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YALE UNIVERSITY
LIBRARY

A N

APPEAL,

b.C>.<

[Pt'ice Ohe Sfiiilirig aiid Slx-pente6}

A N

A P - P E A L

TO THE

JUSTICE AND INTE;RESTS

OF THE PEOPLE O?

GREAT BRITAIN,

IN The PRESENT DISPUTES "iVITH

AMERICA.

^Y AN OLD MEMBER OF PARLIAMENT.

LONDON:
'NTEP FOR J. ALMON OPPOSITE BURLINGTON-
HOUSE, IN PICCADILLY.
MDCCLXXIV.

It is againft the franchife of the land for freemen to be
taxed, but by their own confent. Sir Etiivi Coh,
¦Resolved— That the antient and undoubted rights of
every freeman are— that he hath a full and abfolute pro
perty in his goods and eftate, and cannot be taxed but by
comon confent. Comm. JdurH. N. i. p. 878.
A TAX granted by the parliament of England fliall not ;
brnd thofe of Ireland, becaufe they are not fummofted tof.^
dur parlianieht. ^^ .
Opinion of the judges of England, Zoth of Henry Yl.
' Ireland hath a parliament of its own, and maketh and
altereth laws, and our ftatutes do not bind them, becaufe
they do not fend knights to our parliament.
Opinion 0/ the judges ofEnglandi zdefRich. IH.
You ha:ve no right to tax America — I rejoice that Ame
rica has refifted— t-wo millions of our fellow fubjefts, fo loft
to every fenfe of virtue as tamely to give up their liberties,
would be fit inftruments to impofe chains upon the reft.
Lord Chatham.
My refearches have more and more convinced me that
you have no right to tax America. — I v^ill maintain it with
my laft breath— taxation and reprefeHtation are infeparable.
Lord Camdtn.

A N

APPEAL.

A State of contention between Great Britain
and America, is not only difagreeable but
dangerous. We have every influence of intereft
and affeftion to attach us to each other, and make
us wifh to preferve the union indiffoluble* The
fame laws, the fame religion, the fame conftitU"
tion, the fame feelings, fentiments and habits,
are a common bleffing and a common caufe.
We have thefe general benefits to defend againft
the reft of the world, which is hoftile to all, or
to the greater part, of them.
With ties fo ftrong to bind us to each other,
is it not ftrange, is it not deplorable, that we
ffiould differ ? Do they who talk of chaftifing
our colonies, and reducing them to obedience,
confider how much we hazard when we diffolve
thefe ties ? What are we to fubftitute in their
place ? Force and Fear ; which Tacitus wifely
tells us, are infirm a vincula, qua uhv remover is, qui
(mere defier'int^ odljfe incipient. When thefe
B confe-

( 2 )
confequences follow from the coercive rneafure?
we are now purfuing, will the counfellors who
have impelled us to them, by reprefentations not,
I am fure, very fair, defend us from their fa
tal effects ?
It is from experience only that nations learn
wifdom. But unhappily fometimes the injury
of the experiment is irretrievable. We have too
much reafon, I think, to apprehend that this will
be the event of our prefent conduct. The courfe
of the laft war gave us proof of the ftrength and
fuccefs which arifes from. the cordial attachment
of our colonies ; and in all human probability,
tbe next war will convince us of the feeblenefs
which flows from their diffaffeftion. I hope to
prove inconteftably, that they aided us during the
laft war with a degree of zeal and efficacvy which
we can never again expeft, at leaft unlefs our
language and conduft be totally reverfed. The
war found us united ; it was conducted gloriouf-
ly upon the ftrength of that union ; and left
us in perfeft harmqny, * Unhappy were the
councils which difturbed that harmony ; unhappy
¦was the idea of taxation, which, without being
produdive of any one of the benefits expelled
from it, has given birth to a thoufand calamities
which were not forefeen. From the asra of
^is innovation we are to date all the diftur
bances which have fhaken the whole empire ;
and which if we do not treat them with more
wifdom, muft inevitably end in the diflolution
of all American dependence on the parent ftate-
In coj^fidering this fubje£t, two very material
queftions iramediately prefent themfeJ^vesu Whether

( 3 )
Whether we have a right to tax the colonies ?.
and, Whether it be expedient to exereife that
right? If a difpaflionate examination fhould fhew^
that both or either of thefe muft be aiifwered
in the negative, it wil,l prov>e tbat our prefent
meafures are not dictated by political wifdom.
In order to determine whether we have a right
to tax the colonies, we muft confider the nature
of taxation — in whom the right of granting mo
ney refides — and from whence that right arifes.
Taxation is the giving and granting the pro
perty of the people, by themfelves, or by perfons
authorized by thero, who are called their dele
gates or reprefentatives. From hence it follows,
that the riglit of impofing taxes refides origirtally
in the people^ and then in the reprefentative bo
dy ; and that it arifes from the delegation of the
people. The very idea of property involves in it an
exclufive right of giving it by the immediate o»r
intermediate confent of the poffeifor. For as
Mr. Locke fays. What property can I have in
that which another may take away at his plea-
fure ? It is therefore a fundamental principle
in our conftitution, and was, until the reig^i of
Henry the fixth, the-invariable pradi^e of it, that
the property of the people, not orie man ex
cepted, could not be granted but with his own
confent^ given by himfelf or his reprefentative
chofen by himfelf. It was upon this principle
that until that reign, every man in the kingdom
gave his' vote, or bad a fight to give his vote,
for tbe eje^ion of a reprefentative, on whom
B 2 that

C 4 )
that power was devolved. The feventh of Henry
the fourth, made upon complaint of this right
having been difturbed, ordains, that all the peo
ple fhall elea indifferently. Their being refi-
dents in tbe county is the only qualification
required. It was not until the eighth year of
Henry the fixth, that the pofieifion of forty fhil-
lings per annum, in any part of the kingdom,
was made neceffary to give a right of voting ;
which qualification was, in the terith year of the
fame reign, reftrifted to freehold in the county.
It is plain from this, that the writers who have
controverted Mr. Locke's pofition, that, upon
the principles of the conftitution, " the fupreme
power cannot take away any man's property
without his confent," were either unacquainted
as well with the principles as the praftice of the
conftitution, or artfully mifreprefented them.
This view of our conftitution fhews alfo the
propriety of that emphatical and brilliant expref-
fion of Lord Camden, that — " there was not a
blade of grafs which when taxed, was not taxed
by the confent of the proprietor."
That taxation and reprefentation are conftitu-
tionally infeparable, and that it was the fixed
principle of government, that the property of
the people could be given by their confent
only, ^fignified by their reprefentatives, chofen
by themfelves, appears beyond controverfy, both
from general confiderations, and from a variety
of particular proofs, arifing from ancient and un
doubted records.
The general confiderations which fupport
thefe pofitions are-^  That it is an eternal law

( 5 )
of Nature, fo incident to and infeparable from
the very idea of property, that no property can
exift without it. " Whatever is a man's own,
" no other perfon can have a right to take from
" him, without his confent, expreffed by him-
" felf or his Reprefentative. Whoever attempts..
" to do It, attempts an injury ; whoever does it
" commits a robbery  he throws down and
" deftroys the diftinction between liberty and
" flavery." Nor is this the difcovery of Mr.
Locke, or the peculiar provifion of the Englifh
conftitution. It was long fince fet forth by Ci
cero, in thefe words, Heec funt fundament a fir ml f-
Jima Ubertatls, Jul quemque juris retinendi ac de-
mittendi ejfe arbitrium. It pervaded every feudal
conftitution in Europe, and was exercifed witlk
as much precifion and jealoufy by the States of
France and the Cortes of Spain, as by the £ng-
lifh Houfe of Commons, j^uxilia, fays Brafton,
fiunt de gratia, et non de jure ; cum dependeant
ex gratia tenantium, et non ad voluntatem domi-
norum.* Dr. Robertfon tells us, •' When any
*' extraordinary aid was granted by freemen to
" their fovereign, it was purely voluntary."-t
And again, " It was a fundamental principle i^
*' the feudal fyftem of policy, that no freeman
" could be taxed unlefs by his own confent."^
Every one knows, from the moft authentic ac-
cQunts, that in the German conftitution, from
its earlieft date, all the people had a right to be
prefent in their affemblies, and aHent to what
bound them : De minoribus principes confuUant ;
de
* U i. c. i6. f Hift. Charles V. p. 360. % lb. p. 36.

. C ^ ) _
de majoribus omnes.\ Hotoraan informs us, that
in France it was not lawful to debate on any
thing concerning the commonwealth, but in the
general council of the ftates.|| So tenacious were
they in Spain of this general confent, that in
the Cortes it was neceffary every member fhould
give his affent before the a£t was binding.* And
1 am v/ell informed, that at this very day, nO'
taxes can be raifed upon the freecities of Bruffels,
Antwerp, &c. even by the Emprefs Queen, with
out the confent of every individual citizen who
is prefent in the affembly.
To the facred, eternal, and unlverfal right of
giving property, even a tyrant of the ' north bas
been obliged to bear his teftimony. We have
heard the prefent king of Sweden publicly de
clare to his people  that to be taxed by others
was repugnant to the moft precious part of their
liberty, which confifts in taxing themfelves.
" To this right," fays he, " of the nation to
" tax itfelf, I would have the greateft attention
" paid, becaufe I am engaged by aath to let my
¦" fubjefls enjoy their liberties and privilegesj
'• without any reftriclion."
From thefe external proofs and lUuftrations
of the dodrine, that the confent of the owner Is
effential to the juft difpofal of property, fa that
the fupreme power cannot, and never could, in
any free ftate, take away any man's property
without his confent ; we come now to demon-
ftrate it from the pra£tice of our own conftitu
tion. It
-^ Tacitus, ti Franco-Gallia, c. xi. * Mariil Coths de Arrag.

{ 7 )
It is certain that originaUy, and before the con-
queft, the right of being prefent in the great
council of the nation. In which grants, If any,
were made, belonged to every freeman In the
kingdom. In an ancient record, quoted by my
lord Coke, fo far back as the reign of Canute,
in the year 1030, the parliament is fild to have
confifted not only of great men, but — quamplu-
rimis gregariis militibus, ac cum populi multitudine
copiofa ;, ac omnibus adhuc in eodem parliamento
perfonaliter exijlantibus, votis regis unanimiter
confentientibus, praeceptum et dec r e turn fuit.'*
The fame recognition of the right of affent in
every individual, to the difpofal of his property,
w'e find thus declared in Magna Charta : 
" And for this our gift and grant of thefe liber-
" ties, and of other contained in our charter of
*' liberties of our foreft, the archbifhops, bi-
" fhops, abbots, priors, earls, barons, knights,
*' freeholders, and other ourJubjeEfs, have given
*' unto us the fifteenth part of all their move-
" ables.*'t It was not the fupreme power, whe
ther you mean by that the King, or the Parlia
ment, as it is now conftituted, nor the reprefen
tatives of the people in parliament affembled, but
the people themfelves, every one having a right
to be prefent and confent to the grant or difpo
fal of his property.
Upon the fame ground, the King, in the fta-
tute de tdlagio non concedendo, declares, that "no
" tallage or aid fhall be taken or lev4ed, by us
" or our heirs, In our realm, without the good-
" will
* Pref. to the 9th Rep. f C 37. Ari. 4.

( 8 )
« will and aflent of the archbifhdps, bifhOps,
" earls, barons, knights, burgeffes, and other
" freemen of the land.''* And the more ex-
prefily to fhew how neceffary the confent of
every individual was deemed, to the gifts which
affefted his property, the fame ftatute fays,
»' No officer of ours, or of our heirs, fhall take
" corn, leather, cattle, or any other goods of
" any manner of perfon, without the good- will
" and aflent of the party to whom the goods be-
" long."
Edward the firft, or the Englifh Juftinian,
was the wifeft and moft magnanimous of our
princes ; and as he had too much juftice to re-
fufe what he knew to be the Inherent right of
his people, fo he had too much wifdom and
courage to be deluded or compelled into a con-
ceffion which was not ftriftly conftitutlonaK
This ftatute is therefore defervedly held in great
veneration, and is of high authority. M. De
Lolme, a very fagacious refearcher into the
principles of our conftitution, calls it, " an im-
" portant ftatute, which, in conjundtlon with
" Magna Charta, forms the bafis of the Eng- .
" lifh conftitution. If it is from the latter,"
fays he, " that the Englifh ought to date the
*' origin of their liberty, it is to the former they
*' owe its fecurity. If the Great Charter is the
" rampart that defends the liberties of every in-
*' dividual, it Is this ftatute that protects the
" Grand Charter itfelf; and by which the peo-
" pie were enabled to make the law fuperior to
" the will of the crown."t In
* 34 Edw. I. <;. i, 2, f Conftit. de I'Angleterre, p. 28.

C 9 )
In the courfe of time, the ailing 'by deputa»
tion, which was adopted for convenience at firft,
became a fettled pratlice. Still, however, no
freeman, of whatever denomination, was denied
the right of voting for him who was to fignify
his affent, or be his reprefentative in parliament,
till the reign of Henry the fixth, when that right
was reftricled to perfons having a freehold of
forty fhillings annual value.* This alteration
in the fyftem introduced two kinds of reprefen
tation ; real and virtual. They who retained
the right of voting were really reprefented ; they
who did not vote, but yet were fhielded and
fecured in their portion of property by the elec
tors and elefted bearing their proportion in the
grants made, were virtually reprefented. Still,
however, as the real eleftors, though greatly
circumfcfibed in number, owned -fur the greater
part of the lay property of the kingdom, the ori
ginal idea of the, grants being made by common
confent continued, and governed all the parlia
mentary forms in voting fupplies. The com
mons are faid to give and grant, the King thanks
his good people for their benevolence, and the
lords are not permitted to originate, alter, or
amend a money bill. There is but onelnftance
within my knowledge, in which the houfe of
lords were fuffered to violate this rule. This
was in the time of Richard the fecond, wherein
the houfe of commons are faid to have affented
to an impofition which originated in the upper
C houfe.
* It may be well qiieftioned (according to the principles of
Mr. Locke) whether parliament had any j\ift right to take away
from its coiiftltuents fo eifeniial a privilege.

C lo )
houfe. It is true, that on the patent roll,
3 Edward I. and ina variety of other inftances,
they gave feparately, and of their own property ;
but thefe are additional proofs how prevalent the
idea was, that property could be. given only and
abfolutely by thofe who owned it.
Lord Clarendon fays, the origin of fupplies
in the commons had never been difputed in the
worft of times, and that the lords acknowledged
it in 1640.* We are told In the Cafe ftated,t
a work known to be written under the Infpec-
tion of the lords — that the lords fay, " as to
" what concerns their rights and privileges,
*' they pretend not to be the beginners of any
" charge, to be laid on the eftates of the fub-
" je£t, nor to increafe or augment any that is
*' already laid by the houfe of commons. This
" they conceive to be againft the intendment of
" the law, 9 H. 4. and the praftice of parlia-
*• ments ever fince."
Is it poffible that any one can, confiftent with
common fenfe, deduce the fole and incommuni
cable pofleffion of this right of giving and grant
ing by the houfe of commons, from any other
origin than that of their reprefenting the peo
ple ? This proof, therefore, would be alone fuf
ficient to fhew, that both in the principles and
pra£lice of the conftitution, reprefentation and
taxation are infeparable, and that It is not the
three eftates, but thofe whom the people eleft,
who reprefent them.
But this pofition is flill farther fupported by
the conftant practice of the clergy in convoca tion.
* V. I, p. IJ4. f p. nj.

( " )
tion. The clergy were fubjefl to the general
controul and fuperintending power of the fu
preme legiflature ; but parliament never attempt
ed to tax them, while they were reprefented in
convocation, and not in the houfe of commons.
Whenever they contributed to the fupport of
government, they did it by their own confent,
fignified in their convocation, in which my
lord Coke fays, they were all by reprefenta
tion, or in perfon, prefent.* It appears by the
roll of the 4 Rec. 2. N'' 13, 14. that when
the houfe of commons offered to grant an aid,
if the clergy would pay one third, as they pof-
fefTed a third of the realm, the clergy anf-
wered — They were not to grant aids by par
liament, and therefore willed the commons to
do their duty, and they would do theirs. This
Is in effect the language of Americji, yet it is
idly called a ftrange new-fangled doftrine.t
From all thefe general views of the conflltu-
tion, both in its principles and pra£lice, it ap
pears to be one uniform and Inviolable rule, that
property could not be given but by confent.
Whether that confent was fignihed in perfon,
or by reprjefentation, was, a matter merely of
convenience. So much fo indeed, that every
one knows the reprefentatives were formerly
paid for their trouble in attending upon the
bufinefs of the whole. The act of Henry the
fixth, which prefcribed a qualification for elec
tors, regulated the exereife, but did not abolifli
C 2 the
* 7 Co. 73.
¦f A dotlrine as old as the conftitution itfelf, interwoven in it*
very ftamina, drawn from the firft principles of natural jv.ftice,
and effential to the exiftence of property.

C 12 )
the right ; for there is a m.anifcfL and eternal
difference between regulatini^ the mode in which
a right may be enjoyed, and eftriblifiiing a prin
ciple which entirely annihilates that right. To
eftabliih the power of the Bri i:Ti parlian^ent to
give and grant the property of the people of
America, is moft clearlv to annihilate their
right of confenting to the difpofal of that pro
perty, in whole or in part, in perion or by
reprefentation. How far this is confiftent with the exiftence
of property, with the principles and pra6lice of
all free conftitutions, and efpecially of our own,
I have already furniflied the reader with the ge
neral means of ju'lging. I fliall now proceed to
fhew, that the fame principle pervades and go
verns the particular inftances, in which it was
neceflary that diftinft parts of the empire fhould
contribute to the fupport of government, in
doing which their own confent was always
deemed indifpenfable.
In the tenth year of Edv^^ard the firft, this
prince being under a neceffity of demanding fup
plies, applied to his fubjecls in Ireland, diftindtly,
to folicit a loan to enable him to carry on the
war againft Wales.* Unfettled as the ftate of
Ireland then was, the right of granting their
own property was confidered as fo effential to
an Englifh fubject, that the application was not
raade to the parliament at Weflminfter, but to
the people themfelves, whofe money was to be

given.

When
Rym, ex Rol, Wall, lo Ed. i. Wand, v. j. p. 248.

( 13 y
When the fame prince was again in dlflrefs,
he applied firft to the clergy of Ireland, for an
additional fifteenth of the fpiritualties, and they
peremptorily refufed to comply with the requi-
fitiou. The King refpedled the right of refufing,
though the refufal itfelf was fo grievous a dif-
appointment to him. He therefore neither
called in the abfolute power cf his Englifh'
parliament, nor of his army, to enforce the re-
quifition, but applied to the laity of Ireland,
from whom he received more fatisfadion. Dr.
Leland tells us, that " after fome altercation and
delay, they granted him a fifteenth of their
effedts."* Thus this magnanimious prince, well
latisfied that it was tbe inherent right of an
Englifh fubjedt, not to have his property taken
from him, but by his own confent, given by
himfelf or by bis reprefentative chofen by him
felf, whether that fubje£t was in England or
Ireland, he applied to him or to his reprefenta
tive for the fupplies which were to arife out of
his property.
But we find the infeparable connexion of
reprefentation and taxation ftill more irrefraga-
bly provediin the reign of Edward the third. I
will ftate the tranfaftion in the words of Dr.
Leland. It is diftinguifhed and decifive.
" The parliament of England grew uneafy
under the burthen of fupporting the King's
Irifli dominions ; they remonftrated ; they
folicited that ftri£t enquiry fhould be made
*' Into the deficiencies of the royal revenues in
" this realm. The King was no lefs impatient " to
• Leland, p, 251.

il

( u )
" to find any part of the fupplies deftlned to
" his military fervice, diverted to a purpofe
" which he deemed of much lefs moment, the
" fupport of a difordered government In Ire-
" land. An agent, called Nicholas Dagvvorth,
" was difpatched Into this country : his in-
" ftruftions were to reprefent the neceflities of
" the crown, and the grievous deficiencies of the
*' Irifh revenue ; to convince the King's mi-
" nifters of the necefiity of exerting themfelves
"¦ for the intereft of their royal mafter. It was
" particularly direcled that an Irifh parliament
" fhould be cofivened without delay, for the
"- purpofe of granting fuch a liberal fubfidy, as .
*' fhould provide not only for the exigences of
" their own ftate, but for the affiftance of their
*' fovereign in his foreign wars. The parlia-
*' ment was affembled ; they pleaded the poverty
" of the realm, and refufed the fupplies. Ed-
" ward was provoked ; he iffued his writs cf
" fummons both to the clergy and laity. The
" bifhops were commanded to chufe two of
'* the clergy in each diocefs ; the commons to
*' chufe two laymen in each county, to repre-
" fent the lords and commons in that county ;
*' the cities and boroughs, in like manner, each
*' to eleft two citizens and burge fies. The
" affembly was direfted to repair to the King
" in England, to treat, confult, and agree with
" him and his council, as well on the govern-
*' ment of the land of Ireland, as the aid and
*' fupport of the King's war."
\Ve have the anfwers of the archblfhop of
Armagh, and of the county of Dublin, to this
fum-

( 15 )
fummons diftlnftly recorded. " We are not
" bound, faid the prelate, agreeable to the liber-
" ties, privileges, rights, laws andcuftoms of the
" church and land of Ireland, to eledl any of our
" clergy, and to fend them to any part of Eng-
" land, for the purpofe of holding parliaments or
*' councils in England ; yet on account of our
" reverence to our lord the King of England,
" and the now imminent neceffity of the land
*' aforefaid, faving to us, and to the lords and
*' commons of the faid land, all rights, privi-
*' leges, liberties, laws and cuftoms before-men-
•' tioned, we have elefted reprefentatives to
" repair to the King in England, to treat and
*' confult with him and his council ; except,
" however, that we do by no means grant to
** our faid reprefentatives any power of affenting
" to any burdens or fubfidies to be Impofed on
" us or our clergy, "to which we cannot yield,
" by reafon of our poverty and daily expence
*' in defending the land againft the Irifh enemy.
" In like manner we find the county of
" Dublin at firft eleded their reprefentatives,
" without power or authority to confent to the
" impofition of any burdens. The King com-
" plained of the election as infufficient and irre-
" gular, and the fheriff was directed to make
" another return, in prefence of the treafurer and
" chief juftice of the King's-bench. Difficulties
" were ftarted and delays contrived ; at length
" the nobles and commons, unanlmoufly and
'• with one voice declare, that, according to the
'' rights, privileges, liberties, laws and cuftoms
'' of the land of Ireland, enjoyed from the time
* of the conqueft of the faid land, they are not
" bound

( i6 )
*'• bound to fend any perfons from the land of
" Ireland to the parliaraent or council of our
" lord the King, in England, to treat, confult,
" or agree v.-ith our lord the King in England,
" as the writ requires. Nothwithftanding, on
" account of their reverence, and the neceffity
" and prefent diftrefs of the faid land, they have
" ele<Sed reprefentatives to repair to the King,
" and to treat and confult with him and his
" council, referving to themfelves the power of
'' yielding or agreeing to any fubfidies. At
*' the fame tirae protefting that their prefent
" c'-mpUance is not hereafter to be taken in pre-
" judice to the rights^ privileges, laws and cu-
" ftoms, which the lords and commons, from
*' the time of the conqueft of the land of Ireland,
" have enjoyed.
" What was the refult of this notable con-.
" troverfy between Edw^ard a::d his fubjeiSs of
" Ireland, or whetlaer or how flir the King's ne-
" ceffities were fupplied, we are not diftinftly
" informed. It only appears, that the Irifh re-
" prefentatives fat at Weftminfter, and that their
" wages were levied on the dioceffes, counties
" and boroughs which had chofen them."*
The unqueftionable conclufion from this re
cord is, that to give and grant the property of
Englifh fubjefts, in an aflembly wherein they
were not prefent in perfon or by reprefentation,
was deemed fo unconftitutional, that no neceffity
could prompt or juftify it. The parliament at
Weftminfler did not confider this doftrine as
repugnant to their rights, or trenching upon their
' Ibid, p. 317.

( '^1 }/:
their aUtiiority ; thoiTgh they were by iid niearisJ
difpofed to yield any of their privileges to the
crown, or permit an illegal exertion of the prero
gative. This record is alfo a proof that the fole
right of giving was fo iuhereht in the owner of
property, that the people at large might delegate
it In whole or in part ; might reftrain it entirely,
or referve to themfelves the controul of confent
ing to the grant of their reprefentatives, to give
it final efficacy. It appears too, from the writs
iflued upon that occafion, that every perfon
concerned, without any farther qilalificatioh in
tbe conduct of the reprefentatives, was to give
his voice in elefting thera. The words of thd.
writ are, Archiepifiopisi epifcopis, vice-cotttitibusy
fetiefcalks, majorl.bus, fupe-riorjMs t§ preepojitis, ai
omnibus aliis ejufdem terrge quorum intereft, ad
eleSlionem hujiifmodi duarum perfofiarUm, in An
glian in forma pr a diBa tf0nfmittehdarum, facien-
dam.^
In tracing the hiftoiry of the Irifh parliaments^
we find they not only knew theii' right of grant
ing money, but ho\y inftrumental it was in ob
taining a redrefs of grievances. In the reign of
Henry the fifth, they accompanied the grant with
a reprefentation of grievances.t In the year*
1585 the ordinary fubfidy bill was reje£ted by
the comraons of Ireland ; the reafori appears to
have been a complaint of grievances, and an ap-
ptehenfion of more, efpecially of oppreffive and
extraordinary taxation.]: Queen Elizabeth, du
ring whofe reign this happened, had too much
D fpirlt
* Appendix to Leland's hiftii p. 36^. f Leland, v. 3/ p. i|.
% Leland, r. i, p. 396.

( i8 )
fpirlt to have acquiefced in this refufal, could
ihe or any one about her have conceived that
the intervention of her Engllfii parliament might
grant the fubfidy out of the property of the peo
ple of Ireland, without the moft flagrant vio
lation of their conftitutional rights. Neither is
it probable that the Irifh commons would have
hazarded fuch a meafure of oppofition, had they
imagined themfelves liable to be taxed in the En
glifh parliament, and thereby deprived of this
means of enforcing a redrefs of grievances. In the
reign of James the firft, we find them reftored
to good humour by conciliatory meafures ; and
then they granted a liberal fubfidy with fo much
alacrity and zeal, that the King returned them
thanks, In a flattering letter addrefl[ed to the Lord
Lieutenant.* Charles the firft, and his favourite
Wentworth, tried every art to perfuade them to
make liberal and perraanent grants ; the threat
of Interpofing the King's prerogative was added.
Under the influence of proralfes and fears, the
commons made a grant of four entire fubfidies. +
Neither the King nor his deputy were fincere,
the graces they promifed were not granted ; the
commons therefore contrived a method of fru^
ftrating the colleftion of the fubfidy, and the
civil wars which foon followed put an end to all
further requifitions,
I have been more particular in ftating thefe
fafts with relation to Ireland, becaufe it is ira-
poflible to find a cafe raore exaftly fimllar to that
of America. They were both conquered coun
tries, peopled by Englifli fubjeds. Yet in all
the
* Ibid, p, 4^7. f Irifli journ. 1640.

... ( ^9 ) .
the agitation of neceffity and paflion, and the vari
ous expedients it produced, that of Impofing tax
es upon Ireland in the Englifh parliament was
never atterapted. There are however fome diffe
rences in favour of Araerica. In the former, the
conquered people and the Englifh were in forae
meafure intermixed ; in the latter, they were and
flill continue totally diftinft. The Englifh fub-
jefts who fettled in Ireland carried with them
their rights, not exprefled but latent; whereas
thofe of the American fettlers were confirmed
by charters. I am far from thinking that char
ters create rights; they are Inherent in and
unalienable from the perfon of the fubjeft. Al
legiance and protection in thefe rights are a
mutual compaft betwen the prince and the peo
ple. As emigration does not diflblve allegi
ance, neither can it diveft rights : they in
volve each other, and are infeparable. But fo
folemn a recognition and confirmation of them,
as charters under the great feal of a kingdom
manifeft, renders the violation of them ftill
more confpicuous and criminal. From the hl-
ftory of Ireland we learn another difference,
which is, that taxes were levied in England to
defend and proteft that country for fome time
after its fettleraent ; whereas all the old colo
nies In Ameripa were fettled, and the wars car
ried on with the natives, folely at the expence of
the fettlers therafelves ; this country bearing
none of the burthen, but reaping infinite bene
fits frora the fettleraent. Canada, Florida, and
Nova Scotia, are exceptions to this ; but they
ar^ acquifitions obtained from France and Spain,
D 3 which

( 20 )
which belong therefore to this country, and wjU
foon repay with intereft the fupplies which
have been voted for them.
As it was therefore moft clearly confidered,
that Englifh fubjedts emigrating to and fettling
in Ireland, tho' a conquered country, were nqf
liable to be taxed by the Englifh parliament,
it feems ftrange to contend that the fame fub-
jects fettling in America were liable to fuch
taxation. The fupreme power of this parliar
ment has been always aflerted and frequently
exercifed over Ireland ; the right of giving and
granting their money for the purpofes of a re
venue, never. Who is It that can point out
a difference adequate to fo great a dirainution
of Englifh liberty in the perfon of him who
emigrates to America, as that he fhall not on?
ly be fubjeft to the fupreme power of the Bri
tifh parliament, but to be taxed where he is
not reprefented.
Now it is not only impoffible, I conceive, tQ
give any plaufible reafon for this diftindlion, but:
it is clear that no fuch idea was ever ferloufly en-r
tertalned till the year 1 764. What can be a more,
decifive proof of this, than that the people of
America have always chofen reprefentatives of
their own, and that the crown has conftantly
applied to thofe reprefentatives for the fupplie?
which were wanting ? If the fettled, notorious,
invariable pradice of government, be not evi
dence of the conftitution, from whence are we
to learn it } If It had not been confiftent with
the conftitution, and effential to the free ftate c^
jjn Englifh fubjed, that he fhould ehufe repre- fenta^

( 21 >
fentatives who- only fhould impofe taxes upon
him, how did it happen that both in Ireland and
America our colonif^s, without any fpecial law
to direct it, from their earlieft infancy chofe
fuch reprefentatives, who have always exercifed
that authority. Had this been Illegal, furely
the crown would not have encouraged it, by con
ftantly making requifitions thro' its governors,
and giving aflent to laws impofing taxes by
the authority of provincial aftemblies, nor would
parliament have permitted a pradice, which makes
ihofe afilemblies coequal with therafelves. It is, I
apprehend, raoft undeniable, that either parliament
has no right to impofe taxes upon the people
of Ireland and America, or they have the fole
right ; for nothing can be fo abfurd as to fup-
pofe a people fubje<3: to two taxing powers, not
communicating with each other, not knowing
what each other are doing ; in confequence of
which the people might be burthened with a
double tax upon the fame thing, fo as to be
produdive of perpetual confufion and diftrefs.
This would plainly be fuch an inconfiftency in
politics, as would render governraent at once
ridiculous and oppreffive. The afiertion there
fore at this day, of the right of parliament to im
pofe taxes upon Ireland and America, involves
m It the higheft criminal charge againft all thofe
who have for centuries been adive or acquief-
cing in the impofition of taxes upon the people
of thofe countries, which according to the mo
dern dodrine, the authority of pariiament only
goul4 irnpofe. If they juftify by pleading that
they

( 22 )
they were tlie reprefentatives of the people whofe
money they granted, the admifl^ion of that plea
will defeat the pretenfions of parliament, who
do not reprefent them. +
That reprefentation and taxation were ever
deemed infeparable, the following copy of a
petition from the county Palatine of Chefter, in
1450, Is an eminent proof.
" Moft chriftian, benigne, and gracious King,
*' we your humble fubjeds, and true, obalfant,
" liege people, the abbots, priors, and all the
*• clergy, your barons, knights and efquire?,
f There is a folemn refolution of the houfe of commons, that
no tallage, loan, benevolence, or other like charge, oTight to be
commanded or levied by the King or any of his minifters, with
out common confent of parliament. Jf it had been imagined
that this refolution concluded to all the fubje6ls.of the empire,
if an idea had been entertained, that the confent of parliament
involved in it the confent of Ireland or America, what mini-
fter would have ventured to advife the King to- afk money from
the commons of Ireland and of America, and to have levied it
tipon the people by the authority of their legiflatures .' Every
minifter who gave fuch advice, would have hazarded his head;
j*e parliament would have endured fo open a violation of its
rights and of the conftitution. But no fuch fuppofition ever
entered into any man's head, and therefore, it has been the efta-
blifhed and unimpeached praiftice, ever fince the foundation ot
our dominion in thofe countries, for the King to make requi
fitions for fupplies to their reprefentatives, and levy taxes by th?
authority of their legifl.itures. The inftances of this are innu
merable. It has been done by every minifter, at all times, and
in every reign. It has been repeatedly announced with regard .
to America, to the houfe bf commons, in the King's meffa-
ges, without queflion or complaint, It remained for the new
fangled doftrine of this day to maintain that America was repre
fented in parliament. A doftiine involving confequences
which they who broached it were far from forefeeing. It
would devote their deareft connexions to impeachment, and
braijd the memory of every minifter who preceded, as a traitor
•o the conftitution of his country,
« and

( 23 )
" and all the commonalty of your county Pa-
" latine of Chefter, meekly prayen and be-
" feechen your highnefs — Where the faid coun-
" ty is and hath been a county Palatine, as
" well before the conqueft of England as con-
", tinually fince, diftind and feparate from the
^' crown of England ; within which county
" you and all your noble progenitors, fithen it
" came into your hands, have had your high
*' courts of parliament — and no pofleflaoners or
" Inheritors within the faid county be not
" chargeable or liable, nor have not been
*' bounden, charged, nor hurt of their bodies,
*' liberties, franchifes, land, goods nor poffef-
*' fions within the fame county, but by fuch
** laws as they have agreed unto — and alfo they
" have no knights, citizens, na burgeffes, na
" ever had, of the faid county, to any parlia-
'^ ment holden out of the faid county, whereby
*' they might in any way of reafon be bounden —
*' which franchifes, notwithftanding there be
" your comralffions direded out to feveral com-
** miffioners of the fame county, , for the levy
" of fubfidy, granted by the commons of your
" land, in your parliament late begun at Weft-
" minfter and ended at Leicefter, to make levy
*' thereof wit;hin the faid county, after the form
*' of their grant thereof, contrary to the liber-
*' ties, freedoms and franchifes of the faid coun-
" ty and inheritance of the fame, at all times
" before this tirae ufed, that pleafe your noble
** grace, of your noble favour, the pre(nifes
*' gracioufly to confider, and hereupon to'dif-
*' charge all fuch commiffioners of levy of the
'« faid

( 24 )
" faid fubfidy within the faid county, and of
" your fpecial meer grace, ever to fee, that
*' there be never ad in this parliament, nor in
" any parliament hereafter holden out of the
*' faid county, made to the hurt of any of the
** inheritors or Inheritance of the faid county,
" of their bodies, liberties, franchifes, goods,
*' lands, tenements or pofleffions, being withio-
*' the faid county. For if any fuch ad fhould
" be made, it were clean contrary to the liber*
" ties, freedoms, immunities, and franchifes of
" the faid county, &c. &c. &c."
ANSWER.
" The King's will Is, to the fubfidy In this
*' bill contained — Forafmuch as he is learned,
*' that the befeechers In the fame, their prede*
*' ceffors nor anceftors, have not been charged
" afore this time, by authority of any parlia-
*' ment holden out of the faid county, of any
*' quindifma or fubfidy, granted to him or any
" of his progenitors in any fuch parliaraent,
*' that the befeechers and each of them be dlf-
" charged of the paying and levy of the faid
« fubfidy, &c, &c. &c."
This petition and anfwer require no com
ment : they plainly recognize, that to Irapofe
taxes where the right of doing it is not dele
gated, was unufual and unconftitutional. The
fame principle operated in forming ads of
the legiflature for reprefentatives to be fent frora
Wales and the county of Durham to the Eng
lifh parliaraent, and on the crown to iffue writs ta

( 25 )
to Calais for the fame purpofe, when It became d
part of the empire. It was Invariably conceived,
that the property of Englifh fubjeds, conneded
with the general dorhinlon, could not be grant
ed but in an affembly where they were repre
fented. Upon this principle our conftitution
fnanifeftly ftands ; and to fubvert the one, would
in effed he to overthrow the other. The prac
tice of every free ftate, efpecially of England ;
the pradice of Ireland, Chefter, Wales, and
Calais, as members of the empire ; the conftitu
tion of the dhurch, and the very nature of pro
perty, all confpire to fhew, that this principle Is
the effential right of the fubjed in every part of
the dominion. The right of property is the
guardian of every other right, and to deprive
a people of this, is In fad to deprive them of
their liberty.
Let me now have leave to fhew, that thefe
have been invariably the fentiments of thofe
great men, whom we allow to be the heft ac
quainted with our conftitution, and its firmeft
defenders. *' I will begin," fays Sir Edward Coke, " with
a noble record — It chears me to think of it, the
26th of Edward III. It is worthy to be written
in letters of gold — " Loans againft the will of
" the fubjed, are againft reafon and the franchifes
*' of the land.*' — What a word is that franchife !
The lord may tax his villain, high or low,
but it Is againft the franchifes of the land for
freemen to be taxed but by their own confent."
The reafoning of Mr. Locke is fo clear and
¦ conclufive, and his authority fo great, that it is
E not

( 26 )
not neceffary to give the words of Sidney and
Milton, whofe opinions were precifely the
fame. " The fupreme powers cannot," fays Mr.
Locke, " take from any man any part of his
property, without his own confent. For the
prefervation of property being the end of go
vernment, and that from which raen enter into
fociety, it neceffarily fuppofes and requires that
the people fhould have property, without which
they muft be fuppofed to have loft that by en
tering into fociety, which was the end for which
they entered into it-^too grofs an abfurdity for
any man to own. Men, therefore. In fociety
having property, they have fuch a right to the
goods which by the law of the community are
theirs, that nobody hath a right to take their
fubftance, or any part of it, without their own
confent. Without this they have no property
at all : for I truly have no property in that
which another can of right take from me, when
he pleafes, without ray confent. Hence, it is a
miftake to think that the fupreme or legiflative
power of any commonwealth can do what It
will, and difpofe of the eftates of the fubjed ar
bitrarily, or take any part of them at pleafure."*
It is impoffible an exprefs advocate for America
could fpeak more explicitly to the point, and
Mr. Locke's argument; is evidently founded on
the ftatute de tallagio non concedendb, which de
clares, that the goods of no manner of perfon
fhall be taken, without the good will and affent
of the party to whom the goods belong ; and
upon
* On government, fol, p, 197.

C V )
Upon a folemn refolution of the houfe of com
mons, which maintains that the ancient and
undoubted rights of every freeman are, that he
hath a full and abfolute property in his goods
and eftate, and that no tallage, loan, benevo
lence, or other like charge, ought to be cora
raanded or levied by the King, or any ofhis
minifters, without coraraon confent in parlia-
ment.t I have already fhewed, that it never
was the idea that the comraon confent of America
was given in the parliament of England ; the
term did not even include the clergy, who ne
ver were taxed In It till they were reprefented ;
and who told the commons, in the record I before
cited, that they were not to be taxed there ; to
which the coramons aflented. The dodrine was
held neither novel, infolent, nor unconftitu
tional ; and the pradice was uniform, notorious,
and uncontroverted.
Taking up then the American queftion on
this conftitutional ground : either the Ame
ricans are not freemen, or to impofe taxes upon
thera in parliaraent, In which not one of them
is reprefented and therefore cannot give his con
fent, is to diveft thera of all property, and di{^
folve the original corapad upon which, according
to Mr. Locke, they entered Into fociety. Thefe
confiderations raark the propriety of what my Lord
Camden urged with fo much real eloquence, in his
unanfwerable fpeech againft the decls^ratory bill,
** My pofition is this — I repeat it — I will main-
*' tain it to niy laft hour — Taxation and repre-
*' fentation are infeparable. This pofition is
E 2 '* founde4
f Com. Journ. V. i. p. S78,

( 28 )
*« founded on the laws of nature. It is more-^
" it is itfelf an eternal la\v of nature. For
«' whatever is a man's own, is abfolutely his
« own — no man has a right to take it from him
" without his confent. Whoever attempts to
*' do it, attempts an injury — whoever does it,
f commits a robbery ; he throws down and
'« deftroys the diftindion between liberty and
^' flavery." Upon thefe principles our own conftitution
ftands ; upon thefe principles the American clalrni
is founded. If they are fallacious, then were
our own claims usurpations upon the crown,
and the glorious revolution itfelf was nothing
more than a fuccefsful rebellion ; Hampden,
Pym, Sidney and Ruffel, than whom Greece
with all her patriots, and Rome Vv'Ith all her
Heroes, produced no men who trod this mortal
ftage with more dignity, or quitted it with
greater luftre, v/ere fturdy traitors. Surely
thofe pretenfions cannot be juft, which fo mani
feftly fubvert. In principle, the foundation of our
conftitutional liberties !
That this claim and right of giving their pro
perty by their own confent, fignified by their rcr
prefentatives, is not novel, but coeval with their
exiftence as colonies, will fully appear fromi the
following proof.
In 1620 the colony of Virginia, then in its
very infancy, chofe reprefentatives, by whom only
they have been taxed from that time till 1 764,
It was not by charter that they eftablifhed and.
enjoyed this privilege, but by the operation of
thofe rights which are inherent In EngUfh- nien.

( 29 )
men, in whatever part of the dominion they in
habit. The fame plan of government was pur-
fued in every colony in America. In truth, an
Englifhman bad no idea of any other conftitu
tion, and always confidered it as the bafis of
public liberty.
In 1625 king Charles the firft fignified his
Intention of fubftituting a governor and coun
cil as the legiflature in Virginia. Upon this a
general difquietude and diflatisfa,dion prevailed
through the colony. The afl'embly remonftrat
ed againft it, as '' an aflanlt upon their rights
and privileges." In confequence of this, the
privy council at laft fent them a letter, dated
the 2 2d of July, 1634, containing the royal
afi'urance and confirmation of their eftates, trade,'
freedom and privileges. Upon the diflblution
of monarchy, the (commonwealth difpatched a
governor with a fquadron to take pofleffion of
Virginia. He was permitted to land upon ar
ticles, of which the following is one, and deci-
fively fhews what were their original ideas of
their rights. Article fourth, " Virginia (hall be
free from all taxes, cuftoms and impofitions
whatfoever, and none fhall be impofed on thera
without confent of the general affembly."
The affembly of New York, in 1 708, refolved,
*' That it Is, and always has been, the unqueftion
able right of every freeman in this colony, that
he hath a perfed and entire property In his
goods and eftate. That the Irapofing taxes, and
levying of any monies upon her majefty's fub
jeds of this colony, under any pretence or to-
' -^ur whatfoever, without confent In general af
fembly,

( 30 ) .
fcmbiy, is a grievance, and a violation of the
people's property."*
Thus we fee, that this right of giving their
money by their own confent alone, has been al
ways claimed, afferted, and exercifed by the
Americans ; and that the crown and parliament
as conftantly recognized the exereife of it, till the
year 1764. Let the right therefore refide really
where it will, it is very clear that the novelty of
claiming it is on our fide : but if the uniform
claim and exereife of a right, with our as uniform
recognition and acqulefcence for one hundred and
fifty years, will not render It clear and unim
peachable, I know not by what lapfe of time,
or by what circumftances, the enjoyment of any
privilege can be rendered facred and fecure. It
is plain that there was no period of their exi
ftence at which the colonies would not have re
claimed againft an attempt to raife taxes upon
them without the confent and grant of their re
prefentatives. With what truth then can the
prefent oppofition to It be Imputed to a fpirit of
difaffedlon, and a defire to throw off all de
pendence upon the parent ftate ? That depen
dence and fubordination would remain the fame'
that It ever was or ought to be, were the exer
eife of this novel, odious, and unprofitable claim
difowned and abolifhed. There is a moft ma
terial difference between a fubjed and a flave ;
between fubordination and flavery. The Ame-
xlcans are fubordinate, when we controul them,
for our own advantages* In the means of ac-
-quiring property ; when we add to that the
pradice
* Smith's Hiftory of New York, p. nj.

, ( 3^ )
pradice of taking the property fo, acquired at
our pleafure, they are flaves. What right have
we, or can we have, to make them, flaves ? In
my opinion we fhall lofe thera as fubjeds by
attempting to hold them as flaves. When that
happens we fliall be compleatly undone.
There are however fome arguments againft
the pofition, tliat property can only be taken by
confent, which are plaufible, and have had fuch
an effed as makes them worthy of examina
tion. It Is faid, that a great part of the people of
England are not reprefented, and yet they are
all taxed. This Is granted : but how will ic
conclude to America ? Becaufe our reprefenta
tion here is Imperfed, therefore it fliall be abo
lifhed in America — becaufe fome in England are
taxed without their confent, therefore all in
Araerica fhall be treated In the fame manner.
The Americans are not contending that every
man in Araerica fhall vote for a reprefenta
tive, or not be taxed ; if they were, this would
be a good anfwer, " We are ourfelves but par
tially reprefented ; why (hould the fubordinate
require more fecurity than the fupreme ftate ?"
But to the American queftion this argument is
utterly inapplicable The fecurity of property,
as Mr. Locke and common reafon tell us, is the
great end of reprefentation. It Is equal enough
when tliat end is obtained. Now from the par
ticipation of the eleded and the eledors with
the non-eledors in the taxes which are impofed,
the latter, as 1 before obferved, have a virtual fe
curity, which is equal to that of thofe who do
eled :

( 30^ . ^
cleA : but in the cafe of the Americans there il
no fuch participation, and confequently no lucll
virtual fecurity ; nay, on the the contrary as
the o-ivers of the money of the Americans (lup-
pofelhem to be the Britifli houfe of commons)
fave their own property and that of their con-
ftituents exadly in proportion to their lavifhing
that of the Americans, there isa temptation to
extortion and extravagance, and therefore a vir-
tual infecurity of property, which is overturn^
ing the very foundation of government. If,
for example, a tax is laid on Manchefter, Bir-'
mingham and Sheffield, the fame Is borne by
London, Briftol and York ; but let Bofton, New
York and Philadelphia be taxed, . will London,
Briftol and York Ihare in the burthen of .tEe
impofition ? The real fituation of the unrepre-
fented in England, and the people of America if
fubjed to the fame povver of taxation in the
Britifh parliament, would be juft as different as
fecurity and infecurity, or right and wrong.
! We are next told, that parliament being the
legiflature. Its ads muft bind in all cafes whatfo-
eVer ; that no line can be drawn, and therefore
parliament has a conftitutional right to Impofe
taxes. Before parliament has conftitutional powers, it
muft be conftitutionally formed. There Is no
magic or efficient power in the word wbicK
can give it that power ; it muft be in part con-^
ftituted by the people over whom its laws have
fway in all cafes whatfoever, or elfe it is not a
conftitutional power. With refped to Great
Britain, it is fo conftituted ; with regard to
America,

( 33 r
America, it is not ; Its power therefore cannot
Or ought not to be the fame over both countries^^
The delegation of the people is the fource of
that power, raofi efpecially In point of taxation.-
That delegation is wanting on the pjjrt of America^
and therefore the right cannot exift. It is true
that the authority of the legiflature raakes laws
for the levying raoney upon the fubjed : but
unlefs the gift be previoufly made by the repre
fentatives of the people, there is nothing on which
the ad can work : the gift muft he made firfi
ahd diftind ; the law comes after to prefcribe
the mode of levying it. The reprefentatives are
the fole fource of the gift, the legiflative ad is
the corapletion of it ; but without a beginning,
there can be no end. It Is therefore a pofition
founded In the effential principles of the conftitu
tion, that " the fupreme power, however it raay
make laws, for regulating the ftate, cannot take
the money of the people without their confent."*
The fubfidies of the clergy, and a gene
ral pardon, will fully illuftrate this. The
houfes of the legiflature can alter nothing in
them, and yet they give their aflent to paffing
thc^ into laws. But the things therafelves on
which the ikws are founded are eccentric to par-'
liament ; they have their motion in another
Iphere : the convocation gives the one, the King
of his free grace beftows the other : the parlia
ment gives them only the force of laws, and
may chufe in that, when they arc prepared to
their hands ; but with the things therafelves it
cannot meddle, to originate or modify thera'.
F Any
* Locke.

( 34 ;
Any other mode of applying the power of the le
giflature to the levying of taxes is not conftitu
tional, but arbitrary. It is copfounding the prin
ciples of the conftitution in the jargon of words,
to fay that parliament, becaufe it is the fupreme
power, muft therefore have a right to impoft
taxes upon the* people, whether they are repre
fented In it or not. Such a parliament would
only be a plaufible and powerful inftrument of
arbitrary power.
I fhall clofe this queftion of right by obferv-
ing, that as the power of giving is the great fe
curity of our liberties, fo it is the only one which
the Americans enjoy. Deprived of this, their
fituation would be defperate. Expofed to that
jealoufy which thoufands are perpetually en
deavouring to ftlmulate againft tbem  with
out any power or means to counterad or
refift its effeds  they would be at the mer
cy of every informer, of every governer, mi
nifter, and meraber of parliament. Whatever
was moved againft thera would meet with no
oppofition ; whatever was charged upon them
would be received withaut queffion or enquiry*
They would not only be flaves, but the moft
miferable of all flaves. In vain would they fay.
What is the freedom, what are thofe brutifti pri
vileges to which our charters have told us we
are intitled ? Where are thofe rights we have
poffeffed above an hundred years ago, which
we derived from folemn , compad, which we
have purchafed by the reftraint of our trade,
by our acquifitions under thofe reftraints,
emptied Into your lap as the great mart of our
pro-

( 3S') _
produce and of our cbnfumptipns, by fraternal
attachment and unfhaken allegiance .'' Thefe
were the price we paid for your friendfhip and
your protedion : but yOu have now left us no
thing to pay, nothing to be prodded.
Upon the whole of this queftion. It feems
moft manifeft, that it is the ancient, undoubted
right of Englifh fubjeds, being freemen or free
holders, to give their property by their own con
fent only,' fignified by themfelves or their repre
fentatives — That the right of giving money, and
the right of makirig laws, are and ever were fepa^^
rate and diftiad ; the one refiding in the reprefen
tative, the other In the legiflative body — That
the houfe of commons claim and exereife the
fole and incommunicable right of granting the
money of the pe6ple of Great Britain, becaufe
that houfe alone reprefeiits them — That the houfe
of commons ought not to claim or exereife fuch
a right over the people of America, becaufe
that houfe does not reprefent them — That to
levy taxes upon the people of America, by the
authority of the Britifh parliament, in which
they are not reprefented, is unconftitutional;.
deprives them of the right of Engllfhmen, and
reduces them to a ftate of abfolute villanage.
From the confideration of the right, we come
next to that of the policy of raifing a revenue in
Araerica by the Britifli parliament.
Is it pradicable ? — Is it profitable ? Upon thefe
points the policy muft turn. To raife a re
venue upon a diftant and difperfed people uni-
verfally in oppofition to it, by an authority,
queftionablfe at leaft upon the foundeft prlnci-
F 2 pies

( 36 )_
pies of the conftitution, and In fad denied  »
Is this. pradicable ? " Oh, certainly,", (ays an ad
vocate for this mode of government, " have we
not a fuperior force, have we not fleets and
armies to ,compel their obedience ?" Be,; it fo: , ¦¦
But will tbe revenue pay the expence of this
colledion? If it will nqt, how is it to be pro
fitable ? One hundred thoufand popnds per anr-
num' ' is' the ctmoft that . the mpft extravagant
imaglriatibn ev^er expeded from the taxation of
America. Ten fhips and as n^aji^y regiments
have nbtcoUeded a twentieth part of it : double
your force, and fuppofe It tp colled the whole ;
your expence will at leaft treble your colledion.
My fuppofitions .are extravagantly favourable
to the coercive fide of the queftion, and ypf the
conclufion is jinevitably againft it, Are thefe
ways and means tp anfwer tbe deniands of a
nation, finking, as it is faid, wn^er its debt an*}
its eftablifhment ? ¦>.
But let us give this dodrine of force and
of coertjon its utrnoft effed. Let us fuppofe^ ¦
that under a convidion of their inability to re
fift the whole force of prcat Britain in, a time,
of profound peace, every colony, every affem
bly, were to acknowledge, your right, and pro-
mife implicit obedience, could you truft thi§:
acqulefcence \ Could any man be fo weak as
not to perceive, that they were referving their
refiftance, till the time pf yyar and the neceflary
avocation of our forc;? (hpuld enfure its fuccefs?
Is there any man in his fenfes, who can fe-
rloufl}^ imagine we fhall remain in peace for
five years. Three yopng monarchs upon the
principal

.( 31 )
principal thrones of Euroj)e ; two old, ones look
ing With" hatred 'and revehge againft u$. Is this
a ftate In vvhich a continuance of peace is to be
expeded ? To give the advocate^ then for coiur
pulfion theiV utmdft wifh, what is it but to
obtain an Uncertain advantage for forae years,
at the hazard of oui; ruin or h^iralljation for
ever after? Let any.mkn who has the le^fj:
idea of the difficulties of ponduding a war againfi
the houfe of ''Bburbon ^nd its allies, inform us,
what wifdom, what refources could fave this
country frbm ruin, if in the emergency of fupU
a war otir American colonips fhould unanlmoufly
revolt from all obedience, and rejed all com
merce with us. Who is h that thinks we could
furi^ive fuch a ftroke ? And yet this coer
cive policy Is rendering it inevitable as fate.
Of the difpofition of the Americans to rgfifl our
authority as of late extended, which they ^ink
utterly unjuft, there cannot be a dop^t. If
they fufpend the efforts of that difpofition, it
can only be In their wifdom, to watch the moft
favourable moment. That of our being hard
preffed in war is pkinly fuch. The moft dan
gerous cond^id, therefore, fpr us, wpuld be
their acqulefcence ; yet we (hould certainly fee
the ideots who are conduding thefe meafures,
triuraph upon thei-eceipt of fuch accounts from
America. 'Lord North \yould beheld upas the
wifeft and the moft fpirited minifter that ever
exifted, iMid he would fnuff up the incenfe of
this adulation, in the very fincerity of his va
nity and folly. But It' is neither Lord North
por his ftattews who will ftand foirth when the
' ftorm

( 38 )
ftorm rages, to fliield us from the ruin their
want of vvifdom and of juftice will bring upon us.
We' have feen what would be the probable
confequence pf an apqulefcence on the part of
America, how dangerous, how fatal to tis.
Let us take another view of it. Let us fuppofe
the Americans determined to refift our attempts
to -impofe upon theni this, tribute. It will be
incortftftent ' with our dignity to retrad. The
wifdom, 'the juftice, th^e utility of perfe vering —
thefe are all out of the queftion. Lord North
wilt have America at his feet. They are his
very words. Who fays Lord North is not a
bold fpeaking minifter ? To gratify him, let us
fee If we can compel the Americans to abfolute
obedieiiee— How we can is doubtful — that we
carinot, W^Ithout ruining ourfelves, is Certain. ;
I acknowledge, I admire, even to enthufiafm,:
the' bravery of .our troops ; what men can do,:
they will do : but in a country furnlfhed with
faftnbffes and defiles without number, intimately*
known to the enemy you are to combat, where
difcipllne is unavailing or embarraffing, and
yalonr" ufelefs ; it requires more than human
power to fucceed to any permanent purpofe,
^od forbid that the bravery of fuch troops as
the Englifh, fhould be fo vainly, fo fatally em
ployed. Let us fuppofe it true, as fome vain
glorious military men have vaunted, that with
four regiments you might march from one end
of the continent to the other— What would
this exploit avail you ? The raoment you quit
one province for another, the commotions your
pfe fence fuppreffed will revive. When you
have

( 39 ) _
have marched through, you will have to march.
back again. ' But fuch bravadoes are contempti
ble. The man who is moft forward to advife,
is leaft fit to execute fuch arduous enterprifes.
Nor vvould the execution anfwer any other pur
pofe, but that of pluming an individual at the ex-..
pence of his country. They who remember -
the fatal overthrow of Braddoc by a few Indians
in ambufh, an overthrow Incurred by the yery
difcipllne in which he' vainly put his truft, will ,
be apt to doubt the facility of reducing, the co
lonies by military force. Difficult however as the
redudion of our colonies may be, the preferving ,
them in obedience to fuch a governraent would .
be Infinitely more Impradicable. But m the
mean time, while our troops are employed in ,
flaughtering the Americans, who Is to cultiyate
the lands In America ? Who is to furnlfli the
grofs raaterials of our commerce with them ?
Who is to confume the raanufadures, and main
tain the manufadurers to whora that cpraraerce
was daily bread ? The wife minifters who planned
thefe meafures have furely provided for this.
The neceffity of fuch forefight could not pofli
bly efcape them : but what that provifion will
bej paffes my underftanding. I am, however,
much afraid It will not be quite fubftantial
enough to feed numbers who will be neceffarily
idle. The naval ftores, the iron, the Indigo, the
tobacco, the flax feed, yvhich the labour of the
Americans furnifhes us, are we able to fubfift
without them, or to procure them frora other
nations ? Have- we forgot the humiliating terms to

to which Sweden attempted , to reduce mf
Our recourfe then was to America,, She fup
plied us, and removed that dependence, which
would other wife have left us at the raerqy.of
foreign nations. When our wife raeafures have
ftopped Up the American channel of fupply,
what will fhield us from the exhorbitancy of
Sweden and Denmark ? Naval ftores are ne-
cef^aries ; if we reftore the monopoly oftherriy
we muft take the confequences of our folly.
Until South Carolina and Geprgi^ fupplied us
with Indigo, we paid annually to our enemies,
the French, 200,000/. in fpecie, for this article,
fo eflfentlal to the exiftence of. a variety of im
portant raanufadures. We offered a bounty
upon it. The Americans fupplied us not onjy
for our own confumption, but for foreign mar
kets.* Ihftead of fpecie, they . take in return
our raanufadures, loaded with all pur taxes.
If the policy which encouraged this commerce
was wife, that which flops it muft be foolifh.
The duty upon tobacco brings into the re-
¦venue at leaft 400, 000/. per annum. By what
ways and means will this deficiency be fupplied?
The profit to this kingdom, upon, the confine-
ment of this article alone to the portS; of Great
Britain, and the returns for it in Britifh manufac
tures and merchandize, amounts, at the loweft
computation, to half a million yearly, exclufiyc
of the duty. I fhall be glad to know how
this lofs will be compenfated. I vpU not enter
into the thoufand little ftreams of our Ameri
can commerce, which all combined form a
noble
* See Anderfon's D'lSt. of Gbmmerce.

( 41 )
noble river, that nourifhes the navy, the raanu-
faduresi the fields of England; and maintains
her upon that eminence of grandeur and glory,
to which fhe Is exalted. The value of the
whole Is incomputable. But I fhall not think
the detail neceflary, till I fee Ii rendered pro
bable that this extorted American revenue
will reimburld us for the lofs of any one of thefe
articles, indigo, tobacco, or naval ftores,
¦ Upon the fuppofition then, that in confequence
of the meafures we have lately adopted, unexam
pled 'in their rigour, unexampled in the violence
and injuftice with which they were condud-
ed, America fhould be driven into realrefiflance ;
what will be the confequence ? Our comraerce,
our navy, our revenue, our trade, our manufac
tures, will receive imraediately a dangerous If
not a fatjfl blow. But- we fhall be avenged !
Our difcipfined troops will put them to the
fword, and deftroy their plantations ; our navy
will burn their cities and their trading veffels.
Alas, thefe would be fatal vidories ! Thefe a:re
the men whofe induftry ' and labour furnlfh the
matferlals of our heft commerce, the fupply of
whofe confumption gives life to our manufac
tures ; thefe are the plantations, the' har^^efts
of which we ultimately reap: thefe are the
cities which are the refervoirs of an infinity of
ftreams of trade, the profits of which are at '
laft emptied into the lap of Great Britain.
Were thefe men, thefe plantations, thefe cities
trebled, the profits would centre in Great Bri
tain, and' add fo much nioreto her ftrength
and opulence. To diminiflij tcdeftroy them-r- '
G it

C 42 )
It Is mifchief irreparable, it is madnefs In the
extreme ; yet it is the inevitable confequence of
the whole" fyftem of American meafures, ifiace
the prefent reign. , " ;
We have thus feen the probable iffue of hoftile
meafures to.vv?;ds America. If we fuceed, we
are ruined. If we dp not. fuceeed — if by thofe
extraordinary exertions which have often pro
ceeded from people contending for their liberties,
or by any of thpfe accidents which have fte-
quently decided the fate of battles and of ^^.eih-
pires, taking tl^e vidory from the ftrong and
the race frpm thp fwift, we fhoujd be repulfed,
to what a fiate, o£ hurailiation fhall we be re
duced! .Such is the infuper^ble abfurdity of the
meafure, that whether vidors or vanquifhed
We arcfiure of beiflig fuffer^rs. \.
J liave not faid a word abput tlfcintervention
of other .pfewei^. Our. wife minifters will tell
lis, thlsjis^m probable, ^i here is not a part of
the rwprld • upon wh'^phJFrance lopks with- a
morej attentive eye than i^on America. There
is, npt the fmalleft event, relative tp om^ pro
ceedings to vysrds the colonies, of which they
ar^ not '^itnlnmely informed. If they fhould be
idle fpedatWs of fuch a. conteft, it. would be
one of the moft extraordinary events that ever
happened. No folly, lefs blind thanthat which
^J^med thefe meafures againft America, would
"li^^ard fuch. a fuppofition.
In every view of our proceedings againft
Amer'ica, we fee them unwife, , perilous,
and unprofjitable. If paflion and piKJudice
We not totally taken place of reafon an4 cn-

( 4;^ )
cnqulfr/; let the planners of this" fyft'gnffliew'
us what they rationally exped frora It, Tlie
irioft cOrifidehfi^l men' have repeatedly declared,
ih'bOth houfes of parliament, that a rfevenue
^ iiot' tKt'^objy'd: ' Loi^d Mknifield; win not
den^y' his declaratioii at leaft, and the're Is a'rt'
hoft Iri'him. In truth, whether this was meant
ih ''good 'faith or liW;' ' it is rhbff veritable'. No^
adeqiiate revehxie' will dver be obtained from
th^riee^Hy fbrtiblfe mbaiis. To what purpOfe
tFfeh are we ha'zaVd^li^ ft^ grkt a'ftake ak the
cbmtMtce'of'this Kirigdbitt a-ftd the peace' of
A'mtrki I Ik it thk the' Whig principles are
odious at' court ? B It thift' the fpirit of the re-
volutiph',- whifch 'aVii'itihtes- thtrn, is hateful to
even^'-man who has abandOni^d the cntb loVed-
Cocoa'-tr6e, TOT the n^'oV^'aiifpicious clofet'?^ — Is It
that* a- fe'rioiis fyftem' of ftavery has afcerided the
bjt^Pft^irs, thy firft' Tine' of which' is to fubju-
gkteAmerica? One would ' He Very: apt to fu-
^ed this, "had we nfet the royal affurarice that
his majefty- has no infeVeft, caii 'hdVfe rio intereft,
feparate from that of his'peopile, A fyftem' of
flaV-^rf c^ i^ver be the iritbreft ofhis peOple :
btit* a'ltttrd; Popery, a littfe arhltrary povver,
Fkhch 14v5f,' Frefntih religion, Frehch gOvern-
nierit,- arid in Amerifca'ohly — there can be no
hArin^'Iti that "; th^re is no wind can blow thera
oyeri:o England,; and if fuch an 'accident fhould
happen, there will be honeft men enough found
to pQrfua'd^ oi? there is ho 'harm In that either.
Orie is always happy to fee 'declarations fo well
fupt)Orted by- adioh^ ; arid if It Were pofllbls
to doubt the fincerity of the royal word,^ the
Quebec

C 44 )
Quebec bill, would make us blufh at our flUpU
cions. . The people are interefted ; it is to them I fpeak.,
There Is no feeling for their interefts either in,
the cabinet or in parliament ; their reprefentatives
facrifice every thing tO their own pride and , profit ;
it now only remains with thera,n. as.the laft re-
fource, tolnfift on their reprefentatives procuring
a retpadion of thofe foolifh and arbitrary rnea^
fures which have thrown all America into cqru-
fufion, and threaten the; utter ruin of the fuq^ :
valuable commerce we poflefs. The ta^fatton,
of America may provide places and penfipns^
for the tools and dependants of amini^^ ; sbuit,
it never can relieve our national i diftrefles, n^tf
even corapenfate for the expence of carry ing It ^
into execution. The produce of American la-^
hour , is fpent in Britifh manufactures ; the -]^f
lance of trade is greatly 'againft them ; whateyer .
you take diredly In taxes, is in effed taken from.,
your own commerce. If the minifter feizes the .
money with which the American (hould pay
his debts and come to market, the merchant
and the trader cannot exped him as a xii-
ftoraer; nor can the debts already contraded
be paid. This is Cutting up commerce by
the roots; it is like the folly of a young man..
who takes from the principal of, his eftate to;--
fupply his wants ; we kn.ow In his cafe that
fuch a pradice will prove his ruin, .h The com- >
merce of this kingdom is 19 thelftate what the
principal of his fortune is to a private nian. The
fame condud leads to the fame end. Suppofe >
we obtained from America a. million, itiftead of
an

C 45 ) _
an hundred thoufand pounds, it wofuld be fup*
plyihg our prefent exigency by thie'ftaMre ruin
of bfui" coniniefce. Nothing can be mOre ob
vious'. What is ¦ it .then that can make Us per-
fevere in a meaftire, the^, very fuccefs «rf -'Which
muft b.e our ruin ? - r . .1 >
We are told, however, that- tbe Americans'
pay ho taxes, while purs are very heavy ; and'
that as they equally enjoy protediOn, they ought
to cOritrlbute their proportion to the expence. '
But the queftion is nek . .whefher the Ameri
cans (hail contribute,, but how th^; (hall con
tribute ? Whether they.fliall be taxed by their
own reprefentatives pr by ours ? They contri
buted during the war*, but it vvas . by their own
afllemblies'i the. proof of this iifrom the records
of the houfe of comraons itfelf. , The following
is -a copy of a meflage from his majefty to the
houfe of cOnjmons, repeated for four feffions;
Die jfovis 26^ Apr ills y anno 32° Georgilfecundi
'..-'.' Regisy 1759. .OS... -^J-
George ReiX!. r '" ' '¦ -"'-^ -y-'^'*-
His majefty being fenfible of the adive
zeal and vigOur with which his faithful fubjeds
oiF North America, have exerted themfelves, in
defence of his majefty's juft rights and poflef
fions,' recoraraends It to this hpufe to take the
fame into confideration, and to enable his ma
jefty to give' them a proper compenfation for
the ex|ieiices incurred by the refpedive provinces,
in the levying, cloathing and pay of the troops
raifed by the fame, according as the adive vi
gour

g(5Ur aridjftrenuQus efforts of the refpedive pro-
Tince&ifaailgt^iy appeainto.meritw- "-

, This .wai.mthegood'-days- of George the- fe
cond. There was no junto, no back' ftairs bu-
ftnefs thtn\; a Whig King'and Whig minifter,
j|i«t^ing't0a Whig peoplei A Kinir who did"
ija*tv/^o/^! thst he had no^ intereft diftind from
thatofrhl^ peeple^ hut made them read it in his
afti@B&': ali&n'g' who had too much dignity to
d©e€ivQhi3ipefi|)le>; tfeo much honour to contrive
thfi ruin offifaeiiJ liberties. The fy ftem thfen-' waj
tOL<3^. the 3iid 'of the people; the fyftem now is,
t^ireammndvik.. The Americans, we feei, con-
trihtuitiad ttenr.with zeaL and vigour-; the event
wilLfhewiwHether. the new I fyftem is calcu'kted
t^inftamiei their zeal and encreafe thdir ardour.
Let iMibcwBCverreimembesr^in^theimean ti'mi^ wfeat
credit thofe minifterial tools defer ve, who have
fQ^CH>fi!d©iij%-3dSi!raed'that the, Araerioans did
not contribute to the expences of the late war.
With equal truth is it faid, that the Ameri
cans, pay no.,taxe?, I will give an eftimate of
the' taxes,, both interntd' and external, paid by the
colpr^ of: Virginia, With the income and tx-
penpe of thfe colony, and the balance will (hew
their ability to bear additional impofitions.

EXPENCE.

C 47 )
Quit' rents , — f, ^ .-r-; ..10,000,.,
Iirt'pp.flr ori tdbacco . IV. ' '5,066'.
Tonnag«on: fbifipiivg ' — 5,900*
Britifli manufeftures,. one ttiird
of wrhich^ according^ to, tJie _, ^ -. ;
Britith wr'itei-s, ariles trotir "' '^ -
¦various taxes -i^ — 800,000
Pole tax, land tax, wheel tax,
&c,  •  , I00,00|d/
Froiji tobacco being reftridled tp-
• the ports 6f Great Britain ¦ io6,o6o
Gominiifiori dn the fale of the
tobacco — — : 120,000
GROSS PRODUCE. " f.
From tobacco ' — -^ '660,000
Lumber,' corn, grain and-provi- ¦
i}P^A — ¦ -^ -^ - 300,000
Total 1,140,000 960,^000
It appears from this eftimate, that a ninth
part of the grofs produce of the colotty is paid
for internal taxes— that as muth is facrificed to
the ads of navigation, vvhich reftrid their trade"
to this country for our benefit — that a fum,
almoft'eqiial to the whole, is expended in Britilh
raanufadures and* merchandize, which leaves
the colony in debt, annually, r 80,000/. The'
va^ profits which ^the Britifh merchants make
upon' this commerce, enable them to afford this
* Thefe three fums, amounting to 20,oooi; tbgfetheJ: with
the qjuit, rents in the.oriies North, American <oolonies> aildthe
duty of 4I /<»¦ cext, on. all the produceof-the^Weft India iflands,
except Jamaica, amounting annually, at the. loweft computation,
to 100,000-/' asreipft^ to the crawn, and never accounted for to'
parliainent. Before any fiarther.aid can with propriety be alked
of our American brethren,,, ihould we not fliew them that this
100,000/, is resUy ^pHedto'thcexigenciesortfte'ftate. credit ;

(' 4,8 )'
credit; which when It rifes to an extreme, . is^
reduced by greater frugality in the planter, or,
by an extraordinarily favourable year increafing
the quantity, quality, or price of his' produce,
and confequently the grbf^- income of'the co
lony. The public will judge, from this fitUftt3on of
one of the richeft colonies, "of the ability of
Araerica to bear additional taxes. Were the'
right of impofing them ever fo unqueftionable,
the impropriety of it would be manifeft. A
young people, loaded with an enormous debt of
fix millions, with the balance of trade annually
againft thqm, arifing entirely from the reftric-
tions we irapofe upon their trade, are not fit- ob
jeds of additional taxation. Were thefe circum
ftances reverfed, there would be fome propriety in
applying to them for relief from the load of our
national debt and eftablifhraent : but as it is,
\vere they eyer fo little inclined to queftion your
right, or to refift the impofition of taxes, the
confequence of impofing thera would be ruinous ;
the inhabitants finding It impoffible to live in
fuch circumftances would retire back in troops,
as our own are now eraigrating from Great
Britain and Ireland. Remote frora the fea coaft,
they would live entirely within themfelves, re-,
lihquifhing all commerce with the raother coun
try, and bidding defiance equally to the mer
chant for his debt, andthe crown for Its taxes.
Thefe raeafures being prompted by neceffity
would be irrefiftlble : they would leave us a
depopulated frontier to tyrannize over ; and for
this you would have facrificed a valuable and:
grpwing

( 49 )
grovwing commerce, with .aH the ftrength. and
aid which we have received from the adive ze^l
and vigorous efforts of an affedionate, induftri-
Qus, loyal people. Were I an enemy to Great
Britain, I would promote this very fyftem, to
humble, to overthrow her. Nothing operates
like neceffity : no human wifdom or virtue
can produce equal effeds. Perfevere In thefe
raeafures, ?and you will create that, neceffity,
which -will effed the independence of America
beyond the operatipn of policy or perfuafipn.
. How then are we to, avert thefe evils ? How
are we ;to regain the confidence of America, and
the comraerce of Great Britain ? Nothing more.
eafy. Recall your fleets and armies ; recall your
commiffujners ; repeal your ufelefs,. your ob-
Hoxious laws ; reftore the eftablifhraent of
America to what it was at the conclufion of the
late war ; ceafe tpiiold out re\yards, as if in the
public gazette, for fraud and Impofition. The
Barnards, the Hutchinfons, the Olivers, will
without end make fuch credulity the ruinous
inftruments of their revenge, avarice and am
bition. Such men never want the Ipecious pre-
text'of loyalty and order, tcv cover their Interefted
vievys. ¦-¦
- But. it. will -be, faid, that to retrad would be
to refign our authority .over our colonies.
What^  had we no authority pyer America
till the year 1 764, when thefe meafures cpmr
menced ? Was no revenue colleded, np ads of
parliaraent obeyed, no fupreme power exercifed
or acknowledged till the ftamp-ad ? Was that
ad founded upon any complfunt of this kind ? .
H The

(50 )
The fad is fo far the reverfe, that the revenue
officers remitted more money home before, than
fince that ad; the laws of trade were much
better obeyed ; nor was our fupreine controuling
poVver queftioned or oppofed. If thefe pofitlons
are not true, let thofe who advife thefe Ame
rican mfafm'es, produce, if they can, any au
thentic evidence to refute them. I will refer to
fome of thofe laws, which, in our foverelgnty,
we made for Araerica, and which, in their
reludance to. difpute with us, they obeyed.
In the reftridion of their trade and raanufadures,
the exereife of our power was wantonly op-
prefTive 'y yet until we pafled that line, and at
tempted to take their money from them without
their confent, that is,, to make them the moft
abjed flaves, we hear of no petitions, remon-«
ftrances, and alibciations againft our ads. Jn
proof of what I have faid, 1 wilh recite fome of
the moft grievous exertions of our fupreme au*
thorlty to which they fubmitted.
Firft, The prohibition from making fteel, or
credihg fteel furnaces. This was the raore fe-
vere, as It facrificed all America to five or fix"
perfons in England, engaged, in this raaiiufac-
ture, who are fo far frOm being able to fupply
the market, that con-ftderable quantities.' are year
ly imported frora Germany. ''
Secondly, Obliging them to land the Spaiiifh
and, Portugal wines and fruit, which they im
port, in England, fubjed to, high duties and
heavy charges for re-fhipplng. This reftric-
tioh not. only grievoufly enhances the price of
thefe neceflary articles, but expofes their veffels to

( 51, )
to the, danger, ^nd expence of qn additional, V9y-
J^e.of lo^Q nviles, in a.boifterous fea,, i,n time
of peace ; .and ip time of war, to an ^dv^nced
infurance,pf 25 j6i?r c^«^. , .,
( Thirdly, The reftraint laid on the fale of hats,
and the prohibition of exporting theip. In con
fequence of this, an inhabitant of one province
cannqt buy a hat from his neighbour,, being ^,
hatter, in the other; but muft .(qn^ 3000 miles
fqr it, at three times. the price, jfor the t)enefit of
Our raanufadures,*- Is this no facrifice on the
part of Am^ric? } r^o advantage on ours ?
.Fourthly, They are not fuffered to ered plating
or fliting mills, or tilt hanirhcrs. Thus though iron
is the produce of their own country, they muft
fend it to England, and pay usfor manufetluring
it, bpfore they are fuffered to av^il themfelves of
thofe advantages which, God has given them.
Nails, hoes, ploughs, axes, &c. , they are undei^
the greateft neceffity of ufing, from the nature of
their country^ In great quetntlties ; yet they are
obliged to. take fuch as we pleafe tp, give them,
a^iour own price, loaded with out taxes, and the
charges of douhle freight, comraiffipnsj &c.
Fifthly, They are prohihi.ted from carrying
vyioolj or any kind of .woollen goods raad^, in
one colony, tp anqther. .^.fingle fleece of yvpo^
or a dozen of home-niade hofe carried from one
colony to another, is not only forfeited, bpt fub
jeds the veflel if cpnveyed by water, or th^ wag-
gpn andjhorfes, if by land, to, a fei^ure, and the
owner to, a heavy fine,:
Sixthly, The Ameriffans are not permitted tp
carry logwood tp any foreign market, without
H 2 pre-

( 5^ )
previoufly (bringing it to fome Britifh port, to
landandre-tflilp it,^t.a great rifquev expence, and
lofs ofitime., :'!'.. r ^ ¦
I will not trouble the reader with more in- .
ftances, though there are many. Thefe are am
ply fufficient tO' fhew what authority we had'
over them, and how rigoroufly we exercifed it —
how mueh to our own advantage, and to their
lofs, tWhen we have deftroyed the Americans,
or diflTolved by ourlnjuttlce and extortaon their
connedion with us, where Is It we fhall find
another people whom we may thus .make the
inftruments of our raanufadures and comraerce?
Where is it we can fecure a monopoly of the
grofs article, and of its confumption when ma-
Bufadured ? It is plain from thefe very reftric-
tlons that America is capable of manufaduring
for herfelf ; there is no doubt but that a little
time would enable her to -fupply other nations.
The defifting from this, confining themfelves to
the culture of raw materials, and cohfuming our
raanufadures loaded with every charge, tax and
impofition, is the price they paid for the protec
tion we gave thera. We exaded it rigoroufly,
yet they paid it willingly ; fevere as the reftraints
were, they flourifhed under them, and therefore
did not complain : but when we afTumed a
greater power ; when, not content with reftrain-
ing their acquifitions^ we began to take from
thera at our pleafure what they acquired »und6r
thofe reftraints ; this was a fyftem of fuch glar
ing injuftice that they could not fufcmitito it :
it was a fyftem that; left them nothings they
could call their own. What ihcilement could any

c; 5-3 ) ^
any man in America have to be' induftrimts or
acquire property, when'a houfe of commons, di-^
ftant, unknown to him, unconneded with hini^
uneleded byhira, notifharingin.the tax they Ira-
pofed, or riitHer faving their own as they lavifh-'
ed his property, raight difpofe of it as they pl'eafed,
without his confent or participation,', or thofe' cf
any one deputed by him. Nor were we content
with this, we fubjeded all their' property to the
judgment of a fingle judge of admiralty, without
the intervention of a jury ; ajudge appointed by
the King, fubfifting at his pleafure, yet deter
mining between the King and the fubjed, and
payable out of the forfeitures which his judg
ment againft the fubjed fhould produce. It is
not in- human ' wickednefs and injuftice to devife
moi'e -infallible means of perverting juftice and
rendering property iiifecure. And. that this moft
arbitrary meafure, might be executed In the
moft odious manner, thofe men were' appointed
to thefe offices who had fignalized themfelves,
not 'by their ¦ abilities and virtue,' but by being
infamous' fticklers againft their country. Let
lis contemplate for a moment the effed of this
eftablifliraent of vice-admiralty courts. The
law gives the cuftom-houfe officer the option of
carrying his felzure into any one of the four
courts appointed for all America. The officer
makes his feizure in Penfacola, and libels in the
court at Hallifax,: which is more than two thou
fand miles diftant ;. the owner muft be at the
expence of going thither, muft fubmit bis pro
perty to the arbitration of fuch ajudge, and
whether the decifion be for or againft him, he
can

( 54 )-
can have no retribution ifor his expences., or for
tb^.^layioir for the daraage his cargo may have
received. . The law has made the judge's qertl-
ficiat(?a prOtedionto the offiicer againft an adi@a'
of damages. . >- ;
It feemed however, that the oppreffionof
America was not yet . fufficiently fevere;,, ail
tfaeifc judges ; were therefore rendered dependent
upffl^n the crown for their falaries and, their placesj;
The, lives and liberties as well as the property
of the people were to be at the mercy of the crown.
To raake the ffyffcera compleat, their governors
Were rendered as abfolute as the, Spanifh Vice
roys r in fine, to convince them that they were
doomed,, to experience thelaft exertion of arbi
trary. power, a military force was fent to execute
this fyftem. , ,,r
After all thefe iryuries andinfults, we are fur-
prized fch^t the Americans fhould be difcon-
tented ! We think it extraordinary that they
fhduld deftroy the tea fent on purpofe to com
pel the payment of a duty fo impofed ! It is an
injury to private property : but who offered : the
firft injury to private property ? Who was It
that clairaed and exercifed a right to difpofe i of
all the property In America at their pleafure?
The Britifh, not the American houfe of com
mons. A fet of men aflTerabled at Weftminfter^
who have juft as rauch right to difpofe of pro*
perty in Araerica as the Divan at Conftantino-
ple has in England. This was the firft inter-
rwption of that harraony which fubfifted . be
tween the two countries ; a harmony under
whioh Ihe commerce and manufadures of this
> ' ' country

C si )
country fo eminently prOfpered*' Tl^'A^mefFteans
were not the agreflbrs': they refeeivfed the nfews '
of the intended ftamp-ad 'wkh aft:©nlfhteentv?^
it Was ffjrae time before they could'believe it pof
fible, that a parliaraent which they regarckd^wikh
refped could be guilty of fuoh an "outrage againft
their rights; that a ;boufe of coramon*, i whd;
exifted only by the eledion of the people of
England, who would not fuffer any otheri branch
of the legiflature totouch the property of the peo
ple, becaufe they only ate deputed by them, fhould
feriotifly ' refol ve that ' it might be juft and expe
dient for them to give and grant tbe property of
the people^ of America. One reads,- to this mo"- '
ment, fucha refolution with a mixture of aftonifh*-
raent-and ridicule. Had they refol vedthat it would
be juft and proper for that houfe to turnf^^l the
white people ia America into blacks, it would
not have heen raore ridiculous'. For God'3 fake
whence did they derive the right of' giving the
property of the people of America? Did that
people ever delegate to thera fuch a right ? Can
fuch a right exifl without the delegation! of the
coramunity to whom the property belongs'? Yet
from this abfurd: refolution we proceeded to ads
which have alienated and inflamed all America.
Are the Americans to blame for all this ? Are
they culpable fcr the confequences ? Ajre we to
put fire in a raan's hand and punlfh him for ex-
preffing a, fenfe of pam and endeavouring to re
jed it. ' Are the Americans divefted of the feel
ings 'of humanity ? If they are not, the things
whiich are calculated to- rouze and irritate thofe
feelings/ muft have their effeds. In thefe cir
cumftances

( 56 )
cumftances, the tea was deftroyed at Bbfton by
perfons unknown. Without enquiring after_ the
guilty, without evidence, without a hearing,
(their agent refufed a hearing, upon a quibble
which would have difgraced the Old Bailey)
we proceed to puniffi the town of Bofton, to a
thoufand times the amount of the damage fu-
ftained. But this was not enough ; in violation
of the royal faith, we alter their charter, with
out any. ad of forfeiture even pretended. Their
juries who were chofen by lot, and therefore , ^
as. far as human precaution could effed, were V\\\v
rendered impartial, we have direded to be re
turned by the- fheriff, who is a creature of the
go VernOr's • appointment ; and thus a way is
found out to have the lives, liberties and proper^-
ty- of thcpeople at the mercy of the crown, un
der the form of law. by pack'd juries as well as de
pendent judges. Thefe are the meafures which
axe to calm the comraotions of America, and re
ftore the harmony we have interrupted. Yet
after all thefe proceedings, calculated to exafpe-
rate and inflarae the Americans, and to convince
them that we have neither juftice nor wifdom to
guide u^, the men who have been inftrumental
in all this are gravely told, that the " temper
and firmnefs with which they have aded, will
enfure fuccefs" — and that a bill for eftablifhing
popery and arbitrary governraent in Araerica
" is founded upon the cleareft principles of hu
raanity and juftice." On any other occafion
one would have been tempted to think this was
faid to ridicule them ; let it have been meant
as it will, fuch praife is the fevereft fatire. Spirit

( 57 )
Spirit of the Steuarts, look down and wonder !
This fingle tranfadion will put all your merits
tp the bltifli ! ,^ " ' ' ' '
E yery ^ep we have taken refpe^ting America,
for ten years paft, has been repugnant to the
pradice pf our anceftors. It was their policy
to conc^h£|te the people, and fecure their eom-
merve to Great Britain. Our fyftem has been
to, alienate and irritate them. We have made
It a public virtue in America to difcohtipiie all
commerce with us, and to encourage fmug-
gHqg ; we fh^ll attempt, perhaps too late, to re
turn to the wifdom of former times. If there
Avere any .dcfeds In the American conftitutionsi
we have npt taken the proper fteps to redify
them. " Time only, and long experience," fays
Sully, "can bring remedies tp the defeds in a ftate
whofe form is already determined ; and this ought
always to be,a,ttempted, with a vIewtoth6 plan
pf its original conftitution : this Is fo certiain,
that whenever we fee a ftate conduded by ' raea
fures cot^trary to thofe made ufe of in its foun
dation, we may be alfured a great revolbtlpn is
at hand."* The Araerican conftitutions ' were modelled
upon that pf England. We have began the
reformation : but the taxing the people without
their being reprefented — the depriving them of
all influence in the p;overnment — -the abolition
of juries in part, and rendering the reft liable
to be pack'd by the crown officers— the making
their j^dges dependent, and their governors ab
folute — the impowerlng cuftom-houle officers,
1 at
* Memoirs, v. a.

( 58 )
at their pleafure, to break open a manV doors,
cabinets, chefts, &c. rendering his houfe no
longer bis caftle of protedion — thefe are the
reformations we have attempted Ih America.
They are indeed with a view to the original
conflitution, but maniftftly with a view to
overturn it. The event will fhew whether'
Sully's confequence will follow, whether a
great revolution will enfue. In ray judgraent
it will be Inevitable, unlefs the intervention of
the people at large, who in every view are in-'
terefted to prevent It, fhould exert thofe powers
v.'hich they have in the ftate, and prevail on par
liament to retrad all thofe obnoxious, uncon
ftitutional meafures, and reftore America to
that ftate in which they were at the end of the
war. Our commerce with her then was un
interrupted, profperous and profitable ; our au
thority over her was fully fufficient to preferve-
this advantage. By arrogating more, we en
danger the lofs of the whole, either by the de-
ftrudion or difconnedion of the people upon
whom it depended.
That our authority over America, and the*
advantages we derived from her, before thefe
meafures commenced, were as great as in reafon
and juftice we fhould require, is the opinion of
a wife and well informed foreigner; a writer
who has viewed the ftate of all the European-
colonies, with great impartiality and attention ;'
1 mean the celebrated author of the Hijloirc
philofophique des Indes. His fentiments arc
thefe:' « Great

_( 59 "i
*' Great Britain enjoys all the power Pver
*' her colonies that fhe ought to defire. She
" has a negative on all the laws they make.'
** The executive power is entirely in the hands'
" of her delegates. There is an appeal to her
" from all their civil courts. All their com-
*' mercial movements are in her arbitration.
*' To Increafe the yoke of a domination fo-
" wifely framed, would be to plunge the con-
" tinent anew into that diforder from which
" they have hardly extricated themfelves by-
" two centuries of continual labour and hard-
*' fhips — it would be to compel the induftrlous
" labourers, who have cleared it, to arm in
*' defence of thofe facred rights which they
" hpld equally from nature and fociety. The
" people of England, a people fo devoted to
*' liberty^ who have fometimes proteded it in
*' regions unallied to them — can they forge*
*' th(;fe principles which their glory, their vir-
*' tue, their feelings, their fafety, render an
" eternal duty ? Will they betray thofe rights,-
" which are fo dear to themfelves, fo far as
'* to contribute to reduce their brothers to
*' flavery ? If however it fhould happen, that
" forae incendiary fpirits fhould devife fo fatal-
*' a meafure, and in fome raoment of madnefs
" fhould have It adopted by Great Britainy
" what ought then to be the condud of the
*' colonies, to prevent their falling under the
'* moft odious fervitude ?
" Before they proceed to extremies, they
*' fhould remember all the advantages they-
*' derive from the more powerful ftate-.
" England

( 6o )
" England has always been a bulwark to
" them, againft the nations of Europe. She
*' has been a guide to them, and a prefer ver
" frora thofe civil diffentlons, which jealoufy
" and rlvalfhlp but too often excite among nei-
*' bouring ftates, in their infancy and progrefs.
" It is to the influence of her excellent confti-
*' tution that they owe the profperity they en-
" joy. As long as the colonies continue under
*' wife and moderate regulations, they will con-
** tinue to extend the progrefs of their Induftry
*' to the fartheft extremity of their country.
" But may their love for Great Britain be,
" In the raean time, accompanied by a certain
*' jealoufy of their liberties. Let their rights
*' be frequently examined, difcuffed and ex-
*' plainedi Let them cherifh thofe as their beft'
" citizens, who IncefTantly warn tbem. This
*' jealous fpirit is neceffary in all free ftates ;
*' but more efpecially in a mixed conftitution;"
*' where liberty Is joined with a certain depen-
*' dence neceffary to the connedion between two
" diftant ftates. Such vigilance will be the
" fureft gufirdlan of that union, which ought
" for ever to conned Great Britain and her
" American colonies.
*' But if the miniftry, which always, even
*' in free ftates, confifts of ambitious men,
*' fhould attempt to augment the power of the
*' crown, or the revenue of the ftate, to the
" injury of the colonies, they ought firmly to
" refift the ufurpation — Yet they are too much
" enlightened not to know, that they cannot
" be juftified in proceeding to extrerahies, till

( 6i )
" they have tried every means, of obtaining
" redrefs in vain :* but they know top, that if
" they are driven to the neceffity of chufing
*' flavery or war, if they are compelled to take
" up arms in defence of their liberty, they
" ought not to fully fo noble a ' caufe with
" all the horrors and crueilties of fedition ; and
" with the determined purpofe of not fheathing
" the fword, till their rights are vindicated,
" they fhould be fatisfied with the recovery of
" their former privileges.'*
Prejudice and imaginary interefts, artfully
laid before us, have made us view the whole
of this bufinefs thro' a falfe. medium ; but this
philofopher, who fees the whole with an equal
and impartial eye, whofe examination of the
ftate of* our connedion with America, has
raade him a competent, and his difintereflednefs
an upright judge, can clearly perceive the un
wife and unjuft policy of our proceedings. The
ijUniverfal difcontent in America, where no fuch
, temper vvas ever heard of before t^e com
mencement of thefe meafures, ought to convince
us that they labour under ,real grievances.
It is an infallible truth, what the Duke de Sul
ly has obferved — Pour la pcuple, ce liejt jamais
par envie^ d'attaquer, qu'elle fe fouleve ; mais
* The Americans haye in faft exhaufted every peaceable
means of obtaining redrefs. For feveri years they have incef-
fantly, complained and petitioned for redrefs ; their return haS
invari.nbly been a repetition of injuries, .aggravated by the mqft
intolerable infults. There has hot been a fingle inftance in
which they have. complained, without being rebuked, or ii»
which they have been complained againft, without bein'g pu*
nilhed.
K - par

( 6z )
par impatience de fouffrir.* The people never
rife frpm a defire of doing, but from an im
patience of fuffering injuries. But not only
that Ipvf of tranquility,' which witholds people
in generjtl from commotions, operated with, the
Americans, but the additional motives of affec
tion and refped, which made them always re
gard this country as their horae. Thefe were
habits arifing from education, which always
take the ftrongeft pofleffion of the huraan raind.
Nothing Indeed could have overcorae the re
ftraint of thefe feelings, but lb palpable an In-
vafion of their rights and liberties, as convin
ced thera there was a defign in his majefty's
minifters to enflave them. As the true defen
dants of Englifhmen, they are jealous of their
liberty, and prize it beyond lill earthly bleffings.
It is a fpirit we ought to refped, even in its
excefles, becaufe there is always more danger
of its finking into flavery, than of its rifing in
to licentionefs. When we cenfure the ftrug-
gles of other people for their liberties, I am
afraid we fhall not long contend for our ownr.
No raan, fays the gallant Lord Molefworth,
can be a fincere lover of liberty, who is not for
encreafing and communicating that bleffing to
all people : and therefore the giving or reftoring
it, not only to our brethern of Scotland and
Ireland, but even to France itfelf, were it in
our power, is one of the principal articles of
Whiggifm. May the liberties of England be immortal—
but may Englifhmen ever remember, that the
fame
* V. I. p. IJ3.

(, 63 )
fjme arbitrary fpirit which prompt^; an invafiora
of the conftitujtion In America, will not long
leave that of England unattacked ; and that
the fame corrupt fervilty in their members,
will make the in the inftruihents of the crown
in all its attempts

FINIS.

''T' f

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Tf)ere is »ow, and for fame Time pn/i kis breny preparing far
ihe Prefs.
An Account of the Debates and Proceedings of the House
of Lords from 3742 ; at which Time, the Colie<?tron of
}3ebates of Lords and Commons, known by the Name
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