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T R A G T V.

RESPECTIVE PLEAS

AND

ARGUMENTS

O F T H E

MOTHER COUNTRY,

ANDOFTHE

COLON I E S,

DISTINCTLY SET FORTH;

AND TH£ 1.. i'OSSIBILITY OF A

COMPROMISE OF DIFFERENCES,

MUTUAL CONCESSION OF RIGHTS,
. PLAINLY DEMONSTRATED.

W I T H A

PREFATORY EPISTLE,

TO T H 1

PLENIPOTENTIARIES OF THE LATE CONGRESS
AT PHILADELPHIA.

S E C O N IX E D I T I O N.
BY JOSJAH TUCKER, D, D.

DEANOFGLOCESTER.

-^2-

GLOCESTER:
PRINTED BY R. RAIKESj

ANDSOLDBY
T. CADELL» IN THE STRAND, LCNDCN.

M.DCC.LXXVI.
£PRICE ONE SHILLING.]

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THE

Epiftle Dedicatory

'To the Plenipotentiaries of the feveral Republics of
New-Hamp(hire, Maffachufets-Bay, Rhode-
Ifland and Providence Plantations, Connec-
ticut, New- York, New-Jerfey, Penlilvania,
Newcaftle, Kent and Siiflex on Delaware^
Maryland, Virginia, North Carolina and
South-Carolina, deputed to meet and Jit in
general Congrefs in the City cf Philadelphia.

Gentlemen,

HE public Charafter, with which you
are now invefted, attrads the Atten-
tion of Mankind, as well in Great-
Britain^ as in America, Among o-
thers, who think themfelves concerned in this
Difpute, the Author of the following Trad has
Reafons peculiar to himfelf for paying you the
carliell public Acknowledgments in his Power,
for the Favours you have done him.

Most People here in Britain thought that yod
would not fo foon have thrown off the Mafk,

A 2 and

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EPISTLE

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and fct up for Independence. And very many-
there were, who either could not, or would not
fee, that you intended it at all. Nay, even fince
the breaking up of your Congrefs, it has been
folemnly declared, and that in Parliament, that
you entertained no fuch Defign. Now, to con-
vince fuch as thefe of their Miftake, would
have been a tedious Affair, and have coft the
Author of this Trafl: a good deal of Trouble,
in the Way of Reafoning and Argumentation.
But you have done it effeflualiy at once : And
for the future it is impoflible to mifapprehend
your Meaning. You have now plainly and
flatly told us, without any Colouring or Dif-
guife, that you renounce all Subjedlion whatever
to the Legiftature of the Parent- State-, and that
you will not acknowledge, that fhe has any other
Authority or Jurifdidlion over you -y—but what
you. your/elves Jhall pkafe to give her. This is
fpeaking plainly and to the Purpofe : And fo
far you have aded a fliir and confiftcnt Part.

But, Gentlemen, arc you and your Confti-
tiitnts, (for I here include you all) equally con-
fident and uniform in other Parts of your Con-
du6l ? And can it be affirmed, that you are as
flrcnuous Advocates f6r Liberty in other Cafes,
as you are in tliis? You bravely declare, " That
" by the mmutaMe Laws of^uure^ you are en-
*' tided to Life, Liberty, and Property." — Cer-
tainly you are : And the Reafon you give is not

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DEDICATORY. v

a bad one, y^\\cn foberly underftood, viz. " Bc-
" caufe you have never ceded to any Sovereign
Power whatever, a Right to difpofe of either
without your Confent." Permit me therefore
to afk, Why are not the poor Negroes, and the
poor Indians entitled to the like Rights and Be-
nefits ? And how comes it to pafs, that thefe
immutable Laws of Nature are become fo very
mutable, and fo very infignificant in refped to
them ? They probably never ceded to any
Power, — moft certainly they never ceded to you,
a Right of difpofing of their Lives, Liberties,
and Properties, juft as you pleafe. And yet
what horrid Cruelties do you daiiy pradife on
the Bodies of the poor Negroes ; over whom
70U can have no Claim, according to your own
Principles ? What fhameful Robberies and
^Ufurpations are you daily guilty of in refpedl
to the poor Indians^ iht-onXy true and rightful
Proprietors of the Country which you inhabit?
Thefe Things, Gentlemen, ought not to be: For
■whilft you, and your Conftituents, are charge-
able with fo much real Tyranny, Injustice, and
Oppreflion, you declaim with a very ill Grace
againft the imaginary Tyranny, and the pretend-
ed Oppreflion of the Mother-Country. I am not
unacquainted with your Manner of carrying on
your bartering Trade with the Indians^ any more
than with your Treatment of your unhappy
:'31aves t)ic Blacks. I could alfo give fome Spe-

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EPISTLE.

cimcnsof your equitable M^^^of mcafuring, and
making PMrchafcs of Lands from the Natives j--^
even when you condefcend to the Formality and
Farce of making a Purchafc from them: — Alfo
how you contrive to thin the Numbers of thefe
unhappy Tribes by Means of your grand En-
gines of Death, Rum, and the Small Pox :
And then how you drive the miferable Survivors
away, and feize their Lands. But I forbear : —
For my Defign is not to roufe the Indignation
of my Countrymen to go to War with you,-—
but to throw you entirely off: Which perhaps
may prove the greater Punifhment of the two.

In regard to your fetting up for Independence,
k is no new Thing. Every Colony has done the
like, as foon as it was able : So that in that Re-
fpeft you are not fingular, you are only on a Par
-with others. ' But you are the only People that
ever yet exifted, who, after having difclaimed all
Subjedlion to the Parent State, dill expert to en-
joy the fame Benefits, the fame Protedion, the
fame Pofts of Honour, Profit, and Advantage,
as if you had always been obedient Subjc(5ts.
For in Fad, you ftill expeft to be regarded and
treated as Engliflimen in every Cafe, where any
Benefit is to be derived from that Charader :—
But as to thofe Burdens, which Engliflimen muft
bear in order to fupport that Charadter j— In re-
fped to thefe Things you |3eg to be excufed :
You will do as you pleafe. This is fuch a curious

Phaeno-

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DEDICATORY, rii-

Phoenomcnon in Politics, Law, and Commerce;
that our old World was never able to produce
it. America alone has that cxclufive Honour.

But in order to ftrengthen your Caufe, and
encreafe your Numbers, you wifli to draw the
large andextenfiveProvinceof Cj»^i<?, into your
general Aflbciation. You needed not to have
-given yourfelves all that Trouble. Canada^ when
it has grown rich by our Means, and our Capi-
tals, will afluredly fet up for Independence, as
you have done. And in a few Years, we (hall
have the fame Scenes of Malevolence and Ingra-
titude difplayed there, which you are pleafed to
exhibit in your Provinces. — Perhaps indeed the
Canadians will not expeft (as you do) to be carclP-
ed and protected by us at that very Inftant- when
they are fpurning at our Authority, and renounc-
ing our Jurifdiftion. For this feems to be a
Conduct and Behaviour peculiar to yourfelves.

However, as Canada is for the prefcnt faith-
ful to the Power that protects her; therefore you
think it an Objefl worthy of your pious Endea-
vour to fcduce her from her Allegiance. — In
order thereunto, after you had painted the Po-
pifh Religion in the blackeft Colours in your
Addrefs to the Inhabitants of Great- Britain, call-
ing it fanguinary and impious, and declaring it
unworthy to enjoy its own Property voluntarily
given for its own Support by the Proprietors of
Lands, who had the only right to give, and who
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^trc all of the Roman Catholic Pcrfuafionj—
after this, I fay, you fiiddcnly change your
Notes, and in your Addrefs to the Inhabitants of
the Province of ^ebec you arc pleafed to com-
pliment them in the following fulfome Strain.
*' We arc too well acquainted with the Libera-
lity of Sentiment dijlingui/Iiing your Nation^ to
imagine, that Difference of Religion^ ivill pr^-
"judK;e you againft an hearty Amity with. U5.
*' You know that the tranfcendent Nature of
^' Freedom elevates thofe who unite in her Caufc
*' above al! fuch low-minded Infirmities. The
f.' Swifs Cantons furnilh a memorable Proof of
this Truth. Their Union is compofed of
Koman-Catholic and Proteftant States, living
•' in the utmojt Concord and Peace one with another,
*' and thereby enabled, ever lince they bravely
vindicated iheir Freedoms, to defy and defeat
every Tyraptthu has invaded them."
Now here. Gentlemen, you have faid, or ra-
ther infinuated fome Things, which, as they are
true, I will endeavour to illuftrate. You havp
infmuated, that Perfons of the Roman-Catholic
Perfuafion may be warmed with a glorious Ze^l
•for civil Liberty as well as Proteftants. Thjs
is true: And thpre are inconteftible Fa<fls to
prove it. For Example, the Barons, who dif-
puted their Liberties with King John, and at laft
wrefled the famous Magna Charta from him,
: were (til Papijis. Jhe 6wifs Cantpns themfclves,

when

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DEDICATORY.

when they revolted from the ty rannical Houfe of
Aujiria^ were all Papifts. The Cortes of Spaifiy
who rofc againft Charlfs V. were all Papifts.
The firft Infurgents in the Netherlands^ w ho paved
the Way for the Dutch Common- Wealth, were
chiefly Papifts. And the prefent Corjicans^ and the
Sicilians of Palermo^ are all Papifts. It is therefore
very injurious, to fay no worle, in fome of your
Writers, and fome of ours, to charge the Roman
Catholic Religion with more Abfurdicies, than
really belong to it. We Proteftants Ihould not:
approve of fuch a Treatment in our own Cafe :
And yet perhaps it might be affirmed with equal
Truth and Juftice, that the tyrannical Power ex-
ercifed by a certain great Northern Potentate,
with or without any Pretence, wherever he can;
— and likewife by you over the poor Negroes
and Indians^ — is owing to the tyrannical Princi-
ples you have refpedtively imbibed from the Pro-
teftant Religion : — Than which Accufation no-
thing can be more falfe and groundlefs.

But, Gentlemen, tho' 1 will very readily al-
low, that the Roman-Catholic Religion has ma-
ny Abfurdities belonging to it, — in whic^ Num-
ber the Doftrine of Tranfubftantiation is L3t the
leait:"-Yet 1 muft beg Leave to obferve, that
our Merchants and Manufafturers in Greats
Britain would fooner have tolerated the fpecula-
tive Popilh Doftrine of Tranfubftantiation, than
Xli^t^r apical and Proteftant one, which you have

attempted!

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attempted to palm upon them \n America. The
Tranfubftantiation I refer to, is that of turninp-
Bits of Paper, worth nothing at all, into legal
Tenders of Payment. And this Tranfmuta-
tion, four of your prefent Republics, viz. Rhode-
Jfland and Providence Plantations^ ConneSlicut^
the Maffachufets-Bayt and New-Hamp/hirey paiTed
Afts of iiflenibly to do. And it is very plain,
that the other Colonies would have done the fame,
if they tould. But the Britijh Law (N. B. not any
Law of Geii, III. but) of the 24th of Geo. II.
Cap. 53, Anno 1751, put an End to thefe Ante-
rican Fiftions of Tranfubftantiation Therefore
the Reader will from hence eafily perceive the
real Caule and Foundation of your great Wratli
againft the Parliament of Great-Britain for inter-
fering with the Legiflation of the Colonies.

But as you have been pleafed tofele6t the Swifs
Cantons as a Proof of what 'you advance ; alfo,
as you intended (moft probably) to propofe them
for a Model of an Union among your own newly-
cr'satcd Republics, I will crave yourPermiffion to
make a few Obfervations on each of thofe Points.
- The Cantons in «S'ze;//2fr/^»^^ whofe Govern-
ments are eleftive, and where a Majority of the
People. Poor as well as Rich, have the Privilege
of voting, are chiefly, if I remember right, the
fmall Popifli Cantons in the Mount?'- ; ; whofe
Aflcmblies (in Proportion to their Numbers) are
almoft, if not altogether, as tumultuous and dif^

orderly,

•DEDICATORY. xi

prderly, as our parliamcnteering Eledlions in
London and Weftminfier, Fifts and Clubs (for, I
think, it is fagacioufly ordered, that no other
Weapons ftiall be admitted into the public Af-
femblics •, and therefore I fay, Fifts and Clubs)
are often ufcd not only as the moft perfu^fivn^
but as the moft decifive Arguments : Whereas
in the Proteftant Cantons, efpecially in the Can-
non of Berne^ the greateft and moft powerful of
all, it is quite the Reverfe. For there the Gp-
vcrnment is entirely Oligarchicaly confifting of
200 Perfons, chofen, or to be chofen, out of
certain refpedbable Families : In the Choice of
whom, the People have no Share whatever: Nei-
ther have they the Liberty of the Prefs, — nor
dare they meddle with State Affairs, without the
utmoft Rifque and Danger. About 40 Years ago
a Gentleman of the Pais du Vaud (a Province of
Berne) attempted an Infurredtion, exactly on the
fame Principles, on which you have lately re-
nounced the Authority and Jurifdidtion of
Great-Britain, He entered Laufanne^ the Ca-
pital of the Pais du Faudy at the Head of 3000
Men. But in the Night his Troops were dif-
perfed by the Forces of Berne •, and the next
Morning he loft his Head. I fay, he attempted
a Revolt exa^ly on the fame Principles which yoti
now maintain. For as to any other Grievances,
excepting thofe of not being reprefented> or of
not having any Share in the LegiQature of their

Couiitry,

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Country, the SubjeAs of Berne have no juit
Complaint to make. They pay little or no
Taxes : They have as much civil [tho' not pe-
iitical] Liberty as any People need enjoy. They
are likewifc extremely populous, for the Extent
of Country •, and they are withal fo very rich,
that it is no uncommon Thing for Peafants or
Farmers in that Country, to be worth from four,
to fix, or eight thoufand Pounds Sterling : A
Circumftance this, which is not to be found in
any other Part of Europe^ but in England, —
Moreover, they manufacture a great deal of
good, ftrong Linens; which, during the late
War, were fent down the Rhine to Rotterdam,
and from Rotterdam to the 27tgtifh Colonies in
America, How this contraband Trade came to
be carried on, fo much to our Detriment, dur-
ing a Time, when we were bleeding at every
Vein for your Sakes, you beft can explain.
''"'"- But waving all that : — Why did you mention
thcfe People, whofe Cafe in every Refpeft
makes fo ftrongly againft you ? and what Mo-
tives could you have for quoting fuch Examples,
where the Liberty is fo mwch abufed in the Popijh
Cantons, and where it is not fufficiently enjoyed
in the greateft of the Protejlant ones ? — For my
Part, 1 can account for your Condud only on one
Principle : And Time muft fhew, whether my
Conjeftures are rightly founded. You certainly
^ntcnd to fet up yourfelves to be the refpedtive
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DEDICATORY. xHi

Heads of thefe Republics •, or rather you wifh to
continue in the Pofts you now enjoy, and toforr
tify yourfelves in them more and more. There-
fore you know that a Time is coming, when
you muft endeavour to extingiiifh that fierce
Flame, which you are now raifing ; — when you
muft ufe every Artifice, and ftrain every Nerve
of Power to fubdue, per fas aut nefas^ that very
Spirit, which you are now exciting even to Mad-
nefs. A difficult Matter this ! and you will
find it fo. However, I will allow, that one Wav
to obtain this End, is to be ready with popular
Examples, no Matter whether true or falfe, pa-
rallel in Circumftances, or not ; — to be ready
with them I fay, to cite, as Occafion fhall offer.
You know like wife, that during the Height of
the Phrenfy, the People never reafon, but be-
lieve implicitly in their Leaders. Therefore, if
you can make the good Americans believe, that
in the Republics of Switzerland^ efpecially the
Proteftant ones, the People enjoy a moft perfe(5t
Syflem of Liberty -, and confequently that fuch
Republics ought to be propofcd as Models for
them to copy after ; then you think the Work
is done. And indeed if thefe ihort-fighted
Mortals fhall truft you with as much Power, as
is necefTary for eftablifhing fuch Republics ia
America^ you have little more to do. than to
laugh at their Credulity :— A Circumftance this \

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which is not uncommon with patriotic Pro-
fejforsy and popular Orators^ both on your Side
of the Atlantic^ and on ours.

But Hill, you have a farther Ufe to make of
the Swifs Cantons. You fay, " They live in
*« the utmoft Peace and Concord one with ano-
" ther : And are thereby enabled ever fince they
«* vindicated their Freedom, to defy and defeat
«' every Tyrant that has invaded them." Now
it is not ftridly true, that they live in the utmoft
Concord and Peace one with another. For they
are almoft all jealous of the growing Power and
Riches of the Canton of Bern •, and thefe Jea-
loulies have fometimes broke out into a Kind of
Civil War. It is very true. Religion was nor
the Caufe of Commotions; but I need not
tell you. Gentlemen, that Wars, and even Scalp-
ing TVars may arife from Caufes, in which it
cannot be fo much as pretended, that Religion
had any Concern. And as to the Circumftancc
that t\iQ Swifs have always been able to refift every
Invader ; it is well known, that their principal
Security of late Years, both againft foreign At-
tacks and civil Difcords, has been the reciprocal
Intereft, which all the great Powers of Europe
have, that thefe little Governments Ihould re-
main in Statu ^«<?:— That is, that they fhould
neither be united under one Head among them-
fclves, nor be brought into Subjection by any one

great

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DEDICATORY, xv

great foreign Power*. This, I fay, has been, is,
and will be their Defence. In their p-efent
harmlefs Condition, they are ufeful to ah, but
dangerous to none. Whereas the Cafe would
be vaftly altered, were they to be united either
by Conquefts among themfelves, or by the Con-
qucft of fome foreign Power.

Nowy Gentlemen, as this is the true State of
the Cafe, you plainly fee, that there is hardly one
Circumftance in it parallel with yours. " But
this you will fay is not material : The very
Name of the Swifs Republics will fcrve our
«* Purpofe : And we look no farther." - Be it fo.
And may you foon become as independent of us,
as (happily for us) the Swifs Cantons are. They
are now very faithful and good Allies : — But,
had they been our Colonies, I would not have
anfwered, that they would have (hewn equal
Friendfhip and Fidelity: Not that I thinks

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* The French are in Poffeflion of the Fortrefs of ffuft'
ningen on the Rhine, and of Fort Eclufe on the Rhone ; and
therefore have the Keys of Switzerland at both Ends. They
have alfo Tranche Compter which borders on feveral of the
Cantons, and the County of Gex, which comes up to the
Gates of Geneva, and joins to the Pais du Faud; betweea
which and Berne there is not a fingle Fortrefs worth men-
tioning to (lop their Progrefs : And Berne itfelf is not a
firong Flace. What then is the Security of Switzerland,
at ieaft of that Fart of it, which is worth conquering?
Certainly not the mere Strength and Forces of the Swifs
^emfelves, independently of the Ailiilance of other
Powers.

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that they would ever have proceeded to the
fame Infults and Outrages, which diftinguKh
your Revolt. At prefent however there is a very
conHderable Commerce carried on between us
and them ; fo chat there is hardly a Town of
Note in Switzerland^ but abounds with Engli/h
Manufadures, cfpecially thofe of the Birmingham
and Toy-kind. Moreover, when our Agents
come there for frefh Orders, or to collect in their
Debts, they are neither tarred hot feathered^ nor
otherwife ill-ufed in any Refpedt : — But have
fpcedy Juftice done them, if they (hould find ic
neceifary to appeal to the civil Magiftrate. And,
Gentlemen, perhaps a Time is coming when
even you, after you' have fcparated from us,
[for you will never do it before ;] I fay, when
even you will behave better, and more juftly
tovvards us, than you now do : Nay, when you
will be glad of, and thankful for that very Pro-
teflion and Affiftance, which you now exclaim
againft in Terms of Bitternefs and' Reproach.
.But before that Period' can arrive, your new
Republicsmuft neceffarily undergo many Shocks
if not Revolutions. Nor is it at all improbable,
but that during thefe Convulfions fome of you
(the prefent Demagogues) will not be in the moft
defireable Situations. Perhaps you will not find
thofe Sweets and Profits, or even thofe Honours
which you now expert. But as the prefent 5cene
prcfents you with more flattering Ideas, I am

content

DEDICATORY. xvil

content that you fliould defpife and laugh ac
thefe Predidions, as the foolifti Reveries of an
old Man. And indeed if you fhould, this will
not be tl>e firft Time, that my Declarations con-
cerning what would happea in America^ have
been, or fhall be treated as an idle Dream. I
foretold before the War broke out, that you
would certainly fet up for an Independency, if
we fhould be fo unfortunate, as todrivethe French
from your back Settlements. The Event has
ihewn that my Conje^ures were not fo kbfui d, and
extravagant as then they were generally thought
jco ht. However^ 1 did not then bow the Knee
tb the Minifterial Baals ; but bore my Teftimohy
agaihft thetr Proceedings, as far as I was able :
Nor am 1 now more difpofed to do Obeifance to
the Boats of Popularity, With thefe SentimcntSj,
I have the l^pnour to be. Gentlemen^ \ ^ ^, ■-.

Tour mtfli faithful Humbk Servant^ :

Glocester,
Jan. 20, I jy^.

J vS'^'.t

J. TUCKKRi

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J T having been Jlgnijied to the Author ,

that\Gentlemen are defirous of complete-

ing their Sets of, his American Tra^s, now

eight in Number, he has reprinted this Fifth

^raStfor their Accommodation, In reJ^eSi

to the Piece itfelf the judicious "Reader will

readily perceive, that it was firjl publijhed

fome Time ago, when the Congrefs had not

gone all fhoje Lengths, to which they after"

wards proceeded. But even then, they were

fo evidently in the Road to tlie prefent Re-

bellion, that none but the wilfully blind,

could avoid feeifig the Point they had con"

Jiantly in Ftew. *-

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TRACT V.

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THE

llelpeqive Pleas and Argument;}

••^^^- '^ '^-^-OF THE "^':'" '*■ •"■•'

M O T H E fv COUNTRY,

''■■,) I'': '- ■ ■ ■. •

• {

V : AND or THg

C b L O N I E S

PISTINCTLY SET FORTH, See,

iVERY Event fmce the Publica-
tion of my Scheme for a total
Separation from the Northern Co-
lonies, has ferved to prove, that
fuch a Meafure is the only eli-
gible one for the Mother Country to purfue.
Confcquently, however flartled People were
at firft at the Novelty, and Boldnefs of
the Propofition, yet, upon fecond Thoughts

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PLEAS AND ARGUMENTS. ..

and maturer Rcflcdion, they fccm now to be
generally convinced, that it will be abfurd to
think of terminating the Difpute in any other
Way. Hence therefore, the Tooncr fuch a
Scheme is adopted, fo much the better *, inaf-
much as fewer Mifchjefs will enfue, the fipaller
"will be the Expence of maintaining Fleets and
Armies to no Purpofe, the lefs Blood will be
fpilt:— And I add likewife, as no unworthy
Confideration, the lefs-/'// Blood m\\ be occa-
ilbiicd. Yet rtevertheJefs, as^n Attachndinrto
old Opinions and favourite Notions is not foqai
eradicated, many there are, who dill think,
*« That rcconci\iatory MeafuFCs ought firft to be
•*\ned : — Becaufc, fay they, after all have
^* failed, we can but come to a Separation at lafl;.
** In the mean Time,, let each Side drop fome
*« Part of their i?retenfions ; let fomethirig be la-
*• crificed by each for the Sake of Peace : And
•' then it is to be hoped,, when a Progrefs has
*• been made thus far^, fome Scheme or o*her
*' may happily be dcvi fed. for compr^jmifirig
*♦ the remaining Difficulties. Or perhaps thefe
*' DifFercnccs may be found. to be fo incoiofid^-
M rable, as not to be worth rcgarding,**^'^'-" •
'.This is certainly very, good Advice, where ir
can be followed. But the Misfortune is, that
in the prefent Cafe, any Scheme for a Compro-
mife is ablblu^ely impracticable. And the Rca-
.fo» is, becaufc in all 'Compromifing Schemes,

P.L£AS ANP ARGUMENTS, ix

*it is believed, and taken for granted by both
Parties, that wJiat t)iey give up for the Sake of
Peace, doth not invalidate their Right and
Title to that, which they chiifc to retain. But
this is by no Means the prcfentCafe: For the
"Claim of Right on cither Side mud be univerfal,
or there rriuft be no Claim at all: And neither
Party have it in dieiv Poy/er to recede a Tittle
from their Pretenfipns, without fubverting tjic
very Foundation of their Claim to all therell:.

I am well aware, that an Aflertion of this
Nature will fhock matvy Pcrfo'ns] : And there-
fore ■! would not have ventured to ha»e pub-
lifhed it, had I not thofe 'Reafon$ to produce,
which appear, rtP.ine at leaft, to be very convinc-
ing, if not fehVe.vident. But whether they will
have the fame Effect on others, is beyond my
province to determine. jHowcver, after the
Pleas and PrctenfiQns, !;hc Claims and Titles of
4)oth Parties are fully fet forth, and fairly dated,
every Reader will have the bett^pr Opportunity
ofjw<iging for bjfpfflf. '

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SECTION

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A ,V

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W PLEAS AND ARGUMENTS.

I
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SECTION I.

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T^e Plea of Right of tht Parliament of
Great-Britain to govern every Part of
the Btitifh Empire.

IN all Societies there mud be a dernier Re^
fort, and a Ne plus ultra of ruling Power.
To fuppofe a Series of ruling Powers one above
another, ad infinitum^ is to fuppofe as great an
Abfurdity as can be conceived. Therefore we
muft ftop fomewhere. Here in Great-Britain
it is both the l^aw, and the Conftitution of the
Realm, and the Voi(;e of Reafon, that we (hould
flop at King, Lords, and Commons, when in
Parliament affembled. Mr. Locke indeed feems
to intimate, that the People, and not the Par-
liament, are the dernier Refort of ruling Power^
And what he exprefTed rather faintly, his Dif-
ciples fince, efpecially Dr. Priestly and the
^mcricansy have dared to affert with intempe-
rate Zeal and great Vehemence, Bi^t, waving
for the prefent all other Objections to this re-
publican Plan, it cannot be fo much as pre-
tended by the moft furious Zealof for popular
Authority, that this is, or ever was, the ordinary
Procedure, the regular and dated Coyrfe of
Things. And no Man in his Senfcs will pre-
tend tQ fay, that the Laws and Edicts of Par-
liament

?LEAS AND ARGUMENTS.

Jiamenc arc not binding, 'till they have received
the Sanation of fome patriotic Club, or popular
Aflembly convened for that Purpofe : —Or that
Taxes ought not to be Icv'icd, Uill the PcopU
Jhall appear to be willing to p^y them!*. There-
fore, the utnnoft which can be made of this Ap-
peal to the People, is, that in defperate Cafes,
and on fuch extraordinary Emergencies, as per-
haps it is not prudent to prefuppofe, or is not in
the Power of Mortals to forfee. Mankind are
not bound by any certain, known, or general
Law, but muft find out, and apply the beji Re-
medy the Cafe will admit of. The wifeft and
founded of us all may he deprived of his
Senfes by a Phrenzy in a Moment : And whaf
ma/ happen to one. may happen to many,—
even to the whole Houfc of Commons,— nay,
to both Houfes of Parliament,— to the Prince
on the Throne,- and to all his Family :■— What
then is :o be done in this fuppofeable Situation ?
And would you be fo mad yourfelf, as ferioudy
to propofe a Cure for thefe imaginary Madmen,
by making a Law, or attempting to provide a
Remedy for this, and fuch like poffibU Contin-
gencies ? purely this is rather ^00 much even

';j'i

Mr. Locke's Theory of Government will be examined
^t laree in reference to cheie Points, and all others con-
fif^ed with them, in a Trad exprefsJy for that Pmp^iie*

for

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If I.

ill

Ill/'' '■ '• ■ ''

■'?■;:

a^ PI^EAS AND ARGUMEiTTS..

fof '6Cli^ 'mbderh Hi^ of PoliticUrt^'i^pfenly to
avow. And therefore the juft Conchifion is,
that in a fettled and regular Government, the
Parliament, confifling of King, Lords, and
Comrr jns, is the dernier Refbrt of ruling
Po^er. This is certainly the general Rule-,
tho* like all others it may, and fometimes muft,
admit of Exceptions in fuch very extraordinary
CaikSf as perhaps neither ought, nor could be
provided for. A Man, when he has got his
Eftate accurately furveyed, and well mapped,
thinks himfelf fufficiently fecure; — notwith-
Ifanding it is (till a pofTible Cafe, that this Ef-
ftate may be Ihaken. torn to Pieces, and fcat-
tcred afunder by prodigious Earthquake^, or,
Ibme fuch pretcr-natural ConvuKipns.

Having therefore advanced thus far, we are
ijow to confider, whether any Part of the wiucly
difFufed Britijh Empire can be regularly ex-
empted from the Authority and Jurifcjiftion of
a Pairliament, confiding of a King, Lords, and
Commons as above defcribed ? Or, in other
"Words, whether that Province can be a Part of
the Britijh Empire, which is not fubjedt to the
Briii/k , LegiflatiojQ ? As to the King himfelf,
there is no Doubt to be made, but that he may
rule over other Realms or Provinces by different
Titles^ as well as over us. The Princes of the
Houfe of Stuart were Kings of Scot landhy one
Title, and Kings of £//^/«7»i by another: Thcfe

' two

FLEAS AND ARGUMENTS; 35,

two Kiogdoms being altogether independent
one of th^ other. King Wi wam likewiie w^
Sii^dholderof //(0//Wk KingG£o&G£ i& Elector
of Hanover. Bwt wh^ is the Confequeoce of
all thcfc Unions ? Plainly this, that neither tljcs,
ScQtchi Tiqx i\\fi HoUandsrs^ nor the Hanoverians^
notwithilanding their being the Subje(5l;s of the
fame Prince, were ever reputed to be Englifli^r
men. For 'till A£ts of Parlianient were pafled
in England^ for naturalizing the Scotch^ and fimi-
l?r Laws ena^ed in Scotland for naturaliajirig the
l^ngUJh^ the two Nations were as much Aliens
and Foreigners to each other, as if they had
been a thoufand Leagues afunder. Moreover,
as to the Hollanders and Hanovenans^ they nei-.
ther were, nor are, a Joj: the nearer to be invcfted
with the Rights ap4 Privileges of Englijh Sub-
jcftsj than if they had been fo many Fr^nchy or
Spaniards, They are ftill Aliens, ftill incapa-
ble of enjoying any one Privilege or Immunity,
any one Dignity or Honour, any one Office,
Place, or Preferment peculiar to the Subjects
of the Briti/Ii Empire. ' l(h\s Reafoning is cer-
tainly conclufive, if any Thing ever was : Nay
more, it is Matter of Fact. . '

To Facts therefore we are now to appeal,
for the remaining Part of this Argument. / : '

Of all the Pleas for Independence (if any
T'art of the Briti/h Dominions had a Right to fct
Vip fuch PfetenfiQns) the CJaims, which were fo

artfully

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«5 PLEAS AND ARGUMENTS.

artfully urged by the famous Mr. MoLiNEtnc
^another Difciple of Mr. Lock's) fjr the Inde-
pendence of kelandy feemed the moil plaufible.
And yet even thofe amounted to nothing, when
.<^xamined to the Bottom. „ *

' Mr. MoLiNEux's firft Pretence was, that after
l^e Conquejd of Ireland by Henry II. and after
the peaceable Ceilion of it to. him by twenty
petty Princes oi the Country ; the Conqueror
engaged on his Part, to grant to his new Sub-
jefts the Benefit of being governed by the fame
Laws with his EngliJhS\}\^e6ks^ and of enjoying
^ dtftin^ Parliament of their own :

' 2dly^ That a few Years after this original
Contra£^ he made a Transfer or Donation of his
newly acquired Kingdom to his youngeft Son
John, then a Youth about 1 2 Years of Age :
that this Grant was made at Oxford^ during the
fitting of a Parliament, without their being con-
cerned in it as Parties thereto: Nay, that in
Confequence of this Donation, the new Irifi
King made divers Grants and Charters to his
Jiegc Subjefts of Inland :

3dly. That during the Reign of the three
EpWards, certain Lords, Knights, and Bur-*
geffes were fent over from Irdand to reprcfcat
[ ihat Kingdom in the Englifik Parliament.

' 4thly. That there are judicial Pleadings

|IU1 upon Record, wherein it appears to have

Lbcen dig Opinion of fomc of the Er^lifi Judges,

-'■ ''■■»■-

- >LEA§ AND ARti-trMENTS. if

^hat the Engli/h Laws are not obligatory on the
Inhdbk^nts of Ireland, becaufe they have a Par-
liament of their own.

These Arguments have a fpecious Appear-
ance at firft Sight. But let us examine theit
Contents:

■"And I ft, as to the pretended Stipulation, of
original Contraft between the Conqueror and

the Conquered : Nothing can be gathered

from what the Hiftorians have faid about it
(for if there ever was any Inftrument of this
Kind, it is now loft) — —I fay, nothing can b^
gathered from it more than this, that the King
promifed to treat his new Subjefbs with great
Lenity and Indulgence ; that he would govern
them by the fame Laws by w'::ch his Englifli
3ubje£l5 were governed ; that both Nations
^ould be confidered as one People i— and that
the Irijh ft^ould have a Parliament of their own,
for the better Management of their own local,
or provincial Concerns : —A Power which is
granted in locality, tI>o' not by the cxprefs
Name of a Parliament, to almoft every great
Corporation within the King's Dominions:
That is, a Power to make Laws for the better
regulating their own Affairs, and for levying
Taxes for particular Ufes ;~ but ftill fubordi-
hate, ftill fubjeft to the Controul of the fu^
toremc Legiflature of the whole Empire.

: ^ ' SjBCONDLt^

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at PLEAS AND ARGU^4^^ITl

, Secondly, as to the Fadt of th^ King's cr^
ating his youngefl: Son, when only twelve Years
of Age, King of Ireland^ it is obfervable, that
neither Henry himfelf^ nor any of his Suc-
ceflbrs, for fome hundreds of Years, appropriated
to themfelves any higher Title than that of
Lords of Ireland, It is therefore fonoewhat An-
gular, that the very firft Lord of Ireland (hould
afTume a Power of creating a Title fuperior to
his own. And the bed Way of accounting for
io whimfical a Conduct feems to be this : - In

. thofe Gothic Times, when the refined Pleafures
of Society were ill undcrftood, the Princes, and
)the great Men were at Lofs for fuitable Diver-
fions for the Entertainment of their Guefts at
the three great Feftivals of Chrffimas, Eafier,
and Whitfuntide, Sometimes they had Recourfe

. jto Tilts and Tournaments j at other Times to
gaudy Proceffions, fome of them folemn and
religious, and others very ludicrous. But
what feemed to be the mod pleafing of all
both in England and in France^ becaufe the molt
pompous, and in which likewife all the great
Families of both Kingdoms bore principal Parts
or Charadlers, were Coronations. Thefe
therefore were frequently repeated by every
Monarch at their great Feftivals, and at the
Meetings of their Parliaments. And H^nry
liimfelf, who affedted fuch Raree- Shews as little

^ as apv one, was crowned according to Rapin,
•' three

|uTH'':'*ii??

■ z-;^ .

■ r ^ ^ •

PLEAS AND ARGUMENTS. 29^

' three feveral Time's. N'ay, 'lie caufed his elded
Son, and then Heir apparent, Prince Henry,
to be crowned twice King of England, during his
own Life TinriCi but was far, very far, from
imagining, that he had dethroned himfelf by
that Means, or even leffencd his own Autho-
rity : - Much lefs can it be fuppofed, that when
"he entertained his Court and Parliament at Ox-
ford with the merry Coronation of a mere Boy^
Jbe refigned the newly-conquered Kingdom of
Jutland into the Hands of this raw unexperi-
enced Youth ;- or indeed that he conftitured any
. other Perfons to be Truftees or Guardians for
hii?ft, 'till he (hould come of Age. Nay, the
contrary is fo very apparent, that we know from
-^^Jliftory,.— not only that King Richard-, Suc-
ceiTor to King Henry, paid no Manner of Re-
gard ta this imaginary Donation,— but alfo th^f
Henry himfeif nick named this very titular
King of Ireland^ John Lackland : An Appel-
lation, which could not have been given him
with any Propriety, had he created him abfo-
hitcly and truly the Sovereign of a great Terri-
tory, and made him independent of himfelf.
All therefore that can poITibly be inferred from,
vfuch a Ceremony, amounts to no more than
this : That John was thereby conftituted Vice-
Roy, or Lord Lieutenant of Ireland 5 and that,
when he went to refide'there, he was to a6t ii>

thae

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^ PLEAS AND ARGUMENTS-

that Capacity. Hence therefore the Circum-
llance of his granting Charters ;*— which indeed
all Lord Lieutenants have a Power to do, and
which every great Baron in England did former-
ly ; which John himfelf likewife did to the
City of Briflol, as Earl of Morbton.— But
furely the City of Briftol was never yet thought
to be exempt flom parliamentary Authority
ajid Jurildidion. ; -^^ ---rvh ^rfh* ^^Z'-

3dly. As to the Ciicumftance of Lords and
Commons being fent over from Ireland^ to fit
and vote in the EngHfli Parliament :— This
xnight be urged as a very good Argument a-
gainft the Independence of the Irijh Parliament}
bccaufe it is an irrefragable Proof, that an in-
dependent Parliament did not then exift in
Ireland', — and it might alfo ferve to evince the
Expediency of an Union with that Kingdom,
now at a Time when the Roads are fo much
better, and the Paffages by Se^ fo much eafier,
fafcr, and more regular than in former Times :
But it can prorc nothing clfe with any Proba-
bility, or Shew of Reafon. For tjie Fad is,
tliat whether there were Deputies frnt over from
Ireland to reprcfent the Irifli Nation or not, the
Mvgii/h Pari lament made Laws to biqd thatKing-
dom both, before they came,— at the Time of
their coming,— and after they ceafcd to comej
that is, for the Space of upwards of 600 Years,
, . ; .y ■■t):..i ^;^ '.■:.■ ....- . .'w. Lastly,'

PLEAS AND ARGUMENTS. 3f

LastlVji in Regard to fomc Pleadings in our
t)wn Courts of Judicature in Favour of the In-'
dependence of Ireland i" thcte never was any
formal Decifion of this Nature, but only fomc
Doubts darted on particular Occafions, and re-
fpe6ling particular Circumftances. Nay» fup-
pofihg even that there had been fuch Deci-
fions^ ao Engltjh Parliament would hardly have
thought, that their fupreme Authority and Ju*
rifdidion were to be limited, or circumfcribed
in any Refpeft by the Decifion of the Courts
below.

Therefore, to return to the maki Point :—
The Fa6t, the indifputable Faft, is, that ever
fince the /ri>^ have enjoyed the Privilege of
being regarded, — not as Aliens and Foreigners
(fuch as SceUJmen formerly, Dutchmen of later
Yeirs, and Hanoverians at prefent) — but as na-
tural-born Engli/h Subje6ls,-~the Englifti Laws
and Courts of Judicature have neceflarily been
paramount over the Irtjh. The Decrees of the
KingVBench in Ireland are fubjeft to the Re-
vifion of the King's- Bench in England: — And
as to the Upper Houfe of Parliament in Ireland^
the Lords have no Judicature at all ; but all
Appeals, and all Caufes proper to be tried be-
fore a Houle of Lords, muft be tried in Eng-
land, Nay, the very King of Ireland is no
.other, than that Prince, whom the Engltjh^^-
^on ihall firfl appoint to rule Over them. This

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31 PLEAS AND ARCtlMENTTS.

ivas always the Cafe in every Conteft about the
Englijh Throne: For the Moment a Prince
was acknowledged to be King of England^ he
became, ipfo faSio^ King of Ir elands without
any further Ceremony, Elcdion, or Coronation.
This therefore was particularly the Cafe at the
Revolution : At which Period the Difitrencc
between Ireland^ and Scotland, was very rehiark-
able ; inafmuch as the Englijh Parliament did
not pretend to nominate a King and Queen for
Scetlandi though they did for Ireland in the
Perfons of the Prince and Princefs of Orange.
And the fame Cafe occurred again at the Ac-
ceflion of the prefent Royal Family ; when the
Irifli Parliament never prefumed to pafs any
Ad either of Settlement, or of Recognition of
the Title of the prefent reigning Houfe. And
yet it would have been, nay, it adually was
High-Treafon in a Native of Ireland to have re-
fufcd the Acknowledgment of the Title of the
Houfe of H^/Z^'y^r ;— notwithftanding he might
have pleaded, according to Mr. Lock's Princi-
ples, that the Irifh Parliament had neither eledb-
cd, nor recognized the Eledion of that Houfe.
Next to the Appointment of a Sovereign to
rule over a Country, is the Power of raifing Taxes
on the Inhabitants. And this alfo has been ex-
ercifed (tho' very fparingly) by the Englijh Par-
liament over Ireland, — The Truth is, this itfelf
is an extraordinary Power, which never ought

PL£AS AND ARGUMENTS. 33

tb be cxcrcifcd, but in fuch extraordinary Cafes,
afs require the Intcrpofition of the fupreme Le-
giflature, for the Good and Intereft of the whole.
Ill all common Ca^s, the local or provincial
Parliament or Aflembly ought to be allowed to
judge for itfelf, and to provide Supplies for its
own Wants. Now the particular Cafe here
referred to, in which the general Intereft of the
Empire was concerned, was that ot the Poftage
<>f Letters; whereby Provifion was made for
opening Communications, and carrying on Cor-
refpondencies with every Part of the widely-ex-
tended Briti/h Dominions-, and therefore an
A6t was pafled in the Britijh Parliament (after
the Union with Scotland) for this moft important
Purpofe. [See the 9th of Queen Ann, Cap. 10.]
Now, this general Aft is the very Law, which
efl:abli(hes and regulates all the Poft- Offices
tre6ted, or to be erc<5bed, as well in Ireland and
Jmerka^ as in Great-Britain \ — which afcertains
to this very Day, the Rates due and payable
for the Poftage of Letters ; and fubjefts every
Contravenor or Oppofer,'both in Ireland and in
America^ to the fame heavy Fines and Penalties,
which arc to be levied on Offenders in Great-

Britain.

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Lastly, as Mr. Molinexix's Book, in Fa-
vour of the Independence of Ireland^ had un-
fcttlcd People's Minds, and created much Dif-
tiirbance,- -the Parliament of Gteat-Britain

C thought

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PLEAS AND ARGUMENTS.

c«

((

thought it neccfTary to be very explicit on the

Point, and to aiTcrt their fovcrcign Rights iit

the ftrongeft Terms, viz. — " Be it declared by

•* the King's mod excellent Majcfty, by and with

*' &c. &c. that the faid Kingdom of Ireland

•* hath been,, is, and of Right ought to be, fub-

*' orainace unto, and dependent upon, the impe-

** rial Crown of (7r^^/-5rr/4/«, as being infepara-

*' bly united and annexed thereunto. And that

** the King's Majefty, by and with the Advice

*' and Confent of the Lords fpiritual and tempo-

" ral, and Commons of Great^Britain in Parlia-

" ment afTembled, hath, had, and of Right ought

to have, full Power and Authority to make Laws

and Statutes of fufficient Force and Validity

to bind the People and Kingdom of Ireland,

" And be it further declared and enabled by

** the Authority afurefaid, that the Houie of

*' Lords of Ireland have not, nor of Right

*' ought to have, any Jurifdiflion to judge of,

*' aiffirm, or reverfe any Judgment, Senter.ce,

" or Decree, given or made in any Court

*' withiu the faid Kingdom : And that all Pro-

" ceedings before the faid Houfe of Lords upon

^' any Judgment, Sentence, or Decree are, and

" are hereby declared to be, utterly null and

*' void to all Intents and Purpofes whatfoever."

[See 6 of G. i. Cap. 5.]

This DifTcrtarion relative to the Plea for the

Independence of Ireland^ it muft be owned^

I ■ 1 1/ -.J >• nas,

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,.. PLEAS AND ARGUMENTS. 35

fias rather been a long one : But furely it can-
not be eftccmcd a Digreinon ; for I defy the
warmeft, and the ablell Advocate, that ever
appeared for North America^ to produce any
Arguments half fo piaufible for the Indepen-
dence of the Colonics, as thofc which Mr. Mo*
LiNEux had formerly adduced tor the Indepen-
dence of Ireland \ which yet, I hope, have
received a thorough Confutation. In fliort, be-
gin where you will, and you will And, that the
North- American legal and hijlorical Plea is in-
finitely inferior to the Irijh. There never was
any Stipulation entered into between the Con-
querors and the Conquered in North America: —
Never any pretended Transfer of the Sove-
reignty of the Country to other Hands:— Never
any Charters given, which even did pretend to
exempt the Colonies from the LegiQature of the
Briti/h Empire: — Bur, on the contrary, th(i
very Charter of Pen/tlvania^ where the Congrefi
was Jo lately held^ declared and maintained
the Parliament's Right of Taxation in exprefs
Terms. Moreover, there were never any Lands
feized or pofTefled by the firft Settlers or Ad-
venturers on any other Conditions, or in Con-
fcquencc of any other Deed, Grant, or Title,
than thofe which explicitly acknowledged the
Supremacy of the Englijh Crown. And laftly,
there is not one Inftance to be produced of {^
much as a Doubt in any of our Courts of Judi-

C 2 cature

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36 PLEAS AND ARGUMENTS.

caturc, that America was not bound by EngUJft
Afts of Parliament i- provided ^hole Adts re-
lated to, and particularly mentioned, the i^lan-
tations, or Colonies of America, On the con-
trary, as foon as ever it was perceived, that the
Seeds of Difobedience were beginning tofprout
up in America^ Laws were made from Time to
Time to weed them out, and to maintain the Au-
thority and Jurifdidion of the Parent-State.
This may be traced from fo early a Period as
the Reign of King William, when the Colo-
nies were hardly emerged from their Infant-
State i yet as fome Symptoms of a rebellious
Difpofition began even then to appear, an ex-
prefs Law was made to deftroy every Pretence,
and to obviate every future Subterfuge, which
could pofTibly be invented, for afferting the In-
dependence of the Colonies. And as this fa-
mous Law was made, — not in thefe vile degene-
rate Times, when (according to modern Phrafc)
our Liberties lie bleeding, and all our Fran-
chifcs are at their !aft Gafp,— but in the patriotic
Days of our glorious Defender King William;
and as this Ad: of Parliament is the moft effec-
tual, and legd Cjnfutation of the wild Pretcn-
fions, and exorbitant Claims of the prefent Con-
grefs, that can be imagined, — inafmuch as it
was made above 70 Years before thefe Repub-
lican Meetings were in being \ — I Ihall there-
fore, quote it once more, tho' 1 have mentioned

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, :>.-<■!. .•■<-'j'\,'

PLEAS AND ARGUMET^TS.

It twice already in the preceding Trafts. ** Be
*** it further cnadcd, and declared by the Au-
thority aforefaid, that all Laws, Bye-Laws,
Ufagts or Cuftoms at this Time, or which
** HEREAJTER (hall bc in Practice, or endea-
" vouFcd, or pretended to be in Force or Prac-
''tice in any of the faid i lantations, which are
*•- in any wife repugnant to the bcfore-menti-
** oned Laws, or any of them, fo far as they
*' do relate to the faid Plantations, or any of
" them, or which are any wife repugnant to this
" prcfent A61, or to any other Law here*

" AFTER TO BE MADE IN THIS KiNGDOM, fo

«' far as fuch Law fhall relate to and mention
'* the faid Plantations, are illegal, null, and
" void to all Intents and Purposes what-
« SOEVER." — [See 7. and 8. of William III,
Cap. 7. § 9.]

Now, as this Statute of William the Third
evidently undertakes to juftify the Conftitutional
Right of Parliamcm to make Laws to bind the
Colonies i—it neceflarily follows, that, if the
late Stamp- Adt, and every other Adt of George
the Third now complained of, were really and
truly no better than Ufurpations^ this original
Law, which pretended to authorize them,
ought to have borne the greateft Blame :- -And
then the American Grievances will be found to
be of much older Date than the Americans them-
ielvcs, for certain Reafons, arc willing to ac-

C 3 knowledge.

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jg PLEAS AND ARGUMENTS.

knowledge. For, in Fad, if the heavy Charge
of Ufurpatioft, now brought againft the Mother
Country, is well founded -, King William
and his Parliament were the prior Uiurpers,
and the grcateft Invaders of the Colony-Rights:
So that the worft, which can be faid againft the
prt'fent Legiflature, with any Colour of Reafon,
or Shew of Truths is only this : — That in mak-
ing the Staprip and other A£ts of the preferit
Reign, they too implicitly followed the bad
Example which had been fet before them. But
if, die Charge was not brought againft King
William and his Parliament for what they
did; it ^s impofllble that it could be brought,
voith any Conjiftence, againft the prefent Govern-
ment, who have done nothing more, than tread
in their Steps, and following their Decifion. '
J However, we will readily allow, that bad
Laws may be made by rightful Governors, as
\ip]^ AS by Ufurpcrs. And therefore another
Qiieftion comes here to be difcuflcd, viz.
Were thole Colony Laws, lately made by our
Parliafnent, — were they, 1 fay, good or bad
in their own Nature ?— And particularly it may
be alked regarding the * Stamp A&. (as being a
:, rr u-''^ .■ ' . ■ ' ■■ ^•■•-- -'■• ' ..■.ii- ^ ■- ■-' Kind

ii'l

.<•■

* I particularly mentioned the Stamp-A6l, as being the
apparent, ot pretended Caufe of all th^ prefent Difturbances.
But no Man living can be To ftupid, as to believe, that it

wa»'

ii' '

'^ PLEAS AND ARGUMENTS. 39

Kind of Touchftone for all the reft) was it fuch
as deferved to be branded with the Epithets of

€ruel^ tyrannical^ and oppre£ive^ had it been

made by thofe LegiQators, who had the Right
and juft Power of making Laws for the Colo-
nies?

. Now to anfwer thefe Queftions, we will here
briefly remark, that this Tax had every Quality
belonging to it, which could have denominated
it nafonable and unexceptionahk, refpedting either

the Sum or ^antum to be raifed, or the

iWi?i^ of raifing it, or the Ufes to which it

was to be applied.

And firft as to the ^atitum^ The Sum in-
tended to be raifed, was only a Part, and afmall
Part too, of the very fame Tax, which we had
begun to lay on ourfelves, and then had greatly
augmented for the Benefit and Protection of
thefe very Colonies. — So that in this Inftance,
at lead, there could have been n6 Pretence for

was the true one. The real and true Caufe was the driving
of the French ^tom Canada ; and the other was only the Oc-
€afi^n. Had the /'rMr/* Government ftill fubfifted in that
Country there would have been no Congrefles afTembled in
our Colonics to difpute the Rights and Authority of Great
Britain,, But when the Color^ies became in {^6^ independent ^
through our Means, it was idle to expedl, that they would
lung want an Opportunity of declaring their Independence :
And tho' the Stamp AiX had never exifted, it would have
been eafy to have found «)ut feme other Pretence, to have
anfwered the fame end. For when people are ripe and pre-
dijpf>fed\ any Thing and every Thing will the« ftrve for a
Prctfi^t tu do ih^t, 'which thev have a- Mind to do,

"'"^ C'4 thofe

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46 PLEAS AND ARGUMENT$.

thofe Clamours, fo induftrioufly propagated Ijjr
the Americans abroad, and the Mock- Patriots ac
home, that the Parliament had laid Taxes on the
Colonics, in which the Inhabitants of Greaf- Bri-
tain bore no Part : For the latter not only bore
a much greater Proportion of the fame Tax
than the Colonies ; but alio fubmitted to fcve-
ral Augmentations of it for the Defence and
Protedion of America, i ,.

And 2dly, as to the Mode of raifing this
Tax : Were all poffible Modes to be examined*
and compared together, this of a Stamp-Duty
appears to be one of the beft and mofl unexcep-
tionable, which the wit of Man can devife •, in-
afmuch as it approaches to a voluntary Tsx much
nearer than any other. In fad, it neither op-
preffes the Poor, nor impoverilhes the Rich ;
it multiplies Officers or Colledors the leaft of
any : It caufes 1510 forceable Entries into Peo-
ple's Houfes : Nor is there any Need of ufing
Violence in collecting it : And in (hort, it doth
not endanger Liberty, nor render Property le(s
fecure than they would otherwife have been, ih
any RefpeA whatever. Nay, fo far from it,
that in the Courfe of its Operation, it often de-
tefts Forgery and Impofture, and by that Means
becomes the Guardian of Simplicity^ Honefty,
and Fair-dealing.

Lastly, as to the intended Application

of this Tax j- the Sums arifing from it were

1 * ' - iblely

'a\

Illli.

i'LEAS AND ARGUMENT^. .^t

folely to be applied for the Ufe of America^ and
not of Great-Britain:— And in regard even tp
jimerica, the Money was not to be appropriate^
for the private Ufe of any particular Province :
tor had that been the Cafe, it certainly would
have been more prudent in the Parliament to
have permitted that particular Province to have
raifcd its c%vn Taxes for its own Ufes: But this
Tax was deftined for the Good and Prote6bion of
the whole American Empire^ both in the Ifland?,
and on the Continent. And therefore the veiy
Nature of the Cafe rendered it exceedingly pro-
per for the fupreme Legiiiature to take upon it-
felf the Cognizance of the Ma^tter, according to
the for^ner Example of a Poft-Tax in the Reign
of Qiieen Ann. [See gth of C^ Ann, Cap. loj
It was right f9 to do, both in order to regulate
and direft the whole for the public Good, and
^Ifo to apportion out, what each Colony onghc
to contribute thereunto : Which Partition theje
disjointed Governments, with their difcordant
Interefts, would never have fettled an[K)ng thenv
felves.

In (hort, and to fum up all, it is generally
^*llowed on all Sides, by Americans an well as
ir *ners, that had the provincial Governments
themfelves agreed together to have laid on fuch
a Stamp Duty, as the Britifli Lcgiflature did lay-
on, it would not, it could nor, have been deemed
<xccflivc and immoderate as to the ^antuWj or
:■" ■ Sum

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ANO ARGUivlENTS.

Su'.Ti to be raifed,— nor vnjuft, partial, or op-
pjrcflive as to the M»de ; — nor yet unwife, unoe-
. ceflary, or dangerous in refpe£t to the Applica-
Hon of k. So that the whole Oppofition made
to it, from firft to laft, is relblvable into one
lingle P6int, viz. The Powers iiyhich laid it on,
had no Right {o to do-, they were Usurpers.
But alas ? if they were VJurperSy it nnutt necefla-
Hlly follow, that all fomier Engtifit LegiQatures
-were Ufurpers likewiie:— For they all made
Laws to bind the Colonies: — They all ima-
gined, tf^at they were the fupreme Legiflature
oftheEir.^ .% which therefore was to govern
and controui the whole :— They all afled as if
every other Branch of Legislation was wholly
and iblcly derived from them, and therefore
could not be but dependent on,' ;pd fubje£b to

It fcems, thefe grand and fundamental Prin-
ciples are now flatly denied by the Colonies :
Xet us therefore fee, what they have to fay in
fo extraordinary a Cafe, and how they attcnip^:
to vindicate their novel Claims*

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SECTION

PLEAS AND AI^GUMENTS- 43

»»•*»■*••■■

fi E C T I O N ii

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5"^^^ P/f<? alled^ed by the Colonies m Support

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IN QTcJer to av:oi4 every Appparagce of JPar-
tiality in this Cafe, I will ftatc th^:^mmcan
plea in the very Words of the 4^erii:'<ins them-
ielves, convenv'd togethpr ifi th^ir <;clcbrate4
Coiigrefs at Philadelphia j and then it is to bp
prefiimed, ';r ^ - ;vn\,;;, -

' 1 . — — — Bi Pergama dextrii ''^ ' *

Defmdi pojfmty ttiamhit dtfmfa fuijftnt, 5 , .'*

' Their Words are thefe : — " The good Peo^
pic of the fcvcfal Colpni^s of New Hampjhite^
MaJfachufitts^Bay^ Rhode-JJland and Providence
Plantations, ComeSiicut^ New-Tork^ New-Jerfeyy
''^ennfylvania^ Newcaftle^ Kent and Sujfex on De-r
laware, Maryland^ Virginia^ North Carolina^ and
South- Car oUna^ juftly alarmed at the arbitrary
Proceedings of Parliament ahd Adn^iniftration,
havefeverally elc^tied, conftituted, and appointed
Deputies to meet and fit in generial Congrcfs
in the City of Philadelphia^ in order to obtain
fuch Eftabli(hment,as that their Religion, Laws,
and Liberties may not be fubverted : Where-
upon the Deputies fo appointed being now af-
femblcd, in a full and free Reprefentation of
, ■■■ ' ■ thefe

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f44. 'PLEAS AND ARGUMENt^.

thefc Colonics, taking into their moft fcrioiis
Confiderktion the belt Means of attaining the
Ends aforefaid, do in the firil Place, as Englifli-
men their Anceftors, in like Cafes, have ufually
done, for aflerting and vindicating their Rights
and Liberties, declare,
■ That the Inhabitants of the Enili/hCo\o-
nies in N^rth-Americd^ by the immutable Laws of
Nature^ the Principles of the £»f//)^ Cbnftitu-
tion, and the feveral Charters or Conjpafts,
have the following Rights '" ^ "''' '

*' Rejolvedy nem, con. That they are enti-
tled to Life, Liberty, and Property : And that
they have never ceded to any fovereign Power
whatever, a Right to difpofe of either without
their Confcnt.

• ** Refolved^ nem, con* 2. That our Anceftors,
who firft fettled thefe Colonies, were at the Time
of their Emigration from the Mother Country,
entitled to all the Rights, Liberties, and Im-
munities of free and natural born Subjeds with-
in the Realm of £irf/tf»i.

" Refolvedy nem, con, 3. That by fuch Emi^
gration they by no Means forfeited, furrendered,
or loft any of thofe Rights, but that they were,
and their Defcendants now are, entitled to the
Exercifc and Enjoyment of all fuch of them as
their local, and other Circumftances enable them
|o exercifc and enjoy^ , , r ? j:^

"y '•''.(> ' ^ Refolved^

PLEAS AND ARGUMENTS, 4J

** Refohed^ 4. That the Foundation oS Eng-
iijh Liberty, and of all free Govern met, is 4
Right in the People to participate in their Legifia-r,
iive Council: And as the Englijh Colontfts are not.
reprefentedf mid from < ^ eir local and ether Circurn^
Jiames cannot properly he reprefented in the Britj/k
Parliament ^ they are entitled to a free and exclufive
Power of Legiflation, in their feveral provincial
LcgiflatuTcs, where their Right of Rcprefenta-
lion can alone be prefervcd, in all Cafes of Tax-.
ation and internal Polity, fubjed only to the
Negative of their Sovereign, in fuch Manner as
has been heretofore ufed and accuftomed : But
FROM THE Necessity of the Case, and a Rb-,

CARD TO THE MUTUAL INTERESTS OF BOTH

Countries, we chearfully consent to the Ope-
ration of fuch A6ls of the Britijh Parliament,
as are bona fide reftrained to the Regulation of
our external Commerce, for the Purpofe of fe-
curingthe commercial Advantages of the whole
Empire to the Mother Country, and the com-
mercial Benefits of its refpetftivc Members, eX"'
eluding every Idea of Taxation internal or external,
for raijing a Revenue on the SubjeSis in Ameria^^

WITHOUT THEIR CONSENT. * '* '" '

' " Refolved^ nem. con. 5. That the refpe£live
Colonies are entitled to the common Law of
England^ and more cfpccially to the great and
ineftimablc Privilege of their being tried by the
Peers of the Vicinage, according to the Courfe
ofthatL?*w. ^ Refclved,

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•' « Refohedy 6. That they are entitled to the
Benefit of fuch of the Engli/h Statutes, ^ exlft-
ed at the Time of their Colonization; i^n4 which
they have, by Experience, refpe^iyely fovind to
be applicable to their fever^l. Ibcal, and other

Circumftahces. ^^ „ .^^^a^.,^^,^ ^^^^ /.«!^^.a^i;i •
*' Refolvedy nem, con. j. That thefe, his Ma-
jefty's Colonies, are likewife entitled to all the
Immunities and Privileges granted and confirmed
to them by royal Charters, or fecured by their
Icveral Codes of provincial Laws.

*' Refolvedy nem. con. 8. That they have a
Eight peaceably to aflemble, confidcr of their
Grievances, and petition the King ; and that all
ftofecutions, prohibitory Proclamations, and
Commitments for the fame, are illegal* ^ ;^
' *« Refolvedy nem. con. 9. That the keeping a
ftanding Army in thefe Colonies^ in Times of
Peace, without the Confent of the Legiflaturc
of that Colony in which fuch Army is kept, is
againtl Law... ]. ., ,^ : ,^^:.,. ,,v in ■-u:v^i-\i^->'s^Mii
'' kefdvedy nem. con. 10. It is indifpenfably
neceflary to good Government, and rendered
eflcnr.ial by the Englifli Conftitution, that the
conllitucnt Branches of the Legiflature be indc-
pendenn of each other ; that, therefore the Ex-
crcife of legiflative Power in the feveral Colonies,
by a Council appointed, during Pleafure, by the
Crown, is unconftitutional, dangerous, and de-
ftrudive .to the Freedom of American Legifla-
tion. ' * ^ " All

PLEAS AND ARGUMENTS, 47
<* All and each of >vhicb, the aforefaid De-
puties in Behalf cf thetnfelves, and their Conft!-
tuents, do claim, demand, and infidon, as their
indubitable Rights and Liberties ; which caiinot
be legally taken from them, altered, or abridged
by any Power whatever, without their own Ccm^
fent^ by their Reprefentatives in thar fevetid fro^^
liincial Lenflatwrei** \ ^, . .\ ..v,;.

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*r- S E C T I O N III;^^

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Ti^tf refpe5five Fleas of the Parent State^
' and of the Colonies examined^ and com^

fared together : And the Impojfibility of
' their making any mutual Concejions^ con*

fjiently ivith their refpeStive Claimi^

proved and demonjlrated. ., j

/'>t.«\ ,* \\vi.

THE firft Thing oblerveable in this Contro-
verfy is, that there is no common Prin-
ciple to reft upon, no common Medium to ap-
peal to. The Colonifts reafon principally from
what they apprehend ought originally to be the
Cafe, — to what in future fliall, or muft be:—
And the Mother Country from what adually
was,— to what Hill ought to be. Or in othef
"Wordsj the Parent-State grounds her prefent
Claim of Authority and Jurifdidlion over the
Colonies on Fads and Precedents, and on what
was a€lually the State of Things at the firft
Settlement of thefe Colonies, and during the
>vhole Courfe of their Growth and Progrefs
ever rince,---adding withal, that in every State
or Commonwealth aniient or modern, legal
Protc6lion neccflarily infers the Duty of legal
Obedience, and that there muft be in every
Government a dernier Refort, and a Neplus ultra
of ruling .'ower. On the other Hand, the Co-
lonifts, who are all the Difciplesof Mr. Lock,
' '" - have

t»LEAS AND ARGUMENTS. %

■

have Rccourfe to what they call immutable
*Truths^"-ihe abflrad Rcafoning, and eternal
FicnefTes of Things,— and in (hort to fuch Rights
of human Nature, which they fuppofe to be ali-
enable and indefeafible. Former Laws and * Pre-
ccd<ints c^rry little or no Conviction to People,
who argue after this Manner: And therefore
tHey are feldbm or never mentioned by the
Americans: For all ihefe, they well know,
would i" furely make againft them. And as to
any Claims to be derived from regal Charters,
they are not infilled upon as the main Pillars,
of the American Caufe, [Indeed, if they were,
fuch Supporters mud fall of Courfe ; becaufe
-- — ■ — ^ . — 7- ^ —

.f * Dr. P|i I BSTL Y, the celebrated Champion of the Jme-
ritantf exprefsly excepts againft onr having Recourfe to any
fuch Topics as thefe. His Words are curfoas : ** Lawyers^
** iaya he, who are governed by Rules and Precedents^ are
** very apt to fall into Miilakec in determining what ia
" i^igff* ^^^ lawful in Cafes, which are, in their own Na-'
«* tore, prior to any fixi Law or Precedent." — \See his

TraS M Political Likerty^ Page 26. '\ Lawyers therefore

are no proper Judges of the Law and Conftitution of ;he
Colonies !— To what a Pafs are Times now come ! ^'^"■^i-
;, f In Cfouch*s Book of Rates, Edit. 1757, there are enu-
merated, under the Article Plantations in the Index, front
Page 539 to Page 557, no lefs than Ninety Clait/et, or Ex-
tra^l from ASs of Parliament, for governing and con-
trbuling the fubordinate Legiilatures of the Colonies, for
regulating their Police, ana reftraining their Trade ; alfo
for difpenfine with the Trials by Juries in contraia'nJ
Caufes, and for appointing other Modes of Trial ; and
laftly for laying on Duties and Taxes of various Kinds.
Moreover it if obfervable, that every one of the Ads there
mentioned, was prior to the prefent Reign. And had Mr.
Crouch* sSixi)}c&. led him to it/ he might have mentioaed
t\\JLCt as many more.

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every Charter granted f )lely by the King, muft,.
in the very Nature ot'l'hings, be fubordinate to
the fuprcme Legiflature botli of King and Par-
liament.] But thcfe Claims, pretended, to be
derived from Charters, are quoted only by the
bye, as a Kind of fupernumcrary Proof, and as a
Sort of analogical Reafoning, fit only for thofe,.
whole weak Minds cannot digeft Arguments of
a fuperior Strength and Quality.

HisNCE therefore it is plain and evident, that
there can be no Grounds for a Com prom ifc of
DifFfcrcnces between thefe two contending Par-
ties i for they hold nothing in common to Hand
upon : So that either Side mud maintain the
whole of its Claim, or wholly recede from it.
" You are either Subjects, or not Subjeds, fays
" the Englijhman to the American \ for there is-
*' no Medium between Dependence and Ind(

** pendence." We are not fubje^ to the Eng-

li(h Government in any Refpe^^ againfi our own'
free Choice^ and voluntary Confent^ fays the Ame-
rican : And you are Ufurpers in every Attempt yoic
make to deprive $is of this innate^, inherent ^ and
unalienable Liberty: — Therefore, fays- the im-
partial Bye-Stander, if there be no Medium
between- Dependence and Independence, be-
tween Ulurpation and a lawful Authority,
it neceflarily follows, that your Differences can
never be reconciled, or adjufted.— And you
will have no other Choice, but either to quarrel
perpetually,— ,or to feparate peaceably.

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PLEAS AND ARGUMENTS. 51

But, 2dly. Wc will fuppofc for Argument's
Sake, and becaufc fuch a Scheme has been pub-
licly recommendtil, we will fuppofe, I fay,
that fome Well-wlflier to both Countries of a
better Heart, than Head, fhould prcpofe a Plan
of Reconciliation after the following Manner.

" l.ET Great Britain allow the Colonies the
** fole Right of taxing ihemfclves • And on the
" other Hand, let the Colonies allow to Great-
** Britain the exclufive Right of regulating their
*• external Commerce : And then the antient
Harmony between them will be rcftored, and
all will be Peace again." ^ . ,

These Words, it muft be owned, look fair as
far as they go : But they are fallacious even at
firft fetting out. For there is a pnlpablc Decep-
tion in the very Terms here made ufe of, allow
The Right-!, which Fallacy is eafily.difccvcred by
fubftituting other Words in their Stead. Por
Example, Let Great-Britain renounce the Right
of taxing the Americans without their own Con-
fent: And then the Americans will, • what ?
Renounce the Right of regulating their own
Commerce? No, by no Means : The /fw^nV^wj
will never make any fuch Renunciation. Indeed
they fay, they cannot : And they fay truly, on
their Principles. For if fuch a Right be founded,
as they exprefsly declare it is, in the immutable
Laws of Nature^ \i\zhc unalienable^ unalterable^
and indefeafible^ it is impofTible to renounce it:
And every Attempt of this Sore muit be judged

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52 PLEAS AND ARGUMENTS.

foolilh and prcpofterous, null and void. Nay,
*thc utmoft which can be cxpeftcd from them,
according to this Hypothefis, is what they de-
clare in their 4th Refolve, Page 35, they are
ready to do, viz. *' That from the Nectffity of the
*' Cafe^ and a Regard to the mutual Interefts of
" both Countries, they will cheerfully consent
*' to the Operation of fuch Afts of Parliament,
*• ai, are bona fide reftrained to the Regulation of
** their external Commerce **^ So that here you
plainly fee, they ftill maintain their Right, and
the Interpretation of that Right *,— only con-
fenting to fufpend the Exercife of it for the pre-
fent,— on Condition neverthelefs, that fuch an
XJfe ihall be made of this Conceffion as they (halt
approve of. In ihort, it is evident according
to their Ideas, that were you to allow them the
fole Right of taxing themfelvcs, you would
grant them — Nothing: Nothing, but what
they had a prior, and even an indefeasible
Right to enjoy, whether you granted it them
or not ; but which you had from the Begin-
ning very injurioufly attempted to rob them of.
"Whereas, were they to allow you the Privilege
of making Ads to regulate their Commerce ei-
ther by Land or Sea^ they would thereby grant;
you a Favour, to which of yourfeWes you had not
the leaft Claim or Pretention. And confequently
as this Permiflion wuuld always remain a mere
Adt of Grace and Favour on their Part, there
. would likc\yife always exift an unalienable Right

•t

PLEAS AND ARGUMENTS. .53

of limiting, circumfcribing, and of interprepng
it, in what Manner they thought proper-, and at
laft of totally withdrawing it, when they believed
it to be abufed, or perverted to their Prejudice.
* Moreover., gdly* Granting even that Great-
Prifam was fo ill advifed, as to enter into a
Con)pa6l with the Colonics, on thefc diftionour-
abje and difadvantageous Terms ; granting, I
lay, that we trufted to a Treaty, which the y^me-
ricans themfelves declare aforehand to be bind-
ing only during Will and Pleafure j and which
cannot poflibly bind their Pofterity,~ftill it is
. to be enquired, what EiFefts would thisfeeming
Comproniife have upon the Colonies ? Would
it reftpTC Peace ? Would it produce a cordial
Reconciliation ? No, by no Means. I affert
this with the lefs Hefitatiop, b^caufe I have
proved already [fe^ Page 15 1 — 157 of Traft
IV.J and can prove ftill more abundantly, that
the A6t; of Navigation of Charles II. and every
other ancien^: Law for reftraining, and monopo-
lizing the Commerce of the Plantations, never
did produce thofe d^fireable EfFetls of Harmo-
ny and Unanimity, which are now confidently
afcribed to them. On the contrary, the real Faft
was, and it is naiiiral it flwuld he fo^ that thefe co-
ercive Laws were always regarded, as the ii':ver-
failing Source of Difcord and Difliention between
the two Countries. Indeed the Truth, the un-
deniable Truth is, that the Colonies engaged,
ifom the very firft Period of their Exiftencc. \n

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r;54 PLEAS AND ARGUMENTS.

all Sorts of contraband Trades, wliich they
'could pradliie with Impunity, or which they
could carry on with any Profpeft of Profit.
And it is aftonifhing, that any of their Advo-
Catesjcfpecially thofe oi ^ifacredChara^ry fhoujd
be fo far mifled themfelves (for we dare not
fuppofe, that they would willingly and dcfign-
cdly miflead others) I fay, it is really aftonifliing,
that they could be ib ignorant of thcfe notorious
'Fadts, as even to infinuatc the contrary. • But
•fince it has ^o happened, we mull now oblerve
once for all, that it appears from the very Sta-
tutes of the Realm, that the Colonifts never
made it a Scruple of Conffciencc to import from
prohibited Places, and to export to them any
Article of Commerce, which they thougfrt they
could either buy, or fell to Advantage. Hence
therefore mutual Complaints aroje from the very
Beginning ; thefe encreafed and multiplied tytry
Day, in Proportion as the Trade extended.
And at laft the Colonifts not only eluded the
Vigilance, but frequently outbraved the legal
Power of the Mother-Country. This made it
neceflary for the Englijk Legiflature to en^iSt
new Laws from Time to Time in order to
strengthen and enforce the old ones, and to pre-
vent the Increafe of thefe Evils as much as
poffible. And it is very oblervable, that there
Is one general Principle, which runs throughout
all thefe Laws, and diffufes anc? expands itfelf
inore and more, according to the Exigencies of

the

*.•■•"'

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PLEAS AND ARGUMENTS. SS

the Cafe, viz. ^haf a Jury of American Smug'
glers was not to be trufted in the Condemnation pf
d Brother -Smuggler, Hence therefore every new
Law cncreafed, and extended the Power of mak-
ing an Option^ gra. ;d to the Revenue-Officers,
of profecuting the Offenders either in England^
or in Ireland^ — or in the Courts of Admiralty in
the Plantations,— or indeed by a Jury in any-
other Plantation, if fufHciently diftant from the
Spot, where the Fa£t was committed. So that,
in Ihort, the difmal Outcry now raifed by the
Congrefs, of having the Rights of Englijkmen
taken from them, viz. the Right of being tried
by a Jury of the Vicinage^—^is if it was the mo-
dern Invention of a profligate Minillry, and' a
corrupt Parliament, — is a Grievance, if it be a
Grievance, of upwards of an hundred Years
STANDING, [fee particularly 22d and 23d of
C. II. Cap. 26. § 12 and 13.— alfo, 25th of
C. II. Cap. 7.— and 7th and 8th of Wm. III.
Cap. 7, §. 7.]

Now, if the Americans were th ^ardy in their
Duty towards their Mother Country, ('uring
their Infant-State, and before they had learnt
even to lifp the high-founding .Words, immutahk
haws of Nature^ — unalienable Right s^ — and felf-
evident Propofitions, — what are we to exped at
prefent, when they have added all the Principles
of Refiftance and Revolt to their former difobe-
dient PraSlices ; — and when they are become,
even through Motives of Confcience, the deter-
mined

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mined Enemies of the Authority and Jurifdic*
tibn of Great-Britain F'"! a(k therefore, Gan
any Mortal be fo Itupid, as to believe, that an
Jm&ican Jury will, for the futui'e, be more fa-
irourable to the Englifh Pica of an exclufive
Right to, and a Monopoly of their Commerce,
than their Juries were in former Times ?— And
iifrhat a Farce would it be, to attempt to bring
fuch a Caufc as this before an ^merican^udic^^
ture, according to the Sentiments and riotions
they have now imbibed ? — In fuch a Cafe, it is
much more probable, that they would find a
Bill of Indicltment againft the OiHcer for feizing
thefe Goods, than againft the Culprit for import-
ing or exporting them contrary to an Englijh Law ;
a Law, vfrhofc Authority they difclaim, and
whofe Penalties they both deteft, and dcipife.'

But why (hould we labour this Point any
longer ? Dr. Franklin himfelf joins his Suf-
frage to ours ais far as this Point is concerned.
Many [fays he, in his Advertiffement to his
Confiderations on the Nature, and the Extent
of the Legiflative Authority of the Bfitifli Par-
liament, printed in * RivIndtom's Niii) Tork
Gazetteer^ Otibb& 30, 1 774,] '* Mkny will t)er-
"'haps be furprized to fee the Lcgiflative Au-
** thority of the Britijh Parliament o^er the Co-

♦ I have been lately informed, that the News- Writer of
^mu'Tork was herein miftaken ; this Pamphlet brcittg the
Produdion of another patriotic Pen, and not of Dr.

-' . «t Ionics,

!>LEAS AND ARGUMENTS. 57

«* Ionics, denied in ivery Inftance, Tliofe the
** Writer informs, that, when he began this
•* Piece, he would probably have been furprizcd
*' at fuch an Opinion himfelf. For it was the
** Refuh, not the Occafion of his Dlfquifitions.
** H6 entered upon thein with a View and Ex-
•' pedtation of being ahle to trace fooic conftitu-
♦* tional Line bctw.ren thofc Cafes in which we
*' [tin&^merh^atts] ought, and thofe in which we
*' pugnt not X.0 acknowledge the Power of Par-
*' liament over us. In the Profecution of his
*' Inquiries he became fully convinced, that
**'fu€h a Line doth not e^ift \ and that there can
** be no Medium between acknowledging^ and
" ^^wy/>^ that Power in all Cases." t

Now after this, what can be faid more ? And
how can we think of a Medium, of a Fempe-
rament, of a Reconciliation in fuch a Cafe ?
Mutual Conccflions cannot poflibly be made :
Compromifing Schemes are idle, and vifionary
Things ; becaufe the Nature of the Claim on
both Sides is abfolutely fuch, that it muft be ad-
mitted whole and entire j— or be wholly denied
and rejedled. Therefore in fuch a Dilemma,
what other Scheme [peaceable Scheme I mcanj
can now remain for the good People of Great-
Britain yet to purfue, — bi:t either to furrender
the dilobedient Colonies entirely up, by declar-
ing them to be fo many free and independent
JSmejs i-r-Qr to become their 1 ributanes and,

E Vafials?

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58 PLEAS AND ARGUMENTS.

Vaflals?--! fay, their Tributaries 2it\di Vajfafs :
For fuch wc muft really be, if wc do not fepa-
rare from them, whatever thin Difguifes may be
attempted to be put on to cover the Difgrace.
Every Advantage, which we enjoy, they arc to
enjoy in common with us) and yet to contribute
nothing but what, when^ and how they pleafe
towards the vaft Expence of procuring, and fe-
^uring thcfc Advantages. We are t^ defray
the Charges of Fleets and Armies, of Forts and
Settlements, of Embaflies and Alliances, of
Treaties' of Peace and Commerce, and of all
other expenfive Privileges which the EngUfli
enjoy among foreign Natrons*, and then they
(the Americans) are to reap the Benefits of them
equally with ourfelves. In fhort, we are to be
the firft Adventurers, and the firft Drudges in
every Cafe; we are to run the firft Rifques,
and to bear all the primary Expences i— and
then, when Matters are brought to bear, and
the Trade has fuccecded, they are to commence
our Rivals and Competitors. Thus, for Ex-
ample, is there fome new and important Difco-
very to be made in Chymical Procefles, in the
Arts of Dying, Colouring, Mining, Fluxing,
&c, &c. I Or are there any ufeful Machines tt>
be invented in the Mechanic Arts ? The In-
ventor may have a Patent to reward his Genius,
to re-imburfe his Expences, and encourage his
Induftry for fourteen Ye^ars, if he pleafes \ this
^ -* " Patent

PLEAS AND ARGUMENTS. 59

Plitent will hok) good againft his Fellow^Sub-
jc6ts in Gteat'Britain\"h\xt wiH not figni^ a
Rufli againft the Independents oS North Ameri-
ca :— And what is ftill more provoking, thefe
Independents will have ic in their Power to en-
tice aWay his Agents and Servants, after he hai
been at the fole Expcnce and Trouble of teacK-
itrg, and training them to the Bufinel's : — I fay,
they will have it in their Power to entice them
publkUy SLVfSLYj by offering them Reivards in our
qwn pi^iic Papers to remove to Narth-Jfiierica.
AgaK)> are there any Places, either lucrative or
honourable, important or influential, to be ob*
tained under the Britifli Government ? And arc
^11 Foreigners and Aliens, and even HanoverianSy
to be excluded from fuch Pofts of Honour, Pro*
fit or extenfive Influence? Very right:— But
OUir dear, independent Brethren of North- Ame^
rica are neither Foreigners, nor Aliens, not yet
Hanoverians : They are the better Part of our
ownfelves •, ^nd therefore- --//^ry /lave a. Right to
every Thing, Nay, they have a Right to be
cholen Members of the Britijh Parliament, and
to fit and vote for any Sums they fhall pleafe, tq
be applied for the Independence of America
againft the Intereftand C\d\msoi Great-Britain^
Once more •, Do we wilh to encourage fome ad-
vantageous Trade with a foreign Country •, a
Country, which abounds with raw Materials,
^ut is deftituttt' of Manufadiuiss ?---We mull

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hoc do it; if fuch a Trade ihould be fuppofed to
interfere with the Trade of the Colonies. Are
\ft neverthelefs convinced* that we ought to be
at Liberty to buy all Sorts of raw Materials at
the bcft Markets^ and the cheaped ? And that
, it is the Height of Abfurdity, to lay heavy
Duties on their Importation into Great'-Britain T
No Matter for that :— For if the Intereft of the
Colonies (hould fo requirt, that is every Thing;
that alone filences all Objedions. And wp
mull: give thefe Colonics great Bounties foi*
raiiing fuch Commodities, as might be im-
ported from other Countries much better in
. ^tf/r/y, much greater in ^antityy and without
'li/fy Bounties at all ; — nay, tho' thefe Countries
fhould agree to take our own EngU/h Manu^
failures in Return. .■i2:\-^um\\ rntmrn-i 'io ,.
There is therefore nothing more that can be
offered relative to this Subjed. For if we ihall
ilill perfift in carefTing our Colonies for putting
thefe Indignities daily upon us ; — if we (hall ilill
fubmit to be fleeced, taxed, and infulted by
them, inftead of throwing them off, and declar-
ing ourfelves to be unconnedlcd with, and inde-
pendent of them, we fhall become (and indeed
we are now becoming) a Monumenr of the

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