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VIRGINIA AND THE REVOLUTION
TWO PAMPHLETS 1774

Heartznan's Historical Series Namber 32

CONSIDERATIONS ON THE
PRESENTSTATE O F
" I R G I N I .

Printed ia the Year M,tXX,tXXIV.

CONSIDERATIONS ON THE
PRESENT STATE OF
VIRGINIA
ATTRIBUTED TO JOHN RANDOLPH
ATTORNEY GENERAL
and
CONSIDERATIONS ON THE
PRESENT STATE OF
VIRGINIA EXAMINED
BY ROBERT CARTER NICHOLAS

Edited by Earl Gregg Swem
Assistant Librarian, Virginia State Library

sixty-three copies printed for
CHARLES F. HBARTMAN, In New York CltT
1919

Number  of 63 copies printed on
Nippon Vellum.
Also seven copies printed on Japan Vellum,
and eleven copies printed for Mr. Earl Gregg
Swem.

ACKNOWLEDGMENT
Grateful acknowledgment is due
to the ofScials of the Library of Con
gress and of the New York Public
Library for their assistance in the
reprinting of these two pamphlets.
Mr. W. G. Stanard, of the Virginia
Historical Society, has helped in
verifying the date of birth of Nich
olas.

PREFACE
The two pamphlets reprinted in this volume were
issued anonymously in 1774. On the title page of the
first there has been written by a contemporary hand
"By John Randolph esq. his majes. attorney genl. of
that colony & brother to the speaker of the ho. of assem
bly who is chairman at the general congress held at
Philadelphia." The only copy I have been able to find
is in the New York Public Library. There is nothing
in the pamphlet that discloses the author to a certainty.
There is strong presumptive evidence, however, that
John Randolph was the writer; for he is referred to by
Nicholas in the second pamphlet as being one who was
in attendance at one or more courts of the colony,^ and
again^ as a member of the House of Burgesses who was
present when the bill appointing a day for a fast was
adopted. John Randolph was born in 1727,' the son of Sir John
Randolph. He was trained for the law, and became one
of the leading lawyers of the colony, in 1766 succeeding
his brother, Peyton Randolph, as attorney-general, a
position which he retained until he left Virginia in
1775. It was permissible under the colonial govern
ment for an official to be also a member of the House
of Burgesses. In the session of May, 1774, and again
in June, 1775, he was a member of that body, repre
senting the College of William and Mary. On leaving
the colony, he took with him his wife and daughters
Ariana and Susannah. The family spent some time in
the Scotch house of Lord Dunmore, and it was there
that his daughter Ariana was married to James Wor-
meley.* His home afterwards was at Brompton, and
there he lived in absolute poverty,^ the English govern
ment having granted him a pension of one hundred

pounds. He died January 31, 1784.* His dying wish
was that his body should be taken back to his native
land for burial. When Mr. and Mrs. Wormeley re
turned to Virginia in 1785 they brought his body with
them, and interred it in the chapel of William and Mary
College by the side of his father and brother.' The only
son of John Randolph was Edmund Randolph, an ardent
patriot, whose career in the Revolution, and in later
years, is well known; he refused to leave Virginia in
1775 with his parents and sisters. Though so divergent
in their political opinions, John Randolph and Thomas
Jefferson were close friends. With a fine courtesy, and
in loyal friendship, Jefferson wrote to Randolph on
August 25, 1775, and November 29, 1775. In his flrst
letter he expresses the wish that Randolph may con
tribute towards a reconciliation with Great Britain.*
In this pamphlet Randolph makes a dignified plea for
patience, and for further overtures to the English gov
ernment. As in other loyalist literature of the time, it
is acknowledged that the British authorities have made
mistakes. The writer believes, however, that a sane
attitude on the part of the colonists will accomplish the
needed change for the better. He is not blind to the
possibility of separation. His intimation that he is in
a hopeless minority supports what has been the pre
vailing view as to the attitude of the professional and
political class in Virginia toward the Revolution. Of
prominent men, of conspicuous office-holders, Randolph
was almost alone in his attachment to the crown. The
loyalists in Virginia were mainly recruited from the
Scotch merchants or their representatives,* from a few
wealthy planter families affiliated with the council, and
from fishermen and small farmers along Chesapeake
Bay and the rivers. There were a few of the disaffected
10

in all classes and conditions.^" Some of the clergy of
the Anglican establishment were hostile, but the great
majority were loyal.^*
The leaders of the loyalists in Virginia were the
"reactionaries" of that day ; they stood for the old order,
without qnaliflcation. As to their character, opinion
has changed with the passing of the years. When the
revolution was in full swing, they were considered
despicable, were roundly hated, and were persecuted.
Eighty and one hundred years afterwards they were
seen to have been men, in most cases, of fine character.^^
In very recent times the tendency, in some quarters,
seems to be to go to the extreme of praising them and
accepting their arguments without reseiTation.^'
The second pamphlet : "Considerations on the Present
State of Virginia Examined" has on the title page in
the handwriting of Thomas Jefferson "By Robert Carter
Nicholas." This copy is in the Jefferson collection in
the Library of Congress. Further evidence that Nicho
las is the author may be found in Jefferson's "Notes on
Virginia."^* The pamphlet was issued in August, 1774,^^
and was probably from the press of Purdie and Dixon.
Robert Carter Nicholas, the author, was bom in Vir
ginia on January 28, 1728," the son of Dr. George
Nicholas. He had the advantage of the best education
the colony could provide at that time, attending William
and Mary College. He adopted the profession of law,
and soon became one of the leading attorneys in the
colony. He was a member of the House of Burgesses
from York in 1756-1761," from James City in 1766-
1775,^* and represented James City in all the revolu
tionary conventions. When, in 1766, the speakership
was separated from the treasurership, he was chosen
treasurer, and to this office he was re-appointed untU
11

1776. As it was not permissible under the new consti
tution to be treasurer, and remain a member of the
House of Burgesses, he chose to resign the treasurership,
but was asked to remain in office until the end of the
session of the assembly." When Mr. Nicholas became
treasurer in 1766, he fell heir to all the financial trou
bles which the former treasurer, John Robinson, had
brought upon the colony. The honesty of Mr. Nicholas
in his office seems never to have been qu^stioned.^" He
was a member of the committee of correspondence in
1773, and one of a select committee of three in Williams
burg, appointed to direct the correspondence.^^ Jeffer
son says of him : "Ovlt other patriots [Peyton] Ran
dolph, the Lees, Nicholas, Pendleton, stopped at the
half way house of John Dickinson, who admitted
that England had a right to regulate our com
merce, and to lay duties for such purposes, but
not for revenue."^V One of the best sketches that
we have of Nicholas is by H. B. Grigsby,^' who says that
he belonged to the moderate party, "the friends of Brit
ish rule when that rule did not impinge on the rights
and franchises of the colony."^* In 1765 he voted against
the resolutions of Henry.^^ When, in the convention of
March, 1775, the question of raising a force of men was
discussed, he proposed that a standing army of 10,000
men be raised at once, rather than attempt to organize
the militia as Henry proposed.^* Mr. Nicholas was
prominent in all the debates of the House of Burgesses,
and of the conventions, and was always placed on the
important committees. He drafted many of the im
portant ordinances of the conventions,^' and Mr. Grigsby
thinks that the Declaration of December 13 was from
his pen. The one characteristic which seemed to mark
him among his contemporaries was his deep piety, and
his devotion to the established church in the colony. He
12

contended with the Rev. Samuel Henley over religious
problems, the arguments of both being printed in the
Virginia Gazette. ^^ This love for the church never left
him. Jefferson outran all the patriots in efforts for
social reform, with Henry some distance and Pendleton
and Nicholas far behind. When Jefferson proposed the
act for exempting dissenters from contributions to the
established church, Pendleton and Nicholas were united
in persistent opposition." Nor was Nicholas in favor
of independence until every thing had been done to
avert it. John Page, of Rosewell, wrote to Richard
Henry Lee on April 12, 1776: "I think almost every
man except the treasurer is willing for independence."'"
The fact that men of a strong conservative tendency in
Virginia, of whom Nicholas was a good representative,
supported the revolutionary movement, leaves little
doubt of a general hatred of actual misgovernment and
an intense fear of threatened tyranny.
NOTES
1. See this volume, p. 64.
2. See this volume, p. 68.
3. Virginia magazine of history and biography, v. IS, p. 149.
4. Recollections of Ralph Randolph Wormeley, rear-admiral, R. N.
Written down by his three daughters. N. Y. 1879, p. 14.
5. M. D. Conway's Edmund Randolph, p. 21.
6. Virginia magazine of history and biography, v. 15, p. 149.
7. Ibid. p. 149.
8. Ford's Jefferson, v. 1, p. 482, 491.
9. H. J. Eckenrode. The revolution in Virginia, p. 119.
10. Ibid. p. 105.
11. Ibid. p. 106. See also R. S. Thomas, Lojralty of the Church of
England in Virginia to the Colony in 1776 and Their Conduct
1907. 22 p.
12. In the Richmond College Historical Papers, v. 1, no. 2, June 1916,
ed. by D. R. Anderson is a full discussion by John A. George of
Loyalism in Virginia.

13

13. I refer to the attempt in some publications, issued during the
recent war, to disparage the patriot party in the American
revolution.
14. Philadelphia ed., 1801, p. 349.
15. Advertised in the Virginia Gazette (Purdie & Dixons) Aug. 25,
1774.
16. Virginia magazine of history and biography, v. 10, p. 102.
17. Journals of the house of burgesses, 1752-1758, p. x; 1758-1761, p. viii.
18. Journals of the house of burgesses, 1766-1769, p. 3; 1770-1772,
p. 3; 1773-1776, p. 3.
19. Journal of house of delegates, Nov. 29, 1776.
20. Journal of house, Nov. 29, 1776.
21. Minutes of the committee of correspondence. In the Journals of
the house of burgesses, 1773-1776, p. 41.
22. H. S. Randall. Life of Thomas Jefferson, v. 1, p. 87.
23. The Virginia convention of 1776, p. 61-69. There is a short sketch
of Nicholas in the preface of 4 Call. Mr. Grigsby says Nicholas
died in 1780 "in or near his 65th year." "It is probable that I
have made Nicholas older than he was," p. 201. Mr. W. G.
Stanard, Secretary of the Virginia historical society, and editor
of the Virginia magazine of history and biography, believes that
the correct date of birth of Mr. Nicholas is Jan. 28, 1728.
24. Ibid. p. 62.
25. Ibid. p. 62.
26. Ibid. p. 64.
27. Ibid. p. 65.
28. For papers by Nicholas, see issues of Feb. 24, and Mar. 12, 1774.
29. Ford's Writings of JeflFerson, v. 1, p. 53.
30. K. M. Rowland. Life of George Mason, v. 1, p. 224.

14

CONSIDERATIONS ON THE
PRESENT STATE of VIRGINIA.
MY Addrefs is to the Publick. To that
Tribunal I apply, as a proper one, to
determine on the Rectitude of my
Sentiments. When I mention the Pub
lick, I mean to include only the ra
tional Part of it. The ignorant Vulgar
are as unfit to judge of the Modes, as they are unable
to manage the Reins, of Government. I muft beg Leave
to exclude also from my Judicature every Man who
poffeffes not a ferene Mind, and found Underftanding.
Cool Reafoning feldom influences the Clamorous, but
Men of Temper will always hearken to it. To fuch
Judges I appeal; and if what I fay be approved of, I
hope that thofe Gentlemen who agree with me in Opin
ion win have Refolution enough to avow their Concur
rence; but if otherwife, I am open to Conviction, and
wifh to be enlightened with better Thoughts.
The Author of this little Performance was bom, and
educated, in Virginia. He was nurtured in the mixed
Principles of Obedience and Freedom, as they ftand in
grafted in the Englifh Constitution. He has ever held
in Contempt the Applauf e of a giddy Multitude, but the
good Opinion of the Wife and Virtuous he has at all
Times endeavoured to cultivate. He is fully apprif ed
of the precarious Tenure of an Office, should he poffefs
one; and is fenfible of the Weight of popular Odium,
fhould it fall on him. Not folicitous about the former,

or difmayed with the Apprehenfions of the latter, he
has ventured to exhibit a few Remarks upon the prefent
State of this Colony. His Motives are commendable,
whatever his Work may be; and as he engages not to
be tedious (Brevity beft fuiting Men of Reflection) he
flatters himfelf that he is in no Danger of incurring the
Difpleafure of his Countrymen.
There never was a Country in a more diftreffed
Situation than Virginia feems to be, at this Juncture.
We have at our Backs, committing daily Maffacres, a
cruel, daring, and infidious Enemy; driving our an-
feriour Inhabitants in, like Sheep, to Slaughter. There
is no law in Exiftence fitfficient to enable the Com
mander in Chief to repel the Attacks of thefe favage
Invaders. For Want of a Fee Bill, our County Courts
are fhut up, the Magiftrates not thinking themfelves
authorifed to proceed to Bufinefs without fuch a Law.
Our Profpect of a plentiful Crop has been very much
abridged by an Event which was as uncommon as alarm
ing. Add to all thefe, we are engaged in a Difpute with
our Mother Country, which, if maintained on both
Sides with the Vehemence that feems to actuate each
at this Time, muft terminate moft certainly in the De-
ftruction of one, and perhaps of both the contending
Parties. It behoves every Man, therefore, in this calami
tous State of affairs, to lend his Affiftauce in Order to
fave his Country from that Ruin which feems impend
ing. He who, by the Wifdom of his Counf el, effects this
great and defirable End, will have his Memory grate
fully perpetuated in the Hearts of all his Countrymen.
But, let that Man who, by the Precipitation of his Con
duct, completes, or even accelerates, the Ruin of his
Country, remember the Account which he muft one Day
make. 16

I have frequently heard the Term Patriotifm men
tioned. I had the Vanity to fuppofe that I knew its
Import; but, if I am to judge from what I have feen
in thofe who are faid to poffefs it, I fear that I was very
much miftaken. I can by no Means denominate a Man
a Patriot hecaufe he enjoys the Acclamations of the
People. The Populace, from Freak, or Intereft, are
ever ready to elevate their Leader to the Pinnacle of
Fame; and Experience informs us, that they are as
ready to pull him down. And indeed, upon fome Occa-
fions, they feem to raife him to a Height that his Fall
may be the greater. The fluctuating State of Patriot
ifm muft be known to every One who has looked, in the
flightest Manner, into Events of this Kind. The Minion
is idolized to-day ; to-morrow he may be execrated. The
Stream of popular Favour is ftopped, upon the leaft
Defection in the Favourite's Conduct. Thofe who are
running the Race of Popularity, whilft they are the
greateft Sticklera for the Liberty of others, are them- \
felves the most abject Slaves in Politicks. They have !
no Opinion of their own, but are the Echo of the People. |
Propriety and Wifdom are often abandoned, in Order j
to purfue the WiUs of their noify Conftituents. I have '
ever been pleafed with the Obfervations of a great Man |
on the Subject of Popularity : He faid, "That the Ap- '
"plaufe beftowed by after Ages on good and virtuous
"Actions was what he had long been ftruggling for, but
"that that Mufhroom Popularity which was often ralfed
"without Merit, and loft without a Crime, was what he
"held in the utmoft Contempt; that he pitied thofe who
"had foregone that pleafing Advifer which every Man
"had in his own Breaft, and had given up their Minds
"to the Slavery of every popular Impulfe; that fuch
"Men miftake the Shouts of a Mob for the Trumpet of
17

"Fame." And he gave many Inftances of Men who,
"though they had been held up as fpotlefs Patriots, had,
"neverthelefs, in the Hiftorian's Page, when Truth
"triumphed over Delufion, been pronounced the Affaf-
"fins of Liberty."
True Patriotifm confifts not in a feparate Attach
ment to any particular Branch, but in the Prefervation
of the feveral Parts of Government in that Degree of
Strength and Vigour which the Conftitution intends
that each fhall enjoy. England, though called a Mon
archy, yet is a mixed Dominion, and partakes of many
different Species of Govemment. The King has a Pro
portion of Power lodged with him, for the Support of
his Royal Character. The Tendency of it is, to fecure
his Perfon from Infult, to allow him all the Pageantry
of Dignity, and to ftrengthen his Hand in the doing
Good, but by no Means to admit of his doing wrong.
To anfwer thefe Purpofes, the executive Power is placed
under his Direction.
The People have a Share of Power allowed by the
Conftitution to them alf o. As their Number is fo large
that they cannot individually be prefent in Legiflature,
they act by their Reprefentatives, who are elected by a
Majority of the Votes of the Freeholders qualified to
give their Suffrage. All the Power which the Electors
would have, were they prefent in Parliament, is dele
gated to their Subftitutes; but ftUl it is the Duty of
thefe Deputies to confider themfelves as Fiduciaries to
the People, and to confent to no Laws but fuch as are
likely to produce Advantage to the Community, to fe
cure the Perfons of their Conftituents from unreafon-
able Pains and Penalties, and to fix their Properties on
fuch permanent Ground that they cannot be wrefted
from them, or loft, but by fome Demerit on their Parts.
18

The Houfe of Lords form an intermediate State, be
tween the King and People. They, like the Statute of
Janus, look two different Ways : Forwards, to fee that
the King, in the Exercife of his Prerogative, does not '
infringe the Rights of the People; backwards, to ob- ;
ferve, on the other Hand, that the People do not exceed i
that Line which is the Boundary of their Privileges. |
There are, within every Govemment, many interiour '
Movements ; but, in England, the united Power of King,
Lords, and Commons, is the great Wheel by which all
the others are brought into Motion and Action. This
vaft political Body, with its Appendages, is like the
Earth; it muft be preserved in its due Poife, or elfe it
would quickly tumble into Ruin. The great Governour
of the Earth has taken Care that all its Decays fhall
be inftantly repaired, its Excrefcencies removed, and
its Imbecillities cherifhed. If the Rulers in Polity be
low would endeavour to imitate this unerring Pattern,
and preferve all the conftituent Parts of Govemment
entire, by ftriving againft thofe only which are redun
dant, and fof tering fuch as are below the Equilibrium ;
and, farther, would allow to the King what is his juft
Prerogative, and take from the People what does not .
belong to them ; would look minutely into thofe Depart
ments with which they are more intimately connected, ¦
and without Favour, Affection, or Prejudice, keep the i
Society moving on its proper Hinges; fuch a Man, and I
fuch only, I would call a Patriot, or Friend to his CJoun- [
try. And, when I call him by that Name, I think Ij
diftinguifh him by the moft exalted and honourable*
Appellation that can be beftowed on any human Being
whatfoever. The Conftitution of England and Virginia
refemble each other fo much, that what I have faid as
to the one will hold equally as to the other. The King's
Prerogative exifts here, in its fuUef t Luftre and Vigour,
19

The People, by their Reprefentatives, compofe a Branch
of the Legiflature ; and the Council, as a middle Power,
complete the whole Legiflative Body. Thefe integral
Parts, as well as the fubordinate Ones, as they fall into
Decay, demand the fame Attention and Reparations
which thofe of every Government require. And when
I fee a Gentleman, impartially attending to the Good of
the Whole, abandoning the little Arts of Popularity,
justifying publick Meafures when he thinks them right,
and renouncing the People when he thinks them wrong ;
when I hear him call the firft Connexions to an Ac
count and make no other Diftinctions between Men but
fuch as the Law has made, and to which their Virtues
entitle them; I fhall then admit that fuch a Man is a
Friend to his Country. But unlefs he makes thefe
Things the Bafis of his Conduct, I fhall confider him
as a defigning Man ; and, as to my own Part, will place
as little Confidence in him as if he were a profeffed
Enemy, or a fecret Affaffin.
The prefent Difpute between Great Britain and her
Colonies is certainly of a very interefting Nature, and
has been already carried too far; and yet I am per-
fuaded that it may be adjufted without Noife, and the
publick Tranquillity again reftored, if Gentlemen would
purfue thofe Meafures which are likely to effect what
is every Man's Wifh to obtain. The Parliament of Eng-
'land claims a fuperintending Power over the Colonies,
which Right they infift comprehends in it that of tax
ing the People of America, and regulating their Trade.
The firft the Americans deny ; but the f econd, I believe,
s recognized by the moft f anguine Opponents of Parlia
mentary Authority. In Exertion of the Right of Taxa
tion, the Parliament laid a Duty on Stamps and Tea.
From the Diffatisfaction occafioned by the Stamp Act,
20

and the Remonftrances made against it, a Repeal was
obtained, before it was carried into Execution. The
Duty on Tea remained, has been paid by the Importers
almost ever fince its Enaction, and all Uneafinefs on
that Head feems to have fubf ided for fome confiderable
Time paft. The End of both Parties is anfwered; the
Parliament's in afferting, the Americans in denying.
Why fhould not the Difpute reft at this Point? Frefh
Clamours need not be made until frefh Cauf es for fuch
are given. New Difturbances for an old Affront are
neither confiftent with the Dictates of Policy or Pru
dence. This Difpute is of fuch a Nature, and fo fixed,
that it cuts off every Idea of Conviction on both Sides.
The Parliament may enforce, but will never convince
the Americans of the Propriety of their Meafures. The
Americans may argue till Doomfday, but I am afraid
that they will find the Parliament deaf to their Rea
foning, and their Eloquence unavailing. The moft
ftubborn muft yield to fuperiour Force. The People
of England are brave, and powerful. Happy is it for
us that they are fo. Their Strength has been frequently
exerted in our Protection. Their Treafure has been for
a long Time devoted to our Ufe, and, untU that fatal
Attempt to tax the Colonies, her Deportment to us was
truly parental. Let us make every Effort, exert every
Nerve, in Order to terminate a Difpute which is big
with the Fate of both of us. Friendfhip fometimes
gathers new Force and Vigour after an Interruption
of its Intercourfe. The Hiftories of dependent States
put it beyond a Doubt that America, when fhe is able
to protect herfelf, wUl acknowledge no Superiority in
another. That fhe will be capable, fome Time or other,
to eftablifh an Independence, muft appear evident to
every One, who is acquainted with her prefent Situation
and growing Strength. But although it muft be apparent
21

to every One that America will, in a f hort Period, att£
to a State of Maturity, yet, if Great Britain could be'
prevailed on to govern her Colonies to their Satisfac
tion, from the Force of Habit, and the good Impreffions
which a pleafing Intercourfe muft occafion, I am per-
fuaded that fhe would procraftinate our Separation
from her, and carry on an exclufive Trade with us, fo
long as fhe is able to maintain her Weight in the politi
cal Scale of Europe; but, on the contrary, if fhe per-
feveres in her Rigour, and the Colonies will not relax
on their Part, the Parent will probably foon be with
out a Child, and the Offspring become unable to fupport
itfelf. So that the great and mighty Kingdom of Eng
land, which by its Valour and Commerce has raifed
itfelf to an uncommon Degree of Splendour amongft
the Potentates of the Earth, is to fall into Ruin; and
America, that once hopeful and promifing Soil, is to
become fubject to the WUl of fome defpotick Prince,
and be of lefs Importance than it was whilft in the
Hands of the Savages, the original rude, though war
like Poffeffors, of the weftem Part of our Globe.
/Population is the principal Thing required to give^
[ Profperity to America. It is a great Country, and
wants nothing to bring it to Perfection but NumberSj^
Will the Inhabitants of England, Ireland, or Scotland,
leave their native Country, and migrate into one which,
on their Entrance, inftead of a friendly and quiet Wel
come, will prefent to them a Scene of COnfufion and
Diforder? Will a valuable Stranger come into a Land
where he muft engage in a Quarrel, and immediately
enter into a State of Warfare? The Thing is too un-
reafonable to be imagined. If it be furmifed that our
Oppofition to Tyranny, as it is called, will invite Per
fons to forfake the Oppreffions of Europe and fettle
22

amongft us, as in a Land of Freedom, amongft the Sons
of Liberty, the Stranger probably will anfwer : "Ef tab-
"lish your Liberties firft, and then perhaps I may be-
"come one of your Number; but whUft you daily fub-
"ject yourfelves to the Anger of a fuperiour Power,
"who can wreak her Vengeance on you whenever fhe
"thinks proper, I fhall think it prudent not to wander
"from Home." A more pleafing and natural Connec- "
tion never fubfifted between any different Bodies of
Men than did tUl of late, and ought long to continue,/
between Great Britain and her Colonies. The AmeriT
cans are defcended from the Loins of Britons, and
therefore may, with Propriety, be called the ChUdren,
and England the Mother of them. We are not only
allied by Blood, but are ftUl farther united, by the ex-
tenfive Trade and Commerce carried on between us.
Our Manners are fimUar; our Religion, and Language,
the fame. There is no Diverfity between the Laws of
each Country, but fuch as local Circumftances have
occafioned. Whilft we remain tied together by one
friendly and common Band, we can preferve our Re
ligion and Property from Violation, and bid Defiance.
to all the hoftUe Powers on Earth ; but if this ligament
be burft afunder, our Strength will be weakened, and
our Security at an End. Defpotifm reigns almoft every
Where, but in the Britifh Dominions ; and although the
Warmth and Jealoufies which at this Time prevail may
incline fome to think that the Seeds of it are fown in
America, and, as is common to Ul Weeds, will vegetate
and quicken into Maturity, yet lenient Meafures and
moderate Expedients may reftore us to our former
Tranquillity, and the Conftitution of America, from
thence, be fixed upon fo permanent a Bafis that noth
ing but our internal Difputes will ever be able to fhake
23

r^it. I own that I feel, as an American, a Satisfaction
at the Idea of that Superintendence which Great Britain
~exercifes over us, and of which I have juft now fpoken.^
Individuals wUl quarrel with one another; and Nations
will difagree. No general Syftem of Pacification can
be eftablished to keep Mankind in continual Amity.
Should two neighbouring Colonies, Rivals in Trade, and
reciprocally jealous of each other's increafing Great-
nefs, engage in a Difpute; fhould they differ as to their
Provincial, Limits, and carry their Animofity fo far as
to proceed to Violence; what would be the Confequence,
if Great Britain had not a directive Power over both?
The Heat of the one, and Obf tinacy of the other, before
they could have Time for Reflection, might precipitate
them into Hoftilities, and end in the Debility, perhaps
the Deftruction, of both. The tranfmontane Inhabi
tants of the Colonies are in general a robuft hardy Set
of Men, ufed to Arms, and not very paffive in their
Tempers, or ready to brook Indignities which may be
offered to them. The refpective Governments to which
thefe Men belong might not be willing to check the
military Ardour of thofe who are the immediate Pro
tectors of their Frontiers, if the Mother Countiy had
not a controuling Power. War under fuch Circum
ftances muft enf ue, the dreadful Confequences of which
no Man can be at a Lofs to forefee; but whilft that Au
thority remains in Great Britain, we cheerfully appeal
to it, her Deeifions are acquiefced under, and a Train
of ill Confequences prevented, which had better be left
to the Imagination to conceive than expofed on Paper,
to the Horrour of thofe who read them. But it may be
asked, what are we to do at this critical Juncture? Are
we to fit in Silence when a Sifter Colony is environed
with Ships, and has Troops quartered in her Metropolis,
24

ready to oblige her to pay an offenfive Duty, and by that
Means eftablish a Precedent which may endanger the
Freedom of Pofterity? Let us firft take a Review of
this Matter, and then confider what ought to be adopted
under fuch Circumftances.
The People of Rhode Ifland having entered in a
tumultuous manner on Board the Gafpee, a Schooner
belonging to his Majefty, which was on her Station
there, and having bumed her, and very much maltreated
the Commander, the Govemment opened a Court of In
quiry, to difcover, if poffible, the Authors, at leaft the
Ringleaders, of this Outrage. They fixed on this Mode
of Proceeding as a Teft, from whence it might be known
whether this Infult was a general Act of the Province,
or proceeded from the Severity of a few turbulent In
dividuals only. It was concluded, that, if this Violence
was not approved of throughout the Province, the better
Clafs of People would exert themfelves in Order to
bring the Offenders to Juftice. No difcovery having
been made, the Court could proceed no farther; and,
though infulted in all tlie publick Papers on the Conti
nent, the Minif try were unwilling to proceed to Ex
tremities, but fat down fUently under the Affront,
laughed at by the Rhode Iflanders, and held in Derifion
by Foreigners.
The Eaft India Company, having a large Quantity of
Tea on their Hands, planned a Scheme for fending it
to America, and felling it to the Colonies much cheaper
than they could be fupplied with it from any other
Quarter. When the Tea arrived at Bofton, the Popu
lace entered the Ships with Force, wrefted it out of the
Hands of the Poffeffors, and threw it into the Sea.
Upon this the Parliament took the Matter into Con-
25

fideration, and paffed an Act for the Blockade of this
City untU Reparation fhall be made for the Injury the
Company hath f uf tained.
The Miniftry, with Refpect to the Importation of the
Tea, I am fully convinced, were no Ways concerned.
When the Difturbance happened on feizing it, the Ad
miral was defired to interfere; but he refufed, faying
that it was merely a mercantile Adventure, and he had
nothing to do with it. Had the Miniftry been Parties
in the Scheme, there is no Doubt but that the Admiral
would have been directed to attend to it; and had he
received fuch Inf tractions, there is as little Doubt but
that the Tea would have remained in Safety to this Day.
The Miniftry took this Matter up on two Principles.
They confidered, in the firft Place, that the Reafon
which induced the Boftonians to act in this unwarrant
able Manner was their miftaken Suppofition that this
Affair was an Act of Government, and that the Eaft
India Company was only the Tool of Power. This Idea
of the Boftonians they looked on as a very high Affront
to the Crown, and as fuch deferved the Animadverfion
of Parliament. Their fecond Reafon was, that without
the Intervention of legiflative Authority there muft be
a Failure of Juftice. The Eaft India Company, it is
true, might have brought their Actions againft the
Offenders; but how were they to find them out? The
Affair of the Gafpee afforded Proof enough that the
Names of the Rioters would remain an impenetrable
Secret. But if their Names had been known, what Rea
fon was there to expect on the Trial a difpaffionate
Judge, or a difinterefted Jury, when the Minds of the
People were fo generally impreffed with the Notion
that with the Tea were imported Shackles for themfelves
and their Pofterity? 26

This Matter, therefore, was laid before the Parlia
ment, as the only Refource; who, in Confequence of it,
thought proper to fend an Armament to Bofton, in Order
to oblige the People of that Place to make Retribution
for the Injury they had done, and to put a Check to that
growing Diforder which appeared to them to be Licen-
tioufnefs inftead of Freedom, and which muft endanger
the Peace of/ the Briiifh Empire in Americo^Aunlefs it V
was fmothered- in its Infancy. If the Parliament had '
formed a general Defign againft the whole Province,
they would have ftopped all Communication with it;
but as they leveUed their Refentment only at the Town
of Bofton, this ought to convince every One that they
have no Intention to injure any other Colony, unlefs
they commit the fame Outrage, and then it is probable
that the fame Caufe wUl produce the fame Effect. That
Part of the Act which relates to the Wharfs is, I muft
confefs, exceptionable; it is taking private Property
out of the Hands of the Poffeffors who may be innocent
Men, and perhaps have done nothing to forfeit their
Rights. But as the Defign of this Act was only puni
tory, when that End is anfwered, and Satisfaction made
to the Eaft India Company, I am perfuaded that the
Whole will be repealed. This is a true State of the Cafe,
and I have very good Reaf ons to fuppofe that thefe were
the Motives which induced the Parliament to proceed
in the Manner they have done.
That the Boftonians have acted unwarrantably can
not I think be denied, even by the moft zealous American
whatfoever. By our Magna Charta, the Palladium of
Britifh Liberty, even Aliens are protected in their Com
merce with us. Had a Frenchman, the avowed Enemy
of our Country, imported Tea into Bofton, he would
have met with no Molef tation ; but the Eaft India Com-
27

pany, who are Britifh Subjects, are denied this Privi
lege. Meffrs. Cary and Company, or any other Mer
chants or Perfons in England, may import any Quan
tity of Tea they think proper, and fell it at what Price
they pleafe; but the East India Company cannot do it,
though they would fell at Half the Price that any other
Merchant can afford to difpofe of it.
If a Commodity which is not approved of be brought
to Market, no One will purchafe it; the Owner muft
then carry it to fome other Place to difpofe of it. If
the Company's Tea had been treated in this Manner, it
muft have been carried back to England; and then the
Act of Parliament would have been needlefs, and our
Purpofe anfwered, without any Buftle or Difturbance
whatfoever. There is nothing fo likely to enforce the Act as Vio
lence. Reparation will ever be demanded, when an In
jury is received. In eftimating the Damages, there will
always be an Article in the Account relative to that
which is wifhed to be enforced; and if we are obliged
to pay the one, what wUl prevent our being forced to
dtfcharge the other?
The Means to be adopted in this Emergency appear,
to me moft obvious: We ought, in the firft Place, to
declare, in the moft publick Manner, that the Act of the
Boftomans in def troying the Property of the Eaft India
Company was illegal, and ought not to be countenanced.
This wUl evince our Uprightnefs, and ferve as an Ad
monition to that headftrong People never to go to the
fame Excefs again.
Then let us petition his Majefty, affure him of our
inviolable Attachment to his Perfon and Government,
and implore his Royal Interpofition in procuring a Re-
28

peal of thofe Acts which have excited fuch an Alarm
amongft us, and when abrogated will quiet the Minds
of his moft faithful Subjects in America. This, when
prepared in a Language fuited to the Ears of Princes,
and prefented in a Manner in which Kings are ufually
addreffed, it is more than probable wUl obtain a Re-
drefs of our Grievances, and Peace may by this Means
be univerfally reftored throughout America; but if we
lengthen the Difpute, and fuffer the Paffions to work
themfelves into a fixed Animofity, the Confequences, I
am afraid, will be fatal.
Our late Diffolution, though it was no Surprife to
the Members, yet aftonifhed many, when they were in
formed of the Occafion of it. Faffing, when obferved
and repeated in a proper Manner, may be very falutary
to the natural Body ; but how the political Body can be
benefited by changing the Hour of Dining, and making
the Repaft in the Evening, inftead of the Afternoon
(which was all that was required on the late Occafion,
except the Circumftance of attending publick Worfhip,
in which, inftead of a Form compofed for the Purpofe,
the ordinary Service of the Day was read) is what, I
confefs, cannot be accounted for by me. In instances of
great and national Offences, I have heard of general
Humiliations by Fafting and Prayer; in which Cafes,
as the Offenders manifefted their Contrition, and in
flicted a voluntary Punifhment on themfelves, God has
been fometimes pleafed, from his extenfive Mercy, to
fufpend his Vengeance* But the Idea that an Abftin-
ence of a few Hours, when we acknowledge no Guilt,
but confider ourfelves rather as Sufferers before, is
meritorious in the Sight of Heaven, is what will never
gain Admiffion into my Imagination. The Mortifica
tion of the Body, when intended as a Mark of Penitence,
29

is fomething; but when it is expected that the Lofs, or
rather the poftponing of a Dinner, will induce the Su
preme Being to prevent a hoftile Tnvafion, or the Hor-
rours of a civil War, I confefs, though I fpeak with
Deference to better Opinions, that it appears to me no
more than — Mockery,
If inftead of a fumptuous Supper at Night, which re
paired the Lofs of a Dinner in the Day, the Money ex
pended in the one, and faved by the other, had been
applied to feeding thofe who fometimes, from Neceffity,
are obliged to faft, fome Advantage would have refulted
from this pious Inftitution; but when nothing was
gained by the Faft but full Bellies at Night inftead of
the Day, though I commend the religious Ardour yet
I own that I cannot, without Flattery, applaud the Wif
dom of its Authors.
The People of Bofton, who are great Admirers of the
Externals of Religion, might be pleafed with a Cere
mony of this Kind on another Occafion; but when the
Affembly contrived fo precipitately to get diffolved, be
fore they had received any Advices from Bofton, as to
the Situation of the Place, or the DKpofition of the Peo
ple, they may be inclined to think that we mean to fob
them off with nothing but Fasting and Prayer, a very
flender Affiftauce to Men in their diftreffed Condition.
Let us now confider the Extent of the prefent Affo-
ciation, and the feveral Plans propofed to be laid before
the Meeting of the late Members appointed to be on the
flrft of Auguft next. It is agreed not to import any
Tea, or other Eafi India Commodity, except fome Par
ticulars, untU our prefent Difpute is at an End. If the
Scheme had extended no farther than the Importation
of the Tea, it might have been proper enough ; but it has
30

not ended here, we are not to ufe the Tea we have al
ready in our Houf es. This can never be thought reafon-
able. The Effect of Habit is fo great, in many People,
that even in trivial Matters, by Ufe, a Thing often be
comes an Effential. By Degrees, indeed, any Cuftom
may be conquered; but to ftop fuddenly, and drop the
Conf umption of a Commodity which a Perfon has been
long accuftomed to, is not only troublefome in the En
counter, but frequently dangerous to Health. Befides,
as the Govemment has received every Advantage it pro
pofed to itfelf by the Duty impofed, this particular
Reftraint muft be confidered rather as the Overflowing
of Zeal than founded on any folid Principle. But the
moft remarkable Part of this Affociation is that which
relates to Spices, &c. This Exception moft plainly
demonftrates that we confider thefe favoury Articles
as Xeceffaries in Life.
Suppofe the Parliament fhould enter into a counter
Affociation, and declare that we fhall not be fupplied
with thefe Commodities, unlefs we agree that our Im
portations fhall be general, what Benefit wUl accrue to
us from our Affociations? If it be faid that thefe Arti
cles may very eafUy be relinquifhed in the Caufe of
Liberty, give me Leave to afk why they were made an
Exception in the Affociation, and whether there is not
a fair Opening for Conjecture that our publick Coun-
cUs are influenced by our Palates.
It is propofed by fome, I under-ftand, to ftop all our
Exports, as well as our Imports. Thefe Confequences
wUl follow, if this be adopted: We fhall deny to the
Induftrious the Fruit of their Labour ; for what Benefit
wUl the Planter receive from a Crop, made by the Sweat
of his Brow, if he be deprived of the Liberty of fend-
31

ing it to a proper Market? How is his Family to be
fupported, but by the Profits of his Eftate?
This would be giving to ourfelves the very Wound
which we complain of having been received by our Sif
ter Colony. It is a Species of Refentment unknown
even to the moft vindictive. It is like blowing ourfelves
up in a Veffel, in Order to be delivered from the Cap
tivity of an Enemy. It would be the higheft Inj uf tice
"^to the Britifh Merchant, who has generoufly advanced
his Money to the People of our Country, to put it out
Vjof their Power to make a Remittance; in which, per
haps, the Merchant's Reputation, and the Welfare of
himfelf and Family, depend,
/^n fhort, it would fix an indelible Stain on the na-
[tional Character of our Country to do Injuftice to inno
cent Men, becaufe we conceive that we have been treated
in that Manner by others. If the Defign of this be to
diftrefs the labouring People of England, for Want of
Employment, and to force them into Violence, and make
them fight our Battles, I fhall pronounce this as ignoble
as any of the former Confiderations. Intereft may eaft
a Mif t before the Eyes of fome, but Men of liberal Senti
ments can never adopt fo unrighteous an Expedient.
This would be preffing Men into our Service againft
their Will, and may caufe the Effufion of much Blood
amongft our Fellow Subjects, which may foon be
wanted againft the natural Enemy of our Country. But
the Scheme, I am perfuaded, will fail in its Succefs ; for
Great Britain muft have too many refources in her
Power to fuftain fo heavy a Shock as is expected from
this Diminution of her Trade; if fhe has not, I am
afraid that her Independence as a State will be of very
fhort Duration. 32

The next Thing propofed to be done is to fhut up our
Courts of Juftice, and indeed that has in fome Meaf ure
been already carried into Execution. Every Union,
whether on a publick or private Nature, ought to be
founded on Honour and Integrity. To ftop the Avenues
of Juftice, and by that Means put it out of the Power
of an honeft Oeditor to recover his Demand, a Creditor
who may be ruined by fuch an Impediment thrown in his
Way, cannot be justified by the greateft Libertine in
Politicks, or the moft depraved in Morals, Jus fuum cui-
que tribu^re, is the Foundation of all our focial Duties.
The Man who violates this Rule in private forfeits the
character of Honouf, but when it is done by general
Consent it muft give fuch a Stab to the Vitals of So
ciety as all the Fafting and Praying, practifed by the
moft fuperftitious and enthufiaftick Race of Men, will
never be able to heal or efface. I obferve, in a late Af
fociation, that it is ftrongly recommended to the
Colonies not to export any Thing whatfoever, and to
ftop all our Imports, except Saltpetre. Should this
Meafure be generally adopted, I fhould be glad to be
informed from whence we are to procure Saltpetre, and
whether it can be conceived that the Merchants wUl
fend their Ships to f upply us with that Commodity only,
when we can make them no Returns in Payment, and
when we have fhut up our Courts, and by that Means
put it out of their Power to recover Debts already con
tracted with them? The beft Affociation will be to
unite in Virtue, I mean publick Virtue. This confifts
in a ftrict Obfervance of the Laws of our Country, and
a fteady Adherence to the Principles of our Conftitu
tion. Let us apply ourfelves quietly to the Cultivation
of our Soil, and Peace and Employment will encourage
others to migrate into our Country. Let us give the
33

freeft and moft generous Encouragement to Arts and
Manufactures, and when a valuable Artift comes
amongft us let us receive him as a cordial Friend. Let
us look up to our Mother Country for what we really
want, Protection; and, in Return, let us gratefully
aff if t her in her Dif treff es : By which Means we fhall
increafe in Riches and Strength, and the Mother Coun
try be happy in her Connexions with us. But if we
make a Point in thwarting one another, and avoiding
thofe Means which may tend to the mutual Advantage
of both, the Britifh Empire muft end, and with it fall the
Proteftant Church; which exceeds all others, in its
Purity and Doctrines, as much as the divine Author of
it furpaffes all other Teachers in Wifdom and Virtue.
If we take a View of former Affociations, we muft be
convinced that they are little to be depended on. They
were entered into, with Warmth, but in a fhort Time
became quite neglected. Diverfities of Opinion wUl for
ever arKe, on every Queftion. Unanimity is not to be
found amongft Mankind. Fear will have its Effect.
Intereft and Expectation muft operate ftrongly.
Though many would unite againft a real internal Tax,
yet thofe very Perfons would be filent in the Cafe of
one which they conceive to be of another Nature. There
are fome, and not a few, who think the Duty on Tea is
no internal Tax. The Parliament of England have a
Right to lay a Duty on their Commodities, as they think
proper. This Right is common to all Nations. It is
founded on this Principle: You may buy, or not, as
you pleafe; but if you do purchafe, it muft be on the
Sellers Terms. The Stamp Duty was laid on what was
in common Ufe amongft us, and could not be difpenfed
with. Ef tates muft, in the Courfe of Things, be aliened ;
Ships muft enter and clear, or elfe Commerce would
34

ceafe; and Actions muft be brought to fettle Rights,
and recover Debts. To lay a Tax on thefe Things is
truly internal, becaufe we are bound to pay, and can
not avoid it ; but a Duty on Tea is faid to be of another
Nature : We are not obliged to purchafe it, and there
fore have it in our Power to elude the Payment of the
Duty. Where is the Difference of paying it in England,
or in this Place, if it lies in our own Choice whether to
pay it or not; whether we pay it ourfelves, or whether
our Merchants in London pay it in our Behalf? It is
true, that it bears hard on the Americans to be inhibited
to deal any Where but in England, and then to lay a
Duty on thofe Things which we purchafe; but is not
this one of the Effects of Subordination? It can never
be conceived that Great Britain has protected and
cherifhed the Colonies only to rival herfelf, and to dif
pute her Authority. It was for her own Advantage
that fhe has lavifhed her Treafure, and exerted her
Strength, for us ; but f till our Intereft is f o interwoven
with hers, that we ought to look with Horrour on any
Attempt to caufe a Separation. Some Gentlemen con
ceive that the Duty on Tea, being to be paid in America,
is intended as a Precedent, in Order to fix an internal
Tax on us, as it were with our own Confent. This Opin
ion feems to have no other Foundation than Sufpicion,
The Parliament could never be fo near-fighted as not
to difcem the Abfurdity of attempting to eftablish this
as a Precedent of an internal Tax, when it bears not
the leaft Refemblance to one, as I have already fhown,
Befides, if a Precedent be what they wifh for, let Gen
tlemen look into the Lift of our Duties, and fee whether
there has been any Want of Examples, of that Sort,
for fome Time paft. It is ridiculous to mention a Prece
dent, for fo long as the Parliament are able to enforce
35

Duties fo long will they lay them when they think it
expedient; and when America has it in her Power to
refufe the Payment of them, fhe will do it without
Hefitation, whether there be a Precedent or not. Pos
terity never think themfelves bound by any Thing their
Anceftors do, to their Prejudice; but when their Con
duct has met with our Approbation, I obferve that we
then revere their Wifdom, and fanctify their Actions.
When we take Care of the Conftitution, and guard it
from all inteftine Injury on our Parts, its Perfections
will add Strength to it, and fecure it from Violation;
but if we complain when the Generality of Mankind,
and particularly the People of England, on whom we
fo much rely, think that our Murmurs have no real
Foundation, we fhall increafe the Number of our Op
ponents, and weaken our Interefts.
Our publick Happinefs greatly depends on the Peo
ple. Could they be induced to elect as their Repre
fentatives Gentlemen of AbUity and Fortune, our Coun
cils would have Weight, and our Caufe be defended;
but whilft they dif regard thefe Circumftances (which,
it muft be allowed, they fometimes do) and choofe
Members who cannot weigh Events in the Scales of
Policy and Juftice, but are led into Opinions as their
Interefts and Fancy direct them, Men who can be no
great Lofers in the general Wreck of the Conftitution
and Confufion of the Laws, our Affemblies, and, add
to them, our Refolutions, Affociations, dc, wUl have no
Vigour or influence amongft thofe whofe Duty it is to
obey them.
I have little more to fay. I have f poken pretty much
in Generals; but, if called upon, can defcend to Par
ticulars. I hope that the Want of Affection to my Coun-
36

try will not be imputed to me, hecaufe my Aim is to
recommend Moderation. My Wifh is, that America may
be reftored to the fame Situation in which it was when
his prefent Majefty afcended the Imperial Throne of
his Royal Anceftors. Then our Ways were Ways of
Pleafantnefs, and all our Paths were Peace. But if
the TranquUlity we then enjoyed can be no longer pre-
ferved, but the political Misfortune which now threatens
muft inevitably fall on us, I am refolved, if Caution
can effect it, to avoid the Cenfure of Pofterity, as far
as lies in my Power. From the Severity of fome Mens
Tempers, in putting the moft unfavourable Conftruc-
tion on their Neighbours Actions, and the Difingenuity
of others, in judging fometimes without Facts, and at
other Times on Facts grounded on their Testimony
only, I forefee an Impoffibility of avoiding Reprehen-
fion in the Clime in which we live; but I fhall be
guarded againft it whenever it falls to my Share, by
fecuring to myfelf a Heart which fhall never be able
to reproach me. This Confolation I propofe carrying
much farther than a political Controverfy. I intend
that it fhall be ufeful to me, at a Day when the Actions
of all Men will be fully difcovered, and their Integrity
known, ftripped of the Arts of Diffimulation, which
fome Men are wicked enough to practife, and others
too weak to fee through, though Men of Senfe can eafUy
diftinguifh between Deception and Reality. I mean
not to offend any Gentleman. I have a great Refpect
for thofe who, I can foretel, without the Spirit of
Prophecy, will differ with me in Opinion with Refpect
to the Doctrine which I have here advanced. I wifh as
well to my Country, and will go at any Time as great
Lengths to ferve it, as they can be difpofed to do. I
depart from them only where I think them too vehe-
37

ment, and blinded in the Purfuit of a Thing which,
when obtained, is not, I think, worth poffeffing. I
admit, that every Man has a Right to oppof e the Means
of Injuftice; the Law of Nature allows it, the Law of
Society demands it, and it is the Birthright of every
Englifhman to do it. But what I contend for is, that
when we make our Complaints we ought to do it in a
Manner moft likely to obtain Succefs. The Mode of
Application for Redrefs is the Subject on which we dif
fer. Liberty is our Prayer: God grant that we may
obtain it.
In the meantime, I hope I fhall enjoy my private
Freedom, which is to think for myfelf, and, at this
critical Time, to offer my Sentiments with Regard to the
Welfare of this Country, to which I profefs myfelf a
devoted Servant.

88

CONSI DERATION S

ON THE

PRESENT STATE

o P

VIRGINIA
EXAMINED.

Printed in the Year M.DCC,LXXIV,

"CONSIDERATIONS
"On the present STATE of VIRGINIA"
EXAMINED.
THAT the Author of this little Performance
was born in Virginia, I fhall not queftion,
fince he has been pleafed to tell us the
Fact was really fo. It feems equally im
material whether the Principles, in which
he was nurtured, were of a mixed or
fimple Nature, as it muft be obvious that one Kind of
thofe Principles folely predominates at prefent and has
given his Mind a ftrange and unaccountable Bias. The
perfect Enjoyment of his private Freedom in thinking
for himfelf, and offering his Sentiments to this Coun
try upon every Occafion, I wifh not to interrupt; but
he muft excufe me, if I fhould differ with him in Opin
ion, as to his being f o devoted a Servant to the Welfare
of this Community, as he profeffes himfelf. Whether
the Serenity of my Mind or the Soundness of my Un
derftanding will juftify me in offering myfelf a Candi
date for a Seat in his exclufive Judicature, I will not
determine; all I fhall engage for is, that I will not be
clamorous. The prefent diftreffed Situation of Vir-j
ginia is what all good Men muft heartily lament; buti
I hope he does not mean to infinuate that we have wan
tonly drawn any of thefe Misfortunes on ourfelves. He
fhould recollect his Latin Adage, "Jus fuum cuique
trihuere," that "Foundation of focial Duties," to which,
without Doubt, he hath religioufly conformed in every
Inftance. Popular Odium, the Weight of which he is

fo very fenfible of, it is far from my Intention to excite
againft him; but I am more ftrongly impelled to dif
pute his great Indifference about an Of&ce, "fhould he
poffefs one," fo very precarious in its Tenure. My fole
View is to put my Countrymen a little more on their
Guard, and to remove, if I can, thofe unfavourable Im
preffions, he has laboured to make on the Minds of
others. If fome Men have unwarrantably and unjuftly, In
the Author's Opinion, affumed to themfelves that "moft
exalted and honourable Appellation" of a Patriot, per
haps there may be found, in the World, other Charac
ters equally exceptionable. I do not wifh to limit his
Ardour and the Overflowings of his Zeal for the Good
of his Country; but would gladly be informed to what
Purpofe, on the prefent Occafion, the Public is enter
tained with fo many trite Obfervations on the Nature
of the Britifh Conftitution ; I pref ume to give them this
Name, becaufe they have been fo repeatedly rung in
our Ears, that the mereft Sciolift, the verieft Smatterer
in Politicks muft long fince have had them all by Rote.
It is devoutly to be wifhed that the Conftitution of this
Country were affimUated in every effential Point to
that of Great Britain; I mean fo long as this can be
maintained upon its juft, original Principles. Our Con
ftitution, however, fuch as it is, hath f uffered no inter
nal Violation, that I know of. Infringements of this
Sort feem peculiar to another Meridian; had they
gained Ground amongft us, perhaps we might not have
been left entirely without an Apology, confidering the
Force of Example, and this held out by thofe, who
affect to be fo much our Superiors. If the uncontroul-
able and unlimited Power claimed by Parliament over
the Colonies is difputed on legal and conjtitutional
40

Principles, this furely is exceedingly wide of what the
Author would infinuate. That the Prerogative of the
King, "exifts here in its fuUeft Luftre and Vigour,"
and that it ever ought to do fo, is what we chearfully
acknowledge and earneftly contend for; but the plain
Inference which the Author would have drawn from his
Obfervations, if he intends any Thing material, is that,
by difputing the Power of Parliament, we draw into
'Queftion the Prerogative of our moft gracious Sov-
v^ ereign; than which, nothing can be more contrary to the
(.Sentiments and WiChes of all America.
It feems that every One, who doth not adopt the
Author's Principles, is to be confidered as a defigning
Man and muft no longer expect to be honoured with
any Share of his Confidence. Hard and cruel Fate! but
we muft endeavour to bear up under it, as well as we
can. /^hat the unhappy Difpute, now fubfifting between
Great Britain and the Colonies, is of a very interefting
^ature muft be acknowledged by every Well-wifher to
either Country. Viewing it in its extenfive dangerous
I Confequences, I believe few have been more affected by
/the gloomy Profpect than myfelf; it hath even harrowed
Lup my very Soul. The Reflection, that we live in a State
of Difcord with our Fellow Subjects, whom we form
erly confidered and ftill wifh to efteem as our deareft
Friends; and, above all, the Horrors, which every
American muft feel from an Apprehenfion that the
Mind of his gracious Sovereign may have been im
preffed with Ideas of a Dif refpect and Want of Loyalty
in his Subjects, muft be extremely aflicting. I will
venture to exprefs it as my firm and ftedfaf t Belief that
there can be found in no Part of his Majefty's Domin-
41

ions a warmer and more cordial Attachment to his
f acred Perfon and Government, than prevails through-
1 out the Continent of America; for myfelf I will fpeak
' with ftill greater Confidence and fay that, had I a Win
dow in my Breaft, and his Majefty could deign to look
into it, he would there fee a Heart glowing with the
pureft Sentiments of Duty and Affection. Oppreffed,
'however, as we are by fo weighty a Burthen, we never-
jthelefs ought not, we cannot lofe Sight of what is due
tp our Country, ourfelves, and our Pofterity.
The Author tells us of his Perfuafion that the Dif
pute may be "adjufted without Noife; and the public
"TranquUlity again reftored, if Gentlemen would pur-
"fue thofe Meafures, which are likely to effect what
"is every Man's Wifh to obtain." Let him propofe thofe
Meafures; fo far from being noify, I will become all
Attention, and catch, with Avidity, the delightful Ac
cents, as they drop from his mellifluous Tongue. If
"the Wifdom of his Counfels fhould be able to effect
"this defirable End, his Memory fhall be gratefully per-
"petuated in the Hearts of all his Countrymen," and,
to the whole Continent of America, he fhall become the
Great Apollo. What he may have, in Referve to be
offered, when he inclines to "defcend to Particulars,"
I wUl not pref ume to anticipate. I muft for the prefent,
take Leave to examine, a little, thofe "obvious Means,"
he has been pleafed to recommend.
"We ought, it is faid, in the flrft Place, to declare, in
"the moft public Manner, that the Act of the Boftonians
"in deftroying the Property of the Eaft India Company
"was illegal and ought not to be countenanced. This
"will evince our Uprightnefs and ferve as an Admoni-
"tion to thofe headftrong People never to go to the fame
42

"Lengths again. Then let us petition his Majefty;
"affure him of our inviolable Attachment to his Perfon
"and Government and implore his Royal Interpofition
"in procuring a Repeal of thofe Acts, which have ex-
"cited fuch an Alarm amongft us; and, when abrogated,
"will quiet the Minds of his moft faithful Subjects in
"America." I never have, nor will I ever attempt to
juftify the Boftonians or any others in Acts of Violence
or Intemperance; nor can I pref ume to join, in a pub
lic Condemnation of them, without being convinced of
their Guilt. In fhort, I cannot form a proper Judg
ment without being fully poffeffed of their Caufe and
a thorough Knowledge of the Motives of their Conduct.
Wantonly and unjufily to deftroy the Property of an
other, I hold in utter Abhorrence; but I can eafily fup
pofe an Act of Oppreffion, which will juftify a Sufferer
in the Execution of every Means neceffary for his Se
curity. Whether the Boftonians were reduced to fuch
an Extremity I will not determine. Juftifying or con
demning them are very diftinct Confiderations from
the Opinion we form of the Proceedings of Parliament.
Each of thefe will be more diftinctly and properly re
marked upon, when I come to take a View of other
Parts of the Work. I fhould be glad, however, in the
mean Time, to know who are particularly meant by the
Boftonians. If, when we are invited to a general Pro-
fcription of thofe unhappy People, it is intended that
we fhould condemn them in a Lump, the Innocent with
the Guilty, the Author furely muft give up every Pre
tence of thofe Principles of Juftice, he would fain have
ua believe him fo much in Love with. If, on the other
Hand, he means that we fhould condemn the Guilty
only, why were they not difcrimiaated? This perhaps
would not have laid a proper Groundwork for the Peti-
43

tion recommended, as it would neceffarUy imply a Cen
fure of Parliament, whofe new Mode of Punifhment ex
tends, not only to all the Inhabitants of the Town of
Bofton, but probably involves, either mediately or im
mediately, moft of the Inhabitants of the whole Prov
ince; fuch a Petition, therefore, could hardly be con
ceived in agreeable Language. I wifh, upon fuch Occa-
fions, as this efpecially, that Gentlemen would avoid con
necting the Name of his Majefty with that of any of
his Subjects, however dignified or diftinguifhed. We
have a Maxim in our Law, which hath long fince be
come proverbial, that the King can do no Wrong. It
is not to be fuppofed that his Ma.testy can himself
attend to and direct all the arduous Affairs of his ex
tended Dominions. The Conftitution hath therefore
affifted him with a Miniftry, who become the oftenfible
Men, and are accountable, for any Wrong or Injury,
that may fall on the Subject through their Counfel and
Advice. As to petitioning our moft gracious Sovereign,
I fhould prefer a Step of this Sort, previous to all
others. America, I am prefuaded, would proftrate
herfelf at the Foot of his Throne and not think of any
other Means, till this was tried; I would join in the
moft refpectful Applications to both Houfes of Parlia
ment for the Redrefs of our Grievances; but, alas! of
what AvaU would thefe Things be? Have they not been
repeatedly attempted without the defired effect, as well
by this, as the other Colonies? I would recommend to
the Author's Perufal and moft ferious Reflection the
feveral difregarded Petitions preferred against the
Bofton Port BiU, and fhould be glad to know how it
could have happened, that fuch dutiful and refpectful
Applications, and fuch Cogency of Reafoning were
withftood and furmounted, if Meafures of the fame Sort
are now likely to fucceed. 44

In Exertion of what the Parliament claims as a Right
of Taxation, we are reminded of the Duty impofed
upon Stamps and Tea; by which the Author would have
his Readers fuppofe that thefe two Duties were laid by
the fame Act of Parliament. This may ferve his Pur
pofe, in the Contraft afterwards drawn to prove that
the Duty on Tea ought to be confidered merely as a
Regulation of Trade; but I beg Leave to inform him
that this Tea Duty was the Offspring of another Act,
which impofed the Duties on Glafs, Paper, &c. And
that this Act compared with another of the fame Sef-
fion clearly evinces that it was not intended as a com
mercial Regulation, but originally defigned as one
Article of the American Revenue, and afterwards re
tained merely as a Precedent. The Stamp Act he fays
was repealed; very true; and America expreffed her
Thanks for it, hoping that Concord and Harmony would
be reftored and flrmly eftablished. We are told, in the
next Place, that, "though the Duty on Tea remained,
*'yet all Uneafinefs, on that Head, feemed to have fub-
"fided for a confiderable Time paft; that the End of
"both Parties was anfwered ; the Parliament's in affert-
"ing, and America's in denying ;" and why, "it is af ked,
"fhould not the Difpute reft at this Point? Frefh
"Clamours need not be made, until frefh Caufes for
"fuch are given; new Difturbances for an old Affront
"are neither confiftent with the Dictates of Policy or
"Prudence ;" all this is granted ; but I flnd we fhall dif
fer, as to the recent Caufes of Complaint, which have
been unjuftly given to the Americans. Had the Duty
on Tea continued, where it was left a few Years fince,
we fhould have troubled ourfelves very little about it;
but, if arbitrary Steps have been taken to force this Tea
on the Colonifts and compel them to pay the odious
45

Duty, the Cafe becomes quite altered. Let us examine
this Part of the Subject a little more minutely.
That a regular Syftem hath been formed to fubjugate
America by eftablishing that civil Lift in the Colonies,
which was planned and fo earneftly recommended by a
certain Governour, muft be evident to every attentive
Obferver of the Proceedings of Parliament for a Series
of Years paft. I will refer the Reader no farther back
than the 4th Year of his prefent Majefty's Reign, when
the Act paffed impofing a Duty of £.7 per Ton on
Madeira Wine and other Duties on different Articles.
Thefe were acquiefced in, as they carried with them a
fpecious Appearance of Advantage to the Colonies and
bore the Semblance of Regulations of Commerce. The
Way being fo far paved, the Minif ter then feized what
was judged a convenient Opportunity to impofe his
Stamp Duties; the Americans were juftly alarmed,
plainly feeing through the Whole Defign. Upon a fea-
fonable and fpirited Oppofition, the Stamp Act was re
pealed, but not without a Declaration of the Supremacy
or rather Omnipotence of Parliament; this gave the
Colonifts very little Concern; a Declaration nearly of
the fame Sort, though not fo extenfive, had been made
many Years before ref pecting Ireland; this declaratory
Act might have remained, with the other as a dead Let
ter, unregarded, had there been no future Attempts to
revive it. The favourite Scheme of an American CivU
Lift feems to have been kept in full View, and the fuc-
ceeding Minifter, flnding that the former Attacks on
the Rights of the Colonies had been made too openly,
thought it moft prudent to fhift the Ground and en
deavour to effect the fame Purpofe by political Fineffe.
His Manoeuvres were then difplayed in another Act
impofing Duties on Glafs, Paper, Painter's Colours and
46

Tea. This, at flrft, had the Appearance of a commer
cial Regulation; but the latent Defign was foon de
tected and fully expofed. The Oppofition made to the
Meafure produced a very intimidating Addrefs of both
Houfes of Parliament to the King, by which his Maj
efty was defired to have Profecutions fet on Foot
against fuch, as were deemed principal Actors, upon a
ftale Statute of King Henry the Sth; the neceffary
Confequence would have been, that thofe, whom the
Govemor thought proper, were to have been feized and
tranf ported to England, there to be tried for their fup
pofed Offences, contrary to every Principle of Law and -
Juftice. The Confiftency of this Addrefs with thofe
Arguments urged by the ableft Advocates for Parlia
mentary Power to prove that the Colonies are fo far
a Part of the Empire of Great Britain, as to be fubject
to every Law of Parliament, is left to them and our^
Author to be reconcUed. How could the Colonies avoid
being alarmed at a Proceeding big with the moft dan
gerous Confequences and utterly fubverfive of every
Thing dear and valuable to them? Thefe arbitrary
Strides of Power were protefted againft by our Houfe
of Burgeffes in their Seffion of 1769, and the Refolu
tions, they were driven into, brought on the Diffolution
of the Affembly. The Colony being reduced to fo dif-
agreeable a Situation, the firft Affociation, which the
Author affects to ridicule as a nugatory, infignificant
Act, was entered into; and, though not fo univerfally
adopted nor fo fcmpuloufly adhered to, as it ought to
have been, yet I am perfuaded that it was the principal
efiicient Caufe of a fubfequent Act of Parliament in
the fucceeding Year, by which the Duties on all thofe
Articles of Britifh Manufacture, which included moft
that the Colonies had Occafion for, were repealed; the
47

Duty on Tea, however, was ftUl continued; for what
Purpofe will be prefently inquired. This repealing Act
being attended with fome particular Circumftances,
not very friendly to America, the Affociation, upon
being revifed, was continued with fome Alterations al
lowing Importers a greater Latitude. The Parliament
not having revived their difagreeable Meafures, but
shewn fome Difpofition by this Act to relieve America,
at leaft, from a Part of her Grievances, many Perfons
became indifferent, as to the Affociation, and, at a
general Meeting of the Affociates, the Whole was dif
folved except as to the Article of Tea, and others under
the fame Circumftances, which they continued to pro-
teft againft. That this was too little regarded by many
muft be acknowledged: The Duty, merely as to the
Quantum of it, might have been thought too inconfid-
erable to deprive them of what the Author fuppofes
Cuftom had made almoft a Neceffary of Life; fome Men
ftill faw its evil political Tendency and therefore ab-
ftained from importing or buying it, though many
others did not, and, I believe, they now fincerely repent
that all had not held it in equal Abhorrence. That this
Duty on Tea was originally impofed for the fole Pur
pofe of raifing a Revenue in America, and not as a com
mercial Regulation; and that it was afterwards re
tained, as a Precedent, I think, muft be evident to every
One, who confiders the feveral Acts of Parliament re
lating to the Subject. The Act itfelf, which impofed
this Duty, declares it to be for the Purpofe of a Revenue.
We all know that Tea paid a confiderable Duty in Eng
land; the Eaft India Company found great Difficulties
in difpofing of their Tea loaded with that Duty. The
Parliament, in the very fame Seffion, that the American
Duty was impofed, paffed another Act allowing a Draw-
48

back of the whole Duties payable in England on all Tea,
which fhould be exported to America in the original
Packages, upon the Company's agreeing to make good
any Lofs the Revenue might fuftain by thefe debentures.
This Act was tb continue to the 5th of July 1772. In
the Seffion of the fame Year, 1772, another act paffed, to
continue for five Years, allowing a Drawback of three
Fifths of the Duty on all Tea, which fhould be pur-
chafed of the Company and exported to America. We
know that, by former Statutes, the Company were
obliged to fell all their Commodities, Tea amongft the
reft, at public Auction, by Inch of Candle, to the higheft
Bidders ; and were not allowed to export any Thing on
their own Account. In 1773, when it is probable the
Plan was concerted for fhipping the enormous Quanti
ties of Tea, which have occafioned our Difturbances, to
America, another Act paffed authorifing the Com
pany, under a Licence from the Commiffioners of the
Treafury, to export any Quantity of Tea to America,
without being obliged to expofe it at public Auction ; and
upon fuch Exportation, the whole Englifh Duty was
to be drawn back inftead of the three Fifths allowed
by the Act of the former Seffion. The Queftion I would
afk is this; if either a commercial Regulation or the
general Revenue, and not the eftablifhing a Precedent
againft America, had been the Object of Parliament, why
might not fo much, at leaft, of the old Duty, as was
thought fufficient to anfwer their American Purpofe
of barely raifing Money, have been continued? This
would have given no Uneafinefs ; the Expence and Trou
ble of collecting the Duty in America and remitting the
Surplus, if any fhould arife, to the Receipt of his Ma
jefty's Exchequer in England would have been faved.
The proper Anfwer to the Queftion will fhew the Defign
49

of Parliament, and, at, the fame Time prove what the
Company had in View by fending the Tea to America.
The large Quantity, they had on Hand made it a Drug,
and they had engaged to make good to Government any
Deficiency that might arife on the Duty. The allowing
the Company to export their Tea on their own Account,
juft at this Juncture contrary to ftanding Regulations,
which had fubfifted for fo many Years, affords an addi
tional Proof of the Point in Queftion. Whatever Lofs,
therefore, the Company may have fuftained by the De
ftruction of the Tea, or having it returned upon their
Hands, fhould be placed to the Account of their own
Imprudence, or rather, to what feems to have been a
Co-operation with the Miniftry to pour it down the
Throats of the Americans. Suppofe the Company had
a Right to monopolife this Branch of Trade, to the
Exclufion and Prejudice of all other Merchants; were
they not fufflciently apprifed how very difagreeable and
odious their fending the Tea to America would be to
the Inhabitants of all the Continent? Govemor John-
fton, we find, declared publicly in the Houfe of Commons
that he had warned their Chairman againft fending
over the Tea and told him the bad Confequences, that
would probably attend fuch a Step; let the Refufal of
feveral Captains of Ships to take it on Freight be alfo
recollected. Thefe Circumftances were furely enough
to have convinced them that they could not expect, in
a regular, equal Courfe of Trade, to difpofe of their
Tea in America. Was it not the greateft Infult upon
(this whole Continent to attempt to force upon them a
X)ommodity, which they had fo much Reafon to be
convinced, when introduced in this Manner, would be
confidered as bringing with it thofe Shackles the Author
f peaks of? If the Company fhould pretend that they
50

did not fee the Matter in this Light, I would gladly know
how other Men, of different Claffes, happened to be fo
very fagacious as to foretel what followed? I cannot but
fuppofe that the Company had one of two Things in
View. They either muft have hoped that the public
Virtue of the Americans would not be able to withf tand
the Temptation thrown in their Way ; if they purchafed
the Tea, all would be well; both the Company's Pur
pofe and that of Adminiftration would be anfwered;
the Drug would be got rid of and the Duty would be
paid. If, in the fecond Place, the Scheme fhould be
obftructed and the Tea thereby mifcarry, their ulti
mate Expectation and Reliance feems to have been that
the Miniftry would fupport and indemnify them.
In Hopes of aggravating the Offence of the Boftonians,
the Author tells us that, by "our Magna Charta, even
"Aliens are protected in their Commerce with us; and,
"had a Frenchman, the avowed Enemy of our Country,
"imported Tea into Bofton he would have met with
"no Molef tation ;" if this be f o, Thanks to the Rigour of
the Acts of Trade, Courts of Admiralty, &c. But, fince
he has drawn the Comparif on, I would gladly know what
Sort of Trade, even a Frenchman can carry on with
America, that would prove fo injurious and deftructive,
as that which the Company endeavoured to force with
the Colonifts. I agree it is unlawful to trade with For
eigners, and that we ought, by no Means, to encourage
fuch a Practice; but I fay the Trade attempted by the
Company, all Circumftances confidered, was equally
illegal and more unjuft. I will fuppofe for a Moment,
though the Fact is fupported by no Sort of Evidence,
which I know of, that the whole Town of Bofton had
been concerned in deftroying the Tea, and fubmit to
every impartial Perfon how far they were blameable,
51

I muft here take Leave to remind our Author of one
of his law Maxims ; Sic utere tuo, ut alienum non laedas.
Make a free Ufe of your Property, but, fo ufe it, as
not to prejudice what belongs to another. I take it
that the Freedom and Liberties of America are pretty
effential Parts of their Property; I alfo confider a
Community, as very materially interefted in pref erving
the Virtue of its different Members; fo that every In
fringement or Attempt to deprive the Owners of either
Species of the Property, I conclude comes within the
prohibitory Part of this Maxim. It is alledged that the
Boftonians might have declined purchafing this Tea;
but why fhould we expect to find a larger Portion of
public Virtue amongft thefe People, than in other Coun
tries? Many I make no Doubt would have refrained
from buying, but others, probably could not, or would
not have withftood the Temptation of purchafing at
Half Price.
The Company having been difappointed in one of their
Expectations, they are now to be gratified in the other.
The fupreme, the omnipotent Power of Parliament is
to be exerted to procure for them what is called Juftice,
Indemnification, &c. The Account given us, is faid to
be a true State of the Cafe. As being in the Secrets of
the Cabinets, the Author may be fuppofed to know more
than common Men; but I incline to think him miftaken
in many effential Points; fome Things, I am fure, are
unfairly reprefented.
He introduces his State of Facts with the People of
Rhode Ifland ; the Cafe of the Gafpee Schooner and the
Court of Inquiry. Would not a Stranger fuppofe, from
his Relation of this Affair, that not only all the Inhabi
tants of Rhode Ifland, but that this whole Continent
52

was concerned either in perpetrating, abetting, or coun-
terumdng that flagitious and wicked Act of burning his
Majefty's Schooner and maltreating the Commander?
Nothing I believe was farther from the Truth ; I am fure
every Man, in this Colony, whom I heard fpeak on the
Subject, loudly condemned the Deed, and, had it been in
their Power, would I believe, have configned the Per
petrators of it to a legal, exemplary and condign Pun
ishment. "Government it is faid, opened a Court of
"Inquiry and that this Mode of Proceeding was fixed
"on as a Teft, from whence it might be known, whether
"this Infult was a general Act of the Province;" if not,
it was "concluded that the better Clafs of People would
"exert themfelves in Order to bring the Offenders to
"Juftice ; that, no Difcovery having been made, the Court
"could proceed no farther; and, though infulted in all
"the public Newfpapers on the Continent, the Miniftry
"were unwilling to proceed to Extremities, but fat down
"filently under the Affront, laughed at by the Rhode
"Iflanders and held in Derifion by Foreigners." With
out detaining the Reader by a minute Scrutiny into the
Propriety of haftily fetting up this Court of Inquiry in
a Country regularly eftablifhed, and, where I fhould
fuppofe, fince we are not told the contrary, proper Jurif-
dictions are fixed, competent to the Examination and
Punifhment of all Offences and Tranfgreffions of the
Law; without relying on the juft Alarms, which novel
Jurtfdictions are apt to give a free People, I muft remind
the Reader of a few trifling Circumftances, which feem
to have been carefully kept behind the Scene. Will the
Author allow us to recollect what was to have been done
with the Culprits, had they been difcovered. If I do
not forget the Act of Parliament made on this Occafion,
all Perfons, fuppofed guUty of any of the Offences
53

therein enumerated, were to be tranfported to Great
Britain and there tried for their Lives. It was this,
which gave the Alarm, and very juftly to the whole
Continent. I find a Difpofition in fome Men to aggra
vate every Tranfaction of the Americans into the moft
enormous Crime, whilft they are prepared to palliate
and even juftify every Act of the Miniftry, however
r arbitrary and oppreffive. The dragging a Man from all \
I his Connexions into a diftant Country to undergo theJ
V. f everef t Trial ; to f trip him of the glorious Privilege of
being tried by his Peers of his Vicinage, the moft valu
able Birthright of every Freeman; to deprive him of
the Benefit of the Teftimony of his Witneffes, whom he
has no Means of compelling to crofs the Atlantic; of
the Affiftance and Comfort of his Friends, when in a
State of the deepeft affliction, and to expofe him to
the bitteref t Perfecution of his Enemies ; thefe are trivial
Circumstances, not worthy our Attention or Concern. If
the Miniftry were infulted in the public Papers, I had
no Hand in it, though I frankly acknowledge my Con
currence in condemning f o unconf titutional and oppref
five a Meafure and hope that no American will everX.
fubmit to it. Odious as fo unjuft and arbitrary an Act
of Power muft appear in the Eyes of every Friend to
Liberty, the fundcumental Principles of our Laws and
Conftitution; yet the Author is pleafed to fix it as
the Bafis of his Juftification of the Miniftry in their
Attack upon Bofton, ftill, */ poffible, more cruel and
unjuft. As a Proof that the Miniftry were not concerned
in the Importation of the Tea, we are told that "the
"Admiral was defired to interfere, when the Disturb-
"ance happened," but declined doing fo, confidering it
as a "mere mercantile Adventure." Viewing the Matter
in this Light; did he not form the better Judgment?
54

But how contrary is the Author's Affertion to the Ad
miral's own Letter to the Secretary of the Admiralty, in
which he defires the Lords of the Admiralty may be
informed "that, during the whole Tranfaction, neither
"the Govemor, Magiftrates, owners or Revenue Officers
"called for his Affiftance; if they had, that he could
"eafUy have prevented the Execution of the Plan, but
"muft have endangered the Lives of many innocent Peo-
"ple by firing on the Town." I cannot, confidering what
has fince happened, fuppofe the Govemor and the other
Perfons alluded to, reftrained from making fuch Appli
cation to the Admiral for his Affiftance, by any Motives
of Regard for the Inhabitants. We know there are
fometimes Wheels within Wheels, to be put in Motion
by fecret Springs, which it is not always convenient to
have expofed to common Obfervation. It feems to me
that even the Prefervation of their Tea, by all Accounts
extremely mean in Quality, would not have anfwered
the Company's Purpose fo well, in feveral Refpects, as
the Retribution now demanded on their Behalf; and
the immediate Suppreff ion of what is called a Riot might
have defeated the eameft Expectations of the Governor
and the Revenue Officers. The Dutch we learn deftroy
large Quantities of their Spices, in Order to enhance
the Value of what remains upon Hand. How very con
venient would it be to thofe People, could they but
find out a Method of being paid for what they thus
deftroy? I do not pref ume to affert pofitively that the
Miniftry were concerned in planning and promoting the
Scheme of fending the Tea to America; but does it ap
pear, in the Courfe of all the Debates, we have feen, that
they have once denied it? Does not the Act of Parlia
ment laft referred to, when compared with the feveral
Meafures lately adopted, fumifh a ftrong prefumptive
55

Proof that it was undertaken, at leaft, with their Appro
bation? How could this Act have been procured without
their Concurrence and Affiftance? And why were not
the Company allowed to export, on their own Account,
other Articles befides Tea? I fuppose there can be no
Queftion made of the Advantages they would reap by
monopolifing the Exports as well as Imports of all the
Commodities they deal in. Let the Bofton Port Act and
the other Bills brought into the Houfe of Commons, by
the Minifter, which have probably been paffed into
Laws before this Time, be reviewed, and then, let thofe
doubt, who can, whether every Step taken was not with
a Defign to compel the People of Bofton, in the firft
Inftance, and after this was done, the whole Continent
to fubmit to the Payment of Duties impofed for the fole
Purpofe of raifing a Revenue in America, and, in fo
doing, to the Power of Parliament in every other In
ftance, that they may be pleafed to exert it. As a
farther corroborative Proof, I would gladly know
whether it appears, from any authentic Document, that
the Company ever lodged a Complaint againft the Bof
tonians ; they feem to have been either too conf cious of
their Fault to do it; or the Readinefs and Alacrity, with
which the Miniftry feem to have engaged in the Bufinefs,
might have fuperfeded the Neceffity of their complain
ing. The Miniftry, it is faid, took the Matter up on two
Principles. They confidered, in the firft Place, that the
Idea entertained by the Boftonians of this being an Act
of Government was affrontive to the Crown and therefore
deferved the Animadverfion of Parliament. The fecond
Reafon was, "that, without the Intervention of the legif-
"lative Authority, there muft be a Failure of Juftice."
It ought rather to have been fuppofed, under the firft
56

Head, that the Minifter himfelf was affronted and vexed
that the Scheme had been f ruf trated ; for I cannot help
diftinguifhing between the Crown and the Miniftry on
thefe Occafions.
In Proof of his fecond Reafon, the Author is pleafed
to fay, "the Eaft India Company, it is tme, might have
"brought their Actions against the Offenders; but how
"were they to find them? The affair of the Gafpee af-
"forded Proof enough that the Names of the Rioters
"would remain an impenetrable Secret; but, if their
"Names had been known, what Reafon was there to ex-
"pect on the Trial, a difpaffionate Judge or a difinter-
"efted Jury, when the Minds of the People were fo
"generally impreffed with the Notion, that, with the Tea,
"were imported Shackles for themfelves and their Pof-
"terity?" As to the Difficulty in dif covering the Names
of the Offenders, would this have been any Thing more
than the common Cafe ; when either, from not being able
to find out the Authors of a Mifchief, or, from a Defect
of Proof, the Perfon injured is obliged to fit down with
the Lofs? This may be a Misfortune, but, in the prefent
State of human Affairs, it feems unavoidable. With Re
fpect to the Want of a proper Judge or Jury, a difpaf
fionate, impartial Judge might furely have been found,
either amongft the Commiffioners of the Cuftoms, or in
one of the Courts of Admiralty on the Continent; he
might have been invefted with the fiiii^Pbwers both of
Judge and Jury, and fuch a Jurifdiction would not have
been a Whit more exceptionable, than the Powers given
to Courts of Admiralty by this and feveral other Acts of
Parliament. But the Miniftry could have had no juft
Grounds to fufpect a Failure of Juftice; feveral In
ftances had happened in that very Province fufficient to
convince them of the contrary. 57

"This Matter was, therefore, laid before Parliament,
"as the only Refource ; who, in Confequence of it, thought
"proper to fend an Armament to Bofton in Order to
"oblige the People of that Place to make Retribution for
"the Injuries they had done, and to put a Check to that
"growing Diforder, which appeared to them to be Licen-
"tioufnefs, inftead of Freedom, and which muft endanger
"the Peace of the Britifh Empire in America, unlefs it
"was fmothered in its Infancy." We are told farther
that the Refentment of Parliament was levelled only
againft the Town of Bofton and that, if it had been in
tended againft the whole Province, they would have
ftopped aU Communication with it; that this ought to
convince every one that they have no Intention to injure
any other Colony, unlefs they commit the fame Outrage,
and then, it is probable, "the fame Cafe will produce the
"fame Effect." Before the Author had fuppofed that only
the Town of Bofton and not other Parts of the Province
would be affected, I wifh he had read the Addrefs of the
Town of Salem to Governor Gage and learned their Senfe
of this Matter; after reprefenting the great Injury that
particular Town wUl fuftain, they tell him "that there
"is not a Town in the Province, but will feel the ill
"Effects." The Author is pleafed to confefs that "the Part of the
"Act, which relates to Wharfs is exceptionable, as it is
"taking private Property out of the Hands of the Pof-
"feffors, who may he innocent Men, and, perhaps, have
"done nothing to forfeit their Rights." And is it, indeed,
but barely exceptionable? Nothing more verily; fince,
in the fucceeding Paragraph, we find an Apology ready
prepared to juftify even this Part of the Act. The Defign
of the Act, it feems, was only "punitory ;" when that End
is anfwered and Satiffaction made "to the Eaft India
58

"Company, he is perfuaded that the Whole wUl be re-
"pealed." What are we to underftand by the Term
"punitory?" It may imply confif eating, hanging, burn
ing; and, what not? By taking it in the moft mollified
Senfe, the Author furely has never read the Bofton Port
Act, or muft fuppofe that others have not done it, elfe
he never would have given this as a true State of the
Cafe. What can he think of the Act's declaring void Charter
Parties and Bills of Loading? What of the Claufe
(which may indeed carry with it an Air of Indulgence)
effectually ref training his Majefty from opening the
Port, tUl Peace and Obedience to the Laws are fo far re
ftored in the Town of Bofton, that his Majefty's Cuftoms
may be duly coUected? By Obedience to the Laws I
underftand an implicit Submiffion to all Acts of Parlia-
vient whatever; by Cuftoms, is plainly meant all fuch
Duties, as the Parliament may think fit to impofe. This
obvious Comment may fairly be made from the Com
plexion of the Act itfelf, and is clearly and fully juftified
by the other Bills before alluded to.
What fhall we think of his Majefty's being aKo re
ftrained from opening any Part of the Port, "till full
"Satisfaction is made to the Eaft India Company for the
"Damages they have fuftained; and until it fhall be
"certified to his Majefty in CouncU by the Govemor or
"Lieutenant Governour, that reafonable Satiffaction
"hath been made to the Officers of the Revenue and others
"who f uffered by the Riots, &c?" Here it is plain that
thefe devoted People, and fome of them fuppofed, even by
the Author himfelf, to be innocent, are thrown into the
Hands of the Miniftry and Privy Council, our gracious
Sovereign being reftricted, without their Confent, from
59

extending his Mercy to thofe unhappy Objects; and, what
is ftill worfe, if poffible, there being no Account of
Damages Liquidated, the Deliverance of them from the
Hardships and Calamities, they are now groaning under,
muft, in a great Meafure, depend on their difcharging
fuch Claims, as the Company, the Officers of the Revenue
and others may exhibit againft them; and, moreover,
they are not to be relieved, till the Govemor or Lieu
tenant Governor may be pleafed to grant a Certificate.
The Proceedings, I own are uniform and of a Piece ; but
I defy their Authors to maintain them on any Principles
of_Juftice._-^Notwithftanding all thefe Things, he en-
¦" deavours to perfuade us that we have no juft, recent
Ground of Complaint and that the other Colonies need
not be afraid. When my Neighbour's Houfe is on Fire,
it highly behooves me to look to my own. When the reft
of America fees a Sifter Colony grievoufly oppreffed
by the Hand of Power, and this, for making a Stand
againft the Infringements and Violations of American
Rights; they are furely called upon loudly by every
Principle of Juftice, of public Virtue, and by every
Motive to Self Prefervation, to purfue fuch legal and
proper Means, as are moft likely to fave them from Ruin.
"Would not all the Colonies have the greateft Reafon to
fear, if they continue fupine and indifferent to the Pro
ceedings againft Bofton, that they might all, in Time,
upon a refufal to fubmit to any Act of Parliament, how
ever oppreffive, be expofed to the fame rigorous Treat
ment? And have we not too many Proofs that a regular
Syftem has been formed to bow down the Neck of Amer
ica to the Feet of the Minifter? Humiliating, dreadful
Thought !
"That the Boftonians have acted unwarrantably, in
"the Opinion of our Author, cannot be denied by the
60

"moft zealous American." He fhould not be too precipi
tate in pronouncing the Sentiments of others. Many
judicious, upright Men, who, I believe, are now fully
convinced, had their Doubts, at firft, upon this Point;
they fufpended their Judgments, till they could be f atis-
fied of the Motives, which actuated the Boftonians, and
of the Evidence, they might have to produce of what
Part the Miniftry took in this Bufinefs at the Beginning
of it. Granting, however, for a Moment, that the People
of Bofton might have acted unwarrantably; yet, what
hath the Parliament done? Or rather, what hath it
not done? It is much to be fufpected that the Author,
as well as many others, in confidering this mixed Quef
tion, has attended only to one Side of it. Upon the above
Conceffion, then, fome of the Men of Bofton and in its
Neighbourhood have acted unwarrantably in deftroying
the Property of the Eaft India Company. In this Town
live a great many Thouf and Inhabitants, amongft whom
are, probably, many Widows and Orphans deeply inter
efted in the Trade of the Place, its Wharfs, Storehoufes
and other Appendages. Several principal Proprietors
might have been abfent, when the Fact was committed.
Many of thefe muft be prefumed entirely innocent; the
Guilty however deferve Punifhment. The Law is open
to the Injured ; and, if the Agreffors can be found out,
there is a proper Jurifdiction to award fuch PunUh-
ment, as the Law hath prefcribed. From a groundlefs
Apprehenfion (I take the Liberty of calling it fo till
the contrary is proved) that Juftice will not be impar
tially adminif tered, the Miniftry take the Matter up and
lay it before Parliament. A Bill is brought in; the
Parties accuf ed, contrary to every Rule of Juftice, are
condemned, without being cited to anfwer what is laid
to their Charge; a few of their Friends, who happened
61

to be on the Spot, are refufed to be heard, and an Act
of Parliament, inflicting the fevereft Penalties, is
paffed with unufual Precipitation ; a Fleet and an Arma
ment are hurried acrofs the Atlantick with the utmoft
Rapidity, as if it was intended that they fhould be the
firft Bearers of the fatal Tidings, and the dreadful An
nouncers of the Doom of thefe unhappy People. So much
for the Method of Proceeding. Let us attend a little
more particularly to the Act itfelf and its mifchievous
Confequences. In the Author's pompous Dif play of the Beauties of the
Britifh Conftitution and the Laws of Parliament, he
fhould have recollected one very effential Point more,
which feems to crown the Whole, and without which,
the Power of Parliament would become odious to every
Man of free and liberal Sentiments. What I allude to
will be beft explained by the following Obfervations.
To the Parliament it, of Right, belongs to make and
enact Laws for the better Govemment of all properly
within its Jurifdiction; for the Encouragement of thofe,
who do well and the Punifhment of all Tranfgreffors. If
Offences fhould arife, not guarded againft by Law, this
Defect of Provifion is to be afcribed either to the Neglect
of the Legiflature, or to the Imbecillity and fhort-fight-
ednefs of human Nature. Every Inftance of this Sort
fhould point out to the Lawgiver a future Remedy, which
ought to be provided with all Expedition and without
Refpect of Perfons. When general Regulations and
Laws are eftablifhed, by which every Individual in So
ciety is to be bound and governed, fuch Laws are equal;
the Legiflature acts upon truly political and conftitu-
tional Principles, uninfluenced by Partiality, Refentment
or the Temper of the Times. Of fuch Laws, as thefe, or
62

rather, the Mode of enacting them, none can with Reafon
complain. But we fhould be careful never to lofe Sight
of the material Difference between the legiflative, the
judicial, and executive Parts of our Conftitution ; fince,
upon a due Attention to and Obfervance of thefe Dif
tinctions, the Prefervation of the Whole fo very materi
ally depends. Occurrences prejudicial to Society maj
happen, which have not vet been provided againft by any
Law; but thefe cannot be punifhed, without a grofs In
fringement of the vital Principles of the Britifh Confti
tution, and a direct Oppugnation to a f uperior Author
ity; by which we are taught, that, where there is no
Law, there can be no Tranfgreffion. We know very well
that, by the moft juft and invariable Rules of judging,
penal Laws are to be conf trued ftrictly; fo that no One
accnfed can be fubjected to a Penalty, unlefs he falls
exprefsly within it. Upon what is this Rule founded?
But the Reafon and Principles of eternal Juftice (which
Legiflatures as well as Judges fhould have imprinted on
their Hearts in indelible Characters) that penal Laws
ought never to be calculated, like Snares, to catch Men ;
on the contrary, that no One fhould be fubjected to the
Pains of them, unlefs clearly and fully convicted. Again ;
we have another Maxim in our Conftitution, namely,
that it is better many guilty Perfons fhould efcape Pun
ifhment, than that one Innocent fhould fuffer. We know
ten righteous Perfons would once have faved a whole
City ; but this it feems is an antiquated Doctrine, enacted
from a ftrange old Hiftory; and the Reverfe is now to
take Place in the Syftem of modem Politicks. Let thefe
Obfervations be applied to the Cafe in Hand. The Per
fons actually guUty of the fuppofed Offences at Bofton
were fubject to the Penalties, and thofe only, of the Laws
then in Force; if there were no fuch Laws, I fay they
63

were not liable to any Penalty at all. Shew me the Law
enacted by proper Authority, or fubmitted to by im
memorial Ufage, declaring that the Port of Bofton or
any other Town fhould be blocked up and the Trade, al
moft, of a whole Country deftroyed, even fuppofing all
the Inhabitants of the Town guilty, which is not pre
tended in the prefent Cafe, and I will agree that the
Penalty might be legally inflicted. There are many
Perfons confeffed to be grievoufly oppreffed by this Act,
who are perfectly innocent. Let a Law enacted by
proper Authority be produced, which declares that all
the Inhabitants of Bofton or any other Town, whether
innocent or guilty, fhall be punifhed moft feverely for
the Acts of Violence or Intemperance of Individuals com
mitted either in their own Town or its Neighbourhood,
and I will kifs the legal Rod, and yield up the Argument;
but, if no fuch Law can be produced, I take the Liberty
to pronounce that the Bofton Port Act, confidering it in
a judicial Point of View, is unconf titutional; that, as
an Act of legiflative Power, it is entirely ex poft facto,
in the moft odious Senfe of the Words; and that, with
Refpect to all thofe efpecially, who were confeffedly in
nocent, it conftitutes a new Crime and inflicts a Punifh
ment, which cannot be juftified. Here, I fuppofe, will be
called into the Author's Aid, the Precedents urged on the
other Side of the Water. I fhall not, for Brevity's Sake,
quote them all ; but refer my Readers to the reft, with the
Anfwers given to them, contenting myfelf, with men
tioning only two, the moft capital.
In the Reign of King Charles the fecond, when Dr.
Lamb was killed by unknown Perfons, the City of Lon
don was fined ; and, in Captain Porteus's Affair, a Fine
was fet upon the whole City of Edinburgh. I take the
Liberty of referring for an Anfwer to thefe Examples,
64

in Part, to what was urged, with much propriety, by a
few worthy, patriotic Americans in their Petition againft
the Bofton Port Bill. I give it in their own Words, as
I would by no Means mutUate that Part of a Petition,
which muft for ever endear them to all their Country
men. "The Cafe of the King againft the City of London,
"fay they, was for a Murder committed within its Walls
"by its Citizens in open Day. But, even then, arbitrary
"as the Times were, the trial was public in a Court of
"Common law ; the Party heard and the Law, laid down
"by the Judges, was, that it was an Offence, at Common
"Law, to fuffer fuch a Crime to be committed in a walled
"Town, Tempore diumo, and none of the Offenders to be
"known or indicted. The Cafe of Edinburgh, in which
"the Parliament interfered, was the Commiffion of an
"atrocious Murder within her Gates, and aggravated by
"an overt Act of High Treafon, in executing, againft
"the exprefs Will of the Crown, the King's Laws. They
"obferved that thefe Cities had, by Charter, the whole
"executive Power within themfelves, f o that a FaUure of
"Juftice neceffarUy enfued from their Connivance. In
"both Cafes, however, full Time was allowed them to
"dif charge their Duty, and they were heard in their own
"Defence. But Time was not allowed to the Boftonians,
"nor were they heard. Bofton is not a walled Tomti, nor
"is the executive Power in their Hands, but in the Gov-
"emor's ; nor was the Fact committed within it." Thefe
Reaf ons I fhould have thought fufficient to difcriminate
the different Cafes; but my Objection is laid ftUl deeper,
as I am for reducing Things to their proper Principles.
Shew me the law, fubfifting at the Time thefe Offence^;
were faid to have been committed, impofing the Penalties
inflicted, and I will agree that fuch Preceedings, before
a proper Judicature, might have been right; other\\ife,
65

from the eftablifhed Principles of the Conftitution, I
fhall not fcruple to declare them arbitrary Exertions
of defpotick Power. ' Admit but an Authority in Parlia
ment, not only to create new Offences, after they are
fuppofed to have been committed, but to inflict what
Punif hments they pleafe for the fame, and I would gladly
know what will become of that Security for their Prop
erties, their Liberties and Lives, which Englifhmen
boaft of, as derived from the Independence of their
Judges and the Permanency of Tenure, by which they
enjoy their Offices. Let the Author difprove my Pofi-
tions, and he will make Room for conftructiwe Treafons
and Felonies; (a Doctrine long fince exploded by all
judicious, good Men, as replete with Horror;) he will re
peal the famous Statute of Edward the III. long ago
eftablifhed by other Acts of Parliament, as a Criterion
and Teft not to be departed from ; and, above all, he will
prove irrefragably that a Man may tranfgrefs a Law,
which never had Exiftence. If he fhould tell me of the
Power, or rather Omnipotence of Parliament and the
Neceffities of State, I have to remind him that fuch a
Power is inadmiffible, fince it contradicts a more tran-
fcendent Authority; and that no Exigency of Govern
ment can commute for fo flagrant a Violation of the firft
and fundamental Principles of the Conftitution and the
f acred Laws of Juftice. If, in attempting to reafon on
thefe Principles, I am drawn back to the State of Nature,
where, according to the old Vulgarifms, Might was fure
to overcome Right, and, where the weakest always went
to the Wall, I muft drop my Pen, and go in Queft of a
new Topick,
"There is nothing, we are told, f o likely to enforce the
"Act, as Violence. Reparation will ever be demanded,
"when an Injury is received. In eftimating the Damages,
66

"there will always be an Article in the Account relative
"to that, which is wifhed to be enforced; and, if we are
"obliged to pay the one, what will prevent our being
"forced to dif charge the other?" Here the whole Secret
tranfpires. What is that Article, which is wifhed to
be enforced, but the deteftable Duty on Tea? This we
wUl agree was the primary, the principal Object. The
Author fpeaking here of Force, recalls my Attention to
a former Part of his Work, which I, by no Means, in
tended to neglect. There we are told the "moft ftubborn
(by which are plainly meant the unhappy Americans)
muft" yield to f uperior "Force." This without Queftion
is a moft powerful and irrefiftible Argument. A man of
f uperior Strength it would be imprudent in me wantonly
to provoke. But, if he treats me ill ; if he irritates and
oppreff es me ; am I bound by any Laws, human or divine,
to continue my good Offices towards him, fo as to in
creafe his Power of doing me farther Mifchief? Pru
dence advifes that I fhould leffen my Connexions with
him ; and, if he proceeds to Acts of open Violence againft
me. Self Prefervation, the very firft Law of Nature, de
mands that I fhould defend myfelf to the utmoft of my
. Power. The Author's Aphorifm that "Friendfhip fometimes
"gathers new Force and Vigour, after an Intermption of
"its Intercourfe," may be true enough ; though I think he
had better have fet it to the Tune of Amantium Irae
Amoris, dc. than attempted to prove it, by his fubfe
quent Prophecy ; which feems rather intended to keep up
the alarm in Great Britain, than to anfwer any other
/Purpofe. Peeping into the Womb of Time, he has dif-
( covered and foretold that America will, one Day, become
independent, 67

The principal, avowed Caufe of the prefent rigorous
Meafures againft America feems to arife from a Jealousy
excited by an Apprehenfion that we affect and aim at
Independency ; and we cannot gain Credit, notwithf tand-
ing our implicit and moft folemn Affurances of the
contrary. For myfelf, I do proteft before God and the
World, that the utmoft of my Wifh is, that Things may
return to their old Channel, when we lived a free and
happy People. This obtained, I would, with Pleafure,
fay to each Country, Esto perpetua. He had before
given it as his Opinion that the Americans might argue
till Doomfday, but that he was afraid they would find the
"Parliament deaf to their Reafoning and their Eloquence
"unavailing;" what can he now mean by Abatement of
Rigour on their Part, and Relaxation on ours ; unlefs it
is, that America fhould offer a Carte blanche, in Hopes
of prevailing with Parliament to defift from Punifh
ment? The great Pains he has taken to dif courage Strangers
[from migrating to America affords another ftrong Proof
I of his Regard for this Country. For my Part, I am fo
( thoroughly perfuaded of the Justice of our Cause, that
I have no Doubt of eftablifhing our Liberties upon fo
fure a Foundation, that Strangers will applaud our
generous Struggles to preferve thofe Enjoyments and
become the more anxious to fettle in America, as in a
_Land of Freedom.
The Affociation entered into, upon the Diffolution of
our Affembly, I find hath afforded the Author a Subject
for Mirth and Pleafantry. Whether this is a Seafon for
fuch delicious Entertainments, others will judge. Upon
me they are entirely loft. I had before heard this Affo
ciation found Fault with, as not being extensive enough ;
68

fo that I could little expect to fee it ranked by any one
among-ft violent Meafures ; much lefs, that f o ref pectable
a Number of Gentlemen would be ridiculed for that
Moderation, which, to all impartial Perfons, muft afford
the cleareft of their Inclination to live on the moft
friendly Terms with their Fellow Subjects in Great
Britain. However, when thefe Refolutions were entered
into, it was uncertain what Meafures the other Colonies
would adopt ; we did not know how far the Miniftry had
been inftrumental in bringing fuch extenfive Mifchiefs
on our Sifter Colony ; nor could we forefee what farther
Steps the Parliament would take. The Eaft India Com
pany was confidered as extremely culpable, and there
fore it was refolved that they fhould reap as little Ad
vantage from us, as poffible. AU their Commodities
were protected againft, except Saltpetre and Spices.
Thefe Exceptions were not made, from an Opinion that
we could not poffibly do without thofe Articles. Salt
petre and Spices were confidered not only as useful for
various Purpofes of Life, but many of them, as neceffary
in Medicine, Cordials and other Nourifhments required
by fick Perfons. None of the Affociates, I believe, had
Refpect to their Palates; and, had thefe been their Ob
ject, I am apt to think it would have been a Foible com
mon to them with fome others, and fhould have fup
pofed that the Author, at leaft, would have looked on it
as a venial Error and treated it with greater Indulgence.
A Refolution to abolif h Tea, even that on Hand, totally,
was prudent and neceffary ; as the Stocks of fome Peo
ple, to whofe Happinefs it feems f o very effential, would
probably never have been exhauf ted. Great as my Fond-
nef s for this delightful Herb once was, I am now taught
to confider it as the very accurfed Thing, that ought to
be banif hed, with Dif dain and Horror, from every Ameri
can Societv, 69

The future Affociations, as propofed by many of the
Colonies, as well as moft, I believe, of our Inhabitants,
become the next Objects of the Author's Animadverfion.
With Refpect to ftopping our Exports, there feems to be
a Variety of Opinions, as to the Propriety and Juftice of
this Meafure ; though few, whom I have converted with,
doubt the Expedience and Neceffity of the other. Thefe
Matters, however, will foon be determined at a general
Meeting of Deputies from the different Counties ; when
I make no Queftion, every Subject will be dif cuffed with
that Calmnefs and Deliberation, which its Importance
may demand. Thofe Gentlemen, who incline to adopt
both Schemes, I dare fay, are actuated by the pureft
Motives to the public Good. The Parliament they con
fider as having fet the Example in ftopping both Imports
and Exports to and from the Town of Bofton. If the
Parliament confiders the Advantages of Trade to that
Town in fo very interefting a Light, as to fuppofe that,
rather than forego fuch great Emoluments, the Inhabi
tants will fubmit to any Acts of Oppreffion ; the Advo
cates for promoting both thefe meafures, knowing the
almoft unfpeakable Benefits, which Great Britain de
rives from her Trade with the Colonies, give it, as their
Opinion, that fhe will be equally attentive to her own
Intereft and the fooner prevailed with to fhorten her
outftretched Arm, and do the Americans Juftice. Stop
ping of Exports from one Country indebted to another,
where fhe has ufually traded, may lay individual Credi
tors under temporary Inconveniences and Hardfhips,
and can be juftified only in Cafes of the extremeft Ne
ceffity. If, however, the Safety of a Community depends
upon its being done, the Salus Populi then becomes
fuprema Lex. Thofe, who think their Liberties, their
Properties, their every Thing, dear and valuable, at
70

stake, and in the moft imminent Danger of being wrefted
from them, can have but little Spirit or Inclination to
labour and toU for their Creditors, efpecially, if they
with-hold their Affiftance in endeavoring to relieve them
from Oppreffion. They ought however, in Juftice, to pay
their Debts with Interest, fo foon as it may be in their
Power; and they fhould be ready and wUltng to give
up fo much of their Property, if required, as will dif-
charge them immediately. It is, after all that can be
faid, a very delicate Point. The Honour of the Country,
which ought ever to be held f acred, may poffibly be im
peached and refiected upon by fuch, as are Strangers
to the governing Motives; but, as a Man is fatiffied or
not of the Purity and Uprightnefs of his own Intentions,
his Conscience will either acquit or condemn him. What
I fhould think might, in a great Meafure, fatiffy the
moft rigid Cafuift, that nothing bafe can lie at the Bot
tom of fuch a Scheme, if it is adopted, is, that the en
gaging in and adhering to it niuft require the greateft
Sacrifice of private Interefts and the moft vigorous
Exertions of public Virtue.
The Non-importation Plan, no One can with Reafon
object to; not even the warmeft and moft virulent Ad
vocate for minif terial Meafures. As a free Man, I furely
have a right to buy or import, and refrain from both, if
I pleafe ; in the Exercife of this PrivUege, I fhall tranf
grefs, notwithftanding the Declarations of a late un
precedented Proclamation, no Law divine or human. Tf
fuch a Proclamation, denouncing the heavieft Pains and
Penalties, can be juftified ; I fhould not be furprifed to
fee a peremptory Mandate fent over to America, com
manding every Man to plant fo many Thoufand To
bacco HUIs, &c. &c. for the Enhancement of the Revenue,
71

the Encouragement and Advancement of the Shipping
and Trade of Great Britain.
Stoping of Imports only I am hopeful might have all
the good Effects, we wifh for; but fhould I be difap
pointed in this, and our Exports be ftill continued, as
ufual; I fhall have to lament moft feverely that both
Meafures were not adopted. The Schemes united moft
certainly would, and it is probable that either of them
will affect the Inhabitants of Great Britain of every
Clafs, in a moft fenfible Manner. Thofe, who think the
Tradefmen and Mechanicks only will fuffer, feem to
have taken but a partial View of the Cafe. There is fo
intimate and nice a Connection between the different
Branches of Trade and Bufinefs of every Kind In that
Country, that few of them can be affected without the
Whole bearing fome Proportion of whatever Lofs may
be fuftained. The Landholder, and the Merchant will
feel the Inconvenience, as well as the Tradefmen and
Mechanick. When the Interest of all thefe comes to be
worked upon, they will be convinced that the oppreffive
Schemes of the Miniftry could not be enforced without
the Concurrence of their Reprefentatives in Parliament;
they will, it is hoped, be excited, not to Acts of Violence,
but to a proper and feaf enable Exertion of that confti-
tutional Influence and Authority, which they have a
Right to exercife. Should their Endeavors to relieve
America from her Diftrefs be withheld, whatever Incon
veniences they may be put to, the Colonies muft furely
be acquitted by every impartial Judge. Much lefs Rea
fon can they have to complain, if ftoping Exports to
Great Britain is pof tponed to a diftant, future Day ; this
will give fufficient Notice of what they may expect; a
great Part of the American Debts will certainly be dif-
charged, and the Refources the Colonies will have left,
72

if they are permitted to draw from them, will, in all
ProbabUity, enable them to pay off the full Balance in
a reafonable Time. Let America but ftop her importing
Hand; apply a proper Share of her Industry to Manu
factures, and the reft of her Labour to cultivating and
raifing fuch Articles, as fhe is allowed to export to other
Markets, and I have the moft fanguine Expectations
that fhe wUl, not only very f peedily extricate herfelf from
Debt, but find the Balance considerably in her Favour.
Should fhe, by the Hand of Power, be laid under farther
Reftrictions in her Trade, and by this Means any Part
of her Debt remain unfatiffied, the Fault will not be
her^s. So that every Suggeftion of a Defign in the Colo
nifts to extinguifh the fmalleft Portion of their Debts
muft appear gi'oundlefs and unjuft. I know it has been
inf inuated, with a View to fix an Odium on the Colonies,
that they have failed in former Engagements to f atisfy
their Creditors; but this, confidered as an Accuf ation
on the whole Continent, as it muft have been intended,
I am convinced is without Foundation. That fome In
dividuals may have remained in Debt for a Number of
Years and that Infolvencies may have happened in
America, as well as Great Britain, I wUl not deny ; but
chief of the old Balances, I make no Doubt, have been
long fince paid off, and that the Debts, now due, have
been moftly contracted fince in a Courfe of Trade
equally, if not more, advantageous to the Britifh Mer
chants and Traders, than to the Colonifts. For the
Truth, at leaft Probability of this, I appeal to the
various Solicitations and Allurements held out, par
ticularly to my Countrymen, to engage and continue in
this Trade. The Balance againft America proves clear
ly on which Side the Advantage has been.
Unlefs the Author is prepared for a Difappointment,
73

I would not have him depend too much on his prefent
Opinion of the propofed Affociation compared with that
entered into fome Years ago. I have already hinted
^ome of the Reaf ons why this was neglected; but I am
convinced he will find a quite different Spirit prevail
ing throughout America at this Time. Thofe Diverfi
ties of Opinions and Differences of Intereft, which
formerly fubfifted, will now, I am perfuaded, be facri-
ficed to the Good of the Whole. Whether the Duty on
Tea was, at firft, confidered as an internal Tax or not,
is now quite immaterial. The defigns of the Miniftry
were not then feen through by many ; but I think I have
fhewn clearly that this Duty had originally every
odimis Feature of fuch a Tax. Can a Doubt now remain,
when we find an Armamient fent either to enforce the
Payment of it or to punifh moft feverely thofe, who
refufe to do it? Such a Refufal, as this, the Author
would conftrue into a Refiftance of the Authority of
Parliament to lay Duties on their own Com,m,odities,
which we do not wifh to queftion, when it is really done
as a commercial Regulation. I grant, it makes no Dif
ference to me, as to the Quantum of the Tax, whether
it is paid in Great Britain or the Colonies; whether my
Merchant pays it for me, or whether I do it myfelf ; but
Circumftances will make that oppreffive in one Cafe,
which would be almoft indifferent in another. I have
neither paid this Tax myfelf nor allowed my Merchant
to do it for me, fince the Ufe of Tea was refolved againft
in America; and, which is ftUl more, I never wUl pay it.
The Mention of a Precedent, our Author, ip the Abun
dance of his Politenefs, tells us is ridiculous; and we
are referred to the Lift of his favourite Duties to fee
whether there has been any Want of Examples. That
America hath acquiefced in and paid former Duties,
74

and fome of thefe merely internal, I do not deny; but
fhe did not difcover their dangerous Tendency till, with
in thefe few Years, her Eyes were clearly opened by
farther Encroachments. Why muft the Mention of
Precedents be ridiculous, when we find they were
ftrenuoufly relied on by the Minifter, and all his Ad
vocates, to juftify the Stamp Act, and are ftill quoted
as Authorities to rivet Chains about our Necks? Is it
not high Time for America to look about her and not
fuffer ancient Precedents to acquire additional Weight
from others more recent? We are again reminded of
the Power of Parliament to enforce fuch Duties, as they
may think expedient; and are told that America wUl
refufe the Payment of them, whenever fhe is able. Is
it not ftrange that a Gentleman, who profeffes himfelf
fo great a Friend to lenient Meafures, fhould, at every
Turn, take fo much Pains to remind Parliament of its
fuperior Power, and flatter America that fhe wUl, one
Day, be able, and certainly wUl refift it? Is not this
the moft direct and fureft Method of fowing the Seeds
of Perpetual Difcord? We are advifed truly for the
prefent, to affect a Submiffion ; but f tUl are to harbour
in our Breafts the Poifon of Difcontent and Animofity,
which muft fefter and rankle to fuch a Degree, that
they wiU, at a future Day, moft affuredly burft forth
with redoubled Violence and Fury. Whether fuch Senti
ments, as thefe, are likely to prove inimical or friendly
to either Country, let them both judge. The Author
-sddely miftakes what the tme and real Friends of
America hope to have done. They do not defire to leave
every Thing to Pofterity, but rather wifh to have Mat
ters now fettled upon fuch Principles, as wUl lay a
ftrong and broad Foundation of Concord and recipro
cal Friendfhip, never more to be interrupted.
75

As to ftopping up the Courts of Juftice ; it is a Meaf
ure, I own, that cannot be juftified, but in Cafes of the
laft Neceffity. If, however, the Magiftrates, who act
oil Oath, think they cannot proceed in Bufinefs with
out a Pee BiU, what would the Author have them do
more, than exercife that Part of their Office, which is
neceffary to preferve the Peace and good Order of So
ciety? This I underftand is univerfally refolved on
throughout the Country. That the Fee Bill has expired
is a Circumftance we lament and ought not to be blamed
for. Before he cenfured the Magiftrates fo very fevere
ly for declining to fit, he would have done well to con
fider how far he himfelf coincided. If I am not mif
taken, this Gentleman holds a Seat in one or more
Courts of Juftice; he fhould let us know what Part he
took to prevent the Occlufion of thofe Courts, and then,
perhaps, his Arguments would have more Weight.
The Affociation he woidd recommend is that we
fhould all unite in Virtue; public Virtue, he is careful
to tell us he means, left, I fuppofe, we fhould put too
great a Value on the other. /Public Virtue is what we
earneftly wifh to roufe and excite in every American
Breaft; fince, without it, we may probably fuffer in the
very beft of Caufes^ But why is private Virtue fo low
in his Efteem? Without this, the other, in my Judg
ment, is like the Bafelefs Fabrick of a Vifion. If a Man
is not juft to himfelf, I can hardly fuppofe he will be
fo to others, upon any trying Emergency. What is
called public Virtue, unlefs built on private Virtue, will
become too precarious and unftable to be relied on. A
Man, with a fmall Stock of private Virtues, may, in
deed, as his Intereft governs, do a Thing, from which
the Public may reap Advantage; fhift but the Scene;
let his Intereft draw in a different Direction, and we
76

fhall find him, Proteus like, put on a new Livery. It
may be relied on as a certain Truth, exemplified by the
moft extenfive Experience, that no Man can be fafely
trufted, who does n(rt act upon solid, virtuous Prin
ciples. We are advifed to apply ourfelves quietly to
the Cultivation of our SoU; but how can this be done
without the Permiffion of a fuperior Power? How can
it with Reafon, be expected that we fhould labour, un
lefs we are kindly allowed to reap and enjoy the Fruits
of our ToU?
"Our public Happinefs, we are told, depends on the
"People ;" granted that it does in a great Meafure. Had
the Author added to his Lift of Qualiflcations neceffary
to make a proper Reprefentative, that he ought to be a
Man of private as well as public Virtue; One who really
loves his Country, and would fupport her tme Intereft,
even though he fhould be forced to facrifice every finif-
ter, felfifh Conf ider ation, it would have made the Cata
logue nearly complete; but I fhould like it ftill better,
if a proper Refpect and Reverence for Religion were
required as an effential Part of the Character.
I am now led to take a View of the Author's very
curious and decent Strictures on the Faft, which was
recommended by the late Houfe of Burgeffes to the
Members. Upon this Subject, he feems to have opened
every Vein of Paltry Ridicule ; but furely he hath either
Itrangely miftaken, or profanely applied his Talent.
He might have leamed from one of thofe great Masters,
under whofe Aufpices he probably was nurtured, that
Ridicule is the Teft of Truth, and thought this a fit
Opportunity to difplay it with Advantage. A Stranger,
from his Reprefentation, would fuppofe that we had
acted a ridiculous Farce, inftead of what was fo folemn-
ly recommended. Though the Author had loft Sight of
77

all Decorum, he fhould, at leaft, have confined himfelf
to the Rules of Juftice. I beg to know of him in whofe
Houfes thofe fumptuous Suppers, he alludes to, were
ferved up at Night. I am fure I neither faw nor heard
any Thing of the Sort. Thofe, who had fafted through
the Day, it was fupposed would refrefh themfelves in
the Evening. Nature required and Decency did not
forbid it. It could hardly have been expected, even by
the moft indigent, (who it feems have fuddenly become
Objects of his great Care) that the Calls and Cravings
of Nature fhould have remained unanfwered. Savings,
indeed, in Inftances of Superfluity and pompous Parade,
may properly be expected, as well towards their Relief,
as the Satisfaction of all other juft Demands. He has
exceedingly miftaken the Matter, in fuppofing that the
Authors of the Meafure either wifhed for his Com
mendations or to be tickled by his Flatteries.
"Fafting, we are told, when obferved and repeated
"in a proper Manner, may be falutary to the natural
Body;" (thus much no doubt he collected from Ex
perience;) "but how the political Body can be benefited
"by changing Hour of dining and making the Repaft
"in the Evening, inftead of the Afternoon (which was
"all that was required on the late Occafion, except the
"Circumftances of attending the public Worship, in
"which, inftead of a Form compofed for the Purpofe,
"the ordinary Service of the Day was read) is what he
"cannot account for." Not to be tedious in ufelefs
Quotations, I muft refer the Reader to fome other of
his very pretty Obfervations that follow. As he feems
little acquainted with the Reaf ons for fetting apart par
ticular Days for folemn Fafting and Prayer on any
Occafion, and the Motives, which governed on a late
one, I will take the Liberty to exprefs my Senfe of both.
78

There are many, it is to be hoped, {would God there
were more) who do not confider this as a poor. Orphan
World, difcharged, fo foon as it was called into Being,
from the Care, Superintendence, and Protection of its
all-wife, and bountiful Creator. Things, in general,
they know are left to purfue their ordinary Courfe, in
Conformity to the Laws of their Nature ; but f tUl, they
confider the whole World as under the Direction of
Providence. They have been taught that not even a
Sparrow falleth to the Ground, without the Permiffion
of their heavenly Father. They are enjoined not only
to pray, but to be inf tant in Prayer, for his Mercies and
Protection. Upon thefe Principles is founded and
eftablifhed, by Authority, the Service of our excellent
Church, which I would recommend to the Author's more
ferious Confideration. Not only Individuals, but, in a
more efpecial Manner, Nations and Countries, as hav
ing their Exiftence folely in this Life, have been con
fidered by all Ages, and particularly by all good Chrif-
tians, as under the Guidance of Heaven. In Cafes of
general Calamity, either already felt or apprehended,
what can be more decent and proper than to look up
to that Providence, who we are inftmcted to believe
ruleth the Hearts of Kings and Governors, according
to his good Pleafure, and to implore the affiftance and
Bleffings of his fatherly Goodnefs; at the fame Time
making Ufe of all thofe juft and proper Means, which
he either hath been, or may be pleaf«i to afford us for
our Protection. Previous, however, to this, we fhould
be extremely careful to examine our Hearts; to en
deavour at a Reformation of whatever may be found
amifs; to repent heartily of all our Sins and to prepare
our Minds for the Reception of the Influences of his
GOOD Spirit. Can any Means be better adapted to this
79

End, than withdrawing our Attention, for a Seafon^
from the Bufinefs and Cares of the World, and mortify
ing all our Corrupt Affections by Fasting and Prayer?
To fuppofe that any good Effect could have been ex
pected from the mere poftponing a Dinner, to ufe the
Author's polite Phrafe, would have been ridiculous. I
have too much Reafon to believe that the Defign of this
Faft was either mifunderftood or mifreprefented from
the flrft, having been informed that it was fpoke of by
fome as a Scheme calculated to inflame and excite an
enthufiaftic Zeal in the Minds of the People, under a
Cloak of Religion; than which nothing could be more
calumnious and unjuft. The Author muft know that
the Refolution was not fmAiggled, but propofed in a very
full Houfe, not above one Diffentient appearing amongft
near an Hundred Members. He, himfelf, I believe was
prefent, and fhould be glad to know whether he opened
his Mouth againft the Meafure? Surely he could not
want that Refolution, he fo earneftly recommends, to
have avowed his Dif approbation. The mixing of Relig
ion with civil Matters, merely to inflame People's Minds,
I know has been practifed on fome Occafions, but I have
ever confidered it not only as culpable, but extremely
wicked. It gave me Pain to flnd that the Refolution of
the Houfe was confidered as reflecting upon our gra
cious Sovereign. Nothing, I hope and believe, was
farther from the Intention of thofe, who voted for the
Faft, than this. I fpeak pofitively for myfelf.
The Minds of many People, efpecially of their Repre
fentatives, were a good Deal agitated, at a former Sef
fion upon receiving an Account of the Act of Parlia
ment refpecting Rhode Ifland, and for the Reafons be
fore given. When the Bofton Port Act appeared at the
laft Seffion, the general Uneafinefs, that prevailed muft
80

be remembered. Many Expedients were thought of
and the Meafure propofed with the Refult of much De
liberation. Its primary Object I have endeavoured to
explain; but there were others of a fecondary Nature.
So far from defigning to inflame, I believe it was ex
pected that the Generality of People would be brought
to a ferious and proper Senfe of their Danger ; the Con
duct they ought to hold ; and, at the fame Time, that it
would be a Means of ref training them from Acts of
Violence and Intemperance. It was, with much Pleaf
ure, I obferved that thefe Effects were produced. An
other good Influence it might have been expected to
have, was, that certain great Men of this Earth might
be brought to a proper Senfe of that Juftice, which is
due to all their Fellow Subjects, by reminding them that
there is a fuperior Power, even a God in Heaven, to
whom they wUl be one Day accountable for all their
Actions. As to the ordinary Service of the Church
being only performed on the Occafion; the late Houfe
of Burgeffes muft think themfelves peculiarly unfor
tunate in faUing under the Author's Cenfure for this.
They did not pref ume to defire that any Additions
fhould be made to that f acred Office, which they knew
was properly adapted to every Purpofe. They did not
wifh that any Thing particularly pointed or inflamma
tory fhould fall from the Pulpit. A general DKplay of
the Superintendence of Providence, and the Infiuence,
which a thorough Conviction and Remembrance of this,
ought to have, together with an implicit Reliance on his
Goodnefs, were the Doctrines, which they defired to
have inculcated, leaving the Congregation to their own
Reflections in making proper Applications. The People
of Bofton wUl have no Reafon to fuppofe that it was
our Defign to fob them off, in their unhappy Situation,
81

loith Fafting and Prayer. They will foon be informed,
\f they have not heard it already, how very cordially we
fympathife with thejn in their Difftreffes, and that we
Si.ye exerting every Means, in our Power, for their Relief.
Should we, indeed, purfue his Advice, it would be foh-
bing them off yfith a Witnefs. The Author, not having
profeffedly entered upon that long agitatecj Queftion,
refpectipg the Authority of Parliament to tax the Col
onies, I am very willing to reft the foint Tipon ^hat
^ath jbeen ^ready written by abler Pens, much |;o my
Satisfaction, apd to my thorough Conviction that they
Jiave no fuch Authority.
At length he draws to a Conclufion and tells us that
he has "fpoke pretty much in Generals, but, if called
"upon, can defcend tb Particulars." It would have been
obliging to the Public, if he had favoured them with any
farther material Obfervations; but what can he have
left unfaid, that would anfwer his Purpofe? That he
is determined to act with Caution, none, I believe, will
doubt; but I have lived to fee fome very cautious Per
fons fall through their deepeft Schemes. Could the
Author Suppofe that thofe fervile, dangerous Doc
trines, he hath advanced, would remain unnoticed?
With what Juftice or Propriety could he prefume to
cenfure what he is pleafed to ckll the Severity of fome
Men's Tempers, when he fo roundly charges thofe, who
differ from him in Sentiments, with Want of "Integ
rity;" with the ^'Arts of Diffimulation" and almoft
every Species of Bafenefs? Could he flatter himfelf
that ^^Men of Senfe" would not eafily fee through his
"Deception," and, as eafily, diftinguifh it from "Real
ity," notwithftanding the folemn Appeal he makes to
that great "Day, when the Actions of all Men unll be
"fully difcovered, and their Integrity known?"
82

It is more than probable that a Reply wUl be at
tempted to what I have written. Should it contain any
Species of Reafoning, worthy of Confideration, perhaps
it may engage my farther Attention ; otherwife, I fhall
indulge a filent, contemptuous Indifference; quite im
pregnable to every Af fault of affected Wit or Ridicule ;
thofe very defpicable Things, for which I acknowledge
myfelf to have neither Tafte nor Talents, efpecially in
a Caufe of fo ferious and important a Nature.
I chearfully accord with the Author's Wifhes, that
America may be reftored to "the fame Situation, in
"which it was, when our moft gracious Sovereign af-
"cended the Imperial Throne of his Royal Anceftors."
It is, farther, my moft ardent Prayer that all thofe uU^
happy Differences, which f ubfift between Great Brita/in
and America may fpeedily fubfide and be buried in
eternal Oblivion; that a perfect Reconciliation and in
violable Friendfhip may be eftablifhed on the moft per
manent Foundations, and, that both Countries may en
joy the inexhauftible Sweets of conf titutional Freedony
and Liberty, tUl Time fhall be no more.

83

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