r z\\ IB85A- 531 I 'jU CO i u ' u ' THOUGHTS ON LETTER of EDMUND BURKE, Efq ; TO THE SHERIFFS of BRISTOL, ON THE AFFAIRS of AMERICA. BY THE EARL OF ABINGDON. OXFORD, Printed for W, JACKSON : Sol4 by J. ALMON, in Piccadilly, and J. BEW, in Paternofter-Row, LONDON; and by the Itookfellers of BRISTOL, BATH, and CAMBRIDGE. [ Price One Shilling. ] THOUGHTS ON THE LETTER OF EDMUND BURKE, HAVING feen Mr. Burke's late Publication on the affairs of America, I was led to read it with all that attention which every per- formance of his muft neceffarily deferve. I fympathife moft cordially with him in thofe feelings of humanity, which mark, in language fo expreflive, the abhorrence of his nature to the effufion of Human Blood. I agree with him in idea, that the War with America is ?< fruitlefs, hopelefs, and unnatural"; and I will add, on the part of Great-Britain, cruel and unjuft. I join hand in hand with him in all his propofitions for Peaces and I look with longing eyes for the event. I participate with him in the happinefs of thofe friendfhips and connexions^ which are the fubje&s, fo deferved- A 2 ly, 4 The name of Rocking- ham is a facred depofit in my bofom. I have found him difinterefted, I know him to be hc^ neft. Before I quit him therefore, I will firfl abandon human nature. So far then are Mr. Burke and I agreed. I am forry that we fhould difagree in any thing. But finding that we have differed, on a late oc- cafion, in our parliamentary conduct ; and that I cannot concur with him in opinion on a mat- ter, as I think, of very great national impor- tance : it is therefore not in the zeal of party, but in the fpirit of patriotifm, not to confute, but to be convinced, not to point out error, but to arrive at truth, that I now venture to fubmit my thoughts to the Public. I feel the weight of the undertaking, and I wifh it in abler hands, I am not infeniible to my own incapacity, and I know how much I fland in need ot excufe ; but as public good is my object, public candour, I truft, will be my beft apologift. Mr. Burke commences his Letter with the mention of " the two laft Acts which have ct been ,paffed with regard to the Troubles in I think bad. To explain myfelf. He confiders a partial Sufpenlion of the Habeas Corpus a greater evil than an univerfal fufpenfion of it. I conceive the contrary : though if Mr. Burke's premifes were right, I fhould approve his reafoning, and admit his confequences. He fays, " whenever ** an A61 is made for a ceffation of law and " juftice* ( 7 ) " juftice, the whole people fhould be univerfally " fubjefted to the fame fufpenfion of their " franchifes." Be it fo : but then the whole people fhould fall under the reafon and occa- fion of the Act. If England was under the fame predicament with America, that is to fay, if Englifhmen were looked upon to be Rebels, as the Americans are, in fuch a cafe, a partial fufpenfion of the Habeas Corpus would be invi- dious, and confequently more unjuft than a ge- neral GiCpenfion of its for why fhould one Rebel be diftinguiihed from another ? but Englifh- men are not accounted Rebels, and the Ameri^ cans are ; and therefore in the fame degree that 3 partial fufpenfion, on the one hand, might be juft, an univerfal fufpenfion, on the other, "would be unjuft. Where the offence is local, the punifhment too mufl be local. It would have been unjuft if the lands in America had been forfeited to the Crown in the year 1745, becaufe Scotland was then in rebellion. I do not ufe thefe arguments in favour of the Bill. The principle was bad with refpedt to America : it was worfe with regard to this country. And herein confided the very malignity of the Bill : for whilft the Habeas Corpus was taken away from the imputed guilty Americans, the inno- cent Englifh were at the fame time deprived of its benefit j fufpicion, without oath, being A 4 made ( 8 ) made the two-edged fword that was to cut both ways. But, fays Mr. Burke, "The alarm offuch a " proceeding," (that is of an univerfal fufpen- fion of the people's franchifes) " would then be " univerfal. It would operate as a fort of call " of the nation" As to my part I have heard fo many calls of the nation of late, without any anfwer being made to them; that I fearthe nation has either loft its hearing or its voice : but fuppoiing otherwife, of what avail can a call of the nation be againft the fupremacy of an aft of parliament ? And who fhall dare to refift the authority of a ftatute that can alter the efta- blifhed religion of the land, nay even bind in all cafes whatsoever ? But more of this by and by. Mr. Burke goes on to fay, f call of the nation/' But even here, I mull not think it juftifiable, unlefs fupported on the following grounds. In the firft place, the feceffion muft be general, that is to fay, it muft not confift of this or that party only in oppofition, but muft include the whole minority againft the meafures that have provoked feceffion. In the next place, it mull be a feceffion not fubjilentio, but proclaimed either by Remonftrance on the Journals, or public Addrefs to the People ; and when both thefe circumftances attend the a&, then fecef- fion is not only juftifiable, but is the moil faith- ful pledge of duty that can be given. I have therefore exceedingly to lament that a fecef- fion, fuch as this is, has not been carried into execution ; and not only on account of the proof that would have been given thereby to the nation of the fincerity of oppofition, but becaufe I do verily believe from my foul, that if it had, daring as minifters are and have been, they would not have prefumed to have gone the lengths they have done in the open viola- tion of the Constitution; though upheld, as they fay they are, by parliament, by the country- gentlemen, and by their long tribe of obfequi- pus addreflers, But ( 14 ) But to return more direftly, to the ment of Mr. Burke, and admitting that " all " oppofition, where the name of America ap- f* pears, is vain and frivolous," and therefore that Mr. Burke was right in not debating againft the ^Bill, the fame reafon muft hold good in every cafe of oppofition where the fame circumftances exift : for not to debate in this inftance, and to debate in another, " where e the name of America appears," muft be wrong. Both cannot be right. And there- fore Mr. Burke's repeated propoiitions fo ably made, and fo well fupported, for peace, might have been difpenfed with. Objections to taxes, in aid of this deftructive war, were unneceffa- ry. In fhort all debate was * { Time mifpent, and language mifapplied :" for " all oppofition is vain and frivolous, where " the name of America appears," Having thus ftated the reafons, and examined the motives that occafioned a difference in con- dutt between Mr. Burke and me ; I (hall now, turning over thofe many leaves of his letter, of which, were I to take any notice, it muft be in admiration and in praife, proceed to that part of it wherein our difference In opinion prevails. And here, in page 46, Mr. Burke fays, " But I "do ( is ) ** do afiiire you, (and they who know me pub- * c lickly and privately will bear witnefs to me) cc that if ever one man lived, more zealous " than another, for the fupremacy of Parlia- < e ment, and the rights of this imperial Crown, " it was myfelf." Now if I cannot join with Mr. Burke in this folemn declaration of his, I truft, it will not be therefore imputed to me, that I am lefs zealous than he is for the rights of the firitifli Legiflature 5 nor if { object to the terms of his propolition fhall I be condemned as captious : for to cavil does not belong to me, and more efpecially about words. But when I fee, and know, and am perfuaded, that thefe very modes of fpeech, jupremacy of Parliament * rights of this imperial Crown, with their kindred others, unity of Empire y allegiance to the State, and fuchlike high-founding fefquipedalia verba, by becoming, in defiance of their impropriety, the deities of modern invocation, and by ope- rating as incantations to miflead mankind, have done more mifchief to the State even than the fvvord itfelf of Civil War; be their authority ever fo great, I can never fubfcribe to their ufe. Supremacy of Parliament is a combination of terms unknown to the Englilh polity ; and as to allegiance to the State, though it be the fandtified phrafeology of an Archbifliop, it is, like the cc Whiggifm" he cenfures, allegiance " run ( 16 ) he fhall protect the rights of the People. Obedience is due to the laws, when founded on the conftitution : but when they are fubverfive of the conflitution, then diibbe- dience inflead of obedience is due j and re- fiftance becomes the law of the land. Thefe were my reflections, confequent on Mr. Burke's declaration ; but my hope was, that although we differed in ivords^ in things we might yet be agreed. How great then was my difappointment, when inftead of feeing this fubjecl: unrobed of its gorgeous apparel, and like truth made to appear naked and unadorned, when inftead of difcuflion, which fuch a decla- ration feemed neceffarily to call for, when in- ftead of reafoning, and of argument, as if afraid of their confequences, I found afiertions without the fhadow of proof, and precedents importing no authority, but upholding error, fubftituted in their room. " Many others, in- " deed," fays Mr. Burke," might be more " knowing in the extent, or in the foundation B " of of thefe rights. I do not pretend to be an antiquary, or a lawyer, or qualified for the chair of profeflbr in metaphyfics. I never ventured to put your folid interefts upon fpe- culative grounds. My having conftantly de- clined to do fo has been attributed to my in- capacity for fuch difquifitions > and I am in- " clined to believe it is partly the caufe. I ne- " ver fhall be aihamed to confefs, that where " I am ignorant, I am diffident. I am indeed " not very folicitous to clear myfelf of this im- ce puted incapacity; becaufe men, even lefs cc converfant than I am, in this kind of fub- " tilties, and placed in ftations, to which I " ought not to afpire, have, by the mere " force of civil difcretion, often conducted the " affairs of great nations with diftinguimed " felicity and glory." This may be very true, but furely it is not very fatisfadtory. To be more zealous than any one man living 6C for the " fuprernacy of parliament ; and the rights of " this imperial crown," and lefs knowing than others " in the extent and foundation of thefe " rights/' is to profels more of implicit faith and enthufiafm, than, I confefs, I expeded to have met with, at leaft now adays, in civil concerns. Of fanatics in the church I knew there were ftill many to be found, but a ftate fanatic, I thought, was a phenomenon in poli- tics ( '9 ) tics not of modern appearance. If indeed our parliaments were, as our Scottifh race of Kings held themfelves to be, God's vicegerents, and governed the ftate de jure divino ; then fuch a degree of belief had been only correfpondent to the occafion of it : but parliaments have ever been the works of men's hands, as, thank God, we now know that our kings are 5 or other- wife we had not had our prefent moft gracious Majefty on this throne, nor yet that additional folemn contradt between king and people, I mean the aft cf fettlement y for the eternal fecu- rity, as I truft, of thofe rights of the fubjedl which are intrufted to the executive power. Again : Why fhould a man be eilher antiqua- rian, lawyer, or metaphyficiarj, or what need is there of fpeculation, to know and this obliges me to be more circumftantial. The fubjecl; is a deep one ; and the confideration of it the moft interefting of any that ever fell un- der political contemplation. It is no lefs than to know whether our civil exiftence has any real foundation ; or whether, as it is faid of the fea, it be without a bottom. Perhaps I may be loft in the depths of refearch : but if I am, I carry this coniblation with me, that I fink in the caufe of truth. I have this hope, however, of prefervation about me, that I (hall not dive into myfteries, nor yet venture among the quickfands of metaphyfical abflradtions. The constitution of my country is the ground on which I wifli to ftand, and if I gain this ihore, my.fafety prefent will reward the dan- gers pad. Mr. Mr. Burke having given us his creed in the fupremacy of parliament, next applies its un- limited power to and over the American Colo- nies ; and then tells us what the fupremacy of parliament is in England. I (hall confider the laft firft, namely the fupremacy of Parliament in England, as a major proportion in which the minor is contained. He fays (in order to ihew " the compleatnefs' of the legifktive an- " thority of parliament over this kingdom' ) that " if any thing can be fuppofed out of the power they * Vide his Commentaries, vol. i. p. 161. J I am aware how much I here differ from the very able Pre- late, who is for harneffing Church and State together, like coach and horfes, that He as one of the drivers may enjoy the fmack of the whip ; a fmack which he cannot forget, and which he gave me reafon to remember when I was at Weftminfter fchool : B 4 but ( 24 ) are general, affeting every member of the community equally and alike. Religion is of a fpiritual nature : it is a negative duty, and not a pojitive right : it is not general, but varies according to men's confciences : it is the fub- iect of toleration, for no laws can have power over men's minds. What Act of Parliament can make me believe that three is one, or one is three, if I do not chufe to believe it ? Or that my falvation in the next world is to be obtained by the belief of 39 articles in this ? The ejla- Blijhed religion, therefore, is no more than that drefs which the State taylors have provided for Religion to go to court in ; and the tame taylors that made this drefs y can alter it, as we have leen, and as the fafhion of the times changes. But if this was not the cafe with the efta- bliihed religion, how, in the next place, does its alteration mew the right of Parliament to omnipotency ? What effect has it had on the conftitution ?, Are we lefs free now, either in Church or State, than we were before the Re- formation ? I mould imagine that we are more free in both, and if fo, freedom being the firft principle of the conftitution, the power of Par- but as I am now out of his clutches, fp I hope I am out of his books too, at leaft fuch as are akin to his political fermons. Vide Archbifliop of York's Sermon, p, i o. liament C *s ) Kament to alter the ejlablijhed religion has been but correfpondent to its right ; and therefore, whilPc it is no proof of the fupremacy of Par- liament, I ihould not be forry to fee a little more alteration of it. I think it may ftill be amended^ without offence to the people, or in- jury to the conftitution ; nay even with fatis- fation to fome of the clergy themfelves. The fecond precedent is that of the High Commif- Gon Court, and the Star Chamber 5 which is in direct proof of my argument : for they, being ufurpations of power y and abufes of the right of Parliament, have been diffolved ; and therefore I agree with Mr. Burke that it would be madnefs to revive them, and for the reafon he gives too, to wit, " the incompetence of " Parliament:" though if the power of Parlia- ment be unlimited^ is not the incompetency of Parliament a pofition fomewhat paradoxical ? The third precedent is, fc the King's negative " to Bills, which is wifely forborne." This is the forbearance of a known right to a power veiled by the conftitution in the Crown, and not the exercife of a power unknown to the conftitution. As it therefore ihews, that, even where there is a manifeft power, that power is limited ; fo it proves, of courfe, that where there is no manifeft power, there can be no right to unlimited power. The laft precedent is is that concerning the Convocation of the gy ; and to this, what I have faid on the head of the eftabliJJoed religion, inafmuch as ecclejia- fiical matters have nothing to do with civil concerns, may here be applied. But I do not recolledl that, in bringing the Convocation of the Clergy to its prefent formal ftate only, there was any exertion of power of any kind to this end. If I remember aright it was a bargain. It was agreed that, on their Convo- cations becoming merely pafllve, the beneficed Clergy fhould pay no further fubfidies to the government, as they ufed to do in Convocation ; and that they ihould be reprefented in Parlia- ment, by being allowed to vote at the elections for Knights of the Shire : for before this they were not reprefented in Parliament, but in their own Convocations; and therefore Parliament had no right to tax them, nor were they taxed by Parliament, notwithftanding its unlimited power* and " the compleatnefs of its legiflative fe authority over this kingdom." If this then be the refult of thefe precedents, and the State of what has been offered by Mr. Burke for this' 'arbitrary right in Parliament, extending even to Religion itfelf, and whofe pzwer is limited only by " the mere force of * e civil difcretionj" is there nothing further that may may be faid again/I this right ? I mall confider. There is nothing fo much talked of, and yet nothing fo little underftood, as the Engli/h Con- Jlitntion. Every man quotes it, and upon every occafion too : but few know where to find it. If one enquire after it, an Adi of Parliament is produced. If you afk what it is, you are told it is the Law. Strange miftake ! The Conftitu- tion and the Law are not the fame. They dif- fer and in what manner I will endeavour to point out. In the great machine of State there are found three principal powers, with a variety of others fubordinate to them - 3 particularlv the Prerogative of the Crown : which is a power there veiled not to counteract the higher powers, but, if at any time there mould be occafion, to fupply their deficiencies. The firft of thefe principal Powers, is the Power of the People ; the fccond, the Power of the Conftitution ; the third, the Power of the Law. Now the Power of the People is firft, becaule, without People, there could be neither Conftitution nor Law. The Power of the Conftitution is iecond, for it is the immediate efTed of this firft caufe $ and if the People and the Conftitution make the firft and the fecond Power > there is no need to prove that the Law is the third Power of the State. It follows in the order I have laid down. As from the People then is derived the Conjlitu- tion, ft on, fo from the Con flit ut ion is derived the Law > the Conjlitution and the Law being, in a due courfe of lineal confanguinity, the de- fcendants of the People. But now I (hall be afked, what is this Confli- tution, and what is this Law? I anfwer, that by pointing out their relations, their differences too are marked. But this is not enough : defi- nition is neceffary, and therefore, as a definition of the name I would fay, that Conjlitution fignified Company and was the fame with public or poli- tical Law - y and that Law, as here meant, was the municipal or civil Law of the State ; but as a definition of the thing^ perhaps both may beft appear as derived the one from the other. I define Conjlitution then to be, thofe Agree-* ments entered into, thofe Rights determined upon, and thofe Forms prefcribed, by and be- tween the Members of any Society in the firft fettlement of their union, and in the frame and mode of their Government ; and is the Genus whereof the municipal or civil Law of fuch ertablifhed Community is the Species : the for- mer^ afcertaining the reciprocal duties, or feveral relations fubfifting betwixt the governors and go- verned \ the latter ', maintaining the rights and adjusting the differences arifing betwixt indivi- duals, as parts of the fame whole. And this I take ( 29 ) take to be the true diftindlion, and real diffe- rence between the Conjlitution and the Law of England. But this is matter of Theory only. It is the paffive ftate of Government, and Govern- ment muft be a&ive. Praffiice therefore is to be ibperadded to this Theory ; and hence the ori- gin of Parliaments. What then are Parlia- ments ? Parliaments make the formal, as Rights do the fubftantial, part of the Conflitution ; and are the Deputies, the Agents, or Appointees of the People, entrufted by them with the Powers of Legijlation, for the purpofe of pre- ferving (and not of deftroying) the eftablimed Rights of the Conflitution. But what are the eftablifhed Rights of theConftitution ? In detail^ they are multifarious, and many : but reduced to their firft principles, they are thefe, fcc Security " of Life, Liberty, Property, and Freedom in < Trade" Such are the great Outlines of the Englijh Conjlitution, the fhort hiftory, or abflracl: of that original Compatt, which is the bond or cement of our civil union, and which forms, in particular, the relations that exift betwixt the legijlative Power of the State, and the People. But there is ftill another relation to be confidered. The legijlatfae Power of the State muft receive its force from an executive Power. This exe- cutive Power is lodged in the Crown, from whence a relation arifes betwixt the Crown and People -, and is called " the Contrail between " King calls for different covenants ; and therefore the King, at his coronation, takes an oath to protect the Rights of the People ; and the People, in re- turn, owe, and may be called upon to fwear, Allegiance to the King. It may be further obferved, that as it was not to be fup- pofecl that Parliaments, whofe rights were precifely the fame with thofe of the People, could poflibly enacl Laws fubverfive of thofe Rights, fo the original Compact feeming to require no other fan&ion, no other agreement between the legiflative Power and the People was ever thought of: but now Corruption, that felf- devouring monfler of the State, making frefn covenants necef- fary, it is to be hoped, that the fame explicit, uncvofive, exprefs Contract, which exiils between the King and People, will foon, very foon, be made to fubfiit between the Parliament and People. It was the doclrine of unlimited Power in the Crown that obtained the former ; it is the ROW new and more dangerous doclrine ot unlimited tftiiuer in Parliament that muft procure the latter. (aid, faid, How is this known, and where is this to be found ? I reply, As well in the reafon of the things themfelves, and our own experience, as in the letter and fpirit of our Charters : for inftance, in Magna Charta, which is not only declaratory of the original Compatf, or funda- mental Rights of the People, but is itfelf that folemn Contratf, which was had between King and People, for the proteftion of thofe Rights; and therefore, as fuch, proves quod erat demonjlrandum. But now I may be told, that although I have made a diftinftion between the Conjlitution and the Law of England, I have cited Magna Charta^ which is an Aft of Parliament, and confequently the Law of England, as for the Conjlitution of England. The objection is fpe- cious only, for it is groundlefs. In the firft place, it is not true that Magna Cbarta is an Aft of Parliament ; and for this reafon : that it was obtained in the field of battle, with fword in hand, in Runing-Mead, bet ween Wind- for and Staines, where the People had pitched their tents, and where, as hiftory further in- forms us, " King John arid his adherents ap- " peared to be an inconiiderable number, but " the Lords and Commons filled the country." It ( 3* ) It is therefore true, that Magna Charta was the Aft of the People at large y and not of the Legiflature alone. Befides : it is proved by Acts of Parliament, that it is not an Ad of Parliament $ and that Parliament (unlimited as its power is now faid to be) has no power over it at all : for it is declared by the ftatute of the 25th of Edw. I. that Magna Cbarta was ob- tained by the common jlffent cf all the Realm* and that it was to be received as the Folcright> or common Law of the Land. And by the 43d of Edw. III. all ftatutes made againft Magna Cbarta are declared to be void : fo that whilft Magna Cbarta proves the Conftitntion to be anterior to the Law, Acts of Parliament fhew that it is not fubjecl: to the Law, nor under the power of Parliament. But, in the next place, admitting Magna Charta to be an Act of Parliament, ftill the objection remains without foundation. For Magna Charta, be- ing not enatfive of new Rights, but, as I have faid before, declaratory only of thofe old Rights of the People, fome of which are of Saxon anceftry, others coeval with the firft form of Britifh Government, is a Law only in proof of the Confutation ; and therefore fupports my pofition, that the Conftitution and the Law are not the fame. But ( 33 ) But there is ftill another objection, which I muft anticipate in order to remove. It may be objected, that if (as I have fhewn) the People be made the Jburce of all power in the State, ia what manner is fuch an idea to be reconciled with the dodtrine, that " Government certainly " is an Inftitution of divine Authority?" * for thefe (upon another occafion) are the words of Mr. Burke > though, he adds, that its Forms and the Perfons who adminifler it> all originate from the People. What a pity that an paffive obedience and non- refiftence, is now from the as I am content to judge of things paft by the prtfent, kaving to others all better rules of judging 3 and inafrnuch as example goes before precept ; fo theprefent ftate of America afford- ing not only much notable information on this head, but ferving to illuftrate the whole of itfhat has been here faid on the fubject of Go- * See a Sermon preached before the Univerfity of Oxford, on friday, December 13, 1776, being the day appointed by pro- clamation for a general Fail. By Myles Cooper, LL. D. Pre- fident of King's College, New- York, and Fellow of Queen's College, Oxford. Publifhed at the requeft of the Vice-Chan- ccllor and Heads of Houfes, afid printed at the Clarendon prefs. This Doctor fays, p. 12. '* It is difficult indeed to affign any " reafens that will juftify the Rebellion of Subjects againft the " fovereign Authority." " Submiffion to tlie higher Powers" & is enjoined at leaft upon Chriftians, under the feve reft penalty. " But were Chriftianity altogether out of the queftion, yet the " iufurreUon of fubje&s againft their rightful Governors, is 41 condemned by thofe Laws which are fundamental to fociety." He fays too, p. 22. " When men's principles are wrong, their " practices will feldom be right. When they fuppofe thofe " Powers to be derived folely from the People, which are or- " dained of God, and their heads are filled with ideas of ori- *' ginal Compacts which never exljlcd^ and which are alwayi " explained fo as to anfwer their prefent occafions ; no wonder " that they confound the dudes of rulers and fubjeds, and are *' perpetually prompted to dictate where it is their bufinefs to " obey. When once they conceive the governed to be fuperior " to the go-vernors, and that they may fet up their pretended " natural Rights in oppofition to the pofitive Laws of the State ; " they will naturally proceed to *' defpife dominion and fpeak " evil of dignities," and to open a door for anarchy, confufion, " and every evil work, to enter." What more did Sacheverel fay ? And yet Sacheverel was impeached, whilft Do&or Cooper may expect preferment. ( 35 ) ternmeht, I ihall, with fome advantage I truft, and in as few words as I can, make ufe of the inftance. America, having declared itfelf independent of Great-Britain, returned to that ftate of Na- ture, or ftate of Society, where Government was to be instituted; arid being fo circum- ftanced, whilft it proceeded to form itfelf into feparate Commonwealths, or States, each Com- monwealth or State provided a Conftitution or Form of Government of its own j which, al- though differing in mode and manner, agreed in fubftance and effect* The Precedent there- fore of one Conftituticn anfwering for every other, I ill all here avail myfelf of fuch extracts from the Conftitution of the State of Majfa- cbufettS) as are neceffary to my pUrpofe. This Conftitution then, or Form of civil Govern- ment, con fills of forty-three Articles^ and is entitled, " An Adi of the General Convention of " the Common wealth, or State ofMaflachufetts, " declaring the fame to be a free State, and " independent of Great-Britain, and eftablifh* It next recites thofe (but too much to be lamented) arbitrary and defpotic meafures of this country^ which occafioned the C 2 Declaration ( 36 ) Declaration of Independency ; and after this, proceeds to fay, " pofed out of the power of human legifla- " ture, it is religion ;" if they are bound by no other rules than " the great principles of " reafon and equity, and the general fenfe of which is the common Law of the Land) has been in direct oppofition. I fay in direct oppofition, for America, from beyond the .memory of man, nay, even from the very firft date of its civil exiftence to the era of this reign, has been. uninterruptedly ufed to the in- ternal Taxation of itfelf. This Law therefore, rnuft be repealed. As it was enacted for the dignity of this country, fo for juftice fake, which is the true dignity of this country, let it now be repealed. It is againft Right, and ufurped Power cannot up- hold it. It is true the motives that brought it into being were intentionally upright, but with the patronage of the Author of thofe motives, the motives themfelves ceafed 5 and of the Act fince, C 53 ) frnce, the double Cabinet, as Mr- Burke calls them, has made an infamous ufe. They knew not where to look for the Right of Taxation. They found it in this Aft, and have fo tyran- nized under it, that America has now damped its foot upon it, and will never ftir a ftep until and the worft of all forte : for it is as " a wolf in fheep's cloathing," and cometh unawares, " like a thief in the night. See p. 19 of the above ferm on. Again, his Lordmip fays, " Thefe indeed" (that is " Def- " potifm and Anarchy) have ufualfy gone together * for no Anar- ** chy ever prevailed, which did not end in Defpotifm." This is a Bull, but an Irifh one; and not a Popifh Bull. If where Anarchy prevails Defpotifm ends t Anarchy and Defpotifm cart- not ufually go together. See p. 20. His Grace will excule the Attention I have paid him in the courfe of my obfervations : but as I am unfortunately one of thofe Parties who have (according to him) " no Principle belonging *' to them," and are " in the laft ftage of political Depravity," I was willing to examine, a little, his Lordlhip's principles ; that if I approved them, I might adopt them. ( 64 ) good or bad, whether it be to efrablim Popery or Proteftantifm, whether it be enacted by an honeft, or by a corrupt and abandoned Parlia- ment ; when I fee men that were pillored in the reign of good old George II. penfioned in this, and for the fame reafons ; when I hear of others hired to root out the very idea of public virtue from the minds, and tear benevo~ knee from the hearts of Englishmen ; when I reflect, but why add more to the black cata- logue of public dangers ? it is time to look at home : it is time, even with Stentorian voice, to call for union among the Friends of the Conflitution : it is time that private opinion fhould yield to public fafety : it is time that we keep both " watch and ward,'' for if the liber- ties of our fellow-fubjects in America are to be taken from theirs, it is for the ideot only to fuppofe that we can preferve our own. The dagger uplifted againft the breaft of America, is meant for the heart of Old England. Non Ggitur de veffiigalibus, Libert as in dubio eft. In fine thefe are my Sentiments, and thefe my Principles. They are the Principles of the Conftitution ; and under this perfuafion whilft I have figned them with my Name, I will, if neceffary, as readily, feal them with my Blood. FINIS. RETURN JO LOAN PERIOD 1 HOME USE Cn^LATIONlDEPARTMENT Main Libra ALL BOOKS MAY BE RECALLED AFTER 7 DAYS and Recharges .ay be .ode 4 days prior to the due dote. Books moy be Renewed by colling 642-3405. STAMPED BELOW FORM NO. DD6 UNIVERSITY OF CALIFORNIA, BERKELEY BERKELEY, CA 94720 @s U.C. BERKELEY LIBRAI coaoaisoat, THE UNIVERSITY OF CALIFORNIA LIBRARY v \ A J'