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rata 
) 


elure. 


J 


I2X 


1 

2 

3 

1 

2 

3 

4 

5 

6 

r ., 


K 


mmmmi 


*r  HE 


RIGHTS 


K 


O  F    T  H  E 


Britijh  Colonies 

Afferted  and  proved. 


^"m^^ 


By     JAMES     OTIS,     £/^> 


Hac  omnis  reg'io  ^  celft  phga  pinea  month 
4Jedat  amicities  Teucrorutn  :  ts  feeder  it  aquai 
Dicamus  leges^  fociofque  in  regna  vocemus. 
Confidanty  ft  tmtus  amor,  i^  moenia  condanU 

ViRG* 


'  - '      ■  -  *  •'-•-■"4?  i  • 

BOSTON,  NEW-E NGLAND,  Printed  : 

London  Reprinted,  for  J.  Almon,  oppofite  Bur-* 

lington-Houfe^  Piccadilly^ 

[Price  Two  ShiUings.] 


■l>-5 


•  * 


I  N  T  R  O  D  U  C  T  i  O  N. 


Of  the  Origin  of  Government, 


\ 


I  < '  •  I  •  •■  I 


TJMIE  origia  ot  government  has  in  all  ageJ  ■. 
»    no lefs perplexed  the  heads  of  lawyers' 
and  politicians,  than  the  origin  of  evilh2iS  em-  . 
barrafled  divines  and  philofophers :  and 'tis 
probable  the  world  may  receive  a  fatisfadlory 
folution  on  both  thofe  points  of  enquiry  at  the 
fame  iimt* 

The  various  opinions  on  the  origin  of  ffo- 
vernment  have  been  reduced  to  four,  i.  That 
dominion  is  founded  m  Grace,  2.  On  force 
or  mcev  power,  3.  On  compact.  4.  On  pro- 
perty.  " ' 

The  firft  of  thefe  opinions  is  fo  abfurd,  and^ 
the  world  has  paid  fo  very  dear  for  embracing 
it,  efpecially  under  the  adminiftration  of  the, 
Roman  pontiff's, .  that  mankind  fecm  at  this  day ' , 
to  be  in  a  grea,t  meafure  cured  of  their  mad- 
nefs  in  this  particular  j  and  the  notion  is  piret-" 
ty   generally   explo(Jed,    and   hifled    off  the'  ' 
^age.  ^^ 

To  thofe  who  lay  the  foundation  of  govern* 
ment  m  force  and  meer  brutal  power  ^  itis  ob-   [ 
jedled  j  that,  their  fyftem  deftroys  all  diftinc- 
tion  between  right  and  wrong  ',  that  it  over- 
turns all  morality,  and  leaves  it  to  every  man 

B  2  to 


i» ' 


»<w(».t^n<w»«<t«i  ■  ■*<*'^irp»WMii 


(4) 

to  do  what  IS  right  in  his  own  eyes  j  that  it 
leads   dire(ftly  to  fcepticifm,    and  ends  in  a^ 

his  only  rule  and  guide,  what  fafety  can  mere 
be  either  for  him  or^  againft  him,  but  in  the 
point  of  afwcttifvO    V.   ^C'^yX)   ^ot\\   vO 

On  the  other  hand  the  gentlemen  in  favour 
of  the   prghial  ,cpmpa5i  have  been  often  |9l[L.. 
tha'tVj^>/r  ,iyjl:erri  i^'cfiVrtjedcftl  an'd'ttnfi^p'pbrte J 


may  De  agam 
'^';Wher^  an^ 

pa(S"fo'r  ihtfoilucing  government ..,  —     . 

ciety,  or  for  creating  a  lociety,  made. ?/ Wba^^^ 
knd  i5arties  ird  fdch  compai^' r 


where  Was  the  orieinal  com-  ,  \ 
-ine  government  mto  anv  lo-    ., 


were  prefent 
Who  a'ded  for  infants  ..^lid  j  women,  or  vyho    / 
appointed  guardians  for  them?   Ha4 '  thcie' 
guardians  power  "to  bind  both  infants  and  Wo- 
men  during   life^  ^nd    their    poft^ritj^  .  aft'ej;?  ^ 
them?  Is  it  in  nature  of  r^afon  that  a  gpardian 
ihould  by  his  own  adl  perpetuate   his- power    ^1 
over  his  Ward,' arid  biila'hiiii  drijd' his  pofterity    V 
m  chains  r  Is  not  every  man  porn  as  free   by: 
nature  as  his  father  ?  ffas  he  not  tTic  fkrfie  ria-', 
tural   right   to  thirilc  and  ' p£t'  and  coiitra^l  for 
him'feTf  ?  Is  it  pouibie  for  a  riian  to  have  a  na- 
tural right  to  make  a  flave  oi  himfelf  or  of  his 
poflierity  ?  Can  a'father  fiiperfede  the  laws  of 
nature  r    vVhat  man  is  or  eyer  was  born  free, 
if  every  man  is  riot  ?  What  wijl  tiheVe  be    to      ' 


J 


I.}  I 


difirnsuidi   the  ne'xt 


of 


gene{ation  ot  men 
their  forefathers,   that  they  fhduld 


from 
have 
the 


•■t 


the  ftiwe  ijlght  to  ma^c  original  cbipiipafJis.  as 
tt^eir  ^nq^ftqrs  had?  If  every  man  ha|9  fuch, 
right,  ipay  thc;rc,  not  be  as.ijiany  origin^  comi-,, 
paft§  s^s  tl^cr^e  aye  men  ar>4  wQ^rxcp  bgrp  pp  .to  ": 
be  borp  ?  Are  rjpt  wom^n  born  as\fre^  as  ; 
men  ?  WoUjWitndtbeinfanious  to^fet  that , 
the  latiles,  ^re  all  flave^, by  nature  ?  Ifey^ryj 
tnan  an^  W9man>boni  pr  to  be  bprnl^aSi^  -and  ;. 
wQl  haye^  ^.Tig^  to  be  capful  tod,  ap^jii^jft:  \ 
accrede  to  thp  original  cpmp^^  betej^.'tihtfy,  can  r; 
w^ih  py  kind  of  j  lift  ice  b^  Jaic}  to  be  t^ojipcl.  /r 
by  it^  wjll  not  the  compadt  be  ever,  forming, 
and  n^vcr  fioifljed,    ever  \  ifnal<ing  |)iit  ,  neyer/,/, 
done?  C^n  U  with  propriety  be,  tailed  a  copi-    , 
padl  orfgmall or  dcri\fative,  that  is  ev^r  in  trT^^a-,  ,; 
ty  l3utj;ieyer  conclujded  ?"     ,  ,,  ,  ,       ^ 

When  it  has  been  faid  that  each  man  is  \. 
bound  as  foon  as  he  accedes^  and  that  the  con- 
fen  t  may  be  either  exprefs  or  tacit,  it  has  .been 
afked,  "  V^hat  is  a  tacit  confent  or  conipa(5t;p 
Does  it  npt  appear  plain  that  thofe  who  f^f«fc 
their  aiTent  cannot  be  bound  ?  If  one  is  at  li- 
berty to  accede  or  not,  is  he  not  at  liberty  to 
recede  on  x\\f.  difcovery  of  fope  intolerable 
fraud  an,d,^l>u^e  that  has  been  palmed  i,ipQO 
him  by  the  reft  of  the  high-contradling  pair- 
ties  ?  Will  npt  natural  equity  in  feveral  fpecial 
cafes  refcind  the  original  compad:s  of  great 
men,  as  effectually  as  thofe  of  little  men  are 
rendered  null  and  void  in  the  ordinary  courfe 
of  a  court  of  chancery  ?" 

There  ^re  other  queftions  which  have  been 
ftarted,  and  a  refolution  of  them  demanded, 

which 


t» 


f  > 


,11 


if. 


i-:- 
"H- 

m'-'' 

m 

m 


m  1 


I 


which  may  perhaps  Be  deemed,  indecent  .by, 
thofe  who  hold  the  prerogatives  of  an  earthly 
monafch,  and  even  the  power  of  a  plantation , 
government,  fo  facred  as  to  think  it  Iittls  lefs 
than  blafphemy  to  enquire  into  tl^eir ,  origf n 
and  foundation:'  while  the  government pf  the 
fupreme  fUfefot  the  univerfe,i's  every  day  dif-, 
cuffed  with  Iel*s  ceremony  and  decency  than 
the  admiriiftrat^bn  of  a  petty  German  pripce. 
I  hope  the  reader  will  confider  that  J  am  at 
prefent  only  mentioning  fuch  queftions  zi  have 
been  put  by  high-flyers  and  others  in  churcli 
and  ftate,  who  woiild  exclude  all  cornpaft  be- 
tween a  fbyereign  artA  his  people,  withdut  of- 
fering my  own  fentiments  upon  them  ;  this 
however  I  prefumc  I  may  be  allowed  hereaf- 
ter to  do  without  offence.  Thofe  who  wai;it 
a  fuli  atiAver  td  them  may  conlult  Mr.  Locke's 
difcoWrfes  on  governnierit,  M.  t)e  Vatters  law 
of  nature  and  nations,  and  their  own  con-, 
fcienccs. 

"What  ftate  were  Great -Britain,  Ireland, 
and  the  Plantations  left  in  by  the  abdication 
of  Jdmi^  II  ?  Was  it  a  ftate  of  nature  or  of  ci- 
vil goveriiment  ?  If  a  ftate  of  civil  govern- 
ment, 'Where  were  the  fupreme  legiflatiye  and 
executive  powers  from  the  abdication  to  the 
election  of  William  and  Mary?  Could  the. 
Lords  and  Commons  be  called  a  compleat 
parliaihent  or  fupreme  power  without  a  King 
to  head  them  ?  'Did  any  law  of  the  land  or  any 
original  compact  previous  to  the  abdication 
provide,  that  on  fuch  an  event,  the  fupreme 

*'  power 


■1 


h 


^' 


I 


(>)  -  - 

•power  fliOjUld  devolve  on  the  two  houfes? 
Were  not  both  hoyfcs  fp  maniftftly  puzzled 
w^h  the  riovelty  apd  ftrangenefa  of  the  event, 
and  fo  far  from  finding  any  a^  of  parU«ti*iciii, 
book-cafe,  or  pr^gqedcnt  to  help  them,  that 
they  difputed  in  folcmn  conference  by  what 
name  to  call  the  adtion,  a^d  at  lail  gave  it  one» 
as  new  in  our  language  and  in  that  of  parlia- 
ment as  the  thing  itfelf  was  in  fad*  ? " 

If  on  this  memorable  and  very  happy  even* 
the  three  kingdoms  and  the  dominions  fell 
back  into  a  flate  of  nature,  it  will  be  afked, 
"  Whether  every  man  and  woman  were  not 
then  equal  ?  If  fo,  had  not  every  one  of  them 
a  natural  and  equitable  right  to  be  confulted 
in  the  choice  of  a  new  king,  qr  in  the  forma- 
tion of  a  new  original  compaft  or  governmcpt, 
iif  any  new  form  *had  been  made  f  Might  not 
the  nation  at  that  time  have  rightfully  changed 
the  monarchy  into  a  repi^blic  or  any  form,  that 
might  feem  befl;  ?  Could  any  change  from  a 
ftate  of  nature  take  place  without  univerfal.con- 
fent,  or  at  leaft  without  the  confem  of  the 
majority  of  the  individuals  ?  Upon  the  prin- 
ciples of  the  original  compadl   as  commonly 

ex- 


*  On  King  Jan»es*s  leaving  the  kingdom  and  abdicating  the 
government,  the  lords  would  have  the  word  defertion  made  ufe 
ofv  but  the  commons  thought  it  was  not  comprehenfive  enough, 
for  that  the  King  might  tnen  have  liberty  of  returning.  The 
Scots  rightly  called  it  a  forfeiture  of  the  crown,  and  this  in 
plain  Engliih  is  the  fenfe  of  the  term  abdication  3t.$  by  the  con- 
vention and  every  parliament  flnce  applied.  See  the  hiltory 
and  debates  of  the  convention,  and  theai^s  then  made. 


W 


|v 


I 


I 


( ^ ) 

explained  and  underdood^  could  a  few  hun- 
dred 'rheny  who  before  the  diflblution  of  the 
-govcrnrficht  had  beeh  called,  ind  in  fad  were, 
lords,  knights,  and  |gentlemen,  have  lawfully 
made  that  glorious  delivered  and  defender 
^Ifi^  IWi  rightful  king  ?"  Such  an  one  he  cer- 
itainly  "ivas,  and  fuch  have  been  all  his  illu- 
^rious  fucceffoi^s  to  the  prelcnt  happy  times; 
wtten^  we  have*  the  joy  to  fee  the  fceptre 
fwayed  ift  jviftice>  wifdom  and  mercy,  by  our 
lawfulx^^qveVojgn  George  the  Third  j  a  prince 
^hogilories  inbeing  a  Briton  born,  and  whom 
^ina^  God  Itlng  pfeferve  and  profprr. 
t  fi«^:ifvop6n^he  abdicatior^  all  were  reduced 
to  avf^kte  of  nature,  had  not  apple-women  and 
brahge-tgirlfr  as  good  a  tight  to  give  their  ref- 
pe(ftive  fuftragf  3  for  a  new  king  as  the  philo- 
fophefi  couttie^  pc*5t  niaitre,  and  politician  ? 
Weiie'riifefe  and  tert  nftlllions  of  others  fuch 
^^  mbrC  tohftilted  on'that  oceafion,  than  the 
multitude  iioW  are  inithe  adjuftmcnt  of  that 
real  modern  farce,  an  eledlion  of  a  king  of 
the  Romans  5  which  ferves  as  a  contrail  to  the 
grandeur  of  the  antient  republics,  and  fhews 
the  littlertefs  of  the  modetn  Gcrmari  and  Ibmc 
other  Gothic  con'ftijtutions  in  their  prefent  de- 
generate ftatc  ? 

"In  the  eledlion  of  IF,  IIL  were  the  votes 
of  Ireland  and  the  Plantationsever  called  for 
or  once  thought  of  till  the  affair  was  fettled  ? 
Did  the  lords  and  commons  who  happened  to, 
be  then  in  and  about  Weflminfter  reprefent,. 
^nd  a€t,  for  the  individuals,  not  only  of  the 

threQ, 


•nm-WM^"'  \  - 


(9) 

three  kingdoms,  but  for  all  the  free'-horn  and 
as  yet   unconquered  poff'effbrs  and   proprietors 
of  their  own  money -pure  hafed,,  blooa-purchafed 
plantations,  which,  till  lately,   hai'd   been   de- 
fended  with  little  or  no  ajjijlance  from   Greats 
Britain  ?  Were  not  thofe  who  did  not  vote  in 
or  for  the  new  model  at  liberty  upon  the  prin- 
ciples of  the  compadt  to  remain  in  what  fome 
'^■^-        call  the  delegable  ftate  of  nature,  to  which 
by   the  hypothefis  they  were  reduced,  or  to 
join  themfelves  to  any  other  ftate,  whofe  fo- 
lemn  league   and  covenant  they  could   fub- 
fcribc  ?  Is  it  not  a  firfl:  principle  of  the  origi- 
nal compad,  that  all  who  are  bound   ihould 
bind  themfelves  f  Will  not  common  fenfe  with- 
out much  learning  or   ftudy  didtate  obvious 
anfwcrs  to  all  the  above  queilions  ?— pnd,  fay 
the  oppofers  of  the  original    compad:  i:nd  of 
the  natural  equality  and  liberty  of  mankind, 
will  not  thofe  anfwers  infallibly  (hew  that  the 
doiStrine  is  a  piece  of  metaphyjical  jargon  and 
Jyjlematical  not\itn{t  ?"  Perhaps  not. 

With  regard  to  the  fourth  opinion,  that  do-- 
minion  is  founded  in  property,  what  is  it  but 
playing  with  words  ?  Dominion  in  one  fenfe 
of  the  term  is  fynonimous  with  property,  fo 
one  cannot  be  called  the  foundation  of  the 
other,  but  as  one  name  may  appear  to  be  the 
foundation  01  caufe  of  another. 

Property  cannot  be  the  foundation  of  do- 
minion as  fynonimous  with  government ;  for 
on  the  fuppofition  that  property  has  a  precari- 

C  ous 


.  i 


(   16   ) 

ous  exigence  antecedent  to  government,  and 
though  it  is  alfo  admitted  that  the  fecurity  df 
property  is  one  end  of  government,  but  that 
of  little  eftimation  even  in  the  view  of  a  mifer 
when  life  and  liberty  of  locomotion  and  fur- 
ther accumulation  are  placed  in  competition, 
it  muft  be  a  very  abfurd  way  of  fpeaking  to  af- 
fert  that  one  end  of  government  is  the  foun- 
dation of  government.  If  the  ends  of  go- 
vernment are  to  be  confidered  as  its  founda- 
tion, it  cannot  with  truth  or  propriety  be  faid 
that  government  is  founded  on  any  one  of  thofe 
ends  J  and  therefore  government  is  not  foimd- 
ed  on  property  or  its  fecurity  alone,  but  at  leaft 
on  fomething  elfe  in  conjundlion.  It  is  how- 
ever true  in  fadl  and  experience,  as  the  greats 
the  incomparable  Harrington  has  moft  abun- 
dantly demonftrated  in  his  Oceana,  and  other 
divine  writings,  that  Empire  follows  the  ba- 
lance of  property  :  it  is  alio  certain  that  pro- 
perty in  fadl  generally  confers  power,  though 
the  polTeflbr  of  it  may  not  have  much  more 
wit  than  a  mole  or  a  mufqua(h  :  and  this  is 
too  often  the  caufe,  that  riches  are  fought  af- 
ter, without  the  leaft  concern  about  the  right 
application  of  them.  But  is  the  fault  in  the 
riches,  or  the  general  law  of  nature,  or  'ha 
unworthy  polTeiror  ?  It  will  never  follow  from 
all  this,  that  government  is  rightfully  found** 
ed  on  property,  alone.  What  (hall  we  fay 
then  ?  Is  not  government  founded  on  grace  ^ 
No.  Nor  on  fo?'ce  ?  No.  Nor  on  compadl  f 
Nor  property  ?     Not  altogether    on  either. 

Has 


/ 


A 


/' 


(  'O 

Has  it  any  folid  foundation  ?  any  chief  corner 
ftone,  but  what  accident,  chance  or  confiifion 
may  lay  one   moment  and  deftroy  the  nexr  ? 
I  think  it  has  an  everlafting  foundation  in  the 
unchangeable  wiil  of  God,  the  author  of  na- 
ture, whofe  laws  never  vary.     The  fame  om- 
nifcient,  omnipotent,  infinitely  good  and  gra- 
cious Creator  of  the  univerfe,  who  has  been 
pleafed  to  make  it  nccelTary  that  what  we  call 
matter   fhould  gravitate,  for  the  celeftial  bo- 
dies to  roll  round  their  axes,  dance  their  or- 
bits and   perform  their  various  revolutions  in 
that  beautiful  order  and  concert,    which   we 
all  admire,  has  made  it  equally  neceflary  that 
from  /Idam  and  Eve  to  thefe  degenerate  days, 
the  different  fexes  (houjd  fweetly  attract  each 
other,    form  focieties   of  fmgk    families,    of 
which  larger  bodies  and  communities   are   as 
naturally,  mechanically,  and  neceffarily  com- 
bined, as  the  dew  of  Heaven  and  the  foft  dif- 
tilling  rain  is  collected  by  the   all-enlivening 
heat  of  the  lim.     Government  is  therefore  moft 
evidently  founded  on  the  neceffities  of  our  na~ 
ture.     It  is  by  no  means  an   arbitrary  thing, 
depending  merely  on  compact  or  human  will  ion 
its  exiftence. 

We  come  into  the  world  forlorn  and  help- 
lefs  i  and  if  left  alone  and  to  ourfelves  at  any 
one  period  of  our  lives,  we  (hould  foon  die  in 
want,  defpair  or  deftradlion.  Sc  kind  is  that 
hand,  though  little  known  or  regarded,  which 
feeds  the  rich  and  the  poor,  tho  blind  and  the 
naked  ;  and  provides  for  the  fafety  of  infants 

C  2  by 


;,•' 


lil 


(  lO 

by  the  principle  of  parental  love,  and  for  that 
of  men  by  Government !  We  have  a  King, 
who  neither  flumbers  nor  lleeps,  but  eternal- 
ly watches  for  our  good  j  whofe  rain  falls  on 
the  juft  and  on  the  unjuft  :  yet  while  they 
live,  move,  and  have  their  being  in  him,  and 
cannot  account  for  either,  or  for  any  thing 
elfe,  fo  flupid  and  wicked  arc  feme  men,  as 
to  deny  his  exiftcnce,  blafpheme  his  moft  evi- 
Jent  government,  and  difgrace  their  nature. 

Let  no  Man  think  1  am  about  to  commence 
advocate  for  defpotifm^  becaule  I  affirm  that 
government  is  founded  on  the  necefHty  of  our 
natures ;  and  that  an  original  fupreme  $ove*- 
reign,abfolute,  and  uncontroulable,  earthly  ^ovf^ 
er  mujt  exift  in  and  prefide  over  every  Ibciety; 
from  whofe  final  decifions  there  can  be  no  ap- 
peal but  directly  to  Heaven.  It  is  therefore 
origifiaily  and  ultimately  in  the  people.  I  fay 
this  lupreme  abfolute  power  is  originally  and 
ultimately  in  the  people  ;  and  they  never  did 
in  ia.&.fre€lyy  nor  can  they  rightfully  make  an 
abfolute,  unlimited  renunciation  of  this  di- 
vine fight*.  It  is  ever  in  the  nature  of  the 
thing  given  in  truft,  and  on  a  condition,  the 
performance  of  which  no  mortal  can  difpcnce 
with  ;  namely,  that  the  perfon  or  pcrfons  on 

whom 


*  'Ihe  power  of  God  Almighty  is  the  only  powtfr  that  can 
properly  and  ftriftly  be  called  fupreme  and  abfolute.  In  the 
order  of  nature  innmcdiately  under  him,  comes  the  power  of  a 
fimplc  democracy,  or  the  power  of  the  whole  over  the  whole, 
Subkqiien:  to  laoth  thefe,  are  all  other.Dolitical  powers,  from 
thai  of  the  French  Monar^ue,  to  a  petty  conftable. 


(  13  ) 

whom  the  fovereignty  is  confered  by  the  peo- 
ple, fhall  incejjantly  confult  their  good.  Ty- 
ranny of  all  kinds  is  to  be  abhored,  whether 
it  be  in  the  hands  of  one,  or  of  the  few,  or 
of  the  many. — And  though  '•  in  the  laft  age 
a  generation  of  men  fprung  up  that  would 
flatter  Princes  with  an  opinion  that  they  have 
a  divine  right  to  abfolute  power ;"  yet  **  fla- 
very  is  fo  vile  and  miferable  an  eftate  of  man, 
and  fo  diredtly  oppofite  to  the  generous  tem- 
per and  courage  of  our  nation,  that  it  is  hard 
to  be  conceived  that  an  EngliJ};)man,  much  lefs 
a  gentleman^  (hould  plead  for  it  * : "  Efpecial- 
ly  at  a  time  when  the  fineft  writers  of  the 
moft  polite  nations  on  the  continent  of  Europe, 
are  enraptured  with  the  beauties  of  the  civil 
conftitution  of  Great-Britain  j  and  envy  her, 
no  lefs  for  the  freedom  of  her  fons,  than  for 
her  immenfe  wealth  and  military  glory* 

But  let  the  origin  of  government  be  placed 
where  it  may,  the  e?id  of  it  is  manifeftly  the 
good  of  the  whole.  Salus  populi  fiiprema  lex 
ejlo,  is  of  the  law  of  nature,  and  part  of  that 
grand  charter  given  the  human  race  (though 
too  many  of  them  are  afraid  to  afTert  it)  by 
the  only  monarch  in  the  univerfe,  who  has  a 
clear  and  indifputable  right  to  abfolute  power  ; 
becaufe  he  is  the  only  One  who  is  omnifcient 
as  well  as  omnipotent. 

It  is  evidendy  contrary  to  the  firft  principles 
of  reafon,  that  fupreme  unlimited  power  fhould 
be  in  the  hands  oione  man.     It  is  the  greateft 

<*  idolatry 

*  Mr,  Locke. 


(  M-  ) 

**  idolatry^  begotten  by  Jlatferyt  on  the  body 
cA pride y*  that  could  induce  one  to  think  that 
2l  Jingle  mortal  (hould  be  able  to  hold  fo  great 
a  power,  if  ever  fo  well  inclined.  Hence  the 
origin  of  deifying  princes  :  it  was  from  the 
trick  of  gulling  the  vulgar  into  a  belief  that 
their  tyrants  were  omnifcient ;  and  that  it  was 
therefore  right,  thit  they  fhould  be  co.  ^dered 
as  omnipotent.  Hence  the  Diimajorum  &  mi- 
norum  gentium  j  the  great,  the  monarchical, 
the  little,  Provincial  fubordinate  and  fubaltern 
gods,  demi-gods,  and  femidemi-gods,  ancient 
and  modern.  Thus  deities  of  all  kinds  were 
multiplied  and  increafed  in  abundance  ;  for 
every  devil  incarnate,  who  could  enflave  a 
people,  acquired  a  title  to  divinity  ;  and  thus 
the  **  rabble  of  the  ikies"  was  made  up  of  lo- 
cufts  and  caterpillars  ;  lions,  tygers,  and  har-r 
pies  J  and  other  devourers  tranflated  from 
plaguing  the  eaith  *  !  -        ' 

The  end  of  government  being  the  good  of 
mankind,  points  out  ics  great  duties :  it  is  a- 
bove  all  things  to  provide  for  the  fecurity,  the 
quiet,  and  happy  enjoyment  of  life,  liberty, 
and  property.  There  is  no  one  adl  which  a 
government  can  have  a  right  to  make,  that 
does  not  tend  to  the  advancement  of  th*  fecu- 
rity, tranquility  and  profperity  of  the  people. 
If  life,  liberty  and  property  could  be  enjoyed 


in 


*  Kingcraft  and  Prieflicraft  have  f-'ll  out  fo  o'"ten,  that  it  is 
a  wonder  this  grand  and  ancient  alliance  is  not  broken  off  for 
ever.  Happy  for  mankind  will  it  be,  when  fijch  a  fepaiation 
fliall  take  place. 


(  >5) 

in  as  great  perfecSlion  in  folitude,  as  infociety^ 
there  would  be  no  need  o/  government.  But 
the  experience  of  ages  has  proved  ihat  fuch  is 
the  nature  of  man,  a  v^^eak,  imperfedl  being; 
that  the  valuable  ends  of  life  carrot  be  ob- 
tained, without  the  union  and  ailiftaace  of 
many.  Hence  it  is  clear  that  men  cannot  live 
apart  or  independent  of  each  other  i  in  foli- 
tude men  would  perifti  ;  and  yet  they  cannot 
live  together  without  contefts.  Thefe  con- 
tefts  require  fome  arbitrator  to  determine  them* 
The  neceflity  of  a  common,  indiffe  ent  and 
impartial  judge,  makes  all  men  feek  one ; 
though  few  find  him  in  the  fovereign  power ^ 
of  their  refpedlive  ftates  or  any  where  elfe  in 
fubordination  to  it. 

Government  is  founded  Immediately  on  the 
lieceflities  of  human  natare,  and  ultimately  on 
the  will  of  God,  the  author  of  nature  j  who 
has  net  left  it  to  men  in  general  to  chufe, 
whether  they  will  be  members  of  fociety  or 
not,  but  at  the  hazard  of  their  fenfes  if  not 
of  their  lives.  Yet  it  is  left  to  every  man  as 
he  comes  of  age  to  chufe  what  fociety  he  will 
continue  to  belong  to.  Nay,  if  one  has  i 
mind  to  turn  hermit ,  and  after  he  has  been 
born,  nurfed,  and  brought  up  in  the  arms  of 
f'^ciety,  and  acquired  the  habits  and  pairions 
of  focial  life,  is  willing  to  run  the  rifque  of 
ftarving  alone,  which  is  generally  moil  una^ 
voidable  in  a  ftate  of  hermitage,  who  fhall 
hinder  him  ?  I  know  of  no  human  law, 
founded  on  the  law  of  nature y  to  reltrain  inin 

tioin 


■py 

m^ 


&9 

•  iTit 


I 

I 

III 


I 


(  i6  ) 

from  feparating  himfclf  from  all  the  fpecies, 
if  he  can  find  it  in  his  heart  to  leave  them  i 
unlefs  it  (hould  be  faid,  it  is  againft  the  great 
law  o{  felf-frefervation:  But  of  this  every  man 
will  think  himfelf  ^/j  own  judge > 

The  few  hermits  and  Mifanthropes  that 
ever  cxifted,  (hew  that  thofe  ftates  are  unna- 
tural. If  we  were  to  take  out  from  them, 
thofe  who  have  made  great  worldly  gain  of 
their  godly  hermitage,  and  thofe  who  have 
been  under  the  madnefs  of  enthufiafm^  or  dtf- 
appointed  hopes  in  their  ambitious  projects,  for 
the  detriment  of  mankind,  perhaps  there 
might  not  be  left  ten  from  Mam  to  this  day. 

The  form  of  government  is  by  nature  and 
by  right  fo  far  left  to  the  individuals  of  each 
fociety,  that  they  may  alter  it  from  a  fimplc 
democracy,  or  government  of  all  over  all,  to 
any  other  form  they  pleafe.  Such  alteration  may 
and  ought  to  be  made  by  exprefs  compadl  J 
But  how  feldom  this  right  has  been  afferted, 
hiftory  will  abundantly  fliew.  For  once  that 
it  has  been  fairly  fettled  by  compadl  j  frauds 
force  or  accident  have  determined  it  an  hun- 
dred times.  As  the  people  have  gained  upcn 
tyrants,  thefe  have  been  obliged  to  relax,  only 
till  a  fairer  opportunity  has  put  it  in  their 
power  to  encroach  again. 

But  if  every  prince  fince  Nijnrod  had  been 
a  tyrant,  it  would  not  prove  a  right  to  ty- 
ranize.  There  can  he  no  prefcription  old 
enough  to  fuperfcde  the  law  of  nature,  and 
the  grant  of  God  Almighty  -,  who  has  given 

to 


(17) 

to  all  men  a  natural  right  to  htfree^  ind  they 
have  it  ordinarily  in  their  power  to  make 
themfclvcs  fo,  if  they  pleafe. 

Government  having  been  proved  to  be  ne- 
CefTary  by  the  law  of  nature,  it  makes  no  dif- 
ference in  the  thing  to  call  it  from  a  certain 
period,  civiL  This  term  can  only  relate  to 
form,  to  additions  to,  or  deviations  from,  the 
fubllance  of  government :  This  being  found- 
ed in  nature,  the  fnperftrud:ures  and  the 
whole  adminiftration  (hould  be  conformed  to 
the  law  of  univerfal  reafon.  A  fupreme  le- 
giflative  and  a  fupreme  execbtive  power,  muft 
be  ^\2LCt{\fomewkere  in  every  commonwealth  : 
Where  there  is  no  other  pofitive  provilion  or 
compadt  to  the  contrary,  thofe  powers  remain 
in  the  whole  body  of  the  people.  It  is  alfo  evi- 
dent there  can  be  but  one  bed  way  of  depo- 
fning  thofe  powers ;  but  what  that  way  is, 
mankind  have  been  difputing  in  peace  and  in 
war  more  than  live  ihoufand  years.  If  we 
could  fuppofe  the  individuals  of  a  community 
met  to  deliberate,  whether  it  were  bcft  to 
keep  thofe  powers  in  their  own  hands,  or  dif- 
pofe  of  them  in  trtift,  the  following  queftions 

would  occur Whether  thofe  two   great 

powers  of  Legijlatfon  and  Execution  fliould  re- 
main united  ?  If  (o,  whether  in  the  hands  of 
the  many,  or  jointly  or  feverally  in  the  hands 
of  a  few,  or  jointly  in  fume  one  individual  ? 
If  both  thofe  powers  are  retained  in  the  hands 
of  the  many,  where   nature  feems  to  have 

D  placed 


.li- 


ft^ 


■  i 


(  i8  ) 

placed  them  originally,  the  government  is  a 
Simple  democracy,  or  a  government  of  all  over 
all.  This  can  he  adminiftred,  only  hy  efta- 
blidiing  it  as  a  firft  principle,  that  the  votes 
of  the  majority  fliall  he  taken  as  the  voice  of 
the  whole.  If  thofe  powers  are  lodged  in  the 
hands  of  a  few,  "^he  government  is  Arijiocracy 
or  Oligarchy^,  i  ere  too  the  firft  principles 
of  a  pradticahle  adminiflration  is,  that  the  ma- 
jority rules  the  whole.  If  thofe  great  powers 
are  both  lodged  in  the  hands  of  one  man,  the 
government  is  a  Jimple  Monarchy,  commonly, 
though  falily  called  abjoiute,  if  by  that  term 
is  meant  a  right  to  do  as  one  pleafes. — Sic 
*volo,  Jic  juheo,  fict  fro  ratione  ^voluntas,  be- 
longs not  of  right  to  any  moital  man. 

The  fame  law  of  nature  and  of  reafon  is 
equally  obligatory  on  a  democracy,  an  arifto^ 
cracy,  and  a  monarchy :  Whenever  the  admi- 
jiiftrators,  in  any  of  thofe  forms,  deviate  from 
truth,  jullice  and  equity,  they  verge  towards 
tyranny,  and  are  to  be  oppofed ;  and  if  they 
prove  incorrigible,  they  will  be  depofed  by 
the  people,  if  the  people  are  not  rendered  too 
abjeCl.  Depoiing  the  adminidrators  of  z^m- 
pk  democracy  may  found  oddly,  but  it  is  done 
every  day,  and  in  almoft  every  vote.  A,  B, 
and  C  for  example,  make  a  democracy  ;  to 
day  A  and  B  are  for  fo  vile  a  meafure  as   a 

fland- 


*  For  the  fake  of  the  unlettered  reader  it  is  noted,  that 
Monarchy  means  the  power  of  one  preat  man;  Ariltocracy 
and  Oligarchy  that  of  a  few  ;  and  Democracy  that  of  all 
Kncn. 


(  '9  ) 

{landing  army  j  to  morrow  B  and  C  vote  it 
out.  This  IS  as  really  depofing  the  former 
adminiftrators,  as  fctting  up  and  making  a 
new  king  is  depofing  the  old  one.  Democracy 
in  the  one  cafe,  and  monarchy  in  the  otl)er, 
flill  remain  ;  all  that  is  done  is  to  change  the 
adminiflration. 

The  firft  principle  and  great  end  of  govern- 
ment being  to  provide  for  the  beft  good  of  all 
the  people,  this  can  be  done  only  by  a  fu- 
preme  legiflative  and  executive  ultimately  in 
the  people,  or  whole  community,  where  God 
has  placed  it ;  but  the  inconveniencies,  not 
to  fay  impoffibility,  attending  the  confulta- 
tions  and  operations  of  a  large  body  of  people, 
have  made  it  neceffary  to  transfer  the  power 
of  the  whole  to  a  ftiv :  This  neccflity  gave 
rife  to  deputation,  proxy  or  a  right  of  repre- 
fentation. 

A  Power  of  legiflation,  without  a  power 
of  execution  in  the  fame  or  other  hands, 
would  be  futile  and  vain  :  On  the  other  hand, 
a  power  of  execution,  fupreme  or  fubordinate, 
without  an  independent  legiflature,  would  be 
perfed:  defpotifm. 

The  diflicnliies  attending;  an  univerfal  con- 
grefs,  efpecially  when  fociety  became  large, 
have  brought  men  to  confcnt  to  a  delegation- 
of  the  power  of  all  ;  The  weak  and  the  wick- 
ed have  too  often  been  tound  in  the  fame  in- 
terert  ;  and  in  moll  nations  have  not  only 
brought  thefe  powers  joint/y  into  the  hands  of 
one,    or  feme   tew,   of  dieir  number  ',    but 


I"  ' 
f  .. 
1  fr 


m\ 


lit: 


D  2 


made 


t 


1% 


(   20  ) 
made  them  hereditary,  in  the  families  of  defr 
potic  nobles  and  princes. 

The  wifer  and  more  virtuous  flates,  hav^ 
always  provided  that  the  [eprefentation  of  the 
people  fliould  be  numerous.  Nothing  but  life 
and  liberty  are  naturally  hercditable  :  This  has 
never  been  conlidered  by  thofe,  who  have 
tamely  given  up  both  into  the  hyinds  of  a  ty^ 
runnical  Oligarcliy  or  defpotic  Monarchy. 

Tile  analogy  between  the  natural,  or   ma- 
terial, as  it  is  called,  and  the  moral  world,  is 
very  obvious ;  God  himftlf  appears  to  us  at 
fome  times  to  caufe  the  intervention  or  com- 
hiration  of  a  number    of  fmiple   principles, 
thcugh  never  when  one  will  aidwer  die,  end  ; 
gravication   and  attraction  have  place  in   the 
revolution   of  the   planets,    becaulc   the  one 
would  fix  them  to   a  centre,  and  the  other 
would  carry  them  off  indefinitely  ;  fo  in  tJie 
moral  world,  the  firil  iimple  principle  is  equa^ 
lity   and   the  power  of  the  whole.     This  will 
anfwer  in  fmall  numbers  ;  fo  will  a  tolerably 
virtuous  Oligarchy  or  a  Monarchy,     But  when 
the  lociety  grows  in  bulk,  none  of  them   will 
anfwer  -wtWjing/y,  and  none  worfe  than  ab- 
folute  monarchy.     It  becomes  necefiiiry  there- 
fore as  numbers  increafe,  to  have  tliole  fcveral 
powers  properly  combined  -,  fo   as   from  the 
whole  to  produce  that  harmony  of  govern' 
ment  fo  often  talked  of  and  wifhed  lor,  but 
too  feldom  found  in  ancient  or  modern  Itates, 
The  grand  political  problem  in  all   ages  has 
j^eeu  to  invent  the  belt  combination  or  diilrir 

hutijq 


(   20 

bution  of  the  fupreme  powers  of  legiftation 
and  execution.     Thofe  ftates  have  ever  mada 
the  greatcft  figure,  and  have  been  mod:  dura- 
rable,  in  which  thofe  powers  have  not  only 
been   feparated  from  each  other,  but  placed 
each  in  more  hands  than  one,  or  a  few.    Tbd 
Romans  are  the  moft  fliining  example;  but 
they  never  had  a  balance  between  the  fenatc 
and  the  people  ;  and  the  want  of  this,  is  ge- 
nerally agreed  by   the  few  who  know  any 
thing  of  the  matter,  to  have  been  the  canfe  of 
their  fall.     The  Bfitifi  tonftitution  in  theory 
and  in  the  prefent  adminiftration  of  it,  in  ge- 
neral comes  neareft  the  idea  of  perfe6iion,  of 
any  that  has  been  reduced  to  pra6lice  j  'and  if 
the   principles   of  it  are  adhered  to,  it  will, 
according  to  the  infallible  predidiion  of  Har- 
rington, always  keep  the  Britons   uppemioft 
in  Europe,    'till  their  only  rival  nation   fliall 
either  embrace  that  perfe(fl  model  of  a  com- 
monwealth given  us  by  that  author,  or  come 
as  near  it  as  Great- Britain  is.     Then  indeed, 
and  not  till  then,  will  that  rival  and  our  na-r 
tion  either  be  eternal  confederates,  or  contend 
in   greater  earneft   than  they  have   ever  yet 
d  jnc,  till   pne  of  them  (hall  fink  under  the 
power  of  the  other,  and  rife  no  more. 

Great-Britain  has  at  prefent,  mod  evidentr 
ly  the  advantage,  and  fuch  opportunities  of 
honcfi:  wealth  and  grandeur,  as  perhaps  no 
ftiUt:  ever  had  before,  at  leaft  not  fince  tho 
days  ot  'Julius  Co'far,  the  dcftroyer  of  the 
Koman  glory  and  grandeur,  at  a  time  wheri 

but 


u.\j*^mi 


(    32    ) 

but   for  him  and  his  adherents  both  might 
have  been  rendered  immortal. 

We  have  faid  that  the  form  and  mode  of 
government  is  to  be  fettled  by  compact  as  it 
was  rightfury  done  by  the  convention  after 
ihc  abdication  ot  "James  II.  ana  aflentcd  to  by 
the  fifll  reprcfcntativc  of  (he  nadon  chofen 
afterwards,  and  by  every  parliament,  and  by 
ahnoft  every  man  ever  lince,  but  the  bigots  to 
the  iiidcfcafible  power  of  tyrants  civil  and  ec- 
cleiiaftic.  There  was  neither  time  for,  nor 
occaiion  to  call  the  whole  people  together  : 
if  they  had  not  liked  the  proceedings  it  was  in 
thfir  power  to  controul  them  ;  as  it  would  be 
ihould  the  fnpreme  legillative  or  executive 
powers  ever  again  attempc  to  enflave  them. 
The  people  will  bear  a  great  deal,  before  they 
will  even  murmur  againrt  their  rulers ;  but 
when  once  they  are  thoroughly  roufed,  and  in 
carneft,  againft  thofe  who  would  be  glad  to  en- 
flave them,  their  power  is  irrefijlihle  *. 

At  the  abdication  of  King  James,  every 
ftep  was  taken  that  m-tural  jiflice  and  equity 
could  require  j  and  all  was  done  that  was  pof- 
fible,  at  lead  in  the  wretched  ftacc  in  which 
he  left  the  nation.  Thofe  very  noble  and 
worthy  patriots,  tbe  lords  fpi ritual  and  tem- 
poral of  that  d  iy»  and  the  principal  perfons  of 
the  comm'-)ns,  advifed  the  prince,  who  in 
confequence  thereof  qaufed  letters  to  be  "  writ- 
ten to  the  lords  ipiriiual  and  temporal,  being 
proteftants,    and   oihor  letters  to  the  feveral 

coun» 
t  See  Mr.  Lock?  on  the  Diflblution  of  Government. 


(    23    ) 

counties,  cities,  univcrfities,  boroughs  and 
cinqne-ports,  for  the  chufing  fuch  pcrfons  to 
reprcfent  them  as  were  of  right  to  be  fent  to 
partiament,  to  meet  at  Weftminfter  upon  the 
22d  of  January  1688,  in  order  to  fuch  an 
eflablifhmcnt,  as  that  their  religion,  laws  and 
liberties  mii^ht  not  again  he  in  danger  of  be* 
ing  fubvcrted."     See  IF.  &  M.  {At  i   C.  r. 

Upon  this  elections  were  made,  and  there- 
upon the  faid  lords  Ipiritual  and  temporal  and 
commons  met,  and  proceeded  to  aflert  their 
rights  and  liberties,  and  to  the  election  of  the 
Prince  and  Princefs  of  Orange  to  be  King  and 
Queen  of  England,  France  and  Ireland,  and 
the  dominions  thereto  belonging.  The  king- 
dom of  Scotland  agreed  in  the  fame  choice  : 
Thefe  proceedings  were  drawn  into  the  form 
of  ads  of  parliament,  and  are  the  bafis  of  the 
a6ls  of  union  and  fuccefiion  fince  made,  and 
which  all  together  are  the  fure  foundation  of 
that  indifpntablc  right  which  his  prelent  Ma- 
jefty  has  to  the  Crown  of  Great  Britain  and 
the  dominions  thereto  belonging  ;  which  right 
it  is  the  greateft  folly  to  doubt  of,  as  well  as 
the  blackeft  treafon  to  deny.  The  prefent 
eftablirhment  founded  on  the  law  of  God,  and 
of  nature,  was  began  by  the  convention,  witR 
a  profeHed  and  real  view,  in  all  parts  of  the 
Britijb  empire,  to  put  the  liberties  of  the  peo- 
ple out  of  the  reach  of  arbitrary  power  in  all 
times  10  come. 

But  the  grandeur,  a?  well  as  jnftice,  equity 
and  goodncls  of  the  proceedings  of  the  nation 

en 


'!*• 


i; 


11 

li 

I  iiki 

\\v, 


(24) 

on  that  memorable  occafion,  never  Iiave  beerl 
nor  can  be  fo  well  reprefented  as  in  the  words 
of  thofe  great  men  who  compofed  the  con- 
vention ;  for  which  reafon  partly,  but  prin- 
cipally becaufe  they  (hew  the  rights  of  all  Bri- 
tifti  fubjeds,  both  at  home  and  abroad,  and 
fhould  therefore  be  in  as  many  hands  as  pof» 
fible  ;   I  have  tranfcri'ucd  the  following  claufcs. 

I  IV.  &  M.  fcfT.  I .  chap.  I .  preamble  and 
fee.  I.  entitled — 

"  An  aft  for  removing  and  preventing  all 
queftions  and  difputes  concerning  the  allem- 
bllng  and  fitting  of  this  prefent  parliament. 

For  preventing  all  douutr  and  (cruples  which 
may  in  any   wile  arife  concerning  the  r  set- 
ing,    fitting  and   proceeding    of  tliis  prefent 
parliament ;  be  it  declared  and  enafted  by  tl  e, 
King's   and  Queen's  mod:  excellent  Majeflies, 
by  and  with  the  advice  and  confent   of  the 
Jordp-  fpiritual  and    temporal,    and  commons, 
now  afremblcd,  and  by  authority  of  the  fame. 
Ildly.   That  the  lords  fp! ritual  and  tempo- 
ral, and  commons,  convened  at  Weflminfter, 
the  two  and  twentieth  day  of  January  A.  D, 
.^688,  and  there  fitting  the  13th  of  February 
ibllowing,  are  the  tvv'o  houfes  of  parliament, 
«jid  fo  fliall  be  and  are  hereby  declared,  enabl- 
ed and  adjudged  to  be,  to  all  intents,  con- 
ilruftions,  and  purpofes  whatfoever,  notwith- 
llanding  any  want  of  writ  or  writs  of  fnm- 
mons,  or  any  other  defe(5t  of  form  or  default 
whatfoever,  as  if  they  had  been  Ibinmoncd  ac- 


cording to  the  ulual  form. 


I  of 


' 


(  25  )      .      . 

I  of  JV.  G?  M.  fell.  2.  chap.  2.  ^qc.  3,  4,  5» 
6,    II,  12. 

An  act  declaring  the  right.-,  and  hberties  of 
the  fuhjedt,  and  fettling  the  fucceftion  cf  the 
Crown. 

Whereas  the  lords  fpirltnal  and  temporal, 
and  commons,  aflembled  at  Weftminfter,  law- 
fully, fully  and  freely  reprefenting  all  the 
eftates  of  the  people  of  this  realm,  did  upon 
the  13th  of  February  A.  D.  1688,  preient 
unto  their  M;ijeflics,  then  called  and  known 
by  the  fiames  imd  ftile  of  William  and  Mary, 
Prince  and  Princefs  of  Orange,  being  prefent 
in  their  proper  perfons,  a  certain  declaration 
in  writing,  made  by  the  faid  lords  and  com- 
mons in  the  words  following,  viz. 

Whereas  the  late  King  James  the  fecond, 
by  the  aiTiftartce  of  divers  evil  counfellors, 
judges,  and  minifters  employed  by  him,  did 
endeavour  to  fubvert  and  extirpate  the  protef- 
tant  religion,  and  the  laws  and  liberties  of  this 
kingdom. 

1.  By  alTuming  and  exercifing  a  power  of 
difpenfing  with  and  fufpending  of  laws,  and 
the  execution  cf  laws,  without  confent  of  par- 
liament. 

2.  By  committing  and  profecuting  divers 
worthy  prelates,  for  humbly  petitioning  to  be 
excufed  from  concuring  to  the  faid  affnmed 
power. 

3.  By  iffuing  and  caufing  to  be  executed  a 
com  million  under  the  great  feal  for  eredling  a 

E  court 


di' 


1^; 
hi 


I 


<  26  ) 

court,  called.  The  ccurt  of  commlilioners  for 
ecclefiaftical  caufes. 

4.  For  levying  money  for  and  to  the  ufe  of 
♦he  crown,  by  pretence  of  prerogative,  for 
other  time,  and  in  other  manner,  than  the 
fame  was  granted  by  parliament. 

5.  By  raifing  and  keeping  a  (landing  army 
within  this  kingdom  in  lime  of  peace,  without 
conlent  of  parliament,  and  quartering  foldiers 
contrary  to  law. 

6.  By  caufing  feveral  good  fubjedls,  being 
proteftants,  to  be  difarnicd,  at  the  fame  time 
when  papifts  were  both  armed  and  employed, 
contrary  to  law. 

7  By  violating  the  freedom  of  ele^ion  of 
members  to  ferve  in  parliament. 

8.  By  profecutions  in  the  court  of  King'o 
Bench,  for  matters  and  caufes  cognizable  only 
in  parliament ;  and  by  divers  other  arbitrary 
and  illegal  courfes. 

9.  And  whereas  of  late  years,  partial,  cor- 
rnpt  and  nnqualiiiecl  perfons,  have  been  re- 
turned and  ferved  on  juries  in  trials,  and  par- 
ticularly divers  jurors  in  trials  for  high  trealon, 
which  were  not  freeholders. 

10.  And  excefiive  bail  hath  been  required 
of  perlons  committed  in  criminal  cafes,  to  e- 
iude  the  benefit  of  the  laws  made  for  the  li- 
berty of  the  fubjeds. 

11.  And  exccffive  fines  have  been  impofedj 
and  illegal  and  cruel  punifhments  inflicted. 

12.  And  feveral  grants  and  promifes  made 
of  fines  and  forfeitures,   before  any  convid:ion 

or 


(27) 

or  judgment  againft  the  perfons,  upon  whom 
the  fame  were  to  be  levied. 

All  which  are  utterly  and  direAly  contrary 
to  the  known  laws  and  ftatutes,  and  freedom 

of  this  realm 

And  whereas  the  faid   late  King  James  the 
fecond  having  abdicated  the  Government,  and 
the  throne  being  thereby  vacant,  his  highnefs 
the  prince  of  Orange  (whom  it  hath    pleafed 
Almighty  God  to  make  the  glorious  inftru- 
ment  of  delivering  this  kingdom  from  popery 
and  arbitrary  power)  did  (by  the  advice  of  the 
Lords  fpiritual  and  temporal,  anJ  divers  prin- 
cipal perfons  of  the  commons)  caufe  letters  to 
be  written  to  the  lords  fpiritual  and  temporal, 
being  proteftants,  and  other  letters  to  the  fe- 
veral    counties,   cities,  univerfities,  boroughs, 
and   cinque  -  ports,   for  the  chufing  of  fuch 
perfons  to  reprefent  them,  as  were  of  right  to 
be  fent  to  parliament,  to  meet  and  fit  at  Weft- 
minfter  upon  the  two  and  twentieth  of  Janua- 
ry in  this  year  1688,  in  order  to  fuch  an  efta- 
bli(hment,    as   that  their   religion,  laws,  and 
liberties  might  not  again  be  in  danger  of  being 
fubverted.    Upon  which  letters,  eledions  hav- 
ing been  accordingly  made  : 

And  thereupon  the  faid  lords  fpiritual  and 
temporal  and  commons,  purfuant  to  their  ref- 
pedtive  letters  and  eledlions,  being  now  af- 
femblcd  in  a  full  and  free  reprefentative  of 
this  nation,  taking  into  their  moll:  ferious  con- 
fideration  the  beft  means  for  attaining  the  ends 
aforefaid  -,  do  in  the  firft  place  (as  their  ancef- 

E  2  tors 


I 


■'3:, 


I 


it  If 

m 


i 

I 


Ml 

m 


(  ?8  ) 

tors  In  like  cafe  have  ufualy  don;e)  for  the  vin- 
dicating and  aflerting  their  antient  rights  and 
liberties,  declare,  , 

r.  That  the  pretended  power  of  fufpending 
of  laws,  or  the  execution  of  laws,  by  regal  au- 
thority, without  conferit  of  parliament,  is  il- 
legal. 

2.  That  the  pretended  power  of  difpenfing 
with  laws,  or  the  execution  of  laws,  by  regal 
authority,  as  it  hath  been  aflumcd  and  exer- 
cifed  of  late,  is  illegal. 

3.  That  the  commiffion  for  creating  the 
late  court  of  comrniflioners  for  eccjeiiallical 
caufes,  and  all  other  commiflions  and  courts 
of  like  nature,  are  illegal  and  pernicious. 

4.  That  levying  money  for  or  to  the  nfe 
of  the  crown,  by  pretence  of  prerogative,  with- 
out grant  qf  parliatncnt,  for  longer  time,  or 
in  other  manner,  than  the  fame  \s  or  ihall  he 
granted,  is  illegal. 

5.  That  it  is  the  right  of  the  fpbje^ls  to  pe- 
tition the  King ;  and  all  commitments  and 
profecutions  for  fuch  petidoning  are  illegal. 

6.  That  the  raifing  or  keeping  a  ftanding 
army  within  the  kingdom  ip  time  of  peace, 
unlefs  it  be  with  confent  of  parliapient,  is  ^- 
gainft  law, 

7.  That  the  fubje(5ts  which  are  proteftants, 
may  have  aims  for  their  defence,  fuitable  to 
their  conditions,  and  as  allowed  by  law. 

8.  That  cledion  of  mernbers  of  parliament 
pudit  to  be  free, 

9' 


(29) 

9.  That  the  freedom  of  fpeech,  and  de- 
bates," or  proceedings  in  parliament,  ought 
pot  to  be  impeached  or  queftioned  in  any 
court  or  place  out  of  parliament. 

10.  That  exceffive  bail  ought  not  to  be  re- 
quired, nor  exceffive  fines  impofed  ;  nor  cru- 
el and  unufual  puniflimcnts  infli(5led, 

11.  That  jurors  ought  to  be  duly  impan- 
nellcd  and  returned  ;  and  jurors  which  pafs 
upon  mens  trials  for  high  treafon,  ought  to  be 
freeholders. 

I  2.  That  all  grants  and  promifes  of  fines 
and  forfeitures  of  particular  perfons  before  con- 
vJt^l:ion,  are  illegal  and  void. 

13.  And  that  for  redrefs  of  all  grievances, 
and  for  the  amending,  ftrcngthening,  and  pre- 
ferving  of  the  laws,  parliaments  ought  to  be 
held  frequently. 

And  they  do  claim,  demand,  and  infifl:  up- 
on all  and  lingular  the  premifes,  as  their  vin- 
doubted  rights  and  liberties ;  and  that  no  de- 
clarations, judgments,  doings,  or  proceed- 
ings, to  the  prejudice  of  the  people  in  any  of 
the  faid  premifes,  ought  in  any  wife  to  be 
drawn  hereafter  into  confequence  or  example : 

To  which  demand  of  their  right's  they  are 
particularly  encouraged  by  the  declaration  of 
his  Ilighnefs  the  Prince  of  Orange,  as  being 
the  only  means  for  obtaining  a  full  redrefs  and 
remedy  therein 

Having  therefore  an  entire  confidence,  that 
his  faid  Highnefs  the  Prince  of  Orange,  will 
perfect  the  4<-liverance  fo  far  advanced  bv  him, 
*'  '    an(l 


.JUA' 


m 


jil 


(30) 

and  will  ftill  preferve  them  from  the  violation 
of  their  rights,  which  they  have  here  alTcrted, 
and  from  all  ot'ier  attempts  upon  their  reli- 
gion, rights  and  lihrrtics, 

n.  The  faid  Lords  fpiritnal  and  temporal, 
and  commons  aflrcmhl'.d  at  Weftininfter,  do 
refolve  that  IFilitam  and  Mary  Prince  and 
Prlnccfs  of  Orange  be,  and  be  declared,  King 
and  Qnecn  of  England,  France  and  Ireland, 
and  the  dominions  th  Te»in*o  belonging,  to 
hold  the  crown  and  r^^yal  dignity  of  the  faid 
kingdoms  and  dominions  to  them  the  faid 
Prince  and  Princefs,  during  their  lives,  and 
the  lift  of  the  furvivor  of  them  j  and  that  the 
fole  and  full  exercife  of  the  regal  power  be 
only  in,  and  executed  by  the  faid  Prince  of 
Orange,  in  the  names  of  the  faid  Prince  and 
Priiiccfs,  during  their  joint  lives ;  and  after 
their  deceafes,  the  faid  crown  and  royal  digni- 
ty of  the  faid  kingdoms  and  dominions  to  be 
to  the  heirs  of  the  body  of  the  faid  Princefs ; 
and  for  default  of  fuch  ifTue,  to  the  Princefs 
Anne  of  Denmark,  and  the  heirs  of  her  body  j 
and  for  default  of  fuch  iflue,  to  the  heirs  of 
the  body  of  the  faid  Prince  of  Orange.  And 
the  Lords  fpiritual  and  temporal,  and  com- 
mons, do  pray  the  faid  Prince  and  Princefs  to 
accept  the  fame  accordingly, 

IV.  Upon  which  their  faid  Majefties  did  ac- 
cept the  crown  and  royal  dignity  of  the  king- 
dom of  England,  France  and  Ireland,  and 
the  d  minions  thereunto  belonging,  accord-* 
ing  to  the  refolutions  und  defjrc  of  the   laid 

lords 


(3«  ) 

Ic  Js  and  commons,  contained  in  the  faid  de- 
claration. } 

V.  And  thereupon  their  Majeflics  were 
pleafed,  that  the  faid  lords  fpiritual  and  lemporal, 
and  commons,  being  the  two  houfes  of  Par- 
liament, (hould  continue  to  fit,  and  with 
their  Majefties  royal  concurrence,  make  ef- 
fedual  proviiion  tor  the  fettlement  of  the 
religion,  laws  and  liberties  of  this  Kingdom  ; 
fo  that  the  fame  for  the  future  might  not  be 
in  danger  again  of  being  fubverted  ;  to  which 
the  faid  lords  fpiritual  and  temporal,  and  com- 
mons did  agree  and  proceed  to  adl  accord- 
ingly. 

VI.  Now  in  purfuance  of  the  premifef?,  the 
faid  lords  fpiritual  and  temporal  and  com- 
mons, in  parliament  affembled,  for  the  rati- 
fying, confirming  and  eftablifliing  the  faid 
declaration,  and  the  articles,  claufes,  matters 
and  things  therein  contained,  by  the  force  of 
a  law  made  in  due  form  by  authority  of  par- 
liament, do  pray  that  it  may  be  declared  and 
cnadled.  That  all  and  fingular  the  rights  and 
liberties  aflerted  and  claimed  in  the  laid  de- 
claration, are  the  true,  ancient  and  indubi- 
table rights  and  liberties  of  the  People  of  this 
kingdom,  and  fo  (hall  be  efteemed,  allowed, 
adjudged,  deemed,  and  taken  to  be  ;  dnd 
that  all  and  every  the  particulars  aforcfaid, 
ihall  be  firmly  and  ftrid;ly  holden  and  oh- 
ferved,  as  they  are  expreffed  in  the  faid  de- 
claration ;  and  all  officers  and  minifters  what- 
focver  fhall   ierve   their   Majefties  and  their 


1^ 


I 


t 


'u 


;1! 

■M 


fuc- 


•  1 


IfH! 


Mi"* 


iw 


J 


(30 

fucceflors  Jlccordlng  to  the  fame  ift  all  times  to 
come. 

XI.  All  which  their  Majefties  are  contented 
and  pleafed  fliali  be  declared,  enabled,  and 
eftablifhed  by  authority  of  this  prefent  parlia-» 
ment,  and  fhall  ftand,  remain,  and  be  the 
law  of  this  realm  for  ever  ;  and  the  fame  are 
by  their  faid  Majefties,  by  and  with  the  ad- 
vice and  confent  of  the  lords  Tpiritual  and  tem- 
poral, and  commons,  in  parliament  afTembled, 
and  by  the  authority  of  the  fame,  declared, 
enadled,  and  eftablifbed  accordingly. 

XIL  And  be  it  further  declared  and  cna6led 
by  the  authority  aforcfiid,  that  from  and  after 
this  prefent  fefllon  of  parliament,  no  difpen- 
fation  by  72on  objtante  of  or  to  any  flatute  of 
any  part  thereof,  fhall  be  allowed  j  but  that 
the  fame  (hall  be  held  void  and  of  no  effedl, 
except  a  difpcnfation  be  allowed  in  fuch  fta- 
tutes,  and  except  in  I'uch  cafes  as  fhall  be  fpe- 
cially  provided  for  by  one  or  more  bill  or  bills 
to  be  pafTed  during  this  prefent  fellion  of  par- 
liament. 
.   12  &  13  of  William  III.  chap.  2.  i^c.  3  &  4. 

**  Whereas  it  is  neceflary  that  further  pro-* 
Vifion  be  made  for  fccuring  our  religion,  laws 
and  liberties,  after  the  death  of  his  Majefly 
and  the  Princefs  Anne  of  Denmark^  and  in 
default  of  ifTue  of  the  body  of  the  faid  Prin- 
cefs, and  of  his  Majelly  refpedllvely  5  it  is 
enadled. 

That  after  the  faid  limitation  fliall  take 
effect,    judges  commiilions  be  made  quam- 

Su 


m 


13 


'lU 


(  33  ) 

dm  fe  bene  gejerhitf  and  their  falaries  afcer-* 
tained  and  e(tabli(hed  j  but  upon  the  addrefs 
of  both  houfes  of  parliament,  it  may  be  law- 
ful to  remove  them  j 

That  no  pardon  under  the  great  feal  of  Eng- 
land be  pleaded  to  an  impeachment  by  the 
commons  in  parliament. 

Whereas  the  laws  of  England  are  the  birth- 
right of  the  people  thereof,  and  all  ihe  Kings 
and  Qnpens,  who  ftiall  afcend  the  throne  of 
this  realm,  ought  to  adminiftcr  the  govern- 
ment of  the  fame  ac  ording  to  the  faid  laws, 
and  all  their  officers  and  miniftcrs  ought  to 
ferve  them  according  to  the  lame ;  all  the 
laws  and  ftatutes  of  this  realm  for  fecuring 
the  eftablifhed  religion,  and  the  rights  and 
liberties  of  the  people,  and  all  other  laws  and 
ftatutes  now  in  force,  are  by  his  Majefty,  with 
the  advice  and  confent  of  the  lords  Ipiritual 
and  temporal,  and  commons,  ratified  and  con- 
firmed.** 

I  fiiall  clofe  this  introdudtion  with  a  paflage 
from  Mr.  Locke. 

*«  Though,  fays  he,  in  a  conftitnted  com- 
mon wealth,  ftanding  upon  its  own  bafis,  and 
adting  according  to  its  own  nature,  that  is, 
adling  for  the  prefervation  of  the  community, 
thf re  can  be  but  one  fupreme  power  which  is 
the  legillative,  to  which  all  the  reft  are  and 
mufl  be  lubordinate  ;  yet  the  legillative  being 
only  a  fiduciary  power,  to  adl  for  certain  ends, 
there  remains  ftill,  "  in  ihe  people,  a  Jupreme 
power  to  removey  or  alter,  the  leg/jlative  'when 

F  they 


IS 


ww^mpj 


11 


m 


I/:    i! 


(54) 

t/jey  find  the  legiflative  a6i  contrary  to  the  trujl 
repofed  in  them.''*     For  all  power  given,  with 
trnft  for  the  attaining  an  end,  being  limited 
by  that  end,  whenever  that  end  is  manifeftly 
neglcdcd,  or  oppofed,  the  truft  mud  necef- 
farily  be  forfeited,  and  the  power  devolve  in- 
to the  hands  of  thofe  who  gave  it,  who  may 
place  It  anew  where  they  fhalJ  think  heft,  for 
their  fafcty  and  fecurity.     And  thus  the  com* 
mtmity  perpetually  retains  a  fupreme  power  of 
faving  themfelves  from  the  attempts  and  de- 
ligns  of  any  body,    even  of  their  legiflators 
whenever  thty  (hall  be  fo  foolifh,  or  fo  wick- 
ed, as  to  lay  and  carry  on  dcfigns  againft  the 
liberties  and  properties  of  the  fubjedl.    For  no 
man,  or  fociety  of  men,    having  a  power  to 
deliver  up  iheir  prcfervation,  or  confequently 
the  means  of  it,  to  the  abfolute  will  and  arbi- 
trary  dominion   of  another  5   whenever  any 
one  {hall  go  about  to  bring  them  into  fuch  a 
ilavifli  condition,  they  will  always  have  a  right 
to  preferve  whr.t  they  have   not    a   power  to 
part  with  ;  and  to  rid  themfelves  of  thofe  who 
invade  this  fundamental,  facred  and  unaltera- 
ble law  of  felf- prefervation,  for  which  they  en* 
tercd  into  fociety. 

And  thus  the  community  may  be  faid  \\\ 
this  refptd  to  be  always  the  fupreme  power, 
but  not  as  confidered  under  any  form  of  go- 
vernment, becairfe  this  power  of  the  people, 
can  never  take  place,  till  the  government  be 
diilblved."  Locke  en  Government,  B.  11, 
C.  J3. 

This 


(3S) 

This  he  fays  may  be  done,  **  from  without 
by  conqueft ;  from  witnin,  ift.  When  the  le- 
gislative is  altered.  Which  is  often  by  the 
prince,  but  fometimes  by  the  whole  legifla- 
tive.  As  by  invading  the  property  of  the  fub- 
jed\,  and  making  themfelves  arbitrary  difpo- 
fers  of  the  lives,  liberties  and  fortunes  of  the 
people  J  reducing  them  to  flavery  under  arbi- 
trary power,  xhey  put  themfelves  into  a  ftate 
of  war  with  the  people,  who  are  thereupon 
abfolved  from  any  further  obedience,  and  are 
kft  to  the  common  refuge  which  God  hath 
provided  for  all  men,  again  ft  force  and  vio- 
lence. Whenfoevcr  therefore,  the  legiflative 
fhall  tranfgrefs  this  fundamental  rule  of  focic- 
ty  ;  and  either  by  ambition,  fear,  folly  or 
corruption,  endeavour  to  gain  themfelves,  or 
put  into  the  hands  of  any  other  an  abfolute 
power  over  the  lives,  liberties  and  eftates  of 
the  people,  by  this  breach  of  truft,  they  for- 
feit the  power  the  people  had  put  into  their 
hands  for  quite  contrary  ends,  and  it  devolves 
to  the  peop/e,  who  have  a  right  to  refume  their 
original  liberty,  and  by  the  eftabliftinient  of  a 
new  legiflative  (fuch  as  they  (hall  think  fit) 
provide  for  their  own  fafety  and  fecurity, 
which  is  the  end  for  which  they  are  in  focie- 
ty."  Idem  Chap.  9, 

Of  Colonies  in  general. 

THIS  fubjed  has  nevej*  been  very  clear- 
ly and  fully  handled  by  any  modern 
F  2  v/ritcr. 


m 


!<■ 


I'' 


V,) 


If 


( 36 ) 

writer,  that  I  have  had  the  good  fortune  to 
meet  with;  and  to  do  it  juflice,  would  require 
much  greater  abilities  than  I  pretend  to,   and 
more  Icifure  than  I  ever  expedt  will  fall  to  my 
fhare.     Even  the  Englijh  writers  and  lawyers, 
have  either  intirely  waved  any  confidcration  of 
the  nature  of  Co/onvs,  or  very  lightly  touched 
upon  it,  for  the  people  of  England  never  dif- 
covered  much  conctrn  for  the  profperity  of 
the  Colonies,  till  the  revolution  ;  and  even  now 
fome  of  their  great  men  and  writers,  by  their 
difcourfcs  of,  and  conducSl  towards  them,  cv)n- 
fider  them  all  rather  as  a  parcel  of  /////<?  injtg^ 
nificant   conquered  ijlands,    than  as  a  very  ex- 
tenlive   futtlement   on   the  continent.     Even 
their  law-books  and  very  didionaries  of  law, 
in  editions  fb  late  as  1750,  Ipcak  of  the  Bri" 
ti/h  plantations  abroad  as  conlifting  chiefly  of 
iflands  j  and  they  are  reckoned  up  in  fome  of 
them  in  this  order — Jamaica,  Barbadoes,  Vir* 
ginia,    Maryland,    New- England,    New-Tork, 
Car  Una,  Bermudas.     At  the  head  of  all  thefe 
IJlands  (for  there  is  no  diftindion  made)  ftands 
Jamaica,  in  truth  a  conquered  ifland  ;  and   as 
fuch,  th  s  and  all  the  other  little  Weft-India 
ifla.ids  deferve  to  he  treated,  for  the  condudl 
of  their  inhabitants  and  proprietors  with  re- 
gard 10  the  Northern  Colonies  :  divers  of  thefe 
colonies  are  larger  than  all  thofe  iflands  toge- 
ther J  and  are  well  fettled,  not  as   the   com- 
mon   people   of  Englavd  foolifhly  imagine, 
with  a  compound  mongrel  mixture  of  Englijh^ 
Indian  and  Negro,  but  with  freeborn  Brittjh 

white 


(  37  ) 

white  fnbjcdls,    whofc  loyalty  has  never  yet 
been  fufpc<fied. 

There  is  a  man  now  living,  or  but  lately 
dead,  who  once  was  a  fecretary  of  ftate  ;  du- 
ring whofe  wonderful  cond\.\&L  of  national  af- 
fairs, withour  knowing  whether  'Jamaica  lay 
in  the  Mediterranean,  the  Baltic,  or  >n  the 
Moon,  letters  were  often  received,  direftud 
to  rhc  Governor  of  the  /y7rt«^  of  New- England, 
Which  ijland  of  New- England  is  a  part  of 
the  continent  of  North- America,  comprehcnd- 
iiig  two  provinces  and  two  colonies ;  and  ac- 
cording to  the  undouifted  hounds  of  their  char- 
ters, containing  more  land  than  there  is  in 
the  three  kingdoms.  But  I  muft  cont'ne  my- 
felf  to  matters  of  more  imoortance  than  de- 
tc(5tlng  the  geographical  blunders,  or  refuting 
the  errors  of  dead,  fuperannuated  or  otherwife 
ftupified  fecretaries  of  ftate,  who  are  now  all 
out  of  place. 

If  I  were  to  define  the  modern  Colonics,  I 
fliould  fay,  they  are  the  noble  dijcoverers  and 
Jet  tiers  of  a  new  world ;  from  whence,  as  from 
anendlefs  fource,  wealth,  ^nd  plenty,  the  means 
of  power,  grandeur  and  glory,  in  a  degree  un- 
known to  the  hungry  chiefs  of  former  ages, 
have  been  pouring  into  Europe  for  300  years 
pad :  In  return  for  which,  thofe  Colonifts 
have  received  from  the  fcveral  ftates  of  Europe, 
except  from  Great-Britain,  only  fmce  the  re- 
volution, nothing  but  ill-ufage,  flavery  and 
chams,  as  faft  as  the  riches  of  their  own  earn- 
ing, could  furni(h  the  means  of  forging  them. 

•   A 


M 


i 


tfi  '. 


'4 


'  jtUlt' 


'Ist^tt^ih;'  *'  jm  ' . 


■WJ*.^.**?!?,^  WM^T' 


{   38  ) 

A  plantation  or  colony,  is  a  fettlement  of 
fubjedts  in  a  territory  disjointed  or  remote  from 
the  mother  conntiy,  and  may  be  made  by 
private  adventurers  or  the  public  j  but  in  both 
cafes  theColonirtsare  intidedto  as  ample  rights, 
liberties  and  privileges  as  the  fubjedts  of  the 
mother  country  arc,  and  in  fome  rcfpe<^s  tot 
more. 


Of  the  natural  Rights  of  Cohnt'is, 


m\ 


til  ••» 


1'^HOSE  who  expedl  to  find  any  thing 
very  fatistadtory  on  this  lubjei^  in  par- 
tic  ulai,  or  with  regard  to  the  law  of  nature  ia 
general,  in   the  wiitings  of  fuch  authors  as 
Grotius  and  Pujendcrf  will   find  themfelves 
mu.  h  mffi:aken.     It  is  their  conftant  pra(5tice 
to  e/lablifli  the  matter  of  right  on  the  matter 
o^faSt :   This  the  celebrated  RouJJ'eau  exprefly 
fays  of  Grotius,  and  with  the  fame  reafon  he 
might  have  ?dded  an  hundred  others.     **  Thu 
learned  rcfearches  into  the  laws  of  nature  and 
nations  are  often  nothing  more  than  the  hif- 
tory  of  ancient  abufes,  fo  that  it  is  a  ridiculous 
infatuation  to  he  too  fond  of  ftudying  them.*" 
**  Ihis  was  exadly  the  cafe  with  Grotius.-f*' 
The  fentiments  on  this  fubjed  have  therefore 
been  chiefly  drawn  from  the  purer  fountains  of 
one  or  two  of  cur  Englijh  writers,  particulai- 
ly  from  Mr.  Locke,  to  whom  might  be  added 
2.  few  of  other  nations ;  for  I  have  feen  but  a 
few  of  any  country,  and  of  i\\  1  have  feen> 

there 


Marquis  D'A. 


t  Rou/Teau. 


,t> 


(  39  ) 

there  are  hot  ten  worth  reading.     Grotius, 
B.  3.  C.  I.  fee.  21.  difcourfing  of  confede- 
rates on  unequal  terms,  according  to  his  man- 
ner,   fays,    *•   to  the  incquaHty  in   qucflion 
may  be  referred  fome  of  thofe  rights  which 
are  now  called  right  of  protedlion,  right  of 
patronage,  and  a  right  termed  mundiburgium  ; 
as  alfo  that  which  mother  cities  had  over  theic 
colonies  among  the  Grecians.     For  as  Thucy'" 
dides  fays,   thofe  colonics  enjoj  ed  the   fame 
rights  of  liberty  with  the  other  cities,  but  they 
owed  a  reverence  to  the  city  whence  they  de- 
rived their  origin,  and  were  obliged  to  render 
her  refped:  and  certain  expreflions  ot  honour, 
fo  long  as  the  colony  was  well  treated** 

Grotius  de  jure  belli,  &c.  B.  i.  C.  3.  21. 

**  Hitherto  alfo  (fays  he)  may  be  referred 
that  feparation  which  is  made  when  people 
hy  one  confent,  go  to  form  colonies.  Far  this 
is  the  original  of  a  new  and  independent  Jlate, 
ney  are  not  content  to  be  Jlaves,  but  to  enjoy 
equal  privileges  and  freedoniy  fays  l^hucy dides. 
And  King  TulliuSi  in  Dion.  Hali.  fays,  we  look 
upon  it  to  be  neither  truth  nor  jujiice,  that  mo^ 
ther  cities  ought  ofnecejfuy  and  by  the  law  of 
nature  to  rule  over  their  colonies" 

B.  2.  C.  9.  fee.  10. 

'*  Colonies,  fays  Pufencorf,  are  fettled  in 
different  methods.  For  either  the  colony  con- 
tinues a  part  of  the  common- wealth  it  was 
fent  out  from,  o  •  elfe  is  obliged  fo  pay  a  du- 
tiful refped  to  the  mother  common- wealth, 
and  to  be  in  readinefs  to  defend  and  vindicate 

its 


ilHi 


^lii^ 


I        S'       ' 


I  :ffl 


¥     i 


in! 


h; 


I 


M 


(40) 

its  honour,  and  fo  is  united  to  it  by  a  fort  of 
unequal  confederacy  j  or  laftly,  is  ereded  into 
a  feparate  common- wealth,  and  aflumes  the 
lame  rights  with  the  ftate  it  is  defcended 
from.*' Pufend.  B.  8.  C.  11.  6. 

**  Different  common-weahhs  may  be  for  m- 
ed  out  of  one  by  common  confent,  by  fending 
out  colonies  in  the  manner  ufuul  in  old  Greece. 
For  the  Romans  afterwards,  when  they  fent 
a  colony  abroad,  continued  it  under  the  jurif- 
didion  of  the  mother  common-wealth,  or 
greater  country.  But  the  colonies  planted  by 
the  Greeks,  and  after  their  method,  con<li- 
tuted  particular  common- wealths,  which  w  i: 
obliged  only  to  pay  a  kind  of  deference  and 
dutiful  fubmiilion  to  the  mother  common- 
wealth."   Pufend.  B.  8    C.  12.  fee.  5. 

From  which  ^adages  it  is  manifeft  that 
theie  two  great  men  only  ftate  facfts,  and  the 
opinions  of  others,  without  giving  their  own 
upon  the  fubjedl :  And  all  that  can  be  col- 
lected from  thofe  fa6ls  or  opinions,  is,  that 
Gj^^^ece  was  more  generous,  and  a  better  mo- 
thei  to  her  colonies  than  Rome.  The  condudt 
of  Rome  towards  her  colonies,  and  the  cor- 
ruptions and  oppreffions  tolerated  in  her  pro- 
vincial officers  of  all  denominations,  was  one 
great  caule  of  the  downfall  of  that  proud  re- 
public. 

Dr.  Strahau  fays,  *'  there  is  a  great  affinity 
between  the  Britiih  colonies  and  thofe  of  the 
Spaniards  and  other  nations,  who  have  made 
fculemeals  among  the  Indians  in  thofe  parts : 

For 


i 


(41  ) 

For  tl^  grants  made  by  our  Kings  of  tra<5l's  of 
lands  in  that  country,  for  the  planting  of  co- 
lonic ,  and  nnaking  fettlements  therein,  appear 
to  have  been  made  in  imitation  of  grants  made 
by  the  Kings  of  Spain  to  the  pioprietors  of 
lands  in  the  Spanim  colonics,  upon  the  very 
fame  conditions,  and  in  confideration  of  the 
fame  fervices  to  be  performed  by  the  grantees* 
So  that  the  go*uerntnent  of  the  Spanish  colonies 
and  the  rights  of  the  proprietors  of  lands 
therein,  depending  chiefly  on  the  rules  of  civil 
and  feudal  lavr,  as  may  be  feen  by  the  learned 
treatife  of  Solorzanus,  dc  indiarum  jure,  the 
knowledge  of  the  faid  laws  muft  be  of  fervice 
like  wife  for  determining  any  controverfy  that 
may  arife  touching  the  duties  or  forfeitures  of 
the  proprietors  of  lands  in  our  Englifti  colo- 
nies.-^———Pref.  to  tranflat.  of  Doniat. 

With  fubmiflion  to  fo  great  an  authority  as 
Dr.  Strahan,  it  is  humbly  hoped  that  the  Bri- 
ti(h  colonifts  do  not  hold  their  lands  as  well 
as  liberties  by  fo  flippery  a  tenure  as  do  the 
Spaniards  and  French.  The  will  of  the  Prince 
is  the  only  tenure  by  which  they  hold ;  and 
the  government  of  the  Spaniih  and  French 
fettlements  is  in  every  refpfdl  defpotic. 

It  is  well  known  that  the  firll  American 
grants  were  by  the  Bulls  of  the  Popes.  The 
Roman  Pontiffs  had  for  ages  ufurped  the  moft 
abominable  power  over  princes :  They  granted 
away  the  kingdoms  of  the  earth  with  as  little 
ceremony  as  a  man  would  leafe  a  lheep-cot» 
Now  according  to  Dr.  Strahan's  logic,  it  may 
be  inferred,  that  tl.c  canon  law  and  the  Popes 

G  Bulls, 


m 


its 


iv 


&id. 


■1  1-  'nif^lfU'Hl 


,\h 


If 
It 


I! 'pi   '  < 

1;!;;  V ; 

li!;      i 


fUii       ! 


(    42    ) 

Bulls,  muft  be  oifervice  Hkewlfe,  for  deUrmin" 
ing  any  controverfy  that  may  artfe,  touching  the 
duties  or  forfeitures  of  the  proprietors  <f  lands  in 
the  Britijh  colonies.  And  indeed  it  muft  be 
owned,  if  we  were  to  judge  of  fome  late  pro- 
ceedings *  by  this  rule,  we  muft  allow  that 
they  favor  more  of  modern  Rome  and  the  In- 
quifition,  than  of  the  common  law  of  England 
and  the  conftitution  of  Great-Britain. 

In  order  to  form   an   idea  of  the  natural 
rights  of  the  Colonifts,  I  prefume  it  will  be 
grant   ^  ♦^hat  ihey  are  men,  the  commou  chil- 
dren or         fame  Creator  with  their  brethren 
of  Great-britain.     Nature  has  placed  all  fuch 
in  a  ftate  of  equality  and  perfcdl  freedom,  to 
a6l  within  the  bounds  of  the  laws  of  nature 
and  reafon,  without  confulting  the  will  or  re- 
garding the  humour,  the  paflions  or  whims  of 
any  other  man,  unlefs  they  are  formed  into  a 
fociety  or  body  politic.     This  it  muft  be  con- 
fcfted  is  rather  an  abftradl  way  of  confidering 
men  than   agreeable   to  the  real  and  general 
courfe  of  nature.     The  truth  is,  as  has  been 
fhewn,  men  came  into  the  world  and  into  fo- 
ciety at  the  fame  inftanr.    But  this  hinders  not 
but  that  the  natural  and  original  rights  of  each 
individual  may  be  illuftrated  and  explained  in 
this  way  better  than  in  any  other.     We  fee 
here  by  the  way  a  probability,  that  this  ab- 
ftradt  confideration  of  men,    which  has  its 
ufe  in  reafoning  on  the  principles  of  govern- 
ment, has  infenfibly  led  ibme  of  the  greateft 

*  Of  fome  ^^merican  Court'  of  A-imira1ty,  if  the  Reader 
plcafes. 


(  43  ) 
men  to  imagine,  fome  real  general  ftate  of 
nature,  agreeable  to  this  abftraft  conception, 
antecedent  to  and  independent  of  fociety.  Tris 
is  certainly  not  the  cafe  in  general,    for  moft 
men  become  members  of  fociety  from  their 
birth,  though  feparate  independent  ftates  are 
really  in  the  condition  of  perfcdl  freedom  and   " 
equality   with  regard  to  each  other  j  and  fo 
are  any  number  of  individuals  who  feparate 
themfelves  from  a  fociety  of  which  they  have 
formerly  been  members,  for  ill  treatment,  or 
other  good  caufe,  with  exprefs  defign  to  found 
another.     If  in  fuch  cafe^  there  is  a   real  in- 
terval, between  the  feparation  and    the  new 
conjundlion,  during  fuch  interval,  the  indi- 
viduals are  as  much  detached,  and  under  the 
law   of  nature  only,  as  would  be  two  men 
who  (hould  chance  to  meet  on  a  defolate  ifland. 
The  Colonifts  are  by  the  law  of  nature  free 
born,  as  indeed  all  men  are,  white  or  black. 
No  better  reafons  can  be  given,  for  enslaving 
thofe  of  any  colour,  than  fuch  as  baron  Mon- 
tefquieu  has  humouroufly  given,  as  the  foun- 
dation of  that  cruel  llavery  exercifed  over  the 
poor  Ethiopians  j  which  threatens  one  day  to 
reduce  both  Europe  and  America  to  the  igno- 
rance and  barbarity  of  the  darkefl  ages.    Does 
it  follow  that  it  is  right  to  enflave  a  man  be- 
caufe  he  is  black  ?  Will  (hort  curled  hair,  like 
wool,  inflcad  of  Chriftian  hair,  as  it  is  called 
by  thofe  whofe  hearts  are  as  hard  as  the  ne- 
ther millftone,  help  the  argument  ?  Can  any 
logical  inference  in  favour  of  llavery,  be  drawn 
from  a  flat  nofe,  a  long  or  a  Ihort  face?     No- 

G  2  thing 


1.1, 

I. 


i'fjMirl 


1  t     !l    , 

M 
m  I 


f 


(44) 

thing  better  can  be  faid  in  favour  of  a  trade, 
that  IS  the  mbft  fhocking  violation  of  the  hiw 
of  nature,  has  a  dired:  tendency  to  diminirti 
the  idea  of  the  ineilimable  value  of  liberty, 
and  makes  every  dealer  in  it  a  tyrant,  from 
the  diredor  of  an  African  company  to  the  pet- 
ty chapman  in  needles  and  pins  on  the  un- 
happy coaft.  It  is  a  clear  truth,  that  thofe 
who  every  day  barter  av^^ay  other  mens  liber- 
ty, will  foon  care  little  for  their  own.  To 
this  caufe  muft  be  imputed  that  ferofity,  cru- 
elty, and  brutal  barbarity  that  has  long  mark- 
ed the  general  character  of  the  fuf^Jir-iflanders. 
They  can  in  general  form  no  ic  ,  of  govern- 
ment but  that  which  in  perfon,  or  oy  an  over- 
feer,  the  joint  and  feveral  proper  reprefentative 
of  a  Creole*,  and  of  the  D — 1,  is  exercifed 
over  ten  thoufands  of  their  fellow  men,  born 
with  the  fame  right  to  freedom,  and  the  fweet 
enjoyments  of  liberty  and  life,  as  their  unre- 
lenting lafk-maflers,  the  overfeers  and  planters. 

Is  it  to  be  wondered  at,  if,  when  people  of 
the  ftamp  of  a  Creolian  planter  get  into  power, 
they  will  not  ftick  for  a  little  prefent  gain,  at 
making  their  own  pofterity,  white  as  well  as 
black,  worfe  flaves  if  pofTible  than  thofe  al- 
ready mentioned. 

There  is  nothing  more  evident,  fays  Mr. 
Locke,  than  **  that  creatures  of  the  fame  fpe- 

cies 

*  Thofe  in  England  who  borrow  the  terms  of  the  Spaniards, 
as  well  as  their  notions  of  government,  apply  this  term  to  all 
Americans  of  European  Extraft  ;  but  the  Northern  colonifts 
apply  it  only  to  the  lilanders  and  others  of  fuch  extract,  under 
the  Torrid  Zone, 


(4S) 

cies  and  rank,  promifcuoufly  born  to  all  the 
fame  advantages  of  nature,  and  the  ufe  of  the 
fame  facuhies,  (hould  alfo  be  equal  one  among 
another,  without  fubordination  and  fubjedtion, 
nnlefs  the  mafter  of  them  all  fhould  by  any 
manifeft  declaration  of  his  will  fet  one  above 
another,  and  confer  on  him,  by  an  evident 
and  clear  appointment,  an  undoubted  right  to 
^  dominion   and  fovereignty."     "  The  natural 

liberty  of  man  is  to  be  free  from  any  fuperior 
power  on  earth,  and  not  to  be  under  the  will 
or  legiflative  authority  of  man,  but  only  to 
have  the  law  of  nature  for  his  rule".  This 
is  the  liberty  of  independent  ftates  j  this  is  the 
liberty  of  every  man  out  of  fociety,  and  who 
has  a  mind  to  live  fo ;  which  liberty  is  only 
abridged  in  certain  inftances,  not  loft  to,thofe 
who  are  born  in  or  voluntarily  enter  into  fo- 
ciety ;  this  gift  of  God  cannot  be  annihilated. 

The  Colonifts  being  men,  have  a  right  to 
be  confidercd  as  equally  entitled  to  all  the 
rights  of  nature  with  the  Europeans,  and  they 
are  not  to  be  reftrained,  in  the  exercife  of  any 
of  thefe  rights,  but  for  the  evident  good  of  the 
whole  community. 

By  being  or  becoming  members  of  fociety, 
they  have  not  renounced  their  natural  liberty 
in  any  greater  degree  than  other  good  citizens, 
and  if  it  is  taken  from  them  without  their 
ccnfent,  they  are  fo  far  enllaved. 

They  have  an  undoubted  right  to  expect, 
that  their  heft  good  will  ever  be  ccnfulted  by 
their  rulers,  fnpreme  and  fubordinate,  with- 
out any  piirtial  views  confined  to  the  particular 

ip- 


IP' 


m 


.i^A' 


>iiini> 


m 


f  -i 


?-■ 


m 
t 


W' 

%  i*  III 
1 1  ' 


I 


:mi 


11 

:;1 


(46) 

intered  of  one  ifland  or  another.  Neither  the 
r»chcs  of  Jamaica,  nor  the  luxury  of  a  metro- 
poli  ,  {liould  ever  have  weight  enough  to  break 
the  halance  of  truth  and  juftice.  Truth  and 
faith  belong  to  men  as  men,  from  men,  and 
if  ihey  are  difappointed  in  their  jnft  expecta- 
tions ot  them  in  or  e  fociety,  they  will  at  leaft 
wi(h  for  them  in  another.  If  the  love  of  truth 
and  juftice,  the  only  fpring  of  lonnd  policy  in 
any  ftate,  is  not  ftrong  enough  to  prevent  cer- 
tain caufcs  from  taking  place,  the  arts  of  fraud 
and  force  will  not  prevent  the  moft  fatal 
efFeds. 

In  the  long  run,  thofe  who  fall  on  arbitrary 
rneafures,  will  meet  with  their  deferved  fate. 
The  law  of  nature,  was  not  of  man's  making, 
nor  is  it  in  his  power  to  mend  it,  or  alter  its 
courfe.  He  can  only  perform  and  keep,  or 
difobey  and  break  it.  The  laft  is  never  done 
with  impunity,  even  in  this  life,  if  it  is  any 
punifliment  for  a  man  to  feel  himfelf depraved; 
to  find  hmifelf  degraded  by  his  own  folly  and 
wickednefs  from  the  rank  of  a  virtuous  and 
good  man,  to  that  of  a  brute  ;  or  to  be  tranf- 
formed  from  the  friend,  perhaps  father  of  his 
country,  to  a  devouring  Lion  or  Tyger. 

The  unhappy  revolutions  which  for  ages 
have  diftreffed  the  human  race,  have  been  all 
owing  to  the  want  of  a  little  wildcm,  com- 
mon lenfe  and  integrity,  in  the  adminillration 
of  thole,  whom  by  their  ftations,  God  had  in 
kindnefs  to  the  world,  rendered  able  to  do  a 
great  deal,  for  the  benefit  of  mankind,  with 

the 


fh 

pu 


if. 

lis 


res 
ill 


lin 


th 


(47) 
the  exertion  of  a  fmall  portion  of  private  and 
public  virtue. 

Of  the  Political  and  Civil  Rights  of  the  Bri- 

tifli  Colonijls, 

HERE  indeed  opens  to  view  a  large  field; 
but  I  muft  ftudy  brevity — Few  people 
have  extended  their  enquiry  after  the  founda- 
tion of  any  of  their  -'^hts,  beyond  a  charter  from 
the  crown.  There  are  others  who  think  when 
they  have  got  back  to  old  Magna  Charta,  that 
they  are  at  the  beginning  of  all  things.  They 
imagine  themfelves  on  the  borders  of  Chaos 
(and  fo  indeed  in  fome  refped^s  they  are)  and 
fee  creation  rifing  out  of  the  unformed  mafs, 
or  from  nothing.     Hence,  fay  they,  fpring  all 

the  rights  of  men  and  of  citizens. But  li^ 

berty  was  better  underftood,  and  more  fully 
enjoyed  by  our  aneeftors,  before  the  coming 
in  of  the  firft  Norman  Tyrants,  than  ever  af- 
ter, till  it  was  found  neceflary,  for  the  falva^ 
tionof  the  kingdom,  to  combat  the  arbitrary 
and  wicked  proceedings  of  the  Stuarts. 

The  prefent  happy  and  mod  righteous  efta- 
blilhment  is  jullly  built  on  the  ruins,  which 
thofe  Princes  brought  on  their  family ;  and 
two  of  them  on  their  own  heads — The  laft  of 
the  name  facrificed  three  of  the  fineft  king- 
doms in  Europe,  to  the  councils  of  Wgotted 
old  women,  priefts,  and  more  weak  and 
wicked  miniilers  of  ftate  :  he  afterward  went 
a  grazing  in  the  fields  of  St.  Germains,  and 
there  ditd  in  difgrace   and  poverty,  a  terrible 

example 


^^ 


W' 


!' 


r 


i 


.m 


( 48 ) 

example  of  God's  vengeance  on  arbitrary 
princes  ! 

The  deliverance  under  God  wrought  by  the 
prince  of  Orange,  afterwards  defervedly  made 
King  Wm.  III.  was  as  joyful  an  event  to  the 
colonies  as  to  Great-Britain  :  in  fome  of  them, 
ftcps  were  taken  in  his  favour  as  foon  as  in 
England. 

They  all  immediately  acknowledged  King 
William  and  Queert  Mary  as  their  lawful  So- 
vereign. And  fuch  has  been  the  zeal  and  loy- 
alty of  the  colonies  ever  fince  for  that  efla- 
blifhment,  and  for  the  proteftant  fuccefliion  in 
his  prefent  Majefty's  illuftrious  family,  that  I 
believe  there  is  not  one  man  in  an  hundred 
(except  in  Canada)  who  does  not  think  him- 
felf  under  the  beft  national  civil  conftitution  in 
the  world. 

Their  loyalty  has  been  abundantly  proved, 
efpecially  in  the  late  war.  Their  affedlioti 
and  reverence  for  their  mother  country  is  un- 
queftionable.  They  yield  the  moft  chearful 
and  ready  obedience  to  her  laws,  particularly 
to  the  power  of  that  auguft  body  the  parlia- 
ment of  Great-Britain,  the  fupreme  legiflative 
of  the  kingdom  and  its  dominions.  Thefe  I 
declare  are  my  own  fentiments  ^f  duty  and 
loyalty.  I  alfo  hold  it  clear  that  the  adt  of 
Queen  Anne,  which  makes  it  high  treafon  to 
deny  "  that  the  King  with  and  by  the  autho- 
rity of  parliament,  is  able  to  make  laws  and 
ftatutes  of  fufficient  force  and  validity  to  liffiif 
and  ^/W  the  crown,  and  the  delcent,  limita- 
tion,'^ inheritance  and  goveru?n.'nt  thereof"   is 

founded 


in 


(49  ) 

founded  on  the  principles  of  liberty  and  the 
l5riti(li  conftitution  :  and  he  that  would  palm 
the  do(arine  of  unlimitted  paflive  obtditnce 
and  non  refiftance  upon  mankind,  and  thereby 
or  by  any  oiher  means  lerve  the  caufe  of  the 
Pretender,  is  not  only  a  fool  and  a  knave,  but 
a  rebel  againil  common  (qhCq,  as  well  as  the 
laws  of  God,  of  Nature,  and  his  Country. 

f^  I  alfo  lay  it  down  as  one  of  the  firft 
principles  from  whence  I  intend  to  deduce  the  ci- 
vil rights  of  the  Britilh  colonic  >,  that  all  of  them 
are  fubjedt  to,  and  dependent  on  Great-Bri- 
tain ;  and  that  therefore  as  over  fubordinatc 
governments,  the  parliament  of  Great- Bri- 
tain has  an  undoubted  power  and  lawful  au- 
thority, to  make  adis  for  the  general  good, 
that  by  naming  them,  (hall  and  ought  to  be 
equally  binding,  as  upon  the  fuhjedls  of  Great- 
Britain  within  the  realm.  This  principle,  I 
prefume  will  be  readily  granted  on  the  other 
(ide  the  atlantic.  It  has  been  pra(5liced  upon 
for  twenty  years  to  my  knowledge,  in  the 
province  of  the  Majfachiifetts-Bay  ;  and  I  have 
ever  received  it,  that  it  has  been  io  from  the 
beginning,  in  this  and  the  filler  provinces, 
through  the  continent*. 

I  am  awan%  fome  will  think  it  is  time  for  me 
to  retreat,  aft-^r  having  exprelfed  the  power  of 
the  BntiHi  parliament  in  quite  fo  ftrong  terms. 
But  it  is  from  and  under  this  very  power  and 

H  its 


'^f 


;'■'■.  \ 


\m^ 


iK 


!■ 


W 


*  This  however  was  formally  declared  as  to  Iielain^,  butfo 
lately  as  the  reij^n  of  G.  I.  Upon  the  old  principles'  of  con- 
queft  the  Irifli  could  not  have  fj  much  :o  fay  for  aa  exenipiion^ 
a'J  the  uuconc^uered  ^olooills. 


r»' 


.   .f'l 


'     (  sO 

5ts  a6ls,  and  from  the  common  law,  that  thq 
political  and  civil  rights  of  the  Colonifts  are 
derived  :  and  upon  thofe  grai  d  pillars   of  li- 
berty Hull  my  defence  be  reftcd.     At  prefent 
therefore   the  reader   may  fuppofe,  that  there 
is  not  one  provincial  charter  on  the  coi.rincrit; 
he  may,  if  he  pleafes,  imagine  all  takr-n  away, 
>vithout  fault,  without  forvtiture,  without  tri- 
al or  notice.    All  this  really  happcne.i  to  fome 
of  them  ^»  the  latl:  century.     I  would  h;.'ve  the 
reader  carry  his  imagination  ftill  further,  and 
fuppofe  a  time  may  come   when   inftead  of  a 
prcxefs  at  common  law,  the  parliament  (hall 
give  a  decifive  blow, to  every  charter  in  Ame- 
rica, and  declare  them  all  void.     Nay  it  {hall 
alfo  be  granted,  that  it  is  barely  poillble,  tl* 
time  may  come,  when  the  real  intereft  of  ti_ 
whole  may  require  an  adl  of  parliament  to  an- 
nihilate all  thofe  charters.     What  could  fol- 
low from  all  this,  that  would  {hake  one  of  the 
eflential,  natural,   civil  or  religious  rights  of 
the  Colonics  ?    Nothing.     They  would   be 
men,  citizens  and  Britilh  fubjedls  nfter  all.    No 
adl  of  parliament  can  deprive  them  of  the  li- 
berties of  fuch,  unlefs  any  will  contend  that  an 
adl  of  parliament  can  make  flaves  not  only  of 
one,  but  of  two  millions  of  the  commcn- 
wealth.     And  if  fo,  why  not  of  the  whole  .? 
I  freely  own,  that  I  can  find  nothing  in   the 
laws  of  my  country,  that  would  julHfy  the  par- 
liament in  making  one  flave,  nor  did  they  ever 
profefTedly  undertake  to  make  one. 

Two  or  three  innocent  colony  charters  have 
j^een  threatened  with  deftrudlioa  an  hundre4 

•  and 


(5'  ) 

and  forty  years  paft.  1  wlfh  the  prefent  ene- 
mies of  thofe  harmlefs  charters  would  refltd  a 
moment,  and  he  convinced  that  an  adt  of  par- 
liament that  (hould  demolilh  thofc  bugbears 
to  the  foes  of  hherty,  would  not  reduce  the 
Colonics  to  a  ftate  of  absolute  flavery.  The 
ivorft  enemies  of  the  charter  governments  are 
by  no  means  to  be  found  in  England.  It  is  a 
J)iece  of  juftice  due  to  Great-Britain  to  own, 
they  are  and  have  ever  been  natives  of  or  refi- 
dents  in  the  colonies.  A  fet  of  men  in  Ame- 
rica, without  honour  or  love  to  their  country, 
have  been  long  grafping  at  powers,  which  they 
tliink  unattainable  while  thefe  charters  (land  irt 
the  way.  But  they  will  meet  with  infur- 
mountabie  cbftacles  to  their  pr  jcdl  for  en- 
Tip.ving  the  Britifh  colonies,  fliould  thofe,  a- 
rifnig  from  provincial  charters  be  removed. 
It  would  indeed  feem  very  hard  and  fevere,  for 
thofe  of  the  colonifts,  who  have  charters,  with 
peculiar  privileges  to  lofe  them.  They  were 
given  to  their  anceftors,  in  confideration  of 
their  fufferines  and  merit,  in  difcoverino;  and 
fetding  America-,  Our  fore-fathers  were  foon 
worn  away  in  the  toils  of  hard  labour  on  their 
little  plantations,  and  in  war  with  the  Savages. 
They  thought  they  were  earning  a  fure  inhe- 
ritance for  their  poflerity.  Could  they  ima- 
gine it  would  ever  be  thought  juft  to  deprive 
them  or  theirs  of  their  charter  privileges  ! 
Should  this  ever  be  the  cafe,  there  are,  thank 
God,  natural,  inherent  and  infcparahle  rights 
as  men,  and  as  citizens,  that  would  remain 
after  die  ih  much  vvilhed  for  cataflrophe,  and 

H  2  which, 


I' 
i 


Vi 


n 


...    i 

vi 


-,  ■'.;■;  i 


t;  1 


i 


f 


( s* ) 

which,  whatever  became  of  charters,  can  ne- 
ver be  aboliflied  de  jure^  if  de  fa5lo^  till  the' 
general  confiajrration*.  Our  rights  as  men 
and  freeborn  Britifti  fubjects,  give  all  the  co- 
Jonifts  enough  to  make  them  very  happy  in 
comparifon  with  the  fubjefts  of  any  other 
prince  in  the  world. 

Every  Briiifh  Subje(il  born  on  the  continent 
of  America,  or  in  any  other  of  the  Bfitiih  do- 
minions, is  by  the  la^i'  of  God  and  nature,  by 
the  common  law,  and  by  adl  of  parliament, 
(exclufive  of  all  charters  from  the  crown)  en- 
tirled  to  all  the  natural,  efTential,  inherent  and 
infcparable  rights  of  our  fellow  fubjedls  in 
Great-Britain.  Among  thofc  rights  are  the 
following,  which  it  is  humbly  conceived  no 
man  or  body  of  men,  not  excepting  the  par- 
liament, jnftly*  equitably  and'Confiftently  with 
their  own  rights  and  the  coniliration,  can  take 
uway. 

I  rt.  T-hat  the  fupr erne  and  fubordinate  powers, 
ofiegijliitionfiouldhefree  and f acred  in  the  hands 
where  tht  community  have  once  rightfully  placed 
them, 

2dly.  The  ftipreiuC  national  kgljlathie  cannot 
he  altered  jujtly  till  the  CGUimoniJocalth  is  dif- 
Jolved,  nor  ajuhordinate  kgijlative  taken  away 
without  forftiture   or  other  good  caiife.     Nor 
then  can  the  fubjeds  in  the  fubordinate  govern- 
ment 

*  The  fine  defence  of"  the  provincial  charters  by  Jeremy. 
Dumtner,  Efq;  the  lc4:c  ^-ery  able  and  learned  ag;ent  for  the 
province  rf  th*?  Majfachufctts-Bay,  makes  it  rxedlefs  to  go  into 
a  particujar  confideralion  of  charter  privilege-?.  That  piece  is 
unanlWerable,  but  by  power  and  mi^litj  and  other  arguments 
of  that  kind. 


(S3) 

ment  be  reduced  to  a  ftate  of  flavery,  and  Tub* 
jecft  to  the  defpotic  rule  of  others.     A  ftate 
has  no  right  to  make  flaves  of  the  conquered. 
Even  when  the  fubordinate  right  of  legiflature 
is  forfeited,  and  fo  declared,  this  cannot  effedt 
the  natural  perfons  either  of  thofe  who  were 
inverted  with  it,  or  the  inhabitants*,  fo  far  as 
to  deprive  them  of  the  rights  of  fubjedts  and' 
of  men. — The  colonifts  will  have  an  equitable 
right,  nctwithftanding  any  fuch  forfeiture  of 
charter,  to  be  reprefented  in  parliament,  or  to 
have  fume  new  fubordinate  legiflature  among 
themfelves.   It  would  be  heft  if  they  had  both. 
Deprived,  however,  of  their  common   rights 
as   lubjedts,  they   cprs.ot  lawfully   be,  while 
they  femain  fuch.     A   reprefentation  in  Par- 
liament from  the  feveral  colonies,    lince  they 
are   become  fo  large  and  numerous,  as  to  be 
called  on  not  on  y  to  maintain  provincial  go-^ 
vcrnment,  civil  and  military.,   among   them- 
iclves,  for  this  they  have  chearfully  done,  but 
to  contribute  towards  the  fupport  of  a  national 
flanding  army,  by  reafon  of  the  heavy  national 
debt,  when  they  themfelves  owe  a  large  one, 
Goniradled  in  the  common  caufe,    cannot  be 
thought  an  unreafonable  thing,  nor  if  afked, 
could  it  be  called  an  immodeit  requeH:.     ^« 
fentit  commodum  fenfire  debet  ct  onu^y  has  been 
thought  a  maxim  of  equity.     Biit  that  a  man 
ihould  bear  a  burthen  for  other  people,  as  well 
as  himfelf,  without  a  return,  never  lung  found 
a  place  in  any  law-book  or  decrees,  but  thofe 

of 


1^ 


^ 


'H4 


*  See  Magna  Charta,  the  Bill   of  Rights. 
2  Salkeld  411.     Vaughan  300. 


Mod.  i<;2. 


i'.  1 


''«V>,' 


f>  il 


<t\y-rK: 


(54) 

of  the  moft:  defp'otic  princes.  Beiides  the  equi- 
ty of  an  American  reprefentation  in  parlia- 
ment, a  thoufand  advantages  would  refult  froni 
it.  It  would  be  the  moft  effectual  means  of 
giving  thofe  of  both  countries  a  thorough 
knowledge  of  each  others  interefts  ;  as  well  as 
that  of  the  whole,  which  are  infeparable. 

Were  this  reprefeiitation  allowed  5  inftead 
of  the  feandalous  memorials  and  depofitions 
that  have  been  fornetimes,  in  days  of  old,  pri- 
vately cooked  up  in  an  inquifitcrial  manner^ 
by  perfons  of  bad  minds  and  wicked  views, 
and  fent  from  America  to  the  feveral  boards, 
perfons  of  the  firft  reputation  among  their 
countrymen,  might  be  on  the  fpot,  from  the 
feveral  colonies,  truly  to  reprefent  them.  Fu- 
ture minifters  need  not,  like  fome  of  their 
predeceflbrs,  have  recourfe  for  information  in 
American  affairs,  to  every  vagabond  ftroller, 
that  has  run  or  rid  poft  through  America, 
from  his  creditors,  or  to  people  of  no  kind  of 
reputation  from  the  colonies  j  fome  of  whom, 
at  the  time  of  adminiftring  their  fage  advice, 
have  been  as  ignorant  of  the  ftate  of  this  coun- 
try, as  of  the  regions  in  Jupiter  and  Saturn. 

No  reprefentation  of  the  colonies  in  parlia- 
ment alone,  would,  however,  be  equivalent 
to  a  fubordinate  legillative  among  themfelves; 
nor  fo  well  anfwer  the  ends  of  increafing  their 
profperity  and  the  commerce  of  Great-Britain. 
It  would  be  impofBble  for  the  parliament  to 
judge  fo  well  of  their  abilities  to  bear  taxes, 
impofuions   on  trade,  and  other  duties   and 

bur- 


I 


-:<f. 


I- 


burthens,  or  of  the  local  laws  that  might  be 
really  needful,  as  a  legiflative  here. 

3dly.  No  legijlative,  fupreme  or  fubordinate^ 
has  a  right  to  make  itf elf  arbitrary. 

It  would  be  a  mofl  manifeft  contradidlion, 
for  a  free  legiflative,  like  that  of  Great-Bri? 
tain,  to  make  itfelf  arbitrary. 

4thly.   T^he  fupreme  legiflative^  cannot  jujlfy 

ajj'unie  a  power  of  ruling  by  extempore  arbitrary 

decrees^  but  is  bound  to  difpenfe  jujiice  by  known 

fettled  ruleSi  and  by  duly  authorized  independent 

judges. 

5thly.  The  fupreme  power  cannot  take  from 
any  man  any  part  of  his  property,  without  his 
con  fen  t  in  perfon  or  by  reprefentation. 

6thly.  The  /egijlative  cannot  transfer  the 
power  of  making  laws  to  any  other  hands, 

Thefe  are  their  bounds,  which  by  God  and 
nature  arc  fixed,  hitherto  have  they  a  right  to 
come,  and  no  further. 

1 .  To  govern  by  fated  laws. 

2.  Thofe  laws  fiould  have  no  other  end  ulti^ 
mately,  but  the  good  of  the  people. 

3.  Taxes  are  not  to  be  laid  on  the  people  but 
by  their  ronfent  in  perfon,  or  by  deputation. 

4.  Tjeir  whole  power  is  not  transferable^'. 
Thefe  are  the  firft  principles  of  law  and  juf*- 

ticc,  and  the  ^rc^t  barriers  of  a  free  flate,  and 
of  the  BritiQi  conftitution  in  particular.  I  afk, 
I  want  no  more — Now  let  it  be  fliewn  how  it 
is  reconcileable  with  thefe  principles,  or  to 
many  other  fundamental  maxims  of  the  Bri- 
itifh  conftitution,  as  well  as  the  natural  and  ci- 
vil 


^U, 


■M 


f  S^c  Lccke  on  Government.  B.  H.  C.  xl> 


(  S6) 

vil  rights,  which  by  the  laws  of  their  coun- 
try, all  Britifli  fubjeds  are  entitled  to,  as  iheir 
bed  inheritance  and  birth-right,  that  all  the 
northern  colonies,  who  are  without  one  rc- 
prcfentatiye  in  the  hoiife  of  Comnions,  (hould 
be  taxed  by  the  British  parliament. 

That  the  colonifts,  black  and  white,  bora 
Jiere,  are  free  born  Britilh  fubjeds,  and  enti- 
tled to  all  the  effential  civil  rights  of  fuch,  is  a 
truth  not  only  manifeft  froni  the  provincial 
charters,  from  the  principles  of  the  commor* 
law,  and  adls  of  parliament  i  but  from  the  Bri- 
tifh  conftitution  which  was  re-eftabliflied  at 
the  revolution,  with  a  profefled  defign  to  fe^ 
cure  the  liberties  of  all  the  lubjedts  to  all  ge-" 
Derations  *. 

In  the  12  and  13  of  Wm.  cited  above,  the 
liberties  of  the  fubjcGt  are  fpoken  of  as  their 
beft  birth-rights-^No  one  ever  dreamed,  fi^re* 
ly,  that  thefe  liberties  were  confined  to  the 
realm.  At  that  rat-;,  no  Britiih  fubjedls  in  the 
dominions  could,  without  a  manifeft  contra- 
didlion,  be  declared  entitled  to  all  the  privi- 
leges of  fubjedls  born  within  the  realm,  to  all 
intents  and  purpoles,  which  are  rightly  given 
foreigner*:,  by  parliament,  after  refiding  feveii 
years.  Thefe  expreflions  of  parliament,  as 
well  as  of  the  charters,  muft  be  vain  and  emp- 
ty founds,  unltfs  we  are  allowed  the  effen-r 
tial  rights  of  our  fellow- fubjeds  in  Qreat-Bri-p 
tain. 

Now  can  there  be  any  libertv,  where  pro- 
perty is  taken  away  without  confent  ?  Can  it 

with 


*  See  the  convention,  and  a£ts  coniirming  it. 


(S7) 

with  any  colour  of  truth,  juftice  or  equity, 
be  affirmed,  that  the  northern  colonies  are 
reprefenred  in  oarliament  ?  Has  rhis  whole 
continent,  of  near  three  thoufand  miles  in 
length,  and  in  which,  and  his  orher  Ame- 
rican dominions,  his  Majefty  has,  or  very  foon 
will  have,  fome  millions  of  as  good,  loyal  and 
ufeful  fnbjedls,  white  and  black,  as  any  in 
the  three  kingdoms,  the  eledion  of  one  mem-- 
ber  of  the  houfe  of  commons  ? 

Is  there  the  leaft  difference^  as  to  the  con- 
fent  of  the  Colonifts,  whether  taxes  and  impo- 
iitions  are  laid  on  their  trade,  and  other  pro- 
perty, by  the  crown  alone,  or  by  the  parlia- 
ment ?  As  it  is  agreed  on  all  hands,  the 
Crown  alone  cannot  impofe  them,  we  fhould 
be  juftifiable  in  refufing  to  pay  them,  but  mufl: 
and  ought  to  yield  obedience  to  an  adl  of  par- 
liament, though  erroneous,  till  repealed.    , 

I  can  fee  no  reafon  to  doubt,  but  that  the 
impofition  of  taxes,  whether  on  trade,  or  on 
land,  or  houfes,  or  fhips,  on  real  or  perfonal, 
fixed  or  fioa|ing  property,  in  the  colonies,  is 
abfolutely  irreconciktable  with  the  rights  of 
the  Colonifts,  as  Britifli  iubjeds,  and  as  men. 
1  fay  men,  for  in  a  flate  of  nature,  no  man 
can  take  my  property  from  me,  without  my 
confent :  If  he  doe'"^,  he  deprives  me  of  my 
liberty,  and  makes  me  a  flave.  If  fuch  a  pro- 
ceeding is  a  breach  of  the  law  of  nature,  no 
law  of  fociety  can  make  it  juft. — The  very  adt 
of  taxing,  exercifed  over  thofe  who  are  not 
rcprefented,  appears  to  me  to  be  depriving 
tjiem  of  one  of  their  mofl  eiiential  rights,  as 

I  free- 


M 
lU 
'r': 

'}-! 


M 


W  'i 


it. 

'i  '     ' 


J  58) 

freemen  j  and  if  contifiued,  feems  to  be  irt 
effcCl  an  entire  disfranchifement  of  every  civil 
righ:.  For  what  one  civil  right  is  worth  a 
ruih,  after  a  man's  property  is  fubje6t  to  b6 
taken  from  him  at  pleafure,  without  his  con- 
fent  ?  If  a  man  is  not  his  owfi  ajfejfor  in  per- 
fon,  or  by  deputy,  his  liberty  is  gone,  or  lays 
inrirtly  at  the  mercy  of  others. 

I  think  I  have  heard  it  faid,  that  when  the 
Dutch  are  afked  why  they  enllave  their  colo- 
nies, the:'"  anfwer  is,  that  the  liberty  of  Dutch* 
men  is  confined  to  Holland  ;  and  that  it  was 
never  intended  for  Provincials  in  America,  or 
any  where  elfe.    A  fentiment  this,  very  wor- 
thy of  modern  Dutchmen  j  but  if  the-r  brave 
and  worth_j  anceftors  had  entertained  fuch  nar- 
row ideas  of  liberty,  feven  poor  and  didreffed 
provinces    would  never   have   aflcrted    their 
rights  againft  the  whole  Spanifh  monarchy,  of 
which  the  prefent  is  but  a  (hadow.      It  is   to 
be  hoped,  none  of  our  fellow  fubjedls  of  Bri- 
tain, greater  fmall,  have  borrowed  this  Dutch 
maxim  of  plantation  politics  j    if  they  have, 
thty  had  better  return  it  from  whence  it  came  j 
indeed   they  had.     Modern  Dutch  or  French 
maxims  of  ftate,  never  will  fuit  with  a  BriiiCh 
conftitution.     It  is   a  ma\im,  thit  the  King 
can  do  no  wrong  ;  and  every  good  fubjedl  is 
bound   to   believe   his  King  is  not  inclined  to 
do  any.     We  are  bleffed  with  a  prince  who 
has  given  abbndant  dcmonftrations,  that  in  all 
his  actions,  he  ftudies  the  good  of  his  people, 
and  the  true  glory  of  his  crown,  which  are  in- 
feparable.     It  would  therefore  be  the  highefl 

d'e- 


(59  ) 

degree  of  impudence  and  difloyalty  to  imagine 
tlui  the  King,  at  the  head  of  his  parliament, 
could  have  any,  but  the  moft  pure  and  perfe(^t 
intentions  of  juftice,  goodnefs  and  truth,  that 
human  nature  is  capable  of.     All  this   I   fay 
and  believe  of  the  King  and  parliament,  in  all 
their  adls ;  even  in  that  which  fo  nearly  affedts 
the  intereft  of  the  colonifts ;   and  that  a  moft 
perfedl  and  ready  ob*»dicnce  is  to  be  yielded  to 
it,  while  it  remains  in  force.     I  will  go  fur- 
ther, and  really  admit,  that  the  intention  of 
the  miniftry  was  not  only  to  promote  the  pub- 
lic good,  by  this  acSjt,  but  that  Mr.  Chancel- 
lor of  the  Exchequer  had  therein  a  particular 
view  to  the  *•  eafe,  the  quiet,  and  the  good 
will  of  the  Colonies,"  he  having  made  this 
declaration  n^ore  than  once.     Yet  I  hold  thjit 
it  is  pollible  he  may  have  erred  in  his  kind  in- 
tentions towards  the  Colonies,  and  taken  away 
our  fifb,  and  given  us  a  ftone.     With  regard 
to   the  parlianient,  as  infalibility  belongs  not 
to  mortals,  it  is  poffible  they  may  have  been 
mifinformed  and  deceived.     The  power   of 
parliament  is  uncontroulable,  but  by  them- 
felves,  and  we  muft  obey.     They  only  can 
repeal   their  own  adls.     There  would  be  an 
end  of  all  government,  if  one  or  a  number  of 
fubjedts  or  fubordinate  provinces  (hould  take 
upon  them  fo  far  to  judge  of  the  julHce  of  an 
fldt  of  parliament,  as  to  refufe  obedience  to  it. 
If  there  was  nothing  elfe  to  reftrain  fuch  a  ftep, 
prudence  ought  to  do  it,  for  forcibly  relifting 
the  parliament  and   the  King^s  laws,  is  high 
Jreafon.      Therefore  let   the  parliament  lay 

I  a  ,  what 


1^   ' 


(6o) 

what  burthens  they  pleafe  on  us,  we  mnft,  it 
is  our  duty  to  fubmit  and  patiently  bear  them, 
till  they  will  be  pleafed  to  relieve  us.  And 
it  is  to  be  prefumed,  the  wifdom  and  juftice  pf 
that  augufi  aflembly,  always  will  afford  us  re- 
lief by  repealing  fuch  adls,  as  through  miftake, 
pr  other  human  infirmities,  have  been  fuffered 
to  pafs,  if  they  can  be  convinced  that  their  pro- 
ceedings are  not  conftitutional,  or  not  for  the 
common  good. 

The  parliament  may  be  deceived,  they  may 
have  been  mifmformed  of  fadls,  and  the  colo- 
nies may  in  many  refpedts  be  mifreprefented 
to  the  King,  his  parliament,  and  his  mini- 
flry.  In  fome  inftances,  I  am  well  afl'ured 
the  colonies  have  been  very  flrangely  mifre- 
prefented in  England.  'I  have  now  before  me 
a  pamphlet,  called  *^The  Adminiftration  of  the 
Colonies,"  faid  to  be  written  by  a  gentleman 
who  formerly  commanded  in  chief  in  one  of 
them.  I  fuppofe  this  book  was  defigned  for 
public  information  and  ufe.  There  are  in  it 
many  good  regulations  propoled,  which  no 
power  can  enforce  but  the  parliament.  From 
all  which  I  infer,  that  if  our  hands  are  tied 
by  the  pafling  of  an  adt  of  parliament,  our 
mouths  are  not  flopped,  provided  we  fpeak  of 
that  tranfcendent  body  with  decenpy,  as  I 
Jiave  endeavoured  always  to  do  ^  and  fhould 
any  thing  haye  efcaped  me,  or  hereafter  fall 
from  my  pen,  that  bears  the  lead  afpe(51:  but 
that  ot  obedience,  duty  and  loyalty  to  the 
|Cing  and  parliament,  and  the  higheft  refpedt 
for  the  miniftry,  the  candid  will  impute  it  to 


{6i) 

die  agony  of  my  heart,  rather  than  to  the  pra* 
vity  of  my  will.  If  I  have  one  ambitious  wifli, 
it  is  to  fee  Great- Britain  at  the  head  of  the 
world,  and  to  fee  my  King,  under  God,  the 
father  of  qiankind.  I  pretend  neither  to  the 
fpirit  of  prophecy,  nor  any  uncommon  fkill 
in  prediding  a  Crifis,  much  lefs  to  tell  when 
it  begins  to  be  "  nafcent"  or  is  fairly  midwiv'd 
into  the  world.  But  if  I  were  to  fix  a  mean- 
ing to  the  two  firft  paragraphs  of  the  Admini- 
Jiration  of  the  Colonies^  though  I  do  not  colled: 
it  from  them,  I  ftiould  fay  the  world  was  at 
the  eve  of  the  higheft  fcene  of  earthly  power 
and  grandeur  that  has  been  ever  yet  difplayed 
to  the  view  of  mankind.  The  cards  are  fliuf- 
fling  faft  through  all  Europe.  Who  will  win 
the  prize  is  with  pod.  This  however  I  know, 
fletur  digniori.  The  next  qniverfal  monarchy 
will  be  favourable  to  the  human  race,  for  it 
piuft  be  founded  on  the  principles  of  equity, 
moderation  and  juftice.  No  country  has  been 
more  dilhnguilhed  for  thefe  principles  than 
Great-Britain,  fince  the  revolution.  I  take  it, 
every  fut)jed:  has  a  right  to  give  his  fentiments 
to  the  public,  of  the  utility  or  inutility  of  any 
z6\.  whatfoever,  even  after  it  is  paiTed,  as  well 
as  while  it  is  pending.-^The  equity  and  juftice 
of  a  bill  may  be  queftioned,  with  perfed  fub- 
milBon  to  the  legillature.  Reafons  may  be 
given,  why  an  ad  ought  to  be  repealed,  and 
yet  obedience  muft  be  yielded  to  it  till  that 
repeal  takes  place.  If  the  reafons  that  can  be 
given  againft  an  ad,  are  fuch  as  plainly  dc- 
pionftrate  that  it  is  againft  natural  equity,  the 


B/i-n 


P 


Il 


l\ 


*:} 


(61) 

executive  courts  will  adjudge  fuch   a6ls  void. 
It  may  be  queftioned  by  fome,  though  I  make 
no  doubt  of  it»  whether  they  are  not  obliged 
by  their  oaths  to  adjudge  fuch  adls  void.     If 
there  is  nor  a  right  of  privax  judgment  to  be 
exercifed,  f  >  far  at  leaft  as  to  petition  for  a  re- 
peal, or  to  determine  the  expediency  of  rifk- 
ing  a  trial  at  law,  the  parliament  might  make 
itleU  arbitrary,  which  it  is  conceived   it  can- 
not  by   the  conftitution.— I  think  every  man 
has  a  right  to  examine  as  freely  into  the  origin, 
fpring   and  foundation    of   every  power  and 
xneafure  in  a  common weakh,  as  into  a  piece 
of  curious  machineiy,  or  a  remarkable  pheno- 
menon in  nature  j  and  that   it  ought  to  give 
no  more  offence  to  fay,    the  parliament  have 
erred,  or   ate  miftaken,  in  a  iiiaiter   of  faO, 
or  of  right,  than  to  fay  it  of  a  private  man,  if 
it   is  true  of  both.     If  the    aflertion   can   be 
proved  with  regard  to  either,  it  is  a  kindnefs 
done  them  to  (hew  them  the  truth.  With  re- 
gard to  the  public,  it  is  the  duty  of  every  good 
citizen  to  point  out  what  he  thinks  erroneous 
in  the  commonwealth. 

I  have  waited  years  in  hopes  to  fee  fome 
one  friend  of  the  colonies  pleading  in  public 
for  them.  I  have  waited  in  vain.  One  pri- 
vilege is  taken  away  after  another,  and  where 
we  (hall  be  landed,  God  knows,  and  I  truft 
will  prote<ft  and  provide  for  us  even  (hould  we 
be  driven  and  perfecuted  into  a  more  weftern 
wildernefs,  on  the  fcore  of  liberty,  civil  and 
religious,  as  many  of  our  anceftors  were,  to 
theie  oqce  inhofpitable  (hores  of  America.     I 

had 


(63) 

had  formed  great   expecSlations  from  a  gentle- 
man, who  publifhed  his  firft  Volume  in  quarto 
on  the  rights  of  the  colonies  two  years  fince  ; 
but,  as  he  forefaw,  the  ftate  of  his  health  and 
affairs   have   prevented    his    further   progrefs. 
The  misfortune  is,  gentlemen  in  America,  the 
beft    qualified   in   every    refped   to    ftate  the 
rights  of  the  colonifts,  have  rcafons  that  pre- 
.  vent  them  from  engaging  :  fome  of  them  have 
good  ones.     There  are  iliany  infinitely  bettor 
able  to  ferve  this  caufe  than  I  pretend  to  be  ; 
but  from  indolence,  from  timidity,  or  by  ne- 
neceffary  engagements,    they  are   prevented. 
There  has  been  a  moft  profound,  and  I  think 
-fhameful  filence^  till  it  feems  almoft  too  late 
to  afl*ert  our  indilputable  rights  as  men  and  as 
citizens.     What .  muft  pofterity  think  of  us. 
The  trade  of  the  whole  continent  taxed  by  par- 
liament, ftamps  and  other  internal   duties  and 
taxes  as  they  are  called,   talked  of,  and  not 
one  petition  to  the  King  and  Parliament  fur 
relief. 

I  cannot  but  obferve  here,  ibat  if  the  parlia- 
ment have  an  equitable  right  to*  tax  our  trade, 
it  is  indifputable  that  they  have  as  good  an  one 
to  tax  the  lands,  and  every  thing  elfe.  The 
taxing  trade  furnifties  one  reafon  why  the  other 
fhould  not  be  taxed,  or  elfe  the  burdens  of  the 
province  will  be  unequally  born,  upon  a  fup- 
pofition  that  a  tax  on  trade  is  not  a  tax  on  the 
whole.  But  take  it  either  way,  there  is  no 
foundation  for  the  diftindion  fome  make  in 
England  between  an  internal  and  external  tax 
on  the  colonies.  By  the  firft  is  meant  a  tax  on 

tradej 


^t'^ 


4 


S.     ' 


I 


T.T 


EM 


(64) 

trade,  by  tte  latter  a  tax  on  land,  and  the 
things  on  it.  A  tax  on  trade  is  either  a  tax  of 
every  man  in  the  province,  or  it  is  not.  If  it 
is  not  a  tax  on  the  whole,  it  is  unequal  and  un- 
juil,  that  a  heavy  burden  fhould  be  laid  on  the 
trade  of  the  colonies,  to  maintain  an  army  of 
foldiers,  cuftom-houfe  otiicers,  and  fleets  of 
guard-(hips  5  all  which,  the  incomes  of  both 
trade  and  lands  would  not  furniih  means  to 
fupport  fo  lately  as  the  lafb  war,  when  all  w£.s 
at  ftake,  and  the  colonies  were  reimburfed  in 
part  by  parliament.  How  can  it  be  fuppofed 
that  all  of  a  fuddcn  the  trade  of  the  colonies 
alone  can  bear  all  this  terrible  burden.  The 
late  acquifitions  in  America,  as  glorious  as 
they  have  been,  and  as  beneficial  as  they  are  to 
Great-Britain,  are  only  a  fecurity  to  thefe  co- 
lonies againft  the  ravages  of  the  French  and  In- 
dians. Our  trade  upon  the  whole  is  not,  I  be- 
lieve, benefited  by  them  one  groat.  All  the 
time  the,  French  Iflands  were  in  our  hands, 
the  fine  fugars,  &c.  were  all  fhipped  home. 
None  as  I  have  been  infortned  were  allowed 
to  be  brougjht  to  the  colonies.  They  were  too 
delicious  a  morjcl  for  a  North  American  palate. 
If  it  be  faid  that  a  tax  on  the  trade  of  the  colo- 
nies is  an  equal  and  juft  tax  on  the  whde  of 
•  the  inhabitants :  What  thcH  becomes  of  the 
notable  diftinaftion  between  external  and  inter- 
nal taxes  ?  Why  may  not  th»»  parliament  lay 
flamps,  land  taxes,  eftablifh  tythes  to  the 
;  church  of  England,  and  fo  indefinitely.  I 
know  of  no  bounds.  I  do  not  mention  the 
tythes  out  of  any  difrefpe(ft  to  the  church  of 

EnK- 


(  f>5  ) 

England,  which  I  cftecm  by  far  the  befl:  na- 
ii'ofjdi  church,  and  to  have  had  as  ornaments 
of  it  many  of  the  greatcft  and  beft  men  in  t!,e 
world.  But  to  thofe  colonies  who  in  general 
diifent  from  a  principle  of  confcicnce,  it  would 
fecm  a  little  hard  to  pay  towards  the  fupport 
of  a  worfliip,  whofe  modes  they  cannot  con- 
firm ♦^o. 

If  an  afmy  mnfl  be  kept  up  in  America,  at 
the  e5(pence  of  the  colonies,  it  would  not  feem 
quitd  fo  hard  if  after  the  parliament  had  de- 
termed  the  Aim  to  be  raifed,  and  apportioned 
it,  to  have  allowed  each  colony  to  aflefs  its 
quota,  iind  raife  it  as  eafily  to  themfelves  as 
iliight  be.  But  to  have  the  whole  levied  and 
collcdled  without  our  confent  is  extraordinary: 
It  is  allowed  even  to  tributaries,  and  thofe 
laid  under  military  contribution,  to  afTcfs  and 
colledl  the  fums  demanded.  The  cafe  of  the 
provinces  is  certainly  likely  to  be  the  hardcft 
that  can  be  inftanced  in  ftory.  Will  it  not 
equal  any  thing  but  down  right  military  exe- 
cution ?  Was  there  ever  a  tribute  impofed  e- 
Ven  on  the  conquered  ?  A  fleet,  an  army  of 
foldiers,  and  another  of  tax-gatherers  kept  up, 
and  not  a  fingle  office  either  for  fecuring  or 
colledling  the  duty  in  the  gift  of  the  tributary 
flate. 

I  am  aware  it  will  be  obje£ted,  that  the 
parliament  of  Englandy  and  of  Great-Britain, 
lince  the  union,  have  from  early  days  to  this 
time,  made  a6ts  to  bind  if  not  to  tax  Ireland  : 
I  anfwer,  Ireland  is  a  cofiquered  country.  I  do 
not,  however,  lay  ib  much  ftrcfs  on  this ;  for 

K       .  it 


.  .       .  .     ^  ^^  ^  -    ' 

it  is  my  opinion,  that  a  conquered  country  has^ 
upon  fubmifllon  and  good  behaviour,  the 
fluiiC  right  to  be  free,  under  a  conqueror,  as, 
the  reft  of  his  fubjedis.  But  the  old  notion 
of  the  right  of  conquefty  ha^  been,  in  moft  na- 
tions, the  caufe  of  many  feverities  and  heinous 
breaches  of  the  law  of  nature  :  If  any  fuch 
have  taken  place  with  regard  to  Ireiandy  they 
fliould  form  no  precedent  for  the  colonies. 
The  fubordination  and  dependency  oi  Ireland 
to  Great-Britain,  is  exprcfly  declared  by  act 
of  parliament,  in  the  reign  of  G.  I.  The 
fubordination  of  the  Colonics  to  Great-Britain, 
never  was  doubted,  by  a  lawyer,  if  at  all; 
unlefs  pcihaps  by  the  author  of  the  Admini' 
Jlration  oj  the  colonies :  He  indeed  ieems  to 
make  a  moot  point  of  it,  whether  the  colony 
legiflativc  power  is  as  independent  **  as  the 
legillative  Great-Britain  holds  by  its  conftitu- 
tion,  and  under  the  great  charter."— The 
people  hold  under  the  great  charter,  as  it  is 
vulgarly  exprefled  from  our  law-books :  But 
that  the  King  and  parlianient  fhould  be  faid 
to  huld  under  Mdgna  Charta,  is  as  new  to  me, 
as  u  is  to  qujftion  whether  the  colonies  are 
Jlibordinate  to  Great-Britain.  The  provincial 
Icgiflaiive  is  unqiieftionably  fubordinate  to  that 
ot  Great-Britain.  1  fhall  endeavour  more  fully 
to  explain  the  nature  of  that  fubordination, 
which  has  puzzled  fo  many  in  their  enquiries. 
It  is  often  very  diffijult  for  great  lovers  of 
power,  and  great  lovers  of  liberty,  neither  of 
whom  may  have  been  ulcd  to  the  fludy  of  law 
in  any  of  its  branches,  to  fee  the   difference 

be- 


(  67  ) 
between  fubordination,  abfulute  flavery  and 
fiibje^lion  on  one  fide,  and  liberty,  indepen- 
dence and  licencioulhefs  on  the  other.  We 
(houid  endeavour  to  find  the  middle  road, 
and  confine  ourfclves  to  it.  The  laws,  the 
proceedings  of  parliament,  and  the  decifions 
of  the  judges,  relating  to  Ireland^  will  reiiecS 
light  on  this  fubjc(5l,  rendered  intricate  only 
hy  art* 

**  Ireland  being  of  itfelf  a  difl:In(5l  dominion, 
and  no  part  at  the  kingdom  of  England  (as 
it  diredlly  appeareth  by   many  authorities  in 
Calvin's  caie)  was   to  have  Parliament's' 
holden  there  as  in  England."     4  Inft.  349,. 

Why  fiiould  not  the  colonies  have,  why 
are  they  not  enti[led  to  their  alieiiiblies,  or 
parliaments,  at  leaft,  as  well  as  a  conquered 
dominion  ? 

'*  Wales,  after  the  conqueft  of  it  "by  Ed- 
ward the  Firft,  was  annexed  to  England,  ;W^ 
proprietatisi  i  2  Ed,  I.  by  the  flatute  of  Rut- 
land only,  and  after,  more  really  by  27  H.  8. 
and  34,  but  at  firft  received  laws  from  Eng- 
land, as  Ireland  did  ;  but  writs  proceeded  not 
out  of  the  Englilh  chancery,  but  they  had  a 
chancery  of  their  own,  as  Ireland  huth  ;  v/as 
not  bound  by  the  laws  of  England,  unnamed 
till  27  H.  8.  no  more  than  Ireland  is. 

Ireland  in  nothing  differs  from  it,  but  ^wv- 
Ing  a  parliament  ^A^Z/V;  i?f^_g-/j  (i.e.  upon  the 
old  notion  of  conquefl)  fubji-d;  (truly  however) 
to  the  parliament  of  England.  None  doubts 
Ireland  as  much  conquered  as  it  3  and  as  much 

K  z  ftib-* 


t' 


ij«*:. 


11^ 


(68  ) 

/ubjeB  to  the  parliament  of  England^  if  it  pleafej^  ^ 

Vaughan.  300. 
A  very  ftrong  argument  arifes  from  this 
authority,  in  favour  of  the  uncongmred  phnr 
tations.  If  fince  Wales  was  annexed  to  Eng- 
land, they  have  had  a  reprefentation  in  parlia- 
ment,  as  they  have  to  this  day  ;  and  if  the 
parliament  of  England  does  not  tax  Ireland, 
can  it  be  rrght  they  {hould  tax  us,  who  have 
never  been  conquered^  but  came  from  England 
to  coionizCt  and  have  always  remained  goodj'ub^ 
jeBs  to  this  day  ? 

I  cannot  find  any  inftanceof  a  tax  laid  by 
the  Englifh  parliament  on  Ireland.  **  Some- 
times the  King  q\  England  called  his  Nobles 
of  Ireland,  to  come  to  his  parliament  of  Eng- 
land, &c.  and  by  fpecial  words,  the  parlia- 
n^ent  of  England  may  bind  the  lubjeds  of 
Ireland." — 3  lu/l.  350. — 

The  following   m-tkes   it  clear  to  me,  the 
parliament  of  Great-Britain  do  not  tax  Ireland, 
**  The  parliament  of  Ireland  having  been  pro- 
rogued to  the  month  of  Auguft  next,  before 
they  had  provided  for  the  maintenance  of  the  go^ 
*Dirnment  in  that  kingdom,  a  project  was  fet  on 
foot  here  to  fupply  that  defedl,  by  retrenching 
the  drawbacks   upon   goods  exported  thither 
from  England.      According   to  this  fcheme, 
the  2 2d,  the  houfe    in  a   grand   committee, 
confidered   the   prefent  laws  with  refpedl  to 
drawbacks  upon  tobaccoes,  muflms,  and  Eaft 
India  filks,  carried  to  Ireland  j  and   came  to 
two  refolutions,  which  were  reported  the  next 
day,  and,  with  an  amendment  to  one  of  them. 


agreed 


T 


{69) 

agreed  to  by  the  houfe,  as  follows,  viz.  1  .That 
three  pence  per  pound,  part  of  the  drawback 
on  tobacco  to  be  exported  from  Great-Britain 
for  Ireland,    be  taken  off, 

2,  That  the  faid  diminution  of  the  draw^ 
back  do  take  effect  upon  all  tobacco  exported 
for  Ireland,  after  the  24th  of  March  17 13, 
and  continue  until  the  additional  duty  of  three 
pence  haL^penny  per  pound  upon  tobacco  in 
Ireland,  expiring  on  the  faid  24th  of  March, 
be  regranted :  and  ordered  a  bill  to  be  brought 
in,  upon  the  faid  refolutions." 

Proceedings  of  Houfe  of  Com.  "Vol.  5.  72. 

This  was  conftitutionil  ;  there  is  an  infinite 
difference  between  taking  off  Britifh  draw- 
backs, and  impofir^g  Irifti  or  other  Provincial 
duties. 

**  Ireland  is  confidered  as  a  provincial  gOt- 
vernment,  fubordinate  to,  but  no  part  of  the 
Realm  of  England,"  Mich.  1 1.  G.  2.  in  cafe 
of  Otway  and  Ramfay— **  Ads  of  parlia- 
ments made  here  (i.  e.  in  England)  extend  not 
to  Ireland,  unlefs  particularly  named  j  much 
lefs  judgments  obtained  in  the  courts  here  5 
nor  is  it  pofTible  they  fhould,  becaufe  we  have 
110  ofhcers  to  carry  them  into  execution 
there."  ib. 

The  firft  part  feems  to  be  applicable  to  the 
plantations  in  general,  the  latter  is  not ;  for 
by  reafon  of  charter  rcfervations  and  particu- 
lar a6ls  of  parliament,  fome  judgments  in  Eng- 
land may  be  executed  here,  as  final  judg- 
ments, before  his  Majefly  in  council  on  a 
plantation  appeal,  and  lo  from  the  admiralty. 

If 


(  7°  ) 

It  feems  to  have  been  difputed  in  Ireland, 
£o  lately  as  the  6  Geo.  i .  Whether  any  ad:  of 
the  Britifli  parliament  bound  Ireland  ;  or  at 
lead  it  v/as  apprehended,  that  the  undoubted 
right  of  the  Britifli  parliament  to  bind  Ireland, 
was  in  danger  of  being  fhaken  :  this,  I  pre- 
fume,  occafioned  the  adl  of  .that  year,  which 
declares,  that  "  the  kingdom  of  Ireland  ought 
to  be  fubordinate  unto  and  dependent  upon  the 
Imperial  Crown  of  Great- Britain,  as  being  in~ 
Separably  united  thereto.  And  the  King's 
Majeily,  with  the  confent  of  the  lords  and 
jcominons  of  Great-Britain  in  parliament,  hath 
tpowcr  to  make  laws  to  bind  the  people  of  Ire- 
land."-^This  parliamentary  power  muft  have 
fome  bounds,  even  as  to  Ireland,  as  well  as 
the  colonieo,  who  are  admitted  to  be  fubordi- 
nate ab  initio  to  Great-Britain  i  not  as  con^ 
quered,  but  as  emigrant  fubjeds.  U  this  adl 
ihould  be  faid  to  be  a  declaration  not  only  of 
the  general,  but  of  the  univerfal  power  of  par- 
liament, and  that  they  may  '.ax  Ireland,  I  aik, 
Why  it  has  never  been  done  ?  If  it  had  been 
idone  a  thoufand  times,  it  would  be  a  contra- 
diction to  the  principles  of  a  free  government  j 
and  what  is  worfe,  deftroy  all  fubordination 
confident  with  freedom^  and  reduce  the  peo- 
ple to  Jlavery, 

To  fay  the  parliament  is  abfolute  and  arbi- 
trary, is  a  contradidion.  The  parliament  can- 
not make  z  and  2,  5  :  Omripotency  cannot 
do  it.  The  fupreme  power  in  a  Hate,  is  jus 
dicere  only: — jus  dare,  ftridlly  fpeaking,  be- 
longs alone  to  God,     Parliaments  are  in  all 

calos 


d, 
of 
at 

ed 
.d, 

re- 


he 
n- 


(  7'  ) 

cafes  to  declare  what  is  for  the  go(5d  of  the 
whole  ;  hut  it  is  not  the  declaration  of  parlia-* 
ment  that  makes  it  fo ;  There  muft  be  in 
every  inftance,  a  higher  authority,  -y/c.  GOD. 
Should  an  a6l  of  parliament  be  againft  any  of" 
Lis  natural  laws,  which  are  immutably  true, 
their  declaration  would  be  contrary  to  eternaL 
truth,  equity  and  jufticc,  and  confequently- 
void  :  and  fo  it  would  be  adjudged  by  the  par-* 
Hament  itfelf,  when  convinced  of  their  mif^ 
take.  Upon  this  great  principle,  parliaments 
repeal  fuch  ac5l,  as  foon  as  they  find  they  have 
been  miflaken,  in  having  declared  them  (o  be 
for  the  public  good,  when  in  fadt  they  were 
rtot  fo.  When  fuch  miftake  is  evident  and 
palpable,  as  in  the  tnftances  In  the  appendix, 
the  judges  of  the  executive  courts  have  declared 
the  adl:  "  of  a  whole  parliament  void."  See 
here  the  grandeur  of  the  Britifh  conftitution  ! 
See  the  wifdom  of  our  anceftors!  The  fupreme 
legijlative,  and  the  fupreme  executive,  are  a- 
perpetual  check  and  balance  to  each  other. 
If  the  fupreme  executive  errs,  it  is  informed  by 
the  fupreme  legiflative  in  parliament :  if  the 
fupreme  legiflative  errs,  it  is  informed  by  the 
fupreme  executive  in  the  King's  courts  of  law. 
Here,  the  King  appears,  as  reprefented  by  his 
judges,  in  the  highefk  luftre  and  majefty,  as 
fupreme  executor  of  the  commonwealth  i  and 
he  never  fhines  brighter,  but  on  his  throne,  at 
the  head  of  the  fupreme  legiflative.  This  is 
government !  This,  is  a  conflitution  !  to  pre- 
lerve  which,  cither  from  foreign  or  domcflic 
foes,  has  coil  oceans  of  blood  and  treafure  in 

every 


j*tL' 


I  ■ 


( 72  > 

every  age  5  and  the  blood  and-  the  treafiire  have 
upon  the  whole  been  well  fpent.  Britifh  A- 
merica,  hath  been  bleeding  in  this  caufe  from 
its  fettlem6nt :  we  have  fpent  all  we  could 
raife,  and  more  ;  for  notwithftanding  the  par- 
liamentary reimburfements  of  part,  we  ftill 
remain  much  in  debt.  The  province  of  the 
MaJfachufettSt  I  believe,  has  expended  m(>»re 
men  and  money  in  war  fince  the  year  1620, 
when  a  few  families  firft  landed  at  Plymouth, 
in  proportion  to  their  ability,  than  the  three 
Kingdoms  together.  The  fame,  I  believe, 
may  be  truly  affirmed,  of  many  of  the  other 
colonies  j  though  the  Majfacbufetts  has  un- 
doubtedly had  the  heavieft  burthen.  This 
may  be  thought  incredible  :  but  materials  are 
collecting  ;  and  though  fome  are  loft,  enough 
may  remain,  to  Jemonftrate  it  to  the  world, 
I  have  reafon  to  hope  at  leo.ll:,  that  the  public 
will  foon  fee  fuch  proofs  exhibited,  as  will 
ihew,  that  I  do  not  (peak  quite  at  random. 

Why  then  is  it  thought  fo  heirjoiis  by  the 
author  of  the  adminiftration  of  the  colonics^ 
and  others,  that  the  colonifts  fhould  afpire  af- 
ter *•  a  one  whole  legillative  power"  not  in- 
dependent of,  but  fubordinate  to  the  laws  and 
parliament  of  Great-Britain  ? — It  is  a  miftake 
in  this  author,  ti  bring  fo  heavy  a  charge  as 
high  treajon  agpinft  fome  of  the  colonifts, 
which  he  doe*:  m  effedl  in  this  place*,  by  re- 
prefenting  them  as  **  claiming  in  fadl  or  in- 
deed, ♦^he  fame  full  free  independent  unre- 
ftrained  power  and  legiflativc  will;  in  their  fe- 

veral 

*  Page  39  of  the  adminiftratiorj. 


V 

g 


■  '"ifiiH!Kiv>'*uuu.'.'«if,«».«n>(iwimii!aMnj«.;.«9 


(  73  ) 

Veral  corporations,  and  under  the  King's  coni- 
itifiricn,  and   their  refpedive  charters,  as  the 
government  and  legiflatiire    of  Great-Britain 
holds  by  its  conflitution    and   under  the  great 
charter."     No   fuch   claim  was  ever  thoiisht 
of  by  any  of  the  colonifts.     They  are  all  better 
men   and    better  fubjedls  ;  and  many  of  them 
too  well  verfed  in  the  laws  of  nature  and   na- 
tions, and  the  law  and  conftitution  of  Great- 
Britain,  to  think  they  have  a  right  to  more 
than  a  provincial  fubordinate  Igijlarive.     All 
power  is  of  GOD.     Next  and  only  fubordi- 
nate  to  him  in   the  prcfenc  flare  of  the  well- 
formed,    beautifully  conftrudied   Briti{h    mo- 
narchy, ftanding  where  I   hope  it  ever   will 
iland,  for  the  pillars  are   fixed  in  judgment, 
righteoufncfs  and  truth,  is  die  King  and  Par- 
liament.    Under  thefe,  it  feems  eafy  to  con- 
ceive fubordinate  powers  in  gradation,  till  we 
defcend  to  the  legiflative  of  a  town  council,  or 
even  a  private  focial  club.     Thefe  have  ea:h 
*'  a  one  whole  legiflative"  fubordinate,  which, 
when  it  does  not  counteract  the  laws  of  any 
of  its    fuperiors,    is   to  be   indulged.     Even 
when  the  laws  of  lubordii.  ition  are  t ran fgrt fl- 
ed, the  fuperior  does  not  deflroy  the  fubordi- 
nate, but  will  negative  its  a6ls,  as  it  may  in 
all  cafes  when  difapproved.     This  righ*  of  ne- 
gative is  effential,  and   may  be  inforced  :  but 
in  no  cafe  are  ihe  eflential  rights  of  the  lubjects, 
inhabiting   the   fubordinate  dominions,   to  be 
deftroycd.     This  would   put  it  in  the  power 
ot  ibe  luperior  to  reduce  rhc  inK"r:o;  to  a  fiate 
offlavcry;  which  cannot  be  rii;hdally  done, 

L  even 


mi. 


•t 


J^ 


(  74  ) 


iM 


even 


./ 


an 


d  rek-/s.   Aft( 


enemies 

fatisfadion  and  fccurity  is  obtatned  of  the  for- 
mer, and  examples  are  made  of  fo  many  of 
the  latter,  as  the  ends  of  government  require, 
the  reft  are  to  be  reftored  to  all  the  efl'ential 
rights  of  m<rn  and  citizens.     This  is  the  great 
l;iw  of  nature  ;  and  agreeable  to  this  law,  is 
the  conftant  pradtice  ot  all  good  and  mild  go- 
vernmtnts.    This  lenity  and  huirvanity  has  no 
where  been  carried  farther  than  in  Great-  Bri- 
tain.    The  Coloni>-S  have  been  fo  remarkable 
for  loyalty,  that  there  never  has  been  any  in- 
flan<  V  ot  rebellion  or  treafon  in  t-bem.     This 
Iryalty  is,  in  very  handlbme  terms,  acknow- 
leL{Li;<,d  by  tl;e  author  of  the  adimnijlratmi  of 
the  colonies.     **  It  has  been   often   fuggefted, 
thac  care  fliould  be  taken  in  the  adminiftration 
of  the  plantations,  left,  in  feme  future  time, 
thcfe  colonies  lliould  become   independent  of 
the  mother  country.'*     But  perhaps  it  may  be 
proper  on  this  cceafton,  nay,  it  is  juftice  to 
lay  it,  that  if,  by    becoming  independent,    i'S 
rJK-ant  a  revolt,  noihing  is  farthei?  from  their 
nature,  their  interefts,  their   thoughts.     If  a 
d^tedion  from  the  aUinnee  of  tiie  mother  coun- 
try be  luggefted,  it  ought  to  be,  and  can  be 
tru  y  faid,  that  their  fpirit  abhors  the  fenfe  of 
fuch  J  their  attachment  to  the  proteftant  fuc- 
ceftion  in  the  houfc  of  Hanover,  will  ever  ftand 
iinlhaken ;  and   nothing   can   eradicate    from 
their  hearts,  their  natural  and  almoft  mecha- 
nical afFcdlion  to   Great-Britain,  which  they 
conceive  under  no  other  lenfe,  nor  call  it  by 
any  other  name  than  that  of  home.     Any  fuch 

fng- 


(75) 

fii!j;gcfllon,  therefore,  is  a  falfe  and  unjufl:  af- 
perfion  on  their  principles  and  affections ;   xnd 
can  arife  from  nofhing  bur  an  intire  ignorance 
•of  their  circiimftances*."  After  ail  thi^  loyalty, 
it  is  a  little  liard  to  be  charged  wiih  c  aiming, 
and   reprefenred    as    alpiring  after,    indepen- 
dency.   The  inconfillcncy  of  this  1 1  ave.   We 
have  faid  that  the  loyalty  of  the  colonies  has 
never  been  fufpedled  ;  this  miift  be  reftridted 
to  a  juft   fufpicion.     For  it  feems  there  have 
long  been  gronndlefs  fufpicions  of  us    in   the 
minds  of  individuals.    y\nd  there  have  always 
been  thofe  who  have  endeavoured  to  magnify 
thcfe  chimerical  fears.     I  find  Mr.  Dummer 
complaing  of  this  many  years  fmje.     ^*  1  here 
is,  fays  he,  one  thing  more  I  have  heard  ofien 
urged  againft  the  charter  colonies,  and  indeed 
it  is  what  one  meets  with  from  people  of  ali 
conditions   and   qualities  ;  though,  with   due 
refpedl  to  their  better  judgments;,  I  can    fee 
neither  reafon  nor  colour  for  it.    It  is  faid  that 
their   increafmg   numbers  and  wealth,  joined 
to  their  great  diflance  from  Britain,   will  give 
them  an  opportunity,  in  the  courfe  of  fomc 
years,  to  throw  oft   their  dependence   on  the 
nation,  and  declare  themfelves  a  free  ftate,   if 
qot  curbed   in  time,  by  being  made  entirely 
Jubjecl  to  the  crown'fJ* 

•  This  jealoufy  has  been  fo  long  talked  of, 
that  many  feem  to  believe  it  well  grounded. 
Not  that  there  is  any  danger  of  "  a  revolt", 
even  in  the  opinion  of  the  author  of  the  admi- 
nijiratmii  butthatthc  colonitls  will  by  fraud  or 

L  a  forc€ 

*■'  Adn>inillration,  p.  25,  z6.         ■'•  D^f.-ncc,  6q. 


«' 


1  '■ 


) 

;   f 


'ii: 


(  76  ) 
force,  avail  tliemfclves,  in  **  fa(5t  or  in  dleed"^ 
of  an  independent  Icgiflauirc.  This,  I  think, 
v/onid  be  a  rcvoltiig  with  a  vengeance.  What 
h'ghvi  revolt  can  there  be,  than  for  a  province 
to  p.flurri'^  the  rigb.J  of  an  independent  Icgifla- 
tivt,  or  {fate  ?  |  iiiiiil:  therefore  think  this  a 
greater  afperfion  on  the  Colonifts,  than  to 
charge  them  with  a  defign  to  revolt,  in  the 
fenie  in  which  the  Gentleman  allows  they  have 
been  abided:  It  is  a  more  arttul  and  dangerou3 
way  of  attacking  our  liberties,  than  to  charge 
us  with  being  in  open  rebellion.  That  conic| 
be  CO  futed  ii.flant  y:  but  this  feeming  ineliredt 
"Way  of  charging  the  colonies,  with  a  defire  of 
throwing  otf  their  deper  'cncy,  requires  more 
pauis  to  confute  it  than  .  le  other,  therefore  it 
has  been  rtcuncd  to.  The  truth  is.  Gentle- 
men have  had  departments  in  America,  the 
fujiclions  of  whi  h  they  have  not  been  fortu- 
ne le  in  cxecu.in^.  The  people  have  by  thefe 
mean"^  been  rendered  uneaiy,  at  bad  Provincial 
IVJealures.  They  have  betn  reprefcnted  as 
fadious,  fediiious,  and  inclined  to  democracy, 
whenever  they  have  rcfufed  paflive  obedience 
to  provincial  mandates,  as  arbitrary  as  thofe  of 
a  Turkifli  B  "fhaw  :  i  fay.  Provincial  man- 
dates ;  fur  to  the  King  and  Parlianient  they 
have  been  ever  lubmiflive  and  obedient. 

Thefe  reprefe.jtations  of  us,  many  of  the 
good  people  of  England  fwallow  with  as  niuch 
cafe,  as  they  would  ?*  bottle-bubble,  or  any 
other  llory  of  a  cock  and  a  bull ;  and  the  worfl 
of  it  is,  among  fome  of  the  mofl  credulous, 
have  been  found  Stars  and  Garters.  However, 

tbey 


{77) 

tliey  mav  all  red  afiured,  the  Colonjfts,  wha 
do  not  pretend  to  undcrltand  themfelves  (b 
we'll  as  the  people  ot  England  ;  though  the 
author  of  the  Adininiftri'.ion  makes  them  the 
fine  compliment,  to  ii^^'t  they  **  know  their 
bufinefs  much  better,"  yet,  will  never  think 
of  independency.  Were  they  inclined  to  ir, 
they  know  the  blood  and  the  trcafure  it  would 
coft,  if  ever  effeded  j  and  when  done,  it 
would  be  a  thoufand  to  one  if  their  liberties 
did  not  fall  a  facrifice  to  the  vidlor* 

We  all  think  ourfelves  happy  under  Great- 
Britain.  We  love,  cfteern  and  reverence  our 
mother  country,  and  adore  our  King.  And 
co.uld  the  choice  of  independency  be  offered 
the  colonies,  or  fubjedtion  to  Great-Britaia 
upon  any  terms  above  abfolute  flavery,  I  am 
convinced  they  would  accept  the  latter.  The 
mifnllry,  in  all  future  generations,  may  rely 
on  it,  that  Britifli  America  will  never  prove 
undutiful,  tdl  driven  to  it,  as  the  laft  fatal  re-? 
fort  agai aft  mini fterial  oppreiTion,  which  will 
make  the  wifefl  mad,  and  the  weakeft  ftrong. 

Thefe  colonies  are  and  always  have  been« 
"  entirely  fubjecSl  to  the  crown,"  in  the  legal 
fenfe  of  the  terms.  But  if  any  politician  of 
**  ^tampering  adlivitv,  of  wrong-headed  ex- 
perience, miflcd  to  be  meddling,"  means,  by 
f*  curbing  the  colonies  in  time,"  and  by  '*  be<f 
ing  made  entirely  fubjedt  to  the  crown  j"  that 
this  fubjedlion  {hould  be  abfolute,  and  confined 
to  the  crown,  he  had  better  have  fupprcffed 
his  wiflies.     This  never  will  nor  can  be  done, 

.  i  .  wjth- 


it;'':  ■  ■  i 


*f  Ad^pa^niflration  3J. 


C  78  ) 

without  making   the  colonics  vafliils  of  the 
crown.     Subjfdts   they  are;  ti.eir  lunds  they 
hold  f)f  the  ciown,  by  common  foccagc,  the 
freed:  f  udal   tenure,  by  which  any  holil  their 
lands  in  England,  or  any  wht^re  clfe.    Would 
this  gentlcniim  carry  us  back   to  the  ftate  of 
the  Goths  and  Vand,  Is,  and  revive  all  ihe  mi- 
litary tenures   and   bondage   which  our  fore- 
fathers could  not   bear  ?     It   may  be  worth 
noting  here,  that  tew,  if  any  inrtances  can  be 
given,  where  colonies  have   been  difpoled  to 
ibrfake  or  difobey  a  tender  mother :  But  hif- 
tory  is  full  of  examples,  that  armies  Rationed 
as  guards  over  provinces,  have  leized  the  prey 
for  their  general,  and. given  him  a  crown  at 
the  expence  of  his  mailer.     Are  all  ambitious 
generals  dead  ?     Will  no  more  rife  up   here- 
after ?  The  danger  of  a  ftanding  army  in  re- 
mote provinces  is  much  greater  to  the  metro- 
polis, than  at  home.     Rome  found  the  truth 
of  this  afTertion,  in  her  Sylla's,  her  Pompey's 
and  Caefars  ;  but  fhe  found  it  too  late  :  Eigh- 
teen hundred  years  have  rolled  away  lince  lier 
turn,     A  continuation  of  the   fame  liberties 
that  have  been  enjoyed  by  the  colonics  fince 
the  revolution,  and  the  fame   moderati(;n   of 
government  exercifed  towards  them,  will  bind 
them  in  perpetual  lawful  andwilhng  fubjedion, 
obedience  and  love  to  Great-Britain  :    She  and 
her  colonies   will  both  profper   and  fluurifh  : 
The  monarchy  will  remain   in  found  heahh 
and  full  vigour  at  that  blefled   period,  when 
the   proud  arbitrary  tyrants   of  the  continent 
ihall  either  ijpit^  in  the  deliverance  of  the  hu- 

n^aa 


* 


(79) 

man  race,  or  refign  their  crowns.  Refcaed, 
human  nature  muft  and  will  be,  from  the  ge-"- 
reral  flavery  that  has  fo  long  trinmphed  over 
the  fpecics.  Great- Britain  ha»  done  much  to- 
wards it :  What  a  glory  will  it  be  for  her  to 
complete  the  work  throughout  the  world  ! 

The  author  of  the  Adminiftration  (page  ^/f,) 
**  defcribes"  the  defeds  of  *•  provincial  courts,** 
by  a  **very  defcription,"  the  firft  trait  of  which 
is,  **  The  ignorance  of  the  judges.'*     Whe- 
ther the  defcription,  or  the  defcription  of  the 
defcription^  are  verify  trne^  cither  as   applied 
by  Lord  Hale,  or  the  adminiftrator,  is  left  to 
the  reader.     I  only  afk,  who  makes  the  judges 
in    the   provinces  ?  I  know  of  but  two  colo- 
nic'-,    viz,    ConnecSlicut    and    Rhode-Illand, 
where  they  are  cholen  by  the  people.     In  all 
other  colonies,  they  are  immediately  appoint- 
ed by  the  crown,  or  by  his  Majefty's   gover- 
nor, with  the  advice  of  what  the  Adminiftra- 
tor calls,  the  *'  governor's  council  of  ftate.'* 
And  if  they  are  in  general  fuch  ignorant  crea- 
tures, as  the  Adminiftrator  defcribes:  them,  it 
is  the  misfortune,  not  the  fault,  of  the  people^ 
in  the  colonies.     However,  I  believe,  juftice 
in  general,  is  as  well  adminiftered  in  the  colo- 
nies, as  it  will  be  when  every    thing  is  de- 
volved upon  a  court  of  admiralty,  general  or 
provincial.     The  following  is  very  remarka- 
ble :    **  In   thufe  popular  governments,    and 
where  every  executive  officer   is  under  a  de- 
pendence  for  a   temporary,  wretched,  and  I 
had  almoft  faid  arbitrary  fupport,  on  the  de- 
puties of  the  people'''."  Why 

*  Adminii.  i;6. 


! 


I 


I 


(80) 

Why  is  the  temporary  ii.pport  found  fault 
with  ?  Would  it  be  wife  to  give  a  governor 
a  falary  for  a  longer  time  than  his  pohtical 
life  ?  As  this  is  quite  as  uncertain  as  his  na- 
tural life,  it  has  been  granted  annually.  So 
t/cry  gov'crnor  has  the  chance  of  one  year's 
falary  after  he  is  dead.  All  the  King's  of- 
ficers are  not  even  in  the  charter  provinces 
*«  dependent  on  the  people"  for  fupport.  The 
judges  of  the  admiralty,  thofe  mirrorr- of  jnl^ 
tice,  to  be  truilcd,  when  none  of  the  com- 
mon law  courts  are,  have  all  their  commif- 
(ions  from  home.  Thefe,  belidcs  other  fees, 
have  fo  much  per  cent,  on  all  they  cofidemn, 
be  it  right  or  wrong;  and  this  by  a5t  of  parlm- 
ment.  Yet  fo  great  is  their  integrity,  that  it" 
never  was  fufpeJted  that  ^o  per  cent,  if  allow- 
ed, would  have  any  influence  on  thrir  decrees* 

Cuflom-houfe  officers  univerfally,  and  Na- 
val'OfTicers,  in  all  but  two  or  three  of  the  co- 
lonics, ;ire,  1  believe  appointed  dirrdtly  from 
home,  or  by  inflrudl.on  to  the  Governor : 
and  take  jufl  what  they  pie;  fe,  tor  any  re- 
ilraint  they  are  under  by  the  provincial  acts. 
But  on  whom  Oiould  a  Governor  depend  for 
his  honourable  fupport,  but  the  people  ?  Is 
not  the  King  fed  from  the  field,  and  from  the 
labour  of  his  people  ?  Docs  not  his  M  j:ll:y 
himfelf  receive  his  aids  from  the  free  grant  of 
his  parliament  ?  Do  not  all  thefe  originate  in 
the  houfe  of  commons  ?  Did  the  hou(c  of 
Lords  ever  originate  a  grant  ?  Do  not  our  law 
bonks  inform  us  that  the  Lords  only  aflent  or 
dilTcnt,  but  never  fo  much  as  pro])ofc  an   a- 

niendment 


(  8i  ) 

ttiendment.  on  a  money  bill  ?  The  King  can 
take  no  more  than  the  parliament  will  give 
him,  and  yet  fome  of  his  Governors  have 
thought  it  an  infufferable  hardship,  that  they 
could  not  take  what  they  pleafed.  To  take 
leave  of  the  Adminiftrator,  theic  are  in  his 
book  fome  good  hints,  but  a  multiplicity  of 
miftakes  in  fad:,  and  errors  in  matters  of  r»ght^ 
which  I  have  not  time  to  mention  particularly* 
Ireland  is  a  conquered  kingdom  j  and  yet 
have  thought  they  received  very  hard  meakue 
hi  fome  of  the  prohibitions  and  reftridtions  of 
iheir  trade.  But  were  the  colonies  ever  con- 
quered ?  Have  they  not  been  fubjedt  and  obe- 
dient, and  loyal  from  their  fettlement  ?  Were 
not  the  fettlements  made  under  the  Britifli 
Jaws  and  conftitntion  ?  But  if  the  colonies 
were  all  to  be  conlidcred  as  conquer'^d,  ihey 
are  entitled  to  the  ellential  rights  of  men  vnd 
citizens.  And  therefore  ad  nutting  the  right 
of  prohibition,  in  its  utmoft  extent  and  lati- 
tude J  a  right  of  taxation  can  never  he  inferred 
from  that.  It  may  be  for  the  good  of  the 
whole,  that  a  certain  commodity  iIiouIq  be 
prohibited  :  bat  this  power  fhould  be  ex^r- 
cifed,  with  great  moderation  and  impartiality, 
over  dominions,  which  arc  not  reprefintedi  ia 
the  national  parliament.  I  had  however  ra- 
ther fee  this  carried  with  a  high  hand,  to  the 
utmoft  rigour,  than  have  a  tax  of  one  (billing 
taken  from  me  without  my  confent.  A  peo* 
pie  may  be  very  happy,  free  and  e?fy  arr.ong 
themfclves,  without  a  particular  branch  of 
foreign  trade:  I  amfure  thele colonics  have  the 

M  natural 


S'  I 


« I 


(   82  ) 

natural  means  of  every  mannfadure  in  Ei  ipe, 
and  lomc  that  are  out  of  their  power  to  ujake 
or  produce.  It  will  fcarcely  be  believed  a 
hundred  years  hen.  e,  that  the  American  ma- 
nufadlures  could  have  been  broiight  to  fuch 
perfe5titjn,  a«?  they  will  then  probably  be  in,  it  the 
prefent  meafures  are  pufhed.  One  (ingle  ad^ 
of  parliament,  we  find  has  fet  people  a  think- 
ing, in  fix  months,  more  than  they  had  done 
in  their  whole  lives  before.  It  (bould  be  re- 
membered, that  the  moft  famous  and  flourifli- 
ing  manufadures,  of  wool,  in  France,  were 
begun  by  Lewis  XIV.  not  an  hundred  year© 
ago  J  and  they  now  bid  fair  to  rival  the  Eng-- 
////',  in  every  port  abroad.  All  the  manufac- 
tures that  Great-Britain  could  make,  would  be 
c^M  Turned  in  America,  and  in  her  own  plan- 
tat  Ioif,  if  put  on  a  right  tooting  ;  for  which  a 
greater  rrofii.  in  return  would  be  made,  than 
0  e  will  tver  fee  again  for  woollen  feat  to  any 
p-irt  of  Furr^pe. 

But  though  it  be  allowed,  that  liberty  may 
bf  t  ni(.)yrd  in  a  comfortable  meafure,  where 
prohibition  are  laid  on  the  trade  of  a  kingdonfi 
or  porince  ;  ^<^\.\^  taxes  are  laid  on  either, 
wifhotit  coiilcnt,  the  y  cannot  be  faid  to  be  free. 
This  barrier  of  liheity  being  once  broken 
down,  all  i<;  loft.  If  a  (hilling  in  the  pound 
may  be  taken  from  me  againll  my  will,  why 
may  not  twenty  (hillings  ?  and  if  ib,  why  not 
my  bbcrty  or  my  life  ?  Merchants  were  al- 
ways particularly  favoured  by  the  common 
taw — *'  All  merchants,  e>;Lcpt  enemies,  may 
fakly  come  into  England,    with   their  goods 

and 


f:' 


ike 


( 83 ) 

-and  merchandize" —  2  Inft.  2"S.^^And  why 
not  as  well  to  the  plantations  ?  Are  they  not 
entitled  to  all  the  Bntilh  privileges  ?  No,  they 
muft  be  con-fined  in  their  imports  and  exports, 
to  the  good  of  the  meiropolis.  Very  well,  wc 
have  fubmitted  to  this.  The  ad:  of  naviga- 
tion, is  a  good  a(ft,  fo  are  all  that  exclude  fore^ 
ign  manufidlures  from  the  plantations,  and 
every  honeft  man  will  readily  lubfcribe  to 
them.  Moreover,  **  Merchant  llrangers,  are 
alfo  to  come  into  the  realm  and  depart  at  plea- 
fure ;  and  they  are  to  be  friendly  entertained." 
2  Ri.  C.  I.  But  to  promote  the  manufidlurcs 
of  England,  it  is  thought  beft  to  fliut  up  tlie 
colonies  in  a  manner  from  all  the  world.  Right 
as  to  Europe  :  but  for  God's  fake,  muft  we 
have  no  trade  with  other  colonies  ?  In  fome 
cafes  the  trade  between  Britijh  colony  and  co- 
lony is  prohibited,  as  in  wool,  &c.  Granting 
all  this  to  be  right,  is  it  not  enough  ?  No, 
duties  and  taxes  muft  be  paid  without  any  coji^ 
fent  or  reprejentatlm  in  parliament.  The 
common  law,  that  ineftimab'e  privilege  of  a 
jury,  is  alfo  taken  away  in  all  trials  in  the  co- 
lonies, relating  to  the  revenue,  if  the  inform- 
ers have  a  mind  to  go  to  the  admiralty  ;  as 
they  have  ever  done,  and  ever  will  do,  for 
very  obvious  rcafons.  **  It  has  ever  been 
boafted,  fays  Mr.  Dummer  in  his  defence  of 
the  charters,  as  the  peculiar  privilege  of  an 
Englishman,  and  the  fecurity  cf  his  property, 
to  be  tried  by  his  country,  and  the  law;-  of  the 
land  :  whereas  this  admiralty  method  deprives 
him  of  both,  as  it  puts  his  cftate   in  the  dif- 

M  Z  i^oial 


•jrKV" 


I 
<  ■ 


(84) 

pofal  of  a  fingle  perfon,  and  makes  the  civil 
law  ihe  rjle  of  judgment ;  which  though  it 
rnay  not  properly  be  called  foreign,  being  the 
law  of  nation.%  yet  it  is  what  he  has  not  con- 
fented  ro  himfelf,    nor  his  reprefentative  for 
him.  A  jurifdldion  therefore  fo  founded,  ought 
not  to  e'\tend  beyond  what  neceffity  requires.** 
-— **  If  fome  bounds  are  not  fet  to  the  jurifdlc^ 
tion  of  the  admiralty,  beyond  which  it  (hall 
not  pafs,  it  may  in  time,  like  the  element  to 
which  it  ought  to  be  confined,  grow  outrage- 
ous, and  overflow  the  banks  of  all   the  other 
courts  of  juftice.'*     I  believe  it  has  never  been 
doubted  by  one  found,   common    lawyer    of 
England,  whether   a  court  of  admiralty  ever 
anfwered  many  good  ends  j  **  the  court  of 
King's  bench  has  a  power  to  reftrain  the  court 
of  admiralty  in  England ;  and  the  reafons  for 
fuch  reftn>ining  power  are  as  ftrong  in  Newr 
J)nghnd  as  in  Great-Britain,"  and  in  fome  reA 
pedis  rnoie  fo  :  yet  Mr.  Dummer  mentions,  a 
clamour  that  was  raifed  at  home  by  a  judge  of 
the  admiralty  for  Ncw-Fngland,  who   com- 
plained **  that  the  common   law  courts   by 
granting  prohibitions,  weaken,  and  in  a  man- 
ner fupprefs  the  authority  of  this  court,  and  all 
the   good  ends  for  which  it  was  conftituted.' 
Thus  we  fee,  that  the  court  of  admiralty  long 
ago  difcovered,    no   very   friendly   difpofition 
towards  the  common  law  courts  here  j  and  the 
records  of  the  houfe  of  Reprefentatives  afford 
us  a  notable  inftance  of  one,  who  was  expelled 
fhe  houfe,  of  which  he  had  been  an  unworthy 


(  8s  ) 

jmerr-Lve,  ,  for  the  abufive  mifreprefentatlons  of 
the  province,  by  him  fecretly  made. 

Trade  :ind  traffic,  fays  lord  Coke,  "  is  the 
iivtlihood  of  a  merchant,  the  life  of  the  com^ 
nionwealth,  wherein  the  King  and  <?very  fub- 
jed  hath  intereft  ;  for  the  merchant  is  the 
good  Bailiff  of  the  realm,  to  export  and  vent 
the  native  commodities  of  the  realm,  and  to 
import  and  bring  in,  the  neceflary  commodi- 
ties for  the  defence  and  benefit  of  the  Realm 
. — 2  Inft.  28.  reading  on  Magn^  Charta,  C, 
1 5—  And  are  not  the  merchants  of  Britifh  A- 
jneria  entided  to  a  livelihood  alfi  ?  Are  they 
not  Britifh  fubjeds  ?  Are  not  an  infinity  of 
commodities  carried  from  hence  for  t^e  benefit 
of  the  realm^  for  which  in  return  come  an  in- 
finity of  trifles,  which  wc  could  do  without  ? 
Manufactures  we  muft  go  into  if  our  trade  is 
cut  off;  our  country  is  too  cold  to  go  naked 
in,  and  we  (hall  foon  be  unable  to  make  re- 
turns to  England  even  for  neceflaries. 

"  When  any  law  or  cuftom  of  parliament 
is  broken,  anvi  the  crown  poiTefTed  of  a  pre- 
cedent, how  difficult  a  thing  is  it  to  reftore  the 
fubjed  again  to  his  former  freedom  and  fafe- 
ty  ?"  2  I  ift.  OH  the  confirmation  of  the  great 
chart, 'r  —  which  provides  in  thefe  words  t 
'*  And  for  fo  much  as  divers  people  of  our 
rcalm^  are  in  fear,  that  the  aids  and  tafks 
which  they  have  given  to  \is  before  time,  to- 
wards our  wars,  and  other  bufinefs  of  their 
own  grant  and  good  will  (howfoever  they  were 
made;  might  turn  to  a  bondage  to  them  and 
|Iieir  heirs,  becaufe  they  might  be  at  another 

time 


I- 


(  86  ) 

time  found  in  the  rolls,  and  likewife  for  the 
prices  taken  throughout  the  realm  by  uur  mi- 
niilcrs  ;  we  have  granted  for  us  and  our  heirs, 
that  we  fhall  not  draw  fuch  aids,  tafks  nor 
prices  mto  a  cujiom,  for  any  thing  that  hath 
been  done  heretofore,  be  it  by  roll,  or  any 
other  precedent  that  may  be  fuunden." 

By  the  iirfl:  chipter  of  this  ad,  the  great 
charter  is  declared  to  be  the  common  law.  I 
would  alk,  whether  we  have  not  reafon  to 
fear,  that  the  great  aids,  freely  given  by  thefe 
provinces  in  the  late  war,  will  in  like  manner 
turn  to  our  bomlige^  if  th;.y  are  to  be  kept  on 
and  inc-  eafcd  iurmg  xpeace,  for  the  maintain- 
ing of  a  jianding  army  here  ?-— If  it  is  faid  thofe 
aids  were  g'lven  fur  our  own  immediate  defence, 
and  that  Englana  foent  millions  in  the  firrie 
caufe,  I  anlwer.  The  names  of  his  prei-^  nt 
Majefty,  and  his  royal  Grandfather,  will  be 
ever  dear  to  every  hjyal  Britifli  American,  for 
the  protedlion  they  ifiForded  us,  and  the  fa jya- 
tion,  under  God,  effected  by  their  arms;  but 
with  regard  to  our  fellow- fubjedts  of 'Britain, 
we  never  were  a  whit  behind  hand  with  them. 
The  New-England  Colonies  in  particular, 
were  not  only  fettled  without  the  lead  ex- 
pence  to  the  mother  councry,  but  they  have 
all  along  defended  themleives  againft  the  frer 
(jaent  incuriionsof  the  moft  inhuman  Savages, 
perhaps  on  the  face  of  the  whole  earth,  at 
their  own  cod  :  Thofe  more  than  brutal  men, 
fpirited  and  diredled  by  the  moft  inveterate, 
as  well  as  moft  powerful  eneipy  of  Great- 
Britain,  have  beea  conftantly  annoying  our  in- 

faiU 


(  87) 

fant  fettleinents  for  more  than  a  centnry  ? 
fpreading  terror  and  dcfolation,  and  fometimes 
depopulating  whok  villages  in  a  night  :  yet 
amidft  the  fatigues  of  labour,  and  the  hor- 
rors of  war  and  bloodlhed,  Heaven  vouch- 
Med  its  fmiles.  Behold,  an  extenfive  terri- 
tory, fettled,  defended,  and  fecured  to  his 
Majefty,  I  repeat  it,  without  the  kafl  expence 
to  the  mother  country^  till  within  twenty  years 
pad  ! — When  Loiajhourg  was  reduced  to  hia 
late  Majefty,  by  the  valour  of  his  New-Eng-- 
AiWfubjedls,  the  parliament.  It  muft  be  own- 
ed, faw  mecr  to  refund  ^«/'/ of  the  charges  : 
And  every  one  knows  the  importance  of  Louis^ 
hourghy  m  tlie  confiihations  of  Aix  la  Chapelk ; 
but  tor  the  lofs  of  our  young  men,  the  riches 
and  ftrength  of  a  country,  not  indeed  {lain 
by  the  eneiny,  but  overborn  by  the  uncom- 
mon harddiips  of  the  fiege,  and  their  con- 
finement in  garrifon  afterwards,  there  could 
be  no  recompence  made.— In  the  late  war, 
the  northern  colonies  not  only  raifcd  their  full 
quota  of  men,  but  they  went  even  beyond 
th^ir  ability  ;  they  are  (till  deeply  in  debt, 
notwithftanding  the  parliamentary  grants  an- 
nually made  them,  in  part  of  their  expences, 
in  the  common,  national^  caiife:  Had  it  not 
been  for  thofe  grants,  thev  had  all  been  bank- 
rupt long  ago  i  while  the  Jugar  colonies  have? 
born  little  or  no  £haie  in  it  :  They  indeed  lent 
a  company  or  two  of  Ncjroes  and  Molattoes, 
if  this  be  worth  men'-om^.g,  t)  the  fieges  of 
Guadaloupe,  Martm.co  .md  the  Havanna  : 
I  do  not  recollect  any  thing  die  that  they  have 

done  ; 


'^  •  I 


\i  <■ 


(  88  ) 

5one  J  while  the  flower  of  our  youth  weffif 
annually  preflcd  by  ten  thoufands  into  the  fer- 
vice,  and  there  treated  but  little  better,  as  we 
have  been  told,    than  hewers  of  wood  and 
drawers  of  water.     Provincial  adls  for  impref- 
iing  were  obtained,  only  by  letters  of  requi- 
lition  from  a  fecretary  of  date  to  a  Governor  j 
requiring  him  to  ufe  his  influence  to  raife  men; 
and  fometirties,  more  than  were  afked  for  or 
wanted,  were   preflcd,  to  g;ive  a  figure  to  the 
Governor,  and  fliew  his  influence  ;  a  remark- 
able inftance  of  which  might  be  mentioned. 
I   would  farther  obferve,  that  Great-Britain 
was  as  immediately  interefted  in  the  late  war 
in  America,  as  the  colonies  were.     Was  (he 
not  threatened  with  an  invalion  at  tiie  fame 
time  we  were  ?  Has  fhe  not  an  immenfc  trade 
to  the  colonies  ?  The  Britifh  writers  fay,  more 
than   half  her  profitable  trade  is  to  America  : 
All   the  profits  of  our  trade  center  there,  and 
is  litde  enough  to  pay  for  the  goods  we  import. 
A  prodigious  revenue  arifes  to  the  Crown  on 
American  exports  tc  Great-Britain,  which  in 
general  is  not  murmured  at  :  No  manufadlure 
of  Europe  befides  Britifli,    can    be  lawfully 
brought  here  ;  and  no  honed:  man  defirts  they 
ever  fhould,  if  the  laws  were  put  in  execution 
upon  all.     With  regard  to  a  few  Dutch  im- 
ports that  have  made  fuch  a  noile,  the  truth 
is,  very  little  has  been  or  could  be  run,  be- 
fore the  apparatus  of  guardfhips  j  for  the  offi- 
cers of  fome  ports  did  their  duty,  while  others 
may  have    made  a  monopoly  of  fmuggling, 
for  a  few  ot  their  friends,  who  probably  pa.d 

them 


"  \ 


fliem  kfge  contributions ;  for  It  hai  betfn  ob* 
ferved,  that  a  very  fmall  office  in  the  cuftomji 
in  America  has  raifed  a  man  a  fortune  foonef 
than  a  government.  The  tfuth  is,  the  adls  of 
trade  have  been  tOo  often  evaded  i  but  by 
whom  ?  Not  by  the  American  merchants  in 
general,  but  by  feme  former  cuftom-houfe 
officers,  their  friends  and  partizans.  f  name 
no  man,  not  being  about  to  turn  informer : 
But  it  has  been  a  notorious  grievance,  that 
when  the  King  himfelf  cannot  difpenfe  with 
an  2i6t  of  parhament,  there  have  been  cuftom* 
houfe  officers  who  have  pradifcd  it  for  years 
together,  in  favour  of  thofe  tovvards  whorri 
they  were  gracioufly  difpofed. 

But  to  return  to  the  fubjedt  of  taxation  :  I 
find  that  **  the  lords  and  commons  cannot  be 
charged  with  any  thing  for  the  defence  of  the 
reahrJi  for  the  fafc-guard  of  the  fca,  &c,  un^ 
Icfs  by  theif  willm  parliament." 

Ld.  Coke,  on  Magna  ChartJl,  Cap.  30. 
«*  Impofitions  neither  in  time  of  war,  or 
other  the  greateft  neceflity  or  occafion  that 
may  be,  much  lefs  in  the  time  of  peace,  nei- 
ther Upon  foreign  or  inland  commodities,  of 
what  nature  foever,  be  they  never  fo  fuper- 
fluous  or  unnecclTary,  neither  upon  merchanl«i 
ftrangers,  nor  denizens,  m  ly  be  laid  by  the 
King's  abfolute  power,  without  affent  of  par- 
liament, be  it  never  for  fo  (hort  a  time." 

Viner  Prerogative  of  the  Kino;. 

Ea,  I.  cites  2  Molloy.  320  Cap.  12.  fee.  i* 

"  In   the  reign  of  Edward  III.  the  Black 

Prince  of  Wales  having  Aqtiitain  granted  to 

N  him. 


jiL 


^if 


m 


( 90 ) 

him,  did  ky  an  impofition  of  fuage  or  focage 
afbco,  upon  his  iubjcdls  of  that  dukedom, 
"viz.  a  (hilling  for  every  fire,  called  hearth  fil- 
ver,  which  was  of  fo  great  difcontentmcnt 
and  odious  to  them,  that  it  made  them  revolt. 
And  nothing  fmce  this  time  has  been  impofed 
by  pretext  of  any  prerogative,  upon  merchan- 
dizes, imported  into  or  exported  out  of  this 
realm,  until  Qoeen  Mary's  time.**     2  Inft.  6r, 

Nor  has  any  thing  of  that  kind  taken  placq 
fmce  the  revolution.  King  Charles  I.  his  ihip- 
money  every  one  has  heard  of. 

It  may  be  faid  that  thefe  authorities  will 
not  ferve  the  colonift?,  becaufe  the  duties  laid 
on  them  are  by  parliament.  I  acknowledge 
the  difference  of  fadt  j  but  cannot  fee  the 
great  difference  iii  equity,  while  the  colonifts 
are  not  »cprefented  in  the  houfe  of  commons  : 
And  theretore  with  all  humble  deference  I  ap- 
pithend,  that  till  the  colonifts  are  fo  rcpre- 
icntcd,  the  fpirit  of  all  thefe  authorities  \  ill 
argue  ftiongly  in  their  favour.  When  the 
parliament  Ihall  think  fit  to  allow  the  colonifts 
a  reprefentation  in  the  houfe  of  coinmons,  the 
equity  of  their  taxing  the  colonies  will  be  as 
clear  as  their  power  is  at  prefent  of  doing  it 
"vyiihout,  if  they  pleafe.  When'Mr.  Dum- 
mer  wrote  his  defence  of  the  charters,  there 
was  a  talk  of  taking  them  away,  by  adt  of 
parliament.  This  defence  is  dedicated  to  the 
right  honourable  the  Lord  Carteret,  then  one 
of  his  Majerty's  principal  fecrctaries  of  ftate, 
fince  Earl  of  Granville.  His  third  propofition 
is,  that  **  it  is  not  for  the  intereft:  of  the  crown 

to 


C( 


(  91  ) 

to  refume  the  charters,  if  forfeited."  This 
h«  proves  ;  as  alfo  that  it  would  be  more  for 
the  intcrcft  of  Great-Britain  to  enlarge,  rather 
than  dinninlfli,  the  privilege  of  all  the  colo- 
nifts.  His  laft  propc^fition  is,  that  it  **  feems 
inconfiftent  wiih  juftice  to  disfranchife  the 
charter  colonies  by  an  adl  of  parliament.'* 

•*  It   feems  therefore,  fays   he,  a  feverity 
without  a  precedent,  that  a  people,  who  havs 
the   misfortune  of  being   a   thoufand  leagues 
diftant  from  their  fovereign,  a  misfortune  great 
enough  in  itfelf,    (hould,    unfummoned,  un- 
heard, in  one  day,  be  deprived  of  their  valua- 
ble privileges,  which  they  and   their  fathers 
have  enjoyed  for  near  a  hundred  years."    It  is 
true,  as  he  obferves,  **  the  Icgiflative   power 
is  abiolute  and  unaccountable,  and  King,  lords 
ar^i  commons,    may  do  what  they  pleafe  ; 
but  the  queftion  here  is  not  about  power,  but 
right''*  (or  rather  'equity)  **  and  {hall   not  the 
fupreme  judicature  of  all  the  nation  do  right?" 
««  One  may  fay,  v    t  what  the  parliament  can- 
not do  juftly,  they    annot  do  at  all.  In  maxi" 
mis  minima  eft  licentia.    T^e  higher  the  power 
is,  the  greater  caution  is  to  be  ufed  in  the  exe- 
cution of  it  'y  bev  lufe  the  fuffercr   is  helplefs 
and  without  refort ."     I  never  heard  that  this 
reafoning  gave  any  offence.     Why  (houH  it  ? 
Is  it  not  exadlly  agreeable  to  the  decifions  of 
parliament  and  the  determinations  of  the  high- 
eft  ext'j-arn'e  courts  ?    (Sec   the  Appendix.) 
But  if  't    vas  thought  h.  rd  that  charter  privi- 
leges Ihouid  be  taken  away  by  a6l  of  parlia- 
ment, is  it  not  much  harder  to  be  in  part,  or 

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.      { 92 ) 

in  whole,   disfranchifed  of  rightsi  that  have 
been  always  thought  inherent  to  a  British  iub- 
](.t\,  namely,  to  be  free  from  all  taxes,,  but 
what  he  confents  to  in  perfon,  or  by  his  re- 
ptefentative  ?  This  right,  if  it  could  be  traced 
no  higher  than  Magna  Charta,  is  part  of  the 
common  law,  part  of  a  Britiih  fubjedls  birth-, 
right,  and  as  inherent  and  perpetual,  as  the 
duty   of   allegiance  j  both  which  have  been 
brought   to  thefe  colonies,  and  have  been  hi^ 
thtrto  h'  Id  facred  and  inviolable,  and  I  hope 
and  tturt  ever  will.     It  is  humbly  conceived, 
that  the    Britifh   colonlfts  (except   only    tha 
conquered,  if  any)  are,  by  Magna  Chaira,  as 
Well  entitled  to  have  a  voice  in  their  taxes,  as 
the  fubjtdts  within  the  realm.     Are  we  not  as 
really  deprived   of  that   right,  by  the  parha-* 
nient  afieiTing  ns  before  we  are  reprcfented  in 
the  houfe  of  commons,  as  if  the  King  (hould 
do  it  [jy  his  prerogative  ?  Can  it  be  iaid  with 
any  colour  of  truth  or  juftice,  that  we  are  re-- 
prefenied  in  parliament  ?        ;  /      • 
.    As  10  the  colonics  being  reprefented  by  the 
provincial  agents,  I  know  of  no  power  ever 
given  thvni,  but  to  appear  before  his  Majefty, 
and  his  miniftry.     Sometimes  they  have  been 
directed  to  petition  the  parliamer;t  i  But  they 
none  of  them  have,  and  I  hope  never  will 
have,  a  powxr  given  them,   by  the  colonifts, 
to   adl  as  reprefentatives,  and  to  content   to 
taxes ;  and  if  they  fliould  make  any  concef'- 
fions  to  the  miniftry,  efpccially  without  ordeo 
the  provmces  could  not  by  that  be  conhdered 

a§  reprefented  in  parliament, 

J7/« 


(93) 

'  Hlberma  habet  Parliamenia  &  faciunf  leges 
et  no/ira  ftatuta  non  ligant  eost  quia  non  mittant 
milites  ai 'Parliament um.  fed  perjonce  eorum  junt 
fubjeSli  R^'gis,  ficut  inbabitantes  Czlina  GaJcO" 
nice  Cif  Guience,       i^-^t;  :  :-:^^:'  t:;  •>  ^  •,c^;..:i,>? <••:■■. 
'       1  • « ,         12  Rep.  III.  cites R.  3.  12 — i 
^   *«  Ireland  hath  parliaments,  and  make  laws, 
and  our  ftatutes  do  not  bind  them,  becauje  they 
fend  no  knights  to  parliament  j  but  their  per- 
fons  are  fubjeds  of  the  King,  as   the  inhabi- 
tants of  Guiene,  Galcony,  &c.'*  .:^t:;    ■*<•]    :    : 
7  ;Yet,    if  fpecially  named,    or  by   general 
words  included  as  within  any  of  the  King's 
dominions,  Ireland,  fays  Ld.  Coke,  might  be 
bound.  !   -5  !■  J.  ^   \     4lnft.  351. 

.  From  all  which,  it  feems  plain,  that  the 
reafon  why  Ireland  and  the  plantations  are  not 
bound,  unlefs  named  by  an  adt  of  parliament, 
is»  becaufe  they  are  not  reprefented  in  the  Bri- 
ti(h  parliament.  Yet,  in  fpecial  cafes,  the 
Britiih  parliament  has  an  undoubted  right,  as 
well  as  power,  to  bind  both  by  their  ai^s. 
But  whether  this  can  be  extended  to  an  indefi- 
nite taxation  of  both,  is  the  great  queftion. 
I  conceive  the  fpirit  of  the  Briti(h  conftitution 
mud  make  an  exception  of  all  taxes,  until  it 
is  thought  fit  to  unite  a  dominion  to  the  realm. 
Such  taxation  muft  be  confidered  either  as  u- 
niting  the  dominions  to  the  realm,  or  disfran- 
chifirig  them.  If  they  are  united,  they  will 
be  intitlcd  to  a  reprefentation,  as  well  as 
Wales  ;  if  they  are  fo  taxed  without  a  union, 
or  reprefentation,  they  are  fo  far  disfranchifed. 


ic; 


I 


'll  i 


f 


(94) 
I  do  not  find  any  thing  that  looks  like  a 
duty  on  the  colonies  before  the  25th  of  C.  IF. 
e.  7.  impofing  a  duty  on  innunrieratcd  com- 
modities. The  liberty  of  the  fubje<ft  was  lit- 
tle attended  to  in  that  reign.  If  the  nation 
could  not  fully  aflert  their  rights  till  the  revo- 
lution, the  colonies  could  not  expert  to  be 
heard.  I  look  upon  this  a6l  rather  as  a  pre- 
cedent of  power,  than  of  right  and  equity  ;  if 
it  is  fuch,  it  will  not  afFedl  my  argument.  The 
adl  appointing  a  tax  on  all  mariners,  of  a  cer- 
tain fum  per  month,  to  be  deduifted  out  of 
their  wages  is  not  to  be  compared  with  this. 
Mariners  are  not  inhabitants  of  aqy  part  of 
the  dominions :  the  fea  is  their  element,  till 
they  are  dccripit,  and  then  the  hofpital  is 
open  for  all  marines  who  are  Britifh  fubje<fbs 
without  exception.  The  general  poft-office 
eflablifhed  through  the  dominions,  is  for  the 
convenience  of  trade  and  commerce  :  it  is  not 
laying  any  burthen  upon  it ;  for  befides  that 
it  is  upoA  the  whole  cheaper  to  corrcfpond  in 
this  way  than  any  other,  every  one  is  at  liber- 
ty to  fend  his  own  letters  by  a  friend.  The 
adl  of  the  6th  of  his  late  Majefty,  though  it 
impofcs  a  duty  ir.  terms,  has  been  faid  to  be 
defigned  for  a  prohibition }  which  is  probable 
from  the  fums  impofed  j  and  it  is  pity  it  had 
not  been  fo  expreffed,  as  there  is  not  the  leaft 
doubt  of  the  juft  and  equitable  right  of  the  par- 
liament to  lay  prohibitions  through  the  domi- 
nions, when  they  think  the  good  of  the  whole 
requires  it.  But  as  has  been  faid,  there  is  an 
infinite  difference  between  that  and  the  exer- 

cife 


r 


(  95  ) 

cJfe  of  unlJmited  power  of '  taxation,  over  the 
dominion5,  without  allowing  them  a  repre- 
fentation  :'  —  It  is  faid  that  the  duties  impofejd 
by  the  new  adl  will  amount  to  a  prohibition  : 
Time  only  can  afcertain  this.  The  utility  of 
this  ad  is  fo  fully  examined  in  the  appendix, 
that  I  (hall  add  nothing  on  that  head  here,  it 
may  be  faid  that  the  colonies  ought  to  bear 
their  proportion  of  the  national  burdens  :  It 
is  juft  they  (hould,  and  I  think  I  have  proved 
thty  have  always  done  it  freely  and  cheerfully, 
and  I  know  no  rcafon  to  doubt  but  they  ever 
will.  . .  • 

Sometimes  we  have  been  confidered  only  as 
the  corporations  in  England  :  And  it  may  be 
urged  that  it  is  no  harder  upon  us  to  be  taxed 
by  parliament  for  the  general  caufe  than,  for 
them,  who  befides  arc  at  the  expence  of 
their  corporate  fubordinate  government*.  I 
anfwer,  i .  Thofe  corporations  are  reprifented 
in  parliament.  2.  The  colonies  are  and  have 
Ijeen  at  a  great  expence  in  railing  men,  build- 
ing forts,  and  fupporting  the  King's  civil  go- 
vernment here.  Now  I  read  of  no  governors 
and  other  officers  of  his  Majefty's  nomination, 
that  the  city  of  London  taxes  its  inhabitants  to 
fupport ;  1  know  of  no  forts  and  garrifons  that 
the  city  of  London  has  lately  built  at  its  own 
expence,  or  of  any  annual  levies  that  they  have 
raifed  for  the  King's  fervice  and  the  common 
.  caufe.  Thefe  are  things  very  fitting  and  pro- 
per to  de  done  by  a  fubordinate  dominion,  and 
it  is  their  duty  to  do  all  they  are  able  j  but  it 

j'eems 

*  Sec  Adininiftration  of  the  Colonics, 


sir 


'M\ 


1 1  *l'' 


I 

111: 


i 


('96) 

feems  but  equal  th<^j  fhould  be  allowed  to  af* 
fcfs  the  charges  of  it  thcmfelves.     The  rules 
of  equity  and  the  principles  of  the  conftitution 
feem  to  require  this.     Thofe  who  judge  of  the 
Reciprocal  rights  that  fublift   between   a  fu- 
pretne  and  lubordinate  ftate  or  dominion,  by 
110  higher  rules  than  are  applied  to  a  corp:)ra- 
tion  of  button-makers,  will  never  have  a  very 
comprehenfive  view  of  them.     Yet,  forry  aiil 
I  to  iay  it,  many  elaborate  writers  on  the  ad- 
mm/lration  of  the  colonies ^  feem  to  me  never  to 
rife  higher  in  their  notions,  than  what  might 
be  expected  from   his  fecretary  to  one  of  the 
quorum.     If  I   ftiould  be  tanked  arrtotig  this 
number,  I  fball  have  this  confolation,  that  I 
have  fallen  into  what  is  called  very  good  com* 
pany,  and  among  fome  who  have  feen  vf-iy 
high  life  below  ftairs.     I  agree  with  the  Ad- 
niiniftrator,  that  of  whatever  revenues  raifed 
in  the  colonies,  if  they  mufi:  be  raifed  without 
our  confentj  *•  the  jirjl  and  fpeciai  appropria^ 
tion  of  them  ou  ht  to  be  to  th'  paying  the  Gd' 
'uernorsy  and  all  the  other  Crown  ojicers  ;'*  for 
it  would  be  hard  for  the  Colonifts  to  be  obli- 
ged to  pay  them  after  this.     It  was  on   thJs 
principle  that  at  the  kft  aflembly  of  this  pro-^ 
vince,  I  moved  to  ftop  every  grant  to  the  offi- 
cers of  the  Crown  j  more  efpecially  as  I  know 
fome  who  have  built  very  much  upon  the  fine 
falaries  they  (hall  receive  from  the   plantation 
branch  of  the  revenue.     Nor  can  I  think  it 
"  injuftice  to  the  frame  of  human  nature*," 
to  fuppole,  if  I  did  not  know  it,  that  with  fi- 

milar 

*  hiva.  p.  57.  '  •    • 


w 


V- 


le 
•n 
It 

» 
}- 


(9-^  ) 
milar  views  feveral  officers  of  the  Crown   in 
fome  of  the  colonies  have  been  pufhing  forfuch 
an  aft  for  many  years.     They  have  obtained 
their  vviQi,  and  much  good  it  will  do  them  : 
but  I  would  not  give  much  for  all  that  will 
center  neat  in  the  Exchequer,  afccr  dedudling 
the  cofts  attending  the   execution   of  it,  and 
the  appropriations  to  the  feveral  officers  pro- 
pofed  by  the  Adminiftrator.     What  will    be 
the   unavoidadablc  confequence   of   ail   this, 
fuppofe  another   war  ftiould   happen,  and  it 
ihould  be  neceffary  to  employ   as  many  pro- 
vincials in  America  as  in  the  lafl  ?  Would  it 
be  poflible  for  the  colonies,  after  bejng  bur- 
thened  in  their  trade^  perhaps  after  it  is  ruin- 
ed, to  raife  men  ?    Is  it  probable   that  they 
would  have  fpirit  enough  to  ex(°rt  themfelves  ? 
If  it  is  faid  the  French   will   never  try  for  A- 
merica,  or  if  they  fliould,  regular  troops  are 
only  to  be  employed.     I   grant   our   regular 
troops  are  the  beft  in  the  world,  and  that  the 
experience  of  the  prcfcnt  ofliceis  (hews  that 
they  are  capable  of  every  fpecies  of  American 
fervice ;  yet  we  fliould  guard  againft  the  worft. 
If  another  trial  for  Canada  (hould  take  place, 
which  from  the  known  temper  of  France,  we 
may  judge  flie  will  bring  on  the  firft  fair  op- 
portunity, it  might  require  30  or  40,000  re- 
gulars to  fecure  his  Majerty's  juft  rights.     If  it 
(hould  be  faid,  that  other  American  duties  nm(t 
then  be  levied,  befidesthe  irnpollibility  of  our 
being  able  to  pay  them,  the  danger  recurs  at 
a  large  (landing  army  fo  remote  from  home. 
Whereas  a  good  provincial  miliiis,  with  fuch 

O  •  occafional 


\ 


;4i 


I 


s 


I 


i 


ill: 


occafional  fucconrs  from  the  mother  countryr 
as  exigencies  may  require,  never  was,  and  ne» 
ver  will  be  attended  with  hazard.  The  expe- 
rience of  pnft  times  will  {hew,  that  an  army 
of  20  or  30,000  veterans,  half  3000  miles 
from  Romcy  were  very  apt  to  proclaim  Ccefars, 
The  firft  of  the  name,  the  aflaflin  of  his  coun- 
try owed  his  falfc  glory,  to  ftealing  the  affec- 
tions of  an  army  from  a  commonwealth.  I 
hope  thcfe  hints  will  not  be  taken  amifs  ;  they 
feem  to  occur  from  the  nature  of  the  fubjedl 
1  am  upon  :  they  are  delivered  in>  pure  affec- 
tion to  jny  King  and  country,  and  amount  to 
no  refledlion  on  any  man.  The  beft  army, 
and  the  beft  men,  we  may  hereafter  have,, 
may  be  led  into  temptation  j  all  I  think,  is,, 
that  a  prevention  of  evil  is  much  ealier  than  a 
deliverance  from  it. 

The  fum  of  my  argument  is,  That  civil  go- 
vernment is  of  God  :  that  tae  admin iftrators 
of  it  were  originally  the  whole  people  :  that 
they  m»'ghi  have  devolved  it  on  whom  they 
pleafed  :  that  this  devolution  is  fiduciary,  for 
the  good  ot  the  whole :  that  by  the  Britifhcon- 
ftitution,  this  devolution  is  on  the  King,  lords 
and  comrr  ons,  the  lupreme,  facred  and  uncon- 
troulable  legillative  power,  not  only  in  the 
realm,  but  tiirough  the  dominions  :  that  by 
the  abdication,  the  original  compadl  was  bro- 
ken to  pieces  :  that  by  the  re^^olution,  it  Was 
renewed,  and  more  firmly  eftablifhed,  and 
the  rights  and  liberties  of  the  fubjcdt  in  all- 
parts  ot  the  dominions,  more  fully  explained 
and  confirmed  :  that  in  confcquence  of  this 

efta- 


^ 


(99  ) 

€ftabll(hment  and  the  adls  of  fucceiTion  and  u- 
fiion,  his  Majefty  George  IJI.  is  rightful 
king  and  foverci<>n,  and  with  his  parliament, 
the  fupremelegidative  of  Great-Britain,  France 
and  Ireland,  and  the  dominions  thereunto  be-? 
longing  :  that  this  conftitution  is  the  moll 
free  one,  and  by  far  the  beft,  now  exifting  on 
earth  :  that  by  this  conllitution,  every  man  in 
the  dominions  is  a  free  man  :  that  no  parts  of 
his  Majeft:y's  dominions  tan  be  taxed  without 
their  conlent :  that  every  part  has  a  righi:  to  be 
reprefented  in  the  fupreme  or  fomc  fubordinate 
Icgiilature  :  that  the  refufal  of  this,  would 
feem  to  '>e  a  contradidlion  in  pratflice  to  the 
theory  of  the  conftitution  :  that  the  colonies 
are  fubordinate  dominions,  and  are  now  in 
fuch  a  ftate,  as  to  make  it  heft  for  the  good  of 
the  whole,  that  they  fliould  not  only  be  con- 
tinued in  the  enjoyment  of  fubordinate  legi- 
slation, but  be  alfo  reprefented  in  Ibme  pro- 
portion to  their  number  and  eftatcs  in  the 
grand  legiflation  of  the  nation :  that  this  would 
firmly  unite  all  parts  of  the  Britifli  empire,  in 
the  greateft  peace  and  profpcrityj  and  rcndcj- 
1%  mvulnerablc  and  perpetual. 


m 

'  -'I 


!■ 


O   2 


APPENDIX. 


\  ! 


APPENDIX. 


U  ' 


r 


i 


I  'i  I 

m 
w 

uP. 

is 


Ms 

m 


The  City  of  Bofto7i^  at  their  AnnuaJ 
Meeting  in  May,  ^764>  made 
Choice  of  Rkhcird  Danay  yofeph 
Green^  Nathaniel  Bethune^  y^l^^ 
Ruddock^  Efqrs;  and  Mr.  Samuel 
Adams,  to  prepare  Instructions  for 
their  REPRESENTATIVES.       . 

The  following  Inftrudlions  were  reported  by 
faid  Committee,  and  unanimoufly  Voted. 

To  Royal  Tyler* y  yames  Otis,  Thomas 
Cujhing^  and  O^enbridge  Thacher^ 
Efqrs. 

Gentlemen, 

YOUR  being  chofen  by  the  freeholders 
and  inhabitants  of  the  town  of  Bojlon^ 
to  reprefent  them  in  the  General  Alfembly  the 
enfuing  year,  affords  you  the  Rrongeft  teftimo- 
ny  of  that  confidence  which  they  place  in  your 
integrity  and  capacity.     By  this  choice  they 

have 


1 


*  Now  of  the  honourable  Board  ;  in  whofe  room  was  re^ 
^urnej  Mr.  Thomas  Graj,  Mer^haut, 


(    lOI    ) 

have  delegated  to  you  the  power  of  adling  la 
their  public  concerns  in  general,  as  your  own 
Prudence  (hall  diredl  you  j  always  refcrving  to 
themfclves  the  conftitutional  right  of  exprcff- 
^ng  their  mind,  and  giving  you  fuch  inftruc- 
tion  upon  particular  matters,  as  they  at  any 
;tjirne  (hall  judge  proper. 

We  therefore,  your  conftituents,  take  this 
opportunity  to  declare  our  juft  expe(flations 
from  ypu. 

That  ypu  will  conftantly  ufe  your  power 
.and  influence  in  maintaining  the  invaluabl(? 
rights  and  privileges  of  the  province,  of  which 
^his  town  is  fo  great  a  part :  As  well  thofc 
rights  which  are  derived  to  us  by  the  royal 
charter,  as  thofe  which  being  prior  to  and  in- 
dependent on  it,  we  hold  ellentially  as  free- 
born  fubjeds  of  Great-Britain  j 

That  you  will  cndeayour,  as  far  as  you  (hall 
jbe  able,  to  preferve  that  independence  in  the 
houfe  of  reprefentatives,  which  charaderifes 
^  free  people  -,  and  the  want  of  which  may  in 
a  great  meafure  prevent  the  happy  effedts  of  a 
free  government :  Cultivating  as  you  fhall 
have  opportunity,  that  harmony  and  union 
there,  which  is  ever  defirable  to  good  men, 
jivhen  founded  on  principles  of  virtue  and  pubr 
lie  fpirit ;  and  guarding  againft  any  undue 
weight  which  piay  tend  to  difadjuft  that  critir 
pal  balance  upon  which  our  happy  conftitu- 
^ion,  and  the  blellings  of  it  do  depend.  And 
for  this  purpofe,  we  particularly  recommend 
it  to  you  to  life  your  endeavours  to  have  a  law 
palled,  whereby  the  feats  of  fuch  gentlemen 

as 


['•  /) 


ii 


I'i 


'rii 


I 


pi 

V-  f 

m 

38;- 


3- 


m 


(    IG2    ) 

as  fliiill  accept  of  ports  of  profit  from  the 
Crown,  or  the  Governor,  while  they  are  mem- 
bers of  the  houf'e,  (hall  be  vacated,  agreeable 
to  an  a(5t  of  the  Britifli  parliament,  till  their 
conftituents  fliail  have  the  opportunity  of  re- 
eledling  them,  if  thry  plcale,  or  of  returning 
others  in  their  room. 

Being  members  of  the  legiflative  body,  ynu 
will  have  a  fpccial  regard  to  the  morals  of  this 
people,  which  are  the  bafis  of  public  happi- 
nefs  J  and  endeavour  to  have  fuch  laws  made, 
if  any  are  ftill  wanting,  as  (hall  be  beft  adapted 
to  fecure  them  :  And  we  particularly  defirc 
you  carefully  to  look  into  the  laws  of  excife, 
that  if  the  virtue  of  the  people  is  endangered 
by  the  multiplicity  of  oaths  therein  enjoined, 
or  their  trade  and  bufi  efs  is  unreaf.inably  im- 
peded or  embarrafled  thereby,  the  grievance 
may  be  redreffed. 

As  the  prefeivation  of  morals,  as  well  as 
property  and  right,  fo  much  depends  upon 
the  impartial  diftribution  of  juftice,  agreeable 
to  good  and  wholefome  law  :  And  as  the 
judges  of  the  land  do  depend  upon  the  free 
grants  of  the  general  aHembly  for  fupport ;  it 
is  incumbent  upon  you  at  all  times  to  give 
your  voice  for  their  honourable  maintenance, 
fo  long  as  they,  having  in  their  trinds  an  in- 
difflrence  to  all  other  affairs,  ftiall  devote  them- 
felv^'S  wholly  to  the  duties  of  their  own  departs 
ment,  and  the  farther  ftudy  of  the  law,  by 
which  their  cudoms,  precedents,  proceedings 
and  detenninL^aons  are  adjufted  and  limited. 

You  will  rcineiuber  that  this  province  hath 

been 


-V 


(  103  ) 

been  at  a  very  sreat  expence  in  carrying  on 
the  war;  and  that  it  ftill  lies  under  a  vcrv 
grievous  burden  of  debt :  You  will  therefore 
tile  your  uimoft  endciivonr  to  promote  pubiic 
friigahty  as  one  means  to  lefl'en  the  public 
debt. 

You  will  join  in  any  propofals  which  may 
be  made  for  the  better  cultivating  the  lands, 
and  iir}proving  the  hufbandry  of  the  province: 
and  as  you  rcprefent  a  town  which  lives  by  its 
trade,  we  expcdl  in  a  very  particular  manner, 
that  you  make  it  the  objedl  of  your  attention, 
to  fiipport  our  commerce  in  all  its  juft  rights, 
to   vindicate  it   from  all  unreaibnable  impo- 

fitions,  and    promote   its  profpcrity. Our 

trade  has  for  a  long  tjme  laboured  under  great 
difcouragements  j  and  it  is  with  the  deepeft 
concern  that  we  fee  fuch  farther  difficulties 
coming  upon  it,  as  will  reduce  it  to  the  lowcft 
ebb,  if  not  totally  obftrud  and  ruin  it.  Wc 
cannot  help  expreffing  our  furprize  that  when 
fo  early  notice  was  given  by  the  agent,  of  the 
intentions  of  the  miniftry,  to  burthen  us  with 
new  taxes,  fo  little  regard  was  had  to  this 
mort  interefting  matter,  that  the  court  was 
not  even  called  together  to  conlult  about  it 
till  the  latter  end  ot  the  year  ;  the  confequence 
of  which  was,  that  inflrudions  could  not  be 
fent  to  the  agent,  though  f^'licited  by  him, 
till  the  evil  had  got  beyond  an  eafy  remedy. 

There  is  now  no  room  for  farther  delay  : 
We  therefore  expert  that  you  will  ufe  your 
earliell:  endeavours  in  the  General  Afi'embly, 
that  fuch  methods  may  be  taken  as  will  eftec- 

tiial'v 


t 


1 1 


?f  i 


I  *^i 


I 


m 


I 
k 
ill 


(  104  ) 

tually  prevent  thele  proceedings  againfl:  us. 
By  a  proper  repn^fentation,  we  apprehend  ?t 
may  eafily  be  made  to  appear  that  fuch  feve- 
rities  will  prove  detrimental  to  Great-Britain 
itfelf ;  upon  which  account  we  have  reafon  to 
hope  that  an  application,  even  for  a  repeal  of 
the  act,  {hould  it  be  already  pafled,  will  be 
fuccefsful.  It  is  the  trade  of  the  colonies  that 
Tenders  them  beneficial'  to  the  mother  country : 
Our  trade,  as  it  is  now,  and  always  has  been 
conduced,  centers  in  Great-Britain,  and  in 
return  for  her  manufactures,  affords  her  more 
ready  cafli,  beyond  any  comparifon,  than  can 
poilibly  be  expedled  by  the  moft  fanguine  pro- 
moters of  thefe  extraordinary  methods.  Wc 
are  in  (hort  ultimately  yielding  large  fupplieis 
to  the  revenues  of  the  mother  country,  while 
we  are  labouring  for  a  very  moderate  fubfift- 
ence  for  ourfelves.  But  if  our  trade  is  to  be 
curtailed  in  its  mod  profitable  branches,  and 
burdens  beyond  all  poffible  bearing  laid  upon 
that  which  is  fuffered  to  remain,  we  (hall  be 
fo  far  from  being  able  to  take  off  the  manu- 
fadures  of  Great-Britain,  that  it  will  be  fcarce 
poilible  for  us  to  earn  our  bread. — 

But  what  ilill  heightens  our  apprehenfions 
is,  that  thefe  unexpected  proceedings  may  be 
preparatory  to  new  taxations  upon  us  :  For  if 
our  trade  may  be  taxed,  why  not  our  lands  ? 
Why  not  the  produce  of  our  lands,  and  every 
thing  we  pofTefs  or  make  ufe  of  ?  This  we 
apprehend  annihilates  our  charter  right  to  s^o- 
vern  and  tax  ourfelves — It  ftrikes  at  our  Bri* 
tifli  privileges,  which  a?  we  have  never  for- 
feited 


iUV- 


( '*J ) 

felted  them,  we  hold  in  common  with  our  fel* 
low-fubjfcds  who  are  natives  of  Britain  :  If 
taxes  are  laid  upon  us  in  any  (hape  without 
our  having  a  legal  reprefentatlon  where  they 
are  laid,  are  we  not  reduced  from  the  charac- 
ter of  free  fubjedts  to  the  miferable  flate  of 
tributary  flaves  ? 

We  therefore  earneftly  recommend  it  to 
you  to  ufe  your  utmoft  endeavouis,  to  obtain 
in  the  general  aflembly,  all  necefTary  inftruc- 
tion  and  advice  to  our  agent  at  this  moft  cri-» 
tical  jundlure  j  that  while  he  is  fetting  forth 
the  unftiaken  loyalty  of  this  province  and  this 
town-— its  unrivaled  exertion  in  fupporting  his 
Majefty's  government  and  rights  in  this  part 
of  his  dominions — its  acknowledged  depen^ 
dcnce  upon  and  fubordination  to  Great-Bri- 
tain ;  and  the  ready  fubmiflion  of  its  mer- 
chants to  all  juft  and  necelTary  regulations  of 
trade ;  he  may  be  able  in  the  moft  humble 
and  prefling  manner  *o  remonftrate  for  us  all 
thofe  rights  and  privileges  which  juftly  belong 
to  us  either  by  charter  or  birth. 

As  his  Majefty's  other  northern  American 
colonies  arc  embarked  with  us  in  this  moft  im- 
por^nt  bottom,  we  farther  defire  you  to  ufe 
your  Endeavours,  that  their  weight  may  be 
added  to  that  of  this  province  :  that  by  the 
united  application  of  all  who  are  aggrieved. 
All  nviy  happily  obtain  redrefs-, 


I 


M 


Zuhjlance 


«.,•.« 


!  I 


WW 


.  (  ic6  ) 

Stdjlmtce  of  a  Memorial  prefentcd  the  Houfe,  in 

purjuance  of  the  above  Injirudiions  j  and  by. 

■  them  'voted  to    be   trarfmitted  to  Jasper 

.  Maudu  1 T,  Efq\  Agent  for  this  Province*-, 

to  be  improved  as  he  may  judge  proper. 


H 


THE  public  tranfadlions  from  William  I. 
to  the  revolution,  may  be  confidered 
as  one  continued  ilruggle  between  the  prince 
and  the  people,  all  tending  to  that  happy  efta- 
blifliment,  which  Great-Britain  has  fmce  en-» 
joyed.      .  '  .  ';......:•.._.., 

The  abfolute  rights  of  Engliflimen,  as  fre- 
quently declared  in  parliament,  from  Magna 
Charta  to  this  time,  are  the  rights  of  ferfonal 
fecurity,  perfonal  liberty y  and  of  private  pro^ 
perty.  :   ; 

The  allegiance  of  Britifli  fubjefts  being  na-^ 
tural,  perpetual  and  inftparablc  from  their 
perlons,  let  them  be  in  what  country  they 
may  -,  their  rights  are  alfo  natural,  inherent 
and  perpetual.  .    :      - 

By  the  laws  of  nature  and  of  nations,  the 
voice  of  univerfal  reafon,  and  ol  God,  when 
a  nation  takes  pofleffion  of  a  defert,  unculti- 
vated and  uninhabited  country,  or  purchafcs 
of  Savages,  as  was  the  cafe  with  far  the  greateft 
part  of  the  Britifh  leltlements  ;  the  colcnifts 
tranfplaniing  themfelves,  and  their  pofterity, 
though  ftparated  from  the  principal  ellablifli- 
ment,  or  mother  country,  naturally  become 
part   of  the  flate  with  its  ancient  pofleflions, 

and 

'  Only  as  ?.  State  drawn  up  by  one  of  the  Houfe, 


i 


) 


(  107  ) 
and  intitled  to  all  the  elTential  rights  of  the 
mother  country.     This  is  not  only  confirmed 
by  the  pradlice  of  the  antients,  but  by  the 
moderns  ever  fince  the  difcovery  of  America. 
Frenchmen,  Spaniards  and  PortugUele  are  no 
greater  flaves  abroad  than  at  home ;  and  hi- 
tJierto  Britons  have  been  as  free  on  one  fide  of 
the  Atbntic  as  on  the  other  :  And  it  is  humbly 
hoped   that  his   Majefty  and   the  Parliament, 
will  in  their  wifdom  be  gracioully  oleafed  to 
continue  the  colonifts  in  this  happy  ftate. 

It  is  prefumed,  that  upon  thefe  principles, 
the  colonifts  have  been  by  their  feveral  char- 
ters declared  natural  fuhjed:Si  and  entrufted 
with  the   power  of  making   their  own  local 

tlawsy  not  repugnant  to  the  laws  of  England, 
and  with  the  power  of  taxing  themfehes. 
This  legiflative  power  is  fubjed:  by  the  fame 
charter  to  the  King's  negative,  as  in  Ireland. 
This  effedlually  fecures  the  dependence  of  the 
colonies  on  Great-Britain.— By  the  thirteenth 
of  George  the  Jecond,  chapter  the  ninth,  even 
foreigners  having  lived  fcven  years  in  any  of 
the  colonies,  are  deemed  natives  on  taking  the 
oaths  of  allegiance,  ^c.  and  are  declared  by 
the  faid   adl  to  be  his  Majcfty's  natural  born 
fubjedls  of  the  kingdom  ot  Great-Britain,  to 
all  intents,  conftruftions  and  purpofes,  as  if 
any  of  them  had  been  born  within  the  king- 
dom.    The  reafons  given  for  this  naturaliza- 
tion in  the  preamble  of  the  adl  are,  **  that  the 
increafe  of  the  people  is  the  means  of  advanc- 
ing  the  wealth  and  ftrength  of  any  nation  or 
country  -,  and  that  many  loreigners  and  ftran- 


P     2 


gers. 


■K 


i  m 


III" 

m 


(  io8  ) 

gers,  from  the  lenity  of  our  government,  the 
purity  of  our  religion,  the  benefit  of  our  laws, 
the  advantages  of  our  trade,  and  the  fecurity 
of  our  property,  might  be  induced  to  come 
and  fettle  in  fjme  of  his  Majcfty's  colonies  in 
Ameiicaj  if  they  were  partakers  of  the  ad- 
vantages and  privileges,  which  the  natural 
born  fubjdts  there  enjoy*." 

The  feveral   a(fts  of  parliament  and  char- 
ters declaratory  of  the  rights  and  liberties  of 
the  colonies,  are  but  in  aflirmance  of  the  com- 
mon law,  and   law  of  nature  in  this   point. 
There   are,    fays  my  Lord   Coke,    regularly 
three  incidents  to  fubjeds  born.    ( i .)  Parents 
under  the  a(^ual  obedience  of  the  King.    (2.) 
That   the  place  of  his  birth  be  within  the 
King's    dominions.      (3.)    The  time  of    his 
birth  to  be  chiefly  confidered  :  For  he  cannot 
be  a  fubje(5l  born  of  one  kingdom,  that  was 
born  under  the  allegiance  of  the  King  of  ano- 
ther kingdom  ;  albeit  afterwards  the  kingdom 
defcends  to  the  King  of  the  other  kingdom. 
See  Calvin's  cafe,  and  the  feveral  a(5ls  of  par- 
liament and  decifionp  on  naturalization,  from 
Edward  the  Third  to  this  day.     The  common 
law  is  received  and  pra(3:ifed  upon  here,  and 
in  the  reft  of  the  colonies ;   and  all  antient 
and  modern  adls  of  parliament  that  can  be 
confidered  as  part  of,  or  in  amendment  of  the 
common  law,  together  with  all  fpch  adls  of 
parliament  as  exprefly  name  the  plantations  j 
fo  that  the  power  of  the  Britifh  parliament  is 
held  as  facred  and  as  uncontroulablc  in  the 

coloniea 

*  13  G.  2.  C.  7, 


(  109  ) 

colonies  as  In  England.  The  queftlon  Is  not 
upon  the  general  power  or  right  of  the  par- 
liament, but  whether  it  is  not  circumfcribed 
widiin  fome  equitable  and  reafonable  bounds? 
It  is  hoped  it  will  not  be  confidered  as  a  new 
dodlrine,  that  even  the  authority  of  the  par- 
liament of  Great-Britain  is  circumfcribed  by 
certain  bounds,  which  if  exceeded,  their  adls 
become  thofe  of  meer  power  without  right, 
and  confequently  void.  The  judges  of  Eng- 
land have  declared  in  favour  of  thefc  fenti- 
ments,  when  they  exprefly  declare,  that  aBs 
of'  parliament  againfl  natural  equity  are  void. 
That  a5ls  againjl  the  fundamental  principles  of 
the  Britijh  conjlitution  are  void^.  This  doc- 
trine 


I 
I 


*  ♦'  A  very  important  queftion  here  prefents  Itfelf.     It  ef- 

fentlally  belongs  to  the  fociety  to  make  Jaws  both  in  relatioa 

to  the  manner  in   which  it  defires  to  be  governed,  and  to  the 

condufl  of  the  citizens  :  this  is  called  the  Legijlati.ve  Powoer, 

The  nation  may  entraft  the  exercife  of  it  to  the  Prince,  or  to 

an  aflembly ;  or  to  theaffembly  and  the  Prince  jointly  ;  v/ho 

have  then  a  right  of  making  new,    and  abrogating  old  laws. 

It  is  here  demanded  whether,  if  their  power  extends  fo  far  as 

to  the  fandamental  laws,  they  may  change  the  conftitution  of 

the  ftate  ?  The  principles  we  have  laid  down  lead  us  to  decide 

this  point  with  certainty,-  that  the  authority  of  thefe  legiflators 

does  not  extend  fo  far,  and  that  they   ought  to  confider  the 

fundamental  laws  as  facred,  if  the  nation  has  not  in  very  ex- 

prefs  terms  given  them  the  power  to  change  them.     For  the 

conftitution  of  the  ftate  ought  to  be  fixed  ;  and  fince  that  was 

firft  eftablilhcd  by  the  nation,  which  afterwards  truft<:d  certain 

perfons  with  the  legiflative  power,  the  fundamental  laws  are 

excep:ed  from  their  commiffion.     It  appears  that  the  fociety 

)iad  only  refolved  to  make  provifion  for  the  ftate's  being  always 

f 'rnifiied  with  laws  fuited  to  particular  conjunftures,  and  gave 

the  legiflature  for  that  purpofe,  the  power  of  abrogating  the 

antient  civil  and  political  laws,    that  were  not  fundamental, 

and  of  making  new  ones :   but  nothing  leads  us  to  think   that 

it  was  willing  to  fabmit  the  conftitution  itfelf  to  their  pleafurc. 

When 


1^ 


(  no) 

trine  is  agreeable  to  the  law  of  nature  and  na- 
tions, and  to  the  divine  didlatcs  of  natural  and 
revealed  religion.  It  is  contrary  to  reafon  that 
the  fupreme  pow^er  fhould  have  right  to  alter 
the  conftitution.  This  would  imply,  that 
thofe  who  are  intruded  with  Sovereignty  by 

the 


I 


4 


•  When  a  nation  takes  pofleffioaof  a  diftantcbuntry,  and  fet- 
tles a  colony  there,  that  country  though  feparated  from  the 
principal  eftabliShment,  or  mother  country,  na'urally  becomes 
a  part  of  the  ftate,  equally  with  its  antient  pofleffions.  'A  hen- 
^er  the  political  laws,  or  treaties,  make  no  diftinftion  be- 
tween them,  every  thing  faid  of  the  territory  of  a  nation, 
(blight  alfo  to  extend  to  its  colonies."  D'  Vattel. 

"  An  aft  of  parliament  made  againft  natural  equity,  as  to 
make  a  man  judge  in  his  own  caufe,  would  be  void  :  for  Jura 
natura  lunt  immutabilia.  Hob  87.  Trin.  iz.  Jac  Day  v.  Sa- 
vat-e  S.  C.  and  P.  cited  Arg  10  Mod.  115.  Hill.  11  Ann. 
C.  B.  in  the  cafe  of  Thoinbyand  Fleetwood,  "  but  fays,  that 
this  muft  be  a  clear  cafe,  and  judges  will  llrain  hard  rather 
than  interpret  an  aft  void,  ab  initio  "  Thii  is  granted,  hut  ftill 
their  authority  is  not  boundlefs,  iffuhje£l  to  the  controul  of  the  judges 
in  any  cafe, 

'*  Holt,  Chief  juftice,  thought  what  Lord  Coke  fays  in 
Doftor  Bonham's  <afe  a  very  reafonable  and  true  faying,  that 
if  an  aft  of  parliaihent  (hould  ordain  that  the  fame  perfon 
ihould  be  both  party  and  judge  in  his  own  caufe,  it  would  be 
a  void  aft  of  parliament,  and  an  aft  of  farliament  can  do  no 
wrong,  though  it  may  do  feveral  things  that  look  pretty  odd  ; 
for  it  may  difcharge  one  from  the  allegiance  he  lives  under, 
and  reftore  to  the  ftate  of  nature ;  but  it  cannot  make  one 
that  lives  under  a  government  both  judge  and  party,  per  Holt. 
C.  J.  12  Mod.  687,  688.  Hill.  13.  W.  3.  B.  R.  in  the  cafe 

of  the  city  of  J  ondon  v.  Wood Ft  appears  in  our  books, 

that  in  feveral  cafes  the  common  law  (hall  controul  afts  of  par- 
liamentf  and  fometimes  adjudge  them  to  be  utterly  void  ,  for 
when  an  aft  of  parliament  is  againft  common  right  and  reafon^ 
or  repugnant  or  impoffible  to  be  performed,  the  common  law 
Ihall  controul  it,  and  adjudge  it  to  be  void,  and  therefore  8  E. 
3.  30  Thomas  Tregor's  cafe  upon  the  ftatute  of  W.  2. 
Cap.  38.  and  Art.  Sup.  Chart,  g.  Herle  faid  that  fometimes 
ftatutes  made  contrary  to  law  nnd  right,  which  the  makers 
of  them  perceiving  will  not  put  them  in  execution,  8  Rep. 
1 18  Hill.  7.  J.  Dr.  Bonham's  cafe. 


' 


P.w 


(HI) 

the  people,  have  a  right  to  do  as  they  pleafe. 
In  other  words,  that  thofe  who  are  inverted 
with  power  to  protect  the  people,  and  fup- 
port  their  rights  and  hbertics,  have  a  right  to 
make  flaves  of  them.  This  ivS  not  very  remote 
from  a  flat  contradidlion.  Should  the  parlia- 
ment of  Great-Britain  follow  the  example  of 
fbme  other  foreign  dates*,  and  vote  the  King 
abfolute  and  defpotic ;  would  fuch  an  a(5l  of 
parliament  make  him  fo  ?  Would  any  mini- 
fter  in  his  fenfes  advife  a  Prince  to  accept  of 
fuch  an  offer  of  power  ?  It  would  be  unfafe 
to  accept  of  fuch  a  donation,  becaufe  the  par- 
liament or  donors  would  grant  more  than  wasi 
ever  in  their  power  lawfully  to  give.  The  law 
of  nature  never  inverted  them  with  a  power  of 
furrendering  their  own  liberty  -,  and  the  peo- 
ple certainly  never  intrurted  any  body  of  men 
with  a  power  to  furrender  theirs  in  exchange 

for  flaveryf. 

■    :     .       -ft 


*  Sweden,  Denmark,  France,  &c.  ■   I 

t  **  But  if  the  whole  ftate  be  conquered,  if  the  nation  bd 
fjbdued,  in  what  manner  can  the  vidlar  treat  it  without  tranf- 
^reffiiig  the  bounds  of  juftice  ?  What  are  his  ri{»hts  over  th« 
conqufft  ?  Some  have  dared  to  advance  this  monllrous  princi- 
ple, that  the  conqueror  is  abfolute  mafter  of  his  conqueft  ; 
that  he  may  difpofe  of  it  as  his  property,  trea:  it  as  he  pleafes, 
accordino-  to  the  common  exprefli  )n  of  treat  if!  .^  a  ftate  as  a  con* 
quered  country  ;  and  hence  they  derive  one  of  the  fources  of  def- 
potic government :  but  enough  of  thofe  th^t  reduce  men  to  the 
llate  of  transferable  goods,  or  ufe  them  like  beads  of  burthen, 
who  deliver  them  up  as  the  property  or  patrimony  of  another 
man.  Let  us  argue  on  principles  countenanced  by  reafon  and  be- 
coming humanity.  The  whole  rij^ht  of  the  conqueror  proceeds 
from  the  juft  defence  of  hiKifelf,  which containa  the fuj^ port  and 

pro- 


(    1^2     ) 

It  is  now  near  three  hundred  year^  iincd 
the  continent  of  North-America  was  firft  dif* 
covered,  and  that  by  Britifli  fubjedts.*  Ten 
generations  have  pafl'ed  away  through  infinite 
toils  and  bloody  conHidls  in  fettling  this  coun- 
try. None  of  thofe  ever  dreamed  but  that 
they  were  intitled,  at  leaft,  r"»  equal  privileges 
with  thofcj  of  the  fame  rank  jorn  within  the 
reahn. 

Britifh  America  has  been  hiiherto  diftin- 
guilhed  from  the  ilavidi  colonies  around  about 

it. 


i 


profecution  of  his  rights.    Thus  when  he  has  totally  fubdued 
i  nation  with  whom  he  had  been  at  war,  he  may  without  d\{» 
}>ute  caufe  julHce  to  be  done  him,  with  regard  to  what  gave 
rife  to  the  war,  and  require  payment  foi*  the  e^^pence  and  da- 
mage he  has  fui  aincd  ;  he  may  according  to  the  exigency  of 
the  cafe  impofe  penalties  on  it  as  an  example,  he  may,  fhould 
prudence  fo  didate,  difable  it  from  undertaking  any  pernicious 
defigns  for  the  future.     But  in  fecuring  all  thefe  views  tbd 
xnildeft  means  are  to  be  preferred.     We  are  always  to  remem*- 
ber,  that  the  law  of  nature  permits  no  injury  to  be  done  to  ah 
enemy,  unlefs  in  taking  meafures  neceflary  for  a  juft  defence, 
and  a  reafonable  fecurity.     Some  princes  have  only  impofed  a 
tribute  on  it ;  others  have  been  fatisfied  of  ftriping  it  of  fome 
privileges,  difmembeiing  a  province,  or  keeping  it  in  awe  by 
lortrefles  ;  others  as  their  quarrel  was  only  with  the  fovereign 
in  perfon,  have  left  a  nation  in  the  full  enjoyment  of  a!I   its 
rights,  only  fetting  a  fovereign  over  it.     But  if  the  conqueror 
thinks  proper  to  retain  the  fovereignty  of  the  variquiflied  Hate, 
and  has  fuch  a  right;  the  manner  in  which  he  is  to  treat  thd 
ilate  ftill  flows  from  the  fame  principles.     If  the  fovereign   be 
only  the  juft  objeft  of  his  complaint,  reafon  declares  that  by 
his  conqueft  he  acquires  only  fuch  rights  as  aftually  belongecf 
to  the  dethroned  fovereign,  and  on  thefubmiffionof  his  peopld 
he  is  to  govern  it  according  to  the  laws  of  the  ftate.     Ifthd 
people  do  not  voluntarily  fubmit,   the  ftate  of  war  fubfifts.'* 
**  When  a  fovereign  as  pretending  to  have  the   abfolute  dif^ 
pofal  of  a  people  whom   he  has  conquered,  is  for  inflaving 
them,  he  caufes  the  ftate  of  war  to  fubfift  between  this  people 
and  him."  .  Mr.D'  Vattel,  B.  3.  C.  10.  fee.  201. 

*  The  Cabots  difcovercd  the  Continent  bcfors  the  Spaniards, 


I* 

te 
at 

10 


>» 


( 113) 

Jf,  as  the  fortunate  Britons  have  been  from 
rnoft  of  their  neighbours  oa  the  continent  df 
Europe.  It  is  for  the  intereft  of  Great- Bri- 
tain that  her  colonies  fhould  be  ever  thus  di- 
ftingui(hed.  Every  man  muft  wilfully  blind 
himielf  that  don't  fee  the  immenfe  value  of  our 
acquiiitions  in  the  late  war ;  and  that  though 
We  did  not  ritain  all  at  the  ccnclulion  of  the 
peace  that  we  obtained  liy  the  fword  j  yet  our 
gracious  Sovereign,  at  the  fame  time  that  he 
has  given  a  divine  leffbn  of  equitable  mode- 
ration to  the  princes  of  the  earth,  has  retained 
fufficient  to  make  the  Britifh  arms  the  dread  of 
the  univerfe,  and  his  name  dear  to  all  poftcrity. 
To  the  freedom  of  the  Britidi  conftitution* 
and  to  their  increafe  of  commerce,  it  is  owing 
that  our  colonies  have  flourirtied  without  di- 
mlnifhing  the  inhabitants  of  the  mother  coun- 
try ;  quite  contrary  to  the  efFe(fts  of  planta*- 
tions  made  by  moft  other  nation^,  which 
have  fuffered  at  home,  in  order  to  aggrandize 
themfelves  abroad.  This  is  remarkably  the 
cafe  with  bpain.  The  fubjcdls  of  a  free  and 
happy  conftitution  of  government,  have  a 
thoufand  advantfiges  to  colonize  above  tliofe 
who  live  under  defpotic  princes.  We  fee  how 
the  Britifli  colonies  on  the  continent,  have 
out-grown  thofe  of  the  French,  notwithftand- 
ing  they  have  ever  eng  iged  the  S  ivages  to 
keep  us  back.  Their  advantages  over  us  in 
the  Weft-Indies  are,  among  other  caufes  per- 
haps, partly  owing  to  thete,  i.  A  capital  neg- 
lect in  former  reigns,  in  fjftering  them  to 
have  a  firm  poflclTion  of  fo  many  valuable 
iflands,  that  we  had  a  better  tide  to  th^n 
they.     2.  The  French  unable  to  puih  their 

Q_  fet- 


It 
ill 


§1 


§:!■ 


(  iM  )      .    . 
fettlements  effectually  on  the  continent,  have 
bent   their  vicv*^s   to  the  illands,  and  poured 
vaft   numbers   into   them,     3.  The   climate 
and  bufinefs  of  thefe  iflands  is  by  nature  much 
better  adapted  to  Frenchmen  and  to  Negroes, 
than    to  Britons.     4.  The  labour  of  llaves, 
black  or  white,   will  be  ever   cheaper   than 
that  of  freemen,  becaufe  that  of  the  individu- 
als among  the  former,   will  never  be  worth 
lb  much  as  with  the  latter  ;  but  this  difference 
is  more  than  fupplied  ;  by  numbers  under  the 
advantages  abovcmentioned.  The  French  will 
ever  be  able  to  fell  their  Weft-India  produce 
cheaper  th.m  our  own  iilanders :  and  yet  while 
our  own  iilanders  can  have  fuch  a  price  for 
theirs,  as  to  grow  much  rieher  than  the  French, 
or  any  other  of  the  King's  fubje£ts  in  America, 
as  is  the  cafe,  and  what  the  northern  colonies 
take  from  the  French,  and  other  foreign  iflands, 
centers  finally   in  returns  to  Great-Britain  for 
her  manufactures,  to  an  immenfe  value,  and 
^I'ith  a  vaft  profit  to  her  :  it  is  contrary  to  the 
lirft  principles  of  policy   to  clog  fuch  a  trade 
with    duties,    much    more  to   prohibit   it   to 
the  rifque  if  not  certain  deftrucSlion  of  the  fifh- 
ery.     It  is  allowed  by  the  moft  accurate  Bri- 
tilh  writers  on  commerce,  Mr.  Poftlethwait 
in  particular,  who  feems  to  favour  the  caufe 
of  the  fugar  iilands,  that  one  half  of  the  im- 
mCnfe  commerce  of  Grdat-Britain  is  with  her 
colonies.     It  is  very  certain  that  without   the 
iifhery  feven-eights  of  this  commerce  would 
ceafe.     The  fi(hery  is  the  center  of  motion, 
upon  which  the  wheel  of  all  the  Britifli  com- 
merce in  America  turns.     Without  the  Ame- 
rican trade,  would  Britain,  as  a  commercial 

Aate, 


|ve 

id 
Ite 
:h 
:s, 

;s, 
lan 

th 

ce 


(  "5  ) 

ftate,  make  any  great  figure  at  this  day  in  Eu- 
rope ?  Her  trade  in  woollen  ;ind  other  manu- 
failures,  is  faid  to  be  leflening  in  all  parts  of 
the  world,  but  America,  where  it  is  increaf- 
ing,  and  capable  of  infinite  incrcafc,  from  a 
concurrence  of  every  circumftance  in  its  fa- 
vour. Here  is  an  extenfive  territory  of  dif- 
ferent climate?,  which  in  time  will  confumc, 
and  be  able  to  pay  for  as  many  manufatflures 
as  Great-B'-itain  and  Ireland  can  make,  if  true 
maxims  are  purfued.  The  French,  for  rea- 
fons  already  mentioned,  can  underwork,  and 
confequently  underfell  the  Englifti  manufac- 
tures of  Great-Britain  in  every  market  in  Eu- 
rope. But  they  can  fend  none  of  their  ma- 
nufa(ftures  here  j  and  it  is  the  wi{h  of  every 
honeft  British  American  that  they  never  may; 
it  is  beft  they  never  (hould  ;  we  can  do  better 
without  the  manufa(5lures  of  Europe,  fave 
thofe  of  Great- Britain,  than  with  them  :  But 
without  the  French  Weft-India  produce  we 
cannot  j  without  it  our  fi(hery  muft  infallibly 
be  ruined.  When  that  is  gone,  our  own 
iflands  will  very  poorly  fubfift.  No  Britifh 
manufactures  can  be  paid  for  by  the  coloniftp. 
What  will  follow  ?  One  of  thefe  two  things, 
both  of  which  it  is  the  intereft  of  Great-Bri- 
tain to  prevent,  i ,  The  northern  colonifts 
muft  be^content  to  go  ilaked,  and  turn  Savages; 
or,  2.  Become  manufadurers  of  linen  and 
woollen,  to  clothe  themfelves;  which,  if  they 
cannot  carry  to  the  perfection  of  Europe,  will 
be  very  Jcitrudtive  to  the  interefts  of  Great- 
Britain.  The  computation  has  been  made, 
and  that  within  bounds,  and  it  can  be  de- 
monftratcd,    that  if  North- America  is   only 

O   2  driven 


•4 

I 


m 

nitf 


(I'M 

driven  to  the  fatal  neceflity  of  manufadluring 
a  luit  of  the  moft  ordinary  linen  or  woollen 
for  each  inhabitant  annually,  which  niay  be 
foon  done,  when  neceflity,  the  mother  of 
invention,  fliall  operate,  Great-Britain  and 
Ireland  will  lofo  two  m'llions/>^r  annutrit  be- 
fides  a  dim'nution  of  the  revenue  to  nearly  the 
fame  amount.  This  may  appear  paradoxical, 
bi't  a  'ew  years  experience  of  the  execution  of 
the  iiigar  adl,  w';ll  fufliciently  convince  the 
parliiment  not  only  of  the  inutility,  but  de- 
ilrrCtive  leniency  of  it,  while  calculations 
nii'V  be  little  attended  to.  That  the  trade 
with  ihe  col  nies  has  been  of  furprizing  ad- 
vantage to  Great-Britain,  notwithllanding  the 
want  rf  a  good  regulation  is  paft  all  doubt. 
Grva»-B  itain  is  well  known  to  have  increafcd 
prodigioufly  both  in  numbers  and  in  wealth 
lince  uie  began  to  colonize.  To  the  growth 
of  the  plantations  Britain  is  in  a  great  mea- 
fure  indebted  for  her  prefentrichesandftiength. 
As  the  wild  waltes  ot  America  have  been  turn- 
ed into  plealant  habitations,  ard  flourishing 
trading  towns ;  fo  many  of  the  little  villages 
and  obfcure  U  roughs  in  Grcac- Britain  have 
put  on  a  new  face,  and  fuddenly  ftartcd  np, 
and  become  fair  markets,  and  manufadluring 
towns,  and  opulent  cities,  London  Ultilf, 
which  bids  fair  t)  be  the  metropolis  of  the 
world,  is  live  times  more  populous  than  it  was 
in  the  days  of  Queen  Elizabeth.  Such  are  the 
fruits  cf  the  fpirit  of  commerce  and  liberty. 
Hence  it  is  manifeft  how  much  we  all  owe  to 
that  bcdutif'il  form  of  civil  government,  under 
whi'  h  we  have  the  happincls  to  live. 

It  IS  evidently  the  intcrell",  and  ought  to  be 

the 


T 


e» 


T 


(  "7) 

the  care  of  all  thore  intrurted  with  the  admini- 
ftration  of  government,  to  fee  that  every  part 
of  the  Britifli  empire  enjoys  to  the  full  the 
rights  they  are  intiiled  to  by  the  laws,  and  the 
advantages  which  refult  from  their  being  main- 
tained with  impartiality  and  vigour.  This  we 
have  feen  reduced  to  pradicc  in  the  prefent 
and  preceding  reigns ;  and  have  the  higheft 
leafon,  from  the  paternal  care  and  goodneff, 
that  his  Majefty,  and  the  British  parliament, 
have  hitherto  been  gracioufly  pleafed  to  dif- 
cover  to  all  his  Majefty's  dutiful  and  loyal  fub- 
jedls,  and  to  the  colonifts  in  particular,  to  reft 
fatisfied,  that  our  privileges  will  remain  facrcd 
and  inviolate.  The  connedlion  between  Great- 
Britain  and  her  colonies  is  fo  natural  and  ftrong, 
as  to  make  their  mutual  happinefs  depend  upon 
their  mutual  fupport.  Nothing  cau  tend  more 
to  the  deftrudlion  of  both,  and  to  forward  the 
meafures  of  their  enemies,  than  fovving  the 
feeds  of  jealoufy,  animofity  and  did'ention  be- 
tween the  mother  country  and  the  colonics. 

A  convi6lion  of  the  truth  and  importance  of 
thefe  principles,  induced  Great-Britain  during 
the  late  war,  to  carry  on  fo  many  glorious  en-» 
tei  prizes  for  the  defence  of  the  colonies ;  and 
thole  on  their  part  to  exert  themfelves  beyond 
their  ability  to  pay,  as  is  evident  from  the  par- 
liamentary reimburftments. 

If  the  fpirit  of  commerce  was  attended  to, 
perhaps,  duties  would  be  every  where  de- 
creafed,  if  not  annihilated,  and  prohibitions 
multiplied.  Every  branch  of  trade  that  hurts 
a  community,  fliould  be  prohibited,  for  the 
fame  reafon  that  a  private  gentleman  would 
break  ofF  commerce  with  a  (harper  or  an  ex- 

torfive 


!!!';., 


rr 


fti:^ 


( M^  y 

torfive  ufurer.     le  is  to  no  purpofe  to  higgi,. 
with  fuch  people,  you  are  fure  to  lofe  by  them. 
It  is  exadlly  lb  with  a  nation,  if  the  balance 
is  againft  them,  and  they  can  pofTibly  fibfift 
without  the  commodity,  as  they  generally  can 
in  fuch  cafes,  a  prohibition  is  the  only  remedy  j 
for  a  duty  in  fuch  cafe,  is  like  a  compofuion 
with  a  thief,  that  for  five  (hillings  in  the  pound 
returned,  he  fliall  rob  you  at  pleafure  j  when, 
if  the  thing  is  examined  to  the  bottom,  you 
are  at  five  (hillings  expence  in  travelling  to 
get  back  your  five  (hillings,  and  he  is  at  the 
fame  expence  in  coming  to  pay  it,  fb  he  robs 
you  of  but  ten  (hillings  in  the  pound,  that  you 
thus  wifely  compound  for.     To  apply  this  to 
trade,  I  beUevc  every  duty  that  was  ever  im- 
pofed  on  commerce,  or  in  the  nature  of  things 
can  be,  will  he  found  to  be  divided  between 
the  ftate  impofing  the  duty,  and  the  country 
exported  from.    This,  if  between  the  feveral 
parfs  of  the  fame  kingdom  or  dominions  of  the 
fame  Prince,  can  only  tend  to  embarrafs  trade, 
and  raife  the  price  of  labour  above  othei  ft^tes, 
which  is  of  very  pernicious  confequence  to  the 
huibandman,  manufacturer,  mariner  and  mer- 
chant, the  four  tribes  that  fupport  the  whole 
hive.     If  your  duty  is  upon  a  commodity  of  a 
-foreign  ftate,  it  is  either  upon  the  whole  ufe- 
ful   and  giinful,  and   therefore  nece(rary  for 
the   hulbindman,    manufadlurer,  mariner   or 
merchant,  as   finally  bringing  a  profit  to  the 
ilate   by   a  balance  in  her  favour  ;   or  the  im- 
portation   will   work  a  balance   againft  your 
ftate.    Th^^re  is  no  medium  that  we  know  of. 
If  the   commodity  is  of  the  former  kind,  it 
fhould  be   prohibited  j  but  if  the  latter,  im- 
ported 


1 


i 


1 


(  "9  ) 

ported  duty  free  ;  unlefs  you  would  raifc  the 
price  of  hbour  by  a  duty  on  necellaries,  or 
make  the  above  wife  compofition  for  the  im- 
portation of  commodities  you  arc  fure  to  lofe 
by.  The  only  teft  of  a  ufeful  commodity  is 
the  gain  upon  the  whole  to  the  ftate ;  fuch 
fhooid  be  free  j  the  only  teft  of  a  pernicious 
trade  is  the  lofs  upon  the  whole,  or  to  the 
commanity ;  this  fhould  be  prohibited.  If 
therefore  it  can  be  demonftrated  that  the  fugar 
and  molaffes  trade  from  the  northern  colonies 
to  the  foreign  plantations  is  upon  the  w.bo/e  a 
lofs  to  the  commzinify,  by  which  term  is  here 
meant  the  three  kingdoms  and  the  Britifh  do- 
tninions  taken  colle(5tively,  then,  and  not  till 
then,  (hoiild  this  trade  be  prohibited.  This 
never  has  been  proved,  nor  can  be  *,  the  con- 
trary being  ceitain,  to  wit,  that  the  nation 
upon  the  whole  hath  been  a  vaft  gainer  by 
this  trade,  in  the  vend  of  and  pay  for  its  ma- 
nnfadnres ;  and  a  great  lofs  by  a  duty  upon 
this  trade  will  finally  fall  on  the  Britifli  huf- 
bandman,  manufadurer,  mariner  and  mer- 
chant, and  confequentlly  the  trade  of  the  na- 
tion be  wounded,  and  in  conftant  danger  of 
beirtg  eat  out  by  thofe  who  can  underfell  her. 
The  art  uf  under feHing,  or  rather  of  finding 
means  to  underfell,  is  the  grand  fecret  of  thrift 
among  commercial  ftates,  as  well  as  among 
individuals  of  the  fame  ftate.  Should  the 
Britiili  fugar  iflands  ever  be  able  to  fupply 
Great  Britain  and  her  northern  colonies  with 
thofe  articles,  it  will  be  time  enough  to  think 
of  a  total  prohibition  j  but  until  that  time, 
both  prohibition  and  duty  will  be  found  to  be 
diametrically  oppofue  tc  the  firft  principlc«of 

policy. 


a; 


# 


*(  I2;b  ) 

..policy.  '  Such  the  extenj  of  this  continent^ 

.and  the  increafe  of  its  inhabitants,  thatifevefy 

^^inch  of  the  BritKh  fugar  iflands  was  as  well 

^cultivated  as  any  part  of  Jamaica  or  Barbadoes:* 

fihey  would  not  now  be  able  to  fupply  Great- 

,  Britain,  and  the  colonies  on  this  continent. 

;  B'Jt  before  fuch  farther  improvements  can  he 

.  fuppofed  to  take  place  in  our  iflands,  the  de- 

*.mands  will  be  proportionably  increafed  by  the 

►increafe  of  the  inhabitants  on  the  continent. 

.Hence  the  reafon  is  plain  why  the  British  fu- 

,gar  planters  are  growing  rich,  and  ever  will, 

j^beca«fe  the:deii|j|o4  for  their  produce  has,  and 

'.ever  will  be.  greater  than  they  can  poiTibly 

•fapply,  fo  long  as  the  Englifli  hold  this  coiv 

tinent,  and  are  unrivalled  in  the  fifliery. 

. .    W!?  have  every  thing  go  id  and  great  to  hope 

l^f pin  our  gracious  Sovereign,  his  Miniftry  and 

*,&s.Pafliament ;  andtruil  that whei]f  th^e  feryices 

xJiTid  fuflbrirgs  of  the  Pfitiih  Americain  cplonifcs 

^are  fully  Jinpwn  to  the  mother  country,;  .ai^ 

/jbe  n^turerani.  importance  of  tae  plantation 

^.txaxk  ^ore^ffecSlly  underftood  at  hpme,  that 

jihe.lnpft^effe^ftual  meafures  wil!  be  taken  for 

'^ecpstua^ng  the  British  empire  in.,all  parts  of 

ihc^^iidh    An  empire  built  upon  the  prin- 

cij^esofjuftice,.  moderation  ap4  ecjuity,  the 

jpnly  |)rinciples  tl^t  can  makca  ftat^  flo'uriflx- 

Jng;,  and  enable  it' to  elude  the  macHinatiojts 

lof  itsfccret  and  inveterate  enemies. 


■/*.6\  fiy  antient  and  modern  gods,  F.  jo,  .1  mean,"  «11  ic|6l5, 
from  thole  of  Old  Egypt,  to  the  canonized  monfters  o£  mo- 
dern Rome;  and  by  ktng-craft  arid  "pHdft-craft,  civil  and 
ccclefitftic  polity*  as  adminHlc^rcd  in  g6L-/»r  till  the  revo- 
lution. I  now  recoHeft  that  i  have  been  credibly  informed 
th%t  the  Biiiifli  Sugar  colonifis^ are   humane  .  towards    their 

i''  with  the  others.     TheMfbr?  in  page 
tareign  Sugar-lflandefs  (ind   foreign 

■i    f    I    ^'        ■        r  


"if* 


es,  in  CO 


A 

ftp,  let  it  be 

Cycles. 


II 


1^ 


i>ri 


j«:t>> 


4- 


* 


le 
is 


Is, 

10- 

nd 

ro- 

icd 
i 

eir 

ige 


i 


n 


I'M.