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HOUSE, PjCCADI M Dec LXXXIV, LL V, ^ i ^ ■i ,«* tk: I aM HISTORY OF t H £ DISPUTE WITH AMERICA, I HAVE intimated my intention of purfu- ing the Tories through all their dark in- trio-ues and wicked machinations ; and to fhew the rife and progrefs of their fchemes for cnllaving this country. The honour of invent- ing and contriving thefe meafures, is not. their due. They have been but fervile copiers of the defigns of Androfs, Randolph, Dudley, and Other champions of their caufe towards the clofe of the laft century. Thefe latter Worthies accomplifhed but little; and their plans had been buried with them, for a long courfe of years, until m the Adminiftrationof the late Go* vemor Shirley, they were revived, by the per- fons who are now principally concerned in car- rying them into execu^iion. Shirley was an en- B z terprizing ( 4 ) tcrprizlng man ; and having mounted, ncr matter by what means, to the Chair of this Province, he faw, in a young growing country, vafl profpcfts opening before his eyes ; and he conceived great defigns of aggrandizing him- felf, his family, and his friends. Mr. Hutch- infon and Mr. Oliverj the two famous Letter- Writers, were his principal Miniftcrs. Ruflcll, Paxton, Rugglcs, and a few others, were fub- ordinate inflruments. — ^Among other fchemes^ one was to raife a Revenue in America by au" thority of Parliament* In order to effed: their purpofe, ic was ne- celTary to concert mcafurcs with the other Colonies. Dr. Franklin, who was known to be an adtive, and very able man, and to have great influence in the Province of Pcnnfyl- vania, was in Boilon in the the year 1754, and Mr. Shirley communicated to him the profound fecret, the great defign of taxing the Colonics by Adt of Parliament. This fagacious Gentle- man, and diftinguilhed Patriot, to his lafting honour, fent the Governor an anfwer in writing, with the following remarks upon his fcheme* Remarks which would have difcouraged any honcft man from the purfuit. The remarks are thefe. I ♦)• KS THAt T ( 5 ) " That the people always bear the burthen *' bcfl:, when they have, or think they have, " fomc Ihare in the direction. *^ That when public meafiires are generally *' diflafleful to the People, the wheels ofGo- ** vernmcnt muft move more heavily. " That excluding the people of America *' from all Ihare in the choice of a prand ** Council for their own defence, and taxing " them in I'arliament, where they have no Re- *« prefentative, would probably give extren\c *' diflatisfadtion. hu " That there was nb reafon to doubt the " wlllingnefs of the Colonifls to contribute for *' their own defence. " That the People themfelves, whofe all '* was at Hake, could better judge of the force ^' neceflary for their defence, and of the means " for raifing money for the purpofc, than a " Britilh Parliament at fo grfeat a diftance. " That natives of America would be as " likely to confult wifely and faithfully fo *' the fafety pf their native country, as the Governor^ is ( 6 ) " Croveinois fent froui Britain, wliofe ol-)jefuch a regulation, nor " Ci, " their •J) 1 • rf » *^, 1 tfieif pillblrc fpirit foil to cjn'ry' it Jritdffjftciitlonv 4hit k ftiSiy be a c|ue^ftion, whether the prefent fe a proper tortile for this work ; moi'e urgent bu- ^hefs may ftan'd befbre it;v'fome preparatory Iteps may bfe i?e€^h^cd to-precede it ^ -but thefe will only ferve to'poflponc As we may expeift that this- reformation^ like all others, will be bppbfct! by 'pO^erfui ptejudlees, it may ftbt be kmifs to reafoh with therii at Icifure, ^nd endea-' Vour to" t?dKe olftheir forde before thcfy become bppdfcd to Gfe>Vehittielit»?' Upovf thefe w6rdsy it is impomble-iiOt tb ob- ferve, firft. That the Miniftry had never iigni- feecl to hihl any intention of neW reguhting the Colonies ;-^rtd th^rc'ft^re th'aHL it Washc w^o Offici- fSilriy put therfi i^ibft th'e^iiifiiit 6f thisf Willv iivlthia-Wil^y whkh Ms le'd^them hito fo' much fWite.- Sccrotid,. The 'flattery with whidh he in- fintiatcs tfh'dfe' projefts into the mttids of the Mi- lHf!r)% is^maneris 6f abfdlike Neceffity,- Which- th^ir grdat pertet^tion cotii^ ndt fiail to difco- Vier, nor thfe?r gre!^ regard to-tbe PubHC'-Omit. ^hird, ^he impbnunity with '#hieh he urges a i^^ieedy atfebmpHfhment of his- ptetended refbr- totfoh' df the Gv^^er nments; And,iburth , Hri^ cohfdotifttefs tfett tfhefe fchfeWies- wouW be 6p- poie^d, ilttoupiiead^s'toe^]^^^ tui '^feifeidiee^ biily"^ thkt t>ppol5tion' whitth i^^^^ ■^'--i ^ -'' America ( t3 ) Itmenca faj^s lias been diftated by found reafoify true policy, and eternal juftice.- The lafl thing; i ihaH take notice 6f is, the falfe infinuatlon, that fuch new regulations were then generally cxpedtedrf This is io abfolutely falfc, that ex-* icept Bernard himfelf, and hrs Junto, fcarccly -any body on this fide the water had any fufpi« <;ion of it-*-iivfomueh, that if Bernard had made '}>ublic at that time his Preface and Principles, as he fent them to the Miniftry, it is much ta 'i)e doubted, whether he could have lived in this •Country ; certain it is, he would have had no ■friends in this Province, out of the Junto, The intention of the Junto, was to procure 1 revenue to be raifed in America by Adt of "Parliaments Nothing was further from theit •deiigns and wiflies, than the drawing or fending this revenue into the Exchequer in England, to be fpent there in dtfcharging the National Debt, ■^nd leflening the burdens of the people ther(^# ••—They chofe to have the 6ngering of the mo- tney themfelves.-^Their defign was, that the money fliouM be applied, firlt in a targe falary 'to tbe^Gbvernor. This would gratify Bernard, ^nd render him and all other Governors, nbt 'dnty Independent of the ptop'le, but flill more •iiblblutely a flave to the will of the Miniftcr. "They intended likewife arfalaryfpr the J-ieutc- %•■ • -^« . nant* T . 1 ii hi . I ( H ) tenant-Governor. This would appcafc Mr.Hut-J chinfon. In Liie next place, they intended a fa- lary to the Judges of Common Law, as well as Admiralty. And thus the whole Government, executive and judicial, was to be rendered wholly independent of the people, (and their Reprer fentatives rendered ufelefs, infignificant, and even burthenfome) and abfolutely dependent upon^ and under the dired:ion of the will of the Mini- fler of State; — They intended further to new model the whole Continent of North America ; make an intire new divilion of it into diflindb, though more extenfive and lefs numerous Co- lonies, to fweep away all the Charters upon the Continent, with the deftroying befom of an Adt" of Parliament, and reduce all the Governmentis to the plan of the Royal Governments, with a Nobility in each Colony, not hereditary indeedy at firft^ but for life; — ^They did indeed flatter the Minifiry and people in England, with diftant hopes of a revenue from America, at fome fu- ture period, to be appropriated to national ufes there. But this was not to happen, in their minds^ for fome time. The Governments muft be iiew modelled, new regulated, reformed firft, i\nd then the Governments here would be able and willing to carry into execution any Adts of Par- liament, or meafures of the Miniilry, for fleecing the people here to pay dohz^, orfupport pen- - .„,, fioncrs ':. a ( «5 ) fioners on the American Eftablilhment, or brlbo Ele^ors, or Members of Parliament, or any other purpofe that a virtuous Miniftry coulcj defire. K But as ill-luck would have it, the Britifh FU nancier was as felfilh as themfelves, and inftead of raifing money for them, chofe to raife it for himlelf. — He chofe to get the revenue into the Exchequer, becaufc he had hungry cormorants enough about him in England, whofe cawings were more troublefoine to his ears, than the croaking of the ravens in America. And he thdught if America could afford any revenue at all, and he could get it by authority of Parlia^ ment, he might have it himfelf, to give to his friends, as well as raife it for the Junto here, to fpend themfelves, or give to theirs. - -:. ' I WILL proceed no further without producing my evidence. — Indeed, to a man who was ac- quainted with this Junto, and had an opportu- nity to watch their motions, obferve their language, and remark their countenances, for thefe lafl twelve years, no other evidence is ne- ceffary : It was plain to fuch perfons what this Junto was about. But we have evidence enough now under their own hands, of the whole of what was faid of them by their oppofers, through this whole period. Governor ; ■■■\ iM : ' ( ^« ) f, CqvERNOR Berkard, in his fctt,er, July i^^ 1764, fays, " That a genQr^JJeforraationpf th^ 1' Aoieric^p iCiovernment^ would become not *' only a defirable but a neceflary meafure/'-rrr What his idea was, of a general reformation of the Amerie^ft GoverntnejWiSi is to be learnt frpnj his Principles of Law an4 i^oiky, which he fei^ to thte Miwftry irt 1764,^^! ftiall.fe]€^ a few of ^hcmin his owi^ words; : . '> - V— . . -,: f € 1 ;: . His 29th propofirion 19, -^ T^e ri^e tiiat f ** Britiih fubjedt fha^l not be bound by Jaws, oic *^ liable to taxes, but what he feas confeijted t^ ^' by his Reprefentatives, rrjuft be coijflhed t# 5* the inhabitants jof Great Bi>kaia only, ^nd i* ^* not ftri(^ly;trMe evcB there.— ^30. The pajp- ^< liameat of jGreat Britain, as well from itjs ** rights of Sovereignty, as £rom occafional extr ** gencies, has a right to make laws for, and ;^* impofe taxes upoii its f^^bje^s in its external *f Dominions, arlthough they are not reprefentr as to Sufficiency and Independency;* • J w t I ( i» His 75th Propofition is, ** Every Americaa- Government is capable of having its Confti-> tutibn altered for the better. 76. The grantt. of the powers of Governments to American^ Colbniesj by Charters, cannot be underftood. to be intended for other than their infant or growing ftates; 77. They cannot be intend-^ ed for their mature (late, that is, for perpe- tuity, becaufe they arc in many things uncon- flitutional, and contrary to the very nature of a Britifh Government. Therefore, 78. They muft bie fconfider^d as defigned only as tem* pofary means for fettling and bringing for- ward the peopling the Colonies, which being effed:ed, the caufe of the peculiarity of their Conftitution eeafes. 79. If the Charters can. be pleaded againft the authority of Parlia-* mentj they amount to aI^-^Henation of the ;. • D " Dominion* W' m ( «8 ) '» Dbminions of Great Britain, and are, irt effa^^ *' adls of difmembering the Britifh Empire,. ** and will operate as^ fiich, if care is not taken* " to prevent it.- 83. The notion which ha* *' heretofore prevailed", that the dividing Ame- ♦* rica into many Governments,, and different " modes of Government,, will be the means to- *"* prevent ti 'r uniting to i^evolt,. is iU-found- ** cd ; fince, if the Governments wei»e ever fo- much confolidated,. it wiU be neceflary to* have fo many diftincfl States,, as to^ make i union to revolt impraifticable^ Whereas, 84. The fplitting America into- man»y fraall Go* ** vernlTientSj weakens^ the GovemWng Power,, and ftrengthens that of the People, and there-^ by makes revolting more probable, and more practicable. 85. To- prevent revolts in fu- ture times (for there is no room to fear them in the preftnt) the mod efFeftual means woulrf *"* be to make the Go\^ernments large and re- *' fpedtable, and balance the powetfs of them- ** 86. There is no- Government in America at prefent, whofe Powers-are properly balanced ; there not being in any of them a real and diftindt third Legiflative Power,, mediating, ** between the King and the People,, which i& *' the peculiar excellence of the Britilh Gor>fti- *' tution. 87. The want of fuch a third Legif-^ <* lative Power adc' weight ta the Popular, ancit lightens *c t< €t fit tx uled by the prefent bouodaries of the Colonies; as they were moftly fettled upon partial, -occafional^ '* and accidental confiderations, without any " regard to a whole^ 91. To fettle the Ame* ** rican Governments to the greateft poffiblfi advantage, it will be neceflary to reduce the number of them ; in fome places to unite and ^* x:onfolidate, in others to feparait^ and trans- ** fer; and in general to divide by natural *' boundaries, inftead of imaginary lines. 92, ^* If ther^ fhould be but one form of Govern- ^* ment eftaMiihed for all the North American Provinces, it would greatly facilitate the re- formation of them; fince, if the mode of *^ Government was evexy where the fame, people would be more indiifercnt under what D ^ " divifion .<( ,i( .<< 46 Xi .6 6 ,<6 J66 ff ffttCf of Troafon nnH Rebellion, labovir fo avail tficmfilvcs of the magic in thcfo words. — But their artifice is vai",— -The people are not to bg intiniidHtcd by hard words, from a necclliiry de- fence of their Liberties : — Their attachment to their Conftitution, fo dearly purchafed by their own, and their Anceflurs blood and treufure ; their avcrfion to the late Innovations ; their hor- ror of Arbitrary Power and the Romilh Religion, arc much deeper rooted than their dread of rude founds, and unmannerly language. They do not want the advice of an honeft Lawyer, (if fuch an one could be found,) nor will they be deceived by a difhoneft one. They know what oflence it is to afremblc armed, and forcibly ob^ flrudt the courfe of Juftice.— 'They have beeq many years confidering and enquiring ; they have been inftrudted by Minifterial Writers an4 their friends, in the nature of Treafon, and the confequences of their own principles and atftions, Tiicy know upon what hinge the whole difputc turns. That the fundamentals of the Govern- ment over them, are difputed ; that the Mini- fler prercndSj and had the influence to obtain the voice of the laft Parliament in his favour j that Parliament is the only Supreme, Sovereign, Abfolute, and Uuncontroulable Legiflative over ail the Colonies; that therefore the Minifter, and all his Advocates, will call Refiftance to ( ii ) Adls of Pnrliamcnt, by the names of Trcaf ■'*2 and Rebellion. But at the (iimc time, the;* know, that in their own opinions, nnd in the opinions of all the Colonies, Piirliainent has no authority over them, excepting to regulate their Trade ; and this not by any principle of Com- mon Law, but merely by the content of the Co- lonies, founded on the obvious neceflity of a Cafe, which was never in contemplation of that Law, nor provided for by it ; that therefore they have as good a right to charge that Miai- ftcr with Trealbn and Rebellion. For, if the Farliament has not a legal authority to over- turn their Conftitution, and fubjcdt them to fuch A<5ts as are lately pafxl-d, every man, who ac- cepts of any Commifllon, and takes any fteps to carry thofc Adts into execution, is guilty of overt A6ts of Treafon and Rebellion againll his Majefty, as much as if he Ihould take arms againft his troops, or attempt his facred life. They know that the refiibnce againll the Stamp A&, which was made throv;gh all America, was, in the opinion of the Minifter, High Treafon ; and that Brigadier Rugglos, and good Mr. O^den, pretended at the Congrefs at New York, to be of the fame mind, and have been held in utter contempt by the whole Continent ever iince ; bccaufe in their own opi- mion, that Refiftance was a noble ftand againft ,. Tyranny, I 1 t" ".' '\ 1 1 \ ■: I i H ) tyranny, and the only oppofition to it which rould have been effectual* That if the Ameri- can rcliftance to the Adt for dcftroying your Charter, and to the Refolves for arrefling per- fons here and fending them to England for trials is Treafon, the Lords and Commons, and the whole Nation, were Traitors at the Revolution* THfeY know that all America is united in fen- timent, and in the plan of opposition to the claims of Adminiftration and Parliament. The Junto in Bofton, with their little flocks of Ad- herents in the Country, are not worth taking into the account; and the Army and N*tvy^ though thefe are divided amongft themfelvcs^ are no part of America 2 In order to judge of this Union, they began at the commenccmeRt of the Difpute^ aiid run throuii,a the whole courfe of it. — At the time of the Stamp A(ft^ every Colony exprefled its fentiments by Re- folves of their AlTemblies ; and every one agreed that Parliament had no right to Tax the Colo* nies. The Houfe of Reprefentatives of the Mallachufet's Bay, then confifted of many per-* fons, who have lince figured as Friends to Go-* vernment ; yet every Member of that Houfe concurred moft chearfuUy in the Refolves theii pafled. The Congrefs, which met that year at i»Jew York, exprefled the fame opinion in their , Refolves- ( ^5 ) Refolves, afrer the Paint, Paper, and Tea AQ. was paflcd. The feveral Affemblies exprefled the fame fentiments, anJ when your Colony wrote the famous Circular Letter, notwith-^ (landing all the mandates and threats, and ca» joling of the Minifler and the feveral Governors. and all the Crown Officers through the Conti- nent, the Aflcmblies, with one voice, echoed their entire approbation of that Letter, and their applaufe to your Colony for fending it, — In the year 1768, when a non-importation was fug< gefled and planned, by a few Gentlemen at a private Club, in one of our large Towns, as foon as it was propofed to the Public, did it not fpread through the whole Continent ? — ^Was it not regarded like the Laws of the Medes and Perfians, in all the Colonies ? — When the Paint and Paper Adt was repealed, the Southern Co-^ lonies agreed to depart from the Affociation in ^y things, but the dutied Articles ; but they have kept ftridly to their Agreement againft importing them, fo that no Tea has been im- ported into any of them from Great Britain to this da). — In the year 1770, when a number of perfons were flaughtered in King-fcreet, Bofton, fuch was the brotherly fympathy of all the Co- lonies, Aieh their refentment againft an hoftile Adniiniftration, that the innocent blood then tV" " E fpilt. i i»i- « ( ^6 ) fpWt, has never been forgotten, nor the mur-i. derous Minifter and Governors, who brought the Troops here, forgiven by any part of the Continent, and never will be. — ^When a certain maflerly Statefrnan invented a Committee of Correfpondence in Bofton, did not every Colo-; ny, nay every Country, City, Hundred an4 Town upon tlie whole Continent, adopt the meafure — I had almoft faid, as if it had been a Revelation from above, as the happieft means of cementing the Union, and adting in concert ? What proofs of Union have been given fincc the laft March I Look over the Refolvesofthc feveral Colonies, and you will fee that one un- derftanding governs, one heart animates the Whole Body. Aflemblies, Conventions, Con- greffes. Towns, Cities, and private Clubs and Circles, have been aftuated by one great, wife, adtive, and noble fpirit, one maflerly foul, animating one vigorous body. I: The Congrefs at Philadelphia have expref- fed the fame fcntiments with the people of New England ; approved of the oppofition to the late innovations ; unajiimoufly advifed us to perfevere in it, and aflured us, that if force is attempted to carry thefe meafures againft us, ^U America ought to fupport us. Maryland and C 27 ) i'l V fend the X-ower Counties on Delaware, have already, to flievv to all the world their approba- tion of the meafures of New England, and their determination to join in them, with a genero- lity, a wifdoni and magnanimity, which ought to make the Tories confider, taken the power bf the Militia into the hands of the people, without the Governor ot Minifteri and efla- biifhed it, by their own authority, for the de- fence of the Maflachufets, as well as of thcni- felves. Other Colonies are only waiting, to fee if the neceffity of it will become more obvious. Virginia, and the Carolinas, are preparing for military defence, and have been for fome time. When we conrider the variety of climates, foils, religions, civil governments, commercial inte- refls, Gcc. which were reprefented at the Cori- grefs, and the various occupations, educations, and characters, of the Gentlemen wko compofed It; the harmony and unanimity which prevailed in it, can icarcely be paralelled in any aflem- bly that ever met. When we confider, that at the kevolution, fuch mighty queitions as. Whether the ^Throne was vacant or not ? And, Whether the Prince of Orange Ihould be King i)r not ^ were determined in the Convention Parliatnent, by fmall majorities of two or Three, ^nd four or five only; thp great ma* £ & joritipf. ( 28 ) li ^ • ■ Jorities, the almoft nnanimity with which all great queftions have been decided inyourHoufe of Reprefentatives, and other Aflemblics, and efpecially in the Continental Congrefs, cannot be confidered in any other light than as the happiefl omens ; indeed, as providential difpen- fations in our favour, as well as the cleareft de- monftrations of the cordial, firm, radical, and indiflbluble union of the Colonies. h, The grand aphorifn of the policy of the Whigs has been, to unite the people of Ameri- ca, and divide thofe of Great Britain. The re- verfe of this has been the maxim of the Tories, tiz. to unite the people of Great Britain, and divide thofe of America. AH the movements, marches, and counter-marches of both Parties, on both fides of the Atlantic, may be reduced to one or the other of thc^-^ kules.— I have ihewn that the people of America are united piore perfedtly than the mod fanguine Whig could ever have hoped, or than the moft timid Tory could have feared. Let us now examine whether the people of Great Britain are equal- ly united againft us. For, if the contending Countries were equally united, the profpedt of fuccefs in the Qiiarrel would depeaJ upon the comparative wifdom, firmnefs, flrength, and *■' ^ ^ '■ other (' ^9 )• otiier advantages of each other. And, if fitcli a'comparifon was made, it would not appear to a demonftration that Great Britain could fo ea- fily fubdue and conquer^ — 'It is not (o eafy a thing for the moft powerful State to cbnquer a Country a thoufand leagues off. — How many years time, how mar»- millions of money did it take, with five ami thirty thoufand men, to corr- quer the poor Province of Canada ? And after" all the battles and victories, it never would have fubmitted without a capitulation, which fecured to them their Religion and Properties* BcTT we know that the people of Great Bri- tain are not united againfl us.^— We diftinguiili between the Miniftfy, the Houfe of Commons, the Officers of the Army, Navy, Excife, Cuf- toms, &c. who are dependent on the Minifl:ry, and tempted, if not obliged, to echo their voices ; and the Body of the People. We are alfured by thoufands of Letters from perfons of good intelligence, that the Body of the People are Friends to America, and wifh us fuccefs in our ftruggles againfl: the ciaims of Parliament and Adminiftration. We know that millions in England and Scotland, will think it unrigh- teous, impolitic, and ruinous^ to make war upon ws. Wc'know that London i^nd Briftol, the - - two '* *.T l'il -i k t ii I'M I ( 30 ) Wo greateft Commercial Cities in the Eniprrci have declared themfelves in the moft decifivel manner, in favour of our Caufe : So explicitly, that the former has bound her Members under their hands to affift us ; and the latter has eho- fen two known Friends of America, one attach*- cd to us by principle, birthj and the moft ar- dent affeAion ; the other an able Advocate for us on feveral great occafions* We know that many of the moft virtuous and independent of the Nobility and Gentry are for us, and among .them, the beft Biftiop that adorns the Bench, as great a Judge as the Nation can boaft, and the greateft Statefman it ever faw. We know that ,the Nation is loaded with Debts and Taxes, by the folly and iniquity of its Minifters, and that without the Trade of America, it can neither long fupport its Fleet and Army, nor pay the intereft of its Debt. : '.. . %■ i ,> But we are told, that the Nation is now unit- ed againft us; that they hold they have a right to Tax us, and Legiilate for us, as firmly as we deny it. That we are a Part of the Britilh Em- pire ; that every State muft have an uncontroul- able power co-extenfive with the Empire ; that there is a little probability of ferving ourfdves by ingenious diftioftions bctweea external and i internal ( 31 ) internal Taxes. If we arc not a part of the State, and fubjedt to the fupreme authority of Parliament, Great Britain will make us fo; that, if this opportunity of reclaiming the Colo- nies is loft, they will be difmembered from the Empire ; and although they may continue their allegiance to the King, they will own none to the Imperial Crown. To all this I anfwer. That the Nation is not fo united — that they do not fo univerfally hold they have fuch a right ; and my reafons I have given before. That the terms, ** Britilh Em- pire," are not the language of the Common Law, but the language of News-papers and Political Pamphlets. That the Dominions of the King of Great Britain has no uncontroulable power co-extenfive with them — I would afk by what Law the Parliament has authority over Ameri- ca ? By the law of God, in the Old and New Teftament, it has none — By the Law of Nature and Nations, it has none — By the Common Law of England, it has none. For the Common Law, and the authority of Parliament founded on it, never extended beyond the four feas. — By Statute Law, it has none ; for no Statute was made before the fettlement of the Colonies, for this purpofe ; and the Declaratory A^ made & in li t<> N« Hi iilii ( 3^- y in 1 766, was made :vithout our confcnt, by a parliament which had no authority beyond the four Teas. What religious, moral, or political Obligation then are we under, to fubmit to Parliament as a Supreme Legiflative ? None gt all. — ^When it is faid, that if we are not fubf jcdt to the luprcme authority of Parliament, Great Britain will make us fo, all other Laws and Obligations arc given up, and recourfe is had to the Ratio ultima of Lewis XlVth, and the fuprema Lex of the King of Sardinia ; to the law of brickbats and cannon balls, which can |)e anfwered only by brickbats and balls. • This language, " The Imperial Crown of Great Britain," is not the ftile of the Common Law, but of Court Sycophants. It was introduced in allufion to the Roman Empire, and intended ^o infmuate,that the Prerogative of the Imperial Crown of England was like that of the Roman •Emperor, after the maxim was eftabliihcd, qued principi-plactiit Legis habetvigorem^ and lo far from including the two Houfes of Parlia- ment in the idea of this Imperial Crown, it was intended to infinuate that the Crown was abfo- lute, and had no need of Lords or Commons, to make or difpenfe with Laws.— -;Yet even thefe Court Sycophants, when driven Xfi an «xplaha> tion. % J. 4 ( 33 ) tiori, never clared to put any other fcnfe upoii the words Imperial Crown, than this, That the Crown of England was independent of France, Bpain, and all other Kings and States in the worldi ' , > . . • »■' JV , t When Minifterlal Writers fay. That the King's Dominions muft have an uncontroulable Power, co-extenlive with them, I aflc whether they have fueh a Power or not ? And utterly de- iiy that they have by any Law, but that of Lewis the XlVth, and the King of Sardinia.-^If they have hot, and it is neceflary that they fliould have, it then follows, that there is a Defedt in what he calls the Britifh Empire : And how ihall this Defedt be fupplied ? — It cannot be fupplied conliflently with reafon, juftice, poli^ ty, morality, or humanity, without the confent t)f the Colonies, and fome new plan of connec- • — is not a Military Government put over us ? Is not our Conflitution demolilhed to the foun- dation ? — Have not the Minillry Ihewn, by the Quebec Bill, that we have no fecurity againft them for our Religion, any more than our Pro- perty, if we once fubniit to the unlimited claims of Parliament ? — But this is fo grofs an attempt to impofe on the moft ignorant of the people, that it is a Ihame to anfwei it, , Objla Trincipiis*-^^\^ the ihoots of Arbitrary Power in the bud, is the only maxim which can ever preferve the Liberties of any People.-— When the People give way, their deceivers, be- trayers, and deftroyers, prefs upon them fo fall, that there is no refifting afterv^ards. — The na- ture of the encroachment upon the American Conflitution is fuch, as to grow more and more encroaching. Like a cancer, it eats fafter and fafter every hour.^-The Revenue creates Pen- fioners. !l ( 40 ) iibnerS, atad the Pcafioners urge for more feevc* hue. The people grow lefs fteady, Ipirited, and virtuous, and the feekers more numerous and more corrupt, and every day increafes the cir- cles of their Dependants and Expedtants, until Virtue, integrity, public fpirit, (impliclty, fru-» gality, become the objeds of ridicule and fcorn i and vanity, luxury, foppery, felfiihnefs, mean* tiefs, and downright venality, fwallow up the whole focisty. elf i 'V ' fl '^ irtiiE ■ pfefeht tslamity feertis fo be nothing more nor lefs, than reviving the plans of Mr* "Berhard and the Junto. Surely this Party are, fend have been, rather unpopular. — -The popular l*arty did not write Bernard's Letters, who fo long ago preffed for the demolition of all the^ Charters upon thfe Continent:, and a PatliamC'fi- tary Taxation, tofupport Government, and th^ Adminiftration of Juftice in America. — The po- "pular Party did not Write Oliver's Letters, who inforces Bernard's plans ; nor Hutchinfon's, who pleads with all his eloquence and pjit'hos for J* ^diamentary Penalties, Mitiifterial Vengeance, and an Abridgement of Englifh Liberties. -ii. , '"There is not in human nature a more won- derful phsenomenon, norinthe whole theory of it 'a more in^.ricate fpetulation, than the ihiftings^ ^"* turnings^ ( 41 ) furningSj windings, dnd evafions of a guilty confcience« The ftill ridiculous attempts of the Tories^ to throw off the blame of our calamities from themfeives to the Whigs, remihd me of the ftory in the Old Teftament :-^When Jofeph's brethren had fold him to the Ifhmaelites for twenty pieces of iilver, in order to conceal their own avarice, malice, and envy, they dip the coat of many colours in the blood of a kidj and fay that an evil bead had rent him in pieces and devoured him. ' >: . «■ '' ' :r. !''■ ;l ' ;/ : HoWEVEft, what the fans 6f Ifrael iiifehded for ruin to Jofeph, proved the falvation of the family j and I hope and believe that the Whigi will have the magnanimity^ like him, to fup- prefs their refentment, and the felicity of faving their ungrateful brothers. vl'^o •^U Th^re was never any pretence of raifing i Revenue in America before the clofe of thc^ war J and when the claim Was firft fet up, it gave an alarm, like i warlike expedition againft us. True it is, th?t fome duties had been laid be- fore by Parliament, under pretence of regu- lating our trade, and b} a collufion and com- G bination. ( 4* ) I ■:, M f1« ,1 R to'ation, between the Weit-India Planters aixf the North-American Governors, fome y-ears be- fore, duties had been laid upon molafTcs, &c. tinder t"he fame pretence, but in reality merely to advance the value of the eftates of the Plant-' ers in the Weft-India Iflands, and to put forne' p>lundcr, under the name of Thirds of Seizures,, into the pockets of the Governors.-^But thefe duties, tliough more had been collected in this- Province than in any other in proportion, were n^ver regularly cdilefted in any of the Colo- hies. So ; vhe idea of an American Reve- nue, for one y arpofe or another,- had never, at this time, been formed in American minds^ But the Minillerial Writers fay, ** She, Great ;" Britain, thought it as reafonable that the Co- ;** Ionics fliould bear part of the national bur- f* then, as- that they Ihould llmre in th\; na- '** tional benefit^"' . :. . ■ i',-ji''^h' , ■>r<' tJpoN this fubjecft Americans have a great dea? fo^fay*— -The National Debt,: befor-e the laft war, was near an hundred millions^ Surely America had no-fliare in running into that debt. Where is the reafon then that flie Ihould pay It ?— But a fmall part of the fixty millions fpent in the laft war was for her benefit. Did not flie bear her fullfhare of the burdeo-of tlie laft war .■..:.,-. -. ' "iff ( 43 ) »D America?— rDid not this Province pay twelve iliilllngs in tue pound in taxes, for the fiipport of it ; and fend a fixth or feventh part of her fons into a<^ual fervice; and, at the conclufion of the war, was flic not left half a million fterling in debt ? Did not all the reft of New-England exert itfelf in proportion? What is the reafo^ that the Malfachufets has paid its debt, and the Britil'.i Minifler, in fourteen years of peace, has paid fo little of his ? — Much of it might have been paid iu this time, had not fuch ex- travagance and peculation prevailed, as ought to be an eternal warning to America, never to truft fuch a Minifter with her money. What is the reafon that the great and neceflary vir- tues of limplicity^ frugality, and oeconoray, cannot live in England, Scotland and Ireland, as well as in America ? •,. . . We have much more to fay ftill. Great Bri» tain has confined all our trade to herfelf.— We are willing flie fliould, as far as it can be for the good of the Empire. But we fay that we ought to be allowed as credit, in the account of pub- lic burdens and expences, fo much paid in taxes, as we are obliged to fell our commodi- ties to her cheaper than we could get for them at foreign markets. This difference is really a '^ G z tax ( 44 ) *i tax upon us, for the good of the Empire.^— We arc obliged to take from Great Britain, commodities that we could purchafc cheaper clfewhere. This difference is a tax upon us, for the good of the Empire. We fubmit to this chearfully, but iniift that wc ought to have credit for it, in the account of the expences of the Empire, becaufe it is really a tax upon us, -^Another thing. I will venture a bold afler- tion : The three million Americans, by the tax aforefaid, upon what they are obliged to export to Great Britain only, what they are obliged to import from Great Britain only, and the quantities of Britilh manufactures, which in thefe climates they are obliged to confume, more than the like nu luer of people in any part of the three kingdoms, ultimately pay more of the taxes and duties that are appa* rently paid in Great Britain, than any three mil- lion fubjedts in the three kingdoms* — All this may be computed, and reduced tp ftubbor^i figures by the Minifter, if he pleafes. We can- not do it. We have not the accounts, records, ^c.r — ^Now let this account be fairly ftated, and I will engage for America, upon any penalty, that Ihe will pay the overplus, if any, in her own conftitutional way, provided it is to be applied for national purpofes, as paying ofFtl\e National ^ \j V If IF ( 45 ) National Debt, maintaining the Fleet, &c. not to the fupport of a Standing Army in time of peace, Placemen and Penfioners, &c. Besides, every farthing of expence which has been incurred, on pretence of protefting, defending, and fecuring America, lince the lad war, has been worfe than thrown away j it has been applied to do mifchief. — Keeping an army in America, h^s been nothing but a public nuifance. Furthermore, we fee that all the public money that is raifed here, and have reafon to believe all that will or can be raifed, will be applied not for public purpofes, national or provincial, but merely to corrupt the fons of America, and create a fadtion to deftroy its in- tercfl and happinefs, . .■ . • The authority of Parliament was never ge- nerally acknowledged in America, — More than a century lince, the MaiTachufet's and Virgi- nia both protefted againft even the Ad: of Navigation; and refufed obedience, for this very reafon, becaufe they were not reprefented in Parliament, and were therefore not bound p— and afterwards confirmed it by their own Provincial C 46 ) Provincial Autliority. And from that time t J this, the gtritral fcnfe of the Colonics has ' .-n, that the authoiity of Parliainei>t was confined to the regulation of trade, and did not extend to taxation or internal legilla- tion. f| P,l' i^.i ' % u But it has been faid, Adls of Parliament for regulating our internal polity were fami- Har, — This I deny. So far othcrwife, that the Hatter's Ad: was never regarded-^the Adt to deflroy the Land Bank Scheme, raifed a greater ferment in this Province than the Stamp A&. did, which was appeafed only by pafiing Provincial Laws diredlly in oppofition to it. — 'The Aft againft Slitting Mills, and Tilt-hammers, never was executed here. — - As to the Poflage, it was fo iifcful a regu- lation, fo few perfons paid it, and they found futh a benefit by it, that little oppofition was made to it ; yet every man who thought about it, called it an ufurpation. Duties for regulat- ing Trade we paid, becaufe we thought it jufl and neceflary that they fhould regulate the Trade which their power proted:ed. As for Puties for a Revenue, none were ever laid by Parliaaient for that purpofe until 1764, when, '•■ '■ ' -'• " "■'''■'■ ■'■ ■' ■ ■ ' '■ and ( 47 ") and ever fincc, its authority to do It has beeii conftantly denied. ■ - <. ' ' '■■' There is ambiguity in the word Subordina- tion. The Whigs acknowledge a Subor lina- tion to the King, in as ftridt and ftrong a fenfe as the Tories. The Whigs acknowledge a vo- luntary Subordination to Parliament, as far as the regulation of Trade. What degree of Sub- ordination, then, do the Tories acknowledge an abfolute dependance upon Parliament, as their Supreme Legiflative, in all cafes whatfoever, in their internal polity as well as taxation ? This would be too grofs ; for there is nobody here who will expofe his underllanding fo muck as explicitly to adopt fuch a fcntiment. ( • ' f '■i-i €( The Whigs were fcnfible that there was *' no oppreflion that could be feen or felt." The Tories have fo often liiid and wrote this to one another, that I ibmctimes fufpe Will an Ail'» ( 60 thty IkuI been unanimous, have Inducctl fub^ jnifTion. The People would have fpurned them all, for they arc not to be wheedled out of their Liberties by their own reprereniutives, niiy more than by (Irangers. ** If he wrote *' to Government at home to flrengihcn his *^ hands, fomc officious pcrfons procured and *' fent back his Icucrs." At laft it feems to be acluiowledged, that the Governor did write for a military force, t( ftrengthen Government. For what ? To enable it to inlWcc Stamp Ads, Tea Ad:s, and other internal regulations, the authority of which the People were determined never to acknowledge. ... \ But what a pity it was, that thcfe worthy Gentlemen could not be allowed, from the deareft affcdtion to their native country, to which they had every poflible attachment, to go on in profound confidential fecrecy, prq-r ,- curing troops to cut our throats, Ad:s of Par-f^y liament to drain our purfes, deftroy our ^ Charters and Aflembiies, getting eftates and dignities for themfelves and their own families, and all the while moll devoutly profefling to be friends to our Charter, enemies to parlia-^j mentary taxation, and to all penfions, without being dctcdcd ! How happy ! If they could have m\ have annihilated all our Charters, and yet hnvo "been beloved, nay deified by the People, as friends and advocates for th<.'ir Charters. What iiiaftcrly Politicians ! To have made thcnirelvca Nobles for life, and yet have been thou['^ht Very forry that the two Houfes were dcpri\ td of the privilege of chnfing the Council, l^low fagacious, to get large pcnfions for thcmfelvcs, and yet be thought to mourn, that pcnfions and venality were introduced into the country ! How fweet and pleafant ! To have been the mod popular men in the community, for being ftaunch and zealous DifTcnters, true-blue Cal- vinifts, and able advocates for public virtue and popular government, after they had in- troduced an American Epifcopatc, univcrfal corruption among the leading men, and de- prived the People of all lliarc in their Supreme Legiflative Council ! I mention an Epifcopate ; for although I do not know that Governors tlutchinfon and Oliver ever diredtly folicited for Biihops, yet they muft have fcen, that thefe would have been one effed very foon, of eftablifliing the unlimited authority of Par* iiament. ^ ' \ f . ♦- ' -. 1 V ' ■ I AGREE, that it was not the perfons of Ber- ^nard, Hutchinfon, or Oliver, that made them obnoxious, but their principles and pradiices. And i. n ( 64 ) And I will agree, that if Chatham, Camden^ and St Afaph, (I beg pardon for introducing thcfe revered names into fuch company, and for making a fiipj)ofition which is abfurd) had been here, and profecuted fuch fchemes, they ■would have met with contempt and execration from this People. But, when it is faid, " That *' had the intimations in thofe Letters been at* ** tended to, we had now been as happy a *' People as go^ d Government could make us;'* ** it is too grofs to make us angry. We can do nothing but fmile. — Have not thcfe intimations been attended to ? Have not fleets and armies been fent here, whenever they were requcfted ^ Have not Governors, Lieutenant-Governors, Secretaries, Judges, Attorney-Generals, and Solicitor-Generals falaries, been paid out of the revenues as they folicited ? Have not taxes been laid and continued *' Have not Englifh Liberties been abridged as Hutchinfon defiicd } Have not ** penalties of another kind" been inflid:ed, as he defired ? Has not our Charter been deftroyed, and the Codicil put into the King's hands, as Bernard requcfted ? — In ihort, almoft all the wild pranks of this defperate Triumvirate have been attended to and adopt- ed, and we are now as miferabie as tyranny can make us* T«At ,. ^ ( is ) r TRAt Mr. Hutchlnfon wad amiable atid t%» emphry in fome refpedi, and very unamiablc and tinexcmplary in others, is a certain crUth ; otheN wife he never would have retained fo much po* pularity on the one hand) nor made To perni- cious a ufc of it on the othen His behaviour, in f^veral important departments, was with abi- lity and integrity, in ca^:s which did not affe^b his political fyflcm 3 but he bent all his offices to that. Had he continued ftcdfaft to thofe Principles in Religion and Government^ which in his former life he profefled^ and which alone had procured him the confidence of the People^ And all his Importance, he would have Hved and as a reproach to the Province that gave him birth, as a man who by all his actions aimed at making himfelf great, at the expence of the Liberties of his native country *-«This Gentleman was open to flattery in io remark- able a degree, that anv man who would flatter hiu was fure of his friendihip^ and drety one who WOUI4 ftoc was fure of his enmity iif*<-He ".(ua ^ K was I) i m 'i. > j|ras-cf€«l,tnfot^s, In a ri^ipul^o^vs d^gt^y of tttry iJjing that (i^y^ured his o^ypjpl^ns; an/d Cji^vi^Hf incredulous of every thi;3g >yhieh made" sg^inifc jth^m.— riyia ijj^tural abi-lfit^es, .which hav^ been greatly ^CXfg^^j'jrated by pi?r(gijs whom h?e had ^vanjged fo p^Mver, were far from being erf f^hje firft rat^.'— HJ!* i.ncKiftry Was prodigious.— His IciTipwkdgjs i^y chiefly in tjjue l^ws, and poiitjcs, gnd hiftoxy of this Pivvinc€y iit which he l^ad a ioug expi?rier,cer Yet with ail his sidv^atages, ^e nev^r was maftcr of tbe Unc pharaifter ©f his Active country, not ev^n of New England and |;he MalTackufets Bay^^r-Throygh the whole i-rpubkfcme period iince tlie laft war, he manw feiWy m>ftock the temper, principles, and opi* l^ions of this People. He had refolved upon a fiyfiem, and never could'of would fee |:h« im;* pra^icability of it* .: ,; ... ' ■ '' • . 4 '.. .■ ., A tw-u"!^, , .* */i * ^1,1 .«»»■< . I >j -■ ■•;i I r , : 1 ►lIt iS'Tcry triie that allhis sibtlmes, virtues, kitercjfts, aad connedion^,. were jniufiicient ; but for what ? Ta prevail on. the People to ^cquicfce k the mighty claim of Parliamentary Autho- rity js-r— The Coiiftitution wa^ i^ot gone*. The fuggedion th^ it.was, i»-a vUe iknder. It had as much vigour as ever,iand even the Governor had as much power as ever, eiocepting in cafef ivmch affieiSked that claim.rr*'* oThe fptrit," :&y the M\wfi:€iial Wdte*:s^ i"^»»s;itculy .iscpi^bli- «.7 ' «!.% can» « «>■ y) ** can:/' It was not fo, in iiny one' caie"wlraf^ €ver, any farther than the fpirit of the Britifh* Conllitution is rcpublican.-^Even in the grand fundamental Difpntc', the People arrangedrhem- fclves under their Houfe of Rcprcfehtatives and Council, with a^ rmuch order as evef, and coni»' duded their oppoftti-Tln as rauch by th-e ConftW idition as evcr^ \x, \i' true, their Conftitijitioi^ was cmpioyed ag?iiiift'th« meafuiesof tki; Jauto,' which cr£ated their ecnrity' to it.— ^-However, JD' have ntixtfucJi aw horror of a rbpublicaa fpirit,^ which 16 a' fpirit of true virtue,' iand honcfl in*' idepeJSideiTce; I donpt mean on tht^King, but oi> Men in "^PoweT^ This fpirit is f6 far from' being* ancottipadble with the Bf itifh Goniftittmion^ that it is^ ttlie ^eltcft giioGf y of it; and-th'e Nation has* jdways been molt yrofperou3 wbjcai it 'has' mofb f>r6vaiW, afid- beenf mod encouraged by the^ Crowii, I wilh it inpreafcd in every part of the world, efpcci!ally in America; and -r think tii«i meaftnes the Tories are now purfuinjg, will in#» creafc it to a degree that wilT infiare-'us^ in tlie end R.edrefff of Grievances, and ahohappy E.6»«t ^conciliation with' Great Britain rhi.r.v /uoq 1 ** GJovEKNOR' Hiitdiisifoh,*' vft 2sd told^ **.ilpove to convince ua, by the ptiiiciples o£ ** Government, our Charters, and Acknowledge SiU K 2 *J ments-^ 'k I ■! .It] ( 6? ) f* ments, that our Claims were inconfiftent with *^ the Subordination due to Great Britain.*. Suffer me to introduce here a little Hiftory. In 1764, when the Syftem of taxing and new modelling the Colonies was firft apprehended. Lieutenant Grovemor Hutchinfon*s friends ftrugt gled in feveral fucceflive Seffions of the General Court, to get him chofen Agent for the Pro- vince at the Court of Great Britain. At this time he declared freely, " That he was of the fame *f fentiment with the People, that Parliament 'f had no right to tax them ; but differed from *^ the Country Party only in his opinion of the *^ policy of denying that Right in their Peti- ** tions, &c/^ — ^I would not injure him ; I was told this by three Gentlemen who were of the Committee of both Houfes to prepare that Pe- tition, that he made this declaration explicitly before tjiat Committee. I have been tcjjd by other Gentlemen, that he made the fame declar xation to them. It is poiiible that he might make ufe of exprefiions ftudied for the pur<^' pofe, which would not ftridkly bear this couii Urudion. But it is certain, that they under- wood him fo, and that this was the geneta^ opinion of hv^ fentimepts until he came to thcf ^hair»-t-Uyi;iii. ;.:.;.: .; . :.:/: .:....• .;;<; ^ ». '■I 1 w '<~i >• T)tt« ( «9 ) The Country Party favv that this afpiring ge- plus aimed at keeping fair with the Miniftry, by fupporting their meafures ; and with the Peo- ple, by pretending to be of our principles ; and between both to trim himfelf up to the Chair, The only reafon why he did not obtain an elec- tion at one time, and was excufed from the fer- vjce at another, after he had been chofen by a fmall Majority, was, becaufe the Members knew he would not openly deny the right, and aflurc his Majefty, the Parliament, and Miniftry, that the People never would fubmit to it. For the fame reafon he was left out of Council. But he continued to cultivate hla popularity, and to maintain a general opinion atnong the People, tjiat he denied the right in his private judgment; and this idea preferved moil pf thofe who con- tinued their efteem for him, st ';i-. nu'- ..•«■ r -But upon Bernard^ removal, and hlif taking the Chair as Lieutenant Governor, he had no further expeftations from the People, nor complaifance for their opinions. In one of his firft fpeeches he took care to advance the Supreme Authority of rarliament. This afto- nilhed many of his friends. They were heard to fay, ** We have been deceived. We thought he had been abufed^ but we ^^owfind what has . .. been li ' I i^ P ! It ; (.70 )) bccB Taid (yi hirti is true. He is determined to join in ch" tirfighs againft this coUntry."— *Aftef ,. his prortiotion to the Governmenti finding that^ the People had little cottfidencd in hinr, aacj: Shewing that he had no intcreft at hoirjt to fup^ port him, but what he had stcquired by joinnTgi with Bernard, he determined to ftrike a boidf. ftroke^ and, la a fbf mal fpeech to both Houftcs^ ' beconfte a ChalripiOn for the unbounded Autho* rity of Parliarrteftt over the Colonies; This her thought would lay the Miniftry under an; obK^ gatjon t0 fupport hirt^ ii^ the Gorcirmneiity of elfe to provide for him out of it ; nbt eonfidcr- 3Bg, that {latihg that queiliori hufore tkat Af^ • fenibly, and ca^lmg upon: thctii as' he diditddtf- pute with him upo& itj was fcattei'in^^rebrands^i arrows^, ; and dcathy irrfporr^ivlor] M'ibi ud: hn*: The Houfe thus called upon, either to ac« knowledge the unlimitftji Authtority of PsTHa^ metit, or confute hi$ afgfuments^,; wer^ bisoainkii by their duty to God, their Goantry anfl'Poftew! rity, to give him a full dnd C3i:plitcit aqfwer.-'-*! They proved inconteftibjy, that he was out inr his fa>»« ; /'W •' < .rrm •'J,n VfAi IW.-s ,' • We are then told " that DifafFe - We are next conduced into the Superior Court, and informed " that the Judges were ^ dependent «n the annual grants pf the Ge- fiXil •* neral ( 7* ) II Ih «'l ; • *' neral Court ; tliat their falarics were fniall irt • •* proportion to the falaries of other Officers of , ** lefs importance ; that they dften petitioned ** the Affembly to enlarge them, without fuc- '* cefs, and were reminded of their depend- '* ence ; that they remained unfhaken artiid the *' raging tempefls, which is to be attributed • ** rather to their firmnefs than fituation/* : That the falaries Were fmall, muft be allowed; but not fmaller in proportion than thofe of other Officers* All falaries in this Province have been ^ fmalU It has been the policy of the country to keep them fo ; not fo much from a fpirit of parfimony, as an opinion, that the fervice of the Public ought to be an honotary, rather than a •lucrative employment; and that the great men ought to be obliged to fet examples of fimpli* city and frugality before the People, {; .^ii..- ^> 4.y '^' t r ^AJ.. .'* Jf-f *»V^,^.«» But if we confider things maturely, and make allowance for all circumflances, I think the country may be vindicated. This Province, during the lafl war, had fuch overbearing bur- dens upon it, that it was neceffitated to eco- nomy in every thing. At the peace Ihc was half a million flerling in debt. She thoughjt it the bcil policy, to get out of debt before fhe yaifcd . ' th© It e ( 73 ) the wages of her fervants, arid If Great firitairt had thought as wifely^ ihe would not now have had one hundred and fdrty millions to pay, and ihe would never have thought of taxing America; Low as the wages were, it was found that Urherievet a vacancy happened, the place wa« fdlicited with much roore anxiety and zeal thart- the kingddm of Heaven; ANdtrtER caiife whith had its etteA wai tills : The JvldgeS of that Court had alriloft al- ways enjoyed fdme other office; At the time of the Stamp Adtj the Chief Juftifce was Lieutenant Governdr, which yielded him a profit j and a Judge of Prdbate for the County of Stiffblk^ which yielded him atidther prdfit ; and a Cduri- felldr^ which, if it was ndt very ptofitable^ gave hiiii an dppdrturiity of promoting his family and friehds to other profitable dffices ; an Opportunity which the country faw he moft religiouily improved. Andther Juflice of this Court was a Judge of Admiralty ; and another •was Judge of Probate for the County of Ply- tnouthi The People thought, therefore, that as their time was not wholly taken up by their Offices^ as Judges of the Superior Court, there L ' was !:1 ( 74 ) was ho rcafon why they (hould be paid as mucli as if it had been. '. . * ^ ■ ' - Another rcafon was this : Thofc Juftlccs had not been bred to the Bar, but taken from Mcr- chandizc^^ufbandry, and other occupations f had been at no great ex pence for education or libraries; and therefore the People thought that equity did not demand large falarics, ; ir , Whether all thefe arguments were fufficicnt to vindfcate the People for not enlarging their faiaries, 1 fliall leave to you, my friends, whofc right it is, to judge. — But that the Judges pe- titioned " often" to the Aflembly, I don't re- member. I knew it was fufpedted by many, and confidently affirmed by fome, that Judge RufTell carried home with him in 1766, a Pe- tition to his Majefty, fubfcribcd by himlelf and Chief Juflice Hutchinfon at leafl, praying his Majefty to take the payment of the Judges into his own hands; and that this Petition, together with the felicitations of Governor Bernard, and others, had the fuccefs to pro- cure the Adt of Parliament, to enable his Ma* jefty to appropriate the Revenue to the fupporf of the Adminiftration of Juflice, &c. from whence a great part of the prcfcnt calamities of' Amerifiat. have flowed. That ! ( 75 ) That the high Whigs took care to get them- fclves chofen of the Grand Juries, I do not believe. Nine tenths of the People were nigh Whigs ; and therefore it was not eafy to get a Grand Jury without nine Whigs in ten in it. And the matter would not be much mended by the new Adt of Parliament. The Sheriff muft return the fame fetofjuror*^, Court after Court, or elfe his Juries would be nine tenths of them high Whigs ftill. — Indeed the Tories are fo en- venomed with malice, envy, rage, and difap- pointed ambition, that they would be willing, for what I know, to be Jurors for life, in order to give verdidts againft the Whigs. — And many of them would readily do it, I doubt not, without any other law or evidence, than what they found in their own breads. The foggeftion ©f Legerdemain, in drawing the names .of Petit Jurors out of the box, is fcaa- dalous. Human wifdom cannot devife a fiiothod of obtaining Petit Jurors more fairiy, and better fecured againfl a poffibility of cor- ruption of any kind, than that eftablilhed by our Provincial Law. They were drawn by chance out of a box, in open Town Meeting, to >vhich the Tories went, or might have gone, as well as the Whigs, and have feen, with their own eyes, that nothing unfair ever did or could take ^ l^.ce. If the Jurors confided of L 2 Whigs, ( 76 ) Whigs, it was ViccaiTfc rhc Freeholder? were \V»Aig3 ; that IS, honcU men. K ** The Judges pointed put fcditious libels, " on Governors, Magiftratcs, and the whole f* GovernniCnt, to no efFedt, They did fo» f* ■ — Bur the Jiaori thought fqme of thcfeno f libels, but Iblcmn truths. At one trmCr I *' have heard that all the news-papers for fcve- ^' ral years, the Maflachufets Gazette, Mafla- ** chufets Spy, &c. were laid before a Grand f ^ Jury at once. The Jurors thought there were •* multitudes of libels written Hy the Tories, f* and they did npt know v^ j they fhould " attack if they prefented them ; perhaps f Governor Bernard, Lieutenant Governor *' Hutchinfon, Secretary Oliver— poffibly the ** Attorney General .---They faw fo many dif*; f ficulties— they knew not what to do. ^' We are told, the Whi^s once flattered " themfelves they Ihould be able to divide the f' Province |3etween them," I fuppofe it is meant, that they Ihould be able to get the honourable and lucrative Offices of the Province into their hands. If this was true, they would vv chargeable with only defigning what the Tories have adhially done; with this difference," that the Whigs would have done it by faving the ( 77 ) the Liberties and the Conftltmion of the Pro- vince — whereas the Tories hayc done it bv the dcftrudtion of both. " ' With regard to the Tea, the cafe is Ihortly this : The Eaft-India Company, by their Con- tradV with Government, in their Charter and Statute, are bound, in confideration of their important profitable privileges, to pay to the public Treafury a revenue, annually, of four hundred thoufand pounds llerling, fo long as they pan hold up their dividends at twelve per fcent. and np longer. The miftaken policy pf the Miniftry, In ob- flinately perfifting in their claim of Right to Tax America, and refufing to repeal the duty on tea, with thofe on glafs, paper, and paint, had induced all America, except a few Merchants in Bofton, mofl of whom were clofely corneft* ed with the Junto, to refufe to import ten from Great Britain ; the confcquence of which was a kind of flagnation in the affairs of the Company, and an immenfe accumulation of tea in their ftores, which they could not fell. This, among other caufes, contributed to affedt their ^redit, and their dividends were on the point of falling below twelve per cent, and confe- gUfcntly the Government was upon the point of lofing 1' I u ii ■ ( 78 ) 1(31111^'; 400,000!. /Icrling a vf ar of rcvf nuf ,— The Company Solicited the Miniftry to take off the duty in America ; but they adhcrcin^ to thi ir plan oi Taxing the Colonics, and eftabliili- ing a precedent, framed an A«ft to enable the Company to fend their tea dircdtly to America, This was admired as a mafter-piece of policy. It vyasi thought they would acconiplifli four great piirpofes at once ; eftablifli their prcr cedent of taxing America; raifcalargc revenue there by the duties ; fave the credit of the Company^ and the 400,900!. to the Govern- ment. The Company, however, were fo little plcaicd with this, that there were great debates among tlic Diredtors, whether they fliould rifque it, which were finally determined by a majority of one only, and that one the Chair- man ; being unwilling, it is faid, to interfere in the difpute between the Minifler and the Co- lonics, and uncertain what the rcfult would be ; and thi$ fmall majority was not obtained, as it is faid, until a fufficient intimation wa^ given that the Company ftiould not be lofcrs. When thefe defign$ were made known, it appeared, that American Politicians were not to be deceived \ that their fight was as quick and clear as the Minifter's ; antl that they were as ftcady to their urpofe, as he was to his. This ( 79 ) This was thought by all the Colonies to In the precifc |>oint of time when it became ab* folutcly ncccflary to make a ftaml. If the tea fhould be landed, it would be fold ; if fold, the duties would amount to a large fum, which would be inftantly applied to increafc the friends and advocates for more duties, and to divide the People ; and the Company would get fuch a footing, that no oppofitlon after- wards could ever be efrc'(5lual. And as foon af the duties on tea Ihould be eflablilhcd, they would be ranked among Poll-oftice fees, and other precedents, and ufed as arguments both of the right and expediency of laying on others, perhaps on all the ncceilarles, as well SIS conveniences and luxuries of life. The whole Continent was united in the fentiment, tha'. all oppofition to parliamentary taxation mull be given up for ever, if this critical mo- ment was neglected. Accordingly, New-York and Philadelphia determined that the fhips Ihould be fent back ; and Charleftown, that the tea Ihould be ftored and locked up ; — this v/as attended with no danger in that city, bccaufc they arc fully united in fentiment and affection, and have no Junto to perplex them. Bofton was under great dift'culties. — The Confignec^s at New-York and Piiladelphia molt readily rt^figncd. — The Confignces at Bofton, the chil- . . J dren, ( 8o ) f. f! ! I ; P tlren, coufins, and moft intimate connexions of Governor Hutchinfonj rcfufed. I am very forry that I €arnot ftira fmgle ftep in develop- ing the caufes of my rountry*s miferies, with- out flumbling upon this Gentleman. But fo it isi From the near relation, arid fhofi: intimate connedlion of the Cdnfignees with him, there is great caufe of je^Ioufy, if hot a violent prc- fumption, that he was at the bottom of all this bufinefs ; that he had planned it, in hts Con- fidential Letters with Bernard, and both of them joined in fuggefting and recommending it to' the MIniftry. V/'thbut this ftippofitioni it is difficult lo account for the obftinacy with which the Confignees refufcd to refign, and thd Governor to let the veiiel go. However this might be, Bofton is the only place upon the Continent, perhaps in the world. Which eVef breeds a fpecies of Mifanthropos, who will pcrfift in their fchemes for their private intercity witii fuch obltinacy, in oppcfation to the public good ; difoblige all their fellow citizens for a little pelf; and make themfelves odious and infamous, when they might be refpcdtefl »nd cfteemed. It muft be faid, however, ir^ vindication cf the Tmvn, that this bi'eed if fpawucd chiefly by the Junto — The Configrtees would not rcfign; the Cuflom-houfe reftifcd clearances ; Governor Hutchinfon refufed paflej by ( 8i ) • ' • r by the Caftle. The qutftion then was, with many, whether the Governor, Officers and Confignees fhduld be compelled to fend the ihips hence ? An army and navy was at hand, and bloodfhed was apprehended. At laft, when the Continent as well as the Town and Province, were waiting the iflue of this deli* beration with the utmoft anxiety, a number of perfons, in the night, put them out of fufpenfe, by an oblation to Neptune. ♦ r f '-' •* The revenue was not the coniideration '* before Parliament." Let who will it. But if it was not, the danger to America was the fame. I take no notice of the idea of a mono- poly. If it had been only a monopoly (though in this light it would have been a grievance) It would not have excited, nor in the opinion of any one, juflified the flep that was taken. Ic was an attack upon a fundamental principle of the Conftitution, and upon that fuppofition was refifted, after multitudes of petitions tc no purpole ; and becaufe there was no tribunal in the Conflitution, from whence redrefs could have been obtained. ■ All men are convinced that it was imprac- ticable to return the tea, and rendered fo hy Mr, Hutch in Ton and the Bollon Confignees. M WhcthiT ( 8* ) Whether to have flored it would have anfwered the end, or been a Icfs mifchief than drowning it, I Ihall leave to the judgment of the Public. The other Colonies, it feems, have no fcruples about it ; for we find that whenever tea arrives in any of them, whether from the Eaft India Company, or any other quarter, it never fails to ihare the fate of that in Bofton. All men will agree, that fuch fteps ought not to be taken, but in cafes of abfolute neceflity, and that fuch ncccffity muft be very clear. But n«oft people in America now think, the deftruftion of the Bolvon tea was abfolutely neceffary, and there-; fore right and juft. It is very true, they fay^ if the whole People had been united in fenti* ment; and equally liable in their refolution, not to buy or drink it, there might have been a reafon for preferving it; but the People here were not fo virtuous or To happy. The Britifh Miniflry had plundered the People by illegal taxes, and applied the money in falarlcs and penfions, by which devices they had infidiouily attached to their party, no inconfiderable num- ber of perfons, fome of whom wei'^ of family, fortune, and influence, though many of them wereof defperate fortunes; each of whom, how- ever, had his circle of friends, cc ine(^ions and dependants, who were determined to drink tea, both as evidenceof their fervility to Adminiflra- tion, tion, and their contempt and hatred of the People. Thefe it was impoffible to rcftrain without violence, perhaps bloodfhed ; certainly without hazarding more than the tea was worth. To this tribe of the wicked^ they fay, muft be added another, perhaps more nu- merous, of the weak, who never could be brought to think of the confequences of their ad:ions, but would gratify their appetites, if they could come at the means. What num- bers are there in every Community, who have no providence or prudence in their private affairs, but will go on indulging the prefenc appetite, prejudice or pafiion, to the ruin of their eftates and families, as well as their own health and charad:ers ! How much larger is the number of thofe who have no forcfight for the Public, or confideration of the freedom of poflerity ! Such an abflinence from the tea, as would have avoided the eftablifhment of a pre- cedent, depended on the unanimity of the People — 'a felicity that was unattainable. Muft the wife, the virtuous, and worthy part of the Community, who conftituted a very great ma- jority, furrender their liberty, and involve their pofterity in mifery, in complaifance to a de- teftable, though fmall party of knaves, and t defpicable, though more numerous company of fools ? M2 If h "'1 J: ( »4 ) If Bofton could have been treated like other places,-r-like New-York and Philadelphia, th^ tea might have gone home from thence as it did jfrom thofe cities.-^That inveterate, dcf- perate Junto, to whom we owp ^11 Qur ^alamir tie?, were determined to hurt us in this, as in ^11 othcf cafes, as much as they could. It is to \>e hopet} they will one day repent, and be for- given J but it is very hard to forgive without repentance. When the pews of this event ar? rived in England, it excited fuch paffions in thp Minifter as nothing could reflj-ain ; his refent- ment was kindled into revcxige, rage and mad- nefs; his veracity was piqued, as his mafler- piece of Policv proved but a bubble : The bant- ling was the fruit of a favourite amour, and nq wonder that his natural affedbion was touchedj when he faw it difpatched before his eyes. — His grief and ingenuity, if he had any, were ^ffetfted at the thought that he had mifled the Eafl India Company, fo much nearer to dcr ftrud:ion, and that he had rendered the breach between the Kingdom and the Colonies almoft irreconcileable ; his fhame was excited becaufe Oppofition l^ad gained a triumph over him, and the three kingdoms were laughing at him for his obftinacy and his blunders : Inftead of relieving the Company, he had haitened its ruin : Inftead of cftablilhing the abfoluteand unlimited Sovereignty ( 85 ) fovcrcignty of Parliament over the Colonics, he had excited a more declfive denial of it, and relill- ?incc to it. — An eledtion drew ni^h, and he dread- ed the refentment even of the corrupted eledtors- In this ftatc of mind, bordering on defpair, he determines to ftrike a bold llroke. By at- tacking all the Colonies together, by the Stamp Aft, and the Paint and Glafs A&, they had been defeated. The Charter Conftitution of the Maflachufets Bay had contributed greatly to both thefe defeats. — Their Reprefentatives were too numerous, and too frequently elefted, to be corrupted ; their People had been ufed to con- ijder affairs in their Town-meetings : Their Counfellors were not abfolutely at the nod of a Minifler or Governor ; but were, once a year, equally dependant on the Governor and the twu Houfes.— Their Grand Jurors were el-^dive by the People ; their Petit Jurors w n; turned rpcrely by lot. The Junto rightly ji iged, that by this Conftitution the People had a check on every branch of power; and therefore, as lon^ as it lafte4, Parliamentary Taxations, &c. could never be inforced. Bernard publilhes his Seleft Letters, and his Principles of Polity : Hireling Garretteers were S6 ) ^f re employed to fcrlbUle millions of lies againft us, in pamphlets and news-papers ; and Setter* employed in the coffee-houfcs, to challenge or knock down all the advocates for the poor Maf- fachufets. — It was now determined, inftead of attacking the Colonic? together, though they had all been equally oppofed to the plans of the Miniftry, and the claims of Parliament, and therefore, upon minifterial principles, equally guilty, to handle them one by one; and to be- gin with Bofton and the Maflachufets. The deftrudiion of the tea was a fine event for fcrib- felers and fpeechifyers to declaim upon; and there was an hereditary hatred of New Eng- land, in the minds of many people in England, on account of her non-conforming principles* ' — It was likewife thought there was a fimilar jealoufy and animc^ty in the other Colonies againft New England; that they would there- fore certiinly dcfert her; that Ihe would be in- timidated, and fubmit ; and then the Minifter^ among his own friends, would acquire immor- tal honour, as the mod able, fkilful, and un- daunted ftateiman of the age. The I\)rt Bill, Charter Bill, Murder Bill, QikH"'' Bill, making all together fuch a fright- ful fy Ilcm as would have terrified any People who ( 87 ) who did not prefer liberty to life, were all con- certed at once : But all this art and violence have not fucceeded. This People, under great trials and dangers, have difcovered great abili- ties and virtues, and that nothing is fo terrible to them as the lols of their liberties. — If thofe arts and violences are perfifted in, and ItiU greater concerted and carried on againll them, the world will fee that their fortitude, patience, and magnanimity, will rife in proportion. ' The Whigs faw their ruin connefted with a compliance with the terms of opening the " Port. — They faw the ruin of their Country connected with fuch a compliance, and their own involved in it ; But they might have eafiiy voted a compliance, for they were undoubtedly a vali majority, and have enjoyed die cftecm and affcAion of their fellow flaves to their lall hours: Several of them could have paid for the tea, and never have felt the lols. — They knew they mull fuffcr vaflly more than the tea wis worth ; but they thought they adeJ for Aiae- rica and pcftcritv, and that the-) Ought not to take fuch a itep without the adv loc of the Co- lonies. — They have declared our caufe their ©vvn- — chat they never will fubmit to a prece- dent ia any part of die United Colonies, by wnich h <* II' r ( 88 ) which Parliament may take awaj' wharfs and other lawful eftates, or dcmolilh charters ; for if they do, they have a moral certainty, that in the courfe of a few years, every right of Ame- ricans will be taken away, and Governors and Councils, holding at the will of a Minifter, will be the only Legillatives in the Colonies, If we recolle^ft how many States have loft their liberties, merely from want of communi- cation with each other, and union among them- felves, we Ihall think that the Committees of Correfpondence may be intended by Providence to accomplifh great events. What the elo- quence and talents of Demoflhenes could not cffe(5t, among the States of Greece, might have been efFedted by fo fimple a device. Caftile^ Arragon, Valencia, Majorca, &c. all com- plained of oppreffion under Charles the Fifth ; flew out into tranfports of rage, and took arms againft him — But they never confulted or com- municated with each other. — They refilled fe- parately, and were feparately fubdued. Had Don Juan Padilla, or his wife, been pofTefTed of the genius to invent a Committee of Corrc- fpondence, perhaps the Liberties of the Spanilh Nation might have remained to this hour. . • ' Tiii^ ' ( 89 ) The People are told, that " they have been " infidioufly taught to believe that Great Bri- «* tain is rapacious, cruel, and vindidive, and " envies us the inheritance purchafcd by the * fweat and blood of our anceftors." The People do not believe this — they will not be- lieve it : On the contrary, they believe if it was not for fcandals conftantly tranfmitted from this Province by the Tories, the Nation would re- drefs our grievances. — Nay, as little as they reverence the Miniftry, they even believe that the Lords North, Mansfield and Bute, would relieve them, and would have done it long ago, if they had known the truth. — The moment this is done, *' Long live our gracious King, *« and happinefs to Britain!" will refound from one end of the Province to the other : But it requires a very little forefight to determine, that no other plan of governing the Province and the Colonies, will ever reftore a harmony between the two countries, but defifting from the plan of taxing them, and interfering with their internal concerns, and returning to that fyftem of Colony Adminiftration, which nature diiftated, and experience for one hundred and fifty years found ufefuL FINIS. i NEW PUBLICATIONS PRINTED FOR J. ST'OCKDALE* oppofite Burlington- House, Piccadilly. • * ^ujl Pubiyhed in One Volume OHav^ containing 324 • ' ,• Pages t Boards t Price ^s. . . I, \ Complete and Authentic DETAIL of the J\ feveral DEBATES in the HOUSE of COMMONS on the EAST INDIA BILL, «n Thurfday the 27th of November ; on Monday the ill of Dect mher ; and on Monday the 8th of De- cember. Together with Authentic Copies of the Two EAST-INDIA BILLS; the Arguments of Counfel againft One of them ; the fev»iral Papers containing a true Statement of the Company's Af-r fiirs ; Lills of the Divifions, of the Ahlentees, and Q^ thofe vyho retired before the Divifions commenced. *^.* As feveral paltry Compilations on the fame Stibjejfl are now in Circulation, the Public are hereby c^^utionetl againft the Impofition ; and thofe who are defirous of being furnifhed with the only Genuine Account of the Debates on the India Bill, are requefted to be careful to a(k for Stockda^le^s Com' plcte and Authmtic Detail. ^ ,, i- . 2. A Full and Acctirnte ACCOTTNT of the DEBATES on the EAST INDIA BILL, in the HOUSE of LORDS, ^yn I'uelday the 9th, Mon- day the 15th, Tuelday the i6th, and Wc'dnefday the 17th of Dec. containing the Speeches deliveipfl by the Noble Lords on each of thofe Days, togc^- ther with tlie Arguments uled by the learned Coun- fel, in behalf of the COURT of DIRECTORS, and the COURT of PF.OPRIETORS, asjainft the BILL; the whole compiled and revifed in the cpr- ret^eA nrnmor i)olTible, and printed to bind up with the DEBATES of the HOUSE of COMMONS, juft pwblilhed, and which together, will form one of the moft complete and authentic works of the kind ever otTered to the Public. Price 2s. 6d. 3. THE CONSTITUTIONS of the feveral INDEPENDENT STATES of AMERICA ; the Declaration of Independence : and the Articles of Confederation between the faid States. To which are now added, the Declaration of Rights \ the Non-