dan- ger of losing all by such legislation as that which had elicited their Address. "The invaluable rights of taxing ourselves," they said, " and trial by our peers, of which we implore your Majesty's protection, are not, we humbly conceive, uncon- stitutional, but conferred by the GREAT CHAR- TER of English liberty." In their Address to the House of Lords simi- lar sentiments were expressed, and they were implored to listen to the counsel whom the col- onists had employed to support the memorial; while to the Commons-the more immediate representatives of the English people-who could better understand the operations of restrictions upon commerce, they spoke in a different style. To them they said little of abstract rights, but talked soberly of material interests in England and in the colonies which were likely to be dis- turbed by Grenville's unwise financial scheme. They disclaimed all idea of sending representa- tives to Parliament, because it would be imprac- ticable. They acknowledged all due obedience to that body; spoke of the English Constitution as the most perfect form of government, and the source of all their civil and religious liberties; Processions sometimes filled the streets of cities; local governments were overawed by the popular demonstrations; and when the day arrived for the Act to go into effect, the people throughout the colonies presented an unbroken front of op- position to the measure. On the night in ques- tion an excited throng in the city of New York, who had listened to stirring harangues in The Fields (the present City Hall Park), marched through the streets, shouted "Huzza for the Congress and Liberty!" in front of the place where that body held their sessions, and filled the air with the "New Song for the Sons of Liberty," in which were the stirring words- "A strange Scheme of late has been formed in the State By a knot of Political Knaves, Who in secret rejoice that the Parliament's voice Has condemned us by law to be SLAVES: Brave Boys! Has condemned us by law to be SLAVES. With the Beasts of the Wood we will ramble for Food, And lodge in wild Deserts and Caves, And live poor as Job on the skirts of the Globe Before we'll submit to be SLAVES: Brave Boys! Before we'll submit to be SLAVES." The Congress met on the morning of the 24th to complete the business of the session. General Ruggles, the President, and Mr. Ogden, a dele- gate from New Jersey, who had shown disaffec- tion to the popular cause from the opening of 40 HARPER'S NEW MONTHLY MAGAZINE. the Congress, refused to sign the proceedings. | crude elements of republicanism tending to po- They had argued vehemently in favor of the claim of Parliament to supreme control over the colonies in all things. They were opposed to Union, and insisted that each province should take care of its own grievances and petition Par- liament each for itself. They had denounced the proceedings against the Stamp Act in Con- gress and out of it, as treasonable; and in every way exhibited hostility to the object for which that Congress had assembled. Ruggles, true to his proclivities, became a violent Tory in the great Revolution that followed. He had been a. Massachusetts Brigadier under Sir William Johnson, and now entered the royal military service against his countrymen. When the Brit- ish were driven from Boston in the spring of 1776, he fled with them to Halifax, but soon afterward appeared on Long Island at the head of three hundred Tories of Kings and Suffolk counties. He was a refugee at the close of the war, and settled in Nova Scotia, where he died in 1798, at the age of eighty-seven years. The more timid Ogden quailed before the indigna- tion of his countrymen. He tried to conceal or palliate his defection in the Congress, but failed. He was burned in effigy in several places in New Jersey, and was removed from the office of Speaker of the Assembly at their next meeting. All the other members of the Congress were true to the cause which they professed to represent. Of the twenty-seven members only one was a knave, and one a coward. Owing to the factious conduct of Ruggles and Ogden, the 24th was spent in wrangling; but on the following day the labors of the Congress were satisfactorily closed. The delegates from six of the nine provinces represented, namely, Massachusetts (except Ruggles), Rhode Island, New Jersey (except Ogden), Pennsylvania (ex- cept Dickenson, who was absent), Delaware, and Maryland, affixed their signatures to the pro- ceedings. Those of the other colonies assented, but were not authorized to sign their names. The four unrepresented colonies, namely, New Hamp- shire, Virginia, North Carolina, and Georgia, were known to be in sympathy with their sisters; and the proceedings of that Congress, burdened with potential ideas concerning the rights of man, went forth to the world with the solemn sanc- tion of the continent, proclaiming to every hu- man being on the face of the earth, in the spirit of John Adams's declaration : "You have rights antecedent to all earthly government; rights that can not be repealed or restrained by human laws; rights derived from the great Legislator of the Universe." The colonies then became, as it was expressed, "a bundle of sticks which could neither be bent nor broken." Then and there the visible form of the great AMERICAN UNION was fashioned and proclaimed; and from that hour, during the ten dreary years of strife and tumult, of hope and doubt, of petition and remonstrance, of consultation and preparation, preceding the final armed resistance to unnatu- ral oppression, the colonies acted as a unit. The litical aggregation, which the American colo- nists had exhibited since the attempt to confed- erate in 1643, were now crystallized into tangi- ble form. The UNION which we so much love, and for which we have poured out blood like water and treasure like sand, was formed long before the Declaration of Independence, or the promulgation of the Constitution which changed the confederation of States into a CONSOLIDATED NATION. 29 The 1st of November arrived. It was Fri- day-gloomy "hangman-day." All over the country muffled bells were tolled, muffled drums were beaten, and minute-guns were fired. There were indications every where of a national fu- neral. "DIED," reported a New York news- paper more than fifty days before, "on the 7th of February, 1765, of a cruel Stamp on her Vitals, Lady N-th Am-can Liberty [North American Liberty]. She was descended from the ancient and honorable family of Bulls. Her Father, John Bull, Esq., married her, agreeable to her own desire, to a worthy Gentleman of noble Blood, tho' of no large Fortune, whose name was TOLERATION, and gave her in Dower a certain Tract of uncultivated Land, which she called after her name, N-th Am- ca, which she with her Husband came and took Possession of, with this additional Grant, that she, her Children and dependents, should enjoy all the Liberties and Immunities of Natural-born Sub- jects of him, the said John Bull. . . . . . Thus died the most amiable of Women, the best Wife, the most dutiful Child, and the tenderest Mo- ther. Happy for her family, she has left one son, who was the Child of her Bosom and her only Hope. Him she often said she prophetic- ally named I-d-p-d-ce [Independence], and in him the Hopes of all her disconsolate Serv- ants are placed for relief under their Afflictions, when he shall come of age."* Business was suspended, the courts of justice were closed, marriages ceased, and legal con- tracts of every kind were kept in abeyance, for no man would use the stamps. But the pall of gloom that covered the people was soon lifted. The voice of the General Congress was like the trumpet of the resurrection. Through it a na- tion spoke, and its own words gave life and lib- erty to thought and action in all its borders. The clouds broke; the sunlight came bursting through with floods of radiance; and the cheer- fulness that follows the culmination of sorrow, when Faith and Hope light the way, was seen in every countenance. The fiat went forth spontaneously from every heart and lip that Americans should never be slaves; that the gyves of the Stamp Act should never encumber the limbs of an American freeman. Men felt the power of that resolution with the force of a demonstration; and even the children, as one of our historians has said, "though hardly able * Quoted by Dawson, in his "Sons of Liberty in New York," page 77. BLE THE R HON EDMUND BURKE Drawn from the Life THE STAMP ACT CONGRESS. 41 Yet the eloquent speeches of Pitt, Burke, to speak, caught up the general chorus, and went | Act. along the streets merrily caroling, Liberty, Conway, Barré, and others could not alone have Property, and no Stamps!'"* "It is the joy of thousands," said a patriotic divine of Connec- ticut, "that there is union and concurrence in a General Congress. We trust they will lay the foundation for another Congress." dryer The newspaper press first hurled defiance by appearing without stamps. The merchants act- ed simultaneously, and agreed to import nothing from England until the obnoxious Act should be repealed. All classes utterly disregarded the law. The stamps were seized and destroyed, and the stamp-distributers were roughly handled by the populace. Royal Governors and Royal troops were powerless; and imperative demands for the repeal of the law, in the action of an in- dignant people, accompanied the loyal Addresses to the King and Parliament sent over by the Congress. ચકલી ભાર The stupid King could not comprehend the matter. The conceited Ministers were not much wiser than he; and King and Ministers gabbled about chastising a rebellious people. But there were men in the British Parliament who did comprehend the whole matter, and were not afraid to speak out plainly. The chief of them were Pitt, Burke, and Barré. The first had es- tablished his right to the claim of his friends of being the "first Commoner in England." The second then commenced his brilliant career as an orator; and the third was already known as a keen, sagacious, and brilliant debater. On this occasion Pitt's powers were developed in magnificent proportions; and Burke's speeches against the Stamp Act, Dr. Johnson said, "filled the town with wonder." Grenville used all his powers in defense of his scheme, and attacked Pitt with the insinuation that he was a promoter of sedition in the colonies. The scene that followed, as described by Johnson, was one of remarkable interest. When Grenville ceased speaking there was a loud call for "Mr. Pitt! Mr. Pitt!" Gout had fastened its instruments of torture upon him, and he had entered the house with crutches under his arms and his feet swathed in flannel. He slowly arose to his feet, supported by his props, cast a glance over the audience, and then fixing his keen eye upon Grenville, said, "You have challenged me to the field, and I will fight you on every foot of it." His eloquent sentences then fell thick and fast upon the quailing Minister like hot thunder- bolts. At the conclusion of his speech he pro- posed an absolute and immediate repeal of the Stamp Act, as an unwise, unnecessary, and un- just measure, at the same time recommending an Act to accompany the repeal, which declared, in the most unqualified terms, the sovereign au- thority of Great Britain over her colonies. This was intended as a sort of salve to the national pride, which would be somewhat wounded by this concession; a salve which Pitt well knew would be necessary to insure the repeal of the *Bancroft, v. 352. He induced the Commons to consent to a repeal of the Act. Nor would the knowledge of disturb- ances in America, or the Addresses of the Con- gress have had the slightest effect in bringing about a repeal, for the Ministers refused to even receive the Addresses, because that Congress had not been legally summoned to meet by the su- preme power. It was the importunities of Lon- don merchants and tradesmen, suffering severe- ly from the effects of the non-importation agree- ments, that caused a change in the views of the National Legislature. Their trade with the col- onies had been suddenly suspended, and nothing but bankruptcy and ruin stared them in the face. Their voice was potential; and on the 18th of March, 1766, an Act to repeal the Stamp Act, accompanied by Pitt's Declaratory Act, so called, was passed, and became a law on the same day by receiving the signature of the King. signed the Stamp Act cheerfully, but affixed his signature to the Act for its repeal most reluc- tantly. It was carried in the Commons by a vote of two hundred and seventy-five to one hun- dred and sixteen. It met strenuous opposition in the House of Lords, where it had a majority of thirty-four. Thirty-three peers entered a strong protest against it, embodying ten argu- mentative reasons, the most forcible of which that seemed to operate on their minds being that "such a submission of King, Lords, and Com- mons, under such circumstances, in so strange and unheard-of a contest, would in effect surren- der their ancient, unalienable rights of supreme jurisdiction, and give them exclusively to the subordinate Provincial Legislatures." Precise- ly what the people demanded, and what the Congress had declared to be the inalienable right of the people. In The news of the repeal of the Stamp Act was received with unbounded joy by the Americans, and the shackles upon commerce were immedi- ately loosened. London had already been il- luminated, and the shipping in the Thames decorated with flags in honor of the event. Boston the intelligence was received at noon on a bright May day. The bells were rung; can- nons roared; the Sons of Liberty drank toasts; all the debtors in jail were set free; John Han- cock treated the populace to a pipe of wine, and the capital of New England was jubilant until midnight. Philadelphia was made equally mer- ry Maryland voted a portrait of Lord Camden for the State-house, for he had said in the House of Peers that "Taxation and representation are inseparable." Virginia resolved to decorate her old capital-Williamsburg-with a statue of the King; South Carolina ordered a statue of the author of the repealing Act for her only city; and New York's joy and loyalty were displayed by voting to erect within the borders of the city a statue of both Pitt and the King. The former, wrought in marble, was placed at the intersection of streets, and was reduced to a torso by rude British soldiery during the Revolution; the lat- 42 HARPER'S NEW MO ter (equestrian) was set up in the Bowling Green at the foot of Broadway. It was made of lead, and gilded. When the storm of the Revolution broke over the land, and the King had been de- nounced as "a tyrant unfit to be the ruler of a free people," his statue was pulled down and cast into bullets, and the "ministerial troops" soon afterward had "melted Majesty" fired at them. When that statue fell royal power was at an end in the colonies. They had just de- clared themselves "free and independent States," and were fighting manfully under the banner of that Union which was formed in the Stamp Act Congress. Charles Thomson. This venerable, pious and meritorious public servant, whose name is associated with all the leading measures of the war of Independ- ence, came from Ireland to this country in his boyhood, at only ten years of age. His father was a respectable man, a widower, emigrat- ing to this country, but was so preyed upon by sickness at sea, as to die when just within sight of our capes; there young Thomson and 568 Persons and Characters. his brother had to endure the appalling sight of seeing their honoured parent cast into the deep-a prey to voracious fishes, and themselves, as orphans, exposed to the neglect or wiles of man. The captain, in the opinion of the lads, was unfaithful, and took possession of their father's property to their exclusion. They were landed at Newcastle, among strangers; but for a time were placed by the cap- tain with the family of a blacksmith. There Charles Thomson greatly endeared himself to the family-so much so, that they thought of getting him bound to them, and to be brought up to the trade. He chanced to overhear them speaking on this design one night, and determining, from the vigour of his mind, that he should devote him- self to better business, he arose in the night and made his escape with his little all packed upon his back. As he trudged the road, not knowing whither he went, it was his chance or providence in the case, to be overtaken by a travelling lady of the neighbourhood, who, entering into conversation with him, asked him "what he would like to be in future life." He promptly answered, he should like to be a scholar, or to gain his support by his mind and pen. This so much pleased her that she took him home and placed him at school. He was afterwards, as I have understood, aided in his education by his bro- ther, who was older than himself. Through him he was educated by that classical scholar, the Rev. Dr. Allison, who taught at Thunder hill. Grateful for the help of this brother, he in after life rewarded the favour by making him the gift of a farm not far from Newcastle. The son of that brother, (a very gentlemanly man,) my friend and correspondent, John Thomson, Esq., now dwells at Newark, in Delaware, and has possession of all the MSS. of his uncle, Charles Thomson. With him dwells Charles Thomson's sister, an ancient maiden lady, who came out to this country some years ago. Charles Thomson himself, although many years married, never had any children to live. Charles Thomson in early life became one of the early teachers of the languages in the academy; as much to serve the cause of lite- rature, to which he was solicited by Dr. Franklin, as for his personal gain. Later in life he entered into business of the mercantile nature, and was at one time concerned in the Batsto furnace-still retaining his residence at Philadelphia. He told me that he was first induced to study Greek from having bought a part of the Septuagint at an auction in this city. He bought it for a mere trifle, and without knowing what it was, save that the crier said it was outlandish letters. When he had mastered it enough to understand it, his anxiety became great to see the whole; but he could find no copy. Strange to tell-in the interval of two years, passing the same store, and chancing to look in, he then saw the remainder actually crying off for a few pence, and he bought it! I He went to the forge and made a nail so well himself, after once seeing it done, that they augured favourably of his future ingenuity. Persons and Characters. 569 used to tell him that the translation which he afterwards made should have had these facts set to the front of that work as a preface; for that great work, the first of the kind in the English language, strangely enough, was ushered into the world without any preface! For want of some introductory explanation to the common English reader, it was not known to be of great value in Biblical elucidation, and therefore was but seldom sold or read. Yet Dr. A. Clarke, who is good authority in this matter, says it is a treasure in itself, abso- lutely indispensable to Bible truth. He told me that such was his passion for Greek study, that he actually walked, when young, to Amboy, for the purpose of seeing and conversing there with a stranger, a British officer, the first rate Greek scholar then in our country.. When Charles Thomson first saw Philadelphia, the whole of the ground between the house, afterwards his, at the corner of Spruce and Fourth streets, and the river, was all open and covered with whortleberry bushes, and much of it of a miry soil towards the Little Dock creek and river shore. His appointment as Secretary to Congress was singular. He had lately married Miss Harrison, who inherited the estate of Harriton where he afterwards lived and died. Coming with her to Philadel- phia, he had scarcely alighted from his carriage when a message came to him from the President of Congress-when first in session, in 1774 -to say he wished to see him immediately. He went forthwith, not conceiving what could be purposed, and was told he was wished to take their minutes. He set to it as for a temporary affair; but in fact became their Secretary thereby for several years! As no compensa- tion was received for that first service, the Congress presented him with a silver urn (still in the family) inscribed as their gift; and as a compliment to his lady, whom they had so divested of his attentions, she was asked by the committee to say what vessel it should be, and she chose an urn. He was after the peace much urged to write a history of the Re- volution, and after the year 1789, when he first settled at Harriton, actually gathered many curious and valuable papers, and wrote many pages of the work; but at length, as his nephew told me, he resolved to destroy the whole, giving as his chief reason, that he was unwilling to blast the reputation of families rising into repute, whose progeni- tors must have had a bad character in such a work. A letter from John Jay, which I saw, stimulated him to execute it "as the best qualified man in the country." Many facts concerning Mr. Thomson and his measures in the pe- riod of the Revolution will be found connected with my facts under that article, and therefore not to be usefully repeated here. Mr. Thomson was made an adopted son in the Delaware tribe at the treaty at Easton, in 1756. He had been invited by sundry Friends, members of the Peace Association, to attend for them, and take minutes in short hand. It was the proper business of the se- cretary of the Governor, the Rev. Mr. Peters; but his minutes were VOL. I.-3 W 48* 570 Persons and Characters. so often disputed in the reading of them, by the Indian Chief Tede- uscund, that Mr. Thomson's inofficial minutes were called for, and they, in the opinion of the Indians, were true. From their respect to this fact, they forthwith solemnly adopted him into their family, under the appropriate name of "the man who tells the truth,"-in Indian sounds thus, to wit: "Wegh-wu-law-mo-end." It is not a little curious that this name, in substance, became his usual appella- tion during the war of the Revolution, for, as secretary of Congress, credence was given to his official reports, which always were looked for to settle doubtful news and flying reports, saying on such occasions, "Here comes the truth; here is Charles Thomson !" He once related an incident of his life to Mrs. Logan, which strongly marked the integrity of his feelings. When young he be- came an inmate in the house of David I. Dove, the doggerel satirist, whom he soon found, as well as his wife, addicted to the most un- pitying scandal; this was altogether irksome to his honest nature. Wishing to leave them, and still dreading their reproach when he should be gone, he hit upon an expedient to exempt himself: he gravely asked them one evening if his behaviour, since he had been their boarder, had been satisfactory to them? They readily answered, "O yes." Would you then be willing to give me a certificate to that effect? "O certainly," was the reply. A certificate was given, and the next day he parted from them in peace. Charles Thomson, was favoured by Divine Providence with a long and peaceful life-as if in reward for his generous services for his country, as the honoured instrument for translating the Scriptures, and for his exalted love of truth. He was indeed the Caleb of the war of the Revolution; and while he prolonged his life, he might exclaim like the spy of Israel-as he sometimes did,-" As yet I am strong this day as I was in the day that Moses sent me; as my strength was then, even so is my strength now-both to go out and to come in!" In April, 1824, I visited Charles Thomson, then in his 95th year. I found him still the erect, tall man he had ever been; his counte- nance very little changed, but his mental faculties in ruins. He could not remember me although formerly an occasional visiter. He appeared cheerful, and with many smiles expressed thankfulness for the usual expressions of kindness extended to him. He was then under the surveillance of his nephew, John Thomson, who, with his family, lived on the Harriton farm, and managed its concerns. Charles Thomson passed the most of his time reposing and slum- bering on a settee in the common parlour. A circumstance occurred at the dinner table, at the head of which he was usually placed, which sufficiently marked the abberration of his mind, even while it showed that "his very failings leaned to virtue's side." While the grace was saying by a clergyman present, he began in an elevat- ed and audible voice to say the Lord's prayer, and he did not desist, nor regard the other, although his grace was also saying at the same Persons and Characters. 571 time! It was remarkable that his prayer was all said in the words of his own translation, and with entire correctness. He made no re- marks at the table, and ate without discrimination whatever was set before him. In his rooms I observed, besides the silver urn before mentioned, a portrait of himself and second wife, Miss Harrison-a colossal bust of J. P. Jones, the celebrated naval commander, a small man-a large print of William Tell, and an engraved likeness of the Count de Vergennes, and of C. J. Fox. He employed many years of his life in making his translation of the Septuagint; nor could he be drawn from it into public life, al- though solicited by the letters of Washington himself, which I have seen. He looked to be useful; and he deemed, as he said, that he had a call of Providence to that pursuit. He improved it with most sedulous anxiety and care for its perfection-writing it over and over again six or seven times. His original printed Septuagint has been given to the Theological Library at Allegheny College, since his death, Some others of his relics are in my possession; and the chief of them are with his nephew, at Newark, Delaware. He died the 16th of August, 1824, in the 95th year of his age, and was interred in the private burial ground on the Harriton farm. In the year 1838, however, his remains were exhumed at the instance of his nephew, and conveyed to the Laurel Hill Cemetery, both as an honour to that place, and as a duty due to the honoured individual himself. The monument is in the form of Cleopatra's needle-16 feet in height, and placed in a conspicuous position on the river side. It bears an inscription which I was honoured to compose, and which was formed for four divisions, to be placed severally on the four sides of the basement, but owing to the spalling of the granite it could not be so engraved, and was therefore set on a side marble slab in one entire inscription, thus:- This monument Covers the remains of the Honourable Charles Thomson, The first, and long The confidential Secretary of the Continental Congress, And the Enlightened benefactor of his country In its day of peril and need. Born Nov., 1729, Died Aug. 16, 1824. Full of honours and of years As a Patriot, His memorial and just honours Are inscribed on the pages Of his country's history 572 Persons and Characters. As a Christian, His piety was sincere and enduring, His Biblical learning was profound, As is shown by his translation of the Septuagint. As a man, He was honoured, loved and wept. Erected To the memory of an honoured Uncle and Benefactor, By his nephew, John Thomson of Delaware. Danish Hic jacet Homo veritatis et gratiæ. I give the following lines of poetry, as marking the feelings which the visit to such a man inspired. "In his commendation I am fed." There one I saw Who in this wilderness had trod, till life Retreated from the bloodless veins, and made Faint stand at her last fortress. His wan brow Was lightly furrow'd, and his lofty form* Unbent by time, while dignified, erect, And passionless, he made his narrow round From couch to casement, and his eye beheld This world of shadowy things unmoved, as one Who was about to cast his vesture off In weariness to sleep. Sly memory slipt Her treacherous cable from the reeling mind,t Blotting the chart whereon it loved to gaze Amid the sea of years. His course had been On those high places, where the dazzling ray Of honour shines; and when men's souls were tried, As in a furnace, his came forth like gold. To his dull ear I spake the message of a friend who walked With him in glory's path, and nobly shared That fellowship in danger and in toil Which knits pure souls together. But the name Restored no image of the cherish'd form So long beloved. I should have said farewell, In brokenness of heart,-but up he rose And, with a seerlike majesty, poured forth His holy adjuration to the God Who o'er life's broken wave had borne his bark Safe toward the haven. Deep that thrilling prayer‡ Sank down into my bosom, like a spring Of comfort and of joy. * His "lofty form, unbent by time," was remarkable. His memory of all, save his religion, was gone. His prevailing thoughts were all devotional, 1774 = Di JEA , John Dickinson