WILLIAM LA CLEMENTI Stevens collections, in no. 521 Τ Η Ε General Oppoſition OF THE COL O N I E S TO THE Payment of the Stamp Duty; AND THE Conſequence of Enforcing Obedience by Military Meaſures ; IMPARTIALLY CONSIDERED. ALSO A Plan for uniting them to this Kingdom, in ſuch a manner as to make their Inte- reſt inſeparable from ours, for the future, In a LETTER To a MEMBER OF PARLIAMENT. L O N D ON: Printed for T. PAYNE, at the Mews-Gate. M.DCC.LXVI. [Price One Shilling ] eBSD g isées Saa 17236 YAS CASS} S 1722 T H E General Oppofition OF THE С COLONIES TO THE Payment of the Stamp Duty, &c. TH HE General Oppoſition of our Colonies to the Stamp Duty has been, for ſome Time paft, ſo much the common Topic of converſation, and fo lately re- commended by his Majeſty to the confideration of his Parliament, A 2 that [ 4 ] . that I cannot fuppoſe, but you, who are of that Body, and have the Intereſt of your Country fin- cerely at heart, are by this Time thoroughly informed in a Matter of fo very great Importance. You Sir, who know I have no kind of Property in any of our Colonies, nor connection with any Family that has, may poſſibly wonder why I ſhould take the trouble of writing on a Subject I am ſo little intereſted in; yet when I conſider, that a ſpecula- tive private Perſon may poſſibly be of fome Service to his Country, by delivering his Sentiments to the public with candour and impartia- lity on ſo intereſting an Event, I cannot [5] cannot help thinking my Time well employed. I ſhould imagine there is no one in this Country ſo abſurd, to con- trovert the Legality of an Act of Parliament, though many perhaps may wiſh, ſincerely, the late Stamp Duty had not been appointed; and it were to be wiſhed alſo, that there could be any room to doubt the general Opinion of the Colo- nies in this point. Their unani- mous Behaviour on the occaſion, and the Remonſtrances of ſeveral of their Aſſemblies, ſufficiently de- clare they do not admit that the Parliament of England has any right to tax them without their conſent. Although Although the leading Per- [6] Perſons generally diſavow all rio- tous Meaſures of Oppoſition. The Charters of ſeveral of the Colonies have been lately publiſhed at large in our News Papers ; by which it appears, that their Privi- leges are not greater than have been granted to fome of our Cities and Corporations, as London, for inſtance, which has its Upper and Lower Houſe, that is, its Courts of Aldermen and Common Coun- cil, who have power to make Laws and levy Taxes within their Jurif. di&tion, and are notwithſtanding ſubject to the general Taxation of Parliament, which is levied for the Maintainance and Defence of the whole State : of which our Colo- nie [ 7 ] nies have lately received fo large a portion, that I am afraid the Sin of Ingratitude will be added to the crime of oppofing the Legiſlature on this Occaſion. The cloſe Affinity of a Kingdom to its Colonies is expreffed among us by the endearing Terms of Mo- ther and Children. The Infant Colony is nurſed with Tenderneſs by its Mother Country, which fupplies all its Wants; affifts its Weakneſs; watches over,and guards it from impending Dangers; and is ever ready to ſhed its Blood in its defence. From this fond atten- tion and care, the Appellation of Mother Country is given to us by our Colonies, as that of Father Land I [ 8 Land is to Holland. I cannot ac- count for the Diſtinction, unleſs it be from a more ſtrict Obedience required by the Dutch, from their Colonies, which is generally inſiſt- ed on more ftrenuouſly by a Fa- ther, than a Mother. The Appellation, however, of Parent and Children holds e- qually with each ; but as ours have been nurſed by a fond Mother, they may poſſibly have been ſpoil- ed by extraordinary Indulgence; and as in private Families, it is too late to correct Errors by chaſtiſe- ment, when the Child is paſt the Diſcipline of the Rod; the Mother is then obliged to apply to the Fa- ther's Aſſiſtance, who, if he is ac- tuated [ 9.) tuated by Paſſion, may perhaps knock him down if he perſiſts in Diſobedience, or offers at Refift- ance ; but if he conſiders the Matter coolly, he may conclude that ſuch violent Meaſures will in- evitably drive him into evil courſes, which may poſſibly end in the Ruin of the whole Family. The wiſeſt, and perhaps the only certain Means of endearing a Son truly to a Father, is to give him a proper ſhare of his Fortune, and alſo in the Management of the Fa- mily concerns, when he comes to Maturity. He will then undoubt- edly conſider his Father's Intereſt and his own as the ſame, and will conſequently ſpare no Labour, nor B grudge [ 10 ] grudge any Expence, when the Be- nefits to ariſe become mutual. The compariſon of Colonies to Children holds in many Particulars. In their Infancy they muſt be nou- Tiſhed; as they increaſe in Strength they become impatient of controul; and when arrived to Maturity, they will certainly endeavour at Inde- pendence. Yet by wiſe and pro- per Management, I ſhould imagine, they might be indulged ſufficiently, and ſtill be of greater Benefit to the Mother Country, than if kept in abject Submiſſion Our Colonies have been hitherto, except in the late Inſtance, untax- ed by England. The Duties laid on their Commodities on Importa- tion [11II ] tion cannot properly be deemed a Tax on them; for when we are the conſumers, it is certainly a Tax on ourſelves. The Goods we ſend to them are chiefly of Britiſh Manufacture, and bring us in return whatever they can acquire for our Uſe, whe- ther the natural Produce of their Country, or obtained by cultiva- tion of the Soil, which is of greater Value to this Kingdom in that ſhape, than if made in Bars of Gold or Silver, as it employs our Manufacturers in working up theſe rough Materials ; and alſo requires a proportionable Quantity of Ship- ping and Sailors to carry them, which enables us to preſerve our Dominion on that Element, where B 2 alone و [ 12 ] alone we ſhould ever endeavour to be formidable. It may be alledged, however, by ſome fanguine Advocate for the Paſſive Obedience and Non-refil- tance of our Colonies, that notwith- , ftanding all this, we are not to ſuf- fer them, on any account whatſo- ever, to oppoſe any Tax impoſed on them by the Parliament of Eng- land. That if we give up or ſuffer the leaſt Abatement of the Tax in queſtion, we acknowledge them to be independent. That we have expended Millions on their account, and they ought, and muſt be compelled to ſubmit to ſuch a ſhare of the Burthen as we ſhall think proper to lay on them. I ſhall very rea lily agree It [ 13 ] a o this Determination, provided it can be executed with Safety and Prudence ; but a calm conſider- ate Perſon will always examine ſe- riouſly the Obſtacles, as well as the Advantages that may occur in the Execution of any violent Meaſure, before he engages deeply in it. Let us ſuppoſe the beſt Iſſue that can be reaſonably expected.-That the Payment of the Tax is compel- led without Bloodſhed ; and the People of the Colonies only fo ge- nerally diffatisfied, that they reſolve unanimouſly to purchaſe no Com- modities from us that they can poſſibly do without ; and alſo en- deavour by Induſtry, and mutual Aſſiſtance, to ſupply each other with ſuch Neceflaries, however coarſely manu- [ 14 ] manufactured at the beginning, as can be produced among them. This would be a real Loſs to this Kingdom, by a Diminution of its uſual Export Manufactures, pro- bably to more than treble the A- mount of the expected Produce of the Stamp Duty. It may be conjectured that Per- fons of Fortune in that part of the World, are generally fo profuſe and luxurious, that there is no pro- bability of their applying them- felves ſeriouſly to the cultivation and encouragement of Arts and Manufactures; or refraining from the means of indulging their Lux- ury on any account. — I do allow there may be fome grounds for a a conjecture of the kind; but ſtill the ( 15 ) the Experiment is too dangerous ; for there is no determining poſi- tively, how far Pique or Refent- ment may lead People to Tempe- rance and Frugality, or incite them to Labour and Induſtry ; eſpecially when the Advantages attendant on the proper Encouragement of their own Manufactures muſt foon be very evident; and the Materials requiſite to moft Branches may be acquired by common Induſtry, in ſo very extenſive a Country. . As I have endeavoured to thew the Conſequences of obliging our Colonies to ſubmit to the Stamp Duty without Bloodſhed ; it may be proper alſo to conſider the dan- gers that may be apprehended from 4 com- [ 16 ] compelling the Execution of this Law by Force of Arms. I ſhall ſo far agree with the martial diſpoſition of thoſe who de- clare for warlike Meaſures in the firſt Inſtance, that if this King- dom ſhould think proper to exert its full Power, the united Power of the Colonies could not poſſibly withſtand it. But I muſt own I am not quite ſo valiant as to join thoſe warlike Spirits, who declare they deſire but ten thouſand of our Regular Troops, to drive all the Colonies before them. True, there is no great Danger in the boldeſt Declaration, at three thouſand Miles diſtance from an Enemy ; but ſtill a calm confiderate Perſon, who [ 17 ] a who may be valiant enough alſo on a proper occaſion, may reflect, that the Number of People in our Co- lonies amount, by computation, to between two and three Millions at the leaft. That a twentieth Part of theſe may be deemed fencible Men. That one half at leaſt of theſe are able bodied, and may be refolute and determined. That they may be enthuſiaſtically miſled to imagine they fight for Liberty, which is a Spirit not eaſily ſuppref- fed in an Engliſhman. I ſay fup- pofing this calculation to be toler- ably exact, he may expect to find fixty or ſeventy thouſand able- bodied Men, who may be mad enough to have determined abſo- lutely on Oppoſition. С This [ 18 ] This Number of Opponents, it is certain cannot well be collected into one Body, and they are to be divided among the Colonies; we may go in a Body againſt any one of them we think proper ; yet ſtill however, as theſe People have a thorough knowledge of the coun- try, and are inured to the climate, although perhaps they dare not face us in the Field, might give a great deal of Trouble in marching after them thro' Woods and Mountains. Beſides they may . probably have learned the Indian method of Buſh-fighting, which muſt be very tedious, and fome- what troubleſome to our Regulars. The Reduction of each Colony would by this means be retarded; and US ( 19 ) and we might poſſibly loſe a few Men by Sickneſs, or Fatigue, tho' not by fair fighting. And as we muſt alſo leave a ſufficient Force in each, to keep them in proper Obedience after we have conquered them, or we may have the fame work to do over again, I ſhould imagine that after bringing three or four of the moft obftinate into a proper State of Subjection, we ſhould perceive our Numbers ſomewhat diminiſh- ed, and poſſibly find by that time there had been fome ſmall miſtake in the calculation. It were great pity ſo hopeful a Scheme ſhould miſcarry on ac- count of a trifling Error in cal- culation ; eſpecially when any mil- 3 take, as to the number of Sol- diers that may be neceſſary, can eaſily C 2 [ 20 ] a eaſily be remedied, and a fuffi- cient quantity had upon very eaſy Terms. Let us conſider what number of Manufacturers are now employed in different Works for the Colonies, who will then be out of all Employment, and muft either enliſt as Soldiers, or ſtarve. Beſides, there can be no want of Shipping for Tranſports, at a very eaſy rate; as our Welt India Traders will have no other Buſineſs. So that with the Help of fifty or fixty Men of War and Frigates, properly ſtationed along their very extenſive Coaſts, to hinder them from any Supplies, I make no doubt but in ten or twelve Years at fartheſt, we ſhall either conquer their ſtubborn Spi- - rits, [ 21 ] rits, or extirpate them abſolutely; and it is not to be preſumed that any of our Neighbours, during that time, will be fo rude to in- terrupt us in our Buſineſs. But, as I muſt own myſelf a meer No- vice in theſe matters, I ſhall leave the farther Diſcuſſion of them to the Advocates for military Mea- fures. It is agreed by all the Lawyers in this Kingdom, that the Oppo- ſition to the Stamp Duty is illegal, becauſe it is contrary to an Act of Parliament. But as the confi- deration of this Matter ſeems to be of too extenſive a Nature to be con- fined within the narrow limits of Weſtminſter Hall, and is under the cognizance of a Court, where Law and а. a [ 22 ] and Reaſon are equally weighed ; any Plea the Coloniſts can offer in Excuſe, or Juftification, will cer- tainly be examined with the great- eft Candour and Impartiality. It is inherent to the Liberty of an Engliſhman, and the Baſis on which his Property is fixed, that his Freehold, of 40 Shillings per Annum value in Land, cannot be taxed without his confent. That according to the Conſti- tution of this Kingdom, this con- fent is transferred by the Majority of Freeholders within certain Di. ſtricts, to ſuch Perſons as they chooſe to repreſent them. That the whole of this King- dom is divided into fuch Diſtricts, and that every Freeholder of 40 Shillings I [ 23 ] . Shillings per Annum has an ur- doubted right to vote for a Re- preſentative in ſome one of them. That the conſent of a Majority of the Repreſentatives fo elected in the ſeveral Diſtricts, undoubt- edly implies the conſent of the Freeholders of England. On the other hand it is moſt certain, that no Freeholder of 40 Shillings, or even 400l. per An- num in any of our Colonies, will be admitted to vote for a Repre- ſentative for any County in this Kingdom, in right of ſuch Free- hold. Nor will a Freehold Eſtate, of 10,000 l. per Annum there, qualify him to repreſent any County, or even the pooreſt Bo- rough in England. A Lawyer a [ 24 ] A Lawyer however will tell you very gravely, that the Charters of Maſſachuſetts Bay, Connecticut, &c. which conſtitute theſe Govern- ments Tenants of his Majeſty's Manor of Eaſt Greenwich within the County of Kent, in free and common Soccage, do, by virtue of that Tenure, ſubject their Eſtates there, as Engliſh Property within the County of Kent, to ſuch Taxes as the Parliament of England think proper. But, that this Freehold Property, not being really any where in this Kingdom, cannot poſſibly give the Owner a right to vote for a Repreſentative in any County, or qualify him to repre- ſent any County or Borough in England. All [ 25 ) ] All this may certainly be Coni mon Law, but it will be very dif- ficult to reconcile it to common Senſe : for by the fame kind of reaſoning, they muſt certainly be liable to the Land Tax; and every other Tax the County of Kent is ſubject to And as theſe Govern- ments are, by conſtruction of Law, within the Manor of El Green- wich, and liable to be taxed on that account, it muſt certainly be a great eaſe to that Manor, to ſhare the Burthen with their Brethren of Eaſt Greenwich in America. The long uninterrupted Cuſions or Uſage in the Colonies, of tax- ing themſelves by Repreſentatives of their own chooſing; and alſo the Non-uſage of the Britiſh Par- liament a [ 26 ] a liament in that particular, ſeems a kind of poffeffory Right, which might naturally induce Perſons, perhaps not thoroughly acquainted with the Nature and Conftitution of our Parliament, to imagine the fole right of laying Taxes, belong- ed to themſelves. Which may be a kind of Plea in excuſe of their Oppoſition, however unſufficient it may be deemed in point of Law. If the Colonies could have had but a little Patience, and not op- poſe the Stamp Act, it muft, in a very ſhort Time, have executed it- I mean as felo de ſe. For the Admiralty Courts erected there, -I ſuppoſe according to Law, and the Engliſh Guarda Coſta's, had ſo abſolutely prevented any clande- ftine felf;— 2 [ 27 ] Nine dealing with the Spaniards, by which means only they have been hitherto enabled to pay the Ballance of their Trade to England in Dollars chiefly, that in one Year they muſt have been left without a Shilling in Specie, and the Stamp Officers obliged, by neceſſity, to take Paper Currency in Payment for Stamps ; or elſe Wood's Half- pence, which had been rejected in Ireland, and ſhipped off as con- victs to the Plantations. It is cer- tain however, that in caſe of any Rupture with Spain, we need not be at the Expence of a Fleet to convoy our Treaſure Ships home from the Colonies, as they are obliged to do in Time of War, which may be reckoned ſome ſaving in D 2 [ 28 ] in our account of Expences on that head. I am far from ſearching for any fault in the conduct of the late Miniſtry, and wiſh I could give any good Reaſon for their prevent- ing all Traffic with the Spaniards, as a previous Meaſure to their in- tended Stamp Duty: or why this Duty, which was ſo very cautiouſly laid in England in the Beginning, that it did not amount to 50,000). per Ann, at moſt, though ſince, by ſeveral Additions, increaſed to 300,000 l. fhould, in the firſt Inſtance of any kind of Tax, be laid on the Colonies with all its Weight at once. But it is to be hoped the Legiflature may ſtill apply fo healing a Balſam to this Wound, [ 29 ] Wound, that there will be no danger of its breaking out afreſh hereafter. I have already conſidered our Colonies as Children; eaſily held in Leading Strings whilft in their Infancy; but now they are grown to Maturity, they ſhould be held by ſtronger Bands ; I mean thoſe of mutual Friendſhip, and reci- procal Advantage. Without which no obligations of Gratitude on ac- count of former care and tender-- neſs ; no coercive Power, however properly employed, can poſſibly inſure a more than temporary Ac- quieſcence. For whenever there is fufficient Power, or opportunity to ſhake off Dependence, I fear there is no other hold to be re- lied [ 30 ] lied on than that of ſtrong In- tereſt. There never has been any State, perhaps, in like circumſtances with ours, from whence proper Ex- , amples might be taken for our con- duct on the preſent Occaſion. The Roman Colonies were planted in conquered Countries, not in uncul- tivated foreign climates, nor at a great Diſtance from their own Do- minions. Arms, not Commerce, was the chief Employment of that war- like People ; and the Dominion of the Sea, where there was no Ene- my to cope with after the Deſtruc- tion of Carthage, was an object of little conſideration. As our Situation is fingular, we muſt apply to Reaſon, to Juſtice, and [ 31 ] and to found Policy on the preſent Occaſion. Britons, in whatever Part of the Globe they are eſta- bliſhed, will never be willingly obedient to Laws they have not, in ſome manner, conſented to; and of all Laws, thoſe by which we are taxed are ſooneſt generally felt. It is evident the preſent Op- poſition of the Colonies is princi- pally founded on their not having conſented in any ſhape to that Law, by which they have been lately taxed. And although fuperior Force, or the apprehenſion of it, may poſſibly compel their Obedi- ence, any other effectual Method muſt ſtill be undoubtedly prefer- able. To 32 To keep our Colonies in proper Obedience to our Laws, to fix their Liberties on the fame folid Founda- tion with our own ; to preſerve their Properties in violably, and by theſe means to ſecure their friend- fhip as Brethren equally intereſted; can only be effected by thoroughly incorporating them with this Kinga dom, and by that means every Be- nefit that can be reaſonably hoped for, on either ſide, may, to all hu- man appearance, be effectually ot- tained. If every Colony were to chcoſe fuch Repreſentatives as they ſhould think proper, as our Counties in England do, and that ſuch Repre- fentatives were in every reſpect [ 33 to have the ſame Privileges as our Members for Counties; they would then be on an equal footing: Bug as ſome of the Colonies are vaſtly ſuperior to others in extent, and number of Inhabitants, it may be proper that they ſhould return a greater number of Repreſentatives, and the leſſer Colonies in Propor- tion, ſo that each might be properly repreſented, and the Intereſt of the whole properly attended to ia Parliament, by the Perſons them- felves ſhould think beſt qualified for that purpoſe. As it may be inconvenient to have the Elections for Members to repreſent a Colony, carried on in the ſame manner as for a County in England ; and as it may be neceſſary E [ 34 ] neceſſary for each Colony to have their Houſes of Affembly, as at preſent, to provide for Occurren- ces that may happen relative to themſelves ; ſuch Houſes of Affem- bly may ſtill remain. And as the ſeveral Members that conſtitute theſe Houſes of Aſſembly are elect- ed in the ſeveral Diſtricts of the Colony, the whole Body may then elect, from among themſelves, ſuch Repreſentatives, as the Majority of fuch Houſes of Affembly ſhall think moſt proper to repreſent the Colony in the Parliament of Eng- land. I ſhould imagine that by this Method all confuſion may be avoid- ed, and no great alteration appear in their Mode of Government. By the . [ 35 ] the fame Method all our Colonies would be properly repreſented in Parliament, and their intereſt equally attended to as that of any Part of England. And by being thus incorporated with this King- dom, our Union muſt become in- ſeparable, and our Strength united on all Occaſions. The Colonies could no more be looked upon with a jealous Eye; there could be no apprehenſion of their becoming too rich, or powerful. The con- ftant intercourſe which the fending Repreſentatives to Parliament muſt neceſſarily create; and the acquain- tance and alliance it would natu- rally produce, muft, beyond all doubt, be equally advantageous to all Parties, Nothing a E 2 [ 36 ] Nothing certainly can be more equitable, than our Colonies bear- ing ſome part of the Expence of maintaining a ſufficient Force in that part of the World, for their Defence. There can be no Ob- jection offered, with any colour of Reaſon, to a Tax being levied for this purpoſe, but their not being repreſented by Perſons elected by themſelves, to give their conſent to a Law of the kind; for the pre- tence of any immunity, by Charter, can have no weight. And if they are to be taxed as Engliſhmen, by Laws made in England, it will not perhaps be deemed unreaſonable, that as Freemen, as Freeholders, they ſhould have a liberty of Election, [ 37 ] real grie- Election, as every Freeholder in Great Britain of 40 s. per ann. has. What the Wiſdom of the Le- giſlature may determine in this matter, no one can pretend to ſay: But there can be no doubt but its Juſtice will redreſs any vance the Colonies can be deemed to labour under. So far is it from being thought derogatory to its dignity, by that great Aſſembly, to recede from any former reſolution, as ſome very zealous Perſons ina- gine, that the altcring, --amending, -or repealing Laws, as circum: ſtances require, are equally the objects of its attention, as the enact- ing new ones. The late inſtance of repealing the Jew Bill, the next Seſſions after it was enacted by the fame [ 38 ] fame Parliament, is a recent ex- ample of the higheſt impartiality with reſpect to former opinion. It is therefore to be hoped, that every rational Objection may ſtill be re- moved, and that the Oppoſition to the Stamp Duty, inſtead of producing the unhappy effects the enemies to the Peace and Proſpe- rity of this Nation fo ardently wiſh, may become the happy means of uniting us as Engliſhmen, Freemen, equally bound to ſup- port and maintain the Laws and Liberties of this Kingdom. I have, in this manner, taken the Liberty to give you my Senti- ments on this very intereſting and important Subject; and alſo to offer the outlines of a plan for uniting 4 the as [ 39 ) ] the Colonies to this Kingdom, in ſuch a manner as to make our In- tereſts and theirs inſeparable for the future. I don't pretend it to be entirely my own Invention, and in that reſpect differ from moſt Projectors, who conſider the Ho- nour of the Invention as a princi- pal Object ; and on that account generally reject what they can't paſs for their The chief Merit of this, however, is founded on its having been thought of, and mentioned by many ; which I muſt own is a ſtrong inducement to me, to think it reaſonable, and fea- fible. Upon the whole, if you ſhould approve it, I don't know any one more likely to finiſh and place it in a proper light, let who own. [ 40 ] who wiil be the Inventor ; and I may certainly hope for your Ap- probation, if nothing preferable ſhould offer on the Occaſion. If that ſhonld happen, I affure you, whatever Prejudice I may be fup- I poſed to have for this, I ſhall fin- cerely wiſh you may find ſufficient reaſon to reject it on that account; and am, SIR, &c Da . -- otusten vonios 32105 tovo von biror Bot 2 The general opposition of the colonies 766 -e