Cbl8 YALE UNIVERSITY LIBRARY THOUGHTS ONTHE PRESENT STATE OF AFFAIRS WITH AMERICA^ AN a :5HE MEANS OF CONCILIATION^ [Price ^s.] THOUGHTS ON THE PRESENT STATE OF AFFAIRS WITH AMERICA, AND THE MEANS OF CONCILIATION. LONDON; Printed for J. DODSLEY in Pallmall j ANB T. CADELL IN THE Strand- MDCCLXXVIII. THOUGHTS ON THE Prefent State of AfFairs with America, AND THE MEANS OF CONCILIATION. THOSE who have any enthufiafm with re-' fpedt to public matters, atid who feel in their own minds a ftrong and cleaf conviad even in fome few inftances impofed ta^es upon thera which may be called internal, though I recoiled only that of the Poft Qffice. And ic feems to me an undeniable propofition, that before the year 1.754, it did not occur to Great Britain on the one hand, nor to America on the other, that there was any reafonable doubt of the unlverfality of the power of the Britifh Parliament, to bind the Colonies in all cafes whatfoever, although that power, except with regard, to matters of trade, _ had been, ufed very fparingly. I am aware oi what paffed in the reign of King Williarii, and., alfo that at differem; times fome of the Colonies bad claimed an exemption from the power of Parlia ment, and that fome of our ftatutes had not been, ftridly executed there ; but we never haid admitted thefg. t u 3 tliefe claims, and the Colonies had certainly ac-; quiefced. In the year 1754, however, the matter under went a very ferious difcuffion. The common. danger of the Colonies from the impending French war, oecafioned a meeting at Albany of Commlffioners from many of the Colonies, who formed a plan for eftablifliing a Grand Council, of members to be chofen by the feveral Affemblies, which, with a Governor General to be appointed . by the , Crown, fliould be empowered to make general laws to raile money in all the Colonies for the defence of the whole. This plan was fent to Government here, for approbation. The plan was not approved; but a new one was formed in place ofit, by wbich it was propofed that the, leveral Governors, and one or two members of each Council fliould affemble, and be empowered to determine on proper meafures for the common fafety, and to draw upon the Treafury of England. for the neceffary expence, and chat the Treafury ftiould be reimburfcd b/ a tax upon Americ:i, re be impofed bythe Britifli Parliament. This nev/' plan was communicated by Governor Shirley to X)r. Franklyn, then at Bofton, who having de livered his fentiments upon it in converfation, he was. defired by Governor Shirley to commit to writing the particulars which he had ftated in that converfation. This he did in a letter ad-' dreffed to the Governor, which oecafioned a fecond converfation and a fecond letter. Thefe letters wer? no doubt tranfmitted home by Gpvernor Shirley, [ '5 ] Shirley, and I dare fay will be found in the pro-' per office here, ^nd the effed of them was, that -no mention was made of taxing America during that war. A Congrefs was afterwards authorifed to meet, and feveral requifitions for aid were made in name of the Crown to t^e American af femblies, which were complied with in a very li beral manner. The letters were afterwards pub liflied in the London Chronicle of Sth February 1766, and have fince been republiflied in a French Edition of Dr. Franklyn's works. I have npw fubjoi^ned them in the Appendix. In thefe letters the American objedions to their being taxed by the Britifti Parliament, are fully, ably, and clearly ftated ; and thofe who read them with attention, will probably think, thaf hardly any thing new has fince been fuggefted upon that fubjed. The fubftance of the argument contained in the letters is, that the Americans, by the reftridions im-, pofed upon their trade, did in fad contribute their proportion to the general public expences : That therefore any farther taxacibn would be unjuft : That tbey are not reprefented in' the Britifti Parlia- pient, and therefore the power of taxiftg them could not be fafely trufted there; That their own affem blies were competent to the power of taxing them, and being cholen by them'felves, were not likely to abufc that power : That the compelling the Colo nies to pay money without their confent, would be hke raifi nig contributions in an enemy's coun- ' try. -try, and would be treating them like a conquered people, and nbt as true Britifti fubjeds. Thefe papers prove beyond difpute, that thk American bbjedio-ns to parliamentary taxatioh), were not firft fuggefted by fadious men here, but were the refult of ideas which naturally occurred amongft thtrtifelves. Dr. Frankiyii had indeed been in England in his early youth, but returned td America in 1728, long before this queftidn WaS ftai'tfedi ahd refided in America till about the yea*- i75'8. The light which the Earl of Chatham ma| have derived froth thefe letters, will, perhaps, ac* ^ fcount for the 'lirte of condud which he obferved in avoiding all attempts to tax America, during the War of 1756, though that war was confidered as ondtrtaken chiefly on account of ^our American Colonies, and S'lfo for the oppofition which hfe gave to that meafure when propofed by Mr. Grcn^ ville, and for the urtiform fentiments which he has cntertaintd concerning it ever finte. Havifiig premifed thefe obfervatlons, let Us cbh-* fiderthfe mferits of fhis queftion a little more clofely.' It muft appear, I acknowledge, at firft fight, an extraordinary propofition to an Englifhman, that there fhould be any bounds to the power of King, Lords, ahd .Coriimons, which, from'^iis ihfalicfy, he his been tatight to confi'dter as fupreme ; and it will btedifficull for him to admit, that the Patlismerit of England, which has proteded the libfertiesOf this country, and has exercifed without c"ontroal the power -of taxing us, ftiould not be confidered as fit to be trufted with the power of taxing C n > t^ifcing^ the Colonies. That when fo great a part^ of tlip inhal^itantsofthls, kingdom, are taxe4 with out being reprefentpd, the .Americans fhquld. pre tend that the fame; pradjc? ought pot tocjctend to, them, and that they canbe well-founded in main- ... . ¦ . ., f . . .t,. . ._. taining fo dangerous a dodrine, as ,that j:he fu- preme power of the State' is limited in its autho iity, and the unity- of empire deftroyed, with re fped to a particular pai't of that State, and with refpe^ to a part too, which was confidered as very pnfgual to,? qonte^ witja thewliqle., jBvH ijiietieft /Baethod 0|f judging fairly, in que- fliioins T*itb:Q^hers,. is to. put one's felf jn: the oppo fite place. Let us fairly coafider, for what reafon it is, that ths ,Br,iti;fti Parliaraent has been trufted, almoft without complaint, for fo many ages, with the power of taxing t|ie uTfr^refent.e'd part of England, in order to fee, .if the l^e reafon. will apply to America ; for 1 do net of many who are taxed 'f and are not reprefented. The India Com- 5^ pany, Merchants, Stockholders, Manufadurers. I '^ purely - [ 29 ] *' Surely many of thefe are reprefented ih other *' capacities, as owners of land, or as freemen of "boroughs. It is a misfortune that more are ¦" not adually reprefented. But they are oil Jnha- •' hit ants,, and,, as fuch, are virtually reprefented. " They have connedions with thofe that ele£t, " and they have Influence over them. The gentle- " man mentioned the Stockholders. I hope he " does not reckon the debts of the nation as a " part of the national eftate. " That the Americans, however, felt the full ¦force of this objedion, though they have not ftated it in words, there can be no doubt. The quef tion was ftirred in 1754, and the dangerous con- -fequences explained hy Dr. Franklyn, refiding in America, long beforethe Stamp Ad. That ftib- fequent attempt in 1764, recalled their attention to it, and it was difcuffed in many printed'pam- phlets, and in moft of their news- papers. It is well known, that the loweft clafs of people in Anierica, are taught to read, and that publica tions concerning public matters, which, being untaxed, are cheaper there thar. here, are univer fally difperled. In fuch a country, it was eafy to intereft every man, from the higheft to the loweft, in a queftion of fuch infinite importance to all ; and this feems to account fufliciently for the united and perfevering refiftance, they have hitherto fuc- cefsfuUy made. Whether from the amazing force of this coun try, we might not have fuddenly overwhelmed them, if the -degree of refiftance had been fore- feen, I so ] feen, is a qiieftion, which it is not neceffary for me to difcufs, my objed being only to ex-' amine the grounds they had for that refiftance. But it may be faid, that if it is admitted, that Parliament had always exercifed a fupreme autho^ rity over the Colonies, it is not a. fufficient ground to overturn an eftabliflied right, to affert, that fuch a right is liable to abufe, and that good rea fons can begiven why it ought never to have exifted. I allow that this argument has great weight, becaufeia contrary dodrine would unhinge moft of the Governments which now exift in the world ; but in the prefent cafe, the exercife of taxation, with the exprefs view of ralfing a revenue in the Colonies, was an innovation-,. the Colonies had not acquiefced in it ; the matter came to be difcuffed upon the firft avowed attempt ; they law the dan ger, and as ic was contrary, in their apprehenfion, to the fpirit of the Conftitution, which in this ifland has eftablifhed conftitutional checks upon thofe who impofe public taxes, itis not to be wondered that the Americans refifted the claim. The right of Charles I. to levy fliip-money with out the confent of Parliament, was much better founded in precedent, than our right to tax Ame rica ; but our anccftors wifely thought, that even thefe precedents, however ftrong, could not fup port a power which was fo dangerous to their liberties. Biit it has been faid, that the Americans had all along a fcheme of Independence, and that our claim of taxation was only the pretext made yfc of [ 31 ] of for refiftance, and not the caufe *, that this was difcovered by Monfieur Montcalm, when in Ca nada, as appears by his letters lately publiflied ; and that after the conqueft of Canada, when they were relieved from the apprehenfion of the French power, their plan, which had been long meditated, was completely formed, and the ftruggle muft have taken place fooner or later; and that it was an advantage to us to bring it to a trial of force now, rather than at a later period, when their power and their refources would have been greater ; and that it was particularly fortunate for us to bring the queftion to a determination by arms, at a time when we were at peace with all the reft of th? world. This argument, I know, has made impreflion on many fair and honourable mind.s, and there fore it deferves a particular examination. The following reafons convince me, that the Americans in general, had no defire to render themfelves independent of the Britifli Govern ment. In the firft place, it is a certain truth, that, man kind are not difpofed to alter a government to which they have been long accuftomed, and under which they have enjoyed felicity ; but no pepple ever enjoyed a greater degree of profperity and happinefs, than exifted in America, till the idea of taxing them was adopted in this kingdom ; they fubmitted to the laws of trade ; they even fub mitted to the Admiralty Courts, where the judges, uncontrouled by a jury, were tilllately, paid by .a fliare [ 3^:. r fliare of the condemnations. Thefe Admiralty) Courts, were empowered to judge in revenue quef-j tions, with a view to enforce more ftridly, the laws of trade ; and we refufed to truft fuch quef tlons to juries, from a fufpicion, in my opinion, weak and ill-grounded, and rather chof& to rifk. the difguft which might arife in America from the partial and interefted determinations of very low. men, whom we appointed judges, than run the hazard of a few cargoes efcaping condemnation, by the partiality of juries, who were to give their verdids upon oath. With the fame view to taxation, we determined , to make the Governors and Judges independent of the Provincial Affemblies. Before the idea of taxation took place, it was the pradice for the Affembly to vote a falary to the refpedive Go vernors, and alfo to the Judges; and no incon venience to this country was felt from it ; but much good arofe to the Colonies, from this con troul over the executive and judicial powers; but when we propofed to counterad the inclina-- tions of the people, it became neceffary to remove all controul upon thofe whom we fliould appoint to thefe offices. > The republican form of the American confli- tutions, then too, began to give us difguft, for, from the reign of King Wilham tiUihen, we had, felt no inconvenience that deferved to be men tioned from that clrcumftance ; and, if their con- ftitutions were fuch as gave fatisfadion, and fe cured gopd order in each Colony, what motive V- but [ 33 ] bat tax:ation, couM induce Us to find faUlc with them? From fimilar motives it was, that James II. attempted to deftroy the conftitutions of all the corporations irt England^ by virtue of quo >war- rantos, becaufe he wilhed to govern without con troul. The refiftance made to himj and to his father Charles I. did not proceed from any pre vious plan of independency, but certainly arofe' from their encroachments ; and yet the affertors ef our liberties, in thofe times, were accufed of ading merely from ambitious views. That the Colonies in America might have been governed with eafe, if we had entertained proper fentiments, is proved, to my convidlon, by the following. fad : — The conftitution of the Mafachufetts Bay is, by far, the moft republican of any in America, Rhodq Ifland perhaps ex cepted* It is that Colony which has always been confidered as the moft averfe to the Englifh government, and to have been chiefly inftru- mental in lighting up the prefent flanien in Ame rica. In that Colony not only was the Affembly chofen by the people, but the Council, which, in moft of the other Colonies, is appointed by the Crown, or by the Governor, is there chofen by the new Affembly, and fuch Members of the old Affembly as are not re-eleded, the Governor having only I think a negative. Notwlthftanding this is the form of the conftitution, yetl am af- fured, by undoubted authority, that it has al moft always happened, that the perfons fup- F ported C 34 ! ^•ited% the ineereft of-the Governor^ haveteerf chofen CounceUors ; and that in no inftance, ion Ffriany year s~ batk, was the eledion of tbe Council carridd againft the wiflies of the Governor, except that of. ihe > laft Council,' which was chofen im- miediately before^ the Mafachufetts Charter Bili.v and, notwithfl^nding the agitatbn of men's minds. at that crhical period, it required a great deal. of addrefs and ftratagem, even thien, to: catry the eledion of the Council againft the Go- ¦vernor *. . , - Nor will this appear extraordinary to thofe, *ho confider the great weight, which the execu tive power always muft. have, in every cOuntfy,' where attention is paid' to govern mankind agreeable to their inclinations. The office of Couneellor was in that Goiony an objedt of am bition, and thofe who afpired' to obtain ir, knew Ifhe importance of having the fupport of tbe Go-^ ¦Vcrnor's intereft in the Affembly ; by adding that weight to the fcale of either candidate, the party »?hich he efpoufed was fure to prevail. * The Aritag^m I am told was this : An einioent poJi-^ tician there, fuggefled to his friends, that he thought, in the agitation wh-.eh then prevailed, thc^jr might be able, by ad- d-refs, to carry the eleflion of CounceUors againft the Go,- vernofi He propofed tb eleft Mt. Hancock Speaker of the Affembly ; and, as he wa^ fare th«~.G<>WBRJtr would make uft ef his negative, aoxl rejeft him, the Affembly, he faid, would bd epflamcd, and if the eleiftiow.of Counceyors was immediately brought on, he hoped their lift would have a majority. This plan was followed, and the ekflion of CounceUors was carried i>y a fmall majority i. " •¦'-.' • . ¦' (- .2 • The 1^35 ) ¦ 'The Governor had few offices of profit to- be ftow, and no fund fo^ bribery out of the public , money, and yet, by common attention jn ma naging the paflions of men, the influence of the officeof Governor was, at all times, very great in that fettlement, though not always held by me,n of the firft abilities, adly. The Colony have uniformly, denied this charge of independence-, not only, has it been denied, by the Congrefe in their printed, deqlaration, but it, has been denied in ftill ftronger te^ms by the particU;- lar Colonies. Thus the Co|Q6jr of North Carolina^^ in their addrefs to the inhabitants ofthe Britiih Em- pire, dated Sth Sept. 17 75, has difelaimed the accur, fation with evident marks of honeft fincerity. " Wp *' have been told that independence is our ob- *' jed -, that we feek to fliake off all connediotv ." with the Parent .State, Cruel fuggeftion! dp " not all our profeflioHS, all our adions, uni- *' formly <:ontradid this ? We again declare, and *' we invoke that Almighty Being, who fearches *' the receffes of the human heartj and knows " our moft fecret intentions, that it is our tttofl: *' earrieft wifti and prayer to be reftdred, with " the other' united Colonies, to the ftate in *' which we and they were placed before the year " ^7^3» <3^hpofed to glance over any regulations *' which Britain had made previous to this, and "which feem to be injarious' and oppreffive ro ^< tKefeCblohies,' hoping- that, -at fome fnturt .*' day, fhe wijl benignly interpofe, and remove " froiii us every caule of complain;." '"- ¦' ' ¦' .'¦ ':F'- i'- ' ' ' '- -Thfe C 3S J The Congrefs, in the declaration fetting forth the caufes of taking up arms, 6th July, 1775, has been alfo yery explicit : — " Left this decla- *' ration fliould difquie't the minds of our friends- " and feflow-fubjeds, in any part of the Empire, ' ?' we affure them, that we mean not to diffolve " that union which has fo long and fo happily ^' fubfifted between us, and which we fincerely *' wifli to fee reftored. Neceffity has not yet *' driven us into that defperate meafure, or in- '* duced us to excite any other nation to war •' againft them. We have not raifed armies ** with ambitious defigns of feparating from *? Great Britain and eftablifliing independent *? ftates. We fight not for glory or for con- *' queft. ' We exhibit to mankind the remarka- *f ble fpedacle of a people attacked by unpro- *f voked enemies, without any imputation or *' fufpicion of offence. They boaft of their pri- *' vileges and civilization, and yet proffer no ^' milder conditions than fervitude or death." If it is faid, that thefe declarations are not to be trufted^ it cannot be denied, that they are a proof, at leaft, that thofe who made theni thought it unfafe to declare any other fentiments, an^ that therefore the great body of the people were averfe to the idea of independency, and, in fucji a fituatlon, nothing but unwjfe pondud on out part, could have deprived us of the allegiance of ^ people fo difpofed. gdly, It'is well known, that after the fate qlf |heir laft petition to his Majefty, and after all the " ' ' adsi E 37 ] ads which we afterwards paffed, yet, when the vote of independency was propofed to the Con grefs, it was carried by a very fmall majority the firft day, and on the fecond day the votes were equal, fo that the queftion went off for that time. • 4thly, As I know of no fads which prove that the Americans in general entertained ideas of independency, before our plan of taxation, and as they could not, I think, have any reafonable motive for entertaining that idea, fo there are many fads which prove the contrary. The re- queft which they made after thefe difputes com menced, to be put upon the fame footing as they were in 1763 ; and the petition of the Congrefs to his Majefty,' prefented to the Secretary of State on the ift of Sept. 1775, " Submitting tohis " Majefty's wife confideration, whether it might " not be expedient, for facilitating the purpofes *' therein mentioned, that his Majefty would *' be pleafed to dired fome mode, by which the " united applications of his faithful Colonifts to " the Throne, in purfuance of their Common f* Councils, might be improved into a happy *' and permanent reconciliation," feem to me con curring proofs that independency was not their aim. If it be faid, that the Americans in general niight not aim at independence, yet, that this was the. idea of many leading men amongft them, and would, one day or another, have been the general yyilh. It firft remains to be proved, that any fuch men t ^* I men exifted amongft them. It is plain that Dr. Franklyn, in .1754, entertained no fuch notion; and, if it had been the opinion of fome parti cular perfons, will any wife man believe, that if ourgovernment in that country hadbeen well ad minlftered, the favuflrableopinions ofthe great body ofthe people, could have been perverted fo much, as to make them rcn6uoce prefent eafe, happi- fiefs, and fecurity, to purfue an uncertain phan tom, which,' when attained, might difappoint their fanguine hopes ? 5thJy, I think it plaioj that his Majefty's Mi nifters did not believe, that this was the general difpofition of America ^ and if tbey who had an opportunity of tbe beft intelligence upon the fub jed did nqt believe it, Ithink it impoflible that sl^ere could be any truth in the accufation. That they did not believe it, feems to me, to be prdved by-the -famous circular letter of Lord Hilftio- tough, after the repeal of- all the duties impofe4 by the ad 7*h of his Majefty, except on tea, and addreffed to the American Gover nors, to be com- municafed by them to the feveral affemblies ; in which the moft pofitive affurarices were given, that it was not the intention to impofe any fur* ther duties viptm America by authoifity of thp Britifli Parhament. If the Colonies had been- f&. rioufly thought to aim at indtpe^d^cyv to >yhat purpofe was this declaration. ' But, if it was b&- teved, thatthe true caufe of their luneafinefs, pro ceeded from our cliim to taxation's thefe aff^r .. r?0<5fts I m I ranees 'wet« prqpcr, and calculated to anfwer.. a good purpofe, as they certainly did. If his Majefty's Minifters had believed inde pendency to be a prevailing :idea in America, would they have fent fo inconfiderable'force, as they did at firfl:, under General Gage, fufEcient only to quell a few fadious rioters ; or would they ha v» affirmed, as they., did repeatedly to Parliament, that the friends of Government were very nu merous in America, and. that it was only the vio lence of a fmall number of fadious meo, which had prevented our friends from fliewing their in-' clbatioiis ? The conciliatory propofition of Lord North, moved in the Houfe of Commons, 27th: February 1775, and the ^d of Parliament^ em powering the Crown to fend out Commifljoners to, grant pardons, and with private inftrudions,: pro^: ^bly of a more extenfive nature, would have been ridiculous, if admiiiiftration bad ferioufly believed, that the Americans in general aimed at indepens ^ence, j6thly. If independence bad been in the con-i texoplatiop of America, can w? fuppofe, that they would have left themfelves fo ill provided with the means of fupporting it, as they certainly were at tbe beginning of thefe confufions. . The riot at Bofton in 1 774, when the tea was deftroyed, was merely a refiftance to a particula* tax they difliked, and no? the Refult of any deep laid fcheme of independence* ; at the fame time, * The tea in all the other.Qoionies. wgs fent back, and was deftroyed at Bofton, frojoi the obftinacy ofthe Confignee, whp refufed to permit the ihip'to return to England. it I 40 1 it would not have been furprifing, if the Ameri-f cans had been much better prepared than they were for refiftance, confidering the condud of Parliament foon after the repeal of the Stamp Ad, when the plan of taxation was refumed, and the unneceffary and un produdlve tax upon tea was repeatedly refufed to be repealed. It feems unfair to urge as a proof that they aimed at independence, the fpeculations of philo- fophers, with refped to the probable ftate of America, at a diftant period of time, when it is fuppofed, their numbers and wealth fliall greatly exceed thofe of this country. Thefe fpeculations,- however ingenious, are merely conjedural, and could not be fuppofed the real motives of con dud, in the minds of any confiderable part of the prefent inhabitants of America. With t-efped to the letters of Monfieur Montcalm, T believe them to be fiditious, and certainly their authenticity, is by no means afcertalned. If they had been genuine, it is not probable that they would have been fo long of making their appearance ; but it was eafy to prophecy, as thefe letters do, after the event had happened. There have been fo many publications in France, of -letters as ge-^ nuine, which were afterwards difcovered to be the mere works of imagination, that no wife man would chufe to reft his belief, concerning a point of fo much confequence, upon the chance that thefe letters are not invented but real. But it will be faid, their late declaration of independence, is a declfive proof that they had • no C 4» ] ho other objed from the begirtning. Was the i-e- publican eftablifliment in England, after the long ftruggle with Charles the Firft, a proof that the great body of the people of England tdok up arms from the beginning, in order to eftablifli a i-epublifc ? If 1 have been fuccefsfiil in ftievving, that the Americans had juft grounds for the moft ferious alarm, from our claims bf a pbwer to tax them here, and to alter their charters of Govetri- hient ; if they had more than an intimation, by the Quebec Bill, what was the fort of conftitution we wiflied to introduce in all the prbvihces, we have ho need to fearch further^ fdr motives fufficient to induce a jealous, enlightehedj and high-fpirited people, to take up armsj without fuppofing that independency was ever their ob jed. But when they found that we paid no atten tion to their fears and jealoufies, but that after lending a force to Bofton, under General Howe, which viiss compelled afterwards to leave it, we pirepared and fent out a much greater force, and paffed feveral ads of Parliament, which fliowed bui- difpofition to reduce them to unconditional ftibjedion j but above all, when his Majefty was advifed td rejed, without an anfwer, the laft peti- tition of the Congrefs ; it feems to me, that the Amerifcans had no option left, but either to fub- thit as a conquered people, and Jepend on the gerterofity of thofe who had been taught to view theni in the moft contemptible light, or to declare themfelves independent, in order to eftabhfti fome tegular form of government amongft themfelves, G and [ 4* } and to entitle them to treat for affiftance wltfr other powers. From the viev(^.l have taken of the fubjed, t think it muft appear to every man who will perr mit himfelf to judge without prejudice, that the objedion of the Americans) to their being taxed by ^;his country^ was not an unreafonable caprice, but of a moft ferious and important nature ; and that the Britifli Parliament,, being neither elpdec^ , by them, nor impofing at the farae moment on themfelves and their conftituentSis the taxes they were to vote on America, had not thofe conftitu tional checks, to prevent an abufe of that dange rous power, which is in truth the effence of the Britifli Conftitution. It will alfo appear, that by the fyftem adopted with refped to the Colonies, in eftablifliing a monopoly of their trade, we had in fad exaded from them a proportion of our pu blic burdens ;. that if we had been wijling to give thera a reprefentation in the Britifli Parliament, it would have afforded them a very feeble pro tedion, unlefs every tax; impofed upon America, was to be at the fame time impofed upon our felves ; that we could not, in juflice,, impofe upon them all our own taxes, and yet tax them at the fame tinie, by preferving ouf monopoly; and that even, if a method could have been devifed, of fixing a proportion to be paid by them now, as a full equivalent for their prefent proportiOjn of the public taxes, and that they ftiould never pay more in future, except a fimilar proportiqri of fuch, increafe of taxes as we might hereafter make I 43 1 make upon ourfelves; yet ftill they woqld ntxt have been put upon a fair footing with us, unlefs they were allowed to fend reprefentatives to Par liament, in order to guard both us and themfelves againft any fuch increafe ; and ir would have been farther neceffary, in ftrid juftice, that our laws of trade with refped to America, fliould have been fixed, fo as to prevent any poflible increafe of the burden upon them in that relped ; for as thefe laws are not of a general nature, but are made to burden America only, without at the fame time burdening our own conftituents, the Britiflj Parliament would, in al,l queftlons of that kind^ have wanted th.at .conftitutional check, which is the effence of the power of taxation, and the fup pofed reprefentatives from America, would h^ve been a,ble to make too feeble a defence in fucl^ fort of queftlons againft the united intereft of all the other INlembers of our Britifli Hoiife of Com- .mons. I believe there are .few even of the moft zea- .Ibus in fupport of the American war, who would in private converfatign affert as their, opinion, that his Majefty's American fubjeds ought to be on a worfe footing with refpe.d to taxation, than tbe inhabitants of Great Britain. Qn the contrary, the conftant language is, that the AmericaiiS demand privileges which do not belong to Bfitgns ; tha,t they ought to bear their proportion of the public bur dens ; that they have taken arras in the face of the |a^y of the land, and the conftitution of the e.n?- [ 44 1 pire ; and that nqt contented wi^h a participafiot?, of the happy conftitution of this country, they have aime^ at privileges, in claiming an exemp tion from Parliamentary taxation, which. we in jhis ifland cio not enjoy ; that this war is meant to reflore liberty to the Americans, to reftore to them the rights and privileges of the Britifti Con ftitution, and to refcue them from the defpotifm of their fadious leaders, and of that Congrefs which they^had ekded. But from what has been faid, I apprehend it to be clear and manlfeft,' that the pOvver of taxing America cannot be trufted with the Britifli Par liament, with the fame fafety, as the power of taxing Britain ; that .the Americans would be on a worfe footing than us, and would be deftitute of thofe checks, which controul in Britain the ^bufe of taxation ; and that when we infift upor? |)utting them on that footing, we defire what is unreafonable for us to aflc, and for them to fub mit to. Ought they not then to contribute to the bur dens of the ftate ? They certainly ought, and by the reftridions impofed on their trade, they cer tainly do contribute very largely ; but perhaps they do not contribute their full proportion ; the long poffeffion of tfieir exclufive trade, has, t believe, given fuch advantages to the Britiih ma- pufadurers, tjiat they are now able to furnifli a great part of our manufadures to the Americans cheaper thaii they could be purchafed elfewhere ; and therefore, the confining tbe Americans to take t * ( i -. *'„ thefe fratf> vis, is no hardfliip upon themj and is, in truth, unneceffary for us. I believe too, that much relaxation might be made with refped to J!he regulations; of their trade, with greac advan tage to them, and without any material injury to us ; and if that were done, they certiainly ought to contribute in another vvay to the public burdens of the State. But I would wifli to know, jf we might nor fafely truft, that fuch contribution would be chear fully granted by their own affemblies ; as is done by the Parliament of Irelarid. There is certainly nothing unconftitutional in that mode of obtaining" a contribution from part of the E.rapire, otherwife Ireland would not have been fo long exempted from ParUamentary taxation. It has been faid, however, that fuch a mode might become dangerous to the liberty of this country, becaufe the King would thereby have 'the means of levying money without the confent of the Britifli Parliament, and by obtaining mo ney from the American Affemblies, the Crown might, at fome critical period, be rendered in dependant of the Britifti' Parliament. But this objedion, which applies equally to the cafe of Ireland, is certainly not founded On any very probable conjedure, and could eafily be obviated, both with refped to Ireland and the Colonies, by paffing $n ad, which would bind his Majefty, tbat all a<5ts of affembly, or of thelrifti Parliament, containing grants of money to fhe Crovyn, and^ not approptiated to fpecial pur»- I'" ' ' ' ' ' . pofes . I 4-9. 3 pofes in the Colony, fliould, before they are nead the ihird time in America or Ireland^ be com- Eiunicated to _both Houfes of the Britifli ParUa ment, arid receive the approbation of each by a refolution, and be entered in itheir journals. It is faid, however, that it is not to be ex peded, that the American Affemblies, would vote their money for the public fervide, becaufe tiiey would have no controul, like the Britifli Parliament, on the expenditure of the money which they might grant; tbat being removed from the feat of government, the influence of the Crown would be fo weak, as not to be able to caixy apy queftion ; and that, as by their re- fufal to grant, the wheels of the whole ma chine would not be entirely ftopt, as in the cafe of a iiefufal to grant the ufual fupplies here, there would not be any natural and permanent com- pulfion upon .their aftemblies, to malte fuch grants ; and that therefore, to give them the ex clufive privilege of .voting their own money, would, in effed, be giving them an entire exemp. tion. This argument is plaufibie, and, I doubt nor, has made an impreffion oa many difpaffionate and impartial men ; but has the experience of Ireland juftlfied this theory ? Did not Charles the Firft con ceive the fame ideas concerning the impradicability pf obtainingproperfuppli.es of money from anEngr iifli Houfe of Commons ? and h^s the experience 9f the laft century juftified thefe fufpicions ? It is, j^owever, extrepely probable,; that the American Aftemblie^ [ 47 ] Affemblies would at firft-have been very fparing of their grants, that they would have infifted on the redrefs of many grievances, that they would have ftlpulated concerning the appUcation of their mo ney before they had voted it; that they would moft probably have arraigned the wafteful condtid of minifters, and would have propofed many methods for leffening the expence ; but I am convinced, that if tbe juft complaints of the Americans had been liftened to, and their confidence gained, the American Affemblies, whenever there was a real ground for afking money, would have granted liberally ; and, as a lover of this Conftitution, I fliould have rejoiced, that the difficulty of obtain ing money from the American Affemblies had exifted, as a frefli motive with minifters for good condud, a'nd to compel a proper exercife of the executive power. The truth is, that where men are not afraid of encroachments on their liberties, and their minds are not loured- by improper treatment, their reprefentatives, in place of being too niggardly, have, on the contrary, been too lavifli; in voting the public money, and the weight of Government is fuch, from the natural tendency of mankind to be governed, and from the defire which moft men bave for honours and diftindions, that even in very weak hands, and without the aid of bribery, the executive power can always obtain, in popular- affemblies, much larger fupplies than, in wifdom and prudence, it ought to obtdn. Having I 4S 3 -Having thus taken a general view of the argu ment in favour of America, to which, as it ap pears to me, this country has not allowed fufli^ cient weight, and to which, I think, no fufficient anfwer hks ever yet been made •, I come next to confider ho^ far the Atflericans have allo-#ed proper ¦weight to the afgtiment in favoQr of t^'e clairris , of this country. And here I muft obferve^ that it waS natural for this country to think, that America ought to con tribute to the public burdens of the State, and that it wa« alfo Very natural for us to conceive^ that the Parliament of Great Britain had full power to impofe taxes upon them, fince we had not only made laws to regulate their trade, but had even, in fome few inftances, impofed internal taxes ; what reafon had we, therefore, to doubt of our power by the conftitution, to impofe ta)ies tipori them. The non-exercife of our right could not take it away, as that might, with reafon, be afcribed to the inability of the Colonies to contribute. The doubt of the power of Parliament to tax America, can hardly be faid to have- exifted in America it felf, before the year 1754, when the matter was for the firft time canvaffed in the papers annexed in the Appendix. It was not the idea of Mr. 'Grenville to make ufe of that power, if the Ame- « rican Affemblies would themfelves have impofed a tax, to ralfe the fum which he defired, and it w-as' upon their refiifal only, that he made the motion' for the Stamp Ad in the-' Britiih Houfe ef.Com-^ mons'. C 49 ,] mons *. I have already admitted, that it was of the utmoft importance to the Colonies to refift the impofition of taxes by the Parliament here, and even to refufe impofing taxes on themfelves, equivalent to the fum which. IMr. Grenville de manded; becaufe I agree with the American ar gument, that if the Minifter or the Parliament, here, were to name t.he fum, it i; but a fmall ad vantage to them, to be made the judges of the mode of raifing it ; for fuch a privilege would have refembled only the option given to Socrates, to chufe between the different modes in which he fliould be put to death. Mr. Grenville's propo fition, no doubt, proceeded upon the fuppofitlon of an undoubted power, vefted in Parliament, to tax America,' and upon that fuppofitlon, it was an indulgence to permit them to raife the money under the authority bf their own Affemblies ; but as the Americans, by that time, were fufficiently enUghtened to underftand, that if Parliament was ¦ to tax them, there would exift no check or con troul, as with us, upon the exercife of that right, they determined to refift the attempt of taxing them, either diredly by Parliament, or indiredly by infifting upon theif raifing a fpecific fum by authority of their own Affembhes. • I know it has been aflerted, that Mr. Grenville did noc give any option to the Colonies, to impofe an equivaleac tax upon themi'elves, but required ofthem to point out fome other tax equally produdlve, to be fubftituted by the Britifh Parliament, in place of the ir>ter.ded Stamp Afl ; but I have always underftood the faft to be as I have now ftated it. H' Mr. C 50 1 Mr. Grenville might be excufed in the method which he purfued, thinking, as he no doubt did, that our right was clear; and certainly he fliewed a.difpofition to ex'ercife it with difcretion, both by the previous offer which he made, and by his choice of the tax upon Stamps. But I cannot help thinking, the Americans were here in fome degree to blame, for as their claim to exemption from Par liamentary taxation, was not furely an obvious pro pofition, they had no reafon to be furprized, that it was not immediately admitted; and as they could not reafonably deny, that fuppofing their right to exemption clear, yet it was juft and fit, that they fliould contribute in fome degree to the public burthens ; I think, that inftead of flatly re fufing to impofe any tax whatever on themfelves, when Mr. Grenville difcovered fo ftrong a difpo fition to conciliate, they ought to have offered to raife fuch a fum as they themfelves thought rea fonable, refufing, at the fame time, to admit the claim of a Parliamentary right to tax them, or confequently our right to infift upon their voting themfelves any fpecific fum. Whether or not this would have prevented the paffing the Stamp Ad, and would have diverted the ideas of this country from attempting to en force ParUamentary taxation, and would have in duced us to rely on the grants of the American Af femblies, it is impoffible now to fay • from the good fenfe of Mr. Grenville, notwlthftanding his inflexibility, 1 think it would ; but at any rate, in a new and g.reat queftion of this kind, and where it [ 51 1 it was impoffible to deny that the State had a claim to fome aids from America, I think it would have been wifer and more becoming, upon the part of the Americans, to have lield out to the Minifter and the Parliament of this country, a golden bridge, in order to avoid bringing to an immediate decifion, a queftion of fuch magnitude, and involved in fo much difficulty. I The Americans ought furely to have confidered,' that it was not an eafy matter, to draw the line be tween the power of legiflation and taxation, fince in the Britifli conftitution they ha^ appeared to be always united ; for though Ireland had never been taxed here, yet there exifted, in the Statute Books, an exprefs ad, declaring, that Parliament here had power to bind them in all cafes whatfoever ; fo that the right feemed to remain, though not exercifed. This therefore was a political queftion entirely new, and neither party had a title to condemn the other for the oppofite opinions they entertained concerning it ; but leaft of all had America a title to condemn the opinion of this country, becaufe we had been in the exercife of the power of regu lating their trade, and of levying indiredly by that means a tax upon them. I admit, that there was much lefs danger in that exercife of our power, than in diredly taxing them ; and that our Par liament may be fafely trufted with» making general laws of regulation, though not with that of taxing in a dired manner ; but certainly the diftindion could not be expeded to be admitted as a felf evi dent propofition, upon its firft being mentionedj H 3 and r 52^ I and there was not fufficient ground,- on account merely of our denying its truth, to impute to this country a determined refolution, to reduce our fel- low-fubjeds to Qavery, though 1 admit that, in time, fuch might have proved the confequence. I acknowledge, that as by paffing the Stamp Ad, Great Britain infifted on fo dangerous a right, the Americans were reduced to a moft difagreeable dilemma; for if they fubmitted in one inllance, after the queftion was ftirred, they could hardly afterwards have made any cffedual oppofition ; efpecialiy as their fubmiffion would have been im puted to fear ; but I do not think, they had juft grounds to confider Great Britain as ading on that occafion from any oppreffive motive, fince the queftion of right was certainly doubtful ; and after the Stamp Ad was repealed, and all the duties contained in the Ad 7th of his Majefty, except on tea, were alfo repealed ; and after the affur- ances contained in Lord Hillfborough's letter, they ought, and might, in my opinion, have re lied, that no further tax would have been impofed upon them ; at leaft, they ought to have delayed any violent meafiires till fpme tax had been adual ly impofed, which I am inclined to think, wbuld never have happened. The permiffion granted by Parliament to the Eaft India Company, to export their tea on theie Own account to America, in place of felling it to -Other exporters, was certainly no new tax, and tended to furnifli the tea cheaper to the Ameri cans. C 53 ] cans, . That permiffion was oecafioned by the un fortunate circurnftance of the India Company having overftocked their warehoufes with tea, and requiring fome aid to enable them to difpoie of it more readily ; but not from any view of impofing a new tax upon America ; and undoubtedly the Colonies were to blame, in fufferlng themfelves ,to be inflamed by thofe, whofe profits by fmuggling were likely to be affeded, in confequence of this proceeding ofthe Eaft India Company, if the Colonies had aded upon that occafion with more temper, thefe unfortunate convulfions would not have happened ; for I am convinced, that the tea duty was refufed to be repealed, more from an ' idea ofthe neceffity, in point of dignity, of pre ferving this mark of our right, than from any fe rious intention of ever afterwards impofing du ties on the Colonies, with a view to a folid re venue. The dignity of a nation is certainly a little con cerned, not to give up a difputable right, when it is denied with ads of violence, though itiofes no dig nity in forbearing for ever the exercife of fuch a right ; and as the permiilion granted to the India Company was no new tax, the Americans had not, I think, fufficient ground from thence to conclude, that this country did not mean to forbear for ever the exercife of that right of taxation which gave America fo much alarm; and though I can make great allowances for the jealoufies of freemen, in a point of fo great moment, yet I muft condemn I thofe [ 54 ] thofe who endeavoured to excite it upon that oc cafion. Idonot mean to enter into a juftification of the proceedingsof Parliament, in confequence of the deftrudlon of the tea, becaufe I did not, and do not now, approve of them. The Bofton Port Bill indeed, if it had not been clogged with fome un fortunate claufes, and followed by the Maffachu- fet's Charter Bill, might have proved a falutary and effedual meafure.— But I haften to another point, in which I conceive the Americans were too precipitate ; I mean in their rejeding the pro pofition made by Lord North, with a view to con ciliation. Lord North, on the 27th February 1775, very unexpededly, made the following motion in the Houfe of Commons, which has been diftinguiflied fince by the name of the Conciliatory Propofi tion, " Refolved, thatwhen the Governor, Coun- " cii, and Affembly, or General Court of any of " his Majefty's Provinces or Colonies in America, " fliall propofe to make provifion, according to the , " condition, circumftances, and Ji tua tion of fuch " Province or Colony, for contributing their propor- *' tion to the common defence (fuch proportion to " be raifed under the authority of the General « Court or General Affembly of fuch Province or " Colony, and difpofable by Parliament), and " fliall engage to make provifion alfo, for the " fupport of. the civil Government, and the ad- " miniftration of juftice in fuch Province, or Co- V lony. . V 55 ] " lony, it will be proper, if fuch propofal fliall be " approved by his Majefty and the two Houfes of " Parliament, andfor fo long as fuch provifion ftiall *' be made accordingly, to forbear in refped of fuch " Province or Colony, to levy any duty, tax,, or *' affeffment, or to impofe any farther tax or affefi- " ment, except only fuch duties as it may be ex- " pedient to continue to levy or to impofe for " Ifie regulation of commerce; the net produce df " the duties laft mentioned, to be carried to the *' account of fuch Province or Colony relpec- " tively." I had not at that time a feat in the Houfe, as the petition againft the return of my competitor had not been heard ; but I was prefent during the debate; and I was and am convinced, that the propofition was well intended, and that it ought not to have been received in the manner it was re ceived, by thofe who efpoufed in the houfe, at that time, the caufe of America. The propofition was indeed defedive in the mode of expreffion, and did not convey in a clear and unambiguous manner, what I firmly believe was the meaning of the noble Lord. I am' convinced, that it was the intention of that propofition, that after fettling in an equitable and moderate manner with the re fpedive American Affemblies, for a fum to be con tributed by each, for the public fervice, that no further taxes were to be impofed upon them by the Britifli Parliament. This was, in my opinion, a moft juft and proper manner, with refped tp America, of fettling finally this unfortunate dif pute- [ 56 ] - pute; for, unqueftio-nably, itf was juft that they flbould bear a fliare of the public burthens, and if Great Britain was willing to fix their proportion at once, and to exempt them for ever from all o-'rounds of apprehenfion, ' they could have no rea fon to complain. On the contrary, the agreement was highly advantageous to them ; for, as they arc evidently in a courfe of encreafing rapidly, both in numbers and in wealth, and have immenfe trads of wafte lands flill to cultivate, no fum which could poffibly be agreed on at this period, could have born any proportion to what they ought to have paid as their juft fliare hereafter of the public bur thens ; fo that to appearance, the propofition was in fad too favourable to them ; though I am per fedly fatisfied, that if this agreement had been made, and all apprehenfions of ParUamentary taxa tion, and of altering their charters, had been' quieted for ever, we fliould have obtained in fu ture times more ample grants from the Arnerican Affemblies, on all occafions of public danger, than ever could have been exaded from them by ads of the Britifli Legiflature. But unfortunately the propofition, on its firft appearance, was violently attacked by very able fpeakers, whodefended the caufe of America; and it was afterwards moft unhappily mifunderftood, when carried acrofs the Atlantic. It was conceived by the Colonies to be infidious, and made with a view of difuniting them, by giving better terms to feme than to oihers ;,and'it was fuppofecj, too, to be nearly of the fame import with the propofition of Mr, [ 51 1 Mr. GrenviJJe, and that the only conceffion in- ,tended in it was, that the fum to be levied on America, being fjxed from time to time, here. in confequence of their refpedive offers, they were to be permitted to levy that fum by the authority of their own Affemblies, but were to have no other voice in fixing the quantum. They alfo under ftood, that the amount ofthe falaries and appointr ments to the officers of Government in America, was not to be determined by themfelves, but by US; which they conceived would be a fource of great abufe, and an inlet to corruption. It muft be confeffed, that the words m^de ufe of in the propofition, afforded fome ground for the con ftrudion put upon it by thofe who objeded to it in the Houfe of Comraons, and by the American Congrefs ; for, the propofition not only requires, that provifipn ftiould be made according to the condition, circum- ftances, and Jituatim of each Province or Colony, for contributing their proportion to the common de fence ; but the exercife of the right of taxation is to be-forborne only for fo long as fuch provifion fhall be made accordingly, which certainly admits of this conftrudion, that whenever Parliament fhould be of opinion, . that the fum firft agreed on, did not continue to correlpond to the condition, cir- cumftance~s, and „fituation of the Colony, the agreement was at an end, and the right of taxa tion plight, notwlthftanding the agreement, be exercifed jas before. This would undoubtedly have been infidious; and though I am convincea that thefe words only meant, that if the Ameri- I - cans [ 58 ] cans did not continue the proportiort agreed on, the exercife of taxation ftiould be revived ; yet, in a matter of fuch infinite confeqiience to the Co lonies, it was not furprizing that they were fufpi cious, and that they underftood ambiguous words as meant to enfnafe them^ ' ¦ Eut it is impoffible for me to believe that the noble Lord meant any thing infidious, or the leaft unfair ambiguity, by expreffihg himfelf as he did, in that propofition. I remember Itook occafion iri the following feffion to ftate to the Houfe the fenfe in which the Americans underftood the pro pofition, iJnd at the fame time the fenfe in which I myfelf underftood it, and I called upon the noble Lord, to explain in his place^ the Tenfe in which he meant it. His anfwer was plain and dired,, that he meant it in the fenfe in which I had underftood it, and by no means in that in which the Ameri cans had conceived it, and that he 'meant it as the ground-work of a fair negociation. The proceedings in Parliament, in confeqiience of the Petition from Nova Scotia, by which that Colony declared its acceptance of the propofition, though thefe proceedings were afterwards dropt, are a further proof of the fenfe in which the pro-i- pofition was meant ahd underftood by Lord North. But the public have the utmoft reafon to re gret, that in a niatter of fuch magnitude, ani;! where fo much depended on the accuracy of ex preffion, this important propofition, was not com municated to the friends of America, before it was offered to the Houfe, that their objedions might I- 59 }¦ 'might have heen obviated ; for it is not to be wondered that a people, whofe jealoufy had been rouzed to fuch a degree, and whofe leaders did not perhaps wifli for a reconciliation, fliould re jed a propofition, fo conceived as to admit of be ing confidered a« infidious, and which, if taken in the fenfe the words could bear, was no other than a fnare to deceive them. It was evident to thofe who were prefent when this propofition was offered to the Houfe, that it was made by the noble Lord without the full affent of all his affociates in adminiftration ; which is ano ther proof, to iny mind, that he meant by it a great deal more than the Americans apprehended ; for if it meant to leave Parliament at Uberty, to vary the proportion of each Colony, from time to time, the moft violent aflertor of the rights of ParUament could not have objeded to it ; and I, for one, fliall always think favourably of the Noble Lord, for the candour and moderation which fuggefted to him the idea of that propofition, though it was attended with fo little fuccefs. But as Ihave taken the liberty to cenfure, the oppofition given in Parliament to that propofitioB, I think myfelf called upon, in jiiftice, to exprefs the approbation which I feel, of the condud of the fame Members, upon feveral fubfequent occa fions. In the courfe of thefe American debates, in ftead of confining themfelves merely, as is ufual, to objeding to the meafures propofed in Parliament by Adminiftration, they have repeatedly propofed plans of accommodation with the Colonies, which it I 2 was [ 6& I was in the power of Adminiftraition to have amend ed and adopted, and by which, if they had adopted them, the propofers would have reaped no othet advantage, except the fatisf^dioti df halving ren^ dered, out of office, a moft effential fervice to their country. This condud, bf which I highly approve, counterbalances, in a great meafure, in my mind, the error I think they committed, in oppofing, inftead of endeavouring to cOrred, the defeds of that propofition of the 27th February 1775, in order to recommend it with all their in fiuence, to the acceptance of America'. I am apt to' think, that the unfavourable i-ecep- tion of that propofition in America, was the true caufe, that no farther attempt was m&de in Parlia ment, to offer terms 10 the Colonies, and probably fuggefted the idea of fending out CommiffiOners ; but as the powers granted to them by Parliament were confined to the 'granting bf Pardons, it was impoffible thit they could do more, than merely to enquire, upon w^at terms an agreement could be made. Frdm a general revi'ew of this fubjed, I think it muft appear, to evety perfon who will permit himfelf to confider it, with that impartiality which may be expeded from diftant ages, that there was in this cafe, a real ground for difference of opinion, between America and- us, on the fubjed of taxa tion, without throwing upon them, the imputation ' of blind and fadious zeal, or upon us, that of an infolent defire to injure or opprefs them. Gn the pne hand, we had a right ta exped from them a con- C 6i 1 a contribution to the public expences, not in deed fo much as if they had not been taxed by the regulations of trade, but ftill a confiderable contribution; on the other hand, they had good ground to conceive, that according to the prin ciples and fpirit of this Conftitution, a Parliament neither chofen by them, nor reflraincd in taxing them, by being fliarers themfelves with their con ftituents, in the fame tax, was not a fit power to ' be trufted, with the uncontrouled authority of im pofing taxes upon them. Both parties were, there fore, in fome meafure, in the right, and both were alfo in the wrong. If mankind were not un- fortiin-ately more apt, to ad from paffion than from reafon, and if this matter had been clearly under ftood from the beginning, a line of reconciliation might ^fily have been adopted, for the mutual fa tisfadion of this country and of America, without the irretrievable wafte of fo much blood and trea fure on both fides. Matters I hope are not yet gone fo far, as to render it impoffible, ftill to adopt fuch a line ; but it will require the exertion 'of the wifeft men in both countries, to footh the prejudices and en lighten the minds, of the great body of people both 'here and there. I am inclined to think, that it -will be- much more eafy, to reconcile ihe minds of the people of this country to futh an 'arrangement, than thofe of 'the Americans. We are now in a great mea fure, Ibelleve, cured, 'Of the dream of an ^e^ify conqueft, and we are -awake to the difad vantages, of [ 62 } of continuing; at fuch a dift-ance, for any length of time, a war of fo much expence, which has alrea dy coft us mvich more, than the objed either of exclufive trade or, of revenue, was ever worth ; an4 which, in. the courfe of human events, jiiay end, not merely in.the.lofs of Am.erica to us; but if, by the bravery of our troops in this or a future campaign, we fliould reduce them to great dif ficulties, may throw them into the arms of France, .which feem open to receive them ; and even if we fliould prevail to the utmoft of our wiflies, muft en tail upon us, not merely an enormous debt, but a military eftablifliment, dangerous to the liberties of this country. Biit it may not be fo eafy now, to in- duce;the people of Ameripa, to accepi of thofe terms of conciUation, which, not long ago, they >vould have rejoiced at. I hope, however, there are a fuf ficient number of men in that country, endued with a true love of their country, and fufficiently divefted of paffion and prejudice, to be able to difeern the true intereft of America upon this occafion. To fuch men I would wifli to addrefs myfelf, and I think they will readily admit, that if the un certain events of war, fliould compel theni to a dependence, either upon this country or upon France, it would be infinitely preferable to return to their ancient friendfliip with us. The old ties of connedion are not yet broken, and the fpirit they have fliown, in dc.fence of their pretenfions, win, after the endof this conteft, place them high in the eftimation of eyery Englifliman, They have no reafon to apprehend any future attempts, to encroach [ ^3 ] encroach upon their rights ; on the contrary, the attention of Minifters to what concerns them, will probably as much exceed the true medium, in their favour, as it before fell fliort of it, againft them. United with us, we fliould ftand firm and fecure, if affailed by the united efforts of the moft powerful ftates in the world, and. America will thus be preferved, not only from foreign wars, but from the danger of internal difcord, and will go on, in that high career of ¦ profperity, which it enjoyed before the unfortunate tera of 1764. But America has declared itfelf independent, and the idea of eftablifliing a new and magnifi cent empire upon the pillars of freedom, is a flat tering objed, and muft captivate every youthful aod generous mind ; but are there no rocks or quickfands to be dreaded ? Even if the objed were already obtained, it would be a new phe nomenon in the univerfe, a repubUc poffeffing extenfive continent, and yet preferving its liber ty, the wifeft and moft plaufibie theory, cannot provide againft all the dangers, of fo new and un trodden a path. The Englifli Conftitution, with all its defeds, is undoubtedly the beft, that has ever yet exifted upon the globe, and it will be time enough for the Americans, to feparate them felves from us, when the natural decay of all hu man inftitutions, has rendered this fair fabric a fcene of corruption, and when defpotifm begins to rife upon its ruins ; till then, ic will be the intereft of America to continue united with Great Britain. The t ^4 ] The two countries are pei:uliarly' fitted to contri bute to each others profperity ; and if any thing is likely to prolong, to ages too remote for pro bable conjedure, the freedom and profperity" of this kingdom, I conceive it would be, the con nedion which may now be formed, with Britifh America. The paffions of the Americans, who are in the mldft of the fcene of adion, muft no doubt be more excited, than here, where all is ftill at reft, and certainly, refentment from the defolation of war, muft be ftrong in the minds of many ; but the fucceffes they have had, againft the beft dif- ciplined and braveft troops in Europe, as it muft elevate their minds, will alfo, in brave men; alleviate their refentment, andthe condud of Ge neral Gates and his army, after the capitulation of General Burgoyne, is an evident proof, that this has been the cafe. The condud of that vidorious army, was that of a brave, generous, and civi lized people ; and at the fame time, that it de ferves the higheft praife, is an evident proof, that the violence of .refentment, was extinguiflied with vidor.y. Another obftacle may arife, from the ambition of individuals, who having been raifed by tbe prefent difputes, to fituatlons of .great importance^ maydiflike to return to their former fituatlons. But as the Americans have not exifted as a fepa rate people, for more than two years ; as the indi viduals which compofe that people, have not yet had time to be corrupted; and as I dobelieve, 2 that C % ] ,th>atthe greater part of thofe, who have put them felves moft forward, on this occafion, have been influenced; by a ftrong and fervent love of their country ; I do not believe, that if a fair profped ts .opened, of eftabUfliing the rights of Araerica upon a clear and folid footing, and of reftoring the ancient connedion with this country, upon ho nourable terms, that thefe men, will, from per fonal motives, throw any obflacle in the way. That fuch felfifli principles, are the growthof cor rupted ftates, and do nqt exift in the early ages ofa RepubUc, may be feen, from what frequently happened in ancient Rome, where thofe who had ferved the ftate in the higheft fituatlons, in times of public danger, retired, without regret, to the plough, and refumed the humble care of their do- meftic concerns. America muft know, that notwlthftanding our bad fucceffes hitherto, we are ftill able to diftrefs them much, if not to conquer them. That if our blood and treafpre is wafted, theirs cannot be -fpared ; and if it were clear, that the aid of France would turn the fcale in their favour, yet that aid cannot be obtained, without conceffions on their part, more prejudicial to them, than would refult from a proper connedion >with us, nor would the trade of France, compenfate to Ame- tica, the lofs of the trade of Britain. I will fairly confefs, that I do not know, if it would have been wife in America, to have entered into an aigreemdit with us, till they had convinced this nation, as they have certainly done, of their K power I ^(^ J. power to refift, and to defend their rights ; be caufe till then, they could not have relied with perfed confidence, on the obfervance of fuch an agreement in all future times, and the prejudices entertained in this country, to their difadvantage^ perhaps required, as ftrong proofs as they haVe given, of their fpirit, to be entirely removed, Birt the cafe is now extremely different ; whatever treaty is now made, they are fure will be faithfully per formed, and they are certain, of enjoying every advantage arifing frOm the Britifli Conftitution, to the utmoft extent. "Will any man fay, that it is poffible to exchange it for a better? Or will wife men truft, to uncertain fpeculations, in a matter of fuch infinite confequence to their happinefs, and will they rejed, a certain good within their reacb, in order to grafp at an imaginary idea of per- fedion. The cafe may be ftated in another view : Let the Parliament of Great Britain be in this cafe confidered, in the queftidn with America, as one perfon, and as reprefenting the executive power; this power, we fliall fuppofe, has. attempted to en croach on the liberties of America, in the point of taxation, as Charles the Firft did with refped to England. The Americans .refift, and have at laft an opportunity, of fixing the limits of this power for the future, foas that no tajc fliall be there after levied, without the confent of the refpedive Affemblies chofen by themfelves. They have alfo an opportunity, of afcertaining aU other doubtful points in the conftitution, and of having all their grievances [ 6; ] grievances redreffed. Would it not be a degree of lunacy, to let flip an opportunity fo favourable to their ..happinefs, and to perfift in a ruinous and bloody war, in hopes that at laft, with the aid of a defpotic Government, they may eftablifli a new and independent empire. Can they at once forget, the happinefs they enjoyed, and the freedom and profperity which was every where diffufed, through out thefe fertile provinces, before the Britifli Par liament attempted to tax them ; and can they hope for more profperity, under any poffible form of conftitution, provided their rights are now clearly afcertalned ? "Were the natives of any ancient free State, or are the natives of Holland now, more free or happy, than thofe of the Britifli ifles ? The leaders in America have, however, affirmed in their writings, that though every ancient and modern form of Republican Government, has been defedive ; yet they have difcovered the true caufes of their decline ; and that the new fyftem formed for America, is free from all of thefe defeds. But human wifdom is too limited, to forefee all thecon- . fequences of a new inftltution ; and all wife men will rather chufe, to truft to adual experience, in fuch ferious matters, than to uncertain theory. The defeds indeed of the prefent Araerican plans of Government, are too apparent to efcape obfer vation. The perpetual fources of war and diffention, which muft arife between Great Britain and Ame rica, on account of the Newfoundland Fifliery, and the Weft India iflands, is another argument K 2 for C 6? ] for cdnciliatlon. . It' is nbt td be fuppofed, thaC Great Britain wift give up thefe; without the ut moft exertion to preferve them ; and if they rewiairf with her, continual difputes muft arife with Ame rica, particularly with refped fo the Fiftieries^ which lie fo near to' their coafts. I fiatter myfelf therefore, that the aricient* good htmioUr will ftill return, between thefe two parts of the Britifti emphe. It is unneceffary to enter into a detail of what woiild be the proper terrris of their i*e£onciliatibn. The preat outline is, "thzt Great Brifairi fliould fake every honourable ftep, which miy benecefl&ry, to remove the jealoufies and ob tain the confidence of a people, who, like our an- cefl?ors, ha've given fignal proofs of their bravery, as Well as of their enthufiaftic love of liberty ; and for that purpofe, the Americans ftiould, in my opinion", have the rhoft perfed fecurity given to them, wich refped! to the right of taxation ; and that their charters of government fliall be invio<- Isble,' unlefs in confequence of petitions, from the great body of the people themfelves ; that the trial by jury, fliould be univerfally eftablifhed; that Canada fiiould enjoy a Britifli Conftitution ; that the laws for regulating their trade, fliould be revifed, arid' every alteration made, which can be nefit them, without materially injuring us. In a word, that their grievances of every fort fhould be fenquired into and redreffed, that fo they may re- pofe vvith enure confidence, on the good, faith and friendfliip of this country. And that, on the other hand. I % ] hand, they fliould contribute, a generous Qiareof the pubhc . burdens, , and grant fuch further aids in times of war, as their own affemblies fliall think reafonable. Thefe oecafional aids, in all cafes of real public exigence, will, I am convinced, be greater, notwlthftanding the debt they have lately incurred, than our moft fanguine ideas have ever reached. I think ft extremely immaterial to us, whether the fum to be annually contributed to the public burdens, be fixed now,, or left to the annual vote of their Affemblies. By leaving it entirely to their own affemblies, we ftiould certainly gain more ef- fedually, the confidence of a brave and generous people, which is of infinitely greater confequence, than any fum for which we could ftipulate on this- occafion. But if a miftaken idea, of the proper dignity of a great and powerful ftate, fliould re quire fome pofitive ftipulation, after fuch a- con teft, I cannot believe, that the Americans would hefitate, if that became the only point in difpute,. to grant us, after a due confideration ha'd, of the great expences they have incurred, a reafonable' and even a liberal annual revenue. If we are, how ever, entirely relieved . of the former expence of our eftabUfliments there ; and America does not require the bounties we formerly paid, on the im portation of her goods, the revenue frora thefe two fources alone, would be an objed of the greateft importance. But thefe are points, which would be eafily fettled by negociation, if the animofity on ill! fides were once removed ; and for that im portant C 70 ] portant purpofe, it will, in my opinion, become the magnanimity of this country, to begin with quieting the juft apprehenfions of fo valuable a part of rts fellow fubjeds, by giving them ample fecurity againft taxation, and againft the exercife of certain other ads of legiflation, which, I think in my confcience, we cannot exercife, confiftently with the true fpirit of our own conftitution. If we are fincere in the intention of doing this, the mode of executing it muft certainly be, by re- folutions moved in the Houfe of Commons. But I apprehend it would prove moft effedual, fdr dif- appointing the arts of untrad;able Ipirits, in both countries, if, without minutely entering into a detail of conditions, the moft extenfive gene ral powers were immediately granted, by Ad of ParUament, to proper Commlffioners, named in the Ad, to conclude an agreement with Ame rica, upon fuch terms as ftiall be found moft effedual, for eftablifliing a mutual and -lafting con fidence, between the two countries. AP- APPENDIX. N° I. Letters of Dr, FranMyn^ publijhed in the London Chronicle, from the 6tb to the Sth February i'jth, "To //&« Printer ofthe London Chronicle. SIR, IN July 1754, when from the encroachments of the French in Atnerica on the lands of the crown, and the interruption they gave to the com merce of this country among the Indians, a war was apprehended, Commlffioners from a number ofthe Colonies met at Albany, to form a Plah of Union for their common defence. The plan they agreed to was in ftiort this; ' That a grand • Council fhould be forraed, of mem bers to be chofen • by the affemblies and fent from all the Colonies; * which Council, together with a Governor Ge- * neral to be appointed by the Crown, ihould be * empowered to make general laws to raife money ' in all the Colonies for the defence of the whole.' This L 72 J T4iis plan was fent to the Government_here Jor ap probation : had it ' been approved and eftabliflied by authority from hence, Englifli America thought itfplf fufficiently able' to cope with the Freiach, without other affiftance ; feveral of the Colonies having alone in former wars, withftood the whoJe power of the enemy,, unaffifted not only by the" Mother-country, but by any of the neighbouring provinces. The plan however was not approved here : but a new one was formed infliead of it, by which jt was propbfed, that ' the Governors of * all the Colonies, attended by one or two mem- * bers of their refpedive Councils, ftiould affemble, * concert meafures for the defence of the whole, ' ered forts where they jjidged proper, and raife ' what troops they thought neceffary, with power ' to draw on the treafury here for the fums thac * ftiould be wanted ; and the treafury to be reim- * burfed by a tax laid on the Colonies by ad of * ParUament.' This new plan being communi cated by Governor Shirley to a gentleman of Phi ladelphia, then in Bofton, (who hath very emi nently diftinguiflied himfelf, before and fince that time, in the literary world, and whofe judgment, penetration and candor, as well as his readinefs and ability to fuggeft, forward, or carry into exe cution every fcheme of public utility, hath moft defervedly endeared him, not only to our fellow fubjeds throughout the whole continent of North- America, but to his numberlefs friends on this fide the Atlantic), oecafioned the fpllowing re- 7 marks t 73 y hiarks from him, which perhaps may have con tributed in fome degree to its being laid afide. As they very particularly fliow the then fentiments of the Americans on the fubjed of a parliamentary tax, hefore the French power in that country was fubdued, and hefore the late reftraints on their commerce, they fatisfy me, arid I hope they will Convince your readers, contrary to what has been advanced by fome of your correfpondents, that thofe particulars Jiavfe had no fhqre in producing the prefent oppofition to fuch a tax, hor in the diftvirbances oecafioned by it ; which thefe papers indeed do almoft prophetically foretell. For thiis purpofe, having accidentally fallen into ray hands, they are communicated to you by one who is, not tariiallyi but in the moft enlarged fenfe, A Lover of Britain. SIR, Tuefday Morning. " I return the loofe fheets of the plan, with thanks to your Excellency for communicaitirig them. *' I apprehend, that excluding the People oi the Colonies from all fliare in the choice of the Grand Council, will give extreme diffatisfadion, as well as the taxing them by Ad of Parliament, where they have no Rep/efentative. It is very poffible, that this general Government might be as well and faithfully adminlftered without the people, as with them ; but where heavy burthens are to be laid on them, it has been found ufeful to make if, as much as poffible, their own ad ; for they bear L better [' 74 1 better when they have, or think they have tome fliare in the diredion ; and when any pubUc mea fures are generally grievous or even diftaffeful to the people, the wheels of Government muft move more heavily." S- 1 R, Wednefday Morniiig. «' I mentioned it yefterday to yOur Excellfeh£y as my opinion, that excluding the Pe Reprefentatives in Parliament. *' That to propofe taxing them by Parliament, and refufe them the Uberty of chufing a repre fentative Council, to meet in the Colonies, and confider and judge of the neceffity of any general tax, and the quantum, Ihows a fufpicion of their loyalty to the Crown, or of their regard for their Country, or of their common fenfe and un derftanding, which they have not deferve^. " That compelling the Colonies to pay money without their confent, would be rather like raifing contributions in an enemy's country, than taxing of EngUflimen for their own public benefit. " That it would be treating them as a con quered people, and notas true Britifh, fubjeds." " That a tax laid by the Reprefentatives of the "Colonies might eafily be ' leffened as the occafions fhould leffen, but being once laid by Parliament, under the influence of reprefentations made by Governors, would probably be kept up and con tinued for the benefit of Governors, to the grieV- "ous burthen and'difcouragement ofthe Colonies, and prevention of their growth an^d increafe. " ." That I 77 } '^'^ That a power in Governors to march thp inhabitants from one end of the Britifh aad French Colonies to the other, being a country of at leaf]: 1500 miles fquare, without the approbation or ponfent of their Reprefentatives firft obtained to fpch expeditions, might be grievous and ryinous to the People, and would put them on a footing with the fubjeds of France in Canada, that now groan under fuch opprcffipn from their Governor, who for two years paft has haraffed them with long and deftrudive marches to the Qhio. " That if the Colonies in a body may be well governed by Governors and Councils appointed by the Crown, without Reprefentatives, particu^ Jar Colonies may as well or better be fo governed ; ^ tax may be laid on them all by Ad of Parlia ment, for fupport of Government, and their Af^ femblies may be difmiffed as an ufelefs part of th^ Conftitution. f That the powers propofed by the Albany plan of union, to be vefted in a Grand Council Repre fentative of the People, even with regard to rnili- , tary matters, are not fo great as. thofe the Colonies of Rhode Ifland and Connedicut are entrufted with by their Charters, and have never abufed ; for by this plan, the Prefident General is ap- , pointed by the Crown, and controuls all by his negative ; but in thofe Governments the People fhiife the Governor, and yet allow him no nega tive. " That the Britifh Colonies bordering on the French are properly Frontiers of the Britiih Em- pirej C 78 3 pire ; and the frontiers of an empire are pnbperly defended at the joint expence of the body of the peopk in fuch empire : It would now be thought hard by Ad of Parliament to obhge the Cinque ports or fea coafts of Britain to maintain the whole navy, becaufe tbey are more immediately de fended by it, not allowing the.m at the fame time a vote in chufing Members of the Parliament ; and if the frontiers in America muft bear the expence of their own defence, it feems hard to allow them no fliare in voting the money, judging of the ne ceffity and fum, or advifing the meafures, " That befides the taxes neceffary for the de fence of tbe frontiers, the Colonies pay yearly great fums to tht Mother-country unnoticed : For taxes paid in Britain by the landholder or artificer, .muft enter into and increafe the price of the- pro duce of land, and of n-anufadures made ofit;; and great part cf this is paid by confumers in the Colonies, who thereby pay a confiderable part of the Britifli taxes. " We are reftrained in our trade with foreign nations ; and where we could be fupplied with aay manuf^dure cheaper from them, but muft buy the fame dearer from Britain ; the difference of price is; a clear tax to Britain. We are obliged to c^rry great part of our produce diredly to Britain, and where the duties there laid upon it leffen its price to the planter, or it fells for lefs than it Would in foreign markets ; the difference is a tax paid to Britain. " Some [ 79 1 *' Some manufadures we could make, but are forbidden, and muft take them of Britifli mer chants ; the whole price of thefe is a tax paid to Britain. " By our greafly increafing the demand and confumption of Britifli manufadures, their price is conflderably raifed of late years; the advance is clear profit to Britain, and enables its people better to pay great taxes ; and much of it being paid by us, is clear tax to Britain. " In fliort, as we are not fuffered to regulate our trade, and reftrain the importation and con fumption of Britifli fuperfluities (as Britain can the confumption of foreign fuperfluities) our whole wealth centers finally among the merchants and in habitants of Britain ; and if we make them richer and enable them better to pay their taxes, it is nearly the fame as being taxed ourfelves, and equally beneficial to the Crown. " Thefe kind of fecondary t^es, however, we do not complain of, though we have no fhare in the laying or difpofing of them ; but to pay Imme diate heavy taxes, in the laying, appropriation, and difpofition, of which we have no part, and which perhaps we may know to be as unneceflary as grievous, muft feem hard meafure to Englifhmen, who cannot conceive, that by hazarding their liveS' and fortunes, in fubduing and fettling new coun tries, extending the dominion and encreafing the coramerce of -their Mother-nation, they have for feited the native rights of Britons, which they think ought baght rather to be given them as due to fuch therit^ if they had been before in a ft^e of flavery. " Thefe, and fueh kind of ihings as thefe, I apprehend, will be thought and faid by the people, if the propofed alteration bf the Albany plan fliould take place. Then the adminiftration of the Board of Governors and Council, fo appointed, not having any reprefentative body of the people to approve and unite in its meafures, and conciliate the minds of the people to them, will probably be come fufpeded and odious; dangerous animofities and feuds will arife between the Governors and Go verned, and every thing go into confufion. " Perhaps I am too apprehenfive in this mat* ter; but having freely given my opinion and rea fons, your Excellency can judge better than I whether there be any weight in them, and the Ihortnefs of the time allowed me, will, I hope, in fome degree, excufe the imperfedion of this fcrawl. " "With the greateft refped, and fidelity, I have the honour to be, your Excellency's moft obedient, and moft humble fervant." SIR, Bofton, Dec. 22, 1754. " Since the converfation your Excellency was pleafed to honour me with, on the fubjed of unit ing the Colonies more intimately with GreatBri tain, by allowing them Reprefentatives in Parlia ment, I have fomething further confidered that matter, and am of opinion, that fuch an union would t 81 J M^ould. he tery accidptable to tha Colonies, provided they had a reafonable number of Reprefentatives allowed them ; and that all the old Ads of Parlia-^ ment, reftraining the trade or cramping the mftnu" f^iihirea of the Colonies, be at the fame timo re* pealed, and the Britifh Subj eds on this fide the.wate«? put,-in thofe refpeds, on the fame footing with thofe in Great Britain, till the new ParUament, repre- fenfmg the whole, fhall think it for the intereft of the whole to re-enad fome or all of them : It is not thst I imagine fo mariy Reprefentatives wiil be allowed the Colonies, as to have any great weight by their numbers ; but 1 think there might be fuf ficient to occafion thofe laws to be better and more imparually confidered, and perhaps to overcome the pri vate, in tere ft of a petty corporation, or of any particular fet of artificers or traders in Eng« land, who heretofore feem, in fome inftances, to havebeen more regarded than all the Colonies, or than was confiftent with the general intereft, or beft national good. 1 think too, that the govern ment of the Colonies by a ParUament, iri which they are fairly reprefented, would be vaftly more agreeable to the people, than the method lately attempted to be introdoced by Royal Inftrudions, as well as more agreeable to the nature of an Eng lifh -Conftitution, and to Englifli Liberty ; and that fuch laws as now feem to bear hard on the Colobics, would (when judged by fuch a Parlia-- ment for the beft intereft' of the whole) be more cbealfslly fubmitted io, and more eafily executed. M "I fliould L »2 J ' « I fliould hope too, that by fuch an union,' the. people of Great Britain and the people of the Go-s lonies would, leafcri to confider themfelves, not as beloiiglng: to different Communities with different interefts, but to one Community with one intereft,r which I imagine would jdontribute to ftrengthen. the whole, and gready leffen the danger of future feparationsi i ' ': ¦" It is, I fuppofe,: agreed to be the general in tereft of any ftate, that its people be numeroirs- and rich ; men enow to fight in its defence,'! and' enow to pay fufficient taxes to defray the charge ; for thefe circumftances tend to the fecurity of the ftate, and its protedion frora foreign power : But it feems not of fo much importance whether the fighting be done by Joha or Thomas, or the fax paid by William or Charles : • The iron manufac ture employs and enriches thejBritifli Subjeds, but i,s>itof any importance to the ftate,; whether the manufadurers live at Birmingham or Sheffield, or both, fince they are ftill jwithin its bounds, and their wealth, and perfons at its command ? . Could the Goodwin Sands be laid dry by banks, and land equal to a large country thereby gained ;o England, and prcfently filled with EngUfh inhabitants, would it be right, to deprive fuch inhabitants ofthe com- pipn privileges enjoyed by other Engliflimen, the right of vending their produce in the fame ports, or of making t^qir own ftiocs, becaufe a m,erchant, or a ftioemaker, living on the old land, might fancy it.morefof ,his advantage to. trade or make ' ' ' ' Ihqes ' L »3 J fiioes for them ? Would this be right, even if the land were gained at the expence of the ftate ? ¦ And would it not feem lefs right, if the charge and la bour of gaining, the additional territory to Britain had been borne by the fettlers themfelves ? And would not the hardfhip appear yet greater, if the people of the new country fhould be allowed no Reprefentatives in the Parliament enading fuch impofitions ? Now I look on the Colonies as fo many counties gained to Great Britain, and more advantageous to it than if they had been gained out of the fea around its coafts, andjolned to its land : For, being in different climates, they af ford greater variety of produce, and materials for more manufadures; and being feparated by the ocean, they increafe much more its fliipping and fearaen; and fince they are all included in the Britifh Empire, which has only extended itfelf by their means ; and the ftrength and wealth of the parts is the ftrength and wealth of the whole ; what imports it to the general ftate, whether a mer chant, a fmith, or a hatter, grow rich in Otd or New England? And if, through increafe of people, two fmiths are wanted for one employed before, why may not the new fmith be allowed to live and thrive in the new Country, as well as the old one in the Old? In fine, why ftiould the coun tenance of a ftate be partially afforded to its peopk, unlefs it be moft in favour of thofe, who have moft merit ? and if there be any difference, thofe who have moft contributed to enlarge Bri- M 2 tain's tain's empire arid commcrtei increafe hfcr ftrength, her wealth, and the number^ of her people, at the rifk of their owp lives arid private foftunes, in new and ftratige countries, methinks, ought rather to exped fome preference. " W'fh the greateft refped and efteemj. I have the honour to be Your Excellency's moft obedient »nd moft humble fervant," APPENDIX. APPENDIX. N° II. ExtraBfrom a Treat if e-^ entitled.^ " Let^ ter from a Merchant in Londoii^ to his Nephew in America,^ written in 1766, by Dr, Tucker., Dean ofGlo" cefiery and now republijhed in a Book, entitled, " Four TraSis on political and commercial SubjeBsS' —P. IOI. " /'^I'V^E me leave to afk you, young man, what it is you mean, by repeating to me fo often, in every letter, the Spirit of the Conftitution ? I ovvn, I do not much approve of this phrafe, becaufe its meaning is fo Vague and indeterminate, and becaufe it may be made to ferve all purpofes alike, good or bad. And indeed, it has been my conftant rerhark, that when men were at a lofs, for folid arguments, and matters of fad, in their political difputes, they then have recoqrfe to the fpirit of the Conftitu- 'tion. [ 36 } tion, as to their laft fhift, and the only thing they had to fay. An American, for example, now infifts, that, according to the fpirit of the Englifh Conftitution, he ought not to be taxed without his own confent, given either by himfelf, or by a reprefentative in Parliament, chofen by himfelf. Why ought he not?, And doth the Conftitution fay in fo many words, that he ought not ? Gr doth it fay, that every man either hath, or ought to have, or was intended to have a vote for a member of Parliament ? No, by no means ; the Conftitution fays no fuch thing — But the fpirit of it doth, and that is as good, perhaps better — Very well ; fee then how the fame fpirit will prc fently wheel about, and afferf a dodrine quite re pugnant to the claims and pofitions of you Ame ricans. Magna Charta, for example, is the great foundation of Englifli liberries, and the bafis of the Englifti Conftitution. But, by the fpirit of Magna Charta, all taxes laid on by Pariiament, are conftitutional legal taxes ; and taxes raifed by the prerogative of the Crown, without the con fent ofthe Parliament, are illegal. Now remen^r ber, young man, tfiat the late tax ,of duties upon ftamps, was laid on by Parliament; and there fore, according to your own way of reafoning, muft have_ been a regular conftitutional legal tax. Nay more, the principal end and .intentipn of Magna Chartp, as far as taxation is conc^erned, was to affert the aijthority and.^iurifdidjon of the three eftates of ,the kingdom, in oppofition to thc;^ fole prerogative of the King ; fo that if yoO will novv C 87 ] now plead the fpirit of Magna Charta, againft: the jurifdidion of Parliament, you will plead Magna Charta againft itfelf." ; And in page 108, the fame author goes on as follows : " What then is if, which you have next to offer ? Oh I " The unreafonablenefs, the " injuftice^ and the cruelty of taxing a free people, V without perraitting them to have reprefenta- " tives of their own to anfwer for them, and to "maintain their fundamental rights and privi- ", leges." — Strange! that you did not difcover" thefe bad things before — Strange! that though the Britifh Parliament has been from the begin ning, thus unreafonable, thus unjuft and cruel, towards you, by levying taxes on many commo dities outwards and inwards, nay, by laying an internal tax, the poft tax for example, on the wbole Britifli empire in America, and what is ftill worfe, by making laws to affed your property, your paper currency, and even to take away life itfelf, if you offend againft them. Strange and unaccountable I fay, that after you had fuffered' this fo. long, you fliould not haVe been ableto have difcovered, that you were without repre fentatives in the Britifli Parliament of your own eleding, till this enhghtening tax upon paper ©pened your eyes, and what a pity it is that you have been flaves, and yet did not know that you were flaves until now. " But let that pafs—for I always chufe to confute you in your own way. Now, if you mean any thing at all by the words unreafonable, unjuft, t and C 88 1 and cruel, as wfcd in this difpUte* yoU'rauft mean* thatthe faethsr country det^k .worfe .hy ym fkin l^, the inhabitants of Great Britdn^ and thatjhi denies. ter tMn tmftitutianal rights, and privileges, to you thread, vshich wt eiQoy hene .at heme. Now prky, what, are thefe conftitutional rights' and libertie& ¦vvhich are refufed to you ? Name them if you can.' The things which you pretend to allege, are,' the rights of voting for members of the Bririfll Parliament, and the liberty of chufing. your own reprefentatives,— -But, furely, you will not dare to fay, that we refufe your votes when you come hither to offer them, and chufe to pole. You cannot have the face to affert, that» on an elec tion day, any difference is put, between the vote of a man born in America, and of one born here in England. Yet this you muft affert, and prove. too, before you can fay any thing to the prefent purpofe. Suppofe therefore, that an American hath acquired a vote, as he legally may, and ma ijy bave done, in any of our cities or counties, towns or boroughs ; fuppofe that he is become a freeman or k freeholder here in England. On that fbtc of the cafe, prove if you can, that his Vote waa ever refufed becaufe he was born in Ameficaf-— prove this I fay, and then I will iri- low, thatyout' complaints are very juft, and that yot* arc indeed the much injured, the cfueily treated people you would make the world be Heve. " But is this fuppofed refufal the real cau of your complaint ? Is this the grievance that calls fo [ 89 ] fo loudly for redrefs. Oh ! no, you have no com^ plaint of this fort to make, but the caufe of your complaint is this, that you live at too great' a diftance from the mother country, to be prefent at our Englifli eledions, and that in confequence of this diftance, the freedom of bur towns, or the freeholds in our counties, as far as voting is con cerned, are not worth attending to. It may be fo, but pray confider, if you yourfelves do chufe to make it inconvenient for you to come and Vote, by retiring into diftant countries, what is that to us, and why are wd to be reproached, for committing a violation on the birthrights of Engliflimen, which, if it be a violation, is com mitted only by yourfelves — ^Grantirig that the cb- lonies are unreprefentcd in the Biitifli Parliament, granring that two millions of people in America have in this refped no choice nor eledion of their own, through the' neceffity of the cafe, and their diftance from the place of eledion, what would you infer from this conceflion, and wherein can fuch kind of topics fupport your caufe ? For know, young man, that not only two millions, which are the utmoft that your exaggerated accounts can be fwelled to, I fay, not only two millions, but fix millions at leaft, of the inhabitants of Great Britain, are ftill unreprefcnfed in the Britifli Par hament. And this omiffion arifes not from thq neceffity of the cafe, not from confulting intereft and convenience, as with you, but from original ideas of Gothic vaffalage, from various cafualties and accidents, from changes in the nature of pro- N perty, C 90 3 perty, from the alteration of. times and circum ftances, and from a thquliDd other caufes- Thus^ for example, inthe great metropolis, and in ma ny other, cities, landed property itfclf hath no reprefentative in Parliaraent; copyholds, and kafeholds of various kinds, have none hkewife, though of ever fo great a value. Moreover, in fome .town?j neither freedom npr birthright, nor the ferving of an apprenticefliip, fliall entitle, % man to give his vote, though they may enabje bim to fet. up a trade. In other towns, the moft numerous, the moft populous and flourifliing of any, there are no freedoms or votes of apy fort, but all is open, and none are reprefented. And befides all this, it is well known, that the great Eaft India Company, which have fuch vafl: fettle- ments, and which difpofe of the fate of kings and kingdoms abroad, have not fo much as a fingle m.ember, or even a fingle vote, . ^iotenm a company, to watch over their interefts at home. "What likewife fliall we fay, in regard to the pro digious number of ftock-holders in our publie fiinds^? And may not their property, perhaps little fhort of one hundred millions SteiXmg, as much deferve to be ^reprefented in Parliament, as the fcattered townfhips or ftraggling houfes of fome of your provinces m America f Yet we raife no commotions ; we neither ring the alarm bell, nor found the trumpet; but fubmit to be, taxed without being reprefented, and taxed too, let me tell joii, for your fakes. , Witnefs, the additional duties on qur lands, windows, hojifcsi alfo on t • - our t 91 3 our malt, beer,' ale, cyder, perry, wines, bran- dyi rum, coffee, ehocblate, &c. &c. ice. fbr de fraying the expences of the late war,— not forget ting the grievous ftamp-duty itfelf ; all this, I fay; we fubmitted to, when you Were, or at leaft you pretended to be, in great diftreft ; fo that neithei' men, almoft to the laft drop of blood we cotlH fpill — ^nor money, to fhe laft piece of coin, wer® fpared; but all was granted away, all was made a facrifice, when you cried out for help. • And the debt which we contraded on this occafidn, is fo extraordinary, as not to be paralleled iri hiftdry; It is to be hoped, for the credit of human na ture, that the returns which ydu' have made usi for thefe fuccours^ and your prefent behaviour towards us, which jperhaps is ftill "more extraor dinary, may nof be paralleled likewife. " But as you Americans do not chufe to remem ber any thing which we have done fof yOu, though we artd our children fhall have caufe to remem"' ber it till lareft pbfterity— -let'us come to the topic, wbich you yburfelves do wifli to reft your caufe upon, and which you iriiagirie fo be the fheet "anchor of your ftate veffel. "You are not " reprefented, and you are two millions, there- " fore you ought not to be taxed." We are not reprefented, and we are fix millions,- therefore we ought not to be taxed. Which nov/, even in your own fenfe of things, have moft reafon to complain? And which grievance, if it be a grie vance, deferves firft to be redreffed? Be it there fore fuppofed, that an augmentation ouglit to N z take [ 92 3 take place in our Houfe of Comrtions, in order to reprefent in Parliament the prodigious numr bers of Britifh fubjeds hitherto unreprefented, In this cafe, the firft thing to be done is to fettle the proportion. And therefpre, if two millions (the number of perfons adually reprefented at prefent) require five hundred and fifty-eight re-; prefentatives (which I think is the number of our modern fioufe of Commpns), How many will fix millions require ? — The apfwer is, tha^ they will require one thoufand fix hundred and feventyr foiir reprefentatives. Now this is the firft aug-r mentation which is to be made to our lift of par^ lianient men. And after this increafe, we are tq be furnifhed, by the fame rule of proportion, with fivehvindrpd and fifty-eight more from the cOlot nies. So that the total humbeys will be two thou fand feven hundred and ninety reprefentatives in parliament ! , A goodly number truly ! and very proper for the difpatch of bufinefs ! Oh, the der cency of fuch an affembly ! the wifdom and gra-. yity of two thoufand feven hundred and ninety Ipgiflators, all met together in one room ! What a pity is it, that fo hopeful a projed fhould not pe carried into imraediate execution !" Extras I 93 3 ^xtraEi from a Pamphlet., entitled, " The ri^ts of Great Britain af- ^^ ferted againf the clam,s. of Ame- ¦ ** rica ; being an anfwer to the ** declaration of the General Con K,J :— P. 3. " "VTO maxim in policy is more univer-r fally admitted, than that a fu preme and uncontrolable power muft exift fome- where in every ftate. This ultimate power, though juftly dreaded and reprobated in the per fon of one man, is the firft fpring in every poli tical fociety. The great difference between the degrees of freedom in various governments, con-* fifts merely in the manner of placing this necef fary difcretionary power. In fhe Britifh empire if is vefted, where it is moft fafe, in King, Lords, and Commons, under the colledive appellation of the legiflature. The legiflature is another name for the conftitution of the ftate, and in fad the ftate itfelf. The Americans ftill own themfelves the fubjeds bf the ftate, but if they refufe obe dience to the laws of the legiflature, fhey play upon words, and are no longer fubjeds, but re bels. In vain have they affirraed, that they are , the fubjeds of the king's prerogative, and not his fubjeds in his legiflative quaUty; as the King with C 94 3 with regard to his fubjeds in general, is to bc confidered onfy in his executive capacity, as the great hereditary magiftrate, who carries into ef fed the laws of the legiflature, the only difcre tionary and uncontrOillable power in a free ftate. " Tbe difcretionary and ilneontroulable authority ofthe Britifh legiflature b^ing granted, their right to tax all the fubjeds of the Britifh empire,: can never be denied. Some ill-informed reafoners in politics, have lately ftarted an obfolete maxim. Which has been feized with avidity- by the Ame. -ficahs, " That, the fupreme power cannpt take from any one, any part of his property without his confent," or in other words, that reprefenta-: tion is infcparable frora taxarion. The Colonifts ¦ fay they, have "ho reprefentatives in Parliament, and therefore Parhament has no right to tax. the Colonies., Upon this principle, fcarce one in twenty.five, ofthe people, of Great Britain, is re prefented. Out of more than feven millions, fewer than three hundred thoufand have an exclufive right to chufe members of Parliament ; and there, fore, more than i^ree rimes the number of the Americans, have ,^n equal rjght with themj to difpute the authority of the legiflature to fubjed thera to taxes. The truth is, reprefentation never accompanied taxation in any ftate. The Ro mans were a free nation, but ,tbe fenate, that is the great body of the nobility, poffeffed the fole right of taxing the people. In this kingdom, the Houfe of Commons have an exclufive right of [ 95 3 ©f modifying and regulating the quantity of public fupplies, and the manner of laying taxes. They decide upon what the legiflature ought to receive for the fupport of the ftate ; but the Com mons, by their own authority, cannot enforce the raifing the fupplies they vote. That privi lege is inherent in the fupreme and unaccount able power, vefl^d in the three branches of the Legiflature united, who are in fad the State, as the virtual reprefentatives of the whole Empire, and not the delegates of individuals, " If reprefentation is virtual in Great Britain, why then is it not virtual i,n the Colonics ? The people of the four northern Provinces, though they deny the fad in words, own it in their con dud j near one third of the corporations in New England, chufe no reprefentatives, to fave the ex- pence of paying their depuries. They however own the right of their Affemblies, to irapofe taxes, and to make laws to bind the whole coramunity, as the reprefentatives of the whole Colony. The truth is, reprefentation has no more to do with the right of taxation, than, With* every other right exercifed by the fupreme and fuperinfending power. It is interwoven with the very effence ofthe legiflative power, and is exerted hy that power for the neceffary fupport of the State*. « Why * This example ofthe corporations of New England whiclf chttfe no rieprefentativts, ftrongly illulb-ates the argument which I have ftated. The taxes impofed by the AflamWy of the t 96 ] *' Why it has been fo generally received, as a maxim, in thiS' country, thaf taxation and repre-i fenfation are infeparable, requires to be further explained. Men little acquainted with the Con ftitution, derive the opinion from their finding, that it is the indifpufable right of the Com mons, that all gra'nts offubfidies and Pariiamen tary aids, fliould originate in their Houfe. But though they firft beftow thefe fubfidies and aids, their grants, as has been already obferved, have no effed, without the affent of the other two branches of the Legiflature. The common rea fon given for this exclufive privilege is, that as the fupplies are fa'rfed upon the body of the people, the people only ought .to have the right of laxing themfelves. This argument would have been co'nclufive, if the Commons taxed none but thofe by whofe fuffrages they obtain their feats iil Parliament. But it has appeared!, that more than feven millions of people, befides the Peers, who are in poffeffion of fo large a fhare the Province, are general over the whole Province, and not impofed folely on any particular diftricl. The rcprefentatives of the other diftridls, are therefore virtual reprefentatives of thofe corporations which fend none, becaufe they and their cpnftitlients are equally concerned in intereft with the unre prefented parts of the Province, to keep the taxes low -, and this is fqqnd fo efFeftual a check againft abufe, that one third of the corporations do not find it worth their while to fend deputies. The fame was the cafe anciently in England; for it is, well knoNvn, tj)at;5iapy boroughs (declined fending Mem- b,ers to Parliament, in order tb fave the expence of paying their deputies.. , of b 91 3 of property in thtf kingdom, bave no voice in the feledrion of" the Members who fit in the lower Hoiife. The Com.moris therefore, and their conftituents, not being the Only perfons t4xed, the former canriot poffibly have the only right of raifing and modelling the fttpply, from the mere circurnftance of reprefentation. But if they have it notfroni reprefentation, they muft in fad derive it frora ,the fupreme and difcretionary power, which is repofed in them, in conjundlon with the two other branches of the Legiflature, It appears upon the whole, that taxation is the refult of the difcretionary power, which is placed in the hands of the Legiflature, and exerted by them for the neceffary fupport of the State. ' To thi? power, the whole empire muft fubmit, and confequently no one of its fubjeds can claira any exemption. " The counties palatine of Chefter, Durham, and Lancafter, were anciently in the farae predica ment with the Araericans, on the article of taxa^ lion. The Earl of Chefter, and the bifliop of Durham, became, by prefcription and immemo rial cuftom, poffeffed of a kind of regal jurifdic- fion, within their refpedive territories. A fimilar forna of government, was eftabliflied by King Edward the, Third, in the county of Lancafter, which was created by that prince in favour of Hen ry Plantaigenet, whofe heirefs carried the fame rights and privileges tp John of Gaunt and his pofterity ; but though the fubordinate Sovereigns O of C 98 J of thefe counties, could pardon trcafons, mur ders, and felonies, though they appointed all judges, nominated all juftices of the peace, though all writs and indidments ran in their names, as in other counties in that of the King, though all offences were faid to be done againft their peace, _ and not .as in other places contra pacem domini regis, though in fhort they poffeffed exclufively, the whole internal government of their feveral counties, their fubjeSf's, if the ex preflion may be ufed, were " always bound by the ads and ftatutes" of an affembly, in which they had no reprefentatives. They were alfo " liable to all payments, rates, and fubfidies granted by the ParUament of England." " Thefe counties, it muft be confeffed, like the Americans, confidered their being excluded from having feprefentatives, in an affembly by which they were taxed, a grievance. Accordingly the town and county of Chefter, as far batk as the 35th of Henry the Eighth, petitioned fhe Legiflature for the privilege of fending Members to Parliament, and theif requeft was granted byan exprefs fta- tiite. The county and city of Durham m.ade a fimilar application, and with the fame fuccefs, in the 25th of Charles the Second. Had the Ame ricans, inftead of flying tb arms, fubmitted the fame fuppofed grievance, in a peaceable and duti ful manner, to the Legiflature, I can perceive no reafon why their requeft fhould be refufed. Had they, like "the county and city of Chefter, repre fented. I 99 3 fcnted, that " for lack of knights and burgeffe* " to reprefent them in the high Court of Farlia- " ment, they had been often times touched and *' grieved with ,ads and ftatutes, made within " the faid Court, derogatory to their moft " ancient jurifdidions, liberties, and privileges, *' and prejudicial fo their quietnefs, reft, and *' peace ;" this country would, I ara perfuaded, have no objedion to their being reprefented in our Parliament. " Buf fhe Colonies, though that clrcumftance is only infinuated in the declaration, have uniformly affiirmed, that granting the fupremacy of Parlia ment fliould extend over the whole empire, yet that they themfelves have a right to an exemp tion from taxes, either by the conceffions of the Legiflature, or by charters from/ the King. It feems incorapatible with reafon, fay they, that the Colonies fhould have internal legiflatures of their own, poffeffing the authority of taxation, and that, notwlthftanding, the Britifh Parliament fliould re tain its power of laying impofts. The firft of thefe affertions is not founded in truth, and the charters neither .give, nor can give, any exemption from taxation." It is unneceffary tO enter into a difcuffion of fe veral queftionable pofitions in thefe quotations. They are only here inferted, to fhow, that thefe dlftlnguifhed writers conceived, that the right of Parliament to tax the unreprefentcd part of Eng- 7 land. [ too ] land, ftands ejfadily on the fame footing with their right to tax America. T Gonceive,.on the^ contrary, that I have fufficiently explained, the important diftindion there is, between the two eafes; a diftindion to which a proper attelition has not been given, and which eoftftitutesi in Iny' apprehenfion, the true and eflential merits ol this' great queftion. F I N I S.