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Full text of "An answer to the Declaration of the American Congress [microform]"

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T O T H E 



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OF THE 



* AMERICAN CONGRJESS. 



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A N S W E R 






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TO THE 



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DECLARATION 






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OF T H E 



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• '.•^ VI 



AMERICAN CONGRESS. 



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Jlpopolv, mtlfe veltt grida 

Viva la/ua m«rtt, mtuia la/ua vita. 

If urn banc refVfret fftatiam ? Num vitm ertpiura/tt illi, qum 
' V ^itun ipji dtdtrit ? 



LONDON: 

tl'rinted for T. Caoell in the^trand j J. Walter, Charing. 
^ _ jxx&\ and T. SfWEtLruear the Royal Exchange, 

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INTRODUCTION. 



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ILL would it become the dignity of an infulted Sove- 
reign to defcend to altercation with revolted fub- 
je^s. — This would be to recognife that equality and 
independence, to which fubjedls, perflfting in revolt, 
cannot fail to pretend. — 111 would it become the policy 
of an enlightened Sovereign to appeal to other ftates 
on matters relatinc; to his own internal government. 
—This would be to recognife the right of other ftates 
to interfere in matters, from which all foreign inter- 
position (hould for ever be precluded. 

To thefe conflderations it is, we muft attribute the 
negle£l with which the Declaration of the American 
Congrefs has been treated by the Government of Great 
Britain. £afy as it were, and fit as it may be, to 
refute the calumnies contained in that audacious paper, 
it could not be expe«£led that his Majefty or his 
Minifters (hould condefcend to give it any anfwer. 

But that anfwer, which neither a fenfe of dignity, 
fior principles of policy, will allow the Sovereign to 
give, may yet be furnilhed by the zeal of any well- 
afFefled fubjeft. 

For, after all, what are the Members of this mighty 
Congrefs? With whatever titles they may dignify 



A Sorereiga 
cannot enter 
into alter- 
cation with 
revolted fiib- 



rfcJ- 



A3 



their 



Hence tbe 

negled 
Aewn hy 
Government 
to the De- 
claration of 
the Con- 
grefi. 



it may bt 
anfwered by 
an indivi- 
dual. 



The Mem- 
bers of the 
Coagrefi an 



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if. 



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but fiiTpIe 
individual!. 



Were they 
more, ftill 
a fimple in- 

migh' an* 
fwer (hein> 



INTRODUCTION; 

their fclves, in refpe^t to us at lead, they are but 
fitnple individuals. 

Were they moi-e,yet, in this country, themeafures 
even of Government are open to the examination of 
every fubje<n:. The right of cenfuring what they dif- 
approve, the partifans of America have exercifed, 
and ftill exercife, without fcruple and without fhame. 
They will not furely deny to me thp right of defend- 
ing what I approve. Here at leaft they will not be 
backward in acknowledging, that it is no mean advan~ 
tage, which we dfHve from the happy form of our Con- 
flitution, that private individuals are competent to thofe 
tafks, which, under more jealous governments, can 
be executed only by officers commilHoned for the pur- 
pofe. Here at leaft they will allow that an infult 
oftered to every man may be repelled by any man '. 

And 



/ 






the prffs in 
America 



\{ 



Total de- ' ' ^'■y ^""^ ^^^y ^" acknowledge this* Not fo !n that unhappy 

{fruAionof country, over which thefe aflerfors of liberty have alTumed jurifdiflion. 
Iti^'i!*",'^"^ /f««, fo much as to think of doing any thing to impair the liberty of the 
prefs, is reprefented asthemoft atrociout tyranny. There, this liberty, 
has been utterly deftroyed. And when was it deftroyed? Did thefe 
' men wait till they were already under the irritation of long continued 
. and reciprocal hoftilities ? No. It was at a time of pretended Offering f 

and pretended ^|]/i«»(f. It was one of the firft />rfW<rr to the executioii 
of their defign. 
effefted at So fore were they, fo confcioui, from the very beginning, of their guilty 

the begin- that in the midft of a peopie, groaning, as they would have it believed, 
cvateft. " under the prefliire of injuries, then adually inflifting on them by the 
hands of unrelenting tyrants ; they dar d not leave the people at large 
■ to exprefs their real feelings ; they dared not leave the channelt of con- 
viftion open. To their own party alone was referved the privilege of 
exprcffing their fentimentSr To them only the prefs was open. To their 
• • * opponents 5 to thofe whom they hut fuffeffed of oppofition, it was ir- 

revocably fliut. Whatever could be faid to blacken the defigns, mif-ftate 
the words, mifreprefent the aftions, of the latter, was received with 

cagernels. 



r 



# 



/ 



tNTRODUCTIO>li 

> And furely thti Declaration of tUe JfriericaH Cbri- 
grefs is an infult offered to every one v/ho bears the 
name 6{ Briton, For in confidering the piefentcon- 
ieft between Great Britain and America, it is a truth 
^bich deferves our peculiar attention, and which 
therefore cannot be too often repeated, nor too ftrong- 
ly inculcated, that the difpute is not, nor ever has it 
heenj between his Majtfty and the tohoUy or any part^ 
bf his fubje^ls. The difputfe is clearly between one part 
of his fubjelts and another. The blow given by the 
Congrefs appears indeed to be levelled at his Majejiy } 
but the wound was intended for us. 

For let us feparate in idea, fo far as they can be The King 
ieparated, the interefts of the King from thofe of his \*^,^^'!^: 
fubje£ls: And let usj for the fake of argument, fuppofe ""ft «« 
— what Itruft we ihall hereafter moft fully difprove,— 
that the prefent conteft took its rile from a claim fet up 
by Parliament to the exerci(e of uncpnftitutional, 
unprecedented power over the Colonies : What in this 
cafe had his Majefty to gain by fupporting the claitii 



The Deda. 
ration of the 
Congrr fs ra. 
ther levelled 
againft the 
Brl'ift) fub' 
jiEis tliin 
againl^ hit 
Maiefty :^ 
as the ctSr* 
puti* is not 
Detwcen ktm 
and his Tuba 
je£ts, but 
between his 
Briti/h and 
American 
fubjefti. 



{ 






ii 



feagernefs^ and circulated with unremitting laboilr. Private confidence 
tvas violated } even tbift was committed to get at letters and documents^ 
tvhich, obtained in fu bafe a manner, were firft garbled, and in that 
tndtilated flat6, fent forth into the world as damning proofi of dark 
tfefigns, which never had been formedt But not a fyllablc would they 
ftlfter tu be made public that could tend to the exculpation of the object 
«f their fury. Thefe were not to be endured if they attempted to juftify, 
fcarceljr even if thejr attempted only to deny, the charges. Two roesk 
there were and but two f, who dared to exercile, or fo much ai to avow 
the intention of exercifing their employment with any degree of impar- 
tiality; What was their fate ? The one f«w his houfe broken open, hit 
^prn rei%ed, his implements deftroyed, or carried off} both were driven 
•ut of the country by a£tual violence, and the dread a/ thrMtened aUaf- 

fi&ationt 

f Rivingtoo> and Mien« i 

A 4 tf 



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He could 
not have in 
view an ac- 
ceflion of 
now power ; 



nor an ae- 

quilition of 
new re> 
venues. 



INTRODUCTION. 

of Parliament ? How would he have advanced any 
feparatt intacft by it. Was it by an acceffion of new 
power ? Was it by an acquifition of new revenues ? 
By one or other of thefe, if by any way, muft he ad- 
vance his own feparate interefts. 

There are but two ways in which the King could 
acquire new power. Either he muft aflume to his 
k\f the cxercife of thofe powers, which are now exer- 
cifed by the other conftituent branches of the fovereign- 
ty; or he muft take ofF the reftraints, under which 
he exercifes the powers he already has. Far, I am 
Aire, is it beyond the ken of my difcernment, to dif- 
cover how, by increaflng the power of Parliament,— 
and by this fuppoHtion the power of Parliament was 
to be increafed — his M^efty was to be enabled, or 
fhould have expected that he would be enabled, to feize 
into his own hands the powers which were exercifed, 
or take ofF the reftraints impofed, by that very Parlia- 
ment. ... , 

Was it an acquifition of new revenues, which his 
Majefty could propofe to his felf by the fuccefs of this 
conteft? Surely not. Whether his Britifli fubjedls 
continued to bear — as hitherto they had borne — al- 
moft the whole of the common burdens of the ftate : Or 
whether his American fubje6ls contributed a part, — 
and a fmall part only was expefted— of their propor- 
tion, would have made no alteration in the ftate of his 
revenues. Were the Americans to pay what was de- 
manded — fuppofing always the Parliament alone to 
aflefs the proportion to be paid by the Britiih and A- 
mcrican fubjefts — he would not receive more : — Were 
they not to pay, he would not receive ///}. 



u 



'i I 



INTRODUCTION. 



In the event therefore of this conteft— let us again 
repeat it - not the feparate intirejis of his Majejiy^ but 
thofe of his Britijh fubjt^s art involved. If the iVmcri- 
cans infult him by groundlefs complaints of his govern- 
ment, it is becaufe he ajferted our rights: — if they 
have dared to renounce all allegiance to his Crovn, it 
is becaufe he determined not to give up our rights ^, 

The general charge brought againft his Majefty, 
in this audacious paper, is, that " the hijlory of his 
*' reign is a hifhry of repeated injuries and ufurpations ; 
** all having in dire£l objeSi the efiablijhment of an ab- 
** ftlute tyranny over" — what they call — " thefejlates" 
—what we fhoulJ call — his Majefty's fubjedts in 
America. , ' ^ 

In fupport of this atrocious charge certain maxims 
are advanced ; a theory of Government is eftablifhed ; 
and what the Authors of the Declaration call Fa£is^ 
are fubmitted, as they tell us, to " the candid world" 

These maxims, this theory, and thefe fa£ts we 
are now about to examine. We (hall begin by the 
faSis. Ana to ftate them more clearly, the feveral 
charges are numbered j and divided into fo many 
feparate Articles. They are given in the order in 
which they ftand in the Declaration ; and each 
conAdered apart. But as there is a ftudied confuAon 



Hi»Ma]efly 
infuitcd for 
.nporting 
o<ir in-- 
vttt&t. 



The general 
iharge 
brought a- 
{!ainft hit 
Majeiiy. 



Proofi al- 
leged in fup* 
port of the 
charge. 



Methcd ohm 
ft rved in the 
exarrinatidn 
of the pre- 
tended 
proofs, hf 
which this 
charge it 
fupported* 



k Thli has been expreftly acknowledged bjr the Author of Common 
Senfe. A book which has been in feme fort adopttd by the Congrefs ; 
■lany of the moft ftriking paiTiges of the Declaration briing borrov^ed 
fiom it. The charge there alleged ag:iinft the King is— <' Thm be has 
** undertaken in his own right, to fuf>f>ort the Parliament in what be calls 
** theirs.^* " It is by this «m*/fr*/iafl"— adds the Author, and the 
Declarition adopts the phrafe,— ■* that the good feoflt of America are 
** iritvtnjiy QppreJJed*' [Intr04ud^ioa.J , .. ., 

' 9 in 



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ihrtRODi/GtidN* 



' . in tliat arrangement, it was thought right to fubjolii 
a fliort, but general, Review of the whole ; in which 
the maxims and the theory are examined j and the 
grievances alleged are clafTed under their refpe£tiv^ 
heads. And under certain heads the Congrefs would 
no doubt have clafTed them ; if confcious of the futility 
of the charges, they had not fled to the mean refourcs 
of endeavouring to fupply by numbers, what they 
wanted in weight j to confufe where they could not 
hope to convince. 

The Crtii- MucH merit feems io have beeri afTumed 'by the 
puled to the Authors of the Declaration on account of the ** /{/- 
^f BHtil " tention','' which they profefs to have fliewn to us^ 
nation. whom for this lad time, as they inform us, they ftyle 
— ." their Britijh brethren ;" — of the ** warnings" they 
have given us:— of *' thftir appeals to our native 
<< juftice and magnanimity." And to do them juftice^ 
feme art there was in the ftdps by which they endea- 
voured to maice us their dupes j the blind injlruments of 
procuring them that independence, at which they fo long 
have aimed. — Their jirji attacks were cautious ; the 
Minijlry only were to blame : To rail at Minifters, is 
, always popular. The King was deceived | the Parlia- 

ment mifled ; the nation deluded.— In a little time 
they faw that Parliamen]t was neither to be frightened, 
nor argued into a refignationof its jufl: authority ; zni 
then Parliament came in for its (hare of culpability^ 
It encroached on the rights of the American AiTemblies. 
For they too, all at once, were become Parliaments i 
Still the King was their common Father ; the nation, 
their brethren. — Yet a little while and they faw^ that 
the King was not to be perfuaded to liften to the de- 
•eitful voice of faiSion, in preference to the fobeie' 

V advietf 



INTRODUCtlOW. n 

advicci of the great, ccmftitutional Council o^ the 
nation ; and then the King ceafed to be their father : 
Still the nation were their brethren, their friends : So 
late even as the prefent year, when war was declared 
againft the bulk of the nation, there remained yet 
many of them friends ; entitled to " applaufe and gra-^ 
*' titude for their patriotifm and benevolence ^.^^-^kt 
laft they perceived that thofe friends could not ferve 
the turn expeded of them ; could no more mif^uide 
the nation, than deceive the King and Parliament : 
And now King, and Parliament, and nation, and 
patriots, and friends, are all involved in one common 
accufation; all pointed out as objeds of one common 
odium. Still however they regret, and feelingly 
no doubt, that neither warnings, ** nor appeals,'*^ 
nor •* conjurations" have excited us to ** difavow'* 
what they ftigmatife as '* unwarrantable jurifdic 
*« tion-f*^ Ails of " ufurpation"— to liften to whA 
they caU ** the voice ofjujiice and confanguinity." That 
is, in other words, they regret moft heartily, that 
neither they, nor their emiifaries, have been able to 
prevail with us to join in their rebellion. Their hopes 
peradventure had been fanguine ; their difappointment 
therefore may b& fevere. They appealed to the 
paffions : But they had forgotten, it ihould feem, that 
there is another appeal, to which, fooner or later, 
Britons do not fail to liften — Jn appeal to goodfenfe. 

To the good fenfe of my countrvmen I venture to TheAnfwei 
appeal. To that good fenfe with confidence do I " *" 'PP**' 

. , to the good 

fubmit the following Anfwer to the Declaration, fenfe ot the 
Honeft, I am fure, it is ; I fuft, not inadequate. °*"""' 
Were the charges of " unwarrantable jurifdiftion," 
of " tyranny," of " ufurpation," fo boldly urged a- 
* Stc U>«ir Dccluation of April ift, 1776. 

I gainft 



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I 



t 



n 



INTRODUCTION. 



£ainft our rulers, fupported by proof, I fhould m^\Vf 
allow it to be the duty of every man to unite in pro- 
curing redrtfs to injured fuhjeiis : But if it appear-* 
and I truft it will appear^ that the charges are un- 
fupported, even by the ihadow of a proof, let it in 
return, be allowed to be the duty of every man t« 
unite in reducing rebellious fubjeSis to a due obedience to 
law. . _., . .v. ■'.,,. : ,., . ,.,. __ , 

Happy (hould I be, could I fuggefi: new motives 
to my fellow-fubjetSls of Great Britain, for fubmitting 
with cheerfulnefs to the burdens which muft be bor^ie, 
for concurring with zeal in the meafures which muft 
be adopted, to eSeduate this important obje£l. 

Happy fhould I be, could I contribute to efface, 
any flain, which the falfe accufations of the rebellious 
Congrefs, may have thrown on the character of a 
Prince, fojuflly entitled to the love of his fubje£b» 
and the efleem of foreign nations. 

Happy fhould I be, were it poflible to induce this 
deluded people to liften to the voice of reafon; to 
abandon a fet of men who are making t\\^m Jlilti to their 
own private ambition ; to return to their former con- 
fidence in the King and his Parliament, and like the 
Romans, when they threw off the yoke of the Decem- 
virs: — " Inde libertatis captare auram, unde fervitutem 
*' timendo Rempublicam in eumjiatum perduxere" 



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.^ I,, , 



ANSWER 



■'.,u re 






•>: t ■ ■■ < .r'-i.t 



'«;; 



A N S W E R 

. T O T H E 

^ DECLARATION 

;"•■•:■-'.■■' :^?■■' o f t he ■ '■'• ,.y •■'.,,. 

AMERICAN CONGRESS. 



ARTICLE L 

HE has refufed his affent to laws, the 
moft wholefome and neceilary for 
the public good. ' ♦' 

ANSWER. 

^od Jedit principium ttiveniens f — From the very ib give ' 

OUtfet we may judge of the candor of the Consrefs. — i?*** •" .*• 

_ . , ^ Colonial 

Let any man, unacquainted with the conftitution of lawtin;«. 
America, but afk his felf. what conclufion he would £;rfthe 
draw from the perufal of this article ? Would he not *^'"» ""** 
naturally conclude fuch to be the conftitution of ''' 

America, that the King was of neceifity a party \t^ 
every Ad of ColoAial JLegiflationi that ao Jaw could 

take 








'1 


. "-.;,' i- • 


ARTICLE 

' .'■ V ,^ I. 


1 



i 






I '11 



» .1 

p 



■» - f Ij 



( 14 ) 



ARTICLE 
I. 



The King 
retaini the 
power of 

dtj'alhwing 
their Jawii 



1 { 



\\ 



Power exer- 
cifed by all 
the King's 
predeceilbrSf 



take tffe£ft hftve any operatUn^ till the royal ai!ent wis 
obtained ? So far is this from being the cafe, that in 
every Colony, there is a complete Colonial Legiilature 
on the fpot. In the Royal Governinents, this Legiila- 
ture confifls of his Majefty's Governor, the Council, 
and Houfe of Aflembly, or Reprefentatives. By hit 
commifHon under the Great Seal, the Governor is au- 
thorifed to give the Royal Aflent to Bills prefented to 
him by the Council and Aflembly* From the moment 
of their receiving that aflent, thefe Bills become lawsy 
have all the force and effe£t of laws. In this refpe^ 
the Colonies have an advantage over Ireland. There 
a fpecial commiilion is required to empower the Lord 
Lieutenant to give the Royal Anient to each fpecific 
Bill. 

But this power of aiTenting to laws not yet framed, 
is of the mod: facred nature ; too high to be intruded 
to the difcretion of any fubjeft without fome Controul* 
The King, therefore, retains the power of difallowing all 
laws to which the Governor may have aflented, and 
thereby voiding the A<Sl, if it be found to be incon- 
fiftent with the tenor of his inftruftions, the good of 
the particular province, or the welfare of the empire 
at large. In the Colony of Maflachufet's Bay, this 
difallowance muft be fignified within three years j in 
that of Penfylvania, within fix months from the time 
that the law is prefented to the King in Council. In 
all the others without limitation of time. 

This power it exercifed by the King in Council ; 
it has been exercifed by all his predeceflbrs, from the 
firft cftablifhment of the Colonies j it is exprefsly re- 
ferved in all the Charters and Commiffions which 

T.* * , conftitute 






( IS ) 

fonftitute the Colonis^l Qovernmejits, three only e^- 
fepted'. 

To what then does this charge amount ? Do they 
mean that his M ajefty is cautious in giving his royal 
confirmation to A6ls of the Col on ial AfTemblies ? That 
he takes time to revife them ? that he waits till expe- 
rience has proved them ufeful, before he gives them 
permanence and ftability ? It was one of the ends for 
which this power was referved to the Crown. 

Do they mean, that he has a£lually difallowed fucli 
K&.S as to his judgment appeared unfit to be allowed } 
That is the other end for which the power of difallow- 
ance was veiled in the Crown. Do they complain of 
the exercife of this power ? They complain then, that 
they are not independent. To havt an uncontrolled power 
9f legtflationT, is to he independent. 



ARTICU 
I. 



To be cau« 

iii^ perrat- 
nence to 
Colonial 
Laws i , 



and to d'tf- 
allaw what 
appear not 
fit to be aU 
lowed, endt 
for which 
the power of 
difallow- 
ance was re- 
ferved to the 
Crown. 



;: : article n. . 

He has for bidden his Governor to pafs 
laws of immediate and preffing importance, 
unlefs fufpended in their operation till his 
aflent fhould be obtained ; and when (o 
fufpended, he has utterly negleded to at- 
tend to them. 

a Namely, Maryland, ConneAicut, and Rhode-Ifland. Even in 
thefe Coloniei/«« the Revolution, but mt in the fre/ent reign, haj thii 
power been exercifed. , ^ 

^: ANSWER. 



ARTICLE 






i 



;t jt 


.If* 


^^1 



1 .l 

i v\ 

M 



w 



ARTICLE 
11. 

^— — ^ * 
Two heads 
ef complaint 
contained in 
this article ; 
vie. I ft, the 
giving of in- 
firudions 
relating ;o 
a fufpending 
daufe^ 2dly, 
Negira of 
laws pad 
vrtth this 
claufe. 
Falfehood 
implied in 
the firft 
charge ; v!s. 
that in giv- 
ing thefein- 
Uruflior.s, 
Iiii Majefty 
had afliim^d 
a new pow- 
er, and in- 
troduced a 
new prac- 
tice. 

This prac- 
tice prevail, 
cd before 
the accelfion 
of the houfe 
nf Hanover. 



( 16 ) 



ANSWER. 

This article contains two diftinft charges. The 
one, that his Majefty has inftrudled his Gi)vernors, 
not to pafs certain laws, unlefs their operation be 
fufpended till his Majeily's pleafure be known. I'he 
other, that to laws pafled with this claufe of fufpen^ 
fion, his Majefty has utterly negieded to attend. 

Like the preceding one, this article is couched in tf rms 
that miflead, that imply a falfehood. For woul<^ not any 
one conclude, that in giving fuch inftru^^ion.-, his Ma- 
jefty had aflumed a new power, unexercijed by any of hi* 
predecciTors ; introduced a practice unknown in former 
reigns? To what purpofe are thefe fadls alleged ? Is 
it not to chara£terife the government of his prefent 
Majefty, to diftinguifh his condudl from that of his 
predeceflbrs ; to eftablifli tl .^ charge of ufurpation ? 

Nothing, however, can be farther from the truth. 
For upon enquiry it will appear, that this practice of 
inftruding the Governor, not to give his aflent to laws 
of a particular and extraordinary nature — and it is to 
fuch only that the cafe applies — until his Majefty could 
judge of the fitnefs and propriety of them, is fo far 
from being novel, that it was eftabliftied, and uni- 
formly prevailed, before the accefHon, not of his 
prefent Majefty, but even of his Majefty's family, to 
the throne *>. So far then as this article is brought to 
eftablifli the charge of ufurpation in his prefent Ma- 
jefty, it is abfolutely falfe. 



b The praQice was began by Queen Aimeia the year 1708, and bu 
ever fince been retained. 



I I 



ILI 



' ( *7 ) 

ts it meant to inf*nuate any objections to the mea- 
sure itfelf ? Let us fhortly expofe the nature of thofe 
inftruc^ions. And here it may be neceflary to premife, 
that the Governor of every Colony has a negative in 
the paiHng of all laws ; and that he is controllable in 
the exercife of that power, by fuch inftrudlions as he 
fhall from time to time receive from the King, under 
his fignet and fign manual, or by order in his Privy 
Council. Thofe who know the conftitution of the 
Colonies, governed under immediate commiillon from 
his Majefty — and it is to thofe only that the cafe ap- 
plies — know this to be the fa£l. This once admitted, 
it follows that there is a conftitutional power in the 
Crown, of inftrudling the Governor to refufe hisaflent 
to fuch laws, as his Majefty judges unBt to be pafled* 
By this teft then let us examine the juftice, or injudice, 
of thefe inftruCtions. 

To what bills do thefe inftruiftion^ spply t To fuch 
only as are of an extraordinary nature, afFe<Sling the 
trade and (hipping of Great Britain ; the prerogatives of 
the Crown, and the property of the fubje£ls of the em- 
pire in general. Poflible it was, that laws of this nature 
fhould be paflcd by the Colonial legiflatures. It was 
more than poifible. Such laws were paft. Frequent 
Complaints of them occur in the Journals of both 
Jhoufes of Parliament. 

Under thefe circumftances, what was to be done ? 
It was not, I fuppofe, to be endured, that heal, fub" 
ordinate legiflatures fliould pafs laws injurious to all 
the fubjefts of the empire. How then were they to be 
reftrained from the afTumption of a power, they were 
fo prone to afTume ? 

Would not the Crown have been juftified, had it 
Itcurred to the moft obvious expedient j to that which 

B V would 



ARTICLE 
IL 

" ' III ■ 

Nature of 
tbcfe in- 
firuttions. 



And of the 
bills, to 
which thejv 
apply. 



The Crown 
might di- 
rect it§ 
G vernors 
to negative 



f ^ 









1 ^ b ! 



ARTICLB 
II. 

tht(e bills 
in the firft 
ufianoe; 





or to with- 




hold their 




aflcnt tin a 


^ 1 


cofy«f fuch 


! 


fcilkbe 




tranfmitted 


\ 


to the King, 




and Mturn- 


. 


cd with the 




•oyal appw- 


) 

1 ■ ! 


bation. 



But the 
Crown em- 
power! them 
to give their 
affenC, prc- 
vidcd a 



( i8 ) 

would ^reftnt ilirelf at firft fight ? 'f\a.t expedient, 1 
mean, of direifting the Governors, in the firft inftancc, 
to refufe their aflbnt to all extraordinary bills, affeding 
the trade, or navigation, or property, of its fubjeft* 
in general } or its own juft and conftitutional pre> 
togative. Thefe points might, and perhaps not 
improperly, have been refer;'ed to the fole cognifanc6 
of ihe fupreme legiflature of the whoTe empire. But 
Government, it fhould fecm, apprehenfive, on the one 
hand, that this might, in fome cafes, bear hard on 
the Cobnies ; and unwilling, on the other, to entruft 
to the fole judgment of a local Governor, what ought 
to be fubmitted to the judgment of the King, better 
able to fee and to combine the interefts of the empire 
at large, did not adopt this expedient. ''^'*'* "r"' *" 

Still eafier muft it have been to juftify the Crown, 
had the Governors been inftruded not to aflent to any 
fuch extraordinary law, till a copy of the bill fhould 
have been tranfmitted, and the royal approbation 
obtained. But fo anxious was the Crown to guard 
againft every unneceiTary inconvenience that might 
accrue to the Colonies, that even this expedient 
was not adopted without a particular qualifica- 
tion. Had the copy of the bills been tranfmit« 
ted, they muft, when returned with the royal ap- 
probation, have waited for another aflembly ; have re- 
pafled through all the forms of being read, debated and 
approved, by the Aflembly, the Council, and the 
Governor. Much time might have been loft, and the 
operation of the law, where the law was approved, 
fufpended longer than was needful. 

To prevent this inconvenience it was, that the Go- 
vernors wete empowered to give their aflent, even to 

thefe 



■t\ ) 



( 19 ) 

thefe extraordinary bills, provided onty that a claufe 
were inferted, fufpending the operation of the law till 
his Majefty's pleafure ihould be known. 

It would not, I believe, be eafy to fix upon any 
period, where it would have been proper to have re- 
called an inftru£lion, firft fuggefted by reafons which 
were then concIuAve, and which have ever fltice been 
acquiring new force. The Colonies indeed have 
thought otherwife. Twice at leail have theyla^tlrefled 
the Britifh Houfe of Commons to intercede with the 
Crown for the very purpofe of recalling this inftruc- 
tion. « How were their petitions received ? The Jour- 
nals (hall anfwer for us. In the year 1733, in the 
fixth of George II, ** A memorial of the Counfel and 
** Reprefentatives of the province of the Maflachufct's 
** Bay was prefented to the Houfe and read ; laying 
•* before the houfe the difficulties and diftrefTes they 
*• laboured under, arifing from a Royal Inftrudlion, 
•* given to the Governor of the faid province, in re- 
** lation to the iflliing and difpofing of the public 
*« monies of the faid province : And moving the Houie 
** to allow their agent to be heard by counfel upon 
«* this affair: Reprefenting alfo the difficulties they 
** were under from a Royal Inftruftion, given as 
** aforefaid, reftraining the emiffion of bills of credit : 
•* And concluding with a petition, that the Houfe 
•* would take their cafe into confideration and become 
•« intcrcejfors for them with his Majefty, That he 
** would be gracioufly pleafed to withdraw the faid 
** Inftruftions, as contrary to their Charter, and tending, 
«< in their own nature^ to diftrefs, if not ruin, 
« themV ' 



ARTICLE 
II. 

claufe be 
inrerted, 
fufpeiKliiii 
the opera- 
tion till the 
Kind's plea* 
fure be 
knuwn. 
Attempts of 
the Cnloii 
nies to have 
thii inHruc- 
tjon reca^l- 
c^, in the 
ycai 1733. 



if: I 



I ! 



A i 



I 



1 • .?» 



■ 



^ e Sfe Comm. Journ, vol. xxii, p. 145, 

B 2 



What 



ii 



I :" 



J I 



1 



I 1 



ARTICLE 

R«f<iUtigin 
ofthetbcn 

Houfe of 
C«mnMiu 
on thitoc* 
ca/ioB. 



At ftr^flf! as 
any 'piifed in 
the pieiieiit 
reign. 



Kot adopted 
haitily. 



Confirtrei] 
hy other re- 
folutioni in 
the )ear 

1740. 



( ao ) 

What fald the Houfe to this petition ? Didche/ 
think that his Majefty aflfumcd an unconjiitutionalfox. 
exercifed an improper^ power, in ilTuing thefe Inilruc- 
tions ? Let us hear the refolutions of the Houfe. 

Refhlvedj *' That the complaint, contained in this 
•• memorial and petition, \s frivolous and groundkfs\ 
•* an high infult upon his Majefty's government, and 
** tending to Ihake ofF the dependency of the faid Colony 
** upon this kingdom j to which by Law and Right they 
" are and ought to be fubjeSi^.'* ' ':■'•"- 

• Refolvedy '* That the faid memorial and petition be 
" rejeaed." ^„ 

In what inftance, I would afk, during the prefent 
reign, has the Britifh government exprefTed itfelf in 
terms more ftrong, or pointed ? What adl is there of 
the prefent reign, that aiTerts with greater energy, the 
dependence of the Coloniis, or the fupreme authority 
of Parliament ? 

Were thefe refolutions of the Houfe extorted from 
them by furprife ? or wrung from them by a fudden 
fit of refentment ? or adopted haftily ? Or was the 
fubfequent conduct of the Colonial legiflature fuch, as 
to call for a relaxation, in the flri^lnefs of thefe in- 
flru£lions ? 

Confult the Journals of the Commons : See what 
pafled on the 24th of April 1740, juft feven years 
after the refolutions recited above. Read the follow- 
ing refolution : . ^ 

Refolvedf Nemine contradicente, *' That an humble 
** addrefs b.^ prefented to his Majefty, to return his 
** Ivlajcfty thanks, for the orders he hath already given, 
** and humbly to defire him, that he will begracioufly 



<i See Comm Journ. vol. xxi. p. 145. 



it 



pleafed 



I .'I 



( " ) 

•* pleafed to requirej and command, the rcfpeflivt Go- 
•• vernors of his Colonies, and Plantationt, in America, 
** punSiually and tffeSiualhf to obfcrve his Majefty's 
** royal InJiruSfions"." And what were the Inftruc- 
tlons, to which the Commons allude ? Thefc very 
Inftru£tions ; not to give aflent to certain laws, without 
a claufe were inferted in fuch A£l, declaring, that thefamt 
Jhall not take effeSi^ until the /aid Acl Jhall be apprrued by 
his Majejly. •'' • ■ ^ '' ' •^" 

To what objection then can a meafure all at once 
become liable, to which his Majefty's predecefibrs 
were advifed, after the maturefl deliberation, by their 
Privy Council ; which they have been io repeatedly 
intreated never to abandon, never to relax, by the great 
Council of the empire ? 

The Congrefs, I fuppofe, did not imagine, that any 
force or poignancy was added to the charge, by cha- 
ra^leriHng the laws, Aibjedl to the claufe of fufpendon, 
by the titles of, ** Laws wholefome and necejfary to the 
public goodi* ** of immediate and prcjpng importance'* — 
For what do thefe epithets prove ? — Their own opinion 
ofthefe laws — That, and nothing elfe. And who could 
entertain a moment's doubt of their opinion of them ? 
No doubt the laws, which, from a regard to the com- 
mon interefts of the whole empire, were made fubje^i 
to the fufpending claufe, would appear very whalefomt 
and necejfary j of immediate and imprejjbig importance, to 
the particular afTemblies who pafTed them. And that for 
the very fame reafons that to him, whofe duty it is to 
watch over the interefts of all his fubjedls, they might 
appear unfalutary and dejlru£live of the public good. 

And this will fuggeft an unanfwerable reply- to the 
fecond charge alleged in the article before us-^ 



^>i 



« Sff Comm. Journ. vol. wiii. p. 518. 
B3 



.,* J 



ii~* 



(t 



Vhat 



ARTICLl 
II. 



The mw- 
fure not hi' 
bit to ob- 
leAicn. 



Thedefcrip. 
tlon oi the 

iftfhis/<nu 
clecxprcffrt 
only tbe 
opinioo of 
the Cun- 
gicli. 



Aafwer to 
the fecond 
charge, vie, 
aeglci^ of 
laws paifed 
with the 
claufe of 
fvrpe»fioii« 



!; 



•/! % 



Ml 






\ k 



¥ 



C « ) 



il 



JH 



(I 






ARTICLE 
II. 

m«t if 

called ne- 
gle£liionly 
the with- 
holding tl e 
tOji*\ afTent. 



T«nH- 
mount to 
the phrjfe 
Of " I.e 
Roy t'avi- 
fera," ufrd 
to a Brii(h 
pirliament. 



Both headi 
ef complaint 
therefore 
frivolous 

End groun<l' 



ARTICLE 



<* That to laws, pafTed with this claufe of Airpenfionf 
'"'^ his Majefty has utterly negleded to attend." 

For to what does this charge amount ? To this 
and no more:— that ^hefe laws appearing to his Ma- 
jefty to be repugnant, either to the parriculaj^ntcreft* 
of the one particular province in queftion, or to the 
general good of his whole empire, he withheld his aiTent. 

Should a bill be prefented by the Lords and Com- 
mons of Great Britain, to which his Majefty conceived 
it urfit to give his aflcnt, what would be the condu£l 
obferved ? He would not diredtly refu/e his aflent ; h« 
would ufe a milder language : — ** Le Roy s'avifera.*'^> 
And what is it that the Congrefs fo infolently ftilei 
— neglect. What but an adl expreifive of the fame 
language? 

That his Majefty (hould excrcife his judgment : 
That he (hould not ajfent to bills, which, in hU judg- 
ment, are repugnant to the common good, are the 
very objects of the fufpending claufe. So far then no 
charge is brought againfl: him.— That fuch aflent 
0iou]d be mildly withholding rather than flernly refuftd^ 
could not be imputed as a crime, by any meo> but thQ 
^lembers of ^n American Congrefs. 



A R T I C I. E IIL 

He has refufed to pafs other laws for the 
accommodation of large diilridts of people, 
unlefs thofe people would relinquish the 
rights of reprefentation in the Legiflature ; 
g rigUt iaedimable tQ them^ and formidable 

to tyrams only, ^ \ , 

,. V . •■ ' ^ •'■"' x;' ■'''- ANSWER, 



I 



( 23 ) 



iHon, 



•I .»•; 



ANSWER. 



ARTICLS 
lU. 



■' Let the fenfe of this article be precifely exprefied ; 
ftrip it of the indecent refle£)ions which clofe it, and 
to what does it amount ? To this on]y — That his 
Majefty has not feen fit to confgr the privilege of fend* 
ing Members to the Provincial Aflcmblies, on people 
forming, or meaning to form, certain communities in 
certain diftri£ls. 

The Members of the Congrcfs indeed— whether 
through inadvertence^ or dejign^ have fo worded this 
article, as to make it convey an idea, which yet they 
dared not openly exprefs. They talk of relinquijb- 
ing a right : — but they will not pretend it to have been 
a condition propofed, that the perfons to be accommo- 
dated were to give up any right which they then adually 
enjoyed j the condition was, only, that they fliould 
not be invejied with a right, which they did not then 
enjoy } if, as inhabitants of one diflrifl, or members 
of one community, they had already a right of fending 
a Reprefentative, they were not called upon to relin- 
quijb that right : they were only told that, in becoming 
inhabitants of another diflri<Sl, members of another 
community, the right would not be conferred on them. 
Though, from the Inaccuracy of the phrafe, it may 
feem to be infinuated, it is not meai^t, that his Ma- 
jefty intended to diminijh, but only that he refufed to 
increafe the a£hial number of Reprefentatives. And 
is this too a proof of ufurpation I Is the exercife of 

I this power, in general, to be deemed unconftitu- 
tional ? In this particular inftance, did the refufal, 

[oi whigh the Congrefs complains, originate with 
^,: B 4 his 



SenfeofiUt 



m lo conrry 

SB idea the 

dArcd out 

«xpicr». 

No iir,ht to 

be rii'tM- 

but only a 
new light 

rcf I! felt to be 
coorcried. 



H!i Mtjciir 
didnotmeao 
to d'thitufkf 
be rrfuled 
only to «. 
(I'M/* the 
number of 
RcpreCntta* 
tivet. 

Thrfiertifii 
»fthi»powcr 
in gamml 
aM sacoa* 



i::< 



1 f 



I 

J 

i if 

I 

I 



I 

( 



I'l ?■ 



I . 



<i:h 



^ ':'.■ 


i 




f 


d' 

f ^ 1 


1 




f 



n 






ARTICLE 
III. 

Aitullonal, 
Or in this 

fartiCiiUr 
nftance, 
tiftv, 

Thcexercii'e 
ofth* ower 
\n geoeral, 
not uncnn> 
ftitutional. 
power of 
the King to 
revive or 
create pirli- 
tm-intary 
Wfiughs in 
^ngland, 



Powtt et 

the King in 

In the origi- 
nal charters 
territorial 
teprefenta- 
f ivcs nut 
provided for. 






( H ) 

his prsfcnt Majefty ? or in making it, did he only per- 
fifl; in a plan, for wife reafons, adopted by his royal 
predeceflbr ? . , , 

Let us firft confider whether the exercife of this 
power, in general, can be c'eemed unconftitutional. [\ 

In England, it has been a matter of debate, whether 
the King, by his fole authority, might, or might not, 
create, or revive, parliamentary Boroughs '. But it 
never yet was pretended, that fuch Boroughs could 
be either created, or revived, without his confent. 
Whether they be created, or revived, as in the cafe of 
Newark, oy theyJ/*? a£l of the Xing : or, ar In the cafes 
of the Pf^elch counties, of Chejier, and of Durham, by the 
concurrent aft of the King, Lords and Commons; in 
either cafe, a voluntary %&. of the King is^eceiTary} 
in either cafe, therefore, the King may refufe to do 
that adl;. 

Thus ftands the cafe in £nghn<l* How (lands it 
in America ? 

In the original chirters granted to the firft adven- 
turers in America, the idea of territorial reprefentatives 
could hardly find a place. The firft adventurers were 
cqnfidered as a trading company j the firft fettUrs a$ 
fervants afting under them ^. The Colonies were con- 
fidered, not fo much in the light of prcvinces, as of 
faifories. For provifions for territorial reprefentatives, 
it is not here, that we muft look : we muft go on to 
fucceeding charters, when the colonies began to b^ 
(onfidered as provi^fef* 
'K^'^^' 'i '1 Rsiw-e'; » . J tn iaa¥? ;. {- ^ r, . .^ 

f See O >uglat*$ hiftory of the cafes of controvf tfed eleflions, vol, f« 
t, 6S, 69, 70. Note (-), and the authorities there cited, 

I Se« the exanunatl«a of (hefe chartetj in the remarki on the Ijth 
)f?Mliain<0t| 

■ • . , - Ths 



. i.' 






ijii 



li I ' 



^en- 

ives 
■ere 

39 

ton- 
is of 
es, 
to 






^Thb dircftions given in thcfe charters, on this ARTict* 
point, are various. In fome, not the nunber only, of - 

reprefentatives to be chofen, is fixed ; but the places D««aiont 

... I t-L.rir 1 ..T givenonlhi* 

too which are to have the right <di chufing them ■>. In he«<) in foe. 
Others, thefe points appear to have been originally left ^'^'"'^ 
to the diredion of the general aflemblies ' ; that is, of 
the Governor, Council and Freemen. In moil of the 
proprietary governmentSi to the difcretion of the pro* 
prietor ''» " •■•» -vi 'I'-ri'-t!) ", '* '•:n'«firi-/.» '<">,'; 

So far, however, is it from appearing; that the Crown "^^ Crown 
meant to give up, in America, that power which it re- quiihed the 
tained and exercifed in England j the power, I mean, d?i!g*,'or rel 
cf preventing the number of reprefentatives from being fufingtoadd 
increafed, or the privilege of fendmg reprefentatives berofrepr©. 
from being conferred againfly or even without its con- ""**""■• 
fent, that the Crown has a<5tually retained, and aflually 
exerciftdy the yet more important power of increafing 
the number of reprefentatives ; of conferring the pri- 
vilege of fending reprefentatives, by its own foU 
guthority. ■,»<> i-r:r;?^'''^ ■"jM^n'^^o;"!^' :"'>> '■lo"'-; ;nrff «K '""' ""■'''' t 

The province of New-HampCiire affords us a re- ThU power 

iti e rr> t ■ y t • • ft esffcifed IB 

niarkablc proof. Towards the b(>ginning of the year New-Ham- 

1745 the Governor of Ncw-Hampfhire had ifTued ^eijo.*** 

a writ to the fherifF of the province, commanding him 

to make out precepts for the eleition of perfons to 

ferve in vhe General Aflembly. Befide the tovns, to 

whom precepts had ulually been fent, the writ com- . .\ 

manded, that precf^pts |ho^ld Ukewife be fent to other " ' 

1> !n the formation of government in the Jerfeyt on the furrender of ''' 

the charter in the year 170s : In the Granadet and other recent eftablifli- 

.^ \ Maffac!. •<el's, Rhode Ifland, &e. 

k Penfylviiiia and MarjlUnd. But thefe charter* have undergone naoy 

^tPr»tionii _ - i;i,.v,v'ji«-iiti-'' «. 






'> . , 

I 
i ] 

I 

hi 



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ARTTCLB 
HI. 



IftbeCrown 
lias retained 
the power 
«f adding to 
thenunioer 
•f reprefen- 
talives* « 
firtieri hat 
it the po-A'«r 
of whhold- 
ing its con- 
ient to fuch 
addition. 
This latter 
jiower can- 
nnt be abu« 



( i6 ) 

itmnOuptf newly ercSed. The precepts were ftftt, 
and members returned. But the houfe of reprefenta** 
tivcs refuftd to admit them. This rcfufal was reported 
to his Majefly ; the report was examined witk great 
deliberation : the opinion of the great law-officers, 
the prefent Lord Mansfield, and the late Sir Dudley 
Ryder, was taken ; and the event was, that in the year 
1748 the Governor was directed to dijjohe that aiTent- 
bly, and when another fhould be called, to ilTue his 
Majefty's writ to the (herifF, commanding him to make 
out precepts to thefe new erected towns, for tli« 
ele£lion of ciembers to (It in the aflembly — ^And the 
rights of thefe members the Governor was commanded 
to fupport — Becaufe — fay the inftru£Hon« — ** His Ma- 
«« jefty may lawfully extend the privilege of fending 
<* reprefentatives to fuch towns as his Maje% ihall 
«* judge worthy thereof '." After many prorogations 
and alternate meflages between the Governor and houft 
of reprefentatives, thefe members were admitted, . / 

If therefore the Crown has retained the power of 
extending the privilege of fending reprefentatives 
to fuch towns as his Majefty ihall think worthy 
thereof; can any reafon be aligned, why it (hould 
not retain the lefs important, lefs dangerous power, 
of preventing that privilege from being extended 
againft, or without his confent? — I fay lefs daih- 
gerotts, becaufe, though the former may, the latter 
eannet, be abufed, to the purpofe of acquiring unconfti- 
tutional powers. And could we, in defiance of the 
whole tenor of his Majefty's conduct, allow ourfelves 
to fufpeft hi»o of fuch a defign, we fhould expe£l to 
find him profufe in the exercife of the power of e»- 



1 $et Douglai'i fummiry, vol, II. p. 35, 36, 73, 74, 75. 

tending 



! I 
(! 



tending this privilege, rather than tenaclousof the ex- 
crcife of the power of refiraining it, within its prefeat 
bounds. 

Thus far as to the excrcife of this power \n general. 
As to the exercife of it in the j^artUuIar inft^nce before 
us, the refufal of which, the Congrefs complains, did 
not, as they would have it underftood, originate with 
his prefent Majefty : in making it, he only perfifted 
in a plan, for wife reafons adopted by his royal pre- 
Cleceflbr. , , 

Bv an original defedl in the charter granted by 
King William to the province of Mailachufet*s Bay, 
the Council was left more dependent on the Houfe of 
Reprefentatives than was confiOent with the right ba- 
lance of power. Not only were the members of it 
annually ele£bd, they were even amoveable, by the 
Houfe. In nany cafes the Council and Houfe of Repre- 
ftntatives fit and vote together. The fufFrages are 
taken viritim ; the number of the Council is limited 
to twenty-eight, that of the Reprefentatives am. nts to 
a hundred and fifty. It is therefore obvious, that the 
power of deciding in all thefe quefiions is folely in the 
Reprefentatives. As if this were not enough, fome 
defigning men contrived to throw more weight into 
Ithe popular fcale, already preponderant, by ere£ling 
new, and by fub-dividing large and well regulated, 
into fmall and jangling, townfiiips. On all of thefe 
was the power conferred of fending reprefentatives ; a 
power which they exercifed, or declined, juft as it 
ferved the ends of party. Already did the number 
ff reprefentfllives in this fingle province exceed that m 
^ve of the moft confiderable provinces around it : 
already had many inconveniencies been felt by the in- 

trufion 



ARTIGLC 
HI. 



In this pnv 
ticttlar io- 
ftance the 
exercife of 
this power 
was a con- 
tinuation 
only of a 
plan adopt- 
ed in the 
laA reign. 

Reafons 
whjr It WM 
adoptsd aai 
puriUed. 



Pi 



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p. 

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1 fl; -4 



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ARTICLE 
III. 



The pTiR 
w»t adopted 
thirty yean 

a{0.^ 



And there- 
fore did not 
originate 
with his 
prefent ^f a> 
jefty, but 
wai retained 
only ; tht 
xeafona of 
adoptingftill 
fubfiftiag. 



( a8 ) 

truiion of ignorant reprefentatiires, who were choren, 
and came, only to ferve a particular party } ere any 
ftep was taken to check fo pernicious a pra£lice. 

At lafl, about thirty years ^nce, in the reign of his 
late Majefty, it was given in inftruftions to the 
Governor of MaiTachufet's Bay, not to confent to the 
incorporation of any new townihips, unlefs in the A£t 
of Incorporation it were to be exprefTcd, that they 
(hould not, in virtue thereof, lay any claim to the right 
of fending reprefentative$ to the General Aflembly ". 

This plan then did not originate with his prefent 
Majefty, he found it adopted by his royal grandfather. 
And here I may venture to appeal, not to my fellow* 
fubje^s in Great Britain, but to the Americans, but to 
the members of the Congre fs ; I may venture to defy 
even them to point out to mc the moment, when it 
would have been prudent in his Majefty to have re- 
ceded from it. Is it in times of popular tumults, that 
a wife government would diminifh the checks on the 
cxcefs or abufe of popular power ? 






m For the fads here alleged, fee ptoofa In Douglai*! Summary, 
vol. I. p. 9x5, &c. 3761 tec, 489, fcc. 



.•';;. ^> "r^.ij- 



• ' - - - ' _ 

... f ^ ■ ' i' *».t ■ J ' 



1 I ■ 



( »9 ) 



;..:.;> ^x. A R T I C L E IV. 

He has called together legiflative bodies 
at places unufual, uncomfortable^ and dif- 
tant from the depo^tary of their public re- 
cords, for the fole purpofe of fatiguing 
them into a compliance with his mea- 
fures. 



T.\ .r?,v*. 



ARTICLE 
IV. 






> ■,■<« 



ANSWER. 



There is fomething fo truly ridiculous in this Ar- Th!s£h«ige 
tide, that it is hardly pofllble to anfwer it with any be- 
coming gravity. At the firft blufh it looks as if infert- 
ed by an enemy, as if intended to throw an air of ridi- ^ , 
cule on the declaration in general. Among reaibns to ' 
juftify a national revolt to find it gravely alleged, r-vr -' 
that the members of an ailembly happened, once upon 
a time, to be ftraitened in their apartments, and com- 
pelled to fit on ftrange feats, and to deep in flrange 
beds is, I believe, unexampled in the hiilory of man- 
kind. Sickly and feeble muft be the conftitution of 
that patriotifm, which thefe hardfliips— dre'*dful as 
they are — could fatigue into a compliance with unpa- 
triotic meafures. >r, .* .Wj^r :•*. "* V. ,:r'i' 

Let us however ftate the fa£l to which the charge *">« f'^ 

Towards the latter end of the year 1769, his Ma- Wfordtfiln 
jefty received information fiom the Governor of Mafl[a- 

chufet's 



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Troopj fta- 
tiooed there. 



( 30 ) 

ARTICLE chufet's Bay, of frequent riots excited, and outrages 
' ' committed in the town of Bofton. His Majefty was 
informed, — and the public a£ts and proceedings of the 
magiflrates and council of tl|e town ccmfirm the truth 
of the information, — that thefe diforders were not to be 
attributed folely to the difj^fition of the loWer clafs of 
the people, but that they were countenanced by thofe 
to whom the adminiftration .of government was, by the 
conftitution, entrufted. The council refufed to advife 
the Governor; thejuftices (o co-operate with him in 
the fuppre^on of thefe diforders. It fliould be remark- 
ed too, that it was not at this particular moment that 
thefe diforders commenced\ they were of long continu- 
ance. Already had his Majefly been under the necef- 
fity of ftationing troops in the town, to preferve the 
lives of his Governor, and fuch of his civil officers as 
■_ ' ^ recognifed the authority of the King and Parlia- 
ment. 

Thefe were BoTH thefe circumftances might well be confidered 

fo» notVoid- *s objeiSlions to the holding of the general court at Bof- 

ing the af. ton. By men who were ready to carp at any thing, 

Bofton/ the prefence of the troops might be reprefented at leaft, 

if not really confidered, as a reftraint upon the freedom 

of debate } by men who wifhed confcientioiiHy to dif- 

charge their duty, the dread of an infuiting mob, and 

the certainty of being unprotected againfl it, were real 

reftraints. . 

ana ajfgred FoR thefc fcafons, as well — fay the inftru£lIons to 
ftiuluo'ni. the Governor — " to obviate any objeSlian on account of the 

** troopSf as to fhew a proper relentment of the behavi- 

• " our of the inhabitants of Bofton," — it was thought 

-J ,^ expedient that the Gov^tnor ibould meet the general 

court at Cambridge. 



( 3« ) 

' Ah addition there was to thefe inftrudions, which 
Kowj that it is the objed of the Congrefs to infult his 
M(^(/ly, they think proper to fuppreft ; but upon 
which then, when it was their objeA to blacken the 
Gwtnwr^ they infifted with vehemence.— It was ftill 
left to the Governor's direction, not to meet the aiTem- 
bly at Cambridge, " if be /houid t&inA'*^{o (xy the in- 
ftrut^ions — ** there were reafom to the contrary of fuch M 
♦* nt^ure 4» to ontvteigb thefe conftderatum *," i i 

• > Sea then to what this mighty charge amounts— His 
Majefty defirous, on the one hand, that the prefence 
•f his troops fliould not ^/m to reftrain ; and, on the 
other, that the outrages of an ungovernable mob ihould 
not a£iH4Uy reftrain the freedom of debate, inftrufted 
his Governor to meet the general court at a place whero 
both thctfe obje^iofis would ce^fe. 



ARTICuH 
IV. 

Thdiritnic* 
tiMi, Imw- 
«wr, 4U«ra> 
tioaacy* 

^ .. ,. '. 

." • :;«• 

■'. '. • Ml > 



Futility rf 
the diwj^e. 



V * > ..t ) 

. . . ! , • 



V . I y.:t.'^.Si.^ '. 



. >v ,. . ..I.J ■ ... 1 - I i ■ M. 



; X ■> 



-^^.:'^- K R T I c L E v.:;':i • 

• ■ . ■ -' » 

He has diifolved Reprefentatives Houfes 
repeatedly, for oppofing with manly firm- 
nefs his invaiions on the rights of the 
people. 



ARTfCLB 
V. 



^,v<-.„ 



aA "V' n<\^'. 



ANSWER. 



To this article little can be faid. The charge con- Thi««*jr e 
gained in it amounts to nothing. It dates only, that amounts t» 

aothin^i 



* See the Boflaa Gwette of Juae it, 17^5, 






: 



it 



I, 

i 

Y 

I 



A)f 



his 



% 



If 



I ^1 



ii 



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I'll 1 



■ 



'I, I 



ARTICLE 
V. 

Nit Majeftr 

kng beyond 
• certain 

petiod, but 
may at any 
timefufpend 
the exifl- 
cnce of the 
teprerentt- 
tive bodies. 



To the 
power itfelf 
then they 
dare not ob - 
jeA; the 
objection to 
the exercife 
of it in thi( 
particular 
inftance 
amoontaon- 
Iv to this, 
tftathitMa- 
jefty and the 
xeprefenta- 
tivet were 
of difFerent 
•pioionst 



Caufeaflipn- 
ed for the 
diflToliition 
of the pro- 
vincial at> 
fenibiies. 



C 3^ ) 

his Majeily has exercifed a power, which has - at-* 
ways been confideied as inherent in the crown* \, , , ;, 

In England, as well as in America, the l&wi indeeid 
have guarded, with anxious concern, agatnft the power 
of the Crown, to prolong beyond certain periods, the 
exiftence of the fame reprefentative bodies j the power 
of ftiortcning their exiftence was never yet difputed. 
We have already quoted one inftance of it^ being exer- 
cifed in America, by his late Majefly ; more might 
be adduced. Once, and but once, in England, was 
it thought expedient to rob the Crown of this power. 
The attempt was made j it fucceeded } and-r-mark 
the confequence — the con/iitution perijhed, j j^iU ^\i^^■^■.• 

To the exercife of the power itfelf then — the power 
of difiblving theHoufes of Reprefentatives, whenever his 
Majefly (hall fee fit— they dare not obje£V. To the parti- 
cular inftances, in which his prefent Majefty has exer- 
cifed that power, what is their obje£lion ? It amounts 
only to this, that certain A^s appeared in different 
points of view to his Majefty and the Houfcs of Re- 
prefentatives. This power was exercifed — fays the 
Congrefs— " becaufe the reprefentatives oppofed, with 
" manly firmnefs, his Majefty's invafions on the rights 
*' of the people.^* Could they fay lefs ? Could they ac- 
knowledge, that what they ftigmatize as iwvafiom on 
the rights of the people of America, were indeed only a£Js 
done in defence ofthejuji rights of the Parliament and people 
of Great Britain ? ^ -rr "^ r* a ' ' ,, 

But which, after all, is true ? Were the a£ts which 
the Aflcmblies oppofed, as it is boafted, *' with fuch 
** manly firmnefs " and for their oppofition to which 
they were diflblved, invafions on the rights of the people; 
or were they only done in maintenance of the rights of 

the 



I.. 



A. . 



( 33 ) 

the king and Parliament ? Was not the oppofition of ARTlCLt 
the Aflemblies to thefe A£ts, of fuch a nature, and j 

tondudled in fuch a manner^ as not only to juftify, 
but even compel, a diflblution? To anfwer thefe 
queftions, it will be neceflary to examine and ilate 
the caufes for which they were diflblved. , j , *^.-, 

The firft inftance of the exercife of this power in Of the Af- 
the prefent reign, among the revolted Colonies, was, Miflachu- 
I think, in the year 1768* in the Colony of Maffa- ^"'|g** 
chufet's. Theoccadon was this : Offence, it feems, had 
been taken at an A<St of the Britifli parliament, impof- 
ing Certain duties on certain goods imported into 
America ; the produce of which duties was appropriated 
to the fupport of the Government of America. The 
leading men at Bofton thought it not enough, as private 
individuals, to enter into engagements, highly pre- 
judicial to the commerce of Great Britain^ and tend- 
ing to defeat the provifions of the A.6k which had of- 
fended them : But they determined, if poffiblcj to draw 
the other Colonies into the fame engagement : And 
to give a degree of dignity^ as well as to infure fuccefs^ 
to the meafure, the invitation was to be made, not 
from individual to individual, but by circular letters, 
written in the name, and figned by the Speakerj of 
the Aflembly of MaiTachufet's ; and addreffed to the 
Speaker and Afl*emblieS of all the old Colonies on the 
Continent. In thefe letters it was declared,—** That 
** the rights of the Colonies had been infringed by the 
«« King and Parliament—That the Afts of the Britifli 
•* Parliament were inequitable— That vuorfe was yet 
** to be expefted.** The other Colonies were invited 
to «wimr— (the Congrefs will for once allow me 
the ufe of itj-own favourite term) — in rendering the 
■"■" ■ C "■■ ■, A^ 



\H 



:ri 



n 



ARTICLE 
V. 



I 



I I 



I 



iil 



: 34 ) 

AA ineffectual, and in bringing about its repeal. 
Uncon{titutional, illegal, unjuftifiable, as fuch a ftep 
muft appear ; fubverfive of. all government as was the 
combination^ which this letter advifed ; deftru£llve as 
it was of that fubordination, which had hitherto con- 
nedted the Colonies with Great Britain ; of that peace 
and good order, which are the cement of all fociety ; 
his Majefty was unwilling to proceed with any degree 
of feverity againft the authors of the letter. A door 
was opened for an honourable retreat. His L^'jefty 
was willing to confider the refoliUion, which gave 
birth to the circular letter, as an a^, which had been 
obtained by furpriji, at the endo( a feffion, in a thin 
houfe. He therefore contented bimfelf, with ordering 
his Governor, to require the fucceeding Aflv'tmbly to 
refcind the refolution } and to declare its difapproba- 
tion of, and diflent to, fo rafh and hafty a proceeding. 
By a compliance with this requifition—- as fome among 
the Americans, at that time, honeftly confefled *—• 
they might have retrieved this hafty ftep, *< with a full 
'* faving of all their rights and privileges." So far 
from complying with it; fo far from adopting the 
expedient, fo kindly held out to them, they rejected 
it with fcorn : They boafted, that the refolution was 
made by a great majority of a full feffion : They went 
farther, they adopted the meafure^ they maintained 
its legality. In vain did the Governor urge them to 
a compliance with his Majefty's requifition j in vain 
^Id he forewarn them, that a difTolution muft be the 
confequence of their obftinate refufal. They perfifted ; 
they would not retreat, they would not refcind : Nay, 
as if their coududl were free, not only from the taint 

' < la a letter from the towa of Hatfield to the town of Beflon, Sept. %t. 



( 35 ) 



Septi xs» 



ART(CIi8 
V. 



•f guilt, but even from the breath of fufpicion, they 
determined, that it muft have been mtfrepreftnttd \ ■ 
that this could have been done by the Governor alone; 
and therefore^ instead of refcinding the refolution, 
they were preparing a petition for the removal of the 
Governor, who had dared to fignify his Majefty's 
pleafure, that the refolution (hould be refcinded *.*^ 
Then indeed — when all matters of a public and private 
nature laying before the general Court, were nov^ 
fully confidered^ &nd dtcidid', when all then propofed 
to be done, was done ; — fave only this new infult 
which they meant to offer to the Crown j-^this fadioui , 

AfTembly was ^/|^/z;/</. ' ; . i .< . • 

The aflembly of MafTachufet^s was again diiTolved OftheAf- 
in the year 1774, for afluming to itfelf the right* ^^^,^1 
peculiar to the Briti(h Houfe of Commons, of im-«> f<:'** >» 
peaching, and for attributing to the Council, the right, 
peculiar to the Britifli Houfe of Lords, of receiving 
and trying impeachments. Had this pretenflon been 
allowed, what would have been the confequence ? The 
Council would foon have eredted itfelf into a Court of 
Appeal in dernier refort. The judicial power, denied 
by an exprefs Adl of the Britifli Parliament ^ to the 
Houfe of Lords in Ireland, would have been afTumed 
by the Council of every little province in America. 
Was this too an invaflon of the rights of the people pf 
America? Or was it only the maintaining of the 
rights of the Britifli Parliament? .. -, ,,, ' 1. 

« Their nextflep, perhipt, would have been^ a petition that his MajeAy 
would ht mofl grac'ioujly pleafed to rmave hUftlffrim hting their King, tot 
having dared to exercife a power inherent in his Crown. — And hit tyran- 
nkal refufal would have lengthened the alarming wticles of their Dccla* 

iration. 

• - - • ^ W 

> 6 Geo. cap. e, 

Ca U 



■• I 



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ARTICLE 
V. 

Or the Af- 
fembljF of 
Virginia in 
the lame 
year 1774, 



Of another 
Airembly of 
MalTachu* 
fct'i in the 
fame year 

«774' 



V I 



Nrceffity of 
theffdiffolu- 



tiont. 



( 36 ) 

In the fame year, the Aflembly of Virginia vfia 
diflblved for practices little fliort of treafon } for vot- 
ing the A£l8 of the Brittfli Parliament injurious to the 
jrights of America) for appointing days of fad and 
humiliation, to implore the divine grace to give them 
one htart and one mind, in reiifting thofe A«Sls ; for 
forming illegal combinations to fupport the Bolloniant 
in their refifbnce. p 

In the fame year, yet another AfTembly of Mafla^ 
chufet's was diflblved, for fending Committees to the 
Congrefs } for taking on itfelf the whole power of 
Governor, Council, and All'emblies ; for levying taxts 
by its own file authority ; for appropriating, by its 
own fole authority, the taxes to the purpofe of fur- 
niihing falaries to men deputed to aflift at an Aflembly 
unknown to the law. 

In the A&. of the Britifli Parliament, which gave 
rife to thefe ]>roceedings, there was no invaflon of the 
rights of trie people. Nothing was done by it, but 
what Parliament had been accuflomed to do. In the 
mode of refifliing it, there was a manifefl: invafton of 
the rights of the Crown, of the Parliament, and even 
of the conftituent branches of their own legidatures. 
Under thefe circumflrances, what was his Majefty to 
do? There have been reigns, and thofe not the 
leaft popular*^ in our hiftory, when the offenflve 
votes would have been taken ofF the file ; when the 
AflTembly would not have been required, but the Go- 
vernor would have been commanded, to refcind them« 
His Majeft^^y purfued a milder meafure. The offence 
had been unprovoked ; he propofed, that the return 
to duty Ihould be voluntary : They reje£led the ofFcr; 
they would not return. What could he do lefs than 

diflTolve 



^ C 37 ) > 

dilTolve them ? Either the Britifh Parliament mud repeal 
its AiSls, or their Aflemblies mud refcind their rcfolution. 
The conditutional authority of the one, could not dand 
with the ^/nf</ authority of the others j they refufed to 
refcind ; his Majedy. was reduced to the alternative of 
diflblving the Parliament of Britain, or the Ademblies 
of America. And indeed it deferves remark, that the 
partizans of America in England, at that time, did 
not ceafe to befiege the throne with addredes, and re- 
mondrances, and demands, couched under the name 
of petitions, to didblve the Britifli Parliament, for 
having maintained the rights of Great Britain ; whilft 
they imputed it as ". crime ^o have didblved American 
Ademblies, for having invaded thefe rights. Surely 
thefe men think, that the Conditution has veded the 
power of didblving in the hands of the Crown, on 
purpofe that it may be exercifed, not in conformity-^ 
but in direct contradi£1ion — to the judgment of the 
(prown. 



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ARTICLE VK 



He has refufed for a long time, after 
fuch diiTolutlons, to caufe others to be 
cleded ; whereby the legiflative powers, 
incapable of annihilation, have returned to 
ithe people at large for their exercifc; the 



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Aate 



ARTICLE 
V. 



ARTICLE 
VJ. 



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ARTICLB 
VI. 



C 35 ) 

flate remaining in the mean time expofed 
to all the dangers of invalion from withoutj 
and convulfions within. 



1.- 



A 



N S W E R. 



1 -k:,',! 



Thit wak 
the exerclfe 
of a confti- 
tutional 



The delay 
In fummoiir 
ing new, 
•eceffary 
cnnfequence 
f>( having 
diOolved 
former, af> 
JTemblieSf 



In fome Colonies, the time of fummoning the 
General Courts is left to the difcretion of the King in 
council ; in others, there are Aated periods, at the 
expiration of which, they are, by law, to be fummon- 
fd. As vQ the Hrft, in exercillng his own judgment, 
v.'ith the advice of the Privy Council, his Majefty has 
done only what the Conftitution fuppofes him to do. 
As to the latter, it will be fufHcient to afk, whether 
his Majefty deferred the fummons, beyond the periods 
fixed by th? conftitution? That he did, is wh^t th- 
Congrefs dves not aj/ert, Wh^r? then is the charge ? 
His Majefty exercifed his difcretion, as to the time of 
fummoning the General Courts, in the manner, and 
for the ends, prefcribed by the Conftitution. 

For it (hould be remembered, that this delay in 
aflembling other, was the neceflary confequence of 
having diftblved the former, Aflemblies.'— Why had 
they been diftblved ? For bold encroachments on the 
rights of the Parliament and people of Gre^^t Britain, 
Would it have been confiftent ; would it have been 
prudent, to have iftued writs for the fummoning of a 
new Aflembl 7, whilft the people and their Reprefeii" 
t^tives were inflamed with the notion, that, in en- 
croaching on the rights of Britain, they were only 
♦lefending their own? Was it not more confiftent, 
-- ;, "' wore 



( 39 ) 

more prudent, to give tine for this madnefs to fub« 
lide ? To leave the ?|[^<S);ors at leifure to refledl on the 
probable tendency cf the conduf): of their Reprefenta- 
lives? ^ft^^' . . vrs V . 

The confequences drawn by the Congrefs from 
this charge, are too flngular to pafs unnoticed. For, 
in the ^rft ^lace, thefe great ftatefmen, and acute le- 
giflators, have difcovered, tha^** by this refufal of his 
Majefty to ca!l a new Court, before the Conftitution 
required it to be called, ** The Ugtjlattve powers, irt' 
** capable of ^nmhilation, have returned to the people at 
*^ large for their exercife*\ . ...„.,...^.. ,^ i: ; v - 

This maxim, I prefume, is generd : As good on 
one fide of the Atlantic, as on the other. Hence 
then we learn, that, in this country, during the 
annual prorogations^ and between the feptennial diflblu- 
tion of one, and the ele<Stion of ^.lother. Parliament, 
the legiflative powers return to the good people of 
England. They may repeal all the laws enaded by 
Parliament— impofe new tejisy create new offences^ in- 
vent new punifliments. A difcovery which will not 
fail to aftonifli, as well my Lords the Judges, as the 
writers on ou< law. 

In the next place, they have difcovered, that, dur- 
ing this interval, " the ftate" — meaning the refpec- 
tive Colonies—*' remained expofed to all the dangers 
.*« of invafion from without, and convulli'-ns with- 



cc 



in. 



As to the danger of invafion from without, how the 
diffolution of their General Courts fhould invite, or 
their being affembled, Iho' Id repel it, is more than 
I am able 19 conceive^ — Non tali auxilio — Non his 

C 4 defenforibus 



AXTICLB 
VI. 



Ridlculoot 
conf^quen- 
ce* drawn 
from this 
charge. 

f. 

TJiat the 
legi/lative 
powera re- 
turn to the 
people at 
large. 

It would 
follow, that 
during the 
recefi of 
Parliament 
the people 
might repeal 
exiAinglawa 
and make 
new onef . 



IT. 

The Colo- 
nies ex: ofci 
to invariant 
from \;ith- 
out,andcon- 
vulfiont 
wifhin. 

Secured by 
Circat Bri- 
tain from 
invurion^ 



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( 40 ) 



ARTICLE 
VI. 



ConvulfioQt 
within ex- 
cited, che^ 
ri/hed, ie- 
Salifed, 
fuidtified by 
the Affcm- 



defenforibus-^vciM^ this ungrateful country fecure it- 
felf from foreign invafion. f h"'c invailons have bcea 
repelled, have been for ever prevented, by the courage, 
of that people, by lavifhing the treafures and the 
blood of that nation, by the armies, the vidories, and 
the treaties, of that Prince, whom they now fo ungrate- 
fii My revile. , ,- .jf^s 

As to the danger of coiruulftons within, fo far v"!'^ 
their Aflernblies from repelling, that it %2 ^\.:-\ 
facSlious resolves which excited, cherifhed— in the 
eyes of a deluded multitude, more than legalifed--alii 
moft fandlfied them, . 



ARTICLE 

yii. 



^^^^^^.^'^i ARTICLE VIL • 

He has endeavoured to prevent the pq- 
pulation of thefe ftates; for that purpofe 
obftrudting the la\ys for naturalization of 
foreigners ; ref'^fing to pafs others to en- 
fourage their migrations hither, and raif- 
ing the conditions of new appropriation^ 
' of lands, .. 

: ANSWER. •"• 
Thi? charge q^Q prevent the population of a kin'>dom, is to 

neither true, ^ , tr ,w- 

nor poflibie, dinjinith the number of fubjecls. That a Kmg, whq 
nor credible. -^ ^^^ ^^^^ fhould wifli, and, in confequence of that 

wi(h. 






I 



( 41 )' 






wi(h, fhould deliberately endeavour, to diminifli the 
number of his fubje6ts, whilft they continue to be his 
Tubjefls, is an imputation, which nothing, but the 
extreme malice of it, could fave from being ridicu' 
lous. Not only the imputation is not true, but it is 
impoffible it Jhould be true; but it is impoflible, that 
any man of common difcernment fhould believe it to 
be true of any King. Of all Kings, it cannot be true 
oifuch a King as it is the deflgn of this declaration to 
reprefent his prefent Majefty to be. That a King, 
through an inordinate thirfl of power, fhould fludy to 
diminifh the number of hip fuhjeols, is juft as proba- 
ble, as that, through an inordinate third of moneys he 
ihould fludy to diminifli the fum of his revenue. 

The proofs, alleged in fupport of this charge, 
are as falfe and futile, as the charge itfelf is incredi- 

His Majefty, they allege, ** has obftrufted the 
f* laws for the naturalization of foreigners ; refufed to 
<< pafs others to encourage their migrations thither ; 
f' and raifed the conditions of new appropriations of 
f» Jands." 

*' His Majefty has obftru<Sled the laws for the na- 
?* turalization of foreigners." — By the laws, are mesi.it 
the laws of the refpedtive provinces. How comes it, 
^at local, fubordinate legiflatures fliould aflume 
the power of making laws for naturalization ? Of 
what country are perfons thus naturalized to be reputed 
|iatural-born fubjefts ? Is it of the whole Britifli 
Empire at large ? And is the jurifdidion of thefe local 
legiflatures fo extenfive ! The idea is too ridiculous to 
i>e admitted. Is it only of the particular province, 
,^. . ; where 



ARTICLt 
VII,. „ 






Thr prooft 
alleg'd in 
fupport of 
the cbargA 
falTe and 
futile. 
The ob. 
ftruAing the 
iawi for na> 
tural icing 
foteignen. 



A&% forna* 
turalisatioa 
not compco 
tent to local 
and fubnrHi» 
nate Irgifla* 
turn. 



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4RTrcLE where the law fhould be pafTed ? How would thig 
■ ■I. ■' ,. encourage the migration of foreigners ? What ad- 
vantage would it be to a foreigner to be a denizen on 
this fide of a river, and an alien on that? So far 
from an advantage, it would fcrve only as a trap to 
enfnare him p. 
To ha It is curious, mean time, to obferve the inconfe- 

thefe Pro- ence of thefc men. At one moment they infult his 
•intW Lawi ^viajcfty becaufe he exercifes his undoubted precoga- 
»n(t have tive, of difallowing, or refufmg to pafs, fuch of their 
Aft'rf^Par- ^'''* ^' ^® difapproves. At another, they impute it 
liuMDU to him as a crime, that he will not, by his ftk autho- 
rity, fufpend, or repeal, J^s of the Britijh Parlia» 
ment. 1 o have confented to the Provincial Laws for 
naturalization, and for encouraging the migration of 
foreigners thither, he muft have fufpended, or repeal- 
' \ ed, Adlsof the Britifh Parliament. The A«ft^for 
> regulating abufes in the trade of the Plantations, lays 
.', y^ parttculai reftri(£lions on foreigners. And who among 
-'''■ - > the emigrants fhall ceafe to be foreigners, and on 
i what terms, the Parliament has not left it to the King^ j 
• it has taken on itfelf^ to determine \ 

P A lingalar inftance if thii is on record. A foreigner wai naturaliied 

,,. hj the Aflembly of New-York. Conceiving his fe!f to be a natural. 

I. ' horn fubjefl, within the meaning of the aft of ii Car. II, he 

bought a vefTel, and went on a trading voyage. The vetTc! was feiied, 

and confifcated. The man appealed to the Ptivy Council, where the 

fcntence of the Admiralty Court was affirmed. The Privy Council being 

clearly of opinion, that no aft of a local fubordiaate legi/Iature could 

vacate, or extend the proviGons of an aft of Parliament. . ^ 

<1 7, 8 Will. cap. ai. 

r By t} Geo. II. cap. 7.-»so Geo. II. cap. 44.— az Geo. II. cap. 45.-M 
29 Geo. II. cap, 5.— a Geo. III. cap. 15. By thislaft Aft, pafTed under 
the reign of his prefent Majefty, who ii infulted for tbftruHing tie natura- 
I'tzaiion and migration of foreigners, the privilege of natural-born fubjefts is 
granted to thofe who fliali ferve, though it be only (we yeart| i« tha 
jtmtriiau wart, 

Anb 



C( 43 ) 

And is it a grievance too, that his Majefty has rair- 
ed the purchafe and quit-rents of the ungranted lands 
in America ? It has always been conceived, that thefe 
} nds are as much the property of the King, as the pri- 
vate eflate of an individual is the property of that in- 
dividual. If th : value of money decreafe, and the 
value of land increafe, is it unjuft to raife the purchafe 
or the rent ? Does the augmentation of the purchafe, 
or the rent of the royal lands, bear any proportion to 
the increa(e of their value ? Does it even bear any pro- 
portion to the augmentation in the purchafe and the 
quit-rents of the proprietary lan''s ? The proprietors 
of Pennfylvania and Maryland fet the example, yet 
againft them no complaint, no murmur has been 
heard », ^ 

,'r!^ I./.^lhrrvv:;.-^---. s;;:/ ARTICLE 

.-(">■; :■•''■■"■ ■-;, "".'* "■'"■ ■'■"■■". ••- * '■* "^ ■■,'-,• ■'\ ■' i * •; 

• In Pennfylvania Unds were originally granted without paying any, or 
at Rioft only a trifling, purcbafe-money : now for every hundred acrei of 
uncultivated land, five pounds fttrling are paid aa the purchafe-moneyi and 
ene penny flerling as the annual quit-rent. ' t fr'Ji.f:'^ r; 

In Maryland, for every hundred acres of uncultivated land, the purchafe- 
muney is rifen, fince the year I738, ftom forty JbiUingi iofvc pounds fterling ; 
and the annual quit-rent from tvto to four JhllUngt flerling t fubjeA more- 
over to tfne of one year' t rent on every alienation . ?i , » ft ' : ; 

In both thefe provincei fees are paid by the grantees through every ftage 
•f the proceft. 

The Crown ufed to rtcAwftur Jh'iUings preclamalloH money, equal to 
three piUltigs fterlingt ac an annual quit-rent for every hundred acres of un- 
cultivated land. No purchafe-moncy was given, but the charges offutvej- 
ing tvere paid by the grtnteeu 

Now for the maxing rife in thefe conditions, (0 feelingly regretted by 
the Congrefs, The Crown at pref^nt diMfls the Surveyor-general to fet 
out allotmerts of lands, as perfons appear .lefirous of making new fettle 
ments. The lands thus allotted are put up to public auAion at fx penci 
fitrlmgper acre. If no perfoo bid more, they are fold at that price, with- 
out 



ARTICLE 
VII. 

In railing 
the purchafe 
and rents of 
lands, his 
Majefty hat 
done no- 
thing unjuft, 
only follow- 
ed the ex- 
ample of the 
proprietors. 






Comparifon 
between the 
terms of 
granting 
Proprietary 
and Crown 
lands. 



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A R t I C L E Vlir. t-^ijJ 



He has obftrudkcd the adminlftration of 
,;, juftice, by rcfufing his aflent to laws for 
cftablifljing judiciary powers. , ^;, * 

^>". :•.«« 'M.r ANSWER. ' 

There is not, perhaps, in the whole fcience of go- 
vernment, a point more difficult than the regulation of 
the judicial power. There is nothing upon which the 
peace of individuals more immediately depends ; nor 
can any material change be made in the regulation of 
this power, without, in the event, afFefting the whole 
conftitution. It is therefore, of all others, the point 
in which a wife government will be moil fearful of adf 
mitting alterations. 

It will not therefore appear ftrangc,'that his Majcfty 
fliould have been very delicate on this point. That he 
fhould have been very averfe to giving his aflent to 
laws, whofe obje£l was toeflablifh new judicial powers, 
or to admit any new regulation in thofe already efta- 
bliOied. 



The r<gn> 
Utionof the 
judicial 
powers one 
of the moft 
difficult 
points in the 
whole 
fcience of 
govern* 
aient. 



His Majefty 
therefore 
ought to be 
delicate in 
admitting 
alterations 
in thii 
point. 



Judicial pon the reader :s not to imagine, that there exifts a 

powers efta- _ , , , ..... , _ 

biifliedinaii ungle colony, where judicial powers, where courts of 

the Colo- 
out any other charge whatever. The charges of furveying are tia hnger 
paid by the grantee, but by the King out of the funds arifing from the 
fale. 

Terrible no doubt it tbt cbcck tbut given tt population I 

juflice. 



nies on the 
model of 
the (isme 
power in 
England. 



M 

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t 45 ) 

juftice are not eftabliflied. They are eftabliflied in all. ^RTiCLf 
In all ihofe who have fent deputies to the American \j 

Congrefs, thefe powers are regulated, as near as may 
be, on the model of the judicial power in England. 

' Some of the Colonies wiflied to introduce innova- Sonne of the 
tions, to eltablilh certain courts or jultice upon prin- wanted to; 
ciples which feemed to hisMajefty to clafli with the ge- '^l^^'^Zn 
neral principles of the Cohftitution. To the efta- to which the 
blifliment of thefe courts the King refufed his aflent. ed hi/af- ' 

fent. 

** NoLUMUS /f^« >/«^//<ff»»a/ar/," was thought to be Thiwttach- 
expreflive of the height of patriotifm in the mouths of ""^'.*||J^* 
the barons of old. It was referved to the American urged ai • 
Congrefs to difcover, that an unfhaken attachment to f^^j!^ ^* 
the eilabliflied principles of a free conftitution is a proof 
•f tyranny and ufurpation in a King, 






-•.1 



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ARTICLE 



Iv> ■•^;.4y-'-f - 



IX. 



He has made judges dependent on his 
will alone for the tenure of their offices, 
and the amount and payment of their 
falaries. . 



ARTICLE 
IX. 






->-> 



'V! *-^ ^t 



A N S W E 






»* If, with their allegiance, the Members of the The Con* 
Congrefs had not thrown off all fenfe of fhame, this Bfefi muft 
article would never have found a place in the lift of oftau/hame 
$heir grievances. ^^?'^ '*''» 

* _, article was 

t That jnf«ned. 



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That the Judges fhouIH. depend upon the King fof 
•* /j&^ //»«r/ o/" thtir offictiy* is no innovation. From 
the firft eftablifliment of the Colonics to the prefent 
hour it has been fo. The commiifions of the Judges 
have always been during the good pltafure of the King, 
At fuch a diftance from the feat of government no dan- 
ger can arife from it. It might perhaps be lefs con- 
ilftent with the fpirit of the ConftituCion, that their 
commiflions (hould be for life, than during the pleafure 
of the King* 

Tkat they are become dependent on the King 
** (or the amount and pigment of their Jaiaries,** reflefls 
the higheft (hame upon the Colonies-^ Was it a volun- 
tary aft of the King? No. The regulation was 
forced upon him. 

Every Governor is inftru6\ed to demand a permanent 
falary for his felf and the Judges'. The demand is con- 
Jiantly made, and has been as tonflantly refufed. It was 
the policy of the colonies to keep the Judges dependent 
on the deputies of the people for a temporary, wretched, 
and arbitrary fupport ». 

Was it reafonable to expe£(, that Judges, under 
fuch circumftances, fhould firmly maintain the rights 
of the Crown, or enforce the laws of trade, or in any 
cafe faithfully difcharge their duty, in oppofition to 
the overbearing fpirit of a democracy, or even to the 
paifions and prejudices of the multitude ? Could it even 
be expedted, that the rights of individuals would be 
better protefied than the rights of Government ? Muft 
not all redrefs of wrongs done by a more, to a lefs> 

8-,v ''M^^T * '. ,\ ■ Set Adoiiiullrttioaof theCoIonict, vol. i* p, 1. 



AAticLfi 
Ik. 

% ■ ■ - 

The Judges 
alwayi de- 
pended on 
the King 
for the te- 
nure of their 
officei. 

•.,:..■'.»'((•' 



F 1 • . - 

T hit they 
are depend- 
ent on the 
King for 
theirfalaries 
refleds 
fhame on 
the Colo- 
nies 

The Colo- 
niei alwayi 
refufed to 
grant per- 
manent fa- 
laries to the 
Judges. 



Effefts of 
this refufal 
oa the ad- 
sniniftration 
ofjuftice. 



I' • 



;• ».ii 



A^iT 



> powerfHl 



( 47 ) 

powerful fubje£t, be defperate and unattainable? It 
might well be expeded to happen, and accordingly 
we learit from the beft authority, that it actually did 
happen, — ** That all bufinefs of any moment v/as cai-- 
'* ried by parties and fadtions, and that thofe of great 
*' power and intereft in the country, did eafily over- 
" bear others in their own caufes, or in fuch wherein 
" they were interefted, either by relation of kindred, 
*< tenure, fervice, dependence, or application *." 

In this fituation what was his Majefty to do ? Con- 
quer the obftinacy of the Colonies on this head he 
could not. In vain he exhorted them to make the 
Judges independent : what they fullenly refufed, as far 
as he could do, his Majefty did : he appointed them 
falaries, as fixed and certain as any a£l of his alone 
could make them. The concurrence of Parliament was 
xiecefTary to give them permanence, 'v\ ; • i^'J ■■ c 
^ Meanwhile the dependence of the Judges on the 
Crown is infinitely lefs entire, and lefs likely to be 
abufed, than that dependence on the people we have 
above defcribed. And furely, were it poffible his Ma- 
jefty could wifi>, yet could he never hopey to render any 
part of the magiflracy half fo dependent on his felf, as 
the rebellious party has, from the beginning of thefe 
diforders, rendered the whole of it dependent upon them. 
From his Majefty's difpleafure, however juf^, all they 
could have to fear, would be the lofs of their offices 
and falaries. From the rebels, by adhering to their 
duty, their fortunes and their lives were alike in 
jeopardy. r ^ • - . . -* 



ARTICtV 
IX. 



Thli refttfd 
obliged hit 
Majefty to 
grant th«ai 
lalariet. 



Their if 
pendente on 
the Crown 
lefs entire, 
left likely ta 
be abuTed* ' 
than their 
former de- 
pendence on 
the people* 
cfpecially 
fince the re- 
bcUion« 



) 



ir 



•f 



• X Quoted from Lord Chief Jaftice Hale, and applied to theCoIonlei by 
the Author of " the Adminiftratioa of the Coloaiea," voh i, p. i lo. 

""* 'A ARTICLE 



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( 48 ) 






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ARTICLE 
X. 



offices ere. 
ated during 
the prefent 
teigni 



Board of 
Cuftoms 
cftablifhed 
for the con- 
venience of 
ttade. 



.fi-O-" 



... ARTICLE X,",; 



it Lv-». . ■■,;*» 



^-l 3|<> fr'i 



_«.. .ii. 



FIe has ereded a multitude of ncv^ 
offices, and fent hither fwarms of officers 
to harafs our people, and eat out their fub^^ 
iiilence. 

>> i .5^ ANSWER. 7*:;';''';/^ 

ToartFcIes, thus generally worded, it is not alvtraj)) 
eafy to give an anfwer. In the inftance before us^ 
however, we are under no difficulty. The ** multitude 
** of new offices created^ and the fwarms of officers fent 
•• over to America^* under the prefent reign, confifl^ 
iirft, in a Board of Cuftoms \ and fecondly, in additi- 
onal Courts of Admiralty. ''4V..^ 

As to the Board of Cuftoms, the reafons of that 
eftablifhment are exprefTed in the preamble of the hdi» 
There it Is we learn, that the officers, who had been 
appointed in virtue of an A£t of Charles the Second^ 
were obliged to apply to the Commiffioners in England 
for fpecial inftru£lions in particular cafes } that hencd 
all who were concerned in the commerce of the Co- 
lonies, were delayed and obJlruSled in their commercial 
tranfadions j as a relief therefore to merchants and 
traders, his Majefty is empowered to appoint Com* 
xniffior?r.s of Cuftoms, with the fatne powers as are 
exercifed by the Commiffioners of the Cuftoms ir| 
England. 

To cite the reafons of eftabliftiing this Board, is at 
once not only to juftify the eftabliftiment, but to provd 
its utility to the very men who complain of it. 

Butt 



' i M 



( 49 ) 

fiut ** the /warms of officers" required to carry the 
A6t into execution *' eat up the fuhfijlencc f the people " 
With what indignation miifl- this charge be received, 
when it is known, that to thefe officers, no Ji/lary 
was given by the Americans ; no f alary demanded from 
them? When it is icnown, that by no lefs than three 
feveral Adls of Parliament, it is provided, that thefe 
officers (hall take only the accujiomed fees i ? The pay- 
ments to be made depend now, as they ever have done, 
on the greater or lefs quantity of exports and imports \ not 
on the fmaller or larger number of officers appointed to 
receive the duties. 

The Courts of Admiralty were multiplied for the 
fame benevole ic purpofe, of giving eafeto the Americans 
their felves. '1 nat the defendents might not be forced, 
in the firft inftance, to apply to a general court, held 
perhaps at an inconvenient diftance j nor in the 
dernier refort, to appeal to the Courts in England. 
Before they complained ** that the means of juftice 
** were fo remote^ as to" be fcarcely attainable*.'* 
Now they complain that the means of juftice are 
brought to their own doors. 

It was fald of fome one, that he had a moft ««- 
*uenient memory : of his credits no man fo retentive ; 
of his debts no man fo forgetful. This convenient 
memory feems to have been inherited by the Members 
of the Congrefs. Is there a circumftance, which can 
by any means be mifreprefented fo as to appear to be a 
proof of innovation, or oppreffion ? it is fure to be 
feized. Is there a circumftance which no art can tor- 

y 5 Geo. III. c. 4$.— lo Geo. III. c. 37.«^ia Geo. III. c. j6. 
z In a petition from New York, recited in " the Adaiiniftration of 
t)ie Coloniet/* vol«i.p«a66t 

B tur« 





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ARTIC E ; 


X. 


No faldiirs 


cenuniieil 


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ARTICLE 
X. 



( 50 ) 

ture (o as to make it appear to be other than benefi- 
cial ? it is fure to efcape them. They forgot to tell 
us, that no new power is given to thefe officers ; that 
the Board of Cufloms continues to exercife only the 
fame power, that the Englifh Commiffioncrs had al- 
ways exercKed j that the new Courts of Admiralty 
continue to exercife only the fame powers, as had 
been always attributed to the antient Court" They 
forgot to tell us, that the falaries of the of?' of the 
four new Courts of Admiralty are ^#^</, .^u never 
vary : that thefe falaries arife, in the firfl plac, from 
the produce of the forfeitures j that if any deficiency 
remain, that deficiency is made good out of the pro- 
duce of the old naval flores : they forgot to tell us, 
that this is a fund purely Britijh : they forgot to point 
out to us how beneRcial an improvement was hereby 
made on the inftitution of the ancient Courts of Ad- 
miralty. They forgot to tell us, that the falaries of the 
officers of the ancient Courts were not limiud : that 
they arofe entirely from a certain rate afTcfTed upon the 
forfeitures ; were the forfeitures many and confider- 
able ? the falaries rofe ; — were they few and inconfl- 
derable ? the falaries fell. — Se now the mighty inju- 
ry doi^e to the Colonies : Juflice is brought home to 
them : the means of acquiring it are at hand, and 
cheap. The temptations to injuflice removed from 
the officers. To the falary of the officers no honejl 
citizen in America is to contribute. Of one clafs of 
people, and of one only, can they devour the fubfiflence. 
Will the Americans confefs, that the clafs oifmugglers 
is fo numerous in that country, as to entitle them to 
be called — by way of eminence—/^ people ? i 



i^' 



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ARTICLE 



f 



C 51 ) 

ARTICLE XL 

He has kept among us in tinfies of peace 
(landing armies, without the confent of our 
Legiflatures. 

ANSWER. 

To this article, a fuller and more complete an- 
fwer cannot perhaps be given, than what has already 
been furniftied by one of the warmcA advocates of the 
Colonifls •. 

In a Bill brought into the Houfe of Lords by this 
diftinguifhed perfonage, it was thought neceflary to 
animadvert upon this pretenfion of the Americans } 
viz. ** that the keeping a Handing army, within any 
** of the Colonies, in the time of peace, without w«- 
** fent of the refpeilive Provincial JJJembly there, is againji 
** law" High as be the efteem which the framer of 
this bill profeiTes to entertain for America ; yet, too 
fenfible is he, not to think his (tli bound to guard 
againft the pretence fo arrogantly fet up by thefe local, 
fubordinste legiflatures, of dictating to his Majefty ia 
what parts of his empire he may or may not flation 
his troops. Againft this unconftitutional claiin, one 
article of the bill was diredlly levelled. It is there 
aflferted — " that the declaration of right at the ever 
** glorious Revolution," namely, " that the riifing 
" and keeping a {landing army within the kingdom, 
in time of peace, unlefs it be by confent of Parlia- 
ment, is againft law," " had reference only to the 



(I 



(( 



*■ In the Bill brought into the Houfe of Lords ia the iirR: feflien of 
the prcfent Pariiament, by Lord Ghatham. 

"'"■•'"" Da •* confent 



ARTICLE 
XL 



It is theun* 

doubled pre- 
ro«ative of 
the King to 
A,i(ion hii 
troops 
where his 
Majefly feel 
fie. 



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ARTICLE 

XI. 
.. I* . ■ 



The mea- 
fure not 
only legal, 
but praile- 
wortby. 



( 52 



" confent of the Parliament of Great Britain :'* It i^ 
there aflerted, that " the legal, conjiitutionaly and hi^ 
*' therto unquejlioned, prerogative of the Crown, to fend 
" any part of fuch army, fo lawfully kept, to any of 
'* the Britifh dominions and pofleiflons, whether lA 
*' America, or elfewhere, as his Majefty, in the dus 
*' care of his fubjc6bs, may judge neccflary for the fe- 
*' curity and protedlion of the fame, cannot be rendered 
*' dependent upon the confent of a Provincial AJfembly in 
*' the Colonies, without a mofl dangerous innovation, and 
*' derogation from the dignity of the Imperial Crown of 
" Great Britain" 

To flop here, would be to do injuftice to his Majefty : 
to ftate, that in doing what he did, he exercifed only 
s> prerogative legal, ccnftitutional, and hitherto un- 
queftioned, is indeed fully to defend iht meafure; is to 
obviate every legal objedlion that can be made to it. 
But this is not enough : the nieafure dtfrrved praife, 
Confider a moment ; when was it that thefe ♦^roops 
were ftationed in America ? At the clofe of th? laftf 
war. During tiiat war, Great Britain had paid an 
immenfe army of foreign iroops j had given large fub- 
lidies to the Princes of Germany. To provide for the 
payment of thefe troops, and fubfidies, flie had almoft 
doubled her debt. The in.areft of this debt is to be 
puid ; the principal, gradually to be funk by taxes to be 
levied on ihefubjefts refiding in Great Britain. Dur- 
ing tljc^ fiime war. Great Britain had embodied and paid 
a militia of more than thirty tiioufand men. To raifc 
this militia, the ableft hands were taken from the far- 
mer and the manufafturer of Britain j to pay them, 
the purfes of the Britifh fubjedls were drained ; to 
find them winter-quarters, the houfes of Britifh 

fubjedU 



ARTICLE 
X!. 



( S3 ) 

ftibjefts were crowded. To what purpofe this profu- 
iion of expence ? thefe preternatural exertions of 
power ? To comply with the prayers of America ^ ; to 
conquer the enemies of America ". How, mean time, 
was thi bulk and the flower of the natio.ial regular 
troops employed ? How, but in fighting the battles 
of America ? What rem^'ned of thefe gallant; troops, 
after the multitude who had Ihed their blood in the 
ca^i^e of America, were tfjre at the end of the war. 
And war. it too much to expert that thefe troops fhould 
be ftatior ed for a while in a country which they had 
fo gallantly defended ? Surely it was but juft in his 
Majefty fo to flation his troops, that they who had 
reaped the greateft advantages from their courage in 
time of war, fhould contribute a little to their conve- 
nience in time of peace. 

It is not now the legality of the meafure we are de- Trropsne- 
fending, it is the wifdom, the p'>licy of it. Here then we account of 
may add, that, during the courfe of the war, his Ma- ",(jo„*s? 
jcfty's dominions in America had been extended, new 

b In the year 1754, the Colonies acknowledged his Majefty's **pa*er- 
" nal care for the fecurity of his good fub|e£)s of the Provinces}" repre- 
fented that " thetneroaehm»nts of the Fr»!nch threatened great dan- 
«• ger, and perhaps in time, rven the entire deftru£tion of the Colonies, 
" without the interpofition of his Majefly, notwithftanding any provifion 
*' they could make to prevent it}" humbly profefled '* their reliR nee 
" on his Majefly's paternal goodnefs, that he would take efTedlual -nea- 
'« furet for the removal of the French *." Since the caufe of their fear 
is removed, they have difcovered that it is all a miftak>. ; rhiit they never 
bad r<iH/« of fear ; and confequently, that they can'oj under no obligation 
tc us fnr having removed what never exifted. 

c The great conduflor of the laft vii.r juAified the employing fo many 
troops and paying fuch large fubfidies, in Gerirany, on this very ground 
— — " ^mcrtro, he fatdj wat conquered in Germany,^' 

* See addrejjis of the Provincet of Maffuchufei'i and Virginia, and of 
the dmmtjfioneyi ajjlmbled at Albany in 1754. 

D 3 countries 



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( 54 ) 

ARTICLE countries acquired, new fubjefts fubmitted to his go- 
^ vernment. It was but common policy to maintain Aich 

a force, in the neighbourhood of countries fo lately ac- 
quired, as might enfure the allegiance of fubjefts who 
had fo lately fubmitted, 

and of the NoR is this all } peacc was reftored to Europe, but 
Indian war. ^^^ ^^ America : the French had laid down their arms, 
not fo the Indians } they continued their incurftons 
and depredations on the provinces of Virginia and Pen- 
fylvania. To quell the Indians, to drive them from 
the very people who now complain that the troops were 
ftationed there, were thofe very troops employed. In 
what they call a time ofpeace^ a war was waging in their 
behalf J by the troops of the Crowny at the file expense of 
the Crown, 



^'xfi?^ ARTICLE XII. 

He has affeded to render the military 
independent of, and fuperior to, the civil 
power. 

ANSWER. 

No aft of To what ail of his prefent Majefty's governmentj 
government! this general charge, unfupported by any proof, by the 
to which ftiadow even of a proof, can be meant to allude, is more 
than I can take upon me to determine, or even to 
guefs. By what a(Sl has his Majefty declared, that 
the foldiers of any regiment or corps, that the officers, 
that the commander in chief, fhould be unamenable to 

tlw 



irtirle 
ulude, 



go- 
ich 
ac- 



r 55 ) 

the civil courts for civil offences ? Has not one officer 
been tried for his life ? How then has he afFefted to 
render the military independent of the civil power ? If 
dependent on the civil power, they cannot be fuperior 
to it. 

In civil matters they are dependent on the civil 
Magiftrate ; the powers only, which are neceflfary for 
the difcipline and government of the troops, are lodged 
in the hands of a commander in chief. In the fame 
hands were they lodged during the reign of his Ma- 
jefty's royal Grandfather, There his prefent Majefty 
found, and there he left them. f .- 

It was during the late reign, in the year 1756, that 
a Commander in Chief of the forces in America was 
firft appointed : the firft Commiflion was given to 
Lord Loudon <' : and that Commiffion was drawn up 
by a man, diftinguifhed for his knowledge as a flatef- 
man, his abilities as a lawyer ; and yet more dillin- 
guiflied by his zealous attachment '"• the conftitution 
of this country *, He at that time >. lA the feals : he 
affixed them to the Commiffion. 7 ne form ot the 
Commiffion, the powers conveyed by it, remain the 
fame to this hour : by his prefent Majefty, no ah ra- 
tion has been made ; no new powers have been con- 
veyed to the Commander in Chief. 

<1 His Lordfliip was a the fame time appointed Governor of Virg!ni«, 
Sir JefFery Amherft fucceeded him in both thefe employments, 
e Lord Hardwiclce. 



D 



ARTICLE 



y\RTICLE 
XII. 



In civil mat- 
ters, the 
military is 
dependent 
on the civil 
power. The 
Commander 
has no other ' 
than the 
military 
powers, 
given bv his 
lale MajtJ}y, 
A Com- 
mander in 
Chief firft 
appointed in 
the year 
1756. The 
firft Com- 
rf.ifTjon fct- 
tledandfeal- 
e(i bv Lord 
Hardwickej 
and now 
unaltered. 



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ART!CtE 
Xiil. 



Here the 
Congrefs 
throws off 
the xaiRi, 



Declares all 
AclsofTar- 
I lament to 
be pretended 
aBs ofltgi' 
Jlation, 



The whole 
jurifdiflion 
of Parlia- 
ment de- 
fc'ibed as 
foreign to 
th; ';rconfti- 
tution, 



ARTICLE Xm. '^ ^ 

He has combined with others to fubjeft us 
to a jurifdidlion foreign to our conftitution 
and zmacknoivledged by our laws ; giving 
his aflent to their pretended afts of legi- 

ilation. . . ;. 

A N S W E R. ■ 

Here it is that the Congrefs throws ofFthe malk. 
Thofe who are fo refpe«Slfully defcribed by the term of 
others ; with whom the King is fo refpeftfully faid to 
have cofnl>ined i and to whofe jurifdiftion the purpofe 
of this combination is to fubjeft the Americans, are 
the Lards and Com?jiom of Great Britain, 

Here then it is, that the authority of Parliament 
is totally and fully difclaimed ; the exercife of that 
authority is declared to be, and ever to have been, an 
ufurpation •, all A6lsofParliamentareranked indifcrimi- 
nately under the appellation oi pretended A£is of Legijlu" 
tion : they are not marked as exertions of a power 
legal indeed, but from the abufe of it become tyranni- 
cal } and, as fuch, of a nature to provoke, and by the 
enormity oi t\\zm, to jujiify, refiftance; but 2iZ pretended 
a6ls of legiflation, exertions only of a pretended power ; 
and therefore, ab initio, and of their own nature, void. 

Whose a£ts is it that they are faid to be ? A6ts of 
a ** junfdii^ion foreign (fay t' c Congrefs) to our con- 
^^ Jiitittion" It is the whole jurifdidion then of Par- 
liament, and not any one or «, ;v particular mode of it^ 
being exercifed, ** that is foreign to their conftitu- 

*^ tion," 



( 57 ) 



«< tion." The grievance Is not any abufe of the jurif- article 
di£lion, but the very exercife. -■■■'■ - • •• 



XIII. 



As much as this jurifdiftion is mow foreign to their itmuftthen 
conftitution, juft fo much it muft ahvays have been ; "'**>" •>"« 
for they do not, I fuppofe, mean to fpealc of their con- 
ftitution, as of a thing that has fprung up in the pre* 
fent reign. Every A<Sl then, by which any jurifdiftion 
was ever exercifed over this people, by any King in 
any Parliament, has been an ad of lawlefs violence ; 
the aft of a gang of criminals j a confpiracy j a combi- 
nation. The two Houfes of Parliament are not, nor ever 
were, legal Aflemblies j not bodies of men charadlerif- 
able by any legal name ; but unauthorifed, " un- 
*' acknowledged," individuals. 

Under this load of imputation it muft be fome nerha 
comfort to his Majefty to find, that in this inftance, as ^"fgcd j. 
in all thofe, which have been already, or will be here- B^Ja^^" 
after cited, the crimes alleged againft him, are no 5'!""i'on ta 

1 . ''"" with 

other than what are common to him with his illuftri- 
ous Grandfather, with the whole train of his royal pre- 
, deceflbrs j and with the whole fucceffion of Britifh Par- 
liaments. And, in truth, to his Majefty, in common 
with thefe illuftrious partners, may it be imputed, that 
ill-requited indulgence and unmerited foflcring care, 
have pampered a defperate party among thefe men, 
till they have at laft rifen to this enormous pitch of 
infolence. .,, 

Entertaining, pofefftng to entertain, thefe fenti- 
ments, what difpofition there can ever have been in 
them, to acquiefce in any dependence on Parliament j 
what degree of truth there can have been in their fre- maybe efti. 
quent acknowledgments o^ fubordination to Parliament, "j^j'j*'* ^""° 
of their readinefs to fubmitto, what they called, its legal 
prijers ^ what degree of finccrity in thofe fair offers of 

recon- 



'"g King, 
and all pre 
cediiig Par, 
'iamea:i. 



The finer, 
nty or" their 
late pro- 
fellions 



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( S8 ) 

^^XUL^ reconciliation, they fo lately thought it advifable to 
■ . pretend at leaft to make, let every loyal American, 

let the whole Britifli nation, let all Europe judge. 



ARTICLE 
XIV. 



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"■ 1, 31' 



This article 
anfwered 
under the 
eleventh, fo 
far as re^ 
gards the 
ftationing 
the troops. 
Quartering 
the troops 
the neceffa- 
ry ccnfe- 
quence of 
ftitioning 
fiem. 
If the Colo, 
nial Legif- 
latures will 
not compel 
the Magif- 
tratestopro* 
vide quar> 
ters, they 
muft be 
compelled 
by Parlia- 
ment. 



ARTICLE XIV, 

For quartering large bodies of armed 
troops among us. 

ANSWER..'. 

This article, fo far as it relates to the hare JIaiiomng 
of the troops in America, has been already anfwered un- 
der the eleventh article. 

So far as it relates to the providing of quarters for 
the troops, it fcarcely deferves an anfwcr. The one 
is the nccefljry confequence of the other. If troops may 
be Rationed in America, quarters muft be provided for 
them in America. If troops be ftationed for the pur- 
pofe of prote(9;ing a particular place, quarters muft be 
provided in, or near that place. If the Provincial Ma- 
gifirates be either not empowered, or not inclined ; 
and if the Provincial Aflemblies will not, or cannot, 
empower, and even compel the magiftrates to affign 
fuch quarters, what is to be done ? One only body 
there is, whofe controuling power fuperintends the 
whole of the empire j that body is the Parliament, 
From Parliament therefore the magiftrate muft receive 
thofe powers which he cannot obtain from the Provin- 
cial AfTemblies. 

Far 



rl 



■it 



for 



Far 



( 59 ) 

Far indeed was the Parliament from exerting, on ARTICLE 
this occafion, a greater power than other Parliaments ^ 

have exercifed over other parts of his Majefty's domi- Still gr«tcr 
nions. But a few years after the Revolution, we meet edin ire- ' 
with a vote of the Houfe of Commons, carried after- *»"••• 
wards into execution by an A<5t of Parliament; by 
which, not only the number of forces to be kept in Ire- 
land is afcertained ^ j but it is enabled like wife, that 
Ireland ftiould — not provide quarters^ but — maintain (fay 
the votes) e, " maintain at \\s fole charge" (fays the aft) , 
the forces in conlequence of this a6t to be kept in 
Ireland ■». 

That there was any thing oppreffive in the mode of Nothingop- 

, , . . , . , preftive in 

quartenng, is not pretended ; it is the quartenng them the mode of 

at all ; it is the quartering them there, where their fer- q|<"t^"nR 

vice might be required ; that is the grievance alleged. 

So tender was the Britiih Parliament, fo very delicate 

on this head, that even in the year 1 774 — when an 

open rebellion was commenced, when afts of coercion 

were necejfary^ when the fevereft meafures would have 

been juftified j— it allowed the Commander of the Bri- 

tifli forces to deviate from the laws then in force, as to 

me particular alone. In towns, where barracks were 

built, it left it indeed to his difcretion to quarty his 

troops in thofe barracks, or in the town, as he ihould 

judge it moft convenient for his Majefty's fervlce. In 

every other refpeft, he was commanded to quarter and to 

billet them in fuch manner as was then d'ire£fed by 

law^. 



f Twelve thoufand. 
h xoWUKIiUci. 



g See Com. Journ. vol. i. p. 50. 
i See 14 Geo. III. c, 54. 



ARTICLE 



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ARTICLE 
XV. 



This cliarge 
is frantic. 



The Colo- 
nies in ac- 
tuai rebel- 
lion when 
the Aft, to 
vrhich it al- 
ludesi was 
pafTed, op- 
pofing the 
execution of 
Ads of Par- 
liament by 
open force, 
and denying 
the autho- 
rity of Par- 
liameiit. 



A R T I C L E XV. ' 

For proteding them by a mock trial 
from punilhment for any murders which 
they fhould commit on the inhabitants of 
thefe ftates. 

..ANSWER. 

Were this the firft hutnble apptal which the chiefs of 
the rebellion had made, it would be difficult to guefs, 
at what AtS^ of his Majefty's reign this frantic charge 
could be levelled. — Would any fober man imagine, 
that the Congrefs were fpeaking of an A£l, vrhofe avow- 
ed and real objeft is, '* the impartial adminijiration of 
" yujlice f" That they could ftigmatize, as being made 
for the exprefs purpofe of proteding thp troops from 
punifhment, an A£l from the very beginning to the 
end of which, not a word, not a fyllable occurs about 
the troops ? Yet fo it is. 

The A(fl to which this article alludes, was pafled in 
the year 1774''. At that time, not only, as it is ex- 
prefled in the preamble, ** had an a£lual and avowed 
refiftance, by open force, to the execution of certain 
A£l:s of Parliament, been fufFered to take place un- 
'< controuled and unpunifhed, in defiance of his Ma- 
** jefty's authority, and to the utter fubverlion of all 



cc 



(C 



k i4Geo. III. c. 39, 



(( 



lawfu) 



' T-^i 



( 6i ) 



ifTed in 
is ex- 
ivowed 
■certain 
Ice un- 
tis Ma- 
of all 

1 lawful 



« lawful government." But farther, the very power 
of Parliament to pafs thefe a6ts, or indeed any afts, 
binding en the Colonies, was now as openly called in 
queftion. ' - - 

Under thefe circumftances what was to be done ? 
Two ways only prefented their felves. The on**, 
to repeal the A6ls and recal the perfons appointed to 
carry them into execution ; the other to enforce the A£ls, 
2xAJupport the perfons. 

Those who advifed at that moment, and under thofe 
circumftances, to repeal the A£ts and recall the perfons, 
advifed, in other words, to give up America. 

If to that advice no attention could be paid, the 
laws were not to be repealed ; they muft therefore be 
enforced ; the perfons app !nted to carry them into 
execution were not to be recalled ; they muft therefore 
be fupported. How could they be fupported, unlefs 
in the difcharge of their duty, Government held out to 
them legal protection ? 

To the execution of the laws, open force had been op- 
pofed J to thofe who had attempted to carry the laws into 
execution, open violence had been offered j the temper of 
the people was not changed ; what had happened would 
probably happen again j in fuch cafe, force was to be re- 
pelled by force. From fuch aconfliiSt, deaths might enfue. 

If in their own defence, if in repelling the 
lawlefs attacks of men, who obftrudted them in 
the execution of their duty, a Magiftrate, a fervant 
of the Jrown, civil or military, had killed an infur- 
gent, what would have been his fate f To have 
been tried by ajuiy, parties perhaps in the infurredtion, 
afluming as law, that the A6t commanded by Parlia- 
ment was illegal^ and therefore every thing done in de- 
fence 



ARTTCLt 
XV. 



The Afl» 
therefore 
muft be re* 
pealed, or 
enforced, 
and the per« 
font ap- 
pointed to 
carry them 
into execu- 
tion recalled 
orfupported. 
To repeal 
theA(h,and 
recall the 
perfons, was 
to give up 
America. 
The A£l8 
then were 
to be en- 
forced, and 
the perfont 
fupported. 

If force was 
oppoicd to 
them, it 
muft be re- 
pelled by 
torce. 



If deaths 
w re (he 
confe- 
quence,Ma- 
eirtratef, 
&c> wee 
lubie to be 
tried by a 
jury, who 
vizrtfart'ieSf 
and who de- 
nied the au- 
thority un- 
der which 
the/ a£Ud« 



\ ' 



t } 



J 






in' 





■ 


, 


, 


II 

'1 ; 1 




f 


■' 




1 


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if ' 

i ! 


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H 




1 



I 



i4. 



ARTICLE 

XV. 



The alter- 
native til be 
mafTiicred by 
a mobf or 
inurdeie>l by 
the hands of 

firetended 
uflice. 
To prevent 
thii^ the 
fcrne of trial 
and (heper- 
foni of the 
trieri were 
changed, a 
thing prjc- 
tifedinEng- 
laud, &c. 



Afl tempo- 
rary flnd 
provifional j 
adapted to 
the then 
ftate of the 
province. 



( 62 ) 

fence of it, illegal too, and theiv-fore every killing 
murder. '■' 

It was not, in the nature of things, that under 
thefe difcouragements, the fervants of the Crown 
fhould difcharge their duty } the probable alternative 
was either to be maffacred by the mob, or murdered by 
the hands of pretended juftice. 

How were thefe difficulties to be obviated ? There 
have been parliaments, who would have gone a very 
(hort way to work j who would not have ftaid to untie, 
but would have cut the knot. They would have fuf- 
pendcd the ordinary courts of juflice, appointed fpecial 
commiflioners for the trials of the culprits, or have 
eftabliflied martial law. — Inftead of this, what was 
done ? the ordinary courts of juftice were not fufpend- 
ed, no fpecial commiffion was appointed ; marti>il law 
was not eftabliHied ; the mode of trial was not altered, 
it was left to a jury j care only was taken, that the 
jury fliould be men ** moji fuffic'tent^ and leaji fufpici- 
*' oui '." And that was efFedled by an expedient prac- 
tifed often in England, and in Wales, uponlefs urgent 
occafions \ pradtiCed in Scotland, when Scotland was 
in rebellion. The fcene of trial onlyy and the perfona 
of the triers, were changed. 

That tin; intent of the Aft might not be miflaken j 
that it might appear upon the face of it, to be adapted 
only to the then tumultuous flate of the Colony, it was 
declared to be a temporary A61, to be in force only for 
three years j to operate only as to perfons afting 

1 Defcription of a jury, 28 Edward I. c. 9. That a jury fliould be com- 
pofed of men moft fufficient, and leaft fufpicioui, muft be always a circum- 
flance anxioufly to be defired s that it fliould be compored of men of thS' 
vicinity is oftan a circumftance to be as anxicufly avcided. 



( 63 ) 



ARTICLE 
XV. 



in their duty as Officers of the Revenue, or as Magi 
ftrates, or under the order of Magiftrates ; nor to ex- 
tend even to them, but upon information upon oath, 
that the indidment or appeal is brought for a£ts 
committed under thefe circumftances ; upon proof, 
moreover, that an indifferent trial could not be had 
on the fpot. 
To fufFer the trial to take place in the fcene of in- J"'"'* . 

, r^. . . . .n r ^ • r ■ luftered the 

furreccion, m the midlt of the mlurgents ; to appomt trial there, 
the Infurgents their felves to be judges, would deferve t^nto"^* 
a feverer reproach, even than that which thefe men coT.mand 
audacioufly throw upon his Majcfty.— /i* ivould be if 
command the innocent to be murdered by a mock trutl. 



I 



1 

I 

1 






ARTICLE XVI. 

For cutting off our trade with all parts 
of the world. 



ARTICLB 
XVI, 



i 



taken } 

[dapted 

it was 

\\y for 

I a£iing 

be com- 
circam- 
0f tbS' 

in 



ANSWER... 

If thecaufe of rebellion admitted of ingenuoufnefs or 
candour, we might be furprifed at finding this article 
among the lijl of grievances, — That lifl:, we were taught 
to expe£);, was to confift of zStsoi opprejfton^ tending to 
provoke rejijiance, and fee, they give us an adt of 
felf-defence^ exerted in confeqkence of reflftance al- 
ready (hewn. Have they forgot, or do they wifh to 
conceal, from their deluded followers, that the dura- 
tion of this a£l depends upon their felves? Severe though 
X i( 



Thii article 
reprefents 
an »&. of 
felf defence^ 
exerted la 
Confequenc« 
of refjft- 
a;ice, as aa 
aA of op-> 
preinon 
teniiing t9 
provoke re< 
fidancci 



> { ! 









M' 

♦■ 



^. 



i'iJt 



! 



f '' 






ARTICLE 
XVI. 



TheAfVnot 

pafled till 
flrdi nances 
had been 
nade in the 
Colonic) to 
flop all com- 
munication 
with Great 
Britaiot 



( 64 ) 

it be not, yet let us allow it to be foj the remedy is irt 
their own hands. Let them return to their al'egiance, and 
the A£l is repealed by itfelf. 

Were the efFefts of this Aft yet ten times more 
ruinous than they are, by what right do they com- 
plain ? Have they forgot that they fet the example ? 
Before this A£l took place, they had pafTed Adts— to ufc 
their own phrafe — of pretended legiflation^ forbidding, on 
pain of deaths to hold any correfpondence with the 
people of Great Britain ; had ifTued commifllons for the 
Icizure of Britifli (hips ; had appointed Judges, in the 
different ports, for the condemnation of Britifh cap- 
tuiv.:. — That they attempted only to cut off our trade 
with our own Colonies j that they did not attempt to cut 
off our trade with the other quarters of the world j 
they will, I prefume, allow to have proceeded from 
•weaknefs^ not from good ivill. 



ARTICLE ARTICLE XVII. 

XVII. 

For impofing Taxes on us without our 
confent. 

ANSWER. 

This was originally the apparent objeft of conteft. 
M?g?nli ob. Nor could any thing have been found more proper to 
jeftefcon- ^orlc UDon the people. Such is the felfifcnefs inhe- 

teft, and a f , . , , 

popular one. rent in human nature, that men in general are but 

too apt to fieze any pretence for evading the ob- 

. : . • . ' • 1 ligation 



m \ 



I !i 



H 



i 6s ) 

ligation of paying the fervants of the Public. To hold 
forth fiich a pretence, mud be a fure road to populari- 
ty, and to all that power which popularity can give* 
Like the Agrarian law among the Romans, it is a 
ftandard to which the multitude would naturally 
flock. ^ ii^ii V> . 5ii,v >> r^ti cj ,- , •. ' .■ t 

" In the inftanCe before us, the paft indulgence of go- 
vernment gave to the pretence a feeming weight, which 
it would otherwife have wanted. For one thing ap- 
pears to be indifputable ; had this ungrateful people^ 
from the beginning* contributed to the common bur- 
dens of the date, in proportion as, by the care and pro-^ 
te£lion of the Britifh government they had profpered | 
had their contributions all along kept pace with their 
ability, they would have wanted the moil fpecious of 
thofe fliallow arguments, by which they have fought 
tojuftify rebellion^ v > * »' • ("^^ ' -' - ;--' 

But though the taxes impofed by Parliament on the 
Colonies, had not, in any degree, kept pace with 
their abilities, taxes had been impofed* No new power 
was now, for the flrfl time, afTumed. 

By the long Parliament, whofe pradlice, and whoffi 
principles, the Congrefs feems to have propofed as its 
model, and therefore cannot but approve, not only 
Were the Colonies taxed, but that particular mode of 
taxation was adopted j which has been generally confider- 
ed as moft dangerous to the liberty of the fubjedl.-i^ 
They were taxed by an Excife ". 

After the Reftoration of Charles the Second, an 
Aft was pafled by which duties are impofed upon certain 
enumerated goods, the produce of the Colonics, car- 



it rticlb 

XVII. 



The pre- 
tence 

Arengthea- 
ed by the 
pa(t indul- 
gence of go. 
vernoientt 



Taxes had 
been im- 
pofed. 



By the long 
FarliamcnCi 



Tn the re'gn 
of Chailct 
II. 



; 



i j 

ll 

1 



>" See Lords Journals, voh vlii. p, 68 J* 



i-ied 



.!• 



i\ f 



5f 



n 



i ' 






V. I 



M 



I 



^1 I 



Of Wil- 
liam I1I< 



( 66 : 

ARTTCT-B ried from one Colony to another. The duties are or- 
tiered to be levied by perfons deputed by the Commif- 
fioners of the Cuftoms in England, under the authori- 
ty, and by the dire^lions of the Commiffioner of the 
TrtAfury in England j the produce of thefe taxes was 
appropriated, not to the fcrvice of the Colonies 
where they were levied, but to general national jpur- 
pofes", • VV -'-.-'.....-•. ..- .-- .. . — 

Was this Afl conildered as unconftitutional after 
the Revolution ? So far from it, that it was explained 
and confirmed by an A<S of King William*.'^ Not on- 
ly was it confirmed, but the manner of confirming it^ 
was the Arongefl that could be invented. All laws, 
ufages, or cuftoms in practice in any of the Planta- 
tions, then or thereafter, contrary to this A«ft, or to 
any A£f of Parliament thereafter to be made, are 
declared ^ 'le illegal^ nullt andveid^ to all intent i and 
purpofes whatfoever. -..,,.. • . . - , r, . . y 

The fame power was exerted ynder the reign of 
Queen Anne ; the hOt for eftablifhing a pofi>office 
binds the Colonies as well as Great Britain; fixes 
the rates to be paid there ; appropriates the proozice 
of thofe rates i*. The h.6t impofing fixpence a month, 
payable by all feamen to the fupport of ih^ royal 
Hofpital of Greenwlchy extended not only to Great 
Britain, but to Ireland, and to all the d<min$tns there- 
unto belonging 'i. The feveral A'ts pafTed in the fame, 
and confirmed or altered and amended in fucceeding, 
reigns, impofing a duty on prize goods, and appro- 

>■ ft5 Ctr. II. c. 7. See alfo Douglai's SummaTy, vol. i, p. zig* 
• 7 and 8 Will. Ill, c, aa, P 9 Annc^ c. jo, 

4 10 Aone, c» 17. 

prlating 



Of Qijeen 
Annri 



(irlati 
Crow 



(( 



(( 



I f !•! 



:!' ! 



:■! 



MM 

))rlating the Aims ari/lng therefrom to the ufe of the ^^'^'^^^ 
Crown, are al! manifeft A6ts of taxation* • , ,, . -- 

Nor did the illuftrious Houfe of Hanover depart of Geo. i. 
from the policy adopted, or abandon the powers exer- 
cifed in this behalf, by their predeceflbrs ? One of ' , . 

the firft Adls of the reign of George the Firft fpeaks of - 
Plantation duties ; ordeirs them to be paid into the 
Exchequer of England i and appropriates the produce 
of them, not to the particular fervices of the Colonies, 
but tc the maintenance of the houjl'held; and to public 
general y^rv/fw '. 

By the inattention of thofe who drew up the AiSl of OfGeo.tl* 
Queen Anne, imposing a duty of flxpence a month on 
all feamen for the maintenance of Greenwich Hofpi- 
tal, the Commiffioners of the Admiralty were not em- 
powered to appoint colle£lors to receive this duty in 
America J though the claufe of taxation extended to 
America. Early in the reign of his late Majefly this 
cmiflion was perceived and rectified. Proper powers 
were given for the appointment of Colledlors : All 
feamen employed in America, whether *' upon the 
" high fea, or in any port, harbour, bay, or creek,'* 
or '* upon the coafts," or ** upon the rivers," are fub- 
je£l to the payment of fixpence a month; or to the 
fame penalties upon non-payment as the feamen of 
Great Britain*. Yet the Americans did not complain 
of this A6k i though it Impofed a tax, not for the 
particular fervice of the Colonies ; not for the general 
fervice of the flate j but for a particular eilabllfhment 
in England. In the fame reign an AcSt was paflTed, Im- 
pofing certain duties on all foreign fplrits, molafTes, 



r I Ocfi (t«ti 2i ttg, »• 



• aGM. U. cap. 7' 

S a fyrups; 



'II 



I 



{ il 



h 

If * 



I I 



fi ; 



Hi' 



!■. ; 



'< i 



( 68 ) 

^xvii.^'^ fyfupSj fugars, and panels, imported into the Planta- 

! — tions: In the impofition of thefe duties, the ufual 

■ • . terms of giving' znd granting f are applied, -t."- 



To thefe 

Afls the 
A tuf ricaiiS 
fubmitted. 



Their con- 
fent was not 
alked then 
more than 



The taxes, 

impoifci in 
t!ic prefent 
r ign, iT.o- 
derate j not 
equal to 
t.ieir pro- 
portion. 



Did the Americans at that time call in queftlon 
the power of the Commons to give and granty and ap- 
propriate thefe duties ? Did they call in queftion the 
power of the King to receive and expend them? Or 
of the Officers to colledl them ? Or of the Courts 
of Juftice to enforce the payment of them ? Why then 
obje£l to the exercife of the fame power, by the fame 
bodies, in the prefent reign ? How do they eilablifli 
their proofs of ufurpation ? •'' «^ii«s^^Ji*) ""4:. "M 

Their confent has not been afkedto the taxes im- 
pofed in the reign of his prefent Majefty. Was it 
afked to the taxes impofed in the reign of his prede- 
ceffors ? No. They arc not reprefented now ? Were 
they otherwife reprefented then ? No. Did they wifh 
to be reprefented ? Nor that neither. But they wifh- 
cd not to be taxed. They were contented to enjoy 
the benefits, but chofe to decline bearing any part of 
the burdens, of Government. 

Since therefore, on the fcore of ufage or cuflom, 
no obje<5lion can be made to the power of taxation 
itfelf, dops any objedlion lie againft the particular 
A£ls of taxation, during the prefent reign ? Does the 
objedtion lie againft the quantum to be raifed ? Is that 
more than they could bear ? It is fcarce pretended that 
it is. Does it exceed the proportion, which the 
Americans (hould bear of the common burden of the 
ilatc ? This, I believe, one of their Agents did fay : 
He might as well have faid, that two were more than 
tv/o hundred. Would it have reimburfed the capital, 
c i^^v* would 



II 



( 69 ) 

would it even pay the intereft, of the immenfe funis 
expended for the ufe of the Colonies ? It could not he 
pretended '. Would the produce of thefe taxes pay 
their proportion of a deht of 70,000,000/. con- 
tradled during the lafl; war : A war undertaken in their 
defence? Nor that neither. Would it pay the 
350,000/. annually expended in maintaining their 
own eflablifhments, civil and military ? Nor that 
neither. How then were they taxed beyond their pro- 
portion ? ,: Uf! .. r.:. f 

If no obje£lion lie to the quantity of taxes impofed, 
it was perhaps to the mode of taxation that their ob- 
jedlion lay ? Was the mode a bad one ? They could 
fcarce pretend to fay it was j they had no more ex- 
ception to this, than to any other* Was it unprece- 
dented ? Among them, perhaps, one of the modes 
adopted was without a precedent } but long fince had 
it been eftabliflied among their fellow-fubjeds in Great 
Britain. And are fubje£ls to revolt at any time, upon 
every alteration, whether for the worfe, or whether 
for the better, in the mode of taxing them ? 

Was it to the ufes to which the fums levied were 
to be appropriated, that any objection could lie ? Nor 
that neither. For the taxes impofed on the Colonies 
in the prefent reign, were not applied to the mainte- 
nance of the houfehold j nor to the fupport of eftablifh- 
ments in England, as many taxes impofed on them 
in former reigns had been; they were appropriated 
to the maintenance of Government in America. 



I 

'I 



ARTICLE 
XVII. 



The morfe 
of taxattoa 
not a tad 
one. 



The fumi 
applied to 
the fupport 
ot (iicir own 
Giivern- 
ment. 






t Since the acceflion of the Houfe of Hanove^ that is, duting a fpare 
of fixty years, Great Britain has expended on the revolted fubje£ls no 
lefs a fum than 34,697,142 /. 10 i. 10 d. See vouchers in " The Rights 
'* of Great Britain atTerted." 



E3 



' Upon 



.'t 



-*■<:,{. '^ 



:e 



IS: 





*f ' 










■ 




■ M 


• 



iiy 



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t'. 



i .1 



1 



I. i 



! .i 



ARTICLE 
XVII. 

The griev- 
ance there- 
fore imagi- 
nary. 



( 70 ) 

Upon the whole then, neither was any new powef 
afliimed in taxing them, nor in the exercife of an ac- 
cuftomed power were they hardly treated in the 
proportion affeffed j nor were they aggrieved by any 
oppreUive mode of colle6Ungj nor were they called 
to contribute towards Cervices, in which they had not 
an immediate intereft. Whatthen was the grievance ? 
It exifled in imagination only. They were afraid, 
that one time or other, God knows when, they fhould 
be aggrieved ; either by being aflefled beyond their pro-^ 
portion, or by being fubje£led to an oppreflive mode 
of payment; or by being forced to contribute to 
fervices, in which they had x\o immediate intereft; 
and therefore they wf :'.J not be taxed at all. To 
prevent an evil, poffible only in future, they refufe 
to fubmit to a prefent certain duty. To guard againft 
oppreffion, at fome diftant period, they think it right 
to fly out into adtual rebellion. 



ARIfc" ARTICLE XViil, 

For depriving us, in mah^ cafes of th^ 
benefit of trial by Jury, c j. , r,^ c, t -,. 

. '. '•'.-. :..;•/ 'I'^-i^-.'- . .. ' ' i.<' »* t-*'' . 'n f.» iivii ^ 

ANSWER. -'>V'-:?rt^w: 

It it to 

cafes cog- Thb cafes, in which the Americans are deprived 

the Courts of the benefit of trial by jury, are confined to thofe, 

mi5 thit *^^ cognizance of whic|> i§ attributed to the pourts of 

this Article yfdmiralty^ . •: - - . . ., 

»»"<»«• , ■ ■' " t- ' ■ ' Tq 



* I! 



It I 



,,,.,1 



sw power 
>f an ac-* 
in the 
by any 
ey called 
y had not 
rievance ? 
re afraid, 
ey ihould 
their pro* 
ive mode 
tribute to 
intereft ; 
all. To 
liey refufe 
rd againfl 
k it right 



of th«i 

deprived 

to thofe. 

Courts of 



( 71 ) 

-rtrr To allege, either the inftitution, or thejurifdi^lion, 
of thefe Courts, in fupport of the charge of ufurpa- 
tion, the Congrefs fhould have proved — either that 
Courts of Admiralty were unknown in the Colonies, 
till the prefent reign — or that their jurifdiclion has 
been extended to cafes, to which, in no preceding 
reign, it ever had been extended. 

The former of thefe aflertions, fo long as there 
remains a fingle copy of our Statute-books, there is 
no great danger of their making : The latter they have 
made. Yet to what cafes does the jurifdiilion of 
thefe Courts at prefent reach ? To breaches of the 
A<Sts of navigation, to queftions of revenue. — To 
thefe and no other. It extends lieither to civil fuits, 
nor to pleas of the Crown. Where then is the ex- 
tenfion of jurifdiilion? The jurifdidlion is confined 
to that clafs of cafes alone, for the determination of 
which the Courts were originally inflituted. 

Of the whole lift of charges, fo confidently urged 
againft his Majefty, each feems to be diftinguifhed by 
its own peculiar abfurdity. In confidcring this charge, 
for inftance, one cannot but remark that no harder 
meafure is meted out to the Americans than to their 
fellow-fubje£ls in Great Britain. In America, quef- 
tions of revenue are not decided by a jury. In Eng- 
land, are breaches of the laws of Excife, of the land 
tax, of many other revenue laws, decided by a jury ? 
Are we therefore at liberty to rebel ; to take up arms 
againft Government? To difdaim all allegiance to our 
Sovereign ? 

The original inftitution of Courts of Admiralty was 
pot, we have feen, the aft of his prefent Majefty. To 

E 4 - , ^ ,, him, 



A'lTICLE 
XVIII. 

No proof of 
ufurpation, 
unleii thefe 
Courts wp.e 
unknown 
till the pre* 
fent reign, 
or their 
jiir:fii;£Hon 
b' ex. ended 
(o new cafes. 
But t.hcle 
Ccuris were 
eftablifli;d 
long before 
the prefen!: 
reign, nor is 
th*ir jiifif- 
d'£li(.n ex- 
tended tu 
new cafes. 



In England, 
nuny cjft* 
of icvrrme 
are decided 
M'itliciit a 
jur\. 



Reafons for 
the original 
inftitution 
of Courts of 

Auiiiliial.Jft 



'■ " II 



( '■ 



( 



s 



I 



/ . 






il' i 



I fi^':^M 






H|. 



iifi'' 



?:] 



1i 






I; 






ARTICLE 
XVIII. 



Courtt 
wichout a 
jury infl'- 
tuted in the 
r. jgu of" 
KingWil- 
Jiam for the 
trial of pi- 
rates. 



■ 1 i 1= : 



Thcfe were 
criminal 
ca/iiiai 
c«rc:>. 



(■ 72 ) 

him, therefore, if the inftitution be a wife one, no 
praife j if it be unwife, no blame, can accrue. It may, 
however, be worth while to obferve, that thefe Courts 
were inftitiited, and breaches of the Ads of Navigation 
and Revenue were referred to them, for reafons thencon- 
clujive^ and Jiill fubfifting, at leaft with unabated force. 
No juftice could be expeded from juries, becaufe n,o 
juries could be found who were ^ot partners of the guilt. 
Under thefe circumftances, the inftitution of courts 
who fhould decide without a jury, was a remedy which 
could not but occur, and which has been adopted on 
other occafions. > 

In the beginning of the prefent century, the feas of 
America fwarmed with pirates. In this virtuous coun- 
try, it was impoffible to bring the offenders to juftice. 
The chief men among the Colonifts had a joint in- 
tereft with them. Was the Governor aftive in his en- 
deavours to fupprefs them ? Petitions were fent home 
figainft him : The King was prefTed to recal him. 
Did he attempt to feize the criminals ? His attempts 
were generally baffled ; the Colonifts gave them intel- 
ligence. Did he fucceed in his attempt ? Scarce a 
magiftrate could be found to join in the examination 
and commitment. Were the criminals committed ? 
The gaolers, either interefted, or bribed, or intimi- 
dated, connived at their efcape. Did they not efcape, 
\vere they tried ? Scarce a jury would convidl them. 
Were they convidted ? The laws of the Colonies pro- 
nounced no adequate puniftiment againft them. 

The loffes fuftained by our merchants were enor- 
mous. They applied to Parliament; dated their 
grievances, and the impoflibility of obtaining redrefs 
in the courts of the Colonies ". This was in the 

y Sec Com, Journ. vol. xiii. p. 31, &c. 

reign 



I ' 

r 



.-i . 



tl I 



ARTICLE 
XVIII. 



T 73 1 

«eign of King William, not long after the glorious 
epoch of the Revolution. Did the Parliament at that 
time confider it as unconftitutional, as contrary to the 
rights of the fubje£l, to conftitute courts, who fhould 
decide without juries, even in thefe, which were crimi- 
nal, capital cafes ? No. An Adl was pafled empower- 
ing his Majejiy to appoint Commiljioners for the trial 
of pirates in any of his Majefty's IJlands, Plantations, 
Colonies, Domit:ions, Forts or Factories ^. Seven only were 
enough to conftitute a court. In the defcription of the 
perfons the King was not confined ; he might appoint 
whomfoever he thought fit to appoint. No jury was 
to be fummoned j the majority of feven decided with- 
out appeal ; the perfons condemned were to be executed 
and put to death in fuch time, in fuch manner, in fuch 
place, as the majority of the court fhould command. 

Did the Colonies dare to call in queftion the 
right of Parliament to enaft a law fo fevere and un- 
ufual ? or to deny the authority of the Commiffioners 
who adted under it ? or to oppofe the execution of 
the fentences they pronounced ? — No. — The Colonies 
at that time felt that their exiftence depended on the 
prote«5lion of Great Britain. The Britifh Govern- 
ment at that time was vigorous and ftern. Vigorous 
and ftern, indeed, was the penalty which enforced 
the ex'ecution of this Adl, 

« Be it enafted," (fays the Legiflature) " That if Thepenaity 

** any of the Governors in the faid Plantations, or any thirAft 

« perfon or perfons in authority there, Ihall refufe to ^*^"^°'"'* 

" yield obedience to this A6t, fuch refufal is hereby rous and 

f * declared to be a forfeiture of all and every the charters '*""' 



The Colo, 
nies did not 
call in quef- 
tion the 
right of 
Parliament 
to paft this 
ASl. 



w II & l» Will. III. c. 7, 






** granted 






r I 



s 



W 



i M 



I 
I 



(1 






' 



I 






( 74 ) 

^xvifr" ** granted for tht gnemmita 9r propriety offucbPlan/i 
, 1 " tation." 

Had the framers of the Stamp-AA fpoken in the 
fame manly fiile, America had never revolted. 






ARTICLE 
XIX. 



ARTICLE XIX. 

For tranfporting us beyond fea to be tried 
for pretended offences. 









Thefe often- 
ces arcTreaa 
Ion, mifpri- 
fjoiiofTiea- 
J'on, and 
burning his 
Majefty's 
Aorci, tee. 

Called here 

pretended 

effinces. 



Confidered 
by the Par- 
liament as 
r/d/offea- 
cei. 

Offenders to 
be tried in 
England} in 



r ANSWER. , . - 

The offences, to which this article alludes, are 
Treaforty mifprifion of Treafon — and burning his Ma- 
jefty's yards, arfenals, fhips, or flores. 

These, in a language well exemplified by their cop- 
du(Sl:, the members of the Congrefs ftile — pretended 
offences. They had before declared A£is of parlia- 
ment, to be ^r^/^wdfei >^(f7j «^ /f^/^a//c«. The progref- 
fion is neither rapid nor furprifmg : If Adls of theyu- 
preme power of the ftate be only A<fts of pretended legi- 
JIation, offences, levelled againfl the exijience of the 
ftate, may well be ftiled pretended offences. 

Happily, however, the Parliament confidered them 
as real offences, and conceived itfelf bound to pro- 
vide, that men, guilty of them, fliould be brought to 
condign punifhment j men, accufed of them, to zfair 
and impartial trial. To this end, a power is given to 
the King, to order fuch perfons to be tried in Eng- 
land. 



( 7J ) 



hnd «. This power was given in the cafes of Treafon 
and mifprifion of Treafon, by an A61 of more than two 
hundred years ilanding t : In the cafe of burning his 
Majefty's fliips, ilores, &c. by an Adi of the prefent 
reign*. " ' ^ " 

As to the power granted in cafes of Treafon and 
mifprifion of Treafon, by the A€l of Henry VIII. it 
cannot, I thinic, be imputed to his prefent Majefty as 
a crime ; as a proof of tyranny or ufurpation, that two 
hundred years before he was born, the Parliament of 
England thought proper to veft this power in the 
hands of the Crown. It cannot, I think, be imputed 
to him as a crime, that during a period of more than 
two centuries, in all the fucceHive changes and refor- 
mations which the conftitution of England has under- 
gone, this power has remained untouched ; till this 
moment uncenfured ; that neither the framers of the 
petition of Rights, or of the bill of Rights, nor thofe 
who eftablifhed the fucceflion in the Houfe of Hanover, 
thought it fit or expedient to dived the Crown of this 
power, or to alter the provifion of this Aft. 

This is the more remarkable, as the Aft: in quef- 
tion, though of long ftanding, is not obfolete, has 
not, through non-ufe, funk into oblivion. From the 
very nature of the offence it was not likely that fre- 
quent occafions fhould occur of putting this aft in 
force. Occafions, however, have occurred j and when- 
ever they have occurred, the Aft has been put in 
force, both before and fince the Revolution. 

« To be tried in England, they muft be brought to England— So long as 
England^ with refpecl to them, it beyond Tea, they cannot be brought to 
^n^Und, yi'ithout being traufforled iyond fm, 

y 35 Hen. VIII. c. 2. ■■,,/ ., «.«!-: ... ^ . 

? 12 Geo, III, cap. 2^. ... ,. 

Not 



ARTICLE 
XIX. 

the cafe of 
Treafoni&e. 
by an A& of 
Henry VIII. 

in the cai'c 
of burning 
his Ma- 
Jefiy'«fliip«, 
Ac. by an 
Aa of the 
prefent 
reign. 

It cannot be 
imputed to 
hiS prefent 
Maj'fty 
that an Aft 
was paH'ed 
two bun> 
dred years 
before he 
was born, 
nor tl.at it 
conti/iucs 
unrepealed. 



The rathv, 
as this AA 
has been put 
in fpfce, 
whenever 
occaHun of 
putting it in 
force oc- 
culted. 



I .■ 



1 



( 76 ) 



ARTICLE 
XIX. 



I;J. 



iVgainft of' 
fenders in 
Carolina. 



Not long before the Revolution, and during the 
time that difputes between the proprietors and people 
of Carolina had excited almoft a civil war, Sir John 
Yeomans, the then Governor, fent over one Cul- 
pepper, who was tried upon this very A6t in Weft- 
minfter Hall, for High Treafon, and acquitted •. 

In Antigua. After the Revolution, in the year 1710, the inha- 
bitants of Antigua, difgufted at the conduif): of Colonel 
Parks, their Governor, anH not having been able to 
obtain his recal, rofe in body and malTacred the 
Governor at his own door. That a crime, in the 
commiiEoi: of which fo many had partaken, fhould be 
. punifhed as it deferved, on the fpot, was not thought 
likely. The ringleaders were ordered to be fent to 
England j they were fent, and tried upon this very 
■ Ail: Some \vere cpnyided and executed ^ others re- 

prieved. 

So far was this power from being confidered as un- 
conftitutional after the Revolution, that in the ca/e 
of the pirates, in the reign of King William, men- 
tioned under the preceding article, the Lords Juflices, 
in the abfence of the King, thought their felves bound 
to order the pirates to be brought into England ; did 
actually fit out one of his Majefty's fhips for the pur- 
pofe of bringing t'lim, and the evidence neceflary for 
their conviftion and punifhment •». Neither the Lords 
Juftices, nor the then Judge of the Admiralty, Sir 
Charles Hedges, conceived that the pirates could be 
tried any where but in England, without a fpecial A61 
of Parliament for that purpofe =. ,, ; 

a See Wynu's Hiftory of America, vol. ii, p, 455. 

<> The fiiip was ihattered by a ftorm, and forced to put back. The Aft 
mentioned in the preceding article was then pafled. 

c See papers rt.lating to Kidd, and the report of Sir Charlet Hedges. 
Com. Journ. vol. >'.iii. p. 36, 37» 

A. It 



In the reigq 
of King 
William, 
the pirates 
in America 
were order. 
ed to be 
brought to 
England, 



■\\ 



f" 



{ 77 ) 

" It appears then, that in addreffing his Majcfty to 
enforce the A6k of the thirty-fifth of King Henry the 
Eighth, the Parliament did nothing more than purfue 
the ordinary courfe of juftice; than call on his Ma- 
jefty to carry into execution a law neither repealed not 
obfolete ; a law too founded on principles fo perfe<^ly 
confiftent with the Conftitution, that the fame provi- 
fions have, in later inflances, been adopted ; inftances 
to which, on account of the A£l of Union, it was 
thought this A<Sl would not reach **. 

With refpeft to the A£l of the prefent reign, by 
which thofe who are guilty of burning his Majefty's 
Ihips or ftores may be lilcewife tried in England, it is 
fomething remarkable that the Colonies are not par- 
ticularly named in it} it is faid only in general 
terms, *' that perfons who fhall commit any of thefe 
** ofFences in any place out of this realm, may bs indicted 
** in any fhire or county in the realm." 

It is however more than probable, that the Legi- 
flature had the Colonies in contemplation. The reafbn 
is this : One of his Majefty's armed (loops « h?d been 
furprifed and burnt by the people of Rhode Ifland. 
His magazines and ftores had been burnt at Bofton. 
No fatisfadlion could be obtained to his Majefty ; no 
punifhment infli£led on the ofFenders, What was to 
be done ? Were his Majefty's fhips to be excluded 
from the feas and ports under his own dominion ? Were 
thefe daring off^enders to go unpuniftied i Was the 
Parliament to give its fan<5tion to the opinion, then 
clearly adopted by the people, and fince avowed by the 

d Trearoni committed in Scotland, were tried in Stirty, See ForAer't 
Crown Law. Report of the cafe of the Kinlochs. 
• The Gafpee Schooner, 

Congrefs, 



ARTICLE 
XIX. 



Rebellions 
committed 
in Scctland 
tried in 
England, 
jiotwith- 
ft^nriing th« 
Aft of 
Union. 



In the kBt 
of the pre- 
fent reign 
againd 
burning, tlie 
the Colo- 
niri not 
mentioned. 



Though the 
Legifiature 
had them 
probably in 
contempla« 
tion, and 
why. , 



I il 




Ml 

! (I 



i 






i 

\ 



IMi 



lit: 



m 

I h i i 






if I 



11 ^ :t 






( ;8 ) 

ARTICLE Congrefs, that thefe were only pretttide^ offences ? Of 
,'-. was it to have recourfe to the remedy pointed out by 
the Conftitution, that of calling the offender* to a trial 
tbtrfi v^hirf alone an impartial trial could be had f 



ARTICLE 
XX. 



What hav6 
the revolted 
Colonies to 
do with his 
IVIajefty's 
government 
of another 
Colony ? 



ARTICLE XX. 

For abolifliing the free fyftem of Eng- 
lifh laws in a neighbouring Province, cfta- 
blifhing therein an arbitrary government, 
and extending its boundaries fo as to render 
it at once an example and fit inftrument 
for introducing the fame abfolute rule into 
thefe Colonies. 



-, 'i? i ' > v';(i-- : ; 



':-:?,: 



A N S W E R. rt-.-: 

What have the revolted Colonies to do with his 
Majefty's government of another Colony ? Canada is 
not dependent on, is not afTociated with, them. Do 
the mighty heroes, who defy the united force of Britain, 
begin to tremble at a fingle Province ? Are they, who 
pledge their lives, their fortunes and their facred honort 
in defence of liberty, fo fearful of the ftrength of their 
own attachment to liberty, that they dare not look on 
men, who have fubmitted to what they call arbitrary 
government \ left they too catch the contagion, and 
follow the example ? Or are they fearful, that their 
deluded followers may at length difcover, that wbilft 

their 



( 79 ) 

their !ea<^ers are alarming them with ads of priUndtd 
tyranny, they are reaMy bringing them under Tubjec- 
tion io the worft of all tyrants— artful, fclflih Dema- 
gogues ? 

No regulation concerning anothtr Colony can have 
any right to find a place in the lift of their own pre- 
tended grievances. This would bj anfwer fufficient 
to this article. Let us however fee, if the going thus 
out of their way to make a charge fo foreign to their 
own concerns, be compenfated by any degree of can- 
dor ? What is their obje£lion to the a£t for regulating 
the government of Quebec ? 

The firft is, that by this a£l, the bounds of Canada 
are extended. There are little circumftances which 
materially change the nature of a tranfaftion : thefe a 
fkilful narrator tells, or fupprefles, as beft may fuit his 
purpofe. It fuited the purpofe of the Congrefs to fup- 
prefs, that in this Aft it is exprefsly provided, that 
•* the boundaries of no other Colony Jhall in any wife be 
** affe£tedr that all rights, derived from preceding 
grants and conveyances Jhail be/avedf Had this been told, 
their charge was anfwered. That which had not beciT 
granted was the property of the King. He might do 
with it as he pleafed j eredl: it .nto a feparate Colony, 
or annex it to any Colony already eftabli&ed. So far 
then no injury was done. v -. . . - 

But this a«a has abolijhed the free fyfiem of Englifli 
laws, and eftabliflied an arbitrary government. That 
could not be abolijhed which had never been efiahlijbed. 
The truth is this. Soon after the conqueft of Cana- 
da, temporary proviflons were made, by a proclama- 
tion of the King, for the government of Canada. 
Thefe provifions were in many cafes found inappli- 
' f_ cable 



ARTICLE 

XX. 



What ob- 
je£lion lies 
againft the 
AA for re- 
gulating the 
government 
of Quebec ? 



I. 

Extenfionof 
theboun- 
dariet. 
No preju- 
dice to any 
other Colo- 
ny, or indi- 
vidual gtan- 
tec. 



ir. 

Thetf^J?- 
tion uf a free 
fyHem of 
government 
not true, 
a he Aft 
only re-tfta- 
iHjhes an- 
cient laws 
at the rt' 
qufjl of the 
people to be 
bound by 
them. 



> 



f 






I 



I 



' 1 

I ! 



i 



i J:J 



J.T]. irir.'i."L_, 



l! 



11 1: 





1 ' i 


j 


; / 








' i 1 


i 


>: ; i 




I! ; 



ARTICLE 
XX. 



To iffdey 
the ordert 
oftheBof- 
tonianCi. and 
to I'ipen to 
the fetii'ton 
of the Cana- 
dians, both 
proofs of ty. 
lanny. 



ARTICLE 
XXI. 



( 86 ) 

cable to the ftate and circumftances of the Province,* 
They were therefore repealed ; and this A61 was pafTed 
re-granting to the Canadians thi; free exercife, un- 
checked by any civil' difqualificitions, of the religion 
in which they had been educated} re- ejidblijhing the 
civil laws, by which, prior to their conqueft, their 
peribhs and their properties had been protefted and 
ordered. Do the Canadians complain of this altera-* 
tion ? No. It was made in confequence of their 
petition. 

Ty difobey the mandates of New-England, and to 
lijien to the humble petitions of Canada, are equally 
crimes in his Majefly. It is a crime to make the 
minutefl change in the conftitution of the revolted 
Provinces ; and it is a crime of the fame nature not 
to overturn the whole conftitution of a dutiful Pro* 
vince. Not to deviate from the fpirit of a charter, and 
to obferve the fpirit of a treaty of peace, are both adts 
of ufurpation. To check innovations at Bofton, and 
to refpe^l the cuftoms, and prejudices, and habits of 
thinking in Cinnada, are ails of the fame tyranny. 



• i 






'.:f,<y-i 'f ':' 



- 1 



ARTICLE XXt. , ; ; 

For taking away our charters ; abolifli- 
ing our moft valuable laws; and altering 
fundamentally the forms of our govern- 
ment, 

ANSWER. 



' li^i 



•^«»iL— ^ 1 



' i 



'., > 



( Bi 3 



%^-^. 


-^.^-iii-A N 


S 


w 


E 


Ri 


?«*■■:* 


^4'^ii'.!^ ^?- -4^'^ty* ;. 


I's ; 


.--.• ■ ! 'V ■ 


\- /i-. 





Cbt*LD this article be provied ; were it tlliej that 
his Majefty, in conjundtion with his Parliament, had 
** fundamentally altered the forms of ''v colonial govsrH- 
ttunis" for I'uch an A£t I fliould not think it necelTary 
to /rame excufes : Ii would need no excufe ; it would 
defer ve praifg. JnAdvation fuppofe it were, glorious 
Would be that innovation. Long fmee had it been in- 
cumbent on Parliament to do. What in this article is— 
alas! untruly — alleged to have been done, . 

Some alterations are confefled to have been made^ 
during the pi-efent reign, In the charter of Maflachu- 
jfet's Bay } but not a valuable law has been changed j 
nor have the alterations gone deep enough into the 
foundations of the governnment. The charter hds 
been only amended in One or two particulars j it 
ought to have been new modelled from one end to the 
bther ; or rather to have been takeil away^ and a new 
One fubftitiited in its ftead, . . 

Had it been takfeti away, coiild thefe people haV£ 
eomplasned \ Give to charters what force you pleafe 
— give them the highelt— give thetri all the fandity of 
treaties of peace hetwttn independent States j ftill fuch 
has been the cohdudl of the people, and the magiftrateS 
of Maflacbufet*s Bayj that the charters would have 
been rightfully forfeited. What are treaties ? Com- 
pafts made up of mutual conditions. If one party fail 
in the performance of that which it ftipulates to per- 
form i the other is abfolved from the perforn^nre of 
that which on its part is ftipulated to be perfoim-id. 
Now it is not denied, that one condition exprefled in 
all the charters is, that the Golonifts (hall be dee.ned 
, ; . ,,' i fuhje^s 



XXI. 



Were this 
ar'itle iTue, 
it would 
ne^'t no nt» 
cuie. 



The altera- 
tiOfis made 
In the form 
of the go> 
vprnment 
of Mafia. 
chUfet'8 
Bay, so not 
()eep enougti 
inro the 
foundaiionsft 



Suppofing, 
charters to 
be 18 facred 

as tt'eaties 
of )>e.ce, 
this charter 
was right* 
fully for- 
feitcdi 



1 ^ ■ 


1 




--' 


i ,/ « 


. 


1 




.1 


■ ;;■■! 




■•■•■ i 


i 



i ir 



I' 



i ; i 



( 82 ) 



fll 



,1 



K 



it r.'. 



r 

J.! 



{rh 



■ • i ' 



:'li 



ArTICLE 
XXI. 



Cha-iers 
never con- 
fidfied !n Co 
high a light, 
ta^c been 
treque fitly 
chan,:;ed by 
I he King 
atuiic. 



A\\ the 
( harters un* 
der which 
the Colo- 
lies nov} 
claim, are 
j,^5ls of the 
King re 
fealiHg for- 
mer char- 
ters. 



Snrpenfon 
ofthepow- 
e;« ^rallied 
in the char- 
ter of Mary- 
V"iii h> King 
William. 



Sofpenficn 
•f the pow- 
ers graiiteJ 
io the char- 
ter <3i Fen- 
fytvania by 
King Wil- 



fubye(5ls of this realm j that is, fubje£l to the power ef 
Parliatnent. To have denied the power of Parliament 
is therefore z forfeiture ,c^ the charter. 

But the truth is, that neither by the Parliament, 
nor by the Crown, nor by the Colonics their felves, were 
charters ever confidere'l in fo high a light. Innume- 
rable are the inftances of alterations made in the char- 
ters, of fufpenfions of the power granted by them : fomc 
by the fole authority of the Crown, fome by the King 
in conjunftion with his Parliament. 

What indeed are all ihe charters, under which the 
prefent Colonies claim ? What but AiSls of the Crov/n, 
repealing forme*- charters P If charters, once granted, 
could not be altered j could not be repealed, by the 
Crown, the original Virginia charters would be ftil! in 
force : the revolted Colonies would be reduced to 
two J and the inhabitants dependent on two trading 
connpanies, reftding in England. 

To del'cend to more recent inftances. In the reign 
of King William, by the advice of Lord Chief Juftice 
Holt, notwlthftanding the charter, the proprietor of 
Maryland was df"efted of his jurifdi£tion : nor was 
that jurilUidion reftored to the family till after the 
acceflion of the Houfe of Hanover ; till the then pro- 
prietor had conformed to the church of England. 
Nor then was 't reftored entire ; but *' fo far only as 
** the Legiflature had thought fit that any proprietor 
« (hould enjoy it f." 

In the reign of the fame King William, notwith- 
ftanding the ch:xrter, his Majefty took from the pro- 
prietor of Penfylvania, the privilege of appoirting a 



f Sre account of the European Settlements^ vol. ii. p. SJI. 
it attributed to Mr. Burke. 



This book 



Governor i 



( 



( «3 ) 



Gfoverrior ; and took on his felf to appoint Colonel 
Fletcher, then Governor of New York, to be Gover- 
nor of Penfylvania. The proprietor did net call in 
queftion his Majefty's right ; he petitioned only as for 
an j9n of Grace, to be rcftored to the privilege he 
had before enjoyed. ' *•' ' 

In the reign of Queen Anne difputes had arifen in 
the Provinces of Connedlicut and Rhode Ifland, con- 
cerning the power of commanding the militia. This 
was claimed in virtue of the charter, by the Aflembly. 
The opinion of the Law-Officers was aflced ; they al- 
lowed that the claim vvas fupported by the charter j 
but they were at the fame time unanimorifly of opinion, 
that the Crown had the power of altering the charter, 
and giving the command of the militia into fuch hands 
las the common gooH (hould require. In confequence 
of this opinion, a Cbmmiflion pafled the great feal, ap- 
pointing the Governor of New York to be Commander 
of the forts and militia of the Province of Conncfticut ; 
and the Governor of Maflachufct's to be Commander 
of the forts and militia of the Provirnce of Rhode 
Ifland. 

What is the chatter, under which the prefent Inha- 
bitants of Maflachufct's claim ? An A6t of King Wil- 
liam, And that A<ft, has it remained unaltered ; have 
no fundamental changes been made in it, by the 
Crown in later times ? , 

Iv the twelfth of George the Firft, in the Year 1722, 
fomt^ turbulcn'. Members of the Alfembly having gain- 
ed the afcendant over their fellow- reprefentatives, and in 
fome meafure over the Council, endeavou --t^d tofubjedl 
the Governor likewife to their ufurped authority. But 
the Governor was too faithful a guardian of the rights 

r a of 



ARTICLE 
XXI. 



Sufpenfion 
of the pour- 
ers granu-4 
in th)* char- 
ters of Cnn. 
neClicut and 
Rhode I- 
fisnd, by 
Qj^een 



1 

Theprefertt ' 


charter of 


MalTachu- 


fetj, granted 


by King 


William. 


Altered by 1 


George I. 


and the AT. > ' 


femblycomo ' 


mended to . \ 


adopt thofe 


alteration* 


uiidar the 


form of an 


explanatoiy ] | 


rhartrrj ^ 


which wai ' 1 


danci ! I 



! Ml r 

-111! ! 






• 



1 !!- ■ 



I' 

I 






t 
t 






II ! 



■^^VY?'*^ of the Crown. He repaired to England, and exhibited at 



XXI. 



Change 'n 
the govern 
Dieot of 
Carolina in 
the year 
97M. 



the Coi^ncil Board, articles of complaint againft the Houfe 
of Reprefentatives. .His complaints were heard j the 
Provincial Agent, in the name of the Repreientatives, 
acknowledged many of the claims to be encroachments, 
and readily gave up all but two. Thefe were the 
power claimed by the Affembly of adjourning them* 
felves as long as they pleafe; and the right of chufiqg 
a fpeaker, not lubjeft to the Gove.iior's negative. Of 
thefe two claims, which the Agent was not authorifed 
to give up, tbey were oufied by an explanatory charter ; 
•which they were commanded to accept j and which^ with 
all due fubmtjpon, they did accept b. -.^ • y 

Early in the prefent century violent were the 
tumults and riots excited in Carolina by the quarrels 
between the Churchmen and Diflenters. Difputes of 
a no lefs alarming nature fprung up between the people 
and proprietors. The neighbouring Indians were pro- 
voked by a feries of violence and outrage. To prevent 
the laft ruinous confequences of thefe domeftic diflen- 
tions and foreign wars, the Crown took the Govern- 
ment of Carolina into its own hand, changed the co«- 
ftitution, and divided the country into two Colonies, 
independent each of the other. How did the proprietors 
condu£l their felves on this occafion ? Did they deny 
the power of the Crown to alter the Charter ? No, fay 
the relators of this tranfadlion— ** they made a virtut «f 
" necejfity^*' That is, they fubmitted with a good 

grace to a power which they knew to be legal. 

These 

% Sec Wynne's Kt(tot7 of America, vol. i. p. 149, 150. Doogiat'a 
Summary, vol. i. p. ai f • 3791 380.- 

h See Wynne't Hiftory of America, vol. li. p. 264. Hiftcry nrEu1»> 
jpsaa SeUtMDeAM, vol. ii. pi s^o. In both theft wri(«rs there ii an inac. 

ourwy 



( 8s ) 



These arc inftanccs of alterations made in the 
Charters by the fole power of the Crown. A<5ls to 
which the Crown was competent alone could not furely 
be without the fphere of its power, united with Par- 
liament. 

Never till the prefent troubles does a doubt fecm to 
have been entertained, in or out of either Houfe of 
Parliament, Whether Parliament could alter the char- 
ters, abridge the privileges granted by them, or ^'ven 
reaffume them. ' , " , 

The provifions of that A£l of King William ', 
which reftrain the proprietors from felling their lands, 
without the confent of his Maj'*<ty, previoufly ob- 
tained, to any but natural-lxwn fubje^s : — Which 
command that the Governors appointed by the pro- 
prietors, or other perfons empowered to nominate 
Governors, fiiall not a£t till his Majefty's approbation 
be previoufly obcained ; and till they have taken cer- 
tain oatikgf relating to the execution of their ofiice ; 
are ^o many change introduced into the charters ; fo 
■Dridgments ot the powers originally conveyed 



A'^TTCLE 
XXI. 

\ m 

The power 
of the King 
in Pjriii. 
nient cannot 
he lefs (iian 
that of the 
King aionf. 
Their power 
of sitirinj 
thr Charters 
never (ill 
no.v c.Ii-d 
jn quelHon. 

The Char, 
ters in |e- 
neral were 
alte ed iiy 
■lie 7 A 8 

l'\ C, 2Z, 

fed. i6. 



chaile of the A£t for the more efte^ual fup- The power 

prdEon of piracy S which declares, that the refulal thrilVflu? 

•f any Governor or perfon in authority., to yield obedi- ^"y •^xercif- 

cnce to that A<^, (hall be a forfeiture of all and every iz wiiiiam 

HI. c. 7. 
lett. 15. 



riiracy in tke fcniMat of this tranfafVion. They fuppofe the change in the 
(overnmeit, aou the furrender of the territorial rights in Ciruliaa, to hiive 
happened l>oth at the fame tia.c, and hoih to h :vc been eftecu-r* by AA 
ii Parliament. The change in the government was begun jong before 
the furrender of the territorial tights ; and it ii this lall only which is con- 
firmed by % Geo. I(, 

i 7, 8 Will. HI. cai-. »a. k&. x6. k j,^ i, will. Ill, 

cap, 7, feft, 15. • 

F 3 ^ 



1 

1 • 



( 86 ) 



ARTICLE 
XXI. 






I' 



■:liiii 



J' ■ ! 



The Board 
of Trade 
fuggeiled in 
the reign of 
William and 
his fuccef- 
furs, that it 
woulii he 
necefl'aiy to 
re-aflumethe 
Charters. 



A Bill 

brought in- 
to thertoufe 
of Com- 
iDonj for 
that purpoTe 
in the reign 
of Qucea 
Anne. 



the charters granted for the government or propriety 
of fuch plantation, is not z naked declaration of the right 
to revoke all charters ; it is an a£?ual commencement of tht 
exertion of that right ; fufpendcd only by the obedience 
of the Colonies to that law. * 

And indeed, fo little does it fcem to have been 
doubted, that the Parliament might re-aflumethe Char- 
ters, that in the reign of King William, and in many 
fuccceding reigns, the fioard of Trade fuggefted to 
Parliament, that fuch re-afl!umption was the only efTec- 
tual remedy againft the repeated violations of (he laws 
for regulating the trade and government of the charter 
and proprietary Colonies '• 

The caufe of complaint againft the Proprietary and 
Charter Governments, ftill continuing and acquiring 
new force. Parliament had it in contemplation to adopt 
the meafure fuggefted by the Board of Trade ". A bill 
was ordered, in the 4th of Queen Anne, to be brought 
into the Houfe of Commons for the better regulation 
of ihcfe governments j it was actually brought in, and 
read. It failed, not from any doubt of the au- 
thority of Parliament to new regulate the govern- 
ments, but in fome meafure from a fpirit of party, in 
fome meafure from a wifli of poftponing a bufmefs 

• See Com. Journal, voh.xii.xiii.paflim. Tothofe>vith whom the weight 
of name is {[renter than the weight of argument, it may not be ufelefs to 
remark, that thefe fuggeAions from the Board of Trade were iirft made at 
a time that Mr. Locke fate at the Board ; that great man, whofe argu- 
ments ti.e Americans have fo tortured, in order to prefs them into the fer- 
vice of rebellion. For in the Reports printed in the Journals, and made 
In the year 1700, 1701, &c. reference is made to reports of the years im- 
m<'diarely preceding, where this advice to re-alTume the Charters is given. 
Mr. Locke fat at the Board of Trade from 1695 to 1700. 

<n Sice Com. Jouro. vol. xr, p. 151. 180. 

whict^ 



H 



( 8; ) 



which required (o mature deliberation, till a conclu- 
iion fliould be put to a war, the extent and com- 
plicated objects of which, required all the attention of 
Government. ' ' • ri'-' ■ 

So far was this power of re-aflumption from being 
thought unconftitutional, that in the fucceeding reign 
a Bill was again brought into the Houfe of Commons 
for the fame purpofe of new regulating the Charter and 
Proprietary Governments in America ". It was brought 
in and fupported by a pyhtg Miniftry. But it happen- 
ed to be late in the Seffions ere it wa? brought in ; it 
was, however, read twice j it was committed : Peti- 
tions were heard agamft it from all the Charter and 
Proprietary Governments, none of which prefumed at 
that time to call in queftion the right of Parliament to 
ntw model the Governments of America. Unhappily 
the Bill was not perfedled that Seilion, and the rebel- 
lion which broke out in the fucceeding year, turned 
the attention of Government to events nearer home. 

Let any impartial man refledt a moment on the 
power, which, from i.Hb ihort account, appears to have 
been claimed, and in fo many iiiftances exeicifed, by 
preceding Kings ana preceding Pariiamctits ; let him 
compare it with the power txercifed over ihcm in the 
prefent reign. On the one hand, what will he fee ? 
By the fole A61 of the Crown, he w, I fee proprietors 
diveftedjfome of the right or naming (jovcrnors, oth<r$ 
of all jurifdiftion : Colonies, oftlie command of their 
forts and militia ; Aflcmblies, of the p^.wer of adjourn- 
ing adlibituvi, and chufing a Speaker, not fubjcdt to 
the Governor's negative. — By the concurrent A*Sl <jf 
the Crown and Parliament, he will fee the riglit of rc- 



APTICLE 
XXI. 



Another in 
tlie icijin of 
ficc';;e I, 
agjji.lt 
which the 
('olonits 
petit ioni'ii, 
but d d not 
deny the 
right of Par- 
linrrient to 
alffr, or rf- 
voke their 
Chanera, 



Diflcrfnce 

bt.>Wt"CM the 
power 

cliiimrd and 
exerciiVd 
over the 
Ch.irttu in 
preceding 
iclgn', and 
I lie power 
exi-rci'i-d 
Over tlicrri 
la the pre- 
fer,! rt.'ij,n. 



i> SeeConi. Journ. vo\ xviii. p. tfc. 

1^4 



afluming 



( 88 ) 



'ill' 






^i 



"! 



i 



Pariictilar 
de;fPC»of 
the A£t. 



ARTICLE ^^flfuming all the Charters in general aflTerted, and not 
■ denied by the Colunifts their felves ; he will fee that 

right z£tiia\]y begun to be exerted and fufpended only 
by the obdiencc of the Colonics to an Ail of Parlia^ 
rncnt. — On the other hand, under the prcfent reign, 
what changes will he fee ?' He will fee the conftitution 
of" one of their Legiflatures brought nearer to the model 
' of the Britilh conftitution. He will A^e juries appoint- 
ed as juries are appointed in England : by the former 
change he will fee their conftitution more equally poif- 
cd ; by the latter, juftice more ii?^ipartially adminlf-* 
tered. .. ^ - . ' v ; --' ■-•. . w 

On this general ground, we might fafely reft the de^ 
fence of the Adt in queftion. On this general compa- 
rlfon we might leave it tp the world to judge what 
room there is to allege this article in fupport of the 
charge of ufurpation and tyranny. But it may, per- . 
haps, be not altogether iifelefs to ftate more particular- 
ly the changes made in the Conftitution of the Mafla- 
chufet's Government, and to allege the reafons which 
induced the Parliamentto make them. 

The two material charges introduced by the Aft 

for regulating the Government of Maifachufet's Bay, 

vernmentof are, firft, in the mod* of appointing jurics J fccondly, 

fe[?5, ' in the appointment and tenure of the members of thq 

Council. . '..^ ,.,„., w.,, 

j^ Before this Aft, the jurors of the Grand Juries 

In the mode were chofen and returned by the freemen, on notice 

i«/furTs!' ^*^"^ ^^^^ ^y *^^ Clerk of the Court. Out of the pre- 

quifites of the Court, they had a falary of three or 

four fliillings a day". What was the confcquence of 

• See Apppndix to Neal'j IJiflory of England. Vol. II. p. 4. title, 
v. JuriM,'\ 

thi* 



Charges in- 
triidiiced in- 
to tiiC Go- 



( 89 ) 

tlviB mode of appointment ? Juries wtrepackt. They ARTTCtl 
were nominated at the town meetings by the heads of a . 

party* A Jury* for inflance, was ftimmoned to inquire 
into riots. Among thefe impart'iat^ icfpcdtable jurors, one 
was retuTwed who was a principal in the very riot, into 
which it was the bufinefs of this very jury to en- 
i^uire P. Can any man entertain a moment's doubt, 
whether this part of their conftitution flood in need of 
reformation ? - v^-vo ft.'Yr "^ " . ? \. ' ,r. - ' : 

The next material change, we have faid, was in the ir. 
appointment and tenure of the members of the ^"j^'j^'^t 
Council. This Council was a conjiituent branch of and tenure 
the Ugtjlaiure j it was moreover a Council cfjiate j that beJs l^ihc' 
is, in feme cafes, a branch of the executive power ; Council. 
for its cmfent was neceflary to the performance of 
certain Ads, and its a^ce was to be ajked^ at leaft, 
if not ftUowtd, previous to many other Afts, to be 
done by the Governor. The members of this Coun- 
cily to whom fundbions fo diftind): and important 
were attributed, were not only eligiblt, but in cafe of 
mifdemeanor, amovable by the General Aflembly. 
The inconvenicncies of this had been feverely felt by 
a long ibcceffion of Governors : Their letters are 
filled with complaints of them. To be known, to be 
l^elievcd, to be even fufpe<Sled, to be inclined to 
fupport the fupreme authority of Parliament, or the 
conilitutional rights of the King, in the provincial ' 

Government, was fuiEcient reafon for exclufion from 
the provincial Coiincil. Did the Council appear to 
be a little untradlable ? Did it hefitate to go all 
lengths, on what was called, the popular fide ? It was 
reminded, that the day of eledlion was at hand. 

t> Sec printed letursof Governors Hutchinfon and Oliver, p. 31. 

What 



^1 






li; If 



I } 



C 90 ) 

ARTICLE What refiftancc could a Council, thus dependent, give 
^ to the extravagance of a democratic party ? Deprived 

as it was of that free agency, without which, power 
cannot fubfift : of that refpe£fc and dignity, without 
which, it cannot operate j what advantage would the 
confutation derive from fuch a Council in its legifla- 
tive capacity ? Confider it in its executive capacity, 
and it was to be full as ufelefs. What vigour could 
it be expelled to (hew ? What power could it exert ? 
Let us fee what vigour it did (hew ; what power it did 
exert. By bands of armed men, parading publicly at 
noonday, in the fight of the Magiftrates, private 
property was deftroyed j the property of the King 
feizcd} his magazines razed to the ground; his of- 
ficers compelled by torture to refign their employ- 
inents ; his Courts broken open j his Judges aflault- 
ed } the files and public records deilroyed j the houfes 
of his Governors pillaged. — The Council mean wl le 
looked on as cool and unconcerned fpedtators : They 
were exhorted to enforce the orders of Government j 
to advife and affift the Governor in the execution of 
them :— r-What was their reply ? — " They did not fee 
*' their wcfy tlear enough to give finy advice or ajftftance'* 

Was it then an A(3: of tyranny in the Parliament; 
Was it an unpardonable crime to refcue one branch of 
jheir Government from fuch a flavilh dependence on 
another branch, as defeated all the advantages to be de- 
rived from it? ' ,,' *' " ' •."" ■ ' . " 

" ■ , , - • .J ..^.' -.r,^ .!/( %.> 

^ ARTJC;.E 



■:ii 



( 91 ) 



« . • • 



V^ ARTICLE XXII. 

For fufpending o"r own legiflatures and 
declaring themfelves invefted with power 
to legiflate for ys, in all oafes whatfoevcr, 

ANSWER. 

He who dcfpairs of convincing, may find it his !n- 
tereft 3 confound. Such feems to have been the view 
of the framers of this Article. Two diftin£l A6ls i — 
naflcd in different years, upon different occafions, with 
di/ferent views, (the operation of one being confined 
to a fingle Colony, nnd the other amounting to no 
more than a naked .u aion ot fa£l, fcarcely meant to 
I'perate at all) — ar< lere blended together, as being 
one gentral liiw^ intci, d to opa ite in all the Colonies. 
For in reading this Article, who would not conclude, 
Hhat by fome one A6t, the P. lian^pnt had fufpended 
the legiflatures oiall the Provinces ; and had taken on 
itfelf the exclufive ri^ n of making laws for them all ? 

The Adtby which i jrliament is faid to have fufpend- 
ed their legijlatures, is a conditional A£l for reftrainii ; 
the Governor and Council of New Yor^ alone^ from 
affenting to any bill till the Affembly fhould have made 
provifiori i / ^urnifhing the King's troops with all the 
neceirariC'v inquired by /flw '. ^ 

1 7 Geo. iii cjp. 5g. 6 Geo. III. cap. i». 

«■ The refufal of this Colony to furniih the troops with 'le neceflariss 
jrcqiiired by law, followed immediately on the ttpeal if the Stamp AJi. 
A repeal by which the partifana of America maintained tha. the obedience 
p( the Colonies was fecuiedi 

I That 



ARTrCLB 
XXII. 



Two dlf- 
tindt A At 
blended to. 
grther; aii4 
reprcfenteJ 
as line geae> 
rai law in- 
tended to 
ouerite in 
all theCu- 
loiiics. 



The Aft cf 

fiifpenfion 
an Aft af- 
fefting New 
York alonej 
tnd the fuf- 
j enfion only 
conditional I 
the duration 
depending 
on their 
felves. 






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ARTICLE 
XXII. 

Thiifuf. 
penfien was 

the mildeft 
ccnfare that 
con'd be in- 
fiided on 
the Alfem- 



.<lA< I! ■ 



1- r»- ■•■■.='• 



* < ; . w ■ 



■V 



The Aft of 
Declaration 
contains a 
anrer afier> 
tion of faA, 
without ei- 
ther c»m- 
mond or ps- 
aalty. 

;■> T > t - - 

I ii!f 

■' .'. ■-..'., ^. 

:>•:>■!■.•. jtMt-''' 

•, '. >i.;-*«V-''. 

' '< -■ 
t . . • _ 

!,',•■' ' '■<■'> 



( 9^ X 

That it is the indifputcd prtrogative of the King 
to (lation bis troops where he fees fit j that where the 
troops are Rationed they mufl be quartered ; tnuft be 
furniibed with the neceflaries required by law; that 
where provincial legiflatures will not provide for thefe 
obje£ls, it is incumbent on Parliament to provide for 
them, are points, on which we have already infifled. 
That a localf fubordinate legiflature may take on itfelf ' 
to annuU the provifions of an A<St of the fupreme legif- 
lature of the whole empire, is a propofltion fo extra-' 
vagant, that no man, I think, can maintain it. That 
the fufpenfion of the fundions of a fubordinate legifla- 
ture till it recovered from fuch a fit of extravagance, 
is the mildeft cenfure that could be pafled upon it,^will 
I fuppofe be readily allowed. To ftate this A61, it 
therefore to juftify it. 

The A&f to which the fecond daufe of this Ar- 
tide alludes, was pafled a year before, under the ad- 
miniftration of a noble Lord, whom the Congref<; 
clafled in the *' band of iliu/hrints patriots^* fo long as 
they allowed any patriotifm to refnain among us '.- 
It contains only a fimple aflertion of the power of 
Parliament, to exert the fame authority over its fub* / 
jefts in America, as over all the other fubje^s of the 
empire : That is, to make laws binding in all cafes 
whatfoever. In this A<ft, not a fyllable is faid about ' 
fufpending their legiOatures. It exa(As no reco^niiion 
of the authority it aflerts : No refajften of the t&- 
folves, by which that authority had been denied. It 

s It was under the adminiflrttion of the fam$ noble Lord that the AA 
fir providing hia Majelly's troops with nectiTaries was palled t And it 
vas the obfervance of r^is A£V, which, that for fufpending the leg flatun 
of New- York, was meant to enforce, - 



\ ' 


1 j 


1 

t 


';\ 


y 





19 



( 93 ) 

k armed with no penalty: It can hardly be calkd a ARTfCtc 

iatu : It does not even conum n command. It is, in , 

^rt, the moft harmlefs piece of parchment, that ever 

was fent forth into the world. To urge this A&iy as 

a plea for rebellion, is not lefs ridiculous than il v^ould 

be in the Grand Turk to declare war againft the King 

of Naples, for ftiling his felf King of Jerufalem^ 






■r:„.t. 



JVH'irti.Kfi 



V* ■* '9f 



ARTICLE XXIII. 



He has abdicated Government here, by 
i declaring us oat of his protedion, and 
ivaging war againft us. 



AtLrxttk 
xxau 



■ 2 






ANSWER. 



To exa^ obedience to law, to punifh the difobe- 
dient, have been in all ages and countries, confidered 
as the bighe/t ASli of Government ; as funfiions which 
appertain to, and diftinguifh, t\i^ fupnnu power of the 
Jlate, The Members of the American Congrefs are the 
iirftof ail mankind who have difcovered, that to do 
thefe A£ls, and to exercife thefe fundlions^ is to abdi- 
cau Government. ' . 

How are they declared out of his Majeffy's protec- 
tion ? Jufl: a? a flmple individuali who ihould be 
outlawed, put out of the proteSlion of the Laws a'.d of 
the King^ executor of the law, for refufing to recog- 
' nize the autbority of the law. Is fuch an individual 

releafed 



frtm* amb*' 
^fy given M 
proofs of 
abdicatitm 
ofCoTcra- 



The Ame' 

rieant no 
more out of 
hit Mijef- 
tjr'i proMc- 
tion ihM 
ntlawnamlt 
ielea(ed 
from aU«« 



1 T* 


ii 



J 



i 






rill 



jmm& 



1 ' ::y 

■ IS 

i 



III 



^1 
p.. 

I !' f 1 1 



'^ V \ 



i 1 




' !*' 


1 

L i 



ARTICLE 
XXIII. 

glance ; may 
re-enter un- 
der the pro- 
teftion of 
the King. 



IF^rnomore 
waged a- 
gainft tktm, 
thin by the 
SfterifF, at 
the head of 
the poffe co- 
mltatus, a- 
gainft rio- 
$€rt. 



releafed from his allegiance .' Does the King, lA wifh^ 
drawing his protection, renounce his authority ? l€ 
cannot be pretended. The cafes are exadUy alike i-— 
The parallel holds throughout. The outlaw may 
fubmit to the authority of the law $ may obtain a re- 
verfal of his fentence j may re-enter under the pro- 
tedion of the King. The Americans have only to 
return to their allegiance ; and by that very return 
they are reiuftatcd under the protection of the King. 

How is war waged againft them ? Individuals who 
reflft the law, are puniflied by individual officers] 
when numbers refiilj numbers muft be feflt to punifh i 
if they who refifb take up arms, thofe who are to 
punifli muft likewife arm. If it flatter their pride, 
they may call this " waging war againji them" With 
as much reafon may the Sheriff be faid to wage war 
againft riotersy whom he fummons the pojfe comitatus 
to quell i againfl malefaSforSf whom he orders the cont 
y?ai/« to condudk to punilhment. 






ARTICLE 
XXIV. 



■.?**if1-S^if!j 






•}?» 



Wn.':s<;j' 



ARTICLE XXIV. 



sf-. 



'■^\ 



hi.-.^ ■" 



Kid might 
with the 
fame f eafon 



He has plundered our ieas j ravaged ouf 
coafts; burnt our towns, and dedroyed 
the lives of our people. ., ...n r.v^ -*hxy^i 

ANSWER. « 

The anfwer to the laft Article is an anfwer to this. 
To plunder his Majefty's ftgresi pillage his maga<* 

zines| . 



■■II. 



( 95 ) 

Kines } feiZe his fortrefTes; burn his (hips } deftroy the 
property of, his fubjeAs; torture his officers; invade 
and pillage his peaceful provinces ; -were the trifling— 
or, as the Congrefs would probably word it, — the 
pretended'— offences, which brought on the Americans 
the A<Sls of feverity, to which this Article alludes. 
With as good a grace then, I conceive, do they com- 
plain of their towns being burnt, and their lives 
deftroyed, as their ancient ally, the well known Kid, 
might h^ve complained of his (hips being feized, and 
his felf and trufty companions, conflgned to the hands 
of juftice. 

Onb difference indeed there is between the prefent 
rebels, and the ancient pirate j the latter did not adopt 
the regal Jiile. He did not talk of our feas, our coafts, 
cur towns, and our people. Had he bethough*: him 
of that expedient, he would have rifen in eftimation 
and in rani : Inftead of the guilty pirate, he would 
have become the independent prince j and taken among 
the ** maritime'* powers—" that feparate and equal 
" Jlationy to which" — he too might have difcovered— • 
** the laws of nature and of nature's God entitled him J 



»> 



ARTICtfc 
XXIV. 

plained of 
the feisure 
of hia Kvfi, 



Had KM 

adopted tbe 
rrgal ftile, 
hetODini^ht 
have rifen 
to the rank 
of an inde- 
pendent 
Prince. ,,, 






(l 



\ 



...mkff^A R T I C L E XXV. 

He is at this time tranfporting large 
armies of foreign mercenaries to complete 
the works of death, defolation and tyranny 
already begun with circumfiancesof cruel- 



ARTICLE 

XXV,' 






.' I i 



!+ 



i ■ ' 




' j I 



m 




itRTlCLE 
XXV. 



i.! 



To employ 
foreign 
troops, if a 
matter of 
(koite, a 
mark of 
tendernefs to 
the Britiflt 
fubjefls, and 
no mark of 
citraordi- 
nary fcveri- 
ty to the 
AmeiicaM. 



Not a mat- 
ter of choice. 
In all our 
late wars, 
foreign and 
domeftir, 
foreign 
troops em- 
ployed. 
In bringing 
about the 
Ketolution ( 
in fupprcf- 
iingtbe re- 
bellions in 
Ireland and 
Scotland. 
Dutjng the 
lad war, 
that Britons 
mght fight 
for the A- 
ttcricaai. 



( ^ ) 

ty and perfidy, fcarcely paralleled in ih(B 
moil barbdroQS ages i and totally iMwOrthjf 
the head of a civilised nation. 

f *. .»-rf'--*^| ^tra^MT^wt *fl,i*^uv 

A N S W E ft. 









.■^* -«k^^ :*d( 



Tha¥ His Majefty flioultl (mptojr/or//fyi tfddps iri 
thf! reduction of his rebellioiis fubje6ls in America} 
that endeavour! fig to bring them back td thdr duty^ 
he ihould eXpofe as little as might be^ the lives 
of his loyal fubje£is ih Britain^ weit it ii matter of 
thoice, would be a mark of his paternal tchderneirs 
for us\ and furely no mai-k of extraoidtnafy feirefitf 
to them. Of all wars^ Civil wafs have generally beett 
attended with the greateft ads cf ferocity % the bjt- 
tereft eneihy is brother fighting agaiiift brother.' 

The truth however is j it Was not a rtiatter of cho'tct. 
So fmall xi the ordinary eftablifliment of the Britifh 
army, that there has not been a War, fbr'eign tt do- 
mejlicy within the memory of us of oiir fathers, where 
foreign troops have not been employed.' Foreign tfoops 
were employed in bringing about the Rfjoluiion ; fo^ 
reign troops were employed^ after the Revolution, iri 
fuppreifing the rebellion in Ireland i foreign troops 
were employed, fince the acceflion of the Houfe of 
Hanover^ in fuppreffing the rebellions in Scotland. 
During the laft war foreign troops were employed^ 
that Britons might ihed their blood in fupport of thefe 
ungrateful Americans ; might facrifice their own lives 
in driving from their backs an eneihy, who from thck* 
firft eftabliAiment, had kef t them in perpetual alarni* 






V* 



t 



ThaIJ 



M 



( 91 ) 

■ . - ' . . ..... '■'* 

'^ That his Majefty (hould pay the troops he employs, 
IS, 1 prefume, no crime: Whethei they be foreign, 
or domeftic, they muft be paid. Troops receiving 
pay, are faid to be mercenaries ; whether the troo{^ 
then be foreign or domeftic, mercenaries they mu/I be. 
Are not the troops of the Congrefs under the fame pre- 
dicament ? Are they not mercenaries ? Does not the 
Congrefs pay them ? The Coiigrefs will not, I fuppofe, 
take merit to itfelf, that inftead of folid metal, it 
pays with j^eeting paper. ''*■ '^-'- 'y '*- 

That from the fhoclc of contending armies death 
and defolatien ihould enfue, however to be lamented, 
is hardly, I doubt, to be avoided. ,.**.'- ' • 

To what then are thefe high founding words— of 
•* foreign armies"— of ** mercenaries"— of ** death 
** and defolation," — reduced ? The guilt, if any guilt 
there be, muft conlift in the ends, for which thefe 
armies are employed ; moft certainly it confifts not in 
the circumftance of their htit\g foreigners or mercenaries^ 
or killing thofe who attack them, or being killed by them^ 

yoR what end are they employed ? To the view of 
an Englifhman, that end would appear to be — the fup- 
preifion of a Rebellion : To the underftanding of an 
Englifhman no end could appear more lawful. Were 
that Rebellion on the borders of the Tweed, an A- 
merican, a Prefident of the Congrefs, would, without 
hefitation, pronounce the fuppredion of it,, by what- 
ever force, to be lawful. Not fo when Reb^Bllion- 
ftalks along the Ihores of the Atlantic : What in the 
former cafe would be the lawful exercife of a Ituwful 
power, ** becomes in tYiii'—tyranny'-'perfidy-^cruthj**,^ 
So fays the Congrefs. 



ARTICLI 

XXV* 

m 
Troopt, 

foreign or 
doineftic> 
muft be 
paid ; muft 
be merce- 
naries. 
The troopt 
of the Coaa 
grefs undet 
the fame 
predica- 
ment. 



From th« 
Aocic of 
contending 
armies, 
death, &c. 
Will enfuc. 
If there be 
any guilt ia 
'mploying 
tortign 
troops, it 
man coR&tk 
in the enls 
for which 
they are eia« 
ployed. 

That end 
the fuppref' 
fio i of the 
rebellion, 
called by thf 
Congreft, 
tyran«y, 
petndjr, 



^; 






i i| 



.( 



■Mn 



Ml 



ii 



Ml 



ARTICLE 
XXV. 



■No proof of 
tyranny al- 
leged. 






'v' " '' 



Nor of 

cruelty. 



V-aH^ ,■>,-- '»■ 



Aftsof 
cruelty on 
the part of 
the Rebels : 
New kinds 
of torture 
invented. 






<«u,..':"* 



./ ' pA 



Uk of 

Rivingtofl, 
in 1775. 



C 98 ) 

Thi troops were fent, wc are told, ta comphtt.the 
work of tyranny : The proofs of tyranny, if a plan 
of tyranny were formed, muft therefore have preceded 
tj.e fending of the tfoop*. Not a fingle proof has the 
Congrefs alleged of it. All the fads, or pretended 
fafls, they have fubmitted as proofs, have been exa- 
mined. Of thefe, fomehave appeared to have exifled 
only in their own imagination j the reft are regular 
A6ts of Government j the exercife of acknowledged 
powers. 

What are the circumftances of cruelty? To allege 
the charge is not to prove it. To allege it without 
adducing a fingle fadl in fupport of it, is furely to 
d'lfprove it, is to acknowledge that no proofs can be 
found. By the rebellious party it is notorioufly and 
ftridly true, that *' the works of death and defolation 
and tyranny we:e begun," upon his Majefty's inno- 
cent and loyal fubjedls, before any foreign troops were 
fent J before the idea of fending them was fuggefted ; 
before his Majefty's troops had committed any hoftili- 
ties :— Begun with circumftances of cruelty, utterly- 
unparalleled. It were endlefs to cite examples of 
Cruelty fliewn to individuals ; to fwell the paper with 
a recital of the cruelties oiFered to a Rivington <, a 

Malcolm^ 

* In the MewiVork Gazetteirof Ncverifiberi, 177^. Mr. Rivington 
inferted at length, the preface to a book, entitled, " Remarki on the 
" principal AAs of the thirteenth Parliament," together with a plan of 
reconciliation prOpofed at the end of that work< He faid not a Word !• 
f raife or difpraife, either of the work in genera), or tff that part of it 
which he laid before the public. He took on his felf enly to name the 
author, and to add—" that the wotk had been much read in England"—* 
Thii infeition gave violent oftence to the demccratic party. In his Paper 
of the fitteenth «f the fame month, he in<erted the canciliatory motioa 
made by Lord North in tbti H«ufe of Comoiont, on-thc 10th of February 

»775l 



.^-r* 



/■ 



• ( 99 ) 

Malcolm ** 

tors of the Hofpital at Marble-Hcad y^ ; to the Negro 

.....,, ,.,... . . ,. Pilot 



, a Harrifon ^'j a Roome », to the Proprie- AP.TiCLl 



W 



>775 i together with the arguments which his Lordihip was faid to hav« ' ' 

adduced in fupport of it. He inferted an addrefs prefented to his Majelly 

lit thb month of September, by the Crentlemen, Clergy, and Inhabitant* 

•f the town of Manchefter. He inferted an account of the fuccefs with 

which Major Boyle had met in railing recruits : He inferted a letter oii 

modern Patriotifm. He inferted a lift of the troops employed and paid 

by Great Britain, during the laft w;r ; together with a private letter from 

Londoa on the (Irength and refources of Great Britain. Thefe Articles 

were, for the moft piart, tranfcribed from Engliih Newspapers. In hit ' 

pkper of Nbvettiber 2^, Mr. Rivington inferted a letter, tending to talce 

off the weight of the conclufions which might be drawn from his former ' 

irifertions^ in fav*ulr of Great Britain and aga'tnji America. Notwith« 

ftanding this proof of his impartiality, on the fame day, feveniy-five of 

the ConneQiciit light*horfe, furrouhded and entered his houfe, with 

biyonets fixed, at noon-day, totally deftro^ed all his types, and ftock, 

and reduced him, at near ftxty years of age, to begin the world again. 

The aftoniflied people beheld this fcene without offering any afliftance to 

the perfecuted printer. At the foot of the Gazetteer, publilhed that day, 

he added in manufcript, an account of thefe proceedings ; which h« 

concluded by faying, " That the New-York Gazetteer muft be difcon- 

" tinued till America (hould be blefled with the reftoration of a good 

" government." For this laft phrafe he was threatened publicly with .. 

afTaffination, unlefs he quitted the Province. ' 

•I This Mr'. Malcolm hid a frhall place in the cuftoms — Infulted In dfe of 
the ftreets, during the winter in 177Z, he threatened to flrike the per- Malcolm, 
fon who infulted him. He was foon after dragged out of his houfe, ^" '77*» 
ftript, haltered, "carted for feveral hours in the fevercft froft ; whipt 
with a feverity never infii£ted by the moft unfeeling executioner in « ' , 

civlliked country 1 and at laft^ under the gallows, tarred and feathered. 
The tranfaClion paflTed in the prefence of thoufands 6f applauding fpefta- 
tort :•— S««e ef them members ef the General Court. The unfortunate man, 
contrary to all ext>e£lation, furvived this inhuman ufagC. He prefented 
a memorial to the General Aflembly ; praying their interpofition. Ths 
mennorial wat read t^->And he obtained— What i—leave to ^ithdrav) it. 



t 



.^,-. 



V.i'-' 



vr A fmuggling velTel, belonging to Hancock, was feized by the Cuftom- 



Cafeof 

houfe officers, on the loth of June 1768. A mob was immediately ,_il' "" " 
niicdf the ofiiceiv infulted, thnr houfes ainjled, a boat belonging to the 

C a ColUAor, 




V 



m 



1 




ll:ll:|!r!s 



lililf 



Hi 



M: 



Cafe of Mr. 

Roome, 



( 100 ) 

ARTICLE Pilot at Charles Town * ; to thoufands and thoufand* 

, of others, who might be named. Such adepts are thejr 

in the art of torturing, that they have invented new 

kinds of cruelties; cruelties unlcnown even to the 

favage executioners of an inquifitlon. 

CoIle£lor, burnt In triumph. Mr. Harrifon, the CoUeAor, an old oiM* 
of an irreproachable chbra£Ver, was pelted with briek'batt, from one oC 
^hich he received a contufion in bit breaft; under the ill ttCt&t of which* 
h« languiflied for more than twelve months. The Governor predad tha 
Council, for their advice and afllftance in feeuring the riotert| but they 
declined it t ftiling the riot, « only a irujb" 

X Mr. Roome, tut a asiivt »/ jimtr'ua, was lent in the year 1767* 
from London to Rhodc-Ifland, to fue for, and colleA, large outftanding 
debts. This poor man, in a familiar letter to a friend in \ht famt Provimet, 
exprefles a jaft indignation at the difficulties he had to encounter in th« 
execution of his truil j difficulties arifing from the iniquitous tendency 
of the Provincial Laws, and the partial proceedings of the Provincial 
Courts ; all calculated t« delay, or defrand^ the Englidi creditors. The 
private letter was among thofe ftolen and fent back to America, by Dr. 
Franklyn. On the receipt of it Mr. Roome was brought before the Af. 
fembly and thrown into prifop, where he continued fome months. 

y A fufpicioa arofe that infieftion bad been communieated from a 
Hofpital, erefied at Marble- bead, for the purpofe of inoculation. Tbc 
mob^ufual adminiflrators of juftice in thatvnkappy country— 4rofe, burnt 
the Hofpital ; threatened to bum the boufes of the proprietors { and con- 
tinued parading the ftreets for lieveral days | menacing a general maflacre 
and devaftation. The injuNd parties applied to the General Airembly.» 
A Committee was ordered to repair to Marble-head, report the (»€bt and 
inquire into the canfes. The Committee reported the fads, nearly at 
ftated in the petition; The report was received; mi'-^otbiHi firtbv 
done if tie utffemblj, 

* On the i8th of Auguft 1775, before iaj hoftilitles begun, or were 
even threatened there, they executed a Negro Pilot at Charlei Town, 
who had faved near a thoufand pounds fterling by his induftry, under the 
falfe pretence of his having introduced arms and ammunition among the 
/laves. So groundlefs was the accufation, that the Judges made a folemo 
report of the incompetency of the evidence againft him* In vain did the 
Covsmor meft earneftly endeavour to fave him. Thefe aflaffins threatened|^ 
that if he inttrpefed,. tbey would h:tng the Negro at bis (the Governor's) 
owadoor*. 

-' Tarring 



Care of the 
B.npiietors 
of the Hof. 
pital at 
Marble- 
Head. 



Cafe of the 
Negro Pilot 
at Charles 
Town. 



^'i>ii,l■.■i^^V.^f_ 



r. 



!.l 



C loi ) 



Tarring and fiathering^ a fpecies of torture as 
repugnant to decency, as (with the outrages of which it 
has been made the prelude * ) it is (hocking to hu- 
manity, is the undifputed right of the American 
rebels. ■ \^:-^ -y ■ 

GooGiNC I* is another fpecies of torture, of which 
the name, and the practice, are peculiar to their felves : 
Of their adroitnefs in inflicting it, more than one of 
the Britifli foldiers at Lexington, are melancholy 
proofs. 

The Congrefs muft not tell us, that thefe are the 
eutrages of the mob. They are not the exclufive a£ls 
of the'perfons by whofe hands they were perpetrated, 
they are as properly the aAs of aU the AJfemhlies, law- 
ful or unlawful, which in the provinces where they 
were perpetrated, have feized the executive power } they 
are the ads of the authors of this audacious Declaration ; 
of thefe men who ftyle their felves the Congrefs, A6ls 
fo notorious in their perpetration, fo flagitious in their 
nature, not to punijh, is to countenance, approve, adopt,— 
But in this I blame them not. They could not punifb, 
knowing as they know, that it was only under the 
terror which fuch daring outrages infpired, that their 
rebellious enterprifes could have any chance of fuccefs. 
Howbefides could they puntfh, as bodies, adls, of which, 
as individuals f fo many of them had been fpe£fators, prO' 
Jt£forSy ptrpttrators. 

Or ads of death and defolation committed under 
arms, who fet the example i The firft adts of hollili- 

■ Such u carting, whipping, halttring, &c. 

k Tlu> ii a wa^r of tsulag the eyes oat of tht fockett. 



ARTICLE 
XXV. 

Tarring and 
feathering. 



Googing, 



Thefe no 
more a&i 
of the mob 
than of all 
their Af~ 
femblies;of 
the Con- 
grefs. 



The firft 
a^sofhofti- 
Jity com- 
mitted by 
the rebels. 



f 



■la 



lii^ 



11!? 



ARTICLE 
XXV. 

Their crueU 
y at Lex- 



^0 aft •f 
fttfidy iin 
the pare of 
Covern- 
tncnt. 



Proof of the 
perfidy of 
the Con- 
^ef«. 



Violation of 
he Cartel 
t Cedres. 






( 102 ) 

ty, by whom were they committed ? The Americana«— • 
The firft trigger was drawn, the firft mufket was fired 
by them. They carried into the field the fame thirft of 
torturing, which they had not been able to fatiate in 
their towns. Their humanity is written in indelible 
chara(Sters with the blood of the foldiers fcalped and 
googed at Lexington ''■, 

But the Congrefs talks of circumftances o^ perfidy. 
What compacts have been violated by his Majefty, or 
his Parliament ? This is tender ground. The Con- 
grefs fhould not have touched it. Perfidy i$a word tha{ 
Jhould be erafd from their vocabulary. — „.,«y * 

Charges unfupported by proofs recoil on the ac- 
cufer } I would not charge even rebels with perfidyj if 
1 h^d not proofs. The affair of Cedres (hall vindicate 
my charge. 

An Englifh Captain, of the name of Fofter, at the 
head of about thirty regulars, with a party of Indians, 
furprifed, defeated, and took a detachment of about 
five hundred and ten men, under the command of one 
of Arnold's officers. Some Indians had fallen in the 
attack ; to their manes their countrymen propofed to 
facrifice, fome at leaji of the prifoners. Captain Fofter 
humanely interpofed } his eloquence, feconded by pre- 
fents to a confiderable amount, prevailed ; the unhappy 
yiil'ims were faved ; all but one, who in (pite of Aw en- 
deavours fell. Not having men enough of his own to ' 
guard them j fearful of expofing them to the return of 
Indian refentment ; apprehcnfive that in the cafe of be- 
ing attacked, neceflity might be urged PQt only to ju& • 
tify, but to compel the putting of them to death, Captain 



f See GenenI Gage'i account of tke IkirnKb it LexIngtM^ 



•/!»-■ I 



Fofteif^ 



i!f. 



f '02 ) 



T 



Foflcr embraced the generous refolution of fetitng them 
. free. Attentive, however, to the good of his Majefty's 
foldiers, as well as tender to the AifFerings of rebels, 
he exprefsly ftipulatcd, that an equal number of Englifli 
and Canadians made prifoners at St. John's^ fhould be 
returned to Canada as quick as poffible. For the per- 
formance of this ftipulation, four of the principal of- 
ficers of the rebels remained as hoftages. The cartel 
was communicated to Arnold. By Arnold it was ap- 
proved and ratified. He fent a copy of it to the 
Congrefs, If any convention f<7M ^^y^rr^^/, thisfurely 
u that convention. If any aiA deferve the name of 
ferfidyy the breach of fuch a convention is furely that 
a6l J yet this virtuous Congrefs, who defcry tyranny 
in the exercife of a regular Government ; cruelty in 
forbearance, and perfidy in the obfervance of law; 
fignified by a flag of truce, as they call it, in terms of 
the utmoft infolence, to General Burgoyne, their refufal 
to comply with the engagement, or return the prifoners, 
threatening if the hoftages be touched, to facrifice the 
£nglifli, who by the cartel ought to have been given 
in exchange. Alleging in "^rufe, the death of one man, 
who was killed bej'cre the cartel was accepted, or even 
Propofed, 

And (hall the Congrefs after this declaim againft 
the rule of warfare of the Indian favage? At 
^he bare mention of fuch a perfidy a? this, a deeper 
dye would tinge the favage cheek than their own paint 
could ftairi upon>it. What will be the probable confe- 
quences of this perfidious violation of the law of war ? 
Indians whom, as we fhall fee hereafter, the Congrefs 
Jirji engaged in this difpute — Indians claim a property in 
^hgir prifoners j their property in the rebels taken pri- 
' ' . G 4 foncrs 



ARTICLE' 
XXV. 






The btood 
of all the 
prifanert 
hereafter 
flaughtered 
will be re- 
quired at 
the handi 
of the Con- 
grefi. 



\ 



■; I; 



1 I 



I 



-mmu 



^^mmi 



ARTICLE 
XXV. 



Ijjhi 



. . ( 104 ) , 

Toners at Ccdres, was purchafed by the King*s officer^ 
with the Ktn£i money. The condition of the purchafQ 
was (lipulated to be the liberty of an equal number of 
loyal troops. That condition is violated with infolence, 
with perfidy. In the courfe of this conteft, fhould ic 
again happen that rebels fall into the hands of Indians^ 
who will pay their ranfom, what ofllcer will thinlc 
his felf at liberty to advance the money of the Kingi^ 
only to rivet the chains of the foldicrs of the King? 
Whatever be the known rule of Indian warfare^ the 
Congrtfi has pronounced that the rule (hall be followed 
with the utmoft feverity. If the horrors of battle b« 
rendered tenfold more horrible by the deliberate facrifico. 
of the prifoners, the Congre/s has commanded that it fliall 
be fo. Should prifoners hereafter be flaughtered j 9,% 
the hands of the Congrefi will their blood be re* 
quired. ■,;^^ y\'^'^<&:t 



i ! * 



/PTICtl 
XlfVI. 









«?»:■- ,i> >«■*!" 



i .1 



ARTICLE XXVr, 

He has conArained our fellow-citissens, 
taken captive on the high ieas, to bear 
^rms againft their country, to become the 
executioners of their friends and brethren, 
pf ^p fall- thcmfclves by their haqds. 



V 






IlNSWEI^ 



i. 

I 



( »os ) 



1t:*ff^f^hiii-'>:i^. "Pot- 



:■*''-. 



liRTICLt 
XXVf. 



^*^;.i,imiH.^» ANSWER. 

To urge the alleviation of punijhment as a proof of 
tyranny^ is a piece of folly referved to the American 
Congrefs. Thefe ** fellow-citizens taken captive on 
** the high feas"— What are they ? In the eye of the 
taptorsy what are they i Rebels, What is the punifli- 
ment denounced againA rebels by the law of captors i 
Peath, forfeiture of goods, corruption of blood. In- 
ftead of this, what is the punifliment lnfli£led by the 
A£t againft which this artkcle complains i To ferve on 
board his Majcfty's fleet. It is not even added that 
they (hall ferve in America ; that they (hall bear arms 
againft the partners of their guilt. 

With what indignation muft this article be read 
when it is known, that what is here im.puted to his 
Majefty as exceflive feverity againft rebels^ has been 
infli(Sled by the members of this very Congrefs on 
numbers of our own fellow-citizens, innocent even in 
the eyes of that Congrefs ! It is known with what zeal 
the agents of the Colonifts have, of late years, been 
employed in inveigling citizens and labourers to go to 
America. Numerous are the Scotch and Irilh emi- 
grants who have gone thither on the faith of engage- 
ments that they (hould be free^ knd encouraged to 
exercife their refpeiiive trades. Thefe mr - were in- 
nocent In the eyes of the Congrefs. To tl>e Members 
of it, they owed no obedience ; from thdni they had 
received no benefit. Yet it ia the bo^ft among the 
Rebels, that on their arrival there, inftead of obtain- 
ing the peaceful fettlements they had been promifed, 
(hf fc unhappy men were compelled « to bear arms 

?* againft 



The illerl. 
ation of 
puniOimMi; 
urged n a 
proof of ly« 



What It n. 
probated ai 
an aA of 
feveritjr in 
hit Mtjeffy 
againft 
rttt/t, in- 
fliaed bf 
the Coo- 
greft on 
men allow, 
ed to be in- 
nocent. 



I I 






I- 



( io6 ) 




■■" [ 



\l 'I 



"xxvT'^ " againft their country ; to become the executToneri 
, " of their friei^ds and brethren, or |p fall their fclve» 

" by their hands." 



t 

ARTICLE 









vv,r;"""vfi5>?J;' 



. V ■ 






'.■■.'' ■ . , 



ARTICLE XXVII. 

He has excited domeillc infarredions 
among us ; and has endeavoured to bring 
on the inhabitants of our frontiers the 
mercilefs . Indian Savages, whofe knowi> 
rule of warfare is an undiftinguifhed de- 
ilrudlion of all ages, fexes, ai>d condition^;. 



.:,;'i'>: ?xn •tWvr'-* 



"\''' rJ'i'i-iTiy^ 



^S 



ANSWER.*' 



.T I ,->.. 



Twochar^ei 
containe> 
in Ihii A>- 
ticte. The 
Mciting Ho- 
mfcfticinfur- 
reftion', 
>ad tbe em- 
ploying of 
IntUant. 

Among 
whom were 
domeftic in- 
iurredioni 
excited i 



The article now before us confilts of two charges, , 
each of which demands a feparate and diftin<5l con- 
fideration. The one is, that his Majefty — « has 
" excited domeftic infurre£lions among them j" the 
other—" that he has endeavqured to bring on the . 
" inhabitants of their frontiers the mercilefs Indian 
*• Savages," 

By his Majefty, in the firft charge, is meant— not ' 
his Majefty, but — one of his Majefty's Governors. 
He, it feems, excited domejlic infurre£iions among 
ihem-'Be it fo — But who are meant by them ? 
Men in rebellion; men who had excited, an^ ^, 
were continuing to excite, civil infurre£lions againft 



>n- 



kot 

rs. 



( 107 ) 



ARTICLE 

xkvii. 



By excitfnn 
diimeftir in- 



>ft^..r' 



his Majefty's government; men who had excited, 
?nd were continuing to excite, one fet of citi- 
'^ens to pillage the efFe<Sls, burn the houfes, torture the 
perfons, cut the throats of another fet of citizens. 

But how did his Majefty's Governors expitp dg- 
meftic infurreftions ? Did they fet father againft fon, 
or fon againft father, or brother againft brother ? No— Sem"'* 
they offered freedom to the Jlaves of thefe afTertors of offering 
liberty. Were it not true, that the charge was fully "n'avei. 
juftified by the neceffity, to which the rebellious pro- 
ceedings of the Complainants had reduced the Gbver- 
por, yet with what face can they urge this as a proof 
of tyranny ? Is it for them to fay, that it is tyranny 
to bid a Have be free? to bid him take courage, to 
rife and affift in reducing his tyrants to a due obedience 
to law ? to hold out as a motive to him, that the load 
which cruflied his limbs (hall be lightened ; that the 
Vhip which harrowed up his back ftiall be broken.^ 
that he fliall be raifed to the rank of a freeman and 
a citizen ? It is their boaft that they have taken up 
arms in fupporf of thefe their own felf- evident truths 
— *• that all men are equal" — " that all men are 
** endowed with the 'unalienable rights of life, libertyy , . 

and the purfuit of happinefs" Is it for them to com- 
plain of the offer of freedom held out to thefe wretch- 
ed beings ? of the offer of reinftating them in that 
equality, which, in this very paper, is declared to 
be the gift of God to all-y in thofe unalienable rights^ 
with which, in this very paper, God is declared to * '" 

h;ive endowed all mankind I 

With refped to the other meafure, the attempt— Theeinig- 
a^d it has been more than an attempt^ to engage the d1fr,**?""f 1 
L^djans againft them— Were it neceflary, I fcouW be tifi'bk^" '* 

bold 






1 
t 

1 

!• 

I 

i v.) 


V;- 



1 U 



1'' 



Hii 



i ! ;■ 



I H' 



ARTICLE 
XXVII. 

II I ■ 

lacaufe 
force being 
Beceff°arv, 
that force 
iKbich is 
ntoilcartly 
tobepro- 
«ired, and 
moft likely 
tohttfec- 
tivtf onght 
to be em- 
ployed. 
Aad becauft 
it is only 
lettiBg loofe 
an enemy 
wbomwe 
bid rertrain- 
cd, vie had 
encountered 
in defence 
oT the Ame- 
ricans. 

l^tthSi was 
not a Tolun- 
taiy ad of 
his MajeAy. 
Tbe Con- 
grefs firft 
engaged the 



W . ' i 



No IndisM 
appeared on 
the fide of 
Covein* 
meat till 
the year 
iTfi. In 
the north- 
•raQtlo- 



bold enough to avow — what, I beh'eve, has already 
been faid by fotne one upon this fubjefl — *< That fince 
** force is become necejptry to fupport the authority of 
** Parliament, that force which is moft eaftly to be 
« procured, and moft likely to be effe^iive^ is the force 
*' which ought to be employed** I fhould be bold enough 
to avow, that to me it would make little difference, 
** whether the inftrument be a German or a Calmuck, 
*< a Ruffian or a Mohawk.'* 

Should the force of prejudice be too flrong to 
yield to this defence, were it neceflary we might have 
recourfe to another conflderation. We might urge, 
that after all, we are only letting loofe on them an 
enemy whom we had hitherto reftrained ; an enemy 
from whom, but by our protedlion, they would never 
have been delivered } an enemy whom, in their de- 
fence, we oft-times have encountered. 

On thefe grounds we might, I think, fafely reft the 
defence of the fecond charge contained in this Article. 
But the truth is, we are not compelled to defend it on 
this ground. How mercilefs foever the Indian Savages 
may be, how deJiruSiive foever be their known rule of 
warfare^ it is the height of infolence in the Congrefs 
to complain that they are invited to join us : It i> the 
bafeft hypocrify to impute it to his Majefty, as a voIuH' 
iary ad of feverity — becaufe— and this reafon, I think, 
admits of no itply— the Congrefs were the firfi to engage 
the IntUam in this difpuie. 

The Congrefs knows this aflertion to be true. It 
was not till the affair of Cedres, that is, till the year 
1776, that any Indians appeared on the fide of Go- 
vernment. It was early in the year 1775V that the 
Rebels furprifed Ticonderogaj made incurfions and 

V * '^' ' committed 



( 109 } 

committed hoftilities in the frontiers of his Majefly*s 
province of Quebec ; a province at that time in peace. 
Now the Members of the Congreft cannot deny that 
iumi at that very time, they had not barely engaged, 
but had brought down as many Indians as they could celled 
againft his Majefty*s troops in New England, and the 
northern Provinces. 

Nor were they lefs induftrious or lefs tardy in 
bringing down the Indians into the fouthern Colo- 
nies i for at the fame time, namely, early in the year 
1775, the Committee of Carolina deputed fix peribns 
to treat with the Creci and Cherokee Indians* Were it 
necefTary I could name them. Sir James -Wright, 
Governor of Georgia, and Mr. Stuart, fuperintendent 
for his Majefly in the Cherokee nation, had been 
driven, the one from his ufual place of refidence, 
the other out of the Province. One perfon ftill re- 
mained, Mr. Cameron, the deputy fuperintendent in 
the Cherokee nation : He was in their way ; his pre- 
fence impeded the treaty they wiihed to form with the 
Cherokees ; obftru^d meafures which, imputed to his 
Majefty, they call the height of cruelty, but adopted 
by their felves, become only, in their own language, 
*• means of defence" He therefore was confidered as 
an obje6t that was at any rate to be removed. The de- 
puties of the Committee requeued, or, as their felves 
explained it, '* commanded" him to retire. He not 
obeying their orders, one of the deputies, accompanied 
by two independent preachers', ^ter having gone 
through the interior and back parts of Carolina and 
, Georgia, on the pious mijfton of haranguing and incit- 

* Thdr MUMt are hart and Ttaant: Swhf pioui pafton AouU be 
knowiit 



ARTICLB 
XXVIL 

■ I M 

tun, the 

Rebels had 

aAuaily 

broue^ic 

down Ia« 

diaRiintte 

jreari775. 

At the (mm 

time, vis. 
in iUeycar 
1775, tlwf 
fent dcfMi- 
tica-coea- 
gagetiiefa« 
diam in ttie 
fouther* 
Protiucca, 



And at* 
tempted to 
engage a&. 
falTiiu to 
murder his. 
Majefty's 
fuperintend- 
ent in the 
Cherokee 
nation. 



y 



' I 



\\ 



I'' 



i 



*: 



1! 



n 

I i 



In the at. 
tempt on 
Tybee 



( iio ) 

*xxy^^ ing the people to rebellion, difpatched an cmiflary * td 
r give and receive Talks from the Indians, and to en- 

deavour to bring them down upon his Majefty*s 
. ' troops ; and as Mr. Cameron was ftill in their way, 
their emilTary was directed to raif? the Indians and 
^i' " ' feize him; and if that could not be done, to offer a 
confiderable reward to any individual that would />n- 
vatclyjhoot him from behind a bujh, and then efcape into the 
fettlementSM 

Early in the beginning of the prefent year e, an 
attempt was made on Tybee Ifland, where the Rebels 
IiUnTthey expedled to find the Governor of Georgia, with feveral 
employed officers and gentlemen. Happily they were not there;' 
■nddrefled Had they been there, we may judge of the treatment 
party as In- ^^^Y would have received by that which was adlually . 
disns, and jnflidled on fome mariners and a fhip- carpenter, whom : 

fealpedthe a^ 

wounded, the Rebels did furprife there. One of them was ; 
killed; three mortally wounded. The firft died, not 
tfthe wounds he received in the attack, but under the cruel 
torture of the scalping knife. So far were thefe troops -i 
of the Congrefs from being averfc to employ the In* ; 
dians, that they not only brought Indians with them, 
but determined, as we fee, to adopt their known rule of> 
warfare ; the whole party of Rebels were drefled and 
painted like Indians. c* i:^ . ..s^v 

' Yet thefe men can, without a blufli, impute it ta( 

« • the King as a voluntary adt of fcverity, that his Majefty 

has engaged tbe Indians. • T*; 

■•■',:■; u 



ki. 



t Hi* name is Richard Pearit. 
( Oa the %iCix of March. 



ARTICLE 



( I" ) 



, If ».-r tt^rl 



l-^i 



>iii:. 



• ■-.'; 'tdi; *♦•■, 






ARTICLE XXVIII. 



knd 



to" 



ARTICLt 
XXVIlIv 



In every ftage of thefe opprefHons we 
have petitioned for redrefs in the mod hum- - 
ble terms ; our repeated petitions have been 
anfwered only by repeated injury. 



■r.H 5,.v 



ANSWER. 



. • 'J 



.-J 



Very different are the ideas which feem to be at- 
tached to the fame terms on this fide of the Atlantic and 
on the other. Here A<38 of Parliament are A£ts of the 
Legiflature, acknowledged to be fupreme ^ there Jkik% or\\y 
of pretended legiflation, of unacknowledged individuals. 
Here treafon is an offence of the moft atrocious nature ; 
there only a pretended offence. Here to deny the autho- 
rity of Parliament is the utmoft height of audacityy 
there it is the loweft pitch of humility. 

This diftindtion it was neceflary to make, before we 
could come at the meaning of this article. The reader 
might otherwife have imagined, that in the re(blution3 
of the American Affemblies, in their addrefles to the 
good people of England, in their Petitions to the King 
or the Parliament, the authority of Parliament, and 
their own juft and conffitutional fubordination to it, 
had been recognifed, and the undifputed prerogative o^ 
the Crown allowed ; that fpecific demands of what 
would fatisfy them had been made, and fpecific offers 
of what they would do had been tendered. It might 
•iherwife require more than common difcernment to 

7 find 



Difference 
of the ideal 
attached ta 
the fame 
terms here 
and inAme* 
rica« 



.ii'i\ 



Difference 
between la 
humble Pe- 
tition for 
ledrefs, an A 
a claim of 
independ-* 
ence. 



^i 









H 



\ \ 



'-/' A\ 



1 




f 


^^^n 




IftheChiefa 


^B 


( of the re. 


■ bcllion had 


H tver meant 


H to exprefi 


H their fejyei 


H f intertniof 


■ humility, it 


■ would have 


Hi' 1 


|; been at the 


B ' 


i: CoBgreft 


^H ' 


1 >774- 




1 ift, Beeanfe 


■' ; 1 hoftiiitict 


■ ' f were not 


1: then begun. 


1 1' adly. Be. 


1 canft to tf. 


1 : ftAarecon. 


11 i h ' ciliation was 


I i \ \~ the avowed 


1 ' , objeftof 


that Con. 


•rtfi. 


i 


■|| ' . ,-.-.. 


! 


i i 


I - . 


;| I 


*■ ■ ' ■ * 


I 


1 

1 ; 


bythiiCoa- 


,N: greft the 
K^flative 


' power of 


Pariiament 


and the 


1 - '' kaewn pre> 


, ' ngative of 


\' ; ■ : 1 ' the Crown 


j| r , declared to 


1 


! i 


hegriev.. 



^xxvin* find out the humility of their Petitions : what they call 
a Petition fo Ridrefs^ would ftill pafs in the eyes of 
men of common underftanding for a claim of indt'* 
ptndence* 

To go through the proceedings of all their Aflem- 
blies, to cite all their Refolutions, AddrefTes, and Pe- 
titions, would be to the reader, as well as to the wri- 
ter, unfpeakably irkfome. Let us then begin by the 
proceedings of that Congrefs which fat inteventy-four. 
At //&<?/ time hoftilities were not begun, atleaftonthe 
part of the Crown. So far from it, that the Congrefs 
expreflTed xXsfurprife at the fteps, which the appearance 
of hoftilityon the part of the Provincials compelled the 
Commander of hisMajefty's forces to take, for the, pur- 
po(e, not of attacking tbenti but fecuring his own troops 
from bting attacktd, Befides, the p^ofefTed objedl of that 
Congrefs, as theit felves declare it, in a letter to Gene- 
ral Gage, was *' by the purfuit of dutiful and peace- • 
** able meafures, to procure a cordial and effectual re- 
*' conciliation between Great Britain and the Colonies.*' 
If ever, it muft be then, when they were aflembled 
with this defign, that their language would be decent 
and bumble, their propofals candid and explicit. If 
there we find no traces of humility or candour, it 
would be folly In the extreme to look for it there* 
after. 

Now as well in the Refolves, as in the Addrefles 
and Petitions of that Congrefs, the kgiflative power 
of Parliament, and the known prerogative of the 
Crown are declared to be grievances. In contradi<5tion 
to what we have feen to be the conftant courfe of go- 
vernment, they deny the right of the Crown to ftation 
the troops in fuch part of the empire as in its wifdom 



it 




■' .s 



L-, : 



f "3 ) 

it wall fee nt ; they deny the authority of Parliament 
to imkcany lawt relating to their internal policy^ or tu 
taxation internal or external y points on which they 
claim the exclujive right of legiflature to their own Af- 
femblies. In all humility they refolved, that the open 
rcfiftance (hewn to the legiflative power of Parliament, 
by the inhabitants of Boflon ; that all the outrages by 
which that refinance was manifefled and attended — 
fuch as deflroying the property of his Majefty's Britifli 
fubjefls, feizing his ftures, burning his magazines, tor«- 
turing his officers, (hutting up the Courts of Juftice, 
were moft thoroughly to be approved^ ought to be fup- 
ported by the united efforts of North America, to be kept 
alive by contributions from all the Colonies ''. 

' These are the humble Petitions to which this article 
alludes. What return could by any Government be 
made to them, we may leave to any man to determine 
who knows what government is. But ihey petitioned 
for redrefs. Their grievances we fee the/ ftate in very 
comprehenflve terms ; fo comprehendve, as to take in 
every A£l of Government. Were the offers of what 
they were ready to do more precife and explicit ? What 
motives did they hold out to induce the King and Par-^ 
liament to give up fo large a portion of an authority, 
hitherto undifputed? They very gravely alTured his 
Majefty, that they had always been as fubmiffive and as 
dutiful as they ought to be \ that they would hereafter b$ 
jiijl as fubmiffive and as dutiful as they had been-i that 
moreover in complying with their demands, he would 
obtain the ineftimable advantage of — what ?— " feeing 
** all jealoufes removed }"—^that is— if he would take 
away evtry trace of their fubordination to his felf and 



ARTICLE 
XXVIH. 

Tiie Open 
refiitance 
fliewnto iha 
M^iflative 
power of 
Parl'ameat 
by the peo- 
ple of Bof- 
Aon, and all 
the outrages 
that attend- 
ed it, were 
thoroughiy 
approved, 
and declar- 
ed worthy 
of genf ral 
fuppc rt. 

Nothing of- 
fered on 
their part* 



A SMt^EtuitodJouraalfwlerocMdioftA/ thisCongreft* 

H Parliament, 



I 



i ' 



' i 



l\m 



e> 



ARTICLE 
XXVIII. 



Thev ought 
■ precirrly to 
have ftated 
what they 
wanted, and 
what they 
were ready 
tcfubfflittOt 



i>(i. 



This not 
^one, yet 
Parliament 
made the 
fitH ad- 
vances to- 
wards a re- 
concllia- 
tioo. 



Manner in 
which thefe 
advances 
were receiv- 
ed by thefe 
humble Pe- 
titioners at 
their Coa« 
grefs in 

»775' 



Parliament, they would not complain of his authority ; 
if neither he, nor his Parliament would exercife any 
power over them, they would not be jealous of his 
power or that of Parliament. 

It is for malcontents, perfons who profefs their 
felves diflatisfied, to ftate precifely what it is with 
which they are diflatisfied ; what it is that will content 
them ; what it is to which they are willing to fubmit. 
They know it for certain, at leaft they ought to know 
it; is it not for them then to declare it, to declare 
their own feelings, what pafles in their own breafts ? 
Or is Government, who does not know it, cannot 
know it, to torture itfelf to divine it ? 

This was not donej and yet fo far was the Britifli 
Government ** from anfwering,"— as the Congrefs 
words it, — " their repeated Petitions, by repeated in- 
** juries •" that it made ^tfirji advances^ actually held 
out terms of accommodation. Thefe terms were fub- 
mitted to the conAderation of the refpe£live Aflemblies; 
and who would think it ?<-thefe Aflemblies fo trem- 
blingly alive to every the gentlefl; touch of their rights 
by the King or Parliament, declared without referve, 
and without a blufli, that all their powers were abforb- 
ed by a body unknown to their laws,-'by a Congrefs. 
To that Congrefs then which fate in I775> they refer- 
red it to confider of the terms held out to them. By 
thefe humble Petitioners how were the terms re- 
ceived ? 

The Parliament was declared to be *< a body of men 
** extraneous to their con/litution." The propofition held 
out by Paiiiament, was declared to be " injidious andun^ 
** reafonable j" the requifition to furnijh ** any contributi" 
'* 9tty any aid, undtr the form of a taxy* was declared to be 
t^^w 2 . « unjti/i^\ 



( Iti ) 



•• unjuji:* T^he " inttr meddling^** ^z% \i Was itfjie^- 
fully called,—" of the Britijh ParHamint, in their pro- 
** viftomfor thefupport rf the civil gtvermuntf or admi- 
** niftratioH ofjujiice" was declared to be ** contrary W 
'* rights** The rtafon for this laft ftlTertiotl was added j 
and was fuch as concluded againft the whole power of 
Parliament—" That the provifuns eitready made pleafed 
*' their felves^:* 

Is this the language of fubje&s humbly petitioning for 
redrefs ? Of men, who profefs their felves membei's of 
•ne large empire, and fubordinate in Any degree^ to the 
fupreme controlling body of that empire ? or is it 
the language of one independent ftate to another ? '' 

' Could any doubt ariib in the mind of any candid 
man, whether independent hidj or had notj been 
all along the determined obje£l of the leading men in 
America, he Would have only to peruA: the printed 
proceedings of-the{e two AlTemblies, which fat under 
the title of Congrefles ''. 

In the firft, they profelTed to defire nothing moJ-e ar-i 
dently, than that fome mode mi^ht be adopted of hear- 
ing and relieving their griefs, fome propbfitioii held 
forth which might b£ a gfouhd df reconciliatioil. 
Dreading, meanwhile, nothing fomuch as theaccom- 
plifliment of their pretended Wiflles, they throW intd 
their Votes and Addrefles, and Petitions, terms expref- 
five of the higheft contempt for the authority of Parlia- 
ment, and of their firm refolution not to fubmit to thd 
(xercife of the uhdifputsd prerogative of the Grown* 

i See the proceedingi of the Coiigrefs in 1775. 

k To their own account of the prcoeeding* there^ we Aij apply tha 
words of Cicero, though In a different fenfe trom that \k which he ttlM 
thkip, " SiuUun^ut bunt libmrn /e£<rit, nihil tmftm trit, Ifutd d^fidtrtt*' 

« '" Hi. * The/ 



ARTICLt 
XXVIII. 



They rhcrt 
adopted tht 
iiyleofin- 
dep ndent 
Sutei* 



The pro- 
ceedings if 

thfif'' 'wy 

Ooiigteflei 
irrefragable 
prove that 
thejr had at* 
ready deter- 
mined oil 
independ- 
ence. 

In the firft, 
they »ffirid 
no precife 
terioi, and 
did all they 
vent any be- 
iiig oSeted. 



M-'? 



N 






w 



I 

'in 



* 



r 


1 




m 


1 


m 



ARTICLE 
XXVItl. 



When tfrmi 
wrcra offer* 
C<t| the con- 
lid«ration of 
thfm wat 
leferrert by 
the Provin- 
cial Aflem- 
blirs 10 the 
Coriiref* | 

•1)4 br that 
Con^reft 
treated with 
iadignity. 



Before the 
event of the 
Petition 
could be 
known, at^ 
tributes of - 
fove-eipnty 
afTunned, 
aAi of hof- 
tility com- 
mitted. 



They profefltd to afk only for •* Life, LIhirty, end Pro* 
»* ptrtj." But when they came to explain their pro- 
fefiions, it appeared, that by preptrty they meant a total 
exemption from contributing any thing to the common 
burdens of the State } by Ubtrty, a total manamiflion 
from the authority of Parliament, the Crown, or the 
Law } an entire al^olition of all the cuftoma of their 
anceftors, all the inftitutions of their forefMhen. 

WHiif, notwithftznding the infolence of this lan- 
guage, and in conttddiftion to their expetSlations, a 
mode of treating was propofed, tdrms of reconciliation 
were ofFcrcd by ParliartKiitt ; the conHderation of them 
was reje^led by the refpe^tive Provincial Afiemblies le« 
gaily eflablifhed, and by them referred to an ai&mbly 
unacknowledged by the laws ^ to the Ccngrefs. 

To that Congrefs thtfy were prefented at the very 
beginning of their Seffion. Inftead of being taken op 
dirc£llly, as fiirdy might have been expe£led, confider- 
ing the importance of the objedt, and the dignity of 
that auguft body from whom they originally came, they 
were laid afide ; the Congrefs proceeded to vote a paper- 
curircncy, to feize the public revenues, to laife armies, 
to appoint officers, to fufpend the courts of juftice, 
and then, — at the clofe of the Seffion, — condefcended 
at laft to read the terms held out. No change, no 
modification, was propofed in them, but they were 
crud'ely reje<^ed in the terms of difrefpedl and infolence 
and rancor, we have already cited. 

But this is not all, men who petition in earnefl for 

redrefs, will wait the event of their Petitions. The 

lafl Petition, addrcfled to the King, was drawn up in 

'the month of Augufl, and prefented to the King in the 

month of Septe«^ber 1775. In the fame month of 

I Augufl, 



I ; 



( "7 ) 

Auguft, hefort their Petition had reached the Throne, a ARTicr.B 

boat belonging to the Afia was burnt at New York ; ,'■ 

two (hips were feized by vefTels fitted out in South Ca- 
rolina. Before they could hear how their Petition had 
been received, St. John's was attacked, Montreal at- 
tempted, Canada invaded by Arnold, comminions ifTu- 
td by Waftiington to cruize on the (hips of Great Bri- 
tain, as againft a foreign enemy } Courts of Admi- 
ralty appointed to try and condemn them as lawful 
captures. 

Can any man after this enfertain a doubt whether 
they were determined on independence? Had an Angel 
defcended from Heaven with terms of accommodation, 
which offered lefs than independence, they would have 
driven him back with hofiile fcorn. ' . ,^ '... 



<\\ 



:i W < ■• '" '» •■• i^ ''' 



<% 



I 



.... /. 1 "^ul.--^ 



t 



■<•■• ' 



» ',••')... 



1^' 






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V ■ ■ '' 1 






H3 



SHORT 



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i^ f 



-aoiSi 



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?-■»■• ...-^ .".i 






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*V*. .- .-■/■ ■ 


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f .,, ,.r,--i 








.- *-■ 


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:>;! i'-^t --.'J' 



: ^ . k = 






SHORT REVIEW 



•*> 









O F TH E 



iH.'Tt 



'fi'Jl* 



*' ■ :>M«=tiv t. 



DECLARATION. 



IN examining this (ingular Declaration, I have 
hitherto confined myfelf to what are given asfa^s, 
and alleged agrJnft his Majefty and his Parliament, in 
fupport of the charge of tyranny and ufurpation. Of 
the preamble I have taken little or no notice. The 
truth is, little or none does it deferve. The opinions 
of the modern Americans on Government, like thofe of 
their good anceftors on witchcr^ift, would be too ridi- 
culous to deferve any notice, if like them too, con- 
temptible and extravagant as they be, they had not led 
to the moft ferious evils. 

L^ this preamble however it is, that they attempf: to 
cftablifli a tk^-y of Government -, a theory, as abfurd 
and vifionary, as the fyftem of conduft in defence of 
which it is eftablifhed, is nefarious. Here it is, that 
maxims arc advanced in juflification of their enter- 
prifes againft the Britifh Government. To thefe 
maxims, adduced for this purpo/e, it would be fufiicient 
to fay, that the; are repugnant tq the Britijh ConJIitut'ton, 
t.'jt beyond this they are fubvcrfive of every adiual or 
imaginable kind of Government. 

They are about *' to ajfume" as they tell us, 
** mong thf powers cf the earth, that equal andfeparate 



REVIEW. 

Little no* 
tice hither- 
to taken of 
the pream- 
ble to the 
Declaration. 



Maxims ad- 
vanced in it 
repugntnt to 
the Britifh 
ConlHtu- 
tion, and 
fubvrrfiveof 
all Govern- 
ment. 



'Jr. 



Such IS, 
that all mea 
»fe created 4 
rqual. 



;\ 



( 120 ) 



REVIEW, 



r^ 



1} 






Jl 



!:; I 



Th»t the 
Ti(ht» ji lite, 
libiYty, and 
the purfult 
of bappinefs 
are unalien* 
able. 



Maxims in 
compatible 
with their 
own ton- 

i, 'vi ■ fc - - - - 



"Jfathn to which" — they have lately difcovered— ** the 
** laws of Naturey and of Natures God entitle them" 
What difference thefe acute legiflators fuppofe between 
the laws of NatureyZn^ oi Nature's God, is more than 
I can take upon me to determine, or even to guefs. If 
%o what they now demand they were entitled by any 
law of God, they had only to produce that law, and 
all contruverfy was at an end. Inftead of this, what 
do they produce ? What they fall felf-evident truths. 
^* All meny" they tell us, " are created equal." This 
furcly is a new difcovery ; now, for the firft timc> we 
learn, that a child, at the moment of his birth, has the 
fame quantity of natural power as the parent, the lame 
quantity of political power as the mr giftrate, . . .^ 

The rights of " /i/Jr, liberty^ and the pwfuit of hap,- 
" pimfs*'—hy which, if they mean any thing, they 
muft mean the right to enjoy life, to enjoy liberty, and 
to purfue happinefs — they " bold to be unalienable."' 
This they ^* hold to be among truths /elf evident,*^ 
At the fame time, to fecure thefe rights, they are con- 
tent that Qovernments ihould be inftituted. They 
perceive not, or will not feem to perceive, that no- 
thing which can be called Government ever was, or 
ever could be, in any infiance,exercifed, but at the ex- 
pence of one «Jr other of thofe rights.— That, confe- 
quently, in as many inftances as Government is ever 
exercifed, fomeoneor other of thefe rights, pretended 
to be unalienable, is actually alienated. 

That men who are engaged in the defign of fub- 
verting a lawftil Government, fliould endeavour by a 
cloud of words, to throw a veil over their de^gn j 
that they IhouId endeavour to beat down the criteria be- 
tween tyranny and lawful government, is not at all 
Wv^»\'- ^.*^ . furprifing. 



i 



?t no- 
»8, or 



fub- 
by a 

[abe- 
dl 
(fing. 



( f2l ) 

ficirpriiing. Rut rather farpriCng it muft certainly ap- REVIEW, 
pear, that they Aiould advance maxims fo incompati- 
ble with their own prefent conduct. If the right of 
enjoying life be unalienable, whence came their invaflon 
of his Majefty's province of Canada ? Whence the un- 
provoked deftruiftion of fo many lives of the inha« 
bitants of th»t province ? If the right of enjoy- 
ing liberty be unalienable, whence came fo many 
of bis Majefty's peacealble fabjefts among them, with- ..' 

out any ofFence, without fo nuich as a pretended of- ,. !,! 
fence, merely for being fufpe^ed not to wife well to ■ • i 
their enormtities, to be held by them in durance? If !., 'i 
the light of purfuing happinefs be unalienable, how is ,/ 

it that fo many others of their fellow-citizens are by > 

the fame injuftice and violence made miferable, their 
fortunes ruined, their perfons banifbed and driven . . .> 
from their friends and families ? Or would they have 
it believed, that there is in their felves fome funerior 
fan£tity, feme peculiar privilege, by which t. fe 
things are lawful to them, which are unlawful to all 
the world beddes ? Or is it, that among a6ls of coercion, 
a£ls by which life or liberty are taken away, and the 
purfuit of happinefs reftrained, thofe only are unlawful, -^ 

which their delinquency has brought upon them, and 
which are exercifed by regular, longettablifhed, accuf- r 

tomed governments ? 

In thefe tenets they have outdone the utmoft extra- 
" vagance of all former fanatics. The German Ana- 
baptifts indeed went fo far as to fpeak of the right of 
enjoying life as a right unalienable. " To take away 
life, even in the Magiftrate, they held to be unlawful. 
"jBitt they went no farther, it was refcrved for an Ame- 
* rican Congrefs, to add to the number of unalienable 
„ fights, that of enjoying liberty, and purfuing happi- 
nefs j— 



They go be- 
yond the 
ir.adncf nf 
all other 1«- 
natics. 



! 



i|^ -mm^. 



REVIEW. 



'■ :! 



i 



f • ''I 



ii! ' 
II 



They allow 
CoTern- 
nents long 
eftabliihed, 
Aoald not 
be changed 
for light 
«Mlbai. 



Yet are 
changing i 
Covern- 
Otent cueval 
^ith their 
csiAence, 
for no rea> 
ka at all. 



AfflOQQt Off 

their pre>- 

tended 

Sfficvancet. 



( "a ) 

nefs ;— that is,— if they mean any thing,— purfuing it 
wherever a man thinks he can fee it, and by whatever 
means he thinks he can attain it : — That is, that all 
penal laws — thofe made by their felves among others-!— 
which affed life or liberty, are contrary to the law of 
God, and the unalienable rights of mankind :— -That 
is, that thieves are not to be retrained from theft, 
murderers from murder, rebels from rebelliont ^.i / 
Herb then they have put the axe to the root of all 
Government ; and yet, in the fame brieath, they talk 
of *' Governments," of Governments ♦* long efta- 
" bli(hed." To thefe laft, they attribute fome kind 
of refped; they vouchfafe even to go fo far as to ad-* 
mit, that ** Governments^ long e/iablijhed, Jljould not be 
** changed for light or tranjient reafons'* i ° :,%'. 

Yet they are about to change a Government, a Go- 
vernment whofe eftabliAiment is coevai with their own 
exiftence as a Community. What caufes do they af- 
iign ? Circumftances \7hich have always fubHfted, 
which muft continue to fubfift, wherever Government 
has fubfifted, or can fubfift. 

For what, according to their own (hewing, what 
was their original, their only original grievance? That 
they were a£tually taxed more than they could bear } 
No ; but that they were liable to be fo taxed. What 
is the amount of all the fubfequent grievances they 
allege ? That they were aSlually opprefled by Govern- 
ment ? That Government had aSlualhf mifufed its 
power ? No ; but that it was pojfible they might be 
opprefled j pofftble that Government might mifufe its 
powers. Is there any where, can there be imagined 
any where, that Government, where fubje^ are 
not liable to be taxed more than they can bear ? 

wher? 



( "3 ) 



where it is not poffible that fubje£ls may be op- Review, 
prefled, not poffible that Government may mifufe its ~" 

powers? ' *, " ^ . 

This, I fav» is the amount, the whole turn and fuh- Amnge- 
Jiance of all their gnevanccs. For in takmg a general them under 
review of the charges brought againft his Majefty, and *Jj*'^ ^"- 
his Parliament, we may obferve that there is a ftudied 
confuflon in the arrangement of them. It may there- 
fore be worth while to reduce them to the feveral dif- 
UnSk heads, under which I (hould have clafled them 
at the iirft, had not the order of the Anfwer been ne- 
ceflarily prefcribed by the order— or rather the diforder— 

of the Declaration. T. 

Afts of Go- 

The firft head confifts of Afts of Government. 'f""«"* 

. ' charged at 

charged as fo many acts of incroachmenty io many ufurpationt 
ufurpations upon the prefent King and his Parliaments fe„t''reign 
exclufively, which had been conftantly exercifed by his !'•*''•' **** 

' 1 T» 1 teencon- 

Fredeceflors and their Parliaments*. ftanti^exer. 

cifed from 

In all the articles comprifed in this head, is there a the firft 
fingle power alleged to have been exercifed during the mentof the 
pref<:nt reisn, which had not been conftantly exercifed ^"l"!''"' 

f ,. rr. \ 1- T. 1. , AlltheAft* 

by precedmg Kings, and precedmg Parliaments r Read comprifedin 
only the commiffion and inftru£lion for the Council irj'h^wr- 
of Trade, drawn up in the gth of King William III. "fc of 
addrefled to Mr. Locke, and others "», See there what J^ifed'to"^ 

conftitu- 
a Under this head are comprifed articlet f. 11. fo fat as they are frue, Jh'"*],ft^J[c, 
III. VII. IX. fu far at the laft relatei to the tenure of the Judges' offices, tioni given 
XI. XII. XIII. XIV. XVII. XVIII. fo far as the laft relates to the efla to the Com- 
blifhment of Coufts of Admiralty in general, and the caufes, the cogni- "''''*'".*'• °^ 
lance of which is attributed tothem. XIX. XXII. fo far as the latter relates feign'of 
to the Declaration of the power of Parliament to make laws for the Colo- William 
Hics binding in all cafes whatfoerer. III. 

^ §MCoin« Joum, YoN*"* P* 70; /?* 7>* 



iN, 



k 



i:*n/j '•*. y 



powers 



( "4 ) 



ii ^w 






it 



lui 



n^ 






Br «f«ge 
therefore 
conAitu- 
tionalt 



-;;' . 'J 



<( 



cc 



REVIEW, powers were exercifed by the King and Parliament 

"" over the Colonies. Certainly the Commiffioners wera 

direfted to inquire into, and make their reports con- 
, cerning thofe matters only, in which the King and Par- 

liament had a power of controlling the Colonies. Now 

.'.'.' the Commiifioners are inftru£led to inquire— into the 

•' condition of the Plantations, ** as well with regard 

** to the adminiji ration of Government and Ji^icey as in 
** relation to the commerce thereof j" — into the mean) - 
of making ** them moji beneficial and ufefulto England i 
— *' into thejlaples and manufactures ^ which may be en* 

** couraged there " ** into the trades that are taken up 

♦* and exercifed there^ which may prove prejudicial to 

,..-. V •* England •" ** into the means of diverting them from 

fueh trades."* Farther, they are inftrudled " to exa^ 

mine into, and weigh the ASls of the AJfemhUes of the 

•* Plantations }"— ♦* to fet down the ufefulnefs or mifchief 

•* to the Crownj to the Kingdoniy or to the Plantations 

«* their felves." And farther ftill, they are inftruiSl:- 

cd ** to require an account of all the monies given for public 
** ufes by the JJfemblies of the Plantations, and how the fame 
•* are, or have been expended, or laid out." Is there now 
a fingle A£l of the prefent reign which does not fall 
under one or other of thefe inftrudions. 

The powers then, of which the feveral articles now 
before us complain, are fupported by ufagCi were 
conceived to be fo fupported then, juft after the Revo- 
lution, at the time thefe inftrudtions were given j and " 
were they to be fupported only upon this foot of ufage, 
ftill that ufage being coeval with the Colonics, their 
tacit confent and approbation, through all the fuccef- 
five periods in which thai ufage has prevailed, would 
be implied ;— even then the legality of thofe powers 
would ftand upon the fame foot as moft of the prero- 
V — ,, gacives 



kre 
ind 



On flianf 
occafions 
exprefily re- 
cognifed a* 
fuch by the 
Colonial 
Afftttblicf. 



i'St 



( »s ) 

gatlves of the Crown, moft of the rights of the RSVibw* 
people J— —even then tba exercife of thofc powers "" '" ' 
could in no wife be deemed ufurpations or encroach- 
ments. 

But the tfuth is, to the exercife of thefe powers, 
the Colonies have not tacitly, but txprefsly^ con- 
fented ; as exprefsly as any fubjeA of Great Britain 
ever confented to A£ls of the Britifli Parliament. 
Confult the Journals of either Houfe of Parliament i 
confult the proceedings of their own AfTemblies ; and 
innumerable will be the occafions, on which the legality 
of thefe powers will be found to be exprefsly recog- 
nifed by kSis of the Colonial AfTemblies. For in 
preceding reigns, the petitions from thefe AfTemblies 
were couched in a language, very difl^rent from that 
which they have afTumed under the prefent reign, fn 
praying for the lion-exercife of thefe powers, in parti- 
cular inflances, they adkndwledged their legality ; the 
right in general was recognifed ; the exercife of it, in 
particular inflances, was prayed to be fufpended on 
the fole ground of ittixpedience. 

The lefs reafon can the Americans have to com- 
plain againft the exercife of thefe powers, as it was 
under the confbu.t exercife of the felf-fame powers, 
that they have grown up with a vigour and rapidity 
unexampled : That within a period, in which other 
communities have fearcely had time to take root, they 
have fhot forth exuberant braitches. So flourifhing is 
their agriculture, that — vrc are told — •* beftdes feeding 
*' plentifully their own growing multitudes, their 
** annual exports have exceeded a milliou :" So flou- 
rifhing is their trade, that — we are told — ** it has 
** increafed far beyond the fpeculations of the mofl 
. ;, ** fanguine 



! t 






The effefti 
of them 
beneficial. 



K, 



I.. 



yt'u >'v 



'■«» 



( 126 ) 



I ! 



I I 



REVIEW, it 






If ttie cier* 
cife of thefe 
peweri caa 
juftify re« 
Dellioa{ no 
government 
can be efta- 
bUihed. 



• ir. 

Ads for the 
maintenance 
or the a- 
nendment 
of the Con« 
ftitution. 



In thefe, no 
ntw power 
it afliuned. 



fangulne imagination '." So powerful are they 'm 
arms, that we Tee them defy the united force of that 
nation, which, hut a little century ago, called them 
into being ; which, but a few years ago, in their de« 
fence, encountered and fubdued almoft the united 
force of Europe. .i^. 

If the exercife of cowers, thus efkbli(he^ by ufage, 
thus recognifed by exprefs declarations, thus fan^lified 
:by their beneficial eiFe£ts, can juftify rebellion, therd 
is not that fubjeA in the World, but who has, evei* 
has had, and ever muft have, reafon fufficient to rebel i 
There neyer was, never can be, eftablifhed, any go- 
vei^iment upon earth. 

.iTm kcoad head conflfts of A£ls, whofe profefTed 
obje£l wasreither ]the maintenance, or the amendment 
of their C(Aiftitution*. Thefe A&s were paffed withi 
the view either of freeing from impediments the courfe 
of their commercial tranfa£lions ', or of facilitating 
the adminiftration of juftice*, or of polling more 
equally the different powers in their Confutation ^ } or 
of preventing the eftablifhment of Courts, incon-* 
fiftent with the fpirit of the Conflitution k. 

To flate the objeft of thefe Afts, is to juftify 
them. A As of tyranny they cannot be : AiSts of 
ufurpation they are not ; becaufe no new power is af- 
fumed. By former Parliaments, in former reigns, 
officers of cujioms had been fent to America : Courts 
of Admiralty had been eftabliihed there. The in* 

c See Mr. Burke's fpcechei. <> ArdcleX. 

e Article XVIII. fo far u it relates to the multiplication of the Court! 
of Admiralty, 
r Article XXI. C Article VIII. < ^;>' 

■T ^ creaft 






*>.: 



vr. , lAff^ik..?*' r'^'- 



i,;' 



iftify 
Its of 
IS af- 
jigns, 
>urt8 
in- 



( "7 ) 

creafe of trade and population induced the Parlia- RBv*^'"'^* 
ments, under the prefent reign, for the cotfvenience of " 

the Colonifts, and to obviate their own ohjelHum of 
delays arifing from appeals to England, to eftablifli a 
Board of Cuftoms, and an Admiralty Court of Ap- 
peal. Strange indeed is it to hear the eftabliihment of 
this Board, and thcfe Courts, alleged as proofs of 
ufurpation } and in the fame paper, in the fame breath, 
to hear it urged as a head of complaint^ that his Ma- 
jefty refufed his aflent to a much greater exertion of 
power:— to an exertion of power, which might be 
dangerous ; the eftabliihment of new Courts of Judi- 
cature. What in one inftance he might have done, 
to have done in another, cannot be unconilitutional. 
In former reigns, charters had been altered ; in the 
prefent reign, the conftitiition of one charter, having 
been found inconfiftent with the ends of good order ;^; > '* . 
and government, was amended. 

The third head confifts of temporary A£ls, paflTed m. 
pro re nata, the obje£l of each of which was to re- Jjlf""'' 
medy fome temporary evil, and the duration of which 
was reftrained to the duration of the evil itfelf i*. 

Neither in thefe A6ts was any new power aflum- Nor in tfceft 
edj in fome inftances only, the objeds upon which was any new 
that power was exercifed, were new. Nothing was fumed, 
done but what former Kings and former Parliaments 
have (hewn their felves ready to do, had the fame cir* 
cumftances fubfifted. The fame circumftances never 
did fubflft before, becaufe, till the prefent reign, the 



\ 



■ i, I 



ICourtt 

:rcaft 



I> Under thii head may bedafled Articles IV. V. VI. IX. To far as the 
laft relates to the payment of the Judges by the Crown. XV. XXII. 
lb Car at the latter relates to the furpeofioo of their legiflaturet. 

Colonics 



' I V 



u 



IV. 

ilClsut 




( i2i ) 

*^^^^^- Colonies never dared to calJ iwqucftlon the fupreni*, 

'' authority of Parliament. ; 

Korean they No chafgc, clafled undcr this head, can be called 

come within . _,, ,».»■«• vaiisw 

theciafsof a grtevotiee. Then only is the fubjc<a aggrieved, 

irKv.ncei; ^^^^^ paying dut obedience to the eftabliihcd Laws of 

his country, he is not protcfted in his eftablifhcd 

' rights. From the moment he withholds ebedienct, he 

- forfeits his right to preteaion. Nor can the means^ 

employed to bring him. back to obedience, however 

fevere, be called grievances } efpecially if tbofe means 

be to ceafe the very moment that the end is obtained. 

The laft head confifts of A&a of feif-defence, 

fcu-dctcncc. exercifed in confequittce of refiftance already {hewn, 

but reprefented in the Declaration as A£li of op' 

predion, tending to provoke refinance '. Has his 

Majefly cut off their trade with all parts of the 

!,,;,, world? They firft attempted to cut off the trade of 

Great Britain. Has his Majefty ordered their veffels to 

be feized ? They firft burnt the veffels of the King* 

x.*t Has his Majefty fent troops to chaftifethem? They 

firft took up arms againft the authority of the King. 

Has his Majefty engaged the Indians againft them ? 

They firft engaged Indians againft the troops of the- 

King- Has his Majefty commanded their captives to 

ferve on board his fleet ? He has only faved thehi from 

the gallows. 

i Under thii head may be clafled Articles JCVI. XtlU. XXIV. XXV. 
XXVI. XXVII. Two other Articlei there are, not comprifed within 
«ny of the four heads, the XX. and XXVIII. The former of thefi 
relatei to the government »f ^*bce, with which the tcvvittd Colonic* 
have no more to do, than with the government of RuiTia: The latter 
f ejatei to the Immbh petitioAi they preteiid to have prefeDted « in every 
•< Rage,** as they ftyle it, '< of the oppreflioni," under which tbey pre- 
tend to labour. Thti we have fcen to be falfe. N* one hunblc petitioa | 
ao one decent reptefentitlon, havf they offered, 

. 9t 



«-.• 



( »29 ) 



'hey 
ing. 
|em ? 
the 
;s to 
From 



cxv. 

Nithiit 

theh 

Aoniet 

Utter 
i«»eiy 
prc- 
Utioa I 



felf-itfenct* 



BV 



By fome, thcfe adls have been irtipfdperly called Review. 
" A£li of punijhmtta" And wc are then afked, with _ 
an air of infult, ** What ! will you punifh without baiwcen 
" a trial, without a hearing ?" And no doubt punifh- J[,'Jf/^^„t 
ment, whether ordinary or extraordinary ; whether •"<! Aft* of 
by indi^mentf impeachment, or bill of attainder, fliould 
be preceded by judicial examination. But, the adls 
comprifed under this head are not a6ts of puniihment } 
they are, as we have called them, a£ts of ftlf-dtfenct* 
And thefe are not, cannot be, preceded by any judicial 
examination. An example or two will ferve to place 
the difference between a6ls of puniihment and a£ls of 
felf-defence in a ftronger light, than any definition 
we can give* It has happened, that bodies cfmanu- 
fadlurers have rifen, and armed, in order to compel 
their mafters to increafe their wages : It has happened, 
that bodies of peafants have rifen, and armed, in or- 
der to compel the farmer to fell at a lower price. It 
has happened, that the civil magiftrate, unable to re* 
duce the infurgents to their duty, has called the mili- 
tary to his aid. But did ever any man imagine, that 
the military were fent to puni0i the infurgents ? It has 
happened, that the infurgents have refifted the mili- 
tary, as they had refifted the civil magiftrate : It has 
happened, that, in confequence of this refiftance, fome 
of the infurgents have been killed : — But did ever any 
man imagine that thofe who were thus killed, were 
therefore punijhed? No more can they be faid to be 
puniihed, than could the incendiary, who (hould be 
buried beneath the ruins of the houfe, which he had 
fielonioufly fet on fire. Take an example yet nearer to 
the prefent cafe. When the Duke of C amberland led 
the armies of the king, fortign and domejiic, againft the 
Rebels in Scotland, did any man conceive that he waf 

I font 



\ 



J' 



■^^ 



i 



(1: 



lii 



If: 



k 



( 130 ) 

RBviBW. fent to fmijh the Rebels ?- Clearly not.— He wai 
- fent to protect dutiful and loyal fubjeAs, who remained 

in the peace of the King, againft the outrageMf Rebels* 
who had broken the peace of the King. — Does any mart 
fpealc of thofr who fell at the battle of Culloden, as of 
men that were pumflndf Would that man have been 
thought in his fenfcs, who(hould have urged, that the ar- 
mies of the King fliould not have been fent againil the Re- 
bels in Scotland, till thofe very Rebels hid been judicially 
heard, and judicially conviflcd P Does not evf^ry man 
feel that the fa£(, the only fa£t, necefTary to be known, 
in order to juftify thefe adh of felf-defence, is (imply 
this :— Are men in arms againfl the authority of the 
King ? — Who does not feel, that to authenticate this 
fa^, demands no judicial inquiry ? If when his Royal 
Highnefs had led the army under his command into 
Scotland, there had been no body of men tn arms } 
if, terrified at his approach, they had either laid down 
their arms and fubmitted, or had difperfed and retired 
quietly, each to his own home, what would have been 
the confequence I Th * civil magtflrate would have 
fearched for and fci'-.eJ upon thofe who had been in 
arms ; would have bn ught them to a court of jufiicc: 
That court would have proceeded to examine, and to 
condemn or to acquit, as evidence was, or was not, given 
of the guilt of the refpeftive culprits. T*he Rebels 
did not fubmit, they did not lay down their arms, 
they did not difperfe ; they refifled the Duke : a battle 
enfued : ibme of the Rebels fled, others were flain, 
others taken. It is upon thofe only of the laji clafs, 
who were brought before and condemned by Courti 
of Juftice, that punijhmtnt was infli^ied. By what 
kind of logic then are theiie adls ranked in the clafs 

of grievances ? 

I'hesi 



': *. 






t 

I 



( I3t ) 

These are the AtHsy^kefe exertions of conftitu* RBView. 
tionai, and hhl^ert^ tmdifputed powers, for which, _. ^ "* 
in this audacioiif' oAper, a patriot King is traduced— ttnc« of, 
as " a Prince, ic|(^fe chara£ler is marked by every Aft ,o',bit a^p 
•« which may d^ne a tyrant}" as " unfit to be the *»yp«"«»««'' 
** ruler of a free people." Thefc are the Afts, thcfe 
exertions of conflitutional, and, hitherto, undifputed 
powers, by which the Members of the Congrefs de- 
clare their felves and their conftituentsto be ** abfolved <« 
•* from all allegiance to the Britifli Crown j" pro- 
nounce *' all political connedlion between Great 
** Britain and America to be totally diflblved." 
With that hypocrify which pervades the whole of the 
Declaration, they pretend indeeH, that this event is 
not of their feeking ; that it is forced upon them } 
that they oniy " acquiefce ir ''•• ntcejfity which denounces 
** their ftparation from us:" which compels them here- 
after to hold us, as they ** hold the reft of mankind; 
•* enemies in war j in peace, friends" 

How this Declaration may ftrike others, I know Probabit 
not. To me, I own, it appears that it cannot fail — thii^'e^. 
to ufe the words of a great Orator — ** of doing us »•««». 
•* Knight's fervice ^ ." The mouth of faction, we may 
reafonably prefume, will be clofed } the eyes of thofe 
who faw not, or would not fee, that the Americans 
were long fince afpiring at independence, will be open- 
ed i the nation will unite as one man, and teach this 
rebellious people, that it is one thing for them to fay, 
the conneftioi), which bound them to us, is dijolved, 
another to dijjhhe it ; that to accomplijh their independence 
is not quite fo eafy as to declare it : that there is no 



k Mr. Burkc'i fpccch, 







t-u 



.i 



\ 



\ 



t 



ri 






x% 



i 



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crlmimlu—Vi^di^^i I )»Qj{ie» 0iall eSf^kci m.^^cejftty 
of rubmUtin^tOWhii|IVey1>urdcn8, of i^ 
•v fcHbrts rngy be necftfafy, to bring ihirf .urtigrate^»il *nd 

ret^lllous jpcopic bacic to that alUq^ce tH^ itave 
long had ft in contemplation to renounce, %id have 
Tgxm JJt laft ib daringly rcrounced. , "• 



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