a i I .<.0ff V i \r ~ ^ I* 55 I S ^ <> THE Canadian Freeholder ; A DIALOGUE. SHEWING, The Sentiments of the Bulk of the Free holders of Canada concerning the late Quebeck-Adl, with fome Remarks on the Bofton-Charter Act, and an Attempt to fhew the great Expediency of immediately Repealing both thole Ac~ts of Parliament^ as a Ground for a Reconciliation with United Cojonie.s in America, LONDON: Sold by B. WHITE, Horace s Head 4 Fleet- ftreet, M.DCC.LXXVI. r PREFACE. TH E following Dialogue is fup- pofed to have pafled in the province of Quebeck in North- Ame rica, in the month of July, 1775, be tween a fenfible and fubftantial Cana dian freeholder, of the Roman-Catho- lick religion, and an Englifli Protef- tant gentleman, who had long refided in that province, fince it became fub- jecl: to the crown of Great-Britain, but had been abfent from it for five or fix years preceding the date of this dialogue, which he had fpent in the neighbouring Englifli provinces of North America. It is intended to con- yey to the public a true reprefentation of the fentiments of the French, or, Canadian, inhabitants of that pro vince PREFACE. viiice concerning the late Quebeck* Act, according to the beft accounts the Writer of this dialogue has received of them ; and likewife to fuggeft fome reafons for repealing without delay, together with that obnoxious ad:, the late a& of parliament for altering the charter of the Maflachufet s Bay. The three firft fpeeches of the Eng- lifhman, with the Frenchman s an- fwers to them, are the fame in fub- fiance with what the writer is afiured did really pafs in a converfation of this kind in the province of Quebeck between two perfons of the foregoing defcription. The reft of the dialogue is the invention of the writer, but agreeable to the accounts which he has received concerning the fentiments of the Canadians and other Americans. THE THE Canadian Freeholder : DIALOGUE. ENGLISHMAN. ELL, my friend, I fuppofe that you, and all your countrymen here, are very happy at the great change of the laws and government of this province by the late aft of parliament. FRENCHMAN. Not at all, Sir, I can allure you. And I wonder you fhould think we can be plealed with* t 6 ] with it. It is calculated only to gratify the pride* and f apply the wants, of fome of our beggarly noblefle,. who are now in hopes to get places of power and profit in the province, and to renew their old practices of oppreffing and domineering over us. For fuch, you very \vell know, was their behaviour to us in the time of the French government, and that our emancipation from that fpecies of tyranny by the eftablifhment of the Englifh laws, was exceedingly agreeable to us, and gave univer- fal fatisfaclivDn. But- now all this comfort is at an end, and the gloomy profpe6l of the return of our former fervitude prefents itfelf to our imagination, and fills us with great imeafmefs. For, by the revival of the French laws, we are apprehensive that all thofe op- preffive powers of the nobleffe over the come- rnon people will be re-eftablimed -, and by the claufe in the adt which permits Roman- Catholicks to hold offices of trufl and power, we are induced to fufpect that there is an. Intention in government of beflowing thefe offices on fome of our former fuperiours, from whofe domination we have been fo happily free for thcie fifteen years laft paft. ENG- [ 7 1 . ENGLISHMAN. Well, I cannot blame your reafoning : it is indeed but too well founded. But what fay you to the claufe which confirms your reli gion ? Surely that mutt pleafe you. FRENCHMAN. We have no more reafon to be pleafed with that claufe than the other. It is true indeed that we are zealouily attached to our religion, and mould have been very unhappy if we had not been tolerated in the free exercife of it. But we were fo tolerated to the utmofl extent of our wifhes before the late act of parliament. It was ftipulated in the capitulation in Sep tember 1760, that the free exercife of our religion mould fubfift intire, fo that all ranks and conditions of men, both in the towns and countries, might continue to aflemble in the churches, and to frequent the facraments as heretofore, without being molefted in any manner, directly or indirectly. And this was readily granted to us by our humane con queror, General Amherft. But when the Marquis 4e Vaudreuil, our general, demanded further, [ 8 1 further, that we fhould be obliged, by the Engliih government, to pay to our priefts the tythes, and all the taxes which we were ufed to pay under the government of our former Sovereign, General Amherft (who did not think it necefTary to perpetuate our religion by a compulfive provifion for the priefts who teach it,) very wifely refufed to grant this fecond requeft, and made anfwer, that the obligation of paying the tythes to the priejis would depend on the kings pleafure. In confequence of this anfwer, we have underftood that we were not to be obliged by the Englim govern ment to pay the priefts their tythes, until the king mould declare it to be his pleafure that we mould pay them ; or, in other words, we thought that the legal right of our priefts to, demand them, and fue for them in a court of juftice, was fufpended till his Majefty s plea fure mould be declared for revival of it 4 and no fuch declaration had been made before the late act of parliament. Thefe points of the capitulation have been ftri&ly obferved on all hands, ever fmce they were fettled till thq prefent time, that is, for a fpace of fifteen, years. We have enjoyed the free exercife of [ 9 ] our religion in the higheft degree poffible. We have had our priefts to officiate to us both publickly and privately, in the fame open and unreftrained manner as under the French go vernment : and we have affembled in our churches and frequented the facraments in the fame manner as heretofore, as the article of the capitulation above-mentioned demanded for us the liberty of doing; and not one of our churches in the whole province has been taken from us for the ufe of the proteflants. This degree of juftice and honour in the Englim government, with refped to the ob- fervation of this important article of the ca pitulation, has at once aflonimcd and delighted us. And the other point, concerning the tythes, has been likewife conflantly obferved; infomuch that our priefts have not prefumed to fue for their tythes in any of the courts of juflice in the province ever iince the eilablifh- ment of the civil government, being conicious that they could not maintain a legal right to them on account of the faid anfwer of General Amherft to the fecoiid requeft above-men tioned. Yet, as we are f>*icere and zealous in the belief of our religion, we have uiually B paid paid them to the priefts that did the duty of our parifhes, though we knew we could not be compelled to it : and few complaints have been made againft us for our neglect of them in this particular; especially where we have been fatisfied with their conduct, both with relpecl: to the decency and regularity of their lives, and to their diligent difcharge of the duties of the paftbral office. In thefe cafes we have always throughout the province made a liberal proviiion for the priefts who admi- niftered to us the offices of our religion : and we have found that the liberty we have had of paying them the tythes, or letting it alone, as we thought fit, has contributed very much to make them behave in fuch a manner as to deferve them. This iituation of things pleafed us extremely. We enjoyed the exercife of our religion in as free and ample a manner as we had done in the time of the French go vernment : and we had the additional advan tage of rewarding our priefts in the manner we thought proper, and in proportion to the merit of their behaviour towards us in the difcharge of their parochial duties. You can not furely think that the enjoyment of fuch a power i ; ,l I " 1 power over our priefts as this was could be difagreeable to us. Whoever does think fo is moft egregioufly miftaken. But now your parliament (though, we are told, it confifts only of proteflant members,) has deprived us of this power, and forced us to pay our tythes to our priefts (whether we are pleafed. with them or not,) to the uttermoft farthing. And, however ill they may behave amongft us, though they mould be the moft vicious fellows in their parifhes, wholly given up to drunken- nefs and lewdnefs, debauching our wives and daughters, and neglecting the moft important duties of their office, and behaving to us with the utmoft contempt and infolence ;~yet, when once it has pleafed the bi(hop to appoint them to be our parifh, priefts, we muft, for the future, pay them their tythes and other dues in the fame manner as if their conduct had in titled them to our entire approbation. Now this is a duty impofed on us by the late act, which we mall certainly perform in thefe cafes with great reluctance. In fhort, as the former claufe, which revives the French laws, feems calculated to bring us again under fervi- tude to our noblefle; fo this other claufe, B 2 which which revives the legal obligation of paying the priefts their tythes, feems calculated to bring us under fubjedlion to our priefls : and neither of thefe changes in our late eafy and happy condition is confidered by us as an advantage. Our noblefle, (thofe hungry cor morants, who are too proud to cultivate their lands, as we do, or to follow any ufeful trade for their fubfiftence, and too poor to live upon their fortunes,) may naturally enough rejoice at the late act, as it opens to them a profpect of getting lucrative places under the govern ment : and our parifli priefts may like it for a fimilar reafon. But we, the poor people, who are to be forced to pay the priefls their tythes, and to furnifh the taxes out of which the large falaries of the great number of lucra tive offices that, we hear, are foon to be beftowed on fome of our noblefFe, are to arife, (for we cannot fuppofe that Great Britain will long continue to bear all thefe unnecefTary burthens on her revenue,) muft take the li berty of difliking it, and confidering it as a juit fubject of complaint. And even the very giving thefe places to our nobleffe, (if they are to be places of any truft and power, and not not mere finecure places by way of dilguife for penfions,) is an alarming event to us poor Canadians, independently of the taxes which, we fear, will be laid on us to provide the falaries of them ; becaufe it will again furnifh them with the means of oppreffing and in- fulting us, as they did in the time of the French government ; a treatment we (hall be little able to bear now after the mild and impartial adminiflration of juflice and mode rate ufe of power which we have experienced from the Englifli magiftrates, by whom we have been governed for thefe laft fifteen years. If thefe therefore are the favours of the Britifli parliament, we hope they will for the future be very fparing of their acts of indulgence to us. I believe you will agree with me that thefe fentiments are not ill-founded. ENGLISHMAN. I do indeed mofl fmcerely : and I partly guefied that you might entertain thefe fenti ments j but was defirous of knowing from your own mouth whether you did or not, and therefore begun our converfation by pretend ing to fuppofe that the late act muft have been agreeable . [ H ] agreeable ta you. But give me leave to alk you further, whether the fentiments you have now exprefTed are thofe of the generality of the Canadians, or only of a few perfons who have confidered the fubject with the fame Attention which you fcem to have given to it. FRENCHMAN. It would be too little to fay they are the fentiments of the generality of the Canadians : they are the fentiments of the whole Canadian- people, except only the very few perfons who reap an immediate benefit from the act, that is, the parifh-priefts, who are impowered by it to fue us for their tythes in the courts of juftice ; about five or fix of our lawyers, who flatter themfelves that the revival of the French law will increafe their bufinefs and confe- quence j and the narrow circle of our poor and proud noblefTe, who are gaping after the falaries of the places which are foon to be beflowed on them, and pleafing themfelves with the thoughts that they mall then have an opportunity of exercifing authority over us in the fame manner as they did under the French government. Excepting thefe perfons, (who may i -5 ] -.",.. may amount perhaps to two hundred, or at moft three hundred, men in the whole pro vince,) I will venture to fay that all the reft of the Canadians, who think at all upon the jubject, entertain the fame fentiments as I do. ENGLISHMAN. As this is the general way of thinking amongft the Canadians, pray how comes it to pafs that they did not make it known to the government in England, before the late Que- beck act pafTed ? For I dare fay that act was panned with an intention to pleafe and humour the Canadians, and thereby difpofe them tQ become active inflruments in the hands of the crown to affiffc in the conquefl of the other rebellious colonies. Indeed there is no other way of accounting for the parliament s paffing an act of fo uncommon a nature, and fo con trary to the mofl fundamental maxims of the Britifh government. FRENCHMAN. I cannot pretend to judge of the political views of the Britifh ciiniftry in caufing that f 6 ] to be pafTecl. But, if they did intend to pleafe the Canadians by it, as you fuggeft, (for of myfelf I mould never have fufpe&ed them of fuch an intention,) I fuppofe that they mud have thought that the Canadian people were intirely under the influence of their priefts and their noblefTe, and that they followed implicitly wherever the latter led, as fheep do their bell-weather, and confe- quently that, by gratifying the noblefTe and the priefts, they fliould gratify all the reft of the people. An opinion of this fort muft have prevailed among them. But, (as you well know, and as now appears plainly in the general murmurs at this ait all over the pro vince,) it is intirely without foundation. The noblefTe have never had any influence amongft them at all, but, on the contrary, have been rather looked upon by them as objects of terrour and hatred : and the priefts have had but a limited degree of influence over them, and only in matters where religion has been thought to be concerned. This was well known to all the Englim inhabitants of the province; and therefore we prefumed it muft, by their means, be known alfo to the government [ >7 ] government in England. But I fuppofe they have liftened principally to the fuggeftions of the Governour, who has been fo far biaffed by the perpetual flattery of the bifhop and his clergy and the noblefle of the province (who/ call him their father and protector,) as to con ceive them to be of much greater importance than they are, and who has probably repre- fented them in that light to the king s mini- fters of ftate, and made them believe that the fentiments and wimes of that fmall circle of interefted perfons were thoie of the whole Canadian people. As to making a formal petition to the king to continue to us the Englifli laws in the manner we had enjoyed them before the late aft, (which you feem to think we ought to have done, and which indeed I fmcerely wifh we had done,) our reafons for not doing it were as follows, In the firft place, you well know that the Canadians are extremely fearful of offending their governours, and confequendy of taking any ftep which may expofe them to their fu C tare t 8 ] ture reientment. This is owing partly to the arbitrary manner in which they were ufed to be commanded in former times, and the difcretionary power of imprifonment which was exercifed over them by the intendants of the province. This habit of obedience and terrour has continued amongft them (though in a lefs. degree than formerly,) till almoft the prefent time, notwithflanding the great mild- nefs of the Englifh civil government and the total ceflation of the exercife of that arbitrary power of imprifonment. For they did not well know the caufe of this ceflation, and could not be fure that it was not the effect of fome temporary policy, which would foon be laid afide, or of the humane or cautious tem pers of the perfons at the head of the govern ment. They had indeed been told that it was the confequence of the introduction of the Englifh laws and form of government : and they, for that reafon, were greatly delighted with thofe laws and that form of government. But yet they faw this but imperfectly, and therefore had flill fome doubts and apprehen- fions in their minds concerning the liability Of tills new ftate of .eafe and liberty, and confequently [ 19 ] confequently fome remains of their ancient habits of fearing to offend the officers of go vernment, Ignorance, you know, is often both the parent and nurfe of timidity : and our Canadians, for the moll part, can neither read nor write : nor have they been accuf- tomed, nor indeed have they dared till of late years, to think upon the fubjedt of go vernment. It ought not therefore to be matter of wonder that they do not yet think either very freely or very accurately concerning ir, and much lefs that they are my of acting with refpect to it in a manner that they fufped: will be ofFenlive to their fuperiours. This I take to be one of the reafons why they did not make fuch a petition as you mention, to ex- prefs their defire that the laws of England might be continued in the province. A fecond reafon for their not making fuch a petition may alfo be referred to their igno rance. There are fome parts of the laws of England which, if they were to be put in pradice here, would be greatly and juflly difagreeable to them. Such is the Engliih. law of inheritance of land by primogeniture ; C 2 which, which, if it were to be immediately intro duced into the province fo as to affedl the prefent generation of young men, would cer tainly caufe great uneafmefs and mifery in families > though, if it were to take place only with refpecl: to the children of marriages hereafter to be contracted, with a power in the parents to avoid it, if they thought proper, and to retain their former law of inheritance by partition, either by inferting a claufe for that purpofe in their marriage-agreements, or in their laft wills, or in any deed executed in their life-time, I am inclined to think it would give the Canadians no offence, but rather be well received by them, becaufe they have often obferved and lamented the many incon- veniencies that have refulted from the fub- divifion of fmall lots of land in confequence of their prefent law of inheritance by par tition. Yet the fudden introduction of this law of England would be very difagreeable to them, even though they mould be impowered to avoid its operation by devifing their land in the manner they mould think proper by their laft wills and teftaments, becaufe, as they can neither write nor read, and are not much much accuftomed to make wills, this pre caution would probably be often neglected, and the younger children of families, in con- fequence of fuch neglect, would be difap- pointed, by the operation of the new law, of the mares of their father s eftate, which they had been bred up in the expectation of under the old one. This therefore is one of thole parts of the Englifh law which would really be difagreeable to the Canadians. Another part of it that would alfo be diigufting to them, is the law of tythes. For we are told that, by the law of England, the owners of land are obliged to pay every tenth fheaf of their corn to the parfon of the parifh ; whereas the tythes paid in this province in the time of the French government was only the twenty-fixth bufhel of corn ready threflied out, and made fit to put up in the barn. Now it would be thought highly oppreffive by the inhabitants of this province, notwith- ftanding their fmcere attachment to the Ro- man-Catholick religion, to be forced to pay tythes to their priefts at the enormous rate of every tenth fheaf; fince, as I faid above, they were extremely pleafed with the liberty al lowed [ 22 ] lowed them, ever fince the capitulation in 1760 till the prefent aft, of not paying even their accuftomed tythe, though fo much lefs than the Englifh tythe, unlefs they chofe it. Thefe therefore are two parts of the Englifh law which, if they were to be practically introduced in the province, would give great offence to the Canadians. And perhaps there may be fome other parts of that law which I have never heard fpoken of, or do not at pre fent recollect, which might be equally dif- gufting to them, I am aware that you will obferve upon this occafion, that thefe are two parts of the law of England that the Englifh inhabitants of the province have no defire, or thought, of introducing into it, but that they are willing to have them excepted by name, in the plaineft manner poflible, from the general body of the laws of England which they wifli and hope to fee eftablimed here, if fuch an exception of them is defired by the Canadians : that, as to the nrft of them, the law of inheritance by primogeniture, they think it would be foolifh and unjufl to introduce it fuddenly* fo fo as to affecl: the prefent generation of Cana dians, and are not follicitous to have it intro duced even with refpect to future generations in the manner I have above mentioned, unlefs it be agreeable to the Canadians that it mould be fo introduced j and that they therefore are willing to have the cuftoms of Canada upon that head, as well as concerning the dower of widows, and the modes of conveying landed property, and, ftill more, thofe concerning the tenure of lands, or the mutual rights an4 duties of the feigniors and their freehold tenants to each other, exprefsly revived and re-eftablifhed in as ample and fatisfadory a manner as the Canadians mall defire; pro vided only that they mail be permitted to difpofe of their own landed property in the, province by their laft wills in the manner they mail think proper : and that, as to the fecond point, the payment of tythes at the rate of the tenth fheaf of corn, they fhould coniider it as one of the greateft and moft abfurd oppreffions that could be intro duced into the province, their opinion being that the affair of tythes ought to be left in- tirely voluntary both to theRQinan-Catholicks and [ 24 ] and the proteftants, without fo much as re viving the legal obligation of paying the lefTer tythe above-mentioned, which was only the twenty-lixth bufhel of corn threfhed out and made fit to be houfed : and therefore you will conclude that the Canadians need not have been apprehenfive that thefe parts of the Englim law would have been introduced into the province in confequeace of the petitions of the English inhabitants of it to have that law eftablifhed. Now all this I will allow to be true, as I have heard it often and often from the moft fenfible Englim merchants in the province with whom I have had an opportunity of converfing upon the fubject. But what avails its being true, or my knowing it to be fo a while the bulk of the Canadians are ignorant of it, and liable to be impofed on in this re- fpe6t by thofe who are endeavouring to pre judice them againft the Englim law, and in favour of the revival of the French ? For thefe are the very parts of the Englim law which thofe perfons have held out to them as bug bears, lince the palling of the late acl: of par liament, r 25 ] liarhent, to prevent their joining with their Englifh fellow-liibjects in folliciting for the" repeal of it ; as you may fee by the perufal of the letter to the Canadians which was figned, " Le Canadien patriote" and induftrioufly cir culated through the province in December^ 1774, in which both the payment of the tythesat the rate of the tenth fheaf infteadof the twenty-fixth bumelof corn, and the inheritance of land by primogeniture, to the exclufion of all the younger children now living in the province, and without mentioning even any power in the parents to prevent its operation by their laft wills, (though that is alfo a part of the law df England,) are held up as the neceffary and immediate confequences of the introduction of the laws of England. His words are thefe. " Aimeriez-vous que vos enfans heritajjent a I Angloife j tout a ame y riert aux cadets ? Voudriez-vous payer la dixme dixieme gerbe^ comme en Angleterret" Such are the difmgenuous artifices which have been ufed to alarm the poor Canadians with falfe apprehenfions concerning the effects of the introduction of the Englifh law; and by thefe means they have been brought into a D flats ftate of doubt and irrefolution upon the fub- jec~l, from which they were utterly unable to 1 relieve themfelves. For while, from their 1 feelings of tfee cafe, fecurity, and liberty which they have enjoyed for thefe ten years paft, they were inclined to think favourably of the Englilh law as the caufe of thofe great advantages, they have been made to appre hend fome bad conferences from certain parts of it which they have not experienced and are not well acquainted with,- and which they are told will be inevitably forced upon them, if the EngHfh laws ihould be eflablifhed in the province, though in truth nobody wimes to introduce them. In this ftate of delufion they hardly dared to join with the English in a petition to th king to eftablifli the laws of England in the province, though they often declared that they had been extremely happy under them for thefe laft ten years. -I am fenfible that here it may be afked why the Englifh did not undeceive them upon this fubjec~t, and make them underfland that no body wifhed to introduce either the Englim law of paying tythes at the rate of the tenth fheaf, or the Englim law of inheritance by primogeniture, , primogeniture, or the Englim law of clower, or any other part of the Englifh law relat ing to landed property, or any other parts of the Engli/h law that the Canadians mould have any particular objeftjon to, and that therefore they had no occafion to be under .any uneafmefs upon that account. To this I anfwer, that, from their being generally igno rant of letters to fuch a degree as not to be able either to write or read, it was impoflible to undeceive them compleatly upon this, or any other fubjec~t, upon which their priefts, (who were fettled amongft them in the feveral parishes of the province,) mould endeavour to miflead them, as they were known to have done upon this fubjecl:, it being an undoubted facl; that many copies of the letter above- mentioned figned " Le Canadien Patriots ," were writ out by the yoqng ftudents at the feminary, or college of fecular priefls, at Quiebeck, which, you know, is the principal place of education for our young people who are intended for the church. How could the Engliih merchants communicate to the whole body of the Canadians their anfwers to thete private and repeated fuggeftions of the prieftc D 2 to [ 28 ] to the prejudice of the Englim law ? If they had fent circular letters through the province, either printed or written, the Canadians in many places could not have read them : and if they could, you know the tedioufnefs and difficulty of making a fufficient number of copies of any thing in manufcript for the general information of a whole people ; and you know alfo that there is but one printing-^ prefs in the province, and that that is under the direction of the government. To un deceive the Canadians compleatly upon this fubjecl:, and convey to them full informations concerning it, was therefore a thing impof- fible > though much had been done towards it by the Englifh inhabitants of the province in the way of con verfation, perhaps as much as could be done in that way, and with con- liderable fuccefs. This deluiio.ii of the poor Canadians concerning certain difagreeable con- fequences which they were falfeiy told would attend the eftablimment of the Englifh law, J confider as a fecond reafon of their not joining with the Englifh inhabitants of the province in their petitions to the king for its continuan.ee, But t ?9 i But a third and much flronger reafon for their declining to join in fuch a petition with their Englifh fellow- fubjects, was afalfe alarm that was fpread amongft them by their priefts concerning the fafety of their religion. They were told that even that would be in danger, if they joined with the Englifh inhabitants in their petition to the crown , that in that cafe a proteftant affembly would perhaps be eftablifhed, which would inftantly opprefs them, in that refpecl by introducing and en forcing the penal laws of England againft the priefts that mould perform mafs and the lay men that mould go to church to hear it ; all which they aifured them had hitherto beefi only fufpended by the difcretion and humanity of the Governour, but would foon be carried into execution when the good Governour s power mould be controuled by a turbulent aflembly of proteftants inverted with the fole power of making laws in the province. This was the alarm that had the greater! weight with them, and prevented them from joining with the Englifh inhabitants in their petition to the crown for a fettlement of the province iipon the foundation of the; Englifh law. And in [ 3 ] in the winter 1774, after the late aft of par liament had been palled and received in the province, when the Englifh inhabitants were preparing to fend over petitions to England for the repeal or amendment of it, and ths continuance of the Englifh laws, great num bers of the Canadians were difpofed lo join with them in making thofe petitions, and to declare that the petition which had been pre^ fented to the king in the name of the whole Canadian people in the fpringof the fame year 1774, and which had unfortunately been made the ground of the late a<fl of parliament, had been made without their confent, aqcj even without their privity and knowledge. An<i they even v/ent fo far upon that occaiion as to defire fome of the Englifh inhabitants to pre.- pare a paper for them to fign, expreffing thefe. fentiments : but, when the Englifh had pre pared fuch a paper, they were afraid to fign it on account of the alarm above-mentioned re lating to their religion, and excufed them- felves by alledging that they were wkh-held by their fuperiours, and commanded not to join the Englifh in any public reprefentations; for that, if they did, they would infallibly be deprived t 31 } deprived of their religion, but, if they re* mained quiet, they might depend upon it that the Englifh laws would not be changed 4 Upon this falfe alarm concerning their religion in cafe they joined with the Englifh in their petitions,- and the equally falfe aflurance that the Englifh laws then obferved in the province would not be changed if they remained quiet, they refolved to take the latter courfe, and refufed to fign the paper which they had fome time before defired the Englifh to draw up for them. I hope I have now accounted for the refufal of our poor Canadians to join with the Eng lifh inhabitants of the province in petitioning for a continuance of the Englifh laws in a manner that is confiftent with what I before faid of their being perfectly well fatisfied with them, fo far as they had had any experience of them, and of their great and general un- eaiinefs and apprehenfions of a renewal of their ancient fubjection to their noblefTe by the revival of the French law in all civil mat ters by the late at of parliament. ENGLISHMAN. You have indeed accounted for the conduct of your countrymen in this particular in a manner that gives me perfect fatisfaction* And by the circumftantial defcription you have given of the motives of their conduct, and the artifices that have been ufed to influ ence them, you have enabled me, as it were, to enter into the whole train and courfe of their thoughts and reafonings upon the fubject almoft as well as if I had refided all this while in the province, and converfed with them myfelf upon it. Indeed I pity them very heartily, as well as the Englifh inhabitants of the province, who Certainly had reafon given them by the king s proclamation in 1763 to expect better things than to fee the French laws revived in all civil matters, and to be governed by a legiilative council of fo very dependent a confHtution as I underftand this act of parliament to have eftablifhed, and this too without any limitation of time, fo as to remove from them all profpect of ever being governed by an aiTembly of the people as they had been promifed in tha t royal proclamation. FRENCH- 33 3 -\ ~ , FRENCHMAN. The Englifh complain bitterly of this in definite eftablifhment of a legiflative council in the province : and the more, as they had declared themfelves willing to accept of an open aflembly confifting of proteftants and Roman-Catholicks indifferently, in cafe his Majefly flioidd think fit to eflablifh an aflembly of that form; whereby the only objection which feemed to lie againft the practicability of eftablifhing an aflembly in the province, (which was the fuppofed danger of admitting papifts into it,) feemed in a great meafure to be removed. This declaration of theirs, they imagined, took away all pretence for refufing them an aflembly in pursuance of the royal promife contained in that famous proclama tion. For they fay they can hardly fuppofe that the Englifh parliament can any longer think the profefllon of the Roman-Catholiek religion a juft objection to a man s being chofen into an aflembly, fince they do not make it an obje&ion to his having a feat in the legiflative council, nor even to his having that jftill higher and more dangerous trufl, a mili- E tarjr [ 34 ] tary commiffion. This is what I have hear d many Englifhmen declare upon this fubjeft : and it appears to me very reafonable. But we Prenchmen, not having been ufed to aflem- blies, are more {hocked at the other parts of the adt, which revive the French laws, (and with them, as we apprehend, our ancient fubjeclion to the nobleffe,) and the legal obli gation to pay the priefls their tythes. ENGLISHMAN. I perceive by your account that the whole body of the people, both Canadians and Eng- lifh, are fadly out of humour at this acl: of parliament. I hope the rebels in the adjoin ing colonies will not take advantage of this unhappy difpofition to invade the country. For, if they mould, I doubt much whether they \vould meet with any refinance, if they offered fair terms to the inhabitants that ihould fubmit to them. FRENCHMAN. Very little, I believe; at leafl from the Canadians. And the Englifli inhabitants alone could not do a great deal againft a con- fideiable t 35 1 fiderable force, becaufe of the fnlallnefs of their number. And almoft all the troops have been lately drawn out of the province to reinforce General Gage s army at Bofton. So that I am greatly afraid, if the provincials mould fend an army, into the province, that it muft be over-run by them. But I hope the attempt will not be made, ENGLISHMAN. I hope fo too : or rather I wifh it may not. For, as the Englifh Americans all conflder the late Quebeck ad: as a manifest proof of an intention in the government of England to arm the Canadians and fend a body of them to attack the back fettlements of New- England and the other rebellious colonies, I am perfuaded the provincials will endeavour to be before-hand with government in this matter, and will make an attempt to invade this province before the Canadians are actually railed and embodied; more eipecially as the province has been drained of almoft all its troops, and the inhabitants of it, both French and Englifh, are known to be greatly difcon- tented at the late act of parliament, and con- E 2 fecjuently [ 3* ] fequently little inclined to take any a&ive part in the defence of the province againft them. Indeed we may conclude from their late attack upon the king s forts at Ticonderoga and Crown Point, (which they have taken by furprize in a moil unaccountable manner,) that the provincials have fuch a defign, thofe forts being, as it were, the gates of Canada. And I am told that within thefe few days, ever fmce the beginning of July, the troops they have left in garrifon at thoff places ppenly talk of fpeedily making the attempt, FRENCHMAN. If they mould invade us, I am almofl fure t]iey will meet with no refinance from the Canadians. Nay, I much fear that they would be joined by fome of them. So ftrangely have I hear d fome of them talk upon the fubjectj and fo great is their indig nation at the late acl: of parliament. ENGLISHMAN. Of the ill effefh of Indeed I very much fear that that acl: and theBoftcn- tharteraa the other angry acts agamft America, paned nd the . 1 r r i Quebeck in the Ipring of the year 1774, and particu- ;i.:t on the , , minds of larly tne Ame- larly that which alters the charter of the colony of the Maflachufets bay, and which is commonly called the Bofton-charter ad, will be the occafion of our lofmg the dominion of all America. For that Bofton-charter a6t has not only offended almoft every inhabitant of that poputeus and powerful colony, but it is confidered throughout America as a blow to the liberties of all the other provinces, and a leading ftep towards iimilar alterations in all the other charters. And the Quebeck-acl: has alarmed them ftill more than the Bofton- charter adr, by filling them with apprehenfions of two very dreadful evils ; the firft, that the Canadians will be armed and employed againft them to keep them in a flavifh fubjeftion to whatever laws and taxes the Britifh miniftry and parliament (which now are obferved to be very clofely connecled with each other,) mall think fit to impofe upon them j and that the Canadians are for that purpofe to be encouraged to continue in the popifh religion, and that, with that view, a legal provision is made by the acl: for the maintenance of the ptiefts who are to teach it them, to the end that they may be more tsadily djfpofed, in confequence [ 38 ] confequence of their religious opinions and their fuppofed averfipn to proteftants, to en gage in that odious fervice ; the fecond, that, as the Britifh parliament has taken upon itfelf to refcind the king s proclamation of Odober, 1763, and thereby to revoke his Majefty s promife of granting to the ^inhabitants of Ca nada a free government by an aflembly of the people, and to eftablifh in the faid province, inftead of fuch aflembly, a legiflative council conlifting of a fmall and a variable number of perfons nominated by the crown, and remove- able at its pleafure ; and this not for a few years only, while fome inconveniences might be fuppofed likely to attend the eftablifhment of an aflembly, but indefinitely, or without any limitation of time; 1 fay, from this proceeding of the Britifh parliament the Ame ricans conclude that a legiflative council, of the fame nature as this which has been efla- blifhed in Canada, is now become the fa vourite mode of government with the Britifh miniftry and parliament for the dependent dominions of the crown, and confequently that they would, if they could, and will, as foon as they mall be able, abolilh all the aflembjies C 39 1 affemblies in the American colonies, ancl eftablifh legiflative councils in their ftead. I know for certain that the famous Dr. Ben jamin Franklyn, in particular, has declared it to be his opinion that the miniflry entertain fuch a defign. You may eaiily imagine how deeply and generally an apprehenfion of this kind muft alarm and provoke the inhabitants of the Englim colonies in North America. FRENCHMAN. It mufl indeed. And I therefore do not at all wonder that the Englim Americans mould be as much difpleafed at this Quebeck-act as we Canadians and the Englim fettled among us, who are the more immediate objects of it. It is equally mifchievous to us all. But, pray, explain to me the nature of that other act, which, I think, you called the Bofton-charter act, and which, you fay, is almoft as alarm ing to the Englifh colonies in America as the Quebeck-act. And I beg you would do this very fully, as I am but imperfectly acquainted with the conftitutions of the Englifh colonies, and the grounds of the difcontents that have driven them into open rebellion againft our fovereign. t 40 ] fovereign. I have the more reafon to expert that you will not be fparing of your pains on this occaiion, as you muft allow that I have been very full and explicit in the anfwers I have given to the queitions you have made to me concerning the flate and fentiments of the inhabitants of this province, ENGLISHMAN. You impofe a very hard and tedious tafk upon me, and to which I fed myfelf to be very unequal ; more efpecially, if you extend your inquiries to all the Englifh colonies in America. However, I will endeavour to fatisfy you as well as I can, with refpect to the colony of the MalTachufets bay and the ad: for altering its charter. For I readily acknow ledge you have a right to all the information I can give you. of the You muft know then that when King the pro- James II. had quitted the throne of England, the C Maffa- which he had filled for four years in a manner bay t fcts moft difgraceful to himfelf and oppreffive to his people, the inhabitants of the province of the MaiTachufets bay were without a charter, and [ 41 ] and were governed (as this province, and the province of New York, and feveral other provinces in America, now are,) by the king s commiffion to his governour under the great feal of England. They had had a charter fome little time before, which was of a very popular nature, the election of the governour and council, and of all the other officers of government having been granted by it to the people, (as I have heard,) though in mofl other colonies they have only the election of the aflembly j fo that the crown had had little or no controul over them. But this charter had been taken from them a few years before by a proceeding at law, called by the lawyers a fcire facias, which had been inftituted againft them at the fuit of the crown in the latter end of the reign of king Charles II. that is, about five years before the abdication of the faid king James and the election of the prince of Orange by the two houfes of parliament to the office of king in his room j which moft happy and memorable event is ufually called the Revolution. What were the merits of this law-fuit againft that charter of the people of Bolton, I do not exaftly know. F It [ 42 ] It was alledged againft them in it, that they had exercifed fome powers of government which their charter had not granted to them : and this, and fome other irregularities in their conduft as a corporate body, were made the grounds of paffing a judgement againft them in the court of King s-bench in England, declaring that they had thereby forfeited their right to the faid charter, and that it mould be taken from them and become from that time utterly void and of no effedt. The motives of this profecution are agreed on all hands to have been bad, it being only one of many meafures, which were entered into at that time by king Charles II. and his wicked minifters, to increafe the power of the crown by depreffing the liberties of the people. But I believe the proceedings in it might be regular, and the judgement given againft the charter might be legal; and confequently that, when king William (that is, the good prince of Orange who had delivered the na tion from the tyranny of king James, ana had been thereupon eleded king in his place by the two houfes of parliament through grati tude for his great fervices and to defend them againft r 43 ] againfl the return of king James,) afcended the throne, the people of the Maflachufets bay had no legal right to refume the exercife of it They neverthelefs follicited very dili gently, and with great eagernefs, by their agents at king William s court, to have it given back to them. But they did not meet with fuccefs. The minifters of flate, (though friends to the liberties of the people upon the moderate and rational principles of the Eng- lifh government, which gives to the people a great mare in the legiilative authority of the flate, but referves to the crown the whole executive power of it,) did not think it wife to renew a charter ? when it Was legally diifolved, in which the crown had little or no mare even of the executive power of the government referved to it, and which they therefore thought was fitter to be the charter of a little trading borough than of a great colony that might one day confift of half a million of inhabitants. They therefore ad- vifed the king to give them another charter ppon a better plan than the former, and fitter to promote the good government of that Colony and to preferve its dependance on the F 2 crown. [ 44 ] crown. This advice was followed ; another charter was made out upon a new model, in the framing of which the famous Sir John Somers, (who was afterwards Lord Somers and lord chancellor of England, and who was reckoned one of the wifeft men and ablefl minifters of itate that was ever known in England) is thought to have been con cerned ; and it pafled the great feal of Eng land,, and was thankfully accepted by the majority of the people of the MafTachufets bay, notwithftanding the attachment of a fmall party amongft them to the popular pri vileges of their old charter. This happened in the year 1692 -, and fince that time till the late Bofton-charter act, that charter has been the rule of government in that colony. This charter has ufually been confidered as the befl-contrived charter in all America, having a due proportion of power referved in it to the crown at the fame time as a fufficient degree of weight in the government is be- flowed upon the people for the prefervation of their liberties and properties. And Go- vernour Hutchinfon, in his excellent hiftory of the Maffachufets bay, fays that it is in many t 45 1 ;";. - many refpefts to be preferred to the old charter, and that the people of the MafTa- chufets bay have no defire to return to the old charter, and do not envy the neighbour ing governments of Connecticut and Rhode Ifland, which have retained, and been go verned under, their ancient and more popular charters to this day, but that many of the moft fenfible men in thofe colonies would be glad to be under the fame conflitution of government that the province of the MafTa- chufets bay has happily enjoyed under their fecond charter. By this charter the crown has the right of appointing the governour, lieutenant-governour, and fecretary of the province; and the power of making laws for the province and of impofing taxes on its inhabitants, is vefted in the governour, a council confifting of twenty-eight members, and an afTembly of the people. The aflembly Conflitu- J r _ J tionofthg is cholen in a very fair and proper manner, afiembiy the freeholders in every townfhip in the pro- Maflachu. vince, that is, in every fpace of ground of fix miles fquare, that is cleared and fettled, (which is about the fize of one of the feigni- fcries in this province,) having a righfc to chufe two [ 4-6 ] two perfons to reprefent it in the general aflernbly. By this means the affembiy does, not confifl of a trifling number of members, (as is the cafe in many of tne other colonies, as, for inflance, in the province of New Yorkj where the afiembly confirms of only twenty- feven members,) but is a large and refpedlable body of men, that come from every part of the province, and confequently are acquainted with the condition, the wants, and the in- terefls of every part of it, and who are too numerous to be bribed or inyeigled by the governour, or any corrupt party in the go vernment, to betray or neglect the true inte- refts of the province from a regard to their pwn private advantage. I have been told that there have been ufually more than a hundred members of the arTembly met together of late years when the governour has called a meeting of the general court of the province j (for that is the proper name of the whole legiilature of the province, coniifting of the governour, council, and arTembly, by which it is called in the charter 5) and they might, jf the people chofe it, be increafed to two hundred, becaufe many of the town mips, which which have all a right to fend two members to the aflembly, have hitherto fent only one And even this number will be increafed as the cultivation and population of the province mail increafe, becaufe every new townmip that fhall hereafter be laid out and fettled, will have a right of fending two new members to the aflembly. I have often thought that this manner of conftituting an aflembly would be Acohi-e- " t nientforni very fit to be adopted in Canada, whenever of an af- his Majefty mall be gracioufly pleafed to rhe P ro- fulfil the promife made us in his proclamation Quebeck. of granting us a houfe of aflembly, and that the beft aflembly that could be eftablimed for this province would be one to which every feigniory in the province the extent of which is two leagues, or fix miles, fquare, (and which confequently anfwers to a townmip in the province of the Maflaehufets bay,) fhould fend two members, and every larger feigniory more members in proportion to its fize. And, as there are in this province two diftincl: fets of land-holders, who are both equally free holders, or who equally hold their lands to themfelves and their heirs for ever by a known and certain tenure, or upon certain known conditions/ [ 48 ] conditions, and without any dependance on the will of any other perfon, fo long as they mall perform thbfe conditions ; and who con- fequently are equally intitled to a mare in the government of the province ; namely, firft, the feigniors, who hold their lands imme diately of the crown by the tenure of fealty and homage, without any quit-rent whatfo- ever, together with a few other perfons who hold lands alfo immediately of the crown, but by rent-fervice, and, fecondly, thofe who hold lands of the feigniors either by fealty and homage (in which cafe the lands they hold are called arriere-fiefs,) or by rent- fervice, or, as you Frenchmen exprefs it, par cens et rentes-., it feems reafonable to me that one of the two members fent from every feigniory mould be chofen by the feignior, or, (if there are feveral co-feigniors or joint owners of the feigniory,) by the feveral co- feigniors who own the feigneurial property of it, and the other by the peafants of the feigniory, and the owners of arriere-fiefs in it, who hold their lands of the feignior, or co- feigniors, of it. And I further think it would be advantageous to the province, that the members V t 49 ] .; . members chofen by the feigniors and thofe chofen by the other freeholders fhould fit in different houfes, each of which fhould have a negative upon the proceedings of the other^ as is the cafe with our two houfes of parlia ment in England, What think you of this plan of an alTembly for this province ? Could it eafily be eftablifhed in the province, and would it anfwer the good purpofes of an affembly ? or is it (as I am told fome people have called it,) a mere vilionary and im practicable whim ? FRENCHMAN. I fee no difficulty at all in forming art afTembly in that manner. On the contrary it feems naturally to refult from the manner in which our lands are held in this province. There are two claffes of land-holders amongft us, an upper and a lower. The feigniors, and other perfons who hold their lands im mediately of the crown, form the upper clafs ; and thofe who hold their lands of the feigniors, form the lower clafs. Their interefts, though not contrary, are diftincl: from each other; which makes it reafonable that they fhould G have [ 5 1 have diftinft reprefentatives, and that the re- prefentatives of the one clafs mould have a negative upon the laws propofed by thofe of the other, to the end that nothing may be done by the reprefentatives of either clafs that is prejudicial to the rights of the other: and for this purpofe it is expedient that they fhould lit in two feparate houfes. And this diviiion of the affembly into two houfes would be attended with this further advan tage, that all the regulations that would be propofed in it would be difcufTed with more folemnity and deliberation, and would be more thoroughly -fifted and examined, before they would be patted there and prefented to the governour for his affent, and confequently would be more likely to be purged of every thing that might be pernicious to any interefl in the province, than if all the members of turns to be the aflembly fat and voted promifcuoufly in hindeJthe tne ^ ame houfe. I hope however that care will be taken by his Majefty and the Britifh fro e m af- parliament, whenever an aflembly mall be eftablimed in tm " s province, (whether it be in One cr two ^ ou ^ es >) tnat our reprefentatives their fei- fhall be reftrained from afluming to them- low-Tub- jefts by their own votes* felves any privileges, or exemptions from the laws to which the other inhabitants of the province mail befubjecl; but that every thing of this kind, which may be neceffary for their eafe or dignity, or for the convenient dif- charge of their duty as aflembly-men, will be fettled by the act of parliament that mall eftablifh the aiTembly. And I ftill more hope And from 1 exercmng that they will be retrained from exercifing, coercive . ^ r r powers under any pretence now Ipecious loever, a overthm. coercive power over the reft of their fellow- fubjects, or a power of punifliing them by imprifonment, or otherwife, in a fummary way, for any crimes or offences whatfoever, inftead of leaving them to be tried in the ordinary courts of criminal jurifdiction in the province. For this would be making us llaves to our own reprefentatives, which would appear to us, who have hitherto been governed by the royal authority only, a meaner fpecies of fervitude than that we have hitherto been fubjecl: to. I mention this precaution, be- caufe I have been told that fome of the American afTemblies have exercifed fuch powers of arbitrary imprifonment every now and then over their fellow-fubjecT:s. G 2 ENG- [ 52 ] ENGLISHMAN. It Is true that fuch a power has fometimes been exercifed by fome of the American aflemblies. But I believe it has not been done very often j and when it has been done, it has ajways been difapproved by all the lovers of liberty in the province where it has happened, and has tended to leflen the authority and importance of the aflembly that has aded in this manner rather than to increafe them. And I have been told that it is one of the king s ufual inftru<ftions to his governours of his American provinces to prevent their refpective aflemblies from alTuming any fuch powers $ which in truth are branches of the executive power of the ftate, and confequently belong only to his Majefty s royal prerogative. And therefore there is reafon to hope that, when an aft of parliament mall be pafTed for eila- blifhing an afTembly in this province, his Majefty s minifters of ftate in the two houfes of parliament will take care that a claufe ihall t>e inferted in it for reftraining the members f>f it m the particulars you have mentioned, FRENCH- FRENCHMAN. There is another particular which I will / r pfaboiilh- mention upon this occafion, becaufe I think ing the ju- rr i r ^. r i rifdidioiu it necenary to the perfect enjoyment of the of thefeig- benefits that will arife to us from a houfe of Canada, aflembly : and that is the abolition of the jurifdicftions of the feigniors of the province over the tenants of their refpedive feigniories. You know that in moft of the grants of fiefs, or feigniories, made by the kings of France in this province there is a claufe which gives to the grantee, or feignior, Le droit de haute* moyennC) et bajje juftice> or a very extenfive power of judicature over the tenants of their refpedive feigniories. It is true indeed that this kind of judicature has never been exer- cifed in the province fince the conquefl of it by the crown of Great-Britain in 1760. And it is alfo true that very few of the feigniors are rich enough to bear the expence that would attend the proper and compleat exercile of it; which would require the maintenance of a feigneurial judge, a feigneurial, or fifcal, Attorney, and the keeping of a prifon in. proper repair for the confinement of crimi nals. t 54 1 nals. And I know alfo that in the time of the French government the exercife of this power was very much checked and controuled by the officers of the crown, more efpecially with refpecl: to the profecution of capital crimes, and that no criminal could be put to death by the fentence of one of thofe feig- neurial courts, nor even by that of the king s judge of the district in which the feigniory was fituated, or the offence committed, until it had been confirmed by the fuperiour coun cil of the province at a meeting of at leafl feven of its members. All thefe things I know very well, and am fenfible how much they diminifh the danger of our being op- prefTed by the feigniors of the province by means of thefe feigneurial jurifdidions. Yet there is ftill danger enough left of fuch cp- preffion to alarm us and make us uneafy : for we are of opinion that even the bajje juftice> which is only a power of deciding fmall civil difputes between the tenants of a feigniory, might be ufed to the opprefiion of the people, though the haute and the moyenne jit/lice, which relate to the punifhment of crimes, ihould be fuppreffed : and we have no doubt that it would t 55 1 : , would be often ufed to fuch bad purpofes. We don t therefore like that the feigniors mould retain even a dormant claim to any part of this power of judicature, which they may, one day or other, think fit to revive and exercife, to the terror and oppreffton of their fellow-fubjefts : but, on the contrary, we are anxioufly defirous that the whole of it may be formally fuppreiled. I agree with you that thefe powers of judi cature, which are granted to the feigniors and their heirs and affigns for ever in the French king s grants of the feigniories of this province, are not very favourable to liberty, nor likely to prove beneficial to the province. But I have fome doubt whether they can be totally abolifhed, otherwife than with the confent of the feveral feigniors who claim them, without a breach of the articles of capitulation in 1760, which I have always thought ought to be facredly obferved. The 37th article of that important instrument is in thefe words. " The [ 56 ] " The lords of manors, the military 1 and " civil officers, the Canadians as well in the ** town as in the country, the French fettled " or trading in the whole extent of the co- " lony of Canada, and all other perfons ** whatfoever, mall preferve the intire peace- " able property and poileffion of their goods, f< noble and ignoble, moveable and immove- " able, merchandizes, furs, and other effeds, " even their mips : they mail not be touched, " nor the leaft damage done to them, on any " pretence whatfoever. They ihall have " liberty to keep, let, and fell them, as well " to the French as to the Englifh, to take " away the produce of them in bills of " exchange, furs, fpecie, or other returns, ** whenever they mall judge proper to go * to France, paying the freight, as in the " 26th article." This article was granted by General Am- herft, and confequently the lords of manors, or feigniors, of the province have, by virtue of it, a right to preferve the peaceable pro perty and poffeffion of their noble goods, that is, of their feigniories, which are holden of [ S7 ] of the crown by the tenure of fealty and homage, which is reckoned a noble tenure. The queftion is only how far this promife " that they ft all prefers the peaceable poj/e/ftott of their feigniories* extends, and whether it involves in it all the powers of judicature belonging to thofe feigniories, (of which it is probable General Amherfl had not, at the time of granting this capitulation, the fmalleft idea,) or only thofe rights of the feigniories which were of a pecuniary nature, or which were productive of pecuniary emoluments to the feigniors, that being evidently the prin cipal object, if not the only one, that was then under the coniideration of both the parties to this capitulation. In which of thefe fenfes do you think we ought to under- ftand this article? FRENCHMAN. Certainly in the latter fenfe, which confines the grant of the property and poiTeffion of the feigniories to fuch things as are attended with pecuniary emoluments to the feigniors. General Amherfl certainly never meant by thofe words to confirm to the feigniors of o H Canada [ 58 ] Canada any part of the powers of government in it, of which thefe powers of judicature make an important part. Nor is it reafonable, upon any principles of candour or equity that I am acquainted with, to interpret the words in fo large a manner as to include thefe powers : becaufe, as I apprehend, the moft reafonable rule of conftrudion that can be made ufe of to find the fenfe of any inftru- ment that does not exprefsly mention every particular thing which it may be fuppofed to comprehend, is, even upon the moft liberal principles, no more than this, namely, " That fuch things, though not exprejjedin the mjlrument , ftall be prefumed to have been meant to be com prehended in it, and JJ:a!l therefore be conjidered as if they had been exprefify mentioned in it, as are of the fame nature with the things that are exprefsly contained in it" Now, according to this rule, the powers of judicature, granted to the feigniors of this province by the French kings in their deeds of grant of the feigniories, ought not to be confidered as a part of the goods, noble and ignoble, of which General Amherft promifed to preferve to them the property and pofleiHon in the aforefaid 37th article t 59 1 article of the capitulation. For, if thefe words were to be taken in their ftqcl: and literal fenfe, they would extend only to cor poreal property, fuch as the freehold lands of the tenants of the feigniors, and the de- mefne lands of the feigniors themfelves, (that is, thofe lands of the feigniors which they have not granted away to their under tenants in perpetuity, but have kept in their own hands, to be cultivated either by them felves and their fervants and hired labourers, or by tenants at will, or for years, at certain rents agreed upon between them, and varied from time to time at the pleafure of the parties,) and cattle, corn, hay, houfe-hold furniture, flock in trade, iilver and gold either in coin or bullion, and bonds, bills of exchange, and promiflbry notes, charters or title-deeds, and deeds of covenant, or other writings containing evidences of rights to money or other things that are worth money ; becaufe thefe things, and only thefe things, that is, things of this corporeal nature, are properly goods, being things that a man may touch, occupy, and poiTefs. But incorporeal rights to goods, or to money, fuch as that right H 2 Of [ 60 ] of the feigniors of this province which is called Le droit de laods ei venfes, (which, as you well know, is a right to a fine from every purchafer of a piece of freehold land in the feigniory, for his admiffion to the land he has purchafed, of one twelfth part of the price he has paid fork,) and fuch as the right of a creditor to be paid the money due to him, whether it be for money lent, or for goods fold and delivered, or for work done for the debtor, where the creditor has no bonds, or notes of hand, or other written acknowledge ments of the debt to produce in proof of it, hut can only prove it by the oath of credible witnefTes, are not properly goods, becaufe they are not things in pofleffion, which a man may occupy and enjoy ; but are called by the diftind: names of rights and credits. Never- thelefs I acknowledge that, by virtue of the equitable rule of conduction above-mention ed, all thefe things ought to be confidered as being comprehended in the aforefaid article of the capitulation under the lingle word goods, and that that word ought to be confidered iji that place as equivalent to goods, and rights and credits relating to money or goods ; becaufe rights and i[ 61 ] and credits relating to money or goods arc things of the fame nature with money and goods, and confequently may well be pre- fumed to have been comprehended under the word goods by the parties to the capitulation. But it does not therefore follow that we ought to extend this word goods in this article ftill further, and include under it the powers of judicature veiled in the feigniors of Canada by the grants of their feigniories : but we ought rather to fuppofe that they were not meant to be comprehended under it -, becaufe they are rights of a quite different nature from money, or land, or property of any kind, which were evidently the objeds of this ar ticle of the capitulation. And therefore I think that our feigniors have no pretence to claim thefe powers of judicature by virtue of this article of the capitulation. And I am pretty fure there is no other article in it that can afford them the leaft ground for fuch a claim. On the contrary, there is one article in it which in my opinion makes againft it, and rather favours the foregoing interpretation of the 37th article, by which the word goods } retrained to mean only matters of property, whether t 62 ] * in actual pofleffion or in right. The article I mean is the 420!, in which our ge- Hr,al, the Marquis de Vaudreuil, demanded, <c that the French and Canadians Jhould continue " to be governed according to the cuftom of Paris <c and the laws and ufages eftablijhed for this " country ;" to which General Amherft gave this anfwer, " Anfwer ed by the preceding articles, " and particularly by the laft? the anfwer to which laft article is in thefe words, " They " become fubjeEls of the king" Surely by thefc words we muft understand that the fettlement f the laws and civil government of this country was efteemed by General Amherft to be a matter of fuch high importance, that he thought it neceffary to referve it for his Majefty s future and moil mature deliberation, without promiiing any thing in the capitula tion which might reftrain his Majefty from cxercifing his royal wifdom upon it to fuch extent as he mould think proper. And, if this is the true meaning of this anfwer to the 4ad article of the capitulation, it will ferve, as I conceive, to interpret the 37th article of it above-mentioned, and mew that, by the promife to preferve to the feigniors of the province [ 63 J province all their goods, both noble and ignoble t moveabk and immovable, General Amherft could not mean, and ought not to be under- Hood to have meant, to include the powers of judicature above-mentioned, but only their property of every kind, and fuch rights as relate to it or are productive of pecuniary emoluments. Nothing can be fairer than thus to interpret one claufe of an inftrument, in which the meaning of the writer of it happens to be a little doubtful, by another claufe of the fame inflrument, in which his meaning is perfectly clear. ENGLISHMAN. You argue ftoutly againft thefe powers of judicature in your feigniors : by which I plainly perceive that you are exceedingly averfe to their ever refuming the exercife of them. But, notwithflanding the reafons you have alledged to the contrary, I have ibme doubt whether thofe powers ought not to be confidered as included under the grant made to the feigniors of all their goods, noble and ignoble, moveable and immoveable, in the aforefaid 37th article of the capitulation; and [ 6.4 ] and that upon a ground^that is confident with your manner of interpreting that article, (which I believe to be ; a juft one,) by which you extend the word goods only to fuch in corporeal rights as relate to property, or are productive of pecuniary emoluments. For I have been told that thofe powers of judicature are attended with fome pecuniary emoluments. Thus, for example, I have heard fome of the more learned Canadians , fay that the feign iors who have thefe powers of judicature, haute, moyenne, et bajjc, jujlice^ have a right, in con- fequence of thefe po\vers, if they exercife them, to the efcheats of the lands of their freehold tenants when they die without rela tions, and wjthout having left their lands away to any body by their laft wills, and perhaps in fome other cafes ; whereas, if they have no right, by the grants of their feigni- ories, to exercife thefe powers of judicature, or if, having fuch a right, t they negledl to exercife it, they are not intitled to the lands of their tenants by efcheat, as aforefaid, but thofe lands will in the fame cafes efcheat to the king, to whofe tribunals the tenants of fuch feigniories will have been obliged to rcfort t 5 ] refort for juftice ; the efcheat of the lands being conildered as a kind of compenfation, or price, to the feignior, or the king, for the adminiftra- tion of juftice in the feigniory. Now, if this is fo, (as I really believe it is,) you fee that thefe rights of judicature are, or maybe, pro ductive of pecuniary emoluments to the feiguior by thefe efcheats of fome of his tenants lands, and, confequently, according to your own man ner of interpreting the aforefaid 3/th article of the capitulation, ought to be fuppofed to be comprehended under it. For, if they are not comprehended under it, but are fuppofed to be refufed and abolifhed, the feigniors will, to gether with them, lofe the concomitant cafual emoluments that might otherwife arife to them from thefe efcheats of their tenants lands. FRENCHMAN, I believe it to be true, as you fay, that the feigniors that have the haute juftice, (which is the higheft of thefe powers of judicature,) have alfo, in confequence of it, a right to the efcheats you mention. But this, in my apprehenfion, creates no obligation on the king and parliament of Great-Britain to preferve to I them t 66 ] them thefe rights of judicature, if they think them not beneficial to the province, provided his Majefty will be gracioufly pleafed to give thefe feigniors this right to thefe efcheats with out the exercife of thefe obnoxious powers. For then they will have the contingent emolu ments arifmg from thefe powers, for the fake of which emoluments only it can be pretended that thefe powers ought to be comprehended in the aforefaid 37th article of the capitula tion. This will be a very fmali facrifice for the crown to make for the peace and fatis- faction of the province, thefe efcheats being fo exceedingly rare that the average value of them in the beft feigniory in the province would probably be extreamly trifling, or, rather, be low all eftimation. This, therefore, is an eafy way of getting rid of this pretence for keeping up thefe feigneurial jurifdiclions. ENGLISHMAN. I really think, that would be a very proper meafure in the crown, and would, as you ob~ ierve, take away all pretence for complaining that the fuppreffion of thefe jurifdiclions would be inconfiftent with that 37th articie of the capitulation. [ 67 ] capitulation. And, if there are any other pe cuniary emoluments attending the exercife of thefe jurifdidions under the reftridions ob- ferved in the time of the French government, (for to no other exercife of them can the feigniors have the leaft pretence upon any ground,) it would, I doubt not, be very ealy to find fome manner of making the feigniors a pecuniary compenfation for them, which mould, with little or no expence to the government, greatly over-balance all the lawful emoluments anting from the exercife of thofe jurisdictions. I have two methods of doing this at prefent in my mind : but it is not worth while to trouble you with the mention of them, becaufe I am inclined to think that thefe feigneurial jurif- didions are attended with no other pecunia ry emoluments than the right to thofe cafual efcheats that have been already fpoken of. And therefore, I now fee no difficulty arifing from the aforefaid 37th article of the capitulation in aboliming thofe jurifdidions, if the exercife of them is likely to be prejudicial to the pro vince, or is likely to be thought fo by the ma jority of its inhabitants : for all governments ought certainly to be carried on in a manner that is agreeable to the people. I 2 FRENCH- [ 68 ] FRENCHMAN. That maxim is both a juft and a wife one. It is juft, becaufe all governments are infti- tuted for the benefit and happinefs of the peo ple governed j and it is wife, becaufe the ob- lervation of it tends to preferve peace and har mony in the ftate, and a chearful obedience to the rulers of it. And in purfuance of this maxim I will venture to fay, that it is highly expedient that thefe feigneurial jurifdic~Hons fhould be formally fuppreffed. For, I mud repeat to you what I faid before, that the very poffibility that our feigniors may one day re- fume the exercife of thofe powers of judica ture is alarming and difagreeable to us. And certainly, if they were to refume them, and an aflembly of the people was to be eftablifhed in the province, whether of the form you have juft now fuggefted, and which feems the befl fuited to this province, or of any other form whatfoever, the exercife of thefe powers of judicature would give the feigniors fo great an ipfluence over the freehold tenants of their refpective feigniories that they would hardly dare to give their votes freely, and according to [ 69 1 jto their real fentiments, where they happened to be of a different opinion from the feigniors upon any fubjecl in which the latter took a zealous part. So that the fuppreflion of thefe jurifdiclions is a neceflary preparatory circumftance to our en joyment of the benefits of an affembly of the people : and I am fure the whole body of the freeholders of the province will efteem it fo. If they all think fo, that is enough for me ; and, in compliance with their wifhes, even though I had not agreed with them in opi nion concerning the dangers they apprehend from thefe powers of judicature, I mould wi(h to fee them abolifhed. I therefore join with you in hoping they will be fo : only I hope that, when they are, the obligations on the crown, arifing from the capitulation, will be fully and candidly confidered, and, if any com- penfation is neceflary to be made to the feigniors for the deprivation of thefe jurifdiclions, that it will be made them in a manner that mall be confiftent with juftice and the honour of the Englilh nation, . i . ! * FRENCH- [ 70 ] FRENCHMAN. You are mighty fcrupulous about this mat ter. For my part, I have no objection to their having u compenfation for thefe jurifdidions, if juftice requires that they mould have one : but of this I doubt for the reafons above- mentioned. However, if, upon a more exact inquiry into the matter, they mall be thought to be intitled to fuch a compenfation, I am perfuaded, that it can be but a fmall one. And I have no manner of doubt, that five Englifh guineas, together with a grant of that right to the efcheats of their tenants lands, which we fpoke of a little while ago, as be longing to thofe feigniors wbo have and exer- cife the haute jnflice in their feigniories, would be more than an equivalent for all the pecu niary emoluments that can juftly arife to the feignior from the exercife of thefe powers of judicature in the largeft and befS; feigniory in the province : 1 fay, for all the pecuniary emoluments: which are the only ad vantages at tending thefe jurifdictions, for which I think them intitled to a compensation. How to eftimate the lofs of dignity they will fuffer by an [ 7 1 an abolition of thefe powers, that is, the de privation of the pleafure of domineering over and harraffing their poor tenants by means of them, I confefs, I do not know : but for this lofs I am clearly of opinion, that they are not intitled to any compenfation ; becaufe, if their rights of judicature are preferved to them at all by the aforefaid 3/th article of the capitu lation, they are preferved only fo far as they are a part of their goods, or property, or are productive of pecuniary emoluments to them. But we have faid enough upon this fubjecl, which has too long interrupted you in the ac count you were giving me of the charter of the province of Mafiachufets bay, and the al terations which the parliament has lately made in it. I beg, you would proceed in your ac count of that affair, and make me acquainted with the caufes of the great diflatisfadion it has created throughout all America. You had explained to me the nature of the aflembly of the Maffachufets bay, the number of its mem bers, and the manner of chufing them, but had not faid any thing of the council of the province, excepting that it confifted of 28 members. [ 72 ] members. Pray, how were thofe members appointed ? ENGLISHMAN. of the They were chofen every year by the whole ?hep C ro- general court, that is, by the aflembly and the theMaiia- members of the council for the preceding year b!)yk tS voting all together ; and then they were pre- fented to the governour for his approbation. If he approved them, they became members of the council for the next year : but, if he rejected them, the affembly and the members of the old council were to proceed to a new election of other perfons to be prefented in like manner to the governour for his approbation j and thefe elections were to be repeated till fuch perfons were chofen as the governour fhould approve. Thefe elections were to be made en the firft day of May in every year, which was the day on which the new affembly was to The af. meet. For in this province a new affembly is fembly is .... . .. . chofen chofen every year ; which is a very judicious . year. provifion, as it keeps up a clofe connection between them and the people, and makes them be really, what they always profefs to be, the reprefentatives of the people, the declarers of their i 73 1 their fentiments, and protectors of their liber ties and interefts. FRENCHMAN. I approve much of that practice of cbufirtg The ut;n- a new affembly every year. For, if they were quentnew chofen for many years together, there would of the f i i t i 11 members be reafon to apprehend, that they would grow of the af- proud and infolent, like our noblefle, and fet up a feparate intereft of their own, diftinct from that of the people at large. They might be tempted to affume to themfelves, (either by their own votes, or with the affiftance of the governour and council, as they (liould firid moft convenient,) great privileges and dlflinc- tions above their fellow-lubjecls, and perhaps alfo arbitrary powers over them, under various pretences of publick good, and decorum, and dignity, and the equity of afligning rewards to thofe who tranfacT: the publick bufmefs : or, at leaft, they might procure all the magiftra- cies, and military commiflions, and offices in the revenue, and other lucrative employments in the province, and all the temporary and occafional contracts and leafes of publick lands or taxes, and all the other favours of govern K ment, [ 74 ] inent, to be diftributed amongft them, to the prejudice of the reft of the people, whofe hopes of obtaining thefe advantages in pro portion to their feveral degrees of merit and fervice, would be thereby in a manner extin- guifhed. This, I have hear d, ; is the cafe in the Canton of Bern in Switzerland, where the government is lodged in the hands of a great council confifting of about two hundred mem bers, who fill up their own vacancies when they happen, without any interference of the people. No honourable or profitable employ ment is ever beftowed upon any but thefe two hundred perfons, or their near relations ; and the reft of the. people are confidrred as fo many cyphers in the ftate, very much to their diflatisfaction. And the fame kind of injuftice would probably take place, though in a lefs degree, in the province of Maffachufets bay, if the aflembly, when it was once chofen by the people, was to continue in being for many years together. It was therefore wife in the framers of their charter to provide, that the aflembly mould be chofen a-new by the people of the every year. As to the council indeed, 1 do council. J J aot think there was the fame neceflity . ror making r 7$ * making the members of it annual. Perhaps it might have been better, when once they had been chofen into the council in the fair and honourable manner you have defcribed, by the joint confent of the general court and the king s governour, to have permitted them to keep their feats for life, or during their good behaviour. By being made thus inde pendent both on the governour and the aflem- bly, they would have acquired a greater de gree of weight and authority in the govern ment, and their opinions and refolutions would have been more refpecled by the people than they are likely to be under their prefent confti- tution : and they might thereby have been more ufeful in preferving the peace of the pro vince, and mediating, as it were, between the governour and the aflembly, when any dif- putes, or differences, mould have arifen between them ; which, I prefume, was one of the principal purpofes for which they were infti- tuted. ENGLISHMAN. Perhaps it might have been better, when this charter was granted to the province by Jung William, to have conftituted the council K 2 in in the manner you defcribe. I incline to think it would have been fo: and, for the reafons you havfc mentioned, I have often wifhed that the councils of thofe American provinces, which have no charters, but are governed merely by the king s commiffions, by a governour, coun cil, and aflembly, were eftablifhed in the man- iv^r you mention, for the lives or good behaviour of the members that compofe them, inftead of mak ng the members of them wholly de pendent, (as they now are throughout all thofe provinces,) on the pleafure of the crown or governour for their continuance in that office. And I mould likewife be glad to fee the num ber of the members that compofe the councils, (which now is only twelve perfons,) increafed to thirty or thirty-one, and originally chofen in the fame manner as in the province of the MafTachufets bay, by the joint confent of the aflembly and the governour - t though, if they were all to be appointed only by the king or {he governour, it would frill be a confiderable improvement of the prefent conftitution of the cpuncils of thofe provinces in favour of the liberty of the people, they being at prefent appointed ,.. [ 77 1 appointed originally by the king alone, and alfo removeable intirely at hi/? pleafure. .ed A council constituted as thofe are can, as I imagine, be of no weight, or eftimation, in the eyes of the people, and confequently of no ufe in a time of civil difcord. For the people will naturally fuppofe that a council confiding of perfons who were both originally appointed by the crown and may be removed at any time at the pleafure of the crown, can be nothing but an echo of the governour s fentiments, or at beft a neutral and filent fpeclator of the difputes between him and the aflembly, inftead of a free and open aflertor of the caufe of that party which they really conceive to be in the right. But, pray, tell me how the council of the Mafla- chufets bay have ufually afted in times of diffi culty, when the affembly has had difputes with the governours of the province, (which I am told has often happened in that province) before the late difturbances that have prevailed in all the Englim provinces in America for thefe ten years paft. Did they, on thofe occafions> take part with tbe aflemblj againft the governour in [ 7 ] . in a manner that impartial people thought blameable, fo as to manifeft a great dependance on the affembly, and h/ ear f not being re- chofen by them into***/ council at the next election ? or did they mew a difpofition to fupport the governour s authority in all matters that were not inconfiftent with the privileges granted to the people and the affembly by the charter ? For experience is the beft guide we can follow in difquifitions on political inftitu- tions, and its leffons are greatly to be preferred to the conclufions that can be drawn from mere reafon and fpeculation concerning them even by the moft fagacious perfons. ENGLISHMAN. It certainly is fo: and I am told that the evidence it affords on this occafion is much in favour of the conftitution given to the council of the Maffachufets bay by king William s charter. For, though they have depended on the favour of the affembly for a re-eleclion to their feats in the council, they have ufually, till of late years, taken part with the governour againfl the affembly where his preteniions have had any fhadow of reafon to fupport them, and they have [ 79 ] have always oppofed the attempts of the aflem- bly to encroach on the prerogative of the crown. This I have been afTured of by a very refpe&able merchant of Bofton with whom I converted in the month of December, 1769, who was very independent in his fituation and circumftances, being an elderly (ingle man and porTefled of a very confiderable fortune, which he had ac quired by his flcill and induftry in trade. He died about two years after, and left, as I was aflured, not lefs than .20,000 fterling. He very much difapproved the riots that had hap pened at Bofton in the year 1768, in oppofition to the cuftom-houfe laws, and which had occafioned the quartering four regiments of foldiers in the town to preferve the peace of it ; and he much approved the meafure of lending thofe foldiers thither for that purpofe, and commended their behaviour during the time they had been quartered there, not with {landing the abuie which many of the difcontented in habitants of Boflon were continually pouring out againft them : and he lamented the re moval of two of thofe regiments from Bofcon in the year 1769, which had given encourage ment to the difcontented and violent party in that [ 8o ) tha"t tov^n to renew their riotous proceedings, and to provoke and infult the foldiers of the two remaining regiments, (which confided of only fix hundred men,) by threats as well as ill language in a manner that was almoft paft bearing; which, a few months after, brought on that unhappy quarrel in which five of the mofl riotous perfons of a mob of an hundred men, that infulted a centinel on duty, were killed by a party of twelve foldiers that came to the centinel s affiftance. This happened on the 5th of March, 1770, and has very unjuftly been called a maflacre by the difcontented party of the di- at Bofton. For the fact was limply this. A fturbance .11 at Bofton centinel, who was on guard at the cuftom- of March, houfe, was infulted by a mob of riotous perfons for more than two hours together, and at la-ft was fb clofely prefled upon by them that he was afraid of being driven from his poft, and there fore rung a bell for affiftance to fupport him in it. Upon this captain Prefton, an officer of merit, and a guard of twelve foldiers, came out to his affiftance, and placed themfelves near him for that purpofe. The mob, which con- lifted of about an hundred men, continued their infults on the centinel and the other fol diers, t Si j diers, and proceeded fb far in their fury as to pelt them with large lumps of ice, and even to ftrike fome of them with flicks or bludgeons, which provoked them to fuch a degree that, without any order from their officer, they, of their own accords, fired their pieces at their afTaulters, irregularly and one after the other, partly from a motive of felf-defence and partly from a fudden and natural refentment at the ill ufage they had received : and by this fire five of the ringleaders of the mob were killed. The increafe of the number of riots at Boftori foon after the removal of the firft two regiments o from it, made the friends of government, and this gentleman among the reft, apprehenfive of fome fuch fatal misfortune -, and therefore they were forry that they had been removed. I have mentioned thefe particulars concerning the gentleman I here allude to, in order to fhew that he was not a factious and difcontented man, or an enemy to government in general j though it rnuft be confeiTed he did not approve the {lamp-act, nor the principle of taxing the in habitants of that province by the authority of the Britim parliament. He was therefore, upon the whole, as I conceive, as impartial L and [ 82 ] and candid a witnefs as could well be chofen to give a true account of the ufual temper and conduct of the council of that province on the unhappy occafions of difputes between the governours and afTemblies. And he gave me the account I have above related. He ipoke of times antecedent to the (tamp-act, as you, I think, propofed the queftion. For he acknowledged that fince that act the council had been very languid in their endeavours to fupport the governour s authority, and had fometimes even joined with the aiTembly in their complaints and remonftrances againft the meafures he efpoufed. But this he thought was not to be afcribed to their dependance on the affembly for a re-election, (fince on former occafions that dependance had not produced the fame effect,) but to the general prevalence of the opinion that the Britifh parliament had no legal right to tax the inhabitants of that province, or, if they had fuch a right in point of ftrict law, that it was not equitable in them to make ufe of it -, which opinion he conceived to have been that of the members of the leveral councils of late years, that had difagreed v. ith the governours, as well as ot a vaft majority of the the other inhabitants of the province, and of himfelf among the. reft. FRENCHMAN. According to this account of the conduct of the councils of that province on former occafions there is little of no reafon to wifh that they had been conftituted otherwife than they were. For it ought not to be expected or delired that they Ihould affift or fupport the governour in oppofition to the aflembly in cafes where they really agree in opinion with the latter, and coniequently approve of their pro ceedings. This would be a dreadful kind of corruption for them to fall into, and would render them both odious and contemptible in the eyes of the people, and confequently of little ufe to the government. For it is the approbation of good and impartial men, who are qualified by their educations and fituations in life to judge of publick meafures, that gives weight and dignity to the conduct of pubiick officers, But, pray, proceed in your account of the charter of this province, and of the alterations which have been made in it by the Jate act of parliament pafled for that purpofe. L z ENG- ENGLISHMAN. The unwillingnefs which the council of the, province had {hewn of late years, (chiefly iince the pafling of the ftamp-act,) to fupport the authority of the governours in their difputes with the aflembly, gave prodigious offence to the governours, and occafioned them to write letters to his Majefty s minifters of ftate in Eng land, complaining of the refractory fpirit that, as they faid, appeared in the council as well as the aflembly of the province. And they afcribed this fpirit, not (as, I prefume, they ought to have done,) to the delicate nature of the fubject that was difputed between the governour and the afTembly, namely, the right of the Britim parliament to tax the Americans (which hardly any people in America have been willing to recognize,) but to the depend- ance of the members of the council on the aflembly for a re-election to their feats in the council; forgetting that on former occafions the council had often fided with the governour; againft the aflembly notwithflanding that de- pendance. And they even reprefented this change of conduct in the council as a matter of t 85 3 pf fuch high importance, and as being fo very prejudicial to the conduct of publick bufinefs in the province, that it was abfolutely neceffary to find a remedy for it. They therefore re commended to the miniftry the exertion of the fupream and uncontroulable authority of the parliament of Great-Britain to correct the charter of the province in this particular, and make the council lefs dependant on the affembly. FRENCHMAN. n ... .. j- . This was a very bold piece of advice. For, though it mould have been true that the council was too much influenced by its de- pendance on the affembly, and all the fenfible men in the province mould have perceived that it was fbj and have wifhed that the council had originally been made more independent, yet I mould think they would not like to have its conftitution altered without their own confent by the authority of fuch a diftant legiflature as the Britim parliament, over whofe proceed ings they had no influence or controul. The power of changing their charter for the Better, otherwife than at their own requeft, would involve jn it, as they would naturally fuppofe, the [ 86 ] the power of changing it for the worfe, which they might fear would be ufed on feme other occafion : and therefore T fhould have expected that they would be greatly dilpieafed at any alteration in their charter that fhouid be made without their own confent. ENGLISHMAN. It was certainly to be expected that fuch a meafure would greatly difpleafe them. And the miniftry of Great- Britain feemed for a long while to be apprehenfive that it would do fo. For, notwithstanding the fuggeftions of the governours of the province, they for a long time forbore to meddle with the charter, even till the unfortunate affair of the deftrudtion of the tea at Bofton in December, 1773. But that act of violence threw both the whole miniftry and parliament of Great-Britain, and, one may almoft fay, the whole Britiih nation, into a fit of indignation and fury againft the Americans, which lafted throughout the whole feffion of parliament in the fpring of the year 1774, and produced a feries of acts of parlia ment that favoured of the temper in which they were framed, being every one more fevere and 1 87 ) and vindictive, and alarming and irritating to the Americans, than that which was next be fore it, from the bill for Shutting up the harbour of Bofton, which was pafled the firft, to the Quebeck bill, which concluded them. FRENCHMAN. Pray what induced the people of Bofton to commit fo great an outrage, by which they were fo likely to draw upon themfelves the refentment of the mother-country ? And what do they alledge in j unification of fo violent a proceeding ? ENGLISHMAN. All their arguments in justification of this proceeding turn upon the grand point which has been fo warmly contefted of late years between Great-Britain and her colonies in Ame rica, the right of the Britim parliament to impofe taxes on the Americans. Had this point been clearly fettled, either in the affirma tive or the negative, between Great-Britain and her colonies, that act of violence would never have been committed. But, as that right was infifted on by Great-Britain and pofitiveiy denied bv [ 88 ] by the Americans, the endeavour to carry tt into execution has met with a refinance from the Americans, which they confider as being lawful, becaufe it is made to an illegal exertion of power. FRENCHMAN. of the Pray, upon what ground do the Americans pon deny the right of the Britilh parliament to tax which the J r Americans them r For we, Canadians, have always been that the told that the Britim parliament, confiding of has no the King, the Lords, and the Commons of uxthem. Great-Britain, are the fupream legiflature of Great-Britain and all its dependencies ; and accordingly we think ourfelves bound to fubmit to the late aft of parliament for regulating the government of this province, notwithstanding we much diflike it ; and, as to the other aft of parliament, for impofmg certain duties on ipi- rituous liquors in this province, which was patted at the fame time as the former, I have heard no complaints at all againft it either from the Canadians or the Englifh inhabitants of the province. We efteem the duties themfelves to be moderate and judicious, and fuch as it is reafonable the province fhould pay towards the maintenance maintenance of its own civil government, and we confiderthe authority of the parliament, by which they were impofed, as indifputably adequate to fuch an operation. Our notion of the change made in our political fituation by the conqueft of the province in 1760 is this; that, whereas we were before fubject to the fingle authority of the king of France, who might tax us and make laws for us in the manner he thought proper, we have fince that time been fubject in the fame degree to the joint authority of the king and parliament of Great- Britain, whofe power in Great-Britain is, as we have been informed, full as extenfive and uncontroulable as that of the king of France is in France; And by this change we confider ourfelves as being gainers, becaufe we think that a legifla- ture corififting of a King, a Houfe of Lords of more than two hundred members, and a Houfe of Commons of mote than five hundred members, having each of them a negative oh the refolutions of the other two, are lefs likely to pafs any acts by which we may be injured and oppreffed, than a king alone would be, who might be eafily impofed upon and led into bad meafures by artful and wicked minifters. M ENG- [ 90 J ENGLISHMAN. I intirely approve of your notions of the prefent political fituation of the province of Quebeck. It is the fame with that which I have always entertained myfelf upon that fub- j.et. It would indeed be a ftrange dodtrine to fay that, when a country has been conquered by the Britim arms, and afterwards formally ceded to the crown of Great- Britain, (as this has been,) it fhould not become fubjecl, in point of legiflation and taxation and every fpecies of political government, either to the king alone or to the king and parliament con jointly. The only doubt which has been for merly made upon this fubjecl; has been whether the king alone did not, upon the conqueft and ceffion of a country to the crown of Great- Britain, become intitled to the whole power of government over it, without the concur rence, or interference, of the parliament. And many Englifli lawyers have formerly been of opinion that the king did become intitled to this power. But the other opinion, of the right of the parliament to a (hare of the legiflative au thority over fuch new-acquired country as well as as over the ancient porTeffions of the crown, feems to be more reafonable, and, I think, is more generally adopted at this day. FRENCHMAN. Since that is the opinion that now prevails, how comes it that the Boftonians and other Englifh Americans pretend that the king and parliament have no power of impofing taxes upon them ? They would not furely chufe to be taxed by the king s fingle authority, without the concurrence of the parliament. ENGLISHMAN. No : by no means. That they would con- iider as a much worfe condition than the be ing fubject to the king and parliament con jointly , though fome of their writers have now and then, in the heat of argument, de clared that, of the two, they would rather chufe to be fubjecl to the king alone, in point of taxation, than to the king and parliament conjointly. But in this they could hardly be fmcere ; or, if they were, it was probably only a momentary fentiment, while their minds full of indignation againft the thought of M 2 being t 92 ] being taxed by the parliament, and not their fettled and deliberate opinion, or, at leaft, not that of the greater part of the Americans. However, they exprefsly reject both thefe au thorities, and infift that no taxes can be law fully levied upon them but by their own re- prefentatives, chofen by themfelves for that purpofe, in the affemblies of their refpeclive provinces, which they confider as fo many fe- parate parliaments, that have the fame legal powers in their refpeclive provinces as the Bri- tim parliament has in Great-Britain. FRENCHMAN. This pretenfion of theirs feems favourable to liberty, but prejudicial to the unity of the Britifh empire. For, if there is no common legiflature whofe power extends over all the dominions of the crown of Great-Britain, thofe dominions cannot properly be faid to make one ftate y or great political community, but are rather an aiTemblage of feveral feparate dates under the fame king, or executive magiftrate. This muft produce a variety of counfels in the fe veral parts of the Britifh empire, which muft $end very much to leflen the weight and u;- fiuence I 93 ] $uence they would have if they afted under one fupream legiflative head. But, pray, upon what reafons do they found this pretenlion of being exempt from the legiflative authority of the Britifh parliament ? Is there any thing in their charters that countenances a claim of this kind ? or do they maintain it only upon general principles of equity and liberty and the fights of nature ? ENGLISHMAN. They ground their claim upon both thefe reafons, but principally upon the latter, the general principles of equity and the law of nature ; which indeed is by much their beft argument. For their charters afford little ground for this pretenfion, as I mall leave you to judge when I have ftated to you the manner in which they argue from them. In both the An J . mentor the charters of the MarTachufet s bay, the old and Americans the new one, and in moft of the other char- from their ters of the American colonies, there is a claufe inferted that declares that the children of the perfons who (hall go and fettle in thofe co lonies mall have all the privileges of Englifh {ubje&s born within the realm of England. The [ 94 ] The claufe in king William s charter to the inhabitants of the MafTachuiefs bay is in thefe words : " And jurther, our will and pleajure is, and we do hereby, for us, our heirs and (uc- ceffors, grant^ ejlablijh, and ordain, T^faat all and every the Jubj efts of us, our heirs and fuccejjors, which JJjall go to, and inhabit within, our faid province or territory, and every of their children which flail happen to be born there, or on the feas in going thither or returning from thence, jhall have and enjoy all liberties and immunities of free and natural jubjefts within any of the dominions of us, our heirs and fuccejjors , to all intents, conjlruttions, and purpojes whatfoever, as if they, and every of them, were born within this cur realm of England" The plain meaning and defign of this claufe was to prevent the children of Englimmen, who fhould go from England and fettle in the province of the Maf- fachufets bay, from being confidered as fo reigners and excluded from the privileges of natural-born fubjects of England, fuch as the right of purchafing land in England and of holding offices of truft and profit, and the like, which it might otherwife have been doubted whether they were intitled to. Yet, from this t 95 1 claufe fome of the American writers have at tempted to derive a proof that they are exempt ed from the authority of parliament with re- fpecl to taxation, by the following train of rea- foning. The American colonifts are intitled, fay they, by virtue of this claufe, to the fame privileges as the inhabitants of old England. But the inhabitants of old England are intitled to be exempt from paying any taxes but fuch as granted to the crown by themfelves or their reprefentatives, chofen by themfelves, (or by fuch among themfelves as have freehold land of the annual value of forty millings,) in the commons houfe of parliament. Therefore, the Americans are intitiedinlikemanner tobeexempt from paying any taxes but fuch as are granted by themfelves or their reprefentatives, chofen by themfelves, in the aflemblies of their refpediive colonies. This argument is rather a bold than an artful one, fmce the fallacy of it is fo ex- treamly evident that it can hardly efcape the leaft difcerning reader. For, it fails in the very firft proportion, which affirms, that, by virtue of the aforefaid claufe, the American colonifts are intitled to the fame privileges as the inha bitants of old England. Now, this claufe has not t 95 Hot the leaft relation to the degree of their po litical freedom in their own province, btft barely to their condition when they fhall come to England, or go to fome other dominion of the crown of Great-Britain that is out of their own province ; and in that cafe it provides for their enjoyment of the fame privileges in Eng land, or fuch other dominion of Great-Britain, (notwithstanding their having been born in America,) as if they had been natives of Eng land. The degree of their political liberty in their own province is determined in the other claufes of the charter, which fettle their right of chuting their reprefentatives in the affem- bly, the right of their affembly to chufe the council, the powers to be exercifed by the governour, and the governour and council, and by the governour, council, and affembly, and, in mort, by almoft every claufe in the charter, except that which they adduce in fupport of this claim of an exemption from the parliament s power of taxing them. Another But there is another argument in fupport of the of this claim, which they alfo derive from their derived charter, and which is much more plaufible from fheir charters. [ 97 ] than the former, though not, in my opinion, by any means conclulive. Their charter gives the governour, council, and affcmbly of the province a power to raife money upon the people j which they contend to be an implied, or virtual, excluiion of the parliament from any right to exercife the fame power over them. For, fay they, if the parliament may tax us, we (hall be liable to be taxed by two diftindt legiilaturesj which is abfurd and unjuft. But I confefs, I can fee neither injuftice nor abfurdity in a man s being liable to be taxed by two, or even by twenty, different legifla- tures, if fuch is the conftitution of the fociety he belongs to. And I believe there are few countries in which a man is not liable to be taxed by feveral different authorities on different occafions and for different purpofes. In Eng land people are taxed by one fet of men towards the maintenance of the poor ; by another, in London and many other great towns, towards paving the ftreets and lighting the lamps ; by a third in corporate bodies, towards the joint or common expences of the community -, and by the parliament towards the general expences of the nation, fuch as the maintenance of the N fleet, fleet, the army, the publick arfenals and fort- refles, the adminiftration of juftice and the fupport of the king s houfhold. There is nothing in all this that is either abfurd or unjuft. Unlefs therefore the claufes in the American charters by which the governours, councils, and afTemblies are impowered to raife taxes upon the people, contain fome clear and exprefs words that exclude all taxation by any other authority, it will not follow by mere implica tion, from their having fuch a power, that the parliament has not likewife an authority to raife taxes on them, when the publick exi gencies of the ftate require it. We muft therefore examine the charters of the feveral provinces of America that have charters, (for fbme of them have no charters, but are go verned merely by the king s commiffions,) in order to fee whether they contain any clear and exprefs words of exclufion of every other method of taxation, except by their own afTem- blies. Now, if we do this, we fhall find one, and but one charter in all America in which there is any appearance of fuch words of ex- h f the f clufion : and that is the charter of Maryland. Maryland, In that charter, which differs considerably from mofl [ 99 1 moft of the other charters on the continent, (being a grant to the lord Baltimore, made by king Charles I. in the year 1632, of a tra6t of country to be holden as a county palatine,) there is a claufe that perhaps may be thought to amount to an etxclufion of the right of par liament to tax the inhabitants of that province, or to a promife on the part of the king and his fucceffors, that they never will give their ailent to any bill that mall be propofed to them in the Englim parliament for taxing them. It is in thefe words : " And further, our pleafure is, and by thefe prejents, for us, our heirs and fiiccejfors, we do covenant, and grant, to and with the [aid lord Baltimore, and his heirs and ajjigns, that we, our heirs and /uccejjbrs, fta/I at no time hereafter fet or make, or caufe to jet, any imposition, cujlom, or other taxation, rate, cr contribution whatjbever, in and upon the dwellers and inhabitants of the aforefaid province, for their lands, tenements, goods, or chattels, within the faid province, or in and upon any goods or merchandize within the faid province, or to be laden or unladen within the ports or harbours of the faid province By this claufe the king covenants with lord Baltimore, that N 2 be be will not fet , or caufe tofet, any impofition^ or tax, upon the people of Maryland -, by which it may be contended thai he meant to tie himfelf up from aflenting to any bills in parliament for taxing them. Yet I much doubt, whether that was the true meaning of this daufe, be- caufe the king s giving his aflent to a tax-bill is not properly Jeff ing a tax> or caufing others to fet itj but is accepting a free gift from the people, made in their names, and for them, by their reprefentatives, or agents, the mem bers of the houfe of commons. For the form of giving the royal aflent to fuch a bill is not by thefe words, e{ Le Roi k "cent" which are the words ufed in giving the royal aflent to any other bill, but by thefe words, <c Le Roi re- merciefes bonsfujets y et accepte leur bien r oeillance ^ fo that the king can hardly be faid to have fet a tax, or caufcd others to fet it, when he has given the royal affent to it. Another reafon why I doubt whether the foregoing claufe is to be underftood as a promife on the part of the crown never to confent to a bill of the Britim parliament for taxing the inhabitants of Mary land, is this. The king at this time governed the nation by his own abfolute authority with out ioi } out a parliament, and had publickly declared, by a proclamation made three years before the palling this charter, that he did not intend to call any more parliaments; which refolution he kept for eleven years together, from the year 1629 to the year 1640, governing all that time in an illegal and arbitrary manner, and caufing many cruel punimments to be inflicted -by certain courts of juftice which were then in being, and which were intirely devoted to his pleafure, (but which have been iince abo- lifhed,) on all tbofe perfons who prefumed to find fault with his government ; till at lad he drove bis people into that famous civil war, which, after various fuccefles during four years, ended at lad to his difadvantage, and was fol lowed firfl by his being imprifoned by his own victorious fubjects, and afterwards (upon his repeated refufals to make peace with them upon the terms they required,) by his being pub- lickly beheaded by them. It was during thefe tyrannical eleven years, when it was made cri minal in England to talk of the meeting of a parliament, that King Charles granted this charter to the Lord Baltimore : and therefore it feems probable that neither the King nor Lord 102 Lord Baltimore had any view to parliamentary taxation when it pafled. And there is ftill another circumftance that induces me to think that the foregoing claufe in the charter of Mary land ought not to be conftrued as an exclufion of all parliamentary taxation upon the inhabi tants of that province. It is this. This charter was intended to convey to the Lord Baltimore and his heirs and affigns, the fame powers and privileges as belonged to the bimops of Durham in England, as appears by the following words of it ; " Together with all and fmgular the like, end as ample, rights, jurifdittions, privileges, prerogatives, royalties, liberties, immunities, royal rights and franchifes, of what kind foever, tem poral, as well by fea as by land, within the country, ijles, ijlets, and limits aforefaid; to have, exercife, ufe, and enjoy, the fame as amply as any bi/Jiop of Durham, within the bifioprick or county palatine of Durham in our kingdom of England, hath at any time heretofore had, held, ufed, or enjoyed, or of right ought, or mighf, have had, held, ufed, or enjoyed." From this claufe it feems reafonable to conclude that the intention of King Charles I. and Lord Balti more, at the time of palling this charter, was, That f 103 ] That the inhabitants of Maryland mould ftand in the fame relation to the crown (whatever that relation might be) as the inhabitants of the bimoprick of Durham in England, and confequently that the king mould be at liberty to exercife the fame authority over them as over the inhabitants of that bimoprick, and levy money upon them in the fame cafes in which he might lawfully levy money upon thofe inhabitants. Now at that time it was cuftomary for the inhabitants of the bimoprick of Durham to contribute to fuch taxes as were granted to the crown by the parliament of England, notwithflanding they did not fend any reprefentatiues to it. And therefore it mould feem that the inhabitants of Maryland muft have been liable in like manner to con tribute to fuch taxes as mould be granted for them to the crown by the parliament of Eng land, or, at leaft, that their charter could not exempt them from fuch an obligation, if, upon other grounds, they mould be fubject to it. It is true indeed that about thirty years after, when king Charles the fecond was reftored to the poffeffion of his father s throne, the inhabi^ tants io 4 tants of the bifhoprick of Durham did make an application to the crown for leave to fend members to the Englifh parliament, upon the ground of the reafonablenefs and equity of having fome {hare in paffing thofe laws which they were bound to obey, and in granting thofe taxes to which they were bound to contribute j acknowledging their obligation to fubmir. to the laws and taxes impofed on them by the English parliament. And this requeft of theirs was thought reafonable and was complied with ; and an act of parliament was pafTed to impower them, for the future, to fend four members to the parliament,, two of which were to be chofen by the citizens of the city of Durham, and the other two by the freeholders of the whole bifhoprick. And in like manner, no doubt, the people of Maryland, if they were fully to acknowledge, and fubmit to, the right of the Britifh parliament to make laws and taxes for them, would have an equitable ground for defiring the privilege of fending members to it. But this they have not done : and in the mean time the example of the bimoprick of Durham, (which was, in a great meafure, made the model of the government of their province^ ., province) feems rather to fhew that they are not exempted by virtue of their charter from an obligation of paying fuch taxes as fhall be granted for them from time to time to the crown by the parliament of Great-Britain. Upon the whole, therefore, I am inclined to think that even the inhabitants of Mary land are not exempted by their charter from the obligation of paying fuch taxes as the Britifh parliament mall grant for them to the crown, if they would be legally fubjeft to fuch an obligation upon any other grounds ; which is another queflion, which we will confider prefently. And if the province of Maryland is not exempted from parliamentary taxation by its charter, I am fure no other province in Ame rica can pretend to be fo upon the fame ground. For in the charter of Peniylvania, of the which was granted by king Charles II. to William Penn, and his heirs and afligns, in n the year 1682, that is, fifty years after the grant of the charter of Maryland, there is a claufe which exprefsly recognizes the power O of [ 106 ] of the king and parliament of Great-Britain to impofe taxes on the inhabitants of that province. It is in thefe words. " And fur ther , our pleafure is, and by thefe prefects, for us, our heirs and fucceflors, we do covenant and grant, to and with the faid William Pe?m, and his heirs and aj/igns, that we, our heirs and fuc- cejjors, fiall at no time hereafter fet or make, or caufe to fet, any impofition, cuftcm, or other taxation, rate, or contribution whatfoever m and upon the dwellers and inhabitants of the afore faid province, Jor their lands, tenements, goods, or chattels within the faid province, or to be laden or unladen within the ports or harbours of the faid province , unlefs the fame be with the ccnfent ef the proprietary, or chief governour, and ajfembly, or by a5l of parliament" From thefe laft words it is plain that king Charles II. did not mean to exempt the inhabitants of Penfylvania by this charter from fuch taxes as mould be impofed on them by the Englim parliament, but rather that he fuppofed they would flill continue liable to pay thofe taxes in the fame manner as they would have been if they had flayed in England inflead of going to fettle in Penfylvania. And it is probable [ io 7 I probable that William Penn and his followers had at that time no view, or defire, of being exempt from parliamentary taxation, but only wifhed to be fecured againft any taxes which the king by his fingle authority might be tempted to impofe upon them 3 there being then (as I obferved before) an opinion pre vailing amongft many people, and counte nanced by the court lawyers of the time, that the king of England might govern the dependent dominions of the crown by his own abfolute authority and without the con currence of the parliament, unlefs he pre cluded himfelf from fo doing by his own act by granting a charter to the inhabitants of fuch a dependent dominion containing the intended limitations of his faid abfolute autho rity ; in which cafe it was fuppofed that he would be bound by thofe limitations. And againft fuch a taxation, by the lingle authority of the crown, the claufe above-recited is a very proper guard. It is plain therefore that the inhabitants of Penfylvania cannot juftly pretend to be exempted from parliamentary taxation by virtue of their charter. Nor in deed do they, as I believe, pretend to it upon that ground. O 2 I will [ P.8 } of the I will next confider the charter which was the*?"- granted by king William to the inhabitants MafTachufets bay in the year 1692, which W e have had frequent occafion to fpeak of already. The only claufe in this charter that has any relation to the raifmg money upon the inhabitants of the province, is in thefe words. " And we do, for us, our heirs and fuccejjors, give and grant, that the Jaid general court, or ajjembly, Jlmll have full power and authority to impofe and levy proportionable and reasonable affeffments, rates, and taxes, upon the ejlates and perjbns of all and every the pro prietors, or inhabitants, of our f aid province, or territory, to be ijfiied and difpofed of by warrant under the hand of the governour of our Jaid pro vince for the time being, with the advice and confent of the council, for our fervice in the ne- cejfary defence and fupport of our government of our Jaid province or territory, and the protection end prefervation of the inhabitants there, accor ding fofuch afts as are or foall be in force within our faid province" Here are no words that exclude the authority of parliament to impofe other taxes on the inhabitants of that province. On the contrary, the words of this this claufe afford a reafonable ground for fup- pofing that it was the intention of the framers of this charter, and of king William who; granted it, that thofe inhabitants mould con tinue fubjecY to parliamentary taxation. For the power of raifing money on them granted to the affembly by this claufe is not a general power of raifing it for any publick purpofe whatfoever, but only for the necefTary defence and fupport of the king s government of the faid province. Suppofe therefore that the afTembly of the Maflachufets bay were in clined to contribute a certain fum of money towards the expence of the king s houfhold, or towards the maintenance of the Britifh fleet or army, or the fortifications of Gibraltar or Port Mahion, (all which are branches of the publick expence of the nation to which it is reafonable that both they and all other fubjedts of the crown fhould contribute in proportion to their abilities,) and to direct that this money mould be lent to England* and lodged in the king s exchequer there, and iflued by the warrants of the king s lord high treafurer, or of the commhTioners ap pointed to execute the office of lorcj high treafurer^ t no ] treafurer, for the feveral purpofes for which it had been granted ;~ -fo much to the king for his civil lift ; fo much to the treafurer of the navy for the fupport of the fleet ; fo much to the paytnafter of the army for the fupport of the army; and fo on; 1 fay, if the afTembly of the JVJafTachufets bay were to be diipofed to do thefe equitable and generous actions, they would not have a legal right to do them by means of the aforefaid claufe in their charter; becaufe they are thereby impowered only to raife money upon the inhabitants of the province for the necejjary defence and fupport of the government of the faid frovince, and the protection and prejervation of its inhabitants. Yet thefe contributions to the general expences of the Britim empire are in themfelves reafonable and proper, and fit to be made by the people of the MafTachufets bay, as well as by all the other fubjefts of the crown, as foon as they fhall be in a fuffi- cient ftate of opulence to be able to make them : and king William, and the framers of the charter he granted to that province, muft necelTarily be fuppofed to have thought them fo. And therefore, as he thought fit to give, by [ III ] by this charter, to the afTembly of this pro vince only a limited power of raifing money upon the inhabitants of it for the ufe of the province itfelf, it is reafonable to conclude that he fuppofed they would continue liable to be taxed by the Englifh parliament to wards thofe other and more general branches of the publick expence after they had re ceived this charter as well as before. And if to this way of reafoning upon this fubjecl: (which feems to me to be a very fair one) we add this other confideration, that this charter to the Ma(Tachufets bay was granted ten years after the charter of Peniylvania, in which the power of the Englim parliament to impofe taxes on the inhabitants of it is exprefsly recognized, notwithstanding the pri vileges granted by that charter to William Penn and his followers are in other refpe&s uncommonly extenfive, it will be almoft im- poflible to conceive that the aforefaid claufe in the charter of the Maffachufets bay (by which the aflembly is impowered to raifc taxes for certain purpofes on the inhabitants,) was intended by king William to exempt them from parliamentary taxation. And there there is no other cla ufe in this charter that has any relation to this fubjiecV We may therefore conclude that the inhabitants of the MafTachufets bay are not exempted by their charter from the obligation of paying the taxes which the Britim parliament (hall Impofe upon them. of the The charters of the colonies of Connecticut charters of Connefti- and Rhodc-illand contain no claufe to impower cut and Rhode the afTemblies of thofe colonies to raife money . . Upon the other inhabitants. They contain only a limited power of making laws for the good government of thofe colonies. The claufe for this purpofe in the charter of Con- jiedHcut is in thefe words. " And we further, of our efpeci at grace, certain knowledge, and meer motion, give and grant unto the faid governour and company of the Englijh colony of Connecticut in New-England in America, and their fuccef- fors, that it jhall and may be lawful to and for the governour, or deputy governour, and fuch of the affiftants of the faid company for the time being as Jliall be ajjembled in any of the general courts aforefaid, or in any courts to be especially fum- moned or ajjeni bled for that purpofe, or the greater fart [ "3 1 part of tbem t (whereof the governour, or deputy- governour, and fix of the affiflants to be always Power to _, . T r i ]- r ereftcourts Jeven,) to erect and make Juch judicatorms jor ofjodica- the hearing and determining of all actions, caujes, matters, and things happening within the faid colony or plantation, and which JJjall be in dispute and depending there, as they JJoall think Jit and convenient , and alfo, from time to time , to make, And to ordain, and eftabiijh all manner of whole fome and and ordi- r // ; /) r i- <-> nances not reasonable laws, Jtatittes, ordinances, atreaiom contrary to and inflruSlions, not contrary to the laws of this England/ realm of England, as well for fettling the forms and ceremonies of government and magi fir acy fit and neccffary jor the faid plantation and the in habitants there, as for naming and Jlyling all forts of officers, both Jitperiour and inferiour, which they foall find needful for the government and plantation of the faid colony and the diftin- guifiing and fitting forth of the fiver a I authorities, powers, and limits of every fitch office and place, and the forms of fuch oaths, (not being contrary to the laws and ftatutes of this our realm of Eng land) to be adminijlered for the execution of the faid fever al offices and places ; as alfo for the difpofmg and ordering of the election of fuch of the faid officers as are to be annually cbojen, and P of [ "4 1 of fuch others as flail fucceed, in cafe of death or removal, and adminijlering the jaid oath to the new-eleted officers, and granting neceffary commi/jions, and for impofition of lawful fries, mulcts, imprifonments, or other punijlments, upon Reference offenders and delinquents, according to the courje to other . . ..... . r corpora- of other corporations within this our kingdom of in the England; and the fame laws, fries, mulSls and of"]Eng executions, to alter ; change, revoke, annul, releafe or pardon, under their common feal, as by the faid general affembly, or the major part of them, Jhattbe thought jit ; and for the directing, ruling and dijpojing of all other matters and things, whereby our faid people, inhabitants there, may be fo religioujly, peaceably a?id civilly governed, as their good life, and orderly coirwfation, may win aiid invite the natives of the country to the knowledge and obedience of the only true God and Saviour of ?nankind, and the Chriftian faith; which in our royal intentions, and the adventurers free prcfeffwn, is the only and principal end of this plantation j willing, command mg and re quiring^ and by tbefe prefents, for us y our heirs and jucceffors, ordaining and appointing, that all juch laws, Jlatutes and ordinances, injlruSlions, impofitions and directions, as JJjall be fo made by the the governour, deputy -governour and ajjiftants, as The faid , , j. n , . . . , r . laws (hall aforcjaid, find publijhed in writing under their be pub- common fea I, flail carefully and duly be obfcrved, writing kept> performed., and put in execution, according to the true intent and meaning of the fame ; and mon e " * thefe our letters patents, or the duplicate or exem plification thereof^ flail be, to all and every fuch officers, fuperioun and inferiours, Jrom time to time, for the putting of the jame orders^ laws, Jiatutes, ordinances, injlruflions and directions ^ in due execution, againfl us, our heirs and jitc- ceflors, a jujficient warrant and di [charger And the claufe for this purpofe in the charter of Rhode-illand is in thefe words. " And ConRitu- / r on * t ie jurther, we do of our ejpecial grace, certain general ai- , 7 , , . . fembJy. kno-jj .eage, and mere motion > give and grant unto the Jaid governour and company of t<*e Englifi co lony of Rbodc-ijland and Providence plantations, in Ne-w-England, in America, and iheir fucceffors, That f/je governour, or in his abfence, or by his permijjion, the deputy- governour of the jaid com pany, for the time being, the ajjijlants, and fuch of the freemen of the f aid company as flail be fo as afote.atd elected or deputed, or fo many of them c.s jlall le present at fuch meeting or ajjembly, as P 2 aforefaid, [ "6 ] a/orefaid, JJ:all be called the general affembly 5 Powers of an ^ fjj a f they, or the greatejl part of them then affembly. prefent, (whereof the govsrnour, or deputy-go- vermin*^ and fix of the ajjijlants at leajl, to be /even,} flail have, and have hereby given and granted unto them, full power and authority, from time to time, and at all times hereafter, to appoint , alter, and change fuch days, times and places of meeting, and general affembly t as they flail think Jit, and to chufe, nominate and appoint fuch and fo many perfons as they flail think fit, and Jhallbe willing to accept the fame, to be free of the faid company and body politic, and them into the fame to admit, and to eleft, and con flit ute fucb offices and officer s, and to grant juch needful commij/ions as they flail think jit and requi/ite, for ordering, managing, and difpatching of the affairs of the faid governour and company, and their JucceJJors \ power to and, from time to time, to make, ordain, cctijli- inake laws and ordi- tute, or repeal, fuch laws, Jtatutes, orders and nances not . repugnant ordinances, forms and ceremonies oj government to the laws i -n 7 /? n r r of Eng- anamagtjtracy, as to tljemjf:all jeem meet, j or the good and welfare of the faid company, and for the government and ordering of the lands and hereditaments herein after mentioned to be granted, and of the people that do, or at any time hereafter JMI t 7 ] fhall inhabit, or be within the fame ; fo as Juch laws, ordinances, and conjlitutions, fo made, be not contrary and repugnant unto, but, as near as may, agreeable to the laws of this our realm of England, confidering the nature and conjlitution of the place and people there ; and alfo, to ap- power to pr : nt, order, end direct, erect and Jeitle /uch ptffces and courts of juri[di5lion, for hearing and ture> determining of ait actions, cafes, matters and things, happening within the /aid colony and plantation, and which Jlall be in difpute, and depending there, as tLe y jhall think fit-, and alfo to di/iifiguiJJj and jet forth the Jcveral names and titles, duties, powers and limits, of each court^ office and officer , fuperiour and infer iour; and alfo, to contrive and appoint juch forms of oaths and atte/lations, not repugnant, but as near as may be agreeable as aforejaid to the laws and Jtatutes of cur realm, as are convenient and requifite^ ivith refpec~l to the due adminijtration of juftice, and due execution and difcharge of all offices and places of truft, by the per Jons that fiall be there in concerned ; and al/o to regulate and order the way and manner of all elections to offices and places of truft, and to prefcribe, limit and diftinguijh the number and -bounds of all -place s, towns and cities^ cities, with the limits and bounds herein after mentioned^ and not herein particularly named, who have or jhall have the power of electing and fending of freemen to the [aid yentral affembly -, and alfo to order, direffl and aulho- rife, the impofmg of lawjul and reafonable fines, mulffs, imprisonments, and executing ether punifoments, pecuniary and corporal, upon of~ Reference jenders and delinquents, according to the cour/e to other . ..... . , corpora- oj other corporations within this our kingdom in the of England ; and again, to alter, revoke, an- of n Eng nul or pardon, under their common feal, or otherwife, fuch fines, mulcts, imprifonments, fentences, judgments and condemnations, as fiall be thought Jit ; and to direct, rule, order and difpofe of all other matters and things, and particularly of that which relates to the making of pur chafes of the native Indians, as to them Jhall feetn meet -, whereby our jaid people and inhabitants in the faid plantations, may be Jo religioujly, peaceably and civilly governed, as that by their good HJe, and orderjy converja- tion, they may win and invite the native In dians of the country to the knowledge and obe dience of the only true God and Saviour of mankind; willing, commanding and requiring, [ H9 1 and by thefe prefents, for us, our heirs and fucceJFors, ordaining and appointing, that all fuch laws, ftatutes, orders and ordinances, in- ftruftions, impofitions and directions, as JJjall be fo made by the governour, deputy, ajijtants and freemen, or fucb number of them as afore- faid, and published in writing under their com mon feal, Jkpll be carefully and duly obferved, kept, performed and put in execution, accord ing to the true intent and meaning of the fame. And thefe our letters patents, or the duplicate or exemplification thereof, jhall be to all and every fuch officers, fupcriour or infer iour, from time to time, for the putting of the fame orders, laws, ftatutes, ordinances, inftruBiom and directions, in. due execution, againft us, our heirs and fuccej/ors, a Jufficient warrant and difcharge" It is only by virtue of thefe claufes in the charters of Connecticut and Rhode-Iiland that it can be pretended, that the ailemblies of thofe provinces have any power of railing money upon the other inhabitants of them, and this by an indirect method of reafoning, that is, by confidering this power as a branch of [ 120 ] of the power, given them by thefe claufes, of making laws and ordinances for the good government of the province ; which is but a doubtful and uncertain way of conveying to a corporation fo important a power as that of railing money upon the members of it, and fuch as would not, I believe, be allowed to be valid in the cafe of a new charter that mould be granted to a corporation. And this power of making laws feems to be of a very limited nature, and to relate only to the making iuch new offences as (hall be punimed by fines or imprifonment, and not fuch as mall be puniilied by lofs of life or limb, and has an exprefs reference to the powers granted in the charters of other corporations in England, none of which are in any degree exempt from the authority of parliament either with refpedT: to laws or to taxes. It feems to me, therefore, that neither of thefe two charters can be fairly fuppofed to convey to the inhabitants of thole provinces an exemption from parliamentary taxation. I have now given you an account of all the charters I am acquainted with on the con tinent tinent of North-America, fo far as they relate* to the power of railing taxes on the Ameri cans; and have dated to you the. arguments which the Americans derive from thefe char-^ ters in fupport of their claim of being exempted from taxation by the Britifh parliament, to gether with the reafons that induce me to con- fider thofe arguments as altogether inconclu- iive. I am afraid I have been rather tedious in making this deduction. But I really could not make it fhorter, without omitting fome- thing that I thought material arid fit for your confederation. But now you have ,the whole iubjet before you in as full a manner as I am acquainted with it, and are therefore able to form" an opinion upon it for yourfelf with out any regard or reference to mine ; which, I prefume, is what you would wiih to" .do. ,?i:H, .81331LI :.; r T( bomsvo 3-E P>EiIf CrH M A N*^ As the contents of thefe American char* c , .. -ramA si ters were quite unknown to me before, (ex- 3sdl 1 , v 0.1 VM cept only as far as I had feen them alluded ,.i3Ji.-i : r . ogyujad to, or imperfectly cited, in nevvs^-papers,) I -j-j bsmr " have not thought your account of them at all too long. So new a fubjecT: requires a pretty full t 122 ] full explanation ; more efpecially when it has been made the fubject of controverfy, (as this has been,) and given occafion to fubtle and arti ficial reafonings in fupport of a favourite con- clufion. As to my opinion on the claim of the Americans to be exempted from parlia mentary taxation in confequence of thefe clau- jfes in their charters, I muft needs anfwer that I can hardly yet venture to form an opinion upon a fubject of fo delicate a na ture which I have now hear d difcufled for the firft time. However, as far as I can judge of it on this fudden information, I agree with you in thinking, that the Americans have no man ner of title to be exempted from the autho rity of the parliament of Great-Britain with refpeft to the impofition of taxes, in confe quence of any thing contained in the claufes you have recited from their charters. But, of the many of the provinces, I find, are governed yernment* without charters, by the authority of the king s ca, that commifllons to his governours. Pray, is there charters, any thing in thofe cprnmiflions that counte- fiances this claim of the Americans to be exempt from parliamentary taxation? lions. ENGLISH- ENGLISHMAN. Not a word ; as you (hall foon be convinced. The commiflions of Captain-general and Go- vernour in chief, that are given by the king s Majefty to his Governours of the feveral pro vinces in North- Am erica that are under his immediate government, are, I believe, very much like each other, and contain nearly the fame powers and directions, one as the other, for the government of thofe provinces : fo that, if we examine one of thefe commiffions with a view to the fubject of our prefent inquiry, we may apply the conclufions we (hall draw from fuch an examination to the other pro vinces that are governed by his majefty s com- mifTions. We will therefore examine the com- miflion of the governour of New- York. Now in that commiffion there is no claufe that cx- preisly impowers the governour, council, and aflernbly of the province to impofe taxes on the people : but there is only a claufe to im- power them to make laws and ordinances for the peace, welfare, and good government of the province, which has been generally fup- pofed to involve in it a power of raifing mo- ney t 124 ] ney upon the inhabitants of the province as a part, or branch, of the more general power of making laws. And this interpretation of this claufe is countenanced by a fubfequent claufe in the fame commifiion, which evidently fuppofes that money may be raifed in the pro vince by virtue of it > and directs and impowers the governour, by and with the advice and confent of the council of the province, to iffue out, by his warrants, the money which (hall be fo raifed, and difpofe of it for the fupport of the government of the province, and not otherwife. And it is only under this claufe, which impowers the governour, council, and afTembly of the province to make laws and ordinances, that money has ever been raifed upon the people of that province. This claufe is as follows : " And you, the faid Danvers Ofborn, by and with the confent of our faid coun cil and ajfimbly, or the major part oj them rc- fptcHvely, fi all have full power and authority to make, conjlitute, and ordain, laws., Jlatutes, and ordinances, for the publick peace, welfare, and good government of our faid provinces, and of the people and inhabitants thereof, and fuch others as, fiall refer t thereto > and j or the benefit of us, our [ "5 1 our heirs and fuccejfors : which fald laws, jla- tutes, and ordinances are not to be repugnant, but, as near as may be, agreeable to the laws and Jlatutes of this our kingdom of Great- Britain. The other claufe in this commiffion to the governour of New-York, which impowers him, with the content of the council of the province, to difpofe of the publick monies that {hall be railed in the province by any act of the governour, council, and afTembly, is in thefe words. " And our further will and pleafure is, that all publick monies raijed, or which fiall be raijed, by any aft to be hereafter made within our faid province and other the territories depending thereon, be iffued out by warrant from you, by and with the advice and confent of our council^ and difpojed of by you for the fupport of the government, and not other wife" You fee, by this example, that the king s commiffions to his governours, in thofe provinces which have no charters, are, if any thing, more unfavourable to the American claim of an exemption from parliamentary taxation than the [ 126 ] the charter of the MafTathufets bay. For by that charter the governour, council, and aflem- bly of the province, are exprefsly impowered to raife money upon the inhabitants of it for certain purpofes, namely, for the neceffary de fence and Jupport of the government of the /aid province , and the protection and pnjervation of its inhabitants : whereas in the commiffions to the governours of the royal provinces there is no claufe that exprefsly impowers them, with the confent of their councils and aflemblies, to raife money upon the inhabitants of thole provinces for any purpofe whatfoever, but only a power of making laws and ordinances for the good government of the province, which, by a mere implication, (countenanced by another claufe concerning the difpofal of the monies that mall be raifed in them, and fupported by a long ufage built upon it,) is fuppofed to contain in it the power of raifing money on the people for the fupport of the governments of thofe provinces, and for no other purpofes whatfoever. Surely fuch a commiflion can never be thought by impartial people to be an exclufion of the parliament of Great-Britain from exercifing the power of laying taxes on the [ 127 ] the inhabitants of thofe provinces, if upon other grounds the parliament is legally intitled to fuch a power. FRENCHMAN. I fee plainly, that the king s com minions are by no means favourable to the claim of the Americans to be exempt from parliamen tary taxation, and that the provinces governed under. thefe commiffions, (which, I think, you fbme time ago called Royal governments^ ) have as little pretence, from the words of them, to demand fuch an exemption, as the charter- governments have to demand it in confequence of the privileges of their charters; or, (if there is any difference between them,) they Jiave rather lefs pretence to demand fuch an ex emption than thofe charter -governments. Yet, methinks, that, though neither the char- o r ters nor commimons, under which the Ame- rican provinces are governed, do, in their na- tural and true conduction, convey to the in- habitants of thofe provinces an exemption from parliamentary taxation, yet, if, during the courfe of fourfcore, or an hundred, years, they have been fuppofed, though faifejy, to have con veyed to them fuch an exemption; and, in purfuauce purfuance of fuch a miftaken interpretation -of them, the Americans have been permitted to raife money by their refpeclive afTemblies upon the people for all forts of purpofes, (as well thofe for which their charters do not impower them to raife money, as thofe for which they do impower them to raife it,) and the parliament of Great-Britain has always forborn to raife money upon them for any purpofe whatfoever during fo long a courfe of years ; I fay, if this is the cafe, I mould think it fomewhat harm,, if not unjuft, in the parliament, (after fo long a forbearance of the exercife of its own right to tax them, and a tacit acquiefcence in the exer cife of a fuppofed right in the Americans to tax themfelves in all cafes,} to break through this in>- dulgent ufage and begin a practice of taxing them by act of parliament. I mould therefore be glad to know how the ufage has been in that refpedl. ENGLISHMAN. You touch upon a firing much more fa vourable to the pretenfions of the Americans than any of the claufes that are to be found in: the charters or commifTions, under which they have been governed. But the fact is not in- tirely as you fuppofe it. For the Americans, I believe, [ 129 ] I believe, have not been taxed at all towards the general purpofes above-mentioned, fuch as the fupport of the king s houihold, the main tenance of the fleet or the army, the repairs of publick fortrefTes, and the like, having been thought to be too poor before the end of the late war to contribute towards thefe expenfive eftablimrrients. And all the money that has been hitherto raifed in the American colonies, I mean, before the late peace, has beeri raifed by their refpective aflemblies for the ufe of the colonies in which it has been raifed ; agreeably to the power given to them in the charters of Maryland and MafTachufet s bay to raife money for fuch local purpofes, and which has been fuppofed to be contained under the. power of making laws and ordinances which is given to the aflemblies of Connecticut and Rhode Ifland by their refpective charters, and to the other American provinces by the king s commiffions to his governours. When I fay that all the money that has been raifed in the American provinces before the late peace has been raifed by their refpective aflemblies, I ought to jnake an exception of duties on goods imported into thofe provinces. For fuch duties have in R a few a few inftances been impofed by the parliament of Great-Britain at different times before the peace, and paid by the Americans in obedience to that authority. But then it is likewife true that thefe duties have been impofed rather with a view to regulate the trade of America in the manner the Britim parliament has thought fit, than for the fake of the revenue they have produced, which has been but trifling. It is therefore upon the whole fubftantially true, that no money has been raifecl upon the people of America before the late peace by the autho rity of the Britim parliament, nor by any other authority but that of the ailemblies of the fe- veral colonies in which it has been railed : and it is likewife true that the money that has been raifed in America before that time, has been raifed only for the local purpofes of the pro vinces in which it has been raifed, and not for the fupport of the king s civil lift, or the main tenance of the army or navy, or fortreiles out of the ifland of Great-Britain, or other general objects of the publick expences of the nation. This is the hiftory of the ufage upon this fub- jecl, as far as I am acquainted with it j which does not come up quite to what you feem to have have conceived it to be, namely, a regular ufage of the Americans to tax themfelves for all forts of purpofes whatfoever, the general purpofes juft now mentioned as well as the local purpofes of their refpedive provinces. FRENCHMAN. According to this account of the ufage that has prevailed upon this fubjed, I am inclined to think, that the Americans have no more pretence to claim an exemption from parlia mentary taxation, for thofe general purpofes you have juft now mentioned, from long ufage than from either the letter or true meaning of their charters, or the royal commilllons under which they are governed ; both which we have already examined and found to be infufficient to fupport fuch a pretenfion. But with refped Difference to the local purpofes of their refpedive pro: theTinpo- vinces, I mould incline to a different opinion, j"^ 1 f or For, as the charters and commiffions impower the aflemblies of the feveral provinces, either *** a exprefsly or by implication, to raife money in vincu j. ^ their refpedive provinces for thofe local pur pofes, and they have uniformly been permitted to do fo ever fince their firft eflablifhments R 2 without [ 3* ] without any interference of the parliament of Great-Britain, or their ever exercifing during this long feries of years a concurrent jurifdiclion with the affemblies in the raifing money upon the Americans for thofe purpofes, I cannot but look upon this long forbearance of the Britifti parliament to exercife its authority upon this fub- jec~t, and their acquiefcence in the exerciie of this power by the American aiTemblies, as amount ing, in reafon and equity, if not in ftridl law, to a renunciation of its authority of taxing the Americans for thefe purpofes, and a transfer of it to the American aflemblies. Don t you enter into the diftindtion I make between the two cafes ? ENGLISHMAN. I do enter into it very clearly : and I think it very well founded. And I had even thought of it myfelf before you mentioned it ; though it has not been much attended to by the writers on either fide of this controverfy. The zeal of the writers in fupport of the authority of Great-Britain has made them infift upon the right of the parliament to tax the Ameri cans in all cafes and for all purpofes whatfo- evcr. [ 33 1 ever, even for the fupport of their refpeclive domeftick governments : and that of the wri ters on the American fide of the queftion has made them deny the right of the parliament to tax them in any cafe, or for any purpofe whatfoever, even towards thofe general expences of the Britiih empire, towards which they have not hitherto been taxed at all, and towards which the charters and the royal commiffions do not authorize their aflemblies to tax them. But the truth often lies between two extream opinions ; and perhaps it does fo in this cafe. However there is another argument made ufe of the of by the Americans in this controverfy, (and which they confider as the (Irongeft argument in their favour,) which, if it be a good one, militates equally againft the right of the Bri- th a r]f a ntl tifh parliament to tax them for thofe general purpofes above-mentioned, and for the local purpoles of their refpective governments. FRENCHMAN. Pray, what is this favourite argument, this* great American Goliath, by which the Ameri cans think they can maintain a total exemp tion from the authority of the Britifh parlia^ merit lament [ 134 ] ment to tax them in any cafe whatfoever ? I am impatient to hear this great argument : for at prefent it feems to me that this is carrying their claim to an unreafonable length, and has a great tendency to exempt them from bearing their proportional fhare of thofe general burthens of the Britifh empire, which you juft now mentioned, and which relate equally to all the dominions of the crown. ENGLISHMAN. The want This grand argument is founded on their of defied to reprefen- not having members chofen by themfelves to the parlia- reprcfcnt them in the parliament of Great- G?eat-Bri- Britain. They fay that the right of the mem bers of the Britifh Houfe of Commons to grant the people s money to the crown (for that, as I obferved before, is the form in which acts of parliament for railing money on the people are parted,) arifes merely from their being the reprefentatives of the people, chofen by them for the purpofe of granting money to the crown, for publick ufes, in their name, and as their agents and attornies : and confequently that, as they are not chofen by the inhabitants of America, they cannot be confidered as their agents [ 135 ] agents and attornies in this refpect, and cannot grant away their money. This is the great argument of the Americans againft the right of the British parliament to impofe taxes on them. FRENCHMAN. That maxim that the Houfe of Commons in England grant the people s money only be- caufe they are their reprefentatives, or chofen deputies, can hardly, I prefume, be true in its full extent. For if it was, only thofe who had votes in the election of members of parliament would be liable to pay the taxes there impofed, they being the only perfons who have actual deputies, or reprefentatives, in the parliament, that have been chofen by themfelves. Yet I of the have always heard that the taxes in England are general, and extend to all the inhabitants of it, the non-electors as well as the ejectors of members of parliament, and that the for mer are a very great part of the people. Pray, Is this the cafe ? or are all the men in Great- Britain that are come to the age of majority, (which in England I underftand to be the age of twenty-one years,) intitled to vote in the elections of members of parliament ? ENG- [ 136 j ENGLISHMAN. By no means. The non-electors are at leaft fix times as many as the electors. The whole number of people in Great-Britain is fuppofed to be about fix millions. Of thefe we may well fuppofe a million and a half to be males above the age of twenty-one years. And the number of perfons intitled to vote in the elec tions of members of parliament in the whole ifland is only between two and three hundred thoufand. Yet all the people are bound to pay the taxes impofed by the parliament, non- eleclors as well as electors. You are therefore quite right in your obfervation upon the afore- faid maxim. It certainly is not true in the ftricT: fenfe of the words, that only thofe who are reprefented in parliament by members of their own chuling are liable to be taxed by the authority of parliament ; but it muft be taken, like all other maxims of law or politicks, with a certain reafonable degree of latitude : and then, I think, it muft be allowed to be true, becaufe all taxes in England are certainly con- fidered as free gifts of the people to the king, or great executive magiftrate of the ftate, which f 37 1 which are made on great and fudden emergen ces that have been fet forth to them by the king, and have appeared to them to require an extraordinary fupply of money for the pro tection and advantage of the whole com munity. FRENCHMAN. If once we admit of a latitude in the in terpretation of this great maxim concerning taxation, and allow that five fixths of the male inhabitants of Great-Britain, who are come to the age of maturity, may be rightfully taxed by a houfe of commons chofen by the re maining fixth part of thofe inhabitants, (which I fee plainly to be a reasonable, or rather a neceffary, manner of underflanding it,) it may be difficult perhaps for the Americans to dif- tinguim their condition from that of the large body of non-electors in Great-Britain, and to affign a reafon why they fhould not be fubject to the parliament s power of taxation as well as thofe non-elector s. I ihould be glad to know, what they alledge for themfelves in this refpect. S ENG- ENGLISHMAN. They are a good deal puzzled to get over this difficulty : yet are not without plaufible J * to d ttin. reafons in favour of the diftinction they con- guifli their Ajm cafe from tend for. They readily allow that the maxim that of the . J . . non-eieft- above-mentioned concerning the right of taxa- bifamsof tion muft be underftood with the latitude we have here given it with refpect to the inhabi tants of Great-Britain, fo as to make the non- electors liable to pay the taxes impofed by act of parliament as well as the electors ; fince even in their own provinces a fimilar extenfion muft be given to it in order to make all the inhabitants of them liable to pay the taxes im pofed by their afTemblies, there being no go vernment, as I believe, in all America of fo very popular a conftitution as to allow to all the male inhabitants of the age of twenty-one years, who live under it, a right to vote for members of the affembly. This latitude therefore they acknowledge to be reafonable and necefTary. But they diftinguifh their own cafe from that of the non-electing inhabitants of Great-Britain by the two following circum- flances. [ 139 ] fiances. In the firft place they obferve that Their firft argument, the non-eleding inhabitants of Great-Britain derived rr A- r t ^" r are thofe who are not pollened of any freehold being i- i owners of land, or who have fc little as not to be worth freehold , . . /- A i 1 - i lands. taking notice of. And this is certainly true, the law upon this fubjeft being that every man in England who poiTefles a piece of freehold land either for life or to him and his heirs for ever, that is worth only forty {hillings fterling per annum, has a right to vote at the eleclion of a member of parliament for the county in which his land is fituated. And befides thefe freeholders, who vote for the county-members, there are a great number of perfons who have no freehold land, but yet have votes for the members of fome city or borough, upon fome other account, fuch as their being freemen, or burgeiTes of thofe towns, of which many are places of great trade. " Now, fay the Ame ricans, fincc all your freeholders of land in England have a right to fend members to par liament, and a great many other inhabitants of England, (who have no freeholds, but are concerned in trade in fome way or other,) have alfo a right to fend members to parlia ment to reprefent the towns in which they S 2 refide, [ 1 4 o ] refide, it is but juft that fuch of us Americans as are poflefled of freehold land in America of the yearly value of forty (hillings, and the in habitants or burgeffes of our trading towns, (which anfwer to your parliamentary boroughs in England,) {hould alfo have the privilege of lending members to the Britim parliament to protect and promote our interefts in it, as the prefent members do thofe of their Britiih con- ilituents. We do not contend that every man in America mould have a (hare in conflicting; o the legiflature by which we are to be bound, knowing that to be almoft impoffible : but we contend that this right mould be allowed to thofe perfons in America who are in the fame condition and circumflances with thofe inhabi tants of Great-Britain in whom this right is vefted. And till this is done, the Britim par liament muft be confidered as a foreign legifla ture with refpect to us, and we are not bound in law to pay the taxes which it mall impofe upon us." This is the firfl and principal cir- cumflance by which the Americans diftinguifh their cafe from that of the non-electing inhabi tants of Great-Britain. FRENCH- 1 1 . FRENCHMAN. This way of reafoning feems to me to be Remarks . . n r on the faid rather fpecious than juit ; imce it is not a argument, neceffary confequence of the king s making grants of new freehold lands in America, that they ihould be accompanied with all the fame conditions and privileges as belong to the old freehold lands in England. They may, as I conceive, be fubject to greater quit-rents, or to other burthens not annexed to the old lands, without the leaft injuftice, if the king, who grants them, and the grantees, who accept them from him, agree, at the time they are granted, that they fhall be fo. And therefore they may be inferiour to the old freehold lands in England with refpect to that privilege of voting in the election of members of the Britim. parliament, if it has pleafed the king and his grantees to make them fo. The only queftion feems to be what was the intention of the con- trading parties at the time of making thefe grants of freehold land in America; that is, whether it was their intention that the grantees of thofe lands fhould fend members to the Britiih parliament, or not; and, in the latter cafe, [ 142 J cafe, whether it was their intention that they mould be exempt from parliamentary taxation. And I think it is plain from what you mentioned of the charters of feveral of the provinces, and particularly the charter of Penfylvania, that there was no intention in any of the faid parties either that the freeholders of America fhould ever fend members to the Britim parliament,, or that they mould be exempt from paying the taxes impofed by it on account of their not doing fo. For none of the charters make the lead mention of fending members to the Bri tim parliament, nor yet of their being exempt from parliamentary taxation on account of their not fending any : but, on the contrary, the charter of Penfylvania exprefsly mentions par liamentary taxation as an exertion of authority to which the inhabitants of that province will ftill continue liable in all cafes, in common with their fellow-fubjects that fhall be refident in England ; and the other charters, by giving the alTemblies of their refpeclive provinces only a partial power of taxation for the local purpofes of thofe provinces, feem to have referved to the parliament of Great-Britain their original and antecedent right of taxing thofe [ H3 ] thofe provinces for the maintenance of the king s houfhold, the fleet and the army, and the other general purpofes of the British empire. There feems therefore to be no reafon for fup- pofing that it was the intention of either the kings of England, or the original grantees of freehold lands in America, or, in general, of the fettlers in America, either that the Ameri can freeholders mould fend members to the Britim parliament, or that they mould be exempt from parliamentary taxafcioa on account of their not fending any. And therefore I am apt to think that they have no right either to fend members to parliament, or to be exempt from its power of taxation, arifing from their pofleflion of freehold lands, whatever they may have upon other grounds with which I have not yet been made acquainted. ENGLISHMAN, I think you conceive of this matter juftly. The rights arifing from the pofleflion of free hold lands held by grant from the crown can be derived from no other fource but the will of the two contracting parties, the grantor and the grantee, at the time of making the con tract. J .44 ] trad:. Nor can Ifee any thing abfurd or unjuft in making a grant of freehold land unaccom panied with the privilege of voting for a member of parliament, any more than in granting it with that privilege. The whole, in this as in other contracts, depends on the terms of the contract, that is, on the ftipulations of the contracting parties. The king might, if he had pleaied, have given the Englifh fettlers in America no freeholds -at all, but only have leafed portions of land to them, to be held from three years to three years, fo that at the end of every three years the king fhould have had a right to turn them out of the land, and let it to other perlbns at new and higher rents. I confefs indeed it is hardly pcffible that this cafe mould ever be realized in North America, becaufe uncleared lands in this country are not worth accepting and cultivating upon fuch pre carious terms. But in the rich fugar lands in the Weft-Indies fuch a plan might perhaps have been carried into execution, if the kings of England had thought proper to purfue it ; though I admit that it would have been in every country a narrow and illiberal, and, upon the whole, an impoliticly fyftem. But yet we may may well enough fuppofe it for a moment to have been adopted, for the fake of argument, and in order to iiluftrate what you have ad vanced concerning the rights derived from the contracts concerning lands, namely, that they can be only fuch as the contracting parties have thought fit to make them. I fay then, that, if the Americans had accepted lands of the kings of England upon thofe precarious conditions, of holding them only from three years to three years, and then being obliged either to quit them or renew their leafes of them upon fuch terms as the king mould then direct, fuch a tenure would have been legal and binding upon them as well as the more beneficial tenure by which they now enjoy them. And in that cafe, as they would not have been freeholders, they could not have diftinguiQied themfelves from the non-electing inhabitants of Great- Britain, with refpect to the right of voting in the elections of members of parliament, by this firft circumftance of holding freehold lands, which, as I faid be fore, they make ufe of for that purpofe. Now, fince the king might have granted them the lands of America upon thefe precarious leafes T of of three years, and fuch leafes would have been legal and valid, it feems reafonable to conclude that the king was in like manner at liberty to grant them the fame lands as free holds (or upon certain fixt and unchangeable conditions,) without fuperadding to their pof- feflion of them the privilege of fending mem bers to the British parliament, which belonged to the old freehold lands in England. And this I take to have been really the cafe with refpeft to the freehold lands of America. FRENCHMAN. This feems to me to be fo evidently true, after all that you have faid concerning the charters of America, and particularly that of Penfylvania, that I can hardly think that any unprejudiced perfon can doubt about it. At leaft I will venture to fay that there are few proportions concerning the civil rights of man kind, (in cafes where they are not provided for and afcertained by clear and exprefs words, but are to be collected by reafoning and infe rence from other circumftances,) that are more evident than this is. And therefore I (hall lav it down as an acknowledged truth, during the reft [ 47 1 reft of our difcourfe upon this fubjecl, that, at the time of granting the feveral charters in America, there was no intention, either in the king or the American fettlers, either that the pofferTors of freehold land in America mould fend members to the parliament of Great- Britabj or that they mould be exempt from parliamentary taxation on account of their not fending any. And therefore, it appears to me that thofe poiTeilors of freehold land can have no ftrict right to fend members to the parlia ment in confequence of the pofleflion of thofe freeholds, becaufe that would be altering in their own favour the original conditions on which they became pofleffed of them. But you laid feme time ago, that there was The f c - another circumftance by which the Americans mem ufed diftinguimed their condition from that of the merictns" non-electing inhabitants of Great-Britain, fo as gtifhtheir to ground a claim upon it to be exempted from Sit o? fh e the obligation of paying the taxes impofed by the Britifh parliament, to which thofe Britifh non-electors were confefledly fubject. Pray, what is this fecond circumftance ? T 2 E N G- 148 ENGLISHMAN. It is their abfence from Great-Britain. They fay that the non-eleding inhabitants of Great- Britain are fo intermixed and connected with thole who have votes for members of parlia ment, and even with the members of parlia ment themfelves, that they have no reafon to apprehend that they (hall ever be made to pay any taxes impofed by the parliament, but thole which will equally be levied upon their neigh bours that have the privilege of electing mem bers, and the members themfelves that are elected : ---- that therefore they fuffer no hard- mip, or inconvenience, from their want of the privilege of voting for members of parliament ; and that, if any of them mould think they did fuffer any inconvenience from that circum- ftance, it was eaiy for them to find a remedy for this grievance by purchafing a fmall piece of freehold land worth only forty millings a year, which would give them a vote for the members of the county in which it lies j ---- that forty millings a year is ib very low a qua lification, that it is in the power of almoft every body to procure it 5 and that the ex- clufion [ 49 ] clufion of thofe who are too poor to procure it from the right of voting in elections of mem bers of parliament, is little more than an exclufion of thofe perfons to whom taxation is almo ft a matter of indifference on account of their want of property to be the object of it : and therefore, fay the Americans, the non-ele&ing inhabitants of Great-Britain are juftly liable to pay the taxes impofed by the Britim parliament. " But, lay they, it is far otherwife with us. We are not intermixed with the electors of the Britifh parliament, ar.d with the members themfelves that are elected to it, fo as to be taxed by them only when they tax themfelves, and in the fame degree j but we are totally leparated from them by an ocean of 3000 miles in breadth. From this feparation and imrnenfe djfiance from them, it would follow that, if we were liable to be taxed by the Britim parliament, we fhould be taxed by them as a feparate body of people, and not in common with themfelves and the other inhabitants of Great-Britain : and the fame attention to their own intereft, which makes the members of parliament cautious not to impofe unnecefliry or opprefiive taxes in [ 5 1 in Great-Britain, where they themfelves and their electors would bear a part of the burthen of them, would induce them to lay very heavy taxes on us Americans, (with whom they have no immediate common interefts,) in order to exonerate themfelves. And thus we mould become (if this right of the parliament were once allowed,) the beafts of burthen of the whole Britim empire, or (as the continental congrefs exprefTes it in one of their publick papers,) hewers of wood and drawers of water for our fellow- fubjeds in Great-Britain. It would therefore be unjuft, and confequently is unlawful, for the Britim parliament to tax us. * This is the fecond circumftance by which the Americans endeavour to diftinguim their con dition from that of the non-electing inhabitants of Great-Britain. I believe I have flared it as ftrongly as their own writers do. You will judge what ftrefs ought to be laid upon it in determining the prefent controverfy. FRENCHMAN. Remarks It appears to me to be rather an argument on the faici ,. , c i u fecond r- of policy, or expedience, than or law, being nt wholly founded on an apprchcnfion of the abufc [ 5 ] abufe which the parliament might make of the power of impofing taxes on the Ameri cans, if they were allowed to exercife it. The apprehenfion of the abufe of any civil power is no argument againft its legality, even when fuch apprehenfion is well-grounded ; but is only a ground for endeavouring to make fome new regulations of it by which fuch abufe of it may be prevented. In order to prove the legality or illegality of any power in civil fb- ciety, we muft inquire what was the original compact between the parties by whom, and the parties ever whom, it is to be exercifed. This compact, whether exprefs or implied, appears to me to be the only rule by which a queftion of this fort can be decided. If the compact is exprefs, the decision of the queflion will be the more eafy : if it is only implied, it muft be collected from a variety of circum- ftances 3 fuch as, I ft, the practice of the parties with refpect to the power in queftion j or, adly, their claims at different periods, and the acknowledgement of fuch claims by the other party, or their filence with refpect to them, which may appear to be an acquiefcence in them ; or, 3dly, the exercife of iimilar powers by [ 5* 1 by the party which claims the power over the other party; or, 4thly, the antecedent con dition and relation of the two parties to each other before the cafe, concerning which the queftion arifes, exified ; and other the like circumftances, which tend to difcover and afcertain the intention of the contending parties at the time when the cafe, concerning which o the queftion has ariien, began to exift. For all civil powers are ultimately founded on compacts ; and every queflion of right will> if traced to its fountain-head, appear to be in reality a queflion of jaffi y that is, an inquiry concerning an ancient fad, to wit, the inten tion of the parties between whom the queftion arifes, or of their anceilors and predecefibrs, at the time when the cafe, concerning which it has ariien, began to exift. And every argu ment that does not tend to clear up and afcer tain that ancient matter of fact, is in my opi nion foreign to the fubject. I therefore con- fider the laft argument of the Americans in fupport of their claim of an exemption from parliamentary taxation, (which they build upon the danger of the parliament s abufmg fuch a power of taxing them, if it were allowed them,) as t 153 ] as of no manner of weight with refpect to the queftion concerning the right of parliament in this refpect : and confequently, if thefe are all the arguments of the Americans in fupport of their claim of the exemption aforefaid, I muft needs conclude that they are not intitled to it, but that the parliament of Great-Britain has a right to impofe taxes on them as well as on the inhabitants of Great-Britain, and efpecially for the fupport of the king s houfhold, the army, navy, ordnance, and foreign fortrefles, and the like general purpofes that relate to the whole Britim empire, to which their afiemblies are not by their charters and commiflions autho rized to tax the inhabitants of their rcfpedive provinces, and to which they have not hitherto been taxed at all. But perhaps I am too hafty in forming this judgement j and the Americans may have fome other arguments in fupport of their claim of this exemption, which you have not yet dated to me ; though I do not recollect that you mentioned any other in the beginning of our converfation upon this queftion, when you enumerated the feveral grounds upon which they maintained this controverfy. If they have any other argu- U ments, t 54 1 ments, I beg you would now inform me of them, that I may be thoroughly acquainted with the fubjecl in its whole extent. ENGLISHMAN. I know of no arguments that are brought by the Americans in fupport of their claim to that exemption, but thofe which we have been examining : and thofe I have ftated as fully and as ftrongly as I could, that you might know and feel the whole of what they have to offer upon this fubjecl. And I am not forry to find that you agree with me in thinking that that whole is infufficient to fupport their Adiftinc- claim. We muft not however forget the tweenpro- diftinclion which you fome time ago fuggefted taxes^nd between taxes raifed in the American provinces for ""ge- for the defence and fupport of the provinces pofes 5f r m which they are raifed, and taxes railed in tnern f r ^ ie maintenance of the king s houmold, the fleet and the army, and other fuch general purpofes that relate to the whole Britifh em pire. The former taxes may be lawfully raifed by the affemblies of the feveral provinces by virtue of the charters and commimons under which they are governed, and always have been . . [ 55 ].. ; ;, _ been fo raifed, without any interference of the parliament of Great-Britain -, though, perhaps, the faid parliament may be fuppofed, in ftricl- nefs of law, to have had a concurrent right with thofe aflemblies to impofe them : but the latter fort of taxes cannot legally be raifed by virtue of thofe charters and commifTions, and, in fact, have not hitherto been raifed at all. The former therefore ought, in point of equity The for- and prudence, (if not of ftricl law,) to be left to the American affemblies, to be raifed by them as heretofore, in purfuance of the powers contained in their charters and commiffions; but the latter ought to be raifed by ads of the Britim. parliament, or, at leaft, may be fo raifed with out any breach either of the charters of the American colonies or of the ufage that has prevailed in them upon this fubjecl:. FRENCHMAN. I am glad you agree with me in this diftinc- tion, and -acknowledge that it would be highly inexpedient, if not unjufr., for the Britifh par liament to impofe the domeftick taxes of the feveral provinces of America, which have al ways hitherto been raifed by their own aflem- U 2 blies, [ 156 I blies. For this is a matter of great importance, as I conceive, to the welfare and happinefs of thofe colonies, being the principal means they have of fecuring themfelves from the oppreffion of their governours and other officers of the crown, and of obtaining a redrefs of the grievances under which they may at any time labour. The governours of provinces are ge nerally men who have no eftates in the pro vinces they go to govern, nor any natural con nections with the people of them, that mould make them take a hearty concern in their wel fare : and they often are perfons who have their fortunes to make, having either never had any eftate at all even in England, or, if they have had one, having run it out by their luxury and extravagance, after which, by the interefl of the noblemen and gentlemen of power in whofe company they have fpent their fortunes, they are fent to the American provinces, in the important ftations of governours, to repair them. Such perfons will, in all probability, be greedy of money, and difpofed to take the fpeedieft methods of acquiring it : and it is hardly to be doubted that, if there was no check or controui of their authority in the provinces [ 57 ] provinces themfelves over which they prefide, they would make ufeof the great powers vefted in them by their commiflions to exact money from the people in a variety of ways : and complaints to England for redrefs of fuch op- prefTions would be too expenfive and tedious to be made by the greater part of thofe who would have differed by them j and when made, would often, (either from the difficulty of tranfmitting acrofs the Atlantick ocean fuffi- cient evidence to fupport the charges, or by the favour and partiality of the great men be fore whom they would be brought, who would many of them, perhaps, be old friends and companions of the governour complained of,) meet with no fucceis. But by means of the afTemblies of the people and their power of granting or refuting money for the fervice of the province, fuch oppreffions are properly taken notice of and often meet with due re drefs ; and, if they have been committed by the governours themfelves, and have been great and frequent, will be tranfmitted to the king himfelf with fo much weight by an addrefs of the aflembly as to induce his Majefty to remove the governour from his office. And the appre- henlion [ 158 ] henfion of thefe confequences will deter the officers of government from being guilty of the oppreffions that would give occafion to them. Such, I conceive, are the beneficial confe quences refulting to the American provinces from the eflablimment of aflemblies of the people in them, and the powers vefted in thofe aflemblies of raifing money on the inhabitants of them for the purpofes of their domeftick government: all which would intirely ceafe, if the parliament of Great-Britain fhould, (by virtue of its antient and original authority over the firft fettlers in America,) interfere in this matter, and impofe thefe domeftick taxes in the feveral colonies, inftead of leaving them to be raifed, as heretofore, by their refpedlive Expedi- aflemblies. But this is no objection to the par- fmpofing liament s impofing thofe other taxes on the genera?* Americans, which relate to the maintenance Snthe in- ^ &Q arm y an ^ navy and the other general ofAm"^ purpofes of the Britim empire. Thefe, I mould ca h 7 ^ 2 tn ^ n ^> might be impofed by that authority with oftheBri- little, or no, danger to the liberties of the tifli par liament. Americans, fo long as the former were left to their aflemblies. ENGLISH- [ 159 3 ENGLISHMAN. I think fo too : and, if I were an inhabitant of one of the English provinces of America, in which aflemblies are eftablifhed, I fhould not, (if I know my own mind) be at all averfe to being taxed by the parliament of Great- Britain to any of thofe general purpofes ; I mean, if the taxes required of me were mo derate and reafonable and proportional to my fortune : for heavy and unreafonable taxes are always oppreffive and odious, and have a ten dency to excite a refinance from thofe who are to pay them, by whatever authority they are impofed, But for a moderate tax laid upon a proper fubjedt, and appropriated, we will fay, to the maintenance of the royal navy of Great- Britain, by which our coafts and our trading veflels are protected, I proteft I fhould be very willing to pay it, though impofed by the par liament of Great-Britain in which I had no fpecial, or chofen, reprefentative. And I lliould i j r \ - r \ r cability ot be the more ready to lubmit to Inch a tax from railing a fenfe of the impracticability of collecting a in any general tax from all the colonies in America by any other method, and of the confequent [ 160 ] neceffity of having recourfe to the authority of the Britim parliament for that purpofe. For, according to the prefent constitution of the Britim government both in the ifhnd, or king dom, of Great-Britain, and in the American provinces, there are but two authorities by which it would be poffible to levy fuch a tax, which are thofe of the American affemblies and of the Britim parliament. To levy it by the authority of the feveral American arTemblies would be extreamly difficult, if not totally impracticable. For, as it would be a tax that related to a matter in which the American colonies were all concerned, (the fupport of the royal navy of Great-Britain and the defence of the coafts and trade of America,) it would be juft and reafonable that they (hould all con tribute to it : and that it is probable fo many different affemblies could never be brought to do; not to mention the former obfervation of the want of a legal authority in the aflem- blies, by the charters and com millions of the American provinces, to lay taxes for thelc general purpoies. It can only be levied there fore (if it is to be levied at all) by the autho rity of the Britim parliament. The difficulty, or or rather impracticability, of procuring a con- currence of opinion and action between all the faid im- . . prafhca- different aflemblies of the American colonies biiityin the year in any common caufe, or concern, was expen- 1754. enced about the beginning of the late war, when the Americans complained of the en croachments made by the French of Canada upon the king s territories on the river Ohio and in other places. No union could be pro cured among them : but, while one colony raifed troops to repel the encroachments of the enemy, another, that was lefs expofed to dan ger from them, refufed to raife any : and the French gained coniiderable advantages in the beginning of the war by means of this want of union among the colonies. This was at Opinion 11 oftheEng- that time notorious to all the world : and the iifhAme- Engliih Americans themfelves had fo ftrong a on this fenle of the dangers they were likely to be expofed to from this circumftance, that, in July, 1754, when a war with France was apprehended, commiffioners were appointed by feveral of the colonies, who met at Albany on Hudfon s river in the province of New- York, to form a plan of union for their com mon defence. The plan they agreed to was, X in [ "62 ] in fhort, this ; " That a grand council mould be formed of members to be chofen by the aflemblies of the people in all the Englifh colonies : and that this council, together with a governour-general, to be appointed by the crown, mould be impowered to make general laws to raife money in all the colonies for the defence of the whole." This plan was not approved by the government in England, and fo was not carried into execution. But the propofal of it fhews the opinion of the Ameri cans themfelves to have been at that time, that, in order to lay taxes effectually upon all the colonies towards any general plan of de fence, or other object relating to them all, it was neceflary to have recourfe to the authority of fome one afTembly, or legiflature, properly conftituted and impowered to exercife fo great a truft, and not to depend on the concurrence of the feveral provincial aflemblies. It is only to mew that this was the opinion of the Ame ricans at that time, that I have now mentioned this plan of a grand council, without meaning to give any opinion concerning the plan itfelf. Whether fuch a grand council, or the parlia ment of Great-Britain, is the fitter legiflature, in in point of expedience and policy, to be in verted with this power of raifing thefe general taxes upon all America, I will not pretend to determine. I will only fay that the parliament of Great-Britain fubfifts already, and has done fo for feveral centuries, as the great legiflature of the Britifh nation throughout all the domi nions of the crown, without any exception of the Englifh colonies in America, (as we have feen in the courfe of our examination of the reafons alledged by the Americans in- fupport of their claim to an exemption from its jurif- diclion,) and that the aforefaid grand council has not yet been eftablifhed, and, if it ever fliould be eftablimed, would be a great inno vation in the Britifh government ; and that great innovations are always dangerous. But, till fuch a grand council is eftabliihed, the par liament of Great-Britain is the only fingle le giflature by which fuch general taxes can be legally impofed on the Americans, and there fore, in my opinion, is the legiflature by which they ought to be impofed. FRENCHMAN. %. I fee plainly the necefiity of having recourfe to fome one legiflature for the levying of any X 2 en-ral 164 ] general tax that is to be paid by all the colonies of America. And that legislature in the pre- fent ftate of things, without making fome new eftablifhment for the purpofe, can be no other than the Britim parliament. And this neceflity ought, certainly, to be an additional reafon with the Americans for fubmitting to its authority with refpect to thofe general taxes, over an4 above the legal obligation under which they lie to do fo, from their inability to make out their claim to an exemption from itsjurildic- tion. But you fome time ago intimated that they pretend to be mightily afraid of being grievoufly oppreffed by taxes laid by the Britiih parliament, if they fhould ever acknowledge its authority to impofe them. Pray, do you imagine there would be any great danger of fuch oppreffion ? ENGLISHMAN. Reafons I do not think there would be any fuch danger: and for thefe reafons. In the firft men;, if p i ace though the Americans have no actual its right to * :f tax the A- reprefentatives in the Britim parliament, and mencans r - we ac- do not live in the fame country with the per- knowledg- cd, would fons who elect the members of it> as the Bntun not exer- cife it op- pre/Tively. non-eledors do, yet there is a very great com- A great munity of interefts between them and the in- fnhlbi- 1 habitants of Great-Britain, arifing from their trade, by which a great number of people in Britain, both electors of members of parlia- ment and others, are deeply interefted in pre- Amerl - r / cans, and venting them from being opprefled. The w 1 * Americans have the greateft part of their cloath- be vigilant 1 e to prevent in?, and all their arms, and implements of their being opprefied. hufbandry and the mechanick trades, and other hard- ware, and a variety of other commodities, from Great-Britain, to the amount of fome millions of pounds fterling in a year. This employs a confiderable number of merchants in England, and a very great number of ma nufacturers who prepare the goods which are . exported to America. All thefe perfons are bound by a regard to their own intereft, to uie their endeavours to prevent the Americans from being unreasonably burthened with taxes : for, if they mould be fo burthened, they muft in confequence retrench fome of their expences, and confequently would buy fewer of the goods which thefe manufacturers and merchants fup- ply them with ; by which means the bufinefs and profits of thefe merchants and manufacturers would [ 66 ] would be diminimed. It is natural therefore to fuppofe that thefe merchants and manufac turers would do every thing in their power to prevent the Britifh parliament from impoverim- ing their cuftomers, the Americans, by unne- cefTary or oppreffive taxes. And, by the con- ftitution of the Britifh Houfe of Commons, the mercantile part of the nation has a very great influence in it. This connection and commu nity of interefts between the Americans and the merchants and manufacturers of Great- Britain affords a fecurity to the Americans againft an oppreffive taxation by the Britifh parliament, which, (though not quite fo great in degree,) is in its nature fimilar to that of the non-electing inhabitants of Great-Britain : for neither of them can be taxed by parliament without a concomitant taxation, either direct or indirect, of thofe inhabitants of Great-Britain who have the right of electing members of parliament : in the cafe of a tax upon the non-electing inhabitants of Britain, the electors pay the fame tax as they; and in the cafe of a tax upon the Americans, the merchants and manufac turers of Britain, who fupply them with goods, would be fubftantially, though indirectly, im- poverifhed t 167 ] poverifhed by the tax, by means of the dimi nution of their bufmefs and their profits in confequence of the reduction of expence which the tax would neceflarily produce in their American cuftomers. This connection and community of interefts with the merchants and manufacturers of Great-Britain would, as I conceive, operate very powerfully in protect ing the Americans from being over-burthened by taxes laid by the parliament of Great-Britain, if their authority to do fo had been recognized by the Americans in the moft explicit terms. But there is another ground of fecurity to ad y, the . Americans the Americans, which is ftill ftronger than the are toodi- former : I mean their diflance from Great- Great-Bri- Britain, and their large and growing numbers, too nume- and their capacity, arifing from thefe circum- powerful, ftances, to refill: any acts of oppreffion com- mitted by Great-Britain, whenever they mail feel them. Great-Britain contains, it is faid, fix millions of people ; fome fay, eight mil- P reffive1 /- lions : America contains three millions, and is continually increafing in its numbers at a great rate ; fo that in twenty-five, or thirty, years it will probably contain as many as Great- Britain; and [ 68 ] and in fifty or fixty years twice as many. Taxation is always a difagreeable and difficult exertion of authority, though the authority itfelf be ever fo clear and undifputed : and we have feen tumults in England itfelf in oppofition to taxes impofed by act of parlia- mentj without the leaft pretence of doubt concerning the authority by which they were impofed, but merely through a diilike to the tax itfelf 5-- tumults that have rifen fo high as to caufe the tax to be repealed. How diffi cult then muft it have been to Great-Britain to have forced a tax upon the Americans againft their will, at. the diftance of three thou- fand miles from the center of her ftrengtn and authority, and with only a few troops fcattered here and there through that extenfive country ? We may fafely fay it would have been impoffible : and the parliament of Great- Britain muft have known that it would be fo. Now this confcioufnefs of their inability to enforce the payment of a tax in America againft the general bent of the inhabitants would, as I apprehend, have retrained the Britim par liament from ever attempting to impofe any general tax upon the Americans without a fcrupulous t 169 ] fcrupulous regard both to equity in the prin ciple and ground of impofing it, and modera tion with refpeft to its quantity. You will obferve that I do not place the fafety of the Americans in the actual exertion of their ftrength in oppoiition to the oppreflive taxes that fliould be impofed on them by the Britifli parliament ; (for that, I am aware, is a difmal remedy, which the people may always refort to, and fometimes do refort to, in the worft of govern ments :) but I place it in the parliament s knowledge that they pofTefs that flrength, and their confcioufnefs (ari(ing from that know ledge) of their own inability to enforce the payment of any tax upon them that mall not, by its reafonablenefs and equity, make its own way amongft them, and difpofe them to be alhamed of refitting it. And this reafon would have ftill more weight at prefent in retraining the parliament from abufing the power of tax ing the Americans, if they were to be allowed to exercife it, than it would have had before the prefent troubles. For, fince the refiftance of America to the authority of the Britifli parliament has been fo flrong and fo obftinate as hitherto to have baffled all the endeavours of Y Great- [ 170 ] Great-Britain to overcome it, and to have al ready put her to an expence of more money, in the exertions that have been hitherto made in this unhappy conteft, than all the taxes that America could pay, if reduced to the moft compleat fubjeclion, would be fufficient to make good in the courfe of many years, it is next to certain that, if the authority of the Britifh parliament to lay taxes on the Americans for the general purpofes above-mentioned was to be recognized by the Americans, the parliament would be exceeding cautious in the ufe of fuch a power, and would take particular care to impofe only fuch taxes upon them as were likely to be thought reafonable and juft by them, and to be paid without a fecond refift- ance. Thefe are my reafons for thinking that the Americans would run no rifque of being burthened with unreafonable and oppreffive taxes by the parliament of Great-Britain, if the right of the parliament to impofe them had been ever fo explicitly recognized. FRENCHMAN. I think there is a good deal of weight in thefe reafons. And even the diftance of the Americans t 7 ] . Americans from Great-Britain (which you ofthefe- cunty of have touched upon but nightly) would operate thcAmeri- , i i r j C n s af- conhderably in their favour, independently or ing from the ftrength which they derive from their great tancefrom and growing numbers. The old Latin faying may be juftly applied on this occasion ; Procul a jfove, procul a fulmlnt. No governments exert the fame vigorous authority over their diflant provinces as over thofe which are nearer at hand and more within the reach of their executive power. The tyranny of Nero and Domitian was lefs felt by the inhabitants of Egypt and Syria, (though then compleatly reduced to the form of Roman provinces,) than by the inhabitants of Italy itfelf. I mould therefore be inclined to think with you that the Americans would not run much rifque of being oppreffively taxed by the Britim parlia ment, if they were to acknowledge its autho rity to tax them. Yet there is a fact which i 11 i r r i fta many people alledge as a proof of the contrary; m 1765. I mean, the duty upon ftampt paper, which the Britim parliament impofed upon the Ame ricans in the year 1765. This, they fay, was a moft oppreffive tax wantonly irr poled upon the Americans by the parliament in the very Y 2 firft firft exercife of their pretended authority to tax America. I fhould be glad to know your opinion concerning this tax 5 whether, or not, it was oppreffive in its quantity, and whether there was any juft ground for impoiing it. ENGLISHMAN. I am of opinion that that famous duty was both moderate in its quantity and impofed upon a juft occafion ; as I doubt not you will readily agree with me, when I have ftated to you the fum of money it was intended to produce, and the reafon of impofing it. They were as follows. Before the laft war the whole expence of all North- America to the Britifh govern ment was only .70,000 fterling per annum. In the courfe of the war, (which was under taken folely to preferve the Engiifh colonies againft the encroachments, or fuppofed en croachments, of the French on the river Ohio and in Nova Scotia,) Great-Britain fpent above an hundred millions of pounds fterling; of which 70 millions remained as a debt upon the nation at the end of the war, the intereft pi" which was about .2, 300,000 a year, which was [ 173 ] was a perpetual load upon the revenue of Great-Britain incurred for the defence of Ame rica. The American colonies had alfo exerted themfelves in the courfe of the war, by grants of money for the defence of their refpective territories as well as by levies of troops j and I will fuppofe (for I am not minutely ac quainted with this matter, and do not wifh to derogate from their merits) to the utmoft of their abilities. At laft a peace is made ; by which all Canada and Florida are ceded for ever to the crown of Great-Britain ; the Britifh miniftry having infifted, in the courfe of the negotiations for the peace, on retaining thefe countries in North-America rather than the iflands of Martinico and Guadaloupe, (which were alfo in our pofleffion, and would have produced a great increafe of the public revenue of the nation,) merely with a view topreferve the North- American provinces from all poffible danger of being again molefled by the French. Having thus obtained ceffions of thefe new provinces of Canada and Florida, it was ne- ceflary that the king mould keep iome troops there to maintain the poiTeffion of them. And it was further judged neceflary to keep a fmall number number of troops at fome of the principal trading-pofts in the interiour, or upper, country of North-America, to protect the merchants who mould trade with the Indian favages at thofe places for their furs, and to watch the motions of thofe Indians, and prevent their making fudden irruptions into the back fettle- ments of the North- American provinces. All this required an additional expence beyond the .70,000 per annum which the eftablimments in America had coft the Britim nation before the war. This additional expence was.2 80,000, the whole expence of the American eftablifh- ment fince the peace amounting to .3 50,000. Whether this new eftablifhment was made more expenfive than was neceflary, as the Americans alledge, or whether it was a reafonable and pro per one, I will not pretend to determine. The king and parliament of Great-Britain were the proper judges of this queftion : and they formed the eftablifhment upon fuch a footing as to require an annual expence of .350,000. This was an additional burthen to the public revenue of Great-Britain of .280,000 per annum, over and above the .2,300,000 per annum, which is the .intereft of the new debt of .70,000,000, [ 75 3 jf .70,000,000, contracted in the war: and it was evidently incurred for the protection of the American colonies. Of this fum therefore it feemed reafonable to Mr. George Grenville, (who was the king s minifter of ftate for the department of the public revenue in the year 1764, and who was zealoufly defirous of ferving his country in that capacity, and of leflening, by all the juft methods he could think of, the enormous burthens incurred by the nation in the preceding war,) that the American colonies mould pay a part, to wit, one hundred thoufand pounds, or little more than a third part of the aforefaid addition to the expence of that eftablimment. And, as this contribution ought in reafon and equity to be made by all the colonies in America, be- caufe they all received the benefit of the efta- blimment which was to be, in part, fupported by itj he thought the moft convenient way of impofing it would be to make ufe of the authority of the Britifh parliament for that purpofe ; not thinking it probable that all the different afTemblies of the provinces in America would concur in raifing it, or, if they fhould be inclined in the main to raife their quotas of [ 176 I of it, that they would ever agree in fettling what thofe quotas fliould be. In this opinion he gave notice to the Houfe of Commons in the year 1764, that he fliould next year pro- pofe to their confideration the granting certain ftamp-duties to his Majefty, to be levied on their fellow-fubjects in America, that fhould produce the fum of .100,000 per annum, being about one third part of the additional expence of the American eftablifhment fmce the conclufion of the war ; and that he pur- pofely deferred his motion for impofing thefe duties on the Americans till the next year, to the end that the colonies might have time to coniider of the matter, and to make their option of railing that or fome other equivalent tax that they mould like better. This notice of an intention to apply to the Britim par liament for the impofition of a tax upon Ame rica, alarmed fome cf the agents of the Ame rican colonies, and occafioned their waiting upon Mr. Grenville feparately, to confer with him upon the fubject, and their writing about it to their refpeclive colonies. And at the end of the fame feffion of parliament the colony-agents all went to him in a body, to know [ 77 1 know if he ftill intended to bring in fuch a bill. He anfwered, " that he did :" and then re peated to them in form, what he had before faid in the Houfe of Commons, as well as to fome of them in private, to wit, " That the " late war had found us feventy millions, and " left us more than one hundred and forty " millions, in debt. That he knew that all " men wifhed not to be taxed : but that, in " thefe unhappy circumftances, it was his duty, " as a fteward for the publick, to make ufe tc of every juft means of improving the pub- " lick revenue : That he never meant, how- <c ever, to charge the colonies with any part " of the national debt : but that, befides that " publick debt, the nation had incurred a great " annual expence in the maintaining of the " feveral new conquefts, which we had made * c during the war, and by which the colonies " were fo much benefited. That the Ame- " rican civil and military eftablifhment after " the peace of Aix La Chapelle was only " jC-7> oo P er ann um : and that it was now " increased to .3 5 0,000. That this was a " great additional expence- incurred upon an " American account : and that he therefore Z " thought [ 178 J " thought that America ought to contribute <e towards it. That he did not expect that " the colonies fhould raife the whole of it : <c but that he thought they ought to raife fome C part of it: and that the (lamp-duty was ct intended for that purpofe." Pie added, " That he judged this method of raifing the " money to be the eafieft and the moft equi- " table : That it was a tax which would " fall only upon people of property ; that it te would be collected by the fewefl officers ; <f and would be equally fpread over North- " America and the Weft-Indies ; fo that all- " would bear their fhare of the publick burthen." He then went on in thefe words ; " I am not, " however, fet upon this tax. If the Ame- " ricans diflike it, and prefer any other method " of raifing the money themfelves, I mall be ce content. Write therefore to your feveral " colonies : and, if they chufe any other mode* " I mall be fatisfied, provided the money be " but raifed." Such was Mr. Grenville s converfation with the agents of feveral of the American colonies in the year 1764 concern ing the (lamp-aft which was then intended to be parTed in the following feflion, as it is re lated t 79 1 lated by Mr. Mauduit, one of thofe agents, in a paper which he printed with his name to it in the year 1775. And he declares in this paper that Mr. Edward Mountague, the Matter in Chancery, (who in the year 1764 was agent for the province of Virginia, and was prefent at that meeting of the colony- agents at Mr. Grenville s houfe,) had read over this paper of Mr. Mauduit, and afiented to every particular of it. The agents of the colonies accordingly wrote to their refpedive afiemblies to acquaint them with this intention of Mr. Grenville to move in parliament for a ft amp-duty upon America, and with the offer he made at the fame time, of forbearing to move for it, if they would raife the fame fum of money among themfelves by ads of their feveral afiemblies. But they refufed to do this : and thereupon the ftamp-ad was patted by the parliament in the following year 1765. This is, as I believe, the true hittory of the famous ft amp-ad. I leave you now to judge for yourfelf whether there was any thing un- juft or oppreftive in it. Z 2 FRENCH- [ i8o J FRENCHMAN. I do not conceive how any one can think it either oppreffive or unjuft j I mean of thofe who allow the Britifh parliament to have in any cafe the right of impofing taxes on America, as you and I do for the reafons we have already mentioned, For it is a tax for one of thofe general purpofes that relate equally to all the colonies, to wit ? the maintenance of the pof- feffion of the new-acquired provinces of Ca nada and Florida, (which inclofe ajl the reft, and from which, if they were in the hands of enemies, irruptions might be made into them,) and for the protection of the perfons concerned in the Indian trade and of the back fettlements of all the provinces j and therefore, (according to what we have already obferved concerning the charters and commiflions under which the Americans are governed,) it could not be le gally levied by the feveral aflemblies of the American provinces by virtue of their char ters and commiflions, the powers of taxation contained in thofe inftruments being not fuffi- ciently extenlive : and (which is of more im portance), if it could be legally levied by virtue * c pf t 181 ] of thofe inftruments, it would ftill be impoffible in practice to procure it to be levied in that manner, becaufe of the dirTenfions that would infallibly arife amongft the different colonies concerning the magnitude of the quotas which each of them ought to contribute towards it. It feems to me therefore that it could not be levied at all, according to the prefent conftitu- tion of the Britifti government, if it could not be impofed by the authority of the Britifli par liament : and that, I think, would be very unreafonable, fince the eftablimment, which was to be, in part, fupported by it, was fo im mediately and fo highly beneficial to America. I mould incline however to be of opinion that, if they had paid this ft amp -duty chearfully, and had acknowledged the right of the Britifli parliament to impofe taxes on them, (at leaft for thofe general purpofes that related to all the colonies, and to which they all ought to contribute,) they would have had a reafonable pretence for afking to be permitted to fend members to the parliament as well as the coun ties and boroughs of Great-Britain itfelf : and 1 do not conceive that their diftance from Great- rf , 1 K I lUl T Britain would render this at all impracticable, now r ^ i now that the navigation and intercourfe between the countries is fo frequent and regular. And this might probably have made them eafy, and removed thofe apprehenfions of being oppref- fively taxed by Great-Britain, which they now declare they entertain in confequence of their want of fpecial reprefentatives in that great af- fembly j though, indeed, I do not conceive their apprehenfions of fuch opprefiion to be very well founded, (even while they have no fuch reprefentatives,) for the reafons we have already mentioned. However, if they had de- fired to have fuch reprefentatives in the Bri- tifh parliament, in a reafonable number, in order to remove every (hadow of inequality or hardfhip, and to place them intirely on the fame footing as their fellow-fubjects residing in Great-Britain, I think they ought to have been indulged in their requeft, and, perhaps, could not decently have been refufed it. ENGLISHMAN. I am intirely of your opinion. They cer tainly would have had a very equitable ground for making fuch a requeft ; and it could not with any appearance of decency have been refufed t 183 ]. fefufed them. And this is allowed by the warmeft advocates for parliamentary taxation. For Mr. Grenville himfelf, who brought for ward the meafure of impofing the ftamp-duty upon them, ufed to declare that he thought it reafonable that they (hould, if they defired it, fend members to the parliament of Great- Britain -, though he did not think that their not having hitherto done fo rendered the au thority of the parliament incompetent to the exercife of the power of taxation over them before this improvement of the conftitution of the Houfe of Commons had taken place. In deed this admiflion of reprefentatives from the American colonies is the natural, obvious, and constitutional remedy for the inconveniences they would otherwife be fubjecl to from the exercife of the parliament s authority in the bufmefs of taxation. It is the very remedy which was applied in a fimilar cafe about a hundred years ago with refpect to the bifhoprick, or county palatine, of Durham in England ; and with compleat fuccefs, no complaints hav ing been made by the inhabitants of that county upon this fubjecl: at any time fince. They were before this liable to pay all the taxes impofed impofed by the Englifh parliament in the fame manner as the inhabitants of the other counties of England ; and they conftantly paid them : and yet they fent no members to the parlia ment. This they thought a hardfhip, and reprefented as fuch to the parliament, and, upon that ground, delired to be permitted to fend members to the parliament. The par liament thought their requeft reafonable, and granted it : and from that time to this they have fent four members to the Englifh Houfe of Commons, namely, two for the county, or bifhoprick, at large, who are chofen by the freeholders of it, and two for the city of Dur ham, who are chofen by the mayor, aldermen, and freemen of the corporation of that city. This act was parTed in the year 1672, which was the twenty-fifth year of the reign of king Charles II. or the thirteenth year after his reftoration. The preamble of it is in thefe words. " Whereas the inhabitants of the county palatine of Durham have not hitherto had the liberty and privilege of electing and [ending any knights and burgejjes to the high court of parlia ment > although the inhabitants of the faid county palatine are liable to all payments, rafes t and fiibfidies Jubfidies granted by parliament > equally with the inhabitants of other counties, cities and boroughs in this kingdom, ( who have their knights and burgcffes in the parliament,) and are therefore concerned, equally with others the inhabitants of this kingdom, to have knights and burgeffes in the /aid high court of parliament of their own election, to rcprefent the condition of their county, as the inhabitants of other counties, cities, and boroughs of this kingdom have." This preamble exprefTes clearly the opinion that prevailed upon this fubjecl: in the English parliament and na tion, that is, in other words, it exprefTes the conftitution of the Englifh government upon this matter, in the reign of king Charles II. which is the very sera of the Englifli hiftory which we ought to pitch upon in order to afcertain the rights of the American eoloniftSj becauie it was during this reign that mod of their charters were granted, and their govern ments eftablifhed or brought into form and order. The more early part of the hiftory of England feems foreign to this inquiry, and tends only to lead us into doubt and perplexity concerning it. This meafure, therefore, of permitting the inhabitants of the American A a colonies [ ,86 ] colonies to fend members to the British parlia ment, which you have fuggefted as the proper remedy for the complaints of the Americans againft parliamentary taxation, appears by this great example to be the true, natural, and con- ftitutional remedy for that grievance. And, as you alfo rightly obferved, it would be by no means impracticable by reafon of the diftance of the two countries from each other, now that the navigation to and from America is fo well underftood and fo conftantly practifed, and the intercourfe with it is fo frequent and regular. Indeed the difficulties of that kind, (I mean thofe that are owing to the diftance of the two countries,) have been already actually tried, and found to be trifling, in a cafe that is exactly fimilar to that of an election of reprefentatives from America in the Britifh parliament j I mean, in the appointment of agents for the American colonies reiiding in Great-Britain, to tranfact their bufmefs with the king s majefly, or his minifters of ftate, or privy-council, or with the two houfes of parliament. The dif- tance of thefe agents from their conftituents in America is found to be no impediment to their tranfacting the bufmefs entrufted to them to the [ -87 J the fatisfadion of their conflituents, nor to their receiving the neceflary inftrudtions and informations concerning the fentiments of the colonies by which they are employed : nor is it found to be neceflary that thefe agents fhould be perpetually crofTing the feas to and from America in order to receive thefe inftruclions and informations. The lame may therefore well be fuppofed concerning any reprefentatives which the Americans mould be permitted to have in the Britim Houfe of Commons. They would not be under any neceflity of per petually going backwards and forwards between England and America, any more than thefe agents ; nor would they find any greater diffi culty in tranfacling the bulinefs of their con- ftituents in parliament than thefe agents do in tranfacling the bufinefs entrufled to their ma nagement out of parliament. In fhort, admit thefe agents into parliament, with a reafonable increafe of their number ; and the bufinefs is done. So far is it from being (as fome people have reprefented it,) a chimerical, vifionary, and impracticable meafure on account of th^ diftance of America from Gi cat-Britain. A a 2 FRENCH- i88 FRENCHMAN. I wonder therefore that this meafure has never been adopted, fmce it appears to be both fo agreeable to the confutation of the Britim government, and fo eafy to put in praclice. Has nobody ever thought of it, or propofed it? And, if they have, what has hindered it from being adopted, feeing that, if it were once eftablimed, it would put a fhort and happy end to this whole unfortunate contelt ? ENGLISHMAN. Thefe are queftions which I am not very fure that I can anfwer. However, I will en deavour to give you fome fatisfaction concern ing them. In anfwer to your firft queftion I muft obferve that this method of fettling the difputes between Great-Britain and her colonies is by no means new. It has often been mentioned and fug- gefted, and fometimes by men well acquainted both with the Britim conftitution and the nature of the American colonies and the fentiments that prevail amongft them. Many Englishmen and many Americans have thought of it. Mr. Grenville Grenville himfelf, as I obferved before, has more than once declared in parliament that he thought fuch a meafure would be reafonable. p And Mr. Thomas Pownall, (who was governour of the Maflachufets bay during part of the late war, and who is very well acquainted with the constitutions of that and the other colony-go vernments, and who alio was, as I have hear d, much efteemed and refpected by the people under his government,) has publickly recom mended this meai ure in tvyo books which he has publimed, (the one eight or nine years ago, the other about two years ago) on the admi- niftration of the colonies. And the great Dr. Benjamin Franklyn himfelf, whofe abilities and opinions are fo much revered by the Americans, was formerly of the fame opinion. As his opinions upon the fubjecls of the prefent difputes between Great-Britain and America are juftly confidered as of the greateft weight, I will read to you, (as I have it at hand,) a part of a letter written by him to Mr. Shirley, the governour of the Maflachufets bay, in the month of De cember, 1 754, upon this very fubjecl:, of admit ting reprefentatives from the American colonies into the Britim parliament, Letter Letter from Benjamin Frankly n, Efq; to Governour Shirley, dated, Bofton, December 22, 1754. S I R, * e CINCE the converfation your Excellency was pleafed to honour me with, on the " fubjed: of uniting the colonies more intimately " with Great-Britain, by allowing them repre- " fentatives in parliament, 1 have fomething " further confidered that matter, and am of " opinion, that fuch an union would be very <c acceptable to the colonies, provided they had <e a reafonable number of reprefentatives al- Cf lowed them; and that all the old acts of " parliament, reftraining the trade, or cramp- <{ ing the manufactures of the colonies, be at " the fame time repealed; and the Britidi " fubje&s, on this fide the water, put, in <f thofe refpects, on the fame footing with " thofe in Great-Britain, till the new parlia- <c ment, reprefenting the whole, mall think it " for the interefl of the whole to re-enact; <f fome or all of them, " It t 9 1 , : <e It is not that I imagine fo many repre- " fentatives will be allowed the colonies, as " to have any great weight by their numbers ; tc but I think there might be fufficient to " occafion thofe laws to be better and more " impartially confidered ; and perhaps to over- < come the private intereft of a petty corpora- <c tion, or of any particular fet of artificers or <c traders in England j who heretofore feem, " in fome inftances, to have been more re- t garded than all the colonies, or than was " confiftent with the general intereft, or bed " national good. I think too, that the go- " vernment of the colonies by a parliament, <c in which they are fairly reprefented, would " be vaftly more agreeable to the people, than " the method lately attempted to be introduced " by royal instructions, as well as more agree- <c able to the nature of an Englim conftitution, <c and to Englim liberty : and that fuch laws, " as now feem to be hard on the colonies <c (when judged by fuch a parliament for the " beft intereft of the whole) would be more " chearfully fubmitted to, and more eafily " executed. "Iftould " [ 192 ] I fhould hope too, that by fuch an union, " the people of Great-Britain, and the people " of the colonies, would learn to confider " themfelves, not as belonging to different " communities with different interests, but to < one community with one intereft j which, I <{ imagine, would contribute to ftrengthen the <c whole, and greatly lejjen the danger of future " feparations."* You fee by this very refpedtable teflimony, that in the year 1754 this meafure, of lending members to the Britifh parliament, would in all probability have been very agreeable to the Americans, and confequently would, if it had been then adopted, have prevented all the pre- fent difputes. But at that time the Britifh nation feemed averfe to it : and even now they do not feem much inclined to adopt it, not- withftanding the alarming height to which the diflurbances in America have arifen for want of fome fuch fettlement ; though, perhaps, they might now be brought to confent to it, if it * See this whole letter, with another of the late Mr. George Grenville on the lame iubjet, in the Appendix to Mr. Pownall s fecond Part of his AJminiftration of the Colonies, pubhflied in November, 1774. [ *93 1 it was earneftly applied for by the Americans as a certain means of reftoring the peace of the empire. But this the Americans now difdain to do -, and, in the confidence of their growing flrength and numbers, they have even gone fo far as to reject the meafure itfelf, before it has been offered them, by declaring in their publick addrefles, that they efteem it to be impracticable. So critical are the times and feafons in which new meafures of the utmoft importance to the ftate, can be fafely and fuc- cefsfully adopted ! FRENCHMAN. Pray, what are the principal objections made of the oh- 1 r, u i L tl 1 . c ^ - ieaions to this propolal by the inhabitants or Great- made by Britain, whofe intereft feems to me to require biwutsof an immediate accommodation with the Ame- tahTto the rican colonies upon almoft any terms, and American much more upon fuch honourable and ad van- ^ tageous terms as the prefervation of the unity of the whole empire by candidly admitting their American fellow-fubjects to a reafonable fhare of the fupreme legiflative authority ? Bb ENG- [ 194 1 ENGLISHMAN. I cannot well anfwer this queftion, the ob jections of many of them to this meafure bein^ -> J O founded (as far as I have been able to obferve,) on a kind of fufpicion and dread of novelty, and a difguft at the thought of mixing with people brought up in a different climate from themfelves, and under different modifications of the Britifh government and the proteftant religion, though uiing the fame language, and on the like delicate and undefcribeable feelings, rather than on any folid arguments againft it. However I will mention to you what two of the moft eminent Englim writers upon the fubject have publickly alledged againft it j I mean Dr. Tucker, the learned dean of Gloucefter, (who is a violent enemy to the pretenfions of the Americans) and Mr. Edmund Burke, the great orator in the Britim Houfe of Commons, who, for his uncommon eloquence both in (peaking and writing, may well be called the Storu" m d rn Cicero. This ingenious gentleman ST^Ed* f un d s ^ s objections chiefly on the delays that round would be ncccffary in fummoning parliaments in order to allow time for the fending the king s writ [ 195} writ of fummons acrofs the Atlantick ocean to the American colonies to chufe their repre- fentatives, and for the election of the repre- fentatives and their paiTage to England to attend the parliament. The inconveniences arifing from this circumftance he reprefents in a variety of lights, and makes them the fubject of his wit and ridicule. FRENCHMAN. Pray, what are the inconveniences that he lays fo great a ftrefs upon ? If you can recol lect them, I beg you would ftate them -, for I cannot conceive any objections to fuch a mea- fure, arifing merely from the diftance of the two countries, but what might be eaflly re moved. ENGLISHMAN. I think you are quite right in this opinion. And, accordingly, the objections he has made to this meafure, are, as you imagine, of fuch a kind, that a very little contrivance is necelTary to remove them. But that contrivance he has not thought fit to ufej though it evidently appears from what he has faid upon the fubject, Bb 2 that [ 96 ] that fome of the provifions necefTary to remove thofe objections had not efcaped his obfervation. The paflage in which he has ftated thefe ob jections is contained in a pamphlet publifhed in the year 1769, and intituled, " Objervations on a late State of the Nation" which was written in aniwer to another celebrated pamphlet, that had been publimed a little before, with the title of " The prejent State cf the Nation, " and which was fuppofed to be written by the advice and direction of the late Mr. Geqrge Grenville, and which the author, of the Obfer- vations on it every where considers as Mr. Grenville s work. As both thefe pamphlets are here at hand in the book you lee lying upon that table, I will look out the paiTages in them both which relate to the prefcnt fubject, and read them to you, if you are inclined to hear them. They take up but fix or feven pages in that octavo volume. FRENCHMAN. I mall be much obliged to you for reading them. It will give me great fa tisf action to hear what two fuch men as the late Mr. George Grenville and Mr. Burke have delivered upon io [ 197 I , :." ;. . fo important a fubject; not to mention the entertainment you have taught me to expert from the wit and vivacity of the latter in his manner of treating it. ENGLISHMAN. The pafTage in the firft-written of thefe pamphlets, called " -The prefent State of the Natioii" which relates to this fubject of Ame rican reprefentatiori, is as follows. " The A r> i *" ~ prodigious extent or the Bntifh dominions in brated America, the rapid increafe of the people there, in favour and the great value of their trade, all unite in rican re- giving them fuch a degree of importance in 5 r e n ! nt the ernpire, as requires that more attention fbould be paid to their concerns, by the fu- preme .legislature, than can be expected from it, fo long as the colonies do not elect any of the members of which the Houfe of Commons is compofed. It is not to give parliament a rifht to tax, or make other laws to affect the o lives or liberties of the fubjecls in the colonies, that I propofe their fending members to par liament : the authority of that auguft arTembly is not limited by the conftitution, to be exer- cifed over thofe fubjecls only, by whom the Houfe Houfe of Commons is chofen. The fupreme legiflature reprefents all the fubjects of the date : " For the legiflative is the joint power of every " member of the fociety, given up to that perfon " or that afTembly, which is the legiflator."* It is only efTential to the completion of the legiflative power in Great-Britain, that the members of the Houfe of Commons fhould be commoners, and elected by commoners. The prefcribed mode of election may be altered at any time ; but this efTential principle cannot be changed with out diflblving the confUtution. " The number of the electors is, I conceive, become too fmall in proportion to the whole people, and the prefent importance of the co lonies feems to demand that fome among them fhould be vefled with the right of electing; for it is not reafonable or fitting that the right of election for the whole of the elective part of the fupreme legiflature, mould continue re- ftrained to certain inhabitants of Great- Britain, noiVj that fo many of the fubjects of the realm refide out of Great-Britain. On this principle, and on this principle only, it is, that I think the colonies ought to be allowed to fend mem bers to parliament. Diffufing the right of election * eke Locke s Treatifc on Government. I 99 ] election will certainly give each part of the empire a better opportunity of laying open grievances, and obtaining redrefs, of acquiring benefits, and removing caufes of complaint, than they can have while it is confined to fuch only as refide in Great-Britain. But let it not be imagined, that by increafing the number of the eleclors, or adding to the members of the Houfe of Commons, any new rights can be given to the legiilature, or that the fovereign authority of the legiilature can be enlarged over thole who were always fubjecls of the realm ; it muft always have been abiblute and com- pleat over them, and it is not, therefore, capa ble of addition or enlargement." This is the paflage in favour of American representation, in the pamphlet written by Mr. Grenville, or his friend. Do you fee any thing very abfurd in it, or that affords much room for ridicule ? FRENCHMAN. Truly it feems to me to be very rational and judicious. Nor does my dull imagination enable me to conceive in what manner it can be made the object of ridicule. I am therefore, impa tient to hear the paflage in the other pamphlet, in which, you fay, this has been done. ENGLISH- ENGLISHMAN. It has indeed been done, notwithstanding you feem to think it impoffible :- and done too with fo much fuccefs as to indifpofe a great number of people againft the meafure of an American repre- fentation, and make them conceive it to be vifion- ary and impracticable, though they were for- Apaflage merlv inclined to think it reafonable. The firft of another . famous paffage in the pamphlet called " Observations pamphlet r & . . AT . . , . , , inanfwer on a late state of the Nation, m which the mer. foregoing paffage of the former pamphlet is remarked on, is in thefe words. " The fe- cond project of this author [that is, the author of the former pamphlet called " The prefent State of the Nation,"] is an addition to our re- prefentatives by new American members of parliament. Not that I mean to condemn fuch fpeculative enquiries concerning this great ob ject of the national attention. They may tend to clear doubtful points, and poffibly may lead, as they have often done, to real improvements. What I object to, is their introduction into a difcourfe relating to the immediate flate of our affairs, and recommending plans of practical government. In this view, I fee nothing in them [ 201 1 them but what is ufual with the author -, ari attempt to raife difcontent in the people of England, to balance thofe difcontents the mea- fures of his friends had already raifed in America." And the fecond and principal pafiage is in thefe words. <c Now comes his American repre- fentation. Here too, as ufual, he takes no notice of any difficulty, ncr fays any thing to obviate thofe objections that muft naturally arife in the minds of his readers. He throws you his politicks as he does his revenue j do you make fomething of them if you can. Is not the reader a little aftonifhed at the propofal of an American reprefentation from that quar ter ? It is propofed merely as a project of fpe- culative improvement 5 not from the neceffity in the cafe, not to add any thing to the autho rity of parliament : but that we may afford a greater attention to the concerns of the Ameri cans, and give them a better opportunity of ftating their grievances, and of obtaining re- drefs. I am glad to find the author has at length difcovered that we have not given a fufficient attention to their concerns, or a proper redrefs to their grievances. His great friend would once have been exceedingly difpleafed C c with [ 202 ] with any perfon, who fhould have told him, that he did not attend fufficiently to thofe concerns. He thought he did fo, when he regulated the colonies over and over again : he thought he did fo, when he formed two general fyftems of revenue j one of port-duties, and the other of internal taxation. Thefe fyftems fuppofed, or ought to fuppofe, the greateft attention to, and the moft detailed information of, all their affairs. However, by contending for the Ame rican reprefentation, he feems at laft driven virtually to admit, that great caution ought to be ufed in the exercife of all our legiilative rights over an object fo remote from our eye, and fo little connected with our immediate feelings ; that in prudence we ought not to be quite fo ready with our taxes, until we can fecure the defired reprefentation in parliament. Perhaps it may be fome time before this hopeful fcheme can be brought to perfect maturity j although the author feems to be no-wife aware of any obftrudtions that lie in the way of it. He talks of his union, juft as he does of his taxes and his favings, with as much Jangfroid and eafe, as if his wim and the enjoyment were exadly the fame thing. He appears not to [ 203 ] to have troubled his head with the infinite diffi culty of fettling that reprefentation on a fair balance of wealth and numbers throughout the feveral provinces of America and the Weft- Indies, under fuch an infinite variety of cir- cumftances. It cofts him nothing to fight with nature, and to conquer the order of Providence, which manifeftly oppofes itfelf to the poiilbility of fuch a parliamentary union. " But let us, to indulge his paffion for pro jects and power, fuppofe the happy time arrived, when the author comes into the miniftry, and is to realize his fpeculations. The writs are iflued for electing members for America and the Weft-Indies. Some provinces receive them in fix weeks, fome in ten, fome in twenty. A verTel may be loft, and then fome provinces may not receive them at all. But let it be, that they all receive them at once, and in the morteft time. A proper fpace muft be given for pro clamation and for the election j fome weeks at leaft. But the members are chofen ; and, if mips are ready to fail, in about fix more they arrive in London. In the mean time the parliament has fat, and bufmefs has been far advanced without C c 2 American [ 204 ] American reprefentatives. Nay, by this time, it may happen that the parliament is diflblved ; and then the members fhip themfelves again, to be again elected. The writs may arrive in America, before the poor members of a parlia ment in which they never fat, can arrive at their feveral provinces. A new intereft is formed, and they find other members are chofen whilft they are on the high feas. But, if the writs and members arrive together, here is at beft a new trial of fkill amongft the candidates, after one fet of them have well aired themfelves with their two voyages of 6000 miles. <{ However, in order to facilitate every thing to the author, we will fuppofe them all once more elected, and fleering again to Old Eng land, with a good heart, and a fair wefterly wind in their ftern. On their arrival, they find all in a hurry and buftle ; in and out ; condole- ance and congratulation j the crown is demifcd. Another parliament is to be called. Away back to America again on a fourth voyage, and to a third election. Does the author mean to make our kings as immortal in their perfonal as in their politic character ? or, whilft he bountifully adds to their life, will he take from them their pre rogative rogative of difTolving parliaments, in favour of the American union ? or are the American reprefentatives to be perpetual, and to feel neither demifes of the crown, nor diffolutions of par liament ? " But thefe things may be granted to him, without bringing him much nearer to his point. What does he think of re-election ? is the American member the only one who is not to take a place, or the only one to be exempted from the ceremony of re-election ? How will this great politician preferve the rights of electors, the fairnefs of returns, and the privilege of the Houfe of Commons, as the fole judge of fuch contefts ? It would undoubtedly be a glorious light to have eight or ten petitions, or double returns, from Bofton and Barbadoes, from Phi ladelphia and Jamaica, the members returned, and the petitioners, with all their train of attor- nies, follicitors, mayors, felect-men, provoft- marfhals, and about five hundred or a thoufand witneffes, come to the bar of the Houfe of Commons. Poffibly we might be interrupted in the enjoyment of this plealing fpectacle, if a war mould break out, and our conftitutional fleet, loaded with members of parliament, re turning [ 206 ] turning officers, petitioners, and witnefles, the electors and elected, fhould become a prize to .the French or Spaniards, and be conveyed to Carthagerja or tbLaVera Cruz, and from thence perhaps to Mexico or Lima, there to remain until a cartel for members of parliament can be fettled, or until the war is ended. c< In truth, the author has little fludied this bufinefs; or he might have known, that fome of the moil confiderable provinces of America, fuch for inftance as Connecticut and MafTa- chuffetts Bay, have not in each of them two men who can afford, at a diftance from their eftates, to fpend a thoufand pounds a year. How can thefe provinces be reprefented at Weft- minfier ? If their province pays them, they are American agents, with falaries, and not inde pendent members of parliament. It is true, that formerly in England members had falaries from their constituents; but they all had fala ries, and were all, in this way, upon a par. If thefe American reprefentatives have no fala ries, then they muft add to the lift of our pen- fioners and dependants at court, or they muit ftarve. There is no alternative. " Enough [ 207 ] " Enough of this vifionary union ; in which much extravagance appears without any fancy, and the judgement is mocked without any thing to refrefh the imagination. It looks as if the author had dropped down from the moon, without any knowledge of the general nature of this globe, of the general nature of its in habitants, without the leaft acquaintance with the affairs of this country. Governour Pownal has handled the fame fubjecT:. To do him juftice, he treats it upon far more rational prin ciples of /peculation, and much more like a man of bufinefs. He thinks (erroneoufly, I conceive ; but he does think) that our legifla- tive rights are incomplete without fuch a repre- fentation. It is no wonder, therefore, that he endeavours by every means to obtain it. Not like our author, who is always on velvet, he is aware of fome difficulties ; and he propofes fome folutions. But nature is too hard for both thefe authors ; and America is, and ever will be, without actual reprefentation in the Houfe of Commons; nor will any minifter be wild enough even to propofe fuch a reprefentation in parlia ment ; however he may chufe to throw out that project, together with others equally far from his [ 208 ] his real opinions and remote from his defigns^ merely to fall in with the different views, and captivate the affections, of different forts of men." This is the whole of what that ingenious writer has alledged in oppofition to the meafure of an American reprefentation. Are you con vinced by it that the meafure is impracticable ? FRENCHMAN. By no means : though I confefs I have been much entertained by the lively manner in which the author treats the fubjecl:, and the odd cir- cumftances of diftrefs and difappointment in which he has contrived to throw the new Ame rican reprefentatives which his antagonist had propofed to admit into the Britifh parliament. The picture of a French privateer intercepting a cargo of American legiflators in time of war is~particularly diverting, as well as their difap pointment, upon other occafions, at finding, ypon their nrft landing in England, that the parliament they were fummoned to attend is at an end by a fudden and capricious diflblution, or by the unexpected death of the king. But thefe misfortunes are extremely improbable, or rather [ 209 ] rather almoft impoffible, and therefore are no real objections to, the plan. And, even if they were likely to happen upon the author s fup- pofition of an exact refemblance between the manner and times of electing the American members and thofe of electing the members chofen in Great-Britain, yet it would be eafy to provide againit them by varying the times and manner of the elections in America in a few circumftances that would no way affect the free dom and independency of the Britim Koufe of Commons, or diminish its utility. For example, inftead of fending the king s writ of fummons, acrofs the Atlantick ocean, to the fcveral colo nies in America to elect members to a new par liament, his Majefty might give his American colonies a general power of chuiing their mem bers every year on a certain day appointed for that purpofe ; and the members then chofen, if they were refident in America at the time of their election, might be ordered to repair to Eng land immediately after to attend fuch parliament, or parliaments, as mould be aflembled in England during the year for which they had been chofen, without being liable to have their feats made void either by a diflblution of the parliament or Dd by by the king s death. This provifion would avoid all the pretended difficulties arifing from the length of time that would be neceflary to fend the king s writ acrofs the Atlantick ocean, and for the fubfequent election, and the return of it to the parliament, with the members elected in purfuance of it. For by this means the king s writ would never be fent to America, though the elections in England and Scotland might be carried on in purfuance of fuch writs in the ufual manner. And the other objections ftated by this author might, I dare fay, be as eafily removed by fome other provifions of the fame kind. ENGLISHMAN. I am intirely of your opinion, that the other objections above-mentioned to this meafure of an American reprefentation might be removed by fome fuch eafy precautions as thofe you have above propofed, which I intirely approve. In deed I am fo much pleafed with your notion, of chufing the Americans every year on a given day without the formality of the king s writ, that I could wifh it were adopted in Great- Britain itfelf, where it could be attended, in my opinion, opinion, with none but the moft falutary con- fequences. But that is an improvement of the conftitution of that country which, for reafons too long to be entered into at prefent, there is not the leaft ground to hope for. But thofe reafons do not relate to America, or at lead, not fo ftrongly as to Great-Britain : and there fore I mould imagine a provifion of this kind might be readily adopted with refpect to the American colonies, fuppofing this meafure of an American reprefentation was ever to be feri- oufly undertaken. And, if k were adopted, I fhould fuppofe that fome day in the middle of fummer, (as for example, Midfummer-day it- felf, that is, the twenty-fourth of June, or the firft of July, or the firft of Auguft,) would be the moil proper for thefe American elections; becaufe that is the feafon of the^year during which the Englifh parliament is almoft always in a flate of fufpenfion and recefs from publick bufmefs, which feldom begins before the middle of No vember, and often not till towards the end of January. Now, if the American members were to be elected on the twenty-fourth day of June, or the firft of July, in every year, or even fo late as the firft of Auguft, it is morally certain D d 2 that [ 212 ] that they themfelves, if they were in America at the time of their election, or, if they were then in England, their commiffions to be the reprefentatives of the colonies that had chofen them, or the inftruments (whatever might be the form of them,) whereby their elections to parliament would be authentically notified, might always be in England before the firft of the November, or rather of the October, following. And, to guard aeainft the accidents to which voyages by fea are always liable, there might be two or three original draughts of the faid commifiions, or inftruments, all executed in the fame manner, and confequently of equal authen ticity, fent over to England at the fame time by different iliips, fo that, if one or two of them were loft at fea, or taken by an enemy, yet another might ftill airive in England in due time of fufficient validity to authorize the perlbn mentioned in it t9 take his feat in parliament. As for the members themfelves, they would probably for the moft part be refident in Eng land, at leaft after their firft election to the office, (as the agents for the American colonies have ufually been,) and, if they gave fatisfaction to their conftituejits, would be chofen over and over [ 2I 3 ] over again by their refpective colonies in their abfence. And thus the dreadful danger of the French privateer that might intercept a whole fleet of thefe reprefentatives in their paffage to England, which was painted in fuch lively colours by this witty writer, would be avoided. And further, to prevent the poiTibility of America s being left without reprefentatives in parliament by any fuppofed accidents, however improbable, arifing from the uncertainty of winds and waves, it might be proper, if no new commiffions came over at the ufual time from the colonies for which the American members were chofen, to let them continue to fit in par liament beyond the year for which they had been chofen, and till fuch new commiflions mould arrive. The provifion you have fuggefted to avoid the inconveniences arifing from fudden difTolu- tions of the parliament, or the unexpected de- mile of the crown, namely, that the feats of the American reprefentatives mould not be va cated by thefe events, but only fufpended till the meeting of another parliament, feems to have occurred to tfais ingenious writer, but, in the the heat of controverfy, to have been difap- proved by him. For he aflcs, with a fort of triumphant indignation, " whether the Ameri- <c can reprefentatives are to be perpetual, and " to feel neither demifes of the crown, nor " diflblutions of parliament," as if the very flaring fuch a propofal were a fufficient proof of its abfurdity. But it is probable he would have confidered this as lefs abfurd if he had thought of the other part of the provifion you, fuggefted, namely, that the American repre fentatives were to be chofen anew every year. For this renders this new privilege, of retaining their right to fit in the next parliament without a re-election, a matter of very little confequence. And for this reafon they ought likewife to be permitted to retain their feats in parliament after taking a place, as well as upon a dhlblu- tion of the parliament, or a demife of the crown. For, if their conftituents were difpleafed at their conduct in fo doing, they might chufe another perfon in their ftead in the following fummer. The permitting a member whofe conduct had not anfwered their expectations, to retain his feat in parliament for only one year, could not do them any material prejudice, nor give them much caufe of offence. Indeed Indeed this provifion, of chafing the mem* bers anew every year, would have very extenfive good effects. Amongft others, it would keep the American reprefentatives in a perpetual ftate of dependance upon their conftituents, and thereby oblige them to confult their welfare and conform in a good meafure to their incli nations, inftead of facrifking their interefts to the minifters of ftate for the time being, in ex change for places or other emoluments for them- felves. This fort of treachery in the members that would be chofen into the Britifh parlia ment to reprefent the American colonies, in cafe an American reprefentation were to take place, is what, I know, the Americans are very much afraid of, and is confidered by them as a ftrong objection to the meafure. Sir Francis Bernard, who was for many years governour of the province of the MafTachufets Bay, fays in his 1 3th letter dated from Bofton (where he then refided as governour,) in January, 1768, (which he himfelf afterwards publifhed in London in the year 1774,) that it has been a ferious objection in his province to the meafure of an American reprefentation, " that the Ame- rican reprefentatives would be fubjeft to undue influence? [ 2 r6 J influence? And be relates in the fame letter a farcaftick fpeech of an old member of the af- fembly of that province (whofe name and cha racter, he fays, were well known in England) made in the afTembly upon the mention of this meafureofan American reprefentation, which was a proof of his fenfe of the force of this objection. This old member faid to the arTembly, <c thaf, as " they were determined to have reprefentatives, " he begged leave to recommend to them a merchant " who would undertake to carry their reprefen- " tatives to England Jor half what they would <c jell jor when they arrived there." But this appreheniion is greatly diminished, and almoft annihilated, by the provifion you have fuggefted of chufing thefe reprefentatives every year. FRENCHMAN. I think this propofal, of chufing the Ameri can members every year on a fixt day, with the other provifions that have been mentioned, would compleatly avoid the objections of this eloquent writer to the meafure of an American reprefentation arifing from the delay of lending the king s writ of fummons to America, and waiting the return of it to Great- Britain, and from [ 217 ] from the dangers of the necefTary fea-voyages, and from the accidents of an unexpected diffo- lution of the parliament, or the demife of the crown, and even the much more fubftantial objections of the Americans themfelves arifing from the danger of their members being fe- duced by emoluments received from the court to betray the interefts of their conftituents. But there is another difficulty or two fuggefted by this ingenious author, in the paflage you juft now read to me, which we have not yet con- fidered. Now, as he is a perfon of fuch emi nent abilities and fo diftinguimed a reputation, I mould be glad you would give me your opi nion upon thole difficulties as well as the former, that I may fee whether they are any thing more than, what I fufpect them to be, a fplendid, but harmlefs, meteor raifed by the heat of his powerful imagination and eloquence. ENGLISHMAN. Pray, what are thefe difficulties ? for I do not immediately recollect them. FRENCHMAN. One of them is the difficulty of determining contefted elections. He afks, how it will be E e poj/iblt pojjible to prefers the rights of electors, the fair- nefs of returns and the privilege of the Houfe of Commons as the fole judge of fuch contefts. And he then adopts thefe words. " It would un doubtedly be a glorious fight to have eight or ten petitions, or double returns, from Bofton and Barb a does, from Philadelphia and Jamaica, the members returned, and the petitioners with all fheir train of at formes, follicitors, mayors, feleff men, provoft-marfhals, and about jive hundred or a thoufand witnejjes, come to the bar of the Houfe of Commons." Could you not find fome way of avoiding this formidable difficulty, or rather army of difficulties, which this author thus marfhals in array of battle againft our propofal ? ENGLISHMAN. There is nothing more eafy than to get rid of this difficulty upon the fuppofition of an- annual election of American reprefentatives in the manner you have advifed. For then we may obferve, in the firft place, that it would be a matter of no great importance whether con- tefted elections were rightly determined or not. The contefted elections are always a very fmall number in comparifon with thofe concerning which there is no conteft. And it would little affect the interefts of either Great-Britain or America, if, out of fourfcore members (for that is the number which I think it would be reafonable to allow the American colonies, in cluding the Weft-India iflancjs, to return to the Britim .Houfe of Commons, if this meafure of an American reprefentation were to take place,,) five or fix were to retain their feats in parliament for one year only, though they had been chofen by only a minority of their conftituents, and had been falfely returned, by the officers who pre- fided at the elections, to have been chofen by the majority : fo that it would be a fafe, as well as an eafy, practice, upon the fuppofition of thefe annual elections, to admit at once the member that was returned, without any inquiry before the Houfe of Commons into the merits of the election. And in the cafe of a double return, fome equally fummary, and even arbi trary, method might be taken to determine which of the two members mould keep his feat, without any material prejudice to the in- tereft of the publick, becaufe of die fhortnefs of the time for which the election would have been made. As to the private injury done to E e 2 the [ 220 ] the perfon who would have been unjuftly ex cluded from his feat in parliament by the mif- conduct of the returning officer, that might be compenfated in the fame manner as all other private injuries, to wit, by an action on the cafe for damages againft the returning officer or other perfons by whom the injury had been commit ted. And thus your provifion, of having thefe elections renewed every year, would render thefe election-difficulties of little or no import ance to the publick, and confequently make the fair determination of them become unneceffary. But, fecondly, this provifion of yours would probably have a ftill better effect. For it would prevent thefe difficulties. There would be no falfe returns, nor double returns, nor any irre gular proceedings, or jockeyfhip, ufed at thefe elections, fo long as the members were to bfc chofen only for a year. It would not be worth the while of either the candidates or the re turning officers to incur the odium, or expofe themfelves to the penalties, that always attend fuch practices, for the chance of a feat in the Britim Houfe of Commons for only one year. And, [ 221 ] And, thirdly, the method in which, I appre hend, thefe American reprefentatives would be chofen, would intirely preclude all poflibility of thefe falfe or double returns, or other diffi culties concerning their elections. For they would be chofen, I prefume, (at leaft I think they ought to be fo,) by the aflemblies of the feveral colonies: and the members of every aflembly, when they voted for one of thefe re prefentatives, mould fign a commiflion, or rather, (as we obferved before,) two or three draughts of a commiflion, impowering him to reprefent them in the Britifh Houfe of Commons for the fpace of one year and for fuch further time as mould elapfe before another fuch commiflion mould be received in England. And the fpeaker of the houfe of aflembly, and the fecretary of the province, or fome other publick officer, or officers, of note in the province, mould atteft the fignatures to the commiflion, or declare that they faw the members of the aflembly make them. And no reprefentative mould be deemed to be elected unlefs his commiflion had been figned by a majority, not only of the members of the aflembly prefent at the election, but of all the members of which the aflembly is com peted. 222 ] pofed. By this manner of elefting thefe repre- fentatives I prefume it would be next to impoffible that any contefts concerning the elections fhould arife. So that I think we have fufficiently an- fwered this objection of the ingenious writer, which is grounded on the difficulty of deter mining the elections that might happen to be contefted. But, I think, you hinted at another objection ftarted by this author to this plan of an American reprefentation. Pray, let us now confider it, that nothing that has been alledged by a gentle man of fuch eminent abilities may be pafled over without notice. FRENCHMAN. Thislaft objection (for I recollect no other,) is the difficulty of finding proper perfons to be reprefentatives for the American colonies in the parliament of Great-Britain. The author fays, " that fome of the mo ft confider able provinces in America , as, for inftance, Connecticut andMaJja- chitfets Bay> have not in each of them t<wo men who can afford^ at a diftance from their eftates^ to Jpend a thoufand pounds a year." And there upon he exclaims, " How can thefe provinces be represented t represented at Weftminfter ? If their province pays them, they are American agents, with falaries, and not independent members &f parliament. It is true, that formerly m England members had falaries from their conflituents j but they all had falaries, and were all, in this way, upon a par* If theft American reprefentatives bave ! nofa/aries, then t}yey muft add to the lift of our pensioners and dependants at court, or they mujl ftarve. There is no alternative" What fay you to this diffi culty ? which, I muft own, does not appear to me to deferve fo much ftrefs as the author lays on it. For I mould imagine it would be far from difficult to find a fufficient number of very fit perfons who would be willing to reprefent the American colonies in parliament. ENGLISHMAN. I intirely agree with you that it would he Tby no means difficult to find fuch perfons, even upon a fuppofition that they were to receive no falaries from their conftituents. But upon this head I differ totally from this writer. For I mould wifh that they might receive falaries from the colonies for which they ferved ; and handfome ones too, not lefs than ^",1 GOO fle r- ling t 224 ] ling a year, if their conftituents could afford to allow them fo much : and for this plain reafon, that they might not be under a tempta tion to accept emoluments from another quarter. I fee nothing dimonourable, nor dangerous to the publick welfare, in their being in this man ner dependant on their conftituents from the obligation of gratitude, any more than in their dependance on them, in the manner above- mentioned, from a motive of a different kind by means of the annual return of their elections. Both circumftances would confpire to keep the connection between them and their conftituents as clofe as poffible, which otherwife, from the diftance at which they would be removed from each other, might be in danger of being re laxed. And it is remarkable that the man who moft diftinguimed himfelf in the long parlia ment of king Charles II. as an inflexibly honeft man and a faithful and diligent member of par liament, I mean Andrew Marvell, the member for Kingfton upon Hull in Yorkfhire, received his wages from his conftituents during the whole time ; and was the only man in the whole par liament who did fo. He ferved his conftituents with punctuality and affection, and conftantly wrote [ 225 I wrote them an account of the principal ceedings in parliament, and of the part he had taken in them : and they on their part had a ftrong fenfe of his fidelity and diligence in their fervice, and the general integrity of his cha racter: fo that their conduct with refpect to each other is become almoft proverbially a pattern of the connection which ought to fubfift between an upright member of parlia ment and his conftituents. But it may perhaps be further objected, that it would be too great a burthen of expence upon many of the colonies, efpecially the nor thern ones, to pay their reprefentatives in par liament fuch wages or falaries as would be neceiTary to induce them to undertake the office, and to enable them to maintain a decent appearance in England while they refided there in the difcharge of it j which could not well be lefs, as I above remarked, than j.iooo fterling a year to each reprefentative. Now, in anfwer to this objection, fit may be obferved in the firft place, that many of the American provinces, as, for inftance, the Weft- F f India [ 226 ] India iflands, the Carolinas, Virginia, Mary land, and Penfylvania, could well enough afford this expence of a few thoufand pounds a year to reward the fervices of their reprefen- tatives. And, if they could afford it, it would certainly be money extremely well laid out, and would be returned to them with advantage by the zeal and activity with which their in- terefts would be fupported in parliament. And, fecondly, as to thofe colonies which could not well afford fuch an expence, it may be anfwered, that they could eafily find perfons who would undertake the honourable employ ment without any pecuniary recompence. I know it will here be faid, and with truth, (as it has been by the eloquent author above- mentioned) that there is not on the continent of North-America, or at lead in the northern half of it, an order of gentry, as in Old Eng land, that is, of perfons of liberal education and eafy patrimonial fortunes fufficient to en able them to undertake honourable offices for the fervice of their country without any pecu niary advantage j- that the richeft people among them [ 227 1 them are their merchants, who cannot neglect their trade without running the rifque of being ruined ; that their landholders, though many of them own large tracts of land of thirty or forty thoufand acres, yet are either forced to keep their land in their own hands, and culti vate it by negroe flaves, which requires their own continual prefence and fuperintendance ; or, if they let it to tenants, to let it at fuch very low rates, that they are unable to under take fo expenfive an employment as that of a commiffioner to the Britifh parliament without a falaryj and therefore that thefe colonies will not be able to procure fuch commif- fioners But to this it may be anfwered, in the firft place, that in fome of thofe colonies there is an order of gentry very evidently riling up, that in a couple of generations will produce a con- fiderable number of perfons of fufficient patri monial fortunes for the purpofe here mentioned j more efpecially. in the provinces of New York and New Jerfey, where the Englifh law of in heritance by primogeniture takes place. F f 2 And, [ 228 ] And, fecondly, fuppofing that there neither now is, nor ever will be in time to come, in the colonies themfelves a fufficient number of perfons able and willing to undertake thefe employments gratis, yet there are numbers of gentlemen in England who wojald be glad to undertake them, and would efteem themfelves highly honoured by the colonies which mould think fit to chufe them -, and many of thefe gentlemen might be as fit for thefe employ ments, and as likely to ferve theis conftituents with zeal and fidelity, as the natives of America themfelves. Three forts of perfons occur to me upon this occafion as likely to anfwer this defcription. The firft fort confifts of fuch perfons as have been governour: , or lieutenant- governours, or chief jufr^cs, or commanders of garrifons or of regiments, or officers of the Crown in any other office of truft or importance, and who have gained the confidence and good opinion of the inhabitants of the colonies in which they have ferved during their continuance in their offices, but are fince returned to England to fpend the remainder of their days in their native country. country. Thefe gentlemen would be well ac quainted with the circumftances of the colonies they had belonged to, their conftitutions, genius, laws, and trade, and would be the mod able and intelligent commiflioners in parliament that they could chufe : and it may well be fuppofed that they would likewife retain an affection for the people amongft whom they had fpent a conliderable part of their lives, and from whom they had received fo honourable a mark of confidence and efteem. The fecond fort confirms of the Englifh mer chants, refiding at London or elfewhere in England, who trade to the feveral colonies in America. Thefe perfons would underftand at leaft the mercantile interefb of the colonies they traded to, and would be fmcerely con cerned for their welfare, with which their own interefts would have fo clofe a connection ; as was experienced at the time of the repeal of the ftamp-ac~t, and for fome years after, in the zeal with which the London merchants con cerned in the trade to America fupported the then claims of the Americans. And there is no doubt that thefe Englifti merchants would gladly I 230 ] gladly undertake the office of commifiioners of the colonies, to which they traded, in the Bri- tifh parliament without a falary. The third fet of perfons who would, as I conceive, be glad to undertake thefe employ ments without a falary, are Englim gentlemen of independent fortune j who would, as I con jecture, employ part of their wealth in the pur- chafe of landed eftates in the American colonies, and would go and refide upon them for a few years, in order to acquire a knowledge of the concerns of the provinces in which they were fituated, and recommend themfelves to the inhabitants of thofe provinces as fit perfons to reprefent them in the Britim parliament. This would be of advantage to the provinces in which thefe purchafes were made, in two re- fpecls : firft, by the money it would bring into thofe provinces to make the purchafes with, which would quicken trade and induftry : and fecondly, by promoting a friendly intercourfe between the inhabitants of thofe provinces and thofe of Great-Britain, when the fame perfons would often be proprietors of land in both countries, and confequently would have occafion to to go from the one to the other to infpecT: the condition of their property, which would doubtlefs be followed by perfonal friendships between the refidents of both countries and their refpe<5Hve families, and often by inter marriages; which are grounds and means of union that ought by no means to be difregarded by two remote branches of the fame nation that fincerely defire to continue under the fame dominion. From fome of thefe three clafTes of men re- fiding in Great-Britain, the Americans would always be able to chufe a fufficicnt number of intelligent and faithful commiffioners to repre- fent them in the Britim parliament. Thefe are my reafons for thinking that there would be no difficulty in finding a fufficient number of fit perfons to reprefent the American colonies in parliament. FRENCHMAN. I think you have made it very plain that fuch perfons might eafily be found. And thus we have got rid of all the objections made to the the meafure of an. American reprefentation by this celebrated author. But, pray, inform me what are the objections made to it by that other learned writer whom you mentioned fome time ago, and whom I think you called Doctor Tucker ? For I am curious to know every thing that has been faid againft a meafure that hitherto appears to me to be at once fo eafily practicable, and fo highly beneficial to all parties. ENGLISHMAN. Dr. Tucker s objections are grounded fingly on his opinion of the ill temper of the Ameri cans, and their indifpofition to fubmit to the authority of the Britifh parliament upon any terms or conditions that can poflibly be pro- pofed. In this way of thinking he infifts pofi- tively that, if the Americans were permitted to fend members to the Britim parliament, and were actually to fend them, yet they would ftill find fome pretence or other to refufe to pay obedience to it s acts. He therefore thinks that the wifefl ftep Great-Britain can take with refpect to the Americans, fince fhe finds it fo impracticable to govern them, is to turn them off, [ 233 I off, and give them full liberty to fet up for them- felves as independent ftates, with fuch forms of government as they themfelves mall think fit to adopt. FRENCHMAN. This -feems to be a hafty way of proceeding, and ought, methinks, to be poftponed till fome attempts have been made to reconcile the con tending parties, either by this, or fome other, plan of an union or agreement, and have been found to be ineffectual. The mutual benefits arifing to both from their prefent connection, imperfect as it may be, feem to be too great to be thus peevifhly thrown away. ENGLISHMAN. I believe moft people are of that opinion. But the doctor is a man of a warm temper, and who eagerly purfues what appears to him to be the truth, how different foever it may be from the fentiments of other men. And upon this fubject he is confident that he has exa mined all the other methods of acting which Great-Britain can purfue with refpect to the American colonies, and has found them to be G g attended t attended with much greater inconveniences than his plan of a voluntary reparation. FRENCHMAN. But does he give no reafons in fupport of his opinion, that the Americans would refufe to pay obedience to the Britifh Parliament, if they themfelves had been permitted, and had confented, to fend members to it? For, as the experiment has not yet been tried, he can hardly expect to make converts to this opinion, w/thout aliedging fome plaufible arguments in its favour. ENGLISHMAN. I do not recoiled: that he alledges any other circumftance in fupport of this opinion, befides the uneafy and turbulent conduct of the Ame ricans of late years in oppofition to the au thority of parliament, with refpect to the (lamp-act and fome other exertions of it over them. FRENCHMAN. I cannot think that to be a fatisfactory way of reafoning. For, though they have refifted an [ 235 3 an authority which they think unlawful and ill-grounded, it does not follow that they would refift an authority which they would have acknowledged to be legal, and in the erection and conftitution of which they would have had a (hare ; which would be the cafe with the Britifh parliament when they mould have fent reprefentatives to fit and vote in it. ENGLISHMAN. 1 agree with you that this reafoning is by no means conclufive : and therefore, notwith- ftanding the doctor s fuggeftion, I muft ftill take the liberty to wim, that this experiment had been tried by admitting a competent num ber of members from the American colonies into the Britim parliament. But this is what I defpair of ever feeing, becaufe (as I obferved fome time ago) there is a vifible difinclina- tion in both the parties, the inhabitants of Great-Britain as well as thofe of America, to come into fuch a meafure. FRENCHMAN. It is much to be lamented, that there (hould be fuch a dHinclination to adopt what feems G g 2 to [ 236 I to be the only method of producing a lafting reconciliation between thefe two great branches of the Britih empire. Nor is it lefs a matter of furprife to me, that there mould be fuch a difmclination, when the meafure feems to have had the approbation of two fuch able men of the two oppofite parties as the late Mr. Grenville and Dr. Franklin j and when the objections that have been made to it by Dr. Tucker and Mr. Burke appear either to be of little weight, or to be fo eafiJy capable of being removed as we have feen. There muft furely be fome reafons which you have not yet mentioned, that give occafion to this flrange averfion. ENGLISHMAN. I am inclined to think there are fuch reafons: but what they are, I proteft I am unable to inform you, unlefs they proceed from a fort of mutual jealoufy and diftruft in the two parties j and, perhaps, on the part of Great- Britain, a degree of pride and contempt of the Americans, together with an averfion to, and dread of, making innovations in her conftitution, and, on the part of America, an apprehenfion that their interefts would be facrificed to thofe thofe of Britain, not only by means of the corruption of their reprefentatives by the crown, as I obferved before, but alfo by means of the great fuperiority of the number of the Britifti reprefentatives in the Houfe of Commons a- bove thofe that would be fent from the Ame rican colonies ; who, by the largeft allowance that has ever been propofed for that purpofe by thofe who have recommended this meafure, would not exceed fourfcore members for all America, including the Weft-India iflands. But thefe are mere conjectures, in which it is very poflible I may be miftaken, there being no other reafons publickly declared and ac knowledged by either of the contending par ties, againft this meafure, befides thofe which we have already confidered, and to which we think we have found fufficient anfwers. FRENCHMAN. There is no arguing againft jealoufy and dif- truft j and therefore I mail trouble you no fur ther upon the fubjec~t, except only to afk you one queftion, which occurs to me in confe- quence of what you laft mentioned as an ap- prehenfion which would probably be entertain d by [ 238 i ; by the Americans, in cafe this meafure of an American reprefentation were likely to be a- dopted : I mean, the danger that the American reprefentatives would be over-borne by the fu- periour number of the reprefentatives chofen for Great-Britain, in all points in which the inter- efts of America were concerned, Now thi& brings to my mind the cafe of the Union of Scotland with England by a fimilar admifiion of reprefentatives from the former into the par liament of England, or, as it now called, the parliament of Great-Britain, in the beginning of the prefent century. Pray, are the mem bers for Scotland more than fourfcore in num ber ? and are the interefts of Scotland facrific d to thofe of England by means of the much greater number of reprefentatives for England of which the Britifh parliament is compofed ? For, if this fhould be the cafe, I think it would fend to juftify the apprehenfion you fuppofe the Americans to entertain upon this fubject : but, if otherwife, it ought to have the contrary ENG- [ 239 I ENGLISHMAN. Your -queftion is a very proper one ; and the anfwer to it is both very eafy and very favour able to the meafure we approve. The number of members fent from Scotland to the Britifh Houfe of Commons is not fourfcore, but on ly forty-five ; and thofe which are chofen for England and Wales are five hundred and thn> teen- And yet it is an indifputable fact, that the interefts of Scotland have never been poft- poned to thofe of England by the parliament of the united kingdom, nor the leaft partiality (hewn in favour of the latter. On the con trary, the Scots enjoy advantages by the treaty of union above the Englifh. For, though the extent of their country is more than one fourth part of the whole ifiand of Great. Britain, and the number of their people is more than a fixth part of the people en the whole iflandj, and the number of their reprefentatives in the Houfe of Commons is more than one thir teenth part of the whole houfe, yet they pay iefs than the fortieth part of the land-tax paM by the whole ifland. And, though the value of their lands has, during the laft thirty years, been [ 24 ] been conftantly increafing at a vaft rate, much fafter than that of land in England, yet no endeavour has been made to increafe their proportion of this common burthen. And in a great variety of inftances the intereft of Scotland has been confulted and promoted by the Britifh parliament, fince the happy union of the two kingdoms, in a manner that intire- ly removes all fufpicion of partiality to their difadvantage. And no one will pretend to de ny that the inhabitants of that part oftheifland have likewife ever enjoyed, and continue ftill to enjoy, their full (hare of the favours of the crown in preferments of various kinds in all parts of the Britifh dominions. FRENCHMAN. Since this is the cafe with refpect to Scot land, and forty-five members chofen for that country into the Britifh Houfe of Commons, adling zealoufly for the good of their confti- tuents and countrymen, have been found, du ring the fpace of feventy years which have e- lapfed fince the union of the two kingdoms, to be able to procure fuch advantages for them, I cannot fee upon what grounds the Americans fhould [ 241 ] jfhould apprehend that a body of fourfcore members, fitting in the fame houfe as repre- fentatives of them and the inhabitants of the Weft-India iflands, and made more dependent upon their conftituents than the Scotch mem bers are upon theirs, by the neceffity of being annually re-elected, would not be able to pro cure fimilar advantages for the colonies for which they would be chofen. Surely no good reafon can be given for their entertaining fuch a doubt. I allow that your concluflon feems very fair, and that the Americans ought to reafon from the cafe of Scotland in the fame manner that you do. And I may even go further in fa vour of the meafure we are here confidering, and affirm, that the experiment has been al ready tried in fome degree with refpect to Ame rica itfelf, and that the event has been found to be highly beneficial to it. For, though no members have hitherto been chofen by any of the colonies in America, yet feveral of the rich proprietors of the Weft-India iflands, who have refided in England, have been elected into pai> H h liament [ 2 42 J liament for Ens;li{h boroughs : and, even irr O O this mode of admiffion, they have been thought to have had fufficient influence in parliament to obtain many important favours for that part of America with which they were connected, fo as even to excite thejealoufy of their north ern neighbours on the continent or North- America : for the latter have often complained of the partiality fhewn by the mother-country to the Well-India iflands in matters relating to the trade of America, and have afcribed it to the very circumftance here mentioned, of their having feveral of their principal proprie tors elected into the Britifh Houfe of Commons. It feems reafonabld therefore to conclude, that the admiffion of a conliderable number of re- prefentatives, or comrnifiioners, into the Hoafe of Commons, regularly chofen by the feveral colonies themfelves, and continually dependant upon them for a re-election the next year, could not fail of being an effectual fecurity to thofe colonies againft any unjufl or oppreffive proceedings of the parliament of Great-Britain. And yet I am afraid this meafure will never be adopted : fo general is the difinclination towards it that feems to have taken pofTeffion of both the contending parties. FRENCH- f FRENCHMAN. I muft again lament that fuch an unfortunate and unaccountable prejudice fhould prevail -againft fo ufeful a meafure. But, fince it does Equity and prevail, I think the parliament of Great-Britain "exerting oueht to be very fearing and tender in the ufe t ! le aut]l - b . nt ) of par- of their authority over the colonies, and, as liamem o- they are confcious of their own unwillingnefs to permit the colonies to fhare in that autho- tender rity by fending reprefentatives to fit and vote manner. amongft them, to confider the colonies as hav ing made that moft juft and reafonable requeft, and having received a refufal of it. ENGLISHMAN, I intirely agree with you. Good policy, as well as juftice, requires that they mould treat the colonies in that manner j and without it I Inconve,... ences that am convinced they will not be aole to preferve would at- their authority over them, at leaft not without J* t a " Q at " the affiftance of a large (landing army to be g v em 667 North-A- conftantly kept up amongft them, the expence merica by of which, together with the other inconveni- ences and dangers attending it, would greatly II h 2 over- Such an attempt would be thTfree " fpiritofthe conititu- And it quire an thoufand ?nen. [ 2 44 J over-balance the advantages refulting from fucli & pofieffion of them. FRENCHMAN. Such a pofleffion of America would be quite . /-/ T r inconfirtent, as I conceive, with the fpirit or the E.nglifli conftitution, which, as I have always heard, is founded on general confent and the good-will of the people, and is averfe to the ufe of {landing forces, except in time of war an d againft foreign enemies. And, if we con- fider the great extent and populoufnefs of North America, it will be evident that it is not a fmall army that will be fufficient to keep its inhabi- / Vv* / i MI T tants m iubjection agamlt their will. 1 conceive that it would require at leaft forty thoufand men to do fo, including the troops kept in this province and in Florida, and in the diftant ports in the upper country amongft the Indians. And even with fuch an army the pofleflion of Ame rica by the crown of Great-Britain, againft the will of its inhabitants, would become every year more and more precarious, by reafon of the great and continual increafe of their num bers, which are found to be doubled in every twenty, or five and twenty, years. ENG- [ 2 45 ENGLISHMAN. Oh! tis a moft prepofterous idea, to think of keeping America in fubjection by means of a (landing army ! and nothing but a fpirit of frenzy (fuch as we fee fometimes pofTefs a na tion, and hurry it into irretrievable misfortunes) can ever make the parliament of Great-Britain entertain fuch a defign. And the expence of it (if it is poffible to carry fuch an attempt into exe cution) would moft certainly exceed all the ad vantages which either the trade or the revenue of Great-Britain could receive from fuch apofleflion of this continent- It would probably not be lefs The P r - than a million of pounds fterling a year ; which pence of" would require either a perpetual addition of ^h ^ifar- two fhillings in the pound to the land-tax of m y in A - _, _ . . -. merica. Great- Britain, according to the prefent mode of afleiTing it, or an increafe of the other taxes of the kingdom to the fame amount, which (confidering the numerous and high taxes upon almofl every article of confumption and of plea- fure already fubfifting in England,) would be $ill more burthenfome to the nation than fuch The land. an increafe of the land-tax. I wifh the landed probably gentlemen of England would confider with be au g- themfelves whether it is worth their while to oreferve toflx(hil - prcicrve Iingsinthe pound. [ 2 4 6 ] prefervc the Americans in a ftate of obedience to parliament at the expence of an additional and perpetual land-tax of two millings in the pound, and thereby to make the augmentation of the land-tax from four to fix fhillirrgs in the pound become almoft a neceffary meafure. It would cure them of that rage of conqueft and dominion over their American fellow-fubjects with which (if we may judge by fome of the late acts of parliament, and particularly the Bofton-charter act and the Quebeck act,) they feem of late to be infected. * FRENCHMAN. Other diffi- You have only considered the expence of an attempt keeping them in fubjection, when reduced to to govern t k e ODec ji enC e of the parliament, to which now America they feem fo generally unwilling to fubmit. But what, think you, will be the expence of reducing them to that obedience, if it is in the power of Great-Britain to reduce them to it ? And is it certain that me can fo reduce them, if unmolefted by foreign nations in the necef- fary exertions for that purpofe ? And will the rival nations of France and Spain permit her to [ 247 ] to continue unmblefted while (he is making thefe exertions ? Is it not more probable that they will interfere in the courfe of them in iupport of the Americans ? ENGLISHMAN. You opprefs me with this multitude of alarm ing, but very proper, queftions; every one of which fuggefts a reafon againft proceeding to fo dangerous an undertaking as that of reducing America by force of arms to the compleat obe dience of parliament. For, in the firft place, Of when we confider the great expence and diffi- reducing culty of trantporting an army of forty or fifty Am enca to thoufand men acrofs the Atlantick ocean, and by force of .... /-i arms. maintaining them in a great mealure by pro- vilions fent from England and Ireland j and the great difficulty of fubduing a people that are fpread over fo large a country as North-Ame rica, (even fuppoiing them not to have courage enough to meet the Britilh army in the field,) by reaibn of the opportunity, which its extent will afford to the Americans, of keeping one or more armies on foot in thofe places and pro vinces which are out of the reach of the invad ing ing army, arid of harraffing the latter by ftrOying the country and leflening the means of their fubfiftence; and alfo, when the invading army mall come to be feparated into fmall bo dies (in order to take pofTeflion of the different pofts and countries that will be abandoned to them, and to go into winter-quarters,) by falling upon thefe fmall bodies by furprizc and with advantage; - and the protraction of the war, which will probably be the effect of thefe diffi culties; - 1 fay, when we confider thefe and many other circumftances that will tend to rriake fuch a war expenfive to Great- Britain, we can This ex- hardly eftimate the whole expenee of it, before pence will t k Americans are brought to a general fub- probably notbeiefs miffion, at lefs than twenty-five, or thirty, ty five, or millions of pounds fterling, which will bring " 1 " on the Englifh nation the perpetual burthen of pounds another million fterling a year for the intereft fterling; & J the intereft of it, over and above the million a year above abo^t one 8 mentioned to be neceflary for maintaining the willion additional ftanding army that muft be kept up fterling a J . . year for amongft them to maintain the fupenonty fo acquired. And thus the retaining America in fubjeclion by force will occafion a burthen on tion of A- t k e reven u e of Great-Britain of two millions of menca to obedience pounds by force of arms, and the retaining it in fubjeftion by the fame means, when re duced, will coft Great-Britain two millions of pounds fterling per annum, tot ever. { 2 49 ] pounds fterling/xr annum for ever j a bur then, which no advantages to be derived from either the trade or the taxes that can be levied in America, will in any degree compenfate. This will be the refult of fuccefs in this dif- mal conteft. But this is an event that appears The at " 1 * tempt to to me by no means certain, not even though reduce A- no foreign powers mould interpofe in fupport of the Americans. Indeed, if the Americans by for< * ? f arms will fhould come any thing near to the Britifh troops probably / i r i r i ^ 1 1 foil f f ttc * m courage ; - if ten thouland of them mall cefs. dare to engage with four or five thoufand of the latter in the open field ; or if they mall only have fufficient refolution to defend ftrong entrench ments againft them -, I would not fcruple to pronounce them invincible by all the force that Britain can fend againft them. And even, if Probability they mould fail in this eflential quality of fol- defertion diers and patriots, they will ftill have fome chance of fucceeding againft Great-Britain from will be font over by the probability that great numbers of the troops Great-Bri- that mall be fent againft them will defert fo merica for" difagreeable a fervice, and either carry arms on thi J5 P ur " their fide of the queftion, or (which is more probable) retire to the interiour parts, of the I i country, I 25 ] country, and fettle themfelves as planters uport fiich. lands as the Americans will undoubtedly offer to beftow on them. For thefe troops, it is probable, will either be Englishmen or Ger- OftheEng- mans. If Englifhmen, they will probably feel fome reludtance at making war upon people of the fame religion and language with themfelves, who arc lighting for what they conceive to be their juft rights and liberties, tho perhaps their pretenfions have in fome refpe&s been carried too far. And OftheGcr- as to the Germans^ they,. it is probable, will be very little concerned about the grounds and merits of the quarrel; but, when they find themfelves in Penfylvania, where no kfs than 1 50,000 of their countrymen are happily fettled as planters, will think it a more deftreable con dition to partake with them in the enjoyment of the plenty and happinefs of which they will find them poffefled, than to employ their valour in deft roving it. A defertion of this kind (which feems to me by no means improbable, as foon as the invading army {ball have advanced a confiderable dillance into the country, and be feparated into many different bodies,} together with the u(ual wear and tear of an army, (which, without any fighting, is reckoned to confume confume a fifth part of the troops that compofe it every year,) would foon wafte away the amy fent by Britain, and reduce it to the neceflity of acting on the defensive in fome (ingle fmali diftrict of America ; which would ultimately bring on a neceflity of abandoning the enter- prize. And if, to avoid the danger of fuch a OfRoman i r - T i i r I r 1 , *t* Catholick delertion as 1 nave been ipeaking or, the mi- niftry of Great-Britain fhould adopt that moft ynconftitutional meadire of arming the Roman- Catholicks of Ireland for this fervke, it would only increafe the animofity and refentm-ent of the proteftant colonies in America againft Great- Britain, and make an accommodation with them inore difficult than before, or rather utterly impracticable, but would not much contribute to the reduction of them. For even thefc R.OT man Catholicks would find provinces in Ame rica where they would be glad to fettle as planters amongft people of their own religion, and others who, though not of their religion^ would be perfectly well 1 difpofed to give ttoem the full liberty of exercifmg it without th<e {mailed moleftation or inconvenience. In Mary land there are great numbers of people of that religion who arc perfectly fadsficd with their I i 2 condition* condition, though the government is, as I have heard, carried on by the Proteftants only, but with the full confent and approbation of the Roman-Catholicks, who think their temporal interefts fafer in the hands of their Proteftant countrymen than they would be in their own. And in Penfylvania the Roman-Catholicks are fo far from being perfecuted, or opp.reffed, that they are not fo much as excluded from the civil offices of the province j but all who be lieve in a God, the Supreme Creator of the world, are admiflible to them. And no tythes, or other church-dues, are paid in that province to the priefts, or ministers, of any religion ; but they are all maintained either by the rents of lands bequeathed for that purpofe by pious per- fons of their feveral perfuafions, or by the free and voluntary contributions of their refpeclive congregations, as was the cafe in Canada in that happy interval (the termination of which you fo juflly regret,) between the conqueft of it by the Britim arms under the .wife and humane Sir JefFery Amherft, and the late a6l for regu lating the government of Quebeck, which has revived the legal obligation to pay your priefts their tythes, under which you lay in the time of [ 253 I of the French government. It can hardly be fuppofed that the Irifh Roman-Catholicks would act with vigour againft people who were fo difpofed towards perfons of their religion : but it may rather be prefumed that they would be glad to obtain fettlements among them, and partake of the benefit of fo mild and generous a government. In fhort, as the Canadians, (who are full as much attached to the Roman- Catholick religion as the Irifh Catholicks, and who fpeak a different language from their neigh bours in the Englifh colonies, and were fome years ago fo much prejudiced againft them, and accuftomed to confider them as their rivals and natural enemies, and engaged in arms for their deftruclion,) are now fo averfe to the thought of being employed by the government to act againft the Englifh colonies, notwith- ftanding the utmoft endeavours of their priefts to animate them to it -, and are even fufpected of wifhing well to the caufe of the Americans in the approaching conteft, and of being ready to receive them with open arms iq cafe they fhould invade this province j I can never be brought to think that an army of Irifh Catho licks (if Great-Britain fhould take the defperate refolution t 254 ] refotution of employing fuch an one againft the Americans,) would anfwer the views of thofe who fhould employ them in this fervice. And thus, even though the Americans mould prove very deficient in courage, it feems probable that Great-Britain may fail of fuccefs in her endea vours to fubdue them ; which is the mod favour able fuppofition for the caufe of Great-Britain that can be made. But, if we fuppofe what feems more likely, that the Americans, though they at firfl may fly before the troops of Britain, by degrees ihould acquire courage enough to face them, (and courage, you well know, is very much the Probability j! , that the effect of habit;) and that France mould, in the affift the middle of the conteft, (when the contending t fore the $ P art ^ es &&& ^ ave been too much exafperated arereduc d againft each other by the mifchiefs they (hall to obedi- . . _ cnce. mutually have inflicted, to leave any chance of an accommodation between them,) take part with America againft Britain, (which I confider as an event that is almoft certain,) the failure of the latter in her attempt to fubdue the colo nies will then be beyond a doubt; and the farther difgrace of her arms and ruin of her wealth { 255 ] wealth and commerce, when America (hall be put into the (bale againft her, will alfo be but too probable. Such is the tendency of this fatal war which Great-Britain feems now medi tating againft her colonies. FRENCHMAN. The difficulties you have mentioned in the (yftem of governing America by mere force, confirm me in my opinion that fuch a project is moft abfurd and ridiculous, and would prove moft deftruclive to Great-Britain if me mould be unfortunate enough to adopt it. But this is upon a* fuppofition that the whole continent is united in oppofition to her. For, if there fhould Inquiry- be a confiderable party in the principal colonies theopinioa difpofed to acknowledge and fupport her autho- |j iat has rity, I mould think her profpect of reducing twined by the reft to fubmifiion, by fending a body of p i e , that troops to maintain her authority, would not be a very bad one, even though the difcontented ble P art / 11 r- r- a party were rather the more numerous. Suppofe, th for inftance, that a third part of the people in every province were well-difpofed to Great- T , . . . , Great-Bri- Bntain, mignt not thefe fo fkr cgunter-aft the tain. j" defigns t 256 ] defigns of the other two thirds, as, with the help of an army of fifteen or twenty thoufand men, to fupprefs any attempts that they might make to rife in arms againft the authority of Great-Britain ? I mould incline to think they might : 1 mould therefore be glad to be informed whether there is any considerable body of people in any of the provinces difpofed to fupport the authority of the mother-country. ENGLISHMAN. As I have lately been refident in the neigh- bouring Englim provinces, I can fafely venture amongft to afTure you that there is no fuch party. The theAmeri- .. . , , . cans. Americans are all enemies to the claims and pretenfions of Great-Britain : and the only di- flincYion to be made between different parties of them is that of active and paffive enemies to thofe pretenfions. The former are inclined to oppofe the authority of Great-Britain by force of arms, and are preparing themfelves for fuch a conteft : but the latter (amongft whom arc the Quakers of Penlylvania, and feveral perfons of other religious perfuafions in many of the provinces, who are poflefled of a confiderable {hare of property which they are unwilling to expofe 2 57 expofe to the rifks of war, and more efpecially feveral of the merchants in the great trading towns,) wifli to avoid fo terrible an event, and would rather proceed by petitions and repre- fentations, or, perhaps, by combinations not to import goods from Great-Britain, (as on other late occafions,) to obtain fatisfadtion for their grievances ; and, in cafe thefe methods mould fail of fuccefs, would even fubmit to bear thofe grievances fooner than have recourfe to arms for their removal. But none of them are wil ling to acknowledge the authority of the Britifh parliament in all its extent, and to affift any army that mould be fent to America to fupport it. And even thefe paflive enemies of this autho rity feem to me much fewer in number than the other party who are preparing to rife in arms in oppofition to it. So far is it from being true that there is any fuch confiderable party as you fpoke of amongft the Americans difpofed to controul the efforts of their countrymen in oppofition to the claims of the Britifh parlia ment, and to aflift a Britifh army in the main tenance of that authority. Kk FRENCH- [ 2 5 8 I FRENCHMAN. I afked the queftion more for the fake of infor mation than from any opinion I had formed that there was fuch a party. For by all the late ac counts I had heard of their proceedings, I was rather inclined to think that there was not. Yet I cannot but be furprized that there are fo few perfons in America difpofed to acknowledge the authority of the parliament when I confider the powerful arguments in fupport of that autho rity which you have fet forth in the courfe of this converfation -, the exprefs words of the charter of Penfylvania j the flrong implications of other charters ; the grounds and reafon of fuch authority arifmg from the nature of colo nies, or dependant governments j -and the con- ftant and undifputed exertions of it for a variety of different purpofes, though not for that of internal taxation : for this, I am told, has been the cafe for more than a hundred years pail, and without any complaint of the Americans with refpect to the want of authority in the Britim parliament to make them. V ENG- [ 259 ] ENGLISHMAN. It certainly is as you have heard. The par liament has made a variety of laws concerning America, without the fmalleft doubt in any of the Americans of their legal authority to make them. It has retrained the trade of the Americans by the act of navigation and feveral other ftatutes; impofed duties upon the importation of fusars and molafles into their ports ; creeled a poft-office throughout Ame rica, with certain rates of money to be paid for the poftage of letters i which, by the bye, par takes of the nature of a general internal tax upon its inhabitants j forbid the Americans to make ufe of mills for flitting iron, or to carry either woollen manufactures, or hats and felts, from one province to another; -made freehold lands liable to be fold in execution of judgements for debt, in the fame manner as moveable goods; and pafTed many other acts of great importance relating to the Ameri cans, without any objection on the part of the latter to the infufficiency of their jurifdiction, though they have fometimes complained that the acts themfelves were too fevere, as, I believe, Kk 2 was t 260 ] was the cafe with refpect to the act again ft flitting-mills. Nor did they till of late years themfeives, difpute the right of the Britifh parliament even till within thefe laft to impofe internal taxes on them, as appears in twelve a mo ^ Diking manner from the following years, ufed paflage of a pamphlet written by Mr. Otis> toacknow- \ 6 7 ledge the the celebrated lawyer of Boilon, who was fo pwer^of a &i ve i n the year 1765 in encouraging the the Britifli oppofition to the ftamp-acT:. tc It is certain parliament r * . in its full that the parliament of Great-Britain hath a everTwhh j u ^> clear, equitable, and conftitutional right, refpeft to power, and authority to bind the colonies by fuion of all acls wherein they are named. Every lawyer, internal , , . _ T taxes. nay, every tyro, knows this. No lefs certain is it that the parliament of Great-Britain has a juft and equitable right, power and authority, to impofe taxes on the colonies, internal and ex ternal, on lands as well as on trade" This pamphlet was published in that very year 1765, in which the ftamp-acl: pafled, but, as I fuppofe, before the news of its being palled had reached America. The foregoing pafTage of it is cited from fome letters figned Maffacbufet ten/Is t that were publifhed in the news-papers at Bofton in the MafTachufet s Bay in the beginning of this prefent year, 1775. For I have notfeen Mr. Mr. Otis s pamphlet itfelf in which they were originally contained. So that it appears that fo lately as ten years ago, the univerfal authority of the Britifh parliament over the colonies, even in the article of internal taxation, was acknowledged in America by the warmefl advocates for pub- lick liberty. FRENCHMAN. This having been the general opinion of the Americans till within thefe few years pad, I cannot but be furprized at the great revolution that feems to have happened in their fentiments, and ihould be glad to know the caufes that have produced it. ENGLISHMAN. It is not eafy to account with much exactneis An account for this general change of the publick opinion. Change of However, as I have lately refided in thofe pro- P inion amonglt vinces, and have heard a great deal of conver- the Amen, fation upon the fubject, I will mention to you th all I have obferved, or been able to colled: from of late years, information, concerning it. In the year 1764, during the administration of Mr. George Grenville (whom we have more than [ 262 ] than once had occafion to mention already,) an ad was pafTed by the parliament of Great- Britain for regulating the trade of North~America in a ftrider manner than had been praclifed be fore, and preventing the prodigious quantity of fmuggling, or illicit trade, which had taken place in all the ports of the continent until that time t the preceding ftatutes upon that fubjeft having always been very indulgently, or rather very negligently, executed. And, amongil other checks to the former pradices of the traders of America, a flop was put to a certain very beneficial, though illicit, intercourfe with the Spaniards of Mexico, by which a great quantity of filver dollars ufed to be brought into the Englifh provinces. This was a trade which it would better have become a Spanifh minifter of ftate than an Englifh one to be adive in preventing ; and the flopping it has univerfally been cenfured as a very impolitick meafure, whoever was the occafion of it. For I have heard that Mr. Grenville denied that he had ever given any orders for that purpofe, and faid it was owing to a miftake of the meaning of ,the orders which the Board of Admiralty had ,giVn.to the King s Hoops that were employed in in fupporting the execution of the cuftom-houfe laws, and preventing the illicit trade of America. But, whoever is to be confidered as the author of the meafure, it is certain that the meafure itfelf (though it was very foon after corrected) had very bad effects, and raifed great complaints in America, and, with the other laws then pafTed for the better execution of the laws of trade and prevention of fmuggling, indifpofed moft of the trading part of it againft Great-Bri tain, Yet, as thefe laws related only to the regulation of their trade, (which had always been confidered as fubject to the controul of the Britifh parliament,) they only complained of the feverity or inexpedience of them, but did not object to the authority by which they were made. But, while their minds were thus irri tated againft Great-Britain, they were told from Mr. Grenville that another act would foon be pafled by parliament for impofing a ftamp-duty upon them to defray a part of the expence of the military eftablifhment in America, unlefs they mould render fuch a meafure unneceiTary by railing the fame fum of money amongft themfelves by grants of their own afiemblies. And, agreeably to this declaration of Mr. Gren- ville. [ 264 J Of the vllle, the {tamp-aft was pafled in the fpring of in 1765. the following year 1765, they having refuted, or neglected, to raife the propofed fums by their own aflemblies. This (though you and I are of opinion that it was neither an illegal nor an oppreffive meafure,) was a meafure of a new kind or complexion, to which the Americans had not hitherto been accuftomed. It was raifing an internal tax upon them, without any view to the regulation of their trade. This therefore afforded a plaufible handle to their po pular writers and orators to complain of Great- Britain upon a new ground, as claiming and exerting a new kind of authority over them. The claim certainly was not new, though the exertion of fuch authority was fo, Great-Britain having never before either thought the American provinces worth taxing, or had occafion to raifc taxes on them. Upon this occafion the atten tion of the whole body of the people of Ame rica was turned (for the firft time, probably, fince the eftablimment of the colonies,) to the confideratipn of the relation they ftood in to Great-Britain ; and they were taught by their writers and popular leaders to believe that, be- caufe they did not fend reprckntatives to the Brithh J Britim parliament, they were not, with refpedt The J f t ncansdeny to internal taxation, fubject to its autnority. They the right of confined their claim of exemption to internal parliament taxes, becaufe thefe \vere a fort of novelty . tolm P fe . J internal amongft them, there being no act of the Bri- taxes on tifh parliament then in force amongft them, by which any internal tax was levied upon them, except the poft-office act, which was but in directly fo. And they thought it would be too great a (hide to take, in their firil: oppofition to Great-Britain, to pretend to an exemption from the authority of the parliament upon every fub ject, when they knew they had lived for an hun dred years pad in the conftant habit of obeying its acts upon a variety of other fubjects, and, amongft others, its acts for the impoiition of port- duties, or external taxes upon the importation and exportation of goods. They therefore pru dently confined their claim of an exemption from the authority of parliament to the iinglc iubject of internal taxes, though ihe arcum- ftance they alledged as the ground of it, to wit, their not having the privilege of fending reprefentatives to it, would have done equally well for a ground of exemption from its au thority in every other article, fince it is as much LI die [ 266 ] the birth-right of an Englishman not to he bound to obey any laws but fuch as are paffed with his own confent, given by himfelf or his reprefentative (either real or virtual) in the Houfe of Commons, as not to be obliged to pay any taxes but what are granted by himfelf or his reprefentative in the fame manner. This doc trine of the want of authority in the Britifh par liament to impofe internal taxes on the Ame ricans, on account of the want of reprefenta- tives in it chofen by the colonies, feems to have made a very ftrong and very general impref- fion on the minds of the colonifts, and to have been received by them almoft as foon as it was propofed, notwithstanding the general opi nion that had juft before prevailed among them (as appears from the words of Mr. Otis above- recited) that the parliament of Great-Britain had a right to make any fort of laws for the American colonies, as much as for Great-Britain itfelf. And it feems probable that the ge- neral difcontents arifing from the former acts of the year 1764, already mentioned, toge ther with the love of independency which is natural to the mind of man, (and which in the cafe of the Americans was heightened by the confcioufnefs confcioufhefs of their growing ftrength and numbers) and the general averfion which all people have to laws of taxation, were the motives that fecretly influenced them to embrace this new doctrine fo eagerly, and to confider the circumftance on which it is grounded, to wit, the want of reprefentatives in the Britim parliament, as affording fo irre fragable a proof of it. But, whether from thefe or other caufes, it is certain that this plaufible argument for the want of jurifdiclion in the Britim parliament to impofe internal taxes on America, derived from the want of reprefentatives chofen by the colonies, was fud- denly, and almofl univerfally, adopted by the Americans upon that occafion, and has ever fince been deeply rooted in their minds as a fundamental article of their political belief. This was the firft flep taken by the Americans towards an exemption from the authority of the Britim parliament, to which they had hitherto confidered themfelves as fubjeft without any limitation or exception. The practices of the Americans on this occa- fion were agreeable to their new theory. They L.I 2 univerfally ,, .. c 268 ] univerfally refifled by force the execution of the The repeal ftamp-acl : and foon after, when the news of of the ftamp.aft, this violent oppofition to it arrived in England, the Britifh parliament, under the adminiftration of the Marquis of Rockingham, condefcended to repeal it. This repeal was, however, ob tained with difficulty, having been oppofed in both houfes of parliament by very great mino rities. They faid it was a furrender of the authority of parliament over America thus to give way to their forcible oppufition to it ; that the duty impofed by the act was neither laid without a juft occafion, nor oppreflive in its quantity ; fince it was reafonable that the Americans fhould contribute fomething towards the expence of the new military eftablimment made for their defence, and the fum propofed to be raifed by it was only .100,000 for all America j and that, as to the right of the parliament to impofe it, which the Americans denied, they could not entertain the leaft ilia- dow of doubt about it, and could not therefore content to repeal the act while the Americans objected to it upon fuch a ground, even if they had thought it in other refpecls expedient to do fo. Thefe reafons had weight with a great part [ 269 ] part of the nation out of parliament, as well as with the numerous minorities in the two houfes. The reafons on the other fide, in favour of the repeal, were as follows. In the firft place there were fome few members of both houfes of parlia ment who adopted the new American principle, " that the Britifh parliament had no right to lay internal taxes on the Americans, becaufe it had no reprefentatives in it chofen by the Americans to concur in the granting them." The members who adopted this opinion were indeed very few, being only fix perfons in the Houfe of Lords, and about the fame number in the Houfe of Com mons. But amongft this fmall number of par- tifans of this doctrine there were fome perfons of the greateft weight, from their characters and abilities, in the whole nation ; particularly the famous Mr. Pitt, (fince made Earl of Chatham,) who had been minifter of ftate in England during the late war, and had gained fo much glory and popularity by the fpirited and able manner in which he had conducted the operations of it, and the frequent fuccefles that had attended them j the Lord Camden, at that time lord chief juftice of the court of Common-Pleas in England, and who had before been the king s attorney- attorney-general during all Mr. Pitt s miniftry, and who had diftinguimed himfelf, while he was in both thofe offices, by his attachment to publick liberty, as well as by his uncommon eloquence and abilities, and his knowledge of the laws and conftitution of the Englim go vernment j and Mr. Serjeant Hewet, a very learned lawyer, of known integrity, and who was at that time one of his Majefty s ferjeants, and a member of the Houfe of Commons* Thefe three refpeclable perfons plainly declared themfelves to be of the fame opinion as the Americans, cc that the Britifh parliament had no right to lay taxes on the Americans by reafon of their not having reprefentatives in it chofen by themfelves to confent to the impofition of them, or rather, according to the language of parliament, to concur in the granting them." This opinion aftonifhed the people of England at fir ft, and made a ftrong imprefiion on their minds, from the characters of the perfons who advanced it. But it did not, however, prevail fo far with them, at that time, as to make many of them become converts to it, from the former univerfal and deeply-rooted opinion, " that the authority of the King, Lords, and Commons of Great- t 2 7* 1 Great-Britain, was unlimited and fupreme over ail the dominions of the crown j" though iince that time I have obferved that feveral perfons, and, amongft therrij fome of confiderable emi nence, have acceded to it. And even at that time, though this refpectable patronage of the new American doctrine did not induce people abfolutely to adopt it, yet it made many perfons (who were in general well inclined to the autho rity of parliament,) lefs tenacious than they would otherwife have been, of the other opi nion of the unlimited fupremacy of parliament, and lefs difpofed to refent the oppolition made by the Americans to the execution of the ftamp- adt, and to take vigorous meafures to enforce an obedience to it. Thefe latter perfons, (who were, as I have heard, very numerous,) were difpofed to purfue a middle line of conducl. They thought it necefTary to aflert in the ftrongeft terms the right of parliament both to impofe this tax on the Americans, and to exercife every other ad: of legiflative authority over them in the fame manner as over the in habitants of Great-Britain itfelf j left, if they did not, the Americans fhould apply their new principle to the exclusion of the authority of parliament f 272 ] parliament over them in every other fubjed as well as that of internal taxation. But at the fame time they were willing to forbear theexercHe of this authority for the purpofe of impofing inter nal taxes on the Americans ; and, as a proof of their willingnefs to do fo, they confented to the repeal of the ftamp-ac~t. Thefe feem to have been the fentiments of the Marquis of Rockingham and the numerous party of Whigs, (or antient friends to publick liberty and the fucceffion of the Proteftant royal family now on the throne,) of which he was at the head. It was further faid in favour of the repeal of this act, that it was uncommercial, inafmuch as, by taking away the money of the Americans in the form of taxes, it would render them leis able to trade with the mother-country, which was the mod beneficial, as well as the mod conftitutional, way by which the money of America could be brought into Great- Britain. And it was alfo faid, that the Americans could not obey the ftamp-act, if they would ; becaufe the act required the flamp-duty to be paid in liiver and gold coin, and the Americans had not . coin enough to pay it. I am inclined to think that neither of thefe reafons was true : but, however, t 273 ] liowever, they made an impreffion on many people at the time, and contributed to the re peal of the ad. And to thefe caufes we muft add the earneft endeavours of the merchants of England who traded to America, and, I may fay, theclamours of the manufacturers of Eng land who fupplied the American market with goods, to get the act repealed, in order to their being relieved from the diftrefs they had been fuddenly thrown into by the orders which the merchants of America had fent over to their correfpon dents in England to forbear fending them over any more goods from England. Thefe efforts cf the merchants and manufac turers of England had a great effect at that time, aftd contributed much to the repeal of this famous act ; and thereby clearly proved that the Americans - have great numbers of people in Great-Brkain fo connected with them. by a community of interests as, from a regard to their own welfare, to be ready to exert themfelves in their defence, and prevent any oppreflive meafures frorn being taken by the parliament againft them, as well as thofe inha bitants of Great-Britain itfeif who have no votes in the election of members of parliament. And, M m perhaps, [ 274 ] perhaps, to thefe motives for repealing the ftamp-act we ought to add the confcioufnefs of an unwillingnefs in the principal perfons of all parties in Great-Britain to permit the Ame ricans to fend members to the Britim Houfe of Commons, and the apprehenfion that an en* forcement of the ftamp-act (if it could be en forced,) would produce a requeft from the Americans to be permitted to fend fuch mem bers, which, in fuch cafe, could not, with any appearance of equity, have been refufed them. And laftly, the difficulty and expence that feemed likely to attend an endeavour to enforce the act, (feeing that almoft all the colonies con curred in refitting it,) muft, doubtlefs, have had confiderable weight with the gentlemen then in adminiftration to induce them to the meafure of repealing it. Accordingly the act was at laft repealed, but with the ftrongeft declara tions on the part of the minifters of ftate, that the reafons for repealing it were reafons of expedience only, and not any concurrence with the new American doctrine that ,the parliament v had no right to pafs it ; and, to ftrengthen thefe declarations, a fhort act of parliament The decia- was pafTed at the fame time, which afferted in ratory aft f l,. sr Lllw in 1766, m favour of the fupream legiflative authority of the Britifh parliament; .ever the American colonies. I 275 ] the plaineft and ftrongeft terms the unlinked extent of the legiflative authority of the British parliament over all the king s dominions in America. By this declaratory act the party that pafTed it fuppofed they had fufficiently preferved the dignity of the parliament of Great-Britain, and difcouraged the new American doctrine of a want of authority in it with refpect to America on the fubject of internal taxation. But the other party in England, who had oppofed the repeal of the {lamp-act, and who were almoft as numerous as thofe who pafTed it, confidered it in another light. They faid, that the repeal ing the {lamp-act, while the Americans ob jected to it upon the ground of a want of authority in the Britim parliament to pafs it, and were actually refilling the execution of it by force upon that account, was, fubilantially, yielding the point to them, and allowing the validity of their objection, and equivalent to a promife never more to exercife the legiilative authority complained of; and that paffing the act which declared the parliament to have that authority, was only an idle protection in words ; M m 2 that 1 2 7 6 ] that would have no -weight in America in fupr port of that authority when accompanied by an act that fo directly contradicted it in faff and fubflance as the repeal of the ftamp-act ; and that it was, according to a Latin expreffion at that time frequently cited, verbh ponere> re tollere the authority of parliament over America. And it is certain the Americans confidered it in this light, and called the declaratory ftatute an innocent compliment paid by the Britifh parliament to their own dignity, a brutum ful- men, which could do them no harm, as long as the parliament was fo complaifant as not to act upon it, (as they had {hewn themfelves juft before by the repeal of the ftamp-act,) and which, they faid, they would counter-act by inftruments of exactly the fame importance, namely, by refolutions of their affemblies that the parliament had no fuch right. This was the language of the Americans at that time concerning the declaratory ftatute, though of late years, in their further difputes with Great- Britain, they have fpoken of it in a more feri- ous ftyle, and complained of it as containing the very abftract and quinteffence of injuftice and tyranny towards them. The repeal of the f f 2 77 1 {lamp-act had, however, an immediate good effect in America, by reftoring the peace and tranquillity of all the colonies. FRENCHMAN. This repeal of the ftamp-act \vas certainly a great condefcenfion in Great-Britain, and ought, in my opinion, to have removed all ground of uneafmefs between Great-Britain and her co lonies. For I muft fo far agree with the Ame ricans in their interpretation of the conduct of Great-Britain* in repealing that act, and at the fame time declaring by another act the fupreme authority of the Britifh parliament over America, as to conlider the repeal as a kind of promife on the part of Great-Britain not to impofe any more internal taxes on the Americans until they were permitted to fend reprefentatives to parliament, notwithftanding the flrong and general terms of the declaratory ftatute, which I conceive to have been intended rather as a guard againft a further extenfion of the new doctrine of the Americans to other exertions of legiilative authority (which feemed much to be apprehended,) than as an intimation of any delign of impoiing any other internal taxes on I 278 1 ion them. And if Great-Britain had really laid afide all thoughts of impoling internal taxes on the Americans, I think they had reafon to be fatisfied, and ought not to have engaged in new difputes with the mother-country. Am I right in my conception of the views of Great- Britain in confenting to the repeal of the ftamp-> aft? ENGLISHMAN. Intirely fo. The party who procured the repeal of the ftamp-ac"l have often declared their intentions to have been precifely what you have mentioned, namely, to impofe no more internal taxes on the Americans, but to main tain in all its force the authority of the Britifh parliament over them with refpecl: to all other fubjecls, and more efpecially with refpecl; to the regulation of their trade, which was the matter of moft importance to Great-Britain. It was with a view to preferve this authority (which, they conceived, the new American doctrine, of a want of power in the parliament arifing from a want of American reprefentatives, might be applied to overthrow,) that they faffed the declaratory aft, FRENCH- t 2 79 3 FRENCHMAN. After fuch a conceffion on the part of Great- Britain as a refignation of the exercife of her authority to lay internal taxes on America, one would have thought that no new difputes could have arifen between the two countries, unlefs either Great-Britain had again attempted to impofe internal taxes on the Americans, or tha Americans had refufed to obey the authority of Great-Britain with refpect to fome other fub- jecl, as, for example, with refpecl: to the re gulation of their trade. Pray, did either of thefe events take place ? ENGLISHMAN. Not exactly. But an event of a middle na ture betwixt the two did take place on the part of Great-Britain ; which gave rife to new diftur- bances in America. The mild and virtuous minifters of ftate who had conducted the repeal of the ftamp-a<fr, were removed from their offices about four months after, that is, in the in I y OP month of July, 1766 j and Mr. Dowdefwell, %vho was one of them, was fucceeded in his .office t office of chancellor of the Exchequer by Mr; Charles Towhfhend. This gentleman, (whofe duty it was, from his faid office, to conduct the affairs of the national revenue, and to propofe to the Houfe of Commons fuch new taxes as were thought neceffary for the publick fervice,)feemed refolved to make it one part of his character as a Britiih minifter, to be the reftorer of the authority of the parliament of Great-Britain over the Ame rican fubjecls of the crown, which he confidered as having been greatly lowered and impaired by the late repeal of the ftamp-act. In this difpofition he publickly declared that he did not expect or defire to have a ftatue erected to him in America, (alluding to a ftatue which the Americans -had lately fet up in honour of Mr. Pitt, as a mark of their gratitude for his fervices to them in fuppof ting the repeal of the ftamp-act ;) but mould be contented with the merit of having maintained the rights and juft authority of his own native country over all its dependent territories. He therefore refolved to go beyond the preceding miniftry in aiferting this authority, by exerting it for the purpofe of impofing taxes on the Americans, inftead of fimply declaring that the parliament was right fully fully poffeffed of it. Yet he did not venture to propofe the revival of the ftamp-duty, which had been fo lately taken off, (though it was confefTed on all hands, even by the Americans themfelves, that that duty was the moft judi cious and reafonable internal tax that could be impofed upon them,) left fo fudden a change of conduct in the parliament mould expofe them to the charge of inconftancy : nor did he even venture to propofe any other internal tax upon them ; but recommended only the im- pofmg fome external duties on them, to be paid upon the importation of certain commodities from Great-Britain into the American fea-ports. Thefe duties were accordingly laid in the year 1 767 by the parliament upon all the paper and painters colours and tea that fhould be carried parliament A mi 11 r i in 1767 on to America. lliey were, all or them, very paper and moderate in point of quantity ; and that on tea, coloarsani in particular, was remarkably low, being only tea import. f J ed into A three-pence fterling upon every pound of tea. And, to facilitate the payment of this laft very fmall duty, the parliament took off a duty (paid La England) of a (hilling upon every pound of tea exported from England, which had been impofed by fome former act, fo that N n the [ 23 2 J the tea imported into America might be pur- chaicd clicaper after the impofition of the new three-penny duty than before, by nine pence in the pound. The payment of thefe .duties by the Americans would, as was fuppofed, give life and vigour to the declaratory act paiTed in Lord Rockingham s adminiftration, and con firm the authority of parliament over the Ame rican colonies after the diminution it had under gone by the late repeal. They are Thefe new duties were oppofed by the Ame- oppoied by J the Ameri- ricans as well as the ilamp-duty, though not, I think, quite fo generally, nor with the lame degree of violence. FRENCHMAN. Upon what pretence did the Americans oppofe thefe new duties, feeing they were not internal taxes, as the duty on (lamps had been, but only duties on the importation of certain commodities from Great-Britain 5 which were the fort of duties which had, according to your account, been formerly laid by the parliament of Great-Britain upon the Americans, and which the latter had always acknowledged themfelves cans. f 283 ] .. themfelves to be fubjecT: to? By what new lo^ick did the Americans endeavour to free o themfelves from their obligation to pay thefe external taxes ? ENGLISHMAN. New cafes require new diftin&ions : and the A of the rea- Americans were for fome time at a lofs to find f )ns al one that fuited the cafe then in queftion ; info- ihe S rnuch that, upon the firft notice they had of cans as the 1 grounds of thefe new duties, they only complained of their oppo- * ,. c T . i \ i fitientothe them (ir i remember right,) as being unrea- nc fbnable, and impaled on them without any juft occallon ; but not as being illegal, or void, for want of a right in the Britiili parliament to im- pofe them. And .it feerns probable that, if great pains had not been taken by fome leading men amongft them to excite them to an opposition to thefe new duties, they would foon have imiverfally acquiefced in the payment of them. But this difpofition was very foon changed in p a mod wonderful degree bv the induftry arm JT", ; ! ^ > f Pcnjfyfya- ingenuity of Mr. John Dickenfon, a young ni n "V.r.-v. i m>i -i j i i i er s letter s lawyer or eminence at rmiaueipaia, who wrote u ca- a periodical paper called " the jarmcrs letters? to enlighten the imderiland- N n 2 ings ings of his countrymen upon this fubjecT:, and excite them to a new oppofition again ft Great- Britain. Thefe letters were written with great art and ability, but in a plain, familiar, and very difFufe flyle, fuited to the comprehenfion of all ranks of men, and calculated to imprint the doctrines advanced in them in the moft forcible and lafting manner on their minds. They were -publimed originally, I think, in the New- York news-papers, and from them copied into all the other news-papers on the continent of North- America ; and came out about once a fortnight. The effect of them on the minds of the Americans was prodigious. They made them almoft univerfally converts to the doctrines contained in them, or rather they furnifhed them with plaufible arguments to confirm themfelves in the belief of thole doc trines, which were already rooted in their hearts as wifhes and fentiments, though not as fettled opinions. They became the political bible of North-America. The principal doctrine ad- mcuicated yanced in them is this, " That the Britifh in thofe ,. ,, r r . letters. parliament, for want of reprefentatives from the feveral colonies of America, has no right to impofe any taxes whatever on the Americans, either either internal or external, with a view to raife a revenue \ but can only lay external taxes, or port-duties, on the commodities imported into, and exported from, America, with a view to the regulation of their trade." This is the grand diftinclion which runs through thefe famous let ters, by means of which the writer of them en couraged the Americans to oppofe the new taxes impofed by the Britim parliament, which had been laid with an exprefs defign of raifing a revenue in America, and not for the purpofe of regulating its trade. This d inunction was itwasge- univerfally adopted by the Americans; and it "dotted by became almoft as fettled an opinion amongft them in the year 1768, " that the Britim par liament could not legally impofe any external taxes, or port-duties, on the Americans, with a view to raife a revenue, as it had been in the year 1765 that it could not legally impofe on them an internal tax." But they dill allowed (though, I think, not unanimoufly,) that the parliament might eftablifh external taxes among them for the purpofe of regulating their trade. Such was the progrefs in the fentiments and conduct of the Americans towards exempting themfelves from the authority of the Britifli parliament. FRENCH- cans. [ 236 J FRENCHMAN. A remark This diftindion between different forts of - port-duties, invented by Mr. Dickenfon, was fubtle and plaufible, and wonderfully conveni ent for the purpofe of exempting the Americans from the payment of any duties whatioever, that mould be impoied on them by the Britiih parliament. For, as the duties would always pro duce fome revenue infacl^ the Americans might fairly enough nlledge that they were intended to produce a revenue, and confequently wereiilegal and void, though, perhaps, the main dciign of them might be to regulate the trade of the com modities on which they were impofed. And I do not fee any method by which Mr. Dicken- ibn s diftindion could be pradically obferved, without deceit or abufe by one or other of the parties. ENGLISHMAN. Your obiervation is very juft. This new diftindion had a manifeil tendency to deprive the Britiih parliament of the right of impofing any port-duties whatfoever on the Americans : which is no inconiiderable objection to the truth of of it ; fince that propofition cannot be true from * which falfe conclusions may be inferred. But in deed you and I have above agreed that the mere legal right of impofing taxes of every kind, in ternal as well as external, upon the fubjects of the crown of Great-Britain refidincrin America. w_> * belongs to the Britifh parliament, though per haps it may feldom be expedient to exert it. There is, however, a way of proceeding with A way of refpect to the port-duties that the Britifh par- liament mi^ht think fit to impofe on the Ame- a . ties impof- ricans, which would be, in a good meafure, ed on the accommodated to Mr. Dickenfon s diflinction, which*** and \vould ferve to difcriminate fuch duties as vvould be accom mo- Were impofed for the purpofe of railing a re- dated to venue upon them from fuch as were principally j n i doc?*" intended for the regulation of their trade, though they likewife did produce fome revenue. This method would be, to infcrt a claufe in every act of parliament that was palled with only the latter view, by which it mould be provided, that the revenue railed by the duties impofed by fuch act, whatever they might amount to, fhould not be difpofed of by either the king alone, or the king and the Britifh parliament conjointly, but be left to the diipolal of the legiflatures [ 288 ] legiflatures of the feveral provinces in which it fhould arife. By this means the parliament of Great-Britain could not be under any temptation to pafs acts for railing a revenue on the inhabi tants of America with a view to leiTen their own burthens, under colour of regulating the American trade 5 fince the revenue that would arife by fuch acts would not be at their difpofal : nor could the Americans, with any appearance of juftice, conteft the legality of fuch acts upon the ground of Mr. Dickenfon s proportion, by pretending that, though they were declared to be made only with a view to regulate the trade of America, yet the real purpofe of them was to raife a revenue in America for the benefit of k. ls L a P art Great-Britain. This expedient makes a part of North s the famous conciliatory proportion made by ry propo- Lord North in the Britim Houfe of Commons fition * on the 2oth of laft February. FRENCHMAN. I am much pleafed with this contrivance, and wifh it may prove a means of reconciling the two parties to each other. And really, I fhould think that, if Great-Britain would give up, or forbear to exercife, her right of impofing internal f 289 J internal taxes on the Americans, (as, indeed, A propofal {he feems to have done by the repeal of the ftamp-ad,) and mould alfo refolve not to im- pofe any external taxes, or port-duties, upon Great-BrU them, but with the reftriclion you have juft American now mentioned, until they (hall have been per mitted to fend representatives to the Britifh par- the taxa - i A i i r r i tlon of th<? liament, the Americans ought to be fatisned latter, with fuch a temperament, and return to their old habits and affections for their mother- country. I mention the limitation of time to parliament this conceffion, namely, until the American colonies foall be permitted to fend reprefentatives to the Britijh parliament^ not fo much with a view to its ever taking place, (for that you have taught me to confider as a mod improbable event, by reafon of the difmclination of Great*- Britain as well as America to the meafure of an American reprefentation in parliament ,) as by way of falvo to the dignity of the Britifi* parliament, who, by pafljng fuch reftrictive rcfolutions on the ufe of their own power, would exhibit a remarkable proof of their equity and moderation, which could not fait to do them honour. O o* EN 0* [ 29 ] ENGLISHMAN. I intirely approve the limitation you fuggeft, as a falvo for the dignity of parliament j and I heartily wim the parliament would adopt the whole meafure of making the conceflion vou O j have mentioned, with that limitation. This could he done only by paffing refolutions in both houfes of parliament, to be transmitted to the feveral aflemblies of the American colonies, A refolu- t ^ f o }i ow } n a e ffeft ; to wit, " that, for the tion necei- & J J fary to he future, no lax, or duty, of any kind Jlwll be /;;;- bodihoufes fofid fy authority of the parliament of Great- mcnt r fo-" Britein u P m ^ s Majeftys fubjeffs refiding in that pur- thofe provinces of North- America in which af- femblies of the people are eflablijhed^ until the j aid provinces foall have been permitted to fend repre- Jentati ves to the BritiJJj parliament -, excepting only fuch taxes ) or duties \ upon goods exported out of, and imported into, the faid provinces as foall be thought neceffary for the regulation of the trade of the faid provinces > and that when fuch taxes, or duties, foall be laid by the BritiJJj parliament on any of the Jaid provinces, the whole amount of the fame Jlmll be difpofed of by acJs of the affem- blies of the provinces in which they fiall have been I 291 ] been colkfted* refpeffwety" Such a meafure would be calculated to give the Americans fatisfaclion and fecurity, by declaring a refolu- tion not to tax them by the authority of the Britim parliament, (of which they have ex- prelTed fo great a dread and averfion,) and at the fame time (as you have juftly obferved,) to fave the honour and dignity of that fupream legiflature of all the Britim dominions, by not totally renouncing their right and authority to tax the American provinces, but only by re- folving to forbear the exercife of it till they ihall have taken a flep towards the amendment of the conftitution of their own body, which the mod flrenuous advocates for their authority acknowledge to be agreeable to equity in cafe it fhould be their intention to ufe that authority for the purpofe of taxing America. For the late Mr. George Grenville himfcif (as we have already obferved,) and others of the moft zea lous defenders of the rights of the Britim par liament, have acknowledged that fuch an alte ration of the conftitution of the Britifh Houfe of Commons, by admitting into it a reafonable number of members for the American colo nies (agreeably to what was done a hundred Oo 2 years f 292 ] years ago in the cafe of the biihoprick of Dur ham) would be perfectly conftitutional and equitable, and could not well be refufed to the Americans, if they were to defire it and to de clare a willingnefs to fubmit, in coniequence of it, to the authority of parliament in all things in the fame manner as the inhabitants of Great- Britain. Until, therefore, an offer of this kind is made to the Americans, and rejected by them, it can be no derogation to the honour of the parliament, but rather a proof of their equity and moderation, and therefore honourable to them, to forbear to exercife their authority over America in this delicate and dangerous bufinefs of taxation. And, as the people of Great- Britain feem hardly more difpofed to make fuch an offer than thofe of America are to accept it, this forbearance of the exercife of the authority of parliament to impofe taxes on the Americans may be continued for many years to come, per haps for ever, without any lofs of honour to Great-Britain, and with great joy and fatisfac- (ion to the Americans. FRENCH- FRENCHMAN. I fee plainly that a meafure of this kind on the part of Great-Britain muft tend greatly to the removal of the prefent difcontents in Ame rica. And yet the propofition of Lord North, which you fome time ago mentioned, and which feems to be in fubftance pretty nearly the fame with this generous meafure, does not feem to make much impreflion on the minds of the Americans, nor to be confidered by them as a fa vour of much confequence. This makes me fu- fpect thatlhavemifconceived lordNorth s propo fition : and therefore I mould be glad you would inform me whether it differs in any material circumftance from the meafure we have been juft now commending. ENGLISHMAN. The two proportions are indeed very diffe- Difference rent from each other. For Lord North s pro- go ing pofition declares that the Britim parliament will forbear (except in certain cafes) to impofe taxes conciliato- on the Americans only fo long as the Americans tion of the fliall raife amn gft themfelves by grants jheir aflemblies, and by ways and means of 1 775- their f 294 I ffreir own chufing, fuch fums of money as the; Britifh parliament mail from time to time re quire them to raife ; and, upon their failing to do fo, the Britifh parliament is to be at full liberty to impofe taxes of any kind, either ex ternal or internal, upon them : whereas the proportion we have been fpeaking of is a for bearance (except in certain cafes) from the imposition of taxes on the Americans, (whe ther they raife any money amongft themfelves,. when required to do fo, or not,) until they mall be permitted to fend members to the Britim parliament, that is, according to all appear ance, until the end of the world. The diffe rence between thefe two forts of forbearance of the exercife of the power of taxation over Ame- fica> is ftriking and important. FRENCHMAN, It is indeed > and fufficiently accounts for the" 111 reception the Americans have lately given to Lord North s proportion, confidently with our opinion that the other proportion would have gone far towards giving them fatisfadion. But furely the remaining, parts of the two propo- iitions are alike, which contain the refervation made t 295 ] made by the parliament of the power of laying .external taxes, or port-duties, on the Ameri cans, for the purpofe of regulating their trade, and the provifoe that the amount of thefe duties fhould be left to the difpofal of the legiflatures of the feveral provinces in which they mould be levied reipectively. ENGLISHMAN, You are perfectly right. This refervation. and provifoe are the fame in both the propo- fitions. And that, I fuppofe, was the occafion of your miftake in imagining the proportions to co-incide in their other parts. But, in truth. Lord North s proportion is fo far from removing the apprehenfions of the Americans concerning the danger of being taxed by the Britim par liament, that it is retrograde in that refpedV and puts them in a worfe condition than they have conceived themfelves to be in ever fince the repeal of the {lamp^-acl: in the year $766. For ever fince that period they have fuppofed that the right, or the exercife of the right, of jmpofing internal taxes on them had been, virtually relincruimed by the Britim parliament; i>ut that propofition feems to bring tills right again in view, and to threaten them with the exercife of it in cafe of their non-compli ance with the requifitions that {hall be made to them by parliament to raife fpecific fums amongft themfelves. It is no wonder, there fore, that this proportion of Lord North has not been well received in America. FRENCHMAN. I am now perfectly fatisfied about the diffe rence of the two propofitions and the expedience of Great-Britain s making an offer to the Ame ricans of the former proportion, if me means to reconcile them to her authority. But, pray> in what manner, and with what degree of unanimity, did the Americans oppcfe the exe cution of the ad of parliament paffed in the year 1767 for impoiing the new duties on tea and certain other articles imported into Ame rica ? For, I think, you faid they oppofed thefe Duties with lefs violence than the ENGLISHMAN. When Mr. Dickenfon, by his famous Farm er s letters, had perfuaded the Americans that thefe new duties, though they were not internal taxegj [ 2 97 taxes, yet were of the nature of internal faxes, becaufe they were laid in order to raife a revenue, and that they were therefore illegally impofed by the Britim parliament, they entered into Th c Ame- ... i T-> i :cans op. general combinations, throughout all the Eng- pofe the lifh provinces, not to import the goods on which by^rtcriM thefe duties were laid ; hopin?, by the diftrefs int non - importa- this would bring on her trade, to compel Great- tioi agrce- Britain to repeal the act that impofed them. n Thefe combinations were called non-importation agreements. They were entered into by a con- fiderable majority of the merchants in moft of the trading towns in America ; but not by all of them. But thofe who were difpofed to I1! trent - i r i r i ment of import theie articles or commerce, were de- thofe who terred from doing fo by the fear of being de- .^V > livered over to the mob to be ill-treated in their mcnts - perfons and property as enemies of publick liberty. For, when any body prefumed to oppofe the proceedings of the committees that were appointed to carry the non-importation agree ments into execution, or broke the refolutions which thofe committees had published, it was ufual for them to give notice in the publick news-papers that he had done fo, and ought to be confidered and treated as a P p publick [ 298 ] publlck enemy, or, (as they fometimes ex- prelTed it,) a peribn inimical to the liberties of America. This was like the priefts, in your religion, pronouncing a man a heretick, and delivering him over to the fecular arm to be burnt alive, or othervvife tormented. The mob were in theie cafes the fecular minifters of juftice who undertook the punifhment of thefe offences: and the offenders were fure to be feverely puniflied by them, fometimes in their perfons, by having their naked bodies fmeared over with tar, and then covered with feathers ftuck upon the tar, and fo led about ignomi- nioufly through the publick ftreets $ and fome times in their property, by having their goods deftroyed, or their houfes pulled down. Many inftances of this kind happened in the courfe of the years 1768 and 1769. FRENCHMAN. But were not the perfons concerned in thefe ads of violence profecuted in the provincial courts of juftice, and brought to condign pu~ pi&ment for fuch enormities ? ENG. f 299 ] ENGLISHMAN. That was impoffible, for more than one impoflibi.. reafon. For, in the firft place, the executive ^? f g p t a h ; branches of the governments of the feveral rioters who i ... i -i n mal-treat- provmces, that is, the governours, judges, (he- ed the per. riffs, conftables, and other civil officers con- VV e r s eorj . cerned in the adminiitration of juitice in them, noxiousto J the popular were too weak to carry any fentence of a court party in of juftice againft any of thefe rioters into exe cution, if fuch a fentence had been pafTed : and, if they had attempted to" do fo, it is almoft certain that a mob would have rifen to prevent it, and, perhaps, to ill-treat, as enemies of their country, the very magiftrates and officers of juftice who mould have thus attempted to exe-<- cute the law. And, in the fecond place, it was almoft impoffible to procure any fentence of a court of juftice to be patted againft any of thefe rioters. For you well know that, by the Eng- lim law, no fuch fentence could be pafled againft them till they had been regularly in dicted, tried and convicted of the offence by a jury of their peers j and, in the then difpofition of the people to favour thefe rioters, whom they looked upon as the active defenders of P p 2 publick [ 3 1 publick liberty, it was difficult to find juries who would either indict them for thefe offences, or convict them of them, when indicled. So that, from thefe caufes, the perpetrators of thefe acts of violence were almoft fure of efcaping with impunity. FRENCHMAN. If the mobs were thus permitted to wreak their vengeance on the friends of government and Great-Britain without controul, I do not underftand in what fenie you can fay (as, I think, you did fbme time ago,) that the Ame ricans oppoied theie lad duties with lefs violence than they had done the ftamp-adt. What greater degrees of violence than thofe juft now mentioned was it poflible for the Americans to exert ? ENGLISHMAN. In the cafe of thefe laft duties they only ufed Difference - between violence againft their own people, that is, againil violence thofe who imported the dutied goods from Great- SrSSlf Britain in opnofition to their combinations ; but ccndoppo- did not, as 1 recollect, proceed fo far as to ufe iition to t . . , Great-bri- violence againit the ofiicers of government : tain and thofe com- mittcd in oppofition to the ftamp-aft. whereas, in the cafe of the ftamp-act, the mobs laid hands on the perfons appointed by govern ment to diftribute the ftamped paper in the jfeveral provinces, and compelled them to refign their offices, and to fwear that they would not execute them ; and they alib feized on the ftampcd papers themfelves in Tome places, and deftroyed them. Thefe proceedings had more the appearance of direct rebellion againft the Crown than the proceedings in the cafe of the other duties; or rather, indeed, they were downright acts of rebellion ; whereas the other proceedings could only be called riotous and tumultuous. However, thefe different degrees of violence are hardly worth inquiring into. Jn both cafes they were very great and very alarming to Great-Britain. FRENCHMAN. What effect had thefe violent proceedings of the Americans on the conduct of the Britilli parliament ? Did they produce a repeal of the act by which thole duties had been impofed, as their former refinance had produced a repeal of the ftamp-act ? or did the parliament permit the act to continue in force, and endeavour to cauie the duties to be levied ? EN G- F f " " ENGLISHMAN. Contlmi- The aft continued in force from 1767 to anceofthe new duties 1770: and during all that time the non-im-* and the . _ , uon-im- portation agreements 01 the Americans were j cept up ijk ew jf e . anc ] by means of the violent agreements r / inoppofi- proceedings above-mentioned of the American them. mobs againft thofe who prefumed to break them, they were generally and outwardly ob- ferved ; I fay, generally and outwardly, becaufe it is certain that feveral traders in America did contrive, by artful pretences and under various difguifes, to import fome of the dutied com modities, eluding the diligence of their own popular committees tor carrying thofe non importation agreements into execution, with the fame fubtlety and vigilance as had formerly been employed to elude the reilraints on trade impofed by the Britifh parliament. But in general the non- importation agreements were obferved, to the great and mutual inconveni ence of both Great-Britain and America, who were thereby kept in a continual ftate of un- ealinefs and ill-humour with each other during the whole three years : and the duties, which gave occaficn to this uneafmefs, produced little or [ 33 1 or no revenue. At laft Great-Britain feemed to grow weary of the conteft, and the parlia ment took off all the duties except that upon tea, which was only three-pence upon every pound of tea imported into America, and which it was therefore hoped the Americans would pay rather than be deprived of the ufe of a commodity that was in fuch general requeft among them. The other duties were taken off The faid upon the ground of their being injudicious, and prejudicial to commerce, and not of their hav- b ? aa f parliament ing been laid without a legal and adequate in 1770, authority. And the duty on tea was permitted to continue, on purpofe to exclude any inference tea< of that nature from the fuppreflion of the other duties. This repealing act was pafled about February, or March, 1770. FRENCHMAN. What effect did this new inftance of con- defcenfion in Great-Britain produce in America ? A very happy one. The non-importation Good ef- agreements were immediately diflblved with fuppreflion refpecl: to thofe commodities upon which the f ^ he faid duties. duties [ 34 I 4 duties had been taken off: and, though they were {till kept up with refpect to tea, by way of protection againfr the right of Great-Britain to continue the duty on that article, yet they were executed more remifsly than before ; infomuch that feveral traders in America im ported tea thither after this time, and paid the duty upon it, without being molefted for fo doing by the popular committees, or the mobs who acted under their direction, in the manner they had been before. So that the contention with Great-Britain upon this fubject feemed to be almoft at an end, and the Americans were beginning, by gentle degrees, practically to fubmit to the tea-duty, and thereby, in fome degree, recognize the authority of the Britifh parliament to impofe it. FRENCHMAN. Nothing could be more advantageous to Great-Britain than fuch a Hate of things. It feemed naturally to tend to the eftablimment of that line of conduct which the Americans had marked out at the time of their oppofition to the ftamp-act, and which the parliament of Great- threat-Britain, (by repealing that ac"l and not afterwards reviving it, or palling any other act to lay an internal tax upon them) had feerhed to have refolved to adopt j namely, that the Britiih parliament mould forbear to impofe in ternal taxes on the Americans, but fliould con tinue to exercife their right of imposing port- dutics, without regard to Mr. Dickert fon s new- invented distinction concerning it, which might taiily be abufed by the Americans to the pur pofe of totally evading them. This line of conduct was, perhaps, the mod equitable and the wifelt fyllerh that could be pii rfued, whil& both parties continued averfe to the more ob vious and natural remedy to their dilTenlions, an American reprefentation in parliament. It is ilrange therefore that it mould not have been. adhered to. Pray, what were the events that Of the occafioned a departure from it, and brought on the renew- a renewal of th e former diirendons between the * 1 1 of 1 thc dmurbaa- two countries, within thefe laft two or three ces in years, in a higher and more violent degree than ever, and with all the fymptoms of an ap- jproaching civil war? E N [ 306 ] ENGLISHMAN. Thefe misfortunes are undoubtedly owing to the imprudent condudl of Great-Britain j as I believe you will foon be convinced when you hear the particulars of it. Badftateof You muft know then that the affairs of the oftheEatt- Englifh Eaft-India Company were, by various India com- cau] f es re duced to a very bad condition about pany in tne * year 1772. the year 1772 ; infomuch that they could no longer afford to pay to the national revenue of Great-Britain the annual fum of ^".400^000 fterling, which had been required of them by the parliament for three or four years before that period, as a confederation for the enjoy-* ment of the large revenues of the rich terri tories of Bengal, Bahar, and Orixa, which they had lately acquired, and which, it was thought, could not, in ftriclnefs of law, be acquired by a mere commercial company, but only by the nation at large, or by the king , or, if it could be legally acquired by the company, it was thought to be a fair and juft object of taxation towards the fupport of the national expence. Upon fome fuch grounds this annual fum of .409,000 [ 30? ] JT .400,000 fterling had been required of the Eaft-India Company, and by them paid to the publick during a few years 5 which, confider- ing that the territorial revenue they had lately acquired, and on account of which this fum was demanded of them, was more than three millions of pounds fterling per annum, feemed to be but a moderate tax upon them. How ever, moderate as it was, their affairs were at fo low an ebb in the year 1772, that they could no longer afford to pay it ; and they were alfo obliged to reduce the dividend paid annually to themfelves in proportion to their feveral (hares Reduction of their (lock, from twelve pounds for every dividend hundred pounds of (lock, (at which it had flood f f om 1 2 to o per cent;. for a few years,) to fix pounds. At the fame time they had in their ware-houfes in London an unufual quantity of tea, which they could not tell how to difpofe of; which was owing in ware-hou- r to , fes, which part to the non-importation agreements of the they could Americans, which had prevented them from importing tea in any confiderable quantities from Great-Britain ever fince the year 1767, whea the tea-duty and the other duties above-men tioned were impofed on the Americans. It is true indeed that after the year 1 770, when all f 308 ] thofe other duties were taken off, the violence of the oppofuion to Great-Britain had, in a great degree, fubiided, and fome American merchants had imported tea from. Great-Britain without being molefted by the mobs. But the quan tities fo imported had been but fmail, and th? greater part of the Americans had either gone without tea, or procured it by means of a clandef-: tine and unlawful trade with Holland. As, there- 1 he.r opi- ^ t j ie y\ mer j cans h a <3 imported but little tea mon CRat if 1 might be from Great-Britain for fevers! years paft, it was difpofed of . .,11 /i V r to advan- imagined that they mult b in great want of a ~ fupply of that commodity, of which it was 1 f J * known that they were, in general^ very fond, The directors of the Eaft-India Company there fore conceived that America would prove a mod convenient market for their fuperfluous ftock of tea, which lay dead upon their hands : and l3! from the appearance of an extinction of the lats violent fentiments of the Americans in oppo- fition to Great-Britain, they imagined that the continuance of the fmall parliamentary duty on tea, after the abolition of the other duties, would, be no hindrance to the faie of their tea amongft them. They therefore petitioned for an aft of parliament to impower them to fend cargoes of t 3 9 J tlieir tea to America to be fold on the Com* pany s account, inftead of felling it here in England, as by their charter, or by former acts of parliament, they were bound to do. This plan of relief to the Eaft- India Company was Approved by the miniftry and the parliament; and the act was paffed accordingly, the miniftry 3nd parliament probably thinking, (as well as permitting the directors of the Eaft-India Company,) that ^^ the fpirit of oppo.iition to parliamentary autho- teadire<% r r r i r i t A i to America, nty had fo far lubiided in America, that no difficulties would attend the importation of this tea amongft them, nor prevent its fpeedy fale. But in this they were fatally miitaken. Though Violent ;he Americans had oppofed the importation of of SeAmc., tea but faintly fince the year 1770, when the r ! cans t0 ^ other new duties had . been taken off, they were ation of riii- r r^ -r> thefe Car- rouied by this attempt or Cjrreat-britam to renew goes of tea. their former vigorous efforts to prevent the fuccefs of it. And they even went greater lengths than they had done before in their op* pofition to it. For they did not content them* felves with combining together not to import the tea, or not to purchafe, or ufe, it when imported, and with ill- treating thofe who either yefufed to enter into fuch combinations, or r 3-0 ] broke them after they had entered into them, but they made ufe of force, and threats of force, in fome of the principal fea-port towns of Ame rica to prevent its being landed ; which was a kind of oppofition which, (like that which had been made to the ftamp-acl,) came very near to rebellion, or high-treafon. This was done in the towns of Philadelphia and New- York. ^ e ccmm i ttees appointed by the oppofers of the tea-duty fent vefTels out to fea to meet the {hips of the Eaft-India Company that were coming thither loaded with tea, and to inform the mailers of them that, if they proceeded on their voyage and attempted to land their car-* goes, they would be forcibly oppofed by the body of the people in thofe towns in their at tempts to do fo, which might be attended with rnifchievous confequences to their own perfons, as well as to the cargoes that were entrufted to their care. This denunciation had the defired effect with refpecl to thofe two vefTels ; for, in confequence of it, the matters of them defifted from the profecution of their voyages* fhifted r their courfe, and returned with their cargoes to Concoct of the people London. In Charles-Town in South Carolina Town ;"" the method of proceeding was fomewhat diffe- Soovh Ca- ren t . 4 V 44 I ^ roliaa. [ 3" 1 rent t the tea was indeed landed ; but the oppofers of the tea-duty took it away by force from the perfons to vvhofe care it was configned, and locked it up in a ftore-houle, and prevented it from being fold : which differed but little in point of violence from the proceedings at New- York and Philadelphia. And at Bofton the people that oppofed the tea-duty went further (till than at either of the three other places : f laod. for a party of them, confirming of about forty or fifty men, difguifed in Indian drefies, and with black crapes over their faces, went on board the veflel which had brought the tea, (and which was then lying in Bofton harbour,) broke open the chefts in which it was packed, and threw it all into the fea. This was done in confequence of a motion for that purpofe that had been made at a very numerous meeting of the people of the town of Bofton, and re ceived by them with general applaufe; and therefore it may juftly be confidered as the act of the body of the people of that town, I mean, as the ad of that great majority of the people there who were enemies to the tea-duty. On the other hand, it muft be obferved that this acl of violence was not committed till the people i 3 s - i people of Bofton had found that all their relfc Jutions a?ainil the landing of the tea were not o o fufficient to induce the matter of the veflel that brought it to return back to London with itj (as the matters of the veflels that had carried the like cargoes towards New York and Phila delphia had done,) and that confequently there was an immediate danger of its being landed. Thefe violent proceedings of the North-Ame ricans with refpecft to the tea-fhips happened iii the months of October, November and De cember, of the year 1773 ; the dettruclion of the tea at Bofton, which was the laft of thenij was in December. FRENCHMAN. Thefe were indeed very outrageous proceed ings, and fuch as one would hardly have ex pected to fee happen amongft the American^ in confeqiience of this attempt to import thefs cargoes of tea by the Eaft-India Company, after the connivance they had {hewn to the private merchants who had imported tea thither for the preceding two or three years. I fhotild have rather th <i>;ht that they would have ex tended that connivance to the like importation by t 3*3 by the Baft-India Company, or, at leaft, would have abftained from fuch publick and direct acts of violence as thofe you have mentioned, which bear fo near a refemblance to open rebellion. And I imagine the miniftry of Great-Britain thought the fame j or they would never have procured that adl of parliament which permitted the Eaft-India Company to make this uifhappy experiment. I fhould therefore be glad to be informed whether there were any particular circumftances that contributed to light up anew this flame in America, over and above the general averfion the Americans had conceived againft being taxed by the Britilh parliament, ENGLISHMAN. I have heard that there were fome fuch cir* cumftances j and particularly the following one. Befides the tea which had been imported into An addi* America in a regular manner from England by cum^nci a few private merchants in the years 1771 and [J2f C j n " 1772, without any moleftation from the po-,increafethe , . t i . < i r r -\ violence of pular committees and their mobs tor 10 doing, the oppofu there were much larger quantities of the fame A n e [ an 3 commodity imported thither clandestinely r and to the_im- unlawfully from Holland - t and this was done, of thcfiaft. Re as IndiaCom - tea. . t 3 4 1 as you may naturally fuppofe, by fome of thofe merchants who were warmeft in their oppofition to the authority of the Britifh parliament. Thefe merchants had great quantities of this fmuggled tea in their warehoufes in America, which they had not yet had time to difpofe of, when the parliament paffed the adt which permitted the Eaft-India Company to fend their tea thither. The news of this permiffion, therefore, greatly alarmed them on the fcore of their private in- tereft, as well as on account of its dangerous confequences with refpecl: to the liberties of America. For they apprehended they mould be underfold by the Eaft-India Company, who were known to have immenfe quantities of tea in England beyond what was necefTary to fupply the ufual demand there, and who therefore were likely to offer it to the Americans at a very low price 5 the confequence of which muft have been that the merchants in America who had already imported large flocks of tea from Holland, muft have had it left upon their hands. With this profpecl: of great private lofs from the intended importation of tea by the Eaft- India Company, it was reafonable to fuppofe that thefe merchants would exert themfelves to t 3*5 J the utmofl to prevent this meafure from taking place j which they could no other way hope to effect but by reviving, in the ftrongeft manner poffible, the popular clamour againft the im portation of a commodity upon which a par liamentary duty was to be paid. This was the private motive that confpired with the publick fentiments and claims of the Americans to re new, in fo fierce a manner as we have feen, the oppofkion to the payment of the duty on tea, and confequently to the importation of this tea into their ports. And this might eafily have been feen and known by the Britifh miniftry, and ought to have deterred them from trying this ra(h experiment. But, indeed, without But the i . . ... principal this private motive, it was natural to imagine ground of that a meafure of this kind would revive the ? s oppo " iition was, fpirit of oppofition in the Americans. For the probably, fending fuch large cargoes of tea to America by and^voiv- virtue of an ad of parliament patted exprefsly ^ d it on t ^ e to for the purpofe, had the air of a triumphant Danger ap- execution of the ad that had impofed the duty on that commodity: it was endeavouring to make their payment of the duty on it as no- theim P rt - 1 J ation and torious as poffible, and thereby to preclude them fai e from ever faying, at any future time, that, R r 2 though t 316 1 though a few felfifh merchants might have irrv ported fmall quantities of tea from Great-Bri tain and paid the duty impofed on it by parlia ment, and a few luxurious individuals might have purchafed it of them, and ufed it, yet that the great body of the Americans had always abftained from purchafing and ufing it on ac count of the duty it was loaded with, as well as made protections againft the right of parlia ment to impofe the faid duty on it : it was, in mort, (toufea vulgar expreffion,) cramming the duty down their throats, inftead of letting it gain upon them by gentle and infenfible degrees, as (by the connivance, or relaxation of the oppofition to it, which had prevailed for a year or two before,) it had already begun to do. This permiflion, therefore, to the Eaft-India Company to fend their tea to America may juftly be confidered as an imprudent meafure p.n the part of Great-Britain. FRENCHMAN. I confefs, it does appear to have been fo. But ftill, I think, it is hardly fufficient to account for the prefent very violent animofity of the againft Great-Britain, There mufr, I 317 I as I imagine, been fome other meafures takett by Great-Britain againft America, of a ftill more offensive and alarming nature, to give rife to fo general a fpirit of refentment and hoftility as feems now to prevail amongft the Americans. And fuch meafures I can eafily conceive to have been taken by Great-Britain in the firfl: tranfports of her indignation at hearing of that provoking act of violence, the deftruclion -of the tea at Bofton. Pray, what were the mea fures taken by Great-Britain upon that occafion? ENGLISHMAN. Your conjectures are very well founded, of the The prefent dangerous troubles in America were not occafioned intirely, nor even princi- foewn b y . * , r _ the Britifc pally, by that attempt to import the tea of the parliament Eaft-India Company, but rather by the angry adts of parliament that were pafled in the fprine r of the tea of the year 1774 in confequence of the violent endeavours of the Americans to defeat the fuc- cefs of that attempt, and more especially, in confequence of their deftruction of the tea a t Bofton. On this occafion the indignation of Great-Britain knew no bounds : but fhe adopted pjeafures of feverity and refentment that had no kind ( 3 S J kind of relation to the offences committed by the Americans, and which had a ftrong and an immediate tendency to unite all the American provinces more clofely than ever in oppofition Thepaffing to her. The meafures that I allude to were fton-char- the Bofton-charter aft and the Quebeck aft, theQue. nd which, had evidently not the leaft connexion beck ad in w jth the deftrudtion of the tea at Bofton, or the forcible oppofition to its importation at New York and Philadelphia. For, as to the Bofton- port act, by which the town of Bofton was prohibited to be made ufe of as a fea-port town, or all its trade was flopped, till the people of Bofton had made a fufiicient compenfation to the Eaft-India Company for the destruction of their tea, I acknowledge that that aft had a near relation to the offence that gave occafion to it, and perhaps might be a proper method of puniming the people of Bofton for it, or rather of compelling them to do a mere act of private juftice with refpect to the company which they had injured: though there are fome parts even of that act which cannot be wholly juftified upon this ground. But thefe I mall not now examine, becaufe this act does not appear to me to have given general offence to the Americans, and to f 3*9 1 to have become a caufe of the prefent alarming commotions: but, on the contrary, it feems probable to me that, if Great-Britain had ftopt at this one act, the other provinces of America would have left the people of Bofton to fliift for themfelves, until they had made that reparation to the Eafl-India Company, for the damage done to their property, which juftice feemed to re quire of them. But what had the deftruction Unreafon- of the tea to do with the charter of theMafla- chufet s Bay ? How did the privileges contained Boft o- . charteraS, in that charter contribute to that act of violence ? And why, therefore, fliould they be taken away ? That outrage was committed by a party of forty or fifty men, difguifed in Indian drefles and with crapes over their faces, in con- fequence of a motion made and applauded in a very numerous meeting of the people of Bofton, called a town-meeting. This kind of meeting is not authorized by their charter, nor even mentioned in it, but is warranted by fbme of their provincial acts patted by the governours, councils, and aflemblies of former times. It ought not therefore to be imputed to the char ter: nor ought the privileges contained in the charter to be taken awav on account of the rafh * refolutions J ^ re/blutions taken in it. Indeed, if thefe town* meetings had not been authorized by the laws of the province, but exprefsly forbidden by them, and by the charter likewife, it is probable that on that unhappy occafion of the arrival of the tea in the harbour of Bofton, and the refufal of the mafter of the veffel to return back with it to London, fome fuch meeting of the people of Bofton would have been held, either under the name of a town-meeting or fome other name, (which is a matter of no fort of confe- quence,) to concert meafures to prevent its being landed. Accordingly we fee that in the provinces of New York and South Carolina, (which have no charters, but are governed in- tirely by the king s commiffions to his gover- nours,} the people joined in meafures of vio lence to prevent the fale of this tea; in the former place, fending a threatening mefTage to the mafter of the veffei that was bringing it, by which they forbad him to proceed on his voyage and enter the harbour of New- York, and com manded him to return with the tea to England j and, in the latter place, feizing upon the tea after it was landed, and locking it up in a ftore* fcoufe, in order to prevent its being fold. And in Penfylvania, (which is indeed governed by a charter, but of a very different kind from that of the Maflachufet s Bay, and in which the parliament has not as yet thought fit to make any alterations,) the people proceeded in the fame violent manner as at New-York. This violence therefore at Bofton had no connection with the charter of that province, and ought not to have given occafion to any diminution of the privileges which had been thereby granted. The true and only caufe of this act of violence of the people of Bofton, and of the other acts of violence committed in the other provinces of America, was the general opinion, that was now become rooted in the minds of the Ameri cans, that the Britim parliament ought not to tax them, and their firm refolution not to let themfelves be fo taxed. The natural way there- The _ r 1 n r i r " nc ^ fore to prevent lucn acts or violence for the natural future was one of thefe three j either, to alter "y^" this general opinion, or fo conform to it. or, ini ghthave in r i ; been taken laftly, to itation luch a moderate military Jorcc to prevent in the principal fea-port towns of America, or ^ ^0- at leaft at Bofton, as would deter the people 1 f nce . in America from venturing to commit them. To alter the for the general opinion of the Americans by mere argn- S s ment, more t 322 , was indeed almoft impofftble, after the deep impreffion which the Farmer s Letters had made on their minds: but perhaps it might have been poffible to fucceed in altering it by offering them a competent reprefentation in parliament, or by fome other reafonable con- defcenfion. To conform to this opinion was both fafe and eafy, by patting fuch a refolution in both houfes of parliament as we have above fpoken of, to wit, " that no internal tax mould be laid on the Americans by the Britim parlia ment until they had been permitted to fend reprefentatives to it ; and that the produce of all external taxes impofed by the parliament fhould be left to the difpofai of the legiflatures of the feveral colonies in which they were raifed. And, laftly, if this fecond method had been thought an improper condefcenfion in Great-Britain, and unworthy of her dignity, it would, I imagine, have been practicable to fupport the claims of the mother- country by force, by fending a body of about 2000, or at moft 3000, men to Bofton, to prevent fuch outrages for the future. This was done in the year i/68, when the people of Bofton were almoft in a ftate of open rebellion: four re giments giments were landed there, which togetfier amounted to only 1200 men, and peace was inftantly reftored : nor did any frefh difturb- ances break out there till two of thofe regi ments had been injudicioufly, or, at leaft, un fortunately, removed from thence j after which the mobs of Bofton grew confident that they could matter the remaining two regiments, and accordingly begun to pick quarrels with them, and brought on that unhappy disturbance at Befton, of which we have already fpoken, in which twelve foldiers, firing their pieces in their own defence, killed five of the principal rioters, and wounded about as many more; after which melancholy event the foldiers were re moved to the king s fort, called Caftle William, at the difbnce of three miles from Bofton, But it is almoft certain that, if the whole four regiments had continued at Bofton, (though they amounted to only 1200 men,) that un happy affair would never have happened. As therefore the people of Bofton had, by their outrage againft the tea of the Eaft-India Com pany in December, 1773, made the prefence of a body of foldiers amongft them a fecond tijjie neceflary to the prefervation of the publick S s z peace I 324 ] perce and the due execution of the laws, it feemed to be juftifkble to fend thither a body of troops fufficient to anfwer that purpofe, as 2000, or at moft 3000, men in Bofton, with 1000 at Caftle William, would probably have . been. If this had been done, and a fecond fhip, loaded with tea, had been fent thither from England, the cargoe might have been landed under the protection of this garrifon, and the dignity and authority of the Britifh par liament would have been effectually fupported. And, when this new cargoe of tea had been once landed, it is not improbable that it might have been fold amongft the Americans ; as people are often found to do things as indivi duals, which on formal occafions, and when met together in numerous bodies to confult on publick meafures, they are ready to condemn. At leaft it is certain that the popular leaders of the Americans apprehended this would be the cafe with the body of the people in America, if once the tea came to be landed ; and there fore they took fuch violent meafures to prevent its being landed. Now, if once a cargoe of tea had been landed and fold at Bofton, the example would probably have been followed by the t fche other provinces, and the refinance of Ame rica to the authority of parliament upon this iubject would have been at an end. In the A cautious mean while the injury done to the Eaft-India SJaf^ght Company might have been repaired in this have been . ... . taken to manner. Proclamations might have been iffued procure at Bofton offering rewards tor the difcovery of tobVmade the rioters who went on board the tea-fhip in P$ eEaft- India com- difguifes, and deftroyed the tea ; and, if they pan/. were thereupon difcovered, actions of .trefpafs fhould have been brought againft them by the agents of the Baft-India Company in the courts of juftice at Bofton. If, upon thefe actions, the juries had refufed to find verdids for the plaintiffs, notwithstanding the evidence was fufficient to prove the fact, or, if they had found verdicts for the plain-tiffs, but had given them compenfations manifeftly fhort of the value of the tea that had been deftroyed ; and this had been reported to have been their partial conduct: by the judges who would have tried the caufes; fo that there had been a manifeft and enormous failure of juftice towards the injured party; or, ifj upon the offers of rewards for the dif- covery of the perfons that deftroyed the tea, no fuch difcovery had been made ; whereby a v . failure r failure of juftice would have happened for want of proper evidence to ground judicial proceed ings on ; in either of thefe cafes, perhaps, but not before, it might have become proper for the Britifh parliament to interpofe in fomc extraordinary manner to compel the people of Bofton to do juftice to the Eaft-India Company, as, for inftance, by putting a flop to the trade of Bofton, till a certain fum of money (deemed by the parliament to be a fufficient compenfa- tion to the Eaft-India Company for the injury they had fuftained,) mould have been paid by them to the faid company. I fay only, perhaps this might have been proper even in this cafe : for I am not fure that it would not have been a ftill better way of proceeding, for the parlia ment to have confidered the deftruftion of the lea as a misfortune to the Eaft-India Company arifing from the enmity and violence of a few unknown, wicked, men, and not as the act of the people of Bofton in general, and confe- quently to have required no compenfation for it from the whole town of Bofton, but either to have let the Eaft-India Company fufFer the lofs, (which, it muft be obferved, was occafioncd by the compliance of the parliament with the Company ? 3 Company s own requeft,). or elfe, if compenfa- tion muft be made to them, to have made it out of the revenue of Great-Britain, upon the ground of the government s having negleded to provide fuch a force in the town of Bofton as was neceiTary to protect the fubjeds of the Crown in their trade thither. A compenfation. of this kind would probably have coft Great- Britain about twenty thoufand pounds fterling, and would, if it had prevented the approaching civil war, have been the means of faving her more than twenty millions. Thefe were the meafures that ought, in my opinion, to have been taken by Great-Britain with refpecl to the people of Bofton after their deftruction of the tea. But not one tittle of their charter mould have been altered, either for the better or the worfe. For this was a fubject of a different and ilill more important nature than the other : and the meddling with it was heaping fuel upon the fire of difcord already kindled, and giving the Americans new matter of complaint and new reafons for uniting againft Great-Britain* TRENCH* FRENCHMAN. 71 Indeed it is furprizing that the Britim parlia ment mould have touched upon that new and delicate fubjec~r, (which I fee plainly had no relation to the deftrudion of the tea,) when they had already fo much bufmefs upon their hands to fettle the difputes concerning their right of impofing external taxes in America. Dangerous ffa alteration of the charter of Bofton, I tendency of the a a mould have apprehended, would have been of the charter itfelf almoft fufficient to raife a rebellion in that Maflachu- P rovi nce > without the preceding dilTenfions con- fet sEay. cerning taxation. Nor could any meafure of the Britim parliament tend more to alarm the other provinces of America, and make them affift the people of Bofton, than this ; fince, if the parliament can thus make alterations in the charter of MafTachufet s Bay in one year, and that without any mifconduct proceeding from the charter, it may juftly be apprehended that they will make the like alterations in the other charters of America in another year : and thus nothing will be fafe and permanent in all the boafted liberties of the Americans ; but they will wholly depend upon the pleafure of the Britifh [ 329 1 Britifh parliament. I eafily conceive that this apprehenfion muft have fpread very far amongft the Americans, and raifed a prodigious ferment- in their minds, ENGLISHMAN. It certainly has done fo, and has contributed The mlf- more than any former meafure to make them confider the caufe of Bofton as the common B fton - t charter-act caufe of all America. Till that charter-acT: was on the known in America, the people of the other r ef iutions provinces, and more efpeciaily thofe of Penfyl- vania, were difpofed to confjder the inhabitants of Bofton as having gone a Jlep too far in their oppofition to the tea-duty, when they deftroye4 the tea that was the object of it, and thereby did a private injury to the Eaft-India Company, Thofe Americans therefore thought it was the* duty of the perfons concerned in the commiffion. of that injury, to make the Eaft-India Company an adequate fatisfa&ion for it $ even as, in thej year 1766, after the repeal of the flarnp-acT:, the aflembly of the fame province of the Man% chufet s Bay had granted confiderable furqs of money out of the publick revenue of the prq- yince, to make amends for the damage that ha4 T t 33 J been done to the property of particular perfons by the mobs that had oppofed the (lamp-duty. And they expected that Great-Britain would take fome erTeftual method for compelling them to make fuch fatisfaftion ; and thought it reafonable that (he (hould do fo. Nor did they think the Bofton-port bill an unfit method of compelling the town of Bofton to make this fatisfaftion. But when, in a few weeks after the Bofton-port aft, the aft for altering the charter of the province arrived in America, the tone of all the other provinces was inftantly changed, and they agreed with the inhabitants of the MafTachufet s Bay in declaring that it was then moft evident that the liberties of all America were in danger, and that meafures of union muft be entered into by them all for their pre- fervation. The deft ruction of the tea, and the fatisfaftion which it was reafonable to make for it, were now become matters of fubor- dinate coniideration ; the very vitals of their liberty, they faid, were ftruck at, and muft be defended by arms, if they meant to keep them. And then, in a few weeks after this Bofton- charter aft, the aft for the government of the province of Quebeck was received in America; which wnich carried the alarm to the liberties c>f T . he ( aid - . r n* 1 . mifchie- America frill further if pomble, than the charter-act, and made them tremble even for the exigence of their aflemblies, (which the c u rea ^ d b ^ the Que- charter-act had not meddled with,) and fufpect beck-aa. that Great-Britain, if they fubmitted to her authority, would, in a fhort time, abolim thofe popular legiflatures, and govern the feveral pro vinces of America by legiilative councils con- fifting of perfons to be nominated by the king and removeable at his pleafure, like that which is eftablifhed in Quebeck. This act feems to have raifed the difcontents in America to their higheft pitch, and to have driven even the for mer friends of Great-Britain (whom the popu lar party had diftinguifhed by the name of tones, on account of their fuppofed want of zeal for the liberties of their country) into the meafures of the oppofite party. For fince this acl: we have hardly feen any perfon amongft the Ame ricans who has exprefled the leaft inclination to acknowledge and fupport the authority of parliament, except the cuftom-houfe officers and other officers of government in America, who hold lucrative employments there at the pleafure of the Crown, and a few of the clergy Tt 2 of 33 2 1 * of the Church of England, who are eager!/ defirous of having a proteftant bimop fent to America, and who, probably, entertain no hope of feeing that favourite meafure accomplished but by the authority of the Britifh parliament. All the reft of the Americans feem to be averfe to the authority of Great-Britain, though not to be difpofed to act with equal vigour in refift- ing it j fome of them being, as I before ob- ferved, only paffive enemies of it, who difclaim and deny it in as ftrong terms as their brethren, but are not inclined to refift it by force of arms. FRENCHMAN. You feem to fuppofe that, till thefe two unhappy acts of parliament were pafled, there was a party of men of independent condition Great- En- America who might be confidered as the tain before thepaffing friends of Great-Britain and the authority of of the faid . . , the Britilh parliament. rray, is that your o P* m ^ on ? anc *> ^ ^ 1S > u P on w ^ at g roun ds do you entertain it ? ENGLISHMAN. I hardly know what anfwer to make to this queftion. For I muft needs confefs that I have never 1*333 ] never myfelf met with many independent per- fons in America who were difpofed to acknow ledge the authority of the Britifh parliament to tax them j I mean, of late years, fince the repeal of the ftamp-acl and the publication of the Farmer s letters, and the confequent non importation agreements. For fifteen years ago it was acknowledged by every body. I have therefore no reafon to conclude from my own obfervation that there was, before the paffing of thofe two acls, a fufficient number of per- fbns of that way of thinking to be called a party ; though I have on fome occafions met with a few fuch perfons. But it is well known that feveral gentlemen of great character and abilities in America, and who have had great opportunities of knowing the ftate of parties in it, have repeatedly tranfmitted accounts of a different kind to the minifters of ftate, and their other correfpondents, in England, in which they have allured them that there was a great number of perfons of weight and property in America that were friends to the authority of the Britifh parliament, and who would be ready, when properly fupported by a refpeclable body of troops, (that mould be jufl fufficient to keep the t 334 ) the mobs m awe,) to declare themfelves to b& fo. And in the fame accounts thefe gentlemert of eminence have fpoken of the popular party in America as being a faflion; and have fre^ quently called them by that name, intimating thereby, (as I fuppofe^) either that they were a minority of the people there, who difturbed their more numerous and peaceable fellow- fubjecls by their violent and tumultuous be-f haviour, or, at leaft, that, if they were more numerous than the other party, they had fewer men of proper cy and liberal education amongfl; No fach them. Now thefe accounts do not appear to party has rr appeared be true with refpet to the prefent ftate of America j fince, though general Gage is now th ffi f V*" at Bofton w^h a very large body of troops, two ads of there has been no confiderable number of per- fons of any clafs or fort; high or low, rich or 1 poor, of liberal or of low education, that have declared themfelves in favour of the authority of the Britim parliament j but almoft every body has appeared to be difTatisfied with it, and many perfons have abfolutely taken arms againft it and twice engaged the Britim troops in battle on that account, and others, of a more peaceable difpofitionj are wifhing and feeking for I 335 I for milder ways of ending the difpute by peti tions to the king and propofals of a treaty and jcompromife with the parliament, but not of a jcompleat fubmiffion to its authority. To re concile this ftate of things with the accounts that have been given of America by the perfons of character above-mentioned is no, inconfide- rable difficulty. It is hardly poffibie to conceive Reafon for that thofe perfons fhould have been fo intirely that there iniftaken in their judgements and opinions of the Americans as they muft appear to have been, jheyear if we judge from a furvey of the prefent ftate of America : and ftill lefs ough^t we to imagine that they meant to deceive the Britifh govern r ment, and bring on the prefent moft deftruclive civil war. We muft therefore ponclude that their accounts of the fentiments of the Ameri cans were true in the year 1772, though they are not fo now, and that till that time there were many perfons in America who (notwhh- flanding the claim .of the Briti/h parliament to the right of impofing taxes on the inhabitants, and their exercife of that right in the continu ance of the trifling duty upon tea) were friends to Great-Britain, and averfe to any meafures of refinance to the parliament s authority ; though [ 336 ] even thefe perfons were not, as I believe, dif~ It is pro- pofed exprefsly to acknowledge its right to tax bable that , t * / this party them. But, upon the palling the Bofton- thecaufeol" cnarter ac ^ anc * tne Quebeck-act in the laft Great-Bri- vear 1774, it feems probable that the majority tain upon r . thepaffing of even thefe friends to government, or Great- two h aas! d Britain > thought it neceflary to change their conduct and go over to the more violent party who were difpofed to refift the authority of parliament by force of arms, as being the only method left them for the prefervation of their liberty. And indeed I have heard more than one of thefe late friends, and now reluctant enemies, of Great-Britain exprefs themfelves in very plain and ftriking terms to that effect, with a melancholy fenfibility to the diftrefsful condition they were driven to, which I {hall not eafily forget, FRENCHMAN. If you can recollect the expreflions they made ufe of on that fubjedt, I mould be much obliged to you if you would repeat them. For their own words will beft convey theig fentiments, ENG-? [ 337 3 ENGLISHMAN, I will endeavour to do fo as well as I can 2 and indeed their expreffions affected me fa flrongly at the time, that I believe I can recoi led a good many of them. They expreffed themfelves to the following effect. 4< We have Americans " hitherto been engaged in a difpute with our J^ at- " mother country, not concerning the exiftence ^.^ to f the lutcre^ " of our affemblies, nor the free and full exer- and authq- " cife of their legiflative powers fqr the benefit Qreat-Bri- " of their refpective colonies, but only con-* {, ai j , and " cerning their fubordination to the fupreme ftigmatis d o * i i * legiflature of the whole Britifh empire, th? na^e of " parliament of Great-Britain, The members ^ a . n " of that great legiflature have infifted, that w^ up- fe i rr t v f i A on the r^- e the aliemblies or the American provinces are " of the nature of the common-councils of the * " corporation-towns in the ifland, or kingdom,, ce of Great-Britain, which have a local an4 " inferiour fpecies of legiflative authority, or, ** as it is expreffed in the American charter^ * e and commiffions, an authority to rrial^e laws " for their own goed government, not repug-a < nant to the general laws pf England, an4 * \vhich are knowa by the name pf fye-Ja<ws 5 V W ! [ 333 ] " but without interfering in the lead with the " fuperiour authority of the parliament, which " is the fupream and general legiflature of the * c whole nation, and has power to bind all the " fubje&s of the crown in every part of its f dominions. And we, the fober and loyal " party in America, (whom our brifker coun- * c trymen have ftigmatized with the name of <e Tories, on account of our attachment to <{ Great-Britain)) being convinced by the force " of the reafons alledged in that behalf, and C defirous of maintaining our union with Greafc- " Britain in the moft perfect manner, have " acknowledged the juftice of this preteniion, " and have declared ourfelves to be bound in. " duty, and wjlling in, fact, to obey the fu- " pream legiflative authority of the parlia- " ment j though we have wifhed at the fame " time, that they would forbear to ufe it for " the purpofe of impofing taxes oil us, and " leave that fingle and delicate bufinefs to be " tranfacted by our own afTemblies, as it had <c always ufed to be till the unfortunate ftamp-!. " act in 1764. Thefe have been our mode- " rate and friendly fentiments towarcjs Great- * Britain, though a more clamorous and vio- <c lent t 539 1 " lent party among us has inflamed the people tc with notions of a very different kind, and " has led away a majority in our alTemblies to ic declare, that they are not fubordinate in " any refpecl: to the Britifh parliament, but tc perfectly co-ordinate with it, and equal to " it in authority within the limits of their te- et fpective provinces. Thefe pretenfions we " are forced to difapprove, arid have, from " time to time, exprefTed our difapprobation " of them, as far as the over-bearing fpirit of " the other 4 party, (who have engaged the com- <f mon people on their fide,) has permitted us " to do fo : bec aufe we were of opinion, that l thefe high pretenfions were not only void " of foundation in truth and reafon, but that " they were contrary likewife to good policy, " as they have an immediate tendency to " fplit the dominions of the crown of Great- " Britain into fo many fe parate and indepen- " dant dates, and deftroy that happy union " and harmony that has hitherto fubfiiled be- " tween them. But we had never yet imagi- " ned, that Great-Britain had begun to envy us " the enjoyment of our afTemblies themfelves, " and to wim to have us governed intirely by U u 2 " officers e * officers of the crown, without any {hare jii * the appointment of the legiflatures of our C{ refpedtive provinces. But now we have f e reafon to entertain this new and alarming * c fufpicion. For an act of parliament is lately ee patted, in direct oppofition to the king s <{ proclamation of October, 1763, (which we ec nad always looked upon as a facred inftru- " ment, that Was binding on the king and * c nation, and could not be repealed without " a breach of the publick faith, but which " this act has boldly refcinded and annulled <c by exprefs words ;) an act of parliament is c{ patted, to eftablijh, inrtead of tolerating, the " popifh religion in the province of Quebeck ; c< and to revive the French laws there in all " matters of property and civil rights j and, ct confequently, to refume, from both the * French and Englifh inhabitants of the pnW <c vince, the grant that had been made to them * { by the laid proclamation, of the Englifh ei laws concerning the writ of habeas corpus, * and the enjoyment of perfonal liberty, and " concerning the trial by jury in all civil actions, " and of divers other beneficial laws of Eng- landj and to eflabli(b, inftead of an 1* alTembly, * aflembly, (which had been promifed thent " by the faid proclamation as foon as the ftate " and circumftances of the fafd province would ce permit,) a legiflative council compofed of " perfons nominated by the crown j and which * { is not eftablifhed for only a fmall number of " years, but is defigned (for aught that appears " to the contrary in the act,) to be the perma- " nent mode of government for that province to- " all future generations ; andlaftly, (which is <c a matter that concerns us more nearly than " all the reft,) to enlarge the boundaries of <e the province of Quebeck fo as to take in the ** five great lakes and all the immenfe and very ce fruitful country contained between them and c< the rivers Ohio and Miffiiippi, and which " lies at the back of our provinces 5 with a " view, as it fliould feem, that this new and <{ favourite mode of government, together with " the Roman-Catholick religion (now alfo, to " all appearance, jbecome an objecl; of favour " with Great-Britain,) mould prevail through* " out all that vaft country. What then can we " conclude from fuch an a6t of parliament, " (the paffing of which would ten years ago " have been thought an impoffible event j) f 342 1 te tut mat Great-Britain is now governed \yf * e the counfels of a fet of men, who, going far * beyond the late Mr. Grenville s fentiments " in their plan of controuiing thefe provinces, ** intend not barely to reduce our affemblies " to their antient arid conftitutional condition " of inferiour legiflatures, fubordinate to the e * fupream authority of the Britim parliament, ff but abfolutely to deprive us of them, and " govern us by legiflative councils appointed by * e the crown, in imitation of that which they 11 have juft now eftablifhed in this immenfe " new province, which they have erected at <k the back of our fettlements ? -And if this " be their defign, it behoves us Englim Ame- " ricans, if we deferve the name of Englim-* " men, and fet any value on the liberties we " now enjoy under the protection of our afiem- " blieSi to unite with heart and hand in de- " fence of them. In fuch a caufe we are ready < to venture any thing, even life itfelf, the " continuance of which cannot be pleafant to " us after the extinction of our liberty. We " muft, therefore, now at laft give up the * pleafing hopes which we, the fober and loyal ? party in America, (who have acknowledged "the ( 343 J " the authority of the Britifh parliament over " us,) have hitherto entertained of feeing an " an amicable conclufion of our prefent difputes " with our mother-country, fince me has fo * far forgot her parental affection towards us ( * as to meditate to reduce us to a ftate of po- " litical flavery : and we muft henceforwards " unite ourfelves with our more violent brethren Cl to carry on their fchemes of independance " on Great-Britain -, fchemes which they have " adopted from ambition, but which we (hall " accede to from the humbler, but not lefs ec cogent, motive of neceffity, from a fenfe of c< the impoflibility of preferving our former " degree of liberty without it, after the difpo- ^ fition which Great-Britain has manifefted " with refpe(S to us by this furpri^ing acl: for f e the government of Quebeck. ! This was the language held about the autumn of the laft year, 1774, by fome of the moft moderate Americans in the EngliCh provinces uppn the paffing of the late Quebec^ bill ; an4 accordingly we fee that the oppofition to the authority of the parliament is now become al* fnoft yniverfal throughout thofe pi;ovinces f hardly hardly any perfons in them having, fince that time, appeared to have any inclination to ac knowledge and fupport that authority except, as I before obferved, the cuftom-houfe officers and other officers of government in America, who hold lucrative employments there at the pleafure of the Crown, and a few of the Church of England clergy who are moft follicitous for the eftablimment of proteftant bifhops in thofe^ provinces. FRENCHMAN. I fee plainly that the Quebeck-adt is equally prejudicial to us Canadians and to the inhabi tants of the Englim provinces in America. It is intended to keep us in a perpetual ftate of enmity againft thofe provinces by means of the difference of our religions, and to make ufe of our afliftance in fubduing the rebellious inhabi tants of thofe provinces to the obedience of the pritim parliament. But the Britim government will find themfelves much miftaken in this - policy. For we Canadians are not difpofed to Bot difpof- be fo employed againfl our Englifli neighbours j *1tbftwid- nor ^ oes tne difference of our religious opinions ing their infpjre us witk fenfcimejit& $f hatred towards sealous at* lachment to the Ro- jpan-Catholick fcliglon) to be employed 411 ir^dMpj^g |h Q,th?r Ap^ri to the cbe^J$ncf .9*" the Bntifh parliament u [ 345 1 them, after the humane and friendly treatment -we have received from our Engliih and pro- teftant fellow-fubjecls in this province, as well as from the Britifh government here, for the laft fifteen years. We are, it is true, zealous Roman-Catholicks : but we are fo, becaute we are bred up in that religion, and have no know ledge of any other -, and we have happily no antipathy to thofe who have been educated in other religious opinions, when we fee that they are fo candidly difpofed to grant us the fulled liberty of profefling our own. This fine-fpun, but malignant, fcheme, therefore, (which has been lately adopted by the Britifh miniftry,) of fetting us at variance with our proteftant fellow-fubjecls in the neighbouring provinces, will infallibly prove abortive. However, I do not wonder it has alarmed the Englim colo- nifts in North-America : it ought naturally fo to do : and I hope they will infift upon this adt s being repealed before the prefent difputes with Great-Britain are brought to a fettlement. E N G L I S H M A N. You may depend upon it that they will infift There Is on this as an indifpenfable preliminary article expea that to any accommodation- they may make with theEn s llfh - * J f p-ovinces X x Great- ^ North, will infift on the repeal of the Quebeck-a^, t 346 ] Great-Britain : and likewife on the repeal of the Bofton-charter aft. Without thefe two con- ditr/ns they will liften to no terms whatever, unlefs they mould be totally fubdued by Great- Britain, which (from what we have obferved before) does not feem likely to happen. FRENCHMAN. J am glad to hear you fay that the Englifli provinces will in(ift on the repeal of the Que- beck-adt as an indifpenfable article of their reconciliation with Great-Britain. For then I hope it will be obtained : whereas I doubt whether our poor Canadians would have cou rage and fteadinefs enough, (notwithftanding their great diflike of it) to unite and perfevere in making the petitions to the king and parlia ment that would be neceflary to procure a repeal of it. However, I hope that our fentiments upon this iubject will be made known to the minifters of ftate and other perfons of influence in England, (without our making a formal petition againft the act,) by the teftimony of fuch honeft and impartial Englifhmen as from time to time fhall go from this country to England, who cannot but perceive how greatly and how generally we are difpleafed with it. ENG- [ 347 ] ENGLISHMAN. I doubt whether fuch reprefe ntations as thofe (however refpectable they may be, from the number and the characters of the perfons who (hail make them, and from the uniformity of their teftimony) will ever procure the repeal of that obnoxious ad ; and am inclined to think that (if the other American colonies mould take no notice of it) nothing lefs than ftrong and general petitions of the Canadians themfelves will be fufficient for that purpofe : if even thofe would be fuccefsful. So that your beft chance of getting rid of this act feems to arife from the alarm which it has given to the Englifh colonies and the refolution with which they feem determined to infift on its repeal. FRENCHMAN. Well ; I hope they will fucceed in rheir en deavours to obtain the repeal both of this act and the Bofton-charter act. And then, if The repeal Great-Britain would add to thefe repeals a de- beck-aft claration of the kind we have before mentioned concerning the future taxation of America, , . . together namely, " tnat me will never irnpo(e any in- with a re. ternal taxes upon them until they have been ^Q"^ X x 2 permitted P cfe inte r- nal taxes on the Americans, nor to difpofe by aft of parliament of the revenue pro* duced by extemal taxes, but to leave it to the difpofal of their afiemblrss, and together with an alTurance that their charters ihould not be altered for the future without a charge and hearing, would be a good foundation for a reconciliation between Cleat-Britain and North-America. [ 348 ] permitted to fend reprefentatives to the Britifli parliament, and that, when (he impofes any external taxes upon them, the revenue arifing from fuch taxes mail be left to the difpofal of the legiflatures of the feveral provinces in which it {hall arife, refpeclively," and fome aflitrance that their charters mall not, for the future, be taken away or altered, without firft bringing a formal charge in parliament, accompanied with proper proofs, of an abufe of the privileges contained in them, and a hearing of the pro vinces fo charged in their own defence ; I mould imagine the Americans would be content to return to their former fubjeftion to Great-Britain and acknowledge, or, at leaft, comply with, the authority of the Britim parliament upon all other fubjecls, ENGLISHMAN. I intirely agree with you in thinking that thefe are the grand preliminary articles on which a reconciliation with Great-Britain ought to be grounded, and without which there is no pro- fpect of its taking place. But there are a few other points upon which it would be both eafy and very prudent for Great-Britain to give the Americans I 349 J Americans fatisfaftion, and which otherwife Some other may become the occaiions of future difputes w h" c h it between the two countries. Thefe points are 5 x ou e ^j e nt the lucrative places in America, which are to give the . , . . - Americans executed by deputies ; tne quit-rents paid to fatisfac- the king by the holders of land in America - t r the ertablifliment of protefbnt bifhops in Ame rica y and the amendment of the conftitution of the ieveral councils of thofe provinces which have no charters, but are governed only by the king s comrnuTions to his governours. If thefe points were fettled to the fatisfaclion of the Americans, (as they might eafily be without prejudice to the interefts of Great-Britain,) I (hould imagine they would greatly contribute to a permanent reconciliation between Great- Britain and her colonies. FRENCHMAN. In what manner would you propofe that thefe matters fhould be fettled ? and what are the apprehenfions the Americans entertain concerning them ? ENG- ENGLISHMAN, The firfl of thefe fubjecls, the lucrative em ployments under the government, which are Ofthelu- enjoyed by perfons refident in England, and crative ci- J J J r O vil offices executed by deputies, has occafioned frequent in the A- , . .\* , merican complaints in this very province, and particu- coipnies, ] ar ]y amon pft the Canadians. How often have \vhich are J enjoyed by you heard your countrymen complain of the Ident n in re ~ jrah de juftice> et du bureau du fecretaire de la En | la a n r g province , and perhaps yourfelf joined with them executed j n making thefe complaints ? Now thefe are, in by deputies ,_,,,, inAmerica. part, the ertects or the manner in which the offices of provoft-marmal and feeretary of this f ^i province have been granted. In the year 1 763, ofprovoft- when a refolution was taken by the Englifh the pro- minifters of ftate to eflablifli a civil government Quebec! ^ n ^ s P rov J nce ^ Quebeck by granting to general Murray, (who at that time commanded in it, as the fenior military officer on the fpot,) a commiffion to be civil governour of it; but before fuch commiffion was received, or had even been paffed, and confequently before any courts of juftice, or other offices of civil government, were erected there by virtue of it $ his Majefty was pleafed to grant a commiffion under the great r, 351 r great feal of Great-Britain to an Englim gentle man of good eftate in the county of SufTex, of the name of Nicholas Turner, (who had not the leaft intention of coming over to Canada,) to be provoft-marfhal of t\\Q province of Canada; for fo this province is improperly called in this commiffion, though in the great commiffion of captain-general and governour in chief granted to general Murray, and likewife in the famous royal proclamation of Odtober, 1763, (in which the king declared his intention of creeling a civil government in this province,) it is called the province of Quebeck. This commiffion was dated on the 23d of September, 1 763 j which was before the dates both of the faid commiffion of governour granted to Gen. Murray, and of the faid royal proclamation. It was granted to this Mr. Turner for his life, with a power to execute it by one, or more, fufficient deputies, who mould be refident in the province, and for whofe faith ful difcharge of their duty he was to be anfwer- able; and with fuch fees, profits, and advan- Ofthefces it , n which .the tages as were enjoyed by any other provoit- marmal on the whole continent of North-Ame- \ was^utho- rica. By virtue of thejfe laft words Mr. Turner was at liberty to hunt out the largdl table of Ices [ 352 J fees that could be found in the richeft provinces of North-America, (as for inftance, in Penfyl- vania, Virginia, or South-Carolina,) and make it the ftandard of thofe he was authorized to demand for himfelf in this poor province of Que- beck, or, perhaps, to compofe a new table of fees from the largeft fees that mould be found to be taken in feveral different provinces of North-America : for the words of this part of the commifTion are fo loofe and general, that it is difficult to afcertain their true meaning, as you will eafily perceive when I repeat them. They are as follow; " with all fees , rights, profits, privileges and advantages ivhatfoever , thereunto belonging, in as full and ample manner as any other provoft-marflial of any our provinces or colonies, in North- America does hold and enjoy, or of right ought to hold, and enjoy, the fame." Thus Canada (which was at that time a poor province, and in which the people had been ufed to pay very low fees of office of every kind ; I mean fuch as were low even jor a poor province ;) was at once, in this negligent man* ner, made liable to pay as great fees as the richeft province of North-America for every thing done in the office of provoft-marfhal, >& that that is, in the execution of the judgements and orders cl all. t}ie Courts of juiuce in the pro vince; and this for the private benefit of an Englim gentie.aj.iii, v/ho had no intention of coming over to Canada to execute the office himfelf, but who was permitted to farm k out to his deputies for the bed price he could get. It is no wonder this proceeding was complained of by the Canadians. Now the conduct which ought to have been - , , . r . . . dudl which purfued on this occaiion was very obvious. An g inftrudion mould have been fent to governour entou s ht O. , to have Murray and the council of the province, to purfued on . r n i -t- w- ,.; that occa- inquire in the nrlt place, what were the fees fi . paid by the people of Canada for the execution of the feveral proceflcs of the courts of civil judicature and for the other branches of a pro- voft-marmal s duty, in the time of the French government, and make a report of them to his Majefty ; and, 2dly, to report their opinion concerning the fees which the faid people could then afford to pay, and would readily confent to pay for thofe fervices j and, thirdly, what the annual amount of fuch fees would probably be$ and, 4thly, whether it would be, moft y y convenient f 354 J convenient to have one provoft-marfhal, of iheriff, for the whole province, or to divide the province (which was very large) into two or three different diftricls (as in the time of the French government it had been divided into three diftricts,) and appoint a feparate officer of this kind tb each diftricT: ; and, jthly, Whether, in their opinion, the amount of the fees which the Canadians had been ufed to pay under the French government, or which they could then eafily afford, and would chearfully confent, to pay, would be fufficient to induce capable and refponfible perfons, refident in the province, and acquainted with the French as well as the Eriglifh language, to undertake thefe offices j and, if thefe fees were not fufficient for that purpofe, to report to his Majefty their opinion of the quantum of the falaries which it would be neceffary to annex to thefe offices, over and above the faid moderate fees, in order to induce fuch capable and refponfible perfons to undertake them. When thefe things had been carefully inquired into, and fully reported to his Majefty, by the governour and council of the province, it would have been proper to appoint one or more provofi-marlhals, or ihe- f 355 ] riffs, (as mould have been thought necefTary,) who mould have been conftantly reiident in the province and well acquainted with both the French and Englifh languages, with mo derate falaries, if neceflary, and a power to take fuch very moderate fees as lliould have been fet down in a lift allowed by his Majefty s order in his privy-council for that purpofe after the inquiry and report of the governour and council of the province above-mentioned ; and without any power to make a deputy, except upon very particular occafions, as in cafes of iicknefs j and then with the governour s licence. All this appears to me to be fo plain, that I mould have thought one hour s attention to the fubjecl; would have fuggefted it to any man, FRENCHMAN. I mould have thought fo too. And I heartily wifh his Majefty s minifters of ftate in the year 1763, (when that commiffion of provoft-mar- fhal of this province was granted to that Mr. Turner,) had beftowed that one hour s atten tion upon it, and purfued the conduct you mention. It would have prevented thoufands of complaints that have been made in this pro- Y y 2 vines provoft- marflial were too great for the pro vince of Quebeck. [3S*} 8 , vince concerning the exorbitant fees paid to that the afore- officer by thofe who were engaged in iaw-fuits. jniflion of For, as you well oblerved juft now, the fees we were ufed to pay on thefe occafions in the time of the French government, were uncom monly low 5 fo that what might appear a very moderate fee to an Englim inhabitant of the province, has appeared to us an enormous one and betides, this province was one of the pooreft in North-America at the time of granting that commiHion ; though it has iince acquired a confiderable quantity of gold and filver by the large exportations of corn that have been made from hence to Barcelona and other places in Spain for thefe ten or twelve years paft under the mild adminiftration of the Englim govern ment and the protection of the Englim laws, which took place here till the late Quebeck-ac~t. And therefore at that time it was very unjuft to require the people of this province to pay the fame fees to the provoft-marfhai as were paid in the rich province of South Carolina. The claufe Not to mention the abfurdity of expreffing a million power of demanding fees of the king s fubjects which ie- i vague anc j general terms as thofe which lates to the o o fees de- are u f e d j n this commiffion, which do not refer fcribes the quantity of them in a very loofe and uncertain manner. C 357 1 to any one particular province of North- rica, but to all of them together : which feems to make thofe words aimed unintelligible, and ought, in my opinion, to make the whole com* miffion void on account of its uncertainty. ENGLISHMAN. Your obfervation is very juft. The words The word* of the king s patents ought to be as clear and certain as poffible, and ought to manifeft a full knowledge in the king of the extent and value asciearand of the things he grants in them, whether they be lands, or rights and privileges of any kind. And, upon this principle, every patent declares the king to ad: " ex certd fcientid" that is, " of his own certain knowledge " and where that is not the cafe, the king is confidered in law as having been deceived in his grant , and the patent may be revoked. And this patent feems fo liable to this objection, that I almoft wonder the lord chancellor of Great-Britain of that time, (who was the earl of Northington, and who was reputed a man of abilities,) mould have put the great feal to it. But we may fup-r pofe that, in the multiplicity of the bufmefs of his high ftation, he never read it. FRENCH- t 358 1 FRENCHMAN. ! l VK? & ut > if tne patent had been ever fo corre& to eftabhfh fuch fees, in the wording of it, and had even let forth finefs done a lift of the fees which it had enabled the pro- in any of- vo f];. mar fh a i to demand, (as it ought to have JiCCj 3.S STC fufficient to done,); and if this province had been rich in- principal ftead of poors and thefe fees had been very ,o moderate, and fuch as the Canadians could proem c n deputy, have afforded to pay 5 yet I mould ftill have whofhall . / i . /r. do the thought that the granting or this office to a oTthe o"f? P er f n wno was to refide in England, and to fice, and execute it by a deputy, would have been a pay the . faid prin- wrong meafure, and unjuft towards the inha- an^ualTent ^itants of this province. For why {hould we out of the Canadians be forced to pay a tax, (under the rrofitsofjt. c r \ f ^ form and name or fees,) for the maintenance, or convenience, of an Englifh gentleman re- fiding in the county of Suflex ? For every part of the fees we pay to any officer, beyond what is fufficient for a reward to the acting perfon who really does the duty of the office, is, in truth, a tax upon the fubject for the fupport of an idle man : and, whenever the fees of an office are fo great and fo numerous that a proper and fufficient man can be found that is willing to t 359 1 to aft as a deputy in the office for a part of the profits of it, and confequently to pay a farm- rent to the principal officer for the privilege of acting as his deputy, the fees of that office r {however fmall they may be,) are too great by juft fo much as contributes to produce the rent paid to the principal officer, and ought, in point of juftice, to be reduced fo far as to annihilate that rent ENGLISHMAN. You now. enter fully into my objection to j 1 * 1 " 3013 - thefe lucrative places in America, which are made b x . enjoyed by perfons refiding in England and cans to the executed by deputies who farm them. The v g n Americans confider them in the light in which th f ir feve - i govera- you have juft now placed them, and complain ments, of them as inftances of the difpofition of the C e Britifli government to neglect the welfare and fatisfaclion of the American provinces, and to England, make ufe of them only as a fund for increafing cut ed by the influence of the crown in gratifying: its fa- ! heir depu " o Jo ties in vourites in Great-Britain with lucrative and fine- America. cure employments. This ground of complaint And it I would therefore fain fee removed, by abolifh- Amoved, * ing the patents that have been granted of thefe Jn i rde 1 [ t<> Americans f 360 J offices to perfons refident in Great-Britain, (I mean with proper compenfations to the pa tentees for the lofs of them,) and regulating the offices themfelves in a manner that would be fatisfaclory to the Americans. FRENCHMAN. Of the of- I think you mentioned the office of fecretary fice of fe- - . . . i t cretary of of this province as having been granted to a v^ e F f gentleman in England with the like power of . making a deputy, who fhould refide in the province and do the duty of it ; and that that has been, in a great meafure, the caufe of the complaints that have been made in this pro vince againft the great fees that have been re quired of us for all the bufmefs done in that office. Pray, to whom, and in what manner, was this office granted, upon the eftablimment of the civil government of this province ? ENGLISHMAN. It was granted to a gentleman of the name of Ellis, who had been governour of South- Carolina, and who was a great favourite of the late earl of Halifax, who was at that time one of his Majefty s fecretaries of (late, The patent if t 36 I is date-:! on the 30th of April, 1763, that is, t more than five months bciore the date of the proclamation of October, 1763, in which his Majefty declared his royal intention of eftablim- ing a civil government in this province, and confequently before it was known with cer tainty that fuch an office as that of fecretary of the province would be neceflary. And, left the profits of the office of fecretary of the province ces were fhould prove too {mail to be worth an Englifh the Tame gentleman s notice, three other offices of great r err ^" by o o rhe lame importance in this province were granted to the patent. fame perfon by the fame patent, to wit, the offices of clerk of the council of the province, commiffary, or fteward general, of the provisions and (lores of the king s forces in this province, and clerk of fhe inrolments for the inrolling and regiftering all deeds and conveyances made in the faid province, and alfo all bills of fale and letters patent, or other ads or matters ufually inrolled, or which by the laws of that province mould be directed to be in-rolled. It feems rather ftran^e to talk of matters A r , on the id- ttfually inrolled in a province which hitherto accurate i i i j M *. r v r u wording o had had no civil government in it mice its IUD- the pa nt Z z jeclion r 362 i jecYion to the crown of Great-Britain. But fuch are the words of the patent ; by which you may fee how negligently matters of this kind were tranfacted. A power ^ thefe four offices were eiven by this pa- was given in the pa- tent to the faid gentleman to hold during his tenttoexe- r . . cute the natural lire, with a power to execute them by one or more Sufficient deputies, who mould refide in the province, and for whom he mould The ere, be anfwerable. And, accordingly, Mr. Ellis according- f oon a f ter farmed them all out to a deputy, ly, farmed . * J out to a (who was refident in this province,) for the * fum of 300 fterling a year. year. Of the fees The c i au f e about the fees to be taken in thefe to be taken in thefe offices feems to be lefs liable to exception than the ciaufe upon that Subject in the commiffion of the provoft-marmal j becaufe it feems rather to refer to fuch fees as mall be thereafter efta- blimed in the province by fome Sufficient autho rity, (it does not fay, by what authority j) than to authorize the patentee to take the higheft fees he can find to be taken in the like offices in any of the provinces of North-America, as is done in that other patent. Yet the words of it are. f 363 ] are much too vague and uncertain, as I believe you will reauily agree with me, when I repeat them to you. They are as follows. " With all The C ^ J ^ the falarieS) fees, profits, perqui fifes, find ad-van- tjnt reiac- tages what/bever to the jaid offices and places., or j-fj any of them, jointly or federally m any wife be- longing, or which are or JJoall be eftablifoed, or allowed, for, or in refpeSl of y the exercife, or execution of the (aid offices and places re/petftvefyy in as full and ample manner , to all intents and purpofeS) as any other fecretary^ or clerk of the council^ of any of our provinces of North- America does hold and enjoy ^ or of right to hold or enjoy , the fame T You fee here another inftance of negligence. The two other offices, of com- mtffary of the Jlorcs^ and clerk of the inrdmcnts of deeds and conveyances t are intirely omitted in this claufe concerning the fees and perquifites, FRENCHMAN. Indeed this feems to be a ftrange omiflion : and with refpect to the fees to be taken in the two offices of fecretary of the province and clerk of the council, it feems doubtful to me ^J*"^ whether this claufe (which, thoueh very ver- cerningthe . J meaning of bofe, is wonderfullv obicure,) was not intended the faia Z Z 2 tO Ci " U1& t 364 ] to give the patentee a right to take all the fees that were taken by perfons who held the fame offices in any of the provinces of North-Ame rica, and alib to take fuch other fees as mould be eftabliflied, or allowed, in this province for other matters that might not be tranfacted in other provinces, or for which, (if they were tranfaded there) it might happen that no fees were taken. ENGLISH M AN. Perhaps this may be the true meaning of thefe words. But it is certain they are much too vague and obfcure, and mew that very little regard was paid, at the time of granting that patent, to the convenience and circumftances of the inhabitants of this province, or to any thing but the intereft of the patentee. Accordingly you well know that the fees of the office of fecretary of this province and of the office of clerk of the inrolments, or (as it is more fre quently called,) of regifter of the province, have been much complained of by the Cana dians, as intolerably heavy, FRENCH- t 365 ] FRENCHMAN. Oh ! imperially, and mod iuflly : for they were often found to be much too large for the abilities of us poor Canadians. But I hear that thefe offices are now going to be put under a better regulation by the care and direction of our governour, general Carleton. Pray, is this true ? ENGLISHMAN. It is. General Carleton, having been much The afore- affeded by the frequent and loud complaints wer eab0- made to him by the Canadians againft the fees ^^ by taken in thefe and the like offices, and finding Qyebeck- a.ct that no redrefs could be given to them by his authority as governour of the province, by rea- fon of the permanent intereft which the holders of thefe offices had in them for their refpective lives by thefe patents under the great feal of Great-Britain, did, when he was lately in Eng land, recommend it ftrongly to the king s mi- nifters of ftate, to procure thefe patents to be abolifhed, and give the patentees adequate pen- fions for their lives in lieu of them. And this ^vholejfome advice has been taken, and the thing I 366 } done, though in a manner which was not quite confident with the refpect that was due to the two houfes of the Britifh parliament. FRENCHMAN. Pray, what was the manner of doing it ? re: ft wa s a manner of proceeding that you would iu.c manner of never have thought of for fuch a purpofe. It abolition, was by drawing in the Houfe of Commons and Houfe of Lords to abolim thefe patents under the great feal of Great-Britain by three or four general words in a claufe of the Quebeck-bill, without knowing what they were about, or that fuch patents were intended to be abolifhed, or that the patentees had confented that they ihould be abolimed. or had received fatisfaclorv com- * j penfations for the abolition of them, or, per haps, that any fuch patents had ever been granted. The preamble to the fecond great enacting claufe of the Quebeck-bill flates, " that the provifions made for the government of the province of Quebeck by the royal pro clamation of October, 1763, and the powers god [ 3 6 7 I and authorities given to the governour and other civil officers of the faid province by the grants and commiffions iffued in confequence of the faid proclamation, had been found, upon ex perience, to be inapplicable to the ftate and circumftances of the faid provinces j" and then the faid enacting claufe enacts, " That the faid proclamation, fo far as the fame relates to the faid province of Quebec!;, and the commiffion under the authority wherecf the government of the faid province is at prefent administered, and all and every the ordinance and ordinances, made by the governour and council of Quebeck for the time being, relative to the civil govern ment and adminiflration of juftjce in the faid province, and ail commiffions to judges and other officers thereof, be revoked, annulled, and made void, from and after the flrft day of May, one thoufand, feven hundred, and feventy- five." In this claufe, under the words " other officers thereof" come our friends the provoft- marmal and that multiform officer, the fecre- tary of the province, clerk of the council, clerk of the inrolments, and commirTary of the flores, and another patent-officer of lefs importance, called tbe naval officer. But, I dare fay, very few r 368 few members of either houfe of parliament fufpected that any of the commiffions hereby vacated were beneficial patents for life under the great feal of Great-Britain. They would otherwife, moft certainly, have inquired whe ther the patentees of fuch offv were con tented that their patents fhould l^ , seated, and were fatisfied with the comperifations they were to receive in lieu of them. But no 1 uca inquiry was made, and not a word was faid about them. It is true indeed that one of thefe patentees, Mr. Turner, the provoft-marfhai, died juft a little before the Qnebeck-bill pafled, bur, (if I remember right,) after it had been brought into the Houfe of Lords. But the other two, that is, the fecretary of the province, and clerk of the council, &c. who was one Mr. Roberts,, (governour Ellis, the original patentee of thefe offices, having refigned them fome years before,. upon a private agreement with Mr. Roberts, and a new patent for them, under the great feal of Great-Britain, having been granted to the faid Mr. Roberts,) and the naval officer, were ftill alive. Yet no information was given to either houfe of parliament that fuch officers were either dead, or alive, or had refigned their offices^ offices, or confented that they fhould bz abo- lifhed in confequence of reafonable compenfa- tions received, or to be received, in lieu of them, nor even that fuch offices had ever been granted for life by patents under the great fealj but they were artfully drawn in to abolilh thefe patents, without knowing it, under the general words above-mentioned, " other officers thereof " Now this I confider as a great indecorum, in the conduct of the perfons who framed and brought in that bill, with refpect to both houfes of parliament. F R E N C H M A N. A very great one indeed ! and fuch as I fhould never have fufpec~led1 I hope, however, that the patentees had reafonabie compenfations made them in private for the lofs of their offices, tho I think it was originally wrong to grant them fuch offices* ENGLISHMAN. I ha?e been well aflured that the faid fecre- tary of the province, and clerk of the council, and the faid naval officer have, both of received ample compenfations for the A a a lofs [ 37 ] lofs of their patents : fo that the proceeding has not been injurious to them, though juftly liable to cenfure on account of its difrefpect- fulnefs to the two houfes of parliament. But I hope you now conceive the objections which the Americans entertain againft the lucrative places in their refpeclive provinces, which are granted for life to perfons refident in Great- Britain, and executed in America by deputies > and why I wifh to fee thofe grants aboliflied. FRENCHMAN. I conceive thofe objections moft clearly; and I think them very juftly founded ; and therefore join rnoft heartily with you in your propofal of abolishing thefe grants, which would, doubtlefs, give great pleafure to the The afore- Americans. And I further think that it would faid civil . , t offices be proper to take care never to give more than ought to be Qne thefg O fg ces to one perfcn, even when given to kparate they are given (as, we before agreed, they ought officers, re- ? , r ri - u fident in to be) to perfons refident m the provinces where are held, anc * w i tnout a Pwer of appoint- which they j n g a deputy, except in certain extraordinary and not fe- cafes, and then with the governour s licence. to ^ r furely an office is more likely to be well one man. f XeCUted> t 37i J executed when it is the only office of the perfon who holds it, than when it is one amongft many that are enjoyed by the fame man, and can therefore claim only a part of his time and attention. Not to mention that the monopoly of offices under government is always odious in itfelf, (even if the duty of them were to be perfectly well executed,) and gives room to envy and difcontent. Your obfervation is perfectly juft. And I therefore fhould be glad to fee a provifion made by authority of parliament that no two of thefe places mould be held by the fame perfon. I am Mod of alfo inclined to think that moft of thefe offices mould not be given away by his Majefty s own appointments, but by thofe of the governours of the feveral provinces to which they belong ; be- vinces/and caufe thefe governours are much more likely r by the to know who are the fitted perfons, refident in their refpeclive provinces, to diicharge the duty of thefe offices, than his Majefty s fecretaries of ftate, or other minifters of ftate, in England, upon whofe recommendations his Majefty s own appointments to offices are ufually made. Aaa 2 But, f 37* t But, when once thefe civil officers were ap- fhould not 1,1 i t be liable to pointed by the governours, it might be expedi- ent ^ at t ^ ie y ^ nouW hold their places with fome pended, by degree of indcpendancc on them, and not be thegover- r nours a- liable to be either remove J irom their offices, or by"the go- Tufpended from the exeraie of them, at the v< ;j-nours pleafure of the faid goveruours alone, but only confentof by an order of the governour and council of the maiori- , . . . . , ~ ty of the eac " province conjointly, by a concurrence of councils of a majority cf the whole number of its members the provin- J * ces, or by with the governour, or by his Majefty s own the king in ..... ., his privy order in his privy counciu council. The fees to And, as to the fees to be taken by thefe betakenfor the future officers, they ought to be fettled by the aflemr offidrf bfe of the feveral provinces in which they are faded b t0 k P a ^ J ^ e y bein S a * rt ^ tax u P on the aflem- people. blies of the provinces. FRENCHMAN. Of the Tliis would certainly be a very iuft and fatif- compenfa- J J J tions to be factory regulation with refpecl to the Americans. patentees But would not the compenfations that muft be 8^ ven to t ^ ie patentees for the lofs of their offices, amount to a confiderable turn of money per annum ? And out of what fund ought they fc> be paid ? ENG- { 373 1 ENGLISHMAN. As the defign of fuch a meafure would be to promote a reconciliation between Great-Bri tain and her American colonies, (which would be an event of the utmoft advantage to Great- Britain,) I would have thefe compenfations to the patentees charged on the revenue of Great- Britain. What they would amount to, I cannot fay with any certainty. But I mould think they could not exceed twenty thoufand pounds fterling per annum while all the patentees remain alive j which, though it is a conliderable fum of money, will make but a fmall part of the firft year s ex pence of the civil war we feem likely to enter into with thefe colonies. And in a few years itwould be annihilated by the deaths of thepaten r tees. That confideration therefore ought to be no objection to this meafure, if in other refpects it deferves to be adopted. What I therefore The whole 11 r i f i /~L / i -- i reulation would propoie upon this lubject, (to bring the whole into one view 5) is as follows. jetf, In the firft place to require the feveral perfons who have patents under the great feal of Great- Britain for their lives, or during their good be haviour, of any of the following places in any of the Britifh colonies or provinces in North- America, f 374 j America, or the Weft-India iflands* to wit, the place of fecretary of a province, or clerk of the council of a province, or clerk of the inrol- ments of deeds and conveyances, o; commiflary, or fteward, of the provifions and f lores of the king s forces in the fame, or provoft-marmal, or fheriff, of the fame, or naval officer of the fame, or coroner of the fame, or reglfter of the court of Chancery in the fame, or clerk of any court of juftice in the fame ; or of any other civil employ ment in the fame, by virtue of which fees are taken from the inhabitants of the faid province; to deliver in upon oath to theBritifhHoufe of Com mons an account of the profits they have re ceived from their faid offices refpeclively during the lafl feven years, and to fet forth the feveral particulars from which thofe profits have arifen^ as well as they are able, and the rents at which they have let their offices to farm to their feveral deputies, and to give full arffwers to all queftions that mall be afked them by any members of the Houfe of Commons concerning the faid offices. Secondly, After this inquiry into the nature and profits of thefe offices, to pafs an act of parliament to vacate all the faid patents and fettle { 375: I fettle upon the feveral patentees penfions for their lives, payable out of the finking fund, producing, (clear of all taxes and other de- du&ions,) fums equal to the yearly value of the rents received by the feveral patentees, from the deputies who have farmed their offices of them, upon an average during the laft fevea years. Thirdly, To enact in the fame aft of par liament, that the faid offices fhali never more be granted to any perfons for their lives, nor with a general power to execute them by deputy, but fhall be given only to perfons refiding in the province, without any power to appoint a deputy, unlefs in cafe of grievous ficknefs, and then with the governour s licence, and for a term not exceeding three months. Fourthly, To provide in the fame ad that no fees fhall be taken for the future by the perfons who fhall be appointed to the faid offices, but fuch as fhall be appointed and al lowed by the general afTembly of the province in which they are to be paid. 376 J Fifthly, To provide in the fame aft that no two of the faid offices (hall, under any pretence whatfoever, be holden by the fame perfon ; and, confequently, that the acceptance of a fecond office by a perfon who is pofTefled of one of thefe offices before, (hall operate as a refignation of the firft office. Sixthly, To provide in the fame aft, that the offices of fecretary of the province, clerk of the council of the province, regifter of the court of Chancery, clerk of the inrolments of deeds and ccpnveyances, provoft-marmal, or fherifF, and coroner, in every province, mail be granted by the governour of every pro vince by a commiffion under the publick feal of the fame, of which he (by his com million of governour) is the keeper; and that they fhall hold their faid offices without being liable to be either removed from the fame, or fufpended from the exercife of the fame, by the governour of the faid province alone, but fhall be liable to be removed therefrom by the governpur and the council of the faid province conjointly, pro vided that a majority of the whole number of the members of the council, (including the bfent members as well as thofe that are prefent,} [ 377 1 {hall concur with the governour in fuch a mo* tion ; and likewife they (hall be liable to be removed by the king s majefty by his order in his privy-council. Seventhly, To provide in the fame act for the appointment of the other officers of the province, who perhaps ought not to be ap pointed by the governour. I am inclined to think that the clerks of the feveral courts of juftice ought to be appointed by the judges of thofe courts, or the chief juftice of each, as is the practice in England ; and that the receiver- general of the revenue, and the collector and comptroller of the cuftoms, and the naval officer, ought to have no fort of dependance on the governour, but to be appointed by the king himfelf, or the lords of the treafury. or fome other of his Majefty *s rniniftefs in England. But, whether thefe opinions are well or ill founded, at leaf!: it ought to be clearly afcer- tained in the act, by whom thefe other officers Should be appointed, and with what tenure in Jheir offices ; to the end that all future nbufes snaj be prevented. Bbb Eighthly, [ 378 ] Eighthly, It fhould be provided in the fame act, that no place, or office, in any of the co lonies, or provinces, of North-America or the Weft-Indies, mould upon any occafion, or un der any pretence, be granted in reverlion j as nothing can be more abfurd and liable to abufe than this practice of granting places in reveriion. And, ninthly, It mould be provided in the fame aft, that no place, or office, whatfoever in any of the faid colonies, or provinces, mould be granted even in pofleffion to any perfon un der the age of five and twenty years : becaufe the giving employments of confequence to boys, or very young men, through favour, very much degrades the dignity of government. You now fee in one view the whole of what occurs to me as fit to be done upon this fubject of the lucrative offices in America, in order to give the Americans fatisfaction. FRENCHMAN. I underftand your propofal perfectly, and ihtireiy approve it. It would be doing for all the colonies in America and the Weft-Indies in a publick, deliberate, authentick manner, with [ 379 1 with the confent and fatisfaction of all the parties concerned, what has been done already, (though in a clandeftine way,) by general Carleton s good advice, with refpeft to this province of Quebeck by the claufe in the Que- beck-ac~t which abolifhes the patent-offices above-mentioned. And it would add to that meafure, (which, I hope, will prove beneficial to this provincej) many other regulations con cerning the civil offices held in America, which have not been made in this province, but which feem necefTary to prevent other abufes and com plaints with refpect to them j more efpecially the fettlement of the fees to be taken in them, by the arTemblies of the provinces in which they are to be paid. Nothing can be morejuft End of the than this, nor tend more to give the Americans, donofthe fatisfadion. lucr f tive civil offices But, I think, you mentioned fome other whiST"" articles, in which you wifhed Great-Britain to f xccuced J by deputy. make fome condelcenfions for the further gra tification of the Americans, and particularly with refpecl: to the quit- rents paid to the Crown or . the T_ 1 c i i T 1 quit-rents by the owners or land in America. : 1 beg you due 10 the Would inform me what thofe quit-rents are, and what you would wim to fee done with them. America, Bbb 2 ENG- r -380 i L. *J wl ENGLISHMAN. That I can eafily do, as the fubjed: lies in a very narrow compafs. You muft know then that in all the Englifh provinces in North- America, except Penfylvania and Maryland, the lands are all holden immediately of the king, without any intermediate lord, or feignior. And they are almoft all (for I believe there may be a few exceptions,) obliged to pay him a very fmall yearly quit-rent for the lands they fo hold of him, by virtue of a refervation of fuch quit-rent in the original grants by which they hold them. This quit-rent is ufualiy only two fhillings fterling, for every hundred acres of land, which is nearly one farthing per acre, that is, (in your money,) about half a French fol per acre. This is certainly a very eafy f j * quit- rent: but, eafy as it is, I am told, it is very negligently paid, and fometimes com plained of by the Americans. It is faid to pro duce to the Crown about fifteen thoufand pounds per annum j; which is the quit-rent due, (accor^ ding to the foregoing rate,) upon fifteen millions of acres, one .million of farthings (which is the rent due for one million of acres,) being nearly -fl3lO/l }/ O J equal [ 3 i 3 equal to a thoufand pounds. Now the Ame- Complaints ... , . . of the Ame ricans are apt to complain that this money is r j c ans con- carried out of their country for nothing, and ferves only to fill the king s privy-purfe, with- rents out producing any benefit to the induftrious. land-holders who pay it; whereas it ought, fay they, in point of juftice, to be fpent ia America, in the provinces in which it refpectively arifes, in matters of publick benefit to the in* habitants of the faid provinces, as for inftance^ in paying the governours and judges, and other.. officers of civil government, in them. This may, perhaps, be too rigid a way of realonipg upon this fubject j fince it feems to be as rea- fonable that the Americans mould contribute fomething to the king s privy purfe and houmold . expences as that their fsllovv-fubjecls in Great-. Britain mould do fo j and thefe quit-rents are a very ealy contribution for that purpofe. But, A propofal in order to remove every ihadow of injuftice, ^"T T 2 and every poffible ground of complaint, upon quit-rents, i r i i r iii i i with a view this lubject, 1 would have the king give up . to the iatif- thefe quit-rents and all other royal dues he may fjjf be intitled to receive in America, to the feveral provinces of America in which they arjie, to be applied to publick ufes in the faid provinces, fuch t 382 ] fuch as the payment of the falaries of the go- vernours and judges, and fherifTs or provoft- marfhals, and coroners, and other officers of juftice and civil government in the fame, fo as to lefTen the taxes which it might be necefTary for the governours, councils, and alTemhlies of the faid provinces, refpeclively, to lay on the inhabitants of the fame for the faid purpofe. And, when this was done, inftead of having a perfon refident in England appointed to be the receiver of all the king s quit-rents in America, (as has hitherto been the practice,) a feparate receiver and collector of the faid quit-rents and other royal dues, {hould be appointed in every feparate province, either by the king s, majefty, Or the governour of the faid province, who fhould hold his faid office only during his refi- dence in the faid province. But, as it is indif- putably his Majefty s prerogative to fettle the proper falaries and rewards of the officers of civil government in all the dominions of the Crown, the portions of the amount of thefe quit-rents in every province that fhould be affigned to the governour and judges and other publick officers in the fame, fhould be fuch as his Majefty, in his royal wifdom, fhould think fit to appoint. And And it mould be provided further, That no governour, judge, or other officer of the civil government of any of the faid provinces in which fuch quit-rents fhould be paid, mould receive any part of the falaries arifing from thefe quit-rents, or other royal dues, during the time of his abfence from the faid province, or (after his return to the province) in con- fideration of his having held the faid office during fuch abfence; but that fo much of his faid falary (ariling from the faid quit-rents and other royal dues,) as would have accrued to him in the faid fpace of time, if he had redded during the fame in the faid province, {hall be deemed to be forfeited by his faid abfence, and hall make a part of the publick treafure of the province, and be difpofed of by the joint act of the governour, council, and aiTembly of the (kid province. By means of this provision it would become difficult to convert the offices of governour, chief juftice, and the like, into finecure places far psrfons refiding in England, while the duty of them mould be executed by lieutenant-go- ycrnours, or puifney judges, or other deputies T tf* 1 L J - T J or fubftitutes ; as was the cafe a few years ago with the office of governour of Virginia, after the inhabitants of that province had, in their general affembly, granted a handfome perma nent falary of ^.3000 fterling a year for the fupport of it, and as is now the cafe with the offices of governour of the ifland of Guernfey and of governour of the ifland of Jerfey on the coaft of Normandy, much to the diffatisf action of the poor people of thofe iflands, who have no means of getting this matter redreffed. And yet, you will obferve, this provifion would leave a pofll- bility of a governour s, or other civil officer s, being abfent from the province, during a rea- fonable time, for forne juft and urgent reafon, without lofing this portion of his falary ;. becaufe it would be in the power of the aflembly to make him a grant of the faid portion of his falary after his return to the province by con curring in a joint act for that purpofe with the governour and council of the province. The receiver of thefe quit-rents fliould not be removed from his faid office at the pleafure of the governour alone, but only by the go vernour and council of the province conjointly, by [ 385 I by the concurrence of a majority of the. whole council (the abfent members included) with the governour, in fuch a motion, or by the order of the king himlelf in his privy council. And. to prevent any objection that might be TIie *- t/ c t, c mount of made to this appropriation or the quit- rents of the faid America to the publick ufes of the feveral pro- "1^,! vinces in which they are paid refpeclively, made good 1 T c il ri r tO the kin S which might anfe from the consideration of out of the its cauiing a diminution of his Majefty s reve- nue, I mould be glad to fee the whole fifteen tain *- thoufand pounds per annum, to which they are faid to have amounted, or the whole fiim, (whatever it be,) to which they did amount in any one year iince they have been eftablimed, made good to his Majefty out of the revenue of Great- Britain. This would be a great con- ceffion from Great-Britain to the American colonies, but fuch as it would be very well worth her while to make for the fake of a re conciliation with them. It would be a gift to them of lefs than the annual intereft of half a million of pounds fterling, that is, in all pro bability, of only one month s expence of the approaching moil deftrudlive civil war, Ccc FRENCH- FRENCHMAN. I intirely approve this propofal, which, if not a matter of juftice with refpedt to the Ame ricans, upon the fuppofition that thofe quit- rents were originally referved for the purpofe of maintaining the civil governments of the feveral provinces in which they arife, (which feems probable) is, at leaft, a very prudent piece of generality, and is excellently well cal culated to remove that jealous apprehenfion which you reprefented the Americans to be pofTerTed with, that the governing powers in Great-Britain were perfectly indifferent to their welfare and fatis faction, and difpofed to con- fider and treat them only as a fund for increa- ing the revenue of the Crown and the means of gratifying its favourites with penfions or fine- cure employments. To remove this ugly fufpi~ cion I take to be a matter of great importance in the prefent alarming crifis, and almofl: as neceflary as to guard againft more fubftantial grievances. ENG- t 387 ] ENGLISHMAN. Your remark is very juft, and agrees with Of the ne- i r . , i . ceffity of what was laid not Jong ago by that great mi- recovering nifter of ftate, the Earl of Chatham. He told th S d will and the Houfe of Lords in a debate laft winter upon confidence the prefent ftate of America, that they mud rkans. not only repeal fome of the obnoxious ads of parliament which they had lately palled againft the Americans, (and particularly the Bofton- charter ad and the Quebeck ad,) but they muft repeal the animcfity that fubfifts between, the people of the two countries, which thofe ads and the other meafures of Great-Britain with refped to America had given rife to, This has generally been- thought to be a very wife and true faying of that great man, and to have been exprelTed with his ufual happy energy of didion. And it is in purfuance of the whol- fome advice it contains, that I could wiili to fee the above conceflions made by the Britifh government to the Americans as a proof that they had repealed fome of their own animofity againft the Americans, and an inducement to the Americans to repeal fome of theirs againft Great- Britain, Ccc 2 FRENCH- f 388 1 FRENCHMAN. Of otTief* j OD ferved that, betides the quit-rents due royal dues inAmerica, to the king from the proprietors of land in quit-rents. America, you juft now mentioned fome other royal dues there. Pray, what are thofe other royal dues, which you would have to be given up by the Crown for the benefit of the provinces in which they arife ? Are there many of them,, and of any confiderable value ? ; i i t i < I - ) ENGLISHMAN. I believe there are very few, if any, fuch other royal dues, except the fifth part of the gold and filver which may be found in any mines there. And no fuch mines have hitherto been difcovered. But, as I am not fufficiently informed of all the royal rights in America, I added thofe words concerning other royal dues there, in order to comprehend all fuch profits arifing in America, and efpecially in North- America, as may be found to belong to the king alone, fo as to be wholly at his Majefty s difpoial, in contradiftinclion to fuch revenues, arifing in the faid country, as may be already appropriated, [ 389 1 appropriated by the Britifh parliament, or by the affemblies of the provinces in which they arife, to fome publick ufes. For all profits of the former defcription, (or that are intirely at the king s difpofal) are, (in my eftimation,) of the nature of quit-rents, and mould be furren- dered up, as well as the quit-rents, to the pro vinces in which they respectively arife, to be there applied to publick ufes for jhe benefit of the laid provinces. And, indeed, it would be a confiderable im- Of the duty r i r i T i r of four and provement or this propoial, if the four and an a half per half per cent, duty upon fugars and other com- ""the* 1 modifies exported from feyeral of the Weft- Crow n up on goods India iflands, which is now paid to the Crown exported and difpofed of intirely at the pleafure of the Crown, were in like manner to be given up to ?? dl J the feveral iflands in which it is paid, to be therein applied (as it was originally intended to be applied) to the maintenance of the civil go vernments of the faid iflands or to other publick ufes for the benefit of the fame. But this, though in itfelf a juft and proper meafure, does not feem to be neceffary towards the prefent object of a reconciliation between Great-Britain and the provinces of North- America. FRENCH- [ 39 s I FRENCHMAN. Though fuch a meafure may not be abfb- lutely neceffary to a reconciliation between Great-Britain and North-America, yet furely this is a moft convenient feafon for rectifying every publick abufe relating to every part of America. I therefore beg you would explain to me what this four and a half per cent, duty is, how it was originally created, and to what pur- pofes it is ufually applied* ENGLISHMAN. I am afraid I mall not be able to give you all the fatisfaction you may defire upon this fbbject, not being perfectly acquainted with it myfelf in all its circumstances. However, I will endeavour to give you all the information- I have myfelf received upon it, and which is principally derived from an account which I have feen of a famous action at law which has lately been decided by the court of King s Bench in England. This action was brought con cerning the payment of this duty of four and a half per cent, upon all dead commodities ex ported [ 39* 3 (ported from the newly-ceded French Ifland ^o was made Grenada in the Weft-Indies, in which a ftrange in the year attempt had been made in the year 176410 impofe it on the inhabitants by means of the king s prero- f gative alone, without the interpolation of either ofthecon- the Britifh parliament, or the affembly of the j^a of freeholders of the ifland. This caufe is ufually y re t n h a e da called the cafe of Campbell and Hal/, from the king s pre- names of the plaintiff and defendant in it. It was finally determined on the 2 8th of laft No vember, 1774, by Lord Mansfield, the chief juftice of the King s Bench in England, and Mr. Juftice Afton, Mr. Juftice Willes, and Mr. Juftice Amurft, the three other judges of that court, in favour of the plaintiff Campbell, who had been illegally compelled to pay this duty upon a certain quantity of fugar which he had exported from Grenada. This duty In the courfe of this caufe it appeared that paid for the faid duty of four and a half per cent, had ^^^ been paid to the Crown for many years paft in y ears P aft . . in the Lee- the ifland of Barbadoes and in the Leeward ward Ca- Caribbee iflands, that is, in the iilands of Nevis, [flaads, i n Saint Chriftopher, Antigua, and Montferrat, by c ^ e c " e of virtue of ats of affembly paffed in the faid grants ... made of it lllandS by the af- femolies of thole iilands. 39 2 ] iflands refpe&ively ; the occailons of paffing which were as follows. An account The ifland of Barbadoes in the Weft-Indies 01 the granting of had been granted away by letters patent under by the"*- the great feal of England, (while it was yet uncultivated and unpeopled, except by its few original inhabitants, the wild Caribbees,) by king Charles I. in the peaceable part of his reign, (or before the great civil war in England,) to the earl of Carlifle of that time, to be held and enjoyed by him, the faid earl of Carlifle, and his heirs and affigns for ever, of the king of England, and his heirs and fucceflbrs ; much in the fame manner as the country of Mary land in North- America was granted by the fame king Charles in the year 1632 to the lord Balti more, and his heirs and affigns, and Penfyl- vania was granted by .king Charles II. in the year 1682 to William Penn, the Quaker, and his heirs and affigns. And the faid earl of Carlifle was impowered, in the faid royal grant, to under-grant parcels of land in the faid ifland to other perfons, to be holden by them and their heirs and affigns for ever, of the faid earl, ^M his heirs and affigns ; as was the cafe with the faid [ 393 ] faid lord Baltimore and William Perm, who had the like power given them, in their re- fpedtive royal grants, to make under-grants of parcels of the land that had been granted to themfelves, to other perfons and their heirs, to be holden of themfelves. By virtue of this power of under-granting the lands of Barba- does, the faid earl of Carliile did grant away divers parcels of land in that ifland to fuch per fons as were willing to undertake the cultivation of them, referving to himfelf fuch rents and payments as he thought proper ; of which a payment of forty pounds of cotton per head feems to have been the moft important. But fome of thefe grants were afterwards loft ; and others of them were improperly exprefied, through the ignorance of the perfons who were employed to draw them, fo as often to want legal and fufficient words to create eftates of inheritance to the grantees and their heirs : and others of them were never recorded in the publick records of the ifland, as they ought to have been : fo that the titles of the perlbns who held lands in the faid iflands by virtue of thefe grants became, in the courfe of a few- iSj extreamly dubious. And other perfons, D d d during [ 394 ] during the confufed times of the civil war, (which came on a few years after the making of this grant to the earl of Carlifle,) occupied and cultivated lands in the ifland without ever having had any grants of them at all from the earl of Carlifle, or his heirs, or affigns. This created a good deal of confufion and uneafinefs on the iiland about the year 1660, or 1661, foon after king Charles II. had been reftored to the throne of his anceftors j as a remedy to which the following courfe was taken. The king bought in, of the heirs of the faid earl of Carlifle, all the rights that had been granted to the faid earl in the faid ifland by the aforefaid patent j and, being thus inverted with the pro perty of the faid ifland, (fo as to be the imme diate upper lord, of whom all the lands in it were holden,) as well as the right of governing it, he gave a commiflion under the great feal of England in the month of June in the year 1663, that is, about three years after his refto- ration, to Francis, lord Willoughby of Parham, to be captain-general and governour in chief of Barbadoes and of all the Caribbee iflands, with full power and authority to confirm, and affure to the inhabitantc of the fame, and their heirs [ 395 1 heirs for ever, all the lands and tenements, to which they had a reafonable claim from pof- feffion, or otherwife, under his Majefty s great feal appointed for Barbadoes and the reft of the Caribbee iflands, notwithstanding the legal im perfection of their titles to them. In purfuance of this power, granted to the faid lord Willoughby by his faid commiffion, that nobleman confulted with the council and aflembly of the faid ifland of Barbadoes, how to remedy the evils arifing from the prefent imperfect ftate of the titles of the inhabitants to their lands, and likewife from the tenures and fervices by which thofe lands were held : and it was agreed amongft them ; in the firft place, that all the lands of which they were then in quiet poffeffion, fhould be holden by them for the future of the Crown, to them and their heirs for ever, in the fame manner as if they had had regular and proper grants, duly recorded in the proper offices, to mew for them j and, in the fecond place, it was agreed that the aforefaid payment of forty pounds of cotton per head, (which had been found to be a heavy tax upon the firft fettlers there,) Ddd 2 fliould t 396 mould be abolifhed ; and that all other rents and payments which had been referved by the earl of Carlifle, or under the authority of his patent, fhould alfo be abolifhed, and all arrears of them remitted to the inhabitants j and that their lands mould for the future be holden of the Crown without any other rent than one car of Indian corn to be paid every year, for every parcel of land holden in the faid ifland, at Michaelmas, if then lawfully demanded ; and in the third place it was agreed, that a duty of four and a half per cent, mould be paid to the king, and his heirs and fucceffors for ever, upon all dead commodities of the growth and produce of the faid ifland of Barbadoes that mould be fhipped off the fame. And thefe refolutions were drawn up into the form of an aft of affembly of the ifland of Bar badoes, and paffed by the faid lord Willoughby, the governour, and the council and affembly of the faid ifland in the month of September, 1 663. The claufe The claufe in this act of affembly which grants f the af- me a ^ ore ^ a ^ duty f f ur an ^ a half per cent, fembly of upon all dead commodities fhipped off from the Barbadoes by which ifland, this duty of four and a half per cent, was granted to the Crown. [ 397 I ifland, is in thefe words. " And, fora fmufb as nothing conducetb more to the peace and prof perity of any place, and the protection of every Jingle perfon therein, than that the publick revenue thereof may be in fome mea/ure proportioned to the publick charges and expcnces ; and alfo well weighing the great charges that there mujl be of necej/ity in the maintaining the honour and dignity of his Majejlys authority here ; the publick meet ing of the J e/Jions ; the often attendance of the council , the reparation of the forts; the building a je/Jions houfe and a prifon ; and all other publick charges incumbent on the government : WE DO, in confederation thereof] GIVE and GRANT unto his Majefly, his heirs and fuccefjors, for ever, and do mofl humbly defire your Excellency to accept thefe our grants : And ive humbly pray your Excellency that it may be enabled: AND BE IT ENACTED, by his Excellency, Francis, Lord Willoughby, of Par ham, captain general and chief governour of this ifland of Barbadoes and all other the Caribbce iflands, arid by and with the confent of the council and the gentlemen of the ajjembly, reprefentatives of this ijland, and by authority of the fame, That an impojl, or cuflom, be, from and after the publication hereof^ railed *s [ 398 ] y&lfid upon the native commodities of this ifland, after the proportions and in manner and form as is hereafter fet down and appointed, that is to fay, upon all dead commodities of the growth or produce of this ijland, that flail be flipped off the fame, flail be paid to our Sovereign Lord the King, his heirs and fucceffors for ever, four and a half in fpecie for every jive fcore" of the manner or pairing bills ads of affembly for impofing taxes on the people ing money of this ifland to be the fame as, in the former erownboth P art ^ our conver ^ at i n j I informed you was in Barba- u f e d for the fame purpofe in the Britifh par- does and in Great- Lament, to wit, tnat or a girt and grant made to the king from the reprefentatives of the people, in behalf of the people, and confented to by the council of the province, and accepted by the governour in behalf of the king, and afterwards enacted as a law, or ordained by words of an imperative and legiflative import, by the joint authority of the faid governour, council, and aflembly, in confequence of fuch previous grant of the aflembly, confent of the council, and acceptance of the governour. This is not an infignificant piece of form : for it [ 399 ] it fhews that all taxes are, by the constitution of the Britifh government in that iiland of Barbadoes, to be confidered as the free gifts of the people, and are therefore to begin in the affembly of their reprefentatives, and ought not to be firft propofed to them either by the governour or the council. The fame obferva- tion is true of the Britifh Houfe of Commons. That great aflembly of the reprefentatives of the people of Great-Britain claims and exercifes talfe their the fame right of originating all bills for im- Houfe of pofing new taxes on the fubjecls of the Crown, Commons, or whereby any money can be drawn from them in any collateral way, however indirect, and makes it a conftant rule to reject every bill for any fuch purpofe, (however reafonable in itfelf, or expedient to the welfare of the king dom, it may happen to be,) that is lent down to them from the Houfe of Lords for their confent. Nay, they carry this privilege ftill further. For, when they have themfelves pre pared a tax-bill;* and fent it to the Houfe of Lords for their confent, they will not permit the Lords to make the fmalleft alteration in it, not even though the alteration mould tend to leffen, inftead of adding to, the propofed tax, cor [ 40 ] nor even though it mould no way affecl: the tar, but be merely a change in fame of the lefs material words of the bill : and, if the Lords attempt to make any alteration in a bill of this kind, it is fure to be rejected by the Commons when it is fent down to them by the Lords for their confent to the alteration. So that the Houfe of Lords can no farther interfere with This rule refpedt to the paffing of tax- bills than fimply " to confent to them or to reject them. Such he* * s ^ e J ea l u fy f ^ e Houfe of Commons with Quebeck- refpect to this important privilege. And yet, moft ftrange as it mud feem, it is neverthelefs true that in the cafe of the Quebeck-bill they departed from this moft facred rule. So great was the infatuation that prevailed at the time of paffing that obnoxious ad ! FRENCHMAN. That is indeed a ftrange event. I fhould have thought that the Britifh* Houfe of Com mons would never have given" f up fo favourite and important a privilege, even for the fake of the moft beneficial aft that could be propofed to them, and much lefs for an act of fo dan gerous, or, (to fay the beft of it,) of fo doubt ful ft:! a tendency as the Qnebeck-ah I beg you would therefore inform me in what manner this privilege of the Houfe of Commons was given up, or departed from, in the paffing of that unhappy act. ENGLISHMAN. It was in truth departed from, but not formally given up : for the majority in the Houfe of Com mons pretended that it was not affected by the Quebeck-bill, tho no tolerable anfwer was ever given to the objections made to the.biil upon this ground byMr.Charles Fox, which were ftated and urged by him with all thatclearnefs and jftreiagth of reafoning for which he is Co eminently di- lliflguiflied. The wh6le proceeding was as follows. The Quebeck-bili (for what reafon _ 1.1 .. " i . - I never could learn,) was begun in the Houfe begun i of Lords, where it is faid to have beer, oppo&d by only a few of the temporal lords, but not at all by the biihops, notwithftanding it efla- popery throughout the province of Que~ an 7 . . 111 . . t /i , 1 fitior* front beck, by giving the pnelts a legal right to their tythes, and at the fame time extended the pro<- vince tofo great.ade2i-ee as to comprehend rnor/e , > . , . popery than naif .the king s dooiinioBS in .America., thro, -. half E c e throughout f j ca throughout all which extent of country, (hitherto, indeed, uncultivated and unpeopled, but very rich and fertile ad likely hereafter to become exceed ing populous)thepopim religion was confequently to become gradually eflablimed. When it had palled the Houfe of Lords, it was fent down Itmetwith to t ^ e Commons for their confent. In that confulera- bic oppofi- houfe it met with a different treatment. Many Houfe of ver y ftrong objections were very flrongly urged Commons. a g a i n ft ft by feveral gentlemen of great abilities. A tolera- Some of thofe gentlemen objected to the ejla- a- blijhment of .popery by it, when all that was necefTary to be done, either for the performance man Ca- of the capitulation with Sir JefFery Amherft in tholick , r , r mode of September, 1760, or or the treaty of peace in divine wor- p e b ruar y ) 1763, was to tolerate it, or (in the promifed words of the capitulation itfelf,) to permit the nadians by free exercife of the Catholick) Apojiolick^ and latlo? m W " R man region to Jubfift intire, fo that all ranks September, an d conditions of people in tbe towns a?id coim- 1760, and , j-n - , the treaty tries, places, and dijtant pojts> might continue to February 111 a jf em ^ e * n ^ e churches and to Jrequent the fa- cramentty as heretofore, without being molejled in any manner^ direttly or indirettly^ or, in the words of the 4th article of the treaty of peace, (in which this province is ceded to the crown of t 403 ] of Great-Britain,) to permit his Maje/tys new Roman-Catholick fubjefts to profejs the wor/bip of their religion according to the rites of tl* Romi/h church, as far as the laws of Great-- Britain would permit. Now, to (hew that neither of thefe ftipula- tions had the leaft view to any thing more than a mere toleration of the Roman-Catholick mode of divine wormip, will make a remark or two on each of them. As to the foregoing Of the ca- words of the capitulation, they are as clear J ^^ and determinate as words can well be, for the purpofe of expreffing a mere toleration of the modes of divine wormip prefcribed by the Roman-Catholick religion, or an exemption from the Englifh penal laws, which reftrain Roman-Catholick priefts from faying mafs and performing the other offices of their religipn, and Roman-Catholick laymen from afiembling together to hear mafs and receive the facraments of the Church of Rome, and which, (it was . apprehended by the Marquis de Vaudreiiil, the French general and governour of Canada, who demanded this capitulation of general Amherft,) might have been introduced, amongft the other E e e 2 laws [ 404 I laws of England, into this province upon its furrender to the Britim arras, if no iuch article h*;d been inferted in the capitulation to protect the Canadians againft them. Nor do I think it is eafy to make a more exact and proper definition of the word toleration than is con tained in thofe words, to wit, that all ranks of people might ajfemble in the churches, and frequent the facraments^ without any molcflation what jo- ever. But they certainly have not the leaft allufion to a continuance of the cornpulfive, or legal, obligation on the laymen of Canada to pay the priefts their tythes and other dues, or, in other words, to the eflabliflment of the Ro- man-Catholick religion. Not but that the Marquis de Vaudreiiil was defirous of obtain ing even a continuance of the eftablifhment of The efa. that religion. But he made it the fubject of a blifhment " . ofthepo- diltmct demand, which was exprefled in thefe gi^n was" words, " And that the people Jlxuld be obliged, demanded fry fy e QngUJh government > to pay to the priefts French ge- the tythes and all the taxes they were ufed to pay refused by under the government of his Mojl Chri/lian Ma- general jeftv " which come immediately after the words Amhcrfl. J J . above recited. But this demand was as distinctly rejected by the wife and cautious Engli(h gene ral. ral, Sir Jeffery Amherft, who anfwered this and the former demand of a toleration in thefe words ; " Granted, as to the free exercife of their religion. The obligation of paying the tythes to the priejh will depend on the kings plea- Jure" The latter part of this anfwer has been generally undcrftood in Canada (as you know ftiil better than I do,) as a declaration that the people of this province mould not be obliged by the Englifh government to pay the priefb their tythes and other accuftomed dues, until his Majefty s pleafure mould be declared upon the fubjedt j or, in other words, as a fufpenlion of the legal, or compulfive, right of the priefts to demand the faid tythes and dues, until fuch declaration of his Majefty s pleafure ; which royal pleafure was never declared in favour of the payment of the tythes until his Majefty gave his afTent to this Quebeck-aft : info- much that, in the whole fpace of eleven years, that elapfed between the eftablifhment of the civil government of this province in 1764 and the firft of laft May, when the faid Que- beck-acl begun to take place, the priefts of this province have never prefumed to fue for their tythes in any of the higher courts of juftice. juil ice; I fay, in any of the higher courts of juftice j becaufe I have been told that fome fuits for tythes have been entertained by a juftice of the peace, or two, in the diftricl of Montreal, though the like fuits have been dilallowed be fore other juftices of the peace in the diftri6t of Quebeck. But the civil proceedings before the juftices of the peace in this province have been too irregular to deferve any attention. It is plain therefore that the capitulation of September, 1760, gives the Canadians no fort of claim to any thing more than a toleration of the modes of divine vvormip prefcribed by the Roman-Catholick religion. o* Of the to. I am now to examine tne words of the treaty leration of . . . _ .. . n ... theworihip of peace, which are, that his Maje/ty prormjes of the Ro- tQ p erm ; f fo s nsw Roman-Catholick Jubjetfs to tholick re- profe/s the worjhtp of their religion according to *he treaty the rites of the Romi/h Church, as far as the February!" h f Great-Britain will permit: Now, if *7 6 3- thefe latter words, which refer to the laws of England, and which leem to be a limitation of the former, were omitted, this article would only amount to a toleration of the Roman- Catholick t 407 ] Catholick modes of divine worfhip in the pro vince. For what elfe can v be the meaning of a permiffion to profefs the ivorfljip of their reli gion according to the riles of the RomiJJj CJiur-ch? Nothing, lurely, that has the leaft tendency to an eftablijhment of the Romilh religion, or an engagement to ufe the authority of government to compel the people to. pay the priefts their tythes, or other dues, as a reward for teaching that religion, can be inferred from hence, if the words are to be understood according to their known and ufual figniftcation. Bur, jf we consider thofe other words^ which refer to therein the laws of England, as not mere idle words C that are totally deftitute of meaning, but as E having fome reafonable (Unification, we iliali find that it is fr.il! more difficult, (if at all pof- fible to the moft prejudiced perfon,) to conceive that this article of the treaty of peace was meant for the eftabliQiment of popery. For, though Tkis it might be uncandid and unrcafonable on this occafion to interpret the words of reference to iaws Eng the laws of England, to wit, fo far as the aga laws of Great-Britain ivill permit" as if they referred to thofe penal laws of England which anals prohibit the hearing and faying inafs in Eng land ; [ 403 ] land ; (becaufe fuch an interpretation of them would take away the toleration of the Roman- Catholick mode of divine worfhip, which it was the intention of this claufe of the treaty of peace to fecure to the Canadians ;) yet we muft, But to the at lead, underftand thefe words to refer to the tSeof^e g reat ft atute > of the firft year of the reign of iftof queen queen Elizabeth, for eftablimin? the fupremacv Elizabeth, r . for efta- of the crown of England in all fpiritual and fupremac/ eccleiiaftical matters, and aboiiming the pre tended authority of the pope, or bimop of Rome, and abo- and all other foreign juritdiction whatfoever, nd throughout all the dominions of the Crown. aliotherfo- p or t ^] s ft atute cxprefsly declares that the faid reign juni- dktion in foreign jurifdidlion mall be for ever excluded matters, not only from England and Wales, and the .other dominions then belonging to the Crown, but likewife from all the dominions that here after foould belong to it. This therefore feems to be a grand, fundamental, (latute, that was intended to relate to all the dependant domi nions of the Crown, as well as to the kingdom of England kfelfj and toali the future acquiii- tiohs pf he Crown, as well as co the territories that were at that time Jubjc& to it. If therefore ibofe woft& &f the treaty of peace, which refer to [ 49 1 to the permiffion of the laws of England, . are to be fuppofed to have any meaning at all, they muft refer to this important ftatute j which mutt therefore be confidered as being of force in this ,.,11. n r J Thi statute province. And, indeed, this itatute is referred i s acknow- to in the Quebeck-acT: itfelf, as having a relation t ^ g Q U( !" to this province. Now by this ftatute all per- beck-aft fffij itfelf to ions who held places or trull and profit under have a re- the Crown, and all bimops and priefts, or mi- t hepro- nifters of religion, who held any ecclefiafHcal y nc f , f & Quebeck. benefices, were obliged to take the oath of fu- B this fta _ premacy, that is, an oath declaring the king, tute n <> or queen, of England to be the fupream head of hold a be- the Church of England, and abjuring the ^f^ authority of the pope, or bifhop of Rome, and the 0? < th of 11 i_ c - - -rj-n- u .r r frp^^V- all other foreign jurildiction wnatloever in ipi- ritual matters. This oath was afterwards changed for another by a ftatute parTed in the firft year of the rei2;n of kin? William and J , ^ This oath queen Mary, out of regard (as it mould feem,) was after- to the fcruples of forne pious and well-meaning Changed proteftants, who (though willing enough to intoancat h , a ofabjura- abjure the authority of the pope, and all other tion of the foreign jurifdiclion, in fpiritual matters) yet did not think it right to acknowledge the king, or any perfon but Jefus Chrift himfelf, to be the fupreme head of the Church. In compliance Fff with with thefe perfons, a new oath was prefcribed to be taken, which contained all the words of abjuration of the pope s authority and all other foreign jurifdiclion, which had been in the former oath, but was without the poiitive words in the former oath which declared the king, or queen, of England to be the fupream head of the Church. And this new oath was directed to be taken by all thofe perfons who would otherwife have been obliged, by the fta- tute of queen Elizabeth, to take the former oath. This new oath may be properly called the oath of abjuration of the popes authority, Therefore, j t f o u ows therefore that, after the faid treaty after the / treaty of of peace, no prieft could become legally pof- fefled of an ecclefiaftical benefice in this pro- v i nce & as to have a legal right to the ufe of a benefice his parfonage-houfe and to the glebe-land thereto taking the belonging, and to be legally intitled to demand jwation^f ki s tythes and other dues of his parishioners, the pope s w ithout taking this oath of abjuraticn of the authority. . . . . pope s authority : and this, it is well known, is what none of the Roman-Catholick priefts in this province have done, or can do while they continue Roman-Catholicks, the faid oath being a renunciation of the moft eflential article of [ 4" J of their religion, and that from which the very name of it is .derived, the fupremacy of the bimop of Rome over all other bifhops. Con- fequently none of the Romifh priefts in this province could, after the treaty of peace in 1763, have a legal right to demand their tythes of their parimioners. I may even add, that this would have been This would the cafe, even if the king had, in the year 1761, or in any other part of the interval of time be- f ven if the , ... king had, tween the capitulation in Sept". 1760, and the in the inter- treaty of peace in Feb. 1763, declared it to be between * his pleafure, that the Englim government fhould , the ca P ltu - compel the people of Canada to pay to the priefts th e treaty their tythes and other former dues, in purfuance of the power of making fuch a declaration, which had been referved to his Majefty by pneits their general Amherft. For, as the capitulation was only a temporary provition, calculated to afcer- tain the condition of the Canadians during the interval of time that mould elapfe between the furrender of the country to the Britim arms and the definitive treaty of peace between the two crowns, by which it would be either re- ftored to the French king or finally ceded to F f f 2 the [ 412 ] the crown of Great-Britain, it would have been fuperfeded by that more important inftrument, the treaty of peace, which was made by the two kings themfelves, and with an exprefs de- fign to fix the permanent future condition of the inhabitants of the country ceded to Great- Britain, fo far as the crown of France thought fit to interfere in their behalf. And, conle- quently, all the ftipulations of the capitulation, together with the king s fubfequent declaration concerning one of them, would have become null and void of courfe at the conciufion of the treaty of peace, unlefs they had been particu larly recited and ratified in it; and all matters relative to the condition of the Canadians in points not provided for and fettled by the treaty of peace, (which was the permanent and de finitive agreement between the two crowns upon the fubjecl,) would have been open to be fettled according to the difcretion of the new legiflature (whether that legiflature were the king of Great-Britain alone, or the king and parliament conjointly,) to which Canada was then become fubjecl. And, if this would be true of all the ftipulations of the capitulation that were not exprefsly confirmed by the treaty of I 413 ] of peace, it muft, a fortiori, be true of fuch of them as were contrary to the articles of that treaty ; which would have been the cafe with the ftipulation concerning the payment of tythes to the priefts, if the king had declared his plea- fure in favour of fuch payment, becaufe fuch a proviiion for the payment of the tythes to the Romifh priefts would have been contrary to the ftatute of the ift of Elizabeth, which was the law of England referred to by the treaty of peace. But this is going into an unnecefTary train of reafoning, becaufe the king never did declare it to be his pleafure that the Englim government mould compel the people of Canada to pay the priefts their tythes, till he gave his affent to the Quebeck-bill. In more, the French general in the capitula- A fliort tion afked firft for a toleration of the Roman- obligations Catholick religion, and fecondly for art efta- ^ the ? ri tifh nation blifhment of it by- giving the priefts a legal to tolerate right to their tythes. And the Englim general, Catholick " Sir Jeffery Amherft, granted the firft requeft, J and refufed the fecond, but referved to the king the capitu- c . . 1 i i i j- j Jation anci a power or granting it, which the king did not the treat/ make ufe of. And in the treaty of peace no peace * eftablifhment [ 4H ] eftablimment of tl\e Roman-Catholick religion is hinted at j but mention is made only of a toleration of it, or a permiffion to exercife the worfhip of it; and this is agreed to by the king of Great-Britain, but with a reference to the laws of England as the meafure of it; and thefe words, the laws of England^ muft, in the moft gentle and moderate interpretation of them, at lead include the great ftatute of Eli zabeth for abolifhing the pope s jurifdiclion throughout all the dominions of the Crown, which ftatute permits no prieft to hold an ecclefiaftical benefice and have a legal right to tythes without abjuring the pope s authority. Surely, then, nothing can be plainer than that neither of thefe inftruments gives the Roman- Catholick priefts of Canada the leaft madow of a legal right to demand the tythes of their parishioners : nor wc;s the Britifh nation in the fmalleft degree bound by any ties of national honour and publick faith (as fome people have pretended,) to give the priefts of this province fuch a legal right., in order to the full and fair performance of either the letter or the fpirit of either of thofe inftruments. An ample tolera tion of the exercife of the wormip of the Romifli [ 4 5 1 Romim religion was all that was neceiTary to n leration of fatisfy the claims founded on thole initruments: theRomiih and it was all that the body of the Canadian J people themfelves defired j they bein? rather revival f J the legal pleafed than difpleafed, (as you fome time ago obligation obferved to me,) with the fufpenfion of the obligation, which they had formerly lain un- . J * their tithes, der, to pay their priefts their tythes. And was all that fuch a toleration, (even the mofi ample that imagination can conceive, and fuch an one as fatlsfa ^ n or theCa- ftrangers were apt to mifiake for an eftablim- n ment,) they have actually enjoyed, without the fmalieft interruption, ever fmce the capitulation in 1760, to the firft day of the month of May lad part, to their own great aftonimment and fatisfaction. FRENCHMAN. Methinks you have made rather a tedious digreffion to prove what was extreamly plain, and what I mould have fuppofed no body could doubt of, " that our priefls had no legal right to fue for their tythes in the interval between the capitulation in 1760 and the operation of the late Quebeck-aa." It would be ftrangc indeed if they fhould ground fuch a ri *ht on the capitulation, when general Amherft had exprefsly refufed to grant it. And, as to the treaty of peace, it only 1 peaks of a -toleration, or permiflion to exercife ; the worfhip of our religion, even if we intirely omit thofe odd words of general reference tu the laws of England, which certainly do not enlarge the indulgence. So that it is the idieft thing in the world to pretend to ground a legal right of the priefts of Canada to their tythcs upon either of thefe inflruments. I beg you would there fore refume your account of the debate in the Houfe of Commons upon the Quebeck-bill, and Mr. Fox s objections to it upon the ground of the favourite privilege claimed by the Houfe of Commons to originate all money-bills. ENGLISHMAN. The di g reffion l have made (though, I COn- fefg, it has been tedious,) is not wholly without . , . . r . . its ufe with reipect to the iubjeci you are now inquiring after. For, if the Roman-Catholick priefts of this province had no legal right to their P tythes in the interval between the capitulation of J 7^ and the Q uebeck - a # that a <3> which re-eftabliilied their antient right to them, was undoubtedly f 417 ] undoubtedly a money-ad : for it compelled his Majefty s Canadian fubjeds, that profelTcd the Roman-Catholick religion, to pay to the priefts of their refpedive pariilies every 26th builiel of the corn that grew upon their lands, by way of tythes, together with certain other taxes, (fome of which, I prefume, were in money,) which tythes and taxes they were not liable to pay them before the paffing of the faid ad. Now you mull obferve that corn, or any other com modity worth money, which is ordered to be paid by publick authority, is, in the eftimation of the Houie of Commons, as much a tax as money, and as much the object of this privi lege. Confequently this Quebeck- bill was moft clearly a tax-bill, or money-bill, and of a very heavy kind. And therefore, according to this Mr. Fox s privilege of the Houfe of Commons, it ought to have begun in that houfe, and not, as in fad it had done, in the Houfe of Lords. Now this was Mr. Fox s objedion to it. " The privilege " of this houfe," faid he, * to which it owes all its importance, is invaded by the Lords. They have originated and fent us down a money-bill. This alone is fufficient to make it our duty to reject it, without troubling G g g " ourfehes S.C t 418 ] " ourfelves to difcufs its merits. If its tendency " were as beneficial as it feems to be pernicious, " it would ftill deferve to be rejected upon this " finde account. The claufe which makes it o The claufe <c a tax _bill j s m thefe words. " And for the intheQue- < J f beck aft " more perfect fccurity and eaf e of the minds of the^profef- <l the inhabitants of the /hid province , it is hereby Boman the " declared^ that his Majeftys fubjetfs, prof effing Cathoiick " the religion of the Church of Rome, of and in " the /hid province of Rebeck , way have, hold t < and enjoy the free exercife of the religion of the " Church of Rome, fubjeft to the king s fit pre- <( macy y declared and eftablijbed by an aft made " in the fir ft year of the reign of queen Elizabeth^ <l over all the dominions and countries which then " did, or thereafter Jhould, belong to the imperial nie branch crQflvn of this realm \ and that the dersv of the which re- . .... vives the " (aid church may hola> receive, and enjoy their l * ^ W * accuftomed dues and rights, with refpeft 1o J uc ^ P er f ns OJ2/ y as fi a ^ P ro f e f s tb* f a *d reli- inhabitants " gion" By the laft words of this claufe the " f^ J *^ to pay the " legal right of the Romifh clergy to demand priefts their an ^ ^ ue OJ . fafr tyt } ies anc j ot j ier ^ UQ5 J s tythes. J " again eftablimed, after having been fufpended, or abolimed, ever fince the conqueft of the * f country by the Britifla arms in September, " 1760, J <f 1760, to the prefent time, that is, for almoft cc fourteen years. This therefore is impofing a " tax upon fuch of his Majefty s Canadi in fub- <c jec~ts as profefs the Rornan-Catholick reii- tc gion, for the fupport of the priefts of that " religion, which (however reafonable fome <c people may think it to grant the priefts fuch " legal maintenance,) makes this bill a tax- " bill, or money-bill, and confequently fuch <e an one as ought not to have taken its rife in " the Houfe of Lords. It is therefore our " duty, (as it now comes to us from the Lords,) " without farther trouble or debate upon the " merits of its feveral mofi important provi- " fions, to reject it. To deliberate about our " conduct upon fuch an occafion would be " wafting our time to no purpofe, and weaken- " ing our moil valuable privilege." This was the purport of Mr. Fox s fpeech on that occa fion j and the members of the Houfe of Com mons feemed to be wonderfully ftruck with it, as none of them had considered the bill in that light before. FRENCHMAN. Pray, did any body attempt to anfwer this ob jection ? For to me it feems abfolutely unaniwer- able ? EN G- [ 420 ] ENGLISHMAN. And fo it does to me at this hour, as well as when I was firft told of it. And all the anfwers that have ever been attempted to be given to it An attempt a p pear to me to be very infufficient. Oneper- to anfwer * L theobjec- fon faid that thefe tythes were already due to f ox> the Romim priefts without the help of the Qiiebeck-bill, and that the priefts legal right to them had never been abolifhed, or fuipended, and confequently that this claufe in the Que- beck-bill was not a revival, or re-eftablimment, of this right, but only a confirmation of it. Infuffici- This anfwer will not do for you and me, who anfwer. are, both of us, well fatisfied of the falfhood of the propofition on which it is built, namely, that the legal right of the priefts to their tythes has never been fufpended or abolifhed : but, if this had been true, I conceive it would have furnimed no anfwer to the objection made by Mr. Fox; fince the confirmation of a doubtful tax, (which already exifts, but upon fo preca rious a ground as to need a confirmation,) is an act of the fame nature as the imposition of a new tax, or the re-eftablifhment of an old one, that has been confefledly abolifhed ; and confequently, [ 4" 1 confequently, a bill for that purpofe ought equally to take its rife in the Houfe of Com mons with a bill for impofmg a new tax, agree ably to the privilege of that houfe, before men tioned, to originate all tax-bills, or money-bills. This anfwer:, thereforej to Mr. Fox s objedion was doubly defective : being founded on a falfe fad ; and not affording a ground for the con- clufion drawn from it, if the fad, on which it was founded, had been true. Another perfon faid that tythes were not a tax, Another but a particular fpecies of property ifTuing out anfwer the of the lands of other men ; and that they were . fa !f e ob ~ J jedion. not due upon the fame ground as taxes are, that is, by virtue of publick grants of the people, or laws of the ftate commanding them to be paid for the maintenance of the clergy, but upon quite other grounds : and confequently that the Quebeckrbiil was not a tax-bill and not within the reach of Mr. FQX S objedion. What were the grounds upon which the gentleman, who made this aniwer to Mr. Fox s objedion, fuppofed tythes to be due to the Romim priefts of Canada, I do not know. But, if he meant i n f u fr )C i- that they were due by divine right* without the enc yfthis 9 , . anhvtr. intervention [ 422 ] intervention of the French king s legiflative power, he was intireiy miftaken. For they were impofed by an edict of Lewis XIV. in the year 1663, at the rate of the thirteenth fheaf of corn j before which edict no tythes at all were paid by the land-holders of Canada: and afterwards this tythe was reduced from the thirteenth fheaf of corn to the twenty-fixth bufliel of corn, (ready threfhed out for the ufe of theprieftj) by a temporary ordinance of the fuperiour council of Quebeck made in the year 1667, which was afterwards confirmed and made perpetual by a royal edict of Lewis XIV. in the year 1 679. So that nothing can be more certain than that tythes were a publick tax in Canada, impofed by the legiflative power of the king of France ; whatever may be the ground on which they may have been fuppofed to have been paid in other countries. Therefore this anfwer to Mr, Fox s objection was founded on a falfe fuppofition, as well as the former. And the like capital defects were to be found, as I have been allured, in all the other vain attempts to anfwer him. But, as he is a perfon of great quicknefs of parts and ingenuity as well as a very clear head and powerful talent for J for reafoning, he quickly altered the fhape of his objection, and formed it in fuch a manner that ; - though it had been true (as his adver- faries alledged in anfwer to him,) that the Ro- mifh priefts of this province had already had a legal right to the tythes without the help of the Quebeck-bill ; and, though the confirming a tax already in being mould not have been enough to make the bill, in which fuch con firmation was contained, be confidered as a tax- bill, or money-bill ; - yet ftill the faid Que- A th . er ^*- objection beck-bill ought to have been coniidered as a made by tax-bill on account of another branch of the t he Que- claufe above- recited, namely, that which pro- vides that the priefts mall have a legal right to on the fame their tythes from only their Roman-Catholick parishioners. " For this," faid he, " is an ex- " eruption of his Majefty s proteftant fubjed:s <c in that province from the payment of tythes, " which, as the friends of this bill affirm, <e were legally due to their refpeclive parifh- " priefts. For fuch was the law of the country " in the time of the French government. All " the land-holders in every parifli, proteftants, < (if there were any,) as well as papifts, were " obliged to pay the prieft his tythes. If there- " fore [ 424 I " fore there has been no change made in the <c law upon this fubjeft by the capitulation and " treaty of peace and the fubfequent introduc- <c tion of the Englifh laws and government, as " is now pretended, the proteftants in Canada " muft at this time be under a legal obligation " to-pay the priefts their tythes : and from this <c legal obligation the provifion in this bill which " I have juft now mentioned, and which is " exprefTed in thefe words, c " witb re/peel to " fitch perfons only as flail prof eft the /aid reli- " gion is intended to exempt them. If ct therefore this bill is not intended, by this " claufe about the tythes, to impofe a new tax " on his Majefty s Roman-Catholick fubjeds " in Canada, but only to confirm and continue " an old one, that is already legally eftablimed, " as the patrons of it contend, it muft, at leaft, " be allowed that it is intended to exempt his " Majefty s proteftant fubjecls in that province " from the payment of the faid old tax, to c< which they are as yet legally liable. Now a " bill to take off a tax is as much a money- bik \ " in the confideration of th s houfe, as a bill " to lay one on> and, according to our invariable ec practice upon thefe cccafions, as much within " the t 425 ] " the limits of our privilege of originating tf money-bills. In this view therefore, as well " as in the former, this bill ought to have begun " in this houfe, and not in the houfe of Lords ; <c and, as it has, (by lome happy mifmanage- " ment in thofe perfons who wiih it to take " place,) been firft brought into the Houfe of " Lords, and is now fent down to us from <c thence, we have nothing to do but, without <c further coniideration of the contents of it> <c to rejeffi it." FRENCHMAN. This new manner of ftating his objection to the Quebeck-bill, which $M grounded on the reprefentation made of the law concerning the tythes in Canada by his adversaries, themfelves, was extreamly ingenious, and, in my opinion, very juft, upon a fuppofition that the Houfe of Commons confider a bill for faking off a tax as being as much an object of their peculiar privi-r kse as a bill for laying one on ; which, I take it O *> O for granted, is a clear point, as you feem to make no doubt, about it. Nor can I imagine what Mr. Fox s adverfaries could have to fay in an- fwer to an objection which their own falfe ftate H h h of [426 ] of the cafe about the law concerning tythes had laid fo clear a ground for. Pray, what could they fay upon this occafion ? ENGLISHMAN. Truly, (from all that I could ever learn,) nothing at all, except, perhaps, a bold repetition of the former ftrange aiTertion that the tythes in Canada were not a tax. But they had recourfe to that favourite and powerful argument of the majorities in all affemblies, by which, upon occalion, two and two may be declared to be equal to five, (though they never can be made Mr. Fox s \ t ^ e argument of numbers : they voted that objections * were over- the Quebeck-bill was not a money-bill, and ruled, and -vV* 1 i r i theQue- coniequently not vvithm the privilege or the beck-bill houfe before-defcribed. And fo the merits of declared not to be a the bill were entered upon, and, after fome bin" amendments made in it, it was fent back to the Houfe of Lords, and there paiTed with the amendments, and foon after received the royal alTent. FRENCHMAN. A remark This account gives me great uneafinefs. For it {hews how extremely defirous the minifters of ftate in England were of getting this unhappy bill t 427 ] bill patted, fince they would thus let this im portant privilege of the Houfe of Commons be endangered and wounded by means of it, rather than put it off to another feffion of parliament, I fee plainly that they muft have been extreamly fanguine in their hopes that our priefts, (when they had thus been bribed into their fervice by a refloration of their legal right to their tythes,) would have been wonderfully zealous and fuc- cefsful in their endeavours to preach up, amongft us poor Canadians, the duty and merit of a crufade againfl our prefbyterian neighbours of Bofton. But I believe that by this time, or in a very mort time hence, they will perceive the errour they have been led into, and will find that their favourite ad (however agreeable it may be to our priefts and ibme of our noblefle,) has diigufted the bulk of the Canadian people, and made them more averfe than ever to engage in fo odious a fervice. However, we will now, if you pleafe, have done with this melancholy fabjed, and return to the confederation of the four and a half per cent, duty, that, you faid, was paid to the Crown on dead commodities exported from fome of the Weft-India iflands. H h h 2 E N G- ENGLISHMAN. With all my heart. But you will remember that our long digreffion concerning Mr. Fox s objections to the Quebeck-bill was in confe- quence of your own requeft. However, we will now return back to the act of the afiembly of the illand of Barbadoes, by which the faid four and a half per cent, duty was granted to the Crown. For that, I think, was the fubject of our converfation when this long digreffion begun. The 4- per Now you may obferve that in the preamble cent, duty J in Barka- to this grant it is dated " that nothing conduced granted* by mcre to ^ 2e p eace and prof peri ty of any place ^ and the affem- ^fa protection of every /ingle per/on therein, than blyofthat r 7< . ifland for fkat the publick revenue may be in fome meafure proportioned to the publick charges and expences -, tammg the an ffaf f fo e a/fcnjfr/y had well weighed the great king s au- ^ . thority in charges that there mull be of necefjity in the main taining the honour and dignity of the king s autho rity in the faid ifland ; the publick meeting of the fejfions ; the often attendance of the council ; the reparation of the forts. -, the building a Jejjions- houfe and a prifon ; and all other publick charges incumbent on the government" And then, in confideration Gonfideration thereof, they make the grant of the faid duty to the king, his heirs and fuccef- fors for ever. From this preamble it is evident that this duty of four and a half per cent, was given to the Crown in the ifland of Barbadoes, not to be difpofed of in any manner his Majefty fhould think proper, and in any fart of his do- minions, (as, for example, in pensions to perfons reiiding in England,) but for the purpofe of maintaining the kings authority in that ijland of Barbadoes, and particularly to defray the expence of the publick meeting of the feffions, the fre quent attendance of the council j the repairing of the forts, and the building a feffions houfe and prifon. And it is, therefore, only in cafe Therefore 1 r 1 r i i it Ought of an overplus or the produce or this duty in no t, in .the laid ifland above what is abundantly fuffi- p ^ e cient to defray all thefe and the like expences 1 r - i -n j i 1 toanyother in the laid illand, that is, to maintain the whole purpoies. civil and military eftablifhment in it, that the Crown is at liberty, (confidently with the in tention of the granters of this duty,) to difpofe of any part of it out of the faid ifland of Bar badoes. And fuch an overplus, we may well believe, it never will afford. It would there fore be only a restoration of this duty to the purpofes t 43 1 A propofal purpofes for which it was originally granted, to appro- priate the if the Crown were to content to fome act of byaasM" parliament, or ad: of aflembly of the ifland of parliament Barbadoes, or other fufficient act of (late, where- and aflem bly, to the by this duty mould be more ft tidtly apprbpri- SrEhich it ate ^ to the maintenance of the civil government naM ngl " f l ^ at ^ anc ^> an ^> (*f i* P ro ^uced more than granted, enough for that purpofe,) to the fupport of the military eftablifhment in the fame ; fo that, in the firft place, all the falaries of the civil officers of the fame, namely, of the governour of the ifland, the lieutenant-governour, the judges, and provoft-marmals or fheriffs, and coroners, and other officers of juftice, and of the receiver, general of the revenue, and the collector and comptroller of the cuftoms, and the naval offi cer, and fearchers, and other officers of the cuftoms, mould be paid out of it j and, fe- condly, that the publick buildings in which the council and aflembly of the ifland meet to tranfact the publick bufmefs, and the courts of juftice, and the publick prifons in the ifland, ftiould be kept in good repair out of it ; and, thirdly, that all the forts and barracks for fol- diers on the ifland mould be repaired out of it j and, laftly, (if it was more than fufficient for all all thefe purpofes,) that the churches in the ifknd (though the building and repairing of churches ufuaily belongs to the inhabitants of the parifhes in which they are fituated,) fhould be repaired out of it, and particularly the church in which the afiembly of the ifland was ufed to attend divine fervice ; and, in fhort, that no part of the produce of the faid duty mould be fpent out of the faid ifland. And, in order to prevent any future mifapplication of this money, it fhould be provided in the faid ad: of parliament, or affembly, (which mould be pafled for fecur- ing this ftricl appropriation of the faid money to the publick expences of that ifland,) that all grants of pen lions, or payments, to be made out of the faid money, for the future, for any purpofes out of the faid ifland, or to anyperfon refiding out of the faid ifland, or for any pur pofes but thofe enumerated in the laid act, even to a perfon reiident in the faid ifland, mould be null and void to all intents and purpofes j The pro- and that the faid money mould be difpofed of Jfojjja be only by virtue of warrants of the sovernour and ifrued onl x . . *" by virtue of council of the faid ifland, (to be figned by a warrants majority of the whole council of the fame,) to verncm? " the receiver-general of the revenue to pay it to a " d <r" n - r J cil of the fome faidifland. [ 432 ] the Bntifli Kouie of and the af- fcmbly of Barbadoes fcouldhave inquire in- ** The fame fmmid be India jflands in which the faid duty of 4* per cent. is paid. of the above-mentioned ufes, and mould not be difpofed of by the authority of the ccm- miflioners of the treafury in England ; and that both the Britifh Houfe of Commons, and the general arTembly of the freeholders and planters f tne ^ a ^ ifland of Barbadoes, mould have a j-jght from time to time, and as often as they J {hould think fit, to inquire into the expenditure of the faid money. An act of parliament of this purport, proceeding from a voluntary offer of his Majefcy by a mefTage to the Houfe of Commons to declare his Majefty s readinefs to confent to fuch an appropriation of the faid duty, would be a very gracious act of juftice towards the people of Barbadoes, which, (to gether with the abolition of the lucrative fine- Cure places in the faid ifland in the manner above-propofed,) could not fail of giving great fatisfaclion to the people of the faid ifland. A n d the like meafure fhould, in my humble opinion, be adopted with refpec"l to all the other Weft-India iflands, in which this duty of f our an( ] a half per cent., upon goods exported --11^ from them, is paid to the Crown. FRENCH- t 433 ] FRENCHMAN. I think it cannot be doubted but that fuch a meafure would be exceedingly agreeable to the inhabitants of the Weft-India iflands, and fill their minds with a high idea of the juftice and honour of the Crown ; though, as you obferved fome time ago, it does not feem to be abfolutely necelTary to the fettlcment of the prefent difputes between Great-Britain and North-America. But, pray, are moft of the Weft-India iflands fubjecT: to pay this duty upon the goods they export, or only one or two more befides Barbadees ? For, I think, you faid at firft that they were not all liable to it, and particularly that Grenada was not fo. ENGLISHMAN. Grenada certainly is not liable to pay this duty, as was determined in that famous caufe of Campbell and Hail, which I mentioned to you T] f fome time ago. But the iilands of Nevis, An- duty of 4^ tigua, St. Chriftopher s and Mont-ferrat, (which J^btbJ are called the Leeward Caribbee iflands,) are lf ! ands f Nevis, An- liable to it by virtue of acts of their affemblies, gua, St. (iimilar to that already mentioned of the aiTembly F hcr s, and Tii of Moiufer - 01 rat, by vir tue of grants of their a/Temblies, t 434 ] of Barbadoes,) by which it has been granted in grant of it perpetuity to the Crown. The act of aflembly by the af- f or fa e ifl anc j o f Nevis, whereby this duty was fembly of J . J the ifland fo granted to the Crown, was palled in the reign of king Charles II. in the year 1664, that is, four years after the reftoration, and one year after the acl: of aflembly palled for the fame purpofe in the ifland of Barbadoes, It ftates much the fame fads concerning the uncertainty of the titles to land m the faid ifland of Nevis as had happened in the ifland of Barbadoes ; that king Charles I. had granted the faid ifland of Nevis to the earl of Carlifle, to whom he had alfo granted the ifland of Barbadoes > that king Charles II. had bought in all the rights of the faid earl, and that he had appointed Francis, lord Willoughby, of Parham, governour of Barbadoes and the reft of the Caribbee iilands, of which this of Nevis is one, with power to grant, confirm, and afTure lands to the inhabi tants of the fame, and their heirs for ever, under the king s feal appointed for Barbadoes and the reft of the Caribbee iflands, which at that time were all under the fame, governour, though they had different afTemblies ; and that, by virtue of the faid earl of Carlifle s patent, divers go- vernours [ 435 } vernours and agents had been fent over to the faid ifland of Nevis, with authority to make grants of land within the fame to fuch perfqns as they mould think fit; and that they had, accordingly, made feveral fuch grants ;-. and that feveral of the perfons, to whom fuch grants had been made from the earl of CariiHe, had loft their grants, or warrants, or other evidences for their lands } and that the grants of others had, by reafon of the ignorance of thofe times, been unfkilfully drawn, and wanted fufficient and lawful words to create eftates of inheritance to the grantees and their heirs ; and that others of the faid grantees had never recorded th.eir grants and warrants; and that other perfons, who were at that time pofTefTed of divers parcels of land in the faid ifland, could make no proof that they had ever had any grants, or warrants, at all for ^heir faid lands, and yet had been a long time in quiet pofleffion of the fame, and had beflowed great charges on them : and then, without further pre-amble, it makes the grant of the faid duty of four and a half per cent, upon all commodities of the growth of the faid ifland of Nevis, that {hall be exported from the fame, to the king, his heirs and fucceflbrs 1 i i 2 for for ever. This is the purport of that acl of the aiTembly of the ifland of Nevis ; in which it is ,,e grant worth obferving that there is no fuch claufe as in the ifland of Nevis that in the act at Barbadoes, declaring " that contain the ^ e publick revenue ought to be, in fome mea- fameciaufe f ure) proportioned to the publick charges and edintheaa expences, and that the aflembly had well weighed does.which the great charges that there mutt be of neceffity to * n *ke ma i nta i n i n g ^e honour and dignity of be granted the king s authority in the faid ifland ; the pub- forthepur- . 0,. pofe of lick meeting or the lemons ; the often attend- ance ^ t ^ ie counc ^ 3 ^ e reparation of the o king s au- forts : the building: of a fefiions houfe and a thority in . .. frj the ifland. prifon j and all other publick charges incum bent on the government ;" by which the faid duty feems, in the cafe of Barbadoes, to have been appropriated, (in the intention of the per- fons who granted it,) to the maintenance of the civil and military eftablifhment of that ifland, and not to have been given for the" free and abfolute difpofal of king Charles and his fuc- ceffors in any place and in any manner they ihould think proper. It is not therefore quite Jo evident in the cafe, of the ifland of Nevis as in that of Barbadoes, that this duty of four and a half per cent, was intended only for the main tenance [ 437 J tenaace of the king s authority in that ifland. But vet, if we confider that this ad: of the Vetitfeems afTembly at Nevis was paflcd under the fame that it was governour, lord Willoughby, of Parham, as the faid acl of aflembly at Barbadoes, and the very that next year after that aft, and, as it were, in imi tation of it j and if we confider likewife how very unlikely it is that the inhabitants of fo fmall an ifland as Nevis, and which was then in an infant ftate of cultivation, mould grant money to the Crown for other purpofes than the main tenance of its own government, when the in habitants of the much larger and richer ifland of Barbadoes had juft before declined to do fo, and had confined the money they had granted (To far as the words of a pre-amble to an act of aflembly could confine -it,) to the mainte nance of the king s authority in their ifland , it muft, I imagine, be thought probable, upon the whole, that the members of the aflembly at Nevis, who made this grant of the four and a half per cent, duty to the Crown, intended ft only for the maintenance of the king s govern ment in their ifland, and not for any other pur pofes what foe ver. Of the The like adls of afiembly, for granting this the faid duty of four and a half per cent, on goods ex- f " ported, were patted in the iflands of Saint Chrif- to Pk er > Antigua, and Montferrat, about the Antigua, fame time as the two afts of aflembly already ferrat. " mentioned in Barbadoes and Nevis, that is, about the year 1667, or 1664. And afterwards It was J granted a a fecond act of afTembly was pafled for the fame btheifland purpofe in the ifland of Antigua, which was of Antigua O ccafioned by the events of the firft Dutch war in the year " 1668. in the reign of Charles II. which begun in the year 1 664 againft Holland and France, and was terminated by the Peace of Breda in 1667. In that war the ifland of Antigua had been taken by the French under the command of Monfieur de La Barre, an officer of the French king, -and was given back to king Charles II. by the peace of Breda. By this French con- queft the Englifh fettlers on that ifland loft all their rights to the lands they had held under the crown of England ; and thefe lands became the property of the French king: and after wards, by the ceffion of the faid ifland made by the French king at the peace in 1667 to the crown of England, the king of England was underftood to be vefted with the abiblute property [ 439 J property of thefe lands in the fame manner as the king of France had been after the conqueft >f them and before the faid peace of Breda, without any revival of the rights of the former owners of them. In this ftate of things king Charles II. reiblved to make new grants of the lands of Antigua to their former owners ; but, in coniideration of this favour to them, he feems to have required the people of that iiland to make, to him and his heirs for ever, a grant of the faid duty of four and a half per cent, upon all commodities of the growth of the faid iiland, that fliould be exported from it. And this was accordingly done by an acl: of alTembly of the faid ifland of Antigua parTed in the month of May in the year 1768, in titled, " An aft for the fett foment of the cujlom, or duty> of four and a half per cent." of which the moft material part is expreffed in thefe words. <c Whereas, by reafon of the late unhappy war, The words which arofe betwixt his royal Majefly, Charles the affembly of fecond, king of Great-Britain, France, and Ire- f "*J land, &c. and the moft Chriftian king, in France, was grant- as well as the States General of the United Nether- year i6&s. lands, fever -al of his Majefty of Great-Britain s territories on this fide the T ropic, became Jubjeft, through r [ 440 ] through conqueft, unto the [aid French king and his fubjetts; and> among/I others , this ijland of Antigua alfo was fo fubdued by Monfieur de La Barre, lieutenant-general by fea and land to the faid French king, being ajjijled by the Cannibal Indians ; by means whereof all the lands within this ijland became forfeited unto his Maje/ly> &c. as by an aft of this country bearing date the tenth day of April laft paft, (reference being thereunto badj may more at large appear : KNOW TE, that, for and in conftderation of new grants and confirmation of our faid lands, under the great feal appointed for Barbadoes and the reft of the Caribbee iflands, by his Excellency Lord, Wil- loughby, of Parham, &c. We do GIVE and GRANT to his faid Majefty, his heirs and fuc- cejjors Jor ever t and mojl humbly defire your Ex cellency to accept thefe our grants ; And we do humbly pray your Excellency that it may be enatfed, AND BE IT ENACTED, by his Excellency Lord Willoughby, of Parham^ captain-general and chief governour of Barbadoes and the red of the Caribbee ijlands y and by and with the AD VICE and CONSENT of the COUNCIL and gentlemen of THE ASSEMBLT, REPRE SENTATIVES of this 7/W, and by the au thority tbority of tbe fame, T hat an impo/t, or cujlom, /tr, from and after the publication hereof,, raifed irpon the native commodities of this ijland, after the -proportion, and In manner and form, as above fet down, that is to fay, upon all commodities oj the growth, or production of this ijland, that flail be flipped off the fame, flail be paid to our Jove- reign lord tbe king, his heirs and fucceflors for ever, four and a half in fpecie for every five- f core" This a6t has fame what the appearance A . r . on the iaui of a bargain made by the people or Antigua aft. with the Crown for a new grant of their lands, inftead of a provifion (as in the cafe of Barba- does,) for the maintenance of the king s autho rity in it : and confequently the king feems to be more at liberty, (in point of juftice, and confidently with the intention of the perfons who granted this duty,) to apply the produce of this duty, arifing in the faid iiland of An tigua, to purpofes foreign to the faid iiland, (as, for example, to grant penfions out of it to perfons refiding in England,) than he is to ap ply the produce of the fame duty, arifing in the iiland of Barbadoes, to the like purpofes. Yet It is, upon even in this cafe I conceive it would be a noble adl of generoftty in the Crown, if not of juftice, K k k to tigua, as well as the ether Leeward Caribbee iflands, the faid duty of 4 ! per cent. Ihould bj appropriated to the publick. ufcs of the people bv whom it is paid. [ 442 ] to give up this power of applying the produce of this duty in Antigua in this unlimited man ner, and to confent to its being appropriated for the future to the purpofes for which it had, probably, been originally granted in the year 1663, or 1664, (before the aforefaid Dutch and French war, and the fubfequent conqueft of the faid ifland by the arms of France, and ceffion of it to the crown of England, which enabled king Charles II. to make the above- mentioned bargain with the inhabitants for new grants of their former lands,) namely, to the maintenance of the king s authority in the faid ifland, or the iupport of the civil and military eftablimments in it. The faid And in the year 1727 the fame duty of four duty of 4*. per cent, and a half per cent, upon goods exported was Tdtothe extended to the French part of the ifland of Frenchpart g t Qiriftopher, which had belonged to the of the ifland r . of Saint crown of France in the year 1663, (when the bytn^ta act of afTembly, which granted the faid duty to ?/" !jj e *f~ the Crown on goods exported from the other, that ifland or Englim, part of the faid ifland, was pafled,) 1727. and which had been ceded to the crown of Great-Britain by the treaty of Utrecht in 1713. This [ 443 J This act of affembly of the ifland of Saint Chriftopher, by which the faid duty was ex tended to the French part of the faid ifland, is intitled, " An att to JubjeSl all goods and com modities cf the growth and produce of the late French part of the ijland of St. Chriftopher, which are, or flail be, flipped off from the faid i/land, to the payment cf the four and an half per cent, duty^ and to a f certain at what places all the duties of jour and a half per cent, flail be received" And it is exprefTed in the following words. <e Whereas, in and by an aft or flatule of the The WOI>t * s j ^ of the faid general council and general ajjembly of the Lee- aa of af- ward Caribbee ijlands in America^ called or known by the names of Nevis, St. Chriflopher, Antigua, and Montferrat, made in or about the year of our Lord \ 663, and intitled, " An aft for fettling an impoft on the commodities of the growth of the faid Leeward Caribbee iflands, " a certain duty or cujlom of four pounds and a half in fpecie for every hundred weight of the commodities of the growth and produce of the faid Leeward ijlands then afterwards to be flipped off from the faid ijlands, or any of them, was given and granted to our late jbvereign lord, Charles the fecond, then king of England, Scotland, France, and K k k 2 Ireland, t 444 ] Ireland, and to his heirs and fucccflors for ever ; as in and by the fame aft and flatutc, (relation being thereunto had,) may more fully and at large appear. And, whereas fmcc the making of the faid [I at ute, to wit, in and by the late treaty of peace and Jriendfiip concluded at Utrecht between the two crowns of Great-Britain and France, an entire ce/Jion was made by the mofl Chriflian king, Lewis the fourteenth, to our late fovercign lady Anne, queen of Great-Britain, France, and Ire land, and to her crown Jor ever, of all that part of the ifiand of Saint Chriflopher formerly be longing to the crown of France ; fo that the fame late French part of the faid ijland of Saint Chrif- topher is now become parcel of the realm of Great- Britain, and is under the fole dominion and go- vernment of the crown of the fame. And, whereas fome doubts have an fen t whether the faid late French part, fo yielded up as afore- faid to the faid crown of Great-Britain, be fubjecl to the payment of the afore faid duties of four and a half per cent, jo as aforefaid, i?i and by the faid recited act, given and granted to our faid late fovercign lord, king Charles the feconA* bis heirs and fucce/firs* For [ 445 ] For avoiding tferejore all difputes and contro- vcrfies, which may Jor the future arife within the famie ijland, touching or concerning tie pay ment of the fame duties, WE> your Majeftys tnofl dutiful and loyal fubjecJs, John Hart, efyuirt* your Majeftys Captain-general and GOFER- NOUR in chief of all your Majeftys Leeward Caribbee inlands in America, and the COUNCIL and ASSEMBLT of the faid ijland of Saint Chriftopher, do humbly befeeeh your Miyefly thai it may be ENACTED and DECLARED ; and it is hereby ENACT E D and DECLA RED by the KINGs moft excellent Majefty, by and with the advice and confent of the Captain- general and GOVERNOUR in chief of the (aid Leeward Caribbee ijlands, in America, and the COUNCIL and ASSEMBLT of the faid ijland cf Stixt Chriftopher t and by the authority of the fame, rfhat all and fmgular the goods and commodities of the growth and produce of the faid late French part of the faid ijland of Saint Chriflopher, and ivhich at this time are, or hereafter JJ:a!l be t flipped off from thence, in order to be carried to any other port or place whatjoever, are, and for ever after flail be, fubjc5l and liable ; and the Jam? goods and commodities , and every of them> arc [ 446 ] are hereby made fubj eft and liable -, to the pay ment of the aforefaid duties and cuftoms of four find an half per cent. infpecie y to your moftf acred Majejly, your heirs and fucceffors, in fuch manner and fort as the goods and commodities of the growth find produce of that part of the faid ijland known and called by the name of the Englijb part thereof y have heretofore and hitherto been fubjefl and liable unto by force and virtue of the above-recited a5l or JlatuteT By this a<fl of the aiTembly of the iiland of St. Chriftopher the French part of the faid ifland is put upon the fame footing as the Eng- lifh part of it with refpect to the payment of the faid duty : and it may fairly be fuppofed that the duties payable in the French part of this ifland were intended, by the makers of this aft of affembly, to be applied to die fame purpofes as the duties payable in the English part of it, that is, (as feems probable for the fame reafons as in the cafe of the ifland of Nevis,) to the maintenance of the king s authority in the faid ifland, or the fupport of the civil and military eftablifliments in it. There is therefore It leems ^ J reafonable the fame reafon for appropriating the produce that the produce of CH thefaidduty in the French part of the faid iil.ind of Saint Chriflopher, ihould be appropriated to the publick utes or the laid ifland, a well as rhe produce of it in the Engliftj part of the laid ifland. [ 447 I of this duty of four and a half per cent., ariling in this French part of the ifland of St. Chrifto- pher, to the faid purpofes, refpecling the welfare and good government of the faid ifland itfelf, as for appropriating the produce of the fame duty arifing in the Englim part of it, and in the iflands of Nevis and Montferrat, to the fame purpofes. Nor ought we on this occafion to forget the Thisopini- claufe, which I mentioned to you fome time be warrant- ago when we were examining the commiffions ^ d oj .^ y ^ e of the governours of the American provinces, *he king s , .(r . j . .. ,, commifli- concernmg the iliuing and the application of on s to his the monies raifed in the faid provinces, which feems to be a plain and ftrong declaration on ric *. the part of the Crown, that the monies therein, raifed mould not be applied to any purpofes foreign to the provinces in which they were railed refpe&ively. This claufe in the com-t miflion of Sir Danvers Ofborne, governour of New- York, was as follows. " And our further will and pleafure is, that all fuUick monies raijed % or which flail be raifed^ by any aft to be hereafter made within our faid province and other the territories depending thereon^ be iffiied out by warrant [ 448 ] warrant from you y by and with the advice and confcnt of our council, and difpofcd of by you for the flip port of the government ^ and not other wife" The like claufe is, as I believe, inferted in the commiflions of all the other governours, both of North-America and the Weft-India iilands, and therefore probably was inferted in that of Lord Willoughby, of Parham, who was gover- nour of Barbadoes and the iilands of Nevis, Antigua, St. Chriftopher, and Montferrar, in the years 1663, 1664, anc * 1668, when the three firft of the above-mentioned acts of affem- bly for Barbadoes, Nevis, and the other three jflands, and the aft of affembly in Antigua after the peace of Breda, were pafled, and in that of Mr. John Hart, who was governour of St. Chriftopher, and the other Leeward Caribbee jflands, to wit, Antigua, Nevis, and Mont- ferrat, in the year 1727, when the aforefaid duty of four and a half per cent, was extended to the French part of the faid ifland of St. Chriftopher. And, if the faid claufe was in ferted in thofe commiiTions, (as there feems to be great reafon to believe,) it is a plain decla ration on the part of the Crown that the pro duce of this four and a half per cent, duty \\\ all ( 449 ] all thofe iilands was originally intended for the maintenance of the king s authority in them, or the fupport of the civil and military eftablifli- ments in them, and for no other purpofes what- foever, and ought to be ifTued only by warrants of the governours and councils of thofe iilands, for the faid purpofes, and not by warrants or p ie F~ 1 * duce of Uie orders of the lord treaiurer of England, or of faid duty of the commifTioners appointed to execute his oug^notto office; whatever abufes may have crept in of beiffuedb y the war- late years with refped both to the authority by rants of the which the produce of this duty has been dif- m iffi ners pofed of, and to the purpofes to which it has f ftb f^^" often been applied. Our propofal therefore to land, but , , f i i V , * - only by the appropriate the produce 01 this duty in the warrants of ftridteft manner poffible to the maintenance of J^^ ^" the civil and military eftablimments of the councils of r l ^ e P roy i n - iflands in which it anfes, ought not to be con- C es in fidered as an innovation to the prejudice of the juft and legal revenue of the Crown, but as a juft and candid reftoration of this duty to the purpofes of its original destination. This is all that I have been able to colled concerning this duty from the account of that famous caufe of Campbell and Hall, which I L 1 1 mentioned [ 45 ] mentioned to have been determined for the plaintiff Campbell, by the court of King s- Bench in England, in the month of November, J 774 , ^ .". "?, /. FRENCHMAN. Your account of this matter has given me much entertainment. And I am more and more convinced of the juftice and reafonablenefs of the meafure you recommend, of appropriating the produce of this duty of four and a half per cent, in all the iflands in which it is paid, to the maintenance of the government, and other publick ufes, of thofe iflands refpeftively. Nor can I, indeed, conceive that any body can enter tain a doubt of the propriety of fuch a meafure. And certainly no time can be fo fit for a refor mation of the abufes that have happened upon this fubjecl as the prefent conjuncture, when there is an evident neceflity for re-confidering and reforming the whole political ftate of North- America in order to produce the wi(hed-for reconciliation with Great-Britain. But, before we intirely quit this fubject of the four and a half per cent, duty, I muft defire you to inform rne whether this duty is paid in the large and rich J rich ifland of Jamaica, and alfo to let me know a little of the ground on which the Crown undertook to impofe the like duty on the inha bitants of the iiland of Grenada by its own pre rogative only, without the intervention of either the parliament of Great-Britain or the aflembly of the ifland of Grenada. For this feems to me to be rather an odd event in the prefent ad vanced age of the English constitution and liberties, of which I always conceived it to be one of the moft important that the king could not (as in France and Spain and other abfolute monarchies in Europe,) raife money on his fubjects without their own confent. ENGLISHMAN. I will endeavour to give you the beft fatif- faction I am able upon this fubject, which is a curious and important one, and affords but too juft grounds for the furprize you have exprefled concerning it. ~i But, firft, as to what you afk concerning Jamaica. You defire to know, whether this duty of four and a half per cent, upon dead . commodities exported, is paid in that large and LI I z rich t 452 ] The afore -i rich ifland. The anfwer is fhort and eafy, faiddutyof . . /. 4 i per cent. to wit, that I am well allured that this duty is intheiflami not P 3 "* * n ^ e ^ anc ^ f Jamaica, nor yet in offamaica, two ot h er Britifli iflands in the Weft-Indies, normthofe ;;*A! of Anegada called Anegada and Tortola, fituated at a fmall to n i a> c diftance from St. Chriftopher s. And it has been confidently aflerted in print (though. I cannot give you certain proof of it,) that, when the Britifh minifters of (late at one time, in the year 1717, either attempted, or propofed at tempting, to impofe this duty on the inhabi tants of thofe iflands by virtue of the royal Theopini- prerogative. Mr. Lechmere, the attorney- eene- onofMr. f Lechmere, ral of that time, (who was afterwards made Lechmere,) being confulted upon the le- K. Geo. I. gality of the project, honellly replied, " that king could the perfon who fhould advife his Majefty to a ^ e P> w u ^ he guilty of high trea- the faid { Qn fkjg j s a cur i ous anecdote, and a proper J flands by r his prero- mtrodudion to the account which I will now endeavour to give you of the late impofition of the fame duty on the inhabitants of Grenada by virtue of the royal prerogative in the year 1764. Of the im- >ffa ifland of Grenada was conquered by the poution or * this duty in Britifh arms in the year 1762. It furrenderech the ifland of , Grenada. \^$ t 4S3 ] (as this province of Quebeck had done two years before,) upon certain articles of capitula tion, which were the fame as had been granted a little before to the inhabitants of the iiland of Martinico, of which the fixth and feventh feem to be the moft material to the fubject we are now confidering. The fixth article of that capitulation was in The ankle* thefe words. " The inhabitants, as alfo the re- f theca P^r < filiation of ligious orders, of both Jexes, foall be maintained Gr f"ada, / r T yr <~r / r j which were ^n the property of their effects, ?no e ueable and im- the fame as moveable, of what nature foever, and foall be preferred in their privileges, rights, honours, and exemptions. heir free negroes and mulattoes Jhall have the entire enjoyment of their liberty" The anfwer of the Bdtim general to this demand was in thefe words. " Granted, in regard to the religious orders, tfhe inhabitants y being jubjefts of Great-Britain, will enjoy their properties, and the Jame privileges as in the other his Majeflys Leeward i/Iands." The feventh article was in thefe words. " They foall not pay to his Majejly any other: duties than thofe which have been paid hitherto to kh . [ 454 ] bis moft Cbriftian Majefty, and the capitatim of negroes upon the fame footing it is paid at prefent^ without any other charges or impofts. And the expcnces ofjufiice, penfions to curates, and other occafwnal expences, jhallbe paid by the domaine of his Britannick Majefty, as they were by that of his mojl Chrijlian Majefty" The anfwer of the Britifh general to this demand was in thefe words. <c Anfwered in the fixth article y as to what regards the inhabitants? It muft alfo be obferved that, during the fubje&ion of the ifland of Grenada to the crown of France, there were certain cuftoms and im- poft-duties collected upon goods imported into, and exported out of, the faid ifland -, and like- wife that a capitation, or poll* tax, was paid to the French king by its inhabitants. The defini- Tk e definitive treaty of peace was concluded live treaty J r of peace in in a fhort time after the furrender of Grenada, 1763!** to wit, on the loth of February, 1/63. By this treaty, art. 9th, this ifland of Grenada was ceded by the king of France to the crown of Great-Britain in full right, with the fame ftipu- lations [ 455 3 lations In favour of the inhabitants of it as are granted in the fourth article of the faid treaty to the inhabitants of Canada, that is ; that they Ihould retain the pofleflion of their property of every kind, moveable and immoveable, if they chofe to continue under the Britifh government and become fubjecls to the king of Great-Bri tain, and mould have the liberty of felling it to any of his Majefty s fubjedls within the fpace of eighteen months, and retiring, with the mo ney produced by fuch fale, to whatever country they mould think proper, if they did not chufe to live under the Britilh government ; and, fur ther, that they mould enjoy the free exercife of the worfhip of the Roman-Catholick religion, fo far as the laws of England, (that is, as the great ftatute of queen Elizabeth for aboliming foreign jurifdidion in fpiritual matters from all the dominions of the Crown,) will permit. By the fame definitive treaty of peace three ? effi P n of out of the four iflands till then called the neutral neutral I/lands^ were ceded to the crown of Great- Britain, namely, the iflands of Dominica, Saint Vincent, and Tobago : and the fourth, [(which cent was Saint Lucia) was ceded to the crown of th? c?v France. r 456 i A royal Very Toon after the aforefkid definitive treaty jrroclarna- thm under of peace, namely, on the aoth day of March, J 7^3 h is Majefty publifhed a proclamation Great-Bri- un( Jer the great feal of Great-Britain, in which tam r forthe let- he declared that, having taken into conftdera- t<K)n ^ e great benefit that would arife to the ofGrenada, cornmer ce of his kingdoms and the intereft of the Grena dines, and his fubjecls, from the fpeedy fettlement of the three lare iflands of Grenada, the Grenadines, Dominica, neutral Saint Vincent, and Tobago, he had thought fit, publifhed with the advice of his privy council, to iffue his in March, .... , . jj6,. faid royal proclamation, in order to make it known to his loving fubjeds that he had given the neceffary powers and directions for an im mediate furvey, and divifion into proper parimes and diftricls, of fuch of the faid iilands as had not hitherto been fo furveyed and divided, and for laying out fuch lands in the faid iflands as were in his Majefty s power to difpofe of, in allotments for plantations of different fizes and extents, according as the nature of the land fhould be more or lefs adapted to the growth of fugar, coffee, cocoa, cotton, or other articles pf beneficial culture : after which general de claration of his Majefty s defire that the faid iflands mould be fettled and cultivated, ( the faid proclamation [ 457 1 proclamation fpecifies the particular conditions under which lots of land mall be granted by his Majefty to fuch perfons as will undertake to cultivate them, but makes no mention of any duty to be paid on the exportation of the com modities that (hall be produced on them. In the month of October of the fame year, The kin s s J prccidina- 1763, was published his Majefty s famous pro- tion under clamation under the great feal of Great-Britain, fejpjj in which he declared it to be his pleafure to Great - Sl i- tain in Oc- erec~t four new governments in the territories tober,^?, which had been lately ceded to the crown of new civa Great-Britain : to wit, the governments of s overn ; ments m Quebeck, Eaft-Florida, Weft-Florida, and Gre- ths coun- v*; 1 T i 1 TV T n i tries ^ely nada. In this proclamation his Majeity exhorts ceded to the his fubjecls of Great-Britain and Ireland, and Great-Bri- his colonies in America, to refort to thefe new tain - governments, and fettle in them, and avail themfelves of the great benefits and advantages which muft accrue therefrom to their com merce, manufactures, and navigation : and, as an encouragement to them to do fo, be pro- p w & of r the Englifli rnifes them that they fhall be governed in the mode of fame manner as the other Englifli provinces in America, by a governour, council, and affembly, b ^ a gover- Jo " nour, coun- as foon as the fituatron and circum&inces of the cil, and af. M m m faid eni y> t 458 ] faid new governments will admit of the calling And of the of fuch affemblies ; and that, in the mean time o?L be- and until fuch affemblies can be called, all perfons laws of the inhering * n > or re for ting to, the faid colonies, England. m ay confide in his Majeflys royal protection for the enjoyment of the benefit of the laws of his realm of England. Colonel In purfuance of this proclamation, his Ma- Melville s . . . commiffion jelty, in the month of April, 1764, appointed our 8 ofGre- R hert Melville, Efqj captain-general and go- nada, and yernour in chief over the faid ifland of Grenada the Grena. dines, and and the Grenadines, together with the three, c/Domini- (formerly neutral) iflands called Dominica, St. ca, Saint Vincent s, and Tobago, by a commiffion under Vincent, and TO- the great feal of Great-Britain. This corn- April, miflion was nearly of the fame tenour with thofe of the governours of Quebeck and New- York and the other royal governments in Ame rica, and authorized governour Melville, with Iteontain d the advice and confent of the council of the faid * over to a new p rov i nce > an( ^> as f con as ( he fituation and call aflem- circumftanccs of the faid iflands would admit blies of the freeholders, thereof, to fummon and call general anemblies of the freeholders and planters of the faid iflands, and, with the advice and confent of the [ 459 J the council of the province and fuch afTemblies, to make, conftitute, and ordain, laws, ftatutes, and ordinances, for the publick peace, welfare, and good government of the faid iflands and the inhabitants thereof, and fuch other perfons as (hall refort thereunto, and for the benefit of the king, his heirs and fucceflbrs. . . , n Governour Governour Melville arrived in the itland of Melville Grenada, with this commiffion, in the follow- ing month of December, 17643 and, in pur- with his . , . . . commiffion fuance of the powers contained in it, he fum- of gover- moned a general affembly of the freeholders December and planters of the iiland, which met in the 1 7^ An aflem- latter end of the year 1765. biy meets about Dec; 1765. In the month of July, 1764; that is, after Injuiyi;64 the publication of the royal proclamation of damatioTi Odtober, 1763, (which promifed the inhabi- ^f " h e e d un- tants of the iiland of Grenada, as well as of great feal of i-^ n * TTT n T^I Great-Bri- Canada and Eaft and Welt Honda, the im- tain for mediate enjoyment of the benefit of the laws of England, and, as foon as the circumftances of thofe new governments would admit thereof, on good the Englifh mode of colony-government by a fSm the governour, council and alTembly,) and after j} and f Mmm 2 the [ 46 ] the palling of governour Melville s commiflion of governour in chief of that ifland 3 but before the arrival of it, with the faid governour, in the ifland j his Majefty publifhed another procla mation for impofing upon the inhabitants of Grenada, by virtue of his royal prerogative, the fame duty of four and a half per cent, upon all dead commodities, of the growth of the faid ifland, which fhould be exported from it, that Was already paid in the iiknd of Barbadoes, and the other iflands before-mentioned, in con- fequence of grants of the afTemblies of thofe The words iflands. This proclamation was exprcfled in of the faid ,- -, ^-> , / i / / prodama- thefe words. George the third^ by the grace tion. O j: G re at-Rritain, France and Ire- king, defender of the faith, &V. to all " to whom thefe prefents Jhall come, greeting. k * Whereas a certain impcft y or cu/tom, of four <( pounds and an half in fpecie for every hundred c< weight of the commodities of the growth and " produce of the ifland of Barbado.es, and of the " Leeward Caribbee iflands in America, flipped " off from the fame, or any of them, is paid and " payable to ?/j, our heirs and fncc effort : " And, f 46! ] > whereas the ijland of Grenada was conquered by us during the late war, and has been ceded and fc cured to us by ths late treaty of peace : " And, whereas it is reafonable and expedient, and of importance to cur other fugar ijlands, that the like duty Jbould take place in our faid ijland of Grenada : " WE HAVE THOUGH? FI?, and our " royal will and plcafure is ; and WE DO fbrefaid HEREBT, ET VIRTUE OF OUR PRE- 1 .. " ROGATIVE ROTAL, ORDER, DI- dead com- " RECT, and APPOINT, that an impofl y modities of " or cuflom, cj four and an half per cent, fliall, " from and after the zqth day of September next ct enfuing the date of thefe prefents, be raifed and exported " paid to US, OUR HEIRS and SUCCES- the tc SORS, for and upon all dead commodities of " the growth or produce of our faid ijland of " GRENADA, that flail be flipped of from " the fame, in lieu of all cufloms and impojl ce duties hitherto collected upon goods imported " and exported into and out of the faid ijland ^ under the authority of his mojl Cbriftian Ma- c jelly : AND that the fame flail be collected, paid, and levied, in fuch manner, and by fuch means > and under fuch penalties and for feitures, as the faid impojl, or cujlom, of four and an half per cent, is, and may now be, collected, paid, and levied in our faid ij!and of Barbadoes and our faid Leeward iflands. CC 1C And we do hereby require and command the prefent governour or commander In chief, and " the governour or commander in chief for the <c time being, and the officers of our cujloms in " the faid ijland of Grenada, now and hereafter * e for the time being, and all others inborn it may " concern, that they do, respectively, take care " to collect, levy, and receive, the faid impojl, ce or cuftom, according to our royal will and " pleafure, fignified by thefe prefents. Continua- <e And. whereas a poll-tax was levied and r* v * poll-tax le-" paid by the inhabitants of our faid ijland of vied on the <t Q rem( j a ^fa/ft j f was under (ubjcfti on to bis inhabitants of Grenada m ft Chriftian Majejly, FT IS OUR ROTAL oVthV 11 6 " WILL AND PLEASURE TEA? fucb FrenC ^ n g t" " poll-tax as was levied, collected, and paid by " the inhabitants of the [aid ijland, whilft it " was " was under fubjeftion to his moft Chrijlian cc Majejly, Jhall be continued therein during tc our royal will and pleafure ; and that the " fame Jhall be colle8ed\ levied, and paid to " us, our heirs and fucceffbrs, at fuch times " and in fuch manner ; and by fuch ways and ft means, and under fuch penalties and for- * c feitures, and upon fuch terms, and with fuch " privileges and exemptions, as the fame was et collected, levied, and paid whilji the faid " ijland was under fuch fubjeftion to his mojl cc Chrijlian Majefty, inafmuch as the fame are C( not contrary to the laws of Great-Britain ; ce and that the account and number of the in- <c habitants and JIaves therein fliall be, from. " time to time, kept, and delivered in, by fucb. " perfon and perfons, and at fuch time and ec times, and under fuch regulations, fanElions, fl penalties, and forfeitures, refpe lively, as, " and under which, the fame were taken, kept, " and delivered in, during the time the faid " ijland was fubjeff to his mofl Chrijlian Ma- " J e fty* as a fore faid, inafmuch as the fame are " not contrary to the laws of Great -Britain. " And WE DO hereby REQUIRE and " COMMAND the frefent governour or com- " wander ft (C [464] mander in chief \ and the governour, or com- mander in chief, for the time being, and the federal officers of our revenue, now and for the time being, and all others whom it may <{ concern, that they do refpectively take care " to collect, levy, and receive, the money arif- * ing, and to arife, by the [aid tax, and to " pay, and account for, the fame, to the re- " ceiver -general and collector of our cafual <e revenue in our faid ijland, for the time " being, according to our royal will and pie a- < c fure ftgnified by thefe prefents" This was the tenour of the letters patent by which the king, by his royal prerogative, impofed the faid duty of four and a half per cent, on goods exported, on the inhabitants of Grenada. FRENCHMAN. Truly the ftyle of this inftrument is very lofty. There is a great deal of requiring and commanding, and of the royal will and pkafure, in it -, which muft have made the French in habitants of Grenada recoiled: the ftyle of their former fovereign, who deals much in expref- fions of the fame kind, fuch as I oulom et or- donnons, et il mus plait > and Cartel ejl notre b&n plaijir. [ 46* ] falatflr. But furely this muft have been very r */i i alarming to the Englifli inhabitants who were mation C lately come to fettle in that ifland, and who f 1 * have * been very had been accuftomed to very different notions alarming r 1 T n 1 /i to the ncvv of royal authority. 1 mould imagine they muft Enghftfet- have been thrown into great confirmation by it. J-. ers 1 *J J Lirenada, And even the inhabitants of England itielf had It ought a!- no great reafon to be pleafed at feeing an attempt aiarmeTthe of this kind in a country that made a part of inhabitants , . ofOldEng. the Britifh dominions, and in which the king landitfelf. had declared by his proclamation of October, 1763, that the inhabitants mould be governed by an afTembly of the people, as foon as the circumftances of the iQand would admit of it, and, in the mean time, mould enjoy the benefit of the laws of England. For they might rea- ionably apprehend that, what was done at that time in that part of the dominions of the Crown, notwithftanding the declared right of its inha bitants to be governed according to the laws of England, might one day or other be made ufe of as a precedent for an act of the like nature }.n England itielf, or for the imposition of 3. new tax en the people without confent 9/ parliament, f- Nan ENG- ENGLISHMAN. Yet it was Your remark is very juft: and, I think, it very little attended to ought to have been fo coniidered in England. in England, g^ j do nQt ^ ^ ^ wag on, the contrary, that little, or no, notice was taken of it there. Even the members of the Houie of Commons who were moft in oppofition to the meafures of government, faid nothing about it, though it would, in my opi- It would nion, have been a jufter ground of complaint have been / . J b r . a better againft the minuter or irate, who adviied it, fo^com- ( which was Mr - Geor g e Grenville) than any plaint in other thing they could alledge aeainft him. parliament & & againft the Nor would it have been at all Surprizing if the Houfe of Commons had, in confequence of fo time than dangerous a meafure, addreiTed the king to any other matter that remove both the minifler who advifed it, and the Lord Chancellor, who concurred in it by putting the great feal to the above-mentioned letters patent, from his prefence and councils for ever. But the fact is, (which I don t well know how to account for) that nothing of that kind was fo much as talked of. FRENCH- [ 467 ] FRENCHMAN. This omiffion of the Britifh parliament to An ; n f e - take any notice of fo dangerous an ad of royal drawn from prerogative, merely, (as it fhould feem,) be- Sj^f^" caufe it happened out of the narrow limits of B ntifti par- their own iiland, feems tojuftify, in fome de- the injuries gree, the defire of the Americans to be exempt pe"pilof from its authority. For, if the parliament is America. difpofed to exert its authority only for the pur- pofe of laying taxes on them, when defired by the officers of the Crown to do fo, and not for the purpofe of procuring taxes to be taken off, when illegally laid upon them by the Jingle authority of the Crown, the Americans will have a right to fay that the members of the Britifh parlia ment have not that fellow-feeling for the con dition of their American fellow-fubjecls which is neceffary to induce them to take proper care of their interefts, and to qualify them to be the conftitutional guardians of their liberties. In fuch a cafe (whatever the law upon this fubject may have been heretofore) it feems to be a matter of neceffity towards the future good government of the American provinces, either Either the that they fhould, for the future, fend repre- America N n n 2 fentativcs bers to the Britifh parliament, or the parliament ought to forbear to tax them, and refign tuat part of its authority to -the American aflVmblies. [ 46S ] fentatives to the Britim parliament, who, it may be hoped, will be more attentive to thei. interefts than the Britim members, who already lit there, have, by experience, been found to be, or that they mould be left to take care of their own concerns in their own aiTemblies, without any interference of the Britim parliament, at leaft in this important bulmefs of taxation. ENGLISHMAN. The Americans reaion in this manner, and The mini- with but toojuft caufe ; fince, till within thefe in England, twelve or fifteen years, neither the Britim par- Tlil Wlthin liament nor the minifters of ftate in England, or fifteen fetmed to take the leaft concern about the pail, have affairs of America, (except as to the regulation * t ^ ieir trade >) an 7 further than as it ferved no other fa c latter as a fund for them to provide for their view than as a fund to managers or parliamentary elections, or lor P oor reat ns > or or tner companons, and favour- w ho had run out their fortunes in keeping itesj except . - 1 as to the re- company with them, or for their other iavcu- the trade r ^ tes > ^y 8^ v ^ n S them the offices of governours, thither. or chief juftices, of the American provinces, cr thofe other more defireable employments of provoil-marflialls and clerks of the councils, fccretaries a t 469 J fecretaries, regifters of deeds and patents, and regifters in Chancery, and the like, which we have already fpoken of, and which might be executed by deputies in America, who farmed them of their principals in England at con- fiderable rents. Thefe are old and juft com plaints of the Americans, and which I therefore wim to fee removed. But, when the produce Negligence of the four and a half per cent, duty at Barba- dees, (which was granted, as we have feen, badoes by 6 > , . . , . . the Britifh for the maintenance or the king s authority in parliament that ifland) was diverted from the purpofes for which it had been granted, and was given away "u c rj- - T i j tionsofthe in pennons to perlons rending in England, or produce of fpent in fome other manner in England without cent. 4 duty r any regard to the welfare of the people of Bar- P* ld ! n that J " t ifland. badoes, in almoft every reign (as I believe,) fince the year 1663, in which it was granted, to the prefent time, I do not find that the Br]ti(li parliament has ever complained of fuch mif- application of it. Nor, when the fame duty Negligence was laid on the inhabitants of Grenada by the re fh of^ho king s prerogative in the year 1764, (which, Q and ? f as you juft now obferved, was a meafure of fo b 7 theBri- \ T i i T-, -n ,. tifli parlia- very alarming a nature J did the JDntifh parha- ment upon ment take the leaft notice of it. And other LjJii!Sj fuch wtfccfaid dut/ of 4!- fer cent by the firgle authority cf the Crown on the inhabitant of the iaid ifianU in the ear 16, t 47 I fuch inflances might be given of their fupine- nefs and infenfibility with refpect to the con cerns of America. So that I think you are perfectly well warranted in the conclufion you draw from their negligence, to wit, that they are not, in their prefent condition, worthy of, or fit for, the high truft of being the guardians of the liberties and interests of America, notwithftand- ing they may, by the law, (as it has hitherto ftood,) be intitled to act as fuch 5 and, confe- quently, that it is now neceffary that they mould either admit reprefentatives from the American provinces to fit and vote in the Britifh Houfe of Commons, (with the circumftance of an annual re-election, to keep them dependant upon their American condiments and attentive to their welfare,) or that they mould renounce the government of America for the future in the important article of taxation, and leave them to be governed, with refpect to that fubject and to their other domeftick concerns, by their own aflemblies. However, I will now, if you pleafe, return to the hiftory of the four and a half per cent, duty in Grenada, of which you defired me to relate the particulars. FRENCH- [ 47 ] FRENCHMAN. I beg you would. For I long to hear the Of the lequel of it, and particularly to know upon ^K It * what ground the officers of the Crown could P robat >ie that the pretend to juftify fo arbitrary a meafure as the king s mi* impofition of a tax on the fubjects of the crown gate in the of Great-Britain by virtue of the royal prero- ? ear I76 /h J J imagined it gative only. For, as this was done in the ad- to be lawful miniftration of Mr. George Grenville, (who, theiaiddu- by your account, was a very able and diligent cen^tf-the minifter of ftate, and who had iludied the con- rin le au - n r j 11 thority of iutution of his country and was animated by a the Crown. zeal for its welfare,) I cannot help fufpecting that there muft have been fome circumstance belonging to the ifland of Grenada which di- ftinguimed it, in his opinion, from the other dominions of the Crown, and made it more immediately fubjecl to the power and pleafure of the Crown. For, furely, a minifter of his character would never have adviied the king to impofe a tax, by virtue of his prerogative alone, on the inhabitants of Great-Britain, or even of the old Englifh provinces of America; more efpecially as he was, at that very time, prepar ing to make ufe of the authority of the British parliament [ 472 ] parliament for the purpofe of impofing the {lamp-duty both on the inhabitants of Grenada and of all the other provinces in America. There is fome myftery in this which I do not comprehend, and which I therefore hope you will explain to me. ENGLISHMAN. I agree with you in thinking that Mr. Gren- ville was not a man that would have advifed the king to lay a tax, by his prerogative only, either on his fubjects in Great-Britain or on thofe in the old Englim colonies. Indeed it would have been madnefs to attempt it in either of thofe countries. But, I will even go further, and am willing to believe, that he did not wiih the king to have fuch a power, and would not, therefore, have advifed his Majefty to afTume and exercife this power in any remote and helplefs part of the British dominions, in which he had conceived the conftitution of the government and the rights of the inhabitants to be the fame as either in Great-Britain or the old provinces of America, fo as to form a pre cedent of the kind you mentioned, which one day be made ufe of to the prejudice of [ 473 ] of the liberties of Great-Britain or the faid Englifh provinces. But he conceived, (as I conjecture,) that the impofition of this duty on the {kid* 8 the inhabitants of Grenada by the royal prero- S rounds - gative was warranted upon two or three peculiar grounds, which related to that ifland only, and diftinguimed it both from Great-Britain and Ireland and from the old Englifh provinces of America. Thefe grounds were as follows. I ft. The circumfhnce of its beinp- a conquered lrt &* - ^ ri s ht of country; which, m Mr, Grenvilles orjimon, conqueft. probably, made it liable to be governed by the king s abfolute will and pleafure. 2dly, The zdly, the ftipulation contained in the anfwer to the 6th the king s article of the capitulation, which was in thefe Jj^J 1 ]* words, " That the Inhabitants, beinv [ubiecis of tlne 6th ar - -a , t:deof thc Great-Britain^ will enjoy their properties^ and capituia- th e fame privileges as in the other his Majeftys r Leeward ifiands ;" from which words Mr. Gren- vilie might, perhaps, think it reafonable to infer, that the intention of this article of the capitu lation was to make the inhabitants of this ifland liable to pay to the Crown the fame taxes as were paid to it in the other Leeward ifiands, of which this duty of four and a half per cent, upon dead commodities exported, was one. Coo And, jdly, The fuppreffion of the old French du ties ; which gave to the new duty of 4i per cent, the appear ance of an exchange. Remarks on the in- fufficiency of the faid. reafons. Infufficien- cy of the fecond rea- fon, derived from the re ference to theLeeward iflands in the capitu lation, [ 474 ] And, 3dly, thofe words of the letters patent impofmg this duty of four and a half per cent, which declare the faid duty to be impofed in lieu of the duties formerly paid in that ifland upon goods imported into, and exported out of, it, in the time of the French government. This fuppreffion of the old French duties gives the imposition of the new duty the appearance of an exchange, and, if the French duties were heavier than this new duty of four and a half per cent., (which is, however, more than I can affirm,) a benefit to the inhabitants of that ifland. Thefe are the reafons which (as I con jecture) induced Mr. Grenville to advife this extraordinary meafure; which otherwife I am utterly at a lofs to account for. FRENCHMAN. Thefe reafons have fomething plaufible in them, but do not feem to be fufficient to juftify fo extraordinary a proceeding. For, firft, as to the anfwer to the fixth article of the capitu lation. In order to ground the inference you have mentioned, it will be necefTary to under- ftand the words the Jams privileges as in his Leeward i/lands, to mean the fame burthens burthens and taxes, as well as privileges, as are found in thofe illands -, which is a harm, doubt ful, unnatural, interpretation of them, and by no means fufficient to be a ground for exacting a tax from the inhabitants of the new con- queft. The more natural meaning of thefe words feems to be this ; <c That, as the inha bitants of the Leeward iflands have the privilege of paying no taxes but fuch as they have them- felvcs freely granted to the Crown by their ail emblies, fo the inhabitants of Grenada mould have the privilege of paying no new taxes but fuch as they (hall themfelves freely grant to the Crown by an afTembly of the fame nature as thofe of the Leeward iflands." This is truly a privilege -, and a very important one ; and therefore muft be fuppofed to have been con veyed to the people of Grenada by the word privileges in the capitulation. And it muft further be obferved that, if the inhabitants qf Grenada had become liable to pay this duty of four and a half per cent, by virtue of this fixth article of the capitulation, which granted them the privileges of the inhabitants of the Leeward iflands, they would have become fo immediately upon the conqueit, in the year 1762, and not Ooo 2 have t 476 ] have continued free from it till the year 1764, when it was impofed by the aforefaid letters patent. For the provifions of the capitulation were principally, if not wholly, intended for the fecurity and benefit of the inhabitants of Grenada during the continuance of the war, and until the final fettlement of their condition by the treaty of peace, when the ifland would either be reftored to the crown of France or ceded to the crown of Great-Britain. The treaty of peace made a new and more perma nent provifion for the future condition of the inhabitants who fhould chufe to continue in the ceded ifland -, which provifion muft be fup- pofed to have fuperfeded the articles of the capitulation in all points in which it did not exprefsly confirm them. Whatever therefore was not judged to be binding on the inhabitants of that ifland by virtue of the capitulation in the interval between the capitulation and the treaty of peace, while the capitulation was the only inflrument of authority relating to them, ought not to have been impofed on them, under pretence of the capitulation, after the conclufion of the treaty of peace, which put an end to the validity of the capitulation, except [ 477 ] - except in thofe articles which it confirmed, which I do not perceive to have been the cafe with this fixth article of the capitulation, which mentions the privileges of the Leeward Caribbee iflands. So that 1 think this pretence of a ground for impofing this duty of four and a half per cent, upon the inhabitants of the ifland of Grenada by virtue of the capitu lation in 1762, is very weak and inefficient for the purpofe. Nor indeed is there the lead allufion to the articles of capitulation in the letters patent, which impofe this duty, as you have recited them : but they mention only the conqueft of the ifland and the ceflion of it to the crown of Great-Britain by the treaty of peace, and the inconvenience that will ac crue to the other fugar iflands in the Weft- Indies, if Grenada mould be exempt from the payment of this duty while the king s other fugar iflands pay it, -as the grounds for im pofing this duty on the inhabitants of the ifland of Grenada. And then it is ftated, in the claufe which impofes this duty, that it is in lieu of the duties, both of importation and exporta tion, which ufed to be paid in the time of the French government, So that I am inclined to think [ 478 ] . think that Mr. Grenville, or whoever elfe ad- vifed his Majefty to lay this duty upon the people of Grenada, did not rely on the faid iixth article of the capitulation as a legal ground for fuch a meafure, but refted it rather on the rights of conqueft and on the circumftance of its being a kind of exchange for the duties which had been paid on goods imported and exported in the time of the French govern ment. ENGLISHMAN. You may poilibly be very right in this opi nion : and I am inclined to join with you in it. But I was willing to mention every circum ftance that could poiTibly be fuppofed to miflead Mr. Grenville into fo wrong a meafure : for as fuch I muft ever confider it ; the other two grounds that we have mentioned, that of the right accruing to the Crown by conqueft, and that of this duty s being laid in lieu of the French duties, being both of them, in my opinion, very far from fufficient to juftify it. FRENCH- [ 479 FRENCHMAN. The latter of thefe reafons is evidently a Infuffiden- cy of tbc very weak one. For , in the firffc place, the third rea- r v French duties, for which it is infmuated this was an exchange, were already abolimed (when winch isde- nved from this new duty was impofed,) by the abolition a fuppofi- of the trade to Old France. It was therefore newdutyof impoffible that this new duty mould be an 44-P ercent - J is an ex- exchange for thofe old ones, which no longer change for Had any being. And, in the fecond place, French if thofe French duties had continued to fubfift duties * after the peace by a permiffion, on the part of Great-Britain, to the inhabitants of the iiland of Grenada to continue to trade to Old France, yet no exchange could have been made of thofe old duties for any new duty without the confent of the people who were to pay it, unlefs it were by virtue of the fame authority which would have been fufficient to lay any new tax upon them without abolifhing the old ones. For every exchange implies the confent of both the parties that make it, in order to its being a real and fair exchange : and no man has a right to take from any othet a houfe, [ 480 ] a houfe, or a horfe, or any other part of his property, and to give him fomething elfe .in the lieu of it, without his confent, even though the thing fo given in lieu of the former mould be of fuperiour value to it. A forced ex change is therefore either an adl of violence and injuftice or an act of fuperiority and authority. And all that can be inferred from the abolition of the old French duties paid in the ifland of Grenada, in favour of the impofition of the new duty of four and a half per cent., is, that it would have been reafon- able, and equitable, and expedient, that the (aid new duty mould be impofed there by Jbme proper and adequate authority in lieu of the faid French duties that were abolimed, but not that the king thereby acquired the right to impofe the faid new duty by virtue of his royal prerogative. The expediency of having a new tax laid on the people for any publick fervice will never, in any country, veft a particular magiftrate with the legal right of impofmg fuch a tax, if he had not the faid right before ; but will only juftify the magiflrates, or other perfons, who are already pofTefled of fuch a legal right, in exerting it for It 481 ] for the purpofe of impofing fuch reafonable tax. So that, in my opinion, the only ground upon which Mr. Grenville could, with any appearance of reafon, juflify this meafure of advifing the king to impoie a tax on the people of Grenada by virtue of his royal prerogative The fir & reaibn a- only, was the right that might accrue to the bove men- Crown, to govern them according to its will ^ t ne t hi and pleafure, in confequence of the conqueft.; ri s ht of . r t conque t, is which indeed feems to be the ground priri- that which cipally infifted on in the aforefaid letters pa- toTe^dicd tent, by which the laid duty was impofed. on 1 . n the - * J ^ [ royal pro- How far this ground is fufficient for this clamation purpofe I do not know. But I never yet heard the faicUu- that the kings of Great-Britain governed thofe - ^-^ provinces in America which they had obtained by conqueft, (as the province of New- York in North- America, and the ifland of Jamaica) in a different manner from their other pro vinces, which were planted by colonies from Great-Britain. I beg you would therefore c ^ the pre- inform me what the law of England is under- ihf crown ftood to be upon that fubjecl, or what rights J G . r ^ t \ * J o i/ntM iwith the crov/n of Great-Britain is fuppofed to ac- ri -^pect to . conquered quire over conquered countries after the nnal ceflion of inch countries to it by the former ibvereigns of them. Ppp ENG- ENGLISHMAN. This in quiry, toge ther with the other matters ihat remain to be dif- cuficd on the fubjett ofAmerica, inufi be poitponed to fome other op- poitunity. You are entering upon a curious and im portant fubjed, on which I will endeavour to give you all the fatisfaction in my power ; though I doubt whether I (hall be able to fatisfy you perfectly upon it, becaufe it is a matter that is by no means clear and fettled amongft the Englim lawyers themfelves. But, as this inquiry will probably run into confi- derable length, and we have already fpent fo much time in this political converfation, I muft beg leave to poftpone the consideration of this and the other fubjedls I promifed to touch upon with you, concerning the expediency of removing the apprehenfions of the North- Americans that bifhops will be eftablimed amongO: them without the confent of their arTemblies, and concerning the expediency of amending the conflitutions of the provincial councils in the feveral royal governments, (which are governed only by the king s com- millions, without a charter,) by increafing, to at leaft twice their prefent number, the mem bers of fuch councils, and appointing them to hold t 483 ] , Bold their feats in the faid councils during their lives or good behaviour, inftead of the mere pleafure of the Crown, to fome other opportunity. FRENCHMAN. Well; I am forry we are obliged to part, though I muft needs confefs it is high time to do fo, as the day is fo far fpent. But I hope we fhall foon meet again, to compleat the difcufiion of theie fubjecls, which have greatly excited my curiofity. In the mean time I am very much obliged to you for the infor mation you have this day given me. So fare well. THE END OF THE FIRST DIALOGUE. 8 iii v LM//, 3 1158010749710 UC SOUTHERN REGIONAL LIBRARY FACILITY & v SI ex - ^ S>irfB-i<-Ttm, ill . >- i 05. I rr;; ^Awuc -N. -j ^v -s^ ANGEtflu -3 oe % UJIiVD iO> i ir i ir" JJ 9 i gJcJ f i