TOLITICAL WRITINGS o F JOHN DICKINSON, ESQUIRE, LATE PRESIDENT OF THE STATE OF DELAWARE, AND OF THE COMMONWEALTH OF PENNSYLVANIA. 72V TWO VOLUMES. V O L. L W I L M I N G TON: PRINTED AND SOLD BV BONSAL AND NfLES. ALSO, SOLD AT THEIR BOOK-STORE, NO. 173, MARKET-STREET, BALTIMORE. (Entered according to Act of Congress.) PREFACE, J[ HE present age has been witness to as great political phenomena, as have appeared in the history of the world . AMONG other events, we have seen America, in a dignified progression, from resentment of injuries to remonstrances, frtfm remonstrances to arms, and from arms to liberty after a vicissitude of fortunes delivered from despot- ism, and establishing her freedom in a repub- lican form of government, on the pure and just principles of popular representation and federal union) delineated in these writings. THROUGHOUT the course of these contests, the friends of liberty in Great-Britain) many of them peers or members of the house of com- mons, of the highest characters, were warm ad- vocates for THE JUSTICE OF OUR CAUSE. IN the year 1774, the earl of Chatham, in a speech worthy of his distinguished talents and illustrious reputation, said " If we take a transient view of those motives, which induced the ancestors of our fellow subjects in America, to leave their native country, to encounter the innumerable difficulties of the unexplored regi- ons of the Western world, our astonishment at the present conduct of their descendents will naturally subside. There was no corner of the globe to which they would not have fled, ra- ther than submit to the slavish and tyrannical spirit, which prevailed at that period in their native country ; and viewing them in their ori- ginal, forlorn, and now flourishing state, they may be cited as illustrious instances to instruct the world what great exertions mankind will make, when left to the free exercise of their own powers. " IT has always been my fixed and unalterable opinion, and I will carry it with me to the grave, that this country had no right whatever to tax America. It is contrary to all the princi- ples of justice and civil policy : it is contrary to that essential, unalterable right in nature, ingrafted into the British constitution as a fun- damental law, that what a man has honestly ac- quired is absolutely his own, which he may freely give, but which cannot be taken from him with- out his own consent. " PASS then, my lords, instead of these harsh and severe edicts, an amnesty over their errors ; by measures of lenity and affection, allure them to their duty ; act the part of a generous and forgiving parent. A period may arrive, when this parent may stand in need of every assist- ance, she can receive from a grateful and affec- tionate offspring/' SOON afterwards, in a confidential letter to a friend, he writes " Every step on the side of government in America, seems calculated to drive the Americans into open resistance, vainly hoping to crush the spirit of liberty in that vast continent, at one successful blow ; but millions must perish there, before the seeds of freedom will cease to grow and spread, in so favourable a soil ; and in the mean time, devoted England must sink herself, under the ruins of her own foolish and inhuman system of destruction. It is plain, that America cannot bear chains. Would to heaven it were equally plain, that the oppressor, England, is not doomed one day to bind them round her own hands, and wear them patiently. " Luxuria inciibuit, victiimque ulciscitur orbem savior armis. " HAPPILY, beyond the Atlantic, this poison has not reached the heart. When then will infatuated administration begin to fear that freedom they cannot destroy, and which they do not know how to love ?" IN another letter, he says " I have not words to express my satisfaction, that the con- gress has conducted this most arduous and deli- cate business with such manly wisdom and calm resolution, as does the highest honour to their deliberations. Very few things are con- tained in their resolves, that I could wish had been otherwise. Upon the whole, I think it must be evident to every unprejudiced man in England* who feels for the rights of mankind, that America, under all her oppressions and pro- vocations, holds forth to us the most fair and just opening, for restoring harmony and affec- tionate intercourse, as heretofore. I trust, that the minds of men are more than beginning to change on this great subject ; and that it will be found impossible for freemen in England, to [ vii ] wish to see three millions of Englishmen, slaves in America." IN the beginning of the year 1775, soon af- ter the American papers had been laid before the peers, he made another speech becoming his splendid fame. These were some of his expressions. " This universal opposition to your arbitrary system of taxation, might have been foreseen ; it was obvious from the nature of things, and from .the nature of man, and above all, from the confirmed habits of think- ing, from the spirit of WHIGGISM flourishing in America. The spirit which now pervades Amer- ica, is the same which formerly opposed loans, benevolences, and ship-money in this country ; is the same spirit which roused all England to action at the revolution, and which established at a remote sera, your liberties, on the basis of that grand fundamental maxim of the constitu- tion, that no subject of England shall be taxed, but by his own consent. " To maintain this principle, is the common cause of the WHIGS, on the other side of the At- lantic, and on this. It is liberty to liberty engag- ed. In this great cause they are immoveably allied. It is the alliance of God and nature, im- C viii ] mutable, eternal, fixed as the firmament of hea- ven.* " As an Englishman, I recognize to the Ameri- cans, their supreme unalterable right of proper- ty. As an American, I would equally recognize to England, her supreme right of regulating commerce and navigation. This distinction is * " Arbitrary taxation is plunder authorized by law ; it is the support and the essence of tyranny ; and has done more mischief to mankind, than those other three scourges from heaven, famine, pestilence, and the sword. " I need not carry your lordships out of your own knowledge, or out of your own dominions, to make you conceive what misery this right of taxation is capable of producing in a provincial government. " We need only recollect, that our countrymen in India have, in the space of five or six years, in virtue of this right, destroyed, starved, and driven away more inhabitants from Bengal, than are to be found at present in all our Amer- ican colonies. This is no exaggeration, my lords, but plain matter of fact." SHIPLEY, bishop of St. Asapb, against the bill for altering the charter of Massachusetts, &c. " WE seem not to be sensible of the high and important trust, which Pro- vidence has committed to our charge. The most precious remains of civil liberty, that the world can now boast of, are now lodged in our hands ; and GOD forbid, that we should violate so sacred a deposite. " By enslaving your colonies, you not only ruin the peace, the commerce, and the fortunes of both countries ; but you extinguish the fairest hopes, shut up the last asylum, of mankind. " I think, my lords, without being weakly superstitious, that a good man may hope, that heaven will take part against the execution of a plan, which seems big not only with mischief, but impiety" Idem. involved in the abstract nature of things : pro- perty is private, individual, absolute : the touch of another annihilates it. Trade is an extend- ed and complicated consideration ; it reaches as far as ships can sail, or winds can blow ; it is a vast and various machine. To regulate the numberless movements of its several parts, and combine them into one harmonious effect, for the good of the whole, requires the superintend- ing wisdom and energy of the supreme power of the empire. " ON this grand practical distinction, then let us rest : taxation is theirs, commercial regu<- lation is ours. As to the metaphysical refine- ments, attempting to shew, that the Americans are equally free from legislative controul, and commercial restraint, as from taxation, for the purpose of revenue, I pronounce them futile, frivolous, and groundless. " WHEN your lordships have perused the papers transmitted to us from America, when you consider the dignity, the firmness, and the [b] wisdom with which the Americans have acted, you cannot but respect their cause. " HISTORY, my lords, has been my favourite study, and in the celebrated writings of anti- quity, have I often admired the patriotism of Greece and Rome : but, my lords, I must declare and avow, that in the master states of the world, I know not the people or the senate, who, in such a complication of difficult cir- cumstances, can stand in preference to the de- legates of America, assembled in general con- gress at Philadelphia. I trust, it is obvious to your lordships, that all attempts to impose ser- vitude upon such men, to establish despotism over such a mighty continental nation, must be vain/' LORD Chatham was ably supported by his friend, the excellent lord Camden, who among other things said " when the famous Sel- den was asked, by what statute resistance to ty- ranny could be justified ?" his reply was " it is to be justified by the custom of England, which is part of the law of the land." [ xi ] " I WILL affirm, my lords, not only as a statesman, a politician, and a philosopher, but as a common lawyer, that you have no right to tax America. No man, agreeably to the prin- ciples of natural and civil liberty, can be di- vested of any part of his property, without his consent ; and whenever oppression begins, resist- ance becomes lawful and right.' 3 IN the year 1777, lord Chatham moved an amendment to a proposed address, recommend- ing measures of accommodation, and an imme- diate cessation of hostilities, as necessary for effectuating that purpose, which " he support, ed with all the energy and eloquence, which had formerly produced such mighty effects ; and which must now have roused the nation from its death-like torpor, had this been with- in the compass of human virtue or human abi- lity." AFTER some weighty observations respect- ing the conduct of ministers, he proceeded thus " you may swell every expence, and strain every effort, accumulate every assistance, and extend your traffic to the shambles of every German despot, your attempts will be forever vain and impotent. But, my lords, where is the man, that in addition to the disgraces and mischiefs of the war, has dared to authorize and associate to our arms the tomahawk and scalping- knife of the savage? To call into civilized alli- ance, the wild and inhuman inhabitant of the woods ? To delegate to the merciless Indian, the defence of disputed rights, and to wage the horrors of his barbarous warfare against cur brethren ? These enormities cry aloud for re- dress and punishment.* 5--nv ii ... . . . * The American secretary, in a letter to general Garlton, dated Whitehall, March 26th, 1777, fays: " As this plan cannot be advantageously executed without the assistance of Canadians and Indians, his majesty strongly recommends it to your care, to furnish both expeditions with good and sufficient todies of these men .- and I am happy in knowing, that your influence among them is so great, that ther| can be no room to apprehend you will find it difficult to fulfil his majesty's intentions." In the " Thoughts for conducting the war from the side of Canada" by general Burgoyne, that general desired " a thousand or more savages." Colonel, Sutler was desired to distribute the king's bounty-money among such of the savages as would join the army ; and after the delivery of the pre- sents , he asks for - 4011, York currency, before he left Niagara. He adds, in a lettu^th**- was laid on the table, in the house of commons, " I flatter myself, tJ^T you will not think the expence, however high, to be useless, or given with too lavifli a hand. I waited seven days to deliver them the presents, and (JIVE THEM- THE HATCHET, WHICH THEY ACCEPTED, and PROMISED TO MAKE tfSE OF IT. This letter is dated Ontario^ July a8th, 1777. " IT is not, my lords, a wild and lawless ban- ditti whom we oppose : the resistance of Ameri- ca) is the struggle of free and virtuous patriots" IT is remarkable, that this great and good man, in the year 1775, not only lays \\iejustice of American claims, on the same eternal and im- mutable foundations contended for in the fol- lowing " Essay on the constitutional power of Great-Britain over the colonies in America" pub- lished at Philadelphia in the preceding year, 1774, but makes the same comparison that was made in that Essay, between the opposition of America to British measures, and the opposition of Britain, to the measures of the Stuarts, re- fpecting loans, benevolences, and ship-money ; and also makes the same distinction between taxation and regulation of commerce, tfiat is asserted in that Essay, and inforces that distinc- In another letter, colonel Butter says, " The Indians threw in a heavy fire on the rebels , and made a shocking slaughter with their sfears and hatchets. The success of this day, will plainly shew the utility of your excellency's constant support of my univearied endeavours to conciliate to bis majesty so serviceable a body of ALLIES." This letter is to sir Guy Carlton^ and dated, camp before Fort Starfwix, August I5th, I777 In another letter he says, " many of the pris AFTERWARDS KILLED." More on this subject may be seen in general Bitrgoyne's proclamation proceedings in par- liament, &c. tion by the same arguments which in the Essay are employed on that subject. He likewise in- sists, as is urged in that Essay, that the ad- mission of an authority to regulate commerce, does not imply the concession of an authority to le- gislate, for the purpose of taxation. He, also, called the public attention to the extraordinary case, which is stated in that Essay that a period may arrive, when the parent will stand in need of the assistance of her offspring. THUS has the justice of our cause been maintained by the best and wisest men in Bri- tain, not only by those before-mentioned, but by multitudes of others. OF what importance our successful opposi- tion has been, and is now thought on the other side of the Atlantic, we may judge from the following declaration of that honest, benevo- lent, and enlightened statesman Charles Fox, in the house of commons " THE RESIST- ANCE OF THE AMERICANS TO THE OPPRESSIONS OF THE MOTHER COUN- TRY, HAS UNDOUBTEDLY PRESERV- ED THE LIBERTIES OF MANKIND/' C *v ] WHAT political event, in the annals of the world, can be more worthy of being commend- ed to the attention of nations ! WE now behold the sun of liberty illumin- ing Europe ; and we have reason to believe, that its rays will reach to other quarters of the globe, beaming with a benign influence on the human race. WITH such knowlege of facts, and with such hopes of the future, every American who loves his country, must be pleased to trace our mo- mentous controversy with Greqt-Britain, from its commencement in her injustice, to its termi- nation in our independence ; and every friend to mankind must rejoice, in contemplating the actual and probable consequences of our revo- lution to other nations. IF this intelligence should be conveyed in narratives, written in coolness and leisure, after the agitation of events had subsided, no doubt it would be agreeable : but, this collection of- fers to our fellow-citizens, in a series from the beginning of the year 1764, writings composed and published in the midst of the arduous con- tention, while Britain with insulting pretensi- ons, and relentless cruelties, was practising every artifice, and straining every nerve, by statutes and by swords, to bend or break us into bondage : and the editors think it their right and duty, to insert some testimonies con- cerning several of these writings, to shew the sentiments that were entertained of them at the times when they were published, or soon af- ter. T H E SPEECH O F JOHN DICKINSON, ESQUIRE, One of the MEMBERS for the County of PlilaA-fybla, in the House of As of the Province of Pennsylvania, May 34th, 1764, ON OCCASION Of a PETITION, drawn up by Order, and then under Consideration, of the House ; praying the King for a Change of the Government of the Province. Published at the earnest request of a great number of very respectable citi- zens of PliladelpLiay as expressed in their address to him, dated the 6th of June, 1764. ~*#* On the 4th of March, 1764, George Grenvilk, then Minifter, and the Houfe of Commons on his Motion, began their hostile Operations againft the British Colonies on this Continent. This Speech was made in lefs than three months after, about a Year and a half before the meeting of tbefrst Con- grefs at New-York, on Account of the Stamp Aft y defcribes the Sentiments of Adminiflration concerning Colonial Go- vernment, takes Notice of the then meditated Innovations^ and was followed by a regular Courfe of fuch Meafures as were apprehended and alluded to* The Change attempted did not take place. THE \ SPEECH OF JOHN DICKINSON, Es S MR. SPEAKER,* WHEN honest men apprehend their coun- try to be injured, nothing is more natural than to resent and complain ; but when they enter, into consideration of the means for obtaining re- dress, the same virtue that gave the alarm, may sometimes, by causing too great a transport of zeal, defeat its own purpose ; it being expedient for those who deliberate of public affairs, that their minds should be free from all violent passions. These emotions blind the understanding : they weaken the judgment. It therefore frequently happens, that resolutions formed by men thus agitated, appear to them very wise, very just, and very salutary ; while others, not influenced by the same heats, condemn those determinations, as weak, unjust, and danger* * Isaac Norrh, Efquire. bus. Thus, Sir, in councils it will always be found useful, to guard against even the indignation, that arises from integrity. MORE particularly are we bound to observe the utmost caution in our conduct, as the experience of many years may convince us, that all our actions undergo the strictest scrutiny. Numerous are the instances, that might be mentioned, of rights vindicated and equitable demands made in this pro- vince, according to the opinions entertained here, that in Great-Britain, have been adjudged to be il- legal attempts, and pernicious pretensions. THESE adjudications are the acts of persons vest- ed with such dignity and power, as claim some de- ference from us ; and hence it becomes not unne- cessary to consider, in what light the (*) measures now proposed may appear to those, w r hose senti- ments from the constitution of our government it will always be prudent to regard, BUT on this important occasion, we ought not lo aim only at the approbation of men, whose authority * The controversy between the Province and the Proprietaries, was, Whether the estates of the Proprietaries should be taxed as the e.tates of other persons were. The Proprietaries claimed an exemption, and were supported in their claim by the British Ministers. The Assembly took this opportunity to attempt a change of the Government from proprietary to royal. ( 5 ) may censure and controul us. More affecting du- ties demand our attention. The honour and well- fare of Pennsylvania depending on our decisions, let us endeavour so to act, that we may enjoy our own approbation, in the cool and undisturbed hours of reflection ; that we may deserve the approbation of the impartial world ; and of posterity, who are so much interested in the present debate. No man, Sir, can be more clearly convinced than I am, of the inconveniencies arising from a strict ad- herence to proprietary instructions. We are pre- vented from demonstrating our loyalty to our excel- lent Sovereign, and our affection to our distrest fel- low subjects, unless we will indulge the Proprietors, with a distinct and partial mode of taxation, by which they will save perhaps four or five-hundred pounds a year, that ought to go in ease of our con- stituents. THIS is granted on all sides to be unequal ; and has therefore excited the resentment of this house. Let us resent- but let our resentment bear pro- portion to the provocation received ; and not pro- duce, or even expose us to the peril of producing, effects more fatal than the injury of which we com- plain. If the change of government now meditat- ed, can take place, with all our privileges preserved; let it instantly take place : but if they must be con- sumed in the blaze of royal authority, we shall pay too great a price for our approach to the throne ; too great a price for obtaining (if we should obtain) the addition of four or fiverhundred pounds to the proprietary tax ; or indeed for any emolument like- ly to follow from the change* I HOPE, I am not mistaken when I believe, that every member in this House feels the same rever- ence that I do, for these inestimable rights. When I consider the spirit of liberty that breathes in them, and the flourishing state to which this Province hath risen in a few years under them, I am extremely desirous, that they should be transmitted to future ages ; and I cannot Suppress my solicitude, while steps are taking, that tend to bring them all into danger. Being assured, that this House will aU ways think an attempt to change this government too hazardous, unless these privileges can be per- fectly secured, I shall beg leave to mention the reasons by which I have been convinced, that such an attempt ought not now to be made. IT seems to me, Sir, that a people who intend an innovation of their government, ought to choose the most proper time, and the most proper method for accomplishing their purposes ; and ought seriously to weigh all the probable and possible consequences of such a measure. ( 7 ) THERE are certain periods in public affairs, when designs may be executed much more easily and advantageously, than at any other. It hath been by a strict attention to every interesting circum- stance ; a careful cultivation of every fortunate oc- currence ; and patiently waiting till they have ri- pened into a favourable conjuncture, that so many great actions have been performed in the political world. IT was through a rash neglect of this prudence, and too much eagerness to gain his point, that the Duke of Monmoutb destroyed his own enterprize, and brought himself dishonourably to the block, tho' every thing then verged towards a revolution. The Prince of Orange with a wise delay pursued the same views, and gloriously mounted a throne. IT was through a like neglect of this prudence, that the commons of Denmark, smarting under the tyranny of their nobility, in a fit of revengeful fury, suddenly surrendered their liberties to their king ; and ever since with unavailing grief and useless execrations, have detested the mad moment, that slipt upon them the shackles of slavery, which no struggles can shake off. With more deliberation^ the Dutch erected a stadholdership, that hath been of signal service to their state. ( 8 ) THAT excellent historian and statesman Tacitus ^ whose political reflections are so justly and univer- sally admired, makes an observation in his third annal, that seems to confirm these remarks. Hav- ing mentioned a worthy man of great abilities, whose ambitious ardour hurried him into ruin, he uses these words, " quod multos etiam bonos pes- sum dedit, qui spretis qu whereby we can obtain silver and gold, which our own country does not afford., Hence it is evident, that if our taking off and paying for her manufactures, is bene- fi.cial to Great-Britain, the channels by which we acquire money for that purpose, ought to be in- dustriously kept open and uninterrupted.. OUR trade with Spain > Portugal and the foreign plantations in the litest -Indies have chiefly answered this end, though with much difficulty, the mother country having long since drawn the * commercial * As far as regulations are requisite to confine the commerce of the colo- nies to British subjects and to Britisb ships ; to give Great-Britain the prefer- ence in being supplied with naval stores, so essential to her strength at sea ; with commodities necessary for carrying on her woollen manufactures, or such articles as can bear, high duties upon them, and thereby make a considerable addition to the revenue ; or as. far as they are requisite to prevent the colonies from being supplied with any thing in the place of Britisb manufactures, they may be reasonable. These regulations, it is apprehended, establish the basis, of the Britisb power ; and form such a firm connection between the mother country and her colonies, as will produce all the advantages she ought to wish for, or that they can afford her. Any further attempt to shackle some of the colonies in favour of others, or to advance the revenue in America by restrain- ing her trade, is but regulating by a severe exercise cf power, what wants no ( 52 ) cords with which the colonies are bound, extremely tight upon them. Every thing produced here, that Great-Britain chooses to take to herself, must be carried to that kingdomf only every thing we choose to import from Europe, must be shipped in* Great-Britain -heavy duties have been laid on our importations from the foreign plantations. HOWEVER under all these restraints and some others that have been imposed on us, we have not till lately been unhappy. Our spirits were not de- regulation, and, losing by too much haste to gain. (See notes to page 62. ) Unnecessary and irritating restrictions, will at last cast contempt and hatred on those substantial ones, that length of time, and the natural reverence of colo- nies for their mother country, would have consecrated ; for discontented xriSds are not apt to distinguish. " Narrow-limited notions in trade and planting, are only advanced by, andean only be of use to particular persons, but are always injurious to the public interests, in preventing the full employ- ment of our own people, and giving our rivals and competitors in trade, the opportunity of employing greater numbers of theirs, producing greater quan- tities of merchandizes, and underselling us at foreign markets." PQSTLETHWAYT'S univ. diet, of trade and commerce. f Montesquieu, speaking of the contract made by Poland for selling all her corn to Dantzick ONLY ; and another of the like nature between some Indian princes and the Dutch for spices, says ; " these agreements are proper for a poor nation, whose inhabitants are satisfied to forego the hopes of enriching them- tslves, provided they can be secure of a certain subsistence ; or for nations, whose SLAVERY consists either in renouncing the use of those things ivhich nature has given them; or in being OBLIGED TO SUBMIT TO A DISADVANTAGEOUS COM- MERCE." * Except salt from any part of Europe for the fisheries of Newfoundland,. New-England, Neiv-York and Pennsylvania ; and a few things from Ireland. ( S3 ) pressed. We apprehended no design formed against our . liberty. We for a long time enjoyed peace, and were quite free from any heavy debt, either internal or external. We had a paper cur- rency which served as a medium of domestic com- merce, and permitted us to employ all the gold and silver we could acquire, in trade abroad. We had a multitude of markets for our provisions, lumber and iron. These allowed liberties, with some others we assumed, enabled us to collect considera- ble sums of money for the joint benefit of ourselves and our mother country. BUT the modern regulations are in every circum- stance afflicting. The remittances we have been able to make to Great-Britain., with all the license hitherto granted or taken, and all the money brought among us in the course of the late war, have not been sufficient to pay her what we owe ; but there still remains due, according to a late calculation made by the English merchants, the sum of four millions sterling. Besides this, we are and have been for many years heavily taxed, for the payment of the debts contracted by our efforts against the common enemy. These seem to be difficulties severe enough for young colonies to contend with. The last { sinks our paper currency very fast. $ While the quantity of paper currency is proportioned to the uses for it, : c must be beneficial ; and therefore to sink it below that quantity, must be The former sleeps off our silver and gold in a tor- rent to Great-Britain, and leaves us continually toiling to supply from a number of distant springs, the continually wasting stream. TITUS drained, we are prohibited by new and stricter restraints being laid on cur trade, from pro- curing these coins as we used to do : and from insti- tuting among ourselves bills cf credit in the place of such portions of them as are required in our in- ternal traffic ; and in this exhausted condition, our languishing country is to strive to take up and to totter under the additional burthen of the STAMP ACT. IN defence of the prohibition to institute bills of credit, it may be said, that some few colonies, by " injudicious emissions of paper currency, did *' great injury to individuals. '* It is true : but it is as true, that others J always supported the credit of their bills in such a manner, that their emissions were of vast benefit both to the provinces and to Great-Britain. The inconveniencies under which the colonies laboured before these emissions are well remembered, and were -produced by the f No attempt "was ever made in this province and some others, to pay ng* lisa debts any otherwise than according to the rate of exchange ; and no com- plaint was ever made of injustice from the depreciation cf the currency. ( 55 ) same cause that distresses us at this time ; that is, by Great Britain" 's taking off all our gold and silver. There was then so little money among several of them, that a stop was put in a manner to buying and selling, and even shop-keepers were obliged to barter their goods for food. The effect produced by these emissions was surprizing - trade revived ; and the remarkable and immediate * increase of our * Value of the exports from England 'to Pennsylvania at different periods. In 1723 they were ,15,991 *9 4 1/30 - - - 48,59* 7 5' 1737 - - - 56,690 6 7 - 75>19S S 4 In the year 1723 the first bills of credit were emitted in Pennsylvania, t* the value of 45000. In 1728, part of the first emission being then sunk, 30000 more were emitted. It appears from the account above, that in seven years from 1723 to 1730, the exports increased 32,599 8 I sterling. In I 738> great part of the preceding emissions being then sunk, there was an emission and re-emission amounting in the whole to 80000. In five years afterwards it appears by the account above, the exports increased near 20000 sterling. In later times when larger emissions have been made, the exports have pro- portionably increased. In 1755 55000 were emitted : and in 1756 30000. In 1757, the exports amounted to 268,426 6 6. Afterwards our emission* were still greater, and in one year of the war, the exports rose to more than 700,000 sterling. It is not pretended, that the increase of our importations is scldy owing to the emissions of paper money ; but it is thought to be a very great cause of that increase. It is undoubtedly owing in part to the increase of the people by propagation, and the influx of foreigners. But such great and sudden in- creases as have been mentioned in the short space of seven or five years, from to 1730, acd from 1737 to 1743, could not in any great degree proceed importations shewed how advantageous they were to Great-Britain. If any inconveriiencies were fear- ed from this kind of currency, means might have been found to prevent them, without utterly aboU ishing it : but now, the apprehension of mischiefs that might have been more easily obviated, has deprived us of real benefits. PERHAPS no mode could be devised more advan- tageous to the public, or to individuals, than our method of emitting bills in this province for our own use. They are lent out upon good security, chiefly real, at the interest of free per cent. The from the increase by propagation ; and at that time I thiuk foreigners did not flow in upon us in such numbers as they since have done. In the war large sums were brought among us for the maintenance of the fleets and armies, it is true : but that our currency was then of great utility is evident, because \vhen the greatest quantity of it was passing, bills of exchange were lower than they were for a long time before, or have been since. It may by objected, that the complaint of the scarcity of money in America y particularly in this province cannot be well founded, as we have lately had bach large emissions. 1 arn very sensible how liable persons are to errors in questions of this nature, and therefore I thiuk myself obliged to speak with diiEdeace on the subject. Perhaps the following observations may in some measure answer the objection. 1st. About one half of the emissions is sunk, sndly. A very great part of the bills now circulating, are passing in the neighbouring provinces, jdly. Our gold and silver are sent to Great-Britain^ so that but small quantities thereof are now current among us and therefore we must almost entirely rely on our paper for the medium of domestic com- merce. Lastly. It does not seem probable, that we should have heard such great complaints of the scarcity of money, if the extreme restrictions of our commerce, had act ?o generally prevented our usual methods of acquiring it. ( 57 ) borrowers are allowed a long term for payment, and the sums borrowed being divided into equal portions, they are obliged to pay one of these with the interest of the whole, every year during the term. This renders the payments very easy ; and as no person is permitted to borrow a large sum, a great number are accommodated. The conse- quences of such regulations are obvious* These bills represent money in the same manner that mo- ney represents other things* As long therefore as the quantity is proportioned to the uses, these emissions have the same effects, that the gradual introduction of additional sums of money would have. People of very small fortunes are enabled to purchase and cultivate land, W T hich is of so much consequence in settling new countries, or to carry on some business, that without such assistance they would be incapable of managing : for no private person, would lend money on such favourable terms * From the borrowers the currency passes into other hands, increases consumption, raises the prices of commodities, quickens circulation, and after communicating a vigour to all kinds of indus- try, returns in its course into the possession of the borrowers, to repay them for that labour which it may properly be said to have produced. They deliver it, according to the original contracts, into the treasury, where the interest raises a fund with- out the imposition of taxes, for the public use. VOL. i. H WHILE emissions are thus conducted with pru- dence, they may be compared to springs whose wa- ter an industrious and knowing farmer spreads in many meandering rivulets through his gardens and meadows, and after it has refreshed all the vege- table tribes it meets with, and has set them a grow- ing, leads it into a reservoir, where it answers some new purpose. IF it could be possible to establish a currency throughout the colonies, on some foundation of this kind, perhaps greater benefits might be derived from it, than would be generally believed without the trial. WITH respect to the restrictions laid on our trade to foreign plantations, it has been alledged, as a reason for them, that our islands ought to be en- " couraged." They ought to be: but should the interest of one colony be prefered to that of another? Should the welfare of millions be sacrificed to the magnificence of a few? If the exorbitant profits of one colony must arise from the depression of ano- ther, should not such injustice be redressed ? THERE is a vast difference to be made in calcu- lating the gains of any particular branch of busi- ness to the />", and to individuals. The ad- vantages to the last may be small, and yet great to ( 59 ) the first, or the reverse. The statutes made to restrain the trade of the continent in -[favour of the islands, seem to tend rather towards promoting f " The agents for New-York, in their contest with the sugar colonies, affirmed, That their winters heing severe, obliged them to take off more o the woollen manufactures of this kingdom (for which they remitted gold and stiver) than all the islands f Jamaica cxceptedj //// together ; and which 1 believe has remained un contradicted/' BEAWES'S Lex. mere, red, If one province THEN exceeded all cur West-Indies , except Jamaica, in this particular, what proportion would that single island bear NOW to all the rest of the continental colonies ? The following account of the exports from ENGLAND to the northern colonies, and to the West-India Islands^ will shew they were nearly equal some time ago ; that those to the northern colonies now vastly exceed, and arc prodigiously increasing, while those to the islands have continued nearly the same. From 1744 to 1748, inclusive. Northern Colonies. West-India Islands. 1744 -- 640,114 ia 4 .... 796,113 17 9 1745 - - 534,316 a 5 .... 503,669 19 9 1746- - 754,945 4 3 - - - - 47^,994 19 7 1747 - - 726,648 55 - - - - 856,463 18 6 1748- .- 830,443 16 9 .... 734,095 15 3 Total 3,486,368 I a Total 3,363,33? 10 ip. Difference 122,930 10 4 3,486,268 I 3, From 1754 to 1758, inclusive, Northtrn Colonies. West-India Islands. 1754 - 1,246,615 i ii - - 685,675 3 o 1755 - 1,177,848 6 10 - - 694,667 13 3 1756 - 1,428,720 18 10 - . 733,458 16 3 1757 - 1,727,924 a 10 - - 776,488 o 6 1758 - 1,832,948 13 10 - - 877,571 19 ii Total 7,414,057 43 - Total 3,767,841 ia II Difference 3,646,215 ii 4 7,414,057 4 3 ^.partial than general, interests ; and it appears to me no parodox to say, that the public would be as great a gainer, if estates there were so f moderate t that not a tenth part of the West- India gentlemen who now sit in the house of commons, could obtain that frequently expensive honour. IT is allowed by those well acquainted with the islands, that they cannot supply Great-Britain and Total for the northern colonies, in the first term - 3,486,268 I $ in the second term - - - 7,414,057 4 3 Increase, Total for the West-India islands, iw the first term - 3,363,337 10 iq Ditto, in the second term ... 3,767,841 12 II Increase, only 0,404,504 a j The difference between the employment afforded to the manufacturers of England^ by the northern colvnies and by the West-India islands, is still greater than it may appear to be from the first view of the preceding account : for a much greater quantity of East-India goods is exported to the last than to the first ; and the English manufactures consumed by them generally derive their value from the richness of the materials, many of which are brought from fo- reign countries, but those we consume, chiefly derive their value from the work bestowed upon them, (Vide note to pages 48, 49 and 50.) | Vide note to page 51. f " A great advantage which the French have over the English in their su- gar colonies, is their agrarian luiv, whereby monopolists are prevented from engrossing too much land ; so that the number of whites is greatly increased, the land improved, more commodities raised, the planters olligtdto a mere fru- gal "way of living, and all things rendered cheaper. By these means Martinlco can muster 16,000 fighting men ; but Jamaica, which is near three times as large, only 4000." TUCKER on trade. these colonies with sugar and other articles^ and that they can by no means consume the productions of these colonies ; yet in * favour to them, we are almost entirely prevented from sending these pro- ductions to any other markets. Hence it follows, that we are frequently obliged to sell our commo- dities to them at so low a price, as not to pay the first cost and freight; while we, being in a manner prohibited from getting the West-India producti- ons, for which we have occasion, any where else but from them, must pay extravagantly for them* NOR is this management attended, as it is pre- sumed, with any benefit to the mother country, but with a disadvantage ; either where the production's * It is recited in the 6th of Geo. ad. ch. 13, now made perpetual, " that the sugar colonies could not carry on their trade ON AN EQUAL FOOTING with the foreign sugar colonies, without some advantage and relief given to them by Great-Britain." That advantage GIVEN by Great-Britain was to compel the continental colonies to take their productions at any price they please to ask In short, to grant them a MONOPOLY for sugars. This was takingyV-ow one in- deed to give to another ; but goes not to the rcet of the evil ; as the next pre- f eding note evidently shews. For if Great-Britain should sacrifice her own in- terests and those of her continental colonies still more, if it be possible, to the in- terest of these islanders, they never ivill " carry on their trade ON AN EQUAL FOOTING with the foreign sugar colonies," until there is the fume moderation in their estates, and the same frugality in their living. By a very singular disposition of affaire, the colonies of an absolute monarchy are settled on a republi- can principle ; while those ef a kingdom in many respects resembling a common- zuealib, arc cantoned out among a fciv lords vested with despotic power over myriads of vassals, and supported in the pomp of Bassas by tLrir slavery. of the foreign plantations are consumed among us, or re-exported to Europe, By the compulsion on us to take from our islands, the price of their pro- ductions is raised on the people of Great-Britain. The revenue would be increased by this restriction being taken off, as we should willingly pay a mo- derate duty upon importations from the French and Spaniards, without attempting to run them ; while a very considerable duty would be paid on the f sugars of our islands, which, instead of coming to us, would then go to GreatErltaln. Besides, what- ever extraordinary price we pay for the productions of our own islands, must lessen our demand for British manufactures ; since it is an (undeniable f The restriction on the trade of the colonies to foreign plantations for molas- ses, is particularly hurtful and impolitic, as the molasses brought from thence was distilled for the fsLcries, the Indian and other trades, the profit of which centered in Great- Britain. i This cannot he disputed by any one who is acquainted with America. The increase of a man's wealth there shews itself in a greater consumption of Bri- tish manufactures of all kinds This reasoning in favour of the continental colonies' trade with foreign plantations, is confirmed by what sir Josiah CbilJ. mentions of New-England He says, ?" England loses by the unlimited trade of this colony to other foreign plantations, but gains by her direct trade to old Envljnd, from whence she exports manufactures to ten times the value of her imports." (See the note to page 49. "> What vas it then that enabled Neiv- England to pay ten times the value of her imports to England^ut the fro/its of her trade to foreign plantations ? This appears to be a direct authority in support of the arguments hereafter used. Tt seems therefore that Great-Britain of late, through too great eagerness to gather golden fruits, has shaken the tree before they were full grown. With a little patience they would ripen, and then of themselves drop into her lap. truth, that what we should save in that way, would be chiefly spent in this. It may also justly be ad- ded, that our commerce with the foreign plantati- ons, carries to them very considerable quantities of British manufactures, for their consumption.** IF our importations from them should be re-ex- ported to Europe, the profits would center in Great- Britain, according to the usual course of our trade. The statute passed in the twenty-fifth year of rt The inhabitants of our colonies, by carrying on a trade with their foreign neighbour*) do not only occasion a greater quantity of the good* and merchandizes cf Europe iting sent from Icnce to them, and a greater quantity of the product of America to be sent from them hither, which would otherwise be carried from, and brought to Europe by foreigners, but an increase of the seamen and navigation in those parts, which is of great strength and security, as well as of great advant- age to our plantations in general. And though some of our colonies are not only for preventing the importations of all goods of the same species they produce, but suffer particular planters to keep great runs of land in their possession tmculii- vattd, with design to prevent new settlements, whereby they imagine the prices of their commodities may be affected ; yet if it be considered, that the markets of Great-Britain depend on the markets of ALL Europe in general, and that the European markets in general depend on the proportion between the annual consumption and the ivhoh quantity of each species annually produced by ALL nations ; it must follow, th^t whether we or foreigners are the producers, carri- ers, importers and exporters of American produce, yet their respective prices in each -colony fthe difference of freight, customs and importations considered) will always bear proportien to the general consumption of the whole quantity of each sort, produced in all colonies, and in all parts, allowing only for the usual con- tingencies that trade and commerce, agriculture and manufactures are liable to in all countries." POSTLETHWAYT'O Univ. Diet, of Trade and Commerce. * Sec the preceding notev Charles the second, indeed mentions this practice as injurious. It might be so, if regarded without its attendant circumstances ; but if they are taken into view, and it be considered, that if we do not carry these productions to Europe, foreigners will, no mischief seems likely to ensue from our becom- ing the carrier s.f THE restriction also with regard to our iron, is thought particularly severe. Whenever we can get a better price in Great Britain, than elsewhere, it is unnecessary ; whenever we can get a better price in other places, it is * prejudicial. Cargoes composed of this metal, provisions and lumber, have been found to answer very well at the Portn- \ See the preceding note. * If Great-Britain really takes off from Sweden iron to (he value of . 200,000, according to the calculation that has been made, yet fhe does not lose all that sura. Not to insist on the merely political advantage of having a commerce with that protestant kingdom, which hy being beneficial to her, may more firmly attach her to our interest, it may be observed, that the trade gf Great-Britain to Sweden^ it 13 for iron in the gross, "which is afterwards worked >ip, and large quantities of it re-exported ; so that money may thereby be brought into the kingdom, and a great number of hands is employed. There is a vast difference between this trade, and that to France, from whence the importations into Great-Britain are merely for consumption, without affording any employment to her people, or any profit by re-exportation. Besides, if the colonies can get more by carrying their iron to foreign ports, than to Great- Britain, fa md if they cannot, there is no occasion of a law to compel them to carry ij to Great-Britain j they M, ill be more able to make larger demands for British manufactures ; so that Great-Britain will gain the profit* of our iron, to make up her loss by what she takes from 1 ic takes ir gucse and some other markets ; and as the last ar- ticles are frequently very low, and our foreign trade is reduced to so few commodities, the taking away any one of them must be hurtful to us. Indeed, to require us to send all our iron to Great-Britain, is, in the opinion of some of our most judicious mer- chants, to require an impossibility : for as this ar- ticle is so heavy, and such small Quantities can be sent in one vessel, they assert, that we cannot find freight directly home for one half of it. BESIDES the circumstances already mentioned to prove the injurious consequences of the late restrictions, there is another, which has great force in persuading me that our trade ought by all means to be more encouraged and extended at this time, than was formerly necessary. Our settlements then comprehended only ar narrow strip along the shore of the ocean ; they were less populous ; and their distanct from the sea ports being small, they were supplied with every thing they wanted from thene, without any length of inland carriage. But now we have penetrated boundless forests, have passed over immense mountains, and are daily pushing further and further into the wilderness, the inhabitants of these remote regions, mu^t of necessity hold very little intercourse with those which are near the sea, unless a very extensive VOL. i. I ( 66 ) commerce shall enable these to supply them with such quantities of * foreign commodities as they want, and at such prices as they can afford to pay. Every restriction on our trade, seems to be a re- striction on this intercourse, and must gradually cut off the connection of the interior parts with the maritime and the mother country. BUT it is unnecessary to endeavour to prove by reasoning on these things, that we shall suffer, for we already suffer. Trade is decaying; and all cre- dit is expiring. Money is become so extremely scarce, that reputable freeholders find it impossi- ble to pay debts which are trifling in comparison to their estates, If creditors sue, and take out exe- cutions, the lands and personal estate, as the sale must be for ready money, are sold for a small part of what they were worth when the debts were con- tracted. The debtors are ruined. The creditors get but part of their debts, and that ruins them. Thus the consumers break the shop-keepers ; they break the merchants; and the shock must be felt as far as London. Fortunate, indeed, is the man who * It Is apprehended, that if the greatest part of the commodities demanded by the back country should not be British but West-Indian, yet it must be be- neficial to Great-Britain to promote this trade by all means. For if the coun- try nearer the sea grows rich by supplying them with the productions of the West-Indies ) these will certainly consume greater quantities of British manu- factures. can get satisfaction in money for any part of his debt, in some counties; for in many instances, af- ter lands and goods have been repeatedly advertised in the public gazettes, and exposed to sale, not a buyer appears. BY these means multitudes are already ruined, and the estates of others are melting away in the same manner. It must strike any one with great surprize and concern, to hear of the number of debt- ors discharged every court by our insolvent act. Though our courts are held every quarter, yet at the last term for the county of Philadelphia alone, no less than thirty-five persons applied for the benefit of that act. If it be considered, that this law extends only to those who do not owe any sin- gle debt above .150, that many are daily released by the lenity of their creditors, and that many more remove, without their knowledge, it will not be difficult to form a judgment of the condition to which the people are reduced, IF these effects are produced already, what can AVC expect, when the same causes shall have ope- rated longer \ What can we expect, when the ex- hausted colonies shall feel the STAMP ACT drawing off, as it were, the last drops of their blood ? From whence is the silver to come with which the taxes imposed by this act, and the duties imposed by ( 68 ) other late acts, are to be paid ? Or how will our merchants and the lower ranks of people, on whom the force of these regulations will fall first, and with the greatest violence, bear this additional load ? THESE last are to be considered in a very differ- ent light from those of the same classes in Great- Britain. There the nature of their employments, and the plenty of money give them very little occa- sion to make contracts in writing ; but here they are continually making them, and are obliged to do so. The STAMP ACT, therefore, will be severely felt by these, in whose welfare the prosperity of a state is always so much interested ; and * transfers of property, that ought, in new countries particu- larly to be made as easy as possible, will be much discouraged. From the necessity they are under of making contracts to be executed afterwards, the lower ranks of people here are frequently engaged in law suits ; and as the law is already a very hea- vy tax on the subject in all parts of the British * In the present scarcity of money, the sellers of lands, &c. always insist on having part of the purchase-money in hand. The buyers, unless they hap- pen to be rich men, find it impossible to comply with this term, unless they borrow money, which cannot now be done- but in very small parcels from dif- ferent persons each of these must have a bond ; and each of those bonds must pay a stamp-duty of one shilling sterling, if the sum be above ten pounds and under twenty and if above twenty pounds and under forty, one shilling and six pend? sterling besides a heavy duty on the original contract. dominions, this act will render it destructive here ; for the necessities, the follies, and the passions of mankind, will not suffer them to cease from har- rassing one another in that way. NEITHER are the merchants here by any means able to bear taxes, as they do at home. A very great number of them there put such stocks into trade, as would be thought large fortunes among us ; and our merchants would think themselves very happy to leave oif business with such estates as the others begin with. I speak of the merchants in general ; for we have on the continent individuals who are rich, but their number is too inconsidera- ble to deserve any notice on this occasion. Besides, the interest of money being lower at home than it is here, those who trade on borrowed stocks, can do it to much greater advantage there than we can. Indeed, among us it is almost impossible to get money to trade upon at any rate. How unequal, under the present disadvantages, a merchant's com- merce will be to the payment of all the taxes impos- ed by the STAMP ACT on his policies, fees with clerks, charter parties, protests, his other notarial acts, his letters, and even his advertisements, expe- rience, I am afraid will unhappily prove. THUS, I apprehend, that this act will be ex- tremely heavy on those who are least able to bear ( 70 ) it ; and if our merchants and people of little sub- stance languish under it, all others must be affect- ed. Our mode of taxation, hath always been by making as exact an estimate as could be formed of each man's estate ; by which means, our taxes have been proportioned to the abilities of those who were to pay them. Few persons are employed in the collection of them ; their allowance is very moderate ; and therefore theexpence is small. No excessive penalties, no tribes of informers, no dreadful and detestable courts are necessary. This I imagine, is the mode of taxation, which in young colonies, will be found to be least oppressive and destructive, and certainly the most equal : but by the STAMP ACT, the J wealthy who have money to let out at interest, or to make purchases, and undoubtedly ought to pay the most towards the public charges, will escape these taxes, while the whole weight of them will fall on the necessitous and industrious, who most of all require relief and encouragement. BUT it may be said, " That the merchants will " not be affected by these taxes, because they will " raise the prices of their goods in proportion, and " that at length all taxes must arise from lands" \ If a rich man buys land, it is generally from the distressed, and therefore the seller's situation will oblige him to pay for the deed when the other insists on it ; and when a man borrows money, every body knows who pays for the bonds and mortgages. ( 7' ) THIS rule seems more applicable to very popu- lous and rich countries, where the manufacturers and landholders through necessity or the force of fashions, have pressing demands upon the mer- chants, than to such a country as this, where a great majority of the people live on their lands in a very plain way. For by practising a strict frugality and industry, we may render ourselves more independ- ent of the merchants, than the circumstances of more populous and wealthy states will permit the other classes of their people to be. The high pri- ces therefore which our merchants impose upon their goods, will discourage the sale of them, and consequently they must " be affected by the tax- " es," which oblige them to raise the prices in this manner. HOWEVER, granting that all taxes must arise from lands ; it follows, that where the profits of the lands are small, they can bear but small tax- es. The more labour is bestowed on them, the greater the profits will be, and the taxes may be. In old populous countries there is an opportunity of bestow ing this labour, and the manner of doing it is well understood. Thus in England, the pro- fits of land are so great, as to support a very large number of nobility and gentry in splendor, and to afford means of raising taxes to an amazing amount. Nor are the workers of the land unrewarded ; for ( 72 ) the farmers have such long leases, and other en- couragements, that they thrive and live comforta- bly, and many of them are very wealthy. How different is the case in America ? The inhabitants being scattered thin through the coun- try, and labourers being very scarce, they think themselves fortunate, if they can clear their land, fence it, and any how put their grain into the ground in season. Manuring or j- improving soils is not known, except in some small closes near cities ; but every one must be content with what his land will yield of itself. With this it must be considered, that at least four fifths of the people in America, live upon farms either of their own, or rented, and spend their small profits in maintaining their families ; and it frequently happens from the length and severity of our winters, that the whole produce of a man's farm is not sufficient to main- tain his family and stock. f * Further, it may be observed, that our lands are not sufficiently culti- vated, even where they are capable of great improvement. Hence large tracts serve only to maintain a small number of people. If we ask, why our lands (meaning in Scotland) are so ill cultivated, besides the OBVIOUS CAUSES arising from the POVERTY and UNSKILFULNESS of many of our farmers, the SHORTNESS OF THEIR LEASES, and other things which will occur upon the least reflection, it is not a little owing to a want of inclination for agriculture, &c," DISSERTATION on the number* of mankind. .( 73 ) WE are informed, that an opinion has been indus- triously propagated in Great-Britain, that the colo- nies are { wallowing in wealth and luxury, while she is labouring under an enormous load of debt. Never was there a greater mistake. This opinion has arisen from slight observations made in our cities during the late war, when large sums of money were spent here in support of fleets and armies. Our productions were then in great de mand, and trade flourished. Having a number of strangers among us, the people, naturally not unge- nerous or inhospitable, indulged themselves in many uncommon expences. But the cause of this gaiety has ceased, and all the effect remaining, is, \ " It is certain, that from the very time Sir Walter Raleigh, the fa- ther of our English colonies, and his associates, first projected these establish- ments, there have been persons who have found an interest, in misrepresenting, or lessening the value of them The attempts were called chimerical and dangerous. Afterwards many malignant suggestions were made about sacri- ficing so many Englishmen to the obstinate desire of settling colonies in coun- tries which then produced very little advantage. But as these difficulties were gradually surmounted, those complaints vanished. No sooner were these lamentations over, but others arose in their stead ; when it could be no long- er said, that the colonies were useless, it was alledged that they were not use- ful enough to their mother country ; that, while we were loaded with taxes, they were absolutely free ; that the planters lived like princes, while the inha- bitants of England laboured hard for a tolerable subsistence. This produced customs and impositions, which, if grievous to the plantations, must turn to our disadvantage, as well as theirs, and consequently become detrimental to both." POSTLETIIWAYT'S univ. diet, of trade and commerce. VOL. I. K ( 74 ) that we are to be treated as a rich people, when we are really poor. TuHy mentions a man who lost an honourable office, by the homely entertainment he gave the people of Rome, when he could have afforded a better ; but W T C have lost vastly more by the imprudent excess of kindness, with which we have treated the people of Great-Britain who have come among us, at an expence that did not suit our fortunes* To all the disadvantages that have been menti- oned, it must be added, that our markets are much more precarious than those at home. It is com- puted, that one half of the people there live in cities, and consequently there must be a perpetual domestic demand for the productions of the earth ; and foreign markets are not far distant for the over- plus. Here the quantity sold for consumption among us is small, and most of the foreign mar- kets are very remote. THESE reasons induce me to think, that the co- lonies, unless some fortunate events, not to be ex- pected, should happen, cannot bear the restricti- ons and taxations laid upon them by their mother country, without suffering very severely. What then can we do ? Which way shall we turn our- selves ? How may we mitigate the miseries of our country ? Great-Britain gives us an example to ( 7* ) guide us. She teaches us to make a distinction between her interests and our own. Teaches ! She requires commands insists upon it threatens compels and even distresses us into it. WE have our choice of these two things to, continue our present limited and disadvantageous commerce or to promote manufactures among ourselves, with a habit of ceconomy, and thereby remove the necessity we are now under of being supplied by Great-Britain.^ IT is not difficult to determine which of these things is most eligible. Could the last of them be only so far executed, as to bring our demand for British manufactures below the profits of our foreign trade, and the amount of our commodities immediately remitted home, these colonies might revive and flourish. States and families are enrich- ed by the same means ; that is, by being so indus- trious and frugal, as to spend less than what they raise can pay for^ WE have examples in this province, which if imitated by others, must unavoidably produce the most happy effects for us : I mean the examples of the industrious, frugal, honest Germans. Their lands are as well cultivated as tjiey can be in this new country, and they have the good sense to re- '( 76 ) quire very little provisions and clothes more than they can get from their own farms^ and make with their own hands. If we only consider for a mo- ment the consequences of such a conduct, should it be general, we must be convinced it must pro- duce commerce, since all superfluities would be exported ; and the owners having few demands in return, that commerce would of course produce wealth. f INDEED we shall be compelled, I apprehend, generally to imitate these examples. The late regulations, and our constant remittances to Great- Britain, have extremely lessened the quantity of money among us, and yet these remittances are not sufficient to pay for those things we require from home. Necessity will teach us two ways to relieve ourselves. The one, is, to keep the British manu- factures we purchase longer in use or w r ear than we have been accustomed to do. The other, is, to supply their place by manufactures of our own. I do not suppose our difficulties will immediately produce expert artists among us ; but as the inha- bitants here generally reside on their lands, and live in a plain rustic way, they will be able to sup- ply themselves with many articles. Some author, and I think Keyslcr, says, that in Switzerland eve- ry family has all the trades in it that are necessary for its use. Their work is not, it may be presumed, ( 77 ) at all in the taste of London or Paris, but it serves their purpose ; and their coarse clothes and simple furniture enable them to live in plenty, and to de- fend their liberty. Something of this kind will be, nay, already is, practised by us. It is surprising to see the linen and cloth that have been lately made among us. Many gentlemen in this city dress now in suits produced, manufactured, and made up in this province. The cloth is not equal in fineness to the best broad- cloth, but it is warm, strong, and not very homely ; and when the British workmen understand that they may meet with bet- ter encouragement here than they do at home, I believe in a few years we shall have very different kinds of cloth among us from these we now make. Instances are not wanting to justify the most san- guine expectations on this head. Spain used for- merly to be entirely supplied with cloths from Eng- land ; but in the reigns only of their two last kings, Philip the Vth, and Ferdinand the Vlth, their manufactures have been improved to such a degree, even by that proud and indolent people, that this commerce has entirely ceased in most parts of that kingdom. The same thing has happened in France, notwithstanding the destructive wars in which she has been continually involved. Switzerland some time ago spent large sums of money in foreign com- modities ; but now they make excellent cloths, and good silks, though the scheme at first laboured un- ( 78 ) cler very great difficulties. That country used also to be supplied by Savoy with wine ; but the duke laying a duty upon it, the Switzers remonstrated, but in vain. At last some of the principal men promoted the cultivation of vines, though their pre- decessors had never planted any. The result exceeded their hopes, f " The demand for the Savoyard wine daily decreased, and instead of the precarious advantage arising from this impolitic duty, the certain revenue was irretrievably lost, and the industrious subject deprived of the benefit of his labour," " BEFORE the settlement of these colonies," says Postletbwayt, " our manufactures were few, and those but indifferent. In those days we had not only our naval stores, but our ships from our neigh- bours. Germany furnished us with all things made of metal, even to nails. Wine, paper, linens, and a thousand other things, came from France. Por- tugal supplied us with sugar ; all the products of America were poured into us from Spain ; and the Venetians and Genoese retailed to us the commodi- ties of the East Indies, at their own price." THE astonishing alterations in all these particu- lars, are too well known to need enumeration. * Keytar. ( 79 ) THESE instances, and many others that might be mentioned, may convince us, that nothing is too difficult for men to effect, whose hearts are filled with a generous love of their country ; and they may convince the world of the dangers that attend provoking innovations in commerce. A branch of trade once lost, is lost forever. In short, so strong a spirit is raised in these colonies by late measures, and such successful efforts are already made among us, that it cannot be doubted, that before the end of this century, the modern regulations will teach America, that she has resources within herself, of which she never otherwise would have thought. Individuals, perhaps, may find their benefit in op- posing her use of these resources ; but I hope very, very few, will wish to receive benefits by such means. The man who would promote his own interests by injuring his country, is unworthy of the blessings of society. IT has hitherto been thought, by the people of Great-Britain, and I hope it will still be thought, that sufficient advantages are derived by her from the colonies, without laying taxes upon them. To re- present them as an " expensive appendage of the " British empire, that can no other way repay the " trouble and treasure they cost her," is certainly one of the greatest errors ; and to spend much time in refuting this notion, would be unnecessary. Every advantage accruing to the colonies by their connection with the mother country, is amply dearly paid for, by the benefits derived to her from them, and by the restrictions of their com- merce. These benefits have been allowed by the best writers to be immense, and J consist in the various employment and the support they afford her people. If the colonies enable her to pay taxes, is it not as useful to her, as if they paid them ? Or, indeed, may not the colonies with the strictest propriety be said to pay a great part of those taxes, when they consume the British manufactures load- ed with the advanced prices occasioned by such taxes ? Or, further, as the colonies arc compelled to take those manufactures thus * loaded, when they might furnish themselves so much cheaper from other countries, may not the ciffercnce between these prices be called an enofmous tax paid by them to Great-Britain ? May they not also be said to, pay an enormous tax to her, by being compelled to carry their most valuable productions to her alone, f Chiefly ; even the supplying her with naval stores, &c. being inconsider- able, when compared with the other advantages. * " If it be asked whether foreigners, for v/hat goods they take of us, do not pay on that consumption a great portion of our taxes ? It is admitted they do." POSTLETHWAT r's Great-Britain s true system. By the consumption of British manufactures in America, we pay a heavier tax to Grtat-Britjin, than if they were consumed at home. For in the brin^r- ( 81 ) and to receive what she pleases to give for them, when they might sell them at other markets to much greater advantage ? Lastly, may they not be said to pay a heavy tax to her, in being prohibit- ed from carrying on such manufactures as they could have employed themselves in with advan- tage, and thus being obliged to resort to her for those things with which they might supply them- selves ? If these things are true, and can they be denied ! may not the mother country more justly be called expensive to her colonies, than they can be called expensive to her ? WHAT would France give for such expensive dominions ? Would she refuse the empire of North- America, unless the inhabitants would sub- mit to any taxes she should please to impose? Or ing them here, a vast number of merchants, factors, brokers and seamen are employed, every one of which must have such a profit, as will enable him to support himself and his family, if he has any, in a country where every thing is dear by reason of the high taxes. So far was the parliament from thinking in the last war, that any further taxes should be laid on the colonies, so convinced indeed were they that we had exceeded our abilities in the supplies \ve gave to the crown, that several sums of money were granted to us as indemnifications for the too heavy expen- ces in which we had involved ourselves. The sums thus given, paid part of our debts, but we are still labouring un- der the remainder. VOL. I. L ( 82 ) would she not rather afford them her utmost pro- tection, if ever they should be wretched enough to require it, for one half of the emoluments Great- Britain receives from them ? In short, the amaz- ing increase of the wealth and strength of this kingdom, since the reign of queen Elizabeth, in whose time the colonies began to be settled, appears to be a sufficient proof of their importance : And therefore I think it may justly be said, that the foun- dations of the power and glory of Great-Britain are laid in America. WHEN the advantages derived by the mother country from her colonies are so J important and evident, it is amazing, that any persons should ven- ture to assert, " that she poured outlier wealth and " blood in the late war, only for their defence and " benefit ; and that she cannot be recompensed for " this expence and loss, but by taxing them." IF any man%ho does not choose to spend much time in considering this subject, would only read the speeches from the throne during that period, with the addresses in answer to them, he will soon be convinced for 'whose benefit Great-Britain thought she was exerting herself. For my part, I should not now be surprized, if those who main- J; Vide note* to pages 48 and 49. tain the above-mentioned assertions, should con- tend, that Great-Britain ought to tax Portugal. For was not that kingdom " defended by the troops " and treasure.of Great-Britain?" And how can she be " otherwise recompensed for this expence "-and loss ? If the protection of Portugal, though no taxes are received from thence, was beneficial to Great-Britain, infinitely more so was the pro- tection of the colonies. So far I must beg leave to dissent from these gentlemen, that if the colonies, by an increase of industry and frugality, should become able to bear this taxation, it will, in my apprehension, notwith- standing be injurious to Great-Britain. If the sum be trifling, it cannot be worth the discontent and unhappiness the taking it will produce among so many faithful subjects of his majesty. If it be considerable, it must also be hurtful in another respect. It must be granted, that it is not merely the bringing money into a nation that makes it weal- thy, but the bringing money into it by the general industry of its inhabitants. A country may perpetu- ally receive vast sums, and yet be perpetually poor. It must also be granted, that almost all the money acquired by the colonies in their other branches- of trade, is spent by them in Great-Britain, ( 84 ) and finds employment for her people. Whatever then, lessens the sum so spent, must lessen that employment. This I think will be one conse- quence of the STAMP ACT: for our demand will be as much less for British manufactures, as the amount of the sums raised by the taxes. So much the fewer British merchants, artists, seamen and ships will be employed by us, and so much the more distressed at first, and afterwards so much the more frugal, f ingenious, laborious and indepen- dent will the colonists become. IT is evident from the concurrent testimony of her own most noted authors on this subject, that Great-Britain is sure of having our money at * last ; and it appears no difficult matter to determine, whether it is better to take it in taxes or trade. Suppose the STAMP ACT, enforced by uncommon penalties and unheard of jurisdictions, should pick up every piece of gold and silver that shall wander into the plantations, what would Great-Britain gain by this measure ? Or rather what would she not lose, by attempting to advance her revenue by means so distressing to commerce ? f Great-Britain will not only lose in such case, the annual amount of the taxes, but the people of America establishing manufactures through dis- content, will in time entirely withdraw their intercourse with her. And therefore her loss of the whole American trade, may be justly attributed tq this inauspicious beginning. * See notes to pages 48 and 49. ( 85 ) BUT if the late restrictions shall not prove profita- ble^ perhaps they may by some be called prudent for another reason. We are informed that many persons at home affect to speak of the colonists, as of a people designing" and endeavouring to render themselves independent, and therefore it may be said to be proper as much as possible to DEPRESS them. This method for securing obedience, has been tried by many powerful nations, and seems to be the constant policy of commonwealths : but the attempt in almost every instance from Athens down to Genoa, has been unsuccessful. Many states and kingdoms have lost their dominions by severity and an unjust jealousy. I remember none that have been lost by kindness and a generous con- fidence. Evils are frequently precipitated, by im- prudent attempts to prevent them. In short, we never can be made an independent people, except it be by \ Great-Britain herself; and the only way I " If we are afraid that one day or other the colonies will revolt, and set up for themselves, as some seem to apprehend ; let us not drive them to a ne- cessity tofftl themselves independent of us; as they it//// do, the moment they perceive that they can be supplied with all things from iviMn themselves ', and do not need our assistance. If we would keep them still dependent upon their mo- ther country, and in some respects subservient to their views and welfare ; let us make it their INTEREST always to be so." TUCKER on trade. " Our colonies, while they have English blood in their veins, and have re- lations in England, and WHILE THEY CAN GET BY TRADING WITH us, the stranger and Create r they grow, the more this crcvjn and kingdom Vttyget by them ; ( 86 ) for her to do it, is to make us frugal, ingenious, f united and discontented. But if this event shall ever happen, which Provi- dence I hope will never permit, it must be when the present generation and the present set of senti- ments are extinct. Late measures have indeed excited an universal and unexampled grief and indignation throughout the colonies. What man who wishes the welfare of America, can view with- and nothing but such an arbitrary power as shall make them desperate can bring them to rebel." DAVENANT on the plantation trade. " The northern colonies are not upon the same footing as those of the south ; and having a worse soil to improve, they must find the recompence some other way, which only can be in property and dominion : upon which score, any innovations in the form of government there, should be cautiously examined, for fear of entering upon measures, by which the industry of the inhabitants be quite discouraged. 'Tis ALWAYS UNFORTUNATE fora people, either by CONSENT or upon COMPULSION, to depart from their PRIMITIVE INSTITUTIONS, and THOSE FUNDAMENTALS, by which they were FIRST UNITED TOGETHER." Idem. f The most effectual way of uniting the colonies, is to make it their com- mon interest to oppose the designs and attempts of Great-Britain, " All wise states will veil consider how to preserve the advantages arising from colonies, and avoid the evils. And I conceive that there can be but TWO ways in nature to hinder them from throwing off their dependence ; one, to keep it out of their foti-fr, and the other, out of their iv'ilL The Jirst must be by force ; and the latter, by using them tvcll, and keeping them employed in such productions, and making such manufactures, as will support themselves and families comfortably, and procttrt il-em ivi-alib toy^ and at least net prejudice their mother country. ( 87 ) out pity, without passion, her restricted and almost stagnated trade, with its numerous train of Devils taxes torn from her without her consent Her legislative assemblies, the principal pillars of her liberty, crushed into insignificance a formidable force established in the midst of peace, to bleed her into obedience the sacred right of trial by jury, violated by the erection of arbitrary and unconsti- Force can never be used effectually to answer the end, voi&ovt destroying the coknics tlemsefoes. Liberty and encouragement are necessary to carry people thither, and to keep them together when they are there ; and violence will hinder both. Any body of troops considerable enough to awe them, and keep them in subjection under the direction too of a needy governor, often sent thither to make his fortune, and at such a distance from any application for redress, will soon put an end to all planting, and leave the country to the soldiers alone, and if it did not, -would eat up all tie profit of the colony. For this reason, arbitrary countries have not been equally successful in planting colo- nies with free ones ; and what they have done in that kind, has either been by force at a vast expence, or by departing from the nature of their government^ andjfWft such privileges to planters as were denied to their other subjects. And I dare say, that a few prudent laws, and a little prudent conduct, would soon give us far the greatest share of the riches of all America t perhaps drive many of other nations out of it, or into our colonies for shelter. There are so many exigencies in all states, jo many foreign ivars, and dctxcstlc dis- turbances, that these colonies CAN NEVER WANT OPPORTUNITIES, if they watch for them, to do -what they shall find their interest to do ; and therefore we ought to take all the precautions in our power, that it shall never be their interest to act against that of their native country ; an evil which can no otherwise be avert- ed, than by keeeping them fully employed in such trades as ivill increase ihtir ivn y as well as our wealth ; for it is much to be feared, if we do not find em- ployment for them, they may find it for us. The interest of the mother coun- try, is always to keep them dependent, and so employed ; and it requires all her address to do it ; and it is certainly more easily and effectually done by gentle and insinsible methods, than by power alone." CATO'S letters. I 88 ) tutional jurisdiction and general poverty, discon- tent and despondence stretching themselves over his unoffending country ? THE reflections of the colonists on these melan- choly subjects, are not a little embittered by a firm persuasion, that they never would have been treated as they are, if Canada still continued in the hands of the French. Thus, their hearts glowing with every sentiment of duty and affection towards their mother country, and expecting, not unreasonably perhaps, some marks of tenderness in return, are pierced by a fatal discovery, that the vigorous assistance which they faithfully afforded her in ex- tending her dominions, has only proved the glori- ous but destructive cause of the calamities they now deplore and resent. YET still their resentment is but the resentment of dutiful children, who have received unmerited blows from a beloved parent. Their obedience to Great-Britain is secured by the best and strongest ties, those of affection ; which alone can, and I hope will form an everlasting union between her and her colonies. May no successes or suspicions ever tempt her to deviate from the natural gene- rosity of her spirit And may no dreadful revo- lution of sentiments ever teach them to fear her victories, or to repine at her glories. / am, &c. POSTSCRIPT. 1 HAVE omitted mentioning one thing that seems to be connected with the foregoing subject. WITH a vast expence of blood and wealth, we fought our way in the late war up to the doors of the Spanish treasuries, and by the possession of Florida, might obtain some recompence for that expence. Pensacola, and the other ports in that country, are convenient places, where the Spani* ards might meet us, and exchange their silver for the manufactures of Great* Britain, and the provi- sions of these colonies. By this means, a com- merce inconceivably beneficial to the British sub- jects, might be carried on. This commerce the Spaniards wish and have endeavoured to carry on. Many hundred thousand dollars have been brought by them to Pensacola to lay out there ; but the men of war on that station have compelled them to take back their cargoes, the receipt of which, it may from thence be presumed, would be destructive to the interest of Great-Britain. Thus we receive less advantage from Florida, now it belongs to us, than we did when it was possessed by our enemies ; for then by permission from the Spanish governors, VOL. i. M ( 90 ) to trade there, we derived considerable emolu- ments from our intercourse with them. UPON w r hat reasons this conduct is founded, is not easy to determine. Sure no one considers Florida in the same light with these colonies, and thinks that no vessels should be permitted to trade there, but British shipping. This would be to apply the acts of navigation to purposes directly opposite to the spirit of them. They were intend- ed to preserve an intercourse between the mother country and her colonies, and thus to cultivate a mutual affection > to promote the interests of both, by an exchange of their most valuable productions for her manufactures ; thereby to increase the ship- ping of both ; and thus render them, capable of affording aid to each other. Which of these pur- poses is answered by prohibiting a commerce, that can be no other way carried on ? That is, by forbid- ding the Spaniards to bring their wealth for us to Florida, which is an unhealthy sand-bank, held by a garrison, at a great expence of money, and a great - .er of lives, that cannot for ages, if ever it will, yield a single advantage to Great-Britain, but that she refuses to enjoy. HOUSE OF REPRESENTATIVES, I N P ENNSTL V AN I A, SEPTEMBER 11, 1765. JL HE house resumed the consideration of their resolution of yesterday, to appoint a committee of three or more of their members, to attend a general congress of committees from the several assem- blies on this continent, to be held at New -Tor k, on the first of October next, and after some time spent therein, JResohcd, That Mr. Speaker, Mr. Dickinson, Mr. Bryan, and Mr. Morton, be, and they are hereby nomi- nated and appointed to attend that service/' THE ROUGH DRAFT OF THE Resolves of the first Congress, HELD AT NE W.YORK, IN THE TEAR 1765. E, the Deputies from the colonies of Massachusetts Bay, Rhode-Island, Connecticut, New- York, New-Jersey, Pennsylvania, the lower Counties on Delaware, Maryland, and South-Caro- lina, in.general congress assembled, DECLARE, 1. THAT his majesty's subjects in these colo- nies, owe the same allegiance to the crown of Great Jlritain, that is due from his subjects born within the realm. 2, THAT all acts of parliament, not inconsistent with the principles of freedom, are obligatory on the colonists. 3. THAT his majesty's liege subjects in these colonies, are as free as his subjects in Great Bri- tain. 4. THAT it is inseparably essential to the free- dom of a people, that no taxes be laid upon them, but with their own consent given personally, or by their representatives. 5. THAT the people of these colonies are not, and from local circumstances cannot be represented in the house of commons in Great Britain. 6. THAT the only representatives of the people of these colonies, are the persons chosen therein by themselves for that purpose. 7. THAT no taxes can be constitutionally impos- ed on the people of these colonies, but by their grants made in person or by their representatives. 8. THAT the power of granting supplies to the crown in Great Britain belonging solely to the commons, and consequently all such grants being only gifts of the people to the crown, it therefore involves an inconsistency with the principle and spirit of the British constitution, and with reason, for the commons of Great Britain to undertake to. give to his majesty, according to the terms of the ( .95 ) late act of parliament, entituled, " An act for grant- ing certain duties in the British colonies and plan- tations in America," &c. the property of the co- lonists. 9. THAT trial by jury is the inherent and inva- luable right of every freeman in these colonies. 10. THAT the late act of parliament passed in the fifth year of his majesty's reign, entituled, " An " act for granting and applying certain stamp du- " ties and other duties, in the British colonies " and plantations in America," and by imposing taxes on the inhabitants of these colonies, and by extending the jurisdiction of the courts of admi- ralty, is subversive of their most sacred rights and liberties. 11. That the duties imposed by the said first mentioned act, will be, from the peculiar circum- stances of these colonies, extremely grievous and burthensome. 12. That the restrictions imposed by several late acts of parliament on the trade of these colonies, must of necessity be attended by consequences very detrimental to the interests of Great- Britain and America. 13. That the prosperity of these colonies depends on the reservation of their rights and liberties, and an intercourse with Great-Britain mutually affec- tionate and advantageous* 14. That it is the indispensible duty of these colonies to the best of sovereigns, to the mother country, and to themselves, to endeavour by legal and dutiful addresses to his majesty, and both houses of parliament, to procure the repeal of the " act for granting and applying certain stamp " duties," of all clauses whereby the jurisdiction of the admiralty is extended as aforesaid, and of the other late acts for the restriction of American commerce. 15. That it is the right of the British subjects on this continent to petition the king, and lords and commons in parliament assembled, whenever they judge their liberties and interests to be so far affect- ed, as to render such applications necessary." A N ADDRESS TO THE COMMITTEE OF CORRESPONDENCE I N BARBADOES. OCCASIONED BY A LATE LETTER FROM THEM T o THEIR AGENT IN LONDON. ST A NORTH-AMERICAN. THIS WORD, REBELLION, HATH FROZE THEM UP LlKE FISH IN A POND. SHAKESPEARE. PRINTED AT PHILADELPHIA, IJ* THE YEAR i;66. VOL. I. N PREFACE. A D the charge of REBELLION been made by a private person against the colonies on this conti- nent, for their opposition to the Stamp Act, 1 should not have thought it worth answering. But iv hen it was made by men vested with a public character, by a committee of correspondence, repre- senting two branches of legislature in a considerable government, and the charge was not only approved^ as it is said, by those branches, but was actually published to the world in news-papers, it seemed to me to deserve notice. I waited some time, in hopes of seeing the cause espoused by an abler advocate ; but being disappointed, I resolved, " favente Deo," to snatch a little time from the hurry of business, and to place, if I could, the letter of those gentle- men to their agent, in a proper light. It is very evident from the generality of their accusation against their " fellow -subjects on the " northern continent ;" of the expressions they use in the latter part of their letter, when they speak of the " violent spirit raised in the North- Ameri- " can colonies," and from what follows, that they do not apply the opprobrious term they use, only to those few of the lower rank, who disturbed us with ( 100 ) two or three mobs in some of the provinces, nor to any other particular class of people ; but that the censure is designed for ALL the inhabitants of these colonies who were any way concerned in the opposi- tion that has been given, and consequently that the modes of that opposition are thereby condemned. Two considerations therefore have induced me to un- dertake their defence. First, to vindicate ihe ho- nour of my country, which I think grossly and wantonly insulted. Secondly, to refute opinions, that in unfortunate times, may, if adopted, be inju- rious to liberty. . Many good pieces, have been published in these colonies, to shew their title to the rights claimed by them ; the invasion of those rights by the Stamp Act ; the other hardships imposed on them, and the bad consequences that probably would follow these measures ; but nothing has appeared, at least I have seen nothing that I recollect, in defence of the principle on which the opposition has been made, and of the manner in which it has been conducted. These are points entirely new ; and the considera- tion of them is now rendered necessary, by the pub- lic reproach that has been thrown on the people of this continent* A LETTER FROM THE COMMITTEE OF CORRESPONDENCE I N BARBADOES, TO THEIR AGENT IN LONDON- S I R, IN compliance with the united resolution of tc the two branches of our legislature, of which we 44 have severally the honour to be members, and to " compose their committee of correspondence, we " are now to desire you to lay our complaints be- " fore his majesty and the parliament, on the hard- " ships which this community labours under, by 44 the imposition of the stamp duties, lately put " in force amongst us. We have, indeed, sub- " mitted, with all obedience, to the act of parli- " ament ; yet our submission has, by no means, " arisen from any consciousness of our ability to '* bear the burden of these taxes, or from the want C 102 ) " of a due sense of the oppressive weight of them " in all its parts, but from a principle of loyalty 44 to our king and mother country, which has carri- 44 ed us above every consideration of our own dis- 44 tresses : yet, if we have suffered without resist- 44 ance, we have learnt by it to complain withrea- 44 son ; and, since we have raised no clamours from 44 our own fears, we must surely have the better ti- 44 tie to remonstrate from our feelings. But, with 44 respect to the manner in which our grievances 41 in this case, along with so good a proof of our 44 obedience to the laws of our mother country, are i4 to be reported to his majesty and the parliament, 44 we must refer ourselves to your good judgment 44 and discretion ; so much better circumstanced 44 as you are on that side of the water to judge for 44 us, than we can do at this distance for ourselves; 44 and so perfectly assured asVe are also of your 44 ability and zeal, in the conduct of every matter 44 of importance that can be intrusted to your 44 agency for this country's service. To you, sir, 44 therefore we give the power, in the name of our 44 council and assembly, to present such a memo- 44 rial, or memorials, to his majesty, and the two 44 houses of parliament (if to all be necessary) as 44 to yourself shall seem most proper and advise- 44 able ; setting forth the anxiety and distresses of * 4 our country, under this new and extraordinary 44 burden of taxation, by which we not only find ( 103 " ourselves loaded with a charge more than is 44 proportioned to our circumstances, but deprived " also of a privilege, which renders the oppression 44 beyond measure grievous. We see two of the 44 most important objects to such a colony as ours, 44 trade and justice, crouching under the load of u these new duties ; and by the manner in which 44 the duties have been imposed, we find too the 44 most valuable of all our civil rights and liber- 44 ties sinking along with them. The design of " this new and extraordinary charge upon our 44 country is, towards defraying the expences of 44 defending, protecting and securing, the colonies 44 of AMERICA. But what new and extraordinary 44 expence has this colony put the nation to, for 4t the expence of maintaining of troops quartered " in the several provinces of NORTH- AMERICA, " for the protection and security of those parts of 44 the British dominions ? This is just as reason- " able, and just as merciful too, as it would be to 44 impose a heavy mulct on the inhabitants of this 44 place, by way of a punishment for the present 44 REBELLIOUS opposition given to authority, 44 by our fellow-subjects on the northern continent. 44 But if we are to be subject to the power of the 44 parliament of Great-Britain in our internal 44 taxes, we must be always liable to impositions, 44 that have nothing but the will of the imposers i4 to direct them, in the measure, since we have " there no representatives to inform them of the " true state of our circumstances, and of the degree " of our strength to bear the burdens that are im- " posed. How far, indeed, we are intitled, by the u constitution of ENGLAND, or our own peculiar " charter, to an exemption from every other inter- " nal tax, than such as may be laid upon us by the " representatives of our own people, in conjunction " with the two other branches of our legislative " body, inconsistent with reason and justice ; and sub- versive of those sacred rights which GOD himself ( us ) from the infinity of his benevolence has bestowed upon mankind. YET after these expressed or implied concessi- ons, you term the opposition made by my country- men to the execution of this imagination can- not supply me with an epithet equal to my meaning act, " REBELLIOUS." PRAY> gentlemen, let me not mistake your no* tion of " humble submission to authority." Do you maintain, that because the parliament may le- gally make some laws to bind us, it therefore may legally make any laws to bind us ? Do you assert, that where power is constitutionally vested in par- ticular persons for certain purposes, the same obedi- ence is due to the commands of those persons, when they exceed the limits of that power, as when they are restrained within them ? Do you say, that all acts of authority are sanctified by the mere pleasure of their authors, and that " humble submission " is due to them, however injurious they may be to those over whom they are exercised or that the oppressed ought to content themselves with " giv- " ing the COMPLEXION of your CONDUCT" to TALE petitions and that all other opposition is " rebellious?" VOL. i. P GREATLY I am afraid, that you have published to the world too convincing proofs, that you hold these sentiments ; sentiments, which I solemnly profess are so horrible to me, that I cannot wish the infection of them even to the bitterest enemies of my country. HAVE you considered, gentlemen, the importance of the points to which your political creed may be applied ? What is your opinion of the revolution, that made the British liberty and British glory blaze out with their brightest lustre ? Had you lived in those days of ignorance, with what lucky assistance might you have propped up the tottering tyrant, by maxims of law to prove, that kings can do no wrong ; and texts of scripture to shew, that submission is due to the powers that be ! IT is as manifest, that the great and good men who then placed the throne in the temple of liberty, disdained your sentiments, as it is, that if they had approved them, you would not at present enjoy the satisfaction of being ruled by a prince whose virtues do honour to his rank. All the happiness you possess, you owe to the force of the principle, which you now reproach \ and your professing your reso- lution to persist in an " humble submission" to ats that you expressly say, " make your oppress- " ion beyond measure grievous," and destroy " the. 44 most valuable of your civil rights and liberties," is deserting and betraying as much as you can, that principle, on which the constitution of Great-Bri- tain is established A principle that has operat- ed differently among these colonies, as became them, from what it did in that kingdom at the me- morable period abovementioned - not in action, but negatively in a refusal to act, in a manner de- structive to them. LET me speak plainly. In such a cause to pre- varicate or fear, is worse, if possible, than falshood or cowardice. Good breeding in private life, or good behaviour in public life, can never require a deviation from truth or virtue. Our obligation to these, is co existent with us, and unchangable.. No other relation therefore can dissolve or diminish the primary, unalterable duty. Do you believe, gentlemen, that parliaments ver did, or never will do wrong ? Do you profess* an infallibility in politics, which you ridicule in religion ? If any man should tell, the present par- liament, they are all-wise and all-perfect, I am per- suaded, it would be esteemed a wretched insult both on their understanding and piety. Say they are the wisest and justest assembly on earth ; and you say right. But human wisdom and human justice partake of human frailties. Such is lot of our nature and to bestow the attributes of heaven on mortals, who to day are, and to-mor- row are not, is the wildness of adulation. SURELY, you cannot persevere in your error. If the stamp-act, DETESTABLE as you have described it, cannot wake you from dreams of submission, yet is there no idea of danger or distress which your fancy can represent to you, that you think would justify you in something else than petitioning ? Have you no " feelings" by which you might be tortured a little beyond " remonstrating ?" / do not It now what is dreadful to YOU, nor can I form the least guess what would be so : but suppose to your- selves an act of parliament commanding you to do or suffer something the most dreadful in the world to YOU : something ten thousand times more dreadful- -^to YOJ I mean- -than " oppression " beyond measure grievous;" " crushing justice " under insupportable burthens;" or u sinking " the most valuable of all civil rights and liber- 44 ties." Whatever that would be \.Q you, the Stamp act is to my countrymen. HERE permit me, gentlemen, to ask, whether in such a case you would " humbly submit," tho' it. should be in your power effectually to refuse ? To make your conduct consistent with the sentiments avowed in your letter, you must. Would you ? ( "7 ) Then, if what we are told of the ancient C a pp ado- dans be true, you would exhibit the second in- stance since the creation of mankind, of a people choosing to be slaves. Would you refuse ? What then becomes of your " principle of loyalty,' 7 and your " obedience to the laws of your mother coun- *' try ?" If so, they are only fine words, with which you intend to purchase some sort of reputa- tion with some sort of people ; you are then loyal and obedient, as you call yourselves, because you apprehend you cannot safely be otherwise ; and the pretended virtues you claim, like forced fruits, par- take too strongly of the manure that gave them growth, to afford any agreeable relish. Thus you reduce yourselves to the miserable dilemma of making a choice between two of the meanest cha- racters of those who would be slaves from incli- nation, tho' they pretend to love liberty and of those who are dutiful from, fear, tho' they pretend to love submission. PARDON me, gentlemen, if I attribute to you the virtue, which your excessive modesty disclaims. Since you were deterred from reproaching, by the cautious consideration, that you could not " rc- " proach WITHOUT DANGER;" I am. almost per- suaded, that you would prefer refusal to slavery, if you were assured, that you could " refuse WITH- " OUT DANGER." You greatly injure me, gentlemen, if you ima- gine from what I have- said, that I am not a hearty friend to my king, his illustrious Family, to Great- Britain, or to the connection between her and these colonies. In what I am now to say, I shall speak not only my own, but the universal sentiments of my countrymen, I am devoted to my gracious so- vereign, and his truly royal house, by principle and affection. They appear to me to have been called by Providence to the throne ; not to have gained it, by the least share of the guilt, or even of the art, that has so often exalted the most unworthy to. the most splendid stations. They have risen with brightness upon the world, in due course, to shed blessings over mankind ; and all history can- not furnish an instance of a family > whose virtues have had a more auspicious influence on the happi- ness of men, particularly of their subjects. Their government does not afford only gleams of joy, but rheers with a flowing uniformity, except when some evil spirit interrupts our felicity But these interruptions have never lasted : can never last, while princes of the line of Brunswick preside over us. Their amiable qualities are hereditary ; these render, if I may be allowed the expression, our happiness hereditary; and I might therefore be justly deemed very deficient in sense or integrity, if it was not among my most ardent prayers, that the sceptre of his dominions may be held by ouy present monarch and his family, till time shall be no more. As to Great-Britain, I glory in my relation to her. Every drop of blood In rny heart is British ; and that heart is animated with as warm wishes for her prosperity, as her truest sons can form. As long as this globe continues moving, may she reign over its navigable part; and may she resem- ble the ocean she commands, which recruits with- out wasting, and receives without exhausting, its kindred .streams in every climate. Are these the sentiments of disloyalty or disaffection ? Do these sentiments point at independency ? Can you be- lieve it ? Will you assert it ? I detest the thought with inexpressible abhorrence, for these reasons ; first, because it would be undutiful to our sove- reign ; secondly, because it would be unjust to our mother country ; and thirdly, because it would be destructive both to her and to us, THE British nation is wise and generous. They can distinguish between a disgust to government, and to the administration of it ; a distinction, which bad ministers are continually striving to confound. They set up their passions for the interests of their king and country ; and then, whoever is offended with their conduct, is convicted by a very plain de- duction of ministerial logic, of being an enemy to ( '=0 ) his king and country. No farmer dislikes the sun ; but if it collects such thick clouds as too much intercept its beams, surely the poor man who sees all his hopes sickening and withering, may very innocently dislike the gloom, and wish the reviving rays may be felt again. The British na- tion aims not at empire over vassals : And must, I am convinced, be better pleased to hear their children speaking the plain language of freemen, than muttering the timid murmurs of slaves* Can you believe, gentlemen, that they will be better pleased with the " stile and substance of your re- " presentation," than with the honest transports of North-American breasts, so exactly like what they feel, when they think themselves injured ? If there" is any people whose character it is, to submit to wrongs, basely pretending to prefer the pleasure of those who offer them, to their own welfare or ho- nor, while cowardly hatred and malice lurk rank- ling and "heart-burning" in their bosoms, watch- ing, wishing opportunities of dire revenge, it be- longs not to Britojis, or their true sons. They can neither dissemble injuries, nor unreasonably resent them. These are vices of little, cruel minds. Much better, much safer is it for all parties, parti- cularly when we contend with noble spirits, man- fully to speak what we think, and thereby put it in their power such will always have it in their inclination to give us ample satisfaction. They know that those who are most sensible of injuries, are most sensible of benefits. There can be no friendship between freemen and slaves ; ami I have the strongest hopes that our mutual affection will henceforward be more cemented than it hitherto has been on their part, because we have proved ourselves worthy of their esteem ; and on our part, because their generosity will excuse the man- ner in which we have proved it. SUPPOSE all this continent had imitated your example, and had repeated your doleful, doubtful notes, from one end of it to the other: had ac- knowledged upon their knees, " that they could " not positively say whether they were intitled to *' the exemption" they required, was there the least probability of their obtaining it ? I do not object to the probability, for want of justice or of affection towards us in our mother country; but for want of proper attention, which the artifices of our enemies in support of their own darling measures, would always have prevented. EVERY man must remember, how immediately after the tempest of the late war was laid, another storm began to gather over North- America. Every wind that blew across the Atlantic, brought with it additional darkness. Every act of the adminis- VOL. i. Q ( 122 ) tration seemed calculated to produce distress, and to excite terror. We were alarmed -we were afflicted. Many of our colonies sent home petiti- ons ; others ordered their agents to make proper applications on their behalf. What was the effect? They were rejected without reading. They could not be presented, u without breaking through a rule of the bouse." They insisted upon a right, that, it " was previously determined should not be admitted." The language of the ministry was " that they would teach the insolent North-Americans, the respect clue to the laws of their mother coun- try." They moved for a resolution " that the parliament could legally tax us." It was made. For a bill It was framed. For its dispatch It was past. The badges of our shame were prepar- ed too gross too odious even in the opinion of that administration, to be fastened upon us by any but Americans. Strange delusion ! to imagine that treachery could reconcile us to slavery. They look- ed around : they found Americans O Virtue ! they found Americans, to whom the confidence of their country had committed the guardianship of her rights, on ivbo?n her bounty had bestowed all the wreck of her fortunes could afford, ready to rivet on their native land, the nurse of their infancy, the protectrix of their youth, the honour- er of their manhood, the fatal fetters which their information had helped to forge. They were to be gratify ed with part of the plunder in oppressive of- fices for themselves and their creatures. By thcse^ that they might reap the rewards of their corrupti- on, were we advised by these, that they might return masters who went out servants, were we desired to put on the chains, and then with shack- led hands to drudge in the dark, as well as we could, forgetting the light we had lost. " If I 44 forget thee, let my right hand forget her cun- 44 ning if I do not remember thee, may my tongue 44 cleave to the roof of my month." WHEN the intelligence of these astonishing things reached America, 44 then flam'd her spirit high.'* WHAT could she do? send home petitions again? The first had been treated with contempt. What could be expected from a second trial ? We knew, that the humble petition of meek, pious, venerable bishops, supplicating for the laws and religion of their country, had been called a false and seditious libel by a daring administration, who were resolved to have no law but their own plea- sure. We knew, that the liberty of our fel- low-subjects had been lately so boldly invaded, even in our mother country, in that spot where the dignity of the empire may be said more peculi- arly to reside, that their oppressors were hardly stopped in their career, by the united voice of an injured and offended people. We knew, that the men who designed to oppress us, held up to those whose assistance they were obliged to use, speci- ous pretences of immediate advantage, while every remoter mischief, every disagreeable truth was art- fully concealed from them. They were persuaded, that they were to promote their own interests, the public interests, by adopting the new- in vented po-. licy proposed to them. In short we knew, in what line every thought and act relating to us, ran. All was arbitrary, rigid, threatening, dreadful. What resource had we ? We wondered and wept At last, imploring the divine protection, and appealing to the British goodness, we were driven by appre- hension and affliction into a conduct, that might justly have rendered us to the humane, rather ob- jects of pity, than resentment ; but which you, gen- tlemen , are pleased to call a " rebellious opposition to author ity," How much farther these colonies might have gone; how much farther it would have been pro- per for them to go, I will not pretend to say. I confine myself entirely to your state of the case, and to their behaviour in that case. My soul sick- ens at the scenes that obtrude themselves on my imagination, -while I reflect on what might have happened. My attention turns with unspeakable pleasure to those brighter prospects now * opening on my country, and the approaching times, when thro' the mercy of ALMIGHTY GOD, to whom be ascribed everlasting glory, the inhabitants of these colonies, animated with sentiments of the most per- fect gratitude, confidence, affection, and veneration, justly heightened by the engaging clemency of our amiable sovereign, and the endearing tenderness of our excellent mother country, shall be diligently and delightfully employed in demonstrating, that they are not unworthy of the blessings bestowed upon them. Great-Britain has been long distin- guished she must be now perpetually celebra- ted, for her moderation. This is her peculiar praise. Other states have been as great in arms ; as learned in arts ; but none ever equalled her in moderation a virtue, and the parent of virtues. I AM very sorry that these colonies had any rea- son given them to think they were right in going so far as they lately did : yet tho' many things have been done, that I sincerely wish had not been done, I should be glad to know what particular part of their conduct has provoked you to issue, if I may use one of your expressions, so *' severe a ki decree' ' against them. * The news of the STAMI- ACT being repealed, arrived while this piece was in the press. ( 126 ) DID the resolutions made by their several assem- blies in vindication of their rights, deserve such a censure ? You grant they were founded on truth and justice. Can it be criminal to maintain these ? Perhaps you think they were guilty, in forming and persisting in their universal determination not to use stamped papers, as they were commanded to do. No man can be blamed for doing any thing, which if he had not done, he must have committed a worse action. Remember the opinion you have expressed of the liberties for which these colonies were struggling. Had they accepted the stamped papers, they would not only have betrayed them- selves, and you, whose prosperity they wish from a generosity of temper, of which they hope you will hereafter give them more agreeable proofs than you have yet done, but they would also have basely be- trayed ages yet unborn, to a condition that would have rendered their birth a curse. You think " a " memorial or memorials" would have relieved them, if they had " humbly submitted;" that is, that injuries that could not be prevented by a re- gard to justice, liberty and the happiness of milli- ons, might be redressed by well-penned petitions. No ! The right would have been surrendered by our act a precedent would have been establish- ed by our acquiescence, for perpetual servility. Where would the demands of ministers, where would the miseries of America have stopped ? I BELIEVE your island and its neighbours have been more fortunate in " memorialising" than this continent. Had we any reason to expect relief from the conduct proposed ? Has any thing hap- pened since, to shew that we should have succeed- ed by it? Let any person consider the speeches lately made in parliament, and the resolutions said to be made there, notwithstanding the convulsions occasioned through the British empire, by the opposition of these colonies to the stamp act, and he may easily judge what would have been their situation, in case they had bent down and humbly taken up the burden prepared for them. What would have been their fate, since they have oppo- sed, if one man the victor of his country's foreign and domestic foes, had not by his wisdom and virtue, checked the rage that deception might art- fully have kindled in the most honest and humane people upon earth, heaven alone can tell. WHEN the exclusion bill was depending in the house of commons, col. Titus made this short speech " Mr. speaker, I hear a lion roaring in " the lobby. Shall we secure the door, and keep " him there : or shall we let him in, to try if we " can turn him out again." CAN it be possible, gentlemen, that our stopping on this continent the importation of goods fronx ( 128 ) Great-Britain, has brought your resentment upon us ? If it has, it is the first time that industry and frugality have met with such hard judges. THE only thing I can think of besides, which might induce you to treat my countrymen as you have done, is the behaviour of the mobs composed of the lower ranks of people in some few of the colonies, to those who were favourers of the stamp act But surely that could not produce so gene- ral an accusation of " your fellow- subjects on the ic northern continent." It was indeed a very im- proper way of acting ; but may not these agonies of minds not quite so polished as your owji, be in some measure excused ? if as the absolute monarch of Judca, said " oppression maketh a wise man " mad ;" and if as the loyal committee of corres- pondence in Barbadoes says, u the subversion of justice" and "the most valuable of all civil rights 41 and liberties" is " oppression beyond measure " grievous." It is needless to dwell longer on this head ; but if you choose to inquire into the circum- stances of every mob that has happened here, tak- ing for granted that the stamp-act is constituti- onal, I believe even you, on cool consideration, would not term any of them a rebellion. UPON the whole, I acknowledge, that a regard to themselves* has influenced the inhabitants of ( 120 ) these colonies ; but it was not a regard void of the truest loyalty to their king, the warmest affection, the profoundest veneration, for their parent country. If my father, deceived and urged on by bad or weak men, should offer me a draught of poison, and tell t would be of service to me, should I be unduti- ful, if, knowing what it is, I refuse to drink it ? or if inflamed by passion, he should aim a dagger at my heart, should I be undutiful, if I refuse 'to bare mv breast for the blow ? Or should I act like a man in us senses, if I swallow the dose or receive the stroke, in expectation that those who prompted or provoked my father to the action, would afterwards give me a certain antidote or balsam especially if they would probably get a large part of my estate ? I will beg leave to trouble you, gentlemen, with one more comparison. If a fortune of im mease value comes into my possession by being led on me, as the lawful son of my father, which t.H then had been held solely by him, and my ene . mies should persuade my excellent parent to at tempt to bastardize me, and take the whole into his hands again, I not having the least prospect of "happiness without it, and he not having the least ccasion for it should I be undutiful, if after ndeavouring by intreaties to prevent his proceed ngs, I carefully record all the proofs of my being Animate, stop the circulation of all false voucher* VOL. i. R ( -3 ) to the contrary, decline the correspondence of those who join with him, and even break the head of man, who slanders my honour and my title, by spreading an opinion that I am basely born .' With how much less reason will the charge of undut ness be made against me, if I have regularly ad- vanced for my father all such sums as he has fro time to time required, and have assured him by my professions and behaviour, that he shall have all the profits of the estate, allowing me a comfortabl maintenance, if he will suffer it to continue in my possession and all the world knows, that by | condition annexed to this estate, I cannot part with it, without acknowledging myself to be a bast To conclude -gentlemen I know none of you ; not even one of your names. I mean no per- sonal reflections in this address. I detest them. If you should take any thing I have said, so mucl in that way, as to feel uneasiness from it, I shall very sorry. Neither do I intend any reflections o your country, tho' you represented her when you attacked mine. I always detested these loose asper- sions, that ever give most pain to bosoms that hon- our and delicacy have rendered most sensible ; an< this detestation has been greatly increased sin within these few years, we have seen such loads of obloquy thrown upon a * nation, whose magn; * The Scot*. ('Si ) mity in bearing them, will be sufficient I hope, to procure them the esteem of those, who have been so much blinded by passion, as to deny it to their other numerous virtues and accomplishments. Your island is respectable. Your private characters may be amiable ; but in a public capacity, you have cast a most high and unprovoked censure on a gal- lant, generous, loyal people. You have propagated a set of sentiments, and have promoted a tenor of conduct, that may be hurtful to the cause of free- dom. I have engaged with too unequal arms per- haps to oppose you ; but to fail in such a contest, will afford me some kind of pleasure. I wish you every blessing that men can enjoy ; and as a foun- dation and security of all the rest, I wish you a true love of liberty. A NORTH-AMERICAN. THE FARMER'S LETTERS TO THE INHABITANTS OF THE BRITISH COLONIES. PRINTED AT PHItyADELPHIA, 1767. THE FARMER'S LETTERS in this collection, are published from the Virginia edition of them in 3.769, the only copy the editors have been able to procure. The preface to that edition, is believed to have been written by Richard Henry Lee, after- wards president of congress. IN May, 1768, Dr. Franklin had the letters re- printed in London, and in a preface strongly recom- mended them to the attention of the public. In that preface he says, " As I consider our fellow " subjects of America as reasonable creatures, I " cannot but be astonished, that since there ap- " pears to be an extreme diversity of sentiment, " between us and them, concerning the power of " parliament to impose taxes in America, there " has not been any address made to their reason ; " that none of our able and learned writers has at- " tempted to convince them that they are in the " wrong, by clearly proving, either by the common " law of nations, or by the terms of their funda- *' mental constitutions, that they are subject to be " taxed by our parliament, though they have no ?' representatives in it. ( 136 } "Ox the contrary, as often as any news arrives " of the discontents in America, there is but one " cry u we must send an army, or a fleet, and *' reduce them to reason" " IT is said of a choleric people, that with them "it is but a word and a blow. I flatter myself, " that Great-Britain is not so choleric, and that " she will never go so far as to strike her colonies, " or if she should ever think herself obliged to go " so far, at least that the word will precede the " blow, and that she will speak reason to them. " To do this clearly, and with the greatest ap- " pearance of success, in dissipating their prejudi- " ces and rectifying their errors, if they have any, " it is necessary to be informed, what are their " prejudices and errors ; and before being able to " refute them, or to admit their reason or their ar- 44 guments, it is assuredly needful to know them. " IT is with this view, that I propose to re-print " here the following letters, lately published in " America and I hope their publication will " draw forth a satisfactory answer, if they can be " answered. In that case, I shall have accom- " pi i shed my object, &c." ( 137 ) IN 1769, they were translated into French, and published at Paris. To fhew how those letters were received on this continent, it may be sufficient to insert the follow- ing address, selected out of many, from news- papers published at the time. VOL. I. BOSTON, March 21, 1768. At a meeting of the freeholders and other inhabitants of this town met at Faneuil-Hall, on Monday the 1-j.th inil. for the choice of town officers for the ensuing year, upon a motion made, and seconded, it was voted that the THANKS of the town be given to the ingenious AUTHOR of a course of letters publifhed at Phi- ladelphia, and in this place, figued A FARMER ; wherein the rights of the American subjects are clearly stated, and fully vindi- cated; and Dr. Benjamin Church, *John Hancock, Esq. -j-Mr. Samuel Adams, JDr. Joseph Warren, and John Rowe, Esq. were appointed a committee to prepare and ptiblish a letter of thanks accordingly. March 24. At an adjournment of the meeting of the freeholders and other inha- bitants of this town, the following letter was reportedly the committee appointed for that purpose p , viz. To the Ingenious AUTHOR of certain patriotic let- ters, subscribed A FARMER. MUCH RESPECTED SIR! W HEN the rights and liberties of the numer- ous and loyal inhabitants of this extensive conti- nent are in imminent danger when the inveterate * John Hancock, afterwards president of congress, and governor of Mas- sachufetts. f Samuel Adams, afterwards member of congress, and governor of Mas- sachusetts. \ Joseph Warren, afterwards general Warren, who fell gloriously fighting for the liberties of his country, in- the ever memorable battle of Bunker V Hill. ( 139 ) enemies of these colonies are not more assiduous to forge fetters for them, than diligent to delude the people, and zealous to persuade them to an in- dolent acquiescence. At this alarming period, when to reluct is deemed a revolt, and to oppose such measures as are injudicious and destructive, is construed as a formal attempt to subvert order and government ; when to reason is to rebel ; and a ready submission to the rod of power., is solicit- ed by the tenders of place and patronage, or urged by the menace of danger and disgrace : It is to YOU, worthy SIR ! that America is obliged, fora most seasonable, sensible, loyal and vigorous vin- dication of her invaded rights and liberties : It is to YOU the distinguished honour is due ; that when many of the friends of liberty were ready to fear its utter subversion ; armed with truth, supported by the immutable laws of nature, the common inherit- ance of man, and leaning on the pillars of the Bri- tish constitution ; you seasonably brought your aid, opposed impending ruin, awakened the most indo- lent and inactive to a sense of danger, reanimated the hopes of those, who had before exerted them, selves, in the cause of freedom, and instructed America in the best means to obtain redress. NOR is this western world alone indebted to your 'vyisdom, fortitude and patriotism ; Great-Britain also may be confirmed by you, that to be truly great and successful, she must be just : that to op- press America, is to violate her own honours, de^ feat her brightest prospects, and contract her spreading empire. To such eminent worth and virtue, the inhabit- ants of the town of Boston, the capital of the pro- vince of the Massachusetts -Bay, in full town meet- ing assembled, express their earliest gratitude : ac- tuated themselves by the same generous principles, which appear Avith so much lustre in your useful la- bours, they will not fail warmly to recommend, and industriously to promote that union among the se- veral colonies, which is so indispensably necessary for the security of the whole. THOUGH such superior merit must assuredly, in the closest recess, enjoy the divine satisfaction of having served, and possibly saved this people ; though veiled from our view, you modestly shun the deserved applause of millions ; permit us to in- trude upon your retirement, and salute the FAR- MER, as \hz friend of Americans, and the com- mon benefactor of mankind. The above letter was read, and unanimously ac- cepted by the town, and ordered to be published in the several news -papers. Attest. WILLIAM COOPER, Town-Clerk. FROM THE BOSTON GAZETTE. TO THE PRINTERS. GENTLEMEN, Ton are desired to publish tJx inclosed. Tours y A FARMER. GENTLEMEN, IT is impossible for me to express the reveren- tial gratitude, with which I receive the very great honour, you have been pleased to confer upon me by your late letter. THE rank of the town of Boston ^ the wisdom of her counsels, and the spirit of her conduct, render, in my opinion, the approbation of her inhabitants, inestimable ; and therefore I shall ever place this testimony of it, among the chief blessings of my life. LOVE of my country engaged me in that attempt, to vindicate her rights, and assert her interests, which your generosity has thought proper so high- ly to applaud ; and if my humble labours prove use- ful to the good people of these colonies A glory ! beyond which my ambition never wished to rise I am persuaded that this happy effect must flow from the influence and lustre bestowed upon them by your favourable notice. NEVER, till my heart becomes insensible of all worldly things, will it become insensible of the unspeakable obligations, which as an American I owe to the inhabitants of the province of Mass a- ( '42 ) chusetts-Bay, for the vigilance with which they have watched over, and the magnanimity with which they have maintained the liberties of the British colonies on this continent. MAY the same sacred zeal for the common wel- fare, the same principles of loyalty to our excellent sovereign, of affection to his illustrious house, and of duty to our beloved parent kingdom, which have uniformly actuated and guided your colony, ani- mate and direct every other, so that at length that union of sentiments and measures may be firmly formed, which as you, gentlemen, most justly ob- serve, " is so indispensably necessary for the seen- 44 rity of the whole. " AMONGST my warmest wishes these will ever be that the province of Massachusetts-Bay may rejoice in a perpetual prosperity ; that the town of Boston may always flourish with a dignity becoming the capital of so very respectable a state ; that the purity of her intentions, the prudence of her designs, and the vigour of her actions, may constantly con- found the machinations of her enemies ; and that the virtues of her present inhabitants may be trans- mitted down from age to age, that so the latest posterity in these colonies, may never want faith- ful guardians of American freedom. A FARMER. Pennsylvania, April II, 1768. LETTERS FROM A FARMER. LETTER I. MY DEAR COUNTRYMEN, I AM a farmer, settled, after a variety of for- tunes, near the banks of the river Delaware, in the province of Pennsylvania. I received a liberal education, and have been engaged in the busy scenes of life ; but am now convinced, that a man may be as happy without bustle, as with it. My farm is small ; my servants are few, and good ; I have a little money at interest ; I wish for no more; my employment in my own affairs is easy ; and with a contented grateful mind, undisturbed by worldly hopes or fears, relating to myself, I am completing the number of days allotted to me by Divine goodness. ( 144 ) BEING generally master of my time, I spend a good deal of it in a library, which I think the most valuable part of my small estate ; and being ac- quainted with two or three gentlemen of abilities and learning, who honour me with their friendship, I have acquired, I believe, a greater knowledge in history, and the laws and constitution of my coun- try, than is generally attained by men of my class, many of them not being so fortunate as I have been in the opportunities of getting information. FROM my infancy I was taught by my honoured parents to love humanity and liberty. Inquiry and experience have since confirmed my reverence for the lessons then given me, by convincing me more fully of their truth and excellence. Benevolence towards mankind, excites wishes for their welfare, and such wishes endear the means of fulfilling them. These can be found in liberty OL!J, and therefore her sacred cause ought to be espoused by every man, on every occasion, to the utmost of his power. As a charitable, but poor person does not withhold his mite, because he cannot relieve all the distresses of the miserable, so should not any honest man sup- press his sentiments concerning freedom, however small their influence is likely to be. Perhaps he 14 may touch some wbeel,"^ that will have an effect greater than he could reasonably expect . f Popc ? ( 14-5 ) THESE being my sentiments, I am encouraged to offer to you, my countrymen, my thoughts on. some late transactions, that appear to me to be of the utmost importance to you. Conscious of my own defects, I have waited some time, in expectation of seeing the subject treated by persons much better qualified for the task ; but being therein disap- pointed, and apprehensive that longer delays will be injurious, I venture at length to request the atten^ tion of the public, praying, that these lines may be read with the same zeal for the happiness of British America, with wliich they were written. WITH a good deal of surprize I have observed, that little notice has been taken of an act of parlia- ment, as injurious in its principle to the liberties of these colonies, as the stamp act was : I mean the act for suspending the legislation of Ne\v-Tork. THE assembly of that government complied' with a former act of parliament, requiring certain provi- sions to be made for the troops in America, in every particular, I think, except the articles of salt, pep- per, and vinegar. In my opinion they acted impru- dently, considering all circumstances, in not com- plying so far as would have given satisfaction, as several colonies did : But my dislike of their con- VOL, i. T ( 146 ) duct in that instance, has not blinded me so much, that I cannot plainly perceive, that they have been punished in a manner pernicious to American free- dom, and justly alarming to all the colonies. IF the British parliament has a legal authority to issue an order, th,at we shall furnish a single article for the troops here, and to compel obedience to that order, they have the same right to issue an order for us to supply those troops with arms, clothes, and every necessary ; and to compel obedience to that order also ; in short, to lay any burthens they please upon us. What is this but taxing us at a certain sum, and leaving to us only the manner of raising it ? How is this mode more tolerable than the stamp act ? Would that act have appeared more pleasing to Americans, if being ordered there- by to raise the sum total of the taxes, the mighty privilege had been left to them, of saying how much should be paid for an instrument of writing on paper, and how much for another on parchment ? AN act of parliament, commanding us to do a cer- tain thing, if it has any validity, is a tax upon us for the expence that accrues in complying with it ; and for this reason, I believe, every colony on the continent, that chose to give a mark of their re- spect for Great Britain, in complying with the act relating to the troops, cautiously avoided the men- ( H7 ) tion of that act, lest their conduct should be attri- buted to its supposed obligation. THE matter being thus stated, the assembly of New-Tork either had, or had not, a right to refuse submission to that act. If they had, and I imagine no American will say they had not, then the parlia- ment had no right to compel them to execute it. If they had not this right, they had no right to punish them for not executing it ; and therefore no right to suspend their legislation, which is a pu- nishment. In fact, if the people of Neiv-Tork, can- not be legally taxed but by their own representa- tives, they cannot be legally deprived of the privi- lege of legislation, only for insisting on that exclu- sive privilege of taxation. If they may be legally deprived in such a case, of the privilege of legis- lation, why may they not, with equal reason, be deprived of every other privilege ? Or why may not every colony be treated in the same manner, w T hen any of them shall dare to deny their assent to any impositions, that shall be directed ? Or what signifies the repeal of the stamp act, if these colo- nies are to lose their other privileges, by not tamely surrendering that of taxation ? THERE is one consideration arising from this sus- pension, which is not generally attended to, but shews its importance very clearly. It was not nc- ( H8 ) -cessary that this suspension should be caused by an act of parliament. The crown might have re- strained the governor of New -York, even from call- ing the assembly together, by its prerogative in the royal governments. This step, I suppose, would have been taken, if the conduct of the assembly of New-York had been regarded as an act of diso- bedience to the crown alone ; but it is regarded as an act of f " disobedience to the authority of the British legislature." This gives the suspension a consequence vastly more aifecting. It is a par- liamentary assertion of the supreme authority of the British legislature over these colonies, in the point of taxation, and is intended to COMPEL New- York into a submission to that authority. It seems therefore to me as much a violation of the liberties of the people of that province, and consequently of all these colonies, as if the parliament had sent a number of regiments to be quartered upon them till they should comply. For it is evident, that the suspension is meant as a compulsion ; and the method of compelling is totally indifferent. It is indeed probable, that the sight of red coats, and the sound of drums, would have been most alarm- ing ; because people are generally more influenced by their eyes and ears, than by their reason. But whoever seriously considers the matter, must per- I See the act of suspension. eive, that a dreadful stroke is aimed at the liberty of these colonies. I say of these colonies ; for the cause of one is the cause of all. If the parliament may lawfully deprive New -Tor k of any of her rights, it may deprive any, or all the other colonies of their rights ; and nothing can possibly so much encourage such attempts, as a mutual inattention to the interests of each other. To divide, and thus to destroy, is the first political maxim in attacking those, who are powerful by their union. He cer- tainly is not a wise man, who folds his arms, and reposes himself at home, viewing, with unconcern, the flames that have invaded his neighbour's house, without using any endeavours to extinguish them. When Mr. Hampderi's ship-money cause, for three shillings and four pence, was tried, all the people of England, with anxious expectation, interested themselves in the important decision ; and when the slightest point, touching the freedom of one colony is agitated, I earnestly wish, that all the rest may, with equal ardour, support their sister. Very much may be said on this subject ; but I hope, more at present is unnecessary. WITH concern I have observed, that two assem- blies of this province have sat and adjourned, with- out taking any notice of this act. It may perhaps be asked, what would have been proper for them to do ? I am by no means fond of inflammatory ( 150 ) measures ; I detest them. I should be sorry that any thing should be done, which might justly dis- please our sovereign, or our mother country : but a firm, modest exertion of a free spirit, should never be wanting on public occasions. It appears to me, that it would have been sufficient for the assembly, to have ordered our agents to represent to the king's ministers, their sense of the suspend- ing act, and to pray for its repeal. Thus we should have borne our testimony against it ; and might therefore reasonably expect that, on a like occasion, we might receive the same assistance from the other colonies. Cone or di a res paring crescunt. Small things grow great by concord A FARMER. November 5. 1767. The day of King WILLIAM the Third's landing. LETTER II. MY DEAR COUNTRYMEN, 1 HERE is another late act of parliament, which appears to me to be unconstitutional, and as destructive to the liberty of these colonies, as that mentioned in my last letter ; that is, the act for granting the duties on paper, glass, &c. THE parliament unquestionably possesses a legal authority to regulate the trade of Great-Britain, and all her colonies. Such an authority is essential to the relation between a mother country and her colonies ; and necessary for the common good of all. He, who considers these provinces as states distinct from the British empire, has very slender notions of justice, or of their interests. We are but parts of a 'whole ; and therefore there must exist a power somewhere to preside, and preserve the connection in due order. This power is lodg- ed in the parliament ; and we are as much depen- dent on Great-Britain, as a perfectly free people can be on another. I HAVE looked over every statute relating to these colonies, from their first settlement to this time ; and I find every one of them founded on this principle, till the stamp-act administration.* Alt before, are calculated to regulate trade, and pre- serve or promote a mutually beneficial intercourse between the several constituent parts of the empire ; and though many of them imposed duties on trade, yet those duties were always imposed with design to restrain the commerce of one part, that was in- jurious to another, and thus to promote the general \velfare. The raising a revenue thereby was never intended. Thus the king, by his judges in his courts of justice, imposes fines, which all together * For the satisfaction of the reader, recitals from the former acts of parlia- ment relating to these colonies are added. By comparing these with the mo- dern acts, he will perceive their great difference in expression and intention. The 1 2th Charles, chap. 1 8, which forms the foundation of the laws relat- ing to our trade, by enacting that certain productions of the colonies should be carried to Englind only, and that no goods shall be imported from the planta- tions but in ships belonging to England, Ireland, Wales y Berwick, or the plants.' tuns, "&c. begins thus : " For tie increase of shipping, and encouragement of the ra- *' -vigation of this nation, wherein, under the good providence and protection of " GOD, the wealth, safety and strength of this kingdom is so much concern- ed," Ufo. The I5th Charles II. chap. 7. enforcing the same regulation, assigns these reasons for it. " In regard his majesty's plantations, beyond the seas, are inha- " bited and peopled by his subjects of this his kingdom of England ; for ths *' ma'uiiaining a greater correspondence and kindness bettveen them, and keeping them " in a firm x er dependence upon it, and rendering them yet more beneficial and " advantageous unto it, in the further employment and increase of English shipping " and seamen, vent of English woollen, and other manufactures and commodi- " ties, rendering the navigation to and from the same More safe and cheap, and making " this kingdom a staple, not only of the commodities of those plantations, but ( 153 ) amount to a very considerable sum, and contribute to the support of government : but this is merely a consequence arising from restrictions, that only meant to keep peace, and prevent confusion ; and surely a man would argue very loosely, who should u also of the commodities of other countries and places for tie supplying of them ; ** and it being the usage of other nations to keep their plantation trade to " themselves," 15* c. The 2Jth Charles II. chap. 7, made expressly " for the better securing the plan" " tation trade" which imposes duties on certain commodities exported from one colony to another, mentions this cause for imposing them : " Whereas by one act, passed in the lath year of your majesty's reign, intituled, An act for en- fouragement of shipping and navigation, and by several other laws, passed since that time, it is permitted to ship, &c . sugars, tobacco, &c, of the growth, tsV. of any of your majesty's plantations in America, bV. from the places of their growth, &c. to any other of your majesty's plantations in those parts, IsV. an-d that -without paying custom for the same, either at the lading or unlading the aid commodities, by means whereof the trade and navigation in those commo- dities, from one plantation to another, is greatly increased, and the inhabitants of divers of those colonies, not contenting themselves viitb being supplied -with those commodities for their own use, free from all customs (while the subjects of this your kingdom of England have paid great customs and impositions for what of them have been spent here) but contrary to the express letter of the aforesaid laivs, lave brought into divers parts of Europe great quantities thereof, and do also vend great quantities thereof to the shipping of other nalions, who bring them into divers parts of Europe, to the great hurt and diminution of your majesty's customs, and of the trade and navigation of this your kingdom ',for the prevention thereof, &c. The 7th and 8th William III. Chap. 11, intituled, " An act for preventing frauds, and regulating abuses in the plantation trade," recites that, " notwith- standing divers acts, toV. great abuses are daily committed, to the prejudice of the English navigation, and tit Itss of a great fart of the plantation trade to thi* VOL. I. U ( '54. ) conclude from hence, that the king has a right to levy money in general upon his subjects. Never did the British parliament, till the period above mentioned, think of imposing duties in America, for the purpose of raising a revenue. Mr. Grenmlle kingdom, by the artifice and cunning of ill disposed persons \ far remedy whereof, &c. And whereas in some of his majesty's American plantations, a doubt or misconstruction has arisen upon the before mentioned act, made in the 2jth year of the reign of King Charles II. whereby certain duties are laid upon the commodities therein enumerated (which bylaw may be transported from cne plantation to another, for the supply of each others wants'* as if the same were, by the payment of those duties in one plantation, discharged from giv- ing the securities intended by the aforesaid act?, made in the I2th, azd and 23d years of the reign of king Cbarks II. and consequently be at liberty to go to any foreign market in Europe" \5"c. The 6th Anne, chap. 37, reciting the advancement of trade, and encou- ragement of ships of war, bV. grants to the captors the property of all prizes carried into America, subject to such customs and duties, as if the same had been first imported into any part of Great- Britain, and from thence exported, This was 2. gift to persons acting under cemm'usions from the croivn, and therefore it was reasonable that the terms prescribed in that gift, should be complied with -- more especially as the payment of such duties was intended to give a preference to the productions of British colonies, over those of other colo- nies. However, being found inconvenient to the colonies, about four years afterwards, this act was,ybr that reason, so far repealed, that by another act " all prize goods, imported into any part of Great-Britain, from any of the planta- tions, were made liable to such duties only in Great- Britain, as in case they had been of the growth and produce of the plantations." The 6th George II. chap. 13, which imposes duties on foreign rum, sugar and molasses, imported into the colonies, shews the reasons thus - " Where- as the welfare and prosperity of your majesty's sugar colonies in America, arc of the greatest consequence and importance to the trade, navigation and strength ( '55 ) first introduced this language, in the preamble to the 4th of George III. chap. 15, which has these words, " And whereas it is just and necessary, that a revenue be raised in your majesty' 1 s said domini- ons in America, for defraying the expences of de- fending, protecting, and securing the same : we your majesty's most dutiful and loyal subjects, the commons of Great-Britain, in parliament assem- bled, being desirous to make some provision in this present session of parliament, towards raising the- said revenue in America, have resolved to ^n?? and: grant unto your majesty the several rates and du- ties herein after mentioned," &c*. A FEW months after came the stamp act, which reciting this, proceeds in the same strange mode of expression, thus "And whereas it is just and ne- cessary, that provision be made/br raising a fur- tber revenue within your majesty s dominions in of this kingdom ; and whereas the planters of the said sugar colonies, have of late years/a//^ into such great discouragements that they are unable to improve or carry on the sugar trade, upon an equal footing with the foreign sugar colo- nies, without some advantage and relief be given to them from Great- Britain ; for rtmedy ivbereof, and for the good and welfare of yonr majesty's subjects" &c. The 29th George II. chap. 26, and the 1st George III. chap* 9, which conti- nue the 6th George II. chap. 13, declare, that the said act hath, by experience, been found useful and beneficial, \s?c. These are all the most considerable atatutes relating to the commerce of the colonies ; and it is thought to be utter- ly unnecessary to add any observations to these extracts, to prove that they were all intended solely as regulations, of trade. America, towards defraying the said expences, we your majesty's most dutiful and loyal subjects, the commons of Great-Britain, &c. give and grant," &V. as before. THE last act, granting duties upon paper, &fc. carefully pursues these modern precedents. The preamble is, " Whereas it is expedient that a re- venue should be raised in your majesty's dominions' in America, for making a more certain and ade- quate provision for defraying the charge of the ad- ministration of justice, and the support of civil government in such provinces, where it shall be found necessary ; and towards the further defray- ing the expences of defending, protecting and se- curing the said dominions, we your majesty's most dutiful and loyal subjects, the commons of Great- Britain, &c. give and grant, &>V." as before, HERE we may observe an authority expressly claimed and exerted to impose duties on these co- lonies ; not for the regulation of trade ; not for the preservation or promotion of a mutually beneficial intercourse between the several constituent parts of the empire, heretofore the sole objects of parlia- mentary institutions ; but for the single purpose oj levying money upon us. ( 1.57 ) THIS I call an innovation* ; and a most danger- ous innovation. It may perhaps be objected, that Great-Britain has a right to lay what duties she pleases upon her exportsf, and it makes no differ- ence to us, whether they are paid here or there. To this I answer. These colonies require many things for their use, which the laws of Great-Bri- tain prohibit them from getting any where but from her. Such are paper and glass. THAT we may legally be bound to pay any gene- ral duties on these commodities, relative to the re- gulation of trade, is granted ; but we being obliged by her laws to take them from Great-Britain, any special duties imposed on their exportation to us * " It is worthy of observation, how quietly subsidies, granted in forms usual and atcustomable (though heavy) are borne ; such a power hath use and custom. On the other side, what discontentments and disturbances subsidies/ttzwz^ in a neiv mould do raise (such an inbred hatred novelty doth hatch J is evident by exam- ples of former times." Lord Coles ad Institute, p. 33, f Some people think that Great-Britain has the same right to impose dutici on the exports to these colonies, as on the exports to Spain and Portugal, b*c. Such persons attend so much to the idea of exportation, that they entirely drop that of the connection betivecn the mother country and her colonies. If Great- Britain had always claimed, and exercised an authority to compel Spain and Portugal to import manufactures from her only, the cases would be parallel : but as she never pretended to such a right, they are at liberty to get them where they please ; and if they choose to take them from her, rather than from other nations, they voluntarily consent to pay the duties imposed on them. ( 158 I only, with intention to raise a revenue from us only y are as much taxes upon us, as those imposed by the stamp act. WHAT is the difference in substance and right, whether the same sum is raised upon us by the rates mentioned in the stamp act, on the use of pa- per, or by these duties, on the importation of iU It is only the edition of a former book, shifting a sentence from the end to the beginning. SUPPOSE the duties were made payable in Great- Britain ? IT signifies nothing to us, whether they are to be paid here or there. Had the stamp act directed, that all the paper should be landed at Florida, and the duties paid there, before it was brought to the British colonies, would the act have raised less money upon us, or have been less destructive of our rights ? By no means : for as we were under a necessity of using the paper, we should have been under the necessity of paying the duties. Thus, in the present case, a like necessity will subject us, if this act continues in force, to the payment of the duties now imposed. WHY was the stamp act then so pernicious to freedom ? It did not enact, that every man in the ( '59 ) colonies should buy a certain quantity of paper No : it only directed, that no instrument of writing should be valid in law, if not made on stamped pa- per, &c. THE makers of that act expected that the confu- sions that would arise from the disuse of writings, would compel ihe colonies to use the stamped paper, and therefore to pay the taxes imposed. For this reason the stamp act was said to be a law that 'would execute itself. For the very same reason, the last act of parliament, if it is granted to have any force here, will execute itself, and will be at- tended with the very same consequences to Ameri- ca n liberty. SOME persons perhaps may say, that this act lays us under no necessity to pay the duties imposed, because we may ours jives manufacture the articles on which they are laid ; whereas by the stamp act no instrument of writing could be good, unless made on British paper, and that too stamped. SUCH an objection amounts to no more than this, that the injury resulting to these colonies, from the total disuse of British paper and glass, will not be so afflicting as that which would have resulted from the total disuse of writing among them ; for by that means, even the stamp act might have been eluded. Why then was it universally detested by them as slavery itself? Because it presented to these devoted provinces nothing but a choice* of calamities, imbittered by indignities, each of which it was unworthy of freemen to bear. But is no in- jury a violation of right, but the greatest injury ? If the eluding the payment of the taxes imposed by the stamp act, would have subjected us to a more dreadful inconvenience, than the eluding the pay- ment of those imposed by the late act ; does it therefore follow, that the last is no violation of our rights, though it is calculated for the same purpose the other was, that is, to raise money upon us^ with- out our consent ? THIS would be making right to consist, not in an exemption from injury , but from a certain de- gree of injury. BUT the objectors may further say, that we shall suffer no injury at all by the disuse of British paper and glass. We might not, if we could make as much as we want. But can any man, acquainted with America, believe this possible ? I am told there are but two or three glass-houses on this con- tinent, and but very few paper-mills ; and suppose * Either the disuse of writing, or the payment of taxtt imposed by others ii'ltloitt our consent. more should be erected, a long course of years must elapse, before they can be brought to perfec- tion. This continent is a country of planters, farm- ers, and fishermen ; not of manufacturers. The difficulty of establishing particular manufactures in such a country, is almost insuperable. For one manufacture is connected with others in such a manner, that it may be said to be impossible to establish one or two, without establishing several others. The experience of many nations may con- vince us of this truth. INEXPRESSIBLE therefore must be our distresses in evading the late acts, by the disuse of British paper and glass. Nor will this be the extent of our misfortune, if we admit the legality of that act. GREAT-BRITAIN has prohibited the manufac- turing iron and steel in these colonies, without any objection being made to her right of doing it. The like right she must have to prohibit any other ma- nufacture among us. Thus she is possessed of an undisputed precedent on that point. This au- thority, she will say, is founded on the original intention of settling these colonies ; that is, that she should manufacture for them, and that they should supply her with materials. The equity of this policy, she will also say, has been universally ac- VOL. i. W knowledged by the colonies, who never have made the least objection to statutes for that purpose ; and will further appear by the mutual benefits flowing from this usage, ever since the settlement of these colonies. OUR great advocate, Mr. Pitt, in his speeches on the debate concerning the repeal of the stamp- act, acknowledged, that Great-Britain could re- strain our manufactures. His words are these " This kingdom, as the supreme governing and legislative power, has always bound the colonies by her regulations and restrictions in trade, in na- vigation, in manufactures in every thing except that of taking their money out of 'their pockets, without their consent." Again he says, " We may bind their trade, confine their manufactures, and exercise every power whatever, except -that of tak- ing their money out of their pockets, without their HERE then, my dear countrymen, rouse your- selves, and behold the ruin hanging over your heads. If you ONCE admit that Great-Britain may lay duties upon her exportations to us, for the purpose of levying money on us only, she then will have nothing to do, but to lay those duties on the articles which she prohibits us to manufacture and the tragedy of American liberty is finished. We have been prohibited from procuring manu- factures, in all cases, any where but from Great- Britain (excepting linens, which we are permitted to import directly from Ireland.} We have been prohibited, in some cases, from manufacturing for ourselves ; and may be prohibited in others. We are therefore exactly in the situation of a city be- sieged, which is surrounded by the works of the besiegers in every part but one. If that is closed up, no step can be taken, but to surrender at dis- cretion. If Great-Britain can order us to come to her for necessaries we want, and can order us to pay what taxes she pleases before we take them away, or when we land them here, we are as abject slaves as those in wooden shoes, and with uncomb- ed hair, PERHAPS the nature of the necessities of depen- dent states, caused by the policy of a governing one, for her own benefit, may be elucidated by a fact mentioned in history. When the Carthagini- ans were possessed of the island of Sardinia, they made a decree, that the Sardinians should not raise corn, nor get it any other way than from the Cartha- ginians. Then, by imposing any duties they would upon it, they drained from the miserable Sardinians any sums they pleased ; and whenever that oppress- ed people made the least movement to assert their liberty, their tyrants starved them to death or sub- mission. This may be called the most perfect kind of political necessity, FROM what has been said, I think this uncontro- vertible conclusion may be deduced, that when a ruling state obliges a dependent state to take cer- tain commodities from her alone, it is implied in the nature of that obligation ; is essentially requisite to give it the least degree of justice ; and is insepa- rably united with it, in order to preserve any share of freedom to the dependent state; that those com* modifies should never be loaded with duties, for the sole purpose of levying money on the dependent state. UPON the whole, the single question is, whether the parliament can legally impose, duties to be paid by the people of these colonies only, for the sole pur- pose of raising a revenue, on commodities which she obliges us to take from her alone, or, in other words, whether the parliament can legally take money out of our pockets, without our consent. If they can, our boasted liberty is but Fox ct prceterea nihil. A sound and nothing else. A FARMER. ( 165 ) LETTER 1IL MY DEAR COUNTRYMEN, I REJOICE to find that my two former letters to you, have been generally received with so much favour by such of you, whose sentiments I have had an opportunity of knowing. Could you look into my heart, you would instantly perceive a zea- lous attachment to your interests, and a lively re- sentment of every insult and injury offered to you, to be the motives that have engaged me to address you. I AM no further concerned in any thing affecting America, than any one of you ; and when liberty leaves it, I can quit it much more conveniently than most of you : but while Divine Providence that gave me existence in a land of freedom, per- mits my head to think, my lips to speak, and rny hand to move, I shall so highly and gratefully va- lue the blessing received, as to take care, that my silence and inactivity shall not give my implied as- sent to any act, degrading my brethren and myself from the birthright, wherewith heaven itself " bath made us free*"* * GAL. v. i. SORRY I am to learn, that there are some few persons, who shake their heads with solemn moti- on, and pretend to wonder, what can be the mean- ing of these letters. "Great-Britain" they say, " is too powerful to contend with ; she is determin- " ed to oppress us ; it is in vain to speak of right on u one side, when there is power on the other ; when " we are strong enough to resist, we shall at* " tempt it ; but now we are not strong enough, and " therefore we had better be quiet ; it signifies no- " thing to convince us that our rights are invaded, " when we cannot defend them ; and if we should tc get into riots and tumults about the late act, it " will only draw down heavier displeasure upon WHAT can such men design ? What do their grave observations amount to, but this that these colonies, totally regardless of their liberties, should commit them, with humble resignation, to chance^, time, and the tender mercies of ministers. ARE these men ignorant, that usurpations, which might have been successfully opposed at first, ac- quire strength by continuance, and thus become irresistable ? Do they condemn the conduct of these colonies, concerning the stamp-act ? Or have they forgotten its successful issue? Ought the colo- nies at that time, instead of acting as they did, to have trusted for relief, to the fortuitous events of fu- turity ? If it is needless " to speak of rights" now, it was as needless then. If the behaviour of the colonies was prudent and glorious then, and suc- cessful too ; it will be equally prudent and glo- rious to act in the same* manner now, if our rights are equally invaded, and may be as successful. Therefore it becomes necessary to inquire, whe- ther " our rights are invaded." To talk of " de- " fending" them, as if they could be no otherwise *' defended" than by arms, is as much out of the way, as if a man, having a choice of several roads to reach his journey's end, should prefer the worst, for other no reason, but because it is the worst. As to " riots and tumults," the gentlemen who are so apprehensive of them, are much mistaken, if they think, that grievances cannot be redressed without such assistance. I WILL now tell the gentlemen, what is " the " meaning of these letters." The meaning of them is, to convince the people of these colonies, that they are at this moment exposed to the most imminent dangers ; and to persuade them immedi- ately, vigorously, and unanimously, to exert them- selves, in the most firm, but most peaceable man- ner, for obtaining relief. ( 168 ) THE cause of liberty is a cause of too much dig- nity, to be sullied by turbulence and tumult. It ought to be maintained in a manner suitable to her nature. Those who engage in it, should breathe a sedate, yet fervent spirit, animating them to acti- ons of prudence, justice, modesty, bravery, hu- manity and magnanimity. To such a wonderful degree were the ancient Spartans, as brave and free a people as ever exist- ed, inspired by this happy temperature of soul, that rejecting even in their battles the use of trumpets, and other instruments for exciting heat and rage, they marched up to scenes of havock and horror, * with the sound of flutes, to the tunes of which their steps 1 kept pace " exhibiting," as Plutarch says, " at once a terrible and delightful sight, and " proceeding with a deliberate valour, full of hope " and good assurance, as if some Divinity had sen- " sibly assisted them." I HOPE, my dear countrymen, that you will, in every colony, be upon your guard against those, who may at any time endeavour to stir you up, un- der pretences of patriotism, to any measures dis- respectful to our sovereign and our mother coun- try. Hot, rash, disorderly proceedings, injure the * Plutarch in the life of Lycurgus* Archbishop Potltr's Archreologia Grxca. reputation of a people, as to wisdom, valour, and virtue, without procuring them the least benefit. I pray GOD, that he may be pleased to inspire you and your posterity, to the latest ages, with a spirit of which I have an idea, that I find a difficulty to express. To express it in the best manner I can, I mean a spirit, that shall so guide you, that it will be impossible to determine whether an American's character is most distinguishable, for his loyalty to his sovereign, his duty to his mother country, his love of freedom, or his affection for his native soil. EVERY government at some time or other falls into wrong measures. This may proceed from mistake or passion. But every such measure does not dissolve the obligation between the governors and the governed. The mistake may be cor- rected ; the passion may subside. It is the duty of the governed to endeavour to rectify the mistake, and to appease the passion. They have not at first any other right, than to represent their grievances, and to pray for redress, unless an emergence is so pressing, as not to allow time for receiving an an- swer to their applications, which rarely happens. If their applications are disregarded, then that kind of opposition becomes justifiable, which can be made without breaking the laws, or disturbing the pub- lic peace. This consists in the prevention of the op- VOL. 1. X ( 1 7 ) pressors reaping advantage from their oppressions , and not in their punishment. For experience may teach them> what reason did not; and harsh me- thods cannot be proper, till milder ones have failed. IF at length it becomes undoubted, that an inve- terate resolution is formed to annihilate the liber-* 1 ties of the governed, the English history affords^ frequent examples of resistance by force. What particular circumstances will in any future case justify such resistance, can never be ascertained* till they happen. Perhaps it may be allowable to say generally, that it never can be justifiable, until the people are fully convinced, that any further submission will be destructive to their happiness. WHEN the appeal is made to the sword, highly probable is it, that the punishment will exceed the offence ; and the calamities attending on war out- weigh those preceding it, These considerations of justice and prudence, will always have great in- fluence with good and wise men. To these reflections on this subject, it remains to be added, and ought for ever to be remembered, that resistance, in the case of colonies against their mo- ther country, is extremely different from the resist- ance of a people against their prince. A nation may change their king, or race of kings, and retain- ing their ancient form of government, be gainers by changing. Thus Great -Britain, under the illus- trious house of Brunswick, a house that seems to flourish for the happiness of mankind, has found a felicity, unknown in the reigns of the Stuarts. But if once we are separated from our mother coun- try, what new form of government shall we adopt, or where shall we find another Britain, to supply our loss ? Torn from the body, to which we are united by religion, liberty, laws, affections, relati- on, language and commerce, we must bleed at every vein, IN truth the prosperity of these provinces is founded in their dependence on Great-Britain ; and when she returns to her " old good humour, " and her old good nature/' as lord Clarendon expresses it, I hope they will always think it their duty and interest, as it most certainly will be, to promote her welfare by all the means in their power. WE cannot act with too much caution in our dis- putes. Anger produces anger ; and differences, that might be accommodated by kind and respect- ful behaviour, may, by imprudence, be enlarged to an incurable rage. In quarrels between countries, as well as in those between individuals, when they have risen to a certain height, the first cause of ( 17* ) dissension is no longer remembered, the minds of the parties being wholly engaged in recollecting and resenting the mutual expressions of their dis- like. When feuds have reached that fatal point, all considerations of reason and equity vanish ; and a blind fury governs, or rather confounds all things. A people no longer regards their interest, but the gratification of their wrath. The sway of the Cleans * and Clodius's y the designing and detesta- ble flatterers of the prevailing passion becomes confirmed. Wise and good men in vain oppose the storm, and may think themselves fortunate, if, in attempting to preserve their ungrateful fellow citizens, they do not ruin themselves. Their pru- dence will be called baseness ; their moderation will be called guilt ; and if their virtue does not lead them to destruction, as that of many other great and excellent persons has done, they may survive to receive from their expiring country the mourn- ful glory of her acknowledgment, that their coun- sels, if regarded would have saved her. THE constitutional modes of obtaining relief, are those which I wish to see pursued on the present occasion ; that is, by petitions of our assemblies, or where they are not permitted to meet, of the people, to the powers that can afford us relief. * Clcun was a popular firebrand of Athens, and Clodius of Rome ; each of whom plunged his country into the deepest calamities. ( '73 ) WE have an excellent prince, in whose good dispositions towards us we may confide. We have a generous, sensible and humane nation, to whom we may apply. They may be deceived, they may, by artful men, be provoked to anger against us. I cannot believe they will be cruel or unjust ; or that their anger will be implacable. Let us behave like dutiful children, who have received unmerited blows from a beloved parent. Let us complain to our parent; but -let our complaints speak at the same time the language of affliction and veneration. IF, however, it shall happen, by an unfortunate course of affairs, that our applications to his majes- ty and the parliament for redress, prove ineffectual, let us then take another step, by withholding from Great- Britain all the advantages she has been used to receive from us. Then let us try, if our ingenui- ty, industry, and frugality, will not give weight to our remonstrances. Let us all be united with one spirit, in one cause. Let us invent let us work let us save let us, continually, keep up our claim, and incessantly repeat our complaints But, above all, let us implore the protection of that infinitely good and gracious Being, " by whom kings reign, and princes decree justice*." Nil desperandum. Nothing is to be despaired of. A FARMER. * PROV. viii. 15. ( 174 ) LETTER MY DEAR COUNTRYMEN, N objection, I hear, has been made against my second letter, which I would willingly clear up before I proceed. " There is," say these objectors, tc a material difference between the stamp-act and " the late act for laying a duty on paper, &c. that " justifies the conduct of those who opposed the tc former, and yet are willing to submit to the lat- " ter. The duties imposed by the stamp-act were " internal taxes ; but the present are external, and " therefore the parliament may have a right to im- " pose them." To this I answer, with a total denial of the pow- er of parliament to lay upon these colonies any " tax" whatever, THIS point, being so important to this, and to succeeding generations, I wish to be clearly un- derstood. To the word " tax" I annex that meaning which the constitution and history of England re- quire to be annexed to it ; that is -- that it is an imposition on the subject, for the sole purpose of levying money. ( 175 ) IN the early ages of our monarchy, certain ser- vices were rendered to the crown for the general good. These were personal:* but, in process of time, such institutions being found inconvenient, gifts and grants of their own property were made by the people, under the several names of aids, tal- lages, tasks, taxes and subsidies, &fc. These were made, as may be collected even from the names, for public service upon "need and necessity)*." All these sums were levied upon the people by virtue of their voluntary giftj. Their design was to sup- port the national honour and interest. Some of those grants comprehended duties arising from * It is very worthy of remark, how watchful our wise ancestors were, lest their services should be increased beyond what the law allowed. No man was bound to go out of the realm to serve the king. Therefore, even in the con- quering reign of Henry the fifth, when the martial spirit of the nation was highly inflamed by the heroic courage of their prince, and by his great success, they still carefully guarded against the establishment of illegal services. " When this point (says lord chief justice Cok:) concerning maintenance of wars out of England, came in question, the commons did make their continual claim of their ancient freedom and blrtlrlglt, as in the first of Henry tbefftb, and hi the seventh of Henry tie fftb, &c. the commons made a PROTEST, that they were not bound to the maintenance of war in Scotland, Ireland, Colics, France, Normandy, or other foreign parts, and caused their PROTESTS to be entered into the parliament rolls, where they yet remain ; which, in effect, agrccth with that which, upon like occasion, was made in the parliament of 25th Edward I." 2d Inst. p. 528. f 4th Inst. p. 18. \ Reges Ailglize, mhll tale, nisi cotivosati: frimis ordinilius, et asstniienie papula susdpiuttt. Phil. Comines. ad Inst. ( 176 ) trade ; being imposts on merchandizes. These lord chief justice Coke classes under " subsidies,'* and " parliamentary aids." They are also called " customs." But whatever the name was, they were always considered as gifts of the people to the crown, to be employed for public uses. COMMERCE was at alow ebb, and surprizing instances might be produced how little it was at- tended to for a succession of ages. The terms that These gifts entirely depending on the pleasure of the donors, were propor- tioned to the abilities of the several ranks of people who gave, und were regulated by their opinion of the public necessities. Thus Edward I. had in his nth year a thirtieth from the laity, a twentieth from the clergy; in his aad year a tenth from the laity, a sixth from London, and other corporate towns, half of their benefices from the clergy ; in his 23d year an eleventh from the barons and others, a tenth from the clergy, a seventh from the burgesses, 5sV. Humes Hist, of England, The same difference in the grants of the several ranks is observable in other reigns. In the famous statute de tallagio nm concedendo, the king enumerates the se- veral classes, without whose consent, he and his heirs never should set or levy any tax "nttllum tallaglum, vel anxU'ium per nos, vel liter eda nostros In regno nostro fc/naiurfeu levetur, sine voluntatc et asscnsu arcbiepiscopornm, episcoporum, comitum, ba- ronum, mUitum,burgensittm, et aliorum liberorum com. dc regno nostro." 34th Edward I. Lord chief justice Cole, in his comment on these words, says " for the quiet- ing of the commons, and for a perpetual and constant laia for ever after, both in this and oiler like cases, this act was made." These words are plain, without ary scruple, absolute, without any faving" 2d Coke's Inst. p. 532. 533. Little did the venerable judge imagine, that " other like cases" would happen, in which the spirit of this law would be despised by EnglislnxeK,\he posterity of those who made it. ( 177 > have been mentioned, and, among the rest, that of tax," had obtained a national, parliamentary meaning, drawn from the principles of the constitu- tion, long before any Englishman thought of impo- sition of duties, for the regulation of trade. WHENEVER we speak of " taxes" among Eng- lishmen, let us therefore speak of them with refer- ence to the principles on which, and the intentions with which they have been established. This will give certainty to our expression, and safety to our conduct : but if, when we have in view the liberty of these colonies, we proceed in any other course, we pursue a Juno* indeed, but shall only catch a cloud. IN the national, parliamentary sense insisted on, the word " taxf" was certainly understood by the congress at New -Tor k r whose resolves may be said to form the. American " bill of rights." The third, fourth, fifth, and sixth resolves are thus expressed. * The Goddess of empire, in the heathen mythology ; according to an anci- tient fable, Ixion pursued her, but she escaped in a cloud. f In this sense Montesquieu uses the word" tax," in his I3th book oltpiritof laius* VOL. I. Y ( '78 ) III. u THAT it is inseparably essential to the "freedom of a people and the undoubted right of " Englishmen, that NO TAXJ be imposed on them, " but with their own consent, given personally, or " by their representatives.'' IV. " THAT the people of the colonies are not, " and from their local circumstances,' cannot be, " represented in the house of commons in Great- " Britain." V. " THAT the only representatives of the peo- " pie of the colonies, are the persons chosen therein " by themselves; and that NO TAXES ever have ' been, or can be constitutionally imposed on them, " but by their respective legislatures." VI. " THAT all supplies to the crown, being free " gifts of the people, it is unreasonable, and in con- " sistent ivitb the principles and spirit of the Bri- " tish constitution, for the people of Great-Bri- " tain to grant to his majesty the property of the " colonies." HERE is no distinction made between internal \ The rough draught of the resolves of the congress at New-Tork are now ia my hands, and from some notes on that draught, and other particular reasons, I am satisfied, that the congress understood the word " tax" in the sense here contended for. ( '79 ) and external taxes. It is evident from the short reasoning thrown into these resolves, that every imposition " to grant to his majesty the property of " the colonies" was thought a "tax;" and that every such imposition, if laid any other way, than u with their consent, given personally, or by " their representatives," was not only " unreason- " able, and inconsistent with the principles and " spirit of the British constitution," but destruc- tive u to the freedom of a people." THIS language is clear and important. A " tax means an imposition to raise money. Such persons therefore as speak of internal and external " taxes" I pray may pardon me, if I object to that expression, as applied to the privileges and inte- rests of these colonies. There may be internal and external impositions, founded on different principles, and having different tendencies; every u tax" being an imposition, though every imposi- tion is not a " tax." But all taxes are founded on the same principle ; and have the same tendency. EXTERNAL impositions, for the regulation of our trade, do not u grant to his majesty the proper- " ty of the colonies" They only prevent the co- lonies acquiring property, in things not necessary, in a manner judged to be injurious to the welfare of the whole empire. But the last statute respecting us, " grants to his majesty the property of the " colonies ," by laying duties on the manufactures of Great-Britain which they must take, and which she settled them, on purpose that they should take. WHAT " tax*" can be more internal than this ? Here is money drawn, IK it bout their consent , from * It seems to be evident, that mr. Pitt, in his defence of America, eluring the debate concerning the repeal of the stamp-act, by " internal taxes," meant any duties " for the purpose of raising a revenue ;" and by " external taxes," meant duties imposed " for the regulation of trade." His expressions are these " If the gentleman does not understand the difference between internal and external taxes, I cannot help it ; but there is a plain distinction between taxes levied for the purposes of raising a re-venue, and duties imposedybr the regu- lation of trade, for the accommodation of the subject ; altho', in the consequen- ces, some revenue might incidentally arise from the latter." These words were in mr. Pitt's reply to mr. Grenvllle, who said he could cot understand the difference bet -veen external and internal taxes. In every other part of his speeches on that occasion, his words confirm this construction of his expressions. The following extracts will shew how positive and general were his assertions of our right. " It is my opinion that this kingdom has no right to lay a tax upon the co- lonies." " The Americans are the sons, not the bastards of England. 'Taxation is no part of the governing or legislative power." " The taxes are a voluntary gift and grant of the commons ahr.e* fn legislation the three estates of the realm are alike concerned, but the concurrence of the peers and the croivn to a tax, is only necessary to close with the form of a law. The gift and grant is of the eommons alone." " The distinction between legislation and taxation is essentially neces- tary to liberty." " The commons of America, represented in their several assem- blies, have ever been in possession of the exercise of this their constitutional right, of giving and granting their oiun money. They ivonltl have been SLAVES, ij tiny had net evjuyed it" " The idea of a virtual rcprescr.tuticn of Amtriia in a society who have constantly enjoyed a constituti- onal mode of raising all money among themselves. The payment of this tax they have no possible method of avoiding ; as they cannot do without the commodities on which it is laid, and they can- not manufacture these commodities themselves. Besides, if this unhappy country should be so lucky as to elude this act, by getting parchment enough, in the place of paper, or by reviving the ancient me- thod of writing on wax and bark, and by inventing something to serve instead of glass, her ingenuity would stand her in little stead ; for then the parlia- ment would have nothing to do but to prohibit such manufactures, or to lay a tax on hats and this house, is the most contemptible idea that ever catered into the head of nian. It does not deserve a serious refutation." He afterwards shews the unreasonableness of Great- Britain taxing America, thus " When I had the honour of serving his majesty, I availed myself of the means of information, which I derived from my office, 7 speak therefore from knowledge. My materials were good. I was at pains to collect, to digest, to consider them ; and 7 will be bold to affirm, that the profit to Great-Britain from the trade of the colonies, through all its branches, is two millions a year. TLis is the fund that carried you triumphantly through the last war. The estates that were rented at two thousand pounds a year, threescore years ago, ar e three thousand pounds at present. Those estates sold then from fifteen to eighteen years purchase ; the same may now be sold for thirty. You otvc this to America- This is the price that America pays you for her protection" " 1 dare not say how much higher these profits may be augmented ." " Upon the whole, t will beg leave to tell the house what is really my opinion ; it is, that the stamp-act be repealed absolutely, totally, and immediately. That the rea- son, for the repeal be assigned, because it was founded oa aa errenhus principle" woollen cloths, which they have already prohibited the colonies fro m supplying each other with ; or on instruments or tools of steel and iron^ which they 4 have prohibited the provincials from manufactur- ing at all*: and then, what little gold and silver they have, must be torn from their hands, or they will not be able, in a short time, to get an axf, for cutting their firewood, nor a plough, for raising their food. In what respect, therefore, I beg leave to ask, is the late act preferable to the stamp-act, or more consistent with the liberties of the colo- nies ? For my own part, I regard them both with equal apprehension ; and think they ought to be in the same manner opposed. Habemus quidem senatus consultum, tanquam gladium in vagina repositum. We have a statute, laid up for future use, like a sword in the scabbard. A FARMER. * " And that pig and bar iron, made in his majesty's colonies in America, may be further manufactured in this kingdom , be it further enailed by the autho- rity aforesaid, that from and after the twenty-fourth day of June, 1750, no mill, or other engine, for slitting or rolling of iron, or any plating forge, to work with a tilt hammer, or any furnace for making steel, shall be erected ; or, after such erection, continued in any of his majesty's colonies in America" 23d George II. chap. 29. sect. 9. f Tho' these particulars are mentioned as being absolutely necessary, yet perhaps they arc not more so than glass in our severe winters, to keep out the cold from our houses; or than paper, without which such inexpressible con- fusions must ensue. LETTER V. MY DEAR COUNTRYMEN, JL ERHAPS the objection to the late act, impos- ing duties upon paper, &c. might have been safely rested on the argument drawn from the universal conduct of parliaments and ministers, from the first existence of these colonies, to the administration of mr. Gr entitle. WHAT but the indisputable, the acknowledged exclusive right of the colonies to tax themselves, could be the reason, that in this long period of more than one hundred and fifty years, no statute was ever passed for the sole purpose of raising a revenue on the colonies ? And how clear, how co- gent must that reason be, to which every parlia- ment, and every minister, for so long a time sub- mitted, without a single attempt to innovate ? ENGLAND, in part of that course of years, and Great-Britain, in other parts, was engaged in seve- ral fierce and expensive wars ; troubled with some tumultuous and bold parliaments ; governed by many daring and wicked ministers ; yet none of them ever ventured to touch the palladium of Ame- TIC an liberty. Ambition, avarice, faction, tyranny, all revered it. Whenever it was necessary to raise money on the colonies, the requisitions of the crown were made, and dutifully complied with. The parliament, from time to time, regulated their trade, and that of the rest of the empire, to preserve their dependence, and the connection of the whole in good order. THE people of Great-Britain, in support of their privileges, boast much of their antiquity. It is true they are ancient ; yet it may well be question- ed, if there is a single privilege of a British sub- ject, supported by longer, more solemn, or more uninterrupted testimony, than the exclusive right of taxation in these colonies. The people of Great- Britain consider that kingdom as the sovereign of these colonies, and would now annex to that sove- reignty a prerogative never heard of before. How would they bear this, was the case their own ? What would they think of a new prerogative claim- ed by the crown ? We may guess what their con- duct would be, from the transports of passion into which they fell about the late embargo, though laid to relieve the most emergent necessities of state, admitting of no delay ; and for which there were numerous precedents. Let our liberties be treated with the same tenderness, and it is all we desire. EXPLICIT as the conduct of parliaments, for so many ages, is, to prove that no money can be levied on these colonies by parliament, for the purpose of raising a revenue, yet it is not the only evidence in our favour. EVERY one of the most material arguments against the legality of the stamp -act, operates with equal force against the act now objected to ; but as they are well known, it seems unnecessary to repeat them here. THIS general one only shall be considered at present ; that though these colonies are dependent on Great-Britain ; and though she has a legal power to make laws for preserving that depen- dence ; yet it is not necessary for this purpose, nor essential to the relation between a mother country and her colonies, as was eagerly contended by the advocates for the stamp-act, that she should raise money on them without their consent. COLONIES were formerly planted by warlike na- tions, to keep their enemies in awe ; to relieve their country, overburthened with inhabitants ; or to dis- charge a number of discontented and troublesome citizens. But in more modern ages, the spirit of violence being, in some measure, if the expression VOL. i. Z may be allowed, sheathed in commerce, colonies have been settled by the nations of Europe for the purposes of trade. These purposes were to be at- tained, by the colonies raising for their mother country those things which she did not produce herself; and by supplying themselves from her with things they wanted. These were the national ob- jects in the commencement of our colonies, and have been uniformly so in their promotion. To answer these grand purposes, perfect liberty was known to be necessary ; all history proving, that trade and freedom are nearly related to each other. By a due regard to this wise and just plan, the infant colonies, exposed in the unknown cli- mates and unexplored wildernesses of this new world, lived, grew, and flourished. THE parent country, with undeviating prudence and virtue, attentive to the first principles of colo- nization, drew to herself the benefits she might reasonably expect, and preserved to her children the blessings, on which those benefits were found- ed. She made laws, obliging her colonies to car- ry to her all those products which she wanted for her own use ; and all those raw materials which she chose herself to work up. Besides this restric- tion, she forbad them to procure manufactures from any other part of the globe, or even the pro- ducts of European countries, which alone could rival her, without being first brought to her. In short, by a variety of laws, she regulated their trade in such a manner as she thought most condu- cive to their mutual advantage, and her own wel- fare. A power was reserved to the crown of repeal- ing any laws that should be enacted ; the execu- tive authority of government \vas also lodged in the crown, and its representatives ; and an appeal was secured to the crown from all judgments in the administration of justice. FOR all these powers established by the mother country over the colonies ; for all these immense emoluments derived by her from them ; for all their difficulties and distresses in fixing themselves, what was the recompense made them ? A communicati- on of her rights in general, and particularly of that great one, the foundation of all the rest that their property, acquired with so much pain and hazard, should be disposed of by none but them- selves* or, to use the beautiful and emphatic language of the sacred scriptures, " that they should c ' sit every man under his vine, and under his fig- " tree, and none should make them * The power of taxing themselves, was the privilege of which the EngllJ* were, " -witL reason " particularly jealous. HUME'S Hist, of England. f Mic. iv. 4. ( 188 ) CAN any man of candour and knowledge deny, that these institutions form an affinity between Great-Britain and her colonies, that sufficiently secures their dependence upon her ? Or that for her to levy taxes upon them, is to reverse the nature of things ? Or that she can pursue such a measure, without reducing them to a state of vassalage ? IF any person cannot conceive the supremacy of Great-Britain to exist, without the power of laying taxes to levy money upon us, the history of the colo- nies, and of Great-Britain, since their settlement, will prove the contrary. He will there find the amaz- ing advantages arising to her from them the constant exercise of her supremacy and their filial submission to it, without a single rebellion, or even the thought of one, from their first emigration to this moment And all these things have hap- pened, without one instance of Great-Britain^ laying taxes to levy money upon them. How many British authors^, have demonstrated, that the present wealth, power and glory of their J It has been said in the house of commons, when complaints have been made of the decay of trade to any part of Europe, " that such things were not worth regard, as Great-Britain was possessed of colonies that could consume more of her manufactures than she was able to supply them with." " As the case now stands, we shall shew that the plantations are a spring of wealth to this nation, that they work for us, that their treasure centers all here , country, are founded upon these colonies ? As con- stantly as streams tend to the ocean, have they been pouring the fruits of all their labours into their mother's lap. Good heaven ! and shall a total ob- and that the laws have tied them fast enough to us ; so that it must he through our own fault and mismanagement, if they become independent of England." DAVENANT on tic plantation trade. ct It is hetter that the islands should be supplied from the northern colonies than from England ; for this reason, the provisions we might send to Barla- does, Jamaica , &c. would he unimproved product of the earth, as grain of all kinds, or such product where there is little got hy the improvement, as malt, salt, beef and pork ; indeed the exportation of salt fish thither would he more advantageous, but the goods which we send to the northern colonies, are such, whose improvement may be justly said, one with another, to be near four Jifths of the value of the whole commodity, as apparel, houshoid furniture, and many other things." Idem. " New-England is the trost prejudicial plantation to the kingdom of England; and yet, to do right to that most industrious English colony, I must confess, th.tt though we lose by their unlimited trade with other foreign plantations, yet we are very great gainers hy their direct trade to and from Old England. Our yearly exportations of English manufactures, malt and other goods, from hence thither, amounting, in my opinion, to ten times the value of what is im- ported from thence ; which calculation I do not make at random, hut upon mature consideration, and, peradventure, upon as much experience in this very trade, as any other person will pretend to ; and therefore, whenever reformation of our correspondency in trade with that people shall he thought on, it will, in my poor judgment, require great tenderness, and very serious circumspection" Sir Jo si A II CHILD'S discourse on trade. " Cur plantations spend mostly our English manufactures, and those of all sorts almost imaginable, in egregious quantities, and employ near tivo thirds of all tur English shipping ; so that v/c have more people in England, by reason of our plantations in America.'" Idem. livion of former tendernesses and blessings, be spread over the minds of a good and wise nation, by the sordid arts of intriguing- men, who, covering Sir JOSIAH CHILD says, in another part of his work, " that not more than fifty families are maintained in England by the refining of sugar." From whence, and from what Davenant says, it is plain, that the advantages here said to be derived from the plantations by England^ mult be meant chiefly of the continental colonies. " I shall sum up my whole remarks on our American colonies, with this observation, that as they are a certain annual revenue of several millions ster- ling to their mother country, they ought carefully to be protected, duly en- couraged, and every opportunity that presents, improved for their increment and advantage, as every one they can possibly reap, must at last return to us> with interest." BEAWES'S Lex. Merc. Red. " We may safely advance, that our trade and navigation are greatly increas- ed by our colonies, and that they really are a source of treasure and naval pow- er to this kingdom, since they ivork for us, and their treasure centers here. Before their settlement, our manufactures were few, and those but indifferent ; the number of English merchants were very small, and the whole shipping of the nation much inferior to what now belongs to the northern colonies only. These arc certain facts. But since their establishment, our condition has altered for the better, almost to a degree beyond credibility. Our manufactures arc prodigiously increased, chiefly by the demand for them in the plantations, where they at least take off one half, and supply us with many valuable commo- dities for exportation, which is as great an emolument to the mother kingdom, as to the plantations themselves.'' POSTLETHWAYT'S tuilv. diet, of trade and commerce. " Most of the nations of Europe have interfered with us, more or less, in riivers of our staple manufactures, within half a century, not only in our wcoi- Icn, but in our lead and tin manufactures, as well as our fisheries." POSTLETUWAYT, ibid. " The inhabitants of our colonies, by carrying on a trade with their foreign neighbour t ) do net only occasion a greater quan!i!y of Lls goods and merJ?anJ:z?> ',' their selfish projects under pretences of public good, first enrage their countrymen into a frenzy of passi- on and then advance their own influence and inte- Europe being sent fron: hence to tb:m, and a greater quantity of the product of America to be sent from them hither, tubich -would otherwise be carried from, end brought to Europe /;y foreigners, but an increase of the seamen and navigation in those parts, which is of great strength and security, as well as of great advant- age to our plantations in general. And though some of our colonies arc not only for preventing the importations of all goods of tie same species they produce but suf- fer particular planters to keep great runs of land in their possession uncultivated, with design to prevent new settlements, whereby they imagine the prices of their commodities may be affected ; yet if it be considered, that the markets of Great-Britain depend on the markets of ALL Europe in general, and that the European markets in general depend on the proportion between the annual con- sumption and the whole quantity of each species annually produced by ALL nations ; it must follow, that whether we or foreigners are the producers,carr/Vr.r, im- porters and exporters of American produce, yet their respective prices in each colony (the difference of freight, customs and importations considered) will al- ways bear proportion to the. general (omsumption of the tvbole quantity of each sort, produced in all colonies, and in all parts, allowing only for the usual contingencies that trade and commerce, agriculture and manufactures, are liable to in all coun- tries." POSTLETIIWAYT, ibid. " It is certain, that from the very time tlr Walter Raleigh, the father of our English colonies, and his associates, first projected these establishments, there have been persons who have found an interest, in misrepresenting, or lessening the value of them. The attempts were called chimerical and dangerous. Af- terwards many malignant suggestions were made about sacrificing so many Englishmen to the obstinate desire of settling colonies in countries which then produced very little advantage. But as these difficulties were gradually sur- mounted, those complaints vanished. No sooner were these lamentations over, but others arose in their stead ; when it could be no longer said, that the colo- nies were uteletf, it was alledged that they were not useful enough to their mo- ther country ; that while we were loaded with taxes, they were absolutely free ; that the planters lived like princes, while the inhabitants of England la- boured hard for a tolerable subsistence." POSTLETHWAYT, ibiJ. rest, by gratifying the passion, which they them- selves have basely excited. HITHERTO Great- Britain has been contented with her prosperity. Moderation has been the rule r " Before the settlement of these colonies," says Postlethivayt, " our manufac- tures were few, and these but indifferent. In those days we had not only our naval stores, but our ships from our neighbours. Germany furnished us with all things made of metal, even to nails. Wine, paper, linens, and a thousand other things came from Fiance, Portugal supplied us with sugar ; all the pro- ducts of America were poured into us from Spain ; and the Venetians and Geno- ese retailed to us the commodities of the East-Indies, at their own price. " If it be asked, whether foreigners, for what goods they take of us, do not pay on that consumption a great portion of our taxes ? It is admitted they do." POSTLETHWAYT'S Great-Britain's True System. " If we are afraid that one day or other the colonies will revolt, and set up for themselves, as some seem to apprehend, let us not drive them to a necessity to feel themselves independent of us ; as they will do, the moment they per- ceive that" they can be supplied ivith all things from within themselves" and do not need our assistance. If we would keep them still dependent upon their mother country, and, in some respects, subservient to her views and welfare ; let us make it their interest always to be so." TUCKER on Trade. *' Our colonies, while they have English blood in their veins, and have rela- tions in England, and "while they can get by trading 'with us, the stronger and great- er they grow, the more this croiun and kingdom will get by them ; and nothing but such an arbitrary power as shall make them desperate, can bring them to rebel." DAVENANT on the plantation trade. " The northern colonies are not upon the same footing as those of the south; and having a worse soil to improve, they must find the recompense & ome other way, which only can be in property and dominion : upon which score, any innovations in the form of government there, should be cautiously examined, for fear of entering upon measures, by which the industry of the inhabitants ( 193 ) of her conduct. But now, a generous humane peo- ple, that so often has protected the liberty of stran- gers, is inflamed into an attempt to tear a privilege from her own children, \vhich, if executed, must, in their opinion, sink them into slaves : and for Tae quite discouraged. 'Tis afavays unfortunate for a people, cither by l>r upon compulsion, to depart from their primitive instil nitons, and \lt9t fundamental* t by which they HTCTC^frjtf united together, ," Idem. x< The most effectual way of ur.iiir.g the colonies, is to make it their com- mon interest to oppose the designs and attempts of Great-Britain. " All wise states will well consider how to preserve the advantages arising From colonies, and avoid the evils. And I conceive that there can be but tvjo ways in nature to hinder them from throwing off their dependence ; one to keep it out of their poiuer, and the other, out of their ivill. The first must be by force; and the latter, by using them ive!l, and keeping them employed in such productions, and making such manufactures, as will support themselves and families comfortably, am! procure them wealth too, and at least nor prejudice their mother country. " Force can never be used effectually to answer the end, -without Jest raying tie tolonies themselves. Liberty and encouragement are necessary to carry people thither, and to keep them together when they are there ; and violence will hinder both. Any body of troops, considerable enough to awe them, and keep them in subjection, under the direction too of a needy governor, often sent thi- ther to make his fortune, and at such a distance from any application for re- dress, will soon put an end to all planting, and leave the country to the soldiers alone, and if it did not, ivould cat up all the profit of the colony. For this reason arbitrary countries have not been equally successful in planting colonies with free ones ; and what they have done in that kind, has either been by force, at a vast expence, or by departing from the nature of their government, and givir.g such privileges to planters as were denied to their oiler subjects. And I dare say, that a few prudent laws, and a little prudent conduct, would soon give us far the greatest share of the riches of all America, perhaps drive many of other nations out of it, or into our colonies for shelter. VOL. 1. 2 A ( '94 ) what ? For a pernicious power, not necessary to her, as her own experience may convince her ; but horribly dreadful and detestable to them. IT seems extremely probable, that when cool, dispassionate posterity, shall consider the affecti- onate intercourse, the reciprocal benefits, and the Unsuspecting confidence, that have subsisted be- tween these colonies and their parent country, for such a length of time, they will execrate, with the bitterest curses, the infamous memory of those men, whose pestilential ambition unnessarily, wan- tonly, cruelly, first opened the sources of civil dis- cord between them ; first turned their love into jealousy ; and first taught these provinces, filled v/ith grief and anxiety, to inquire Mens ub I matcrna est ? Where is maternal affection ? A FARMER. ** There are sot}; any exigencies in all states, so many foreign ivars^ and domestic disturbances, that these colonies can never ivant opportunities, if they watch for them, to do ivlat they slallfndtleir interest to do; and therefore we ought to take all the precautions in our power, that it shall never be their interest to act against that of their native country ; an evil which can no otherwise be averted, than by keeping them fully employed in such trades at ivill increase their own, as well as our wealth ; for it is much to be feared if we do not find employ- ment for them, they may find it for us ; the interest of the mother country, is always to keep them dependent, and so employed ; and it requires all her ad- dress to do it ; and it is certainly more easily and effectually done by gentle and insensible methods than by flower alone." , C ATO'S Lttfrrs. LETTER MY DEAR COUNTRYMEN, IT may perhaps be objected against the argu- ments that have been offered to the public, concern- ing the legal power of the parliament, ^ that it has " always exercised the power of imposing duties " for the purposes of raising a revenue on the pro- 4 > ductions of these colonies carried to Great-Brit- " aiu, which may be called a tax on them." To- this objection I answer, that this is no violation of the rights of the colonies, it being implied in the relation between them and Great-Britain, that they should not carry such commodities to other nati- ons, as should enable them to interfere with the mo- ther country. The imposition of duties on these commodities, when brought to her, is only a conse- quence of her parental right ; and if the point is thoroughly examined, the duties will be found to be laid on the people of the mother country. What- ever they are, they must proportionably raise the price of the goods, and consequently must be paid by the consumers. In this light they were consi- dered by the parliament in the 25th Charles II. chap. 7. sect. 2. which says, that the productions vf the plantations were carried from one to another- free from all customs, " while the subjects of this 44 your kingdom of England have paid great cus~ 44 toms and impositions for ipbat of them have " been spent here" &c. BESIDES, if Great-Britain exports these com- modities again, the duties will* injure her o\vn trade, so that she cannot hurt us, without plainly, and immediately hurting herself; and this is our check against her acting arbitrarily in this respect. * IT may be perhaps further objected, 44 that it " being granted that statutes made for regulating * If any one should observe that no opposition has been made to the legal- ity of the 4th George III. chap. 15. which is thcjirst act of parliament that ever imposed duties on the importations into America, for the expressed purpose of raising a revenue there; I answer First, that though the act expressly mentions the raising a revenue in America, yet it seems that it had as much in view the '* improving and securing the trade between the same and Great- Britain?' which words are part of its title : and the preamble says, " Where- as it is expedient that new provisions and regulations should be established for improving the revenue of this kingdom, and/cr extending and securing tie navi- gation and commerce between Great-Eritain and year mejetty't dominions in America, which by the peace have been so happily extended and enlarged," &c. Se- condly, all the duties mentiencd in that act, arc imposed solely on the productions und manufactures of foreign countries, and not a single duty laid on any producti- on or manufacture of our mother country. Thirdly, the authority of the provincial assemblies is not therein so plainly attaded as by the last act, which makes provision for defraying the charges of the " administration of justice,'' and the " support of civil government." Fourthly, that it being doubtful > whether the intention of the 4th Gearys III. chap. 15. was not as much to regu- Itlz trad:, as to raise a revenue, the minds of the people here were wholly ert- ( 197 ) " trade, are binding upon us, it will be difficult <; for any persons, but the makers of the laws, to u determine which of them are made for the regu- " lating of trade, and which for raising a revenue ; '*< and that from hence may arise confusion." To this I answer, that the objection is of no force in the present case, or such as resemble it ; because the act now in question, is formed expressly " for ^ the sole purpose of raising a revenue" HOWEVER, supposing the design of parliament had not been expressed, the objection seems to me of no weight, with regard to the influence which those who may make it, might expect it ought to have on the conduct of these colonies. IT is true, that Impositions for raising a revenue , may be hereafter called regulations of trade ; but names will not change the nature of things. In- grossed by the terror of the stamp-act ; then impending over them, about the in- tention of which there could be no doubt These reasons so far distinguish the 4th George III. chap. 15. from the last act, that it is not to be wondered at, that the first should have been submitted to, though the last should excite the most universal and spirited opposition. For this will be found, on the strictest examination, to be, in the principle on which it is founded, and in the consequences that must attend it, if possible, more destructive than the stamp-act. It is, to speak plainly, a prodigy in ur laws ; not having one British feature. ( J9S ) deed we ought firmly to believe, what is an un-, doubted truth, confirmed by the unhappy expe 7 rience of many states heretofore free, that unless the most watchful attention be exerted, a new servi- tude may be slipped upon us, under the sanction of usual and respectable terms. THUS the Cxsars ruined the Raman liberty, under the titles of tribunicial and dictatorial au- thorities old and venerable dignities known in the most flourishing times of freedom. In imitati- on of the same policy, James II. when he meant to establish popery, talked of liberty of conscience, the most sacred of all liberties ; and had thereby almost deceived the dissenters into destruction. ALL artful rulers who strive to extend their pow- er beyond its just limits, endeavour to give to their attempts as much semblance of legality as possible. Those who succeed them may venture to go a lit- tle further ; for each new encroachment will be strengthened by a former. " That which is now " supported by examples, growing old, will be-. " come an example itself,*" and thus support fresh usurpations. A TREE people therefore can never be too quick in observing, nor too firm in opposing the begin. * Tacitus. nings of alteration either in form or reality, re- specting institutions formed for their security. The first kind of alteration leads to the last ; yet, on the other hand, nothing is more certain, than that the forms of liberty may be retained, when the sub- stance is gone. In government, as well as in re- ligion, " the letter killeth, but the spirit giveth life." t I WILL beg leave to inforce this remark by a few instances. The crown, by the constitution, has the prerogative of creating peers. The exist- ence of that order, in due number and dignity, is essential to the constitution ; and if the crown did not exercise that prerogative, the peerage must have long since decreased so much as to have lost its proper influence. Suppose a prince, for some unjust purposes, should from time to time, advance so many needy, profligate wretches to that rank, that all the independence of the house of lords should be destroyed ? there would then be a mani- fest violation of the constitution, under the appear- ance of using legal prerogative. THE house of commons claims the privilege of forming all money bills, and will not suffer either of the other branches of the legislature to add to, l Cor. iii, 6 ( 200 ) br alter them ; contending that their power simply extends to an acceptance or rejection of them. This privilege appears to be just : but under pre- tence of this just privilege, the house of commons has claimed a license of tacking to money bills, clauses relating to things of a totally different kind, and thus forcing them in a manner on the king and lords. This seems to be an abuse of that privi- lege, and it may be vastly more abused. Suppose a future house, influenced by some displaced, dis- contented demagogues, in a time of danger, should tack to a money bill, something so injurious to the king and peers, that they would not assent to it, and yet the commons should obstinately insist on it ; the whole kingdom would be exposed to ruin by them, under the appearance of maintain- ing a valuable privilege. IN these cases it might be difficult for a while to determine, whether the king intended to exercise his prerogative in a constitutional manner or not ; or whether the commons insisted on their demand factiously, or for the public good : but surely the conduct of the crown, or of the house, would in time sufficiently explain itself. OUGHT not the people therefore to watch? to observe facts ? to search into causes ? to investi- gate designs ? And have they not a right of judg- ing from the evidence before them, on no slighter points than their liberty and happiness ? It would be less than trifling, wherever a British government is established, to make use of any arguments- to prove such a right. It is sufficient to remind the reader of the day, on the anniversary of which tho first of these letters is dated. . I w i L L now apply what has been said, to the pre- sent question, THE nature of any impositions laid by par- liament on these colonies, must determine the dc- sign in laying them. It may not be easy in every instance to discover that design. Wherever it is doubtful, I think submission cannot be dangerous : nay, it must be right ; for, in* my opinion, there is no privilege these colonies claim, which they ought in duty and prudence more earnestly to maintain and defend, than the authority of the British par- liament to regulate the trade of all her dominions * Without this authority, the benefits she enjoys from our commerce, must be lost to her : the bless- ings we enjoy from our dependence upon her, must be lost to us. Her strength must decay ; her glory vanish ; and she cannot suffer without our partaking in her misfortune. Let us therefore cherish her interests as our own, and give her eve- VOL. i. 2 B ry thing that h becomes freemen to give or to re- ceive. THE nature of any impositions she may lay upon us may, in general, be known, by considering how far they relate to the preserving, in due order, the connection between the several parts of the British empire. One thing we may be assured of, which is this ^whenever she imposes duties on commo- dities, to be paid only upon their exportation from Great-Britain to these colonies, it is not a regulati- on of trade, but a design to raise a revenue upon us. Other instances may happen, which it may not be necessary at present to dwell on. I hope these colonies will never, to their latest existence, want understanding sufficient to discover the inten- tions of those who rule over them, nor the resolution necessary for asserting their interests. They will always have the same rights, that all free states have, of judging when their privileges are invaded, and of using ail prudent measures for preserving them. ^uo circa v iv ite fortes^ Fortiaque adversis opponitc pectora rebus. Wherefore keep up your spirits, and gallantly oppose this adverse course of affairs. A FARMER, ( 203 ) LETTER taY DEAR COUNTRYMEN, 1 HIS letter is intended more particularly fcf such of you, whose employments in life may have prevented your attending to the consideration of some points that are of great and public import- ance : for many such persons there must be even in these colonies, where the inhabitants in general are more intelligent than any other people what- ever, as has been remarked by strangers, and it seems with reason* SOME of you, perhaps, filled, as I know your breasts are, with loyalty to our most excellent prince, and with love to our dear mother country, may feel yourselves inclined, by the affections of your hearts, to approve every action of those whom you so much venerate and esteem* A prejudice thus flowing from goodness of disposition, is amia- ble indeed, I wish it could be indulged without danger. Did I think this possible, the error should have been adopted, and not opposed by me. But in truth, all men are subject to the frailties of na- ture ; and therefore whatever regard we entertain fjr t!i2 persons oF those who govern us, we should ( 204 ) always remember that their conduct, as rulers^ may be influenced by human infirmities. WHEN any laws, injurious to these colonies, are passed, w r e cannot suppose, that any injury was intended us by his majesty, or the lords. For the assent of the crown and peers to law^s, seems, as far as I am able to judge, to have been vested in them, more for their own security, than for any other purpose. On the other hand, it is the particular business of the people, to inquire and discover what regulations are useful for themselves, and to digest and present them in the form of bills, to the other orders, to have them enacted into laws. Where these laws are to bind themselves, it may be expected, that the house of commons will very carefully consider them : but when they are mak- ing laws that are not designed to bind themselves , we cannot imagine that their deliberations will be cautious and scrupulous, as in their ow 7 n case. * Many remarkable instances might be produced of the extraordinary inac- tention with which bills of great importance, concerning these colonies, have passed in parliament ; which is owing, as it is supposed, to the bills being brought in by the persons who have points to carry, so artfully framed, that it is not easy for the members in general, in the haste of business, to discover their tendency. The following instances shew the truth of this remark. When mr. Gren- t/illej in the violence of reformation, formed the 4th of George III. chap. IJth. fcr regulating the American trade, the word " Ireland'" was dropt in the clause I AM told, that there is a wonderful address frc^- quently used in carrying points in the house of commons, by persons experienced in these affairs. That opportunities are watched and sometimes relating to our iron and him ber, so that we could send these articles to no part of Europe, but to Great-Britain. This was so unreasonable a restriction, and so contrary to the sentiments of the legislature for many years before, that it is surprising it should not have been taken notice of in. the house. However the bill passed into a law. But when the matter was explained, this restriction was taken off by a subsequent act. I cannot positively say how long after the taking off this restriction, as I have not the act, but I think, in less than eighteen months, another act of parliament passed, in which the word " Ireland" was left out, just as it had been before. The matter being a second time explained, was a second time regulated. Now if it be considered, that the omission mentioned struck off with ens word so very great a part of our trade, it must appear remarkable ; and equally so is the method, by which rice became an enumerated commodity. " The enumeration was obtained (says mr. [a~\ Gee} by one Colt, a captain of a ship, employed by a company then trading to Carolina : for several ships goinp from England thither, and purchasing rice for Portugal, prevented the nfor; said captain of a loading. Upon his coming home, ha possessed one mr. JLoivnJes, a member of parliament (ivho "was very frequently employed to prepare bills) with an opinion, that carrying rice directly to Portugal, was a prejudice to the trade of England, and privately got a clause into an act, to make it am enumerated commodity ; ly which means he secured a freight to himself. But the donsequence proved a vast loss to the nation." I find that this clause, "privately got into an zct" for the benefit of captain Cole t to the " vast loss of the nation" is foisted into the 3d and 4th Anne, chap, fth, intituled, " An act for granting to her majesty a further subsidy on wines and merchandizes imported," with which it has no more connection, than with 34th Edward I. the 34th and 35th of Henry VIII. and the ajth of Charles II. tcbifb prtvide, that no person shall it taxed but ly himself or hh representative. [] Gee on trade, page 33. ( 206 ) votes are passed, that if all the members had been present, would have been rejected by a great majo- rity. Certain it is, that when a powerful and artful man has determined on any measure against these colonies, he has always succeeded in his attempt. Perhaps therefore it will be proper for us, whenever any oppressive act affecting us is passed, to attri- bute it to the inattention of the members of the house of commons, and to the malevolence or am- bition of some factious great man, rather than to any other cause. Now I do verily believe, that the late act of j parliament, imposing duties on paper, fcfc. was formed by mr. Grermille, and his party, because it is evidently a part of that plan, by which he endea- voured to render himself popular at home ; and I do also believe, that not one half of the members of the house of commons, even of those who heard it read, did perceive how destructive it was to Ame- rican freedom. For this reason, as it is usual in Great- Britain, to consider the king's speech as the speech of the ministry, it may be right here to con- sider this act as the act of a party, perhaps I should speak more properly, if I was to use another term. THERE are two ways of laying taxes. One is, by imposing a certain sum on particular kinds of property, to be paid by the user or consumer, or by rating the person at a certain sum. The other is, by imposing a certain sum on particular kinds of property, to be paid by the seller. WHEN a man pays the first sort of tax, he knows with certainty that he pays so much money for a tax. The consideration for which he pays it, is remote, and, it may be, does not occur to him. He is sensible too, that he is commanded and oblig- ed to pay it as a tax ; and therefore people are apt to be displeased with this sort of tax. THE other sort of tax is submitted to in a very different manner. The purchaser of any article, very seldom reflects that the seller raises his price, so as to indemnify himself for the tax he has paid. He knows that the prices of things are continually fluctuating, and if he thinks about the tax, he thinks at the same time, that he might have paid as much, if the article he buys had not been taxed. He gets something visible and agreeable for his money ; and tax and price are so confounded toge- ther, that he cannot separate, or does not choose to take the trouble of separating them. THIS mode of taxation therefore is the mode suited to arbitrary and oppressive governments. The love of liberty is so natural to the human iieart, that unfeeling tyrants think themselves oblig- ( 203 ) ed to accommodate their schemes as much as they can to the appearance of justice and reason, and to deceive those whom they resolve to destroy, or op- press, by presenting to them a miserable picture of freedom, when the inestimable original is lost. THIS policy did not escape the cruel and rapacious Nero. That monster, apprehensive that his crimes might endanger his authority and life, thought pro- per to do some popular acts, to secure the obedi- ence of his subjects. Among other things, says. Tacitus, " he remitted the twenty-fifth part of the ** price on the sale of slaves, but rather in sbc-w " than reality ; for the seller being ordered to pay- " it, it became part of the price to the buyer."* THIS is the reflection of the judicious historian; but the deluded people gave their infamous emperor full credit for his false generosity. Other nations have been treated in the same manner the Romans were. The honest, industrious Germans, who are settled in different parts of this continent, can in- form us, that it was this sort of tax that drove them from their native land to our woods, at that time the seats of perfect and undisturbed freedom. TKEIR princes, inflamed by the lust of power, and the lust of avarice, two furies that the more * Taiituis Ann. book 13. sect. 31. ( 209 ) they are gorged, the more hungry they grow, trans- gressed the bounds they ought, in regard to them- selves, to have observed. To keep up the decep- tion in the minds of subjects, " there must be," says a very learned author,! " some proportion between the impost and the value of the commo- dity ; wherefore there ought not to be an excessive duty upon merchandizes of little value. There are countries in which the duty exceeds seventeen or eighteen times the value of the commodity. In this case the prince removes the illusion. His sub- jects plainly see they are dealt with in an unreason- able manner, which renders them most exquisitely sensible of their slavish situation." From hence it appears, that subjects may be ground down into misery by this sort of taxation, as well as by the former. They will be as much impoverished, if their money is taken from them in this way, as in the other ; and that it will be taken, may be more evident, by attending to a few more considerations, THE merchant or importer who pays the duty at first, will not consent to be so much money out of pocket. He therefore proportionably raises the price of his goods- It may then be said to be a contest between him and the person offering to buy, who shall lose the duty. This must be decided f Montesquieu's Spirit of Laws, book 13, chap. 8, VOL, i. 2 C by the nature of the commodities, and the purcha- ser's demand for them. If they are mere luxuries, he is at liberty to do as he pleases, and if he buys, he does it voluntarily : but if they are absolute ne~ cessaries, or con*Qcniencie$, which use and custom have made requisite for the comfort of life, and which he is not permitted, by the power imposing the duty, to get elsewhere, there the seller has a plain advantage, and the buyer must pay the duty. In fact, the seller is nothing less than a collector of the tax for the power that imposed it. If these du- ties then are extended to the necessaries and con- veniencies of life in general, and enormously in- creased, the people must at length become indeed " most exquisitely sensible of their slavish situati^ " on." Their happiness therefore entirely depends on the moderation of those who have authority to impose the duties, I SHALL now apply these observations to the late act of parliament. Certain duties are thereby im- posed on paper and glass, imported into these co- lonies. By the laws of Great-Britain we are pro- hibited to get these articles from any other part of the world. We cannot at present, nor for many years to come, though we should apply ourselves to these manufactures with the utmost industry, make enough ourselves for our own use. That paper and glass are not only convenient, but abso-. lately necessary for us, I imagine very few will contend. Some perhaps, who think mankind grew wicked and luxurious, as soon as they found out another way of communicating their sentiments than by speech, and another way of dwelling than in caves, may advance so whimsical an opinion. But I presume no body will take the unnecessary trou- ble of refuting them. FROM these remarks I think it evident, that we must use paper and glass ; that what we use, must be British ; and that we must pay the duties im- posed, unless those who sell these articles, are so generous as to make us presents of the duties they pay. SOME persons may think this act of no conse- quence, because the duties are so small. A fatal error. That is the very circumstance most alarm- ing to me. For I am convinced, that the authors of this law would never have obtained an act to raise so trifling a sum as it must do, had they not intended by it to establish a precedent for future use. To console ourselves with the smallness of the duties, is to walk deliberately into the snare that is set for us, praising the neatness of the work- manship. Suppose the duties imposed by the late act could be paid by these distressed colonies with the utmost ease, and that the purposes to which ( 212 ) they are to be applied, were the most reasonable and equitable that can be conceived, the contrary of which I hope to demonstrate before these letters are concluded ; yet even in such a supposed case, these colonies ought to regard the act with abhor- rence, for who are a free people ? Not those, over whom government is reasonably and equita- bly exercised, but those, who live under a govern- ment so constitutionally checked and confronted, that proper provision is made against its being otherwise exercised. THE late act is founded on the destruction of this constitutional security. If the parliament have a right to lay a duty of four shillings and eight-pence on a hundred weight of glass, or a ream of paper, they have a right to lay a duty of any other sum on either. They may raise the duty, as the author before quoted says has been done in some coun- tries, till it " exceeds seventeen or eighteen times " the value of the commodity." In short, if they have a right to levy a tax of one penny upon us, they have a right to levy a million upon us : for where does their right stop ? At any given number of pence, shillings or pounds ? To attempt to limit their right, after granting it to exist at all, is as contrary to reason as granting it to exist at all, is contrary to justice. If they have any right to tax us then, whether our own money shall continue in ( 213 ) our own pockets or not, depends no longer on z/s, but on them. " There is nothing which" we can call our own ; or, to use the words of mr. Locke 44 what property have we in that, which another 44 may, by right, take, when he pleases, to him- 4 - self?"* THESE duties, which will inevitably be levied upon us which are now levying upon us are expressly laid for the sole purpose of taking money. This is the true definition of 44 taxes." They are therefore taxes. This money is to be taken from us. We are therefore taxed. Those who are taxed without their own consent, express- ed by themselves or their representatives, are slaves. We are taxed without our own consent, expressed by ourselves or our representatives. We are therefore SLAVES, f Miserabile vulgus. A miserable tribe. A FARMER. * Lord Camdens speech. f " It is my opinion, that this kingdom has no right to lay a tax upon the Colonies." " The Americans are the sons, not the bastards of England" " The distinction between legislation and taxation is essentially necessary to liberty." " The commons of America, represented in their several assemblies, have ever been in possession of this their constitutional right, of giving and granting tbeir fitvn money. They would have been slaves, if they had not enjoyed it." " The ( 214 ) LETTER 71IL MY DEAR COUNTRYMEN, IN my opinion, a dangerous example is set in the last act relating to these colonies. The power of parliament to levy money upon us for raising a idea of a virtual representation of America in this house, is the most contempti- ble idea, that ever entered into the head of man. It does not deserve a seri- ous refutation." Mr. PITT'S speed on the stamp-act. That great and excellent man, lord Camden, maintains the same opinion^ His speech in the house of peers, on the declaratory bill of the sovereignty of Great-Britain over the colonies, has lately appeared in our papers. The fol- lowing extracts so perfectly agree with, and confirm the sentiments avowed in these letters, that it is hoped the inserting them in this note will be ex- cused. " As the affair is of the utmost importance, and in its consequences may in- volve the fate of kingdoms, I took the strictest review of my arguments ; I re- examined all my authorities ; fully determined, if I found myself mistaken, publicly to own my mistake, and give up my opinion : but my searches have more and more convinced rue, that the British parliament have " no rigbt to tax" the Americans ." " Nor is the doctrine new ; it is as old as the constitu- tion ; it grew up with it ; indeed it is its support." " Taxation and representa- tion are inseparably united. GOD hath joined them : no British parliament can separate them : to endeavour to do it, is to stab our vitals." " My position is this I repeat it I will maintain it to my last hour taxation and representation are inseparable this position is founded on the laws of nature ; it is more, it is itself an eternal laiu of nature ; for whatever is a man's own, is absolutely his own ; no man hath a right to take it from him without bit consent, either expressed by himself or representative ; whoever attempts to da C 215 ) a revenue, is therein avowed and exerted. Regard- ing the act upon this single principle, I must again repeat, and I think it my duty to repeat, that to me it appears to be unconstitutional. No man, who considers the conduct of the parli- ament since the repeal of the stamp-act, and the disposition of many people at home, can doubt, that the chief object of attention there, is, to use mr. Grenville's expression, "providing that the it f attempts an Injury ; ivhoever does it, commits a robbery ; lie throws doivn tie disttnc* tlon between liberty and slavery," " There is not a blade of grass, in the most obscure corner of the kingdom, which is not, which was not ever represented, since the constitution began : there is not a blade of grass, which, when taxed, was not taxed by the consent of the proprietor" " The forefathers of the American! did not leave their native country, and subject themselves to every danger and distress, to be reduced to a state of slavery. They did not give up their rights: they looked for protection, and not for chains, from their mother country. By her they expected to be defended in the possession of their property, and not to be deprived of it : for should the present power continue, tb^re is nothing which they can call their oivn ; or, to use the words of mr. Locke, " "what prspe rty have they in that, -which another may, by right, take, when he pleases, to himself?" It is impossible to read this speech, and mr. Pitt's, and not be charmed with the generous zeal for the rights of mankind that glows in every sentence. These great and good men, animated by the subject they speak upon, seem to rise above all the former glorious exertions of their abilities. A foreigner might be tempted to think they are Americans, asserting, with all the ardour of patriotism, and all the anxiety of apprehension, the cause of their native land and not Britons, striving to stop their mistaken countrymen from op- pressing others. Their reasoning is not only just it is, as mr. Hum says of the eloquence of Demosthenes, " vehement." It is disdain, anger, boldness, freedom, involved in a continual stream of argument. ( 2,6 ) dependence and obedience of the colonies be assert- ed and maintained." UNDER the influence of this notion, instantly on repealing the stamp-act, an act passed declaring the power of parliament to bind these colonies in all cases whatever. This however was only planting a barren tree, that cast a shade indeed over the co- lonies, but yielded no fruit. It being determined to inforce the authority on which the stamp- act was founded, the parliament having never renoun- ced the right, as mr. Pitt advised them to do; and it being thought proper to disguise that authority in such a manner, as not again to alarm the colonies; some little time was required to find a method by which both these points should be united. At last the ingenuity of mr. Grenville and his party ac- complished the matter, as it was thought, in u an " act for granting certain duties in the British co- " lonies and plantations in America, for allowing " drawbacks," &c. which is the title of the act laying duties on paper, &c. THE parliament having several times before im^ posed duties to be paid in America, it was expect- ed, no doubt, that the repetition of such a measure would be passed over, as an usual thing. But to have done this, without expressly "asserting and " maintaining" the power of parliament to take our money without our consent, and to apply it as they please, would not have been, in mr. Gren- vi/le's opinion, sufficiently declarative of its supre- macy, nor sufficiently depressive of American free- dom. THEREFORE it is, that in this memorable act we find it expressly " provided, " that money shall be levied upon us without our consent, for purposes, that render it, if possible, more dreadful than the stamp-act. THAT act, alarming as it was, declared, the mo- ney thereby to be raised, should be applied u to- " wards defraying the expences of defending, pro- *' tecting and securing the British colonies and " plantations in America :" And it is evident from the whole act, that by the word " British" were intended colonies and plantations settled by British people, and not generally, those subject to the British crown. That act therefore seemed to have something gentle and kind in its intention, and to aim only at our own welfare : but the act now objected to, imposes duties upon the British colonies, " to defray the expences of defending, protecting and securing his majesty's dominions in America. " VOL, 1. 2D ( 218 ) WHAT a change of words ! What an incom- putable addition to the expences intended by the stamp-act! " His Majesty's dominions" com- prehend not only the British colonies, but also the conquered provinces of Canada and Florida, and the British garrisons 0/ Nova- Scotia; for these do not deserve the name of colonies. WHAT justice is there in making us pay for 'tng t which flatters their prevailing passion. HUME'S Hist* of England. laid upon them, is taking off so much from Great- Britain. These assertions will be generally believed, and the people will be persuaded that they cannot be too angry with their colonies, as that anger will be profitable to themselves. IN truth, Great-Britain alone receives any be- nefit from Canada, Nova-Scotia, and Florida ; and therefore she alone ought to maintain them. The old maxim of the law is drawn from reason and justice, and never could be more properly applied, than in this case. %ui sentit commodum, sentire debet et onus. They who feel the benefit, ought to feel the burden. A FARMER. LETTER IX. MY DEAR COUNTRYMEN, HAVE made some observations on the purpo- ses for which money is to be levied upon us by the late act of parliament. I shall now offer to your consideration some further reflections on that sub- ject : and unless I am greatly mistaken, if these purposes are accomplished according to the ex- pressed intention of the act, they will be found ef- fectually to supercede that authority in our respect- ive assemblies, which is essential to liberty. The question is not " whether some branches shall be *' lopped off?" The axe is laid to the root of the tree ; and the whole body must infallibly per- ish, if we remain idle spectators of the work. No free people ever existed, or can ever exist, without keeping, to use a common, but strong ex- pression, " the purse strings," in their own hands. Where this is the case, they have a constitutional check upon the administration, which may thereby be brought into order without violence : but where such a power is not lodged in the people, oppress- ion proceeds uncontrouled in its career, till the go- ( 225 ) verned, transported into rage, seek redress iil the midst of blood and confusion. THE ingenious mr, Hume, speaking of the Anglo- Norman government, says " princes and minis* ters were too ignorant, to be themselves sensible of the advantage attending an equitable administra- tion, and there was no established council or as- sembly, which could protect the people, and by withdrawing supplies, regularly and peaceably ad- monish the king of his duty, and insure the execu- tion of the laws" THUS this great man, whose political reflecti- ons are so much admired, makes this power one of the foundations of liberty* THE English history abounds with instances, proving that this is the proper and successful way to obtain redress of grievances. How often have kings and ministers endeavoured to throw off this legal curb upon them, by attempting to raise money by a variety of inventions, under pretence of law, without having recourse to parliament ? And how often have they been brought to reason, and peace- ably obliged to do justice, by the exertion of this constitutional authority of the people, vested in their representatives ? VOL. i. 2 E ( 226 ) THE inhabitants of these colonies have, on num- berless occasions, reaped the benefit of this autho- rity lodged in their assemblies. IT has been for a long time, and now is, a con- stant instruction to all governors, to obtain a PER- MANENT support for the offices of government. But as the author of the administration of the colonies says, " this order of the crown is generally, if not universally, rejected by the legislatures of the colo- THEY perfectly know bow much their grievances ^vould be regarded, if they had no other method of engaging attention, than by complaining. Those "who rule, are extremely apt to think well of the constructions made by themselves in support of their own power, These are frequently erroneous, *and pernicious to those they govern. Dry remon- strances, to shew that such constructions are wrong and oppressive, carry very little weight with them, in the opinion of persons who gratify their own in- clinations in making these constructions. They CANNOT understand the reasoning that opposes their power and desires. But let it be made their interest to understand such reasoning and a wonderful light is instantly thrown upon the mat- ter ; and then, rejected remonstrance becomes as clear as " proofs of holy writ.*" * Shakespeare. ( 227 ) THE three most important articles that our as- semblies, or any legislatures can provide for, are> first the defence of the society ; secondly the administration of justice ; and thirdly -the support of civil government. NOTHING can properly regulate the expence of making provision for these occasions, but the neces- sities of the society ; its abilities ; the coiweniency of the modes of levying money in it ; the manner in which the laws have been executed ; and the con- duct of the officers of government : all which are circumstances, that cannot possibly be properly known, but by the society itself; or if they should be known, will not probably be properly considered but by that society. Ir money be raised upon us by others, without our consent, for our '' defence," those who are the judges in levying it, must also be the judges in ap- plying it. Of consequence the money sa id to be taken from us for our defence, may be employed to our injury. We may be chained in by a line of fortifications obliged to pay for the building and maintaining them and be told, that they are for our defence. With what face can we dispute the fact, after having granted that those who apply the money, had a right to levy it ? For surely, it is much easier for their wisdom to understand how to apply ( 223 ) it in the best manner, than how to levy it in the best manner. Besides, the right of levying is of infinitely more consequence, than that of applying. The people of England, who would burst out into fury, if the crown should attempt to levy money by its own authority, have always assigned to the crown the application of money. As to the " administration of justice" -the judges ought, in a well regulated state, to be equally independent of the executive and legislative powers. Thus in England, judges hold their commissions from the crown " during good behaviour ," and have salaries, suitable to their dignity, settled on them by parliament. The purity of the courts of law since this establishment, is a proof of the wis- dom with which it was made. BUT in these colonies, how fruitless has beeil every attempt to have the judges appointed " dur- " ' in S d behaviour ?" Yet whoever considers, the matter, will soon perceive, that such commissi- ons are beyond all comparison more necessary in these colonies, than they were in England. THE chief danger to the subject there, arose from the arbitrary designs of the crown ; but here, the time may come, when we may have to contend with the designs of the crown, and of a mighty. kingdom. What then must be our chance, when the laws of life and death are to be spoken by judges totally dependent on that crown, and that king- dom sent over perhaps from thence filled with British prejudices and backed by a STANDING army supported out of OUR OWN pockets, to " assert and maintain" OUR OWN " dependence *' and obedience." BUT supposing that through the extreme lenity that will prevail in th- government through all future ages, these colonies will never behold any thing like the campaign of chief justice Jeffreys, yet what innumerable acts of injustice may be com- mitted, and how fatally may the principles of liber- ty be sapped, by a succession of judges utterly in. dependent of the people ? Before such judges, the supple wretches, who cheerfully join in avowing sentiments inconsistent with freedom, will always tneet with smiles ; while the honest and brave men, who disdain to sacrifice their native land to their own advantage, but on every occasion boldly vindi- cate her cause, will constantly be regarded with frowns. THERE are two other considerations relating to this head, that deserve the most serious attention. Br the late act, the officers of the customs are .impowered to enter into any HOUSE, warehouse, shop, cellar, or other place, in the British colonies or plantations in America, to search for or seize prohibited or unaccustomed goods," &c. on " writs granted by the superior or supreme court of justice, having jurisdiction within such colony or plantation respectively." IF we only reflect, that the judges of these courts are to be during pleasure that they are to have " adequate provision'*' 1 made for them, which is to continue during their complaisant behaviour that they may be strangers to these colonies what an engine of oppression may this authority be in such hands ? I AM well aware that writs of this kind may be granted at home, under the seal of the court of ex- chequer : but I know also, that the greatest assert - ors of the rights of Englishmen have always strenu- ously contended, that such a power was dangerous to freedom, and expressly contrary to the common law, which ever regarded a man's house as his cas- tle, or a place of perfect security. IF such power was in the least degree danger- ous there, it must be utterly destructive to liberty here. For the people there have two securities against the undue exercise of this power by the crown, which are wanting with us, if the late act ( 231 ) takes place. In the first place, if any injustice is done there, the person injured may bring his action against the offender, and have it tried before inde- pendent judges, vt\vz are* no parties in committing the injury. Here he must be tried before depend- ent judges, being the men who granted the writ. To say, that the cause is to be tried by a jury, can never reconcile men who have any idea of free- dom, to such a power. For we know that sheriffs in almost every colony on this continent, are total- ly dependent on the crown ; and packing of juries has been frequently practised even in the capital of the British empire. Even if juries are well inclin- ed, we have too many instances of the influence of over-bearing unjust judges upon them. The brave and wise men who accomplished the revolu- tion, thought the independency of judges essential to freedom. THE other security which the people have at home, but which we shall want here, is this. IF this power is abused there, the parliament, the grand resource of the oppressed people, is rea- dy to afford relief. Redress of grievances must * The writs for searching houses in EngLnJ, are to be granted " under the seal of the court of exchequer," according to the statute and that seal is kept by the chancellor of the exchequer, ^tb Insi. page 104. ( 232 ) precede grants of money. But what regard can we expect to have paid to our assemblies, when they will not hold even the puny privilege of French parliaments that of registering, before they are put in execution, the edicts that take away our money. THE second consideration above hinted at, is this. There is a confusion in our laws that is quite un- known in Great-Britain. As this cannot be de- scribed in a more clear or exact manner, than has been done by the ingenious author of the history of New - Tor k i I beg leave to use his words. " The state of our laws opens a door to much controversy. The uncertainty with respect to them, renders pro- perty precarious, and greatly exposes us to the arbitrary decision of bad judges. The common law of England is generally received, together with such statutes as were enacted before we had a le- gislature of our own ; but our courts exercise a so- vereign authority, in determining what parts of the common and statute law ought to be extended : for it must be admitted, that the difference of circum- stances necessarily requires us, in some cases, to REJECT the determination of both. In many in- stances, they have also extended even acts of par- liament, passed since we had a distinct legislature, which is greatly adding to our confusion. The practice of our courts is no less uncertain than the ( 233 ) law. Some of the English rules are adopted others rejected. Two things therefore seem to be absolutely necessary for the public security. First, the passing an act for settling the extent of the English laws. Secondly, that the courts ordain a general set of rules for the regulation of the prac- tice.' 7 How easy it will be, under this " state of our laws, 7 ' for an artful judge, to act in the most arbi- trary manner, and yet cover his conduct under spe- cious pretences ; and how difficult it will be for the injured people to obtain relief, may be readily per- ceived. We may take a voyage of 3000 miles to complain ; and after the trouble and hazard we have undergone, we may be told, that the collection of the revenue, and maintenance of the prerogative, must not be discouraged and if the misbehavi- our is so gross as to admit of no justification, it may be said, that it was an error in judgment only, arising from the confusion of our laws, and the zeal of the king's servants to do their duty. IF the commissions of judges are during the plea- sure of the crown, yet if their salaries are during the pleasure of the people, there will be some check upon their conduct. Few men will consent to draw on themselves the hatred and contempt of VOL. i, 2 F those among whom they live, for the empty honour of being judges. It is the sordid love of gain, that tempts men to turn their backs on virtue, and pay their homage where they ought not. As to the third particular, "the support of civil tc government," few words will be sufficient. Every man of the least understanding must know, that the executive power may be exercised in a manner so disagreeable and harrassing to the peo- ple, that it is absolutely requisite, that they should be enabled by the gentlest method which human policy has yet been ingenious enough to invent, that is, by shutting their hands, to " ADMONISH" (as mr. Hume says) certain persons "of their du- ly." WHAT shall \ve now think when, upon looking into the late act, w^e find the assemblies of these provinces thereby stript of their authority on these -several heads ? The declared intention of the act is, "that a revenue should be raised in his majes- ty's DOMINIONS in America, for making a more certain and adequate provision for defraying the charge of the administration of justice, and the support of civil government in such provinces where it shall be found necessary, and towards fur- ther defraying the expences of defending, protect- ing and securing the SAID DOMINIONS. LET the reader pause here one moment and reflect whether the colony in which he lives, has not made such " certain and adequate provi- sion" for these purposes, as is by the colony judged suitable to its abilities, and all other circumstan- ces. Then let him reflect whether if this act takes place, money is not to be raised on that co- lony without its consent, to make " provision" for these purposes, which it does not jndgs to be suit- able to its abilities, and all other circumstances. Lastly, let him reflect whether the people of that country are not in a state-of the most abject slavery, whose property may be taken from them under the notion of right, when they have refused to give it. FOR my part, I think I have good reason for vin- dicating the honour of the assemblies on this con- tinent, by publicly asserting, that THEY have made as " certain and adequate provision" for the pur- poses above-mentioned, as they ought to have made, and that it should not be presumed, that they will not do it hereafter. Why then should these most important trusts be wrested out of their hands ? Why should they not now be permitted to enjoy that authority, which they have exercised from the first settlement of these colonies ? Why should they be scandalized by this innovation, when their respective provinces are now, and will be, for se- veral years, labouring under loads of debt, impos- ed on them for the very purpose now spoken of? Why should all the inhabitants of these colonies be, with the utmost indignity, treated as a herd of despicable stupid wretches, so utterly void of com- mon sense, that they will not even make " ade- quate provision" for the " administration of jus- tice, and the support of civil government" among them, or for their own " defence" though with- out such " provision," every people must inevit- ably be overwhelmed with anarchy and destruction? Is it possible to form an idea of a slavery more complete, more miserable, more disgraceful, than that of a people, where justice is administered, go- vernment exercised, and a standing army main- tained, at the ex pence of the people, and yet with- out the least dependence upon them ? If we can find no relief from this infamous situation, it will be fortunate for us, ifmr. Grcnvillc, setting his fertile fancy again at work, can, as by one exertion of it he has striptus of our property and liberty, by ano- ther deprive us of so much of our wider standing, that, unconscious of what we have been or are, and ungoaded by tormenting reflections, we may bow down our necks, with all the stupid serenity of ser- vitude, to any drudgery, which our lords and mas- ters shall please to command. WHEN the charges of the " administration of " justice," the " support of civil government," and the expences of " defending, protecting and 44 securing" us, are provided for, I should be glad to know, upon what occasions the crown will ever call our assemblies together. Some few of them may meet of their own accord, by virtue of their charters. But what will they have to do, when they are met ? To what shadows will they be re- duced ? The men, whose deliberations heretofore had an influence on every matter relating to the liberty and happiness of themselves and their con- stituents, and whose authority in domestic affairs at least, might well be compared to that of Roman senators, will now find their deliberations of no more consequence, that those of constables. They may perhaps be allowed to make laws/or the yoking of hogs, or poundi?ig of stray cattle. Their influence will hardly be permitted to extend so high, as the keeping roads in repair, as that business may more properly be executed by those who receive the public cash. ONE most memorable example in history is so applicable to the point now insisted on, that it will form a just conclusion of the observations that have been made. SPAIN was once free. Their cortes resembled our parliaments. No money could be raised on the subject, without their consent. One of their kings C 238 ) having received a grant from them to maintain & war against the Moors, desired, that if the sum which they had given, should not be sufficient, he might be allowed, for that emergency only, to raise more money without assembling the cortes. The request was violently opposed by the best and wis- est men in the assembly. It was, however, com- plied with by the votes of a majority ; and this sin- gle concession was a precedent for other concessi- ons of the like kind, until at last the crown obtain- ed a general power of raising money, in cases of necessity: From that period the cortes ceased to be useful, the people ceased to be free. Venlenti occurrite morbo. Oppose a disease at its beginning. A FARMER. 239 LETTER X. MY DEAR COUNTRYMEN, J/HE consequences, mentioned in the last let- ter, will not be the utmost limits of our misery and infamy, if the late act is acknowledged to be bind- ing upon us. We feel too sensibly, that any minis- terial measures* relating to these colonies, are soon carried suscessfully through the parliament. Certain prejudices operate there so strongly against us, that it may be justly questioned, whether all the provinces united, will ever be able effectually, to call to an account before the parliament, any mi- nister who shall abuse the power by the late act given to the crown in America. He may divide the spoils torn from us in what manner he plea- ses, and we shall have no way of making him re- sponsible. If he should order, that every governor shall have a yearly salary of 50001. sterling ; every * " The gentleman must not wonder he was not contradicted, when, as minister, he asserted the right of parliament to tax America. I know not ho\v it is, but there is a modesty in this house, ivbich does not choose to contradict a minls- itr. I wish gentlemen would get the better of this modesty. If they do not,p<'r- collective body may begin to alatt of its respect for tit represent.i!i"-jt." Mr. PITT'S -tperst* ' chief justice of 30001. every inferior officer in pro- portion ; and should then reward the most profli- gate, ignorant, or needy dependents on himself or his friends, with places of the greatest trust, be- cause they were of the greatest profit, this would be called an arrangement in consequence of the " adequate provision for defraying the charge of the administration of justice, and the support of the civil government :" and if the taxes should prove at any time insufficient to answer all the expences of the numberless offices, which ministers may please to create, surely the members of the house of commons will be so " modest" as not to "con- tradict a minister," who shall tell them it is become necessary to lay a new tax upon the colonies, for the laudable purposes of defraying the charges of the " administration of justice, and support of ci- vil government" among them. Thus, in fact, we shall be taxed-)- by ministers. In short, it will be in their power to settle upon us any civil, ecclesias- tical or military establishment which they choose. f " Within this act (statute de tallaglo non concedenJo} are all neiv offices erect- ed with neiv fees, or old offices with ne-iufccs, for that is a tallage put upon the subject, which cannot be dene without common assent by act of parliament. .And this doth notably appear by a petition in parliament in anno 13, Henry IV. where the commons complain, that an office was erected for measurage of cloths and canvas, with a new fee for the same, by colour of the king's letters patent, and pray that these letters patent may be revoked, for that the king- could erect no offices with new fees to be taken of the people, who may not so be charged but by parliament." id In>t. p. 553. WE may perceive, by the example of Ireland, how eager ministers are to seize upon any settled revenue, and apply it in supporting their own pow- er. Happy are the men, and bappy the people who grow wise by the misfortunes of others. Earnest- ly, my dear countrymen, do I beseech the Author of all good gifts, that you may grow wise in this manner ; and if I may be allowed to take such a liberty, I beg leave to recommend to you in gene- ral, as the best method of attaining this wisdom, diligently to study the histories of other countries. You will there find all the arts, that can possibly be practised by cunning rulers, or false patriots among yourselves, so fully delineated, that, changing names, the account would serve for your own times. IT is pretty well known on this continent, that Ireland l&s, with a regular consistency of injustice, been cruelly treated by ministers in the article of pensions ; but there are some alarming circumstan- ces relating to that subject, which I wish to have better known among us. |THE revenue of the crown there, arises princi- pally from the excise granted u for pay of the army, f An inquiry into the legality of pensions on the Irish eitablishment, by Alexander M'Attly, esq. one of the king's council, fc^V. VOL. 1. 2 G and defraying other PUBLIC charges, in defence and preservation of the kingdom" from the ton- nage and additional poundage granted ^ for protect- " ing the trade of the kingdom at sea, and aug- " meriting the PUBLIC revenue" from the hearth money granted as a " PUBLIC revenue, for PUBLIC charges and expences." There are some other branches of the revenue, concerning which there is not any express appropriation of them for PUBLIC service, but which were plainly so intended. Mr. A-PAuly concludes his piece in the following beautiful manner. " If any pensions have been obtained on that establishment, to serve the corrupt pur- poses of ambitious men. If his majesty's revenues of Ireland have been employed in pensions, to debauch his majesty's subjects of both kingdoms. If the treasure of Ireland has been expended in pensions, for corrupting men of that kingdom to betray their country ; and men of the neighbouring kingdom, to betray both. If Irish pensions have been procured, to support gamesters and gaming-houses , promoting a vice which threatens national ruin. If pensions have been purloined out of the national treasure of Ireland, under the mask of salaries annexed to pub- lic offices, useless to the nation ; newly invented for tht purpuses of 'corruption. If Ireland, just beginning to recover from the devastations of massacre and rebelli- on, be obstructed in the progress of her cure, by sivarms of pensionary vultures, freying on'her vital*. If, by squandering the national substance of Ireland, in a licentious, unbounded profusion of pensions, instead of employing it in nourishing and improving her infant agriculture, trade and manufactures, or in enlightening and reforming her poor, ignorant, deluded, miserable natives (by nature most amiable, most valuable, most worthy of public attention If, by such abuse of the national substance, sloth and nastincss, cold and hunger, nakedness and wretchedness, popery, depopulation and barbarism, still maintain their ground ; still deform a country, abounding ivith all the riches of nature, yet hitherto destined to beggary. If such pensions be found on the Irish establishment ; let such be cut off: and let the periidious advisers be branded withindelible'characters of public infamy ; ade- quate, if possible, to the dishonour of their crime." OF these branches of the revenue, the crown is only trustee for the public. They are unaliena- ble. They are inapplicable to any other purposes, but those for which they were established ; and therefore are not legally chargeable with pensions. THERE is another kind of revenue, which is a private revenue. This is not limited to any pub- lic uses ; but the crown has the same property in it, that any person has in his estate. This does not amount, at the most, to fifteen thousand pounds a year, probably not to seven, and is the only revenue, that can be legally charged with pensions, IF ministers were accustomed to regard the rights or happiness of the people, the pensions in Ireland would not exceed the sum just mentioned : but long since have they exceeded that limit ; and in December 1765> a motion was made in the house of commons in that kingdom, to address his ma- jesty on the great increase of pensions on the Irish establishment, amounting to the sum of 158,6851. in the last two years. ATTEMPTS have been made to gloss over these gross encroachments, by this specious argument " That expending a competent part of the public " revenue in pensions, from a principle of charity 44 or generosity, adds to the dignity of the crown ; ( 244 ) " and is therefore useful to the public" To give this argument any weight, it must appear, that the pensions proceed from " charity or generosity only" and that it " adds to the dignity of the crown," to act directly contrary to law. FROM this conduct towards Ireland, in open vio- lation of law, we may easily foresee what \ve may expect, when a minister will have the whole reve- nue of America in his own hands, to be disposed of at his own pleasure ; for all the monies raised by the late act are to be " applied by virtue of warrants " under the sign manuel, countersigned by the " high treasurer, or any three of the commisioners u of the treasury." The RESIDUE indeed is to be / " paid into the receipt of the exchequer, and to be " disposed of by parliament." So that a minister will have nothing to do, but to take care, that there shall be no residue, and he is superior to all coii- trouL BESIDES the burden Q pens ions in Ireland, which have enormously increased within these few years, almost all the offices in that poor kingdom, have been, since the commencement of the present cen- tury, and now are bestowed upon strangers. For though the merit of persons born there, justly raises them to places of high trust when they go abroad, as all Europe can witness, yet he is an uncommon- 245 ly lucky Irishman, who can get a good post in bis NATIVE country. WHEN I consider the mannerf in which that island has been uniformly depressed for so many J- In Charles the second's time, the house of commons, influenced by some factious demagogues, were resolved to prohibit the importation of Irish cattle into England. Among other arguments in favour of Ireland, it was insisted- " That by cutting off almost entirely the trade between the kingdoms, all tie natural bands of union 'were dissolved, and nothing remained to keep the Irish in their duty, but force and "violence." u The king says mr. Hume, in his history of England) was so convinced of the justness of these reasons, that he used all his interest to oppose the bill, and he openly declared, that he could not give his assent to it with a safe consci- ence. Eut the commons were resolute in their purpose." " And the spirit of tyranny, of which nations are as susceptible as individuals, had animated the En- glish extremely to exert their superiority over their dependent state. No affair could be conducted with greater violence than this by the commons. They even went so far in the preamble of the bill, as to declare the importation of Irish cattle to be a nuisance. By this expression, they gave scepe to their fastion, and at the same time barred the king's prerogative, by which he might think him- seif intitled to dispense with a law, so full of injustice and bad policy. The lords expunged the word, but as the king was sensible that no supply would be giv- en by the commons, unless they were gratified in all their prejudices, he was obliged both to employ his interest with the peers, to make the bill pass, and to give the royal assent to it. He could not, however, forbear expressing his displeasure, at the jealousy entertained against him, and at the intention which the commons discovered, of retrenching his prerogative. This law brought great distress for some time upon Ireland, but it has occa- sioned their applying with greater industry to manufactures, and has proved in the issue beneficial to that kingdom." Perhaps the same reason occasioned the " barring the king's prerogative" in the late act suspending the legislation of Nciv-Tork, ( 246 ) years past, with this pernicious particularity of their parliament* continuing as long as the crown pleases, I am astonished to observe such a lo^e of liberty still animating that loyal and generous na- tion, and nothing can raise higher my idea of the integrity and piiblic spirit\ of a people, who have This we may be assured of, that ive are as dear to his majetty, as the people of Great-Britain are. We are his subjects as well as they, and as faithful subjects ; and his majesty has given too many, too constant proofs of his piety and virtue, for any man to think it possible, that such a prince can make any unjust dis- tinction between such subjects. It makes no difference to his majesty, whether supplies are raised in Great-Britain, or America ; but it makes some difference to the commons of that kingdom. To speak plainly, as becomes an honest man on such important occasions, all our misfortunes are owing to a lust of foiuer in men of abilities and influence. This prompts them to seek popularity by expedients profitable to themselves, though ever so destructive to their country. " Such is the accursed nature of lawless ambition, and yet what heart but melts at the thought ! Such false, detestable patriots, in every state, have led their blind, confiding country, shouting their applauses, into the jaws of shame and ruin. May the wisdom and goodness of the people of Great-Britain, save them from the usual fate of nations. *' mentem mortalia tangunt" * The last Irish parliament continued thirty-three years, during all the late king's reign. The present parliament there has continued from the beginning of this reign, and probably will continue till this reign ends. f I am informed, that within these few years, a petition was presented to the house of commons, setting forth " that herrings were imported into Ire- land from some foreign parts of the north so cheap, as to discourage the British herring fishery, and therefore praying that some remedy might be applied in that behalf by parliament." preserved the sacred fire of freedom from being extinguished, though the altar on which it burnt, has been overturned. IN the same manner shall we unquestionably be treated, as soon as the late taxes laid upon us, shall make posts in the " government," and the " admi- u nistration of justice" here worth the attention of persons of influence in Great-Britain. We know enough already to satisfy us of this truth. But this will not be the worst part of our case. THE principals, in all great offices, will reside in England, making some paltry allowance to depu- ties for doing the business here. Let any man That upon this petition, the house came to a resolution, to impose a duty of two shillings sterling on every barrel of foreign herrings imported into Ireland ; but afterwards dropt the affair, for fear of engaging in a dispute with Ireland about lie ri So much higher was the opinion, which the house entertained of the spirit of Ireland, than of that of these colonies. I find, in the last English papers, that the resolution and firmness with which the people of Ireland have lately asserted their freedom, have been so alarming in Great-Britain, that the lerd lieutenant, in his speech on the aoth of last Oflober, " recommended to that parliament, that such provision may be made for securing the judges in the enjoyment of their offices and appointments, daring their good behaviour, as shall be thought most expedient." What an important concession is thus obtained, by making demands becom- ing freemen, with a courage and perseverance becoming freemen ! consider what an exhausting drain this must be upon us, when ministers are possessed of the pow- er of creating what posts they please, and of affix- ing to such posts what salaries they please, and he must be convinced how destructive the late act will be. The injured kingdom lately mentioned, can tell us the mischiefs of absentees ; and we may per- ceive already the same disposition taking place with us. The government of New -Tor k has been exercised by a deputy. That of Virginia is now held so ; and we know of a number of secretary- ships, collectorships, and other offices, htld in the same manner. TRUE it is, that if the people of Great-Britain were not too much blinded by the passions, that have been artfully excited in their breasts, against their dutiful children, the colonists, these conside- rations would be nearly as alarming to them as to us. The influence of the crown was thought by wise men, many years ago, too great, by reason of the multitude of pensions and places bestowed by it. These have been vastly increased since, f f One of the reasons urged by that great and honest statesman, sir William Temple, to Char'es the second, in his famous remonstrance, to dissuade him from aiming at arbitrary power, was, that the king " had few offices to be- stow." HUME'S History cf England. " Though the wings of prerogative have been dipt, the influence of the rrown is greater than ever it was in any period of our history. For \vhen we ( 249 ) and perhaps it would be no difficult matter to prove that the people have decreased. SURELY therefore, those who wish the welfare of their country, ought seriously to reflect, what may be the consequence of such a new creation of offices, in the disposal of the crown. The army, the administration of justice, and the civil govern- ment here, with such salaries as the crown shall please to annex, will extend ministerial influence as much beyond its former bounds, as the late war did the British dominions. consider in how many boroughs the government has the votes at command ; when we consider the vast body of persons employed in the collection of the revenue, in every part of the kingdom, the inconceivable number of placemen, and candidates for places in the customs, in the excise, in the post-office, in the dock -yards, in the ordnance, in the salt-office, in the stamps, in the navy and victualling offices, and in a variety of other departments ; when we consider again the extensive influence of the money corporations, subscription jobbers and contractors, the endless dependencies created by the obligations conferred on the bulk of the gentlemen's families throughout the kingdom, who have re- lations preferred in our navy and numerous standing army ; when I say, we consider how wide, how binding a dependence on the crown is created by the above enumerated particulars, and the great, the enormous weight and influ- ence which the crown derives from this extensive dependence upon its favour and power, any lord in waiting, any lord of the bedchamber, any man may be appointed minister." A doctrin to this effect is said to have been the advice of L H . VOL. i. 2 H BUT whatever the people of Great-Britain may- think on this occasion, I hope the people of these colonies will unanimously join in this sentiment, that the late act of parliament is injurious to their liberty, and that this sentiment will unite them in a firm opposition to it, in the same manner as the dread of the stamp-act did. SOME persons may imagine the sums to be raised by it, are but small, and therefore may be inclined to acquiesce under it. A conduct more dangerous to freedom, as before has been observed, can never be adopted. Nothing is wanted at home, but a precedent,-\ the force of which shall be established, by the tacit submission of the colonies. With what zeal was the statute erecting the post-office, and another relating to the recovery of debts in America, urged and tortured, as precedents in sup- port of the stamp-act, though wholly inapplicable. If the parliament succeeds in this attempt, other statutes will impose other duties. Instead of tax- f " Here may te observed, than when any ancient law or custom of parli- ament is broken, and the crown possessed of a. precedent, how difficult a thing it it to restore the subject again to bis former freedom and safety*" id Coke's Inst. page 529. " It is not almost credible to foresee , when any maxim or fundamental laiv of this realm is altered (as elsewhere hath been observed what dangerous i tiitncies do follow." $tb Cokes Inst. page 4!. ing ourselves, as we have been accustomed to do, from the first settlement of these provinces, all our usual taxes will be converted into parliamentary taxes on our importations ; and thus the parlia- ment will levy upon us such sums of money as they choose to take, without any other limitation than their pleasure. WE know how much labour and care have been bestowed by these colonies, in laying taxes in such a manner, that they should be most easy to the people, by being laid on the proper articles ; most equal, by being proportioned to every man's cir- cumstances ; and cheapest, by the method directed for collecting them. BUT parliamentary taxes will be laid on us, without any consideration, whether there is any easier mode. The oply point regarded will be, the certainty of levying the taxes, and not the conve- nience of the people on whom they are to be levied; and therefore all statutes on this head will be such as will be most likely, according to the favourite phrase, " to execute themselves*" TAXES in every free state have been, and ought to be, as exactly proportioned as is possible to the abilities of those who are to pay them. They can- not otherwise be just. Even a bottentot would comprehend the unreasonableness of making a poor man pay as much for " defending" the property of a rich man, as the rich man pays himself. LET any person look into the late act of parlia- ment, and he will immediately perceive, that the immense estates of lord Fairfax, lord Baltimore,* and our proprietaries, which are amongst his ma- jesty's other DOMINIONS to be "defended, pro- " tectecl and secured" by the act, will not pay a single farthing for the duties thereby imposed, ex- cept lord Fairfax wants some of his windows gla- zed ; lord Baltimore and our proprietaries are quite secure, as they live in England. I MENTION these particular cases, as striking instances how far the late act is a deviation from that principle of justice,' which has so constantly distinguished our own laws on this continent, and ought to be regarded in all laws. THE third consideration with our continental assemblies in laying taxes, has been the method of collecting them. This has been done by a few * Maryland and Pennsylvania have been engaged in the warmest disputes, in order to obtain an equal and just taxation of their proprietors estates : but this late act of parliament does more for those proprietors, than they them- selves would venture to demand^ It totally exempts them from taxation though their vast estates are to be " secured" by the taxes of other people. ( 253 officers, with moderate allowances, under the in- spection of the respective assemblies. No more was raised from the subject, than was used for the intended purposes. But by the late act, a minis- ter may appoint as many officers as be pleases for collecting 1 the taxes ; may assign them *wbat sal a- ries be thinks " adequate;" and they are subject to no inspection but his own. IN short, if the late act of parliament takes effect, these colonies must dwindle down into " common corporations," as their enemies, in the debates con- cerning the repeal of the stamp act, strenously in- sisted they were ; and it seems not improbable that some future historian may thus record our fall. " THE eighth year of this reign was distinguish- ed by a very memorable event, the American colo- nies then submitting, for the FIRST time, to be taxed by the British parliament. An attempt of this kind had been made about two years before, but was defeated by the vigorous exertions of the several provinces, in defence of their liberties. Their behaviour on that pccasion rendered their name very celebrated for a short time all over Eu- rope ; all states being extremely attentive to a dis- pute between Great-Britain, and so considerable a part of her dominions. For as she was thought to be grown too powerful, by the successful conclusion of the late war she had been engaged in, it was hoped, by many, that as it had happened before to other kingdoms, civil discords would afford oppor- tunities of revenging all the injuries supposed to be received from her. However, the cause of dissen- tion was removed, by a repeal of the statute that had given offence. This affair rendered the submissive conduct of the colonies so soon after, the more extraordinary ; there being no difference be- tween the mode of taxation which they opposed, and that to which they submitted, but this, that by the first, they were to be continually reminded that they 'were taxed by certain marks stamped on every piece of paper or parchment they used. The au- thors of that statute triumphed greatly on this con- duct of the colonies, and insisted, that if the peo- ple of Great-Britain had persisted in inforcing it, the Americans would have been, in a few months,, so fatigued with the efforts of patriotism, that they would have yielded obedience. " CERTAIN it is, that though they had before ct their eyes so many illustrious examples in their " mother country, of the constant suscess attending tc firmness and perseverance, in opposition to dan- " gerous encroachments on liberty, yet they quiet- " ly gave up a point of the " last importance.' 1 '" From thence the decline of their freedom began^ ( 255 ) and its decay was extremely rapid ; for as money was always raised upon them by the parliament, their assemblies grew immediately useless, and in a short time contemptible: and in less than one hundred years, the people sunk down into that lameness and supineness of spirit, by which they still continue to be distinguished." Et majores vestros & posteros cogitate. Think of your ancestors and your posterity. A FARMER. LETTER XL MY DEAR COUNTRYMEN, 1 HAVE several times, in the course of these let- ters, mentioned the late act of parliament, as being \h^ foundation of future measures injurious to these colonies ; and the belief of this truth I wish to pre- vail, because I think it necessary to our safety. A PERPETUAL jealousy, respecting liberty, is absolutely, requisite in all free states. The very texture of their constitution, in mixt governments, demands it. For the cautions with which power is distributed among the several orders, imply that each has that share which is proper for the general welfare, and therefore that any further acquisition must be pernicious. Machiavel* employs a whole chapter in his discourses, to prove that a state, to be long lived, must be frequently corrected, and reduced to its first principles. But of all states that have existed, there never was any, in which this jealousy could be more proper than in these colonies. For the government here is not only 772 ix t, but dependent, which circumstance occa- s discourses book 3 cbap* I- ( 257 ) sions a peculiarity in its form, of a very delicate nature. Two reasons induce me to desire, that this spi- rit of apprehension may be always kept up among us, in its utmost vigilance. The first is this that as the happiness of these provinces indubita- bly consists in their connection with Great- Britain, any separation between them is less likely to be occasioned by civil discords, if every disgusting measure is opposed singly, and while it is new : for in this manner of proceeding, every such mea- sure is most likely to be rectified. On the other hand, oppressions and dissatisfactions being permitted to accumulate if ever the governed throw off the load, they will do more. A people does not reform with moderation. The rights of the subject therefore cannot be too often consider- ed, explained or asserted : and whoever attempts to do this, shews himself, whatever may be the rash and peevish reflections of pretended wisdom, and pretended duty, a friend to those who injudi- ciously exercise their power, as well as to them, over whom it is so exercised. HAD all the points of prerogative claimed by Charles the first, been separately contested and set- tled in preceding reigns, his fate would in all pro- VOL. i. 21 bability have been very different ; and the people would have been content with that liberty which is compatible with regal authority. Butf he thought, it would be as dangerous for him to give up the powers which at any time had been by usurpation exercised by the crown, as those that were legally vested in it. This produced an equal excess on the part of the people. For when their passions were excited by multiplied grievances, they thought it would be as dangerous for them to allow the powers that were legally vested in the crown, as those which at any time had been by usurpation exercised by it. Acts, that might by themselves have been upon many considerations excused or extenuated, derived a contagious malignancy and odium from other acts, with which they were con- nected. They were not regarded according to the simple force of each, but as parts of a system of oppression. Every one therefore, however small in itself, became alarming, as an additional evidence of tyrannical designs. It was in vain for prudent and moderate men to insist, that there was no nc- f The author is sensible that this is putting the gentlest construction on Charleys conduct ; and that is one reason why he chooses it. Allowances ought to be made for the errors of those men, who are acknowledged to have been possessed of many virtues. The education of this unhappy prince, and his confidence in men not so good or wise as himself, had probably filled him with mistaken notions of his own authority, and of the consequences that would attend concessions of any kind to a people, who were represented to him, us aiming at too much power. 259 cessity to abolish royalty. Nothing less than the utter destruction of monarchy, could satisfy those who had suffered, and thought they had reason to believe, they always should suifer under it, THE consequences of these mutual distrusts are well known: but there is no other people mention- ed in history, that I recollect, who have been so constancy watchful of their liberty, and so successful in their struggles for it, as the English. This con- sideration leads me to the second reason, why I 14 desire that the spirit of apprehension may be 44 always kept up among us in its utmost vigi- 44 lance." THE first principles of government are to be looked for in human nature. Some of the best writers have asserted, and it seems with good rea- son, that 44 government is founded on % opinion ." * Opinion is of too kinds, Wn. opinion of INTEREST, and opinion of RIGHT. By opinion of interest, I chiefly understand, tie sense of the public advantage ii'Licb is reaped from government ; together with the persuasion, that the particular go- vernment which is established, is equally advantageous with any other, thai cou/J be easily settled. " Right is of two kinds, right to power, and riabt to property. What preva- lence opinion of the first kind has over mankind, may easily be understood, by observing the attachment which all nations have to their ancient government, and even to those names which have had the sanction of antiquity. Antiquity always begets the opinion of right." " It is sufficiently understood, that the ->/>;/;/- tn of rlglt to property, is of the greatest moment in all matters of govern- ment" KUME'S Etws. CUSTOM undoubtedly has a mighty force in pro- ducing opinion, and reigns in nothing more arbi- trarily than in public affairs. It gradually recon- ciles us to objects even of dread and detestation ; and I cannot but think these lines of mr. Pope, as applicable to vice in p-olitics, as to vice in ethics. " Vice is a monster of so horrid mien, " As to be hated, needs but to be seen ; " Yet seen too oft, familiar with her face, " We first endure, then /?z(y, then embrace." When an act injurious to freedom has been once done, and the people bear it, the repetition of it is most likely to meet with submission. For as the mischief Q$ the one was found to be tolerable, they will hope that of the second will prove so too ; and they will not regard the infamy of the last, because they are stained with that of the first. INDEED nations, in general, are not apt to think until they feet ; and therefore nations in general have lost their liberty : for as violations of the rights of the governed, are commonly not only J spe- cious, but small at the beginning, they spread over the multitude in such a manner, as to touch indivi- Omnia maJa exempla ex Lords initiis orta bunt. SALI.LST, Bell, Cat. S. 50, duals but slightly, f Thus they are disregarded- The power or profit that arises from these violati- ons centering in few persons, is to them consider- able. For this reason the governors having in view their particular purposes, successively preserve an uniformity of conduct for attaining them. They regularly increase the first injuries, till at length the inattentive people are compelled to perceive the heaviness of their burthens. They begin to complain and inquire but too late. They find their oppressors so strengthened by success, and themselves so entangled in examples of express authority on the part of their rulers, and of tacit recognition on their own part, that they are quite confounded : for millions entertain no other idea of the legality of power, than that it is founded on the exercise of power. They voluntarily fasten their chains, by adopting a pusillanimous opinion. f " The republic is always attached with greater vigour, than it is defended: for the audacious and profligate, prompted by their natural enmity to it, are ea- sily impelled to act by the least nod of their leaders : whereas the HONEST, I know not why, are generally slow and unwitting to stir ; and neglecting always the BE.GINNINGS of 'things , are never roused to exert themselves, but by the last necessity: so that through IRRESOLUTION and DELAY, when they would be glad to compound at last for their QJDIET, at the expence even of their HO- NOUR, they commonly lose ibem BOTH." CICERO'S Orat. for SEXTIUS. Such were the sentiments of this great and excellent man, whose vase abi- liries, and the calamities of his country during his time, enabled him, by mourn- ful experience, to form a jus>t judgment on the conduct of the friends and ene- tnics of liberty. ( 252 ) " that there will be too much danger in attempting " a remedy," or another opinion no less fatal, " that the government has a right to treat " them as it does." They then seek a wretched relief for their minds, by persuading themselves, that to yield their obedience, is to discharge their duty. The deplorable poverty of spirit, that pros- trates all the dignity bestowed by Divine Provi- dence on our nature of course succeeds. FROM these reflections I conclude, that every free state should incessantly watch, and instantly take alarm on any addition being made to the power exercised over them. Innumerable instances might be produced to shew, from what slight beginnings the most extensive consequences have flowed : but I shall select two only from the history of England. HENRY the seventh was tlie first monarch of that kingdom, who established a standing body of arm- ed men. This was a band of fifty archers, called yeomen of the guard : and this institution, not- withstanding the smallness of the number, was, to prevent discontent, J " disguised under pretence of " majesty and grandeur." In 1684 the standing forces were so much augmented, that Rapln says " The king, in order to make his people fully tl sensible of their new slavery, affected to muster \ RjpMs History of Er>!ur,J. *' his troops, which amounted to 4000 well armed " and disciplined men." 1 think our army, at this time, consists of more than seventy regiments. THE method of taxing by EXCISE was first in- troduced amidst the convulsions of the civil wars. Extreme necessity was pretended for it, and its short continuance promised. After the restoration, an excise upon beer, ale and other liquors, was granted to the f king, one half in fee, the other for life, as an equivalent for the court of wards. Upon James the second's accession, the parliament J gave him the first excise^ with an additional duty on 'wine, tobacco, and some other things. Since the revolution, it has been extended to salt, candles, leather, hides, hops, soap, paper, pasteboards, mill- boards, scaleboards, vellum, parchment, starch, silks, calicoes, linens, stuffs, printed, stained, %?c. wire, wrought plate, coffee, tea, chocolate, fcfc. THUS a standing army and excise have, from their first slender origins, though always hated, al- ways feared, always opposed, at length swelled up to their vast present bulk. THESE facts are sufficient to support what I have said. 'Tis true, that all the mischiefs apprehended f 12 Cbar. II. chap. 23 and 24. \ I James II. chap. I and 4. by our ancestors, from a standing army and excise, have not yet happened: but it does not follow from thence, that they will not happen. The inside of a house may catch fire, and the most valuable apart- ments be ruined, before the flames burst out. The question in these cases is not, what evil has actually attended particular measures but what evil, in the nature of things, is likely to attend them. Certain circumstances may for some time delay effects, that were reasonably expected, and that must ensue. There was a long period, after the Romans had prorogued his command to \ ^. Publilius Pbilo, before that example destroyed their liberty. All our kings, from the revolution to the present reign, have been foreigners. Their ministers generally continued but a short time in authority ; J and they themselves were mild and virtuous princes. f In the year of the city 428, " Duo singularia hsec ei vlro primum con- tigere ; prorogatio imperil non ante in ullo facta, et acto honore triumphus." Liv. n. 8. chap. 23. 26. " Had the rest of the Roman citizens imitated the example of L. Quttttius, who refused to have his consulship continued to him, they had never admitted that custom of proroguing of magistrates, and then the prolongation of their commands in the army had never been introduced, "which very thing was at length the ruin of that commonwealth." MACHIAVEL'S Discourses, B. 3. clap. 24. \ I don't know hut it may be s^iid, with a good deal of reason, that a quick rotation of ministers is very desirable in Great-Britain. A minister there bns A BOLD, ambitions prince, possessed of great abilities, firmly fixed in his throne by descent, served by ministers like himself, and rendered ei- ther venerable or terrible, by the glory of bis suc- cesses, may execute what his predecessors did not dare to attempt. Henry the fourth tottered in his seat during his whole reign. Henry the fifth drew the strength of that kingdom into France, to carry on his wars there, and left the commons at home, protesting, " that the people were not bound to serve out of the realm." IT is true, that a strong spirit of liberty subsists at present in Great-Britain; but what reliance is to be placed in the temper of a people, when the prince is possessed of an unconstitutional power, our own history can sufficiently inform us. When 'Charles the second had strengthened himself by the return of the garrison of Tangier, England (says RapinJ saw on a sudden an amazing revolution; saw herself stripped of all her rights and privi- leges, excepting such as the king should vouchsafe to grant her : and what is more astonishing, the English, themselves, delivered up these very rights and privileges to Charles the second, which they a vast store of materials to work with. Long at/ministrations are rather favour- able to the refutation of a people abroad, than to their libtrty, VOL. i. 2 K had so passionately, and, if I may say it, furiously defended against the designs of Charles the first." This happened only thirty-six years after this last prince had been beheaded. SOME persons are of opinion, that liberty is not violated, but by such open acts of force ; but they seem to be greatly mistaken. I could mention a period within these forty years, when almost as great a change of disposition was produced by the secret measures of a LONG administration, as by Charleses violence. Liberty, perhaps, is never ex- posed to so much danger, as when the people be- lieve there is the least ; for it may be subverted, and yet they not think so* PUBLIC disgusting acts are seldom practised by the ambitious, at the beginning of their designs. Such conduct silences and discourages the weak, and the wicked, who would otherwise have been their advocates or accomplices. It is of great con- sequence^ to allow those who, upon any account, are inclined to favour them, something specious to say in their defence. Their power may be fully established, though it would not be safe for them to do whatever they please. For there are things, which, at some times, even slaves will not bear. Juli us . Caesar , and Oliver Cromwell, did not dare to assume the title of King. The Grand Seignor dares not lay a new tax. The king of France dares not be a protestant. Certain popular points may be left untouched, and yet freedom be extin- guished. The commonalty of Venice imagine themselves free, because they are permitted to do what they ought not. But I quit a subject that would lead me too far from my purpose. BY the late act of parliament, taxes are to be levied upon us, for " defraying the charge of the 44 administration of justice the support of civil *' government and the expences of defending 64 his majesty's dominions in America." IF any man doubts what ought to be the conduct of these colonies on this occasion, I would ask him -these questions. HAS not the parliament expressly, avowed ikeir intention of raising money from us/ that 41 the drawbacks are gifts to the colonies, and that u the late act only lessens those gifts." But the truth is, that the drawbacks are intended for the incouragement and promotion of British manufac- tures and commerce, and are allowed on exportati- on to any foreign parts, as well as on exportation ,to these provinces. Besides, care has been taken to slide into the act, some articles on which there are no drawbacks. However, the whole duties laid by the late act on all the articles therein specified are so small, that they will not amount to as much as the drawbacks which are allowed on part of them only. If therefore, the sum to be obtained by the late act, had been the sole object in forming it, there would not have been any occasion for " the commons of Great-Britain, to give and grant to his majesty rates and duties for raising a revenue IN bis majesty' f s dominions in America, for making a more certain and adequate provision for defraying the charges of the administration of justice, the support of civil government, and the expence of defending the said dominions;" nor would there have been any occasion for an f expensive board of commissioners, and all the other new charges to. which we are made liable. UPON the whole, for my part, I regard the late act as an experiment made of our ^disposition. It is a bird sent out over the waters, to discover, whe- ther the waves, that lately agitated this part of the world with such violence, are yet subsided. If this adventurer gets footing here, we shall quickly find it to be of the t kind described by the poet. " Infclix vates" A direful foreteller of future calamities, A FARMER. f The expence of this board, I am informed, is between four and five thou-. sand pounds sterling a year. The establishment of officers, for collecting the revenue in America, amounted before to seven thousand six hundred poundj per annum ; and yet, says the author of " the regulation of the colonies," " the whole remittence from all the taxes in the colonies, at an average of thirty years, has not amounted to one thousand nine hundred pounds a year, and in that sum seven or eight hundred pounds per annum only, have been remittee^, from North- America. The smallness of the revenue arising from the duties in America, demon- strates that they were intended only as regulations of trade : and can any person be so blind to truth, so dull of apprehension in a matter of unspeakable impori- ance to his country, as to imagine, that the board of commissioners lately established at such a charge, is instituted to assist in collecting one thousand nine hundred pounds a year, or the trifling duties imposed by the late act ? Surely every man on this continent must perceive, that they are established for the care of a neiv system of revenue, which is but now begun. \ Dira catene," &c. Virgil, Mndd 3. LETTER XII. MY DEAR COUNTRYMEN, SOME states have lost their liberty, by parti- cular accidents : but this calamity is generally ow- ing to the decay of virtue. A people is travelling fast to destruction, when individuals consider their interests as distinct from those of the public. Such notions are fatal to their country, and to themselves. Yet how many are there, so 'weak and sordid as to think they perform all the offices of life, if they earnestly endeavour to increase their own toeaitb, pQiver, and credit, without the least regard for the society, under the protection of which they live ; who if they can make an immediate profit to them- sefocs, by lending their assistance to those, whose projects plainly tend to the injury of their country, rejoice in their dexterity, and believe themselves intitled to the character of able politicians. Mise- rable men ! Of whom it is hard to say, whether they ought to be most the objects of pity or con- tempt. But whose opinions are certainly as detest- able, as their practices are destructive. ^^IB THOUGH I always reflect, with a high pleasure, on the integrity and understanding of my country- ( 272 ) men, which, joined with a pure and humble devo- tion to the great and gracious Author of every bless- ing they enjoy, will, I hope, insure to them, and their posterity, all temporal and eternal happiness ; yet when I consider, that in every age and country there have been bad men, my heart, at this threat- ening period, is so full of apprehension, as not to permit me to believe, but that there may be some on this continent, against whom you ought to be upon your guard men, who eitherf hold, or expect to hold certain advantages, by setting exam- f Tr is not intended, by thesr words, to throw any reflection upon gentle- men because they are possessed of offices : for many of them are certainly men of virtue, and lovers of their country. But supposed obligations of gratitude* and honour, may induce them to be silent. Whether these obligations ought to ie regarded or not, is not so much to be considered by otheis, in the judgment they form of these gentlemen, as whether they think they ought to be regarded. Perhaps, therefore, we shall act in the properest manner towards them, if we neither reproach nor imitate them. The persons meant in this letter, are the tase spirited wretches , who may endeavour to distinguish themselves, by their sordid xeal in defending and promoting measures, which they Inoiv, beyond all question, to be destructive to the just rights and true interests of their country. It is scarce- ly possible to speak of these men with any degree &[ patience it is scarcely possi- ble to speak of them with any degree of propriety -for no words can truly describe their guilt and meanness but every honest bosom, on their being men- tioned, \\i\\feel what cannot be expressed. If their wickedness did not blind them, they might perceive along the coast of these colonies, many men, remarkable instances of wrecked ambition, who, distinguishing themselves in the support of the stamp-act y by a courageous mpt of their country, and of justice, have been left to linger out their "able existence, vathout a government, col lectorship, secretaryship, or any $5|iT commission, to console them as ivell as it could, for loss of virtue and re- ^Btion while numberless offices have been bestowed in these colonies on ( 273 ) pies, of servility to their countrymen men, who trained to the employment, or self taught by a na- tural versatility of genius, serve as decoys for draw- ing the innocent aftd unwary into snares. It is not to be doubted, Jaut that such men will diligently bestir themselves on this and every like occasion, to spread the infection of their meanness as far as they can. On the plans they have adopted, this is their course. This is the method to recom- mend themselves to their patrons. people from Great-Britain, and new ones are continually invented, to foe thus bestowed. As a fciv great prizes are put into a lottery to tempt multitudes to lose, so here -a^di there an American has been raised to a good post. " Apparent rari nantes in giirgite vasto." Mr. Grcnvillt'j indeed, in order to recommend the stamp-act, had the unequalled generosity, to pour down a golden shower of offices upon Americans ; and yet these ungrateful colonies did not thank mr. Grewoille for shewing his kindness to their countrymen, nor them for accepting it. How must that great statesman have been surprised, to find, that the unpolished colonies could not be recon- ciled to infamy by treachery? Such a bountiful disposition towards us, never ap- peared in any minister before him, and probably never will appear again : for it is evident, that such a system of policy is to be established on this continent, as, in a short time, is to render it utterly unnecessary to use the least art in order to conciliate, our approbation of any measures. Some of our countrymen may be employed to fix chains upon us, but they will never be permitted to /joIJthcm afterwards. So that the utmost, that any of them can expect, is only a temporary provision, that may expire in their own time ; but which, they may be assured, will preclude their children from having any consideration paid to them. Natives of America must sink into total neglect and contempt, the mo- ment that their country loses the constitutional powers she now possesses. VOL. i. 2 L FROM them \ve shall learn, how pleasant and profitable a thing; it is, to be for our SUBMISSIVE behaviour IDC!! spoken of at St. James's, or St. Stephen^ ; at Guildhall, or the Royal Exchange. Specious fallacies will be drest up with all the arts of delusion, to persuade one colony to distinguish herself from another, by unbecoming condescensi- ons, which will serve the ambitious purposes of great men at home, and therefore will be thought by them to intitle their assistants in obtaining them to considerable rewards. OUR fears will be excited. Our hopes will be awakened. It will be insinuated to us, with a plausible affectation of "wisdom and concern, how prudent it is to please the powerful how danger- ous to provoke them and then comes in the per- petual incantation that freezes up every generous purpose of the soul in cold, inactive expectation " that if there is any request to be made, compli- ance will obtain a favourable attention." OUR vigilance and our union, are success and safety. Our negligence and our division^ are dis- tress and death. They are worse they are shame and slavery. Let us equally shun the be- numbing stillness of overweening sloth, and the feverish activity of that ill informed zeal, which busies itself in maintaining little, mean and narrow 275 opinions. Let us, with a truly wise generosity and charity, banish and discourage all illiberal distinctions, which may arise from differences in situation, forms of government, or modes of reli- gion. Let us consider ourselves as men freemen Christian freemen separated from the rest of the world, and firmly bound together by the same rights, interests, and dangers. Let these keep our attention inflexibly fixed on the great objects, which we must contiually regard, in order to preserve those rights, to promote those interests, and to avert those dangers. LET these truths be indelibly impressed on our minds that we cannot be HAPPY, without being FREE that we cannot be free, without being secure in our property that we cannot be secure in our property, if without our consent, others may, as by right,, take it away that taxes imposed on Jis by parliament, do thus take it away that duties laid for the sole purpose of raising money, are taxes that attempts to lay such duties should be instantly and firmly opposed that this opposition can never be effectual, unless it is the united effort of these provinces that therefore BENEVOLENCE of tem- per towards each other,, and UNANIMITY of coun- sels, are essential to the welfare of the whole and lastly, that for this reason, every man amongst us, who in any manner would incourage either dissention, diffidence, or indifference, between these colonies, is an enemy to himself, and to bis coun- try. THE belief of these truths, I verily think, my countrymen, is indispensibly necessary to your happiness. 1 beseech you, therefore, f " teach them diligently unto your children, and talk of them when you sit in your houses, and when you walk by the way, and when you lie down, and when you rise up.'* WHAT have these colonies to ask, while they continue free ? Or what have they to dread, but insidious attempts to subvert their freedom ? Their prosperity does not depend on ministerial favours doled out to particular provinces. They form one political body, of which each colony is a member. Their happiness is founded on their constitution, and is to be promoted, by preserving that constitu- tion in unabated vigour, throughout e^ery part. A spot, a speck of decay, however small the limb on which it appears, and however remote it may seem from the vitals, should be alarming. We have all the rights requisite for our prosperity. The legal authority of Great-Britain may indeed lay hard restrictions upon us ; but, like the spear of Telepbus, it will care as well as wound. Her f Deuteron. vi. 7. ( 277 ) unkindness will instruct and compel us, after some time, to discover, in our Industry and frugality, surprising remedies if our rights continue unviola- tcd : for as long as the products of our labour, and the rewards of our care, can properly be called our own, so long it will be worth our while to be industrious and frugal. But if when we plow sow reap gather and thresh we find, that we plow sow reap gather and thresh / but to call forth into use the good sense and spirit of which you are possessed. You have nothing to do, but to conduct your affairs peace 'ably, prudently, firmly , jointly* By these means you will support the cha- racter of freemen, without losing that of faithful subjects a good character in any government one of the best under a British government. You will prove, that Americans have that true magnanimity of soul that can resent injuries, with- out falling into rage ; and that though your devo- tion to Great-Britain is the most affectionate, vet you can make proper distinctions, and know what you owe to yourselves, as well as to her you will, at the same time that you advance your inter estSj advance your reputation you will convince the world of the justice of your demands and the purity of your intentions. While all mankind must, with unceasing applauses, confess, that you indeed de- serve liberty, who so well understand it, so passion- ately love it, so temperately enjoy it, and so wisely ', bravely, and virtuously assert, maintain, and de- fend it. " Certe ego liber tat cm, qua mibi a parente meo " traditaest, experiar: vcrum id frustra an ob " rem faclam, in vestra manu situm est, quiri- " tcs." FOR my part, I am resolved to contend for the liberty delivered down to me by my ancestors; but whether I shall do it effectually or not, de- pends on you, my countrymen. " How little soever one is able to write, yet " when the liberties of one's country are threat- 4C ened, it is still more difficult to be silent." A FARMER. Is there not the strongest probability, that if the universal sense of these colonies is immediately expressed by resolves of the assemblies, in support of their rights, by instructions to their agents on the subject, and by petitions to the crown and par- liament for redress, these measures will have the same success now 7 , that they had in the time of the stamp-act D. THE END OF THE FARMER'S LETTER? A N ESSAY ON THE CONSTITUTIONAL POWER OF GREAT- BRITAIN OVER THE COLONIES IN AMERICA ; WITH THE RESOLVES OF THE COMMITTEE FOR THE PROVINCE OF PENNSYLVANIA, AND THEIR INSTRUCTIONS TO THEIR REPRESENTATIVES IN ASSEMBLY. PRINTED AT PHILADELPHIA, IN THE YEAR I774 / EXTRACT FROM THE MINUTES OF THE COMMITTEE, SATL7RDAT, JULY 16, [1774.] 1 HE committee for the [province of Pennsyl- vania'] met according to adjournment. JOHN DICKINSON, Doctor WILLIAM SMITH, JOSEPH READ, JOHN KIDD, ELISH A PRICE, WIL- LIAM ATLEE, JAMES SMITH, JAMES WILSON, DANIEL BROADHEAD, JOHN OKELY, and WIL- LIAM SCULL, are appointed to prepare and bring in a draught of instructions. s88 Monday, July 18. * The committee appointed to bring in instructions, reported, that they had made a draught, which they laid upon the table. Moved, That they be read - which was done. Tuesday, July 19. Upon a motion made and seconded, agreed that the draught of instructions brought in by the committee, and which were read, be re -committed to the same committee. Wednesday, July 20. The committee having brought in a draught of instructions, the same were debated, amended and agreed to. Thursday, July 21. The instructions were sign- ed by the chairman. -- The committee in a bod}*, waited on the assembly then sitting, and present- ed the same. IT having been moved, that the essay of the in- structions first proposed to be given to the honour- * The committees of the counties having been invited, by the committee for the city and county of Pb'iladdpbla^ to meet them at Pblladelpbia on the Jjthof July ; this committee thought it their duty, to make some preparation in the business, that was to be laid before the provincial committee by them. On the 4th of July they appointed a committee for this purpose ; and this measure enabled these appointed by the provincial committee to bring in a draught so soon. able assembly of Pennsylvania, by the provincial committee assembled at Philadelphia, the 18th in- stant, might be abridged, leaving out the argument- ative part, so as to be more proper for instructi- ons, the same was agreed to ; but resolved at the same time, that the whole work ought to be pub- lished, as highly deserving the perusal and serious consideration of every friend of liberty within these colonies. Agreed unanimously, That the thanks J of this committee be given from the chair to JOHN DICK- \ Mr. Dickinson being absent this day, on account of the funeral of a relati- on, the next day the chairman, in a very obliging manner, delivered to him from the chair the thanks of the committee ; to which he replied : '* Mr. CHAIRMAN, " I heartily thank this respectable assembly for the honour they have confer- red upon me, but want words to express the sense I feel of their kindness. The mere accidents of meeting with particular books, and conversing with particular men, led me into the train of sentiments, which the committee are pleased to think just ; and others, with the like opportunities of information, would much better have deserved to receive the thanks, they now generously give. I consider the approbation of this company as an evidence, that they en- tertain a favourable opinion of my good intentions, and as an incouragement for all to apply themselves, in these unhappy times, to the service of the pub- lic, since even small endeavours to promote that service, can find a very valu- able reward. I will try, during the remainder of my life, to remember my duty to our common country, and, if it be possible, to render myself worthy of the honour for which I now stand so deeply indebted. " I thank you, sir, for the polite and affectionate manner, in which you have communicated the sense of the committee to me." VOL. i. 2 N C 290 ) INSON, esquire, for the great assistance they have derived from the laudable application of his emi- nent abilities, to the service of his country in the above performance. Extract from the minutes, CHARLES THOMSON, clerk of tie commttte. PREFACE. VV HEN the committee for preparing a draught of instructions was appointed, it was considered, whether it would not be proper, to form some kind of a sketch, however imperfect it might be, of all the grievances, of the colo- nies, and of course of their constitutional rights. SUCH an attempt, tho' very rude, might be improved by better hands; and it seemed abso- lutely necessary, no longer to confine ourselves to occasional complaints and partial remedies, but, if possible, to attain some degree of cer- tainty concerning our lives, liberties and pro- perties. IT was perceived, that if the instructions should be formed on this plan, they would com- C 292 ) prehend many and very important positions, which it would be proper to introduce, by pre- viously assigning the reasons, on which they were founded. Otherwise, the positions might not appear to the committee to be just. From this consideration it became necessary, to ren- der the instructions long and argumentative ; and whoever candidly reflects on the import- ance of the occasion, will think such a method very justifiable. THE draught of instructions being brought into the provincial committee and read, and no objection being made to any of the principles asserted in them, it was not thought necessary, that the argumentative part should continue any longer in them. The committee, that brought in the draught, therefore moved, that this part of the instructions might be separated from the rest. Whereupon the draught was re-committed, for this purpose, to the com- mittee, that brought it in. This was done. SEVERAL additions have been made to the other part, now called " An Essay/' &c. since the vote for publishing. The additions are dis- tinguished by crotchets, thus ] and in these it was not thought necessary to observe the ftile of instructions. The notes have been al- most entirely added since the vote. August 1, 1774. " OF the various instructions, on this occasion, those which were drawn up by a convention of de- legates, from every county in the province of Penn- sylvania, and presented by them, in a body, to the constitutional assembly, were the most precise and determinate. By these it appears that the Pennsyl- vauians were disposed to submit to the acts of na- vigation, as they then stood, and also to settle a certain annual revenue on his majesty, his heirs and successors, subject to the controul of parliament, and to satisfy the demands of the East- India com- pany, provided their grievances were redressed, and an amicable compact ivas settled, which, by establishing American rights in the manner of a new magna charta, would have precluded future disputes." RAMSAY'S History of the American Revolution, vol. I. fage 134. RESOLUTIONS, &c. At a provincial meeting of deputies chosen by the several counties, in Pennsylvania, held at Phila- delphia, July 15, 1774, and continued by ad- journments from day to day. PRESENT, For the city and county of Philadelphia, Thomas Willing, Joseph Moulder, John Dickinson, Anth. Morris, Jun. Peter Chevalier, George Gray, Edward Pennington, John Nixon, Thomas Wharton, Jacob Barge,, John Cox, Thomas Penrose, Joseph Reed, John M. Nesbit, Tho. Wharton, jun. Jonathan B. Smith, Samuel Erwin, James Mease, Thomas Fitzsimons, Thomas Barclay, Dr. William Smith, Benjamin Marshall, Isaac Howell, Samuel Howell, VOL. 1. 2O Adam Hubley, William Moulder, George Schlosser, John Roberts, Samuel Miles, John Bayard, Thomas Mifflin, William Rush, Christoph, Ludwic, Charles Thomson. Bucks, John Kidd, John Wilkinson, Henry Wynkoop, James Wallace. Joseph Kirkbride, Chester, Francis Richardson, Hugh Lloyd, Elisha Price, John Sellers, John Hart, Francis Johnson, Anthony Wayne, Richard Reiley. Lancaster, George Ross, Emanuel Carpenter, James Webb, William Atlee, Joseph Ferree, Alexander Lowry, Matthias Slough, Moses Erwin. Tork, James Smith, Thomas Hartley. Joseph Donaldson, Cumberland, James Wilson, William Irvine. Robert Magaw, Berks, Edward Biddle, Thomas Dundas, Daniel Broadhead, Christopher Schultz. Jonathan Potts, Northampton, William Edmunds, John Okeley, Peter Kechlein, Jacob Arndt. Northumberland, William Scull, Samuel Hunter. Bedford, George Woods. Westmoreland, Robert Hannah, James Cavett- THOMAS WILLING, Chairman, CHARLES THOMSON, Clerk. AGREED that, in case of any difference in senti- ment, the question be determined by the deputies voting by counties, THE letters from Boston of the 13th of May were then read, and a short account given of the steps taken in consequence thereof, and the mea- sures now pursuing in this and the neighbouring provinces ; after which the following RESOLVES were passed. UN AN. I, 1 HAT we acknowledge ourselves, and the inhabitants of this province, liege subjects of his majesty king George the third, to whom they and we owe and will bear true and faithful allegi- ance,. UN AN. II. That as the idea of an unconstitu- tional independence on the parent state is utterly abhorrent to our principles, we view the unhappy differences between Great-Britain and the colonies with the deepest distress and anxiety of mind, as fruitless to her, grievous to us, and destructive of the best interests of both. UN AN. III. That it is therefore our ardent de- sire, that our ancient harmony with the mother country should be restored, and a perpetual love and union subsist between us, on the principles pf the constitution, and an interchange of good of- fices, without the least infraction of our mutual rights. AN. IV. That the inhabitants of these colo- nies are intitled to the same rights and liberties WITHIN these colonies, that the subjects born in England are intitled to WITHIN that realm. UN AN. V. That the power assumed by the parliament of Great-Britain to bind the people of these colonies, " by statutes IN ALL CASES " whatsoever ," is unconstitutional ; and therefore the source of these unhappy differences. UN AN. VI. That the act cf parliament, for shutting up the port of Boston, is unconstitutional ; oppressive to the inhabitants of that town ; danger- ous to the liberties of the British colonies ; and therefore, that we consider our brethren at Boston as suffering in the common cause of these colonies. UN AN. VII. That the bill for altering the ad- ministration of justice in certain criminal cases within the province of Massachusetts-Bay, if pass- ( 302 ) cd into an act of parliament, will be as unconstitu- tional, oppressive and dangerous, as the act above- mentioned. UN AN. VIII. That the bill for changing the constitution of the province of Massachusetts-Bay, established by charter, and enjoyed since the grant of that charter, if passed into an act of parliament, will be unconstitutional and dangerous in its con- sequences to the American colonies. UN AN. IX. That there is an absolute neces- sity, that a congress of deputies from the several colonies be immediately assembled, to consult to- gether, and form a general plan of conduct to be observed by all the colonies, for the purposes of procuring relief for our suffering brethren, obtain- ing redress of our grievances, preventing future dissensions, firmly establishing our rights, and. re- storing harmony between Great-Britain and her colonies on a constitutional foundation. UN AN. X. That, although a suspension of the commerce of this large trading province, with Great-Britain, would greatly distress multitudes of our industrious inhabitants, yet that sacrifice, and a much greater, we are ready to offer for the preservation of our liberties ; but, in tenderness to the people of Great-Britain, as well as of this coun- 303 ) try, and in hopes that our just remonstrances will, at length, reach the ears of our gracious sovereign,' and be no longer treated with contempt by any^of our fellow subjects in England, it is our earnest desire, that the congress should first try the gent- ler mode of stating our grievances, and making a firm and decent claim of redress. XI. RESOLVED, by a great majority, That yet notwithstanding, as an unanimity of counsels and measures is indispensibly necessary for the com- mon welfare, if the congress shall judge agreements of non-importation and non- exportation expedient, the people of this province will join with the other principal and neighbouring colonies, in such an as- sociation of non-importation from and non-export- tation to Great-Britain as shall be agreed on, at the congress. XII. RESOLVED, by a majority, That if any proceedings of the parliament, of which notice shall be received, on this continent, before or at the general congress, shall render it necessary in the opinion of that congress, for the colonies to take farther steps than are mentioned in the eleventh resolve ; in such case, the inhabitants of this pro- vince shall adopt such farther steps, and do all in their power to carry them into execution. UN AN. XIII. That the venders of merchandize of every kind, within this province ought not to take advantage of the resolves relating to non- im- portation in this province or elsewhere ; but that they ought to sell their merchandize, which they now have, or may hereafter import, at the same rates they have been accustomed to do within three months last past. UNAN. XIV. That the people of this province will break off all trade, commerce, and dealing, and will have no trade, commerce, or dealing of any kind with any colony on this continent, or with any city or town in such colony, or with any indi- vidual, in any such colony, city or town, which shall refuse, decline, or neglect to adopt, and carry into execution such general plan as shall be agreed ta in congress. UNAN. XV. That it is the duty of every mem- her of this committee to promote, as much as he can, the subscription set on foot, in the several counties of this province, for the relief of the dis- tressed inhabitants of Boston. UNAN. XVI. That this committee give in- structions on the present situation of public affairs to their representatives, who are to meet next week in assembly, and request them to appoint a proper number of persons to attend a congress of depu- ties from the several colonies, at such time and place as may be agreed on, to effect one general plan of conduct, for attaining the great and import- ant ends mentioned in the ninth resolve* VOL. I. 2 P INSTRUCTIONS FROM THE COMMITTEE REPRESENTATIVES IN ASSEMBLY MET. GENTLEMEN, 1 HE dissensions between Great-Britain and her colonies on this continent, commencing about ten years ago, since continually increasing, and at length grown to such an excess as to involve the latter in deep distress and danger, have excited the good people of this province to take into their seri- ous consideration the present situation of public affairs. THE inhabitants of the several counties qualified to vote at elections, being assembled on due notice, have appointed us their deputies ; and in conse- quence thereof, we being in provincial committee met, esteem it our indispensible duty, in pursuance of the trust reposed in us, to give you such instruc- tions, as, at this important period, appear to us to be proper. WE, speaking in their names and our own, ac- knowledge ourselves liege subjects of his majesty king George the third, to whom " we will be faith- " ful and bear true allegiance.'* OUR judgments and affections attach us, with inviolable loyalty, to his majesty's person, family and government. WE acknowledge the prerogatives of the sove- reign, among which are included the great powers of making peace and war, treaties, leagues and alli- ances binding us of appointing all officers, except in cases where other provision is made, by grants from the crown, or laws approved by the crown of confirming or annulling every act of our assembly within the allowed time and of hearing and determining finally, in council, appeals from our courts of justice. " The prerogatives are limited,'" *as a learned judge observes, " by bounds so certain and notorious, that it is impos- sible to exceed them, without the consent of the people on the one hand, or without, on the other, a violation of that original contract^ which, in all * I Blacksione 237. \ And though we are strangers to the original of most, states, yet we must not imagine that what has been here said, concerning the manner in which civil societies are formed, is an arbitrary fiction, For since it is certain, that all ci- ( SP9 ) states impliedly, and in ours most expressly, sub- sists between the prince and subject. For these/ prerogatives are vested in the crown for the supporl vil societies had a beginning, it is impossible to conceive, how the members, of which they are composed, could unite to live together dependent on a suprcac authority, without supposing the covenants above-mentioned. BuRLEMAOJJl's Princ. ofpol. lava. -vol. 2.fa t 29. And in fact, upon considering the primitive state of man, it appears mos* certain, that the appellations of sovereigns and subjects, masters and slaves, are unknown to nature. Nature has made us all of the same species, all equa/, all free and independent of each other ; and was willing that those, on whom she has bestowed the same faculties, should have all the same rights. It is therefore beyond all doubt, that in this primitive state of nature, no man has of himself an original right of commanding others, or any title to sovereignty. There is none but God alone that has of himself, and in consequence of his nature and perfections, a natural, essential, and inherent right of giving law* to mankind, and of exercising an absolute sovereignty over them. The cass is otherwise between man and man, they are of their own nature as imlepend- ent of one another, as they are dependent on God. This liberty and independ- ence is therefore a right naturally belonging to man, of which it would be unjust to deprive him against his will. Idcm ^ ^ affg ^ There is a beautiful passage of C/V to this purpose.* Noting is *, rc greeablt to the Sufreme Deity t that governs Ms un , v , nf> tLan chfit socles la-^ully established. When therefore we give to sovereigns the title of God's vicegerents upon earth, this does not imply that they derive their authority immediately from God, but it signifies only, that by means of the power lodged in their hand,, and with which the people have invested them, they maintain, agreeably to the views of the Deity, both order and peace, and thus procure the happiness of mankind. Idem, page 40. a Nihil est illi principi Deo, qui omnem hunc mundum regit, quod quidem ( 3 10 ) of society, and do not intrench any farther on our natural liberties, than is expedient for the main- tenance of our civil." BUT it is our misfortune, that we are compelled loudly to call your attention to the consideration of another power, totally different in kind limited, as it is alledged, by no " bounds," and J " wear- u ing a most dreadful aspect, 7 ' with regard to Ame- rica. We mean the power claimed by parliament, of right, to bind the people of these colonies by statutes, " in all cases whatsoever" a power, But it will be here objected, that the scripture itself says, that every man ought to be subject to the supreme powers, because they are established by God.b I answer, with Cntiiis, that men have established civil societies, not in consequence of a divine ordinance, but of their voluntary motion, induced to it by the experience they had had of the incapacity which separate families were under, of defending themselves against the insults and attacks of hnman violence. From thence (he adds) arises the civil power, which St. Peter > for this reason, calls a human power , c though in other parts of scripture it bears the name of a divine institution^ because God has approved of it as an establish- ment useful to mankind. 6 All the other arguments, in favour of the opinion we have been here refut- ing, do not even deserve our notice. In general, it may be observed, that ne- ver were more wretched reasons produced than upon this subject, as the reader may be easily convinced by reading Pujfendorf on the law of nature and nations, who, in the chapter corresponding to this, gives these arguments at length, and completely refutes them.f Idem, page 42, 43. \ I Blackstone 2 JO. b Rom. xiii. * i Ep. rhap. 2. v. 13. d Rom. xiii. I. e Grotius of the right of war and peace, book I. chap. 4 fee. 7, 12. No. 3. f See the law of nature and nations, book VII. chap. 3. as we are not, and, from local circumstances, can- not be represented there, utterly subversive of our natural and civil liberties past events arid rea- son convincing us, that there never existed, and never can exist, a state thus subordinate to another, and yet retaining the slightest portion of freedom or happiness. THE import of the words above quoted needs no descant ; for the wit of man, as we apprehend, can- not possibly form a more clear, concise, and com- prehensive definition and sentence of slavery, than these expressions contain. THIS power claimed by Great-Britain, and the late attempts to exercise it over these colonies, pre- sent to our view two events, one of which must inevitably take place, if she shall continue to insist on her pretensions. Either, the colonists will sink from the rank of freemen into the class of slaves, overwhelmed with all the miseries and vices, proved by the history of mankind to be inseparably annex- ed to that deplorable condition : or, if they have sense and virtue enough to exert themselves in striving to avoid this perdition, they must be in- volved in an opposition dreadful even in contem- plation. Honour, justice and humanity call upon us to hold, and to transmit to our posterity, that liberty, which we received from our ancestors. It is not our duty to leave wealth to our children : but it is our duty, to leave liberty to them. No infamy, iniquity, or cruelty, can exceed our own, if we, born and educated in a country of freedom, intitled to its blessings, and knowing their value, pusillani- mously deserting the post assigned us by Divine Providence, surrender succeeding generations to a condition of wretchedness, from which no human efforts, in all probability, will be sufficient to ex- tricate them ; the experience of all states mourn- fully demonstrating to us, that when arbitrary pow- er has been established over them, even the wisest and bravest nations, that ever flourished, have, in a few years, degenerated into abject and wretched vassals. So alarming are the measures already taken for laying the foundations of a despotic authority of Great-Britain over us, and with such artful and in- cessant vigilance is the plan prosecuted, that unless the present generation can interrupt the work, while it is going forward, can it be imagined, that our children, debilitated by our imprudence and supineness, will be able to overthrow it, when com- pleted ? Populous and powerful as these colonies may grow, they will still find arbitrary domination ( 3*3 ) not only strengthening with their strength, but ex- ceeding, in the swiftness of its progression, as it ever has done, all the artless advantages that can acrue to the governed. These advance with a regu- larity, which the divine Author of our existence has impressed on the laudable pursuits of his creatures : but despotism, * unchecked and unbounded by any laws never satisfied with what has been done, while any thing remains to be done, for the * As virtue is necessary in a republic, and in a monarchy honor, so fear Js necessary in a despotic government : with regard to virtue, there is no occasi- on for it, and honor would be extremely dangerous. Here the immense power of the prince is devolved intirely upon those to whom he is pleased to intrust it. Persons capable of setting a value upon themselves would be likely to create revolutions. Fear must therefore depress their spirits, and extinguish even the least sense of ambition. MONTESOJJIEU'S Spirit of Laws, vol. I. book lll.cbap. 9. An idea of despotic power. When the savages of Louisiana are desirous of fruit, they cut the tree to the root, and gather the fruit. S This is an emblem of despotic government. Idem, book V. cbap. 13. The principle of despotic government is fear ; but a timid, ignorant, and faint spirited people have no occasion for a great number of laws. Every thing ought to depend here on TWO or THJIEE ideas; therefore there is no necessity that any new notions should be added. When we want to break a horse, we take care not to let him change his master, his lesson, or his pace. Thus an impression is made on his brain by t\\o or three motions and no more. Idem. book. V. cbap. 14. S Edifying letters, II eoll. p. 315. VOL. I. 2 Q m accomplishment of its purposes confiding, and capable of confiding, only in the annihilation of all opposition holds its course with such unabat- ing and destructive rapidity, that the world has be- come its prey, and at this day, Great-Britain and her dominions excepted, there is scarce a spot on the globe inhabited by civilized nations, where the vestiges of freedom are to be observed. To us therefore it appears, at this alarming pe- riod, our duty to God, to our country, to ourselves, and to our posterity, to exert our utmost ability, in promoting and establishing harmony between GreauBritain and these colonies, on a constituti- onal foundation, FOR attaining this great and desirable end, we re- quest you to appoint a proper number of persons to attend a congress of deputies from the several colo- lies, appointed, or to be appointed, by the repre- sentatives of the people of the colonies respectively in assembly, or convention, or, by delegates cho- sen by the counties generally in the respective co- lonies, and met in provincial committee, at such time and place as shall be generally agreed on : and that the deputies from this province may be induc- ed and encouraged to concur in such measures, as may be devised for the common welware, we think it proper, particularly to inform you, how far, we apprehend, they will be supported in their con- duct by their constituents. \_In this place was inserted the argumentative part, which in this publication is called u An " Essay."] THE assumed parliamentary power of internal legislation, and the power of regulating trade, as of late exercised, and designed to be exercised, we are thoroughly convinced, will prove unfailing and plentiful sources of dissensions to our mother country and these colonies, unless some expedients can be adopted to render her secure of receiving from us every emolument, that can in justice and reason be expected, and us secure in our lives, pro- perties, and an equitable share of commerce. > MOURNFULLY revolving in our minds the cala- mities, that, arising from these dissensions, will most probably fall on us and our children, we will now lay before you the particular points we request of you to procure, if possible, to be finally decided ; and the measures that appear to us most likely to produce such a desirable period of our distresses and dangers. We therefore desire of you FIRST. That the Deputies you appoint, may be instructed by you strenuously to exert them- selves, at the ensuing congress, to obtain a renun- ciation, on the part of Great -Britain, of all powers under the statute of the 35th of Henry the eighth, chapter the 2d. of all powers of internal legisla- tion of imposing taxes or duties internal or external and of regulating trade, except with respect to any new articles of commerce, which the colonies may hereafter raise, as silk, wine, &c. re- serving a right to carry these from one colony to another a repeal of all statutes for quartering troops in the colonies, or subjecting them to any expence on account of such troops of all sta- tutes imposing duties to be paid in the colonies, that were passed at the accession of his present majesty, or before this time ; which ever period shall be judged most adviseable of the statutes giving the courts of admiralty in the colonies great- er power than courts of admiralty have in England of the statutes of the 5th of George the se- cond, chapter the 22d, and of the 23d of George the second, chapter the 29th of the statute*for shutting up the port of Boston and of every other statute particularly affecting the province of Massachusetts-Bay, passed in the last session of parliament. IN case of obtaining these terms, it is our opi- nion, that it will be reasonable for the colonies to en- gage their obedience to the acts of parliament com- monly called the acts of navigation, and to every other act of parliament declared to have force, at this time, in these colonies, other than those above mentioned, and to confirm such statutes by acts of the several assemblies. It is also our opinion, that taking example from our mother country, in abo- lishing the " courts of wards and liveries, tenures " in capite, and by knight's service, and purvey- " ance," it will be reasonable for the colonies, in case of obtaining the terms before mentioned, to settle a certain annual revenue on his majesty, his heirs and successors, subject to the controul of par- liament, and to satisfy all damages done to the East- India company. THIS our idea of settling a revenue, arises from a sense of duty to our sovereign, and of esteem for our mother country. We know and have felt the benefits of a subordinate connexion with her. We neither are so stupid as to be ignorant of them; nor so unjust as to deny them. We have also expe- rienced the pleasures of gratitude and love, as well as advantages from that connexion. The impressi- ons are not yet erased. We consider her circum- stances with tender concern. We have not been wanting, when constitutionally called upon, to assist her to the utmost of our abilities; insomuch that she has judged it reasonable to make us recompen- ces for our overstrained exertions : and we now think we ought to contribute more than we do, to the alleviation of her burthens. WHATEVER may be said of these proposals on either side of the Atlantic, this is not a time, ei- ther for timidity or rashness. We perfectly know, that the great cause now agitated, is to be conduct- ed to a happy conclusion, only by that well temper^ ed composition of counsels, which firmness, pru- dence, loyalty to our sovereign, respect to our pa- rent state, and affection to our native country, unit- ed must form. BY such a compact, Great-Britain will secure every benefit, that the parliamentary wisdom of ages has thought proper to attach to her. From her alone we shall continue to receive manufac- tures. To her alone we shall continue to carry the vast multitude oj enumerated articles of commerce, the exportation of which, her policy has thought fit to confine to herself. With such parts of the world only, as she has appointed us to deal, we shall continue to deal ; and such commo- dities only, as she has permited us to bring from them, we shall continue to bring. The executive and controlling powers of the crow r n will retain their present full force and operation. We shall contentedly labour for her as affectionate friends, in time of tranquility ; and cheerfully spend for her, as dutiful children, our treasure and our blood, in time of war. She will receive a certain income * from us, without the trouble or expence of col- lecting it without being constantly disturbed by complaints of grievances, which she cannot justify, and will not redress. In case of war, or in any * The train of officers, employed by Great-Britain, consume a very large part of what she takes from us. She therefore increases our distresses to make up for that consumption. They will hereafter grow more and more oppress- ive, \ve more and more uneasy, she more and more disturbed. We could raise the same sum in a much more easy, equal, and cheap manner, than she can do. The attention of small states extends much more efficaciously and beneficially to every part of the territories, than that of the administration of a vast em- pire. The representatives in assembly, -wlo are taxed, ivhen the people are taxed, and accountable to them, will have double motives to take care, that the raising and expending money is managed in the best way. The house of commons would not bear to examine every particular relating to the just taxation of every county on this continent, and to Kttle all the accounts fairly. If they could go through the immense labour, it would be impossible for them to do any other business. In short, by not doing it, they would be unjust ; by doing it, they would be useless. Equity and reason demonstrate, that such a power belongs not to them. We have had remarkable instances on this continent some few years ago, of the crown being according to all the forms of business charged with articles, that never went to the use of the crown." These were perquisites, and who could be so puritanical as to blame the civil word. It is said, our barracks cost about .8000 of this money and that the barracks at another place, not deserving a comparison with ours, cost .40,000 sterling. We built our own, ourselves , and were as saving and careful as we could be, it mafy be supposed. If money is raised upon us by parliament ; of one thousand pounds, taken out of our pockets, not one hundred, in all probability, will be usefully applied to the ser- vice of the crown. Deficiencies will ensue they must be supplied other acts are made still others till our h unrepresented blades of grass" too fre- h Speech of Lord Camden. I Blackstone, *7O. ( 3 20 ) emergency of distress to her, we shall also be rea- dy and willing to contribute all aids within our power : and we solemnly declare, that on such oc- quently and clcsely cut down and exposed to the burning heat of an unsetting sun, ever " in its meridian" perish to their deepest roots. " There is not upon earth (says the exceUent Gordon] a nation, which hav- ing had unaccountable magistrates, has not felt them to be crying and consuming mischiefs. In trath, where they are most limited, it has been often as much as a'* whole people could do to restrain them to their trust, and to keep them from vi- olence ; and such frequently has been their propensity to be lawless, that nothing but a violent death could cure them of their violence. Some men will never think they have enough, whilst they can take more ; nor be content ivith a fart, when they can seize the whole." i " That the business of most kingdoms has been ill managed, proceeds from this ; it imports the loiver rank of men only, and the people (whose cries seldom reach the prince, till it is too late, and till all is past remedy) that mat- ters should \>e frugally ordered, because taxes must arise from their sweat and labour. But the great ones, who heretofore have had the prince's ear and favour, or who hoped to have him in their possession, were swayed by another sort of interest ; they like profusion, as having had a prospect to be gainers by it, they can easily set their account even with the state ; a small charge upon their land is more than balanced by a great place, or a large pension''*' See the lord keeper North's account of abuses in the conduct and disposal of the public money in the time of king Charles II. I Those who, in our times, are the conductors of the same kind of dirty work, may compare tie modern in- genious ways and means with those of their worthy predecessors. Among others, pretended want of money in the treasury, in order to have a pretence for giving an exorbitant price for necessaries. Lending the crown AT EIGHT PER CENT, money which was raised at five and six. Pay- ing with the public money, pretending it to be private, and taking interest. Dc- i Cato's LET. in. 78. fc Daven. Jl. 362. I Dalrymp. MEM. II. 84. ( 321 ) casions, if we or our posterity shall refuse, neglect or decline thus to contribute, it will be a mean and manifest violation of a plain duty, and a weak predating the public debts and funds, buying them of tie lolclers at half their worth, and afterwards by interest getting them paid in full. Pretending to give up all pow- er in recommending to places for a consideration, and then insisting on recom- mending still, and so getting both ways. Rolling over losses upon the crotvn, or public, while the gain tuas to sink into private pockets. A father stopping a large sum in his own hand, which was to have been paid the public creditors. Be- fore he can be brought to account, he dies. The money sinks into the pocket of his heir. He obtains a pardon of all his father's debts. Gross frauds in office found out. Then neiu officers and salaries set up as checks. The new prove as great knaves 33 the old, and form a scheme of collusion and mutual understanding. But the public pays for all, and the poiver of thf court is strengthened. An old placeman begs leave to sell. Pockets the money, and by and by, through interest, gets a new place gratis. Extravagant men squander their own money in their public em- ployments of embassadors, governors, &c. and charge the public with more than they -have really spent, while what they really spent was ten times more than necessary. The business of old offices transferred to new : but the prof t* of the old still kept .*, though become sinecures. An old servant of the public retires upon a pension. He who succeeds him, by interest, gets it continued to him. Ano- ther gets an addition to his salary, and then sells his place for a great deal more than it cost him, and so an additional load is laid on the public : for the addition must be continued, because the place was bought. An annual sum is granted by the public for a public use, as keeping up a harbour, or the like. A private man, by interest, gets a grant ofthejobb : the public concern is neglect- ed, and the public pocket picked. Crown lands perpetually begged and given away to strengthen the court interest. The crown constantly kept in debt, and parliament solicited to pay those debts occasioned merely by the voracity of the court. Commanders of fleets order a superfluous quantity of stores. By collu- sion between them and the store masters, this superfluous quantity is sold again to the king, and the money sunk in their pockets. Sometimes the store-masters gave receipts for more than ivas received into the king's stores, and the money ivat divided among tie plunderers. The king's works done by the day, whereas it would VOL. I. 2 11 ( 322 ) and wicked desertion of the true interests of this province, which ever have been and must be bound up in the prosperity of our mother country. Our union, founded on mutual compacts and mutual Lave been cheaper by the great. Money pretended to be coined gratis. List* of large sums newly coined produced. But the contrivance was to make the pieces unequal, and then the too heavy pieces were' carried back to the mint, and the profit sunk in private pockets, &c. Secret service is a huge cloke thrown over an immense scene of corruption ; and under this cloke tve must not peep. Our court-men tell us, there must be large sums expended in this way, and those sums cannot be accounted for ; because the services done for them must never be knoivn. But we find, that the commons A. D. 1708 addressed queen Anne for accounts of pensions paid for secret ser- vice to members of parliament, or to any persons in trust for them ; and that ** the queen ordered said account to be laid before tie bouse" Contracts are a great fund of ministerial influence. It is well known, that our ministry do not accept the most reasonable offer ; but the offer which is made by those who have the greatest parliamentary interest ; and that in war time, every man, who furnishes for the government, is enriched; in France the eontrary ; which shews, that we manage our public money much tvorsc than the French ministry do theirs. In the late war it is notorious, that several of our purveyors and commissaries got estates sufficient to set them up for earls and dukes. But as Burnet n says, " the regard, that is shewn to members of parlia- ment among us, causes that few abuses can be inquired into, or discovered. POL. Disqy, toot V.page 274^-277. What redress could a poor plundered, unrepresented colony obtain against a VerrtS) supported by a strong parliamentary influence. We know what se- veral governors of Minorca have dared to do. A governor of Gibraltar ha ventured to oppress even the garrison of that important place. The very drudgery of examining accounts, would probably secure him. If Cast, the in* juries could not be recompensed. A successor might prove as bad " provincia plorat." The victorious province weeps. 10 DKB. COM. rv. 119. n HIST. OWN TIMES, HI. 279. ( 233 benefits, will be indissoluble, at least more firm, than an union perpetually disturbed by disputed rights and retorted injuries. SECONDLY. If all the terms abovementioned cannot be obtained, it is our opinion, that the mea- sures adopted by the congress for our relief should never be relinquished or intermitted, until those relating to the troops, internal legislation, im- position of taxes or duties hereafter, the 35th of Henry the 8th, chapter the 2d, the extension of admiralty courts, the port of Boston and the pro- vince of Massachusetts-Bay , are obtained. Every modification or qualification of these points in our judgment, should be inadmissible. To obtain them, we think it may be prudent to settle some revenue as above-mentioned, and to satisfy the East-India company. THIRDLY. If neither of these plans should be agreed to, in congress, but some other of a similar nature shall be framed, though on the terms of a revenue, and satisfaction to the East-India com- pany, and though it shall be agreed by the congress to admit no modification or qualification in the terms they shall insist on, we desire your deputies may be instructed to concur with the other depu- ties in it ; and we will accede to, and carry it into execution as far as we can. FOURTHLY. As to the regulation of trade we are of opinion, that by making some few amend- ments, the commerce of the colonies might be set- tled on a firm establishment, advantageous to Great- Britain and them, requiring and subject to no fu- ture alterations, without mutual consent. We desire to have this point considered by the con- gress ; and such measures taken, as they may judge proper. IN order to obtain redress of our common griev- ances, we observe a general inclination among the colonies of entering into agreements of non-impor- tation and non-exportation. We are fully convin- ced, that such agreements w^ould withhold very large supplies from Great-Britain, and no words can describe our contempt and abhorrence of those colonists, if any such there are, who, from a sordid and ill-judged attachment to their own immediate profit, would pursue that, to the injury of their country, in this great struggle for all the blessings of liberty. It would appear to us a most wasteful frugality, that would lose every important possessi- on by too strict an attention to small things, and lose also even these at the last. For our part, we will cheerfully make any sacrifice, when neces- sary, to preserve the freedom of our country. But other considerations have weight with us. We wish every mark of respect to be paid to his ma- jesty's administration. We have been taught from our youth to entertain tender and brotherly affecti- ons for our fellow subjects at home. The inter- ruption of our commerce must distress great num- bers of them. This we earnestly desire to avoid. We therefore request, that the deputies you shall appoint may be instructed to exert themselves, at the congress, to induce the members of it, to con- sent to make a full and precise state of grievances and a decent yet firm claim of redress, and to wait the event, before any other step is taken. It is our opinion, that persons should be appointed and sent home to present this state and claim, at the court of Great-Britain. IF the congress shall choose to form agreements of non-importation and non-exportation immedi- ately, we desire the deputies from this province will endeavour to have them so formed as to be binding upon all, and that they may be PERMANENT, should the public interest require it. They cannot be efficacious, unless they can be permanent ; and it appears to us that there will be a danger of their be- ing infringed, if they are not formed with great cau- tion and deliberation. We have determined in the present fituation of public affairs to consent to a stop- page of our commerce with Great -Britain only ; but in case any proceedings of the parliament, of which notice shall be received on this continent, ( 326 ) before or at the congress, shall render it neces- sary, in the opinion of the congress to take further steps, the inhabitants of this province will adopt such steps, and do all in their power to carry them into execution. THIS extensive power we commit to the con- gress, for the sake of preserving that unanimity of counsel and conduct, that alone can work out the salvation of these colonies, with a strong hope and trust, that they will not draw this province into any measure judged by us, who must be better ac- quainted w r ith its state than strangers, highly inex- pedient. Of this kind, we know any other stop- page of trade, but of that with -Great-Britain^ will be. Even this step we should be extremely afflicted to see taken by the congress, before the other mode above pointed out is tried. But should it be taken, we apprehend, that a plan of restrictions may be so framed, agreeable to the respective circumstances of the several colonies, as to render Great-Britain sensible of the imprudence of her counsels, and yet leave them a necessary commerce. And here it may not be improper to take notice, that if redress of our grievances cannot be wholly obtained, the extent or continuance of our restrictions may, in some sort, be proportioned to the rights we arc contending for, and the degree of relief afforded us. This mode will render our opposition as perpetual as our oppression, and will be a continual claim and assertion of our rights. We cannot express the anxiety, with which we wish the consideration of these points to be recommended to you. We are persuaded, that if these colonies fail of unani- mity or prudence in forming their resolutions, or of fidelity in observing them, the opposition by non- importation and non-exportation agreements will be ineffectual ; and then we shall have only the alternative of a more dangerous contention, or of a tame submission. UPON the whole, we shall repose the highest confidence in the wisdom and integrity of the ensu- ing congress : and though we have, for the satis- faction of the good people of this province, who have chosen us for this express purpose, offered to you such instructions, as have appeared expedient to us, yet it is not our meaning, that by these or by any you may think proper to give them, the depu- ties appointed by you should be restrained from agreeing to any measures, that shall be approved by the congress. We should be glad the deputies chosen by you could, by their influence, procure our opinions hereby communicated to you to be as nearly adhered to, as may be possible : but to avoid difficulties, we desire that they may be in- structed by you, to agree to any measures that shall be approved by the congress, the inhabitants ( 3*8 ) of this province having resolved to adopt and carry them into execution. Lastly We desire the de- puties from this province, may endeavour to pro- cure an adjournment of the congress, to such a day as they shall judge proper, and the appointment of a standing committee. AGREED, that John Dickinson, Joseph Read, and Charles Thomson, be a committee to write to the neighbouring colonies, and communicate to them the resolves and instructions. AGREED, that the committee for the city and county of Philadelphia, or any fifteen of them, be a committee of correspondence for the general committee of this province. Extract from the Minutes, CHARLES THOMSON, cM of tie committee. A N ESSAY,* &c. 1 HE authority of parliament has within these few years been a question much agitated ; and great difficulty, we understand, has occurred, in tracing the line between the rights of the mother country and those of the colonies. The modern doctrine of the former is indeed truly remarkable ; for though it points out, what are not our rights, yet we can never learn from it, \vhat are our rights. As for example -Great-Britain claims a right to take away nine- tenths of our estates have we a right * This piece has been written in such haste, under so great indisposition, and amidst such a confusion of public affairs, that it is hoped, its inaccuracies will be looked upon with indulgence. If longer time could have been bestow- ed upon its correction, it would have been at least shorter, if not more exact. The first appointment of a committee to form a draught of instructions, was made en the fourth of last month. See note on the extract, dated the l8th of July. VOL. i. 2 S ( 330 ) to the remaining tenth ? No. To say we have, is a " traiterous" position, denying her supreme legislature. So far from having property, accord- ing to these late found novels, ive are ourselves a property. WE pretend not to any considerable share of learning ; but, thanks be to divine Goodness, com- mon sense, experience, and some acquaintance with the constitution, teach us a few salutary truths on this important subject. WHATEVER difficulty may occur in tracing the line, yet we contend, that by the la\vs of God, and by the laws of the constitution, a line there must be, beyond which her authority cannot extend. For all these laws are J " grounded on reason, full of jus- tice, f and true equity," mild, and calculated to promote the freedom and welfare of men. These J PARLT. Deb. 7. 409. " What of that ? Shall not we give judgment, be- cause it is not adjudged in the books before ? We will give judgment according to reason, and if there be no reason in the books, I will not regard them." Speech of Anderson, lord chief justice of the queen's bench, in the reign of Elizabeth. GOULDSB. REP. 96. edit. 1653. f " It seems to me, that the natural justice, which is a duty of man, ought to be stiled the parent, and nourisher, of every other virtue : and assuredly, with- out this habit, a man can neither moderate his desires, nor be brave, nor wise. For, it is a harmony, and peace, of the whole soul ; with a full concert of words, and actions : and the dominion of such a habit may be rendered more conspicu- ( 33 1 ) objects never can be attained by abolishing every restriction, on the part of the governors, and extin- guishing every right, on the part of the governed. SUPPOSE it be allowed, that the line is not ex- pressly drawn, is it thence to be concluded, there is no implied line ? No English lawyer, we presume, will venture to make the bold assertion. " The 4t king may reject what bills, may make what " treaties, may coin what money, may create what " peers, and may pardon what offences, be pleas- ous, if we examine the other habits of virtue. For the good of these is pri- vate, respecting the individual ; but the good of natural justice respects whole systems, and throughout the universe."--* In the celestial system of the world, as it marshals out the universal rule of things, which are thus decreed by God ; it is providence, and harmony, and right. In a civil state, it is justly called peace, and good order. In a domestic state, it is the like mindedness of husband, and wife, towards each other ; the good will of subordinate members. In the body, it is health, zndfymmetry of parts ; which are principal things, and much beloved by every living creature. In the soul, it is wisdom ; that wisdom which arises amongst men, from the knowledge of causes, and from natural justice. Since therefore, this habit doth thus instruct, and preserve, the whole and every part; rendering all the same, in heart, and in tongue, why may it not be saluted, by the universal voice ; the parent and nourisher of every virtue." POL. PYTH. Luc. apud STOBJEUM,/^ 105. edit. Tiguri, 1559. " Of i. AW there can be no less acknowledged, than that her seat is the bosom of GOD, her voice the harmony of the world : all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not ex- empt from her power." HOOKER'S, Ecclesiastical Policy, book thtfrst, at the end. ( 332 ) " es." J But is his prerogative respecting these branches of it, unlimited ? By no means. The words following those next above quoted from the " commentaries on the laws of England," are " unless where the constitution hath expressly, or .*' by evident consequence, laid down some excep- " tion or BOUNDARY ; declaring, that thus far the " prerogative shall go, and no farther." There are *' some boundaries" then, besides the *' ex- ** press exceptions ;" and according to the strong expression here used, " the constitution declares " there are." What " evident consequence" forms those " boundaries ?" THE happiness of the people is the end, and, if the term is allowable, we would call it the body of the constitution. Freedom is the spirit or soul. As the soul, speaking of nature, has a right to prevent or relieve, if it can, any mischief to the body of the individual, and to keep it in the best health ; so the soul, speaking of the constitution, has a right to prevent, or relieve, any mischief to the body of the society, and to keep that in the best health. The * 4 evident consequence" mentioned, must mean a tendency to injure this health, that is, to diminish the happiness of the people or it must mean noth- ing. If therefore the constitution "DECLARES by \ l BLACKSTONE'S COM, 250. ( 333 ) " evident consequence " that a tendency to dimin- ish the happiness of the people, is a proof, that pow- er exceeds a " boundary," beyond which it ought not to " go ;" the matter is brought to this single point, whether taking our money from us without our consent, depriving us of trial by jury, changing constitutions of government, and abolishing the privilege of the writ of habeas corpus, by seizing and J carrying us to England, have not a greater tendency to diminish our happiness, than any enor- mities a king can commit under pretence of pre- rogative, can have to diminish the happiness of the subjects in England. To come to a decision upon this point, no long time need be required. To make this comparison, is stating the claim of par- liament in the most favourable light : for it puts \ " Of great importance to the public is the preservation of this personal liberty : for if once it were left in the power of any, the highest magistrate, to imprison arbitrarily, whomever he or bis officers thought proper, (as in France it is daily practised by the crown) there ivould soon be an end uf all other rights and immunities." " A natural and regular consequence of this personal liberty is, that every Englishman may claim a right to abide in his oivn country so long as he pleases^ and not to be driven from it unless by the sentence of law. Exile or transportation is a punishment unknown to the common latv." " The king can- not constitute a man lord lieutenant of Ireland against his will, nor make him a foreign ambassador. For this might in reality be no more than an honorable exile." I BLACKSTONE, 135 to 138. " These precedents collected by the reverend and learned judge, chief justice Anderson, and all written with his own hand, do fully resolve for the mainte- nance of the ancient and fundamental point of liberty of the person t to be regained by habeas corpus ^ when any one is imprisoned." PARL. Hist. 7. 413. ( 33* ) the assumed power of parliament, to do, " IN ALL " CASES WHATSOEVER," what they please, upon the same footing with the acknowledged power of the king, " to make what peers pardon what " offences, &c. be pleases." But in this light, that power is not intitled to be viewed. Such is the wisdom of the English constitution, that it " declares" the king may transgress a " boundary " laid down by evident consequence," even by using the power with which he is expressly vested by the constitution, in doing those very acts which he is expressly trusted by the constitution to do as by creating too many or improper persons, peers ; or by pardoning too many or too great of- fences, &c. But has the constitution of ENGLAND expressly " declared," that the parliament of Great- Britain may take away the money of English colo- nists without their consent, and deprive them of trial by jury, &x ? It cannot be pretended. True it is, that it has been solemnly declared by parlia- ment, that parliament has such a power. But that declaration leaves the point just as it was before : for if parliament had not the power before, the de- claration could not give it. Indeed if parliament is really " omnipotent/' * that power is just and constitutional. * I BLOCKS-TONE, 161. ( 335 ) We further observe, that the constitution has not expressly drawn the line beyond which, if a king, shall "go," resistance becomes lawful. The learn- ed author of those commentaries, that notwithstand- ing some human frailties, do him so much honour, has thought proper, when treating of this subject, to point out the "precedent" of the revolution, as fixing the line. We would not venture any reflec- tion on so great a man. It may not become us. Nor can we be provoked by his expressions con- cerning colonists ; because they perhaps contain his real, though hasty sentiments. Surely, it was not his intention to condemn those excellent men, who casting every tender consideration behind them, nobly presented themselves against the ty- ranny of the unfortunate and misguided Charles's reign ; those men, whom the house of commons, even after the restoration, would not suffer to be censured. WE are sensible of the objection that may be made, as to drawing a line between rights on each side, and the case of a plain violation of rights. We think it not material. Circumstances have actually produced, and may again produce this question. What conduct of a prince renders resistance lawful ? James the second and his fa- ther violated express rights of their subjects, by doing what their own express rights gave them no ( 336 ) tide to do, as by raising money, and levying troops, without consent of parliament. It is not even set- tled, what violation of those will justify resistance. But may not some future prince, confining himself to the exercise of bis own express rights, such as have been mentioned, act in a manner, that will be a transgression of a " boundary" laid down by " evident consequence," the " constitution declar- " ing he should go no further ?" May not this exercise of these his express rights, be so far ex- tended, as to introduce universal confusion and a subversion of the ends of government ? The whole may be oppressive, and yet any single instance le- gal. The cases may be improbable ; but we have seen and now feel events once as little expected. Is it not possible, that one of these cases may hap- pen ; if it does, has the constitution expressly drawn, a line, beyond which resistance becomes lawful ? It has not. But it may be said, a king can- not arm against his subjects he cannot raise mo- ney, without consent of parliament. This is the constitutional check upon him. If he should, it would be a violation of their express rights. If their purses are shut, his power shrinks. True. Unhappy colonists ! Our money may be taken from us and standing armies established over us, with- out our consent every expressly declared consti- tutional check dissolved, and the modes of opposi- tion for relief so contracted, as to leave us only ( 337 ) the miserable alternative of supplication or vio- lence. And these, it seems, are the liberties of Americans. Because the constitution has not " expressly declared" the line between the rights of the mother country and those of her colonists, therefore, the latter have no rights. A logic, equally edifying to the heads and hearts of men of sense and humanity. WE assert, a line there must be, and shall now proceed with great deference to the judgment of others, to trace that line, according to the ideas we entertain : and it is with satisfaction we can say, that the records, statutes, law-books, and most ap- proved writers of our mother country, those " dead " but most faithful counsellors" (as sir Edward Coke calls them) u who cannot be daunted by fear, nor ''muzzled by affection, reward, or hope of pre- 4C ferment, and therefore may safely be believed," confirm the principles we maintain. LIBERTY, life, or property, can, with no con- sistency of words or ideas, be termed a right of the possessors, while others have a right of taking them away at pleasure. The most distinguished authors, that have written on government, declare it to be " instituted for the benefit of the people ; 14 and that it never will have this tendency, where VOL. r. 2 T ( 338 ) 44 it is unlimited." Even conquest* itself is held not to destroy all the rights of the conquered. Such is the merciful reverence judged by the best and * " But in order to say something more particular concerning this subject, let us observe that the natural state of nations in respect to each other, is that of society and peace. This society is likewise a state of equality and independ- ence, which establishes a parity of right between them ; and engages them to have the same regard and respect for one another. Hence the general prin- ciple of the law of nations is nothing more than the general law of sociability, which obliges all nations that have any intercourse with one another, to prac- tise those duties to which individuals are naturally subject. *' These remarks may serve to give us a just idea of that art, so necessary to the directors of states, and distinguished commonly by the name of polity. Polity considered with regard to foreign states, is that ability and address by which a sovereign provides for the preservation, safety, prosperity and glory of the nation he governs, by respecting the laws of justice and humanity ; that is, without doing any injury to other states, but rather by procuring their ad- vantage, as much as in reason can be expected. Thus the polity of sovereign! is the same as prudence among private people; and as we condemn in the lat- . ter any art or cunning, that makes them pursue their own advantage to the prejudice of others, so the like art would be censurable in princes, were they bent upon procuring the advantage of their own people by injuring other nati- ons. The reason of state, so often alledged to justify the proceedings or enter- prises of princes , cannot really be admited for this end, but inasmuch as it is reconcileable with the common interest of nations, or which amounts to the same thing, with the unalterable rules of sincerity, justice, and humanity." " Grotius indeed acknowledges that the law of nature is common to all nati- ons ; yet he establishes a positive law of nations contradistinct from the law of nature ; and reduces this law of nations to a sort of human law, which has ac- quired a power of obliging in consequence of the will and consent of all or of a great many nations. He adds, that the maxims of this law of nations arc proved by the perpetual practice of people, and the testimony of historians. See Grotlut, rights of war and peace : preliminary discourse, sect. 18. and fecok I. chap. I. sect. 14. ( 339 ) wisest men to be due to human nature, and fre- quently observed even by conquerors themselves. PROTECTION and obedience are reciprocal duties. " But it has been justly observed that this pretended law of nations, contra- distinct from the law of nature, and invested nevertheless with a force of obliging, whether people consent to it or not, is a supposition destitute of all foundation.? " For I. all nations are with regard to one another in a natural independ- ence and equality. If there be therefore any common law between them, it must proceed from God their common sovereign. " 2. As for what relates to customs established by an express or tacit con- sent among nations, these customs are neither of themselves, nor universally, nor always obligatory. For from this only that several nations have acted to- wards one another for a long time alter a particular manner in particular cases, it does not follow that they have laid themselves under a necessity of acting al- ways in the same manner for the time to come, and much less that other na- tions are obliged to conform to these customs. " 3. Again ; these customs are so much the less capable of being an obliga- tory rule of themselves, as they may happen to be bad or unjust. The profes- sion of a corsair or pirate, was by a kind of consent, esteemed a long while as lawful, between nations that were not united by alliance or treaty. It seems likewise, that some nations allowed themselves the use of poisoned arms in time of war.** Shall we say that these were customs authorised by the law of nations, and really obligatory in respect to different people ? Or shall we not rather consider them as barbarous practices ; practices from which every just and well governed nation ought to refrain. We cannot therefore avoid ap- pealing always to the law of nature, the only one that is really universal, when- ever we want to judge whether the customs established between nations have any obligatory effect. p See PufFendorf, law of nature and nations, book a. chap. 3. sect. 23. with Earbeyrac's notes. i See Virgil, JEncid, book 10. verse 139. with the ijth note of the Abbe des Fontaines, IN fine, a power of government, in its nature tending to the misery of the people, as a power that is unlimited, or in other words, a power in which " 4. All that can be said on this subject is, that when customs of an innocent nature are introduced among nations ; each of them is reasonably supposed tq submit to those customs, as long as they have not made any declaration to the contrary. This is all the force or effect that can be given to received cus- toms ; but a very different effect from that of a law properly so called." . Princ. of nat. laiu, I vol. page 196 199. These reflections of the learned and benevolent professor, deserve great consideration, in estimating the claims of belligerent powers to interfere in the commerce of neutral nations. The law of nations, as it is called, partakes too largely of articles imposed by the stronger on the weaker powers : but these can never abrogate the eter- nal laws of reason and justice. It is also worthy of observation, that those ar- ticles may be so altered, that the amendments will have a direct tendency to discourage wars, and consequently to promote the blessings of peace. " But I will conclude with that which I find reported by sir John Davis, who was the king's sergeant ; and so, by the duty of his place, would no doubt maintain, to the uttermost of his power, the king's prerogative royal ; and yet it was by him thus said, in those reports of his upon the case of tanlstry customs" " That the kings of England always have had a monarchy royal, and not a monarchy signoral ; where, under the first, saith he, the subjects are free men, and have property in their goods, and freehold and inheritance in their lands ; but, under the latter, they are as villains and slaves, and have property in nothing. And therefore, saith he, when a royal monarch makes a new con- quest, yet, if he receives any of the nation's ancient inhabitants into his pro- tection ; they, and their heirs after them, shall enjoy their lands ?.nd liberties according to the laws." And there he voucheth this precedent and judgment following, given before William the conqueror himself, viz. " That one Sberborn, at the time of the conquest, being o\vner of a castle and lands in Norfolk) the conqueror gave the same to one Warren a Norman ; and, ( 34-1 ) the people have no share, J is proved to be, by reason and the experience of all ages and countries, cannot be a rightful or legal power. For, as an excellent bishop of the church of England argues, Sbarlorn dying, the heir claiming the same by descent according to the law, it was, before the conqueror himself, adjudged for the heir, and that the gift thereof by the conqueror was void. 7 ' r PARL. DEBATES, 7 vol.pjge. 304. See also Ptfffttvbrftlj&t of nature and nations, book. 3. chap. 8. and book. 2. chap. 6. \ " In a free state, every man, who is supposed a free agent, ought to be, In some measure bis own governor, and therefore a branch, at least of the legislative foiver ought to reside in the ivbole body of the people. And this power, when the ter- ritories of the state are small and its citizens easily known, should be expressed by the people in their aggregate or collective capacity, as was wisely ordain- ed in the petty republics of Greece, and the first rudiments of the Roman stat^. But this will be highly inconvenient, when the public territory is extended to any considerable degree, and the number of citizens is increased. In so large a state as ours, it is therefore very wisely contrived chat the people should da that by their representatives, which it is impracticable to perform in person." I BtACKSTONFj IjS. IJp. The above quoted words are sufficient of themselves to refute the notion of " virtual representation" of Americans in parliament. As to the argument drawn from the similitude between the case of those in England, not qualified to vote by their property, though possessed of a consider- able share, as proprietors of the funds -- the East-India company -- mer- chants ---- manufacturers, &c. and the case of colonists, the true answer is, that there is no resemblance whatever between the cases. A few propositions will prove it : but it may be proper to premise 1st. If representation was intended by the constitution of England, a complete representation was intended ; for the reason of having any, requires having a complete one, *s bting the best. r See Davis's reports, Lond. 1628. page 41. J " the ends of government cannot be answered by a total dissolution of all happiness at present, and of all hopes for the future." 2cUy. If a complete representation was intended by the constitution, every defect in the representation, is against the intention of the constitution. 3dly. If a re- spectable part of the people in England is not represented, /'/ is a defect. 4thly. If therefore, the intention of the constitution is to be regarded as the constitution, it in- volves a plain absurdity , to infer a greater defect being constitutional, from a tmteUerdc* feet which is unconstitutional. Jthly . The intention of the constitution must be regard- ed, and practices inconsistent with its design, must be amended by it, if the happiness which it means to promote and secure, is to be regarded. 6th ly. If there ia not such a representation in England, as the constitution requires, there ought to be. As to the resemblance above supposed. 1st. If many inhabitants of England HAVE NOT a right to vote in the choice of members of the house of commons, there are many who HAVE. adly. Not one inhabitant of the colonies, has that right. 3dly. Some representation is better than none, though a complete one can- not be obtained. The first, is a defect of mode, the latter an extinction of the sub- stance. There is, to a nice observer of nature, a perceptible difference between a deformed man and a DEAD man. 4thly. Proprietors of the funds, &c. tho' they have no right to such vote, as proprietors, &c. may yet have it under ano- ther character, as freeholders , &c. Jthly. When acting as freeholders, \&c. they may take care of their interests as proprietors, Is'c. for 6thly. Their being pro- prietors, &c. does not disqualify them, from acquiring and enjoying a right to t>uch vote by becoming freeholders, &c. but ythly. Ey acquiring and enjoying a right to such vote, the colonists must cease to be inhabitants of the colonies Sthly. Their being inhabitants of the colonies therefore disqualifies them from acquir- ing and enjoying the right to such vote. pthly. If those not intitled to such vote in England were not bound by statutes made there, they would not be bound by statutes, nor taxed at all, though possest of great property but lothly The colonists are bound and taxed by the acts of their assemblies. llthly. Even those not intitled to such vote in England, and incapable of obtaining it, have this protection, that representatives and their electors are bound by the laws made, as well as the rest of the people and the connections between the representatives , their electors , and the rest of the people, all living together in the same kingdom, t HOADLEY'S Disc, on government. ( 343 ) THE just inference therefore from these pre- mises, would be an exclusion of any power of par- liament over these colonies, rather than the admis- sion of an unbounded power. are so many and so intimate, that even the actually unrepresented cannot be af- fected, unless the representatives and their electors are affected also. lathly. To- tally different is the condition of colonists, if bound by statutes generally. By tiie acts of parliament for raising a revenue in America, the commons use the words, "give and grant." Can men give and grant what, they have not? Did any of those acts take a single penny out the pocket of a single giver zndgrantor? No. So far from it, th&t if there is any truth in the proverb, and money saved is money got, these " dona ferentes" gentlemen put money into their pockets by their s " loyal and dutiful" generosity. Every individual of them acquired by bestowing. Pretencions thus to give, are such contradictions to fact and sense, that in making them a sanction of injustice is sought from a principle of the con- stitution, and in describing them, a solecism in speech becomes a proper expres- sion. It must be acknowledged however, that the commons are more than sound divines, for they improve upon the text, c and" count their loss for gain." Statutes might grind us, while not an elector in England would know or re- gard our sufferings if acquainted with them, he might think the statutes inflict- ing them, JUST and POLITICAL. An open avowal has been made in parlia- ment that it is u " the indispensiUe duty of parliament, TO TAX THE COLO- NIES ;'// order to ease the gentry and people of Great-Britain" Let not Americans ever forget the lordly words ! To understand them fully we should consider Our dispute includes not only the present taxes laid upon us. The univer- sal property of England was interested in mr. Hampdens suit, about a few shil- lings. If the ciown had a right to those shillings, it had a right to every shilling of every man in the kingdom. Great-Britain is about ONE HUNDRED AND FORTY MILLIONS OF POUNDS STERLING in debt. If she can pay s Preambles to statutes for raising a revenue in America. c Pbilippians iii 7. u These words are extracted from the protest of the lords on the repeal of the American stamp-act sec. 6. 6 1 lorJ< were against the repeal, 33 of them signed the protest. ( 34,4, ) WE well know, that the colonists are charged by many persons in Great-Britain, with attempt- ing to obtain such an exclusion and a total hide- any fart of that debt, by taxing us, she may pay the whole by taxing us, if we can raise the money. If we cannot, yet as we are upbraided continually in pamphlets and papers with the richness of our houses, our furniture, our equi- page, our tables, and our dress, she may be made to think we abound too much in these conveniences. If we are reduced to the condition of French peasants, iC is no matter. We belong to the people of Great-Britain : and all British sub- jects but Americans, may do what they please with their own. " It is her indis- pcnsible DUTY," say their lordships, " to ease herself by taxing us ;" and sure- ly there is virtue enough left in a British parliament, notwithftanding all the dreadful intelligence British writers send us over, to perform that " duty," ex- actly. But this is net all. There are certain wicked Frenchmen and Spaniards, that in every period of twenty or thirty years oblige Great-Brituin to add thirty or forty millions to her debt. Upon an average, since the revolution, she runs annually in debt about a million and an half. Can it be expected, her ministers will be kinder to us, than they have been to her ? Where will the demand upon us, where will our wretchedness flop, if \ve have not resolution enough to defend ourselves ? A statute intended to have force on the people of Great-Britain, is the case of A STATE acting upon ITSELF. A statute intended to have force on the peo- ple of America, is the case of ONE state acting upon ANOTHEK. The people of Great-Britain, who in the first case are subjut to the ftatute in the second, arc the absolute sovereigns 'who impose it on others. " Virtual representation" then, as applied to colonists is, to borrow expres- sions of the excellent archbishop Tillitscn, on another occasion, altering only two words " an absurdity of that monstrous and massy weight, that no hu- man authority or wit are able to support it. It will " make the very pillars of St." Stephen's " crack, and requires more volumes to make it good than Would fill" Westminster-Hall. ( 345 ) pendence on her. As well we k^ow the accusation to be utterly false. We are become criminal in the sight of such persons, by refusing to be guilty of the highest crime against ourselves and our poster- ity. Nolumus leges Anglice mutari. This is the rebellion with which we are stigmatized. [We have commited the like offence, that was objected by the polite aud humane Fimbria, against a rude senator of his time. We have " disrespectfully refused to receive the ivbole weapon into our bo- dy." We could not do it, and I he. But that must be acknowledged to be a poor excuse, equally inconsistent with good breeding and the supreme legislature of Great- Britain.^ FOR these ten years past we have been inces- santly * attacked. Hard is our fate, when, to escape the character of rebels, we must be degraded into Yet this tnoft despicable notion has been thtfretaut, for our fellow subjects* clapping muskets to our breads, and taking our money out of our pockets. *4Geo. 3, chap. 15. 4. Geo. 3, chap. 34.5. Geo. 3, chap. 12. 5 Geo. 3, chap. 45. 6 Geo. 3, chap. 13. 6 Geo. 3, chap. 52. 7 Geo. 3, chap. 41. 7 Geo. 3, chap. 46. 7 Geo. 3, chap. 59. 8 Geo 3, chap. 11. The resolves that colonists may be tried in England under the 35 Hen. 8. The blockade of Boston the Rhode-Island court, &c. &c. v " Win their hearts, and you may soon have their Lands and purses" was the advice of old lord Burlci^b to queen FAlzabdh. She \vas wise enough to take it. The world knows the consequences. VOL. i. 2 U that of slaves : as if there was no medium, between the two extremes of anarchy and despotism, where innocence and freedom could find repose and safety. Why should we be exhibited to mankind, as a people adjudged by parliament unworthy of free- dom ? The thought alone is insupportable. Even those unhappy persons, who have had the misfortune of being born under the yoke of bondage, imposed by the cruel laws, if they may be called law r s, of the land, where they received their birth, no soon- er breathe the air of England, though they touch her shore only by accident, * than they instantly become freemen. Strange contradiction, f The same kingdom at the same time, the asylum and the bane of liberty. The statutes .since the 8th year of this reign, relating to the colonies, follow one another much in the same quick manner as before : hut they could not be collected. Many of the statutes here mentioned, particularly those relating to the admiralty courts and the commissioners of the customs, are connected with a multitude of other statutes, by being compared with which, the artifices nyill appear, that gradually departing from the laws of England, have at length invested these courts and commissioners with such nev/, unreasonable, uncon- Ititational and dangerous powers. * Somerset's case. f- To this contradiction, the following may be added Her policy at once to keep peace with her natural tnemus, and to provoke her natural friends > whose assistance one day 'and that day seems to be approaching in the vicissitudes of human affairs, great as she is, she may want ; her interests, as she thinks. ( 347 ) To return to the charge against us, we can safely appeal to that Being, from whom no thought can be concealed, that our warmest wish and utmost am- bition is, that we and our posterity may ever remain subordinate to, and dependent upon our parent state. This submission our reason ap- proves, our affection dictates, our duty commands, and our interest inforces. IF this submission indeed implies a dissolution of our constitution, and a renunciation of our li- berty, we should be unworthy of our relation to her, if we should not frankly declare, that we regard it with * horror ; and every true Englishman will ap- to protect and to oppress PROTESTANT countries to abhor a large standing army, and yet voluntarily to put herself under the absolute necessity, of per- petuating an immensely large one, to govern the many millions of slaves she ex- pects soon to have on this vast continent. Two of the shrewdest, though not best, emperors, that ever lived, Augustus and Tiberius, prohibited every man of distinction from setting his foot in Egypt, w because of the importance of that province to Rome. But Great-Britain, as if these numerous provinces, much more remote from her, than Egypt from Rome, were of little consequence, will- ingly obliges herself to trust a mighty armed power into the hands of a subject, in these colonies, the tempting interest of which subject and of the people, may engage them to unite in establishing an independent empire, on her own model. Great-Britain ought not to forget, that Rome was ruined by keeping standing armies in her provinces. * The Priwrnates had revolted from the Rsmans, but were reduced. The question was, what judgment should be given against them. This is account of the glorious affair, in the 2i(l chapter ef his 8th book. w Tac. plaud this just distinction and candid declaration, [Our defence necessarily touches chords in unison with the fibres of his honest heart. They must vir brate in sympathetic tones. If we, his kindred, should be base enough to promise the humiliating subjection, he could not believe us. We should suffer all the infamy of the engagement, without finding the benefit expected from being thought as. contemptible as we should undertake to be.] BUT this submission implies not such insupport^ able evils : and our amazement is inexpressible, when we consider the gradual increase of these colo- " Quum ipsa per se res anceps esset, prout cujusquc ingenlum erat, atrocius fnitiusve suadentibus ; turn incertiora omnia unus ex Privernatib.us legatis fe- cit, magis condkionis, in qua natus esset, quam praesentis necessitatis, memor: qui, interrogates a quodam tristioris sentential auctore, quam panam meritos Pri- uernatcs cenceret ? earn, inquit, quam mcrentur, qui se libertate digrtos cement : cujus qHum feroci response infestiorea factos videret consul eos, qui ante Privernati- um causam impugnabant ; ut ipse benigna interrogatione mitius responsum eli- ceret, ^uid, si pcenam, inquit, remittimus vobis, qualem nos pacem iiobiscum habituros speremui ? Si bonam dederitls, inquit, Iff jidam, tfJ* perpduam : si malam y baud diu- turnam. Turn vero minari, nee id ambigue Privernatem quidam, & illis vo- cibus ad rebellandum incitari pacatos populos, pars melior senatus ad meliora responsun^ trahere, & dicere, viri, ty liberl^ vocem auditam, an credi posse, ullum populum, aut hominem ddnique, in ea conditions, cujus eum pteniteat, diutius, quam ne- case sit, mansurum ? Ibi pacem cssejidam, ubi voluntarii pacati tint : neque eo loco, vbi servitutcitt esse vdint,Jidcm spcrandam esse. In hanc sententiam maxime consul ipse inclinavit-animos, identidem ad principes sententiarum consulares, uti ex- audiri posset a pluribus, dicendo, Eos demum, qui ni'inl, prceterquam de libertate^ cogiteni, dignos esse, git: Romani Jiant . Itaque & in senatu causam obt'nuere, & ex auctoritate Patrum latum ad populum cst, ut Privernatibus CIVITAS TUR." ( 349 ) nies, from their slender beginnings in the last centu- ry to their late flourishing condition, and how pro- digiously, since their settlement, our parent state has advanced in wealth, force and influence, till she is become the first power on the sea, and the envy of the world- that these our better days should not strike conviction into every mind, that the freedom and happiness of the colonists are not inconsistent \vith her authority and prosperity. THE experience of more than one hundred years will surely be deemed, by wise men, to have some weight in the scale of evidence to support our opini- on. We might justly ask of her, why we are not permitted to go on, as we have been used to do since our existence, conferring mutual benefits, thereby strengthening each other, more and more discovering the reciprocal advantages of our con- nection, and daily cultivating affections, encour- aged by those advantages ? [WHAT unknown offences have we committed against her within these ten years, to provoke such an unexampled change in her conduct towards us ? In the last war, she acknowledged us repeatedly, to be faithful, dutiful, zealous and useful in her cause. Is it criminal in us, that our numbers, by the favour of Divine Providence, have greatly in- increased ? That the poor choose to fly from their ( 350 ) native countries in Europe to this continent ? Or ? that we have so much improved these woods, that they are not only very valuable to us, but also high- ly beneficial to Britain herself? IT cannot with truth be urged, that projects of innovation have commenced with us. Facts and their dates prove the contrary, f Not a disturbance has happened on any part of this continent, but in consequence of some immediately preceding provo- cation. To what purpose ? The charge of our affecting one great, or many small republics, must appear as contemptible a madness to her, as it does to us. Divided as we are into many provinces,! and inca- j- " The winds lift up the waves," said a wise man yet we read of a weak man, who scourged waves but he had not raised them. To excite commotions, and then to scourged/or being excited, is an addition to the wildness of a Xerxes, reserved more particularly to distinguish the present age, already sufficiently notorious hy the injuries offered to the rights of human nature. \ The genius of a JSeecaria, suggested to him the condition of a large em- pire verging into servitude the only plan for saving it, and the diffi- culty of executing that plan. "An overgrown republic (says he) can only be saved from despotism, by subdividing it into a number of confederate republics. But how is this practicable ? By a despotic dictator, who with the courage of Sylla, has as much genius for building up, as that Roman had for pulling down. If he be an ambitious man, his reward, will be immortal glory ; if a philosopher, the blessings of his fellow citizens will sufficiently console him for the loss of authority, though he should not be insensible to their ingratitude." pable of union, except against a common danger, she knew, that we could not think of embarking our treasures of tranquility and liberty, on an ocean of What was argument in Italy, is reality to Great-Britain, with this additional circumstance in her favour, that she must always continue, if she wisely con- ducts her affairs, though less than all, yet greater than any. ^ The immense advantages of such a situation, are worthy the closest attention of every Briton. To a man, who has considered them with that attention, perhaps it will not appear too bold to aver, that, if an archangel had planned the connection be- tween Great-Britain and her colonies, he could not have fixed it on a more last- ing and beneficial foundation, unless he could have changed human nature. A mighty naval power at the head of the whole that power, a parent state, with all the endearing sentiments attending the relationship that never could disoblige, but with design the dependent states much more apt to have feuds among themselves she the umpire and controuler those states producing every article necessary to her greatness their interest, that she should continue free arid flourishing their ability to throw a considerable weight into the scale, should her government get UNDULY POISED she and all those states PROTESTANT are some of the circumstances, that de- lineated by the masterly hand of a Beccarla, would exhibit a plan, vindicating the ways of heaven, and demonstrating that humanity and policy are nearly related. An Alexander, a Ciittjntes, and other mon.y transactions, which will greatly in- crease this influence ; and that over those persons whose attachment, on ac- count of their wealth, is frequently the most desirable. All this is the natu- ral, though perhaps the unforeseen, consequences of erecting cur funds of cre- dit, and to support them, establishing our present perpetual taxes : the whole of which is intirely new since the restoration in 1660 ; and by far the greatest part bince the revolution in 1688. And the same may be said with regard to VOL. i. 2 W unsuspecting duty* to labour in contributing to elevate her to that exalted station, she holds among the nations of the earth, and which, we still ardently desire and pray, she may hold, with fresh accessions of fame and prosperity, till time shall be no more. liow much it would be judged by some for the interest of Great-Britain, if a pestilence should sweep off " a million and a half" of us. These wonderful lucubrations have not escaped us. But here we are, by Divine Providence, three millions of souls. What can be done with us ? If we were to be considered, the officers in our numerous army, and the places which the army has created. All which put together, gives the executive power so pursuasive an energy with respect to the persons themselves, and so prevailing an interest with their friends and families, as will amply make amends for the loss of external pre- rogative. " But, though this profusion of offices should have no effect on individuals, there is still another newly acquired branch of power ; and that is, not the in- fluence only, but Deforce of a disciplined army : paid indeed ultimately by the people, but immediately by the crown ; raised by the crown, officered by the crown, commanded by the crown. They are kept on foot it is true only from year to year, and that by the power of parliament ; but during that year they must, by the nature of our constitution, if raised at all, be at the absolute dis- posal of the crown. And there need but few words to demonstrate how great a trust is thereby reposed in the prince by his people. A trust, that is more than equivalent to a thousand little troublesome prerogatives. " Add to all this, that, besides the civil list, the immense revenue of almost se- ven millions sterling, wkich is annually paid to the creditors of the public, or carried to the sinking fund, is first deposited in the royal exchequer, and thence issued out to the respective offices of payment. This revenue the peo- ple can never refuse to raise, because it is made perpetual by act of parliament ; which also, when well considered, will appear to to be a trust of great delicacy and high importance." I BLACKSTONE'S COM. book I. chap. 8. page 334 336. * It has been suggested," that subjects sometimes err, by not believing that princes mean as well as they do." But the instances are numerous, where prin- ces and their courtiers err, by nt>t believing, that subjects mean as well as they do, ( 355 ) THESE being our sentiments, and, we are fully convinced, the sentiments of our brethren through- out the colonies, with unspeakable affiiction, we only as 15 PROTESTANT allies, we ought to be esteemed by a wise people. Such a people certainly would not be careful to disunite us from their interest- to make us foes when they might have us friends. Some states have thought it true policy to grant greater indulgences to remote dominions, than were en- joyed by themselves : and this policy has been much applauded. The enjoy- ment of valuable privileges by inferior states, under the protection of a supe* rior, is a strong bond of dependence. Why should we prefer a dependence on Great-Britain to a dependence on France, if we enjoy kss freedom under the for- mer, than we may under the latter ? " Firmissimum imperittm, quo oledientes GAU- DENT,' or as lord chief justice Cole expresses it, in his comment on the 2jth of Edivard the third, " the state of a king standeth more assured by the love and favour of the subject, than by the dread and fear of laws, &c." a Ought z Great-Britain put herself to a very considerable expence last war in de- fence of Portugal, because that kingdom was her ally, and she derived, great advantages from an intercourse with her. But what are those advantages or the affections arising from them, when compared to the advantages and affec- tions that connect these colonies with Great-Britain ? Words cannot express the surprize, that men free from passion must feel, on considering her impolicy, in labouring to disjoin from herself the only true friends she has in the world. If her ministers were pensioners of France and Spain, they could not pursue measures mort pleasing and advantageous to those kingdoms. a " During all our happy days of eoncord, partly from our national moder- ation, and partly from the wisdom, and sometimes perhaps frem the careless- ness of our ministers, they have been trusted in a good measure with the en- tire management of their affairs ; and the success they have met with ought to be to us an ever memorable proof, that tbr. inn art efgoventfttnt consists in not governing too much. And why should friendship and gratitude, and long at- tachments, which inspire all the relish and sweetness of private life, be suppos- ed to be of no weight in the intercourse between great communities ? These are principles of human nature, which act with much greater certainty on numbers than on individuals. If properly cultivated they may to. us be pro- ductive of the noblest benefits ; and, at all events, will neither lessen the ex- tent of our power, nor shorten the duration of it." Bishop of St. ASAPH'S Sermon, page 13. If rulers would but listen to the voice of reason and experience, they would learn this important truth, that men are more easily and effectually governed by mildness than by severity. ( 356 ) find ourselves obliged to oppose that system of do- minion over us, arising from counsels pernicious both to our parent and her children to strive if it be possible, to close the breaches made in our former concord and stop the sources of future ani- mosities. And may GOD" Almighty, who delights in the titles of just and merciful, incline the hearts of all parties to that equitable and benevolent temper, which is necessary, solidly to establish peace and harmony, in the place of confusion and dissension. THE legislative authority claimed by parliament over these colonies consists of two heads firft, a general power of internal legislation ; and secondly, a power of regulating our trade ; both, she con- tends are unlimited. Under the first, may be inclucl- Great-Brttain to despise the advantages she actually receives ivitb safety from us, because by the adoption of Spanish maxims, she might ivith danger extort more ? It is the duty of every colonist to oppose such maxims. They threaten ruin to our mother country and to us. We should be guilty of treason against our sovereign and the majesty of the people of England, if we did not oppose them. England must be saved in America. Hereafter, she will rejoice that we have resisted and thank us for having offended her. Her wisdom will in a short time discover, the artifices that have been used by her worst enemies to enflame her against her dutiful children ; that she has supported not her own cause, but the cause of an administration ; and will clearly distinguish, which will most conduce to her benefit, safety, and glory, tvell treated and affectionate colonies, or millions cf slaves, an unnatural increase of her standing forces, and an addition to the inf,:;* wee of the crcivti, defying all calculation. ( 357 ) ed among other powers, those of forbidding us to fworship our Creator in the manner we think most acceptable to him imposing taxes on us collecting them by their own officers inforcing the collection by admiralty courts or courts martial abolishing trials by jury establishing a standing armyj among us in time of peace, with- f See Canada bill. \ The army under the command of general GAGE, in the province of Mns- sacbusetts-Bay alone, amounts to several thousand men kept there -without foment of their assembly, and to be augmented as the general shall think proper. " I must own, sir, I can see but one reason for raising at this present juncture, this additional number of troops, and that is to strengthen the hands of the minister against the next elections, by giving him the power of disposing of (ommissions to the sons, brother ?, nephews, cousins, and friends of such as have in- terest in boroughs into some of which perhaps, troops may be sent to procure the free election of their members, in imitation of the late Czarina sending her troops into Poland to secure the free election of a king. " But still there is one thing more fatal than all I have yet named, that must be the consequence of so great a body of troops being kept on foot in England, and -will It the finishing stroke to all our liberties. For as the towns in England will not be able much longer to contain quarters for them, most of those who keep public houses being near ruined by soldier's billeted on them ; so on pr^h'nce ofihc necessity of it t barracks will be built for quartering them, which will be as so many fortresses ivitb strong garrisons in them, erected in all parts of England, ivhiJi tan tend to nothing, but by degrees to subdue and enslave the kingdom. " But if ever this scheme should he attempted, it will be incumbent on every Englishman to endeavour to prevent it by all methods, and as it would be tie last stand that could be ever made for our liberties, rather than suffer it to be put in execution, IT WOULD BE OUR DUTY TO DRAW OUR SWORDS, AXD NEVER PUT THEM UP, till our liberties iuere secured, and the authors of our intend- out consent of our assemblies paying them ed slavery brought to condign punishment- I hope I Shall be forgiven, if (luting the debates I shall take the liberty of speaking again ; for 1 am determined tofght inch by inch, every proposition that tends, as I think this does, to the enslaving my country." Lord Viscount GAGE'S Speech in 1739. Parl. Deb. book nth, pag. 388. See Montcsq. on standing armies. A minister declared in the house of commons, that he should " alway* consider it as a part of the constitution, that the military fhould act under the civil authority." But, by order, the commander in chief of the forces has pre- cedence of a governor, in the province under his government. By his majesty's order, transmitted in a letter dated the 9th of February, 1765, from the secretary of state to the commander in chief, it is declared, " that the or- ders of the commander in chief, and under him, of the brigadiers-general, commanding in the northern and seuthern departments, in all military affairs, shall be SUPREME, and must be obeyed by the troops, as such, in all the eivil governments in America. That in cases, -where no specific orders have been given by the commander in chief, or by the brigadier-general commanding in the district, the civil governor in council, and where no council there subsists, the civil governor, may, for the benefit of bis government, give orders for the marching of troops, the disposition of them, for making and marching detach- ments, escorts, and such parely military services within his government, to the commanding officer of the troops, 'who is to giW>/, to prohibit us from raising- grain for our food; for the principle that supports one law, will support the other. What a vast demand must be made on her for this article, and how firmly would her dominion be established, if we depended wholly on her for our daily bread ? Her modern writers consider colonists as slaves of IN our provincial legislatures, the best judges in all cases what suits us founded on the im- Great-Britain shut up in a large workhouse, constantly kept at labour, in procur- ing such materials as she prescribes, and wearing such clothes as she sends. Should she ever adopt the measure abovementioned, and on our complaints of grievances, withhold food from us -what then ? why then, on her principle- it would be our right TO BE STARVED. To say in such casc\~vc should have any other right, would be a " trailerous and rebellious denial of the supreme legis- lature of Great-Britain" for she" has power of right to bind us by statutes in all eases whatsoever." Let not any person object that the supposition of such a case is the suggesti- on of fancy. The Carthaginians, those masters in the sublime politics of commerce politics that have produced so many dreadful scenes upon earth, forbad the Sar- dinians to raise corn, in order to keep them in due subjection. The East-Indies t St. Vincents, the proceedings at Rhode- Island, and the Boston act, &c. give rise to many alarming apprehensions in America. There are few men on this con- tinent would be as much surprized at that measure, as at some late measures. The beginning justifies any apprehensions. Power debauches the affections The improbability of cases happening, is no answer in such important conside- rations. The laudable spirit of commerce may be inflamed into rapacity and cruelty in a nation as well as in an individual. We must regard the POW- ER claimed by Great-Britain, not solely her ivi/lor contingencies depending on that if/7/. If she affixes no limits to her fo-wer, why should we affix any to its effects ? " I know (says mr. Hoadly) it is next to impossible, that any such case should happen : but if buch things be said, and such cases, in effect, be put, it is necessa- ry to speak, up'-n the supposition of such cases. And methinks it is but a narrow spirited proceeding in us to go just no farther in our notions, than a compliance with our oivn present condition for ceth us ; to exclude from our regard the condi- tion of all other nations, and all cases, but just that, which hath happened last of all in our own." That the plan of governing us, by withholding necessaries of life, has been con- sidered, and in what light colonies arc viewed at home, the following extract* will partly shew. VOL. i, 2 X ( S62 ) mutable and unalienable rights of human nature, the principles of the constitution, and charters and " It appears that the original and grand evil attending them was, the settle- ment of so considerable a part in a climate incapable of yielding the commodities wanting in Britain. " These northern colonies, long after their disadvantageous nature was known, were continually increased by fresh migrations from Europe ; which, as I before observed, ought totally to have brcn prevented, and such migrations have been en couraged only to the beneficial colonies. " Since the late war, Britain laid the trade of the colonies under some very- strict regulations, which certainly cut off many inlets by which they formerly received much Spanish and Portuguese coin. The principle upon which such re- gulations were formed, of securing to the mother country alone all matters cf commerce^ I have already attempted to prove just and necessary. " When once their supernumeraries are become manufacturers, it will re- quire more than British policy to convert them into planters. "* l I must think this point of such great importance, as to extend probably to the annihilation of manufactures in our colonies To conclude, it is in the proposed settlement on the Ohio we must first look for hemp and flax ; as such great numbers of the old American farmers have removed and settled there, which may, in those fertile tracts, be cultivated in such abundance, as to enable us to undcrsel all the world, as well as supply our own consumption. It is on those high, dry, and healthy lands that vineyards will be cultivated to the best ad- vantage, as many of those hills contain quarries of stone, and. not in the un- healthy sea-coasts of our present colonies. To these we should bring the set- tlers from Europe, or at least suffer none to go north of New-York ; by which means our numbers would increase in those parts, where it is our interest they should increase ; and the report of the settlers from the new colony on the Ohio, would be a constant drain of people from our unprofitable northern ones, by which means they would, in future times, as well as the present, be prevented froM extending their manufactures. " What I shall therefore venture to propose, is, that the government, through the means of a fcrv merchants acquainted with the American trade, that can be grants made by the crown at periods, when the power of making them w~as universally aeknow- tolerably depended upon, should establish factors at Boston, Philadelphia, Neiv- Turk, and a few other ports, for the sale of such cargoes of British manufactures as should be consigned to them ; and to consist of such particularly as tvsre most manufactured in the province, with directions immediately and continually to tin- dcrsel all such colony manufactures. By this means the operation of the sue- t-ceding measures, from, the number of hands rendered idle, would be so much the easier to be executed. " The ships which carried out such cargoes should be large bulky ones, of eight, nine hundred, and one thousand tuns burden, for the sake of bringing large quantities of deals, &c. back, at a lefs proportionate expence ; and pre- vious to their arrival in America, cargoes of these should be ready for them. The colonists should be engaged to work their iron mines, and get the pro- duct ready in bars, &c. and vast quantities of deals and squared timber ready for loading the ships : all which, on the certain and immediate prospect of a sale, would easily be effected ; as it is well known they have more than once proved to the legislature, that they could supply all Europe with these articles, had they but the demand. " But I laid it down as a rule to proceed upon, that trade, filling, and manu- facturing, were put an entire stop to among the colonies. " If the sugar islands contained ten millions of people, as a^titute of necessa- ries as they are at present, Britain would be as sure of their allegiance as ske is at present provided no power more formidable, than herself at sea arose for their protection. " The first dependence of our colonies, as well as all their people, is, to change the terms a little, upon corn worked into bread, and iron wrought into implements ; or, in other words, it is upon necessary agriculture and neces- sary manufactures ; for a people who do not possess these, to think of throwing off the yoke of another who supplies them ivith them, is an absurd idea. This is precisely the case with our sugar islands. Let us suppose the continental colo- nies to be as happy in the necessary agriculture as they really arc, but to be abso- lutely without man:>fact:ires, could they throw off their allegiance to Britain, nc ledged by the parent state, a power since frequently recognized by her, subject to the controul of their numbers what they would ? No, certainly ; for that is nothing more than supposing they should throw off their allegiance to hoes and spades, and coats and shoes, which is absurd to imagine : can any one imagine that a rebel- lion can be carried on among a people, when the greatest success mud be at- tended with the loss of half the necessaries of life ! " The following, among other effects relative to this point, would be the consequences of the flan sketched out in the preceding section. " The people would depend on Britain for those necessaries of life which re- Jult from manufactures. " The cultivation of staples would be more profitable to them than any other employment whatever. " The sale of those staples would depend on Britain. " The people would all be spread over an immense country as planters ; none of them collected in towns. c " To which circumstances I shall add, in respect to Britain 's further po- licy. " That she should abide by the boundaries fixed already to the old colonies, that of the rivers heads ; and all further settling to be in ne-w colonies, where- ver they were traced. " That she should keep the inland navigation of the continent, that is, of all the great lakes and navigable rivers, to herself, and not suffer any sets of men c " This point, which is of infinite importance, would pretty fully be occasi- oned by other parts of the plan. But, to ensure so great a point, no new towns should be suffered, nor even villages ; than which nothing cculd be easier to manage : nor would they be any where necessary, but by the magazines of na- val stores for loading ships. All possible decrease of numbers in the cities al- ready inbeir.g, should be effected. So systematically absurd is it to found towns and cities, as Britain has hitherto constantly done, in all the colonies she has formed." the crown, as by law established, is vested the ex- clusive right of internal legislation. to navigate them, and thereby communicate from one part of the continent to another. " That she should never suffer any provincial troops or militia to be raised, but reserve entirely to herself the defence of the frontiers, d " That she should throw whatever obstacles she could, upon all plans of communication from colony to colony, or conveniencies of speedy removals from place to place. 6 " That in proportion as any colony declined in staples, and threatened not to be able to produce a sufficiency of them, the inhabitants should receive such encouragement to leave it, as more than to drain its natural increase, un- less new staples were discovered for it. " This is noiv the case with those I have distinguished by the title of the northern colonies ; insomuch that Nova-Scotia, Canada, Neiv-England, Nciv- Tork, Netv-Jeney, and Pennsylvania, would be nearly of as much benefit to this country BURIED IN THE OCEAN, as they are at present." Political Essay*, published in Louden, under ministerial patronage. The conduct of administration corresponds exactly with the sentiments of this modern writer, and with the measures pursued by Plilip the second of Spain against the LOIV Countries. The reasons given by one in administration for attacking the colonies, feem to be copied ; with some small alterations on ac- count of religion , from the famous advice of the unfeeling d .ke of Aha, that " specie retinendas dignitatis," cost his master, his glory, his happiness, and hii provinces and sunk his country into distresses, from which she is not yet re- " Specie tuendi finium, jugum liberis provinciis meditatur." STRADA, lib. 2. e Thus Rome divided Maccdon into several departments, and forbade their intercourse with one another ; that is, not only with thc'ir o^vn countrymen, but even with their iclations and friends, residing in a different department. SUCH a right vested in parliament, would place us exactly in the same situation, the people of Great- covered. " At vero dux Albanas ARMA & ULTIONEM, contemleb.it, us-.'cum Izesx auctoritati principis remedium. Quippe ceteris artibus ac diuturna faci- litate nihil aliud efFeccum, quam ut regi cbedientia, rebellious timor adimere- tur. Postulasse frlnclpio Belgas, ut Hispanus e provlncia miles exced-;ret -. id scilicet unum deesse constantes ad quictem populorum. Num propterea, Imps- trata externorum miss'ione quievisse ? An potius & confidentius efflagitasse, ut clavo deturbaretur GRANVELLANUS. At uniu* forte naufragio complacatos fuisse ventos. Quin immout liccntia crcscit facilius homines a nostra facilita- te securi llbdlh deridiculis > faglgiosis conipirationibus improbis palam carmini- bus minis precibus armatls extorcerent quod averent obstinatis invrrec^nJ.*: legationibus Hispaniam FATIGARENT Hie quoque visum clementiae princi- pis aliqua indigna posccntibus indulgere. Enim vero quid ex ilia indulgentia relatura, nisi ut votorum ubique compotes, non parendo ; subditos sese oblivis^ cerentur, obseqium dediscerent, atque exuta principis reverentia, communicata provinciarum defectione, tanquam culpas societate tutiores, humana omnia con- trectats semel libertati post haberent. Nunc vero non unlus dvitatis, sed fro- vlndarum consensu peccatum esse in regem. Nee quia rebelles in presentia conquiescant, minus ferociae animis inesse, resumpturos atique vires, ubi melunt vltionis abjecerint. Sic ille PRONUS AD ASPERIORA, disserebat." STRADA de bello Sefguo t \&. 6. It is evident that the Brlilsl ministers have diligently studied StraJj. and the other authors who have transmitted to posterity the pleasing and instruc- tive annals of Philippic policy, as every measure they have taken, is founded on a precedent fet by that celebrated school of humanity. Aha is the favourite master on his conduct they keep their eyes steadily and reverently fixed, and it may truly be said they follow him with no une- qual steps. Great, good, and wise men ! whom fome future Puffendorf or Tem- ple will duly celebrate. " In 1564, GRANVILLE was removed from the council, to appease the peo- ple. Their joy was short lived ; for as the same measures were pursued, it soon began to be said publicly, that though his body was removed from, bis spirit Britain would have been reduced to, had James the first and his family succeeded in their scheme still influenced the council. Upon application for a relaxation of the edicts, it was said, that moderation bud only made mutters ivorse, and the observation of them \vas again enjoined upon more severe penalties than before. " At length an ASSOCIATION was entered into, for mutually defending each other. This being signed by above 400 persons of quality, who all pro- tested, that they meant nothing but the honor of God, the glory of the king, and the good of their country, they met and PETITIONED, that the proclamation, might be revoked: but die king would consent to no mitigation. Good advice was given to him. But the duke VAlva't violent counsel, ivho proposed tie entire abolishment of tie liberties of tie provinces* was most pleasing, and followed. The cruel duke was sent into the Low Countries with a powerful army. The counts D'Egmont and Horn, were immediately seized, on a pretence that they had underhand, spirited up the people's disajftctisn. They were afterwards exe- cuted. All who had signed the association or petition were declared guilty of S HIGH TREASON, and ans'.verable for what had happened. A council, called; from its cruel proceedings, h THE COUNCIL OF BLOOD, was erected for trying the accused, from ivhich there ivas no appeal. (NoTE WELL) Alva himself tried the accused in their otvn country , where their friends and -witnesses might at- tend them, where the pains of death itself might be mitigated, by seeing with their dying eyes, that they expired beloved and lamented. Here the dis ciples exceed their tutor. This is too great a consolation to be indulged to a colonist. He must be carried 3000 miles across the ocean that he may not only die, but be insulted in his last moments, with the mockery of a trial, where the clearest innocence stands no chance of acquital, and with the for- mality of a sentence founded on a statute past before the colonies existed. On the approach of the army, the prince of Orange and other lords fled; and being summoned to appear before the council, in default thereof were condemned. f " LAY THT.M AT MY FEET." Lord North's speech. S See. Gen. Gage's proclamation. h Resolutions in parliament for trying coloniots in England. Rhode Island Court. Late acts for Massachusetts-Bay. of arbitrary power. Changing the word Stuarts for parliament, and Britons for Americans, the and their estates confiscated. Aha treated all, the innocent and guilty with such rigor, that it gave rise to the following saying of a Spanish officer " Harcttci fraxerunt templa ; boni nihil faxerunt contra : ERGO omnes debent patibttlari" Pujfendorf's introduction Art. " Spain" and " the United Provinces." Sir William Temple's account of the disturbances in the Lotu Countries agrees exactly with the foregoing extracted out of Pujfendorf, hy which it will appear with what a surprizing exactness of resemblance the affairs of the colonies have been carried on by administration. " The war with France being concluded, it was resolved to keep up the troops in these provinces, and that the states should support them, which by a long course of Avar was grown customary." When Philip would have put Spanish garrisons into some of their towns ; and for the sake of their admitting them quietly, gave the command to the Prince of Orange and Count Egmont : they told him plainly, " that all the brave stands they had made against the power of France, availed them but little, if they must at last be enslaved by another foreign power." Puff. " The hatred of the people, the insolence of the troops, with the charge of their support, made them looked upon by the in- habitants in general, as the inttrunttnis oftbfir oppression and slavery, and not of their defence, ivhen a general peace had left them no enemies : and therefore the States be- gan here their complaints, with a general consent and passion of all the nobles, as well as towns and country. And upon the delays diat were contrived or fell in, the states first refused to raise any more monies either for the Spaniards pay, or their own standing troops : and the people ran into so great despair, that in Zealand they absolutely gave over the working at 'their dykes, suffering the sea to gain every tide upon tie country, and resolving, as they said, rather to be devoured by that element, than by the Spanish soldiers ; so that at last the king consented to their removal. Another grievance was the appointment of neitt judges, i and those absolutely depending on the king, &c." i Admiralty courts. Rhode-Islam, court for enforcing the statute of 35 Hen. 8. Act for regulating the government of Massachutetts-Bay. Act for admi- nistration of justice, &c. arguments of the illustrious patriots of those times, to whose virtues their descenclents owe every bless- " GRANVILLE, strained up to the highest his master's authority and the ex- ecution of his commands, while the provinces were resolute to protect the li- berties of their country, against the admission of this new and arbitrary judica- ture, unknown to all ancient laws and customs of their country. The king at last con- sented to GRAXVILLK'S recess. Then all noise of discontent and tumult was appeas- ed. But quickly after the same counsels were resumed. The disturbances then grew j/m/ter than before. But by the prudence and moderation of the dutchess of Parma, the governess, the whole estate of the provinces was restored to its former peace. This dutchess, and the duke of Fcria, one of the chief ministers in Spain, thought and advised, that the THEN PRESENT PEACE OF THE PRO- VINCES OUGHT NOT TO BE INVADED BY NEW oqcAsioNs, nor the royal au- thority lessened, by the king being made a party in a war upon his subjects. But the king was immoveable ; he dispatched Alva into the low country at the head of ten thousand veteran Spanish and Italian troops, under the command of the best officers, which the wars of Charles the fifth, or Philip the second had bred up in Europe ; which, with two thousand more in the provinces, under the com- mand of so old and renowned a general as the duke of Aha, made up a force, which nothing in the low countries could look in the face with other eyes, than of astonishment, submission or despair. This power was for the assistance rf the governess, the execution of the laws, the suppressing and. punishing all who had been authors or fotaentors of the late disturbances. k On his arrival the governess having obtained leave of the king, retired out of the province. The duke of Alvj. was invested in the government, ivitb powers iiever before given to any go- vernor. A council, called the council of blood, 1 was erected for the trial of all crimes committed against the kings authority. The towns stomached the breach of their charters, the people of their liberties, the knights of the golden fleece the ebarter -jf their order, by these new and odious courts of judicature ; all complain of the disuse of tie staffs, m of the introduction of armies, but all in vain. The king k See speeches in parliament, and preambles to the late acts. 1 See note in page 367. m Frequent dissolutions of assemblies and their total uselessness, if parlia- ment taxes us. VOL. i. 2 Y ( 37 ) ing they now enjoy, apply with inexpressible force and appositeness, in maintenance of our cause, and was constant to what he had determined. Aha was in his nature cruel and inexorable. The new army was fierce and brave, and desirous of no- thing so much as a rebellion in the country. The people were enraged, but awed and unheaded. All was seizure and process; confiscation and Imprisonment;' Hood and horror; insolence and dejection; punishments executed, and meditated revenge. The smaller branches were lopt off a pace ; the great ones were longer a hewing down. Counts Egmont and Horn lasted several months ; but at length, in spite of all their services to Charles the fifth, and to Philip, as well as of their new merits in quieting of the pro- vinces, and of so great supplications and intercessions as were made in their fa- vour, both in Spain and Flanders, they were publicly beheaded at Brussels , which *cemed to break all patience in the people ; and by their end to give those commotions a beginning, which cost Europe so much blood, and Spain a great part of the low country provinces. The war begun, Alva had atjirst great *ucces3. Moved with no rumors, terrified with no threats from a Irolsn and unarmed people, and thinking no measures or forms were any more necessary to be observed in the provinces ; he pretends greater sums are necessary for the/./y and retoard of his victorious troops then were annually granted upon the ling's re- quest by the states of the provinces : f JVbfc, Here our ministers have again improv- ed upon Philip*s\ for they have taxed us, without making requests.) n And therefore demands a general tax of the hundredth part of every man's estate, to be raised at once: and for thefuture, the twentieth of allimmovable, and the eighteenth of all that was sold. The states with much reluctancy consent to the first, as a thing that ended at once. They petition the king, but without redress / draw out the year in contests, sometimes stomachful, sometimes humble with the governor : till the duke, impatient of delay, cause* the edict, "without consent n Another advantage the British ministers have over the Spanish in depth of policy, is very remarkable. Spain was a great empire. The Low Countries a mere speck, compared with it. Spain was not a maritime state that depend- ed upon them for the supply of her revenue. Had they been sunk in the sea, she would scarcely have felt the loss. Her prospect of success was almost cer- tain. France, her then inveterate enemy, exhausted by a civil war, and divided into two powerful parties. Every circumstance is directly the reverse to Great- Britain in her present contest with the colonies. " Siquidem verissimum est, igncm tectis injicere, et injecto spatium tnodumque. Statuere, non esse in ejus- tiein manu.' STRADA, lib. 7. in refutation of the pretensions set up by their too forgetful posterity, over their unhappy colonists. Confiding in the undeniable truth of this single po- tfthc states, to be published. The people refused to pay ; the soldiers begin to levy by force ; the townsmen all shut up their shops ; the people in the country forbear the market ; so as not so much as bread aad meat is to be bought in the town. The duke is enraged ; calls the soldiers to arms ; and commands several of the inhabi- tants ivho refused the payments , to be hanged that very night upon their sign posts ; which moves not the obstinacy of the people. And noiv the officers and the guards are ready to begin the executions, when news comes to town of the taking of the Briel, by the Gueses, and of the expectation that had given of a sudden revolt in the province of Holland. " This unexpected blow struck the duke of Alva, and foreseeing the conse- quences of it, because he knew the stubble was dry, and now he found the fire was fallen in, he thought it an ill time to make an end of the tragedy in Bra- bant, whilst a new scene was opened in Holland ; and so giving over for the present his taxes and executions, applies his thoughts to the suppression of this new enemy that broke in upon him from the sea. And no p^JC. 54. ( 375 ) too factious to grant money to the crown, when it was their interest and their duty to do so. This argument however, was fully refuted, and slept above a century in proper contempt, till the poste- rity of those, who had overthrown it, thought fit to revive the exploded absurdity. Trifling as the pre- tence was, yet it might much more properly be urged in favour of a single person, than of a multi- tude. The counsels of a monarch may be more se- cret. His measures more quick. In passing an act of parliament for all the colonies, as many men are consulted, if not more, than need be consulted, in obtaining the assent of every legislature on the continent. If it is a good argument for parliament, it is a better against them. It therefore proves nothing but its own futility. The supposed advan- tages of such a power, could never be attained but by the destruction off real benefits, evinced by facts to exist without it. The Swiss Cantons, and the United Provinces, are combinations of independent states. The voice of each must be given. The in- j- Thus the patriots of Charles's days argued " It is not, that skip-money hath been levied upon us, but it is, that thereby ship-money is claimed, which is the gift and EARNEST PENNY OF ALL WE HAVE : it is not, that our per- sons have been imprisoned, for the payment of ship-money, but that our PER- SONS and LIVES are, upon the same ground of laiv delivered up to will anJ plea- sure, ft is, that our BIRTH-RIGHT is destroyed, and that there hath been an endeavour to reduce us to a loiver state than -villainage. The lord might tax hi villain, de haut et dc basse, might imprison him, but his LIFE was bis awn ; THE LAW SECURED HIM THAT." Lord Clarendon, ( 3/6 ) stance of these colonies may be added: for stating the case, that no act of internal legislation over them had ever been past by Great-Britain, her wisest statesmen would be perplexed to shew, that she or the colonies would have been less flourishing tfran they now are. What benefits such a power may produce hereafter, time will discover. But the colo- nies are not dependent on Great- Britain, it is said, if she has not a supreme unlimited legislature over them. " I would ask these loyal subjects of the king (says the author of a celebrated invective against us) f what king it is, they profess themselves to be loyal subjects of? It cannot be his present most gracious majesty, George the third, king of Great- Britain, for his title is founded on an act of par- liament, and they will not surely acknowledge that parliament can give them a king, which is of all others, the highest act of sovereignty, when they deny it to have power to tax or bind them in any other case ; r.nd I do not recollect, that there is any act of assembly, in any of the colonies for settling the crown upon king William^ or the illustrious house of Hanover *." " Curious reasoning this." t See note on these words " Therefore a power of regulating our trade, involves not in it the idea of a supreme legislature over us." * " The controversy between Great- Britain and her colonies reviewed." The learned gentleman who wrote this piece, has thought proper to quit his argu- ment, step out of his way, personally ahuse and severely attack the writer of ( 377 ) f It is to be wished the gentleman had " re collect '* ed" that without any such " act of assembly,*' none of the colonists ever rebelled. What act of parliament is here meant ? Sure;y not the llth of the " Farmer's Letters." His principal objections are the following, and the answers here given may perhaps be sufficient to shew with what force his ob- jections are generally urged, 1st. He says, " the v. riter of the letters, tell us, that the drawbacks which are allowed on some articles upon their exportation from England, amount to mere money than all the duties together which are laid upon them on their arrival in the colonies will produce. I believe it is the first time that the colonies of any state have complained of the injustice of the mother country in laying taxes upon them, which were not sufficiently heavy, nor was it ever before discovered that the proper means to redress the grievan- ces of any people, were to increase their taxes" Page l6. Ansivcr. The truth of the assertion in the letters is not denied. It is assumed, by the author of the " controversy," as the foundation of his argument. If then, parliament would have raised more money, " by staffing the drawbacks, than by laying the duties to be paid in the colonies," ivby were they laid ? From respect for parliament it must be supposed, they were laid for some purpose. It was not for the sake of the money. For what then ? To establish a PRECEDENT for taxing the colonies, says the writer of the letters. The author of the controversy does not deny it ; but enters into a dissertation upon the more and the less, which is not the point in question, icily. The writer of the letters says, that " an act of parlia- ment commanding us to do a certain thing, if it has any validity, is a tax upon us, for the expence P that accrues in complying wit!* it." In reply to this, the author of" the controversy" enumerates many instances of sovereignty subject- ing tic colonies to expcnce, which he supposes may be legally exercised WITUIN P This sentence related to the dissolution of the assembly of New-Tori, for rot complying with the act of parliament for supplying the troops.- 1 Last session of parliament an act was passed for the more commodious quartering of the troops in America. It is not yet come over ; but deserves the attention of the colonists, even if it has not the remarkable features, that distinguish the produc- tions of the last session. f Idem, page 17. VOL. I. 2 Z ( 378 ) Henry the seventh, chapter the 1st, in favour of a king de facto. Probably the 12th and 13th of William the 3d, chapter the 2d, " for the further limitation of the crown, See." is intended. And, is the colonies " BY ACT OF PARLIAMENT." Pages 23, 24. Amiver. The pro- .priety of this supposition is denied, and remains to be proved. " Absurdities and contradictions" are plentifully attributed to the writer of the letters, be- cause he will not acknowledge, that the power of parliament " to regulate trade, and preserve the connection of the whole empire in due order," involve* in it a power to " tax the colonies," or " to put them to any exfence" parlia- ment shall .please. A person of such sagacity as the author of the controversy, might plainly huve perceived, if his resentment had not prejudiced his candor, that the writer of the letters, was unwilling to give up any point, which he then thought essential to the freedom and wdfore of his country, and at the same time was q unwilling to propose any new subject of dispute. Justly has the q " If any person shall imagine that he discovers, in these letters, the least dislike of the dependence of these colonies on Great-Britain, I beg that such per- son will not form any judgment on particular expressions, but will consider the tenor of all the letters taken together. In that case, I flatter myself, that every un- prejudiced reader will be convinced, that the true interests of Great-Britain are as dear to me, as they ought to be to every good subject. " If T am an enthusiast in any thing, it is in my zeal for the perpetual tl.- tenderer of these colonies on their mother country. A dependence founded on mutual bcneftS) the continuance of which can be secured only by muiual affections. Therefore it is, that with extreme appre hension I view the smallest seeds of discontent, which are unwarily scattered abroad. Fifty or sixty years will make astonishing alterations in these colonies; and this consideration should render it the business of Great-Britain more and more to cultivate our good disposi- tions towards her : but the misfortune is, that those great men who arc wrestling for power at home, think themselves very slightly interested in the prosperity of their country ffty or sixty years hence, but are deeply concerned in blowing up a popular cl amour for supposed immediate advantages. " For my part, I regard Great-Britain as a bulwark, happily fixed between these colonies and the powerful nations of Europe. That kingdom remaining safe, we, under its protection, enjoying peace, may diffuse the blessings of religion, science, and liberty, through remote wildernesses. It is therefore in- contestibly our July, and our interest , to support the strength of Great-Britain. it imagined, that the words " dominions and terri- tories thereunto belonging" in that statute, form his majesty's title to the sovereignty of these colonies ? The omission of them might have looked odd ; but author of the controversy observed that " it would be endless to trace this doctrine of taxes through all the consequences" page. 23. 3dly. The writer of the letters says, " we are as much dependent on Great-Britain^ as a perfectly free people can beon another." On this the author of the controversy kindly observes, that " it is a pity the learned editor (the English editor, it is supposed) has not given the public a dissertation on that most ingenious and instructive passage.'* When confiding in that strength, she begins to forget from whence it arose, it will be an easy thing to shew the source. She may readily be reminded of the loud alarm spread among her merchants and tradesmen, by the universal association of these colonies, at the time of the stai/tf-act, not to import any of her manufactures* " In the year 1718, the Russians and Swedes entered into an agreement, not to suffer Great-Britain to export any naval stores from their dominions but in Russian or Swedish ships, and at their own prices. Great-Britain was distressed. Pitch and tar rose to three pounds a barrel. At length she thought of getting these articles from the colonies ; and the attempt succeeding, they fell down to ffteen shillings. In the year 1756, Great-Britain was threatened with an invasion. An easterly wind blowing for six weeks, she could not man her fleet, and the whole nation was thrown into the utmost consternation. The wind changed. The American ships arrived. The fleet sailed in ten or fifteen days. There are some other reflections on this subject, worthy of the most deliberate atten- tion of the British parliament ; but they are of such a nature, that I do not choose to mention them publicly. I thought it my duty, in the year 1765, while the st.'.mp-act was in suspcnce, to write my sentiments to a gentleman of great iniiucnce at home, who afterwards distinguished himself, by espousing our cause, in the debates concerning the repeal of that act. FARMER'S LETTERS, xii- If the author of " the controversy" had seen the letter above referred to, he would have found, that, the difference between the PREROGATIVE in Great- Britain and in America, and the exercise of internal legislation by parliament over the colonies, with some other points therein mentioned, were represented in the strongest terms the writer of the letters could use, as unjust, and cer- tainly tending in a few years to produce the deepest discontents. The time is at length come, when silence in America on these subjects would be stupid or criminal. what force is added by their insertion ? The set- tlement of the crown of England, includes the set- tlement of the sovereignty of the colonies. King William is mentioned and will the gentleman page. 25. Anstver. American understandings discover no inconsistency in the idea of" a state being dependent, and yet perfectly free," and their temper is so moderate that they would be content with that degree of freedom, which is compatible with a dependence. If the proposition puzzles British understand- ings, it. is presumed to be, because Britons will not give themselves the trouble to think of any dependence, but of such as is destructive of all freedom ; though they themselves are dependent in some measure on others, ^ly. The writer of the letters says " if money be raised upon us by others without our consent for our defence, those who are the judges in levying it must also be the judges in applying it. [Or CONSEQUENCE, the money, said to be taken from us for our defence, may be employed to our injury. We may be r chained in by a line of fortifications obliged to pay for the building and maintaining them and be told that they are for our defence] With what face can we dispute the fact after having granted that those who apply the money, had a right to levy it ? For surely it is much easier for their wisdom to understand hew to apply it in the best manner, than how to levy it in the best manner. Besides the right of levying is of infinitely more consequence than that of applying. The people of England, who weuld burst out into fury if the crown should attempt r The probability of this measure taking place, i.s confirmed by the CANADA bill, a political device so extraordinary, as to excite surprize even in those co- lonists who live in the year 1774. By this bill, it is said, the l?g'nlatijc power is lodged in the governor and a few men, not Jes-s than seventeen nor more than twenty-three, appointed and remove-able by the crov- n ; and the govern- ment becomes wholly military. c i'rials ly jury are aibolished, though multi- tudes of Enfjhh subjects settled there on the inc'Hiragenient given by the king's proclamation in 1763 Ihe French laws are res.crtd, and all the coun- try en tht: back of these colonies is added to Canada, 2nd ^iit itntLr the same military government. This is indeed to be " Gained //;." Nothing is wanting to com- plete the plan, but our money, to defray the t-xpcnce of erecting strong holds among our woods and mountains^ and to bribe our Indians ; and then the expres- sion of " leafing our sivonls into ploughshare^ will be reversed in an extraordina- ry manner ; for our " plough-shares" will furnish the very " swords" that are to cut our own throats. venture to say, that William was not king of Eng- land, and sovereign of these colonies, before his title was " declared" or " recognized" by u an act of parliament?" The gentleman slurs over to levy money by its own authority, have always assigned to the crown the application of money." From these words relating to Ci application" the author of " the controversy" deduces a " proof," that the writer of the letters is very deficient in " his knowledge of the constitution," s &c. nfiver. Is this treatment generous ? In such questions ought the attack to he turned from the cause to the man ? Tke writer of the letters, pretends not to be distinguished, as a " critic on government" nor for " justness or elegance of composition.' f Surely, even the author of " the controversy" must now be convinced of his aversion to writing, as that performance, with all " the justness and elegance of its composision, knowledge of the subject handled, and constitutional learning displayed in it," and employed to puli to pieces the reputation of the writer of the letters, has riot rouzed him during so many years since its publication, to make a single effort in vindication of his character. Was it imagined, that every objection was just, because not replied to ? Many reasons, besides a fear of encountering objections, may prevent an answer. In truth, he cannot be called a volunteer author. He never DiD,and never DARED to write, but ivhsn the honor or interest of hi country was assaulted when duty compelled every one to contribute what assistance he could in her defence and when he hoped, the cause would draw some kind of a veil over his defects. He expected, he might es- cape as the Spartan youth did, with some slight censure for engaging improper- ly armed, but that his motive would excuse him from a severe one. How well founded the present reproach is, will now be considered. One would imagine, that a man of common sense on reading the foregoing extract from the letters, would understand the writer plainly to mean by " Itwing" the power of " taxing"' and by " applying" the power of " tiafloyimg" the money Page 25. * Pages ^^ and 25. this case. His zeal for the " illustrious house of Hanover " would be little gratified, by infering, that because the two^ouses with the consent of the nation, made a king, therefore the two houses can raised by taxing ; or in other terms, the actual expenditure of it. This meaning is evident the conclusion being express, that " if others may be judges in ap- plying money, OF CONSEQUENCE // may be employed to our injury" and then follow some instances, in which it " may be so employed." All this is very clear. How then does the very ingenious gentleman open his way to the \vriter of the letters, to give him this violent blow ? By a dexterity worthy of imi f ation tfjvitijialle. He leaves out of his quotation, all the ivords inclosed within the last crotchet, beginning at the words " of consequence" and ending at the words " oar defence," that shewed beyond a possibility of doubt in what sense the word " applying" was used takes no notice of the omission imposes another sense on the word and then insults, may it be said, over the sup- posed mistake of saying, " that the people of England have always assigned to the crown the application of money." What sense be or others may assign to the word " application," is not the point : but whether the word, taken in that sense which the writer of the letter* expressly annexed to it, is used ivitb propriety by him, or whether it is used in fucb a manner, as to " pfove he is very deficient in his knowledge of the consti- tution ?" By that word, as he defines it, positively as language can declare any meaning, he intends, the actual expenditure and "employment" of money and is the reader to be tricked out of that definition^ and anotbir sense shuffled in, mere- ly to impeach a man's character by slight of pen ? HAS not the constitution " assigned to the crown the actual expenditure and employment of money ?" Is not this power part of the executive ? Does not Mr. justice: Blailstor.e mention this power, to shew the vast influence of the crown? He particularly takes notice of it with respect to the army in these expressi- ons "paid indeed ultimately by the people, but immediately by the crown ; rais- ed by the crown ; officered by the crown ; commanded by the crown." I BLACKSTONE, 330. ( 3% ) make laws. Yet that conclusion would be as jus- tifiable as this that the assent of the colonies to an election of a king by the two houses, or to the li- mitation of the crown by act of parliament, proves Is not the word " application" used here too, not only properly, at defin<(t t but properly, in a constitutional sense ? True it is, that the word is sometimes used as synonimous with appropriation, though this latter seems to be the fittest word to mean the designation of money to particular purposes in acts of parliament. Could it be possible, that the au- thor of" the controversy" should imagine, the writer of the letters could be ignorant of such designation or appropriation of money by parliament, when one can scarcely open a book of statutes, without observing them ? Parliament may accommodate grants of money to public necessities and may call officers .of the crown to account for money, but these powers no more prove the actual expenditure and employment of money to belong to parliament, than the power of calling officers of the crown to account for injurious leagues, or declarations of .war, proves the power of parliament to make leagues or to declare war. Besides, it being contended against the colonies, that the " sovereign po-wer"* is lodged in king, lords, and commons, the same persons may tax and expend, to what .ox- cess and in what manner THEY PLKASE, while the colonies will have no KIND OF CONTROUL over them : and, that such an union of those powers, is uncon-* stitutional and dangerous to the colonies in extreme, was the point the writer of the letter inoffensively ventured to insist on. Exactly in the sense here contended for, arc the words " appropriation" and " application" used in some of the best authorities. Bishop Ellys, in his tracts on liberty, page 31, says " The parliament, at present, in granting money, does for the most part appropriate it to particular services, whereby the applica- tion of it is more effectually secured." " When any aids are given, the common* only do judge of the necessities cf the crown, which cannot be otherwise made manifest to them, than by inquiring, haw the money which hath been granted, and revenue of the crown, is expended and applied^ " Out of the aids given by a Words of the (cmyiom at a conference with the lords. ( 384. ) a right in parliament to bind the colonies by statutes *' in all cases whatsoever." In such great points, the conduct of a people is influenced solely by a re- gard for their freedom and happiness. The colonies have no other head than the king of England. The person who by the laws of that realm, is king of that realm, is our king. parliament, (which hy the law of England are appropriated, and ought to lavf been em filled in the common profit of the whole realm ^ many large sums of money, during the times of such heavy taxes upon the people, have been diverted under the head of secret services, and for taldriet^ bounties znd J>cnsions t &c." v Some other unfairnesses there are in this famous piece, that need only be viewed, to be refuted ; but of which, it may be said, if a " precedent" establish- ed by the respectable gentleman himself, can procure pardon for the expressi- on, that" they are not intitled to notice." How could he venture to assert as he dots, that " the purpose of the letters was to excite resentment in the co- lonies against their parent country, and to push them on to a separation from her." The letters prove the contrary. Few men have exprest a warmer zeal for the connexion, than the writer of them ! Yet his reputation is to be at- tacked on every account, and a charge even of disloyalty directly levelled against him. The author is welcome to take what other licenses he pleases in his reprehensions of the writer ; but he ought not to have denied his integrity. Their intentions must stand the test of a tribunal, that decides for eternity, May they then appear equally pure. True indeed ere those words of lord Clarendon. <( Let no honest man that is once entered into the lists, think, he can by any skill or comportment, prevent these conflicts and assaults but let him look upon it as a purgatory he is unavoidably to pass through; and constantly performing the duties os' integrity, and ujbrisltness, depend upon PROVIDENCE, and time, for a vindica- tion. v Address of the house cf commons to queen Anne. ry history. ( 385 ) A DEPENDENCE * on the crown and PARLIA- MENT of Great-Britain, is a novelty a dreadful novelty. It may be compared to the engine invent- ed by the Greeks for the destruction of Troy.-f It is full of arrned enemies, and the walls of the con- stitution must be thrown down, before it can be introduced among us. WHEN it is Considered that the king, asking of England, has a power in making laws the power of executing them of finally determining on appeals of calling upon us for supplies in times of war, or any , emergency that every branch of the prerogative binds us, as the subjects are bound thereby in England and that all our in- tercourse with foreigners is regulated by parlia- * This word " dependence" as applied to the states connected with v - land, seems to be a new one. It appears to have heen introduced into the language of the law, by the commonwealth act of 1650. A " dependence on parliament" is still more modern. A people cannot be too cautious in guard- ing against such innovations. The credentials of the imperial embassadors to the states of Holland, were directed" to our faithful and beloved." The words seem to be very kind ; but the cautious states discovered that this was the stile of the imperial chancery in writing to the -vassals of tie empire. The ques- tion was, whether the credentials should be opened ? and it was urged, that a solemn embassy ought not to be disappointed, for a few trifling words. But the states resolved to send them back unopened, which they did. Other cre- dentials were then sent, with a proper direction ; and the cmbassadors were well received." Arcana imp det pagc J?6 f 7 Co 18. VOL. I. 3 A ( 386 ) men!. Colonists may " surely" be acknow- ledged to speak with truth, and precision, in an- swer to the " elegantly" exprest question " what king it is," Sec. by saying that " his most graci- ous majesty George the third," is the King of Eng* land, and therefore, " tbe*king" they profess themselves to be " loyal subjects of?" Wfc are aware of the objection, that, " if the king of England is therefore king of the colonies, they are subject to the general legislative authority of that kingdom." The premises by no means warrant this conclusion. It is built on a mere sup- position, that the colonies are thereby acknowledg- ed to be within the realm, and on an incantation expected to be wrought by some magic force in those words. To be subordinately connected with England, the colonies have contracted. To be sub- ject to the general legislative authority of that king- dom, they never contracted, Such a power as may be necessary to preserve this connection she has. The authority of the sovereign, and the authority of controuling our intercourse with foreign nations form that power. Such a power leaves the colo- nies free. But a general legislative power, is not a power to preserve that connection, but to distress and enslave them. If the first power cannot sub- sist, without the last, she has no right even to the first, the colonies were deceived in their con- C 287 ) tract and the power must be unjust and illegal ; for God has given to them a better right to pre- serve their liberty, than to her to destroy it. In other words, supposing, king, lords and commons acting in parliament, constitute a sovereignty over the colonies, is that sovereignty constitutionally absolute or limited? That states without freedom, should by principle grow out of a free state, is as impossible, as that sparrows, should be produced from the eggs of an eagle. The sovereignty over the colonies, must be * limited. Hesiod long since said, " half is better than the whole ;" and the saying never was more justly applicable, than on the present occasion. Had the unhappy Charles remembered and regarded it, his private virtues might long have adorned a throne, from which his public measures precipitated him in blood. To argue on this subject from other instances of par- liamentary power, is shifting the ground. The connection of the colonies with England, is a point of an unprecedented and delicate nature. It can be compared to no other case ; and to receive a just determination, it must be considered with re- * " Ncc R E G I BU S Injinita aut liber a pottitas, was the constitution of our Ger- man ancestors on the continent, and this is not only consonant to the principles of nature, of liberty, of reason, and of society, but has always been esteemed an ex- press part of the COMMON LAW of England, even when prerogative ivat at the li*best. n I BLACKSTONE, 233. ( 388 ) ference to its own peculiar circumstances, f The common law extends to colonies ; yet mr. justice f The learned judge, (in vol. I. pag. 107.) says this country was not" vn- inhabited when discovered and planted by the English. &c. but ought to be con- sidered as a conquered, ceded, or Infidel country. Our American plantations are prin- cipally of this latter sort, being obtained in the last century, either by right of conquest and driving out the natives (with what natural justice, I shall not at pre- sent inquire) or by treaties : and therefore the common law of England, as such, has no allowance or authority there, they being no part of the mother coun- try, but distinct (though dependent) dominions. They are subject however to the controul of the parliament." According to this doctrine, the colonists are considered /// a legal in civ by the parent state, " as infidels or conquered people" not as her children with her consent establishing societies for her benefit. Though not a single man of the " infidels or conquered" people, should now be found to reside in each colony; yet a political contagion is communicated to Englishmen in secula seculorum, be- cause Indium once fished in the rivers, and hunted in the woods \ithh be their " condition* then according to the law laid down by the judge, " they are sub- ject not only to the controul of parliament" but the " king may alter and impose Y Tt is not known, what the learned judge means by the word "principally" perhaps he alludes to the ill directed humanity and justice of the first settlers of some colonies, who purchased the lands from the natives, for valuable and satisfactory considerations. It was a very useless exercise of their virtues, for their posterity. If they had by accident settled an " uninhabited" country, the invaluable rights of the common law would have attended them ; but when they dared to obtain a settlement by humanity zndjustice, they ybr//W all rights of the common law to the latest succeeding ages. Can this be laiv ? Every case quoted by the judge, it is humbly apprehended, makes a distinction between stages or societies composed of English subjects, and those composed of " conquer' ,rd" people, &c. and that ti'is is the only distinction warrantable by those cases. i Bhckstone, 107, and the cases there cited. Blackstone says- " such parts of the law as are nei- ther jiecessary'nor convenient for them, as the juris- That the conquerors should be considered AS the conquered, the expellen of the na- tives AS the expelled natives, and the Christian possessors and oivners by fair purchases from those ivho lad a right to sell, AS the infidels no longer possessing or owning, seems to involve a confusion of ideas, little agreeing with the strength of reason that informs the common law. It is very remarkable, how our ablest antagonists are perplexed in framing their arguments against us. Even the learned judge does not express himself with his usual perspicuity : but the want of it is well atoned, if we, colonists, can be thereby Deprived of the benefits of the common law, and be absolutely subjected to the king ; for these courtly tenets are the only consequences deduci- ble from the curious argument that tends to involve these colonies, in the misfor- tunes of " conquered, ceded, or infidel countries." The " controul of parliament," is asserted to be supreme, in every case. Whecher the colonies were settled in " uninhabited countries," or in " conquered, ceded, or infidel countries," makes no difference as to that point. Another learned gentleman has discovered, that we " are not intitled to as great a degree of freedom as Ireland" Why ? " Because Ireland was a conquered country." This remark does not seem to remove the difficulty. Let us hear the point a little more explained. " Ireland it is true was conquered, but certain concessions were made to the people. These were the terms granted them, but England \s obliged to keep no terms with the colonists." At every step these gentlemen take, those writers, who have contributed so much to the glory of their country, turn upon them, and directly oppose them. They at first shrink before these venerable advocates for liberty and humanity but recol- lecting themselves, they distinguish and refine, in order to take away the sub- stance of every argument, and to whittle down a Hooker and a Lode into a Lestrange and a f "timer. After taking these liberties, they at length grow bold enough to arraign the authority of any man, even mr. Lode himself, if his writings cannot, by all this art, be turned to their purpose. We need not be surprised after this, that every colonist, who ventures ho- nestly, to assert, as well as he can, the cause of his native land, should be treat- ed with little respect. The colonies have always been on the defensive. It it ( 390 ) diction of the spiritual courts, &c. are therefore not in force.'' If even the COMMON LAW, in force within the realm of England, when the colonists quitted it, is thus abridged by the peculiar circum- stances of colonies, at least equally just, and con- stitutional is it, that the power of making new laws within the realm of England, should be abridged with respect to colonies, by those peculiar circum- stances.^; Loped tley will always continue so. But the author of" the controversy" charges them with great cunning, a left handed wisdom, that must disgrace any people because they have not resisted, in places where they were not immedi- ately attacked. " It is the artifice of the managers, on the part of the colonies, to avoid general questions, and to keep back and conceal conse- quences, least the unsuspecting people of England should too soon catch the alarm, and resolve to withstand their first attempts at independency." w That is they have acted just as the " unsuspecting people of England" have done in their controversies with the crown. They confined themselves from time to time, to a demand of redress, for the injuries offered them. This be- haviour of the colonistSjWould, by some persons, be deemed modest and respect- ful. Now indeed the conduct of administration demonstrates to us, that we must enlarge our views, and endeavour to take a prospect of all the mischiefs necesa- rily attending a claim of boundless power with an unbounded inclination to exercise it. The gentleman may perhaps call for fire and faggots to extirpate our political heresy ; but we trust, and trust Jirmly, that, the sense and genero- sity of the good people of England, will discover and defeat the present plan against tlelr liberties, as they have already so many other schemes of that ten- dency that they will behold their dutiful children with compassionate love, and with just indignation those unrelenting enemies, from whom they can ex- pect no other favour, but that England " shall be the last they will devour." | The author of tke controversy, in page 31 of his work, argues thus con- cerning the legislative power of Great-Britain over the colonies. " The lands w Page 15. ( 39* ) THE laws of England with respect to preroga- tive, and in other instances, have accomodated in all the colonies having therefore been clearly shewn to be part of the domi- nions of Great-Britain, and the possessors of them to hold them under authori- ties and titles derived from the British state, mr. Locke would require no other proof of the right of the legislative power of Great-Britain to the obedience of the possessors of those lands ; for speaking of the^ manner by which a man tacitly makes himself a subject of any country or government, he says, " It is commonly supposed, that a father could oblige his posterity to that government of which he himself was a subject, and that his compact held them ; whereas it being only a necessary condition annexed to the land, and the inheritance of an estate, which is under that government, reaches only those who will take it on that condition, and so is no natural tie or engage- ment, but a voluntary submission ; for every man's children being by nature as free as himself, or any of his ancestors ever were, may, whilst they are in that freedom, choose what society they will join themselves to, what common- wealth they will put themselves under ; but if they will enjoy the inheritance of their ancestors, they must take it on the same terms their ancestors had it, and submit to all the conditions annexed to such a possession.'' " Whoever (says he in another place) by inheritance, purchase, permission, or otherways, enjoys any part of the lands so annexed to, and under the government of, that commonwealth, must take it with the condition it is under ; that is, of submit- ting to the government of the commonwealth under whose jurisdiction it is, as far, forth as any subject of it." page 31. The ingenuity of the gentleman is here again remarkable. Mr. Locke in his eighth chapter on civil govern- ment " of the beginning of political societies," immediately before the words abovementioned " whoever by inheritance," &c. speaks of a man who " unites his person which was before free to a society for the securing and regu- lating of property, and sithmits to the community those possessions which he has or shall acquire, that do not already belong to ar>y other government." These words the gentleman not thinking quite to his purpose in this place, separates from the words of his quotation, and so gives mr. Lode's conclusion without his premises. However three pages after, he is so candid, as to give the pre- mises without the conclusion. How, or why ? to support this most curious *ii*tuiction, that mr. L.*ele, In. that celebrated part o his argument, where ( 292 ) themselves, without alteration by statutes, to a change of circumstances, the welfare of the people speaking of " government taking the property of subjects," he says " what property have I in that) ivhicb another may by right take from me ivhen be pleases" * " means no more" than that the supreme legislative power has no right to take the property of others without their consent, " for the private use or purpose of the legislative " So that according to this construction, the constitution of a well established government, or the freedom of a people, depends not on the great right which GOD has given them " of having a share in the government of themselves," whereby their property is secured, but merely, on the "purpose? to which the property taken from them without their consent, is applied by those who thus take it. And yet this gentleman has severely attack- ed the writer of the letters, for using the word " purpose" in a much more: eonjined sense, in saying, a " tax is an imposition on the subject for the sole pur- pose cf levying money." Mr. Lode, in the preceding chapter, speaking of monarchy says, " that absolute power purifies not mens bloods. For if it be asked, what security or fence arises in such a state, against the violence and oppression of the absolute ruler ? the very question can scarce be borne. They are ready to tell you it deserves death, only to ask after safety. Betwixt subject and subject they will grant there must be measures, laws and judges for their mutual peace and se- curity : but as for the rule r, be ought to be absolute, and is above all such circumstan- tes : because he has power to do more hurt and wrong, it is right when he does it. To ask how you can be guarded from harm or injury on that side, where the strongest hand is to do it, is presently the voice otfactisn and rebel- lion" But here our opponent may come in with another distinction. " Mr. Lode speaks here of an absolute ruler, not of absolute rulers. Lilly proves that there is the singular number, and the plural number. A power that mr. Lode would have held illegal in a Pislstrattts or a Stuart, he would have held legal in the four hundred of Athens, or the parliament of Great-Britain." Let the distinction be allowed its due weight. Can it be believed that such a friend to mankind, as Mr. Lode was, could ever think absolute dominion v just x Page. 33. ^ " Absolute dominion Ijoivever placed, is SO far from being one kind of civi! ic.'- ff\\ that it is as inesmitient with it, as slavery is with properly." Loii?s,<.->\\ civil govt. page I7-J- ( 393 ) so requiring. A regard for that grand object per- petually animates the constitution, and regulates or legal ? Would not such a sentiment directly oppose those principles, his benevolence induced him to take so much pains to vindicate and establish ? Would the sound of the words " dependence " " subordination " " within the realm " " pait of the dominions " &c. have convinced him, that it was " the indispensible duty of parliament to ease the gentry and people of Great-Britain by TAXING the colonists without their consent ?'" and that it was the indispensible duty of the colonists on constitutional principles to submit to such taxation ? The learned say that the too rigid attention of the mind to one idea sometimes is the cause of madness. So rigid has been the attention of many heads in Great-Britain to the idea of dependence, that it seems to have occasioned a kind of insanity in them ; and by ruminating, speechifying, snd enacting about it and about it, they have lost all ideas of jus- tice, humanity, law and constitution, and in short of every quality that used to distinguish men from the rest of this creation, and Englishmen from the rest of mankind. But mr. Loch's understanding, even in the present whirl of the political world, \\ouldhave preserved him, just and tenacious of his principles. The case he puts, and on which the author of " the controversy" argues, is that of a submission to the terms of government in a coinmonivealt'j . The question be- tween Great-Britain and the colonies, is, ivbat are the terms of their connection under all the circumstances of it. It is not recollected that mr. Locks ever insinuates, that the parliament of Great-Britaim might bind the people of Ireland by statutes, " in all eases ivlat- sosvtr." Yet there was in his time a famous dispute concerning the authority of parliament over that kingdom. So far was he from favouring the claim of parliament, that it is hoped, it can clearly be proved, he favoured the other side of the question. His friend mr. Molineux, in a letter dated Mircl 15, 1697-8, tells him of his intentions to visit him when he could get loose from business : " but this I cannot hope for, till the parliament in England rises. I should be glad to know from you, when that is expected, for indeed they bear very hard upon us in Ireland. How justly they can bind us, 'without oar consent and repre- scntatives) I leave the author of the two treatises on government to consider" VOL. i. 3 B ( 394- ) all its movements unless unnatural obstructi- ons interfere " Spiritus intus alit, totamque infusa perartus " Mens agltat molem, & magno se corpore mis- cet." ANOTHER argument for the extravagant power of internal legislation over us remains. It has been urged with great warmth against us, that " precedents" shew this power is rightfully vested in parliament. meaning mr. Locke's two treatises one on government the othfr on civil government ; though they are published alfo as one treatise, the first book of which is under the first title, and the second book under the second title. Mr. Locke, in his answer dated April 6, 1698, says, " amongst other things I would be glad to talk with you about, before I die, is that which you sug- gest at the bottom of the first page of your letter. I am mightily concerned for t\i& place meant in the question you say you \vill ask the author of the treatise you mention, andivlsl extremely well to it, and would be very glad to be inform- ed by you tuhat -would be best for it, and debate with you the way to com- pose it : but this cannot be done by letters : the subject is of too great extent, the views too large, and the particulars too many to be so managed. Ccme therefore yourself, and corns as ivell prepared as you can. But if you talk with Others on that point there, mention not me to any body 6n that subject ; only let you and I try what good ive can do for those tubom ive ivisb -well to ; great things have sometimes been brought about from small beginnings -well laid together" Mr. Mdlnsux quickly after came over from Ireland to- England, to see mr. ( 395 ) SUBMISSION to unjust sentences proves not a right to pass them. Carelessness or regard for the peace and welfare of the community, may cause the submission. Submission may sometimes be a less evil than opposition, and therefore a duty. In such cases it is a submission to the divine au- thority, which forbids us to injure our country ; not to the assumed authority, on which the unjust sentences were founded. But when submission be- comes inconsistent with and destructive of the pub- lic good, the same veneration for and duty to the divine authority, commands us to oppose. The all wise Creator of man imprest certain laws on his nature. A desire of happiness, and of society, are two of those laws. They were not intended to de- stroy, but to support each other. Man has there- fore a right to promote the best union of both, in order to enjoy both in the highest degree. Thus, while this right is properly exercised, desires, that seem selfish, by a happy combination, produce the welfare of others. " This is removing submission from a foundation unable to support it, and injuri- ous to the honour of GOD, and fixing it upon much firmer ground.* No sensible or good man ever suspected mr. Hooker of being a weak or factious person, " yet * Hoadley's discourse on government. he plainly enough teacheth, that a society upon ex- perience of universal evil, have a right to try by another form to answer more effectually the end:, of government" and mr. Hoadley asks " would the ends of government be destroyed, should the mi- serable condition of the people of France, which hath proceeded from the king^s being absolute, awaken the thoughts of the wisest heads amongst them ; and move them all to exert themselves, so as that those ends should be better answered for the time to come ?" WHAT mind can relish the hardy proposition, that because precedents have been introduced by the inattention or timidity of some, and the cunning or violence of others, therefore the latter have a right to make the former miserable that is, that precedents that ought never to have been set, yet being set, repeal the eternal laws of natural jus- tice, humanity and equity.* * I could never think " A mortal's law of power or strength sufficient " To abrogate the unwritten law divine, " Immutable, eternal, not like these *' Of yesterday, but made e'er time began." SofbotleS* Aiitfg. Fra*t. Traasl. It should be considered, whether it ever was or ever can be the true interest f a kingdom or state, to violate the laws of natural justice, equity and humani- ty. These laws may be called the laws of GOD. Can they be broken with impunity ? The scriptures are full of lessons on this subject, and history fur- ( 397 ) THE argument from precedents begins unlucki- ly for its advocates. The first produced against us by the gentleman before mentioned, was an act passed by the commonwealth parliament in 1650 to " punish" Virginia,'\ Barbadoes, Antigua, and Burmudas, for their fidelity to Charles the second. So ancient is the right of parliament to u punish" colonists for doing their duty. But the parliament had before overturned church and throne, so that there is an older " precedent" set against these. THAT parliament sat amidst the ruins that sur- rounded it, fiercer than Marius among those of Carthage. Brutal power became an irresistible argument of boundless right. What the stile of nishcs instances sufficient to alarm oppressors, if they would attend to them. All the glories of Claries the bold, Charles the fifth, Philip the second, Charles the twelfth, Lewis the fourteenth, and a numerous list ef distin- guished princes, were overcast, when unrelenting cruelty came to preside over their resolutions. From Athens to Genoa the observation holds true. Let not the opinion be condemned as presumptuous, before it be fully inquired into. It is worth an inquiry. England has been prosperous in many civil wars, but they were in defence of liberty. She never engaged in one against liberty. Would to Heaven, she would set the world the much wanted example of lenity in government. Mankind might gain by it. The other mode has been sufficiently tried, and proved to be impolitic and ruinous. f This loyal, generous colony preserved its principles with such spirit, not- withstanding the oppression abovementioned, that in January^ 1659, they threw off all obedience to the parliament, replaced the king's governor, and proclaim- ed Charlu the second, several months before the restoration iu Europe. ( 398 ) an Aristotle could not prove, the point of a Crom- well's sword sufficiently demonstrated. Innocence and justice sighed and submitted what more could they do ? The restoration took place, and a legal parliament would not doubt but it had as ex- tensive a right as an illegal one. The revolution succeeded, and with it methods for blending toge- ther the powers of the king and people in a manner before unknown. A new political alembic was fixed on the great principle of resistance, and in it, severe experiments were to be made on every other principle of the constitution. How the boldness of ministers and contempt of the people have increased since that period, not a man the least acquainted with English history can be ignorant. The colo- nies were in a state of infancy still in a state of childhood. Not a single statute concerning them is recollected to have been past before the revolu- tion, but such as related to the regulation of trade. " Precedents" were afterwards made, that, when they grew up, the authority of a master might suc- ceed that of a parent. PRECEDENTS, it is apprehended, are no other- wise regarded in the English laws than as they establish certainty for the benefit of the people according to the maxim " miserable is the ser- vitude when the laws are uncertain." Precedents militating against the welfare or happiness of a peo- ( 399 ) pie, are inconsistent with the grand original prin- ciple on which they ought to be founded. Their supposed sanction increases in proportion to the repetitions of injustice. They must be void. In subjects of dispute between man and man, prece- dents may be of use, though not founded on the best reason. They cause a certainty, and all may govern themselves accordingly. If they take from an individual one day, they may give to him the next. But precedents to overthrow principles ', to justify the perpetual oppression of all, and to im- pair the power of the constitution, though a cloud of them appear, have no more force than the vo- lumes of dust that surround a triumphal car. They may obscure it : they cannot stop it. What would the liberties of the people of England have been at this time, if precedents could have made laws in- consistent with the constitution ? Precedents tend- ing to make men unhappy, can with propriety of character be quoted only by those beings, to whom the misery of men is a delight. " IF the usage had been immemorial and uniform, and ten thousand instances could have been pro- duced, it would not have been sufficient ; because the practice must likewise be agreeable to \\\e prin- ciples of the law, * in order to be good : whereas * This is a maxim of law, that {f a bad usage ought to be abolished." this is a practice inconsistent with, and in direct opposition to theirs/- and clearest principles of the ! - to those feelings of humanity,, out of which mankind will not be reasoned, when power advances with gigantic strides, threatening disso- lution to a state - to those inherent, though la- tent powers of society, which no climate, J no time, no constitution, no contract, can ever destroy or diminish. "|| A PARLIAMENTARY power of internal legisla- tion over these colonies, appears therefore to us, equally contradictory to humanity and the consti- tution, and illegal. f Letter on general warrants. | I JBlackstone, page 245 (j Equal distribution of justice, zndfree enjoyment of property > arc the great ob- jects of society : and no time, precedent, statute, or institution should deter men from keeping tbete UPPERMOST in their thoughts." Mr. Humes History of England. t( The jurisdiction of the star chamber, martial taw, imprisonment by war- rants from the privy council, and other practices of a like nature, though estab- lished for several centuries ; were scarce ever allowed by the English to be parts of their constitution : the affection of the nation for liberty still prevailed over all precedent , and over all political reasoning : the exercise of these powers, after being long the source of secret murmurs among the people, was, in fulness of time, solemnly abolished, as illegal, at least as oppressive, by the whole legislative authority." id. To these instances may be added the late practice of genera! warrants that had the sanction of precedents, even since the revolution. ( 401 ) As to the second head, a power of regulating our trade, our opinion is, that it is legally vested in par- liament, not as a supreme legislature over these co- lonies, but as the supreme legislature and full re- presentative of the parent state, and the, only judge between her and her children in commercial inte- rests, which the nature of the case, in the progress of their growth admitted. It has been urged, with great vehemence against us, and seems to be thought their fort by our adversaries, " that a pow- er of regulation is a power of legislation, and a power of legislation, if constitutional, must be uni- versal and supreme in the utmost sense of the words. It is therefore concluded, that the colo- nists, by acknowledging the power of regulation, have acknowledged every other power. On this objection we observe, that according to a maxim of law, " it is deceitful and dangerous to deal in general propositions." The freedom and happi- ness of states depend not on J artful arguments, t Our chance of success would be slight indeed, if it depended on subtletie* of reasoning. Who can resit the skilful and courageous attacks of those ,-/- tons, who have not long since distinguished themselves in the polemical fields ? Have they notfroveJ to the satisfaction of thousands, the non-existence of matter the necessity of human actions consequently the innocence of them the comfortable mortality of the soul that virtue is.a name- vice a jest liberty a nonentity Christianity an impostureand, with due detestation be it mentioned ; that " we have no idea of power , nor of any be endowed vTith any power, MUCH LESS of Mf endowed with infinite power ?" VOL. i. 3 C but on a few plain principles. The plausible ap- pearance of the objection consists in a confused comprehension of several points, intirely distinct in their nature, and leading to consequences direct- ly opposite to each other. There was a time, when England had no colonies. Trade was the .object she attended to, in encouraging them. A love of freedom was manifestly the chief motive of the ad- venturers. The connection of colonies with their parent state, may be called a new object of the En- glish laws. That her right extinguishes all their rights, rights essential to freedom, and which they would have enjoyed, by remaining in their pa- " With explosions of learning, and flushes of wit, these well trained troops would keep up a terrible fire of artillery and small arms against us undisciplin- ed Americans. We must not meet them in the shock of battle. Tbat -uiculd b: madness in tie extreme. We must make the most of our natural advantages. 'Tiers we are safe ; and all the forces that can be brought to the assault, will never be able to prevail against us. To drop the metaphor. " Inquiry ceases t,o be rational, and becomes both whimsical and pernicious, when it advances as far as some late authors have carried it, to controvert the first principles of knowledge, morality, religion, and consequently the fundamental laws of the British government, and of all well regulated society." Mr. Seattle on truth. It has been asserted by some men distinguished as historians, that the zeal of the reformers in religion engaging them to think liberally on that subject, led them to think with like freedom in civil affairs, whereby the government of England received its greatest improvement. If the sentiment is just, may it not be inferred, that contempt for religion, must necessarily introduce an indif- ference for all the just rules of government and the principles of the constit- ( 403 ) rent state, is offensive to reason, humanity, and the constitution of that state. Colonies could not have been planted on these terms. What Englishman, but an ideot, would have become a colonist on these conditions ? to mention no more particulars, " that every shilling he gained, might rightfully be taken from him trial by jury abolished the building houses, or making cloths with the materi- als found or raised in the colonies prohibited and armed men set over him to govern him in eve- ry action ?" HAD these provinces never been settled had all the inhabitants of them now living, been born in England, and resident there, they would now enjoy the rights of Englishmen, that is, they would be free in that kingdom. We claim in the colonies these and no other rights. There no other king- dom or state interferes. But their trade, however important it may be, as the affairs of mankind are circumstanced, turns on other principles. All the power of parliament cannot regulate that at their pleasure. It must be regulated not by parliament alone, but by treaties and alliances formed by the king without the consent of the nation, with other states and kingdoms. The freedom of a people con- sists in being governed by laws, in which no altera- tion can be made, without their consent. Yet the wholesome force of these laws is confined to the li- mits of their own country. That is, a supreme legislature to a people, which acts internally over that people, and inevitably implies personal assent, representation, or slavery. When an universal empire is established, and not till then, can regu- lations of trade properly be called, acts of supreme legislature. It seems from many authorities, as if almost the whole power of regulating the trade of England was originally vested in the crown. One restriction appears to have been, that no duty could be imposed without the consent of parlia- ment. Trade was little regarded by our warlike ancestors. As commerce became of more import- ance, and duties, and severities were judged neces- sary additions to its first simple state, parliament more and more interfered. The constitution was always free, but not always exactly in the same manner. "By the feodaL law, all navigable ri- vers and havens were computed among the regalia, and were subject to the sovereign of the state. And in England it hath always been held, that the king is lord of the whole shore, and particularly is guardian of the ports and havens, which are the in- lets and gates of the realm ; and therefore, so early as the -reign of king John, we find ships seized by the king's officers, for putting in at a place that was not a legal port. These legal ports were undoubt- edly at first assigned by the crown ; since to each of them a court of portmote is incident, the juris- ( 405 ) diction of which must flow from the royal authority. The erection of beacons, light- houses, and sea marks is also a branch of the royal prerogative. The powers of establishing public marts, regulat- ing of weights and measures, and the giving autho- rity to, or making current, money, the medium of commerce, belong to the crown. By making peace or war, leagues and treaties, the king may open or stop trade as he pleases. The admiralty courts are grounded on the necessity of supporting a ju- risdiction so extensive, though opposite to the usu- al doctrines of the common law. The law s of Ole~ ron were made by Richard the first, and are still used in those courts.-' In the " marc clausum," are several regulations made by kings.* Time for- * The power of regulating trade, was Carried so far by the crown, as some- times to impose duties ; and queen EU-x.abf.llj obtained several judgments in the exchequer on such regulations. Lord chief justice Coke answers the argument founded on these in a inst. 62, 65. Princes aimed at too much power - exceeded due bounds- - their imprudence produced " grievances" - and the people who always suffer, when their rulers are weak or wicked, would no longer trust such opportunities of cpprestion in their hand. -- --The power of // pressing seamen, shews the extensive authority in naval affairs trusted to " the trown." I BLACKSTONE, 419. Foster's rep. 154. So extremely averse were the EHglhl to foreign affairs, and to the exercise even of parliamentary authority concerning them, that though the nation was justly provoked against the French king for the injury done to Ed-ward the 1st. by withholding Aquitaiw and his other inheritances (as lord chief justice Coke observes in his ad inst. page 532.) and by some cruel actions of Frenchmen against Englishmen, and had in full parliament granted him aids, subsidies, for bids a inore exact inquiry into this point: but such it is apprehended, will on inquiry be found to have the maintenance of his wars in foreign parts, yet in the CONFIRM ATIONES CHART ARUM, Ed. 1st, therein taking notice," that many men doubted, whe- ther these grants ly parliament might not turn in serfage of tLem and their heirs, as f recede/its, -expressly declares in those statutes, that such grants shall not be drawn into custom." The comment says " it was holden that the subjects of tie realm ought not to contribute to the maintenance of the king's wars out if the realtx but this matter was never in quiet, until it was more particularly explained by divers acts of parliament.'* The comment then mentions several acts declaring that no Englishman shall be bound to contribute to the king's wars tmt of England^ in Scotland, Gascoigny, Ireland, Calan, (though tbttetbret lastVfClC countries dependent on England) and says, " these acts cf parliament are hut de- clarations of the ancient law vt England But here may be observed, that when any ancient law or custom of parliament" (such as before mentioned by making acts relating to foreign wars) " is broken, and the crown possessed of a prece- dent, how difficult a thing it is, t restore tbe subject again to bis former freedom and s-J/ity.'' 2 Inst. 527 529. The author of" the controversy," who with a liberality of sentiment becom- ing a pleader against freedom, and the best interest of mankind, counts, " sta- tute books" " ministers" " king's council" page 77, 78. " scraps of journals" page 81. and ordinances of " the rump parliament" page 87. among his " DEITIES" psge 78 ; and grieves that we poor " infidel" colonists will not pay his idols the veneration his zeal judges due to them, has collected a good many fragments of proceedings in the house of commons from the year 1614 to 1628. The amount is this, that the ministers of the crown insisted, that parliament could not make laws for America ; that the commons doubted ; but at length in 1624, came to an opinion, that the king's patent for " a woncjjoly of fishing on the coasts of America was a grievance" that a " clause of forfeiture" against those who interfef ed in the fishery was void and past a bill " for a free liberty otfshing" &c. It appears in the debates that the fishery was free before tie patent ivas granted These extracts do not shew, what became of the bill in the house of lords. One mr. Brooke said in 1621 " \Ve may make laws here for Virginia, for if thr ';ng gives consent to this bill past here and by the lords, this will controul the patert." been the power of the crown, that our argument may gain, but cannot lose. We will proceed on a concession, that the power of regulating trade is vested in parliament. COMMERCE rests on concessions and restricti- ons mutually stipulated between the different pow- ers of the world ;f and if these colonies were sove- reign states, they would in all probability be re- stricted to their present portion,* The people of It seems, as if the notion of the king's regulating power still prevailed, but, that " a clause oi forfeiture" in such regulations was void. So much had the power of parliament grown since king John's reign. Nor does it appear to have been unreasonable as commerce became of more consequence. The in- stance here mentioned, related to a regulation of trade ; and however the king might have accommodated the point with the other branches of the le- gislature, the whole proceeding is immaterial. If it was a right actually en- joyed by Englishmen to fish en the coasts of a plantation and a grant by the crown of the fishery to the people of the plantation excluding the people of England, could not divest tbcm of their right or, " if by the king's giving his consent to a bill passed by lords and commons," " the patent might be controuled ' it does not follow, that the king, lords, and commons could divest the people of the plantations of all tbeir rights. f Case of the Ostend East-India company. * " Another light, in which the lawsi of England consider the king with re- gard to domestic concerns, is the arbiter of commerce. By commerce, I at pre- sent mean domestic commerce only. It would kad me into too large a field, if I \vcreto attempt to enter upon the nature of foreign trade, its privileges, regula- tions, and restrictions ; and would be . also quite beside the purpose of these commentaries, which are confined to the laws of England. Whereas no muni' cipal laws can be sufficient to order and determine the very extensive and tomplicated af- fair t of traffic and msrtlatutize ; neither can they bave a proper authority for this pur- ( 4o8 ) England were freemen, before they were mer- chants. Whether they will continue free, they tbemsehes must determine, ffow they shall trade, must be determined by Germans, French, Spani- ards, Italians, Turks, Moors, &Y. The right of acquiring property, depends on the rights of others : the right of acquired property, solely on the owner. The possessor is no owner without it. " Almost every leaf and page of all the volumes of the com- mon law prove this right of property.' 7 ! Why should this right be sacred in Great-Britain, " the chief corner stone" in the solid foundation of her constitution, and an empty name in her colonies ? The lamb that presumed to drink in the same stream with a stronger animal, though lower down the current, could not refute the charge of incom- moding the latter, by disturbing the water. Such power have reasons that appear despicable and de- testable at first when they are properly enforced. /mst. For, as these are transactions carried on between subjects of independent states, the municipal laws of one will not be regarded by the other. For which reason the affairs of commerce are regulated by a law of their own, called the law merchant or &.* mercatorla, which all nations agree in and take notice of. And in particular it is held to be part of the law of England, which decides the causes of merchants by the general rules which obtain in all commercial coun- tries ; and that often even in, matters relating to domestic trade, as for instance, with regard to the drawing, the acceptance, and the transfer of inland bills of exchange." f Parlia.hist. FROM tins very principle arose her power : and can that power now be justly exerted, in suppress- ion of that principle ? It cannot. Therefore, a power* of regulating our trade, involves not in it * This distinction between a supreme legislature and a pov/er of regulating trade, is not a new one. We find it clearly made, by the judges of England, at a period, when the modern profitable mode of blending together in parliament the authorities of the crown and people, had not extinguished all reverence for the principles of the constitution. By the statute of the ad of Henry 6th. ch-4, Calais was confirmed a staple place for the wool exported from England, Wales and Ireland. Some wool shipped from this last kingdom, was consigned to SLiice, in Flanders. The ship by stress of weather was forced into Calais, where the wool was seized as forfeited. The chief question in the exchequer chamber was, whether the statute bound Ire- land. In Rich. 3, 12, the case is thus reported. " Et ibi quoad ad primam questionem dicebant, quod terra Hibernix inter se babet parliamentum & omni- modo curias prout in Anglia, & per idem parliamentum faciunt leges & mutant leges, & NON OBLIGANTUR PER STATUTA IN ANGLIA QJJIA, NON IIIC H4BENT MILITES PARLIAMENT! ; sed HOC intelligitur DETERRIS PRO REBUS IN TERRIS TANTUM EFFICIEND J Sed PERSONS EORUM SUNT SUBJECTI REGIS et tanquam subject! erunt obligati ad aliquam rem extra terfam illam fa- ciendum contra statutum, sicut habitantes in Callesia, Gascoignla, Guienne, &c. dum fuere subjecti ; & obedientes erunt sub admiralitate Anglite de re facia super- altum mare ; et similifer breve de errore de judiciis redditis in Hibcrnia in banco regis hie in Anglia." Brooke, lord chief justice of the common pleas, mentions the case almost in the same words, title parliament 98 but 90 says " the chief justice was of opinion, that the statutes of England shall bind Ireland, which was in a manner agreed by the other justices ; and yet it was denied the former day : YET note, that Ireland is a realm of itself, and has a parliament in itself." Here ic may be observed,^/, that the reason assigned by the judges, why the statutes of England bind not the people of Ireland, though specially named, con- VOL. i 3D the idea of supreme legislature over us. The first is a power of a preserving " protecting" na- taias a constitutional principle, the sine qua non of freedom. Secondly^ that the people of Ireland^ as subjects of the king, were " under the admiralty of England as to things done on the high sea ;." which is a strong confirmation given by the judges of England, to the supposition before made, of the power of regulating trade be- ing formerly vested in the king. Thirdly , that the opinion of the chief justice, and of the other justices, such as it was, " reddendo singula singulis, & secun- dum subjectam materiam," proves at most, only that Ire/and was bound by statutes regulating their trade, for such was the 2 Henry 6th. ch. 4th on which the case arose. Fourthly, that Brooke>a. man cf great eminence and dignity in the law, appears by his note, to have been dissatisfied with the judgment, tho' only on a statute of regulation, for this reason of such weight with an Englishman " because Ireland 'is a realm of itself, and has a parliament within itself." Fifthly^ that the authority of the crown, including the regulation of the trade of Ireland, and sending writs of error there, were sufficient restraints, to secure the obedi- ence and subordination of that kingdom. This reason seems to have held its ground, till lord chief justice Co&'s time ; and though a great reverence is en- tertained for his memory, yet it can never be acknowledged, that an " obiter dietum" of his, or of any other man, is a rule of law. In Calvin's case, the chief justice reciting the foregoing case, says, " Hibernla habet parliamentum, and faciunt leges, & nostra statuta non ligant eos QJJI \ non mittunt milites ad parli- amentum which, adds he, is to be understood, unless they be especially named) And does the " especially naming them," give them a representation, or re- move the injustice of binding them without it ? This observation in plain Eng- lish would run thus. " Our statutes do not bind the people of Ireland^ when, we do not intend to bind them, because^ they are not represented in our parlia- ment : but our statutes bind them, when \ve intend to bind them." What is this but saying " that to speak of their not being represented, is a mere jar- gon ; and the sole point is, \vhether it is our w/7/to bind them" or in other words " that our statutes do not bind them, for a reason, as strong as man can give, and so acknowledged by us to be, which yet, is no reason at all : for, where there is no occasion, for its operation, it applies not ; and where there is occasion, it is of no force." His lordship had just before taken notice that " a writ of error did lye in the king's bench of England of an errone- ous judgment in the king's bench of Ireland ;" and perhaps that led him in the course of his argument to imagine, there might be a like pre-eminence ture. The last, as applied to America, is such a power as mr. Justice Blackstone describes in these of the parliament of England over that of Ireland. That this was his reason seems certain, because at a meeting of commissioners to consider of a projected union between England and Scotland, at which the chief justice was present. Moor, 796, it is said " that parliament has power over Ireland, as is proved by that a writ of error may be brought of a judgment in the king's bench of Ire- land ." In the fourth inst. he also says the people of Guernsey, Jersey and Man, are not bound by the statutes of England, unless they are specially named. Yet whoever examines the statute relating to Ireland, Guernsey, Jersey and Man, will have very little cause to believe, that it has been thought in England, that statutes would generally bind the people of those countries, notwithstanding the subjection of Ireland, and the other islands, the many distresses of the for- mer, and the weakness of the latter have afforded opportunities cf extending such a power over them. With respect to all these places scarce a statute can be found of any period, but for the regulation of their trade. The same obser- vation may be made as to Gascoigny, Guienne and Calais. Justice Wylde in 3 vent. 5, said, "he had seen a charter whereby these places were recited 'to be unit- ed to England by mutual pact. And writs of error run there." " Wales was a con- quered country, and the people submitted to Edivard the first de alto et basso." Whatever pretence the chief justice's opinion was founded on, it has been carefully repeated in many law books since. Whether his lordship meant, that statutes of England could bind the people of Ireland, in taking away trials by jury, taxing them, and indeed, " in all cases whatsoever" or only in preserv- ing their subordination, as by regulating their trade, which was the case refer- red to in his comment, does not appear. The parliament in declaring the de- pendence of Ireland, did not venture to claim a power of binding the people of that kingdom " in all cases whatsoever." a With respect to all these declara- tions, however, as they are made to refer to us, we may answer as the lion did to the man in the fable. Much the same arbitrary construction has been made on the question ; whe- ther a man could be tried in England on a charge of committing treason in a Nor, to this day does the English parliament tax them, &c. And therefore the inference is just, that neither they nor the chief justice meant such a power ( 413 ) words, " whose enormous weight spreads horror and destruction on all inferior movements." The fii-iit is a power subject to a constitutional check. Great-Britain cannot injure us by taking away our - In queen Elizabeth's reign, " Gerrade, chancellor of Ireland, moved that question to the council of the queen, and it was held by Wray, Bier, and Ger- rarJc, attorney general, he could not, because he was a subject of Ireland and not of England, and if tried in England, he could not be tried by his peers." Diet-, 360. Afterwards, to gratify the queen's resentment against some rebels, they were tried in England- and thus passion and complaisance made very good law against reason and justice. Having mentioned Calvin's case, it may not be improper to observe, that if the author of " the controversy" had taken the trouble of reading it, he might have found his perplexities removed on the question that has given him so much anxiety, and brought such a load of reproaches on the colonies. He is provoked at our insolence for pretending to be any thing more than aliens in England, while we deny the power of parliament to bind us " in all cases whatever." In that case, the gentleman would have discovered, that the judges of England held, that a man born in Scotland, under the allegiance of James the first, after his accession to the throne of England, was intitled to all the rights of a subject born in England', though the objection, that statutes of Eng- land could not bind Scotland, or a man residing there, who held lands in Eng- land, was mentioned in the course of the argument. That great difficulty be- ing got over, if the gentleman, will go a step farther, and perceive some little distinction between colonies proceeding out of the loins of England, and the " conquered'' countries of Ireland and Wales, the countries of Gascoigny, Guienne, and Calais, " united by mutual pact to England" and the islands of Guernsey, &c. " lying within the four seas, whose sovereigns annexed them to England :" and will only allow the colonists a little more regard than hprvfest in law books for those countries, and about as much as has been actually observed towards them by parlia- ment, he will have no further occasion to say severe things of those, who are willing to esteem him ; and then, if he can persuade his worthy countrymen to adopt his sentiments, their anger will no longer give pain to those who almost adore them. ( 4*3 ) commerce without hurting herself immediately. The last is a power without check or limit. She might ruin us by it. The injury thereby to her- self might be so remote as to be despised by her. THE power of regulation was the only band that could have held us together ; formed on one of those " original contracts," which only can be a foundation of just authority. Without such a band, our general commerce with foreign nations, might have been injurious and destructive to her. Reason and duty reject such a licence. This our duty resembles that of children to a parent. The parent has a power over them : but they have rights, which the parent cannot take away. Hea- ven grant that our mother country may regard us as her children, that if by the dispensation of Pro- vidence, the time shall come, when her power de- creases, the memory of former kindnesses may supply its decays, and her colonies like dutiful children, may serve and guard their aged parent, for ever revering the arms that held them in their infancy, and the breasts that supported their lives, while they were little ones. IT seems, as if the power of regulation might not inaptly be compared to the prerogative of mak- ing peace, war, treaties, or alliances, whereby ( 414 ) " the whole* nation are bound, AGAINST THEIR CONSENT :" and yet the prerogative by no means implies a supreme legislature. The language held in " the commentaries" on this point is very re- markable. " With regard to foreign concerns the king is the delegate or representative of the people ; and in him, as in a center, all the rays of his people are united ;f and the SOVEREIGN POWER quoad hoc is vested in his person. "f Will any English- man say these expressions are descriptive of the king's authority, within the realm. ct Is the SOVE- REIGN POWER within that vested in his person ?" He is stiled u sovereign" indeed ; " his realm is declared by many acts of parliament an empire, and his crown imperial." But do these splendid appellations, the highest known in Europe signify, that " sovereign POWER is vested in his person within the realm ?" We have a full answer in the commentaries. " The meaning of the legislature, when it uses these terms of empire and imperial, and applies them \o the realm and crown of Eng- land, is only to assert, that our king is equally sovereign and independent within these his domini- ons ; and owes no kind of subjection to any poten- tate upon earth." Thus we maintain, that with re- gard to foreign affairs, the parent original state, 44 is the delegate or representative," of the entire * I Blackft. 252, 257. f Idem. 252. j Idem. 257. ( 415 ) dominions, " the sovereign power OJJOAD HOC is vested" in her. Her acts under this power, " irre- vocably bind the whole nation." But yet this power by no means implies a supreme legislature. THE exercise of this power by statutes was ab- solutely necessary ; because it was, and could only be lodged, as the laws of the parent state stand, in the supreme legislature of that state, consisting of king, lords, and commons ; and statutes are the modes by which their united sentiments and reso- lutions are exprest. It is universally acknowledg- ed in Great-Britain, that it infers no power of tax- ation in king and lords, that their limited authori- ty is used in cloathing, gifts and grants of the commons with the forms of law nor does it in- fer supreme legislature over us, that the limited authority of king, lords, and commons is used in cloathing regulations of trade with the forms of law. THIS power of regulation appears to us to have been pure in its principle, simple in its operation, and salutary in its effects. But for some time past we have observed, with pain, that it hath been turned to other purposes, than it was originally de- signed for, and retaining its title, hath become an engine of intolerable oppressions and grievous tax- ations. The argument of an eminent judge, states the point in a similar case strongly for us, in these words. " Though it be granted, that the king hath the custody of the havens and ports of this island, being the very gates of this kingdom, and is trusted with the keys of these gates ; yet the infer- ence and argument thereupon made, I utterly deny. For in it there is mutatio hypothesis, and a trans- ition from a thing of one nature to another ; as the premises are of a power only fiduciary, and in point of trust and government, and the conclusion infers a right of interest and gain. Admit the king has custodiam portuum, yet he hath but the custody, which is a trust and not dominium utile. He hath power to open and shut, UPON CONSIDE- RATION OF PUBLIC GOOD TO THE PEOPLE AND STATE, but not to make gain and benefit by it : the one is PROTECTION the other is EXPILA- END OF THE FIRST VOLUME. SHE #&:>