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1
2
3
1
2
3
4
5
6
THOUGHTS
ON THE
PRESENT STATE OF AFFAIRS
WITH
••
AMERICA.
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TH O V G HTS
\, . -_,'.v ON T H B /-.
PRESENT STATE OF AFFAIRS
;;■„,..:. WITH .■ . ,.;'
I A M E R I c A,
AND
THE MEANS OF CONCILIATION.
Py WILLIAM PULTENEY. £5,1,
• THE FIFTH EDITION. '
LONDON:
F..NT.0 ,„» J. DODSLEY .»P..t„»..,
MDCCLXXVIIl.
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THOUGHTS
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OK THE
Prefent State of Affairs with America,
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AND > i , -
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THE MEANS OF CONCILIATION.
THOSE who have ahy enthufiafm with re*
fpeft to publick matters, and who feel in
their own minds a ftrong and clear conviftion, (
with regard to any important public queftion, ar£^
apt to fuppofe, that men who profefs to entertain
a contrary opinion, are influenced by fome bafe^
factious, or corrupt motive. They make no al-
lowance for thofe natural caufes of difference of
opinion, which have exilled in all ages. They will
not condefcend to argue patiently with fuch men,
ftill lels will they fufFer themfelvcs to fuppofe*
that their own ideas may be in fome degree erro*
neous, and that the truthmay lie between the tw«
oppofite fentimcnts.
*' When civil difputcs have gone fo far, as to put
arms into the hands of each of the partieji, the
power of argument is then completely at an end.
rmj B The
t » 1
I ,
Hi I I
I I
The agitation of violent paffions confirms more-
powerfully each of the parties in their firft preju-
dices j and, until fbtiie great calamity or fome
great and unavoidable danger occafions a paufe,
the voice of reafon will in vain endeavouf to make
itfelf heard. ' -
The great queftiom which has for many years
agitated this country, concerning America, and
has lighted the flames of civil war,, affords a con-
vincing proof, with how moch violence perfons of
the firft abilities, are capable of embracing the
oppofite fides of doubtful puWic controverfy, at
the fame time that it furnifhes an interefting ex-
ample, how very little mere force, is calculated to
convince the underilandingSy or ta remove the
prsjudkcs of mankind $. and though much has
been wrote and fpoken upon the fubjeft, on both
fides of the Atlantic, it fecms to me„ that neither
fide have hitherto allowed a fufficient degree of
weight to the arguments of their o^yponcnts, nor
has the qucftion, hitherto, feeen treated with that
calmnefs, which promifed to difcover the truth, or
with that impartis^ty, which was calculated to re-
concile the naturalprejudicesof contending parties.
I Thofe who have at all accuftoined themfelve$
to reftedion, are iacKned on every ocoafion, to fuf-
pe£t the feirnefs of arguments, which are urged
^ith too much zeaL In the prefent great diiputc,,
the love of Liberty, natural to a Brkon, and
the principles in which I have been edbcated^ on
the one hand , and my attachment to Great Bri-*
tain, wlicre my p/operty, and ail my friends and
? "I d con-
T
t 3 ]
connexions are fituated, on the other ; have all
along balanced my mind in fuch a manner, as to
prevent, I truft, my running into the extremes of
either party i and as I feel myf«lf incapable of
being influenced by any baie motive, lb my care
to avoid political connexions of all kinds, has, I
hope, preferved my underftanding, in Ibme de-
gree at leaft, from being warped upon this occa-
Con. Ifi therefore, my taknts were equal to the
tafk, of canvafling properly this great queftion,
there is nothing to obftruft my doing it in a fair,
candid, and irhpartial manner.
The late events in America feem to have occa-
iicned Ibme degree of paufe i and I hold it to be
the duty of every impartial man, to feize thaft fa-
vourable moment, of laying before the public luch
lights, as he may think of fufficient importance to
call for their attention. ' '^ J -v
The fentiments which I fhall deliver, are the
refult of my own reflexions, without a view to
fervc either thofc who are in, or out of office, but
with a very fincere defire, to ferve my country in
general; and whatever refpedb I may entertain, for
many gentlemen who have enrolled themfelves on
either fide of this queftion, that refpedt fhall not
prevent me, from canvafling the fubjefk with the
utmofl freedom. - , ... v
- In treating of this important matter, I will begin
with a ceview of the grounds which have induced
the Americans to take up arms, and will confider
whether a fufficient weight has been allowed to
thefe motives^ oa the part of Great Britain. I will
B 2 then
[ 4 ]
I (
then examine the grounds and motives of Great
Britain, for rejeding the claims of the Colonies,
and infifting on the full and uncontrolled exercife
of Legiflative Power in America; and whether
the Americans have given due weight, on their
part, to thcfe motives. This examination of the
fubjedl, will naturally fuggeft the reafonablenefs
and praflicability of a reconciliation, by which
each party will depart in fome degree from their
pretenfions. .. ; . » . .-..; ., , ...
I believe there is now no doubt, that the true
motive which has united fo great a part of the
Americans in the prefent conteft with Great Bri-
tain, is the claim of Britain to a power of taxing
them by the Parliament here, and of altering their
Charters of Government, without any application
for that purpof'^ from themfelves, by the fole
power of our Legiflature. If any man doubts
that this is the cafe, let him recolleft, that, before
the sera of the Stamp Aft, there was no inftance
of any general combination in America, to refift
the authority of this country j that fuch a general
combination did immediately take place, after the
paffing of that afl, an agreement, I think, was
entered into by mod of the Colonies, not to im-
port or to confume any of our goods or manu-
faftures j but fo foon as the Stamp Adl was re-
pealed, that combination, and the non-importa-
tion agreement was diflblved, and great rejoicings
were made in confequence of that repeal, in al- *
moft every part of America. At that time many
pamphlets were publiihed in America, difcufTing
the
h
[ 5 ]
:ation
p fole
oubts
efore
ftance
refift
eneral
er the
was
lim-
anu-
as re-
porta-
icings
in al-
many
ufling
the
the right of this country to tax them, and point-
ing out the confequences which might follow,
from the admiflion of fuch a right. And fo foon
as a new attempt was made by the Aft 7th of His
Majefty, to impofe another tax upon tea and
other articles, the fame fort of general combina-
tion followed, and the pamphlet, intitled " Let-
" ters from a Pennlylvania Farmer," afcribed to
Mr. Dickenlbn, was eagerly and univerfally read.
But when all thefc taxes, except the tax upon tea,
were repealed in 1770, and ftrong affurances
were given, in the name of Government, by the
Earl of Hillfborough's circular letter to each of
the Colonies, that it was the determined refolutioa
here, to impofe no new taxes upon them, the fe-
cond importation agreement was gradually dif-
folved, though, as the tea tax was not repealed,
fome of the moft zealous Americans endeavoured
ftill to l?.eep it on foot : but the general good fenfc
of the people, when their fears were quieted, pre-
vailed then (as 1 hope and truft it will do now),
and harmony was reftored. No attempt was at
this time made, to alter the Charters of the Colo-
nies, and therefore it does not appear, that their
fears were excited with refpeft to that important
point i but the immediate effeft in America of the
Bill for altering the Charter ot the Maflachufet's
Bay, is a proof of their fentiments concerning the
confequences of fuch a power, veiled in the Par-
liament of Great Britain. !..■ ..
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Ifhall
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I fhall hereafter take notice of the arguments
of thofe who contend, that the Americans had long
ago formed the plan of rendering themlelvcs inde-
pendent of Great Britain, and that the fear of
parliamtrntary taxation was not the motive, but the
pretext for taking up arms againft this country.
At prefent I fhall take it for granted, that our
claims to a right of taxation, and of altering their
charters of government, were the true motives of
the American refiftance, and fliall conikler what
degree of juftification arifes, from the apprehen-
fion which they might fairly entertain concerning
the exerciie of thefe powers. - >^.» •. .,' ..
When the American Colonies were fuccefllvely
fettled, they each obtained from the Crown,
charters, eflabllfhing a form of civil government;
which, though differing a little from each other,
yet in all, refembling very much the Conftitution
of Great Britain. They had each an afTembly
chofen by the people, a Council refembling our
Houle of Lords, and a Governor reprefenting his
Majefty. By the united concurrence of thefe
three branches, laws were made, which liad force
ro bind all the inhabitants of the refpedlive Colo-
nies, and taxes were by them impofed -, but no
law or ad: of their Legiflaturc could comtinue va-
lid, unlcfs confirmed by his Maj«fty in council.
By this laft check, Great Britain ^im fecurcd, that
no aft prejudicial to this country couid hav« the
force of a law j for, if his Majefty had been ad-
vifed by his Privy Council, to give hi« aflcnt to
any
V€
tu
ini
V
icnts
long
inde-
ar of
jtthe
mtry.
Lt our
r their
ves of
r what
rehen-
erning
eflively
Crown,
nmentj
I other,
titution
(Tembly
ing our
ting his
af thcfc
ad force
re Colo-
but no
inue va-
council.
red, that
have the
Mien ad-
affcut to
any
r 7 ]
any fuch improper a£l, there can be no doubt, that
thofe members of the Privy Council, who gave
fuch advice, might have been called to account
by Parliament, and fubjedled to impeachment,
as well as for advifing any other abufe of the
royal prerogative.
On the other hand, by this fpecies of conftitu-
tion, the Colonies were pofTeflfed of a controul,
lituatcd upon the fpot, and placed in the hands of
the repreicntatives of the people, upon the Go-
vernor or executive power in each Colony. They
had alio a general controul upon the adminiftra-
tion of jufticc ; and the fame Ibrt of general fu-
perintending and inquifitorial power, for control-
ling public abufes of all kinds, which belongs to
the Houfe of Commons in this country ; and the
members of Aflcmbly claimed, and by ufage ac-
tually enjoyed, all the pcrfonal privileges within
each Colony, which belong to the members of the
Britiih Houfe of Commons.
Every perfoa who has at all confidered the
Conftitution of this kingdom, muft know, that
the eflence of the liberty of a Briton, confifts in
the controlling power of the two houfes of Parlia-
ment, without which» the prerogatives neceflarily
veiled in the Crown, and the neceflary difcre-
tionary power vefted in thofe who adminifler ju-
ftice, woukt, in fpite of the bcft laws, tand 'm fpite
even of the controul of juries, that ineftitttible
inftitution, perpetually tend to abufe, and tha£
Britons would ocberwife feel in fomc degree, duiC
c: degrading
^-■wV
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: ,
I III
I
III
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[ 8 ]
degrading anxiety, which, in other countries, de-
bafes the human mind, under every fpecies of ab-
folute Government.
One of the moft material fupports of the con-
trolling power of the Houfe of Commons in this
country, is its power over the public purfe, and
that no money can be levied upon the people
without the vote of that houfe ; and though a very
great revenue in taxes is now eftabliflied by per-
manent ads, for the intereft of the public debts,
and other taxes to a large amount are granted to
his Majefty for life, as the expence of his civil
lift ; yet the land tax and the malt tax have ne-
ver been granted as a perpetuity, and for a long
time paft, thefe taxes have only been voted an-
nually. Without the grant of thefe. Government,
on its prefent footing, could not go on i for though,
in times of peace, the taxes eftabliflied for the in-
tereft of the public debts, afford a fu/plus called
the Sinking Fund, which comes into the Exche-
quer annually without any new vote ; yet that mo-
ney could not be applied by Government, to any
othei purpofe than the payment of part of the
p blic debts, without confent of Parliament i nei-
ther would that furplus, if feized illegally by the
executive power, be fufficient to pay the expence
of the loweft peace eftablifliment.
His Majefty is therefore under the neceflity of
calling both Houfes of Parliament together an-
nually, in order to have the land and malt tax
voted i and when they arc called, they have a right
4 to
i
t ^ ]
flity of
her an-
lalt tax
a right
to
I
•
♦o inquire into all abufes, and to fefuie voting the
money until thefe abufes are redrefled.
In former times, the dignity of the Crown was
fupported by the revenue of the Crown lands, and
the hereditary revenues to which the King, as
feudal Lordj was intitled. During that period,
the Crown was not under the fame neceffity, as
nowj of calling Parliaments annually together, in
order to obtain the neceflary grants of money ;
and accordingly it often happened, that Parlia-
ments were not called for manv years j by which
means, they were deprived of the opportunity of
redrefling grievances, or of enquiring into abufes.
The alienation of the Crown lands, and the abo-
lition of the feudal tenures, has undoubtedly put
the Crown more in the power of Parliament than
formerly J but as that dependanee has obliged the
Minifters of the Crown, to pay more attention to
the fecuring a conftant majority ii\ Parliament, the
burdens of the State have undoubtedly been there-
by greatly increafed, and this country, pays enor-
moufly, for the change which has happened, in the
ifiode of exercifing the influence of the Crown,
which formerly confided in prerogative, but now
confifts in the influence of Minifters upon the par-
ticular Members of both Houfes; and upon the
Ele(5lors of the Houfe of Commons. • -
I do not however adopt the idea of thofe, who
feem to think, that the Corruption of Parliament
has arifcn to fuch a pitch, that it has become
merely an engine in the hands of Governmento
There are, 1 trufti a great majority in both Houfes,
" C who
fT
ill::
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^vho would refift with the fpirit becoming free-
men, any dired attempt in. the Minifters of the
Crown to overturn the liberties of this countiy ;
and I believe and truft, that there is a ftill greater
majority in the kingdom, who would, upon a
like occafion, difcover their refentment in fuch a
manner, as would make the Members of the Le-
giflature, as well as the Minifters of the Crown,
tremble for their own fituation. I do alfo firmly
believe, that the general voice of the nation, will
for a long, and I hope for a very long time, con-
troul the proceedings of Parliament, in fpite of any
corruption of the Members, efpecially, whillt
our ftanding army is reduced in time of peace,
and is compofed of native troops, and command-
ed by gentlemen of property i and that the fpirit
of our Militia is preferved. But at the lame
time, I acknowledge, and every man muft feel,
that the influence of the Crown upon Parliament,
is already an alarming circumftance, and that the
expence of conducting Government upon that plan
is enormous ; and as the progrcfs of defpotifm in
this country, by the road of influence, is likely to
be (low and almoft imperceptible, there is reafon
to fear, that it may not therefore excite a general
alarm, till it be too latci nor can it efcape obferva-
tion, that the ftanding army of France is almoft
entirely compofed of national troops, and is com-
manded by the bcft families in the kingdom i and
that in feveral inftances in ancient times, and at
prefent in Sweden, Denmark, Ruflia and Pruflia,
an army of national troops, has the care of thofc
chains
I
c
II
1
free-
»f the
ntiy ;
reater
pon a
fuch a
le Le -
)rown,
firmly
n, will
, con-
of any
whilil
peace,
imand-
e rpirit
e lame
ft feel,
ament,
lat the
lat plan
►tifm in
iely to
reafoiv
general
bferva-
almoft
IS com-
mj and
and at
Pruflia,
lof thofc
chains
chairt's, which arc wreathed round the necks of
theiV unfortunate 'felIo'w-fubje(5ts.
At prefent, undoubtedly, this country enjoys a
^eg'ree of liberty, which may excite the envy of
the whole world : but perhaps there are few
amongft us, who h^ve duly conlidered, that
whatever part of Our freedom arifes from the
controul of Parliament) depends Upbn fo flight ^
circumftance, as that which I have already men-
tioried, namely the neceflity the Grown is under of
calling Parliamertt tOgfcther, in order to vote the
Land and Malt tax annually, and th« Mutiny
Bill, which necellity would not exift, if thefe a<5ls
Were made perpetual, of to endure for the life of
the King. When thefe bills pafs annually in the
HOufe of Commons, they are confidei^ed fo much
as a matter of courfe, that unlefs an augmfentation
of the Land tax, or other alteration, is propofed,
few members give their attendance in the Houfe,
and a ftill iltialler number give any attentibn to a
matter of fo much real confequencfc, -
The American affemblies did not.irldeed fenjoy
the fame degree of controul upOn the executive
power here, becaufe the Government of Great
Britain could go on, although they were never
called together. But as their grants of money foi'
their own internal government, were annual, as the
faiaiics of their Judges and Governors, confifted in
part, till lately, of annual grants made by the re-
fpettive aflembliesj and as therefore the public
bufinefs of the province, could not well go on, with-
out their being annually called together, they had
C 2
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enjoyed that advantage, with very littic intcrrupT
tion, till the coipmenccment of the prefcnt coAt
reft. • • •
The effect which this controul produced upon
the profperir/ of the American Colonies, has
been very remarkable. They have gone on en-
creafing iq wealth and populatipn, in a manner
never before experience4 in the world, becaufe
they enjoyed a degree of happinefs and liberty,
which, in provinces diftant from the feat of Go-
vernment, has no example in any former age. r
•v Neither this happinefs, nor this fuccefs, was the
child of accident; they have had Governors of ajl
tempers and pf all defcriptions, but the happi-
nefs of the people has notwithftanding been very
little interrupted, and their prpgrefs in ajlmoft every
kind of improvement has hardly met with any
check. This can only be afcribed to the excellent
nature of thpir government, fo happily contrived,
for controlling all abufe in the executive power,
and fo well fitted to eftabiifh, froiri time to time,
Ipvery kind of ufeful inftitution for the intereft and
happinefs of the people.
It has been faid by a political party-writer,
that thefe aif^nr^blies were to be confidefed in no
other light than as corporations or yeitries in Eng-
land, which have power to make bye-laws, and to
levy money for certain purpofes, but have no
pretext to a power independent of the Britilh
Parliament. - > - -<
The queftion of their right to an independent
power, will be confidered in another place; it
• ' ■ •
is
«
ft)
[ '3 ]
rrupT
COIIt
upon
, has
m en-
lanner
ecaufe
iberty,
if Gor
vasthe
s of aU
happi-
;n very
[t every
ith any
:cellent
ntrived
power,
o time,
eft and
.writer,
d in no
in Eng-
and to
lave no
Britifh
pendent
acei it
' is
is fjilicient here to obferve, that even if it were to
be admitted, which is far from being the truth,
that they deferved no better name than that of a
Veftry, they were Veftries which communicated
to the inhabitants of each refpedlive Colony, the
fame fort of freedcn and fecurity, and the fame
fort of controul upon the executive and judicial
powers in that country, which the Parliament of
Great Britain or the parliameht of Ireland, com^
municate to the inhabitants of thefe iflands.
There can be no doubt, that the parliament of
Great Britain had pafled many laws to bind
America i they had impofed duties upon goods
imported into thefe Colonies, and had fubjedled
their trade to many reftri6tions ; they had even, in
fome few inftances, impofed taxes upon them
which may be called internal, though I recoiled
only that of «he Poft Office. And it feems to ms
an undeniable propofition, that before the year
1754, it did not occur to Great Britain on the
pne hand, nor to America on the other, that
there was any reafonable doubt, of the univerfality
of the power of the Britifh Parliament, to bind
the Colonies in all cafes whatfoever, although that
power, except with regard to matters of trade,
had been ufed very fparingly. I am aware of
what pafled in the reign of King William, and
alfo that at diflrerent times fome of the Colonies had
claimed an exemption from the power of Parlia-
ment, and that fome of our ftatutes had not been
(triply e;tecuted there; but wc never had admitted
'■,■•• ■ ? ■• ' theic
T
I
I I
i:i
I ii
('111 I
■^\ ■
It .
I'':
! I
fi I
iti
I
C .>4 3
thcfc claimsj and the Colonies had certainly ifc*.
quicfced. --v.. - i .^' «' '■ ^ <• .; 'U' -^ - •■•♦•'■■ "'-'
In the year 1754, however, the niattdr under-
went a very ferious difcuflion. The confimon
danger of the Colonics from the impending
French war, occafioned a meeting at Albany, of
Commiflioners from many of the Colonies, who
formed a plan, for cftabliJfhihg a Grand Council, of
members to be rHolen by the feveral Alfemblies,
which, with a Gt> .Tnor General to be appointed
by the Crown, Ihould be empowered to make
general laws to raife money in all the Colonies for
the defence of the whole. This plan was fent to
Government here, for approbation. The plan
was not approved} but a new one was formed
in place of it, by which it was propofed, that the
feveral Governors, and one or t^o members of
each Council fhould aflemble, and fte empowerted
to determine on proper meafures for the common
fafety, and to draw upon the Treafury of England
for the ncceflary expence, and that the Treafury
Ihould be reimburff'd by a tax upon America, to
be impofed by the Britifh Parliament. This new
plan was communicated by Governor Shirley to
pr. Franklyn, then at Boflon, who having de-
livered his fentiments upon it in converfation,
he was defircd by Governor Shirley, to commit
to writing the particulars which he had ftated in
that converfation. This he did in a letter ad-
firefTed to the Governor, which occafioned a fecond
ponverfation and a fecond letter. Thcfe letters
^crc no doubt tranfmitted home by Governor
Shirley,
I
♦-'
inder-
rtimon
ending
my, of
$, who
hcil, of
mblies,
poihted
) make
mies for
5 fent to
he plan
formed
that the
Tfibers of
powered
coinmon
England
Ireafury
erica, to
This new
irky to
ing de-
erfation,
commit
ilated in
tter ad-
a fecond
Ife lettefi
over nor
Shirley,
#»
Shirley, and I dare fay will be found in the pro-
per office here, and the effeft of thera was, that
no mention was made of taxing Ameriqlj^uring
that war. A Congrefs was afterward autliorifed
to meet, and feveral requifitions for aids were
made in name of the Crown to the American af-
femblies, which were complied with, in a very li-
beral manner. The letters were afterwards pub-
lifhed in the London Chronicle of 8th February
1766, and have fince been republifhed in aFrcnch
Edition of Dr. Franklyn's works. I have now
fubjoined them in the Appendix.
In thefe letters, the American objeftions to
their being taxed by the Britifh Parliament, are
fully, ably, and clearly ftated i and thofe who read
them with attention, will probably think, that
hardly any thing new has fince been fuggefted
upon that fubJ€<5t. - ^ . '-
The fubftance of the argument contained in the
letters is, that the Americans, by the reftriftions im-
pofed upon their trade, did in fad: contribute their
proportion to the general public expences : That
therefore any farther taxation Would be tJrijuft J
That they arc not reprefented in the Britifh Parlia-
ment, and therefore the power of taxing them could
not be I'afely trufted there : That their own afTeni-
blies were competent to the power of taxing themy
and being chofen by themfelves, were not likely to*
abufe that power : That the compelling the Col^
nies to pay money without their confent,, would
be. liilic raifing contributions ia an enemy's coun-
try,
I i
'«
1!^"
* H'
! Th
[ 16 ]
try, and would be treating them like conquered
people, and not as true Britilh fubjecls. gk
Thefe papers prove beyond difpute, that the
American obje<5bions to parliamentary taxationy
were not firft fuggefted by factious men here, but
were the refult of ideas, which naturally occurredy
from a confideration of the fubjefbj amongft
themfelves. Dr. Franklyn had indeed been in
England in his early youth, but returned to Ame- ■■■■
fica in 1728, long before this queftion was ftart-
edj and refided in America till about the year
1758. The light which the Earl of Chatham may
have derived from thefe letters, will, perhaps, ac-
count for the line of condu<5l which he obferved, in
avoiding all attempts to tax America, during the
war of 1756, though that war was confidered, as
undertaken ehiefly, on account of our American
Colonies, and alfo for the oppofition which he
gave to that meafure, when propofed by Mr. Gren- ,
ville, and for the uniform fentiments which he has 1
entertained concerning it ever fince.
Having premifed thele obfervations,- let us con-
fider the merits of this queftion^ a little more clofely.
It muft appear, I acknowledge, at firft fight,
an extraordinary propofition to an Englifhman,
that there Ihould be any bounds to the power of
King, Lords, and Commons, which, from his
infancy, he has been taught to confider as fupreme j
and it will be difficult for him to admit, that the
Parliament of England^ which has protected the
liberties of this country, and has exercifcd without
.4 3 controul ©^
m
at the
tationy
■e, bue
:urredy
Tiongft
)cen in
I Ame-
s ftart-
le year
immay
ips, ac-
fved, in
ring the
Kred, as
merican
hich he
r. Gren-
h he has-
: us con-
•clofely.
ft fight,
ifhman,
)ower of
om his
upreme }
that the
:6bed the
without
controul
[ 17 ]
controul the power of taxing us, (hould not be
eonfidercd, as fit to be tnifted, with the power of
taxing the Colonies ; that when fo great a part
of the inhabitants of this kingdom, are taxed with-
out being reprefented, the Americans fliould pre-
jtend, that the fame prafticc ought not to extend to
them^ and .that they-canbewell-fou^nded, in main-
taining fo dangerous a do<5lrine, as that the fu-
preme power of the State is limited in its autho-
rity, and the unity of empire deftroyed, with re-
i*pe(5b to a particular part of that State, and with
refpedl to a part too, which was confidered as very
unequal to a conteft with the whole.
But the beft method of judging fairly, in que-
ftions with others, is to put one's felf in the oppo-
fite place.
Let us fairly confider, for what realbn it is, that
the Britilh Parliament has been trufted, almoft
without complaint, for fo many ages, with the
power of taxing the unreprifinted part of England,
in order to fee, if the fainc reafon will apply to
America j for I do not deny, that Parliament does
in this ifland, tax great bodies of people who are
not reprefented j and I alfo admit, that the adlual
reprefentation of the people of Great Britain is
very far from being pcrfeft. It may be true, in
fome meafure, that every foot of land is repre-
fented } but wli^en we confider, that the whole coun-
ties of England fend only eighty, and Scotland
thirty, and Wales twelve Members to Parliament,
out of five hundred and fifty-fix, the total number
©f the Houfc of Cojnmops j it i» in vain lo argue,
D that
«l
li
b'i
t •« ]
that the people of England arc rcprefcnted in a
proper manner, by thole who arc eleded by the
owners of land ; and as the Conftitution has air
idwed a numerous feparat^ Reprefentation {qr the
towns, it may be fairly faid, that aU thofe confi-
derable towns which fend no Members, fuch as
Manchcfter, Birmingham, Hal'fax, &c. and a
great part of our people befides, are not reprc-
lented in Parliament. '* '•* '**' ^ ' ■^''' " ■ '-' '■ '
But the true reafon, why fo little inconvenience
has heen hitherto felt, from this defedt or inequa-
lity of Reprefentation, muft, I apprehend, be de-
duced from a circumftance, which, fo far as. I
know, has never been fufficiently attended to, by
any political writer, and which, though efta-;
bliflied by no law, is of the utmoft importance in
this Conftitution. I mean the ufage of Parliament,
by which it impofes all taxes in a general manner,"
fo as not to tax any particular diftricb or part of
the kingdom, while other parts of the kingdom
are not taxed ; but impofes the tax on all perfons
poflTefling the property, or confuming the taxed
commodity, in whatever part of the kingdom they
refide. The^-Land Tax, and Window Tax, for
example, are impofed upon all the land and win-
dows of England, in whatever county fituated,
and are not impofed on Yorkfhire alone, whilft
all the other counties pay nothing. In like manner,
the: Malt Tax is not impofed on the malt made in
one county only, but on all the malt made any
where in England. The duties of Cuftoms affedl
ihe importation and exportation of goods at every
m
pi
ICC,
;ed in t
i by the
has air
I fqr the
le confi-
fuch a»
. and a
t reprc-
■ '. „><■--» ..
/enicnce
inequa-
, be dc-
far as. I
:d to, by
gh efta^
rtance in
liannent,
manner,
part of
kingdom
1 perfons
be taxed
iom they
Tax, for
and win-
fituated,
e, whilft
manner,
made in
nade any
•ms affiedl
i at every
place.
r «9 T
place, and the duties of Excifc extend to all cx-
cifeaWc goods in every part of the kingdom.
There are many inftance* indeed of fpccial A6I9
ef Parliament, obtained upon petition of the inha-
bitants, by virtue of which duties are levied in
particular places, and not elfewhere } bijt the mo-
ney j|s>^ in fuch inftailcc?, direfted to be applied to
public purpofes in that particular place, which
precludes any objection to the tax. I believei
however, tliere is an inftancc or two, of duties le-
vied at the port of London, particularly on coals,
which duties are not levied in any other ports of
the kingdom i and yet the produce of the duties
is not appropriated p public purpofes within Lon-
don or Middlefex, and I am not at prefent able
to explain the reafon of that deviation from the
general rule* But the ufage, as to all public
taxes for the exigencies of the State, may, notwith-
Handing, be confidered as univerfal j namely, that
they are not confined to any particular place, but
are general over the whole kingdom,. j^/^ , ■' ^,^;
The effett of this ufage, with refpcc^ to th«
point in queftion, is of much more confequence
thjio may at firft fight appear. Though Man*
cheiber and Birmingham, for example, are not re-
prefcntcd; yeti as the tax which afFeds them, is a|:
•t^ fame time impofcd upon all t\\e fxlaces in thp
kihgdom which ar«^ repre^nted, if the tax were
•gricvDus and oppreflivc, it would excite a general
difguft, and the voice of t^e pepplc ingeneral, being^
fiigarmftit, w»wldxheck and CQnsr<i>vl^ n.Q^oply the
t»>»i<^ji r«
D 2
error.
1.1 '' 1
■•"1!
1
II'
Mi
I'l^i
l!
jl
!
crrofj but even the corruption of Parliament. I do
not lay much weight in this cafe upon another cir-
cumftance, that, by the univerfality of the tax, it
mull afFed the Members of Parliament them-
felves, who vote for it j becaufe it is impoflible to
difguife, that as things now ftand, the majority of
both houfes may enjoy fuch emoluments from
the Crown, as will more than compenfate their
particular fliare of the tax ; but as they will
not o ly tax themfelves, but their conftituents,
and not only their conftituents, but the whole
body of the people, an irrefiftible check muft
thence arife, to every remarkable abufe of the
power of taxation, until, by the means of a nu-
merous fta:ndmg anrry, the liberties of the p( »plc
are entirely at an end. ^ '^' *^'*^'-'^ • - ' ■"''^'' ' ' -"^
The efFe(fl of this check, anling from the uni-
verfality of all taxes, ope«-^tes, we know, withre"
fpeft to Scotland, tvhich certainly could not other-
wife be prote6ted, by fo fmall a reprefentation as
forty-five Members out of five hundred and fifty-
fix ; nor by the ftipulation made at the Union, by
which the amount of the land tax is in feme degree
limited as to that country* I'hat limitation is not
abfoliue, fo as to prevent the land tax from being
ever increafed ; but is wifely contrived in fuch a
manner, as to render the Engliih Members, the
proteflors of Scotland J for it was ftipulated, that
when the land tax in England fhould amount to
-1,997,763/. 8 J. 4|<y. the land tax in Scotland
fliould be only 48,000/f free of all charges, by
/^i-» 6 . < I which
K
Jt
[
2X
1
which means, though that tax may be incrcafcd,
yet no fuch increafe can be made, without, at the
Tame time, a proportional increafe i'^ England.
m If Parliament (hould deviate from this ufage,
^ and fhould attempt to tax Yorklhire, for example,
when no other county was taxed, every one muft
fee, that the thirty members fent from that county,
|| could afford to it, very little protection againft the
remaining five hundred and twenty-fix Members
which compofe the Houfe of Commons ; and the
tax would be unjuft, becaufe in voting fuch a
queflion, the other Members could in no fenfe be
confidered as virtually reprefenting Yorkfliire,. their
intereft not being the fame with that of Yorkfhire,
but direftly oppofite; for by taxing Yorklhire,
they would diminilh the burden upon themfclves
and upon their con flituents. ;....,„: ..-.i
But although the protedlion of anjr particular
part of the kingdom, againfl the proceedings of
Parliament, is not fo much founded on the votes
of the aftual members fent from thence, as upon
the univerfality of the proceedings of Parliament
which therefore naturally unites, not only all the
Members, but the whole kingdom, in oppofing
what is wrong j yet reprefentation is, on many
other accounts, of great moment to thofe places
which eleft Members, for it immediately and iri»
timatejy connefty each individual of the elcdtorsj
and all rheir friends and even acquaintance, with
the reprefentative and his friends, and thereby i^y
cures to them a degree of protccUon from injury
ard cpprelTion, which, with rcfpe^l lo the infe-
i: rior
'""■:
1
I '
i
:|
•I,
|H
i
4!
I' <
'.I ,
t
ai
I
Hor ofdcrs of mankind, exifts no where elfc in any
quarter of the globe* This fort of protedtion ex*
tends much wider in England than it does in Scot-
land, becaufe in England the right of voting de-
fcends to a rauch lower clafs v and, accordingly,
the common people of England have evidently
ftroAger feelings of independence, than thdfe of
other countries, ^-^j jjIi (..V ,»; ^.J .nui./i jjij;;)j
v" Thefe are fome of the great advantages, which
the inhabitants of this illand derive from repre-
iJentation in Parliament. Iti the confiderabde townsi
which fend no Me mbers^ there are always, great
numbers of voters for the furrotuiding counties,
pr for other towns which lend members, who
communicate proteftion to the reft, and the whole
rcprefentatives of England, are to them aprotcc*
tion, againft exorbitant taxation.
i. But if America were to be taxed by a Brltilh
"Parliament, would that country enjoy the fame
protection, and are the Members of the Briti/h
Houfc of Commors to be codfidered in any re*
Ipeft as virtual reprefentatives of tliat coimtry ? 'i
»'The fyftem of laws cbnoeming the trade of
America has deprived them of many of the im-
portant advantages of Englilhmen, ami tlitTtforc
we could not, without injufiioe, impofe upon
them the feme taxes to which we ourfelves arc
fubjed. Indeed, by compelling them in a manner
to take our gobds at our own price, and obJigirtg
<hem to fend their goods hefe, to be fold iii-^ffcdl
am our price, we hy upon t^il^rrt a large fhttM df
ottt taxe?: but M^^ afrthotjuftly extend to <hett1>
w'.i the
fc in any
Stion ex*
► in Scot-
)ting de-
jrdingly,
jvid«fttly
i thdfe of
'.iiii i^u; >^-
s, which
m repre*
He rownsi
^ys: great
counties,
ttii who
the wliok
aprotcc*
1 Brltilh
the lame
i€ Britifh
n any re*
amtry ? .
trade of
f the iiti-
thertfdre
lofc upon
felvi'^s arc
a mannef
i obliging
; (haW6f
ta<hem>
the
I «3 1
the fame taxes which we impofe upon Curfdves,
whilft we deprive them of an equal privilege in
trade, if we were to tax them further, we muildo
it by a fpeciaj tax to be levied in America only, i^nd
no part of it to be levied on ourfclves. Inftead
therefore of a common intereft in our five hundred
and fifty-fix Members of Pirliament, to protect
them from taxation, our whole body of repre-
fentatives would have a common jnterefl: to ta3t
them, in order to lelTen the burden on ourfelvesr
No murmurs from England can be expeded to
arife, upon occafion of any new tax to be paid by
America, but on the contrary an univerfal joy and
approbation. No member would run the ri(k of
offending his conftituents, or of lofing his feat, by
voting for luch a tax j he would read in the coun*
tenances of his friends and acquaintance, no mark*
of difapprobation j he would lee in his neighbour-
hood no fymptoms of the mifchiefs arifing from the
moft oppreffive taxes -, the cries of the Aniericans,
from beyond the Atlantic, v/ould hardly reach his
ears ; and as he is not eledled by them, there can-
not exift that conneftion, which would bind ' '"\i
to afi-brd any individual, his protection from the
moft illegal inlult and violence.
This is not all j if the pra6^icc of taxing Ame-
rica here had been once firmly eftablifli'ed, does
any man doubt, tliat the executive power, th«
governors, judges, and officers of all kinds, would
foon have been rendered entirely independent of
the people and alfemblies of that country, fo as to
kavc their condud without any cantroul cxifting
there.
' !■;
ill.
li
il"'
iP'
il
ii
fih'i
I'
Ifl
■HI'
li. .
it !
. 'II
.'It
*
!U
'I'' ii.j
[ H ]
there. Many fteps had been taken with that
view, whilft our right of taxation exifted only in
idea, and we had eftabliflied Courts of Admiralty,
and of Vice Admiralty, for the trial of a great
variety of caiifes, without the controul of a jury,
founded on a fufpicion, that our Government was
fo difagreeable to the people, that juries there
w«rc not to be trufted, but would perjure them^
felves, rather than give vcrdids agreeable to truth
and juftice.
Can it be doubted, that if we had eflablillied
the power of raifing money in America by ouf
own votes, we would foon have found, that the
Provincial Afleniblies were nurferies of faftion,
and that they tended only to clog the wheels of
Government ? Is it to be fuppofed, that our Go-
vernors would have wifhed to preferve fuch a
check upon their own proceedings j and would
we nor hnve liftened more readily to the reprefen-
tations of our Governors, than to the remon-
llrances of a helplefs unprotected j^ -^ople? — Would
not the ronfequences have been, that, by degrees,
the calling of aflemblies in the Colonies would
have been entirely difcountenancedj and would not
then a degree of defpotifm neceffarily have enfued,
in every part of that continent ? Every obje<il of
ambition in that country would have been at an
end ; the confcioufnefs of fecurity, and of inde-
pendence, which is the pride and glory of free
men, would have been baniflied from every breaftj
the difpofitions and principles, the bafenefs,
treachery, cowardice, and indolence, which ar^
^ the
; «
I 25 ]
th that
only in
niralty,
a great
a jury,
lent was
es there
I them-
to truth
abliflued
by ouf
that the
faftion,
wheels of
our Go-
p fuch a
id would
eprefen-
remon-
-Would
degrees,
s would
rould not
I enfued,
objed of
;n at an
of inde-
j of free
y breafti
bafenefs,
hich arc
the
(l»e rhildr^n of defpotil'm, would foon have dif-
fuffd themfelves over every part of that unhappy
country.
It may be faid, that no defpOtifm could have been
feftabliflied there, becaufe they would ftill have en^
joyed the laws of England ; but v/hat arc the laws
of England, without the check of Parliament upon
the executive and judicial powers, and without the
protedtion of juries; and is it certain, that we would
long have fulfered them to enjoy the laws of Eng-
land? Had we not already, in a great meafure, de-
prived them of juries, in queftions with the Crown,
by means of our Admiralty Courts ? Have we not
deprived the inhabitants of Canada of juries, ex-
cept in criminal cafes j and have we not refufed
that ineftimable privilege to our fettlements In the
Eaft Indies ? How little care did we heretofore
take, in the appointment of proper judges to be
fent to America ? Of late, indeed, fome attention
had been ihown to that department, but how
Jliamefully had the prerogative been for a long
time perverted, in that important and ^facred
branch ?
Bcfides the natural tendency, which Parliament
uncontrolled, wouJd have had, to impofe tixes oft
America i the Mirtifters of the Crown, would, irt
future times, have had a peculiar incitement to
increafe the public revenue in that quarter, be-
caufe it would have afforded an opening for great
numbers of new offices, to be enjoyed by their
dependants here, and executed there, by half
ftarved and rapacious deputies.
£ It
m
■ 'I'i
i
!ii.
■,'«iii
n
l::
i'! ' I
[ ^^6 ]
It Teems to me, that America, under fuch 9
fyftem, mull have llood in the fame fitiiation
with refpcd to this countryy in which the people
of England would have itood with rcfpedt to- the
Crown, if the claims <^ Charles the Firll,. to fevy
money by his own authority, had prevailed*-
They would have been fubjedl to- be taxed 1^ a
power which had no natural check or motive to
fpare them,, except what might arife from hu*
manity and indulgence. It was argued for
Charles the Firfl,, that the Parliament was fadiousj
that, it ob(lru6led the public fervice j that his Ma-
jefty could not be inclined to* oppreltj his people,,
fincc his own glory and profperity was connected
with theirs j that his Privy Counfellors, and thol^
appointed by him to high offices, would natu-
rally be chofen from ajnongll the principal meo?
ia the kingdom,, wlio could not be fuppofcd to-
concur in any thing injurious to the facred liber-
tics of their country j that the right of the Crown
to- levy fhip-mo<ney, was eftablifhed by innume-
rable precedents, and was not a new right, j and
that, therefore^ thofe who contended againfl it^
^y€re merely a fet of fanatical fadlious men^ wha
wiflied to make themlelves of importance to' the
prejudice of the cftabliflied conftitution of th€-
kingdom. Thefe fort of arguments had at that
time fuch weight, that they impofed oa tl\c under-
ftandings of a great pait of the kingdom,- and the
pretenfions of Charles the Firit were fupportcd by
\^ large. proportion of the Englifh nobility. For-
tunately, however, thefe pretenfions did not prc-
., - vail.
fit
%''^rr
^^m
'%
fach a
Luation
people
to the
to levy
jvailed.'
:d by a
)tive to
)m hu-
i€d for
tidiousj
[lis Ma-
people,.
>nnede4
[\d thole
d natu-
pal meij
^ofcd to-
d liber-
Crown
nnume-
Ihti and
ainft iV
ny who-
to the
of thc-
at that
under-
and the
rtcd by
For-
xt prc-
vaily
f 27 ]
vail, and the exclufive right of Parliament to grant
the money of the people, was vindicated, though
not without the effufion of torrents of blood.
It w'll make Jirtle difference, that in this cafe
it is Hot a fingle perfon, under the title of King,
who claims the power of levying money on the
Colonies, but the united power of King, Lords,
and Commons ; for, with refpe6l to America,
that united body of men flanci exactly in the place
of one Monarch ; they are as much difcngaged
from all check or controul, arifing from the per-
sons who are the obje<5ls of taxation, as Charles I.
was with refpetl to the people of England ; and
the experience of mankind has fhewn, that free
ftates have often exercilcd a more cruel and re-
lentlefs tyranny, over other ftates fubjedt to their
dominion, than has been ufually pracftifed by a
fmgle Monarch. Our ov/n hiftory proves, that
the condud of thole great defenders of freedom,
who eftablifhed the Revolution, was not a little
defpotic, with refpedt to Am^L^rica.
Such then was the profpev.'l of America^ if they
had patiently fubmitted to Parliamentary taxa-
tion} and I think I can appeal to the breaft of
every honeft Englifliman, whether, if he had been
fettled in America, and had viewed the matter in
this light, he would not have facrificed the laft
drop of his blood, rather than have fubmitted to
liich a claim,
That the true ground of diftindtion, between
•our taxing the utireprefentcd parr of England,
and taxing i\merica, has not been heretofore fuf-
E 2 ficicntly
Jt»i
\¥
m
^IH'
[ 28 ]
ficiently attended to, will appear, by examining
the various political tradls which have been wrote
to prove our right, and the juftice of *the prefent
war. Do(ftor Tucker, Dean of Gloucefter, has
canvafled this fubjed: very ably, in a treatife,
lately republilhcd.with four other tradls, entitled,
" Letter from a Merchant in London to his Ne?
" phew in America," which was wrote before thq.
prefent civil war commenced. I have annexed,
in the Appendix No. IL an Extrad from that
•yvork, and another Extract from a pamphlet which
has pafTed through many editions, entitled, ** The
*' Rights of Great Britain aflerted againft the
?' Claims of America, being an anfwer to the De-
" claration of the General Congrefs." In neither
of thefe ingenious publications, is any notice taken
of this important diflindion, though every other
argument, which either has been, or perhaps can
be urged in favour of America, is very fully and
learnedly difcuffed.
Mr. Grenvillc too, in the Houfe of Commons,
wlien he oppofed, out of office, the repeal of the
Stamp Act, appears, by the printed account of his
Speech, to ha/e defended the fyftem of. taxing
America, upon no other ground, than the pov/er of
Parliament to tax the unreprefenied part of Eng-
land. The Earl of Chatham, indeed, in the ra-
pidity of a reply, flightly touched the diftindion,
in one fentence, but did not, I think, dwell fuf-
ftciently upon it, to bring it home to the feelings
and underftandings of the nation. His words, in
anfwer to Mr. Grenville, as printed, were thefe,
♦* The
yr
k
mining
1 wrote
prefent
:er, has
treatife,
ntitled,
his Ne-
fore the
nnexed,
)m that
It which
, *^ The
inft the
the De-
i neither
ce taken
ry other
laps can
jlly and
mmons,
i\ of the
nt of his
'. taxing
power of
of Eng-
the ra-
bindion,
wcU fuf-
feelings
i^ords, in
re thefe,
«* The
(C
<c
ff
€C
cc
IC
[ 29 ]
?' The Gentleman tells us of rnany who are taxed
*« and are not reprefenced. The India Com-
pany, Merchants, Stockholders, Manufadurers.
Surely many of thefe are reprefented in other
capacities, as owners of land, or as freemen of
** boroughs. It is a misfortune that more are
*• not a6tually reprefented. Bui they a?-e all Inba-
** bit ant s^ and, as fuch, are virtually retrefented,
*' They have connexions with thofe that elect,
*' and they have influence over them. The gentle-
man mentioned the Stockholders, I hope he
does not reckon the debts of the nation as 4
part of the national eftate. "
That the Americans, however, felt the full
force of this objedion, though they have not dated
it in words, there can be no doubt. The quef-
tion was ftirred in 1754, and the dangerous con-
iequences explained by Dr. Franklyn, refiding in
America, long before the Stamp Aft. That fub-
fequent attempt, by Mr. Grenvillc, in 1764, re-
called their attention to it, and it was difcufled in
many printed pamphlets, and in mod of their
news-papers. It is well known, that the lowed:
clafs of people in America, are taught to read, and
that publications concerning public matters, which
being untaxed are cheaper there than here, areuni-
verfally difperfed. In fuch a country, it was eafy to
intcred every man, from the highed to the lowed,
in a quedjon of fuch infinite importance to all ;
and this feems to account fufficiently for the united
and pcrfevering refidance, they have hitherto fuc~
cefsfully made.
Whether
■ .i
i ^i
■r,
•iniHiiiii
C 30 1
Whether from the amaziAg force of this coun-
try, we might not hayc luddenly overwhelmed
them, if the degree of refillance had been fore-
feen, is a queftion, which it is not neceflary
for me to difcufs, my objcdl being only to ex-
amine the grounds they had for that reliftance. '
But it may be faid, that if it is admitted, that
Parliament had always exercifed a fupreme autho-
rity over the Colonies, it is not afuificient ground
to overturn an eftabliflied right, to affert, that
fuch a right is liable to abufe, and that good reafons
can be given why it ought never to have cxifted.
1 allow that this argument has great weight,
becaufe a contrary dodrine would unhinge moft of
the Governments which now exifl in the world ^
but in the prefent caie, the exercifc of taxjition^
with the exprefs view of raifing a revenue in the
Colonies, was an innoz'ation j the Colonies had not
acquiefced in it ; the matter came to bo difcuffed
upon the firft avowed attempt ; they law the dan-
ger, and as it was contrary, in their apprehenfion,
to the fpirit of the Conftitution, which in this
ifland has eftablifhed conftitutional checks upon
fhofe who impofe public taxes, it is not to be
wondered that the Americans refifted the claim^
The right of Charles I. to levy Ihip-money withr^
out the confent of Parliament, was much better
founded in precedent, than our right to tax Ame-
rica ; but our anceftors wifely thought, that even
thcfe precedents, however ftrong, could not fup-
port a power which was fo dangerous to their
liberties^
■•'%
S COUH'
helmed
;n fore-
eceffaiy
r to ex-
ance.
d, that
; autho-
ground
rt, that
reafons
xiftcd.
weight,
moft of
world J
ax^ition^
e in the
had not
ifcuffed
le dan-
lenfion,
in this
s upon
to be
claim,
withf^
better
Ame-
it ever>
3t fup-
their
I [ 31 1
But it has been faid, that the Americans had all
along a fcheme of Independence, and that our
claim of taxation was only the pretext ir.ade uk
of for refiftanccT and not the cauicj that this was
difcovcred by Monficiir Montcalm, when in Ca-
nada, as appears by his letters lately piiblifhcdj and
; that after the conqueft of Canada, when they
were relieved from the apprehenfion of the French
power, their plan, which had been long meditated,
was completely formed, and the ftruggle muft
- have taken place fooner or latter; and that it was
an advantage to us to bring it to a trial of force
how, rather than at a later period, when their
power a'.id their refources would have been greater;
and t'lat it was particularly fortunate for us to
joring the queftion to a determination by arms, ac
a time when wc were at peace with all the reft of
•^he world. y,^;y -. . ,-,i . :•..: .0. . . .
This argument, I know, has made imprefiioii
on many fair and honourable minds, and there-
fore it dderves a particular examination.
The following reafons convince me, that the
Americans, in general, had no dcfire to render
themfelves independent of tht Britifli govern-
ment.
In the firfi: place, it is a certain truth, that manr
kind are not difpofed to alter a government to
which they have been long accuftomed, and under
which they have enjoyed felicity; but no people
ever enjoyed a greater degree of profperity and
happinefs, than exifted in Airicrica, till the idea of
taxing them was adopted in this kingdom ; they
t r- ]
■. fft
t«
it
fubmltted to the laws of trade; they even Tub-
mitted to the Admiralty Courts, where the judges,
uncontrouled by a jury, were till lately, paid by a
Ihare of the condemnations. Thcfe Admiralty
Courts, were empowered to judge in revenue quef-
tions, with a view to enforce more ftrift'y the
laws of trade j and we rcfufed to truft fuch quef-
tions to juries, from a fufpicion, in my opinion,
weak and ill-grounded, and rather chofe to riik
the difgufl which might arife in America from the
partial and interelled determinations of very low
men, whom we appointed judges, than run the
hazard of a few cargoes efcaping condemnation,
by the partiality of juries, who were to give their
verdifts upon oath.
With the fame view to taxation, we determined
to make the Governors and Judges independent
of the Provincial AfTemblies. Before the idea of
taxation took place, it was the praftice for the
Alfemblies to vote a falary to the refpedtive Go-^
vernors, and alfo to the Judges, and no incon-
venience to this country was felt from it j but
much good arofe to the Colonies, from this con*
troul over the executive and judicial powers;
but when we propofed to counterad the inclina-^
tions of the people, it became neceffary to remove
all controul upon thofe whom w*;- fliould appoint
to thefe offices.
The republican form of the American confti-
tutions, then too, began to give us difguft, for,
from the reign of King William till then, we had
felt no inconvenience that deferved to be men*
tioned
[ 33 ]
tioned from that circumftance -, and, if their con-
ftitutions were fuch as gave fdtisfadtion, and fc-
cured good order in each Colony, what motive
but taxation could induce us to find fault with
them?
From fimilar motives it was, that James II.
attempted to deflroy the conftitutions of all the
corporations in England, by virtue of quo war^
rantos, becaufe he wifhed to govern without con-
troul. The refiftance made to him, and to his
father Charles I. did not proceed from any pre-
vious plan of independency, but certainly arofe
from their encroachments j and yet the aflertors
of our liberties, in thofe times, were acculed of
adting merely from ambitious views.
That the Colonies in America might have
been governed with cafe, if we had entertained
proper fentiments, is proved, to my conviction,
by the following fadb ; — The conftitution of the
Mafachufetts Bay is, by far, the moft rf^publican
of any in America, Rhode Jfland peruaps ex-^
cepted. It is that Colony which has always
been confidered as the moft averfe to the Englilh
government, and to have been chiefly inftru-
mental in lighting up the prefent flame in Ame-
rica. In that Colony not only was the Aflembly
chofen by the people, but the Council, which, in
moft of the other Colonies, is appointed by the
Crown, or by the Governor, is there chofen by
the new Afl^embly, and fuch Members of the
old Aflembly as are not re-^eledled, the Governor
having only, 1 think, a negative. Notwithftanding
F thi$
^n
W.f
m
W
111
I I'll
If
i.„,,j ,
f. : »!■■'■
u:.,,-!
* ■
||tj:
1
[ 34 1
this is the form of the conftitutiorj, yet I am if-
fured, by undoubted authority, that it has al-
n\oft always happened, that the perfous fup-
ported by the intereft of the Governor, have been
chofen Councellors j and that in no inftance, for
many years back, was the eleftion of the Council
carried againft the wilhes of the Governor, except
that of the lalt Council, which was chofen im-
mediately before the Mafachufetts Charter Bill i
and, notwithftanding the agitation of men's minds
at that criticl period, it required a gr^at deal
of addrefs and ftratagcm, even then, to carry
the cle(5lion of the Council againft the Gover-
nor*.
Nor will this appear extraordinary to thofe,
who confider the great weighty which the execu-
tive power alwiys muft havcy in every country,
where attention is paid to govern mankind
agreeable to their inclinations. The office of
Councellor Was in tliat Colony an obje(fl of am-
bition, and thofe who afpired to obtain it, knew
the importance of having the fupport of the Go-
' .. .-1 • .
• The (h-atagcm, I am toIJ, was this : An eminent poli-
tician there fugKcded to his friends, that he thought, in the
agitation which then prevailed, they might be able, by ad-
drefs, to carry the cledion of Councellors againft the Go-
vernor. He propofed to eledl Mr. Hancock Speaker of the
AfTembly ; and, as he was fure the Govt rnor would make ufir
of his negative, and rejcft him, the Afrsmbly, he faid, would be
inflamed, and if the eleftion of Councellors was immediately
brouglit on, he hoped their lift would have a majority. Thia
plan wae followed, and the eleflion of Councellors wai carried
by a fmall maJQfity, . .,. , ,»..^
vernor's
I
*
-wr
I
C 35 ]
vernor's intereft in the AfTembly ; by adding thar
weight to the fcale of either candidate^ the party
which he efpoiifed was lure to prevail.
The Governor had fev/ (Tffices of profit to be-
ftow, and no fund for bribery out of the public
money, and yet, by common attention in ma-
naging the paffions of men, the inlUience of the
office of Governor was, at all times, very gr^at in
that fcttlement, though not always held by men
of the firft abilities.
2dly, The Colonies have uniformly denied this
charge of independence; not only hao it been denied
by the Congrefs in their printed declaration, but it
hasbeendeniedinftillitronger terms by the particu-
lar Colonies, Thus the Colony of North Carolina,
in their addrefs to the inhabitants of clit- Britifh Em-
pire, dated 8th Sept. 1775, has difclaimed the accu-
fatioh with evident marks of honeft fincerity. "We
** have been told that independenC'P is our ob-
" je6b } that we feek to fhake off all connc6lion
*■' with the Parent State. Cruel fuggeftion ! do
not all our profeflions, ?11 our adions, uni-
formly contradidl this ? We agaia declare, and
we invoke that Almighty Being, who feardhcs
** the recefles of thu human heart, and knows
our moft fecret intentions, that it is our moft
earned wilh and prayer to be reftored, with
the other united Colonies, to the ftate [n
** which we and they were placed before the year
1763, difpofed to glance over any regulations
which Britain had made previous to this, and
F 2 *' which
tt
<(
IC
(f
(<
fC
«
^^K^s
«
e'F ;
'I'^i
"'I
((
<t
<t
li
[ 36 1
*' which feem to be injurious and oppreffive to
" thefe Colonies, hoping that, at fome future
day, Khe will benignly interpofe, and remove
from us every caufe of complaint."
The Congrefs, in the declaration fetting forth
the caufes of taking up arms, 6th July, 1775,
has been alio very explicit:—" Left this decla-
ration Ihould difquiet the minds of our friends
and fellow-fubjedls, in any part of the Empire,
" we alTure them, that we mean not to diflblve
" that union which has fo long and fo happily
" fubfifled between us, and which we fincerely
'* wifh to fee reftored. Neceflity has not yet
" driven us into that delperate meafure, or in-
duced us to excite any other nation to war
againft them. We have not; raifed armies
** with ambitious defigns of feparating from
" Great Britain, and eftablilhing independent
" ftates. We fight not for glory or for con-
" queft. We exhibit to mankind the remark-
'' able fpedacle of a people attacked by unpro-,
*' vok«'d enemies, without any imputation or
** fufpicion of offence. They boaft of their pri-
♦* vilegcs and civilization, and yet proffer no
'* milder conditions than fervitude or death."
If it is faid that thcfe declarations are not to
be trufted, it cannot be denied, that they are a
proof, at leafl^, that thoie who made them thought
it unfafe to declare any other fentiments, and
fiiat tiierefore the great body of the people were
^vcrfe to the idea of independency, and, in fuch
a fit\ja-
ii
ti
Jl"!!!:
[ J7 ]
to
a
rht
Ind
?re
Ich
la-
a fituation, nothing but unwile condu6b on our
part, could have deprived us of the allegiance of
a people lb difpofed.
^3dly, It is well known, that after the fate of
their lafl petition to his Majefly, and after all the
afts which we afterwards pafled, yet, when the
vote of independency was prcpofed to the Con-
grefs, it was carried by a very fmall majority the
firft day, and on the fecond day the votes were
equal, fo that the queftion went off for that
time.
4thly, As I know of no facts which prove that
the Americans in general entertained ideas of
independency, before our plan of taxation, and
as they could not, I think, have any reafonablc
-motive for entertaining that idea, fo there arc
many fafts which prove the contrary. The re-
queft which they made after thefe difputes com-
menced, to be put upon the fame footing as they
were in 1763 j and the petition of the Congrefs
to his Majefty, prefented to the Secretary of State
on the ift of Sept. 1775, feem to me convincing
proofs that independency was not their aim. That
pet' iui"! concludes in the following manner r " We
' y >^i'->re befeech your Majefty, that your royal
aut: c iity and influence may be gracioufly inter-
" poled, to procure us relief from our afHiding
" fears and jealoufies, ocv. alioned by the fyftem
" before mentioned, and to fetde peace through
" every part of your dominions, with all humility
" fubmitting to your Majefty 's wife confideration^
*^ whether it might not be expedient, for facili-
" tatin
re
t(
r 38 ]
RH"
I
'H
m
i
i
I
I*,
" tating thefe important purpofts, tliat j'oiir Ma-
" jefty would be pleafed to dircfl fonie mode, by
** which the united applications of your faithful
" Colonifts to the Throne, in purfuance of their
" Common Councils, might be improved into a
" happy and permanent reconciliation." In ano-
ther place of the lame Petition, they declare,
** Our breads retain too tender a regard, for the
" kingdom from which we derive our origin, to
" rcqueft fuch a reconciliation, as might in any»
" manner be inconfiftent with her dignity or her
" w':lfare." ' ' ■ '
If it be i'u. ^at the Americans, in general
might not aim ai idependence, yet, that this was
the idea of many leading men amongft them, and
would, one day or other, have been the general
wilh. It nrft remains to be proved, that any fuch
men exifted among them. It is plain that Dr.
Franklyn, in 1754, entertained no fuch notion j
and, if it had been the opinion of fome parti-
cular perfons, will any wife man believe, that if
our government in that country had been well ad-
miniftered, the favourable opinions of the great
body of the people, could have been perverted fo
much, as to make them renounce prefent cafe,
happincfs, and fccurity, to purfue an uncertain
phantom, which, when attained, might difappoint
their fanguine hope; ?
5thly, I think ir plain, that his Majefly's MI-
niders d.id not believe, that independency wa^ the
general wifh o^' America; and if they who had \in
Opportunity oi'thr4)elt iMclligence \ipon the fiib-
iea
ti-
the
.'i
-■ ' ■■<v:
f 39 1
je<^ did not believe it, I think it impoflTible that
there could be any truth in the accufation. That
they did not believe it, ieenns to me, to be proved
by the famcis circular letter of Lord Hillfborough>
after the repeal of all the duties impofed by the
aft yth of his Majefty, except on tea, and ad-
drefled to the American Governors, to be com-
municated by them to the feveral affemblies. In
that letter, the moft pofitive aflfurances were given,
that it was not the intention to impofe any fur-
ther duties upon America by authority of the
Britifh Parliament j but ii* the Colonies had feri-
oufly been thought to aim at independency, to
what purpofe was this declaration. If, on the
other hand, it was believed, that the true caufe of
their uneafinefs, proceeded from our claim to taxa-
tion ; thefe afTurances were proper, and calculated
to anfwer a good purpofe, as thty cert?.inly did, •
If his Majelty's MiniHers had believed independ-
ency to be a prevailing idea in America, wouTd
they have lent fo inconfidcrable a force, as they
did at firft, under general Gage, fufficient only
to quell a few faftious rioters ; or would they have
affirmed, as they did repeatedly to Parliament,
that the friends of Government were very nu-
merous in America, and that it was only the vio-
lence of a finall number of fatStious men, which
had prevented our friends from Hicwing their in-
clinations ? The conciliatory propofition of Lord
North, moved in the Houfe of Commpns, 27th
February, 1775, and the adl of Parliament, em:*
fend out CommifTigners to
powering the Crown
grant
[ 40 ]
I
lU!
0^
>|'i 'I
if,!'
grant pardons, and with private inftruftions, pro-
bably of a more extenfive nature, would have been
ridiculous, ifadminiftration had ferioufly believed,
that the Americans in general aimed at independ-
ence.
6thly, If independence had been in the con-
templation of America, can we fuppofe, that they
would have left themfelves fo ill provided with
the means of fupporting it, as they certainly were
at the beginning of thcfe confufions ?
The riot at Bofton in 1774, when the tea was
deftroyed, was merely a refillance to a particular
tax they difliked, and not the refult of any deep
laid fcheme of independence*; at the fame time,
it would not have been furprifing, if the Ameri-
cans had been much better prepared than they
were for refiftance, confiderit the condudt of
Parliament foon after the rej al of the Stamp
A(5l, when the plan of taxation was refumed, and
the unneceflary and unproductive tax upon tea
was Repeatedly refufed to be repealed.
It feems untair, to urge as a proof that they
aimed at independence, the fpeculations of phi-
lofophers, with refpeft to the probable ftate of
America, at a diftant period of time, when it is
fuppofed, their numbers and wealth fhall greatly
exceed thofe of this country. Thefe fpeculations,
however ingenious, are merely conjeclural, and
could not be fuppofed the real motives of con-
.f. . • *
* The tea In all the other Colonies was fent back, and! was
deilmyed at Boilon, from the obftinncy of the Confignee, who
ref^red to permit the ihip to return to England. ^
duft.
[ 41 ]
dud,
du(5t, in the minds ofany confiderable part of the
prefent inhabitants of America. .
With refped to the letters of Monfieur Montcalm,
1 believe them to be fiditious, and certainly their
authenticity is by no means afcertained. If they had
been genuine, it is not probable that they would
have been fo long of making their appearance ;
but it was eafy to prophecy, as thefe letters do,
after the event had happened. There have been
JO many publications in France, of letters as ge-
nuine, which were afterwards difcovered to be
the mere works of imagination, that no wile man
would chufe to reft his belief, concerning a point
of fo much confequence,upon the chance that thefe
letters are not invented, but real.
But it will be faid, their late declaration of
independence, is a decifive proof that they had
no other object from the beginning. Was the re-
publican eftablifhment in England, after the long
ftruggle with Charles the Firft, a proof that the
great body of the people of England took up
arms from the beginning, in order to eftabliih a
republic ? If I have been fuccefsful in (hewing,
that the Americans had juft grounds for the moft
ferious alarm, from our claims of a power to tax
them here, to which we added, a claim to alter
their charters of Government j if they had more
than an intimation, by the Quebec Bill, what was
the fort of conftitution we wilhed to introduce in
all the provinces, we have no need to fearch fur-
ther, for motives llifEcient to induce a jealous,
enlightened, and high-fpirited people, to take up
G arm?,
C 4» ]
Ifi
I
ill
m
1i*
^ . Ill
pi
Hi
arms, without fiippofing that independency was
ever their objeft. But when they found that we
paid no attention to their fears and jealoufies, but
that after fending a force to Bofton under General
l:f) T, which was compelled afterwards to leave
it, we prepared and fent out a much greater force,
and paflcd feveral a6ls of Parliament, which fhow-
ed our difpofition to reduce thenni to unconditional
fubjedlion ; but above all, when not only the pe-
tition from New York was refufed by Parliament,
but his Majefty was advifed to rejed:, without an
anfwer, the laft petition of the Congrefs ; it feems
to mc, that the Americans had no option left, but
cither to fubmit as a conquered people, and de-
pend on the generofity of thofe, who had been
taught to view them in the moll contemptible
light, or to declare themfelves independent, in or-
der to eftablifh fome regular form of government
amongft themfelves, and to entitle them to treat
for afliftance with other powers.
From the view I have taken of the fubjedl, I
think it mult appear to every man who will per-
mit himfelf to judge without prejudice, that the
objeftion of the Americans to their being taxed by
this country, was not an unreafonable caprice^
but of a moll ferious and important nature ; and
that the Britilh Parliament, being neither elected
by them, nor impofing at the fame moment oti
themfelves and their conftituents, the taxes they
were to vote on America, had not thofe conftitu-
tional checks, to prevent an abufe of that danger-
ous- power, which is in truth the eflence of the
Britifli
[ 43 ]
Britilh Conftitution. It will alfo appear, that by
the fyftem adopted with refped to the Colonies,
in eftabJilhing a monopoly of their trade, we had
in fad: exaded from them a proportion of our pub-
lic burdens ; that if we had been willing to give
them a reprefentation in the Britifli Parliament,
it would have afforded them a very feeble pro-
tedion, unlcfs every tax impofcd upon America
was to be at the fame time impoled upon our-
felves ; that we could not, in juftice, impofe upon
them all our own taxes, and yet tax them at
the fame time, by preferving our monopoly j and
that even, if a method could have been devifed,
of fixing a proportion to be paid by them now,
as a full equivalent for their prefcnt proportion
of the public taxes, and that they ftiould never
pay more in future, except a fimilar proportion
of fuch increafe of taxes as we might hereafter
make upon ourfelves ; yet ftill they would not
have been put upon a fair footing with us, unlef^
they were allowed to lend reprefentatives to Parlia-
ment, in order to guard botli us and themfelves
againfl any fuch increafe; and it would have
been farther neceflary, in flrid jultice, that our
laws of trade with refped to America fhould have
been fixed, fo as to prevent any poffible increafe of
the burden upon them in that refped ; for as thefe
Jaws are not of a general nature, but are made
to burden America only, without at the fame
time burdening our own conftituents, the Britifh
Parliament would, in all queftions of that kind,
have wanted that conftitutional check, which is
G a the
[ 44 ]
fi
m
the efTence of the power of taxation, and the fup-
pofed reprefentatives from America would have
been able to make too feeble a defence in fuch
fort of qiieilions againft the united intereft of all
the other Members of our Britifli Houfe of Com-
mons. And after all, thefe colonies would ftill
have fufFered many difadvantages by the want of
a legiflativc power amongft themfclves.
I believe there are few, even of the mofl zea-
lous in fupport of the American war, who would
in private converfation afiert ar. their opinion, that
his Majefty's American fubjedls ought to be on a
worfe footing with refpei5t to taxation, than the
inhabitants of Great Britain. On the contrary, the
conflant language is, that the Americans demand
privilegeswhich do not belong toBritonsj thatthey
ought to bear their proportion of the public bur-
dens ; that they have taken arms in the face of the
law of the land, and the conftitution of the em-
pire ; and that not contented with a participation
of the happy conftitution of this country, they
have aimed at privileges, in claiming an exemp-
tion from Parliamentary taxation, which we in
this ifland do not enjoy j that this war is meant
to reftore liberty to the Americans, to reftore to
them the rights and privileges of the Britifti Con-
ftitution, and to refcue them from the defpotilin
of their faftious leaders, and of that Congrefs
which they had eleded. • " -*
But from what has been faid, I apprehend it to
be clear and manifeft, that the power of taxing
^nrjerica canno; b^ Xyuiled with the ^ritilh Par-
liament^
[ 45 ]
liament, with the fame fafety, as the power of
taxing Britain ; that the Americans would be on
a worfe footing than us, and would be deftitute
of thofe checks, w^hich controul in Britain the
abufe of taxation ; and that when we infift upon
•putting them on that footing, we defire what is
unreafonable for us to afk, and for them to fub-»
mit to. .
Ought they not then to contribute to the bur-
dens of the Itate ? They certainly ought, and by
the reftrictions impofed on their trade, they cer-
tainly do contribute very largely ; but perhaps
they do not contribute their full proportion ;
the long pofleflion of their exclufive trade, has, I
beheve, given fuch advantages to the Britifh ma-
nufadlurers, that they are now able to furnilh a
great part of our manufaftures to the Americans,
cheaper than they could be purchafed elfewhere ;
and therefore, the confining the Americans to take
thefe from us, is no hardfhip upon them, and is,
in truth, unneceflary for us. I believe too, that
much relaxation might be made with refpedt to
the regulations of their trade, with great advan-
tage to them, and without any material injury to
vs } and if that were done, they certainly ought to
contribute in another way, to the public burdens
of the State.
But I would wifli to know, if we might not
fafcly truft, that fuch contribution would be chear-
fuUy granted by their own aflemblies ; as is done
by the Parliament of Ireland. There is certainly
pothing unconftitutional in that mode of obtaining
3 a con-
15 !
I 46 1
1 '•nntribution from partof the empire, othcrwife
lieiand would not have been fo long exempted
fron^i Tarliamentary taxation.
It has been faid, however, that fuch a mode
might become dangerous to the liberty of this
country, becaufe the King would thereby have
the means of levying money without the confent
of the Britifh Parliament, and by obtaining mo-
ney from the American AlTemblies, the Crown
might, at fome critical period, be rendered in*
dependent of the Britifh Parliament.
But this objection, which applies equally to
the cafe of Ireland, is ce'*.dinly not founded on
any very probable conjefture, and could eafily
be obviated, both with rcfpedl to Ireland and
the Colonies, by paffing an acl, which would
bind his Majefty, that all ads of affembly, or of
thelrifh Parliament, containinggrantsof money to
the Crown, and not appropriated to fpecial pur-
poles in the Colony, fhould, before they are read
the third time in America or Ireland, be com^
municated to both Houfes of the BritilK Parlia-
ment, and receive the approbation of each by a
refolution to be entered in their journals.
It is faid, however, that it is not to be ex-
pelled that the American AlTemblies would
vote their money for the public fervice, becaufe
they would have no controul, like the Brkilh
Parliament, on the expenditure of the money
which they might grant j that being removed
from the feat of governrncnt, the influence of
the Crown would be fo weak, as not to be able
to
[ 47 1
to carry any qiieftion ; and that, as by their re*
fulal to grant, the wheels of the whole ma-
chine would not be entirely ftopt, as in the cafe
of a refufal to grant the ufiial fiipplies here, there
would not be any natural and permanent com-
pulfion upon their affemblies, to make fuch
grants ; and that therefore, to give them the ex-
clufive privilege of voting their own money,
would, in effcft, be giving them an entire ex-
emption.
This argument is plaufible, and, I doubt not,
has made an impreflion on many difpafllonate and
impartial men j but has the experience of Ireland
juftified this theory ? Did not Charles the Firft
conceive the fame ideas concerning the imprafti-
cability of obtaining proper Supplies of money
from an Englifh Houfe of Commons? and hns
the experience of the laft century juftified thefc
-vifpicions ? It is, however, extremely probable,
that the American Aflemblies would at firft hav<?
been very fparing of their grants, that they would
have infiftcd on the redrefs of many grievances^
that they would have ftipulated concerning the
application of their money before they had voted
it, that they would moft probably have arraigned
the wafteful conduft of minifters, and would have
propofed many methods for lelfening the expence ;
but I am convii\ced, that if the juft complaints of
the Americans had been liftened to, and their con-c
fidence gained, the American Aflemblies, when*
ever there was a real ground for aiking money,
would have granted liberally ; and as a lover of
this
ffi
[ 48 ]
this Conflitution, I Ihould have rejoiced, that the
difficulty of obtaining money from the American
Airt'inblies had exilled, as a frelh motive with
miniilers for good conduct, and to compel a pro*
per exercife of the executive power, i -^^ . * " . •
The t:uth is, that where men are not aMd
of encroachments on their liberties, '-ind their
mmds are not foured by improper treatment, their
rcprefentatives, in place of being too niggardly,
have, on the contrary, been too lavilh> in voting
the public money j and the weight of Government
is fuch, from the natural tendency of mankind to
be governed, and from the defire which moft men
have for honours and diftindbicns, that even in
very weak hands, and without the aid of bribery,
the executive power can always obtain, in popular
alTemblies, much larger fupplies, than in wifdom
and prudence it ought to obtain. • m-j-- •*/ •
Havmg thus taken a general view of the argu-
ment in favour of America, to which, as it ap-
pears to me. this country has not allowed fufTi-
cient weight, and to which, I think, no fufficient
anfwer has ever yet been made j 1 come next to
confider how far the Americans have allowed pro-
per weight to the argnment in favour of the
claims of this country.
And here I mnlt obferve, tliat it was natural for
this country to think, '.hat America ought to ccn-
tribute to the public burdens of the Staie, and
that it was alfo very natural for us to conceive,
that the Parliament of Great Britain had fuU
power to impofe taxes upon them, fince we had
not
i 49 1
not bnly L\ade laws to regulate their trade, but
had even in fome few inltances impofed internal
taxes i what reafon had we, therefore) to doubt of
our power by the conftitution, to impofe taxes upon
them ? The non~exercife of our right could not
take it away, as that might, w^ith reafon, be af-
cribed to the inability of the Colonies to contri-
bute. The doubt of the power of Parliament to
tax America, can hardly be faid to have generally
cxifted in America itfelf, before the year 1754^
when the matter was for the firll: time canvafled
in the papers annexed in the Appencix. It was
not, I believe, the idea of Mr. Grenville to make
ufe of that powers if the American Aflemblies
would themfelves have impofed a tax^ to raife the
fum which he defired, and it was upon their re-
fufal only, that he made the motion for the Stamp
A<?t in the Britifh Houre of Commons *. I have
already admitted, that it was of the utmoft im-
portance to the Colonies to refiftthe impofitionof
taxes by the Parliament here^ and even to refuf«
tmpofing taxes on themlelves, equivalent lO the
fum which Mr. Grenville demanded j becaufe I
agree with the American argument, that if the
Minifter or the Parliament here, were to name the
I
* I know it has been afTfried, that Mr. Grenville did nrc
give any option to the Ct Ionics, to impofe an equivalent
tax upon themfelves, hut requi/cl of therti to point out fome
other tax tqiially ptoduiHive, to be rubtlitntcd by the Britiili
Parliiment, ir. place of the intended Samp Act ; but I hav«
■'.irt^.iys undtflloo'* the faot t'» br as J La e nO.v Hated il,.
H - "'■ fum.
[ JO J
k
m
p*
]iim, it IS but a rmall advantag;e to theit!;^ to btf
made the judges of the mode of ralfing itj for
fuch a privilege would liave refembled only th6
option given to Socrates, to chulc between the
different modes in which he fnould be put ta
death. Mr, Grenville's propofition, no doubtr
proceeded upon the fupnofition of an undoubted
power,, vefted in Parliament^ to tax America, and
upon that fuppofitioHj it was an indulgence to
permit them to raii'e the money under the autho-
rity of their own AlFcmblies ; but as the Ameri-
cans, by that time, v/cre fufficicntly enlightened
to under'^and, that if Parliament was to tax them,
there would exift no check or controul, as with us
upon the excrcife of that right,, they determined
to relilt the attempt of taxing them, either di-
redtly by Parliament, or indiredly by infifling^
upon their laifing a fpecific iiim by authority of
their own AOemblies.
Mr. Grcnville might be cxcufcd in the method
which he ptirllied, thinking, as he no doubt did,,
that our right was clear i and certainly he fliewed
a difpofitioii toexercife itwitli difcrciion, both by
the previous offer which he made, and by his
choice of the tax upon Stamps. But I cannot help
thinking, the Americans were here in fome degree
to blame, for as their claim to exemption from Par/
liamcntary taxation, was not finely an obvious pro-
pofition, they had no reafon to be fur[)rized, that
it was not ii .ediately admitted i and as they
could not reafonably deny, tliat fiippofing their
right to exemption clear, yet it was jufl: and fit,
that
[ S' ]
that they {hoiild contribute in fome degree to the
public burthens; I think, that inftead of flatly. re-
fufing to impofc any tax whatever on themfelves,
when Mr. Grenville dilcovtred fo llrong a difpo-
fition to conciliate, they ought to have offered to
raife fuch a fum as tht^y themlelves tliought rea-
fonable, refufing, at the fame time, to admit the
claim of a Parliamentary right to tax them, or
confequently our right to infill upon their voting
{:hemfelve5 any fpecific fum.
Whether or not this would have prevented the
pafling the Stamp Act, and would have diverted
the ideas of this country from attempting to en-
force Parliamentary taxation, and would have in-
duced us to rely on the grants of the American Af-
femblies, it is impoflible now to fay; from the
good fenfc of Mr. Grenville, notwithftanding his
inflexibility, J think it would; but at any rate, in a
new and great queilion of this kind, and where ic
was impoflible to deny that the State had a claim to
fome aids from America, I think it would have been
wii'er and more becoming, upon the part of h»»
Americans, to have held out to the Minifter aiid
the Parliament of this country, a golden bridge,
in order to avoid bringing to an immediate dcci-
fion, a quefliion of fuch magnitude, and involved
in fo much difficulty. See Appendix N '. III.
The Americans ought furely ii have confidcred,
that it was not an eafy matter, to draw the line be-
tween the power of legiflation and taxation, fince
in the Britiili conftitution they had :ippcarcd to be
i^lways united ; for though Irehind had never been •
H % (axed
m
M
i
[ 5^ ]
i
taxed here, yet it was well known, there exifted,
in the Statute Books, an exprefs aft, declaring,
that Parliament here had power to bind them in
all cafes whatfoever j fo that the right feemed to re-
main, though not exercifed. This therefore was
apolitical queftion entirely new, and neither party
hafl a title to condeinn the other for the oppofitc
opinions they entertained concerning it ; but leaft
of all had America a title to condemn the opinion
of this country, becaufe we had been in the exer-r
cife of the pow^er of regulating their trade, and of
levying indireftly by that means a tax upon them.
I admit, that there was much lefs danger in that
exercife of our power, than in dircftly taxing
them J and that our Parliament may be much more
fafely trufted with the power of rnaking general
laws of regulation, than with that of taxing in a
dired manner; but certainly the diftindlion could
not be expected to be admitted as a felf-evident
propofition, upon its being firft mentioned j and
there was not fufficient ground, on account merely,
of our denying its truth, to imi'ite to this country
a determined refolution, to reduce our fellow-
fubjcfts to flavery, though I admit that, in time,
fuch might have proved the confequence.
I acknowledge, that as by palling the Stan»p
A61, Great Britain infilted on fo dangerous a right,
the Americans were reduced to a moil: difagreeable
dilemma; for if tJiey fubmitted in one inftance,
after the queftion was fVirrcd, they could hardly
afterwards have made any elTeclual oppofition j
efperially
[ S3 ]
efpecially is their fiibmifllon would have been im-
puted to fear ; but I do not think they had jiifl
grounds to confider Great Britain as ac>' .g on
that occafion from any opprefTive motive, fince the
queftion of right was certainly doubtful ; and after
the Stamp Adl was repealed, and all the duties
contained in the A<St jih of his Majefly, except
on tea, were alfo repealed j and after the afliir-
ances contained in Lord Hillfborough's letter,
they ought, and might, in my opinion, have re-
lied that no further tax would have been impofed
upon them ji at leaft, they ought to have delayed
any violent meafures, till fome tax had been adual-
ly impofed, which I am inclined to think, would
never have happened.
The permiflion granted by Parliament to the
Eaft India Company, to export their tea on their
pwn account to America, in place of felling it to
other exporters, was certainly no new tax, and
tended to furnifli the tea cheaper to the Ameri-
cans. That permjflion was occafioned by the un-
fortunate circumflance of the India Company hav-
ing overflocked their warchoufes with tea, which
made it neceflary to contrive fome means to enable
tliem to difpofe of it more readily ; and was not
the refult of any view to impofe a new tax upoh
America. The Colonies were therefore undoubt-
edly to blame, in fuffcring themfelves to be in-
flamed by thofe, whofe profits by fmuggling
yirere likely to be affcclcd, in confcquence of this
' ^ proceetling
n
[ 54 J
proceeding of the Eaft India Connpanf *, If the
Colonics had afted upon that occafion v/ith more
tennper, thefe unfortunate convulfions would not
have happened, for I am convinced, that the Tea
duty was refufed to be repealed, more from an
idea of tlie necefiity, in point of dignity ;» of pre-^
ferving this mark of our right, than from any fe-
rious intention of ever afterwards impofing du-
ties on the Colonies, with a yiew to a loUd rer
venue.
The dignity of a nation is certainly a little con-
cerned, not to give up a difputable right, when it is
denied with atls of violence, though it lofes no dig-
nity in forbearing for ever the excrcife of fuch a
right i and as the permiflion granted to the India
Company was no new tax, the Americans had not,
I think, fufficient ground from thence to conclude,
that this country did not mean to forbear for ever
the exercife of that right of taxation which gave
America fo much alarm j and though I can make
great allowances for the jealoufies of freemen, in
a point of fo great moment, yet I muft condemn
thofe who endeavoured to excite it upon that oc-
pafion.
* It has however been confidently afTerted, that Miru'dtrs,
in propofing that mode of relieving the Ealt India Company, in
preference to any other, had a finillfr view of rendering pro-
duflive there the unfottunate Tea Duty, which they had fo often
refufed to repeal, as thinking this the irioll effetHual method, to
countcrafl the non-importation agreements, with refpeft to ihiit
article, which had proved unfurmountable obftaqics to priva'.e
MvrchantSt See App'..^lix, No. IV.
f. id.
t is ]
' I do not mean to enter into a juftification of the
proceedings of Parliament, in confequence of the
dcllrudlion of the tea, becaiife I never did, and do
not now, approve of them. The Bofcon Port Bill
indeed, if it had not been clogged with fome un-
fortunate claufes, and had not been followed by the
MafTachufetts Charter Bill, might have proved a
falutary and efFe61:ual meafure. But I haften ta
another point, in which I conceive the Americans
were too precipitate; I mean in their rejecting the
proportion made by Lord North, with a view to
conciliation.
Lord North,- on the 17 th February 1775, very
unexpedtedly, made the following motion iji the
Houle of Commons, which has been diftinguiflied
fince by the name of tiie Conciliatory Propofi-
tion, " Refolved, that when the Governor, Coun-
" cil, and AflTembly, or General Court of any of
his Majefty's Provinces or Colojoies in Ajncrica,
fhall propofe to make provifionj, according to the
condition^ circumftancesy and fituation of fucb
Pro'Vinee or Colony y for contributing their propor-
" tion to the common defence (fuch proportion to
" be raifed under the authority of the General
Court or General AlTembly of fuch Province or
Colony, and difpolable by Parliament), and
fhall engage to make provifion alfo, for the
" fupport of the civil Government, and the ad-
miniitration of juftice in fuch Province or Co-
lonyy it will be proper, if fuch propofal Ihall be
approved by his Majelly and the two Houfesof
Parliament, and for fo long as fuch provijion fhall
" l,e
<<
«i
C(
«
re
re
<i
n
<c
tt
cc
I
[ i6 ]
cc
(C
(C
((
cc
(C
cc
he made accordingly to fox^-bear, in rcfpec^ of fiich
Province or Colony, to levy any duty, tax, or
affefliTient, or to impofe any farther tax or aflelT-"
ment, except only fuch duties as it may be ex-
pedient to continue to levy or to impofe for
the regulation of commerce i the net produce of
the duties laft mentioned, to be carried to the
account of fuch Province or Colony refpec-
« tively." ■
I had not at that time a feat in tlie Houfe^ as
the petition againft the return of my competitor
had not been heard; but I was prefent during the
debate ; and I was and am convinced, that the
propofition was well intended, and that it ought
not to have been received in the manner it was re-
ceived, by thofe who efpoufed in the houfe, at that
time, the caufe of America. The propofition
was indeed defedive in the mode of exprefllon,
and did not convey in a clear and unambiguous
manner, what I firmly believe was the meaning of
the noble Lord. I am convinced, that it was the
intention of that propofition, that after fettling in
an equitable and moderate manner, with the re-'
fpe6tive American Affemblies, for a fum to be con-
tributed by each, for the public fervice, that no'
further taxes were to be impofed upon them by
the Britilh Parliament. This was, in my opinion,
a moft juft and proper manner, with refpeft to*
America, of fettling finally this unfortunate dif-
pute; for, unqueftionably, it was jull that they
Ihould bear a Ihare of the public burthens, and if
Great Britain was willing to fix their proportion
at
[ 57 1
at once, and to exempt theni for ever from all
grounds of apprehenfion, they could have no rea-
fon to complain. On the contrary, the agreement
was highly advantageous to them i for, as they are
evidently in a courle of increafing rapidly, both in
numbers and in wealth, and have immenfe tracts of
wafte lands ftill to cultivate, no fum which could
poffibly be agreed on at this period, could have
borne any proportion to what they ought to have
paid as their juft fhare hereafter, of the public bur-
thens i fo that to appearance, the propofition was
in fa(5b too favourable to them ; though at the fame
time, I am perfectly fatisfied> that if this agree-
ment had been made, and all apprehenfions of
Parliamentary taxation, and of altering their char-
ters, had been quieted for ever, we fhould have
obtained, in future times, more ample grants from
the American Aflemblies, on all occafions of pub-
lic danger, than ever could have been exacted
from them by a<fls of the Britilh Legiflature.
But unfortunately the propofition, on its firfl
appearance, was violently attacked by very able
fpeakers, who defended the caufe of Ai.i^ricai and
it was afterwards moft unhappily mifunderftood,
when carried acrofs the Atlantic. It was conceived
by the Colonies to be infidious, and made with a
view of difuniting them, by giving better terms to
fome than to others ; and it was fuppofed, too, to
be nearly of the fame import with the propofition
of Mr. Grenville, and that the only concelTion in-
tended in it was, ihac the fum to be levied on
America, being fixed from time to time, here,
I in
[ 58 ]
• ••^r^i.^
gill
in confcqucnce of their refpc^ivc offers, they werr
to be permitted to levy that furn by the authority of
ihcir own Aflemblies, but were to have no other
voice in fixing the quantum. They alio under-
ftood, that the amount of the falaries and appoint-
ments to the officers of Government in America,
was not to be determined by themfclves, but by
lis ; which they conceived would be a fourcc of
great abufe, and an inlet to corruption.
It muft: be confcffedythat the words made ufe of in
the propofition, afforded Ibme ground for the con-
(lrud:ion put upon it by thofe who objcfted to it in
the Houfe of Commons, and by the American
Congrefs ; for> the propofition not only requircs>
that provifion ihould be made according to the con-
dition^ circumftante, and Jitttqtion of each Province or
Colony^ for contributing their proportion to the
common defence -, but the exercile of the right of
taxation is to be forborne only, forfo long as fucb
frovifton Jhall be made accordingly^ which certainly
admits of this conftru^ion, that whenever Parlia-
ment ihould be of opinion, that the fum ftrft agreed
on did not continue to correfpond to the condi-
tion, circumftances, and fituation of the Colony>
the agreement was at an end, and the right of tax-
ation might, notwithftanding the agreement^ be
cxercifed as before. This woi>ld undoubtedly
have been inlidious ; and though I am convinced
that thefe words only meant, that if the Ameri-
cans did not continue the proportion firft agreed
on,, the exercLfc of taxation fhould be revived ; yet
in a matter of fiich infinite conlequencc to the Co-
lonies,
re
)f
>y
[ 59 1
lonies, it was not furprifing that they were fiifpi-
cious, and that they underftood ambiguous words
as meant to enfnarc them.
But it is impoflible for me to believe, that the
noble Lord meant any thing infidious, or the lead
unfair ambiguity,' by exprcffing himfelf as he did,
in that propofition. I remember I took occafion,
in the following fcflion, to itate to the Houfe the
fenfe in which the Americans underftood the pro-
pofition, and at the fame time the fenfe in which
I myfelf underftood it, and I called upon the noble
Lord, to explain in his place the fenfe in which he
meant it. His anfwer was plain and direct, that
he meant it in the fenfe in which 1 had underftood
it, and by no means in that in which the Ameri-
cans had conceived it, and that he meant it as the
ground-work of a fair negociation. . >,
The proceedings in Parliament, in conicquence
of the Petition from Nova Scotia, by which that
Colony declared its acceptance of the propofition,
though thefe proceedings were afterwards dropt,
are a further proof of the fenfe in which the propo-
rtion was meant and underftood by Lord North.
But the public have the utmoft reafon to re-
gret, that in a matter of fuch magnitud , and
where fo much depended on the accuracy of ex-
preffion, this important propofition was not com-
municated to the friends of America, before it
was offered to the Houfe, that their objedlions
iYiight have been obviated; for it is not to be
wondered that a people, whofe jealoufy had been
rouzed to fuch a degree, and whofe leaders did
I 2 .not
[ 6o ]
not perhaps "wifh for a reconciliation, fliould re-
ject a propofition, fo conceived, as to admit of be-
ing confidered as infidious, and which, if taken in
the fenfe the v/ords could bear, was no other than
a fnare to deceive them.
It was evident to thofe who were prefent, when
this propofition was offered to the Houfe, that it
was made by the noble Lord, without the full aflent
of all his aflbciates in adminiftration j which is ano-
ther proof, to my mind, that he meant by it, a
great deal more than the Americans apprehended;
for if it meant to leave Parliament at liberty to
vary the proportion of each Colony, from time to
time, the moft violent aflertor of the rights of Par-
liament could not have objeded to it j and I, for
one, fhall always think favourably of the noble
Lord, for the candour and moderation which
fuggefted to him the idea of that propofition,
though it was attended with fo little fuccefs.
But as I have taken UiC I'berty to cenfure the
oppofition given in Parliament to that piwpofition,
I think myl'elf called upon, in jufticc, to exprefs
the approbation which I feel, of the conduft of
the fame Members, upon feveral fubfcquent occa-
fions. In the courfe of thefe American debates, in-
ftead of confining themfelves merely, asisufual, to
objefting to thcmeafures propofed in Parliament by
Adminiftration, they have repeatedly propofed plans
of accommodation with the Colonies, which it
was in the power of Adminiftration to have amend-r
ed and adopted, and by which, if they had adopted
them, the propofcrs would have reaped no other
advan*
[ 6i 1
advantage, except the fatisfadion of having ren-
dered, out of office, a mod eflential fcrvice to
their country. This conduft, of which I highly
approve, counterbalances, in a crreat meafure, in
my mind, the error I think they committed, in
oppofing, inftead of endeavouring to correal, the
defeats of that propofition of the 27 th February,
1775, in order to have recommended it with all
their influence, to the acceptance of America.
I am apt to think, that the unfavourable recep-
tion of that propofition in America, was the true
caufe, that no farther attempt was made in Parlia-
ment, to offer terms to the Colonies, and probably
fuggefted the idea of fending out Commiflioners;
but as the powers granted to them by Parliament
were confined to the granting of Pardons, it was
impolTible that they could do more, than merely
to enquire, upon what terms an agreement could
be
ma<ie.
-r.-
*.irri(T,nrf!5 '?
From a general review of this fubjeft, I think
it mull appear, to every perfon who will permit
himfelf to confider it, with that impartiality which
may be expefted from diftant ages, that there was
in this cafe, a real ground for difference of opinion,
between America and us, on the fubje(5fc of taxa-
tion, without throwing upon them, the imputation
of blind and fadtious zeal, or upon us, that of an
infolent dcfire to injure or opprefs them. On the
one hand, we had a right to expe6l from them
a contribution to the public expences, not in-
deed fo much as if they had not been taxed by
the regulations of trade, but ftill a confiderable
3 con-
k
m
i*t'
( 62 ]
contribution j on the other hand, they had good
ground to conceive, that according to the prin-
ciples and fpirit of this Conllitution, a Parliament
neither chofen by them, nor rcftrained in taxing
them, by being fharers themfelves with their con-
ftituents in the fame tax, was not a fit power to
be trufted with the uncontrolled authority of im-
pofing taxes upon them. Both parties were there-
fore, in fomc meafure, in the right, and both
were alfo in the wrong. If mankind were not un-
fortunately more apt to a6l from palTion than from
reafon, and if this matter had been clearly under-
ftood from the beginning, a line of reconciliation
might eafily have been adopted, for the mutual fa-
tisfaftion of this country and of America without
the irretrievable waftc which has happened, of fo
much blood and treafure on both fides.
Mat. rs I hope are not yet gone fo lar, as to
renucr it impoflible ftill to adopt fuch a line ; but
it will require the exertion of the wifcft men in
both countries, to footh the prejudices and en-
lighten the minds of the great body of the people,
both here and chtre.
I aiTi inclined to think, that it will be much
more eafy to reconcilp tiie minds of the people of
this country to '"jch an arrangement, than thofe
of the Americans. We are now, in a great mea-
fure, I believe, cured of the dream of an caly
conqueft, and we arc awake to the difadvantages
of cont'nuing, at fiich a diftance, for any length of
time, a war of fo nu^rh expence, which has already
coll us much more, than the obiedl either of
cxclufive
[ 63 ]
exclufivc trade or of revenue, perhaps, was ever
worth ; and which, in the courfe of human events,
may end, not merely in the lofs of America to us ;
but if, by the bravery of our troops, in this or a
future campaign, we fhould reduce them to great
difficulties, may throw them into the arms of
France, which feem open to receive them ; and
even if we Ihould prevail to the utmoft of our
wilhes, muft entail upon us, not merely an enor-
mous debt, but a military eftabliflimenL., not more
deftrudive to them, than dangerous to the liberties
of this country. But it may not be fo eafy now,
to induce the people of America to accept of
thofe te/ms of conciliation, which, not long ago,
they would h?"e rejoiced at. I hope, however,
there are a fufficient number of men in that ex-
tenfivc continent, endued with a true love of their
country, and fufficiently divefted of pafllon and
prejudice, to be able to difcem the true intereft of
America upon this occafion.
To fuch men I would wilh to addrefs myfelf,
and I think they will readily admit, that if the un-
certain events of war fhould compel them to a
union, either with this country, or with France,
it would be infinitely preferable to return to their
ancient friendlhip with us. The old ties of con-
nexion are not yet broken, and the fpirit they have
Ihown, in defence of their pretenfions, will, after
the end of this conteft, place them high in the efti-
mation of every Englifhman. They have no rea-
fon to apprehend any future attempts, to encroach
upon their rights j on the contrary, the attention
of
.*>„
%
HI,
w
[ 64 ]
of minifters to what concerns them, will probably
as much exceed the true medium, in their favour,
as it before fell ihort of it, againll them. United
with us, we fliould ftand firm and fecure, if af-
failcd by the united efforts of the mofl powerful
flates in the world, and America will thus be pre-
ferved, not only from foreign wars, but from the
danger of internal difcord, and will goon, in that
high career of profperity, which it enjoyed before
the unfortunate jera of 1764.
But America has declared itfelf independent,
and the idea of eflablifhing a new and magni-
ficent empire, upon the pillars of freedom, is a
flattering objedl, and mufl captivate every youthful
and generous mind j but are there no rocks or
quicksands to be dreaded ? Even if the objeft
were already obtained, it would be a new phe-
nomenon in the univerfe, a republic pofTeffing
an extenfive continent, and yet preferving its li-
berty J the wifeft and mofl plaufible theory, cannot
provide againft all the dangers of fo new and un-
trodden a path. The Englifh Conflitution, with
all its defefts, is undoubtedly the befl that has
ever yet exifled upon the globe, and it will be
time enough for the Americans to feparate them-
felvcs from us, when the natural decay of all hu-
man inftitutions, has rendered this fair fabric a
Icene of corruption, and when defpotiim begins to
rife upon its ruins j till then, it will be the interelt
of America to continue united with Great Britain.
The two countries are peculiarly fitted to contri-
bute to each other's profperity j and if any thing
is
f
[ 65 ]
js likely to prolong, to ^ges tod remote for pro-
bable con jedure, the freedom and profperity of
this kingdom, I conceive it would be, the con-
nection which may now be formed with Britidi
America*' ,- ■ ■ -'ic ?.'■'' *"■■• - ••■ ••.*;"•:■•
The paflionsofthe Americans> who are in the
midft of the fcene of aftion, muft no doubt be
more excited than here, where all is ftill at reft^
and certainly refentment, from the defolation of
war, muft be ftrong in the minds of many j but
the fuccefles they have had, againft the beft dif-
ciplined and braveft troops in Europe, as it muft
elevate their minds, will alfo, in brave menj al-
leviate their refentment> and the condud of Ge- .
neral Gates and his army, after the capitulation of
General Burgoyne> is an evident proof, that this
has been the cafck The conduft of that victorious
armyi was that of a brave, generous, and civil-
ized people ; and at the fame time that it de-
ferves the higheft praife, is an evident proof, that
the violence of refentment was cxtinguifhed with
victory.
Another obftaclc may arile, frbtn the amtjitiort
of individuals, who having been raifed by the
prefent difputes, to fituations of great importance,
may diflike to return to their former fittiations.
But as the Americans have not cxifted as a fepa-
rate people, for more than two years j as the indi-
viduals which compofe that people, have not yet
had time to be corrupted ; and as I do believe^
that the greater part of thoic, who have put them-
felves moft forward, on this occafion, have been
K inQuenced
r- i.
I
[ 66 1
influenced by a ftrong and fervent love of their
country j I do not believe, that if a fair profpeft
is opened, of eftabli^ing the rights of America
upon a clear and ' iJ footing, and of reftoring
the ancient connecliou with this country, upon ho-
nourable terms, that thefe men will, from per-
fonal motives, throw any obftacle in the way.
That fuch felfifh principles are the growth of cor^
rupted ftates, and do not exift in the early age*
of a Repi^'blic, may be icen, from what frequently
happened in ancient Rome, where thofe who had
ferved the date in the higheft fituations, in times
of public danger, retired, without regret, to the
plough, and refumed the hunxble care of their do-
meftic concerns. r - >
America muft know, that notwithftanding our
bad fucceflcs hitherto, we are ftill able to diftrcfs
them much, if not to conquer them. That if our
blood and treafure is wafted, theirs cannot be
fparedj and if it were clear, that the aid of
France would turn the fcale in their favour, yet
that aid cannot be obtained without conceflions
on their part, more prejudicial to them, than would
refult from a proper connexion with us, nor
would the trade of France compenfate to Ame-
rica, the lofs of the trade of Britain.
■ I will fairly confefs, that I do not know, if it
would have been wife in America, to have entered
into an agreement with us, till they had convinced
this nation, as they have certainly done, of their
power to refift, and to defend their rights j be-
caufe till then, they could not have relied with
perfect
''I
f «7 ]
jperfcft confidence, on the obfcrvancc of fuch an
agreement in all future times, and the prejudices
entertained in this country, to their difadvantage,
perhaps required as ftrong proofs Is they have
given, of their fpirit, to be entirely removed. But
the cafe is now extremely different i whatever treaty
is now made, they are fure will be faithfully per-
formed, and they are certain of enjoying every
advantage arifing from the Britifh Conftitution, to
the utmoft extent. Will any man fay, that it is
poflible to exchange it for a better ? Or will wife
men truft to uncertain fpeculations, in a matter of
fuch infinite confequence to their happinefs, and
will they rejed a certain good within their reach,
in order to gralp at an imaginary idea of per-
fedion? . K.- ....
The cafe may be jlJated in another view : Let
the Parliament of Great Britain be in this cafe
confidered, in the queftion with America, as one
perfon, and as reprefenting the executive power ;
this power, we fhall fuppofe, has attempted to en-
croach on the liberties of America, in the point pf
taxation, as Charles the Firft did with refpedt to
England. The Americans refill, and have at laft
?ii opportunity, of fixing the limits of this power
for the future, fo as that no tax fliall be there-
after levied, without the confent of the refpedive
Aflcmblies chofen by themfelves. They have alfo
an opportunity of afcertaining all other doubtful
points in the conftitution, and of having all their
^grievances redrelTed. Would it not be a degree
pf Jui^sicyi to let Hip an opportunity fc favourable
" K ^ * \i: to
k
n
I
*a'
' N
[ 68 ]
to their happinefs, and to perfift in a ruinous and
bloody war, in hopes that at laft, with the aid of
fi defpotic Government;, they may eftablifh a new
and independent empire. Can they at once forget,
the happinefs they enjoyed, and the freedom and
profperity which wasevery v/herediffufed, through-
out thefe fertile province's, before the Britifh Par-
liament attempted to tax tJiem j and can they hopt
for more profperity, under any poflible form of
conftitution, provided their rights are now clearly
aicertained ? Were the natives of any angient free
State, or arc the natives of Holland now, more fi'ee
or happy, than thofe of the Britiih ifles ? Some of
the leaders in America have, however, affirmed in
their writings, that though every ancient and
modern form of Republican Government, has been
defective j yet they have difcovered the true caufes
of their decline j and that the new fyftem formed
for America, is free from all of thefe d,efe<fts. But
human wifdom is too limited, toforefee all the con-
fequences of a new inftitution ; and all wife men
will rather chufe to truft to adual experience, in
fuch ferious matters, than to uncertain theory. The
4efe£ls indeed of the prelbnt American plans of Go-
vernment, are too apparent to efcape obfcrvation.
The perpetual fources of war and difFenfion,
which mull arife between Great Britain and Ame-
rica, on account of the Newfoundland Filhery,
and the Weft India iflands, is another argument
■ for conciliation. It is not to be fuppofed, that
' Great Britain will give up thefe, without the ut-
■ molt exertion to prefervc them 3 and if they remain
V - I with
[ 69 3
■with her, continual difputes nnuft arife with Ame-
rica, particularly with refped to the Fiiheries
which lie fo near to their coafts. * ' '
I flatter myfclf therefore, that the ancient good
humour will ftili return, between thefe two parts of
the Britifli empire. It is unnecelTary to enter into
a detail of what would be the proper terms of their
reconciliation. The great outline is. That Great
Britain fhould take every honourable ftep, which
may be neceflary, to remove thejealoufies and ob-
tain the confidence of a people, who, like our an-
ceftors, have given fignal proofs of their bravery,
as. well as their enthufiaftic love of liberty j and
for that purpofe, the Americans Ihould, in my
opinion, have the moft perfed fecurity given to
them, with refpeft to the right of taxation j and
that their charters of government Ihall be invio-
lable, unlefs in confequence of petitions, from the
great body of the people themfelvesj that the
trial by jury fliould be univerfally eftabliflied ;
that: Canada fhould enjoy a Britifli Conftitution'j
that the laws for reguluting their trade Ihould be
revifed, and every alteration made, which can be-
nefit them, without materially injuring us. In ^
word, that their grievances of every fort fliould be
inquired into and redreflfed, that fo they may re-
pofe with entire confidence on the good faith and
friendfliip of this country*. And that, on the other
• Tlie appointment of Patent Officers, with power to reCidc
h9te, and a£l by deputies there, is mifchieiouzi both to Ame-
rica find to us. — The prefent mode of determining appeals from
the Colonies, by the privy council, has been felt m a giievaiice,
jin4 certainly requires redrefs,
^ . hand,
f
Yi\
1 1
I '70 1
hand, they jfhould contribute a generous fharc of
the public burdens, and grant fuch further aids in
times of war, as their own aflcmblies Ihall think
reafonable. Thefe occafional aids, in all cafes of
real public exigence, will, I am convinced, be
greater, notwithftanding the debt they have lately
incurred, than our moft fanguine ideas have ever
reached. ■' - ■ ■ ' ' -■^' '" ' ■•"■'••','
I think it extremely immaterial to us, whether
the fum to be annually contributed to the publit:
burdens, be fixed now, or left to the annual vott
of their Aflemblics. By leaving it entirely to their
own Aflemblies, we fhould certainly gain more ef-
feftually the confidence of a brave and generoirs
people, which is of infinitely greater confcquencc,
than any fum for which we could ftipulate on thk
occafion. But if a miftaken idea, of the proper
dignity of a great and powerful ftate, Ihould re-
quire fomc pofitive ftipulation, after fuch a con-
tell, I cannot believe, that the Americans would
hefitate, if that became the only point in difpute,
to grant uS, after a due confideration had, of the
great expences they have incurred, a reafonable
and even a liberal annual revenue. If we are, how-
ever, entirely relieved of the former expence of
our eftablilhmcnts there, and America does not
require the bounties we formerly paid, on the im-
portation of her goods, the revenue from thefe
two fources alone would be an objed of the grcateft
importance. But thefe are points, which would
be eafily fettled by negociation, if the animofity
on all fides -yverc once removed ^ and for that im-
.' ' portant
1. 1 '■
[ 71 ]
portant purpofe, it will, in my opinion, become
the magnanimity of this country, to begin with
quieting the juft apprehenfions of fo valuable
a part of its feliow-fubjefts, by giving them ample
fecurity againil taxation, and againft the exercife
of certain other a(5ts of legiflation, which, I think
in my confcience, we cannot exercife, confidently
with the true fpirit of our own conflitution.
If we are fincere in the intention of doing this,
the mode of executing it mufl certainly be, by re-
folutions moved in the Houfe of Commons. But
I apprehend it would prove moft cffedlual, for dif-
appointing the arts of untradtable fpirits, in both
countries, if, without minutely entering into a
detail of conditions, the moft extenfive gene-
ral powers were immediately granted, by A6b
of Parliament, to proper Commiffioners, named
in the A6t, to conclude an agreement with Ame-
rica, upon fuch terms as Ihall be found moft
efFeftual, for eftablifhing a mutual and lafting con-
fidence between the two countries.
FINIS.
;-? J Ai-yniK
n vrn ' i r^*!*^ jI
■'> <
IJ!<
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; Vj»
^.ciu;; '•/'
i.-i
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i * » I Vf J
i^^ '■■>.
•If I f.(
L'O
. :k
>il
•■* • lit
•.f .1 til
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iff!
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- V'.. -,^ »• - '^ r- ,••■'- ' r .'"•"•»
;
APPENDIX.
m
Letters of Dr. Franklyn^ pubUjhed in
the London Chronicle^ from the 6th
to the %th of February^ 1766.
'V
'To the Printer of the London Chronicle*
SIR,
"IN July 1754, when, from the encroachments
of the French in America on the lands of the
crown, and the interruption they gave to the com-
merce of this country among the Indians, a war
was apprehended, CommifTioners from a number
of the Colonies met at Albany, to form a Plan
of Union for their common defence. The plaA
they agreed to was in fhort this ; ' That a grand
* Council fhould be formed, of members to be cho-
* fen by the affcmblies and fent from all the Colo-
* nies i which Council, together with a Governor
« General to be appointed by the Crown, fhould
* be empowered to make general laws to raife mo-
* ney in all the Colonies for the defence of the
L ' wh<?le.'
[ 74 ]
y
' whole.' This plan was fent to the Government
here for approbation : had it been approved and
cftablifhed by authority from hence, EngliQi Ame-
rica tliought itfclf fufficiently able to cope with the
French without other afllftancej feveral of the
Colonics, having alone in former wars, withftood
the whole power of the enemy, unaflifted not only
by the Mother-country, but by any of the neigh-
bouring provinces. The plan however was not
approved here : but a new one was formed inllead
of it, by winch it was propofed, that * the Govern-
* 6rs of all the Colonies,, attended by one or two
< members of their refpeftive Councils, fhould af-
* femble, concert meafures for the defence of the
' whole, cre6l forts where they judged proper, and
* raife wliat troops they thought neceflary, with
* power to draw on the treafury here for the iiims
* tliat fliould be wanted y and the treafury to be
c: reimburft'd by a tax laid on the Colonies by aft
* of Parliament.' This new plan being commu-
nicated by Governor Sbirlty to a gentleman of Phi-
ladelphia, then in Bofton, (who hath very emU
nentiy diftinguifhed himfelf, before and fince that
time, in the literary world, and whofe judgment^
penetration and candour, as well as his readinefi
and ability to fuggcfl, forward, or carry into cx~
ecution every fcheme of public utility^ hath moft
defervedly endeared him, not only to our fellow-
fubjeds throughout the whole continent of North-
America,, but to his numberlefs friends on this
fide the Atlantic) occafioned the following re-
marks from him, which perhaps may have con-
tributed
[ 75 ]
ttibiitexl in fome degree to its being laid afide. As
they very particularly Ihow the then {"entimcnts of
tlie Americans on the fubjedl of a parliamentary
tax, before the French power in that country was
fubdiied, and before the late reftraints on their
commerce, they fatisfy me, and I hope they will
convince your readers, contrar)'^ to what has been
advanced by fome of your correfpondents, that
thofe particulars have had no fhare in producing"
the prefent oppofitlon to fuch a tax, nor in the-
•difturbances occafioned by it ; which thefe papers
•indeed do almoft prophetically foretek For this
purpofe, having accidentJiUy fallen into my hands,
they are communicated to you by one who is, not
partialhfi but in the tnofi enlarged fenfcy
* A Lover of Britaij^v
•iC
SIR, . ., .. I^uefday Morning.
1 return the loofe fheets of the plan, with
thanks to your Excellency for communicating
them. ^ ': . ... . ^
"I apprehend, that excluding the People of the
Colonies frojn all Ibare in the choice of the Grand
Council, will give extreme diflatisfaibion, as weE
as the taxing them by A6t of Parliament, where
they have no Reprefentative. It is very poffiblCy
that this general Government might be as well
and faithfully adminiftered without the people, as
with them j but where heavy burthens are to be
laid on them, it has been found ufefiil to make it,
as much as poffible, their own a£t ; for they bear
. . L 2 better
'?
m
[ 76 ]
better when thv'^'y have, or think they have fome
fliare in the diredioni and when any public mea-
fiires are generally grievous or even diftalteful to
the people, the wheels of Government muft move
more heavily."
SIR, JVednefday Morning.
*' 1 mentioned it yefterday to your Excellency
as my opinion, that excluding the People of the
Colonies from all fliare in the choice of th<; Grand
Council, would probably give extreme diflatif-
fadtion, as well as the taxing them by Aft of Par-
liament, where they have no Rcprefentative. In
rpatters of general concern to the People, and efpe-^
cially where burthens are to be laid upon them, in
is of ufe to confider, as well what they will be apt
to think and fay^ as what they ought to think : I
fhall cherefore, as your Excellency requires it of
me, briefly mention what of either kind occurs to
me on this occasion ,
" Firft they will fay, and perhaps with juflice„
that the body of the People in the Colonies are a^
loyal, and as firmly attached to (lie prefent Con-
ftitution, and reigning faaiily, as any fubjeds ia
the King's dominions.
♦* That there is no reafon to doubt the readinefs
and willingncfs of the Reprefcntatives they may
chufe, to grant from time to time fuch fupplies for
the defence of the Country, as Ihall be judged
jieceffary, fo far as their abilities will allow.
" That the People in the Colonics, who are
to feel the immediate milchiefs of mvafion and
, . conquelt
[ 77 ]
conqv.eft by an enemy, in the lofs of their eflate<?,
lives and liberties, are likely ;.o be better judges
of the quantity of forces neceflar)^ to be raifed and
maintained, forts to be built and fupported, and
of their own abilities to bear the expencc, than the
Parliament of England at fo great a diftance.
** That Governors often come to the Colonies
merely to make fortunes, with which they intend
to return to Britain, are not always men of the
belt abilities or integrity, have many of them
no eftates here, nor any natural conne(5I:on with
us, that fliould make them heartily concerned
for our welfare] and might polTibly be fond of
raifing and keeping up more forces than necefTary,
from the profits accruing to tliemfelves, and to
make provifions for their friends and dependants.
" That the Counfellors in mo(t of the colonies
being appointed by the Cro'.vn, on the recom-
mendation of Governors, are often of fmall eftates,
frequently dependant on the Governors for Oifices,
and tlierefore too much under influence.
" T hat there is therefore great reafon to be jea-
lous of a power in fuch Governors and Councils,
to raife fuch fums as they fhall judge neceffary, by
^raft on the Lords of the Treafury, to be af-
terwards laid on the Colonies by Adl of Parlia-
ment, and paid by the People here : fnice they
mighi abufe it, by projedling ufelcfs expeditions,
harafling the People, and taking them from their
labour to execute fuch projects, merely to create
offices and employments, and gratify their de-
pendants, and divide profits. ,
«* That
I
im I
[ 78 ]
" That the Parliament of England is at a great
diftincc, llibjt'dt to be mirinformed and miflcd by
fuch Governors and Councils, whofe united in-
tereils might probably fccure them againil the
€tFecl of any complaint from hence.
" That it is fiippofed an undoubted right of
Engiilhmen not to be taxed but by their own con-
fent given through their reprefentatives.
" That the Colonies have j\o Reprefentatives
in Parliament.
" That to propofe taxing them by Parliament,
and refufe them the liberty of chuf.ng a repre-
sentative Council, to meet in the Colonies, and
confider and judge of the necefllty of any general
tax, and the quantum, fliows a fufpicicn of their
ioyalty to the Crown, or of their regard for
their Country, or of their common fenfe and un-
derftanding, which they have not deferved.
" That compelling the Colonies to pay money
without their confent, would be rather like raifing
contributions in an enemy's country, than taxing
of Englillimcn for their own public benefit.
" Thut it would be treating them as a cort-
qucred people, and not as true Britifh fubjedls. '
" That a tax laid by the Reprefentatives of the
Colonies might eafily be lefTened as the occafions
fhould leflen, but being once laiil by Parliament,
under the influenre of rcprefentations made by
Governors, would probably be k^^pt up and con-
tinued for the benefit: of Governors, to the griev-
ous I jrthen and difcouragenient of the Colonies,
and prevention of their growth and incrcafc.
" That
m
[ 79 ]
•* That a power in Governors to march the
inhabitants from one end of the Britifh and French
Colonies to the other, being a country of at leaft
4500 miles fquare, without the approbation or
•confent of their Reprefentatives firft obtained ta
iuch expeditions^ migiit be grievous and ruinoiis
to the People, and would put them on a footing
^ith the fubjefts of France in Canada, that noir
.groan under fuch opprefilon from their Governor,
who for tv/o years palt has harafled them with long,
and deftrudive marches to the Ohio.
" That if the Colonies in a body may be well
governed by Governors and Councils appointed
by the Crown, without Reprefentatives, particu-
lar Colonies may as well or better be fo governed ;
a tax may be laid on them all by Ad of Parlia-
ment, for fupport of Government, and their Af-
femblies may be difm.ified as an ufelels part of the
Conllitution.
«' That the powers propofed by the Albany plan
of union, to be veiled in a Grand Council Reprc-
tentative of the People, t-ven with regard to mili-
lary matters, are not fo great as thofe the Colonies
of Rhode Ifland and Connecticut are entrufted
with by their Charters, and have never abufed i
for by this plan, the Prcfidcnt General is ap-
pointed by the Crown, and controuls all by hi4
negative; but in thofe Governments the People
chufe the Governor, and yet allow him no nega-
tive.
" That the Britifli Colonics bordering on the
French are properly Frontiers of the Britifh Em-
pire;
m
r
m/mimm
I
n
[ 80 ]
pire J and the frontiers of an empire are prop^rl/
defended at the joint expcnce of the body of the
people in fuch empire: It would now be thought
hard by A6t of Parliament to oblige the Cinque
Ports or fea coafts of Britain to maintain the whole
navy, becaufe they are more immediately de-
fended by itj not allowing them at the fame time a
vote in chufing Members of the Parliament; and
if the frontiers of America muft bear the expence
of their own defence, it feems hard to allow them
no (hare in voting the money, judging of the ne-
ceflity and fum, or advifmg the meafures.
''•■ Thar befidcs the taxes nccelTary for the de-
fence of the frontiers, the Colonies pay yearly
great fums to the Mother-country unnoticed : For
taxes paid in Britain by the landholder or artificer,
mufl enter into and increafe the price of the pro-
duce of land, c^nd of manufaftures made of it;
and giea'- part of this is paid by confumers in
the Colo'iies, who thereby pay a confiderable part
of the Britilh taxes.
" We are reftrained in our trade with foreign
nati< /Pb ; and where we could be fupplied with any
maiuifadure cheaper from them, but muft buy
th'; fame dearer from Britain, the difference of
price i;^ a ch.d- tax to Britain. We are obliged to
c Try ^'•^iiL part of our produce dired:ly to Biirain,
,:.nd where the duties there laid upon it leflen its
p.ice to the planter, or it fells for lefs than it would
in for foreign markets; the difference is a tax paid
to Britain.
4 " Some
£ 8i ]
" Some manufadlures we could make, but arc
forbidden, and muft take them of Britifh mer-
chants i the whole price of thefe is a tax paid to
Britain.
" By our greatly increafing the demand and
confumption of Britifh manufadlures, their price
is eonfiderably raifed of late years -, the advance
is clear profit to Britain, and enables its people
better co pay great taxes j and much of it being
paid by us, is clear tax to Britain.
" In fhort, as we are not fuffered to regulate
our trade, and reftrain the importation and con-
fumption of Britifh fuperfluities (as Britain can the
confumption of foreign fuperfluities), our whole
Wealth centers finally among the merchants and in-
habitants of Britain; and if we make them richer,
and enable them better to pay their taxes, it is
nearly the fame as being taxed ourfelves, and
equally beneficial to the Crown.
" Thefe kind of fecondary taxes, however, we
do not complain of, though we have no fhare in
the laying v)r difpofing of them ; but to pay imme-
diate iK-avy taxes, in the laying, appropriation,
and difpofition of which we have no part, and
whkh perhaps we may know to be as unnecefPary as
grievous, muft feem hard nieafure to Englifhmen,
who cannot conceive, that by hazarding their lives
und fortunes, in fubduing and fettling new coun-
tries, extending the dominion and increafing the
commerce of their Mother-nation, they have for-
feited the native rights of Britons, which they think
M ousht
I
J«
$>
f
'ii„t
i:«(f,
m
[ B2 ]
f
\w
ought rather to be given them as due to fuch merit,
if they had been before in a ftate of flavery.
" Thefe, and fuch kind of things as thefe, I
apprehend, will be thought and faid by the people,
if the propoi'ed alteration of the Albany plan
fliould take place. Then the adminiflration of
the Board of Governors and Council, fo appointed,
not having any reprefentative body of the people
to approve and unite in its meafures, and conciliate
the minds of the people to them, will probably be-
come fufpeded and odious; dangerous animofities
and feuds will arife between the Governors and Go-
verned, and every thing go into confufion.
" Perhaps I am too apprehenfive in this mat-
ter i but having freely given my opinion and rca-
fons, your Excellency can judge better than I
whether there be any weight in them, and the
fhortnefs of the time allowed me, will, I hope, in
fome degree, excufc the imperfe6tion of this fcrawl.
" With the greateft refpect, and fidelity, I have
the honour to be, your Excellency's moil
obedient, and moll humble fervant."
\y
S I R, Bq/hfJi Dec. 2a, 1754.
" Since the converlation your Excellency was
pleafcd to honour me with, on the fubjed: of larart-
ing the Colonies more intimately with Great Bri-
tain, by allov/ing them Reprcfentatives in Parlia-
ment, I have fomcthing further confidered that
ma:ter, anil am of opinion, that fuch an union
would
[ 83 ]
would be very acceptable to the Colonies, provided
they had a reafonable number of Reprefentatives
allowed them } and that all the old Ads of Parlia-
ment, reftraining the trade or cramping the manu-
faflures of the Colonies, be at the fame time re-
pealed, and the Briuifh fubje(51:s on this fide the water
put, in thole refpeds, on the fame footing with thofe
in Great Britain, till the new Parliament, repre-
fenting the whole, Ihall think it for the intereft of
the whole to re-ena6l fome or all of them : It is
not that I imagine fo many Reprefentatives will be
allowed the Colonies, as to have any great weight
by their numbers; but I think there might be fuf-
ficient to occafion thofe laws to be better and more
impartially confidered, and perhaps to overcome
the private intereft of a petty corporation, or of
any particular fet of artificers or traders in Eng-
land, who heretofore feem, in fome inftances, to
have been more regarded than all the Colonies, or
than was confident with the general intereft, or
beft national good. I think too, that the govern-
ment of the Colonics by a Parliament, in which
they are fairly leprefented, would be vaftly more
agreeable to the people, than the method lately
attempted to be introduced b'^ Royal Inftruvftions,
as well as more agreeable to the nature of an I'ng-
lilh Conftitution, and to Englifli Liberty i and
that fuch laws as now feem to bear hard on the
Colonies, would (when judged by fuch a Parli:i-
ment for the beft intereft of the whole) be more
chcarfully fubmitted to, and more eafily executed.
S
^
I*
i
M 2
*' I flioukl
[ 84 }
" 1 Ihould hope too, that by llich an unions the
people of Great Britain and the people of the Co-
lonies would learn to confider themfelves, not as
belonging to different Communities with different
interefts, but to one Community with one intereft,
which I imagine would contribute to flrengthen
the whole, and greatly lelTen the danger of future
feparations.
" It is, I fuppofe, agreed to be the general in-
tereft of any ftate, that its people be numerous
and rich ; men enough to fight in its defence, and
enow to pay fufHcient taxes to defray the charge ;
for thefe circumftances tend to the fecurity of the
flate, and its protection from foreign power : But
it feems not of fo much importance whether the
fighting be done by John or Thomas, or the tax
paid by William or Charles : the iron manufac-
ture employs and enriches the Britifh Subjedts, but
is it of any importance to the ftate, whether the
manufa<5turers live at Birmingham or Sheffield, or
both, fince they are ftill within its bounds, and
their wealth and perfons at its command ? Could
the Goodwin Sands be laid dry by banks, and land
equal to a large country thereby gained to England,
and prefently filled with Englifh inhabitants, would
it be right to deprive fuch inhabitants of the com-
mon privileges enjoyed by other Englishmen, the
right of vending their produce in the fame ports,
or of making their own Ihoes, becaufe a merchant,
or a fhoemaker, living on the old land, might
fancy it more for his advantage to trade or make
fhoes
r is 1
(hoes for them ?' Would this be right, even if th«
land were gained at the expence of the ftate ? And
would it not k^m lefs right, if the charge and la-
bour of gaining the additional territory to Britain
had been borne by the icttlers themfelves ? And
would not the hardfliip appear yet greater, if the
people of the new country Ihould be allowed no
Reprefentatives in the Parliament enafting fuch
impofitions ? Now I look on the Colonies as fo
many counties gained to Great Britain, and more
advantageous to it than if they had been gained
out of the {e^ around its coafts, and joined to its
land : For, being in different climates, they af-
ford greater variety of produce, and materials for
more manufaftures ; and being fcparated by the
ocean, they increafe much more its Ihipping and
feamen ; and fince they are all included in theBritilh
Empire, which has only extended itfelf by their
means j and the ftrength and wealth of the parts
is the ftrength and wealth of the whole ; what
imports it to the general ftate, whether a mer-
chant, a fmith, or a hatter, grow rich in Old or
New England ? And if, through increafe of
people, two fmiths are wanted for one employed
before, why may not the new fmith be allowed to
live and thrive in the New Country, as well as the
old one in the Old? In fine, why fhould the coun-
tenance of a ftate be partially afforded to its
people, unlefs it be moft in favour of thofe, who
have moft merit ? and if there be any difference,
thofe who have moft contributed to enlarge Bri-
3 tain's
.1!'
1^
.1.
'^
I
I
[n
[ 8^ J
tain's empire and commerce, to increafe her
ftrength, her wealth, and the numbers of her peo-
ple, at the rifle of their own lives and private for-
tunes, in new and fti-ange countries, methinks,
ought rather to expect fome preference.
" With the greateft refped and efleem, I have
the honour to be , ?
i Your Excellency's mofl: obedient
and moft humble fervant."
<•
i i.
'. ■'
t.\ .
II .
Illil.
APPENDIX.
A P P E N D I X,
N°. II.
Extra&from a Treatife^ entitled^ « Let-
ter from a Merchant in London to
his Nephew in America^' written in
I y 66, 6y Dr. Tucker, Dean ofGlo-
cejier, atd naw republijhed in a Book,
entitle i, *"' Four TraBs on political
and commercial SubjeBsr
—P. loi. " QIVE me leave to afk you, young
man, what it w you mean, by
repeating to me fo often, in t\ ry letter, the
Spirit of the Conjiiiution ? I own, i do not much
approve of this phrafe, becaufe its mean], g h- fo
vague and indeterminate, and becaufe it may be
made to ferve all purpofes alik. good or bad.
And indeed, it has been my conftaiu remark, that
when men were at a lofs, for folid arguments, and
matter of fad, in their political difputes, they
then have recourfe to ihe fpirit of the ConftJtu-
tion.
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tian* as to their laH ihifc, and^e only thm^tkaf
had to fay. An American, for exampJe, now
infifts, that, according to the fpirit of the EngUJb
Conftitution, he ought not to be taxed without
his own confent, given either by hKtufelf, or by a
rcprefentative in Parliament, chofert" by himfelf.
Why ought he not ? And doth the Conftitution
fay in fo many words, that he ought not? Or
doth it fay, that every man cither hath, or ought
to h»ve^ or was intended to have, a vote for a
member of- Parliament ? No, by no means : the
Conftitution fays no fuch thing— But the fpirit of
it doth, aijd that is as good, perhaps better —
Very well j fee then how the fame fpirit will prc-
fcntly wheel about, and aflert a doftrine quite re-
pugnant to thi claittisand pofi^ons of you Ainc-
ricans. Migna Charra, for cxartiple, i« the great
foundation of Englifh liberties, and the bafis of
the Englilh Conftitution. But, by the fpirit of
Magna Charta, all taxes laid on by Parliament,
are cMftitutimtal legal taxes ; and taxes raifed by
the prerogative of the Crown, without the con-
fent of the Parliamtent, arc illegal. Now remem-
ber, young man, thit the lite rax, of duties upon
ftafnps, was laid on by Parliament ; and there-
fore, according to your own way of reafoning,
muft have been a regular conftitutional legsfl
tax. Nay more, the principal end and intention
of Magna Charta, as far as taxation is concerned,
was to aflert the authority and jurifdidion of the
three cftates of the kingdom, in oppofition to the
Jolc prerogative of the King } fo that if you will
now
t 89 I
cc
cc
now plead the fpirit of Magna Charta, againft
the jurifdiftion of Parliament, you will plead
Magna Charta a^ainft itlelf."
And in page 108, the fame author goes on as
follows : " What then is it, which you have
next to offer ? Oh ! " The unreafonablenefs, the
" injuflice and the cruelty of taxing a free people,
" without permitting them to have reprefenta-
**. tives of their own to anfwer for them, and to
maintain their fundamental rights and privi-
leges*'* — Strange ! that you did not difcover
thefe bad things before — Strange ! that though
the Bririfh Parliament has been from the begin-
ning, thus unreafonable, thus unjuit and cruel,
towards you, by levying taxes on many commo-
dities outwards and inwards, nay, by laying an
internal tax, the -poft tax for example, on the
whole Britilh empire in America, and what is ftill
worfe, by making laws to affedt your property,
your paper currency, and even to take away life
kfelf, if you offend againft them. Strange and
unaccountable I fay, that after you had fuffered
this fo long, you Ihould not have been able ta
have difcovered, that you were without repre-
fcntatives in the Britilh Parliament of your own
clefting, till this enlightening tax upon paper
opened your eyes, and what a pity it is that you
have been flavts, and yet did not know that you
were (laves until now. .
" But let that pafs— for I always chufc to confute
I ou in your own way. Now, if you mean any
thing at all by the words unreafonable, unjuft^
N and
[ 90 ]
and cruel, as iifed in this difpute, you muft mean,
that the mother couniry deals worfe ly you than by
the inhabitants of Great Britain^ and that Jhe denies
certain conjlitutional rights and privileges to you
abroadt which we enjoy here at home. Now pray,
what are thefe conftitutional rights and liberties
which are refufed to you ? Name them if you can.
The things which you pretend to allege, are,
the rights of voting for members of the Britifh
Parliament, and the liberty of chufing your own
reprt'fentatives. — But, furely, you will not dare to
fay, that we refufc your votes .when you come
hither to offer them, and chufe to poll. You
cannot have the face to aifert, that, on an elec-
tion day, any difference is put, between the vote
of a man born in America, and of one born here
in England, Yet this you mufl affert, and prove
too, before you can fay any thing to the prefent
purpofc. Suppofe therefore, that an American
hath acquired a vote, as he legally may, and ma-
ny have done, in any of our cities or counties,
towns or boroughs j fuppofe that he is become a
freeman or a freeholder here in England. On
that flate of the cafe, prove if you can, that his
vote was ever refufed becaufe he was born in
America — prove this I fay, and then I will al-
low, that your complaints are very juft, and that
you are indeed the much injured, the cruelly
treated people you would make the world be-
lieve.
" But is this fuppofcd refufal the real caufc of
your complaint ? Is this the grievance that; calU
I 9^ 1
Co loudly for redrefs. Oh ! no, you have no com-
plaint of this fort to make, but the caufe of your
complaint is this, that you live at too great a
diftance from the Mother-country, to be prefent
at our Englilh eleftions, and that in confequence
of this diftance, the freedom of our towns, or the
freeholds in our counties, as far as voting is con-
cerned, are not worth attending to. It may be
fo, but pray confider, if you yourfelves do chufe
to make it inconvenient for you to come and
vote, by r£tiring into diftant countries, what is
that to us, and why are we to be reproached, for
committing a violation of the birthrights of
Englifhmen, which, if it be a violation, is com-
mitted only by yourfelves — Gtanting that the Co-
lonies are unrcprefented in the Britifh Parliament,
granting that two millions of people in America
have in this refpeft no choice nor elcdion of their
own, through the necefllty of the cafe, and their
diftance from the place of eledlion, what would
you infer from this conceflion, and wherein can
fuch kind of topics fupport your caufe ? For know,
young man, that not only two millions, which are
the utmoft that your exaggerated accounts caq
be fwelled to, I fay, not only two millions, but
fix millions at leaft, of the inhabitants of Great
Britain, are ftill unrcprefented in the Britifti Par^
liament. And this omiflion arifes not from the
necefllty of the cafe, not from confulting intereft
and convenience, as with you, but from original
ideas of Gothic valfalage, from various c^fualtie^
$n4 accident?, from changc;s in the nature of pro-
N a
pcrtyj
perty, from the alteration of times and circum-=
ftances, and from a thoufand other caufes. Thus,
for example, in the great metropolis, and in ma-
ny other cities, landed pr<^rty itfelf hath no
feprefentative in Parliament j copyholds, and
leafeholds of various kinds, have none likcwife,
though of ever fo great a value. Moreover, in
fome towns, neither freedom nor birthright, nor
the ferving of an apprentice fhip, fhall entitle a
man to give his vote, though they may enable
him to fet up a trade. In other towns, the moft
numerous, the moft populous and flouriihing of
any, there are no freedoms or votes of any fortj
but all is open", and none are reprefented. And
befides all this, it is well known, that the great
Eaji India Company, which have fuch vaft iettle-r
ments, and which difpofe of the fate of kings
and kingdoms abroad, have not fo much as a
fingle member, or even a fingle vote, quatenus a
company, to watch over their interetts at home.
What likewife fhall we fay, in regard to the pror
digious number of ftock-holders in our public
funds ? And may not their property, perhap.^
little fhorc of one hundred millions Sterling, as much
deferve to be reprefented in Parliament, as the
fcattered townfhips or ftraggling houfes of fome
of your provinces in America ? Yet we raife nq
commotions ^ we neither ring the alarm bell, nor
found the trumpet i but fubmit to be taxed
without being reprefented, and taxed too, let me
tell you, for your fakes. Witncfs the addhional
duties on our lands, windows, houfes; alfo ot\
8
PMf
f 93 1
our malt, beer, ale, cyder, peny, wines, bran*
dy, rum, cofifee, chocolate, &c. &c, &c. for de-
fraying the e'zpences of the late war,-— not forget-
ting the grievous ftamp-^duty itfclf j all this, I fay,
we fubmitted to, when you were, or at Icaft you
pretended to be, in great diftrefs j fo that neither
men, almoft to the laft drop of blood we could
fpiW — nor money, to the laft piece of coin, were
fpared ) but all was granted away, all was made
^ facrifice, when you cried out for help: And
^e debt which we contraded on this occafion, is
fo extraordinary, as not to be paralleled in hiftory.
It is to be hoped, for the credit of human na-
ture, that the returns which you have made us,
for thefe fuccours, and your prefent behaviour
towards us, which perhaps is ftiil more extraor-
idinary, may not be paralleled lik^wife.
^^ But as you Americans do not chufc to remem-
ber any thing which we have done for you, though
we and our children fliall have caufe to remem-
ber it till Uteft pofterity— let us come to the
topic, which you yourfelycs do wifh to reft your
caufe upon, and which you imagine to be the
ihcet anchor of your ftate veflcl. ** You are not
*f reprefcnted, and you arc two million?, thercr
." fore you ought not to be taxed." We are not
reprefented and we are fix millions, therefore
we ought not to be taxed, Which now, even
in your own fenfe of things, have moft reafon to
complain? And which grievance, if it be a grie-
vance, deferves firft to be redrelfed ? Be it there-
(gre fuppofed, that an augmentation ought to
take
[ 94 ]
take place in our Houfe of Commons, in order
' to rcprefent in Parliament the prodigious num**
bcrs of Britifif fubjefts hitherto unreprefented.
Jn this cafe, the firft thing to be done is to fettle
the proportion. And therefore, if two millions
(the number of perfons actually reprefented at
pfefent) require five hundred and fifty-eight re-
prefentatives (which I think is the number of our
modern Houfe of Commons), How many will
fix millions require ? — The ahfwer is, that they
will require one thoufand fix hundred and feventy-
four reprefentatives. Now this is the firft aug^
mentation which is to be made to our lift of par^
liament men. And after this increafe, we are to
be furnifhed, by the fame rule of proportion, with
five hundred and fifty-eight more from the colo-
nies. So that the total numbers will be two thou-*
fund Jiven hundred and nimty reprejentatives ' in
parliament ! A goodly number truly ! and very
proper for the difpatch of bufinefs I Oh, the de-
cency of fiich an affembly ! the wifdom and gra^
vity.of two thoufand feven hundred and ninety
kgiflators, all met together in one room ! What
?i pity is it, that fo hopeful a project Ihou Id not
jjie carried into immediate execution j"
iidr^l^
t 9S 1
ExtraEl from a Pamphlet^ entitled^
' «< the rights of Great Britain of-
" ferted againfl the claims of Ame- ,
*' rica\ being an anfwer to the
" declaration of the General Con^
'' grefsr
—P. 3. " "WO maxim in policy is more univer-
fally admitted, than that a fu-
preme and uncontrollable power muft exift fome-
where in every ftate. This ultimate power,
though juftly dreaded and reprobated in the per-
fon of one mon^ is the firft fpring in every poli-
tical fociety. The great difference between the
degrees of freedom in various governments, con-
fifts merely in the manner of placing this necef-
fary difcretionary power. In the Britilh empire it
is veiled, where it is moft fafe, in King, Lords,
and Commons, under the colledive appellation of
the legiflature. The legiflature is another name
for the conftitution of the ftate, and in fad the
ftate itfelf. The Americans ftill own themfelves
the fubjcds of the ftate, but if they refufe obe-
dience to the laws of the legiflature, they play
upon words, and are no longer fubjeds, but re-
bels. In vain have they affirmed, that they are
the fubjeds of the king's prerogative, and not his
fubjeds in his legiflative quality j as the King
with regard to his fubjeds in general, is to be
I con^
3S
t 96 i
considered only in his executive capacity, as th<i
great hereditary magiftratCj who carries into ef-
fcft the laws of the legiflature, the only difcre-»
tionary and uncontrollable power in a free ftate.
*' Thcdifcretionary and uncontrollable authority
of the Britifli legiflature being granted, their right
to tax all the fubjeds of the Britiih empire can
never be denied. Some ill-informed reafoners in
politics have lately ftarted an oblblete maxim^
which has been feized with avidity by the Ame-
ricans, *' That the (upremc power cannot take
•* from any one, any part of his property without
" his confent," or in other words, that reprefenta-*
tioii is infepairable from taxation. The Colonifts,
fay they, have no reprcfentativcs in Parliament^
and therefore Parliament has no right to tax the
Colonies. Upon this principle, fcarce One in
twenty-five, of the people of Great Britain, is re-«
prefented. Out of more than feven millions, fewer
than three hundred thoufand have an exclufive
right to chufe members of Parliament; and there-
fore, more than three tirres the number of the
Americans have an equal right with them, to
difpiite the authority of the legifliuurc to fubjeft
them to taxes. The truth is, reprefcntation never
accompanied taxation in any ftate. The Ro-*
mans w^re a free nation, but the fenate, that i%
the great body of the nobility, poffelTcd the fole
right of taxing the people *, In this kingdom^
* The fpirit of the Eng1i(h conilitution will in vain be fogght
for, in the conllitution of ancient Rome.
the
/
t 91 T
the Houfc of Commons have an cxcliifivc rig!it
of moiiifying and regulating the quantity of
public fupplies, and the manner of laying taxes.
They decide upon what the legiflature ought to
receive for the fupport of the (late j but the Com-
mons, by their own authority, cinnot eftforce
the raifing the fupplies they vote* That privi^
lege is inherent in the fupreme and unaccount-
able power, vefted in the three branches of the
Legiflature united, who are in fa<5t the State, as
the virtual reprefentatives of the whole Empire,
and not the delegates of individuals.
" If reprcfentation is virtual in Great Britain,
why then is it not virtual in the Colonies ? Tl e
people of the four northern Provinces, though
they deny the fadt in words, own it in their con-
du(5t ; near one third of the corporations in New
England chufe no reprefentatives, to lave the ex-
pence of paying their deputies. They however
own the right of their Aflemblies, to impofe
taxes, and to make laws to bind the whole
community, as the reprefentatives of the whole.
Colony. The truth is, reprefentation has no
more to do with the right of taxation, than with
every other right exercifed by the fupreme and fuper- ,
intending power. It is interwoven with the very ef-
fence of the legiflative power, and is exerted by that
pov^^er for the ncceflary fupport of the State *.
"Why
• Thii example of the corporations of New England which
fhofe no reprefentatiTCs, ftrongly illuflrates the arpumm:
whkh I have ftnted.' Th« taxes impofcd by the Aflerobiy r>(i
P . ihc
II
r 98 1
" Why it has been fo generally received, as a
ftiaxim> in this country, that taxation an4 rcpre-
fentation are infeparable, requires to be further
explained. Men little acquainted with the Con^
ftitution, derive the opinion from their £uiding>
that it is the indifputable right of the Com-
mons> that all grants of fubfidies and Parliamen-
tary aids, fhpuld originate in their Houfe,, But-
though they firll beftow thefe fubfidies and aids^
their grants, as has been alrc;ady obferved, have
up effeft, ^vithout the afTent of the other two
branches of the Legiflaturcr The cotnmon rea-
fbn given for this exclufive privilege is, that as
the fuppli^s are raifed upon the body of the
people, the people only ought to have the right
of taxing themfelves* This argument would
have been conclufive, if the Commons taxed
none but thofe by whofe fuffrages they obtain their
feats in Parliament* But it has appeared, that
more than feven millions of people, befides the
Peers, wha are in pofTcflion of fb large a fhare
^ the Province, are general over the whde Province, aaJ not
}mpo(ed folely on any particular diilrif^. The reprefentativrv
of the other diftriAsy ar« therefore virtual reprefentatlvei of
thofe corporations which fend none, bec^ufe they and their
coRftitoents are equally concerned io intereft with the uni-e-
prefented parts of the Province, to keep the taxes low; and
this is found fo effe^ual a cheek againll abufe, that one third
of the corporations do not find it worth their while to fend
deputies. Th« fante was the caie anciently in England ; for
it is well known, that many boroughs declined fending Mem-
bers to Parliament, in order to fiive the cxpencc of paying
their deputies.
t 99 1
of property in the kingdom, have no voice Hi
Ihe ele6lion of the Members who fit in tht
lower Houfe, The Commons therefore, and
their conftituents, not being the only perfons
taxed, the former cannot poflfibly have the only
right of raifing and modelling the fiipply, from
the n^erc circumftance of reprcfentation *. But if
clicy have it not from rcprefentation, they mu'': in
fa6t derive it from ;the fupreme and difcretionary
power* which is repofed in them, in conjunftion
with the. two other branches of the l^giflaturci
It a|>pears upon the whole, that taxation is the
ref^lc of the difcretionary power, which k placed
in the htnds of the Legi/lature, and exerted by
cheiti for the neccffary fupport of the State. To>
dusipo^er, the: whc^e empire muft fubmit, and
tcoi)fequently 110 on.e of its fubje^ can claim any
exemption* , ,; - ^ ;. i
** The counties palatine of Chefter, Durham^
^4 Lancafter, were anciently in the fame predica-
ment with the Americans, on the article of taxa-
fian., The Earl «f Chefter, and the bifliop of
Dm:hain, became, by prefcription and immemo-
rial cuftom, pofleifed of a kind of regal jurifdic-
qpn» within their refpedive territories4 A fimilar
form of government was eftabliflied by King
Edward the Thij;d, ji^ jl>^ £^yii^t^ of .Lancafler,
'''•*lt wouM reqoifc tdOi lonf; a difcyffiou to ftjow the fallacy of
tK& riir6«raifr4 ' il>tliev«<i tan b« mude very clear, that in the
i9itd4 ^(*Qv^mmtnpi #U- aide or taxes were maciie by the con'-
fei^t of the people yfhQ, paid them, and rcprefpntation WM by
^iegreei (ut^ittttcd in pUce of aftual attcndiiiKe to wte.
O 2 which
I 100 i
• - *
^hich was created by that princein favour of Hen-
ry Pljintagcnet, whofe hcirefs carried the fame
rights and privijeges to John of Gaiuit and his
|)ofterity j but though the Jubprdinatc Sovereign*
-of thefe counties could pardon trcafons, mur*
ders, and felonies, though they appointed all
judges, . nominated all juftices of the peaces
.though all writs and indidlmcnts ran in their
names, as in other counties in that of the Kingj
though all offences were faid to be done againft
their peace, and not as in other places contra
f ac em dmtini regis, though in Ihort they po^efled
exclufively, the whole internal govcrntnent of
their feveral counties, their fu^jeffs, if thc-ex-
preflloh may be ufed, were ** always botindli)y
the ads and llatutes" of an alFembly, in -Whith
they had ho • reprcfentatives. They were alfo
" liable to all payments, rates, and fubfidies
»* granted by the parliament pf England^."
:" " Thcfe counties, it muft beconfeffed, like the
Americans, confidered their bein^g excllided from
having rcpVefentatives^ in an alTembly by which
they were taxed, agrievance. Accord ihgly the town
dnd county of Chefter, as far back as the 35th of
Henry the Eighth, petitioned the legiflatiire for
the privilege of fending Members to Parliament,
and their requeft was granted by an exprefs fta-*
^ute. I'he county and city of Durham-made a
fiiniUr application, and with the fame fviccef$,.in
the 25th of Charles the Second. Had the Ame-
ricans, inftead of flying to arms, fubmittcd ^he
i>ane luppofed grievance, in a peaceable and duti-
'y h ' fill
t .0. ^
7
he
• '
ti-
*ui
ful manner to tbe LegiHature, I can perceive no
rcafon why their requeft ihould be refuied. Had
they, like the county and city of Chefter, rcpre-
fented, that « for lack of knights and burgeflcs
•* to reprefcnt them in the high Court of Parlia-
.?« ment, they had been often times touched and
" grieved with adts and ftatutes, made within
" the faid Court, derogatory to their moft
" ancient jurifdiftions, liberties, apd privileges,
" and prejudicial to their quietnefs, reil:, an(jl
" peace -,** this country would, I am perfuadcd,
have no objedion to their being reprefented in
our Parliament.
" But the Colonies, though that circumftance is
only infinuated in the declaration, have uniformly
affirmed, that granting the fupremacy of parlia-
ment Ihould extend over the whole empire, yet
that they themfelves have a right to an exemp-
tion from taxes, either by the concefllons of the
Legiflature, or by charters from the King. It
feems incompatible with reafon, fay they, that the
Colonies Ihould have internal legiflatures of their
own, poflcfling the authority of taxation, and that,
notwithftanding, the Britilh Parliament ihould re-
tain its power of laying imports. The firft of
thefe affertions is not founded in truth, and the
charters neither give, nor can give, an exemption
from taxation.**
It is unneceflary to enter into a difcuflion of fe^
veral queftionable pofitions in thefe quotations.
They arc only here inferted, to (how, that thefe
diftin-
^ftmgtsiiKfed Writer^ coAccivdt, ihit the right of
Parliament td tax kht kMrept^fin^^d part of Eng-
land, ftandi' exaftly oil tht' fame footing with
' «h€ir right to tast Amcrlcai 'I: cohceive, on the
<?ontrary, that I 4tave fufRciently eucplained the
important diftiirflioft there = ift between the tW6
cafes, a didindtion to which a proper attenfioii
has not been given, and which conAitutes, in^nif
4ipfprdieiifi6n, the true and dTential merits of *thft
Igreat quei^n^.'iL'^ An.i o; uU'jiLi.n,>j«( Imh- '*
i^lfrn^oHrtu sv'tdtai^i^lJSiJ&ijy^^^^^^^ ni b^ct'/iilni yino
J I .^rti:ii tub ffioif V i:?; *^tl J Ycf "s^ <'ri Tiiijjp^f
m Lvbrj:
•^1
cTfi^ii
—■Vi**
JiOJi
i
njdf i'jai
nuita ^ihrn-
,oq iSldtTio! 'Hup Ifi't'.v
. •• * • •-'
m'^mi
I'f , I I ,!, ■
i«M*
A P P E N D I X.
N% III.
I ■* .
A G^atlejn^ at Pari^ having giren i copy of
this Pamphlet to Dr. Franklin, he received,
the following letter, which he tfanlinnitted to me,
explaining amillake into which I had fallen, with
refpeifk to the nature of Mr. Grenville's propofl*
tions to the Colonies, concerning the Stamp Act.
I have lince read Dr. Franklin!s cxAOiination at
the Bar of the Houfe of Commons in the Com-
mittee on the Repeal of the Stamp Aft in Spring
1766. And I find, that he then aiTerted* in pre-
fence of Mr. Grcnville, That he had delivered to
him the Rcfolution of Pennfylvania referred to in
the following letter, while the Stamp Aft was
under confideration, and before the BiU wm.
bjought in.
I think it my duty therefore to lay the matter
fairly before the Public, by pubiilhing Dr. Franks-
iia's account of that matter.
Ccpy cfa Litter from Dr, Franklin,
T
fi
''Dear Sir, PaJy^MardiitKi^-jt.
*' In the pamphlet you was fo kind as ta lend ,
liic, there is one importafit fact mi^ftated, appa- j
o rendy
ff ntly from the Writer's not having Been furnifliccf
wirh good iniormation. It is the tranfadliion be-
tween Mr. Grenvillc and the Colonies, wherein
he underftands that Mr. Grenville demanded of
them a fpecific fum ; that they refufed to grant
any thing ; and that it was pn their refufal only
that he made the motion for the Stamp Ad. No
one of thefe particulars is true. The fad. was ,
this :
.*•« Some time in the winter of 1763-4, Mr.
Grenville called together the Agents of the feve-
ral Colonies, and told them, that he purpofed to
draw a revenue from America, and to that end
his intention was to levy a ftamp duty in the Co-
lonies,' by ad of Parliament in the enfuing Seffion j
of which he thought it fit they Ihould be imme-
diately acquainted, that they might have time to
confider it ; and if any other tax equally produc-
tive would be more agreeable to them, they
might let him know it. The Agents were there-
fore direded to write this to their refpedive Al-
femblies, and communicate to him the anfwers-
they fhould receive. The Agents wrote accord-
ingly. I was a member in the Affembly of Penn->
fylvania when this notification came to hand.-*r
The obfervations there made upon it were :
That the ancient eftabliflied and regular me-
thod of drawing aids from the Colonies hid ever
been this : The^ occafion was always firft cpnfi-
dercd by their Sovereign in his Privy Coun-
cil, by whofe fage advice he direded his Secre-
tary of State to write circular letters to the fc- *
vera!
[ 105 ]
veral Governors, who were directed to lay them
before their aflemblies. In thofe letters, the
occafidn was explained for their fatisfaiStion, with
gracious expreffions of his Majefty's confidence
in their known duty and affedion, on which
he relied, that they would grant fuch fums
as fhould be fuitable to their abilities, loyalty,
and zeal for his fervice.— That the Colonies
had always granted liberally during the late
wari that the King, fenfible they had granted
much more than their proportion, had recom-
mended it to Parliament five years fucceflively, to
make them fome compenfation, and the Parlia-
ment accordingly returned them 200,000 /. a-year
to be divided among them. That the propolition
of taxing them in Parliament was therefore both'
novel and unneceflary. That by the conftitution
of the Colonies their bufinefs in matters of aid
was with the King; they had nothing to do with
any financier in England nor his projedbs, nor he
with them i nor were the Agents the proper ca-
nals through which requifitions fhould be made.
It was therefore improper for them to enter into
any flipulation, or make any propofition to Mr.
Grenville, about laying taxes on their confliuients
by Parliament, which had really no right at all to
tax them j efpecially as the notice he had lent
them of a revenue to be required of them, did
not {tppear to" be the King's order, and perhaps
was without his knowledge; as thz King, when he
would' obtain any thing of them, always accom-
panied his requifition with good words ; bnt this
P Gentle-
[ -ipfi ]
<c
€(
< ' t '
Oentlennan, inllead of a decent demand, fent
thiem ^ menace, that they fhould certainly be
taxed, and only left them the choice of the man-
ner. But all this notwithftanding, they were lb
far from rcfufing to grant money that they rc-
folved to the following purpofe, " That as they
always had, fo they always ihould think it their
duty to grant aids to the Crown according to
** their abilities, whenever required of them in
*' the ufual conftitutional manner." I went foon
after to England, and took with me an authentic
popy of this refolution, which I prefented to Mr,
Grenville before he brought in the Stamp A6b. I
mentioned in the Houfe of Commons (Mr. Gren-
ville being prcfent) that I had dojie fo, and hq
did not deny it, Other Colonies m^de fimilar
p.efolutions. .
• " And had Mr. Grenville, inftead of that KS:^
applied to the King in Council for fuch requifi-
torial letters to be circulated by the Secretary of
3tate, I am fure he would haye obtained morq
money from the Colonies by their voluntary
grants, than h^ fiimfelf expeded frpm his Stamps,
But he chofe to ufe cqmpulfion rather than per-
fuafion, and would not receive from their good-
will, what he thought he could obtain without it,
/Vnd thus f« the golden bridge" which the inge-
nious Author thinks the Americans " unwifely
f* and unbecomingly refufed to hold out to the
f* Minjfter and Parliament," was aftually held
put to them, but they refufed to walk over it,
'I'his is the true hiftory of that tranfaclion. And
% ■ * " W
,
\ I
i 107 ]
ks it Is probable there may be another Edition of
that excellent Pamphlet, I wilh this may be com-
municated to the candid Author^ who I doubt
not ./ill correa that error. I am ever, with fin-
<:crc clteem.
Dear Sir,
Your moft obedient humble Servant,
» (Signed) B. FRANKLIN."
2
Appen-
KMpn
• f. ' rn
imm
APPENDIX.
N^ IV.
Copy of a "Letter wrote, by Governor
yohnjlone to the Chairman of the Eajl
India Company ^ when the Propofticn
for fending the Compaiiys T'ea to A-
m eric a was in y^P'itation,
.o
S I R,
THE frequent General Courts oriate> and the
difagreeable difcuflions refpe6ling the affairs
of the Eaft India Company at both ends of the
Town, have fo harafled and foured the greater
part of the Proprietors of. Eaft India Stock, that
1 do not chufe to run the rifle of their difplea-
fure by calling them together on the fubje6l of
the Tea to be fent to North America, concerning
which I delivered my fentiments fo fully in the
laft General Court j befides the bufinels having
now palTcd the Court of Direcfbors aided by all the
influence of Adminiftration, under whofe political
craft I know this ruinous mad projcdt was con-
certed, and is now carried into execution; from
thefe circumftances, I am fenfible it would be a
vain cfibrt to oppofe the torrent, and ferve only
to
«'
[ 109 ]
'g
to diflurb my own friends, as well as the other
Proprietors, by fummoning them together : But
I cannot permit fuch -a naeafure to pafs without
Hating in indelible charadters my objeftions and
folemn proteft: You know how often we have
had occafion to appeal to a paper of a fimilar na-
ture, which my friend Mr. Dcmpfler and I gave
in againlt the exorbitant powers given to Lord
Clive. I wifh the Company and the Nation may
not have occafion to regret this meafure as much :
My judgment tells me they will : I am fure the
Company on every alternative m^ift.
1 . Becaufe, fuppoling the Company quietly to
fucceed in their prqjed:, it is contrary to the prin-
ciples of their eftablifhment to become the circu-
lators of their own commodities, particularly to
North America, where, to fell to advantage,
there muft be long credits, and to realize the re-
turns, there muft be a circuitous commerce, in-
compatible with the purpofe for which the Eaft
India Company was eilablifhed ; and therefore it
cannot anfwer the end of fupplying us with calh
in the prefcnt exigency.
2. Becaufe fpeedy and certain payments under
the Public Sales, endured by Law, is the beft
method of conducting the trade of the Company,
and much more fo at prefent, confidering our
great Debt and the heavy Intereft we pay j be-
fides, that we may be fure if there is really a vent
at any particular market, private adventurers wiU
find out the means of introducing the commodity
better than a Company. And although the price
^t
mrnim
[ no ]
at our fales may be low, yet I am perfuaded, c^I^
culating intereft of money, charges, lofs, infur*
ance, fadtorage, &c. &c. that the profit will be
more by adhering to the old method than the
new, on clofing and balancing the account j be-
fides, I think this new method injurious to the
merchants of England* If the Company grafp at
the diftributive channels of commerce as well as
the monopoly, the nation will not bear it. .
3. Becaufe this is aiding Government in conti*
nuing the moft uncommercial Tax that ever was
impofed, to enforce a principle the moft unjuft
and odious to all the People of North America,
and contrary to the intereft of the Eaft Indii
Company, who ftiould, of all the members of the
community, join with the Americans the moft
ftrenuoufly in obtaining the repeal of this Law.
To give a drawback to encourage the exportation
of a commodity, and to impofe a duty at the
place of the confumption 1200 leagues off, is
fuch a folecifm in the rules of commerce, that it
requires a combination of fuch heads as now go-
vern this country; fiirft to impofe it, then to
enforce it, and now to continue it*
Laftly. If it is faid, as was allcdged in the
Houfe of\ Commons, that the Provincial combi^
nations in North America prevents private mer-
chants from purchafing at the fales, becaufe they
cannot vend the commodity, then I objeft more
forcibly on this account than any other.
Becaufe, in this cafe, the Eaft India Company
is becoming the odious tool of Adminiftration
to
.1
bw*?
[ III ]
to force a conteft upon a fubjed that might die
away or be repealed, where the Company runs
innumerable rifles with their property— where
they injure their own intereft by continuing the
Tax, if they prevail : but where is it moft pro-
bable the whole will be loft by accumulating
charges, the frauds of agents, and the violence
of mobs, I am, &c.
(Signed) GEO. JOHNSTONE.
FINIS.