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OBSERVATIONS
ON THE
NATURE
O F
CIVIL LIBERTY,
THE
PRINCIPLES
O F
GOVERNMENT,
AND THE
JUSTICE and POLICY
OF THE
WAR with AMERICA.
TO WHICH IS ADDED, A N
APPENDIX,
CONTAINING
A State of the National Debt, an Eftimate of the Money drawn from the Public by the Taxes, and an Account of the National Income and Expenditure fince the laft War.
Heu mijeri elves ; turn Hojiem, i mini c a que co/ira* Vellra* Spes uritis. ViRG,
„_l_„ lau
B y R I C H A R D P R I C E, D. D. F. R. S.
LONDON Printed, 1776. I
PHILADELPHIA:
Re printed and Sold by J O H N D U N L A P, at the Newft
Printing-Office, in Market-Street.
MDCCLXXV*
-V;
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ADVERTISEMENT.
T N the following Obfervations, I have taken that liberty of ex- ** amining public meafures, which, happily for this kingdom, every per/an in it enjoys. They contain the Jentiments of a private and unconnected man ; for which, Jhould there be any thing tvrong in them, he alone is anfwerable.
After all that has been written on the difpute with America, no reader can expect to be informed, in this publication, of much that he "has not before known. Perhaps, however, he may find in it Jome new matter ; and if he Jhould, it will be chiefly in the Obser- vations on the Nature of Civil Liberty, and the Policy of the War with America ; and in the Appendix.
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OBSERVATIONS, <&c.
OU R Colonies in North America appear to be now determined to do and fuffer every thing, under the perfuafion, that Great Britain is attempting to rob them of that Liberty to which every member of fociety, and all civil communities, have a natural and unalienable right. The queftion, therefore, whether this is a reafonable perfuafion, is highly interefting, and deferves the moft careful attention of every Englijhman who values Liberty, and wifhes to avoid ftaining himfelf with the guilt of invading it. But it is impoiTible to judge properly of this queftion without correct ideas of Liberty in general; and of the nature, limits, and principles of Civil Liberty in parti- cular. The following obfervations on this fubjedr, appear
to me imoortanf, as well as juft; and 1 cannot make myfelf ea(y without offering them to the public at the prefent period, big with events of the laft confequence to this kingdom. I do this, with reluctance and pain, urged by itrong feelings, but at the fame time checked by the confeioufnefs that r am likely to deliver fentiments not favourable to the prefent meafures of that government, under which I live, and to which I am a conftant and zealous weil-wifher. Such, however, are my prefent fentiments and views, that this is a confidera- tion of inferior moment with me; and, as I hope never to go beyond the bounds of decent difcuffion and expoftulation, I flatter myfelf, that I (hall be able to avoid giving any perf< n juft caufe of offence.
The obfervations with which I ftiall begin, are of a more general and abftradted nature; but being, in my opinion, of particular confequence; and neceflary to introduce what I have principally in view, I hope they will be- patiently read and confidered.
SECTION,
i 4 ) SECTION L
Of the Nature of Liberty in General.
N order to obtain a more diftincl: and accurate view of the nature of Liberty as fuch, it will be ufeful to confider it under the four following general divifions.
Firft, Phyfical Liberty. Secondly, Moral Liberty.
Thirdly, Religious Liberty. And Fourthly, Civil Liberty.
Thefe heads comprehend under them all the different
kinds o( Liberty. And I have placed Civil Liberty lair, be* caufe I mean to apply to it all I ihail foy of the other hinds of Liberty.
By Physical Liberty I mean that principle of Sponta- neity, or Self determination, which conditutes us Agents ; or which gives us a command over our actions, rendering them properly ours, and not effects of the operation of any foreign caufe. Moral Liberty is the power of following, in
all circumftances, our fenfe of right and wrong ; or of acting in conformity to our reflecting and moral principles, with- out being controuled by any contrary principles,— Reli- gious Liberty (tgnifies the power of exercifing, without rooleitation, that mode of religion which we think beft; of of maicing the decilions of our own confeiences, refpedjin* religious truth, the rule of our conduct, 2nd not any of the decilions of others. In like manner; Civil Liberty is the power of a Civil Society or State to govern itfelf by its own difcretion ; or by laws of its own making, without being fub- jecl to any foreign difcretion, or to the impoiitions of any extraneous will or power.
It Ihould be obferved, that, according to thefe definitions of the different kinds of liberty, there is one general idea, that runs through them all ; 1 mean, the idea of Self -direction, or
Self government. Did our volitions originate not with our-
/elves, but wi<h lome caule over which we have no power; or were we under a neceility of always following fome will differ- ent from our own, we fhould want Physical Liberty.
Jn like manner; he wh.de perceptions of moral obligation are conrrouled by his paflions has loft his Moral Liberty, and the molt common language applied to him is, that he wants Self -government, ■ ■
He
« 5 )
He likewife who, in religion, cannot govern himfelf by his conviclions of religious duty, but is obliged to receive for- mularies of faith, and to pra£f.ife modes of worfhip impofed
upon him by others, wants Religious Liberty. And the
Community alfo that is governed, not by itfeU, but by fome will independent of it, and over which it has no controul wants Civil Liberty.
In all thefe cafes there is a force which {lands oppofed to the agent's own will ; and which, as far as it operates, produces
Servitude. .'n the firlr. cafe, this force is incompatible with
the very idea of voluntary motion ; and the fubject of it is a mere paflive inflrument which never O&s, but is always acled
upon. —In the fecond cafe; this force is the influence of
paffion getting the better of reafon ; or the brute overpowering
and conquering the will of the man. in the third cafe; it
is Human Authority in religion requiring conformity to parti- cular modes of faith and worihip, and fuperfedin? private
judgment. And in the laft cafe, it is any will difrinc-i from
that of the Majority of a Community, which claims a power of making laws for it, and difpoung of its property.
This it is, I think, that marks the limit, or that lays the line between Liberty and Slavery. As far as, in any inftance, the operation of any caufe comes in to reftrain the power of Self- government, fo far flavery is introduced : Nor do I think that a precifer idea than this of Liberty and Slavery can be formed. I cannot help wifning 1 could here fix my reader's attention, and engage him to confider carefully the dignity of that bleHin^- to which we give the name of Lieerty, according to the repre- sentation now made of it. There is not a word in the whole compafs of language which exprefles fo much of what is im- portant and excellent. It is, in every view of it, a bleflino;
truly facred and invaluable. Without Phyfical Liberty, man
would be a machine ailed upon by mechanical fprings, having no principle of motion in himfelf or command over events"} and, therefore, incapable of all merit and demerit.- With- out Moral Liberty he is a wicked and detcftable being, fubje£i to the tyranny of bafe lufts, and rhe fport of every vile appetite, — --And without Religious and Civil Liberty he is a poor and abject animal, without rights, wsthour property, and without a confeience, bending his neck to the yoke, and crouching to the will of every filly creature who has 'the fnfolence to pretend to authority over him. ---Nothing, therefore, can be of fo much
confequence
,. ( 6 )
confequence to us as Liberty. It is the foundation of all ho- nour, and the chief privilege and glory of our natures.
In fixing our ideas on the fubjecl of Liberty it is of particu- lar life to take fuch an enlargeJ view of it as I have now given. But the immediate object of the prefent enquiry being Civil Liberty, I will confine to it all the fubfequent obfervations.
SECT. IT.
Of Civil Liberty and the Principles of Government.
T"p R O M what has been faid, it is obvious, that all civil Jp government, as far as it can be denominated free, is the creature of the people. It originates with them. It is con* iju£ted under their direction; and has in view nothing but :heir happinefs. AH its different forms are no more than fo manv different modes in which they chufe to direct their
affairs, and to fecure the quiet enjoyment of their rights.
In every hee irate every man is his own le^iflator. All taxes
a're (:ee. gifts for public fervices. — All laws are particular pro- v'ilons or regulations eftabSifhed by common" consent for
fining protection and fafety. And all Magijirates are
Truitees or Deputies for carrying thefe regulations in:o execution.
Liberty, therefore, is too imperfectly defined when it is faid co be cv a Government by Laws, and not by Men." If the laws are made by one man, or a junto of men in a (rate, and pftt by common consent, a government by them docs not differ from Slavery. In this cafe it Would be a contradiction in terms to fay that the (rate governs itfelf.
From hence it is obvious that Civil Liberty, in its mod per* fc£t degree, can be enjoyed only in ffitall urates, where every roesribei is 'capable of giviwg his mffrage in perfon, and of being ciio&n into puhlk offices. When a Hate becomes fo numerous, or when the d iff --rent parts of it are removed to fuch diltances from one another, ae to render this impracticable, a diminution or Liberty neeefiattly arifes. Theie are however, in theft tirctim&anceK, methods by which fuch near approaches may b.- made to perfect Liberty as ihall anfwer ail the purpofes of tovernment, and at the fame time fecure every right ot human
feature.
The/
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Tho* all the members of a ftate fhould not be capable of giving their fuffrages on public meafures indr^i dually and per- finally y they may do this by the appointment or Siib/lituies or Representatives. They may entruft the powers of leg illation, fubjecr. to fuch reftrictions as they fhali think neceffarv, with any number of Delegates ; and whatever can be done by fuch delegates, within the limits of their truft, may be ccnfidered 2s
done by the united voice and counfel of the Community.
In this method a free government may be efbblifhcd in a large ftate; and it is conceivable that by regulations of this kind, any number of ftates might be fubjecled to a fcheme of go- vernment, that would exclude the defoliations of war, and produce univerfal peace and order.
Let us think here of what may be practicable in this way
with refpec-t to Europe in particular. While it continues
divided, as it is at prefent, into a great number of independent kingdoms, whofe interefts are continually ciafhing, it is im- poffible but that difputes will often arife wnich muft end in war and carnage. It would be no remedy to this evil to make one of thefe ftates fupreme over the reft; and to give ic an abfolute plenitude of power to fuperintend and controul them. This would be to fubjeft all the ftates to the arbitrary difcretion of one, and to eftablifh an ignominious flavery noc poihble to be long endured, it would, therefore, be a remedy wcrfe than the difeafe; nor is it poflible it mould be approved by any mind that has not loft every idea of Civil Liberty. On the contrary— Let every ftate, with refpeel to all its internal concerns, be continued independent of all the reft ; and let a ge- neral confederacy be formed by the appointment of a Senate coniifting of Representatives from all the different ftates. Let this Senate poflefs the power of managing all the common concerns of the united ftates, and of judging and deciding between them, as a common Arbiter or Umpire, in all difputes ; having, at the fame time, under its direction, the common
force of the ftates to fupport its decifions. In thefe cir-
cumftances, each feparate ftate would be fecure againft the interference of foreign power in its private concerns, and, therefore would poflefs Liberty ; and at the fame time it would be fecure againft all oppreilion and infult from every neighbour- ing ftate.* Thus might the fcattered force and abilities of
a whole continent be gathered into one point; all litigations fettled as they rofe ; univerfal peace preierved ; and nation prevented from any more lifting up a (word agaivfl nation.
I have
C 8 )
. 1 have obferved, that tho', in a great (late, all the "indivi- duals that compofe it cannot he admitted to an immediate participation in the powers of legiflation and government, yet they may participate in thefe powers by a delegation of
them to ,1 body of reprefencatives. In this cafe it is evident
that the ftate will be ftill free or f elf -governed; and that ic will be more or lefs fo in proportion as it is more or lefs fairly and adequately represented* If the perfons to whom the fruit of government is commuted hold their places for fhort terms; if they are chofen by the unbiafted voices of a majoriry of the ftate, and fubjedt to their inliructions ; Liberty will be en- jo. ed in its higheft decree. But if they are chofen for long terms by a part only of the ftate ; and if during that term they are fubjedt to no coniroul from their conftituents ; the very idea of Liberty will be loft, and the power of chufing conftituents becomes nothing but a power, lodged in a few, to chuie at certain periods, a body of Mafiers for themfelves and the reft of the Community. And it a ftate is fo funk that :he body of its reprefematives are ekcled by a handful of the meaneft • perfons in it, whofe votes are always paid for ; and if alio, there is a higher will on which even thefe mock representatives themfelves depend, and that directs their voices ; In thefe circumftances, it will be an abufe of language to fay that the ftate poffeftes Liberty. Private men, indeed, might be allo»vVed the exercife of Liberty ; as they might alfo under the moft despotic government ; but it would be an indulgence or connivance derived from the fpirit of the times, or from an accidental mildnefs in the adminiftration. And, rather than be governed in fuch a manner, it w>u!d perhaps b? better to be governed by the will of one man without any reprefentation : For a reprefentation fo degenerated could anfwer no other end than to miflead and deceive, by difguifing fhvery, and keeping up a form of Liberty when the reality was loft.
Within the limits now mentioned, Liberty may be enjoyed in every poffible degree ; from that which is complete and perfect, to that which is merely nominal ; according as the peop!e have more or lefs of a fhare in government, and of a controuling power ovei the perfons by whom it is adminiftered,
In
* In Great-Britain, confifting of near fix millions of inhabitants, 57*3 Pr- ions, moft of them the !o«cft of the people, eledt one half of the Houfe of Com- mons ; and 3C4 votes chufc a ninth part. This may he fee* diftinftly made out in the Political Dijpijitions, Vol. I. Book *, C. 4 a work (allot important and n&ful jnttru£tion.
( 9 )
In general, to be free is Co be guided by one's own wilf; and to be guided by the will of another is the characleriftic of Servitude. This is particularly applicable to Political Liberty. That ftate, I have obferved, is free, which is guided by its own will; or, (which comes to the fame) by the will of an ailembly of reprefentatives appointed by itfelf and ac- countable to itfelf. And every ftate that is not fo governed ; Or in which a body of men reprefenting the people make not
an eiTential part of the Legiflature, is in jlaverp In order
to form the m'oit perfe£t conftitution of government, there may be the beft reafons for joining to fuch a body of reprefen- tatives, an Hereditary Council^ confiding of men of the fir ft rank, in the ftate, with a Supreme executive Magijlrate at the head of ail. This will form ufeful checks in a legiflature -y and contribute to give it vigour, union, tnd difpatch, with- out infringing liberty : for, as long as that part af a govern- ment which reprefents the people is a fair reprefentation ; and alfo has a negative on all public meafures, together with the fole power of impofing taxes and originating fupplies ; the
eftentials of liberty will be preferved.-- We make it our
boaft in this country, that this is our own conftitution. I will not fay with how much reafon.
Of fuch Liberty as I have now defcribed, it is impoiTible that there fliould be an excels. Government is an inftitution for the benefit of the people governed, which they have power to model as they pleafe ; and to fay, that they can have too much of this power is to fay, that there ought to be a power in the ftate fuperior to that which gives it being, and
from which all jurifdiclion in it is derived. Licentioufnefs,
which has been commonly mentioned, as an extreme of liber- ty, is indeed its oppoiite. It is government by the will of rapacious individuals, in oppofition to the will of the com- munity, made knovvn and declared in the laws. A free ftate, at the fame time that it is free itfelf, makes all its mem- bers free by excluding licentioufnefs, and guarding their perfons and property and good name againft infult. It is the end of all juft government, at the fame time that it fecures the liberty of the public again ft foreign injury, to fecure the liberty of the individual againft private injury. I do not, therefore, think it ftrictly juft to fay, that it* belongs to the nature of government to entrench on private liberty. It ought never to do this, except as far as the exercife of private liberty
J> encroaches
( io )
encroaches on the liberties of others. That is, it is licentioufnefs it reftfains, and liberty itfelf only when ufed to deftroy liberty.
It appears from hence, that licentioufnefs and defpotifm are more nearly allied than is commonly imagined. They are both alike inconfiftent with liberty, and the true end of go- vernment; nor is there any other difference between them, than that the one is the licentioufnefs of great men, and the other the licentioufnefs of little men ; or that, by the one, the perfons and property of a people are fubjeel to outrage and invafion from the king; or a lawlefs body of Grandees ; and that, by the others, they are fubject to the like outrage from
a lawlefs mob.- In avoiding one of thefe evils, mankind
have often run into the other. But all well-conflituterl governments guard equally againfl both. Indeed of the two, 'the Jaft is, on feveral accounts, the leaft to be dreaded, and has done the leaif. mifchief. It may be truly laid, that if licentioufnefs has deftroyed its thoufands, defpotifm has de- ftrcyed its millions. The former, having little power, and no fyftem to fupport it, neceffarily finds its own remedy ; and a people foon get out of the tumult and anarchy attending it. But a defpotifm, wearing the form of government, and being armed with its force, is an evil not to be conquered without dreadful ftruggles. It goes on from age to age, de- bafmg the human faculties, levelling all diltinctions, and
preying on the rights and bleffings of fociety. It deferves
to be added, that in a ftate difturbed by licentioufnefs, there is an animation which is favourable to the human mind, and which puts it upon exerting its powers. But in a ftate habi- tuated to a defpotifm, all is flill and torped. A dark and lavage tyranny ftiflcs every effort of genius ; and the mind lofes all its fpirit and dignity.
Before I proceed to what I have farther in view, I will obferve, that the account now given of the principles of public Liberty, and the nature of an equal and free government, {hews what judgment we fhould form of that omnipotence, which, it has been faid, muft belong to every government as fuch. Great (irefs has been laid on this, but mofl: unreafona-
bly. Government, as has been before obferved, is, in the
very nature of it, a Trust; and all its powers a delega- tion for gaining particular ends. This trtijl may be mis- applied and abufed. It may be employed to defeat the very ends for which it was inftitutcd ; and to fubvert the very
rights
( « )
rights vhich it ought to protecl A Parliament, for
inftance, confiding of a body of" reprefentatives, chofen for a limited period, to make laws, and to grant money for public fervices, would forfeit its authority by making itfelf perpetual, or even prolonging its own duration ; by nominating its own members; by accepting bribes; or fubjec~ting itfelf to any kind of foreign influence. This would convert a Parliament into a conclave cr junto of felf-created tools; and a ftate that has loft its regard to its own rights, fo far as to fubmit to fuch. a breach of truft in its rulers, is enflaved. Nothing, there- fore, can be more abfurd than the dccrrine which fome have taught, with refpe£t to the omnipotence of parliaments. They pofiefs no power beyond the limits of the truft for the executi- on of which they were formed. If they contradict this truft, they betray their conftitucnts, and difiblve themfeives. All
delegated power muft be fubordinate and limited. If
omnipotence can, with any fenfe, be afcribed to a legislature, it muft be lodged where all legislative authority originates ; that is, in the People. For their fakes government is infti- tuted ; and their's is the only real omnipotence.
I am fenfible, that all 1 have been faying would be very abfurd, were the opinions juft which fome have maintained concerning the origin of government. According to thefe opinions, government is not the creature of the people, or the refult of a convention between them and their rulers : But there are' certain men who pofTefs in themfeives, indepen- dently of the will of the people, a right of governing them, which they derive from the Deity. This doclrine has been abundantly refuted by many * excellent writers. It is a doc- trine which avowedly fubverts Civil Liberty; and which reprefents mankind as a body of valTals, formed to defcend like cattle from one fet of owners to another, who have an abfolute dominion over them. It is a wonder, that thofe who view their fpecies in a light fo humiliating, mould ever be able to think of themfeives without regret and fhame. The inten- tion of thefe obfervations is not to oppofe fuch fentiments ; but taking for granted the reafonablenefs of Civil Liberty, to fhew wherein it confifts, and what diftinguifhes it from its
contrary. And in confidering this fubjecl, as it has been
now treated, it is unavoidable to reflect on the excellency of a free government, and its tendency to exalt the nature of
B 2 man.
* See among others Mr. Locke on Government, and Mr. Prieftley's E flay on the firft Principles of Government.
( ** )
man. Every member of a free {late, havingfhis, property
fecure, and knowing himfelf his own governor, polTeiTes a cqnfc.toufnefs of dignity in himlelf, and feels incitements to emulation and improvement, to which the miferabie daves of arbitrary power muic be utter ftrangers. In fuch 2 (late all the fprings of adion have room to operate, and the mind is
Simulated to the nobleft exertions.-}- Hut to be obliged,
from our birth, to look up to a creature no better than our- selves as the mailer of our fortunes ; and to receive his will as
our law What can be more humiliating ? What elevated
ideas can enter a mind in fuch a fituation ? Agreeably to
this remark , the fubjecb of free flates have, in all ages, been, mod: diilinguiihed for genius and knowledge. Liberty is the foil where the arts and fciences have fiourifhed ; and the more free a irate has been, the more have the powers of the human mind been drawn forth into action, and the greater number of brave men has it produced. With what luftre do the an- tient free ftates of Greece mine in the annals of the world I How different is that country now, under the Great Turk ? The difference between a country inhabited by men, and by brutes, is not greater.
Thefe are rerle£iions which mould be conftantly prefent to every mind in this country--— --As Mcra I Liberty is the prime bleiTing of man in his private capacity, fo is Civil Liberty in his public capacity. There is nothing that requires more to be watched than power. There is nothing that ought to be oppofed with a more determined refolution than its encroach- ments. Sleep in a (late, as Montefquicu fays, is always fol- lowed by flavery*
The people of this kingdom were once warmed by fuch fentiments as thole. Many a fycophant of power have they facrshxed. Often have they fought and bled in" the caufe of Liberty. But that time feems to be going. The fair inhe- ritance of Liberty left us by our anceftors many of us are not unwilling to refign. 1 An abandoned venality, the infeparable companion of diffipation and extravagance, has poifoned the fprings of public virtue among us : And fhould any events ever arife that mould render the oppofition necefTary that took place in the times of King Charles the Firft, and James the Second, 1 am afraid all that is valuable to us would be loft. The terror of the Handing army, the danger of the public funds, and the all-corrupting influence of the treafury, would deaden all zeal, and produce ceneral acquiefcencc and fervility.
S E C T. III.
f See Dr. PriefHey on Government, page 68, <5p, &c,
l3
SECT. III.'
Qf the Authority of one Country over another,
FROM the nature and princiles of Civil Liberty, as they have been now explained, it is an immediate and neceflary inference that no one community can have any power over the property or legiflation of another community, that is not incorporated with it by a juft and adequate rcprefentation. — Then only, it has been (hewn, is a ftate freet when it is governed by its own will. But a country that is fubject to the legiflature of another country, in which it has no voice, and over which it has no controul, cannot be faid to be governed by its own will. Such a country therefore, is in a Rate of flavery. And it deferves to be particularly confidered, that fuch a il a very is worfc, on feveral accounts, than any flavery of private men to one another, or cf kingdoms to
defpots within themfelves.« Between one ftate and another,
there is none of that fellow-feeling that takes place between perfons iri private life. Being detached bodies that never fee one another, and refiding perhaps in different quarters of the globe, the ftate that governs cannot be a witnefs to the fufferings occafioned by its cpprefiions ; or a competent judge of the circumftanccs and abilities of the people who are go- verned. They mull: alfo have in a great degree feparate interefts ; and the more the one is loaded, the more the other may be eafed. The infamy likewife of oppreflion, beine in fuch circumftances fhared among a multitude, is not likely to be
much feit or regarded. On all the'fe accounts there is, in
the cafe of one country fubjugated to another, little or nothing to check rapacity ; and the moft flagrant injuftice and cruelty
may be praclifed without remorfe or pit}'.- 1 will add, that
It is particularly -difficult to fnake off a tyranny of this kind. A fingle defpot, if a people are unanimous and refolute, may be jfoon fubdued. But a defpotic ftate is not eafily fubdued ; and a people fubjeft to it cannot emancipate themfelves without entering into a dreadful, and, perhaps, very unequal conteft.
I cannot help obferving farther, that the flavery of a people to internal defpots may be qualified and limited ; but I don't fee what can limit the authority of one ftate over another. The exercife of power in this cafe can have no other meafure than difcretion $ and, therefore, mull be indefinite and abfolute.
Once
( H )
Ones more. It fhould be confidered that the government of one country by another, can only be fupported by a military force; and, without fuch a fupport, muft be deftitute of all wtighi and efficiency,
This will be bed explained by putting the following
cafe. There is, let us fuppofe, in a province fubje& to the
Sovereignty of a diftant ftate, a fubordinate legislature confid- ing of an Aflfembly chofen by the people ; a Council chofen by" that Aflembly ; and a Governor appointed by the Sovereign State, and paid by the Province. There are, likevvife, judges and other officers, appointed and paid in the fame manner, for adminiilering jijVice agreeably to the laws, by the verdi&s
of juries fairly and indiscriminately chofen. i his forms a
conftkutiori feemingly free, by giving the people a fbare in their own government, and feme check on their rulers. But, while there ts a highet legiflative power, to the controul of which fuch a conllitution is fubjedt, it does not itfelf poffefs Liberty, and therefore, cannot be of any ufe as a fecuriiy to Liberty ; nor is it pofnble' that it fhould be of long duration. Laws offentive to the Province will be enacted by the Sovereign State. The legi- slature of the province will remonstrate againfl therh. The ma- gistrates will not execute them. Juries will not com/id upon them ; and confequently, like the Pope's Bulls which once go- verned Europe, they will become nothing but forms and empty founds, to which no regard will be (hewn. In order to re- medy this evil, and to give efficiency to its government, the iupreme irate will naturally be led to withdraw the Governor^ the Council, and the Judges* from the controul o^ the Province,
by * The independency of the Judges we efleem in this country one of our greeted nrivileees -—Before the revolution they generally, I believe*, held their places yur :n ; plcafurt King William gave them their places during good behaviour, V - the aceeffion of the prefent Royal Family their places were given ihem during tiodbehavidur, in eprtfequence of the Aft of Settlement, n Jk 13 W. III. c. z. Yhit-nophwoa having been entertained By fcme.that though their com in iffiores were made under the Act of Settlement to continue, during good behaviour, vrt ihiVthev determined on the demife of the Crown ; it was enacled by a fh- l^ made in the firft year of bis prefent Majefty, Chap z3. - That the " Commits of judges for the time being foal! be, continue, and remain m « full force during their good behaviour, notwithstanding the demife or Ins «< Miettv or of any of his Heirs and Succefibrs;" with a provifo, " that it « mav be lawful for his Majefty, his Heirs and Succcfiors, to remove any Judge « unon the addrefs of both iWes of Parliament." And by the fame Statute 1 i' Hi irics -re fecured to them during the continuance of their commiiTions : ti • Mn^Jlv according to the preamble of the Statute, having been pieafed to dicd-ni iron /the Throne to both Houfes of Parliament, » Thar he looked up- « on the. Independency and uprightnefs of Judges, as eflential to ^""Parti- ..aladfniniftrationof JulHc:, as one ot the hcit iecuntics to the Rights and « Liberties of his loving Subject, and as molt conducive to the hmonr of his "Crown." Awoit.iy
( iS )
by making them entirely dependant on itfelf for their pay and continuance in office, as well as for their appointment. It will alfo alter the mode of chufing Juries on purpofe to bring them more under its influence : And in fome cafes, under the pre- tence of the impofiibiHty of gaining an impartial trial where government is rehfted, it will perhaps ordain, that offenders ihall be removed from the Province to be tried within its own territories: And it may tven go fo far rn this kind of policy, as to endeavour to prevent the effects oi" difcontents, by forbidding all meetings and alTociations of the people, except at fuch times, and for fuch particular purposes, as fhall be permitted them.
Thus will fuch a Province be exactly in the fame ftate *hat Britain would be in, were our nrtt executive Magiflrate, oir Houfe of Lords, and our Judges, nothing but the inftruments* of a foreign democraticah power ; were our Juries nominated by that power; or were we liable to be tranfported to a diftant country to be tried for oxences committed here; and retrained from calling any meetings, ccnfulting about any grievances, or ailbciating for anv purpofes, except when leave fhould be given us by a Lord Lieutenant or Viceroy.
It is certain that this is a ilate of oppiefiion which no country could endure, and to which, it would be vain to expert, that any people fhould fubmit an hour without an armed force to compel them.
The late tran factions in Majfachufetts Bay are a perfect, ex- emplification of what I have now faid. The government of Great Britain in that Province has gone on exactly in the train I have defcribed ; till at laft it became necellary to ftation troops there, not amenable to the civil power ; and all termi- nated in a government by the Sv/ord. And fuch, if a people are not funic below the character of men, will be the iilue of all governments in fimilar circum&ances.
It may be afked c< Are there not caufes by which one
c< ftate may acquire a rightful authority over another, though
" not Gomfclidated by an adequate Representation ?" -I
anfvver that there are no fuch caufes.- All the caufes to
which fuch an effect can be afcribed are Conquest, Com- pact, or Obligations conferred.
Much
A worthy friend and able Lawyer has ftipplied me with this note, It affords, when c^ntrafced with that dvpendence of the Judges which has been thought reafonabJe in America, a fad fpeeiu.cn of the different manner in which a king? <&om may think proper to govern iffeif, and the provinces fubjetf: tq it.
( Itf )
Much has been faid of the right of conqueft ; and biftory contains little mere than accounts of kingdoms reduced by it under the dominion of other kingdom*, and of the havock it has made among mankind. But the authority derived from hence, being founded on violence, is never rightful. The Roman Republic was nothing but a faction again It the general liberties of the world ; and had no more right to give law to the Provinces iubject to it, than thieves have to the pro- perty they feizf, or to the houfes into which they break.
Even in the cafe of a juif. war undertaken by one people to defend ftfelf againfl the oppreflions of another people, conquetf gives only a right to an indemnification for the injury which occaiioned the war, and a rcalbnable fecurity agajrift future injury.
"Neither can any flate acquire fuch an authority over other /rates in virtue of any compacts or ccjjions. This is a cafe in which compacts are not binding. Civil Liberty is, in this refpeel, on the fame footing with Religious Liberty. As no people can lawfully furrender their Religious Liberty, by giving up their right of judging for themfelves in religion, or by allowing any human beings to prefcribe to them what faith they (hall embrace, or what mode of worfhip they {hall prailife ; fo neither can any civil focieties lawfully furrender their Civil Liberty, by giving up to any extraneous jurifdiclion their power of legislating for themfelves and difpofmg their property. Such a ceffion, being inconfiitent with the un- alienable rights of human nature, would either not bind at all ; or bind only the individuals who made it. This is a blcfling which no one generation of men can give up for another; and which, when loll, a people have always a right
to relume. Had our anceftors in this country been fo mad
as to have fubje&ed themfelves to any foreign Community, we could not have been under any obligation to continue in fuch a ilate. And all the nations now in the world who, in confequence oi" the tarnenefs and folly of their predecefibrs, are fubject to arbitrary power, have a right to emancipate themfelves as foon as they can.
Vi neither conquejl nor compact can give fuch an authority, much lefs can any favours received, or any Cervices performed
by one ilate for another. Let the 'favour received be
what it will, Liberty is too dear a price for it. A (rate that has been obliged is not, therefore, bound to be enjlsved. It
oueht.
( 17 )
ought, if poSfible, to make an adequate return for the ferviccs done to it ; but to fuppofe that it ought to give up the power of governing itfelf, and the difpofal of its property, would be to fuppofe, that, in order to fhew its gratitude, it ought to part with the power of ever afterwards exercifing gratitude. — How much has been done by this kingdom for Hanover? But no one will fay that on this account, we have a right to make the laws of Hanover ; or even to draw a iingle penny from it without its own confent.
After what has been faid it will, I am afraid, be trifling o apply the preceding arguments to the cafe of different crm- munities, which are considered as different parts of the nme Empire. But there are reafons which render it neceffary lor me to be explicit in making this application.
What I mean here is juft to point out the difference of fitu- ation between communities forming an Empire, and particu- lar bodies or claffes of men forming different parts of a King- dom. Different communities forming an Empire have no con- nexions, which produce a neceffary reciprocation of inrerefts between them. They inhabit different diitricts, and are go- verned by d+fferent legislatures.-- -On the contrary. The dif- ferent claffes of men within a kingdom are all placed on the fame ground. Their concerns and intereSts are the lame ; and what is done to one part muft affecl all — Thefe are Situa- tions totally different; and a constitution of government that may be confident with Liberty in one of them, may be entire- ly inconfiftent with it in the other. It is, however, certain that, even in the laft of thefe fituations, no one part ought to govern the reft. In order to a fair and equal government, there ought to be a fair and equal reprefentation of all that are governed ; and as far as this is wanting in any government, it deviates from the principles of Liberty, anJ becomes unjuffc
and oppreSIive.- But in the circumftances of different c< m-
munities, all this* holds with unfpeakably more force. The government of a part in this cafe becomes complete tyranny ; and fubjec~tion to it becomes complete Slavery. -
But ought there not, it is afked, to exift fomewhere in art Empire a fupreme legislative authority over the whole ; or a power to controul and bind all the different States of which
it confifts. This enquiry has been already anfwered. The
truth is, that fuch a fupreme commuting power ought to exiSfc no-where except in fuch a Senate or body of delegates as that defcribed in page 7 -> and that the authority or fupremacy
C of
( i3 )
of even this Senate ought to be limited to the common concerns
of the Empire. 1 think I have proved that the fundamental
principles of Liberty, neceiTarily require this.
In a word. An Empire is a collection of ftates or commu- nities united by fome common bond or tye. If thefe ftates have each of them free conftitutions of government, and, with refpect to taxation and internal legifiation, are independent of the other ftates, but united by compacts or alliances, or fub- je£bon to a Great Council, representing the whole, or to one monarch entrufted with the fuprcme executive power : In thefe circumftances, the Empire will be an Empire of Freemen.
If, on the contrary, like the different provinces iubje£f. to
the Grand Seignior, none of the ftates poffefs any independent legiflative authority 3 but are all fubjeel: to an abfolute mo- narch, whofe will is their law ; then is the Empire an Empire
of Slaves. If one of the ftates is free, but governs by its
will all the other ftates ; then is the Empire, like that of the Romans in the times of the republic, an Empire confifting of One ftate free, and the reft in flavery : Nor does it make any more difference in this cafe, that the governing ftate is itfelf free, than it does in the cafe of a kingdom fubjecl: to a defpet, that this defpot is himfelf free. I have before obferved, that this only makes the fiavery worfe. There is, in the one cafe, a chance, that in the quick fucceftion of defpots, a good one will fometimes arife. But bodies of men continue the fame ; and have generally proved the moft unrelenting of all tyrants. A great writer before * quoted, obferves of the Ro?nan Empire, that while Liberty was at the center, tyranny pre- vailed in the diftant provinces ; that fuch as were free under it were extremely fo, while thofe who were flaves groaned under the extremity of flavery; and that the fame events that dejl royed the liberty of the former, gave liberty to the latter.
The liberty of the Romans, therefore, was only an additional calamity to the provinces governed by them ; and though it might have been faid of the citizens of Rc?ne, that they were the " freeft members of any civil fociety in the known world ;*' yet of the Cubjcfis of Rome, it mud have been faid, that they were
the completed flaves in the known world. How remarkable
is it, that this very people, once the freeft of mankind, but at the fame time the moft proud and tyrannical, Should become at laft the moft contemptible and abject flaves that ever exifted ?
PART
* Monteftjuieu's Spirit of J-aws, Vol; I5 Book 11, C. xik.
( *9 ) PART II.
IN the foregoing difquifitions, I have, from one leading prin- ciple, deduced a number of confequences, that feerri to me incapable of being difputed. I have meant that they mould be applied to the great queftion between this kingdom and the Colonies which has occalioned the prefent war with them.
It is impofiible, but my readers muft have been all along making this application ; and if they ftill think, that the claims ©f this kingdom are reconcileable to the principles of true liberty and legitimate government, I am afraid, that nothing I fhall farther^ fay will have any effect GO their judgments. I wifh, however, they would have the patience and candour to go with me, and grant me a hearing fome time longer.
Though clearly decided in my own judgment on this fubjecr, I am inclined to make great allowances for the different judg- ments of others. We have been fo ufed to fpeak of the Colo- nies as our Colonies, and to think of them as in a ftate of fub- ordination to us, and as holding their exiftence in America only for our ufe, that it is no wonder the prejudices of many are alarmed, when they find a different doclrine maintained. The meaneft perfon amongft us is difpofed to look upon himfrlf as having a body of fubjecis in America ; and to be offended at the denial of his right to make laws for them, though perhaps he does not know what colour they are of, or what language they talk.— Such are the natural prejudices of this country.- But the time is coming, I hope, when the unreafonablenefs of them will be feen ; and more juft fentiments prevail.
Before i proceed, I beg it may be attended to, that I have chofen to try this queftion by the general principles of Civil Liberty ; and not by the practice of former times j or by the
Charters granted the colonies. The arguments/or them,
drawn from thefe lafl topics, appear to me greatly to outweigh, the arguments again/} them. But I wifh to have this queftiori brought to a higher teft, and furer iffue. The queftion with all liberal enquirers ought to be, not what jurisdiction over them Precedents, Statutes, and Charters give, but what reafon and
equity, and the rights of humanity give. This is, in truth,
a queition which no kingdom has ever before had occafion to agitate. The cafe of a free country branching itfelf out in the
G 2 manner
( 2° )
manner Britain has done, and fending to a diftant world colo- nies which have there, from fmall beginnings, and under free legiflatures of their own, increafed, and formed a body of pow- erful irates, likely foon to become fuperior to the parent ftate. —-This is a cafe which is new in the hiftory of mankind ; and it is extremely improper to judge of it by the rules of any nar- row and partial policy ; or to confider it on any other ground
than the general one of reafon and juftice. Thofe who
will be candid enough to judge on this ground, and who can diveft tfiemfelves of national prejudice?, will not, I fancy, re- main long unfatisfied. But alas ! Matters are gone too for.
The difpute probably mult be fettled another way ; and the fword alone, I am afraid, is now to determine what the rights
of Biitain and America are. Shocking fituation !---Detefted
be the meafures which have brought us into it: And, if we are endeavouring to enforce injuftice, curled will be the war.
A retreat, however, k not yet impracticable. The duty
we owe our gracious fovereign obliges us to rely on his dif- p fitibn to ftay the fword, and to promote the happinefs of all the different parts of the Empire at the head of which he is placed. With fome hopes, therefore, that it may not be too late to reafon on this fubjecl, I will, in the following Sections, enquire what the war with America is in the following refpecls.
1. In refpect of Juftice.
2. The Principles of the Conftitution.
3. In refped of Policy and Humanity.
4. The Honour of the kingdom.
And laftly, The Probability of fucceeding in It.
SECTION I.
Of the Jujlice of the War with America.
THE enquiry, whether the war with the Colonies is zjuji war, will be beft determined by dating the power over them, which it is the end of the war to maintain : And this cannot be better done, than in the words of an ac~t of parlia- ment, made on purpofe to define it. That adt, it is well known, declares, " That this kingdom has power, and of " riffht ought to have power to make laws and (ratutes to bind «« the Colonies, and people of America^ in all cafes • whatever/'
— Dreadful
( 21 )
-—Dreadful power indeed ! I defy anyone to exprefs flavery in ftronger language. It is the fame as declaring " that we have
" a right to do with them what we pleafe." 1 will not vvatfe
my time by applying to filch a claim any of the preceding ar- guments. If my reader does not feel more in this cafe, than, words can exprefs, all reifoning muft be vain.
But, probably, mod perfons will be for uilng milder lan- guage; and for faying no more than, that the united legisla- tures of England and Scotland have of right power to tax the
Colonies, and a fupremacy of legislation over America.
But this comes to the fame. If it means any thing, it means, that the property, and the legislations of the Colonies, are fub- jecl: to the abfolute discretion of Great Britain^ and ought of right to be fo. The nature of the thing admits of no limita- tion. The Colonies can never be admitted to be judges, how far the authority over them in thefe cafes Shall extend.
This would be to deftroy it entirely. If any part of their
property is fubjec~t to our difcretion, the whole muft be fo. If we have a right to interfere at all in their internal legislations,
we have a right to interfere as far as we thinlc proper. It
is felf-evident, that this leaves them nothing they can call
their cvjn. And what is it that can give to any people fuch
a fupremacy over another people ? 1 have already exami- ned the principal anfwers which have been given to this enquiry. But it will not be amifs in this place to go over fome of them again.
It has been urged, that fuch a right mull: be lodged fome- where, " in order to pieferve the Unity of the Britiih Empire."
Pleas of this fort have, in all ages, been ufed to juftify
tyranny. 7'hey have in Religion given rife to num-
berlefs oppreffive claims, and flaviSh Hierarchies. And in the Romi/h Cotnmunion particularly, it is well known, that the Pope claims the title and powers of the fupreme head on earth of the Christian church, in order to preferve its Unity.
With refpeft to the Britifi) E?npire^ nothing can be more
prepofterous than to endeavour to maintain its unity, by Setting up fuch a method of eftablifhing unity, which, like the fimilar method in religion, can produce nothing but mifchief.
The truth is, that a common relation to one fupreme
executive head ; an exchange of kind offices ; tyes of intereft and affection, and compact^ are fufficient to give the Britifh
Empire
( ** )
Empire all the unity th»2t is neceflary. But if not — If,
inj order to pieferve its Unity, one half of it muft be en- flaved to the other half, let it, in the name of God, want Unity.
Much has been faid of " the Superiority of the Britifh State." But what gives us our fuperion'ty ?---Is it ourlFeallh ?— This never corners real dignity. On the contrary : Its effect is
always to debafe, intoxicate, and corrupt. Is it the ?iumbers
of our people? The colonies will foon be equal to us in num- ber. h it our Knoivl edge -And Virtu?? They are probably
equally knowing, and more virtuous. There are names among them that will not ftoop to any names among the philosophers and politicians of this ifland.
44 But we are the Parent State." — Thefe are tjie magic
words which have fafcinated and mifleu us. The Englifh
came from Germany. Does that give the German ftates a right to tax us ? — Children, having no property, and being incapable of guiding thcmfelvcs, the author of nature has committed the care of them to their parents, and fubjected • them to their abfolute authority. But there is a period when, having acquired property, and a capacity of judging for them- felvef* they become independent agents; and when, for this region, the authority of their parents ceafes, and becomes nothing but the refpeel and influence due to benefactors. Sup- pofing, therefore, that the order of nature in eftabiiiliing the relation between parents and children, ought to have been the rule of our conduct to the Colonies, we fhould have been gra- dually relaxing our authority as they grew up. But like mad parents, we have done the contrary ; and, at the very time when our authority fhould have been moft relaxed, we have carried it to the greateft extent, and exercifed it with the greater! rigour. No wonder then, that they have turned upon us ; and obliged us to remember that they are not children.
il But we have, it is faid, protected them, and run deeply in " debt on their account. "—-The full anfwer to this has been already given, (p. 16, 17.) Will any one fay, that all we have dene for them has net been more on our vwn account*, than on
theirs ?
f This is particularly true of the bounties granted on tame American commodities (as pitch, tar, indigo, &C.f) when imported into Britain ; for it is well known, that the end of granting them was, to get thofc commodities cheaper from the Colonics and in rfctHrn For cur manufactures, which we ufed to get from Rujfitt •:id other f >rci And this is e>:pre(lcd in the -preamble of the laws
which
( 23 )
j/Wrj?— But fuppofe the contrary. Have they done nothing for us ? Have they made no compenfations for the protection they have received ? Have they not helped us to pay our taxes, to fupport our poor, and to bear the burthen of our debts, by taking from us, au our own price, all the commodities with which we can fupply them ? — Have they not, for our advan- tage, fubmitted to many restraints in acquiring property ? Muft they likewife refign to us the diipofal of that property ? Has not their exclufive trade with us been for many years one
of the chief fources of our national wealth and power ?— >
In all our wars have they not fought by our fide, and contri- buted much to our fuccefs ? In the laft war, particularly, it is well known, that they ran themfelves deeply in debt ; and that the paTiament thought it neceffary to grant them ^onfiderable fums annually as compenfations for going beyond h_ir abilities in aflifting us. And in this courfe would they have continued
for many future years ; perhaps, for ever. In fhort, were
an accurate account Hated, it is by no means certain which fide would appear to be mofr indebted. When allied asfree- men, they have hitherto feldom difcovered anv reluctance in giving. But, in obedience to a demand, and with the bayonet at thier breaih, they will give us nothing but blood.
It is farther faid* " that the land on which thev fettled was
" ours." — : But how came it to be ours ? If failing alon&j a
coaft can give a right to a country, then might the people of 'Japan become, as foon as they pleafe, the proprietors of Britain. Nothing can be more chimerical than property founded on fuch a reafon. If the land on which the Colonies firft fettled had any proprietors, they we;e the natives. The greateft part of it they bought of the natives. They have iince cleared and cultivated it ; and, without any help from us, converted a wildernefs into fruitful end pleafant fields. It is, therefore, now on a double account t'fcir property ; and no power on earth cart have any right to d'.fturb them in the pofTefiion of it, or to take from them, without their confent, any part of its produce.
i But
which grant thefe bounties. See the Appeal to the JufKce, Sec. page ai third edition It is, therefore, ftrange that Docler Tucker and others, 'fhou'd have infifted fo much upon thefe bounties as favours and indulgences to the Co- lonies. But it is ftill more ftrange, that the fame repiefentation fhculd have
been made of the compenfations granted them for doing more during the lafc war in aflifting us than could have been reafenably expecled ; and alio of the fums we have fpent in maintaining troops among them -without their confer.t j
and in oppofition to their vvifhes. See a Pamphter. entitled " The rights of
Great Britain ailerted again ft the claims of America,"
( H )
But let it be granted, that, the land was ours. Did they not fettle upon it under the faith of charters, which promifed them the eiijoyment of all the rights of Englijhmen ; and allowed them to tax themfelves, and to be governed by legislatures of their own, iimilar to ours ? Thefe charter were given them by an authoricy, which at the time was thought competent; and they have been rendered facrcd by an acquiescence on our part for more than a century. Can it be wondered at, that the Colonies fhould revolt, when they found their charters violated ; and an attempt made to force innovations upon
them by famine and the fword ?■ But I lay no ftrefs on
charters. They derive their rights from a higher fource. It is inconfiftent with common fenfe to imagine, that any people would ever think of fettling in a diftant country, on any fuch condition, as that the people from whom they with- drew, fhould for ever be makers of their property, and have power to fubji& them to any modes of government they pleafed. And had there been exprefs itipulations to this purpofe in all, the charters of the colonies, they would, in my opinion, be no more bound by them, than if it had been Stipulated with them, that they fhould go naked, or expofe themfelves to the incur- tions of wolves and tigers.
The 'defective (late of the reprefentation of this kingdom has been farther pleaded to prove our right to tax America. We fubmit to a parliament that does not reprefent us, and
therefoie they ought. How ftrange an argument is this?
It is faying we want liberty; and therefore, they ought to want it.— ---Suppofe it true, that they are indeed contending for a better conftitution of government, and more liberty
than we enjoy. Ought this to make us angry ? Who is
there that does not fee the danger to which this country is expofed ? Is it generous, becaufe we are in a fink, to en- deavour to draw them into it? Ought we not rather to wifli earnestly, that there may at leait be one free country left upon earth, to which we may fly, when venality, luxury, and vice have compleated the ruin of liberty here ?
It is, however, by no means true, that America has no more right to be exempted from taxation by the Britijh parliament,
than Britain itfelf. Here, all freeholders, and burgefles in
borough0, are reprcfented. There, not one Freeholder, or any- other perfon, is reprelented. Here, the aids granted by
the reprefented part of the kingdom muft be proportionably
paid
C H )
paid by therafelves; and the laws they make for others, they a^ the fame time make for' themfches. There, the aids they would grant would not be paid, but received, by themfelves ; and the Jaws ihey made would be made for others only.' ■ In (hort. The relation of one country to another country, whofe repre- fentatives have the power of taxing it (and of appropriating the money raifed by the taxes) is much the fame v/ith the relation of a country to a Tingle defpot, or a body of defpots, within itfelf, invefted v/ith the like power, in both cafes, the people taxed and thofe who, tax have feparate interefts ; nor can there be any thing to check oppreflion,. befides either the abilities of the people taxed, or the humanity of the taxers.—* But indeed I can never hope to convince that perfon of any thing, who does not fee an effential difference * between the two cafes, now mentioned ; or between the circumftances of individuals, and clafles of men ; making parts of a community imperfectly reprefented in the legiflature that reprefents it ; and the circumftances of a whole community, in a diftant world, not at all reprefented. *
But enough has been faid by others on this point ; nor is it poflible for me to throw any new light upon it. To finifli, therefore, what I meant to offer under this head, I muft beg that the following confiderations may be particularly attended to. j The queftion now between us and the Colonies is, Whe«* ther in refpect of taxation and internal legiflation, they arc bound to be fubjeft to the jurifdiclion of this kingdom : Or, in other words, Whether the Britijh Parliament has or has not af right, a 'power to difpofe of their property, and to model as it pleafes, their governments ? — To this fupremacy over then., we fay, we are entitled ; and in order to maintain it, we have begun the prefent war. — Let me here enquire,
jft. Whether, if we have now this fupremacy, we fhall not be equally entitled to it in any future time?— They are now but little fhort of half our number.. To this number they have grown, from a fmall body of original fettlers, by
P a very
* It gives me pteafure to find, that the author of the Remarks on the principal A3s of the 13 /A Parliament of Great -Britain > &c. acknowledge* this difference.—— It has, however, been at the fame time mortifying to me to find fo abls a writer adopting fuch principles of government, as are contained in this work. According to him, a people have n» property or rights, except fuch as their civil governors are pleafed not to take from them. Taxes, therefore, he alferts, are in no fenfe the lifts, much left the free gifts pf the people. See p. 58 & 191,
a very rapid increafe. The probability is, that they will go on toencreafej and that, in 50 or 60 years, they will be double our number ; * and form a mighty empire, confifting of a va- riety of ftaies, all equal or fuperior to ourfelves in all the arts and accomplifhments which give dignity and happinefs to hu- man life. In that period, wi!l they be ftill bound to acknow- ledge that fupremacy o/er them which we now claim ? Can there be any perfon who will afiert this ; or whofe mind does not revolt at the idea of a vaft Continent, holding all that is valuable to it, at the difcretion of a handful of people on the other fide the Atlantic? — But if, at that period, this wouli be unreafonable, what makes it otherwise nowt-*- Draw the line, if you can.-— But there is ftill a greater difficulty.
Britain is now, 1 will fuppofc, the feat of liberty and virtue, «nd its legiflature confifts of a body of able and independent jnen, who govern with wifdom and juftice. The time may come when all will be reverted: When its excellent conflitu- tion of government will befubverted : When, prefledby debts and taxes, it will be greedy to draw to itfelf an increafe of revenue from every diftant province, in order to eafe its own burthens : When the influence of the Crown, ftrerigthened by luxury and an univerfal profligacy of manners, will have tainted every heart, broken down every fence of liberty, and rendered us a nation of tame and contented vafFals : When a general EUftien will be nothing but a general Auclion of Bo- roughs : And when the Parliament, the Grand Council of the nation, and once the faithful guardian of the ftate, and a terror to evil minifters, will be degenerated into a body of Sy- cophantSy dependent and venal, always ready to confirm any meafures ; and little more than a public couVt for regiftering royal edicts,— —Such, it is po'flible, may, fome time or other,
be the ftate of Great-Briism. *What will, at that period*
be the duty of the Colonies ? Will they be frill bound to un- conditional fubmiflion \ Mull they always Continue an appen- dage to our government, and follow it implicitly through every change that can happen to it ?— Wretched condition, indeed,
of millions of freemen as good as ourfelves. Will you
fay that we now govern equitably ; and that there is no dan- ger of any fuch revolution ? 'Would to God this were
Wnc,_-But will you not always fay the fame f Who fhall
judge * S»e ©bftrvatioAs on Revcirfi«iary Payments,^. »o7» &c«
( »7 )
judge whether we govern equitably or not ?— rr-Can you give the Colonies any fecurity that fuch a period will never come ? Once more,
If we have indeed that power which we claim over the le- giflations, and internal rights of the Colonies, may we not, whenever we pleafe, fubjecl them to the arbitrary power of the Crown ?- — ^1 do not mean that this would be a difad- vantageous change: For I have before obferved, that if a people are to be fubjecl to an external power over which they have no command, it is better that power /hould be lodged in $he hands of one man than of a multitude. But many pcrfons think otherwife; and Aich ought to confider that, if this would be a calamity, the condition of the Colonies muft be deplorable — " A government by Kiag, Lords, and Commons, (it has been faid) is the perfection of government ;" and fo ic is, when the Commons are a juft reprefentation of the people; and when alfo, it is not extended to any diftant people, or communities, not reprefented. But if this is the bift9 a go- vernment by a King only rauft be the tver/r; and every claim implying a right to eftablifli fuch a government among any people muft be unjuft and cruel." It is felf-evident, that by claiming a right to alter the conftitutions of the Colonies, according to our difcretion, we cjaim this power: And it is a power that we have thought fit to exercife in one of our Colo- nies; and that we have attempted to exercife in another.
Canada, according to the late extention of its limits, is a country alraoft as large as half Europe, and ic may poflibly come in time to be filled with Britifh fubjecls. The Quebec ad makes the King of Great- Britain a defpot over all that coun- ty. In the province of Majfacbufetts-Bay the fame thing
has been attempted and begun. '
The a# for better regulating their government patted at the fame time with the Quebec a£t, gives the King the right of appointing, and removing at his pleafure, the members of one part of the legislature; alters the mode of chufing juries, on purpofe to bring it more under the influence of the King ; and takes away from the province the power of calling any meet- ings of the people without the King's confent. * The
Judges, likewife, have been made dependent on the King for
their nomination and pay, and continuance in office.- If
all this is no more than we have a right to do j may we not go on
D 2 t#
t See page 15,
( *« )
to aboMfb the Houfc of Representative?, to >lfiuo'j all trials by Juries, and to give up the province abfolutely and totally to
the will of the King ? May we not even eftablifh Popery Lh
the province, as has been lately dene in Canada, leaving the fupport of Protefiantifm to the King's difcretion r — Can there be any Englishman who, were it his own cafe, would not fooner loofe his heart's blood than yield to claims fo pregnant with evils, and deftrucYtve to every thing that can diftinguifh a Freeman from a Slave ?
I will take this opportunity to add, that what I have now faid fuggefts a consideration that demonftrates, on how dif- ferent a footing the Colonies are with refpe£t to our govern- ment, from particular bodies of men tvithin the kingdom, who happen not to be reprefented. Here, it is impofiible that the represented part fhould fubje£fc the unreprefented part to ar- bitrary power, without including thernfelves. But in the Co- lonies it is not impoflible. We know that it has been done.
S EC T. II.
Whether the JVar w&i America is jujlified by ike Principles of the'ConJlitiitibn.
\ HAVE propofed in the next place, to examine the war J^ with the Colonies by the principles of the Conftitution. — I know, that it is common to fay that we are now maintaining the Conftitution in America. If this means that we are endea- vouring to eftablifli our own Conftitution of government there, it is by no means true ; ncr, were it true, would it be right. They have chartered governments of their own with which they are pleafed ; and which, if any power on earth may change without their confent, that power may likewife, if it thinks
proper, deliver them over to the Grand Seignior. Suppofe
the Colonies of France and Spain had, by compacts, enjoyed for near 'a century and a half, free governments open to all the world, and under which they had grown and flourished ; •what fhould we think of thofe kingdoms, were they to at- tempt to deftroy their governments, and to force upon them their own mode of government ? Should we not applaud any
zeal
( 29
zeal they discovered in repelling fuch an injury ?- Rut the
truth \s, in the prefent inftafice, that we are not maintaining }r>ut violating our own Ccnfiitution in America. The cfience of our Conititution confins in its independency. There is in this cafe no difference between fubietlion aad Gnv.ihilaihn . — Did, therefore, the. Colonies pofTefs governments perfectly the fame with ours, the attempt to fubje£fc them to ours would be an attempt to ruin them. A free government loofes its na- ture from the moment it becomes liable to be commanded or altered by any fuperior power.
But 1 intended hcje principally to make t&e following ab- jervation. The fundamental principle of cur government is., " The right of a people to give and grant their own money." — It is of no confequence, in this cafe, whether we enjoy this right in a proper raanner or not* Moir. cepainiy vv£ do not. jt is, however, the principle on which our government, as at free government, is founded. The fpir.it. or the Confritut'ien "&ives it us ; and however imperfectly enjoyed, we glory in ic is our flrft and greateft blefTm^. It was an attempt to encroach upon this right, in a trifling inftance, that produced a civil war in the re;gn of Charles. the iirfl. — Ought rot our brethren fh America to enjoy this right as well as ourfelves ? Do th< principles of the Conftitution give it us, but deny it to them J Or can we, with any decency, pretend that when we give to the King their money, we give him cur ewh f* — What differ- ence does it make, that in the time otCharrUs the Firj'l the at- tempt to take away this rig&t was mr.ee by one man \ but that,, in {he cafe of jmerlyz* it is made by a body of men ?
In a word. This is a war undertaken not oniy agairil thfi principles of our own Conftitu-Jon, but en purpofe to defiroy other fimilar Constitutions in America ; 2nd to fubftitutc m their room a military force. See page 14, 1 c — It is, therefore, 3 grofs and iL-gran: violation of the ConiHtutionS
E C T.
* Tbe author cf Taxgthz no Tyrapry will iir.rfcubtaHjr slfert fhk
without beiiratior, toY j»/ pu^e 69 j.J^n.i ;:<<•.; t'Ui pr*?«rt! Gtustion Pfith refpect to the CoUries to t: at of tie im-urr' Scjttumt, wio upon returning Jrom a war, found thtwjihxa jiat Cut "oj tt.iir cvl% houses by tbeir s l a_v e s .
( so )
SECT. W.
Of the Policy of the War with America.
IN writing the prefent fection, 1 have entered upon a fubje& of the hft importance, on which much has been faid by other writers with great force, and in the ableft manner. * But f am not willing to omit any topic which I think of great importance,, meerly becaufe it has already been difcufled: And,, with refpett to this in particular, it will, i believe, be found that fome of the obfervations on which I fhafl infift, fcave not been fufficiently attended to.
The object of this war has been often enough declared to be ** maintaining the fupremacy of this country over the Colonies/' I have already enquired how far reafon and juftice, the princi- ples of Liberty, and the rights of humanity, entitle us to this tfupremacy. Setting afide, therefore, now, all confederations oi this kind, 1 wouJd obferve, that this fupr-emacy i is to be maintained,, either meerly for its own fakey or for the fake of fome public intereft conneded with it and dependent upon it. —If for its own fake, the only object of the war is the exten- fion of dominion ; ana* its only motive js the luft of power. — • All government, even- within a ftate, becomes tyrannical, as far as it is a needlefs and wanton exercife of power ; or is car- lied farther than is abfolutely necefFary to preferve the peace and fecure the fafety of the ftate. This is what an excellent writer calls governing too much ; and its effects muft always be, weakening government by rendering it contempt- ible and odious. — Nothing can be of more importance, in governing diitant provinces and adjufting the clafhing interefts of different focieties, than attention to this remark. In thefe cireumftances; it is particularly necefTary to make afparing uh ©f power. — Happy would it have been for Gr rat-Britain, had this been remembered by thofe who have lately conducted its ftftairs. But our poUcy has been of another kind. At a period when our policy fhouM have been mod concealed, it has been brought moft in view ^ and, by a progrefliori of vio- lent meafures, every one of which has increafed diftreft, we (fcsve given the world reafon to conclude, that we arc acquainted
gfitb nu oiher method of goveining than by feres- What a
mocking
;* See particularly, A Speech intended to have been fpoken on the
rr-y tor altering the Clvrter of the Colony of MafVachufetti- Ray ;— «
Phe Coniidcrations on the meafures carrying on with refpeft to the Britifly
(Colonies j and the two Appeals ^o the jtvitice ?.nd Irtercft* or the People.
( 5« )
Shocking mifiake! — If our objett is power, we laould ha** known better how to ufe it ; and our rulers fhould have con- fidered, that freemen will always revolt at the fight of a naked fword ; and that the complicated affairs of a great kingdom, holding in fubordination to it i. multitude of <hitant communi- ties, all jealous of their rights, and warmed with fpirits as high as our own, require not only the moft fkilful, but the ttioft cautious and tender management. The confequences of a different management we are now feeling. We lee ourielv.es driven among rocks, and in danger of being loft.
There are the following leafons which feem to make it too probable, that the prefent coiiteft with America is a conteii for power only, % abftraaed from all the advantages connected with it.
ift. There is a love of power for its own fake inherent in human nature ; and it cannot be uncharitable to fuppofe that the nation in general, and the cabinet in particular, are too likely to be influenced by it. What can be more flattering than to look acrofs the Atlantic^ and to fee in the boundlels Continent of America ificreafing millions, whom we have a tight to order as we pleafe, who hold their property at «our<dtf- pofal, and who have no other law than our will. With what complacency have We been ufed to talk of them a-s our fub- je£ts?-^-Is it not the interruption they now give to this plea- fure ? Is it not the opposition they make to our pride, and not an injury they have done us, that is the fecret fpring of our prefent animofity againft them : — I wifh all in this kingdoEa would examine themfelves carefully on this point. Perhaps,,' fchey might find, that they have not known what fprrit they are of. — Perhaps, they would become fenfible, that it was a fpirit of domination more than a regard to the tree intereft»o£ this country, that lately led fo many of them, with fuch favage folly, to addrefs the throne for the fiaughter of their brethren jn Jfmefica, if they will not fubmk to them ; and to make of- fers of their lives and fortunes for that purpofe. Indeed i am perfuaded, that, were pride and the luft of dominion extermi- nated from every heart among us, and the humility of Chriftians infufed in theii room, this quarrel would be foon ended.
idly. Another
% I have heard it faid by a perfoa in one of the firft departments of tht ftate, that the present conteft if for som'inios oa the fidt of the. Colonies, as well as on our* : Aad Co it is, indeed, but with this <?£-, ftntial difference — We are itruggiing for dormuion over others. T&p tfre ftrujfglin^ for sflf danainion : Tiie ntfbieft of aft bte&ugf.--
( 32 )
9 idiy. ArrotJier reafon for believing that. this :is a contefl fas- power only is, that our Minifters have frequently declare^ that their object i* not to draw a revenue from. America ; and that many of thofe who are warmed for continuing it> repre- sent the American trade as of no great confequencc
Bat what deferves particular consideration here is, that this is a conceit from which no advantage can pofiibly be derived. Not a revenue : For the Provinces of America, when defo- lated,- v/ill afford no revenue; or if they (liould, the expence of lubdurflg them and keeping them in- fubjecTlon, will much,
exceed jbat revenue. *Not any.cf the advantages of trade :
For it is a folly, yexc to infinity,- to think trade can be pro-, moted by irnpoverifhing our cuttomers, arid fixing in their rrjinds an everla&ing abhorrence of us.' -It remains, there -, fore, that this war can have.no other object than the extenfion
of power. — Miferable refledlion ! -To fheathe our fwords*
In the bowels of our brethren, and fpread mifery and ruin. among a happy people, for no other end than ,to oblige them to acknowledge our fupremacy. How horrid !. .This is the curfed ambition that led a Cafiir and ap Alexander^ and many other mad conquerors, to attack peaceful communities, and to lay waite the earth, ,, ■
But a vvorfe principle than even this influences fome among, us. Pride and the love of dominion are principles hateful enough ; but blind xefentment and the defire of revenge are infernal principles y and thefe, I am afraid, have no fmali fliare at prefenc in guiding our public conduct. One cannot help indeed being aftonifhed at the virulence with which fomc
/peak on the prefent occaiion again!! the Colonies. For,
what have they done? Have they crofTed the ocean and inva- ded us ? Have they attempted to take from us the fruitsof our labour, and to overturn that form of -government which we hold (o facred. This cannot be pretended. On the con- trary. This is what we have done to them.— We have tranf- ported ourfelves to their peaceful retreat%; and employed our fleets and atmies to flop up their ports, to deftroy. their com- merce, to feize their effects and to burn their towns. Would ve but let them alone, and fuffer them to enjoy in fecurity their property and governments, inftead of difturbing ust they would thank and blefs us. And yet it is we who ima- gine ourfelves ill ufed. The truth is, we expected to find
them a cowardly rabble, who would lie quietly at our feet,
and
C 33 )
and they have difappointeel us. They have rifen in their own defence, and repelled force by force. They deny the pleni- tude of our power over them ; and infill on being treated as
free communities. » It is this that has provoked us ; and
kindled our governors into rage.
I hope I ihall not be here underftood to intimate, that all who promote this war are actuated by thefe principles. Some, I doubt not, are influenced by no other principle, than a re- gard to what they think the juft authority of this country over its Colonies, and to the unity and indivifibility of the Britifh Empire. I wifh fuch could be engaged to enter thoroughly into the enquiry, which has been the fubjeft of the firil part of this pamphlet; and to confider, particularly, how different a thing maintaiaing the authority of government within a ftate is from mainlining the authority of one people over another, already happy in the enjoyment of a government of their own. 1 wilh farther they would confider, that the deiire of maintaining authority is warrantable, only as far as it is the means of promoting fome end, and doing fome good ; and that, before we refolve to fpread famine and hre through a country in order to make it acknowledge our authority, we ought to be allured that great advantages will arife not onlv to ourfelves
but to the country we wifh to conquer. That from the
prefent conteft no advantage to ourfelves can arife, has been already fbewn, and will prefently be (hewn more at large. — That no advantage to the Colonies can arife from it, need not, I hope, be fhewn. It has however been aliened* that even their good is intended by this war. Many of us are perfuaded^ that they will be much happier under our government, than under any government of their own ; and that their liberties will be fafer when held for them by us, than when trulfed in their own hands.— — -How kind is it thus to take upon us the trouble of judging for them what is moft for their happinefs ? Nothing can be kinder exce'pt the refolution we have formed to exterminate them, if they will not fubmit to our judgment. — — What ttrange language have I fometimes heard ? By an armed force we are now endeavouring to deftroy the laws and governments of America; and yet 1 have heard it faid, that we are endeavouring to fupport law and government there. We are infilling upon our right to levy contributions upon them ; and to maintain this right, we are bringing upon them fill the miferies a people can endure; and yet it is afierted, that we mean nothing but their fecurity and happinefs.
£ Bat
( 34 )
But I have wandered a little from the point T intended prin- cipally to in lift upon in t< is fedli. n. which is, " the folly, in " refpecf. of oohcv, of the meafures which have brougnt on ** this contcft ; and its pernicious and fata! tendency."
7>ie following obfervauons will, I beiieve, abundantly prove this.
i/t. There are points which are. likely always to fufTer by difcuiTion. Of this k:nd are mo-t points of authority and pre- rogative j and the belt, polic, is to avoid, as much as poffible, giving an occafion for calling them into queition.
The Colonies were at the beginning of this reign in the habit of acknowledging our authority, and of allowing us as much power over them as our in ereft required ; and m >re, in fume initances, than ve could re.jfonably ciaim. This habit they would have retained ; and h*d we, initead of impofing new burdens upon them, and incieaiing their reftra nts, itudicd to promote their commerce, and to grant them new indulgen- ce s, they would have been always growing more attached to us. Luxury, and, together with it, their dependance upon us, and our influence || in their aflemblies, would have increased, ti in time perhaps they would become as corrupt as ou f Kes; and we might have fucceeded to our wifhes in eilabiiih ng ou« authority over them - -But, happily for them, we have chofen a different courfe. B> exertions of authority which have alarmed them, they have been put upon examining into the grounds of all our claims, and forced to give up their luxuries, and to feek all their refources within themf Ives : And the ilTue is lively to prove the lofs of all our authority over them, and of all the advantages connected *ith it. So little do men in power fometimes know how to pieferve power; and fo remarkably does the defire of extending do- minion fometimes deftrov it.- Mankind are naturally dif-
pofed to continue in fubje&ion to that mode of government, be it /hat it will, under which the have been born and edu- cated. Nothing roufes them into reiiitance but grofs abufes, or fome particular opprelTions out of the road to which they have been ufed. And he who will examine the hiftory of the world will find, there has generally been more reafon for com- plaining that they have been too patient, than that they have been turbulent and rebellious.
Our
|1 This his '^een our policy with refpeft to the people of Ireland ; and the cor)f> queme is, that we now its taeir Parliament as obedient as we can with.
f 35 )
Our governors, ever fince I can remember, have been jealous that the Colonies, iomc time or otnei, would throw off their dependence. Thio jealoufy was not founded on any of their acts or declarations. They have al vays, while ar peace with us, difcliinicd any fuch dciign ; and thty have continued to difclaim it fince they have been at war with us 1 have reafon, indeed, to believe, that independency is, even at this morwenr, generally dreaded ariong tnem as a calamity to which they are in danger of being driven, in order to avoid a
greater. Tne jealoufy I have mentioned was, however,
natural ; and betrayed a fecret opinion, that the fubjection m which they were held was more than ve could expect them always to enduie. In fuch circumtance?, all poilible care fhouid have been talcen to give them no reafon for difconcent ; and to prefer ve them in fubjeciion, by keepmg in tnat l.ne of conduct to which cuftom had reconciled them, or at leati never deviating from it, except with great caution ; and particularly, by avoiding all direct attacks 09 tneir property and legislations. Had we done th's, the different interests of io many ftates fostered over a valt continent joine/1 to our own prudence and'moderation, woulJ have enabled us to maintain them in
dependence, for ages to come. But infiead of this, how
feave sve acted ? it is in truth too evident, that our whole
conduct, in (lead of being directed by that found policy and forefight which in fuch circumstances wereabio!utel\ neceiTa.-y, has been nothing (to fay the beft of it) but a feiies of the blindeft rigour followed by letractation ; of violence followed by conceifun , or mitajce, vveaknefsand ineonliitency.--— — A recital of a few facts, within every body's recollection, will fully prove this.
In the 6th of George the Second \ an act was paiTed for impo- fing certain duties on all foreign fpirits, molaffes and fugars imporred into the plantations, in this act, the duties impofed are fa d to be given and granted by the Pailiament to the King : and this is the firlt American act in which thefe words have been ufed. But notwichilanding this, as the act had the appearance of being only a regulation of trade, the Colonies fubmitted to it ; and a fmall direel revenue was.drawn
by it from them. -In the 4th Gf the prefent reign, many
alterations were made in this a£t, with the declared purpofe .of making provifion for raifing a revenue in America. Tnis alarmed tne Colonies j and produced difcontents and remon-
E 2 (trances^
( sO
Frances, which might have convinced our rulers that this was tender jr.iumi, on -vhich it became them to tread very gently,
• There is, however, no reafon to doubt but in time they
would have funk into a quiet fubmiilion to this revenue a<Sr% as being at worit only the exercife or" a power which then they feem not to have thought much of contefting j I mean,
the power of taxing them externally. But before they
had time to cool, a worie provocation was given them j and the Stamp- Act was paiTed. This being an attempt to tax them internally ; and a direct attack on their property, by a power which w^uld not /ufftr itfelf to be qutftioned ; which eafed itfelf "by loading them ; and to which it was lm- poilible to fix any bounds -, they were thrown at on< e, from one end o! the continent to the other, into reiiftance and rage. 'Government, d eading theconfequences, gave way ; and th, i ai iam- nt (upon a change of miniitry) repealed the Stamp- Aft, without requiring from them any recognition of its authority, or dom^ any more to preierve its dignity, than ailerting by the declaratory law, that it was pofleiTed of full power and authority to make lavs to bind them in all cafes
whatever. -Upon this, pe^ce was reitored ; and, had no
farther attempts of the fame kind been made, they would un- doubtedly have fuffered us (as the people of Ireland have done) to enjoy our declaratory law. They would have recovered their former habits of fubjedtion ; and our connexion with them might have continued an increafing lburceofour wealth
and gl;rv. :3ut the fpirit of defpotifm and avarice, always
blind and reftlefs, loon broke forth again. The fcheme for drawing a revenue from America^ by parliamentary taxation, was refurrued j and in a little more than a year after the repeal of the Stamp 4&, when all was peace, a third a£i was paiTcd, impofing duties payable in America on tea, paper, glafs, pain- ters colours, &c— — This, as might have been expected, re- vived all the former heats ; and the Empire vvas a fecond time threatened with the moft dangerous commotions. — Govern- ment receded again ; and the Parliament (under another change of miniitry) repealed all the obnoxious duties, except that upon tea. This exception was made in order to main- tain a ihew of dignity. But it was, in reality, facrificing fafety to pride ; and leaving a fplinter in the wound to pro- duce a gangrene. For fome time, however, this relaxation
anfwered its intended purpofes. Our commercial intercourfe
with
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with the Colonies was again recovered ; and they avoided fiothing but that tea which we had excepted in our repeal. In this ftate would things hxwt remained, and even tea would perhaps in time have been gradually admitted, had not the evil genius of Britain ftepped forth once more to embroil the Empire.
The Eajl-lndia company having fallen under difficulties, partly in confequence of the lofs of the American market for tea, a fcheme was formed for aflifting them by an attempt to recover that market. With this view an aci was paffed to enable them to export their tea to America free of ail duties here, and fubjecl only to 3d. per pound duty, payable in America. By this expedient they were enabled to offer it at a low price ; and it was expected the confequence would prove that the Colonies would be tempted by it ; a precedent gained for taxing them, and at the fame time the company relieved. Ships were, therefore, fitted out ; and large cargoes lent. The fnare was too grofs to efcape the notice of the Colonies. They faw it, and fpumed at it. They refufed to admit the tea -9 and at Boston fome perlons in difguife buried it in the fea.— Had our governors in this cafe fatisfied themfelves wkh requiring a compenfatfon from the province for the damage done, there is no doubt but it would havebeen granted. Or had they proceeded no farther in the infliction 0! punifh- ment, than (topping up the port and deftroying the trade cf Bofton, till compenfation was made, the province might poffibly have fubmitted, and a fufficient laving wouid have been gained for the honour of the nation. But having hi- therto proceeded without wifd«m, they obferved now no bounds in their refentment. To the Bofton port biil was added a bill which deitroyed the chartered government of the province ; a bill which withdrew from the jurifdiciion of the province, perfons who in particular cafes fhould commit mur- der ; and the Quebec bill. . At the fame time a ilrong body of troops were itationed .at Bofton to enforce obedience to thofe bills.
* All who knew any thing of the temper of the Colonies faw that the efTectofall fudden accumulation of vengeance, would probably be not intimidating but exafperating them, and driving them into a general revolt. But our minztiers had different apprehennons. They believed that the maleccntenu in the cotany of Majjachujttf * v.ere a final! party, headed by
a * See the Appendix.
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a few factious men ; that the majority of the people would take the fide of government, as ioon as thev law a force among them capable of fupporting tnem ; that, at uorlr, the Colonies in general would never make a common caufe with this province ; and thar, the liTae would prove, in a few
months, order, tranquility and fubmiflio.i. Every one of
thefe apprehenfions was fal'fified by the event that followed.
When the bills 1 have mentioned came to be carried into execution, the whole Province was thrown into confufion. Their courts of jufrice were fhut up, and all government was diiTolvel. The commander in chief found it neceflary to fortify himftlf in Boston ; and the other Colonirs immedi- ately refolved to m;jke a common caufe with this Colony.
So ftrangely mifinformed were our minifters, that this was all a furprize upon them. They took fright, therefore; and once more made' an effort to retreat; but indeed the mo.ft ungracious one that can well be imagined. A propofal was fen t to the Colonies, called conciliatory ; and the fubftance of which was, that if any of them would raife fuch fums as fhould be demanded of them bv taxing themfelves, the Par- liament would forbear to tax them It will be fcarcejy
believed, hereafter, that fuch a propofal could be thought conciliatory. It was only telling them ; " it you will tax *c yourfelves by our order, we will fave ourfelves the trou-
" ble of taxing you." -They received the propofal as an
infult ; and rejected it with difdain.
At the time this conceffion was tranfmitted to America^ ©pen hoiliJities were not berjun. In the fword our mmitlers thought they frill had a refource which would immediately fettle all clifputes. They confldered the people of New- E tig- land as nothing but a mob, who would be foon routed and •forced into obedience. It was even believed, that a few thoufands of our army might march through all America, and inake all quiet where-evcr thev went. Under this conviclion our minifters did not dread urging the Province of Majfacbu- [etts-Bay into rebellion, by ordering the army to feixe their
ft ores, and to take up fome of their leading men. 1 he
attempt was made. The people immediately fled to arms,
and repelled the attack. A considerable part ot the flower
oftheBritifn army has been deftroyed. Some of our beft
Generals, and the braveft. of our tror ps, are now djfgracefully
mod miferably imprifoned at Bo/ton. A horrid civil war is
tommmced ; — and the Empire is d-iitrac~ted and convulfed.
Can
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Can it be pofiible to think with patience of the policy that has brought us into thefe circumftances ? Did ever Heaven punifh the vices of a people more feverely by darkening their counfels ? How great would be our hdppinefs could we now recal former times, and return to the policy of the lafi reign3? But thfefe times are gone. — ! will, however beg leave for a few moments to lo< k back to them ; and to compare the ground we have left wi.h mat on which we find ourfelves. This muft be done with deep regret ; but it forms a neceflary part of my prefent Jehgn.
In thofe times our Colonies, foregoing every advantage which they might derive from trading with foreign nations^ confemed to f;nd onl/ to us whatever it was for our intercil: to receive from them i and to receive only from us whatever it was for our interell to fend to them. They gave up'the power of making furnptuary laws, and expofed themfelves to all the evils of an increafing and wafteful luxury, became we were benefitted by vending anions the n the materials of it. The iron with which Piovi'ence had bleiled their country, they were required by la as, in h hich they acquielced, to tranfport hither, that our p- ople might be maim: ii* d by working it for them into nails, ploughs, axes, &c. And, in feveral ir.Oances* even one Colony was not allowed to (apply anv neighbouring Colonies with commodities which could be conveyed to them from hence. — But they yielded much farther. They con fen ted that we fhould have the appointment of one branch of their legiflaiure. By recognizing as their King, a King refident among us and under our influence, the. gave us a negative oa all their laws. By allowing an appeal to u^ in their civil dis- putes, they gave us <li Ice wife the ultimate determination of ail civil caufes among them. — in fliort. Trey allowed us every power we could defire, except that of taxing them, and inter- fering in their internal legislations : And they had admitted precedents, which,' even in thefe inftances, gave us no incon* liderable authority over them. By purchaLng our goods they paid our taxes : and, by allowing us to regulate their trade in any manner we thought molt tor our advantage, they enriched our merchants, and helped us to bear our growing burdens- They fought our battles with us. They gloried in their re- lation to us. All their gaino centered among us ; and they always fpoke of this country and looked to it as their home.
Such
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Such wax the ftate of things. What is it now ?
Not contented with a degree of power, fufficient to fatisfy any reafonable ambition, we have attempted to extend it. Not contented with drawing from them a large revenue itt- direclly, we have endeavoured to procure one direftly by art authoritative feizure; and, in order to gain a pepper-corn in this wav, have chofen to hazard millions, acquired br the
peaceable imercourfe of trade. Vile policy ! What a
fcourge js government fo conducted 1 'Had we never de-
ferted our old ground : Had we nourished and favoured Ame- rica, with a view to commerce, inftead of confidering it as a country to be governed: Had we, like a liberal and wife people, rejoiced to fee a multitude of free States, branch- ed forth from ourfelves, all enjoying independent legif- latures fimilar to our own : Had we aimed at binding them to us only by the ties of affeclion and intereft, and contented ourfelves with a moderate power rendered durable by being lenient aud friendly, an umpire in their differences, an aid to them in improving their own free governments, and their common bulwark againft theaflaults of foreign enemies : Had this, 1 fay, been our policy and temper ; there is nothing fo great or happy that we might not have expe&ed. With their increafe our ftrength would have increafed. A growing fur- plus in the re/enue might have been gained, which, invari- ably applied to the gradual difcharge of the national debt, would have delivered us from the ruin with which it threa- tens us. The Liberty of America might have preferved our Liberty; and under the direction of a patriot King or wife Minitteij proved the means of reftoring to us our alraoft loft Conftitution. Perhaps, in time, we might alfo have been brought to fee the neceffity of carefully watching and refract- ing our paper-credit : And thus we might have regained fafety j and, in union with our Colonies, have been more than a match for every enemy, and rifen to a fituation of honor and
dignity never before known amongfr. mankind.- But I am
forgetting myfelf. — Our Colonies arelikely to be loll: for ever. Their love is turned into hatred, and their refpecl: for our go- vernment into refentment and abhorrence. — — We mall fee more dilHnclly what a calamity this is, and the obfervations I have now made will be confirmed* by attending to the fol- lowing facts.
Our
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Our American Colonics, particularly the Northern one§, have been for fome time in the very happieft ftate of fociety ; or, in that middle (late of civilization, between its nrft rude and its laft refined and corrupt ftate. Old countries confilf, generally, of three clafles of people; a Gentry, a Yoe- manr.y, and a Peasantry. The Colonies confift only of a body of Yoemanry * fupported by agriculture, and all independent, and nearly upon a level; in confequence of which, joined to a boundlefs extent of country, the means of fubfiftence are procured without difficulty, and the tempta- tions to wickenefs arefoinconfiderable, that executions f are feldom known among them. From hence arifes an encou- ragement to population fo great, that in fonie of the Colonies they double their own number in fifteen years ; in others, in eighteen years; and in all, taken one with another, in twen- ty'rive years. Such an increafe was, I believe, never be- fore known. It demonftrates that they mull live at their eafe; and be free from thofe cares, oppreffions, and difeafc* which depopulate and ravage luxurious ftates.
With the population of the Colonies has increafed their trade, tut much fafter on account of the gradual introduction of
luxury among them. In 1723 the exports to Pennfylvam*
were i6,ocol. — In 1742 they were 75,2951. — In 1757 they were increafed to 268,4261. — And in 1773 to half a million.
The exports of all the Colonies in 1744 were 640,1 14].— w In 1758, they were increafed to 1,832,948!. and in 1773, to three millions. § And the probability is, that, had it not beea for the difcontents among; the Colonies fine's the year 1764, our trade with them would have been this year double to what it was in 1773 ; and that in a few years more it would not have been poffible for the whole kingdom, though co»fiit.ing only of manufacturers, to (upply the American demand.
F This
* Excepting the Negroes in the Southern Colonies, who probably wilt
sow either foon become extinct, or have their condition changed ints
that of Freemen. It is not the fault of the Colonies th it they hav*
among rhem fo many of thofe unhappy people. They have m ide law* to prohibit the importation of them ; but thefe laws have always bad a negative put upon them here becaufe of their tendency to hurt our Negro trade.
f In the province of Maflachufetts-Bay there has not been, I am informed, more than one execution thefe 1 3 years.
§ Mr. Burke (in his excellent and admirable Spep-h on m win* his resolutions for conciliation with theColon'es, p. 9, &c.) has ih-: t\ that oar trade to the Colonies, including that to Africa and the #^.<r- laJies, was in 1771 ntnriy equal to the trade wkirh we carried on jvitk tfae whole vfarid at the begiunlsjj »f this cent wry.
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7 his trade, it mould be confidered, was riot only thus an increafing trade; but it was a trade in which we had no ri- vals; a trade certain, conftant, and uninterrupted; and which, by the {hipping employed in it, and the naval (lores fupplied by it, contributed greatly to the fupport of that navy
which is our chief national ftrength. -Viewed in thcfe
light's it was an object unfpeakably important. But it will appear ftdl more fo if we view it in its connexions and depen- dencies. It is well known, that our trade with Africa and the Weft- Indies cannot eafily fubfift without it. And, upon the whole, it is undeniable, that it has been one of the ma iff fprings of our opulence and fplendour;" and that we have, in a great meafure, been indebted 'to it for our ability to bear a debt fo much heavier, than that which, fifty years ago, the wiled men thought would fink us.
This ineftimable prize, and all the advantages connected with America, we arc now throwing away. Experience alone can {hew what calamities muft follow. It will indeed be afton idling if this kingdom can bear fuch a' lofs without dreadful confequences.- — — Thefe confequences have been amply reprefented by others ; and it is needlefs to enter into
any account of them -At the time we {hall be feeling them
■ -The Empire difmembered ; the blood of thpufands fhed
in an unrighteous quarrel ; our ftrength exhauftec! ; our Mer- chants breaking ; our manufacturers ftarving; our debts in- creafing; the revenue finking; the funds tottering; and all the miferies of a public bankruptcy impending. — —At fuch a crifes fliould our natural enemies, eager for our ruin, feize the
opportunity -The apprehenfion is too diftreffing. -Let
us view this fubjecl: in another light.
On this occafion, particular attention mould be given to the prefent singular fituatiori of this kingdom. T hit it a circumftance of the utmoft importance ; and as I am afraid it is not much confidered, I will beg leave to give a dillincl: ac- count of it.
At the Revolution the fpecie of the Kingdom amounted, according to * Davenant's account, to eighteen millions and a
half. From the Accession to the year 1772 there were
coined at the mint, near 29 millions of gold; and in ten' years only of this time, or from January 1759 to January
1769 if S?e Dr. Divenant's Works, colle&erl and r«vifed by Sir Charkt Whiiwoith, V*l. I. P-ig« 363, fee. 4.4.J, fcC.
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I.769, there were coined eight millions and a half.* But It has appeared lately, that the gold fpecie new \ch in the king- dom is no more than about twelve millions and a half. *J*
Not fo much as half a million of Silver fpecie has been coined theie fixty years ; and it cannot be fuppofed, that the quantity of it now in circulation exceeds two or three millions. The whole fpecie of the kingdom', therefore, is probably at this time about f fourteen or fifteen millions. -Of this feveral millions
muft be hoarded at the hank. .Our circulating fpecie^
therefore., appears to be greatly decreafed. But our\vea!th, or the quantity of money in the kingdom, is greatly increafed. This is paper to a vafl: amount, iftued in almoft every corner of the kingdom ; and, particularly, by the Bank of England. While this paper maintains it* creo'it it anfwers all the pur- pofes of fpecie, and is in all refp'r&s the fame with money.
Specie reprefents fome red value in goods or commodities. On the contrary ; paper reprefi nts immediately nothing but fpecie. It is a promife or obligation, which the emitter brings himfelf under to pay a given (urn in coin ; and it owes its cur- rency to the credit oi the emitter ; or to an opinion that he is able to make good his engagement ; and that the fum fpecificd may be received upon being demanded. — Paper, therefore, re- prefents coin; and coin reprefents real Value. T-nat is,thcone is zfign of wealth. The other is thefign of that 'fig v. — But farther. Coin is an uni*uerjal figri of wealth, and will procure it tvery where. It will bear any alarm, and ftand any fhock. — On the contrary. Paper, owing its currency to opinion, has only a local and imaginary value, it can ftand no ihock. It isdeftro\ecj by the approach of danger ; 0/ even the fufpicion of danger.
In fhort. Coin is the bafis of our paper credit j and were it either all deftroyed, or were onlv the quantity of it reduced beyond a certain limit, the paper circulation of the kingdom wouM fink at once. B^ut, wer" our paper deftroyed, the coin would not only remain, but rife in value, in proportion to the quantity of paper deftroyed.
From this account it follows, ihat a? far as, in any circum- llances, fpecie is not to be procured in exchange for paper, it reprefents nothing, and is worth nothing. — The fpecie of this- kingdom is incdnfiderab!ea com pared with the amount of the}'
F 2 papef
* See Confederations on Money, Bullicn, &c, pn?e r and if. f Or nearly the fame that it was in CrcmtL-iJVi tisie. See Dr. Daveneat's works* Vcl. I. P*ge y% $.
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paper circulating in it. This is generally believed ; and, there* fore, it is natural to enquire how its currency is fupported. — . The anfwer is eafy. It is fupported in the fame manner with all other bubbles. Were all to demand fpecie in exchange for tkeir notes, payment could not be made ; but, at the fame time that this is known, every one trufts, that no alarm producing fueh a demand will happen, while he holds tne paper he is pof- fefTed of; and that if it mould happen, he will ftand a chance for being firft paid; and this makes him eafy. And it alfo makes all with whom he traffics eafy.-— But let any events happen which threaten danger ; and every one will become dimdent. A run will take piace, and a bankruptcy follow.
This is an account of- what has often happened in private credit. And it is alfo an account of what will (if no change of meafures takes place) happen fome time or other in public credit. The defcription I have given of cur paper-circulation implies, that nothingcan be more delicate or hazardous. It is an immenfe fabrick, with its head in the clouds, that is con- tinually trembling with every adverfe blaft and every fluctua- tion of trade; and which,1 like the bafelefs fabrick of a vifion, may in a moment vanifh, and leave no wreck behind. — The definition of a few books at the Bank ; an improvement in the art of forgery ; the landing of a body of French troops on our coafb ; infurreclions threatning a revolution in govern- ment ; or any events that mould produce a general panic, however groundlefs,- would at once annihilate it, and leave us without any other medium of tra£Ec, than a quantity of fpecie fcarcely equal in amount to the money now drawn from the public by the taxes. It would, therefore, become impoflible to pay the taxes. The revenue would fail. Near one hun- dred and forty millions of property would be deftroyed. The whole frame of government would fall to pieces ; and a ftate ©f nature would. take place. — What a dreadful fituation ! it has never had a parallel among mankind ; except at one time in France after the eihbliihment of the Royal Mijjifippi Bank.' In 1 720 this Bank broke ;* and, after involving for fome time the whole kingdom in a golden dreamy fpread through it in ♦>ne day, defolation and ruin. — The diftrefs attending iuch an event/in this free country, would be greater than it was in France. Happily for that kingdom, they have (hot this gulph. Paper-credit has never fince recovered itfelt there ; and their
circulating * See Sir James Steuart's Enquiry into the Priciples of political 4>oc«-aemy, Vol. II. Book 4. Cfcap. yx.
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Circulating ca(h confifts now all of folid cain, amounting, I am informed, to no lefs a fum than fifteen hundied millions ©f Livres-y or near fixty-fe/en millions of pounds iferling. — This gives them unfpeakable advantages; and, joined to that quick reduction of their debts which is inseparable * from their nature, places them on a ground of fafety which we have rea- fon to admire and envy,
Thefe are fubjects on which I fhould have chofen to be {i- Jent, did I not think it neceiTary that this country fliould be apprized and warned of the danger which threatens it. This danger is created chiefly by the national debt. High taxes are neceiTary to fupport a great public debt; and a large fupplyof cafh is neceflary to fupport high taxes. This cafh we owe to our paper; and, in proportion to our paper, muft be the pro-
dudtivenefs of our taxes. King William's wars drained the
Jcingdom of its fpecie ; this funk the revenue, and diitreffed government. In 1694 the Bank was eftablifhed ; and the kingdom was provided with a fubftitute for fpecie. The taxei became again productive. The revenue rofe ; and government
was relieved. Ever fince that period our paper and taxes
have been encreafing together, and fupporting cr.e another ; and one reafen, undoubtedly, of the late increafe in the pro- duclivenefs of our taxes has been the increafe of our paper.
Was there no public debt, there would be no cccafion for half the prefent taxes. Our paper circulation might be reduced. The balance of trade would turn in our favour. Specie wouid flow in upon us. The quantity of property deuroyed by x failure of paper-credit (fhould it in fueh circumftances happen) would he 140 millions lefs; and, therefore, the fhock attend- ing it would be tolerable. But, in the prefent ft ate or" ihingp, whenever any calamity or panic (hall produce fueh a failure, the fhock attending it will be intolerable. — May Heaven foon raife up for us fome great ftatefman who {hall fee thefo things; and enter into effectual meafures, if not now too late, for extricating -and preferving us. Public
* Their debts conhft chit-fly of money railed by aEnairies os livre, (hoi t annuities, anticipations c-f Uxes icr fh©M ;. ~i»os, Sec D'.'np* the **ncle laft war they added to their perpetual annuities or.ty 12 millions, iterling, according to Sir James Steuarfs recount -> wiitreas we acidrd to theie annuities near 60 millions. Irt confequence therefore ol the nature of their debts, as welj as of the msur'r-genienr they are now vC.ng for haftening the reduction of them, they muft in a few years, if pea. « continues, be freed from moft of their incumbrances ; while w<* pio- h?bl« (it no evert t c<-mes foon that v»iil unkttrthea &* *t c-jicc) i**ii fentinus with th; n- ail upon as.
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Public Banks are3 undoubtedly, attended with great conve- niences. But they alio do great harm; and if their emiffions are not reftrained and conducted with great wifdom, they may prove the moft pernicious of all inftitutions ; not only, by i 'ubftituting fictitious for real wealth ; by increafing luxury y by raifing the prices of provifions; by concealing an unfavor- able balance of trade; and by rendering a kingdom incapable ©f bearing any internal tumults or external attacks, without, the danger of a dreadful convulfion : But, particularly, by becoming inftruments in the hands of minifters of ftate to in- creafe their influence, to lefien their dependence on the peo- ple, and to keep up a delufive fhew of public profperity when, perhaps, ruin may be near. There is, in truth, nothing; that a government may not do with fuch a mine at its com- mand as a public Bank, while it can maintain its credit; nor, therefore, is there any thing more likely to be improperly and dangerously ufed„— But to return to what may be more applicable to our ftate at prefent.
Among the caufes that may produce a fail ure'of paper-credit, there are two which the prefent quarrel with America calls upon tis particularly to confider.-*— The firfr. is, " An unfavourable " balance of trade." This, in proportion to the degree in which it takes place, muft turn the courfe of foreign exchange againftus; raife the price of bullion ; and carry off our fpecie. The danger to which this would expofe us is obvious; and it has been much increafed by the new coinage of the gold fpecie which begun in 1772. Before this coinage, the greatefl part of our gold coin being light, but the fame fri currency, as if It had been heavy, always'remained in the kingdom. But, being now full weight, whenever a wrong balance of foreign trade alters the courfe of exchange, and gold in coin becomes oflefs ?alue than in bullion 9 there is reafon to fear, that it will be melted down in fuch great quantities, and exported fo fafr, as in a little time to leave none behind jf the confequence of
which * Mr. Lowndes, in the difpute between him and Mr. Locke, con- tended for a rsducYion of the ftandard ftlver. One of his reafons was, that it would render the filver coin more commenfurate to the wants of
the nation ; and check hazardous paper-credit. Mr. Con-
nuiT, Sir Isaac Newton's fucceffor in the mint, has propofed, in clirecl contradiction to the laws now in being, that all the bullion im- ported into the kingdom mould be carried into the mint to be coined ; and only coin allowed to be exported. " The height," he fays, M of " paper- credit is the ftrongeft argument for trying this? and e<very other
method
( 47 )
which mull prove, that the whole fuperftru£ture of paper-credit, now fupported by. it, will break down. — The only remedy, in fuch circumftances, is an increafe of coinage at the mint. But this will operate too flowly ; and by raifing the price of bullion,' will only increafe the evil. — It is the Bank that at fuck a time mult be the immediate furierer : For it is from thence that thofe who want coin for any purpofe will always draw it.
For many years before 1772, the price of gold in bullion had been, from 2 to 3 or 4 per cent, higher than in fin. This was a temptation to melt down and export the coin, which could not be reiiftcd. Hence arofc a demand for it on the Bank ; and, confequently, the neceffity of purchaiing bullion at a lofs for a new coinage. But the more coin the Bank procured in this. way, the lower its price became in comparifon with that of bullion, and the fafter it vanifhed ; and, confequently, the more rieceflary it became to coin again, and the greater lofs fell upon
the Bank. Had things continued much longer in this train,
the confequences might have proved very ferious. I am by no means ful?iciently informed to be able to affign the caufes which produced the change that happened in 1772. But, with- out doubt, the ftate of things that took place before that year muft be expecled to return. The flu&uatioas of trade, in its. belt ftate, render this unavoidable. £ut the conteft with ©ur Colonies has a tendency to bring it on foon, and to encrcafe un- fpeakably the cW^refs attending it.
All know that the balance of trade uith them is greatly in our favour ; f and that this balance is paid partly by direct remit- tances of bullion ; and partly by circuitous remittances through Spain, Portugal, Italy, &c. which diminish the balance againiV us with thefe countries. — ^-During the Uil year they have been
employed'
*i method that is likely to increafe the coinage. For whilft psper-cre-^ " ditdoes in a great mealure the bufinefs of money at home, Merchants. *c and Bankers are not under a neceiHty, as they were formerly, of " coining a quantity of fpecie for their home trade j'and as paper-cre-, '! dit brings money to the. Merchants to be exported, the money may, " go away infenfibly, and not ee hissed till it be too late •/ t( And where paper-credit is large and increafing, if the money be ex-, n parted and the coinage decieafe, that credit may sink at once ".for want of a proportionable quantity of Specify which alone can. •* fupport it in a time of diftrefs." See Mr. Condiut'% Obfertations om the ftate of our Gold and Silver Coios in 1730, page 36 to 46.
■f According to the accounts of the exports to, and imports from the N^rth-American Colonies, hid before Pari i.i men r ; the balance ir our, favour appears to have been, for 1 1 years b«fs>re 1774, Htar a million ami a Laif armuallv.
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employed in paying their debts, without adding to then* ; and their exportation and remittances for that purpofc have contri- buted to render the general balance of trade more favourable td u?, and, alfo, (in conjunction with the late operations of the Bank) to keep up our funds. Thsfe remittances are now ceafed ; and a year or two will determine, if this conteft goes on, how far we can fuftain fuch a lofs without fuffering the confequences I have defcribed
The fecond event, ruinous to our paper-circulation, which may arife from our rupture with America, is a deficiency in the revenue. As a failure of our paper would deftroy the revenue, fo a failure of the revenue, or any considerable diminution of it, would deitroy our paper. The Bank is the fupport of our paper; and the fupport of the Bank: is the credit of govern- ment. Its principal fecUrities are a capital of near eleven mil- lions lent to government ; and money continually advanced to * vaft amount on the Land-tax, Sinking-fund, Exchequer-bills, Navy-Bills, &c. Should, therefore, deficiences in the revenue bring government under any difficulties, all thefe fecurities would lofe their value, and (he Bank and Government, and all
private and public credit, would fall together.- Let any
©ne here imagine, what would probacy follow, were it but fuf- peeled by the public in general, that the taxes were fo fallen, as flot to pruduce enough to pay the interefl of the public debts, befide? bearing the ordinary expences of the nation ; and that, in Order to fuppiy the deficiency and to hide the calamity, it had been necefia'y in any one year, to anticipate the taxes, and to borrow of the Bank.— ^In fuch circumftances I can fcarcely doubt, but an alarm would fpread of the mod dangerous tendency. — The next foreign war, fhould it prove half m expenfive ai the laft, will probably occanon fuch a deficiency, and bring our af- fairs to that crifis towards which they have been long tending
But the war with America has a greater tendency to do this ; and the reafon is, that it affecls our refources more ; and is attended more with the danger of internal difturbances.
Some have made the proportion of our trade depending on North- America to be nearly one half. A moderate computa- tion makes it a third, f Let it, ho\vever, be fuppofed to be only a Fourth. I will venture to fay, this is a proportion of our foreign trade, the lofs of which, when it comes to be felt,
will be found infupportable. In the article of Tobacct
alone
f See the f.ihftance of the EviJence on the Petition prefcnteii hy fhe Weft-India t'hnters and Merchants to the Houle ol Co-nmons, a* it was iitfreJated ta \i\z &\k, uad lamm-d up Oy Mr. Glovmr.
( 49 )
alone it will caufe a deduction from the Cufio?ns of at leaf! 300,000 1. per annum, f including the duties paid on foreign commodities purchased by the exportation of tobacco. Let the whole deduction from the revenue be mppofed to be only half a million. This alone is more than the kingdom can at prefent bear, without having recourfe to additional taxes, in order to defray the common and necefTary expences of peace. But to this mull be added a deduction from the produce of the Excifes, in confequence of the increafe of the poor, of the dif- ficulties of our merchants and manafacturers, of lefs national wrealth, and a retrenchment of luxury. There is no poffibility of knowing to what thefe deductions may amount. When the evils producing them begin, they will proceed rapidly ; and they may end in a general wreck before we are aware of any danger. In order to give a clearer view of this fubject, I will, in an Appendix, ftate particulary the national expenditure and in- come for ten years, from 1 764 to 1 774. From that account it will appear, that the money drawn every year from the public by the taxes, falls but little fhortofa fum equal to the whole fpecie of the kingdom ; and that, notwithstanding the late increafe in the produ&ivenefs of the taxes, the whole fur- plus of the national income has not exceeded 320,000!. per annum. This is a furplus fo inconfiderabie as to be fcarcely fufficient to guard againft the deficiencies arifing from the common fluctuations of foreign trade, and of home confump- tion. It is nothing when confidered as the only fund we
have for paying off a debt o£ near 140 millions. Had we
continued in a rtate of profound peace, it could not have ad- mitted of any diminution. What then muft follow, when one of the molt profitable branches of our trade is deftroyed ; when a third of the empire is loft; when an addition of many millions is made to the public debt ; and when, at the fame time, perhaps, fome millions are taken away from the revenue ? I fhudder at the profpect. A kingdom, on
AN EDGE SO PERILOUS, SHOULD THINK OF NOTHING BUT A RETREAT.
G SECT.
f The annual averag« of the payments into the Exchequer, on account of the duties on tobacco, was for five )ears, from 1770 to 1774,119,117!. exclufive of the payments from Scotland. — Near one halt of the tobacco trade is carried on from Scotland -y and above four fifths of the tobacco imported is afterwards exported to France Germany and other countries. From France alone it brings annually into the Kingdom, I am informed, about 150,0001. in money. In 1775, being, alas! the parting ye»rf the duties on tobacco in
England brought into the Exchequer no kfe a fum than
29$,20Z1,
( 5° )
SECT. IV.
Of (be Honour cf the Nation^ as effected by the Wan with America.
nE cf the pleas for continuing the context with America is,. "That our honour is engaged; and that we cannot " recede without the moil humiliating conceflions."
With reipedl to this, it is proper to bbferve, that a diftinc- tion ihould be made between the nation and its rulers. It is melancholy that there mould be ever any reafon for making fuch a diifcin&ion. A government is, or ought to be, nothing but an inilitution for collecting and for carrying into execu- tion the will of the people. But Co far is this from being in general the fact, that the meafures of government, and the ienfe of the people, are fometimes in direc~l oppofiticn to one another ; 'nor does it often happen that any certain conclufion can be drawn from the one to the other,— I will not pretend to determine, whether, in the prefent inflance, the dishonour attending a retreat would belong to the nation at large, or only to the perfons in power who guide its affairs. Let it be granted, though, probably far from true, that the majority of the kingdom favour the prefent meafures. No good argument could be drawn from hence againfl receding. The difgrace to which a kingdom muft fubmit by making concefSons, is nothing to -that of being the aggrefTors in an unrighteous quar- rel ; and dignity, in fuch circumftances, confifts in retracting freely, fpeedily, and msgnanimouily.— For, (to adopt, on this cccafion, words which I have heard applied to this very pur- pofe, in a great aflembly, by a peer to whom this kingdom has often looked as its deliverer, and whofe ill ftate of health at this awful moment of public danger, every friend to Britain muft deplore) to adopt, I fay, the words of this great man— " Rectitude is dignity. Oppression only is 1 ' meanness; and justice, honour."
I will add, that Prudence, no lefs than Honour, requires us to retraft. For the time may come when, if it is not done voluntarily, we may be obliged to do it ; and find curfelves un- der a ncceiiity of granting that to our diilrefTes, which we now deny to equity and humanity, and the prayers of America. 1 h« pcfiibility of this appears plainly from the preceding pages : and (hould it happen, it will bring upon us difgrace indeed, dif- grace greater than the worft rancour can wiih to fee accumif
on
( ?! )
on a kingdom already too much dishonoured.- -Let the reader think here what we are doing A nation, once the protec- tor of Liberty in diftant countries, and the fcourge of tyranny, changed into an enemy to Liberty, and engaged in endeavour- ing to reduce to fervitude its own brethren.— A great and enlightened nation, not content with a controuling power over millions of people which gave it every reafonable advan- tage, infilling upon fuch a fupremacy over them as would leave them nothing they could call their own, and carrying defolation and death among them for difputing it.— What can be more ignominious ?— How have we felt for the brave Cer- Jicam, in their ftruggle with the Genoefr, and afterwards with the Breach government } Did Genoa or France want mere than an abfolute command over their property and lep-iilations ;
or the power of binding them in all cafes whatfoever ?
The Cvrjtcans had been fabject to the Gcnoefe ; but finding it difficult to keep them in fubjedion, they ceded them to the French.— W\ iuch ceifions of one people to another are dif- graceful to human nature, But if our claims are juft, may not
we alfo, if we pleafe, cede the Colonies to France I There
is, in truth, no other difference between thefe two cafes than that the Corficans were not defended from the people who governed them, but that the Americans are.
There are fome who feem to be fenfible, that the authority of one country over another, cannot be diitinguifhed from the fervitude of one country to another ; and that unlefs different communities, as well as different parts of the fame community, are united by an equal representation, ail fuch authority is inconfiitent with the principles of Civil Liberty. But they except the cafe of the Ccionies and Great-Britain ; becaiife the Colonies are communities which branched forth from, and which therefore, as diey think, belong to Britain. Had the Colonies been communities of foreigners, over whom we wanted to acquire dominion, or even to extend a dominion before acquired, they are ready to admit that their refinance would have been juii.— In my opinion, this is the fame with faying, that the Colonies ought to be worfe off than the reir of mankind, becaufe they are our own Brethren.
Again. The Uniced Provinces of Holland were once fubject
to the Spanijb monarchy ; but, provoked by the violation of
their charters ; by levies of money, without their content;
by the introduction of Spanifh troops among them ; by innova-
G 2 tkms
( 5* )
cf government ; and the rejection of their petitions, they were driven to that refinance which we and all the world have ever fince admired ; and which has given birth to one of the greateft and happier!: Republics
that ever exifted. Let any one read alfo the hiilory of the
war which the Athenians from a thirit of Empire, made on the Syracufans in Cicify, a people derived from the fame origin with them ; and let him, if he can, avoid rejoiciug in die defeat of the Athenians.
Let him, likewife, read the account of the fecial war among the Romans. The allied ilates of Italy had fought the battles of Rcme, and contributed by their valour and treafure to its conquelts and grandeur. They claimed, therefore, the rights of Roman citizens, and a mare with them in legiflaticn. The Romans, difdaining to make thofe their fe/Ioiv-Citizens, whom they had always looked upon as their fubjecls, would not comply ; and a war followed, which ended in the ruin of the Roman Republic. The feelings of every Briton in this cafe mull force him to approve the condudl of the Allies, and to condemn the proud and ungrateful Romans.
But not only is the prefent conteil with America thus dis- graceful to us, becaufe inconfiftent with our own feelings in fimilar cafes ; but alfo becaufe condemned by our own practice in former times. The Colonies are perfuaded that they are fighting for Liberty. We fee them facrificing to this perfua- fion every private advantage. If miftaken, and though guilty of irregularities, they mould be pardoned by a people whole anceftors have given them fo many examples cf fimilar conduct. England mould venerate the attachment to Liberty amidft all its exceffes ; and, inflead of indignation or fcorn, it would be moil becoming them, in the prefent inilance, to declare
their applaufe, and to fay to the Colonies " We e:
" your miftakes. We admire your fpirit. It is the (pint " that has more than once laved our/elves. We afpire to no " dominion over you. We underlland the rights cf men too " well to think of taking from you the incflimable privileges " of governing yourfelves ; and, inllead of employing our *' power for any fuch purpoie, we offer it to you as a friendly ** and guardian power, to be a mediator in your quarrels ; a " protection againft your enemies; and an aid to you in " eftablifhing a plan of Liberty that mall make you g " and happy. In return, we afk nothing but your gratitude *« and your commerce,"
This
( 53 )
This would be a language worthy of a brave and enlightened nation. But alas ! it often happens in the Political J^'orM a* it does in Religion, that the people who cry cut molt vehemently for Liberty to theinfelves are the moil unwilling to grant it to others.
One of the more violent enemies of the Colonies has pro*
nounced them "all Mr. Locke's difciples.." Glorious Litift!
How fhameful is it to make war againft them for that
reafon ?
But farther. This war is difgraceful on account of the perfuafion which led to it, and under which it has been under- taken. The general cry was laft winter, that the people of New-England were a body of cowards, who would at cn;e he tumbled into fubmiiuon by a hoftile look from our troops. In this light were they held up to the public derificn in both Houfes of Parliament ; and it was this peHuafion that, prob- ably, induced a nobleman of the firft weight in the ftate to recommend, at the palling of the Boflcn Pert Bill, coercive meafures ; hinting at the fame time, that the appearance of Hoftilities would be fufficient, and that all would be loon over,
sine clade. Indeed no one can doubt, but that had it
been believed fome time ago, the people of America were brave, more care would have been taken not to pro voice diem.
Again. The manner in which this war lias been hitherto
conducted, renders it ftill more difgraceful. Ergliih valour
being thought infufficient to fubdue the Colonies, the law and religion of France were efrablifiied in Canada, en purpofe to obtain the power of bringing upon them from thence an army of French Papijts. The wild Indians and their own Haves have been mitigated to attack then: ; and attempts have been made
to gain the airhlance of a Large body of Ruffians. With
like views, German troops have been hired ; and the defence of our Forts- and Garrifons trurled in their hands.
Thefe are meafures which need no comment. The laft of them, in particular, having been carried into exeution with- out the conicnt of Parliament, threatens us with immitic : danger ; and mews that we are in the way to lofe even the Forms of the conilitution— If, indeed, our minifters can, at any time, without leave, not only fend away the national troops, but introduce foreign troops in their room, we lie entirely at mercy ; ana we have every thing to dread.
( 54 )
SECT. V.
Of the Probability of Succeeding in the War with America.
LE T us next confider hew far there is a poffibility of fuc- ceeding in the prefent war. Our own people, being unwilling to enlift, and the attempts to procure armies of Ruffians, Indians and Canadians, having miicarried ; the utincft force we can employ, including fo- reigners, does not exceed, if I am rightly informed, 30,000 efreoive men. Let it, however, be called 40,000. This is the force that is to conquer half a million at leaf} * of deter- mined men fighting on their own ground, within light of their houfes and families, and for that facred bleliing of Liberty, with- out which man is a beaft, and government a curfe. All hiftory proves* that, in (uch a fituation, a handful is a match for millions.
In the Netherlands a few frates thus circumftanced , withftcod, for thirty years, the whole force of the Spanifh monarchy, when at its zenith; and at lail humbled its pride, and emancipated themselves from its tyranny,— The citizens of Syracus alio, thus circumftanced, withftopd the whole power of the Athenians
and almoft ruined them. The fame happened in the conteft
between the houfe of Auftria, and the cantons \ of Switzerland. —.-There is in this caule an infinite difference between attack- ing and being attacked; between fighting to dcjlrcy, and lighting to prfer-ue, or acquire Liberty. Were we, there- fore, capable of employing a land force againft America equal to its own, there would be little probability of fiicceis. But to think of conquering that whole continent with 30,000 or 40,000 men to be tranfported acrofs the Atlantic, and fed from
hence, and incapable of being recruited after any defeat
This is indeed a foliy io great, that language does not afford a name for it.
With refpecl to our naval force, could it fail at land as it does at fea, much might be done with it ; but as that is
impo" * A quarter of the inhabitants of every country are fighting
men. If, therefore, the Colonies coiiil oniy of two mil Hon s
of inhabitants, the number of fighting men in them will behalf
a million, f See the appendix to Dr. Zably's Sermon, preacfeed at the
opening of the Provincial Congreft ot Georgia,
( 55 )
impoffible, tittle, or nothing can be dene Vvlth it, which will not hurt our/elves more than the Ceknifts.-— Such of their maritime towns as they cannot guard againft our fleets, and have not been already deftroyed, they are determined either to give up to our refentment, or* deitroy themfelves : The con- sequence of which will be, that thefe towns will be rebuilt in (afcr fituations ; and that we mall locfe feme of the principal
pledges by which we have hitherto held them in fubjeclion,
As to their trade ; having all the neceiTaries and the chief conveniencies of life within themfelves, they have no depend- ence upon it ; and the lofs of it will do them unfpeakable good, by preferring them from the evils cf luxury and the temptations of wealth ; and keeping them in that ftate of virtuous fimplicity which is the greateft happinefs. I know that I am now {peaking the fenfe of fome of the wifeft men in America. It has been long their wifh that Britain would ihut up all their ports. They will rejoice, particulary, in the laft retraining a£k. It might have happened, that the people would have grown weary of their agreements not to export, or import. But this ac~r. will oblige them to keep thefe agreements ; and confirm their unanimity and zeal. It will alio furnifh them with a reafon for connfeating the eftates of all her friends of our government among them, and for employing their failors, who would have been otherwiie idle, in making reprifals on Briti.fh property. Their fiiips before nfelefs and ctenfirting of many hundreds, will be turned into Ihips of war ; and all that attention, which they have hitherto confined to trade, wil] be employed in fitiing out a naval force for their own defence ; and thus the way will be prepared for their becoming, much iboner than they would otherwiie have been, a great maritime power. This act. of parliament, therefore, crowns the folly of all our late meafures. — None who know me, can believe me to be difpofed to fuperftition. Perhaps, however, I am not, in the pre fen t inftance, free from this weaknefs,
1 fancy I fee in thefe meafures femething that cannot be
accounted for merely by human ignorance. I am inclined to think, that the hand of Providence is in them working to bring about fome great ends, -----But thb leads me to One con- fideration more, which I cannot heip offering to the public, and which appears to me in the higheldt decree important.
In ■: New-York has been long deferred by the greateit part ofthe inhabitants 5 and thzy are determined to burn it themfelves, r^i^er than fuffer us to burn it
( 5^ )
In this hour of tremendous danger, it would become us to turn our thoughts to Heaven. This is what our brethren in the Colonics are doing. From one end of North America to the other, they are fasting and praying. But what are we doing ?— Shoking thought ! we are ridiculing them as
Fanatics, and fcoffing at religion. We are running wild
after pleafure, and forgetting every thing ferious and decent &i Majquerades.——-We are gambling in gaming hoijfes ; traf- ficking for Boroughs ; perjuring ourielves at hitcl'oas ; and
felling ourielves for places. Which fide then is Providence
likely to favour ?
In America we fee a number of rifing Hates in the vigour of youth, infpired by the nobleft of all pailions, thepahion for
being free ; and animated by piety. Here we lee an old
ilate, great indeed, but inflated and irreligious : enervated by luxury ; encumbered with debts j and hanging by a thread.
Can any one lock without pain to the ifiue ? May we
not expect calamities that fhall recover to reflexion (perhaps to devotion) our Libertines and Aiheifls ?
Is our cauie fuch as gives us reafon to afk God to blefs it r
—Can we in the face of heaven declare, "that we are not
" the aggre^crs in this war; and that we mean by it, not to " acquire Or even preferve dominion for its own fake ; not " conquest, or empire, or the gratification of refentment ; " but folely to deliver ourielves from oppreiTicn ; to gain re- " paration for injury ; and to defend curfelves againiT. men
" who would plunder or kill us?" Remember, reader,
whoever thou art, that there are no other jull caufes of war ; and that blood fpilied, with any other views, mull feme time
or other be accounted for. But not to expofe myfelf by
faying more in this way, I will now beg leave to recapitulate fome cf the arguments I have ufed ; and to deliver the feeling of my heart in a brief, but earneft addrefs to my country- men.
I am hearing it continually urged " Are they not our
fubjecls." —The plain anlvver is, they are not your fub-
jecls. The people of America are no more the fubjects of the people of Britain, than the people of ' Torkjhire are the fubjecls of the people of Middle/ex. They are your Fellow-flub] eels.
'* But nve are taxed ; and why fhouid not they be taxed?" Tou are taxed by yourfelves. They infill on the fame pri- vilege.—— They are taxed to fuppcrt their own governments ;
and
( 57 )
and they help alfo to pay your taxes by purchafing your manu- factures, and giving you a monopoly of their trade. Mull they maintain t-ivo governments ? Mull they fubmit to be triple taxed?-— Has your moderation, in taxing yourieives, beenfuch as encourages them to trull you with the power of taxing them ? " But they will not obey the Parliament and the Laws"
Say rather, they will not obey your parliament and your
laws . Their reafon is : They have no voice in your parlia- liament. They have no fhare in making * your laws, — -
" Neither have mojl of us." Then you io far want Liberty;
and your language is, " We are not free, Why will they be
free?" But many of you have a voice in parliament: None
of them have. All your freehold land is reprefented : But not a foot of their land is repreiented ; At worft, therefore, you
can be only enflaved partially. They would be enllaved
totally. They are governed by parliaments chofen by them-
felves, and by iegiflatures fimiiar to yours. Why will you diilurb them in the enjoyment of a bleiiing fo invaluable ? Is it reafonable to infift, that your difcretion alone ihall be their law ; that they ihall have no conlHtutions of government, ex- cept fuch as your parliament fhali be pleafed to leave them ?— What is your parliament ?— Powerful indeed and refpeclable : But is there not a growing intercourie between it and the court? Does it awe mimiters of ftate as it once did ? Infteaa of con^ tending for a controuling power over the governments of Ame- rica, mould you not think more of watching and reforming your own ? — Suppofe the worit. Suppofe, in oppofition to all their own declarations, that the Coioniits are now aiming at H independence.
* I have no other notion or flivery, but being bourn J by a 1 w " to which I do not confent." See the cafe ot Ireland^ being bound by acts of parliament in England, ftated by Willi m Mo- Jyneux, Efqj Dublin.— ^-In arguing againft the authority of Communities, and ail people not incorporated, over oj:e another, I have confined my views to taxation and internal legiflation. Mr. Molyneux carried his views much farther j and denied the. right of England to make any laws even to re- gulate the trade of Ireland. He was the intimate friend of Mr. Locke} and writ his book in 1698, foon after the publica- tion of Mr. Locke's Treatife on Government. What I have laid in Part ift. Sect. 3d, of fubjefting a number of ftates into a general council representing them all, I iuppofe every one mutt confider as entirely theoretical j and not a pro- pofal of any thing I wifh may take place under the Britifh Empire,
C S8 )
independence.—4 1 If they can fubfift without you ;" is it to be Wondered at ? Did there ever exift a community, or even an in- diwidua/, that would not do the fame r — *' If they cannot fub- fift without you ;" let them alone. They will foon come back — -" If you cannot fubfift without them ;" reclaim them by * kindnefs ; engage them by moderation and equity. It is madnefs to refolve to butcher them. This will make them deteft and avoid you forever. Freemen are not to be governed by force; or dragooned into compliance. If capable of bearing to be fo treated, it is a diigrace to be connected with them.
"If they can fubfift without you; and alfo you without them," the attempt to fubjugate them by confkating their effects, burning their towns, and ravaging their territories, is a wan- ton exertion of cruel ambition, which however common it has been among mankind, delerves to be called by harder names than I chuie to apply to it.— Suppofe fuch an attempt was to be fucceeded : Would it not be a fatal preparation for fubdu- ing yourfelves ? Would not the difpofal of American places, and the diftribution of an American revenue, render that in- fluence of the crown irrefiftibie, which has already ftabbed your liberties ?
Turn your eyes to India : There more has been done than is now attempted in America. There Englishmen, actuated by the love of plunder and the fpirit of conqueft, have depo- pulated whole kingdoms, and ruined millions of innocent
people by the moil infamous oppreftion and rapacity. The
juftice of the nation has ilept over thefe enormities. Will the juftice of heaven ileep ? Are we not now execrated on both fides of the globe. With
* fcom: perions, convinced of the fol'y as wtll as barbariy of at- tempting to keep the Colonies by fHughfering them, have very humanely propofed giving them up. But the h gheft autho- rity has informed us, ^itb great reafon, "That trey are too " important to be given up."— Di. Tucker has infixed on the depopulation, produced by migrations from this country to the Colonies, as a reafon for this meaf'ure. But, un'efs the king- dom is made a prifon to its inhabitants, thefe migrations cannot be prevented ; nor do I think that they have any great tendency to produce depopulation. When a number of people quit a country, there is more employment and greater plenty of the means o$ fubfiftence left for thofe who remain ; and the vacancy is foon filled up. The grand caufes of depopulation are, not migrations: , or even famines and plagues, cr any other temporary evils', but ih* permanent and llo^ly working evils of de? bauchery, luxury, high taxes, and oppreflion.
( 59 )
With refpeft to the Colonifts ; it would be folly to pretend they are fauitlefs. They were running fail into our vices. But this quarrel gives them a falutary check : And it may be permitted on purpofe to favour them, and in them the reft of mankind ; by making way for the eftablifhment, in an exten- iive country poflefTed of every advantage, a plan of government, and a growing power that fhall aftonifh the world, and under which every fubjecl of human enquiry mail be open to free difcuflion, and the friends to Liberty, in every quarter of the
globe, find a fafe retreat from civil and fpiritual tyranny. 1
hope therefore, our brethren in America will forgive their ene- mies. It is certain that they know not what they are doing.
CONCLUSION.
HAVING faid fo much of the war with America, and particularly of the danger with which it th^a:ens us, it may be expected that I mould propofe fome method of efcaping from this danger, and of reftoring this once happy Empire to a ftate of peace and fecurity. — Various plans of pacification have been propofed ; and fome of them by perfons lb diftin- guifhed by their rank and merit, as to be above my applaufe. But till there is more of a difpofition to attend to fuch plans, they cannot, I am afraid, be of any great fervice. And there is too, much reafon to apprehend, that nothing but calamity will bring us to repentance and wifdom.— In order, how- ever,, to complete my defign in thefe obfervations, I will take the liberty to lay before the public the following fketch of-. one of the plans juft referred to, as it was opened before the holidays to the houfe of Lords by the Earl of Shelburne ; who, while he held the feals of the Southern department, with the bufmefs of the Colonies annexed, pofFeffed their confidence, without ever compromifing the authority of this country ; a confidence which difcovered itfelf by peace among themfelves, and duty and fubmiffion to the Mother-country. I hope I fhall not take an unwarrantable liberty, if, on this occafion, I ufe his Lordfhip's own words, as nearly as X have been abl« to colled them.
H a "Meet
( 6o )
ft Meet the Colonies on their own ground, in the laft pe- tition from the Congrefs to the king : The fureft, as well as the moll dignified mode of proceeding for this country. —
Suipend all hoftilities Repeal the afts which immediately
diftrefs America, namely, the laft retraining aft, the
charter act, the ad for the more impartial adminiftraticn
of juftice, and the Quebec aft.— —Ail the other afts (the
cuftom-houfe aft, the poft-office aft, Sec.) leave to a tem- perate revifal. There will be found much matter which
both countries may wilh repealed. Some which can never be given up, the principal being that regulation of trade for the common good of the Empire, which forms our Palladium, Other matter which is fair fubjeft of mutual accommodation.
Prefcribe the moil explicit acknowledgment of your
right of regulating commerce, in its moil exteniive fenfe ; if the petition and other public afts of the Colonies have not already, by their declarations and acknowledgments, left it
upon a fufficiently fecure foundation. Belides the power
of regulating the general commerce of the Empire, ibme- thing further might be expected j provided a due and tender regard were had to the means and abilities of the feveral provinces, as well as to thofe fundamental, unalienable rights of Englijhmen, which no father can furrender en the part of his Ion, no reprelenter on the j.a-t of his elector, no generation on the part of the fucceeding one ; the right of judging not only of the mode of raifmg, but the quantum,
and the appropriation of fuch aids as they mall grant.-
To be more explicit; the debt of England, without entering into invidious diitinftions how it came to be contracted, might be acknowledged the debt of every individual part of
the whole Empire, Afia, as well as America, included.
Provided, that full fecurity were held forth to them, that fuch free aids, together with the Sinking Fund, (Great- Britain contributing her fuperior mare) mould not be left as the privy purfe of the minifter, but be unaiienably appro- priated to the original intention of that fund, the difcharge of the debt ; and that by an honeft application of the whole fund, the taxes might in time be leilcncd, and the price of our manufactures coniequently reduced, fo that every contributory part might feel the returning bene- fit always iuppcling the laws of trade duly obferved and
enforced,
«« The
( 6i )
'* The time was, I am confident— and perhaps is, when ** thefe points might be obtained upon the eafy, the conititu- " tional, and, therefore, the indifpen fable terms of an exemption *' from parliamentary taxation, and an admifiion of the facred- *l nefs of their charters; inftead of facrificing their good " humour, their affection, their effectual aids, and the aft of f* navigation itfelf, (which you are now in the direct road c< to do) for a commercial quit rent, * or a barren metaphy- " iical chimsra.—- rHow long thefe ends may continue attain- •? able, no man can tell.- — But if no words are to be relied on
•' except fuch as make againft the Colonies If nothing is
" acceptable, except what is attainable by force ; it only re- " remains to apply, what has been fo often remarked of un-
V happy periods, £>uos deus <vult, &ff."
Thefe are fentiments and propofals of the laft importance ; and I am very happy in being able to give them to the public from fo reipectable an authority, as that of the diitinguimed Peer I have mentioned ; to whom, I know, this kingdom, as weli as America, is much indebted for his zeal to promote thofe grand public points on which the prefervation of Liberty among us depends ; and for the firm oppofition which, jointly with many others (Noblemen and Commoners of the fim Cha- racter and abilities, ) he has made to the prefent meafures.
Had fuch a plan as that now propofed been adopted a few months ago, 1 have little doubt but that a pacification would have taken place, on terms highly advantageous to this king- dom. In particular. It is probable, that the Colonies
would have confented to grant an annual fupply, which, in- creafed by a faving of the money now fpent in maintaining troops among them, and by contributions which might have been gained from other parts of the empire, would have formed a fund confiderable enough, if unalienably applied, f to redeem
the * See the Refolutions on the Nova- Scotia petition reported to the I-L-ufe of Commons, November 29, 1775, hy Loid North, Lord George Germaine, &c. and a bill ordered to oe brought in upon
the (aid Resolutions. There is indeed, as Lord Shelburne
has tinted, fomething very aftonifhing in thefe Refolutions.. They offer a relaxation of the authority of this country, in points to which the Colonies have always confented, and by which we are great gainers ; at the fame time, that, with a ri- gour which hazards the Empire, we are maintaining its autho- rity in points to which they will never confent j and by which nothing can he gained.
.f See the Appendix.
( 62 )
the greateft part of the public* debt ; in confequence of which, agreeable to Lord Shelburne's ideas, fome ofoui woril taxes might be taken off, and the Colonies wouldx receive our manu- factures cheaper, ; our paper-currency might be retrained ; our whole force would be free to meet at any time foreign danger ; the influence of the crown would be reduced ; our parliament would become more independent ; and the kingdom might, perhaps, be reftored to a fituation of permanent farety and profperity.
To conclude. — An important revolution in affairs of this kingdom feems to be appjoaching. If ruin is not to be our lot, all that has been "lately done mull be undone, and new meafures adopted. At that period, an opportunity (never per- haps to be recovered, if loft) will offer itfelf for ferving efTen- iially this country, as well as America ; by putting the national debt into a fixed courfe of payment ; by iubje&ing- to new re- gulations, the adminillration of the finances ; and eftabiifhing meafures for exterminating corruption and restoring the consti- tution,--For my own part ; if this is not to be the confequence of any future changes in the miniftry, and the fyftem of corruption, lately fo much improved, is to go on ; I think it totally indifferent to the kingdom who are in, or who are out of power.
APPENDIX.
APPENDIX.
Amount of the National Debt at Midfummer, 1775.
The amount of the capitals at the Bank, South Sea and India Houfes was, in Jan. 1775, 125,056.454!. See the particulars in an account by R. Helm, at the Stock Ex- change,correfted for Jan. 5 1775.
Deduct 424,5001. Consolidated Annuities, 246,300). Reduced; 161,6501. Old S. S. Annuities, and 43,3501. Annuities 1771, making in all a million of the 3 per cents, paid off in 1775 > aDC* the remainder will be
Annuities for 99, 96, and 89 years, granted in King William's time. Suppofing 18 years to come of theie Annuities, their value will be (reckoning intereft at $% per cent) 1 3I years purchafe,or nearly.
Annuities for li^es, with benefit of furvivorfhip, in King William's time, fuppofed worth four years purchafe. — N B. The benefit of furvivorfhip is to be coetinued till the Annuities are reduced to Seven and they are not yet reduced to this number.
Annuities on lives, with benefit of furvivorfhip. granted Anno 1765, valued at 20 years putchafe •
Annuities for two or three lives, granted in 1695 Alfo Annuities on fingle lives, 1745,1746.1747. The original amount ef thefe An- nuities, taken all together, was -near 1 30,000 1. Tbey are now re- duced by deaths to about 8o,oooI. I have valued tbem at 10 years D.ur chafe *
Principal.
24,056,454
1,801,179
Intereft.
I36»455
30,268
1 0,80c
800,000
Total £.126,698,701
8o,oco
4,542 430 Long
( 64 )
Brought over.
Long annuity for 99 years 1761— - The vaiueof this annuity is in the ALLEYabout25 iyearspurchafe, but the remaining term is really worth 27 years purchase - -
UNFUNDED DEBT, confift- ingofExcheq.Bills(i>25c cool.) Naty debt (1,850,000!.) andCi- vil Lift debt,fuppofed 500, cool. The intercft is reckoned at no more than 2 -§■ per cent*
Principal.
/• 126,698,701
6.70**750
3 600,000
Inter eft.
4542,430
248,25c
90,000
Totalofthe National Debt in 1775, 137,001,451 4,880.680
I have given the Navy Debt as it was about a year ago. It
muft be now greatly encreafed. The Civil Lift Debt has been
given by guefs. It is generally acknowledged not to be lefs than the fum I have fpecified; and it is alio expected, that the Civil
Lift income will be raifed to 900,000 1. per annum In 1769
the (urn of 513,51 1 1. was granted by Parliament towards dis- charging the arrears and debts then due on the Civil Lift.
By" an act of thefirft of George II. the Civil Lift was made up 800,000 1. whenever, in any year, the duties and revenues appropriated to it fell fhort of that Turn. The cleaj produce cf thefe duties for 33 years, or from Midfummer 1727, to Midfum- mer 1760, was according to a particular account in my pofTef- fion, 26,182,981 1. 17s. 6d. or 795,242 \. per ann. They fell (hort, therefore, taking one year with another, more than they exceded. In 1747 tnev naa* been deficient for Jeven years together ; and the whole deficiency amounted to 456,733!. 1 6s.— which, in conformity to the act I have mentioned, was made good to
his Majefty out of the fupplies for that year. In 1729 alfo,
Xi7,oool. was granted out of the fupplies f>r the like reafon — This is all the mosey, received by his late Majefty from Parlia- ment, towards fupporting his houlhold and the dignify of* his civil government; or 8 10,7491. per ann, — I have thought proper to ftate this matter fo particularly here, becaufe accounts grolsly wrong have been given of it.
The amount of the National Debt, it has appeared, was laft year 137 millions. The great deficiencies of laft year, added to the extraordinary expences of the prefect year, will increafo this debt confiderabJy. Drawing out, embodying, and maintaining the mi- litia in the laft war, coft the nation nea- half a million per ann. We cannot reckon upsn a lefs expence in doing this now. Add
to
. C 65 )
to it, pay for foreign troops, and all the extraordinary expences of our increafed Navy and Army, tranfport fervice, recruiting fervice, ordnance,'&c. and it will be evident that the whole expence of this unhappy year mnft be enormous. — But I expect that care will be taken to hide it, by funding as little as pofBble, and that for this reafon it will not be known in its full magnitude, till it comes to appear another year under the articles of Navy debt, extraordi- naries of the army, tranfport bills, ordnance debentures, Sec. making up a vaft unfunded debt, which may bear down all public credit.
State of the National Account in 1775.
ANNUAL INCOME.
Customs in England, being the medium of the payments into the Exchequer, for 3 years, ending in 1773 — —■ — 2,528,275
Amount of the Excises in England, including the malt tax, being the medium of 3 years, ending in 1773 — — — - — 4,649,892
Land Tax at 3s. — — — 1,300,000
Salt Duties, being the medium of the years
1765 and 1766 — — — 218,739
Duties on Stamps, Cards, Dice, Advertifements, Bonds, Leafes, Indentures, News-Papers, Alma- nacks, &c. — — — — 280,788
Duties on houfes and windows, being the medium of
3 years ending in 177 1 — — — 3^S'3^9
Poll Office, Seizures, Wine Licences, Hackney-
Coaches, * Tenths of the Clergy, &c. — 250,000
Excises in Scotland, being the medium of 3 years
ending in 1773 — — — 95,229
Customs in Scotland, being the medium of 3
years ending in 1773 — — — 68,369
Inland taxes in Scotland, deduction of 6d. in the pound on all Penfions, Salaries, &c. cafual reve- nues, fuch as the duties on Gum Seneca, Ameri- can revenue, fale of lands in the ceded Iflands, &c. — Thefe are little articles, and I have fuppo- fed them to amount to as much as will make the whole revenue ten millions per ann. tho' it is almoft certain they cannot produce fo much — — 223>339
Total £. 10,000000
I The
* Thefe branches of the revenue produced in 1754., 210,243!. I do not know how much they have produced lately j but I believe I have q(|imated them at the fcigheft. *
( 66 )
The annual medium of the payments into the Exchequer from the Customs in England, for the lafl five years, has been
2,521,7691. In 1774 this payment was 2,547,7171 In
1775, it was 2,476,302 I. The produce of the Customs,
therefore, has been given i»ather too high.
The produce of the Excises in England has been higher in 1772 and 1775 than in any other two years; but the average of any three fucceffive years, or of all the five years fince 1770, will not differ much from the fum I have given. In 1754, or the year before the laft war, the Customs produced only 1,558,254!.—
The Excifes produced 2,819,702 1 And the whole revenue,
excluiive of the Land-Tax at 2s, was 7,097,617 I.
ANNUAL EXPENDITURE.
— £- Intereft on the National Debt in 1775, " 4,880,680 Peace eftablifhment for the Navy and Army, includ- ing all mifcsllaneous and incidental expences 3,700,000 Annual increafe of the Navy and Civil Lift Debts 350,000 Civil Lift - - 8©o,ooo
9730,680 Surplus of the Revenue 269,310
£. -10,000,000
The eftimate for the peace eftablifhment, including mifcellaneous
expences, amounted in 1775 to 3,703,476 1. In 1774 it a-
nfOunted to 3,804432 1. excluiive of 250,0001. raifed by Exche- quer Bills, towards defraying the expence of calling in the gold coin. And the medium for eleven years, from 1765, has been nearly 3,700,000!. According to the accounts which I have col- lected, the expence of the peace eftablifhment, (including mifcella- necus expences) was in 1765, 1766, and 1767, 3,540,000!. /«" ann.
♦In 1768, 1769, and 1774, it was 3,354,000!. per ann In
j 7 7 r, 1772, 1773. *774 ant* !775» the average has been nearly four millions per annum, exclufive of the expence of calling in the coin.
This parliament votes for the fea-fervice 4I. per month per man, including wages, wear and tear, victuals, and ordnance. This al- lowance is infufRcient, and fails fhort every year more or lefs, in proportion to the number of men voted. Fram hence, in a great mealure, arifes that annual increafe cf the navy debt, mentioned in the third article of the National Expenditure, This increafe in
1772
( *7 \)
1772 and 1773 was 661,996!. or 335,000!. per aun. The num- ber of men voted in thole two years, was 20,000. I have fuppofed them reduced to 16,000, and the annual increase of the Navy- debt to be only 250,0001. — — —Add ioo,oooI. for the annual increafe of the Civil Lift Debt (fee page 64.) and the total will be 350,0001.
A Second Method of Deducing the Surplus of the
Revenue.
UNAPPROPRIATED REVENUE.
Nett Produce of the Siking Fund, for the lad five years, including cafual furpluffes, reckoned from Lady-day to Lady-day ; being the annual median*, after deducing from it about 45,0001. always carried to it from the fupplies, in order to replace fo much taken from it every year to make good a deficiency in a Fund eftabliflied in £ . 1758. ...... 2.610,759
Nett annual produce of Land Tax at 3s. militia
deducted: and of the Malt Tax - - - 1.800,000
(N. B. Thefe two taxes in 1773, brought in only 1.665,4751.) :
There are fome cafual Receipts, not included in the Sinking Fund, fuch as duties on Gum Senega, Amecican Revenue, &c. But they are fo uncertain and inconfiderable, that it is fcarcely proper to ^ive them as a part of the permanent Revenue. Add however on this account -. -. - 50,000
Total of unappropriated * Revenue /. 4.460,759
Produce of the^ Sinking Fund, reckoned from Lady- day to Lady-day. I77o 2.486,836
I7?I 2.553,505
1.772 - — 2.683,831
1773 : — 2.823,150
1774 2.731,476-
1 2 In
* Thegrcateft part of this Revenue is borrowed of the Bank, an&fpent before incomes into the Kxchequer. It is, therefore, in fbntly due to the Bank, f,r which intcreft is paid.
( 68 )
In 1775 the finking Fund was taken for 2900,000!. including an extraordinary charge of ioo,oooI. on the Aggregate Fund. If there has been a deficiency, it is a debt contracted laft year, which muft be added to other debts (referred to in Page 64) arifing from deficiences in the provifion made for the expences of laft year. This provifion amounted to 3.703,476 1 ; but it is faid to have fallen fhort above a million.
ANNUAL EXPENDITURE.
Peace Eftablifhment, includiug the annual increafe
of the Navy and Civil Lift Debts (fee the for- £. mer account) - ----- 4.050,000
Intereftat 2^ of 3.6000,0001. unfunded debt, which
muft be paid out of the unappropriated Revenue 90,000
Total 4.140,000 Surplus 320,759
Annual income £. 4.460,759
Thefe two methods of deducing the Surplus of the Revenue con- firm one another, as nearly as could have been expected. They cannot agree exactly, unlefs the mean produce of the Sinking Fund, and of all the takes, are taken for the fame years, and from the fame quarter in every year. •
There is a third method of proving that the permanent furplus of the revenue cannot exceed the fum now (rated.
I have learnt from the higheft authority, that the national debt, about a year ago, had been diminifhed near 9 millions and a half, fince the peace in 1763 ; including a million of the 3 per cents dif- charged laft year -—The money employed in making this reduction, muft have, been derived from the furplus of the ordinary and ftated revenue, added to the extraordinary receipts. Thefe extra- ordinary receipts have confifted of the, following articles.
1 . The Land Tax at 4s. in the pound in 1764, i/6j, and 1 77 1 ; or is. in the pound extraordinary for three years, making 1.300,000
2. ,The profits of Nine. Lotteries, making (at 150,000!. each
lottery) 1.350,000!. — • — 3. A contribution of 400,000!, per aim,
from the India company for five years,- making 2.ooo,oool.
4.110.000I. paid by the Bank in 1 764 for the privilege of exclufive banking. Alfo the money paid by France for maintaining their prifoners ; and the money arifing from the fale of Ftench prizes, taken before the declaration of war ; from faving on particular grants
at
( 69 )
at the end of the war, &c. &c.-— which, all together, * I will fup- pofe a million. Add 3.300,000!. arifing from a furplus of 300,0001. for eleven years; and the total will be 8.950,000!. which is a fum more than fufficient for difcharging 9 millions and a half of the public debt.
Sketch of an Account of the Money drawn from the Public by the Taxes.
Nett Revenue -
Expence of collecting the Excise in England, being the average of the years 1 767 and 1768, when their produce was 4.531,0751. per ami, 6 per cent, of the grofs produce
Expence of collecting the Excifes in Scotland, being the medium of the years 1772 and 1773, and the difference between the grofs and nett produce — 31 per cent, of the grofs •produce - -
Expence of collecting the Customs in England, being the average of 1771 and 1772; bounties included — 1 5 per cent, of the grofs produce, exclusive of the drawbacks and over-entries - -
N. B. The bounties for 1771 were 202,8401. for 1772, 172,4681. For 1772, 285,7641. or 10 per cent, nearly.
Perquisites, &c. to Cuftom-houfe officers, &c. fuppofed to be — — — —
Expence of collecting the Salt-duties inENGLAND, io^ per cent. - — t — — —
Bounties on fifh exported — — —
Expence of collecting the duties on Stamps, Cards, Advertifements, &c. ^percent. — —
Expence of collecting the Land Tax at 3s. — 2^ per cent, of the nominal produce — • — —
£•
10.000,00©
297,887
43>254
468,703
250,000
27,000 18,000
18,000
43i5CO
Total £. 1 1.166,344
It mud be feen, that this account is imperfect. It is, however, fufficient to prove, that the whole money raifed directly by the taxes, exceeds confiderably Eleven Millions. But as the
increafed
The Author of the Prefent State of the Nation, published in 1768, makes all thefc extraordinary Receipts to amount to above two millions and a half. But the greatefl: part of them were applied toiatisfy German claims, andfomc other debts, not properly included in the current rrationul expenditure.
( 7° )
increafed pries of one commodity has a tendency to raife the price of other commodities ; and as alio dealers generally add more than the value of a tax to the price of a commodity, befides charging jintereft for the money they advance on- the taxes ; for thefe rea- fons, it feems certain, that the taxes have an indirect effect of great coniequence; and that a larger fum is drawn by them from the public, than their grofs produce. — [t is farther to be confider- ed, that many of the perfons who are now Supported by collecting the taxes would have fapported then-delves by commerce or agri- culture ; and, therefore, in (read of taking away from the pub- lic frock, would have been employed in increafing it. — Some have reckoned, that on all thefe accounts the expence of the taxes is doubled ; but this mud be extravagant. Let us fuppofe a quarter only added ; and it will follow, that the money drawn from the public by the taxes (exclufive of thofe which maintain the poor) is near 14 millions per atzn ; a fum almoft equal to the whole fpecie of the kingdom; which, therefore, had we no paper currency, would be totally inadequate to. the wants of the kingdom.
Without all doubt fuch a ftate of things, in a great commercial nation, is molt dangerous, and frightful ; but it admits of no
remedy, while the public debt continues what it is. With a
view, therefore, to the quick reduction of this debt, I will throw away, after all I have faid on this fubject on former occafions, the
following propofals. It has appeared, that, fuppofing the taxes
not to become lefs productive, and the current national expence to continue the fame that it had been for ten years before 1775, a furplus.may be expected in the revenue of about 300,0001. per ami.
With a furplus fo trifling, nothing can be done ; but it might
be increafed, fir ft of all ; By keeping the Land Tax fof the fu- ture at 4s. in the pound. — As rents have been almoft doubled, this will not be much more to the prefent proprietors^ land, than 2s. in the pound was formerly. 'Tis, therefore, equitable ; ajid it will add to the national income near 450,000 1. .
Secondly* All the money now fpent in maintaining troops in
America might be faved. The Colonies are able to defend
themfelves. They wifh to be allowed to do it. Should they ever want the aid of our troops, they will certainly be very willing to pay us for them. Indeed I am of opinion, they will never be willing to make peace with us, without ftipulating that we fhall withdraw our troops from them. Were there any external power that claimed and exercifed a right of (rationing troops in thisj country, without our confent, we fhould certainly think ourfelyes
eniirely undone. 1 will eftimate this laving at no more than :
200,000 1. per ann.
Thirdly,
( n )
Thirdly, I do not fee why the peace eftabjchment might not be reduced to what it was, at an average, in 1&68, J769 and 1770.
This would produce a faving of 3 50.000 r&per ann. 1 might
here propofe reducing the peace-eftabliihment of the navy to what it always was before thelaft war,. or from 16,000 to 10, ceo men. But it would be infinitely better to reduce the Army ; and this might produce a farther faving of great confequence. — =-Bu£ waving this, I mall only mention,
Fourthly, That contributions might be obtained from North- America and other parts of the Britiih Empire, on the prineiple- itated from the Earl of Sh elburne's authority, in page 60.—
I will eitimate this at no more than 300,000!. per ann -Add
the furplus now in our poffeflion ; and the total will be i/co,oco* In the Introdu£iion<o the third edition to the treat; fe en Re * werjionary Payments, } have explained a method of payirg cit with a iinking fund of a ntiJlion per ann. \ a hundred millions of the national debt in forty years. What then might not be done with fnch a fund as this ?
In five years 18,986,300!. will fall from an intereft of 4 per cent '
to 3 per cent.— — Alfo 4,500,0001. $\ per cent. 1758, will fall
in fix years, to an interelt of 3 per cent. The long annuities
granted in King William's time, amounting to 136,4531. will, in 18 years, become moftly extinct ; as will alfo the greater part, of the Life Annuities fpecified in page 63. — All thefe favings amount to more than 400,0001. per ann. And, were they to be added to the fund as they fall in, its operations would be Co much accelerated, that in a few years we mould fee this country above all its difficulties, — « — Still more might be done by {hiking off unneceffary places and penfions ; by giving up all the means of corruption ; by reducing the pay of the great officers efftate; and
Amplifying the taxes. A minifter who appeared determined to
carry into execution fuch a fyftem, would foon gain the confidence of the publj£ ; endear himfelf to all honeli men ; and in time come
to be bleffed as ihe Saviour of his country. But what am I
doing? -We have no fuch happy period before us. Cur mi-
nifters are active in purfuing meafures which mull increafe our burdens. A horrid civil *ar is begun ; and it may foon leave us nothing to be anxious about.
X At the time of writing the introduction here referred to, about three years ago, I thought, or rather hoped, that the furplus of the re- venue might be taken at 900,000!. per ann. But it muft he confidered, that the nation was then in poifeilion of a contribution of 4oo,oocl, per ann. from the India Company, which has been fince loft. — See the Ad- ditional Preface to the 2d edition oj the Appeal to the Public on the Juk- jeel of the National Debt.
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