m m S^-MM s--'i '¦,xy-, -> 'r %Xj j^'/.-^t *' if}, I** wM 4ft 'mt >uil iM., ffikkZS ,.?•,' J-, YALE UNIVERSITY LIBRARY A COLLECTION Of the moft INTERESTING T R AC T S, Lately publilhed in England and America, On the SUBJECTS of TAXING the American Colonies, AND Regulating their TRADE. In TWO VOLUMES. LONDON: Printed for J. Almon, oppofite Burlington-Houfe, ill Piccadilly. M.DCCLXVI. CONTENTS OFTHE TWO VOLUMES. ryJMMER's Defence of the New Eng- •*-^ land Charters. Otis' s Rights of the Colonies. Confiderations on the Propriety of Taxing the Colonies^ £y ikfr. Dulaney, o/" Ma ryland. ' The late Regulations of the Colonies confider- ed. 5j/Mr. 'Dickenfon, o/" Philadelphia. Late Occurrences in America conf dered. Account of a Conference on the SubjeSl of Reprefentation. ' Rights of Parliament vindicated. Application of political Rules to England and America. Short Hijiory ofthe ConduSl of the Miniflry in the Repeal of the American Stamp AB. TwoProtefls ofthe Lords againji-that Repeal, with a Lift of thofe who voted againf it in the Houfe of Commons. ^ The Privileges -of the IJland o/' Jamaica. A N ACCOUNT OF A LATE CONFERENCE O N T H E OCCURRENCES in AMERICA, In a Letter to a Friend, LONDON: i^rioted for J; Almon, oppofite Burlington Houfe, ia Piccadilly, m.dcc.lxvi. { Price One SbiUing- 3 (3) LETTER, c» Dear Sir, I WAS dpwn at my friend — — 's vilk fpendingthe Chriftmas holidays, when Iwas favoured with your letter, r.e« quiring me to fend you an accbunt of the moft prevailing opinions concerning the occurrences in America t as they : have been; happily called j — and it fell out, fortunate ly enough for my purpefe, that there were four or five gentlemen in our company, who, having brought down all the late American prints, fcarcely talked of .any thing elfe ; — whereupon, as I found they were all men of acute underftandings, tho of different opinions on the fubjedt, I con trived without ranch difficulty to caft them B into ( 4 ) into a converfation, or argumentative dif- cuffion of the feveral points in difputej which having fet down, as well as my me mory would allow me, I here give you, as the beft anfwer I can make to your let ter. , The principal ipeakers were Mr. Leiv CESTER, Mr. Cornish, Mr. Fergus, Mr. Conner, and Mr. Fenn ; and I fet them on the argument, by obferving to them, as they feemed all to have well coofide»ed the matter that gave rife to Aefe OQcuf»» fences, and each to be the naafter there^ in his own. way> tb.at it would W h^h^ ¦ entertaining, and perhaps aifo fi£eSvd to fome of us, if they would communif ate and compare their thoughts on the fubje^t at large j-^wheia Mr. Leiceftej began thus^. I can pafs an hour or twoj in ftid^ a con» verfation, with a great deal of pleaf«re,i though I muft obiecvej^ that fee the omoA part, there's no eiMt answered, in difcour- fing vatgvtdy, as. people onhaarily i^, on points of this nature, without having any B^cd principles ^ wherein being agreed^ they may come to fome reafoaabie coadu- •fionsi' (5) iionsj— fof inftance, and to the purpofo now under our GOnfideration,-*^what is th* fpirit of the Bfitifti conftitution, in the bu* finels of taxing ?— is it not, that no free born fubjedt fliall be taxed* otherwife thaa by his own confent per&nally, or by his reprefentative, or by a majority of his fel* low citizens, or their reprefentatives ? PENN, Certainly, we may all admit this as a fundamental principle of the conftitution. ALL* Agreed ! CORNISH. Neither do we ever vary from this prin* ciple i at leaft, not fince the re^n of the unfortunate Prince who paid for the con* trary experiment with his head j^^^but I underftand that the members of the B— fti P — t are the reprefentatives qf all the B— fli people, wherever refiding. ' FERGUS. Aye, furely. PENN. Pardon me, gentlemen, if t differ from you, ai?d endeavour to define this a Httle B 2 , more ( 6 ) more nicely. — The members of the B— ih P— t can only be the reprefentatives of thofe who have the power of chufing them, and that power is confined to thofe only who have property and refidence within the ifland. Wherefore, according to this defi nition,' (which is no other than a defcrip- tion of what we all know to be the plain matter of fafl:,) none but ih.Q proprietors of this ifland alone have reprefentatives in the B— P— , CONNOR. . I am intircly of Mr. Penn's opinion, and by confidering his definition together with the fundamental laid down by Mr. Leicef- ter, it feems clear to me, that, though in a general fenfe, we are all fellow fubjecfts, whether our properties lie in Britain,' Ire land, or America, yet are we not fellow citizens with refped: to parhamentary rights, no more than a citizen of London, is of courfe a citizen of York, that is, his being a freeman of one of thofe cities does not . qualify him to ferve an office in the other; he, whofe landed propertylies in Britain,j is a citizen of that ifland, and if he has ' Jikewifelaiided property in a province of America,! (7) America, he may be "a citizen alio there; but the one does not, ipfofaSio, intitlehim to the other. CORNISH. •From what you fay, it fliould follow, that it h property and not people that are re prefented. CONNOR. That feems manifeftly to be the ca!fe. FERGUS. What think ye, then, of the houfe of P — rs, foms ferve in their ^wn perfons, others are reprefented, and yet we cannot fay, that the qualification of an eledtor a- rifes^ from fiis property ! LEICESTER. Let TIS not embarrafs our prefent dif- cuflion with that part of the conftitution j We'll firft confiddr what relates to commo ners only, and treat that part of the fub- jed at another time. CORNISH. . Well then, I fay, there is property, to a very great amount, in this ifland, that has no reprefentative in P — t, no more than ; hastheproperty of Ireland, or America. » / ' LEI- (S ) LEICESTER. If you mean copy or leaf hold lands, tho* fuch diftindlions are ufelefs, and may be confidered as a blemifli in our fyftem at this time of day ; yet you know it may be anfwered, that fuch lands are already re^ prefented by the lords of the manors who poffefs the freehold of them j — or if you mean fuch property as may be in tfie hands of women, infants, ideots, or paupers be* low the legal ftandard of qualification.— C-e^RNISH, No, I mean none of thofe, but will ex plain myfelf, and faye you the trouble of gueffing.^ — I fay, then, that the rents which particulars draw from the public funds-: a- lone, are fufficient, as to their amount, to qualify thirty candidates for every feat in P — t ; but as the revenue from the funds is notthat fort of property thatcanlegallyqua- lify either the eledlor or the candidate, it will be found on calculation, that there are about 450,000 people maintained thereby,! who, though they may be refident within the ifland, where thi* property is fuppofe4 to exift, yet bav<:, in confequence thereof, no ( 9 ) no reprefentative either in Great-Britain, or any where elfe. LEICESTER, What you fay, is certainly true, fo far as regards their property in the funds, which Iconfider as a very great irregularity and an inconvenience in our fyftem; and I look upon thefe 450,000 ftock penfioners, as fo many idle by-^ffianders ; to maihtaiu whom, die land labourers and manufadnrers mufl: work fo much the harder, or muft put themfelves upon fliorter diet, in order to fpare fombwhat for thefe idle men of ima ginary property; — whence arifes this out cry of dearnefs of provifions, and high price of labour : But as the funds are a very new and fijigular kind of property, very diffe rent indeed frorti our colonies, thefe being the off-%ring of frugality and induftry, and thofe of war and diifipation, I fuppofe, we have not had time to Imderftand th« whole of their nature and effect in our^on* ftitution, fo as to make them thoroughly fuitable therewith. ¦PENK. ( IO ) . ' PENN. Yet, thus far, the adminiftratlon have confidered juftly in regard to the proprie tors of the funds, namely, that fince that part of Britifh property has no reprefenta tive in P — t, they exempt it from paying any taxes whatever. CORNISH. Well faid, Mr. Penn, the adminiftra tlon are certainly -much obliged to you, for finding fo equitable a reafon for that poli cy, whichi I'll venture to fay, they never thought of themfelves. CONNOR. There's no doubt, Mr. Cornifh, but your remark here is hiftorically juft, the exemption from taxes was -calculated as an invitation extraordinary to foreigners, , as well as natives; but fince we muft allpw that Mr. Penn's reafon is an equitable one, we may, as well indulge him in fuppofing that it did operate fomething thereto; for, I am of opinion, that if the political one had not already caufed the end to be 6b- tained, the equitable one would have for ced its way at laft. LEI* ( " ) LEICESTER. I incline much to your opinion, Mr. Connor ; — the Roman hiftory furnifhes us with an inftance not very wide of the mark : — It is well known how to all the world, that notwithftanding the great increafe of ¦ dominion to that republic, their felfifh and contradied views prevented them from be- ftowing the freedom of their city, on even their moft a,ntient and faithful allies ; vain ly hoping that poized on the fame narrow bafis on which their government had ftood in the infancy of the republic, confined to the inhabitants of afmall circle round Rome, they might ftill continue to lord it over their diftant and extended provinces. The firft effexft ot" which felfifh policy, was, a civil war with theirltalian allies and colo nies (called the focial war,) to whom in the end, and after a great deal of blood fpilled, they were obliged to grant with an ill grace, what, a founder policy would have taught them to offer before it was demanded : — the fecond was, that continuing ftill under the fame error of affedling to keep all'the world Tinder the government of zfmallfe- C nate ( 12 ) nate chofen from a territory strj narrow and difproportioned to the extent of their doipinions, -pojls, anfl offices of power and profit become more numerous than the fenators themfelves; the wealth of the world centering in fo few hands, foon put an end to all order, and a daring fervant overturned this narrow-bottomed republic by the event of a fingle battle. CORNISH. What different piidtures may be drawn from the fame original ! You feem to mark out in this bold flcetch, that the Romans delayed too long to make their allies and colonijis citizens of Rome ; and Mr. Montefquiou, on the other hand, affigns their granting that privilege at all, to fuch vaft numbers, as one of the chief caufes of their ruin. PENN. I can very well fee, that Mr. Leiceftef had one eye on his original, the Roman ftory, and the other pn a fubjedt much nearer his heart;: — neither the JRomana, nor Mr. Montefquiou, it is probable;, thought of, or confidered fully, the happy eX'- ( »3 ) expedient fo well known In our confti- tion, and which, without douht, Mr. Lei- cefter had in his mind, I mean that of a people exercifing their power by repre fentatives ; for had the Romans known this moft excellent contrivance, (or, if Mr. Montefquiou had fully confidered if, I think he would have found out that) there was, evett in Caefar's time, both vir tue and good fenfe enough remaining to have adopted it, and by that medium to have extended their citlzenfhip and form of government to all their dominions.— For, certainly they ruined their govern ment by the abufe of two extremes, a fenate too fmall, corifidering the extent of their power and their duration, as they fat for life ; and an affembly of com mons (with power of delibering, ha ranguing and rafhly enadting) whofe num bers were fb exceffive that it was almoft imipoffible to meet without riot and con- fufion. FERGUS. I do not fee that this method would al together prevent that confufion; for, if the' reprefentatives be increafed in pro- C 2 portion ( H ) portion to the acceffion of dominion, their numbers may rife fo high as to make the maintenance of order utterly impoffible. PENN. ^ Good orders win do a great deal; wc know that the great council at Venice confifts now of about a thoufand members, it has been heretofore above three times as many, they both deliberate and vote, and they never run into confufion. CONNOR. But, fuppofing the danger of confufioa out of the queftion, how could fuch a, matter be effected, how would it be pof- fible to fettle fuch a proportion of repre fentatives from the provinces, as fhould be thought on all hands to be neither too much, nor too little ? FERGUS. This would be a difficulty indeed, for, there arc many people who do not think that colonies or conquered countries have any right to expcft fuch a favour at all. CON. ( >5) CONNOR. Such people as thofe we fhould refer to hear another chapter of Mr. Leicefter's Roman hiftory ; but in fadt we have no body of people, properly fpeaking, under that circumftance; for, admitting we have conquered lands in America, or elfe- where, if the conquered inhabitants con form ftrldly to the Britifh tpfts of alle giance and religion, their children become free-born fubjeds to all intents and pur- pofes, and may, by purchafing eftates in the mother-country, become members ,of the legiflature ; if they do not conform, they are treated as foreigners living under thfe protciftion of our laws, but incapable of enjoying pofts, or exercifing any le- giflative or executive power whatever.— On the other hand, when a native of the mother-country buys an eftate in a con quered province, would it not be contrary to all reafon to fuppofe, that he has, there by, forfeited his native rights, and fallen into a degree of flavery .'' COR. ( i6) CORNISH. No, no, we muft not fuppofe that.-- However, I do not fee, that laying taxes on the Americans, fimilar to what we lay on ourfelves, and regulating their trade fb as it may not interfere with our owrl, can be confidered as fubjefting them to any thing like flavery. — For, when they left this country, it was for their own pleafure, on a profpedt of private advan^ tage ; they did not put themfelves under foreign protection, they continued ftill under ours; they left the legiflativt power, to which they were fubjeft, here behind them, and here it has remained ever fince, and here I hope it wifl ever re main without diminution. — For here lies the point, the right, the right. Sir; and if we give way ntow, there's an end of the dignity FERGUS. No ! no, Mr. Cornifh, I cannot joia you there; for, in my opinion, neither an individual nor a community can de rive any dignity, refpedt, or authority,! from ( 17 ) from obftlnately adhering to a meafure after it is difcovered to be a wrong one ; - — the wlfeft may be drawn into error by Dverfight, or through artful mifreprefen- tatlon ; but it is the part of folly or kna very only, to continue wilfully therein, on any pretence whatever, after the dif- covery is made; — therefore I hope wc ihall make ufe of no fuch arguments her? among ourfelves, though I muft own, with concern, I have heard them in the mouths of men of feme figure. I am more afraid of lofing, than in hopes of gaining, by pufhing punctilios too far ; and am pqrfuaded that the fupremacy of the pope would have lafted entire to this day, or that epifcopacy would never have been banifhed from Scotland, if the hot heads of thofe times had not urged their rights with too high a hand. LEICESTER. I entirely agree with J^ou, Mr. Fergus, and therefore let us confider, of what ufe can it be to demonftrate a legal right (by the help of a parcel of abfurd fidlions') if, after ( i8 ) after all wc flioUld want power to fupport that right ?— Or, what, wife man would think of exerting his power, if the ex ertion was more likely to hurt than to avail him ? — I may affert, that I have a natural right to cut off one of my own limbs ; and I may prove, that, taklng^ a hatchet in my right hand, I have power to chop off the left ; — but what beneiit| fhall I derive from this manly exertion ? Our American provinces, ^s far as theyJi are peopled, became fo, from the freedom that adventurers found they could enjoy there, and from the advantages which that freedom afforded to commerce;— if that freedom and thofe advantages were taken away, by reftraints , and taxations laid on, agalnft the will of the inhabi tants, that is, at the pleafure of an ex ternal power, there can be no doubt, that fuch an operation would exadtly undo all that the contrary method had been doing ; and that the fwarms of people which fled thither, from the calamities of Britain, during the civil wars, and afterwards from Ireland, by reafon of the reftraints laid on their their manufaaures and commerce, I fay* it could not be doubted, but thofe fwarms qf people (or their defcendants) would fearch for fome new aflylum, and abandon the lands once more to their origin aj lavages. CORNISH. t)o yoif think, then, if we were to en force fo juft a law, as requiring a mode- fate aid from thefe people, that their higK-fpifitedfiefs Would carry them fo /ar, as td abandon their dftates Jfnd fuch im- menfe property as fo'me of them havtf got ther6, and' to expofe themfelves to all the hardflilps arid poverty of new Adventurers ? LEICESTER; I am clearly of that opinion, but wil( not take up our time now, in faying any ^hing farther iii' fupport of it, beCaufb' I do not fee how fuch a' laW pould be enforced; ¦^— for where people have immerife pro perty, they muft of courfe have immerifd ^ower; arid, with fiieh a people, accord- i^g to the principles of our cohftitu- P tion. { ^0) : ton, ndthingcanbe done, but by their, own confent, that is, if we want theif* aid, or, in other words, if we want them to bear fome part of our burdens, we muft' allow them alfo a fliare in our privileges;' for, I can hardly think there was ever any \body vifionary enough to propofe, that, \in imitation of the Great Turk, we fhould fend a bafha, with a fleet and army, to coUedt the tribute of the etnpiFe. C 0 I? N o R. No, furely; — that's an abfurdity fb gla-' ring, that it needs only tobe mentioned, the confutation arifes inflantly iu the mind of the hearer. — ^But, as I was faying, Mr. Penn, (a little while ago) fup pofing the number of reprefentative^ to be ralfed to a thoufand, how could that number be allotted and proportioned ? PENN. Nothing more eafy. — For why may wc not imitate what we fee fuceefsfully prac-r tifed every day by.privatt perfons, who affociate themfelves to carry on projedtsof trade or other lucrative adventures, which require the advance and rifle of a confi- derable • (21 ) derafele cajpital, and the exrcife of fklU and judgment in the condudt thereof. — They ufually divide the fum total of the - required capital into a certain number of parts or fhares, to each of which parts they annex the right of one vote ; the . fubfcrib^rs engage, according to their a- billties or inclination ; and he who buys the greateft number of fhares, that is, he who runs the greateft rifk, and pays the greateft part of the expence, has alfo the greateft number of votes in that com munity. CORNISH. My good Sir, do you mean that, by this fine proje(fi, we fhould open a dopr for five or fix hundred Americans to come 'm and vote us out of our own houfe ? L"E I CESTER, I fee no reafon to apprehend that, un- lefs we can fuppofe the Americans able and willing to pay five or fix parts in ten of the public expeneei, that is, about five or fix milHons per annum ; — for in .that manner, if I underftand Mr. Penn ifjghtly, the defire, in any one part of the Da flatQ 7 (22) ftate to over- rule the refl by an up^Hff| majority of votes or reprefentatives, wpiild be curbed by the exceffive price they muf| pay for them. 'pen. That is exa- machs of fome of our countrymen, that it jcould never be got down ; nay, would difg.uft them to that degree, that I think ]they would notfuffer any plan to be brought before them that favoured of fuch a doc trine. For do we not confider our inte- reft in boroughs as a part of our eftates, and confequently any fuch alteration, as you intimate. Would be an immediate vio lation of private ¦ property, which we cat| pever confent to, LEICESTER. My dear Cornifh, I know you have too much public virtue to infift on fo mean an argument, which is np whit better than . that offered by ^ gentleman fome years pgo, in oppofition to the projectors of a jiew harbour on a dangerous part of the f coaftj> ( 24 ) coaft, namely, " that their fcheme would t " prejudice his.rights asLord of theManor,| < ' by depriving him ofthe benefitof wrecks.**^ Reprefentatives were undoubtedly intend ed, from their origin, to have been eledt^>: ed by the frfee votes of a free people ; and if by any unforefeen accidents they' have fallen in particular places into a different channel, fuch alterations are an abufe of the original inftitution, and fhould be rec» tified as foon as they become manifeft*. PENN. Though I ,am of your opinion, Mr, Leicefter, yet from what I have obferved of mankind, both in the hiftories of times paft and of our own, I have found that bodies politic are ^s Xqueamifhly averfe to medicines as the moft froward children^ nothing but the immediate fear of diffolu- tlori, or the force of bribes, can prevail with.tihem to take, any thing under the nameofphyfic; in fhort, there is nothing they feem to hate fo much as to be mend ed. Therefore I fhould be for leaving every part of the old fyftem as it now Is, that every kingdom, or province, fhould (Tpntiitu^ (25) continue its parlianient, affembly, or what ever other form of internal government it is poffeffed of, and defray all its own ex pences within itfelf ; and fuperadd, for the union and utihty of the whole, a newfve- reign council, confifting of deputies from each province of this great common- wealth, according to the plan before-mentioned ; that is, each province to fend as many de puties as fhould correfpond with a propor tional fhare ofthe general public expence, which on all occafions they muft pay. That this fhould he in the place of thai commpnly called the privy council, and fhould be always fitting to advife the crown in all the public concerns of the common vjealtb, oi peace and war, and the funis of money proper to be raifed. Tha^t the boards of treafuryf admiralty, and trade, fhould fee executed by committees of this council, and that the office of Lord Conjiable fhould be revived, but the execution thereof lodged in the hands of a fourth committee f which fhould have the fame power over the army, as the Admiralty has over the feet. That the aSls of this great council, with the King's ajfent^ fhall be binding over 6ver the whole common-we$Ith ; but^ that they fliall meddle vi^Ith nothing that can be confidered as the peculiar bufmefs.! of any one province in particular ; that after it has decreed what fums fhall be raifed,, each province fliall he left to find fuch ways and means for raifing thpjr qupta as they fhall think moft proper for theif own condition; c d N N o R: But if the members of this great cotfn-f Cil are nefer to be diffolved, as I thinly you propofe they fhould always be fitting, might not a pradtlfing minifter foon h% lible to mould them to his humour ? PENN. Sir, though I fay they fhould always be fitting (that is, there fhould be no diffo4;j lution, though they might haye fome rer cefs by adjournments) it yyfould not^ hov?^ , ever, be in the power ^f a minifter to pradtice much upon^ themasi fhouldcontriy^ matters ; tot after the firfl; year, the feY.e- ral!^ provinqes fhould be obliged to recall" half their number, and fend new ones in jfeheir places, arid every year followihg to' ( 27 ) do the fame thing ; fo that every year one half of the council would be new men, and all thofe who went out fhould be in capable of being re-ele(9:ed for the fpace pf two years enfulng. CONNOR. Well, but might not fomething be done with the members of the four great com mittees ? for two years (the time which each member may continue in the coun cil) would be lon^ enough to admit of pradtice*, PENN. That fhould be provided agalnft in this manner. Let us fuppofe, that each of thefe four committees ,co,nfifted of fix members, to be qhofen by ballot in the Venetian manner, that each committee fhould, by the fame method, chufe a chairman, who fhould have power of firft Lord, or firft Commiffioner, in the man ner pf the prefent boards, for the fpace of one month, at the expiration whereof he fhould leave the committee, and be inca pable of being re-eledted therein for twelve mojiths enfuing. His place as a committee E maa ( 28 ) fna^n fhould be fupplied by ballot from ani| by the great council, and the vacancy of firft Lord, or chairman, filled up In like manner by the committee, and fo on toties quoties. — And by thefe meaiis, I think, very little room would be left fpr pradtiee§, CONNOR. Would you give this great councij power of impeachment arid attainder ? PENN. Certainly, In all matters that coacernq4 their own body, or the general welfare, or that could not be determined prop^Iy bjj any one province, they fhould have fulj parliamentary pov/er. FERGUS. I obferve you draw a gpod deal fronj the Venetian model; but is It Dot noto rious, that their government is particularly deficient in the very point which we feem to want, namely, the' goveriiment of diftant provinces, they havmg loft moft part of their dominions on the Terra Firma, M fhpir diftant iflands ? ( 29) PENN. I have only imitated fome part of vviiat f think they are moft perfedt in, and have avoided their only error, that is, their ¦felfifh principle, which, by confining the whole of their powelr and freedona to the nobles only, made it impoffible for fo fmall a number (being at moft hut 400a families, and nPw not above ioqo) to keep the numerous inhabitants of diftant provinces (who were ftill rhafters of then- Own lands) iri i flavifh obedience to the laws of a government; in which, having no manner of fhare^ they of courfe were neither intereffed tP fupport, nor willing to obey, .any longer than they were com pelled vi & armis. Which violence, be ing direflily contrary to the genius of trade,' will always be found ruinous, if not Im- pradticable, in a commercial fhite. Their great council never changes but as fome die and as young men grow up, becaufe in fadt it takes in the whole community of freemen, the reft of the inhabitants being only like fojourning ftrangers as to their perfonal rights, and as flaves with refpedt E 2 t5> ( 30 ) to their property. Whereas the greaf council here propofed, being only a reprefentative of millions of freemen, | IS' half changed every year, and to tally every two years ; and the intervals of two years, during which old members are kept out, gives opportunity for fo manyi other able perfons to ftep into the fervice of their country, that the idea of being go verned by a cabal, or junto, can riever arife to give jealoufy or uneafinefs to the moft diftant provinces, who, on the con trary, will all feel that they have an equi table fhare in the adminiftratlon. CORNISH. But why do yPU propofe to revive the office of Lord Conftable, which, as we ard told, was fuppreffed for having had' too much power annexed to it to be trufted in the h^nd of any fubjedl } PENN. That might have been the cafe when it was in the hands of an individual for life and hereditary ; but When exercifed by the^ .joint judgment of fix chofen men, the chairmaft ( 31 ) chairman having only a calfting vote wheit fteceflary to prevent a flop in bufinefs by an equality of voices ; thefe fix perfPn^ changing every month, and as foon a? they quit their committee, immediately accountable for any mal adminiftratlon ; I fayj fuch a powef-, fo lodged, runs yery little rifk of being abufed. Befides, in truth, it is my opinion, that the conftitu tion has never been perfedt fince the fup- preffion of this office ; which, in order that the King fhould do no wrorig, had provided officers in every branch of thgf executive,- who were to a(S under his name, but were accountable in their own perfons. The power of interefted mini^ ifters working on the weaknefs of former [priftces, in purfuit of reverfionary grants^ (Converted many temporary offices into he- iredltary ones. Under fuch a change of order it would naturally happen fome- times, that the office would be difgraced by the hands it fell into ; fuch incongrui- 'ties, I prefume, made this office odiou> both to King and people, when unfortu-* nately they faw no middle way to redre^ the evil, but fuppreffed it altogether. Had their ( 3i 1 {here been a conftable in the reigri oif Charles the firft, that unhappy Prince eoul(j riot have fadlen into thoofe errors, whiclj overturned the government and himfelf. But when the Prince can take the fwor^ of war into his owri hand, difmifs officers, and garble an armyjj as James- the lid didi 1 think the ma^imaj that the King can di no wrangi feems fonaewhat problematlciali and the Prince hereby left oec4fiona% ex- jofedy in bis own petfon, to the refeaU ment of his people, for waoit of an imme diate ofBcer, on whom the htaime of any toifdoing might j uftly fall . FERGUS. ¦Well, this is a very pretty fcheme, Mr. Penn; bat, I dembt, if you were to pub^ lifh it, it would -fare no better than maay other ingenious prpj^dts of fpeculative men 6f the laft age ; all which fleep ve^ji quietly on the upper fhclves of our modern tirtuofi ;— for the graad difficulty (au^ Vfhich, I fear, is informountable) is, hwn to perfuade any man, or fet of men, t9 part with any portipn of power which thej ( 33 ) now have, and think themfelves ftrpng jenough to keep. PEN, Why, really Sir, I ft^ould think myfelf a very fhallpw politician indeed, if I had fuppofed men could be perfuaded to part with any thing they liked, unlefs ife were for a valuable cpnfideration or when forced thereto by neceffity. But as I am of opinion, that fuch pofitions dp pow and then occur in public affairs as peceffarily require material alterations, I have maturely confidered on this fubje<3; from a perfuafion, that one time or other we fhall be under a neceffity of adopting fuch a fyftem, or one very like it, to fave US from fomething wprfe. But I repeat, |:hat I am fure we fhall never do it, till forced by neceffity. If you'll allow me to relate to you what I know to have happened in a private family, you may judge from th§;ice~ what might alfo fall putin a larger fociety under fimilar circum- |laiiceSy I. EI- ( 34 ) LEICESTER. We are all attentive; pray go oh, PENN. A country gentleman, mafter of a well conditioned manor of a thoufand pounds a year, had half a fcore children portioned byfettlementwith about a thoufand pounds a piece ; he prudently confidered, though l?red up In his youth to arms, that the moft certain and effedtual way of encreafing his fortune, and raifing that of his children,- was tp apply himfelf to farming his own lands and bringing up his fons to merchant dize ; by which means they foon became not only able to msintain themfelves, by employing their little fortunes in merchant- venturing, but were alfo very ufeful to their father, in taking off all his produdts, even at his own price ; fuch was their filial af- fedtlon towards him. — But unhappily the old gentleman increafed not In virtue, as he did in theprofperltyofhis clrcumftanccs, on the contrary, like Npali when he took to drinking, he turned out a very debauch ed old fellow ; fo that under the influence- of his bad example and inattention to his affairs, his feryants plundered him at hom?, a«4 ( ts ) £rid his fteward, whP went fnacks with tH& ' lawyers, engaged him in broils and dif- ptttes With his neighboiirs, till he became fc involved iri debt, that he Was no longer able to pay his labourers Wages/ afid fup port his current experi'ces; iri which diftrefs he conceived the fafh projedt of dravvih'g bills of exchange ori his fons, payable at fight without farther advice.— The fons, who had always pundtually paid their fa ther for what they bought of his goods, and had never received of him arfy thing but their oWri' fortunes, were alarmed at this innovation; arid imputing it to the ill ad vice of his fefvanfs, who had fo much the ^fcendarit over him/ that they (though his flefh arid blood) Were treated as ftrangerjf in the family houfe ; Ifay, his fons, alar med at this irtriovatiori. Wrote an humble remonftranee to their father, befeeching him not to take fiich ari arbitrary courfe with them'.— But he, fpirlted up by his wicked ferVants^ who kfept him co'nftantly drunk, — flung thelf letter back without reading, and would hear nothing from' them ;-— 'fwore in a great paffion that as he was their father, whatever was their 's, was his ; — that if they refufed to render quiet- F ^ C 36 ) ly what he demanded, he would fend an^ take It by force, and punifh them corporally for their difobedlence.— At this, the fons, (who wereaffedtlonate and loved their pa rent, though theygrieved for the weaknefs of his dotage,) were obliged to convince the old gentleman that they were no lon ger of an age to be treated as infants, fee ing they were all married and had families of their own ;— ^they protefted his bills, and refufed to take any more of his wool or corn ; by which his diftreffes were doubled, for he had fo quarrelled with all his negh- hours that none of them cared to buy any thing of him.— However thefe laft diffi culties foon brought him to a better under- ftanding, and inftead of going to law with his fons, as his roguifh fteward advifed, he was become fober enough to confider that the only iffue of fuch a conteft muft be, ei ther to ruin them or be ruined himfelf, ei ther of v/hich would be to lofe the fruit he had been fo long labouring for, that of eftablifhing his family in W-ealth andprofpe-' rity; wherefore, continuing ftill fober^ he defired an interview with them, ingerifi* oufly acknowledged how he had been mif- led and abufed by a pack of profligate fer- vantsy ( 37 ) yants, offered to take his fons into part- perfhlp with him, and defired they would affift him in reforming his houfe. — "Which they, as they riever wanted filial affedlion iand a true fenfe of their duty, readily con- fented to ; and fhey now are the family of the greateft power and confderation in their country. At the end pf this difcpurfe we all fat ftaring at one another, nobody, I believe, knowing well what to fay, v/hen a fervant came In to tell us, fupper was on the table, which put an end to this conference. — And here alfo I beg leave to finifh my letter ; from your's &c. fan. iz, 166. P O S T C R I P T. I had almoft forgot to tall you, that af ter flipper, when fome remarks were made on the foregoing fubjedt; one of the com pany, who had taken no part in the argu ment before, obferved, that ,Mr. Penn was not fo very fingular, nor new in his pro- pofitions as fome of the gentlemen fee'med to think, for, fays he, toffing a ragged pa per on the table, " I have had that plan ** in my poc.ket for feveral months paft- ' F z ( 3M *f and the perfon from whom I received it, ," fdd it was handing about, and, as he ,*' fuppofed, was under fome fort of pub- " lie confideration.'' With the gentle^ man's leave I borrowed it till the next day, and the following is a copy of it. Scheme of reprefentatives to a general parliament, proportioned to the probable numbers of people in each prq- vince, and to the certain fums to be con- tributed by each province to the general fund fpr public fervice, that is, for the fupport of commotio government in peace and war, (the particular fupport of each pro^ vincial government being tp be left to its pwn iuternal management) being after the rate of io,pop/. per annum, to be eontribated by each province fpr every member fent by them ; (vyhen 52I. per annum was >tl}e parliamentary allow ance fpr a feaman, viz. at 4/. per mpnth.) The amount pf the people fuppofed in each province, is put fomeys^hat arbitrarily>i in fuch eyen numbers as will divide by 20,000; that being the number of people whid!, by this fcheme, is fuppofed able to contribute a fum fufficient to intitle thc-m to fend one reprefentative. Bqt ( 39 ) moreover, as by this plan, property, ra ther than barely the numbers of people, gives the title of fending reprefentatives, • — each province having right tp fend one member for every- ip,o ool. they contri bute annually to the general fund; fo the provinces where, by their fituation, great part of their work is done by flaves, pr where great numbers of the pepple are difqualified, by being Papifts, may never- tlielefs find among them a fufficient number of qualified men to reprefent them. In proportion to their wealth and contributions.^ All prefent taxes, du ties, &c. ^o be repealed. The probable number of perfons in the whole dominion, at this time, is 16,760,000, which being divided by 20,000, will make 838 parts, or fhares, in the whole ; and fuppofing the feveral provinces able and willing to fend, for each fuch fhare, one member, and in con sideration thereof to contribute 1 0,000 1, to the general fund (more pr lefs, accord ing to the annual neceffity) the whole would make a revenue of 8,380,000!. yyhlch in detail may be ftated in the fol-^ lowing manner : (40 ) •g s-z: ? Names of Provinces. SuppofedNo. of People 3 » 0 3 a r^ ? ^ S 0. 0 S '" fi, 0 '-' nr s,* • S O'^ pi: Brno 7 S- r?? Onada, and il: i,ts De- ', pendencies « • ;' 100,000 s /50,00a Nova-Scotia, C.Breton ] ^nd Newfoundland ; ' ^ ¦ ' 20,000 I 10,000 Maflachufett's - 280,000 '4 140,000 New Hampfhire - - 40,000 2 20,00#! Conneflicutt - - - 200,000 10 1 00,000 Rhode-Ifland 80,000 4 40,000 New York - - . - 160,000 8 80,000 \ Jerfeys - . . - ¦ 120,000 6 60,000 Penfylvania - . 280,000 H 140,000 Maryland .... 1 60,000 8 80,000 Virgiiria .... 280,000 14 2 140,000- 20,000 N. Carolina ... 40,000 S. Carolina - . 80,000 A 40,000 Georgia, E.&W. Flor. 7 Bermudas & Bahamas i 1 20,000 1 10,000 All North America 1,860,000 93 930,000 Barbadoes ... 100,000 5 50,000 Jamaica ... 180,000 9 90,000 Antigua' ... Nevis, St. Kitt'SjMont- y 6o,oco 3 30,oco ferratt, Grenada, St. C 6o,coo 3 30.M!? Vincent's, &c.' 3 All the W. Ind. Iflan. 400,000 20 200,009 England and Wales - . Scotland . - Ireland lOjOOO.OpO i,;oo,oco 500 7S 5,ooo,oot 75o,oo"6 3,000,000 150 725 1,500,008 i3K G. Britain and Ireland 14,500,000 7,250,000' Grand Total of the 7 Brjtifc Dominion S 8,380,01^ 16,760,000 838 N. E. It IS i^^ppofed, that the increafe of people and wealih in tHeiie» provinces would foon raife the number of ftares to » thoufarid, and tk. yroport.onal revenue of courfe to ten millions. Thus on this plan. th. inceafeofdommion, by extending our colonies, would neither be dangi. TOUS CO our liberties nor an addition to our expences ; but on the con- tr.iry ike the new buildings in the pariflies of Maiybone and St. Georg*, would lighten the taxes of the old ones. ' ^ f i N I S. THE Rights of Parliament yiNDr CATED, Qn Occafion of the late S T A M P - A g T, In which is expofed THP CONDUCT Q F THE AMERICAN COLONISTS. Addreffed to all the People of GREAT BRITAIN. ^ " Timnem Divinj, humanique raoris Memoriam abolemus, " Cum nova peregrinaque patriis & prifcis prseferimns. " Ufus & confuetudp Parlamenti eft lex Parlamenti, " Lex Parlamenti eft le^f Angliae, " Lex Angliae eft le:f terras, " Lex tens eft fecundum Magnam Chartam. T ; -r—- ~r- ' L Q N D O N : Printed for J. A l m o n, . oppofite Burlington-Houfe, in Piccadilly, i "jdb. [Price One Shilling. J ( 3 ) T ri E k-ignts of Parlianient, ^i:. AFTER all the pamphlets pub- liflied on occafion of the difpUte between the c®lonies, and this their mother-country; all the arguments iifed pro " arid con / the pains taken by ma!ny fenfible and learned men to unra--' vel a queflion; which,' at firfl View," ap peared complicated, and which at pre- fent feems perfe£!ly well underflood ; it |nay be deemed impertinent to attempt any thing more on the fiibjedl. But the lower ckfs of people are not -capable of deep reJifonin^ ; yet they, have a right to be ihformed iri all great conf^itutional points, arid that in fuch a mariner as fhall be adapted to their uriderflandings. I fhall therefore enter upon the fubjed: without further apology > and, as I write chiefly for their fakes, ^all (attempt at leaft! to) treat B jthi§ X 4 ) this important point in fuch a plain way^ as fhall render it perfcdlly intelligible to the irieanefl reader. The Americans pretend to be aggrieved by the late Stamp-adt, udder pretence that it is contrary to their charters, and an infringement of the rights and privileges], of Britijh Juhjedis, who can only be taxed hy their own conjent, or that of their legal re- pre fentatives: they indeed, for the prefent, acquiefce in the fupremacy of the Britifh legiflature, and therefore fubmit- to the laws of trade and navigation (which they 'Cdll external taxes) but .they deny the power of the Britifh parliament to im- ipofe internal taxes upon them, becaufe they are not reprefented in a Britifh Houfe of ¦ Conimons, Now I will tell you, what is , generally unierftood by external and internal taxeis, ori as a great;* author faith, by foreign and inteflirie taxes: and my meaning in telling it you. is only that you niay have a little idea of what the Ahiericans mean bythe diflindlion; for, if you will read thefe few flieets with attention, you will find that the fame authority which hath the right of impofing the one tax, hath alfo the right of impofing the other. By ex ternal ox foreign tax, is meant fuch' as is ^ ' ^ * Petit jus parliamcntarium. • • raifed (5) raifed on trade or merchandize exported or imported, or, ih other terms, the laws of trade and navigation ; and this' the A- mcricans fometimes condefcend to allow. By internal or inteffine, fuch as is raif ed in the commerce and dealing that is at home within ourfelves j and this they deny. From this diflintStion of the Americans, (your colonifls) there refult a, few points, which, that you rnay the more clearly comprehend, I will fpeak to feparately, under the following heads, I ft, They allow of external taxes, as futjedts of the realm", but deny internal ones, becaufe- they are not taxed by their own confent, as not being reprefented in a Britifh Houfe of Commons : and hence hath arifen a vague diftindlion (calculated merely to deceive you) between the repre fentative and legiflative capacity of the Houfu- of Commons, as if they could only impof.i taxes by their reprefentative capa city, but could make laws and ftatutes by their legiflative power. Now, in order to enable you to judge clearly of this mat ter, you muft be informed, Firft, Whether, by the laws of your conftitu'tion, there is any real, diftiriftion made between the right of impofing ex ternal and internal taxes, - Secondly, Whether there is any diftinc- IJon between the reprefentative and legi- B i flativc ( ^ ) flative capacity ofthe Houfe' of Comriiqn§, Thirdly, Whether the i^merican colqr nifts are not as fiilly reprefented in -a Bri tifh Houfe of Commons, as any of you whq are not eletStprs, that ig, who haye not a right of voting at the election of a mera». •ber of parliament. Thefe three great points being once diP cufl'ed, I will tfiep endeavopr'td fhew yon the falfehood of , the AiBeticans aflTertion, viz. that the impofing internal taxes is aij infringement of their charters. Firfl, Whether, by the laws of your conftitution, there is any diftindtion made iaetween the right pf impofirjg jfiternaj and external taxes : By Magna Charta it appeareth, that the King cannot lay taxes ripon his fubjtd^ without the, confent of parliament, which confifled of the * archbishops and bifhops, the abbots, the earls, the greater barons, and the tenants ip capite : and therefosp- ih6 King and high court of parliament conftituted the fupreme legiflature,. which v.as, and is, and muft, frpm the natur^crf it, be endued with all powers incident to fupremacy, ip every country and in every government. What thpfe powers are you fhall hear ;- * Archiepifcopos, epifcopos, abbates, comites,' ma- jrres barones, e'tomnes illos qui de nobis tenent in -capite. - ' ¦ f Whatf' (7 ) f Whatfoever is fegulariy deteriiiincd f« and approved of: ' ' . '- I ft, ** By the counfel arid confent of *' the great men, magnatum. 2dly, ff By the general ^greetnent of " the commonalty. 3dly, 'f With the feg4 authority firfl f obtained."'Thaf hafli the force pf la>v."— [Bruc- fon. > ,. Agaiii : The flatute of Magna Charta, Charta de Forefta, and the pther ftatutes, were made by the king ^nd h^s predepef- fors, the pejer,s, and the comnions pf the realm. Statute of 1 5 Edw. III. , Again : ^'Whatever cpncerns $he eftate ;* of the realm ^nd pfeople fhall be treate4 'f of in parli^iments by the king, with the " . ppnfent of the prelates, earls, barons, j" and commonalty'* of the realm, as f* hath been cuftomary heretofore." Sta- |qte 17 Edw. II. .'' I could quote you ipany mpre authori- tie§, but thefe wil) be .fufficient to fhew you -what plefiary and abfplute authority, pre-eminence and jurifdidion were infe- parably united, ar^nejced, and belonging tq parliament. And therefore I will no\sf * The commons wece furpmoiied not for their confent to taxa'.io;is, brut for divers and arduous bul^- flefles, *' prodivcrljs^i^i'duisnegqti.i's," •( 8 ) fet down a fummary ofthe many great ob- jedls of parliament. They eriadl laws- ^hey repeal former ones. They regulate times prefent and^ to come ^ ' V Transfer the rights and poflefhpns of private perfons. Legitimate baftards. Make laws concerning i3ie worfhip of God. Change, weights and meafures. Settle the right of fucceffipn. Determine controverfies where the law is uncertain, or hath made no provifion. Value mens eftates. Impofe pole money and cuftoms. Pardon offences. ^ Reftore families ruined by the delln-- quencjes of their anceftors, &c. — (Sir Thomas Smith, Secretary to Queen Eli-; zabeth. You fee plainly then, that there is no diftindtion between internal and external taxes, and that the power of impofing any taxes at all is but one of thofe adtsdf fovereignty inherent in the legiflative au thority i and therefore a great * man who ftudied our conftitution, and who drew all his conclufions from thence, very juftly faith, " the power pf impofing taxes, and * Petit ji^sparliajnentarium <« of (9) «' of making laws, are tonvertitia & coin^ " cider^tia; that is, whofoever can do the " the one can do the other. " And this will appear evident to you, when you confider the nature of all taxes;, and the ?nd for which they are impofed, viz. to enable govcfriment to provide for the fecurity and fafety of all the Britifh domi nions, that y.qu may enjoy your property in peace arud quietnefs. Now if the par liament, with the afTentof the King, had only power to impofe external taxes, that is, *]Lipon your imports and exports, and that, you was to have a French or Spanifh war, your trade muft fuffbr in proportion to the means you would 'want ' to defend it ; and if no internal taxes were to be laid, by parliament, there would be no money to fit out any fleet to protedt your trade, which being loft, the tax upon it could bring in nothing at all; and thus you vs^ould be wholly at the mercy of the enemy, not only for your trade, but for your lands and property ; fo that the parliament would have only the po'^er pf cramping you in your trade iri time of peace, and not of providing for your fafe ty ia time of i^var. And this fhipws the folly of the diftindtion made by the Ame ricans on this head,, only calculated to leflfcn the authority of the Britifh parlia ment for their own felfifh views, and to ' ' undermine ( IO j ,^ iiriderminc Qtir conftitution, by denying the fupremacy of the legiflature ; and t5 colour their proceedings, they riiake a dif- tifldtion between the reprefentative anci le giflative capacity of the Hotife of Com mons; as if the Houfe of Gomriions had a right of impofing * external taxes by vir tue of their legiflative pevv^erj btit not in- ' ternai ones, becaufe they do not reprefent. the townies : by which fuch members of parliament, as have property both in Eng land and America; might tax their con- ftituents in this, country, .vs^hife they kepf? their eflafees iri America free frorii allftax'- atlpns. This is anew dodtrine, void of all foun-^ " dation, for the Ptoufe of Comriions hold their legiflative power by virtue of being the reprefenta'tives of the people, and by that tenure only ;' and one of the great- prerogatives of the legislature is, the power of iriipoiing taxes,' internal as well as ex- terrial;,fQ that when' one of your Ameri-' tancolonift^ deny the right 6f parliament to lay any intetnal taxation on them, they muft, by a parity of reafon, deny all xhe legiflative power of the Houfe of Com- mbirs over them ; for by our happy cori* ftitution the rights and privileges of a Bri- * There is no real diftin£lion in the conftitutianv, between the pov^er of impofing internal and txterriU' taxationsi ¦ ; tiiii ( II ) tifh fubjedl are not confined within the bare limits of being taxed only by their own, confent : no : they can refufe oba» dience to every law or ftatute whatfoever, not rnade with their own confent, that is to fay, which their reprefentatives fhall not have affented to ; and the Houfe cf Commons hold their right of afl*enting, only, as hath been faid, by virtue of their, reprefentation ; from whence it neceffarilyi , follows, that whatever fubjedl can legally. refift a taxation, under pretence of not be ing reprefented in a Britifh parliament, can as legally, under the fame plea, refufe obedience to ariy other adb of parliament, and to every other adl of legiflative pov/er, exercifed under the different heads already enumerated, and many moi;e which might be given; fo that if this argument ofthe colonifts proves ' any thing, it proves too muqh, and by a fair inference, itends to releafe them from all dependence on the legiflature of Great Britain, at the fame time that they are fworn liege fubjedls to the King, and claim every valuable privi lege of a free-born fubjedl ; and this mufl appear to yoii all very abfurd, becaufe, in fuch a cafe, ,, all who have a mind to be mutinous and refradbory, and rife up againft the power of fovereign authority vefted in the King and high court of par liament, would have the fame right with C , yott ( 12 ) you, that are loyal, dutiful, free-born fub- jedls; and what thofe rights are I will fet down, for your fatisfadtiod, as I find theffi recited in ons of the American charters. " To inherit, or purchafe, lands, te- *' nements, revenues, fervices, and othef' " heriditaments, in any part of the King's " dominions ; to occupy, enjoy, give, fell, " alien, and bequeafh the fame, freely •' and quietly to poffefs all liberties and ** franchifes of this kingdom." So that they can qualify themfelves for freeholders, and even beconle members of parliamentj and thefe valuable rights they adlually en joy at the tirrie that they are refufing to fubmit to a juft and legal adl of the fu preme legiflature, by a filly difference of reprefent^itive and legiflative capacity,* a mere jingle of words, and a diftindtion Vv'ithout a difference. You have already been told, that the le giflative authority, in every countfy, muf! • have all the powers incident to fupre macy. That in this country the common s^ hold all their fhare of power in the- Icgifllitiire by virtue of being the reprefentatives of the peoph, and by that tenure only^ * There is no diftiiiflion between the reprefenta tive and legiflative capacity of the Houfe of Com- inons. ' ¦ ¦ That ( 13 ) That whoevef hath the right of im pofing external tajfes, muft alfo liave the right of impofing internal ones, from the nature of fovereign power. That whoever hath the power of mik- ipg laws, hath the power of impofing taxes. ,^ From all which, yo.u will naturally con clude, that the cplpnifts are really repre fented in a Briti^i parliament, without which they could not even be fubjedl to pur laws pf trade and navigation, or to ^ny other a<9: of parliament. I fhall there fore difcufs this point, and. leave you all to judge, whether the.American colonifts arte not as fully reprefented in parliament »& any of you who are non eledlors, that is, who.hav,enot a right of voting at the eledlion of ^member of parliament. The propofition. maintained by therri is^^ " that no Britifh fubjedl can be taxed' but; '* by his own confent in perfon, or by his " deputy." Now this is not the confti- \ tution, nor doth Magna Charta exprefs any | fuch thing; for by thal.rule noEnglifli fub jedl would be UableTo any taxation who had riot a rip-ht'of voting at the eledlion of £L. jmember of Parliamerit ; and by a very mo derate computation, there would not be a fifteenth part of the people of England, or above five thoufand of the inhabitants of ScoiUnd, reprefented at all. Whereas alf C z that ( 14 ) that Magna Charta fays, is, that the King ihall lay no tax on the fubjedl without con fent of parliament, which is defined to be an afi^embly of the Archbifhops, Bifliops; Abbots, ^arls^ Greater Barons, and Te nants in Capite, who, with the King's affent, had a right of impofing taxes . on all the fubjedls of this realm. Such of the inhabitants of England, as did not ftand in one of the abovementioned ranks, were precifely in the fame predieaili ment that non* eledlors, non free-holders are, now; and yet, faith Sir Thomas Smith, " Whatever, the people of Rome couldfe. *' do in their Comitia Centuriata, or Tri- " bunitia, all thpfe things are properly " tranfadled in Englifh parliaments, as " being affemblies in which both Prinde- " and people are reprefented ; for we are *' all fuppofed to be prefent in that affem- " bly, of whatever quality, ftation or dig- *' nity, whether noble or ignoble, by our- " felves, or reprefentatives. . . How far this may be applicable to the colonifts^ can only be known by going back * A.Tiong the non eledtors are the freeholders of. the city of London, who, as fuch, have no vote at an- clf(aion either in the city of London, or county of Middldex, and yet by a moderate calculation pay above one ftventeenth part of the land tax of the whole ijnU ted kingdom. To thefe may be added the merchants pt London, aild thofe whofe property is inthe funds, ' to ( 15 ) , to their forefathers, the original planters, and examining their condition and rights at the time of their feparatirig from their parent ftate ; for it is a maxim well known, " that no heir can inherit greater rights and " poffefllons than the perfon pf whom he " inherits was intitled to :" And altho' the rule of prefcription hath place in many in- ftances between fubjedl and fubjedl, and .fometimes between nation and nation, yet can it never be pleaded between fubjedl and fuprisme legiflature. The firft American planters were drigir nally fubjedls refiding in England, little more than a century ago, who, upon a profpedl of great advantages to themfelves and their pofterity, moft humbly petitioned that they might be permitted to quit their native country and fettle in America: The crown attended to their petitions, and gracioufly granted their requeft, for which two fpecial reafons were afilgned ; firft, "the extending the chriftian rehgion and converting unbe lievers to the true faith ; fecondly, the ex- tending.of the Britifh dominions ; and, ac cordingly, in the royal charters which King Jame? the firft granted them, and whereby they became a corporation, thefe.two rea- fbns are expreft. Now at the tinae that thefe planters ob- tain.'i'clthlo charter, there was a pariiament holden. _ Some ( i6 ) Some of them were freeholders, andhad voted at the eledlion of members for this parliament; others were non eledlors, who were, as^hey are now, reprefented by the freeholders ; for all " belonged to fome county, city or borough. Tt Is plain then, when they emigrated or left this country to feek their fortunes in a ftrarige land,ithey were all of them reprefented in the parlia ment then exifting, as fully as all of you now are in the prefent parhament.' In the next parliament, which was held after they went away, fuch of them as re tained any freehold in England had a right ol voting at the enfuing eledlion j fuch who had fold their freeholds, and fuch who hid none, wereexadlly in the fame fituation as all the reft of his Majefty's Englifh fubjeds whorwere non eledlors, and had no right of voting at an eledlion. The firft, that is, thofe who retained any freehold, although they were debarred the exercife of their. right by abfence, yet it was a voluntary ab- fence; and all of you know, that when any freeholder is abfent on fuch an occa fion, it is his own fault ; but yet he mufl abide by the decifion pf the remaining free holders who do vote : The two laft, that is, thofe who had fold their freeholds, or thofe who had none to fell, as they mufl have abided by the eledlion ofthe freehold ers who voted, had they been prefent; fo ( ^7 ) fo -their, abfence, whether in England, on the fea, or upon the land of America, made no difference. It is plain then tliat the firft planters, the forefathers of the prefent co lonifts, were not only reprefented in pariia ment at the time of their eriilgration, but even after it, during the courfe of their lives, A.nd indeed this muft have bqcn the ex- prefs 'condition on the fide of the firft plan ters, when they Were fuffered, under a royal charter, to quit this country for good and all, to go and live beyond feas, and to retain all the noble privileges for them and their pofterity of free-born fubjedls' : I fay, exprefs conditions. If not in words at leaft by tacit Confent and fair implication ; for if^ all free-born fubjedls, refident now in Great-Britain are under the power of the fupreme government ofthe realm, all who claim fuch privileges muft be equally fb; without which they can have no right to them : but their very condition, at the time of their emigration will prove the fadl. Suf fered, as they were, to abfent themfelves, they were neither convidls exiled to a fo reign land, nor orphans deftitute of a ten der parent, willing and able to protedl them: No; they were adventurers who .fought tobetter their fortunes in a country unknown ; who had to combat with the dangers of the fea ; a difference of cli mate ; a fet of barbarians, uncivilized and jealous ( i8 ) jealous of their property ; an unculti-' vated country and numberlefs other diffi-' culties, and who relied upon the conftant affiftance and protedlion of England for the cftablifhment of their colony in time of peace, and the defence of it in time of war. No fubjedls then of this realm could be more dependant upon the mother country, than the firft planters were-, evidently re prefented in parliament, acknowledging; the fupremacy of the legiflature, and con fident of their protedlion, they (Quitted Eng land, to leave to their children all the rights they enjoyed themfelves, with the valua ble acquifition of territories, which fhould enrich their pofterity. The prefent colo nifts are that pofterity ; they enjoy all the rights and privileges of their forefathers;, with the encreafe of territory, although not of dominion ; for according to the maxim already laid down they cannot pof fefs, more rights and privileges over their mother country than their forefathers had to beftow. • As reprefentatives therefore ofthe rights of their progenitors, in the fame light thatan heir apparent is the reprefentative of an eftatfi entailed upoh him, the prefent colonifts inherit the privileges pf their forefathers, and are to be confidered as belonging to thofe boroughs, cities, or counties, from whence their forefathers iffued : they ftand in ( 19 ) in their place, and muft be reckoned among the people thereof, non prefidents, non cle<9:ors, or non free-holders, but ftill vir tually reprefented in a Britifh parliament, as fully as the- non eledlors refident in Great-Britain are at this time. ¦' Judge now for yburfelves, whether thefe American colonifts,* thefe fubjedls of the realm, although poffeffing a foreign land, are not - equally Teprefented in parliament with all of yoiu who have no right of votirig at an eledion, and j/et are indifpenfabl/ hound by duty, and that duty refulting from ypuroriglnal conftitution to payimplicit obe dience to all lawSj'ftatutes, taxations, whether J internal or external, authorized, prefcribedl and warrantedbythe fupreme legiflative oft theland, that is affented toby theKing, lords,] andcommonsin parliament affembled, and judge impartially what grounds thefe co lonifts can have under the foregoing pleas for their prefent defedlion, by which they have Involved, at leaft for the time being, many eminent merchants and mecahicks of this land in the greateft difficulties. Let us now fee whether their laft re- fource of an infringement of their charters hath more validity in it than all the reft. , * The colonifts are virtirally reprefented'in parlia ment as fully as the non eleflors refident in Great- Britain. !> - To ( 20 ) To conclude, that any charter is uncapa- ble of the controul of that government un der vvhich it holds, is to fuppofe '^hat fuch charter contains .prerogatives and powers equal with the government itfelf, which is a greater abfurdity ; for fomjejdeg£©e43f,fu- periority rnuft remaJJi in tE^t pqw^jadiich gives, over that power which receives-; otHer wife, from theinftant the charter is perfedled, the grantees become a fovereign ,power> neither diredliy or indiredlly der pendant upon that government which gave thern conftitution.' Now the greateft of all grants in this county is held by parlia mentary charter; and unlefs I am mis-in formed,' this is the cafe ofthe Eaft-India company; yet fhould they attempt to.fliake off the fovereignty of this country over them, ,1 appeal to themfelves, whether they would not violate their , charter ; or whether, great and extenfive as their privi leges may, be, there are not. fuch re^ric- tions in their charter, as eftedlually manis- feft the fuperiority of that power which gave it, over that which received it. A parhamentary charter, 1 have faid, is the greateft of all otherSj.asS.what-evcr co^i- ditions are granted therein are controul- able by no power whatfoever, becaufeit is an adl of the legiflatiire of .the land, that is, of fovereign, authority, beyond which no power over the Britifl:i dominions can exift : .(2'l ) exift : but this Is not the cafe of the A- mericans; they, hold by a royal, not par liamentary charter, the difference of which I will now explain to you, as derived from the conftitution of this country. The fovereign * power . is agreed to be in the king, but it is a two. fold power. The one in parliament, as he is af- fi fled by the whole ftate; the o.ther out of parlianient, as ha. is fole and 'fingular, guided merely by his own will. And of thefe two powers the. one is greater, and can diredl and controul the other ; and that is the " fuprema poteftas," or Sove reign power of the realm; the other is " fubordinata,-' that is, fubordinate to it. The king's power then in parliament exceeds his power out of parliament, as far as fupreme arid fovereign ' anthority can exceed" lirni'ted prerogative in a mixed ftate. ^ , ¦' The king may ¦f make' fuch a grant out of parliament as fhall bind him and his fucceffors; he cannot revoke it, nor his fucceffors ; but by his power in par liament he may defeat and avoid it. ., Again, II. Rep. 87. Dyer 52. The King cannot make a grant " non bbftante," any ftatute " made, or to be made ; if he doih, any fubfequent ftatut'e, prohibiting '¦' ' ' * Petit- ¦ t Petit.' ¦ ,-i'-"^ D z wh^t (22 ) what is granted, will be a Tevocatioit of the grant. : . The inference from this Is plain and obvious : that no royal charter,' granted out of* parliament, can preclude the high .prerogative* of parliament, or exempt the colonies from their plenary jurifdidtlon and controul over leige fubjedls of the .King. Nor Is it a confequential argument, be caufe any of the colonies have^ by a royal' charter, a power of making laws for their own community, if not repugnant to the laws of England ; or of "impofing taxes by their own reprefentatives, for their inter nal police, that therefore they fhall not be liable to taxation of any kind by adl of par liament ; fince the leffer power never can . exclude _ the greater, "and that' we have feen the King's authority out of parlia merit is that leffer power, and his autho- .rity iti parliament that fovereign power which can controul and give the law to all others'; and here let it be remembered, that the late Stamp-adl had the royal af fent.' 4 ¦ • " Let us fuppofe, that the ufage of ", raifing mpney in the feveral colonies, 'f for feparate and, local purppfes^ was •? fouridejd upon an adt of the whole^le- " giflature," (that is a grant by a parlia mentary, ^cliarter) " , then the colonies -; r rr " would, ( 23 ) . "would, in that refpedl, be in the fame " fituation with the feveral counties In " England, which do, by authority of par- *' liament, raife money within themfelves, " for their feparate and local purpofes : *• but no man ever conceived, that this " regulation of internal police would *' give rife to a debate, whether every " county was not a kingdom ?" The royal charters themfelves differ in extent of privileges; the utmoft whertof is contained in that of Maryland, where in the king covenants for himfelf, his heirs and fucceffors, that " he and they fhall at no time hereafter fet, or caufe to fet, any impofition or other taxation upon the lands, goods, or chattels, within the faid prPvince, or .upon any goods or mer chandize," which includes both, internal and external taxes; yet ftill this is but a royal grant, out of parliament, binding the royal prerogative, , but not excluding his greater power in 'parliament, where he is in the fullnefs of his majefty, that is, .in the fullnefs of his fovereignty over all the Britifh dominions. Granting, therefore, the utmoft lati tude to the "charters of the Anieripan co lonies, by taking it- from the Maryland charter, it is very plain they cannot bsl abfolved from an implicit obedience to adls of parliamerit ; becaufe no power cari . .- give (24) give them that which it hath not itfelf; land that the King hath not, by his pre rogative, the right of precluding the pri vileges of parliament ; and, therefore, a fubmiffion * to any adt of parliament cah never be an infringement of their charters : but fince thefe people lay fo much ftrefs upon thofe charters, it may be worth v/hile, _at this crifis, to lay before you the conditions of fome of them, by w,hich you, will be enabled to judge how far they, who fo loudly and tumultuoufly complain of a breach of the rights and privileges belonging to a Britifh fubjedl, have performed the articles of their re*- fpcdlive covenants. On -f- occafion of the Stamp •- ad, the general affembly ^of the Virginians came to feveral refolutions, couched "in fuch terms, that the governor thought fit to diffolve them. In Virginia alfo the juftices of Weft- ' morland met, and unanimoufly refigned , their offices, left they fhould become' in- flrumental in the dtftrudlion of their coun try's moft efferitial rights and liberties; ihat is, lefl they ftiould affent to thfc Stamp-adl, not impofed on them (accord ing to American logic) by their own con- , _- * Submifilon xo any aft of parliament" is not an infiini^tmeiu of il royal charter. ' t ,(Jw.eii'.s CulJection of Charters. ., ''"' ) fenr^'j ( 25 ) fent, or their legal reprefentatives in Britifh parliament. Now it is remarkable, that the general affembly of Virginia did not conftitute the fupreijne' court which was to make laws, or impofe taxes, for that province : No; by the 8th article of the firft and fecPnd charters of King James I. this ppwer was exprefsly referved to a council which was to be ALWAYS refident in England, to have the fuperiour management and di- redlion of all matters that might con cern the province, and was to be cal led the King's own council of Virginia : many peers *of the realin^ as well as com moners, compofed this council, which had full power to make all rnanner of orders, laws, &c. at their difcretion, and to" ^dmit and- receive any perfon into their company, corporation or- freedom; and frpm. the inftant the colony had the requifite^ notice of this the Kirig's pleafure, all laws for merly made by them were ,to ceafe. The charter pf the Penfylvgnikns. is ftill ¦ more explicit. " Penn" and his heirs fhall be authorized '", to, make laws, provided a tranfcript of '" the fariie he tranfmitted to -England,^ " tp. be confirmed by royal authority; " otherwife tP be void." Grants full licence to trade, but accord ing to the laws made, or to be riiade : " Saving (26 ) " Saving unto us, our heirs and fuccef- *' fors, fuch impofitions and cuftoms as " by aSl of parliament are and fhall Be " appointed; and referving a power to ¦'" feizc and refume the goverrirrient of the " prpvirice, on non-payment, until fuch *' payment fhall be made good." In oppofition to fuch reftridlions, and in the face of their charter, the affembly at Philadelphia came to divers refolutionS inter alia. ' ' ' " Refolved, N. CD. ' ¦ "' " That it Is the Inherent birth-fi|3 *' and indubitable privileg;e of evefyBi^ •' tifh. fubjedl to be taxed only by his *' own confent, or that of his leg^l repre- " fentatives, in conj undlion with his ma; " jefty, or his fubftitutes. " That th^ only reprefentatives of the " inhabitants of this province are the per- " fons they annually eledl to ferve as mem- *•' bers of affembly. *' That the taxation of the pcbple of " this prpVince, by 'any other, perfons, " whatfoever. than . fuch their reprefen- " tativesin aflembiy, is unco'nftitution'al^ " aind fubverfive of their moft valuable " rights." The colony of . MafiTachufett's Bay were foremoft among the refradlory, and chimed in with the moft tumultuous ; in confe quence pf which their governor, Mr'. Ber nard, ¦ ( 27 ) Hard, £1 fenfibld and wife man, and truly zealous for their interefts, forewarned them of the confequences which might attend their -mifljfehaviouFj by a fpeechj of which the following is an extradl * :, • " I fhall not enter into any difquifi* *' tion of . the policy of this adl ; I have *' only to fay, it is an adl of parliament " of Great BritalUj and as fuch ought *' to be obeyed by the fubjedls of Great " Brit'ain. And I truft that the fupre- " macy of that parliament over all the " members of their wide and diffafed em- ** *pire never was, and never will be, denied " within thefe walls, " The right of the parliament of Great «' Britain to make laws for her American " colonies, however it has been contro- •' verted in America, remains indifputable " at Vi^eftminfter. If it is yet to be •? made a queftion, who fhall determine " it but the parliament ? . If the par- " liament declares, that this right is in* *• herent in them, are they like to ac- " quiefce in an open znd forcible, oppo- " ftion to the exercife. of it ? will they " not more probably maintain fuch fight, " and fupport their own authority ? " It is faid, the gentlemen who op-' " pofed this adl in the houfe of Com- ^ , , / ; ^ Owren's Colkaion of Charters. E " jrians, ( ig ) ** mbris, did not difpute thb authority of' *' parliament to make fuch a laWi but ar- ''' gUed upon the inexpediency of it at " this time, and the inabilities of ^the ** colonies to hear fuch an impofition: " thefe are two diftindt queftioris> which " may reefeive different dnfwers. ' ' f"'"^" The powet of taxing the colonies 1 " may be admitted, and fei the expedi- -*' ency of etercifing thatpbvyer at fbch a I *» time may bis d'enied : but if the qlie^ I *« tion& are blendfed together, fo as to ad- *« mit of but one anfwer, the affirmative I " of the right of parliament will concludtf *' for the expediency 'bf this adl; ? 1 " Confider, Iherefoi-e, gentlerri'dh,? if ! ** you found your applicatiotr for relief " upon denying the parliamfent's right t'd I *' make fuch a law, whethef you will ndt j " take from ybur friends and advocates 1 *' the ufe bf thofe arguments which ai^ 1 " ihoft likely to procure the relii^f yoU \" defire." Such a fpeeth as this becamre a go vernor pf a Britifh colony, at the ftnie time that' ii mahifefted his zeal fdt the in^ tereii of that province ovet which he pre- fided. It alio fhewed his knowledge 6f the tonftitmion of this country, ind of the powers of the fupreme legiflature, to which we are all bound in implicit obe- ¦ dience, yet with a referVe bf feltfng forth -'•'•'¦ •^, ' our ( 29 )) p^r grievance? by humble petitions, as' Ipng as we do it In a fubmiffive manner,' as becomes dutiful fubjedls, brit not by riot and tumult, and an open and forcible violation of the laws. And therefore, Mr.*" Bernard faith, obey the adl for the time,' remonftrate againfl it as a burthen too heavy for you to bear, and reft affured, that Gfeat Britain, ever tender tp her co-' Ipnies, which fhe cpofiders as her chil dren, wijl attend to ypur petitions, and give ypu all the reafonable relief ypu can defire. But fenfiblp and humane as this fpeech was, the Maffaebufctts gave no ear to It ; bijt on the contrary, like a parcel of wild Enlhufiafts, they pxefented to their go-' yernpr a paffionate and inconcjufive ad- dfefs } in which, among other things, tjiey fay, f We cannot but be furprifed *f at an intimation in yoiir fpeech, that *', the parliament will require a fubmifiion *.f to an adl as a preliminary to their grant- 'l ing relief from the unconftitutional bur- ''.thens of it, which we apprehend in- *f, eludes g fHggeftjon in it far from your *f Excellency 'g defign, and fuppofes fuch *f ^ vvanton exercife of. mere arbitrary 'f ppyvpri as ought never to be furmifed *f of th^ patrons pf liberty and juftice, *' V^e beg leave to obferve, that the char ter pf this province in vefts the general. E « ** affembly ff ( 3^- ) *« affembly with the power of making *' laws for its internal government and ** taxation, and that this charter has ne- ** ver yet been forfeited. The parliament ** has a right to make all laws within the '* limits of their own conftitution, they ** claim no more. " There are certain original rights be- *f longing to the people which the parlia-' '* ment itfelf cannot diveft them aix among thefe is the right of reprefeii^^ '? tion in the fame body which exercifes the power of taxations, &c. ¦" W"e hope we may, without offence, " put your Excellency in mind of that' '* moft grievous fentence of excommuni- *' cation, folemUly denounced by the " church, in the name of the moft facred " Trinity, in the prefence of King Henry ** the Hid, and the eftates of the realm, " againft all thofe who fhould make fta- *f tutes, or obferve them being made, *' contrary to the liberties of Magna' *« Charta." The fubftance of all- which may be collei^ed within very few words. Firft, They accufe the Britifti parlia--' ment of a wanton exercife of mere arbi-r' trary power, if they infifl on obedience to the ftamp adl; and then they call them^ the patrons of hberty and juftice. This' is to break a ri:ian's head, and then give him a plajfter, ( 3^ ) Secondly, They talk of their inherent rights, of the rights of reprefentation in the fame body which exercifes the power of taxation. - Thirdly, They claim, by their charter, the powerof making laws for the internal government of the province and its taxa tion, and affert, they have never forfeited that charter. ' Fourthly, They quote a precedent in the reign of Henry the Illd, to fhew the fupremacy of the church over Magna,' Charta. By this time you all of you know, that the ' powei^ofmakin^ laws, or of impofing in ternal taxesTor the police of any commu-' nity,'~KeT3~T)y royal charter, cannot pre clude jhel-igh ts' o( thei fupxeme legiflature over that fubordinate- communitv : and, therefore, that yoii may not be confufed by this jargon of addrefs, I will confine mylelf to thofe parts of it which relate to the charter of thefe colonifts, and to the remarkable precedent they have quoted. The Maflachufetts had a charter grarit-' ed them, which they forfeited in the year 1686, chiefly by a condudl parallel to this n which they appear to take fo much lory : but that you may not think me irtia], I will give you a fhort account of as tdnicd by Mr. Hutchinfon, their lieutenant ¦ ( 32 ) lieptenant governor, in his hiftqry of M«f- fachufetts Bay, publiflied but Jafl ye^r. ** It was a diffiicult thing, faith hp, fer " the Maflachufetts to conform tp tjie a^S- " of trade and navigation : they acknpjv- " ledge, in tjieir letter to their agents.; '* 1679, they had not done it. — They *• apprehend them to be an invafionpf.the " rights, liberties, and privileges of the " colonyi tl>ey not beii^g reprefented ,in par- " liame.nt' ^"^^ according to the ufual fay- " ings of the learned In the law, thg \m%i " of Ei^land were bounded withju the,. " four feas, and did not reach Ameriea," They were at that time then by one degree piore audacious than they are nqjv, . for they even denied the power pf parlia ment to iinpofe external taxes, and, re fufed fubmitting to thp laws"" of trade and, navigation. And what was the confe-. qnence of it .f Why, as Mr, ffutchipfon . tplls us, the whole colony fuffere4 the Ipfs of their charter, this being, the grejiteft ar ticle of charge againft it. In confequence . of which, royal cprnmiffipns were fent to govern the province ; npr could they get another charter, nptwithjlsnding all thejr follicitations, until the year i69?,.un)der Kjng William and Queen Mary ; in thei preamble of which, the vacating thein former charter is expreffecj .as follows i *\ And w|}ereas, in the term of the HolJ " Trinit\f ( 33 ) " Trinity, in the 36th year ofthe reign of " our deareft uncle KingCharles II. a judg- " riient was given in bur court of Chan- " eery, then fitting at Weftminfter, upon a " writ oifcire facias, brought arid ^rofe- " butfed In the faid court againft the go- " verribr and company of Maffachiifetts " Bay, in NfeW England ; and that th6 *' faid letters patent of bur faid royal *' grandfather King Charles the Iftj bear- ** Ing date at Weftminfter the 4th day of "¦ Mirchi in the fourth year of his reigri, " rilade arid granted to the faid governor '* and toriipany of Maffachufetts Bay^ iri <* New England, and the enrollment bf " the fatn'e, fhbiild be cancelled, vacated, " aririihiiated, &c." One fhould have thought, that tlie For-. feitirig bf bne charter would have been a .Warning to thefe people riot to rife up agairift Englifh adls of parliament ; but it feems theit infatuation continues, arid they now feriew their clairii' bf taxirig them felves, becaufe they are not reprefented ih a Britifh parliariientj and that no fiibjedt can be tax'ed biit by his own toriferit. That they are reprefented itt a Britifli parliiriierit as far as non elei^ors can be, vphich is, as far as the rtiajorlty 'ofthe in habitants of Great Britain are, has been already fhewn : but .a« th^y irifift, that every fubjedt muft be taxed by his own confent. (34) confent, or his legal reprefentative; it ne-' ceffarily follows, that unlefs their affem bly, which voted the addrefs to their go vernor, Mr. Bernard, confifted bf mem bers legally eledled,, according to their prefent charter, that very affembly Is un- coriftitutional, according to their own way -of reafoning, and in the full exercife of a mere arbitrary tyrannical power : and their arguments, which can never be Validi againft the fupremacy ofthe Britifh legif lature, will yet be the moft forcible owes againft the legality of their proceedings, even within their Own community, jrfid wiiradd double weight to their already flagrant and iniquitous oppofition to tbe juft authority of the Britifh legiflature. " The great and general court of affem- " bly (faith their charter, fhall confiftof " fuch freeholders of aur province, as ** fhall, from time to time, be eledled, or " deputed, by the major part of the free- " holders, and other inhabitants : pro- ?' vided always, that no freeholder, or " other perfon, fhall have a vote at the> " eledlipn of members to ferve in the " great and general court of affembly, to " be held as aforefaid,, who, at the time " of fuch eledlioHy fliall not have an. eftate " of freehold in land, within our faid pro- " vince or territory, ofthe vake of forty ihillin|& . . in) «« fhilllngs per ann. at leaft, or oiher ef- " -tate to the valtt; of fiftypoundsfteriing." , "4 And again, "grants, eftabliflies, and *? ordains, that for ever after there flrall *.' be a Hberty of confeience allowed, in ^' theworfl^ip of God, to all Chriftians "¦ (except Papifts) inhabiting, or which " fhall inhabit, or be refident within our '•faid province or territory." t .Nothing fure can be rnore plain or pre- cife. The requifites for a vote at an eled:ion of a rnember to ferve in their general af fembly are, a freehold of forty fhilllngs a yearj of an eftate to the value . of fifty pounds : nor can any inhabitant forfeit; his right of freedom by any difference of opinion in religious points. Thefe are exprefs conditions in thejr charter ; how far they have kept up to- them, their own lieutenant governor fhall decjafe. " 'None may now be admitted, a free- " man of that company, unlefs he be a *' church member tharepf {i. e. a con- -' gregational puritan..) None have voice " in the eledlion of governor, deputy, arid "*' affift ants. None are tp, be magiflrate's, ".ofl[iGers pr jurymen, , grand or petit, " but freemen.- The minifters give their ;" Totes in all eledions of magiftrates. "i Now-'the imqft . of the . perfons at New ,V England - are not adniitted of their "church,, and therefore are not freemen j F and ( 36 ) ** and when they come to be tried there, " be it, for life or limb, name or eftate, '^' of whatfoever, they m^ft be tried. and' " judged too by thofe of the church, who " are. in a fort their adverfa^ics : how " equal' that hath been, cr may be, fome *' by experience do knowj others may " judge. " Had they been deprived of their ci- " vil privileges in England by an adl of •* parliament,' Unlefs they would join in ** communion vrith the churches there, ** it might have very well been th^ firft ** in the roll of grievances." ¦'*'' X Now I leave you all to judge, how far this affembly can bs deemed a legal repre fentation of all the freemen of that pro vince, compofed as it is of a Cet of piiri- fanical zealots, eledled only by tht)fe .bf their own communion, and-not by' the majority of the freemen ; and whether the freemen* who are excluded, may not juftly complain of an infringement of their charter by this affembly, which Is nowr daringly attacking the rights bf pariia ment. As to their quotation of a fentence of excommunication pronbiihced' again ft ih^ King and the ftate in the reign bf Henry the Hid, it is* litttle to the purpofe, \in\m a puritan of their perfuafion was to be invefted with papal pov/er over the Britifh '->-¦'¦ dominion^; (37 ) dominions j but as they have chdfen to go fo far back into our hiftory for a prece dent, I will meet them half way, and quote you an anfwer of the fame King on a fimilar occafion. In the year 1252-37 Henry: III. the mafter cf the hofpital of St. Johp of Jeru- . falem in Clcrkenwell, wai.ting patiently for a proper opportunity of fpeaking with the J^ing concerning an injurydone him, open ed his complaint and fhowed fome charters pf protedlion granted by former kings, and by the King himfelf ; to whom the King with a loud voice replied in anger, and with . a great oath, '* you and the templets have " fp many liberties and charters, that your ** fuperftupus poffeffions make you proud, " and your pride makes ye mad: Thofe " things therefore ought prudently to ** be ii^evoked, which vvere imprudently ?' granted ; and advifedly to be refumed, *• which were unadvifedly fqu;mdered a- " way. None of you, I am perfuaded, wifh to fee fuch a fentence put m execution againft your colonies, but all will agree that their ppndudl has beep highly undutiful arid re fradlory, and that the reafons they alledge ,i^re weakjand inconclufivs j for by this time no doubt it is plain tp you, ,",That your colonies are annexed like fo pjany. appendages to the Britifh dominions. F 2 " That ( 38 ) That the inhabitants are liege fubje^s,; and hold their pofieffions and privileges by charter from the King out of parliament; controulable by the King in parliament, ac cording to the maxim herein before mefl^^ tioned, that the King cannot make a grant non obftante ^any ftatute made or to be made ; if he doth, any fubfequent ftatutq prohibiting what is granted, w^ill be 4 revo4 cation of the grant. That their charters can be vacated, and cancelled in a Court of Chancery, as^that 0 " the company of Maffachufetts bay was. That the leffer' power granted by the King to the courts of aflembiy, to impofe taxes for the internal 'police of their fepar rate .communities, can never preclude the greater pPwer of parlianient to tax the' whcle colonies. That the fame authority which hath the right of impofing external taxes, muft from the nature of our conftitution have an equa( right of impofing internal ones. Th.,at the power of taxing and making ,,laws are coincidents and convertibfe, - That the diflindlion of a reprefentative land legiflative capacity in the Houfe pf |Commons, is nothing but ajingle of words, sa b^re ^iftindlion without a difference. That the colonifts are as fully -reprefented in parliament, as rU the non eledlors of ¦Qrcci;- Britain ;. that is, as- the far greater . ..' ' ' part • ( 39 ) part of its inhabitants, and therefore, on all the above accoun's, that the power pf binding the colonies by all manner of laws, taxes internal and external that the King and parliament fhall think fit to impofe, is plear, indifputable, and uncontrovertable; for the colonifts are as much under the do minion of the fupreme legiflature as any of us ail, and their being permitted to re- Jain the rights and privileges of a free born fubjedl, is the return of a fupremacy for obedience to its laws and Prdinances. . One ofthe reafins afljgnedin a ftatute* ^;i5th~ Car II. for prphlbitirig all European commodities from being imported diredliy to America, was tp keep the colonies in a firmef dependance upon England, and ren der them more beneficial to it. Another ftatutcf (Scobell's Adls. 1656) fpeaking of ;he plantatiphs,faith, V which are and ought to be fubordin;!te to and dependant upo^ England ; and hath ever fince the plant- ting thereof been, and ought to be fubje/^ to fuch laws, orders and regulations as are' pr fliall be made by the parliament of Eng land," Nor fhould it be objedled that this laft adl wag made in the time of the common wealth ; fince, in whatever hands the fu- premepower of Qreaf^Britainrnay be veft ed,, thii colonies rnuft follow the • )• fate of' . ,v'. * Cap, 7. Par. 5, f C.ip. 28.' ^' • that : ( 40 that government as long as they are annex ed to the Britifli dominions; for, by tbe fame rule, the right over Jamaica might be denied, becaufe it was conquered in the time of Oliver Cromwell. Neither can they draw anyinference from an argument made ufe of by fome of -their advocates ; that a moneyl'^bill takes its rife in the Houfp of Commons, and therefore the Commons only have a right of impofing taxes. The fadl is true, but the conciufion falfe ; it' is the King and parliament only that have a right of impofing taxes on the fuhjedt : every bill muft take its rife in one-hoiife or other ; and while the Houfe of Lords hath an equal right with the Commons of debating upon the expediency of a money bill, and of rejedling it ; and while the King retains the royal prerogative of re fufing his affents, that is, while our copr flitutibri remains entire, it matters " not to the prefent point, in which houfe a nio- ney bill takes its rife, becaufe it concludes not for pr againft the prpfent queftion, vi?, ¦^The right of the Britifh legiflature to Ini- pole internal as well as external taxeg on the licolonies. * Originally this could not be the cafe; becaufe the parliament fat in one houfe, nor is k our bufinefs to pnq.uife when and how the fyvo hqufes agreed upoi\ feparate privileges. (41 ) Upon the whole, then, the prefent de- fe^ion of the colonifts is as groundlefs as it is prefumptuous and ungrateful to their mother country, by whofe indulgence, af fiftance and protedlion, they hold all their vialuaBle poffeflions. If they have really been aggrieved, and cramfjt in their trade beyond the bounds of moderation, and without any fuperlor ad-' vantages refulting therefrom to thl§ coun try, { for according to thecuftom * of other countries, we have a right to keep our plantation trade to ourfelves j) let them remember they have alfo been led into the channel of redrefs by foriie fenfible men among them, whofe hearts inclined to theii" benefit, whofe heads laboured for their true intereft, and whofe wholfome advice they have contemned and trod under foot ; and in lieu thereof have fet up a mock' congrefs, an affembly of the reprefenta tives of reprefentatives, wherein they have ufurped a power as unconftitutional as rafh^ and intemperate, which, were it not for the tendernefs that Britain hath, and I hope ever will have for all her children, might fubjedl them to the fate of the Maf- fachufets in 1686. , ' But it hath been urged, that former ! wife minifters have ever declined exer- * 15 Car. II. Gap. 7. P?r. 5 cifin|f , f 4^ I cifing a power of iri ternai taxation pver the colonies, from an unwillingnefs to give the le^ft' umbrage to any of his majefty's fubjedls, from whofe trade Great Britain was fo highly' benefitted : — belt fo; this argument reacheth no farther than, to the expedienoy of the Stamp-adl, and not to the right of making it. That right hath now been exerted,, and as daringly i'^nied by adls of open anS forcible refiftance, fp near a-kin tp , rebel- lion,; that it is become very hard to draw the line of diflindlion : and, therefore, that fright is now, pr never, to be afcertaine4>t TLct usthen, in: a firm confidence; of the •wifdom and juftice of parliamentj!^ look up to it with all, due deference an4, obe dience, yet with hopes, that,t]hi^ impor tant point, which is, for ever after, to eftablifh tlfe }uf^ and high fupremacy of theBritifli legiflal^re,, will be fihaUy fet tled; npt evafivelyi by a few general terms, which may tend rathef. tp leave the queftion in fufpenfe, but by exprefs words, afferting the undoubted right of parliament to impofe internal, external and all other taxes, (if there can be any other) on the colonifts, equally as on- the inhabitants of jGreat Biitain." •. ,. Lotus hope that due attention will b.e paid to that partpf tjip Maffachufett's ad- „-..'. " drefs .V (43 ) ' drefs, which affedls furprize at an intima tion, " that the parliament will requirb " afubmiffion to an adl, as a preliminary *' to their granting relief from the un- " conftitutional "burthens of it; whidh " ithey call a > wanton exercife of s> mere ** arbitrary power," and that fo dar ing an infult will manifeft the neceffity of fupporting the Stamp-adl, however altered or modified in behalf of the colonies, till they dutifully fubmit to it, that the fu preme legiflature iriay not fuffer In its rights, nor the colonifts think they may make terms with Great Britain fword in Hand. We are all fure that the parliament will ever attend to the petitibns of dutiful fub jedls, will relieve them where they are aggrieved ; and none of his majefty's fub- je&s have had greater proofs of their watchful attention and indulgence than the Americans have. If they have fuffered by any late re ftridlions on their trade with Spain, or other European powers, by duties dn linen or molaffes, or in any other fhape, the, parliament is open to their complaints, and prepared to redrefs them'; but, to bor row an expreffion, " if it is once under- " ftood, that the executive power is to " wait for, and be guided by the advice G " of ' ( 44 ) " of thepepplej they then diredl the ex, " ecutive .powerj or. In other words, be- ** come the: executive power themfelves; -*' from whence it follows, that a great *' empire is. In imminent danger, when *' the executive power is exercifed bythe « people.'' FINIS, A N APPLICATION OF POLITICAL RULES, T 'o GREAT-BRITAIN, IRELAND AND AMERICA. [ Price One Shilling and Six-pence. ] A N APPLICATION Of fome General POLITICAL RULES, TO THE ^ PRESENT STATE O F GREAT-BRITAIN, IRELAND AND AMERICA. InaLETTER To the Right Honourable Earl TEMPLE. ClariJJimi viri . nojira civitatis temporibus optimis hoc Jibi amplijjimum, pulcherrimumque ducebant, ab hofpitibus clientibufque- fuis, ab exteris nationibus quce in Amiejliam populi Romani dttionemque ejfent, injurias propulfare ' ctrumque caufas defendere. Cicero. Orat. Contra Cascilium. LONDON: Printed for J. Almon, oppofite Burlington-Houfe, in Piccadilly. 1766. is] A N A P P L I C A T I O N, ^r. My Lord, THE dlffufive benevolence, and difin- terefted deportment, which have cha- radlerlfed your Lordfhip, through each pri vate and public ftage of life, points you out as the perfon moft proper to be addreffed, by a man, who is willing to lay open fome er rors in our policy, which require a fpcedy corredlion ; you, my Lord, will extend your public concern beyond the confines of your native country, and confider every part of the human fpecies, which has any con- nedlion with England, as meriting your care and patronage. There is not, perhaps, any one point of view, In which we can behold this kingdom at prefent more truly interefting, than that of the relation which it bears to thofe peo ple, who are connedled with us, in a fecon- dary *, or kind of dependant nature ; fome * Scotland without doubt, is united with England by the folemn adi of both nations, but the fundametal dif ference of their laws is fo great, and their -manners and ideas of government fo very difcordant, that I muft ftill behold them in the fecondary light in which it is placed above. B united. [6] united, but not receiving our municipal law, others receiving our laws after a ftrugglejof many centuries, and others willing to make laws for themfelves, had they a power to execute them. After a war, therefore, in which a conftitutional exertion of our native' ftrength has procured us at leaft a very re- fpedlable commerce, nothing can more juftly merit our attention, than thofe nations, who, beyond the limits of England, form the feveral branches of the Britifh empire they are numerous, they inhabit countries a- bounding in all the neceffaries of life, and fruitful of the materials of many of its com forts J but above all, thefe countries pro duce the genus acre virum marfam pubemque fabellam', their cuftoms, nay, even their countenances, are Britifh, after a ferles of generations j they have, in fhort, every title to the utmoft care and regard of the mother country, which intereft or affedlion fhould beftow. The more heterogeneous the parts which enter into the compofition of any body, the lefs capable of folidity arid permanency will it be ; the jarring of their natures preventing that intimate union and firm cohefion, in which the ftrength of natural and of politi cal bodies does primarily confift. This com- padlnefs, once attained to, good laws and In- ftitutions communicating their fpirit, give it that powerful momentum, which nothing can [7] Can refift j If then a kingdom, from circum- ftances of colonization or otherwife, muft have a connedlion with other people. It is the duty and intereft of that kingdom to affimilate thefe people with themfelves, as foon as poffible ; If to be born and fupported by them, the nearer they are drawn like ar mour or garment, the lefs fenfible will the principal be of the burthen ; If able to fup port themfelves, perhaps affift the mother country, the more clofely and naturally join ed, the more capable like our limbs, will they be to help and be of fervice ; and yet ftrange, although moft certain it Is, that the conquefts and colonies of nations, who them felves have enjoyed Liberty, and are there fore more difcerning of the advantages which it muft bring to others, have generally felt more oppreffion, and have been lefs tenderly cherifhed by the conquerors or colonizers, than thofe of abfolute monarchies. Thus we perceive, the conquered provinces of Rome, far from being difpleafed * at the fall of the commonwealth and eftablifhment of defpo- tifm. Whether this arifes from the mean o- plnion, which conquerors for the moft part conceive of the conquered, deeming them unworthy of, and incapable to make the pro per ufe of Liberty, or from an hatred, im- * Neque provincia ilium Jiatum rerum abnuebans, fufpe£io fenatus populique imperio, ob certamina potent turn et averttiam inagiJiratum'—-^T zc\t. i. Annal. B 2 preffed C 8 ] preffed by their obftinacy when an enemy, I cannot determine : however, am inclined to believe, that upon the firft redudlion of them, the conquerors dared not truft them with Liberty; but upon removal of thefe ap- prehenfions, by length of time and other circumftances, they ceafed to be adluated by the proper motive of conqueft i the migh ty mafters themfelves, degenerate and cor rupt, lofe that benevolence which fhould fhare the bleflings of a free government with their fellow creatures; npr are they impel led by a defire of ferving the human fpecies, in being the inftruments of the Almighty, in reftoring It to the exercife of a rational, and fince the gofpel difpenfation, a chriftian well-tempered Liberty : and this, with felf- defence, which fuggefts conqueft by way of prevention *, are, in my opinion, the only principles upon which a conqueror can by any means whatfoever be juftlfied. If they confider the hearts of thofe who have the misfortune of falling under their domination, as too narrow for the entertainment of the noble and elevated fentiments of Liberty, and compare them to weak ftomachs, which may be clogged and difabled by folid and fubftantial food ; or an eye, which long ufed to darknefs, unexercifed by real objedls, no thing prefenting but figures and fantoms of * Cui pote/las nocendi exipitur uiiliter vincitur. Aug. de Civitate Dei. its [9] its own creation, and which may be difor- dered, perhaps deftroyed by too fudden an infufion of a ftrong light; then fhould liberty be portioned out to them by degrees, accord ing to a judicious and ftridl political regimen, previous to which It Is the duty of the con queror to enlarge their underftandings, me liorate and prepare their hearts, for receiving this plant of ccelejlial feed ; otherwife are they left in a worfe condition than before, and all the boafted encomiums of their mafters upon liberty,and thofe bleffings which their conftitution affords, are but blinds to carry on their defigns, with vile views of lawlefs dominion, and ofa commerce whofe objedls are. avarice and luxury. To a perfon who confiders the ends of conqueft in that extenfive, give me leave to add moral and religious light, in which I am well affured, that yourLordfhip beholds every political matter; it muft be evident, from the acknowledged goodnefs of the Creator, that the happinefs of his creatures was the end of their formation; and that in order to give thefe creatures an oppportunity of ren dering themfelves more grateful to him, it is placed within their power, by a proper exercife of their faculty and freedom of will, to be the meritorious inftruments of making each other happy. One man has It in his power to ferve his neighbour, the neighbour gives his affiftance where It is wanting : [10] wantlrig : one nation fupplies by commerce where another is defedllve, and Is relieved in its turn : the conqueror gives to the con quered, arts, fciences, laws, manners ; and receives from the conquered, numbers, friendflilp, additional ftrength; thereby form ing a more powerful community, fecured againft external violence, quiet in the cultivation of ufeful knowledge, and In the pradtice of every moral virtue. It is difficult, I will confefs, for a people, who behold themfelves fuperlor to others In arts, in arms and induftry, not to give way to an over favourable opinion of felf ; and not to bear an haughtinefs of deportment to thofe, whom they look upon as fo far beneath them : this may be excufed, It is true, and charged to the account of human frailty in the uneducated, uninformed part of a people; even there. It were better If otherwife, and it is the duty of the leading men In fuch a ftate, carefully to fupprefs by authority and example every appearance of infolence j be caufe, no other things, not even fuperiority of wealth and power, can create fuch a degree of jealoufy in their neighbours; ftrangers wifh for an opportunity of humbling their pride j their own provinces are at beft but Indifferent whether they ftand or fall, and are often du bious, whether a change' of mafter may not turn to their advantage. Surely then, myLord, a. nation happily circumftanced from fituation, from [ II 1 from climate, from a favourable temperature of mind and body, (all which Unjuftly at tributed to chance, are produced by a chain of caufes framed by providence for good and wife purpofes) a nation thus diftinguifhed by heaven, fhould not look upon thefe ad vantages as beftowed merely for their own fakes, and their effedls to terminate within the narrow compafs of England or of Italy ; they fhould behold themfelves in no other relation of fuperiority, than as inftruments of promoting real knowledge, pure religion, and virtuous liberty ; the three moft defirable objedls of human purfuit, and which per fedled and refined form permanency, fubftan tial, and rational happinefs. The power, therefore, which mifapplies advantages thus derived from the fupreme Being for the above purpofes j who thinks each country, whofe Inhabitants they can out-number or out-difcipline, a new fource of luxury to their diffipated, effeminate, immoral nobility and gentry ; who treat their allies and colonies as minlflers only to their pleafures and profu- fions : the dominion of fuch a people can be but of fhort duration ; becaufe its exiftence., and the general fcheme of providence, are incompatible : their Infolence confirms them that other countries are made for their fole ufe and gratification ; this feads to luxury, to debility, to fecurity ; fo by natural caufes, as clear as the laws of motipn to the man who [ 12 ] who clofely obferves the political effedls, which gradations to vice in thofe indivi duals conftituting a community, have always produced ; this nation's ruin muft be acce lerated : it muft give way to fuperlor virtue j from which a completion of the defigns of providence may with more reafon be ex- pedled. Thefe ideas ©f the ends of conqueft, however 111 fuited to the refinement of the age we live in, may I doubt not ftand the violence of modern ridicule, if fortunate eriough to merit your Lordfhip's fanftion ; and here, however diffatisfied with myfelf, when varying In opinion from fo refpediable a writer as the Baron Montefquieu, yet muft I declare, that the applaufe beftowed upon the fpirit, with which Alexander con quered the Perfian empire, by that great politician, feems founded upon notions of conqueft, which arife rather from falfe glory and oftentation, than any real utility to the human fpecies ; elfe would he never have panygerized that hero for renouncing the fober, manly, virtuous manners of Greece, and adopting the foft and luxurious manners of Perfia ; and to what end .'' why, thro' an excefs of tendernefs to the vanquifh- ed. This 1 will venture to fay may be better accounted for by the fudden turn to pleafure, which that young hero had taken, and his love for the fair Afiatick princefs, than upon any principles of uncommon humanity ; and it [in it Is fubmitted to your lordfhip^ whether his humanity would not bave difplayed itfelf to greater advantage, by bringing over the Per- fians to the difcipline of his own country : it being moft certain, as he himfelf has ob ferved, that fueh nations, as have the mis fortune to be conqueredj are for the moft part degenerated from their original inftitu- tions *, rather feryed by deftroying their pernicious prejudices, and kid by conqueft under an happier genius ; fo that leaving a nation to its own bad laws and cuftoms, which are often a difgrace to humanity, is like leaving a wayward child to its own bad humours, when wholfotue corredlion fhould be admirtiftred, in order to reform a nature, perhaps originally vicious (being born in fin;) and as It is the dutyof a parent, whom expe rience, education, and a mild and mosal religion has qualified for the tafk, to beftow them on bis offspring ; nayy to ufe feverity, if found reludlant to his difcipline : fo is it of a con quering nation, enlightened by literature and pure chriftianity, to offer to the conquered a better fet of manners than their own ; and if rejedled, by proper political conftraints, where the idea of cruelty Is totally excluded, compel to receive them, and become happyi The moderns, to whom chriftianity has given great advantage over the antients in that C artielfc iiii'i r n?.. 'i • an "i ' ir'fi'l"! i' ' ¦ ' ;"'" 'ill. I ? Mcfiitefquieu I'efprit d'loix, lib. lo. chap. 14. [ H ] Article of rendering fervice to human na ture, by their power and influence, have pro pagated their religion, I mean the Catholick feft, with a view only to empire and pro fit : they propagate religion with a defign of making it, by the^ affiftance of their priefts, an engine of dominion, rather than a light to enlighten the Gentiles ; and Infufe fo poifonous a mixture of wicked and fuperfti- tious prejudices into the chalice, which they prefent to the Innocent deluded natives, whom they have fubdued, or fet down amongft ; that inftead of being Invigorated and filled with the fpirit to perform good and chriftian works, they become Intoxicated by the draught, and are entirely hoft to any notion of the charities. The Proteftarits agree in confidering trade as their ultimate ; but In matters of religion are fo cool and indifferent (except in one of our American colonies) that they look upon religion as a plant, which muft rear itfelf for them, or abfolutely perifh, and feandaloufly remifs in the bufinefs of reclaiming their favage fel low-creatures, to which end alone providence has vefted them with fuch ample powers, think themfelves totally acquitted of doing no fort of good by the aid of religion, they can withhold themfelves from making It the inftrument of evil. Such is the abufe of thefe advantages, by the nations of Europe who are favoured by heaven, and as it were intrufted [ 15 1 intrufted with the care and inftrudlion ofthe yet uncivilized part of the globe. The Jews, once a chofen people of the Deity, perverfly refufed the light of the gofpel when offered ; the nations of chriftendom, who feem eledled to be the difpenfers of the true reli gion, either negledl to let in the light upon their fellow-creatures, or throw In fuch a glare of fuperftitious pageantry, as muft dazzle, or entirely darken their underftand ings. It is not pretended, that when enterprizes are fet on foot, when difcoverles of new countries are propofed, that undertakers can. be fufficlently animated by the deliberate moral motive which I have, infifted upon. Velofco d' Gama, with the Other Portugueze adventurers upon the coaft of Africa, whilft they were erefting croffes wherever they landed in honour of chriftianity, by the ac knowledgment of their own hiftorlan, De Feria, received the real fpur to enterprize from a defire of gold, and other materials of trade: as did, with fome addition of a love of fame and glory, the Englifh navi gators, Raleigh, Drake, and others. The thoughtlefs feaman and foldier, muft' have a mere fenfual objedl for his end. But it is the duty of the cool fpeculative ftatefman, -to dart his eye beyond the furface ; and to manage In fuch a manner, that not only his own country, but the human fpecies, fhall C 2 receive [ i6] receive moral benefit, from the paflSons and propenfities of individuals. The general obligation by which the ci vilized parts of the globe are bound to com municate morality, religion, arts and fci ences to the reft, and confequently liberty the root of all, (for abfolute eonftraiJat even to good, puts a negative upon any raierit in the aiftion;) Ifay, my Lord, this geaeral obligation had almoft drawn me from figbt of my particular fubjedl, which was con- tradled to the ideas of that had policy in free ftales, which have treated their allies or colonies with feverity ; who have been re-; aaifsin preparing them for liberty, and when prepared, who have refufed to beftjow it on them. The Romans were brave, they were wife (in fpifce of Grecian romance), they were virtuous above, all other nations ; yet were they far from perfedlion in that part of their policy which- related to their allies. It is not the lot of mortals. They entertained no tions too exalted of their own merit ; and it was with great reludtance^ that their neigfe the world. In fome countries, their con quefts were fo imperfedl, that they were conftrained to a compofition with the inha bitants, and to take but part of their lands, and part of their flaves ; they were, for this reafon, obliged to have a watchful eye upon : enemies fo refpedlable, and adhere to thofe principles of policy, which they brought from their own country. Hence, thofe powerful mixed monarchies which we have fince beheld in Europe ; fome few flourluiing and vigorous, at the time others languid, de clining, and fcarce difcoverable to be ofthe Gothick kind. The more early Celtes, met with a different reception when they marched to the fouthward ; for Roman virtue having forced them over the Alps, they fell upon nations v/ho aft'orded them an eafy conqueft ; ' and for whom, the facility of the conqueft, muft infpire them with contempt ; they foon became eafy, indolent, and fecure ; loft fight , of their ancient inftltutions ; no regard to a general intereft ; each petty leader purfuing a felfifh, narrow plan ; and hence the imper- fedlion of thefe governments, which Csefar, and Tacitus defcribe, both in Gaul and Bri tain. Nations, whofe want of political ce ment, rather than of weight or numbers,- was [43] was the caufe why they were Immediately overturned by the Roman armies ; whom, even their enemies allow to have been brave, but divided Into fuch little ftates, that thefe divifions, and the want of a more compre- henfive band of union, did certainly produce their ruin. " There can be no doubt, but the Scotch government is derived from the Cel tick confined fountain, and has drawn from thence, the many imperfedlions with which it abounds; their leaders of clans, the unna tural diftindtion between people of one fept, from thofe of another, yet both living in the fame country ; the cruel animofity between thefe different fepts ; (fo cruel, that inftances have appeared, vvhere but one man alone, out of a name confifting of 2000, has fur- vived the rage of the adverfe clan, and all this to gratify the paltry ambition of the head of a family) Thefe, I fay, proclaim the greateft want of that found policy, arid good fenfe, which confults the quiet, the happi nefs, but above all, the external defence of the individuals committed to its charge. I, my Lord, wifh from my heart, becaufe I think it the advantage of human nature, that no diftindliori fubfifted. If poffible, between the nations of the earth ; but from a country which is united to ours, I am impatient to fee every diffimilitude removed, which may obftrudl our end. Impatient to fee the Scot tlfh laws approach nearer to the fpirit of our laws. r 44 ] laws, and to that fpirit which their ancef tors brought from Scandinavia, but after^ wards fuffered to evaporate, as I obferved before. I wifli to fee our jury law, and whatever laws have any relation to the li berty and property ofthe fubjedl, better re- lifhed by our neighbours ; and our common law, enjoy that preference which it deferves, to the arbitrary edidls of Roman tyrants : then fhould we fee minifters of that nation free from any bias to arbitrary power ; and judges, who fcorning to be tools of defpo- tifm, In juftice, temper and popularity, fhould emulate an Holt or a Camden. As I write without any defign of lower ing that brave and prudent people in the eftimation of their neighbours, and my ftrudlure being on the government, and not the individuals, I hope 1 fhall ftand acquit ted of any view, but that of reducing their prejudices in favour of any fyftems, which may prevent that affimilation with England, for which 1 have contended. Let Scotland difcern, acknowledge and imitate, where England is confeffedly her fuperlor ; it dero gates not from the merit of any fingle per fon of the nation, to make the conceffion, for it was time, circumftance, fituation, which have conferred the fuperiority : let England value not itfelf too much upon this accidental fuperiority ; nor defpife their nor thern fellow fubjedls, for being inferior as a people, ['45] people, whilft as Individuals, they are. iri-' cont'eftably their equals ; and, let them con fider, that the leffer merit they allow the Scotch, the more it is the bufinefs of the Scotch, as a brave and fpirlted nation, to claim and Infift upon. Ireland, my Lord, from the circumftance of feparation from Great-Britain, feems at firft view, to want that contiguity, which is, with juftice, placed amongft the effentials of union ; but Ireland has every other effential, and though not adtually joined to this ifland, is fo virtually and in effedl ; it enjoys very near the fame climate, and the genius of 'its inhabitants bear as near a refemblance to that of the natives of this country, as the confufed, undefinable form of government under which they have lived, will admit. But what fhould induce us moft powerfully of all to beftow upon it that attention which. union alone can create, is, that Ireland, in the poffeffion of fome neighbouring powers, would caufe a difadvantage of double Its own Intririfick pofitive value to us ; the human fpecies has there a moft ftrong tendency to multiplication; the men are brave, hardy and rpbuft ; the foil fruitful to an uncom mon degree ; and its harbours commodious, in every fenfe of the word. .Conceive then, myLord, the fatal confequence of fo inju dicious a treatment of that country, as abfo lutely lofe all the benefits which may aiife G from [46] from It, of^flackening the duty andlove it is-. difpofed to entertain for England. Con ceive, my Lord j fuch a country In the pof-; feffion of an enterprizing French or;Spanifh monarch, who would behold his intereft in ftrengthening, in cherifhing, and laying it as a continual check upon Great-Britain; how much of our regards muft be diverted from other concerns, by fo refpedtable a neigh-. bourhood ;. when thefe are confidered, with> the great additional ftrength which that. country muft bring to our own, as a part of one well proportioned body ; the objedlion of the want of contiguity immedla,tely va- nifhes, and we fee Ireland joined to Great- Britain by a firm political ifthmus. From the clofcft infpedlion I. have been able to make into human nature, fuch as it appears in perufing the hiftory of nations, or in obferving the adlions of cotemporary individuals (I fpeak of man, modified as he is by the laws, and education of the particur lar fociety, of which he is a member, not as^ he comes out of the hands of a, beneficent Creator.) It is very difcoverable, that he is, an animal, in Whom love * of felf does fo- ft-rongly predominate, as to make it very ne ceffary, * My opinion wilj not appear morally heterodox, be ing no more than that man is created with the proper liie of felf-love, which naturally feeks his prefervation, but that had example, bad education, and the artificial" neceflities- ^ I47l ceffary, that this ungenerous principle be counteradled by fome power, which fhould "have alfo this fame felf-love for its fource. Man, were it not for the • dread of law, would think himfelf very excufable in feizing 'Upon more of the goods of this world, than by the prefent focial methods of acquiring 'property, fhould come to his'ftiare.; the fear of punifh ment conftantly interpofes, and moderation, by degrees, becomes habitual. In communities,- then, man finds a check upon hisl defires in the laws, but, when we enlarge our view to the whole world, as a ;great aggregate of various communities ; each community of which, may be compared to an individual ; where are we to look for the means of controuling, of bounding, the com- biiied paffions of the multitudes which form each comiiiunity ? How produce moderation? How curb that ambition in the tyrants of thofe communities, which has fo freq'uently defplated the human fpecies } If we, per chance, behold national moderation from peculiar form of government, or what other caufe foever, prevail in one country, fo far from being Its fecurity, that country is thereby expofed to the invafion of fome per fidious neighbour; the law of nations is re- . neceflities in a ftate of fociety,. blow it up to an enor mous bulk, which would be pernicious, did not the laws of that fociety fupprefs, whatits bad'education had given jife to. G 2 curred [ 48 1 curred to, but in vain; a municipal law, the .magiftrate can execute; but tO' put the law of nations in force, againft an unruly ftate, the concurrence of- many pow,ers is neceffary ; this may be prevented by too ftridl a regard to private intereft, at leaft it rnay be delayed ; during that delay towns are deftroyed, pro vinces feized ; the aggreffing power takes fuch a hold, as may fupport him through a ten years war ; at the end of which, want of union, want of honefty, in fome or all of thefe powers, who are folemnly confederar ted to chaftize him, he has. the good fortune to efcape with impunity the corredlion : therefore, which fhould follow a breach pf the law of nations, is not fufficlently certain to deter the wicked and the ambitious in the prefent fyftem of Europe. The plan, faid to have been levied by Henry the Great of France, was laudable in defign, but impoffi ble, I think, in execution ; he intended tp bring the joint powers of Europe, who feem to have interefts the moft oppofite, as near ^s poffible to an equality ; that any of thofe nations who conftituted thefe two general divifions, may receive protedlion from their •own party ; when thofe pn the other fide, endeavoured to opprefs them: but neither he npr any elfe could afcertajn, wbpfe interefts were to be the clafhing ones. It was not thofe of rehgion, for we fee the Proteftant religion, every regard to honour, gratitude, ' and [49 ]- and its own real advantage, facrificed by a once confiderable maritime power, to a nar row, private fcheme of commercial, felfifh politicks. Auftria and Bourbon were not to be the contending family Interefts, for we now find them moft clofely, and as we are pleafed to call it, moft unnaturally connedled, Jn matters, therefore, fo fludtuaing, it was impoffible to forefee where, or between whom the contention fhould be. If Henry could have enfured one particular ftate, powerful, and yet honeft enough always to afford fuccour to the injured, then would he have fucceeded. Is not the ban of the em- .pire often unjuftly arrayed ? And is it not as often laugh'd at by thofe who are able to op- pofe it ? I fear, my Lord, that human fyf tems are not fo capable of perfedlion, as we, from our partiality to the framers,' are In clined to believe them; but efpecially when the means of execution are fo complicated, as in the prefent cafe ; and that, therefore, the moft fimple expedient, for preferving as general quiet, as the paffions and frailties of men can poffibly admit, will be, for every ftate to endeavour at ftrengthening itfelf, which will make neighbouring powers, for their own fakes, and the love they enter tain for themfelves, beware of violating the law of nations ; fear of each other, will pre vent repeated hoftilities, prejudices, vvrhich we obferve to fubfift moft ftrongly between thofe ' [so] thofe who are frequently at war with each other, will languifh and die away, and neigh bouring countries, inftead of hating, and feeking each others mifery, will love and ftudy to promote their mutual happiriefs; fp will fear, and an apprehenfion of offending by flow, imperceptible degrees, bring a peo ple firft to bear with its neighbour, then to efteem, and perhaps, in the end, to treat it with cordiality and affedlion. 1, therefore, muft applaud the wifdom of thofe, who endeavour to multiply virtuous induflrious inhabitants, upon fuch a partpf the earth's furface, as may be fufficlently ex tenfive to form a nation powerful and re fpedlable, equal to the defence of itfelf a- gainft injury, and able to fuccour a diftreffed neighbour, in cafe of any violence, which may put the common fafety in'danger: but fhould equity and moderation be the ac knowledged charadlerifticks of that nation j fhould all the materials for fuch a work be, as it were, already provided by the hand of Providence, and nothing wanting but a prov per political combination of them; it Is, doubtlefs, under a double obligation • of ftrengthening itfelf, becaufe human nature, in general, is deeply interefted in the fafety,- in the influence and, power of fuch a people; the fmall territory which may be drawn into fuch a community, cannot, with any juftice, compl.iJn of being ftripped of their defpica- ble I 5^ 1 ble pretenfions to independency ; when, , in reality, they are freed from, the tyranny of fome proud beggarly duke or count, from, the oppreffion of fome paultry republick, and made members of a ftate, where every man's rights are fecured; of a ftate, which is able to maintain real independency ; nor can any thing be more evident, than its being for the- intereft. of all Europe, that no petty fo vereignty whatfoever did exift ; a temptation- tp every ambitious neighbour, a caufe of frequent difturbance, and a kind of con ftraint upon thofe, who are peaceably difpofed to live in perpetual alarms*. ," The provinces of France afford a ftrong ex- apiple, how diftradled, how miferable that country has been, from the death of Charle magne until Richlieu's adminiftratlon, occa- fioned by the power and influence of the great vaffals of the crown .'' Was Provence fo happy under her counts; Normandy, Burgundy,. Guienne or Britainy, under their Dukes, as they have been fince the monarchy waa- formed ? What fubftantial fatisfadion, could the confideration of being ruled by one of their own cpuntry ; the vanity and parade of a petty court, whofe retainers devoured the people ; afford for the miferies to which the folhes and injuftice of their mafters did every ,* Quia inter impotentes et validos falfo quiefcas.' Tacit, de Mor. Ger. day [52] day eXpofethe.m ? And how, can the French^ with any juftice, fay they have loft their li berties, becaufe their peers have loft a dan gerous power i* And are a people free, be- ' caufe the great lords are able, upon any tri fling occafion, to rife up in rebellion againft their king f I rather believe their flavery more defperate arid deplorable. The French, probably, never underftood what real liber ty is ; for he, who would reftrain the en joyment of it to any particular order of men, and not fuffer its bleffings to extend through all the virtuous members of the community, miftakes the import of the word. I muft, therefore, approve the political wifdom of the French, for taking in thofe provirices, which feem formed by nature to coincide with their monarchy; the famenefs of lan guage, of manners, of cuftoms, encourage- irig, and facilitating their defigns ; and do think, the aceomplifhment was for the ge neral happinefs of thofe provinces, without enquiring what right one nation has to make another happy againft its will. But, when we behold the minifters or tyrants of France, fo Iniquitoufly abufjng their great Increafe of power, by extending their conquefts and in fluence beyond the limits which nature feemed to prefcribe; and Iriftead of applying that power to ftrengthen and fecure the quiet of Europe, exerting it on the contrary, in difturbing and deftroying it : we then, Indeed, [53 J indeed, muft lament their greatnefs, and ex prefs our forrow for that want of rational liberty, and pure religion, which would, un doubtedly, have produced equity and mP- deration in the councils of that great mo narchy. The geheral expediency indeed, neceffity of compadl, and powerful focial affociations, being admitted, the union of Ireland with Great-Britain appears eafy and natural, lia ble to no jealoufies of neighbouring ftates, becaufe, the fovereignty of Great-Britain over that ifland is univerfally allowed a- broad ; and that' we have always been of that opinion at home, appears, from having conftantly exercifed it, where the objedl haS been of fuch moment, as to affedl the in tereft of both kingdoms; fuch as fuperin- lending their legiflature, and taking from their peers a dernier judicial power, left there fhould be a failure of juftice, and de population enfue in any part of his Majefty's dominions; and that the leading men of that ifland are fenfible of that dependancy is clear, from their fubmitting, the very rrio- ment it feems to anfwer their own pi"ivate interefts, and fmall ambition, after having blufhed, perhaps, for one fhort feffion,, and forely calumniated fome poor, timid, unpo pular fecretary of their Lord Lieutenant. Nothing is, therefore, more fincerely defired, than that England flhould look narrov^^ly into H the [54] the affairs of that country ; that it fhould, confider them, in fome refpedl, as thejr own affairs, and take the proper fteps for bringr ing the people to a temper for mixing with themfelves, which having left them fo much in their own management, has hitherto pre vented ; nor Is it furprlzing, that the gentle men who conftitute the two legiflative bran-r ches of that kingdom, fhould be incapable of moulding their countrymen to the form we require ; their fcheme of government, and political Ideas, are contradled, confined to raifing fuch fupplies as their governors fhall demand, eftablifhing turnpikes, and e- nadling laws againft the growth of Popery; debates upon the general interefts of Europe, upon the improvements of commerce, the prerogative of the crown, or the rights and liberties of the people, are never heard with in their walls — they never afpired to the bleffings of an habeas corpus adl, the ftrong eft proof how fmall their defire of liberty; carrying with it, at the fame time, the im plied confcioufnefs of how little they deferve it : then, can it be expedled from thofe, to infpire the Irifh with fentiments, which may entitle them to unite with the freeft, wifeft, and moft powerful people in Europe ? The landed property of Ireland Is, at this time, vefted In the defcendants of Ettglifli or Scotch for the moft part, or held under titles deri ved from them ; the adventurers of Eliza beth, I 55] heth, and thofe of the long parliament, be ing, in truth, the conquerors * of that king dom, and the purchafers of thofe eftates which their pofterity now enjoy. The gen tlemen of that nation, are therefore fprung from a warlike anceftry, whofe blood and t were expended in fubduing, and en deavouring to civilize that country which they now poffefs ; and although both from right and convenience, Ireland is, and ought to be fubordinate to England, yet, has an Irifh individual as indifputable a right to li- berty^iand property, as an Englifhman j for why fhould not the grandfon Or great grand- fon of an Englifhman, who left his native country to fight for the glory and advantage of England, and by his valour and perfeve- rance eftablifhed a property for hiriifelf and family, be looked upon as inferior to the grandfon or great grandfon of an Englifhman, who chofe to remain at home ? No, my Lord, the fuperiority is of the aggregate, not ofthe individual ; It is admitted in one cafe, becaufe it is for the good of the whole ; it Is rejedted In the other cafe, becaufe it Is quite unneceffary j and all the gentlemen of Ire- * As for the conquerors of the more early periods ; their defcendants were foon degenerate, fo attached to the Irifh manners, fo eftranged from thofe of their Englifh anceftry, that there was a neceffity of conquer ing them with the old Irifh, particularly as they were infected with the fame prejudices againft the reformation, H 2 land [56] land have the merit of being defcended fnsm' a brave and free anceftry. I muft declare, that no people, to Whom fo many advantages have been prefented by circumftances mo(t favourable, did ever fo little avail therjifelves of them. England offers to their accep tance, the moft excellent code of laws that was ever framed hy any nation; the mildeft and moft rational religion; the foundeft maxims of commerce, and the beft inftrucr tions for the improvement of manufadlures : it has afforded them a wholefome example of. a ftridl execution of the laws, and moft of thefe proffered kindneffes. It Is as cerr tain, that the Irifh rejedl fuch laws as re late to inheritance, being originally inter woven with our military feudal tenures, which took place upon the firft Englifh fet tlement In the ifland, but fubjedl to the izth pf Charles the Second, are the fame as In England ; fo are thofe which relate to per fonal property ; the inftltutions which have for their objedl the manners and principles of the people. Independent of religion, are alfo Englifh, but thefe lie dead and unexe^ cuted ; thofle which relate to religion, are moftly enadled by themfelves, and are abfurd, unnatural, and fhocking to humanity, I mean the modern Popery laws, which tend to the difcouragement of that fedl by for feiture of property ; they are didlated by a fpirit of uneharitablenefs, which never en tered [57l tered into the laws of England, for thefe are remarkable for their lenity and preclfiofl, didlated by a fpirit, which inftead of diffu- fing benevolence amongft the members of a community, deftroys all confidence between man and man, and blafts every bud of ho nour and virtue ; thefe are executed by bills of difcovery, where breach of faith between neighbours, breach of honour betv/een gen tlemen, diffolutlon of the ties of blood be tween relations, are rewarded with the pro perty of the perfon againft whom the bill is brought. In England, the nature of a pe nal law is underftood, and it is a rule that the words of It, are neither to be extended or reftridled by conftrudlion ; the framers of thefe laws, which have for their objedl ac tions not criminal in their own nature, or as the lawyers fay, mala in fe, but only made criminal as they interfere vvith the policy of the ftate, enumerate the feveral cafes of tranfgreffion, awaken and colledl the fubjedls attention, point it to the thing which is to be avoided, and leave it not in the power of a judge to fay, that this, or that, was inten ded by the ftatute, although not particularly expreffed ; nor fhall the liberty of any man be taken a way by implication in matters ¦\yhich are morally Indifferent. But the Po pery laws of Ireland are monfters, fome call them penal, others remedial, and all admit, that judges can give them a conftrudlion, by- [58 J by which their determinations may be at fcaft arbitrary, and the people of that reli gion left in the greateft confufion and uncer tainty. Your Lordfhip fees how great an enemy to reformation of every kind, how radically deftrudlive of -all virtue, both pub lick and private, muft be that body of laws, which lets loofe, nay, encourages one part of his Majefty's fubjedls to prey upon the other; how fhould union or brotherly love fubfift, where legiflature is perpetually founding the trumpet of difcord ? How void of found po licy thefe inftltutions, which deftroy the mo rals of a people under colour of reforming the religion .'' That branch of the Popery laws which are tranfcribed from the Englifh code, are conceived in a fpirit of fimplicity and good fenfe ; avarice was not the blemlfh of the age which produced them ; they do not ftrip the unfortunate, mifguided, inno cent people of their properties, becaufe drawn into errors by priefts; connived at by ma giftrates, whofe duty it is to reftrain their religious dodlrines and difcipline ; they may be executed by juftices of the peace; no lawyers neceffary, no bills of difcovery, no profits immediately arifing to any particular individual, by the execution of thefe laws ; It is religion and the conftitution which are to receive the advantage, for which reafon they are fejdom put in force ; and fince the Popifh religion is detrimental to the kingdom, the rigorous f 59 ] rigorous meafures neceffary for its extlrpa-. tion fhould be felt, by thofe who caufe the delufion, not by the unfortunate deluded; It is the moutebank, vagabond, impoftor, who fhould be punifhed, and not the fimple, credulous people; fo that Inftead of laws which deftroy all confidence, and produce rancour and malevolence between fellow- fubjedls, the wicked, felf- interefted propa gators, the fly fmuglers of the religion into that unfortunate kingdom, fhould be the ob^ jedl of our indignation. England perfedled her reformation by expelling Popifh priefts, fo did the northern ftates, but Ireland expedls, by a fcandalous perfecutlon, to compel a bi- gotted multitude to reform itfelf, and drive out a fet of men who have now gained a firm eftablifhment in their affedlions and efteem, and who, I venture to fay, have a greater af- cendant over their hearts and confciences, than the moft powerful head of a fept could poffibly enjoy : nor can I fee, how the ex- pulfion of priefts could fail of fuccefs In Ire land; the Romifh fuperftition is fo contrary to common fenfe, to chriftian charity, to the general interefts of the human fpecies, that the clofeft application to the mind. In its circumftances of early. Indeed almoft infan tine weaknefs, is neceffary togiveitroot there, the greateft affiduity Is required to rear It, but once confirmed, like every other noxious weed, is with great difficulty deftroyed ; we, there- [60] , therefore, perceive thefe dangerous mlffiona- ries, initiating their youth as early as poffi ble in their fenfelefs myfterles, well know ing, that an underftanding, ftrengthened by reafon, muft ftart at their abfurdltles, and re jedl them with difdain j fo that if the laws vvere executed, which would remove thefe men from the opportunity of pradlifing upon the pliant faith of young people ; free and untainted, they would readily embrace a re ligiori founded on reafon and univerfal cha rity ; nor can thefe Romifh ecclefiafticks complain of perfecutlon, having felt no ef fedl of the laws enadled agalnft them, almoft for an age ; they fee and ftudy thofe laws a- gainft the exercife of Papal jurifdidlion, and yet, fuch is their matchlefs effrontery, as to hold them at conftant defiance ; they are al moft to a man, ill-bred, low-born wretches, but ever pretending to the gentleman, be caufe defcended from fervants and retainer^ in refpedlable families, they have impudent ly afiumed their names ; their learning a- mounts to little more than a bafe unclaffical fmattering in the Latin tongue, which ena bles them to blunder over their maffes, the rudiments received under an Irifh hedge, and farther cultivated at fome ftarved French feminary, in return for which fcanty chari ty of his Moft Chriftian Majefty, they Im port into the dominions of his enemy, the ^eeds of rebellion, and^a total abhorrence from [6i ] 'from the free fpirit of the Englifhlaws and •government. What juft caufe of- clamour -could- exift, if his; Majefty appointed a fub- fiftence in a^ foreign country, barely fufficient to keep them from labour during their lives, fubjedl 'to this condition, that they never -return^to aikingdsm where it is moft certain -they cannot live without tampering .with con fciences ? This is a mild expedient for getting • rid of a fedl, which, ¦¦ for two centuries, , has •checkt the progrefs of all improvement, and 'frequently involved that ifland in wars and tumults, by invariably adhering = to the fide of fuperftition audi tyranny; andd moft •^ heartily wiffh to fee -. this method fubftituted «to the punifliment of the innocent, and to the Inflidlion of feverities upon the many, when " proper caftigation pf -z . few . would ¦ better ' anfwer the purpofe ; ; but I •¦ fear the ^ landed intereft of Ireland do. not difapproye a policy, which keeps the pofterity of the •men whofe forfeited eftates they enjoy, in a •i'ftateof mifery and ;diftradlIon, and that, too poignant a remembrance of, the cruelties of '' the Irifh Papifts to their anceftors. Inclines ' them rather to opprefs and enflave the def cendants of that people, . than endeavour; fe- -rioufly to reform, mix with them in brother- ciy.love, and be joined as fellow- fubjedls by ' the ties of focial affedlion. Iwell know, that the danger of Popery, ' has been treated as a bugi)ear .by feyeral on l' this [ 62 1 this fide the water, efpecially by men, whofe bias to arbitrary principles of government, prevents their feeing any danger In a fedl, whofe political opinions are the fame with their own ; they feel not the inconveniencies that attend it, and are ignorant ofthe fright ful effedls of that fuperftition,both here and In Ireland; their information not exceeding fome few fadls which have happened in their own time, ftands totally unaided, not only by books, but even tradition from their parents; they confider the toafting of memories by the Irifh Proteftants, as having a tendency to di vide the people, and keep ancient animofi- ties ftill alive ; and it is certain, that a late high mettled fecretary to a Lord Lieutenant, had the Impudence to pronounce a declama tion to that purpofe In the Houfe of Com mons of that kingdom, penned, as it is fup pofed, by a remarkable ftile mimick, from whom that fuborator feemjs to have received his impreffions of Irifh affairs, and Indeed, of politicks' in general ; had he delivered his indiredl farcafms upon the memory of Wil liam the Third, as the opinion of himfelf or his inftrudlor ; no man who had the leaft knowledge ofeither, would have felt any fur- prize ; but an infinuation of its being the fenfe of the people of England, that the Irlffi Jhould forget the obligations they owe to the glorious revolution, that they fhould omit any^ thing which may preferve it frefli In their memories, [63] memories, that they _ fliould lofe recollec tion of what their anceftors fuffered by Po pery, from the time of .Defmond's rebellion to the capitulation of Limerick, or lofe fight of any meafures which humanity will ad mit, of difabling Popery, from making any attempts for the future, was, doubtlefs, the higheft degree of prefumption, that any de- claimer ever arrived at : England, on the con trary. Is well apprized of the undying ran cour of that religion, and the almoft Irre- fiftabje diffimulatlon of its chiefs ; how cooly and fyftematically they proceed in bringing about their ends, how unrelenting when poffeffed of any power over their adverfaries j that the Interefts of Proteftanlfm are neither fo clofely, nor uniformly purfued ; that its profeffors are divided by not adling under one common head ; not agreeing entirely either as to dodlrlne or difcipline ; in fhort, that they are too Indifferent about a religion, which having reafon on its fide, they look upon very- able to fupport itfelf, and do, therefore, applaud their Irifh fellow- fubjedls for their caution. It is a ftrong argument agalnft fuffering Popery to continue in Ire land, that the progrefs of every good thing is thereby moft amazingly retarded ; arts and manufaftures are born down by the lazlnefs and want of decent ceconomy, which forms the indelible charadler of that religion, ex cept in France, where the natural vivacity I 2 of r^4]i of the people does, Iti fonie meafure, cheek its pernicious tendency ; but a much ftronger • it is, that government, that the conftitution is particularly affedled by the evils- which- thence enfue, nor can it partake of the free- fpirit of Englifh government, altho' the bpdy and members are precifely the fame ; the people, like thofe of England, fharb inthd legiflature, by fending reprefentatives to par liament ; but to a true conftitutional repre fentation, a ftrong relation between the con- ftituent and the conftituted is abfolutely ne ceffary, in order to retain the reprefentative within the bounds of duty, and oblige hirii to hold it evef in remembrance, that he is fent to parliament, not for his- own- private advantage,' but for that of the publick; the more confiderable the number of eledlorsj the more refpedtable muft they be in the eyes of the eledled, and the more cautious- vdll the latter beof^negledling or betraying their caufe : but whilft the Popifh religion pre vails, as to numbers, the body of the peo« pie are not reprefented, the individuak of that perfuafion, lying to a man, under a le gal difability of voting at eledlions; mem bers are fent up" to parliament by a few Pro teftant freeholders, fo few, as to challenge very little refpedl in the eyes of men, whdk feats in the houfe have no certain limitat'bn of time, and thefe fo eafily managed, that it is very doubtful, whether the fcandalous negledl r 65 1^ negledt of propagating, true religion, which has appeared in the leading men of that kingdom, has not proceeded from a notion- that the diffufion of it through the people, would give them fuch a weight and authori ty, as may exadl a greater attention from thofe who have occafion for their favour, than has been hitherto found neceffary ; and it is not improbable, that a confideration how much the emoluments of a free trade in Ireland, muft be enjoyed by a body of men,, who are natural enemies to liberty and the prefent family, may furnifh motives to England, and for ought I can fee, very rea fonable ones, for continuing that kingdom under its prefent commercial reflraints. Since then, it is evident, that the gentle men of Ireland, either through a want of proper training to a more extenfive plan pf politicks, or from too clofe attention to their prefent apparent interefts, fhew a reludlance in advancing their native country to fuch a ftage towards perfedlion, as may bring it to be of greater ufe In the general fcheme. It is moft incumbent upon England, from a principle of felf-prefervation, to obferve it more attentively, as a quarter, by which, in .cafe of negledl, they are likely to receive a moft deadly blow *. The * Pfobabiy no part of Roman policy was more liable to cenfure, than their omitting to unite Sicily with Italy, they [66] The conftitution of Great Britain has, from caufes very obvious, taken fince the re volution a dangerous turn to ariftocracy, in fomuch, that it Is amazing to hear authors of high reputation complain of its tendency to democracy; the Houfe of Commons, it is true, are fuppofed to hold the ftrings of tbe national purfe : but the majority of that houfe, is certainly formed of men, recom mended in counties, but principally in bo roughs, by lords ; if they are therefore fep- tennlally created to reprefent the people by the lords, their political opinions and con dudl, muft depend upon thofe who create them ; the lower houfe is loft in the upper, and far from being diftlndl branches of le giflature, they are virtually, altho' not yet nominally, the fame ; was not this the cafe, all places of truft and profit would not be poffeffed by lords, their relations and depen dants : neither as to capacity or Induftry, can they claim any fuperiority ; and his Ma jefty would not be lefs refpedlfully ferved, by men who ftood fingly on their perfonal merit and loyalty, than by thofe who are in flated by their own power, or by the con fequence and power of thofe who recom- they would have thereby taken from many bad citizens an opportunity of becoming rich, and prevented the dread.ful infurredions of their flaves, which lawlefs op preffion of the wealthy landed intereft of the ifland did .occafion. mend [ 6; ] mend them ; but the general bad effed^ of this evil, being not immediately to my pur pofe, let us fee how prejudicial It has proved to the Inteiefts ofthe country I fpeak of. The Lieutenancy of Ireland, is eonfigned of late years, to perfons of the firft rank and title only, and altho' an office upon which de pends the advancement of arts, the reforma tion of religion, and the eftablifhment of government in that kingdom ; yet, to the carrying forward of thefe really important works, the fuper-intendancy of a Lord Lieu tenant cannot be obtained for more than fix months out of twenty-four ; fome, indeed, condefcend to go over a fecond time ; fome, out of a confcioufnefs of mifochaviour, arc afraid to venture, and yet their impatience to continue there, does not proceed from any diflike to the profits of the employment, as they prefs moft eagerly at home for every lucrative one, nor from a defire of avoiding the fatigues of a court, for their ambition difclofes itfelf. In the encouragement given to their own little levies at their refpedlive palaces in Weftminfter, where their depen dants pay a conftant attendance ; nor from an apprehenfion of lofing the royal favour during abfence, like the unfortunate Effex, but it proceeds from their apprehenfion of lofing their Englifli voters in the hoiife, and at eledlions for members and magiftrates; fo that were it poflible to confine the nobility to [68] to the conftitutional range which the law prefci-ibes, a double advantage; W'ould thence arife to Ireland ; the prefence of thPfe noble perfonages appointed by his Majefty to be their guardians and protedlors againft do- meftick oppreflion, and that the younger fons of the gentlemen of the kingdom, would then enjoy a more reafonable propor tion of the employments, military, civil and ecclefiaftick, which their country fo plenti fully maintains, than they can in the pre fent fituation of affairs, whilft • their govei'- nors are obliged to beftow them upon their 'Englifh dependants, whofe friends and .rela tions have engaged in fupporting' their par liamentary influence at home : and here ypur Loi'dfhip fees a great part of the wealth of one ifland, diredled to the- ruin of the liber ties of the other-— —But to proceed, if the chief governor was to continue in the king dom, he might be at leifure to -make prpgref- fes, fee whether the people were gpverndd or oppreffed, and what was the true and ge neral fenfe of the nation; he would there behold the Proteftant religion expiring thro' , the iazinefs of our priefts, and ariunwcaridd application In thofe of the enemy; theinter- nal rule of the kingdom or its police, by which the manners of a people are princi pally formed, intrufted to magiftJrateSs whofe only recommendation is a blind obedience to the will of thofe, who enjoy the derivative , power [ 6p ] power under the chief governor, and a burn ing zeal for extending their interefts at every ¦eledlion; he would fee the money raifed upon the people for encouraging manufadlures, and eftablifliing the moft defirable conve nience of an inland navigation, perverted to ,the vile purpofes of acqdiring a dominion over boroughs, by jobbing the rnanagement of the Works to thofe who are able to lend their affiftance therein ; If he continued his tefidence in the kingdom, he would difcover "laws to have been enadled, which (contrary to all thofe rules kid down by reafon and publick utility for the diredllon of legiflature) are refpedlive in their nature, and afTume for their objedl tranfadlions and agreements, which had an exiftence previous to any no tion of making fuch laws, with a view to encreafe the private fortune of fome parlia mentary leaders, or fc reen fome of their fa vorite tools from the juft demands of their fellow- fubjedls ; he would fee thefe leaders profeffing whigifh revolution principles, and, indeed, procuring and continuing to them felves much Proteftant popularity by fuch appearances, yet, taking every indiredl me thod of fubverting thefe principles, by cor rupting univerfally, and erafing from the minds of their countrymen, every impreffion of honour and regard to liberty ; he would fee the common, people labPuring under all the miferies ofpovertyi of flavery, and daily K finking [7ol finklrig from bad to worfe ; and he would lay the true ftate of that unfortune kingdom before his Majefty, from whofe wifdom and gopdriefs it could not fail of redrefs. But if an unbounded attention to their parliamentary concerns, has fo entirely en- groffed the body of the Britifh nobility, as to render it impofiible to find thofe amongft them, who will dedicate their time to a real difcharge of thieir duty as a Lord Lieutenant of Ireland ; many commoners may be found, who with great juftice, will think them felves highly honoured by the office, even .under thzl fevere condition of doing their duty: the office derives no luftre from the perfon, but the perfon from the office; a rule, which will hold even with kings. It is allowed, that to the exercife of an office in the trea- fury, admiralty, or the other departments of .government, fome experience and applica tion are required, but for the government of a kingdom, which contains above two mil lions of inhabitants, fupports, as I am In- fprmed, twenty thoufand men, with place men and penfioners beyond number, a no- .bleman becomes inftantaneoufly qualified; and when he thinks proper to be weary of his charge, his fucceflbr becomes as fudden- ly, and as miraculoufly qualified as he. If a country is fo far removed from the refidence of the fovereign, that he cannot fee with his own eyes the real ftate of that country ; and if [71 ] if the indolence or avocation of viceroys are flich^ that they .will not fee with their ovi^n' "eyes, but muft receive the reprefent at ions, which they lay before Majefty, from men whofe private intereft it is, that every thing ftiould be mifreprefented ', then will a few fa milies of large fortunes, and extenfive con nexions, play off the king againft the peo ple, and the people againft the king, and with the greateft fuccefs, provided they are ftrengthened by an Englifh intereft, they will appear to the people poffeffed of the royal confidence, from the power they are feen to have of beftowing fome trifling civil employments, at times, a commiffion in the army, and upon extraordinary occafions, per haps, a bifhoprick ; and the loyal deport ment of the people will, by a moft fcanda lous impofition, be imputed not to its real caufe, a thorough y^;?/^ of their duty, and an unalterable affedlion to iheir Prince, but to the addrefs and Ingenious management of thefe leaders ; this, I may venture to undertake, is the hinge upon which Irifli government has long turned, and the confequence muft be an abfolute vaffalage in that country, and an entire obftruftion of all Intercourfe be tween King and people; the feelings of al- Tegiance will become faint ; dependance, fear, adoration of their domeftick idols, will take place, and thefe idols will have jt in their power at .length, to extort from their K 2 ^nafler [ 72 ] mafter whatever fpecies of penfion, or gra tification, they, in the plenitude pf their in-^ folpnce, fhall think proper to demand. However, fince the age in which we live is fuch, that an unfocial, contradled felfifh** nefs, appears the ftrongeft line in its charac-^ ter, I fhould not, my Lord, be furprized to hear it urged. In oppofition to my fpecula- tions; If Ireland is of fo gneat moment, fo fruitful in foil, its inhabitants fo numerous, with fuch variety of other advantages, why fhall.it not take care of itfelf.? to this it may be fufficient to reply, that from her po-^ Ijtical dependance upon England, fhe cannot venture to undertake any bufinefs of weight, or of confiderable import to herfelf, without the confent of England, bold firokes of re formation come from the arm which is power fv,l, and unconfi rained; that Ireland, backward as; fhe is in copying from England, whatever may be ufeful and praife-worthy, has been moft, fingularly docile in the fcience of cabal and domeftick intrigue, nor are her fons lefs fexpert In bribery and corruption, than the managers of the moft difputed borough in England : we have, therefore, rendered them both unfit and undifpofed to reform themfelves, whilft their fubordlnation, had they been never fo well difppfed, has put it entirely out pf their power; but if this re ply proves infufficient, arguments drawn from love of felf, muft have their due weight, [73l weight; and let us recoHedl, that a time may come, when fome powerful ftate, lelb indifferent about the advantages which na ture offers, may think ferioufly of that coun try, which we look upon as un meriting our notice ; that the mifcondudl of governors, or the under agents of governors, may cre ate an indifference in the minds pf the peo ple, whether they live under an Irifh Lord Lieutenant, a French commandant, or a Spanifh viceroy ; that the united difaffedlions of the inhabitants, both Proteftant and Pa- pift, muft yield great encouragement to foreign attempts to Invade them, and almoft certain ftability to their invafions ; and that In fome future luxurious, degenerate age, a Hawke or Kepple may not appear, whofe matchlefs intrepidity fhall brave the dan gers of rocks and fhoals, to deftroy the de ftined invaders, perhaps, the conquerors. Our Plantations have formed thefub- jedl of fo much debate and altercation of late, that little new, and therefore very little in terefting, can be now advanced upon that head ; yet how will this matter appear, upon trial by that real touchftone of all political difquifitions, improvement of manners and pub lick fecurity ? Moral perfedlion, or the near- eft poffible approaches thereunto, is indif putably the firft, and moft worthy end of all our purfuits ; and yet defence againft exter nal violence, protedlion of the community engages. If4r] engages, and with reafon, almoft an e^iial Ihare of our attention, being that,* without which, an opportunity of affedling the- for mer is abfolutely loft; arts, fciences, and pure religion, no more than eloquence*, can have their natural growth, amidft the Ilrugglings= for liberty, amidft the fhouts of conqueft, or, indeed, amidft the fears and apprehenfions of being conquered ; to this purpofe is required a fteady, fettled, unpalli- sble temper in the ftate, for which reafon, many fmall confiderations muft give way to this iSngle great one ; agreeable, therefore, to this principle, I cannot avoid declaring, that our American fellow-fubjefts have not maturely confidered how trifling are the re- llridliorts of the. mother country, when weighed againft the advantages, which that feme mother country has afforded them j and I Confider every writer who would whet the edge of their appetites, to a higher degree of keennefs, for trade and wealth, as the general enemy, who would raife them too high in their own opinions, and leffen, in their eyes, the obligations they muft owtg to England : they talk of having carried their fortunes from England to make their fettlements ; fome particular men might have done fo, but, * Neque enim in conftituentibus rempublicam, nee ki bella gerentibus, nee regum dominatione devinctis, Bafei cupiditas dicendi poreft. Cicero de Oratore. nothirig [75] nothing is more certain, or better known, than that neceffity has been the caufe of al moft every emigration that has happened,, and that the beginnings of moft American properties were remarkably flender : by a free and beneficial trade, well protedled by Britifli navies, they have, indeed, accom- plifhed a moft rapid growth, to which their own much to be applauded care and induf try has largely contributed. The rlfquc^, they fay, they have run in making their fettlements cannot, as they pretend, be admitted as done with a view (fE ferving the mother country, be caufe, in .general, countries are allowed to fuffer rather, by the exportation jof their wealth and inhabitants, and fo would Eng land, did not the peculiarity of its naval and commercial circumftances, fo fingularly dif- tinguifh It from Spain and all other coun tries ; did not its dominion of the feas, fo fa cilitate the intercourfe between every branch of its ettipire, that any of its inhabitants, pr the property of any of its inhabitants, may, as it were by magick, virtually andin effe<3:, appear wherever they require. Now, as. to their obligations to Britain, admitting that no pecuniary aids had been advanced to wards eftablifhing their fettlements, how can they difcharge themfelves of the obligation of having received from England a body of excellent laws, ready to be tranfcribed ; a fet of fecial improved manners, ready to be tranf- [ 76 ] tranfplanted ; arts and fciences ; all which, if raifed from the feed, would have a tedious, and interrupted growth In the wilds of A- merlca ? If we add to this, that refpedl which a fubjedl of England muft challenge, in what fituation foever, which no fmall colony could pretend to maintain, it will be impoffible to liften with patience, to the man, who would refine away thefe obliga tions, by alledging that England has adled from narrow motives, in order to ftrengthen herfelf: an undutiful child, may tell his fa ther, that he begot him to pleafe himfelf; that he cherifhed him, that he fixed him and his fortunes in the world, merely to gratify his parental feelings ; and upon this falfe reafoning, impioufly hold himfelf acquitted of every duty ; but nature declares againft him; and altho' no Ingratitude can dwell where there is a reciprocation of good offices, yet, he who receives the firft adl of kind- nefs, will ever remain the moft obligfed. No man entertains a more cordial affec tion for our fellow -fubjedls of America than I do ; their emotions in favour of liberty are generous and praife-worthy, but muft ftill be of opinion, that they have not, as yetj cdn- ceived (fo generally as may be wifhed) no tions of government fufficlently digefted'and extenfive; fince their anceftors made their emigrations, liberty has received many and great improvements; the rude wild ftock, hurried I 77] hurried by fcandalous perfecutloris at home» they haftily plucked from the mother foil ; it ftruck flrong roots, and vigoroufly flou- rifhed iri their new congenial clime ; but it was at the revolution, the generous well- flavoured fruit was engrafted, which I fear, no part of the Britifh empire, except Eng land, has yet brought themfelves properly to relifh. A facred and inviolable right of taxing themfelves, and regulating their own affairs, without any exception,, for what unforefeen dangers and fudden emergencies may pro duce, has been contended for with too great a latitude ; the colonies muft now confider themfelves as a part infeparable from the grand body of the Britifh empire, and as fuch, an evil happening to that part, may Ipread itfelf to the whole, as a fore in any particular member, may caufe a general mortification; inattention to, or bad manage ment of the plantations, may let in an evil, which would. In its confequences, bring the exiftence of Great-Britain into danger ; a moment's deliberation, "then, tnuft furely fix the relative weight of Britifh trade, glory, and Influence, to that of American pure na tural liberty, and abfolute, uncontroulable independance. The Americans, being the fubjedl of the prefent debates, becaufe they happen to be more immediately concerned, declare themfelves the proper judges upon L the [78] the occafion, but althp* moft immediately concerned, they do not furnifh the objeft pf great efl concern ; Britifh fafety, power and trade, furnifh this grand objedl : Britain, therefore, is the more competent judge, and it would be unreafonable to expeft, that any wife adminiftratlon, after the warnings *1- ready received from the Indolent depprtment of the colonies at the beginning of the late war, would fuffer confiderations of fo high a nature, to reft upon the determinations of men, whofe negledl has been already fo juft? ly cenfufed, from whofe toi;pid fullennef^ and obftinacy, the enemy did confeffedly de^ rive fuch advantage. Shall It depend upon the refolutions of 3 Philadelphian aflcrohly, whether our fellow- fubjedls fhall arm In de fence of liberty and property? Does the fate of a whole continent bear any proporr tion to an almpft Imperceptible encroach ment upon the important privilege of an American, deliberating for a year or two, whether he will pay fix- pence in the pound, to fave himfelf and family from perdition ? A provincial affembly is very capable of 4e- termining upon what Is moft expedient for their own Internal rule, what moft advan-^ tageous to their trade ; but when the great fcheme of governing all the parts of an ex tenfive community, when the relation ifi which they ftand to this community is to be confidered, then their capacities begin to narrow [79] narrow in my eftimation, and they come to fhew themfelves In a fphere of debate, for which I can, by no means, think them qua lified. Why, fays an individual, fired with a wild fpirit of liberty, fhall I give up that power which nature has beftowed upon me, of adling and thinking for myfelf.'' Why, fays an advocate for fociety, fhall you be protedled by fociety in your property and perfon. In the exercife of virtuous liberty, which is a power of doing, not what you will, but what you ought to will ? If no in dividual then, may fet up his fingle opinion and ftrong cravings for crude liberty, where fecial good is concerned, if he Is not allow ed to difcern fo clearly, whether thefe loud calls of nature, about which he makes fo grieat a parade, may not interfere with, and Obftrudl fome moral and focial end ; no more is- any diftlndl part of an empire,' Intitled to Carve Adt itfelf, and lay it down as an inva riable maxim, that on no occafion whatfo ever are they to be governed, by rules to which they have not confented ; much re fpedl, therefore, is due to the opinion of Great-Britain, In that material point of re gulating a provincial defence, and whenever it' fhall be urged, that the. Americans are iribft competent to judge of the quantity of taxation, or the tnetbod of applying the taxes, and that a want of proviricial defence, muft be more immediately and fenfibly felt by L 2 them- [ 8o] themfelves, than by thofe who are far re moved from the fcene of American affairs ; when they plead the great law of nature and of liberty, to any claim of Britain to fuper- intend their affairs, I reply, the ideas of fe cial liberty in diametrical oppofition to their allegations, I aver, that they are not the moft competent judges of the expediency of a domeftick defence; and I eftablifh my averment, by England. Price is. 6d. XIII. A LETTER concerning Juries, Libels, Warrants, the Seizure of Papers, and Sureties fer thePE.'^CE or Behaviour. With a View of fome la*e Proceedings, and the Defence of them by theMajo- sity, upon th& i.-'rinciples of Law and the Constitu tion. Fifth Edition. Price only is. 6d. XIV.' A POSTSCRIPT to the fame. Second Edition. Price rs. XV. The State of the Nation ; with regard to its Income, Expenditure, and unfunded Debt. Fifth Edi- fcon. Price is, XVI. The BUDGET. Eleventh Edition. Price is, XVlI. The Right of Appeals to Juries in Caufes tef Excife afferted. Second Edition Price is. XVIII. The Rights of the Colonies, afferted and proved. By James Otis, Efq^ of Eofton in New Eng- htmL Second Edition. Price 2s. XIX. An Account of the late Right Hon. Henry iBiLsoN Legge. With Original Papers. Price is. A SHORT HISTORY OF THE CONDUCT OF THE PRESENT MINISTRY, With Regard to the American Stamp Adl. The SECOND EDITION. LONDON: Prated for J. Almon, oppofite Burlington- Houfe in Piccadilly. 17-66. [Price Six-Pence.j A D y E R..T l:S EM E I^ T. THE follqwing Pages were really the SuJjftance of a private Letter, very lately fent by a Gentleman iii Town to his Friend in the North j and by that Friend have been tranfmitted to the Prefs, without the le^ft Alterations', except the Addition of a few Stops, and an pniiflion df the Writer's Name, A SHORT HISTORY OF THE Prefent Miniftry. In a letter, &c. My My dear Friend, ? ^:^_, OU have long defired, and 1^ )k I will give you, in the beft manner I can, a fhott History of the Conduct of the PaESENT JVjflNISTERSi Respectino -B tbe [4] the American Stamp-act. As to the fty le, I fhall not take much pains ; but as to the faEis^ you may depend upon them. * It is noW^about two years ago, fince the Houfe of Commons came to t refolution^, with regard to the right of laying taxes in America. Every body t then knew^ , andi^ the Minifter of that time made no fe* cret of declaring it, that that refo lution was the forerunner of a tax. The gentlemen abovementioned, wer'e then in oppofition. They were hanging out the ftandard of Patriotifm, and \affeBihg''\o fight under it. Yet they did not oppofe this refolution ; momentous as it manifeftly appeared to be, in lay-f ing not only the foundation of the U Stamp [5] . Stamp Tax (whicli was known tobe then in agitation) but of ^^^j and of every other Tax which might follow, and involving, as it certainly did, ** concerns of the moft extreme " magnitude," and ofjthe higheft importance to both Great-Britain and America. It feemed to all, to be a -clear thing ; for the whole were unanimous. It was not un til the. following feffion, that the Bill forJevying a Stamp Duty was brought in. So that there was fufficient time given to thefe fup pofed Patriots, for colleding all the arguments and fentiments, of all the interefted, and wifeft per fons, on both, fides the A tai antic. But they negleded making any ufe of this great opportunity ; though, if they ha.d really wiftied to ferve B 2 America, [6] America, as they now falfely pre-^ teddj they certainly would not. And this much) at leaft, muft, or ought, to be faid in behalf of the late Miniftry^ whom I by no means intend to vindicate in this ntjeafure, that very few Ads have at any time been pailed with fuch unujual deliheration. Of courfe then, with "th© greater contempt ought we to look upon a fet of men, who are now making a parade of pouring iforth theif Mock -SEN TiMilNTs, and arraigning the propriety of a mea* "ure, which they had not fpirit to oppofe, in the proper feafon ; not- withftanding the moft reafonable allowance of time, for awakening their courage, if they ever had ny ; afid for obtaining intelligence ,d digefting ideas, But the truth is, [7] is, the greateft: part of them were" of the Minifter's opinion, and have fince changed their fentiments for the promotion q£ their interefts. Very little oppofition therefore wals made to the Bill : very few things were faid, and there was no divifion. This was in one place. In another, fo fh-ong was the una- jnimity^, that thi^e was not even a fingle fyllable uttered againft it. It is true, fome of the old leaven, who call themfelves W'higs^ but who are in ' fad; fo corrupt and dafiardly, that they are the abufers^of any name, but that of time-fsrversj did afFed to fuggcft to a certain noble Lord, fomething like a feint of oppofition to the Bill. But this noble Lord, who vvas fingle in the fup- [ 8 ] fupport of . public Liberty, inthe hour of danger, and when none other of the party had virtue to appear .> whofe intrepidity on that. occafion was fuch, that his real friends began to tremble for his fafeity j ? who was likevvife fingle in fuftaining with his purfe the whole weight of .that piiblJQ caufe ; and who prefer ved, as ikr, and as long, as ONE MAN could, unanimity in fuc}\ a contaminated fet : from whofe po pularity of charader, defintereftf^d condud, and high efteem with the PubHc, Jhey borrowed that Jh^elom of Patriotifm, which they now fo aukwardly aflFed to wear, after ha«dng parted with all pretenfions. to the fu^^ance, by the moft atro cious and moft, abandoned ads of intended and attempted t a e ach e- RY ; [ 9 1 RY 5 \?hich being now ,I|:niOwn, will mark them with infamy to their graves. I fay, this noble Lord, not having forgot the fcandalous leagues they had entered into with ia certain prerogative lawyer, fince dead, be admit- tedr * Now all this was long before the reconciliation between the , nobli^ Lord and his Brother ; or before that event was even thought of. So that it cannot be afiTerted, with out the moft manifeft violation oif truth, that the noble Lord chang ed t '3 3 cd his opinion in complinient to his Jrelati^n, or the temper of the times; for he ha« been uniform ly THE SAME : which is more than can be faid ofthe gentlemen at pre- ieat in office. It is, a f^d which they cannot deny, and can be too well attefted for them to attempt to refute, that io eager were they for great fala- ries, they made nO hefitation of de- ferting their friends, and did not even wait to make any ftipulations whatever. The affairs of the na tion, and all public and private bu- fi.nfefs, were left to the chapter of accidents. So that it is clear, they\ went into offices merely for the e- molunients of them ; and that A- merica with them never Was an objed. C 2 Anc [ H] And to put this affertion beyond all doubt, we need only take a fliort review of their fubfequent condud ; and we (hall find, that the fame manifeft diffidence and un pardonable negled, which governed them when in oppofition, to have guided them when in office ; with this difference as to the motive only, that before their acceptance, they thought mildnefs in their meafures, and a forbearance to ftand forward upon any public ground, or in fup port of any public caufe, the beft way to get to St. James's : and hav ing, to the aftoniftiment of man kind, by deferting their friends, and turning their backs upon all thofe who had ferved them, at length arrived there ; they thought a iervile compliance with every tem- [ 'S ] temporary liumour, and a fcanda';^ lous proftration and the. moft finr cere oblations, at the flirine of the Favourite, which they repeatedly- offered, and he has -hitherto re peatedly refufed to accept ; the beft , mieaiis of ft^ying there. - > Accordingly we find, that aj^ though it was under their admini ftratlon that the firft advices came from America, of the general and violent oppofition to the Stamp Ad; and although the adjuftment of this bufinefs ^yas of the higheft importance , to both Great- Britain and America, and the very nature of it fo confequential and preffing, that both countries might be ruin ed by DELAY : yet with the ftrotng- eft and iulleft infprniatipn of the be- t '6 ] : behavioar of the Americans before them ; with ,thdr eyes open, as tb a profped erf the terrible confe quences which prefented themfelves before thefe unfeeling Miniftets; who knowingj or might have known, if they ever read the Stamp Ad, that it was to take place on the firft day df laft November; and that a fufpenfion of this moft impdrtant eonfideration, muft in evitably occafion an almoft total flagnation of trade i I fay, notwith* ftanding all thefe great and forcible reafons for calling the Parliamtnt; yet did they put off the meeting of that Affembly for bufinefs, until the middle of Janu^y. And it v/a.& not until above feven weeks after, th^t the repeal of the Stamp Ad was even believed to be certain. The t '7] The tanadity with which they were feized, owing to a continiial di^6ad of lofing their peaces ; and the fludiiation and contrariety of opinions amongft themi, owing to the heterogeneous mixture of which they are compofed ; were the true caufes of that moft injurious and moft unpardonable delay : for it is a iFad well known-, that fome times they were for enforcing thei Ad, (and by poftporiing the con fideration of it, they undoubtedly meant that it ftiould eaforce itfelf) fometimes they were for fufpeoding it, at other times for repealing it, and never unanimous iii any thing 5 until the Great Commoner fandifi- ed the revolt of America, and hav ing by a dodrine, which they had not fpirit to either adopt or oppofe, and [ «83 and by which they were ftruCk with'difmay and confufion, laid the foundation of a total feparation be tween Great-Britain and the Golo- nies,» and in ;them, of an abfoliite> independence of the Mother Coun7 try; he at length fixed them in the ad of repeal. ! The fufpence and imbecility on this fide the water, encouraged the- ferment on the other : hence arofe thofe conditions to theBritifli mer chants and traders, of not fending any goods, ; unlefs the < Stamp AEi was. repealed. And hence thofe many ; inflammatory publications, which our Delay furniflied fuch an ; opportunity for writing and propagating throughout the Colo-f nies: likewife that general union of the [ '9 3 the Colonies; and above all, that repeated denial of right, which nothing can now erafe, and which has for ever wounded the Majefty pf England^ and planted thorns under the pillow of our Sovereign. Whether the Stamp Ad was ori ginally, or whether the repeal of it now, be meafures either prudent or confiftent, I will not fay any thing, becaufe greater authority will foon determine both. But I hope eve ry body who knows the few fads I have here thrown together^ or to whom you may think proper to read this paper, will readily agree with me, in thinking and faying, that the diftreffes of Great-Britain and America, fo far as relates to the Stamp Ad, have not only been r:.^.'.. D wholly [ 2a,] wholly occafanedy but moft wantors- lyy cruelfy and unnecejfarily aggra-* vated by the timidity, incapacity and negled of the prefent admini ftration. Had they called the Par liament at the proper time, none of the late difturbances would have happened ; nor that train of evil confequences have followed, which their delay feems to have been contrived to promote. As this crime was committed by defign, fo. the perfons guilty of itj are deferving the moft bitter abhor rence of all true friends of their- country : and if ever any minifteri al condud deferved an exemplary cenfure, this moft certainly docs ; by a difcharge of them from thofe pffices, the great duties of which they .[ 21 ] they have fo flagrantly abufed, and a ftigma of their incapacity for ever holding them again; I am, My dear Friend, &c. &c. F I N I S. 7MsDay is publijhed. Price lOs.Sd. in boards', ''.,u:.Of i2f. bouhd* The Proceedings and Debates of the Britifli- Houfe of Commons, during the tiiird, fourth, and fifth Seflions of the third Par liament of his late Majefty ; held in the Years 1743, 1744, 1745, and 1746. To the Public. In the Debates of this Period, are many important Motion^ aritirig from a Variety of interefting Events, both Domeftic and Foreign. Several material Changes in the Adminiftration, were the Confequence of thofe Debates. As the Attention of Par- ^liament;was occafionally employed upon a , long and expenfive War with both France and Spain, and the Suppreffion of an un natural and inteftine Rebellion ; a Mo ment's Refiedion, will fliew this to have been/one of the moft important Periods in our Hiftory. It is therefore to be regretted* that thefe Debates have not been collated and digefted before, and that fo neceflTary a Work has been fo long neglefted ; a Work fo eflentiaily ufeful to every Member of Parliament, and every Lover of Conftitp- tional Hiftory. Thefe Debates, which are principally compiled from authentic Notes taken in the Houfe, are arranged partly upon the fame Plan with Chandler's Col- leftion, which is brought down tb the Year 1742-, 1742 j but with fuch Improvements fronj the Journals, and other authentic Papers, as it is prefumed, will tender them worthy the Notice of evcry.Britifti Legiflator. printed for J. Almon, oppofite Burlingtonr Houfe in Picc^dily. . Cff whom may le Md, I. A coUeftion ofthe moft interefting Trads oh the Subjedts of Taxing the American Co lonies ahd regulating , their trade. In two Volumes. Price bound 14s. *5u*'' Thefe Trafts haying been efteemed by the Public, fuperlor to the 'many others on the fame Subjects, 'it was thought neceffary to poUeft them into Volurpes ; in order that they may be more conveniently preferved for the Ufe of thofe Gentlemen, who either now are or fnay hereafter become interefted in thefe im portant Aflfairs. IL A Colledtion of the moft interefting 'po litical Letters, which appeared in the publjc Papers, from the Autumn Negociation in 1763, to the Change of Adminiftration in 1765. Price 2s. 6d. bound. *^. Lord Somers fays, *' That the Bent *' and Genius of the Age is beft known in a " free Country, by the Pamphlets and Paper^ ^' that daily come out, as the Senfe of Parties, " and fometimes the Voice of the Nation." yide hjs Trafls. III. The III. The Prmci'iJles, of the late Chaqges impartially Examined. 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With Original Pa^p^rs. Price is. CQRRECT COPIES Of the T W O PROTESTS AGAINST THE BILL To Repeal the American Stamp A£l:, OF LAST SESSION. With L I S T S of the ¦ ¦'•" ill X SPEAKERS AND VOTERS. A PARIS, Chez J. W. Imprimeur, Rue du Colombier Fauxbourg St. Germain, a I'Hotel de Saxe. M.DCC.LXVL Fry:, Vingt-quatre Sous. Avec Apprabatier, (J Privilege, SPEAKERS. On the Second Reading. Againft the Repeal. For the Repeal, 1 Earl of Coventry 2 Duke of Newcaftle 3 Earl of Sandwich 4 Duke of Grafton 5 Earl of Hallifax ' 6 Duke of Richmond 9 LoM Botetourt 7 Earl Poulet lo Eari of Suffolk 8 Earl of Pomfret 12 Lord Lyttelton 1 1 Lord Chancellor 14 Lord Mansfield 13 Earl of Shelburne i6 Ld.Vif.Townfliend 15 Lord Camden 17 Eatlt^mfJle 18 Duke of Bedford On the Third Reading. A^iilft the Repeal. For the Repeal I Lord Lyttelton 2 Eari of Bute 3 EariGowcr 4 D«ke of Newcaftle Die Mercurii, ij? ^artii, 1766. The Order of the Day being read for the fecond heading oif the Bill, entituled, An Ja ta re^&il an aft meidf in the Iqj^ Jeffi^nof Parliatnenl, entituled, A^ A(i for granting tfpdap" plying tertain Stajf^ Duties and other d^tiestn the Briiip Cq- hnies and Plantations in America, towards firther dufi'aying th( eitpentes of defending, protesting, and fecuring the fame, and -fir amekding fiich parts of tbefenieral 9^1 of parliament relating to the Wrade and Resotnues of thffyid Colonies and Plantations, as dire£f the jnanner gf Determining and Recovering ' the Penalties and Forfeitures therein tnentioned. Then the faid Bill was read a ibcon«l Time, and it being propofed to commit the Bill, the fame was objeftfd to. After a long Debate tjigrpupoii, the QueAion was put. Whether the faid iBill fhall be committed : It was refolved in the Affirmative. Contents 73 Proxies 32 105 Not Contents 61 Proxies 10 ^ ,71 Majority 34 Difentienf, ijl, T>E CAUSE, as this Houfe has in this j) Seffion by feveral refolutions moft fo^ lemnly afferted and declared, firft, " That the King's Majefty, by and with the advice and l?onfent of the Lords Spiritual and Temporal, and Comqionis of Great Britain, in Parliament affembled, had, hath, and of right Ought to have, full power and authority, to make laws and ftatutes of fufficient force and' validity to bind the Colonies, and people of America, fub- jeds of the Crown of Great iBritain, in all cafes whatfoever i' Secondly, ** That tumults and A 2 infurreftions [ 4 1 infurreftions of the moft dangerous nature have heen raifed and carried on in feveral of the North American Colonies, in open defiance of the power and dignity of his Majefty's Govern ment, and in manifeft violation ofthe laws and legiflative authority of this Kingdom :" Third ly, *' That the faid tumults and infurredtions have been encouraged and inflamed, by fundry votes and refolutions paffed in feveral of the Aflemblies of the faid Provinces, derogatory to the honour of his Majefty's Government, and deftructive of the legal and conftitutional de pendency ofthe faid Colonies, on the imperial CrOwn and Parliament ' of Great Britain :" Which refolutions were founded on a full exa mination of the papers on our table, manifeft- ing a denial of the legiflative authority of the Crown and Parliament of Great Britain, to im pofe duties and tkxes on our North American Colonies ; and a criminal refiftance there made to the execution of the commercial and other regulations of the Stamp Adt, and of other ads of parliament : we are of opinion, that the to tal repealing pf that law, efpecially while fuch refiftance. continues, would, (as Governor Bar- narde fays is their intention) " make the.autho- rity of Great Britain contemptible hereafter;" and that fuch a fubmifiion of King, Lords, and Commons, under fuch circumftances,; in fo ftrange and unheard of a conteft, vl^ould, in ef fect, furrender their antient, unalienable rights of fupreme jurifdidlion, and give them ex- ciufively to the fubordinate Provincial.Legifla- tures eftablifhed by prerogative j which was never [ 5 i never Intended or thought of, and is not in the power of prerogative to beftow j as they ai*e infeparable from th? Three Eftates of th« Realm affembled in Parlianient. \,[ zdly, Becaufe the law, which this Bill nov^ propofes to repeal, was paffed in the other Houfe with very little, oppofition, and in thia without one diffentient voice, during the laft feffion of Parliament, which we prefume, if it had been wholly and fundamentally wrong, could not poflibly have happened j as the mat ter of it is fo important, and as the intention of bringing it in, ,nad been toramunicated to the Commons by the firft Commiffioner of th? Treafury the year before, and a refolution, re lating and preparatory to it, was then agreed to in that Houfe, without any divifion. '^dly, Becaufe, if any particular parts of that law', the principal of which has been experi enced and fubmitted to in this country, with out repining, for near a century paft, had been found liable to juft and reafonable objedfeions, they might have been altereti by a Bill to ex plain and amend it, without repealing the whole. And, if any fuch Bill had been fent to us by the Commons, we fhould have thought it our duty to have given it a moft ferious con sideration, with a warm defire of relieving our countrymen in America frpm any grievancie or hardfhip ; but with proper care to enforce their fubmiffion and obedience to the faw Jo amend ed, and to the whole legiflative authority of Great Britain, without any referve or diftinC- tion v^^hatfoever. 4f% f 6 J ^ ji^thly^- iBscaufe, it appears to us^ .that a rngft efTential branqh prtbat authority, the power of Taxation, cannot be properly, equi tably,' or impartially exercifeid, if it does not extend itfelf to all the members of the ftate In prppprtion to their refpedlive abilities ; but fuffers a part to be exempt frbm a due fhare of thofe burthens, which the public exigencies re quire to be impofed upon the whole : a parti ality which is diredliy and iP^niftftly repugnant to the truft repofed hy the people in every le giflature, and deftrudlive of that confidence on which all government is founded. , ^thly, Becaufe, the ability of our North^ American Colonies, to bear without inconvenfir ency the proportion laid on them by the Starfip Adl of laft year, appears to us moft unqueftion* ^ble, for the following reafons : Firft, That the eftimated produce of this Tax, amounting to fixty thoufand pounds per Annum, if divide^ amongft twelve hundred thoufand people (bejn^ little more than one half of the fubjedis of the Crown in North America) would be only one fhilling per head a year i which is but a third of the wages ufually paid to every labourer or ttianufadlurer there for bne day's labour: Se condly, That it appears by the accounts th^t haye been laid before this Houfe from the Com^ mifiiioners of Trade and Plantations, that ofthe debt contradled by thofe. Colonies in the laft war, above 1,755,000/. has already beeq diff charged during the courfe of three years only, by the funds provided for that purpofe in the feveral Provinces j and the mugh greater part of of the reffiaining incumbrantie, which itt thfe whole is about 760,000 pounds, will . be paid in two years more : We muft likewife obfervci that the bounties &nd advantages given to them by Parliarnent in 1764 and 1765, ahd the du" ties thereby lOift to Great Britain fot their fer vice, arid in order to enable the jtn the more eafily fb pay this Tax, muft neceffarily amount in a few years to a fAr greater fum than the pro duce thereof! tt is alfo evident, that fuch pro*- diice being wholly appropriated to the payment of the army maintained by this Kingdom in pur Colonies, at the vaft expence of almoft i ihilling in the pOuhd land tax, annually j'emit- ted by us for their fpecial' defence and protec- tiori ; not only hO money would have beeti ac=* ttially drawn by it out of that country, but the eafe given by it to the people of Great Britain, who are labouring under a debt of feventy mil lions, contraded by them' to fupport a very dangerous war, entered into for the intereft and lecurity of thofe Colonies, would have re dounded to the baisefit of the Colonies them* ifelvfes in their own immediate fafety, by c6n* Ifibuting to deliver them from the neceffary fexpence, which many of thetn have hitherto always borne, iri guarding their ff ontier? againft the favage Indians. • hthly, Becaufe, not orily the right, bnt tb^ ^pediency and neceffity of the fupreme It* g^llature*s exeirting "its authority to lay a geti^ ral tax on our Ariiierican Colonies, wherievei" the wants of the public make it fitting arid reafonable that all the Provirices fhould conti-i* bute i 8 ] bate in a proper proportion to the defence of the whole, appear to us undeniable, from thefe confiderations: Firft, That every Province be-l ing feparate and independent on the others, and having no Common Council impowered by the conftitution of the Colonies to adl for all,. or bind all, fuch a tax cannot regularly, or with out infinite difficulty, be impofed upon them, at any time, even for their immediate defence or protedlion^ by their own provincial affem blies i but requires the intervention and fuper- intending power of the Parliament of Great- Britain. Secondly, That in looking forward* to the poffible contingency of a new war, a, contingency perhaps not far remqte, the prof-^ pedl of the burthens, which the gentry and people of this Kingdom muft- then fuftain, in, addition to thofe, which now lie fo heavy upon them, is fo melancholy and dreadful, tha:t we cannot but feel it, a moft indifpenfible duty, to eafe them as much as is poffible, by a due and moderate exertion of that great right, vvhich the conftitution of this realm has vefted in the Parliament, to provide for the fafety of all, by a proportionable charge upoiv^all, equally and indifferently laid. We likewife apprehend, that a partial exemption of our Colonies from any exercife of this right by the Britifh Le^ giflature, , would be thought fo invidious, and fOfUnjuft to the other fubjedls of the Crown of Great Britain, as to alienate the hearts of theffe from their Countrymen refiding in America, to the great detriment of the latter, who have on many occafions received, and may again want affift- [ 9 J affiftance, from the generous wartrith of their affedlion. jthly, Becaufe, the reafons aflijgned in the ^ttblit refoltitions of the Provincial Affem - bliHs, In the North- Atri^ican Colonies, fot their difobeytng the Stamp Adl, viz. " That they are hot reprefented in the Parliamerit of Great Britain," extends to all other law's, of what nature foever, which that Parliament has enaded, or fhall enad, to bind them in titties to come, arid muft (if adrtiitted) fet them ab folutely free from any obedience to the power of the Britifh Legiflature. We likevvife obferve, thatt in a letter tb Mr. Secretary Conway, dated the 12th of Odober 1765 ; the commander in f chief of his Majefty's forces in Nottb America has declared his Opinion, ** That the Queftion *' is hot of the inexpediericy ofthe Stdmp Ad, " or 6f the inability bf the Colonies to pay the " Tax j but that it is un^onftitutiorial and con- " trary to their Rights, fuppofting the inde- " pehdericy of the Provinces, and not fubjed *' to the legiflative poWer of Grestt Britain." It is nborebver aftirfitied, in a letter to Mr. Con- Way, dated 7th November, " That the peo- ** pie in general are averfe to Taxes of any " kind ; arid that the merchants of that plac6 " think they have a right to every freedom of " trdde which the fubjeds of Great Britain •' now enjoy." This opinion of theirs ftrikes diredly at the Ad of Navigatiori, and othef fubfequent laws, which from time to time have been'rinade iri the wife policy of that Ad ; and fliould they 6ver be encouraged to procure for B them- [ lO ^] themfelves that.abfolute freedom of trade, which they appear to defire, our plantations would be come, not only bf no benefit, but in the higheft degree prejudicial to the commerce and welfare of their Mother-country j nor is it eafy to con ceive a greater encouragement, than the repeal ing of a law, oppofed by them on fuch pririf ciples, and with fo much contempt of the Sove reignty of the Britifh Legiflature. ; ^thly, Becaufe, the appearance of weaknefs and timidity in the Government and Parlia ment of this kingdom, which a conceffiop of this nature may too probably carry with it, has a manifeft tendency, to draw on further infults, and by leffening the refpedt of all his Majefty'iS fubjeds to the dignity of his Crown, and au thority of his Laws, throvv the whole Britifhj empire into a miferable ftate of confufion and anarchy, with which it feerns by many fymp- toms to be dangeroufly threatened : and this is the more to be feared, as the plea of our North American Colonies, that, not being reprefent ed in the Parliament of Great Britain, they ought not to pay Taxes impofed or levied upon them by the authority thereof, may by the fame reafoning be extended to all perfons in this Ifland, who do not adually vote foi* JS*Iem- bers of Parliament ; nor can we help appre hending, that the opinion of fome countenance being given to fuch notions by the Legiflature itfelf, in confenting to this Bill for the Repeal of the Stamp Ad, may greatly promote the contagion of a moft dangerous dodrine, de- ftrudive to all Government, which has fpread itfelf [ II ) itfelf over all our North American Colonies, that the obedience of the fubjed is not due to the Laws and Legiflature ofthe Realm, farther than he in his private judgment fhall think it Conformable to the ideas he has formed of a free conftitution. ' gthly, Becaufe, we think it no eftedual guard, or fecurity, againft this danger, that the Par liament has declared in the refolutions of both' Houfes, paffed during this feffion, and now re duced into a Bill, That fuch notions are ill founded ; as men will always look more to deeds than words, and may therefore incline to believe, that the infurredioris in our Colonies, excited by thofe notions, having fo far proved fuccefsful, as to attain the very point, at which they aimed, the immediate repeal of the Stamp Adt, without any previous fubmiffiori on the part of the Colonies j the Legiflature has in fad fubmitted to them, and has only more grievoufly injured its own dignity arid autho rity, by verbally afferting that Right, which it fubftantially yields up to their Oppofition. The reafons affigned for this conceflion render it ftill more alarming, as they arife from an illegal and hoftile combination pf the peopli of Ame rica, to diftrefs and ftarve our Manufadurers, and to with-hold from our Merchants the pay ment of their juft debts : the former of which meafures has only been pradifed in open war between two States j and the latter, we be lieve, not even in that fituation, either by the public or by individuals, among the civihzed B 2 nations [ t2 ] nations pf iplurppe, in modern times. If this unprecfdgrited plan of intimidation ^all meet with fuce^fgi it is e^fy to forefee, |h?t the pr^- tice of it fpr other and ftill greater objedls will frequently b? renewed, and our naaniifadurers and merchants reduced to the lijcej and more permanent diftrefs ; we cannot therefore but wifh. that fome more eligible method, confifr tent with their future 'f£^f?ty and pur 4*griify» had been taken by Parlianient, to fhew our tender concern and compaffion fpr Ibpif fvjfr ferings, and to difcour^ge any other fuch un warrantable attempts; which we are fully per^. fuaded would have been very pradicable, wit.h due care and attentfon, and at an expence ve^y. Inferior to the importance of the objed. Laftly, Becaufe, we are convinced froni the unanimous, teftimony of the Governors, an4 other officers of the Crown in America, that i|i by a moft unhappy delay and negled to prpvidt for the due execution of the law, and arm the Governmeot there with proper orders and powd ers, repeatedly called for in vain, thefe difiurb- ances had not been continiied and encrea^4» they might eafily have been quieted before they had attained to any dangerous height; and we cannot, without feeling the moft lively fenfe of grief and indignation* he^r arguments drav^j^ from the progrefs of evils, which fhpuld and might have been ftopped in their firft and- feeble beginnings, ufed for the ftill greater evil pf i^-*. crificing to a prefect relief the high'SA perf^ nent interefts, ai^^ the whojf M^j^fty? ^oyfMx* and I 13 ] and Reputation pf Government : This afflids us the p[>ore deeply^ becaufe it appears from many letters, that this law, if properly fup ported by Governmeiit, would from the pecuV liar circumftances attending the difobedience to it, execute itfelf without bloodfhed. And it is faid in one of the letters to Mr. Secretary Conway, " Th^.t the principal view i§ tp inti- *• midate the Parliament ; but that if it be " thought prijdent tp enforce their authority, ** the peopile daf9 npt oppofe a vigorous refo-- " lution of the Parliamerit of Great Britain." That vigorpiis refolution ' has not yet been found in the Parliament ; and we greatly fear, that the want of it wi}l certainly prodi^ce one of thefe two fatal cpnfgquences j either that the repeal of this law will in effed annull and abro- igate all other laws and ftatutes relating to our \Colonies, an^ particularly the Ads that reftrain )r limit th^ir Commerce, of which they are 10ft impatient ; or, if we fhould hereafter at- kmpt to enforce the execution of thofe laws- lainft their will, and by virtue of an authori- which they have dared to infult with im-r Ity and fuccefs, that endeavour will bring u^ us all thofe evils and inconveniencies, to thfiear of which we now facrifice the Sove- reigfy of the Realm ; and this at a time when the \rength of our Colonies, as well as their defirVf a total independence on the Legiflature and O^ernmentof their Mother-country, may ^^¦8^^ aug,ipented, and when the circum- ftances^d difpofitions of the other powers of Europe, [14] , Europe, may render the conteft far more dan gerous and formidable to this Kingdom. Bedford Coventry BridgewaterTemple Buckingham Wentworth SandwichBolingbroke Marlborough W. Gloucefter Ker Leigh ^ BangorWaldegrave Aylcsford Gower Weymouth Scarfdale Lyttelton Dunk Hallifax Eglingtoun Suffolk and Berkfliire Abercorn VereTrevorThomas Briflol FerrersGrofvenor Townfheod , Dudley and Ward Charles Carlifle Powis Hyde, SECOND SECOND PR O T E S T. Die Lunce, 17° Martii, 1766. The Order of the Day being read for the third rtading qf the Bill, entituled. An ASi to repeal an a£l made in tbe laji ifejfun of parliament, entituled. An Afi for granting and ap- ' plying certain &tamp Dirties, and other duties in the Britijh Colonies and Plantations in America, towards further defray- ' ing the expences of defending, profeifing, and fecuring the fame, and for atnending fuch parts of the feveral a£is of par liament relating to the Trade and Revenues of the faid Colonies and. Plantations; as direii the manner of Determining and Re covering the Penalties and Forfeitures therein mentioned. Then the faid Bill was read a third Time, and it being propofed to pafs the Bill, the fame was obje£led to. After fome Debate thereupon, the Queflion was put. Whether the faid Bill ihall pafs : It was refolved in the Affirmative. Dijentient, : ifi, T>E CAUSE we think, that the Decla- fj ratory Bill we paft laft week, can not poffibly obviate the growing mifchiefs in America, where it may feem calculated only to deceive the people of Great Britain, by holding forth a delufive and nugatory affirmance of the Legiflative Right of this Kingdom, whilft the enading part of it does no more than abrogate the Refolutions of the Houfe of Reprefenta tives in the North American Colonies, which have not in themfelves the leaft colour of au thority; and declares that, which is apparent ly and certainly criminal, only null and void. zdly, Becaufe theparticular Objedions, which have been made to the Stamp Ad in North America, and which have been adopted in the Courfe of the Debates upon this Bill for repeaW ing it, are in fad contradided by undeniable Evidence upon, our Table ; it having been urg ed, Firft, That all the money to be coUeded by f i6 ] by this Tax vvas to be annually remitted hither, and that thd North American Colonies would ' thereby be drained of all their fpecie ; and Se condly, That the inftitution of Vice Admiralty Courts in thofe Colonies, for the recovery of Penalties upon Revenue Laws Without Juries, is a novel pfadlice, by means of which his Majefty's Subjeds in thoffe ddminioris, *' woiild •' be deprived of one df their moft valuable Li- ** ber ties. Trials by Juries, arid in this refped " diftiriguiftied from their Fellow Subje(^s in *' Great Britain ;" and would likewife be liable to the greateft Inconvenience, Vexation and Iri- juftice, through the option left to any Profe- cutor to call them from one end of that 6xten-; five Continent to the other ; and through the temptation to the Judge, to condemn rather than to acquit, from his being paid by pound-* age of the condemnation- money : Whereas, with regard to the firft of thefe objedions. It appears by the minute of the late iBoard of Treafury laid before this Houfe, and dated on the pth dayof July kft, that thefulleft Direc tions bad beeri ferit to tbe feveral officers of the Revenue, " that in order td obviate the incGn« " venience of bringing into this Kingdom the «* money to be raifed by the Stamp Duties, all *' the prodijce pf th6 AriaericEtn Duties arifing *' or to arife, by virtue of any Britifh Ad of *' Parliament, fhouldj from time to time, be " paid to the Deputy Pay-mdfter in AmeHca, " to defray the fubfiftence of the troops, and " any military expences incurred in the ColP- " nies :" and with regard to the fecond objec tion. f n ], tion, it i^ maniftft, from fundry Ads of Parlia- mentr that a jurifdidion has been affigned to the Judges of thofe Courts, for the recovery of penalties updn the Laws of Revenue and of Trade, without Juries,: for near a century paft, from the confideration (as we apprehend) that in fome of the Colonies they are the only Judges not ele'ded by' the people : and fo far it is from beingtrue, that the Subjeds in North America, by being deprived in thefe Cafes of Trials by Juries, were in that refped diftinguifhed from their Fellow.-fubjeds in Great Britain; that, in this very inftance of the Stamp Duties, the Penalties, which by the American Stamji Ad were rirade ijecoverable without a Jury before a Judge- of the Vice Admiralty Court, are, by the Laws now. iri force forcplleding the Stamp Dutiesin Great Britainj recoverable alfo with- oirt d Jury, before two Juftices of the Peace, with the like Powers in both cafes, which vi^e earneftly wifh were not ftill more neceffary for th'e coUedion of the Public Revenue in Ame rica than in Great Britain; and which we. fhould be moft defirduS, if poffible, to alleviate in both countries : With this view, and to take away all juft occafion for difcontent, we were ,very glad to' find by the Reprefentation from the late Commiffioners of the Treafury to his Majefty in CounciJi dated on the 4th dayof JufyhA, that the ftrideft attention had been given 'by that Board to prevent the inconveni ence and injuftice aboVe-meritioned, by a plan to eftablifh three different Courts of Vice Ad miralty at the moft cbnveriient Places, with C proper [ r8 ] proper Dift rids annexed to each ; and to give the Judges fufficient and Honorable Salaries in lieu of all poundage and fees whatfoever : but we cannot obferve, without the higheft con cern and furprize, that this reprefentation, founded upon a claufe inferted in the Stamp Ad for this verypUrpofe, and exprefsly calcu lated to relieve his Majefty's Subjeds iri North America from many unneceffary hardfhips and oppreffions, to which they are now liable by many other Laws ftill fubfifting, fhould be tdtally difregarded for feveral months, and be fuffered to remain unexecuted in every part of it even to this day ; and that no notice •whatever fhould be taken, in any of the dif- patches from the prefent Adminiftration to the Governors of the Colonies in North. Ame rica, of the timely care which had been em ployed to obviate the objedions raifed on both thofe Heads : efpecially, as it is notorious, that the meafures to be purfued, in confequence of that Minute and Reprefentation, had been fully opened and approved in Parliament, at the time when the Stamp Ad was propofed ; and as the total negled of it has given occafion to great Clamour and Diffatisfadion in the Colo-; nies. We cannot help further obferving, that as the Stamp Ad was not to take place till the ift of November, if the Parliament had been called early, their determinations, either for enforcing or repealing that Law, would probably have delivered the Merchants and Manufadurers here from all the difficulties and diftrefs to which they have been for fo many months [ 19 ] months expofed; nor would the diforders in America, where all government is prpftrate, have rifen to fo great a height, or taken fo deep a root. %dly, Becaufe, the Argument which has been ufed in favour of this Bill of Repeal, that the ex periment of the Stamp Ad has been tried, and has failed, is extremely ill founded ; as it mani feftly appears from the whole tenor ofthe Pa pers laid before us, that, if this experiment had been properly tried, with the fame zeal for its fuccefs with which it was firft propofed, it would not have failed in any of the Colonies : and that this was the opinion of the greater part of the Governors in North America, and of many of the moft intelligent and refped- able perfons in thofe provinces, for fome time after this Ad was paffed, is evident beyond a doubt, from the Letters of the fornier now upon our Table, and from the latter having applied for, and accepted the Office of Diftri- butors of the Stamps under that Ad, which they certainly, would not have done, and thereby have expofed their Lives and Fortunes to the violence and outrages which they have fince Undergone, if they had then thought the fuc cefs of this meafure in any degree precarious : nor have we heard of any impradicability at tending this Law in Jamaica and Barbadoes, and fome other of the Weft India iflands, of in thofe of our Colonies in North America, where it has been executed. 4thly, Becaufe, a Precedent ofthe two Houfes of Parliament lending their Power, from motives C 2 of [ 2P ] of Fear or Impatience^ under a prefent uneafi nefs, to overturn in one month a Plan of Mea fures, undertaken with their yvarmeft Appro bation and Concurrence, after the moft mature deliberation of two years together, for the im provement of our Revenue, and the relief of our People, will effedually difcourage all offi cers of the Crown in America from doing their duty, and executing the Laws of this King dom; and is enough to deter future Minifters, in any circumftances of diftrefs or daqger to their Country, from oppofing their foftitude and zeal for the fervice of the Public, to flrong Combiriations of private and par-ticular in terefts, to the Clamour of Multitudes, or thp Malice of Fadion ; which muft neceflarily bring On fuch a Weaknefs and Pufilanimity in the Adminiftration of Government, as will foon end in the Downfal and Ruin of the State. Laftly, Becaufe, the Repeal of this Law uncjer the prefent Circumftafices, will, we feari not only furrender the Honour and effential Interefts of the Kingdom now and for ever, both at homfi and abroad, but will alfo deeply afed the fun damental Principles of our' Conftitution ; for if we pafs this Bill againft our Opinion, ftom the Threats and Compulfion publicly avowed iri our Colonies, and enforced by the moft "un- juftifiable means within Great Britain, we di(- claim that Legiflative Authority over the fub jeds, which we own ourfelves unable to main tain. If we give our Confent to it heue,. with out a full Convidion that it is right, merely becaufe it has paffed the other- Houfe, by de clining [ 21 ] .'clinlng to CQj out duty on the moft important pccafion which can ever prefent itfelf, and -where PHrJinterpofitipn, for ipapy obvious Rea fons, would be peculiarly proper ; we in pffed annihilate this branch of the Legiflature, and vpte ourfelves ufelefs. Or if by paffing this Bill, we mean to juftify thofe, who in Ame rica, and eyen in Great Britain, have treated .a feries of' Britifh Adls pf Parliament as fo m^ny hOi^oiTyranny and Oppreffion, which it is jfcarpply criminil to refift; or thofe pfficers.of the Crown, who, under the eye, and with the Icppwledge of. Government, hgve takei^ upon themfelves* whilft the jParlianaent was Sitting, without its Confent, tp fufpend the Exepution ,0/ the Staipp Ad, by adniitting S^ips fipm the jColonies, with unftampt Clearances, to an En try, in dired Violatipij of it, which froni the Papers upon our Table appears to have been ! done i we fhall then give our approbat|qn to an (^en bfeach of ifeg firft Article of th^f great Palladium of oui? Liberties, the Bill of Rights ; by whichit is declared, ** That the pretended " power of fufpending of Laws, or the pxe- " cution of Laws, by regal Authority, with- " out confent of Parliament, is ijlegal." Laftly, If we ground ouf Proceedings upon the Opi nion of thcvfe who have contended in this Houfe, that frorn the Conftitution of our Co lonies they ought never to be taxed, even for their own immediate Defence, we~fear that fuch a Declaration, by which near a fifth part of the fubj,efts pf Great Britain,, who by the Ads of Parliament to reftrain the Preffing of Seamen [ 22 3 Seamen in America, are already exempted from furnifhing Men to our Navy, are to be for ever exempted from contributing their fhare to wards their own fupport in money likewife, will, from the flagrant Partiality and Injuftice of it, either depopulate this Kingdom, or fhake the bafis of Equality, and of that Original Compad, upon which every Society is founded; and as we believe, that there is no inftance of fuch a permanent Exemption of fo large a body of the fubjeds of any State in any Hiftory, an tient or modern, we are extremely apprehen- five of the fatal Confequences of this unhappy Meafure ; to which, for thefe Reafons, in ad dition to thofe contained in the Proteft of the nth of this month, our Duty to the King, and Juftice to our Country, oblige us to enter this our Solemn Diffent. Temple Abercorn Dudley and Ward Suffolk and Berkfhire Scarfdale J. Bangor Trevor Leigh BridgewaterGower Hyde Grofvenor J^!brlborough Sandwich Powis Ker Charies Cariifle Weymouth Thomas Briftol LytteltonEffex Ferrers W. Gloucefter Aylesford Buckinghamfliire R. Durefme VereEglintoun. A LIST A LIST of the LORDS who Voted againft the Repeal of the American Stamp ¦ Ad, March lo, 1766. His Royal Highnefs the Duke of Yorke, firji Brother tt - tbe King Duke of Beaufort Duke of Bedford. Protejled. Duke of Marlborough , Pre. <¦ Duke of Ancafter, Majler of the Horfe to the ^een. Dnkeof Bridgewater. Pra. Eari of Pembroke, Col. ofthe firjl Regiment of Dragoons, ?arl of. SafFolk and Berk shire. Pro. ,' Earl of Denbigh, a Lord of the King's Bedchamber Earl of Sandwich. Pro. Earl of Lichfield, Captainof the Band of Penfioners, &c. Earl of Coventry, a Lord of ihe King's Bedchamber. Pro. Earl of Oxford, a Lord of the King's Bedchamber. Earl Ferrers, a Captain in the , Royal Navy, Pro. Earl of Aylesford. Pro. Earl of Hallifax. Pro. Earl of Macclesfield Earl Ker (Duke of Roxburgh in Scotland) Pro. Earl Waldegrave, Governor of Plymouth, and Col. ofthe fecond Regiment of Dra- goons. Pro. Earl of Orford, a Lord ofthe King'^ Bedchamber, and Ranger tf St. James's and Hyde Paris Earl of Warwick Earl f3/ Ihould remain. Ayes 275 Noes 167' Teller. for the Ayes, Mr. *rho. ^ownfhendy jun^ Pot the Noes', Mr. Rigby. ¦ Then the main Queftion was put, and" agreed: to. % I 3 ] A List of the Minority. J ABE RC ROM BIE, Efq; a -n^aj or general and co- * lonel ef ihe ^^th regiment effoo( Clackmapnanfliire Edward Bacon, Elq; '- >Iorwich William Baggott, Efq; :— _ StafFor^fliire Sir Richard Warwick Bamfylde, Bart. Devonfliire %JOrd Barrington, fecretary at war — Plymouth Lord Bateman, mqfier of the buckhounds Woodftock Lord Robert Bertfe, ^een, governor of Dumbarton cdfUe, and deputy ranger of St. James's and Hyde Parks Airfliifc sSir John Mord aun t, a general of his Majefy's forces, colonel of the loth regiment of dra goons, and go-vernor of Sbeernefs Cockermouth Sir Chajles Mordaunt, Bart. Warwickfliire John Morton, Efq; chief jujlice of Chejlcr Abingdoa- John Moflyn, Efq; groom of the bedchamber tfi the King, colonel of the firJi regiment of dragoon guards, and a lieutenant general — Malton Lord Mountftuart Boiliney Richard Neville Neville, Efq; — Taviftock Sir Roger Newdig^te, Bart Oxford Univerfity Lord North — Banbury Sir Fletcher Norton Wigan Right Hon. Robert Nugent, Efq; Briftol, Edmund Nugent, Efq; groom ofthe bedchamber to the King, ajid captain in firjl regiment of foot 4s ——. — - r— -^ — - St. Maws Robert £ 1 J Rotiert Henley Ongfey, Efq; ^ lord Orwell , _ — Right Hon. James OfwaU, Efq-, joint vice- treafurer of IrelaAd ' — 1_ Earl of Panmure, a Heat, general, and co- IWfl of 2 1/? regiment "of foot Afmftead Parker, Efq; ' — — Thortias Pitt, Efq; ^ Sit George Pococke, admiral of the Blue George Prefcott, Efq; .^ George; Rice, Efq; a lord of trade John Robinfon, Efq; Bedfordflilr^ Ipfv^ich Kinghoi-n, kc. Forfirfliire Peterborough Old Sarum Plymouth Stockbridge' Carmarthenfliir& Weftmoreland John Lockhart Rofs, a captain in the royal'navy Peeblesfllire Lord George Sackville, joint vice-treajurer ef 'inland — Hythe Hoir, Henry Saint John, groom ofthe bed- ihambei- to the D. af York, and a lieut. col. Wotton Bafl'et Sir John- Sebright, Bart; a major general, nfrd col. of the i8th reg. of fast Bath Hehfy Seymour, Efq; groom tfthe bed-cham- . ber it the King — -_ Tdtnefe Fane V/illiam Sharpe, Efq; — Callington Jennifon SHaftoe, Efq; ~ Leominfte!? Henry Shiffner, Efq; — Minehead James Shuttleworth, Efq; — Lancafliirt Coningfl)y Sibthorpe, Efq; — Lincoln Lord Charles Spencer, verdurer of Which- wood Foreji — — Oxfordfliire Right Hon. Hans Stanley, Efq; governor of the IJle of Wight Southamptoa Sir Thomas Stapleton, Bart. Oxford city John Stevenfon, Efq; a dire£1or of the Eaft India Company — St. Michael Sir Simeon Stuart, "^tct. a chamterlmn of the Exchequer — — Hampfliire Lord Strange, Chancellor of ihe duchy of Laneajler — — Lancafliire Lord George Sutton — Grantham Marquis of Taviftock — Bedfordfhire Earl of Thomond — Minehead Thomas Thoroton, Efq; fecretary to the mqfler of ihe ordnance — Newark John Pugh, Pryfe, Efqi — - Cardiganftiire Edward t 8 1 Edward Tharlowe, Efq; Kin^s cetinjel Hon. Henry Fred. Thynne - Sir John Turner, Bart. 1 • — Sir Charles Kemys Tynte -*- Arthur Vanfittart, Efq; -^ Richard Vernon, Efq; — John Upton, Efq; — Charles Walcott, Efq; Robesrt Waller, Efq; John Rolle Walter, Ef: - ^ X X # "~ 3£( # THE PR E F A C E. t 's-^h H E following letter was not brigi- I J nally intended for the public, but -^ for the fatisfadion of a gentleman at whofe requeft it was written ; ant' yhofe jknowledge of the fabjed: made it unneceffary to dwell upon any circumftances, that did liot immediately relate to the chancellor's right of difcharging a commitment by the Affem bly. As that gentleman has thought pro per to commit it tp the prefsy and the letter is by this means become the property of the public, it will not, it is prefum ed, be thought impertinent in a preface, to enlarge upon the fteps that led to, and haf)pened in confequence of that unlucky "^ a meafure. C iv ) t^tieafure, which has occafmed all the contefl between ths governor and the people- of J a^ maica. . . ,^, , , It is the common pradtice of men, whc* are engaged in the wrong fide of a contro- verfy, to keep as much as poffible from the main queftion, and divert the attention of the public to fome circumftance, to which it does not relate ; efpecially, if they can fix upon one that is popular. This art has been very fully put in pradtice in the prefent contro versy, as the honeft epdeavoi^rs of the affeEpt- blji to repell a moft un^recqAted and unconi uitutional attack upon' their jurifdidtion, has tueen falfely and impudently reprefented, both here and in England, as a mean and fcanda lous attempt to fcreen their members, from jhe payment of their juft debts, by affumi'ng privileges, to which they are not entitled. A full and plain reprefentatieinf pf fadts, will -be the beft way of doing juftice in this cafe, as it will place the, condudt of' the contending parties in their proper light, , and. enable the impartial world to form a right judgment of the controverfy. Such a reprefentation is here endeavoured' to be,, given, :and, will, it is hoped, qot be unacceptable to the reader. : The feffions of affembly vt'hich began the 17th of October, 1764, ;was opened in the ufual manner, with a fpeech from the gover nor ; and never did there furely come toge ther, an aflembly^better difpofed to carry on the, public bufinefs with dii|)atch and har mony. ( V ) mony, and fupport adminiftration i for it will appear by their minutes, that tliey were, in the whole courle ofthe feffion, as unani mous in raifing the fupplies, and doing all that his excellency recommended to them, as they were in defending the rights of the peo ple when they, were, towards the latter end of it, fo unhappily invaded. Such was the general difpbfition to oblige the governor, that nothing was refufed, which he aflced ; fcarcely any thing omitted, which he feemed defirous of having done; infomuch that, al though there had been many rumours of difa-r tisfadlion among the fuitors of ' the court of chancery, for want of this court's being more frequently held; yet, the governor having in his fpeech thought proper to mention, how many caufes he had difpatched, and how few there remained upon the lift undetermined, the houfe wouldndtenterintoanyexamination of the fadts, but took them upon the gover nor's word; and in their addrefs to his fpeec'o, echoed back all the compliments, and praife, that he. gould expedt or wifh for, from this part of it.^ i There was fcarcely a debate, nor any thiiig that look'd like party in the houfe; arid bufinefs was in great forwardnefs on the 8th of December, when a complaint was made . of a breach of privilege, committed by Richard Thomas WilfoW, a deputy marfhal's deputy, ii> executing a writ on the coach-horfes of John Olyphant;' a member of the houfe ; in a 2 confe- confequence, pf which, he, apd Pierce Cooke, and LaucHl^n JVI'Neil (who., appeared to be aiding and aflifting in executing the faid writ;) were, by order of the houle, feverally taken into cuftbdy for breach of privil^e. The generality of the mernbers were, indeed* forry to fee a,matter of^ this kind brought, be fore the hpufe, efpecially fo late in the feafoQ,^^ as it would retard the progrefs of more jjpi-r p9ftant bufinefs, and protradt tjie feffion^- The cale of a member's ^.v^iling Jiimfelf.of this privilege, was very far from being fayoyred bythe houfe; and it is a truth, that a , very great majority of the members were againft entertaining the matter, if they gouljd with 'any juftice have avoided it ; infomuch, that they fet themfelves to enquire, whether the privilege in queftion was fuch, as every, member had a coriftitutional right to. Upon this ocdafioh^ the abieft lawyers in the, houfe Were cbnfulted, and maiv/ volumes of law books were brought in ; from which it did appear, to the convidtion of every man in the iioOfe, that the privilege, clairned by Mr^ Oly^iiant, was a lawful and conftitui;io,nal ri^ht ; and if he infifted upon it, that it could nbt, with juftice or propriety, be refufe^ hiiii. fie did infift upon it. What cou'd the houfe dp ? They ordered the delinqueuts into cuilody, but 4il^ without any aJ^erity towards' ihem, and with fo littl? intentiori pf ufing^them -with feverity pr harihnefs, t\^% the noufe^wpu^d rnoft gertainly haye, releafed, . ' them. { vii ) them, upon the flighteft concefiion ; fr^d Pierpe Cooke, one of the parties and the plaintiff i^ the adtion, was told by feveral of the memhers, that he had only to petitioij (according to the forms, which the houfe prefcribes, in the cafe of all thofe, who are in cuftody and not members) and fet forth, that he did not intend to offend the houfe, and he would be difcharged. This e^Cy me thod of getting rele^fed was declined, and io low vvas the affembly held, by the faid Pierce Cooke and Laughlan 'M'Neil, that they did not attempt to -make any application for their liberty to the houfe, but applied, in the firft inftance to the chancellor for an Ha beas Corpus. All courts of juftice (even thn, , Diffolved; and the world Ji to judge, whether they gave any caufe for ti.is uiflolution. The ( xix ) The reader will obferve, that two affem- ' Mie§ were thus di{f .Ived, for afferting their liberties and vindicating their violated jurif-. d'idlon ; he Vv'ill fee, no doubt, with aftonifli- ment, a third diflolvt-d, not for the fame Reafon, not for any adt of their own, but be caufe their ipeakci i n.itttd afking for the ufual privileges ; even thofe privileges, which they had fo often been reproached with meanly a- y^iling themfelves of. 'There is an inconfif- tency in this part of the g-vernor's condudl, very difficult to be accounted for ; but an ob- ftinate perfeverance in error, will ever lead raen into inconfiftencies. Let it, for argu ment Cike, be fuppofed, that the fpeaker was wrong ; yet how coul'd this affedt the affem bly ? Tbe cuftom of the fpeaker's afking for privilege, isamereadt of manners janadlo? the Jpeaker's own, upon which he can take no inftrudlions from the houfe ; for, after the choice of a fpeaker, the houfe, by the rules' of parliament, can do no bufinefs, until he has bee'n approved ; after which, and not before, he is the mouth of the houfe,, and can do rio adl, but by their command ; and hiftory in forms us, that when Chafles the Pft. went into the houfe of commons, and demanded fosiae queftions of tbe fpeaker Mr. Lenthal,' he anfwered upon his knees, that he had ivi- ther eyes to fee, ears td hear, nor tongiie to fpeak, fave what he was commajtided by the houfe. This will be further iliuftrafed, by ccmparing the ftyle, in which the fpJaker ad- c ' dreffed ^^^ ( XX ) dreffed himfelf to the king, when aflcing fof privileges, , with that, which he ufes upon all occafions befides. At all other times, the fpeaker delivers himfelf as By command of the houfe, and in the name of all the commons of England; but when he aiks for privilege, he does it in the firft perfon and as from himfelf fl am afuiter.to yq,tir majejiyj and upon fuch occafions, fpeakers in England have made it one of their requefts, that rio miftakes or omiffion of theirs, might be imputed as a fault td the houfe. From this account of the proceedings of three affemblies, from the beginning of the conteft in the firft, until the diffolution of the laft, the reader will, it is prefumed, fee, how their condudt. has been mifreprefented ; and particularly, with how much malice and falfehood it has been alledged, that they were only contending with the governor, for an exemption from paying their debts. He will fee, that they never had any conteft with his excellency about a privilege from arreft ; and that when, to avoid fuch a conteft, the fpeaker declined afking for that privilege, the gover nor made it a caufe for diffolving the laft af fembly ; and he will alfo fee, that their only conteft vvith him has been, about his violat ing their undoubted jurifdidtion. This, va.- deed, is the queftion, which at prefent di vides the governor, from the people of this colony, and the reader will, it is prefumed, fee,irithefollowingletter,ofhowmuchimpor- 'tance it is j to everyiadividualin the community. " , C O ]Sr C E R N I N G THE" PRI V I LEGES, #f. Dear Sir, f'~W^ H E unhappy difference between the ' i Governor and Affembly, has already "'<*,_g[ thrown the country into fo rhiicfi confufion, and may in its; courfe have fuch fatal confequences, that it demands the feri ous attention of every one, who has any pro perty in Jamaica, or any connexion with it. You and I have frequently in converfation, dlfcuffed this fubjedt. I have, fince I faw you, confidered it with all the attention in my pow er; and I will, fince you defire it, give you, 'asTully and clearly as I can, my thoughts up on it. It is needlefs in this place to:give a detail of all thofe proceedings in AfTembly, which led to the commitment of Pierce Cooke and Bauchlen M'Neil, as they have been fully -and fairly ftated, in an addrefs to the free holders, publiflied in the St. Jago Intelligencer, fince the diffolution ofthe laft Affemblyi and every one is poffeffed of them. I fliall how- - ever for your fatisfataitjn, annex at the endof A this „ ., ( > ,), , "thiis letter, a fair extradt of them, from the minutes of the Affembly. It will be fufficient here to fay, that the Houfe voted faid Pierce Cooke and Lauchleh M'Neil guilty of a breach. of privilege, for caufing a writ to' be executed upon the coach hdrfes of Mr. Olyphant^ one of their members, whilft the Affembly was fitting; that they were, by virtue of the fpeaker's warrant * taken into cuftody by the meffenger of the Houfe ; and that they were releafed by the governor, as chancellor, on tbe return of a •writ of Habeas Corpus, whic^, he granted upon the ftatute of 31 Car.Tl. and that his determination thereon is made a: record of fhe court of Chancery. The Aflfenibly confider their privileges, as derived to them from their Conftituents; and that they are not condeffions from the crown, but the right and inheritance of the people; they confider their jurifdidtion, in cafes of pri vilege, as complete in their own body, and ih fuch cafes, that no othef court can have any right to controul their determinations, or dif charge their commitments; and they therefdre confider this adt of the chancellor's, as a dati- gerous violation of their privileges, and fuch an encroachment-upon their jurifdidliotf, as, would, (if fubmitted to) ftrip them of allatf-;,, thority, ahd difabte them from either flip- p&rting their own dignity or giving the people ; of this Colony that protedtion agalnft arbi-' trary power, which nothing but a free and in-^., dependent Affembly can give. ¦/.¦". '¦'¦^' ¦ The' * For a copy of the warrant and decree^ vide the end. < 3 >, The queflion here, is not, whether.thfiAf-: fpmbly have done right or vi^rong, in ordering thpfe men into cuftody, (for I hope tq fhew,' that they are the only competent judges of their own privileges) it is, whether the govery, nor, as chancellor, could legally difcharge men upon an Habeas Corpus, who were com mitted by order of the Afl!embly, for a breach. of privilege f but as their right of privilege is founded on a prefumption, that the Affein- bly of this Ifland holds the fame ran^, in the fyftem of its own conftitution, as a Britifh. Houfe of Commons does, in that of our mo-. ther« country ; I will firft endeavour to fhew,. from the moft authentick records and autho-. rities, that the privileges and the jurifdicjiion in jg^ueftion, have ever been exercifed and en-^ joyed by the Houfe of Cpmmons. The in ftances for my purpofe, to be found inthe/ Journals of the Commons, are innumerable ; but I fhall trouble jpu with afew only, which are, leading cafes, and of fuch authority, that they have ever fince; been admitted by |h©' Hpufe of p>< . of '( 51 ) of Commons for redreffing grievances, 'Pr bring ing public offenders to juftice, which the Af fembly is incapable of, I know of none which it has not exercifed at times, except that of impeachment; and this has been forborn^ not from any incapacity in that body, but from a defedt in the ' power of the council. An im peachment by the houfe of Commons in Eng land, muft be tried in the houfe of Lords ; it being below the dignity of the Commons, to appear as profecutors at the bar of any inferior court. The council or upper houfe here, have no , jurifdidlion in criminal cafes, and the Affembly being alfo above profecuting in the inferior courts, do therefore not impeach, only becaufe there is no judicature, which they can in this cafe with dignity refortto : But the Affemblies of Jamaica have always been ufed to enquire into the abufes and corruptions of office, the obftrudlions to public juftice, and the com plaints of fubjedls, oppreffed by the hand of power, and to bring the offenders in fuch cafes to juftice. If an offender be in any ftation belov/ the Governor, their cuftom has been,, to lay the evidences of his guilt before his excel lency, and by aiidrefs dofire, he may be profe cuted and difmiffed from the office he- has a- bufed. If the oppreffion comes from any of the courts or offices, which the Governor holds, they feek for redrefs by an application in the fame manner to his Majefty; infomuch, that public officers and magiftrates of all ranks, from the juftice of the Peace, up to the chief G 2 juftice. ( 52 ) 'juftice, Ihe members of his Majefty's council and the Governor, have at times been made to feel the weight of this authority, and to fuffer for their exceffes; £o that, tho' the Affembly do not impeach, yet they exercife powers as conftitutional, and every way as effedtual, to protedt the fubjedl, and bring the guilty to pu nifhment. And I appeal to every man, who bas any knowledge of the hiftory and conftitution of this Colony, whether the falutary and frequent, exercifes of thefe powers, have not been our main defence againft oppreffion, and our beft fecurity againft the ill effedls of that formidable and unconftitutional fhare of power, which our Governors are armed with. Our prefent Governor is faid to poffefs, to gether with the moft amiable private qualities, a great deal of learning, a very extenfive know ledge of the conftitution of Britain, long expe rience and habitudes in bufinefs, and very An gular talents for government, I am ready to allow his excellency all the good qualities he poffefles. If we could be always fure of good Governors, to contend for privileg'^s were but vanity, perhaps, and folly. But, as the fame God, who in his mercy gives w-ife and religious and juft Governors, may alfo in his difpleafure, and for our fins, permit hypocrites and tyrants to rule over us ; we fliould not yield to any ille gal or unconftitutional adt of a good Governor, which may be drawn into precedent, and made an oppreffive ufe of, in the time of a bad pne. ., , Such ( 53 ) Such, I think, was our Chancel oi'sM^^te difcharge of a commitment by the AiTembiy, as well as the record of his judgrri,-i,t upon that occafion : a record, which does avov/edjy hib- jedl the jurifdidlion and power of commit,, ie,!; of that houfe, to the judgment of an in cripr court, and which, if fuffered to ftand, Hioft effedlually difarms fhe Affembly, anu ccmc- quently, leaves the people without any prus;.:- tidn, againft the oppreffion and injuftice rf courts, or the corruption, the rapacioufnefs and iniquity of future Governors. To i;luitrj.t3 this, give me leave to fuppofe a very poffible cafe,, Suppofe the day arrived then, when our prefent Governor ftiall be recalled : Suppofe his fucceffor already in poffeflion of his govern ment; and fuppofe him, a man every way the reverfe of this, poor, needy, and -rapacious ; depending. for his fupport upon ftme powerful minifter; who, having fubfifted him for the for mer part of his life, will be ready to fuyport, him in his government, againft the complaint of any injured man, in order to prevent hi;, be coming again a burthen upon him. Suppofe him, in fhort, fent here to fill his bags, and perhaps, to execute the vengeance of a minif try upon this unhappy Colony, for .having, in fome inftances, oppofed their will and pleafure. He begins his adminiftration with nevv m ¦>- delling the courts of juftice, and difpofifjg them for a blind obedience to his will. He difplaces the judges, and fills the bench with fuch men,' as he can depend upon. He dilpla- ces the Attorney General, and puts a man in that _: office. ( 54 ) office, exadtly fitted for his purpofe, and obie- quious to his commands. Every thing thus pre pared, the fcene opens, and oppreffion of every- kind, and from every quarter, is let loofe upon the pepple. The patent officers, their deputies, and even their deputies' deputies, (for fome time paft very impatiently kept within bounds, by his majefty's gracious proclamation, by the integrity of the Governor, the power of the Affembly, and the juftice of the courts) now refume their fpirits : and (the Affembly dif- armed, the tyrant bribed, the proclamation forgotten, the courts of jliftice fecured, and all obftacles removed) they pradtice every kind of exadtion with impunity ; and like a torrent that has been for fome time withheld, overflow- the land, and leave every where marks of their rage and violence. In the courts of law, all is injuftice and oppreffion ; the guilty are fcreened from punifhment by nolle profequi% the innocent are harafl'ed by informations;, ju ries are .packed, men are convidled of crimes not committed, and upon laws not violated ; and obliged to give up a great part of their fubftance, in order to purchafe a quiet enjoy ment ofthe remainder; to purchafe a temporary exemption from punifhment, or to preferve a paltry exiftence, ^ But, bad and wretched as is the condition of the fubjedt in thefe courts, it is worfe as you go higher, procula Jove,procul afulmine. Take a view of the courts where the tyrant prefideS' in perfon, and you will find that corruption,: injuftice, rapine and . oppreffion, know no bounds. ( 55 ) bounds, where judicature is uncontrouled. Here, the law of the land is trampled upon, and inflrudtions are brought to fupply its place. Here, in violation of Magna Charta, juf tice is fold ; it is delayed by an unreafonable protradling of caufes ; it is denied by difcou- raging appeals from the inferior courts, and refufing them in his own. Under thefe dif- couragements commerce languifhes for fome time, and then forfakes us : the merchants quit the country, and the fhips do not frequent ,it ; money is fcarce ; the planter's produce lies on his hands, an ufelefs drug ; and the necef faries of life and the implements of induftry are furniflied, upon the moft exorbitant terms, exorbitant, in proportion to the uncertainty of payment. In this extremity, what relief has the wretched fubjedt? his Majefty's ears, it is true, are ever open to the complaints of his people, and his royal heart is gracioufly difpofed to re lieve them; but alas ! how few of the wretch ed people will be capable of applying for this relief .? fome will be deterred by threats, and the dread of that unlimitted power, vi/hich "hangs over them: many more will abfolutely be difabled by poverty ; and the few, who may have this remedy within their reach, will -be thofe who have been leaft oppreffed, and who therefore leaft deferve compaffion. At laft, the occafions of government, or perhaps an order from home, make it neceffary to call an Affembly. Hope is thecompmion, and too often the only relief of the -unhappy, who ( 56 ) _ who are ever prone to entertain if upon . the flighteft grounds. Thefe wretched people then begin "to flatter themfelves with hopes of relief from their reprefentatives; from that body, which was wont to fhelter them againft all op-i^ preffion. Fdndly imagining this circumftance to be a fignal, and a forerunner of returning li berty, they joyfully hail the happy dmert, and expedt the meeting with eagernefs and impa tience. The Affembly met ; the unhappy and oppreffed people flock in crowds to their doors, the fathers of families, difcon'folate widows, and helplefs orphans, difpoffeffed of their pro perties, groaning under oppreffion, and cover ed with mifery and want, prefent themfelves at the bar ; fet forth their grievances, and in ]the moft moving attitudes, and with all the pathetick eloquence of diftrefs, implore the relief and protedlion of the houfe. 'The houfe receive their complaints, and v*ainly imagining themfelves poffefled of their privileges and an tient powers, they (according to the pradtice of their anceftors) give the redrefs of thefe grievances the firft place in their deliberations. They take the examinations of the injured, and fummon the wicked inftruments of oppref fion before them, in order to gain the fulleft information about their oppreffions ; and, ac cording to their duty, lay the fadls before his Majefty, for redrefs. Here they are ftopt, their dreams vanifh, the criminals refufe to ap pear before them, and the houfe is given to underftand, that they were called together for the granting of money, and, that this (tho' the ( 57 ) the leaft and meaneft end of their original in ftitution) is now, the only power they have a right to exercife. In vain do they order the delinquents into cuftody ; the chancellor, by virtue of the precedent before him, dif- charges thern ; and this odious record now' appears to them in its proper fhape, as a moft dreadful inftrument of tyranny and op preffion. This, my dear fir, is a pidlure of the mi feries we are all liable to, if the court of Chancery is fuftered to determine the privi leges, and controul the jurifdidtion of the Affembly, Do npt think it overcharged :• It is not drawn from the extravagant ^images of an adlive fancy ; be affured it is taken from life ; from what has already happened, and does now adtually exift. If we are to give any credit to written accounts of voyagers, or to the evidence of' thofe, who have been on the fpot, it is a faithful reprefentation of what our neighbours, the American Spaniards, do at this time endure. Nor is there an op preffion, injuftice or hardfhip in all the above catalogue, which that unhappy people have not at times been made to fuffer ; and all, from a power in their courts of juftice, which has no conftitutional, or effeclual controul; for where the judicature of a country is with out fome ednftitutional check, fufficient to keep it within bounds, I defy any man to fhew me, what fecurity the people of fuch a country can bave, for their lives, their liber ties, or their properties. It is true that, were H we we bafe eriough to part with our defence and give up the jurifdidtion and privileges of the Aflembiy, it is not certain, it is perhaps not probable, that all the ill confequences I have enumerated, would at once flow from it, and be felt by the prefent generation, in their ut- rrioft feverity. But it is probable that fome„ and poffible diat all of them might follow : Ana. whilll: fuch a poffibility remains, we are, td all intents and purpofib, flaves, as much as the aforefaid unhappy Spaniards, or anj( other flaves. Our condition in that cafe, even tho' we do not adtv lily fu.f.r the fame hardfhips, differing irom theirs, only, as that of a flave who has an indulgent mafter, dif fers from his who has a cruel one ; for, it is the poller which' any man has of taking my life,. liberty, or property without my confent, that conftitulfs and defines flavery. You fee, then, the importance of the prefent conteft ; and, of how much confequence it is, efpecidly to. us who are fixed to the foil ; fince every thing that ari Englifliman holds dear, is ftaked upoff the iffue of it. In a conteft, where the ftruggle is for ally it would be furprifi.ng to find any one fo fool- ifh. Of io abandoned, as to contend for giving ;Upthe point; did not hiftory (to humble the *!pride'of manifhew us, that all ages, and all ''cbtintfies, have produced fome fo ftupid, as "to^^U their ''birthright for a mefs of pottage; fb bSfe knd degenerates^ as to court the' yoke. And' hif^drical juftice'-fcas ia: vain^ deliver&d thefe wretches do w4to pofterity, as criminals, in ( 59 ) in the moft odious colours ; fince the world ftill continues to produce fuch 'monfters. The number, indeed, pf men amongft us, who contend -for flavery, is, (thank God) fmall: and fome of thefe, no one is forry to find en gaged againft their country. They have, very happily and pi'operly, lifted in fuch a caufe ; fince the immorality of their charac ters would difgrace a better. But there are others, on the fame fide, of a very different ftamp, men, who wander not from the right •way intentionally, but as having been mifled. Thefe, every good man is concerned for, and wiflies to be reclaimed ; fince it is for the public good, that all honeft men fhould think alike, and adt together, in a matter of fuch public concern. , I think it impoffible, fuch men fhould con tinue in their errors ; if they would only take the trouble of examining by the Hght of theii: own reafon, the arguments which are made ufe of to perfwade, to frighten us out of our freedom ; arguments, that affront our fpirit, ' and infult our underftandings. We are told, for inftance, iri the public papers, we are told it in private, that if the Aflembiy does not proceed to bufinefs, (their privileges unvin dicated) we fhall loofe our Legiflature. We are told further, that his Majefty in council has determined againft us, and has given us to underftand, that if we infift on our privi leges, he fhall be under a neceffity of apply ing to his Parliament, to make laws fbr us, I have feen no fuch order of council ; and H z the ( .60 ) the perfon, who. is faid to report, that there is fuch an one, deferves fo little credit, that I will npt believe it, before I have 'better autho rity. Till then I fhall confider it as an im pudent calumny, calculated for the dirty pur pofe pf ferving fome turn, and tending to caft a refledtion upon the juflice of the moft gra cious and beft of kings, upon the integrity of his minifters, and the lords of his Majefty's privy council, and upon the honour and inde-- pendence of a Britifti Parliament. If I do fee fuch an order, I cannot refifl. demonftratioUj bull fhall confider it as an abufe of his Majef ty's name and authority, by his minifters, and fuch an attack upon the people of this Colony, as, if fubmitted to, or forced upon them, pro claims them flaves. By the law of England the king tan do no wrong, but the law fuppofes his minifters may ; and they, are accountable to their coun try for every Wrong or oppreffive adt-, that is done in his Majefty's name; and every indivi dual, wronged by their adt, has a right to com plain, and to feek a lawful redrefs. We have a king upon the throne, as incapable, from the gracioufnefs of his difpofition and the natural .gpodnefs of his heart, of doing any wrong, as he is fuppofed by the law to be, in his political capacity ; a king, who glories in being born _a Briton, Every good fubjedl ought; every fiibjedt in this Colony. I am fure, woifld fhed the laft drop of his blopd, in defence of his Majefty's' crown, and^tp preferve it in his royal line. , * ' ¦ To . ( 6r ) To his minifters' every good fubjedt owes refpedt, while they adt in their feveral de partments, for the public good. When they ceafe to do fo ; they forfeit all title to refpedt. To a Britifli Parliament, every fubjedl; throughout the Britifli dominion, owes, the higheft refpedl and reverence, and to their laws. obedience. , -' ^ Refolutions of his Majefty in cpuncil, are not laws : and if they are againft law, ho, fubjedt is obliged to obey them. If fuch a refolution as is mentioned, were to be pro cured in the cafe of the meaneft corporation in England ; if condemned unheard, they were to be told, that, if they did not yield to the didtates of a minifter, in a point of the laft confequence to their freedom, his Majefty would apply to Parliament, in order to dif- franchize them ; what, do you think, would in this cafe, be the confequence .? Do you think, the meaneft corporation in England would fubmit to fuch an outrage ? Or, would any minifter be fafe in committing it .? I be lieve not. I believe, his Majefty 'would, re fent it, as an abufe of his name and authority : the Parliament would, I believe, confider it as a daring attempt to degrade them, from the glorious title ' of protedlors df the Britifh li berty, to the bafe purpofes of oppreffion. Unhappy Jamaica then ! Is it. fo fallen, as to become of lefs confideration, than tho ' meaneft corporation in Britain ? Have we deferved fo ill of the nation, as to be thrown out of the protedfion of the laws, ftript of our ( 62 ) our privileges, and left to fhe mercy of a mi niflry ? ' I will never think fo. Let us riot think fo ill of his Majefty and of his Parlia ment, They do not deferve it of us. Let us riot think fo defperately of ourfelves, we do not deferve fo ill of them. The Affembly of Jamaica have made no violent, no oppreffive ufe of their privileges. An attack was made on their privil eges, as wanton, un^eferved, and unprovoked, as it was irregular and dangerous to liberty. It is invidioufly faid, that a power in the Affembly of commitment without controul, would be very dangerous to liberty. It is not pretended, that the Affembly have fuch a power without controul ; there is no fuch thing in the Eng lifh conftitution. The courts of juftice are controuled by one another, according to their different ranks : and the houfe of Coriiriidnsi a6 their fiperior in rank, controuls theni all. But the houfe of Commons is alfo fubjedt td a conftitutional controul, when they exceed their power or ftretch it, to the purpofes of oppreffion. If they opprefs the people, the king has a power offending them by a diffolu tion, back to the people ; and thofe they have oppreffed, will not again truft them with th'e power they have abufed. In ourx:onftitution, there is no fuch thing as a wrong without a remedy. But then you muft apply to the proper jurifdidlion. If you do not, you cannot expedi a remedy. If a man, for inftance, was to infift upon the of ficer of the crown's indidling his obligor in a bond. - ( 63 ) bond, becaufe he did not pay his obligation to .-the day ; would he not be laughed at ? Would any officer bring fuch an indidlment ? If a man, inftead ,of inaidting one for kiliirig his brother, were to file a bill in Chancery ; could he reafonably complain, if his bill was difmiffed ? If the obligee in the bond, or he who had loft his brother, had each of them applied to a proper jurifdidlion, they would have been redreffed. As they did not do fo, could they reafonably arraign the juftice of the government ; or with any colour fiy they were denied juftice ? fo if Cook and M*Neil chofe to apply to the chancellor, in order to be releafed. from a commitment of the Affem bly ; they applied to an incompetent jurif didtion; a jurifdidtion that could not confti- tutionally releafe them; arid altho' the Affem bly had even committed them unjuftly; yet they could not complain, if the Chancellor had remanded them ;'»sbecaufe they had a re medy, but would not apply to the proper place for it. Thus you fee, the attack in this inftance was irregular and unconftitutional. It was. wanton, becaufe thefe men ought to have gone firft by petition to the Affembly, where they would have been moft certainly relieved. But this it feems, was too humiliating for men of their figure; and they difdained it. It was unprovoked and undeferved; be caufe the Affembly was going on. 'with bufinefs in a regular courfe, and did not in this go out of their way ; and becaufe there never was nor ' ever ( 64 ) , ever will be, an Affembly better difpofed to fupport adminiftration, ¦ If the Governor thought the Affembly were oppreffing thefe men ; yet, as Chancellor, he ought to have remanded them ; tho' he might in this cafe have diffolved the Affembly, as Gpvernor ; and if he had done fo, the pri vileges of the Affembly would not have been infringed, tbe men would have been releafed, and he would not have exercifed a power un conftitutional and dangerous to liberty, and would therefore have given no reafonable caufe of Offence. *^* The fate aud condition of Ireland fliould be a document and warning to all the Colo^ nies, Ireland, inhabited and poffeffed by the children of England and of thofe who con quered it, was once free. It is not fo now. An artful Governor (Sir Edward Poinings) fent to them, perhaps, for that purpofe, by Hen, VII. 'cheated them put of their liberties, that is, into an adl of Parliament that fixed a yoke about the nation, which their pofterity have ever fince been groaning under the weight of; and the Irifh enjoy at this day, lefs liberty than any other fubjedls 'in the Britifh. dominions. This could not have happened without their confent. Let any man look over the lift of Fenfions on the Irifh eftablifhment, publiffied not long fince, and he will fee, what a niilch- cow that unhappy kingdom, (with fiTch a curb in its mouth) is to a Britifh miniftry. It is this honourable badge which minifters have been long endeavouring to adorn the Co lonies ( ^5 ) lonies with. Tn Charles the lid's time, the Earl of Carlifle was fent hither our Governor, and brought v^ith h'im a body of laws, faitiioned after thofe of Ireland, with inflrudtions to get them pafled here. But our anceftors rejeded them with indignation; no threats could frighten, no bribes could corrupt, no arts or arguments could perfwade them to confent to laws, that would enflave pofterity ; and there fore we are free. The endeavours of fucceffive minifters were continued for this purpofe, until the year 1728, when King George the lid gave his royal af fent moft gracioufly to an adl, commonly called the Revenue Adl, which put an end to the con teft ; for in that adt it is declared, ' " That all " fuch laws and ftatutes of England, as have " been at any time, efteemed, introduced, " ufed, accepted or received, as laws in this " Ifland, fhall be and are hereby declared to " be and continue laws of this his Majefty's " Ifland of Jamaica, for ever." And his Majefty's confent to this law, which may be called our great Charter, was purcha- fed by granting therein a perpetual revenue, to his Majefty and his fucceffors. By this law, we are precifely entitled to all fuch laws of England, as have ever been ufed here. .Now, our court of Affembly, as appears by their minutes, have ever governed themfelves, and exerted their jurifdidlion in cafes of privilege, by the law pf Parliament, The law of ParUament has ever been allowed by all lawyers and judges, to be part" of the I law ' ( 66 ) - of England; I would therefore be glad to hear, by whst quirk or fubtilty it could be diftin-- guiihed, in our cafe, as no law of England. Have our anceftors, in the infancy of this Colony, in the arbitrary reigns of a Charles and a James, and when prerogative was unli mitted, and liberty undefined, thus nobly with ftood every attempt to enflave us ? And fhall ' the prefsnt generation, now when liberty is eftablifhed, and prerogative limitted, do lefs for pofterity ? God forbid ! The conjundure is, moft certainly, critical ;. our danger great, and the power we have to contend with formi dable. But the fpirits of a brave People fhould rife, in proportion to their danger. It is the part of flaves, to fubmit to Oppreffion ; it is the part of cowards to fhrink at the ap pearance df danger. We are not flaves, we cannot be made fo without our confent, as long as Great Britain is free. If we fuffer ourfelves to be frightened out of our liberties, we are cowards : if we give them up from any other motives, we are traitors ; traitors to the prefent generation; traitors to pofterity. But if, after having done our utmoft, they fhould be wrefted from us, by a ftronger power ; every man who has done his duty, will have the teftimony of a good confeience for his comforter ; and mens fibi confcia redii, the greateft comfort of a good man, will be ours. His Majefty, and every honeft man in Britain will think the better of us, for fhewing a manly refolution and conftancy, in defence of our privileges. His Majefty will think the better ( 67 ) better of our loyalty, for our love of liberty ; for his throne is founded on liberty, and it is his greateft glory to reign over a brave, a loyal, and a free People, To conclude, we have received our liberties, as an inheritance from our fathers, and we are bound to tranfmit them to our children, un impaired. If we do fo, we fliall do our duty ; if we do otherwife, we fhall adt with the bafeft treachery and impiety : ,we fhall defervedly in cur the cenfure, the contempt, the abhorrence of all honeft men, and entitle ourfelves to the curfes of pofterity. I am, &c. Jamaica, Auguft loth, 1765. FINIS. APPENDIX. A N Hiftorical account of the eftablifhment o F ,T H E Colony of JAMAICA^ Its Conftitution, form of Government, and progrefs from the Conqueft thereof by the English, until the year 1684. NOWFIRST PUBLISHED, From a manujcript of undoubted authenticity* I . A F T E R the conqueft of Jamaica, /-^ part of the army being left for its •^ -^ fecurity, and the prote^ion of thofe who fhould be induced to fettle and plant there ; martial Law became the rule of their government, and was continued until the re- fldration of king Charles the fecond- 2. But his faid majefty, gracioufly bending his thoughts and councils to promote the pro fperity of this colony, foon -refolved that the army fhould be difbanded, and» that a civil government fhould be eredted, under fuch a known: ( '" ) known cuftoms and laws, as would render the country agreeable to the inhabitants and - tjcneficial to his kingdom. 3; Accordingly, Coloriel Edward Doyley, by his majefty's commifiion under the great feal of England, dated the 8th of February 1 660, was appointed governor of the ifland of Jamaica; and was diredled to proceed forth with to the eledling of a council to confift of 12 perfons, whereof the fecretary of the faid ifland was to be one ; and the reft to be fairly and indifferendy chofen by as many of the army, planters, and inhabitants, as by his beft contrivance might be admitted ; and with their confent, the faid governor was impow ered to adt according to fuch juft and reafon able cuftoms, and conftitutions, as were exer cifed and fettled in his majefty's other colo nies, or according to fuch other as upon ma ture deliberation fhould be held neceffary, for the good government and fecurity of the ifland ; provided they were not repugnant ito the laws of England. 4. In obedience to this commiffion, a council was eledled by the country in the na ture of their reprefentatives ; feveral municipal laws were enadled, civil officers were confti tuted, and provifion made by a revenue adt, fo fupport the charge of the \ government, which was then computed at 1640I. per annuin. 5. But the Spaniards frequently diftnrbing them in their new pofieffions, the army was ftill ( iii ) © (till kept on .foot; which preventing the, in^ cireafe of the colony, and reftrainifig the in- dtiftry of the inhabitants, the planting and breeding of cattle during this governor's admi niftration, were very little intended. 6. The firft effay towards the eftabliffiing and fettling of the government, proving there fore deficient, hi&^majefty confHtuted the lord Windfor, governor of the ifland, and by his gracious proclamation of the 14th December, 1 66 1 (which his lordfliip carried with him) granted great encouragement to the planters, anddeclared that all the children of his natutal born fubjedls to be born in Jamaica, fhould be free denizens of England, and have the fame privileges to all intents and. purpofes, as the free born fubjedls of England. 7. And, as his lordfhip's commifiion and inflrudtions contained greater privileges, con- ceffions and indulgences to the inhabitants, than thofe that were fent to his predeceflbrs; fo they were better calculated for the more ef fedtual eftablifhment of the government ; by di«dting, that it fhould be affimilated to that of this Kingdom ; and to this end he was im powered to appoint his council, and to call afferiiblies according to the cuftom of his majefty's other "plantations, to make laws; avhich were to be in force for two years and no longer, unlefs confirmed by his majefty, and upon eniergent heceffities to levy money &c. a 2 , . 8. My ^ ( iv ) , 8. My lord .Windfor, not enjoying his health, remained there but a few months : however, . he fettled the militia, and confe quently difbanded the army, 9. Upon his departure, in Odlober or November 1662, Sir Charles Lyttelton*, at that, time chancellor of the ifland, fucceeded in the government, and in Odlober 1663, by advice of his council, called the firft affembly, which confifted of 30 perfons ; and upon their meeting they enadled a body of laws, v/ith an adl for railing m.oney for the publick xifes wherein the colkdliwi, dfpofal 2Sid ac counting, was appointed by th^ affmbly. . 10, In 1664, Sir Charles Lyttelton, left, the government mder the care and diredlicn of the coun(:il, who chofe Colonel Thomas Lynch prefident, ,2500 of the inhabitants were then regimented, befldes 4 or 500 more, difperfed inthe country; and their provifions (as hje. afltrted) infinitely increafed. II, This account was fo acceptable to hia majefty in council, that Sir Thomas M&dy- fdrd was recalled from Barbadoes, and by commiffion under thq 1 5th November 1.664, w^ conftituted governor of Jamaica, with powQr to eredl judicatories^ to call affemblies and with their confent, to make, ordain axid confiituie, all mmner oi Laws, Statut,^? and 0rd'1js[ances, and upon imminet^, occa- fims to Livv Money for the good and fafety of the publick ; which laws were to be, as . ¦ near * Grandfather to the late governor. ( v^'• ) i- near as might be, fuitable and agreeing with the laws of England. .^rj 12. Accordingly in his firft year he called an affembly, who enlarged and re-enaded the former laws, and thefe upon fome affu- rances given him of his majefty's approbation, were continued in force during his govern ment, which ended in the year 1670. 13. By the mufter rolls of the militia, about this time, tranfmitted to the lords of the conimittee for trade, it appears, their number was 2720 ; and that the number of feamenin and abput the ifland was, 2500; privateering being then the great .bufinefs and^concern of the ifland. 14, JBut an end being put tp that trade, fpon after the conciufion of the American treaty witli Spain, and the governnaent being confirmed by the new governor's (Sir Thomas Lynch) commiffion andjnftrudtioii?, the im provement of the ifland was induftrioufly prp- fecuted and encouraged, and the planters en- prqafed, by the conftant acceffion of others, from all the feveral parts of his majefty's dprninions. 15. An affembly was call'd fpon after his ^arrival, by whom the laws that W€r« paffed ind expired in the time of the preceding go vernor, were altered and enlarged; andin two \ears after, not being confirmed, they were %,ain re-enadted and fpnt to England," for his Aijefty's rayal appxovai. 16. My ( vl ) i6. My Ldrd Vaughan fucceeded Sir Tho mas Lynch in 1674, his dommiffion'named his coanfellors, diredled his calling affemblies to be chofen by the freeholders and planters, according to the cuftom and ufage of Ja maica : who were to be deem'd the reprefen tatives of the people, to make laws as near as conveniently might he, agreeable to the laws and ftatutes of England ; thefe laws to continue in force for two years, but none to be re-enadted, except upon very urgent occa fions, and in no cafe more than once, ex cept with his majefty's exprefs confent. 17. His lordfhip immediately fummoned an affembly, and paffed all the laws that were then expired, which were fent to England to be confiriued or otherwife difpofed of as his majefty fhould determine : but not being re turned at the end of two years, another affem bly was called, by whom all the fame laws we're re-enadted exceprthe revenue adt, which was rejedted by his lordfliip. ' ', 1 8. As my lord found the ifland in a flou- tifhing condition, and that the people had been eafy and well pleafed under the mild and fuccefsful government of his predeceffor, lb by his indulgent, fteady and impartial • condudl, he greatly contributed to the iw creafe, both of the ftrength and trade of tie ifland.' ' -- 19 : By an account of the Militia fent hore, not long after his departure,' they were gig- meted ( vii ) mehted to 4526 ; a greater number than they have ever fince muflered. 20. And the planters exported, in the 4 years from the commencement of his govern ment, very near three times as much fiigar as they had exported, in the three and three quarters preceding years. 21. Neverthelefs, this profperous courfe was foon interruted, for uponthe examination of the laws then in force at Jamaica, fuch objedlions were raifed by the lords of the com mittee for trade, that his majefty was pleafed to rejedl fome and diredl the new modelling of the reft, which were to be fent back, that they may be pa fed by the affembly after the manr- ner in Ireland, according to POYNINGS LAWS, to which rule they were to be bound for the future. 22. And the aflfembly having imprifoned one of their members, for feveral mifderaca- nors and breaches of orders of their houfe ; the privileges they infifted on as natural and lieeeffary to the reprefentatives of that colony, which were the fame that the houfe of commons have in England, were likewife controverted. 23. The aforefaid laws were accordingly returned to Jamaica in 1678, by the Earl df Carlifle their new governor, who on his ar rival, called an aflembiy, in order to pafs the fame ; but they being very much diffatif- fied with this frame of government, and with their lofing their deliberative part in making andpaffing their laws, rejected tkem. -" ¦ The ,< ,1 ( V"i ) •24.. T*he next year 1679, the faid laws were again tranfmitted thither, under the broad feal of England, and tho' his maje.fty vvas advifed to furnifli his governors and theif council for the time to cdfife, with power td raife money, as had been pradticed in theifr infarit ftate, ift hey did not comply with his royal commands, yeT they Again' rejected them'. 25, "It Would be too tedious td enter Into the argtirrients and reafbns, that dn the one hand Were urged to oblige the affembly to comply ; and on the other, that were offered to fupport the neceflity of re^eftablifhing their late Gdnftitu,tidh, 26, Hdwever it muft be obferved, that on the 33d of June 1680, his majefty in council was pleafed to order, that the follow ing queftions fhotild be prppofed to all the judges, viz. 27. Whether by his majefty's letter, procla mation, or commifiion, annexed, his tna- jefty had excluded himfelf frpm the power of eftablifliing laws in Jamaica } ic being a - conquered country, and all laws fettled by authority there, being now expired. What was reported hereupon by the judges doth not appear ; neither is it material, fince his majefty very gracioufly condefcended, af ter hearing colonel Long and colonel Beefton (who were deputed by their colony to fupport their allegations) and the i)lanters and Mer chants then refiding in London, by and with the ( ix ) the ackice of his mofli hondurabite privy coiin- ctl todetermine in their favdur ; and accor dingly by a new commiffion to the Earl of Carlifle, under the broad feal dated the jd of 'November following, not only reftored to t^e ifiand their former government, and all pirivileg8& they hadhithertd ettjpyed, but en larged' them, and in cdnfideration of tbe lan- guifhing ftate of the country, granted, that ihe quit- rents, &e. there arifing to his ma jefty, fhould hereafter be appropriated and ^plied, to the ufe of the publick. 29, The Earl of Carlifle having left Ja maica during this debate. Sir Thomas Mor gan,- adled- as lieutenant governor in his ab fence : his lordfhip declining to return^ his majefljy gave the ifland a further inftance of h'is great" favour and goodnefs, andin 1681 appointed &ir Thomas Lynch, governor, and impowered him, with the advice and con fent of the Afpmbljf. and Council, to make fuch laws as fhould be conducive to his majefty's intereft, and agreeable to them ; accordingly in. 1682, feveral ne.v laWs more paffed by the Governor, Council and Ajembly, Vfheieof 28 on the 23d of Febrnafy following, were approved and confirmed by his m.jjefty, for {even years, and thofe with fome ot'j.3rs, that compleat the firft volume now in print, on the 1.7th of, Aprd, 1684, vvere approved and .eonfirmed;by'his majefty for twenty oneyears, and are ftill in force. b 30. In , ( X 0 'i ¦ ¦,¦',". / 30. In this manner wjs the Jegiflature' djT :Jamaica at laft happily fettled, to the grea fatisfadlion and encouragetiient.ojF.the inhabi tant's 'i and as this government, was afljmila- ted as near as poffible to the government .of this their mother kingdom, fo their affemblies were 1\.LLO WED, AND ENJOYED, the fame privileges that the houfe of commons poffeffed there. , / 31. And fihce my Lord Windfor, undejr whofe comrniflion affemblies were firft efta- bliflied, were diredled to do and execute, ail things according to fuch reafonable, laws, cuftoms and conftitutions as fhould be fettled, prd^'ided they were not repugnant to the laWs of England, but agreeing thereunto as near as the condition of affairs would permit ; and that the fucceeding governors commiffions are of the fame import, as it cannot be doubt ed, it was abfolutely neceffary. thp aflembiy fhoijld have rule td go by ; fo it is fubmited, whether' the governors had it not in their power tp prefcribe this known riile to them felves, apd to the affembly, and whether they could lay down a better. 32. Their opinions however both of tbe conftitution and privileges ofthe affembly of Jamaica, wil! appear by what follows. Iri the year 1669 Sir Thomas, " Modyford anfwefs^to the lords of the coinmittee for trade, upon their enquiring how the legifla ture Was fettled. , .' " aOlO'.> , ' :'^,,, ; ;:. .,, - rrnv-' 53- That 33.' Tha< the legiflative power of making ,and repealing' laws,, is fettled in the gov- rnor :as his majefty's conrimiffioner; in his majefty's council, as reprefenting the lojds houfe; and in the affembly, compofed of the reprefenta tives ofthe freeholders, two perfons eledled out of each parifh, and thefe chofen as the "cdricimons of England, being an humble model of^ our high court of parlianient. Each of the refpedlive bodies enjoying a negative, as :\tall as an affirmative vote. - 34. The lord Vaughan, on a queftion that arofe about the method of paffing laws, de clared to the aflembiy, that he fhould guide Mimfelf according to the if age andcufiom of par liaments in England. , ^. ,, 35. The affembly, in an addrefg to the earl of Carlifle upon the objedtions that, were hiade againft the imprifoning their nxen^ibers for mifdemeanors, &:c. fay, ' 36. They hope it is juftifiable, the king'? governor having affured them that they have the power over their members, which the fidufe of commons have, and all fpeakers here praying and the governor granting, the ufual petitions of fpeakers in England. * 37". Sir Thomas Lynch, about the fame -tii^e being called upon to give an account of -the gpvernmeht of Jamaica, argues thus. - ; If the king's commiflions havq appointed ••affemblies, and if they have been conftituted " in all. the colonies from their firft eftablifh ment as a government, the moft juft and like b ~ this ( ^.^li '&¦-;¦) V| thi^ t)f E*f^feh^ ' ^en thi^ hriper-that th^ - alone ctf ail the'eolGnies,, fhall not be retrenclfc-,f ed in-i^ny of th.e' privileges,^ naturajl to fuchij affembly ; and upon the aforefaid defign -re lating' to the p^ng of '^^their laws,, he offers it as his opinion, that it was probable the aflenibfy would - rejedl the laws, and th'at it> was poflible, the council might ystin with the governor, to order* thofe laws to beiConitiniued j , but he verily believed that they )^viQul4 not continue the revenue bill,forthat they thought peculiar to the affembly. »f «>;} .38. In faid Sir Thomas Lynch's ftat-e \jamaica, which he tranfmitted to Engl .ind in 1663, when he was placed the third uaie ® at the head of gpvernment, ajid after its- re- ' eftabliih a icnt, he afrerf-s '. c i 3v^ rj-^at all the methods and proceedings of ^^cf the affembly ^were conformable to thoic oi Engliffi parliament, as much as foiittk a iiody "^^fcay to fo great a one. nsi , .' - And in another acdousat he adds.-fht^^s^. Tbe king, by his charter of government as copi*- niillioner has conftituted affemblies, that ane %imbi.oss of an Englifh parliament, 4 439. Neither were fuch concefiions incon- fiftent with the antient nor the moiern con ftitutions of colonies,, for as Grotius obferv^, the Grecian colonics (which conftituted ^f' ticular common wealths) were to esioy la^ual privileges atwi liberties with their tjitjher du ties ; and thofe that were afterwardiS platted by th^ Romans, werci models of th^t repub lick J { xiii ) tick ; nocwithftanding they k^t them in fub- ; jedtion and dependency ; to which example, all the jiklioBis in Eui^e feaw in general, -ever fince refpedlively adhered. 40. From the whole theri^fpre it's very ap parent, by what rule the affemblies of Ja maica, were at finft conftituted and afterwarsis dire an^er his breach of tfee privi leges of this houfe, and that Mr; Speaker fign a warrant for that purpofe. Ordered, ThaJ^ Jtit&ird' Tfhomas Willfon be remanded into the cuftody of the meffen ger. .Sabhati, i^ Die t)ecemhmBr tf^/^, Refolved Nemine Contradicente, tihat it has appeared by the examination of Richard Thomas Wiltfen, that Lachlan McNeil, de- puty-Marfhal, did- diredb him to execute a writofvenditksni exponas againft John Oly phant, Efqs a membet of this houfe. Refolved Nemine Contradicente,. that, the faid Liachlan M*Neil, has, by fuch di* redtion been giiilty of a breach o^ the privi leges of this houfe. Ordered, that tbe mefleng^er of tiiis houifff dp apprehend the faid Lachlan McNeill and bring, him to the bar of this houfe on Tuefday morning next, to anfwer his breach of the privileges of this houfe ; and that Mr. fpeaker iign a warrant for that purpofe. Refplved Nem.inc Contradieente, that no memberof this houfe during the continuance of this affembly have any privilege except for viiis perfon only, againft any of his majefty's fubjedls, in ^ny fuit orproceeding in coiwts of ( xvii ) of law or equity for any longer time than the houfe fliall be adtually fitting for difpatch bf bufinefs. • Martis, 1 8 De Decenibris, 17^4;- His excellency in his majefty's name, hy andwith the advice of his council, was pleafed to prorogue the affembly until Wednefday the 19th day of December inftant. Mercurii 19 Die Decembris, 1764. THE houfe being met, according to pro rogation, Mr. Chaloner Arcedeekne waited ori his excellency, and acquainted him therewith. ' A meffage from his excellency bythe provoft marfhal, acquainting the houfe, his excellen cy, in his majefty's' nkme, commanded the attendance ofthe houfe immediately in ^ the council chamber; accordingly Mr. Speaker> with the boufe attended, and being returned, Mr. Speaker reported, they had attended his excellency, and that he Was pleafed to make them a fpeech, whereof Mr. Speaker faid fto prevent miftakes) he had obtained a ;«c^yi which being read by the clerk, was Ordered to be entered, and is as follows : Afr. Speaker, and Gentlemen of the Affenibly, AS I paffed many adls diiring your late feafon, arid the feffion of the year is fo far advanced, I fhall only recommend to Vou to grant the proper fupplies for the fup port pf government ; and I hope you will a- void all unneceffary delays, as your prefence in ¦youT refpedlive diftridls as magiftrates and c military ( xviii • ) military officers will be particularly benefi cial at this jundture. . ¦ ¦ A motion was made, that an addrefs be prefented to his excellency for his fpeech at the opening of this feflions. Ordered, that Mr. Lorig, Mr. Edwardes, and Mr. Attorney-General, be a committee to prepare and bring in the fame. And that his excellency's fpeech be referred to the faid committee. Refolved^ that the rules of the laft feffion be the ftanding rules of the houfe. Refolved nemine contradicente. That every member of this houfes enjoy the privi leges of his perfpn againft arreft and imprifon- ments, in fuch manner as has been hereto fore ufed and accuftomed* Refolved nemine contradicente," That no member of this houfe have any privilege in cafes of treafon, felony, breach of the peace, or forcible entries, or forcible detainers. Refolved nemine contradicente, that no member of this houfe hath any privilege in regard to his goods and chattels, except fuch as are neceffary for his accommodation during his attendance on the houfe. ' = Refolved nemine contradicente. That no 'iiiehibpr of this houfe hath any privilege agairift/ jjayment of any aids, fupplies or tax«, granted for the fupport of his majefty's gov^rhment of this ifland, or of any piarifh duties. '- , ' Reflved nemine contradicente. That the re-'flcdting upon the proceedings cf this houfe, ..'-'¦ ' or. ( X'x ) or any member thereof, for, or relating to the fervice therein, is a high.violation of the rights and privileges of this houfe. Refolved nemine contradicente. That the mifreprefenting the proceedings of this houfe, is a breach of privilege and deftrudlive of the freedom of this houfe. Refolved nemine contradicente. That to affert that this houfe have no power of com mitment but of tbeir own members, tends to the fubverfion ofthe conftitution of the houfe. Refolved nemine contradicente. That no perfon committed for breach of privilege by order of this houfe, ought to be difcharged during the feffion bf affembly, but by order or warrant of this houfe. Refolved nemine contradicente. That Richard Thomas Wilfon, who was in cuftody of the meffenger attending, this houfe the dift feffion of affembly, for a breach of the privi leges of this houfe in executing a v/rit ot ven ditioni exponas on the coach horfes of John Olyphant, Efq; a member of this houfe, tl]e hioufe then fitting, and Mr. Pierce Cook, w^o was likewife in cuftody the laft feffion of afl'^m- bly, for diredling the faid Richard ThpmasWil- fonin the execution ofthe faid writ, and Laphlan M'Neil, deputy- marfhal, who was likex^ife in cuftody the laft feffion of affembly, for diredling the faid Richard Thomas Wilfon to execute the (aid writ, ^ be again feverally taken into the cuftody of the meffenger, and that Mr. Speaker fign warrants for that purpofe. Refolved nemine contradicente. That Ed ward Bolt, Efq; meffenger of this"^ houfe, in c 2 having having received and detained, andin receiying ^d detaining ill cuftody any perfon or perfons, committed by order of this houfe, fliall have tbe afjaftance and protedtion of this houfe. ^ Ordered, That the above refolutions be printed in the public news papers. Refolved, That all ftanding committees of the laft feffion be revived. A-motiojn was made, that a committee be appointed to bring in a bill, for the better qualifications of perfons eledled to ferve as members in any future aflemblies of this ifland. Ordered, That Mr. Attorney general, Mr. Arcedeckne, and Mr. L.fUg, b.; a cornnuttce to prepare and bririy^in the fame. ' Refplved, That this houfe will ;'ram<^'^iate- 1/ re..)lve itfelf into a committee on his excel lency '.fpeech. The houfe according to order, refolved it- leU into j- committee on his excellency's speech, and after fome time fpent therein Mr. Speaker lelLn^ed the phair, and Mr, Chief Juftice from the committee, reportedi they had gone through the fame, and had come to feveral refolutions, which they had diredtpd him to report, when the houfe would be pleafed to receive them. :, 0,rdered, that the report be now made, , Thep: Mr. Chief Juftice' in his place read the refolutions, and delivered them in, at the table, which being again feverally read by the clerk, w.ere agreed unto by the houfe,' and are a,s folloxys : , . - - "¦ ift. Refolved, It is the opinion of this conjrnituee, |hat a commiueebe appointed to ¦hsu:- bring XXl ) 3 bring in a bill to obhge the feveral inhabitants' of this ifland, to provide themfelves with a fuflicient nutnber of white men, white wo men or children, or pay certain fums of money in cafe they fhall be deficient, and applying the fame to feveral ufes; to protedl free holders on the days of choofing church-war dens and veftry-men ; and to afcertain who fhall be deennied duly qualified to vote at fiich eledlions. . Ordered, That Mr. Chief- Juftice, Mr. Redwood, and Mr. Taylor, be a committee to prepare and bring in the fame. 2d. Refolvedi, It is the opinion of this com mittee, that a committee be appointed to bring in a bill, for laying a duty on all wines, rum and other fpirituous liquors retailed within this ifland, and apply the fame to feveral ufes; and for laying a further tax on licences to be granted for the retailing of wine and other liquors. ^ Ordered that Mr. Attorney-General, Mr. Levingfton, and Mr. Goulbourne, ¦'be a com mittee to prepare and bring in the fame. 3d. Refolved, that it is the opinion of this committee that a committee be appointed to bring in a bill for raifing feveraf fums of money, and applying the farrie to feveral ufes, for fubfifting, for one year the officers and foldiers of his majefty's 36th regiment of foot. Ordered, That Mr. Long, Mr. Bourke, Mr? Provoft, be a committee to prepare and bring in the fame^ -dt •-' 4^- Mr. Chief Juftice according to order, pre-- fented { ( xxu ) fented to the houfe a bill tor oblige the feveral' inhabitants of this ifland, to provide them felves wih a fuffi ient number of white men> white women or children, or pay certain fums of men in cafe they fliall be deficient, and applying the fame t.j feveral ufes ; to pro tedl freehold ers on the days of choofing church wardens and veftry-men ; and to afcertain who fhall be deemed duly qualified to vote at fuchelcdtiunf, which was received and read. Ami ordered to be read a fecond time to morrow riorning. Mr. Attorney-General according to order, prefented the houfe a bill for laying a duty on all wines, rum and other fpirituous liquors retailed within this ifland, and applying the fame to feveral ufes ; and for laying a further tax on licences to be granted for the retailing of wine and other liquors, which was received and read. . ;, And . ordered to be read a fecond time to- mcrrow morning. Mr. Long according to order, prefented to the houfe a bill for raifing feveral fums of money, and applying the fame to feveral ufes, for fubfifling for one year the officers and fol- diersot his majeftyfs 36th regiment of foot, -which was received and read. ,..-. And ordered to be read a fecond time to morrow morning. Jovis 20 DieDeceD^bris, 1764. 'jg HE meflenger bsing called in and exa- 'iti'*" minedj informed the houfe that he had , executed the warrants againft Mr. Fierce Cooke aVid Lachlan M'Neil, and • that he had been ferved with two writs of habeas corpus, figned ( xxiii ) by his excellency, as chancellor, to which he had made returns and had attended his excel lency with the faid Mr.Pierce Cooke and Lachlan M'Neil, and that his excellency as chancellor, had ordered him to bring them before him to-morrow morning at ten o'clock, when he ordered they fhould be' heard by couricil, on the fubjedt matter of their commitment. Refolved, that Edward Bolt, Efq; Meffenger of this houfe do keep the faid Mr. PierceCooke and Lachlan M'Neil, in clofe cuftody. . Veneris 21 Die Decembris, 1764. ""T^HE meffenger being called in and exa- •*• mined, informed the houfe; that he had carried Mr. Pierce Cooke and Lachlan M'Neil before his excellency", agreeable to his o der of yefterday ; and after his excellency had heard council in a court of chancery on the caufe of commitment, his excellency as chancellbr, had difcharged them from his cuft,ody. Refolved, That this houfe will immediately refolve itfelf into a committee of the whple houfe. '' Then the houfe according to order refolved itfelf into a committee of tf^e whole lioufe; and after fome time fpeht therein, Mr. Speaker re- fumed the chair, and Mr. Chief- Juftice from the committee reported they had cdme to fome refolutions, of which they had diredled him to make a report, when the houfe \Vould be pleafed to receive the fame. Ordered, that the report bs now made; Then Mr. Chief- Juftice in his place, ^'e^d the refolutions, and delivered them in at the -table, and the firft refolution being again read by the clerk, is as follows-:; - ift.uRe- f xxiv ) jft. Refolved, That it is the opinion of this committee, that his excellency WiDiam Henry Lyttelton, Efq; in taking upon himfelf as chancellor to determine againfl the privileges of this houfe, and to difcharge Pierce Cooke and Lachlen M'Neil, who were committed to the cuftody of the meflenger of this houfe, for a contempt and breach of the privilege of this houfe, has adted in an unjuftifiable man ner, and has been guilty of a flagrant breach; contempt and, violation of the privileges of this houfe, .and the liberties«of the people. A debate arifing, and the queftion being put, it paffed in the affirmative, yeas 1 8, noes 4. The ad, 3d, and 4th refolutions being again feverally read by the clerk, were agreed unto by the houfe, and are as follows : 2d. Refolved Nemine Contradicente, That it is the opinion of this committee, that this houfe cannot with any dignity to itfelf or juf tice to the people, proceed to any other bufi nefs, under fuch a violent and unexampled breach of its privileges. 3d. Refolved nemine contradicente. That it is the opinion of this committee, that this houfe will not proceed to any other bufinefs until it fhall be right in its privileges, and has received ample reparadon for the indignity that has been offered to this houfe, 4th. '"Refolved nemine contradicente. That it is the opinion of this committee, that Mr. Pierce Cooke and Lachlan M*Neil, be feve rally taken into and kept clofe in the cuftody of the meffenger of this houfe, for a contempt and breach of the privileges of this houfe. ( XXV ) and that' Mr. Speaker do fign warrants for that purpbfe. ' " - ' " ' -,-¦'»' •¦ ' The 5th. refolution b=ing again read by the clerk, is as follows ; ¦ ' _5th. Refolved, That it is' the opinion of this comnriittee, that a committee be ap pointed to draw up an huriible addrefs to his majefty, moft humbly reprefenting, that the affemblies of this ifl.and have frpm the earlieft eftablifhment pf civil gpverntti?nt in this colony, enjoyed all the rights and privileges inherent in them as the reprefentative body of 'the people; that among other rights and privileges derived to them, from the reafun and nature of their eiedioh and conftitution, and from thegpace, grants and conceffions of his majefty's royal predeceffors, as well as frotn prefcriptive right and cuftom, they have uninterruptedly enjoyed a privilege of . freedom from arrefts, both of perfons and goods neceflary for .their accomniodation, during their feffion, 'conformable to ancient ufage and cuftom, except in .cafes of treafon, felony, and breach of the peace, taxes dr .other monies due to his majefty, for the fiip- pdrt of the government of this ifland : that without thefe privileges the intent pf affem - bling for difpatch ofthe public bufinefs would be defeated, their attendance interrupted, their orders defpifed, and l;hey them.felves ex pofed to the moA flagrant contempts and in dignities, aiS being nd more t^an the fhadow of ,a body, 'having no power or authority whatfoever; and as they have .enjoyed a con- d ' tinued C xxyi .) tinued and uninterrupted exercife of the tjght .^n4}urifdi^aeK>fcornmittingtheir ov^'n rnem- ¦ bers, aa well as others, guilty of any breach of their privilegesifo they efteem this right to be .effential to their very being as a free affembly ; that it is therefore a duty incumbent on us, tp renaaiiftrate to his majefty, that a vyrit pf ve^diteml exponas, was lately executed upon the'jcoach horfes of one of our meriibers dur ing the fitting of the houfe, and that upon complaint made to the houfe, the perfons con-r cerned in injurious breach of our privileges, , were committed into the cuftody of pur mef fenger, that the perfons fo taken into cuf tody, applied to, and dbtained frorn his ex- celkncy William Henry Lyttelton, Efq; as ' chancellor, writs of hahqas cdrpus; and bis excellency in chancery, haying . heard the aj-gunients of council at law, againft the caufe of the commitment, did take upon himfelf, iUia mOft unprecedented manner^ to deter mine againft our privileges, to prondunCe' the cpmmitment by the fpeaker's warf^rit illegal, and ip order the parties to be dicharged put of cuftody of our meffenger, and that as no- thiiJg can fo effedlually contribute td render a people profperous and happy, as a juft dbri- ^ervStion and fupport of their ancient and furidariiental rights, franchifes, jurifdit^idn and privileges ; and as wre are fully perfliaded thi^t %h^ happinefs and welfare of his fubjedls areiJ^^ chief obj«3:s of his majefty's cati^ and attgrH:ion, moft humbly to befee ch his niajefly, thKyt ihg: will.be gracioufly pleafedtcfintdrp afehis roy^^^thority , and by reftraining )iii Excellen cy's arbitrary exerdife of poWer^^ chancel lor, protedl us from fuch bpenWdi 'iiSanifeft^ yiplatioiis.-deftriidlive of our tights, and ftib- .yerfiyj of Q^r-xonftitution, and 'moft earneitlv ;tp irriplore his majefty in his royal goodnefs to graiit us. fuch other redrefs as. to his majefty in hi§ wifdorn fhall feem meeti . i,i • ii -A debate arifing, and the qaeftion being put^ it paffed in the affirmative yeas 19, noes 3. , Ordered, That Mr. Long, Mr..Bourke, Mr. Price, Mr. Dowell, and Mr,-Edwafd^ be a, committee to prepare and bring in the fame. Ordered, Th^t the ift, 2d, 3d" and 4th qf thejabove refolutions be printed in the public iie'ws papers. N.B. Early next morning the houfe wi-is pro rogued by proclamation and fome time after diffolved . A Copy ofthe fpeaker's warrant, by which Mr. Pierce Cook;e was taken into the cuftody of the meffenger ofthe aflemblyi an(i alfo a copy of the decree of his excellency the Ghancellpr, by ?tyhich he^ was releafed, and difchargedVfirpm the cuftody ofthe meffenger, Jamaica, ff. Mercurii, 19th die Dee. ^7 64. /" Whereas Mr. Pierce Cook-e wa§ in euf- tody the laft feffion of affembly /tfr a breach of tl)e privileges of the hpufe.in affifting Richard Thomas Wilfon in executing a writ-of verf^ ditioni ejqionas on the cpaeh horfes of John OLypHANT, Efq; a meimberofthe houfe.' Thefe are therefore to will a^nd require yOB tp take into ypur cuftody the body of PieR'&je '^ooKE, and him fafely keep until he fhall be ^dilcharged.-!^/ order ofthe%oufe, and for your Ife doing ihis. fhall be your warrant. -Given under r^iy hand and fea,l the day and year above written. Charles Price,' Junior, Speaker. O To Edward B^oit:, ,,£&];,, , . , . , .^^ . ' Meffengerofrfie Affembly. ( xxviii ) At a high court of charicery held at the town of St. Jago de la Vega, on Friday , the 2 ift day of December, 1765. Rex Cooke The body of Pierce CoPke, Gentleman, being this day brought into court, before His excellency the chancellor, by Edward Bolt, Efq; purfuant to the order of this honourable court hiade yefterday, upon the return of the ^rit of habeas corpus, iffued under the feal of this court, tefted the 20th day of Dpcem- ber inftant, diredled to the faid Edward Bolt returnable before his excellency' the chan cellor immediate ; and upon hearing of what was alledged by council on behalf of the faid Pierce Cooke on the faid return his excellency the chancellor was pleafed to declare ; that i,t did not appear to him fro7n ihe wordi of any adl of parliament or cf any adl of thf gqve,rnor, council and affembly of this ifland, or of his. ma^ jefiy's commiffions or INSTRUCTIpNS to his excellency as governor of this ifland, or by any other means whatfoever. That the commit ment of the faijd Pierce Cooke into the cuftbdy of the faid Edward Bolt IS LEGAL; And his excellency the chancellor was therefore pleafed tcf'or.der, adjftd^e and decree, and it is hereby ordered, ac judged and decreed, , that the fa^idl^'^iERCE Cooke BE, BY THE AUTHORITY" OF THIS COURT, re- leafed and difcharged froni the cilfiody of the ffid Edward Bolt. J Vera copia extur Geo. Ramfay Reg. Cur. Can. 3 9002 00487 7628 iKi \ J iH -,'A '.'•l, 'Jin ''i/:Mju« 'IN ' ¦•?' ;Rt'' M vmm^?'