William Parks Club Publications No. 1 Edited by EARL GREGG SWEM Librarian ff- illiam and Mary College This is copy No. of an edition of 190 copies AN INQUIRY INTO THE RIGHTS of the BRITISH Colonies, By RICHARD BLAND, of VIRGINIA Edited by EARL GREGG SWEM Librarian, William and Mary College WI LLI AMSBU RG, 1766 Reprinted by the APPEALS PRESS, Inc. FOR THE WILLIAM PARKS CLUB RICHMOND, 1922 COPYRIGHT 1922 by WILLIAM PARKS CLUB INTRODUCTION Richard Bland was born May 6. 1719, the son of Richard Bland (1665- 1720), of Berkeley and Jordan s Point, and his second wife, Elizabeth, daughter of Hon. William Randolph I, of Turkey Island. The first Richard Bland was the son of Hon. Theodorick Bland (1629-1669) of Westover, immigrant ancestor of the family in Virginia, and his wife Anne, daughter of Governor Richard Bennett of Virginia. Richard Bland, the author of the "Inquiry," married first Anne, daughter of Col, Peter Poythress, by whom he had twelve children. His second wife was Elizabeth Harrison. By this marriage there was no issue. (1) According to some accounts his second wife is said to have been Eliza beth Boiling, daughter of Major John Boiling and Elizabeth Blair, the daughter of Dr. Archibald Blair. (2) He was educated at William and Mary College, and at the University of Edinburgh, but of his life at either institution we have little information. He first took his seat from Prince George in the House of Burgesses, in 1742, and from that time until 1775, he served continuously. He was a mem ber of the conventions of March 1775, July 1775, Dec. 1775, and May 1776, the bodies that performed legislative functions until the establishment of the State constitution. He was also a member of the first House of Delegates, serving until his death, which occurred in Williamsburg Oct. 26, 1776. He was buried at Jordan s Point, Nov. 7, 1776. He was succeeded in the House by Edmund Ruffin. In the February session of the Assembly of 1759 an act was passed (4) appointing Edward Montague agent for Virginia in Eng land, and a committee, of which Bland was one, was selected for carrying on a correspondence with Montague. (5) In the October session of 1764, a committee was appointed by the House of Burgesses to draw up an address to the King, a memorial to the Lords, and a Remonstrance to the House of Commons, respecting taxation imposed upon them by any other power than that derived from their own con sent. The committee as originally appointed did not contain Eland s name. He was added to the committee on Nov. 20. The usual belief among historians is that Bland wrote the Address, Memorial and Remonstrance. (6) It is probable that he was the author of the three, but I have found no authority for this. In the proceedings of the House, he always occupied a commanding position. For most of the period of his service he was a member of the leading committees, and his services were always in demand for drawing up memorials. In the session of 1765, he opposed the resolutions of Henry on the ground that they were premature. In 1765 he was appointed one of (1) Grigsby Virginia Convention of 1776, p. 57-67. Richmond Critic, July 9, 1888). (2) (Pocahontas and her descendants, p. 12. Also William and Mary College Quarterly, v. 5. p. 157). (4) (Hening, v. 7, p. 276). (5) (See Proceedings of this committee in the Virginia Magazine of History, v. 9, 10, 11 and 12). (6) (For the text of the threo see Journal of House of Burgesses, Dec. 18, 1764). [ VI ] the trustees for the batter management and carrying on of the Indian trade. In 1769, he was one of the first to sign the non-importa tion agreement. On March 12, 1773, he was appointed by the House a member of the committee of correspondence with the sister col onies. (7) In the convention of March, 1775, he opposed Henry s resolution to arm the colony, believing still in a policy of conciliation. (8) By the convention of July 1775, he was chosen a member of the com mittee of safety, the executive body in control during the interreg num preceding the establishment of the State government. (9) In the convention of Aug. 1774, he was elected a delegate to the first Continental Congress. He was present in Philadelphia through out the session of the congress. By the convention of March, 1775, he was elected to the second Continental Congress; he was present on May 10, 1775, but seems to have left on account of ill health. He was selected to the Continental Congress on Aug. 11, 1775, by the convention. The next day he declined to accept the honor, giving as his reason that he was advanced in age, and almost sightless. In June, 1775, a wholly unwarranted charge was brought against Bland, by the Rev. Samuel Sheild, who had just returned from Eng land in holy orders. In the issue of July 8, 1775, of Dixon & Hunter s Virginia Gazette, a letter from Richard Bland addressed to Samuel Sheild is published, in which the writer demands proof for the charge made by Sheild that Bland had solicited a pecuniary appointment from the British government, in return for a promise to support the ministerial measures in America. In the Virginia Gazette of July 22, 1775 ; Sheild states his charges, substantially as follows: Before he left England, a friend had reported to him that he had seen a letter from one of the delegates of Virginia asking for a position as the gatherer of duties on tea, who promised in return that he would sup port the policies of the administration. When several names were mentioned by Sheild, they were declared by his friend to be innocent. When Eland s name was mentioned, the friend evaded an answer. This was all that there was of Sheild s charge. On July 22, Bland asked the convention then in session to investigate the charges. The investigation was made on the 28th, and after the examination of the Rev.. Samuel Sheild, the Rev. John Hurt, and many other witnesses, the house found that the reports were "utterly false and groundless." The result of this examination was published in the Virginia Gazette of Aug. 5, 1775. Upon the death of John Robinson, who had been both Speaker and Treasurer, Richard Bland was one of the candidates for the vacant position. Bland was in favor of the separation of the offices. In a letter to R. H. Lee, May 22, 1766, he notifies the other of his inten tion to run for the office, tho it had been reported to him that Lee (7) (The letters and proceeding s of this committee from March 12, 1773, to April 7, 1775, are printed in the Virginia Calendar of State Papers, v. 8, p. 1-74;. (8) (1 Henry s Henry, 258, quotiner Judge Tucker). (9) (Hening, v. 9, p. 4C.) The Journal of the Committee of Safety, Feb. 7, 1776 July 4. 1776, is printed in thp Virginia Calendar of State Papers, v. 8, p. 75-239. (10) (Sou. Lit. Messeng-er, v. 27, p. 116). [ VII ] would be a candidate. In the same letter Bland says he is considering the establishment of the scheme of a loan office or public bank, with the intention to propose this in the assembly. (10) Few of Eland s letters remain. In the Virginia Magazine of His tory, v. 6, p. 127-134, a long letter, dated Aug. 1, 1771, to Thomas Adams, at that time in England, is printed. In this Bland expresses !his views on the movement for a bishopric in America, and on the emissions of paper money, and gives his opinion of the Rev. Mr. Horrocks, and of Edward Montague, the late agent in England. This letter was reprinted with corrections in the William and Mary Quar terly, v. 5, p. 150-156. In the Bland Papers, edited by Charles Camp bell, and published in 1840, there are only two letters from Richard Bland. One, Feb. 20, 1775, relative to his election, and the other, July 25, 1775, asking some friend to attend the examination of the charges against him. Edmund Randolph calls him the Virginia Antiquarian. Roger Atkinson in a letter to Samuel Pleasants, Oct. 1, 1774, refers to him as "Lieutenant Colonel Bland, a very well experienced veteran at the senate or the bar staunch and tough as whitleather has something of the look of musty old parchments which he handleth and studieth much. He is also a great chronologer and is a conjurer. He formerly wrote a treatise on water baptism amongst the Quakers, which he miscalled the Quaker doctrine of water baptism for you know they deny all water baptism him you know." (11) Jefferson s character ization in his letter to Wirt (12) is well known: "Your characters are inimitably and justly drawn. I am not certain if more might not be said of Colonel Richard Bland. He was the most learned and logical man of those who took prominent lead in public affairs, pro found in constitutional lore, a most ungraceful speaker, (as were Pey ton Randolph and Robinson, in a remarkable degree.) He wrote the first pamphlet on the nature of the connection with Great Britain which had any pretension to accuracy of view on that subject, but it was a singular one. He would set out on sound principles, pursue them logically till he found them leading to the precipice which he had to leap, start back alarmed, then resume his ground, go over it in another direction, be led again by the correctness of his reasoning to the same place, and again back about, and try other processes to reconcile right and wrong, but finally left his reader and himself bewildered between the steady index of the compass in their hand, and the phantasm to which it seemed to point. Still, there was more sound matter in his pamphlet than in the celebrated Farmer s letters, which were really but an ignis fatuus, leading us from true principles." In a letter to Edward Coles (13) on the subject of slaves, Jefferson thus alludes to Eland s interest in alleviating their condition: "In the first or second session of the Legislature after I became a member, I drew to this subject the attention of Col, Bland, one of the oldest, ablest, and most respected members, and he undertook to move for certain moderate extensions of the protection of the laws to these people. I seconded his motion, and, as a younger member, was more spared in the debate; but he was denounced as an enemy of his country, and was treated with the grossest indecorum." (11) (Va. Magazine of History, v. 15, p. 356). (12) (Ford s Jefferson, v. 9, p. 474). (13) (Ford s Jefferson, v. 9, p. 477). L viii ] Bland was known to have collected old papers and documents re lating to the history of Virginia. In a letter dated Nov. 3, 1776, to Thomas Jefferson, then in Williamsburg, Richard Henry Lee says in a postscript, "Let every method be essayed to get the valuable old papers that Col. Richard Bland was possessed of." (14) Some of the Bland papers passed to Jefferson, and from him to the Library of Congress. (15) In 1840, Charles Campbell, the historian, published in two small volumes "The Bland Papers; being a selection from the manuscripts of Colonel Theodorick Bland, Jr., of Prince George County, Virginia. To which are prefixed an introduction, and a memorial of Colonel Bland Petersburg, Printed by Edmund and Julian C. Ruffin." On pages v-x, Mr. Campbell gives a description of the papers as he found them. It is to be regretted that only two letters of Col. Richard Bland are in the lot. For a discussion of Eland s part in the Stamp Act incident, see L. G. Tyler in the William and Mary Quarterly, v. 18, p. 163, 164; v. 19, p. 31-41, p. 220. Bancroft s appreciation of Bland may be found in his History of the United States, v. 5, p. 442. Other references that may be useful to the student are the follow ing: Letter of Jerman Bker in the William and Mary Quarterly, v. 12, p. 239; Letter of William Robinson to the Bishop of London, in Perry s Papers relating to the history of the Church of Virginia, 1650-1776, p. 463-470; Familiae Minorum Gentium, v. 2, p. 421-428, genealogical notes about the Bland family, an abstract of which is printed in the William and Mary Quarterly, v. 15, p. 47. In addition to his present Inquiry, the following three titles are known to be by Eland s pen : there are two other productions of which we know by title only, the Treatise against the Quakers on water baptism, mentioned by Roger Atkinson in one of his letters, and an article against the idea of an American episcopate, mentioned by Governor Tazewell; it is likely that these were printed as letters in issues of the Virginia Gazette, of which no copies are extant: A fragment on the pistole fee, claimed by the Governor of Virginia, 1753. Edited by Worthington Chauncey Ford, Brooklyn, 1891. 43 p. (Winnowings in American history. Virginia Tracts, No. 1). A letter to the clergy of Virginia, in which the conduct of the General Assembly is vindicated against the reflexions contained in a letter to the lords of trade and plantations from the Lord Bishop of London. By Richard Bland, Esq.; one of the representatives in assem bly for the county of Prince George. Ne quid falsi dicere audeat, ne quid veri non audeat. Cicero. Williamsburg: Printed by William Hunter. 1760. v, 3-20 p. Copy in the Library of Congress, Boston Athenaeum, Library Company of Philadelphia. (14) (Letters of R. H. Lee, od. by J. C. Ballagh, v. 1, p. 225). (15) (Preface to Hening s Statutes. Johnston s History of the Library of Congress. Miss Kingsbury s edition of the Records of the London Company, published by the Library of Congress). The colonel dismounted: or the rector vindicated. In a letter ad dressed to his reverence; containing a dissertation upon the constitu tion of the colony. Williamsburg; Printed by Joseph Royle. 1764. 30, xvii p. Only copy is in Library of Congress. The copy from which the present text of the Inquiry is taken is in the Library of Congress, and has on the title page the autograph of Jona. Smith. The full title is "An Inquiry into the Rights of the British Colonies. Intended as an answer to the Regulations lately made concerning the Colonies, and the Taxes imposed upon them considered. In a letter addressed to the author of that pamphlet. By Richard Bland of Virginia. Williamsburg, Printed by Alexander Purdie & Co., 1766." This was reprinted in London, in the Political Register, for 1769, p. 9-27. The text in the Political Register has been carefully compared with the original pamphlet, and many considerable changes are found to have been made in the punctuation. A separate edition of the Inquiry was also printed in London bearing the imprint: Wiliamsburg: Printed by Alexander Purdie and Co., London. Re printed by J. Almon, opposite Burlington House, Picadilly, 1769. Copies are in the John Carter Brown Library, and the library of the His torical Society of Pennsylvania. This is probably the text as printed in the Political Register, repaged, as the title is a caption title. At the time Charles Campbell prepared "The Bland Papers" there was a portrait of Bland at Jordan s Point. The portrait was then in the mutilated condition in which it had been left by the British soldiers at the time of the revolution. It has seemed to the editor that it would be helpful to the student to have full titles of the books to which Bland refers in his notes. Some of these books were in his own library, others were in the library of the council of Virginia. Titles of the first editions of all such books are accordingly printed in the Appendix, but it is not presumed that these were the editions Bland used. In pro viding this information, Mr. Charles H. Hastings, of the Card Di vision of the Library of Congress, has been most attentive, and acknowledgment is hereby gratefully made to him. For permis sion to photograph the original pamphlet in the Library of Con gress, I wish to express my appreciation to Dr. Herbert Putnam, Librarian of Congress. For helpful suggestions I am indebted to Hon. Robert M. Hughes of Norfolk, Prof. Oscar L. Shewmake of the College of William and Mary, and Frederick C. Hicks, Law Librarian of Columbia University, and I wish to acknowledge, most gratefully, their assistance E. G. SWEM, William and Mary College. AN INQUIRY INTO THE RIGHTS of the BRITISH Colonies, Intended as an Anfwer to The Regulations lately made concerning the Colonies, and the Taxes impofed upon them confidered. In a Letter addreffed to the Author of that Pamphlet. By RICHARD BLAND, of VIRGINIA. Dedit omnibus Deus pro virili portione fapientiam, ut et inaudita invejligare pojjent et audita perpendere. LACTANTIUS. WILLI AMSBURG : Printed by ALEXANDER PURDIE, & Co MDCCLXVI. [ 3 AN INQUIRY INTO THE RIGHTS of the BRITISH Colonies S I R, I TAKE the Liberty to addrefs you, as the Author of " The Regulations lately made concerning " the Colonies, and the Taxes impofed upon " them confidered." It is not to the Man, whoever you are, that I addrefs myfelf; but it is to the Author of a Pamphlet which, according to the Light I view it in, endeavours to fix Shackles upon the American Colonies: Shackles which, however nicely polifhed, can by no Means sit eafy upon Men who have juft Sentiments of their own Rights and Liberties. You have indeed brought this Trouble upon yourfelf, for you fay that " many Steps have been lately taken by the Miniftry to cement and perfect the neceffary :c Connexion between the Colonies and the Mother Kingdom, which every Man who is fincerely in- " tere&ed in what is interesting to his Country will [ 4 ] " anxioufly confider the Propriety of, will inquire into " the Information, and canvas the Principles upon " which they have been adopted; and will be ready " to applaud what has been well done, condemn what has been done amifs, and fuggeft any Emendations, " Improvements, or Additions, which may be within " his Knowledge, and occur to his Reflexion." Encouraged therefore by fo candid an Invitation, I have undertaken to examine, with an honeft Plainnefs and Freedom, whether the Miniftry, by impofing Taxes upon the Colonies by Authority of Parliament, have purfued a wife and falutary Plan of Government, or whether they have exerted pernicious and definitive Acls of Power. I pretend not to concern myfelf with the Regulations lately made to encourage Population in the new Ac- quifitions: Time can only determine whether the Reafons upon which they have been founded are agree able to the Maxims of Trade and found Policy, or not. However, I will venture to obferve that if the moft powerful inducement towards peopling thofe Acquifi- tions is to arife from the Expectation of a Conftitution to be eftablifhed in them fimiliar to the other Royal Governments in America, it muft be a ftrong Circum- ftance, in my Opinion, againft their being fettled by Englijhmen, or even by Foreigners, who do not live under the moft defpotick Government; fince, upon your Principles of Colony Government, fuch a Con ftitution will not be worth their Acceptance. The Queftion is whether the Colonies are reprefented in the Britijh Parliament or not? You affirm it to be an indubitable FacT: that they are reprefented, and from thence you infer a Right in the Parliament to impofe Taxes of every Kind upon them. You do not infift upon the Power, but upon the Right of Parliament to impofe Taxes upon the Colonies. This is certainly a very proper Diftinclion, as Right and Power have very different Meanings, and convey very different Ideas: For had you told us that the Parliament of Great Britain have Power, by the Fleets and Armies of the Kingdom, to impofe Taxes and to raife Contributions upon the Colonies, I fhould not have prefumed to difpute the Point with you; but as you infift upon the Right only, I muft beg Leave to differ from you in Opinion, and fhall give my Reafons for it. But I muft firft recapitulate your Arguments in Sup port of this Right in the Parliament. You fay " the " Inhabitants of the Colonies do not indeed choofe :f Members of Parliament, neither are nine Tenths of the People of Britain Electors; for the Right of >c Election is annexed to certain Species of Property, pi to peculiar Franchifes, and to Inhabitancy in fome " particular Places. But thefe Defcriptions comprehend :c only a very fmall Part of the Lands, the Property ; and People of Britain , all Copy-Hold, all Leafe- >c Hold Eftates under the Crown, under the Church, or under private Perfons, though for Terms ever " fo long; all landed Property in fhort that is not Freehold, and all monied Property whatfoever, are :c excluded. The Poffeffors of thefe have no Votes <( in the Election of Members of Parliament; Women c and Perfons under Age, be their Property ever fo " large, and all of it Freehold, have nonef The >c Merchants of London, a numerous and refpectable :c Body of Men, whofe Opulence exceeds all that : America can collect; the Proprietors of that vaft c Accumulation of Wealth, the Publick Funds; the " Inhabitants of Leeds, of Halifax, of Birmingham. " and of Manchester , Towns that are each of them " larger than the largeft in the Plantations; many of " leffer Note, that are incorporated; and that great " Corporation the Eaft India Company, whofe Rights " over the Countries they poffefs fall very little fhort " of Sovereignty, and whofe Trade and whofe Fleets " are fufficient to conftitute them a maritime Power, " are all in the fame Circumftances: And yet are they " not reprefented in Parliament? Is their vaft Property " fubject to Taxation without their Confent? Are they " all arbitrarily bound by Laws to which they have " not agreed? The Colonies are exactly in the fame " Situation; all Britifb Subjects are really in the fame;. " none are actually, all are virtually, reprefented in " Parliament: For every Member of Parliament fits " in the Houfe not as a Reprefentative of his own " Conftituents, but as one of that auguft Affembly by " which all the Commons of Great Britain are repre- " fented." This is the Sum of what you advance, in all the Pomp of Parliamentary Declamation, to prove that the Colonies are reprefented in Parliament, and there fore fubjecl: to their Taxation; but notwithftanding this Way of reafoning, I cannot comprehend how Men who are excluded from voting at the Election of Mem bers of Parliament can be reprefented in that Affembly, or how thofe who are elected do not fit in the Houfe as Reprefentatives of their Conftituents. Thefe Affer- tions appear to me not only paradoxical, but contrary to the fundamental Principles of the Englijh Conftitu- tion. To illuftrate this important Difquifition, I conceive we muft recur to the civil Constitution of England, and from thence deduce and afcertain the Rights and Pri- vileges of the People at the firft Eftablifhment of the Government, and difcover the Alterations that have been made in them from Time to Time; and it is from the Laws of the Kingdom, founded upon the Principles of the Law of Nature, that we are to mow the Obli gation every Member of the State is under to pay Obedience to its Institutions. From thefe Principles I {hall endeavour to prove that the Inhabitants of Britain, who have no Vote in the Election of Members of Par liament, are not reprefented in that Affembly, and yet that they owe Obedience to the Laws of Parliament; which, as to them, are constitutional, and not arbitrary. As to the Colonies, I mall confider them afterwards. Now it is a Fact, as certain as Hiftory can make it, that the prefent civil Conftitution of England derives its Original from thofe Saxons who, coming over to the Affiftance of the Britons in the Time of their King Fortigern, made themfelves Matters of the Kingdom, and eftablifhed a Form of Government in it fimilar to that they had been accuftomed to live under in their native Country*; as fimilar, at leaft, as the Difference of their Situation and Circumftances would permit. This Government, like that from whence they came, was founded upon Principles of the moft perfect Li berty: The conquered Lands were divided among the Individuals in Proportion to the Rank they held in the Nation|; and every Freeman, that is, every Free holder, was a Member of their Wittinagemot, or Parliament^. The other Part of the Nation, or the Non-Proprietors of Land, were of little Eftimation. * Petyt s Rights of the Com. Brady s Comp. Hifl. Rapin. Squire s Inquiry. t Caefar de Bell. Gall. Tacitus de Germ. C. 28. Temple s Mifc. f Tacitus de Germ, C. 11. Ibid. C. 25. They, as in Germany, were either Slaves, mere Hewers of Wood and Drawers of Water, or Freedmen; who, being of foreign Extraction, had been manumitted by their Mafters, and were excluded from the high Pri vilege of having a Share in the Adminiftration of the Commonwealth, unlefs they became Proprietors of Land (which they might obtain by Purchafe or Dona tion) and in that Cafe they had a Right to fit with the Freemen, in the Parliament or fovereign Legiflature of the State. How long this Right of being perfonally prefent in the Parliament continued, or when the Cuftom of fending Reprefentatives to this great Council of the Nation, was firft introduced, cannot be determined with Precifion; but let the Cuftom of Reprefentation be introduced when it will, it is certain that every Freeman, or, which was the fame Thing in the Eye of the Conftitution, every Freeholder*, had a Right to vote at the Election of Members of Parliament, and therefore might be faid, with great Propriety, to be prefent in that Affembly, either in his own Perfon or by Reprefentation. This Right of Election in the Freeholders is evident from the Statute ift Hen. 5. Ch. ift, which limits the Right of Election to thofe Freeholders only who are refident in the Counties the Day of the Date of the Writ of Election; but yet every refident Freeholder indifcriminately, let his Freehold be ever fo fmall, had a Right to vote at the Election of Knights for his County, fo that they were actually reprefented: And this Right of Election continued until it was taken away by the Statute 8th Hen. 6. Ch. 7. from thofe Freeholders who had not a clear Freehold Eftate of forty Shillings by the Year at the leaft. * 2 Inft. 27. 4 Inft. 2. t 9 1 Now this Statute was deprivative of the Right of thofe Freeholders who came within the Defcription of it; but of what did it deprive them, if they were repre- fented notwithftanding their Right of Election was taken from them? The mere Act of voting was nothing, of no Value, if they were reprefented as con- ftitutionally without it as with it: But when by the fundamental Principles of the Conftitution they were to be confidered as Members of the Legiflature, and as fuch had a Right to be prefent in Perfon, or to fend their Procurators or Attornies, and by them to give their Suffrage in the fupreme Council of the Nation, this Statute deprived them of an effential Right; a Right without which, by the ancient Conftitution of the State, all other Liberties were but a Species of Bondage. As thefe Freeholders then were deprived of their Rights to fubftitute Delegates to Parliament, they could not be reprefented, but were placed in the fame Condition with the Non-Proprietors of Land, who were excluded by the original Conftitution from having any Share in the Legiflature, but who, notwithftanding fuch Exclufion, are bound to pay Obedience to the Laws of Parliament, even if they mould confift of nine Tenths of the People of Britain; but then the Obligation of thefe Laws does not arife from their being virtually reprefented in Parliament, but from a quite different Reafon. Men in a State of Nature are abfolutely free and in dependent of one another as to fovereign Jurifdiction*, but when they enter into a Society, and by their own * Fattel s Law of Nature. Locke on Civil Govern. Wolla- fton s Rel. of Nat. B Confent become Members of it, they muft fubmit to the Laws of the Society according to which they agree to be governed; for it is evident, by the very Act of Affociation, that each Member fubjects himfelf to the Authority of that Body in whom, by common Confent, the legiflative Power of the State is placed: But though they muft fubmit to the Laws, fo long as they remain Members of the Society, yet they retain fo much of their natural Freedom as to have a Right to retire from the Society, to renounce the Benefits of it, to enter into another Society, and to fettle in another Country; for their Engagements to the Society, and their Sub- miffion to the publick Authority of the State, do not oblige them to continue in it longer than they find it will conduce to their Happinefs, which they have a natural Right to promote. This natural Right re mains with every Man, and he cannot juftly be de prived of it by any civil Authority. Every Perfon therefore who is denied his Share in the Legislature of the State to which he had an orginal Right, and every Perfon who from his particular Circumftances is ex cluded from this great Privilege, and refufes to exer- cife his natural Right of quitting the Country, but remains in it, and continues to exercife the Rights of a Citizen in all other Refpects, muft be fubject to the Laws which by thefe Acts he implicitly, or to ufe your own Phrafe, virtually confents to: For Men may fubject themfelves to Laws, by confenting to them implicity; that is, by conforming to them, by adhering to the Society, and accepting the Benefits of its Confti- tution, as well, as explicitly and directly, in their own Perfons, or by their Reprefentatives fubftituted in their Room*. Thus, if a Man whofe Property does not * Wollajlon s Rel. of Nat. [ II ] entitle him to be an Elector of Members of Parliament and therefore cannot be reprefented, or have any Share in the Legiflature, " inherits or takes any Thing by " the Laws of the Country to which he has no indu- " bitable Right in Nature, or which, if he has a Right " to it, he cannot tell how to get or keep without the " Aid of the Laws and the Advantage of Society, " then, when he takes this Inheritance, or whatever " it is, with it he takes and owns the Laws that gave " it him. And fmce the Security he has from the " Laws of the Country, in Refpect of his Perfon and " Rights, is the Equivalent for his SubmhTion to them, " he cannot accept that Security without being obliged, 6 in Equity, to pay this Submiffion: Nay his very " continuing in the Country {hows that he either likes " the Conftitution, or likes it better, notwithftanding " the Alteration made in it to his Difadvantage, than " any other; or at leaft thinks it better, in his Circum- " ftances, to conform to it, than to feek any other; " that is, he is content to be comprehended in it." From hence it is evident that the Obligation of the Laws of Parliament upon the People of Britain who have no Right to be Electors does not arife from their being virtually reprefented, but from a quite different Principle; a Principle of the Law of Nature, true, certain, and univerfal, applicable to every Sort of Government, and not contrary to the common Under- ftandings of Mankind. If what you fay is a real Fact, that nine Tenths of the People of Britain are deprived of the high Privilege of being Electors, it mows a great Defect in the pre- fent Conftitution, which has departed fo much from its original Purity; but never can prove that thofe People are even virtually reprefented in Parliament. [ 12 ] And here give me Leave to obferve that it would be a Work worthy of the beft patriotick Spirits in the Nation to effectuate an Alteration in this putrid Part of the Conftitution; and, by reftoring it to its priftine Perfection, prevent any " Order or Rank of the Sub- " jects from impofing upon or binding the reft without " their Confent." But, I fear, the Gangrene has taken too deep Hold to be eradicated in thefe Days of Venality. But if thofe People of Britain who are excluded from being Electors are not reprefented in Parliament, the Conclufion is much ftronger againft the People of the Colonies being reprefented; who are confidered by the Britijb Government itfelf, in every Inftance of Parliamentary Legislation, as a diftinct People. It has been determined by the Lords of the Privy Council that " Acts of Parliament made in England without " naming the foreign Plantations will not bind them*." Now what can be the Reafon of this Determination, but that the Lords of the Privy Council are of Opinion the Colonies are a diftinct People from the Inhabitants of Britain, and are not reprefented in Parliament. If, as you contend, the Colonies are exactly in the fame Situation with the Subjects in Britain, the Laws will in every Inftance be equally binding upon them, as upon thofe Subjects, unlefs you can difcover two Species of virtual Reprefentation; the one to refpect the Subjects in Britain, and always exifting in Time of Parliament; the other to refpect the Colonies, a mere Non-Entity, if I may be allowed the Term, and never exifting but when the Parliament thinks proper to produce it into Being by any particular Act in which the Colonies * 2 Peer Williams. I 13 -J happen to be named. But I muft examine the Cafe of the Colonies more diftinclly. It is in vain to fearch into the civil Conftitution of England for Directions in fixing the proper Connexion b etween the Colonies and the Mother Kingdom; I mean what their reciprocal Duties to each other are, and what Obedience is due from the Children to the general Parent. The planting Colonies from Britain is but of recent Date, and nothing relative to fuch Plantation can be collected from the ancient Laws of the Kingdom; neither can we receive any better Information by ex tending our Inquiry into the Hiftory of the Colonies eftablimed by the feveral Nations in the more early Ages of the World. All the Colonies (except thofe of Georgia and Nova Scotia) formed from the Englifh Nation, in North America, were planted in a Manner, and under a Dependence, of which there is not an In- ftance in all the Colonies of the Ancients; and there fore, I conceive, it muft afford a good Degree of Surprife to find an Englijh Civilian* giving it as his Sentiment that the Englijh Colonies ought to be go verned by the Roman Laws, and for no better Reafon than becaufe the Spanifh Colonies, as he fays, are go verned by thofe Laws. The Romans eftablimed their Colonies in the Midft of vanquifhed Nations, upon Principles which beft fecured their Conquefts; the Pri vileges granted to them were not always the fame; their Policy in the Government of their Colonies and the conquered Nations being always directed by arbitrary Principles to the End they aimed at, the fubjecting the whole Ea rth to their Empire. But the Colonies in North America, except thofe planted within the prefent Century, were founded by Englijhmen; who, becoming * Strahan in his Preface to Domat. [-14 1 private Adventurers, eftablifhed themfelves, without any Expenfe to the Nation, in this uncultivated and almoft uninhabited Country; fothat their Cafe is plainly diftinguifhable from that of the Roman, or any other Colonies of the ancient World. As then we can receive no Light from the Laws of the Kingdom, or from ancient Hiftory, to direct us in our Inquiry, we muft have Recourfe to the Law of Nature, and thofe Rights of Mankind which flow from it. I have obferved before that when Subjects are de prived of their civil Rights, or are dissatisfied with the Place they hold in the Community, they have a natural Right to quit the Society of which they are Members, and to retire into another Country. Now when Men exercife this Right, and withdraw themfelves from their Country, they recover their natural Freedom and Independence: The Jurifdiction and Sovereignty of the State they have quitted ceafes; and if they unite, and by common Confent take Poffeflion of a new Country, and form themfelves into a political Society, they become a fovereign State, independent of the State from which they feparated. If then the Subjects of England have a natural Right to relinquifh their Country, and by retiring from it, and affociating together, to form a new political Society and indepen dent State, they muft have a Right, by Compact with the Sovereign of the Nation, to remove into a new Country, and to form a civil Eftablifhment upon the Terms of the Compact. In fuch a Cafe, the Terms of the Compact muft be obligatory and binding upon the Parties; they muft be the Magna Charta, the fun damental Principles of Government, to this new Society; and every Infringement of them muft be wrong, and I -15 1 may be oppofed. It will be neceffary then to examine whether any fuch Compact was entered into between the Sovereign and thofe Englijh Subjects who eftablifhed themfelves in America. You have told us that " before the firft and great " Act of Navigation the Inhabitants of North America " were but a few unhappy Fugitives, who had wan- ; dered thither to enjoy their civil and religious Liber- " ties, which they were deprived of at Home." If this was true, it is evident, from what has been faid upon the Law of Nature, that they have a Right to a civil independent Eftablimment of their own, and that Great Britain has no Right to interfere in it. But you have been guilty of a grofs Anachronifm in your Chro nology, and a great Errour in your Account of the firft Settlement of the Colonies in North America; for it is a notorious Fact that they were not fettled by Fu gitives from their native Country, but by Men who came over voluntarily, at their own Expenfe, and under Charters from the Crown, obtained for that Pur- pofe, long before the firft and great Act of Navigation. The firft of thefe Charters was granted to Sir Walter Raleigh by Queen Elizabeth under her great Seal, and was confirmed by the Parliament of England in the Year i584*. By this Charter the whole Country to be poffeffed by Sir Walter Raleigh was granted to him, his Heirs and AiTigns, in perpetual Sovereignty, in as extenfive a Manner as the Crown could grant, or had ever granted before to any Perfon or Perfons, with full Power of Legiflation, and to eftablifh a civil Govern ment in it as near as conveniently might be agreeable to * This Charter is printed at large in Hakluyt s Voyages, P. 725, Folio Edition, Anno 1589; and the Subftance of it is in the 3d Fol, of Salmon s Mod. Rift. P. 424. [ 16 ] the Form of the Englijh Government and Policy thereof. The Country was to be united to the Realm of England in perfect LEAGUE AND AMITY, was to be within the Allegiance of the Crown of England, and to be held by Homage, and the Payment of one Fifth of all Gold and Silver Ore, which was referved for all Services, Duties, and Demands. Sir Walter Raleigh, under this Charter, took Poffeffion of North America, upon that Part of the Continent which gave him a Right to the Tract of Country which lies between the twenty fifth Degree of Latitude and the Gulf of St. Lawrence; but a Variety of Accidents happening in the Courfe of his Exertions to eftabliih a Colony, and perhaps being overborn by the Expenfe of fo great a Work, he made an Affignment to divers Gentlemen and Merchants of London, in the 3ift Year of the Queen s Reign, for continuing his Plantation in America. Thefe Affignees were not more fuccefsful in their Attempts than the Proprietor himfelf had been; but being animated with the Expectation of mighty Advantages from the Accomplifhment of their Under taking, they, with others, who affociated with them, obtained new Charters from King James the Firft, in whom all Sir Walter Raleigh s Rights became vefted upon his Attainder; containing the fame extenfive Jurifdictions, Royalties, Privileges, Franchifes, and Pre-eminences, and the fame Powers to eftabliih a civil Government in the Colony, as had been granted to Sir W. Raleigh, with an exprefs Claufe of Exemption for ever from all Taxes or Impofitions upon their Import and Export Trade. Under thefe Charters the Proprietors effectually pro- fecuted, and happily fucceeded, in planting a Colony upon that Part of the Continent which is now called Virginia. This Colony, after ftruggling through im- menfe Difficulties, without receiving the leaft Affifiance from the Englifh Government, attained to fuch a De gree of Perfection that in the Year 1621 a General Affembly, or legiflative Authority, was eftablifhed in the Governour, Council, and Houfe of Burgeffes, who were elected by the Freeholders as their Reprefentatives; and they have continued from that Time to exercife the Power of Legiflation over the Colony. But upon the I5th of July, 1624, King James dif- folved the Company by Proclamation, and took the Colony under his immediate Dependence; which occa- fioned much Confufion, and created mighty Appre- henfions in the Colony left they mould be deprived of the Rights and Privileges granted them by the Com pany, according to the Powers contained in their Charters. To put an End to this Confufion, and to conciliate the Colony to the new Syftem of Government the Crown intended to eftablifh among them, K. Charles the Firft, upon the Demife of his Father, by Proclamation the 1 3th of May, 1625, declared " that Virginia mould be immediately dependent upon the Crown; that " the Affairs of the Colony mould be vefted in a " Council, confifting of a few Perfons of Underftand- " ing and Quality, to be fubordinate and attendant to ;< the Privy Council in England; that he was refolved to eftablifh another Council in Virginia, to be fub- " ordinate to the Council in England for the Colony; " and that he would maintain the neceffary Officers, " Minifters, Forces, Ammunition, and Fortifications " thereof, at his own Charge." But this Proclamation had an Effect quite different from what was intended; C [ 18 ] t inftead of allaying, it increafed the Confusion of the Colony; they now thought their regular Conftitution was to be deftroyed, and a Prerogative Government eftablifhed over them; or, as they exprefs themfelves in their Remonftrance, that " their Rights and Privi- " leges were to be affaulted." This general Difquie- tude and Diffatisfa6Hon continued until they received a Letter from the Lords of the Privy Council, dated July the 22d, 1634, containing the Royal Affurance and Confirmation that " all their Eftates, Trade, " Freedom, and Privileges, mould be enjoyed by them " in as extenfive a Manner as they enjoyed them before " the recalling the Company s Patent;" whereupon they became reconciled, and began again to exert themfelves in the Improvement of the Colony. Being now in full PofTeffion of the Rights and Pri vileges of Engli/bmen, which they efteemed more than their Lives, their Affection for the Royal Government grew almoft to Enthufiafm; for upon an Attempt to reftore the Company s Charter by Authority of Parli ament, the General Affembly, upon the ift of April, 1642, drew up a Declaration or Proteftation, in the Form of an Act, by which they declared " they never " would fubmit to the Government of any Company " or Proprietor, or to fo unnatural a Diftance as a " Company or other Perfon to interpofe between the " Crown and the Subjects; that they were born under " Monarchy, and would never degenerate from the " Condition of their Births by being fubject to any " other Government; and every Perfon who mould " attempt to reduce them under any other Government " was declared an Enemy to the Country, and his " Eftate was to be forfeited." This Act, being pre- fented to the King, at his Court at York, July 5th, 1644 [ 19 ] drew from him a moft gracious Anfwer, under his Royal Signet, in which he gave them the fulleft Af- furances that they fhould be always immediately depen dent upon the Crown, and that the Form of Govern ment fhould never be changed. But after the King s Death they gave a more eminent Inftance of their At tachment to Royal Government, in their Oppofition to the Parliament, and forcing the Parliament Com- miflioners, who were fent over with a Squadron of Ships of War to take PoffefTion of the Country, into Articles of Surrender, before they would fubmit to their Obedi ence. As thefe Articles reflect no fmall Honour upon this Infant Colony, and as they are not commonly known, I will give an Abftract of fuch of them as relate to the prefent Subject. 1. The Plantation of Virginia, and all the Inhabitants thereof, fhall be and remain in due Subjection to the Commonwealth of England, not as a conquered Country, but as a Country fubmitting by their own voluntary Act, and fhall enjoy fuch Freedoms and Privileges as belong to the free People of England 2. The General AfTembly as formerly fhall convene, and tranfact the Affairs of the Colony. 3. The People of Virginia fhall have a free Trade, as the People of England, to all Places, and with all Nations. 4. Virginia fhall be free from all Taxes, Cuftoms, and Impofitions whatfoever; and none fhall be impofed on them without Confent of the General Affembly; and that neither Forts nor Caftles be erected, or Garrifons maintained, without their Con fent. Upon this Surrender of the Colony to the Parliament, Sir W . Berkley, the Royal Governour, was removed, I 20 J and three other Governours were fucceffively elected by the Houfe of Burgeffes; but in January 1659 Sir William Berkeley was replaced at the Head of the Go vernment by the People, who unanimoufly renounced their Obedience to the Parliament, and reftored the Royal Authority by proclaiming Charles the 2d King of England, Scotland, France, Ireland, and Virginia; fo that he was King in Virginia fome Time before he had any certain Affurance of being reftored to his Throne in England. From this Detail of the Charters, and other Acts of the Crown, under which the firft Colony in North America was eftablilhed, it is evident that " the Co- c lonifts were not a few unhappy Fugitives who had " wandered into a diftant Part of the World to enjoy " their civil and religious Liberties, which they were " deprived of at home," but had a regular Government long before the firft Act of Navigation, and were refpedled as a diftinct State, independent, as to their internal Government, of the original Kingdom, but united with her, as to their external Polity, in the clofeft and moft intimate LEAGUE AND AMITY, under the fame Allegiance, and enjoying the Benefits of a reciprocal Intercourfe. But allow me to make a Reflection or two upon the preceding Account of the firft Settlement of an Englijh Colony in North America. America w4 no Part of the Kingdom of England; it was poffeffed by a favage People, fcattered through the Country, who were not fubject to the Englijh Do minion, nor owed Obedience to its Laws. This inde pendent Country was fettled by Englijhmen at their own Expenfe, under particular Stipulations with the Crown: Thefe Stipulations then muft be the facred Band of Union between England and her Colonies, and cannot be infringed without Injuftice. But you Object that no Power can abridge the Authority of Parliament, " which has never exempted any from the Submiffion " they owe to it; and no other Power can grant fuch " an Exemption." I will not difpute the Authority of the Parliament, which is without Doubt fupreme within the Body of the Kingdom, and cannot be abridged by any other Power; but may not the King have Prerogatives which he has a Right to exercife without the Confent of Par- liament? If he has, perhaps that of granting Licenfe to his Subjects to remove into a new Country, and to fettle therein upon particular Conditions, may be one. If he has no fuch Prerogative, I cannot difcover how the Royal Engagements can be made good, that " the " Freedom and other Benefits of the Britijb Conftitu- " tion" mail be fecured to thofe People who mail fettle in a new Country under fuch Engagements; the Freedom, and other Benefits of the Britijb Conftitution, cannot be fecured to a People without they are ex empted from being taxed by any Authority but that of their Reprefentatives, chofen by themfelves. This is an eifential Part of Britijb Freedom; but if the King cannot grant fuch an Exemption, in Right of his Pre rogative, the Royal Promifes cannot be fulfilled; and all Charters which have been granted by our former Kings, for this Purpofe, muft be Deceptions upon the Subjects who accepted them, which to fay would be a high Reflection upon the Honour of the Crown. But there was a Time when fome Parts of England itfelf were exempt from the Laws of Parliament: The In habitants of the County Palatine of Chefler were not [ 22 ] fubject to fuch Laws* ab antiquo, becaufe they did not fend Reprefentatives to Parliament, but had their own Commune Concilium; by whofe Authority, with the Confent of their Earl, their Laws were made. If this Exemption was not derived orginally from the Crown, it muft have arifen from that great Principle in the Britijh Conftitution by which the Freemen in the Nation are not fubject to any Laws but fuch as are made by Reprefentatives elected by themfelves to Parliament; so that, in either Cafe, it is an Inftance extremely ap plicable to the Colonies, who contend for no other Right but that of directing their internal Government by Laws made with their own Confent, which has been preferved to them by repeated Acts and Declarations of the Crown. The Conftitution of the Colonies, being eftablifhed upon the Principles of Britijh Liberty, has never been infringed by the immediate Act of the Crown; but the Powers of Government, agreeably to this Confti tution, have been conftantly declared in the King s CommifTions to their Governours, which, as often as they pafs the Great Seal, are new Declarations and Confirmations of the Rights of the Colonies. Even in the Reign of Charles the Second, a Time by no Means favourable to Liberty, thefe Rights of the Colonies were maintained inviolate; for when it was thought necefTary to eftablifh a permanent Revenue for the Support of Government in Virginia, the King did not apply to the Englijh Parliament, but to the General Affembly, and fent over an Act, under the Great Seal of England, by which it was enacted " by the King s " Moft Excellent Majefty, by and with the Confent " of the General Affembly," that two Shillings per * Petyfs Rights of the Commons. King s Vale Royal of England. [ 23 ] Hogfhead upon all Tobacco exported, one Shilling and Threepence per Tun upon Shipping, and Sixpence per Poll for every Perfon imported, not being actually a Mariner in Pay, were to be paid for ever as a Revenue for the Support of the Government in the Colony. I have taken Notice of this Act, not only becaufe it mows the proper Fountain from whence all Supplies to be raifed in the Colonies ought to flow, but alfo as it aifords an Inftance that Royalty itfelf did not difdain formerly to be named as a Part of the Legiflature of the Colony; though now, to ferve a Purpofe deftructive of their Rights, and to introduce Principles of Defpotifm unknown to a free Conftitution, the Legiflature of the Colonies are degraded even below the Corporation of a petty Borough in England. It muft be admitted that after the Reftoration the Colonies loft that Liberty of Commerce with foreign Nations they had enjoyed before that Time. As it became a fundamental Law of the other States of Europe to prohibit all foreign Trade with their Co lonies, England demanded fuch an exclufive Trade with her Colonies. This was effected by the Act of 2^th Charles 2d, and fome other fubfequent Acts; which not only circumfcribed the Trade of the Colonies with foreign Nations within very narrow Limits, but impofed Duties upon feveral Articles of their own Ma nufactory exported from one Colony to another. Thefe Acts, which impofed feverer Reftrictions upon the Trade of the Colonies than were impofed upon the Trade of England, deprived the Colonies, fo far as thefe Reftrictions extended, of the Privileges of Englifb Subjects, and conftituted an unnatural Difference be tween Men under the fame Allegiance, born equally- free, and entitled to the fame civil Rights. In this [ 24 ] Light did the People of Virginia view the Adi of 25th Charles 2d, when they fent Agents to the Englifb Court to reprefent againft " Taxes and Impofitions being laid " on the Colony by any Authority but that of their " General Affembly." The Right of impofmg internal Duties upon their Trade by Authority of Parliament was then difputed, though you fay it was never called into Queftion; and the Agents fent from Virginia upon this Occafion obtained a Declaration from Charles 2d the iQth of April 1676, under his Privy Seal, that Impofitions or " Taxes ought not be laid upon the " Inhabitants and Proprietors of the Colony but by the ;< common Confent of the General Affembly, except :< fuch Impofitions as the Parliament mould lay on :t the Commodities imported into England from the :< Colony:" And he ordered a Charter to be made out, and to pafs the Great Seal, for fecuring this Right, among others, to the Colony. But whether the Adi of 25th Charles 2d, or any of the other Acts, have been complained of as Infringe ments of the Rights of the Colonies or not, is imma terial; for if a Man of fuperiour Strength takes my Coat from me, that cannot give him a Right to my Cloak, nor am I obliged to fubmit to be deprived of all my Eftate becaufe I may have given up fome Part of it without Complaint. Befides, I have proved irre- fragably that the Colonies are not reprefented in Parlia ment, and confequently, upon your own Pofition, that no new Law can bind them that is made without the Concurrence of their Reprefentatives; and if fo, then every Act of Parliament that impofes internal Taxes upon the Colonies is an Adi of Power, and not of Right. I muff fpeak freely, I am confidering a Question which affects the Rights of above two Millions of as 1 25 J loyal Subjects as belong to the Britifh Crown, and muft ufe Terms adequate to the Importance of it; I fay that Power abftracted from Right cannot give a juft Title to Dominion. If a Man invades my Property, he becomes an AggrefTor, and puts himfelf into a State of War with me: I have a Right to oppofe this Invader; If I have not Strength to repel him, I muft fubmit, but he acquires no Right to my Eftate which he has ufurped. Whenever I recover Strength I may renew my Claim, and attempt to regain my PofTeffion; if I am never ftrong enough, my Son, or his Son, may, when able, recover the natural Right of his Anceftor which has been unjuftly taken from him. I hope I mall not be charged with Infolence, in de livering the Sentiments of an honeft Mind with Free dom: I am fpeaking of the Rights of a People; Rights imply Equality in the Inftances to which they belong, and muft be treated without Refpect to the Dignity of the Perfons concerned in them. If " the Britijb Em- " pire in Europe and in America is the fame Power" if the " Subjects in both are the fame People, and all ;< equally participate in the Adverfity and Profperity " of the Whole," what Diftindtions can the Difference of their Situations make, and why is this Diftinction made between them? Why is the Trade of the Colonies more circumfcribed than the Trade of Britain? And why are Impofitions laid upon the one which are not laid upon the other? If the Parliament " have a Right to impofe Taxes of every Kind upon the Colonies," they ought in Juftice, as the fame People, to have the fame Sources to raife them from: Their Commerce ought to be equally free with the Commerce of Britain, otherwife it will be loading them with Burthens at the D [ 26 ] fame Time that they are deprived of Strength to fuftain them; it will be forcing them to make Bricks without Straw. I acknowledge the Parliament is the fovereign legiflative Power of the Britijh Nation, and that by a full Exertion of their Power they can deprive the Co lonifts of the Freedom and other Benefits of the Britijh Conftitution which have been fecured to them by our Kings; they can abrogate all their civil Rights and Liberties ; but by what Right is it that the Parliament can exercife fuch a Power over the Colonifts, who have as natural a Right to the Liberties and Privileges of Englijhmen as if they were actually refident within the Kingdom? The Colonies are fubordinate to the Au thority of Parliament; fubordinate I mean in Degree, but not abfolutely fo: For if by a Vote of the Britijh Senate the Colonifts were to be delivered up to the Rule of a French or Turkifh Tyranny, they may refufe Obedience to fuch a Vote, and may oppofe the Execution of it by Force. Great is the Power of Parliament, but, great as it is, it cannot, conftitutionally, deprive the People of their natural Rights; nor, in Virtue of the fame Principle, can it deprive them of their civil Rights, which are founded in Compact, without their own Confent. There is, I confefs, a confiderable Difference between thefe two Cafes as to the Right of Refiftance: In the firft, if the Colonifts mould be dif- membered from the Nation by Act of Parliament, and abandoned to another Power, they have a natural Right to defend their Liberties by open Force, and may law fully refift; and, if they are able, repel the Power to whofe Authority they are abandoned. But in the other, if they are deprived of their civil Rights, if great and manifeft Oppreffions are impofed upon them by the State on which they are dependent, their Remedy is to lay their Complaints at the Foot of the Throne, and to fuffer patiently rather than difturb the publick Peace, which nothing but a Denial of Juftice can excuse them in breaking. But if this Juftice mould be denied, if the moft humble and dutiful Reprefentations mould be rejected, nay not even deigned to be received, what is to be done? To fuch a Queftion Thucydides would make the Corinthians reply, that if " a decent and condef- :c cending Behaviour is mown on the Part of the Co- 1 lonies, it would be bafe in the Mother State to prefs " too far on fuch Moderation:" And he would make the Corcyreans anfwer, that " every Colony, whilft 6 ufed in a proper Manner, ought to pay Honour and " Regard to its Mother State; but, when treated with " Injury and Violence, is become an Alien. They " were not fent out to be the Slaves, but to be the " Equals of thofe that remain behind." But, according to your Scheme, the Colonies are to be prohibited from uniting in a Reprefentation of their general Grievances to the common Sovereign. This Moment " the Britifh Empire in Europe and in America 6 is the fame Power; its Subjects in both are the fame :f People; each is equally important to the other, and mutual Benefits, mutual Neceffities, cement their " Connexion." The next Moment " the Colonies " are unconnected with each other, different in their " Manners, oppofite in their Principles, and clam in c their Interefts and in their Views, from Rivalry in : Trade, and the Jealoufy of Neighbourhood. This " happy Divifion, which was effected by Accident, " is to be continued throughout by Defign; and all :i Bond of Union between them" is excluded from your vaft Syftem. Divide et impera is your Maxim in Colony Adminiftration, left " an Alliance fhould be [ 28 ] " formed dangerous to the Mother Country." Un generous Infmuation! deteftable Thought! abhorrent to every Native of the Colonies! who, by an Unifor mity of Conduct, have ever demonftrated the deepeft Loyalty to their King, as the Father of his People, and an unfhaken Attachment to the Intereft of Great Britain. But you muft entertain a moft defpicable Opinion of the Understandings of the Colonifts to imagine that they will allow Divifions to be fomented between them about inconfiderable Things, when the clofeft Union becomes neceffary to maintain in a conftitutional Way their deareft Interefts. Another Writer*, fond of his new Syftem of placing Great Britain as the Centre of Attraction to the Colo nies, fays that " they muft be guarded againft having " or forming any Principle of Coherence with each " other above that whereby they cohere in the Centre; " having no other Principle of Intercommunication " between each other than that by which they are in " joint Communication with Great Britain, as the :< common Centre of all. At the fame Time that they " are each, in their refpe6Hve Parts and Subordinations, " fo framed as to be acted by this firft Mover, they " mould always remain incapable of any Coherence, " or of fo confpiring amongft themfelves as to create " any other equal Force which might recoil back on this firft Mover; nor is it more neceffary to preferve " the feveral Governments fubordinate within their " refpective Orbs than it is effential to the Prefervation " of the Empire to keep them difconnected and inde- " pendent of each other." But how is this " Principle " of Coherence," as this elegant Writer calls it, be tween the Colonies, to be prevented? The Colonies * The Adminiftration of the Colonies by Governour Pownall. I 29 J upon the Continent of North America lie united to each other in one Tract of Country, and are equally con cerned to maintain their common Liberty. If he will attend then to the Laws of Attraction in natural as well as political Philofophy, he will find that Bodies in Contact, and cemented by mutual Interefts, cohere more ftrongly than thofe which are at a Diftance, and have no common Interefts to preferve. But this natural Law is to be deftroyed; and the Colonies, whofe real Interefts are the fame, and therefore ought to be united in the clofeft Communication, are to be disjoined, and all intercommunication between them prevented. But how is this Syftem of Adminiftration to be eftablifhed? Is it to be done by a military Force, quartered upon private Families? Is it to be done by extending the Jurifdiction of Courts of Admiralty, and thereby de priving the Colonifts of legal Trials in the Courts of common Law? Or is it to be done by haraffiing the Colonifts, and giving overbearing Taxgatherers an Op portunity of ruining Men, perhaps better Subjects than themfelves, by dragging them from one Colony to another, before Prerogative Judges, exercifmg a def- potick Sway in Inquifitorial Courts? Oppreffion has produced very great and unexpected Events: The Helvetick Confederacy, the States of the United Ne therlands, are Inftances in the Annals of Europe of the glorious Actions a petty People, in Comparifion, can perform when united in the Caufe of Liberty. May the Colonies ever remain under a conftitutional Sub ordination to Great Britain! It is their Intereft to live under fuch a Subordination; and it is their Duty, by an Exertion of all their Strength and Abilities, when called upon by their common Sovereign, to advance the Grandeur and the Glory of the Nation. May the I 30 J Interefts of Great Britain and her Colonies be ever united fo as that whilft they are retained in a legal and juft Dependence no unnatural or unlimited Rule may be exercifed over them; but that they may enjoy the Freedom, and other Benefits of the Britijb Constitution, to the lateft Page in Hiftory! I flatter myfelf, by what has been faid, your Pofition of a virtual Reprefentation is lufficiently refuted; and that there is really no fuch Reprefentation known in the Britijb Conftitution, and confequently that the Co lonies are not fubject to an internal Taxation by Au thority of Parliament. I could extend this Inquiry to a much greater Length, by examining into the Policy of the late Acts of Par liament, which impofe heavy and fevere Taxes, Duties, and Prohibitions, upon the Colonies; I could point out fome very difagreeable Confequences, refpecting the Trade and Manufacturers of Britain, which muft neceffarily refult from thefe Acts; I could prove that the Revenues arifing from the Trade of the Colonies, and the Advantage of their Exports to Great Britain in the Balance of her Trade with foreign Nations, exceed infinitely all the Expenfe me has been at, all the Ex- penfe me can be at, in their Protection; and perhaps I could mow that the Bounties given upon fome Articles exported from the Colonies were not intended, prima rily, as Inftances of Attention to their Intereft, but arofe as well from the Confideration of the difadvantageous Dependence of Great Britain upon other Nations for the principal Articles of her naval Stores, as from her lofmg Trade for thofe Articles; I could demonftrate that thefe Bounties are by no Means adequate to her Savings in fuch foreign Trade, if the Articles upon which they are given can be procured from the Colonies in Quantities fufficient to anfwer her Confumption; and that the Excefs of thefe Savings is fo much clear Profit to the Nation, upon the Suppofition that thefe Bounties are drawn from it; but, as they will remain in it, and be laid out in its Manufactures and Exports, that the whole Sum which ufed to be paid to Foreigners for the Purchafe of thefe Articles will be faved to the Nation. I fay I could extend my Inquiry, by examining thefe feveral Matters; but as the Subject is delicate, and would carry me to a great Length, I fhall leave them to the Reader s own Reflection. APPENDIX TITLES OF BOOKS TO WHICH BLAND REFERS IN HIS NOTES Brady, Robert. 16277-1700. A complete history of England, from the first entrance of the Romans under the conduct of Julius Caesar, unto the end of the reign of King Henry III. Comprehending the Roman, Saxon, Danish and Norman affairs and transactions in this nation during that time. Wherein is shewed the original of our English laws, the differences and disagree ments between the recular and ecclesiastic powers, the true rise and grounds of the contentions and wars between the barons and our antient kings. And likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh, during the rame time. All delivered in plain matter of fact, without any reflections or remarques. By Robert Brady . . . [London! in the Savoy, Printed by T. Newcomb for S Lowndes, 1685. 6 p. 1., Ixviii, [8], 675, 254, [67] p. front, (port.) 33cm. "A catalogue of authors used in this history": [8] p. following p. Ixviii. Appendix of official documents (charters, letters, proclamations, etc.) in Latin, some with English translation. In 1700 the author issued a supplementary volume under title: Continuation of the Com plete history of England. Brady Robert, 16277-1700. A continuation of the Complete history of England: containing the lives and reigns of Edward I. II. & III. and Richard the Second. By Robert Brady . . . [London] in the Savoy, Printed by E. Jones for S. Lowndes [etc.] 1700. 1 p. 1., 467, [2], 139, [24] p. 32icm. "Authors and records fr,om whence the materials are taken": 1 p. following p. 467. Appendix of official documents in Latin, French and English. Coke, Sir Edward, 1552-1634. The first part of the Tnstitvtes of the lawes of England. Or, A com- mentarie vpon Littleton, not the name of a lawyer onely, but of the law it selfe 4.. Haec ego grandaeuus posui tibi candide lector. Authore Edw. Coke, milite. London, Printed for the Societie of sta tioners, 1628. 7 p. 1., 395 numb. 1., 1 1. fold. tab. 28icm. Coke, Sir Edward, 1552-1634. The second part of the Institutes of the lawes of England. Con taining the exposition of many ancient, and other statutes; whereof you may see the particulars in a table following . . . Authore Edw. Coke, milite, I. c. Hsec ego grandaevus posui tibi, candide lector. Lon don, Printed by M. Flesher, and R. Young, for E. D., R. M., W. L., and D. P., 1642. 5 p. 1., 745, [1] p., 1 1. 28Jcm. [ 34 ] Coke, Sir Edward, 1552-1634. The third part of the Institutes of the laws of England: concerning high treason, and other pleas of the crown, and criminall causes . . . Authore Edw. Coke, milite, i. c. Hsec ego grandaevus posui tibi, candide lector. London, Printed by M. Flesher, for W. Lee, and D. Pakeman, 1644. 5 p. L, 243, [18] p. 28icm. Coke, Sir Edward, 1552-1634. The fourth part of the Institutes of the laws of England : concerning the jurisdiction of courts . . . Authore Edw. Coke, milite, I. C. Haee ego grandaevus posui tibi, candide lector. London, Printed by M. Flesher, for W. Lee, and D. Pakeman, 1644. 7 p. 1., 364, [35] p. front, (port.) 28cm. [Dickinson, John] 1732-1808. The late regulations respecting the British colonies on the conti nent of America considered, in a letter from a gentleman in Philadel phia to his friend in London . . . Philadelphia, printed; London, Re printed, for J. Almon, 1765. 62 p. 211cm [Dickinson, John] 1732-1808. The late regulations respecting the British colonies on the conti nent of America considered, in a letter from a gentleman in Philadel phia to his friend in London . . . Philadelphia, Printed and sold by W. Bradford, 1765. 38 p. 19|cm. [Dickinson, John] 1732-1808. The late regulations respecting the British colonies on the conti nent of America considered, in a letter from a gentleman in Philadel phia to his friend in London . . . Philadelphia, printed; London, Re printed for J. Almon, 1766. 2 p. L, 39 p. 2lcm. Domat, Jean, 1625-1696. The civil law in its natural order: together with the public law. Written in French by Monsieur Domat . . . and tr. into English by William Strahan . . . With additional remarks on some material dif ferences between the civil law and the law of England . . . London, Printed by J. Bettenham, for E. Bell [etc.] 1722. 2 v. 33cm. Hakluyt, Richard, 15527-1616. The principall navigations, voiages and discoveries of the English nation, made by sea or ouer land, to the most remote and farthest [ 35 ] distant quarters of the earth at any time within the compasse of these 1500. yeers: deuided into three seuerall parts, according to the positions of the regions wherunto they were directed . . . Whereunto is added the last most renowmed English nauigation, round about the whole globe of the earth. By Richard Hakluyt . . . Imprinted at London by George Bishop and Ralph Newberrie, deputies to Christopher Barker, printer to the Queenes most excellent Maiestie, 1589. 8 p. 1., 643, [12], 644-825 (i. e. 822), [10] p. 28icm. King, Daniel, d. 1664, ed. The Vale-royall of England, or, The county palatine of Chester illustrated. Wherein is contained a geographical and historical de scription of that famous county . . . adorned with maps and prospects, and the coats of arms belonging to every individual family of the whole county. Performed by William Smith, and William Webb, gentlemen. Pub. by Mr. Daniel King. To which is annexed, An exact chronology of all its rulers and governors both in church and state from the time of the foundation of the stately city of Chester, to this very day . . . Also, An excellent discourse of the Island of Man . . . Lon don, Printed by J. Streater, 1656. 6 p. 1., 99 [5] 239, [10], 55 p., 3 p. 1., 34 p. illus., plates, maps (part fold.) coats of arms. 29cm. The "Chronicon cestrense" has separate paging; dedication is signed: Samuel Lee. "A short treatise of the Isle of Man, digested into six chapters ..." has special t.-p. and paging; its "Epistle dedicatory" is signed: James Chaloner. Locke, John, 1632-1704. An essay concerning the true original extent and end of civil gov ernment. By the late learned John Locke, esq. Boston, Re-printed and sold by Edes and Gill in Queen-street, 1773. 129 p. 18Jcm. A reprint of the second treatise in Locke s "Two treatises of government," London, 1690. Petyt, William, 1636-1707. The antient right of the commons of England asserted; or, A dis- ciourse proving by records and the best historians, that the commons of England were ever an essential part of Parliament. By William Petyt . London, Printed for F. Smith [etc.] 1680. 5 p. 1., 75, 184 p. 19cm. [Pownall, Thomas] 1722-1805. The administration of the colonies. [Part l] London, Printed for J. Wilkie, 1764. 1 p. L, 131 p. 19cm. Published anonymously. First edition. [ 36 ] Rapin-Thoyras, Paul de, 1661-1725. The history of England, as well ecclesiastical as civil. By. Mr. de Rapin Thoyra? . . . Done into English from the French ... by N. Tindal . . . London, Printed for J. and J. Knapton, 1728-32. 15 v. fronts, (v. 1-10, 13, 15) fold, maps, fold, geneal, tables, 20c. "A letter to Mr. containing some particulars of the life of Mr. de Rapin Thoyras": vol. xiii, p. [iii]-xxiv. "A short summary of the history of England": v. 15. p. 1.-144 (at end). Salmon, [Thomas] 1679-1767. Modern history: or, The present state of all nations, describing their respective situations, persons, habits, and buildings; manners, laws and customs . . plants, animals, and minerals. By. Mr. Salmon. Illustrated with cuts and maps ... by Herman Moll. The 3d ed. With considerable additions and improvements . . . also the history and revolutions of each country, brought down to the present time . . . London, T. Longman, T. Osborne [etc.] 1744-46. 3 v. front, plates, ports., maps (partly fold.) 38 cm . Squire, Samuel, bp. of St. Davids, 1714-1766. An enquiry into the foundation of the English constitution; or, An historical essay upon the Anglo-Saxon government both in Ger many and England ... A new ed. with additions. By Samuel Squire. . . London, Printed for C. Bathurst, 1753. vi, 427 p. 22icm. Appendices: 1, An essay on the balance of civil power in England; 2. A list of all such cities, towns, and burrows, as have ever been summoned to Parliament, with the date of their first returns. Temple, Sir William, bnrL, 1628-1699. The works of Sir William Temple, bart. ... To which is prefixed the life and character of the author, considerably enl. A new ed. ... London, F. C. and J. Rivington [etc.] 1814. 4 v. 22Jcm. Contents I. Life of the author. An essay on the original and nature of government. Observations upon the united Provinces of the Netherlands. Letters containing an account of the most import ant transactions that passed in Christendom from 1665 to 1672. II. Sequel of the author s letters, serving to supply the loss of the first part of his Memoirs. A survey of the constitutions and interests of the Empire, Sweden, Denmark, Spain, Holland, France, and Flanders in 1671. A letter to the Duke of Ormond, written in October, 1673. Memoirs, pt. II-IIL III. [Essays] Poetry. IV. Letters to the king, the Prince of Orange, &c. Index. [ 37 ] Vattel, Emmerich de, 1714-1767. The law of nations; or, Principles of the law of nature: applied to the conduct and affairs of nations and sovereigns. By M. de Vattel . . . Tr. from the French . . . London, Printed for J. Newbery [etc.] 1760, 59 2 v. in 1. 261 x Williams. William Peere. Reports of cases argued and determined in the High Court of Chancery, and of some special cases adjudged in the Court of Kings Bench, 2 v. (1740). 2d ed. (1746) v. 3, 1749. [Wollaston, William] 1660-1724. The religion of nature delineated [London?] printed in the year 1722. 158 p., 1 1. 26c. Privately printed. RETURN CIRCULATION DEPARTMENT 198 Main Stacks LOAN PERIOD 1 HOME USE 2 3 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS. Renewls and Recharges may be made 4 days prior to the due date. Books may be Renewed by calling 642-3405. DUE AS STAMPED BELOW 4ft NOV 2 6 1999 FORM NO. DD6 UNIVERSITY OF CALIFORNIA, BERKELEY BERKELEY, CA 94720-6000 BERKELEY