A 
 
 COLLECTION 
 
 O F 
 
 INTERESTING, AUTHENTIC 
 
 PAP E R Sf 
 
 RELATIVE TO THE >, '.''rV*V{ j/! 
 
 DISPUTE 
 
 BETWEEN 
 
 GREAT BRITAIN AND AMERICA; 
 
 SHEWING THE 
 
 CAUSES AND PROGRESS 
 
 OF THAT 
 
 MISUNDERSTANDING, 
 
 FROM 
 1764 T O 1775. 
 
 LONDON: 
 
 PRINTED FOR J. ALMON, OPPOSITE BURUXGTON- HOUSE, 
 IN PICCADILLY. 
 
 M.DCC.LXXVIL 
 
* 03 
 
 ADVERTISEMENT. 
 
 AT the Requeft of many Gentlemen, a Collection is here 
 prefented to the Public, of the principal Facts and 
 Papers refpecting the Difpute between Great Britain and 
 America before the Commencement of Hoftilities. The RE- 
 MEMBRANCER beginning with the firft Hoftilities, this Col- 
 lection of PRIOR DOCUMENTS has been defired, as ne~ 
 ceffary to accompany that Work. 
 
PRIOR DOCUMENTS. 
 
 THE difpute between Great Bri- 
 tain and America commenced 
 in the year 1764, with an attempt 
 to prevent fmuggling in America. 
 There are fome perfons who appre- 
 hend the feeds of it were fown much 
 earlier.* They may be right. But it 
 is not the defign of this compilation 
 to explain motives, or explore latent 
 CP.ufes. The object here is, to pre- 
 fent an impartial collection of au- 
 thentic Documents ; with fuch ad- 
 ditions only, as are abfolutely ne- 
 ceflary to connect the narrative. 
 
 In 1764, the Britim minifhy hav- 
 ing come to a refolution, to pre- 
 vent, as much as poffible, the prac- 
 tice of fmuggliag, not only the 
 commanders of the armed cutters 
 ftationed on the Britim coaits, but 
 of the fhips fent to America, were 
 ordered to aft in the capacity of re- 
 venue officers, to take the ufual Cuf- 
 tom-houfe oaths, and obferve the 
 Cuftom-honfe regulations ; by which 
 that enterprifing fpirit of theirs, 
 which had been lately, with great 
 fuccefs, exerted againft the common 
 enemy, was now directed and en- 
 couraged againit the fubjecl:. Trade 
 was injured by this meafure. The 
 gentlemen of the navy were not ac- 
 quainted with Cuilom-hcufe laws, 
 and therefore many illegal feizures 
 were made. The fubjecl in Ame- 
 rica could get no redrefs but from 
 England, which was tedious and 
 difficult to obtain. 
 
 * See Remembrancer, vol. i, 
 page 24. 
 
 A trade hid, for many ycai-s- beea 
 carried onbetwee ( n < the^Britifh and 
 Spanifh jrclcnieV confining;" of te 
 manufactures of 'Great Britain, im- 
 ported by the Britim colonies for 
 their own confumption, and bought 
 with their own produce ; for which 
 they were paid by the Spaniards in 
 gold and iilver, fometimes in bullion 
 and fometimes in coin, and with co- 
 chineal, &c. occafioiially. This trade 
 was not literally and ifoic~lly accord- 
 ing to law, yet the advantage of it 
 being obviouily on the fide of Great 
 Britain and her colonies, it had beea 
 connived at. But the armed mips, 
 under the new regulations, feized 
 the vefTels ; and this beneficial trafr 
 fie was fuddeniy almoft deftroyed. 
 Another trade had been carried on. 
 between the North American colo- 
 nies and the French Weft India 
 iflands, to the great difadvantage of 
 both, as well as to the mother coun- 
 try. Thefe matters had been winked 
 at many years, in confideration of 
 the quantity of manufactures our 
 North American colonies were there- 
 by enabled to take from us. This 
 advantageous commerce not only. 
 > prevented the Britiih colonies being 
 drained of their current fpecie by 
 the calls of the mother country, but 
 added to their cornmoji circulation 
 of cam ; which encreafed in propor- 
 tion with the trade. But this trade 
 being alfo cut off, by the cruizers, 
 all America became uneafy. 
 
 On the loth of March, 1764, the 
 
 Ilcufe of Commons agreed to a 
 
 .B 2 number 
 
 S8G369 
 
PRIOR DOCUMENTS. 
 
 jiumber of refolutions refpefting the 
 American trade ; upon a number of 
 which, a bill was brought in, and 
 pafied into a law, laying heavy du- 
 ties on the articles imported into the 
 colonies from the French and other 
 iflands in the Weft Indies ; and or- 
 dering thefe duties to be paid, in 
 fpecie, into the Exchequer .of Great 
 firkuio/. As to .the^atniih trade, 
 the 'Court of Madrid hatl always 
 been .againft it : and incotrjpiai&nce 
 M tharCoun, .'aS Bellas in- compli- 
 ance with the old law, and treaties 
 with Spain, it continued to be pre- 
 vented, as much as poflible. 
 
 The Americans complained much 
 of this new law ; and of the unex. 
 ampled hardfhip, of firft being 
 deprived of obtaining fpecie, and 
 next being ordered to pay thenew 
 duties, in fpecie, into the Trea- 
 fury at London ; which they faid 
 xnuft fpeedily drain them of ail the 
 fpecie they had. But what feemed 
 more particularly hard upon them, 
 was, a bill brought in the fame fef- 
 fion, and pafled into a law, " To 
 reftrain the currency of paper money 
 in the colonies.'* 
 
 At the end of the fefiion, the King 
 thanked the Houfe of Commons, for 
 the " wife regulations which had 
 been eftablifhed to augment the pub- 
 lic revenues, to unite the intereih of 
 the moft diftant pofleflions of his 
 crown, and to encourage and fecure 
 their commerce with Great Britain/' 
 Extratt of a letter from Penfacola, 
 Weft Florida, dated Dec. 13, 1764. 
 
 " E'*ery thing here is put into a 
 dull ftate, by the men of war ob- 
 ftrudting the Spaniards from trading 
 with us. We had four veffels here 
 lately, but they were not permitted 
 to trade, which is the greateft mis- 
 fortune that could have befallen us 
 in this young fettlement, and which 
 I think at the fame time will be no 
 fn>all lofs to our mother country, 
 
 being thereby prevented from vend- 
 ing a very confiderable quantity of 
 its manufactures." 
 
 Letters to the fame purport came 
 from all the colonies. 
 
 Extra ft of a letter from Kingfton, in 
 Jamaica, dated Jan. 27, 1765. 
 " Kingfton, which ufecl to be a 
 place of great trade and hurry, is 
 become as ftill as a defart, fince we 
 were fo wife to banifhour befl friends 
 the Spaniards, and now the current 
 of that valuable commerce is turned 
 in favour of the French and Dutch, 
 who have made their ports free, and 
 taking the advantage of our mifcon- 
 dudi, have promiled them fafety, 
 and fo deal with them for all the Eu- 
 ropean goods, upon the fame terms 
 the Engliih did. Were I to depend 
 on the fale of goods I had from you, 
 I mould not be able to remit the 
 money thefe two or three years." 
 Part of a letter from Jamaica to a 
 friend in London , dated May 12, 
 
 " We are in the moft deplorabl 
 ftate ever known in this ifland : that 
 channel through which all the money 
 we had came among us, is entirely 
 flopped up ; and, what is moft afto- 
 nifhing, is, that this meafure Ihould 
 be taken with you, who receive fo 
 much benefit from the encourage- 
 ment of it." 
 
 The Continental Colonies were 
 exceedingly offended. In feveral 
 places the inhabitants had meetings, 
 and they refolved, in refentment, 
 not to buy any cloathing they could 
 pollibly do without, that was not of 
 their own manufacturing. Several 
 aflbciations were formed, and it was 
 refolved, every where, to confume 
 as few Britifh manufactures as pofli- 
 ble ; and to fet about manufacturing 
 fome articles themfelvcs, the mate- 
 rials of which they had in gre;it 
 plenty of their own prodaivion. 
 
PRIOR DOCUMENTS, 
 
 JBoflon, (in New-England) March 
 30, 1765. Funerals without mourn- 
 ing, or thriving of Engjifh gloves, 
 is become fo fafhionable, that there 
 has been but one burial for many 
 months paft in the old faihion way. 
 We are much indebted to thofe pa- 
 triots who firft fet this example of 
 frugality, by which this town only 
 has made a faving laft year of near 
 lOjOOol. flerling. Other towns and 
 provinces have copied the example, 
 and experience its utility. It is a 
 pleafure to behold what other favings 
 are made by laying afide a multitude 
 of fuperfluous articles of Bridm ma- 
 nufactures and Britilh produce. 
 
 At the fame time (March 10, 
 1764) the Houfe of Commons re- 
 folved, that it was proper to charge 
 certain ftamp duties in the colonies 
 and plantations. 
 
 This refolution was not this year 
 followed by any bill, being only to 
 be held out as an intention, for next 
 year. It was propofed, and agreed 
 to, in a thin Houfe, late at night, 
 and jufl at the rifing, without any 
 debate. 
 
 The afiemblies of Maflachufetts- 
 Bav and New- York, were alarmed 
 at this refolution. They came to 
 feme refolutions upon it; which, 
 with a petition from each, to the 
 Houfe cf Commons, again! it, were 
 tranfmitted to the Board of Trade 
 in England. They were laid before 
 the Privy Council on the nth of 
 December, 1764. The Privy Coun- 
 cil advifed the King to lay them be- 
 fore Parliament. They were never 
 laid before Parliament they were 
 fupprefied. 
 
 in the fpring of 1765, the Ame- 
 rican agents in London were in- 
 formed by adminiflration, That if 
 the colonies would propofe any 
 other mode of raifing the fum in- 
 tended to be raifed by ilamp duties, 
 their propofaj would be accepted, 
 
 5 
 
 and the ftamp duty laid afide. (See 
 third volume o/Remembrancer, page 
 253). The agents faid they were 
 not authorized to give any anfwer, 
 but that they were ordered to op- 
 pofe the bill when it mould be 
 brought into the Houfe, by petitions 
 quellioning the right claimed by 
 parliament of taxing die colonies. 
 
 The bill laying a (lamp duty in 
 America, paifed in March 1765. 
 
 The following was printed at the 
 time as part of the Debates on the 
 bill : 
 
 Mr. Grenville, after fpeaking long 
 in favour of the bill, concluded with 
 faying, " Thefe children of our own. 
 planting (fpeaking of the Ameri- 
 cans) nouriihed by our indulgence, 
 until they are grown to a good de- 
 gree of ftrength and opulence, and 
 protected by our arms, will they 
 grudge to contribute their mite to 
 relieve us from the heavy load of 
 national expence, which we lie un- 
 der ?" 
 
 Colonel Barre replied, " Children. 
 planted by your care ! No ! your op- 
 preflion planted them in America ; 
 they fled from your tyranny ? into 
 a then uncultivated land, where 
 they were expofed to almoft all the 
 hardfhips to which human nature are 
 liable, and among others, to the 
 favage cruelty of the enemy of the 
 country, a people the moft fubtle, 
 and I take upon me to fay, the moft 
 truly terrible, of any people that 
 ever inhabited any part of GOD'S 
 EARTH ; and yet, actuated by prin- 
 ciples of true Englifh liberty, they 
 met all thefe hardfhips with pleafure, 
 compared with thofe they fuffered in 
 their own country, from the hands 
 of thofe that mould have been their 
 friends. 
 
 ". V&ey -nwrijhed up ly ycur indul- 
 gence ? They grew by your negleft 
 of them : as foon as you began to 
 care about them, that care was ex- 
 
 ercifed 
 
PRIOR DOCUMENTS. 
 
 ercifed in lending per/bus to rule 
 over them, in one department and 
 another, who were, perhaps, the 
 deputies of fome deputy, fent to fpy 
 cut their liberty, to mifreprefent 
 their actions, and to prey upon 
 them; men, whofe behaviour, on 
 many occafions, has caufed the 
 blood of thofe fons of liberty to re- 
 coil within them ; men promoted to 
 the higheft feats of juftice, fome, to 
 my knowledge, were glad, by go- 
 ing to foreign countries, to efcape 
 being brought to a bar of juilice in 
 their own. 
 
 " 9 r hey protected by your firms ? 
 They have nobly taken up arms in 
 your defence, have exerted their va- 
 lour amidft their conftant and labo- 
 rious indufiry, for the defence of 
 a country, whofe frontiers, while 
 drenched in blood, its interior parts 
 have yielded all its little favings to 
 your enlargement ; and believe me, 
 remember I this day told you jo , That 
 the fame fpirit which actuated that 
 people at firft, will continue with 
 them ftill ; but prudence forbids me 
 to explain myfelf any further. Gcd 
 knows, I do not at this time fpeak 
 from motives of party heat. How- 
 ever fuperior to me, in general 
 knowledge and experience, any one 
 here may be, yet I claim to know 
 more of America, having feen and 
 been more converfant in that coun- 
 try. The people there are as truly 
 loyal, I believe, as any fubjects the 
 King has ; but a people jealous of 
 their liberties, and who wiH vindi- 
 cate them if they mould be violated ; 
 but the fubject is delicate. I will 
 fay no more.'* 
 
 At the end of the fefiion, the King 
 faid to the Houfe of Commons, 
 " I have feen, with the moil per- 
 fect approbation, that you have em- 
 ployed this feafon of tranquility in 
 promoting thofe objects which I have 
 recommended to your attention, and 
 
 in framing fuch regulations as may 
 belt inforce the juit authority of the 
 legifiature, and, at the fame time, 
 fecure and extend the commerce, 
 and unite the intereils of every part 
 of my dominions." 
 
 The objections of the people of 
 America to the Hamp act, were of 
 three kinds. 
 
 Firft, The powers given by the act 
 to Vice- Admiralty courts in Ame- 
 rica, they faid, would prove ex- 
 ceedingly grievous to the fubject, 
 by the diftance of them ; and more 
 fo, by depriving the fubject of his 
 trial by jury, which was allowed in 
 England. 
 
 Secondly, Becnufe the ftamp duty 
 would entirely drain the colonies of 
 their fpecie. 
 
 Thirdly, Not being reprefented 
 in the Parliament of Great Britain, 
 that Parliament, they affirmed, had 
 no right to tax them. Themfelves 
 only were the proper, and beft 
 judges of their ability ; they claimed 
 a right to the exercife of this judg- 
 ment, and to the fole and exclu- 
 five right of impofing taxes upon 
 themfelves. 
 
 As foon as they were informed 
 the flamp act had pafled, the whole 
 continent of America was thrown 
 into a flame. 
 
 The province of Virginia took 
 the lead. On the 2pth of May, 
 1765, the Houfe of BurgefTes of 
 Virginia, came to the following re- 
 folutions : 
 
 Whereas the Honourable Houfe 
 of Commons in England, have of 
 late drawn into queftion, how far 
 the General Aflbmbly of this colony 
 hath power to enact laws for laying 
 taxes and impofing duties, payable 
 by the people of this, his Majefty'/s 
 moft ancient colony ; for fettling 
 and afcertaining the fame to all fu- 
 ture times, the Houfe of Burgefles 
 of this prefent General Aflembly 
 
 have 
 
PRIOR DOCUMENTS. 
 
 'have come to the feveral following 
 resolutions : 
 
 Refolded, That the firft adven- 
 turers and fettlers of this his Ma- 
 jefty's colony and dominion of Vir- 
 ginia, brought with them, and 
 tranfmitted to their pofterity, and 
 all other his Majefty's fubjefts fince 
 inhabiting in this his Majefty's co- 
 lony, all the privileges and immu- 
 nities that have at any time been 
 held, enjoyed, and pofleffed by the 
 people of Great Britain. 
 
 Refolded, That by the two royal 
 charters .granted by King James the 
 Firft, the 'colonifts aforefaid are de- 
 clared entitled to all privileges of 
 faithful liege and natural born fub- 
 jefts', to all intents and purpofes, 
 . as iif they had been abiding and 
 born within the realm of England. 
 Refclved, That his Majefty's liege 
 people of this his moll ancient co- 
 lony, have enjoyed the right of be- 
 ing thus governed by their own af- 
 fembly, in the article of taxes and 
 internal police, and that the fame 
 have never been forfeited, or any 
 other way yielded up, but have 
 been conftantly /ecognized by the 
 King and people of Great Britain. 
 Refolded, Therefore, that the 
 General Affemby of this colony, 
 together with his Majefty or his fub- 
 ftitute, have, in their reprefentative 
 capacity, the only exclufive right 
 and power to lay taxes and impo- 
 fitions upon the inhabitants of this 
 colony ; and that every attempt to 
 reft fuch a power in any perfon or 
 perfons whatfoever, other than the 
 General ArTembly aforefaid, is ille- 
 gal, unconftitutional, and unjuft, 
 and has a manifelt tendency to de- 
 llroy Britiihj as well as American 
 freedom. 
 
 *The following Refolves were not 
 faffed, only drawn up by tbe Com- 
 mittee, 
 
 Refolded, That his Majefty's liege 
 people, the inhabitants of this co- 
 
 lony, are not bound to yield obe- 
 dience to any law or ordinance 
 whatfoever, defigned to impofe any 
 taxation whatfoever upon them, 
 other than the laws and ordinances 
 of the General Aflembly aforefaid. 
 Re/ohed, That any perfon who 
 .fliall, by fpeaking or writing, main- 
 tain that any perfon or perfons, 
 other than the General AfTembly 
 of this colony, have any right or 
 power to impofe or lay any taxa- 
 tion whatfoever on the people here, 
 mail be deemed an enemy to thi* 
 his Majefty's colony. 
 
 The ftamp aft was printed and 
 cried about the ftreets at New York 
 by the title of The Folly of England, 
 and Ruin of America. On the i^th 
 of April, the guns at Philadelphia 
 were difcovered to be all fpiked up, 
 and on looking at thofe of the bar- 
 racks, they were found to be ferved 
 in the fame manner, to the great 
 furprize and uneaiinefs of the inha- 
 bitants. Letters arrived in London, 
 from Bofton, in New England, 
 dated the ift and 6th of April, ex- 
 preffing the alarm that the news of 
 the ftamp aft had thrown the people 
 into, the heart-burnings encreafed 
 during the fummer, and the New 
 York paper, in the beginning of 
 June, 1765, gave fufficient proofs 
 of the temper with which the colo- 
 nifts beheld the approach of the ift 
 of November, on which day the 
 aft was to take place. Letters of 
 the fame tenor came from Virginia, 
 dated in June, and from Philadel- 
 phia, of the fame date. 
 
 It was not the populace alone 
 who were difcontented, men of pro- 
 perty took the alarm. The Gene- 
 ral Aflembly of Virginia having 
 debated on the ftamp aft, come to 
 the preceding refolutions ; the Go- 
 vernor thought fit to diifolve them. 
 But when a new eleftion took place, 
 it did not feem to be competed of 
 
 men 
 
PRIOR DOCUMENTS. 
 
 men of more paflive principles, 
 fmce the electors excluded all thofe 
 members who did not a/lent to thofe 
 refolves, while thofe who did were 
 all re-elected. 
 
 At Bofton, in New England, 
 upon the meeting of the AfTembly, 
 Sir Francis Bernard, the Governor, 
 delivered the following fpeech to 
 them: 
 
 " Soon after my arrival to this 
 government, I formed in my mind 
 an idea of three improvements 
 which this country was capable of 
 making, profitable to itfelf and 
 convenient to Great Britain : I 
 mean pot-am, hemp, and the carry- 
 ing lumber to the Britiih markets. 
 They are all proper itaples for New 
 England, and muft be very accept- 
 able to Great Britain, as me is at 
 prefent fupplied with them from 
 foreigners, by a Jofing trade. 
 
 " I have already had the pleafure 
 to fee the firft of thefe eftabliihed 
 with effect, and wanting now no- 
 thing but care to preferve its cre- 
 dit, and prevent the general quality 
 of the goods, which is of a fuperior 
 kind, being rendered doubtful and 
 fufpicious, by the fraudulent prac- 
 tices of particulars. This is a ne- 
 ceffary caution at the commence- 
 ment of a new trade ; for upon its 
 firft reputation depends its future 
 fuccefs. There is already a law for 
 the regulation of this trade, but it 
 wants to be carried into execution ; 
 this I muft defire may be done this 
 feffion, as it is now becoming im- 
 mediately wanting. 
 
 " You have lately given a public 
 tefiimony of your defire to promote 
 the production of hemp ; I am 
 equally perfuaded of your good in- 
 tentions to the improvement of the 
 lumber trade ; as you muft be fen- 
 fible of the infufficiency of the pre- 
 fent markets for. the reception of the 
 great quantity of lumber which is 
 
 now produced, and which will bf 
 continually encreafmg. The .Par- 
 liament of Great Britain has already 
 given encouragement to the one ; 
 and it is hoped that it will alfo ex- 
 tend its bounty to the other. 
 
 " Thefe are proper objects of 
 your concern j works, which natu- 
 rally arife in youf own country, 
 ftrengthen your connection with 
 Great Britain, may eafily be con- 
 fined within yourfelves, and will 
 foon be fuperior to thofe of foreign 
 rivals. When thefe are added to 
 your own refources, they will form 
 a fund, which, with the blefling of 
 God, upon your induftry and fru- 
 gality, will be adequate to the ex- 
 pence of all neceffary imports ; and 
 you will have no occafion, as you 
 have hitherto Ihewn no difpofuion, 
 vainly to attempt to transfer manu- 
 factories from their fettled abode ; 
 an undertaking at all times difficult, 
 but, under the difadvantage of high- 
 priced labour, impracticable. 
 
 " The general fettlement of the 
 American provinces, which has been 
 long ago propofed, and now proba- 
 bly will be profecuted to its utmofl 
 completion, muft neceffarily pro- 
 duce fome regulations, which, from 
 their novelty only, will appear dif- 
 agreeable. But I am convinced, 
 and doubt not but experience will 
 confirm it, that they will operate 
 as they are defigned, for the benefit 
 and advantage of the colonies. In 
 the mean time a refpectful fubmif- 
 fion to the decrees of the Parlia- 
 ment, is their intereft, as well as 
 their duty. 
 
 "In an empire, extended and 
 diverfified as that of Great Britain, 
 there muft be a fupreme legiflature, 
 to which all other powers muft be 
 fubordinate. It is our happinefs 
 that the fupreme legiflature, the 
 parliament of Great Britain, is the 
 fanctuary of liberty and juftice ; and 
 
 that 
 
P&IOR DOCUMENTS. 
 
 that the prince, who prefides over 
 it, realizes the idea of a patriot 
 Xing. Surely then, we mould fub- 
 mit our opinions to the determina- 
 t ons of fo auguil a body ; and ac- 
 cjuiefce in a perfed confidence, that 
 the rights of the members of the 
 Britifli empire will ever be fafe in 
 the hands of the confervatbrs of the 
 liberty of the whole." 
 Extraft cf a letter from Eofton, in 
 
 Ne>iv England, Auguft 5, 1765. 
 
 ** As to public affairs, it would 
 take me up a week's time to write 
 all I could fay : as to the impofi- 
 tion of the (lamp ad, (which takes 
 place the ift of November) it will, 
 I believe, be of fhort continuance ; 
 for it is universally efteemed here as 
 arbitrary and undonllitutional. and 
 as a breach of charter and compact 
 
 between K and fubjed ; and 
 
 we think we have a right to refufe 
 fubmiffion to it. However, I be- 
 lieve moft of the (lamp matters will 
 be afraid to ad in fuch flation as 
 will ftab their country. 
 
 " We have two hundred thou- 
 fand inhabitants in this province, 
 find the others in proportion ; fo 
 that it is computed there? are about 
 two millions in the whole : from 
 hence you will think it is too late 
 in the day to be dragoon'd out of 
 our rights. 
 
 " i have been hers above fixteen 
 years, and I don't know of one fm- 
 gle man but would rifque his life 
 and property to fervc King George 
 the Third ; and would do the fame 
 to maintain his rights, liberty, and 
 property .-^Toiich our Birth -right, 
 and our body politick, l.ke the hu- 
 man body, feniibly feels it, and 
 would do its utmoll to fliake it off. 
 
 ' The Cuftom-houfe books will 
 ihcw, that 3000!. lefs h collected 
 fince the duty of molafles has been 
 three-pence, than when one penny: 
 your final 1 men of war have cut the 
 
 King's provifions in guarding the 
 coafts ; but have brought neither 
 profit nor cred.t to their employers." 
 
 Thefe difcontents were general ; 
 and they were encreafed b/ what 
 they ftiied an utter inability to j.ay 
 the tax in fpecie. 
 
 About the beginning of Aaguft, 
 t'le colonifh began feriouflyto think 
 of the ftepS they were to take. A 
 General Congrefs of reprefentatives 
 of all the Colonies, was agreed 
 on, to meet at New York. The 
 freemen of Providence, in Rhode 
 I'fland; were called together, " to 
 confer on fuch mealures, " as 
 * mould appear to them necef- 
 " fary, relative to the ft amp ai ; 
 <f whereby the liberties, the darling 
 " boail of the Englifli North Ame- 
 " rican fubjeds, which were once 
 ** deemed indefeafible, mull be 
 " greatly abridged, if not totally 
 " annihilated." And accordingly 
 they met, and appointed a com- 
 mittee to prepare luitable ir.ftruttions 
 to be given their reprefentatives, for 
 their conduct in the General Con- 
 grefs, on that occafion. Thefe in- 
 itruclions were prepared, and the 
 freemen being again convened the 
 next day, were laid before them, and 
 approved of. The fame iteps were 
 aifo taken by the province of South 
 Carolina. 
 
 The houfe of reprefentatives at 
 Bofton, refoJved, That the honour- 
 able James Otis, Thomas Ruggles^ 
 and Oliver Partridge, Efqrs. >e a 
 committe, to meet the committees 
 of the AJfimblies of the whole conti- 
 nent, at New York, October i, to 
 unite in a petition to his Majefty 
 and the Britifh parliament, for re- 
 lief under the infupportabie griev- 
 ance of the ilamp ad. This was 
 the firit Cong els of the American 
 Continent. 
 
 On the ioth of September, the 
 afiembly of Philadelphia, having 
 
 ^ , appointed 
 
PRIOR DOCUMENTS. 
 
 io 
 
 appointed a committee to attend at 
 the general congrefs at New York, 
 a letter from the fpeaker of the Maf- 
 fachufett's aflembly was read, and 
 the houfe came to the following re- 
 folutions on the queftions : 
 
 Firil, Whether the houfe are of 
 Opinion, that, in duty to their con- 
 itituents, they ought to remonftrate 
 to the crown againft the ftamp ad, 
 and other late acts of parliament, 
 by which heavy burdens have been 
 laid on the colonies. 
 
 Refolved in the affirmative. 
 - Secondly, Whether this houfe 
 will appoint a committee o three, 
 or more of their members, to attend 
 the congrefs propofed in the forego- 
 ing letter, to be held at New York 
 on the firit of October next, for the 
 purpofes therein mentioned. 
 
 Refolved in the affirmative 
 
 Extrafi of a letter from Bo/Ion, in 
 Ne<w England, Av.guft 26. 
 
 " Very arly on Wednefday 
 morning, the i4th inftant, were 
 difcovered hanging, on a limb of the 
 great trees, fo called, at the South 
 part of this town, two effigies, one 
 of which, by the labels, appeared 
 to be defigned to reprefent a ftanip 
 officer, the other a jack boot with a 
 head and horns peeping out of the 
 top* The report of the images foon 
 fpread through the town, brought 
 a vail number of fpeetators, and 
 had fuch an effect on them, that 
 they were immediately infpired with 
 a fpirit of enthufiafm, which diffufed 
 itfeif through the whole concourfe ; 
 fo much were they affected with a 
 fenfe of liberty, that fcarce any 
 could attend to the tafk of day-la- 
 bour. About dufk the images 
 were taken down, placed on a bier 
 (not covered with a meet, except a 
 fheet of paper which bore the in- 
 icription) fupported in pracelfion by 
 fix men, followed by a great con- 
 
 courfe of people, and in the greateft 
 order, echoing forth, Liberty and 
 Property ! No Stamp, &c. Having 
 paned through the town-houfe, they 
 proceeded with their pageantry down 
 King-ftreet, and thro' Kilby-ltreet, 
 where an edifice Jiad been lately 
 creeled, which was fuppofed to be 
 defigned for a ilamp-oliice. Here 
 they halted, and went to work to 
 demolifli that building, which they 
 foon effected, without receiving any 
 hurt, excepting one of the fpedla- 
 tors, who happened to be rather too 
 nigh the brick wall when it fell. 
 This being finiihed, many of them 
 them loaded themfelves with the 
 wooden trophies, and proceeded 
 (bearing the two effigies ) to the top 
 of Fort-hill^ where a fire was foon 
 kindled, in which one of them was 
 burnt. The populace after this went 
 to work on the barn, fence, garden, 
 &c. and here it would have ended, 
 had not fome indifcretions, to fay 
 the leaft, been committed by his 
 friends within, which fo enraged the 
 people they were not to be retrained, 
 though hitherto no violence had 
 been offered to any one. But it is 
 very remarkable, though they en- 
 tered the lower part of the houfe in 
 multitudes, yet the damage done to 
 it was not fo great as might have 
 been expected. 
 
 ~~~* c The next day the honourable 
 gentleman, who had been appointed 
 to the duty of diilributor of the 
 ftamps when they mould arrive, fup- 
 pofmg himfelf to be the object of 
 their deriiion, informed the prin- 
 cipal gentlemen of the town, that as 
 it appeared fo difagreeable to the 
 people, he mould requefl the liberty 
 of being excufed from that office ; 
 and in the evening the populace 
 re-affcmbled, erected a pyramid, 
 intending a fecond bonfire ; but 
 upon hearing of the refignation, 
 they defiftecl, and repaired to the 
 gentleman's 
 
PRIOR D O C U M 
 
 gentleman's gate, gave three cheers, 
 and took their departure without 
 damage ; but having heard it pro- 
 pagated that an honourable gentle- 
 man, at the north part of the town, 
 had been acceflary in laying on the 
 ftamp duties, &c, they repaired to 
 his houfe, where, upon being in- 
 formed by fome gentlemen of integ- 
 rity and reputation, that he had not 
 only fpoke, but wrote to the con- 
 trary, they retired, and having pa- 
 troled the ilreets, returned to their 
 refpeftive habitations, as quietly as 
 they had done the night before." 
 
 Ext raff of a letter from a gentleman 
 in Philadelphia^ to his friend in 
 Brijhl, Sept. 7, 1765. 
 
 " I make no doubt you have been 
 informed, by letters from your 
 friends, as well as by our public 
 news-papers, of the great commo- 
 tions throughout our colonies in ge- 
 neral, which daily increafe on ac- 
 count of the late ftamp aft for raifmg 
 money amongfl us : What adds to 
 oar uneafmefs is, that we hear our 
 brethren in England cenfure us fe- 
 verely, from a miftaken opinion that 
 we are unwilling to pay cur propor- 
 tion towards relieving the nation 
 from the heavy burden of debt it 
 now groans under. This is by no 
 means the cafe: We are, and al- 
 ways have been, ready and willing 
 to pay our yearly proportion of that 
 debt. What occaiions this general 
 uneafinef3 and commotion is,-7-ift. 
 That we are to be taxed by this aft, 
 without being reprefented on your 
 fide of the water, or being firft heard 
 for ourfelves. zd. That all the mo- 
 nies to be raifed by this aft are to be 
 remitted home to the King's Ex- 
 chequer in fpecie, and not by bills 
 of exchange, or any other remit- 
 tance. jd. That if any offence is 
 committed againlt the aft, the of- 
 fender, if the profecutor -chafes it, 
 
 IN T 5. II 
 
 is to be tried by a Court of Admi- 
 ralty. 
 
 " The i ft, the colonifts fay, is 
 an infringement on the rights and 
 privileges they have ever been en- 
 titled to, and enjoyed by their 
 Royal Charter. Had the govern- 
 ment at home fixed on any -particu- 
 lar fum to be yearly railed and paid 
 by them, and adjuiled their feveral 
 proportions, which they well know 
 how to do, and kft it to their feve- 
 ral afierablies to raife the money by 
 iuch ways and means as they iliouid 
 think moil eafy, it might have been 
 readily complied with. To the 2td, 
 it is impoiiible for the colonies to 
 raiie one fourth part of fo much fpe- 
 cie as their tax would amount to, as 
 they do not from all their trade im- 
 port it. Were the remittance to ba 
 made in bills of exchange, they 
 might poflibly make it by them. 
 This third article is fo great a ilride 
 to arbitrary power, and fo great a 
 violation and infringement on Eng- 
 lilh liberty, that no Englimman can 
 fubmit tamely to it. Why mould the 
 King's fubjedls on this iide of the 
 water be deprived of the liberty of 
 being tried by civil authority and 
 twelve honeft jurymen more than in 
 England? Were an attempt to be 
 made of this kind with you, every 
 Englimman who has the leaft fenfe 
 of his right of liberty would rife in 
 oppoiition ; and you may depend, 
 upon it, that unlels thefe three par- 
 ticulars are altered, the colonifts 
 will grow more and more uneafy." 
 
 In the midlt of thefe heats, Go- 
 vernor Eauquieur prorogued the Ge- 
 neral AfTembiy of Virginia, till the 
 i/th of Oftober; and Governor 
 Wentworth prorogued that of New 
 Hamplhire to the i9th of No- 
 vember (eighteen days after the 
 ftamp aft was to be in force). 
 
 Mr. Meflerve, the ftamp-o.Ticcr 
 for New Hamplliire, was furrouaded 
 
 C 2 fey 
 
PRIOR DOCUMENTS. 
 
 by abdve three hundred perfons (fe- 
 veral of whom were men of pro- 
 perty) and obliged to engage not to 
 aft in his ofRce. 
 
 At Providence, a Gazette Extra- 
 ordinary was publifhed, on the 24th 
 cf Auguft, with vox POPULI, vox 
 DEI, in large letters, for the fron- 
 tif piece ; and underneath, Where 
 the Spirit cf the. Lord is, there is Li- 
 berty. St. Paul. It congratulated 
 them on the fpirit of opposition that 
 had already been fnewn in divers parts 
 of North America; and went on in 
 thefe words : *' We have glorious ac- 
 counts from all parts, of the noble 
 fpirit of the people in the caufe of li- 
 berty," and concluded an addrefs to 
 the people of New England, thus: 
 " Let me draw towards a concluiion, 
 by obierving the umverfal fpirit 
 which now prevails thro' the colonies, 
 to take all lawful meafures to pre- 
 vent the execution of the ftamp aft 
 fyere. This laudable zeal hath buril 
 into a flame in Bofton, and the ex- 
 ertions of the people in that ancient 
 town, who have heretofore been 
 obliged to ftruggle for their liberties, 
 when infamouily attacked, as their 
 their hiftory mews, plainly indicate 
 that the fpirit of their fathers reft 
 upon them, and that they preferve 
 in their breafts the noble icnfations 
 cf freedom." 
 
 The flame now ran from province 
 to province, and the fpirit of oppo- 
 fition was almoft univerfal ; Mr. In- 
 gerfoll, ftamp officer of Connecticut, 
 had fent to Wyndham to a perfon 
 whom he had appointed to be his 
 deputy, to come to him at New Ha- 
 ven, to receive his commiifion ; but 
 the inhabitants at Wyndham, having 
 knowledge of the letter he had re- 
 ceived, furrounded his houfe, de- 
 manded the letter from him, and 
 warned him not to accept the cilice, 
 which fo terrified him, that the very 
 fame poft he fent back an abfolute 
 
 refufal of taking the charge upon 
 him. 
 
 The fame fate awaited his princi- 
 pal at New Haven, whofe reiigna- 
 tion of the place of ftamp officer was 
 printed in the Bofton Poft Boy of 
 Aug. 24, in the following words : 
 
 To the good People o/C ONNECTICUT. 
 
 " When I undertook the office of 
 difti ibutor of (lamps for this colony, 
 I meant a icrvice to you, and really 
 thought vcu would have viewed it 
 in that light, when you came to un- 
 derftand the nature of the ftamp aft, 
 and that of the office ; but fmce it 
 gives you fo much uneafinefs, you 
 may be aflured, if I find (after the 
 aft takes place, which is the firft of 
 November) that you ihall not incline 
 to purchafe or make ufc of any 
 ftampt paper, I ihall not force it 
 upon yea, nor think it worth my 
 while to trouble you or myfelf with 
 any exercife of my office ; but if by 
 that time I ftiall find you generally 
 in much need of the ftampt paper, 
 and very anxious to obtain it, I mail 
 hope you will be willing to receive 
 it of me (if I ihall happen to have 
 any) at leaft until another perfon 
 mere agreeable to you can be ap- 
 pointed in my room. 
 
 " I cannot but wi,fh you would 
 think more how to get rid of the 
 Jlamp act^ than of the officers who 
 are to fupply you with paper, and 
 that you had learnt more of the na- 
 ture of my office before you had un- 
 dertaken to be fo very angry at it." 
 
 Atfw Haven, T T 
 
 . T. INGERSOLL. 
 
 Jug. 1765. 
 
 This refign?tion was much ap- 
 plauded, but fjems rather to have 
 j^een the efFtft of fear, than a hearty 
 defirp of complying with the temper 
 of the times ; for, when the people 
 ailembled round his houfe, and de- 
 manded, whether he intended to aft 
 in that office, or reiign, he an- 
 
 fwered, 
 
PRIOR DOCUMENTS. 
 
 fwered, that as he had accepted the 
 office in perfon, he did not think he 
 had power to refign. Th~y next de- 
 manded whether, when the flampt 
 paper arrived, he would deliver it to 
 them, to make a bonfire ? Or 
 have his houfe pulled down. To 
 this queftion he ftroye to evade giv- 
 ing an anfwer, by defiring them to 
 wait the meeting of the aflembly, 
 and feveral other pretences ; but 
 when he found all unavailing, he 
 then promifed, " that when they 
 arrived, he would either re-fhip 
 them to be fent back ; or, when 
 they were in his houfe, he would 
 leave his doors open, that they might 
 then act as they thought proper ; this 
 fatisfied them, and they difperfed ; 
 and the above advertisement appear- 
 ed in the paper. 
 
 On the z6th of Auguft, about 
 twilight, a fmall bonfire was kindled 
 in King-ftreet, Boilon, and fur- 
 rounded only by a few boys and 
 children ; but when the fireward 
 .endeavoured to extinguifh it, he 
 was whifpered, by an unknown 
 perfon, to defill ; which he not re- 
 garding, received a blow on his 
 arm, and fuch other marks of dif- 
 pleafure, as obliged him to with- 
 draw. But prefently after a parti- 
 cular whittle and whoop was heard 
 from feveral quarters, which in- 
 flantly drew together a great num- 
 ber of perfons, difguifed, and armed 
 with clubs, flicks, &c. who a/Tanked 
 the houfe of William Story, Efq; 
 deputy regifter of the Vice-Admi- 
 ralty, oppofite the north fide of the 
 Court-Houfe, the lower part of 
 which, being his office, was broke 
 open, the files and public records 
 of that court were feized, and con- 
 demned to the flames. 
 
 This did not take up half an 
 hour, when they rufhed onwards 
 (encreafmg iiruieir numbers) to the 
 
 new-built houfe of Benjamin Hallo- 
 well, jun. Efq; the furniture of 
 which they deftroyed. About ten 
 o'clock, they attacked the houfe of 
 the Lieut. Governor, which, in a 
 few hours, they flript of its furni- 
 ture ; and even his apparel, books, 
 c. were deilroyed. After which 
 they difperfed. 
 
 The next morning was the time 
 for holding the afiize and the fu- 
 preme court of judicature, when the 
 chief jullice was obliged to attend 
 in his only fuit, while the gentle- 
 men of the bench and bar were in 
 their refpeclive robes. But the chief 
 inhabitants were very ftrenuous to 
 diitinguifh " that tumultuous and 
 outrageous behaviour, from a truly 
 noble oppofition to the imposition of 
 internal taxes, without the inter- 
 vention of the refpeclive legiilatures 
 of the colonies.'* The peace and 
 good order of the town was reflored, 
 and preferved by a nightly military- 
 watch, and feveral perfons were 
 apprehended and committed to goal, 
 on fufpicion of being concerned in 
 the late riots. 
 
 It is proper to remark, that the, 
 outrages on the 26th were not only 
 difavowed by the reputable part of 
 the inhabitants, but, on a fhort 
 notice, they met at Fanueil-hall in 
 great numbers, and teiUfied their 
 utter detertation of the extraordinary 
 and violent proceedings of the un- 
 known perfons the preceding night; 
 and they unanimoufly voted " That 
 the feled men, and magiflrates of 
 the town, be defired to ufe their 
 utmofl endeavours, agreeable to law, 
 to fupprefs fuch diforders for the 
 future; and that the freeholders, 
 and other inhabitants, will do every 
 thing in their power te affifl them 
 therein." The next day a procla- 
 mation was publifhed by the gover- 
 nor, offering a reward of 300!. for 
 th, difcovery of any of the ring- 
 leaders, 
 
PRIOR DOCUMENTS. 
 
 leaders, and lool. for any of the 
 iother perfons concerned in that riot. 
 
 On Tuefday the 27th of Auguft 
 (for, as if it had been previoufly 
 concerted, the commotions through- 
 out the provinces all happened with- 
 in a few days of each other) about 
 nine o'clock in the morning, the 
 people of Newport, in Rhode Ifland, 
 brought forth the effigies of three 
 perfons, in a cart, with halters 
 about their necks, to a gallows, 
 twenty feet high, placed near the 
 Town-houfe, where they were hung 
 to public view till near night, when 
 they were cut down, and burnt un- 
 der the gallows, amidft the accla- 
 mations of thoufands. 
 
 The next evening they aflembled 
 again, and befet the houfe of Mar- 
 tin Howard, jun. Efq; the furni- 
 ture, &c. thereof they burnt and 
 deilroyed, as they did next that of 
 Dr. Thomas MofFat, leaving the 
 houfes mere lliells. They then pro- 
 ceeded towards the houfe of Auguf- 
 tus Johnflon, Efq; who had been 
 appointed ftamp-mafter for Rhode 
 Ifland, but were met and parleyed 
 with by a gentleman, who, telling 
 them the houfe was not Mr. John- 
 lion's property, they delifted from 
 any farther attempts, but infilled 
 that Mr. Johnfton's effects fhould 
 be delivered to them next day, 
 unlefs he would refign his place, 
 which he did on his coming to town 
 next day, in the following terms, 
 and then they difperfed : 
 
 ^To . the Inhabitants of the to-tun of 
 
 Newport, 
 jGentlemen, 
 
 e< As I find my being appointed 
 the {lamp-officer of this colony has 
 irritated the people of this town 
 againfl me, though the office was 
 beftowed on me unafked and un- 
 thought of; and being willing, as 
 far as it is in my power, to reftore 
 
 tranquility to the town, do engage, 
 upon my honour, that I will not ac- 
 cept of the faid office, upon any 
 terms, unlefs I have your confent 
 for the fame. 
 
 AUGUSTINE JOHNSTON." 
 ^ Auguft 29, 1765. 
 
 On thefe outrages, Mr. Howard 
 and Mr. MofFat, finding the refent- 
 ment of the people was very high 
 againil them, and fearing their per- 
 fons would not be fafe in Newport, 
 took fhelter in the Signet* man of 
 war, and foon after departed for 
 Great Britain. 
 
 On the loth of September, the 
 flamp papers for the ufe of the New 
 England Government, arrived at 
 Boilon ; of which the Governor in- 
 formed the Aflembly in the follow- 
 ing fpeech : 
 
 Gentlemen of the Council and Gentle- 
 men of the Houfe of Reprefentati~ues t 
 
 " A fhip is arrived in the har- 
 bour with flamped papers on board 
 for the King's ufe in this province, 
 and alfo with other flamped papers 
 for the like ufe for the province of 
 NewHampfhireand colony of Rhode 
 Ifland ; as Mr. Oliver has declined 
 the office of diftributor of flamped 
 papers, and cannot fafely meddle 
 with what are arrived, the care of 
 them devolves to this government, 
 as having a general c arge of the 
 King's intereft within it. I have 
 already laid this matter before the 
 Council, and they refer it to a Ge- 
 neral Court ; I therefore now apply 
 to you jointly to defire your advice 
 and affiitance, in order to preferve 
 the Jlamped papers defigned for thi* 
 government, being the King's pro- 
 perty, of very confiderable value, 
 fafe and fecure for his Majefly's fur- 
 ther orders. I mufl alfo defire you 
 at the fame time to confider of the 
 like prefervative of the flamped pa- 
 pers defigned for New Hampmire 
 
 and 
 
PRIOR DOCUMENTS. 
 
 and Rhode Ifland, if the diftributors 
 appointed for thofe governments 
 fhouid decline to have the charge of 
 them, and in fuch cafe the care of 
 them will devolve to this govern- 
 ment, equally with others." 
 
 To which the AfTembly replied. 
 
 May it pleafe your Excellency, 
 " The Houfe having given all 
 due attention to your Excellency's 
 meffage of this day, beg leave to 
 acquaint your Excellency, that the 
 ftamped papers mentioned in your 
 mefTage are brought here without 
 any dire&iona to this government : 
 it is the fenfe of the Houfe, that it 
 may prove of ill confequence for 
 them any ways to intereft themfelves 
 in this matter ; we hope therefore 
 your Excellency will excufe us, if 
 we cannot fee our way clear enough 
 to give you any advice or afiiftance 
 therein." 
 
 The General AfTembly having 
 thus declined to interfere in the di- 
 reclion of the ftamp paper, the Go- 
 vernor again applied to the Council, 
 who adviled him to lodge the ftamp 
 papers in the Caftle ; but various re- 
 ports having been fpread concerning 
 this meafure, his Excellency on the 
 firft of October made the following 
 fpeech to the Council : 
 Gentlemen, 
 
 " I have been informed that it is 
 reported about the town, that the 
 ftamped papers are to be lodged in 
 the Caftle, there to be unpacked 
 and diftributed. I have frequently 
 in converfation fhewn the abfurdity 
 of fuch a fuppofition ; but as what 
 I have faid is perhaps not much 
 known, I make this declaration to 
 you : That I have no warrant, or- 
 der, or authority whatfoever, to dif- 
 tribute the ilamped papers, or to un- 
 pack the bales, or feparate the par- 
 eels, or order any perfon whafcfoever 
 
 fo to do ; that it cannot be conceived 
 that I fhouid be fo imprudent as to 
 undertake a bufinefs to which I have 
 no appointment, and make myfelf 
 anfwerable for large fums of money, 
 the receipt of which I cannot attend 
 to, and have no power to diredl or 
 order : What I have done in purfu- 
 ance of your advice, in ordering the 
 ftamped papers to be depofited in 
 the Caftle, and there to be defended 
 with all the force of that fortrefs, 
 was to preferve them entire and un- 
 packed for his Majefty's ufe. la 
 this I have had two things in view, 
 to prevent imprudent people com- 
 mitting an high infult upon the 
 King, an indignity which would be' 
 fure to meet with particular refent- 
 ment ; and to fave the town or pro- 
 vince, as it may happen, from be- 
 ing made anfwerable for fo great a 
 fum as the value of the ftamped pa 
 pers will amount to ; as they cer- 
 tainly will be, if the ftamped papers 
 fhouid be taken away. In provid- 
 ing againft thefe two evils, furely 
 we are endeavouring to do the town 
 and province real and important fer- 
 vice, whatever people, in their pre- 
 fent temper, may tnink." 
 
 " His Excellency having made 
 the foregoing declaration to the 
 Board, they lignified their unani- 
 mous defire to his Excellency, that 
 he would permit the fame to be pub- 
 liihed; and his Excellency there- 
 upon gave permilTion for publiihing 
 the fame accordingly." 
 
 A. OLIVER, Sec. 
 
 About this time the following 
 advertifement appeared in the New- 
 York Gazette : 
 
 To McjTrs. GREEN Z/?</RIND. 
 
 Gentlemen, 
 
 " I am informed that the ftamp- 
 law takes place the firit day of No- 
 vember next ; I therefore hereby 
 give noiLe to ail officers whatfoever 
 
 that 
 
PRIOR DOCUMENT! 
 
 that may 1 be appointed by virtue of 
 that moft grievous and unconilitu- 
 tional aft (to prevent them trouble) 
 that I will pay no tax whatever, but 
 what is laid upon me by my repre- 
 fentatives. I am, gentlemen, 
 Your humble fervant, 
 
 BENJAMIN WELSH," 
 
 While the colonies mewed the 
 ftrongelt marks of diflike to thofe 
 whom they fuppofed to be the pro- 
 moters of the ilamp*at, they were 
 as ih-piigin their marks of approba- 
 tion of thofe who had oppofed its 
 paiTmg. On the i8th of Septem- 
 ber, at a meeting of the freeholders 
 and inhabitants of Bolton, a com- 
 mittee of feven gentlemen was chofeu 
 "to draw up and tranfmit to Mr. 
 Secretary Con way and Colonel Ifaac 
 Barre, feveral addrefles of thanks 
 for their patriotic fpeeches in parlia- 
 ment, in favour of the rights and 
 privileges of the colonifts ; and to 
 defire correct copies thereof to be 
 placed among their moil precious 
 archives." And they voted the pic- 
 tures of thofe gentlemen to be placed 
 in their Town-hall. 
 
 On Saturday, Sept. 2 1 , there was 
 published a new news-paper in Ame- 
 rica, under the following title, 
 " The CONSTITUTIONAL Cou- 
 RANT, containing matters intereft- 
 ing to Liberty, and no ways repug- 
 nant to Loyalty :" It had an emble-, 
 znatical head-piece, of a fnake cut 
 into feveral pieces, on each of which 
 were the initial letters of the names 
 of the feveral colonies, and over it, 
 " JOIN OR DIE" in large letters, 
 and the imprint was, " Printed by 
 Andrew Marvel, at the fign of the 
 Bribe rcfufed, on Cotiftituiion-hill, 
 North America." 
 
 The 25th of September the Ge- 
 neral Aflembly of the province at 
 MaiTachufett's-Bay, ia New Eng- 
 
 land, met at Bofton, when his E*J 
 cellency Francis Bernard, Efq; Go- 
 vernor of the faid province, made 
 the following fpeech to them : 
 
 Gentlemen of the Council, and Gentle- 
 nun of the Houfe ofReprefuntativet, 
 
 " 1 have called you together at 
 this unufual time, in pursuance of 
 the unanimous advice of a very full 
 Council, that you may take into 
 confideration the p relent ftate cf the 
 province, and determine what is ta 
 be done at this difficult and danger- 
 ous conjuncture. I need not recount 
 to you the violences which have 
 been committed in this town, nor 
 the declarations which have been 
 made and ftill fubfill, that the act 
 of parliament for granting ftamp- 
 duties in the Britiih colonies mall 
 not be executed within this province. 
 The ordinary executive authority of 
 this government is much too weak 
 to contradict fuch declarations, or 
 oppofe the force by which they are 
 fupported : It has therefore been 
 found neceflary to call the whole le- 
 giflative power in aid of the execu- 
 tive government. From this time 
 this arduous bufinefs v/ill be put inta 
 your hands, and it will become a 
 provincial concern. 
 
 " Upon this occafion it is my duty 
 to ftate to you what will probably be 
 the confequences, if you mould fuffer 
 a confirmed difobedience of this aft 
 of parliament to take place. I am 
 feniible how dangerous it is to fpeak 
 out at this time, and upon this fub- 
 jecl ; but my ftation will not allow 
 me to be awed or reft-ained in what 
 I have to fay to the General Court ; 
 not only my duty to the King, but 
 my duty to the Province, my love 
 to it, my concern for it, oblige me 
 to be plain and explicit upon this 
 occafion. And I hope no advocate 
 for liberty will violate that eflcntiai 
 conftitutional right, freedom of 
 fpeech in the General Affembly. 
 
 " As 
 
PRIOR DOCUMENTS. 
 
 *' As I defire not to dictate to you, 
 and would avoid all appearance of it, 
 I fhall refolve what I have to recom- 
 mend to your coniideration into mere 
 queilions, and avoid aflertions of my 
 own in matters which are doubtful. 
 I mall not enter into any difquifition 
 of the policy of the aft : it has never 
 been a part of my bufinefs to enter 
 into any judgment of it; and as I 
 have not hitherto had any opportu- 
 nity to exprefs any fentiments of it, 
 I mall not do it now. 1 have only 
 to fay, that it is an act of the parlia- 
 ment of Great Britain, and as fuch 
 ought to be obeyed by the fubjects of 
 Great Britain. And 1 trult that the 
 fupremacy of that parliament, over 
 all the members of their wide and 
 diffufed empire, never was, and never 
 will be denied within thefe walls. 
 
 " The Right of the parliament of 
 Great Eritian to make laws for the 
 American colonies, however it has 
 been controverted in America, re- 
 mains indifputableat Weilminfler. If 
 it is yet to be made a quellion, who 
 mall determine it but the parliament ? 
 If the parliament declares that this 
 right is inherent in them, are they 
 like to acquiefce in an open and 
 forcible oppofition to the exercife of 
 it ? Will they not more probably 
 maintain fuch right, and fupport 
 their own authority ? Is it in the will 
 or in the power, or for the interefl 
 of this province to oppofe fuch au- 
 thority ? If fuch oppofition fliould 
 be made, may it not bring on a con- 
 tell, which may prove the mod de- 
 trimental and ruinous event which 
 could happen to this people ? 
 
 " It is faid, that the gentleman 
 who oppofed this act in the Houfe 
 of Commons, did not diipute the 
 authority of parliament to make 
 fuch a law, but argued upon the 
 inexpediency of it at this time, and 
 the inability of the colonies to bear 
 fuch an impofition. Thefe are two 
 
 dillinct queilions, which may receive 
 different anfwers. The power of 
 the parliament to tax the colonies 
 may be admitted, and yet the expe- 
 diency of exercifing that power at 
 fuch a time, and in fuch a manner, 
 may be denied. But if the queflions 
 are blended together, fo as to admit 
 of but one anfvver, the affirmative of 
 the right of parliament will conclude 
 for the expediency of the act. Con-, 
 fider therefore, gentlemen, if yen 
 found your application for relief 
 upon denying the parliament's right 
 to make fuch a law, whether you 
 will not take frem your friends and 
 advocates the ufe of thofe arguments, 
 which are moil Jike to procure the 
 relief you defire ? 
 
 " You, Gentlemen of the Houfe 
 of Reprefentatives, have propofed a 
 congrefs of committees from the re- 
 prefentatives of feveral colonies, to 
 confider of a general, united, duti- 
 ful, loyal and humble reprefentation 
 which you have propofed ? Will the 
 denying the power and authority of 
 the King and Parliament, be the 
 proper means to obtain their favour ? 
 If the parliament mould be difpofed 
 to repeal this act, will they probably 
 do it whilil there fubfifts a forcible 
 oppofition to the execution of it ? Is 
 it not more probable, that they will 
 require a fubmiflion to their authority 
 as a preliminary to their granting 
 you any relief? Confider then, 
 whether the oppofition to the exe- 
 cution of the act has not a direct ten- 
 dency to defeat the meafures you 
 have taken to procure a repeal of it, 
 if you do not interpofe to prevent it. 
 
 " By this act, all papers which 
 are not duly llamped are to be null 
 and void ; and all perfons who mall 
 fign, engrofs, or write any fuch pa- 
 pers, will forfeit, for each fact, ten 
 pounds. If therefore ilamps are not 
 to be ufed, all public offices muft be 
 ihut up : for it cannot be expected, 
 
 D that 
 
f R 
 
 IOR DOCUMENTS. 
 
 that any officer mould incur penal- 
 ties much beyond all he is worth, 
 for the fake of doing what muft be 
 null and void when it is done. I 
 would therefore defire you to confuler 
 what effects the flopping two kinds 
 of offices only, the Courts of Juflice 
 and the Cuilom-houfes, will have 
 upon the generality of the people. 
 When the Courts of JufHce are mut 
 up, no one will be able to fue for 
 a debt due to him. Muft not then 
 all credit and mutual faith ceafe of 
 courfe, and fraud and rapine take 
 their place ? Will any one's perfon 
 Or property be fafe, when their fole 
 protector, the law, is debafed to 
 acl ? Muft not the hand of violence 
 be then let loofe, and force of arms 
 become the only governing power ? 
 It is eafy to form an adequate idea 
 of a ftate of general outlawry : And 
 may not the reality exceed the worft 
 idea you can form of it ? 
 
 *' If trade and navigation mall ceafe 
 by the fhutting up the ports of this 
 province for want of legal clearances ; 
 are you fure that all other ports which 
 can rival thefe will be fnut up alfo ? 
 Can you depend upon recovering 
 your trade again entire and undi- 
 minimed, when you mall be pleafed 
 to refume it? ^Can the people of 
 this province fubfift within naviga- 
 tion for any long time ? What will 
 become of the feamen who will be 
 put out of employment ? What will 
 become of the tradefmen who imme- 
 diately depend upon the navigation 
 for their daily bread ? Will thefe 
 people endure want quietly without 
 troubling their neighbours ? What 
 will become of the numberlefs fa- 
 milies which depend upon fifhery ? 
 Will they be able to turn the pro- 
 duce of their year's work into the 
 neceffaries of life without naviga- 
 tion ? Are there not numberlefs 
 other families who do not appear 
 immediately concerned in trade, 
 
 and yet ultimately depend upon it? 
 Do you think it pofiible to provide 
 for the infinite chain of the depen- 
 dants upon trade, who will be 
 brought to want by the Hopping of 
 it ? It is certain that this province 
 has a flock of provifions within it- 
 felf fufficient for all its inhabitants, 
 without the ufual imports ? If there 
 mould be a fufficiency in general, 
 can it be diilributed among all the 
 individuals without great violence 
 and confufion ? In fhort, can this 
 province bear a cefTation of law and 
 juftice, and of trade and navigation, 
 at a time when the bufinefs of the 
 year is to be wound up, and the 
 fevere feafon is haftily approaching ? 
 Thefe are ferious and alarming 
 queftions, which deferve a cool and 
 difpaffionate confideration. 
 
 " I would not willingly aggra- 
 vate the dangers which are before 
 you : I do not think it very eafy to 
 do it : This province feems to me 
 to be upon the brink of a precipice ; 
 and that it depends upon you to pre- 
 vent its falling. Poffibly I may fear 
 more for you than you do for your-r 
 felves ; but in the Situation you now 
 ftand, a fight of your danger is ne- 
 ceiTary to your prefervation ! and it 
 is my bufinefs to open it to you. 
 But I do not pretend to enumerate 
 all the evils which may poffibly hap- 
 pen ; feveral, and fome of no little 
 importance, will occur to you, tho* 
 they have been omitted by me. In 
 a word, gentlemen, never were your 
 judgment and prudence fo put to a 
 trial, as they are like to be upon the 
 prefent occafion. 
 
 " I am aware that endeavours 
 have been, or may be ufed, to lefTen 
 my credit with you, which I have 
 hitherto always ftudied to improve 
 to the advantage of the province. 
 Violences feldom come alone : The 
 fame fpirit which pulls down houfes 
 attacks reputations, The beft men 
 
PRIOR DOCUMENTS. 
 
 in the province have been much in- 
 jured in this way; I myfelf have 
 not efcaped this malignity. But I 
 mall not lower myfelf fo as to an- 
 fwer fuch accufers r To you I mail 
 always owe fuch explanations as mail 
 be neceffary to the improvement of 
 a good underftanding between us. 
 However, I will take this opportu- 
 nity to declare publicly, that ever 
 fince I have fat in this chair, I have 
 been conftantly attentive to the true 
 Interells of this province, according 
 to the belt of my underftanding, and 
 have endeavoured to promote them 
 by all means in my power. The 
 welfare of this people is ftill upper- 
 moll in my heart : and I believe no 
 man feels more for them than I do 
 at this prefent time. 
 
 Gentlemen of the Houfe of Reprefen* 
 
 tatives, 
 
 " I mult recommend you to do 
 an a6l of julHce, which at the fame 
 time will reflect credit upon your- 
 felves ; I mean to order a compen- 
 fation to be made to the fufferers by 
 the late dreadful difturbances. Their 
 lofies arc too great for them to fit 
 down with ; one of them amounts 
 to a very large fum. You mull be 
 fenfible that it will be expected that 
 thefe damages be made good ; and 
 it will be better for you to do it of 
 your own accord before any rcquifi- 
 tion is made to you. An eilimate 
 of thefe damages is made by a com- 
 mittee of the council, purfuant to 
 order, which will be laid before you. 
 
 Gentlemen, 
 
 " I am fenfible of the difficulty of 
 the part you have to act ; it may not 
 be fufficient for you to be convinced 
 of a fubmiffion to the law for the pre- 
 fent, unlefs the fame conviction mall 
 be extended to the people in gene- 
 ral. If this mould be fo, I can only 
 defire vou to ufe all means to make 
 
 yourfelves well acquainted with the 
 exigency of the prefent time ; and if 
 you lhall be periuaded that a difobe- 
 dience of the aft is productive of 
 much more evil than a fubmiffion to 
 it can be, you mull endeavour to 
 convince your conflituents of the 
 truth of fuch perfuanon. In fuch 
 cafe I mall readily grant you a re- 
 cefs for a fufficient time ; and I mail 
 be ready to concur with you in all 
 other legal meafures to provide for 
 the fafety of the people in the bed 
 manner. 
 Council Chamber, 
 
 Sept. 25, 1765. 
 
 FRA. BERNARD." 
 
 The Houfe of Reprefentatives im- 
 mediately appointed a committee to 
 prepare an addrefs in anfwer to his 
 Excellency's fpeech, and the draught 
 was to have been reported the 28th ; 
 on the preceding day, both the 
 houfes of afiembly received the afto- 
 nifhing, fudden, and unexpected 
 meflage to adjourn to the zjd of 
 October. 
 
 The 26th of September the hon. 
 Thomas Finch, Efq; governor of 
 Connecticut, ifiued a proclamation, 
 " requiring all officers, civil and 
 military, to ufe their utmofl endea- 
 vours for preventing and fuppreffing 
 all riots and tumultuous aflemblies :" 
 but fo great was the dread of the 
 peoples refentment, that William 
 Storey, Efq; refigned his office of 
 deputy-regiiler of the court of Vice- 
 Admiralty ; as fome days before, 
 William Cox, Efq; had refigned his 
 oflice as ilamp-mailer for New-Jer- 
 fey. 
 
 About the fame time, fourteen 
 boxes more of ilampt paper arrived 
 at Bofton for the ufe of that pro- 
 vince ; and of New Hampshire and 
 Rhode i Hand ; but the ihips that 
 brought them were obliged to be 
 guarded in by a man of war (loop 
 and a cutter, and brought to under 
 D 2 the 
 
PRIOR DOCUMENTS. 
 
 20 
 
 the protection of the guns of the 
 caftle. 
 
 The inhabitants of Connecticut 
 not being fully fatisfied with the firll 
 declaration of 1 Mr. Ingerfoll, a great 
 number of the inhabitants from the 
 eaflern parts of the province came on 
 horfeback to Hartford on the i8th 
 of September, and declared they 
 were on their way to Newhaven, to 
 demand of Mr. Ingerfoll a total re- 
 iignaticn of his office, as wereallb a 
 number of their companions on the 
 lower roads, who were all to rendez- 
 vous at Brentford the next day ; they 
 then feparated to get lodgings in 
 Hartford for that night. In the 
 evening they received information 
 that Mr. Ingerfoll was to be in town 
 the next day, to apply to the afiem- 
 bly for protection ; but left he mould 
 come in the night, to fhun them, 
 they kept a patrole in the ftreets all 
 that night to prevent his coming 
 unnoticed ; but he not arriving the 
 next morning, the whole body fet 
 off, and in about an hour met Mr. 
 Ingerfoll at the lower end of We- 
 t'.iersiield, and told him their bufi- 
 nefs, when, after many evafions and 
 debates, he read his refignation to 
 the multitude, who defired him to 
 cry out Liberty and Properly three 
 times, which he did ; and they re- 
 turned three loud huzzas. Mr. In- 
 gerfoll then went and dined at the 
 tavern with many of the company, 
 .and a party of about five hundred 
 efcorted him to Hartford, where he 
 again publicly read his refignation, 
 which they again applauded with 
 three huzzas, and then they all dif- 
 perfed without any diiturbance; His 
 refignation was as follows : 
 
 Wethersiield, Sept. o, 1765. 
 e I do hereby promile, that I 
 will never receive any {tamped pa- 
 pers, which may arrive from Ku- 
 ror e, in confequence of an aft lately 
 f ailed in the parliament of Great 
 
 Britain, nor officiate in any manner 
 as ftamp-mafter, or diflributor of 
 {lamps, within this colony of Con- 
 neclicut, either directly or indirectly. 
 And I do hereby notify to all the in- 
 habitants of his Majefty's colony of 
 Connecticut, (notwithitanding the 
 faid office or truft has been com- 
 mitted to me) not to apply to me, 
 ever after, for any fuch ilamped pa- 
 pers, hereby declaring, that I do re- 
 fign the laid office, and execute thefe 
 prefents of my own free will and ac- 
 cord, without any equivocation, or 
 mental refervation. 
 
 In witnefs whereof I have here- 
 unto fet my hand, 
 
 * J. INGERSOLL." 
 
 In Philadelphia, the houfe of af- 
 fembly met on the 21 ft of Septem- 
 ber, and came to the following re- 
 folutions : 
 
 " The Houfe taking into confi- 
 deration, that an aft of parliament 
 has lately pafTed in England, for 
 impofmg certain ftamp duties, and 
 other duties on his Majefty's fubjects 
 in America, whereby they conceive 
 fome of their mofl effential and va- 
 luable rights, as Britim fubjects, to 
 be deeply affected, think it a duty 
 they owe to themfelves, and their 
 polterity, to come to the following 
 refolutions, viz. 
 
 Refolved, N. C. D. That the 
 affemblies of this province hay, 
 from time to time, whenever requi- 
 iitions have been made by his Ma- 
 jcity, for carrying on military ope- 
 rations for the defence of America, 
 moil: chearfully and liberally con- 
 tributed their lull proportion of men 
 and money for thole fcrvices. 
 
 Refolved, N, C. D. That when- 
 ever his Majeily's fervice lliall, for 
 the future, require the aids of the 
 inhabitants of this province, and 
 they mall be called upon for that 
 purpofe, in a CONSTITUTIONAL 
 WAY, it will be their inciifpsnfable 
 
 duty 
 
PRIOR DOCUMENTS. 
 
 duty moft chearfully and liberally to 
 grant to-his Majefty their proportion 
 of men and money, for the defence, 
 fecurity, and other public fervices 
 of the Britilh American colonies. 
 
 Refolved, N. C. D. That the 
 inhabitants of this province are in- 
 titled to all the rights and privileges 
 of his Majeity's fubje&s in Great 
 Britain, or eliewhere ; and that the 
 conftitution of government in this 
 province is founded^ on the natural 
 rights of mankind, and the noble 
 principles of Englifli liberty, and 
 therefore is, or ought to be, per- 
 fectly free. 
 
 Refolved, N. C. D. That it is 
 the inherent birth-right, and indu- 
 bitable privilege of every Britiih fub- 
 jec~t, to be taxed only by his own 
 confent, or that of his legal repre- 
 fentotives, in conjunction with his 
 Majefty, or his fubititutes. 
 
 Reiolved, N. C. I). That the 
 only legal reprefentatives of the in- 
 habitants of this province, are the 
 perfons they annually elect to ferve 
 as members of anembly. 
 
 Refolved therefore, N. C. D. 
 That the taxation of the people of 
 this province, by any other perfons 
 whatlbever than fuch their reprefen- 
 tatives in afTembly, is UNCONSTI- 
 TUTIONAL, and iubvernve of their 
 molt valuable rights. 
 
 Refolved, N. C. D. That the 
 laying taxes upon the inhabitants of 
 this province in any ether manner, 
 being manifeitly fubveriive of public 
 liberty, mult, of neccflary confe- 
 quence, be utterly deitruclive of 
 public happinefs. 
 
 Refolved, N. C. D. That the 
 veiling an authority in the courts of 
 admiralty to decide in fuits relating 
 to the ftamp duties, and other mat- 
 ters, foreign to their proper jurifdic- 
 tion, is highly dangerous to the li- 
 berties of his Maj city's American 
 futijects, contrary: to MagnaCharta, 
 
 21 
 
 the great charter and fountain of 
 Englilh liberty, and deftructive of 
 one of their moll darling and acknow- 
 ledged rights* that of TRIALS BY 
 
 JURIES. 
 
 Refolved, N C. D. That it is 
 the opinion of this houfe, that the 
 reitraints impofed by feveral acts of 
 parliament on the trade of this pro- 
 vince, at a time when the people 
 labour under an enormous load of 
 debt, muft of neceiTity be attended 
 with the mott fatal confequences, 
 not only to this province, but to 
 the trade of our mother country. 
 
 Reiolved, N. C. D. That this 
 houfe think it their duty thus firmly 
 to aflert, with moflefty and decency, 
 their inherent rights, that their pof- 
 terity may learn and know, that it 
 was not with their confent and ac- 
 quiefcence, that any taxes mould be 
 levied on them by any perfons but 
 their own reprefentatives ; and are 
 defirous that thefe their refolves 
 mould remain on their minutes, as 
 a tellimony of the zeal and ardent 
 defire of the prefent houfe of aflem- 
 bly to preferve their inejlimabls 
 rights, which, as Englimmen, they 
 have -poiTefled ever fince' this province 
 was fettled, and to tranfmit them to 
 their lateit poiterity." 
 
 . The fame day, the following ad- 
 drefs was piefented to the Governor 
 
 of Maryland : 
 
 To his Excellency Ho RATioSnARPE, 
 
 Ejq-y Governor and Commander in 
 
 Chief in and over the province of 
 
 Maryland. 
 
 The humble Addrefs of the Houfe 
 
 of Delegates. 
 May it pleafe your Excellency, 
 
 " We, his maj city's moft dutiful 
 and loyal fubjefts, the delegates of 
 the freemen of the province of Ma- 
 ryland, in aflembly convened, return 
 your excellency our thanks for your 
 fpeech-at the opening of this feffion ; 
 
 and 
 
PRIOR DOCUMENTS. 
 
 22 
 
 and beg leave to affure you, that 
 the opportunity your excellency has 
 now afforded us, of promoting the 
 true intereil of our country, is ex* 
 tremcly agreeable to us. 
 
 As we have thought it our indif- 
 penfible duty to our conlHtuents, at 
 this time to appoint a committee of 
 fome of our membirs, to join com- 
 mittees from the houfe of reprefcnta- 
 tives of the other colonies on the 
 continent, who are to meet at the 
 city of New York, on the iiril 
 Tuefday in Oclcber next, in order to 
 to join in a general and united duti- 
 ful, loyal and humble reprefentation 
 to his majeity, and the BritiJh par- 
 liament, cf the circumftances and 
 condition oftheBritim colonies and 
 plantations, and to implore relief 
 againft fome adls, of parliaments, we 
 are informed have lately patted in 
 England, whereby it is apprehended 
 the liberty of the colonies will be 
 greatly abridged, which, with the 
 matters neceflarily relative to, and 
 dependant upon it, (wherein we 
 have met with fome very unexpected 
 delays) has fo wholly engrofied our 
 attention, that we have not yet even 
 fettled any of our ordinary rules for 
 proceeding, we cannot doubt but 
 we mall ftand excufed for being thus 
 late in anfwering your excellency's 
 fpeech ; and having now very nearly 
 completed that affair, and as the 
 next month will be chiefly taken 
 up in adjourned country courts, by 
 which means feveral of our mem- 
 bers muft be taken from the bufmefs 
 of the houfe, or great numbers fuffer 
 much by their fuits continuing open 
 at this time, we hope your excel- 
 lency will, as foon as the prefent 
 important bufmefs is nnifhed, give 
 us a Ihort recefs of a few weeks, 
 that thofe inconveniences may be 
 removed, when we (hall be very 
 glad to have an opportunity of pro- 
 feeding to the difpatch of tf>e inte- 
 
 refting matters your excellency has 
 been pleafed to recommeud to us, 
 and to concur with the other branches 
 of the legiilature, in every meafure 
 tending to produce the general wel- 
 fare of cur country, which we are 
 much pleafed to be aiTured by your 
 excellency, you alfo confider as your 
 own." 
 
 ROBERT LLOYD, Speaker. 
 Sept. 21, 1765. 
 
 To which he returned the following 
 Anfwer, on Sept. 28 : 
 
 Gentlemen of the Lower Houfe of 
 
 AJfembly. 
 
 lt As I perceive by your addrefs, 
 which hath been juit prefented to me, 
 that you are defirous to have a Ihort 
 recefs of a few weeks, I mail comply 
 with your requeil ; but it being pro- 
 bable that the ftamped paper def- 
 tined for this province, in confe- 
 quence of the ad of parliament that 
 was made laft feflion, by the legif- 
 lature of Great Britain, will arrive 
 here before I mail have an oppor- 
 tunity of adviiing with you again, 
 and that the mailer of the vefTel who 
 may give charge thereof, will defire 
 me to give orders for its being landed, 
 and lodged in a place of fecurity, 
 efpecially as the perfon appointed to 
 diftribute the {tamps here, has, I un- 
 deriland, left the province, 1 mould 
 be glad to know how you would ad- 
 vife me to aft on fuch an occafion. 
 Sept. 28. HORATIO SHARPS." 
 
 And the houfe then came to the fol- 
 lowing refoluitons, which they or- 
 dered to be printed : 
 
 By the Lower Houfe of AJfcmlly. 
 
 Sept. 28, 1765. 
 
 Ordered, That Mr. Jonas Green, 
 printer, do publifh in the Maryland 
 Gazette, next week, the following 
 rcfolvcs of this houfs : 
 
 Signed per order. 
 3VJ. MACNEMARA, Cl. Lo. Ho. 
 I. Re- 
 
P R I O & DOCUMENTS. 
 
 I. Refolved unanimoufly, That 
 the firft adventurers and fettlers of 
 this province of Maryland brought 
 with them, and trail fmitted to their 
 pofterity, and all other his Majefty's 
 fubjects iince inhabiting in this pro- 
 vince, all the liberties, privileges, 
 franchifes, and immunities, that at 
 any time have been held, enjoyed 
 and poilefled, by the people of Great 
 Britain. 
 
 II. Refolved unanimoufly, That 
 it was granted by Magna Charta, 
 and other the good laws and ftatutes 
 of England, and confirmed by the 
 petition and Bill of Rights, that the 
 fubject mould not be compelled to 
 contribute to any tax, Callage, aid, 
 or other like charge, not fet by 
 common confent of parliament. 
 
 III. Refolved unanimoufly, That 
 by a royal charter, granted by his 
 majeily king Charles I. in the eighth 
 year of his reign, and in the year of 
 our Lord 1632, to Caecilius, then 
 lord Baltimore, it was for the en- 
 couragement of people to tranfport 
 themfelves and families into this 
 province, amongft other things co- 
 venanted and granted by his faid 
 majefty, for himfelf, his heirs and 
 fucceflbrs, as followeth : 
 
 [Here is recited fuch parts of their 
 charter as may be feen in the loth 
 and 2oth claufes of the Maryland 
 charter.] After which they proceed- 
 ed thus : 
 
 IV. Refolved that it is the una- 
 nimous opinion of this houfe, That 
 the faid charter is declaratory of the 
 conftitutional rights and privileges of 
 the freemen of this province. 
 
 V. Refolved unanimoufly, That 
 trials by juries is the graiul bulwark 
 of liberty, the undoubted birthright 
 of every Englifliman, and confe- 
 quently of every Britifli fubjecl in 
 America : And that the creeling 
 other jurifdictions for the trial of 
 matters of fact, is unconftitutional, 
 
 and renders the fubject infecure in 
 his liberty and property. 
 
 VI. Refolved, That it is the una- 
 nimous opinion of this houfe, That 
 it cannot with any truth or propriety 
 be faid, That the freemen of this 
 province of Maryland are reprefent- 
 ed in the Britifli parliament. 
 
 VII. Refolved unanimoufly, That 
 his majeity's liege people of this 
 ancient province, have always en- 
 joyed the right of being governed 
 by laws, to which they themfelves 
 have confented in the article of 
 taxes, and internal policy ; and 
 that the fame hath never been for- 
 feited, or any other way yielded 
 up ; but hath been conftantly recog- 
 nized by the king and people of 
 Great Britain. 
 
 VIII. Refolved, That it is the 
 unanimous opinion of this houfe, 
 that the reprefentatives of the free- 
 men of this province, in their le- 
 giflative capacity, together with the 
 other part of the legiflature, hath 
 the fole right to lay taxes and impo- 
 fitions on the inhabitants of this pro- 
 vince, or their property and effects : 
 And that the laying, impaling, levy- 
 ing or collecting, any tax on or from 
 the inhabitants of Maryland, under 
 colour of any other authority, is un- 
 conititutional, and a direct violation 
 of the rights of the freemen of this 
 province. 
 
 On the 5th of October the ftamps 
 arrived at Philadelphia, the Ihip 
 which brought them having laid 
 fome time at Nevvcaille upon Deia- 
 ware, under protection of a man of 
 war. When the fliips firft appeared 
 round Gloucefter-point, all the vef- 
 fels in the harbour hoiiled their co- 
 lours half-ftaff high, the bells were 
 muffled, and continued to toll till 
 evening, and every countenance 
 added to the appearance of fincere 
 mourning. At four in the afternoon, 
 
 feveral 
 
PRIOR DOCUMENTS. 
 
 feveral thoufands of citizens met at 
 the State-houfe toconfult on proper 
 meafures to prevent the execution of 
 the ftamp-aft. It was agreed to 
 fend a deputation of feven perfons 
 to Mr. Hughes, the ilamp-maller 
 for that province, (who was then 
 lick in bed) to requeil he would re- 
 fign his office. He readily declared, 
 that no aft of his mould alM the 
 carrying of that law into execution, 
 till it was generally complied with 
 in the other colonies, but refufed to 
 Jign any refignation. When this 
 report was made by the deputies to 
 the State-houfe, the citizens were 
 enraged to that degree, that it is 
 'hard to fay to what lengths their 
 fury would have carried them, had 
 not the deputies reprefented Mr. 
 Hughes as at the point of death ; 
 this moved their compafiion, and 
 they agreed to make their demand 
 in writing, and give Mr. Hughes 
 till the Monday following to make 
 a reply. And on Monday the de- 
 puties read the following anfwer 
 aloud to all the multitude affembled : 
 
 Philadelphia, Monday morning, 
 
 Oa. 7, 1765. 
 
 " Whereas about fix o'clock, on 
 Saturday evening laft, a paper was 
 lent to me, expreiTmg, that e a 
 great number of the citizens of Phi- 
 ladelphia, affembled at the State- 
 houfe, to demand of Mr. John 
 Hughes, distributor of ftamps for 
 Penfylvania, that he will give them 
 aflurance, under his hand, that he 
 will not execute that office ; and ex- 
 peft that he will give them a fair, 
 candid, and direct anfwer, by Mon- 
 day next, at ten o'clock, when he 
 will be waited on for that purpofe. 
 Saturday, October 5, 1765.' 
 
 " I do therefore return for anfwer 
 to thofe gentlemen, and all their af- 
 fociates, that I have not hitherto 
 taken any flep tending to put the 
 late aft of parliament into execution 
 
 in this province ; and that I will not, 
 either by myfelf or my deputies, 
 do any aft or thing that fnall have 
 the leaft tendency to put the faid ad 
 into execution in this province, un- 
 til the faid aft fliali be put into exe- 
 cution generally in the neighbour- 
 ing colonies, and this I am deter- 
 mined to abide by. 
 
 " And whereas my commiffion 
 includes the three counties of New- 
 Caitle, Kent, and Suifex, upon De- 
 laware, I do, therefore, hereby 
 voluntarily inform the good people 
 of thofe counties, that no aft of 
 mine mall, either directly or indi- 
 reftly, involve them in any diffi- 
 culties with refpeft to the faid ftamp 
 aft, before the fame mail take place 
 generally in the neighbouring colo- 
 
 nies. 
 
 JOHN HUGHES." 
 
 It is neceffary fometimes, in this 
 narration, to negleft a ft rift obfer- 
 vance of the order of time, that each 
 feparate account may have a proper 
 continuation : to return them a lit- 
 tle back ; on the 2oth of September, 
 all the lawyers of the fupreme court, 
 held at Perth Amboy, affembled, 
 and the Chief Juftice having pro- 
 pofed the following queries, they 
 agreed and came to thefe feveral re- 
 folutions : Firit, Whether, if the 
 flamps mould arrive, and be placed 
 at the city of B urlington, by or after 
 the firft of November, they would, 
 as praftitioners, agree to purchafe 
 them, for the neceffary proceedings 
 in the law ? 
 
 Refolved by the whole body, 
 N. C. D. they would not, but rather 
 fuffer their private intereft 'to give 
 way to the public opinion, preteiting 
 at the fame time againft ail riotous 
 and indecent behaviour, which they 
 will difcountenance by every means 
 in their power, to preferve order, 
 and by an abfolute refufal to make 
 
 ufe 
 
PRIOR DOCUMENTS. 
 
 ufc of the ftamps, and other quiet 
 methods, endeavour to obtain a re- 
 peal of the law. 
 
 Second, Whether it was their opi- 
 nion, that mould the aft take place, 
 the duties could pofiibly be paid in 
 gold and filver. 
 
 Anfvvered by the whole body, It 
 could not be paid in gold and filver 
 even for one year. 
 
 Third. Their opinion was de- 
 fircd, whether, as the act required 
 the Governor and Chief Juftice to 
 fuperintend the diftributor, he fhould 
 be obliged to take charge of the diftri- 
 bution of the ftamps, by order and 
 appointment of the Governor, if he 
 fhould think proper to fix upon him 
 for that office ? 
 
 Anfvvered and advifed, not to take 
 it upon him, the Governor not being 
 impowered by the act to appoint ; or 
 if he was, it was left to the Chief 
 Juftice J s option, and that it would be 
 incompatible with his office as Chief 
 Juftice. 
 
 The lawyers alfo of New Jerfey 
 met, and refolved to lofe all their 
 bufmefs, rather than make ufe of any 
 ftamps. 
 
 When the Commifiioncrs from Bof- 
 ton came to the Congrefs at New- 
 York, they waited on Lieutenant- 
 Governor Colden, who received them 
 very coldly ; and told them, that 
 " fuch a Congrefs was unconftitu- 
 tional, unprecedented, and unlawful, 
 and that he mould give them no 
 countenance." 
 
 On the 2 1 ft of October, the free- 
 holders and other inhabitants of the 
 town of Plymouth had a meeting, 
 and unanimoufly agreed on inftruc- 
 tions to Thomas Forfter, Efq. their 
 reprefentative in the General AfTem- 
 bly of MafTachufet's Bay. In which, 
 after expreffing the higheft efteem for 
 the Britifh conftitution, fhewing how 
 far the people of America have exert- 
 ed themielves in fupport thereof, and 
 
 fetting forth their grievances, they 
 proceed as follows : 
 
 " You, Sir, reprefent a people 
 who are not only defcended from the 
 firft fettlers of this country, but in- 
 habit the very fpot they firft pofleffed. 
 Here was firft laid the foundation of 
 the Britifh empire in this part of 
 America, which from a very fmall 
 beginning, has increafed and fpread 
 in a manner very furprifing, and al- 
 moft incredible ; efpecially when we 
 confider that all this has been effected 
 without the aid or afliftance of any 
 power on earth, that we have defend- 
 ed, protected, and fecured ourfelves 
 againft the invafions and cruelty of 
 favages, and the fubtilty and inhu- 
 manity of cur inveterate and natural 
 enemies the French ; and all this 
 without the appropriation of any tax 
 by ftamps, or ftamp acts laid upon 
 our fellow fubjects in any part of the 
 king's dominions, for defraying the 
 expences thereof. This place, Sir, 
 was at firft the afylum of liberty, and 
 we hope will ever be preferved iacred 
 to it ; though it was then no more 
 than a forlorn wildernefs, inhabited 
 only by favage men and beafts. To 
 this place our fathers (whofe me- 
 mories be revered) poffefled of the 
 principles of liberty in their purity, 
 difdaining ilavery, fled to enjoy thoic 
 privileges which they had an un- 
 doubted right to, but were deprived 
 of by the hands of violence and op' 
 preffion in their native country. We, 
 Sir, their pofterity, the freeholders 
 and other inhabitants of this town, 
 legally affembly for thatpurpofe, pof- 
 fefled of the fame fentiments, and re- 
 taining the fame ardour for liberty, 
 think it our indifpen fable duty, on 
 this occafion, to exprefs to you thefe 
 our fentiments of the ftamp act, and 
 its fatal confequences to this country, 
 and to enjoin upon you, as you regard 
 not only the welfare, but the very be- 
 ing of this people, that you (confident 
 with our allegiance to the king, and re- 
 
 lation 
 
26 
 
 PRIOR DOCUMENTS. 
 
 lation to the government of Great- 
 Britain) difregarding all propofals 
 for that purpofe, exert all your power 
 and influence in relation to the ftamp 
 aft, at leaft until we hear the fuccefs 
 of our petitions for relief. We like- 
 \vife, to avoid difgracing the memo- 
 ries of our anceftors, as well as the 
 reproaches of oar own c^nfciences, 
 and the curfes of pofterity, recom- 
 mended it to you to obtain, if pofli- 
 ble, in the honourable houfe of re- 
 prefentatives of tlvs province, a full 
 and explicit afTertion of our rights, 
 and to have the fame entered on their 
 public records, that all generations 
 yet to come, may be convinced, that 
 we have not only a juft fcnfe of our 
 rights and liberties, but that we ne- 
 ver (with fubmiflion to divine provi- 
 dence) will be flaves to any power on 
 earth ; and as we have at all times an 
 abhorrence of tumults and diforders, 
 we think ourfelves happy in being at 
 prefent under no apprehenfions of 
 any, and in having good and whole- 
 fome laws fufficient to preferve the 
 peace of the province in all future 
 times, unlefs provoked by fome im- 
 prudent meafure : fo we think it by 
 no means advifeable for you to interert 
 yourfel'f in the protection of fiamp 
 papers, or ftamp officers. 
 
 " The only thing we have further 
 to recommend to you at this time, is 
 to obferve on all occafions a fuitable 
 frugality and ceconomy in the public 
 expences ; and that you confent to no 
 unnecefTary or unufual grant at this 
 time of diftrefs, when the people are 
 groaning under the burthen of heavy 
 taxes: and that you ufe your endea- 
 vours to enquire into, and bear tefti- 
 mony againit, any paft, and to pre- 
 vent any future unconftitudonal 
 draughts on the public treafury." 
 
 Authentic Account of tks Proceedings of 
 the Congrefs * held at New-York in 
 1765, en the Subjett of the Stamp 
 
 Sir, 
 
 Bofton, June 1765. 
 
 The houfe of reprefentatives of this 
 province, in the prefent feffion of the 
 general court, have unanimoufly 
 agreed to propofe a meeting, as foon 
 as may be, of committees, from the 
 houles of reprefentatives or burgefTes 
 of the feveral Britilh colonies on this 
 continent, to confult together on the 
 prefent circumftances of the colonies, 
 and the difficulties to which they are, 
 and muft be reduced, by the opera- 
 tion 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 
 reprefentation of their condition, to 
 his Majefty and the Parliament, and 
 to implore relief. The houfe of re- 
 prefentatives of this province have 
 alfo voted to propofe, That fuch 
 meeting be at the city of New- York, 
 in the province of New-York, on the 
 firft Tuefday in October next ; and 
 have appointed a committee of three 
 of their members to attend that fer- 
 vice, with fuch as the other houfes of 
 reprefentatives, or burgeffes, in the 
 feveral colonies, may think fit to ap- 
 point to meet them. And the com- 
 mittee of the houfe of reprefentatives 
 of this province, are directed to re- 
 pair to faid New-York, on faid firft 
 Tuefday in October next, accord- 
 ingly. 
 
 If, therefore, your honourable 
 houfe mould agree to this propofal, 
 it would be acceptable, that as early 
 notice of it as polfible, might be tranf- 
 mitted to the fpeaker of the houfe of 
 reprefentatives of this province. 
 
 SAMUEL WHITE, Speaker. 
 
 In confequence of the foregoing 
 circular letter, the following gentle- 
 men met at New- York, in the pro- 
 vince of New-York, on Monday the 
 feventh day of Oclober, 1765, viz. 
 
 From 
 
 * This was the firft Congrefs cf the American Continent. 
 
PRIOR DOC U ME 
 
 From the province of the Maffa- 
 chufetts-bay, 
 
 James Otis, 1 
 
 Oliver Patridge, > Efquires, 
 Timothy Ruggles, j 
 From the colony of Rhod%Iiland_, 
 and Providence plantations, 
 
 From the colony of Connecticut, 
 EliphaTet Dyer, 1 
 
 David Rowland, > Efquires. 
 
 Wm. Samuel Johnfon, J 
 From the colony of New- York, 
 Robert R. Livingfton, 1 
 John Cruger, 
 
 Philip Livingfton, t Efquires. 
 William Byard, 
 Leonard Lifpenard, J 
 From the colony of New- Jerfey, 
 Robert Ogden, 1 
 Hendrick Filher, i- Efquires. 
 Jofeph Borden, j 
 From the province of Pennfylvania, 
 John Dickenfen, 1 
 John Morton, C Efquires. 
 
 George Bryan, 3 
 From the government of the coun- 
 ties of NewcatUe, Kent, and Suffex, 
 on Delaware, 
 
 Caefar Rodnev, "1 - . 
 Thomas M'Kean, ] Ef q uires - 
 From the province of Maryland, 
 William Murdock, 1 
 Edward Tilghman, C Efquires. 
 Thomas Ringgold, j 
 From the province of South- Caro- 
 lina, 
 
 Thomas Lynch, "J 
 
 Chriftoph. Gadfden, C Efquires. 
 John R.utledge, j 
 
 Then the faid committees proceed- 
 ed to chufe a chairman by ballot, and 
 Timothy Ruggles, Efq. on forting 
 and counting the votes, , appeared to 
 have a majority, and thereupon was 
 placed in the chair. 
 
 Saturday, Off. 19, 1765, A. M. 
 The Congrefs met according to 
 adjournment, and relumed, &c. as 
 yefterday. And, upon mature deli- 
 beration, agreed to the following dc- 
 
 N T S. 27 
 
 clarations of the rights and grievances 
 of the colonifts in America, which 
 were ordered to be inferted. 
 
 The members of this Congrefs, 
 fjncerely devoted, with the warmed 
 fentiments of affeclion and duty to his 
 Majefty's perfon and government, 
 inviolably attached to the prefent 
 happy eftablimment of the Proteftant 
 fucceflion, and with minds deeply 
 imprefled by a fenfe of the prefent 
 and impending misfortunes of the 
 Britifli colonies on this continent ; 
 having confldered as maturely as time 
 will permit, the circumilances of the 
 faid colonies, efteem it our indifpen- 
 fible duty to make the following de- 
 clarations of our humble opinion, re- 
 fpe&ing the moft efTential rights and 
 liberties of the colonifts, and of the 
 grievances under which they labour, 
 by reafon of feveral late afts of parlia- 
 ment. 
 
 I. That his Majefty's fubjefts in 
 thefe colonies, owe the fame allegi- 
 ance to the crown of Great Britain, 
 that is owing from his fubjedls born 
 within the realm, and all due fubor- 
 dination to that auguft body the par- 
 liament of Great-Britain. 
 
 II. That his Majefty's liege fub- 
 jefts in thefe colonie^., are entitled to 
 all the inherent rights and liberties 
 of his natural born fubje&s, within 
 the kingdom of Great-Britain. 
 
 III. That it is infeparably eiTential 
 to the freedom of a people, and the 
 undoubted right of Englifhmen, that 
 no taxes be impofed on them but with 
 their own confent, given perfonally, 
 or by their reprefentatives. 
 
 IV. That the people of thefe colo- 
 nies are not, and, from their local 
 circumftances, cannot be, reprefented 
 in the Houfe of Commons in Great- 
 Britain. 
 
 V. That the only reprefentatives 
 of the people of thefe colonies arc 
 perfons chofen therein by themfelves, 
 and that no taxes ever have been, or 
 can be conftitutionally impofed on 
 them, but by their reipedive legMa- 
 turcs. E 2 ' VI. 
 
PRIOR DOCUMENTS. 
 
 VI. That all fupplies to the crown 
 being free gifts of the people, it is 
 imreafbnable and inconfiflent with the 
 principles and fpirit of the Britifh 
 conftitution, for the people of Great- 
 Britain to grant to his Majefty the 
 property of the colonifts. 
 
 VII. That trial by jury, is the in- 
 herent and invaluable right of every 
 Britilh fubject in thefe colonies. 
 
 VIII. That the late act of parlia- 
 ment, entitled, An aft for granting 
 and applying certain ftamp duties , and 
 other duties, in-the Britifh colonies and 
 plantations in America, &c. by im- 
 pofmg taxes on the inhabitants of 
 thefe colonies, and the faid aft, and 
 feveral other acts, by extending the 
 jurifdiction of the courts of admiralty 
 beyond its ancient limits, have a ma- 
 mfeil tendency to fubvert the rights 
 and liberties of the colonifts. 
 
 IX. That the duties impofed by 
 feveral late acts of parliament, from 
 the peculiar circumflances of thefe 
 colonies, will be extremely burthen- 
 fome and grievous ; and from the 
 fcarcity of fpecie, the payment of 
 them abfolutely impracticable. 
 
 X. That as the profits of the trade 
 of thefe colonies ultimately center in 
 Great-Britain, to pay for the manu- 
 factures which they are obliged to take 
 from thence, they eventually contri- 
 bute very largely to all fupplies grant- 
 ed there to the crcwn. 
 
 XI. That the rcftrictions impofed 
 by feveral late acts of parliament on 
 the trade of thefe colonies, will ren- 
 der them unable to purchafe the nia- 
 "nufaclures of Great-Britain. 
 
 XII. That the increafe, profperity 
 and happinefs of theie colonies, de- 
 pend on the full and free enjoyments 
 of their rights and liberties, and an 
 intercourse with Great-Britain mutu- 
 ally affectionate and advantageous. 
 
 XIII. That it is the right of the 
 Britilh fubjeds in thefe colonies to pe- 
 titicn the king, or either houfe of 
 parliament. 
 
 ' Laftly, That it is the indifp enfible 
 
 duty of thefe colonies, to the bell of 
 fovereigns, to the mother country, 
 and to themfelves, to endeavour by a 
 loyal and dutiful addrefs to his Ma- 
 jefty, and humble applications to both 
 houfes of parliament, to procure the 
 repeal of the act for granting and 
 applying certain ftamp duties, of all 
 claufes of any other acts of parlia- 
 ment, .whereby the jurifdiction of the 
 admiralty is extended as aforefaid, 
 and of the other late acts for the re- 
 ftriction of American commerce. 
 
 Upon motion, voted, That Robert 
 R. Livinglton, William Samuel John- 
 fon, and William Murdock, Efqrs. 
 be a committee to prepare an addrefs 
 to his Majefty, and lay the fame be- 
 fore the congrefs on Monday next. 
 
 Voted alfo, That John Rutledge, 
 Edward Tilghman, and Philip Li 
 vingfton, E {quires, be a committee 
 to prepare a memorial and petition to 
 the lords in parliament, and lay the 
 fame before the congrefs on Monday 
 next. 
 
 Vated alfo, That Thomas Lynch, 
 James Otis, and Thomas M'Kean, 
 Efquires, be a committee to prepare 
 i petition to the houfe of commons of 
 Great-Britain, and lay the fame be- 
 fore the congrefs on Monday next. 
 
 Then the congrefs adjourned to 
 Monday next at twelve o'clock. 
 
 Monday, Qft. 21, 1765, A.M. 
 
 The congrefs met according to, 
 adjournment. 
 
 The committee appointed to pre- 
 pare and bring in an addrefs to his 
 Majefty, did report, that they had 
 effayed a draught for that purpofe, 
 'which they laid on the table, and 
 humbly fubmitted to the correction 
 of the congrefs. 
 
 The faid addrefs was read, and 
 after fundry amendments, the fame 
 was approved of by the congrefs, and 
 ordered to be ingrofTed. 
 
 The committee appointed to pre- 
 pare and bring in a memorial and 
 petition to the lords in parliament, 
 did report, That they had eflayed a 
 
 draught 
 
PRIOR DO 
 
 draught for that purpofe, which they 
 laid on the table, and humbly fub- 
 mitted to the correction of the con- 
 grefs. 
 
 The faid addrefs was read, and 
 after fundry amendments, the fame 
 was approved of by the congrefs, and 
 ordered to be ingrofied. 
 
 The committee appointed to pre- 
 pare and bring in a petition to the 
 houfe of commons of Great-Britain, 
 did report, That they had eftayed a 
 draught for that purpofe, which they 
 laid on the table, and humbly fub- 
 rnitted to the correction of the con- 
 grefs. 
 
 The faid addrefs was read, and 
 after fundry amendments, the fame 
 was approved of by the congrefs, and 
 ordered to be ingroffed. 
 
 The congrefs adjourn to to-morrow 
 morning, nine o'clock. 
 
 tfuejday, Oft. 22, 1765, A.M. 
 The congrefs met according to ad- 
 journment. 
 
 The addrefs to his Majefiy being 
 ingrofied, was read and compared, 
 and is as follows, viz. 
 To the King's moft excellent Majefty. 
 The Petition of the freeholders and 
 other in habitants of the Maffachufets- 
 bay, Rhode-Iiland, and Providence 
 plantations, 
 
 New-Jerfey, Pennfylvania, the go- 
 vernment of the counties of Newcaftle, 
 Kent, and Suffex, upon Delaware, 
 province of Maryland, 
 
 Moft humbly Jheweth, 
 That the inhabitants of thefe colo- 
 nies, unanimoufly devoted with the 
 warmeft fentiments of duty and affec- 
 tion to your Majefty "s facred perfon 
 and government, inviolably attached 
 to the prefent happy eftablifhment of 
 the proteftant fucceffion in your illuf- 
 trious houfe, and deeply ienfible of 
 your royal attention to their profpe- 
 rity and happinefs, humbly beg leave 
 to approach the throne, by reprefent- 
 ing to your Majefty, that thefe colo- 
 nies were originally planted by fub- 
 jeds of the Britim crown, who, ani- 
 
 C U M E N T S. 29 
 
 mated with the fpirit of liberty, en- 
 couraged by your Majefty' s royal pre- 
 deceflbrs, and confiding in the pub- 
 lic faith, for the enjoyment of all the 
 rights and liberties effential to free- 
 dom, emigrated from their native 
 country to this continent, and by 
 their fuccefsful perfeverance in the 
 midft of innumerable dangers and 
 difficulties, together with a profufion. 
 of their blood and treafure, have hap- 
 pily added thefe vaft and valuable 
 dominions to the empire of Great- 
 Britain. That for the enjoyment of 
 thefe rights and liberties, feveral go- 
 vernments were early formed in th 
 faid colonies, with fall power of le- 
 giflation, agreeable to the principles 
 of the Englifh conftitution. 
 
 That under thofe governments, 
 thefe liberties, thus vefted in their 
 anceftors, and tranfmitted to their 
 pofterity, have been exercifed and 
 enjoyed, and by the ineftimable blef- 
 fings thereof (under the favour of Al- 
 mighty God) the inhofpitab'e defarts 
 of America have been converted into 
 flouriihing countries ; fcience, huma- 
 nity, and the knowledge of divine 
 truths, diffufed through remote re- 
 gions of ignorance, infidelity, and 
 barbarifm ; the number of Britiih. 
 fubjefts wonderfully increafed, and 
 the wealth and power of Great-Bri- 
 tain proportion ably augmented. 
 
 That by means of thefe fettlements, 
 and the unparallelled fuccefs of your 
 Majefty's arms, a foundation is now- 
 laid for rendering the Britim empire 
 the moft extenfive and powerful of 
 any recorded in hiftory. Our con- 
 nection with this empire, we eilecm 
 our greateft happinefs and fccurity, 
 and humbly conceive it may now be 
 fo eftablifhed by your royal wifdom, 
 as to endure to the lateft period of 
 time ; this, with moft humble fub- 
 miffion to your Majefty, we appre- 
 hend will be moft effectually accom- 
 pliihed, by fixing the pillars thereof 
 on liberty and juftice, and fecuring 
 the inherent rights and liberties of 
 
 your 
 
PRIOR DOCUMENTS. 
 
 your fubje&s here, upon the princi- 
 ples of the Englifh conftitution. To 
 this conftitution thefe two principles 
 are effential, the right of your faith- 
 ful fubjecls, freely to grant to your 
 Majefty, fuch aids as are required for 
 the fupport of your government over 
 them, and other public exigencies, 
 and trials by their peers : by the one 
 they are fecured from unreaibnable 
 impofitions ; and by the other from 
 arbitrary decifions of the executive 
 power. 
 
 The continuation of thefe liberties 
 to the inhabitants of America we ar- 
 dently implore, as abfolutely neceffary 
 to unite the feveral parts of your wide 
 extended dominions, in that harmony 
 fo effential to the prefervation and 
 happinefs of the whole. Protected in 
 thefe liberties, the emoluments Great 
 Britain receives from us, however 
 great at prefent, are inconfiderable, 
 compared with thofe me has the faireft 
 proipecl of acquiring. By this pro- 
 tection me will for ever fecure to her- 
 felf the advantage of conveying to all 
 Europe, the merchandises which 
 America furnifhes, and of fupplying 
 through the fame channel whatever 
 is wanted from thence. Here opens 
 a boundlefs fource of wealth and na- 
 val ftrengdi ; yet thefe immenfe ad- 
 vantages, by the abridgement of thofe 
 invaluable rights and liberties, by 
 which our growth has been nouriihed, 
 are in danger of being for ever loft ; 
 and our fubordinate legiflatures, in 
 effeft, rendered ufelefs, by the late 
 acls cf parliament -impoiing duties 
 and taxes on thefe colonies, and ex- 
 tending the jurisdiction of the courts 
 of admiralty here, beyond its ancient 
 limits : ftatutes by which your Ma- 
 jefty's commons in Britain undertake 
 abfolutely to cliipofe of the property 
 of their fellow iubjedts in America, 
 without their c6nf;nt, and for the en- 
 forcing whereof they are fubjecled 
 to the determination of a fingle judge 
 in a court unreilrained by the wife 
 rules of the common law, the birth- 
 
 right of Englimmen, and the Cafe- 
 guard of their perfons and properties. 
 
 The invaluable rights of taxing 
 ourfelves, and trial by our peers, of 
 which we implore your Majelty's 
 protection, are not, we molt humbly 
 conceive unconstitutional ; but con- 
 firmed by the great Charter of Englifh 
 liberty. On the firfl of thefe rights 
 the honourable the houfe of commons 
 found their praftice of originating 
 money bills, a right enjoyed by the 
 kingdom of Ireland, by the clergy of 
 England, until relinquished by them- 
 felves a right, in fine, which all 
 other your Majefty's Englifh fubjefts, 
 both within and without the realm, 
 have hitherto enjoyed. 
 
 With hearts, therefore, impreffed 
 with the molt indelible characters of 
 gratitude to your Majefty, ana to the 
 memory of the kings of your illuftri- 
 ous houie, whole reigns have been 
 fignally diftinguilhed by their auipi- 
 cious influence on the. profperity of 
 the Britim dominions, and convinced 
 by the molt affecting proofs of your 
 Majefty's paternal love to ail your 
 people, however diitant, and your 
 unceafing and benevolent deiiivs to 
 promote their- happineis> we moil 
 Jiumbly beieech your Maje,:/, that 
 you will be graciouiiy pleaK d to take 
 into your royal confiueration the dif- 
 treffes of your faithful fubjeclis on this 
 continent, and to lay the lame before 
 your Majeity's parliament, and to 
 afford them fuch relief, as in your 
 royal wifdom their unhappy circum- 
 ftances mall be judged to require. 
 
 And your petitioners as in duty bound 
 <will pray. 
 
 Th$ memorial to the lords in par- 
 liament was read and compared, and 
 is as follows, viz. 
 To the right honourable the Lords fpi- 
 
 ritual and temporal of Great-Britain 9 
 
 in parliament ajjembled. 
 
 The Memorial of the freeholders 
 and others inhabitants of the MafTa- 
 chufetts-bay, Rhode-Ifland, and Pro- 
 vidence plantations, , 3 
 
 New- 
 
PRIOR DOCUMENTS. 
 
 New-Jerfey, Pennfylvania, the go- 
 vernment of the counties of New- 
 caille, Kent, and Sullex, upon De- 
 laware, province of Maryland. 
 Mcft humbly Jhciuethy 
 
 That his Majefty's liege fubjects 
 in his American colonies, though they 
 acknowledge a due fubordinatibn to 
 that auguft body the Britiih parlia- 
 ment, are entitled, in the opinion 
 of your memorialiils, to all the inhe- 
 rent rights and liberties of the natives 
 of Great-Britain, and have ever fmce 
 the fetdement of the faid colonies 
 cxercifed thofe rights and liberties, 
 as far as their local circumftances 
 would permit. 
 
 That your memorialifts humbly 
 conceive one of the moft effential 
 rights of thefe colonies, which they 
 have ever, till lately, uninterruptedly 
 enjoyed, to be trial by jury. 
 
 Tiiat your memorialifts alfo hum- 
 bly conceive another of thefe eflential 
 rights to be, the exemption from all 
 taxes, but fuch as are impofed on the 
 people by the feveral legiilatures in 
 theie colonies, which right alib they 
 have till of late, freely enjoyed. 
 
 But your memorialiits humbly beg 
 leave to reprefent to your iprdmips, 
 that the aft for granting certain^ 
 ftamp-duties in the Britifh colonies in 
 America, &c. fills his Majefty's 
 American fubjects with the deepeft 
 concern, as it tends to deprive them 
 of the two fundamental and invalua- 
 ble rights and liberties above-men- 
 tioned, and that feveral other late 
 acts of parliament, which extend the 
 jurifdidtion and powers of courts of 
 admiralty in the plantations, beyond 
 their limits in Great-Britain, thereby 
 make an unneceffary and unhappy 
 diftinction as to the modes of trial, 
 between us and our fellow fubjects 
 there, by whom we never have been 
 excelled in duty and loyalty to our 
 
 Sovereign. 
 
 That from the natural connection 
 between Great-Britain and America, 
 the perpetual continuance of which 
 
 your memorialifts moft ardently de- 
 fire, they conceive that nothing can 
 conduce more to the intereft of both, 
 than the colonifts free enjoyment of 
 their rights and liberties, and an 
 affectionate intercourfe, between Great 
 Britain and them. But your memo- 
 rialifts (not waving their claim to 
 thefe rights, of which with the moft 
 becoming veneration and deference 
 to the wifdom andjufticeof your lord- 
 fhips, they apprehend they cannot 
 reafonably be deprived) humbly re- 
 prefent, That from the peculiar cir- 
 cumftances of thefe colonies, the du- 
 ties impofed by the afore faid act, and 
 feveral other late acts of parliament, 
 are extremely grievous and burthen- 
 fome, and the payment of the faid 
 duties will very foon, for want of 
 fpecie, become abfolutely impracti- 
 cable; and that the reftri&ions on 
 trade, by the faid acts, will not only 
 greatly diftrefs the colonies, but muft 
 be extremely detrimental to the trade 
 and true intereft of Great-Britain. 
 
 Your memorialifts, therefore, im- 
 preffed with a juft fenfe of the unfor- 
 tunate circumftances of the colonies, 
 and the impending deftructive confe- 
 quences which muft necefTarily enfue 
 from the execution of thole acts, ani- 
 mated with the warmeft fentiments 
 of filial affection for their mother- 
 country, moft earneftly and humbly 
 entreat, That your lordfhips will be 
 pleafed to hear their counfel in fup- 
 port of this memorial, and take the 
 premises into your moft ferious con- 
 fideration, and that your lordlhips 
 will alfo be thereupon pleafed to pur- 
 fue fuch meafures for reftoring the 
 juit rights and liberties of the colonies, 
 and preferving them for ever invio- 
 late, for redreiling theirprefent, and 
 preventing future grievances, thereby 
 promoting the united intereft of Great- 
 Britain and America, as to your lord- 
 Ihips, in your great wifdom, fhall 
 feem moft conducive and effectual to 
 that imnoriaut end. 
 
 And 
 
PRIOR DOCUMENTS. 
 
 And year memorialifts as in duty bound 
 will c-vtr pray. 
 Wednesday, Oft. 23, 1765, A. M. 
 
 The congrefs met according to ad- 
 journment. 
 
 The petition to the houfe of com- 
 mons being ingrofied, was read and 
 compared, and is as follows, viz. 
 To the honourable the knights, citizens, 
 and burgejjes of Great -Britain, in 
 parliottrHt. ajjembled. 
 The Petition of his Majeily's duti- 
 ful and loyal fubjetls, the freeholders 
 and other inhabitants of the colonies 
 of the MafTachufetts-bay, Rhode- 
 Jjland, and Providence plantations, 
 , , New-Jerfey, 
 
 Pennfylvania, the government of the 
 counties of Newcaille, Kent, and 
 SufTex, upon Delaware, Maryland. 
 
 Moft humbly Jbciveth, 
 That the feveral late als of par- 
 liament, imposing divers duties and 
 taxes on the colonies, and laying the 
 trade and commerce thereof under 
 very burthenfome restrictions, but 
 above all the aft for granting and 
 applying certain flamp duties, &c. in 
 America, have filled them with the 
 deepeil concern and furprize ; and 
 they humbly conceive the execution 
 of them will be attended with conie- 
 quences very injurious to the commer- 
 cial intereft of Great-Britain and her 
 colonies, and muil terminate in the 
 eventual ruin of the latter. 
 
 Your petitioners therefore moil ar- 
 dently implore the attention of the 
 honourable houfe, to the united and 
 dutiful reprefentation of their circum- 
 ilances, and to their earr.elt fup pli- 
 cations for relief, from thofe regula- 
 tions which have already involved 
 this continent in anxiety, coniufion, 
 and diilreis. 
 
 We moil -fincerely recognize our 
 allegiance to the crown, and acknow- 
 ledge all due fubordination to the 
 parliament of Great-Britain, and 
 ihall always retain the moil grateful 
 fenfe of their affiilance and protection. 
 It is from and under the Engliih con- 
 
 ilitution, we derive all our civil and 
 religious rights and liberties : we 
 glory in being fubjefts of the beft of 
 kings, and having been born under 
 the moil perfect form of government ; 
 but it is with moil ineffable and hu- 
 miliating forrow, that we find our- 
 felves, of late, deprived of the right 
 of granting our own property for his 
 Majeily's fervice, to which our lives 
 and fortunes are entirely devoted, 
 and to which, on his royal requifi- 
 tions, we have ever been ready to 
 contribute to the utmoll of our abili- 
 ties. 
 
 We have alfo the misfortune to find, 
 that all the penalties and forfeitures 
 mentioned in the fcamp aft, and in 
 divers late afls of trade extending to 
 the plantations, are, at the election 
 of the informer, recoverable in any 
 court of admiralty in America. This, 
 as the newly creeled court of admi- 
 ralty has a general jurifdi&ion over 
 all Britiih America, renders his Ma- 
 jeily's fnbjefls in thefe colonies, lia- 
 ble to be carried, at an immenfe ex- 
 pence, from one end of the continent 
 to the other. 
 
 It gives us alfo great pain to fee a 
 manifeil diilinclion made therein, be- 
 tween the fubjefts of our mother- 
 country, and thofe in the colonies, 
 in that the like penalties and forfeit- 
 ures recoverable there only in his Ma- 
 jeily's court of record, are made cog- 
 nizable here by a court of admiralty : 
 by theie means we feem to be, in 
 effect, unhappily deprived of two pri- 
 vileges erTential to freedom, and 
 which all Englishmen have ever con- 
 fidered as their beil birthrights, that 
 of being free from all taxes but fuch 
 as they have confented to in perfon, 
 or by their representatives, and of 
 trial by their peers. 
 
 Your petitioners further mew, 
 That the remote fituaiion, and other 
 circumilances of the colonies, render 
 it impracticable that they mould be 
 repreieiued, but in their refpeflive 
 fubordinate legiflature ; and they 
 
 humbly 
 
PRIOR DO 
 
 humbly conceive, that the parliament, 
 adhering ftriftly to the principles of 
 the constitution, have never hitherto 
 taxed any but thofe who were actually 
 therein reprefented ; for this reafon, 
 we humbly apprehend, they never 
 have taxed Ireland, or any other of 
 the fubjefts without the realm. 
 
 But were it ever fo clear, that the 
 colonies might in Jaw be reafonably 
 deemed to be reprefented in the ho- 
 nourable houfe of commons, yet we 
 conceive, that very good reafons, 
 from inconvenience, from the princi- 
 ples of true policy, and from the fpi- 
 rit of the Britilh conftitution, may be 
 adduced to fhexv, that it would be for 
 the real intereit of Great-Britain, as 
 well as her colonies, that the late re- 
 gulations mould be refcinded, and 
 the feveral acts of parliament impo- 
 fing duties and taxes on the colonies, 
 and extending the j urifdiclion of the 
 courts of admiralty here, beyond 
 their ancient limits, mould be re- 
 pealed. 
 
 We fliall not attempt a minute de- 
 tail of all the reafons which the wif- 
 dom of the honourable houfe may 
 fuggeft, on this occafion, but would 
 humbly fubmit the following parti- 
 culars to their conficleration. 
 
 That money is already become 
 very fcarce in thefe colonies, and is 
 ftill decreafing by the neccilary expor- 
 tation of fpecie from the continent, 
 for the discharge of our debts to 
 Britifh merchants. 
 
 That an immenfely heavy debt is 
 yet due from the colonies for Britilh 
 manufactures, and that they are ftill 
 heavily burthened with taxes to dif- 
 charge the arrearages due for aids 
 granted by them in the late war. 
 
 That the balance of trade will ever 
 be much againil the colonies, and in 
 favour of Great-Britain, whilft we 
 confume her manufactures, the de- 
 mand for which muft ever increafe in 
 proportion to the number of inhabi- 
 tants fettled here, with the means of 
 purchafing them. We therefore hum- 
 
 C U M . E N T S, 33 
 
 bly conceive it to be the intereilof 
 Great-Britain, to increafe, rather 
 than diminifh, thofe means, as the 
 profits of all the trade of the colonies 
 ultimately center there to pay for her 
 manufacture?, as we are not allowed 
 to purchafe elfewhere; and by the 
 confumptiorv of which, at the ad- 
 vanced pricefrhe Britim taxes oblige 
 the makers and venders to fet on 
 them, we eventually contribute very 
 largely to the revenue of the crown. 
 
 That from the nature of American, 
 bufmefs, the multiplicity of fuits and 
 papers ufed in matters of fmall value, 
 in a country where freeholds are fo 
 minutely divided, and property fo 
 frequently transferred, a ftamp duty 
 muft ever be very burthemfome and 
 unequal. 
 
 That it is extremely improbable 
 that the honourable houfe of commons 
 mould, at all times, be thoroughly 
 acquainted with our condition, and 
 all facts requifite to a juil and equal 
 taxation of the colonies. 
 
 It is alfo humbly fubmitted, Whe- 
 ther there be not a material diftinc- 
 tfon in reafon and found policy, at 
 leaft, between the neceffary exercife 
 of parliamentary jurifdiction in gene- 
 ral acts, for the amendment of the 
 common law, and the regulation of 
 trade and commerce through the 
 whole empire, and the exercife of 
 that jurifciiclion, by impofmg taxes 
 on the colonies. 
 
 That the feveral fubordinate pro- 
 vincial legiflatures have been moulded 
 into forms, as nearly refembling that 
 of their mother-country, as by his 
 Majefly's royal predeceffors was 
 thought convenient ; and their legif- 
 latures feem to have been wifely and 
 gracioufiy eftablifhed, that the fubjects 
 in the colonies might, under the due 
 adminiftration thereof, enjoy the hap- 
 py fruits of the Britifh government, 
 which in their prefent circumftances 
 they cannot be fo fully and clearly 
 availed of, any other way under thefe 
 forms of government we and our 
 
 F anceftors 
 
PRIOR DOCUMENTS. 
 
 ancieftors have been born or fettled, 
 and have had our lives, liberties and 
 properties prote&ed. The people 
 here, as every where elfe, retain a 
 great fondnefs for their old cuftoms 
 and ufages, and we truft that his 
 Majefty's fervice, and the intereft of 
 the nation, fo far from being ob- 
 ftrufted, have been vaftly promoted 
 by the provincial legiflatures. 
 
 That we efteem our connections 
 with, and dependance on Great-Bri- 
 tain, as one of our greateft bleffings, 
 and apprehend the latter will appear 
 to be fufficiently fecure, when it is 
 considered, that the inhabitants in 
 the colonies have the moil unbounded 
 affection for his Majefty's perfon, 
 family and government, as well as 
 for the mother-country, and that 
 th. ir fubordination to the parliament, 
 is univerfally acknowledged. 
 
 We, therefore, moil humbly en- 
 treat, That the honourable houfe 
 would be pleafed to hear our counfel 
 in iupport of this petition, and take 
 our diftrefTed and deplorable cafe into 
 their ferious confideradon, and that 
 the a6ls and claufes of adts, fo griev- 
 oufly reilraintng our trade and com- 
 merce, impaling duties and taxes on 
 our property, and extending the ju- 
 rifdiclion of the court of admiralty 
 beyond its ancient limits, may be re- 
 pealed ; or that the honourable houfe 
 would otherwife relieve your petition- 
 ers, as in your great wifdom and 
 goodnefs mall feem meet. 
 
 And your petitioners as in duty bound 
 Jball ever pray. 
 
 Then the congrefs adjourned till 
 to-morrow morning, ten o'clock. 
 Tburfday, Qttcver 24, 1765. 
 
 The'congieis met according to ad- 
 journment:. 
 
 The congrefs took into confidera- 
 tion the manner in which their feve- 
 ral petitions mould be preferred and 
 folicited in Great-Britain, and came 
 to the following determination, viz. 
 
 It is recommended by the congrefs, 
 to the feveral colonies, to appoint 
 
 fpecial agents for foliciting relief from 
 their great grievances, and unite 
 their utmoft intereft and endeavours 
 for that purpofe. 
 
 Voted unanimoufly, That the clerk 
 of this congrefs fign the minutes of 
 their proceedings, and deliver a copy 
 for the ufe of each colony and pro- 
 vince. 
 
 By order of the congrefs, 
 
 JOHN COTTON, Clerk* 
 Savannah in Georgia, Sept. 6, 1765. 
 
 (COP Y.) 
 Sir, 
 
 Your letter dated in June laft, ac- 
 quainting me, that the houfe of re- 
 prefentatives of your province, had 
 unanimoufly agreed topropofe a meet- 
 ing at the city of New- York, of com- 
 mittees, from the houfes ofreprefen- 
 tatives of the feveral Britifh colonies 
 on this continent, on the firft Tuef- 
 day in October next, to confult toge- 
 ther on the prefent circumftances of 
 the colonies, and the difficulties to 
 which they are, and muft be reduced , 
 by the operation of the acts of parlia- 
 ment for laying duties and taxes on 
 the colonies, and to confider of an 
 humble reprefentation of their condi- 
 tion to his Majefty and the parlia- 
 ment, and to implore relief, came 
 to hand at an unlucky feafon, it be- 
 ing in the recefs of the general af- 
 fembly of this province ; neverthe- 
 lefs, immediately upon the receipt of 
 your letter, I difpatched expreiTes to 
 the feveral rep refentatives of this pro- 
 vince, acquainting them with the 
 purport thereof, and requefting them 
 to meet at this place without delay, 
 and accordingly they met here on. 
 Monday laft, to the number of fix- 
 teen, being a large majority of the 
 reprefentat;ves of this province, the 
 whole confiding of twenty-five per- 
 fons ; but his excellency our governor 
 being applied to, did not think ic 
 expedient to call them together on 
 the occalion, which is the reafon of 
 their not fending a committee, as 
 propofed by your houfe, for you may 
 
 be 
 
PRIOR DO 
 
 beafiured, Sir, thatnoreprefentatives 
 on this continent can more fmcerely 
 concur in the meafures propofed, than 
 do the reprefentatives of this pro- 
 vince now met together, neither can 
 any people, as individuals, more 
 warmly efpoufe the common caufe of 
 the colonies, than do the people of 
 this province. 
 
 The gentlemen now prefent, re- 
 queft it as a favour, you'll be pleafed 
 to fend me a copy of fuch repre- 
 ientation as may be agreed upon by 
 the feveral committees at New-York, 
 and to acquaint me how, and in what 
 manner, the fame is to be lain before 
 the king and parliament, whether by 
 any perfon particularly authorifed for 
 that purpofe, or by the colony agents. 
 The general alTembly of this province 
 Hands prorogued to the 2zd day of 
 October next, which is the time it 
 generally meets for the difpatch of 
 the ordinary bufmefs of the province ; 
 and I doubt not the reprefentatives of 
 this province will then, in their leg il- 
 lative capacity, take under confide- 
 ration the grievances fo juftly com- 
 plained of, and tranfmit their fenfe 
 of the fame to Great-Britain, in fuch 
 way as may feem beft calculated to 
 obtain redrefs, and fo as to convince 
 the filler colonies of their inviolable 
 attachment to the common caufe. I 
 am, Sir, your moft obedient, and 
 moil humble ferva,nt, 
 
 ALEXANDER WILLY. 
 To Samuel White, Efy. Speaker of 
 
 the Houje of Reprefentatives of 
 
 frlajjachufetts, CSV, 
 
 New- Hampshire. 
 
 Mr. Speaker laid before the houie 
 a letter from the honourable -Speaker 
 of the honourable houfe of repre 
 fentatives of the province of the 
 Mafiachufetts-bay, to the Speaker of 
 this aiTembly, propofmg a meeting of 
 committees, from the feveral aflem- 
 blics of the Britifh colonies on the 
 continent, at New- York, to confider 
 of a general, united, dutiful, loyal, 
 
 C XT M E N T S. 35 
 
 and humble reprefentation of our cir- 
 cumftances, arid for imploring his 
 Majefty and the parliament for relief: 
 which being read, 
 
 Refolved, That notwithftanding we 
 are fenfible fuch reprefentation ought 
 to be made, and approve of the pro- 
 pofed method for obtaining thereof, 
 yet the prefent fituation of our govern- 
 mental affairs will not permit us to 
 appoint a committee to attend fuch 
 meeting, but fhall be ready to join in 
 any addrefs to his Majelly and the 
 parliament we may be honoured with 
 the knowledge of, probable to anfwer 
 the propofed end. 
 
 A. CLARKSON, Clerk. 
 
 The two foregoing letters are true 
 copies from the original. 
 
 Atteft. JOHN COTTON, Clerk. 
 
 Adjourned to to-morro % ,v morning 
 nine o'clock. 
 
 Friday, Qttober 25, 176$. 
 
 The congrefs met according to ad- 
 journment. 
 
 Time not permitting the clerk to 
 make copies at large, of the proceed- 
 ings of the congrefs, for all the co- 
 lonies, they think it proper, fhould 
 be furnifhed therewith ; 
 
 Refolved, That the gentlemen from 
 theMalTachufetts-bay be requeued to 
 fend a copy thereof to the colony of 
 New Hampfhire ; the gentlemen of 
 Maryland to Virginia ; and the gen- 
 tlemen of South Carolina to Georgia, 
 and North Carolina. Signed per 
 order, J. COTTON, Clerk. 
 
 An account of the difpoiition of the 
 ..500 granted by ordinance, and 
 received of the treafurer, by Wil- 
 liam Murdock, Edward Tilghraan, 
 and Thomas RinggoW. 
 
 To cadi paid the whole "| 
 
 expences of the- com- 1 JT. s. d* 
 mittee to New- York, [138 14 I 
 there and back again. J 
 
 To cafli paid exprefs to 1 
 New York, to give t 15 
 notice of our coming, j 
 
P R I 
 
 Brought over 
 
 To paid for exprefs, to 
 fend a copy of our 
 proceedings to the 
 Speaker of Virginia. 
 
 To paid for a bill of ex- 
 change, to remit to 
 Charles Garth, Efq; 
 with the addrefs and 
 
 OR D 
 
 
 
 '53 
 
 o 
 
 s. d. 
 
 14 I 
 
 I 10 
 
 C U M E N T S. 
 
 By cafh received of the Treafurer in 
 gold, .500, at 5/6 per dwt. as 
 follows ; 
 
 L> ' d. 
 
 409 Spanifh pifloles, at 27/. 53-23 
 5 Half Johannes, at 57/6. 14 7 6 
 4 French piftoles, at 26/6. 5 6 
 i Moidore, . - - 236 
 
 I Half ditto, 1 - - 119 
 
 ^247 
 
 10 
 
 petitions 1507. fter- | 
 Jing, at 65 per cent, j 
 exchange. J 
 
 Cafh remaining in hand j 
 127 piftoles, and (.172 
 188. 
 
 7 8 
 
 575 
 
 575 
 
 SIR, Gaoler 26, 1765. 
 We had the honour to be appointed 
 "by the houfe of reprefentatives of the 
 province of Maryland, a committee, 
 to meet committees of the members of 
 afTembly of the other colonies on this 
 continent, at New York, the firft of 
 this inftant, to join in a general, and 
 united, dutiful, loyal, and humble 
 reprefentation of the conditicn of thofe 
 colonies, to his Majefty and the par- 
 liament, and to implore relief from 
 the grievous burthens lately laid upon 
 our trade, and the taxes and duties 
 lately impofed on us, efpecially by 
 the Stamp- aft. 
 
 Accordingly members from nine 
 colonies met, to wit, from the Maf- 
 fachufetts-bay, Connecticut, Rhode- 
 illand and Providence plantations, 
 New- York, New-Jerfey, Pennfyl- 
 vania, the government of the coun- 
 ties of Newcaftle, Kent, and SufTex, 
 upon Delaware, Maryland, and South 
 Carolina, but as you'll find the ad- 
 drefs, &c-. figned only by members 
 from fixj of thofe colonies, it may be 
 proper to acquaint you "with the 
 reafons why they did not all iigc, 
 though they all concurred with the 
 proceedings. 
 
 7 he lieutenant-governor of New- 
 York prorogued their affembly from 
 time to time, fo that their houfe had 
 not an opportunity of appointing 
 
 members with full powers to join, 
 and fign the addrefs, &c. Yet the 
 aflembly of New- York having, at 
 their laft meeting, appointed five of 
 their members as a committee, not 
 only to correfpond with their agent at 
 home, but alib during the recefs of 
 the houfe, to wrke to and correfpond 
 with the feveral afTemblies, or com- 
 mittees of affemblies on this con- 
 tinent, on the fubjeft matter of the 
 feveral late a&s of parliament, fo 
 grievous and dangerous to their colo- 
 nies, it was thought proper to admit 
 this committee to join in the con- 
 ferences, and they agreed to vhat 
 was done, and promifed to ufe their 
 endeavours with their affembly to 
 concur alfo whenever they mould be 
 permitted to meet. 
 
 The South-Carolina afTembly, not 
 rightly viewing the propofal (which 
 originally came from the affembly of 
 the government of the Maflachufetts - 
 bay) as it was intended that the 
 feveral committees, when met, mould 
 frame and iign an addrefs to his Ma- 
 jefty, and memorial and petition to 
 the parliament, to be immediately 
 difpatched by the congrefs, inilru&ed 
 their members (Mefirs. Lynch, Rut- 
 ledge, and Gadfden) to return their 
 proceedings to them for approbation. 
 The Connecticut affcmbly made the 
 fame reftriclions in their initructions. 
 
 The 
 
PRIOR DO 
 
 The afiembly alfo of New Hampmire 
 wrote, tha,t they had refolved, That 
 notwithftanding they were fenfible 
 fuch a repreientation ought to be 
 made, and approved of the propofed 
 method for obtaining thereof, yet the 
 prefent fituation of their governmental 
 affairs would not permit them to ap- 
 point a committee to attend fuch 
 meeting, but mould be ready to join 
 in any addrefs to his Majefty and the 
 parliament they might be honoured 
 with the knowledge of, probable to 
 anfwer the propoled end : and the 
 Speaker of the afTembly of Georgia 
 wrote, that a majority of their mem- 
 bers had applied to the governor to 
 call their afiembly, and he did not 
 think it expedient, which was the 
 reafon they did not fend a committee 
 as propofed, but requeiled us to tranf- 
 mit a copy of our proceedings to 
 them (which will be done) and that 
 their affembly would meet about this 
 time, and he did not doubt but they 
 mould aft fo as to convince the filter 
 colonies of their inviolable attachment 
 to the common cauie : we alfo under- 
 ftocd the North- Carolina, and we 
 know the Virginia afTembly was pro- 
 rogued, whereby they could not have 
 the opportunity of joining us ; fo that 
 we doubt not but the colonies who 
 have not figned,, will very fpeedily 
 tranfmit fimilar addreftes, &c. if their 
 aftemblies mould not be hindered 
 from meeting : and to this purpofe, 
 we hope you'll foon hear from the 
 affembly of South-Carolina. By the 
 gentlemen of that colony we were fa- 
 voured with a fight of your late letters, 
 and informed of your careful andfpirit- 
 d conduct with regard to the interefts 
 of thr.t colony, and that, together with 
 your declaration which we find in thofe 
 letters, that you enjoy an independent 
 feat in the Britifh parliament, induced 
 us (as we have no eftabliihed agent at 
 prefent, for this province, nor have 
 yet been able to obtain a law to tax 
 ourfeives for that purpofe) to trouble 
 you with our requeit, that you will 
 prefent the inciofed add/efs to his 
 
 C U M E N T S. 37 
 
 Majefty, and memorial and petition 
 to the houfes of parliament, and exert 
 your utmoft intereft and abilities in. 
 behalf of this poor diftrefied country, 
 and of this province in particular. 
 
 We hope, as there is a change in 
 the miniftry, and as the gentlemen in 
 the houfe of commons may, at their 
 next meeting, take a more enlarged 
 view of the true intereft of Great- 
 Britain and her colonies, they will 
 find it to be in fupporting the rights 
 and encouraging the trade of the 
 latter,- and that the happinefs of the 
 mother-country and her colonies muft 
 be infeparable, and that we mall 
 obtain relief. 
 
 The feveral committees agreed to 
 recommend it to their refpeclive co- 
 lonies, to appoint fpecial agents on 
 this occaiion, and to inftruct them to 
 unite their utmoft intereft and en- 
 deavours for that purpofe. One ad- 
 drefs, &c. was tranfmitted by the 
 gentlemen of the Maflachufetts go- 
 vernment, immediately to their agent 
 (Mr. Jackicn we undcrftood) and we 
 expect the other colonies will have 
 duplicates fent to their agents, and 
 we hope -will all unite in expence and 
 inftructions, to have able counfel be- 
 fore both the lords and commons, as 
 our petitions pray. 
 
 We were intrufted with the dif- 
 pofition of fome money upon this oc- 
 cafion, and inclofe you a bill of 
 exchange, on Meffrs. Capel and Of- 
 good Hanbury, for one hundred and 
 fifty pounds fterling, as a compen- 
 fation for your trouble and expence in 
 this affair. We doubt not our af- 
 fembly will approve of what we do in 
 this matter ; and as they are to meet 
 the laft of this month, we fnall lay 
 pur proceedings before them, and it 
 is probable they will write you more 
 fully, and furnifli you with fuch 
 further inftru&ions and argumen 
 may appear to them to be proper to 
 be given and urged on this occafiori, 
 in behalf of the colonies. We are, 
 your molt obedient fervants. 
 (End of the proceedings of the Congrefs.) 
 
 The 
 
3* P R I O R D O 
 
 The fum expected to be raifed by the 
 Samp-duty, was . 1 00,000 per annum. 
 
 On the 9th of July 1765, the board 
 cf treafury (in London) entered upon 
 their books the following minute : 
 ** That, in order to obviate the in- 
 convenience of bringing into this 
 kingdom the money to be raifed by 
 the ftamp duties, all the produce of 
 the American duties, arifmg or to 
 arife by virtue of any Britiih act of par- 
 liament, mould from time to time be 
 3?aid to the deputy pay-mafter in Ame- 
 rica, to defray the fubfiftence of the 
 troops, and any military expences in- 
 curred in the colonies." 
 
 In June 1765, the king thought 
 j#operto difmifs his minifters. The 
 Marquis of Rockingham was appoint- 
 ed firft lord of the treafury, and 
 ethers, his lordfnip's friends, fuc- 
 ceeded to the vacant places. 
 
 The refolutions of the houfe of bur- 
 gefles of Virginia (in pages 6 and 7) 
 feeing laid before the new board of 
 tirade, they, on the 27th of Auguft, 
 yeprefented to Uie king in council, 
 '* That the refolutions, as they con- 
 gam an abfolute difavowal of the right 
 cf the parliament of Great-Britain to 
 impofe taxes upon her colonies, and a 
 ckring attack upon the conlUtution of 
 this country, appear to us to require 
 an immediate and fcrious attention ; 
 and whatever further meafures your 
 IMajefty may, with the advice or your 
 council, judge proper to be taken 
 either tor expreffmg your royal difap- 
 p jobation of thefe proceedings, or for 
 preventing the fatal confequences 
 which they naturally tend to produce, 
 we think it our duty to fubmit to your 
 Majefty's confideration, whether, in 
 the mean time, it may not be ex- 
 pedient to difpatch im mediate inilruc 
 toons to your Majefty's fervants in 
 yoar Majefty's colony of Virginia, 
 who may be concerned in enforcing 
 the execution of the law for levying 
 the duty upon ftamps, that they cio 
 each in their feveral department, in 
 fopport of the authority of parliament, 
 TJj*orouily exert themfelves, and, with 
 
 C U M E N T S. 
 
 becoming refolution upon every oo 
 cafion, exact a due obedience to aU 
 the laws of the land." 
 
 This reprefentation was referred to 
 the privy council. 
 
 On the 3d of October, 1765, the 
 privy council reported to the king, 
 " That this is a matter of the utmoft 
 importance to the kingdom and legif- 
 lature of Great Britain ; and of too 
 high a nature for the determination of 
 your Majefty in your privy council, 
 and is proper only for the confide- 
 ration of Parliament." 
 . The refolutions of the other aflem- 
 blies of the colonies were in like 
 manner reprefented to the king by 
 the new board of trade, and referred 
 to the privy council, who reported of 
 them in fimilar terms. 
 
 Parliament, howev.er, did not meet 
 for bufmefs till January 1766, when 
 the following papers were laid beiore 
 both houfe?. 
 Copy of a letter from Mr. Secretary Con- 
 
 way, to Lieutenant Governor Fauquier. 
 SIR, Sept. 14, 1765. 
 
 It is with the greateft pleafure I 
 received his Majefty's commands to. 
 declare to you his mod gracious ap- 
 probation of your conduct. His Ma- 
 jefty and his fervants are fatisfied, 
 that the precipitate refolutions you 
 fent home did not take their rife from 
 any remifihefs or inattention in you ; 
 nor is his Majefty at all inclined to- 
 fuppofe, that any inftance of dif- 
 fidence or difTatis faction could be 
 founded in the general inclination of 
 his antient and loyal colony of Vir- 
 ginia ; the nature of the thing and 
 your reprefentations induce a per- 
 fuafion, that thofe ill-advifed refo- 
 lutions owed their birth to the violence, 
 of fome individuals, who taking the 
 advantage of a thin affembly, ib far 
 prevailed, as to publifh their own- 
 unformed opinions to the world as 
 the fcntiments of the colony. But his 
 Majefty, Sir, will not, by the pre- 
 valence of a fe\y men, at a certain 
 moment- 
 
PRIOR DOCUMENT 
 
 moment, be perfuaded to change the 
 opinion, or leiTen the confidence, he 
 has always entertained of the colony 
 of Virginia ; which has always ex- 
 perienced the protection of the crown. 
 His Majefty's fervants, therefore, with 
 entire reliance on your prudence, and 
 on the virtue and wifclom of the 
 colony entrufted to your care, perfuade 
 themfelves, that when a full aflembly 
 lhall calmly and maturely deliberate 
 upon thofe refolutions, they will fee, 
 and be themfelves alarmed at, the 
 dangerous tendency and inifchievous 
 confequences which they might be 
 productive of, both to the mother 
 country and the colonies, which are 
 the equal objects of his Majeily's pa- 
 rental care ; and whofe mutual hap- 
 pinefs and profperity certainly require 
 a confidential reliance of the colonies 
 upon the mother country. 
 
 Upon thefe principles, Sir, and 
 upon your prudent management, and 
 a proper reprefentation to the wife 
 and fober part of the people, how 
 earneft his Majefty is to extend the 
 happy influence of his fatherly care 
 over every part of his dominions, it 
 is expected that a full aliembly will 
 Form very different refoiutions, fuch 
 as may cement that union, which 
 alone can eilablifh the fafety and 
 prolperity of the colonies and the 
 motaer country. 
 
 As there is no intention in the 
 crown to attempt, nor in the king's 
 fervants to advife, any incroachments 
 on the real rights and liberties of any 
 part of his Majeity's fubjects ; fo 
 neither will his Majeily undoubtedly 
 fubmit, or his fervants auviie, under 
 any circumftances, that the refpect 
 which is due to parliament, and which 
 is neceffary for the good of the whole 
 Britifh empire, mould any where be 
 made a facrince to local and dan- 
 gerous prejudices. 
 
 As this important matter is, how- 
 ever, now before his Majefty's privy 
 council, as well as the other con- 
 fideration of the dangerous riot and 
 
 mutinous behaviour of the people oii 
 the frontiers, I mail not pretend to 
 give any advice or instructions on thefe 
 fubjects ; not doubting, but you 
 will foon have the fulleft from the 
 wifdom of that board, in all thole 
 things, in which, by your laft ac- 
 counts, the moft efTential interefts of 
 the colony are fo deeply concerned. 
 
 You will therefore, in the mean 
 time, be very attentive, by every 
 prudent meafure in your power, at 
 once to maintain the juft rights of the 
 Britim government, and to preferve 
 the peace and tranquillity of the pro- 
 vinces committed to your care. 
 
 But as thefe appear to me matters 
 of government fit for his Majefty's 
 more immediate notice and infor- 
 mation, I muft beg you will not fail to 
 tranfmit to me fuch occurrences, from 
 time to time, on thefe heads, as you 
 may deem of importance in the light 
 I mention. I am, &c. 
 
 H. S. CONWAY. 
 
 Extrafl of a letter from Mr. Secretary 
 Connuay, to Major General Gage* 
 SIR, Q8obcr 24., 1765. 
 
 It is with thegreateft concern, that 
 his Majefty learns the difturbances 
 which have arifen in fome of the 
 "North American Colonies : thefe 
 events will probably create applica- 
 tion to you, in which the utmoft ex- 
 ertion of your prudence may be ne- 
 cefl'ary; fo as juftly to temper your 
 conduct between that caution andcool- 
 nefs, which the delicacy of fuch a ii- 
 tuation may demand on one hand, and 
 the vigour neceifary to fupprefs out- 
 rage and violence on the ether. It is 
 irnpoflible, at this diilance, to aflift 
 you by any particular or pofitive in- 
 ftruction, becaufe you will find your- 
 felf necefTarily obliged to take your 
 refolution as particular circumftances 
 and emergencies may require. 
 
 It is hoped, and expected, that 
 this want of confidence in the juftice 
 and tendernefs of the mother coun- 
 try, and this open refinance to its au- 
 thority, 
 
PRIOR DOCUMENTS. 
 
 thority, can only have found place 
 among the lower and more ignorant 
 of the people. The better and wifer 
 part of the colonies will know, that 
 decency and fubmiffion may prevail, 
 not only to redrefs grievances, but to 
 obtain grace and favour, while the 
 outrage of a public violence can ex- 
 pect nothing but feverity and chaftife- 
 ment. You, and all his Majefty's 
 fervants, from a fenfe of your duty 
 to, and love of, your country, will 
 endeavour to excite and encourage 
 thefe fentiments. 
 
 If, by lenient and perfuafive me- 
 thods, ypu can contribute to reftore 
 that peace and tranquillity to the pro- 
 vinces, on which their welfare and 
 happinefs depend, you will do a moil 
 acceptable and effential fervice to your 
 country : but having taken every 
 ftep which the utmoil prudence and 
 lenity can dictate, in compaffion to 
 the folly and ignorance of fome mif- 
 guided people, you will not, on the 
 other hand, where your affiilance may 
 be wanted to ftrengthen the hands of 
 government, fail to concur in every 
 proper meafure for its fupport, by 
 luch a timely exertion of force, as may 
 be neceiTary to repel acts of outrage 
 and violence, and to provide for the 
 maintenance of peace and good order 
 in the provinces. 
 
 Copy of a Letter from Mr. Secretary 
 Con-iuay, to Governor Bernard. 
 
 SIR, Qtlober 24, 1765. 
 
 Your letters of the 1 5th, i6th, zzd, 
 and 3 1 it of Auguft, have been receiv- 
 ed ; the three former not till yefter- 
 day. 
 
 It is with the greateft concern his 
 Majefty learns the difturbances which 
 have lately arifen in your province, 
 the general confufion that feems to 
 reign there, and the total languor 
 and want of energy, in your govern- 
 ment, to exert itielf with any dignity 
 or efficacy, for the fuppreffion of tu- 
 mults, which feem to ftrike at the 
 very being of all authority and fubor- 
 
 dination among you. His Majefty 
 cannot but, with the greateftfurprize, 
 hear of the refufal of your council to 
 call for the aid of any regular force to 
 the fapport of the civil magiilracy, at 
 a time when, it feems, you had rea- 
 fon to think, there was no other 
 power capable of providing for the 
 peace and quiet of the province. 
 
 Nothing can, certainly, exceed the 
 ill-ad vifed and intemperate conduct 
 held by a party in your province, 
 which can in no way contribute to the 
 removal of any real grievance they 
 might labour under, but may tend to 
 obilruct and impede the exertion of 
 his Majefty's benevolent attention to 
 the eafe and comfort, as well as the 
 welfare, of all his people. 
 
 It is hoped, and expected, that this 
 want of confidence in the juftice and 
 tendernefs of the mother country, and 
 this open reliilance to its authority, 
 can only have found place among the 
 lower and more ignorant of the peo- 
 ple ; the better and more wife part of 
 the colonies will know, that decency 
 and fubmiffion may prevail, not only 
 to redrefs grievances, but to obtain 
 grace and favour, while the outrage 
 of a public violence can expect nothing 
 but feverity and chaftifement. Thefe 
 fentiments, you, and all his Majefty's 
 fervants, from a fenfe of your duty to, 
 and love of, your country, will endea- 
 vour to excite and encourage : you 
 will all, in a particular manner, call 
 upon them not to render their cafe 
 defperate ; you will, in the ftrongeft 
 colours, reprefent to them the dread- 
 ful confeqaences that muft inevitably 
 attend the forcible and violent refift- 
 ance to acts of the Britilh parliament, 
 and the fcene of mifery and diftrac- 
 tion to both countries, inieparable 
 from fuch a conduct. 
 
 if, by lenient and perfuafive me- 
 thods, you can contribute to reilore 
 that peace and tranquillity to the pro- 
 vinces, on which their welfare and 
 happinefs depend, you will do a moil 
 acceptable ancUflential fervice to your 
 country ; 
 
C U M E N T S. 41 
 
 utmoft exertion of your prudence will 
 
 PRIOR DO 
 
 country ; but having taken every ftep 
 
 which the utmoft prudence and lenity be neceflary, fo as juftly to temper 
 
 your conduct between that caution 
 and coolnefs which the delicacy of 
 fuch a Situation may demand, on the 
 one hand, and the vigour necefTary to 
 fupprefs outrage and violence, on the 
 other. It is impoffible, at this dif- 
 tance, to aflift you, by any particular 
 or pofitive inftruction ; becaufe you 
 will find yourfelf necefTarily obliged 
 to take your refolution, as particular 
 circumftances and emergencies may 
 require. 
 
 His Majefty, and the fervants he 
 honours with his confidence, cannot 
 but lament the ill-advifed intemper- 
 ance Ihewn already in fome of the 
 provinces, by taking up a conduct, 
 which can in no way contribute to the 
 removal of any real grievance they 
 might labour under, but may tend to 
 obftruct and impede the exertion of 
 his Majefty's benevolence and atten- 
 tion to the eafe and comfort, as well 
 as the welfare, of all his people. 
 
 It is hoped and expected, that this 
 want of confidence in the juftice and 
 tendernefs of the mother-country, and 
 this open refiftance to its authority, 
 can only have found place among the 
 lower and more ignorant of the peo- 
 ple. The better and wifer part of the 
 colonies will know, that decency and 
 fubffiiffion "may prevail, not only to 
 redrefs grievances, but to obtain grace 
 and favour, while the outrage of a 
 public violence can expect nothing 
 but feverity and chaftifeinent. Theie 
 fentiments you, and all his Majefty's 
 fervants, from a fenfe of your duty to, 
 and love of, your country, will endea- 
 vour to excite and encourage. 
 
 Y'ou will all, in a particular man- 
 ner, call upon them not to render 
 their cafe defperate. You will, in- 
 theftrongeft colours, reprefent to them 
 the dreadful conferences that muft 
 inevitably attend the forcible and vio- 
 lent refiftance to acts of the Britifh 
 parliament, and the fcene of mtfery 
 and calamity to themfelvcs, and of 
 G mutual 
 
 can dictate, in companion to the folly 
 and ignorance of fome mifguided peo- 
 ple, you will not> on the other hand, 
 fail to ufe your utmoft power for re- 
 pelling all afts of outrage and vio- 
 lence, and to provide for the main- 
 tenance of peace and good order in 
 the province, by fuch a timely exer- 
 tion of force, as the occafion may re- 
 quire ; for which purpofe, you will 
 make theproper applications to Gene- 
 ral Gage, or Lord Colvil, command^- 
 ers of his Majelty's land and naval 
 forces in America : for however un- 
 willing his Majefty may confent to 
 the exertion of fuch powers as may 
 endanger the fafety of a fingle fub- 
 ject, yet can he not permit his own 
 dignity, and the authority of the Bri- 
 tifh legiflature, to be trampled on by 
 force and violence, and in avowed 
 contempt of all order, duty and de- 
 corum. 
 
 If the fubject is aggrieved, he 
 knows in what manner legally and 
 conftitutionally to apply for relief: 
 but it is not fuitable, either to the 
 fafety or dignity of the Britifh em- 
 pire, that any individuals, under the 
 pretence of redreffing grievances, 
 mould prefume to violate the public 
 peace. I am, fcc, 
 
 H. S. CONWAY. 
 
 P. S. The /loop which cn.uco this 
 will can - u-ders to Lord Colvil, and 
 to the Governor of Nova-Scotia, to 
 fend to your ailiilance any force which 
 maybe thought neceffary from thence, 
 and which that province can fupply. 
 
 Copy of Mr. Secretary Coaiuay's circu- 
 lar Istlcr to the Governors in North- 
 America. 
 
 SIR, October 24, 1765. 
 
 It is with the greateft concern, that 
 his Majefty learns the difturbances 
 which have arifcn in fome of the 
 North- American colonies : if this 
 evil fticuld fpread to the Government 
 of , where you prefide, the 
 
4* PRIOR DO 
 
 mutual vveaknefs and diftraclion to 
 both countries, infeparable from fuch 
 a conduft. 
 
 If, by lenient and perfuafive me- 
 thods, you can contribute to reftore 
 that peace and tranquillity to the pro- 
 vinces, on which their welfare and 
 happinefs depend, you will do a moft 
 acceptable and eiTential fervice to your 
 country : but having taken every ftep 
 which the utmoft prudence and lenity 
 can dictate, in compaflion to the folly 
 and ignorance of fpme mifguided peo- 
 ple, you will not, on the other hand, 
 fail to ufe your utmoft power, for re- 
 pelling all acls of outrage and vio- 
 lence, and to provide for the main- 
 tenance of peace and good order in 
 the province, by fuch a timely exertion 
 of force as the occafion may require ; 
 for which purpofe, you will make the 
 proper applications to general Gage, 
 or lord Colville, commanders of his 
 Maj city's land and naval forces in 
 America. For however unwillingly 
 his Majefty may confent to the 
 exertion of fuch powers as may en- 
 danger the fafety of a fmgle fubjecl: ; 
 yet can he not permit his own dig- 
 nity, and the authority of the Britiili 
 legislature, to be trampled on by 
 force and violence, and in avowed 
 contempt of all order, duty and de- 
 corum. 
 
 If the fubjecl: is aggrieved, he 
 knows in what manner legally and 
 constitutionally to apply for relief; 
 but it is not fuitable, either to the 
 fafety or dignity of the Britifh empire, 
 that any individuals, under the pre- 
 tence of redre'Iing grievances, fhould 
 prefurne to violate the public peace. 
 I am, &c. 
 
 H. S. CONWAY. 
 P. S T0 Governor Wilmot. 
 You will probably receive application 
 from governor Bernard, to fend 
 him part of the force which may 
 be within your government. Lord 
 Cclville has command to tranipcrt 
 them ; and you will be very atten- 
 tive, that the public fervice fhould 
 
 C U M E N T S. 
 
 fufFer no impediment from any delay 
 in you, when fuch application is 
 made. 
 
 Extract of a letter from Mr. Secretary 
 Conway, to Major-General Gage. 
 
 SIR, December 15, 1765. 
 
 I Had the favour of your letters of 
 the 4th, 8th, and 9th of November 
 laft, by which I learn, with the ut- 
 moft concern, the difordered ftate of 
 the province where you refide, and 
 the very riotous and outrageous beha- 
 viour of too many of the inhabitants. 
 I did not fail to lay your difpatches, 
 together with thofe of lieutenant- 
 governor Golden, before his Majefty, 
 who, though highly provoked by fuch 
 an infylt offered to his governor there, 
 is however pleafed to hear, that mat- 
 ters were not pufhed to fuch extremity, 
 as might have coft the lives of many 
 of his fubjects, and perhaps have 
 tended, as you feem apprehenfive, to 
 the great detriment, if not ruin, of 
 the town of New- York ; particularly 
 if the fort had fired on that infolent 
 and infatuated mob which fo pro- 
 vokingly approached. The temper 
 ihewn, as well by lieutenant-governor 
 Golden, as by the officers there, is 
 highly, to be commended. His Ma- 
 jefty k willing to fuppofe, that both 
 yourfelf and governor Golden have 
 acled on principles of duty to his 
 fervice, in the advice and refolution 
 formed to put the ftampt paper into 
 the hands of the magiftrates of New- 
 York ; which, however, unlefs the 
 neceflity for it appeared very prefling, 
 muft certainly be looked upon as a 
 ftep greatly humiliating and dero- 
 gating to his Majeiiy's government. 
 
 If the poll was not tenable, or the 
 pr.pers in'ecure there, it fhould ieem 
 niucn preferable to have put them on 
 board the man of war, as was pro- 
 poied : nor docs there appear any 
 good rcafon, why captain Kennedy re* 
 ruled to take them. It is diilicult, at 
 this diftcnce, to judge with the fame 
 propriety of conducl, to be held on 
 occafion s 
 
PRIOR DOCUMENTS. 43 
 
 occafions of fuch difficulty and im- honour of government, and for fup- 
 portance, as on the fpot. Had the preffing any riotous or rebellious re- 
 perfonal fafety of thofe in the fort fiftance offered to the laws, or thofe 
 alone been confidered, I am perfuaded, magiftrates who have the execution of 
 there would not have been a moment's them. 
 
 hefitation about the defence of it, I hope my former letters are come 
 againft any attack that might rafhly fafe, as they <will have conveyed to you 
 have been attempted : nor can his his Maje/fy's fentiments and commands 
 Majefty fuppoie any want of refolution for your condutt, on the firft notice of 
 for his fervice, in thofe who have, in thefe difturbances . 
 
 their different ftations, given fo many . 
 
 proofs of their regard to it. It mould 
 otherwife feem, that the reality of 
 the mobs being armed, and prepared 
 for an actual attack, mould have been 
 well ascertained before the papers 
 
 were given up. 
 
 The itep you have thought fit to 
 
 Copy of a letter from Mr. Secretary 
 Con-ivay, to Lieutenant - Governor 
 C olden. 
 
 SIR, December 15, 1765. 
 
 I Have received your letter of the 
 5th of November by major James, 
 and that of the th of the fame 
 
 take, in drawing together fuch forces month by the pacquet, with the mi- 
 
 as their fituation allowed, was cer- 
 tainly prudent, and could not be too 
 foon determined, on any pofitive 
 grounds, to fufpect an iniurrection ; 
 
 nutes of the council of New- York, 
 from the 31 ft of October to the 6th 
 of November, &c. From your laft 
 letter, I have hopes that time will 
 
 and efpecially in regard to the fecuring produce a recollection, which may 
 his Majeity's flcres, a circumftan e lead thefe unhappy people back to a 
 which will ftijl demand your greateft fenfe of their duty ; and that, in the 
 attention \ and particularly thofe 
 \shich may be feized by the 
 
 mean time, every -proper and practi- 
 cable meafure will be taken to aw 
 that licentious fpirit, which has hur-> 
 ried them to thofe acts of outrage and 
 violence, equally dangerous to the 
 fober and well-difpofed part of the 
 
 arrm 
 
 mob for their own mutinous purpofes. 
 
 Your fituation is certainly debate 
 and difficult, it requires both prudence 
 and firmneis in the conduct of all em- 
 ployed in his Majefty's fervice there ; people, the eafe and quiet of the city, 
 efpecially, considering what you fay and fubverfive of all order and au* 
 of the difficulty, or rather impoffibility, thority among them, 
 of drawing any confiderable number of Sir Henry Moore: wil^certainly be 
 men together, and of the impractica- arrived before :his reaches you*; it is 
 bility of attempting any thing by expected, therefore, Sir, from your 
 force, in the prefent diipofition of the knowledge of the country and people, 
 people, without a refpectable body of that you mould inform the new co- 
 troops. 
 
 You feem to think there are ftill 
 hopes, that as the fpirits of thofe 
 
 unhappy people have time to cool, 
 there will be more fubmiffion Ihewn j 
 your will not fail, I am perfuaded 
 
 f\ i r \ r 
 
 vernor of every thing neceflary for his 
 knowledge, as well refpecting the 
 ftate of things, as the characters and 
 difpofitions of men in that country. 
 He will fee that, by his inftructions, 
 he is empowered to fufpend members 
 
 in your ftation, to avail yourielf of of the council, and officers of the law, 
 
 every favourable fymptom for the im 
 provement of fuch favourable dif- 
 po/itions, any more than to exert 
 yourfelf, where the neceffity of the 
 cafe may require, in fupport of the 
 
 who lhall appear to deiire it ; being, 
 in that cafe, only obliged to fend 
 home immediately the reafons and 
 caufes of fuch fufpeijfion. It is not 
 improbable, that fuch times as thefe 
 G 2 ntay 
 
44 ? R I O R DO 
 
 may require the exercife of that 
 power : as it is not doubted the go- 
 vernor will ufe it with difcretion, Co 
 it is expected he fhould not want firm- 
 nefs to ufe it boldly, whenever it may 
 feem ufeful to the King's fervice and 
 the public peace, 
 
 October I, 1765. 
 
 Copy of a Reprefentation of the Lords 
 Commijficners for Trade and Plan- 
 tations, touching the Proceedings and 
 Rtjuhttions of the Houje of Repre- 
 fentati*ves of MLaJfachujet* s Bay , with 
 refpecJ. to the Aci for levying a Duty 
 upon Stamps in America, and to other 
 A8* of the Parliament of Great 
 Britain. 
 To the King's Mojt Excellent Majejly. 
 
 May it phaje your Majefty, 
 The houfe of reprefentatives of 
 ..your Majeily's province of MaiTa- 
 chufet's Buy having, laft year, printed 
 and publiflied, in the journals of their 
 proceedings, a -'letter from a com- 
 mittee of that houfe to their agent 
 Jiere ; in which letter the acts and re- 
 folutions of the parliament of Great- 
 Britain were treated with the moil 
 indecent difrefpect, and principles 
 tending to a denial of the right of 
 parliament to levy taxes upon your 
 Majefty's fubjects in the colonies, 
 were openly avowed ; our predeceilbrs 
 in office thought it their duty to tranf- 
 mit this tran faction to your Majeily's 
 confideration; to the end that fuch 
 directions might be given, as the 
 nature and importance of the matter 
 mould appear to require. 
 
 Since this, and fince the paffing the 
 act of parliament for levying a ftamp 
 duty in America, the grounds of 
 which aft gave rife to the reflexions 
 contained in the above-mentioned 
 letter, the fame fpirit that dictated 
 the fentiments it expreffes, has ap- 
 peared throughout the whole proceed- 
 ings of the faid houfe of repre- 
 fentatives. 
 
 Upon the ele&ion of counfellors, 
 who, by the conititution of this 
 
 C U M E N T S. 
 
 Colony, are annually chofen by the 
 houfe of reprefentatives, the ftrongeft 
 endeavours were ufed to preclude your 
 Majefty's fecretary of ftate, who has 
 always been a member of the council 
 from his feat at that board ; and this, 
 as your Majefty's governor reprefents, 
 merely on account of his having re- 
 ceived an appointment (unfolicited) 
 to be a diftributor of the (lamps : and 
 the motion made in that houfe, to 
 difcontinue the annual falary allowed 
 for the fupport of your Majefty's go- 
 vernor, upon which proceeding we 
 have this day made a feparate repre- 
 fentadon to your Majeily, feems to 
 have arifen from the fame motives. 
 
 Thefe, however, being only at- 
 tempts of individuals in the com- 
 munity, would not either have re- 
 quired or deferved your Majeily's at- 
 tention, in the light in which we 
 view them ; but it further appears, 
 from the journals of the houfe of re- 
 prefentatives in their lail feiilon, that 
 " this ailemb'.y, having thought fit 
 to make the propriety and expediency 
 of the ftamp-act, and of other acts of 
 parliament, a fubject of open queftion 
 and difcuffion," came to feveral re- 
 folutions and proceedings thereupon, 
 which they kept fecret till the laft 
 day of their feffion, when tljey pub- 
 Hihed them in their printed journals 
 Then follow the reiblutions Then 
 the board of trade proceeds thus : 
 The object of the refolutions and 
 proceedings of the houfe of repre- 
 fentatives of MafTachufet's Bay, is 
 to recommend to, and induce, the 
 reft of your Majeily's colonies in Ame- 
 rica, to join in a general congrefs 
 of committees from the feveral af- 
 femblies, independent of the other 
 branches cf the legiilature, and with- 
 out any previous application to your 
 Majefty, to confider and deliberate 
 upon the acts of die parliament of this 
 kingdom. As this appears to us to 
 be the firft inftance of a general con- 
 grefs, appointed by the aifemblies of 
 the colonies without the authority of 
 
 the 
 
PRIOR DO 
 
 tKe crown ; a meafure which we con- 
 ceive of dangerous tendency in itfelf , 
 and mere especially fo, when taken 
 for the purpofes exprefled in the 
 above-mentioned refolution, and con- 
 nected with the fpirit that has ap- 
 
 C U M E N T S. 45 
 
 magistracy there, which - :e~ 
 prcients to be utterly incapable of re- 
 lilting or. fuppreffing thefe tumults 
 and diforders, they feem to us of fucli 
 high importance, that we Jofe no 
 time in laying the letters and papers 
 
 peared throughout "the whole conduct relating thereunto before your Ma- 
 of this particular amenably ; we there- jeity, that your Majefty may direft 
 fore think it our indifpenfible duty to fuch meafures to be purfued, as your 
 lubmit this matter to your Majefty's - : ~"--- - -'-^ - 1 -Ji ~r 
 confideration, for fuch directions as 
 your Majefty, with the advice of your 
 council, may think proper and expe- 
 dient to give thereupon. 
 
 All which is moil humbly fub- 
 mitted, &c. 
 -Whitehall, Oa. I, 1765. 
 
 Majefty, with the advice of your 
 council, mall think moft prudent and 
 effectual. 
 
 Which is in oil humbly fub- 
 mitted, &c, 
 
 Copy of a Rcprefentation from the Board 
 of 'radc, with Jeveral Papers tranf- 
 mittedy relative to the outrageous Be- 
 haviour cf the People at the 'T'own of 
 Bofton, in Qpprijition to the Stamp- 
 Duty sltf. Dated Qtlober ip, 1765. 
 To the King's Mof, Excellent i\<jcjiy. 
 
 May it ph a fe your Majefty, 
 Since our humble reprefentation to 
 your Majefty of the jft inftant, in 
 confequence .of ibme alarming pro- 
 ceedings in the houfe of repfefenta- 
 tives, in the province of Mafiachufet's 
 Bay, we have received letters from 
 
 . , giving an account, of a riot 
 
 of a moft dangerous tendency, which 
 had arilen in the town of Boiton, am} 
 which, directing its fury again ft the 
 houfes and perfons of the lieutenant- 
 governor, and other principal officers 
 of government, cc-itinued with re- 
 peated acts of extraordinary violence, 
 from the i5th of Auguft to the 26th 
 of the fame month ; at which period 
 the tumult feemed fufpended, rather 
 than allayed. 
 
 In whatever light thefe djfturbances 
 jnay be viewed, whether in reipecl of 
 the avowed object, which the perpe- 
 trators and abettors of them declare to 
 b.e a general refolution, to oppofe and 
 prevent the execution of an aft of the 
 parliament of Great-Britain, or in 
 refpeft of the ftate of government and 
 
 Philadelphia, Otf. 12, 1765. 
 Gentlemen, 
 
 Having been confined to my bed 
 twenty-five days paft, with a violent 
 dilbrder that was expedted would 
 have proved mortal, but thank God 
 am now able to fet up in bed, I mall 
 attempt to give you a Iketch of not 
 only my own Conduct, but alfo that 
 of the prefbyterians and proprietary 
 party here, relative to the ftamp- 
 ofiioe. 
 
 . In May laft I received information 
 by a letter from Doctor Franklin, 
 that he had recommended me for chief 
 diliributor cf the Tramps in this pro- 
 vince, and thus the matter retted, 
 until ibme gentlemen to the eaft\vard 
 received their commiffions, where- 
 upon mobs arofe in feveral of the 
 eaftern provinces, and the officers 
 were obliged to refign ; but as a 
 prelude to the deftruction and diforder 
 made by thofe mobs, the printers in 
 each colony, almoft without excepticn, 
 Huffed their papers weekly, for fome 
 time before, with the -moft inflam- 
 matory pieces they could procure, 
 and excluded every thing that tended 
 to cool the minds of the people ; 
 thefe meafures they purfued, until the 
 prefbyterians in particular, in evpry 
 colony, began to threaten the ftamp- 
 officers ; and thofe gentry in this pro- 
 vince, about the beginning of Sep- 
 tember, began to be very noify, a4id 
 fome of them faid, I ought to refign ; 
 
 I gave 
 
PRIOR DOCUMENTS. 
 
 J gave them for anfwer, I had as yet 
 no commiffion, therefore could "not 
 refign what I had not. However, 
 about the middle of September, it 
 was reported that the {lamps would 
 arrive in captain Friend, who was 
 then expected, and thefe riotous gen- 
 try began to threaten they would 
 deftroy the {lamps as foon as they 
 arrived; I therefore being defirous, 
 or as far as in me lay, to preferve the 
 ftamps, wrote on the iyth the letter 
 (No. I.) to his honour the governor, 
 but received no anfvver, and as the 
 ftamps did not arrive in Capt. Friend, 
 matters refted until October the zd, 
 when I received the paper, (No. II.) 
 being a note from Captain William 
 Dovel, a tool of the party, and there- 
 fore I wrote my aniwer (No. III.) to 
 Mr. Dickefon, the owner of the fhip, 
 and on the next day I wrote my letter 
 (No. IV.) to his honour the governor, 
 but received no anfwer, and here 
 matters refted until Saturday the 5th 
 cf October, when I received informa- 
 tion, that the Ihip with the ftamps 
 was come up to the town that day, 
 and that a mob would be collected, 
 by beating mumed drums through the 
 flreet, and ringing the ftate-houfe and 
 church-bells mumed, which was ac~ 
 cordingly done all the afternoon, but 
 at two o'clock the poft arrived with 
 the mail and packet, and, among 
 other things, my commiffion ,- this 
 the party ventured to alledge, becaufe 
 there was a large packet for me ; ac- 
 cordingly the mob collected, chiefly 
 prefbyterians and proprietary emif- 
 faries, with the Chief Juftice's (Mr. 
 William Allen.) fon at their head, 
 animating and encouraging the lower 
 clafs. 
 
 About three o'clock, the following 
 perfoas ; viz. James Tilghman, Efq, 
 a Forney at law, Mefiieurs Robert 
 Morris, Charles Thompfon, Archi- 
 bald M r Call, John Cox, William 
 Kichards, merchants, and Mr. Wil- 
 liam Bradford, printers, came to me 
 on a deputation from a great number 
 
 collected at the State-houfe, to requeft 
 my reiignation. J anfwered, it is 
 true, I now have my commiffion, but 
 as two gentlemen are bound for my 
 
 rrformance, in the fum of .5000, 
 could not refign, unlefs indemnify 
 my bail. Altercations on this head 
 took up near as hour (low as I wis), 
 and at iaft they faid, aH that was ex- 
 peeled of me, was, that I would not 
 put. the act in execution in this pro- 
 vince, until his Majefty's further 
 pkafure was known, or until the aft 
 Ihould be. put in execution in the 
 neighbouring colonies ; to this I 
 thought proper to fignify fome dif- 
 pofition to comply, becaufe I had 
 many informations by my friends, 
 that the mob intended to proceed to 
 the laft extremities, if I did not re- 
 fign ; upon this the deputation with- 
 drew to confult their affociates, and 
 at fix o'clock I received the paper, 
 (No. V.) being a peremptory de r 
 mand ; then the matter refted until 
 Sunday morning, when having re- 
 covered my fpirits a little from the 
 fatigue of that long altercation afore - 
 faid, I looked over the paper, and 
 found it more poiitive than what had 
 been mentioned the day before, and 
 therefore fent for Mr. Charles Thomp- 
 fon, one of the deputation, and aiked 
 him if they were fmcere the day 
 before, or whether they came to wire- 
 draw what they would firft, and then 
 force the reft, becaufe I obferved the. 
 paper fent me did not agree with the 
 proportion made to me ; he faid he 
 was fmcere, and could only anfwer 
 forhimfelf: I replied, well, gentle- 
 men, you muft look to yourfelves, 
 for this is a high affair; he made 
 anfwer, thus I do not know, but 
 hope it will not be deemed rebellion. 
 Indeed, Sir, I know no other name 
 for it Well, fays he, I know not 
 how it may end, for we have not yet 
 determined, whether we will ever 
 fuiFer the acl to take place here or not^ 
 and took his leave. On Monday 
 morning, at ten o'clock, the whole 
 deputation 
 
PRIOR DO 
 
 deputation came, and I offered them 
 the paper (No. VI.), and after fome 
 consultation among themfelves, they 
 objected to their names being inferted. 
 I faid, why, fure gentlemen, you 
 have not done a thing you are 
 afhamed to own ; not in the leaft they 
 faid, but there was no neceffity for 
 their names being inferted, nor would 
 they receive that refignation ; where- 
 upon I faid to Mr. Tilghman, come, 
 Sir, take the pen and pleafe yourfelf, 
 for I fee you are determined to be ar- 
 bitrary ; he then took the pen, and 
 formed the paper, (No. VII.) and 
 when it was tranfcribing, I afked 
 them what they intended to do with 
 the ftamps, as they aflumed the fu- 
 preme power in the province; they 
 then looked at one another for a 
 while, and feemed feme what con- 
 fufed ; but, at kit,, Mr. Tilghman 
 replied, we did not come prepared to 
 fpeak to that head ; then another re- 
 
 C U M E N T S. 47 
 
 on this very extraordinary tranfadtion ; 
 what I have faid, is fufficient to 
 inform you, gentlemen, and the lords 
 commiffioners, that unlefs my hands 
 are ftrengthened, it will never be in 
 my power to put the act in execution. 
 " Perhaps their lordfhips, and you, 
 gentlemen, may expect that the go- 
 vernor will exert himfelf on the oc- 
 cafion, and ftrengthen my hands ; 
 but this will not happen, for on the 
 day that the mob were collecting, and 
 after the drums began to beat, I am 
 informed his honour left the city, 
 and prefently after the attorney- 
 general, who is recorder of the city, 
 left it alfo ; whether the mayor and 
 chief juftice were out of the city, I 
 cannot fay, bur this is certain, that 
 no one magiftrate or public officer ap- 
 peared abroad the whole day, to dif- 
 courage the mob, or to give the leaft 
 aid or protection. All, therefore, 
 that I mall add on this head, is, that 
 
 plied, let Mr. Hughes take care of if ever my hands are ftrengthened, fo 
 
 as it will be in my power to do my 
 duty, as chief diftributor of the 
 ftamps, I mall not fail to comply 
 with the duties of my office in the 
 ftricteft manner, and then I hope will 
 Sufficiently fave my fecurities in their 
 lordfhips and your opinion, as it is 
 now out of my power to difcharge my 
 duty until the face of affairs are 
 
 them. I anfwered, gentlemen, that 
 cannot be, as you have now fixed 
 matters ; for were I to take the ftamps 
 into my care, I mould have your 
 party come about my houfe, and pull 
 it down, and deilroy both me and 
 them. Well, fays another, let the 
 governor take car? of them ; another 
 then fays, perhaps the governor will 
 
 call upon Mr. Hughes to put the act changed. 
 
 J __1 _ 1 J T* * * T- 
 
 in execution, and when he declines, 
 the governor perhaps will appoint an 
 officer, and the act may take place. 
 Here a general paufe enfued, but at 
 laft one and all cried out, let us fee 
 who will dare put the act in exe- 
 cution ; upon the governor's appoint- 
 ment we will take care of that ; by 
 this time the paper (No. VII.) was 
 tranfcribed, and after I had figned it, 
 they went away to proclaim it to their 
 friends, and the next day I wrote the 
 letter (No. VIII.) to ths governor, 
 and received the under-written verbal 
 anfwer by my fon. 
 
 " My health, at this time, will 
 not permit me to be more expeditious 
 
 !< In paper (No. 7.) you will ob- 
 ferve the three counties upon Delaware 
 included in my refignation, the reafon 
 of which was, that on Saturday the 
 6th of October, a friend of mine pri- 
 vately feat up a little boy to inform 
 m?, that he had reafon to believe a 
 mob was uniting in thofe counties, 
 and would foon be up at Philadelphia. 
 This I knew would raife a fecond 
 mob, and therefore I did not prevent 
 it, and it has had the defired effect. 
 
 " I am now to acknowledge the 
 receipt of a 1 letter from the fecretary of 
 the ftamp-office, and alfo a bill of 
 lading for three cafes and feven 
 packs of ftamps for this province, ex- 
 
 clufive 
 
PRIOR DOCUMENTS. 
 
 clufivc of thofe for New Jerfey and 
 Maryland, but there is neither invoice 
 nor bills of parcels, nor any account 
 of the prices the ftampt paper or 
 parchment is to be fold at. I have 
 feen a printed paper, faid to be the 
 prices of the {lamps, &c. but as the 
 bill of lading makes me liable to the 
 freight, I mould be glad to know 
 whether the freight is included in 
 thefe printed papers, or not ; if I had 
 received the {lamps, I mould have 
 been at a lofs on the i ft of November 
 how to proceed, but as things now 
 ftand, there is time for my being 
 fully informed, and efpecially with 
 refpect to the invoice of bills of par- 
 cels, without which it is impoffible 
 for me to know what I am charged 
 with at the {lamp-office, and how far 
 the goods received agree with the 
 charge. 
 
 " I am further to inform you, that 
 I received in the packet fent by your 
 fecretary, a bond, which in his letter 
 he directed, I mould execute before 
 the governor, or fome other perfon of 
 note, and fent it back to the ftamp- 
 ofnce by the nril conveyance, which 
 I mould have punctually complied 
 with, had I been in health, and had 
 not our over-ruling gentry the mob 
 thought fit to direct orherwife ; how- 
 ever, I have the bond in my cnflody, 
 and whenever there is a profpeci of 
 carrying the act into execution, fhall 
 not fail to execute the bond, and 
 tranfmit it to the {lamp-office by the 
 firft opportunity, .and allb do every 
 thing in my power faithfully to dif- 
 charge my duty. 
 
 " I am further to inform you, gen- 
 tlemen, that I am extremely ob- 
 noxious to the governor, men in 
 power, and that for no other reafon, 
 than that I have ccnilantly, while I 
 have been in the alTembly, endea- 
 voured to promote the king's iat:; 
 and given oppofition to fome fa- 
 vourite fchcmes that tended to retard 
 his Maj city's fervice. 
 
 " I am alfo unfortunate enough to 
 
 be particularly hateful to the chief 
 juilice, becauie I have charged him 
 in the houfe of afTembly with being a 
 rebel, upon his "faying, " That if 
 ever the government was changed, we 
 mould find the king's little finger 
 heavier than the proprietor's loins." 
 This declaration he made in the houfe 
 of afiembly more than once, and I as 
 often alledged, that his allegation 
 tended to alienate the affection of the 
 fubject from the king, and therefore 
 was treafon, and that none but a 
 rebel would be guilty of it. I alfo 
 am particularly hateful to the pro- 
 prietary party, becaufe it was my in- 
 tereil, afiiduity, and influence in the 
 houfe of aflembly, that enabled the 
 province to fend home Doctor Frank- 
 lin, to prefent our petitions for a 
 change of government, from pro- 
 prietory to royal, which I hope is 
 effected by this time. 
 
 *' Since writing the above, I am 
 informed that Benjamin Shoemaker, 
 Efq. who is one of the people called 
 Quakers, alfo an alderman of this 
 city, met with the drummers as they 
 were alarming the city, and took 
 them ' to talk, requiring to know by 
 what authority they were endeavour- 
 ing to raife a mob, they anfwered, if 
 lie would go to the Sfate-houfe, he 
 might know ; he then aJked who 
 ordered them to beat about the {beets, 
 they faid, they had their orders from 
 the coffee- houfe. [N. B. Kept by 
 the before-mentioned Mr. Bradford.] 
 Mr. Shoemaker then forbid them to 
 proceed any further, and he faid he 
 would go immediately to the mayor 
 and have them committed; they an- 
 fwered they could get the mayor's or- 
 ders when they pleaied. But Mr. Shoe- 
 maker could not find the mayor, nor 
 any officer to affift him, and therefore 
 was obliged to defift, left he mould 
 draw the mob upon himfelf and fa- 
 mily, and fo have his houfe pulled 
 down . 
 
 " If fome rule and order does not 
 take place in America, I am very 
 
 fure 
 
PRIOR DOC 
 
 fure every perfon who has been named 
 to the ftamp-ofEce, muft leave North 
 America fhortly, or they and their 
 families will fall a facrifice to the de- 
 luded populace. 
 
 " Common jufHce calls upon me 
 to fay, the body of people called 
 quakers, fpeitted difpofed to pay obe- 
 dience to the ftamp-acl, and fo do 
 that part of the Church of England, 
 and baptifts, that are riot fome way 
 under proprietary influence. But 
 prefbyterians, and proprietary mi- 
 nions, fpare no pains to engage the 
 Dutch and lovVer clafs of people, and 
 fender the royal government odious, 
 but at the fame time profefs great 
 loyalty to the beft of kings, and yet 
 infmuate that his immediate govern- 
 ment is intolerable. If his Majefty 
 and his minifters knew the pains taken 
 by the proprietary partifans to give a 
 wrong bias to the minds of his Ma- 
 jefty's fubje&s, I am confident they 
 would not fuffer the powers of go- 
 vernment- to remain fix months in the 
 hands of any proprietor on the con- 
 tinent ; neither ought the powers of 
 government to be lodged in any 
 private perfon, it being difadvaa- 
 tageous to both his Majefty's fubje&s. 
 
 "I lhall conclude with the following 
 obfervation ; viz. That if Great- 
 Britain can, or will fuffer fueh kind 
 of conduct in her colonies to pafs un- 
 punimed, a man need riot be a 
 prophet, nof the fon of a prophet, to 
 fee clearly j that her empire in North- 
 America is at an end ; for I dare fay 
 the mobbing gentry will immediately 
 proceed to other extravagancies, as 
 they will then begin to think their 
 united power irrefiftab!e. 
 
 " That God, of his infinite good- 
 nefs, may direct the councils and 
 meafures of his Majefty, of his mi- 
 nifters, to that which may be beft for 
 Great Britain and North America, is, 
 and mail be the conftant prayer of, 
 Gentlemen, your moft obedient and 
 moft humble fervant, 
 To the Commiffioners JoHNHuGHES. 
 
 of the ft amp-office. 
 
 U M E N T 9. 49 
 
 Philadelphia, September 17, 1 76$. 
 
 No. I. 
 
 As great riots ?nd difturbances has 
 happened in Tome of the neighbouring 
 colonies, occafioned by a diflike the 
 people have to the ftamp-ad, and it 
 being reported that the ftampt 
 papers, &c. for the province, may 
 be expecled in a little time, and, 
 as his Majefty's revenue is deeply 
 ir.terefted in the prefervation thereof, 
 think it my duty to acquaint you, 
 that notwithftanding of any reports 
 ipread of my being named by the 
 officers for this province, that 1 have 
 not received either bond, commiffion, 
 nor any other information whatfoever, 
 of my appointment from the ftamp- 
 office, or lords df the treafury, and 
 therefore I can have no pretenfion 
 whatever, to take charge of the paper 
 mould they arrive. This information 
 I have thought neceffary to give you, 
 that you may take fuch meafures in 
 the premifes, as you mail think con- 
 fiftent with your duty and judgment. 
 I am, Sir, your moft obedient humble 
 fervant, JOHN HUGHES* 
 
 To the Hon. John Penn, Efq. 
 
 Lieutenant Governor of 
 
 Pennjylvania. 
 
 No. II. 
 Sir, 
 
 Mr. Dickenfon is is town from 
 London, and the ihip Charlotte is at 
 Newcaftle, and do not chufe to bring 
 her up till you give orders about the 
 ftamp-papers, as me is a valuable 
 fhip. 
 
 WILLIAM DOWELL. 
 I pray fend tin a,nf^wer by bearer. 
 Philadelphia, c o'clock , 2dofOft. I?6c. 
 
 No. III. " 
 Mr. Dickenfon, 
 
 I received your kind notice by Mr. 
 Bradford, and for aniwcr, am to 
 inform you, that I have not received 
 from the lords of the treafury, nor 
 from any other perfort appointed by 
 his Majefty, any commiffion or public 
 information of my being the officer of 
 the province of Pennsylvania, and 
 H therefore 
 
$o P R I O R D 
 
 therefore cannot pretend to any right 
 to take charge of thofe papers, nor 
 fhouldl, were they now at the wharf; 
 the governor is the officer of the 
 crown, whofe duty it is to preferve 
 and fecure thofe papers ; to him I 
 refer you for directions how to proceed 
 in the premifes, and I make no doubt 
 but his honour the governor will take 
 care to fee that the papers are landed 
 in a place of fecurity, and there kept 
 fafe until fome perfon properly com- 
 miffioned mail appear to demand them. 
 Signed by order of my father. 
 
 JOHN HUGHES, jun. 
 To Mr. Dickenfon. Copy of 
 a Letter fent by Mr. 
 Bradford's fon. 
 
 No. IV. 
 Sir, 
 
 I inclofe you a letter I received 
 laft evening from Mr. William Do- 
 vel, by which I understand that the 
 (lamped papers are arrived at New- 
 caftle in the Charlotte, that the 
 owner of the veflel does not care to 
 order his fhip into the port while 
 thefe papers are on board, left fome 
 violence mould be done to her ; and 
 as I have not the leaft power from the 
 lords of his Majefty's treafury, or 
 
 OCUM&NTS. 
 
 No. VI. 
 
 Philadelphia, Monday Morning^ 
 
 Oflober 7, 1765. 
 
 Whereas I was applied to on Sa- 
 turday laft, about three o'clock in the 
 afternoon, by the following gentle- 
 men, viz. James Tilghman, Efq. 
 attorney at law, Meflrs. Robert 
 Morris, Charles Thompfon, Archi- 
 bald M'Call, John Cox, and Wil- 
 liam Richards, merchants ; Mr. 
 William Bradford, Printer, who af- 
 fured me they were fent by a great 
 number of people then aflembled at 
 the ftate-houfe, in order to requeft 
 me to refign the ftamp-office ; and 
 after fome converfation on the fubject, 
 Mr. Robert Morris, and fome others, 
 declared, that it was not expected or 
 defired that my refignation mould be 
 any other than the not accepting the 
 office, and declaring every ftep or 
 meafure that mould tend to put the 
 late ftamp-act into execution, until 
 his Majefty's further pleafure fhould 
 be known, or until the act mould be 
 generally carried into execution in 
 the neighbouring colonies ; and if 
 that mould happen, I was then at 
 liberty to do as I thought proper: 
 and whereas about fix o'clock the fame 
 
 any other public board, authorizing evening, a paper was fent me by 
 
 me to receive them, and as his Ma- 
 jefty's revenue is in con- 
 cerned in their prefervation, I thought 
 it rny duty to give you the informa- 
 tion, that you might take fuch mea- 
 fures therein as your prudence mould 
 fuggeft. I am, Sir, yours, 
 70 John Penn, Efq." JOHN HUGHES. 
 No. V. 
 
 A great number of the citizens of 
 Philadelphia aflembled at the itate- 
 houfedo demand of Mr. John Hughes, 
 diftributorof ftamps for Pennfylvania, 
 that he will give them affurance un- 
 der his hand that he will not execute 
 that office, and expect that he will 
 give them a fair, candid, and direct 
 anfwer by Monday next ten o'clock, 
 when he will be waited on for that 
 purpofe. 
 
 Saturday 9 Off, 5, 1765* 
 
 fome of thefe fame gentlemen, in be- 
 half, as I underftand, of all thofe 
 collected at the ftate-houfe as afore- 
 faid, declaring, that a great number 
 of the citizens of Philadelphia aiTem- 
 bled at the ftate-houfe, do demand of 
 Mr. John Hughes, diftributor of 
 ftamps for Pennsylvania, that he will 
 give them affurance under his hand 
 that he will not execute that office, 
 and expect that he will give them a 
 fair, candid, and direct anfwer by 
 Monday next at ten o'clock, where 
 lie will be waited on for that pur- 
 pofe. 
 
 Saturday, Ofi. 5, 1765. 
 
 I do therefore return for anfver to 
 
 thofe gentlemen and all their aiTc- 
 
 ciates, that I have not hitherto taken 
 
 any ftep tending to put the late act of 
 
 par- 
 
PRIOR DO 
 
 parliament in execution in this pro- 
 vince, and that I will not either by 
 myfelf or my deputies, do any act or 
 thing that (hall have the leaft tenden- 
 cy to put the faid ad into execution 
 in this province, until his Majefty's 
 future pleafure fhall be known, or 
 until the faid act mail be put in exe- 
 cution in the neighbouring colonies, 
 and this I am determined to abide by, 
 unlefs either the governor or com- 
 mander in chief of this province for 
 the time being mall call upon me to 
 execute the faid act. 
 
 And whereas my commiflion in- 
 cludes the three counties of Newcaftle, 
 Kent, and Suffex, upon Delaware, I 
 do therefore hereby voluntarily in- 
 form the good people of thofe coun- 
 ties, that no act of mine fhall either 
 directly or indirectly involve them 
 into any difficulties with refpect to the 
 faid ftamp-act, before the fame ihall 
 take place in the neighbouring colo- 
 nies, or until his Majefty's future 
 pleafure mail be known, or until the 
 governor and commander in chief for 
 the time being of thofe counties fhall 
 call upon me as aforefaid, to execute 
 the faid act. 
 (Copy) JOHN HUGHES, 
 
 No. VII. 
 Philadelphia, Monday Morning, 
 
 Qftober 7, 1765. 
 
 Whereas about fix o'clock on Sa- 
 turday evening laft a paper was fent 
 to me, expreffing, that a great num- 
 ber of citizens of Philadelphia, &c, 
 (this paper of refignation has been 
 publimed verbatim.) 
 
 No. VIII. 
 Philadelphia, *Tuefday Morning, 
 
 October 8, 1765. 
 Sir, 
 
 I make no doubt but you have 
 heard that a great number of people 
 were collected at the ftate-houfe on 
 Saturday laft, by caufing muffled 
 drums to beat through the ftreets of 
 this city, and by ringing the ftate- 
 houfe bell muffled, and by directing 
 ?11 enquirers to repair to the ftate- 
 
 C U M E N T S. J* 
 
 houfe for information ; and that after 
 the people were collected, a deputation 
 was font to me demanding my refig- 
 nation of the office of chief diftributor 
 of ftamps for this province. I am well 
 informed, that great numbers of the 
 ringleaders and promoters of this 
 meeting declared and vowed deftruc- 
 tiori to my perfon and property if I 
 refufed to gratify them in their de- 
 mands. 
 
 My refignation is accordingly made, 
 and I beg you will be fo kind as to 
 inform me where the ftamps are de- 
 pofited, that I may by this day's poft 
 inform the lords of the treafury what 
 fituation they are in. This you muft 
 know it is my duty to do, as the ftamps 
 were coniigned to me by their lord- 
 fhips, and I have the bill of lading. 
 But as I am confined to my bed, and 
 alfo reftrained by the people from ex- 
 ecuting my office, it is not in my 
 power to know what is to be done in 
 the premiffes, I therefore pray your 
 anfwer by the bearer, my fon, which 
 will oblige, Sir, your humble fer- 
 vant, JOHN HUGHES. 
 
 To the Hon. John Penn, Efq. 
 The Governor returned the following 
 
 verbal Anfwer, <viz. 
 Let Mr. Hughes know the ftamps 
 are on board the man of war, 
 
 Philadelphia, No<v. 2, 1765. 
 Gentlemen, 
 
 Since my laft^ a copy whereof is 
 herewith fent, nothing very extraor- 
 dinary has been attempted by the 
 mob, as the great men here would 
 fain have it termed and believed on 
 your fide the water, and I make no 
 doubt but ic will be fo reprefented by 
 the proprietary governor, and his 
 friends; but the truth is, that if the 
 governor, or any haif dozen of the 
 magiftrates, had called the fheriff and 
 conftable to their afTiftance, it would 
 have been very eafy for them, with 
 the affiftance of my friends then col- 
 lected about my houfe, to the amount 
 of not lefs than feven or eight hun- 
 dred men of reputation, who would 
 H 2 have 
 
PRIOR DOCUMENTS. 
 
 have afiifted the civil officers at the 
 rifque of their lives, as I did to fup- 
 prefs the Paxton ri.ot, that intended 
 to deftroy the Indians at the barracks. 
 I am now informed the governor 
 has taken the path prefcribed by the 
 ftamp-aft, but his friends keep it a 
 fecret, and fay, ' who knows that he 
 has,' but it will Toon appear here, for 
 that will alter his conduct j the com- 
 miffioners and government may de- 
 pend that I will communicate things 
 as they happen, though it is at the 
 rifquj of my life ; for the party, by 
 their tools, frequently give out, that 
 if they knew the man that would fo 
 far affift Britain as to inform againft 
 any man, in this or any other pro- 
 vince, he fhquld nqt live many hours ; 
 and I do afTure the government and 
 comrnillioners, that all poiitive charg- 
 es made by me, can be proved by re- 
 putable witnefTes. But whether his 
 Majcfty or his miniftry can, or will 
 wink at and overlook thefe infults and 
 outrages, and permit their colonifls to 
 refuie obedience to an aft of parlia- 
 ment, and alfo declare it illegal and 
 unconstitutional, and alfo permit the 
 printers here to publifli weekly the 
 jnoft violent and inflammatory pieces 
 that ever were wrote, and I am of 
 opinion, that if thefe continental 
 papers for the two or three months 
 part were examined, many of them 
 would be found rather to exceed the 
 North Briton, '(No. XLV.) in alie- 
 nating the r.ffe&ions of the people 
 from his Majeity, and animating 
 them to rebellion, and yet at the 
 fame time call themfelvesEnglifhrneri, 
 and profefs the higheft degree of 
 loyalty to his Majefty. I fome time 
 tell ibme of our warm blades, that it 
 is a piece of ipconfifiency to call 
 themfelves Englilhmen, becaufe gen- 
 tlemen, fay I, if you are Englilhmen, 
 you muft'be bound J3y acts of parlia- 
 ment, until that' parliament releafes 
 you from that obedience, which has 
 hot yet been done as I know of. To 
 this they reply our charters have done 
 it abfoliitely. No, gentlemen, your 
 
 charters are but the declarations of the 
 kings that granted them, and they 
 cannot be to mean no more, 
 
 than that the king of Great Britain 
 would not arbitrarily , and without 
 law, raife money on the fubjecl in 
 America, and this all our forefathers 
 feemed to have afked when they left 
 Britain, and indeed it is all the kings 
 of Great Britain can legally promife, 
 for the king cannot bar the rights of 
 the lords and commons, any mere 
 than they can his prerogatives. The 
 anfwer then is, you are an enemy to 
 America, and ought to have your 
 grains beat put, &c. And indeed 
 there is nothing has faved me but the 
 great number of friends and relations 
 that I have in this country, and, had 
 it not besn for their numbers, J muii 
 have refigned my office abfolutely, or 
 elfe not only me but my family a.nd 
 fortune would have fallen a Sacrifice. 
 I believe 1 am the only ftamp dif- 
 tributor that has not either rcligned 
 abfolutely, or fled the province be- 
 tween Virginia and Hallifax, and if 
 the Virginia officer had been there, J 
 think he mult have refigned alfo, for 
 there the fire began. It is my private 
 opinion, that if the province of Penn- 
 fylvania was changed from proprietary 
 f:o a royal government, and forne per- 
 fon appointed to govern it, that had 
 both intereft among the people, and a 
 perfecl: knowledge of them, fo as to 
 be able to difplace the difloyal, ancl 
 put in power and commiffion fuchi 
 only as coiild be depended on, and 
 have demonftrated their loyalty to 
 their king ; fuch a perion, after the 
 changes aforefaid, might eafily govern 
 this province, and preferve the peace 
 of it, and keep it in fubjeclion to his 
 Majefty, which I think we hardly are 
 at this time. One reafbn afligned for 
 not paying obedience to this adl of 
 parliament, is, that we have no re- 
 preientative in parliament ; I then 
 fay, let us petition for reprefentativej. 
 O, no, we will not agree to that, 
 .becaufe we have reprefentatives of pijr 
 own, and have 'always given money 
 
 when 
 
PRIOR DO 
 
 \vhen we have been called on by the 
 king or his minifters, and if that will 
 not do, let us have a houfe of Com- 
 mons in America, to fettle what mall 
 be the quota of each colony when 
 money is wanted No, gentlemen, 
 you have foreclofed yourfelves of that, 
 for you have dempnftrated your pro- 
 penfity to rebellion, to that degree, 
 that in my opinion the miniftry never 
 can advife his Majeily to unite you 
 more than you now are ; but if they 
 knew our circumftances rightly, they 
 would divide us yet more, by forming 
 new colonies put of Virginia, and 
 perhaps fome others that are already 
 but too large ; but thefe things are at 
 a diftance, for Great Britain mult nrft 
 determine whether me is to govern 
 or not, and whether me will permit 
 us to put ourfelves under the pro- 
 tection of France, or Spain, as many 
 upon the continent declare they will 
 ward off the ftamp-aft, until they can 
 get France or Spain to protect them ; 
 and fome few have gone fo far in this 
 province I muft now contradict your 
 allegation of our giving money when 
 called upon. Pray has Maryland 
 given one (lulling all the laft war, and 
 did not moft of the colonies, except 
 Pennfylvania, refufe both m,en and 
 money for Colonel Bouquet's laft ex- 
 pedition againft the Indians to the 
 weftward ; and when Col. Bouquet, 
 by his friends, got feme volunteers 
 raifed for the purpofe in Virginia, 
 was he not obliged t apply to the 
 commiflioners of this province to pay 
 them, or elfe he muft have paid them 
 out of his private fortune ; although 
 the war was on the Virginia frontier, 
 and their people frequently murdered 
 at that time. ' 
 
 November the 3d, being Saturday 
 evening, I was called upon by the 
 collector, to let me knew that he and 
 the other cuitom- houfe officers would 
 call upon me next day, but they after- 
 wards changed their plan ; and on 
 
 Tuefday the 5th, I received the 
 
 C U M E N T S. 53 
 
 paper, (No. I.) and that afternoon 
 returned for anfwer the paper (No. II. j 
 and I now underftand that the party 
 are much difTatisfied with my anfwer, 
 and fay 1 had no need to fay more 
 than three words ; viz. I have none 
 This they could have protefted upon 
 and fent home to the cuftom-houfe, 
 but I believe they have no great in- 
 clination to fend home this letter; 
 however, I think it my duty to fend 
 it you with a copy of theirs ; alfo I 
 \vifh 1 knew whether the ad would be 
 enforced or n9t, for if it is to be re- 
 pealed, I might refign voluntarily in 
 time, and thereby eicape the violence 
 of the party, for if the aft is not 
 enforced, nor I do not refign in time, 
 I mail not be able to go into fome of 
 the neighbouring colonies, and look 
 after my intereft during my life-time, 
 for they threaten me already in Ma- 
 ryland and Virginia, that if they ever 
 catch me there they will make a 
 facrirlce of me ; but if they mould be 
 made fubjeft to Great Britain, I fhall 
 then be in no danger, for the iifue of 
 this aft will abfolutely determine 
 Britain's foyereignty in America. For, 
 if by thefe rebellious aftions we can 
 get this aft repealed, I have no doubt 
 but fome of my children may live to 
 fee a duty laid by Americans on fome 
 things imported from Britain, for 1 
 do not know an inftance of a mob's 
 fitting down contented with one 
 thing, unlefs they have a force able 
 to quell them. 
 
 I prefume when the remonftrances 
 from the grand committee (who meet 
 at New-York) come here, it will be 
 eafy to judge what we would be at? 
 for even in this province fome few 
 fay, if we ftick by one another, it is 
 not in the power of Britain to enforce 
 it, and fay that Ireland did the fame 
 formerly, and by that means- have 
 efcaped the burthen as they call it. 
 I am unable at this time to give a 
 more full account of the proceedings 
 in America, being not recovered from 
 
 my 
 
54 PRIOR DO 
 
 my late illnefs. I am, gentlemen, 
 >vith refpeft, your moil obedient, 
 humble fervant, _ 
 
 Nov. 7, 1765, JOHK T HUGHES. 
 ^To the commijjiomr* of 
 
 tbejlamp-cjpce. 
 
 No. I. 
 Mr. John Hughes, 
 
 Sir, We have heard from public 
 report, that you are the officer ap- 
 pointed to diftribute ftamp-papers and 
 parchment in, the province, pursuant 
 to an aft of parliament lately pub- 
 limed in England, and we now apply 
 to you, to know whether you can 
 fupply us with ft amp papers proper 
 for cockets and clearances, on which 
 the duty of four-pence fterling is im- 
 pofed (if the copy we have feen of 
 the a be genuine). We apprehend 
 it is our duty to apply to you for 
 them, as we cannot proceed regularly 
 in the bufmefs of our office without 
 them. Pleafc to let us have your 
 anfwer in writing as foon as poffible, 
 in order to prevent any miftake or 
 mifunderftanding that may happen 
 from a verbal conference between us. 
 We beg you will be pleafed to have a 
 direci anfwer, whether you will or 
 not let us have the ftamp papers for 
 the purpofes above-mentioned. We 
 are, Sir, your moft humble fervants, 
 Ctiflom-Houfe, J. SWIFT, Dep. Collr. 
 Philadelphia, A. BARCLAY, Com ptr. 
 JVW.A, 1764. T. Grame, Naval Off'. 
 
 No. II. 
 Gentlemen, 
 
 I received yours of the 4th inftant, 
 and cannot but infer from the con- 
 tents, that you are a ftranger in 
 Pennfylvania, fince by the tenor of 
 your letter, you feem to be unac- 
 "quranted with the things that are 
 come to pafs in thefe our days. 
 Therefore, I think it neceffary, be- 
 fore I. proceed in anfwer, to give you 
 a brief detail of what has happened. 
 Firil then, I am to inform you, that 
 on Saturday the 5th of Oftober laft, 
 the State-houfe and Chrift-church 
 bells were rung muffled, and two 
 
 C U M E N T S. 
 
 Negro-drummers, one of whom be- 
 longed to alderman Samuel Mimin, 
 beat through all parts of the city with 
 muffled drums, thereby alarming the 
 inhabitants. In confequence whereof, 
 a large number of people was raifed 
 and aflembled at the State-houfe, 
 where it was publicly declared (as I 
 am informed), that if I did not im-^ 
 mediately refign my office, my houfe 
 mould be pulled down and my fub- 
 ftance deftroyed, but before the con- 
 vention broke up, the gentlemen af- 
 fembled there, in part changed their 
 resolution, and by a note they at 
 night fent me, indulged me till ten 
 o'clock the Monday morning follow- 
 ing, to fatisfy them whether I would 
 or not refign my office as ftamp- 
 diftrir^utor for this province. Se- 
 condly, although it was currently 
 reported through the city on the 4th 
 of Oaober laft, that Capt. Halland, 
 with the ftamp papers, &c. would be 
 up next day, and that- a mob would 
 be raifed to deftroy them, yet neither 
 the governor, the fupreme judges, 
 the mayor, recorder, aldermen, nor 
 any other jufticiary officers, (Benjamin 
 Shoemaker, Efq. excepted) took the 
 leaft notice thereof, nor ufed any 
 means to preferve the peace of the 
 city. Thirdly, although on Monday 
 the 7th of October, when the people 
 collected at the Free Mafons lodge, 
 and their delegates, who need not 
 here be named, came to my houfe and 
 demanded of me my anfwer, whether 
 I would or would not refign my office 
 as ftamp-diitributor of this province, 
 yet neither the governor, the judges of 
 the fupreme court, although then fit- 
 ting, the mayor, recorder, aldermen, 
 nor any of the peace-oftkers of this 
 city, teftified the leaft difapprobation 
 thereof, but permitted thofe gentlemen 
 and their afTociates, to compel me to 
 make the declaration which you may 
 fee printed in t^e Gazette and Penn- 
 fylvania Journal of the ioth of Oc- 
 tober laft. Fourthly, thefe gentlemen 
 delegates and their afTociates have 
 
 therefore 
 
PRIOR DO 
 
 therefore prevented any {lamp from 
 coming into my poflefiion. Of con- 
 fequence, it is not in my power to 
 fupply you. But as you may be un- 
 acquainted with the fituation of the 
 ftamp papers, I do myfelf the plea- 
 fure of informing you, that his honour 
 the governor, has committed them to 
 the care of Capt. Hawker, com- 
 mander of his Majefty's ihip Sardine. 
 And I would likewife, gentlemen, 
 beg leave to acquaint you, that he 
 has taken, as I am informed, afolemn 
 oath, " to do to his utmofl, that all 
 and every of the claufes contained in 
 the flamp-acY mail be bona fide ob- 
 ferved ;" wherefore I muft refer you 
 to him, as I am for the reafons al- 
 ready afiigned, at prefent incapa- 
 citated to fupply you with ftampt 
 papers, &c. for a more full anfvver, 
 if neceffary, to your letter. Fifthly, 
 if any inconveniencies or damages, 
 therefore, mould happen to any per- 
 fon or perfons for want of the ftampt 
 papers, the blame neither can nor 
 does lie at my door, whatever it may 
 of thofe of the gentlemen delegates 
 and their affoci cites. I am forry, 
 gentlemen, that you fuffered an in- 
 finuation to efcape your pen, as if I 
 would not afford you a direcl: anfwer 
 to your letter, for I am perfwaded no 
 part of my condud has given you or 
 any other perfon caufe to fufpecl either 
 my candor or integrity, therefore, 
 permit me to fay, I muft look upon 
 this iniinuation both ungenerous and 
 unfriendly, 1 am, Sirs, your hum- 
 ble fervant, 
 Philadelphia, Nov. J. HUGHES. 
 
 John Swift, Alex. Barclay, and 
 Thomas Grame, Ef quires. 
 
 Philadelphia, Sept. 1765. 
 Extraft of Letters from John Hughes, 
 Efq. appointed Difiributor of the 
 Stamps for Pennfyl-vania, to Benjamin 
 Fran /din, Efq. Jlgent for faid Pro- 
 vince, by him, per Order, laid before 
 the Parliament. 
 
 C U M E N T S. 55 
 
 " You are now from letter to letter 
 tofuppoie each may be the laft that you, 
 will receive from your old friend, as 
 the fpirit or flame of rebellion is got 
 to a high pitch among the North 
 Americans, and it feems to me, that 
 a fort of frenzy, or madnefs, has got 
 fuch hold of the people of all ranks, 
 that I fancy ibme lives will be loll 
 before this fire is put out ; I am at 
 prefent much perplexed what courfe to 
 fteer ; for, as I have given you reafon 
 to expect, I would endeavour to put 
 the act in execution, and you no 
 doubt have informed the commiflioners 
 I cannot in point of honor go back, 
 until fomething or other is done by 
 the people to render it impoflible for 
 rne to proceed j but, perhaps when a 
 mob is on foot, my intereft may fall 
 a facrifice to an infatuated multitude, 
 and I know of no other way to prevent 
 it, but abfolutely declaring off as all 
 the reft have done to the eaftward, but 
 as yet I cannot prevail upon myfelf, 
 notwithstanding the threats of fome, 
 and the perfuafions of others, to do 
 an ad that appears to me neither loyal 
 nor reputable. 
 
 " I had hitherto kept matters eafy, 
 by faying I had nothing to refign, for I 
 have neither received any commiifion 
 or any other kind of writing from the 
 fta nip-office ; but when it is known I 
 have received my commifiion, I fancy 
 I (hall not efcape the ftorm of prefby- 
 terian rags, and as Capt. Friend is 
 expcded every day, my doom will 
 foon be known, but whether I may 
 live to inform you, is yet in the womb 
 of futurity. 
 
 "By Governor Franklin's letters, and 
 by my laft, you will fee that Mr. Cox 
 has refigned the ftamp-office for New- 
 Jerfey, and there is icarce a day goes 
 over my head, but many people call 
 on me to refign, and fay I am an 
 enemy to North- America if I do not ; 
 but fince I am now and muft 
 
 abide by confequences, be they what 
 they will, I mail be exceedingly ob- 
 liged to you, if it is confident with 
 
 youx 
 
p R i b-R DOCUMENTS. 
 
 your judgment, to recommend my 
 ion Hugh for Mr. Cox's fucceflbr. 
 My fon is married, and fettled in New 
 Jerfey, has a good ellate, both real 
 and perfonal, and can give any fe- 
 curity that may be required I am 
 the more induced to aJ'k this favour, as 
 1 think there will be no difficulty in 
 putting the act in execution in that 
 province ; and, if my property, and 
 perhaps my life may be loft in this 
 province, my fon 1 hope will be the 
 better for the office in that province, 
 which may be fome compeniation for 
 what property may be loll out of the 
 family. 
 
 Sept. 10, 1765. 
 
 te Our affembly met yeiterday, and 
 this day a majority of fifteen againil 
 fourteen, were for fending a com- 
 mittee to New- York, to meet the 
 committee of Bofton on the firft of 
 October, where they infmuate there 
 will be men fent from every colony; 
 in order to unite and become, as they 
 exprefs it, like a bundle of rods, al- 
 luding to the fable of the old man and 
 his fons. This fcheme, or plan of 
 union, is not only begun, but inde- 
 fatigably puihed forward, by the 
 prelbyterians principally. 
 
 Sept. II. This afternoon Capt. 
 Friend arrived, and as he fays he has 
 no Itamp papers on board, all feems 
 pretty quiet at prefent. The affembly 
 have named Jofeph Fox, Geo. Bryan, 
 John Morton and John Dickinlbn, as 
 a committee to go to the Congrefs at 
 New-York. 
 
 Sept. 12. Our clamours run very 
 high, and I am told my houie mail 
 be pulled down and the ftamps burnt, 
 to which I give no other aniwer than 
 that I will defend my houfe at the 
 rifque of my life. I muft fay that all 
 the fenfible quakers behave prudently. 
 
 Sept. 1 6. in the evening Common 
 report threatens my houie this night, 
 as there are bonfires and rejoicings for 
 the change of miniilry. The fober 
 and fenfible part of the people are 
 doing every thing in readineis to- fup- 
 
 prefs a mob, if there fhould be any 
 intention of rifing. I, for my part, 
 r.m well araled with fire-arms, and 
 am determined to ftand a fiege. If I 
 live till to-morrow morning, mall 
 give you a further account, but as it 
 is now about eight o'clock I am on 
 my guard, and Only write this be- 
 tween whiles, as every noife or buftle 
 of the people calls me off. 
 
 Nine o'clock. Several friends that pa- 
 trole between my houfe and the coffee- 
 houfe, came in juft now, and fay the 
 collection of rabble begins to decreafe 
 vifibly in the ftreets, and the appear- 
 ance of danger feems a good deal lefs 
 than it did. 
 
 Twelve o'clock. There are now fe- 
 veral hundreds of our friends about the- 
 ftreet ready to fupprefs any mob, if it 
 mould attempt to rife, and the rabble 
 are difperfmg. 
 
 Sept. 17. jive in the morning We 
 are all yet in the land of the" living, 
 and our properties fafe, thank God. 
 
 Extratt of a Letter from Jofeph Gal- 
 lovjay, Ejq. dated Philadelphia, Sep- 
 tember 29, 1/65, to Benjamin Frank- 
 lin, Ejq. 
 
 " The public papers will inform you 
 of the prefent diftrac~ted ftate of the 
 colonies, and the many outrages and 
 riots that have been occaiioned by a 
 diflike to the Ramp-act, all which 
 have been incited by the principal 
 members of the colonies where they 
 have been committed Meafures have 
 not been wanting to create the fame 
 temper in the people here, in which 
 fome have been very active. In hopes 
 to prevent their ill effects, I wrote a 
 moderate piece, figned Americauus, 
 publifhed here and at New- York, 
 and fmce in Virginia, wherein you 
 will fee my fentiments on the fubjeft. 
 I am told it had good effect in thofe 
 places as well as here, being much 
 approved by the moderate part of the 
 people ; yet we mould not have been 
 free from riots here, if another method 
 had not been taken -to prevent them, 
 
 viz. By 
 
PRIOR DOCUMENTS. 
 
 By aflembling quietly at the inftance 
 of Mr. Hughes's friends (and not by 
 order from the government of the 
 city), near eight hundred fober inha- 
 bitants were ported in different parts, 
 ready to prevent any mifchief that 
 mould be attempted by the mob, 
 which effectuallyintimidated them and 
 kept all tolerable quiet, only they 
 burnt a figure that they called a ftamp- 
 man, and about midnight difperfed. 
 Great pains have been taken to per- 
 fuade and frighten Mr. Hughes into 
 a refignation of his office, but he con- 
 tinues firm, and will not refign in any 
 manner that mall do dimonour to his 
 appointment, and I think will be able 
 to put his commiffion into execution, 
 notwithilanding the example fet by 
 other colonies. 
 
 The King having, in his fpeech, 
 recommended to the confideration of 
 parliament the affairs of America, a 
 debate naturally followed on the ad- 
 drefs. 
 
 The new minifters fpoke tenderly 
 of the dilturbances and confufions in 
 America. The late minifters (at this 
 time in oppofition) were quite the rer 
 verfe. 
 
 Earl Nugent (then Mr. Nugent) 
 infifted, ' That the . honour and dig- 
 nity of the kingdom, obliged us to 
 compel the execution of the ftamp-adt, 
 except the right was acknowledged, 
 and the repeal follicited as a favour. 
 He computed the expence of the 
 troops now employed in America for 
 their defence, as he called it, to 
 amount to nine-pence in the pound of 
 our land tax j while the produce of the 
 ftamp-act would not raife a milling 
 a head on the inhabitants of America; 
 but that a pepper-corn, in acknow- 
 ledgment of the right, was of more 
 'Value, than millions without. He 
 expatiated on the extreme ingra- 
 titude of the colonies j and concluded, 
 with charging the miniftry with en- 
 couraging petitions to parliament, and 
 iiiftructions to members from trading 
 
 57 
 
 and manufacturing towns, againft the 
 act.' 
 
 Mr. Pitt (now Lord Chatham) 
 Ipoke next. As he always begins 
 very low, ami as every body was in 
 agitation at his firft rifmg, his intro- 
 duction was not heard, 'till he faid, 
 ' I came to town but to-day ; I was a 
 ftranger to the tenor of his Majefty's 
 fpeech, and the propofed addrefs, 'till 
 I heard them read in this houfe. 
 Unconnected and unconfulted, I have 
 not the means of information ; I am, 
 fearful of offending through miftake, 
 and therefore beg to be indulged with 
 a fecond reading of the propofed 
 addrefs.' The addrefs being read, 
 Mr. Pitt went on : He commended 
 the King's fpeech, approved of the 
 addrefs in anfwer, as it decided no- 
 thing, every gentleman being left at 
 perfect liberty to take fuch a part 
 concerning America, as he might af- 
 terwards fee fit. One word only he 
 could not approve of, an early, is a 
 word that does not belong to the 
 notice the miniftry has given to par- 
 liament of the troubles in America. 
 In a matter of fuch importance, the 
 communication ought to have been 
 immediate : I fpeak not with refpect 
 to parties ; I ftand up in this place 
 fmgle and unconnected. As to the 
 late miniftry, (turning himfelf to Mr. 
 Grenville, who fat within one of 
 him) every capital meafure they have 
 taken, has been entirely wrong ! 
 
 ' As to the prefent gentlemen, to 
 thofe at leaft whom I have in my eye 
 (looking at the bench where Mr. 
 Conway fat, with the lords of the 
 treafury) I have no objectign ; I have 
 never been made a facrifice by any of 
 them. Their characters are fair ; 
 and I am always glad when men of 
 fair character engage in his Majefty's 
 fervice. Some of them have done me 
 ,the honour to afk my poor opinion, 
 before they would engage. Thefc will 
 do me the juftice to own, I advifed 
 them to engage ; bat notwithftanding 
 I love to be explicit I cannot give 
 I them 
 
58 FRIORDO 
 
 them my confidence ; pardon me, 
 gentlemen, (bowing to the miniftry) 
 confidence is a plant of flow growth 
 in an aged bofom : youth is the feafon 
 of credulity ; by comparing events 
 with each other, reafoning from effefts 
 to caufes, methinks, I plainly dif- 
 cover the traces of an over-ruling in- 
 fluence. 
 
 ' There is a claufe in the aft of fet- 
 tlement, to oblige every minifter to 
 fign his name to the advice which he 
 gives his fovereign. Would it were 
 obferved ! I have had the honour to 
 ferve the crown, and if I could have 
 fubmitted to influence, I might have 
 ftill continued to fefve ; but I would 
 not be refponfible for others* I 
 have no local attachments ; it is in- 
 different to me, whether a man was 
 rocked in his cradle on this fide or 
 that fide of the Tweed. I fought for 
 merit wherever it was to be found. 
 It is my boaft, that I was the firft 
 minifter who looked for it, and I 
 found it in the mountains of the 
 north. I called it forth, and drew it 
 into your fervice, an hardy and in- 
 trepid race of men ! men, who, when 
 left by your jealoufy, became a prey 
 to the artifices of your enemies, and 
 had gone nigh to have overturned the 
 ftate, in the war before the laft. 
 Thefe men, in the laft war, were 
 brought to combat on your fide : they 
 ferved with fidelity, as they fought 
 with valour, and conquered for you 
 in every part of the world ; d'etefted 
 be the national reflections againft 
 
 them! they are unjuft, ground- 
 
 lefs, illiberal, unmanly. When I 
 ceafed to ferve his Majefiy as a mi- 
 nifter, it was not the country of the 
 man by which I was moved but the 
 man of that country wanted wifdom, 
 and. held principles incompatible with 
 freedom . 
 
 ' It is a long time, Mr. Speaker, 
 fince I have attended in parliament. 
 When the refolution was taken in the 
 houfe to tax America, I was ill in 
 bed. If I could have endured to have 
 
 C U- M E N T S. 
 been carried in my bed, fo great was 
 the agitation of my mind for the con- 
 fequences ! I would have follicited 
 fome kind hand to have laid me down 
 on this floor, to have borne my 
 teftimony againft it. It is now an 
 aft that had pafled I would fpeak 
 with decency of every aft of this 
 houfe, but I muft beg the indulgence 
 of the houfe to fpeak of it with 
 freedom 
 
 ' I hope a day may be foon ap- 
 pointed to confider the ftate of the 
 nation with refpeft to America. 1 
 hope, gentlemen will come to this 
 debate with all the temper and im- 
 partiality his majefty recommends, and 
 the importance of the fubjeft requires. 
 A fubjeft of greater importance than 
 ever engaged the attention of this 
 houfe ! that fubjeft only excepted, 
 when, near a century ago, it was the 
 queftion, whether you yourfelves were 
 to be bound, or free. In the mean 
 time, as I cannot depend upon health 
 for any future day, fuch is the nature 
 of my infirmities, I will beg to fay a 
 few words at prefent, leaving the 
 juftice, the equity, the policy, the ex- 
 pediency of the aft, to another time. 
 1 will only fpeak to one point, a point 
 which feems not to have been gene- 
 rally underftood I mean to the right. 
 Some gentlemen (alluding to Mr. 
 Nugent) feem to have confidered it 
 as a point of honor. If gentlemen 
 confider it in that light, they leave all 
 meafures of right and wrong, to follow 
 a delufion that may lead to deftruftion. 
 It is my opinion that this kingdom 
 has no right to lay a tax upon the 
 colonies. At the fame time, I afTert 
 the authority of this kingdom over the 
 colonies, to be fovereign and fupreme, 
 in every circumftance of government 
 
 and legiflation whatfoever. They 
 
 are the fubjefts of this kingdom, 
 equally entitled with yourfelves to all 
 the natural rights of mankind and the 
 peculiar privileges of Engliihmen. 
 Equally bound by its laws, and equally 
 participating of the conftitution of 
 
 this 
 
PRIOR T> O 
 
 this free country. The Americans 
 are the fons, not the baftards, of 
 England. Taxation is no part of the 
 governing or legiflative power, The 
 taxes are a voluntary gift and grant of 
 the commons alone. In legiflation 
 the three eftates of the realm are alike 
 concerned, but the concurrence of the 
 peers and the crown to a tax, is only 
 neceffary to clofe with the form of a 
 law. The gift and grant is of the 
 commons alone. In antient days, the 
 crown, the barons, and the clergy 
 poflefled the lands. In thofe days, 
 the barons and the clergy gave and 
 granted to the crown. They gave 
 and granted what was their own. At 
 prefent, fince the difcovery of Ame- 
 rica, and other circumftances permit- 
 ting, the commons are become the 
 proprietors of the land. The crown 
 has diverted itfelf of its great eflates. 
 The church (God blefs it) has but a 
 pittance. The property of the lords, 
 compared with that of the commons, 
 is as a drop of water in the ocean : 
 and this houfe r^prefents thofe com- 
 mons, the proprietors of the lands ; 
 and thofe proprietors virtually repre- 
 fent the reft of the inhabitants. 
 When, therefore, in this hoyfe we 
 give and grant, we give and grant 
 what is our own. But in an Ame- 
 rican tax, what do we do ? We, your 
 Majefty's commons of Great Britain, 
 give and grant to your Majeily, what ? 
 Our own property? No. We give 
 and grant to your Majefty, the pro- 
 perty of your Majefty's commons of 
 America. It is an abfurdity in 
 terms. 
 
 ' The diftin&ion between legiflation 
 and taxation is efTentially neceflary to 
 liberty. The crown, the peers, are 
 equally legiflative powers with the 
 commons. If taxation be a part of 
 fmiple legiflation, the crown, the 
 peers have rights in taxation as well as 
 yourfelves : rights which they will 
 claim, which they will exercife, when- 
 ever the principle can be fupported 
 by power. 
 
 C U M E N T S. fy 
 
 ' There is an idea in fome, that 
 the colonies are virtually represented 
 in this houfe. I would fain know by 
 whom an American is reprefented 
 here ? Is he reprefented by any knight 
 of the ihire, in any county in this 
 kingdom? Would to God that re- 
 fpedablereprefentations was augment- 
 ed to a greater number ! Or will you 
 tell him that he is reprefented by any 
 reprefentative of a borough a bo- 
 rough, which perhaps no man ever 
 faw This is what is called, the rot- 
 ten part of the conftitution. It 
 
 cannot continue the century If it 
 does not drop, it muft be amputated. 
 The idea of a virtual repreientation 
 of America in this houfe, is the moft 
 contemptible idea that ever entered 
 into the head of a man It does not 
 deferve a ferious refutation. 
 
 ' The commons of America, repre- 
 fented in their feveralaflemblies, have 
 ever been in poffdTion of the exercife 
 of this, their constitutional right, of 
 giving and granting their own money. 
 They would have been flaves if they 
 had hot enjoyed it. At the fame time, 
 this kingdom, as the fupreme govern- 
 ing and legiflative pcrvver, has always 
 bound the colonies by her laws, by her 
 regulations, and refrrictions in trade, 
 in navigation, in manufactures in 
 every thing, except that of taking 
 their money out of their pockets with- 
 out their confent. Here I would draw 
 the line, Quam ultra citraqife nequit 
 conji fere reftitmS 
 
 He concluded with a familiar voice 
 and tone, but fo low that it was not 
 eafy to diftinguiih what he faid. A 
 confiderable paufe enfued after Mr. 
 Pitt had done fpeaking. 
 
 Mr. Conway at length got up. 
 He faid, * he had been waiting to fee 
 whether any anfwer would be given to 
 what had been advanced by the right 
 honourable gentleman, referving hun- 
 felf for the reply : but as none had 
 been given, he had only to declare-, 
 that his own fentiments were entirely 
 conformable to thofe of the right 
 I 2 honourable 
 
6o 
 
 PRIOR DOCUMENTS. 
 
 honourable gentleman, That they 
 are fo conformable, he faid, is a cir- 
 cumftance that affects me with moft 
 fenfible pleafure, and does me the 
 greateft honour. But two things fell 
 from that gentleman which give me 
 pain, as whatever falls from that 
 gentleman, falls from fo great a 
 height as to make a deep impreflion. 
 I muft endeavour to remove it. It 
 was objected, that the notice given 
 to parliament of the troubles in Ame- 
 rica was not, early. I can affure the 
 houfe, the firft accounts were too 
 vague and imperfect to be worth the 
 notice of parliament. It is only of 
 late that they have been precife and 
 full. An over-ruling influence has 
 alfo been hinted at. I fee nothing 
 of it. I feel nothing of it. I dif- 
 claim it for myfelf, and (as far as my 
 difcernment can reach) for all the reft 
 of his Majelty's minifters.' 
 
 Mr. Pitt faid, in anfwer to Mr. 
 Conway, ' The excufe is a valid one, 
 if it is a juft one. That muft appear 
 from the papers now before the houfe.' 
 Mr. Grenville next ftood up. He 
 began with cenfuring the miniftry 
 very feverely, for delaying to give 
 earlier notice to parliament of the dif- 
 tuibances in America. He faid, 
 * They began in July, and now we 
 are in the middle of January ; lately 
 they were only occurrences, they are 
 now grown to disturbances, to tu- 
 mults and riots.' I doubt they bor- 
 der on open rebellion ; and if the 
 doctrine I have heard this day be 
 confirmed, I fear they will lofe that 
 name to take that of revolution. 
 The government over them being 
 diiTolved, a revolution will take place 
 In America. I cannot imderiland 
 the difference between external and 
 internal taxes. They are the fame 
 in effect, and only differ in name. 
 That this kingdom has thefovereign, 
 the fupreme legiflative power over 
 America, is granted. It cannot be 
 denied ; and taxation is a part cf that 
 Sovereign power. It is one branch 
 
 of the legiflation. It is, it has been 
 exercifed, over thofe who are not, 
 who were never reprefented. It is 
 exercifed over the India company, the 
 merchants of London, the proprietors 
 of the ftocks, and over many great 
 manufacturing towns. It was exer- 
 cifed over the palatinate of Chefter, 
 and the bifhoprick of Durham, be- 
 fore they fent any reprefentatives to 
 parliament. I appeal for proof to 
 the preambles of the acts which gave 
 them reprefentatives : the one in the 
 reign of Henry VIIF. the other in 
 that of Charles II.' Mr. Grenville 
 then quoted the acts, and deiired that 
 they might be read ; which being 
 done, he faid : * When I propofed 
 to tax America, I afked the houfe, if 
 any gentleman would object to the 
 right ; I repeatedly afked it, and no 
 man would attempt to deny it. Pro- 
 tection and obedience are reciprocal. 
 Great-Britain protects America ; 
 America is bound to yield obedience. 
 If not, tell me where the Americans 
 were emancipated ? When they want 
 the protection of this kingdom, they, 
 are always very ready to afk it. That 
 protection has always been afforded 
 them in the moft full and ample man- 
 ner. The nation has run itfelf into 
 an immenfe debt to give them their 
 protection ; and now they are called 
 upon to contribute a fmall (hare to- 
 wards the public expence, an expence 
 arifing from themfelves, they renounce 
 your authority, infult your officers,' 
 and break out, I might almoft fay, 
 into open rebellion. The feditious 
 fpirit of the colonies owes its birth to 
 the factions in the houfe. Gentle- 
 men are carelefs of the confequences 
 of what they fay, provided it anfwers 
 the purpofes of opposition. We were 
 told we trod on tender ground ; we 
 were bid to expect diibbedience. 
 What was this, but telling the Ame- 
 ricans to ftand out again ft the law, 
 to encourage their obftinacy with the 
 expectation of fupport, from hjence ? 
 Let us only hold out a little, they- 
 
 would 
 
PRIOR DO 
 
 would fay, our friends will foon be 
 in power. Ungrateful people of 
 America'. Bounties Jiave been ex 
 tended to them. When I had the 
 honour of ferving the. crown, Awhile 
 you yourfelves were loaded with an 
 enormous debt, you have given boun- 
 ties on their lumber, on their iron, 
 their hemp, and many other articles. 
 You have relaxed, in their favour, 
 the aft of navigation, that palladium 
 of the Britifh commerce ; and yet I 
 have been abufed in all the public 
 papers as an enemy to the trade of 
 America. I have been particularly 
 charged with giving orders and in- 
 ftructions to prevent the Spanifh trade, 
 and thereby Hopping the channel, by 
 which alone North- America ufed to 
 be fuppiied with cam for remittances 
 to this country. I defy any man to 
 produce any fuch orders or inftruc- 
 tions. I difcouraged no trade but 
 what was illicit, what was prohibited 
 by aft of parliament. I deiire a 
 Weft-India -merchant, well knovv'n in 
 the city (Mr. Long) a gentleman of 
 character, may be examined. He 
 will tell you, that I offered to do 
 every thing in my power to advance 
 the trade of America, I was above 
 giving an anfvver to anonymous ca- 
 lumnies ; but in this place, it be- 
 comes one to wipe off the afperfion.' 
 
 Here Mr. Grcnville ceafed. Se- 
 veral members got up to fpeak, but 
 Mr. Pitt feeming to rife, the houfe 
 was fo clamorous for Mr. Pitt, Mr. 
 Pitt, that the fpeaker was obliged to 
 call to order. After obtaining a lit- 
 tle quiet, he faid, Mr. Pitt was 
 up ;' who began with informing the 
 houfe, ' That he did not mean to 
 have gone any further upon the fub- 
 jeft that day ; that he had only <ic- 
 iigned to have thrown out a few 
 hints, which, gentlemen who were 
 fo confident of the right of this king- 
 dom to fend taxes to America, might 
 confider ; might, perhaps, refleft, 
 in a cooler moment, that the right 
 was at leait equivocal. But fince the 
 
 C U M E N T S. 61 
 
 gentleman, who fpoke laft, had not 
 ilopped on that ground, but had gone 
 into the whole ; into the juftice, the 
 equity, the policy, the expediency of 
 the itamp-aft, as well as into 'the 
 right, he would follow him through 
 the whole field, and combat his ar- 
 guments on every point.' 
 
 He was going on, when the late 
 Lord Strange got up, and called both, 
 the gentlemen, Mr. Pitt, and Mr. 
 Grenville, to order. He faid, they 
 had both departed from the matter 
 before the houfe, which was the 
 King's fpeech ; and that Mr. Pitt 
 was going to fpeak twice on the fame 
 debate, although the houfe was not 
 in a committee.' 
 
 Mr. Onflow (now Lord Onflow) 
 anfwered, ' That they were both in 
 order, as nothing had been faid, but 
 what was fairly deducible from the 
 King's fpeech ;' and appealed to the 
 Speaker. The Speaker decided in 
 Mr. Onflow's favour. 
 
 Mr. Pitt faid, ' I do not appre- 
 hend I am fpeaking twice : I did ex~ 
 prefsly referve a part of my fubjeft, 
 in order to fave the time of this hoafe, 
 but I am compelled to proceed in it. 
 I do not fpeak twice ; I only finifhed 
 what I defignedly left imperfect. But 
 if the houfe is of a different opinion, 
 far be it from me to indulge a wifh of 
 iranfgreffion, againft order. I am 
 content, if it be your pleafure, to be 
 
 filent.' Here he paufed The houfe 
 
 refounding with, Go on, go on ; he 
 proceeded : 
 
 ' Gentlemen, Sir, (to the Speaker) 
 I have been charged with giving 
 birth to fedition in America. They 
 have fpoken their fentiments with 
 freedom, againft this unhappy aft, 
 and that freedom has become their 
 crime. Sorry I am to hear the liber- 
 . ty of Cpeech in this houfe, imputed as 
 a crime. But the imputation mall 
 not diicourage me. It is a liberty I 
 mean to exercife. No gentleman 
 ought to be afraid to exercife it. It 
 is a liberty by which the gentleman 
 
 who 
 
6z P R I O R D O 
 
 who calumniates it might have pro- 
 fited. He ought to have profited. 
 He ought to have defifted from his 
 project. The gentleman tells us, 
 America is obilinate ; America is 
 almoft in open rebellion. I rejoice 
 that America has refifted. Three 
 millions of people, fo dead to all the 
 feelings of liberty, as voluntarily to 
 fubmit to be {laves, would have been 
 lit inftruments to make flaves of th,e 
 $eil. I come not here armed at all 
 points, with law cafes and acts, of 
 parliament, with the ftatute book 
 doubled down in dogs-ears, to defend 
 the caufe of liberty : if I had, I my- 
 feif would have cited the two cafes of 
 Chefter and Durham. I would have 
 cited them, to have {hewn, that, 
 even under any arbitrary reigns, par- 
 liaments were amamed of taxing a 
 people without their confent, and al- 
 lowed them reprefentatives. Why 
 diid the gentleman confine himfelf to 
 Chefter and Durham ? He might 
 feave taken a higher example in 
 Waks; Waks, that never was taxed 
 by parliament till it was incorporated. 
 I would: not debate ^.particular point 
 <jf law with the gentleman : I know 
 Ms abilities. I have been obliged to 
 fsis- diligent refearches. But, for the 
 defence of liberty upon a general 
 principle, upon a conilitutional prin- 
 ciple, it is a ground on which I {land 
 firm ; on which I dare meet any man. 
 The gentleman tells us of many who 
 ire taxed, and are not reprefented. 
 The India company, merchants, 
 fleck-holders, manufacturers. Surely 
 many of thefe are reprefented in 
 ther capacities^ as owners of land, 
 Gf as freemen of boroughs. It is a 
 misfortune that more are not actually 
 reprefented. But they are all inha- 
 bitants, and, as fuch, are virtually 
 reprefented. Many have it in their 
 option to be actually reprefented. 
 They have connections with thofe 
 that elect, and they have influence 
 &ver them. The gentleman men- 
 tioned the ftock-hoklers : I hope fie 
 
 C U M E N T S. 
 does not reckon the debts of the na> 
 tion as a part of the national eflate. 
 Since the acceflion of King William, 
 many minifters, fome of great, others 
 of more moderate abilities, have taken 
 the lead of government.' 
 
 He then went through the lift of 
 them, bringing it down till he cam$ 
 to himfelf, giving a mort {ketch of 
 the characters of each of them. 
 ' None of thefe, he faid, thought, 
 or ever dreamed, of robbing the co- 
 lonies of their conilitutional rights. 
 That was referred to mark the sera 
 of the late adminiftration : not that 
 there ware wanting fome, when I had 
 the honour to ferve his Majefty, to 
 propofe to me to burn my fingers 
 with an American ftamp act. With 
 the enemy at their back, with our- 
 bayonets at their breails, in the day 
 of their diilrefs, perhaps the Ameri- 
 cans would have iubmitted to the im- 
 pofition ; but it would have been 
 taking an ungenerous, and unjufl ad- 
 vantage. The gentleman boafts of 
 his bounties to America ! Are not 
 thofe bounties intended finally for the, 
 benefit of this kingdom ? If they are 
 not, he has mifapplied the national 
 treafures. I am no courtier of Ame- 
 rica, I fland up for thjis kingdom. 
 I maintain, that the parliament has 
 a right to bind, to reftrain America. 
 Our legiftative power over the colo- 
 nies is fovereign and fupreine. When 
 it ceafes to be fovereign and fupreme,^ 
 I would advife every gentleman to-. 
 fell his lands, if he can, and embark 
 for that country. When two coun- 
 tries are connected together, like 
 England and her colonies, without 
 being incorporated, the one muft ne- 
 cefTarily govern ; the greater mult 
 rule the lefs ; but fo rule it, as not 
 to contradict the fundamental prin- 
 ciples that are common to both. 
 
 f If the gentleman does not under- 
 ftand the difference between internal 
 and external taxes, I cannot help it ;. 
 but there is a plain diflinction between 
 taxes levied for the purpofes of raifmg 
 
PRIOR DO 
 
 a revenue, and duties impofed for 
 the regulation of trade, for the ac- 
 commodation of the fubject ; altho', 
 in the confequences, feme revenue 
 might incidentally arife from the lat- 
 ttr. 
 
 ' The gentleman aflts, when were 
 the colonies emancipated ? But I de- 
 fire to know, when they were made 
 fl'aves ? But I dwell not upon words. 
 When I had the honour of fervlng his 
 Majefty, I availed myfelf of the means 
 of mfbrmation, which I derived from 
 my office : I fpeak therefore from 
 knowledge. My materials were good. 
 I was at pains to collect, to digeft, 
 to confider them ;. and I will be bold 
 to affirm, that the profits to Great- 
 Britain from the trade of the colonies, 
 through all its branches, is two mil- 
 lions a year. This is the fund that 
 carried you triumphantly through the 
 laft war. The eftates that were rent- 
 ed at two thoufand pounds a year, 
 threefcore years ago, are at three 
 thoufand pounds at prefent. Thofe 
 eftates fold then from fifteen to eigh- 
 teen years purchafe ; the fame may 
 be now fold for thirty. You owe 
 this to America. This is the price 
 that America pays you for her protec- 
 tion. And mall a miferable financier 
 come with a boaft, that he can fetch 
 a pepper-corn into the Exchequer, to 
 the lofs of millions to the nation ! 
 I dare not fay, how much higher thefe 
 profits may be augmented. Omit- 
 ting the immenfe increafe of people, 
 by natural population, in the north- 
 ern colonies, and the migration from 
 tvery part of Europe, I am convin- 
 ced the whole commercial fyftem of 
 America may be altered to advan- 
 tage. You have prohibited, where 
 you ought to have encouraged ; and 
 you have encouraged where you ought 
 to have prohibited. Improper re- 
 ftraints have been laid on the conti 
 nent, in favour of the iflands. You 
 have but two nations to trade with in 
 America. Would you had twenty ! 
 Let acts of parliament in con fequence 
 
 C U M E N T S. 63 
 
 of treaties remain, but let not an 
 Engliih minifter become a cuftom- 
 houie officer for Spain, or for any fo- 
 reign power. Much is wrong, much 
 may be amended for the general 
 good of the whole. 
 
 f Does the gentleman complain he 
 has been miire.prefented in the public 
 prints ? It is a common misfortune, 
 in the Spanifh affair of the laft war, 
 I was abufed in all the news-papers, 
 for having advifed his Majefty to vio- 
 late the law of nations with regard to 
 Spain. The abuie was induftrioufly 
 circulated even in hand-bills. If 
 adminiftration did not propagate the 
 abufe, adminiftration never contra- 
 dicted it. I will not fay what advice 
 I did give to the King. My advice 
 is in writing, figned by myfelf, in 
 the poffeffion of the crown. But I 
 will fay, what advice I did not give 
 to the King : I did not advife him 
 to violate any of the laws of nations. 
 
 ' As to the report of the gentle- 
 man's preventing in fome way the 
 trade for bullion with the Spaniards, 
 it was fpoken of fo confidently, that 
 I own I am one of thole who did be- 
 lieve it to be true. 
 
 ' The gentleman muft not wonder 
 he was not contradicted, when, as 
 the minifter, he aflerted the right of 
 parliament to tax America. I know 
 not how it is, but there is a modefty 
 in this houfe which does not chufe to 
 contradict a minirter. 1 wifh gentle- 
 men would get the better of this mo- 
 defty. ]f they do not, perhaps, the 
 collective body may begin to abate 
 of its refpect for the reprefentative. 
 Lord Bacon had told me, that a great 
 queftion would not fail of being agi- 
 tated at one time or another. I was 
 willing to agitate that at the proper 
 feafon, the German war: my Ger- 
 man war, they called it. Every fef- 
 fions I called out, has any body any 
 objections to the German war ? No 
 body would object to it, one gentle- 
 man only excepted, fmce removed to 
 the upper houfe, by iiicceilion to an 
 
 ancient 
 
64 P R I O R D O 
 
 ancient barony/ (meaning Lord le 
 Defpencer, formerly Sir Francis Dam- 
 wood ;) he told me, " he did not like 
 a German war." I honoured the 
 man for it, and was forry when he 
 was turned out of his poll. 
 
 ' A great deal has been faid without 
 doors, of the power, of the Itrength 
 of America. It is a topic that ought 
 to be cautioufly meddled with. In 
 a good cauie, on a found bottom, the 
 force of this country can crufh America 
 to atoms. I know the valour of your 
 troops. I know the fkill of your of- 
 ficers. There is not a company of 
 foot that has ferved in America, out 
 of which you may not pick a man of 
 fufficient knowledge and experience, 
 to make a governor of a colony there. 
 But on this ground, on the ftainp-acT:, 
 when fo many here will think it a 
 crying injuftice, I am one who will 
 lift up my hands againft it. 
 
 * In iuch a caufe, your iuccefs would 
 be hazardous. America, if me fell, 
 would fall like the ilrong man. She 
 would embrace the pillars of the ftate, 
 and pull down the conftitution along 
 with her. Is this your boafted peace ? 
 Not to fheath the fword in its fcab- 
 bard, but to {heath it in tke bowels 
 of your countrymen ? Will you quar - 
 rel with yourlelves, now , the whole 
 houfe of Bourbon is united againft 
 you ? While France difturbs your 
 fifheries in Newfoundland, embar- 
 rafies your ilave trade to Africa, and 
 withoids from your fubjecls in Canada, 
 their property ftipulated by treaty; 
 while the ranfom for Manillas is ae- 
 nied by Spain, and its gallant con- 
 queror baiely traduced into a mean 
 plunderer, a gentleman, (Sir W. 
 Draper) whofe noble and generous 
 fpirit would do honour to the proudeit 
 grandee of the country. The Ame- 
 ricans have not acted in all things 
 with prudence and temper. They 
 have been wronged. They have been 
 driven to .madnefs by injuilice. Will 
 you puniih them for the madnefs you 
 have occafioned ? -Rather let prudence 
 and temper come iirlt irooi this title. 
 
 C U M E N T S . 
 
 I will undertake for America, that me 
 will follow the example. There are 
 two lines in a ballad of Prior's, of a 
 man's- behaviour to his wife, fo ap- 
 plicable to you anct your colonies, 
 that I cannot help repeating them : 
 f Be to her faults a little blind : 
 * Be to her virtues very kind. 
 ' Upon the whole, I will beg leave 
 to tell the houfe what is really my 
 opinion. It is, that the ftamp-aft 
 be repealed abfolutely, totally, and 
 immediately. That the reafon for 
 the repeal be affigned, becaufe it was 
 founded on an erroneous principle. 
 At the fame time, let the fovereign 
 authority of this country over the co- 
 lonies, be aflerted in as ftrong terms 
 as can be devifed, and be made to 
 extend to every point of legiflation 
 whatsoever. That we may bind their 
 trade, confine their manufactures, and :, 
 exercife every power whatfoever, ex- 
 cept that of taking their money 
 out of their pockets without their 
 confent I' 
 
 This debate determined the repeal 
 of the ftamp-ac~l. At the fame time 
 a bill was brought in, and paffed, 
 for fecuring the dependence of Ame- 
 rica on Great Britain, in which it 
 was aflerted, " That the Parliament 
 of Great Britain had a right to bind 
 the Colonies in all cafes whatfoever." 
 
 When the bill to repeal the ftamp- 
 acl, was before the committee of the 
 houfe of commons, Dr. Benjamin 
 Franklin was examined at the bar of 
 the houfe, on the affairs of America. 
 The following is a copy of the exa- 
 mination. 
 
 Q^ What is your name, and place 
 of abode ? 
 
 A. Franklin, of Philadelphia. 
 
 Q^ Do the Americans pay any con- 
 fiderubie taxes among themfelves ? 
 
 A. Certainly many, and very heavy 
 taxes. 
 
 Q^ What are the prefent taxes in 
 Pennlylvania, laid by the laws of the 
 colony? A. There 
 
PRIOR DO 
 
 A. There are taxes on all eftates 
 real and perfonaJ, a poll-tax, a tax 
 on all offices, profeffions, trades and 
 bufineffes, according to their profits ; 
 an excife on all wine, rum, and other 
 fpirits ; and a duty of ten pounds per 
 head on all Negroes imported, with 
 fome other duties. 
 
 Q^ For what purpofes are thofe 
 taxes laid ? 
 
 A. For the fupport of the civil and 
 military eftablifhments of the country, 
 and to difcharge the heavy debt con- 
 traded in the laft war. 
 
 Q^ How long are thcfe taxes to 
 continue ? 
 
 A. Thofe for difcharging the debt 
 are to continue till 1772, and longer, 
 if the debt fhould not be then all dif- 
 charged. The others mull always 
 continue. 
 
 Q^ Was it not expefted that the 
 debt would have been fooner dif- 
 charged ? 
 
 A. It was, when the peace was 
 made with France and Spain But a 
 frelh war breaking out with the In- 
 dians, a frefli load of debt was in- 
 curred, and the taxes, of courfe, con- 
 tinued longer by a new law. 
 
 Q^ Are not all the people very 
 able to pay thofe taxes ? 
 
 A. No. The frontier counties, all 
 along the continent, have been fre- 
 quently ravaged by the enemy, and 
 greatly impoverished, are able to pay 
 very little tax. And therefore, in 
 confideration of their diftrclTes, our 
 late tax laws do exprcfsly favour thole 
 counties, excufmg the iuffcrers ; and 
 I fuppofe the fame is done in other 
 government. 
 
 Q^ Are not you concerned in the 
 management of the poil-oifice in Ame- 
 rica ? 
 
 A. Yes. I am deputy port-matter 
 general of North- America. 
 
 Q. Don't you think the dirtrlbution 
 of itamps, by port, to all the inha- 
 bitants, very practicable, if there 
 was no opposition ? 
 
 A. The ports only go along the 
 
 C U M E N T S. 65 
 
 fea-coafts ; they do not, except in a 
 few inftances, go back into the 
 country; and if they did, lending 
 for ilamps by port would occafion an 
 expence of portage, amounting, in 
 many cafes, to much more than that 
 of the ftamps themfelyes. 
 
 Q^ Are you acquainted with New- 
 foundland ? 
 
 A. I never was there. 
 
 Q^ Do you know whether there are 
 any port-roads on that ifland ? 
 
 A. I have heard that there are no 
 roads at all ; but that the comr/iu- 
 nication between one fettlement and 
 another is by fea only. 
 
 Q^ Can you difperfe the ftamps by 
 port in Canada ? 
 
 A. There is only a port between 
 Montreal and Quebec. The inha- 
 bitants live fo fcattered and remote 
 from each other, in that vaft country, 
 that ports cannot be fupported among 
 them, and therefore they cannot get 
 ftamps per port. The Englifh co- 
 lonies too, along the frontiers, are 
 very thinly fettled. 
 
 Q^ From the thinnefs of the back 
 fettlements, would not the ftamp-aft 
 be extremely inconvenient to the in- 
 habitants, if executed? 
 
 A. To be fure it would ; as many 
 of the inhabitants could not get ftamps 
 when they had occafion for them, 
 without taking long journeys, and 
 fpending perhaps three or four pounds, 
 that the crown might get fix-pence. 
 
 Q^ Are not the colonies, from 
 their circumftances, very able to pay 
 the rtamp duty. 
 
 A. In my opinion, there is not 
 gold and iilver enough in the colonies 
 to pay the ftamp duty for one year. 
 
 QL Don't you know that the money 
 arifing from the ftamps was all to be 
 laid out in America ? 
 
 A. J know it is appropriated by the 
 aft to the American fervice ; but it 
 will be fpent in the conquered colo- 
 nies, where the foldiers are, not in 
 the colonies that pay it. 
 
 Q^ Is there not a balance of trade 
 K due 
 
66 
 
 PRIOR DOCUMENTS. 
 
 due from the colonies where the troops 
 are ported, that will bring back the 
 money to the old colonies ? 
 
 A. I think not. I believe very 
 little would come back. I know of 
 no trade likely to bring it back. I 
 think it would come from the colonies 
 where it was fpent diredtly to Eng- 
 land ; for I have always obferved, 
 that in every colony the more plenty 
 the means of remittance to England, 
 the more goods are fent for, and the 
 more trade with England carried 
 on. 
 
 Q^ What number of white inha- 
 bitants do you think there are in 
 Pennfylvania ? 
 
 A. I fnppofe there may be about 
 160,000. 
 
 Q^ What number of them are 
 Quakers ? 
 
 A. Perhaps a third. 
 
 Q^ What number of Germans ? 
 
 A* Perhaps another third; but I 
 cannot fpeakwith certainty. 
 
 Q^ Have any number of the Ger- 
 mans feen fervice, as foldiers, in 
 Europe ? 
 
 A Yes, many of them, both in 
 Europe and America. 
 
 Q^ Are they as much diflatisfied 
 with the ftamp-duty as the Englifh ? 
 
 A. Yes, and more ; and with 
 reafon, as their ftamps are, in many 
 cafes, to be double. 
 
 Q^ How many white men do you 
 fuppofe there are in North-America ? 
 
 A. About 300,000, from fixteen 
 to fixty years of age. 
 
 Q. What may be the amount of 
 one year's imports into Pennfylvania 
 from -Britain ? 
 
 A. I have been informed that otir 
 merchants compute the imports from 
 Britain to be above 500,000 pounds. 
 
 Q^ What may be the amount of the 
 produce of your province exported to 
 Britain ? 
 
 A. It muft be fmall, as we produce 
 little that is wanted in Britain. I 
 fuppofe it cannot exceed 40,000 
 pounds, 
 
 Q^ How then do you pay the 
 balance ? 
 
 A. The balance is paid by our pro- 
 duce carried to the Weft-Indies, and 
 fold in our own iflands, or to the 
 French, Spaniards, Danes and Dutch; 
 by the fame carried to other colonies 
 in North-America, as to New-Eng- 
 land, Nova- Scotia^ Newfoundland, 
 Carolina and Georgia ; by the fame 
 carried to different parts of Europe, as 
 Spain, Portugal and Italy. In all 
 which places we receive either money, 
 bills of exchange, or commodities that 
 fuit for remittance to Britain ; which, 
 together with all the profits on thd 
 induflry of our merchants and ma- 
 riners, arifing in thofe circuitous voy- 
 ages, and the freights made by their 
 mips, center finally in Britain to dif- 
 charge the balance, and pay for Britilh 
 manufactures continually ufed in the 
 province, or fold to foreigners by our 
 traders. 
 
 Q^ Have you heard of any diffi- 
 culties lately laid on the Spanifli 
 trade ? 
 
 A* Yes, I have heard that it has 
 been greatly obftrufted by fome new 
 regulations, and by the Englilh men 
 of war and cutters ftationed all along 
 the coaft in America. 
 
 Q^ Do you think it right that 
 America fhould be protected by this 
 country, and pay no part of the 
 expence ? 
 
 A. That is not the cafe. The co- 
 lonies raifed, cloathed and payed, 
 during the iail war, near 25000 men, 
 and fpent many millions. 
 
 Q^ Were not you reimburfed by 
 parliament ? 
 
 A . We were only reimburfed what, 
 in your opinion, we had advanced 
 beyond our proportion, or beyond 
 what might realonably be expected 
 from us ; and it was a very fmall part 
 of what we fpent. Pennfylvania, in 
 particular, ciilburfed about 500,000 
 pounds, and the reimburfements in 
 the whole, did not exceed 60,000 
 pounds. 
 
PRIOR DOCUMENTS, 67 
 
 his trade, he puts an additional price 
 on his goods ; and the confumers, 
 who are chiefly landholders, finally 
 pay the grcateft part, if not the 
 whole. 
 
 Q^ You have faid that you pay 
 heavy taxes in Pennfylvania ; what do 
 they amount to in the pound ? 
 
 A. The tax on all eftates, real and 
 perfonal, is eighteen-pence in the 
 pound, fully rated ; and the tax on 
 the profits of trades and profefiions, 
 with other taxes, do, I fuppofe, make 
 full half a crown in the pound, 
 
 Q^ Do you know any thing of the 
 rate of exchange in Pennfylvania, and 
 whether it has fallen lately ? 
 
 A. It is commonly frpm 170 to 175. 
 I have heard that it has fallen lately 
 from 175 to 162 and a half, owing, 
 I fuppofe, to their lefiening their 
 orders for goods ; and when their 
 debts to this country are paid, I think 
 the exchange will probably be at par. 
 
 Q^ Do not you think the people of 
 America would fubmit to pay the 
 {lamp-duty, if it was moderated ? 
 
 A. No, never, unlefs compelled by 
 force of arms. 
 
 Q^ Are not the taxes in Pennfyl- 
 vania laid on unequally, in order to 
 burthen the Englifh trade, particu- 
 larly the tax on professions and bu- 
 fmefs ? 
 
 A. It is not more burthenfome in 
 proportion than the tax on lands. It 
 is intended, and fuppofed to take an 
 equal proportion of profits. 
 
 Q^ How is the a(Temb!y compofcd ? 
 Of what kind of people are the mem- 
 bers, landholders or traders ? 
 
 A. It is compofed of landholders, 
 merchants and artificers. 
 
 Q^ Are not the majority land- 
 holders ? 
 
 A. I believe they are. 
 
 Q^ Do not they, as much as pof- 
 fible, fhift the tax off from the land, 
 to eafe that, and lay the burthen 
 heavier on trade ? 
 
 A. I have never underftood it fo. 
 T never heard fuch a thing fuggefted. 
 And indeed an attempt of that kind 
 could anfwer no purpofe. The mer- 
 chant or trader is always {killed in 
 jigures, and ready with his pen and 
 ii\k. If unequal burthens are bid on 
 
 Q^ What was the temper of Ame- 
 rica towards Great Britain before the 
 year 1763? 
 
 A. The bed in the world. They 
 fubmitted willingly to the government 
 of the crown, and paid, in all their 
 courts, obedience to acts of parlia- 
 ment. Numerous as the people are 
 in the feveral old provinces, they coft 
 you nothing in forts, citadels, gar- 
 rifons or armies, to keep them in fub- 
 jedtion. They were governed by this 
 country at the expence only of a little 
 pen, ink and paper. They were led 
 by a thread. TJiey had not only a 
 refpect, but an affection for Great- 
 Britain, for its laws, its cuftoms and 
 manners, and even a fondnefs for its 
 fafhions, that greatly increafed the 
 commerce. Natives of Britain were 
 always treated with particular regard $ 
 to be an Old England-man was, of 
 itfelf, a character of fome reflect, and 
 gave a kind of rank among us. 
 
 Q. And what is their temper now. 
 
 A. O, very much altered. 
 
 Q^ Did you ever hear the authority 
 of parliament to make laws for Ame- 
 rica queftioned till lately? 
 
 A. The authority of parliament 
 was allowe4 to be valid in all laws, 
 except fuch as mould lay internal 
 taxes. It was never difputed in laying 
 duties to regulate commerce. 
 
 Qi. In what proportion hath popu- 
 lation increafed in America ? 
 
 A. I think the inhabitants of all 
 the provinces together, taken at a me- 
 dium, doable in about twenty-five 
 years. But their demand for Britifl\ 
 manufactures increafes much fafter, as 
 the confumption is not merely in pro- 
 portion to their numbers, but grows 
 with the growing abilities of the fame 
 numbers to pay for them. In 1723, 
 the whole importation from Britain to 
 Fennfylvania,' was but about 15,000^ 
 K 2 pound 
 
6 g P R I O K D O 
 
 pounds flerling ; it is now near half 
 a million. 
 
 Q., In what light did the people of in England? 
 
 U M E N T S. 
 
 ^ Are not the lower rank of peo- 
 ple more at their eafe in America than 
 
 America ufc to confider the parliament 
 of Great-Britain ? 
 
 A. They con fidered the parliament 
 as tbe great bulwark and fecurity of 
 their liberties and privileges, and al- 
 ways fpoke of it with the utmoft re- 
 fpeft and veneration. Arbitrary mi- 
 nifters, they thought, might poffibly, 
 at times, attempt to opprefs them ; 
 but they relied on it, that the parlia- 
 ment, on application, would always 
 
 A. They may be fo, if they are 
 fober and diligent, as they are better 
 paid for their labour. 
 
 Q^ What is your opinion of a 
 future tax, impofed on the Tame prin- 
 ciple with that of the ilamp-a ct ; how 
 would the Americans receive it ? 
 
 A. Juft as they do this. They 
 would not pay it. 
 
 Q^ Have not you heard of the re- 
 folutions of this houfe, and of the 
 
 giveredrefs. They remembered, with houfe of lords, afferting the right of 
 gratitude, a ftrong inftance of this, parliament relating to America, in- 
 a bill was brought into parlia- 
 with a claufe', to make royal 
 
 when 
 
 ment, 
 
 inftruClions laws in the colonies, which 
 
 the houfe of commons would not pafs, 
 
 and it was thrown out. 
 
 Q^ And have they not fUll the fame 
 refpect for parliament ? 
 
 A. No ; it is greatly lefTened. 
 Q^ To what oaufes is that owing ? 
 A. To a concurrence of caufes ; 
 the restraints lately laid on their trade ; 
 by which the bringing of foreign gold 
 and filver into the colonies was pre- 
 vented ; the prohibition of making 
 paper money among themfelves ; and 
 then demanding a new and heavy tax 
 by ftainps ; taking away, at the fame 
 time, trials by juries, and refilling to 
 receive and hear their humble pe- 
 titions. 
 
 Q^ Don't you think they would 
 fubmit to thf ilamp-acl, if it was 
 modified, the obnoxious parts taken 
 out, and the duty reduced to fome 
 par iculars, of fmall moment ? 
 
 A. No; they will never fubmit 
 to it. 
 
 Q^ What do you think is the rea- 
 fon mat tne people of America in- 
 crtafe fader than in England J 
 
 A. Be-aufe they marry younger, 
 and more generally. 
 Q^ Why fo ? 
 
 A. Becaufe any young couple that 
 are incuilrioas, may eafily obtain land 
 of their own, on which they can raife 
 a family. 
 
 eluding a power to tax the people 
 there ? 
 
 A, Yes, I have heard of fuch re- 
 folutions. 
 
 Q^ What will be the opinion of 
 the Americans on thofe refolutions? 
 
 A. They will think them uncon- 
 ftitutional and unjuft. 
 
 Q., Was it an opinion in America 
 before 1763, that she parliament had 
 no right to lay taxes and duties 
 there ? 
 
 A. I never heard any objection to 
 the right of laying duties to regulate 
 commerce ; but a right to lay internal 
 taxes was never fuppofed to be in par- 
 liament, as we are not reprefented 
 there. 
 
 Q^ On what do you found your 
 opinion, that the people in America 
 made any fuch diftindion ? 
 
 A. I know that whenever the fubjecl 
 his occurred in converfation where I 
 have been prefent, it has appeared to 
 be the opinion of every one, that we 
 could not be taxed in a parliament 
 where we were not repreiented. But 
 the payment of duties laid by aft of 
 parliament, as regulations of com- 
 merce was never diiputed. 
 
 Q^ But can you name any act of 
 aflembly, or public ad of any of your 
 governments, that made iuch dif- 
 tinction ? 
 
 A. I do not know that there was 
 any ; I think there was never an oc- 
 
 cafion 
 
PRIOR DO 
 
 cafion to make any fuch acl, till now 
 that you have attempted to tax us ; that 
 has occafioned refolutions of affembly, 
 declaring the diilinclion, in which I 
 think every affembly on the continent, 
 and every member in every affembly, 
 have been unanimous. 
 
 Q^ What then could occafion con- 
 veriadons on that fubject before that 
 time. 
 
 A. There was in 17 54 a proportion 
 made (I think it came from hence) 
 that in cafe of a war, which was then 
 apprehended, .the governors of the 
 colonies fhould meet, and order the 
 levying of troops, building of forts, 
 and taking every other neceffary mea- 
 fure for the general defence ; and 
 fhould draw on the treafury here for 
 the fums expended, which were after- 
 wards to be raifed in the colonies by a 
 general tax, to be laid on them by act 
 of parliament. This occafioned a 
 good deal of converiation on the fub- 
 jtct, and the general opinion was, 
 that the parliament neither would nor 
 could lay any tax on us, till we were 
 duly repreiented in parliament, be- 
 cauie it was not jure, nor agreeable to 
 the nature of an Englifh conilitution. 
 Q^ Don't you know there was a 
 time in New- York, when it was 
 under conilderation to make an ap- 
 plication to parliament to lay taxes on 
 that colony, upon a deficiency arifing 
 from the affembly's refufing or ne- 
 glecting to raife the neceflary fupplies 
 lor the fupport of the civil govern- 
 ment ? 
 
 A. I never heard of it. 
 Q^ There was fuch an application 
 \mder confideration in New-York; 
 and do you apprehend they could fup- 
 pofe the right of parliament to lay a 
 tax in America was only local, and 
 confined to the cafe of a deficiency in 
 a particular colony, by a refufal of its 
 aftembly to raife the neceflary fup- 
 plies ? 
 
 A. They could not fuppofe fuch a 
 cafe, as that the afTembly would not 
 raife the neceffary fupplies to fupport 
 
 C U M E N T S. 69 
 
 its own government. An a/Terribly 
 that would refufe it mull want com- 
 mon fen fe, which cannot be fuppofed. 
 J think there never was any fuch cafe at 
 New-York, and that it muft be a 
 mifrepretentation, or the fad muft be 
 milunderilood. I know there have 
 been fome attempts, by miniilerial 
 inttructions from hence, to oblige the 
 affembiies to fettle permanent falarie* 
 on governors, which they wifely re- 
 fufed to do ; but I believe no af. 
 fembly of New- York, or any other 
 colony, ever refufe<l duly to fupport 
 government by proper allowances, 
 from time to time, to public officers. 
 
 Q^ Bat in cafe a governor, acting 
 by initruction, mould call on an al- 
 fembly to raife the neceffary fupplies, 
 and the affembly rtiould refufe to do 
 it, do you not think it would then be 
 for the good of the people of the 
 colony, as well as neceffary to govern* 
 ment, that the parliament mould tax 
 them ? 
 
 A. I do not think it would be ne- 
 ceffary. If an affembly could poffibly 
 be fo abfurd as to refufe raifing the 
 fupplies requifite for the maintenance 
 of government among them, they 
 could not long remain in fuch a 
 fituation -, the diforders and confufion 
 occafioned by it muft foon bring them 
 to reafon. 
 
 Q^ If it fhould not, ought not the 
 .right to be in Great-Britain of apply- 
 ing a remedy f 
 
 A. A right only to be ufed in fuch 
 a cafe, I ihould have no objection to, 
 fuppofing it to be ufed merely for the 
 good of the people of the colony. ' 
 
 Q^ But who is to judge of that, 
 Britain or the colony ? 
 
 A. Thofe that feel can beft judge. 
 Q^ You fay the colonies have al- 
 ways fubmitted to external taxes, and 
 object to the right of parliament only 
 in laying internal taxes ; now can you 
 fnew that there is any kind of dif- 
 ference between the two taxes to the 
 colony on which they may be laid ? 
 
 A. I 
 
73 F H I O R DO 
 
 A. I think the difference is very 
 great. An external tax is a duty laid 
 on commodities imported ; that duty 
 is added to the firft coft, and other 
 charges on the commodity, and when 
 it is offered to fale, makes a part of 
 the price. If the people do not like 
 it at that price, they refufe it ; they 
 are not obliged to pay it. But an 
 internal tax is forced from the people 
 without their confent, if not laid by 
 their own reprefentativ.es. Theftamp 
 aft fays, we mall have no commerce, 
 make no exchange of property with 
 each other, neither purchafe nor 
 grant, nor recover debts ; we mall 
 neither marry nor make our wills, 
 Etnlefs we gay fuch and fuch fums, 
 and thus it is intended to extort our 
 money from us, or ruin us by the 
 conferences of refufmg to pay it. 
 
 Q^ But fuppofmg the internal tax 
 or duty to be laid on the necefiaries of 
 life imported into your colony, will 
 not that be the fame thing in its 
 effects as an internal tax ? 
 
 A. I do not know a fingle article 
 imported into the northern colonies, 
 bat what they can either do without, 
 or make themfelves. 
 
 Q^ Don't you think cloth from 
 England absolutely neceffary to them 2 
 
 A. No, by no means abfolutely 
 BecefTary ; with induftry and good 
 management they may very well 
 fapply themfelves with all they want. 
 
 Q^ Will it not take a long time 
 to edtablim that manufacture among 
 them ; and mull they not in the 
 mean while fuffer greatly ? 
 
 A. I think not. They have made 
 a furprifmg prcgrefs already. And I 
 am of opinion, thai: before their old 
 clothes are worn out, they will have 
 new ones of their own making. 
 
 Q^ Can they poffibly find wool 
 enough in North- America ? 
 
 A. They have taken fleps to in- 
 creafe the wool. They entered into 
 general combinations to eat no more 
 lamb, and very few lambs were killed 
 lait.year. This courfe perfifted in, 
 
 C tJ M E N T S. 
 
 will foon make a prodigious difference 
 in the quantity of wool. And 'the 
 eftablifhing of great manufactories, 
 like thofe in the clothing towns here, 
 is not neceflary, as it is where the 
 bufinefs is to be carried on for the pur- 
 pofes of trade. The people will all 
 fpin, and work for themfelves, in their 
 own hotifes. 
 
 Q^ Can there be wool and manu- 
 facture enough in one or two years ? 
 
 A. In three years, I think, there 
 may. 
 
 Q^ Does not tke feverity of the 
 winter, in the northern colonies, oc- 
 cafion the wool to be of bad quality ? 
 
 A. No ; the wool is very fine and 
 good. 
 
 Q^ In die more fouthern colonies, 
 as i,n Virginia, don't you know that 
 the wool is coarfe, and only a kind of 
 hair ? 
 
 A, I don't know it. I never heard 
 it. Yet I have been fometimes in 
 Virginia. I cannot fay I ever took 
 particular notice of the wool there, 
 but I believe it is good, though I 
 cannot fpe?k positively of it , but 
 Virginia, and the colonies fouth of it, 
 have lefs occafion for wool ; their 
 winters are fhort, and not \ r ery fevere, 
 and they can very well clothe them- 
 felves with linen and cotton of their 
 own raifmg for the reft of the year. 
 
 Q^ Are not the people in the more 
 northern colonies obliged to fodder 
 their fheep all the winter? 
 
 A. In fome of the moll northern 
 colonies they may be obliged to do it 
 fome part of the w : nter, 
 
 Q^ Confidering the refolutions of 
 parliament, as to the right, do you 
 think, if the itamp-aft is repealed, 
 that the North-Americans will be fa- 
 tisfied ? 
 
 A. I believe they will ? 
 
 Q^ Why do you think fo ? 
 
 A. I think the refolutions of right 
 will give them very little concern, if 
 they are never attempted to be carried 
 into practice. The colonies will pro- 
 bably confider themfelves in the fame 
 fituation, 
 
PRIOR DO 
 
 fituatiqn, in that refpedt, with Ire- 
 land ; they know you claim the fame 
 right with regard to Ireland, but you 
 never exercife it. And they may 
 believe you never will exercife it in 
 the colonies, any more than in Ire- 
 land, unlefs on fome very extraordi- 
 nary occafion. 
 
 Q^ But who are to be the judges of 
 that extraordinary occafion ? Is not 
 the parliament ? 
 
 A. Though the parliament may 
 judge of the occafion, the people will 
 think it can never exerciie fuch right, 
 till reprefentatives from the colonies 
 are admitted into parliament, and 
 that whenever the occafion arifes, re- 
 prefentatives will be ordered. 
 
 Q^ Did you never hear that Mary- 
 land, during the laft war, had refufed 
 to furnim a quota towards the com- 
 mon defence ? 
 
 A. Maryland has been much mif- 
 reprefented in that matter. Mary- 
 land, to my knowledge, never re- 
 fufed to contribute, or grant aids to 
 the crown. The aifemblies every 
 year, during the war, voted confider- 
 able fums, and formed bills to raife 
 them. The bills were, according to 
 the conftitution of that province, Tent 
 up to the council, or upper houfe, for 
 concurrence, that they might be pre- 
 fented to the governor, in order to be 
 enacted into laws. Unhappy dif- 
 putes between the two houfes arifing, 
 from the defects of that conftitution 
 principally, rendered all the bills but 
 one or two abortive. The proprie- 
 tary's council rejected them. It is 
 true, Maryland did not contribute 
 its proportion, but it was, in my 
 opinion, the fault of the government, 
 not of the people. 
 
 Q^ Was it not talked of in the 
 other provinces as a proper mcafure 
 to apply to parliament to compel 
 them ? 
 
 A. I have heard fuch difcourfe; 
 but as it was well known, that the 
 people were not to blame, no fuch 
 
 C XJ M E N T Si 7i 
 
 application was ever made, nor any 
 Hep taken towards it. 
 
 Q^ Was it not propofed at a pub- 
 lic meeting ? 
 
 A. Not that I know of. 
 
 Q^ Do you remember the abolifh- 
 ing of the paper currency in New- 
 England, by aft of affembly ? 
 
 A. I do remember its being abo- 
 liihed, in the Maffachufett's-bay. 
 
 Q^ Was not lieutenant-governor 
 Hutchinfon principally concerned in 
 that tranfaction ? 
 
 A. I have heard fo. 
 
 Q^ Was it not at that time a very 
 unpopular law ? 
 
 A. I believe it might, though I 
 can fay little about it, as I lived at a 
 diftance from that province. 
 
 Q^ Was not the fcarcity of gold 
 and filver an argument ufed againft 
 abolifhing the paper ? 
 
 A. I fuppofe it was* 
 
 Q^ What is the prefent opinion 
 there of that law ? Is it as unpopular 
 as it was at firft ? 
 
 A. I think it is not. 
 
 Q^ Have not inftructions from 
 hence been fometimes fent over to 
 governors, highly oppreifive and un- 
 political ? 
 
 A. Yes. 
 
 Q^ Have not fome governors dif- 
 penfed with them for that reafon ? 
 
 A. Yes; I have heard fo. 
 
 Q^ Did the Americans ever dif 
 pute the controuling power of par- 
 Jiament to regulate the commerce ? 
 
 A. No. 
 
 Q^ Can any thing lefs than a mi- 
 litary force carry the itamp act into 
 execution ? 
 
 A. I do not fee how a military 
 force can be applied to that purpofe. 
 
 Q. Why may it not ? 
 
 A. Suppofe a military force fent 
 into America, they will find nobody 
 in arms ; what are they then to do ? 
 They cannot force a man to take 
 ftamps who chufes to do without them. 
 They will not find a rebellion ; they 
 may indeed make one. ; Q^ 
 
PRIOR DOCUMENTS. 
 
 Q^ If the acl is not repealed, what 
 do you think will be the confequences ? 
 
 A. A total lofs of the refpect and 
 affeion the people of America bear 
 to this country, and of all the com- 
 merce that depends on that refpecl: 
 and affection. 
 
 Q^ How can the commerce be 
 affected ? 
 
 A. You will find, that if the act 
 is not repealed, they will take very 
 little of your manufactures in a Ihort 
 time. 
 
 Q^ Is it in their power to do with- 
 out them ? 
 
 A. I think they may very well do 
 without them.. 
 
 Q^ Is it their intereil not to takje 
 them ? 
 
 A. The goods they take from Bri- 
 tain are either neceffaries, mere con- 
 veniences, or fuperfluities. . The 
 firft, as cloth, &c. with a little in- 
 duihy they can make at home ; the 
 fecond they can do without, till they 
 are able to provide them among 
 themfelves ; and the laft, which are 
 much the greatefl part, they will 
 ftrike off immediately. They are 
 mere articles of fafhion, purchafed 
 and confumed, becaufe the fafhion m 
 a reipected country ; but will now be 
 deteited and rejected. The people 
 have already ftruck off, by general 
 agreement, the ufe of all goods faih- 
 ionable in mournings, and many 
 thoufand pounds worth are lent- buck 
 as unfaleable. 
 
 Q^ Is it their intereft to make cloth 
 at home ? 
 
 A. I think they may at prefent get 
 it cheaper from Britain, i mean of 
 the fame finenefs and neatnefj of 
 workmanfhip ; but when cne.confi- 
 ders other circumftances, thceftmints 
 on their trade, and the difficulty of 
 making remittances, it is their iate- 
 reit to make evsry thing. 
 
 Q^ cuppofe an act of internal re- 
 gulations connected with a tax, how 
 'would they receive it ? 
 
 A, I think it would be objected to. 
 
 Q^ Then no regulation with a tax 
 would be fubinitted to ? 
 
 A. Their opinion is, that when 
 aids to the crown are wanted, they are 
 to be alked of the feveral aflembUej., 
 according to the old eftablifhed ufage, 
 who will, as they always havQ done, 
 grant them freely. And that their 
 money ought not to be given away, 
 without their confent, by perfons at 
 a diftance, unacquainted with their 
 circumftances and abilities. The 
 granting aids to the crown, is the 
 only means they have of recommend- 
 ing themfelves to their fovereign, 
 and they think it extremely hard and 
 unjuit, that a body of men, in which 
 they have no representatives, fnould 
 make a merit to itielf of giving and 
 granting what is not its own, but 
 theirs, and deprive them of a right 
 they efteem cf the utrnoft value and 
 importance, as it is the fecurity of 
 ail the-r ot!er rights. 
 
 Q. But is not the poft-oirice, which 
 they have long received, a tax as well 
 as a regulation ? 
 
 A. No ; the money paid for the 
 poftage of a letter is not of the nature 
 of a tax ; it is merely a quantum 
 rneruit for a fen/ice done ; no perion 
 is com pe liable to pay the money, if 
 he does not chufe to receive the fer~ 
 vice. A man may ilill, as before 
 the a, fend his letter by a iervant, 
 a fpecial mefienger, or a friend, if 
 he thinks it cheaper and fafer. 
 
 Q^ But do they not confider the re- 
 gulations of tii-: poil-ofiice, by the aft 
 of iafl year, as a tax ? 
 
 A. By the regulations of laft year 
 the rate of poitage was generally 
 abated near thirty per cent, through 
 all America; they certainly cannot 
 confider fuch abatement as a tax. 
 
 Q^ If an excife was laid by parlia- 
 ment, which they might likewife 
 avoid paying, by not con fuming the 
 articles exciled, would they then not 
 object to it ? 
 
 A. They would certainly objet to 
 it, as an excife is unconnected with 
 
 anv 
 
PRIOR DO 
 
 any fervice done, and is merely an 
 aid which they think ought to be 
 aiked of them, and granted by them, 
 if they are to pay it, and can be 
 granted for them by no others what- 
 ibever, whom they have not impow- 
 cred for that purpofe. 
 
 Q^ You fay they do not object to 
 the right of parliament, in laying 
 duties on goods to be paid on their 
 importation ; now, is there any kind 
 of difference between a duty on the 
 importation of goods, and an excife 
 on their coniumption ? 
 
 A. Yes; a very material one ; an 
 cxcife, for the reafons I have juft 
 mentioned, they think you can have 
 ho right to lay within their country. 
 But the fea is yours ; you maintain, 
 by your fleets, the fafety of naviga- 
 tion in it, and keep it clear of pirates ; 
 you may have therefore a natural and 
 equitable right to fome toll or duty 
 on merchandizes carried through that 
 part of your dominions, towards de- 
 fraying the expence you are at in 
 (hips to maintain the fafety of that 
 carriage. 
 
 Q^ Does this reafoning hold in 
 the cafe of a duty laid on the produce 
 'of their lands exported ? And would 
 they not then object to fuch a duty r 
 
 A. If it tended to make the pro- 
 duce fo much dearer abroad as to 
 JefTen the demand for it, to be fure 
 they would object to fuch a duty ; not 
 to your right of laying it, but they 
 would complain of it as a burthen, 
 and petition you to lighten it. 
 
 Q^ Is not the duty paid on the to- 
 bacco exported a duty of that kind ? 
 
 A. That, I think, is only on to- 
 bacco carried coaftwife from one co- 
 lony to another, and appropriated as 
 a fund for fupporting the college at 
 "WilLiamfburgh in Virginia. 
 
 Q L Have not the ailemblies in the 
 Weil-Indies the fame natural rights 
 with thofe in North- America ? 
 
 A. Undoubtedly. 
 
 Q^ And is there not a tax laid 
 there on their fugars exparted ? 
 
 C U M E N T S. 73 
 
 A, I am not much acquainted 
 with the Weft-Indies, but the duty 
 of four and a half per cent, on fugara 
 exported, was, I believe, granted by 
 their own affemblies. 
 
 Q^ How much is the poll-tax in 
 your province laid on unmarried 
 men? 
 
 A. It is, I think, fifteen millings, 
 to be paid by every fingle freeman, 
 upwards of twenty-one years old. 
 
 Q^ What is the annual amount ol 
 all the taxes in Pennfylvania ? 
 
 A. I fuppofe about 20,000 pounds 
 fterling. 
 
 Q^ Suppofmg the ftamp aft con* 
 tinued, and enforced, do you ima* 
 gine that ill-humour will induce the 
 Americans to give as much for worfc 
 manufactures of their own, and ufo 
 them, preferably to better of our* ? 
 
 A. Yes, I think fo. People will 
 pay as freely to gratify one paflion as 
 another, their refentment as their 
 pride. 
 
 Q^ Would the people at Bofton 
 difcontinue their trade $ 
 
 A. The merchants are a very fmall 
 number, compared with the body of 
 the people, and muft difcontinue their 
 trade, if nobody will buy their goods. 
 
 Q^ What are the body of the peo- 
 ple in the colonies ? 
 
 A. They are farmers, hufband- 
 men or planters. 
 
 Q^ Would they fuffer the produce 
 of their lands to rot-? 
 
 A . No ; but they would not raifii 
 fo much. They would manufacture 
 more, and plough lefs. 
 
 Q^ Would they live without the 
 adminifiration of jufticein civil mat- 
 ters, and fuffer all the inconveniences 
 of fuch a fituation for any confider- 
 able time, rather than take the 
 ftamps, fuppofing the itamps were 
 protected by a fufh'cient force, where 
 every one might have them ? 
 
 A. I think the fuppofidon imprac- 
 ticable, that the ftamps mould be fo 
 protected as that every one might 
 have them. The act requires fub- 
 
 L diitribators 
 
74 
 
 PRIOR DO C U M E N T S. 
 
 diftributors to be appointed in every 
 county town, diftrid and village, 
 and they would be neceflary. But. 
 the principal diftributors, who were 
 to have had a eonfiderable profit on 
 the whole, have not thought it worth 
 while to continue in the office, and 
 I think it impoflible to find fub-dif- 
 tr;butors fit to be trufted, who, for 
 the trifling profit that muft come to 
 their mare, would incur the odium, 
 and run the hazard that would attend 
 itj and f if they could be found, I 
 think it impracticable to proted the 
 ftamps in 10 many diftant and remote 
 places. 
 
 Q^ But in places where they could 
 be protected, would not the people 
 ufe them rather thru remain in Aich 
 a lituation, unable to obtain any 
 right> or recover, by law, any debt ? 
 
 A. It is hard to fay what they 
 would do* I can only judge what 
 other people will think, and how 
 they will ad, by what I feel within 
 myfelf. 1 have a great many debts 
 due to me in America, and I had 
 rather they mould remain unrecover- 
 able by any law, than fubmit to the 
 ftamp ad* They will be debts of 
 honour* It is my opinion the peo- 
 ple will either continue in that fnua- 
 ,tion, or find fome way to extricate 
 themfelves, perhaps by generally 
 agreeing to proceed in the courts 
 without {tamps. 
 
 Q^ What do you think a fufficient 
 military force to proted the dillribu- 
 tion of the (lamps in every part of 
 America ? 
 
 A. A very great force; I can't 
 fay whatj if the difpofition of Ame- 
 rica is for a generalireliilance. 
 
 Q^ What is the number of men in 
 America able to bear arms, or of 
 difciplined militia ? 
 
 A. .'here arc, 1 fuppofe, at leaft 
 , Ojieftion objected to. He with- 
 drew* Called in again.] 
 
 Q^ Js the American itamp ad an 
 x en that country ? 
 
 -.k ./ot. 
 r ny fo? 
 
 A. The greateft part of the money 
 muft arife from law-fuits for the re- 
 covery of debts, and be paid by the 
 lower fort of people, who were too 
 poor eafily to pay their debts. It is 
 therefore a heavy tax on the poor^ 
 and a tax upon them for being poor. 
 
 Q^ But will not this increafe of 
 expence be a means of leffening the 
 number of law-fuits ? 
 
 A. I think not; for as the cofts 
 all fall upon the debtor, and are to 
 be paid by him, they would be no 
 difcouragement to the creditor to 
 bring his adion. 
 
 QT Would it not have the effed of 
 exceflive ufury ? 
 
 A. Yes, as an oppreffion of the 
 debtor. 
 
 Q^ How many mips are there 
 laden annually in North-America 
 with flax-feed for Ireland ? 
 
 A. I cannot fpeak to the number 
 of mips, but I know that in 1752, 
 io,oco hogiheads of flax-feed, each 
 containing feven bufhels, were ex- 
 ported from Philadelphia to Ireland* 
 I fuppofe the quantity is greatly in- 
 creafed finee that time ; and it is 
 underftood that the exportation from 
 New- York is equal to that from Phi- 
 ladelphia. 
 
 Qi. What becomes of the flax that 
 grows with that flax-feed ? 
 
 A. They manufadure fome into 
 coarfe, and fome into a middling 
 kind of linen. 
 
 Qi Are there any flitting-mills in 
 America ? 
 
 A. I think tnere are tnree, but I 
 believe only one atprefent employed, 
 I fuppofe they will all be fet to work, 
 if the interruption of the trade con- 
 tinues. 
 
 Q^ Are there any lulling mills 
 there ? 
 
 A. A ^reat many. 
 
 Q^ Did you never hear that a great 
 quantity of itockings were contraded 
 for,, for the army, during the war, 
 and manufadured in Philadelphia ? 
 
 A. I have heard fo* 
 
PRIOR DOCUMENTS. 
 
 Q^ If the ftamp aft mould be re- 
 pealed, would not the Americans 
 think they could oblige the parlia- 
 ment to repeal every external tax- 
 law now in force ? 
 
 A. It is hard to anfwer queftions 
 of what people at fuch a diftance will 
 think. 
 
 Q^ But what do you imagine they 
 will think were the motives of re- 
 pealing the act ? 
 
 A. I fuppofe they will think that 
 it was repealed from a conviction of 
 its inexpediency ; and they will rely 
 upon it, that while the fame inex- 
 pediency fubfifts, ydu will never at- 
 tempt to make fuch another. 
 
 Q,, What do you mean by its in- 
 expediency ? 
 
 A. I mean its inexpediency on 
 feveral accounts ; the poverty and 
 inability of thofe who were to pay the 
 tax ; the general difcontent it has 
 occaiioned ; and the impracticability 
 of enforcing it. 
 
 Q^ If the aft fliould be repealed, 
 and the legiflature fhould mew its 
 refentment to the oppofers of the 
 ftamp act, would the colonies ac- 
 quiefce in the authority of the legif- 
 lature ? What is your opinion they 
 would do ? 
 
 A. I don't doubt at all, that if the 
 legiflature repeal the ftamrj a^ct, the 
 colonies will acquiefce in the autho- 
 rity. 
 
 Q. But if the legiflature Ihould 
 think fit to afcertain its right to lay 
 taxes, by any act laying a fmall tax, 
 contrary to their opinion, would they 
 iubmit to pay the tax ? 
 
 A. The proceedings of the people 
 in America have been confidered too 
 much together. The proceedings of 
 the affemblies have been very different 
 from thofe of the mobs, and fliould 
 be diftinguimed, as having no con- 
 nection with each other. The affem- 
 blies have only peaceably refolved 
 what they take to be their rights ; 
 they have taken no meafures for op- 
 pofition by force ; they have not 
 
 built a fort, raifed a man, ot 
 vided a grain of ammunition, in or- 
 der to fuch oppofition. The ring- 
 leaders of riots they think ought to be 
 puniihed; they would punifh them, 
 themfelves, if they could. Every 
 fober, fenfible man would wifh to 
 fee rioters punifhed, as otherwife 
 peaceable people have no fecurity of 
 perfon or eftate. But as to an inter- 
 nal tax, how fmall foever, laid by 
 the legiflature here on the people 
 there, while they have no reprefen- 
 tatives in this legiflature, I think it 
 will never be fubmitted to. They 
 will oppofe it to the laft: They do 
 not consider it a? at all neceffary for 
 you to raife money pn them by your 
 taxes, becaufe they are, and always 
 have been, ready to raife money by- 
 taxes among themfelves, and to grant 
 large Aims, equal to their abilities, 
 upon requifition from the crown. 
 They have not only granted equal to 
 their abilities, but, during all the 
 laft war, they granted far beyond 
 their abilities, and beyond their pro- 
 portion with this country, you your- 
 {elves being judges, to the amou.nl 
 of many hundred thoufand pounds, 
 and this they did freely and readily, 
 only on a fort of promife from the 
 fecretary of ftate, that it mould be 
 recommended to parliament to make 
 them compenfation. It was accord- 
 ingly recommended to parliament, in 
 the moft honourable manner, for 
 them. America has been greatly 
 mifreprefented and abufed here, in 
 papers, and pamphlets, and fpeeches, 
 as ungrateful, and unreafonable, and! 
 unjuft, in having put this nation to 
 immenfe expence for their defence, 
 and refufing to bear any part of that 
 expence. The colonies raifed, paid, 
 and clothed, near 25000 men during 
 the laft war, a number equal to thofe 
 fent from Britain* and far beyond 
 their proportion; they went deeply 
 into debt in doing this, and all their ' 
 taxes and eftates are mortgaged, for 
 many years, to come, for difcharging 
 L 2 th&? 
 
7 fr PRIOR 
 
 that debt. Government here was at 
 that time very fenfible of this. The 
 colonies were recommended to par- 
 liament. Every year the king fent 
 down to the houfe a written meflage 
 to this purpofe, That his Majefly, 
 being highly fenfible of the zeal and 
 vigour with which his faithful fub- 
 jects in North- America had exerted 
 themfelves, in defence of his Majefty's 
 ju# rights and pofTeffions, recom- 
 mended it to the houfe to take the 
 fame into confiueratJon, and enable 
 him to give them a proper compen- 
 fation. You will find thofe meffages 
 on your own journals every year of 
 the war to the very laft, and you did 
 accordingly give 200,000 pounds an- 
 nually to the crown, to be diftributed 
 in fuch compenfation to the colonies. 
 This is the ftrongeft of all proofs that 
 olonies, far from being unwil- 
 lirjg to bear a mare of the burthen, 
 .d their proportion; for if 
 til done lefs, or had only equal- 
 
 led their proportion, there would have 
 been no room or reafon for compen- 
 fation. Indeed the fums reimburfed 
 them, were by no means adequate 
 to' the expence they incurred beyond 
 their proportion j but they never 
 murmured at that, they eileemed 
 their fovereign's approbation of their 
 xeal and fidelity, and the approba- 
 tion of this houfe, far beyond any 
 other kind of .compenfation ; there- 
 fore there was no occafion for this 
 act, to force money from a willing 
 people ; they had not refufed giving 
 money for the purpofes of the act ; 
 no requifition had been made ; they 
 were always willing and ready to do 
 v/hat could reasonably be expected 
 from them, and in this light they 
 wim to be considered. 
 
 Q^ But fuppoie Great-Britain 
 fhould be engaged in a war in Eu- 
 rope, would North- America contri- 
 bute to the fupport of it ? 
 
 .A. I do think they would, as far 
 as their circumftances would permit. 
 They confider themfelves as a part 
 
 C U M N T S. 
 
 of the Britim empire, and as havmg 
 one common intererc with it ; they 
 may be looked on here as foreigners, 
 but they do not confider themfelves 
 as fuch. They are zealous for the 
 honour and profperity of this nation, 
 and, while they are well ufed, wilt 
 always be ready to fupport it, as far 
 as their little power goes'. In 17^9 
 jjiey were called upon to affift in the 
 expedition againft Carthagena, and 
 they fent 3000 men to join your ar- 
 my. It is true Carthagena 4s in 
 America, but as .remote from the 
 Northern Colonies as if it had been 
 in Europe. They make no diflinc- 
 tion of wars, as to their duty of atfift- 
 ing in them. I know the lafl war is 
 commonly fpoke of here as entered 
 into for the defence, or for the fake 
 of the people of America. I think 
 it is q.uite mifuhderilood. It began 
 about the limits between Canada and 
 Nova-Scotia, about territories to 
 which the crown indeed laid c'aim, 
 but were not claimed by any Britifh 
 colony; none of the lands had been* 
 granted to any colonift; we had 
 therefore no pariicular concern or 
 interell in tha^difpute. As to the 
 Ohio, the conteil there began about 
 your right of trading in. the Indian 
 country, a right you had . by the, 
 treaty of Utrecht, which the French 
 infringed ; they feized the traders and 
 their goods, which were your manu- 
 factures; they took a fort which a 
 company of your merchants, and 
 their factors and correfpondents-, had 
 erected there, tc fecure that trade, 
 iJraddpck was fent with ah army to 
 re-takp tliat fe?-t--(which was Iooke4 
 on hej-e as another incroachment on 
 the King's territory) and to protect 
 your trade. It was not till after his 
 defeat that the colonies were attacked. 
 They were befote in perfect peace 
 with both French and Indian s; the 
 troops were not therefore fent fpr 
 their defence. The trade with the" 
 Indians, though carried on in Ame- 
 rica, is not an American intereft. 
 
 Th 
 
P R I O DO 
 
 The people of America are chiefly 
 farmers and planters ; fcarce any 
 thing that they raife or produce is an 
 article of commerce with the Indians, 
 The Indian trade is a Britiih intcreil; 
 it is carried on with Briti Hi manu- 
 factures, for the profit of Britifh mer- 
 chants and manufacturers ; therefore 
 the war, as it commenced for the de- 
 fence of territories of the crown, the 
 property of no American, and for die 
 defence of a trade purely Britifh, was 
 really a Britifh war and yet the peo- 
 ple of America made no fcruple of 
 contributing their utmoft towards 
 carrying it on, and bringing it to a 
 happy conclufion. 
 
 Q^ Do you think then that thxe 
 taking pofleffion of the King's terri- 
 torial rights, and {lengthening the 
 frontiers, is not an American inte- 
 reft? 
 
 A. Not particularly, but conjoint- 
 ly a Britiih and an American intereft. 
 
 Q^ You will not deny that the 
 preceding war, the war with Spain, 
 was entered into for the fake of Ame- 
 nta ; was it not occafioned by cap- 
 :rade in the American feas ? 
 
 A. Yes ; captures of ihips carry- 
 ing on the Britiih trade there j with 
 Britiih -manufactures. 
 
 O. Was not the late war with the 
 Indians, fince the peace with France, 
 a war for America only ? 
 
 A. Yes ; it was more particularly 
 for America than the former, but it 
 was rather a confequence or remains 
 of the former war, the Indians not 
 having been thoroughly pacified, and 
 the Americans bore by much the 
 gfeateft (hare of the expence. It was 
 ..n end to by the army under. 
 General Bouquet ; there were not 
 ubcve 300 regulars in that army, and 
 j IGOC Pennfylvanians. 
 
 Q^ Is it not neceffary to fend 
 troops fo America, to defend the 
 Americans againft the Indians ? 
 
 A. No, by no'me:>nsj it never 
 
 , neccfiury. They defended theni- 
 
 , is wtfery i .-.but anhand- 
 
 C IT M E N T S. Tf 
 
 ful, and the Indians much more nu- 
 merous. They continually gained 
 ground, and have driven the Indiana 
 over the mountains, without any 
 troops fent to their afTiftance from 
 this country. And can it be thought 
 neceffary now to fend troops for their 
 defence from thofe diminished Indiaa 
 tribes, when the colonies are become 
 fo populous, and fo ilrong ? There 
 is not the lead occafion for it ; they 
 are very, able to defend themielves. 
 
 Q^ i>o you fay there were no more 
 than 300 regular troops employed in 
 the late Indian war ? 
 
 A. Not on the Ohio, or the fron- 
 tiers of Pennsylvania., which was the 
 chief part of the war that affecled the 
 colonies. There were ga;rifons at 
 Niagara, Fort Detroit, and thofe re- 
 mote pofts kept for the fake of your 
 trade ; I did not reckon them, but I 
 believe that on the whole the number 
 of Americans, or provincial troops, 
 employed in the war, was greater 
 than that of the regulars. I am not 
 certain, bat I think fo. 
 
 Q^ Do you think the aflemblies 
 have a right to levy money on the 
 fubje& there, to grant to the crown ? 
 
 A. I certainly think fo ; they have 
 Always done it. 
 
 Q^ Are they acquainted with the 
 declaration of rights ? And do they 
 know that, by that ftatutc, money 
 is not to be railed on the fubjecT: but 
 by confent of parliament ? 
 
 A. They are very well acquainted 
 with it. 
 
 Q^ How then can they think they 
 have .a right to levy money for the 
 crown, or for any other than local 
 purpofes ? 
 
 A. They underftand that claufe 
 to relate to fubjecls only within the 
 realm ; that no money can be levied 
 on them for the crown, but by con- 
 fent of parliament. The colonies arc 
 not fuppofeci to be within the realm ; 
 they have aiTemblies of their own, 
 which are their parliaments, and 
 they are, in that refpeft, in the fame 
 
 ntuatiom 
 
r * PRIOR D Q 
 
 fituatlon with Ireland. When rn ; Qney 
 15 to be raifed for the crown upon the 
 fubjeft in Ireland, or in the colonies, 
 the confent is given in the parliament 
 of Ireland, or in the afi emblies of the 
 colonies. - They think the parliament 
 of Great-Britain cannot properly give 
 that confent till it has representatives 
 firom America ; for the petition of 
 light exprefsly fays, it is to be by 
 common confent in parliament, and 
 the people of America have no repre- 
 fentatives in parliament, to make a 
 part of that common confent. 
 
 'Q. If the ftamp-ad fnould be re- 
 pealed, and an aft ihould pafs, or- 
 dering the aflemblies of the colonies 
 to indemnify the fufferers by the riots, 
 would they obey it * 
 
 A. That is a, queftipn I cannot 
 jpifwer, 
 
 Q. Sappofe the K-ing fhould require 
 the Colonies to grant a revenue, and 
 the parliament fliould be again ft their 
 doing it, do they think they can 
 grant a revenue to the King, without 
 the confent of the parliament of Great 
 Britain i 1 
 
 A. That is a deep queftiop.. As to 
 iny own opinion, I mould thiu.k my- 
 felf at liberty to do it, and flioujd do 
 it, if I liked the occafion. 
 
 Q^ When money has been raifed 
 in the colonies, upon requifitions, has 
 it not been granted to the King? 
 
 A. Yes, always ; but the requi- 
 fitions have generally been for Tome 
 fer^vice exprefred, as to raife, clothe 
 and pay troops, and not for money 
 only. 
 
 Q^ If the aft mould pafs, requiring 
 the American alTemblies to make com- 
 'penfation to the fufFerers, and they 
 fhoulA difobey it, and then the par- 
 liament ihould, by another a&, lay an 
 internal tax, would they then obey 
 it? 
 
 A- The people will pay no internal 
 tax ; and I think an aft to oblige the 
 afiemblies to make compenfation is 
 tmneceflary, for I am of opinion, that 
 as Toon as the prefcnt heats are abated, 
 
 C U M E N T S. 
 they will take the matter into cqn- 
 ii deration, and if it is right to be 
 done, they will do it of themfelves. 
 
 Q^ Do not letters often come into 
 the poft-offices in America, directed 
 to fome inland town where no poft 
 goes ? 
 
 A. Yes. 
 
 Q,, Can any private perfon take 
 up thole letters, and carry them as 
 direded ? 
 
 A. Yes ; any friend of the perfon. 
 may do it, paying the poftage that 
 has accrued. 
 
 Q^ But muft not he pay an ad- 
 ditional poftage for the difbnce to 
 fuch inland towrti 
 
 A. No. 
 
 Q._ Can the poft-mafter anfwer de- 
 livering the letter, without being paid 
 fuch addi^ipaal poftage ? 
 
 A. Certainly he can demand no- 
 thing, where he does no fervice. 
 
 Q^ Suppofe a perfon, being far 
 frcm home, finds a letrer ii,i a pojfl-, 
 office diredled to him, arrd he lives in 
 a place to which the poll generally 
 goes, and the letter is directed to that 
 place, will the poll -in after deliver him 
 the letter, without his paying the 
 poftage receivable at the place tq 
 Which the letter is directed, 
 
 A. Yes; the office cannot demand; 
 poftage for a. letter that it does not 
 carry, of farther than it does carry it. 
 
 Q^ Are not ferrymen in America 
 obliged, by aft of parliament, t<}. 
 carry over the pofts without pay f 
 
 A. Yes. 
 
 Q^ Is not this a tax ort the ferry-* 
 men ? 
 
 A. They do not confider it as fuch, 
 as they have an advantage from per 
 fons travelling with the poft. 
 
 Q^ If the ilamp-acl: mould be re T 
 pealed, and the crown mould make a 
 requiiition to the colonies for a fun* 
 of money, would they grant it ? 
 
 A. I believe they would. 
 
 Q^ Why do you think fo ? 
 
 A. I can fpeak for the colony I live 
 in ; I had it in inftr^ciion from the 
 
 affembly 
 
PRIOR 
 
 t> O 
 
 aifembly to affure the miniftry, that as 
 they always had done, To they fhould 
 always think it their duty to grant 
 fuch aids to the crown as were fuitable 
 to their circumftances and abilities, 
 whenever called upon for the purpofe, 
 in the ufual conititutional manner; 
 and I had the honour of commu- 
 nicating this inftruclion to that ho- 
 nourable gentleman then minifter. 
 
 Q. Would they clo this for a Britifti 
 concern ; as fuppofe a war in fome 
 part of Europe, that did not affeft 
 them ? 
 
 A. Yes, for any thing that con- 
 cerned the general intereft. They 
 tonfider themielves as a part of the 
 whole. 
 
 Q^ What is the ufual conftitutional 
 . manner of calling on the colonies for 
 aids ? 
 
 A. A letter from the fecretary of 
 ftate. 
 
 Q. Is this all you mean, a letter 
 from the fecretary of ftate ? 
 
 A. I mean the ufual way of re- 
 quifition, in a circular letter from the 
 fecretary of ftate, by his Majefty's 
 command, reciting the occafion, and 
 recommending it to the colonies to 
 grant fuch aids as became their loyalty, 
 and were fuitable to their abilities. 
 
 Q_ Did the fecretary of ftate ever 
 write for money for the crown ? 
 
 A. The requifitions have been to 
 raife, clothe and pay men, which 
 cannot be done without money. 
 
 Q^ Would they grant mdney alone, 
 if called on ? 
 
 A. In my opinion they would, 
 money as well as men, when they 
 have money, or can make it. 
 
 Q^ If the parliament (houid repeal 
 the ftamp-ad, will the afiembly of 
 Pennfylvania. refcind their refolutions ? 
 
 A< I think not. 
 
 Q^ Before there was any thought 
 of the ftamp-a6t, did they wifh for a 
 reprefentation in parliament ? 
 
 A. No. 
 
 Q^ Don't you know that there is, 
 In the Pennfylvania charter, an ex- 
 
 C U M E N T 6. 79 
 
 prefs refervation of the right of par- 
 liament to lay taxes there ? 
 
 A. I know there is a claufe ifi the 
 charter* by which the King grants 
 that he will levy no taxes on the in- 
 habitants, unlefs it be with the con- 
 fent of the aflembly, or by aft of par- 
 liament. 
 
 Q^ How then could the affembly of 
 Pennfylvania arfert, that laying a tax 
 on them by the ftamp-adl was an in- 
 fringement of their rights ? 
 
 A. They underftand it thus ; by 
 the fame charter, and otherwife, they 
 are intitled to all the privileges and 
 liberties of Englishmen ; they find in 
 the great charters, and the petition 
 and declaration of rights, that one of 
 the privileges of Englilh fubje&s is, 
 that they are not to be taxed but by 
 their common confent ; they have 
 therefore relied upon it, from the firft 
 fettlement of the province, that the 
 parliament never would, nor could, by 
 colour of that claufe in the charter, 
 aflume a right of taxing them, till it 
 had qualified itfelf to exercife fuch 
 right, by admitting reprefentatives 
 from the people to be taxed, who 
 ought to make a part of that common 
 confent. 
 
 Q.^ Are there any words in the 
 charter that juftify that conftrudlion ? 
 
 A. The common rights of Englifh- 
 men, as declared by Magna Charta, 
 and the petition of right, all juftify it. 
 
 Q^ Does the diftindion between in- 
 ternal and external taxes cxift in the 
 words of the charter ? 
 
 A. No, I believe not. 
 
 Q^ Then may they not, by the 
 fame interpretation, object to the par- 
 liament's right of external taxation ? 
 
 A. They never have hitherto. 
 Many arguments have been lately 
 ufed here to mew them that there is 
 no difference, and that if you have no 
 right to tax them internally, you have 
 none to tax them externally, or make 
 any other law to bind them. At 
 prefent they do not reafon fo; but in 
 
 time 
 
to P R I O D O 
 
 time they may poffibly be convinced 
 by thefe arguments. 
 
 Q^ Do not the resolutions of the 
 Pennfylvania aflembly fay all taxes ? 
 
 A. If they do, they mean only in- 
 ternal taxes ; the fame words have not 
 always the fame meaning here and in 
 the colonies. By taxes they mean in- 
 ternal taxes ; by duties they mean 
 cuftoms ; thefe are their ideas of the 
 language. 
 
 Q^ Have you not feen the refo- 
 Jutions of the Malfachufet's Bay af- 
 fembly ? 
 A. I have. 
 
 Q^ Do they not fay, that neither 
 external nor internal taxes can be laid 
 on them by parliament ? 
 
 A. I don't know that they do ; I 
 believe not. 
 
 Q^ If the fame colony mould fay 
 neither tax nor impofidon could be 
 laid, does not that province hold the 
 power of parliament can lay neither? 
 A. I fuppofe that by the word im- 
 pofition, they do not intend to exprefs 
 duties to be laid on goods imported, 
 as regulations of commerce. 
 
 Q^ What can the colonies mean 
 then by impofition as diilmct from 
 taxes ? 
 
 A. They may mean many things, 
 as imprefling of men, or of carriages, 
 quartering troops on private houfes, 
 and the like ; there may be great im- 
 pofitions that are not properly taxes. 
 
 Q^ Is not the poll-office rate an in- 
 ternal tax laid by aft of parliament ? 
 A. I have aniwered that. 
 Q^ Are all parts of the colonies 
 equally able to pay taxes r 
 
 A. No, certainly ; the frontier 
 parts, which have been ravaged by 
 the enemy, are greatly diiabled by that 
 means, and therefore, in fuch cafes, 
 are ufually favoured in our tax-laws. 
 
 Q^ Can we, at this distance, be 
 competent judges of what favours are 
 neceflary ? 
 
 A. The parliament have fiippofed 
 it, by Claiming a right to make tax- 
 
 C U Tvl E N T S. 
 
 laws for America? I think it im- 
 poilible. 
 
 Q^ Would the repeal of the flamp- 
 act be anydifcouragementof your ma- 
 nufactures ? Will the people that have 
 begun to manufacture decline it ? 
 
 A. Yes, I think they will ; cfpe- 
 cially if, at the fame time, the trade 
 is opened again, fo the remittance* 
 can be eaftly made. I have known 
 feveral inrtances that make it pro- 
 bable. In the war before lait, to- 
 bacco being low, and making little 
 remittance, the people of Virginia 
 went generally into family manufac- 
 tures. Afterwards, whe'n tobacco bore 
 a better price, they returned to the 
 ufe of Britifh manufactures. So ful- 
 ling-mills were very much difufed in 
 the laft war in Pennfylvania, becaufe 
 bills were then plenty, and remit- 
 tances could eafily be made to Britain 
 for Englifh cloth and other goods. 
 
 Q^ If the flamp-ad mould be re- 
 pealed, would it induce the affemblies 
 of America to acknowledge the rights 
 of parliament to tax them, and would 
 they erafe their resolutions ? 
 A. No, never. 
 
 Q^ Is there no means of obliging 
 them to erafe thofe refoludons ? 
 
 A. None that I know of; they 
 will never do it, unlefs compelled by 
 force of arms. 
 
 Q^ Is there a power on earth that 
 can force them to erafe them ? 
 
 A. No power, how great fbever, 
 can force men to change their opi- 
 nions. 
 
 Q^ Do they confider the poft-office 
 as a tax, or as a regulation ? 
 
 A. Not as a tax, but as a regu- 
 lation and conveniency ; every af- 
 fembly encouraged it, and fupported 
 it in its infancy, by grants of money, 
 which they would not otherwife have 
 done ; and the people have always 
 paid the poita^e. 
 
 Q^. When, did you receive the in- 
 flructions you mentioned ? 
 
 A. I brought them with me, when 
 I cam 
 
PRIOR DOCUMENTS. 
 
 I came to England, about fifteen 
 months fince. 
 
 Q^ When did you communicate 
 that inftruction to the minifter ? 
 
 A. Soon after my arrival, while 
 the ftamping of America was under 
 confideration, and before the bill was 
 brought in. 
 
 Qi Would it be moft for the in- 
 tereft of Great-Britain, to employ the 
 hands of Virginia in tobacco, or in 
 manufactures. 
 
 A. In tobacco, to be fure* 
 
 Q^ What ufed to be the pride of 
 the Americans ? 
 
 A. To indulge in the famions and 
 manufactures of Great-Britain, 
 
 Q^ What is now their pride ? 
 
 A. To wear their old cloaths over 
 again, till they can make new ones. 
 (Withdrew.) 
 
 The bill to repeal the ftamp-act 
 having pafled the Commons, was 
 brought to the Lords ; whofe houfe it 
 paired alfo. But the following pro- 
 tefts were entered again ft it. 
 
 Die Merc. 10 Marfii, 1766. 
 The order of the day being read for 
 the fecond reading of the bill, en- 
 tituled, " An Act to repeal an Act 
 made in the lail feflion of Parlia- 
 ment, entituled, An Act for grant- 
 ing and applying certain Stamp- 
 Duties and other duties in the Britiih 
 Colonies and Plantations in Ame- 
 rica, towards further defraying the 
 expences of defending, protecting, 
 and fccuring the fame, and for 
 r amending fuch parts of the ieveral 
 acts of parliament relating to the 
 Trade and Revenues of the faid 
 Colonies and Plantations, as dirsct 
 the manner of Determining and P.e- 
 covering the Penalties and For- 
 feitures therein-mentioned." Then 
 the faid Bill was read a fecond Time, 
 and it being propofed to commit 
 the Bill, the fame was objected to. 
 After a long Debate thereupon, the 
 Queftion was put, Whether the faid 
 Bui mail be committed : It was re- 
 folved in the affirmative. 
 
 Contents 73 
 
 Proxies 32 
 
 Not Contents 61 
 
 Proxies 10 
 
 Majority 
 Dffintient, 
 i ft, Becaufe, as this houfe has in 
 this feffion by feveral refolutions moft 
 folemnly afTerted and declared, firft, 
 " That the King's Majefty, by and 
 with the advice and confent of the 
 Lords Spiritual and Temporal, and 
 Commons of Great Britain, in Par- 
 liament afTcmbled, had, hath, and of 
 right ought to have, full power and 
 authority, to make laws and ftatutes 
 of fufrkient force and validity to bind 
 the Colonies, and people of America, 
 fubjects of the Crown of Great- 
 Britain, in all cafes whatsoever:" 
 Secondly, (t That tumults and infur- 
 rections of the moft dangerous nature 
 have been raifed and carried on in 
 feveral of the North American Co- 
 lonies, in open defiance of the power 
 and dignity of his Majefty's Govern- 
 ment, and in manifeft violation of 
 the laws and legiflative authority of 
 this Kingdom :" Thirdly, " That 
 the faid tumults and infurrections 
 have been encouraged and inflamed, 
 by fundry votes and refolutions paffed 
 in feveral of the AfTemblies of the 
 faid Provinces, derogatory to the ho- 
 nour of his Majefty's Government, 
 and deftructive of the legal and con- 
 ftitutional dependency of the faid Co- 
 lonies, on the imperial Crown and 
 Parliament of Great Britain :" Which, 
 refolutions were founded on a full 
 examination of the papers on our 
 table, manifefting a denial of the le- 
 giflative authority of the crown and 
 parliament of Great Britain, to im- 
 pcfe duties and taxes on our North- 
 American Colonies ; and a criminal 
 refinance there made to the execution. 
 of the commercial and other regu- 
 lations of the ftamp-act, and of other 
 acts of parliament : v/e are of opinion, 
 that the total repealing of that law, 
 M efpeciaiiy 
 
PRIOR DOCUMENTS. 
 
 efpecially while fuch refiftance con- 
 tinues, would (as Governor Barnard 
 fays is their intention) " make the 
 authority of Great Britain con- 
 temptible hereafter \; and that fuch a 
 fubmifiion of King, Lords, and Com- 
 mons, under fuch circiimftances, in 
 fo ftrange and unheard of a conteft, 
 would, in effet, furrender their an- 
 tient, unalienable rights of fupreme 
 jurifdiclion, and give them exclufively 
 to the fubordinate provincial legif- 
 latures eftablifhed by prerogative ; 
 which was never intended or thought 
 of, and is not in the power of pre- 
 rogative to beftow ; as they are infe- 
 rable from the three eftates of the 
 realm alfembled in parliament. 
 
 zdly, Becaufe the law, which this 
 bill now propofes to repeal, was 
 palled in the other houfe with very 
 Jittle oppofition, and in this without 
 one difientient voice, during the laft 
 feffion of parliament, which we pre- 
 fume, if it had been wholly and fun- 
 damentally Wrong, could not poffibly 
 have happened ; as the matter of it is 
 fo 'important, and as the intention of 
 bringing it in, had been commu- 
 nicated to the commons by the firft 
 commiffioher of the treafury the year 
 before, and a refolution, relating 
 and preparatory to it, was then agreed 
 to in that houfe, without any divifion. 
 
 3dly, Becaufe, if any particular 
 parts of that law, the principal of 
 which has been experienced and fub- 
 mitted to in this country, without re- 
 pining, for near a century paft, had 
 been found liable to juft and reafonable 
 objeaions, they might have been al- 
 tered by a bill to explain and amend 
 it, without repealing the whole. And, 
 if any fuch bill had been fent to us by 
 .the commons, we mould have thought 
 it cur duty to have given it a moft 
 ferious confideration, with a warm 
 defire of relieving our countrymen in 
 America from any grievance or hard- 
 ihip j but with proper care to enforce 
 their fubmiffion and obedience to the 
 law fo amended, and to the whole 
 
 legiflative authority of Great-Britain, 
 without any referve or diftinftion 
 whatfoever. 
 
 4thly, Becaufe, it appears to us^ 
 that a moft efTential branch of that 
 authority, the power of taxation^ 
 cannot be properly, equitably, or im- 
 partially exercifed, if it does not 
 extend itfclf to all the members of the 
 ftate in proportion to their refpedtive 
 abilities ; but fuffers a part to be 
 exempt from a due mare of thofe 
 burthens, which the public exigen- 
 cies require to be impofed upon the 
 whole : a partiality which is directly 
 and manifeftly repugnant to the truft 
 repofed by the people in every legif- 
 lature, and deftru&ive of that con- 
 fidence on which all government is 
 founded. 
 
 5th!y, Becaufe, the ability of our 
 North-American Colonies, to bear 
 without inconveniency the proportion 
 laid on them by the ftamp-acl of laft 
 year, appears to us moft unqueftion- 
 able, for the following reafons : Firft, 
 That the eftimated produce of this tax, 
 amounting to fixty thoufand pounds 
 per annum, if divided amongft twelve 
 hundred thoufand people (being little 
 more than one half of the fubjecls of 
 the crown in North America) would 
 be only one {hilling per head a year ; 
 which is but a third of the wages 
 ufually paid to every labourer or ma- 
 nufaflurer there for one day's labour : 
 Secondly, That it appears by the ac- 
 counts that have been laid before this 
 . houfe from the commiflioners of trade 
 and plantations, that of the debt con- 
 traded by thcfe colonies in the laft 
 war, above * 1,755,000, has already 
 been difcharged during the courfe of 
 three years only, by the funds pro- 
 vided for that purpoie in the feveral 
 provinces ; and the much greater part 
 of the remaining incumbrance, which 
 in the whole is about 760,000 pounds, 
 will be paid in two years more : We 
 muft likewife obferve, that the boun- 
 ties and advantages given to them by 
 parliament in 1764 and 1765, and 
 
 the 
 
PRIOR D .0 C U M E N T S. 
 
 the duties thereby loft to Great- 
 Britain for their fervice, and in order 
 to enable them the more eafily to pay 
 this tax, mult neceflarily amount in 
 a few years to a far greater fum than 
 the produce thereof. It is alfo evi- 
 dent, that fuch produce being wholly 
 appropriated to the payment of the 
 army maintained by this kingdom in 
 our colonies, at the vaft expence of 
 alrnoft a milling in the pound land- 
 tax, annually remitted by us for their 
 fpecial defence and protection ; not 
 only no money would have been 
 actually drawn by it out of that coun- 
 try, but the eafe given by it to the 
 people of Great Britain, who are la- 
 bouring under a debt of feventy mil- 
 lions, contracted by them to fupport 
 a very dangerous war, entered jnto for 
 the intereft and fecurity of thofe co- 
 lonies, would have redounded to the 
 benefit of the colonies themfelves in 
 their own immediate fafety, by con- 
 tributing to deliver them from the 
 necefTary expence, which many of 
 them have hitherto always borne, in 
 guarding their frontiers again It the 
 favage Indians. 
 
 6thly, Becaufe, not only the right, 
 but the expediency and neceflity of 
 the fupreme legislature's exerting its 
 authority to lay a general tax on 
 our American colonies, whenever rhe 
 wants of the public make it fitting 
 and reafonable that all the provinces 
 fhouid contribute in a proper pro- 
 portion to the defence of the whole, 
 ai'n . ar to us undeniable, from thefe 
 confiderations : Firlt, That every pro- 
 vince being leparate and independent 
 on the others, and having no com- 
 mon council impowered by the con- 
 ftitution of the colonies to act for all, 
 or bind all, fuch a tax cannot regu- 
 larly, or without infinite difficulty, be 
 impofed upon them, at any time, 
 even for their immediate defence or 
 protection, by their own provincial 
 affemblies ; but requires the inter- 
 vention and fuperintending power of 
 the parliament of Great-Britain . Se- 
 
 condjy, That in looking forwards to 
 the poffible contingency of a new war, 
 a contingency perhaps not far remote, 
 the profpect of the burthens, which 
 the gentry and people of this kingdom 
 muft then fuftain, in addition to thofe 
 which now lie fo heavy upon them, is 
 fo melancholy and dreadful, that we 
 cannot but feel it, a molt indif- 
 penfible duty, to eafe them as much 
 as is poffible, by a due and moderate 
 exertion of that great right, which the 
 conftitution of this realm has vefted in 
 the parliament, to provide for the 
 fafety of all, by a proportionable 
 charge upon all, equally and indif- 
 ferently laid. We likewife apprehend, 
 that a partial exemption of our colo- 
 nies from any exercife of this right 
 by the Britifh legiflature, would be 
 thought fo invidious, and fo unjult to 
 the other fubjedts of the crown of 
 Great-Britain, as to alienate the 
 hearts of thefe from their countrymen 
 refiding in America, to the great de - 
 triment of the latter, who have on 
 many occafions received, and may 
 again want affillance, from the gene- 
 rous warmth of their affection. 
 
 /thly, Becaufe, the reafons affigned 
 in the public reiblutions of the pro- 
 vincial aflemblies, in the North Ame- 
 rican colonies, for their difobeying the 
 Itamp-act, viz. " That they are not 
 represented iij the Parliament of Great 
 Britain," extends to all other laws, of 
 what nature foever, which that par- 
 liament has enacted, or fhall enact, to 
 bind them in times to come, and rnuit 
 (if admitted; fet them abfolutely free 
 from any obedience to the power of 
 the Britiih legiflature. We likewife 
 obferve, that in a letter to Mr. Secre- 
 tary Conway, dated the izth of Oc- 
 tober 1765 ; the commander in chief 
 of his Majeity's forces in North- Ame- 
 rica has declared his opinion, " That 
 the queftion is not of the inexpediency 
 of the ftamp-act, or of the inability 
 of the colonies to pay the tax ; but 
 that it is unconstitutional and contrary 
 to their rights, fuppo?ting the inde- 
 M 2 pendency 
 
S 4 
 
 P fc I O R DOCUMENTS. 
 
 pendency of the provinces, and not 
 fubject to the legiflative power of 
 Great Britain." It is moreover af- 
 firmed, in a letter to Mr. Conway, 
 dated yth November, " That the 
 people in general are averfe to taxes 
 of any kind ; and that the merchants 
 of that place think they have a right 
 to every freedom of trade which the 
 fubject of Great Britain now enjoy." 
 This opinion of theirs {hikes directly 
 at the Act of Navigation, and other 
 fubfequent laws, which from, time to 
 time have been made in the wife 
 policy of that act ; and mould they 
 ever be encouraged to procure for 
 themfelves that abfolute freedom of 
 trade, which they appear to defire, our 
 plantations would become, not only 
 of no benefit, but in the higheft 
 degree prejudicial to the commerce 
 and welfare of their mother-country j 
 nor is it eafy to conceive a greater en- 
 couragement, than the repealing of a 
 law, oppofed by them on fuch prin- 
 ciples } and with fo murh contempt of 
 the fovereignty of the Britiili legif- 
 lature. 
 
 Sthly, Becaufe, the appearance of 
 weaknefs and timidity in the govern- 
 ment and parliament of this kingdom, 
 which a conceiTion of this nature may 
 too probably carry with it, has a ma- 
 nifeft tendency to draw on further 
 infults, and by lefTening the refpect of 
 all his Majefly's fubjects to the dignity 
 of his crown, and authority of his 
 laws, throw the whole Britim empire 
 into a rniferable ftate of confufion and 
 anarchy, with which it ieems by 
 many iymptoms to be dangeroufly 
 threatened : and this is the more to 
 be feared, as the plea of our North 
 American colonies, that, not being 
 reprefented in the parliament of Great 
 Britain, they ought not pay taxes im- 
 pofed or levied upon them by, the au- 
 thority thereof, may by the fame 
 reafoning be extended to all perfons in 
 this ifland, who do not actually vote 
 for members of parliament ; nor can 
 we help apprehending, that the opi- 
 
 nion of fome countenance; being given 
 to fuch notions by the legislature itfeif, 
 in confenting to this bill for the repeal 
 of the ftamp-act, may grsatly promote 
 the contagion of a molt dangerous 
 doctrine, deftrudlive to all govern- 
 ment, which has fpread itfelf over all 
 our North American colonies, that 
 the obedience of the fu 'eject is not due 
 to the laws and legislature of the 
 realm, farther than he in his private 
 judgment ihall think it conformable 
 to the ideas he has formed of a free 
 conftitution. 
 
 9thly, Becaufe, we think it no ef- 
 fectual guard, or fecurity, againft 
 this danger, that the parliament has 
 declared in the refolutions of both 
 hotifes, parted during this feffion, and 
 now reduced into a bill, That fuch 
 notions are ill founded ; as men will 
 always look more to deeds than words, 
 and may therefore incline to believe, 
 that the infurrections in our colonies, 
 excited by thofe notions, having fo 
 far proved fuccefsf ul, as to attain the 
 very point, at which they aimed, the 
 immediate repeal of the ftarnp-act, 
 without any previous fubmiffion on the 
 part of the colonier, the legislature 
 has in fact fubmitted to them, and has 
 only more grievoufly injured its own 
 dignity and authority, by verbally af- 
 ferting that right, which it fubfian- 
 tialJy yields up to their oppofition. 
 The reafons afiigned for this concef- 
 lion render it ftill more alarming, as 
 they arife from an illegal and hoftile 
 combination of the people of America, 
 to diitrefs and flarye our manufacturers, 
 and to with-hold from our merchants 
 the payment of their juft debts : the 
 former of which meafures has only 
 been practifed in open war be twee n- 
 two ftates; and the latter, we believe, 
 not even in that fituation, either by 
 the public or by individuals, among 
 the civilized nations of Europe, in 
 modern times. If this unprecedented 
 plan of intimidation ihall meet with 
 fuccefs, it is eafy to forefee, that the 
 practice of it for other and itiil greater 
 
 objects 
 
PRIOR DOCUMENTS. 
 
 objects will frequently be renewed, 
 and our manufacturers and merchants 
 reduced to the like, and more per- 
 manent diftrefs : we cannot therefore 
 but wilh, that fome more eligible 
 method, confiilent with their future 
 fafety and our dignity, had been tajcen 
 by parliament, tp fhew our tender 
 concern and companion for their fuf- 
 ferings, and to diicourage any other 
 fuch unwarrantable attempts; which 
 we are fully perfuaded would have 
 been very practicable, with due cars 
 and attention, and at an expencevery 
 inferior to the importance of the 
 objea. 
 
 Laitly, Becaufe, we are convinced 
 from the unanimous teftimony of the 
 governors, and other officers of the 
 crown in America, that if, by a moil 
 unhappy delay and neglect to provide 
 for the due execution of the law, and 
 arm the government there with proper 
 orders and powers, repeatedly called 
 for in vain, thefe difturbances had not 
 been continued and encreafed, they 
 might eafily have been quieted before 
 .they had attained to any dangerous 
 height ; and we cannot, without feel- 
 ing the moil lively fenfe of grief and 
 indignation, hear arguments drawn 
 from the progrefs of evils, which 
 fhould and might have been flopped 
 in their firfl and feeble beginnings, 
 ufed for the flill greater evil of fa- 
 crificing to a prefent relief the higheft 
 permanent interells, and the whole 
 majefty, power, and reputation of 
 government : This afflicts us the more 
 deeply, becaufe it appears from many 
 letteis, that this law, if properly fup- 
 ported by government, would from 
 the peculiar circumitances attending 
 the difobedience to it, execute itfelf 
 without blcodlhed. And it is laid in 
 one of the letters to Mr. Secretary 
 Conway, " That the principal view 
 is to intimidate the parliament ; but 
 that if it be thought prudent to en- 
 force their authority, the people dare 
 not oppofe a vigorous refolution of the 
 parliament of Great-Britain." That 
 
 vigorous refolution has not yet been 
 found in the parliament ; and we 
 greatly fear, that the want of it will 
 certainly produce one of thefe two 
 fatal confequences ; either that the 
 repeal of this Jaw will in effect anuull 
 and abrogate all other laws and fba- 
 tutes relating to our colonies, and 
 particularly the acts that reftrain or 
 limit their commerce, of which they 
 are moil impatient ; or, if we mould 
 hereafter attempt to enforce the exe- 
 cution of thofe laws againft their will, 
 and by virtue of an authority, which 
 they have dared to infult with im- 
 punity and fuccefs, that endeavour 
 will bring upon us all thofe evils and 
 inconveniencies, to the fear of wJtfch 
 we now facrifice the fovereignty of 
 the realm ; and this at a time when 
 the ftrength of our colonies, as well 
 as their defire of a total independence 
 on the legiflature and government of 
 their mother-country, may be greatly 
 augmented, and when the circujn- 
 ftances and difpoiitions of the other 
 powers of Europe, may render the 
 con tell far more dangerous and for- 
 midable to this kingdom. 
 Bedford Scaridale 
 
 Coventry Lyttelton 
 
 Brldgewater Dunk Mallifax 
 Temple Egiingtoun 
 
 Buckingham Suffolk and Berkfhirc 
 Wentworth A.bercsra 
 Sandwich Vtre 
 
 Bolingbroke Trevor 
 Marl borough Thomas Briilof 
 W. Glouceiler Ferrers 
 Ker Grofvenpr 
 
 Leigh Townfhend 
 
 Bangor Dudley and Ward 
 
 Waldegrave .Charles Carlifle 
 Aylesford Powis 
 
 Gower Hyde. 
 
 Weymouth 
 
 Die Lun<s, 17 Martii, 1766. 
 
 The Order of the Day being read 
 
 for the third reading of the Bill, 
 
 endtuled, ' An Act to repeal an 
 
 Act made in the lafl Seffion of 
 
 Parliament,* 
 
PRIOR DOCUMENTS. 
 
 Parliament/ entituled, ( An Act 
 for granting- and applying certain 
 Stamp Duties, and other Duties 
 in the Britifh Colonies and Plan- 
 tations in America, towards fur- 
 ther defraying the Expences of de- 
 fending, protecting, and fecuring 
 the fame, and for amending fuch 
 Farts of the feveral Acts of Parlia- 
 ment relating to the Trade and 
 Revenues of the faid Colonies and 
 Plantations, as direct the Manner 
 cf determining and recovering the 
 Penalties and Forfeitures therein 
 Jnen-tioned.' Then the faid Bill 
 wasied/d a third Time, and it be- 
 ing propofed to pafs the Bill, the 
 fame was objected to. After fome 
 Debate thereupon, the Queftion 
 was- put, Whether the faid Bill 
 fhall pafs : It was refolved in the 
 Affirmative. 
 
 lit. Becaufe we think, that the 
 declaratory bill we paft lair, week, 
 cannot poflibly obviate the growing 
 iriiichijcfs in America, where it may 
 &e.m calculated only to deceive the 
 people of Great-Britain, by holding 
 forth a delufive and nugatory affirm- 
 ance o the legiflative right of this 
 kingdom, whilit the enacting part of 
 it does no more than abrogate the 
 resolutions of the houfe of reprefen- 
 tatives in the North-American colo- 
 nies, which have not in themfelves 
 tfie leaft colour of authority; and 
 declares that, which is apparently 
 and certainly criminal, only null and 
 void. 
 
 2d!y. Becaufe the particular ob- 
 jections^ which have been made to 
 the ftamp act in North- America, and 
 which have besn adopted in the 
 courfe of the Debates upon this bill 
 for repealing it, are in fact contra- 
 dicted by undeniable evidence upon 
 our table ; it having been urged, 
 firft, That all the money to be col- 
 lected by this tax was to be annually 
 remitted hither, and that the North- 
 Anuericai; colonies would thereby be 
 
 drained of all their fpecie ; and fe~ 
 condly, That the inftitution of vice- 
 admiralty courts in thofe colonies, 
 for the recovery of penalties upon 
 revenue laws without juries, is a no- 
 vel practice, by means of which his 
 Majeity's fubjects in thofe dominions* 
 * Would be deprived of one of their 
 moll valuable liberties, trials by ju- 
 ries, and in this refpect diftinguimed 
 from their fellow fubjects in Great- 
 Britain ;' and would likewife be lia- 
 ble to the greatell inconvenience, 
 vexation and injuftice, through the 
 - option left to any profecutor to call: 
 them from one end of that extenfive 
 continent to the other ; and through 
 the temptation to the judge, to con- 
 demn rather than to acquit, from his 
 being paid by poundage of the con- 
 demnation-money : whereas, with 
 regard to the firft of thefe objections, 
 it appears by the minute of the late 
 board of treafury laid before this 
 houfe, and dated on the pth day of 
 July laft, that the fullefl directions 
 had been fent to the feveral officers- 
 of the revenue, ( that in order to 
 obviate the inconvenience of bring- 
 ing into this kingdom the money to- 
 be railed by the ftamp duties, all the 
 produce of the American duties ari fing- 
 er to ariie, by virtue of any Britifli 
 act of parliament, ihould, from time 
 to time-, be paid to the deputy pay- 
 maft^r in America, to defray thVfub- 
 firtence of the troops, and any mili- 
 tary expehces incurred in the colo- 
 nies :' and with regard to- the fecond 
 objection, k is ijiah-ifeil, from fun- 
 dry acts of parliament, thatajurif- 
 diction has been ailigned, to tl,ie judges 
 of thofe courts, for the recovery of- 
 penalties upon the laws of revenue 
 and of trade, wi'hout juries, for 
 near a century pa3> from the confi- 
 deration (as we apprehend) that in 
 fome of the colonies they are the only 
 judges not elected by the people : 
 and fo far it is from being true, that 
 thi fubjects in North-America, by 
 being deprived in thefe cafes of trials^ 
 
PRIOR DO 
 
 juries, were in thatrefpedl diftin^ 
 guifhed from their fellow fubje&s in 
 Great-Britain ; that, in this very 
 inftance of the ftamp duties, the pe- 
 nalties, which by the American 
 ftamp ad were made recoverable 
 without a jury before a judge of the 
 vice- admiralty court, are, by the laws 
 now in force for collecting the ftamp 
 duties in Great-Britain, recoverable 
 alfo without a jury, before two juftices 
 of the peace, with the like powers in 
 both cafes, which we earneftly with 
 were not ftill more neceflary for the 
 collection of the public revenue in 
 America than in Great-Britain ; and 
 which we mould be molt defirous, if 
 poflible, to alleviate in both coun- 
 tries : with this view, and to take 
 away all juft occaiion for difcontent, 
 we were very glad to find by the re- 
 prefentation from the late cominif- 
 lioners of the treafury to his Majefty 
 in council, dated on the 4th day of 
 July laft, that the ftricleft attention 
 had been given by that board to pre- 
 vent the inconvenience and injuftice 
 above-mentioned, by a plan to efta- 
 blifh three different courts of vice- 
 admiralty at the moft convenient 
 places, with proper diftridts annexed 
 to each; and to give the judges fuffi- 
 cient and honourable falaries in lieu 
 of all poundage and fees whatfoever : 
 but we cannot obferve, without the 
 higheft concern and furprize, that 
 this reprefentation, founded upon a 
 claufe inferted in the ftamp aft for 
 this very purpofe, and exprefsly cal- 
 culated to relieve his Majefty's fub- 
 jedts in North-America from many 
 unneceflary hardfliips and oppreiT.ons, 
 to which they are now liable by many 
 other laws ftill fubfifting, mould be 
 totally difregarded for feveral months, 
 and be fuffered to remain unexecuted 
 in every part of it even to this day ; 
 and that no notice whatever mould 
 be taken, in any of the difpatches 
 from the prefent adminiftration to 
 the governors of the colonies in 
 North- America, of the timely care 
 
 C U M 1 N T S. ly 
 
 which had been employed to obviate 
 the objections raifed on both thofe 
 heads : efpecially, as it is notorious, 
 that the meaflires to be purfued, in 
 confequence of that minute and re- 
 prefentation, had been fully opened 
 and approved in parliament, at the 
 time when the ftamp aft was pro- 
 pofed ; and as the total neglect of it 
 has given occafion to great 'clamour 
 and diffatisfadtion in the colonies. 
 We cannot help further obferving, 
 that as the ftamp aft was not to take 
 place till the i ft of November, if the 
 parliament had been called early, 
 their determinations, either for en- 
 forcing or repealing that law, would 
 probably have delivered the mer- 
 chants and manufacturers here from 
 all the difficulties and diftrefs to which 
 they have been for fo many months 
 expofed ; nor would the diforders in 
 America, where all government is 
 proftrate, have rifen to fo great a 
 height, or taken fo deep a root. 
 
 3dly. Becaufe the argument which 
 has been ufed in favour of this bill of 
 repeal, that the experiment of the 
 ftamp adt has been tried, and has 
 failed, is extremely ill founded ; as 
 it manifeftly appears from the whole 
 tenor of the papers laid before us, 
 that if this experiment had been pro- 
 perly tried, with the fame zeal for 
 its fuccefs with which it was firft pro- 
 pofed, it would not have failed in 
 any cf the colonies : and that thit 
 was the opinion of the greater part of 
 the governors in North- America, and 
 of many of the moft intelligent and 
 refpedtable perfons in thofe provinces, 
 for fome time after this adl was parted, 
 is evident beyond a doubt, from the 
 letters of the former now upon our 
 table, and frem the latter having ap- 
 plied for, and accepted the office of 
 diftributors of the itamps under that 
 act, which they certainly would not 
 have done, and thereby have expofed 
 their lives and fortunes to the vio- 
 lence and outrages which they have 
 iince undergone, if they had thea 
 
 thought 
 
88 
 
 PRIOR DOCUMENTS. 
 
 thought the fuccefs of this meafure in 
 any degree precarious : nor have we 
 heard of any impracticability attend- 
 ing this law in Jamaica and Barba- 
 does, and fome other of the Weft- 
 India iflands, or in thofe of our co- 
 lonies in North- Am erica, where it 
 has been executed. 
 
 4thly. Becaufe a precedent of the 
 two houfes of parliament lending 
 their power, from motives of fear or 
 impatience under a prefent uneafi- 
 nefs, to overturn in one month a plan 
 of meafures, undertaken with their 
 warmeft approbation and concurrence, 
 after the moft mature deliberation of 
 two years together, for the improve- 
 ment of our revenue, and the relief 
 of our people, will effectually dif- 
 courage all officers of the crown in 
 America from doing their duty, and 
 ex%cuting the laws of this kingdom ; 
 and is enough to deter future mini- 
 ilers, in any circumilances of diftrefs 
 or danger to their country, from op- 
 pofmg their fortitude and zeal for the 
 fervice of the public, to ftrong com- 
 binations of private and particular 
 interefts, to the clamour of multitudes, 
 or the malice of faction ; which muft 
 neceiTarily bring on fuch a weaknefs 
 and pufillanimity in the adminiftra- 
 tion of government, as will foon end 
 in the downfal and ruin of the Hate. 
 
 Laftly. Becaufe the repeal of this 
 law under the prefent circumftances, 
 will, we fear, not only furrender the 
 honour and effential interefts of the 
 kingdom now and for ever, both at 
 home and abroad, but will alfo deep- 
 ly affect the fundamental principles 
 of our conftiration ; for if we pafs 
 this bill againft our opinion, from 
 the threats and compulfion publicly 
 avowed in pur colonies, and enforced 
 by the moft unjuftifiable means within 
 Great-Britain, we difclaim that le- 
 giflative authority over the fubjects, 
 which we own ourfelves unable to 
 maintain. If we give our con fen t to 
 it here, without a full conviction that 
 it u right, merely becaufe it has 
 
 panned the other houfe, by declining 
 to do our duty on the moft important 
 occafion which can ever prefent itfelf, 
 and where onr interpolation, for many 
 obvious reafons, would be peculiarly 
 proper ; we in effect annihilate this 
 branch of the legillature, and vote 
 ourfelves ufelefs. Or if by paffing 
 this bill, we mean to juftify thofe, 
 who in America, and even in Great- 
 Britain, have treated a feries of Bri- 
 tifh acts of parliament as fo many 
 acts of tyranny and opprefiion, which 
 it is fcarcely criminal to refift ; or 
 thofe officers of the crown, who, un- 
 der the eye, and with the knowledge 
 of government, have taken upon 
 themfelves, vvhilft the parliament was 
 fitting, without its confent, to faf- 
 pend the execution of the ftamp act, 
 by admitting (hips from the colonies, 
 with unftampt clearances, to an en- 
 try, in (prect violation of it, which 
 from the papers upon our table ap- 
 pears to have been done ; we mall 
 then give our approbation to an open 
 breach of the firft article of that great 
 palladium of our liberties, the bill of 
 rights ; by which it is declared, 
 ' That the pretended power of fuf- 
 pending of laws, or the execution of 
 laws, by regal authority, without 
 confent of parliament, is illegal.* 
 Laftly, If we ground our proceedings 
 upon the opinion of thofe who have 
 contended in this h'oufe, that from 
 the conftitution of our colonies they 
 ought never to be taxed, even for 
 their own immediate defence, we 
 fear that fuch a declaration, by which 
 near a fifth part of the fubjecls of 
 Great-Britain, who by the acts of 
 parliament to reftrain the prefiing of 
 feamen in America, are already ex- 
 empted from furnifhing men to our 
 navy, are to be for ever exempted 
 from contributing their mare towards 
 their own fupport in money likewife. 
 will, from the flagrant partiality and 
 injuiHce of it, either depopulate this 
 kingdom, or fhake the bafis of equal- 
 ity, and of that original compact, 
 
 upon 
 
PRIOR DOCUMENTS. 
 
 upon which every fociety is founded ; Temple 
 
 and as we believe, that there is no Abercorn 
 
 inftance of fuch a permanent exemp- Scarfdale 
 
 tion of fo large a body of the fubjecb J. Hangar 
 
 of any flate in any hillory, antient or Trevor 
 
 modern, we are extremely apprehen- Hyde 
 
 five of the fatal confequcnces of this Marlborough 
 
 unhappy meafure ; to which, for Sandwich 
 
 Dudley and Ward 
 
 Suffolk and Berkfhirc 
 
 Leigh 
 
 Bridgewater 
 
 Gower 
 
 Grofvenor 
 
 Powis 
 
 Ker 
 
 thefe reafons, in addition to thofe 
 
 contained in the proteft of the nth 
 
 of this month > our duty to the King, 
 
 and juftice to our country, oblige us W. Gloucefter 
 
 t<J enter this our folemn diffent. 
 
 Charles Carlifle Lyttelton 
 Weymouth Effex 
 
 Thomas Briftol 
 
 Ferrers 
 
 Aylesford 
 
 Buckinghamlhire Vere 
 R. Durefme Eglintoun. 
 
 [Here the difpute fcems to have ceafed until it was revived the next fefllon 
 of parliament (1706-7), when the following letters and papers were laid upon, 
 the table ; which have not been printed before.] 
 
 Copy of Mr. Secretary Conivay's Cir- which are the natural, and I truft 
 
 wiH be the certain effects of fo much 
 grace and condefceniion fo remarkably 
 manifefted on the part of his Ma- 
 jefty and of the parliament, and the 
 future happinefs and profperity of the 
 colonies, will very much depend on 
 the teftimonies they fhall now give of 
 thefe difpofitions. 
 
 For as a dutiful and affectionate re- 
 turn to fuch peculiar proofs of indul- 
 gence and affection, may now at this 
 great crifis be a means of fixing the mu- 
 tual in terefts and inclinations of Great 
 Britain and her colonies, on the moft 
 firm and iblid foundations, it cannot 
 but appear vifible that the leaft cool- 
 depending, and has made a conii- nefs or unthankfulnefs, the leaft mur- 
 muring or di Satisfaction on any ground 
 whatever, of former heat, or too 
 much prevailing prejudice, may fa- 
 
 cular Letter to bis Mffjffyt'j Governors 
 
 in America. 
 
 St. James's, March 31, 1766. 
 S I R, 
 
 Herewith I have the pleafure of 
 tranfmitting to you copies of two afts 
 of parliament juft part, the firft for 
 fecuring the juft dependency of the 
 colonies on the mother-country, the 
 fecond for the repeal of the act of the 
 laft fefiion, granting certain ftamp- 
 duties in America ; and, I expect 
 fliortly, to fend you a third for the 
 indemnity of fuch perfons as have in- 
 curred the penalties impofed by the 
 act juft repealed, as fuch a bill is now 
 
 derable progrefs in the Houfe of Com- 
 mons. 
 
 The moderation, the forbearance, 
 the unexampled lenity and tendernefs 
 of parliament towards the colonies,* 
 which are fo fignally difplayed in thofe 
 acts, cannot but difpofe the province 
 committed to your care, to that return 
 of chearful obedience to the laws and 
 legiflative authority of Great Britain, 
 and to thofe fentiments of refpectful 
 gratitude to the mother-country, 
 
 tally endanger that union, and give 
 the moft fevere and affecting blow to 
 the future interefts of both coun- 
 tries. 
 
 You would think it fcarcc poffible, 
 I imagine, that the paternal care of 
 his Majey for his colonies, or the 
 knity and indulgence of the parlia- 
 ment fhould go farther than J have 
 
 The variations contained in the following notes on this letter, were the 
 particular alterations in the letter fent to' General Gage. 
 
 [* Which are fo fignally difplayed in thofe acts, cannot but difpofe the 
 colonies to that chearful obedientc, c.] 
 
 N already 
 
jo PRIOR DO 
 
 already mentioned ; yet fo full of true 
 magnanimity are the fentiments of 
 both, and fo free from the fmalleil 
 colour of paffion or prejudice, that 
 they feem fiot only difpofed to forgive 
 but to forget thofe moft unjuftifiable 
 marks of an undutiful difpofitien too 
 frequent in the late tranfactions of the 
 colonies, and which for the honor of 
 thofe colonies it were to be wifhed had 
 been more difcountenanced and dif- 
 couraged by thofe who had knowledge 
 to conduct themfelves otherwife. 
 
 A revificn of the late American 
 trade laws is going to be the imme- 
 diate object of parliament, nor will 
 the late tranfactions there, however 
 provoking, I dare fay, prevent the 
 full operation of that kind and in- 
 dulgent difpofition prevailing in both 
 his Majefty and parliament, to give 
 the trade and intereft of America 
 every relief which the true flatc of 
 their circumftan-ces demanded or ad- 
 mits. 
 
 Nothing will tend more effectually 
 to every conciliating purpofe, and 
 there is nothing therefore I have in 
 command more earneftly to require of 
 you, than that you mould exert your- 
 felf * in recommending it ftrongly to 
 the afTembly, that full and ample 
 compenfation be made to thofe, who 
 from the madnefs of the people have 
 
 C U M E N T S, 
 
 The refolutions of the Houfe of Com- 
 mons, which by his Majefty's com- 
 mand f I tranfmit to you to be laid 
 before the aflembly, will mew you 
 the fenfe of that houfe on thofe points, 
 and am perfuaded it will, as it moft 
 certainly ought to be the glory of that 
 affembly, to adopt and imitate thefe 
 fentiments of the Britifh parliament, 
 founded on the cleareft principles of 
 humanity and juftice. 
 
 I mention one circumllance in 
 particular that mould J recommend 
 thofe unhappy people, whom the out- 
 rage of the populace had driven from 
 America, to the affection of all that 
 country, which is, that unprovoked by 
 the injuries they had fuffered, to a 
 forgetfulnefs of what they owed to 
 truth and their country, they gave 
 their teftimonies with knowledge but 
 without palfion or prejudice, and thofe 
 teftimonies had, I believe, great 
 weight in perfuading the repeal of 
 the ftamp-act. 
 
 I have only to add, which I do 
 with great pleafure, that every part 
 of your conduct has had the intire 
 and hearty approbation of your fo- 
 vereign J|, and that the judicious re- 
 prefentations in favour of your pro- 
 vince, which appear in your letters 
 laid before both houfes of parliament, 
 feem to have their full weight in all 
 
 fuffered for their deference to acts of thofe parts of the American interefts 
 
 the Britiih legislature, and you will 
 be particularly attentive that fuch per- 
 fons be effectually fecured from any 
 further infult, and that as far as in 
 you lies, you will take care by your 
 example and influence, that they may 
 be treated with that refpect to their 
 perfons, and that juftice in regard to 
 all their preteniions which their merits 
 and fufferings undoubtedly claim. 
 
 to which they relate, and, as his Ma- 
 jeily honors you with his fulleft ap- 
 probation, both for the firmnefs and 
 for the temperance of your conduct, 
 fo I hope your province will be fen- 
 iible of their obligations to you, and 
 will cordially feel what they owe to a 
 'governor whom no outrage could pro- 
 voke to relentment, nor any infult 
 induce to relax in his endeavour to 
 
 perfuade 
 
 [* In perfuading that full r , &c.] 
 
 [f I have transmitted to the feveral governors to be laid before the 
 aflemblies, will mew you the fenfe of that houfe on thofe points, and I am 
 perfuaded, need not prefs you to exert your utmoft endeavours to excite every 
 where a fpirit of obedience and fubmiffion among the people.] 
 
 [| Which ought to recommend, &c.j 
 
 [11 This will be delivered to you by Major James, \vhofe fpirited conduct in 
 hispoft at New- York, and his unprejudiced reprefentations here muft do him 
 
 great 
 
PRIOR DOCUMENTS. 
 
 with his Majefty 's approbation." 
 
 And *to New-Hampmire with the 
 following paragraph : 
 
 " By his Mojefty's commands, I 
 tranfmit to you the refolutions of the 
 Houfe of Commons of Great Britain, 
 on the occafion of the late difturbances 
 in America, to be laid before the 
 aflembly." 
 
 The 'three faid laft paragraphs are 
 likewife omitted to the governors of 
 Quebec, Nova-Scotia, Eaft and Weft- 
 Florida, and Weft-India Iflands, and 
 the following one was made ufe of: 
 
 <f I am glad to find there have been 
 no difturbances in your * province on 
 this occaiion, and I am confident, I 
 need not point out to you the beha- 
 viour which it becomes the colonies 
 to ufe at this time, or the arguments 
 which you ought to employ to enforce 
 the neceflity of fuch a behaviour in 
 the prefent fituation of things." 
 N. B. The refolutions of the Houfe of 
 
 Commons were alfo tranfmitted to 
 
 them. 
 
 perfuade his Majefty to mew indul- 
 gence ajid favour even to the offend- 
 ing part of his people, lam, &c. 
 
 H. S. CONWAY. 
 To Governor Bernard. 
 
 Like letters to the governors of 
 New- York, New-Jerfey, Connecticut, 
 Rhode-Ifland, Virginia, Maryland, 
 North Carolina and Georgia, which, 
 inftead of the laft paragraphs, con- 
 clude with the following one : 
 
 ts Your fituation, which has made 
 you a witnefs of the diftraclions of 
 that country, will enable you to form 
 the beft judgment of the behaviour 
 which your province ought to ufe 
 upon this occafion, and of the argu- 
 ments which you ought to employ to 
 enforce the neceflity of fuch a beha- 
 viour as is fuitable to their prefent 
 circumftances." 
 
 The three laft paragraphs are omit- 
 ted in the letters to the governors of 
 Pennfylvania, New-Hampfhire, and 
 South-Carolina, which conclude with 
 the paragraph as above, with this 
 addition to Pennfylvania : 
 
 " I am glad to find that things have 
 remained quiet in your government : 
 By his Majefty's commands I tranfmit 
 you the refolutions of the Houfe of 
 Commons, to be laid before your af- 
 fembly, whom you will at the fame 
 time afTure of his Majefty's appro- 
 bation of the wife and prudent as 
 well as dutiful behaviour which the 
 province of Pennfylvania has held, 
 amidft the too prevailing detractions 
 which have fo generally agitated the 
 other colonies. 
 
 *' This behaviour of your province 
 reflects honor on your adminiftration, 
 and I have the fdtisfaction to inform 
 you, that your own conduct meets 
 
 great credit with all honeft men. It is by his Majefty's commands that I re- 
 commend him not only to your protection but to your favour. 
 
 ^ Your laft letters of the 22cl of February are juft received : I cannot now 
 give you a particular anfwer; your own knowledge of things and prudence, 
 will make any particular direction needlefs, 
 
 To Major-General Gage. I am,, &c, H. S. CoNWAY.] 
 
 [ * Government.] 
 
 N 
 
 Copy of a circular Letter to hit Ma- 
 jefty's Governors in America. 
 
 Whitehall, July 10, 1766. 
 S I R, 
 
 I fend you herewith inclofed, " An 
 Act, intitled, an Aft for repealing 
 certain Duties in the Britifh Colonies 
 and Plantations, granted by feveral 
 Acts of Parliament, &c. and for 
 granting other Duties inftead there- 
 of," which I make no doubt will bet 
 received and confidered as a further 
 proof of the king and parliament's 
 attention to the interefts and prof- 
 perity of his Majefty's American fub- 
 jects. I am, Sec. 
 
 RICHMOND, 
 
RIOR DOCUMENTS. 
 
 Copy cf a Letter from the Earl of Sbel- 
 
 burne to Sir Henry Moore, Governor 
 
 cf New-JTork. 
 
 Whitehall, Auguft 9, 1766. 
 SIR, 
 
 I took the firft opportunity, after 
 his Majefty had been moft gracioufly 
 pleafed to intruft me with the Teals of 
 the fouthern department, to lay before 
 him your letter of the zoth of June, 
 giving an account of the general fatif- 
 fadlion exprefTed by all ranks and de- 
 grees of people on the repeal of the 
 ftamp-aft, and likewife your reafons 
 for afTenting to a bill for providing 
 barracks, firewood, candles, bedding 
 snd utenfils for the kitchen for the 
 king's troops as demanded, notwith- 
 ftanding the articles of fait, vinegar, 
 cyder and beer, be not included, under 
 a pretence that they are not provided 
 for troops lodged in barracks in 
 Europe. 
 
 I have his Majefty's commands to 
 acquaint you of the fatisfaclion he 
 feels in the happinefs of his fubje&s, 
 arifing from the tender care and con- 
 fideration of his parliament ; but I am 
 ordered to fignify to you at the fame 
 time, that as it is the indifpenfible 
 duty of his fubjefts'in America to 
 obey the ads of the legiflature of 
 Great-Britain, the king both expefts 
 and requires a due ana chearful obe- 
 dience Jo the fame ; and it cannot be 
 doubted that his Majefty's province of 
 New- York, after the lenity of Great- 
 Britain fo recently extended to Ame- 
 rica, will not fail duly to carry into 
 execution the al of parliament pafled 
 kft feffioa for quartering his Ma- 
 ^jefty's troops, in the full extent and 
 meaning of the aft, without referring 
 to the ufage of other parts of his Ma- 
 jefty's dominions, where the legiflature 
 has thought proper to prefcnbe dif- 
 ferent regulations, and which cannot 
 be altered any mo.e than in North- 
 America, except upon a refpeftful 
 a.nd well-grounded reprefentation of 
 the' hardfhip or inconvenience : 
 Thefe confederations, I am convinced, 
 
 muft of themfelves have fo much 
 weight with the aflembly of New- 
 York, not only in the prefent con- 
 juncture, when it is natural to fup- 
 pofe the minds of men retain fenfible 
 impreffions of what has lately paffed, 
 but upon other occafions which may 
 call for a ready obedience, that I 
 cannot think it neceflary for me to 
 enlarge further upon their importance ; 
 I muft only. Sir, in general, add, 
 that I hope and believe, that a very 
 little time, together with that tem- 
 perate adminiitration of government, 
 which your regard to the people under 
 it muft make you naturally incline to, 
 and that firmnefs which, your duty to 
 the king equally requires, will allay 
 whatever remains of thofe heats which 
 have fo unhappily for America pre- 
 vailed, and which, if continued, muft 
 prove of the moft fatal confequence to 
 whatever province they are fufFered in* 
 I am therefore perfuaded, that tJie 
 aflembly will lofe no occafion^ that 
 offers, of convincing his Majefty, that 
 the people of New- York will yield to 
 no other part of his Majefty's fubjects 
 in duty, loyalty, and obedience, to 
 fuch laws as the king and parliament 
 have thought proper to enact, for 
 their benefit and protection. 
 
 I am, Sec. SHELBURNE. 
 
 of a Letter from the Earl of Shel- 
 burne to Governor Bernard. 
 
 Whitehall, Sept. 13, 1766. 
 SIR, 
 
 I have had the honor to lay before 
 the king your letters of the 2pth of 
 June and ipth of July laft, together 
 with the inclofures therein contained, 
 and I have received his Majefly's 
 commands to communicate them to 
 fuch of his fervants as he thinks proper 
 ufually to confult upon his moft im- 
 portant affairs, as fbon as the feafon 
 of the year will conveniently admit of 
 their meeting for this and other pur- 
 pofes. In the mean time his Ma- 
 jefty is extremely forry to obferve any 
 degree of ill temper remaining in his 
 
 colony 
 
PRIOR DO 
 
 Colony of Maflachufet's-Bay, or that 
 points ftiould be fo improperly agi- 
 tated, as to tend to the revival of dif- 
 putes which every friend to America 
 muft wiih to be forgotten . They have 
 feen the parliament of Great-Britain 
 give due attention to all well-founded 
 complaints of the provinces, notwich- 
 Itanding they appeared to them in 
 fome parts not fo properly urged, and 
 though the legiflature will certainly, 
 on all juft occasions, exercife and en- 
 force its legiilative power over the 
 colonies, yet it cannot be doubted 
 but it will exert it with a due regard 
 to the nature of their connection with 
 the mother-country. 
 
 Upon this occafion it is proper to 
 obferve in general, that the eafe and 
 honor of his Majefty's government in 
 America will greatly depend on the 
 temper and wifdom of thofc who are 
 intruded with the adminiftration there, 
 and that they ought to be perfons dif- 
 daining narrow views, private com- 
 binations, and partial attachments. 
 It is with grear pleafure, Sir, that I 
 have obferved the manner in which 
 you have conducted yourfelf during 
 the difputes of the lail year, which I 
 cannot do without highly approving 
 your attention and watchfulnefs on 
 the one hand to fupport the authority 
 of government, and on the other, the 
 tendernefs and affection which ap- 
 peared in all your letters towards the 
 people under your government. A 
 temperate conduct, founded on the 
 true bafis of public good, avoiding 
 all unneceffary referve where nothing 
 arbitrary is thought of, and nothing 
 unreafonable required, muft carry 
 conviction to the hearts of the de- 
 luded, conciliate the minds of all, 
 and infure the confidence of his Ma- 
 jefty's loyal and loving fubjects of 
 America. 
 
 Upon thefe confiderations I am per- 
 fuaded that the aflembly will imme- 
 diately, upon their meeting, fall into 
 meaiures to terminate all local dif- 
 ficulties which appear by your .ac- 
 counts to have hitherto prevented that 
 
 G U M E N T ?. 9$ 
 
 compliance which will be expected by 
 parliament, with the recommendations 
 you have been required to make, in 
 confequence of the refolutions of both 
 houibs. It is impoffible to conceive, 
 that they will fuffer any private con- 
 fiderations to interfere with their defire 
 of mewing a proper fenfe of that pa- 
 ternal regard which they have ex- 
 perienced from his Majefty, and that 
 attention which parliament has given 
 to their complaints, which can never 
 be done with more propriety than by 
 granting, with the ur.moft chearful- 
 nefs, a juft compenfation to thofe who 
 have fuffered by the late diforders, 
 
 I am, &c. SHELBURNE, 
 
 Extract of a Letter from Lieutenant Ga- 
 ventor Bull to Mr. Secretary Comuay. 
 [ Received June 30.] 
 Charies-fown, May p, 1766. 
 S I R, 
 
 By the Hillfborough Packet oji the 
 1 5th of laft month, I received the 
 honour of your letter (a duplicate, 
 the original never having reached me) 
 dated the 24th of October, 1765, fig- 
 nifying his Majefty's pleafure in regard 
 to the fuppreffion of riots in this pro- 
 vince, and it is with no fmall fatis- 
 faction I reflect that my behaviour in 
 that delicate conjuncture has been re- 
 gulated in the lame manner which 
 his Majefty has gracioufly thought fit 
 to command his governors to obferve. 
 
 I am to acquaint you, Sir, that 
 within thefe two days we have re- 
 ceived accounts from various parts 
 that the ftamp-act is certainly re- 
 pealed, which are attended with cir- 
 cumftances that leave no room to 
 doubt the truth thereof. The joy 
 of the people on this occafion was 
 demonftrated by running almoft to 
 excefs, at the thoughts of being re- 
 lieved, not only from the diltrefs 
 which the prefent ftagnation of bu- 
 finefs had brought on them, but alfo 
 from the apprehenfions of having 
 further burthens laid upon them; and, 
 although I expect the arrival of Lord 
 
 Charles 
 
94 PRIOR DO 
 
 Charles Montague, our governor, every 
 day, the irkfomenefs of the late reftraint 
 renders the people To impatient of 
 waiting for any further confirmation 
 of this agreeable news, that as the 
 repeal operates from the day the king 
 gives hi* royal affent to the bill, all 
 the ufual channels of bufinefs are now 
 Opened, and with them a profpect of 
 good order, tranquil! ty, and prof- 
 through the province, 
 
 G&ozrner Sir Henry Moore's Letter te 
 
 Mr* Secretary Cottvuay. 
 \Rtd f ved July 6, by Major -General 
 
 Burton.] 
 
 Fort-George ) Nenu-Tork, 
 SIR, May 27, 1766. 
 
 J had the honor of receiving your 
 letters by the hands of Major James, 
 and at the fame time difpatches for 
 the reft of his Majeily's governors, all 
 which were forwarded to them within 
 a few hoars after they were landed. 
 AS the general affembly of this pro- 
 vince will meet in a few days, I mall 
 then have an opportunity of feeing 
 what impreffion has been made on 
 their minds by the fignal favours al- 
 ready conferred on them by his Ma- 
 jcfiy and his parliament, and what 
 ictams of gratitude they are inclined 
 to make. Nothing, on my part, 
 ihali be wanting to bring back to 
 their duty thofe who have been im- 
 poied on and mifled, and I mall, in 
 the ftrongeft manner, recommend to 
 the aflembly the cafe of thofe perfons 
 who were fufferers in the late com- 
 motions, that they may have a full 
 compensation made to ihem for the 
 lofies they fuftained, by the hafty and 
 ill-timed proceedings of the populace. 
 I have the honor to be, &c. 
 
 H. MOORE. 
 
 Governor Sir Henry Moore s Letter. 
 [Received the 2$th of July.] 
 
 Fort-George , New-York, 
 SIR, June 20, 1766. 
 
 The pacquet having fuffered fo 
 in her teft voyage as to Hand 
 
 C U M E N T S. 
 in need of fome confiderable repa- 
 rations before me could venture to fea 
 again, I am enabled, by the delay 
 which this misfortune has occafioned, 
 to tranfmit to you fome accounts of 
 our proceedings here, fince I had the 
 honor of your letter, notifying the 
 repeal of the ftamp-acl:. The ge- 
 neral affembly having defired, at the 
 clofe of the lail feffion, to fit again in 
 the fpring for the difpatch of fome 
 bufinefs, their meeting was put off, 
 by different prorogations, till the 1 1 th 
 day of this month, and I have here 
 inclofed my fpeech at the opening of 
 the feffions, and the addreffes of the 
 council and affembly. From the ge- 
 neral fatisfa&ion which was expreffed 
 here by all ranks and degrees of 
 people, I had all the reafon to expeft, 
 that the earlieft opportunity would 
 have been taken to mew their gra- 
 titude for fuch fignal favours received ; 
 you may then eafily judge, Sir, how 
 much I was furprized to find myfelf 
 difappointed in my expectations ; for, 
 upon General Gage's .application to 
 me for bedding, utenfils, &c. agree- 
 able to the aft of parliament for kis 
 Majefty's troops then under orders of 
 march for this city, the coniideration 
 of the meffage I lent was pcilponed 
 till after the arrival of the troops, by 
 which they were put to very great 
 inconveniences, and afterwards fuch 
 refoludons were entered into that ap- 
 peared to me as evafive as they were 
 unexpecled. After informing the ge- 
 neral with what had paffed, I fent a; 
 fecond meffage, which was ordered 
 in fuch a manner as to require a ca- 
 tegorical anfvver, which laid them 
 under fome difficulties ; for, although 
 it appeared plainly, that they did not 
 choole to mew that obedience which 
 was due to an al of parliament, it 
 was as evident that they were too ap- 
 prehenfive of the ill confequences 
 which would attend their refilling to 
 comply with it. They have now or- 
 dered a bill to be brought in, for 
 providing barracks, fire-wood, can- 
 dles, 
 
? R 1 R t> O 
 
 dies, bedding, and utenfils for the 
 kitchen as demanded, but the ar- 
 ticles of fait, vinegar, and cyder or 
 beer, are not to be included in the 
 bill, being furnimed with this pre- 
 tence to leave them out, that they 
 are not provided in Europe for his 
 Majefty's troops which are in bar* 
 racks ; and, as the General is fatis- 
 fied that nothing more can be ob- 
 tained at this time, I hope that I 
 fhall be thought to aft for his Ma- 
 jefty's fervice in paffing the bill in its 
 prefent ftate, for the difficulties which 
 would arife in the other colonies upon 
 a like application from their gover- 
 nors, may by this ftep be obviated, as 
 I am perfuaded, from what I have 
 feen, that the example of this pro- 
 vince, in making the provifion re- 
 quired, will have a greater influence 
 on the proceedings of the others than 
 any other motive whatfoever, and it 
 will appear on the minutes of the ai- 
 fembly, that I made the fame demand 
 during their laft fcffion, without being 
 able to obtain the fmalleft fum for 
 that purpofe. This, Sir, is a bare re- 
 lation of what has patted here, with- 
 out aggravating or extenuating any 
 one circumftance, and as matters of 
 fact fpeak belt for themfelves, I 
 thought it proper to lay the whole of 
 this proceeding before you, as it will, 
 at one view, mew the deference here 
 paid to acts of parliament, and what 
 may be our expectations on a future 
 occafion ; you will be pleafed to ob- 
 ferve, that my inefiage is treated 
 merely as a requisition made here, 
 and that they have carefully avoided 
 the leaft mention of the act on which 
 it is founded, and it is my opinion, 
 that every act of parliament, when 
 not backed by a fufficient power to 
 enforce it, will meet with the fame 
 fate here. I am, &c. 
 To the Right Hen . H . M o O R E . 
 
 //. S. C oneway. 
 
 The Speech rf his Excellency Sir Henry 
 Moore t Barf. Captain-General and 
 
 C U M E N ' T S. 95 
 
 Governor in Chief \ in and over /<&* 
 Province of New-York, and tie Ter- 
 ritories depending thereon in America* 
 Vice- Admiral and Chancellor of, the 
 fame. 
 To the Council and General Ajfimblj of 
 
 the faid Province* 
 Gentlemen of the Council , and Gen- 
 tlemen of the General AJfimbly, 
 The general fatisfaction which has 
 been diffufed throughout the colonies 
 on the late favourable proceedings of 
 the parliament of Great-Britain in the 
 repeal of the {lamp-aft, and the im- 
 preffion made on the minds of the 
 people on receiving fuch diftinguHh- 
 ing marks of his Majefty's favour and 
 protection, have induced me to give 
 you the earlieft opportunity of making 
 thofe acknowledgements of duty and 
 fubmiifion, which on fuch an occaiion 
 mult arife in the breaft of every in- 
 dividual. The mifreprefentatkms 
 heretofore made by artful and de- 
 figning perfons, have had their effe& 
 in impofing on the weak and cre- 
 dulous, and falfe hopes and fears are 
 now conceived by thofe, who, from 
 their fituation, can only fee and hear at 
 a diftance, and of courfe are eafily 
 impofed on. Let it be your concern 
 to undeceive the deluded, and, by 
 the powerful examples of your own 
 conduct, bring back to a fenfe of 
 their duty, thoie who have been 
 mifled, that nothing which can carry 
 with it the leaft refemblance of former 
 heat and prejudice may be fuffered to 
 prevail, and the minds of thofe who 
 are too eafily agitated, be difpofed to 
 a chearful obedience to the laws, and 
 to fentiments of refpectful gratitude 
 to the mother-country. 
 
 Genthmen of ths General AJfcmbly, 
 I : lull at this time recommend to 
 your particular attention the cafe of 
 thofe unfortunate perfons, who from 
 the Hcentioufnefs of the populace have 
 fuffered for their deference to the acts 
 of the Britifh legiflature : I flatter 
 myfelf, that they who fue to this 
 houfc for juilice will never fue in 
 
 vain. 
 
9 6 PRIOR BO 
 
 Vain, and that it will be no ungrate- 
 ful talk for this province to take the 
 lead on fuch an occafion, and, by 
 making a full and ample compenfation 
 to the fufferers for their goods and 
 effefts deftroyed, fhew to the neigh- 
 bouring provinces, by an example 
 great as well as juft, the fenfe which 
 is here entertained of the benefits 
 lately received. The refolutions of 
 the Houfe of Commons have, by his 
 Majefty's commands, been tranfmitted 
 to me, in order to be laid before 
 you : thefe fuffkiently mew the fenfe 
 of that auguft aiTembly on this point, 
 whofe fentiments it ^fhould be your 
 glory to adopt and imitate, as they 
 are fo evidently founded on the 
 cleareft principles of humanity and 
 juftice. This carries its own recom- 
 mendation with it, and makes it 
 needlefs for me to enforce by argu- 
 ments, a meafure, which at the fame 
 time it will do honour to the province, 
 -will mew yourfelves not unworthy of 
 that royal condefcenfion and pro- 
 tection which have been manifefted 
 on the late interefting occafion. 
 
 Gentlemen of the Council, and Gen- 
 tlemen cf tie General AJfembly, 
 
 I have nothing mere in particular 
 to lay before you at this juncture, and 
 {hall be extremely happy to (Lew my 
 ready concurrence with you in pro- 
 moting every meafure which can tend 
 to the ferVice of his Majefty, and the 
 . welfare of the people. 
 
 New-Tort, H. MOORE. 
 
 June 12, 1766. 
 
 To his Excellency Sir Henry Moore, 
 Bart. Captain-General and Gc^sr:ior 
 in Chief in and over t e Province of 
 New-York, and the Territories de- 
 fending in America, Chancellor and 
 Vice- Admiral of the fame. 
 The bumble Addrejs of the Council cf 
 
 the Province of New -York. 
 May it plea fe your Excellency, 
 The council, impreffed with the 
 warmeft fentiments of duty and gra- 
 titude to his Majefty, for the late 
 
 C U M E N T S. 
 
 moft diftinguifiiing mark of roya't 
 favour and protection, and filled with 
 the higheft fenfe of the great wifdom, 
 juftice and moderation, manifefted in 
 the proceedings of that auguft body 
 the Britiih parliament, return your 
 Excellency their unfeigned thanks for 
 this early communication of an event 
 fo ardently hoped for, and fo highly 
 fatisfaclory to thefe colonies. 
 
 To undeceive the deluded, and to 
 bring back to a fenfe of their duty 
 the mifguided and prejudiced, have 
 been the fixed objecls of our attention, 
 fenfible that where fubmiffion to the 
 Jaws is wanting, anarchy and con- 
 fufion muft enfue : evils the moft to 
 be dreaded, as they are the moft per- 
 nicious to fociety. And you may be 
 affured, Sir, that nothing mall be 
 wanting on our part to inculcate in 
 the minds of the people, a thorough 
 fenfe of the obedience they owe, the 
 dependence they ftand in, and the 
 benefits they receive from their moft 
 gracious fovereign, and- their guar- 
 dians the Britiih parliament, con- 
 fident that the colonies in general, 
 will, by their conduct, mew theni- 
 felves deferving of every mark of 
 royal favour and indulgence. 
 
 We mall, at all times, cheerfully 
 and readily concur with your Excel- 
 lency in promoting every, meafnre 
 which can tend to the iervice of his 
 Majefty, and the happinefs and prof- 
 peri ty of the colony. By order of 
 the council, 
 
 Ncw-Tork, DANIEL Ho RS MAN DEN, 
 June 14, 1766. Speaker. 
 
 To v.'hich his Excellency was pleafed 
 to return the following anfwer. 
 Gentlemen, 
 
 I return you many thanks for this 
 addrefs, as the fentiments you exprefs 
 therein muft fo manifeftly tend to the 
 eftablifhment of the happinefs and 
 profperity of your country. 
 Fort George , Ncv-j-York, 
 June 1 6, 1766. 
 
 2V 
 
P R I O ft DO 
 
 AtUrefs of the Houfe of A/emlly of 
 
 Ne ( vj-York. 
 
 To his Excellency Sir Henry Moore, 
 Baronet, Captain-General and Go- 
 ijernor in Chief, in and over the 
 Colony of New-York, and the 'Ter- 
 ritories depending thereon in America, 
 Chancellor and Pice-Admiral of the 
 fame. 
 The humble Addrefs of the General A/- 
 
 fembly of the f aid Colony. 
 May it plea fe your Excellency , 
 We his Majeily's moil dutiful and 
 loyal fubjcds the general aflembly of 
 the colony of New- York, return your 
 Excellency our hearty thanks for your 
 fpeech. 
 
 The recent inftance of his Maj city's 
 tender concern for the rights and li- 
 berties of his American fubjects, and 
 the fignai proof of the juftice and im- 
 partiality of the Britifh parliament, in 
 the repeal of the ftamp-act, will, we 
 doubt not, add new ardour to their 
 affection for his facred perfon and go- 
 vernment, and augment their eileem 
 and' 'veneration for his auguft par- 
 liament* 
 
 And as we conceive it our honor 
 and happinefs to participate in, and 
 to the utmoft of our power to promote 
 and inculcate the warmeft gratitude 
 for every inftance of moderation and 
 juftice in the grand legiflature of the 
 nation, fo we (hall neglect no op- 
 portunity to difcountenance and fup- 
 prefs every mifreprefentation tending 
 to extinguifh or abate fuch becoming 
 fentiments, and to promote by our 
 influence and example, a chearful 
 obedience to t&e laws, and a re- 
 fpectful conduct to the mother- 
 country 
 
 The refolutions of the honourable 
 houfe of commons refpecting the fuf- 
 ferers in the late commotions, we 
 fhall confider \vith all the deference 
 due to the fentiments of that il- 
 luftrious aflembly, and we return 
 your Excellency our hearty thanks 
 for your aflurance of your ready 
 f Occurrence in promoting every 
 
 C -U M E N T S. 97 
 
 meafure which may tend to the fer-. 
 vice of his Majefty, and the welfare 
 of the people. By order of the ge- 
 neral aflenibly, 
 
 AJTembly-Chamber, W. NICOLL, Sp r . 
 City of New-York, June 16, 1766. 
 
 To which his Excellency was pleafed 
 to return the following anfwer. 
 Gentlemen of the General AJfembly, 
 I return you my thanks for this 
 addrefs. It is hoped from the fen- 
 timents you entertain of the bene- 
 fits lately received, that thofe who 
 have at heart the profperity of their 
 country, will not neglect fo favour- 
 able an opportunity of diftinguiming 
 themfelves as that which now offers, 
 by promoting whatever may be ne- 
 ceflary towards the fettling on a laft- 
 ing foundation, the mutual intereftsof 
 Great-Britain and her colonies. 
 
 Copiei of Sir Henry Moore 9 3 two Mef- 
 fages to the Houfe of AJ/embly of New- 
 York, and the Anfwtrf, in his Letter 
 of June 20, I7$6. 
 
 Copy of Sir Henry Moore's frft Mef- 
 fage to the Houfe of AJfimbly, 
 
 June 13, 1766. 
 
 A return of his Majefty's forces 
 under orders of march for this city, 
 having been fent to me by his Ex- 
 cellency General Gage, I take the 
 earlieft opportunity oflaying it before 
 you, and hope you will give the ne- 
 ceflary directions, that fumcient quar- 
 ters, bedding, uteniils, &c. may be 
 provided for the reception of the of- 
 ficers and foldiers fpecified in the faid 
 return, agreeable to the act of par* 
 liament. 
 Anfwer of the Houfe of AJJemlly to the 
 
 above Mcffags. 
 
 AJTemMy -Chamber, City of New-York , 
 Die Jo<vis, 9 h. A. M.- the tyth 
 
 of June, 1766. 
 
 The houfe, according to order, re . 
 folvedjtfelf into a committee of the 
 whole lioufe upon his Excellency's 
 meflage of the i^thinilant, recom- 
 mending the making provifion for 
 O quarters, 
 
PRIOR DOCUMENTS, 
 
 quarters, bedding, utenfils, &c. for 
 a number of troops mentioned in a 
 return accompanying the faid mef- 
 fage ; after fome time fpent in con- 
 fidering the fame, Mr. Speaker re- 
 fumed the chair, and Mr. Phiiip Li- 
 vingfton reported the refolutions of 
 the committee, which he read in his 
 place, and afterwards delivered it at 
 the table, where the fame was again 
 read, and are as follow ; viz. 
 
 Refolved, That it is the opinion of 
 this committee, that the general af- 
 fembly of this colony have always 
 been ready and willing to comply with 
 every requifition made to them by 
 order and for the fervice of his Ma- 
 jefty, nor can they recoiled one fmgle 
 inftance wherein they have with-held 
 the aid requeued. 
 
 Refolved, That it is the opinion of 
 this committee, that the requifition 
 now made by the above-mentioned 
 melfage, is of fuch a nature and ten- 
 dency, that mould it be granted, the 
 txpence might, and probably would, 
 very foon exceed the ability of this 
 colony to pay, as* the number of 
 troops that may from time to time 
 require the like provifion, are to this 
 committee entirely unknown, and the 
 articles required for the greateft part, 
 as this committee is informed, unpre- 
 cedented. 
 
 Refolved, That it is the opinion of 
 this committee, that the requifition 
 now made will amount at lead to 
 three-pence per day for each private 
 man, exclufive of beds and bedding. 
 
 Refolved, That it is the opinion of 
 this committee, that the houfe, upon 
 a proper requifition from the crown 
 for that purpofe, fbould be at the 
 expence of furnifhing barracks, bed- 
 ding, utenfils for drefling victuals, 
 and firewood, and candles, for a pro- 
 portionate part of the troops with the 
 reft of the colonies, whicli the com- 
 mittee conceives is as much as can 
 reafonably be expected. 
 
 Refolyed, That it is the opinion of 
 thi* committee, that 
 
 fervice cannot in the leafl fufFer by 
 the non-compliance of the houfe with 
 this requifition, becauie the troops 
 have hitherto fubMed very well with- 
 out any fuch provifion, and if that 
 was not the cafe, a fum of money to 
 the amount of ..3990, is now re- 
 maining in the treafury of this colony, 
 fubjet to the order of the commander 
 in chief of his Majefty's troops in 
 North-America, which he may apply 
 for the fervice of his Majefty's forces, 
 as he thinks proper. 
 
 And the faid refolutions having 
 been read a fecond time : 
 
 Refolved, That the houfe do agree 
 with the committee in the foregoing 
 refolutions. 
 
 Ordered, That Mr. Thomas and 
 Colonel Livingfton wait upon his Ex- 
 cellency with the foregoing refo- 
 lutions. By order of the general af- 
 fembly, ABRAHAM LOTT, Clerk. 
 
 Copy cf Sir Henry Moore's fecond Me/~ 
 fage to the Houfe of AJJembly^ 
 
 June 20, 17^6. 
 
 A copy of the refolutions of the 
 houfe of aflembly, in anfwer to my 
 meffage of the 1 3th in flan t, recom- 
 mending the making provifion for 
 quarters, bedding, utenfils, &c. for 
 his Majeity's troops then under orders 
 of march for this city, having been 
 fent to his Excellency the general, 
 I yefterday evening received a letter 
 from him, of which the following is 
 an extract. 
 
 fc The fum of 3990 pounds, 
 which the houfe mentions to be re- 
 niainin? in the treafury of this colony, 
 fubjed 10 the order of the commander 
 in chief of his Majefty's forces in 
 North-America, I underftand was left 
 there by Sir Jeffery Amherft, to be re- 
 turned to the province, as the fervice of 
 the public did not require it to be drawn. 
 If the houfe means that fum as a fund 
 to be appropriated to the ufe of quar- 
 tering his Majelty's forces, it will cer- 
 tainly anfwer as well as any other 
 fund they might appropriate to that 
 
 ufe, 
 
PRIOR DOCUMENTS. 99 
 
 fe, as far as it will go. But I mould priate any fund for furniming his Ma- 
 be glad to be informed, whether it is jefty's forces in the manner required 
 the intent and rr Caning of the houfe by his Excellency,, fpr the reafons 
 of aflembly, that the commander in given in the refolutions of the houfe 
 chief of his Majefty's forces mould of the i9th inftant. But, as the ge- 
 draw for the above fum of . 3990, or neral aflemblv have always been ready 
 fuch parts thereof as there may be to promote his Mijeft 's fervice as 
 occafion for, to indemnify the -ma- far as the \ were able, confident with 
 giftrates for the expences they may their duty to, and a due rega-d for the 
 incur in quartering his Majeft/'s intereft of their conftituents, the 
 troops, according to the act of parlia- committee are of opinion, that pro- 
 ment parted the laft feffions of par- vifion mould be made for furnifhing 
 liament for quartering his Majefty's the barracks in the cities of New- 
 forces in North-America." York and Albany, with beds, bed- 
 As by this extract it appears that a ding, fire-woo:!, candles, and utenfils 
 farther explication is required of that for dreffing of victuals for two bat- 
 paragraph in the meflage of yefterday talions, not exceeding five hundred 
 relative to the fum of money therein men each, and one company of ar- 
 mentioned to be lying in the treafury, tillery for one year, 
 and at the difpofal of the commander Refolved> That the expences to 
 in chief of his Majefty's troops. The accrue by virtue of the foregoing re- 
 houfe of aflembly is deiired to inform folutions, be made payable out of the 
 me, on what conditions the general money now remaining in the treafury, 
 is to draw for that money, and by virtue of an act pafled the zoth of 
 
 March, 1762, intituled, " An Act, 
 directing the treafurer of this colony 
 to pay the commander in chief of all 
 
 whether he is to take it on the terms 
 mentioned in his letter or not, that 
 no time may be loft in furniming the 
 neceffaries for the troops. 
 
 his Majefty's forces in North-America 
 the fum of .4790 for his Majefty's 
 Anfaer to Sir Henry Moore's fecond fervice, to be repaid when his Ma- 
 Meffage to the Houfe of Ajflembly, on jeily mall think proper." 
 
 the zoth of June , 1766. 
 Die Luna, 3 b. P. M. the 
 
 June, 1766. 
 
 The houfe, according to order, re- 
 
 folved itfelf into a committee of the 
 
 Ordered, That a bill be brought in 
 pur'uant to the faid refolutions, and 
 that Mr. Philip Livingfton and Mr. 
 Douw prepare and bring in the fame. 
 
 Ordered, That Coionel Livingfton 
 
 whole houfe upon his Excellency's and Mr. Ten Brock wait upon hi? 
 
 with the foregoing re- 
 By order of the general 
 
 ABRAHAM LOTT, Clerk. 
 
 meiTage of the zoth inftant, relating Excellency with the foregoing re- 
 
 to the quartering of his Majefty's ^ '"''>< **" ~-J ~c *i-~ - 1 
 
 forces in this colony. After fome 
 time fpent therein, Mr. Speaker re- 
 fumed the chair, and Mr. Philip Li- 
 
 folutions. 
 alTembly, 
 
 vingfton reported the refolutions of Extraft of a Letter from Lieutenant- 
 
 the committee, which he read in his 
 place, and afterwards delivered in at 
 the table, where the fame were again 
 read, and agreed to by the houfe, and 
 are as follow ; viz. 
 
 Governor Golden to Mr. Secretary 
 Conivay. 
 
 {Received July 25.] 
 
 Ng'-w-Tork, June 24, 1766. 
 The governor, in obedience to his 
 
 Refolved, That it is the opinion of Majefty's command, having laid be- 
 tliis committee, that it is impoffible fore the aflembly of this province the 
 for the general afiembly, in juftice to refolutions of the Houfe of Commons 
 their conftituents, to raife or appro- of Great Britain, for the payment of 
 
 O 2 lofles 
 
100 
 
 PRIOR DOCUMENT 
 
 any perfon has faftained in the 
 late riots for his deference to the acls 
 of the Britifh legiflature ; I fent in 
 an account of things I had deftroyed 
 fry the mob in the night of the firft of 
 November laft, when they broke open 
 my coach-houfe, and burnt my cha- 
 riot, &c. The lofs and value of the 
 things loft were, proved by my fon's 
 oath, amounting to the fum of one 
 hundred and ninety -five pounds, three 
 fhilliags. Major James had petitioned 
 to have compenfation for his loffes 
 fuftamed at that tine, and his pe- 
 tition being referred to a committee 
 of the whole houfe, my account was 
 referred to the lame committee, to- 
 gether with the accounts of fome 
 other perfcns who fuffered at the 
 fa.v.e tir \<- by the mob. The method 
 !{feir,bly has taken of refufingany 
 ,,-eniation to me, is by the com- 
 ; ng my demand over in 
 air! reporting in favour of 
 ths o>: ,en, and I am aflured this is 
 their refoluiion, 
 
 find them filled with the warmeft ex* 
 preffions of duty and gratitude. It 
 gives me great pleafure, that I have 
 been able, through all the late 
 difturbances, to preferve the tran- 
 quility of this province, notwith- 
 ftanding the endeavours of fbme to 
 ftimulate the populace to fuch acls as 
 have difgraced the colonies. 
 
 The wifdom of the prefent meafure* 
 have already had the bell effects in 
 America, and afford the pleafing 
 profpect of an uninterrupted harmony 
 between the two countries, 
 
 The legiflature is flill fitting, an4 
 in all probability we mail have an 
 amicable feflion : I fend herewith a 
 copy of my fpeech to the council and 
 aflembly on this ocean* on, and as foori 
 as I can obtain a copy of their pro- 
 ceedings, I mail do myfelf the honour 
 of tranfmitting it to you likewife. 
 I am, &c. 
 
 To the Right Hon. WM. FRANKLIN. 
 //. S. 
 
 Franklin's Letter to Mr* Se- 
 
 cretary Conway. 
 {Received July 25.] 
 FtrtbAmboy, June 19, 1766. 
 SIR, 
 
 I had the honour of receiving your 
 two letters of the ift and 3ift of 
 March with the two a&s of par- 
 liament, and the refolutions of the 
 Houfe of Commons, which were con- 
 tained in the laft. I immediately 
 fummoned the council and afiembly 
 to meet at this place, when I laid 
 thofe papers before them, and reccm^ 
 Bended it to them to return their 
 thanks and acknowledgments to his 
 Majefty and his parliament, for their 
 great goodnefs arid condefceniion in 
 relieving this country from the diffi- 
 culties occafioned by the ftamp-at. 
 This they have unanimoufly agreed 
 to do, and their addrefies will, I be- 
 lieve, be tranfmitteti to their agent in 
 England by this opportunity, and I 
 have reafon to think that you will 
 
 Extra fit of a Letter from Governor 
 
 Bernard to Mr. Secretary Conway. 
 
 [Received Auguft 2.] 
 
 Bofton, June 29, 1766. 
 I had the honour to receive your 
 letter of March 31 ft on the 31!* of 
 May, three days after the aflembly 
 was met at the ufual time. I have 
 been very defirous, that at the time I 
 acknowledged this receipt, I mould 
 alfo inform you, -that the ailembly 
 had complied with his Majefty's re- 
 commendation to indemnify the fuf- 
 ferers. But I am forry to fay, that 
 after having waited a month for this 
 purpofe, and during that time have 
 ufed ail means in my power to prevail 
 on them to give this proof of their' 
 gratitude and duty, I was obUged laft 
 evening to difmifs them, without 
 their having done any thing towards 
 indemnifying the fufferers, and with- 
 out the leaft affurancc that they ever 
 intended to do it. I fhall, with the 
 firft opportunity, give .your honor an 
 cxacl detail of thi iW<hck affair, fet- 
 
 ting 
 
PRIOR DOCUMENTS. 
 
 ting it in one view, and in a true 
 light. At prefent I write only for a 
 ihip which is to fail to-morrow, and 
 am obliged to- be ihprt in what I have 
 to write to day. 
 
 Extratl of a Letter from Lieutenant- 
 Governor Fauquier to Mr. Secretary 
 Con'-way. [Received Auguft 17.] 
 
 Williamjburgh, Virgini^^ 
 
 June 27, irf6. 
 
 I have been honoured within thefe 
 few days with your favour of the 3 1 ft 
 of March, with the two a6ls of par- 
 liament and votes ef the Houfe of 
 Commons, and with their duplicate^. 
 The unexampled favours the colonies 
 have received from the indulgence of 
 their mpther-country, and the ftill 
 further benefits you give them reafon 
 to hope for, furely demand the ftrong- 
 ell returns of affection, duty and obe- 
 dience, which it is in their power to 
 give,, 
 
 It (hall be my part, by every means 
 in my power, to endeavour to bring 
 this about, and I mail obey his Ma- 
 j city's commands in laying the whole 
 before the afTembly, and make ufe of 
 fuch arguments and meafures as mall 
 appear to me moil likely to produce 
 this moft falutary and mofl neceffary 
 effect, and I have the pleafure, at 
 prefent, to think this is in fome degree 
 probable, though matters are not yet 
 arrived at that maturity as to en- 
 courage rne to give you any affurances 
 of it. 
 
 I have been credibly informed, that 
 there is a propofal now on foot to 
 petition me to call the afTembly fooner 
 than I propofed to do, that they 
 Diight have an early opportunity of 
 teftifying their gratitude by an addrefs 
 of loyalty, duty and obedience, with 
 affurances of their heartily fupporting 
 his Majefty, and the honour and dig- 
 nity of his crown, againft the attacks 
 of any of his enemies. To diofe who 
 gave me this information, and wen: 
 |ent to feel my pulfe, J gave fo? 
 
 Id 
 
 anfwer, that could they infure th 
 conducl of the houfe, that it would 
 tye as they gave me reafon to hope it 
 would, I fhould with the greateft 
 pleafure give them the opportunity 
 they defired, but that I muft go upon 
 fure ground r for, if the confequence 
 of their meeHn ; g^arty -fKbuld J;e dif- 
 ferent from our *wiflies/ and any of- 
 fenfive or (ediuoas i^folutioAS- fooolil 
 be entered - into/ I ilv6uM-dh]y givfcf 
 them a liberty effectually to cut their 
 own throats and lofe every friend they 
 now had, and that I had too great a 
 regard for them to be inftrumental in 
 what I conceived might prove their 
 deflruclion : They have undertake* 
 to give me all the affurances I can 
 require, if the petition mould be pre- 
 fented.' 
 
 ExtraS of a Letter front Major Ge- 
 neral Gage to Mr. Secretary Conway. 
 \Receiijed Auguft 25.] 
 
 New-Tork, July 15, 1766. 
 In my letter of the 24th of June, I 
 had the honor to acquaint you that 
 his Majefty's twenty-eight regiment, 
 under the command of Major Browne, 
 had been ordered into Dutcheffe county 
 in this province, to aflift the civil of- 
 ficers in putting the laws in execution 
 and to quell fome dangerous riots. 
 A fmall body of the light infantry 
 company was fired upon by the rioters, 
 and three of them wounded : they re- 
 turned the fire, wounded fome, pur- 
 fued and difperfed the reft, notwith- 
 ftanding their numbers. The diftur- 
 bances had fpread into the county of 
 Albany, where a fkirmiih happened 
 between the Sheriff, with about two 
 hundred followers, and a party of the 
 rioters. Some few were killed and 
 wounded on both fides, but the fheriiF 
 and his people were put to flight. A 
 great many prifoncrs have been taken 
 or delivered themfelves up, and among 
 them are feveral principals. After 
 reilormg tranquility to the country, 
 the regiment came to this place, 
 
 leaving 
 
PRIOR DOCUMENTS. 
 
 102 
 
 leaving a. captain and fifty men to 
 guard the gaols, and brought with 
 them the principal ringleaders of the 
 whole confederacy. The magiftrate* 
 commend the regiment greatly, as 
 well for their fpirit and readinefs in 
 apprehending the rioters, as for their 
 ftri^inefc of tii&vpjihe; *iot having 
 takeVthe leaft 'thing during .their ftay 
 jathe.'ccuhtry, ;$:d eVeft refufmg to 
 piiirufer the houfcs of Tome" of the 
 proclaimed rioters, though defired to 
 dp it. 
 
 The afTembly of this province has 
 paiTed a law to provide quarters, 
 bedding, fuel and utenfils, for two 
 regiments and one company of ar- 
 tillery. There is now in this place 
 the 28th and 46th regiments, the 
 latter very weak, from fome infirm 
 and old men difcharged, and a great 
 number of foldiers whofe times of 
 fervice were expiring; and the 2 8th 
 regiment will alfo be foon very much 
 reduced in their numbers for the fame 
 reafons. Recruiting parties have been 
 fenthome from the 46th regiment, to 
 endeavour to compleat them ; two 
 companies of the royal regiment of 
 artillery are incamped at the maga- 
 zines, about four miles from the city, 
 where they have a field train drawn 
 out, and the men kept in conftant 
 practice in the exercife of the guns. 
 
 Governor Ward to Mr. Secretary 
 
 Cojwjay. 
 [Received Augufl 26.] 
 
 Newport, Rhode-IJland, 
 SIR, June 25, 1766^ 
 
 Having the honor of your Excel- 
 len-y's letter of the 31*1 of March 
 laft, inciofmg a copy of the act of 
 parliament, repealing the act of laft 
 leflkm for granting certain ftamp- 
 dut es in America, &c. I laid it, with 
 the mclofed copies, before the general 
 afiembly, at their feffion on the pth 
 inilant. 
 
 Upon this moft happy occafion, the 
 general affembiy, with hearts deeply 
 imprefied with affection, loy- 
 
 alty and gratitude, unanimously re- 
 folved upon the inclofed humble 
 addrefs of thanks to his Majefty, in 
 which I moft fmcerely concurred, and 
 I beg leave to requeft your Excellency 
 to do the colony the honor to prefent 
 it to our moft gracious fovereign. 
 
 Your Excellency is alfo pleafed to 
 inform us, that a revifion of the 
 American, trade laws is going to be 
 the immedfete obi eft of parliament, 
 and that every relief which the ftate 
 of our circumftances demands, or 
 admits, will be afforded us. This 
 frefh inftance of the kind, and in- 
 dulgent difpofition of the Britifh le- 
 giflature, is univerfally acknowledged 
 with the moft fincere and refpectful 
 gratitude. And as nothing is more 
 certain, than that the profits of the 
 trade of the colonies will ultimately 
 center in Great-Britain, I have na 
 doubt but fuch regulations will have 
 the moft happy effect upon the com- % 
 merce and manufactures of the mother 
 country. - 
 
 The wife, upright, and benevolent 
 meafures of the legiflature, in the 
 prefent feflion, have fupprefied every 
 appearance of murmuring and dif- 
 fatisfaction, and difFufed joy, tran- 
 quility and happinefs throughout tke 
 colonies, and I can a{ftire your Ex- 
 cellency, that the moft dutiful, affec- 
 tionate and grateful returns will be 
 made by them, and that they are fo 
 firmly attached to their fovereign and 
 to the Britifh conrtitution, and are fo 
 truly fenfible of the parental goodnefs 
 of the mother-country, that ihe may 
 rely upon every poffible convenience 
 and advantage from them, and I 
 cannot but promife 'myfelf, that fuch 
 meafures will continue to be purfued, 
 as will fo entirely conciliate the af- 
 fections both of his Majefty's European 
 and American fubjects, that the only 
 future contention between them will 
 be, which mail moft effectually pro- 
 mote his Majefty's fervice, and the 
 interefts of all his widely extended 
 dominions. 
 
 In 
 
PRIOR DOCUMENTS. 
 
 103 
 
 In your Excellency's letter, the mak- 
 ing compenfation to fuch perfons as 
 have fuffered in this colony from the 
 madncfs of the people, is warmly re- 
 commended, upon which 1 can at 
 prefent only fay, that if any appli- 
 cation of that kind mould be made to 
 the affembly, I doubt not but they 
 will take it into fcrious confideration, 
 and that your Excellency may be 
 affined of my utmoft attention effec- 
 tually to fecure fuch perfons from any 
 future ir.fult ; and, that as far as my 
 example and influence may extend, 
 they flull receive all proper refped 
 and regard. 
 
 Before I conclude, I muft beg leave 
 to congratulate your Excellency upon 
 the happy fuccefs of his Majefty's 
 councils. The nation has been often 
 blefled with a wife and upright admi- 
 niftration, but to relieve feveral mil- 
 lions of his Majcfty's faithful fubjeds, 
 plunged in the deepeft anxiety, difcrefs 
 and confufion, and to reltore them to 
 their former tranquility, fecurity and 
 Kappinefs, was an honor referved for 
 the prefent rniniitry. I have the 
 honor to be, &c. 
 fo the Right Hon. SAMUEL W A R D . 
 
 //. S. Convuaj. 
 
 Extraft of a Letter from Governor 
 
 Bernard to Mr. Secretary Con way. 
 
 [Received September 3.] 
 
 Bojlon, July 19, 1766. 
 In my letter of June 29, I informed 
 your honor that I would give you an 
 exacl detail of the proceedings of the 
 houfe of repreientatives, upon the in- 
 demnificaron of the fufferers by the 
 riots at Botton, fetting it in one view 
 and in a true light. For this purpofe 
 I have caufed all the proceedings bf 
 the governor, council, and houfe of 
 reprefentatives to be printed together, 
 and I have added annotations of my 
 own upon particular paiTages, v.hich 
 will be more eafily made ufe of than 
 if they were difperfed in a long letter. 
 I muft defire that I m?.y have ipecial 
 inftru&ions how to conduct anylelf in 
 
 the further profecution of this affair, 
 efpecially if it mould be thought 
 proper to call the affembly again to 
 move this bufinefs unto them. In the 
 mean time, if there mould be any 
 opening for me to expecl that the 
 houfe will aft in a different manner, 
 I mall not fail to avail myfelf of it. 
 
 Copy of the Proceedings of the Governor, 
 Council, and Houfe of Representatives 
 ofMaffacbufett'sBay, on the Indem- 
 nification cf the Sufferers by the 
 Rioters in Bojlon y from March 31, 
 to June 28, 1766, in Governor Ber- 
 nard's Letter of July 19, 1766. 
 
 March 31, 1766. 
 
 A few days after the meeting of a 
 a new affembly in May, 1766, hi 
 Excellency received a letter from Mr. 
 Secretary Conway, dated St. James's, 
 March 31, 1766, wherein he writes 
 as follows : 
 
 ". Nothing will tend more effec- 
 tually to every conciliating purpofe, 
 and there is nothing therefore I have 
 in command more earneilly to require 
 of you, than that you ftiould exert 
 yourfelf in recommending it ftrongly 
 to the affembly, that full and ample 
 compenfation be made to thofe who 
 from the madnefs of the people, have 
 fuffered for their deference to acts of 
 the Britim legiflature. And you will 
 be particularly attentive, that fuch 
 perfons be effectually fecured from any 
 further infuk, and that as tr as in 
 you lies, you will take care, by your 
 example and influence, that they may 
 be treated with that refpecl to their 
 perfons, and that juftice in regard to 
 all their pretenfions, which their me- 
 rits and fufferings undoubtedly claim. 
 
 " The refo'utions of the Houfe of 
 Commons, which by his Majefty's 
 command I tranfmit to you, to lay 
 before the affembly, wi:l ihew you the 
 fenfe of that houle on thofe points, 
 and I am perfuacled it will, as it molt 
 certainly ought, be the glory of that 
 affembly to adopt and imitate thofe 
 fentiments of the Bdtim. parliament, 
 
 founded 
 
PRIOR DOCUMENTS. 
 
 founded on the cleareft principles of 
 humanity and juftice." 
 
 The refo'Utions of the Houfe of 
 Commons relating to this bufinefs, 
 are as follows : 
 
 Refolved, That it is the opinion of 
 this committee, that fuch perfons who 
 on account of the deftre which they 
 have manifefted, to comply with, or 
 to affift in carrying into execution any 
 acts of the legiflature of Great-Britain 
 relating to the Britilh colonies in 
 North- America, have fuffered any in- 
 jury or damage, ought to have full 
 compenfation made to them for the 
 fame, by the refpective colonies in 
 which fuch injuries or damages were 
 fuilained. 
 
 ' Reiblved, That an humble addrefs 
 be prefented to his Majeily, humbly 
 to defire, that his Majeily will be 
 gracioufly pleafed to give directions 
 that the laid refolutions be tranfmitted 
 to the Governors of his Majefty's co- 
 lonies and plantations in America, to 
 be by them communicated to the af- 
 femblies of their refpeclive govern- 
 ments. 
 
 On the 3d of June his Excellency 
 made a fpeech to the two houfes upon 
 the fubject matter of Mr. Secretary 
 Conway's letter, and having commu- 
 nicated to them the faid letter, to- 
 gether with the refolutions of the 
 Houfe of Commons, he obferves 
 therefrom as follows : viz 
 
 " I am alfo ordered to recommend 
 to you, that full and ample compen- 
 fation be made to the late fufferers by 
 the madnefs of the people, and for 
 that purpofe I am directed to lay 
 before you the votes of the Houfe of 
 Commons, exprefnng their fenfe upon 
 that fubject, whofe humanity and 
 juilice it is hoped it will be your 
 glory to imitate. 
 
 Gentlemen of the Houfe of Repre- 
 fcntatives. 
 
 " The requifition contained in this 
 letter is of a moil (ingular nature, and 
 the only one of the kind that I have 
 known fmce I hare ierved his Ma- 
 
 jefty in America. It is founded upon 
 a refolution of the Houfe of Com- 
 mons, formed after a full confi- 
 deration of the matter, and repre- 
 fented to his Majeily by the addrefs 
 of that houfe. The juilice and hu- 
 manity of this requifition is fb force- 
 able, that it cannot be controverted ; 
 the authority with which it is intro- 
 duced, mould preclude all deputation 
 about complying with it. I hope, 
 therefore, you will add to the merit 
 of your compliance, by the readinef* 
 of it, and aiTume to yourfelves the 
 honor which now offers itfelf, of fet- 
 ting the fifft example of gratitude and 
 dutiful affection to the King and par- 
 liament, by giving thofe proofs of it 
 which are now pointed out to you. 
 I mutt obferve, that it is from the 
 provincial affembly, that the King 
 and parliament expect this compen- 
 fation Ihotild be made to the futferers, 
 without referring them to any other 
 perfon whatfoever. Who ought fi- 
 nally to be charged with this expence 
 may be a proper confideration for 
 you, and I lhall readily concur with 
 you in vour refolutions thereon, after 
 the fufferers have been fully fatisfied." 
 
 The Houfe of Reprefencatives, in 
 a melTage, in anfwer to this fpeech^ 
 fay upon this head : 
 
 " The recommendation enjoined 
 by Mr. Secretary Conway's letter> 
 and in confequence thereof maue to 
 us, we fnall embrace the firil con- 
 venient authority to conlider and aft 
 upon : In the mean time, cannot (A. 
 /. 1 06. ) but obferve, that it is conceived- 
 in much higher and Jironger term; in the 
 jpeech than in the letter. Whether 
 in thus exceeding, your Excellency 
 /peaks ly your o-ivn authority, or a 
 higher, is not ivith us to determine. 
 However, if this recommendation^ 
 which your Excellency terms a re~ 
 quijition, be founded on fo much 
 juilice and humanity, that it cannot be 
 controverted. If the authority *wii j # 
 cwhlih it is introduced Jhoidd preclude 
 all dijputation about complying <witb 
 
 it*. 
 
PRIOR DOCUMENTS. 
 
 105 
 
 2t, we Jhould be glad to know what 
 freedom we ha-~ve in the cafe. 
 
 On the 25th of June, the Houfe 
 refuming the further conlideration of 
 this matter, fent the following mef- 
 fage to the Governor : 
 
 May it plea fe your Excellency, 
 
 The Houfe of Reprefentatives have 
 duly attended to that part of your 
 Excellency's fpcech which had re- 
 ference to a full and ample corn- 
 pen fation to be made to the fufferers 
 in the late difturbances. 
 
 We are fenfibly affected with the 
 lofs they have fuilained, and have the 
 greati-ft abhorrence of the madnefs 
 and barbarity of thofe perfons, who 
 were the inftruments of their (of- 
 ferings Nothing mall be omitted by 
 us in our department to bring the per- 
 petrators of fo horrid a fad to ex- 
 emplary juftice, and if it be in their 
 power, to a pecuniary reftitution of 
 all damages. 
 
 But may it pleafe your Excellency, 
 as a compliance with your Excellency's 
 recommendation to the provincial af- 
 fembly to make up thefe lofTes, appears 
 to this hciffe not as an aft of juftice, but 
 rather of generofty (B./. 106.) ; they 
 are in doubt, whether they have any 
 authority to make their conftituents 
 chargeable with it, without their ex- 
 prefs confent. The houfe, therefore, 
 beg leave to acquaint your Excellency 
 that they have thought it their duty to 
 refer the confideration of this matter t 
 the next fitting of the general court, (C. 
 p. 107.) that the members may have 
 the opportunity of taking the minds 
 and in'ftruclion of the feveral towns 
 thereupon. 
 
 On the 2/th of June the Governor 
 fent the following mefTage to the 
 Houfe of Representatives : 
 
 Gentlemen cf the Houfe of Repre- 
 fentaii-jes. 
 
 As your reafons for not complying 
 at prefent with what has been recom- 
 mended to you by 'order of the King 
 with the advice of his parliament, on 
 the behalf of the fufferers in the late 
 
 difturbances, will probably be can- 
 vafTed with great precifion, it will be 
 proper that the intendment of them 
 fhould be as certain as may be. I 
 mould, therefore, be glad to know 
 whether I mud underftand from your 
 meflage of yefterday, that it is your 
 opinion, that a detection of the per- 
 petrators of the late mifchiefs is necef- 
 fary to intitle the fufferers to a com- 
 penfation for their lofles. 
 
 It appears to be the gracious in- 
 tention of the King and parliament, 
 that a veil mould be caft over the late 
 difturbances, provided it be covered 
 by a general and uniform dutiful be- 
 haviour for the future; but it is cer- 
 tainly no lefs their firm and refolute 
 purpofe, that the fufferers by thefe 
 difturbances mall have a full and 
 ample indemnification made to them : 
 And this buiinefs has been committed 
 to you upon principles of humanity 
 and juftice, rather than of meer ge- 
 nerofity. 
 
 If you think that an inquiry into 
 the promotion and perpetration of th 
 late diforders, is a neceiTary prelimi- 
 nary to determine from whence the 
 charge of the compenfation mall 
 finally come, and mall pronounce for 
 the expediency of fuch an enquiry, 
 you will certainly be affifted by the 
 Governor and council in the profe- 
 cution of it, and I dare fay it will be 
 no difficult work to trace this matter 
 to the bottom. 
 
 But in the mean time I fear the 
 King and parliament will think their 
 intimations disregarded, by your pro- 
 pofmg an enquiry now, after it has 
 been neglected for nine months paft ; 
 during all which time, the houfe have 
 had this very bufinefs of indemni- 
 fication under their confideration. 
 They expect from you, that the fuf- 
 ferers mall be indemnified at all 
 events, whether the offenders are dif- 
 covered or not, or whether they are 
 able to pay the damages or not, and 
 fecm to be more intent upon indem- 
 nification than punilhmer.r. 
 
 P I there- 
 
106 PRIOR DO 
 
 I therefore wifh, for the fake of the 
 province, whofe interefts, and efpe- 
 cially thofe of its trade, are now in a 
 very nice balance, and for the fake 
 of this town, whofe refpe&able inha- 
 bitants have already fuifered much in 
 the opinion of the world, for having 
 been tame fpe&ators of the violences 
 committed in it, that you would re- 
 move this difgrace without the leail 
 delay, by ordering the indemnification 
 immediately to be made upon the 
 credit of thofe, whom you mail here- 
 after judge to be chargeable with it 
 When this is done, there can be no 
 objection to your poftponing the con- 
 federation on whom this money ought 
 ultimately to be laid, to what time 
 you pleafe, and there is no doubt but 
 that any enquiry which you mail think 
 fit to make for this purpofe, will be as 
 efficacious as youcandefire.(D./. 1 07.) 
 
 Upon which the hcufe the next day 
 prefented to his Excellency the fol- 
 lowing addrefs : 
 
 May it pleafe your Excellency, 
 
 The houfe have duly attended to 
 your Excellency's meffage of the 27 th 
 inftant. We are fully fenfible of the 
 goodnefs of the King 'and parliament, 
 and agree with your Excellency, that 
 it appears to be thdr gracious in- 
 tention that a veil mould be drawn 
 over the late difturbances, and we 
 hope our behaviour will always be 
 fuch as to merit their approbation. 
 Sir, the houfe are ever attentive to 
 the applications of perfons of every 
 rank whofe cafe juftly claims their 
 confideration : (E.p. 108.) But as the 
 Sufferers, whom we apprehend ycnr Ex- 
 tellency refers to, have never applied to 
 this houfe (as we conceive) in a parlia- 
 mentary way for relief, we are humbly 
 cf opinion, that we have done all at 
 prefent that our moft gracious foverdgn 
 and his parliament can reafonably cxpett 
 from us. But to Jhew our regard to 
 every thing recommended to the A ing and 
 parliament, we have appointed a com- 
 mittee to fit in the receis of the court, 
 to make a thorough enquiry into the riots 
 
 C U M E N T S. 
 
 committed in the month of Auguftlaft, 
 and difcover the perfons concerned 
 therein, as far as may be, for the ef- 
 fectuating which buiinefs, we doubt 
 net but we fhall be aided by your 
 Excellency and his Majefty's council. 
 
 And further, we would acquaint 
 your Excellency, that the houfe have. 
 pafle-d a refo've to take the report of 
 this committee under confideration at 
 the beginning of the next fcffioi.a of 
 this court, and ad thereon what fhall 
 appear to them to be juft and reafon- 
 able. 
 
 Your Excellency is pleafed to en- 
 force the immediate compliance, of the 
 houfe with this requifition, by an ar- 
 gument drawn from a regard to the 
 town of Bofton, the reputation of 
 whofe inhabitants your Excellency 
 fays, has already fuffered much, for 
 having been tame fpedators of the 
 violences committed, and that this 
 difgrace would be removed thereby. 
 We fee no reafon, why the reputation 
 of that town fhould fuffer in the 
 opinion of any one, from all the evi- 
 dence that has fallen under the ob- 
 fervation of the houfe ; nor does it 
 appear to us, how a compliance 
 would remove fuch difgrace, if that 
 town had been fo unhappy as to have 
 fallen under it. 
 
 Governor Bernard's Obfervations on the 
 
 Proceedings for the Indemnification of 
 
 the Sufferers in the Riots at Bofton. 
 
 In his Letter of the Ityh of July. 
 
 (A. p. 1 04.) He had been long ufed to 
 
 term the commands of the King, requi- 
 
 fitions, and they have been frequently fo 
 
 called by the afTembly, he therefore 
 
 could not ufe a lower expreflion of a 
 
 command of the King's, preceded by 
 
 the advice of his parliament, therefore 
 
 the Governor calls it a requifition of 
 
 a fmgular nature, and fays, that the 
 
 authority of it ought to preclude all 
 
 difputation. 
 
 (B . p. 1 05 .) The difpute concerning the 
 indemnification being an act of jullice, 
 runs through the whole proceedings. 
 
 It 
 
PRIOR DO 
 
 It has been before mewed, in fupport 
 of the governors ufmg that expreffion, 
 how it is an aft of juflice, fince that 
 the Houfe of Commons have declared 
 that the fufferers ought to have full 
 ^ompenfation made to them j terms 
 very expreffive of its being an aft of 
 juftice ; and the fecretary of ftate, 
 writing by the command of the King, 
 purfuant to the addrefs of the Houie 
 of Commons, exprefsly fays, that the 
 fentiments of the parliament are 
 founded on the cleareft principles of 
 humanity and juftice. If the indem- 
 nification is to be confidered as an 
 act of juftice, it ought to come from 
 the town of Bofton ; if it is to be paid 
 by the province at large, it will be an 
 aft of generofity, that is to the town 
 of Bofton, from whom it is in juftice 
 due. The people throughout the 
 country, expeft that it mall be paid 
 by Bofton only. The reprefentatives 
 pf Bofton have power enough to pre- 
 vent its being charged upon Bofton, 
 but not power enough to engage the 
 houfe to charge the province with it. 
 And hence it is, that they are obliged 
 to poftpone this bufinefs, in hopes, 
 fome time or other, to prevail upon 
 the hcufe to charge this lofs upon the 
 province, and exempt the town of 
 Bofton from it, and fo it is, that this 
 bufinefs is put off to latter Lammas. 
 (C./.IO5 )Betweentl e foregoing mef- 
 fage and the following anfwer to it, 
 there patted a tranfaftion which is pro- 
 per to mention here. The houfe fent a 
 meffage to the Governor verbally by a 
 committee, to defire that he would 
 acquaint the houfe with the in- 
 formations he had received of the 
 perfons concerned in the riots at 
 jjofton ; the Governor aniwered, that 
 all his informations had been com- 
 municated by private converfations, 
 sind in fuch a manner, that he could 
 not m;:ke a public ufe of them at 
 prefent ; that he had never entered 
 into a formal enquiry, nor ever exa- 
 mined a {ingle witnefs, although he 
 had had offers made him of fome who 
 
 C U M E N T S. 107 
 
 would voluntarily fubmit to his exa- 
 mination, but that he declined it at 
 firft, becaufe the government could 
 not fupport itfelf in fuch a bufinefs, 
 and fmce, becaufe it appeared to him, 
 that the King and parliament did. not 
 defire fuch an enquiry mould be 
 made ; that he much doubted the 
 propriety of fuch an enquiry, now 
 having learnt enough to forefee, that 
 it would go too deep and fpread too 
 wide. But if the houfe mould de- 
 termine for fuch an enquiry, and 
 mould be in earneft in the profecutiou 
 of it, he mould think it the duty of 
 the Governor and council to affift 
 them in it, but he very much re- 
 commended it to the houfe, not to 
 make the indemnification dependant 
 upon, or fubjeft to the refult of the 
 enquiry If the houfe wants only to 
 confult their conftituents, they fhould 
 fix upon a fhort day to return and 
 defire the Governor to grant them- an 
 adjournment for that purpofe, and 
 time ; but if they only poftpone the 
 confideration of it to next feffions, 
 without giving any afTurance of their 
 intention to make an indemnification, 
 or deliring a fhort day to determine 
 upon it, it muft be confidered as a 
 prefent refufal, and they muft not 
 expeft that the Governor will move 
 this bufinefs to them any more, with- 
 out fpecial orders for it. This was 
 reported to the houfe, and the de. 
 liberation turned upon the giving fome 
 affurance of their making an indemni- 
 fication, when it was determined to 
 avoid giving the leaft hint of a certain 
 intention of making an indemni- 
 fication. 
 
 (D./. 1 06.) This is quite new: to 
 examine the force of this plea, it will 
 be neceflary to review the proceedings 
 on this fubjeft from the beginning. 
 
 On the day after the ruin of the 
 Lieutenant Governor's houfe, or ra- 
 ther on the fame day, the Lieutenant 
 Governor reprefented the affair to the 
 Governor in council, who thereupon 
 appointed a committee to eftimate the 
 P 2 damage; 
 
PRIOR DOCUMENTS. 
 
 damage ; as his lofs has been found 
 to be above three-fourths of the whole, 
 we may v,=ry well ftate the cafe upon 
 his inftance only. The Governor, by 
 the advice of the council, fmnmoned 
 the aliembly, and at the in fiance and 
 on the behalf of the fufferers, recom- 
 mended to the Houfeof Reprefentatives 
 to make them a compilation. The 
 houfe demurred upon it, but never 
 once objected to the fufferers applying 
 through the governor's mediation, 
 rather than immediately to the houfe 
 (E. /. 1 06.). In the next feffion, which 
 began the middle of January, nothing 
 was done for indemnifying the fuffer- 
 ers, and not one word of objection for 
 the fufferers rot having applied to the 
 houfe immediately, appears to have 
 been urged by :he houfe, though that 
 feffion iaf,e.i near two moiitns. In 
 the mean time the parliament got 
 hold of this matter, whether by pe- 
 tition or the fufferers, or on their ovvn 
 motion, ex delito jufiittcs, does not 
 appear. On the iait day of May, 
 being three days after the new af- 
 fembly had met, the Governor re- 
 ceived his orders from the fecretary of 
 flate, and communicated them to the 
 houfe on the 3d day of June. For 
 three weeks after this matter was 
 agitated, and there were three formal 
 debates had upon it, and as many 
 queftions put : there were two feveral 
 anfwers given to the governor, neither 
 of which mentioned any objection 
 arifing from the fufferers not having 
 petitioned the houfe, till after the Go- 
 vernor had fent his final meffage. 
 This new difficulty is introduced on 
 the laft day of the feffion, nine months 
 after the origination of this bufmefs, 
 and above three weeks after it came 
 recommended by his Majefty, at the 
 defire of parliament, and upon the 
 authority of this objection, the houfe 
 declare that they have done all at 
 preient that the King and parliament 
 can reafbnably expedt from them.. 
 P. . Since the writing the foregoing 
 obfervations, a letter has been 
 publimed in a Bofton newf- - 
 
 paper, wherein the writer eridea- 
 vours to mew, that the Governor's 
 urging the recommendation with 
 too great authority, was the caufe 
 of its not being complied with 
 Had they been difpofed to have 
 complied, they might have fepa- 
 rated the refolutions of the Houfe 
 of Commons and the fecretary of 
 flate's letter from the Governor's 
 fpeech, and given him to under- 
 iland, that it was the indulgence of 
 the former, and not the authorita- 
 tiveneis of the latter, which in- 
 duced them to comply with it. But 
 the difficulty with which that bu- 
 fmefs has hitherto laboured, and is 
 ever like to labour, is, that the 
 country thinks it mod reafonable, 
 that the charge ihould be borne by 
 the town only, and the town is for 
 flinging it upon the province in, 
 general. 
 
 Extratt of a Letter from Major. General 
 
 Gage to the Duke of Richmond. 
 
 [Received September 29.] 
 
 New-York, Auguft 25, 1766. 
 The nril battalion of the 6oth, or 
 royal American regiment, was order- 
 ed to Quebec, to replace the 28th 
 regiment, and the fecond battalion of 
 the 6pth, marched into the interior 
 country to relieve the polls there. 
 The 28th and 46th regiments ftaid in 
 the province, and one of them de- 
 flined in a little time for the province 
 of New Jerfey ; but the riots in 
 Dnchefs and Albany counties, occa- 
 fioned their being detain-ed in this 
 province. The number propofed for 
 this place, is to the amount of one 
 regiment compleat, and a company of 
 the royal regiment of artillery: But 
 it is proper to acquaint your grace, 
 that in my demand for quarters, it 
 was neceffary to manage matters fo, 
 that all the barracks here and at 
 Albany, mould be fupplied with 
 bedding and utcnfils, that the troops 
 who fhall march through this pro- 
 vince, which is the route to and 
 
 from 
 
PRIOR DO 
 
 from the province of Quebec, as well 
 as to and from the Upper Lakes, may 
 be hereafter comfortably lodged, in- 
 
 C U M E N T S. 109 
 
 her colonies refpecting their interefts, 
 and that whatever prejudices the on 
 muft neceffarily injure the other, and 
 
 ftead of lying on bare boards, which therefore earneftly hope, that no 
 
 they have frequently done. fymptoms of coldnefs or diflatisfaction 
 
 . on any ground whatever, will now 
 
 Copy of a Letter from Governor Pitkin to appear on the part of any of the color 
 
 Mr. Secretary Con-ivay 
 
 [Received Oftober 3 . ] 
 
 Hartford, Ccnnetiicut, Auguji ^ 1766. 
 
 6 I R, 
 
 J have the honour of your's of the 
 gift of March laft, directed to the 
 Governor and company of the colony 
 of Connecticut, in which I have the 
 
 nies, which may tend to interrupt 
 that harmony fo effential to the hap- 
 pinefs and future interefts of both 
 countries. That nothing of fo dif- 
 agreeable a nature appears in this 
 colony, I can with great pleafure 
 affure you every thing here wears the 
 face of decent joy and humble gra- 
 
 Jionour at prefent to prefide, and (hall titude. Nothing could add more to 
 
 take the earlieft opportunity to com- the great fatisfaction we feel for the 
 
 municate that and the feveral copies indulgence already Ihewn to us, than 
 
 of ads of parliament therewith, tranf- the aiiurance you are pleafed to give 
 
 mitted to the general aflembly of the 
 colony. 
 
 us, that the American Trade laws are 
 become the immediate object of par- 
 
 It is impoflible to exprefs or defcribe Hament, and that with equal magna- 
 tfye incredible joy with which the peo- nimity, clemency, and juftice, they 
 pie of this country, in general, as are determined to give to the trade 
 well as of this colony in particular, and interefts of America, every relief 
 received the moft agreeable news of which our real circumftances demand 
 the repeal of the ftamp-act, and or admit. This will be wifely to 
 whiclj they have expreffed by every perfect the good work fo happily 
 token of gladnefs that they could ex- begun, and to eftablifh the union and 
 hibit. All America have been wait- interefts of Great Britain and America 
 ing in the moft anxious fufpence for upon a bails that can never be ftiaken. 
 the deciiion of this great and moft in- The regulations upon the importation 
 ferciling affair, have efteemed it the of foreign molaffes and fugars, &c. 
 Very criiis of their fate, and are now are particularly grievous to this co- 
 full of the warmeft gratitude for the ] ny, whofe trade confifts chiefly of 
 grace and goodnefs manifefted to articles fit only for the Weft-India 
 
 market. Thefe regulations have, in 
 fact, been a principal means of our 
 
 juftice, and equity fo fignally dii- poverty and inability to difcharge our 
 
 played by his Majefty and parliament, debts with the American trader and 
 
 in repealing this ad, have filled us the Britiih merchant ; have really, in 
 
 with the fmce.eft joy, and the warmeft a manner, ftagnated all bufmefs among 
 
 tem. The magnanimity, mode- 
 ration and condefcenfion, the wifdom, 
 
 ientiments of the moft refpedtful gra- 
 titude to his Majefty and the par- 
 liament, and will, without doubt, 
 confirm us in the itrongeft difpofitions 
 to a fteady affectionate loyalty to the 
 
 us, and compelled the people, as far 
 as poffible, to denft from the purchafe 
 and confurnption of Britim manu- 
 factures. An alteration of the laws, 
 in this particular, would therefore 
 
 King, and the tendereft affection to give us a moft fenfible relief in our 
 
 our mother country. I am perfectly 
 fenfible of the indifibluble union that 
 
 there is between Great-Britain and faction. 
 
 prefent fituatiort, and be received 
 with the greateit gratitude and fatif- 
 
 I am 
 
,io P R I O R D O 
 
 I am particularly happy in being 
 able to acquaint you that no violences 
 or outrages upon private property have 
 been committed in this colony, for 
 which any compenfation can be ex- 
 pected or required. 
 
 By defire pf the general afTembly 
 (who were together when the intel- 
 ligence of the repeal juft arrived, but 
 are now enjoying a recefs), I have 
 Sgned and tranfmitted an humble ad- 
 lrefs to his Majefty, to exprefs the 
 fincere joy and gratitude of this cor- 
 poration upon this occafion, which I 
 Immbly hope his Majefty, of his pa- 
 ternal goodnefs and condefcenfion, 
 will be gracioufly pleafed to accept ; 
 and the colony will be greatly obliged 
 to you for giving it a regular and fa- 
 vourable introduction to the throne. 
 
 I have it alfo in charge to affure 
 you, that the colony has the deepeft 
 fenfe of gratitude to you, and all 
 ether of his Majeft/s minifters, for 
 the great and good part you. have 
 taken in this moil important affair : 
 The remembrance of your wife and 
 admirable conduct upon this occafion, 
 and of your tendernefs and concern 
 for the colonies, will continue here 
 t& the lateft pofterity, and your 
 srames be bleffed by millions in every 
 generation. I have the honour to be, 
 with, the greateft eft-em and reipect, 
 Sir,, your moft obedient and moil 
 tumble fervant, 
 
 (Signed) WILLIAM PITKIN, 
 T0 the Right Hon. H. S Connuay, 
 
 one of bis Maj fifty's Principal 
 
 Secretaries of foate. 
 ^ - 
 
 opy of a Letter from Governor Grant 
 
 to Mr. Secretary C oneway. 
 [Received Oflcber 24, 1766.] 
 St. Auguflinc, E aft -Florida, Au- 
 
 guft 21, 1766. 
 S I R, 
 
 I have had the honor to receive 
 your letter of the 31 ft of March, with 
 copies of two acts of parliament juft 
 paCed ; the firft, for fecuring the juft 
 dependance of the colonies upon the 
 
 C U M E N T S. 
 
 mother country ; the fecond, for the 
 repeal of the act of laft feffion, grant- 
 ing certain ftamp-duties in America, 
 and you are v pleafed to mention, that 
 you expect ftiortly to fend me a third 
 for the indemnity of fuch perfons as 
 have incurred the penalties impofed 
 by the act juft repealed, as fuch a bill 
 was then depending, and had made 
 a coniiderable progress in the Houfe 
 cf Commons. 
 
 Though there never was any dif- 
 turbance in this province on account of 
 the ftamp-act, yet every inhabitant 
 rejoices at the repeal of it, .aid nil of 
 rhem muft have the warm eft and moft 
 grateful jenfe of h ; s Maj-fty's paternal 
 care of his colonies, and of the lenity 
 and indulgence of parliament, and 
 will not, i daye fay, be wanting in a 
 dutiful and affectionate return to fuch 
 peculiar proofs of indulgence and af- 
 f( ction on the part of his Majefty and 
 his parliament. I am, &c. 
 
 JAMES GRANT. 
 
 Copy of a Letter from Governor Fryer* 
 to the Right 'on. H. S. Convuay. 
 
 [Recdv ed November 4. ] 
 BrunJ-~vick, North-Carolina, An" 
 
 guft 2, 1766. 
 S 1 R, 
 
 I had the honour of your letter of 
 the 3ift of March on the i3th of 
 Ju.i" : I got the council together the 
 2 8th of June, when I laid before 
 them your letter, and the two acts of 
 parliament inclofed : The one for fe- K 
 curing the juft dependency of the co- 
 lony on the mother-country ; the 
 other for the repeal of the act, grant- 
 ing certain ftamp-duties in America 
 as I had prorogued the general af- 
 fembly to the 3Oth of next October 
 before I had the honor of your dif- 
 patches, I confulted the council, if 
 the fervice of his Majefty, or the cir- 
 cumftances of the country, required a 
 more early meeting ; they were una- 
 nimous in opinion, that confidering 
 the great heats of this feafon of the 
 year* and the great fcarcity of pro- 
 
PRIOR DOCUMENTS. 
 
 vifions in the country, moil of the 
 members would be prevented from at- 
 tending the affembly, if called earlier 
 than it flood prorogued, and thofe 
 who did attend, muft -Tufter great pre- 
 judice by their abfrnce from their 
 plantations ; and, as the country was 
 in perfect tranquility, and the inha- 
 bitants returned to a chearful obe- 
 dience to the laws, they did not fee 
 his M .jefty's fervice required a more 
 early meeting of the affembly than the 
 30th of October. 
 
 I have the plea fee t inclofe you, 
 Sir, the addrefs of the borough of 
 Wilmington, on the fubject of the 
 repeal of the ftamp-acl, together with 
 my anfwer ; as alfo a letter fubicribed 
 by the mayor, and all the gentlemen 
 of Wilmington, in confequence of 
 my anfwer to their addrefs my reply 
 has wound up all jealoufies on both 
 fides : I have reafon to believe, that 
 the fenfe of thefe people are the 
 fentiments of the whole province, and 
 that we mall meet at Newburn all 
 in good humour. I am, &c. 
 
 WILLIAM TRYON. 
 
 Addrefs of the Borough of Wilmington 
 to Governor Try on. With his Anfwer. 
 la his Letter of Auguft 2, 1766. 
 North- Carolina, 
 
 To his Excellency William Try on, Efq; 
 Captain General, Governor, and Com- 
 mander in Chief, in and over the 
 Province of North-Carolina, &c. 
 
 The Addrefs of the Corporation ofWil- 
 
 S I R, 
 
 We, his Majefty's moft dutiful and 
 loyal fubjecls, the mayor, recorder, 
 aldermen and freeholders of the bo- 
 rough of Wilmington, beg, leave to 
 congratulate your Excellency on the 
 repeal of the American ftamp-act., and 
 on the happy profped of the union 
 and harmony thereby eitablifhed be- 
 tween the colonies and their mother- 
 country. 
 
 Permit us alfo to exprefs our moft 
 grateful acknowledgements to the fu- 
 preme legiilature of Great-Britain, 
 
 III 
 
 for their care and attention in 
 protecting the inhabitants of his 
 Miijefty's extenfive American domi- 
 nions in the enjoyment of that inefti- 
 mable bleffing, Liberty, and at the 
 fame tinrs releafmg them from a bur- 
 then they were unable to bear. 9 
 
 With hearts full of gratitude to the 
 beft of Kings, we affure your Excel- 
 lency, that we mail be ready at all 
 times to defend and protect his Ma- 
 jefty's perfon and government, and to 
 evince our inviolable attachment to 
 his illuftrious houfe, at the rifque of 
 our lives and fortunes. 
 
 We cannot help expreffing our con- 
 cern at the many reprefentations that 
 have been made to your Excellency, 
 of the tranfadtions of the inhabitants 
 of this borough, and feveral of the 
 adjacent counties, fmce the time of 
 the ftamp-act taking place : Permit 
 us to allure you, Sir, that it has ever 
 been onr conftant endeavour, as far 
 as our influence extended, to promote 
 the eafe and happinefs of your Excel- 
 lency's adminilh-ation. 
 
 MOSES JOHN DE ROSS.ET, Mayor, 
 Borough of Wilmington , June 26, 1766. 
 
 His Excellency's Anfwer. 
 To the Mayor, Recorder, Aldermen, and 
 
 Freeholders of the Borough of Wil- 
 mington. 
 Gentlemen, 
 
 It is with fatisfaction I receive your 
 congratulations on the repeal of the 
 aft of parliament, granting certain 
 {lamp-duties in America. 
 
 The grateful acknowledgments you 
 exprefs to the fupreme legislature of 
 Great Britain, for their care and at- 
 tention to the liberties of the inhabi- 
 tants of his Majefty's American do- 
 minions, and alfo your affection ate- 
 and inviolable attachment to his Ma- 
 jefty's facred perfon, family, and go- 
 vernment, as they are extremely grate- 
 ful to me, I mall, with a feniible 
 pleasure, tranfmit thofe warm fen- 
 timents of refpectful gratitude and 
 duty to his Majefty's principal fecre- 
 tary of ftate. 
 
 I truft 
 
H2 P R I O R 15 O 
 
 I truft that the moderation and un- 
 paralleled lenity fo remarkably ma- 
 nifefted by his Majeily and the parlia- 
 ment to the colonies, will difpofe the 
 inhabitants to that chearful obedience 
 to the legiflative authority of Great- 
 Britain, on which their future prof- 
 perity fo much depends ; fuch a con- 
 duct will prove the ftrongeft cement 
 for the moft firm and happy union 
 between the mother country and her 
 colonies. 
 
 I profefs, gentlemen, I am at a 
 lofs to anfvver that part of your ad- 
 drefs, wherein you mention mifrepre- 
 fentations having been made to me of 
 the conduct of the inhabitants of the 
 borough of Wilmington. I declare 
 what impreiTions I have conceived of 
 them, arofe from a behaviour that 
 came immediately under my own ob- 
 fervation. 
 Brutij^wicky 'June 26, 1766. 
 
 A true copy, taken from the ori- 
 ginal, this 2d of Auguft, 1766. 
 
 FOUNT. ELWIN, Priv. Sec. 
 
 Addrefs of the Mayor and Gentlemen of 
 Wilmington to Governor Try on. With 
 Its ^nfaver. In bis Letter, Aug. 2. 
 May it pleafe your Excellency, 
 
 S I R, 
 
 It is with extreme concern we have 
 obferved in your Excellency's letter to 
 the addrefs of the corporation of Wil- 
 mington, expreffions which may be 
 conitrued to charge that borough with 
 fome marks of intentional diirefpect 
 towards your Excellency a conduct 
 from the confcioufnefs of our hearts 
 we can with the greatcil juftice clif- 
 claim, and which, from a love of 
 order and a regard to decency, we 
 mould fmcerely condemn, not only as 
 inconfiftent with that dutiful affection 
 towards his Majeity's representative, 
 which we mail always endeavour to 
 cultivate, but with the grateful return 
 of fentiment which your perfonal me- 
 rit juftly claims. 
 
 If oppreffed by the late aft, fome 
 commotions of the country Teemed to 
 threaten a departure from moderation, 
 your Excellency, we hope, will not. 
 
 C U IVf E N T S. 
 impute thefe tranfactions to any other 
 motive, than a conviction that mo- 
 deration ceafes tp be a virtue, when 
 the liberty of Britim fubjects is in 
 danger ; but the greater the danger 
 was, the more reafon we have to ap- 
 plaud the honor and juftice of the 
 Britim parliament, whole prudent re- 
 folutions have relieved us from the 
 melancholy dilemma to which we 
 were almoft reduced. 
 
 From his Majefty, whofe heart ever 
 rejoices in the happinefs of his people, 
 we moil humbly and thankfully receive 
 this mark of attention to the diitreffes 
 of his American fubjects, and mall 
 always return his royal protection and 
 regard, with all the affection and 
 obedience of the moft loyal fubjedts of 
 a free kingdom, joined to that filial 
 duty and conftitutional connection 
 on which our future happinefs and 
 exiftence entirely depends. 
 
 Amidft the variety of difagreeable 
 events which the late commotions oc- 
 cafioned, we have with great indig- 
 nation obferved, in the Barbadoes 
 Gazette of the I9th of April, a pa- 
 ragraph as void of decency as it is of 
 truth, well affured, that your Excel- 
 lency's conduct has been always regu- 
 lated by no other motive than a ge- 
 nerous concern for the public good, 
 and that duty which you, Sir, and 
 we all owe to a fovereign ever intent 
 on the welfare of his people, fup- 
 ported by an ardent defire to promote 
 the particular happinefs of a pro- 
 vince committed to your charge. We 
 are, &c. (Signed by nineteen perfons.) 
 July 28, 1766. 
 
 Brunfauick, Auguft 2, 1766. 
 
 As your letter of the 28th of lafl 
 month has removed thofe aiperfions I 
 felt you had laid on my character in 
 your addrefs to me on the 26th of 
 June, I am now willing to forget 
 every impropriety of conduct any of 
 the iubfcribers, and the town of Wil- 
 mington, have Ihewn perfonaily to- 
 wards me in the late commotions. I 
 thank yon, gentlemen, for the tefti- 
 
 mony 
 
PRIOR DO 
 
 mony you give me of your appro- 
 bation of my general conduct, but my 
 acknowledgements are more exprefsly 
 due for the juitice you do me in fuch 
 part, of my conduct as has been tra- 
 duced by the Barbadoes Gazette of 
 the ipth of April laft. lam, &c. 
 
 WILLIAM TRYON. 
 ToMofes JobnDeRoJftt, Efq; Major, 
 
 and the Gentlemen of the Borough of 
 
 Wilmington. 
 
 Copy of a Leffer from Horatio Sbarpe, 
 Efq'y Deputy Governor of Maryland, 
 to Mr. Secretary Convoay. 
 
 [Receded November 7.] 
 
 Annapolis, June 2j, 1766. 
 S I R, 
 
 Having lately had the fatisfaction 
 to receive the letter you was pleafed 
 to favour me with the jift of March 
 laft, inclofing copies of the two acts 
 of parliament which had then pafTed ; 
 one for fecuring the juft dependency 
 of the colonies on the mother country; 
 the other for the repeal of the aft, 
 granting certain ftamp-duties in Ame- 
 rica, I now do myfelf the honour to 
 acknowledge my receipt thereof, and 
 alfo of the copy therewith tranfmitted 
 of the refolutions of the Houfe of 
 Commons, which, together with your 
 letter, I mall lay before the affembly 
 of this province as fcon as they meet, 
 which, however, cannot be before the 
 end of the fummer. As foon as copies 
 of the two above-mentioned acts of 
 parliament came to my hands, I caufed 
 them to be publifhed, and had the 
 fatisfaction to hear and fee that the 
 inhabitants of this province in general 
 were affected with a proper fenfe of 
 the moderation, forbearance and le- 
 nity of the Britifh parliament, lately 
 manifefted with refpect to the co- 
 lonies ; and I flatter myfelf they are 
 already d!fpofed to pay the mofl chcar- 
 ful obedience to the legiflative au- 
 thority of" Great-Britain, and all the 
 laws now exifting. Tranquility and 
 good order is now perfectly reilored 
 here, and the late diffractions will, I 
 
 C U M E N T S. 113 
 
 hope, foon be forgotten ; the refent- 
 ment fome time ago exprefled againft 
 the perfon that was appointed to 
 diftribute the flampt paper here, is in- 
 tirely fubfided, and he now reiides 
 and carries on- bufmefs in this place 
 to as great extent and advantage as he 
 did before his appointment. Such a 
 fudden alteration in the face of things, 
 and in the behaviour of the people, 
 encourages me to hope, that there ia 
 an end to all uneafmefs, difcontent 
 and murmurings, and am inclined to 
 think his Majelty's fubjects within 
 this province, will, for the future, be 
 more ftudious than ever, to demon - 
 flrate to our moft gracious fovereign 
 their loyalty, duty and gratitude, and 
 to the mother-country their thank- 
 fulnefs and affection. You may, Sir, 
 be afTured, that no endeavour of mine 
 mail be wanting to inilill and en- 
 courage fuch fentjments, and to ef- 
 fectuate what you are pleafed to re- 
 commend. I am, &c. 
 
 HORATIO SHARPE. 
 
 Governor Bernard's Letter to the Earl 
 
 of Sbelburne. 
 [Received December 29.] 
 
 Boftcn, November 14, 1766. 
 My Lordy 
 
 By my letter, dated July 19, I in- 
 formed your lordfhip, that if there 
 fhould be any opening for me to 
 expect that the houfe would act in the 
 bufmefs of the compenfation, in a 
 different manner from what they had 
 done, I mould not fail to avail myfelf 
 of it. I am, therefore, now to inform 
 your lordlhip of the fecond trial I 
 have made for getting this bufmefs 
 done, with the event of it, and, in 
 order to explain thefe proceedings 
 more fully, I muft beg leave to de- 
 lineate to your lordiKip the real dif- 
 ficulties which have prevented this 
 bufinefs being done, as they appear 
 very little in the journal of the houfe, 
 and pains have been taken that they 
 fhould not appear, although they are 
 notorious 
 
 Q_ 
 
PRIOR DOCUMENTS. 
 
 notorious to every perfon in the pro- 
 vince who thinks upon the fubjecl. 
 
 The riotous proceedings at Bofton 
 were generally abhorred by the bed 
 men in the province, and by much 
 the greater part of the common peo- 
 ple, and therefore wh n a compen- 
 fation to the fufferers was firft talked 
 of, it was the general opinion that it 
 ought to be made, but that it was 
 due from the town of Bofton only, and 
 not from the province in general. 
 This opinion was very prevalent when 
 Mr. Secretary Conway's letter, dated 
 3 1 ft of March arrived here on the laft 
 day of May ; and this was the reaibn 
 why the members for Bofton, contrary 
 to the real intereft of the town, de- 
 termined to oppofe the making a 
 compenfation even cut of the treafur . 
 In which way, if they had at that time 
 with their party joined the friends of 
 government, it might have been done 
 But they wreeapprehenfive that if the ' 
 money was ordered to be paid out of the 
 treafury, it would be then moved that 
 it mould be charged upon the town of 
 Bofton, which, as the tax-bill was to 
 be pafled at that time, might have been 
 done with the dam of a pen They 
 therefore refolving to oppofe the 
 granting the compenfation that fef- 
 fion, turned the whole buiinefs into 
 evafions and fubterfug&s, to give pre- 
 tended reafonsfornot complying, their 
 and to conceal the true one. The rea- 
 fons given, were, firft, that it was a 
 bufinefs of too much importance to 
 tranfa& without consulting their con- 
 ftituents ; fecondly, that the fuffercrs 
 had not applied to them in a par- 
 liamentary way, that is, by petition- 
 ing the houfe* 
 
 It was not long before they received 
 repeated advices, that the general 
 opinion in England was, that the 
 honor of parliament was engaged to 
 fee the compenfation made, and they 
 would certainly take it up where the 
 provincial afiembly refufed it. And 
 it was very obvious, that the par- 
 liament might inforcc the payment of 
 
 a fum of money from a fea-port town, 
 or from a maritime province, without 
 infringing any rule of right laid down 
 by the moft fanguine advocate for the 
 colonies, or even claimed by them- 
 felves in form. The people of Bofton 
 therefore began to be uneafy, that 
 this money was not paid a town 
 meeting was called, and inftrudions 
 were given to their members, to ufe 
 their utmoft endeavours to get the 
 money paid out of the treafury. This 
 was a iignal for me to call the af- 
 fembly, which 1 had kept prorogued 
 by fhort intervals, in order to take 
 hold of the firft fair opportunity that 
 offered, and I accordingly gave notice 
 that the aiTembly would meet at the 
 time it was then prorogued to. 
 
 In the mean time, one of the pre- 
 tences which had been made ufe of the 
 laft feflion, to excufe the granting the 
 compenfation, had an efFeft contrary 
 to what was expected, or at leaft not 
 forefeen. As the nectffity of con- 
 fulting their conftitucnts had been 
 made the pretence for poftponing the 
 bufmefs, the members in general 
 found themfelves obliged actually to 
 confult their conftituents in form, 
 which they would not have done other- 
 wife. This produced a number of in- 
 ftruclions againft paying the money out 
 of the treafury, which prevailed very 
 much among the reprefentatives of 
 towns, diftinguifhed for their attach- 
 ment to government, many of which 
 were fo pontive againft paying the 
 money out of the treafury, that many 
 members ftaicl away to avoid ap- 
 pearing againft government, and 
 others were" obliged to come fettered 
 with intlruclions to aft againft it. 
 Among thefe people, the general rca- 
 foning was, that as it was notorious 
 that the difturbances arofe entirely 
 within the town of Bofton, it was 
 not cnly unjuil that the whole province 
 ihould be charged with the damages 
 done by them, but if they were to 
 content to the payment out of the 
 treaftry, they ihould thereby acknow- 
 ledge 
 
PRIOR DOCUMENTS. 
 
 ledge themfelves to be partakers of 
 proceedings, of which they had al- 
 ways expreffed their deteftation and 
 abhorrence. This was urged parti- 
 cularly at the meeting at Salem, the 
 fecond town in the province, and al- 
 ways noted for its attachment to go- 
 vernment, which, however, its mem- 
 bers were not allowed to fupport upon 
 this occafion only. 
 
 Upon the meeting of the afTeinbly, 
 I determined to fay nothing that could 
 poifibly be perverted, and in general 
 to avoid interfering with the houfe in 
 any manner : I, accordingly made the 
 fp^ech which I herewith inclofe, in 
 full confidence that it could not re- 
 ceive a rude anfwer. I was foon in- 
 formed, that a majority of the houfe 
 had inftiudtions againft granting the 
 compensation out of the treafury, the 
 only method that could be propofcd 
 with any profpeft of fuccefs. The 
 grant was ftrongly urged by the mem- 
 bers for Bofton, in which they were 
 fupported by feme of the ableft friends 
 of government, and oppofed by only 
 one man of ability, who in that in- 
 fiance feemed to be infatuated. The 
 argument was entirely on the fide of 
 the compenfation, and was much af- 
 iilbd by the examination of fome gen- 
 tlemen from England, to mew the af- 
 furances which had been given by the 
 friends of the colonies, that this com- 
 p-.-nfation would be chearfully made, 
 .and the almoft certain probability that 
 the parliament would not acquiefce in 
 the refufal of it, but the bad weight 
 of the inllruftions could not be got 
 over, although there was a general 
 conviction throughout the houfe, that 
 the compenfation ought to be matte. 
 I mult again repeat, that the Bollon 
 members exerted thcmielves for the 
 queffion in this feilion, as much as 
 they did againft it in the laft, but 
 they were defeated by their former 
 machinations, otherwifs I believe it 
 would have been carried without a 
 divifion. 
 After a litigation of a fortnight, in 
 
 which the queftion was put in different 
 forms two or three feveral times, and 
 loft by no great majority, this ex- 
 pedient was hit upon : That they 
 mould bring in a bih for compenfating 
 the fufFerers, in which the fums fhould 
 be afcertained (the mifreport of which 
 was fuppofed to have hurt the caufe), 
 and alib for indemnifying the rioters, 
 and that the bill mould be printed for 
 the confideration of the conftituents, 
 and the governor mould be defired to 
 grant a recefs for that purpofe This 
 parted with little or no oppofition, and 
 a bill was accordingly brought in and 
 printed, and a meflage was fent to 
 me accordingly Two hours after this 
 I received your lordfhip's letter : I im- 
 mediately communicated it to both 
 houfes, and gave the houfe of repre- 
 fentatives time to confider of it, which 
 was only (rent in fruitlefs altercations, 
 without any attempt torefum'e the bu- 
 fiuefs : I .therefore adjourned the ge- 
 neral court for three weeks, being the 
 earlieft clay I could appoint. I inclofe 
 copies of the mefTage to me, and my 
 fpeech upon the adjournment. 
 
 After the adjournment had pafTed, 
 and before I had left the chair, it was 
 obferved in the council, that the 
 houfe had not ordered your lordftiip's 
 letter to be printed, as it is ufual to 
 do in cafes where fuch publication is 
 like to facilitate^ the bufmefs recom- 
 mended. It was therefore moved, 
 that the governor be defired to order 
 the letter to be printed, as it would 
 tend very much to conciliate the 
 minds of the people to the compen- 
 frtion, and to remove the ill-humour 
 pje vailing among them. This having 
 the unanimous voice of the council, I 
 aficnted to, being fully of the fame 
 opinion. I mull beg your lordmip 
 w.-ll let the occafion apologize for my 
 taking this liberty, if there fhould be 
 i impropriety in it, which at prefent 
 1 do not fee, as theie kind of pub- 
 lications are not uncommon in this 
 government. I am, Sec. 
 
 FRANCIS BERNARD. 
 Q_2 The 
 
PRIOR DOCUMENTS. 
 
 "The Speech of tie Governor of Majfy- 
 fkujett's Bay, Oclober 20, 1766 
 The Anfiuer of the Hcufe, Nov. 1 2 
 The Speech of the Governor, Nov. 
 13 In his Letter of the i^th of No- 
 vember, 1766. 
 
 His Excellency's Speech to both Houfes of 
 AJJembly at the opening of the SeJJion. 
 Gentlemen of the Council, and Gentle- 
 men of the Houfe of Reprefentaiives. 
 I have thought proper to call you 
 together, that you may have an op- 
 portunity to give a pofitive anfwer to 
 what 1 recommended to you by order 
 of his Majefty laft feflion, as it will be 
 expecled of me that it will be reported 
 to his Majefty before the opening of 
 the buiinefs of the next year, and I 
 heartily wifli that it may be fuch as 
 will anfwer the expectations and de- 
 fires of your friends in Great-Britain, 
 For my own part, I mail, upon this 
 occafion, as upon all others, make 
 the beft ufe of the means you mall put 
 in my hands, to promote the honor 
 and reputation of the province. 
 
 As you are called together for this 
 fcufinefs only, when it is finimed, I 
 iliall have no objection to your return- 
 ing home, until the ufual time of 
 opening the winter feffion. 
 Council-Chamber. FR*. BERNARD, 
 
 The following is an anfwer of the 
 Honourable Houfe of Reprefentatives 
 to his Excellency the Governor's 
 jfpeech at the' opening of the feffion. 
 
 May it pkafe your Excellency, 
 Your fpeech to both houles at the 
 opening of the prefent feiTion, has 
 been repeatedly under the moil de- 
 liberate confideration of the lioufe of 
 reprefentatives. 
 
 It was indeed, Sir, with great re- 
 luctance, that the houfe found them- 
 felves under the necefiity of having 
 recourfe to your former fpeech and 
 inefTage upon this occafion, but ?^ 
 you are pleafed to refer us to them, 
 without faying imy thing to qualify 
 them, the houie cannot help ob- 
 fcrving, that the manner in which 
 
 your Excellency has repeatedly pro- 
 pofed a compenfation to the fufferers, 
 has been derogatory to the honor of 
 the houfe, and in breach of the pri- 
 vileges thereof: that the terms you 
 have made ufe of, have been ef- 
 fentially different from thofe dictated 
 to you by his Majefly's exprefs com- 
 mand, fignified in a letter from his 
 fecretary of ft ate that they tended to 
 weaken the inherent uncontroulable 
 right of the peopk to difpofe of their 
 own money to fuch purpofes as they 
 mail judge expedient, and to no 
 other : and that under thefe appre- 
 henfions, it is not improbable foineof 
 the towns may have framed their 
 inftru&ions to their reprefentatives 
 againft a compenfation out of the 
 public treafury. 
 
 The houfe, however, with the moft 
 dutiful and profound refpecl, have at- 
 tended to his Majefty's moft gracious 
 and mild recommendation, and ob- 
 ferve. that it is his pious and bene- 
 volent intention, that not only a 
 compenfation mould be made to the 
 fufferers in the late times, but alfo 
 that a veil be drawn over every dif- 
 graceful fcene, and to forgive, and 
 even to forget the undutiful behaviour 
 of any of his fubjecls in thofe un- 
 happy times. 
 
 Confirmed in the opinion that an 
 indemnification of the offenders is of 
 equal importance and neceffity with 
 the making compenfation to the fuf- 
 ferers, and being ever ready with the 
 utmoft chearfulnefs, to unite their en- 
 deavours, in promoting the wife and 
 moft gracious purpofes of their right- 
 ful fovereign, in conformity to the 
 fpirit of Mr. Secretary Conway's let- 
 ter, the houfe have framed a bill, in- 
 titled, " An Act for granting Com- 
 penfation to the Sufferers, and ge- 
 neral Pardon, Indemnity and Ob- 
 livion, to the Offenders in the late 
 Times." 
 
 This bill they have ordered to be 
 
 publiihed for the confideration of the 
 
 feyeral towns, and humbly pray your 
 
 Excellency 
 
PRIOR DOC 
 
 Excellency would pleafe to give 
 them a recefs for that purpofe. 
 
 His Excellency the Governor's 
 
 U M N T S. 117 
 
 A bill intitled, fc An Aft for 
 granting Compenfation to the Suf- 
 ferers, and of free and general Pardon, 
 Indemnity and Oblivion to the Of- 
 
 ;fpeech at the adjournment of the fenders in the late Times. 
 
 court, Nov. 13, 1766 
 
 Gentlemen of the Houfe of Reprs- 
 fentativei, 
 
 In the letter of the Earl of Shel- 
 burne, which I laid before you, you 
 have a fecond teilimony from another 
 
 Whereas the King's njoft Excellent 
 Majefty taking into his gracious and 
 ferioas confideration, the troubles, 
 difcords, infurreftions, tumults, and 
 riots which have lately happened in 
 America, and that divers of his fub- 
 
 of his Majefty's {ecretaries of ftate, of jecls have thereby fuffered greatly in 
 
 their property, and others by occa'fion 
 thereof, and otherwife, have fallen 
 
 with 'which I have conducted myfelf into, and are obno 
 
 the tendernefs and affection towards 
 the people under my government, 
 
 great 
 
 during the late difputes, and there- pains and penalties, out of a hearty 
 fore, I mall make no other anfwer to and pious defire that fuch fufferers be 
 the ungenerous infinuations in your 
 meffage of yefterday, than by re- 
 
 compenfated, and to put an end to 
 all iuits, controverfies and profe- 
 ferring to your own journals, from cmicns, that by occafion of the late 
 
 -11 "i 1-- x.L -A 
 
 whence it will evidently appear, that diftradtions have arifen, or may arife 
 
 it is from among yourfclves, and not 
 from me, that the difficulties which 
 have prevented your making a com- 
 penfation to the fufferers have arofe. 
 
 I am very forry that you have not 
 already complied with what has been 
 recorn mended to you, but it is fome 
 
 between any of his Majefty's fubjecls, 
 and to the intent that a veil be drawn 
 over the late unhappy excefles, has 
 been pleafed gracioufly to fignify his 
 defire to forgive and forget them, at 
 the fame time of his abundant cle- 
 mency, recommending a compen- 
 
 fatisfaclion to me, that you have laid fation to the fufferers in their pro- 
 a foundation for compleating this bu- perty, with fuch a conduct in ge- 
 fmefs, which I hope will not fail of neral, as ihall be at this great crifis 
 fuccefs. The importance of the affair, the belt means of fixing the mutual in- 
 and the haily approach of the new 
 year, will not allow the lofs of a day 
 which can be faved, and therefore I 
 ihall make the recefs which you defire 
 
 as mort as pofiible ; and that you 
 
 tereft and inclination of Great Britain 
 and her colonies, on the molt firm 
 and foiid foundation- 
 
 From a grateful fenfe of his Ma- 
 jefty's grace and clemency, in order 
 
 may do the bufmefs with as much to promote internal peace and fafety, 
 credit to yourfelves as may be, I {hall to make compenfation to the faid iuf- 
 continue the fefiion until you can come ferers, and as a means, fo far as in 
 
 to a final determination. 
 Council-Chamber. FRA S . BERNARD. 
 
 Copy of a Bill for granting Com- 
 penfation to the Sujflrers* &c. In 
 
 our power, of demonilrating to all the 
 world, our fenfe of the happinefs we 
 enjoy, in being a part of the Britila 
 empire, and intitled to the rights, 
 liberties, and privileges of Britiih fub- 
 
 Governor Bernard's of the i^tb cf jecls, we his Majefty's moil dutiful 
 
 and loyal fubje&s, the reprefentatives 
 of the commons in this province, in 
 the great and general court aflcmbled, 
 of our free and good wil!, have re.- 
 
 1766. 
 
 The following bill now depending in 
 the Houfe of Repreientatives, is 
 publiihed by their orders, for the 
 
 confideration of the feveral towns folved to give and grant, and pray 
 
 in thi 
 
 provmce. 
 
 that it bj enacted. 
 
 And 
 
PRIOR DOCUMENTS. 
 
 An4 be it accordingly enacted, by 
 the Governor, council, and houfe of 
 reprefentatives, that there be granted 
 and paid out of the public treafury of 
 this province, to the Hon. Thomas 
 Hutchinfon, Efq; the fum of .3194 
 17*. 6d. 
 
 To the Hon. Andrew Oliver, Efq; 
 the fum of ..172 4-f. 
 
 To Benjamin Hallovvell, jun. Efq; 
 the fum of ^385 6s. ioJ. 
 
 To William Story, Efq; the fum of 
 -6j Ss. ibdf.in full compenfation for 
 their lories and fufferings in the late 
 times of confufion. 
 
 And be it further enacted, that a|l 
 riots and unlawful aflemblies, coun- 
 celledy commanded, acted, done, or 
 made within this province" between 
 the i ft day cf Auguit, 1765, and the 
 III day of May, 1766, and all bur- 
 glaries, felonies, arrd breaches of the 
 peace whatsoever, committed in, by, 
 or during fuch riots, routs, and un- 
 kvv'ful aflemblies, be, and hereby are 
 pardoned, releafed, indemnified, dif- 
 chnrged, and put in utter oblivion, 
 and that all and every the perfon or 
 perfons, acting, advifuig, affiiting, 
 abetting and ccunfelling, the "'fame 
 be, and are hereby pardoned 4 re- 
 leafed, acquitted, indemnified and 
 cHfcharged from the fame, and of, 
 and from all pains of death, and 
 ether pains, judgments, indictments, 
 convictions, penalties and forfeitures, 
 theretofore had or given, or that might 
 accrue for the fame, and that all 
 fuch indictments, convictions and for- 
 feitures, are hereby declared null and 
 void. 
 
 And be it further enacted, that any 
 perfon indicted or preientec 1 , or in 
 any manner profecuted, or that mall 
 or may be hereafter indicted, prefent- 
 cd, or in any manner profecuted, for 
 any of the offences by this aft pardon- 
 ed, may plead the general iiTue, and 
 give this aft in evidence, which mall 
 be fufricient to acquit him. 
 
 Provided that nothing in this aft 
 contained-, mall extend to the par- 
 doning, or give any benefit whatever 
 
 to any perfon who is, or may be un- 
 lawfully fofTeiTed of any goods or 
 chattels, taken or ftolen from any 
 perfon, unlefs" the pofieffor mail, 
 within thirty days after the publication 
 of this aft, have furrendered and de- 
 livered them up to the owner. 
 
 Provided. alfo, that nothing in this 
 aft mall extend to the barring any 
 civil action of trefpafs for damages 
 fuilained by any perfcn, not corn- 
 pen fa ted by this aft. 
 
 Extraft cf a Letter from Governor 
 Ward to the Earl of Shetburne 
 \Recst<ved January 21, 1767.] 
 Newpcrt, Rlwde-IJland, Nov. 6, 1766. 
 Tne military irores and provifions 
 furnifhcd by ths colonies in the year 
 17^6 for the provincial troops, were 
 by dire&ions from the Eari of Lcudon, 
 commander in chief of his Majelty's 
 forces in North-America, taken into 
 the King's magazines, and the co- 
 lonies were, on the behalf of the 
 crown, promifed payment for them. 
 The other colonies, upon prefenting 
 their accounts, received the money 
 accordingly ; but this colony unhap- 
 pily neglecting to tranfmit their ac- 
 counts (amounting to .42 1 1 iqs.jd.} 
 in fsafon, an objection arole when 
 they were prefented, to the payment of 
 them, and they were, referred to the 
 then fecretary at war and pay-mailer 
 general, who propofea a deduction of 
 /. 1209 Z4-r. Thus the matter reited 
 for feveral years, when the agent for 
 this colony was introduced to renew 
 his application for payment of thofe 
 accounts ; upon which, they were 
 again referred to the fecretary at war 
 and the pay-maiccr in general, who 
 after fome further deduction, reported 
 " that there was due and payable to 
 the colony, ^.2672 i Ss. i\d," which 
 fum the colony expected die agent 
 would foon have received, but in his 
 laft letter he informs me, that upon 
 application for the money, he re- 
 ceived a pcfuive anfwer from the lords 
 of the treafury, " That as a requisition 
 
PRIOR DOCUMENTS. 
 
 was gone from the crown to the colony, 
 the treafury-board thought fit to fuf- 
 pend the payment of the money, until 
 an anfxver came from the colony re- 
 lating to that requifition." The ge- 
 neral affembly, upon receipt of this 
 letter, requefted me to lay the matter 
 before his Majefty's principal fecretary 
 of irate for this department, and I 
 have accordingly given your loramip 
 this fhort account of the affair. 
 
 I beg leave to obfcrve to your Icrd- 
 fhip, tn.it this colony really paid t..e 
 whole fum charged for the fcveral Ar- 
 ticles in their accounts, fo that if the 
 fum reported to be due be p: .Id, they 
 will fufier an actual lofs cf upwards of 
 I 500 pounds, bcfides the damage rhey 
 have fuftained, by beir.g kept oat of 
 the money ten years- intereft for 
 which, they have paid ever fince at 
 the rate of ten per cent, per annum. 
 
 This colony, my lord, lunounded 
 on all fides by the MaffachufetVBay, 
 Connecticut, and the fea, and not 
 expofed to the attacks of the enemy 
 upon this continent, were animated 
 folely by a zeal v for his Majefty's 
 fervice, and the honour and dignity 
 of his crown, to exert them {"elves in 
 the common caufe of Biitain and 
 America, in fuch a manner as to 
 merit and receive the approbation of 
 his Majeity'- Minilters and Generals, 
 and fo far beyond their ability, that 
 they are now actually involved in a 
 moft heavy debt, for which, by reafon 
 of the fcarcity of money, they have 
 been, and lor years to come, will be ob- 
 liged to pay a very high intereft. From 
 thefe confederations) the detention of 
 the balance reported to be due, occa- 
 fions great unealineis, andisconfidered 
 as a peculiar hardship by his Majefty's 
 loyal iubjecls in this colony The 
 more efped.il!y, as ail the other co- 
 lonies have long fince received the 
 monies due to them upon the fame 
 account. 
 
 I rnuft alfo beg leave to fiibmit to 
 your lordlhip, whether this fufpenfion 
 of payment may not be coniidered 
 
 rather as a mode of compelling the 
 colony to grant monies to the perfons 
 who have luffered, than as a recom- 
 mendation of the fufferers, whether it 
 will not have a manifeft tendency to 
 difcourage the colonies from exerting 
 themfelves in the fame vigorous man- 
 ner for h : s Majefty's fervice for the 
 future, and whether, confidering his 
 Majefty's inviolable and tender regard 
 for the rights and privileges of all his 
 fubjedts, a meafure fo coercive can be 
 iuppofed agreeable to his royal in- 
 tentions. 
 
 I am alfo, at the requeft of the ge- 
 neral affembly, to allure your lord- 
 Ihip, that the opinion that the rioters 
 in this colony were countenanced in 
 their depredations by any perfon of 
 note or confequence, is fo far as the 
 members of the affembly have any 
 knowledge or information thereof, 
 entirely groundlefs, and that when 
 the fufferers mall make a proper ap- 
 plication to the affembly, they will 
 confider the fame, and do them all 
 the juftice the nature of their cafes 
 mall require. 
 
 Extract cf a Letter from Sir Hcwy 
 Moore to the Earl of Shelburne. 
 [ Received February 4, f 767 . ] 
 
 New-York, Dec. 19, 1766. 
 " The letter which I had the honour 
 of receiving from your lordlhip, dated 
 the 9th of Auguft, was laid before 
 the houfe of affembly the i^ih of laft 
 month, accompanied by a meffage. 
 
 " Yefterday the inclofed addrefs 
 was prefented to me in anfwer to my 
 meffage." 
 
 Ccpy of Governor Sir Henry Moore's 
 MeJJage^ to the General AJ/embly cf 
 New -Fork. In his Letter of the ityh 
 of December, 1766. 
 
 Nov. 17, 1766. 
 
 Gentlemen of the General Affembly , 
 
 In confequence of a report made to 
 
 the Lords Commiffioners for Trade and 
 
 Plantations, of the aft paffed in the 
 
 laft feffions. of affembly, for providing 
 
 barracks, 
 
PRIOR DOCUMENTS. 
 
 120 
 
 barracks, fuel, &c. for his Majefty's 
 troops quartered in this city, and my 
 letter to the fecretary of (late on the 
 fame occafion, I have had the honour 
 of the following letter from the Earl 
 of Shelburne. 
 
 [Heri fallows his Lord/hip'** Letter of 
 the yth ofJugu/f, 1766 fie p. 92.] 
 
 I flatter myielf, that on a due con- 
 fideration of this letter, no difficulties 
 can poffibly arife, or the leaft objeclion 
 be made to the proviliori fcr the troops, 
 is required by the ac't of parliament, 
 
 Fort George, H. MOORE. 
 
 Nov. 17, 1766. 
 
 Addrtfi of the General A JJemlly of New-* 
 York to Sir Henry Moore In his 
 Letter of December 19, 1766. 
 o his Excellency Sir Henry Moore, Bart. 
 Captain-General and Governor in 
 Chief, in and ever the Colony of 
 New-Tcrk, and the Territories de- 
 pending thereon in America, Chan- 
 cellor and Vice Admiral of the fame. 
 *The humble Addrcjs of the General Af- 
 
 fembly of the j aid Colony. 
 May it pis cfe your Excellency <, 
 We his Majefty's moft dutiful and 
 loyal fubjedls, the general afTembly of 
 the colony of New-York, have taken 
 your Excellency's meflage of the i7th 
 of November laft into our moil ferious 
 confidcration, and b?g leave to afture 
 your Excellency, that nothing would 
 give us greater pleafure, than to find 
 it in our power to comply with every 
 requifition, tending in any manner to 
 promote his Majelly's fervice- It is, 
 therefore, with great concern, that 
 we find it impolLble to comply with 
 what is ncv.v demanded, confident 
 with our obligations to our con ill- 
 tuents. We {hall always be ready to 
 give the ampleit tcfbi.nony of our 
 loyalty to his Majefty, and fubmiilion 
 to his government, from whi.h we 
 humbly conceive we do net deviate, 
 when we mew a regard to the intereih 
 of his faithful fubje&s in this colony, 
 abfolutely neceffary for their pre- 
 fervation. 
 
 We hope it will be confidered, that 
 we are chofen to make fuch a pro- 
 vifion for the fupport of his Majefty's 
 government in this colony (as well as 
 for other important purposes) as is 
 moft fuitable to the circurnftances of 
 the people we reprefent, and that we 
 mould be guilty of a breach of that 
 molt facred trurt, if we mould bad 
 them with burthens they are inca- 
 pable of lupporting. 
 
 In the provifioa we made laft feiliott 
 for quartering two battalions and one 
 company of artillery, we loaded our- 
 felves with a burthen much greater 
 than any of the neighbouring govern- 
 ments lie under for that fcrvice, and 
 imagined, that far from being cen- 
 fured on that account, it would be 
 accepted as a new inftance of that 
 loyalty and aiFe&ion to his Majefty's 
 government, of which this colony has 
 exhibited fo many proofs. 
 
 We beg leave further to reprefent to 
 your Excellency, that by the aft of 
 parliament, it appears to be the in- 
 tention of the legiflature, to provide 
 for the quartering foldiers only on a 
 march : But according to the con- 
 ftruclion put on it here, it is required 
 that all the forces which mail at any 
 time enter this colony, mall be qua;-- 
 t,::eJ, during the whole year, in a 
 
 very unufual and expenfive manner 
 
 That by the marching feveral regi- 
 ments into this colony, this expence 
 would become ruinous and unfup- 
 portable, and therefore we cannot, 
 confident with our duty to our con- 
 IHtuents, put it in the power of any 
 perfon (whatfoever confidence we may 
 have in his prudence and integrity) to 
 lay fuch a burthen on them. 
 
 We fhould be very forry to differ 
 with your Excellency on this, or any 
 other political fubject, and therefore 
 it is proper to offer thefe matters to 
 your consideration, in hopes that they 
 will be fufncient to demonftrate, that 
 the objections againft making the pro- 
 vifion required, are of a nature the 
 
 moll 
 
PRIOR DOCUMENTS. 
 
 inoft ferlous and weighty imaginable, 
 and therefore we humbly intreat your 
 Excellency to fet.our conduft in the 
 molt favourable, that is, in its true 
 light, by reprefenting that our non- 
 compliance on this occalion proceeds 
 intirely from a juft fehie of what our 
 duty requires. By order of the Ge- 
 neral AfTembly. 
 
 Memfy-CbamBtr, W. NICOLL, Sp r . 
 December 15, 1766. 
 
 Extratt of a Letter from Governor 
 
 Franklin to the Earl of Sbelburne. 
 
 [Received February 4, 1767]. 
 
 Burlington, Nc^w-Jerfey^ 
 
 December 18, 1766. 
 I mould mention, however, that in 
 tae " aft for fupplying the feveral 
 barracks creeled in this colony, with 
 furniture and other necefTaries for ac- 
 commodating the King's troops, in 
 or marching through this colony," 
 they have, inftead of fpecifying the 
 feveral articles required to be fur aimed 
 by the ad of parliament, empowered 
 the barrack mailers to provide f{ fire- 
 wood, bedding, blankets, and fuch 
 6ther neceflaries, as have been. here- 
 tofore ufually furniihed to the feveral 
 barracks within this colony." I did 
 ull I could to prevail on them to 
 infert the very words of the aft of 
 parliament, and to impower the bar- 
 ra- k- mailers to furnifh, at the expence 
 of the province, the fame articles as 
 were therein required : But it was to 
 no purpofe ; they faid they had al- 
 ways furniihed every thing which was 
 neceffary that the officers and fol- 
 diers who had been quartered here, 
 never complained, but, on the con- 
 trary, many of them acknowledged 
 they were better accommodated here 
 than they had ever been at barracks 
 hi Europe ; they added, that they 
 looked upon the ad of parliament for 
 quartering foldiers in America, to be 
 virtually as much an aft for laying 
 taxes on the inhabitants as the ftamp- 
 aft, and that it was more partial, as 
 fche troops were kept in a few of the 
 
 121 
 
 colonies> whereby others were ex- 
 empted from contributing any thing 
 towards the expence. I was therefore 
 obliged to take the at as it was ten- 
 dered> or to let his Majefty's troops 
 remain unprovided with nccefTaries 
 I have, however, the pleafure of 
 finding the regiment Rationed in this 
 province perfectly fa^isfied with their 
 quarters No complaints whatever 
 have been made to me, and I believe 
 there are but few, if any articles of 
 confequence, required by the aft of 
 parliament, but what they arc fur- 
 niihed with here. 
 
 Copy of an Aft paj/ed in Neiv-Jerfey, 
 appointing Commiffioners for fupplying 
 the federal Barracks erefted in this 
 Cclcny, with Furniture and other 
 Necrjfaries for accommodating the 
 King's Troops, in or marching through 
 that Colony, &c. In Gov. Frank- 
 lins Letter of the i8/ of December , 
 1766. 
 
 " An Aft, appointing Commiflioners 
 for fupplying the feveral Barracks 
 erefted in this Colony, with Fur- 
 niture and other Neceflaries for ac- 
 commodating the King's Troops, 
 in or marching through this Co- 
 lony, and for defraying other in- 
 cidental Charges." 
 
 I. Whereas by an aft of* the le- 
 giflature of this colony, paiTed in the 
 fifth year of his prefent Majeily's 
 reign, certain commiilioners therein 
 named, were impowered and required 
 to fell all the periihable furniture be- 
 longing to the feveral barracks in this 
 colony, and as it is requifite that the 
 faid barracks mould be provided with 
 blankets, beds, and orher neceiTaries 
 for the reception of the King's troops 
 as may occaiionally march through 
 this colony ; Therefore 
 
 II. Be it enafted, by the Governor, 
 Council, and General AiTembly ; and. 
 it is hereby enafted by the authority 
 of the fame, that Daniel Eilis, Jofeph 
 Hollir.gfliead, Abraham Kunt, Alex- 
 ander Chambers, Hendrkk Fifher, 
 
 R Reuben 
 
PRIOR DOCUMENTS. 
 
 122 
 
 Reuben Runyon, Samuel Sarjant, 
 Thomas Skinner, Robert Ogden, and 
 John Blanchard, be, and they are 
 hereby appointed commiffioners for 
 the feveral barracks in this colony, 
 that is to fay, Daniel Ellis and Jofeph 
 Hollingfhead for the barracks at Bur- 
 lington, Abraham Hunt and Alex- 
 ander Chambers for the barracks at 
 Irenton, Hendrick Fimer and Reu- 
 ben Runyon, for the barracks at 
 New Brunfvvick, Samuel Sarjant and 
 Thomas Skinner, for the barracks at 
 Perth Amboy, Robert Ogden and 
 John Blanchard, for the barracks at 
 Elizabeth Town. 
 
 III. And be it further enacted, by 
 the authority aforefaid, that it mall 
 and may be lawful, for the faid com- 
 mifiioners, and the furvivors of them, 
 at each refpe&ive place aforefaid, for 
 which they are appointed commif- 
 fioners as aforefaid, and they and the 
 furvivors of them are hereby im- 
 powered to purchafe firewood, bed- 
 ding, blankets, and other necefTaries, 
 as have been heretofore ufually fur- 
 nilhed to the feveral barracks within 
 this colony, and it mall, and may be 
 lawful for either of the treafurers of 
 this colony, 'to pay to the (aid Daniel 
 Ellis, Jofeph Hollingftiead, Abraham 
 Hunt,. Alexander Chambers, Hen- 
 drick Fiftier, Reuben Runyon, Sa- 
 muel Sarjant, Thomas Skinner, Ro- 
 bert Ogden, and John Blanchard, 
 or any two of them, fach fums 
 of money as may be wanted for 
 the fervice aforefaid, not exceeding 
 the fum of one hundred pounds, 
 for the ufe of each of the faid 
 five barracks in this colony, out 
 of the money made current for the 
 fervice of ..he late war, or now in the 
 treafury, and orders with a receipt 
 thereon, or receipts figned by the 
 aforefaid commiflioners, or any two 
 *>f them, when produced by the faid 
 treafurers, or either cf them, to the 
 General AfTembly, {hall discharge the 
 faid treafurers refpeftively, their heirs, 
 executors^ and admin .lira tors, of, and 
 
 from fo much as they mall have paid, 
 by virtue of this at, and the faid 
 commiiTioners, their heirs, executors, 
 and adminiftrators, are hereby made 
 accountable to the General AfTembly 
 of this province, for all fuch fums of 
 money as they mail refpedively re- 
 ceive in purfuance of this adl. 
 
 IV. And be it enacted, by the autho- 
 rity aforefaid, that the commiffioners 
 aforefaid, and the care of the feveral 
 barracks within this colony, mall be 
 under the fame regulations as in, and 
 by the aforefaid recited aft, is re- 
 quired and directed. 
 
 V. And whereas it ts reafonablc 
 that fundry incidental charges of this 
 colony mould be paid ; be it enacted, 
 by the authority aforefaid, that there 
 be paid out of the public monies, now 
 in the hands of the treafurers of this 
 colony, the fums following ; viz. 
 
 To the Hon. John Stevens, Efqj 
 two pounds, {even {hillings, and four- 
 pence, for fending an exprefs into this 
 colony to inform the inhabitants of a 
 large fum of counterfeit Jerfey bills 
 of credit, being arrived in a veffel 
 from England. 
 
 To the perfons who apprehended 
 John Johnfon, John Fagan, and John 
 Grimes, the fum of thirty pounds, to 
 be paid to Benjamin Davids and John 
 Robins, and appropriated in manner 
 following ; to wit : To Benjamin 
 Davids, for his activity in taking and 
 erxpences in carrying the felons to 
 gaol, the fum often pounds: To 
 John Robins, for his extraordinary 
 activity, the fum of fix pounds the 
 remainder of {aid thirty pounds to be 
 paid to the other perfons concerned in 
 fearching for, and fecuring the faid 
 felons, in fuch proportion as the faid 
 Benjamin Davids and John Robins 
 {hall adjudge the fame. 
 
 To Cortland Skinner, Efq; two 
 pounds, ten {hillings, for an exprefs 
 to New- York during the fitting of 
 this feffion. 
 
 To John Allen, late barrack-mafter 
 at Irenton, in full of his account, 
 
 thirty* 
 
PRIOR DO 
 
 thirty-nine pounds, feventeen fhil- 
 lings, and nine-pence. 
 
 All which faid fevcral fums laft 
 mentioned, lhall be paid to the 
 Several perfons by the treasurers of this 
 colony, or either of them, on war- 
 rants to be produced to them, or 
 either of them, figned by the Go- 
 vernor, or ccfmmander in chief for 
 the time being, in council, and the 
 warrants fo figned, with indorfe- 
 ments thereon, made by the perfons 
 to whom the fame lhall refpeclively 
 be made payable, mail be fufficient 
 vouchers to difcharge them the faid 
 treafurers, or either of them, and 
 their, or either of their heirs, exe- 
 cutors, and adminiftrators, of, and 
 from fo much of the faid money. 
 
 June 25, 1766. 
 
 This bill having been three times 
 reaH in the Houfe of Reprefentatives, 
 Refolved that the fame do pafs. By 
 order of the houfe. 
 
 CORTLAND SKINNER, Sp r . 
 Council-Chamber, June 26, 1766. 
 
 This bill having been three times 
 
 read in council, Refolved that the 
 
 fame do pafs. By order of the houfe. 
 
 PETER KEMBLE, Sp r . 
 
 Perth Amboy, June 28, 1766. 
 
 I afleat to this bill, enacting the 
 fume, and order it to be inrolled. 
 
 WILLIAM FRANKLIN. 
 
 Extratt cfa Letter from Governor Ber- 
 nard to the Earl cf Sbelburne. 
 [Received February 9 , 1767.] 
 
 Bofton, December 6, 1766. 
 I have the honour to inform your 
 lordihip, that the act for making a 
 compenfation to the fufferers by the 
 late riots, palled the two houfes, and 
 received my con fen t this day, being 
 the fourth from their meeting, after 
 the adjournment. The acl: has re- 
 ceived very little alteration from the 
 bill which I fent to your lordihip, 
 with my letter of the I4th of No- 
 vember. It paffed the Houfe of 
 Reprefentatives by fifty-two againil 
 
 C U M E N T S. 123 
 
 thirty-five, and in the Council, four- 
 teen to one. 
 
 The confiderable majority in the 
 houfe, and the almoft unanimous 
 voice of the Council, together with 
 the difpatch with which it has been 
 carried through both, will, I hope, 
 in fome degree, apologize for the 
 delay and difficulty which this bu- 
 finefs has met with heretofore. 
 
 I mould not have thought myfelf 
 warranted in paffing an aft of in- 
 demnity in a common cafe, without 
 fome previous inftruftion or order for 
 that purpofe : But this a<5l feem$ to 
 me fo conformable to his Majefty's 
 gracious intention, as it has been fig- 
 nified to me by your lordfhip, and 
 Mr. Secretary Conway, that I think 
 I can't have miftaken my duty, in 
 what I have now done. However, 
 if I have, the confirmation of the aci 
 is ilill in his Majeity's hands. 
 
 Copy of a Letter from Deputy Governor 
 Sbarpe to the Earl of Sbetturne. 
 [Received February 13, 1767.] 
 
 Annapolis, Maryland, 
 
 Dec. 9, 1766. 
 "My Lord t 
 
 The two letters your lordfhip was 
 pleafed to write to me the 9th of 
 Auguft laft, having lately come to 
 my hands, I now do myfelf the honor 
 to acknowledge my receipt thereof, 
 and to affure your lord/hip, that 
 whatever commands your lord/hip 
 may at any time communicate to me, 
 will bt punctually obeyed. In a letter 
 I took the liberty to addrefs to Mr. 
 Secretary Conway laft July, in anfwer 
 to his of the 31!* of March, I pro- 
 mifed to lay the fame, together with 
 the refolves of the Houfe of Com- 
 mons therein tranfmitted, before the 
 aflembly of this province at their firft 
 meeting, which I have fince done, 
 and have now the fatisfaclion to in- 
 form your lordmip, that upon my 
 recommending it to them to take the 
 letter and refolves into consideration, 
 
 R 2 
 
124 PRIOR DO 
 
 sind chearfuljy to comply with his 
 Majefty's requifition thereby lignified, 
 they immediately voted a compen- 
 fat ; on to the perfon whofe houfe had 
 been pulled down by the mob that 
 aflembled in the night of the zd of 
 September, 1765, and alfo to another 
 perfon who had fuffered a fmall lofs 
 at that time, with which compen- 
 fation the fufferers are, I underfland, 
 entirely fatkfied. I muft alfo, in 
 juftice to the inhabitants of this pro- 
 vince in o^neral. aiTare your lordship, 
 that liace the .cp.al of the ftamp-al 
 was notified to them, they have not 
 Shewed the leaft figfts of difcontent, 
 jior have murmurings been heard 
 amongft them ; but, as far as I can 
 judge, their behaviour has manifefted 
 the higheft fatisfaclion at the late 
 jneafures of the Britifh legiflature. 
 yfhile their declarations h-ivn been 
 expreiTive of unfeigned loyalty and 
 gratitude to our gracious fovereign, 
 *nd of the greateft attachment to the 
 mother-country. I am, &c. 
 
 HORATIO SHARPE. 
 
 Extra& of a Letter from Lieutenant -Go- 
 vernor Golden to the Earl of Shel- 
 
 [Received February 1 8 , 1767.] 
 
 New-York, December 26,. 1 766. 
 " In my letter to Mr. Secretary 
 Con way of the 24th of June, I in- 
 formed him, that the affembly, in 
 their feffion in June laft, would not 
 jecompenfe me for the loiTes I fuilain- 
 cd by the mob, the ift of November 
 Jail year. They have again, in their 
 Jaft feffions, refufed payment, with 
 his reafon annexed, that I had 
 brought them upon myfelf by my 
 jnifconduft." 
 
 'JLxtraB of a Letter from Mr.jor General 
 Gage to the Earl cf Shelburne. With 
 . Copy of an Inclojure therein. 
 
 [Received February 18, 1767.] 
 
 January 17, 1767. 
 
 j ** The.:packet had faifed with the 
 .^December mail, before I got a fight 
 
 C U M E N T S. 
 oftheaddrefs from the General Af- 
 fembly of this province, to their Go- 
 vernor, upon the fubjeci: of your lord- 
 fhip's letter to him, concerning the 
 quartering of his Majsfty's' troops, 
 according to the full extent and mean-: 
 ing of the acl of parliament made in 
 that refpecl. Sir Henry Moore will 
 have trahfmitted your lordfhip a copy 
 of the faid addrefs, and I have the 
 honour to inclofe your lordihip a return 
 of the number of troops quartei e 1 in 
 the inhabited parts of this province.' 
 Lieutenant Colonel Prevoft has 
 brought here one hundred ana eighty* 
 eight recruits from Hamburgh, to 
 compleat the two battalions of the 
 Royal American regiment, and, as 
 they will not be able to join their re- 
 fpedlive battalions till the fpring, I 
 have wrote to the Governor of Con- 
 necticut, to deiire he would provide 
 quarters for them in his government 
 till the month of April. As the co- 
 lony of Connecticut has never erected 
 any barracks in their country for the 
 ufe of his Majefty's troops, they muit 
 be quartered there on public houfes, 
 in the fame manner as in England. I 
 have not yet received the Governor's 
 anfwer to this requifition." 
 
 Return of his Majefty's Troops, 
 quartered in the Provincial Bar- 
 racks, in the Province of New- 
 York. 
 
 
 Ti 
 
 <U 
 
 
 t_L, CD 
 
 . 
 
 Regiments. 
 
 
 
 < 
 
 '6 S 
 
 O ^*) 
 
 ti 
 
 
 60 
 
 M 
 
 ' 'S 
 
 "c 
 
 
 o 
 
 
 O c 
 
 
 
 
 
 
 Ic| 
 
 3 
 
 Artillery 
 1 7th Regiment 
 
 6 
 9 
 
 3 
 3 
 
 '5 
 
 18 
 
 261 
 
 46th Ditto 
 
 10 
 
 4 
 
 19 
 
 2 35 
 
 Total 
 
 2 5 
 
 10 
 
 5 2 
 
 559 
 
 THOMAS GAGE, 
 
 Commander in Clnef. 
 
 Copy 
 
PRIOR DOC 
 
 'Copy of an Aft to furnijh the Barracks 
 in the Cities of New-Tort and Albany 
 with Fireivtod^ Candles, and the 
 other Neceffaries therein-mentioned, 
 for his Majefty's troops. 
 
 [Reccivtd Oftober 6, 1766.] 
 f An Aft to furnim the Barracks in 
 the Cities of New- York and Al- 
 bany with Firewood and Candles, 
 and the other Neceffaries there- 
 in-mentioned, for his Majefty's 
 Forces." 
 
 Whereas it has been reprefented to 
 the General Afiembly, that it is re- 
 quifite for his Majefty's fervice, pro- 
 vifion fhou'd be made at this time, for 
 furniming the barracks in the cities 
 of New-York and Albany with iundry 
 neceflaries, for the more comfortable 
 reception of his Majefty's troops, that 
 now are, or Icon may be quartered 
 in the faid barracks, and the Ge- 
 neral Afiembly being willing to make 
 provifion for the fame, pray that it 
 may be enacted ; Be it therefore 
 enacted by his Excellency the Go- 
 vernor, the Council, and the General 
 Affembly. And it is hereby enacted 
 by the authority of the fame, that the 
 mayor, recorder, and aldermen of the 
 cities of New- York and Albany re- 
 fpeclively, or fuch perfon or perfons 
 as they, or the major part of them 
 refpecHvely mall appoint, (hall, as 
 foon as may be after the publication 
 pf this adl, furnifti the barracks in the 
 faid cities with the faid necefiaries 
 hcreatier mentioned ; that is to fay, 
 " For the officers rooms, each, one 
 pair of hand irons, one pair of tongs, 
 one fire-move!, one table, two chairs, 
 and one candleftick, and for every 
 officer, feventeen millings fterling for 
 one year in place of bedding for 
 every room for non-commillioned of- 
 ficers and foldiers, each room to con- 
 tain fourteen men, feven cribs, feven 
 bed-cafes, feven bolfters to be filled 
 with ftraw every three months, four- 
 teen blankets, two iron ports, two 
 trammels, one pair of tongs, one fire- 
 shovel, one pair of haud-irons, two 
 
 C U M E N T S. 17.5 
 
 crofs bars, one hatchet, one iron can- 
 dle'ftick, one table, two benches, and 
 one bucket ; and with fire-wood and 
 candles, as follows : for every room 
 for officers, and for every room for 
 "non-commiflioned officers and private 
 men, to contain fourteen men each, 
 from the ift of October to the ill of 
 April, three-eights of a cord of wood 
 per week for each room, and for five 
 weeks preceding the ift of Oclober, 
 and five weeks after the ?ft of April, 
 three-ilxteenths of a cord of wood per 
 week, and for the fixteen remaining 
 weeks, one eighth of a cord of wood 
 per week, one pound of candles per 
 week for the winter only for each 
 room, and for the guard-room in. 
 winter three candles each night, and 
 in fummer two candles each night, of 
 ten candles to the pound," always 
 provided, that the provifion hereby 
 made, doth not exceed the fpace of 
 one year, to commence from the pub- 
 lication hereof; and that the whole 
 number of troops in both cities, doth 
 not exceed two battalions of five 
 hundred men each, officers included, 
 and one company of royal artillery, 
 and alfo that no rooms be fuppiied 
 with fire-wood and candles, or other 
 neceflaries furnifhed either for officers 
 or men, but for fuch as actually refide 
 in the barracks, in either of the cities 
 of New-York and Albany. And 
 that the faid mayor, recorder, and 
 aldermen of the faid cities, or the 
 major part of them refpeclively, may 
 be enabled to furnifh the feveral ar- 
 ticles and things by this aft directed, 
 Be it enacled by the fame authority, 
 that the treafurer of this colony, out 
 of the monies remaining in his hands, 
 by virtue of an aft of the Lieutenant- 
 Governor, the Council, and the Ge 
 neral AiTembly, patted the twentieth 
 day of March, one thoufand, feven 
 hundred, and fixty-two, intitled, 
 " An Acl, directing the Treafurer of 
 this Colony to pay the Commander 
 in Chief of all his Majefty's Forces in 
 North- America, the Sum of Four 
 Thoufand, 
 
126 P R I O R D O 
 
 Thoufand, Seven Hundred and Nine-. 
 ty-Pounds for his Majefty's Service, 
 to be repaid when his Majelty mall 
 think proper" pay unto the mayor, 
 recorder, and aldermen of the faid 
 cities of New-York and Albany, or 
 the major part of them refpeftively, or 
 fo their refpeftive orders, from time 
 to time, fuch fum and fums of money 
 as mall be requifitc to furnifli the fe- 
 veral neceffaries aforefaid, vvhofe re- 
 fpeclive receipts (hall be good and fuf- 
 {icent vouchers to the faid treafurer, 
 for fuch fums of money as mail be 
 therein fpecified. And be it enacted 
 by the fame authority, that the mayor, 
 recorder, and aldermen of the cities 
 pf New-York and Albany, or the 
 major part of them refpedlively, mail 
 keep, or caufe to be kept, juil, true, 
 and regular accounts of the monies 
 by them refpe&ively expended in 
 <XHifcquence of this aft, and fuch ac- 
 counts Ihall render on oath, to the 
 Governor, the Council, and the Ge- 
 neral Affembly, when by them, or 
 either of them, thereunto required. 
 Province of New-Tor k, July 10, 1766. 
 
 This ad was pafled by the General 
 AlTerably of the faid province the 
 zijtli day of June, 1766. By the 
 CoQncil on the 2yth day of the fame 
 jBoathof June; and on the third day 
 of July infhrnt, was affented to by his 
 Excellency the Governor and the 
 preceding is a true copy of the ori- 
 ginal examined by me, * 
 
 GEOR.GE BANYAN, D. Secretary. 
 
 Cefj of a Mefage from the Hou r e of 
 KefreJ&tf&i'ues to Governor Bernard 
 In Governor Bernards cf the \.^tk 
 end I'&tb of February, 1767. 
 
 (No. I.") 
 
 Jlfky it phaje ycur Excellency, 
 The Houie of Reprefentatives beg 
 to be informed by your Excellency, 
 whether any provifion has been made 
 at the expence of this government, 
 for his Majeftv's troops lately arrived 
 in this harbour, and by whom ? And 
 alfo, whether your Excellency has 
 
 C U M E N T S. 
 
 reafon to expect the arrival of any 
 more to be quartered in this province. 
 
 Extrafl of a Letter from Governor Ber- 
 nard to the Earl of Shelburne. 
 [Received March 10, 1767.] 
 
 Bo (ton > Dec. 24, 1766. 
 (No. II.) 
 
 It has been ufual in this govern- 
 ment, to reprint fuch adts of parlia- 
 ment as extend to America, by order 
 of the Governor, with the advice of 
 the Council ; the ftamp-aft itfelf was 
 reprinted by the printer of the go- 
 vernment, by fuch order. Laft fum- 
 mer, having received feven afts of 
 parliament patted the laft feflion re- 
 lating to America, I communicated 
 thefe to the Council, and it appear- 
 ing that four of them were interefting 
 to this province, the Council advifed 
 that they mould be printed by the 
 printers of the laws., and it was ac- 
 cordingly ordered. Among thefe acts 
 was the Mutiny Adi, which it feems 
 has given as much umbrage to this 
 Aifembly as it has done to that of a 
 neighbouring province, though it has 
 not yet fo fully fliowed itfelf. In the 
 interval of the adjournment of the 
 Affembly, a transport, with two com- 
 panies of artillery on board, was 
 driven in here by ftrefs of weather j 
 the commanding officer applied to me 
 for quarters I laid the buiinefs before 
 the Council : The aft of parliament 
 was coniulted, and the Council ad- 
 vifed me to order the commiiTary to 
 furniih them with what they demand- 
 ed under the aft. When the Af- 
 fembly met, this matter was move.d 
 in the houfe, and a eommittee was 
 appointed " to prepare a mefiage to 
 the Council, to enquire by what au- 
 thority any acls of parliament are re- 
 giilered among the laws cf this pro-* 
 vince." This meifage was according- 
 ly fent up by five members, and had 
 this quellion at the end of it, " Whe- 
 ther they knew of any aft requiring 
 the regiitry of ordinances, which this 
 legiflature never confented to ?" The 
 
! R 1 O R 
 
 OCUMENTS. 
 
 iiext morning the houfe fent up ano- 
 ther meffage to the Council, to en- 
 quire " Whether the board, or the 
 Governor and Council, had made any 
 provifion for his Majefty's troops 
 lately arrived in this harbour, and 
 how ?" I had before, upon another 
 occafion, cautioned the Council againft 
 anfwering whilil fitting in their legif- 
 lative capacity without me, for what 
 they did as a privy council with me, 
 and I renewed this caution at this 
 time, and added, that application 
 fhould be made to me, and to me 
 only, for an account of what was 
 done in the privy-council. The 
 Council, therefore, anfwered to both 
 the meflages : " That the orders re- 
 lative to thofe matters, were given by 
 the Governor with the advice of 
 Council, and therefore the houfe was 
 referred to the Governor for the in- 
 formation they defired." This an- 
 fwer was voted by the houfe to be 
 not fatisfa&ory, and a committee was 
 appointed '* to take the anfwer and 
 matter into confideration in the recefs, 
 and to report what is proper to be 
 done." 
 
 Copy of a Meffage from Governor Ber- 
 nard to the Houfe of Reprefentaiives 
 In Governor Bernard's letters of 
 the 1 4/ and \ %th of February, 1767. 
 Gentlemen of the Houfe of Repre- 
 
 fentatives. 
 
 In anfwer to your meiTage of this 
 day, I fend you a copy of the minutes 
 of Council, by which provision for 
 the artillery company at the Caftle, 
 in purfuance of the late a6l of par- 
 liament, was made. 
 
 J intended to lay the matter before 
 you, and had given orders for an 
 account of the prrfent expence to be 
 made out for that purpofe, which 
 having received fmce your rnefTage 
 came to me, I hereby communicate. 
 
 I have received no advice whatever 
 of any other troops being to be quar- 
 tered in this province, nor have I 
 any reafon to expe& the arrival of 
 
 fuch, except from common report, to 
 which I gave little credit. 
 
 Copy of a MeJ/age from the Houfe of 
 
 Reprefentatives to Governor Bernard 
 
 In Governor Bernard's Letters of 
 
 the i^th and \%ih of February, 1767. 
 
 (No. III.) 
 
 May it plea fe your Excellency, 
 In reply to your meiTage of the 3oth 
 of January, the Houfe of Reprefenta- 
 tives beg leave to obferve, That it is 
 by virtue of the royal charter alone, 
 that the Governor and Council have 
 any authority to iffue money out of the 
 treafury, and that only according to 
 fuch afts as are, or may be in force 
 within the province. This claufe was 
 intended to fecure to the Houfe of 
 Reprefentatives, the privilege of ori- 
 ginating, granting, and difpofing of 
 taxes : But we apprehend it would 
 be of very little value and importance, 
 if it mould ever become a fettled 
 rule, that the Houfe are obliged to 
 impcft; and levy afleflments, rates and 
 taxes, upon the eftates or perfons of 
 their conftituents, for the payment of 
 fuch expenres as may be incurred by 
 virtue of an order of the Governor and 
 Council, without the knowledge and 
 confent of the houfe. Your "Excel- 
 lency, therefore, in giving orders 
 with the advice of the Council, for 
 making provifion for the artillery 
 companies at the Caftle, acted, in an 
 efTential point, contrary to the plain 
 intention of the charter of the pro- 
 vince, wherein the powers of the fe- 
 veral branches of the General Af- 
 fembly, are declared and limited. If, 
 however, there was an urgent necef- 
 fity for this procedure in the recefs of 
 the court, we are very much furprized 
 that your Excellency mould fuffer the 
 whole of the laft feffion of the Ge- 
 neral Aflembly to pafs over without 
 laying this matter before us, and that 
 it was again omitted in the prefent 
 feffion, 'till the houfe had waited 
 upon your Excellency with their mef- 
 fage. It is the juir, expedition of 
 
 this 
 
12* PRIOR DO 
 
 this houfe, founded in the principles 
 f the conftitution, to have the earfieil 
 notice of a matter of this nature, and 
 we cannot but remonilrate to your 
 Excellency, that the omiiiion of it 
 was in breach of our privilege-. 
 
 But may it pleaie your Excel- 
 lency, it is flill more grievous to us, 
 to find your Excellency making men- 
 tion of a late a& of parliament, in 
 purfuance of which, your Excellency 
 and the Council have created this ex- 
 pence to the province One great 
 grievance, in regard to the llamp- 
 aft, was, that it deprived us of the 
 advantage of a fundamental and mofi 
 efientiai part of the Britifti confti- 
 tution, the una lien able right of free- 
 dom from all taxation, but fuch as 
 we {hall voluntarily confent to and 
 grant : while we feel a fenfe of the 
 worth and importance of this right, 
 we cannot but exprefs a very deep 
 concern, that an acl of parliament 
 mould yet be in being, which ap- 
 pears to us to be as real a grievance, 
 as was that which fo jullly alarmed 
 this continent. Your Excellency, 
 and the Council, by taking this itep, 
 have unwarrantably and unconllitu- 
 tionally fubjecled the people of this 
 province to an expence, without 
 giving this houfe an opportunity of 
 palling their judgment upon it, and 
 have alfo put it out of our power, by 
 an acl of our own, to teftify the iame 
 chearfulnefs which this aifembly has 
 always ihewn, in granting to his Ma- 
 jelly, of their free accord, fuch aids 
 as his Majeity's fervice has, from 
 time to time, required. 
 
 Copy of a MeJJa.ge from Governor Ber- 
 nard to the Hcuje of Reprejentatives, 
 February 17, 1767 In Governor 
 Bernard's Letters of the \*th and 
 l8/$ of 'February , 1767. 
 (No". IV.) 
 
 Bofton, Fel. 19. 
 
 Tuefday lafl his Excellency was pleaf- 
 ed to fend the following MefTage 
 
 C U 
 
 E N T S; 
 
 to the Hon. Houfe of Reprefente' 
 
 ti'-es ; viz. 
 
 Gentlemen of the Houfe of Repre- 
 Jentali'ves. 
 
 The charges againft me and the 
 Council, contained in your meffage 
 of the 4th inflant, have had a full 
 confuieration ; the refult of which is, 
 that the proceedings in making pro- 
 vifion for the King's troops lately ar- 
 rived here, appear to be conttitutional 
 and warrantable, and are jufliiied not 
 only by the ufage of this government,- 
 but by the authority of the General 
 Court itfelf. 
 
 The barracks at the Caft'e were 
 built by order of the General Court, 
 for the reception of the King's troops 
 when they ihould arrive here, that 
 there might be no occafion for quar- 
 tering them upon the inhabitants. 
 Fuel and candle are neceffary to the 
 occupation of barracks without them 
 no troops could go in or ftay there, 
 it being an allowance always inci-. 
 dental to their living in barracks.. 
 When, therefore, the General Court 
 ordered thefe barracks to be built for. 
 troops, it mull have been implied,* 
 that the incidental necefiaries ihould 
 be provided for the troops when they 
 went into them otherwife, we mull 
 fjppoie that the General Court did 
 not intend that the barracks mould be 
 applied to the ufe for which they 
 were built. 
 
 The manner of m?king the pro- 
 vrfion, and the provifion itfelf, were 
 agreeable to the ufage of this go- 
 vernment in the like cafes. It con- 
 filled of fuel and candle only, which 
 are abfolutely neceffary, and always 
 have been allowed in thofe barracks, 
 and it did not include feveral articles 
 prefciibed by the acl of parliament, 
 and therefore it was wholly conform- 
 able to the ufage of the government 
 and the neceflity of the cafe, but to 
 the acl only, as it coincided with it. 
 If there had been no fuch act, the 
 Council, would have thought them- 
 
PRIOR DOCUMENTS. 
 
 felves obliged to have advifed the or- 
 dering this provifion, as it was necef 
 fary to the ufe of the barracks, it 
 being their duty, in the recefs of the 
 General Court, to affift me in carry- 
 ing into execution, by the ufual 
 means, an eilablifhment provided for 
 the convenience of the people. 
 
 As to your complaint againft me, 
 for not laying this matter before you 
 during the whole of lafl feflion, and 
 part of this felfion, I mail only ftate 
 the fads, and leave it there. What 
 you call the whole of lafl feffion, was 
 only the fix lafl days of it, when you 
 met after an adjournment, to pafs 
 upon the Compenfation Bill. As 
 foon as you had finimed that bufmefs, 
 you defired me to grant you a recefs 
 -I did fo, and told you at the fame 
 time, that upon that account, I had 
 poftponed all other bufmefs to the 
 next feifion. As to the part of this 
 feffion, it was not forty-eight hours, 
 and within that time I had given 
 orders for making out an account of 
 the expence of the provifion in order 
 to lay it before you, and I actually 
 received it within two hours after I 
 had your mefTage. This is the whole 
 of what you call an omiffion in breach 
 of your privilege. 
 Council-Chamber. FRA*. BERNARD. 
 
 Extraflfrom the Journals of the Upper 
 Houfe of AJfimbly In Governor 
 Wright's, (No. IV.) of the 6tb of 
 April, 1767. 
 
 Georgia, Die Martis, 2O. January, 
 1767. 
 
 Mr. Prefident informed the Houfe, 
 that he had two Meffages from his 
 Excellency the Governor, ngned 
 by his Excellency, which he was 
 directed to lay before the Houfe, 
 and he delivered them in at the 
 Table, where the fame were read, 
 one of which is as follows ; viz. 
 
 " Honourable Gentlemen, 
 *' It is always with reluctance, that 
 
 I mention any matter of expence to 
 
 you, but having lately received * 
 
 *r 
 
 letter from Captain Phillips, the of- 
 ficer commanding the detachment ojf 
 his Majefty's troops in this province, 
 inclofmg me a lift of neceflaries allow- 
 ed by the Mutiny act to foldiers in 
 America, and requeuing to know- 
 where he is to procure the fame ; it 
 is my duty to lay this matter, toge- 
 ther with the act of parliament, before 
 you, and to recommend it to your 
 ferious confideration, and hope you 
 will, as far as lies with you, enable 
 me to comply with the direction con- 
 tained in the faid act. 
 " Savannah, JAMES WRIGHT." 
 
 Extraft of a Letter from Captain Lieu- 
 tenant Phillips. 
 
 " I beg your Excellency will be 
 pleafed to forgive the trouble I give 
 you, by inclofmg a lift of the necef- 
 faries allowed to foldiers wherever 
 they are lodged in barracks, and in- 
 treat your directions where I am to 
 procure them for the garrifons in your 
 Excellency's province." 
 A Lijl of NeceJ/aries for the Soldiers on. 
 the Out-Pofts. 
 
 (f Candles for the guard and hofpi- 
 tal wood for the garrifons bedding 
 and bedfteads rum and vinegar, &c. 
 as ordered by the Mutiny-actcook- 
 ing utenfils, pots, platters, fpoons, 
 &c. &c. axes to cut their wood, 
 and tables and forms. 
 
 " (Signed) RALPH PHILLIPS. 
 " Charles-Town, Jan. 6, 1767." 
 
 " The command at Augufla, an 
 officer, a furgeon's mate, and twenty 
 privates. 
 
 " The command at Frederica, a 
 ferjeant and ten privates, but at pre- 
 fent only a corporal and nine pri- 
 vates." 
 
 " Refolved, Nemine Di/finfante, 
 That this houfe will readily and chear- 
 fully concur with the Commons Houfe 
 in every meafure that may be judged 
 expedient to carry the feveral matters 
 into execution, recommended by his 
 Excellency in his faid meflages. 
 
 S " Refolved. 
 
IOR DOCUMENTS. 
 
 " Refolved, That an humble ad- 
 drefs be prefented to his Excellency 
 the Governor, acquainting his Ex- 
 cellency with the aforegoing refo- 
 lution. 
 
 " Ordered, That Mr. Powell and 
 Mr. Johnfon do prefent the faid ad- 
 drefs." 
 
 A true copy, examined and cer- 
 tified by C. WATSON, C. G. A. 
 
 Copy of Addrefs. 
 
 Georgia, Jan. 20, 1 7 67. 
 
 o his Excellency Jamss Wright, Efq', 
 
 Captain-General, and Governor in 
 
 Chief of his Majejif s Province of 
 
 Georgia. 
 
 The Humble Addrefs of the Upper Houfe 
 
 of A/emhly. 
 
 May it pleafeyour Excellency, 
 This houfe having taken under con- 
 fideration your Excellency's two mef- 
 fages of this day, the one refpefting 
 the repairs requisite at Fort Hallifax, 
 and the other relative to fundry ne- 
 ceflaries allowed by the late Mutiny- 
 aft to foldiers in America, beg leave 
 to affure your Excellency, that we 
 will readily and chearfully concur 
 with the Commons Houfe, in every 
 meafure that may be judged expedient 
 to carry the feveral matters therein re- 
 commended, into due execution. 
 By order of the Upper Houfe, 
 
 JAMES HABERSHAM, Prefident. 
 Examined with the original, 
 
 C. WATSON, C. G. A. 
 
 Extraftcfa Letter from James Wright, 
 Efq; Governor of Georgia, to the 
 Earl of Shelburm. 
 
 [Received May 21, 1767.] 
 
 Savannah, April 6, 1767. 
 In my letter of the jth of January I 
 wrote to your lordihip, that the Af~ 
 fembly begun lo do bufmefs on the 2d 
 of December., and were to meet again 
 on the 1 3th of January, and that I 
 had i:.-" &eu obferved any improper 
 difpo/h'on in them : But, my Lord, 
 this did not continue to be the cafe, 
 for, on the 1 6th of January I received 
 
 a letter from Captain Lieutenant Phil- 
 lips, who, by General Gage's order* 
 then commanded the detachment of 
 his Majefty's Royal American regi- 
 ment, doing duty in this province and 
 South Carolina, defiring me to let 
 him know where he was to apply for 
 the barrack-neceflaries directed by the 
 Mutiny aft, and on the zoth of Ja- 
 nuary I fent a meffage to the Council 
 and Affembly on that fubjeft, toge- 
 ther with the Mutiny aft, it being 
 the ufe and cuftom here, to fend a 
 mefThge to the Council, as well as to 
 the AfTembly, in fuch cafes copies 
 of which I now inclofe to your lord- 
 fhip (No. I.) ; alfo a copy of the ad- 
 drefs of the Council as an Upper 
 Houfe, in anfwer to my meffage of 
 the fame date (No. II.)~but the Af- 
 fembly delayed fending any anfwer 
 for a confiderable time, and finding 
 no anfwer came, I fent for two of the 
 members, and let them know, that if 
 I did not receive an anfwer forthwith, 
 I fiiould be obliged to fend a fecond 
 meflage, in which poffibly I might 
 mention fomething that would not be 
 pleafing, as I had miderftood they did 
 not intend to comply with the aft of 
 parliament ; and that day I was in- 
 formed, by direction of the houfe, 
 that I might depend on an anfwer in 
 a day, or two, at fartheft, and on 
 the 1 8th of February I received the 
 inclofed addrefs. (No. II ) 
 
 Extrafl of a Letter fr cm Major General 
 
 Gage to the Earl of Shelburne. 
 
 [Received March 25.] 
 
 Nevu-Tcrk, Feb. 20, 1767. 
 
 (No. IV.) 
 
 Your Lordfhip has been informed of 
 tire arrival of a number of German 
 recruits in this port for the Royal 
 American regiment, and of my in- 
 tention to quarter them in the colony 
 of Connecticut, 'till the feafon fhould 
 allow them to join their corps. I 
 wrote two letters to Governor Pitkin 
 on the fubjeft of quartering thefe re- 
 cruits by the authority of the act of 
 parliament 
 
PRIOR DOCUMENTS. 131 
 
 people here have fearful apprehenfions 
 of, from their former experience. 
 
 I am, &c. 
 (Signed) WM. PITKIN. 
 
 parliament folely, but the Governor 
 would do nothing in the affair, 'till 
 authorized fo to do by his Provincial 
 ArTembly. I have the honor to tranf- 
 mit your Lordlhip copies of faid letters, 
 with the Governor's anfwers thereto. 
 The men are now quartered in the 
 towns, where the Governor told me 
 provifion would be made for their re- 
 ception. 
 
 Copy of a Letter from Governor Pitkin, 
 of the Colony of Connecticut, to Ge- 
 neral Gage In Major General Gage's 
 Letter*, (No. IV,) of the 2Qtb of 
 February , 1767.' 
 
 Hartford, Jan. 31, 1767. 
 SIR, 
 
 Your letter of the 25th inftant I re- 
 ceived ; notwithftanding your furprize 
 at the delay of his Majefty's fervice, I 
 can afTure your Excellency, that this 
 colony have nothing more at heart, 
 than to forward his Majefty's fervice, 
 and promote his intereft by every part 
 of their conduct. I have now the 
 pleafure to inform your Excellency, 
 .that the needful provifion is made for 
 quartering the number of troops men- 
 tioned in your firil letter. 
 
 The towns referred to in your re- 
 quilltion, have lately been greatly 
 burthened with a large number of his 
 Majefty's regular troops, and had en- 
 couragement that for the future they 
 Should be excufed, which induced the 
 Aflembly to provide quarters for the 
 faid troops in the towns of New 
 Haven, Wallmgford, and Brandford 
 -am therefore defired to requeft this 
 favour of your Excellency, if it can 
 be without prejudice to his Majefty's 
 fervice, otherwife, provifion is made 
 in the towns of Stamford, Norwalk, 
 and Fairfie.ld. 
 
 I am further defjred to requeft your 
 Excellency, that orders be given that 
 the foldiers may not carry their arms, 
 except when called upon duty, which 
 may prevent their diftui bing the peace 
 of his Majefty's fubje&s, which the 
 
 Copy ef a Letter from General Gage to 
 Governor Pitkin, of the Colony of 
 Connecticut In Major Gen. Gage's 
 Letter (No. IV.) of the 2Qth of Fe- 
 bruary t 1767. 
 
 New-York, Jan. 25, 1767. 
 S I Rj 
 
 Captain Kemble has delivered me 
 your letter of the 2Qth inftant, and I 
 can't help exprefling my furprize at 
 the contents of it, and the delays 
 given to his Majefty's fervice I had 
 the honor to make application to you 
 as the executive part of government, 
 for the due execution of a law in your 
 colony, in the fame manner as the 
 faid law is daily put in execution by 
 every juftice of the peace, conftable, 
 headborough, or tythingman, through- 
 out the kingdom of England. I 
 cannot comprehend that your colony 
 is affected by my requifition in any 
 fhape, as to expence, there being no 
 barracks in the colony, therefore there 
 is no expence to be incurred for bed- 
 ding, fuel, utenfils, &c. but the troops 
 to be quartered in public houfes, in 
 the fame manner as in England ; and 
 as the public houfes in the places 
 mentioned in my letter of the 8th 
 inftant, are more than fufficient to 
 quarter the few troops that are to be 
 fent into them, the further provifion 
 required by the law, of fitting up 
 out-houfes, barns, &c. in cafe there 
 mould not be fufficient room in the 
 faid public houfes to quarter the 
 troops, is out of the queftion : I 
 can't, therefore, fee by what means 
 the colony is to be involved in con- 
 fiderable expcnces, or that it is necef- 
 fary to raife a fingle (hilling on this 
 account. The King's fervice requires 
 that I mould be at a certainty in this 
 bufmefs, and I arn once more obliged 
 to trouble you on the fubjcct of my 
 S 2 firft 
 
RIOR DOCUME 
 
 T S. 
 
 ftrft letter, and to defire your anfwer, 
 whether you will give the proper di- 
 rections to the inferior magiftrates to 
 obey the law, by billeting the foldiers 
 in fuch houfes as are particularly fpe- 
 ciiied in the aft of parliament, made 
 and provided in this refpect. 
 
 lam, &c. THO S . GAGE. 
 
 Copy of a Letter from Governor Pit 'kin , 
 of ths Colony of Conneflicut, to Ge- 
 neral Gage In Major Gen. Gage's 
 Letter (No. IV.) of tie 2O/ of 
 February, 1767. 
 
 Hartford, Jan. 20, 1767. 
 S I R, 
 
 I received yours if the 8th inftant, 
 by Captain Kemble, requefting quar- 
 ters for one hundred and thirty-four of 
 his Majefty's troops, in the towns of 
 Stamford, Norwalk, and Fairfield, in 
 this colony. It would have given me 
 pleafure to have returned an imme- 
 diate anfwer, but as it was necefTary 
 for me to call the Council of this 
 colony to meet, and adviie on the 
 fubjedt matter of your Excellency's 
 letter, I immediately gave them no- 
 tice, but as they live fcattered in the 
 various parts of the colony, and the 
 feafon being fo extraordinary, ren- 
 dered it impracticable to convene 
 them 'till this day, which I truft will 
 appear a fufficient reafon to your Ex- 
 cellency for the delay I have been ob- 
 liged to give Captain Kemble. I am 
 forry it is not in my power, at this 
 time, to give fuch immediate and fpe- 
 cific orders as your Excellency feemed 
 to expect. As the requifition was un- 
 expected, no barracks, or other pro- 
 vifions, are made for quartering fol- 
 diers here A compliance therewith, 
 would involve the colony in confi- 
 derable expence, which cannot be 
 provided for, otherwife than by their 
 reprefentatives in General Aflembly, 
 which makes it neceflary to call the 
 fame on this occafion. I have ac- 
 cordingly fent out orders for convening 
 the Affembly on Thurfday the 29th 
 inftant, which is as foon as they pof- 
 
 fibly can meet. I mall then lay the 
 matter before them, and doubt not 
 but they will give the utmoft attention 
 and difpatch the nature of the affair 
 will admit. I mail not fail to give 
 your Excellency the earlieft notice of 
 their conclufion thereon. I am, &c. 
 (Signed) WM. PITKIN. 
 
 Copy of a Letter from General Gage to 
 Governor Pitkin, of the Colony of 
 Connecticut In Major Gen. Gage's 
 Letter (No. IV.) of the loth of Fe- 
 bruary, 1767. 
 
 Nevj-Tork, Jan. 8, 1767. 
 S I R, 
 
 I have the honour to acquaint you, 
 that a veflel is jail arrived here, with 
 one hundred and eighty-eight recruits 
 from Germany, for his Majefty's two 
 battalions of the Royal American re- 
 giment. As both thefe battalions are 
 fo fituated (the one being quartered 
 at Quebec, the other garrifoning the 
 forts in the Upper country) as to 
 render it impracticable for thefe re- 
 cruits to join them this winter, and 
 the quarters in the provinces of Penn T 
 fylvania, New Jerfeys, and New- 
 York, being occupied by other corps, 
 and two companies of the Royal re- 
 
 fiment of Artillery being quartered at 
 ofton, I have no choice left but the 
 province of Connecticut I, therefore, 
 fend to you, by Captain Kemble, 
 one of my aid de camps, to requeft 
 that you will be fo good as to order 
 quarters to be provided at Stamford, 
 Norwalk, and Fairfield, or which 
 you mall judge beft of thofe towns, 
 for two officers, and one hundred and 
 thirty-four of his Majefty's troops 
 the other fifty-four being deftined to 
 recruit the three companies of the firil 
 battalion of the Royal American re- 
 giment ftationed in South-Carolina, 
 will be immediately fent thither. I 
 have no cloubt but you will give fuch 
 immediate and fpecifick orders upon 
 this head, as that this detachment of 
 his Majefty's forces may be fupplied 
 
 with 
 
PRIOR DOCUMENTS. 
 
 with quarters, &c. according to the fage, was in breach of their privi- 
 
 -T* t 1^~1 * % T 7 1 . 1 lt.1 11** 
 
 * * 
 
 acl of parliament 
 
 You will be fo good to return me 
 An anfwer to this requifition, by Cap- 
 tain Kemble, acquainting me of the 
 number of men you think belt to be 
 feverally quartered in the towns be- 
 fore-mentioned. I am, &c, 
 
 THOMAS GAGE. 
 
 Extract of a Letter from Governor Ber- 
 nard to the Earl of Shelburne. 
 
 [Received March 28.] 
 Poften, lAth and \fyb of Feb. 1767. 
 (No. V.) 
 
 ledge." What they call the whole of 
 the lad fefiion, was only the fix laft 
 days, when they met, after an ad- 
 journment, to pafs the Indemnifi- 
 cation bill, and for no other purpofe 
 after which, they defired I would 
 difmifs them, and I told them in fo 
 doing, that I had poftponed all other 
 bufinefs to the next feflion, on that 
 account. The part of this feflion was 
 not forty-eight hours, in which I had 
 given orders for making out an account 
 of the expence, to be laid before them 
 when they hurried their merTage fo, 
 
 In my letter (No. II.) I informed that it came to me two hours before I 
 
 your lordmip, that the houfe had, at received the account. I mention this 
 
 the end of laft feflion, taken umbrage only, to (hew upon what trifling pre- 
 
 at the Governor, with the advice of tences, a charge of a breach of this 
 
 Council, having ordered provifion for 
 two companies of artillery (which 
 
 privilege is formed. 
 
 In the bufinefs itfelf, the Governor 
 
 were drove in here), purfuant to act and Council acted precifely according 
 of parliament, and had appointed a to the conftant ufage of this govern- 
 committee thereupon fo that this 
 fubject was to be worked up as a 
 
 ment, both in the manner of pro- 
 viding, and the things provided, and 
 
 jcaufe of liberty. The third day of in regard to the latter, not quite con- 
 this feflion, the houfe fent me a mef- formably to the act of parliament, for 
 fage, defiring to know, "Whether there was no beer, vinegar, &c. pro- 
 any provifion had been rna.de at the vided, the officer not requiring them, 
 expence of this government, for his The entry in the minute of the Coun- 
 Majefty's troops lately arrived in this cil, " in pursuance of the aft of par- 
 harbour, and by whom?" To this liament" was made at the defire of 
 I returned an anfwer, inclofmg a copy fome of the Council, thinking, 1 fup- 
 of the minutes of Council, by which pofe, that it would protect them from 
 fuch provifion \yss made, in which it being called to an account for doing, 
 is faid to be in purfuance ot the aft of what, in other times, would havtf 
 
 parliament. 1 alfo added an account 
 cf the expence, which in more than 
 two months amounted to 60 iteriing. 
 In reply to this, they lent me a mef~ 
 fage, wherein they fay, that " I and 
 the Council, in making fuch pro 
 
 patted as a common act of govern- 
 ment, and even thefe words are more 
 properly applicable to the requefl of 
 the officer, than the order But the 
 reverfe has happened. The act of 
 parliament, inftead of protecting them, 
 
 vifion, acted unwarrantably and un- has been the caufe of their being ar- 
 
 conftitutionally, and it is the more raigned. Political meafures are very 
 
 grievous to them, for that it is men- catching in this country. When the 
 
 tioned to be in purfuance of an act of matter was firil agitated, advice had 
 
 parliament, which act appears to been received of the A-Tembly of 
 
 them as real a grievance as the ftamp- New-York having refufcd to comply 
 
 ad." They aifo fay, " that my not fpecifically with the act of parliament ; 
 
 laving th's matter before them for the 
 whole of the laft feflion. and part of 
 this fefiion, until they lent their mef- 
 
 and it was mentioned in the houie, 
 and then (laft feffion) it was faid that 
 this act was worfe than the iiamp-act:. 
 
 And 
 
J54 
 
 PRIOR DOCUMENTS. 
 
 And when it was revived in the houfe 
 this feffion, a member oppofite to go- 
 vernment, faid that the Governor 
 and Council were not to blame, the 
 . aft under which they had afted was 
 what was to be condemned. And 
 indeed this trifling buiinefs, which in 
 the whole expence won't coll above 
 . 150 iterling, feems to be laid hold 
 of, only to make a public declaration 
 againft the aft of parliament All 
 papers of this kind, which ufed for- 
 merly to be ieen no where but in the 
 votes, being now printed in all the 
 news-papers ; and, from fome parti- 
 cular expreffions, it has the air of a 
 jnanifefa) much more than of a mef- 
 fage to a Governor, who is the laft 
 perfon to whom a claim to an ex- 
 emption from afts of parliament uV.rild 
 be made, as it is irnpoffible for him 
 to concede to it. 
 
 This letter foil remaining with me, 
 I have an opportunity to add, that 
 for above a week paft, I had endea- 
 voured to prevail with the Council, to 
 join with me in a juftification of our 
 .proceedings, in making provifion for 
 .the King's troops, but at the fame 
 time I proteiled againft their anfwering 
 without me, as it was a bufmefs of 
 Privy CQuncil, in which they could 
 not ad feparately from me. This 
 diftin&ion was made ufe of to in- 
 troduce a fquabble about privileges, 
 which prevented any refolution being 
 taken. To put an end to this, 
 yeiterday I introduced the inclofed 
 anlwer in my own name only, which 
 1 told them I would fend if they would 
 ^dvife .to it, which, after fome debate, 
 they did ; and I fc-nt it to the houfe. 
 Your Lordmip will obferve, that in 
 this anfwer there is a careful avoid- 
 ance, though no denial of this pro- 
 vifion being made, in purfuance of 
 the aft of parliament : I was obliged 
 to frame it thus to obrain the Coun- 
 cil's concurrence. Fcr, though the 
 i^ater part of them have, I believe, 
 a due relpsft for an aft of parliament, 
 
 not one of them would dare to avow 
 it in this inftance, and at this time. 
 
 Copy of an Aft for granting Com- 
 penfathn to the Sufferers, and of free 
 and general Pardon, Indemnity and 
 Oblivion to the Offenders in the late 
 Times, paffed in the Province of the 
 Ma/achufett's Bay, Dec. 6, 1766. 
 
 (No. I.) 
 
 f ? An Aft for granting Compenfation 
 to the Sufferers, and of free and 
 general Pardon, Indemnity and Ob- 
 livion, to the Offenders in the late 
 Times."' 
 
 Whereas the King's moft Excellent 
 Majefty, taking into his gracious and 
 moil ferious consideration, the trou- 
 bles, difcords, tumults and riots which 
 have lately happened in America, and 
 that divers of his fubjefts have thereby 
 greatly fufFered in their' property, and 
 others have fallen into, and are ob- 
 noxious to great pains and penalties, 
 out of a hearty and pious defire that 
 fuch fufferers be compen fated, and to 
 put an end to all fuits and contro- 
 verfies, and profecutions, that by oc- 
 cafion of the late diftraftions have 
 arifen, or may arife between any of 
 his Majefty's fubjefts, and to the in- 
 tent that a veil be drawn over the late 
 unhappy excefTes, has been gracioufly 
 pleafed tp'fignify his defire to forgive 
 and forget them, at the fame time, of 
 his abundant clemency, recommend- 
 ing a compenfation to the fuiFerers 
 in their property, with fuch a conduft 
 in general, ?s mall be, at this great 
 crifis, the bed means of fixing the 
 mutual intereft and inclination of 
 Great Britain and her colonies, on 
 the moft firm, and folid foundation. 
 
 From a grateful fenfe of his Ma- 
 jelly's grace and clemency, in order 
 to promote internal peace and fafety, 
 to make compenfation to faid fufferers, 
 and as a means, fo far as it is in our 
 power, of demon ftrating to all the 
 world, our fenfe of the hanpinefs we 
 enjoy, in being a part of the Britifh 
 
 empire, 
 
PRIOR DOCUMENTS. 
 
 '35 
 
 empire, and being intitled to the 
 rights, liberties, and privileges of 
 Britiih fubjefts, We, his Maj city's 
 molt dutiful and loyal fubjects, the 
 Reprefentatives of the Commons of 
 this province, in the Great and Ge- 
 neral Court, affembledof our free and 
 good will, have refolved to give and 
 grant, and pray that it may be 
 enacted. 
 
 And be it accordingly enacted, by 
 the Governor, Council, and Houfe of 
 Reprefentatives, that there be grant- 
 ed and paid out of the public treafury 
 of this province, to the Hon. Thomas 
 Hutchinfon, Efq; the fum 0^.3194 
 17^. 6d. in full compenfation for the 
 loffes and fufferings that he, and the 
 feveral perfons in his family, fuitain- 
 cd in the late times of confufion. 
 
 To the Hon. Andrew Oliver, Efq; 
 the fum of .172 4-r. 
 
 To Benjamin Hallowell, jun. Efq; 
 the fum of ^.385 6s. icd. 
 
 To William Story, Efq; the fum 
 of .6~ Ss. i od. in full compenfation 
 for their loffes and fuiFerings, in the 
 late times of confufion. 
 
 And be it further enacted, that all 
 riots, routs, and unlawful aiTemblies, 
 councelled, commanded, acted, done, 
 or made within this province, between 
 the lit day of September, 1765, and 
 the lit day of May, 1766, and 
 all burglaries, felonies, refcues, and 
 breaches of the peace whatfoever, 
 committed in, by, or during fuch 
 riots, routs, or unlawful afftfmblies, 
 be, and hereby are pardoned, re- 
 leafed, indemnified, difcharged, and 
 put in utter oblivion, and that all and 
 every the perfon or perfons, acting, 
 advifmg, affiiting, abetting, andcoun- 
 felling the fame, be, and are hereby 
 pardoned, releafed, acquitted, indem- 
 nified and difcharged from the fame, 
 and of, and from all pains of death, 
 and other pains, judgments, indict- 
 ments, convictions, penalties, and 
 forfeitures, are hereby declared null 
 and void. 
 
 And be it further enacted, that any 
 
 perfon indicted or prefented, or in any 
 manner profecuted, or that mail, or 
 may be hereafter indicted* prefented, 
 or in. any manner profecuted, or that 
 mail, or may be hereafter indicted, 
 prefented, or in any manner profe- 
 cuted for any of the offences by thi* 
 act pardoned, may plead the general 
 iffue, and give this act in evidence, 
 which mail be fufficient to acquit 
 him. 
 
 Provided, that nothing in this act 
 contained, mall extend to the par- 
 doning, or give any benefit whatever 
 to any perfon who is, or may be un- 
 lawfully poffeffed of any goods or 
 chattels, taken or ftolen from any 
 perfon, unlefs the poffeffor mall, with- 
 in thirty days after the publication of 
 this act, have furrendered and deliver- 
 ed them up to the province treafurer, 
 for the ufe of the province. 
 
 Provided alfo, that nothing in this 
 act mall extend to the carrying any 
 civil action of trefpafs for damages 
 fuitained by any perfon, not by this 
 act compen fated, nor to the pardon- 
 ing any of the crimes or offences 
 above-named, wherein any burglaries, 
 arfons, or thefts were committed 
 againit the properties of any perfons, 
 not compenfated by this act. v 
 
 Extra*! of the Minutes of the Proceedings 
 of ihc CommiJJioners for Trade ana 
 Plantation^ jo far as relates to the 
 dft pajjed in the Province of the 
 Ma/achufetfi Bay, in December, 
 1706, intituled, 
 
 " An Act for granting Compenfation 
 to the Sufferers, and of free and 
 general Pardon, Indemnity, and 
 Oblivion, to the Offenders in the 
 late Times." From the Time of 
 the Receipt of the faid Act. 
 
 (No. II.) 
 At a meeting of his Majeiiy's Com- 
 
 miilioners for Trade and Plantations, 
 
 on Tuefday, March 10, 1767. 
 Prefent Lord Clare, Mr. Jenyns, 
 
 Mr. Roberts, Mr. Fitzherbert, Mr. 
 
 Rice, Mr. Dyfon, Mr. Robinfon. 
 
 The 
 
136 
 
 PRIOR DOCUMENTS. 
 
 The Secretary laid before the Board 
 the following papers, which were this 
 day received from the Secretary of 
 the Province of Maflachufett's Bay ; 
 vjz. Two Afts parted in 1766. 
 
 Ordered, That the Secretary do 
 forthwith communicate to the Secre- 
 tary to the Earl of Shelburne, for his 
 Lotdmip's information, the aft of 
 compenfadon to the fufferers by the 
 diilurV nces at Boilon, in Auguil, 
 
 1765, and for indemnity to thofe 
 concerned in the faid diiiurbances. 
 
 CLAIIE. 
 
 At a meeting of his Majeily's Com- 
 mifiion^rs for Trade and Plantations, 
 on Tu/ifday, March 12, 1767. 
 
 PreTent Lord Clare, Mr. Jenyns, 
 Mr. Dyfon, Mr. Roberts, Mr. Fitz- 
 herbert. 
 
 The Secretary acquainted the Board 
 that he had, purfuant to their order, 
 communicated to the Earl of Shel- 
 burne's Secretary, the Aft parted in 
 Maflachufett's Bay, in December, 
 
 1766, for Compenfation and In- 
 demnity. 
 
 Their Lord mips took into confi- 
 deration the law parted in the province 
 of Maflachufett's Bay, in December, 
 1766, for Compenfation to the Suf- 
 ferers by the Diiiurbances at Boilon 
 in 1765, and for Indemnity, &c. and 
 the faid law appearing to be of a new 
 and extraordinary nature and im- 
 portance, it was ordered that it fliould 
 be referred to his Majeily's Attorney 
 and Solicitor- General, for their opi- 
 nion upon it. CLARE. 
 
 At a meeting of his Majeily's Com- 
 miifioners for Trade and Plantations, 
 on Monday, April 13, 1767. 
 
 Prefent Lord Clare, Mr. Jenyns, 
 Mr. Dyfon, Mr. Rice, Mr. Fiiz- 
 herbert, Mr. Robinfon. 
 
 The Secretary laid before the Board 
 a report of his Majefty's Attorney and 
 Solicitor-General, dated the lothin- 
 flant, upon the aft parted in the pro- 
 vince of the Martachufett's Bay in 
 December laft, intituled, An Aft for 
 Compenfation to the Sufferers by the 
 
 Difturbances at Boilon in 1765, and 
 for Indemnity, &c. Their Lordfliip 
 took the faid aft and report into con- 
 lideration, and having agreed upon a 
 reprefentation to his Majefty there- 
 upon, a draught of fuch reprefentation 
 was prepared, approved, tranfcribed, 
 and figned. CLARE. 
 
 Copy of a Letter from John Pownall, 
 'Efq\ to his Majcfty^s Attorney and 
 Sollicitor-General, dated Whitehall, 
 March 13, 1767, defer ing their Opi- 
 nion upon an Aft paffed in the Maf- 
 fachujerfs Bay, in December, 1766, 
 intituled^ 
 
 " An Aft for granting Compenfation 
 to the Sufferers, and of free and 
 general Pardon, Indemnity, and 
 Oblivion, to the Offenders in the 
 late Times." 
 
 (No. III.) 
 
 Whitehall, March 13, 1767. 
 Gentlemen, 
 
 As the law herewith inclofed, 
 parted in the province of the MafTa- 
 chufett's Bay, in December, 1766, 
 appears to the Lords CommiiTioners 
 for Trade and Plantations, to be of a 
 new and extraordinary nature and im- 
 portance, I am direfted by their lord- 
 fhips to defire you will be pleafed to 
 take it into confideration, and to fa- 
 vour them with your opinion, whether 
 the legiflature of that province have, 
 by their conflitution, a power to enaft 
 a law of general pardon, indemnity, 
 and oblivion, in the cafe to which it 
 refers, without the previous confent 
 of the crown. I am, with great 
 refpeft, Gentlemen, your moil obe- 
 dient, humble fervant, J. POWNALL. 
 o William de Grey and Edward 
 Willes t Efqrs. his Majeftfs At- 
 torney and Sol licit or Generals. 
 
 Copy of a Report of his Majeftfs At- 
 torney and Sollicitor-Gcneral, dated 
 April 10, 1767, on an Aft pajj/ed in 
 the Province of the Maffachu felt's 
 Bay, on the &th of December y '766, 
 intituled ', " An Aft for granting 
 Compenfation 
 
PRIOR DOCUMENTS. 
 
 Compenfation to the Sufferers, and 
 of free and general Pardon, In- 
 demnity, and Oblivion, to the Of- 
 fenders in the late Times." 
 
 (No. IV.) 
 
 To the Right Hon. the Lords Commif- 
 Jiomrs for Trade and Plantations. 
 
 May it pleaj'e your Lordjhips, 
 In obedience to your lordfhips com- 
 mands fignified to us by Mr. Pownal's 
 letter of the 131!! of March laft, in- 
 cloiing to us a law paffed in the pro- 
 vince of Maffachufett's Bay, in De- 
 cember, 1766, appearing to your 
 lordfhips to be of a new and extraor- 
 dinary nature and importance, and 
 defiring us to take it into our con- 
 fideration, and report our opinion, 
 whether the legiflature of that pro- 
 vince have, by their conftitution, a 
 power to enaft a law of general 
 pardon, indemnity and oblivion, in 
 the cafe to which it refers, without 
 the previous confent of the crown. 
 We have taken the fame into our 
 confideration, and are of opinion, 
 that the Governor, Council, and Af- 
 fembly of the Maffachufett's Bay, 
 have not, by the conftitution of that 
 province, any original power to enacl: 
 a law of general pardon, indemnity, 
 a"nd oblivion, in the cafe referred to, 
 without the previous communication 
 of the grace and pleafure of the 
 crown. 
 
 All which is humbly fubmitted to 
 your Lordfhips' confideration. 
 
 W. DE GREY, 
 E. WILLES. 
 
 Whitehall, April 13 , 1767. 
 Copy of a Reprefentation of the Com- 
 mijfjioners for frade and Plantations, 
 to his Majefty, dated Whitehall, 
 April 13, 1767, on an A3 pajjed in 
 the MaJJachufett's Bay, in Decem- 
 ber, 1766, intitled, '* An Aft for 
 granting Compenfation to the Suf- 
 ferers, and of free and general 
 Pardon, Indemnity, and Oblivion, 
 to the Offenders in the late 
 Timea:" 
 
 (No. V.) 
 
 To the King's Moft Excellent Majefty. 
 
 May it pleafeyour Majefty, 
 We have had under our confi- 
 deration an aft paffed in your Majefty's 
 province of Maffachufett's Bay, 'in 
 New-England, on the 6th of De- 
 cember, 1766, intituled, " An Aft 
 for granting Compenfation to the 
 Sufferers, and of free and general 
 Pardon, Indemnity, and Oblivion, to 
 the Offenders in the late Times." 
 
 As this aft appeared to us to be of 
 an extraordinary nature and impor- 
 tance, we thought it our -duty imme- 
 diately, to refer it to the confideration 
 of your Majefty's Attorney and Sol- 
 licitor General, defiring their opi- 
 nion, whether the legiflature of that 
 province have, by their conftitution, 
 a power to enacl a law of general 
 pardon, indemnity, and oblivion, in 
 the cafe to which this aft refers, 
 without the previous confent of the 
 crown ; and your Majefty's Attorney 
 and Sollicitor General, having, on 
 the loth inftant, reported to us their 
 opinion, " That the Governor, Coun- 
 cil, and Aflembly of the Maffachufett's 
 Bay, have not, by the conftitution of 
 that province, any original power to 
 enacl: a law of general Pardon, In- 
 demnity, and Oblivion, in the cafe 
 refered to, without the previous com- 
 munication of the grace and pleafure 
 of the crown." We do, upon a con- 
 fideration of this report, agree in 
 opinion with them, and humbly beg 
 leave to lay the faid aft before your 
 Majefty, fubmitting it to your Ma- 
 jefty to take fuch meafures thereupon, 
 as your Majefty, in your great wLdom, 
 and with the advice of your Council, 
 mall think moft proper. 
 
 Which is moft humbly fubmitted. 
 Clare Wm. Fitzherbert 
 
 Soame Jcnyns Tho'. Robinfon, 
 George Rice 
 
 Copy of a Reprefentation of the Lords 
 
 CcmmiJJicner, for Trade and Plan* 
 
 tations, dated the l^th of April, 
 
 1767, upc-n the Mejfachi'.jett' s dtf, 
 
 T for 
 
13* 
 
 PRIOR BO 
 
 for grpnfhg Cornptnfalisn to the Suf- 
 ferers, fcfr. 
 
 (No. I.) 
 
 To the King's Mojl Excellent Maje/fy. 
 May it phafe your Maje/ty, 
 
 We have had under our confi- 
 deratkm an aft patted in your 
 jefty's province of the MafTachufett's 
 Bay, HI New England, on the 6th of 
 December, 1766, intituled, 
 
 " An Aft for granting Compen- 
 iation to the Sufferers, and of 
 free and general Pardon, In- 
 demnity, and Oblivion, to the 
 Offenders in the late Times." 
 
 As this aft appeared to us to be 
 of an extraordinary nature and im- 
 portance, we thought it our duty im- 
 mediately to refer it to the confi- 
 deration of your Majefty's Attorney 
 and Sollicitor General, defiring their 
 opinion, whether the legiflature of 
 that province, have, by their con- 
 ftitution, a power to enaft a law of 
 general Pardon, Indemnity, and Ob- 
 livion, in the cafe to which this aft 
 refers, without the previous confent 
 of the crown ? And your Majefty's 
 Attorney and Solicitor- General, ha- 
 ving, on the loth inftant, reported 
 to us their opinion, " That the Go- 
 vernor, Council, and AfTembly of the 
 Maflachufett's Bay, hnve not, by the 
 conftitution of that province, any 
 original power to en ail a law of ge- 
 neral Pardon, Indemnity, and Ob- 
 livion, in the cafe referred to, without 
 the previous communication of the 
 grace and pleafure of the crown." 
 We do, upon a confideration of thi; 
 report, -agree in opinion with them, 
 and humbly beg leave to lay the faid 
 aft before \ our Majefty, fubmitting 
 it to your Majefty, to take fuch mea- 
 fures thereupon, as your Majefty, in 
 your great wildom, and with the 
 advice of your Council, fiiall think 
 jnoft proper. 
 
 Which is moft humbly fubmitted. 
 Clare Wm. Fitzherbert 
 
 Soame Jenyna Tho s . Robinfon. 
 George Rice 
 Whitehall > April 13, 1767, 
 
 c u 
 
 L. S. 
 
 M E N T S. 
 
 - /V 5 * Bernard. 
 
 By his Excellency Francis 
 Bernard, Efq; Cap- 
 tain General and Go- 
 vernor in Chief, in, 
 and over his M.ajefty's 
 Province of the Maf- 
 fackufett's Bay, in 
 Neiv - England, and 
 Vice- Admiral of the 
 fame. 
 
 I do hereby certify, that the Great 
 and General Court, or AfTembly of 
 his Majefty's province of the MafTa- 
 chufett's Bay, abovefaid, did at their 
 feflion begun, and held at Bofton, 
 upon Wednefday the 28th day of 
 May, 1766, and continued by fundry 
 prorogations to Wednefday the 2pth 
 day of October following, and then 
 met, make, and pafs an act, intituled, 
 " An Aft for granting Compenfation 
 to the Sufferers, and of free and ge- 
 neral Pardon, Indemnity, and Oblivi- 
 on, to the Offenders in thelateTimes," 
 Paffed by the Reprefentatives, De- 
 cember 6, 1766. 
 ParTed by the Council, ditto. 
 Signed by the Governor, ditto. 
 
 And I do further certify, that the 
 paper annexed is a true and authentic 
 copy of the aft, or law aforementioned. 
 In teftimony whereof, I have caufed 
 the public feal of the province of Maf- 
 fjichufett's Bay aforefaid, to be here- 
 unto affixed, dated at Bofton the 2-th 
 day of December, 1766, in the 7th 
 year of his Majefty's reign. By his 
 Excellency's command, 
 
 A. OLIVER, Secretary. 
 Copy cf the Aft mentioned in tie afore- 
 going Reprejcntation (No. I.) pajjed 
 in Majj'achufctfsBay, Dec. 6, 1766. 
 
 (No. II.) 
 
 An Afl pajjed ly the Great and General 
 Court, or Ajjemlly, of his Maje/fy's 
 Province of the M ajfr. chit] erf s Bay, 
 in Ne-~w- England, begun and held at 
 Bo/Ion, upon Wednefday the 2%tb Day 
 of May, 1766, and from thence con- 
 tinued by feveral Prorogations, to 
 Wedne/day the 2gth Day of October 
 and then met. 
 
 An 
 
PRIOR DOCUMENTS. 
 
 * An Act for granting Compenfation 
 to the Sufferers, and of free and 
 general Pardon, Indemnity, and 
 Oblivion, to the Offenders in the 
 late Times." 
 
 Whereas the King's moft Excellent 
 Majefty, taking into his gracious and 
 ferious confideration, the troubles, 
 difcords, tumults, and riots that have 
 lately happened in America, and that 
 divers of his fubjects have thereby 
 greatly fuffered in their property, and 
 others have fallen into, and are ob- 
 noxious to great pains and penalties, 
 out of a hearty and pious defire that 
 fuch fufferers be compenfated, and to 
 put an end to all fuits, controverfies, 
 and profecutions, that by occafion of 
 the late diffractions have arifen, or 
 may arife between any of his Ma- 
 jefty 's fubjects, and to the intent that 
 a veil may be drawn over the late un- 
 happy exceffes, has been gracioufly 
 pleafed to fignify his defire to forgive 
 and forget them, at the fame time, of 
 his abundant clemency, recommend- 
 ing a compenfation to the fufferers in 
 their property, with fuch a conduct 
 in general, as mail be at this general 
 erifis, the beft means of fixing the 
 mutual intereft and inclination of 
 Great Britain and her Colonies, on 
 the moft firm and folid foundations. 
 
 From a grateful fenfe of his Ma- 
 jefty's grace and clemency, in order 
 to promote internal peace and fafety, 
 to make compenfation to faid fuf- 
 ferers, and as a means, fo far as it is 
 in our power, of demonftrating to all 
 the world our fenfe of the happinefs 
 we enjoy, in being a part of the 
 Britifh empire, and being in titled to 
 the rights, liberties, and privileges of 
 Britifh fubjefts. We his Mujefty's 
 moft dutiful and loyal fubjects, the 
 Representatives of the Commons of 
 this Province, in the Great and Ge- 
 neral Court aiiembled, of our free and 
 good will, have relblved to give and 
 grant, and pray that it be enacted. 
 
 And be it accordingly enacted, by 
 the Governor, Council, and Houfe of 
 
 Reprefentatives, that there be granted 
 and paid out of the public treafury of 
 this Province, to the Hon. Thomas 
 Hutchinfon, Efq; the fum of .3194 
 17.?. 6d. in full compenfatio.n for the 
 lofTes and fufferings that he, and t":e 
 feveral perfons in his family fullained, 
 in the late times of cbnfufion. 
 
 To the Hon. Andrew Oliver, Efq; 
 the fum of.ijz 4^. 
 
 To Benjamin Hallowell, jun. the 
 fum of .385 6s. icd. 
 
 To William Story, Efq; the fura 
 of ..67 8s. i od. in full compenfation 
 for their lofles and fufferings, in the 
 late times of confufion. 
 
 And be it further enacted, that all 
 riots, routs, and unlawful aflemblies, 
 councclled, commanded, acted, done, 
 or made within this province, between 
 the i ft day of Auguft, 1765, and the 
 lit day of May, 1766, and all bur. 
 glaries, felonies, reicues, and breaches 
 of the peace whatsoever, committed 
 in, by, or during fuch riots, routs, 
 and unlawful aflemblies, be, and are 
 hereby pardoned, releafed, indemni- 
 fied, difcharged, and put in ntter ob- 
 livion, and that all and every the 
 perfon or perfons, acting, advifing, 
 affifting, abetting, and counce'ling 
 the fame, be, and are hereby par- 
 doned, releafed, acquitted, indem- 
 nified, and difcharged from the fame, 
 and of, and from all pains of death, 
 and other pains, judgments, incjict- 
 ments, convictions, penalties, and 
 forfeitures, therefore had or given, or 
 that might accrue for the fame, and 
 that fuch indictments, convictions, 
 and forfeiture*, are hereby declared 
 null and void. 
 
 And be it further enacted, that any 
 perfon indicted or prefented, or in 
 any manner profecuted, or that mall, 
 or may be hereafter indicted, pre- 
 fented, or in any manner profecuted 
 for any of the offences by this aft par- 
 doned, may plead the general iflue, 
 and give this act in evidence, which 
 fhall be fuffkient to acquit him. 
 
 T 2 Provided, 
 
PRIOR DOCUMENTS, 
 
 Provided, that nothing in this aft 
 contained, fhall extend to the par- 
 doning, or give any benefit whatever 
 to any perfon who is, or may be un- 
 lawfully poffeffed of any goods or 
 chattels, taken or ftolen from any 
 perfon, unlefs the poffefTor fhall, 
 within .thirty days alter the pub- 
 lication of this aft. have furrendered 
 and delivered them up to the Province 
 tree furer, for the ufe of the province. 
 
 Provided alfo, that nothing in this 
 aft contained, fhall extend to the 
 barring any civil action of trefpafs for 
 damages fuftained by any perfon not 
 by this aft compenfated, nor to the 
 pardoning any of the crimes or of- 
 fences above-named, wherein any bur- 
 glaries, arfons, or thefts were com- 
 mitted againft the properties of any 
 peribns not compenfated by this aft, 
 
 Copy of his Majefty's Order in Council, 
 
 dated April 13, 1767, referring to 
 
 the Lords of the Committee of Council, 
 
 the aforegoing Reprefentation and Aci* 
 
 ' (No. I1L) 
 
 At the Court at St. James, 
 
 April 13, 1767. 
 PRESENT, 
 The King's M<ft Excellent Majejly in 
 
 Council* 
 
 Upon reading at the Board, a re- 
 prefentation from the Lords Commif- 
 Jioners for Trade and Plantations, 
 dated this day, upon an aft paffed in 
 his Majefty's Province of the MafTar 
 chufett's Bay, in New-England, on 
 the 6th of December, 1766, intitled, 
 ff An Aft for granting Compen- 
 fation to the Sufferers, and of 
 free and general Pardon, In- 
 demnity, and Oblivion, to the 
 Offenders in the late Times." 
 Which aft had not, till this day, 
 been laid before the Council Board 
 It is ordered by his Majefty in Coun- 
 cil, that the faid reprefentation and 
 aft be, and they are hereby referred 
 to the Right Hon. the Lords of the 
 Committee of Council for Plantation 
 Affairs, to confider the fame, and 
 
 report their opinion thereupon to his 
 Majefty at this Board. 
 
 Copy of the Report of the Lords of the 
 
 Committee of Council, dated May 9, 
 
 1767, upon confider ing the aforegoing 
 
 Reprefentation and Ad. 
 (No. IV.) 
 
 At the Council-Chamber, White- 
 hall, May 9, 1767. 
 2y the Right Hon. the Lords of the 
 
 Committee of Council for Plantation 
 
 Affairs. 
 
 PRESENT, 
 Lord Chancellor Vifc. Barringto* 
 Lord Prefident Vifcount Clare 
 Duke of Grafton Lord North 
 Duke of Bolton Lord Sandys 
 Duke of Ancafter Mr. Speaker 
 Lord Steward J. Stuart Macken- 
 Earl of Denbigh zie, Efq; 
 Earl of Chclmon- Mr. Sec. Conway 
 
 deley Mr. Chancellor of 
 
 E, of Marchmont the Exchequer 
 EarlofBriftol Welb. Ellis, Efq; 
 Earl of Harcourt Hans Stanley, Eiq; 
 E.ofHillfborough L. C. J. Wilmot 
 EarlofShelburne Ifaac Barre, Efq; 
 Vifcount Howe 
 
 Your Majefty having been pleafed 
 by your order in Council, of the 13th 
 of laft month, to refer unto this 
 committee a reprefentation of the 
 Lords Commiflioners for Trade and 
 Plantations, touching and concerning 
 an aft paffed by the Great and Ge- 
 neral Court, or Affembly of your 
 Majefty's Province of the MafTa- 
 chuiett's Bay, in New-England, on 
 the 6th day of December, 1766, in- 
 tituled, 
 
 " An Aft for granting Cornpen- 
 fation to the Sufferers, and of 
 free and general Pardon, In- 
 demnity, and Oblivion, to the 
 Offenders in the late Times.-" 
 
 The Lords of the Committee, in 
 obedience to your Majefty's faid order 
 of reference, did on the ift and 4th 
 of this initant, and again upon this 
 day, meet, and take the faid repre- 
 fentation and aft into their con- 
 fideration,. 
 
PRIOR DOCUMENT 
 
 H* 
 
 Duke of Argyle L. Berkley of Strat- 
 Marq. of Granby ton 
 Lord Steward Lord Bathurft 
 L. Chamberlain Lord Sandys 
 Earl of Denbigh Mr. Treafurer of 
 E. of Shaftefbury the Houfehold 
 Earl of Litchfield J. Stewart Mack- 
 E.of Marchmont enzie, Efq. 
 Earl of Briftol Wellb. Ellis, Efq. 
 Earl of Harcourt Sir Gilbert Elliot 
 Earl of Ilchefter Mailer of the Rolls. 
 Earl of Beiborough 
 
 Upon reading at the Bonrd a report 
 of the Right Hon. the Lords of the 
 Committee of Council for Plantation 
 AiTairs, dated the gth of this inflant, 
 in tlie words following, viz. 
 At the Council-Chamber, Whitehall, 
 
 having obtained your Majefty's pre- May 9, 1767. 
 
 vious confent to fuch act of Pardon By tie "Right tlunourabU the Lords of 
 And that it may likewife be advifeable 
 for your Maj-fty to direct your Go- 
 vernor of the MalTachufett's Bay, forth- 
 with to require the faid aft of Af- 
 fembly to pafs a particular and ef- 
 fectual aft for compenfating all or 
 any of the fufferers, unmixed with 
 any other matter vvhatfoever, in cafe 
 fuch compenfation mail not haye been 
 already made And the Committee 
 fubmit this opinion to your Majefty, 
 without prejudice to the confideration 
 of any queftion touching the nullity 
 of the acl now under confideration, 
 ah initio, whenever the fame may jur^ 
 dicially come into queftion. 
 
 fideration, together with the charter 
 granted to the faid Province, by your 
 Majefcy's royal predeceflbrs, King 
 William and Queen Mary, and alio 
 your Majefty's commiflion and in- 
 ftrudlion to the prefent Governor of 
 that Province, and upon a due deli- 
 beration had thereupon, and after a 
 diligent enquiry into the precedents of 
 the conduft of the Council Board, in 
 fimilar cafes, their Lordfliips are 
 humbly of opinion, that it may be 
 advifeable for your Majefty (if in 
 your royal wifdom you mall think fit) 
 to difallow and reject the faid acl, the 
 faid Affembly having theiein unwar- 
 rantably v corporated an acl of Pardon 
 with an ac~t of Compensation, without 
 
 the Committee of Council for Plantation 
 
 Affairs. 
 
 PRESENT, 
 Lord Chancellor Vifc. Barr'ngtoa 
 Lord Prefident Vifcount Clare 
 D. of Grafton Lord North 
 Duke of Bolton .^Lord Sandys 
 Duke of Ancafter-.Mr. Speaker 
 Lord Steward J. Stuart Macken- 
 Earl of Denbigh r,ie, Efq; 
 E of Cholmon- Mr. Seer. Conway 
 deley 'Mr. Chancellor of 
 
 Copy of his Majepy's Order in Coynfil> 
 dated May 13, 1767, approving of 
 the aforegoing Report of the Lords of 
 the Committee of Council. 
 
 (No. V.) 
 At the Court at St. James's, ths I yh 
 
 cf May, 1767. 
 PRESENT, 
 The King's Mojl Excellent Majefty. 
 HisR. H.theD. E. of Hillfborough 
 of York Earl of Shelburne 
 
 A. of Canterbury Vifc. Falmouth 
 Lord Prefident Vifc. Barrington 
 Duke of Bolton Vifc. Clare 
 p. of Queen (bury Bifhop of London 
 
 E. of Marchmont the Exchequer 
 E. of Briftol Wellb. Ellis, Efq; 
 
 Hans Stanley, Eiq; 
 L. C. J. Wilmot 
 Ifaac Biirre. 
 
 Earl of Harcourt 
 E.ofHililborough 
 K. of Shelburne 
 Vifc. Howe 
 
 . Your Majefty having been pleafed, 
 by your order in Council of the i jth of 
 laft month, to refer unto thisCommittee 
 a representation of t!ie Lords Coni- 
 miiTioners for Trade and Plantations, 
 touching, and concerning an aft 
 patted by the Great and General 
 Court, or Affembly of your Majefty's 
 Province cf the MaiTachufett's Bay, 
 in New-England, en the 6th of De- 
 cember, 1766, intituled, 
 
 <f An Aft for granting Compcn- 
 fation to the Suffcreis, and of 
 free and general Pardon, In- 
 demnity, 
 
PRIOR DOCUMENTS, 
 
 clemnity, and Oblivion to the 
 Offenders in the late Times." 
 
 The Lords of the Committee, in 
 obedience to your Majefty *s faid order 
 of reference, did on the ift and 4th 
 of this inftant, and again, upon this 
 day meet and take the faid repre- 
 fentation and aft into their confide- 
 ration, together with the charter 
 granted to the faid Province, ^by 
 yoarMajefty's royal predeceflbrs, King 
 William and Queen Mary, and alfo 
 yom Majcfty's commiflion andirifthic- 
 tions to the prefer t Governor of that 
 Province, and upon due deliberation 
 had thereupon, and after a diligent 
 enquiry into the precedents of the 
 conduct of the Council Board., in 
 fimilar cafes, their Lordmips are 
 humbly of opinion, that it may be 
 advifeable for your Majeily (if in your 
 royal wifdom you (hall think fit) to 
 difal'ow and reject the faid at, the 
 {sid Affernbly having therein unwar- 
 rantably incorporated an aft of Par- 
 <km with an ad of Compenfation, 
 without having obtained your Ma- 
 jefty's previous confent to fuch act of 
 Pardon : And that it may likewife b.e 
 advifeable for your Majefty to direft 
 year Governor of the MafTachafettV 
 Bay forthwith, to require the faid 
 Affembly to pafs a particular and ef- 
 feftua! aft for compenfating all, or 
 any of the Sufferers, unmixed with 
 any other matter whatfoever, in cafe 
 fuch compenfation (hall not have been 
 already made And the Committee 
 fiibmk this opinion to your Majefty, 
 without any prejudice to -the confi- 
 deration of any queftion touching the 
 nullity of the aft now under confe- 
 deration, eib initioy whenever the fame 
 may judicially come into queftion. 
 
 His Majeily this day took the faid 
 report into confideration, and was 
 pie." fed, with the advice of hb Privy 
 Council, to approve thereof, and ac- 
 cordingly to order that the faid act be, 
 and it is hereby difallowed and re- 
 jetS^d, and his Majefty doth hereby 
 farther order, that the Governor, 
 
 Lieutenant-Governor, or Commander 
 in Chief of the Province of the Maf- 
 fachufett's Bay, do forthwith require 
 the faid AfTembly to pafs a particular 
 and effectual aft for compenfating all 
 or any of the fufferers, unmixed widi 
 any other matter whatfoever, in cafe 
 fuch compenfation (hall have been 
 already made. 
 
 Copy of Major General Gage's Letter t ' 
 the Secretary at War. 
 
 New-York, Otf. II, 1766. 
 (No. V.*) 
 
 lly L^d t 
 
 I have ufed all endeavours t;o tranf. 
 mit to you the eftimates of North- 
 America by the preient opportunity, 
 and have the honor to fend herewith 
 fixteen different eftimates of the or- 
 dinary contingent military expences, 
 and three of extraordinary contingent 
 expences, with an abftraft of the 
 whole. There yet remains to be fent 
 the eftimaes of Weft- Florida, and 
 that of the Quarter-inafter s depart- 
 ment in che diftrift of Albany - ooth 
 have been, wrote for frequently, and 
 will be forwarded to your Lordfhip as 
 foon as they can be obtained. The 
 engineers are not yet come in from 
 the out-pofts, nor the naval people 
 from the L,akes ; *f any thing mail 
 appear farther neceffary to be done in-. 
 repairs, or to ftrengthen ourfelves in 
 thofe pajte, particular eftimates there- 
 of will be tr,anfiTiitted hereafter. 
 
 For a long time pa ft I have been 
 examining and curtailing expences as 
 much as could be, in every part under 
 my command, and the eftimates now 
 tranfrnitted, 1 believe to be as exaft 
 as they can be made at an average, 
 to ascertain the annual contingent 
 military expences of North America, 
 wanting only {o complete the whole 
 of the estimates' already mentioned, 
 from Weft-Florida and Albany. 
 
 There appears in the eftimate from 
 Hallifax, a great number of ftore- 
 houfes to be repaired ; I have wrote 
 to the officer Commanding, to difpofe 
 
!P R i O R DOCUMENTS. 
 
 '43 
 
 of any that (hall not be abfolutely 
 Want6d for the fervice. 
 
 In the Quarter-Matter General's 
 department, the article of building 
 boats at Fort Pitt is heavy, but that 
 bufmefs was examined and enquired 
 into before it was undertaken, and 
 the crown pays the fame prices as 
 every trader upon the Ohio ; but the 
 moil weighty article, is the tranf- 
 portation of provifions and ftores from 
 Fort Pitt to Fort Chartres. This is 
 put down to mew the expence that 
 will be incurred, if the neceffity of 
 the fervice mall oblige me to forward 
 provifions, fufficient for the feeding 
 of a regiment for twelve months, with 
 their cloathing, &c. and that no af- 
 fiftance can be got from the country 
 in the article of provifion. This year 
 a large quantity of provifions has been 
 procured there ; if their harveft has 
 been good, a further fupply will be 
 got next year, by which confiderable 
 tranfportations will be faved ; and 
 opportunities have offered this year, 
 which has enabled me to make further 
 favings. The recruits which arrived 
 for the 34th regiment have been em- 
 ployed in the tranfportation, in lieu 
 of batteaa men, and though to be 
 allowed fome gratuity for the wear of 
 their neceffaries, it will be far fhort 
 of the wages of the others. Upon 
 the whole, this article muft be un- 
 certain, but the fupplying a regiment 
 at the Ilinois is fo very expensive, 
 that I mull ufe every means in my 
 power that can reduce it. 
 
 The payment of the two troops cf 
 Rangers in Georgia, is included in 
 the contingent expences, as I don't 
 know whether provifion is made for 
 them with the reft of the army, or 
 not. They are not paid out of the 
 contingencies, but by warrants on the 
 Deputy Pay-mailer General, as the 
 other troops are paid. 
 
 It was remarked with the eflimates 
 fent laft year, that the Superinten- 
 dants of the Northern and Southern 
 
 Indians, drew upon the Commander, 
 in Chief for their falaries, as well as 
 for ^ the falaries of all the officers in 
 their refpeclive departments, and their 
 other contingent expences ; but that 
 I could not fend their eflimates, as 
 they were tranfmitted to the Board of 
 Trade. 1 have, however, defired Sir 
 William Johnfon and Mr. Steuart, to 
 fend me a lift of all their- deputies, 
 commifTaries, interpreters, fmiths, &c. 
 with their annual pay. As foon as I 
 mail be able to procure thefe lifts, 
 they will be forwarded to your Lord- 
 fhip. 
 
 Your Lordfhip will pardon my 
 errors from the hurry I write in, to 
 be in time for the mail ; which being 
 very near clofing, will not permit me 
 to make further obfervations at pre- 
 fent. If any occur hereafter, I mail 
 have the honor to mention them by 
 another opportunity. I have the 
 honor to be with great truth, refpeft, 
 and efteem, my Lord, your Lord- 
 fhip's moil obedient, and moft hum- 
 ble fervant, 
 
 THOMAS GAGE. 
 
 Extraci of a Letter from Major General 
 Gage to Lord Barrington. 
 Xevj.York, Q Sober 28, 1766. 
 
 (No. VJ.) 
 
 I take the opportunity of a private 
 (hip, to tran iinit your Lordfliip the 
 eftimates of the Deputy Quarter* 
 Mailer General's department in the 
 diftri&s of Albany, and of the ex- 
 pences for the repairs and contin- 
 gencies of Fort Amherft, in the ifland 
 of St. John's, both whieh arrived too 
 late for the laft packet ; and I had 
 omitted to take notice of the laft in 
 my letter, with the other eftimates 
 fent by that opportunity. The efti- 
 mate of Weft Florida, I hope, may 
 be tranfmitted to your Lordfliip di- 
 re&ly from thence, which I directed 
 to fave time, as alfo that a duplicate 
 might be fent here. 
 
 Some 
 
144 
 
 PRIOR DOCUMENTS. 
 
 Some expences will probably be in- 
 curred at the Ilinois, the eftiinates of 
 which have been wrote for long ago, 
 but I can't expect any clear account 
 of that pod, 'till the chief engineers,, 
 whom I fent there, and down the 
 MifTifippi, in the fpring, mall return 
 to me. 
 
 In the eftimate of the Barrack- 
 Mailer General, the yearly fum to 
 be allowed contractors, for keeping 
 up and repairing the furniture of the 
 barracks for twenty years, is inferted, 
 though no contract has as yet. been 
 entered into. As foon as any pro- 
 pofals fhall be made on this head, 
 they will be tranfmitted to the Lords 
 Commiflioners of his Majsily's Trea- 
 fury. A fum is" likewife charged in 
 the above eftimate, for a compleat 
 new fet cf furniture for the whole 
 barracks in North- America, which in 
 general, was much wanted. From 
 comparing thefe two furns, the Board 
 of Treaiury will be able to form a 
 judgment of the contract, according 
 to the propofals on this head already 
 fent by the Barrack-Mafter General. 
 
 I iikewife herewith inclofe a lilt of 
 the fuperint^iidaiiti, deputies, ccm- 
 miffaries, interpreters, and Smiths, 
 for the managements of Indians in 
 the northern diftrict of North- Ame- 
 rica, according lo what is there called 
 the new plan, which I prefume to be 
 a plan fetrled with the Board of 
 Trade, and may b^ properly called 
 the Indian Stnff for tae northern 
 diftrict. As foon as Mr. Steuart, the 
 Superintend am of the foiuhcrn In- 
 dians, fends rne the Hail" of his 
 diftrict, it will be tranfmitted lo your 
 Lordlhip ;- both the Superin tenants 
 draw upon the Commander in Chief 
 for their falaries of all their IbfF, as 
 well as their other expences, eiKrnates 
 of which I have already acquainted 
 your Lprdmip, are ordered, as 1 am 
 informed, to be tranfmitted to the 
 Board of Trade. 
 
 An eftimate of the expence of pro- 
 vifions is making cut in the bell 
 manner it can be dune, but I fear it 
 
 will not be flniflied in time for the 
 prefent conveyance, 
 
 Extrafi of a Letter from Major General 
 Gage to Lord Barrington. 
 
 New-Tork, Nov. o, 1766. 
 
 (No. VII.*) 
 
 I have the honour to tranfmit your 
 Lordlhip the eftimate of the expence 
 of provifions confumeji annually in 
 North- America, calculated for every 
 part exceptWeft-Florida, from whence 
 the returns were forbid to be fent to 
 the CommifTary General, as his de- 
 puty informs him ; but as I after- 
 wards fent particular directions to Co- 
 lonel Taylor, acting ^Brigadier- Ge- 
 neral, concerning this matter, fmce 
 his arrival at Penfacola, I am to hope 
 they will at length be procured. 
 When the returns fliall be received, 
 the expence ariiing from the prc- 
 vifions in that province, will be added 
 to the inclofed eftimate. As your 
 Lordihip prelTed fo ftrorl^ly for the 
 eftiuiates, I fend off without delay, 
 all that I can procure, as they 
 come in. 
 
 Exiracls from tfa Manufcript 'Journal 
 cf I be General Aflenioly cf Ne<w- 
 'J rrk t laid before Parliament. 
 Ajfcmlly "Chamber, City-Hall, zn the 
 City of Ne~M-York, Die Luneff 
 II bs. A. M. the iQtb of No- 
 1- ember, 1766. 
 
 The General Aifembly having on 
 the ;^d of July iaft, been prorogued to 
 Tueiday the 7th of October next fol- 
 lowing, and his Excellency the Go- 
 vernor having, by feveral procla- 
 mations fmce publiihed, farther pro- 
 rogued them to this day, to meet 
 upon bufmefs. 
 
 Fifteen members purfuant thereto, 
 appearing in the Ailembly- Chamber, 
 Mr. Speaker took the chair. 
 
 Ordered, That Mr. Bayard and 
 Colonel Livingftcn wait upon his Ex- 
 cellency the Governor, and acquaint 
 him that a fufficient number of mem- 
 bers are met to proceed upon bu 
 
 fmete, 
 
PRIOR DOCUMENTS, j 4 j 
 
 "nefi, and that they attend his di- for their interelh, as cannot fail of 
 regions. exciting ^the warmeft fentiments of 
 
 Mr. Bayard reported, that Colonel gratitude in the minds of every fub- 
 Livingfton and himfelf, had waited jedl, and be produ&ive of the higheft 
 on his Excellency the Governor, and 
 delivered their meflage, and that his 
 Excellency had been pleafed to fay he 
 would come up to the Council-Cham- 
 ber in the City-Hall immediately, 
 and fend a meflage for the houfe. 
 
 A meflage from his Excellency the 
 Governor, by Mr. Banyar, Deputy 
 Secretary. 
 
 Mr. Speaker, His Excellency the . _,_, 
 
 Governor requires the immediate at- has been pleafed to fix by his royal 
 tendance of this houfe in the Council- proclamation, for the boundary be- 
 
 returns of duty and fubmiflion. 
 
 Gentlemen of the General AJfimbly, 
 " The great expence in which this 
 colony has been engaged for fome 
 time paft, and the difficulties which 
 (till fubfift in regard to limits, between 
 this and the neighbouring Provinces of 
 Maflachufett's and the Jerfeys, have 
 engaged me to afcertain as foon as 
 poflible, the line which his Majefty 
 
 Chamber, in the City-Hall. 
 
 Mr. Speaker left the chair, and 
 the whole houfe attended accordingly, 
 and being returned, he refumed the 
 chair, and reported that his Excel- 
 lency had been pleafed to make a 
 fpeech to the houfe, of which, to 
 prevent miftakes, he had obtained a 
 copy, which being read, is in the 
 words following j viz. 
 
 Gentlemen of the Council, and Gen- 
 tlemen of the General AJftmbly y 
 The meeting of the General Af- 
 femblv has been delayed beyond the 
 ufual time, as I was in daily expec- 
 tation of receiving his Majefty's com- 
 mands, in regard to an humble re- 
 prefentation made of the diftrefs in 
 which this colony would fhortly be in- 
 volved, through the want of a fuffi- 
 cient paper currency. And it is with 
 the greateft fatisfaftion, that I can 
 open this fefiion with a frefh inflance 
 of his Majefty's paternal regard and 
 protection extended to this Province, 
 who has been gracioufly pleafed, under 
 certain refrriftions, to revoke that 
 inftruftion, by which the Commander 
 in Chief here was precluded from 
 giving his confent to any aft which 
 mould be framed for ftrikine bills of 
 
 tween this Province and Quebec, and 
 after the neceflary fupplies of govern- 
 ment are raifed, I muft recommend 
 it to the General Aflembly to make 
 provifion for the farther opening and 
 continuing this line, in which I flatter 
 myfelf, that the province of Quebec, 
 equally interefted in it, will readily 
 contribute, as a mutual benefit will 
 be derived from it, I mufl at the 
 fame time, earneflly requeft that pro- 
 per meafures may be taken to fettle 
 the boundaries between the different 
 counties in this Province, and fix 
 them by authority : The want of a 
 due attention to fo neceflary a fervice, 
 has already given rife to many incon- 
 veniences, and the continual fcenes 
 of litigation and diforder, occafioned 
 by vague and undetermined limits, 
 call for redrefs in the ftrongeft terms. 
 Gentlemen of the Council, and Gen- 
 tlemen of the General AJJembly, 
 " I fhall, during thecourfe of your 
 feflion, take opportunities of laying 
 before you fome matters which have 
 occurred to me during the late tour I 
 made, and recommending to your 
 confideration whatever may be con- 
 ducive to the public fervice ; as I am 
 fully perfuaded, that the legiflative 
 
 credit, and ifluing the fame in lieu of bodies will chearfully co-operate with 
 
 money. The royal attention, fo con- 
 rtantly paid to the fufferings of the 
 people, and the late examples given 
 of it, are fuch fignal inftances of his 
 Majeiiy'scondefcenfion and tendernefs 
 
 me in whatever can be propofed for 
 his Majefty's fervice, and the good of 
 their country. H. MOORE." 
 
 New-Tor k t Nov. 10, 1766. 
 
 U Refolved, 
 
14* 
 
 PRIOR DOCUMENTS. 
 
 Refolved, That his Excellency's 
 fpeech be taken into confederation, 
 to-morrow, by the houfe. 
 AJfembly - Chamber, at the Houfe of 
 Matthew Erneft, in the Out-Ward 
 cf the City of New-York, Die 
 Marti s, 10 ho. A* M. the nth of 
 November, 1766. 
 
 *To his Excellency Sir Henry Moors, 
 Bart. Captain-General, and Gover- 
 nor in Chief \ in, and over the Co- 
 lony of New-Tor k, and the Territories 
 depending thereon in America, Chan- 
 tellor and Vice- Admiral of the fame, 
 ne humblt Addrefs of the General Af- 
 
 Jemhly of the f aid Colony. 
 May it phaje your Excellency, 
 We his Majefly's moil dutiful fub- 
 jects, the Gc-iier?? AfTembly of the 
 Colony of Nev ., re-turn your 
 Excellency our moil hearty thanks for 
 your fpeech. 
 
 The iritis faction your Excellency 
 expreftes in being permitted to relieve 
 the diflrefs this colony is fallen into, 
 through the want of a medium of 
 trade, cannot but be extremely agree- 
 able to us, as it affords a further 
 proof of your attention to, and con- 
 cern for our intereils. 
 
 We are deeply fenfible of his Ma- 
 jefty's paternal care and tender regard 
 for all hi - iuljects, and we are con- 
 iideni ft e iliall ever be ready to make 
 fuch returns of duty and fubmiilion, 
 as in.:v be expected from the moil 
 loyal lubjects to the beil of fovereigns. 
 Had your Excellency been per- 
 mitted, by the inftru&ions you have 
 received, to have pafled a bill for the 
 iiTuing of paper money in the ufual 
 jnanner, we mould have been fo 
 cautious in the exercife of that power, 
 that no perfon, either at home or 
 abroad, would have been in the leail 
 danger of being injured in his pro- 
 perty, and the public credit of this 
 Colony would have been, as it ever 
 has been, the object of our peculiar 
 care and attention. But, fmce we 
 fear that no bill for that purpofe can 
 be pafied without a fufpending claufe, 
 .are determined to bear our diftre/Tes 
 
 as well as we are able, except yoirr 
 Excellency will be pleafed, confidering 
 the preffing neceflities we lay under, 
 to pafs a bill without fuch an un ufual 
 claufe. 
 
 Your Excellency's care to fettle the 
 boundaries between this Colony and 
 Quebec, will probably prevent many 
 mifchievous confequences which might 
 otherwife arife from the neglect of a 
 thing of that importance, and, for 
 like reafons, we mall be ready to con- 
 tribute all the affiftance in our power, 
 to enable your Excellency to fettle, at 
 leail, a temporary line of jurifdiction 
 between this Colo!iy and the Province 
 of the MafTachufett's Bay. 
 
 The fettlement of the boundaries of 
 the ieveral counties in. this Colony, 
 where they are in a manner uncertain, 
 we look upon as an object defer ving 
 the moil ferious attention of the le- 
 giflature, and abfolutely neceffary to 
 peace, order, and the clue execution^ 
 of the powers of government. We 
 fhall pay a due regard, therefore, to 
 what your Excellency recommends on 
 that fubject, as well as to whatever 
 elfe you mall think proper to lay 
 before us during the courfe of this 
 feffion, in which we mall be am- 
 bitious of demonfbating, that your. 
 Excellency has done us no more than 
 ftrict juftice, in fuppofing that we will 
 chearrully co-operate with you, in 
 whatever can be propofed for his Ma- 
 jefty's fervice, and the good of this 
 country. By order of the General 
 AiTembly, W. NICOLL, Speaker. 
 Affimbly -Chamber, in the Out-Ward 
 
 of the City of New -Tor k, the \yh 
 
 of November, 1766. 
 
 His Excellency's Anfnver. 
 
 Gentlemen cf the General AJfcmbly* 
 
 I return you my hearty thanks for 
 
 this addrefs, and for the fentiments 
 
 you exprefs of my attention to the 
 
 public welfare. The afTurances you 
 
 give of acting chearfully with me, in 
 
 fo good a caufe, cannot fail of being 
 
 productive of the greateil advantage 
 
 to this Colony. 
 
 Mr. 
 
George R, 
 
 PRIOR DO 
 
 Mr. Banyar, Deputy Secretary, 
 brought to the Houfe, from his Ex- 
 cellency the Governor, an additional 
 infiruction from his Majefty to him, 
 which his Excellency defired might be 
 communicated to the Houfe, and 
 being read, is in the words fol- 
 lowing : 
 
 Additional Inftruflions to 
 our Trufty and Well- 
 beloved Sir H. Moore, 
 Bart, our Captain-Ge- 
 neral, and Governor in 
 Chief of our Province 
 of New-York, and the 
 Territories depending 
 L. S. thereon in America. 
 
 Given at our Court 
 at St. James's, the 
 \yh Day of July, 
 1766, in the Sixth 
 Tear of our Reign. . 
 Whereas by the zoth Article of our 
 General Initruftions to you, given at 
 our Court at St. James's, the 
 day of , in the fixth year of 
 
 Our reign, you are ftriftly forbid to 
 
 five your aflent to any aft within our 
 rovince of New- York, under your 
 government, whereby paper bills may 
 be ftruck or iflued in lieu of money, 
 u'nlefs upon fudden and extraordinary 
 emergencies of government, in cafe 
 of war, or invasion, and upon no 
 other occr.fion whatever. And 
 whereas it hath been reprefented 
 unto us, that the currency of all the 
 paper bills of credit now in circulation 
 within our faid Province of New- 
 York, will, by the limitation of the 
 laws by which they were refpeftively 
 iflued, ccafe and determine in the 
 year 1768, by means whereof the 
 commerce of our faid Province, as 
 we : l as the ordinary ferviccs of go- 
 vernment there, will be expofed to 
 
 ;reat difficulty and inconvenience. 
 
 t is, therefore, our will and pleafure, 
 that the 2Oth Article of our faid 
 General Inftruftions to you, relative 
 to the iffue of paper bills of credit, 
 
 f, 
 
 C U M E N T S. 147 
 
 be, and it is hereby revoked and an- 
 nulled. And it is our further will 
 and pleafure, and you are hereby per- 
 mitted and allowed to give your aflent 
 to any aft or afts of Aflembly of the 
 faid Province, for creating and iiTuing 
 paper bills of credit, in lieu of, and 
 for fecuring any fum or fums of 
 money, not exceeding in the whole 
 the fum of 260000 currency of that 
 Province, provided that in fuch aft or 
 afts of Aflembly, whereby fuch paper 
 bills, or bills of credit, mall be created 
 or iflued, due care be taken toafcertairt 
 the real value of fuch paper bills, or 
 bills of credit, and that an ample and 
 fufficient fund be provided for calling 
 in, finking, and difcharging the faid 
 bills within a reafonable time, not 
 exceeding five years, and provided, 
 that you do take care, in the pafling 
 of any aft, or afts of AfTembly for 
 the purpofes above-mentioned, that 
 there be a claufe, or claufes inferted, 
 therein fufpending and deferring the 
 execution thereof, until our pleafurq 
 mail be known concerning the fame. 
 G. R. 
 
 The Houfe then refolved itfelf into 
 a committee of the whole Houfe, 
 upon his Excellency's fpeech after 
 fome time fpent therein, Mr. Speaker 
 refumed the chair, and Mr. Philip 
 Livingfton reported from the faid 
 committee, that they had made fome 
 progrefs therein, and had directed 
 him to move that they may have 
 leave to fit again. 
 
 Refolved, That his Excellency's 
 fpeech be taken into further con- 
 iideration to-morrow and then the 
 Houfe adjourned till nine o'clock to- 
 morrow morning. 
 
 Die Mercurii, 9 bo. A. M. the I2tb 
 
 of November, 1766. 
 
 Ordered, That the Treafurer of the 
 
 Colony, do, by Tuefday the 25th 
 
 ir.itunt, lay before this Houfe, the 
 
 feveral following accounts on oath, 
 
 viz. " An account of the amount of 
 
 the duty, laid by virtue of an aft for 
 
 U 2 granting 
 
1 4 8 
 
 P R I O fc DOCUMENTS, 
 
 granting to his Majefty the feveral 
 duties and impofitions on goods, 
 wares, and merchandizes imported 
 into this Colony therein-mentioned, 
 together with an account how much 
 had been paid out of the fame, from 
 the i ft day of September, 1765, to 
 the firft day of September, 1766. 
 
 " An account of the amount of 
 licences to hawkers and pedlars, from 
 the i ft day of September, 1765, to 
 the i ft day of September, 1766. 
 
 " An account of the amount of 
 his receipts, from the feveral and re- 
 fpeclive loan-officers, diftinguilhing 
 how much, on account of the prin- 
 cipal, and how much for intereft, 
 fince his laft account thereof de- 
 livered. 
 
 " An account of his receipts on the 
 excife fund fince his laft account there- 
 of delivered An account of his pay- 
 ments out of the 5000, lodged in 
 his hands, by an ad paffed in the 
 year 1765, for refrefhing, &c. fuch 
 of his Majefty's troops as may pafs 
 through this Colony, fince his laft 
 account thereof delivered An ac- 
 count of his receipts from the feveral 
 and refpeclive collectors and county 
 Treafurers, on account of the feveral 
 and refpeclive taxes, and arrears of 
 taxes due to this Colony, from the 
 time that his laft accounts thereof 
 was delivered, until the day he de- 
 livered his accounts, diftinguifliing 
 particularly, how much paid by each 
 refpeclive city and county, on what 
 tax, and on what arrears of taxes. 
 
 " An account how much hath 
 arifen by virtue of an acl, in titled, 
 An Adi for laying a Duty of Tonnage 
 on the Veflels, and for the Time 
 therein-mentioned, from the ift day 
 of September, 1765, to the m ft day 
 of September, 1766. 
 
 " An account of his receipts, by 
 virtue of the feveral a6ts, enabling 
 him to draw bills of exchange on Sir 
 William Baker, Knt. and Robert 
 Charles, Efq; for money allotted to 
 this Colony by his Majefty, out of 
 the parliamentary grants, towards re- 
 
 imburfmg the Colonies the expence 
 of the war, fince his laft account 
 thereof delivered. 
 
 ^ " An account of his receipts, by 
 virtue of an acl pafTed the 2oth of Oc- 
 tober, 1764, intitled, An Acl, ap- 
 propriating the fum 0^59250 of the 
 monies therein-mentioned, for calling 
 in, finking, and cancelling bills of 
 credit, to the amount of the millions 
 therein-mentioned, together with an 
 account of the bills of credit cancelled 
 in confequence of the faid acl, fince 
 his laft account thereof delivered. 
 
 " An account how much he hath 
 received, purfuant to an acl pa/Ted 
 the 20th of December, 1763, intitled, 
 An Acl to impower John Cruger, 
 Robert R. Livingfton, Philip Living- 
 fton, Leonard Lilpenard, and William 
 Bayard, Efqrs. to receive from the 
 Colony of Pen nfy Ivan ia, the fum of 
 ^4368 2s. 6d. fterling, overpaid to 
 the faid Colony out of the parlia- 
 mentary grant, for the "fervice of the 
 year 1760, fince his laft account 
 thereof delivered. 
 
 " An account of his payments, pur- 
 fuant to an acl paflfed the 20 th of 
 Oclober, 1764." 
 
 Die Mart is, 9 bo, A. M. the itb of 
 November, 1766. 
 
 A me/Tage from his Excellency the 
 Governor, by Mr. Banyar, Deputy- 
 Secretary, which being read, is in the 
 words Following ; viz. 
 
 Gentlemen of the General AJJembly % 
 In confequence of a report made to 
 the Lords Commiffioners for Trade 
 and Plantations, of the acl pa fled in 
 the laft fefiion of Aftembly, for pro- 
 viding barracks, fuel, &c. for his 
 Majefty's troops quartered in this 
 city, and my letter to the Secretary 
 of State on the fame occafion, I have 
 had the honor of the following letter 
 from the Earl of Shelburne. 
 SIR, Whitehall, Aug. 9, 1766. 
 I took the firft opportunity, after 
 his Majefty had been moft gracioufly 
 pleafed to entruft me with the feals of 
 the fouthern department, to lay be- 
 fore 
 
PRIOR DOCUMENTS. 
 
 fore him your letter of the 2Oth of 
 June, giving an account of the ge- 
 neral fatisfaftion exprefTed by all 
 ranks and degrees of people, on the 
 repeal of the Stamp-aft, and likewife 
 your reafons for aflenting to a bill for 
 providing barracks, firewood, candles, 
 bedding, and uteniils for the kitchen, 
 for the King's troops, as demanded, 
 notwithftanding the articles of fait, 
 vinegar, cyder, and beer, be not in- 
 cluded, under a pretence that they 
 are not provided for the troops lodged 
 in the barracks in Europe. 
 
 I have his Majefty's commands to 
 acquaint you of the fatisfaftion he 
 feels in the happinefs of his fubjefts, 
 arifmg from the tender care and con- 
 fideration of his Parliament. But I 
 am ordered to fignify to you, at the 
 fame time, that as it is the indif- 
 penfible duty of his fubjefts in A me 
 rica to obey the afts of the legiflature 
 of Great Britain, theKin bot 
 
 pefts and requires a o*ue~and chearful 
 
 be doubted that his Majefty's Province 
 of New- York, after the lenity of 
 Great Britain fo recently extended 
 to America, will not fail duly to 
 carry into execution the aft of par- 
 liament palled lafl feffion, for quar- 
 tering his Majefty's troops, in the full 
 extent and meaning of the aft, with- 
 out referring to the ufage of other 
 parts of his Majefty's dominions, 
 where the legillature has thought fit 
 to prefcribe different regulations, and 
 which cannot be altered any more 
 than in North America, except upon 
 a refpeftful and well-grounded repre- 
 fentation of the hardihip or incon- 
 venience. Thefe confiderations, I 
 am convinced mud, of thcmfelves, 
 have fo much weight with the Af- 
 fembly of New- York, not only in the 
 prefent conjuncture, when it is na- 
 tural to fuppofe the minds of men 
 retain fenfible impreflions of what has 
 lately pafled, but upon other ccca- 
 fions which may call for a ready obe- 
 dience, that I cannot think it necef- 
 
 fary for me to enlarge further upon 
 their importance- I muftonly, Sir, in 
 general, add, that I hope and be- 
 lieve, that a very little time, toge- 
 ther with that temporal adminillration 
 of government, which your regard to 
 the people under it, muft make you 
 naturally incline to, and that firmnefs 
 which your duty to the King equally 
 requires, will allay whatever remains 
 of thofe heats, which have fo unhap- 
 pily for America prevailed, and which 
 if continued, muft prove of the moft 
 fatal confequence to whatever Province 
 they are fuffered in. I am, there- 
 fore, perfuaded that the AfTembly will 
 lofe no occafion that offers, of con- 
 vincing his Majefty, that the people 
 of New- York will yield to no other 
 part of his fubjefts, in duty, loyalty, 
 and obedience to fuch laws as the 
 King and Parliament have thought 
 proper to enaft, for their benefit and 
 proieftion. 
 
 (Signed) SHELBURNE. 
 
 I flatter myfelf, that on a due con- 
 lideration of this letter, no difficulties 
 can poffibly arife, or the leaft ob- 
 jeftion be made to the provifion for 
 the troops, as required by the aft of 
 parliament. H. MOORE. 
 
 Fort-George, Nov. 'if, 1766. 
 
 Ordered, That the faid meflage be 
 referred to the confideration of the 
 'committee, to whom his Excellency's 
 fpeecii is committed. 
 Die Mercurii, 9 bo. A. M. the \gtb 
 
 of November, 1766. 
 
 The Houfe (according to order) re- 
 folved itfelf into a committee of the 
 whole Houfe upon his Excellency's 
 fpeech after fome time fpent therein, 
 Mr. Speaker reiumed the chair, and 
 Mr. Philip Livingfton reported the re- 
 foiutions of the committee, which he 
 read in his place, and afterwards de- 
 livered in at the table, where the 
 fame were again read and agreed to 
 by the Houfe, and are as follow, viz. 
 
 " Refolved, That it is the opinion 
 of this committee, that there be al- 
 lowed unto his Excellency Sir Henry 
 
 Moore, 
 
P&IORDOCUMENTS. 
 
 Moore, Bart, for adminiflring the 
 government of this Colony, from the 
 jit day of September, 1766, to the 
 lit day of September, which will be 
 in the year 17673 after the rate of 
 2000 per annum', 
 
 tf Refolved, That it is the opinion 
 of this committee, that there be al- 
 lowed unto his faid Excellency, for 
 providing firewood and candles for his 
 Majefty's Fort George, in the city of 
 New- York, from the ift day of Sep- 
 tember, 1766, to the i It day of Sep- 
 tember, 1767, the fum of ,400. 
 
 ** Refoived, That it is the opinion 
 of this committee, that there be al- 
 lowed unto the Hon. Daniel Horfe- 
 manden, Efq; as Chief JuiUce of the 
 Supreme Court of this Colony, and 
 for going the circuits from the ift day 
 of September, 1766, to the ill day 
 of September, 1767, after, the rate of 
 ^300 per Annum. 
 
 '* That it is the opinion of this 
 committee, that there be allowed unto 
 the Hon. David Jones, Efq; as Second 
 Juftice of the Supreme Court of this 
 Colony, and for going the circuits 
 from .and to the time afcrefaid, after 
 the rate of ^200 per annum. 
 
 " Refolved, That it is the opinion 
 of this committee, that there be- al- 
 lowed unto the Hon. William Smith, 
 Efq; as Third JuiUce of the Supreme 
 Court of this Colony, and for going 
 the circuits from and to the time 
 aforefaid, after the rate of 200 per 
 annum . 
 
 " Refolved, That it is the opinion 
 of this committee, that there be allow- 
 ed unto the Hon. Robert R. Living- 
 fton, Efq; as Fourth Justice of the Su- 
 preme Court of this Colony, and for 
 going the- lircuus from and to the 
 time aforefaiJ, after the rate cf 200 
 per annum. 
 
 (( That it is the opinion of this 
 committee, that there be allowed unto 
 William Weyinan, as public Printer 
 of this Colony, for his iervices in that 
 ftation, from and to the time afore- 
 faid, after the rate of $o fer annum. 
 
 <l Refolved, That it is the opiniori 
 of this committee, that there be al- 
 lowed unto Abraham de Peyier, Efq; 
 Treafurer of this Colony, for his fer- 
 vices in that ftation, from and to the 
 time aforefaid, after the rate ot 200 
 fer dnnum. 
 
 " Refolved, That it is the opinion 
 of this committee, that there be al- 
 lowed unto the faid Treafurer, for 
 the extraordinary fervices which he is 
 now obliged to perform beyond the 
 ufual duty of his office, after the rate 
 of the further fum of 100 per annum. 
 
 " Refolved, That it is the opinion 
 of this committee, that there be al- 
 lowed unto Robert Charles, Efq; 
 Agent for this Colony in Great- 
 Britain, as a regard for his care, 
 trouble, and diligence, in attending 
 upon his Majefty, and his minifters of 
 ft;;te, in that ftation, from and to 
 the time aforefaid, after the rate of 
 .500 per annum. 
 
 " Refolved, That it is the opinion 
 of this committee, that there be al- 
 lowed unto John Tabor Kempe, Efqj 
 his Majefty's Attorney-General of this 
 Colony, for feveral extraordinary fer- 
 vices by him performed in that ilation > 
 the fum of ^150. 
 
 " Refolved, That it is the opinion 
 of this committee, that there be al- 
 lowed unto Abraham Lott, Efq; Clerk 
 of the General Ailembly, for his fer- 
 vices in that ilation, from the ift day 
 of September, 1766, to the ift day 
 of September, 1767, twenty millings 
 per ticm, payable upon a certificate 
 from the General AfTembly, figned 
 by the Speaker, for the number of 
 cays he has ferved, or may ferve the 
 General Affembly. 
 
 " Refolved, That it is the opinion 
 of this committee, that there be al- 
 lowed for anfwering fuch neceliary 
 and contingent charges as may arife 
 or happen for the fervice of this 
 Colony, from the lit day of Sep- 
 tember, 1766, to the ift cay of Sep- 
 tember, 1767, the fum of ^100. 
 
 " Refolved, 
 
PRIOR DOCUMENTS. 
 
 " Refolved, That the foregoing 
 feveral allowances be made payable 
 .out of the monies arifen, or which 
 may arife by virtue of the following 
 afts ; viz. 
 
 " An aft for granting to his Ma- 
 jefty the feveral duties and impofitions 
 on goods, wares, and merchandizes 
 imported into this Colony therein- 
 mention. And 
 
 Si An Aft to reftrain hawkers and 
 pedlars within this Colony, from fel- 
 ling without licence, 
 
 " Ordered, That a bill be brought 
 in, purfuant to the faid refolutions, 
 and that Colonel Seaman and M>> 
 Schenk prepare and bring jn the 
 fame." 
 Die Martis, 9 bo. A. M. the 2$th of 
 
 November, 1/66. 
 
 A meffage from his Excellency the 
 Governor by Mr. Banyar, Deputy 
 Secretary, which being read, is in 
 the words following ; viz. 
 
 Gentlemen of the General JjJ/emlly, 
 
 " Inclofed, is an account of what 
 money has been paid to the officers of 
 hisMajefty's 28th regiment in quarters 
 here, who were lodged in the town, 
 as there was not fufficientroom for them 
 in the barracks provided for the two 
 battalions and company of artillery, 
 by aft patied in the laft feflion of Af- 
 fembly. This fum has been advanced 
 by the Mayor and corporation of this 
 city, and agreeable to their requeft, 
 it is now recommended to the Houfe 
 of Affembly, that they may be re- 
 imburfed. No money has been paid 
 as yet, either to the officers of his 
 Mnjefty's 46th regiment, or to the 
 officers of the artillery. H. MOORE. 
 (< Fort-George, Nov. 24, 1766." 
 
 Ordered, That the faid melTage 
 and account metioned therein, be re- 
 ferred to the consideration of a com- 
 mittee of the whole Houfe. 
 
 Abraham de Peyfter, Treafurer of 
 this Colony (according to order) at 
 tending at the door, was called in, 
 and laid before the Houfe the feveral 
 accounts on oath j viz.* 
 
 <e An account of the produce of the 
 tonnage fund, from the ift day of 
 September, 1765, to, the ift day of 
 September, 1766, amounting to the 
 fum of 406 i8/. 4^. -I. 
 
 " An account that he has received 
 from the feveral and refpeftive loan- 
 officers, fmce his laft account thereof 
 delivered ; viz. 
 
 For intereft - 1375 
 
 On account of the principal ji 1 375 
 
 " An account that he has received 
 from the feveral collectors and county 
 Treafurers, on account of the feveral 
 taxes laid by feveral laws of this Co- 
 lony, amounting from the ^th of De- 
 cember, 1765, to the 25th of No- 
 vember, 1766, to the fum of 17829 
 6s. zd. i. 
 
 " An account that he has paid, 
 purfuant to an aft paffed the 3d of 
 July, 1766, intitled, An Aft to fur- 
 nifh the Barracks in the Cities of 
 New- York and Albany, with Fire- 
 wood and Candles, and the other 
 NeceiTaries therein-mentioned, for his 
 Majelty's Forces, the fum of 3200. 
 
 " An account that he has received 
 from John Cruger, Philip Livingfton, 
 Robert R. Livingfton, Leonard Lif- 
 penard, and William Bayard, Efqrs. 
 ort account of the 4368 2J. 6^. 
 fterling, they were impovvered by law 
 to receive from the Colony of Penn- 
 fylvania, fmce his laft account thereof 
 delivered, the fum of 456 os. ^d. 
 
 " An account that he has received 
 for feveral bills of exchange drawn on 
 Sir William Baker, Knt. and Robert 
 Charles, Efq; fmce his laft account 
 thereof delivered, the Turn of 4608. 
 
 " A general account of the amount 
 of the feveral duties, Sec. for fup- 
 porting the government of this Co- 
 lony, together wi.h an account of the 
 payments out of the Lme, from the 
 ift day of September, 1765, to the 
 ift day of September, 17 >6, wherein 
 he charges himll-lf with the balance 
 due to this Colony on account of the 
 faid duties, &c. on the i ft day of 
 September, 
 
I S 2 
 
 PRIOR DOCUMENTS. 
 
 . -r. A 
 
 September, 1765, of 
 
 the fum of 2460 3 5 { 
 
 With the fum of 
 48 u Ss. iif/.-l 
 received for the 
 duty on rum, wine, 
 brandy, &c. dur- 
 ing the above faid 
 time, 4811 S n|: 
 
 And with the fum of 
 135 received for 
 licence to hawkers 
 and pedlars, dur- 
 ing the above faid, 
 time 135 
 
 7406 12 5-J 
 
 And charges the Co- 
 lony with fundry 
 fums paid out of 
 the faid fund, a- 
 mounting to the 
 fum of ~~ 7 1 1 1 4 6 
 
 And makes a balance 
 due to the Colony 
 on the ift day of 
 September, 1766, 
 
 of the fum of 295 7 n^ 
 
 Die Martis, 9 ho. A. M. the ?.d of 
 
 December i 1766. 
 
 Mr. Speaker communicated to the 
 Houfe the following letter and ac- 
 counts ; viz. 
 
 " A letter from his Honor the 
 Lieutenant- Governor, dated the ift 
 inftant x demanding payment for ar- 
 rears of falary due to him, from the 
 lit of September to the I3th of No- 
 vember, 1765, and alfo for damages 
 by him fuftamed on the ift day of 
 November, 1765. 
 
 *' An account of Alexander Gor- 
 don, Efq; for a fingle fleigh loft on 
 the faid ift day of November, 1765. 
 
 An account of Dr. Jonathan 
 Mallet, of a fingle horfe-chaiie, and 
 part of harnefs, loft on the faid ill 
 day of November, 1765. 
 
 e And an account of Andrew 
 Gautier, for repairing the damages 
 dene to the houie of Samuel Francis, 
 
 on the faid ift day of November, 
 1765. 
 
 " Ordered, That the faid letter 
 and accounts be referred to the con- 
 fideration of a committee." 
 Die Vemris, 9 ho. A. M. $th of De- 
 cember, 1766. 
 
 The Houfe taking into confide- 
 ration the many grievances refulting 
 from tlie aft of parliament, retraining 
 the ifFuing paper bills of credit to the 
 inhabitants of this Colony, for want 
 of a proper medium of trade. 
 
 " Refolved, Than an humble ad- 
 drefs be prepared, in order to be 
 presented to the parliament of Great- 
 Britain, reprefenting the hardmips 
 and inconveniencies the inhabitants of 
 this Colony lay under, for the want 
 of a competent medium of trade, and 
 praying relief. 
 
 " Ordered, That a committee be 
 appointed to prepare the faid addrefs, 
 and a committee was appointed ac- 
 cordingly.'* 
 Die Mart is, 9 ho. A. M. the yth of 
 
 December, 1766. 
 
 A meflage from his Excellency the 
 Governor, by Mr. Banyar, Deputy- 
 Secretary, which being read, is in 
 the words following ; viz. 
 Gentlemen, 
 
 " The inclofed accounts duly at- 
 tefted, of the workmen employed in 
 the reparations and alterations of the 
 houfe at the Fort, are now laid before 
 the Houfe of Affembly, and recom- 
 mended for payment. H. MOORE. 
 " Fort-George, Dec. 8, 1766.'* 
 
 Ordered, That the faid rneflap;e 
 and accounts be referred tp the con- 
 fideration of a committee, and that it 
 be an inftruftion to them to add a 
 proper claufe, or claufes to the bill 
 now in committee, for paying Major 
 James his lofles, for paying fo much, 
 of the faid accounts as fhali be found 
 to be really and truly due thereon. 
 
 A mefTage from his Excellency the 
 Governor, by Mr. Banyar,, Deputy- 
 Secretary, which being read, is m 
 the words following 5 viz. 
 
 Gentlemen, 
 
P R i k DOCUMENTS. 
 
 153 
 
 Gentlemen, 
 
 " His Majefty's 28th and 46th re- 
 giments having been employed for 
 feme, time in quelling the riots and 
 diforders which had broke out in the 
 counties of Duchefs and Albany, I 
 now recommend it to the Houfe of 
 Affembty, that a compenfation be 
 made to them for the extraordinary 
 necefTaries expended by them in the 
 fervice of the government. 
 
 H. MOOF.E. 
 " Fort George, Dec. S, 1766." 
 
 A petition of Henry Van Shaack, 
 of the city of Albany, merchant, was 
 preferred to the Houfe', and read, 
 praying an allowance for damages by 
 him fuftained on the 6th of January 
 lair, by diforders occasioned by the 
 late Stamp-aft, amounting, as by the 
 account annexed to the faid petition, 
 to the fum of 103 is. 6d. 
 
 Ordered, That the faid petition 
 and account be referred to the fame 
 committee. 
 
 The Houfe refolved itfelf into a 
 committee of the whole Houfe, upon 
 the bill, in titled, " An Ad for pay- 
 ing Major Thomas James, the Lories 
 by him fuliained on the ill of No- 
 vember, 1765," and the feveral other 
 accounts referred to the committee on 
 the faid bill: after foihe time fpent 
 therein, Mr. Speaker re fumed the 
 chair, and Mr 4 Bayard reported the 
 proceedings of the committee to have 
 been ia manner following ; viz. 
 " That they had rcfolved to make 
 the following allowances, and added 
 proper claufes to the faid bill, for 
 paying unto Andrew Gautier, for re- 
 pairing the houfe of Samuel Francis, 
 for damages done thereto, on the ift 
 of November, 1765, the fum of 
 404 6s. 5</. 
 
 Unto Jonathan Mallet, for da- 
 mages by him fuliained on the faid 
 i ft day of November, 1765, the 
 fum of 36 os. Of/. 
 
 And unto Henry Van Shaack, 
 
 of Albany for damages by him fuf- 
 tained on the 6th day of January, 
 1766, the fum of - m l 3 * s ' ^* 
 
 " That a letter from his Honor the 
 Lieutenant-Governbr to Mr. Speaker, 
 of the i ft inftant, demanding pay- 
 ment for arrears of falary, due to hifn 
 frorii the ift of September to the i3th 
 of November, 1765, alfo for damages 
 by him fuftained on the ift of No- 
 vember, 1765, was then read, and 
 the fame being maturely confidered, 
 the committee came to the following 
 refolutions thereon ; viz. 
 
 " Refolved, That it is the opinion 
 of this committee, that the lofs 
 fuftained by Lieutenant - Governor 
 Golden, on the ift day of November, 
 1765, was occaiioned by his own mif- 
 conduct, and that therefore no pro- 
 yifion ought to be made for paying 
 him the fame. 
 
 ' Refolved, That it is the opinion 
 of this committee, that that part of 
 the Lieutenant Governor's letter re- 
 lating to the arrears of falary due to 
 him, be referred to the confideration 
 of the committee to whom his Ex- 
 cellency's fpeech is committed. 
 
 " Refolved, That the meflage.of 
 his Excellency the Governor, relating 
 to the repairs done to the houfe in 
 the Fort, with the accounts accom- 
 panying the fame, be referred to the 
 confideration of the committee to 
 whom his Excellency's fpeech is com-, 
 mitted." 
 
 Die feneris, 9 bo. A. 7kfi the \2th 
 
 of December, 1766. 
 
 The Houfe (according to order) re- 
 folved itfelf into a committee of the 
 whole Houfe, upon the meffage of his 
 Excellency the Governor, of the i7th 
 of November laft, relating to the pro- 
 vifion required for his Majefty's troops 
 quartered in this colony : after fomc 
 time fpent therein, Mr. Speaker re- 
 fumed the chair, and Mr. Philip Li- 
 vingfton reported the refolution of the 
 committee thereon, which he read in 
 X hi* 
 
 
154. PRIOR DO 
 
 his place, and afterwards delivered 
 it in at the table, where the lame 
 was again read, and is as follows ; 
 viz. 
 
 " Refolved, That it is the opinion 
 of this committee, that an humble 
 addrefs be prefented to his Excellency 
 the Governor, in anfvver to the faid 
 meffage, mewing that the General 
 A/fembly cannot, confiftent with the 
 truft repofed in them by their con- 
 Itituents, comply with the requifition 
 made by the laid merTage, and that 
 the reafons thereof bb fet forth in the 
 faid addf'efs. 
 
 " Refolved, (NemineContraelicente) 
 That the Houfe do agree with the 
 committee in the faid refolution." 
 
 The Houfe (according to order) 
 refolved itfelf into a committee of the 
 whole Houfe upon his Excellency's 
 fpeech, and the A feveral other papers 
 referred tjiereto -.after fome time 
 fpent therein, Mr. Speaker refumed 
 the chair, and Colonel Seaman, in 
 behalf of Mr. Philip Livingfton, re- 
 ported the proceeding of the com- 
 mittee, which he read in his place, 
 and afterwards delivered in at the 
 table, where the fame were again 
 read and agreed to by the Houfe, and 
 are as follows ; viz. 
 
 " That upon reading of the mef- 
 iage from his Excellency the Go- 
 vernor, of the 8th inftant, recom- 
 mending a compenfation to be made 
 to the detachments of his Majefty's 
 28th and 46th regiments that were 
 employed in quieting the diforders 
 in the counties of Duchefs and Al- 
 bany, Mr. Juftice Livingfton moved, 
 that there be allowed to each private 
 man of the 46th regiment the fum of 
 twenty millings, and to each private 
 man of the 28th the fum of tea 
 millings, as a gratuitity for their 
 fervices." 
 
 And a debate arifing, and the 
 queflion being put upon the faid 
 motion, it was carried in the negative, 
 in the manner following ; viz. 
 
 C U M E N T S* 
 
 For the Affirmative For the Negative 
 Col. Livingfton Mr. Speaker 
 Mr. Cruger Mr. Kiilam 
 
 Mr. Bayard Mr. Boerura 
 
 CoU Philipfe Mr. Schenk 
 
 Mr. Hoiland Mr. Thomas 
 
 Mr. deLancey Col. Haring 
 Mr. Juftice Li- Mr, Philip Li- 
 vingfton vingfton 
 Mr. Miller Capt. Seaman 
 Col. Seaman. 
 
 [Upon all diviiions, the names of 
 the gentlemen, for and againft, are 
 entered upon the journals.] 
 
 Die Sabbat ii 9 bo. A* M. the l$th of 
 
 December, 1766. 
 
 The engroffed bill, intituled, " An 
 Acl for paying the Salaries and Ser- 
 vices of the feveral Officers of the 
 Government, from the ift Day of 
 September, One Thoufand Seven 
 Hundred and Sixty-Six, to the ift 
 Day of September, One Thoufand 
 Seven Hundred and Sixty- Seven, ia- 
 clufive, and other Services therein- 
 mentioned/' was read the third 
 time. 
 
 Refolved, That the-bill do pafs. 
 
 Ordered, That Mr. Cruger and 
 Mr. Bayard do carry the bill to the 
 Council, and defire their concurrence 
 thereto. 
 
 A petition of Jacob Dyckman, 
 junior, Benjamin Palmer, and John 
 Vermillie, was prefented to the Houfe 
 and read, praying a reimburfement 
 of the expence they have been at in. 
 building a free bridge over Harlent 
 River, nigh King's Bridge. 
 
 Ordered, That the faid petition be 
 referred to the confideration of the 
 committee to whom the memorial of 
 Col. Philipfe is committed. 
 
 The Houfe then refolved itfelf into 
 a committee of the whole Houfe upon 
 the faid memorial and petition : 
 after fome time fpent therein, Mr* 
 Speaker refumed the chair, and Mr. 
 KifTam reported the refolution of the 
 committee, which he read in his 
 
 place, 
 
PRIOR DOCUMENTS. 
 
 place, and afterwards delivered in at 
 the table, and is as follows ; viz. 
 
 " Refolved, Thai it is the opinion 
 of this committee, that the further 
 confideration of the faid memorial and 
 petition be poftponed until the fecond 
 Tuefr'ay next, after the firft meeting 
 of this Houfe, after the rft day cf 
 May next.'* 
 
 And the faid refolution being again 
 read, 
 
 " Refolved, That the Houfe do 
 agree with the committee in the faid 
 refclution." 
 
 jyie Luna, 3 ho. P. M. the i$tb of 
 
 December, 1766. 
 
 The engroffe ,1 addrefs to his Ex- 
 cellency the Governor was read, and 
 approved of by the Houfe. 
 
 Ordered, That Mr. Speaker fign 
 the faid addrefs in behalf of the 
 Houfe, which is in the following 
 xvords ; viz. 
 
 To his Excellency Sir Henry Moore, 
 Bart. Captain-General and Governor 
 in Chief in and over the Colony of 
 New York, and the Territories de- 
 fending thereon in America, Chan- 
 cellor, and Vice Admiral of the Jame. 
 The Humble Addrefs of the eneral Af- 
 
 fembly cf the faid C.lony. 
 May it pleafe your Excellency, 
 We his Majefty'j. moft dutiful and 
 loyal fubjefts the General Aliemblyof 
 the Colony of New- York, have taken 
 your Excellency's meffage of the lyth 
 of November laft into our moil ierious 
 confideration, and beg leave to aflure 
 your Excellency, that nothing would 
 give us greater pleafure, than to find 
 it in our power to comply with every 
 requifition tending in any manner to 
 promote his Majefty's fervice. It is, 
 therefore, with great concern, that 
 we faid it impoffible to comply with 
 v.'Iiiit is now demanded, confiftent 
 with our obligations to cur cortui- 
 tuents. We mail always be ready to 
 give the ampleft teftimonies of our 
 loyalty to his Majefty, and fubmiffion 
 to bis government, from which we 
 humbly conceive we do not deviate, 
 
 when we (he* a regard to the in- 
 terefts of his faithful fubjecls in this 
 Colony, abfolutely neceffary to their 
 prefer vation. 
 
 We hope it will be confidered, that 
 we are cho'en to make fuch a pro- 
 vifion for the fupport of his M-.jefty's 
 government in this Colony (as well 
 as for other important purpofes) as is 
 moft foitable to the cireumfhnces of 
 the people we reprefent, and that we 
 mould be guilty of a breach of that 
 moft fac-eu truft, if we mould load 
 them with burthens we are incapable 
 of fupponing. 
 
 In the provifion we mav^e laft fef- 
 iion for quartering t^vo battailous and 
 one company of artillery, we loaded 
 ourfelves with a burthen much greater 
 than any of the neighbouring govern- 
 ments lie under for that fervice, and 
 imagined, that far from being cen- 
 fured on that account, it would be 
 accepted as a new inftanct of that 
 loyalty and affection to his Majefty's 
 government, of which this Colony 
 has exhibited fo many proofs. 
 
 We beg leave further to reprefent 
 to your Excellency, that by the aft 
 of parliament it appears to be the 
 intention of the legiflature to provide 
 for the quartering foMiers only on a 
 march, but according to the con- 
 ftrudtion put on it he e, it required 
 that all the forces vvhkh fhall at any 
 time enter this Colony, fhall be quar- 
 tered during the whole year in a very 
 unufual and expenfive manner. Tha't 
 by the marching feveral regiments 
 into this Colony, this expence would 
 become ruinous and infupportable. 
 And, therefore, we cannot, confiftent 
 with our duty to our conftituents, put 
 it in the power of any perfon (what- 
 foever confidence we may have in his 
 prudence and integrity) to lay fuch a 
 burthen on them. 
 
 We mould be very forry to differ 
 from your Excellency on this or any 
 other political fubjeft, and therefore 
 it is proper to ofler thefe matters to 
 your confideration, in hopes that they 
 will be fufficient to demonftrate, that 
 .X 2 the 
 
RIOR DOCUMENTS. 
 
 the objections q.gainft making the pro- 
 vifion required/ are of a nature the 
 moft ferious and weighty imaginable. 
 And, therefore, we humbly intreat 
 your Excellency to fet our conduct in 
 the moft favourable, that is in its true 
 light, by reprefenting that our non- 
 compliance on this occafion proceeds 
 entirely from a juft fenfe of what our 
 duty requires. By order of the Ge- 
 neral A {Terribly. 
 
 W. NICOLL, Speaker. 
 Ajfembly-Chamber, Dec. 15, 1766. 
 
 Refolved, That the faid addrefs be 
 prefented to his Excellency by the 
 whole Houfe. 
 Die JQ<VIS> 9 fa. A. M. the I %th of 
 
 December, 3766. 
 
 Mr, Speaker reported, that the 
 Hpufe had attended his Excellency 
 the Governor with their humble ad- 
 drefs, according to his appointment, 
 and that his Excellency had beeji 
 pleafed to return the following anfvver 
 thereto ; viz. 
 
 Gentlemen of the Qeneval Ajfimbly, 
 
 It is with no fmall concern, that I 
 find the fentiments of this Houfe dif- 
 fering fo much from mine, in regard 
 to the fubjeft matter of he addrefs 
 now prefented to 'me, which mail" by 
 the firfl opportunity be transmitted to. 
 the Secretary of State, in order to be 
 laid before his Majefty." 
 Die J'encris, 9 fa. A. M. the iqtb of 
 
 December, 1766. 
 
 A meffage from his Excellency the 
 Governor, by Mr. Banyar, Deputy- 
 Secretary. 
 
 Mr. Speaker, His Excellency the 
 Governor requires the immediate at- 
 tendance of this Houfe in the Council 
 Chamber, at the houfe of Mr. 
 Matfhew Erneft. 
 
 Mr. Speaker left the chair, and 
 with the Houfe attended accordingly, 
 where his Excellency, in the prefence 
 of the Council, was pleafed to give 
 his a/lent to twenty ads pafled this 
 fefilon. 
 
 And after the fame was published 
 jifc the ufual manner, his Excellency 
 
 was pleafed to prorogue the General 
 Affembly till Tuefday the loth day 
 of March, 1767. 
 
 In page 5, it is noticed that the 
 Affemblies of Maffaehufett's Bay and 
 New- York, petitioned in 17643031^1 
 the refolution to charge {lamp-duties 
 in America ; and that thefe petitions 
 were fupprefTed. (See Prior Documents, 
 / 5 fi r ft column-.) 
 
 [The Editor havia'g been favoured 
 with copies of thefe. petitions, jnfert* 
 them as foon as poffible.] 
 Copy of an Addrefs to tbe King, from 
 
 the Council and Houfe of- Bitrgcffes of 
 
 tbe Province of Virginia 
 To tbe King's Moft Excellent Majefty. 
 Mofl Gracious Sovereign, 
 
 We your Majefty's dutiful and loyal 
 fubje&s, the Council and Burgefles of 
 your ancient colony and dominion of 
 Virginia, now met in General Af- 
 fembly, beg have to affure your Ma- 
 jefty of our firm and inviolable attach- 
 ment to your facred perfon and go- 
 vernment : And as your faithful fub~ 
 j *fts here have at all times been zea- 
 lous to demonftrate this truth, by a 
 ready compliance with vhe royal re- 
 quifitions during the late war, by 
 which a heavy and oppreflive debt of 
 near half a million hath been in- 
 curred ; fo at this time they implore 
 permiflion to approach the throne with 
 humble confidence, and to entreat 
 that your Majefty will be gracioufly 
 pieafed to protect your people of this 
 Colony in the enjoyment of their an- 
 cient and ineftimahle right of being 
 governed by fuch law?, refpecting 
 their internal polity and taxation, as 
 are derived from their own confent, 
 wit h the approbation oi their fovereiga 
 or his fubftitute ; aright, which as 
 men and the defendants of Britons, 
 they have ever quietly poiTefled, lince 
 firft by royal permiflion and encou- 
 ragement they left the mother king- 
 dom to extend its commerce and do- 
 
 minion. 
 
 Your 
 
PRIOR DOCUMENTS. 
 
 Your Majefty's dutiful fubje&s of 
 Virginia moft humbly and unani- 
 moufly hope, that this invaluable 
 birth-right, defcended to them from 
 their anceftors, and in which they 
 have been protected by your royal 
 predeceffors, will not be fuffered to 
 receive injury under the reign of your 
 fp.cred Majefty, already fo illuftrioufly 
 diftinguifhed by your gracious at- 
 tention to the liberties of the people. 
 
 That your Majefty may long live 
 to make nations happy, is the ardent 
 prayer of your faithful fubjects the 
 Council and BurgefTes of Virginia. 
 To the Right Honourable the Lords 
 
 Spiritual and Temporal y in Parlia- 
 ment affcmbled. 
 The Memorial of the Council and Bvr- 
 
 gpffes of Virginia, now met in General 
 
 Affcmbly, 
 Humbly Rtprsfents, 
 
 That ypur Mkmorialilh hope an 
 application to your Lordfhips, the 
 fixed and -hereditary guardians of 
 Britifh liberty, will not be thought 
 improper at this time, when meafures 
 are propofed fubverfive, as they con- 
 ceive, of that freedom which all men, 
 efpecially thofe who derive their con- 
 ftitution from Britain, have a right 
 to enjoy : and they flatter themfelves 
 that your Lordfhips will not look upon 
 them as obje&s fo unworthy your at- 
 tention, as to regard a^ny impropriety 
 in the form or manner of their appli- 
 cation, for your Lordfhip's protection 
 of their juft and undoubted rights as 
 Britons. 
 
 It cannot be prefumption in your 
 memoriaiifts, to call themfelves by 
 this diftinguifhed name, frhce they are 
 defcended from Britons, who left their 
 native country to extend it's territory 
 and dominion, and who happily for 
 Britain, and, as your Memoriaiifts 
 once thought for themfelves too, ef- 
 fected this purpcfe. As our anceftors 
 brought with them every right and 
 privilege thev could with juftice claim, 
 in their mother kingdom, their.de- 
 icendants nuy conclude they cannot 
 
 be deprived of ihofe rights without 
 injuftice. 
 
 Your Memoriaiifts conceive it to be 
 a fundamental principle of the Britifh 
 conftitution, without which freedom 
 can no where exift ; that the people 
 are not fubject to any taxes, but fuch 
 as are laid on them by their own con- 
 fent, or by thofe who are legally ap- 
 pointed to reprefent them : Property 
 muft become too precarious for the ge- 
 nius of a free people, which can be 
 taken from them at the will of others, 
 who cannot know what taxes fuch peo- 
 ple can bear, or the eafieft mode of 
 raiJing them ; and who are not under 
 that reftraint, which is the greateft fe- 
 curity again ft a burthenfome taxation, 
 when the reprefentatives themfelves 
 muft be affected by every tax impofed 
 on the people. 
 
 Your Memoriaiifts are therefore led 
 into an humble confidence, that your 
 lordfhips will not think any reafon fuf- 
 ficient to fupport fuch a power in the 
 Britifh parliament, where the colonies 
 cannot be reprefented ; a power never 
 before conititutionally afTumed, and 
 which if they have a right to exercife 
 on any occafion, muft necefTarily efta- 
 blifh this melancholy truth, That the 
 inhabitants of the colonies are the 
 flaves of Britons, from whom they 
 are defcended, and from whom they 
 might expect every indulgence, that 
 the obligations of intereft and affection 
 can entitle them to. 
 
 Your Memoriaiifts have been in- 
 vefted with the right of taxing their 
 own people, from the firft eftablifh- 
 ment of a regular government in the 
 colony ; and requifitions have been 
 conftantly m.ide to them by their So- 
 vereigns, on all occafions, when the 
 affiftance of the colony was thought 
 necefTary, to preferve the Britifh in- 
 tereft in America, from whence they 
 muft conclude they cannot now be de- 
 prived of a right they have fo long 
 enjoyed, and which they have never 
 forfeited. 
 
 The expences incurred during the 
 
 laft 
 
PRIOR DOCUMENTS. 
 
 lail war, in compliance with the de- 
 mands on this colony, by our late and 
 prefent moil gracious Sovereigns, have 
 involved us in a debt of near half a 
 million : a debt not likely to decreafe 
 unUer the continued expence we are at 
 ia providing for the fecurity of the 
 people againit the incurfions of our 
 iavage neighbours, at a time when 
 the low flate of our flaple commodity, 
 the total want of fpede, and the late 
 reftrictions upon the trade of the co- 
 lonies, render the circumftaaces of the 
 people extre m ely diftre is ful, an a which, 
 if taxes are accumulated upon them by 
 tiie Britiih Parliament, will make them 
 iruiy deplorable. 
 
 Your Memorialifis cannot fuggeft to 
 themfelves any reafon why they mould 
 no: ftill be trufted with the property of 
 their people, with vvhofe abilities, and 
 the leaft burthenfome mode of taxing, 
 (with great deference to the fuperior 
 wifdom of Parliament) they muii: be 
 bed acquainted. 
 
 Your Mernorialifls hope they fhall 
 not be fuipected of being actuated on 
 this occafian by any principles but 
 tho-fe of the pureft loyalty 'and af- 
 feaiofl,. as they always endeavoured, 
 by t&eir conduct, to demonflrate that 
 they confider their connections with 
 Great- Britain, the feat of Liberty, as 
 tsieir greateil hsppinefs. 
 
 The duty they owe to themfelves 
 and their poilerity, lays your Memo- 
 liaiids under the neceffuy of endea- 
 vouring to eTtabliih their conilitution 
 upon its proper foundation. And 
 they do moil humbly pray yourLord- 
 Ihips to take this fubjecl into your 
 consideration, with the attention that 
 is due to ^the well-being of the co- 
 Jkanies:, on which the prcfperity of 
 Great Britain does in a great meafure 
 depend. 
 *Sro the Right Hevtfuraile the Knights, 
 
 Git zexs, and BurgeJ/es of Grsag- 
 
 Bntaitt, in Parliament affetnbled. 
 
 wHtf Remcnftvancs of the Ccum.il and 
 
 Burgees of Virginia.* 
 
 It appeal nig by the printed votes 
 -.5 Houfe of Commons of Great- 
 
 Britain in parliament aiTembled, thzft, 
 in a committee of the whole Houfe 
 the 1 7th day of March laft, it was 
 refolved, That towards defending, 
 protecting and fecuring the Britiih 
 colonies and plantations in America, 
 it may be proper to charge certain 
 (tamp duties in the faid colonies and 
 plantations ; and it being appre- 
 hended that the fame fubjcct which 
 was then declined, may be returned 
 and further purfued in a fuc:eeaing 
 fefiicn, the Council and Burgefies of 
 Virginia met in General Aiiembly* 
 judge it their indifpenfable uuty in a 
 reipectfui manner, but with decent 
 firmnefs, to remonilrate againft fuch 
 a m&afufe 5 that at lead a ceffion of 
 tiiofe rights, which in their opinion 
 mu$ be infringed by that pro- 
 cedure, may not be inferred from 
 their iilence at fa important a 
 criiis. 
 
 They conceive it is eiTential to Bri- 
 tifh liberty ti'iat laws impoiing taxes 
 on the people ought not to be made 
 without the confent of repreiematives 
 chofen by themielves ; who, at the 
 fame time that they are acquainted 
 with the circumilances of their confti- 
 tuenis, furtain a proportion of the 
 burthen laid on them. This privi- 
 lege inherent in the perfons who dif- 
 covered and fettled thefe region^ 
 could not be renounced, or forfeited 
 by their removal hither, not as vaga- 
 bonds and fugitives, but iicenfed and 
 encouraged by their Prince, and ani- 
 mated with a laudable defire of en- 
 larging the Britiih dominion, and 
 extending its commerce ; on the con- 
 trary it was fecured to them and their 
 descendants, with a;l other rights and 
 immunities of Briiiih fubjects, by a 
 royal charter, which hath been inva- 
 riably recognized and confirmed by 
 His iVajeity and his predecefibrs in 
 their commiffions to tne feveral Go- 
 vernors, granting a power, and pre- 
 fcribing a torm or legiilation : accord- 
 ing to which, laws for the admini- 
 ftnition of juitice, and for the welfare 
 
 and 
 
P K I O R DO 
 
 and good government of the colony, 
 have been enabled by the Governor, 
 Council and General Affembly ; and 
 to them requifitions and applications 
 for fupplies have been directed by the 
 crown. As an inftance of the opi- 
 nion which former fovereigns enter- 
 tained of thefe rights and privileges, 
 we beg leave to refer to three acts of 
 the General Affembly, paiTed in the 
 thirty-fecond year of the reign of 
 King Charles the Second (one of 
 which is intitled, An aff for raj- 
 Jifjfr a publick revenue for the letter 
 fuppzrt of the government of His Ma- 
 jcfty*s Colony of Virginia, impoiing 
 ieveral duties for that purpofe) which 
 being thought abfolutely necefLry, 
 were prepared in England, and 
 fent over by their then Governor, the 
 Lord Culpepper, to be pafTed by the 
 General Affembiy, with a full power 
 to give the royal affent thereto ; and 
 which were accordingly paffed after 
 fever.al amendments were made to 
 them here. Thus tender was His 
 Majefty of the rights of his American 
 fubjecls : and the rernonilnmts do not 
 difcern by what diftinclion they can 
 be deprived of that facred birthright 
 and moft valuable inheritance, by 
 their feilow-fubjects ; nor with what 
 propriety thev can be taxed or affected 
 in their eftates by the parliament, 
 wherein they are not, and indeed 
 cannot, constitutionally be repre- 
 fented. 
 
 And if it were proper for the par- 
 liament to impofe taxes on the colo- 
 nies at all, which the remonflrants 
 take leave to think would be incon- 
 fiflent with the fundamental princi- 
 ples of the conititution, the exercife 
 of that power at this time would be 
 ruinous to Virginia, who exerted her- 
 felf in the late war it is feared beyond 
 her ftrength ; infomuch that to re- 
 deem the money granted for that exi- 
 gence, her people are taxed for fe- 
 veral years to come: this, with the 
 large expences incurred for defending 
 the frontiers againft the reftlefs In- 
 
 C U M N T S. 15* 
 
 dians, whp have infefled her as muc 
 fmce the peace as before, is fo grie- 
 vous that an increafe of the burthen 
 will be intolerable; efpccially as th 
 people are very greatly diflreffed al- 
 ready from the fcarcity of circulating 
 caih amongfl them, and from the lit- 
 tle value of their ihple at the Britilh 
 markets. 
 
 And it is prefumed, that adding to 
 that load which the colony now la- 
 bours under, will not be more op- 
 preifive to her people than deftrudive 
 oftheintereft of GreatrBritain : for 
 the plantation trade, confined as it is 
 to the mother-country, hath been <t 
 principal means of multiplying and 
 inriching her inhabitants ; and if not 
 too much difcouraged, may prove an 
 inexhauflible fource of treafure to the 
 nation. For fatisfaclion in this point, 
 let the prefent ftate of the Briiim 
 fleet and trade be compared with 
 what they were before the fettlenient 
 of the colonies ; and let it be confi- 
 dered, that whilft property in land 
 may be acquired on very eafy terms, 
 in the vait uncultivated territory of 
 North America, the coloniib will be 
 moftly, if not wholly employed in 
 agriculture ; whereby the exportation 
 of their commodities to Great Britain, 
 and the confump'ion of their manu- 
 factures fupplied from thence, will 
 be dai!y inireafing. But this molt 
 defirable connection between Great- 
 Britain and her co'onLs, fupported 
 by fuch an happy intercourfe of reci- 
 procal benefits as is continually ad- 
 vancing the profperity of both, muft 
 be interrupted, if the people of th 
 latter, reduced to extreme poverty, 
 fhould be compelled to manufacture 
 thofe articles they have been hitherto 
 furnifhed with from, the former. 
 
 From thefe confiderauons it is hop- 
 ed that the Honourable Houfe of 
 Commons will not proilcute a mea- 
 fure, which thofe who may fuffer it 
 cannot but look upon as fitter for 
 exiles driven from their native coun- 
 try 
 
166 
 
 I O R 
 
 DOCUMENTS. 
 
 try after ignominioufiy forfeiting her 
 favours and protection, than for the 
 pofterity of Britons, who have at all 
 times been forward to dembnltrate all 
 due reverence to the mother-kingdom, 
 and are fo inftruinental in promoting 
 her glory and felicity ; and that Bri- 
 tiih patriots will never confent to the 
 exercile of anti-conftitutiona'l power ; 
 which, even in this remote corner 
 may be dangefotis in its exatriple to 
 the interior parts of the Britilh em- 
 pire, and will certainly be detrimen- 
 tal to its commerce. 
 fo the Honourable the Commons of 
 
 Great-Britain in Parliament aflem- 
 
 bled. 
 ^The Petition of tie Council and Houfe 
 
 of Reprefeniati<ves of bis Majefly v s 
 
 Province of MaJ/ackufets- Bay, 
 Moft humbly Jbpivftk} 
 
 That the act paffed in the lail fef- 
 fibn of parliament entitled, An afl 
 granting certain duties in the Brhijh co- 
 lonies and plantations in America, 5V. 
 mufl neceffarily bring many burdens 
 on the inhabitants of thole colonies 
 and plantations, which your peti- 
 tioners conceive, would not have been 
 impofed, if a full reprefentation of 
 the ftate of the colonies had been 
 made to this honourable houfe. 
 
 That the duties laid upon foreign- 
 fugars and molaffes by a former aft 
 of parliament, entitled, An act for 
 'the better fe curing and encouraging the 
 trade of his Majcfty's fugar colonies in 
 America : if the act had been execu- 
 ted with rigor, mull have had the 
 effect of an abfolute prohibition. 
 
 That the duties laid on thofe arti- 
 cles by the prefent aft flill remain 
 fo great, that, however otherwife in- 
 tended, they mull undoubtedly have 
 the fame effect. 
 
 That the importation of foreign 
 molaffes into this province in particu- 
 lar, is of the greateft importance, 
 and a prohibition will be prejudicial 
 to many branches of its trade, and 
 will leflen the confumption of the 
 manufactures of Great- Britain. 
 
 That this importance does not arife 
 merely nor principally from the ne- 
 ceffity of foreign molaffes, in order 
 to its being corifumed or diflilled 
 within this province. 
 
 That if the trade for many years 
 carried on for foreign molaffes can 
 no longer be continued, a vent cannot 
 be found for more than one half the 
 fifh of inferior quality, which i& 
 caught and cured by the inhabitants 
 of this province ; the French permit- 
 ting no fifh to be carried by foreign- 
 ers to any of their iflands, unlefs it 
 be bartered or exchanged for mo- 
 laffes. 
 
 That if there be no fale of fifh of 
 inferior quality, it will be impoflible 
 to continue the fifhery ; the fifh ufual- 
 Jy fent to Europe will then colt fo 
 ctear^ that the French will be able to 
 underfell the Englifh at all the Euro- 
 pean markets, and by this means on& 
 of the moil valuable returns to Great- 
 Britain will be utterly loft, and that 
 great nurfery of feamen deftroyed. 
 
 That the reftraints laid upon the 
 exportation of timber, boards, ftaves, 
 and other lumber from the colonies 
 to Ireland and other parts of Europe, 
 except Great-Britain, mull greatly 
 affect the trade of this province, and 
 difcourage the clearing and improv- 
 ing the lands which arc yet unculti- 
 vated. 
 
 That the powers given by the late 
 act to the court of vice-admiralty con- 
 fHtuted over all America, are fo ex- 
 preffed, as to leave it doubtful, whe- 
 ther goods feized for illicit importa- 
 tion in any of the colonies, may not 
 be removed to any other colony where 
 the judge may refide, although at 
 many hundred miles cliftance from the 
 place of feizure. 
 
 That, if this contraction mould be 
 admitted, many perfons, however le- 
 gally their goods may have been im- 
 ported, muft lofe their property, 
 merely from an inability of following 
 after it, and making that defence 
 which they might do, if the trial had 
 
 been 
 
PRIOR DO 
 
 been in .the colony where the goods 
 were feized ; that this conftruction 
 would be fo much the more grievous, 
 feeing that in America, the officers 
 by this act ?re indemnified in cafe of 
 feizure, whenfbever the judge of ad- 
 miralty mall certify that there was 
 probable caufe ; and the claimant can 
 neither have coils, nor maintain an 
 action a^ainft the perfons feizing, how 
 much ibever he may have expended 
 in defence of his property. 
 
 That the extenfion of the powers 
 of courts of vice-admiralty, have, fo 
 far as the jurifdi&ion of the faid courts 
 have been extended, deprived the co- 
 lonies of one of the moft valuable of 
 EngHfh liberties, trials by juries. 
 
 That every act of parliament, 
 which in this refpecl: diftingui flies his 
 Majefty's fubjeds in the colonies, 
 from their fellow-lubjects in Great- 
 Britain, muft create a very fenfible 
 concern and grief. 
 
 That there have been communica- 
 ted to your petitioners fundry refolo- 
 tions of the Houfe of Commons in 
 their laft feflion, for impofing ftarnp 
 duties or taxes upon the inhabitants 
 pf the colonies, conlideration whereof 
 was referred to the next feffion. 
 
 That your petitioners acknow- 
 ledge with all gratitude, the tender- 
 neis of the legiflature of Great-Bri- 
 tain, of the liberties and privileges of 
 the fubjects in the colonies, who have 
 always judged by their reprefenta- 
 tives, both of the way and manner 
 in which internal taxes mould be rai- 
 fed within the r.efpective govern- 
 ments. 
 
 That they humbly hope the colo- 
 nies in general have fo demeaned 
 themfelves, more efpecially during 
 the late war, as Hill to deferve the 
 continuance of all thofe liberties and 
 privileges which (hey have hitherto 
 enjoyed. 
 
 That although during the war the 
 faxes upon the colonies were greater 
 
 C U M E N T S. X 6i 
 
 than they have been fince the conclu- 
 fion of it, yet the fources by which 
 the inhabitants were enabled to pay 
 their taxes having ceafed, and their 
 trade being decayed, they are not fo 
 able to pay the taxes they are fub- 
 je&ed to in time of peace, as they 
 were the greater taxes in time of 
 war. 
 
 That one principal difficulty which 
 has ever attended the trade of the co- 
 lonies proceeds from the fcarcity of 
 money, which fcarcity is caufed by 
 the balance of trade with Great-Bri- 
 tain, which has been continually a- 
 gainft the colonies. 
 
 That the drawing fums of money 
 from the colonies from time to time, 
 muft diftrefs the trade to that degree, 
 that eventually Great-Britain muit 
 lofe more by the diminution of the 
 confumption of her manufactures, 
 than all the fums which it is poffible 
 for the colonies thus to pay can coun- 
 tervail. 
 
 That they humbly conceive, if the 
 taxes which the inhabitants of this 
 province are obliged annually to pay 
 towards the fupport of the internal 
 government, the reftraint they are 
 under in their trade, for the benefit 
 of Great- Britain, and the confump- 
 ticn thereby occasioned of Britidi ma- 
 nufactures be all confidered, and have 
 their due weight, it muft appear, 
 that the fubjects in this province, are 
 as fully burthened as their fellow- 
 fubjects in Britain, and that they are, 
 vvhilft in America, more beneficial 
 to the nation than they could be if 
 they mould be removed to Britain, 
 and there held to a full proportion of 
 the national taxes and duties of every 
 kind. 
 
 Your petitioners therefore moft 
 humbly pray, that they may be reliev- 
 ed from the burdens, which they have 
 humbly reprefented to have been 
 brought upon them by the late act of 
 parliament, as to the wifciom of the 
 Y honour- 
 
PRIOR DOCUMENTS. 
 
 honourable houfe mall feem meet ; 
 that the privileges of the colonies, re- 
 lative to their internal taxes, which 
 they have fo long enjoyed, may ftill 
 be continued to them, or that the 
 confideration of fuch taxes upon the 
 colonies may be referred until your 
 petitioners, in conjunction with the 
 other governments, can have oppor- 
 tunity to make a more full reprefenta- 
 tion of the ftate and condition of the 
 colonies, and the interefl of Great- 
 Britain with regard to them.' 
 
 *V* The Petitions and Reprefentations 
 from New-York, Rbode-IJland, &c. are 
 to the fame ejfeB. 
 
 t On Friday the 1 5th of May, 1767, 
 &Ir. Fuller having reported to the 
 Houfe of Commons from the com- 
 mittee of the whole houfe, to whom 
 it was referred, to conlider of the 
 feveral papers which had been pre- 
 fented to the'houfe this feffion of par- 
 liament, relating to the North Ame- 
 rican colonies feveral relblutions, 
 importing, That it appeared to the 
 committee, that the Houfe of Re- 
 prefentadves of his Majefty's province 
 of New- York, have, in direct difobe- 
 dience of the authority of the legifla- 
 ture of Great-Britain, refufed to make 
 provifion for fupplying with neceffa- 
 ries his Majefty's troops, in fuch 
 manner as is required by an aft of 
 parliament, made in the 5th year of 
 his Majefty's reign, intituled, ' An 
 aft to amend and render more ef- 
 fectual, in his Majeity's dominions 
 in America, an aft pafied in this pre- 
 fent feffions of parliment, entitled, 
 An acl; for punifhing mutiny and 
 defertion, and fcr the better pay- 
 ment of the army and their quar- 
 ters.' 
 
 Alfo that it appeared to the com- 
 mittee, that an acl of affembly hath 
 been pafled in the faid province, for 
 furniming the barracks in the cities 
 of New- York aud Albany, with fire* 
 
 wood and candles, and other necefla- 
 ries therein mentioned, for his Ma- 
 jcfty's forces, inconfiilent with the 
 provifions, and in oppoiltion to the 
 directions of the faid acl of parlia- 
 ment. 
 
 Alfo, that it is the opinion of the 
 committee, that until provifion mall 
 have been made by the faid AfTembly, 
 for furnifhing the King's troops, with 
 all the neceffaries required by the faid 
 aft of parliament, the governor, coun- 
 cil, and aiTembly, be refpeftively re- 
 ftrained and prohibited from pafling 
 or affenting to any aft of Aflembly* 
 for any other purpofe whatever; 
 and in confequence of thefe refolu- 
 tions, a bill was brought in, and 
 pafied. 
 
 In the debate on this bill Gov- 
 Pownall flfld, Are vou determined from 
 hence to direft and regulate the quar- 
 tering of the King's troops in North 
 America ? Do it in away that brings 
 it home to the executive power there, 
 to carry your directions and regula- 
 tions into execution ; explain and 
 amend your aft : make it practicable ; 
 make it effective; and then you may 
 fairly decide whether they deny your 
 fovereignty or not. You will find 
 they do not. If you think your way 
 of making an adequate and certain 
 provifion for the charge of this fervice, 
 is by the parliament's impofing a tax 
 upon the people for that purpofe; 
 and that you have power, and it is 
 advifeable to exert that power, to ef- 
 fectuate fuch fupply, by fuch tax, you 
 need not hefitate to avow it openly 
 and directly ; for the people of the 
 colonies, from one end of the conti- 
 nent to the other, do invariably con- 
 fider the claufe in the aft of parlia* 
 ment, directing bow that charge mall 
 be fupplied, as an internal tax impofed 
 upon them. It is from this idea, that 
 every aft of obedience, as well as of 
 difobedience to your aft of parlia- 
 nre,nt, omit be conftrued and explain- 
 ed 
 
PRIOR DOCUMENTS. 
 
 <d. Thofe whom you are willing to 
 linderiland as having obeyed your 
 &ft, have contrived to do it in a mode 
 which neither recognizes the aft of 
 parliament, nor fubmits to the tax- 
 ationas fuch. And although you 
 reprefent the affembly of the province 
 of New- York alone, as having revoltr 
 
 i againft this power believe me, 
 there is not a province, a colony, or a 
 plantation, that will fubmit to a tax 
 thus impofed, more than New- York 
 will. All have fhewn their readinefs 
 to execute this fervice of quartering 
 as an aft .of their own all have, in 
 their zeal to provide for it, by a grant 
 of their own, provided a fupply to 
 anfwer the expence ; but not one 
 lingle affembly has or ever will, aft 
 under the powers and proviiions of 
 this aft, as acknowledging, and, in 
 confequence thereof apportioning, ai- 
 feffing, and levying, the fupply, as 
 a tax impofed by parliament. They 
 have either afted without taking no- 
 tice at all of this aft of parliament, 
 or have contrived feme way or other 
 to vary in feme particulars, fufficient 
 fo make the execution and the tax an 
 aft of their own. Try the conduft 
 of every province and colony through 
 by this rule, and you will find nothing 
 particular in the cafe of New- York 
 Don't fancy that you can divide the 
 people upon this point, and that you 
 need only divide to govern you will 
 by this conduct inly unite them the more 
 inf parably you will make the caufe 
 of New- York a common caufe and 
 will call up every other province and 
 colony to ftand forth in their j uftifica- 
 tion while New- York, learning from 
 the complexion of your meafure, how 
 to avoid or evade the purport of your 
 enforcing biU, will fujpend the force of 
 it, inftead of itfufpenditg the ajjembly 
 of that province, againit whom it is 
 brought forward. 
 
 The claufe in the quartering aft, 
 directing that the fupply for reim- 
 
 burling the expence of quartering tha 
 troops Jball be raifed by the refpeftive 
 afTemblies of the provinces or colo- 
 nies which is by all the people of 
 America, confidered as (and is indeed) 
 a tax impofed by parliament, ba 
 brought in fal, into difcuffion, that 
 queftion of the right of taxation, which 
 the cautious and (what I think) im- 
 prudent wifdom of many have en- 
 deavoured to keep wrapped up and 
 fufpended in theory, Thofe things 
 which fchemes of policy vviftied to 
 hold in queflion afts and deeds will 
 bring into deciiion. You have, on 
 one hand, by your declaratory law, 
 aflerted your right and power of tax- 
 ation over the colonies, and fo far as 
 this aft goes, you have, exerted that 
 power. On the other hand, it is a 
 faft which the Houfe ought to be ap- 
 prized of in all its extent, THAT 
 
 THE PEOPLE OF AMERICA, UNI- 
 VERSALLY, UNITEDLY, AND UN- 
 ALTERABLY, ARE RESOLVED NOT 
 TO SUBMIT TO ANY INTERNAL 
 TAX IMPOSED UPON THEM BY ANY 
 LEGISLATURE, IN WHICH THEY 
 HAVE NOT A SHARE BY REPRESEN- 
 TATIVES OF THEIR OWN ELECTION. 
 
 " This claim muft not be under- 
 ftood, as though it were only the pre- 
 tences of party-leaders and dema- 
 gogues ; as though it were only the 
 viiions of fpeculative enthuiiafts ; as 
 though it were the mere ebullition of 
 a faftion which muft fublide; as 
 though it were only temporary or 
 partial it is the cool, deliberate, 
 principleJ^ffirr very man of 
 
 bulmeis in the country. "" 
 
 *he following Petition from the Mer- 
 chants of Ne<vj-Tork y <was prefented 
 to the Houfe of Commons in this 
 fejfion. 
 
 This petition fet forth, ' That the 
 commerce of the North American co- 
 lonies is fo feverely clogged and re- 
 flrifted by the fta.tutes of the 4th and 
 Y 2 6& 
 
164 P R I O R D O 
 
 6th of his prefent Majcfty's reign, as 
 to afford a melancholy prefage of its 
 definition, the fatal effects of which, 
 though firft felt there, muft be finally 
 transferred to Great Britain , and cen- 
 ter with her merchants and manufac- 
 turers : that an evil fo extenfive, could 
 not fail of alarming the petitioners, 
 vvhofe fituation expofes them to the 
 firtt impreffion of this calamity ; 
 whence they think it their duty to 
 implore the houfe to refume the con- 
 fideration of the plantation trade, for 
 effectual redrefs. It is the fingular 
 difadvantage of the Northern Bridm 
 colonies, that, while they Hand in 
 need of vail quantities of the manu- 
 factures of Great Britain, the country 
 produces very little that affords a di- 
 rect remittance thither in payment, 
 and therefore from neceffity they have 
 been driven to feek a market for their 
 produce, and by a courfe of traffic, 
 to acquire either money or fuch mer- 
 chandize, as would anfwer the pur- 
 pofe of a remittance, and enable 
 them to fuftain their credit with their 
 mother country: as the nature of 
 the petitioners commerce, when free 
 from the late reftraints, ought to be 
 underftood, they beg leave to oblerve, 
 that their produce then fent to our 
 own and the foreign iflands, was 
 chiefly bartered for fugar, rum, me- 
 laffes, cotton, and indigo ; that the 
 fugar, Cotton, and indigo, ferved as 
 remittance to Great Britain, which 
 the rum and melafles conftituted ef- 
 fential branches of their commerce, 
 and enabled them to barter with our 
 own colonies for iifh and rice, and by 
 that means to purfue a valuable trade 
 with Spain, Portugal and Italy, wher-e 
 they chiefly obtained money, or bills 
 of exchange in return, and likewife 
 qualified them for adventures to Afri- 
 ca, where they had the advantage of 
 putting off great quantities of Britifh 
 Manufactures, and of receiving in ex- 
 change gold, ivory, and flaves, which 
 
 C U M E N T S. 
 laft being difpofed of in the Weft In- 
 dia iflands, commanded money or 
 bills : rum was indiipen fable in their 
 Indian trade, and with Britifh manu- 
 factures, procured furs and fkins, 
 which both ferved for coniiderable re- 
 turns to Great Britain, and encreafed 
 its revenue. The trade to the bay of 
 Honduras was alfo of great impor- 
 tance, it being managed with fmall 
 cargoes of provifions, rum, and Bri- 
 tiih manufactures, which, while they 
 were at liberty to fend foreign log- 
 wood to the different ports in Europe 
 furniihed them with another valuable 
 remittance. From this view, it is 
 evident that fugar, rum, rnelaiies and 
 logwood, with cotton and indigo, 
 are the eflentials of their return car- 
 goes, ! and the chief fources, from 
 which, in a courfe of trade they have 
 maintained their credit with Great- 
 Britain. That confidering the pro- 
 digious confumption of the produce of 
 the Weft Indies in Great Britain, Ire- 
 land, and the colonies on the conti- 
 nent of America; the rapid increafe 
 of thofe colonies ; the vaft acceffiori 
 of fubjects by the late conquefts ; the 
 utter incapacity of our own ifland to 
 fupply fo great a demand, will, the 
 petitioners prefume, be out of all 
 queftion ; on the other hand, the 
 lumber produced from clearing this 
 immenfe territory, and the provifions 
 extracted from a fertile ioil, muft 
 raife a fupply for exportation much 
 greater than all our iflands can con- 
 fume ; it feems therefore confiftent 
 with found policy, to indulge thofe 
 colonies both in the free and unre- 
 ftrained exportation of all the lumber 
 and produce they can fpare, and an 
 ample importation of fugar, rum and 
 melaffes, to fupply the various branch- 
 es of their trade ; ftnce without the? 
 one the clearing of lands will be dif- 
 couraged ; and provifions, for want 
 of vent, become of little profit to the 
 farmer; without the other, the pe- 
 titioners 
 
PRIOR DOCUMENTS. 
 
 titioners mnft be plunged into a total 
 incapacity of making good their pay- 
 ments of Britifh debts ; their credit 
 muft fmk, and their imports from. 
 Great Britain gradually diminifh, till 
 they are contracted to the narrow 
 cotnpafs of remittances, in articles of 
 their own produce ; whence the colo- 
 nies muft, from inevitable neceffity, 
 betake themfelves to manufactures of 
 their own, which will be attended 
 with confequences very detrimental to 
 thofe of Great Britain. 
 
 The petitioners having thus repre- 
 fented the nature of tneir commerce, 
 hurn^y beg leave to point out the fe- 
 veral grievances under which it la- 
 bours, from the regulations prefcribed 
 by the two before-mentioned acts. 
 The heavy embanaffrnents, which at- 
 tend the article of fugar, is a capital 
 fubject of complaint; and, befides 
 the abiblute neceffity of a great im- 
 portation to fuftain their trade, it of- 
 ten happens, that at the foreign 
 iflands a fufficient return-cargo inde- 
 pendent of fugar, cannot be procured, 
 which renders trade precarious and 
 difcouraging; beiides, the high duty 
 of 55. fterling a hundred, is found by 
 experience to be fo exceffive, that it 
 has induced the fair trader to decline 
 that branch of bufmefs, while, to 
 people lefs fcrupulous, it prefents an 
 irreJiiHble temptation to fmuggling. 
 That the preffure of this duty is not 
 aggravated, the petitioners appeal to 
 the officers of the cuftoms of their 
 port, who muft confefs that there 
 havi not been wanting inftances 
 where merchants have been driven to 
 the difagreeable neceffity of bringing 
 their very plate into the cuftom-houfe 
 to difcharge it. The petitioners there- 
 fore moil humbly intreat that a more 
 moderate duty be laid on foreign 
 fugars, which, they are afiured, would 
 not only greatly promote the profpe- 
 rity both of tliofe colonies and their 
 mother country, but encreafe thi? 
 
 royal revenue far beyond what can 
 be expected under the prefent re- 
 ftraints. The compelling merchants 
 to land and ftore foreign fugars ift 
 Great Britain, before they are ex- 
 ported to other parts of Europe, is 
 another expeniive and dilatory re- 
 ftriction, without being of any ma- 
 teri .1 advantage to the revenue of 
 Great Britain ; for it puts it out of 
 the petitioners power to meet foreign- 
 ers at market upon an equal footing. 
 That Britifh plantation fugar export- 
 ed from North America, mould be de- 
 clared French on being landed in 
 England, the petitioners conceive may 
 be juftly claffed among the number 
 of hardships inflicted by thofe regu- 
 lations, as in effect it deprives them 
 of making a remittance in that article, 
 by expofing them to the payment of 
 the foreign duty in Great Britain, 
 which appears the molt {eve re, as 
 their fellow-iubjects of the iflands are 
 left at liberty to export thofe fugars 
 for what they really are, and a dif- 
 tinction is formed which ;he petition- 
 ers cannot but regard with uneafmefs. 
 That foreign rum, French excepted, 
 is the next article which the petition-* 
 ers molt humbly propofe for confide- 
 ration, as its importation, on a mo- 
 derate duty, would add confiderably 
 to the revenue, prevent fmuggling, 
 encreafe the. fale of Britifh manufac- 
 tures, and enable the petitioners to 
 bring back the full value of their car- 
 goes, more efpecially from the Daniih 
 iflands of St. Thomas and St. Croix, 
 where they can only receive half the 
 value in fugar and cotton, and con- 
 fequently rum alone can be expected 
 for the other half, thofe iflands hav- 
 ing no fpice but of a bafe kind. That 
 it is with the greateft concern the pe- 
 titioners obferve, that foreign log- 
 wood is alfo made fubject to the de- 
 lay, hazard, and expence of being 
 landed in Great Britain ; which with 
 its low price, its bulk, and the duty 
 
PRI6R DOCUMENTS. 
 
 with which it is now burthened, muft 
 totally deftroy that valuable branch 
 of the petitioners commerce, and 
 throw it into the hands of foreigners 
 unfettered with thofe heavy embarrafT- 
 jnents. That their lumber and pot- 
 aih, even when fliipped for Ireland, 
 where the latter is fo neceflary for the 
 progrefs of their linen manufacture, 
 and even provifions, though intended 
 to relieve that kingdom from a fa- 
 mine, are fubject to the fame dif- 
 trefllng impediments; nor is flax- feed 
 en the timely importation of which 
 fhe'very existence of the linen manu- 
 facture immediately depends, exempt- 
 ed : yet both flax-feed, lumber, and 
 pot-afn, may all be imported into 
 Ireland directly from the Baltic, where 
 they are purchafed from foreigners 
 under the national difadvantage of 
 Ibeing paid for with money inftead of 
 manufactures; the petitioners, there- 
 fore, humbly beg leave to exprefs 
 their hopes, that an evil fo highly 
 prejudicial to them, to the ftaple of 
 Ireland, and to the trade and manu- 
 factures of Great Britain, will not 
 fail of obtaining the, attention of the 
 Hcufe, and an immediate and effec- 
 tual redrefs. The petitioners beg 
 leave further to represent, that the 
 wines from the iflands, in exchange 
 for wheat, flour, fiih and lumber, 
 would considerably augment the im- 
 portant article of remittance, was the 
 American duty withdrawn on expor- 
 tation to Great Britain : it is there- 
 lore humbly fubmitted to the Houfe, 
 whether fuch an expedient, calculated 
 at once to attach the inhabitants to 
 fcufbandry, by encreaiing the confump- 
 iion of American produce, to encour- 
 age Britifh manufactures by enabling 
 *.;j petitioners to make good their 
 payments, and to encreafe the royal 
 revenue by an additional import of 
 wines into Great Britain, will not be 
 confident with the united interefts 
 botji of the mother country and her 
 
 colonies. The petitioners alfo con- 
 ceive that the North American fifhery 
 is of the higheft national importance, 
 iince, by annually employing fo great 
 a number of fhipping, it conftitutes 
 a refpectable nurfery for feamen, and 
 is fo advantageous in remittances in 
 payment for Britifh manufactures ; 
 whence the petitioners humbly pre- 
 fume it will be cheriflied by the 
 Houfe, and every impediment removed 
 that tends to check its progrefs. The 
 enlarging the jurifdiclion of the ad- 
 miralty is another part of the fourth 
 of his Majefty's reign, very grievous 
 to the trade and navigation of the 
 colonies, and opprefTive to the fub- 
 jects. The petitioners beg leave to 
 exprefs their warmer! fentiments of 
 gratitude for the advantages intended 
 by parliament in the opening free 
 ports in the iflands of Jamaica and 
 Dominica ; yet, at the fame time, can- 
 not but lament their being fo unhappy 
 as to be unable to reap the benefits, 
 which, it was imagined,, would flow 
 from fo wife a policy. The collect- 
 ing great quantities of the produce of 
 Martinico, Guadaloupe, &c. at the 
 iiland of Dominica, would be of real 
 advantage to the colonies, were they 
 permitted to take them in return for, 
 their lumber and provifions ; but as 
 they are now prohibited from taking 
 any thing but melafles, the petition- 
 ers think it evident, that they can 
 derive no fubftantial advantage under 
 fuch a reftraint, and are unable tot- 
 difcern the principle on which the 
 prohibition is founded ; for fince fu- 
 gar may be imported directly from 
 the foreign iflands, it feems much 
 more reasonable to fuffer it from a 
 free port belonging to Great Britain. 
 The petitioners, therefore humbly 
 hope,' that the Houfe will 'think it 
 equitable to adapt this trade to their 
 circumftances, by granting them li- 
 berty to import into the colonies all 
 "Welt India productions, in exchanges 
 
 for 
 
PRIOR DOC 
 
 for their commodities ; and that, upon 
 the whole, the petitioners, with the 
 greateft anxiety, find themfelves o- 
 bliged to inform the Houfe, that al- 
 though, at the laft feflbn, the neceffi- 
 ty of relieving the trade of thofe colo- 
 nies leems to have been univerfaily 
 admitted, and the tender regard of 
 parliament for their happinels highly 
 diftinguifhed ; neverthelefs, experi- 
 ence has evinced, that the commer- 
 cial regulations then enacted, inftead 
 of remedying, have encreafed the hea- 
 vy burthen under which it already la- 
 boured. Hence, upon due confidera- 
 fion, nothing can be more manifeft, 
 than that the ability of thofe colonies 
 topurchafe the manufactures of Great 
 Britain, immediately depends upon, 
 and is infeparably connected with the 
 progrefs of their commerce ; and that 
 ability, by removing the neceffity of 
 home manufactures, would leave them 
 at liberty to purfue agriculture, in 
 vvhich their intereft confifts. The 
 petitioners, therefore, pray the houfe 
 to take the above into consideration, 
 and to grant fuch relief therein as 
 ftiall be thought confiftent with good 
 policy, and the mutual interelis of 
 Great Britain and her colonies. 
 ' The petition was ordered to lie up- 
 on the table : no other notice was 
 taken of it. 
 
 A Letter to Dennis De Bcr<tt, Efq J 
 ' Agent for the Houfe of Reprcfcnta- 
 
 tives. 
 
 Province cf the Maffachufetti-Bay, 
 January 12, 1768. 
 
 SIR, 
 
 Since the laft fitting of the general 
 Court, divers acts of parliament rela- 
 ting to the colonies have arrived here : 
 and as the people of this province 
 had no mare in the framing thofe 
 lav/s, in which they are fo deeply 
 imerefted, the Houfe of Reprefen- 
 tatives, who are conftitutiouaily en- 
 trufted by them as the guardians 
 of their rights and liberties, have 
 
 tf M E N T S. -167 
 
 thought it their indifpenfable duty 
 carefully to perufe them ; and having 
 fo done, to point out fuch matters in 
 them as appear to be grievous to their 
 ccmftituents, and to feek redrefs. 
 
 The fundamental rules of the con- 
 ftitution are the grand fecurity of all 
 Britim fubjefts ; and it is a fecurity 
 which they are all equally entitled to 
 in all parts of his Majefty's extended 
 dominions. The fupreme legislative, 
 in every free ftate, derives its power 
 from the conftitution, by the funda- 
 mental rules of which it is bounded 
 and circumfcribed. As a legiilative 
 power is eilentially requifite, where 
 any powers of government are exer- 
 cifed, it is conceived, the feveral le- 
 giflative bodies in America were e- 
 rc&ed, becaufe their exiftence, and 
 the free exercife of their power with- 
 in their feveral limits, are eflentialljr 
 important and neceffary, to preferve 
 to his Majefty's fubje&s in, America 
 the advantages of the fundamental 
 laws of the conftitution. 
 
 V/hen we mention the rights of 
 the fubjefts in America, and the in- 
 tereft we have in the Britim conftitu- 
 tion, in common with all other Bri- 
 tim fubjecls, we cannot juftly be fuf- 
 peeled of the moft diftant thought of 
 an independency on Great Britain. 
 Some, we knpw, have imagined 
 this of the colonifts; and others may 
 perhaps have induftrioufly propagated 
 it, to raife groundlefs and unreafon- 
 able jealounes of them : but it is fo 
 far from the truth, that we apprehend 
 the colonies would refufe it if offered 
 to them, and would even deem it the 
 greateft misfortune to be obliged to 
 accept it. They are far from being 
 infeniible of their happineis in being 
 connected with the mother country, 
 and of the mutual benefits derived 
 from it to both : it is therefore the in- 
 difpenfible duty of all, to cultivate 
 and eftablifh a mutual harmony, and 
 to promote -the intercourie of good of- 
 fices 
 
PRIOR DOCUMENTS. 
 
 fices betwee them: and while both 
 have the free enjoyment of the rights 
 of our happy conftitution, there will 
 be no grounds of envy and difcontent 
 in the one, nor of jealoufy and mif- 
 truft in the other. 
 
 It is the glory of the Britlfh confti- 
 tution, that it hath its foundation in 
 the law of God and nature: It is an 
 cfiential natural right, that a man 
 fhall quietly enjoy, and have the fole 
 difpofal of his own property : this right 
 is adopted into the conftitution : this 
 natural and conftitutional right is fo 
 familiar to the American fubjefts, 
 that it would be difficult, if poffible, 
 to convince them, that any necefiity 
 can render it juft, equitable, and rea- 
 ibnable, in the nature of things, that 
 the parliament mould impofe duties, 
 fubfidies, talliages, and taxes, upon 
 them, internal or external, for the 
 fole purpofe of raifmg a revenue. The 
 reafon is obvious ; becaufe they can- 
 not be reprefented, and therefore 
 their confent cannot be conititutional- 
 ly had in parliament. 
 
 When the parliament, foon after 
 the repeal of the ftamp-aft, thought 
 proper to pafs another aft, declaring 
 the authority, power, and right of 
 parliament to make laws that mould 
 be binding on the colonies in all cafes 
 whatever, it is probable, that afts for 
 levying taxes on, the colonies, exter- 
 nal and internal, were included : for 
 the aft made the laft year, im- 
 pofmg duties on paper, glafs, &c. as 
 well as the fugar-afts and the ftamp- 
 aft, are, to all intents and purpofes, 
 in form as well as in fubftance, as 
 much revenue afts as thofe for the 
 land-tax, cultoms and cxcifes in Eng- 
 land. The neceflity of eitabliihing 
 a revenue in America is exprefs- 
 ly mentioned in the preambles : they 
 Were originated in the honourable 
 Houfe of Commons, as all other mo- 
 ney and revenue bills are; and the 
 property of the colonies, with the 
 
 fame form, ceremony and expreffions 
 of loyalty and duty, is thereby given 
 and granted to his Mpjcfiy, as they 
 ufually give and grant their own. But 
 we humbly conceive chat objeftions to 
 afts of this kind may be iafely. if 
 decently made, if they are of dan- 
 gerous tendency in point of com- 
 merce, policy, and the true and real 
 intereft of the whole empire. It may, 
 and if it can, it ought to be made to 
 appear, that fuch afts are grievous to 
 the fubjeft, burthenfome to trade, 
 ruinous to the nation, and tending 
 on the whole to injure the revenue of 
 the crown. And furely, if fuch migh- 
 ty inconveniencies, evils and mifchiefs 
 can be pointed out with decency and 
 perfpicuity, there will be the higheil 
 reafon not only to hope for, but 
 fully to expeft redrefs. 
 
 It is obfervable, that though many 
 have difregarded life and contemned 
 liberty, yet there are few men who 
 do not agree that property is a valu- 
 able acquifition, which ought to b& 
 held facred. Many have fought, and 
 bled, and died for this, who have 
 been infsnfible to all other obligati- 
 ons. Thofe who ridicule the ideas of 
 right and juftice, faith and truth a- 
 mong men, will put a high value up- 
 on money : property is admitted to 
 have an exiflence even in the favage 
 Hate of nature : the bow, the arrow, 
 and the tomahawk : the hunting and 
 the filhing ground, are fpecies of pro- 
 perty as important to an American 
 favage, as pearls, .rubies and dia- 
 monds are to the"" Mogul or a Nabofe> 
 in the Eaft, or the lands, tenements, 
 hereditaments, meiTu^ges, gold an<J 
 filver of the Europea .s. And if pro- 
 perty is necelTary for the fupport of 
 favage life, it is by no means lefs fo 
 in civil fociety. The Utopian fchemes 
 of levelling, and a community of 
 goods, are as vifionary and impracti- 
 cable, as thofe which veil all proper- 
 ty, in the crown, are arbitrary, de- 
 
 fpotickj 
 
PRIOR DO 
 
 fpotick, and in our government un- 
 conftitutional. Now, what property 
 can the colonilts be conceived to have, 
 if their money may be granted away 
 by others without their confent ? This 
 mofl certainly is the prefent cafe : for 
 they were in no fenle reprefented in 
 parliament when this aft for raifing a 
 revenue in America was made. The 
 fiamp-acT: was grievoufly complained 
 of by all the colonies : and is there 
 any real difference between this and the 
 itamp-aa ? They were both defigned 
 to raiie a revenue in America, and in 
 the fame manner, viz. by duties on 
 certain commodities : the payment of 
 the duties impofed by the itamp-at 
 might have been eluded by a total dif- 
 ufe of the ilamped paper ; and fo may 
 the payment ot'thefe dudes, by the 
 total dilufe of the articles on which 
 they are laid : but in neither cafe 
 without difficulty. Therefore the fub- 
 jefts here are reduced to the hard al- 
 ternative, either of being obliged to- 
 tally to difufe articles of the greatefl 
 neceflity in common life, or to pay a 
 tax without their content. 
 
 The iecurity of right and property 
 is the great end of government : fure- 
 ly then, fuch mcafures as tend to ren- 
 der right and property precarious, 
 tend to deftroy both property and go- 
 vernment ; for thefe muft itand and 
 fall together. It would be difficult, if 
 poffible, to mew, that the . prefent 
 plan of taxing the colonies is more fa- 
 vourable to them, than that put in 
 ufe here before the revolution. It 
 feems, by the event, that our an- 
 ceitors were in one refpeft, not in fo 
 melancholy a -fituation as we their po- 
 flerity are. In thofe times, the 
 crown and the miniilers of the crown, 
 without the intervention of the par- 
 liament, demolifhed charters, and le- 
 vied taxes on the colonies at pleasure. 
 Governor Androfs, in the time of 
 James the fecond, declared, that 
 wherever an Englifhman fets his foot, 
 all he hath is the king's : and Dudley 
 
 C U M E N T S. 169 
 
 declared at the council board, and e- 
 ven on the facred feat of jutlice, that 
 the privilege of Englimmen, not to 
 be taxed without their confent, and 
 the laws of England, would not follow 
 them to the ends of the earth. It 
 was alfo, in thofe days, declared in 
 council, that the king's fubjecls in 
 New-England did not differ much 
 from (laves -, and that the only dif- 
 ference was, that they were not 
 bought and fold : but there was, even, 
 in thofe times, an excellent Attorney- 
 General, Sir William Jones, who 
 was of another mind ; and told King 
 James, that he could no more grant 
 a commiffion to levy money on his 
 fubje&s in Jamaica, though a con- 
 quered ifland, without their confent 
 by an afTembly, than they could dif* 
 charge themfelves from their allegi- 
 ance to the Englim crown. But the 
 misfortune of the coloniits at prefent 
 is, that they are taxed by parliament 
 without their confent : this, while the 
 parliament continues refolved to tax 
 us, will ever render our cafe, in one 
 refpeft, more deplorable and remedi- 
 lefs, under the beft of kings, than 
 that of our anceftors was, under the 
 word. They found relief by the inter- 
 pofition of parliament : but by the in- 
 tervention of that very power, we are 
 taxed, and can appeal for relief from 
 their final decifion to no power on 
 earth ; for there is no power on earth 
 above them. 
 
 The original contract between the 
 King and the nrft planters here, was 
 a royal promife in behalf of the na- 
 tion, and which till very lately it was 
 never queilioned but the King had a 
 power to make ; namely, that if the 
 adventurers would, at their own coft 
 and charge, and at the hazard of 
 their lives and every thing dear to 
 them, purchafe a new world, fubdue 
 a wildernefs, and thereby enlarge the 
 king's dominions, they and their po- 
 flerity mould enjoy fuch rights and 
 privileges as in their refpe&ive char- 
 Z ters 
 
1 70 P R I O R D O 
 
 ters are expreffed ; which are in gene- 
 ral all the rights, liberties and pri- 
 vileges of his Majefty's natural born 
 fubjecls within the realm. The prin- 
 cipal privilege implied, and in ibme 
 of their charters exprefled, is a free- 
 dom from all taxes but fuch as they 
 ihall confent to in perfon, Or by re- 
 prefentatives of their own free choice 
 and election. The late king James 
 broke the original contract of the fet- 
 tlement and government of thefe co- 
 lonies : but it proved happy for our 
 anceftors in the "end that he had alfo 
 broken the original compact with his 
 three kingdoms. This left them fome 
 gleam of hope : this very thing, final- 
 ly, was the caufe of deliverance to the 
 nation and the colonies, nearly at the 
 fame time : it was the parliament, the 
 fupreme legislative and conftitutional 
 check on the fupreme executive, that 
 in time operated effects worthy of it- 
 felf : the nation and hef colonies have 
 fmc'e been happy, ar>d our princes 
 patriot kings. The law and reafon 
 teaches that the King can do no 
 wrong ; and that neither king nor 
 parliament are otherwife inclined than 
 to juftice, equity and truth : but the 
 law does not prefume that the King 
 may' not be deceived, nor that the 
 parliament may not be mifinformed : 
 if therefore any thing is wrong, it 
 muft be imputed to fuch caufes : how 
 far fuch caufes have taken place and - 
 operated againil the colonies, is hum- 
 bly fubmitted to the revifion and re- 
 confideration of all. 
 
 By the common law* the colonifts 
 are adjudged to be natural-born fub- 
 jects ! So they are declared by royal 
 charter; and they are fo, by the fpirit 
 of the law of nature and nations : no 
 jurift, who has the leaft regard to his 
 reputation in the republic of ktters, 
 will deny that they are entitled to ail 
 the efTemial rights, liberties, privileges 
 and immunities of his Majerty's natu- 
 ral fubjecls, born within the realm. 
 The children of his Majefty's natural 
 
 C U M E N T S. 
 
 born fubjecls, born paffing and repaf- 
 fmg the feas, have by fundry acts of 
 parliament, from Edward the third to 
 this time, been declared natural-born 
 fubjecls : and even foreigners, refiding 
 a certain time in the colonies, are by 
 acts of parliament entitled to all the 
 rights and privileges of natural- born 
 fubjecls. And it is remarkable that 
 the aft of 13 Geo. II. chap. 7. pre- 
 fuppofes that the colonifts are natural- 
 born fubjecls ; and that they are en- 
 titled to all the privileges of fuch ; as 
 appears by the preamble, which we 
 ihall now recite: " Whereas the in- 
 creafe of people is a means of ad- 
 vancing the wealth and ftrength of 
 any nation or country : and whereas 
 many foreigners and ftrangers, from 
 the lenity of our government and pu- 
 rity of our religion, the benefit of our 
 laws, the advantages of our trade, and 
 the fecurity of our property, might be 
 induced to come and fettle in fome of 
 his Majefty's colonies in America, if 
 they were made partakers of the ad- 
 vantages and privileges which natural- 
 born fubjecls of this realm do enjoy : " 
 which plainly fliovvs it to be the fenfe 
 of the nation that the colonies were 
 entitled to, and did actually' enjoy the 
 advantages and privileges of natural- 
 born fubjecls. But if it could be ad- 
 mitted as clearly confiftent with the con- 
 ilitution, for the parliament of Great- 
 Britain to tax the property of the co- 
 lonies, we prefume, it can be made 
 to appear to be utterly inconfiftent 
 with the rules of equky that they 
 mould, at leaft at prcfcrit. It rnuft 
 be confidered, that by acts of parlia- 
 ment, the colonies are prohibited from 
 importing commodities of the growth 
 or manufacture of Europe, except from 
 Great- Britain, faving a few articles. 
 This gives the advantage /to Great- 
 Britain of raifing the price of her 
 com modi ties, and is equal to a tax* 
 It is too obvious, to be doubted, 'that 
 by the extraordinary demands, from 
 the colonies, of the manufactures of 
 
 Britain, 
 
PRIOR DO 
 
 Britain, occafioned by this policy, fhe 
 reaps an advantage of at leaft twenty 
 per cent, in the price of them, be- 
 yond what the colonies might purchafe 
 them for at foreign markets : the lofs 
 therefore to the colonifts is equal to 
 the gain which is made in Britain. 
 This in reality is a tax^ though not a 
 direct one : and admitting, that they 
 take annually from Great-Britain 
 manufaftures to the value of two mil- 
 lions iterling, as is generally fuppo- 
 fed, they then pay an annual tax of 
 four hundred thoufand pourds, be- 
 fides the taxes which are direaiy paid 
 on thofe mannfactures in England. 
 The fame reafoning will hold good 
 with refpeft to the many enumerated 
 articles of their produce, which the 
 colonies are reftraincd by act of par- 
 liament from fending to any foreign 
 port : by this restraint, the market is 
 glutted, and confequently ^the^ pro- 
 duce fold, is cheaper ; which is an 
 advantage to Great-Britain, andean 
 equal lofs to, or tax upon the colonifts. 
 Is it reafonable, then, that the colo- 
 nies fhould be taxed on the Britiih 
 commodities here ? efpecially when it 
 is confidered, that the moftofthem 
 fettled a wildernefs, and till very 
 lately defended their fettlements with- 
 out a favthing's expence to the na- 
 tion. They bore their full portion^of 
 the charges of fecuring and main- 
 taining hisMajefty's rights in Ame:i- 
 ca, in every war from their firfi; fct- 
 tlement, without any confideration ; 
 for the grants of parliament in the 
 iatl war were compenfations for an 
 overplus of expence on their part : 
 many of them, and this province in 
 paFticular, have always maintained 
 their own frontiers at their own ex- 
 pence ; and have alfo frequently de- 
 fended his. M?.je!ty's garrilbn at An- 
 napolis, when it mud otherwife. have 
 been unavoidably loft. The nation, in 
 the late war, acquired lands equal in 
 value to all the expence Ihe has been 
 
 C U M E N T 171 
 
 at in America, from its fettlement ; 
 while the trade of the colonies has 
 been only " fecured an4 reftricted : " 
 it has not been enlarged, though new 
 avenues of beneficial commerce have 
 been opened to the mother country. 
 The colonies have reaped no mare in 
 the lands which they helped to con- 
 quer, while millions of acres of thofe 
 very lands have been granted, and 
 frill are granting to people, who, in 
 all probability, will never/ fee, if they 
 fettle, them. 
 
 The appropriatio'n of the monies 
 to arife by thefe duties is an objection 
 of great weight. It is in the firft 
 place, to be applied for the payment 
 of the necefTary charges of the admi- 
 niftration of juftice, and the fupport 
 of civil government in fuch colonies 
 where it mall be judged necefTary. 
 This houfe apprehend, it would be 
 grievous and of dangerous tendency, 
 if the crown ihould not only appoint 
 
 fovernors over the feveral colonies, 
 ut allow them fuch ftipends as it 
 mall judge proper, at the expence of 
 the people and without their confent. 
 Such a power under a corrupt admi- 
 niftration, it is to be feared, would 
 introduce an abfolute government in 
 America ; at beft it would leave the 
 people in a flate of utter uncertainty 
 of their fecurity, which is far from 
 being a ftate of civil liberty. The 
 judges in the feveral colonies do not 
 hold their commiffions during good 
 behaviour ; if then they are to have 
 falaries independent of the people, 
 how eafy will it be for a corrupt go- 
 vernor to have a fet of judges to his 
 mind, to deprive a bench of juftice of 
 its glory, and the people of their fe- 
 curity. If the judges of England 
 have independent livings, it mutt be 
 remembered, that the tenure of their 
 commiffion is during good behaviour, 
 which is a fafeguard to the people : 
 and befides, they are near the throne, 
 the fountain of right and juftice : 
 Z a whereas 
 
172 P R I O R D O 
 
 whereas American judges, as well as 
 governors, are at a diftance from it : 
 moreover, it is worth particular no- 
 tice, that in all difputes between 
 power and liberty in America, there 
 is danger that the greateft credit will 
 always be given to the officers of the 
 crown, who are the men in power. 
 This we have fometimes found by ex- 
 perience j and it is much to be feared, 
 that the nation will fall into fome 
 dangerous miftake, if me has not al- 
 ready, by too great attention to the 
 reprefentations of particular perfons, 
 and a difregard to others. 
 
 But the refidue of thefe monies is 
 to be applied by parliament, from 
 time to time, for defending, pro- 
 tecting and fecuring the colonies. If 
 the government at home is apprehen- 
 iive that the colon ifts will be back- 
 ward in defending themfelves and fe- 
 curing his Majefty's territories in 
 America, it mull have been egregiouf- 
 ly miiinformed. We need look back 
 no further than the laft war for evi- 
 dence of a contrary difpofition : they 
 always difcovered the moll chearful 
 compliance with his Majefty's requi- 
 fitions of men and money for this 
 purpofe. They were then treated as 
 free Britifh fubjefts, and never failed 
 to grant aid to his Majefty of their 
 own free accord, to the extent of 
 their ability, and even beyond it ; of 
 which, the parliament were then fo 
 fenfible, that they made them grants, 
 from year to year, by way of com- 
 penfation for extra fervices. It is not 
 at all to be doubted, but if they are 
 ftill confidered upon the footing of 
 fubje&s, they will always difcover the 
 fame difpofition to exert themfelves 
 for his Majefty's fervice and their 
 own defence ; which renders a ftand- 
 jng army in the colonies a needlefs 
 cxpence. Or, if it be admitted that 
 there may be fome neceffity for them 
 in the conquered province of Canada, 
 where the exercile of the Romifti re- 
 
 C U M E N T S. 
 
 ligion, fo deftruclive to civil fociety, 
 is allowed, furely there can be no 
 need of them in the bowels of the 
 old colonies, and even in cities where 
 there is not the leaft danger of a fo- 
 reign enemy, and where the inhabi- 
 tants are as ftrongly attached to his 
 Majefty's perfon, family and govern- 
 ment, as in Great Britain itfelf. 
 There is an Englifh affection in the 
 colonifts towards the mother country, 
 which will for ever keep them con- 
 nected with her, to every valuable 
 purpofe, unlefs it mail be erafed by 
 repeated unkind ufage en her part : 
 as Englishmen, as well as Britifh fub- 
 jects, they have an averfion to an un- 
 necefTary ftanding army, which they 
 look upon as dangerous to their civil 
 liberties ; and confidering the exam- 
 ples of ancient times, it feeins a little 
 furprizing, that a mother ftate mould 
 truft large bodies of mercenary troops 
 in her colonies, at fo great a diftance 
 from her, left, in procefs of time, 
 when the fpirits of the people mail 
 be deprcfled by the military power, 
 another Ca^far mould arife and ufurp 
 the authority of his mafter. 
 
 The ad enabling his Majefty to 
 appoint commiffioners of the cuftoms 
 to. refide in America, has alfo been 
 read in the houfe. It declares an 
 intention to facilitate the trade of 
 America, of which we cannot have 
 any great hopes from the tenor of the 
 commifiion. In general, innovations 
 are dangerous : the unneceflary in- 
 creafe of crown officers is moft cer- 
 tainly fo. Thefe gentlemen are au- 
 thorized to appoint as many as they 
 mail think proper, without limita- 
 tion : this will probably be attended 
 with undefirable effects: an hoft of 
 penfioners, by the arts they may ufe, 
 may in time become as dangerous to 
 the liberties of the people as an army 
 of foldiers j for there is a way of fub- 
 duing a people by art as well as by- 
 arms : we are happy and fafe under 
 
PRIOR r D O C 
 
 his prefent Maj city's mild and gra- 
 cious adminiftration ; but the time 
 may come, when the united body of 
 penfioners and foldiers may ruin the 
 liberties of America. The trade ef 
 the colonies, we apprehend, may be 
 as eafily carried on, and the ads of 
 trade as duly enforced without this 
 commiffion ; and if fo, it muft be a 
 very needlefs expence, at a time when 
 the nation and her colonies are groan- 
 Ing under debts contracted in the late 
 war, and how far diflant another may 
 be, God only knows. 
 
 There is another aft which this 
 houfe apprehend muft be alarming to 
 all the colonies ; which is the ad for 
 fufpending the legiflative power of 
 the afTembly of New-York on a cer- 
 tain condition. A legiflative body 
 without the free exercife of the pow- 
 ers of legiflation is to us incompre- 
 henfible : there can be no material 
 difference between fuch a legiflative 
 and none at all. It cannot be faid 
 that the affembly of New York hath 
 the free exercife of legiflative power, 
 while their very exigence is fufpended 
 upon their ading in conformity to 
 the will of another body. Such a re- 
 flridion throughout the colonies would 
 be a fhort and eafy method of an 
 nihilating the legiflative powers in 
 America, and by confequence, of de- 
 priving the people of a fundamental 
 right of the conftitution, namely, that 
 every man mail be prefent in the body 
 which legiflates for him. 
 
 It may not be amifs to confider the 
 t -ndency of a fufpenfion of colony le- 
 giflation for non-compliance with ads 
 of parliament requiring a provincial 
 aflembly to give and grant away their 
 own and their conftituent's money for 
 the fupport of a ftanding army. We 
 cannot but think it hard enough to 
 have our property granted away with- 
 out our confent : without being order- 
 ed to deal it out ourfelves, as in the 
 cafe of the mutiny a&. It muft be 
 
 U M E N T S. 17$ 
 
 fufficiently humiliating to pUft with 
 our property in either of thofe ways, 
 much more in both; whereby, as 
 loyal fubjeds as any under his Ma- 
 jelty's government, and as true lover* 
 of their country as any people what- 
 ever, are deprived of the honour and 
 merit of voluntarily contributing to 
 the fervice of both. What is the 
 plain language of fuch a fufpenfion? 
 We can difcover no more nor lefs in 
 it than this; if the American afTem- 
 blies refufe to grant as much of their 
 own and their conflituents money, as 
 /hall from time to time be enjoined 
 and prefcribed by the parliament, be- 
 fides what the parliament; directly 
 taxes them, they mail no longer have 
 any legiflative authority ; but if they 
 comply with what is prefcribed, they 
 may flill be allowed to legillate under 
 their charter reftridions. Does not 
 political death and annihilation flare 
 us in the face as ftrongly on one fup- 
 pofition as the other ? Equally in cafe 
 of compliance as of non-compliance. 
 But let us fuppofe, for a moment, 
 a feries of events taking place, the 
 moll favourable in the opinion of 
 thofe who ar fo fond of thefe new 
 regulations : that all difficulties and 
 fauples of confcience were removed, 
 and that every reprefentatiye in Ame- 
 rica mould acknowledge a juft and 
 equitable right in' the commons of 
 Great-Britain to make an unlimited 
 grant of his and his conflituents pro- 
 perty : that they have a clear right to 
 inveft the crown with all the lands in 
 the colonies, as effedually as if they 
 had been forfeited ; would it be pof- 
 fible for them to conciliate their con- 
 flituents to fuch meafures? Would 
 not the attempt fuddenly cut afunder 
 all confidence and communication be- 
 'tween the reprefentative body and the 
 people? What then would be the 
 confequence ? Could any thing be 
 reafonably expeded but difcontent, 
 defpair, and rage againli their repre- 
 fentatives, 
 
PRIOR DOCUMENTS. 
 
 fentatives, on the fide of the people, 
 and on the part of government, the 
 jigorous exertion of civil and military 
 power? The confufiori and mifery 
 after fuch a fatal criiis cannot be con- 
 ceived, much lefs defcribed. 
 
 The prefent regulations and pro- 
 ceedings, with refpecl to the colonies, 
 w^r apprehend to be oppofite to every 
 principle of good and found policy. 
 A flanding army, in the time of pro- 
 found peace, is naturally productive 
 of imeafinefs and difcontent among 
 the people : and yet the colonies, by 
 the mutiny al, are ordered and di- 
 reeled to provide certain enumerated 
 articles : and the pains and penalties 
 in cafe of non-compliance are evident 
 in the precedent of New-York. It 
 alTo appears that revenue officers are 
 snultiplying in the colonies with vafl 
 powers : the board of commuTioners 
 lately appointed to refide here, have 
 ample difcretionary powers given 
 them to make what appointments 
 they pleafe, and to pay the appoin- 
 tees what fums they pleafe : the tf- 
 fiablimment of a proteflant epifcopate 
 in America is alfo very zealoufly con- 
 tended for : and it is very alarming 
 to a people, whole fathers, from the 
 Sard mips they fuiTered under fuch an 
 efbibiifhment, were obliged to fly their 
 native country into a wildernefs, in 
 order peaceably to enjoy their privi- 
 leges, civil and religious : their being 
 threatened with the lofs of both at 
 nce, mu ft throw them into a very 
 fifagree<ible fituation. We hope in 
 God'fuch an eflablifhment will never 
 take place in America, and we defire 
 y.ou will ftrenuoufly oppofe it. The 
 _ievenue raifbd in America, for ought 
 we can tell, may be as conflitution- 
 alty applied towards the fupport of 
 prelacy as of foldiers and penfioners : 
 If the property pf the fubjecl is taken 
 fem him without his confent, it is 
 immaterial, whether it be done by 
 .aaai ox Hve hundred; or whether 
 
 it be applied for the fupport of eccle- 
 fiaflic or military power, or both. It- 
 may be well worth the confideration 
 of the beft politician, in Great- Britain 
 or America, what the natural tenden- 
 cy is of a vigorous purfuit of thefe 
 meafures. We are not infenfible that 
 feme eminent men, on both fides the 
 water, are lefs friendly to American 
 charters and aflemhlies than could 
 be wifhed : it feems to be growing 
 famionable, to treat them in com- 
 mon converfation, as well as in po- 
 pular publications, with contempt : 
 but if we look back a few reigns, we 
 fhall find that even the auguft affem- 
 bly, the parliament, was in every re- 
 fpeft the objecl of a courtier's re- 
 proach : it was even an aphorifm 
 with King James I. that the Lords 
 and Commons were two very bad co- 
 partners with a monarch ; and he and 
 his fucceflbrs broke the copartnerfhip 
 as fall as poflible. It is certainty un- 
 natural for a Britifh politician to ex- 
 pet, that ever the fupreme execu- 
 tive of the nation can, long cxdi, af- 
 ter the fupreme legiflative fhall be 
 deprefibd and deftroyed, which may 
 God forbid. If the fupreme execu- 
 tive cannot exiil long in Britain, with- 
 out the fupport of the fupreme legif- 
 lative, it fliould feem very reafonable, 
 in order to fupport the fame fupreme 
 executive, at the diflance- of a thou- 
 fand tran fmarine leagues from the 
 metropolis, there mould be, in fo re- 
 mote dominions, a free legiflative, 
 within their charter limitations, a% 
 well as an entirely free reprefentativc 
 of the fupreme executive of his Ma- 
 jeily, in the perfons of governors^, 
 judges, juflices, and other executive 
 officers ; otherwife ftrange effecls arc 
 to be apprehended. For the Jaws of 
 God and nature are invariable : a po- 
 litician may apply or rhifapply thefe 
 to a multiplicity of purpofcs, good 
 or bad ; but thefe laws were never 
 made for politicians to alter. Should 
 
 the 
 
PRIOR DOCUMENTS. , 75 
 
 the time ever come, when the legifla- difcord, till they {hall have done irre- 
 parable mifchief. You will do a fm- 
 gular fervice to both countries, if 
 poffible, in detecting them. 
 
 tive alTemblies of North America fliall 
 be diflblved and annihilated, no more 
 to exift again, a ftrange political phe- 
 nomenon will probably appear. All 
 laws both of police and revenue mud 
 then be made by a legislative at fuch 
 a diftance, that without immediate 
 infpiration, the local and other cir- 
 tumftances of the governed cannot 
 poffibly be known to thofc who give 
 
 and grant to the crown, what part of Agreeable to a Vote of the Houfe of Rs~ 
 the property of their fellov-fubjccis 
 they pleafe. Inhere will then be no 
 afiem biles to fupport tlie execution of 
 fuch ) vvs : and indeed, while lifting, 
 
 In the 
 
 mean time, we defire you would make 
 known to his Majefly's minifters the 
 fen ti meats of this houfe contained ia 
 this letter, and implore a favourable 
 coniideration of America. 
 
 Signed by the Speaker. 
 
 preferitati'-ves of Majfachufetfs-i 
 the following Petition to the 
 nvas Jig-ncd by the Speaker y by their 
 order of the 2Vth Jan. 1768. 
 by what rule of law or reafon are the An humble Petition to the King's weft 
 
 Excellent Majefty. 
 Moft Gracious Sovereign, 
 
 YouriYIajefty's faithful fubjecls, the 
 
 members pf the colon; -..fTembiies ex- 
 ecutive officers? They have, as re- 
 prefentatives, no commiilion but from 
 
 their conftituents : and it muft be dif- reprefentatives of your province of the 
 ficuit to mow, why they are more MafTachufetts-Bay, with the warmeffc 
 obliged to execute acls of parliament fentiments of loyalty, duty, and af- 
 fection, beg leave to approach the 
 throne, and to lay at your Majefty's 
 feet their humble fupplications, ia 
 
 than fuch of their conftituents as hold 
 ho com millions from the crown. The 
 moft that can be expected from either, 
 is fubmiffion to acts of parliament; 
 or to aid the officers as individuals, 
 or part of the poffe comitatus if re- 
 quired. It would feem ilrange to call 
 
 behalf of your diftreffed fubj.-ds the 
 people of the province. 
 
 Our anceflors, the firft fcttlers of 
 this country, having witli the royal 
 
 on the representative, in any other confent, which we humbly apprehend 
 
 way, to execute laws againft their involves the confent of the nation, 
 
 conftituents and themfelves, which and at their own great expence, mi- 
 
 both have been fo far from confenting grated from their mother kingdom, 
 
 to, that neither were confulted in 
 framing them. Yet it was objected 
 by fome to the American afTemblies, 
 that they neglected to execute the ftamp 
 aft: and. that their refolves tended to 
 raife commotions ; which certainly 
 was not the caie here : for all the dif- 
 orders in Boilon, in which any damage 
 was done to property, happened long 
 
 took pofTeffion of this land, at that 
 time a wildernefs, the right whereof 
 they had purchafed for a valuable 
 confideration of the council eftablifh- 
 ed at Piimouth, to whom it had been 
 granted by your Majefty's royal prc- 
 decelTor King James the flril. 
 
 From the principles of loyalty to 
 their fovereiun which will ever warm 
 
 before the refolves of the houfe of re- the breaft of a true fubjecl, though 
 prefentatives here were palTed. 
 
 We have reafm to believe, that the 
 nation has been grofsly mifinformed 
 with refpedl to the temper and be- 
 haviour of the colonifts, and it is to 
 
 remote, they acknowledged their alle- 
 giance to the Englilh crown : and 
 your Majefty will allow vis with all 
 humility to fay, that they and their 
 pofterity, even to this time, have af- 
 
 be feared that fome men will not forded frequent and iignal proofs of 
 ceafe to fo\v the feeds of jealoufy and their zeal for the honour and fervic 
 
 of 
 
PRIOR DOCUMENTS. 
 
 f their prince, and their firm attach- 
 ment to the parent country. 
 
 With toil and fatigue, perhaps not 
 to be conceived by their brethren and 
 fellow-fubjedls at home, and with the 
 conftant peril of their lives, from a 
 numerous, favage, and warlike race 
 of men, they began their fettlement, 
 and God profpefed them. 
 
 They obtained a charter from King 
 Charles the firft ; wherein his Majefty 
 was pleafed to grant to them and 
 their heirs and afligns for ever, all the 
 lands therein defcribed, to hold of 
 him and his royal fucceflbrs in free 
 and common foccage ; which we 
 humbly conceive is as abfolute an ef- 
 tate as the fubjeft can hold under 
 the crown. And in the fame charter 
 were granted to them, and their pof- 
 terity, all the rights, liberties, privi- 
 leges, and immunities of natural fub- 
 jecls, born within the realm. 
 
 This charter they enjoyed, having, 
 as we moil humbly conceive, punctu- 
 ally complied with all the conditions 
 of it, till in an unhappy time it was 
 vacated. -But after the revolution, 
 when King William and Queen Mary, 
 of glorious and bleffed memory, were 
 eftablifhed on the throne : in that 
 happy reign, when to the joy of the 
 nation and its dependencies, the crown 
 was fettled in your Majefty's illuftri- 
 ous family, the inhabitants of this 
 province fhared in the common blef- 
 5ing. Then they were .indulged with 
 another charter ; in which their Ma- 
 jefties were pleafed for themfelves, 
 their heirs and fuccefibrs, to grant 
 and confirm to them as ample eftate 
 in the lands or territories as was 
 granted by the former charter, to- 
 gether with other the moft effential 
 rights and liberties contained therein : 
 the principal of which, is that which 
 your Majefly's fubjects within the 
 realm have ever held a moil facred 
 right, of being taxed only by repre- 
 fentatives of their own free election. 
 
 Thus blefied with the rights of* 
 Engliihmen, through the indulgent 
 fmiles cf Heaven, and under the au- 
 fpicious government of your Majefty 
 and your royal predeceflbrs, your 
 people of this province have been 
 happy, and your Majefty has acquired 
 a numerous increafe of loyal fubjeds, 
 a large extent of dominion, and a 
 new and inexhauftible fource of com- 
 merce, wealth and glory. 
 
 With great fincerity permit us to 
 aflure your Majefty, that your fub- 
 jedls of this province, ever have, and 
 ftill continue to acknowledge your 
 Majefty's high court of parliament 
 the fupreme legiflative power of the 
 whole empire. The fuperin tending 
 authority of which is clearly admitted 
 in all cafes, that can confift with the 
 fundamental rights of nature and the 
 conftitution, to which your Majefty's 
 happy fubjedls in all parts of your 
 empire conceive they have a juft and 
 equitable claim. 
 
 It is with the deepeft concern that 
 your humble fuppliants would repre- 
 fent to your Majefty, that your par- 
 liament, the rectitude of whofe in- 
 tentions is never to be queilioned, 
 has thought proper to pafs divers acts 
 impofing taxes on your Majefty's fub- 
 jects in America, with the fole and 
 exprefs purpofe of raifing a re- 
 venue. If your Majefty's fubjects 
 here mail be deprived of the honour 
 and privilege of voluntarily contri- 
 buting their aid to your Majefty, in 
 fupporting your government and au- 
 thority in the province, and defend- 
 ing and fecuring your rights and ter- 
 ritories in America, which they have 
 always hitherto done with the utmoft 
 chearfulnefs : if thefe acts of parlia- 
 ment fhall remain in force, and your 
 Majefty's commons in Great Britain 
 mall continue to exercife the power 
 of granting the property of their fel- 
 low fubjec\s in this province, your 
 
 . peopl* 
 
PRIOR DOCUMENTS. 
 
 177 
 
 people mufl then regret their unhap- 
 py fate in having only the name left 
 of free fubjects. 
 
 With all humility we conceive that 
 a representation of your Majefty's 
 fubjecls of this province in the parlia- 
 ment, confidering their local circum- 
 ftances, is utterly impracticable : your 
 Majefty has heretofore been graciouily 
 pleafed to order your requifitions to be 
 laid before the repreientatives of your 
 people in the general aflembly, who 
 have never failed to afford the necef- 
 fary aid to the extent of their ability, 
 andfometimes beyond it ; and it would 
 be ever grievous to your Majefty's 
 faithful fubjects to be called upon in 
 a way, that ihould appear to them 
 to imply a diftruft of their moft ready 
 4nd willing compliance. 
 
 Under the moft fenfible impreflions 
 of your Majefty's wife and paternal 
 care for the remottfft of your faithful 
 fubjects, and in full dependence on 
 the royal declarations in the charter 
 of this province, we moft humbly 
 befeech your Majefty to take our pre- 
 fent unhappy circumftances under 
 your royal coniideration, and afford 
 us relief in fu h manner as in your 
 Majefty >s great vvifdom and clemejicy 
 jhall feem meet. 
 
 d. letter to the Right Hon. the Earl 
 of Shelburne, one of his Majefty's 
 principal Secretaries of Stqte. 
 Province of the MaJfacbufetts-Bay, 
 
 Jan. 15, 1768. 
 My Lord, 
 
 The Houfe of Reprefentatives of 
 this his Majefty's province, having 
 had experience of your Lordihip's ge- 
 nerous fentiments of his Majefty's moft 
 loyal though remote fubjects in Ame- 
 rica, and of your noble exertions in 
 their behalf in the late time of their 
 diftrefs, beg leave to lay before your 
 Lordfhip's view, the new fcenes of 
 difficulty, which are again opened 
 upon us, and to implore your repeat- 
 ed kiterpofition, 
 
 Your Lordfliip is not infenfible, 
 that our forefathers were in an un- 
 happy reign driven into this wilder- 
 nefs by the hand of power ; at their 
 own expence they crofTed an ocean 
 of three thoufand miles ; and pur- 
 chafed an inheritance for thernfelves 
 and their pouerity, with the view of 
 propagating the chri'iian religion, 
 and enlarging the Englilh dominion 
 in this diftant part of the earth. 
 Through the indulgent fmiles of 
 Heaven upon them, though not with- 
 out hardfhip and fatigue unexperien- 
 ced and perhaps hardly to bs con- 
 ceived by their brethren and fellow- 
 fubjecls in their native land j and 
 with the conftant peril of their lives 
 from a numerous race of men, as 
 barbarous and cruel, and yet as war- 
 like as any people upon the face of 
 the earth, they increafed in their 
 numbers and enlarged their fettle- 
 ment.They obtained a charter from 
 King Charles the firft, wherein his 
 Majefty was pleafed to recognize to 
 them, a liberty to worihip God ac- 
 cording to the dictates of their con- 
 fcience ; a bleiling which in thoie un- 
 happy times was denied to them in 
 their own country : and the rights, 
 liberties, privileges, and immunities 
 of his natural born fubjects within 
 the realm. This charter they en- 
 joyed, having punctually fulfilled the 
 conditions of it, till it was vacated, 
 as we conceive arbitrarily, in the 
 reign of King Charles the fecond. 
 After the revolution, that grand aera 
 of Britim liberty, when King Wil- 
 liam and Queen Mary, of glorious 
 and bleffed memory, were eftablifhed 
 on the throne, the inhabitants of this 
 province obtained another charter ; 
 in which the moft effential rights and 
 privileges contained in the former 
 were reftored to them. Thus blefled 
 with the liberties of Englishmen, they 
 continued to increafe and multiply, 
 till, as your Lordlhip knows, a dreary 
 A a wilder- 
 
17* PRIOR DO 
 
 wildernefs is become a fruitful field, 
 and a grand fource of national wealth 
 and glory. 
 
 By the common law, my Lord, as 
 well as fundry a&s of parliament from 
 the reign of Edward the third, the 
 children of his Majefty's natural born 
 fubjects, born palling and repafiing 
 the feas, are in titled to aH the rights 
 and privileges of his natural fubjecls 
 born within the realm. From hence 
 the conclufion appears to be indifpu- 
 table, that the defendants of his 
 Majefty's fubjects in the realm, who 
 migrated with the confent of the na- 
 tion, and purchafed a fettlement with 
 their own treafure and blood, with- 
 out any' aid from the. nation; who 
 early acknowledged their allegiance 
 to the Crown of England ; and have 
 always approved themfclves faithful 
 fubjects, and in many inftances given 
 lignal proofs of their loyalty to their 
 King, and their firm attachment and 
 affection to their mother country : 
 The conclufion is ftrong, that exclu- 
 five of any consideration of theT 
 charter, they are.intitled to the rights 
 and privileges of the Britifh coniti- 
 tution in common with their fellow 
 fubje&s in Britain. And it is very 
 remarkably the fenfe of the Britiih 
 nation that they are fo ; as appears 
 by an Acl of Parliament made in the 
 1 3th of his late Majefty King George 
 the fecond. ' The preamble of that 
 act plainly prefuppofes it ; and the 
 purview of the fame acl enables and 
 directs the fuperior court of judicature 
 of this province, a court erected by 
 the authority of the general court, to 
 naturalize foreigners under' certain 
 conditions ; which it is prefumed the 
 wifdom of the Parliament would not 
 have empowered any. people to do, 
 who were not thcmjel<ves deemed na- 
 tural born fubjects. 
 
 The fpirit of the law of nature and 
 nations luppofes that all the free fub- 
 jecls of anyjdngdom, are entitled e- 
 <jually to all the rights of the conili- 
 
 6 U M E N T S. 
 
 tution ; for it appears unnatural and 
 unreafonable to affirm, that local or 
 any other circiimftances can juftly dp- 
 prive any part of the fubjects of the 
 fame Prince, of the full enjoyments 
 of the rights of that conftitution, up- 
 on which the government itfelf is 
 formed, and by which fovereignty and 
 allegiance are afcertained and limited. 
 But your Lordmip is fo thoroughly ac- 
 quainted with the extent of the rights 
 of men and fubjecls, as to render it 
 altogether improper to take up any 
 more of your time on this head. 
 
 There are, my Lord, fundamental 
 rules of the conftitution, which it is 
 humbly prefurned, neither the fu- 
 preme legiflative nor the fupreme ex- 
 ecutive can alter. In all free ftates 
 the conftitution is fixed : it is from 
 thence the legiflative derives its au- 
 thority; therefore it cannot change 
 the coniUtuticn without destroying its 
 own foundation. If then the confti- 
 tution of Great-Britain is the com- 
 mon rights of all Britifh fubjects, it 
 is humbly referred to your Lordmip's 
 judgment, whether the fupreme legif- 
 lative of the empire may rightly leap 
 the bounds of it in the exercife of 
 power over the fubjects in America, 
 any more than thofe in Britain. 
 
 When mention is made of the 
 rights of American fubje&s and the 
 intereft they have in the Britiih con- 
 ftitution in common with all other 
 Britifh fubje&s* your Lordmip is too 
 candid and juft in your fentiments to 
 fuppofe that the Houfe have the moft 
 diftant thought of an- independency on 
 Great-Britain. They arc not infen- 
 fible of their fecurity and happineis in 
 their connection with and dependance 
 on the" mother-ftate. Thefe, my 
 Lord, are the fentiments of the Houfe 
 and of their con fti clients ; and they 
 have reafon to believe they are the 
 fentiments of all the colonies: thofe 
 who are induftrioufly propagat'ng in 
 the 'nation a different opinion of the; 
 cclonifts, are not only doing th e 
 
 " greatest 
 
P R- I O R DOCUMENTS. 
 
 "ft injuiHce to thern, but an ir- 
 reparable injury to the nation 
 
 it 
 
 tutiou mat it has i^ validation in the 
 law of G,> air I nature : it is efTenti- 
 -ally a natural right that a man Ihall 
 quietly enjoy, and have the fole dif- 
 pofal of his own property : this right 
 is ingrafted into the Britiih conftituti- 
 on and is familiar to the American 
 fubje&s : and your Lordihip will 
 judge whether any neceliity can ren- 
 der it juft and equitable in the nature 
 of things, that the fupreme legiflative 
 of the empire, mould impoie duties, 
 fubfidies, talliages and taxes, inter- 
 nal or external, for the fole purpofe 
 of railing a revenue, upon fubjecls 
 that are not, and cannot, confidering 
 their local circumliances, by any poi- 
 fibility be equally reprefented, and 
 confequently, whofe con lent cannot 
 be had in Parliament. 
 
 The fecurity of right and property 
 is the great end of government. Sure- 
 ly then fuch meafures as tend to ren- 
 der right and property precarious, 
 tend to deftroy both property and go- 
 vernment, for thefe muft itand or fall 
 together. Property is admitted to 
 have an exigence in the fava^gc ftate 
 of nature: and if it is neceffary for 
 the fupport of favage life, it by no 
 means becomes lefs ib in civil focieiy. 
 The Houfe intreats your Lordfhip to 
 confider, whether a colonift "can be 
 conceived to have any property which 
 he may call his own, if it may be 
 granted away bv any other body with- 
 out his confent : and they fubmit to 
 your Lordfhip's judgment whether 
 this was not actually done, when the 
 act for granting to his Majefty certain 
 duties on paper, glafs, and other ar- 
 ticles, for the fole and exprefs pur- 
 pofe of railing a revenue in America, 
 was made. It is the judgment of 
 Lord Coke that the Parliament of 
 Great Britain cannot tax Ireland 
 < f quia milites ad Parliament urn non mit- 
 tant." And Sir William Jones, an 
 
 eminent jurift, declared it as his 
 
 opinion, to King Charies the Second, 
 
 he could grant a com- 
 
 miffion to levy m MK on his fubjecls 
 
 in Jamaica, without their conf.Mt by 
 
 an aflembly, thun thoy could difcharge 
 
 themfelves from their allegiance to 
 
 ' the cr 
 
 Your Lordfnlp will be pleafed to 
 conlidcr that Ireland and Jamaica 
 were both conquered ; which cannot 
 be {kid of any of the colonies, Cana- 
 da excepted ; the argument therefore 
 is ftro tiger in favour of the colonies. 
 
 Our anchors, when oppreilcd in 
 the unfortunate reign of James the 
 Second, found relief by the interpofi- 
 tion of the Parliament: but it is the 
 misfortune of the colonies at prefent, 
 that by the intervention of that pow- 
 er they are taxed ; and they can ap- 
 peal for relief from their final decifion 
 to no power on earth, for there is no 
 power on earth above them. Your 
 Lordfhip will indulge the Houfe in. 
 exprefimg a deep concern upon this 
 occasion ; for it is the language of 
 reafon, and it is the opinion of the 
 greateft writers on the law of na- 
 ture and nations, that if the Parlia- 
 ment fhould make any confiderable 
 change in the conftitution, and the 
 nation mould be voluntarily filent up- 
 on it, this would be confidered as an 
 approbation of the acl:. 
 
 But the Houfe beg leave to repre- 
 fent to your Lordihip, that although 
 the right of the Parliament to impofe 
 taxes on the colonies without a rqpre- 
 fentation. there; were indilputable, we 
 humbly conceive it may be made fully 
 to appear to be unequal that they 
 mouid, at lead at prefent. Your 
 Lordmip will be pleaied to remember 
 that by' act of Parliament, the colo- 
 niits are prohibited from importing 
 commodities and manufactures of the 
 growth of Europe, faving a few arti- 
 cles, except from Great Britain. 
 This prohibition not only occafions a 
 much greater demand upon t 1 ;; mo- 
 A a 2 tlier* 
 
PRIOR DOCUMENTS. 
 
 ther-coimtry for her manufactures, 
 but gives the manufacturers there the 
 advantage of their own price ; and 
 can it be queltioned, my Lord, but 
 the colonifts are obliged by means of 
 this policy, to purchafe the Britim 
 manufactures at a much dearer rate, 
 than the like manufactures. would be 
 purchafed at, if they are allowed to 
 go to foreign markets. It is a lofs 
 to the coloniits and an equal gain to 
 Great Britain. The fame reafoning 
 holds good with refpeCt to the many 
 articles of their produce, which the 
 colonies are retrained by aft of Parlia- 
 ment from fending to foreign ports. 
 This is in reality a tax though an in- 
 direct one on the colonies, befides the 
 duties of exciie and cuftoms, laid 
 on the manufactures in Great Britain. 
 A celebrated Britifli writer on trade, 
 computes the artificial value arifmg 
 from thefe duties, to he not lefs than 
 fifty per cent. Your Lordmip will 
 then form an eftimate of the part 
 that is paid by the colonies upon the 
 importation into America, which is 
 generally faid to be at leafi: the value 
 vf two millions fterling. 
 
 The Houfe is not at this time com- 
 plaining of this policy of the mother 
 ilate ; but beg your Lordfhip's im- 
 partial and candid confideration, whe- 
 ther it is not grievous to the colonies 
 Jto be additionally taxed upon the 
 commodities of Great Britain here 
 and to be folely charged with the de- 
 fending and fecuringhis Majefty's co- 
 lonies, after they have chearfully 
 borne their full proportion of main- 
 taining his Majelty's rights in this 
 part of his dominions, and reducing 
 his enemies to terms of peace. 
 
 Your Lordmip will allow the Houfe 
 to exprefs their fears that the colonies 
 have been mifreprefented to his Ma- 
 jefty's m-imfters and ithe Parliament, 
 as having an undutiful difpofition to- 
 wards his Majefty, and a difafFeCtion 
 to the mother-kingdom. It has till 
 a few years paft been the ufage for his 
 
 Majefty's requifitions to be lain be- 
 fore the reprefentatives of his people 
 in America. And we may venture to 
 appeal to your Lordmip, that the 
 people of this province have been 
 ready to afford their utmoft aid for 
 his Majefty's fervice. It would be 
 grievous to his molt faithful fubjeCts, 
 to be called upon for aid in a manner 
 which implies a miftruit of a free and 
 chearful compliance : and the Houfe 
 intreat your Lcrdfhip's confideration, 
 whether our enemies at leaft, would 
 not infer a want of duty and loyalty 1 
 in us, when the Parliament have 
 judged it necefTary to compel us by 
 laws for that purpofe ; as by the late 
 acts for raifing a revenue in America, 
 and the aCt for preventing mutiny 
 and defertion ; in the latter of which 
 the governor and council are directed 
 to fupply the King's troops with enu- 
 merated articles, and the people are 
 required to pay the expence. But 
 betides, your Lord ill ip will judge 
 whether the execution of this act can 
 comport with the exiflence of a free 
 legiJiative in America. 
 
 It is unnatural to expeCt, that the 
 fupreme executive power can long 
 exift, if the fupreme legiflative Ihould 
 be diftrefTed and deltroyed. In order, 
 therefore, to fupport the fupreme ex- 
 ecutive of his Majefty, at fo great a 
 diltance, in the per ion of his gover- 
 nor, judges, and other executive offi- 
 cers, it feems neceflary that there 
 mould be a legiflative in America as 
 perfectly free, as can confilt with a 
 Subordination to the fupreme legifla- 
 tive of the whole empire. 
 
 Such a legiflative is conftiuited by 
 the royal charter of this province : in 
 this charter, my Lord, the King, for 
 himfelf, his heirs and fucceifors, grants 
 to the general affembly, full power 
 and authority to impofe and levy- 
 proportionable and reafonable aflefi'r 
 ments, rates and taxes upon the 
 eitates and perfons of the inhabitants, 
 to be ifued and difpofed of, by war- 
 rant 
 
PRJOR pOCUMENTS. 
 
 rant under the hand of the governor, 
 with the advice and confent of the 
 council, for the fervice of his Ma- 
 jefty, in the necefTary defence and 
 fupport of his government of the pro- 
 vince, and the protection and prefer- 
 vation of the inhabitants, according 
 to fuch acts, as are or (hall be ia 
 force in the province. And the Houfe 
 are humbly of opinion, that the legif- 
 lative powers in the feveral colonies 
 in America were originally erected 
 upon a conviction, that the fubjects 
 there, could not be reprefented in 
 the fupreme legiflative, and confe- 
 quentiy that there was a neceffity that 
 iuch powers fhoiild be creeled. 
 
 It is by no means, my Lord, a 
 difpofition in the Houfe to difpute the 
 Juit authority of the fupreme legifla- 
 tixfe of the nation, that induces them 
 thus to addrefs your Lordlhip ; but a 
 warm fenfe of loyalty to their prince, 
 and, they humbly apprehend, a jult 
 concern for their natural and coniU- 
 tutional rights. They beg your Lord- 
 'fhip would' excufe their trefpafh'ng up- 
 on your time and attention to the 
 great affairs of the ftate : they apply 
 x to you as a friend to the rights of 
 mankind and of Britifh fubjects. As 
 Americans th'"y implore your Lord- 
 mip's patronage, and beleech you to 
 reprefent their grievances to the King 
 our fovertigri, and employ your hap- 
 py influence for their relief. 
 
 Signed by the Speaker. 
 
 A better to the Ri^bf Hon. Henry Sey- 
 mour Convoy, Efq ; one of h.s Ma- 
 je fly's principal Secretaries of Stale. 
 Province of the MaffachitJetts-Bay, 
 1 February 13, 1768. 
 
 SIR, 
 
 The Houfe of reprefentatives of 
 this his Majefty 's province have ftill the 
 fenfible impreffions of gratitude upon 
 their minds, for the lignal and fuc- 
 cefsful exertions you were pleafed to 
 make for them when the liberties of 
 the colonies were in danger. And 
 'although they do not fall immediately 
 
 under your care in that department, 
 to which his Majefty has been gra- 
 cioufly pleafed to appoint you ; yet 
 your known attachment to the rights 
 of fubjects, in their juft extent, the 
 conflitutional authority of the fu- 
 preme legiflative and the preroga- 
 tive of the fovereign, is a ftrong in- 
 ducement to the Houfe, when new 
 grievances happen, to implore your 
 repeated aid. Confcious of their own 
 difpofition, they rely upon that can- 
 dour which is a diftinguiihed mark of 
 your character. And however they 
 may have been reprefented to his 
 M;:jefty*s minillers as undutiful, tur- 
 bulent and factious, your fentiments 
 are too generous, to impute the ex T 
 preffions of uneafmefs under the ope- 
 ration of any particular acts of the 
 Britifh parliament to a peevifh or dif- 
 contented habit, much lefs to the 
 want of a due veneration for that 
 auguft affembly. 
 
 This Houfe is at all times ready to 
 recognize his Majefty's high court of 
 parliament, the fupreme legiflative 
 power over the whole empire ; its fu- 
 perintending authority, in all cafbs 
 confiftent with the fundamental rules of 
 the conftitution, is as clearly admit- 
 ted by his Majefty's fubjects in this 
 province as bv thofe within the reaj^a : 
 fince the conftitution of the ftate, as 
 it ought to be, is fixed ; it is humbly 
 prefumed, that the fubjects, in every 
 part of the empire, however remote, 
 have an equitable claim to all the ad- 
 vantages of it. 
 
 It is the glor,y of the Britim Prince, 
 and the happinefs of all his fubjects. 
 that their conftitution hath its loun- 
 dat.on in the immutable laws of na- 
 ture : and as the fupreme legiflative 
 as well as the fupreme executive de- 
 rives its authority from that confti- 
 tution, it mould feem that no laws 
 can be made or executed, that are 
 regugnant to any eflentinl law jn na- 
 ture. Hence a Britiih fubject is hap- 
 pily diftinguiihed from the fubjects of 
 
 many 
 
PRIOR DOCUMENTS. 
 
 many other ftates, in a juft and well 
 grounded opinion of his own fafety, 
 which is the perfection of political 
 liberty. 
 
 It is acknowledged to be an unal- 
 terable law in nature, that a man 
 fiiould have the free ufe and fole dif- 
 pofal of the fruit of his honeft induf- 
 try, fubject to no controul. The 
 equity of this principle feems to have 
 been too obvious to be mifunderflood 
 by thofe who framed the confUtution ; 
 into which it is ingrafted as an eftab- 
 lifhed law. It is conceived that this 
 principle gave rife in early time to a 
 repreientation in parliament ; where 
 every individual in the realm has 
 lince been, and is {till confidered by 
 acts of parliament as prefent by him- 
 fclf, or by his reprefentative of his 
 own free election : confequently, the 
 aid afforded tiiere to the iovereign is 
 not of the nature of a tribute, but 
 the free and voluntary gift of all. 
 
 The Houfe fubmit to your conflde- 
 ration, whether his Majefly's fubjt-cts 
 of this province, or any of them, 
 can be confidered as having been 
 prefent in parliament, when an act 
 of the fourth of his prefent Majefly's 
 Tt'ign, and another palled the iarr, fef- 
 on, were made. If not, it ieems 
 to be conclufive, that, as thofe acts 
 v/ere made with the fole and exprefs 
 purpofe of raifmg a revenue out of 
 America, the fubjects here are in 
 thole inilances unfortunately deprived* 
 of the fole difpofal of their property, 
 and the honour and privilege of con- 
 tributing to the aid of their iovereign 
 by a free and voluntary gift. 
 
 The people of this province would 
 by no means be inclined to petition 
 the parliament for .. repreientation. 
 Separated from the mother-country 
 by a mighty ocean, and at the ciif- 
 tance of three thoufand miles, they 
 apprehend it is, and ever will be, 
 utterly impracticable that they mould 
 he equally reprefented there : they 
 
 have always been confidered by the 
 nation as fubjects remote x : and his 
 Majefty's royal predecefTors were ora- 
 cioufly pleated to coniHtute by cEar- 
 ter a fubordinate legiflative in the 
 province, as it is conceived, with a 
 view of preferving to their remote 
 fubjects the unalienable right of a re- 
 prefentation. By this charter the lands 
 th'erein defcribed are granted to the in- 
 habitants in free and common foccags ; 
 and the general aflembly is inveiled 
 with the povyer of impofing and levy- 
 -ing proportionable and reafonable af- 
 feffment', rates and taxes, upon the 
 eflates and perfons of the inhabitants, 
 for his Majefty's fervice, in the ne- 
 ce|i"ary deifence and fupport of his 
 government of the province, and the 
 protection and prefervation of the in- 
 habitants ; and of ordaining and ef- 
 tablifliing all manner of wholefome 
 and reafonable orders, lav/s, llatutes 
 and ordinances, directions and in- 
 ftructions, either with or without pe- 
 nalties, as they mall judge to be for 
 the good and welfare of the province : 
 and as a fafTicient check upon this 
 fubordinate power, which fecures its 
 depenciance on the fupreme Jegiila- 
 tive/no iaw can be made repugnant 
 to the laws of England; and all 
 laws that are made, are laid before 
 his Majefty, who at any time during 
 three years after, cifannulls them at 
 his royal ple^fure. 
 
 Al! that is deiired by the people 
 of this province, is, that they may 
 be reitor"d to their original Handing : 
 they may venture to appeal to the 
 , that they have never failed 
 ; their utmoft aid to his Ma- 
 je' ; y whenever he hath required it; 
 and they may fay it without vanity, 
 that in many inilances from their fei- 
 tle;nent, they have given flriking 
 proofs of their zeal for the hdnour 
 of their fovereign, and their affection 
 for the morhcr-flate. Muft it not 
 then be grievous to free and loyal 
 
 fubjects., 
 
I O R DOCUMENTS. i3 3 
 
 My Lord, 
 
 The Houfe of reprefentatives of 
 this his Majefty's province have had 
 the honour of your letter of the 7th 
 of May laft, communicated to them 
 by their , fpeaker, and thank your 
 
 The Houfe alfo beg leave to fub- Lordfhip for your condefcenfion, in 
 mit, whether the people can continue the kind fentiments you are pleafed 
 free, while the crown in addition to 
 its uncontroverted right of appoint- 
 ing a governor, may appoint him 
 fuch ftipends as it mall judge fit, at 
 
 fubjes, to be called upon in a man- 
 ner which appears to them, to diveft 
 them of their freedom, and fo far to 
 impeach their loyalty ns to imply a 
 miftruft of their chearful compliance 
 with his Majefty's royal requisitions. 
 
 to exprefs of his Majefty's good iubjecls 
 of America and of this province. 
 The eftablifhing the harmony be- 
 tween Great Britain and her colonies, 
 
 the expence of the people, and with- is a fubjecl which your Lordfhip has 
 out their confent : and whether, while judged worthy of your particular at- 
 the judges -of the land, at fo great tention : and the exertions which you 
 a diftance from the throne, the foun- have made for this very important 
 tain of juftice, may be altogether in- purpofe, claim the moft grateful ac- 
 dependent on the people for their knowledgements of the Houfe. Your 
 fupport, it may not probably happen, fentiments are fo nobly extended be- 
 that in fome future time, the princi- yond the moft diftant partial confide- 
 pies of equity may be fubverted even rations, as muft diftinguifh you as a 
 on the bench of juftice, and the peo- patron of the colonies, a friend to the 
 pie deprived of their liappinefs and 
 
 fecurity. 
 
 The Houfe ccujd add, that by re- 
 jftraints laid upon the American trade 
 by acts of parliament, which operate 
 equally to the advantage of Great- 
 Britain and the difadvantage of this 
 and the other colonies, and the taxes 
 which the inhabitants here eventually 
 pay as the confumers of the Britifh 
 manufactures, it mould feem to be 
 beyond all the rules of equity, that 
 thefe additional burdens mould be 
 laid on them. But tney would not 
 trefpafs upon your time and atten- 
 tion to the great affairs of the nation. 
 They beg your candid consideration 
 of the unhappy circumftances of the 
 
 Britifh conftitution, and the rights of 
 mankind. 
 
 Your Lordfhip is pleafed to fay, 
 that you will not adopt a fyftem of 
 arbitrary rule over the colonies ; nor 
 do otherwife, than ftrenuoufly refill 
 where attempts fhall be made to throw 
 off that dependency to which the co- 
 lonies ought to fubmit. And your 
 Lordfhip with great impartiality adds 
 " not only for the advantage of Great 
 " Britain but for their own real hap- 
 " pinefs and fafety." 
 
 This Houfe, my Lord, have the 
 honour heartily to join with you in, 
 fentiment; and they fpeak the lan- 
 guage of their conftituents. So fen- 
 fible are they of their liappinefs and 
 
 province, and hope, that your great fafety, in their union with and de- 
 intereft in the national councils, fo pendance upon the mother country, 
 far as fhall appear to you to be juft, 
 will be employed on their behalf. 
 
 Signed by the Speaker. 
 
 A Letter to the Right Hon. the Marquis 
 
 cf Rockingbam. 
 of the Maflacbufetts-Bay, 
 January 22, 1768. 
 
 that they could by no means be in- 
 clined to accept of an independency 
 if offered to them. But, my Lord, 
 they intreat your confideration, whe- 
 ther the colonies have not reafon to 
 fear fome danger of arbitrary rule 
 over them, when the fupreme power 
 of the nation, hare thought proper to 
 
 impofe 
 
PRIOR DOCUMENTS; 
 
 impofe taxes on his Majefty's Ameri- 
 can fubjects, with the fole and e'x- 
 prefs purpofe' of raifing a revenue, 
 and without their confent. 
 
 My Lord, the fuperintending pow- 
 er of that high court over all his Ma- 
 jefty's fubjects in the empire, and in 
 all cafes which can connft with the 
 fundamental rules of the conftitution, 
 was never queftioned in this province, 
 nor, as the Houfe conceive, in any 
 other. But in all free flates the con- 
 ftitution is fixed : it is from thence 
 that the fupreme legiflative as well as 
 the fupreme executive derives its au- 
 thority: neither, then, can break 
 through the fundamental rules of the 
 conftitution, without deilroying their 
 own foundation. 
 
 It is humbly conceived, that all 
 his Majefty's happy fubjects, in every 
 part of his wide extended dominions, 
 have a juft and equitable claim to the 
 rights of that conftitution, upon which 
 government itfelf is formed, and by 
 which fovereignty and allegiance is 
 afcertained and limited. Your Lord- 
 ihip will allow us to fay, that it is an 
 cilential right of a Britim fubject, in- 
 grafted into the conftitution, or if your 
 Lordihip will admit the expreilion, a 
 facred and unalienable natural right, 
 quietly to enjoy and have the fole dif- 
 pofal of his own property. In con- 
 formity to this, the ads of the Britifli 
 Parliament declare, that every indi- 
 vidual in the realm, isprefent in his 
 Majefty's high court of Parliament, 
 by himfelf or his reprefentative of his 
 own free election . But, my Lord, it 
 is apprehended, that a juft and equal 
 reprefentation of the fubjects, at the 
 diftance of a thoufand tranfmarine 
 leagues from the metropolis is utterly 
 impracticable. Upon this opinion, 
 this Houfe humbly conceive, his Ma- 
 jefty's royal predecefTors, thought it 
 equitable to form fubordinate legifla- 
 tive powers in America, as perfectly 
 s the nature of things would ad- 
 
 mit, that fo, their remote fubjecttf 
 might enjoy a right, which thofc 
 within the realm have ever held fa- 
 cred, of being taxed only by repre- 
 fentatives of their own free election. 
 
 The Houfe beg leave to obferve to 
 your Lordfhip, that the monies that 
 fhall arife by the act for granting to 
 his Majefty certain duties on paper, 
 glafs, and other articles, patted in 
 the laft feifion of Parliament, are to 
 be applied, in the firft place, for the. 
 payment, of the neceflary charges of 
 the adminiftration of juiUce, and the 
 fupport of civil government, in fuch 
 colonies where it mail be judged ne- 
 cefTary; and the refidue for defend- 
 ing, protecting and fecuring the co- 
 lonies. They intreat your Lordfhip's 
 confideration, what may be the con- 
 fequence, in forne future time, if the 
 crown, in addition to its right of ap- 
 pointing governors over the colonies, 
 which the Houfe chearfully recognize, 
 Ihould appoint them fucl/ftipends, as 
 it mall judge fit, without the confent 
 of the people, and at their expence. 
 And as the judges of the land here do 
 not hold their commiffions during, 
 good behaviour, your Lordihip will 
 judge, whether it may not hereafter 
 happen, that at fo great a diftance 
 from the throne, the fountain of ju- 
 ftice, for want of an adequate check, 
 corrupt and arbitrary rule may take 
 place, even within the colonies, which 
 may deprive a bench of juftice of its 
 glory, and the people of their happi- 
 nefs and fafety. 
 
 Your Lordihip's juftice and candor 
 will induce you to beiieve, that whaj: 
 our enemies may have taken occafion 
 to represent to his Majefty's minifters 
 and the Parliament, as an undutiful 
 difpoiition in the colonies, is nothing 
 more than a juft and firm attachment 
 to their natural and conftitutional 
 rights. It is humbly fubmitced to 
 your Lordihip whether thefe ideas 
 are well founded. And while this 
 
 pro- 
 
PRIOR DOCUMENTS. 
 
 iS 5 
 
 province and the colonies mall con- 
 tinue in your Lordftiip's judgment to 
 be faithful and loyal fubjects to his 
 Majefty, they rely upon it, that your 
 happy influence will ever be employ- 
 ed, to promote the fentiments of 
 tendernefs as well as juftice in the pa- 
 rent country. 
 
 Signed by the Speaker. 
 
 A letter to the Right Hon. Lord Cam- 
 den, Lord High Chancellor of Great 
 Britain. 
 Province of the MaJ/achufetts-Bay, 
 
 Jan. 29, 1768. 
 My Lord, 
 
 Your great knowledge of the con- 
 ftitution and laws of the nation, of 
 the juft extent of parliamentary au- 
 thority, and the rights of Britim fub- 
 jccts, is a prevailing inducement to 
 the Houfe of Reprefentatives of this 
 his Majefty's province, to addrefs 
 your Lordihip, at a time when your 
 attention to theBritifli colonies, their 
 connection with and dependance upon 
 the mother ilate, and their rights as 
 fubjects, feems to be neceffary and 
 important, not to them alone, but to 
 the whole empire. 
 
 This Houfe can fpeak only for the 
 people of one province : but no af- 
 fembly on this continent, it is pre- 
 fumed, can long be filent, under an 
 apprehenfion, that without the aid of 
 fome powerful advocate, the liberties 
 of America will foon be no more. 
 
 It is a caufe which the Houfe is 
 affured your Lordfhip has at heart : 
 and the paft experience of your pa- 
 tronage, and the noble exertions you 
 were pleafed to make for them in a 
 late time of diftrefs, affords the ftrong- 
 eft reafon to hope that your happy 
 influence will ftill be employed in 
 their behalf, as far as your Lordfhip 
 fhall judge to be right. 
 
 If in all free ftates, the conflitu- 
 rion is fixed, and the fupreme legif- 
 lative power of the nation, from 
 thence derives its authority ; can that 
 
 power overleap the bounds of the 
 conftitution, without fubverting its 
 own foundation ? If the remoteft fub- 
 jects, are bound by the ties of alle- 
 giance, which this people and their 
 forefathers have ever acknowledged ; 
 are they not by the rules of equity, 
 intitled to all the rights of that con- 
 ftitution, which afcertains and limits 
 both fovereignty and allegiance? If 
 it is an eflential unalterable right in 
 nature, ingrafted into the Britifh con- 
 ftitution as a fundamental law, and 
 ever held &cred and irrevocable by 
 the fubjects within the realm, that 
 what is a man's. own is abiblutely his 
 own ; and that no man hath a right 
 to take it from him without his con- 
 fent ; may not the fubjects of this 
 province, with a decent firmnefs, 
 which bas always diftinguifhed the 
 happy fubjects of Britain, plead and 
 maintain this natural conftitutional 
 right ? 
 
 The fuperintending authority of 
 his Majefty's high court of parlia- 
 ment over the whole empire, in all 
 cafes which can confift with the fun- 
 damental rights of the conftitution, 
 was never queftioned in this province, 
 nor, as this Houfe conceive, in any 
 other : but they intreat your Lord- 
 fhip's reflection one moment, on an. 
 act of parliament paffed the laft fef- 
 fion ; and another in the fourth of 
 his prefent Majefty's reign ; both im- 
 pofing duties on his fubjects in Ame- 
 rica, which as they are impofed with 
 the fole and exprefs purpole of raifmg 
 a revenue, are, in effect, taxes. The 
 pofition, that taxation and reprefen- 
 tation are infeparable, is founded pa 
 the immutable laws ef nature : but 
 the Americans had no reprefentation 
 in the parliament, when they were 
 taxed: are they not then unfortu- 
 nate in thefe inftances, in having 
 that feparated, which God and na- 
 ture had joined ? Such are the local 
 circumftances of the colonies, at the 
 B b diftance 
 
iS6 
 
 PRIOR DOCUMENTS. 
 
 diftance of a thoufand leagues from 
 the metropolis, and feparated by a 
 wide ocean, as will for ever render a 
 juftand equal reprefentation in the fu- 
 preme legiflative, utterly impractica- 
 ble. Upon this confideration, it is 
 conceived, that his Majefty's royal 
 predeceflbrs thought it equitable to 
 form legiflative bodies in America, 
 as perfectly free as a fubordination to 
 the fupreme legiflative would admit 
 of, that the ineftima'ble right of being 
 taxed only by reprefentatives of their 
 own free election, might be pteferved 
 and fecured to their fubjects here. 
 The Americans have ever been con- 
 iidered by the nation "as fubjects re- 
 mote; and fucceeding kings, even to 
 the prefent happy reign, and until 
 thefe acts were made, have always 
 directed their requifitions, to be laid 
 before the reprefentatives of their 
 people in America, with which this 
 province, and it is prefumed, all the 
 other colonies, have with the utmoft 
 chearfulnefs complied. Muft it not 
 then be grievous to fubjects, who have 
 in many repeated inftances afforded 
 the ftrongeft marks of loyalty and 
 zeal for the honour and fervice of 
 their fovereign, to be now called up- 
 on, in a manner, which implies a 
 diftruft of a free and willing compli- 
 ance ? Such is the misfortune of the 
 colonifts, not only in the inftances 
 before-mentioned, bnt alfo in the cafe 
 of the act for preventing mutiny and 
 defertion ; which requires the gover- 
 nor and council to provide enumera- 
 ted articles for the King's marching 
 troops, and the people to pay the ex 
 pence. 
 
 This is a great change ; and in its 
 nature delicate and important. Your 
 Lordfhip will form your own judge- 
 ment of the wifdom of making inch 
 a change, without the molt preffing 
 reafon, or an abfolute neceflity. There 
 can be no neceflity, my Lord, as thfs 
 Uottfe humbly conceive ; the fubjects 
 
 in this province, and undoubtedly in 
 all the colonies, however they may 
 have been othervvife reprefented to 
 his Majefty's mmifters, are loyal : 
 they are firmly attached to the mother 
 Hate : they always confider her inter- 
 eft and their own as infeparably in- 
 terwoven, and it is their fervent wifii 
 that it may ever fo remain : all they 
 defire is, to be reftored to the rtand- 
 ing upon which they were originally 
 put ; to have the honour and privi- 
 lege of voluntarily contributing to 
 the aid of their fovereign, when re- 
 quired : they are free fubjects ; and 
 it is hoped the nation will never con- 
 fider them as in a tributary 'ftate. 
 
 It is humbly fubmitted to your 
 Lordftiip, whether fubjects can be 
 faid to enjoy any degree of freedom, 
 if the crown in addition to its un- 
 doubted authority of conftituting go- 
 vernors, -mould be authorized to ap- 
 point fuch ftipends for them, as it 
 ihall judge proper, at their expence, 
 and without their confent. This is 
 the unhappy fta^e to which Hi* Majefty's 
 fubjects in the colonies are reduced, 
 by the act for granting certain duties 
 on paper, and other articles. A pow- 
 er without a check is always unfafe ; 
 and in fome future time may intro- 
 duce an abfolute government into 
 America. The judges of the land 
 here do not hold their commiffions 
 during good behaviour: is it not 
 then juftly to be apprehended, that 
 at fo great a diftance from the throne, 
 the fountain of national juftice, with 
 falaries altogether independent of the 
 people, an arbitrary rule may take 
 effect, which mall deprive a bench 
 of juftice of its glory, and the people 
 of their fecurity. 
 
 When a queftion arifes on the pub- 
 lic adminiftration, the nation wili 
 judge anfl determine in conformity to 
 its political conftitution : the great 
 end of^the Bridfh conftitution is unl- 
 verfal liberty j and this Hou/e reds 
 
 allured, 
 
PRIOR DOC 
 
 allured, that your Lordfhip's great in- 
 tereft in the national councils will al- 
 ways be engaged on the fide ofliber- 
 ty and truth. 
 
 Signed by the Speaker. 
 
 A letter to the Right Hon. the Earl of 
 
 Chatham. 
 Province f the Maffacbttfctt;-Bay t 
 
 Feb. 2, 1768. 
 My lord, 
 
 The particular attention you were 
 pleafed to give to the intereft of the 
 American fubjedls when their rights 
 were in danger, and your noble and 
 fuccefsful efforts in fupport of them, 
 have left in the breafts of all, the in- 
 delible marks of gratitude. I he 
 Houfe of Reprefentatives of this his 
 Majefty's province, having reafon to 
 be a flu red, that in every infcance of 
 your public condudt, you^are influen- 
 ced by the principles of virtue and a 
 diiint.erclled public affeclion, beg 
 leave to manifeft to your Lordfhip, 
 a teftimony of their full confidence 
 in you, by imploring your repeated 
 aid and patronage at this time when 
 the cloud again gathers thick over 
 them. 
 
 It muft afford the utmoft fatisfac- 
 tion to the diilreffed colonifts, to find 
 your Lordlhip fo explicitly declaring 
 your fentimeuts in that grand prin- 
 ciple in nature, " that what a man 
 hath honeftly acquired is abfolutely 
 and uncqntroulably his own." This 
 principle is eftabliihed as a funda- 
 mental rule in the Britifh conftitu- 
 tion, which eminently hath its foun- 
 dation in the laws of nature; and 
 confequently it is the imlifputable 
 right of all men ? more elpecially of 
 a Britifh fubjedl, to be prefent in per- 
 fon, or by reprefentation, in the body 
 where he is taxed. 
 
 But however fixed your Lordfhip 
 and fome others may be in this cardi- 
 nal point, it is truly mortifying to many 
 of his Majefty's free and loyal fub- 
 
 U M E N T S. 187 
 
 jeds, that even in the Britifli parlia- 
 ment, that fanftuary of liberty and 
 juftice, a different fentiment feems of 
 late to have prevailed. 
 
 Unwilling to intrude upon your at- 
 tention to the great affairs of ftate, 
 the Houfc would only refer your Lord- 
 fhip to an acl palled in the fourth 
 year of the prefent reign, and another 
 in the laftfeffion of parliament ; both 
 impofing duties on the Americans, 
 who were not reprefented, with the 
 fole and exprefs purpofe of railing a 
 revenue. What, my Lord, have the 
 colonies done to forfeit the character 
 and privilege of fubje&s, and to be 
 reduced in effeft to a tributary ftate ? 
 This Houfe may appeal to the nation, 
 that the utmoft aid of the people has 
 been chearfulfy given when his Ma- 
 jefty required it: often, on their own 
 motion, and when almoft ready to 
 faccumb under the expence of defend- 
 ing their own borders, their zeal ha* 
 carried them abroad for the honour of 
 their fovcreign, and the defence of hi$ 
 rights: of this, my Lord, not to mention 
 any more, the reduction of Louilburgfr 
 in the year 1 745, and the defence of his 
 Majeftv'sgarrifon at Annapolis, and of 
 all Nova Scotia, will be {landing monu- 
 ments. Can there then be a necefEty for 
 fo grear a change, and in its nature fo 
 delicate and important, that inftead 
 of having the honour of his Majefty's 
 requilitions laid before their reprefen- 
 tatives here, as has been invariably 
 the ufage, the parliament mould now 
 tax them without their confent ? 
 
 The enemies of the colonifts, for 
 fuch they unfortunately have, may 
 have reprefenteci them to his Majefty's 
 minifters, and the parliament, as fac- 
 tious, undudful, difloyal : they, my 
 Lord, arc equally the enemies of Bri- 
 tain : fuch is your extenfive know- 
 ledge of mankind, and the fentiments 
 and difpofition of the colonies in ge- 
 neral, that this houfe would freely 
 venture to reft the character of their 
 B b 2 con- 
 
PRIOR DOCUMENTS. 
 
 conflituents in your Lordfhip's judg- 
 ment : furely it is no ill difpofition in 
 the loyal Subjects of a patriot king, 
 with a decency and firtnnefs adapted 
 to their character, to aflert their free- 
 dom. 
 
 The colonies, as thi^ Houfe hum- 
 bly conceive, cannot be represented 
 in the Britifh parliament : their lo- 
 cal circumftances, at the diftance of 
 a thoufand leagues beyond the Seas, 
 forbids, and will for ever render it 
 impracticable : this they apprehend, 
 was the reaSon that his Majeitv's royal 
 predeceflbrs faw fit to creel Subordi- 
 nate legiflative bodies in America as 
 perfectly free as the nature of things 
 would admit, that their remote Sub- 
 jects might enjoy that ineftimable 
 right, a repretentation. Such a le- 
 giflative is conftituted by the royal 
 charter of this province. In this 
 charter, the King, for himfelf, his 
 heirs and fuccefibrs, grants to the in- 
 habitants all the lands and territories 
 therein defcribed, in free and com- 
 mon foccage ; as ample eftate as the 
 fubjets can hold under the crown ; 
 together with all the rights, liberties, 
 privileges, and immunities of his na- 
 tural Subjects born within the realm ; 
 of which the moft eflential is a power 
 invefted in the general affembly to 
 levy proportionable and reafonable 
 eaxes on the eflates and perfons of 
 the inhabitants, for the fer'vice of his 
 Majefty, and tke neceffary defence 
 and Support of his government of the 
 province, and the protection and pre- 
 lervation of the inhabitants. But 
 though they were originally, and al- 
 ways, fince their Settlement*- have 
 been coniidered as Subjects remote, 
 they have ever cherifhed a warm af- 
 fection for the mother Hate, and a 
 regard for the intereft and happineSs 
 of their fellow Subjects in Britain. 
 If then the colonies are charged with 
 the moft diftaat thought of an inde- 
 pendency, your Lordihip may be af- 
 iured, that, with reSpect to the peo- 
 
 ple of this province, and it is pre- 
 Sumed, of all the colonies, the charge 
 is unjuft. 
 
 Nothing would have prevailed up- 
 on the HouSe to have given your 
 Lordihip this trouble, but the neceS- 
 fity of a powerful advocate, when 
 their liberty is in danger : Such they 
 have more than once, found you to be; 
 and as they humbly hope they have 
 never forfeited your patronage, they 
 in treat that your great intereil in the 
 national councils may {till be em- 
 ployed m their behalf, that they may 
 be reilored to the Handing of free 
 fabjeds. 
 
 That your Lordmip may enjoy a 
 firm ftate of health, and lonp be con- 
 tinued a great bleiiing to the nation 
 and her colonies, is the ardent wilh 
 of this Houfe. 
 
 Signed by the Speaker. 
 
 A Letter to the Right Hon^ the Lords 
 Commijfioncrs of the ^Treafury. 
 
 Province of the Maffachufetts-Bay, 
 February 17, 1768. 
 
 My Lords, 
 
 The HouSe of Representatives of 
 this his Majeity's province beg leave 
 to lay before ycur Lordmips the great 
 difficulties to which they are reduced, 
 by the operation of divers ads of Par- 
 liament, impoSing duties to be levied 
 on the Subjects of the American colo- 
 nies, and made with the Sole and ex- 
 prefs purpofe of raifing a revenue : 
 and beg the favour of your candid 
 judgment and great intereft in the 
 national councils for their redrefs. 
 
 As their conftituents are not in any 
 manner represented in the Parlia- 
 ment, they cannot So much wonder, 
 that taxes and burdens are laid upon 
 them, which they humbly appiehend 
 could have been made to appear to be 
 beyond all bounds of equity and pro- 
 portion ; and this coniideration they 
 are Sure would have had its due weight 
 in the Britilh houfe of commons. 
 
PRIOR DOC 
 
 By aft of Parliament, your Lord- 
 Ihips are fenfible, that the colonies 
 are reftrained from importing com- 
 modities, the growth or manufac- 
 ture of Europe, faving a few arti- 
 cles, except from Great Britain : by 
 this policy, the demand of Britifh 
 manufaftures from the colonies is 
 greatly increafed ; and the manufac- 
 turers have the advantage of their own 
 price. Hence it appears, that what 
 53 gained by the fubjefts- in Great 
 Britain, is a lofs to thoip in America ; 
 for there can be no doubt, as this 
 Houfe conceive, but that if the colo- 
 niits were allowed to purchafe fuch 
 commodities at foreign markets, they 
 might have them at a cheaper rate ; 
 or, which is the fame thing to them, 
 the Britifh manufacturers would be 
 neceffitated to reduce their price. 
 Thus alfo, with regard to the many 
 articles of their produce, which the 
 colonies are by aft of Parliament re- 
 trained from fending to foreign ports : 
 this occafioned a great plenty of Ame- 
 rican exports, and oftentimes a glut 
 at the Britiih markets, which always 
 diininiilies the price, and makes a 
 lofs to the American, and an equal 
 gain to the fubjeft in Britain. This 
 regulation, evidently defigned in fa- 
 vour of thcfe of his Majeity's fubjefts 
 inhabiting in Great Britain, the houfe 
 is not at this time complaining of: 
 but they beg your Lordfliips confide - 
 ration, whether, in addition to thefe 
 burdens, it is not grievous to their 
 conihtuents, to be obliged to pay du- 
 ties on Britifh manufactures here : 
 eipecially confidering, that, as the 
 confumers of thole manufactures, they 
 pay a great proportion of the duties 
 and taxes laid upon them in Britain. 
 It is computed by a late celebrated 
 Britifh writer, that the artificial value 
 arising from thefe duties are not lefs 
 than fifty per cent. Your Lordfhips 
 will then form an eftimate of the part 
 that is paid annually upon the impor - 
 
 U M E N T S. 189 
 
 Cation ] n to America, which is gene- 
 rally allowed to be at leafl t*o mil- 
 lions flerling. So great are the ad- 
 vantages anting yearly to Great Bri- 
 tain from the colonies, moft of which, 
 it is faid, were fettlea, an<. have been 
 maintained and defended, till within 
 a very few years, folely at their own 
 expence ; this Houfe can affirm for 
 one province only. 
 
 But the bearing an unequal mare 
 of the public burthens, though a real 
 grievance, is of but fmall confidera- 
 tion, when compared with another, 
 in the mentioning of which, the 
 Houfe begs your Lordfhip's indul- 
 gence. The duties levied in America, 
 by virtue of the aforementioned afts, 
 were impofed with the fole and ex- 
 prefs purpofe of raifing a revenue ; 
 and are \o be applied, in the firft 
 place, for making a more certain and 
 adequate provifion for the charge of 
 the adminiftraiion of juilice, and the 
 fupport of civil government, in fuch 
 colonies where it fhail be found ne- 
 ceffary ; and the reficlue is from time to 
 time to be difpofed of by Parliament, 
 towards defraying the neceffary ex- 
 pences of defending, protecting, and 
 fecuring.the colonies. It is humbly 
 fubmitted, whether his Majefty's com- 
 mons in Britain have not., by thefe 
 ac?cs, granted the property of their 
 fellow fubjeds in America, without 
 their content in Parliament. Your 
 LordGups will allow, that it is an un- 
 alterable rule in equity, that a man 
 mall have the free ufe and the fole 
 difpofal of his property. This origi- 
 nal principle, to the lading honour 
 of our Britifh anceitors, was in early 
 time ingrafted into the Bririfh confti- 
 tution, and is the greateft iecurity, as 
 well as the brighteit ornament of a 
 Britifh fubjeft. It adds to- the real 
 grandeur of the Britifh monarch, 
 whofe happy fubjefts have an un ma- 
 ken opinion of their own fV.fety, 
 which is the perfection of political 
 
 liberty : 
 
190 P R I O R D 
 
 liberty : fiuh a conftitution mall in 
 future ages be admired, when the 
 names of tyrants and their va.ffa.ls 
 ihy.ll be alike forgot. This conftitu- 
 tion, my Lords, is fixed : it is from 
 thence that all power in the ftate de- 
 rives its authority : therefore, no 
 power can exceed the bounds of it 
 without destroying its own foundati- 
 on. It is conceived, that even the 
 .remote!]; and meft inconfiderable fub- 
 ject hath an equitable claim to the 
 benefit of the fundamental rules of 
 theconftitutioh; for all Britifh fub- 
 jects are alike free. The bleifmgs of 
 the Britiih conftitution will for ever 
 keep the fubjecls in this province 
 united to the mother ftate, as long as 
 the femiments of liberty are preferv- 
 ed : but what liberty can remain to 
 them, when their property, the fruit 
 of their toil and induftry, and the 
 prop of all their future hopes in life, 
 may be taken from them at the dif- 
 cretion of others ? They have never 
 been backward in affording their aid 
 to his Majefty, to the extent of their 
 ability : they can fay without vanity, 
 and they may be allowed to boaft, 
 . that from the days of their anceftors, 
 no fubjecls have given more fignal 
 proofs of zeal for the fervice and ho- 
 nour of their fovereign, and affection 
 for the parent country : It has irill of 
 late been the invariable ufage for his 
 Majelty's requifitions to be laid before 
 their own representatives ; and their 
 aid lias not been tributary, but the 
 free and voluntary gift of all : the 
 change is in its nature delicate and 
 important; your Lordfhips will judge 
 \vhether there be any neceffity or pref- 
 fing reafons of it : the Houfe are not 
 inierJible that the colonies have their 
 enemies, who may have reprefented 
 them ;j his Majefty's minillers and 
 the Parliament as'feditioas, difloyal, 
 and difpofed to fet up an indepen- 
 dency on Great Britain : but they 
 r.Iv unon the candour of vow Lord- 
 
 CD C U M E N T S. 
 
 mips judgment: they can affirm, that 
 with regard to this province, and, they 
 prefume, all the colonies, the charge 
 is injurious and unjuft; the fuperin- 
 tending authority of his Majefty's 
 high court of Parliament, the fupreme 
 legislative over the whole empire, is 
 as clearly admitted here as in Britain ; 
 fo far as is cciififtent with the funda- 
 mental rules of the conftitution : and, 
 it is prefumed, it is not further ad- 
 mirTable there. 
 
 The Houie are humbly in opinion, 
 that a reprefentation of their constitu- 
 ents in that high court, by reafon of 
 local cjrcumftances, will for ever be 
 impracticable : and that his Majefty 's 
 royal predecefibrs were .graciouily 
 pleafed, by charter, to erett a Ifgif- 
 lative in the province, as perfectly 
 free as a fubordinaiion would admit, 
 that the fubjecls here might e^ijoy the 
 unalienable right of a representation ; 
 and further, that" the nation hat-h. 
 ever fince confidered them as fubjecls, 
 though remote, and conceded to the 
 acls of the fubordinate legijlation. 
 Their charter is a check upon them, 
 and effectually fecure.s their depend- 
 ance on Great Britain; for no acts 
 can be in force till the King's go- 
 vernor has given his a (Tent, and all 
 laws that are made are laid before his 
 Majefty, who at any time, during 
 three years after they are made, may 
 difannul them at his royal pleafure : 
 under this cheek the Houfe humbly 
 conceive a reprefentation in Parlia- 
 ment cannot be neceilary for the na-: 
 tion, and for many reafpus it cannot 
 be eligible to them : all they defire 
 is, to be plated on their original 
 Handing, that they may ftill be hap- 
 py in the enjoyment of their invalua- 
 ble privileges, and the nation may 
 ftill reap the advantage of their growth 
 and profperity. 
 
 The Houfe intreat your Lord/hips 
 patience one moment longer, while 
 they juft mention the danger they 
 
 appre- 
 
PRIOR DOCUME 
 
 191 
 
 apprehend to their liberties, if the upon fo delicate a point, mould bar- 
 
 crown, in addition to its uncontro- : -*' 1 - 
 
 verted right of appointing a gover- 
 nor, fhould alfo appoint him a fti- 
 pend at the expence of the people, 
 and without their confent. And alfo, 
 whether, as the judges and other civil 
 
 monize with each other : the Houfe 
 therefore hope that this letter will be 
 candidly confidered in no other light 
 than as expreffing a difpofition freely' 
 to communicate their mind to a filter 
 colony, upon a common concern, in 
 
 officers of the province do not- hold the fame manner as they would be 
 commifTions during good behaviour, glad to receive the fentiments of your, 
 there is not a probability that arbitrary 
 ruk may in fome time take effeft, 
 
 to the fubverfion of the principles of 
 
 or any other Houfe of Affembly oa 
 the continent. 
 
 The Houfe have humbly reprefent- 
 
 equity and juftice, and the ruin of ed to the Miniftry their own fenti- 
 
 liberty and virtue. 
 
 It is humbly hoped, that your Lord- 
 fhips will conceive a favourable opi- 
 nion of the people of the province ; 
 and that you will patronize their li- 
 berties, fo far as in your great wif- 
 dom and candour you lhall judge to 
 be right. 
 
 Signed by the Speaker. 
 
 ?be following is a genuine copy of the 
 circulatory letter which 'ivas jent 
 from the Houfe of Reprefentatives 
 of the province ofMaJ/achufetts-Bay, 
 fj the Speakers of the refpeflive 
 Honjes and Burgeffes on the Continent 
 of North America. 
 Province of the Majfechufittt-Bay, 
 
 Feb. II, 1768. 
 SIR, 
 
 The Houfe of Reprefentatives of 
 rhis province have taken into their 
 lerious confideration the great difficul- 
 ties that mult accrue to themfelves 
 and their conilituents, by the opera- 
 tion of the feyeral Ads of Parliament 
 jmpoilng duties and taxes on the Ame- 
 rican colonies. 
 
 As it is a fubjeft in which every 
 colony is deeply intereiled, they have 
 no reafon to doubt but your Houfe is 
 duly impreffed with its importance j 
 and that fuch conftitutional mraiures 
 will be come into as are proper. Ic 
 teems to be neceflary, that all poflible 
 cure mould be taken :h-at the repre- 
 fcntations of the fevera) 
 
 ments : that his Majefty's High Court 
 of Parliament is the fupreme legi da- 
 tive power over the whole empire : 
 that in all free ftates the conftitution 
 is fixed : and as the fupreme legiila- 
 tive derives its power and authority 
 from the conftitution, it cannot over- 
 leap the bounds of it, without de- 
 ftroying its foundation : that the con- 
 ftitution afcertains and limits both 
 fovereignty and allegiance: and there- 
 fore his Majefty's American fubjecb 
 who acknowledge themfelves bound 
 by the ties of allegiance, have an 
 equitable claim to the full enjoyment 
 of the fundamental rules of the Bri- 
 tifh conftitution : that it is an effential 
 unalterable right in nature, ingrafted 
 into the Britifh conftitution as a fun- 
 damental law, and ever held facred 
 and irrevocable by the fubjecls within 
 the realm, that what a man hath ho- 
 neftly acquired is abfolutely his own, 
 which he may freely give, but cannot 
 be taken from him without his con- 
 fent : that the American fubjefts may 
 therefore, exclufive of any confidera- 
 tion of charter rights, with a decent 
 firmnefs adapted to the charader . of 
 freemen and fubjefts, aflert this na- 
 tural conftitutional right. 
 
 It is moreover their humble opinion 4 
 which they exprefs with the greatell 
 deference to the wifdom of the pnriia- 
 ment; that the ats made there, im- 
 pofing duties on the people of this 
 province, with- the ible and exprefs.' 
 
 purpofe 
 
192 
 
 PRIOR DOCUMENTS. 
 
 purpofe of raiting a revenue, are in- 
 fringements of their natural and con- 
 ftitutlonal rights; becauie^ as they 
 are not represented in the Britifh par- 
 liament, his Majefiy's commons in 
 Britain by thole acts grant their pro- 
 perty without their confent. 
 
 This Houfe further are of opinion, 
 that their conftituents, coniidering 
 their local circumftances, cannot by 
 any poiiibilky be reprefented in the 
 Parliament; and that it will for ever 
 be impracticable that they fhould be 
 equally reprefented there, and confe- 
 -quently 'not at all ; being feparated 
 by an ocean of a thoufand leagues : 
 that his Majefty's royal predecefibrs, 
 for thisrcafon, were gracioufly pleafed 
 to form a fubordinate legiflative here, 
 that their fubjects might enjoy the 
 .unalienabie right of a reprefentat'.on. 
 Alfo that confidering the utter im- 
 practicability of their ever being fully 
 and equally reprefented in parlia- 
 ment, and the great expence that 
 muft unavoidably attend even a par- 
 tial reprefentation there, this Houfe 
 think, that a taxation of their confti- 
 tuents, even without their confent, 
 grievous as it is> would be preferable 
 to any reprefentation that could be 
 admitted for them there. 
 
 Upon thefe principles, and alfo 
 confidering that were the right in the 
 parliament ever fo clear, yet for ob- 
 vious reafons it would be beyond the 
 rule of equity, that their conftituents 
 mould be taxed on the manufactures 
 of Great Britain here, in addition to 
 the duties they pay for them in Eng- 
 land, and other advantages ariilng to 
 Great Britain from the acts of trade ; 
 this Houfe have preferred a humble, 
 dutiful, and loyal petition to our moil 
 gracious fovereign, and made fuch 
 reprefentation to his Majefty's mini- 
 ftars, as they apprehend would tend 
 to obtain redrefs. 
 
 They have alfo fubmitted to con- 
 federation, whether any people can 
 
 be faid to enjoy any degree of free- 
 dom, if the crown, in addition to its 
 undoubted authority of conftituting a 
 governor, fhould appoint him fuch a 
 ftipend as it fhall judge proper, with- 
 out the confent of the people, and at 
 their expence: and whether, while 
 the judges of the land, and other civil 
 officers, hold not their commiflions 
 during good behaviour, their having 
 falaries appointed for them by the 
 crown, independant of the people, 
 hath not a tendency to fubvert the 
 principles of equity, and endanger 
 the happinefs and fecurity of the fub- 
 jeft. 
 
 In addition to thefe meafnres, the 
 Houfe have wrote a letter to their 
 agent, Mr. De Berdt, the fentiments 
 of which he is directed to lay before 
 the miniftry ; wherein they take no- 
 tice of the hardihip of the act for 
 preventing mutiny and defertion ; 
 which requires the governor and 
 council to provide enumerated articles 
 for the King's marching troops, and 
 the people to pay the expence : and 
 alfo the commiffion of the gentlemen 
 appointed commifTioners of the cuf- 
 toms to refide in America, which 
 authorizes them to mnke as many ap- 
 pointments as they think fit, and to 
 pay the appointees what fums they 
 pkafe, for whofe mal-conduct they 
 are not accountable: from whence 
 it may happen, that officers of the 
 crown may be multiplied to fuch a 
 "degree, as to become dangerous to 
 the liberty of the people, by virtue 
 of a cormniflion which doth not ap- 
 pear to this Houfe to derive any fuch 
 advantages to trade as many have 
 been led to expect. 
 
 Thefe are the fentiments and pro- 
 ceedings of this houfe : and as they 
 have too much reafon to believe, that 
 the enemies of the colonies have re- 
 prefented them to his Majefty's mi- 
 nifters and the parliament as factious, 
 difloyal, and having a difpofition to 
 
 make 
 
PRIOR DO 
 
 make themfelves independent of the 
 mother country, they have taken oc- 
 cafion, in the moil humble terms, to 
 allure his Majefty and his minifters, 
 that with regard to the people of this 
 province, and, as they doubt not, of 
 all the colonies, that the charge is 
 unjuft. 
 
 The Houfe is fully fatisfied, that 
 your aflembly is too generous and en- 
 larged in fentiment to believe, that 
 this letter proceeds from an ambition 
 of taking the lead, or dictating to 
 the other affemblies : they freely fub- 
 mit their opinion to the judgment of 
 others ; and mall take it kind in your 
 Houfe to point out to them any 
 thing further that may be thought 
 neceflary. 
 
 This Houfe cannot conclude with- 
 out expreffing their firm confidence in 
 the King, our common head, and 
 father, that the united and dutiful 
 fupplications of his diftrefled Ameri- 
 can fubjefts will meet with his royal 
 and favourable acceptance. 
 
 Signed by the Speaker. 
 
 A copy of the above letter e was alfo, 
 by order of the Hcufe, fent to Dennis 
 De Berdt^ Efq ; agent to the province 
 in 'London ; that he might make ufe of it, 
 ifneceffary, to prevent anymifreprefenta- 
 tion of it in England. 
 
 In the Houfe of Reprefcntatives, Feb. 
 
 13, 1768. 
 
 Whereas this Houfe hath directed 
 that a letter be fent to the feveral 
 Houfes of Reprefentatives and Bur- 
 gefTes of the Britim colonies on the 
 continent, fetting forth the fentiments 
 of the Houfe, with regard to the great 
 difficulties that muft accrue by the 
 operation of divers acts of parliament, 
 for levying duties and taxes on the co- 
 lonies for the foie and exprefs purpofe 
 of raifing a revenue, and their pro- 
 ceedings thereon, in an humble, loy- 
 al and dutiful petition to the Kirig, 
 and fuch reprefentations to his Ma- 
 
 C U M E N T S. 195 
 
 jefty's minifters as they apprehended 
 might have a tendency to their ob- 
 taining relief: and whereas it is the 
 opinion of this Houfe, that all effec- 
 tual methods mould be taken to cul- 
 tivate a harmony between the feveral 
 branches of this government, as being 
 necefTary to promote the profperity of 
 his Majefty's government in the pro- 
 vince : 
 
 Refolved, That Mr. Otis, Col. 
 Preble, Mr. Spooner, Mr. Sayward, 
 and Mr. Hall, be a committee to 
 wait on his Excellency the Governor, 
 and acquaint him that a copy of the 
 letter aforefaid will be laid before 
 him as foon as it can be drafted, as 
 well as of all the proceedings of the 
 Houfe relative to faid affair, if he 
 mail defire it ; and that the fai-.i com- 
 mittee humbly requeft that his Excel- 
 lency would be pleafed to favour the 
 Houfe with a copy of the letter from 
 the Right Hon. the Earl of Shelburne, 
 lately read to the Houfe by order of 
 his Excellency, and his own fevera 
 letters to which it refers. 
 
 T. GUSHING, Speaker. 
 "His Excellency' 's Anfivjer. 
 Gentlemen of the Houfe of Reprefenta- 
 ti<ves. 
 
 In anfwer to your meflage of the 
 1 3th inilant, I find it neceffary to in- 
 form you, that foon after the letter 
 of the Earl of Shelburne was read in 
 your Houfe, I ordered a copy of it to 
 be given to the Speaker, to be ufed 
 as he mould think fit, upon condi- 
 tion that no other copy mould be 
 taken thereof:' I am very willing 
 that the copy in the Speaker's hands 
 mould be communicated to you in 
 any manner which is confident with 
 that reihiclion. 
 
 I know of no letters of my own 
 which I think can be of any ufe to you 
 upon this occanon. 
 
 I quite agree with you in opinion 
 
 that all effectual methods mould be 
 
 taken to cultivate an harmony between 
 
 C c th 
 
PRIOR DOCUMENTS; 
 
 the feveral branches of the legiflature 
 of this government, as being necef~ 
 fary to promote the profperity of the 
 province ; and I mall chearfully join 
 with you in all proper meafures for fo 
 falutary a purpofe. 
 
 Council-Chamber, FRA. BERNARD. 
 
 . Feb. j 6, 1768. 
 /// the ffou/e of Reprefentatives , Feb. 
 
 18, 1768. 
 
 Ordered, that Mr. Hancock, Ma- 
 jor Frye, Colonel Richmond, Colonel 
 Noyes, and Col. Stoddard, be a com 
 mittee to wait upon his Excellency 
 the Governor, and prefent to him the 
 following anfwer to his meilage of the 
 i6thinitant. 
 
 T. GUSHING, Speaker. 
 May it phafe your Excellency , 
 Your meifage of the i6th inftant 
 has been read and duly confidered in 
 the Houfe of Reprefentatives. The 
 manner, in which your Excellency 
 was pleafed to introduce into this 
 houfe the lette,r from the Right Hon. 
 the Earl of Shelburne, by giving or- 
 ders to the fecretary to read it with- 
 out leaving a copy, appeared to be 
 unprecedented and" unparliamentary ; 
 but this made but a light impreffion 
 on the houfe, when the members re- 
 col ledted, as far as they could, the 
 unfavourable fentiments his lordfhip 
 thought himfelf neceflitated to enter- 
 tain of the two houfes of this afiem- 
 bly, and of fome particular members 
 in this houfe, whofe characters in the 
 opinion of the houfe Hand unimpeach- 
 able. Under this apprehenfion they 
 thought it neceffary for their vindica- 
 tion humbly to requeit your Excellen - 
 cy to favour them with a copy of his 
 lordihip's letter; and as it appeared 
 to them that his lordihip had formed 
 liis fentiments of the two houfes, and 
 their members, from your own letters 
 to which he referred, the houfe thought 
 they could not do themfelves and their 
 members juftice, unlefs they could be 
 favoured with a fight of them alfo, 
 
 and accordingly requefled it of your 
 Excellency. 
 
 You are pleafed to fay that yo\i 
 know of no letters of your " own that 
 you think can be of any ufe to the 
 houfe upon this occafion."--The houfe 
 did not in their vote or mefTage fay 
 what occafion they had to requeil 
 them. But when his lordfhip exprefs- 
 ly fays, that it appears from your 
 feveral letters, that your negativing 
 counfellors in the late elections was 
 done with due deliberation and judg- 
 ment, it is natural for the houfe to 
 conclude, that your Excellency had 
 thought it convenient, to give his 
 lordihip, the particular reafons you 
 had, for a meafure fo rare and extra- 
 ordinary. Thefe reafons feem to 
 
 have prevailed to juftify your Excel- 
 lency ; for his lordihip acquaints you, 
 that his Majefty is gracioufly pleafed 
 to approve of your having exerted 
 the power lodged in you by the con- 
 flitution of the province : but unfor- 
 tunately for the two houfes his lord- 
 ihip pafTes a different judgment upon 
 their conduct, and takes occaiiori to 
 applaud the wifdom of thofe who 
 framed the charter, in providing that 
 a power mould be placed in the Go- 
 vernor as an occasional check upon 
 any indifcreet ufe of the right of 
 electing couniellors. It evidently ap- 
 pears from this paflage, that his Ma- 
 jefty's minifter has conceived an opi- 
 nion of the two houfes, as having 
 made an indifcreet ufe of a charter 
 right. The houfe were willing to be 
 convinced that this opinion and other 
 fentiments exprefied in his lordfhip's 
 letter, which imply an high cenfure 
 upon the two houfes, and upon par- 
 ticular members of this houfe, were 
 rather inferences drawn from your 
 letters, in which his lordmip might 
 be liable to miilake, than the direct 
 expreflions of it : had your Excellen- 
 cy been pleafed, to have favoured 
 them with the copies, they might 
 
 have 
 
DOCUMENTS. 195 
 
 occafion, cellency exprefles a difpofUion chear- 
 
 PRIOR 
 
 Lave been of ufe on this 
 
 and fatisfaftory to the houfe : but fully to join with the houfe, than aa 
 as you have thought proper to refufe open 'and unreferved explanation to 
 them, they are left to conjecture with each other: for this purpofe, the 
 
 houfe in their meffcge afTured you, 
 
 all poffible candour, and appeal to 
 the world. 
 
 His Lordfhip is induced to believe, 
 that the affembly have made an indif- 
 p-eet ufe of their right of chufing 
 counfellors, to the exclufion of the 
 principal officers of government from 
 the board, whofe prefence there as 
 counfellors fo manifeftly tends to fa- 
 cilitate the courfe of public bufmefs, 
 and who have therefore been before 
 this period ufually elected ; and, that 
 they have thus exerted their right, 
 with a far different intention from 
 that, of promoting the re-eftabli(h- 
 ment of tranquility, and evincing the 
 duty and attachment of the colony 
 towards Great-Britain. The houfe 
 
 that they were ready to lay before you 
 their humble petition to his Majefty, 
 and their reprefentations to his mini- 
 fters, with all their other proceedings 
 upon the important matters that have 
 been before them, at the fame time 
 that they made their reatbnable re- 
 quell of your Excellency's letters. 
 
 After having recited a great part 
 of the fentiment of his Lordfhip's 
 letter, no one can be aftonifhed at 
 the conclufion he is pleafed to make, 
 that under fuch circumftances it can- 
 not be furprifing, that his Majefty's 
 fovernor exerts the right entrusted to 
 im by the fame conltitution, to thq 
 purpofe of excluding thofe from the 
 
 would be glad to juftify this con ftruc- council, whofe miitaken zeal may 
 tion of his Lordfhip's letter, which have led them into improper excefTes, 
 is nearly in the words of it, by pub- and whofe private refentments (and 
 liming it in their journals, but that is his Iprdfhip adds, he ftiould be forry 
 
 to afcribe to them motives flill more 
 
 jnconfiftent with your Excellency's re- 
 ftriftions. This is not the firft time 
 that his Majefty's miniflers, and even 
 his Majefty himfelf, after haying had 
 before him your Excellency's letters, 
 and the incloiures, has thought it 
 necefTary to form an opinion of his 
 loyal fubjecls of this province, as hav- 
 ing a degree of ill temper prevailing 
 among them : and your Excellency 
 cannot be infenfible, that the prefent 
 houfe have heretofore, for the fake of 
 conciliating the minds of the people, 
 and reftoring an unanimity to this ge- 
 neral court, requefled your Excellen- 
 
 blameable) may in your opinion fur- 
 ther lead them to embarrafs the ad- 
 miniftration and endanger the quiet 
 of the province. Surely his lordfhip 
 would never have patted fuch a cen- 
 fure upon the two houfes of aflembly, 
 nor upon particular gentlemen alto- 
 gether ftrangers to him, but upon 
 what he thought to be the beft autho- 
 rity: it is far beneath his character 
 and dignity to give credit, or even 
 to hearken td any account fo preju- 
 dicial to the reputation of the pro- 
 vince, and of particular perfons, but 
 
 cy to give them the opportunity of what he receives from gentlemen in 
 
 the highefl ftations in it. Your Ex- 
 cellency then muft allow the houfe to 
 believe, until they fhall be convinced 
 to the contrary, that your feveral let- 
 ters, to which his lordfhip refers, are 
 fo fully expreffed as to have left his 
 lord m ip no room to fufpect that he 
 could be miflaken. 
 C c a In 
 
 making it evident to their conftitu- 
 ents, that your letters had no ten- 
 dency to induce fuch an opinion : 
 and the houfe frill think that nothing 
 would tend more to promote the fa- 
 Jutary purpofe of cultivating an har- 
 mony between the feveial branches 
 pf this legiflature, in which your Ex- 
 
1 96 
 
 PRIOR DOCUMENTS. 
 
 In fuch a cafe your Excellency can- 
 not think that the houfe can remain 
 in filence : they recommend to their 
 Injured members a becoming calm- 
 nefs and fortitude ; and take this oc- 
 cafion to bear a teftimony to their 
 zeal for the honour of their king and 
 the rights of their cenftituents : but 
 the character of the people whom this 
 houfe represent, as well as their own 
 honour is at ftake, and requires them 
 to take every prudent meafure for 
 their own vindication. The houfe 
 are truly forry that this new occafion 
 of miftruft and jealoufy has happen- 
 ed, but they can never be fo wanting 
 to themfelves, as to omit the oppor- 
 tunity of removing from his lordfhip's 
 mind the unfavourable impreflions 
 which appear by his letters, and what 
 isof much greater importance to them, 
 of {landing before their fovereign in 
 their o^n juil character of loyal fub- 
 jects. 
 
 February 23, 1768. 
 *Tbe Secretary went down to the "Houfe 
 of Reprefentatives with the folio-M- 
 ing meffage from his Excellency the 
 Governor y which to prevent mif- 
 takes was reduced to writing, and 
 a copy thereof delivered to the Speak- 
 er. 
 
 Mr. Speaker, 
 
 I am ordered by his Excellency to 
 i nfcrm you that as this Houfe has 
 thought fit to permit their zneffage of 
 Feb. 1 8th, containing extracts from 
 the Secretary of State's letter with 
 obfervadons upon it to be printed in 
 a common news paper, it is to no 
 purpofe to continue the reftriction 
 againft granting copies of fuch let- 
 ter : he therefore confenrs that it may 
 be entered upon the journal of the 
 houfe. 
 
 Copy cf a letter fr cm the Right Hon. 
 the E Ctrl of Shelburnc, to his Excel- 
 lency Gov. Bernard, dated White- 
 hall) 17 th Sept. 1767, which was 
 
 read to the Houfe by order of his Ex- 
 cellency, and occajtoned the letter t9 
 his Lordjhip inftrted p. 198. 
 I have the pleafure to fignify to you 
 his Majefty's approbation of your 
 conduct, and to acquaint you, that 
 he is graciously pleafed to approve 
 of your having exerted the power 
 lodged in you by the conftitution of 
 the province of Maffachufetts-Bay, 
 of negativing counfellors in the late 
 election, which appears from your 
 feveral letters to have been done with 
 due deliberation and judgment. 
 
 Thofe who framed the prefeat char- 
 ter very wifoty provided that this 
 power mould be placed in the gover- 
 nor as an occafional check upon any 
 indifcreet ufe of the right of electing 
 counfellors, which was given by char- 
 ter to the afTembly, which might at 
 certain periods, by an improper exer- 
 cife, have a tendency to difturb the 
 deliberations of that part of the le- 
 giflature, from whom the greateit 
 gravity and moderation is more pe- 
 culiarly expected. As long therefore 
 as the aflembly mall exert their right 
 of election to the exclufion of the 
 principal officers of government, from 
 council, whofe prefence there, as 
 counfellors, fo manifeftly tends to 
 facilitate the courfe of public bufi- 
 nefs, and who have therefore been 
 before this period ufually elected, and 
 whilft, in particular, they exclude men 
 of fuch unexceptionable characters as 
 both the prefent lieutenant governor 
 and fecretary undoubtedly are, and 
 that too, at a time when it is more 
 peculiarly the duty of all parts of the 
 conftitution to promote the re-eftab- 
 lifhment of tranquility, and not fore- 
 go the leaft occafion of evincing the 
 duty and attachment of the colony 
 towards Great-Britain ; it cannot, 
 under fuch circumftances, be furpriz- 
 ing that his Majefty's governor exerts 
 the right entrufted to him by the fame 
 conftitution, to the purpofe of ex- 
 cluding 
 
PRIOR DOCUMENTS. 
 
 '97 
 
 eluding thofe from the council whofe 
 miftaken zeal may have led them in- 
 to improper exceffes, and whofe pri- 
 vate refentments (and I fhould be 
 forry to afcribe to them motives ftill 
 more blameable) may in your opinion 
 further lead them to embarrafs the 
 adminiftration and endanger the quiet 
 of the province. 
 
 The difpute which has arifen con- 
 cerning the lieutenant-governor's be- 
 ing prefent without a voice, at the 
 deliberations of the council, is no 
 otherwife important, than as it tends 
 to mew a warmth in the Houfe of 
 Reprefentatives which I am extreme- 
 ly forry for. 'There is no pretence 
 of danger to be apprehended from 
 the prefence of the lieutenant gover- 
 nor in council, there is no novelty in 
 the practice, and there is an apparent 
 utility and propriety in admitting him 
 to be prefent at the deliberations of 
 the council, who may be iuddenly 
 called to the adminiftration of the 
 province. If this oppofition to the 
 lieutenant governor's luting in coun- 
 cil, is to be confidered as perfonal, it 
 muft appear here very extraordinary, 
 that a perfon of his very refpectable 
 character, and whofe learning and 
 ability have been exerted in the fer- 
 vice of America, mould yet meet 
 with fo much animoiity and ill-will 
 in a province, which leems to owe 
 him particular obligations. But the 
 queftion concerning his admiflion 
 feems to lie after all in the breail of 
 the council only, as being the proper 
 judges of their own privileges, and 
 as having the belt right to determine 
 whom they will admit to be prefent 
 at their deliberations. 
 
 As to what concerns the agency of 
 the province, it is doubtlefs a point 
 that merits attention : but as matters 
 of this nature from other provinces 
 have been heretofore under the con- 
 fideration of the lords of trade, his 
 Majefty has been pleafed to refer the 
 
 whole matter to their lord/hips for 
 their report, before any determination 
 mall be taken thereupon. 
 
 I am to inform you, Sir, that it is 
 his Majefty's determined refolution to 
 extend to you his countenance and 
 protection in every conftitutional mea- 
 fure that (hall be found necefTary for 
 the fupport of his government in the 
 Mafiachufetts-Bay : and it will be 
 your care and your duty to avail your- 
 felf of fuch protection in thofe cafes 
 only, where the honour and dignity 
 of his Majefty's government is really 
 either mediately or immediately con-^ 
 cerneck 
 
 It is unneceffary to obferve that the 
 nature of the Englifh conftitution is 
 fuch as to furnifh no real ground of 
 jealoufy to the colonies, and where 
 there is fo large a foundation of con- 
 fidence, it cannot be, bat that acci- 
 dental jealoufies muft fubfide, and 
 things again return to their proper 
 and national courfe ; the extremes 
 even of legal right, on either fide, 
 though fometimes neceflary, are al- 
 ways inconvenient, and men of real 
 property, who muft be fenfible that 
 their own profpericy is connected with 
 the tranquility of the province, will 
 not long be inactive, fuffer their quiet 
 to be difturbed, and the peace 
 and fafety of the ftate endangered 
 by the indifcretion or refentment of 
 any. 
 
 I am, with great truth and regard, 
 Sir, your moil obedient 
 
 humble fervant, 
 SHELBURNE. 
 
 A Letter to the Right Hen. the Earl 
 of ShelburnCj occafeoned by his Lord- 
 /hip's Letter to his Excellency Go- 
 vernor Bernard, read to the Houfe 
 by the Secret arv, by his Excellency's 
 Order. 
 
 Province of the MaJfachuJ'eit$-Bdy t 
 January 22, 1/68, 
 
 My 
 
PRIOR DOCUMENTS. 
 
 y lord, 
 
 His Excellency Governor Bernard 
 lias been pleafed to give orders to the 
 iecretary of this province to read to 
 the Houfe of Reprefentatives a letter 
 he ha.d received from your Lordfhip, 
 dated Whitehall the iyth of Septem- 
 Iber, 1767; which having done, the 
 iecretary withdrew, without leaving 
 a copy as ufual. 
 
 The Houfe were both grieved and 
 aftonifhed to find your Lordfhip un- 
 der a neceflity of expreffing fuch un- 
 favourable fentiments of the two 
 Houfes of the general affembly, as 
 well as of fome particular members of 
 this Houie, altogether Grangers to you, 
 with regard to the election of counfelr 
 lors in May laft. They obferved, 
 that your Lordfhip's letter had a re- 
 ference to feveral of his Excellency's 
 letters, upon which your fentiments 
 Ieeme4 to be formed : and as his Exr 
 cellency had intimated to the Speaker 
 of the Houfe his defire of having a 
 copy of a certain letter which the 
 Hou-fe had directed to be fent to the 
 Speakers of the feveral Houfes of Af- 
 ferobly in the other colonies, a copy 
 cf which it is prefumed will be laid 
 fcefbre your Lordihip ; the Houfe ap- 
 pointed a committee to wait on his 
 Excellency, and acquaint him, that 
 they -were ready to lay before him the 
 faid letter, and their whole proceed- 
 ings, relating to an important affair 
 then before them, if he fhould defire 
 it. And the fame committee was di- 
 rected humbly to r.equeft his Excel- 
 lency to favour the Houfe with a copy 
 cf your Lordfhip's letter, together with 
 tiis own letters to which it referred. 
 "Whereupon meffages paffed between 
 the Governor and lloufe, wljich the 
 Houfe begs leave to iriclofe to your 
 Lordfhip. . 
 
 As the Hcufe think they have juft 
 grounds of fufpicion, that his Excel- 
 lency's letters to your Lordfhip con- 
 tain, at leaft, an implication of charge 
 
 and accufation againfl them, whid* 
 they are kept in ignorance of, they 
 rely upon your known candour and 
 juftice, that upon this their humble 
 requeft, you will be pleafed to give 
 orders, that copies be laid before the 
 Houfe of Reprefentatives; that they 
 may have the opportunity of vindi- 
 cating themfelves and their confti- 
 tuents, and of happily removing from 
 your mind an opinion of them, ground^ 
 ed, as your Lordfhip might then rea- 
 fonably judge, upon good informa- 
 tion, as having behaved in a manner, 
 unbecoming the character of loyal 
 f ubjects. They hope you will be fa 
 favourable as to fnlpend your farther 
 judgment of them, till they can be 
 made acquainted with the matters 
 that may have been ajledged againft 
 them, and can make their defence. 
 In the mean time they tjeg leave juft 
 to mention to your Lofdfhip, that 
 the elections of the laft May, fofar as 
 this Houfe had a part in them, wer$ 
 made with a freedom and deliberation 
 fuitable to the importance of them ; 
 that they were in fluenced by no mo? 
 tives bat the prpfperity of his Majef- 
 ty's government, and thehappinefs of 
 his fubjeclts : that the non-election of 
 feveral gentlemen of diflinguifhed cha T 
 racier and fcation, was by no means 
 the effect of party prejudice, private 
 refentment, or motives fii!l mor 
 blameable.j but the refult of calm re- 
 flection upon the danger that mighf 
 accrue to our excellent conflitution, 
 and the liberties of the people^ from 
 too great an opinion of the legislative^ 
 executive and judiciary powers of go- 
 vernment^ which, in the opinion of 
 the greatefl writers, ought always t$ 
 be kept feparate : nor was this a new 
 opinion, formed at a certain period ; 
 but it has been the prevailing fenti- 
 ment of many of the moft fenfible and 
 unexceptionable gentlemen in the pro- 
 vince for in any years paft ; upon prin- 
 ciples, which your Lordlhip's thq- 
 
 ' Tough, 
 
PRIOR DO 
 
 tCrtigh knowledge of the confutation, 
 and the juft balance of the feveral 
 powers of government, this Hoafe is 
 affurqd, will juftify. And although 
 his Excellency was pleafed to exercife 
 his undoubted right of negativing 
 fome of the gentlemen elected, the 
 Houfe have had no reafon to alter 
 their opinion of them, as being unex- 
 ceptionable in point of ability, for- 
 tune, and character. They beg par- 
 don for this further trouble given to 
 your Lordmip, which they could not 
 avoid ; being folicitous to fet their 
 conduct in its true point of light be- 
 fore you : and they rely upon your 
 known juftice, that you will intercede 
 with the throne for this province. 
 They are aflured, that your Lordmip 
 will not fuffer a province to be mil- 
 repreiented, even byperfonsofftation 
 here : and if there be any fuch, they 
 flatter themfelves, that their removal 
 will render this people happy in the 
 efleem of the parent country, and 
 much more fo in the fmiles of the belt 
 of Kings. 
 
 Signed by the Speaker. 
 
 Papers relating to a fitppofed libel on the 
 
 Governor of the Province cf the Maf- 
 
 Jachufetts-Bf.y. 
 
 ^fhe following was publijhed in the 
 B oft on Gazette, of February 29. 
 
 Mejfrs. Ea'es and Gill. 
 
 Pleafe to infert the following. 
 
 May it pleale your , We have 
 
 for a long time known your enmity 
 to this province. We have full proof 
 of your cruelty to a loyal people. No 
 age has -perhaps furnimed a more glar- 
 ing inftance of obftinate perfeverance 
 in the path of malice, than is now ex- 
 hibited in your . Could you 
 
 have reaped any advantage from in- 
 juring this people, there would have 
 been fome excufe for the manifold 
 abufes with which you have loaded 
 them. But when a diabolical thirft 
 for mifchief is the alone motive of 
 
 C U M E N T S. 199' 
 
 your conduct, you muft not Won da- if 
 you are tieated with open diflike ; for . 
 it is impoffible, how much foever we 
 endeavour it, to feel any eileem for 
 a man like you Bad as the world 
 may be, there is yet in every breafr, 
 fomething which points out the good 
 man as an object worthy of refpect, 
 and marks the guileful treacherous 
 
 man-hater for dilguft and infamy ; 
 
 Nothing has ever been more in- 
 tolerable than your infolence upon a 
 late occafion, when you had by your 
 judicial insinuations, induced a worthy 
 minifter of ftate, to form a moil un- 
 favourable opinion of the province in 
 general, and fome of the moft re- 
 fpectable inhabitants in particular; 
 you had the effrontery to produce a 
 letter from his Lordmip, as proof of 
 your fuccefs in calumniating us. 
 Surely you mufl fuppofe we have loft 
 all feeling, or you would not dare 
 thus tauntingly to difplay the trophies 
 of your flanders, and upbraidingly, 
 to make us fenfible of the inexpref- 
 fible misfortunes which you have 
 
 brought upon us. But I refrain, 
 
 left a, full representation of the hard- 
 Ihips fufiered by this too long infulted 
 people fhould lead them to an unwar- 
 rantable revenge. We never can treat 
 good and patriotic rulers with too 
 great reverence But it is certain 
 that men totally abandoned to wick- 
 ednefs, can never merit our regard, 
 be their ilations ever fo high. 
 " If/uch men are by God appointed, 
 ' ' 'TheD evil may be the Lord's anointed. ' ' * 
 A TRUE PATRIOT. 
 
 * Thefe two Limes are taken from Rothcfter's 
 Satirc-s. 
 
 Bsfton, March 3, 
 
 %'ucfday laft his Excellency the Governcr 
 was pleafed to fend the following 
 Meffage to the Hon. his Majefty's 
 Council. 
 
 Gentlemen of the Council y 
 I have been ufed to treat the publi- 
 cations in the Bolton Gazette with 
 
 the 
 
PRIOR DOCUMENTS. 
 
 too 
 
 the contempt they deferve, but when 
 they are carried to a length, which, 
 if unnoticed, muft endanger the very 
 being of government, I cannot con- 
 fiftently with the regard to this pro- 
 vince which I profefs and really have, 
 excufe myfelf from taking notice of a 
 publication in the Bofton Gazette of 
 yefterday, beginning at the top of the 
 fecond column of the fecond page of 
 the fupplement. I therefore confult 
 you in council thereupon, and have 
 received your unanimous advice, that 
 I ihould lay the faid libellous paper 
 before the Houfe of Reprefentatives. 
 In purfuance of which advice, I 
 have ordered the Secretary to commu- 
 nicate to you the faid libellous paper, 
 that you may take the fame, together 
 with all the circumflances attending 
 it, into your ferious consideration, 
 and do therein as the Majefty of the 
 King, and the dignity of his govern- 
 ment, the honour of this general 
 court, and the true intereft of this 
 prevince, mall require. 
 Council Chamber, FRA. BERNARD, 
 
 March i, 1768. 
 
 In axfaer to which, there being the 
 full number of the council prefent , ex- 
 cepting three gentlemen, the board 
 unanimoujly 'voted the following ad- 
 drefs to his Excellency. 
 The board have taken into ferious 
 confideration your Excellency's mef- 
 fage of the firft inftant, with theBofton 
 Gazette communicated therewith. 
 
 The article in faid Gazette, refer- 
 red to by your Excellency, gave the 
 board a real concern, not only as it 
 is mifchievous in its tendency, but as 
 it is a falfe, fcandalous, and im- 
 pudent libel upon your Excellency. 
 
 Although tne author of it may en- 
 deavour to fcreen himfelf by the ornif- 
 iion of a name, yet as it refers par- 
 ticularly to a transition fo lately had 
 in the general f.ourt, there is the 
 higheft prefmaption, the intention of 
 it could be no otherwife than to place 
 
 your Excellency in the moft odious 
 light. 
 
 Suchaninfolent and licentious attack 
 on the chief magiftrate (the King's re- 
 prefentative in the province) involves 
 in it an attack on government itfelf ; 
 as it is fubverfive of all order and de- 
 corum , and manifeftly tends to de~ 
 ftroy the fubordination, that is ab- 
 folutely neceflary to good govern- 
 ment, and the well-being of fociety. 
 It would have been flagitious at any 
 time, but being perpetrated while the 
 general court is fitting, and a tranf- 
 action in the court the alledged occa- 
 fion of it, it becomes from thefe and 
 other circumftances, in the higheft 
 degree flagitious ; and may juftly be 
 deemed, not only an infult on the 
 general court ; not only an infult on 
 the King's authority, and the dignity 
 of his government ; but, as it con- 
 cludes with the molt unwarrantable 
 profanenefs, an infult upon the King 
 of Kings. 
 
 The board therefore cannot but 
 look upon the faid libel with the ut- 
 moft abhorence and deteftation : and 
 they are firmly perfuaded the pro- 
 vince in general view it in the 
 fame light : the threats therefore im- 
 plied in the laid libel cannot be the 
 threats of the province, but of the 
 libeller. 
 
 The board take this opportunity 
 with one voice to aflure your Excel- 
 lency, that, to the utmoft of their 
 power, they will always defend and 
 f upport the honour and dignity of the 
 King's governor : and will be ever 
 ready to do, in this affair, as in every 
 other, whatever the majefty of the 
 King, the honour of the general court, 
 and the true intereft of this province, 
 fhall require. 
 His Excellency was pleafed to return 
 
 the following anjwer. 
 Gentlemen, 
 
 I thank you mod heartily for this 
 addrefs, in which you exprefs fo full 
 
 and 
 
PRIOR DO 
 
 and unanimous a fenfe of }O-ir duty 
 to ihe King, and your refolution to 
 fupport his government in this pro- 
 vince. For myfelf, I am fo fortified 
 in a confcioufnefs of my own integri- 
 ty, which has hitherto defied the ut- 
 moft malice to impeach it publickly, 
 that I am not to b,e moved by the im- 
 potent attacks of an anonymous li- 
 beller. I mould not have taken no- 
 tice of the libel in queftion, if I had 
 not apprehended if pregnant with dan- 
 ger to the government. As you are 
 of the fame opinion, I have only to 
 afitjre you, that I will at all times 
 moft readily join with you in all pro- 
 per meafures to maintain the autho- 
 rity of the King, and to promote the 
 welfare of the people, within the 
 province, committed by his Majefty 
 to my charge. 
 Council-Chamber, FRA. BERNARD. 
 
 March 3, 176^. 
 His Excellency fent the like meffage to 
 
 the Houfe of Reprefentati<vs y as the 
 
 preceeding to the Council, mutatis 
 
 mutandis ; to which the Houfe made 
 
 the following caif*wer. 
 In the Houfe of Reprefeatati'-ves, March 
 3, 1768. 
 
 Ordered, That Mr. Hancock, Mr. 
 Otis, Col. Ward, Mr. Spooner, and 
 Capt. Bradford, be a committee to 
 wait on his Excellency the Governor, 
 with the following anfwer to his mef- 
 fage of the i ft initant. 
 
 May it plea fe your Excellency, 
 
 In duty and great refpeft to his 
 Majefty's reprefentative and governor 
 of the province, this houfe have given 
 all due attention to your meffage of 
 the firit inftant. You are pleafed to 
 recommend to their ferious confide- 
 ration, a publication in the Boilon 
 Gazette of Monday laft as " being 
 carried to a length, which if unno- 
 ticed, muft endanger the very being 
 of government." In this view, your 
 Excellency, in the notice you have 
 taken of it, without doubt, acted 
 
 Dd 
 
 C U M E N T S. *> 
 
 " confidently with the regard to this 
 province, which you profefs." 
 
 We are very forry that any publi- 
 cation in the news-paper, or any other 
 caufe, mould give your Excellency an 
 apprehenfion of danger to the being 
 or dignity of his Majefty's govern- 
 ment here. But this houfe, after ex- 
 amination into the nature and impor- 
 tance of the paper referred to, cannot 
 fee reafon to admit of fuch conclulion 
 as your Excellency has formed. No 
 particular perfon public or private is 
 named in it : and as it doth not ap- 
 pear to the houfe, that any thing con- 
 tained in it can affect " the majefty 
 of the King, the dignity of the go- 
 vernment, the honour of the gene al 
 court, or the true intereft of the pro- 
 vince," they think they may be fully 
 juftified in their determination to take 
 no further notice of it.f 
 
 The liberty of the prefs is a great 
 bulwark of the liberty of the people : 
 it is therefore the incumbent duty of 
 thofe who are conftituted the guar- 
 dians of the people's right, to defend 
 and maintain it. This houfe, how- 
 ever, as one branch of the legiflature, 
 in which capacity alone they have 
 any authority, are ready to difcoun- 
 tenance an abufe of this privilege, 
 whenever there mail be occafion for 
 it : mould the proper bounds of it 
 be at any time tranfgrefled, to the 
 prejudice of individuals, or the pub- 
 lic, it is their opinion at prefent, that 
 provilion is already made for the 
 punifhment of offenders in the com- 
 mon courfe of the law. This pro- 
 vifion, the houfe apprehend, in the 
 prefent iiate of tranquility in the pro- 
 vince, is fufficient, without the in- 
 terpofition of the general aflembly; 
 
 which, 
 
 f The divifion upon this queftion was 56 
 to 1 8. It was afterwards given in charge to 
 the Grand Jury to prefent the piece as a libel, 
 They refufed to find the bill. And thus the 
 matier flood when th laft advices came 
 Bofton. 
 
PRIOR DOCUMENTS; 
 
 202 
 
 which, however it is hoped, will at 
 all times be both ready and wilMng to 
 fupport the executive power in the 
 due adminiflration of juftice, when- 
 ever any extraordinary aid fhall be- 
 come needful. 
 
 The divifion in the Houfe upon this 
 mej/age was 39 to 30. 
 
 Eojlon y (Friday) March 4, 1768. 
 *This day his Excellency the Governor 
 prorogued the great and general court 
 unto Wednefday tfa \yh of April 
 next, after making the following 
 fpcech. 
 Gentlemen of the Honfe of Reprefenta- 
 
 ti'ves, 
 
 The moderation and good temper, 
 which appeared to regulate your con- 
 duel: at the opening this fefilon, fo 
 flattered me that I promifed myfelf 
 that the like difpofition would have 
 continued to the end of it. But lam 
 forry to find that the lovers of con- 
 tention, have fliewed themfelves not 
 fo intent upon preventing it, as upon 
 waiting for a fit opportunity to revive 
 it. The extraordinary and indecent 
 observations which have been made 
 upon the Secretary of State's letter^ 
 wrote, as I may fay in the prefence of 
 the Kinghimfelf, will fully juflify this 
 iuggeftion. The caufes of the cen- 
 fure therein contained, have been fpe- 
 cifically afligned and fet forth in the 
 letter itfelf. Thefe caufe3 are fa&s 
 univerfally known, and no where to 
 be denied ; they are confidered in 
 the letter as the fole caufes of the 
 cenfure confequent thereto ; and there 
 was no occafion to refort to my letters, 
 or any other letters, for other reafons 
 for it. If you think that this cenfure 
 is fingular, you deceive yourfelves ; 
 and you are not fo well informed of 
 what paifes at Welrminfter as you 
 ought to be, if you do not know that 
 it is as general and extenfive as the 
 knowledge of the proceeding to which 
 it is applied : and therefore all your 
 
 infinuations againft me, upon falfe 
 fuppofitions of my having mifrepre- 
 fented you, are vain and groundlefs^ 
 when every effect is to be accounted ' 
 for from plain narrative of facts which 
 muft have appeared to the Secretary 
 of State from your own journals. It 
 is not therefore me, gentlemen, that 
 you call to account: it is the noble 
 writer of the letter himfelf, the King's 
 minifter of rtate, who has taken the 
 liberty to find fault with the conduct 
 of a party in your aflembly. 
 
 Nor am I lefs innocent of the mak- 
 ing this letter a fubjecl of public re- 
 fentment, When upon the belt ad- 
 vice, I found myfelf obliged to com- 
 municate it to you, I did it in fueh a 
 manner, that it might not> and would 
 not, if you had been pleafed, have 
 tranfpired out of the general court; 
 Prudent men, moderate men would 
 have confidered it as an admonition 
 rather than a cenfure, and have made 
 ufe of it as a mean's of reconciliation, 
 rather than of further diffraction : 
 but there are men to whofe being (I 
 mean the being of their importance) 
 everlafting contention is neceffary* 
 And by thefe has this letter been 
 dragged into public, and has been 
 the fubject of declamatory obferva^ 
 tions ; which together with large ex- 
 tracts of the letter itfelf, have imme- 
 diately after been carried to the prefs 
 of the publiihers of an infamous 
 news-paper; not withftan ding the let- 
 ter hal been communicated in a con- 
 fidence that no copy of it mould be 
 permitted to be taken. So little have 
 availed the noble Lord's intentions 
 of pointing out the means of reftoring 
 peace and harmony to this govern- 
 ment, and my defire to purfue fuch 
 falutary purpofe to the utmoil of my 
 power. 
 
 Having faid thus much to vindicate 
 myfelf, which every 'honeft man has 
 a right to dc, I muft add, that I have 
 clone nothing on my part to occafiou 
 
 adif. 
 
PRIOR DO 
 
 & difpute between me and your houfe ; 
 it has been forced upon me by parti- 
 cular perfons for their own purpofes. 
 1 never will have any difpute with the 
 reprefentatives of this good people 
 which I can prevent, and will always 
 treat them with due regard, and ren- 
 der them real fervice when it is in 
 my power. Time and experience 
 will foon pull the mafks off thofe falfe 
 patriots, who are facrificing their 
 country to the gratification of their 
 own paflions. In the mean while, I 
 fliall with more firmnefs than ever, 
 if it is poflible, purfue that fteady 
 conduct, which the fervice of the King 
 and the preservation of this govern- 
 ment fo forcibly demand of me. And 
 I mall, above all, endeavour to de- 
 fend this injured country from the 
 imputations which are call upon it, 
 and the evils which threaten it, arifing 
 from the machinations of a few, very 
 few, difcontented men, and by no 
 means to be charged on the generality 
 of the people. 
 
 Gentlemen of the Council, 
 I return you thanks for your ftea- 
 4y, uniform and patriotic conduct 
 during this whole felfion, which has 
 Ihewn you imprefled with a full fenfe 
 of your duty both to your king and 
 to your country. The unanimous 
 example of men of yaajf refpectable 
 characters, cannot fail of having great 
 weight to engage the people in gene- 
 ral, to unite in proper means to put 
 an end to the diflention, which has 
 fo long harrafTed this province in its 
 internal policy, and difgraced it in 
 its reputation abroad. I mall not 
 fail to make a faithful reprefentation 
 to his Majefty of your merit upon this 
 occafion. 
 Council-Chamber, March 4, 1768. 
 
 On the 2 1 ft of June, the members 
 pf the afTembly ofMaflachufetts-bay 
 received the following mefTage from 
 Governor Bernard. 
 
 C U M E N T S. 305 
 
 Gentlemen of the Houfe of Reprafenta- 
 
 I have his Majefty's orders to make 
 a requifition to you, which I commu- 
 nicate in the very words in which I 
 have received it. I muft defire you 
 to take it into immediate confidera- 
 tion, and I aflure you that your refo- 
 lution thereon will have moft impor- 
 tant confluences to the province. I 
 am my {elf merely miniilerial in this 
 bufmefs, having received his Majef- 
 ty 's inftruction for all I have to do in 
 it. I heartily wifh that you may fee 
 how forcible the expediency of your 
 giving this teftimonial of your duty 
 and fubmiflion is at this time. If you 
 Should think otherwife, I muft never- 
 thelefs do my duty. 
 Council-Chamber ', FRA. BERNARD. 
 
 June 21, 1768. 
 The following <zuas the cxtraft of the 
 
 letter from the Earl of Hill/borough, 
 
 referred to in Governor Bernard's 
 
 inejjage, dated Whitehall, April ^^d t 
 
 1768. 
 
 It gives great concern to his Ma- 
 jefty to find that the fame mods- 
 ration which appeared by your letter 
 to have been adopted at the begin- 
 ning of the feflion in a full aiTembly, 
 had not continued, and that, inftead 
 of that fpirit of prudence and refpect 
 tq the conftitution, which feemed at 
 that time to influence the conduct of 
 a large majority of the members, a 
 thin houfe at the end of the feffion 
 fliould have prefumed to revert to, 
 and refolve upon a meafure of fo in- 
 flammatory a nature as that of writing 
 to the other colonies on the fubject of 
 their intended reprefentations againft 
 fome late acts of parliament. 
 
 His Majefty confiders this ftep as 
 evidently tending to create unwar- 
 rantable combinations, to excite an 
 unjuftifiable opposition to the confti- 
 tutional authority of Parliament, and 
 to revive thofe unhappy divifions and 
 diftractions which have operated fo 
 D d 2 
 
204 
 
 PRIOR DOCUMENTS. 
 
 prejudicially to the true interefts of 
 Great Britain and the colonies. 
 
 After what patted in the former 
 part of the feflion, and after the de- 
 clared fenfe of fo large a majority 
 when the houfe was full, his Mijefty 
 cannot but coniider this as a very un- 
 fair proceeding, and the refolutions 
 taken thereupon to b.e contrary to the 
 real fenfe of "the aflembly, and pro- 
 ci-, by fu: prize : and therefore it is 
 the Kmg's pleafure, that fo foon as 
 the general court is again aflembled 
 at the time prefcribed by the charter, 
 you fheuld require of the Houje of Re- 
 prefentatives, in his Majeiiy's name, 
 to refcind the refolution which gave 
 birth to the circular letter from the 
 Speaker, and to declare their difappro- 
 bation of, and diflent to, that rain and 
 hafty proceeding. 
 
 His Majefty has the fulleft reliance 
 upon the arTedion of his good fub- 
 jeds in the MafTachufetts-Bay, and 
 has obferved, with fatisfadion, that 
 fpirit of decency, and love of order, 
 which has difcovered itfelf in the con- 
 dad of the m oft confiderable of its 
 Inhabitants ; and therefore his Ma- 
 jelly has the better ground to hope, 
 that the attempts made by a defperate 
 fadion to difcurb the public tranqui- 
 lity, will be difcountenanced, and 
 that the execution of the jneafure re- 
 commended to you will not meet with 
 any difficulty. 
 Governor of the MaJfacnufetts-Bay. 
 
 (fay S after, the Houfe of 
 fcnt ibis mej/age to Governor Ber- 
 nard. 
 
 May it pie afe your Excellency, 
 The Houfe of Reprefentativcs hum- 
 bly requeft your Excellency to lay be- 
 fore them a copy of his Majefty's in- 
 ftruclipns referred to in your meflage 
 of the zift inftant ; a copy of the let- 
 ter to your Excellency from the Right 
 Hon. the Earl of Hill/borough of 
 April 2.2, 1768; a copy of a letter 
 to his lordfhip, communicated lately 
 
 to the Honourable Board ; and copie^ 
 of letters wrote by your Excellency to 
 his lordfhip, relating to the fubjed of 
 the aforefaid mefTage, 
 
 Jum 23, 1768. 
 The Governor replied to this mejja^e next 
 
 day as follows : 
 
 Gentlemen of the Houfe of Rcprefenta- 
 fives. 
 
 I fhould have communicated the 
 whole of the Earl of Hillfborough's 
 letter relating to the buiinefs which I 
 laid before you on the 2 lil inflant, if I 
 had not been deiirous that your com- 
 pliance with his Majefty's requifition 
 might have its fulleft merit, by its 
 appearing to be entirely dictated by a 
 fenfe of your duty. 
 
 Bnt fince you defire to know what 
 my further orders are, 1 hereby fend 
 you a copy of the other part of the 
 letter relative to this bufinefs, which 
 contains all my inftrudjons thereupon : 
 and as I know you will not exped 
 that I mould difobey the King's pofi- 
 tive commands, I muft defire that if 
 you mould refolve to oblige me to ex- 
 ecute them, you will previoufly to 
 your giving your final anfwer, pre- 
 vent the inconveniencies which muft 
 fall upon the people for want of the 
 annual tax bill, which I underftand 
 is not as ye^fent up to the board ; 
 for if I am cSiged to diflblve the ge- 
 neral court, I fSall not think myfelf 
 at liberty to call another, till I re- 
 ceive his Majefty's commands for 
 that purpofe, whi h will be too late 
 to prevent the treafurer ilTuing hjs 
 warrants for the whole tax granted by 
 the ad of laft year. 
 
 As to the letter of the Earl of Hillf- 
 borough, which I communicated to 
 the council, 1 muft beg leave to JDC 
 the proper judge of the time and 
 occafion of communicating any papers 
 I receive, to the council or the houfe. 
 If I had then thought it expedient to 
 lay it before the houfe, I fhould have 
 then done it ; when I mall think it fo, 
 Imalldoit. As 
 
PRIOR DOC 
 
 As to yonr requeft of copies of my 
 Setters to the Secretary of State, you 
 may afiure yourfelves that I Ihall never 
 pake public my letters to his Majef- 
 ty's minifters, but upon my own mo- 
 tion, and for my own reafons. 
 Council-Chamber, Fa A. BERNARD. 
 
 June 24, 1768. 
 
 Remainder of Lord Hill/lcrougP s letter 
 ' to the Governor of the Maffaebufetfs- 
 
 Bay , dated April 2 2 , 1768. 
 If it mould, and if, notwithftand- 
 ing the apprehenfions which may 
 juitly be entertained of the ill <;onfe- 
 quence of a continuance of this fac- 
 tious fpirit, which feems to have in- 
 fluenced the refblutions of the afTem- 
 bly at the conclufion of the laft feflion, 
 the new aflembly mould refufe tocom- 
 ply with his Majefty's reafonable ex- 
 pectation, it is the King's pleafure 
 that you mould immediately diilblve 
 them, and tranfmit to me, to be laicj 
 before hisMajefty, an account of their 
 proceedings thereupon, to the end that 
 his Majefty may, if he thinks fit, lay 
 t the whole matter before his Parlia- 
 ment, that iuch provjfions as mail be 
 found neceifary may be made, to pre- 
 vent for the future a conduit of fo ex- 
 traordinary and unconiUtutional a na- 
 iure. 
 
 As it is not his Majefty's intention 
 that a faithful difcharge of your duty 
 fliould operate to your own prejudice, 
 or to the difcontinuance of any necef- 
 fary eftablifhments, proper care will 
 fee taken for the fupport of the dignity 
 of government. 
 
 I am, with great truth and regard, 
 Sir, your moll obedient 
 
 humble fervant, 
 HILLSBOROUGH. 
 On the 2%th of June, 1768, the Houfe 
 
 of Repitfentatives received a mejfcige 
 
 from the Governor in thefe words : 
 Gentlemen of the Houfe of Rcprefenta- 
 tives, 
 
 Jt is now a full week fmcc I laid 
 
 U M E N T $. 20$ 
 
 before you his Majefiy's requiiition, 
 fignified by his Secretary of State : I 
 muft therefore defire you to come to 
 a refolution upon it, for I cannot ad- 
 mit of a much longer delay, without 
 confidering it as an anfwer in the ne- 
 gative. 
 Council- Chamber, FRA. BERNARD. 
 
 June 28, 176$. 
 To this meffagc the Houfe returned tbe 
 
 foll'^ving anj\ver the next day : 
 May It ple.afe your Excellency, 
 
 In anfwer to your Excellency's mef- 
 fageofthe z8th inftant, the Houfe 
 of Repreftmtatives requeft, that your 
 Excellency would favour this general 
 court with a receft,, that they may 
 confult their conftituents refpedting 
 the requifition contained in your mef- 
 fage of the 21 ft in ft. in confequence of 
 the Earl of HilHborough's Letter to 
 your Excellency. 
 7 he Governor immediately fent Jy;s reply 
 
 to this rfqueft of the Haufe of Ajfem- 
 
 bly, as foilo-ivs : 
 
 Gentlemen cf the lioufe of Rej>refenta~ 
 fives, 
 
 I cannot confiftently with myfenfe 
 of my duty prorogue or adjourn the 
 general court, until I have received 
 your anfwer to his Majefty's requifi- 
 tion ; I muft therefore repeat my re- 
 queft to you to bring this matter to a 
 conclufion. 
 Council- Chamber, FRA. BERNARD. 
 
 "June 29, 1768. 
 
 The next day, being Thurfday the 
 3<Dth of June, a committee of the 
 Houfe reported a letter to the Right 
 Honourable the Earl of Hillfborough, 
 which was dirtinctly read to the mem- 
 bers feveral times, and afterwards ac- 
 cepted by a majority of ninety-three 
 out of (jne hundred and five. A fair 
 cony was ordered to be directly taken 
 for the Speaker to fign and tranfmit 
 to his lordihip as ibon as pofiible. 
 This letter was in the following 
 words ; 
 
 Pro- 
 
PRIOR DOCUMENTS. 
 
 Pi-wince of the Maffacbufetts-Bay, 
 
 June 30, 1768. 
 My Lord t 
 
 His Excellency the governor of this 
 province has been pleafed to commu- 
 nicate to the Houfe of Reprefenta- 
 tives extracts of a letter he had re- 
 ceived from your lordfhip, dated 
 Whitehall, 22d of April, 17685 
 wherein it is declared to be the royal 
 pleafure, that he IJiould require of 
 them, in his Majefty's name, to re- 
 fcind the refolution, which gaye birth 
 to a circular letter from the Speaker 
 pf the laft Houfe, and to declare their 
 disapprobation of, and diiTent to, that 
 rafri and hafty proceeding. 
 
 The Houfe are humbly of opinion, 
 that a requifition from the throne of 
 tliis nature, to a Britifh Houfe of 
 Commons has been very unufual : 
 perhaps there has been no fuch prece- 
 dent fince fhe revolution. If this be 
 the cafe, fome very aggravated re- 
 prefentations of this meafure muft 
 iiave been made to his Majefty, to 
 induce him to require of this Houfe 
 to refcind a refolution of a former 
 Houfe, upon pain of forfeiting their 
 exigence; for, my Lord, the Houfe 
 of Representatives, duly elected, are 
 conftituted by the royal charter, the 
 reprefentative body of his Majefty's 
 faithful commons of this province in 
 the general afTembly. Your Lord- 
 ihip is pleafed to fay, that his Ma- 
 jefty confiders this ftep " as evidently 
 tending to create unwarrantable com- 
 binations, and to excite an unjuftifi- 
 able oppcfition to the conftitutional 
 authority of Parliament: " the Houfe, 
 therefore, thought it their indifpen- 
 fible duty immediately to revife the let- 
 ter referred to, and carefully to recol- 
 feS, as far as they were able, the 
 feimments which prevailed in that 
 Houfe, to induce them to revert to 
 and refolve on the meafure. 
 
 j[t may be necc-flary to obferve, that 
 the people in this province haye at- 
 
 tended, with a deep concern, to the 
 feveral ads of the Britifh Parliament, 
 which impofe duties and taxes on the 
 colonies ; not for the purpofe of re- 
 gulating the trade, but with the fole 
 intention of raifmg a revenue. This 
 concern, my Lord, fa far from being 
 limited within the circle of a few in r 
 confiderate perfons, is become uni- 
 verfal : the moft refpe&able for for-^ 
 tune, rank, and ftation, as well as 
 probity and underftanding, in the 
 province, with very few exceptions, 
 are alarmed with apprehenfions of the 
 fatal confequences of a power exer- 
 cifed in any one part of the Britifh 
 Empire, to command and apply the 
 property of their fellow-fubjedb at 
 difcretion. This confideration pre- 
 vailed on the laft Houfe of Reprefen- 
 tatives to refolve on an humble, du- 
 tiful, and loyal petition to the King, 
 the common head and father qf all his 
 people, for his gracious interpofition 
 in favour of his fubjefts of this pro- 
 vince. If your Lordfhip, whom his 
 Majefty has honoured with the Ame- 
 rican department, has been inftru-r 
 mental in presenting a petition fo in- 
 terefting to the well-being of his loy- 
 al fubjefts here, this Houfe beg leave, 
 to make their moft grateful acknow- 
 ledgements, and to implore your con- 
 tinued aid and patronage. 
 
 As all his Majefty's North Ame- 
 rican fubjefts are alike affected by 
 thefe Parliamentary revenue afts, the 
 former Jioufe very juftly fuppofed, 
 that each of the afTemblies on the con- 
 tinent would take fuch methods of 
 obtaining redrefs as ihould be thought 
 by them refpeftively to be regular and 
 proper; and being defirous that the 
 feveral applications fhould harmonize 
 with each other, they refolved on 
 their circular letter, wherein their 
 only view feems to be to advertife 
 their fifter colonies of the meafures 
 they had taken upon a common and 
 important concern, without once cal- 
 ling 
 
PRIOR DOCUMENTS. 
 
 20? 
 
 Hng upon them to adopt thofe mea- requefted of his Excellency; is refufed. 
 
 Cures, or any other. There is no evil of this life which 
 
 Your Lordfhip, furetyj will not they fo fenfibly feel as the difpleafure 
 think it a crime in that Houfe, to of their fovereign ; it is a punifhment 
 have taken a ftep which was perfectly which they are afTured his Majefty 
 confiftent with the coaftitution, and would never inflict, but upon a repre- 
 jhad a natural tendency to compofe fentation of the juftice of it from his 
 the minds of his Majefty's fubjects of fervants whom he confides in. Your 
 this and his other colonies, until in his Lordmip will allow the Houfe to ap- 
 royal clemency he mould afford them peal to your own candor upon the 
 relief at a time when it feemed to be hardfhip of their being made to fuffer 
 the evident defign of a party to pre- fo fevere a misfortune, without ever 
 vent calm, deliberate, rational, and being called to anfwer for themfelves, 
 conftitutional meafures from being or even made acquainted with the 
 purfued, or to flop the diftreffes of the matters of charge alledged againft 
 people from reaching his Majefty's them; a right which, by the corn- 
 ear, and confequently to precipitate mon rules of fociety, founded in the 
 them into a ftate of defperatioa and eternal laws of reafon and equity, 
 melancholy extremity. Thus, my they are juftly entitled to. The Houfe 
 Lord, it appears to this Houfe ; and is not willing to trefpafs upon your 
 your Lordmip will impartially judge, patience; they could recite numbers 
 whether a reprefentation of it to his of inftances fince Governor Bernard 
 Majefty as a meafure " of an inflam- has been honoured by his Majejfty to 
 matory nature "as a ftep evidently prefide over this province, of their fuf- 
 tending " to create unwarrantable fering the King's difpleafure through 
 combinations," and "to excite an the inftrumentality of the Governor, 
 unjuftifiable opinion to the conftitu- intimated by the Secretary of State, 
 tional authority of the Parliament," without the leaft previous notice that 
 be not injurious to the representatives they had ever deviated from the path 
 of this people, and an affront to his of their- duty. This they humbly 
 Majefty himfelf. conceive, is juft matter of complaint, 
 
 An attempt, rny Lord, to imprefs and it may ferve to convince your 
 
 the royal mind with a jealoufy of his Lordmip, that his Excellency has not 
 
 faithful fubje&s, for which there are that tender feeling for his Majefty's 
 
 no juft grounds, is a crime of the moft fubjects which is charafteriftic of a 
 malignant nature, as it tends to dif- 
 turb and dcftroy that mutual confi- 
 dence between the .Prince and the 
 fubjects, which is the only true bafis 
 
 good Governor, and of which the 
 fovereign affords an illuftrious ex- 
 ample. 
 
 Jt is the good fortune of the Houfe 
 
 of public happinefs and fecurity: your to be able to fhew that the meafures 
 Lordfhip, upon enqu : ry, may find of the laft Houfe, referred to in your 
 that fuch bale and wicked attempts Lordfhip's letter to the governor, have 
 have been made. been groily mifreprefented in all its 
 
 It is an incxprcffible grief to the circumftances ; and it is matter of 
 people of this province, to find re- aftoniftiment, that a tranfaction of 
 
 / 11' 1 .ITT/- *!/*, 
 
 peated cenfurers calling upon them, 
 not from mi -lifters of ftate alone, but 
 from Majefty 'itfelf, grounded on let- 
 ters and accufations from the gover- 
 
 the Houfe, the bufmefs of which is 
 conftantly done in the open view of 
 the world, could be thus coloured ; a 
 tranfadlion which, by fpecial order of 
 
 nor, a fight of which tho' repeatedly the Houfe, was laid before his Excel- 
 lency, 
 
PRIOR DOCUMENTS. 
 
 lency, \Vhofe duty to his Majefty is, 
 at leaft, not to mirmform him. 
 
 His Excellency could not but ac- 
 knowledge, in juftice to that Houfe, 
 that moderation took placfe in the be- 
 ginning of the feflion. This is a 
 truth, my Lord* It was a principle 
 with the Houfe to conduct the affairs 
 of government in their department fo 
 as to avoid the leaft occafion of of- 
 fence* As an inftance of their pacific 
 difpofuion, they granted a further 
 eftabliihment for one of his Majeity's 
 garrifons in the province, rather to 
 gratify his Excellency, who had re- 
 queiled it, than from a full conviction 
 of its neceflity. But your Lordlhip is 
 informed, that this moderation " did 
 not continue," and that " inftead of 
 a fpirit of prudence and refpect of the 
 conftitution, which feemed at that 
 time to influence the conduct of a 
 large majority of the members, a thin 
 Houfe, at the end of the feflion, pre- 
 fumed to revert to, and refolve on a 
 meafure of an inflammatory nature," 
 "conttrary to the real fenfe of the 
 Houfe/' and " procured by fur- 
 prize." My Lord, the journal and 
 minutes of the Houfe will prove the 
 contrary of all this : and to convince 
 your Lordlhip, the Houfe beg leave 
 to lay before you the feveral refolu- 
 tions relating to thefe matters as they 
 ftand recorded. 
 
 The Houfe having fniimed their 
 petition to the King, and their letters 
 to divers of his Majefty's minjfters ; 
 a motion was regularly made, on the 
 2 1 ft of January, which was the mid- 
 dle of the feffion, and a refolution 
 was then taken, to appoint a time to 
 confider the expediency of writing to 
 the afiernblies of the other colonies on 
 this continent, with refpecl to the 
 importance of their joining with them, 
 in petitioning his Majcfty at this time. 
 Accordingly, on the day affigned, 
 there being eighty-two members pre- 
 fent, a number always allowed to be 
 
 fufficient to make a full Houfe, tlif 
 queftion was debated ; in confequenc* 
 of which a motion took place, that 
 letters be wrote to the feveral affetn- 
 blies of the provinces and colonies on 
 the continent, acquainting them that 
 the Houfe had taken into confi- 
 defation the difficulties to which they 
 are, and muft be reduced, by the 
 operation of the late acts of Parlia- 
 ment, for levying duties and taxes 04 
 the colonies ; and have refolved on an 
 humble, dutiful, and loyal petition to- 
 his Majeily for redrefs, a'nd alfo upon 
 proper representations to his Majeity's 
 minifters on the fubjeft. And to de- 
 iire that they would feverally take 
 fuch conltitutional meafures there- 
 upon, as they ihould judge moil 
 proper. And the queftion upon the 
 motion parted in the negative On 
 Thurfday the 4th of February, it was 
 moved in the Houfe, that the fore- 
 going queftion be reconfidered, fo far 
 as to leave it at large ; and, conform- 
 able to a Handing rule of the Houfe, 
 that no vote or order mall be recon- 
 fidered at any time, unlefs the Houfe 
 be as full as when fuch vote or order 
 was parted ; the number in the Houfe 
 was called for, and it appearing that 
 eighty-two members were prefent*, 
 the queftion was put, and parted in 
 the affirmative by a large majority : 
 and by an immediately fubfequent 
 refolve, the firft vote was ordered to 
 be erafed. The fame day the re- 
 folution which gave birth to the cir- 
 cular letter took place ; a queftion 
 bting regularly moved and fairly de- 
 bated, whether the Houfe would ap-> 
 point a committee to prepare a letter 
 to be fent to each of the Houfes of 
 
 * The fame number as before : it is to be 
 obferved that the Houfe at that time confifted 
 ot about no members : by the toyal charter" 
 40 makes a quorum } hence it appears that 
 82 membtrs are more than double-trie num- 
 ber {efficient legally to tranlacl bufmefs, and 
 were then three quarters of the whole Houle. 
 
 Reprefcntatives 
 
PRIOR DOC 
 
 Reprefentatives and BurgefTes on the 
 continent, to inform them of the 
 measures which this Houfe has taken 
 with regard to the difficulties ariiing 
 From the acls of Parliament for levy- 
 ing duties and taxes on the American 
 colonies, and report to the Houfe, 
 which parted in the affirmative ; and 
 a committee was appointed accord- 
 ingly : This committee, after deli- 
 berating a week, reported the letter, 
 which was read in the Houfe and ac- 
 cepted almoft unanimoufly ; and fair 
 copies of the fame were ordered to be 
 taken for the Speaker to fign and 
 forward as foon as might be : and 
 this day there were eighty-three mem- 
 bers in the Houfe. 
 
 The day following an order pafled, 
 that a fair copy of this letter be tranf- 
 mitted to Dennis De Berdt, Efq; in 
 London. The defign of which was, 
 that he might be able to produce it, 
 as neceffity might require, to prevent 
 any mifreprefentation of its true fpirit 
 and deiign. 
 
 On Saturday the 1 3th of February, 
 in order that no poflibleoccaflon might 
 be taken by the governor, to think 
 that the debates and refoludons were 
 defign ed ro be kept a fecret from his 
 Excellency, the Houfe came into the 
 following refolution, viz. Whereas 
 this Houfe hath direded, that a letter 
 be fent to the feveral Houfes of Re- 
 prefentatives and Burgefles of the 
 Britiih colonies on the continent, fet- 
 ting forth the fentiments of the Houfe, 
 with regard to the great difficulties 
 that muft accrue by the operation of 
 divers ads of Parliament, for levying 
 duties and taxes on the colonies, with 
 the fole and exprefs purpofe of raifing 
 a revenue ; and their proceedings 
 thereon, in an humble, dutiful, and 
 loyal petition to the King, and fuch, 
 reprcfentations to his Majefty's mi- 
 nifters, as they apprehend may have 
 a tendency to obtain rcdrefs : and 
 wherea* it is the opinion of this 
 Houfe, that all effectual methods 
 
 U M E N T S. 209 
 
 fhould be taken, to cultivate an har- 
 mony between the feveral branches of 
 this government, as being neceflary 
 to promote the profperity of his Ma- 
 jefty's government in this province : 
 Refolved, that a committee wait on 
 his Excellency the governor, and ac- 
 quaint him a copy of the letter afore- 
 faid will be laid before him as foon as 
 it can be drafted, as well as of all 
 the proceedings of this Houfe relative 
 to the faid affair, if he mail defire it. 
 And a committee was appointed, who 
 waited on his Excellency accordingly. 
 On Monday following, the Houfe 
 refolved on the eftablifhment already 
 mentioned, which is obferved, only 
 to mew your Lordihip, that there was 
 at this time, no difpofition in the 
 Houfe, " to revive unhappy divifions 
 and diflraftions, fo prejudicial to the 
 true intereft of Great-Britain and the 
 colonies." 
 
 The Houfe beg leave to apologize 
 to your Lordmip for the trouble given 
 you in fo particular a narration of 
 fafts ; which they thought neceflary 
 to fatisfy your Lordmip ; that the 
 refolution of the laft Houfe referred to 
 by your Lordihip, was not an unfair 
 proceeding, procured by furprize in a 
 thin Houfe, as his Majefty has been 
 informed ; but the declared fenfe of a 
 large majority, when the Houfe was 
 full : that the governor of the pro- 
 vince was made fully acquainted with 
 the meafure ; and never fignified his 
 difapprobation of it to the Houfe, 
 which it is prefumed he would have 
 done, in duty to his Majefty, if he 
 had thought it was of evil tendency : 
 and, that therefore, that Houfe had 
 abundant reafon to be confirmed in 
 their own opinion of the meafure, as 
 being the production of moderation 
 and prudence. And the Houfe 
 humbly rely on the royal clemency, 
 that to petition his Majefty, will not 
 be deemed by him to be inconfifter.t 
 with a refpeft to the Britiih confti- 
 tution as fettled at the revolution by 
 E e William 
 
PRIOR DOCUMENTS. 
 
 210 
 
 William the Third : that to acquaint 
 their fellow- fubjecis, involved in the 
 lame diftrefs, of their having fo done, 
 in full hopes of fuccefs, even if they 
 had invited the union of all America 
 in one joint fupplication, would not 
 be difcountenanced by our gracious 
 fovereign, as a meafure of an inflam- 
 matory nature : that when your Lord- 
 Ihip mall in juftice lay a true ftate of 
 thefe matters before his Majefty, he 
 will no longer confider them as 'tend- 
 ing to create unwarrantable com- 
 binations, or excite an unjuftifiable 
 oppofition to the constitutional au- 
 thority of the Parliament : that he 
 will then clearly difcern, who are of 
 that defperate faction, which is con- 
 tinually difturbing the public tran- 
 quilly ; and, that while his arm is 
 extended, for the protection of his 
 diftreffed and injured fubjects, he will 
 frown upon all thofe, who, to gratify 
 their own paffions, have dared even 
 to attempt to deceive him ! 
 
 The Houfe of Reprefentatives of 
 this province, have more than once, 
 during the adminiftration of Governor 
 Bernard, been under the neceifity of 
 intreating his Majefty 's minifters to 
 fufpend their further judgment, upon 
 fuch-reprefentations of the temper of 
 the people, and the conduct of the 
 ailembly, as they were able to make 
 appear to be injurious : the fame in- 
 dulgence this Houfe now beg of your 
 Lordfhip : and befeech your Lord- 
 ihip to patronize them fo far as to 
 make a favourable re prefen ration of 
 their conduct to the King our fove- 
 reign : it being the higheft ambition 
 of this Houfe, and the people whom 
 they reprefent, to Hand before his 
 Majefty in their juft character of af- 
 fectionate and loyal fubjects. 
 
 Signed by the Speaker. 
 
 Then it was moved that the qucf- 
 tion be put, whether tne Houfe will 
 refcind the reiblution of the laft 
 Houfe, which gave birth to their cir- 
 cular letter to the feveral Houfes of 
 
 Reprefentatives and Burgefles of the 
 other colonies on the continent? and 
 parTed in the negative by a divifion of 
 ninety-two tofeventeen. 
 
 Hereupon the committee reported 
 an anfwei to the Governor's mefTages 
 of the 2 lit and 24th of June, which 
 was accepted by a large majority, and 
 is as follows. 
 A Me/age from the JJfimbly to the 
 
 Governor, June 30, 1768. 
 May it pleafeyour Excellency, 
 
 The Houfe cf Reprefentatives of 
 this his Majefty's ancient and loyal 
 province of the MafTachufetts Bay, 
 have, with the greateft deliberation, 
 confidered your merTages of the 21 ft 
 and 24th inftant, with the feveral 
 extrads from the letter of the Right 
 Honourable the Earl of Hilliborough, 
 his Majefty's principal Secretary of 
 State for North American affairs, 
 dated the 22d of April laft, which 
 your Excellency has thought fit to 
 communicate. We have alio received 
 the written anfwer which your Excel- 
 lency was pleafed to give the com- 
 mittee of this Houfe, directed to wait 
 on you the 29th inftant with a mef- 
 fage humbly requeiting a recefs, that 
 the members might be favoured with 
 an opportunity to confult their con- 
 ftituents at this important crifis, when 
 a direct and peremptoty rcquiiition is 
 made of a new and ftrange con- 
 ftructure, and fo ftrenuouiiy urged, 
 viz. That we fhould immediately re- 
 fcind the refoiution of the laft Houfe 
 to tranfmit circular lerters to the other 
 Britiih colonies on the continent of 
 North America, barely intimating a 
 defire that they would join in fimilar 
 dutiful and loyal petitions to oor moft 
 gracious fovereign, for the redrefs of 
 the grievances, occanoned by fundry 
 late ads of Parliament calculated for 
 the ible purpofe of railing a revenue 
 in America. We have moft dili- 
 gently revifed not only the faid re- 
 folucion, but alfo the circular letter 
 written and fent in confequence 
 
 thereof, 
 
PRIOR DOCUMENTS. 
 
 thereof, and after all, they both ap- 
 pear to us, to be conceived in terms 
 not only prudent and moderate in 
 themfejves, but refpectfiil to the au- 
 thority of that truly auguft body the 
 Parliament of Great-Britain, and very 
 dutiful and loyal in regard to his 
 Majefty's facred perfon, crown, and 
 dignity ; of all which we entertain 
 fentiments of the higheft reverence 
 and moft ardent affection ; and mould 
 we ever depart from thefe fentiments, 
 we mud ft and felf-condemned, as un- 
 worthy the name of Britifh fubjects 
 defcended from Britifh anceftors, in- 
 timately allied and connected in in- 
 terefts and inclination with our fellow 
 fubjects the Commons of Great- 
 Britain. We cannot but exprefs our 
 deep concern, that a meafure of the 
 lateHoufe, in allrefpects fo innocent, 
 in moft fo virtuous and laudable, and 
 as we conceive fo truly patriotic, 
 fhould have been repreiented to admi- 
 niftration in the odious light of a 
 party and factious meafure, and that 
 pumed through by reverting in a thin 
 Houfe to, and re-confidering, what 
 in a full affembly had been rejected. 
 It was and is a matter of notoriety, 
 that more than eighty members were 
 prefent at the reconfideration of that 
 vote againft application to the other 
 colonies. The vote of re-confi- 
 deration was obtained by a large ma- 
 jority ; it is, or ought to be well 
 known, that the pretence of eighty 
 members makes a full Houfe, this 
 number being juft double to that by 
 the royal charter of the province re- 
 quired to conilitute the third branch 
 of our colony legiflature. 
 
 Your Excellency miqht have been 
 very eafily informed, if you was not; 
 that the mcafures of the late Houfe 
 in regard to fundry ads of the late 
 Parliament for the fole purpofe of 
 raifing a North American revenue, 
 were generally carried by three to dm ; 
 and \e dare appeal to your Excel- 
 lency for the truth of this aflertion, 
 namely, that there were many jper- 
 
 zii 
 
 fons in the majority, in all views, as 
 refpeclable as the very beft of the 
 minority. Nay, fo far from any 
 fmifter views, were the committee of 
 the late Houfe, appointed and directed 
 to take into their moft ferious con- 
 fideration the then prefent ftate of the 
 province, from going into any ram or 
 precipitate meaiures, that they for 
 fome days actually delayed their firlt 
 report, which was a letter to Mr. 
 agent De Berdt, on this candid and 
 generous principle, that thofe who 
 were rea'onabi}* prefuppofed to be 
 moft warmly attached to all your Ex- 
 cellency's meaiures, efpecially thofe 
 for furthering, and by all means en- 
 forcing the acts for levying a North 
 American revenue, might be prefent, 
 and a more equal conteft enfue. It 
 would be incredible mould any one 
 aflert, that your Excellency wanted a' 
 true information of all thefe things, 
 which were not done, or defired to be 
 hid in a corner, but were notorioufly 
 tranfacted in the open light at noon- 
 day. It is to us altogether incompre- 
 henlible that we mould be required, on 
 the peril of a diifolution of the great 
 and general court or afTembly of this 
 province, to refcind a refolution of a 
 former Houfe of Reprefentatives, 
 when it is evident that refolution has 
 no exiftence but as a mere hiftorical 
 fad. 
 
 Your Excellency muft know that 
 the refolution referred to, is, to fpeak 
 in the language of the common law, 
 not now, " executory," but to all 
 intents and purpofes, " executed.'-' 
 The circular letters have been fent, 
 and many of them have been an- 
 iwered * thefe anfwers are now in the 
 public papers ; the public, the world, 
 muft and will judge of the proposals, 
 purpofes, and the anfwers. We 
 could as well refcind thofe letters as 
 the refolves, and both would be 
 equally fruitlefs ; if by refunding, ; s 
 the word properly imports, is meant 
 a repeal and nullifying of the re- 
 folution referred to : but., if, as is 
 E e 2 moft 
 
212 P R I O R D Q 
 
 moil probable, by the word refunding 
 is intended the pafling a vote ot thia 
 Houfe in direct and exprefs difappro- 
 bation of the meafures abovemen- 
 tioned as " illegal, inflammatory, 
 and tending to promote unjuftifiable 
 combinations" againft his Majefty's 
 peace, crown, and dignity, we muft 
 take the liberty to teilify, and pub- 
 lickly to declare, that we take it to 
 be the native, inherent, and inde- 
 feafible right of the fubject, jointly or 
 feverally to petition the King for the 
 redrefs of grievances: provided al- 
 ways, that the fame be done in a 
 decent, dutiful, loyal, and confti- 
 turional way, without tumult, dif- 
 order, or confufion. We are alfo 
 humbly, but clearly and very firmly 
 of opinion, that the petition of the 
 late dutiful and toyal Houfe to his 
 Majefty, and their other very orderly 
 applications for the redrefs of grie- 
 vances, have had the moft defirable 
 tendencies and effects to keep mens 
 minds in eafe and quiet. We muft 
 be excufed in thinking that the peo- 
 ple were in truth patiently waiting 
 for the meeting of the new Parlia- 
 ment, their meafures, and his Ma- 
 jelly's pleafure : and it is probable 
 that they would every where have 
 thus waited for the great event, had 
 it not been revealed here that the late 
 provincial applications for redrefs of 
 grievances were fome-how ftrangely 
 obftructed, and the province, in con- 
 fequence of mi fin formation and mifre- 
 prefentation, moft unfortunately fallen 
 under the royal difplealure : and to 
 compleat this misfortune, it was not 
 only difguifed to the other colonies, 
 but fome of them actually received 
 the information before it was made 
 known here, that the houfe had been 
 accufed to his Majefty, or his mi- 
 niftry, or fallen under the difpleafure 
 of the one, or the cenfure of the 
 other. 
 
 On the whole, Sir, we will con- 
 
 C U M E N T S. 
 fider his moil facred Majefty, under 
 God, as our King, and beft protected 
 and common Father : and mall ever 
 bear him true and faithful allegiance. 
 We alfo regard your Excellency as 
 the reprefentative of the greateft po- 
 tentate on earth, and at all times 
 have, fo far as could confifl with the 
 important purpofes of preferving life, 
 liberty, and property, been moft rea- 
 dy and willing to treat you with all 
 that refpect juftly due to your high 
 rank and ftation. But we are con?- 
 drained to fay, that we are difagree- 
 ably convinced that your Excellency 
 entertains not that parental regard for 
 the welfare of the good people of this 
 province, which you have fome times 
 been pleafed to profefs, and which 
 they have at all times an irrefragable 
 right to expect from their governor. 
 Your Excellency has thought fit not 
 only to deny us a recefs to confult our 
 conftituents, in regard to the prefent 
 requifition, but has allured us, in ef- 
 fect, that you mail take filence, at 
 leaft a delay, not as ufual for a con- 
 fent, but for a denial. You have 
 alfo thought fit to inform us that you 
 cannot think yourfelf at liberty, in 
 cafe of the diflblution of this, to call 
 another a/Iembly, without the exprefs 
 orders of his Majefty for that purpofe : 
 at the fame time your Excellency has 
 been pleafed to affure us that you have 
 communicated the whole of Lord 
 Hilliborough's letter, and yourinftruc- 
 tions, fo far as relates to the requifi- 
 tion. In all this, however, we can- 
 not find that your Excellency is more 
 than directed to diflblve the prefent 
 affembly, in cafe of a non-compliance 
 on the part of the Houfe. If the 
 votes of the Houfe are to be controul- 
 ed by the direction of a Minifter, we 
 have left us but a vain femblance of 
 liberty. We know it to be the juft 
 prerogative of the Crown, at plea- 
 fure, to diflblve a Parliament: we 
 are alfo fenfible, that confiftently with 
 
 the 
 
the 
 
 PRIOR DOCUMEN 
 
 great charter of this province, 
 
 your Excellency when you fliall think 
 t, with or without the intervention 
 of the minifter, can difTolve the great 
 and general court of this colony, and 
 that without the leaft obligation to 
 convene another within the year. 
 But mould it ever grow in ufe for any 
 ill-difpofed governor of the province, 
 by means of a miftaken or willfully 
 wrong ftate of facts, to procure orders 
 for a diffolution, that fame charter 
 will be of no value. 
 
 We take this opportunity faithfully 
 and firmly to reprefent to your Excel- 
 lency, that the new revenue ac"ls and 
 meafures are not only difagreeable to, 
 but in every view are deemed an in- 
 fupportable burthen and grievance, 
 with a very few exceptions, by all 
 the freeholders and other inhabitants 
 of this jurifdiftion ; and we beg leave, 
 once for all, to affure your Excel- 
 lency, that thofe of this opinion are 
 of no "party or expiring faction." 
 They have at all times been ready to 
 devote their lives and fortunes to his 
 Majefty's fervjce. Of loyalty this 
 majority could as reafonably boaft as 
 any who may happen to enjoy your 
 Excellency's fmiles : their reputation, 
 rank, and fortune, are at leaft equal 
 to thofe who may have be^en fome- 
 times coniidered as the only friends to 
 good government, while fomeofthe 
 bell blood of the colony, even in two 
 Houfes of Aflembly lawfully con- 
 vened, and duly acting, have been 
 openly charged with the unpardon- 
 able crime of oppugnation againft the 
 royal authority. We have now only 
 to inform your Excellency, that this 
 Houfe have voted not to refcind, as 
 required, the refolution of the laft 
 Houfe, and that, on a divifton on 
 the queilion, there were 92 Nays and 
 17 Teas. In all this we have been 
 situated by a confcientious, and final- 
 ly, a clear and determined fenfe cf 
 duty to God, to our King, our cqun- 
 
 T S. 213 
 
 try, and to our lateft pofterity : and 
 we moil ardently wim, and numbly 
 pray, that in your future conduct 
 your Excellency may be influenced 
 by the fame principles. 
 
 His Excellency after having receiv- 
 ed the laft foregoing meflage from the 
 Houfe, directed their attendance in 
 the Council-Chamber; when, after 
 giving his aflent to feveral bills, he 
 was plcafed to prorogue the great 
 and general court, to Wednefday the 
 third day of Auguft next ; but the 
 next day the afTembly was dijolved by 
 proclamation. 
 
 The following letters from fiver al Houfes 
 of Reprefentatives of the of her Colo- 
 nies, were received by the Houfe of 
 Reprefentatives of the Province of 
 Maffachufetts-JBay, in answer to their 
 circular le ter of the nth of Febrii- 
 ary laft. 
 
 To the Honourable the Speaker of the 
 Honourable Hcufe of Reprefentatives 
 of the Province oftht MaJJTachufetts- 
 Bay. 
 
 Virginia, May 9, 1768. 
 SIR, 
 
 The Houfe of BurgefTes of this co- 
 lony proceeded very foon after they 
 met to the consideration of your im- 
 portant letter of the i ith of February, 
 1768, written in the name and by the 
 order of the Houfe of Reprefentatives 
 of your province ; and I have received 
 their particular direction to defire you 
 to inform that honourable Houfe, that 
 they applaud them for their attention 
 to American liberty, and that the fteps 
 they have taken thereon, will convince 
 them of their opinion of the fatal ten- 
 dency of the ads of parliament com- 
 plained of, and of their fixed refolution 
 to concur with the other colonies in 
 their application for redrefs. 
 
 After the moft deliberate confult- 
 ation, thev thought it their duty to re- 
 prefent to the Parliament of Great- 
 Britain, that they are truly fenfible 
 
 of 
 
2H 
 
 P R I O R 
 
 O C U M E N T S. 
 
 of the happinefs and fecurity they de- 
 rive from their connexions with, and 
 dependance on Great Britain, and 
 are under the greateft concern that 
 any unlucky incident Ihould interrupt 
 that falutary harmony, which they 
 \viih ever to fubfift. They lament 
 that the remotenefs-of their fituation 
 often expofes them to fuch mifrepre- 
 fentations, as are apt to involve them 
 in cenfures of diiloyalty to their fove- 
 reign, and the want of a proper re- 
 fpeft to the Britifh Parliament, where- 
 as they have indulged themfelves in 
 the agreeable perfuafion, that they 
 ought to be confidered as inferior to 
 jione of their fellow-fubjects in loyalty 
 and afteclion. 
 
 That they do not affect an inde- 
 pendency of their parent kingdom, 
 the profperity of which they are bound 
 to the utmoft of their abilities to pro- 
 mote, but cheerfully acquielce in the 
 authority of parliament to make laws 
 for preferving a necefiary dependance 
 and for regulating the trade of the 
 colonies. Yet they cannot conceive, 
 and humbly infift, it is not eiTential 
 to'fuppoit a proper relation between 
 a mother-country and colonies tranf- 
 p! anted from her, that me mould 
 have, a rijyht to raife rrionpy from tlu:m 
 without their confent, and prefume 
 they do not afpire to mere than the 
 natural rights of Britifli iubj-*c>, 
 when ti."Y afi^rt that no power on 
 
 e:-irtti 
 
 jmpofe tax^s on 
 
 th'3 peopi'% or t?ke the fhialleft por- 
 tbri of ciuir property, without their 
 confent, given r/y their representa- 
 tives in parliament. This has ever 
 been co-niidercd as the chief pillar of 
 the conftitutio'n ; without this fup- 
 port no man can be faid to have the 
 leaft fhadov of liberty, fince they can 
 have no property in that, which ano- 
 tp.er can by rig he take from them 
 when he pieafes, without their con- 
 fent. 
 
 That their anceftors brought over 
 with them intire, and tranfmitted to 
 their defendants, the natural and 
 conilitutional rights they had enjoyed 
 in their native country ; and the firil 
 principles of the Britifh conftitution 
 were early engrafted into the con flu 
 tution of the colonies. Hence a le- 
 giflative authority, ever efiential in 
 all free Hates, was derive^!, and af- 
 finiilated as nearly as might be to 
 that in England ; the executive pow- 
 er and the right of a fieri ting or dif- 
 fenting to all laws referveci to the 
 crown, and the privilege of choofing 
 their own reprefentatives continued 
 to the people, and confirmed to them 
 by repeated and exprefs ftipulations, 
 The government thus eftabliftied, 
 they enjoyed the fruits of their own 
 labour with a ferenity which liberty 
 only can impart. Upon preffingoc- 
 cafions they applied to his Majefly 
 for relief, and gratefViiy.acknowledge 
 they have frequently received it from 
 their mother-fCOuntry : whenever their 
 aiTiilance v as nece(Fary, requifitions 
 have conllantly been made from the 
 crovfn to the reprefentatives of the 
 people, who have compiled witfy 
 them to the utmoft extent of their 
 abilities. The ample provifion made 
 for the fupport of civil government, 
 "n the reign of King Charles the fe- 
 cond, and at his requeft, and the 
 large fuppHes voted during the lait 
 \var upon requiiitions from his Ma- 
 jefty and his royal grandfather, afford 
 early, and late inftances of the difpo- 
 fitions of the afTemblies of ;his co- 
 lony, and are fufficient proofs that 
 the parliament of Great Britain did 
 not till lately, affume a power of im- 
 pofmg taxes on the people, for the 
 purpofe of raifing a revenue. 
 
 To fay that the Commons of Great 
 Britain have a right to impofe inter- 
 nal taxes on the inhabitants of this 
 continent, who are not apd cannot 
 
PPvIOR DOCUMENTS. 
 
 be reprefented, is in effeft to bid 
 them prepare for a flate of flavery. 
 What muft be their fituation, mould 
 fuch a right be eftablifhed ? The co- 
 loni.-s have no conftitutional check 
 on their liberality in giving away their 
 money, cannot have an opportunity 
 of explaining their grievances, or of 
 pointing out the eafieft method of 
 taxation, for their doom will gene- 
 rally be determined before they are 
 acquainted that the fubjecl: has been 
 agitated in parliament, and the com- 
 mons bear no proportion of the taxes 
 they lay upon them. The notion of 
 a virtual reprefentation, which would 
 render all our rights merely ideal, 
 has been fo often and fb clearly re- 
 futed, that, nothing need be faid on 
 that head. 
 
 The oppreilive ftamp-al confeffed- 
 ly impoied internal taxes, and the 
 late acls of Parliament, giving and 
 granting certain duties in the Britifh 
 colonies, plainly' tend to the fame 
 point. Duties have been impofed to 
 reitrain the commerce of one part of 
 the empire that was likely to prove 
 injurious to anozlier ? and by this 
 means the welfare of the whole pro- 
 moted ; but duties impofed on fuch of 
 the Britifh exports as are nrcofTaries of 
 life, to be paid by the colonifts on 
 importation, without any view to the 
 interefts" of commerce, but merely to 
 raife a revenue, or in other words to 
 compel the cclonijls to part with their 
 money again ft thrir inclinations, they 
 conceive to be tax internal to all 
 intents and purpofes. And can it he 
 thought- juli or reafonable, reitricled 
 as they are in their trade, confined as 
 they rre in their exports, obliged to 
 purdiaib thefe very neceflaries at the 
 Britim Market, that they fhould now 
 be told they fhall not have them 
 without paying a duty for them ? 
 
 The act fulpending the legislative 
 power of New- York, they conlider as 
 itill more alarming to the colonies, 
 
 though it has that fingle province in 
 view. If the Parliament can compel 
 them to furnifii a fingle article to the 
 troops fent over, they may, by the 
 fame rule, oblige them to furnifh 
 cloaths, arms, and every other ne- 
 ceflary, even the pay of the officers 
 and foldiers a docirine replete with 
 every mifchief, and utterly fubverfive 
 of all that's dear and valuable : for 
 what advantage can the people of the 
 colonies derive from their right of 
 choofmg their own reprefentatives, if 
 thofe reprefentatives when chofen, 
 not permitted to exercife their own 
 judgments, were under a neceifity 
 (on pain of being deprived of their 
 legiflative authority) of in forcing the 
 mandates of a Britifh Parliament. 
 
 This, Sir, is a iketch of their fen- 
 timents, as they are expreffed in a 
 petition to his Majefty, a Memorial 
 to the Right Honourable the Lords 
 Spiritual and Temporal, and in a 
 Remonftrance to the Knights, Citi- 
 zens and Bur^efTes of Great Britain in 
 Parliament affembled. In all their 
 proceedings the council of this colony 
 have concurred, and have directed 
 their agent, James Abercromby, Efq; 
 to join Edward Montague, Efq; the 
 agent for this colony, in applying for 
 redrefs of the grievances they fo juftly 
 cqmplain of. Copies were delivered 
 to the President of the Council, now 
 Commander in Chief, who is defired 
 to tranfmit them to the Secretary of 
 State appointed by his Majefty to ma- 
 nage the affairs of North America, 
 and Mr. Montague is enjoined to 
 confult'the agents of Jie other co- 
 lonies, and to co-operate with them 
 in every measure that fhall be thought 
 necefTary to be taken on this critical 
 point. 
 
 tmft they have expreflbd 
 themfeives with a finrmefs that be- 
 comes freemen pleading for e/Tential 
 rights, and with a decency that will 
 take off every imputation of faftion 
 
 or 
 
2l6 
 
 PRIOR DOCUMENTS. 
 
 or difloyalty. They repofe entire 
 confidence in his Majefty, who is ever 
 attentive to the complaints of his fub- 
 jefts, and is ever ready to relieve their 
 diftrefs ; and they are not without 
 hopes that the colonies united in a 
 decent and regular oppofition, may 
 prevail on a new Houfe of Commons 
 to put a flop to meafures fo directly 
 repugnant to the interefls both of the 
 mother country, and her colonies. 
 In the name and by order of the Houfe 
 ofBurgefles, lam', with the greatefl 
 refpecl, your moil obedient humble 
 fervant, 
 
 PEYTON RANDOLPH, Speaker. 
 
 Colony of New Jerfey, May o, 1768. 
 S I R, 
 
 As foon as the Houfe of Reprefen- 
 tatives of this colony met, which was 
 on the 1 2th of April, I laid your 
 letter of the i ith of February before 
 them. 
 
 Senfible that the law you complain 
 of, is a fubjecl in which every colony 
 is intereiled, the Houfe of Repre- 
 fentatives readily perceived the necef 
 fity of an immediate application to 
 the King, and that it fhould corre- 
 fpond with thofe of the other colonies ; 
 but as they have not had an oppor- 
 tunity of knowing the fentiments of 
 any other colonies but that of the 
 MafTachufetts-Bay, they have endea- 
 voured to conform themfelves to the 
 mode adopted by you. 
 
 They have therefore given inftruc- 
 tions to their agent, and enjoined his 
 attention to the fubject of their pe- 
 tition . 
 
 The freedom with which the Houfe 
 of Reprefentatives of the Maffachu- 
 fetts-Bay have communicated their 
 fentiments upon a matter of fo great 
 concern to all the colonies, hath been 
 received by this Koufe, with that 
 candor, the fpirit and defign of your 
 letter merits. And at the fame time, 
 that they acknowledge themfelves ob- 
 
 liged to you for communicating your 
 fentiments to them, they have di- 
 rected me t j allure you, that they arc 
 deiirous to keep up a correfpondence 
 with you, and to unite with the colo- 
 nies, if neceiTary, in further fuppli- 
 cations to his Majefty to relieve his 
 diftreffed American fubjects. In the 
 name and by order of the Houfe of 
 Reprefentatives, I am, Sir, your moil 
 obedient humble fervant, 
 
 CORTLAND SKINNER, Speaker. 
 
 Colony of Connecticut y \ ith June, 1768. 
 
 S I R, 
 
 By order of the Houfe of Repre- 
 fentatives of this colony, I am to ac- 
 knowledge the receipt of your letter 
 of the i ith February laft, commu- 
 nicating the fenfe which the repre- 
 fcntative body of your province have 
 of the great difficulties to which they 
 and their conftituents mult be fub- 
 jected by the operation of the feveral 
 acts of the Britifh Parliament by you 
 referred to, and the meafures they 
 have gone into for obtaining redrefs 
 of thofe grievances. 
 
 Your letter was laid before this 
 Houfe of Reprefentatives early in the 
 feffion which is now jwft clofed. 
 They confider the faid acts of parlia- 
 ment in their nature, tendency, and 
 operation as matters of ferious con- 
 cern, and of very interefting impor- 
 tance, to this and all the Englifli 
 American colonies, and are of opinioa 
 that no coniHtutional meafures pro- 
 per for obtaining relief ought to be 
 neglected by any, and that it is of 
 importance their meafures for that 
 end mould harmonize with each other, 
 as their fuccefs may in a great degree 
 depend on their union in fentiment 
 and practice, on this critical and in- 
 terelling occafion. 
 
 The Houfe therefore very kindly 
 accepted your letter, and are per- 
 fuaded from the importance of the 
 caufe, the laudable zeal, and the gene- 
 rous 
 
PRIOR DO 
 
 irons- exertions of the province of the 
 Maffachufetts-Bay, from time to time, 
 in favour of her conflitutional free- 
 dom, that it proceeded only from a 
 hearty concern for the juijt rights, the 
 common intereft and welfare of thefe 
 Colonies. 
 
 This Honfe are defirous ever to 
 cultivate the ftriaeft friencimip and 
 harmony with the neighbouring co- 
 lonies, and with none more than 
 your's, and will be always ready to 
 receive, with the utmolt candor, their 
 opinion in any matters of general 
 concern, and equally willing on all 
 proper occafions to communicate their 
 own fentiment on any iubjecls of 
 our common welfare, in full confi- 
 dence they would meet with the fame 
 friendly and candid acceptance. 
 
 This Houfe have alfo taken into 
 their ferious confideration the opera- 
 tion of the faid a&s of parliament, 
 and are deeply fenfible that this, in 
 common with her fifter colonies, muil 
 thereby be involved in great difficul- 
 ties, which are perhaps a prelude to 
 ftill greater, and have purfued mea- 
 fures for obtaining redrefs, fimilar to 
 thofe adopted by the Route of Repre- 
 fentatives of your province. 
 
 We cannot but entertain with you, the 
 ftrongeft confidence in the King's roy- 
 al clemency, juitice, and goodneis, 
 that the united, dutiful Applications 
 of his faithful, diftreffed iubjedts in 
 America, will meet with a kind and 
 gracious acceptance. 
 
 In the name and by order of the 
 Houfe of Reprcfentatives, I am, Sir, 
 with great eiteem and refpect, your 
 molt obedient humble fervant, 
 
 ZEBULON WEST, Speaker. 
 70 tbe Honourable the Speaker of tbt 
 Houfe of Reprefentatives in the Pro- 
 vince of tbe MaJ]~achuje:ts-Bay. 
 
 Province of Georgia, i$tbjune> 1768. 
 
 S IK, 
 Your refpe&ed favour of the nth 
 
 C U M E N T S. 217 
 
 February came to my hand only a few 
 days fmce. I am forry it is not in, 
 my power to give you fo full and fa- 
 tisfadory an anfwer thereto, as the 
 importance of the fubjeft requires : 
 the members of the prefent aflcmbly 
 of this province have but lately been 
 eledted, and though the writs were re- 
 turnable, and the Houfe required to 
 meet the firft of this month, yet our 
 Governor thought proper, prior there- 
 to, to prorogue the affembly until 
 November ; for this reafon, Sir, I can 
 only for the prefent, reply to your 
 favour as a private perfon, or late 
 Speaker, and inform you, that before 
 the diilolution of the laft affembly, 
 the Houfe tobk under confideratioa 
 the feveral late acts of parliament for 
 impofmg taxes and duties on the 
 American colonies, and being fenfibly 
 affeded thereby, ordered the com- 
 mittee of correfpondence to inftrul 
 our provincial agent, (Mr. Benjamin 
 Franklin) to join earneltly with the 
 other colonies agents in foiliciting a 
 repeal of thofe a&s, and in remon- 
 flrating againft any ads of the like 
 nature for the future : this initruclion 
 hath been tranfmitted to Mr. Frank- 
 lin, and I have no doubt but he will 
 punctually obferve it. When the 
 affembly meet I will lay your favour 
 before the Houfe ; and I am affured 
 fuch meafures will be purfued in con- 
 fequence thereof as will manifeft their 
 regard for conltitutional liberty, and 
 their relpcdt for the Houfe of Repre- 
 fentatives of the province of Maffa- 
 chufetts-Bay, whole wife anti fpirited 
 conuudt is fo jult.y admired. 
 
 I am Sir, with the utmoft reipeft, 
 Your moft obedient fervant, 
 
 ALEXANDER WYLLY. 
 The Speaker of the H^uje of Reprcfcn- 
 tatives (f &L.Jja.'buj^!s-Bay uijo re- 
 dived ifae fQU&wing letter from the 
 Speaker of itie Hcujt oj Keprefenta- 
 tives cf the i j n,-vin.e of Mary land* 
 relating tc tbe circular letter^ 
 F f Pro* 
 
218 
 
 PRIOR DOCUMENTS: 
 
 Province cf Maryland, June 2^th, 
 
 1768. 
 S I R, 
 
 I had the honour to receive your 
 favour of the nth of February laft, 
 and on a meeting of cur affembly I 
 communicated it to our Houfe, and 
 I am delired to affure you they ac- 
 knowledge themfdves obliged by a 
 candid and free communication of 
 ientiments of a fifter colony on a 
 point fo interefting to the whole ; and 
 that their opinion of the conferences 
 to the colonies of the operation of 
 the feveral adts of parliament you al- 
 lude to, coincide exaclly with yours, 
 and that they are perfuaded of the 
 neceffity of harmonizing as much as 
 poilible in proper meafurcs for re- 
 drefs. 
 
 This Houfe, upon confidering the 
 afts of parliament, prepared an hum- 
 ble, dutiful, and loyal petition to his 
 Majefty, fetting forth, That it is a 
 fixed and unalterable principle in the 
 nature of things, and a part of the 
 very idea of property, that whatever 
 a man hath honeftly acquired cannot 
 be taken from him without his con- 
 fen t'; that this immutable principle is 
 ingrafted as a fundamental into the 
 Englifn constitution, and is declared 
 by Magna Charta, and the petition 
 and bill of rights, and from thence 
 every Britifh Subject, the moil diilant, 
 is juftly intitled to all the rights of 
 Englishmen ; that this right is further 
 declared and confirmed by our char- 
 ter; under the confidence whereof 
 our forefathers encountered ever diffi- 
 culty, to fettle this colony, which un- 
 der providence has mcreaied his Ma- 
 jeSly's fubje&s, extended the trade, 
 and added to the wealth of the mo- 
 ther country : that we have always 
 been permitted to enjoy this right 
 until lately ; that we are not, nor can 
 we ever be efFc&ually reprefented in 
 the Britiih parliament ; and that iheie 
 fittfuiea do, in our apprthenfion, in- 
 
 fringe the great fundamental princi- 
 ple, that no man can be taxed but with 
 his own confent given by himfelf or 
 his Reprefentative. This, Sir, is the 
 fubltance of our petition, and I am 
 ordered to tranfmit it to Charles 
 Garth, Efq; fpecial agent for our 
 Houfe of Delegates, to be prefented, 
 and we mall requeft him to co-operate 
 with yours and the other colony 
 agents in endeavouring to procure us 
 relief, and hope with you his Majef- 
 ty's great goodnefs of heart will in- 
 cline him to receive the dutiful fup- 
 p-lications of his remote fubje&s witk 
 favour and attention. 
 
 Juil before the clofe of our feffion 
 we received a meffage from our Go* 
 vernor, a copy of which you have 
 herewith ; and alfo a copy of the.ad* 
 drefs by our Houfe in anfwer thereto, 
 which fully convey to you their fend- 
 ments on the -fubjedl. 
 
 I am, in the name and by order of 
 the Houfe of Reprefentatives, Sir, 
 with very great refpecT:, your moft 
 humble and obedient fervant, 
 
 ROBERT LLOYD, Speaker* 
 the Honourable Thomas Cujhing, 
 
 Efq\ Speaker of the Honourable 
 
 Huufe of Reprejentati'ues cfMaf- 
 
 fachujctts-Bay . 
 
 Copy of the mrffage from, Governor 
 Sharps to the Houfe cf Reprefenta* 
 fives of the Province cf Maryland. 
 
 Gentlemen of the Lower Houfe of djj'em.' 
 
 b h- " 
 
 ' I he King our moil gracious fove- 
 reign having been informed that a 
 circular letter, a copy of which hath 
 been communicated to his minifters, 
 was in February lail lent by the 
 Speaker of the Houfe of Reprefenta- 
 tives of the colony of Malfachufetts 
 to the Speakers of other Houfes of 
 Affembly in North America, hath 
 been pleafed to order it to be Signi- 
 fied to me, that he confitkrs inch 
 meafure to be of a moil dangerous 
 
 and 
 
PRIOR DOCUMENTS. 
 
 and factious tendency, calculated to 
 inflame the minds of his good fub- 
 jects in the colonies, to promote an 
 unwarrantable combination, to excite 
 and encourage an open oppofition to 
 and denial of the authority of Parlia- 
 ment, and to fubvert the true princi- 
 ples of the conftitution ; but while I 
 notify to you his Majefty's ientiments 
 with refpecl to this matter, I am alfo 
 to tell you that the repeated proofs 
 which have been given by the aiicm- 
 bly of this province of their reverence 
 and refpecl for the laws, and of their 
 faithful attachment to the conftitu- 
 tion, leave little room for his Majefty 
 to doubt of their mewing a proper 
 refentment of fuch unjuftinable at- 
 tempt to revive thofe detractions which 
 iiave operated fo fatally to the preju- 
 dice of both the colonies and the mo- 
 ther-country, and I flatter myfelf 
 that in cafe fuch a letter has been 
 addrefled to the Speaker of your 
 Houfe, you will confirm the favour- 
 able opinion his Majefty at preient 
 entertains of his Maryland fubjects, 
 by taking no notice of fuch letter, 
 which will be treating it with the 
 contempt it deferves. 
 
 HORATIO SHARPE. 
 2Oth June, 1768. 
 
 Copy of the Addrefs of the Houfe of De- 
 legates to Governor Sharpe, occajion- 
 ed by the above Mejjfage. 
 To his Excellency Horatio 'Sharpe, Efq ; 
 Governor and Commander in Chief in 
 and over the Province of Maryland. 
 
 May it pleafe your Excellency, 
 In anl'wer to your Excellency's mef- 
 fage of the 2Oth we mult obkrve, 
 that if the letter from the Speaker of 
 the Houie of Representatives of the 
 colony of Maffachufctts-Bay, addref- 
 led to and communicated by our 
 Speaker to this Houfe, be the fame 
 with the letter, a copy of which you 
 are pleaiedtointimate, hath been com- 
 municated to the King's miniiiers, it 
 is very alarming to find that at a time 
 when the people of America think 
 
 themfelves aggrieved by the late a&8 
 of Parliament impoiing taxes on them, 
 for the fole and exprefs purpofe of 
 raifing a revenue, and in the moft; 
 dutiful manner are feeking redrefa 
 from the Throne, any endeavours to 
 unite in laying before their fovereign 
 what is apprenended tp be their juft 
 complaint, fhould be looked upon 
 as a meafme of rnolt uangcrous and 
 factious tendency, calculated to in- 
 flame the minus of his Majefty 7 * 
 good fubjedls, in the colonies, to 
 promote an unwarrantable combina- 
 tion, to excite and encourage an 
 open oppofition to, and denial of 
 the authority of Parliament, and 
 to fubvert the true principles of 
 the conftitution.* We cannot but 
 view this as an attempt in fome of his 
 Majefcy's minifters to fupprefs all 
 communication of fentiments between 
 the colonies, and to prevent the uni- 
 ted fupplications of America from 
 reaching the royal ear. We hope the 
 conduct of this Houfe will ever evince 
 their reverence and refpecl: for the laws 
 and faithful attachment to the confti- 
 tution j but we cannot bs brought to 
 refent an exertion of the molt un- 
 doubted conftitutional right of petiti- 
 oning the throne, or any endeavours 
 to procure and preferve an union of 
 the colonies as an unjuftifiable at- 
 tempt to revive thole detractions 
 which it is faid have operated fo fa- 
 tally to the prejudice of both the co- 
 lonies and the mother country. We 
 have the warmeft and moft aiTedlio- 
 nate attachment to our moft gracious 
 fovereign, and mail ever pay the rea- 
 dieft and moft refpeclful regard to the 
 juil and conftitudonal power of the 
 Britifh Parliament; but we fhali not 
 be intimidated by a few founding ex- 
 preffions from doing what we think 
 is right. The Houfe of Reprefenta- 
 lives of the colony of MailUchuietts- 
 Bay in their letter to us, have inti- 
 mated that they have preferred an 
 humble, dutiful and lo.val petition to 
 F f 2 th 
 
PRIOR DOCUMENTS. 
 
 220 
 
 the King, and exprefTed their confi- 
 dence that the united and dutiful fup- 
 plications of his diilrefled American 
 fubjefts will meet with his royal and 
 favourable acceptance ; and we think 
 they have afferted their rights with a 
 decent reipecl to their fovereign, and 
 a due fubrmffion to the authority of 
 Parliament. What we mail do upon 
 this occafion, or whether in confe- 
 quence of that letter we mall do any 
 thing, it is not our preient bufinefs to 
 communicate to your Excellency : 
 but of this be p leafed to be allured, 
 that we cannot be prevailed on to 
 take no notice of, or to treat with the 
 leaft degree of contempt, a letter fo 
 expreffive of duty and loyalty to the 
 fovereign, and fo replete with juft 
 principles of liberty ; and your Ex- 
 cellency may depend that whenever 
 ye apprehend the rights of the peo- 
 ple to be affeded, we lhall not fail 
 ooldly to affert and fteadily endeavour 
 to maintain and fupport then\, al- 
 ways remembering, what we could wiih 
 never to be forgot, that by the Bill 
 of Rights it is declared, * that it is 
 
 * the right of the fubjecl to petition 
 
 * the King, and all commitments and 
 c profecutions for fuch petitioning are 
 
 * illegal/ By order of the Lower 
 Houle of AfTembly, 
 
 ROBERT LLOYD, Speaker, * 
 "June 23d, 1768. 
 
 *2"he following is a Copy of a Letter com- 
 municated to the Houje of AJJembly of 
 the Colony of Rhode- Ijland, en Satur- 
 day the 1 8th of June, by the Gover- 
 nor of that Colony. 
 
 Whitehall, Apr till, 1768. 
 Gentlemen, 
 
 I have his Majeity's commands to 
 iranfmit to you the inclofed copy of a 
 
 * The anfwer of Governor Sharpe to this 
 addrefs, imported his difappointment in the 
 cfFeft of his maiiage j and his having inftruc- 
 tions to put an end to the leffion (whether to 
 (iifTulve or prorogue it, he did not lay) if the 
 Houle proceeded to aay meaiwres in favour of 
 
 srfy. 
 
 tetter from the Speaker of the Houfe 
 of Representatives of the colony of 
 the MaiTachufetts-Bay, addrefled by 
 order of that Houfe to the Speaker of 
 the affembly of each colony upon the 
 continent of North- America; as his 
 Majefly confiders this meafure to be 
 of a moll: dangerous and factious ten- 
 dency, calculated to enflame the 
 minds of his good fubje&s in the co- 
 lonies ; to promote an unwarrantable 
 combination, and to excite and en- 
 courage an open oppofition to and de- 
 nial of the authority of Parliament,, 
 and to fubvert the true principles of 
 the conftitution. It is his Majefty's 
 pleafure that you mould, immediately 
 upon the receipt hereof, exert your 
 utmoft influence to defeat this flagiti- 
 ous attempt to difturb the public 
 peace, by prevailing upon the aiTem- 
 biy of your province to take no no- 
 tice of it, which will be treating it 
 with the contempt it defer ves. 
 
 The repeated proofs 'which have 
 been given by the afTembly of Rhode. 
 Ifland of their reverence and refpecl 
 for the laws, and of their faithful at- 
 tachments to the conftitution, leave 
 little room in his Majefty's breaft to 
 doubt of their mewing a proper re- 
 fentment of this unjulHfiable attempt 
 to revive thofe diftradlions which have 
 operated fo fatally to the prejudice of 
 this kingdom and the colonies: and 
 accordingly his Majefty has the fulleft 
 confidence in their affeftion, and ex- 
 pefts they will give him the itrongefi 
 proofs of them on this and every 
 other occafion. 
 
 I am, with great truth and regard, 
 Gentlemen, your molt obedient hum- 
 ble fervent, 
 
 HILLSBOROUGH. 
 
 In the Prw'dence Gazette, July 9, 
 was published the following Letter to 
 the Printer from Roger Martyn, Efq ; 
 Jf the defign of the Earl of Hillibo- 
 
 rough's letter, of the 3 1 ft of Apirl 
 
PRIOR 
 
 O C U M E N 
 
 laft, to the colony of Rhode Ifland, 
 was to detach and divert them from 
 uniting with the continent, in all 
 legal endeavours, for a removal of 
 
 general grievances, he hath miffed of 
 is aim. This colony is but the more 
 confirmed of the neceffity of a general 
 union, when the oppreffion is com- 
 mon. This I think I may lay. after 
 having heard no one, even during 
 the Seifion of Aflembly in which that 
 letter was read, expreis the le'ail cen- 
 iure of the colony of the Maffachu- 
 fetts Bay, for writing the circular let- 
 ter complained of; but, on the con- 
 trary, that proceeding is univerially 
 approved of. If it be the privilege 
 of every fubjecl to petition to the 
 King, it is undoubtedly the right of 
 a whole country to unite in a fuppli- 
 cation for redrefs of grievances, which 
 equally affect them all. This colony' 
 have adopted the meafures recom- 
 mended to them by their brethren of 
 the Maflachufetts-Bay, and a com- 
 mittee hath been appointed to pre- 
 pare a draft of a petition on the iub. 
 ject recommendeu, who will foon re- 
 port to the Affembly, notwithfiand- 
 jng the Earl's letter ; and there can- 
 not be the leaft doubt, but that fuch 
 petition will be forwarded as foon as 
 may be," as at the time when his fur- 
 prizing letter was received, the aiTem- 
 bly were addreffed by the Speaker of 
 the Houfe of Burgefles in Virginia, 
 on the fubjecl: contained in the cir- 
 cular letter from Boiton, wherein the 
 fentiments of that ancient and re- 
 fpectable government appear to coin- 
 cide with thofe of the MaiTachuiTetts- 
 Bay, to which addrefs the Houfe di- 
 rected their Speaker to fend an an- 
 fwer, and iignify their full appro- 
 bation of the ientiments therein con- 
 tained, and to allure him, that mea- 
 fures iimiiar to thole taken in that 
 dominion mould be puriued. And I 
 am authorized to fay, that an anfwer 
 rom our Hsmfe of Commons, in this 
 
 T S. 22$ 
 
 colony, to the letter from Bofton, 
 would haVe been fent, and mad 
 public, had it not been for the inter- 
 vention of fome fpecial bufinefs, 
 which engrofled the attention of the 
 Houfe fo much, during their feffioa 
 of only three or four days continu- 
 ance, that they omitted to give any 
 particular direction to their Speaker 
 in that behalf, many of the Houf* 
 ftippofmg he would have written an 
 anhver ex ojfitio, as the Houfe had 
 entered into the meafures recom- 
 mended. 
 
 UpOn a re-examination of the cir- 
 cular letter from the MalTacliufetts- 
 Bay (with all due fubmiffion to the 
 fagacity of his Lordlhip) nobody 
 amongll us can difcover any dange- 
 rous or factious tendency therein, or 
 conceive it to be calculated to inflame 
 the minds of the King's fubjects in 
 the colonies, or to promote any un- 
 warrantable combinations, or to fub- 
 vert any principles of the conftitudon : 
 we rather think it a meafure of the 
 higheil expediency that the princi- 
 ples therein held forth are right, and 
 in which all the colonies on the con- 
 tinent are unanimous in fentiment. 
 A receilion of one jot from the prin- 
 ciples contained in that letter, would 
 be dangerous to the general fafety : 
 and from the reception it hath met 
 with, we hope that the colony of the 
 Maffachuietts-Bay will have the for- 
 titude to endure all extremities, ra- 
 ther than refcind any refolutions that 
 gave birth to it. 
 
 One would think, that a joint fup- 
 plication would meet with a more 
 gracious reception than feparate and 
 different prayers. In public and joint 
 worfhip ot the fupreme being a Ipe- 
 cial promife of biefiing is annexed^ 
 Is it not very ftrange, then, that 'the 
 minifter mould attempt to make u* 
 believe, that the recOiiiin^ii..;u on 
 from the principal government to the 
 fcveraj legislatures in this remote part 
 
 of 
 
PRIOR DOCUMENTS. 
 
 of the world, to join in befceching our 
 gracious fovereign to confider and re- 
 move our griefs, is dangerous or fac- 
 tious ? He might as well perfuade us, 
 that in a time of peftilence or famine, 
 an united fupplication to heaven to re- 
 move the calamity was an unwarran^ 
 table combination, 
 
 Unlefs the colonies are for tamely 
 yielding up every valuable privilege, 
 the minifter ought to be plainly told, that 
 let his fingle opinion be what it may, 
 they fo far underftand their own liber- 
 ties, that they will at all times, when 
 they fee fit, confer together, and cor- 
 refpond about their joint concern- 
 ments, without afking his leave, and 
 that they have a lawful right fo to do. 
 
 If oar petitions are prevented from 
 reaching the royal ear if the moil 
 <iutiful {applications are called un- 
 warrantable combinations and, in 
 ne, if legiflation in this country is 
 fufpended, becaufe we decently de- 
 clare our rights, and pray for a con* 
 tinuance ot them, of what ufe are 
 agents at the court of Great Britain ? 
 li I might advife in this matter, I 
 would propofe a general revocation of 
 their powers, and a difcontinuance of 
 any further commerce or buiinefs with 
 the inhabitants of a country, who, 
 being only fellow- fubjets, would ty- 
 rannize over us. 
 
 Colony of Rhude-Ifland, Roger Mariyn. 
 July 5, 1768. 
 
 A Memorial in behalf of the Inhabi- 
 tants ofBofton. 
 
 Sbewetb, 
 
 That they bear the fame fentiments 
 of loyalty and duty towards our graci- 
 ous King; and the fame reverence 
 for the great council of the nation, 
 the Britifh Parliament, as ever ; and 
 therefore are not willing tfieir con- 
 duct mould appear in an odious light 
 to the miniftry. The principal oc- 
 eaficn of the late tumults aroie from 
 the haughty conduct of the commiiij- 
 and other officers appointed by 
 
 them. The Romney man of war, 
 having moored before the town, in- 
 timidated the coaiHng veilels bringing 
 provifions, firewood, &c. committed 
 many acts of violence and outrage ; 
 and in particular, by cutting away a 
 veflel from Mr. Hancock's Wharf, de- 
 taining her feveral days, without any- 
 legal procefs being filed againil her^ 
 &c. This irritated the people ; who 
 patrolled the tfreets in a tumultuous 
 manner, broke feveral windows to 
 the value of about 5!. fterling, burnt 
 a pleafure boat belonging to the col- 
 lector, and then difperfed at about 
 i j o'clock at might. All which will 
 more fully appear by twelve affida- 
 vits, of different perfons, who were 
 eye witnenes of the proceedings, here- 
 unto annexed. Three days after 
 this, the commiffioners made a volun- 
 tary abdication of their office, and 
 went on board the Romney man of 
 war. And from all the affidavits it 
 does appear, that the caufe of fucli 
 tumult was entirely from the impu- 
 dent and violent proceedings of the , 
 officers, particularly from the mailer 
 of the Romney, who frequently or- 
 dered the marines to fire, and abuied 
 every body who advifed a cooler con- 
 duel. 
 
 'The above Memorial was presented ft 
 Adminiftration with the twelve Affi- 
 davits, (immediately upon hearing 
 the Reports which were jo prejudicial 
 to the Town) by tennis De Berdt^ 
 Efq ; Agent for the AJJembly. 
 
 SIR, Bofton,Jufy 13, 1768. 
 It is very furprifing to people here, 
 that the circular letter, transmitted 
 from this government to the other col<v 
 nies, could be reprefented and conii- 
 dered by the ministry in fo odious a light 
 as it appears it has been, by the iate 
 letter from the Earl of Hilllborpugh. 
 It is amazing, that a meafure fo in- 
 nocent, fo prudent, and that had fucli 
 a tendency to quiet the minds of the 
 people, 4ould be fo rnifconttrued. 
 Kowever> 
 
PRIOR DOCUMENTS. 2:3 
 
 However, it feems the letter from to theni> God grant that the union 
 
 between the mother country and the 
 colonies may not be interrupted ; and 
 that thofe at the helm may be endow- 
 peded: inftead of preventing the co- 
 lonies from uniting in their apphca- 
 
 the Earl of Hilliborough, refpeftmg 
 this affair, has had quite a different 
 errect from what was defigned and ex- 
 
 tions to the throne for relief it has 
 ferved- to make them more lolicitous 
 than ever of an union in fentiment 
 and meaiures. This you will perceive, 
 upon perufing the inclofed news pa- 
 per, where you will find what has 
 been done by the Houfe of Delegates 
 at Maryland. The colony of Rhode 
 Ifland has immediately upon the re- 
 ception of the letter abovementioned, 
 prepared an addrefs to his Majefty, 
 which will foon be forwarded. Many 
 of the other colonies have alfo for- 
 warded their petitions and reprefen- 
 tations. The people through the 
 continent are greatly alarmed, and 
 will never be eafy till the late acts are 
 
 ed with all that vvifdom which may 
 be needful to diredl at fuch a critica-1 
 day 1 I doubt not your good wiflies 
 for America. 
 
 Your moft humble Servant, 
 
 T. GUSHING. 
 To Dennis De Bcrdt, Ef ; 
 
 An Addrefs read at a numerous meeting 
 of the Merchants in Philadelphia, on 
 the 2$tk of April, 1768. 
 
 (Written by Mr. Dickenfon, author of 
 the Farmer's Letters.} 
 
 Gentlemen, Friends, and Fellow Citi- 
 
 3&XJ, 
 
 You are called together to give your 
 advice and opinion, what anfwer mall 
 be returned to our brethren of BoiloA 
 and New- York, who defire to know 
 
 repealed, and things return to their whether we will unite with them, in 
 
 old courfe. The merchants find they 
 cannot vend your manufactures, the 
 
 flopping the importation of goods 
 from Great Britain, until certaia 
 
 country people are fo difguiled, and a&sof Parliament are repealed, which 
 
 are determined not to continue their 
 importations of Englifh goods. We 
 have now in the harbour five or fix 
 yeffels of war, and are threatened 
 with troops. If they fhould be fent 
 here to enforce ac\s of Parliament, 
 God only knows what will be the 
 event. This we are lure of, that be 
 the numuer of the troops ever fo 
 great, tney cannot force us cither to 
 import, buy, or coni'ume Englifh 
 goods. The mercantile interelt on 
 your fide of the water is, and will be, 
 great:; jy theie' meafures It 
 
 behoves them to beltir themielves up- 
 on this occaiion, if they defign to pre- 
 fer ve ".heir irade. It is the opinion 
 of men of difcernment and good judg- 
 ment, that the people through the 
 continent are much more alarmed at 
 the late ads, than they were at the 
 
 are thought to" be injurious to our 
 rights, as freemen and Britim fub- 
 jeccs. 
 
 Before you come to any refolution, 
 it may be neceilarjr to explain the 
 matter more fully. 
 
 When our forefathers came into 
 this country, they confidered them- 
 feives as freemen, and that their 
 coming and fettling thefe colonies 
 did not dived them of any of the 
 rights inherent in freemen ; that, 
 therefore, what they pofieffed, and 
 what they or their poiterity mould ac- 
 quire, was and would be fo much 
 their own, that no power on earth 
 could lawfully, or of right, deprive 
 them of it without their confent. 
 The governments, which they, with 
 the confent of the crown, eitabiilhed 
 in the reipe&ive colonies, they con- 
 
 flamp ad; and it would be vaftly fidered as political governments, 
 difficult _to reconcile the people where (as Mr. Locke expreaes it) 
 
 men 
 
PRIOR BOG 
 
 men have property in their own dif- 
 pofal." And therefore (according to 
 the conclufion drawn by the fame 
 author in another place) <e No taxes 
 ought or could be raifed on their pro- 
 perty without their confent given by 
 themfelves or their deputies," or cho- 
 ien reprefentatives. 
 
 As they were members of one great 
 empire, united under one head or 
 crown, they tacitly acquiefced in the 
 fuperintendrng authority of the Par- 
 liament of Great Britain, and ad- 
 mitted a power in it, to make regu- 
 lations to preferve the connection of 
 the whole entire. Though under 
 colour of this, fundry regulations 
 were made that bore hard on the co- 
 lonies ; yet, with filial reflect and 
 regard for Great Britain their mother 
 country, the colonies fubmitted to 
 them. 
 
 It will be fufficient here juft to 
 enumerate fome of the molt grie- 
 
 TOUS. 
 
 1. The law againft making fteel, or 
 erecting fteel, furnaces, though there 
 are not above five or fix perlcns in 
 Englanu engaged in that branch of 
 buiiaeis, who are fo far fiom being 
 able to iupply what is wanted, that 
 great quantities of fteel are yearly im- 
 ported irom Germany. 
 
 2. Againil plating and flitting mills 
 and tilt hammers ; though iron is the' 
 produce of our country, and from our 
 manner or building, planting, and 
 living, we are under a neceflity of 
 ufmg vail quantities of nails and 
 plated iron, as hoes, llove-pipes, 
 plates, &c. all which are loaded with 
 double freight, ,c cm millions, &c. 
 
 3. The reltraint laid on hatters, 
 and the prohibition of exporting hats. 
 
 4. The prohibition of carrying 
 wool or any kind of woollen goods 
 manufactured here, from one cclony 
 to another. A lingle fleece of wool 
 or a dozen of home-made hole car- 
 lied from one colony to another is 
 
 U M E N T S. 
 not only forfeited, but fubje&s the 
 vefTel, if conveyed by water, or the 
 waggon and hoi fes, if carried by land, 
 to a feizure, and the owner to a heavy 
 fine. 
 
 5. Though the Spaniards may cut 
 and carry logwood directly to what 
 market they pieafe, yet the Americans 
 cannot fend to any foreign market, 
 even what the demand in England 
 cannot take off, without firfl carry- 
 ing it to fome Britiih port, and there 
 landing and re-fhipping it at a great 
 expence and lois of time. 
 
 6. Obliging us to carry Portugal 
 and Spanilh wines, fruit, &c. to Eng- 
 land, there to unload, pay a heavy 
 duty and re-mip it, thus fubje&ing 
 us to a great expence, and our veflels 
 to an unneceiiary voyage of IOOQ 
 miles in a dangerous lea. 
 
 7. Impoiing a duty on Madeira 
 wines, which, if re-frappcd to Eng- 
 land, are lubjected to the payment of 
 the full duties there without any draw-i 
 back for what was paid- here. 
 
 8. The emptying taeir jcdls upon . 
 us, and making the colonies a recept- 
 acle for their rogues and villains; au 
 iniult and indignity not to be thought 
 of, much lefb borne without indigna- 
 tion and reientment. 
 
 Not to mention the reilridtions at- 
 tempted in the fiihenes, tne dutietf 
 laid on foreign fugar, moialTes, &c. 
 I will julfc mention the neceiiity they 
 have laid us under of fupplying our- 
 felves wholly from Great-Britain with 
 European and Eait-india goods at an 
 advance of 20, and as to fome arti- 
 cles, even of 40 per cent, higher than 
 we might be iupplied with them from 
 other places. 
 
 But as if all thefe were not enough, 
 a party has lately ariien in England, 
 who, under colour of fuperintendiag 
 authority of parliament, are labour- 
 ing to erect a new fovereignty over 
 the colonies, with power inconiiftent 
 with liberty or freedom. 
 
PRIOR DOCUMENTS. 225- 
 
 The firft exertion of this power was ately fufpended by another ad of par- 
 difplayed in the odious Stamp-Ad, liament. 
 As the authors and promoters of this 
 ad were fenfible of the oppofition it 
 
 That the repeal of the Stamp-aft 
 rni^ht not invalidate the claims of 
 
 in ufl neceflarily meet with, from men, fovereignty now fet up, aij ad was 
 
 who had the leaft fpark of liberty re- pafTed, afferting the power of Parlia- 
 
 maining, they accompanied it with a ment to bind us with their laws in 
 
 bill ftill more odious, wherein they every refped whatever. And to af- 
 
 attempted to empower officers to quar- certain the extent of this power, in 
 
 ter foldiers on private houfes, with a the very next feffion they proceeded 
 
 view no doubt, to dragoon us into a to a dired taxation ; and in the very 
 
 words in which they difpofe of their 
 
 compliance with the former ad. 
 
 By the interpofition of the Ameri- 
 can agents, and of the London mer- 
 chants who traded to the colonies, 
 this claufe was dropt, but the ad was 
 carried, wherein the aflemblies of the 
 refpedive colonies were ordered, at 
 the expence of the feveral provinces, 
 to furniih the troops with a number 
 of articles, fome of them never al- 
 lowed in Britain. Befides, a power 
 is therein granted to every officer, 
 upon obtaining a warrant from any 
 juftice, (which warrant the Jutfice is 
 
 own property, they gave and granted 
 that of the colonifts, impofing duties 
 on paper, glafs, &c. imported into 
 America, to be paid by the colonifts 
 for the purpofe of raifmg a revenue. 
 
 This revenue, when raifed, they 
 ordered to be difpofed of in fuch a 
 manner as to render our afTemblies or 
 legiflative bodies altogether ufelefs, 
 and to make Governors and Judges, 
 who hold their commiffions during 
 pleafure, and the whole executive 
 powers of government, nay, the de- 
 
 i> - - - * \ - ~ j j, j * 
 
 thereby empowered and ordered to fence of the country, independent of 
 
 the people, as has been fully explaind 
 in the Farmer's Letters. 
 
 Thus with a confiftency of conduct 
 having diverted us of property, they 
 are proceeding to ered over us a def- 
 
 grant, without any previous oath) to 
 break into any houie by day or by 
 night, under pretence (thefe are the 
 words of the ad) of fearching for 
 deferters. 
 
 By the fpirited oppofition of the co- potic government, and to rule us as 
 Ionics, the firft ad was repealed : but flaves. For " a defpotical power, 
 the latter continued, which, in its fpi- 
 rit, differs nothing from the other. 
 For thereby the liberty of the colo- 
 nies is invaded, and their property dif- 
 pofed of without their con fen t, no lefs 
 than by the Stamp-Ad. It was ra- 
 
 ther the more dangerous of the two, 
 as the appearance of the conflitution 
 was preferved while the fpirit of it 
 was deftroyed, and thus a tyranny in- 
 
 fays Mr. Locke, is over fuch as have 
 no property at all." If, indeed, to 
 be fubjed in our lives and property 
 to the arbitrary will of others, whom 
 we have never chofen, nor ever en^ 
 trufted with fuch power, be not fla- 
 very, I wim any, perfon would tell me 
 what flavery is. 
 
 Such then being the ftate of the 
 cafe, you are now, my fellow-citi- 
 
 troduced under the forms of liberty, zens, to deliberate, not, whether you 
 The affemblies were not at liberty to will tamely fubmit to this fyftem of 
 
 be 
 
 refufe their affent, but were to 
 forced to a literal compliance with 
 the ad. Thus, becaufe the affembly 
 
 government. That I am fure yoar 
 love of freedom and regard for your- 
 felves and your posterity v/ill never 
 
 of New- York hefitated to comply, fuffer you to think of But by v.hat 
 their legiflative power was immedLU means you may defend your rights 
 
 and 
 
226 
 
 PRIOR DOCUMENTS. 
 
 and liberties, and obtain a repeal of 
 thefe afts. 
 
 In England, when the prerogative 
 has been ftrained too high, or the 
 people oppreffed by the executive 
 power, the Parliament who are the 
 guardians and protestors of the peo- 
 ple's liberties, always petition for re- 
 drefs of grievances, and enforce their 
 petitions, by with -holding fupplies 
 until they are granted. 
 
 Our afTembly, I am told, has ap- 
 plied for relief from thefe acts of par- 
 liament. But having nothing left to 
 give, they could not enforce their 
 application, by with-holding any 
 thing. 
 
 It is, however, in our power, in a 
 peaceable and conftitutional way, to 
 add weight to the remonftrance and 
 petition of our reprefentatives, by 
 flopping the importation of goods 
 from Britain, until we obtain relief 
 and redrefs by a repeal of thefe un- 
 conftimtional acts. 
 
 But this, it may be faid, is fub- 
 je&ing ourfelves to. prefent lofs and 
 inconvenience. 
 
 I would beg leave to aflc, whether 
 any people in any age or country ever 
 defended and preferved their liberty 
 from the encroachments of power, 
 without fuffering prefent inconvenien- 
 cies. The Roman people fuffered 
 themfelves to be defeated by their 
 enemies, rather than fubmit to the 
 tyranny of the nobles. And even in 
 the midil of war, the Parliament of 
 England has denied to grant fupplies, 
 until their grievances were redreffed ; 
 well knowing that no prefent lofs, 
 fuffering, or inconvenience, could 
 equal that of tyranny or the lofs of 
 public liberty. To cite an example, 
 which our own country furnifhes ; 
 you all remember that in the height 
 of the late terrible Indian war, our 
 aflembly and that of Maryland chofe 
 rather to let the country fuller great in- 
 convenience, than immediately grant 
 
 fupplies on terms injurious to the, 
 public privilege and to juftice. 
 
 As then we cannot enjoy liberty 
 without property, both in our lives 
 and eltates ; as we can have no pro- 
 perty in that which another may of 
 right take and difpofe of as he pleafes, 
 without our confent ; and as the late 
 acts of parliament afTert this right to 
 be in them, we cannot enjoy freedom 
 until this claim is given up, and un- 
 til acts made in confequence of it be 
 repealed. For fo long as thefe acts 
 continue, and the claim is kept up, 
 pur property is at their diipofal, and 
 our lives at their mercy. 
 
 To conclude, as liberty is the great 
 and only fecurity of property ; as the 
 fecurity of property is the chief fpur 
 to induitry, (it being vain to acquire 
 what we have not a profpect to enjoy) 
 and as the (topping the importation 
 of goods is the only probable means 
 cf preferving to us and our polterity 
 this liberty and fecurity, I hope, my 
 brethren, there is not a man amoug 
 us, who will not cheerfully join in 
 the meafure propofed> and, with our 
 brethren of Bofton and New- York, 
 freely forego a prefent advantage, 
 nay, even fubmit to a prefent incon- 
 venience for the fake of liberty, on 
 which our happinefs, lives, and pro- 
 perties depend. Let us never forget 
 that our ftrength depends on our uni- 
 on, and our liberty on our ftrength. 
 ts United we conquer, divided f we die" 
 
 'The following paper <was publijhed in 
 
 London, about the beginning of the 
 
 Tear 1768. By Dr. BENJAMIIC 
 
 FRANKLIN. 
 
 The waves never rife but nvhen tbt 
 
 <winas blow. Prov. 
 
 As the caufe of the prefent ill hu- 
 mour in America, and of the refblu- 
 tions taken there to purchafe lefs of 
 our manufactures, does not feem to 
 be generally underftood, it may af- 
 ford fome fatisfaction, to ow readers* 
 
PRIOR DOCUMENTS. 
 
 if you give them the following fhort 
 hiftorical ftate of fadls. 
 
 From the time that the colonies 
 were firft confidered as capable of 
 granting aids to the crown, down to 
 the end of the laft war, it is faid, 
 that the conftant mode of obtaining 
 thofe aids was, by requijition made 
 from the crown, through its gover- 
 nors to the feveral affemblies, in cir- 
 cular letters from the Secretary of 
 State in his Majefty's name, fetting 
 forth the occafion, requiring them to 
 take the matter into confederation, 
 and expreffing a reliance to their pru- 
 dence, duty and affection to his Ma- 
 jefty's government, that they would 
 grant fuch fums, or raife fuch num- 
 bers of men, as were fuitable to 
 their refpedlive circumftances. 
 
 The colonies being accuftomed to 
 this method, have from time to time 
 granted money to the crown, or raif- 
 ed troops for its fervice, in proportion 
 to their abilities ; and during all the 
 laft war beyond their abilities, fo that 
 confiderable fums were return'd them 
 yearly by Parliament, as they had 
 exceeded their proportion. 
 
 Had this happy method of requifi- 
 tion been continued, (a method that 
 left the King's fubjedts in thofe re- 
 mote countries the pleafure of mew- 
 ing their zeal and loyalty, and of 
 imagining that they recommend them- 
 felves to their fovereign by the libe- 
 rality of their voluntary grants) there 
 is no doubt, but all the money that 
 could reafonably be expeded to be 
 rais'd from them in any manner, 
 might have been obtained, without 
 the leaft heart-burning, offence, or 
 breach of the harmony, of affec- 
 tions and interclls, that ib long fub- 
 iiited between the two countries. 
 
 It has been thought wifdom in a 
 government exercifmg fovereignty o- 
 ver different kinds of people, to have 
 fome regard to prevailing and efta- 
 blifhcd opinions among the people to 
 
 be governed, wherever fuch opinions 
 might in their effects obftruct or pro- 
 mote public meafures. If they tend 
 to obftruct public fervice, they are to 
 be changed, if poffible, before we 
 attempt to aft againft them ; and they 
 can only be changed by reafon and 
 perfuafion. But if public bufmefs can 
 be carried on without thwarting thofe 
 opinions, if they can be, on the con- 
 trary, made fubfervient to it, they 
 are not unneceffarily to be thwarted, 
 how abfurd foever fuch popular opi- 
 nions may be in their natures. This 
 had been the wifdom of our govern- 
 ment with refpect to raifing money 
 in the colonies. It vvas^well known, 
 that the colonifts univerfally were of 
 opinion, that no money could be le-r 
 vied from Englifti fubjects, but by 
 their own confent given by them- 
 felves or their chofen reprefentatives : 
 that therefore whatever money was to 
 be raifed from the people in the co- 
 lonies, muft firft be granted by their 
 Affemblies, as the money raifed in 
 Britain is firft to be granted by the 
 Houfe of Commons : that this right 
 of granting their own money, was ef- 
 fential to Englifti liberty : and that if 
 any man, or body of men, in which 
 they had no reprefentative of their 
 chufing, could tax them at pleafure, 
 they could not be faid to have any 
 property, any thing they could call 
 their own. But as thefe opinions did 
 not hinder their granting money vo- 
 luntarily and amply whenever the 
 crown by its fervants came into their 
 Affemblies (as it does into its Parlia- 
 ments of Britain or Ireland) and de- 
 manded aids ; therefore that method 
 was chofen rather than the hateful 
 one of arbitrary taxes. 
 
 I do not undertake here to fupport 
 thefe opinions of the Americans ; 
 they have been refuted by a late act 
 of Parliament, declaring its own pow- 
 er ; which very Parliament, how- 
 ever, fhew'd wifely fo much tender 
 G g 2 regard 
 
22$ 
 
 PRIOR DOCUMENTS. 
 
 regard to thofe inveterate prejudices, 
 as to repeal a tax that had militated 
 againft them. And thofe prejudices 
 are ftiil fo fixed and rooted in the A- 
 mericans, that, it has been fuppofed, 
 not a iingle man among them has 
 been convinced of his error, even by 
 that act of Parliament. . 
 
 The pcrfon then who firft projected 
 to lay afide the accuftomed method of 
 requifidon, and to raiie money on 
 America by ftamps, feems not to 
 have acted wifely, in deviating from 
 that method (which the colonifts look- 
 ed upon as conftitutional) and thwart- 
 ing unneceffarily the fixed prejudices 
 of fo great a number of the King's 
 fubjects. It was not, however, for 
 want of knowledge that what he was 
 about to do would give them great 
 offence ; he appears to have been ve- 
 ry fenfible of this, and apprehenfive 
 that it might occafion fome diforders, 
 to prevent or fupprefs which, he pro- 
 jected another Bill, that was brought 
 in the fame feflion with the {lamp act, 
 whereby it was to be made lawful for 
 military officers in the colonies to 
 quarter their foldiers in private houfes. 
 This feem'd intended to awe the peo- 
 ple into a compliance with the other 
 act. Great oppofition however being 
 railed here againft the bill by the a- 
 gents from the colonies, and the mer- 
 chants trading thither, the colonifts 
 declaring, that under fuch a power 
 in the army, no one could look on his 
 houfe as his own, or think he had a 
 home, when foldiers might be thruft 
 into it ana mix'd with his family at 
 the pleafure of an officer, that part 
 of the bill was dropt ; but there full 
 remained a claufe, when it parled in- 
 to a law, to oblige the ieveral afTem- 
 blies to provide quarters for the fol- 
 diers, furniming them with firing, 
 bedding, candles, fmall beer or rum, 
 and fundry other articles, at the ex- 
 pence of the feveral provinces. And 
 this act continued in force when the 
 
 Stamp Act was repealed, though if 
 obligatory on the affemblies, it equally 
 militated againft the American prin- 
 ciple abovementioned, that money is 
 not to be raifed on Englijhfubjefts with- 
 out their confent* 
 
 The colonies neverthelefs being put 
 into high good humour by the repeal 
 of the Stamp Ad, chofe to avoid a 
 freih difpute upon the other, it being 
 temporary ad foon co expire, never, 
 as they hoped, to revive again ; and 
 in the mean time they, by various 
 ways in different colonies, provided 
 for the quartering of the troops, 
 either by atls of their own affemblies, 
 without taking notice of the act of 
 parliament, or by fome variety or 
 fmall diminution, as of fait and vine- 
 gar, in the fuppiies required by the 
 act, that what they did might appear 
 a voluntary act of their own, and 
 not done in obedience to an act of 
 parliament, which, according to their 
 ideas of their rights, they thought 
 hard to obey. 
 
 It might have been well if the 
 matter had thus paffed without no- 
 tice ; but a Governor having written 
 home an angry and aggravating let- 
 ter upon this conduct in the affembly 
 of his province, the outed Premier 
 of the Stamp Act and his adherents, 
 then in the oppofition, raifed fuch a 
 clamour againft America, as being 
 in rebellion, and againft thofe who 
 had been for the repeal of the Stamp 
 Act, as having thereby been encou- 
 ragers of this fuppofed rebellion, that 
 it was thought neceffary to inforce the 
 quartering acl by another act of par- 
 liament, taking away from the pro- 
 vince of New- York, which had been 
 the moft explicit in its refufal, all the 
 powers of legiflation, till it ihould 
 have complied with that act. The 
 news of which greatly alarmed the 
 people every wherein America, as (it 
 has been faid) the language of fuch 
 an act feemed to them to be, Obey im- 
 plicitly 
 
PRIOR DOCUMENTS. 
 
 plicitly laws made by the Parliament 
 of Great Britaifyto raife money on you 
 without your con fent, or you Jball enjoy 
 no rights or privileges at all. 
 
 At the fame time a perfon lately 
 in high office, projected the levying 
 more money, from America, by new 
 duties on various articles of our own 
 manufacture, as glafs, paper, painters 
 colours, &c. appointing a new Board 
 
 229 
 
 them many opportunities of being vex- 
 atious, and they are often fo notwith- 
 ftanding their dependance on the af- 
 femblies for all that part of their fup- 
 port that does not arife from fees e- 
 tablilhed by law ; but would proba- 
 bly be much more fo, if they were to 
 be fupported by money drawn from 
 the people without their con fen t or 
 good will, which is the profeffed de- 
 
 of Cuftoms, and fending over a let of iign of this new act. That, if by 
 Commiffioners, with large falaries, to means of thefe forced duties, govern- 
 be eftabliilied at Bofton, who were to 
 have the care of collecting thofe du- 
 ties ; which were by the act exprefsly 
 mentioned to be intended for the pay- 
 
 is to be fupported in America* 
 without the intervention of the aflem- 
 blies, their affemblies will foon be 
 looked upon as ufelefs, and a gover- 
 ment of the falaries of Governors, nor will not call them, as having no- 
 
 crown in America ? it being a pretty 
 general opinion here, that thofe offi- 
 cers ought not to depend on the 
 
 Judges, and other Officers of the thing to hope from their meeting, 
 
 and perhaps fomething to fear from 
 their enquiries into and remonftrances 
 againft his mal-adminiflration. That 
 
 people there for any part of their fup- thus the people will be deprived of 
 port. their moft effential rights. That it 
 
 It is not my intention to combat being, as at prefent, a governor's in- 
 .this opinion. But perhaps it may be tereft to cultivate the good will, by 
 fome fatisfaction to your readers, to promoting the welfare of the people 
 know what ideas the Americans have he governs, can be attended with n<j 
 
 on the fubject. They fay then, as 
 to Governors, that they are not like 
 
 prejudice to the mother-country, lincc 
 all the laws he may be prevailed oa 
 
 Princes whofe pofterity have an inhe- to give his afTent to are fubject to re- 
 
 vifion here, and if reported againft 
 by the Board of Trade, are immedi- 
 ately repealed by the crown ; nor dare 
 he pafs any law contrary to his in- 
 ftruciions, as he holds his office dur- 
 
 ntance in the government of a na- 
 tion, and therefore an in tereft in its 
 profperity ; they are generally ftrang- 
 crs to the provinces they are fent to 
 govern, have ne eilate, natural con- 
 nection, or relation there, to give 
 
 ing the pleafure of the crown, and 
 
 them an affection for the country ; his fecurities are liable for the penal- 
 ties of their bonds if he contravenes 
 thofe inftructions. This is what they 
 fay as to Governors. As to Judgei 
 they alledge, that being appointed 
 from Ijence, and holding their corn- 
 
 that they come only to make money 
 as faft as they can ; are fometimes 
 men of vicious characters and broken 
 fortunes, fent by a minifter merely 
 to get them out of the way : that as 
 
 they intend ftaying in the country no millions not during good behaviour^ as" 
 longer than their government conti- in Britain, but during pleafure, all 
 nues, and purpofe to leave no family 
 behind them, they are apt to be re- 
 
 the weight of intereft or influence 
 would be thrown into one of the 
 
 gardlefs of the good will of the peo- fcales, (which ought to be held even) 
 pie, and care not what is faid or if the falaries are alfo to be paid out 
 thought of them after they are gone, of duties raifed upon the people with- 
 Their fituation at the fame time gives out their con/em, and independent of 
 
 their 
 
IOR DOCUMENTS. 
 
 their Aflemblies approbation or dif- 
 approbation of the judges behaviour. 
 That it is true, judges mould be free 
 from all influence ; and therefore, 
 whenever government here will grant 
 commiffions to able and honeft judges 
 during good behaviour, the Aflem- 
 blies will fettle permanent and ample 
 falaries on them during their commif- 
 fions : but, at prefent, they have no 
 other means of getting rid of an igno- 
 rant or an unjuft judge (and fome of 
 fcandalous characters have, they fay, 
 been fometimes fent them) but by 
 ihrving him out. 
 
 I do not fuppofe thefe reafonings of 
 theirs will appear here to have much 
 weight. I do not produce them with 
 an expectation of convincing your 
 readers. I relate them merely in pur- 
 fuance of the talk I have impofed on 
 myfelf, to be an impartial hiftorian 
 of American facts and opinions. 
 
 The colonifts being thus greatly 
 alarmed, as I fa id before, by the news 
 of the act for abolifhing the legifla- 
 ture of New- York, and the impofition 
 of thefe new duties pfofefiedly for 
 fuch difagreeable purpofes ; (accom- 
 panied by a new fet of revenue officers 
 with large appointments, which gave 
 firong fufpiciona that more bunnefs 
 of the fame kind was foon to be pro- 
 vided for them, that they might earn 
 thefe falaries ;) began ferioufly to con- 
 fjder their fituation, and to revolve 
 afrem in their minds grievances which 
 from their refpect and love for this 
 country, they had long borne and 
 feemed almoft willing to forget. 
 Th6y reflected how lightly the inter- 
 eft of all America had been eftimated 
 here, when the intereft of a few in- 
 habitants of Great Britain happened 
 to have the fmalleft competition with 
 it. That thus the whole American 
 people were forbidden the advantage 
 of a direct importation of wine, oil, 
 and fruit, from Portugal, but muft 
 take them loaded with all the expen- 
 
 ces of a voyage 1000 leagues round 
 about, being to be landed firft in 
 England to be re-lhipped for Ame- 
 rica ; expences amounting, in war 
 time, at leaft 30 per cent, more than 
 otherwife they would have been 
 charged with, and all this merely, 
 that a few Portugal merchants in. 
 London may gain a com million on 
 thofe goods paffing through their 
 hands, Portugal merchants, by the 
 by, that can complain loudly of the 
 fmalleil hardships laid on their trade 
 by foreigners, and yet even the lad 
 year could oppofe with all their in- 
 fluence the giving eafe to their fellow 
 fubjefls labouring under fo heavy an 
 oppreffion '.That on a flight com- 
 plaint of a few Virginia merchants, 
 nine colonies had been retrained from 
 making paper money become abfo- 
 lutely neceffary to their internal com- 
 merce, from the conftant remittance 
 of their gold and filver to Britain. 
 But not only the intereft of a particu-? 
 lar body of merchants, the intereft of 
 any fmall body of Britifli tradefmen 
 or artificers, has been found, they 
 fay, 'to outweigh that of all the King's 
 fubjects in the colonies. There can- 
 not be a ftronger natural right, tnan 
 that of a man's making the beft pro- 
 fit he can of the natural produce of 
 his lands, provided he does nut there- 
 by hurt the ftate in general. Iron is 
 to be found every where in America, 
 and beaver furs are the natural pro- 
 duce of that country ; hats and nails, 
 and fteel, are wanted there as well as 
 here. It is of no importance to the 
 common welfare of the empire, whe- 
 ther a fubjecl of the King's gets his. 
 living by making hats on this or that 
 fide of the water. Yet the hatters of 
 England have prevailed to obtain an 
 aft in their own favour, reftraining 
 that manufacture in America, in order 
 to oblige the Americans to fend their 
 beaver to England to be manufactur- 
 ed, and purchafe back the hats, load- 
 ed 
 
PRIOR DOCUMENTS. 
 
 ed with the charges of a double tranf- 
 portation. In the fame manner have 
 a few nail-makers, and ftill a fmall- 
 terbodyof fteel-makers (perhaps there 
 are not half a dozen of them in Eng- 
 land) prevailed totally to forbid by 
 an aft of parliament the erecting of 
 flitting mills or fteel furnaces in Ame- 
 rica, that the Americans may be 
 obliged to take all the nails for their 
 buildings, and fteel for their tools, 
 from thefe artificers, under the fame 
 difad vantages. 
 
 Added to thefe, the Americans re- 
 membered the act authorizing the 
 moft cruel infult that perhaps was ever 
 offered by one people to another, that 
 of emptying our gaols into their fet- 
 tlements ; Scotland too having within 
 thefe two years obtained the privilege 
 it had not before, offending its rogues 
 and villains alfo to the plantations. 
 I fay, reflecting on thefe things, they 
 faid to one another (their news papers 
 are full of fuch difcourfes) thefe peo- 
 ple are not content with making a 
 monopoly of us, forbidding us to 
 trade with another country of Europe, 
 and compelling us to buy every thing 
 of them, though in many articles we 
 could furnifh ourfelves 10, .20, and 
 even to 50 per cent, cheaper elfe- 
 where ; but now they have as good as 
 declared they have a right to tax us 
 ad libitum internally and externally, 
 and that our conftitutions and liber- 
 ties mail all be taken away, if we do 
 not fubmit to that claim. They are 
 not content with the high prices at 
 which they they fell us their goods, 
 but have now begun to enhance thofe 
 prices by new duties ; and by the ex- 
 penfive apparatus of a new let of of- 
 ficers, appear to intend an augmen- 
 tation and multiplication of thofe bur- 
 thens that mail be ftill more grievous 
 to us. Our people have been fooliih- 
 ly fond of their fuperfluous modes 
 and manufactures, to the impoverifh- 
 ing our country, carrying oft' all our 
 
 cam, and loading us with debt ; they 
 will not fuffer us to reflrain the luxu- 
 ry of our inhabitants as they do that 
 of their own, by laws : they can 
 make laws to difcourage or prohibit 
 the importation of French fuperflui- 
 ties : but though thofe of England are 
 as ruinous to us as the French ones 
 are to them, if we make a law of that 
 kind, they immediately repeal it. 
 Thus they get all our money from us 
 by trade, and every profit we can any 
 where make by our fifheries, our pro- 
 duce or our commerce, centers final- 
 ly with them ; but this does not figni- 
 fy. It is time then to take care of 
 ourfelves by the beft means in our 
 power. Let us unite in folemn refb- 
 lutions and engagements with and to 
 each other, that we will give thefe 
 new officers as little trouble as poffi- 
 ble, by not confuming the Britim 
 manufactures on which they are to 
 levy the duties. Let us agree to con- 
 fume no more of their expenfive gew- 
 gaws. Let us live frugally, and let 
 us induftrioufly manufacture what we 
 can for ourfelves : thus we fhall be 
 able honourably to difcharge the debu 
 we already owe thera, and after that, 
 we may be able to keep fome money 
 in our country, not only for the ufcs 
 of our internal commerce, but for the 
 fervice of our gracious Sovereign, 
 whenever he fhall have occafion for it, 
 and think proper to require it of us in 
 the old conftitutional manner. For 
 notvvithftanding the reproaches thrown 
 out againft us in their public papers 
 and pamphlets, notwithstanding we 
 have been reviled in their fenate as 
 rebels and traitors, we 'are truly a 
 loyal people. Scotland has had it* 
 rebellions, and England its plots a- 
 gainft the prefent Royal Family ; but 
 Americais untainted with thofe crimes; 
 there is in it fcarce a man, there is 
 not a fingle native of our country, 
 who is not firmly attached to his King 
 by principle and by affection. But a 
 
 new 
 
*32 PRIOR DOCUMENT S. 
 
 new kind of loyalty feems to be re- chufetts-Bay, in oppofition to the fo- 
 
 quired of us, a loyalty to Parliament; vereignty of his Majefty, in his Par- 
 
 a loyalty, that is to extend, it is faid, liament of Great Britain, over, that 
 
 to a furrender of all our properties, Province, and alfo what hath pa/Ted 
 
 whenever a Houfe of Commons, in in this Houfe relative thereto, from 
 
 which there is not a fingle member of the firft day of January, 1764, as 
 
 our chufing, (hall think fit to^ grant follows : 
 
 them away without our confent; and That, in obedience to your Lord- 
 to a patient fuffering the lofs of our fhips commands, the committee have 
 privileges as Englifhmen, if we can- 
 not fubmit to make fuch furrender- 
 
 met, and taken into confideration the 
 matters to them referred ; and having 
 attentively read, and confidered, the 
 feveral papers which have been laid 
 
 We were feparated too far from Bri- 
 tain by the ocean, but we were united 
 
 to it by refpect and love, fo that we before the Houfe, relative to the pro- 
 could at any time freely have fpent ceedings in the colony of Mafiachu- 
 our lives and little fortunes in its fetts-Bay, in oppofition to the Sove- 
 caufe : but this unhappy new fyilem reignty of his Majefty, in his Parlia- 
 of politics tends to diiiblve thofe ment.of Great Britain, over that pro- 
 bands of union, and to fever us for vince ; and having alfo carefully in- 
 ever. fpe&ed the Journals of the Houfe, 
 Thefe are the wild ravings of the from the firft day of January, 1764, 
 at prefent half diftracled Americans, to the prefent time; they find, that, 
 To be fure, no reafonable man in 
 England can approve of fuch fenti- 
 
 ments, and, as I faid before, I do 
 
 on the fecond day of April, 1764, a 
 bill was brought up from the Com- 
 mons to your Lordfhips, intitled, 
 
 Jiot pretend to fupport or juftify them: ( An act for granting certain duties 
 but I fmcerely wifti, for the fake of ' in the Britim colonies and planta- 
 the manufactures and commerce of ' tions in America, for continuing, 
 
 Great Britain, and for the fake of 
 the flrength which a firm union with 
 our growing colonies would give us, 
 that thefe people had never been 
 thus needleisly driven out of their 
 fenfes. F. S. 
 
 *The Report cf the Lords Committees , ap- 
 pointed by the Houfe of Lords to en- 
 quire into the federal proceedings in 
 the Colony of MoJfachufetts-Bay, in 
 cppofetion to the Sovereignty of his 
 'Majefty, in his Parliament of Great 
 Britain , over that Province:, and 
 alfo vukat hath pafled in this Houfe 
 relative thereto, from the firft day of 
 January, 1764. 
 
 Die Mercurii, 20 Apriiis, 1764. 
 The Earl of B uckinghamfhire re- 
 ported from the Lords Committees ap- 
 pointed to enquire into the feveral 
 proceedings in the Colony of MaiTa- 
 
 and amending, and making perpe- 
 f tual, an aft, paffed in the fixth year 
 ' of the reign of his late Majefty 
 ' King -George the Second, (intituled, 
 ' an ad for the better fecuring and 
 ' encouraging the trade of his Majef- 
 ' ty's fugar colonies in America ; for 
 ' applying the produce of fuch du- 
 f ties, and of the duties to arife by 
 ' virtue of the faid ad, towards de- 
 
 * fraying the expences of defending, 
 ' protecting, and fecuring, the faid 
 ' colonies and plantations ; for ex- 
 
 * plaining an adl made in the twen- 
 ' ty-fifth year of the reign of King 
 e Charles the Second, intituled, an 
 ' adl for the encouragement of the 
 ' Greenland and Eaftland trades, and 
 ' for the better fecuring the Planta- 
 ' tion trade ;) and for altering and 
 ' difallowing feveral draw-backs on 
 ' exports from this kingdom, and 
 
 ' more 
 
PRIOR DOC 
 
 more efFe&ually preventing the clan- 
 deftine conveyance of goods to and 
 from the faid colonies and planta- 
 tions, and improving and fecuring 
 the trade between the fame and 
 Great Britain.' 
 
 That this Bill pafTed the Houfe 
 on the fourth of April, and received 
 the royal affent on the following 
 day. 
 
 The committee having perufed the 
 report of the Board of Trade, of the 
 eleventh day of December, 1764, 
 and the papers laid before his Majefty 
 therewith ; find, in the faid papers, 
 the ftrongefl aflertions, by the aiTem- 
 bly of the MafFachufetts-Bay, of 
 their fole right to pafs laws, particu- 
 larly of taxation, and of their refo- 
 lution to invite the other colonies to 
 combine with them in meafures to 
 prevent the King, in his Parliament, 
 from pafling any fuch laws ; for in- 
 ilance, in a letter to Mr. Mauduit, 
 then agent of the province, which 
 was drawn up by a committee of the 
 Houfe of Reprefentatives, and after- 
 wards approved by the Houfe, they 
 ufe the following expreflions : ' The 
 filence of the province ihould have 
 been imputed to any caufe, even to 
 defpair, rather than be conftrued 
 into a tacit cefiion of their rights, 
 or an acknowledgement of a right 
 in the Parliament of Great Britain, 
 to impofe duties and taxes upon a 
 people who are not reprefented in 
 the Houfe of Commons.' And, in 
 the fame letter, they avowed and au- 
 thenticated the doctrines advanced in 
 a certain pamphlet, intituled, The 
 Rights of the Britiih Colonies aflerted 
 and proved, written by James Otis, 
 Efq j which pamphlet, amongft other 
 things, fays, ' That the impofition 
 of taxes, whether on trade, or on 
 land, on hoafes or mips, on real or 
 perfonal, fixed or floating, property, 
 in the colonies, is abfolutely irrecon- 
 cileable with the rights of the colo- 
 
 U M E N T S. 233 
 
 nifts,- as Britiih fubjecls, and as 
 men.' 
 
 The committee find, that on the 
 twenty-eighth day of February 1765,3 
 Bill was brought from the Commons, 
 intituled, * An aft for granting and 
 ' applying {lamp duties, and other 
 ' duties, in the Britifh colonies and 
 ' plantations in America, towards 
 
 * further defraying the expences of 
 ' defending, protecting, and fecuring 
 
 * the fame j and for amending fuch 
 ' parts of the feveral acts of Parlia- 
 ' ment relating to the trade and re- 
 ( venues of the faid colonies and plan- 
 < tations, as direct the manner of de- 
 ' terrhining and recovering the pe- 
 
 * n allies and forfeitures therein men- 
 ' tioned.' 
 
 That the faid Bill received the 
 royal affent on the 22d of the fame 
 month. 
 
 That, on the i7th day of Decem- 
 ber, his Majefty declared, in his moil 
 gracious fpeech from the throne, 
 that the matters of importance which 
 had lately occured in fome of his co- 
 lonies in America were the principal 
 caufe of his Majefly's affembling his 
 Parliament fooner than was ufual in 
 times of peace. 
 
 It appears to the committee, from 
 the votes of the Houfe of Reprefen- 
 tatives of the colony of MafTachufetts- 
 Bay, of the 6th of June 1765, that 
 they came to a refolution, that it was 
 highly expedient there mould be a 
 meeting as foon as might be of com- 
 mittees from the Houfes of Repre- 
 fentatives, or BurgerTes, in the feve- 
 ral colonies on the American conti- 
 nent, to confult on their then pre- 
 fcnt circumflances, and the difficul- 
 ties to which they were reduced by 
 the operation of the late acts of Parlia- 
 ment, for levying duties on the colo- 
 nies ; and to confider of a general 
 addrefs to his Majefty and the Par- 
 liament, to implore relief: and that 
 letters fliould be forthwith prepared 
 Hh and 
 
P R I O 
 
 DOCUMENTS. 
 
 and tranfmitted to the refpective 
 Speakers of the feveral aiTemblies, to 
 invite them to accede to this propo- 
 fition ; and further, that, on the 8th 
 of June, they did actually elect three 
 perlons to be their committees, and 
 alfo voted 45 o/. to bear their ex- 
 pences. 
 
 Your committee find, in a letter 
 from the Governor to the Lords Com- 
 mrffioners for Trade and Plantations, 
 dated Augufl 15th, 1765, an account 
 of a violent riot at Boiion, in refift- 
 ance to a law pafled by the legifla- 
 ture of Great Britain, in which an 
 attack was made upon Mr. Oliver, 
 distributor of (lamps, and carried to 
 the length of pulling down and de- 
 ftroying his houfes, manifefting a re- 
 folution, if they could have found 
 him, of putting him to death. Upon 
 which occafion the backwardnefs and 
 indifpofition of the council, to fup- 
 port the peace and good order of go- 
 vernment, were very apparent. Alfo, 
 in another letter from the Governor, 
 dated Auguft 3 ift, 1765, to the faid 
 Board of Trade, they find that the 
 mob attacked the houfe of Mr. Storey, 
 Regifter of the Admiralty, which 
 they demoliihed ; they alfo took all 
 his books and papers, amongft which 
 were the records of the Court of Ad- 
 miralty, and burnt them, and fearch- 
 ed about for him, with an intent to 
 murder him j they alfo pillaged the 
 houfe of Mr. Hollo well, comptroller 
 of the cuftoms, bin their molt violent 
 proceeding was againft the Lieutenant 
 Governor, whofe houfe, plate, books, 
 and manufcripts, 1 to a very great va- 
 lue, they totally deftroyed. And, in 
 this great extremity, the council be- 
 ing, as the governor obferves, depen- 
 dent upon the people, refuted even 
 to concur with him in his proportion 
 of giving notice to General Gage of 
 the then fituation of the town of 
 Boiion. 
 
 It is remarkable that this commo- 
 
 tion entirely arofe out of the town 
 of Boiion ; for though it was given 
 out, that many people out of the 
 country were concerned in this affair, 
 upon enquiry, it was found that fuch 
 perfons living out of Bolton, as were 
 feen in the crowd, were there merely 
 as fpectators. 
 
 In Governor Bernard's letter to the 
 Board of Trade, October the twelfth, 
 1765, he fays That the real autho- 
 rity of the government is at an end j 
 fome of the principal ringleaders, in 
 the late riots, walk the itreets with 
 impunity; no officers dare attack 
 them, no Attorney General profe- 
 cute them, no witnefs appear a- 
 gainft them, and no judges fit upon 
 them.* 
 
 And during this general diforder, 
 the Governor thought it neceffary for 
 fome companies of the militia to be 
 multered, with the unanimous advice 
 of the council, but that the militia 
 refufed to obey his orders. 
 
 And we find, that fo little atten- 
 tion, was paid to an ad of the Britifh 
 legiflature, by the Council and Houfe 
 of Reprefentatives, that they refolved 
 in a joint committee, on the twenty- 
 fifth of October 1765, that it mould 
 and might be lawful to do bufinefs 
 without ftamps, notwithstanding the 
 act of Parliament to the contrary. 
 
 On the fourteenth day of January, 
 1766, upon the meeting of the Par- 
 liament, after the receis of Chrift- 
 mas, his Majeity was pleafed to de- 
 clare himfelf in a molt gracious fpeech 
 from the throne, in the following 
 terms : 
 
 My Lords and Gentlemen, 
 ( When I met you lalt, I acquainted 
 ' you, that matters of importance had 
 ' happened in America, which would 
 * demand the molt ferious attention 
 ' of Parliament, 
 
 ' That no information which could 
 
 ' fcrve to direct your deliberations in 
 
 ' fo interelting a concern might be 
 
 ' wanting. 
 
PRIOR DOC 
 
 * wanting, I have ordered all the pa- 
 pers that give any light into the ori- 
 gin, the progrefs, or the tendency, 
 of the disturbances, which have of 
 late prevailed in fome of the nor- 
 thern colonies, to be immediately 
 laid before you. 
 
 ' No time has been loft, 'on the firft 
 advice of thefe difturbances, to ifTue 
 orders to the governors of my pro- 
 vinces, and to the commanders of 
 my forces, in America, for the ex- 
 ertion of all the powers of govern- 
 ment, in the fuppreffion of riots and 
 tumults, and in the effectual fup- 
 port of lawful authority, 
 ' Whatever remains to be done n 
 this occafion, I commit to your wif- 
 dom ; not doubting but your zeal for 
 the honour of my crown, your atten- 
 tion to the juft rights and authority 
 of the Eritifh legiflature, and your 
 affection and concern for the welfare 
 and profperity of all my people, 
 will guide you to fuch found and 
 prudent refolutions, as may tend at 
 once to preferve thofe conllitutional 
 rights over the colonies, and toreftore 
 to them that harmony and tranqui- 
 lity which have lately been inter- 
 rupted by riots and diforders of the 
 the moil dangerous nature.' 
 In the dutiful addrefs which was 
 voted the fame day, the Hcufe affure 
 his Majefty of their hearty concur- 
 rence with his Majefty 's moil falutary 
 intentions ; that they would exert 
 their utmoil endeavours to affert and 
 fupport his Majefty's dignity and ho- 
 nour, and the legiflative authority of 
 this kingdom, over its colonies ; and 
 thai: they would take into their con- 
 fideration the moil proper methods to 
 provide for the reiteration of the tran- 
 quillity of thofe colonies, which had 
 been diftuibed by fuch violent and 
 dangerous commotion,. 
 
 Upon the fame day, all the papers 
 Delating to the informations and ad- 
 Y^ces received from America, of the 
 
 U M E N T S. 235 
 
 riots and tumults there, were lai(J be- 
 fore the Houfe. 
 
 More papers relating to America 
 were laid before the Houfe, which, 
 together with the other papers, were 
 referred to a committee of the whole 
 Houfe, for Tuefday the 28th. 
 
 More papers were laid before the 
 Houfe the 27 th of January, and re- 
 ferred to the faid committee. 
 
 The committee met, and, after fe- 
 veral adjournments, on the loth of 
 February following, the Chairman 
 reported feveral refolutions, which 
 were agreed to by the Houfe, as 
 follows : 
 
 I. Refolved, That the King's Ma- 
 jefly, by and with the advice and 
 conferrt of the Lords ""Spiritual and 
 Temporal, and Commons of Great- 
 Britain, in Parliament afiembled, had, 
 hath, and of right ought to have, 
 full power and authority, to make 
 laws and flatutes, of fufficient force 
 and validity to bind the colonies and 
 people of America, fubjeds of the 
 crown of Great-Britain, in all cafes 
 whatfoever. 
 
 II. Refolved, That it appears to 
 this committee, that tumults and in- 
 furreclions, of the moil dangerous 
 nature, have been raifed and carried 
 on in feveral of the North American 
 colonies, in open defiance of the power 
 and dignity of his Majefty's govern- 
 ment, and in manifeft violation of the 
 laws and legiflative authority of this 
 kingdom. 
 
 III. Refolved, That it appears to 
 this committee, that the faid tumults 
 and infurreclions have been encour- 
 aged and enflamed, by fundry votes 
 and refolutions, pafTed in feveral of 
 the afTemblies of the faid provinces, 
 derogatory to the honour of his Ma- 
 jefty's government, and deflruclive of 
 the legal and conftitutional dependen- 
 cy of the faid colonies on the im- 
 perial crown and parliament of Great 
 Britain. 
 
 H h * IV. 
 
PRIOR DOCUMENTS. 
 
 IV. Refolved, Thatit is the opinion 
 of this committee, that an humble 
 addrefs be prefented to his Majefty, to 
 defire that his Majefty would be gru- 
 ciouily pleafed to give inftruftions to 
 the governors of the feveral provinces, 
 where the above-mentioned tumults 
 and infurreftions have happened, That 
 they mould, in his Majefty's name re- 
 quire of the aflemblies of the faid pro- 
 vinces, to make proper recompence to 
 thole who have fufferedin their perfons 
 or properties, in confequence of the 
 aforefaid tumults and infurreftions ; 
 and to aflure his Majefty, That this 
 Houfe will, upon this, and all oc- 
 cafions, fuppcrt the law/ul authority 
 of his crown, and the rights of Par- 
 liament. 
 
 V. Refolved, That it is the opinion 
 of this committee, That all his Ma- 
 jefty's fubjefts refiding in the faid co- 
 lonies, who have manifefted their de- 
 fire to comply with, or to aflift in, 
 carrying into execution the aft for 
 laying a duty on Stamps, or any other 
 aft of parliament in the Britifn colo- 
 nies, in North America, have afted 
 as dutiful and loyal fubjefts, and are 
 therefore intitled to, and will aflured- 
 ly have, the favour and protection of 
 this Houfe. 
 
 Ordered, That an humble addrefs 
 be prefented to his Majefty, purfuant 
 to the fourth refolution. 
 
 On the 5th of March, a bill was 
 Brought from the Commons, intitu- 
 led, e An aft for the better fecuring 
 * the dependency of his Majefty's do- 
 ' minions in America upon the crown 
 ' and parliament of Great-Britain.' 
 
 Which bill received the royal aiTent 
 on the 1 8th of the fame month. 
 And alfo a bill, intituled, ' An aft 
 to repeal an aft, made in the laft 
 feffion of parliament, intituled, An 
 aft for granting and applying cer- 
 tain ftamp duties and other duties 
 in the Britifh colonies and planta- 
 tions in America, towards further 
 
 defraying the expences, of defend- 
 ing, protecting, and fecuring the 
 fame ; and for amending fuch parts 
 of the feveral afts of parliament, re- 
 lating to the trade and revenues of 
 the faid colonies and plantations, as 
 direft the manner of determining 
 and recovering the penalties and for- 
 feitures therein mentioned.' 
 Which bill received the royal affent 
 on the 1 8th of March. 
 
 Whilft the bill for repealing the 
 Stamp Aft was under deliberation, 
 petitions from the merchants of the 
 city of Briftol, from the merchants of 
 Glafgow, from Edward Montague, 
 agent for the colony of Virginia, and 
 from the merchants of the city of 
 London, in favour of the faid repeal., 
 were received and read. 
 
 On the 2d of June, a bill was 
 brought from the Commons, intituled, 
 'An aft for indemnifying perfons 
 s who have incurred certain penalties 
 < inflicted by an aft of the laft feffion 
 ' of parliament, for granting certain 
 ' ftamp duties in the Britifh colonies 
 ' and plantations in America ; and 
 ' for making valid aH inftruments ex- 
 ' ecuted or inrolled there on unftamp- 
 f ed paper, vellum, or parchment.' 
 
 Which bill received the royal aflent 
 the 6th of the fame month. 
 
 It appears by a letter from Gover- 
 nor Bernard to the Earl ofShelburne, 
 dated December the 24th, 1766, that 
 the Governor, by advice of the coun- 
 cil, ordered the mutiny aft and three 
 other afts, to/be printed by the printer 
 of the laws. In the interval of the 
 adjournment of aflembly, two com- 
 panies of artillery being driven on 
 iliore by diftrefs of weather, and the 
 iaid aft of parliament having been 
 confulted, the council advifed the go- 
 vernor to order the commiflary to 
 fupply them with what they demand^ 
 ed under the aft ; which was done. 
 Upon the meeting of the aflembly. a 
 meffage was fent to the council, and 
 
 carried 
 
PRIOR DOC 
 
 carried by five members, to enquire, 
 By what authority acts of parliament 
 were regiftered amongft the laws of 
 that province; and whether they 
 knew of any aft (meaning of affem- 
 bly) requiring the regiilering of or- 
 dinances, (their term for acts of par- 
 liament,) which their legiilature 
 never confented to.* 
 The committee find, That, on the 
 1 2th of March, 1767, the Lord Wy- 
 combe, by his Majdty's command, 
 laid before the Houfe copies of let- 
 ters, c. from his Majeily's governors 
 in America, which were ordered to 
 lie on the table. 
 
 That, on the third of April, more 
 copies of letters from his Majeily's 
 governors in America were laid be- 
 fore the Houfe, and ordered to lie on 
 the table. 
 
 That, on the i4th of May, it was 
 ordered, that an humble addrefs 
 fhould be prefented to his Majeily, 
 That he would be gracioufly pieafed 
 to give directions that there might be 
 laid before this Houfe copies of all 
 reports made to or by the commiffion- 
 ers of trade and plantations, together 
 with all orders and proceedings made, 
 or had, by the fecretaries of itate, or 
 his Majeily's privy council, relating 
 to the bill pafTed by the governor, 
 council, and affembly of the Maffa- 
 chufetts-Bay, for granting compen- 
 fation to the fufferers, and of free and 
 general pardon, indemnity, and ob- 
 livion, to the offenders, in the late 
 times, from the time of the receipt of 
 the faid bill. 
 
 That, on the i8th day of May, 
 purfuant to the faid addrefs, the 
 Lord Wycombe laid before the Houfe 
 a copy of the report of the com- 
 mittee of council, &c. which papers 
 were ordered to lie on the table* 
 
 That, on the fame day, it was or- 
 dered, that an humble addrefs lliould 
 be prefented to his Majefty, That he 
 would be gracioufiy pieafed to give 
 
 U M E N T S. 237 
 
 directions that there might be laid 
 before this Houfe copies of fuch pre- 
 cedents as had been, or might be 
 found, of orders in council, declaring 
 ads of aflembly in America to be 
 null, illegal or void ; together wtth. 
 reports of the feveral attornies and 
 folicitors general, or either of them, 
 in fimilar cafes, read at the council 
 board the 9th inftant, 
 
 That, on the 22d of May, the 
 Lord Wycombe, by his Majefty's 
 command, laid before the Houfe, co- 
 pies of fuch precedents as had been 
 found of orders in council, declaring 
 a6ls of ailemblies in America to be 
 null, illegal, and void; together with 
 reports of the feveral attornies and fb- 
 licitors general, or either of them, in 
 fimilar cafes. 
 
 Which papers were ordered to lie 
 on the table ; and, from a perufal of 
 them, we find, that feve al ads of 
 different colonies have been, from 
 time to time, declared, by his Ma- 
 jefty in council, to be null, illegal, 
 and void. 
 
 That, on the 1 5th of June, a bill 
 was brought up from the Commons, 
 intituled, ' An aft to enable his Ma- 
 jeily to put the cuitoms and other 
 duties, in the Britifh dominions in 
 'America, and the execution of the 
 laws relating to trade there, under 
 the management of commiflicners to 
 be appointed for that purpofe, and to 
 be reiident in the faid dominions.' 
 
 Which bill received the royal aflent 
 on the zpth of the fame month. 
 
 That, on the i8th of June, a bill 
 was brought up from the commons, 
 intituled, " An ac"l for granting cer- 
 tain duties in the Britim colonies and 
 plantations in America ; for allowing 
 a drawback of the duties of cuitoms 
 upon the exportation, from this king- 
 dom, of coffee and cocoa nuts, of the 
 produce of the faid colonies, or plan- 
 tations ; for difcontinuing the draw- 
 backs payable on china earthen ware 
 
 exported 
 
PRIOR DOCUMENTS. 
 
 exported to America ; and for more 
 eifedu ally preventing the clandeftine 
 junning of goods in the faid colonies 
 and plantations." 
 
 Which bill received the royal afTent 
 cn the 29th of June, 
 
 The committee find, That, on the 
 sn-eeting of the afiembly of the pro- 
 vince of Mafiachufetts-Bay, on the 
 28 th of January 1767, a meflage was 
 fent to the governor, from the Houfe 
 ef Reprefentatives, defiling to be in- 
 ibrmed, whether any provifion had 
 been, made, at the expence of that 
 government, for the King's troops, 
 lately arrived in the harbour of Bof- 
 tcm ; and that, after having had the 
 minutes of council (by which it ex- 
 prefsly appeared that the provifion for 
 the artillery companies at the caftle 
 was made in purfuance of the then 
 late ad of parliament) laid before 
 thejn, they replied, that " In giving 
 eiders, with the advice of the council, 
 for making provifion for the artillery 
 companies at the caftle, the governor 
 liad acled in an elTentia! point againft 
 the plain intention of the charter, by 
 tphich alone, and that only, according 
 to fuch ads as are or may be m force, 
 within this province, the governor and 
 council were authorifed to ifme money 
 <aut of the treafury :" adding, " that it 
 wa,s ft ill more grievous to them to find 
 the governor ftating, as the founda- 
 tion of the proceeding, a late ad of 
 parliament, which to Mem ^pjpeared 
 2$ great a, grievance as the ftdinp ad, 
 which took away the unalienabie right 
 of freedom from all taxation, but fuch 
 as. they mould voluntarily content to, 
 ant!; grant." 
 
 Governor Bernard was obliged, iu 
 lu* rejoinder, i^th and iBth Febru- 
 ary 1767, caretuliy to avoid giving 
 ike acl of parliament as the fowu.;- 
 tiou Qf the provifion made ; he would 
 cttherwife not have had the concur- 
 lence of the council; for tho' the 
 part, he believed, had a, due 
 
 refped for ads of parliament, not 
 one of them would have dared to 
 avow it, in that inftance, and at that 
 time. 
 
 The committee find, .That, on the 
 fecond of March, 1768, a bill was 
 brought up from the commons, inti- 
 tuled, '< An ad for the more eafy 
 and efredual recovery of the penalties 
 and forfeitures inflidcd by the ads of 
 parliament relating to trade, or re- 
 venues, of the Britifh colonies and 
 plantations in America." 
 
 Which bill received the royal afTent 
 on the 8th of the fame month. 
 
 It appears to the committee, that 
 by a circular letter from the Houfe of 
 Reprefentatives of the colony of Maf- 
 fachufetts-Bay, addrefTed to all the 
 affemblies upon the continent of North 
 America, ff They deiired the affent 
 of thoie aiTembiies to their fentiment* 
 and proceedings, acquainting them 
 that they had reprefented to his Ma- 
 jefty, that the ads of parliament of 
 Great Britain, impoiing duties upon 
 that province, with the fole and ex- 
 prefs purpofe of raifing a revenue, 
 are infringements of their natural 
 conflitutional rights, and deiired them 
 to point out any thing further that 
 might be necefTary to carry their fyf- 
 tem into execution." 
 
 In this year, the afTembly, at the 
 eledion of the council, left out all the 
 crown officers, which meafure had 
 b^en b:fore adopted in the years 1766, 
 and 1767. 
 
 In the beginning of May, 1768, 
 fubfcrlptions were made, and afibci- 
 ations entered into, for the non-im- 
 portation of goods from Gre. t t Bd- 
 tain ; but this laft meafure was, at 
 that time, defeated by the merchants 
 in the other colonies refuiing to con^ 
 cur in it. 
 
 On the pth day of May, 1768, re- 
 gular feizure was made by the col- 
 lector and comptroller of the cudoms 
 of the floop Liberty, belonging to 
 
 Mr, 
 
PRIOR DOCUMENTS. 
 
 Mr. Hancock of the town of Bofton, 
 which occafioned a moft violent tu- 
 mult; the collector and comptr'ol- 
 ler, with the fon of the collector, 
 were attached by a numerous and 
 outrageous mob, who beat and abu- 
 fed them in a moft cruel manner;' 
 and in the night attacked their houfes^ 
 broke the windows, feized on a boat 
 belonging to the collector, 'which 
 they carried away in triumph, and 
 afterwards burnt : the commiffioners 
 of the cuftoms expecting the fame 
 treatment, the riot ftill continuing, 
 thought it prudent to retreat for fafe- 
 ty till midnight, with their families, 
 to the houfes of fome perfons in the 
 neighbourhood, and afterwards, upon 
 conviction that their lives were in 
 danger, took refuge on board his 
 Majefty's fhip the Romney, then in 
 the harbour of Bofton ; and, for their 
 further fecurity, from thence into 
 Caftie William. During the time of 
 this their perilous fituation, they ap- 
 plied feveral times by letter to the 
 governor and council, for protection, 
 but could procure no affiftance what- 
 foever, and were finally told, in a 
 letter from Governor Bernard, dated 
 the 1 3th of June, That, after feveral 
 hour* deliberation, of the n^ceftity of 
 taking fome meafures to prefer ve the 
 peace of the town, and what thofe 
 meafures mould be, the council had 
 come to a refolution, That, as there 
 appeared to be no immediate danger 
 of further violences, they were of 
 opinion, that it would be beft to refer 
 this matter to the conlideraticn of a 
 committee of both Houfes, and that 
 therefore the governor at prefent 
 could not let them know what kind 
 of aid and protection they might ex- 
 pect to receive. The confequence of 
 which was, that they received no pro- 
 tection whatfoever. The diforder and 
 confufion remained in this ftate un- ; 
 noticed till the 22d of July, when the 
 governor moved the council to taks 
 
 into confideration fome meafures for 
 reftoring vigour and firmnefs to go- 
 vernment, but, on the 29th of July, 
 the council made a reply to what had 
 been propofed to them by the gover- 
 nor, in which they ftate, That the 
 diforders, which happened, were oc- 
 calioned by the violent and unprece- 
 dented manner, in which the floop Li- 
 berty had been feized by the officers 
 of the cuftoms." 
 
 In confequence of this diforderly 
 ftate at Bofton, two regiments having 
 been lent thither from Halifax, in 
 order to fupport the execution of the 
 civil power, and preferve the peace 
 of the town, ftridt orders were given 
 and repeated to the troops not to 
 quarrel with the townfmen, by whom, 
 they complained, they had been fre- 
 quently ill-treated, and infulted. 
 
 On Monday the $th of March 176?, 
 at nine at night, the alarm bells were 
 rung as in cafes of fire, the fire faid 
 to be in King-ftreet, and the people 
 thereby led thither ; where finding the 
 alarm falfe, they joined a multitude, , 
 who had been braving two companies 
 at the gates of their barrack, and 
 threatened with death the centine!, 
 who was pofted at the Cuftom-houfe, 
 where the King's treafure was lodged ; 
 the centinel, being furrounded, was 
 forced to retreat, and call for aid, 
 which brought Captain Prefton, cap- 
 tain of the day, with a party, from 
 the main guard, to extricate him : 
 that officer ufed his utmoft endeavours 
 to prevent mifchief, notwithftanding 
 which, the rioters by blows, and every 
 act of aggravation, drew upon them- 
 felves the fiie of feveral of the foldiers, ' 
 by which fome perfons were unfortu- 
 nately killed ; and, upon the gover- 
 nor's offering to obtain the command- 
 ing officer's confent to remove one of 
 the regiments to the caftle, and to 
 ftation the other, fo as no opportunity 
 of difputes with the townfmen would 
 remain ; the council infilled, that both 
 regiments 
 
240 
 
 PRIOR DOCUMENTS. 
 
 regjments mould go, giving for a rea- 
 fon, that the people would moft cer- 
 tainly drive out the troops, and that 
 the inhabitants of other towns would 
 join with Boilon in it ; and feveral 
 of them declared, that they did not 
 judge from the general temper of the 
 people only, but they knew it to be 
 the determination, not of a mob, but 
 of the generality of the principal in- 
 habitants ; in confequence of wAich, 
 both regiments were accordingly re- 
 moved. 
 
 In the petition prefented to the go- 
 vernor by feveral people of confidera- 
 tion, in purfuance of the refolution of 
 a town meeting held at that time, 
 they difavow the legiflative authority 
 of this country, and after t that it 
 would be better for them to ftruggle 
 againft it, than tamely to relinquifh 
 their rights. 
 
 And the afFembly abfolutely re- 
 fufed, by a great majority, to refcind 
 their former order of fending circular 
 letters to the other colonies, though 
 they had received a pofitive requi- 
 iition from the crown to that pur- 
 pole. 
 
 An affociation was entered into 
 the beginning of Auguft, when moft 
 of the merchants of Bofton entered 
 into, and fubfcribed an agreement, 
 that they would not fend for, or im- 
 port, any kind of goods or merchan- 
 dife, from Great Britain, fome few 
 articles ,of neceffity excepted, from 
 the firft of January 1769, to the 
 firft of January 1770 ; and that they 
 would not import any tea, paper, 
 glafs, or painters colours, until the 
 aft impofmg duties on thofe articles 
 fiiould be repealed. 
 
 It was alio voted, in a town meet- 
 ing of the freeholders and other in- 
 habitants of Bofton, September 12, 
 that the levying money within that 
 province, for the ufe and fervice of 
 the crown, in other manner than the 
 fame is granted by the great and ge- 
 
 neral court of afTembly of the pro 
 vince, was in violation of the faid 
 royal charter, and the fame was alfo 
 in violation of the undoubted natural 
 rights of fubjecls, declared in the 
 aforefaid aft of Parliament, (mean- 
 ing the adl of fucceflion) fredy to 
 give and grant their own money for 
 the fervice of the crown, with their 
 own confent, in perfon, or by re- 
 prefentatives of their own free elec- 
 tion. 
 
 They alfo voted, that as the Go- 
 vernor did not think proper to call i 
 general court, for the redrefs of their 
 (fuppofed) grievances, the town fhould 
 then make choice of a fuitable num- 
 ber of perfons to ad for them, as a 
 committee in convention, with fuch 
 as might be fent to join them from 
 the feveral towns in that province, 
 in order that fuch meafures might be 
 confulted and advifed, as his Ma- 
 jefty's fervice, and the peace and 
 fafety of his fubjeds in the province^ 
 might require. 
 
 They alfo voted, that there was, 
 at that time, a prevailing apprchen- 
 fion in the minds of many of an ap- 
 proaching war with France, in order 
 that the inhabitants of that town 
 might be prepared in cafe of fudden 
 danger, that thofe of the faid inha- 
 bitants who might, at that time, be 
 unprovided, mould be, and thereby 
 were, requeued duly to obferve at 
 that time the law of the province, 
 whereby it is required, that every 
 lifted foldier, and other houfeholder, 
 (except troopers, who by law are 
 otherwife to be provided) lhall be al- 
 ways provided with a well-fixed fire- 
 lock, muiket, accoutrement, and am- 
 munition, as in the faid law is par- 
 ticularly mentioned, to the fatisfac- 
 tion of the com million officers of the 
 company. 
 
 They alfo voted, that a letter 
 fhould be written to the feveral towns 
 in the province, as follows. 
 
PRIOR DOCUMENT 
 
 ' Gentlemen, 
 
 * You are already too well acquaint- 
 ed with the melancholy, and very 
 alarming circumftances, to which 
 
 this province, as well as America 
 
 in general, is now reduced; taxes, 
 equally detrimental to the commer- 
 cial intereil of the parent country 
 and her colonies, are impofed on 
 the people without their confent; 
 taxes, defigned for the fupport of 
 the civil government in the colonies, 
 in a manner clearly unconftitutional, 
 and contrary to that, in which, 'till 
 of late, government has been fup- 
 ported by the free gift of the people 
 in the American Affemblies or Par- 
 liaments, as alfo for the mainte- 
 nance of a large (landing army, not 
 for the defence of the newly acquir- 
 ed territories, but for the old colo- 
 nies, and in time of peace. The 
 decent, humble, and truly loyal ap- 
 plications and petitions from the 
 reprefentatives or' this province^ for 
 the redrefs of thefe heavy and very 
 threatening grievances, have hi- 
 therto been ineffectual ; being affur- 
 ed, from authentic intelligence, that 
 they have not yet reached the royal 
 ear ; the only effect of tranfmitting 
 applications, hitheito perceivable, 
 has been a mandate, from one of 
 his Majefty's Secretaries of State to 
 the governor of this province, to 
 difiblve the general affernbly, mere^ 
 ly becaufe the late Houfe of Repre- 
 fentatives refufed to refcind a refolu- 
 tion of a former Houfe, which im- 
 plied nothing more than a right in 
 the American fubjeits to unite in 
 humble and dutiful petitions to their 
 gracious Sovereign, when they found 
 themfelves aggrieved : this is a 
 right naturally inherent in every 
 man, and exprefsly recognized at 
 the glorious revolution as the birth- 
 right of an Engiifhman. 
 
 * This diffolution, you are fenfible, 
 has taken place; the governor has 
 
 S, 241 
 
 ' publicly and repaatedly declared 
 ' that he cannot call another affem- 
 ' bly ; and the Secretary of State for 
 ' the American department, in one 
 ' of his letters communicated to the 
 ' Houfe, has been pleafed to fay, 
 " that proper care will be taken for 
 " the fupport of the dignity of go- 
 " vernment;" the meaning of which 
 ' is too -plain to be mifunderftood. 
 
 ' The concern and perplexity into 
 f which thefe things have thrown the 
 ' people have been greatly aggravated 
 1 by a late declaration of his Excel- 
 ' lency Governor Bernard, that one 
 ' or more regiments may be expected 
 ' in this province. 
 
 ' The defign of thefe troops is, lit 
 ' every one's apprehenfion, nothing 
 ' fhort of enforcing, by military 
 ' power, the execution of acts of Par- 
 ' liament, in the forming of which 
 ' the colonies have not, and can not 
 ' have, any conftitutional influence. 
 ' This is one of the greateft '"diftreiTes 
 f to which a free people can be re- 
 ' duced. 
 
 ' The town, which we have the 
 ' honour to ferve, have taken thefe 
 ' things, at their late meeting, into 
 ' their moft ferious confideration ; 
 f and, as there is in the minds of ma- 
 ' ny a prevailing apprehenfion of an 
 f approaching war with France, they 
 ( have pafled the feveral votes which 
 ' we tranfmit to you, deiiring that 
 1 they may be immediately laid before 
 ' the town, whole prudentials are in 
 ( your care, at a legal meeting, for 
 ' their candid and particular actcn- 
 ( tion. 
 
 ' Deprived of the councils of a ge-, 
 neral affembly in this dark and dif- 
 ' ficult feafon, the loyal people of this 
 ' province will, we are perfuaded, 
 ' immediately perceive the propriety 
 ' and utility of the propofed com- 
 ' mittee of convention, and the found 
 
 * and wholefome advice that may be 
 
 * expected from a number of gentle- 
 1 i ' men, 
 
242 
 
 I O R DOCUMENTS. 
 
 * men, chofen by themfelves, and in 
 ' whom they may repofe the greateft 
 
 * confidence, muft tend to the real 
 
 * fervice of our moft gracious Sove- 
 
 * reign, and the welfare of his fub- 
 
 * jects in this province, and may hap- 
 '- pily prevent any fudden and uncon- 
 < nected meafures, which, in their 
 
 * prefent anxiety, and even agony of 
 
 * mind, they may be in danger of fal- 
 ' ling into. 
 
 ' And it is of importance that the 
 c convention ihould meet as foon as 
 ' may be ; fo early a day as the 
 
 * twenty-fecond of this inftant Sep- 
 ' tember, has been propofed for that 
 
 * purpofe ; and it is hoped the re- 
 
 * moteft towns will, by that time, or 
 
 * as foon after as conveniently may 
 
 * be, return their refpective com- 
 
 * mittees. 
 
 * Not doubting but you are equally 
 concerned with us and our fellow 
 citizens, for the prefervation of our 
 invaluable rights, and for the gene- 
 ral happineis of our country, and 
 that you are difpofed, with equal 
 ardour, to exert yourfelves, in every 
 conftitutional way, for fo glorious a 
 purpofe.' 
 The committee obferye, that it 
 does not appear to them that any 
 fteps were taken to fupprefs -thefe 
 ipeafures, or that they were noticed 
 of, by the council, or any of the 
 civil magiftrates. 
 
 The committee think it neceffary 
 here to infert the following extracts. 
 
 The firft extract is from his Ma- 
 jefiy's moft gracious Speech from the 
 throne, on the eighth day of Novem- 
 ber, 1768. 
 
 - " At the clofe of the laft Parliament, 
 I expreffed my fatisfaction at the ap- 
 pearances which then induced me 
 to believe, that fuch of my fubjects 
 as had been mifled in lome parts of 
 my dominions, were returning to a 
 juft fenfe of their duty ; but it is with 
 equal concern, that 1 have fince feen 
 
 that fpirit of faction, which I had 
 hoped was well-nigh extinguished, 
 breaking out af'rem in fome of my co- 
 lonies in North America^ and in one 
 of them proceeding even to acts of 
 violence, and of refiftance to the ex- 
 ecution of the law ; the capital town 
 of which colony appears, by late ad- 
 vices, to be in a ftate of difobedience 
 to all law and government, and has 
 proceeded to meafures fubverfive of 
 the conftitution, and attended with 
 circumftances that manifeft a difpoii- 
 tion to throw off their dependence on 
 Great Britain. On my part, I have 
 purfued every meafure that appeared 
 to be neceffery for fupporting the 
 conditutionj and inducing a due obe- 
 dience to the authority of the legifla- 
 ture ; you may rety upon my fteady 
 perfeverance in thefe purpofes> and f 
 doubt not but that, with your con- 
 currence and fupport, I mall be able 
 to defeat the mifchievous defigns of 
 thofe turbulent and feditious perfons, 
 who, under falfe pretences, have but 
 too fuccefsfully deluded numbers of 
 my fubjects in America, and whofe 
 practices, if fuffered to prevail, can- 
 not fail to produce the moft fatal con- 
 fequenees to my colonies immediately, 
 and, in the end, to all the dominions 
 of my crown." 
 
 The fecond extract is from yow 
 Lordihip's dutiful addrefs to his Ma- 
 jefty, on his faid moft gracious Speech. 
 '* We feel the moft fmcere con- 
 cern, that any of our fellow fubjects 
 in North America mould be mifled 
 by factious and defigning men, into 
 acts of violencej and of refiftance to 
 the execution of the law; attended 
 with circumftances that manifeft a 
 difpofition to throw off their depen- 
 dence upon Great Britain. At the 
 fame time, that we mall be always 
 ready to contribute to the relief of 
 any real grievance of your Majefty's 
 American fubjects, we moft unfeign- 
 edly gave your Majefty the ftrongeft 
 affuranccs, 
 
PRIOR DO 
 
 aflurances, that we mall ever zealoufly 
 concur in fupport of fuch juft and ne- 
 cefTary meafures, as may beft enable 
 your Majefty to reprefs that daring 
 ipirit of difobedience, and to enforce 
 a due fubmiffion to the laws ; always 
 confidering, that it is one of our rnoft 
 eflemial duties to maintain inviolate 
 the fupreme authority of the legifla- 
 ture of Great Britain over every part 
 of the dominions of your Majefty's 
 crown.'* 
 
 The third extract is from his Ma- 
 jefty's moft gracious anfwer to your 
 Lordfhip's addrefs. 
 
 (e Your zealous concurrence in every 
 meafure, that can bring relief to my 
 people, is well known to me ; nor do 
 I doubt of the attention that you will 
 always give to any real grievances of 
 my American fuhjecls. The ftrong 
 affurances I receive from you, at the 
 fame time of your determination to 
 vindicate fche juft legiflative authority 
 of Parliament, over all the dominions 
 of my crown, deferve my warmeft 
 approbation." 
 
 The committee find, that, on the 
 fifteenth of November, the Lord 
 Harwich acquainted the Houfe, that 
 he had received his Majefty's com- 
 mands to lay before the Houfe papers 
 relating to the late difturbances in 
 America ; and that the fame would 
 be laid before the Houfe in a few 
 days. 
 
 That accordingly, on the twenty- 
 eighth of November, the Lord Har- 
 wich laid before the Houfe, copies of 
 all letters, &c relating to the late 
 proceedings of the colony of the Maf- 
 fachufetts-Bay, together with a lift 
 thereof, which was read by the clerk. 
 
 That on the fifteenth of December, 
 the Houfe came to the following re- 
 folutions : 
 
 L Refolved, by the Lords Spiritual 
 and Temporal, in Parliament affem- 
 bled, that the votes, refolutions, and 
 proceedings, of the Houfe f Repre- 
 
 C U M E N T S. 243 
 
 fentatives of Maflachufetts-Bay, irj. 
 the month of January and February 
 laft, refpe&ing feveral late a&s of 
 Parliament, fo far as the faid votes, 
 refolutions, and proceedings , do im- 
 port a denial of, or to draw into quef- 
 tion, the power and authority of his 
 Majefty, by and with the advice and 
 confent of the Lords Spiritual and 
 Temporal, and Commons, in Parlia- 
 ment ailembled, to make laws an4 
 ftatutes of fufficient force and validity, 
 to bind the colonies and people of 
 America, fubjecls to the Crown of 
 Great Britain, in all cafes whatfo- 
 ever, are illegal, unconftitutional, 
 and derogatory of the rights of the 
 Crown and Parliament of Great Brir 
 tain. 
 
 If. Refolvedj by the Lords Spi- 
 ritual and Temporal, in Parliament 
 aflembled, that the refolution of the 
 faid Houfe of Reprefentatives of the 
 province of Maflachufetts-Bay, in 
 January laft, to write letters to the 
 feveral Houfes of Reprefentatives of 
 the Britifh colonies in the continent, 
 defiring them to join with the faici 
 Houfe of Reprefentatives of the pro- 
 vince of MafTachufetts-Bay, in peti- 
 tions, which do deny or draw into 
 queftion the right of Parliament to 
 impofe duties and taxes upon his Ma- 
 jefty's fubjecls in America ; and, in 
 purfuance of the faid refolution, the 
 writing fuch letters, in which certain 
 late ads of Parliament, impofing ifr- 
 ties and taxes, are ftated to be in- 
 fringements of the rights of his Ma- 
 jefty's fubje&a of the faid province, 
 are proceedings of a moft unwar- 
 rantable and dangerous nature, cal- 
 culated to inflame the minds of his 
 Majefty's fubje&s in the other colo- 
 nies, tending to create unlawful com- 
 binations repugnant to the laws of 
 Great Britain, and fufrverfive of the 
 conftitution. 
 
 III. Refolyed, by the Lords Spiri- 
 tual and Temporal, in Parliament af- 
 l i z /enabled $ 
 
244 
 
 PRIOR DOCUMENT 
 
 fembled, that it appears, that the cep t, by the feleamen of the town of 
 
 town of Bofton, in the province of Bofton," to each of the {"aid towns and 
 
 Maffachufetts-Bay, has, for fome time diftrifts, for the ekaion of fuch de- 
 
 paft, been in a ftate of great diforder puties, were proceedings fobverfive 
 
 and confufion ; and that the peace of of his Majefty's government, and 
 
 the faid town has, at feveral times, evidently manifefting a defign, in the 
 
 been difturbed by riots and tumults of inhabitants of the faid town of Bofton, 
 i-i.i- 
 
 a dangerous nature 
 
 to fet up a new and unconftitutional 
 
 in which the 
 
 officers of his Majefty's revenue there authority, independent. of the crown 
 
 have been obftrufted by a&s of vio- o f Great Britain, 
 lence, in the execution of the laws, yjn. Refolved, by the Lords Spi- 
 
 and their lives endangered. ritual and Temporal, in Parliament af- 
 
 IV. Refolved, by the Lords Spin- fembled, that the elections, by feve- 
 tual and Temporal, in Parliament af- r al towns and diftricls in the province 
 fembled, that it appears, that neither o f MafFachufetts-Bay, of deputies to 
 the council of the faid province of fit in the fame convention, and the 
 Mafiachufetts-Bay, nor the ordinary meeting of fuch convention in conie- 
 civil Magiilrates, did exert their au- quence thereof, were daring infults 
 thority for fupprefiing the faid riots offered to his Majefty's authority, 
 and tumults. and audacious usurpations of the 
 
 V. Refolved, by the Lords Spiri- powers of government. 
 
 tual and Temporal, in Parliament af- I t was then ordered, that an hum- 
 fembled, that, in thefe circumftances ble addrefs be presented to his Ma 
 of the province of the Maffachufetts- jefty, to return his Majefty thanks 
 Bay, and of the town of Bofton, the f or the communication which he has 
 prefervation of the public peace, and been gracioufly pleafed to make to 
 the due execution of the laws, be- his Parliament, of feveral papers re- 
 came impracticable, without the aid iative to public tran factions in his 
 of a military force to fupport and Majefty's provir.ee of Maffachufetts- 
 protecl the civil Magiftrates, and the 
 officers of his Majefty's revenue. 
 
 VI. Refolved, by the Lords Spiri- 
 tual and Temporal,' in Parliament af- 
 fembled, that the declarations, refo- 
 lutio-ns, and proceedings, in the town 
 meeting at Bofton, on the fourteenth 
 
 Of Tune, and twelfth of September, 
 
 1*1 t n " 1 1 
 
 Bay. 
 
 To exprefs our fincere fatisfaftion 
 in the meafures which his Majeity 
 has purfucd for fupporting the con- 
 ilitution, and inducing a due obe- 
 dience to the authority of the legif- 
 lature. 
 
 To give his Majefty the ftrongeft 
 
 were illegal and unconftitutional, and affurances, that we will erFedtually 
 
 calculated to excite fedition and in- 
 furreclions in his Majefty's province 
 of Ivlaffachufetts-Bay. 
 
 VII. Refolved, by the Lords Spiri- 
 tual and Temporal, in Parliament af- 
 fembled, that the appointment at the 
 town meeting, on the twelfth of Sep- 
 tember, of a convention to be held 
 in the town of Bofton, on the twen- 
 
 ftand by and fupport his Majefty in 
 fuch further meafures, as may be 
 found necefiary to maintain the civil 
 Magiftrates, in a due execution of 
 the laws, within his Majeftv's pro- 
 vince of MafTachufetts-Bay. 
 
 And as we conceive, that nothing 
 can be more immediately necellarv, 
 either for the maintenance of his 
 
 ty-fecond of that month^ to confift of Majefty's authority in the faid pro- 
 deputies from the feveral towns and vince, or for the guarding his Ma 
 diftrifts in the province of the Maffa- jefty's fubjects therein from being 
 ckufbtts Bay, and the irTuing a pre- funher deluded by the arts of wicked 
 
 ' and 
 
PRIOR DOCUMENTS. 245 
 
 and defigning men, than to proceed, Chancellor reported his Majefty's 
 
 in the moft fpeedy and effectual man- anfwer to the laid addrefs, as fol- 
 
 ner, for bringing to condign punifhr lows : 
 
 ment the chief authors and inftigators My Lords, and Gentlemen, 
 
 of the la.te difqrders, to beieech his " The fincere fatisfaftion you ex- 
 
 Majefly, that he will be gracioufly prefs in the meafures which I have a!- 
 
 pleafed to direct his Majefty's gover- ready taken, and the frrong aflurances 
 
 nor of Mafiachufetts-Bay, to take you give of fupporting me in thofe 
 
 the moil effectual methods for pro- which may be neceflary to maintain 
 
 curing the fulleft information that the juft legiflative authority, and the 
 
 can be obtained touching all treafons, due execution of the laws in my pro- 
 
 or mifprifion of treaibn, committed vince of MafTachufetts-Bay, give me 
 
 within his government fince the thir- great pleasure. 
 
 tietb. of December raft, and to tranf- 
 mit the fame, together wit!) the 
 names of the perfons who were moft 
 .active in the com minion of fuch of- 
 
 *f I fhall not fail to give thofe or- 
 ders which you recommend, as the 
 moft effectual method of bringing the 
 authors of the late unhappy diforders 
 
 fences, to one of his Majefty's prin- in that province to condign punifu- 
 cipal Secretaries of State, in order ment." 
 
 that his Majefty may iffue a fpecial 
 commifiion for enquiring of, hearing 
 and determining the laid offences, 
 
 Which addrefs and anfwerwere or- 
 dered to be printed. 
 
 It doth not appear to the commit- 
 
 within this realm, purfuant to the tee, that the cenfure of the proceed- 
 
 psovilions of the ftatute of the thirty- 
 tfftn year of the reign_ of King 
 Henry the Eighth, if his Majefty 
 {hall, upon receiving the faid infor 
 
 ings in the province of Maffachufetts- 
 Bay, and of the conduct of the coun- 
 cil and other civil raagiftrates, ex- 
 preffed by both Houfes of Parliament 
 
 batioa of the meafure of fending 
 was fent to the troops thither, to fupport and pro- 
 
 mation, fee i'umcient ground for fuch in their refolutions, and their appro- 
 
 * i'/-i /- >,-.*.. 
 
 a proceeding. 
 
 And a meffage 
 
 Houfe of Commons, to carry down tect the magiftrates, and the officers 
 the faid refolutions and addrefs, and of the revenue, produced the good ef- 
 fect that might reafonably have been 
 hoped for; a difpofition to deny the 
 
 7769, the Lord Harwich, (by his authority, and reiift the laws, of the 
 Majefty's command) laid beiore the fupreme Jegiflature, continued ftill to 
 Houfe more copies of letters relating prevail, not only in flagitious publi- 
 to America, which were ordered to cations in the daily news-papers, but 
 
 alfo in a variety of violent and un- 
 warrantable refolutions and proceed- 
 ings of thofe merchants and others, 
 
 Jdeiire their concurrence thereto. 
 On the twentieth of January, 
 
 lie on the table. 
 
 On the 9th of February, the refo- 
 lutions and addrefs, lent to the Com- 
 mons on the 1 5th of December laft, who had fubfcribed to the agreements 
 for their concurrence, were returned, 
 agreed to, with fome amendments, 
 
 for non-importation of goods 
 Great-Britain. 
 
 from 
 
 which were read and agreed to, and 
 notice thereof fent to the Commons ; 
 
 Meetings of the afTociarors were re- 
 prefented to have been held in as re- 
 
 and the faid addrefs was ordered to gular a manner as any other meeting- 
 
 - 1"1\jT*/Ll_ < L^t_ ''Pit 1 ",. . O 
 
 be prefented to his Majefty by both 
 jHoufes. 
 
 authorised by the conftitution. Com- 
 mittees were appointed to examine the 
 
 On the 1 4th of February, the Lord cargoes of all ve/fels arriving from 
 
 Great- 
 
PRIOR DOCUMENTS, 
 
 Great -Britain, and regular votes and 
 resolutions of cenfure were pafTed in 
 thofe meetings, upon all fuch as re- 
 fufed to concur in thofe unlawful af- 
 ibciations ; their names were publiihed 
 in the public news papers^ as enemies 
 fo their country ; and the mandates 
 and decrees of thofe committees met 
 with a refpect and obedience denied 
 to the conilitutional authority of go- 
 vernment. 
 
 In fome cafes goods imported from 
 Great-Britain, were locked up in 
 warehoufes, under the care of thefe 
 committees, in order to prevent their 
 being fold ; and, in one or two in- 
 ftances, they were re-lhipped to Great 
 Britain. 
 
 On the 3 1 ft of May, 1769, the ge- 
 neral court met a: the court-houfe at 
 Bofton, purfuant to his Majefty's 
 writs, and the firft ftep the aiTembly 
 took, before they proceeded on any 
 other bufmefs, was to fend a meiTage 
 to the governor, afferting, that the 
 having ihips in the harbour, and 
 troops in the town of Bofton, was 
 Inconiiftent with their dignity and 
 freedom ; and therefore, that they 
 iiad a right to exped, that he would 
 give orders for the removal of the 
 forces by fea and land from that 
 port, and from the gates of the city, 
 during the feflion of the aflembly ; 
 and, at the fame time, the Houfe 
 came to feveral refolutions to the 
 fame effect, as the declarations con 
 t?ined in their meflage to the gover- 
 nor. 
 
 The governor having, in reply to 
 their meiTage, acquainted them, that 
 he had no authority over his Majef- 
 ty's (hips in that port, or his troops 
 in that town, nor could give any or- 
 ders for the removal of them, they 
 then, proceeded to the eledion of 
 counfeilors, in which ele&ion, not on- 
 ly the lieutenant-governor, and other 
 officers of government were excluded, 
 but alio feveral other gentlemen, who 
 
 had been of the former council, an4 
 who (the governor reprefents) ihewed 
 a difpofuion to fupport the King's 
 government, to acknowledge the au- 
 thority of parliament, and topreferve 
 the people fron; a dempcratical def- 
 potifm, and were otherwife diftin- 
 guifhed by their integrity and ability. 
 
 On the i3th of June, the aflembly 
 fent an anfwer to the governor's mef- 
 fage of the 3 1 ft of May, in which he 
 had told them he had no authority 
 over the King's Ihips, or troops. 
 
 In this anfwer they affert, that, 
 " By the principles of the conftitu- 
 tion, the governor of that colony has 
 the abfolute military command ; that 
 the fending a military force there, to 
 enforce the execution of the laws, is 
 inconfiftent with the nature of govern- 
 ment, and the fpirit of a free con- 
 ftitution ; that the unwillingnefs of a 
 people in general that a law mould be 
 executed, was ftrong prefumption of 
 its being an unjuft law; that it could 
 not be their law, as the people muft 
 confent to laws before they can be 
 obliged, in conicience, to obey them." 
 
 It appears, by a vote of the af- 
 fembly, on the 8th of July, that they 
 have declared, that all trials for trea- 
 fon, mifprifion of treafon, or for any 
 felony, or crime whatever, committed 
 or done in that colony, ought, of 
 right, to be had and conducted with- 
 in the courts of the colony ; and that 
 the feizing any perfon or perfons, re- 
 iiding in that colony, fufpecled of any 
 crime whatfoever committed therein, 
 and fending fuch perfon or perfons 
 to places beyond the fea to be tried, 
 is highly derogatory of the rights of 
 Britiih fubje&s, as thereby the inef- 
 timable privilege of being tried by 
 a jury from vicinage, as well as the 
 liberty of fummoning and producing 
 witneffes on fuch trial, will be taken 
 away from the party accufed. 
 
 On the 6th of April 1770, 3 bill 
 was brought up from the Houfe of 
 
 Com- 
 
PRIOR DO 
 
 Commons to your Lordfhips, intitu- 
 led, " An aft to repeal fo much of 
 an aft, made in the feventh year of his 
 prefent Majefty's reign, intituled, 
 *' An aft for granting certain duties 
 in the Britifh colonies and plantations 
 in America, for allowing a drawback 
 of the duties of cuftoms, upon the 
 exportation from this kingdom, of 
 coffee and cocoa nuts, of the produce 
 of the faid colonies or plantations ; 
 for difcontinuing the drawbacks pay- 
 able on china earthen ware, exported 
 to America, and for more effeftually 
 preventing the clandeftine running of 
 goods in the faid colonies and plan- 
 tations;*' as relates to the duties upon 
 glafs, red lead, white lead, painters 
 colours^ paper, pafteboards, mill- 
 boards, and fcaleboards, of the pro- 
 duce or manufacture of Great Bri- 
 tain, imported into any of his Ma- 
 jefty's colonies in America; and alfo 
 to the difcontinuing the drawbacks 
 payable on china earthen ware ex- 
 ported to America, and for regulating 
 the exportation thereof." 
 
 Which bill received the royal affent 
 on the 1 2th of April. 
 
 On the 30th of April it was order- 
 ed, That an humble addrefs fliould 
 be prefented to his Majefty, that he 
 would be gracioufly pleafed to give 
 directions, that there be laid before 
 this Houfe copies of all narratives of 
 any difputes or difturbances which 
 have happened between his Majefty's 
 troops, itationed in North America, 
 and the inhabitants of any of his Ma- 
 jefty's colonies there, fince the 24th 
 day of June laft, received by the 
 commiflioners of his Majefty's trea- 
 fury, any of his Majeily's fecre- 
 taries of ftate, or any other public 
 offices, together with copies of all 
 orders and inftruftions fent to the 
 governors, lieutenant-governors, de- 
 puty governors, prefidents of the 
 council of any of his Majefty's colo- 
 nies in North Amerka, or to the 
 commander ia chief of his Majefty's 
 
 C ti M E N T S. 247 
 
 forces, or afty officer, civil or riiilitary, 
 within the fame, relative to fuch dif- 
 putes or difturbances. / 
 
 And that on the 4th of May, the 
 Lord Harwich, by his Majefty's com- 
 mand, laid before the Houfe feveral 
 papers relative to the late difturbances 
 in America, purfuant to an addrefs to 
 his Majefty for that purpofe, on the 
 3Oth of April laft, together with a lift 
 thereof, which were ordered to lie on 
 the table. 
 
 The committee find, That on the 
 yth of May, the Lord Harwich laid 
 before the Houfe, by his Majefty's 
 command, a narrative of the late 
 tranfaftions at Bofton, and the cafe 
 of Captain Thomas Prefton, of the 
 29th regiment of foot, which had been 
 tranfmitted to his Lordfhip from the 
 War-office ; and the fame were order- 
 ed to lie on the table. 
 
 On the 1 4th of May, it was order- 
 ed, That an humble addrefs mould 
 be prefented to his Majefty, that he 
 would be gracioufly pleafed to give 
 directions that there be laid before 
 this Houfe copies of the Earl of Hillf- 
 borough's letter of the i3th of May 
 1769, to the governors of the feveral 
 colonies of North America, together 
 with the fpeeches of the governors re- 
 ferring to the faid letter, and the 
 anfvvers of the alTemblies to the fame, 
 fo far as they have been received. 
 
 And, on the I5th, the Lord Har- 
 wich laid before the Houfe, by his 
 Majefty's command, copies of the Earl 
 of HiiJfborough's letter of the i3th 
 of May 1769, to the governors of 
 the feveral colonies of North Ameri- 
 ca, together with the fpeeches of the 
 governors referring to the faid letter ; 
 and the anfwers of the afiemblies to 
 the fame, fo far as they have been 
 received, together with a lift thereof, 
 which were ordered to He on the ta- 
 ble ; and the fame, with the other 
 America papers prefented in this fef- 
 fion, were alfo ordered to be taken 
 
 into 
 
PRIOR DOCUMENTS. 
 
 into consideration on Friday next, and 
 the Lords fummoned. 
 
 The committee find, by lieutenant 
 governor Hutchinfon's letter, of the 
 27th of March 1770, that when the 
 troops were in the town, the commif- 
 iioners of the cuftoms were fenfible 
 they could have no dependence upon 
 them ; for if any riot had happened, 
 no civil magiftrate, that he knew, 
 would have employed them in fup- 
 preffing it ; thofe who from a princi- 
 ple would have been difpofed to it, 
 refuting, and giving this reafon, that 
 they muft immediately after have left 
 the country ; and that juit the fame 
 principles prevailed with refpect to 
 the troops which were faid to be un- 
 conftitutional, although eftablifhed by 
 an act of parliament, it being alledged 
 that it was an act which did not bind 
 colonifts. 
 
 Lieutenant- Governor Hutchinfon, 
 in his letter to the Earl of Hillfbo- 
 rough, April the twenty-feventh, 
 1770, complains, " That he has ne- 
 ver been able to obtain the advice or 
 confent of the council, to any pro- 
 pofal made for the difcountenancing 
 the ufurpation of the powers of go- 
 vernment by the town of Bofton ; 
 that he had ufed the negative powers 
 given him by charter, in excluding 
 Mr. Hancock from being Speaker 
 pro tempore, and Mr. Coming from 
 the office of commifTary general, to 
 which offices they had been elected ; " 
 but adds, " That this was doing but 
 little, as he could not remove any of 
 thofe who were actually in office, 
 forne of whom were more inflam- 
 matory than any out of office. " He 
 further fays, " That they were then 
 attempting to compel all the impor- 
 ters of what they call the contraband 
 goods, to fend them back, and that 
 he was not fare they would not fuc- 
 ceed : that all goods which they have 
 not enumerated, are called contra- 
 band. That tea from Holland may 
 
 lawfully be fold : that \i is a high 
 crime to fell any from England : that 
 Mr. Hancock offered to fend one or 
 more of his mips back, and to lofe 
 the freight : that feveral of the im- 
 porters pleaded, that they mould 
 be utterly ruined ; but that the Bof- 
 ton zealots had no bowels ; and gave 
 for anfwer, that if a fhip was to 
 bring in the plague, nobody would 
 doubt what was neceffary to be done 
 with her j but the prefent cafe is 
 much worfe than that. In the fame 
 letter, the Lieutenant- Governor ob- 
 ferves, that the Bofton principles ob- 
 tain more and more in the remote 
 parts of the province, and the repre- 
 fentatives of feven-eighths of the 
 town appear, in the prefent feffion, 
 to be favourers of the nonimportation 
 meafures: that their internal dif- 
 trefTes may, in a courfe of years, 
 force them to defift ; but that the 
 diftrefs at prefent, and it may be for 
 fome time to come, lies principally 
 upon the friends to government, who'' 
 run the rifk of importing goods, and 
 then are compelled by the ruling 
 powers to keep them unfold, or to 
 ihip them back : that he made *an ' 
 attempt that day to prevail upon a 
 merchant of the firft eftate and cha- 
 racter, to induce him to promote an 
 affociation, but to no purpofe; and 
 that he gave him for anfwer, that 
 until Parliament made provifion for 
 the punUhment of the confederacies, 
 all would be ineffectual, and the af- 
 fociates would be expofed to popular 
 rage." He obferved further, " That 
 the lafl year, when the King's 
 Speech, and the addrefles of the 
 Lords, and of the Houfe of Com- 
 mons, firft came to them, the heads 
 of the oppofidon were Struck with 
 terror, and the feditious news-paper 
 writers laid afide their pens for five 
 or fix weeks ; but as foon as the ap- 
 preheniion of vigorous meafures ceaf- 
 ed, thsir fears were over, and they 
 
 became 
 
PRIOR DO 
 
 became more a/Turning and tyranni- 
 cal than before j and although the 
 terror was not fo great the prefent 
 year, yet it was vifible; but now 
 that they expeft nothing will be 
 done, they are recovering their fpi- 
 rits, knowing there is no power 
 within the government to retrain 
 them. 
 
 The refinance to the cuftom-houfe 
 officers ftill continued to manifeft it- 
 felf upon every occafion ; in confe- 
 quence of which, on the eighteenth 
 of May 1770, a tidefman ot the cuf- 
 toms, who had feized a fmall coaft- 
 ing veiTel, belonging to Connecticut, 
 and a few calks of fugar, for breach 
 of the ads of trade, in the evening, 
 was feized, ftripped, and carted a- 
 bout the town, for three or four 
 hours, befmeared with tar, and then 
 covered with feathers, and followed 
 by a great number of diforderly peo- 
 ple. 
 
 The committee do not find, in 
 your Lordfhips journals of the years 
 1771 and 1772, any material pro- 
 ceedings relative to the matters to 
 them referred. 
 
 Though, in the year 1771, things 
 remained tolerably quiet in the pro- 
 vince of MaiTachufetts-Bay, yet the 
 difpofition to difavow the authority 
 of Parlinment occaiionally broke out 
 in the Houfe of Affembly and town 
 meetings ; accordingly, in an anfwer 
 from the Houfe of Reprefentatives, 
 to a meflage from the Governor, on 
 the fifth of July 1771, they fay, that 
 '' They know of no commiffioners of 
 his Majefty's cuftoms, nor of any re- 
 venue his Majelty has a right to eila- 
 Wiih in North America ; that they 
 know and feel a tribute levied and 
 extorted from thofe who, if they have 
 property, have a right to the abfolute 
 difpofalof it." 
 
 At the fame time the difpofition 
 to import goods, in defiance of the 
 iaws of revenue and trade, and to 
 
 C U M E N T S. 249 
 
 fupport fuch iniquitous practices by 
 infults and open violences upon the 
 officers, whofe duty it is to carry the 
 faid laws into execution, broke out 
 upon many occafions ; and, as ufual, 
 the magiftrates declined giving their 
 afiifcance and fupport, though applied 
 to for that purpofe, which appears 
 in the cafe of Arthur Savage, comp- 
 troller of his Majefty's cuftoms at Fal- 
 mouth, who was forcibly taken out 
 of his houfe in the night, by feveral 
 perfons difguifed, and armed with 
 piftols, and other dangerous wea- 
 pons, who put him in the utmoft 
 danger of his life, and not only ob- 
 liged him to divulge the name of 
 the perfon who had lodged an infor- 
 mation, but alfo to fwear the truth 
 of his information ; declaring at the 
 fame time, that if he difcovered who 
 they were, they would take his life ; 
 and that, upon his application to the 
 juftices, who were then fitting, they 
 declined the examination of the evi- 
 dence he brought to prove the. faft. 
 
 Things remained much in the fame 
 ftate in the year 1772 ; the continued 
 ill temper of the people at Bofton.-, 
 was mannifefted by their inftruclions 
 to their Reprefentatives. - 
 
 Upon the news of his Majefty's 
 granting falaries to the juftices of the 
 fuperior court, the moft inflammatory 
 pieces were publilhed in the news- 
 papers, and the feleftmen of Bofton 
 ordered a meeting to confider of mea- 
 fures upon that occafion, which meet- 
 ing voted an addrefs to the Gover- 
 nor, in which they fay, ** That the 
 freeholders and other inhabitants of 
 the town of Bofton, legally aflem 
 bled in Faneuii Hall, beg leave to ac- 
 quaint his Excellency, that a report 
 has prevailed, which they have rea- 
 fon .to apprehend is well grounded ; 
 that ftipends are affixed to the offices 
 of the judges of t;.e fuperior court of 
 judicature, &c. of this province, 
 whereby they are become ifldepen- 
 K k dent 
 
PRIOR DOCUMENTS. 
 
 dent of the grants of the general 
 afTembly for their fupport; contra- 
 ry to the ancient and invariable 
 ufage. " 
 
 " That this report has fprtad an 
 alarm among all confiderate perfons 
 who have heard of it, in town and 
 country, being viewed as tending 
 rapidly to corripleat the fyftem of 
 their flavery, which originated in 
 the Houfe of Commons of Great 
 Britain, a/Turning a power and au- 
 thority to give and grant the monies 
 of the colonifts without their confent, 
 and againft their repeated fernon- 
 ftrances. And as the judges hold 
 their places during pleafure, this ef- 
 tablimment appears big with fatal 
 evils, fo obvious that it is lieedlefs to 
 trefpafs on your Excellency's time; 
 in mentioning them. " 
 
 The town meeting afterwards ap- 
 pointed a committee of correfpon- 
 dence, to write circular letters to all 
 the towns in the province, to induce 
 them to unite in xneafures upon that 
 occafion, which committee met the 
 fecond of November, 1772, and 
 made a report, containing ieveral re- 
 folutions, contradictory to the fu- 
 premacy of the Britiih legiflature : 
 and, after fetting forth, that ail men 
 have a right to reihain in a Hate of 
 nature as long as they pleafe, they 
 -proceed to draw a report upon the 
 natural rights of the colonifts as men, 
 chriftians and fubjedts, and from a 
 lift of infringements and violations of 
 their rights ; one of the firil of which 
 contains an afTertion, that the Bri- 
 tifh Parliament have aiTumed the 
 powers of legiflation for the colonies, 
 in all cafes whatsoever, without ob- 
 taining the con lent of the inhabi- 
 tants, which is ever eflentially necef- 
 fary to the rightful eltablifhment of 
 fuch a legiflature. 
 
 They alfo confider it as an infringe- 
 ment of their rights, that a number 
 of new officers, unknown to the 
 
 charter, have been appointed to fu- 
 periritend the revenues, whereas the 
 great and general court, or aflembly 
 of that province, had the fole right 
 of appointing all civil officers, th 
 ele&ion and conftitution of whom is, 
 in the faid charter, exprefsly except- 
 ed, among whom thefe officers arc 
 not included. 
 
 They likewife complain of it as a 
 grievance, that his Majeiry has been 
 pleafed to apply 15007. fterling an- 
 nually, out of the American revenue, 
 for the fupport of the government of 
 this province, independent of the af- 
 .fembly, and that the judges of the 
 Superior court, as alfo the King's 
 Attorney and Solicitor General, are 
 to receive their fupport from what 
 they call this grievous tribute, \vhich 
 they fay will, if accompliihedj com- 
 pleat their flavery. 
 
 Six hundred copies of this report 
 were circulated in the towns of the 
 province, with a pathetic letter ad- 
 drefTed to the inhabitants, who are 
 called upon not to doze any longer^ 
 or fit liipinely in indifference, whilfl 
 the iroa hand of oppreffion is daily 
 tearing the choiceit fruits from the 
 fair tree of liberty. 
 
 On the fixth of May, a mefTage 
 was brought from the Houfe of Com- 
 mons to your Lordinip&, with a Bill, 
 intituled, ' An acl to allow a draw* 
 back of the duties of cuitoms, on the 
 exportation of tea, to any of his Ma- 
 jeity's colonies or plantations in A- 
 merica, to increale the depofit on 
 bohea tea, to be fold at the Baft 
 India Company's fales, and to im-v 
 power the commiflioners of the trea- 
 iury, to grant licences to the Eaft 
 India Company to export tea, duty- 
 free, " which Bill received the Royal 
 Aiient on the tenth of May. 
 
 It appears to the committee, in the 
 anfwer of the council to the Gover- 
 nor's Speech, at the opening of the 
 fefiion, that they declare they are of 
 
 opi- 
 
PRIOR DO 
 
 opinion, that the Parliament can- 
 not conftitutionally levy taxes, in 
 any form, on his Maj city's fubje&s in 
 that province. 
 
 And the Houfe of Reprefentatives, 
 upon the fame occalion, declare, that 
 if there had been, in any late in- 
 ftances, a fubmiilion to afts of Par- 
 liament, it Jias been, in their opi- 
 nion, rather from inconfidenidon, or 
 a relu&ance at the idea of contending 
 with the parent Hate, than from a 
 conviction or acknowledgement of 
 the fupreme legiflative authority of 
 parliament. 
 
 The committee of correfpondence 
 appear to have ufed their utmoft en- 
 deavours to work up the minds of 
 the people, not only of their own, 
 but alfo of the fouthern governments, 
 to prevent the importation of teas 
 from the Eaft India Company ; and 
 accordingly, on the third of Novem- 
 ber, 1773, a mob, of about five 
 hundred perfans committed feveral 
 outrageous ats of violence, againft 
 the perfons to whom it was iufpecled 
 the tea in queftion would be con- 
 figned, infilling that they fhould en- 
 gage and promife not to receive or 
 ieli it ; that if they did, they would 
 be voted enemies to their country, 
 and muft expect to be treated as fuch 
 hereafter. They then forced open 
 the doors of the ware-houfes of Mr. 
 Clark, and tore them off the hinges, 
 and entered with great violence, at- 
 tempting to force their way up to the 
 compting hpufe, but were driven back 
 by the perfons who were in it. 
 
 A committee then of the free- 
 holders, and other inhabitants, at- 
 tended Meffieurs Thompfon and Eli- 
 Iha Hutchinfon, fuppofed to be two 
 of the confignees, and requefled them 
 to refign their appointment ; and up- 
 on their refilling, voted their anfvver 
 unfatisfadory. Governor Hutchinfon 
 did every thing in his power, without 
 the council, for the prefervation of 
 
 C U M E N T S. 25; 
 
 the peace and good order of the town* 
 and thought, that if he had had the 
 aid the council might have given, 
 his endeavours would have been more 
 effeaual. 
 
 On the 1 7th of November, 1773, 
 a large number of people befet the 
 houfe of Mr. Hutchinfon, but not 
 finding him at home, proceeded to 
 Mr. Clarke's, another of the con- 
 figneQS, where they committed great 
 diforders, broke the glafTes and frames 
 of the windows, and did confidera- 
 ble damage. After this riot, the 
 Governor immediately fummoned a 
 council, and laid before them the ne- 
 ceffity of fome meafures being taken, 
 but the council declined advifmg or 
 directing any meafures for landing 
 the tea, fuggefting that they then 
 would, of courle, advife to a mea- 
 fure for procuring the payment of the 
 duty, and therefore be advifmg to a 
 meafure inconfiftent with the declared 
 fentiment of both Houfes, in the laft 
 winter feflion of the general court, 
 which they apprehend to be alto- 
 gether inexpedient and improper. 
 
 After the arrival of a ihip loaded 
 with tea, a meeting of the people of 
 Boiton, and the neighbouring towns, 
 was held on the 29th of November, 
 and continued, by adjournment, till 
 next day, when a motion was made 
 and agreed to, mm. con. that the tea. 
 fhould not only be fent back, but that 
 no duty fhould be paid thereon. 
 
 It was alfo voted, mm. con. that 
 Mr. Rotch, owner of the vefTel, and 
 Captain Hall, the matter of the fhip, 
 at their peril, mould not fuffer any 
 of the tea to be landed. It was alfo 
 voted, That Governor Hutchinfon's 
 conduct, in requeuing the Juftices of 
 peace to meet to fupprefs all riots 
 and unlawful afTemblies, carried a de- 
 figned reflection upon the people there 
 met, and was folely calculated to ferve 
 the views of adminiftration. They 
 afterwards voted, that the tea brought 
 
 Kk 2 by 
 
2S 2 PRIOR 
 
 by Captain Hall fhpuld be returned 
 by Mr. Rotch to England, in the 
 fame bottom in which it came. It 
 was alfo voted, nem. con. That fix per- 
 fons Ihould be appointed to give due 
 notice to the towns in the country ; 
 when they mould be required ib to do 
 upon any important occaiion. 
 
 They alfo refolvcd, That if any 
 perfon or perfons ihould, hereafter, 
 import any tea from Great Britain, 
 or if any mailer or mailers of any 
 veffels in Great Britain ihould lake 
 the fame on board, to be imported 
 to that place, until the (aid unrighte- 
 ous aft mould be repealed, he or they 
 ihould be deemed, by that body, an 
 enemy to his country ; and that they 
 would prevent the landing and fale 
 of the fame, and the payment of any 
 duty thereon; and that they would 
 effect the return thereof to the place 
 from whence it came, 
 
 They 'alfo refolvcd, That thefe. 
 
 their votes be .primed and fent to 
 
 England, and all the fea ports in the 
 
 province. Before they feparated, they 
 
 a, that their brethren in the 
 
 ihould be defirea to give their 
 
 .ince, upon the firft notice that 
 
 . i be given. 
 
 die diiiblution of this affem- 
 
 5, what is called the 
 
 . rrc.fpondence called in 
 
 ( .5 or otner towns, or other 
 
 ; jin with them; kept up 
 
 watch and guard every 
 
 it, to prevent the landing any 
 
 appeared to be the execu- 
 
 the refolves, and orders, 
 
 p;": . ;t the aforefaid affembly. 
 
 Coniignees having retired to 
 the Cairle, the owner of the ril ihip 
 that arrived was the principal p^rion 
 applied to ; and he was fent for re- 
 peatedly by thefe committees, and 
 was frequently required to fend back 
 the fhip with the teas. He pleaded, 
 that he could not obtain a clearance 
 at the cuit.om houfe, nor a pafs for 
 
 DOCUMENTS. 
 
 the caftle ; and that if he mould be 
 able to get the fhip out of the har- 
 bour, both fliip and cargo would be 
 forfeited in every part of the King's 
 dominions. This was not thought 
 fatisfadory, and the next morning, 
 another affembly of the people met, 
 and chofe a moderator. At this 
 meeting it was determined that Mr. 
 Rotch, the owner of the fhip, fhould 
 demand, at the cuftom -houfe, a clear- 
 ance of the teas for England, which 
 was done the 1 5th, when the col- 
 lector and comptroller refufed to 
 grant it. 
 
 He then was obliged to demand a 
 permit from the naval office to pafs 
 the caftle ; afterwards he was Tent to 
 the governor to apply to him for the 
 permit, who foon fatisfied him that 
 no permit could be granted, until the 
 veffel was regularly cleared : he re- 
 turned to town that evening, and re- 
 ported this anfwer to the meeting. Im- 
 mediately whereupon, numbers of the 
 people cried out, a mob ! a mob ! left 
 the houfe, repaired to the wharfs, 
 where three of the veffels lay a-ground, 
 having on board 340 chefts of tea, 
 and in two hours time it was totally 
 deilroyed ; a iiifficient number of peo- 
 ple for doing the work were difguiied, 
 and thefe were furrounded by num- 
 bers, as well of the inhabitants of Bof- 
 ton as of other towns. 
 
 The committee obferves that many 
 perfons of confideration in the town 
 of Bofton took the lead in the pro- 
 ceedings .of this meeting, for whofe 
 names they beg leave to refer your 
 Lord {hips to the papers themfelves. 
 
 On the ^tli cf March 1774, the 
 Earl of* Dartmouth acquainted the 
 Houfe, that his Majefty had given 
 directions, That the ieveral papers 
 received from America relating to 
 the disturbances there, with regard 
 to the importation of tea, Ihould be 
 laid before the Houfe, and that the 
 fame would be delivered on Monday 
 next. 
 
PRIOR DO 
 
 The Earl of Dartmouth acquainted 
 the Houfe, That he had a meffage 
 from his Majefty, under his royal 
 fign manual, which his Majefty had 
 commanded him to deliver to this 
 Houfe ; and the fame was read by 
 the Lord Chancellor, and is as fol- 
 lows, viz. 
 
 GEORGE,^. 
 
 <l His Majefty, upon information 
 of the unwarrantable practices which 
 had been lately concerted and carried 
 on in North America, and particular- 
 ly of the violent and outrageous pro- 
 ceedings at the town and port of Bof- 
 ton, in the province of Maffachu- 
 fetts-Bay, with a view to obftrucling 
 the commerce of this kingdom, and 
 upon grounds and pretences imme- 
 diately fubverfive of the conftitution 
 thereof, hath thought fit to lay the 
 whole matter before his two Houfes 
 of Parliament, fully confiding as well 
 in their zeal for the maintenance of 
 his Majefty's authority, as in their 
 attachment to the common intereft 
 and welfare of all his dominions, that 
 they will not only enable his Ma- 
 jsfty effectually to take fuch mcafures 
 as may be moft likely to put an im- 
 mediate ftop to the prefent diforclers, 
 but will alfo take into their moft fe- 
 rious confideration what farther re- 
 gulations and permanent provifions 
 may be necefiary to be eftabliihed, 
 for better fecuring the execution of 
 the laws, and the juft dependence of 
 the colonies upon the crown and par- 
 liament of Great Britain." 
 
 G. R. 
 
 The Earl of Dartmouth alfo (by 
 his Majefty's command) laid before 
 the Houfe copies of all letters, &c.' 
 received from North America, relat- 
 ing to the diflurbances there, with re- 
 gard to the importation of tea, to- 
 gether with a lift thereof. 
 
 It was ordered, That an humble 
 addrefs be prefented to his Majefty, 
 tp return his Majefty the thanks of 
 
 C U M E N T 5. 253 
 
 this Houfe, for his Majefty's gracious 
 merTage, and for the communication 
 his Majefty hath been gracioufly pleaf- 
 ed to make to this Houfe, of fcveral 
 papers relative to the prefent ftate of 
 fome of his Majefty's colonies in North 
 America. 
 
 To allure his Majefty that this 
 Houfe, truly fenfible that the peace 
 and good government of the colonies, 
 and the preventing any obftruftions 
 there to the commerce of diis king- 
 dom, are objects of their moft feri- 
 ous attention, will enter upon the 
 confideration of thefe papers with an 
 earneft defire to make fuch provifions 
 as, upon mature deliberation, mall 
 appear neceffary and expedient for 
 fecuring the juft dependence of the 
 faid colonies upon the crown and par- 
 liament of Great Britain, and for en- 
 forcing a due obedience to the laws 
 of this kingdom throughout all his 
 Majefty's dominions : and the faid 
 papers, and his Majefty's moft gra- 
 cious fpeech, were likewife ordered to 
 be taken into confideration on Thurf- 
 day fevennight; and the Lords fum- 
 moned. 
 
 On the nth of March, the Earl 
 of Dartmouth (by his Majefty's com- 
 mand) laid before the Houfe more 
 papers from America, relating to the 
 difturbances there, with regard to the 
 importation of tea, together with a 
 lift thereof; and the fame was read, 
 and ordered to lie on the table, and 
 to be taken into confideration on 
 Thurfday next. 
 
 On the 26th of March, a me/Tag* 
 was brought from the Houfe of Com- 
 mons, with a bill, entituled, " An 
 aft to difcontinue, in fuch manner, 
 and for fuch time, as are therein men- 
 tioned, the landing and difcharging, 
 lading, or fhipping, of goods, wares, 
 and merchandife, at the town, and 
 within the harbour of Bofton, in the 
 province of Mafiachufetts Bay, in 
 North America. 
 
254 PRIOR DO 
 
 On the 28th of March, a petition 
 of Mr. Sayer and others, natives of 
 America, was prefented and read, 
 praying, that the faid bill may not 
 pafs into a lav/, which was ordered 
 to lie on the table. Then the Houfe 
 took into confideration the feveral 
 papers, and his Majefty's moft gra- 
 cious meffage; and the faid bill wa.s 
 read a fecond time, and committed. 
 
 On the 3Oth of March, a petition 
 of William Bolland, Efq; agent for 
 the council of the province of MarTa- 
 chufetts-Bay, was prefented to the 
 Houfe and read ; he was called in, 
 and heard at the Bar ; and being with- 
 drawn, the faid bill was read a third 
 time, and paffed nem. dijf. and re- 
 ceived the Royal alfent on the follow- 
 ing day. 
 
 It appears to the committee, that, 
 on the 25th of January, a great 
 number of rioters in the town of 
 Bofton, committed a moft inhuman 
 2& of violence upon the perfon of 
 John Malcorn, a preventive Officer 
 for the port of Falmouth in Cafco- 
 bay, who had lately feized a venel in 
 that pert for want of a regifter : no 
 complaint of irregularity was made 
 againfl him ; but it was thought pro- 
 per, by the above rioters, to puniih 
 him by tarring and feathering him, 
 (but without' flapping him) and car- 
 rying him about in derifion. This 
 unfortunate man having afterwards 
 been frequently hooted at in the 
 ftrects was provoked, on the 25th, 
 by a tradefman, who, he alledged, 
 had feveral times before affronted 
 him, to {hike hiiii with his cane, 
 in con fequence of which a war- 
 rant was iiTued rigainft him ; but the 
 conftable not being able to find him, 
 a mcb gathered about his houfe in 
 the evening, and having broke his 
 windows, he pufhed thro' the b;oken 
 windows with his fword, and gave a 
 flight fcratch to one of the aiTailants; 
 ioen after which the mob entered hi* 
 
 C U M E N T S. 
 
 houfe, lowered him by a rope from 
 an upper chamber into a cart, tore 
 his cloaths off, tarred his head and 
 body, feathered him, and dragged 
 him through the main ftreet into 
 King ftreet, from thence to Liberty 
 Tree, and from thence, to the Neck, 
 as far as the gallows, where they 
 whipped him, befit him with fticks, 
 apfd threatened to hang him. Hav- 
 ing kept him under the gallows a- 
 bove an hour, they carried him back 
 in the fame manner to the extremity 
 of the north end of the town, and 
 returned him to his own houfe, and 
 fo benumbed by the cold, having 
 been naked near four hours, and fq 
 bruifed, that his life was defpaired 
 of. It appears that none but the 
 lovveft clafs of the people were fuf- 
 pecled of having been concerned in 
 it, and that Mr. Malcom having for 
 fome time before been threatened by 
 the populace with revenge for his free 
 and open declarations "again ft the late 
 proceedings, had occafionally, indif- 
 creetly, given them provocation. 
 
 The Houfe of Reprefentatives of 
 Maffachufetts-Bay, on the firft of 
 February, required the Chief Juftice 
 Oliver, "and the four judges of the 
 Superior Court, to declare, whether 
 they would receive the grants of af- 
 fembly for their falaries, or accept 
 their fuppport from the crown, and 
 were anfwered by the four judges,, 
 (they being fearful of making them- 
 felves objects of popular refentment, 
 one of their number having been 
 previoufly brought over to that con- 
 fent), that they would receive their 
 falaries from the province; but by 
 the Chief Juftice, that he would 
 continue to accept his fupport from 
 the crown : on the i ith of February, 
 they rernonftrated to the Governor, 
 that the faid Chief Juftice Peter Oli- 
 ver, having received his falary and 
 reward out of the revenue unjuitly 
 and uncorutitutionally levied and ex- 
 torted 
 
P It I O R DO 
 
 torted from the American colonies, 
 and being determined to continue to 
 receive it contrary to the known fenfe 
 of the body of people of the province, 
 had thereby proved himfelf an ene- 
 my to its conftitution, placed himfelf 
 under an undue bias, and rendered 
 himfelf difqualined to hold his office 
 any longer. And not having pro- 
 cured his removal from the' governor, 
 in confequence of their rernonilrance, 
 they parted a vote to adjourn the fu- 
 perior court, which by law, is to be 
 held on the i5th of February, to the 
 2zd of that month, to which the go- 
 vernor refufed his aflent; and com- 
 plains, that he now confiders himfelf 
 as acting altogether on the defenfive, 
 avoiding his confent where he canncit 
 juftify it, deftitute of any aid from 
 any part of the legiflature, or execu- 
 tive powers of government, in main- 
 taining order when the .breach of it is 
 caufed, or pretended to be caufed, by 
 iuch acts of parliament, or fuch exer- 
 cife of his Majefty's authority, as the 
 people are taught by their leaders to 
 call grievances. 
 
 A true flat e of the proceedings in the 
 Parliament of Great-Britain, and 
 in the province of the M^J/achufetts- 
 Bay, relative to the giving and grant- 
 ing the mmey of the petple cf that 
 province, and of all America, in the 
 Houfe of Commons, in which they are 
 not reprefented. Drawn up by Dr. 
 BENJAMIN FRANKLIN. 
 On the i zth of November 1761, 
 Governor Bernard made the following 
 fpeech to both Houfes of AfTembly, 
 in the province of MafTachufetts-Bay : 
 " At the opening of this general 
 court I had the pleafure to obferve 
 upon the happy and propitious cir- 
 cumitances that had attended the com- 
 mencement of the prefent reign, and 
 particularly the extinction of parties, 
 and the general coalition of all par- 
 ties in fupport of his Majefty's govern- 
 
 C U M E N T . 255 
 
 ment; and I could not but exprefs my 
 earneft denre that the fame patriotic 
 fpirit which influenced Great Britain, 
 might prevail throughout his Majef- 
 ty's American provinces, and efpe- 
 cially in this moil ancient and moll 
 loyal of them. 
 
 " I was well perfuaded, that while 
 I was fpeaking to you on this fubject, 
 your fentiments and mine were the 
 fame. I have been fully confirmed iii 
 this, as well by your own declarations, 
 as by your conduct confequent there- 
 to ; and I have now all the aflurance 
 that I ihall be afiiiled and fupported 
 by you. 
 
 F. BERNARD." 
 
 On the 24th of April 1762, his Ex- 
 cellency made the following fpeech to 
 the two Houfes : 
 
 " The unanimity and difpatch with 
 which you have complied with the 
 requifitions of his Majefty require my 
 particular acknowledgment, and it 
 gives me additional pleafure to ob- 
 ferve, that you have therein acted un- 
 der no other influence than a due fenfe 
 of your duty, both as members of 
 general empire, and as the body of a 
 particular province. 
 
 " It will always be my defire that 
 freedom and independence mould pre- 
 vail in your councils, and that th 
 whole credit of your proceedings 
 therein mould be placed to your own 
 account. It will be a fufficient honour 
 for me to prefide over a people whole 
 motives to loyalty and public fpirit 
 arife from their own breaifo. 
 
 FRA. BERNARD." 
 
 His Excellency again fpoke as fol- 
 lows to the two H6ufes of AfTembly 
 on the 27th of May 1762 : 
 
 " Whatever mall be the event of 
 the war, it mull be no fmall fatisfac- 
 tion to us, that this province hath 
 contributed its full fliare to the fup- 
 port of it. Every thing that has 
 been required of it hath been mofl 
 readily complied with ; and the exe- 
 cution 
 
btf 
 
 256 PRIOR DOCUMENTS. 
 
 cution of the powers committed to of the refpeftive provinces fhall 
 
 me, for raifing the provincial troops, thought by his Majefty to merit. 
 
 hath been as full and complete as the 
 
 grant of them was. Never before 
 
 were regiments fo eafily levied, fo well 
 
 compoied, and fo early in the field, 
 
 as they have been this year ; the com- 
 mon people feemed to be animated 
 
 with the Spirit of the general court, 
 
 and to vie with them in their readinefs 
 
 to ferve the King. 
 
 " The ample provifion which has 
 
 been already made, leaves me nothing 
 
 to afk for the immediate fervice of the 
 
 King. 
 
 FRA. BERNARD." 
 The following is a true copy of the glers, fupported by the oaths of cre- 
 
 jneflage which his Majefty fent down dible witnefTes, againft Governor Ber- 
 
 to the Houfe of Commons every year, nard ; for which the furveyor gene- 
 
 from 1759, till the conclufion of the ral received the thanks of the trea- 
 
 fury-board, and Governor Bernard 
 was fuffered ftill to hold that office he 
 had abufed, and has been admitted 
 
 Similar refolutions followed yearly 
 every mefTage. And though this 
 compenfation did not exceed one fourth 
 part of what they expended, they were 
 fatisfied with thefe moft honourable of 
 all teftimonies, that they had not been 
 backward in contributing their mare 
 towards the general defence of the 
 empire. 
 
 His Majefty's Surveyor- General of" 
 the Northern diilridt in America, 
 tranfmitted to the Lords of the Trea- 
 fury in 1764, a charge of corruption 
 in his office and collulion with fmug- 
 
 war: 
 
 GEORGE Rex. 
 
 26 ^ie Aprils 1759. 
 
 te His Majefty being fenfible of as the principal accufer and witnefs 
 
 againft the people of the Maflachu- 
 fetts-Bay> 
 
 On the loth of March 1764, the 
 Hcufeof Commons refolved, "That 
 
 the zeal and vigour with which his 
 faithful fubje&s in North America 
 have exerted themfelves in defence of 
 his Majefty 'sjuft rights and pofleffions, 
 recommends it to this Houfe to take 
 the fame into coniideration, and to 
 enable his Majefty to give them a pro- 
 per compenfation for the expences in- 
 curred by the refpeclive provinces, in 
 the levying, clothing, and pay of the 
 troops raifed by the fame, according 
 as the aftive vigour and ftrenuous ef- 
 forts of the refpeftive provinces mail 
 appear to merit. 
 
 G. R." 
 
 Upon which the Houfe refolved, 
 April 30, <( That a fum not exceed- 
 
 it may be proper to charge certain, 
 ftamp duties in the colonies and plan- 
 tations:" but did not at that time 
 form any bill for the purpofe. 
 
 On the 5th of April 1764, an act 
 panned for impofing duties in America 
 by the Britifh parliament, for the pur- 
 pofe of railing a revenue. 
 
 In confequence of thefe proceed- 
 ings, the Houfe of Reprefentatives of 
 the MafTachufetts-Bay came to refo- 
 lutions, " That the ible right of giv- 
 ing and granting the money of the 
 
 ing two hundred thoufand pounds be people of that province, was veiled in 
 
 granted to his Majefty upon account, 
 to enable his Majefty to give a proper 
 compenfation to the refpeftive pro- 
 vinces in North America, for the ex- 
 pences incurred by them in the levy- 
 ting, clothing, and pay of the troops 
 raifed by the fame, according as the 
 vigour and ftrenuous efforts 
 
 them as their legal reprefentatives ^ 
 and that the impofition of duties and 
 taxes, by the Parliament of Great- 
 Britain, upon a people who are not 
 reprefented in the Houfe of Com- 
 mons, is abfolutely irreconcilable with 
 their rights. That no man can juftly 
 take the property of another without 
 
PRIOR DOCUMENTS. 
 
 257 
 
 his confent, upon which original 
 principle the right of reprefentadon 
 in the fame body which exercifes the 
 power of making laws for levying 
 taxes, one of the main pillars of 
 the Britim Conilitution, is evidently 
 foundfcd : that the extenfion of the 
 powers of the court of admiralty 
 within this province, is a moft vio- 
 lent infraction of the right of trial by 
 jury, a right which this houfe, upon 
 the principles of their B ritifh A nceilors, 
 hold moil dear and facrcd, it being 
 the only fecurity of the lives, liber- 
 ties, and property of his Majefty's 
 Aibje&s. That this houfe owe the 
 llrideft allegiance to his in oft Sacred 
 Majefty King George the Third, 
 and that they have the greateft vene- 
 ration for the Parliament.' 
 
 In February 1765, a Bill for raifin'g 
 a revenue in America by duties on 
 itamps, &c. received the royal aflent. 
 Petitions from the feveral aflemblies 
 of America againtl the pafling of this 
 aft, were rejected by the Parliament, 
 or not received, on the pretence of a 
 rule, that petitions mould not be re- 
 ceived againft a money bill, and this 
 was a money bill. 
 
 Upon the arrival of this acl in A- 
 mcrica, every arTembly on the conti- 
 nent came to refolutions againft the 
 right of impofing taxes upon them 
 unreprefenteci and without their con- 
 fent. The Houfe of Reprefentativcs 
 of the Maffachufetts-Bay, obferving 
 the little attention paid to feparate 
 petitions, rcfolved, * That it was 
 highly expedient there fiiould be a 
 meeting as icon as might be, of com- 
 mittees from the Houfes of -Repre- 
 fentatives in the feveral colonies on 
 the American continent to confult 
 on the prefent circumfrances, and the 
 difficulties to which they were re- 
 duced by the operation of the late 
 afts of Parliament for levying du- 
 ties on the colonies, and to con- 
 fider cf a general addrefs to his 
 
 Majefly and the Parliament, to im- 
 plore relief.' Letters were tranfmit- 
 ted accordingly to the Speakers of 
 the other Affemblies, and three per- 
 fons elected to attend a congrefs on 
 the part of this province. 
 
 In the mean time fome difturbances 
 arofe in the town of Bofton. The 
 reprefentadon of thefe difturbances 
 was inflamed with the ftrongeft co- 
 louring in various letters from Go- 
 vernor Bernard to the Lords of Trade, 
 though he knew the inhabitants had 
 publicly condemned thefe proceed- 
 ings, as appears from the following 
 vote of the town : 
 1 At a legal Meeting of the Freeholders 
 
 and other Inhabitants of the Town 
 
 of B eft on, at Fanueil Hall t Auguft 
 
 27 th, 1765. 
 
 The town having an utter detefta- 
 tion of the extraordinary and violent 
 proceedings of a number of perfons 
 unknown, againft fome of the inhabi- 
 tants of the fame, the laft night, 
 vote unanimoufly, that the felecl: 
 men and magiftrates of the town be 
 defired to ufe their utmoft endea- 
 vours; agreeeble to law, to fupprefs 
 the like difordera for the future, and 
 that the freeholders and other inhabi- 
 tants will do every thing in their 
 power to affift them therein. 
 
 Voted;; that the inhabitants of this 
 town will be ready on all occafions to 
 affift the felecl; men and magiftrates 
 in the fuppreffion of all diforders of a 
 like nature that may happen, when 
 called upon for that purpofe. 
 
 Att. William Cooper, Towu Clerk S 
 
 In truth, the whole proved to be 
 nothing more than fome injury offer- 
 ed to private property, for which the 
 affembly afterwards voted a compen- 
 fation. 
 
 On the 25th of October 1765, 
 there being no ftamp papers, the 
 council and Houfe of Reprefenta- 
 tivcs, to avoid the mifchievous con- 
 fequences of a total ftop to all public 
 L 1 bufmefs, 
 
PRIOR DOCUM.ENTS. 
 
 bufmefs, refolved, that it might be 
 lawful to do bufmefs without ftamps. 
 
 The congrefs confifting of a Com- 
 mittee of Reprefentatives from feve- 
 ral provinces, met at New York the 
 firft of Odober 1765. The motives 
 and views with which the congrefs 
 was called, are thus itated by the 
 Houfe of Reprefentatives of MafTa- 
 chufetts-Bay : ' Had the colonies been 
 fully heard by the Parliament, it is 
 poflible their cecifions with rt-fpecl to 
 the late ads for levying duties and 
 taxes on the colonies, might have 
 been different. However, the Houfe 
 of Reprefentatives think it their duty 
 not to ceafe petitioning, and have ac- 
 cordingly, this prefent feflions, wrote to 
 the Speakers of the feveral Houfes of 
 Reprefentatives of the feveral colonies 
 on the continent, propofing a^ meet- 
 ing at New York on the firlt Tuefday 
 of October next, of committees of 
 the Houfes of Reprefentatives of the 
 feveral colonies, to confult together 
 on their prefent circumftances, and 
 the difficulties to which they are and 
 muft be reduced by the operation of 
 the late a&s of parliament, and to 
 prepare a united, dutiful, humble, 
 and loyal reprefentation of their con- 
 dition 'to his Majefty and his Parlia- 
 ment, imploring relief. And it is 
 humbly hoped, that decent and du- 
 tiful applications for the preventing 
 or even altering fuch afts of Parlia- 
 ment as they apprehend can be made 
 to appear to be grievous, will not 
 be thought fufiicient grounds to charge 
 us with the want of the moft pro- 
 found refped for that auguft body. 
 In confidence of having free accefs 
 to that fountain of national juftice, 
 the Houfe reft affured that all necef- 
 fary relief will be afforded, and that 
 the liberties and privileges their con~ 
 ftituents at prefent enjoy, will remain 
 fecure. 
 
 . Signed* SAM. WHITE, Speaker.' 
 The congrefs fumrnoned upon thefe 
 
 principles, met and aded upon them. 
 They refolved, ' I hat the only repre- 
 fentatives of the people of the colo^ 
 nies are perfons chofen therein by 
 thtmfelves, and that no taxes ever 
 have been, or can be, conftitution- 
 ally impoled upon them but by their 
 refpedive legiflatures. That alj fup- 
 plies to the crown being free gifts of 
 the people, it is unreafonable and in- 
 confiftent with the principles and fpi- 
 rit Q/ the Britifh conftitution, for the 
 people of Great Britain to grant to 
 his Majefty the property of the colo- 
 nifts. That it is the indifpenfable 
 duty of thefe colonies to the beft of 
 fovereigns, to the mother country, 
 and themfelves, to endeavour, by a 
 loyal and dutiful addrefs to his Ma- 
 jefty, and humble applications to 
 both Houfes of Parliament, to pro- 
 cure the repeal of the ad for grant- 
 ing and applying certain ftamp du- 
 ties, of all claufes of any other aft of 
 Parliament whereby the jurifdidion 
 of the Admiralty is extended, and of 
 the other late ads for the reftridion 
 of American commerce.' 
 
 They alfo drew up a petition to 
 the King, in which they fay, * Our 
 fubordinate "legiflatures are in effed 
 rendered ufelefs by the late ads of 
 Parliament impofing duties and taxes 
 on thefe colonies, and extending the 
 jurifdidion of the courts of admiralty 
 beyond its antient limit : ftatutes by 
 which your Majefty's commons in 
 Great Britain undertake abfolutely to 
 difpofe of the property of their fellow 
 fubjeds in America without their 
 confent, and for the inforcing where- 
 of they are fubjeded to the determi- 
 nation of a fingle judge, in a court 
 unreftrained by the wife rules of the 
 common law, the birthright of Eng- 
 limmen, and the fafeguard of their 
 perfons and properties. 
 
 f The invaluable rights of taxing 
 ourfelves, and trial by our peers, of 
 which we implore your Majefty's pro- 
 tection, 
 
PRIOR DOC 
 
 tedlicn, are not, we moil humbly 
 conceive, unconftitutional, but con- 
 firmed by the great charter of Englifh 
 Liberty. On the firft of thefe rights, 
 the Honourable the Houfe of Com- 
 mons found their practice of origina- 
 ting money bills a right enjoyed by 
 the Kingdom of Ireland ; by the 
 Clergy of England, till relinquimed 
 
 by themfelves a right, in line, 
 
 which ral other your Majefty's Eng- 
 lifh fubjecls, both within and without 
 the realm, have hitherto enjoyed.* 
 
 So far were they from any thought 
 or defire to draw into queftion, or to 
 deny the fovereignty of his Majefty in 
 his Parliament, or to. arrogate to 
 themfelves the fole right of making 
 Jaws, that, in their petition to tlis 
 Houfe of Commons, they declare the 
 revcrfe in thefe words : 
 
 * We mofl fmcerdy renognize our 
 allegiance to the crown, and acknow- 
 ledge all due fubordination to the 
 Parliament of Great Britain, and 
 mail always retain the moft grateful 
 fenle of their affiftance and protec- 
 tion. We elleem our dependence 
 on, and connection with Great Bri- 
 tain, as one of our greateft bleflings, 
 and apprehend the former will ap- 
 pear to be fufficiently fecure, when it 
 is confidered, that the inhabitants in 
 the colonies have the moft unbounded 
 affection for his Majefty's per ion, 
 family, and government, as well as 
 for the mother country, and that 
 their fubordination to the Parlia- 
 ment, is univtrially acknowledged.' 
 
 Thefe petitions however were not 
 received, on pretence of their being 
 from a body not legally affembled, 
 and unknown to the conftitution. 
 
 In January 1766, the Houfe of 
 Repreientatives were obliged to com- 
 plain of Governor Bernard's having, 
 together with his council, aflumed a 
 lejjjilative power, in ordering an act 
 of Parliament, or as he flilcs it an 
 ordinance., to be regiitcted among 
 
 U M E N T S. 259 
 
 the laws of the province ; which was 
 never done before, but by aft of 
 
 Affembly*. This juft complaint 
 againft the ufurpation of the Gover- 
 nor, has bzen individioufly repre- 
 fented as an attack upon the autho- 
 rity of Parliament f , whereas in truth 
 it had no relation to that authority. 
 
 In January 1766, petitions were 
 prefentcd from the merchants of Lon- 
 don, Briftol, and Glafgow, to both 
 Houfes of Parliament, reprefenting 
 the great injury that would accrue to 
 their property, and to the commerce 
 of this Kingdom, from the operation 
 of the Stamp A,t, and praying for its 
 repeal. 
 
 The repeal of it took place ac- 
 cordingly on the ipth March fol- 
 lowing. 
 
 The Affembly of MafTachufetts- 
 Bay, upon the repeal being known, 
 formed and tranfmitted an humble 
 addrefs of thanks to his Majefty, an4 
 letters of the moft grateful acknow- 
 ledgement to their illuftrious patrons 
 and friends in either Houfe of Parlia- 
 ment. Soon after this pafled a bill 
 for granting compenfation to the fuf- 
 ferers during the diforders occasioned 
 by the Stamp Aft; agreeably to his 
 Majefty's recommendation, in confe- 
 quence of the addrefs of both Houfes 
 of Parliament, his Majefty's pleafure 
 being fignified to them by Mr. Secre-" 
 tary Conway. 
 
 The AfTemblyalfo conformed them- 
 felves to the mutiny act, though it 
 touched the privilege of granting 
 freely their own money, for which, 
 they had fo ftrenuoufiy contended. 
 But they comply ed, as well from an 
 
 * But the m ft intcrcft'mg objection, which 
 is no: avowed, and therefore cannot receive a 
 formal aiifwcr, is, that an American repre- 
 fenta'ion will take away all pretences for dif- 
 pnting the ordinances of Parliament. 1 Gover- 
 nor Brnard's letter 1764, p. 59. And again, 
 p. 72, and 54. 
 
 f See extract of Governor Bernard's letter 
 in the Lords rep rt, p. 7. 
 
 * 1 2 
 
PRIOR DOCUMENTS. 
 
 abhorrence of renewing the late dif- 
 pute which had given them fo much 
 pain, as from a confidence in his Ma- 
 je.fty's then fer'vants, whom they re- 
 garded as friendly to their liberties 
 and rights. 
 
 Their fatisfaction in, and gratitude 
 for the repeal of the Hamp ad, pro- 
 duced a conduct fo fhudioufly void of 
 offence, that Governor Bernard coulci 
 not avoid giving his teflimony of it 
 in his letters to the Earl of Shel- 
 burne, Secretary of State, as follows : 
 
 * The Houfe from the time of 
 opening the feifion to this day, lias 
 fhewn a djfpofrtion to avoid all dif- 
 pute with me ; every thing having pal- 
 fed with as much good-humour as I 
 could defire, except only their conti- 
 nuing to aft in addremng the King, 
 remonflrating to the Secretary of 
 State, and employing a feparate 
 Agent. It is the importance of this 
 innovation, .without any willfulnefs 
 of my own, which induces me to 
 make this remonftrance, at a time 
 when I have a fair profpect of having, 
 in all other bufmefs, nothing but 
 good to fay of the proceedings of this 
 Houfe. 
 
 * They have acted in, all things, 
 even in their remonftrance, with tem- 
 per and moderation; they have avoid- 
 ed fome fubjecls of difpute, and have 
 Jaid a foundation for removing fome 
 caufes of former altercation. 
 
 ' I fball make ftich a prudent ar,d 
 proper ufe of this letter, as I hope 
 will perfectly reHore the peace ana 
 tranquility of this province, for which 
 purpofe confiderable Heps have alrea- 
 dy been made by the Houfe of Re- 
 prefentatives. ' 
 
 Such was the temper and modera- 
 tion with which the people were dif- 
 pofed to feek relief from the grievan- 
 ces they felt. We mail prefently 
 fee what Heps were artfully taken to 
 move them from that moderation, 
 and compel the mob into riots and 
 
 tumults, which were to be vifited 
 upon the town, and made the pre- 
 text for introducing a military force. 
 
 The new revenue act parted on the 
 29th of June 1767; a little more 
 than a year after the repeal of the 
 fl.amp act, 
 
 The Houfe of Representatives, in 
 their petition to the King, touchiag 
 this act, expreisly acknowledge the 
 fupreme power of Parliament. With 
 great fmcerity, permit us, (lay they,) 
 to affure your Majefty, that your fub- 
 jects of this province ever have, and 
 Hill continue to .acknowledge your 
 MajeHy's High Court of Parliament 
 the fupreme legiilative power of the 
 whole empire.' 
 
 In their letters to the miniflry, 
 they fay, ' The fubjects in this pro- 
 vince, and undoubtedly in all the ccv 
 lonies, however they may have been 
 otherwife reprefented to his Majeily's 
 minifters, are loyal ; they are firmly 
 attached to the mother Hate ; they 
 always confider her intcreit'and their 
 own as iflfeperably interwoven, and 
 it is their fervent wifli that it may 
 ever fo remain. All they defire is, 
 to be reitored to the Handing upon 
 which they were originally put, to 
 have the honour and privilege of vo- 
 luntarily contributing to the aid of 
 their fovereign when required. They 
 are free fubjects ; and it is hoped the 
 nation will never consider them as in 
 a tributary ftate.' And again, ' All 
 they delu-e is to be placed on their 
 original Handing, that they may Hill 
 be happy in the enjo\rnent of their 
 invaluable privileges, and the nation 
 may Hill reap the advantage of their 
 growth and profperity.* 
 
 That their prayers might be more 
 likely to obtain fuccefs from being 
 united 'with the i'upplications 'of all 
 the colonies, they tranfmitted a cir- 
 cular letter to the other aflemblies, 
 informing them- * That the Houfe 
 had humbly reprefented to the mi- 
 
 niftry 
 
PRIOR DOCUMENTS. 
 
 261 
 
 niftry their own fentiments ; that his 
 Majefty's high Court of Parliament is 
 the fupreme legiflative power over 
 the whole empire ; that in all free 
 ftates the confutation is fixed ; and 
 a.s the fupreme legiflative derives its 
 power and authority from the conlli- 
 tution, it cannot overleap the bounds 
 of it, without deitroying its owrj 
 foundation. That the conitituticn 
 afcertains and limits both fovereiguty 
 and allegiance, and, therefore, his 
 Majefty's American fubjecls, who ac- 
 knowledge themfelves bound by the 
 ties of allegiance, have an equitable 
 claim to the full enjoyment of the 
 fundamental rules of the Englifh con- 
 iHtution. That it is an aflential, 
 unalterable right in nature, ingrafted 
 into the British conftitution as a fun- 
 damental law, and ever held facred 
 and irrevocable by the fubjects within 
 the realm, that what a man has ho- 
 neflly acquired is abfolutely his own, 
 which he may freely give, but which 
 cannot be taken from him without 
 hU confent. That the American fub~ 
 jets may, therefore, exclusive of any 
 conilderation of charter rights, with 
 a decent firmnefs adapted to the 
 character of freemen and fubjects, 
 affert this natural conflitutional right.' 
 They add ' That as they have tea 
 much reafon to believe, that the ene- 
 mies of the colonies have reprefcntec] 
 them to his Majefty's minifters-and 
 the parliament, as factious, difloyal, 
 and ihevving a difpofition to make 
 themfelves independent of the mother 
 country, they have taken occaiion, in 
 the molt humble terms, to aflure his 
 Majeity and his miniflers, that, with 
 regard to the people of this province, 
 and, as they doubt not, of all the co- 
 lonies, that charge is unjuft.' 
 
 In coniequence of this, Governor 
 Bt-rnr.rd laid before the houfe, on the 
 2 ift of June, 1768, the following re- 
 quifuion : 
 
 < It gives great concern to his Ma- 
 
 jefty to find, that the fame modera- 
 tion which appeared by your letter 
 to have been adopted at the begin- 
 ning of the fefiion, in a full aftembly, 
 had not continued ; and that inftead 
 of that fpirit of prudence and refpect 
 to the conititution, which feemed at 
 that time to influence the conduct of 
 a large majority of the members, a 
 thin houfe at the end of the feflioo 
 iliould have prefumed to revert to, 
 and refolve upon a meafure of fo in- 
 flammatory a nature as that of writing 
 to the other colonies, on the fubjecl 
 of their intended reprefentation a 
 gainft fome late acts of Parliament, 
 His Majelly confiders this Hep as evi- 
 dently tending to create unwarrantar 
 ble combinations, to excite an unjuf-r 
 tif.able oppofition to the conflitutional 
 authority of Parliament, and to re- 
 vive thofe unhappy divifions and dif- 
 tradlions, which have operated fb 
 prejudicially to the true interefts of 
 Great Britain and the colonies. It 
 is the King's pleafure, that fo foon 
 as the general court is again afTem- 
 bled, at the time prefcribed by the 
 charter, you mould require of the 
 Houfe of Reprefentatives, in his Ma- 
 jelly's name, to refcind the refolu- 
 tion which gave birth to the circular 
 letter from the Speaker, and to de- 
 clare their difapprobation of, and dif- 
 fent to that ram and haJfty proceed- 
 ing. His Majefty has the fullefl re- 
 liance upon the affection of his good 
 fubjecls in the MafTachufetts-Bay, 
 and has obfcrved with futisfa&ion, 
 that fpirit of de -ency, and love of or- 
 der, which has difcovered itk :: in the 
 conducl of the moil co-:fi'!erabL j of its 
 inhabitants. If the h. t v ,-iflembly 
 mould refufe to coi nis Ma- 
 
 jefty's reafonable ;cn. it it 
 
 the King's pleafu: ;u ihould 
 
 immediately diflbl\\ 
 
 i^ i>rl ' S OUCH -' 
 
 letter produc. ,;.] ap- 
 
 prehen- 
 
PRIOR DOCUMENTS. 
 
 prehenfion and difcontent not only in 
 the Maflachufetts-Bay, but in all 
 America. A demand, attended with 
 a penalty of diffolution, feemed a 
 command, not a, requifition, leaving 
 no deliberative or difcretionary power 
 in the aflembly ; and the ground of 
 it being a petition to the King, 
 guarded with a moil explicit declara- 
 tion of the Supreme legiflative power 
 of Parliament, it wore the fevere and 
 dreadful appearance of a penal prohi- 
 bition againil petitioning* It was in 
 effect faying, you lhall not even pre- 
 fame to complain ; and reducing 
 them below the common ftate of fla- 
 very, in which, if men complain, 
 \vith decency, they are heard, unlefs. 
 their matters happen to be monfters.. 
 It warmed moderation into seal, and 
 inflamed zeal into rage. Yet ilill 
 there appeared a difpofition to ex- 
 jxrefs their grievances in humble peti- 
 tions. All the aiFembHes on the con- 
 tinent; in anfwer to a requifition of 
 milar import to that already men-?, 
 tioned, afferted the right of the fub- 
 jject to petition for redrels of grie- 
 vances. They joined in petitions, 
 ftating the impofition of taxes upon, 
 them without their confent, and the 
 abolition of juries in revenue caufes, 
 as, intolerable grievances, from which 
 they prayed relief. 
 
 The Houfe of K-eprefentatives of 
 Maffacbufetts-Bay drew up a letter 
 to? the Earl of Hillfborough, Secre- 
 tary of State, in which they vindi- 
 cate their c6nduct from the aiperfions 
 thrown upon it in the Governor's 
 letters ; and add, * It is an inexpref- 
 bk grief to the people of this pro- 
 vince, to find repeated cenfures f-,1- 
 ling upon them, not from Minifters 
 ef State alone, bm from Majeftyjtfclf, 
 
 f rounded on letters and ac:ufations 
 om the Governor, a fight of which, 
 though repeatedly requefted of his 
 Excellency, is rejfufed. There is no 
 evil of this life, whieh they ib fenfi- 
 
 bly feel, as the difpleafure of their 
 fovereign. It is a punifhment which 
 they are fure his Majefty will never 
 inflict, but upon a reprefentation of 
 the juitice of it, from his fervants, in 
 whom he confides. Your Lordihip 
 will allow the houie to appeal to your 
 own candour, upon the hardfhip of 
 their being made to fuffer fo fevere a 
 misfortune, without their ever being 
 called to anfwer for themfelves, or 
 even made acquainted with the mat- 
 ters of charge alledged againii them ; 
 a right, to Which, by the common 
 rules of fociety, founded in the eter- 
 nal laws of reafon and equity, they 
 are juftly entitled. The Houfe of 
 Reprefentatives of this province have 
 more than once., during the adminif- 
 tration of Governor Bernard, been 
 uader the necelfity of entreating his 
 Majefty's. minffters to fufpt-nd their 
 further judgment upon fuch repre- 
 fentations of the temper of the peo- 
 ple, and the conduct of the afTembly, 
 as they were able to make appear to 
 be injurious. The fame indulgence 
 this hbufe now beg of your Lordfhip; 
 and befeech your Lordthip to patro- 
 nize them fo far as to make a favour- 
 able reprefentation of their conduclb 
 to the King our Sovereign : it being 
 the higheft ambition of this houfe, 
 and of the people wham they repre- 
 fent, to itand before his Majefty in 
 tht-ir juft character, of affectionate 
 and loyal fubjects.' 
 
 On the loth of Ju^e a feizure was 
 made of a floop faftened to the 
 wharf, with an armed force, and the 
 feizure carried by violence to the. 
 Man of War. That thi; feizure was 
 made with every circumitance of vio- 
 lence and infult which cou!d irritate 
 a mob, is proved by the oaths of 13 
 eye-witnefTes, whofe credibility has 
 never been impeached. Unhappily 
 the irritation fucceeded but too well. 
 The collector and comptroller who 
 made the fcizure in that manner, 
 
 were 
 
PRIOR DOC 
 
 were treated with great indignity and 
 perfonal injury by the mob * . 
 
 About the fame time the Captain 
 of the men of war lying in the har- 
 bour at Bolton, prefled lome feamen 
 belonging to the town, in violation 
 of an aft of Parliament for the en- 
 couragement of trade to America, 
 which fays, 6 Anne, chap. 27. 9. 
 *' No' mariner, or other perfon, 
 fon, who mall lerve on board, or be 
 retained to ferve on board, any pri- 
 vateer, or trading fhip or veffel, that 
 fhall be employed in any part of 
 America, nor any mariner, or per- 
 Ibn, being on ihore in any part 
 thereof, mall be liable to be impref- 
 fed or taken away> by any officer or 
 officers of or belonging to her Ma- 
 jefty's Ihips of war." 
 
 The inhabitants of Bofton, to pre- 
 vent the tumults which might be ap- 
 prehended from fo dangerous an in- 
 fraftion of law, were afiembled, and 
 drew up a petition to the Governor, 
 praying his interpofition to prevent 
 luch alarming outrages. The Gover- 
 nor, however, refuled upon various 
 pretexts, to interfere. 
 
 The following words of their peti- 
 tion will mew to what ftate of alarm, 
 anxiety, and defpair, thefe proceed- 
 ings had reduced them. ' Dutiful 
 petitions, fay they, have been pre- 
 fered to our moil gracious Sovereign, 
 to which (tho' to the great confterna- 
 tion of the people, we now learn 
 they have been cruelly and infidu- 
 oufly prevented from reaching the 
 royal pre fence) we have waited to 
 
 * Tiiat the feizure was unjuft is plain 
 from this, that they were obliged to reftore 
 the vcflVl, after detaining h-r a 1 >ng time, 
 not being able to find any evidence to fupport 
 a profecution. The fuits too for enormous 
 fums againft a number of perfons, brought 
 in the court of admiralty, being round in- 
 fupportable, were, after long continuance, to 
 the great expence and trouble of their perfons, 
 drept, by a declaration or the King's advo- 
 cate that his Majefty would profecute no far- 
 ther ; but the profecuted could cb.ain no 
 coih or damages, for fo is the law. 
 
 U M E N T S. 263 
 
 receive a gracious anfwer, with the 
 greatefl attention to the public peace, 
 until we find curfelves invaded with 
 an armed force, feizing, imprefling, 
 and imprifbning the perfons of our 
 fellow fubje&s, contrary to exprefs 
 afts of Parliament. Menaces have 
 been fhrown out fit on'y for barba- 
 rians, which already affect us in the 
 moft fenfible manner, and threaten 
 us with famine and deiblation, as all 
 navigation is obftrufted, upon which 
 alone our whole fupport depends, 
 and the town is at this crifis in a fitua- 
 tion nearly fuch as if war were for- 
 mally declared againft it. 
 
 ' To contend againft our Parent 
 State is, in our idea, the moft mock- 
 ing and dreadful extremity ; but 
 tamely to relinquifh the only fecurity 
 we and our pofterity retain of the en- 
 joyment of our lives and properties, 
 without one ftruggle, is fo humilia- 
 ting and bafe, that we cannot fup- 
 port the reflection. We apprehend, 
 Sir, that it is in your option, in your 
 power, and we would hope in your 
 inclination, to prevent this diltreifed 
 and juftly incenfed people from ef- 
 fefting too much, or from the fhame 
 and reproach of attempting too 
 little/ 
 
 The riot upon the feizure of the 
 (loop was exaggerated into treafon 
 and rebellion. The commiffioners 
 fled from the town in pretended fear 
 of their lives ; affidavits were taken 
 in fecret and ex farte, and the comp- 
 troller Mr. Hallowell was difpatched 
 home, to give administration the 
 moft horrible idea of the people. 
 Governor Bernard's letrers to the 
 Secretary of btate contained a direft 
 charge of treafoii againft forty per- 
 fons, not one of whom was profe- 
 cuted, becaufe the whole was a for- 
 gery, calculated to meet the change 
 of fyftem which Governor Bernard 
 has fince informed us, they then 
 knew had taken place at London, 
 
 and 
 
2*4 
 
 PRIOR DOCUMENTS. 
 
 and encourage the rigorous meaf-ires 
 which the new fyltem was to purfue. 
 
 Unhappily it iucceeded too well. 
 Troops were feht to Boilon, where 
 they landed the ill of Oftober 1768. 
 .But a difficulty now arofe, about 
 quartering the troops in the town 
 contrary to an act of Parliament. 
 The Governor, however, foon de- 
 termined to cut the knot he could 
 not untie. He therefore illued a 
 commhTion, to difpenfe with the law 
 and eftablifh quarters for the troops 
 in the town. I fpeak from his own 
 letter. 
 
 Thus the people Taw two acts of 
 Parliament, made for their protec- 
 tion, waLtonly and with impunity 
 violated ; while thofe which were to 
 their feelings highly unjuft and op- 
 preffive, were to be rigoroufly execu- 
 ted with a military force. Nothing 
 could be devifed more irritating, ex- 
 cept the manner in which the quar- 
 tering the foldiers was executed. They 
 filled the general affembly room, 
 the court houfe, and Fanueil ha 1 !, 
 where the town meetings were afTe ru- 
 bied. When the general afTembly 
 met, the main guard was planted 
 with a number of field pieces at, and 
 pointed into the very door of the al- 
 fembly houfe. Every fpecies of in- 
 fult and outrage was, as if purpofely, 
 pradifed to drive the people into 
 ibme violent act, which mould juitify 
 the letting loofe the military upon 
 them. 
 
 In confequence of the various vio- 
 lations of thofe laws which, mould 
 have protected them, the minds of 
 the people were in the mod dange- 
 rous ilate of alarm and agitation. 
 To prevent the deitructive commo- 
 tions which might be apprehended 
 from fuch a difpofition, the moderate 
 and well difpoied inhabitants of Bof- 
 ton petitioned the Governor to call 
 an afierhbly, that the popular turbu- 
 lence might be quieted by their con- 
 
 fidence in and refpect for their own 
 legiOature. The Governor, how- 
 ever, thought proper to refufe them 
 this relief; they therefore fummoned 
 a convention of deputies from the 
 different townlhips, as the only meani' 
 of compofmg the agitation of men's 
 minds, (from which they otherwife 
 expected the worft confluences,) by 
 their confidence in peribns deputed 
 by them (elves, to enter into a wife 
 and cool confideration of their grie- 
 vances, and the conftitutional means 
 of obtaining redrefs. The felect 
 men of Bofton have exprefled thefe 
 motives in the following paflage of 
 their circular letter: ' Deprived of 
 the counfels of a general aflembly in 
 this dark and difficult feafon, the 
 loyal people of this province will, we 
 are perfuaded, immediately perceive 
 the propriety and utility of the pro- 
 pofed committee of convention, and 
 tne found and wholefome advice that 
 may be expected from a number of 
 gentlemen chofen by themfelves, and 
 in whom they may repofe the greateft 
 confidence, mult tend to the real fer- 
 vice of our moft gracious Sovereign, 
 and the welfare of his fubjeils in this 
 province, and may happily prevent 
 any fiiviJen and unconnected mea- 
 fures,, which, in their prefent anxiety, 
 and even agony of mind, they may 
 be in danger of falling into.' 
 
 The convention met on the zzd of 
 September 1768, and drew up an 
 humble petition to his Majelly, im- 
 ploring relief. * With great fmce- 
 rity, lay they, permit us to allure' 
 your Majefty, that your fubjects of 
 this province, of which we are a 
 part, ever have acknowledged and 
 itill continue to acknowledge your 
 Majefty's high Court of Parliament 
 the fupreme legiflative power of the 
 whole empire. The fuperm tend ing 
 authority of which is clearly admit- 
 ted in all cafes that can confiil with 
 the fundamental rights of nature. 
 
PRIOR DOCUMENTS. 
 
 265 
 
 and the conftitution to which your 
 Majefty's happy fubjects in all parts 
 of your empire conceive they have a 
 juft and equitable claim. 
 
 * It is therefore with the deepeft 
 concern that your humble fuppliants 
 would reprefent to your Majefty, that 
 your Parliament, the rectitude of 
 whofe intentions is never to be quef- 
 tioned, hr.s thought proper to pafs 
 divers ads, impofmg taxes on your 
 Majefty's lubjects in America, with 
 the fole and exprefs purpofe of railing 
 a revenue. If your Majefty's fubjects 
 here fhall be deprived of the honour 
 and privilege of voluntarily contri- 
 buting their aid to your Majefty in 
 fupporting your government and au- 
 thority in the province, and defend- 
 ing and fecuring your rights and ter- 
 ritories in America, which they have 
 always hitherto done with the utmoft 
 chearfulnefs : if thefe ads of Parlia- 
 ment mall remain in force ; and your 
 Majefty's Commons in Great Britain 
 mail continue to exercife the power 
 of granting the property of their fel- 
 low fubjects in this province, your 
 people muft then regret their unhap- 
 py fate, in having only the name left 
 of free fiibjefts.' 
 
 The troops which had landed at 
 Bofton without the leaft oppofition, 
 determined, as it was natural tcr ex- 
 pect, to make the difturbance they 
 were difappointed in not finding. 
 They offered a variety of infults to 
 the peaceable inhabitants, and one 
 of their officers was detected in at- 
 tempting to excite the Negroes to 
 rebel ; till at laft a party of foldiers 
 under the command of Captain Pref- 
 ton, fired upon the people on the 5th 
 of March 1769^, killing fix, and 
 wounding many more. So intolera- 
 ble an outrage aifembled the people, 
 who \vere ib much incenfed, that it 
 was thought prudent for the troops to 
 evacuate the town. 
 
 The removal of the troops reftored 
 
 the tranquillity of the town and the 
 good-humour of the people, the prin- 
 cipal of whom exerted themfelves to 
 palliate the conduct of Captain Pref- 
 ton, and obtain for him a favourable 
 trial. To this end, he was tried fe- 
 parately from the foldiers, and he 
 was acquitted^ becaufe no evidence 
 could depofe that they heard him give 
 orders to fire. Indeed, the noife of 
 the tumult was fo great, that if he 
 had given fuch orders, which he 
 denied, none could have heard him 
 but the foldiers among whom he 
 flood. When the foldiers came to 
 be tried, they pleaded the orders of 
 their Captain, wnich they durft not 
 difobey. And on the belief of this 
 as a truth, the humane jury acquitted 
 them alfo. An inftance of great 
 temper and equity in a people fo ex- 
 afperated. 
 
 It was not however intended that 
 the quiet of the town and provinc 
 mould continue long. New modes, 
 of irritation were applied, to drive 
 the people into violence and defpair. 
 
 Mr. Robinfon, one of the com- 
 miffioners who had attempted to af- 
 faffinate Mr. Otis, was difpatched to 
 England immediately after the affair 
 of the 5th of March, with a cafe faid 
 to be thai of Captain Prefton, though 
 directly repugnant to what he had 
 publimed under his own hand. This 
 cafe had been fecretly drawn up, and 
 was as fecretly tranfmitted. The pur- 
 pofe of it was to throw the charge of 
 being the aggreffors apon the people, 
 and that the foldiers fired upon them 
 in their own defence, and to fave the 
 cuftom-houfe from being plundered. 
 This ftatement was accompanied by 
 minutes of council framed by the Se- 
 cretary himfelf, and fecretly fworn to, 
 in which one of his Majefty's council 
 was reprefented, as declaring that 
 there had been a premeditated defign 
 and plan of a general insurrection 
 formed by the people, of which this 
 M m attack 
 
266 
 
 PRIOR DOCUMENTS. 
 
 attack upon the guard was the firft 
 flep. Abfurd as it was to fuppofe 
 that the people had planned and be- 
 gan to execute an infurreclion, and 
 yet not a man appear in arms, for no 
 fuch thing was pretended, ftill the 
 example of the fuccefs and impunity 
 with which Governor Bernard had 
 accufed them fpecihcally of treafon, 
 without being able to prove a tittle of 
 It, was enough to encourage Gover- 
 nor Hutchinfon, and his Brother-in- 
 law the Secretary, to repeat a fimilar 
 charge on this occafion, which they 
 knew would operate for the time, 
 and being made fecretly, they trufted 
 It wou'd not be known, fo as to meet 
 a refutation. Mr. Commiffioner Ro- 
 bin fon arrived in London, and his 
 State, &c. was circulated through the 
 miniftry and members of parliament, 
 and, fupported by his perfonal appli- 
 cations, inflamed them againit the 
 province. In the mean time, the 
 town proceeded to draw up their nar- 
 rative of the afr'air founded upon affi- 
 davits taken openly, with notice given 
 to all perfbns concerned to attend and 
 crofs-examine the witneiTes. Upon 
 this open and fair enquiry, it appear- 
 ed by the teltimony of near ah hun- 
 dred perfons, that the foldiers were 
 the aggrefTors, having fired upon the 
 people without fufficient provocation, 
 and without the intervention. of, or 
 even application to the civil magi- 
 ftrate. 
 
 It was not until October 1770, 
 that the reprefehtation and affidavit 
 of their fecretary, Mr. Oliver, reach- 
 ed his Majefty's council at Bofton, 
 in a pamphlet which had been pub- 
 limed in London, to jullify the pro- 
 ceedings of the military on the 5th 
 of March 1769, and accufe the peo- 
 ple. The member to whom he had 
 imputed the words, which were caf- 
 culated to convey the idea of an in- 
 iurreclion having been planned by the 
 people, publicly made oath, that the 
 
 Secretary had mifreprefented his 
 words, and that he never knew, or 
 heard, or even thought of any fuch, 
 Plan. The other members ot coun- 
 cil who were prefent alfo made oath, 
 that Mr. Oliver's account was a mif- 
 reprefentation ; and the council came 
 unanimoufly to the following refolu- 
 tions : " That Andrew Oliver, Efq. 
 fecretary of this province, by fecretly 
 taking minutes at council, of what 
 was faid by the members of the coun- 
 cil, in their debates, alfo by figning 
 a paper containing thofe minutes, 
 and further by giving his depofition 
 to the truth of it, has, in each and 
 all thofe inftances, afted inconfift- 
 ent with the duty of his office, and 
 thereby is guilty of a breach of 
 truft. 
 
 Mr. Oliver, thus ftigmatized, was 
 foon after appointed lieutenant-go- 
 vernor of the province. Unhappily 
 this wore the appearance of reward- 
 ing for his treachery to the council 
 and his enmity to the "people, which 
 tended neceflarily to diminiih the con- 
 fidence and refpeft: due to govern- 
 ment, and to fpread difcontent through 
 the province. 
 
 On the i3th of May 1770, Gover- 
 nor Hutchinfon held the ailembly at 
 Cambridge, obliging them to quit 
 Bofton, where all the public records 
 and conveniences for carrying on bu- 
 fmefs, were lodged. The two Houfes 1 
 remonftrated againft this, not only 
 as highly inconvenient and diftreffing 
 to them, and an embarraiTment to 
 public bufmefs, but an infringement 
 of their chartered rights. Notwith- 
 ftanding this, the aflembly was con- 
 tinued there for two feffions without 
 any reafon being given but mere will 
 and pleafure (fignified in inftru&ions 
 from the minifter) and then it was 
 adjourned to Bofton, not as an aft 
 of gracioufnefs, but of caprice. It 
 was impoffible but that fuch pro- 
 ceedings muft have irritated men's 
 
 mitfds, 
 
PRIOR DOCUMENTS. 267 
 
 minds, and raifed among all ranks tained touching all treafons, or mif- 
 of people a fpirit of difcontent and pnfions of treafon, committed within 
 diftruft.* 
 
 The proceedings in England were 
 not more conciliating. 
 
 Governor Bernard had, by various 
 
 falfe and inflammatory reprefenta- 
 
 his government fmce the 3Oth day of 
 December laft, and to tranfmit the 
 fame, together with the names of the 
 perfons who were the molt adive in 
 the commiflion of fuch offences, to 
 
 tions concentered upon the province one of his Majefty's principal fecre- 
 
 the whole force of royal and parlia- taries of ftate, in order that his Ma- 
 
 mentary indignation. Ke had ex- jefty may^ifTue a fpecial commiflion 
 
 prefsly accufed certain perfons of a for enquiring of, hearing and deter- 
 
 treafonable defign, their names, as he mining the laid offences within this 
 
 pretended, being enrolled for the pur- realm, purfuant to the provifions of 
 
 pofe, to feize the caftle and turn it the ftatute of the 35th year of the 
 
 againit the King's troops. 
 
 reign of King Henry the Eighth, 
 
 This intelligence produced the fol- if his Majefty mall, upon receiving 
 
 lowing addrefs from the Houfe of the faid information, fee fufrident 
 
 Lords to the King, on the icth of ground for fuch a proceeding. )r 
 December 1768, concurred in by the 
 
 His Majefty's anf=wer 
 
 I mall not fail to give thofe or- 
 ders which you recommend, as the 
 molt effectual method of bringing the 
 
 Commons on the pth of February, 
 1769. 
 
 " As we conceive, that nothing 
 
 can be more immediately neceflary, authors of the late unhappy diforders 
 either for the maintenance of his Ma- in that province to condign punifli' 
 jelly's authority in the (aid province, 
 or from guarding his Majefty's fub- 
 
 ment. 
 
 But Governor Bernard thus armed 
 jecls therein from being further de- with all the powers of government,, 
 
 luded by the arts of wicked and de- was unable to fubftantiate his accu- 
 
 figning men, than to proceed in the fation againft a Jingle perfon. The 
 
 moft fpeedy and effectual manner for . purpofes for which the accufation was 
 
 bringing to condign punilhment the devifed were fully anfwered. An 
 
 chief authors and inftigators of the odium had been fixed upon the peo- 
 
 late diforders, to befeech his Majef- pie, a military force had been lent, 
 
 ty, that he will be gracioqfly pleafed which promifed to create the very re- 
 
 to direct his Majefty's Governor of bellion he had falfely declared to ex- 
 
 Maflachufetts-Bay to take the moft ift, for the purpofe of procuring that 
 
 effectual methods for procuring the force, 
 
 /ulleft information that can be ob- The manner in which he proceed- 
 
 *The Affembly'of South Carolina was ** his endeavours to ftir up re- 
 
 about the fame time removed from Charltf- 
 tovvn to Port Royal, a remote place unfit to 
 accommodate them. This method of harraf- 
 Ungafiemblies into the nv-'afures of amiiiiftry, 
 leems borrowed from the favourite minifter of 
 Henry III. who, " to work his ends (as Gaf- 
 
 fiftance and create diforders, is thus 
 defcribed in the narrative of the town ? 
 and which he has never been able to 
 contradict, 
 
 * Governor Bernard, without con- 
 
 coign tells us) caufed the Parliament to fit fulting the council^ having given up 
 
 in <vi!Hbus et retnoth partibui regni, where few the ftate houfe tO the troops at their 
 
 t ->v\r, proper defiaumbofpMl et vtfurJium, landing, they took pofleifion of the 
 
 tould attend, and by uuttme that aliemblv u u i r 
 
 ^nrlacctoVlaceJenforce^ntheauhor's ^f^? ^ vhere the reprefentatives 
 
 ^vorJs) Wos paucos qul remanebunt de communi- of the province and the COUrt of laW 
 
 \ 'a'gni, :oncedere regi quamvis pfffima.'" held their meetings ; and (except the 
 
 M m 2 council 
 
268 
 
 PRIOR DOCUMENTS. 
 
 council chamber) of all other parts of 
 thathouie; in which they continued 
 a confiderable time, to the great an- 
 noyance of thofe courts while they 
 fat, and of the merchants and gen- 
 tlemen of the town, who had always 
 made the lower floor of it their ex- 
 change. They had a right fo to do, 
 as the property of it was in the town; 
 but they were deprived of that right 
 by mere power. The faid Governor 
 foon after, by every ftratagem and 
 method, but a forcible entry, endea- 
 voured to get poffeffion of the manu- 
 factory houfe, to make a barrack of 
 it for the troops ; and for that pur- 
 pofe caufed it to be befieged by the 
 troops, and the people in it to be 
 ufed very cruelly ; which extraor- 
 dinary proceedings created universal 
 uneafmefsj ariiing from the appre- 
 henfion that the troops, under the 
 influence of fuch a man, would be 
 employed to effect the moft dange- 
 rous purpofes ; but failing of that, 
 other houfes were procured, in which, 
 contrary to act of Parliament, he 
 caufed the troops to be quartered. 
 After their quarters were thus fettled, 
 the main guard was polled at one of 
 the faid houfes, directly oppofite to, 
 and not twelve yards from the ilate- 
 houfe, (where the general court and 
 all the law courts for the county 
 were held) with two field pieces 
 pointed to the flate-houfe. This 
 Situation of the main guard and field 
 pieces feemed to indicate an attack 
 upon the conftitution, and a defiance 
 of law ; and to be intended to affront 
 the legiflative and executive autho- 
 rity of the province.' 
 
 The general court, at the firfl fef- 
 fion after the arrival of the troops, 
 viewed jit in this light, and applied 
 to Governor Bernard to remove fuch 
 an offence, but to no purpofe. Dif- 
 gufled at fuch an indignity, and at 
 the appearance of being under du- 
 ^ they refufed to do buiinefs in 
 
 fuch a fituation, and were removed 
 to another place, to the great in- 
 convenience of the members. 
 
 Befides this, the challenging the 
 inhabitants by centinels polled in all 
 parts of the town, occafioned many 
 quarrels and great uneafinefs. It 
 was fully proved again ft Captain 
 Wilfon of the 59th Regiment, that 
 he was exciting the Negroes of the 
 town to take away their mafter's lives 
 and property, and repair to the army 
 for protection. To thefe were ad- 
 ded various outrages, fuch as the fol- 
 diers attacking and intuiting the 
 magiftrates of the town, reicuing 
 their fellows from the peace officers, 
 firing loaded mufKets in the flreets to 
 the great alarm and danger of the* 
 peaceable inhabitants, and wounding 
 perfcns frequently and wantonly with 
 their bayonets and cutlaffes. 
 
 Thefe infults and outrages did not, 
 however, produce the infurredtion 
 that was wilhed; but an humble pe-* 
 tition from the reprefentatives of the 
 people to his Majefty againil the au- 
 thor of all thofe evils Governor Ber- 
 nard. 
 
 This petition was voted the 27th 
 .of June 1769. The Governor pro- 
 rogued the affembly to January ith, 
 1770, and came over to England. 
 On the 25th of October, he prefent- 
 ed a petition to bring the 'charges 
 againlt him to a hearing, In the 
 mean time orders were fent to the 
 lieutenant-governor, Mr. Hutchin- 
 fon, to prorogue the aflembly to the 
 1 4th of March, which was done ac- 
 cordingly. Notwithflanding the agent 
 reprefented the impoffibiiitv of the 
 altembly even knowing that their pe- 
 tition was to be lizard, much lefs 
 transmitting evidence in fupport of 
 the allegations it contained, that this 
 imperil bility was created by the very 
 perfon accufed, and who, in the face 
 of that, called upon them to fupport 
 their charge, to which the. agent ad- 
 ded 
 
PRIOR DO 
 
 ded an humble prayer, that the hear- 
 ; ng might be deferred till convenient 
 time was given for the meeting of the 
 ariembly and tranfmiflion of evidence : 
 yet the petition was ordered peremp- 
 torily to a hearing on the 28th of Fe- 
 bruary, when, in default of evidence, 
 the feveral charges in it were declared 
 groundlefe, vexatious and fcandalous, 
 and that the petitioning could only 
 be with a view of keeping up a fpirit 
 of clamour and difcontent in the faid 
 province. 
 
 Thus the people had the grief and 
 mortification to find, that whether 
 they were the accufers or the accufed, 
 they were fure of being centered and 
 condemned. This man had been in- 
 ftrumental in bringing upon them the 
 odium of difaffeclion and rebellion ; 
 he had fkut the ear of the King and 
 parliament againft their applications 
 for redrefs of grievances ; he had conr- 
 tributed to the having a military force 
 fent to dragoon them ; he had, in 
 violation of an exprefs aft of parlia- 
 ment, quartered thofe troops in their 
 .town, with every circumftance of in- 
 folence and outrage ; he had fubjeded 
 them to the intelerable oppreflion of 
 being dragged three thoufand miles, 
 upon mere fufpicion, to ftruggle for 
 their lives and property, without 
 friends and without witnefies, againft 
 all the force of minifterial profecution. 
 Yet it was conceived that to petition 
 againft fuch a man could only flow 
 from factious motives, and becauie 
 his own agency in proroguing the 
 affembly rendered it impoffible they 
 Ihould even know it was required of 
 them to fupport their charges againft 
 him, thofe charges were pronounced 
 groundless and malicious. With the 
 feelings of men they could not but be 
 fenlibly affefcled by thefe proceedings, 
 which, to fpeak in the language of 
 the poet, preaching to ftones would 
 make them capable. 
 
 To heighten the colouring of thefe 
 
 C U M E N T S. 269 
 
 tranfaftions, orders were fent in 1771 
 to the Governor, to refufe his aflent 
 to any tax bill which mould include 
 the commiffioners of cuftoms. Thefe 
 gentlemen, whofe officious and incen- 
 diary zeal againft that country had 
 raifed them to office, were to be dif- 
 tinguiihed more than the firft men in 
 this country, by an exemption from 
 fharing in the common burdens of the 
 community. 
 
 In 1772, the Judges falaries were 
 ordered to be paid out of the extorted 
 revenue, and not by grants from the 
 reprefentatives of the people, as had 
 been the conftant ufage. Nothing 
 could alarm the people more than 
 this eftablimment, as it ftruck at once 
 at the very root of the impartial ad- 
 miniftration of juftice. The inhabi- 
 tants of Bofton fay in their addrefs to 
 the Governor, that ft as the judges 
 hold their places during pleafure, this 
 eftablimment was big with the moil 
 fatal evils,"' 
 
 Both Governor Bernard and Go- 
 vernor Hutchinfon had repeatedly re- 
 prefented the difcontent and oppoii- 
 tion, as arifing from a factious few 
 in BpHon ; and that the province in 
 general were averfe to their meafures, 
 and iatisfied with their fituation. To 
 afcertain the general fentiments of 
 the people, a committee was appoint- 
 ed at Bofton, to reprefent their fenfe 
 of grievances to the reft of the town- 
 fhips, and take their opinion upon, 
 them. This was accordingly done, 
 the zd of November 1772. The 
 reft of the towns concurred moft una- 
 nimoufly in the fame fenfe of grie- 
 vances, and defire of having them re- 
 drefled. 
 
 On the 6th of January 1773, Go- 
 vernor Hutchinlbn, in his fpeech to 
 the two Houfes of Affembly, chal- 
 lenges them to a controverfy upon the 
 fupreme legiflative authority of par- 
 liament. The aflembly, in their an- 
 fwer, take up the queftion as a point 
 
 of 
 
270 P R I O R D 
 
 of argument and fpeculation, refuting 
 Ms arguments, and controverting his 
 conclufions. It was a queftion, which, 
 cf themielves, they had never ven- 
 tured to agitate, and they entered 
 into it now, when publicly provoked 
 to it, with avowed reluctance. " We 
 have the higheft refpect," fay they, 
 * for that auguft body the Parlia- 
 ment, and do not prefume to pre- 
 fcribe the exact limits of its authority. 
 Yet, with the deference that is due 
 to it, we are humbly of opinion, that 
 as all human authority, in the na- 
 ture of it, is and ought to be limited, 
 it cannot conftitutionally extend, for 
 the reafons we have above fuggefted, 
 to the levying of taxes in any form 
 on his Majefty ? s fuhjccts cf this pro- 
 vince. TheSfe are great and profound 
 erueftions. It is the grief of this 
 Houfe, that by the ill policy of a late 
 injudicious adminiftration, America 
 feaa been driven into the con tem- 
 pi atkiyn of them. And we cannot 
 but exprefe our concern, that your 
 Excellency by your fpeech has re- 
 duced us to the unhappy alternative, 
 either of appearing by our ftlence to 
 accfuiefce in your Excellency's fenti- 
 ments, or of thus freely difcuffing this 
 point/' 
 
 The moll charitable conftrnction of 
 this conduct in the Governor is, that 
 it was prompted by indiicreet zeal ; 
 the moft probable conjecture is, that 
 it was a fnare laid for the two Houks 
 to draw them into fuch a denial of 
 the fupreme legislative authority of 
 this country, as might expofe them 
 to its utmoft indignation. Whether 
 it arofe from malice or indifcretion, 
 moil certainly it was courting the 
 djfeufiion of a queftion which com- 
 mon fenfe and common' honefty would 
 fmve wimed to cover with a facred 
 and impenetrable veil. But the two 
 Hcufes, though compelled into the 
 crifcuifion of the right as a fpeculative 
 . ., bad no id^a -of drawing it into 
 
 OCUMENTS. 
 queftion praftically. For in March 
 following, the Houfe of Reprefenta- 
 tives tranfmitted a letter to the fecre- 
 tary of irate, (the Earl of Dart- 
 mouth) in which they thus ftate the 
 exercife of that power,- which was 
 queftionable as to the right and grie- 
 vous in its operation. 
 
 " Your Lordfhip is well acquaint- 
 ed with the feveral ads, by which the 
 Britim Parliament have thought pro- 
 per, within a few years paft y to raife 
 a revenue in America, without our 
 confent. The many and weighty 
 reafons againft, and objections to 
 thofe acts, are fo well known and un- 
 derftood by your Lordfhip, that we 
 mall not take off your attention to 
 the great affairs of the nation, by 
 particularly mentioning them a r this 
 tirne : we only beg leave to fay that 
 we apprehend- they tend to injure our 
 commerce and fub vert our liberties, 
 and therefore are unjuft, impolitic, 
 and deftructive of the real intereft o 
 the whole empire.'* 
 
 The fame temper and moderation 
 appears in the letter addrefied by both, 
 Houfes to the Earl of Dartmouth. 
 Province of the Ma//acbufe;t:-Bay t 
 
 June 29th, 1773. 
 My Lord* 
 
 " The re-eftabli/hment of the union 
 and harmony that formerly fubfifted 
 between Great-Britain and her colo- 
 nies is earneitly to be wimed by the 
 friends of both. As your Lordfhip 
 is one of them, the two Houfes of the 
 Afiemblv of this province beg leave 
 to addrels you. The original caufes 
 of the interruption of that union and 
 harmony may probably be found in 
 the letters fcnt from hence to admi- 
 niitration, and to other gentlemen of 
 influence in parliament, fince the ap- 
 poiritment or Sir Francis Bernard to, 
 the government of this province ; and 
 there is great reafon to apprehend, 
 that he and his coadjutors originally 
 
 re- 
 *Tfcc Right Hon. ^Le Karl of Dartmouth 
 
PRIOiR DOCUMENTS. 
 
 commended anci laid the plans for the 
 dtablifhing the American revenue, 
 out of which they expected large fti- 
 pends and appointments for them- 
 felves, and which, through their in- 
 flrumentality, has been the occafion 
 of all the evils that have fince taken 
 place, 
 
 *' When we had humbly addreffed 
 his Majelly, and petitioned both 
 Houfes of Parliament, reprefenting 
 our grievances; and praying for the 
 repeal of the revenue acts, the like 
 inftruments, and probably the fame, 
 exerted themfelves to prevent thofe 
 petitions being laid before his Ma- 
 jefty and the Parliament, or to fruf- 
 trate the prayer of them. Of this 
 we have juft had fome new and unex- 
 pected evidence from original letters 
 of Governor Hutchinfon and Lieu- 
 tenant-Governor Oliver; in which 
 the former particularly and exprefsly, 
 by his letter of the loth of Decem- 
 ber 1768, endeavoured, in co-opera- 
 tion with Governor Bernard, to fruf- 
 trate a petition of a number of the 
 council for the repealing thofe acts, 
 and to procure his Majefly's cenfure 
 on the petitioners ; and the letters 
 of the latter, by the difadvantageous 
 idea conveyed by them of the two 
 Houfes of Affembly, manifeftly tend- 
 ed to create a prejudice againft any 
 petitions coming from a body of fuch 
 a character; and his letter of the 
 nth of May 1768 in particular, 
 mentidns the petition of the Houfe 
 of Reprefentatives to his Majefty, 
 and their letters to divers noble 
 Lords, with fuch circumftances as 
 had a tendency to defeat the petition, 
 and render the letters of no effect. 
 
 tf It is now manifeft, my Lord, 
 what practices and arts have been 
 iifed to miflead adminiftration, both 
 in the firft propofal of American re- 
 venue adls, and in the continuance 
 of them : but when they had loft 
 
 their force, and there appeared, un- 
 der the influence of your Lordfhip, a 
 difpofition in Parliament to repeal 
 thofe acts, his Excellency Governor 
 Hutchinfon, in his fpeech at the 
 opening of the laft feflion of the ge- 
 neral court, was pleafed to throw out 
 new matter for contention and de- 
 bate, and to call on the two Houfes, 
 in fuch a preffing manner as amount- 
 ed to little ihort of a challenge to 
 ahfwer him. Into fuch a dilemma 
 were they brought by the fpeech, 
 that they were under a necefiity of 
 giving fuch anfwers to it as they did, 
 or having their conduct conftrued 
 into an acquiefcence with the doc- 
 trines contained in it, which would 
 have been an implicit acknowledg- 
 ment that the province was in a ftate 
 of fubjection differing very little from 
 flavery. The arifwers were the effecl 
 of necefiity, and this neceflity occa- 
 fioned great grief to the two Houfes. 
 The people of this province, my 
 Lord, are true and faithful fubjects 
 of his Majefty, and think themfelves 
 happy in their connection with Great 
 Britain. 
 
 " They would rejoice at the refto- 
 ration of the harmony and good will 
 that once fubfifted between the pa- 
 rent ftate and them : but it is in vain 
 to expect this happinefs during the 
 continuance of their grievances, and 
 while the charter rights, one after 
 another, are wrelted from them. A- 
 mong thefe rights is the fupporting 
 of the officers of the crown by grants 
 from the affembly ; and in an efpe- 
 cial manner, the fupporting of the 
 judges in the fame way, on whofe 
 judgment the province is dependent 
 in the moft important cafes, of life, 
 liberties, and property. If warrants 
 have not yet been, or if they already 
 have been iffued, we earneftly beg 
 the favour of your Lordlhip's inter- 
 pofition to fupprefs or recal them. 
 
 9 
 
2 7 2 
 
 PRIOR DOCUMENTS. 
 
 Jfyour Lord/hip Jhould condefcend to ajk 
 what are the means of restoring the har~ 
 mony fo much defired, we Jhould anjkver 
 in a word, that we are humbly of 
 opinion, if things were brought to the 
 general ft ate in which they flood at the 
 conclufion cf the late war, it would re- 
 J}ore the happy harmony which at that 
 timefulfifted. 
 
 " Your ^ordfhip's appointment fo 
 be principal Secretary of State for 
 the American department has given 
 the colonies the higheft fatisfaction. 
 They think it a happy omen, and 
 that it will be productive of Ameri- 
 can tranquility, confiftent with their 
 rights as Britilh Subjects. The two 
 Houfes humbly hope for your Lord- 
 ihip's influence to bring about fo 
 happy an event, and in the mean 
 time they can with full confidence re- 
 ly on your Lordfhip, that the machi- 
 nations of Sir Francis Bernard, and 
 other known enemies of the peace of 
 Great-Britain and her colonies, will 
 not be fuffered to prevent or delay it. 
 
 " This letter which has been a- 
 greed on by both Houfes, is in their 
 name, and by their order, figned and 
 tranfmitted to your Lordlhip, by, my 
 Lord, your Lordihip's moil obedient, 
 and very humble fervant, 
 
 THO. FLUCKER, Secretary. " 
 (COPY.) 
 
 In the mean time the reprefentatives 
 of the people have omitted no oppor- 
 tunity of laying their griefs at the foot 
 of the throne, with the moil humble 
 fupplications for relief. 
 
 Their petition to the King in 1772 
 fpeaks thus: " The inhabitants of 
 this province had long ihared in the 
 bleffings of good government under 
 the mild adminiftration of your Ma- 
 jefty and your royal predeceflbrs, until 
 your Bntiih Parliament favv fit to 
 pafs divers acts for the exprefs pur- 
 pofe of railing a revenue in America, 
 without the confent of your ftibjects 
 
 inhabiting therein. It was this^ that 
 filled the minds of your fubje&s of 
 this province with difcontent ; being 
 grieved that your Majeily's council 
 fhould advife to a meafure, which in 
 a great degree deprives them of the 
 rights and liberties of free and natu- 
 ral fubje&s granted to them by the 
 charter. The Houfe of Representa- 
 tives did, in the year 1768, demon- 
 ilrate to your Majeily this grievous 1 
 infraction of their deareit rights of 
 Englifhmen. Our hearts are toa 
 deeply impreffed with loyalty and 
 affection to your Majcily's perfon and 
 family to imagine, that a failure of 
 the redrefs then prayed for, can be 
 imputed to any want of paternal re- 
 gard in your royal mind for all your 
 fubje&s. It becomes us rather to fup- 
 pofe, that the petition and complaint^ 
 unfortunately for us, did not reach 
 the throne.' 7 
 
 They repeat the fame fubjefl of 
 complaint in their petition of 1773, 
 in thefe words : " The Parliament 
 of Great-Britain, in which your fub- 
 jefts here are not and cannot be re- 
 prefented, hath exercifed a power of 
 raifing a revenue within the province,- 
 to the great grief and diftrefs of 
 your Majeily's people, and, we con- 
 ceieve, in repugnance to the royal 
 charter. Your petitioners did, at 
 the laft feifion of this afTembly, 
 make their humble fupplication to 
 your Majefty, praying the interpo^ 
 fition of your royal clemency for 
 the redrefs of their grievances ; but 
 we know not whether our petition 
 was ever laid before your Majef- 
 ty." 
 
 Befides the caufes of uneafmefs and 
 irritation already mentioned, fundry 
 inftruftions have been fent to the go- 
 vernor of this province, fince the 
 year 1770, which tended to keep the 
 people in continual alarm and difcon- 
 tent. The nature of thefe inftruc- 
 
 fiooi 
 
PRIOR DOCUMENTS. 
 
 27* 
 
 dons Is full explained in the follow- ral court to impofe and levy propor- 
 tionable and reafonable rates and 
 taxes upon the eftates and perfons of 
 all and every the proprietors and in- 
 habitants of the province, yet the 
 
 ing extract from a letter of the Houfe 
 of Reprefenta tivcs, to the Earl of 
 Dartmouth. 
 
 We cannot refrain from exprefT- 
 
 ing our ftrongeft apprehenfions, that Governor has been inftru&ed not to 
 the infiruftions which have of late been - r - - - 
 
 <riven to the governor by the mini- 
 ilry, if perfifted in, will entirely de- 
 ftroy our liberties and fubvert our 
 happy conftimtion. In purfuance of 
 inftr actions, the garrifon of our prin- 
 cipal fortrefs, Cattle- William, has 
 
 give his confent to any law or laws, 
 by which the commiffioners, or any 
 perfon employed in the King's fer- 
 vice, whole offices have no peculiar 
 relation to this province, {hall be 
 taxed. This we conceive is repug- 
 nant to the privilege granted by char- 
 
 over 
 
 been withdrawn, and a garrifon of ter, which makes the general court 
 
 the only proper judges, who are to 
 be exempted from taxes. By in- 
 ftruclion alfo, the Governor is forbid 
 to give his confent, upon any pre- 
 tence whatever, to any vote or order 
 for the payment of any falary or al- 
 lowance to any perfon or perfons ap 
 pointed to negotiate the affairs of the 
 province in Great Britain, other 
 than fuch as mail be thereunto ap- 
 pointed by an aft of the whole legif- 
 lature, or by a vote of the Houfe of 
 Reprefcntatives, to which the Gover- 
 nor and council refpeclively have 
 given their concurrence. Of what 
 fervice can fuch an agent be to the 
 
 his Majelty's regular troops 
 whom the governor has declared he 
 has no controul, placed in their ftead. 
 By this means the governor has no 
 longer that command of this for- 
 trefs, which he is veiled with by the 
 royal charter. Upon this occafion 
 we would refer it to your Lordfliip's 
 confideration, whether the eftablilh- 
 ment of the office, and power of a 
 military commander in chief, not 
 fubordinate to, but independent of, 
 uncontrouled by, and in fome in- 
 fhnce* fuperfeding the power and 
 authorities already granted to the 
 governors and captains-general of the 
 
 provinces, with a jurifdicdon extend- province, efpecially while matters 
 ing over the whole continent of which fo nearly affect the very funda- 
 America, is not repugnant to law, 
 and to the principles of prudence 
 and found policy ; and muft not be 
 very alarming to all thofe who have 
 
 any regard for the liberties of the 
 con/11 tution either of Great-Britain, 
 or of the colonies. 
 
 " By virtue of infractions, the 
 honourable his Maj city's council are 
 forbid to meet and tranfact matters 
 of a public concern, as a council 
 of advice to the governor, unlefs 
 called by the governor ; and if they 
 mould fo meet at any time, the go- 
 vernor is ordered to negative them at 
 the next election. 
 
 " Nof.vithftanding the charter ful- 
 ly authoriks and empowers the gene- 
 
 mentals of the conftitution are in 
 difpute. For if he mult receive his 
 inftructions from all the branches of 
 the legiflature, as may, and un- 
 doubtedly will be infilled on, can it 
 be expected they will agree in a fet 
 of inltructions in our prefent critical 
 fituation ? If it mould be faid that 
 either branch would have a right to 
 inftruct the agent feparately, yet it 
 may happen, efpecially if the agent 
 be equally obliged to purfue his in- 
 ftructions from each branch, that in 
 the moft important matters the in- 
 ftructions will be various and contra- 
 dictory, which muft totally deprive 
 us of any benefit from his agency, in 
 all fuch cafes. In fliort, . it is de- 
 N n feating 
 
274 
 
 PRTOR DOCUMENTS. 
 
 feating us of every valuble purpofe, 
 as we conceive, that might accrue to 
 the province by an agent at the court 
 of Great Britain. Moreover, with 
 fuch an agent, under the direction of 
 the three branches, will it not be 
 utterly impracticable for the aflembly 
 ever to lay before their Sovereign 
 their complaints againft the corrupt 
 and arbitrary adminiftration of a 
 Governor ? Self-defence, my Lord, 
 whether it regard individuals or bo- 
 dies of men, is the firft law of na- 
 ture. The right of defence includes 
 all means requifite and proper for 
 that defence, and confequently a 
 right to appoint and fupport their 
 own defender* It muft therefore ap- 
 pear, that the houfe has, more efpe- 
 cially when their deareft rights are at 
 Hake, a clear and juft right to ap- 
 point an agent for themfelves, with- 
 out the concurrence of the Gover- 
 nor. 
 
 " It muft be apparent to you* 
 Lordfhip, that while our judges holo^ 
 their commiffions during pleafure 
 only, if they are to receive their fup- 
 port from the crown, independent 
 of the free grants of the people, they 
 will be dependent on the crown both 
 for their places and fupport ; and we 
 fhould (ubmit to your Lordfhip's 
 confideration, whether this be not a 
 fituation in which no man could wifh 
 to be, who is properly impreffed 
 with a fenfe cf human depravity, or 
 who has a due regard for juftice. In 
 fuch a cafe, what decifions muft the 
 peoole expert, when the difpute lies 
 between prerogative and privilege ? 
 
 " We beg your Lordfhip's candid 
 attention to the unhappy circum- 
 ilances of the province; and hope the 
 reprefentation we have made of our 
 grievances will meet with a favoura- 
 ble reception. The colonies are far 
 f/om being infenfible of their happi- 
 nefs, iu being connedled with the 
 mother country, and of the' mutual 
 
 benefits derived from it ; and mall at 
 all times efteem it our glory to culti- 
 vate, as far as our influence may 
 extend, the warmeft fentiments of 
 loyalty and affedlion to his Majefty, 
 and to promote a happy union and 
 harmony between the fubjecls of 
 Great Britain and thofe of the colo- 
 nies. We are greatly aggrieved. 
 We think it our indifpenfable duty 
 to point out to your Lordfhip our grie- 
 vances ; we have frequently done it 
 heretofore to adminiftration. We 
 have failed of fuccefs. Inftead of 
 being relieved, our grievances have 
 been increafed. Our conftituents 
 are juftly and univerfally alarmed, 
 and filled with anxious concern at the 
 prefent pofttue of affairs." 
 
 It is proper to fay a iingle word 
 about agency, Mr. De Berdt was 
 appointed by the Houfe only, yth 
 November 1765; he was admitted, 
 without the leaft queftion, as agent, 
 at the Board of Trade, under dif- 
 ferent adminiftrations, and Gover- 
 nor Bernard gave his affent to a 
 Bill for paying his falary fo late 
 as the year 1768. It happened to 
 be the duty of the agent foon 
 after to convey the complaints of 
 his conftituents to the throne, both 
 againft the minifter and the go- 
 vernor. In this bufmefs a faithful 
 honeft agent was found exceedingly 
 troublefome. Such reprefentations 
 were therefore made by the gover- 
 nor, and fuch inftru&ions fent by 
 the minifter, as incapacitated the 
 Houfe from paying their agent, un- 
 lefs they would have one approved 
 of by the very perfons againft whom 
 it might be his duty to ad. This 
 meafure needs no comment. It is 
 not in human depravity to devife 
 an aft of more grofs injuftice, than 
 that of debarring men of the means 
 of defending themfelves when ac- 
 cufed, or of complaining when in- 
 jured. 
 
 With 
 
PRIOR DO 
 
 With all thefe repeated difap- 
 pointments and accumulated grie- 
 vances rankling in the minds of 
 the people, the Houfe of Reprefen- 
 tatives received, through the hands 
 of their 3ent, fome original let- 
 ters written by their Governor and 
 Lieutenant Governor to perfons of 
 influence in England. Thefe let- 
 ters contained a moft unfavourable 
 reprefentation of the principles and 
 proceedings of the people, and of 
 their reprefentatives. They called 
 for puniihment upon individuals, 
 and reftraints upon the whole by 
 an abridgement of their liberties. 
 The means of altering the char- 
 ter, and of new modelling the con- 
 ftitutlon of the colony, fo as to ren- 
 der the crown abfolute, were point- 
 ed out with a malignant ability. 
 Strong injunctions were added of 
 the neceflity of finding out fome 
 way, f< to TAKE OFF the original 
 incendiaries," left they mould " con- 
 tinue to inftil their poifon into the 
 minds of the people." 
 
 Thefe letters were read with grief, 
 aftonifhment, and indignation. The 
 people viewed the writers of them 
 in the moft criminal light. They 
 confidered them as the intentional 
 anthors of all their paft calamities, 
 and the enemies of their future 
 peace and happinefs. What aggra- 
 vated the crime was, that thefe men 
 were their countrymen, had always 
 profe/Ted the warmeft wimes for the 
 welfare of the province and of the 
 people ; and in confequence of thofe 
 profeffions, had obtained their high- 
 eft confidence and refpeft. This, 
 character was peculiarly competent 
 to one of the letter writers. He 
 was the Strajfird of his time. The 
 fecret manner in which the letters, 
 had been conveyed, made the trea- 
 chery tenfold more terrible and offen- 
 five. 
 
 The Hpufe of Reprefentatives 
 
 C U M E N T S. 275 
 
 voted an humble petition to the 
 King for the removal of thefe go- 
 vernors, " who had rendered them- 
 felves juftly obnoxious to the people, 
 and entirely loft their confidence," 
 His Majefty's council in the pro- 
 vince refolved, at the fame time, that 
 it would be for his Majefty's fervice, 
 and the peace of the province to re- 
 move them. 
 
 This petition was heard before 
 a Committee of the Lords of the 
 Privy Council, where an illiberal 
 lawyer was hired and permitted to 
 abufe the petitioners and their agent, 
 in the grofTeft terms fcurrility could 
 invent ; and the Lords reported, 
 *' That the petition was ground- 
 lefs, vexatious and fcandalous, and 
 calculated only for the feditious pur- 
 poies of keeping up a fpitit of cla- 
 mour and difcontent in the pro- 
 vince. That nothing had been laid 
 before them which did or could, in. 
 their opinion, in any manner, or in 
 any degree impeach the honour, in- 
 tegrity or conduct of the governor or 
 lieutenant governor," 
 
 It is curious to obferve that Mr. 
 Hutchinfon, in his hiftory, has de- 
 fcribed his own fituation in that of 
 Governor Dudley, in the year 1705. 
 " The people (fays he) in general, 
 looked upon him as an enemy, nevn. 
 to the privileges of the new char- 
 ter. Sir Henry .4Jhurft procured an 
 original letter, wrote by the gover- 
 nor's fon Fault who was then Attor- 
 ney general, to Mr. Floyd, and fent 
 it to New England, in which were 
 thefe expreffions, the government and 
 colledge are difpofcd of here in chimney 
 corners y and private meetings, as con- 
 fdently as can be This country will 
 never be iwrtb living in, for gen- 
 tlemen and lawyers, till the charter _ 
 is. taken away. Copies were dif- 
 perfed about the province, and the 
 letter was foon after printed." 
 N n 2 Sir 
 
27 6 PRIOR DO 
 
 Sir Henry Aihurft was agent for 
 the province, and a man of high 
 charadler, credit, and honour. Mr. 
 Hutchinfon p'affes no cenfure on this 
 action, neither does it appear to have 
 been cenfured at the time. Not that 
 Wedderburns were wanting, but that 
 the times did not countenance their 
 fcurrility. 
 
 In December 1773, a large quan- 
 tity of tea, fhipped by the Eafi 
 India company, with the duty im- 
 pofed by Parliament to be paid in 
 America, arrived at Boiton. All 
 the colonies to which the tea under 
 the fame circumflances was deftined, 
 had publicly refolved that it fliould 
 not be admitted. The directors of 
 the Eaft India company had been 
 forewarned of its fate, and an offer 
 made before it was ihipped to pay 
 the duty here. But the tea was 
 deftined to produce the commotions 
 it occafioned, and the offer was re- 
 jected. The people met in Bofton, 
 and infifted on the tea being fent 
 back. The governor refufed to per- 
 mit the fhip to return, upon which 
 fome perfons in difguife deftroyed 
 it in the night. It is manifeft that 
 the governor intended to urge them 
 to this extremity, or elfe he would 
 have afted, as General Haldimand 
 writes he expe&ed Governor Tryon 
 would do, " to prevent dangerous 
 extremities, rather chufe to permit 
 the teas mould be fent back to Eng- 
 land." The fame was permitted 
 at Philadelphia, and the tea aftu- 
 ally fent back on the 2yth of De- 
 cember. General Haldimand declare! 
 this was the determination of every 
 colony, tf The ieveral governors 
 (iys he) of other provinces, will 
 undoubtedly make your Lordihip 
 acquainted with the oppofition in- 
 tended, and made in their refpec- 
 tive governments ag^inft the land- 
 ing the tea 5 the whole proceeding 
 
 C'U M E N T S, 
 
 from an almoft unanimous refolution 
 not to pay any new duties or taxes 
 laid by the Parliament of Great 
 Britain." 
 
 Governor Hutchinfcn's fon ancj 
 his near relation were the conlignees 
 of the tea, and the perfons moit in- 
 tereiied in the fale of it. As the 
 confignees had refufed to reiign the 
 tea, their windows were broke by 
 the mob. Upon this they applied to 
 his Majefly's council for protection ^ 
 who came to the following report 
 upon the application. 
 
 " In council Nov. 27, 1773, t ^- 
 petition of Richard Clark, Efq ; 
 and others (to whom the Eafi India 
 company have configned a quantity. 
 of their tea) being referred to this 
 day, the fame was taken up ; and 
 after long debates, Mr. Dnnforth, 
 Mr. Bovvdoin, Mr. Dexter, and Mr. 
 Winthrop, were appointed a com- 
 mittee thereon, who reported, an4 
 the report after debate was referred 
 for further confideration to Monday 
 next, at ten o'clock, A. M. 
 
 " Monday, Nov. 29, 1773. The 
 faid report was again conftdered, and 
 after fome amendment unanimoufiy 
 agreed to. It is as follows : 
 
 " Previous to the confideration 
 of the petition before the Board, 
 they would make a few obfervations 
 occafioned by the fubjecl of it. The 
 fituation of things between Great 
 Britain and the colonies has been 
 for fome years paft very unhappy. 
 Parliament on the one hand has 
 been taxing the colonies, and they 
 on the other have been petition- 
 ing and remon (bating againft it; 
 apprehending they have conititution- 
 ally an exclufive right of -taxing 
 thernfelves, and that without fucn 
 a right their condition would be 
 but little better than fkvery. Pof- 
 feifed of thefe fentiments, every new 
 meafure of Parliament, tending to 
 
 eitablifc 
 
PRIOR DOCUMENTS. 177 
 
 eftablim and confirm a tax on them, operation with refpeft to the defray- 
 
 renews and increafes their diftrefs ; ing the charge of the adminiftra- 
 
 and it is particularly increafed by the don of juftice, which would not only 
 
 aft lately made, empowering the be a further diminution of thofe 
 
 Eaft India company to mip their tea rights, but tend in all conftitutional 
 
 to America. queftions, and in many other cafes 
 
 " This aft in a commercial view of importance, to bias the judges 
 they think introduftive of mono- againil the fubjeft. They humbly 
 polies, and tending to bring on rely on the juftice and goodnefs of 
 them the extenfive evils thence arif- his Majefty for the reititution and 
 ing : but their great objection to prefervation of thofe rights, 
 it is from its being manifeftly in- ** This fhort ftate of facts the 
 tended (though that intention is not Board thought neceffary to be given, 
 cxprefled therein) more effectually to fhew the caufe of the prefent great 
 to fecure the payment of the duty uneaiinefs, which is not confined to 
 on tea, laid by an aft palled in the this neighbourhood, but is general 
 yth year of his prefent Majefty, in- and exteniive. The people think 
 titled, e An aft for granting certain their exclufive right of taxing them- 
 duties in the Britifh Colonies and felves by their reprefentatives in- 
 Plantations in America ;' which aft fringed and violated by the aft above- 
 in its operation deprives the colo- mentioned ; that the new aft, em- 
 nifts of the right above-mentioned powering the Eaft India company 
 (the exclufive right of taxing them' to import their tea into America, 
 (elves) which they hold to be fo confirms that violation, and is a 
 cfTential an one, that it cannot be new effort, not only more effeftu- 
 taken away, or given up, without ally to fecure the payment of the 
 their being degraded, or degrading tea duty, but lay a foundation for 
 themfelves below the character of the enhancing it ; and in a like 
 men. It not only deprives them way, if this mould fucceed, to lay 
 of that right, but enafts that the other taxes on America ; that it is 
 monies arifmg from the duties grant- in its attendants and 'confequences 
 ed by it may be applied " as his ruinous to the liberties and proper- 
 Majefty or his fucceiTors {hall think ties of themfelves, and their pofte- 
 proper or neceflary, for defraying rity ; that as their numerous peti- 
 the charges of the adminiftration tions for relief have been rejefted, 
 of juftice, and the fupport of the the faid new aft demonftrates an 
 civil government, within all or any unwillingneis in miniftry that par- 
 of the faid colonies and planta- liament mould grant them relief; 
 tions." that this is the fource of their dif- 
 
 " This claufe of the aft has al- trefs that borders on defpair; and 
 
 ready operated in fome of the colo- that they know not where to apply 
 
 nies, and in this colony in particular, for relief. 
 
 with regard to the fupport of civil " Thefe being the fentiments of 
 government, and thereby has ope- the people, it is become the indif- 
 rated in diminution of its charter pen fable duty of the Board to men- 
 rights, to the great grief of the good tion them, that the occaiion of the 
 people of it, who have been, and late demands on Mr. Clark and 
 Jiill are, greatly alarmed by repeated others (the agents for the Eaft India 
 reports, that it is to have a further company) and of the confequent dif. 
 
 turbauces, 
 
PRIOR DOCUMENTS. 
 
 turbances, might appear : and we 
 mention them, not to juftify thofe 
 difturbances, the authors of which 
 we have advifed mould be profecuted, 
 but to give a juft idea of the rife of 
 them. 
 
 " On this occafion, juftice impels 
 us to declare, that the people of this 
 town and province, though they have 
 a high fenfe of liberty, derived from 
 the manners, the example and con- 
 ftitution of the mother country, have, 
 till the late parliamentary taxations 
 of the colonies, been as free from 
 difturbances as any people what- 
 ever. 
 
 *' This reprefentation the board 
 thought neceffary to be made prior to 
 their taking notice of the petition of 
 the agents above-mentioned; to the 
 coniideration cf which they now pro- 
 ceed. 
 
 ," The petitioners f beg leave to 
 refign themfelves, and the property 
 committed to their care, to his Ex- 
 cellency and the board, as guardians 
 and protectors of the people, pray- 
 ing that meafurcs may be directed to 
 for the landing and fecuring the tea, 
 &c.' With regard to the personal 
 protection of the petitioners, the 
 board have not been informed, that 
 they have applied for it to any of 
 the juilices of the peace ; within wfrote 
 department it is to take cognizance 
 of the cafe of the petitioners, and of 
 all other breaches of the peace ; they 
 being veiled by law with all the au- 
 thority neceffary for the protection of 
 his Majefty's fubjects. In the prin- 
 cipal inftance of abufe,* of which 
 they complain, the board have alrea- 
 dy advifed, that &he authors ihould 
 be profecuted according to law ; and 
 they do advife the farms in the 
 other inftances mentioned in their pe- 
 tition. 
 
 " With regard to the tea commit- 
 ted to the care of the petitioners, the 
 * Some of their windows were broken. 
 
 board have no authority to take either 
 that or any other merchandize out of 
 their care ; and mould they do it, 
 or give any order or advice concern- 
 ing it, and a lofa enfue, they appre- 
 hend they mould make themfelves re- 
 fponfible for it. With refpeft to the 
 prayer of the petition, " that mea- 
 fures may be directed to for landing 
 and fecuring the tea," the board 
 would obferve on it, that the duty on 
 the tea becomes payable, and muft be 
 paid, or fecured to be paid, on its 
 being landed. And ihould they di- 
 rect or advife to any meafure for 
 landing it, they would of courfe ad- 
 vife to a meafure for procuring the 
 payment of the duty, and therefore 
 be adyifrng to a meafure inconfiilent 
 with the declared fentiment of both 
 Houfes in the laft winter feffion of 
 the general court, which they appre- . 
 hend to be altogether inexpedient and 
 improper, 
 
 " The board, however, on this oc- 
 cafion aiTure your Excellency, that as 
 they have feen, with regret, fome 
 late difturbances, and have advifed to 
 the profecuting the authors of them, 
 fo they will, in ail legal methods, 
 endeavour, to the utmoft of their pow- 
 er, to prevent them in future. 
 
 " Whereupon advifed, That his 
 Excellency renew his orders to his 
 Majefty's juftices of the peace, meriffs, 
 and other peace officers, to exert 
 themfelves to the utmoft for the fe- 
 curity of his Majefty's fubjects, the 
 prefervation of peace and good order,, 
 and for preventing all offences againft 
 the law." 
 
 On the 1 8th of February 1774, 
 the whole Houfe of Reprefentatives 
 waited on the governor with a fecond 
 petition, for the removal of the chief 
 juftice, who had rendered himfelf in- 
 capable, by accepting a falary from, 
 the crown, at whofe will he alfo held 
 his place. They fay, " Your Ex- 
 cellency will pleafe to coniider that 
 
 this 
 
PRIOR DO 
 
 this Houfe is well acquainted with 
 the general fenfe of their conftituents 
 in this matter ; and we can now af- 
 fure you, that the continuance of 
 the chief juftice in his place, will 
 increafe the uneafmefs of the people 
 without doors, and endanger the pub- 
 lic tranquility. We therefore ear- 
 neftly intrea: your Excellency, that 
 while we are in this inftance em- 
 ploying the powers with which \^e 
 are entrufted in promoting the tran- 
 quillity and good order of govern- 
 ment, ' we may/ agreeably to your 
 declaration in your fpeech to both 
 Houfes, ' find that you are ready to 
 give your confent to a requeft of 
 the Houfe intended for that and other 
 great and important purpofes :' and 
 that your Excellency will immedi- 
 ately take every ftep for the removal 
 of the chief juftice from the fuperior 
 court. " 
 
 The governor returned them a po 
 fitive denial, accompanied with a cu- 
 rious piece of equivocation. The 
 Houfe had prayed that he would take 
 the advice of his Majefty's council 
 upon their petition, conformable to 
 the charter. To which he anfvvers, 
 That though he was by charter to 
 act with the advice and affiftance of 
 his council, yet the fummoning of 
 the council was in bis difcretion. Thus 
 was the protective provifion of the 
 charter effectually evaded. 
 
 This is a full and fair ftate of the 
 proceedings in and refpecting the 
 province of the Maflachufetts-Bay, 
 from the year 1762 to 1774* 
 
 The candid reader will judge what 
 caufes of difcontent have been given 
 them, and whether they have opera- 
 ted beyond their natural bounds. If 
 they have been particularly unquiet, 
 they have alfo been particularly irri- 
 tated and injured. Imagining our- 
 felves in their fituation, will, I be- 
 lieve, prevent us from fevcrely cen- 
 furing their conduct. 
 
 C U M E N T & *79 
 
 It is manifefl that they have con- 
 jftantly expreffed their complaints in 
 petitions conceived in the inoft mea- 
 fured language of fubordination and 
 refpect. That they, have repeatedly 
 acknowledged the fupreme legiflative 
 authority of parliament. That the 
 only inftance in which they feem to 
 have queftioned it, was in a mere fpe- 
 culative difpute, purpofely provoked 
 by the governor. That the conftant 
 fubject of their complaints has been 
 the having their money taken from 
 them without their confent ; the fub- 
 ftituting a dependent judge, bribed 
 by being paid out of the forfeitures* 
 to determine in all caufes of revenue, 
 by the rules of the civil law, and 
 without a jury ; and the violation of 
 their fecurity in the due adminiftra- 
 tion of government and of juftice, by 
 rendering the governor and judges 
 totally dependent on the crown. That 
 their wifh has been to return to the 
 ftate in which they were before the 
 paffing thefe laws and fending theie 
 inftructions, and not to become inde- 
 pendent of Great-Britain. This ap- 
 pears not only from their repeated 
 and authentic declarations, but from. 
 Governor Hutchinfon's letters. ' The 
 enemies of government (fo is he 
 pleafed to ftile the Council, the Houfe 
 of Reprefentatives, and the people) 
 gave out, that their friends in parlia- 
 ment were increafmg, and all things 
 would be foon on the old footing ; in 
 other words, that all acts impofing 
 duties would be repealed, the com- 
 miflioners board diflblved, the cuftoms 
 put on their old footing, and illicit 
 trade be carried on with little or no 
 hazard.' The malignity of this re- 
 flection upon the people, will plainly 
 appear .from the following declara- 
 tion of Governor Bernard, whofe tei- 
 timony in their favour will hardly be 
 queftioned. c I do not pretend, fays 
 he, that this province is entirely free 
 from the breach of thofe laws (of 
 
 trade,) 
 
PRIOR DOCUMENTS. 
 
 trade,) but only that mch breach, if are, the Governors Bernard 
 difcovered, \$ furely puniJhedS What 
 more can be laid of the beft country 
 upon earth ? Yet Governor Hutchin- 
 fon doe's not fcruple to charge them 
 
 and 
 
 Hutchinfon : the former of whom 
 has long laboured under an accufa- 
 tion upon oath of grofs corruption 
 in his office ; the latter has been de- 
 
 with having been all fmugglers, and te&ed in the bafeft plot againft their 
 to throw an odium upon their ftrug- liberties ; and both are at open en- 
 gling for their rights by the impu- mity with the people, having been 
 tation of their fole object being to petitioned againil by their reprefen- 
 renevv that illicit trade with impu- tatives, as univerfally odious. How 
 
 far the representatives of men fo 
 circumftanced can be prefumed fair 
 and impartial, or deferve credit, 
 mull be left to the candid to deter- 
 
 mty. 
 
 It muft alfo appear from their pro- 
 ceedings, that their great crime has 
 been their conftancy in petitioning 
 for redrefs of grievances ; which has 
 been attempted to be reprefied, even 
 
 mine. 
 
 We have feen their petitions either 
 
 by the moil unjuilifiable means of intercepted, or treated with a con- 
 
 refuiing them an agent to vindicate 
 them when mifreprefented, and fup- 
 
 temptuous filence, or anfvvered with 
 the feverefl cenfures. Seven years 
 
 port their complaints. While this fupplication has brought no relief. 
 common right of juftice is denied And now, to fill up the meafure of 
 them, perfons are notorioufly hired their misfortunes, their port is flopt 
 here to load them in the public pa- up, their charter is to be fubverted > 
 pers with every fpecies of opprobri- and a lawlefs army let loofe upon 
 urn, fallhood, and abufe. There are them. They have been tried, con- 
 two things which deferve the moil demned and puniihed, unheard and 
 particular attention : ift, That when- unapprized of the whole proceeding, 
 ever affidavits were taken on the part They are left to weep over their ap- 
 of the people, they were taken in prehenfions, realized in the utter fub- 
 public, with fummonfes to all perfons verfion of their liberties. This ac- 
 concerned to attend, and crofs ex- cumulation of calamities is heaped 
 amine the witnelTes : on the contrary, upon them, becaufe high and ftrong 
 thofe which were obtained by the go- refentments, as they naturally muft, 
 vernor and commifiioners, accufmg have followed fevere and reiterated 
 the people, were made in fecret, the injuries : becaufe difcontent has arifen 
 perfons accufed unapprized and to- from difappointed and defpifed corn- 
 tally ignorant of the proceeding, they plaints; and violence from infulted 
 were tranfmitted in fecret, and the 
 injured perfons by mere accidents, 
 
 and after they had operated to their 
 
 difcontent. 
 
 Whoever will take the trouble of 
 reading, in the hiflory of this moil 
 
 hurt, had an opportunity of feeing meritorious and unhappy people, the 
 
 and refuting them. The inilances 
 on both fides will be found in te 
 affidavits taken on the feizure of the 
 floop Liberty, and the riot, and in 
 Mr. Oliver's affidavit, and the nar 
 rative of the town, refpeding the 
 maffacre on the 5th of March. 2<i. 
 That the chief and almoil only con- 
 
 tinual witneffes againil the people, given 
 
 unparalelled hardmips with which 
 they purchafed thofe liberties we have 
 now torn from them ; and view the de- 
 plorable, the defperate fituaticn, to 
 which they are now reduced how- 
 ever obdurate, however prejudiced he 
 may be, he muft think, at leaft, 
 one human tear way drop, and be for- 
 
 INDEX. 
 
i - N 
 
 D 
 
 E 
 
 T O T H E 
 
 PRIOR DOCUMENTS, 
 
 A CT pafied in Ncw-Jerfey, for properly 
 
 forking the Barra- ks ior the Uie of the 
 
 King's troops - - I^r 
 
 another to the fame Purpofe 125 
 
 of Indemnity at Eolton 134 
 
 various Proceedings thereon I34> &c. 
 
 Addrefs of the Borough of Wilmington to 
 
 Gov. Try on - m 
 
 the Anfwer thereto - ibid. 
 
 * of the Mayor and Gentlemen of Wil- 
 mington to the fame, with his Anfwer nz 
 -. of the Aflembly of New- York to 
 
 Gov. Moore - 120 
 
 - of the Upper Hoafe of Aflembly to 
 Gov. Wright 130 
 
 to the King, from the Council and 
 
 Houfe of Burgefles of the Province of Vir- 
 ginia - - 156 
 
 America, the whole Continent of, in a Houfe 
 on the palling of the Stamp Adt 6 
 
 Aflembly of New-York fufpencled iC^T 
 
 . Gov. Pownall's Speech againft it ib. 
 
 Bernard, Sir Francis, his Speech to the New- 
 England Aflembly - 8 
 
 ... Difputes between him and the Houfe 
 
 of Reprcfcntativcs - 19 
 
 ivis Letter to Mr. Secretary Conway 
 
 100 
 Tends another Letter to the fame 103 
 
 his Observations on the Proceedings 
 for the Indemnification of the Sufferers in 
 the Riots at Bolt on - 106 
 
 - his Letter to the Earl of Shelburne 
 
 I J 3 
 " another Letter to the fame 723 
 
 another to the fame - 126 
 
 his Meflage to the Houfe of Rcpre- 
 
 fentatives - 1 2.7 
 
 - receives a Meflage in Anfwer thereto 
 
 ibid. 
 
 - fends another Meflage to the fame 128 
 his Letter to the Earl of Shelburne 133 
 his Meflage rctpecling a Libel 199 
 
 on Lord Hilllborough's Letter 204 
 
 Bill for ;. ranting Compenfation to the Suffer- 
 ers at Bofton - 117 
 
 Bollon, Stamp Paper arrives there 14 
 
 *" ^ - the General Aflembly of, decline the 
 
 Dire&ion of the Stamp Paper 15 
 
 Bofton, Memorial from 222 
 
 Bull, Lient. Gov. of his Letter to Mr. Secre- 
 tary Corny ay - 93" 
 
 Chatham, Earl, cerrfures Admin iftration in 
 the Management of American Affairs 57 
 
 aflerts, that the Dil'iincVion between 
 
 Legiflstion and Taxation is effentially ne- 
 ceffary to Liberty - 59 
 
 *-' replies to Mr. Conway 60 
 
 proceeds in his Speech 6 1 
 
 Colden, Gov. his Letter to Mr. Secretary 
 Conway - 99 
 
 his Letter to the Earl of Shelburne 124 
 
 Colonifts begin feriouily to think ot their Situ- 
 ation, and what tfeps to take - 9 
 
 Congrefs, when, where, and for what Purpofe 
 firfthcld - 26 
 
 difperfe circular Letters ibid. 
 
 agree to fevbra.) Declarations of rhe 
 
 Rights and Grievanccs^of the Colonifts in 
 America - - 27 
 
 appoint a Committee to prepare a 
 
 Petition to the Houle of Commons in Eng- 
 land - 28 
 
 T prepare a. Petition k> be prefented 
 
 tohisMajefty 29 
 
 prepare a Memorial to be prefente<3 
 
 to the Houfe of Lords 30 
 
 alfo another Petition to the Houfe 
 
 of Commons 32 
 
 take into Confederation in what 
 
 Manner their feveral Petitions fhould be 
 preferred 34 
 
 " order Copies of their Proceedings to 
 
 be difperfed - 35 
 
 Commons, Houfe of, agree to feveral Relo- 
 lutions refpefting the American trade 4 
 
 Connecticut, a Stamp Oificer'b Addrefs to the 
 good People of i ^ 
 
 Conway, Mr. Secretary, his Letter to Lieut. 
 Gov. Fouquier, laid before both Houfes 38 
 
 . his Letter to Major Gen. Gage alfo 
 
 laid before both Houfes - - 39 
 
 as alfo his Letter to Gov. Bernard 
 
 40 
 
 . his circular Letters to the Governors 
 
 in North America 41 
 
 alfo his Letter to Major Gen. Gage 
 
 4* 
 
 Conway, and other/ to Lieut. Gov. Golden, 
 (all laid before both Houfes) 43 
 
 his circular Leiter to his Majefly's 
 Governor in America 89 
 O o Debate* 
 
N 
 
 Debates in the Houie of Commons on the 
 American Stamp Act 5 
 
 De Berdr, Dennis, Efq. receives a Letter from 
 the Affemby of Maffachufetts Bay 1 67 
 
 Dickenfon, Mr. J. his Letter 223 
 F 
 
 Fauquier, Lieut. Gov. his Letter to Mr. 
 Secretary Conway 101 
 
 Franklin, Dr. examined at the Bar of the 
 Houliof Commons on American Affairs 64 
 
 his Letter 226 
 
 - his true State 5,5 
 
 Governor his Letter to Mr. Secre- 
 tary Conway IOO 
 
 Gov. his Letter to the Earl of 
 
 Shelburne iz i 
 
 G 
 
 Gage, Major Gen. his Letter to Mr. Secretary 
 Conway 101 
 
 his Letter to the Duke of Richmond 
 
 . . .. another to the Earl of Shelburne 
 
 124, -130 
 
 - his Letter to the Secretary at War 142 
 
 his Letter to Lord Barrington 143, 144 
 
 Galloway, Joleph, Elq. his Letter to Benjamin 
 
 Franklin, Efq. laid before Parliament 56 
 Georgia, an Addrefr of the L T pper Houfe of 
 
 Affembly of, to Gov. Wright 130 
 
 Grant, Governor, his Letter to Mr. Secretary 
 
 Conway no 
 
 Grenville, Mr. attacks Administration in 
 
 their Backwardnefs to give Information 60 
 
 H 
 Hilllborough, Lord, his Leiter 203 
 
 Anfwer to 206 
 
 . his Letter to the Governor of 
 
 Rhode ftland , 1*26 
 
 Letters to the Reprefentatives of Maffachufetts 
 
 from the other Colonies 213 
 
 Hughes, Mr. a Defence of his Conduel, as 
 
 Distributer of the Stamps at Philadelphia 
 
 45 
 
 recommended to that Office by Dr. 
 
 Franklin ibid. 
 
 produces feveral Papers 49 
 
 his Letterto Benjamin Franklin, Elq. 
 
 laid before Parliament 55 
 
 Jack Boot, a, and the Effigy of a Stamp 
 
 Officer, hung up at Boflon io 
 
 Jamaica in a deplorable State 1 * ' - 4 
 
 -Journal of the Proceedings in the Afftmb! 
 
 of New York 
 
 K 
 
 King, the, recorrimends in his Speech to 
 Parliament the Confideration of American 
 
 Affairs 57 
 
 petitioned by the Houfe of Reprefenta- 
 
 tivcs of Maffachufetts Bay 1-5 
 
 Kingston, in Jamaica, intlead of Trade and 
 
 Hurry, as flill as a Defart 4 
 
 L 
 
 Lords Proteft againft repealing the American 
 Stamp A& *- 8 1 
 
 D E 
 
 Lords Report 
 
 X. 
 
 M 
 
 Maryland, the Houfe of Delegates addrefs 
 Gov. Sharpe - 21 
 
 - come to feveral Rcfolutions, and 
 order them to be printed 22. 
 
 Martyn, M. R. his Letter 120 
 
 MafTachufetts Bay, Proceedings of the Coun- 
 
 cil, &c. of, on the Indemnification of the 
 
 Sufferers by the Rioters in Bofton 103 
 
 - Speech of the Governor of, at the 
 Opening of the Sefiions of both Houfes of 
 Affcmbly 116 
 
 - their Anfwer thereto ibid. 
 
 - Speech of the Governor at the 
 Adjournment of the Court \ 117 
 
 - Meffagc from the Houfc of Repre- 
 fentaiives to Gov. Bernard 126 
 
 - - - pals an Acl: of Indemnity 134 
 
 - -- - Extract of the Minute^ of the 
 
 Proceedings in palling the above Biil 135 
 
 - - Petition of the Council arid Houie 
 
 of Representative* m the Province of, to 
 the Britilh Parliament 16* 
 
 - their Letter to Mr. De Bcrdt 167 
 -- * petition the King 175 
 
 - - ; - fend a Letter to the Earl o 
 
 Shelburne 171 
 
 - - - lend a Letter to Mr. Secretary- 
 
 Con way - - 181 
 
 - alfo fend a Letter to the Marquis 
 ofRockingham - 183 
 
 - their Letter to Lord Camden 185 
 
 - fend a Letterto the Earl of Chatham. 
 
 187 
 
 -- their Letterto the Lords Commif- 
 iioners of the Treafury 188 
 
 - . Copy of the circulatory Letter to 
 the Speakers of the rcfpe&ive Aflernblies in 
 America - 191 
 
 - -- Meifages between the Governor and 
 
 the AfTembly 199 
 
 Memorial of the Council and Burgefles of 
 
 Virginia to the Houfe of Lords 157 
 
 Merchants of New York petition the Houfe 
 ,-ofCommons 163 
 
 /Moore, Governor, his Letters to Mr. Secretary 
 
 Conway 94 
 
 : his Speech to the Council and General 
 A h*e m blyofNewYork 95 
 
 receives AddreiFes, and gives Anfwers 
 thereto 97 
 
 Letters and Anfwers between him and 
 the Houfe of Affembly of New York ibid. 
 
 his Letter to the Earl of Shelburne lit) 
 
 his Meflage to the General Affembly of 
 New York iiiid. 
 
 is addreffed by the General Affembly of 
 York .120, 240 
 
 N 
 
 New Jerfey, the Lawyers there refolve to lofe 
 all their Bufinefs, rather than ufe Stamp 
 Paper 25 
 
 New ferfey, A&.paiTed there for the better 
 Provifion of Barracks for the Accommo- 
 dation ef the King's Troops T 2 r 
 
 New 
 
I N D 
 
 York, the humble Addrefs of theCoim- " 
 cil of, the Province of, to Governor Moore 
 
 96 
 
 . Addrefs of the Houfe cf AlTembly 
 
 ' of, to the fame 
 
 _ Gov, Moore's Letter to the Grand 
 
 Aflemblyof IJ 9 
 
 . return of his Majefty's Troops quar- 
 tered in the Provincial Barracks there 124 
 
 . Extrafts from the Manufcript Jour- 
 nal of their General Affembly laid before 
 Parliament *44 
 
 _ Journal of the Proceedings in their 
 
 Alfembly H 
 
 , their Aflembly fufpended 162 
 
 prefent a Petition to the Bntilh 
 
 Houfe of Commons 163 
 
 Nugent, Earl, urges the Neceffity of forcuTff 
 American Obedience to the Stamp Act 5 7 
 O 
 
 Oliver, Mr. Governor of Boflon, his Speech 
 to the General Alfembly on the Arrival of 
 Stamp Paper 14 
 
 Oppofition to the Stamp Aft become almoft 
 univerfal in the Colonies 12 
 
 P 
 
 Papers relating to a fuppofed Libel on the Go- 
 vernment of the Province of MafTachufctts 
 Bay 199 
 
 Penfacola, Things in a dull State there 4 
 Perth Amboy, all the Lawyers of the Supreme 
 Court meet there 24 
 
 Philadelphia, heavy Complaints there againii 
 the Stamp Aft n 
 
 _ pale feveral Refolutions in their 
 
 AlVembly on that Grievance 20 
 
 , Stamp Paper arrives there 23 
 
 - . Mr. Hughes's Defence,* as Diftri- 
 
 butor of the Stamps there , 45 
 
 Pitkin, Gov. hi& Letter to Mr. Secretary Con- 
 
 way i^>9 
 
 . his Letter to Gen. Gage 131 
 
 . receives a Letter from Gen. Gage 132 
 
 Pownall, John, Efq. his Letter to his Ma- 
 jeliy's Attorney and Solicitor General 136 
 
 . Report of the latter thereon ibid. 
 
 _ his Speech againit fufpending the 
 
 Government of New York . 162 
 
 R 
 
 Remonftrance of the Council ar.d Burgeffes 
 of Virginia to the Britilh Houfc of Com- 
 mons 158 
 Report of Lords 232 
 
 . Anfwer to 255 
 
 Reprefentation of the Commifiioners for Trade 
 and Plantation, touching the Proceedings 
 in MalTachufetts Bay 44 
 
 t from the fame Board, on the riotous 
 
 Behaviour of the People of Boilon 45 
 
 E X. 
 
 ; fiT.xn the fame Board, on an Aft 
 
 pallet! on Mailachufetts Bay 137 
 
 Richmond, Duke of, his circular Letter to 
 his Majelly's Governors in America 91 
 
 Sharpe, Mr. Governor of Maryland, his An- 
 fwer to the Houfe of Delegates there 22. 
 
 his Letter to Mr. Secretary Conway 
 
 1 his Letter to the Earl of Shelburne 
 
 125 
 
 j his Meflage 2 Z g 
 
 Shelburne, Earl, his Letter to Sir Henry 
 Moore, Governor of New York 94 
 
 i his Letter to Gov. Bernard ibid. 
 
 a Letter to, occafioned by his 
 
 Lordlhip's Letter to Gov. Bernard 197 
 
 Smuggling, an Attempt to fupprefs it in Ame- 
 rica, the firltCaufe of the prefent Troubles 5 
 
 Stamp Duties relblved on by the Houfc of 
 Commons ^ 
 
 * the Sum expefted to be raifed 
 
 thereby jg 
 
 Aft repealed 64 
 
 Story, Mr. Deputy Regifter of the Vice- 
 Admiralty at Boilon, his Houfe broke 
 
 open, &c ij 
 
 T 
 
 Tryon, Gov. his Letter to Mr. Secretary 
 Conway , uo 
 
 receives an Addrefs ftom the Borough; 
 
 of Wilmington u 
 
 his Anfwer thereto ibid. 
 
 receives another Addrefs from the 
 
 Mayor and Gentlemen of Wilmington, 
 with his Anfwer m 
 
 V 
 
 Virginia, the Inhabitants of, firft oppofe the 
 American Stamp Aft g 
 
 their Rdolutior.s 7 
 
 Addrefs from the Council and Houfe 
 
 of Burseflfes of the Province of, to the King 
 
 156 
 
 Memorial of th.- Council and Bur- 
 
 geilcs of, to the Houfe of L >rds 157 
 
 their Rrmonftrance to the Houfe of 
 
 Coofmons in England i-g 
 
 their Letter to the Reprefentatives 
 
 of Maflachufctts 21? 
 
 W 
 
 Ward, Gor. his 
 Conway 
 
 his Letter to the Ea;l of Shelburne nS 
 
 Wilmington, the Borough of, addrefs Gov. 
 
 Tryon Iir 
 
 receive an Anfwer thereto ibid. 
 
 the Mayor and Gentlemen of, to 
 
 the fame, with his Anfwer 112. 
 
 Wright, James, Efq. Governor of Georgia, 
 his Letter to the Earl of Shelburne 13* 
 
 Letter to Mr. Secretary 
 
 N 
 
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