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ence was made without a comparison; but it | genitors; that they are too obstinate for persua has never been my fortune to find, either in anrient or modern writers, any honourable mention of those, who have with equal blindness hated their country.

These antipatriotic prejudices are the abortions of folly impregnated by faction, which being produced against the standing order of nature, have not strength sufficient for long life. They are born only to scream and perish, and leave those to contempt or detestation, whose kindness was employed to nurse them into mischief.

To perplex the opinion of the public, many artifices have been used, which, as usually happens when falsehood is to be maintained by fraud, lose their force by counteracting one another.

sion, and too powerful for constraint; that they will laugh at argument, and defeat violence; that the continent of North America contains three millions, not of men merely, but of Whigs, of Whigs fierce for liberty, and disdainful of dominion; that they multiply with the fecundity of their own rattlesnakes, so that every quarter of a century doubles their numbers.

Men accustomed to think themselves masters, do not love to be threatened. This talk is, í hope, commonly thrown away, or raises passions different from those which it was intended to excite. Instead of terrifying the English hearer to tame acquiescence, it disposes him to hasten the experiment of bending obstinacy before it is become yet more obdurate, and convinces hin that it is necessary to attack a nation thus prolific while we may yet hope to prevail. When he is told through what extent of territory we must travel to subdue them, he recollects how far, a few years ago, we travelled in their defence. When it is urged that they will shoot up like the hydra, he naturally considers how the hydra was destroyed.

The nation is sometimes to be mollified by a tender tale of men, who fled from tyranny to rocks and deserts, and is persuaded to lose all claims of justice, and all sense of dignity, in compassion for a harmless people, who having worked hard for bread in a wild country, and obtained by the slow progression of manual industry the accommodations of life, are now invaded by unprecedented oppression, and plundered of their properties by the harpies of tax-magnanimous, shrinks at the thought of declination.

Nothing dejects a trader like the interruption of his profits. A commercial people, however

ing traffic, and an unfavourable balance. The effect of this terror has been tried. We have been stunned with the importance of our Ame

warehouses that are never to be emptied, and of manufacturers starving for want of work.

We are told how their industry is obstructed by unnatural restraints, and their trade confined by rigorous prohibitions; how they are forbid-rican commerce, and heard of merchants with den to enjoy the products of their own soil, to manufacture the materials which nature spreads before them, or to varry their own goods to the nearest market: and surely the generosity of English virtue will never heap new weight upon those that are already overladen; will never delight in that dominion, which cannot be exercised but by cruelty and outrage.

But while we are melting in silent sorrow, and in the transports of delirious pity dropping both the sword and balance from our hands, another friend of the Americans thinks it better to awaken another passion, and tries to alarm our interest, or excite our veneration, by accounts of their greatness and their opulence, of the fertility of their land, and the splendour of their towns. We then begin to consider the question with more evenness of mind, are ready to conclude that those restrictions are not very ppressive which have been found consistent with this speedy growth of prosperity; and begin to think it reasonable that they, who thus flourish under the protection of our government, should contribute something towards its expense.

That our commerce with America is profit. able, however less than ostentatious or deceitful estimates have made it, and that it is our interest to preserve it, has never been denied; but surely it will most effectually be preserved, by being kept always in our own power. Concessions may promote it for a moment, but superiority only can ensure its continuance. There will always be a part, and always a very large part, of every community that have no care but for themselves, and whose care for themselves reaches little farther than impatience of imme diate pain, and eagerness for the nearest good. The blind are said to feel with peculiar nicety. They who look but little into futurity, have perhaps the quickest sensation of the present. A merchant's desire is not of glory, but of gain; not of public wealth, but of private emolument; he is therefore rarely to be consulted about war and peace, or any designs of wide extent and distant consequence.

Yet this, like other general characters, will sometimes fail. The traders of Birmingham have rescued themselves from all imputation of narrow selfishness by a manly recommendation parliament of the rights and dignity of their native country.

But we are soon told that the Americans, however wealthy, cannot be taxed; that they are the descendants of men who left all for lib-to erty, and that they have constantly preserved the principles and stubbornness of their pro

To these men I do not intend to ascribe an

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absurd and enthusiastic contempt of interest, but to give them the rational and just praise of distinguishing real from seeming good, of being able to see through the cloud of interposing difficulties, to the lasting and solid happiness of victory and settlement.

Lest all these topics of persuasion should fail, the greater actor of patriotism has tried another, in which terror and pity are happily combined, not without a proper superaddition of that admiration which latter ages have brought into the drama. The heroes of Boston, he tells us, if the stamp act had not been repealed, would have left their town, their port, and their trade, have resigned the splendour of opulence, and quitted the delights of neighbourhood, to disperse themselves over the country, where they would till the ground, and fish in the rivers, and range the mountains, AND BE FREE.

These surely are brave words. If the mere sound of freedom can operate thus powerfully, let no man hereafter doubt the story of the Pied Piper. The removal of the people of Boston into the country, seems even to the Congress not only difficult in its execution, but important in its consequences. The difficulty of execution is best known to the Bostonians themselves; the consequence, alas! will only be, that they will leave good houses to wiser men.

Yet before they quit the comforts of a warm home for the sounding something which they think better, he cannot be thought their enemy who advises them to consider well whether they shall find it. By turning fishermen or hunters, woodmen or shepherds, they may become wild, but it is not so easy to conceive them free; for who can be more a slave than he that is driven by force from the comforts of life, is compelled to leave his house to a casual comer, and whatever he does, or wherever he wanders, finds every moment some new testimony of his own subjection? If choice of evil be freedom, the felon in the galleys has his option of labour or of stripes. The Bostonian may quit his house to starve in the fields; his dog may refuse to set, and smart under the lash, and they may then congratulate each other upon the smiles of liberty, profuse of bliss and pregnant with delight.

To treat such designs as serious, would be to think too contemptuously of Bostonian understandings. The artifice indeed is not new; the blusterer who threatened in vain to destroy his opponent, has sometimes obtained his end, by making it believed that he would hang himself. But terrors and pity are not the only means by which the taxation of the Americans is opposed. There are those who profess to use them only as auxiliaries to reason and justice, who tell us, that to tax the colonies is usurpation and oppression, an invasion of natural and igal rights, and a violation of those principles

which support the constitution of English gov. ernment.

This question is of great importance. That the Americans are able to bear taxation, is indubitable; that their refusal may be overruled, is highly probable; but power is no sufficient evidence of truth. Let us examine our own claim, and the objections of the recusants, with caution proportioned to the event of the decision, which must convict one part of robbery, or the other of rebellion.

A tax is a payment exacted by authority from part of the community for the benefit of the whole. From whom, and in what proportion, such payment shall be required, and to what uses it shall be applied, those only are to judge to whom government is intrusted. In the British dominions taxes are apportioned, levied, and appropriated by the states assembled in parliament.

Of every empire all the subordinate communities are liable to taxation, because they all share the benefits of government, and therefore ought all to furnish their proportion of the expense.

This the Americans have never openly denied. That it is their duty to pay the costs of their own safety, they seem to admit; nor do they refuse their contribution to the exigences, whatever they may be, of the British empire; but they make this participation of the public burden a duty of very uncertain extent, and imperfect obligation, a duty temporary, occasional, and elective, of which they reserve to themselves the right of settling the degree, the time, and the duration, of judging when it may be required, and when it has been performed.

They allow to the supreme power nothing more than the liberty of notifying to them its demands or its necessities. Of this notification they profess to think for themselves, how far it shall influence their counsels, and of the necessities alleged, how far they shall endeavour to relieve them. They assume the exclusive power of settling not only the mode but the quantity of this payment. They are ready to co-operate with all the other dominions of the king; but they will co-operate by no means which they do not like, and at no greater charge than they are willing to bear.

This claim, wild as it may seem, this claim, which supposes dominion without authority, and subjects without subordination, has found among the libertines of policy many clamorous and hardy vindicators. The laws of nature, the rights of humanity, the faith of charters, the danger of liberty, the encroachments of usurpation, have been thundered in our ears, sometimes by interested faction, and sometimes by honest stupidity.

It is said by Fontenelle, that if twenty philosophers should resolutely deny that the presence

of the sun makes the day, he will not despair | enemies and the same friends; the government but whole nations may adopt the opinion. So protected individuals, and individuals were remany political dogmatists have denied to the quired to refer their designs to the prosperity of Mother-country the power of taxing the Colo- the government. nies, and have enforced their denial with so much violence of outcry, that their sect is already very numerous, and the public voice suspends its decision.

In moral and political questions the contest between interest and justice has been often tedious and often fierce, but perhaps it never hap pened before, that justice found much opposition with interest on her side.

For the satisfaction of this inquiry, it is necessary to consider how a Colony is constituted, what are the terms of migration as dictated by nature, or settled by compact, and what social or political rights the man loses, or acquires, that leaves his country to establish himself in a distant plantation.

Of two modes of migration the history of mankind informs us, and so far as I can yet discover, of two only.

By this principle it is, that states are formed and consolidated. Every man is taught to con sider his own happiness as combined with the public prosperity, and to think himself great and powerful, in proportion to the greatness and power of his governors.

Had the western continent been discovered between the fourth and tenth century, when all the northern world was in motion; and had navigation been at that time sufficiently advanced to make so long a passage easily practicable, there is little reason for doubting but the intu mescence of nations would have found its vent, like all other expansive violence, where there was least resistance; and that Huns and Vandals, instead of fighting their way to the south of Europe, would have gone by thousands and by myriads under their several chiefs to take possession of regions smiling with pleasure and waving with fertility, from which the naked inhabitants were unable to repel them.

In countries where life was yet unadjusted, and policy unformed, it sometimes happened that by the dissensions of heads of families, by the ambition of daring adventurers, by some accidental pressure of distress, or by the mere discontent of idleness, one part of the community broke off from the rest, and numbers, greater or smaller, forsook their habitations, put them-Bay to the Pacific Ocean. selves under the command of some favourite of fortune, and with or without the consent of their countrymen or governors, went out to see what better regions they could occupy, and in what place, by conquest or by treaty, they could gain a habitation.

Every expedition would in those days of laxity have produced a distinct and independent state. The Scandinavian heroes might have divided the country among them, and have spread the feudal subdivision of regality from Hudson's

But Columbus came five or six hundred years too late for the candidates of sovereignty. When he formed his project of discovery, the fluctua tions of military turbulence had subsided, and Europe began to regain a settled form, by esta blished government and regular subordination. No man could any longer erect himself into a chieftain, and lead out his fellow-subjects by his own authority to plunder or to war. He that

Sons of enterprise like these, who committed to their own swords their hopes and their lives, when they left their country, became another nation, with designs, and prospects, and inter-committed any act of hostility by land or sea, ests of their own. They looked back no more to their former home; they expected no help from those whom they had left behind; if they conquered, they conquered for themselves; if they were destroyed, they were not by any other power either lamented or revenged.

Of this kind seem to have been all the migrations of the early world, whether historical or fabulous, and of this kind were the eruptions of those nations which from the North invaded the Roman empire, and filled Europe with new sovereignties.

But when by the gradual admission of wiser laws and gentler manners, society became more compacted and better regulated, it was found that the power of every people consisted in union, produced by one common interest, and operating in joint efforts and consistent counsels. From this time independence perceptibly wasted away. No part of the nation was permitted to act for itself. All now had the same

without the commission of some acknowledged sovereign, was considered by all mankind as a robber or pirate, names which were now of little credit, and of which therefore no man was ambitious.

Columbus in a remoter time would have found his way to some discontented Lord, or some younger brother of a petty sovereign, who would have taken fire at his proposal, and have quickly kindled with equal heat a troop of followers; they would have built ships, or have seized them, and have wandered with him at all adventures as far as they could keep hope in their company. But the age being now past of vagrant excursion and fortuitous hostility, he was under the neces sity of travelling from court to court, scorned and repulsed as a wild projector, an idle promiser of kingdoms in the clouds; nor has any part of the world yet had reason to rejoice that he found at last reception and employment.

In the same year, in a year hitherto disastrous

to mankind, by the Portuguese was discovered the passage of the Indies, and by the Spaniards the coast of America. The nations of Europe were fired with boundless expectations, and the iscoverers pursuing their enterprise, made conquests in both hemispheres of wide extent. But the adventurers were not contented with plunder: though they took gold and silver to themselves, they seized islands and kingdoms in the name of their sovereigns. When a new region was gained, a governor was appointed by that power which had given the commission to the conqueror; nor have I met with any European but Stukeley of London that formed a design of exalting himself in the newly found countries to independent dominion.

To secure a conquest, it was always necessary to plant a colony, and territories thus occupied and settled were rightly considered as mere extensions, or processes of empire; as ramifications which, by the circulation of one public interest, communicated with the original source of dominion, and which were kept flourishing and spreading by the radical vigour of the Mother-country.

whom the king grants a charter, permitting them to settle in some distant country, and enabling them to constitute a corporation, enjoying such powers as the charter grants, to be administered in such forms as the charter prescribes. As a corporation, they make laws for themselves; but as a corporation subsisting by a grant from higher authority, to the control of that authority they continue subject.

As men are placed at a greater distance from the supreme council of the kingdom, they must be intrusted with ampler liberty of regulating their conduct by their own wisdom. As they are more secluded from easy recourse to national judicature, they must be more extensively commissioned to pass judgment on each other.

For this reason our more important and opulent colonies see the appearance and feel the effect of a regular legislature, which in some places has acted so long with unquestioned authority, that it has forgotten whence that authority was originally derived.

To their charters the colonies owe, like other corporations, their political existence. The solemnities of legislation, the administration of justice, the security of property, are all bestowed upon them by the royal grant. Without their charter there would be no power among them, by which any law could be made, or duties enjoined, any debt recovered, or criminal punished.

The colonies of England differ no otherwise from those of other nations, than as the English constitution differs from theirs. All government is ultimately and essentially absolute, but subordinate societies may have more immunities, or individuals greater liberty, as the operations of government are differently conducted. An Englishman in the common course of life A charter is a grant of certain powers or priand action feels no restraint. An English co-vileges given to a part of the community for lony has very liberal powers of regulating its own manners and adjusting its own affairs. But an English individual may by the supreme authority be deprived of liberty, and a colony divested of its powers for reasons of which that authority is the only judge.

the advantage of the whole, and is therefore liable by its nature to change or to revocation. Every act of government aims at public good. A charter, which experience has shown to be detrimental to the nation is to be repealed; because general prosperity must always be preferred to particular interest. If a charter be used to evil purposes, it is forfeited, as the weapon is taken away which is injuriously employed.

In sovereignty there are no gradations. There may be limited royalty, there may be limited consulship; but there can be no limited government. There must in every society be some power or other from which there is no appeal, which admits no restrictions, which pervades the whole mass of the community, regulates and adjusts all subordination, enacts laws or repeals them, erects or annuls judicatures, ex-repealed; by such repeal the whole fabric of tends or contracts privileges, exempt itself from question or control, and bounded only by physical necessity.

By this power, wherever it subsists, all legislation and jurisdiction is animated and maintained. From this all legal rights are emanations, which, whether equitably or not, may be Jegally recalled. It is not infallible, for it may do wrong; but it is irresistible, for it can be resisted only by rebellion, by an act which makes it questionable what shall be thenceforward the supreme power.

An English colony is a number of persons, to

The charter therefore by which provincial governments are constituted, may be always legally, and where it is either inconvenient in its nature or misapplied in its use, may be equitably

subordination is immediately destroyed, and the constitution sunk at once into a chaos: the society is dissolved into a tumult of individuals, without authority to command, or obligation to obey; without any punishment of wrongs but by personal resentment, or any protection of right but by the hand of the possessor.

A colony is to the Mother-country as a member to the body, deriving its action and its strength from the general principle of vitality; receiving from the body, and communicating to it all the benefits and evils of health and disease; liable in dangerous maladies to sharp ap.

plications, of which the body however must partake the pain; and exposed, if incurably tainted, to amputation, by which the body likewise will be mutilated.

The Mother-country always considers the colonies thus connected, as parts of itself; the prosperity or unhappiness of either, is the prosperity or unhappiness of both: not perhaps of both in the same degree, for the body may subsist, though less commodiously, without a limb, but the limb must perish if it be parted from the body.

house is fortified by the law, and that nothing can be taken from him but by his own consent. This consent is given for every man by his representative in parliament. The America unrepresented, cannot consent to English taxations as a corporation, and they will not consent as individuals.

Of this argument, it has been observed by more than one, that its force extends equally to all other laws, for a freeman is not to be exposed to punishment, or be called to any onerous service, but by his own consent. The Congress Our colonies therefore, however distant, have has extracted a position from the fanciful Monbeen hitherto treated as constituent parts of tesquieu, that “in a free state every man being the British empire. The inhabitants incorporat- a free agent, ought to be concerned in his own ed by English charters, are entitled to all the government." Whatever is true of taxation, is rights of Englishmen. They are governed by true of every other law, that he who is bound English laws, entitled to English dignities, regu- by it, without his consent, is not free, for he is lated by English counsels, and protected by not concerned in his own government. English arms; and it seems to follow by con- He that denies the English parliament the sequence not easily avoided, that they are sub-right of taxation, denies it likewise the right of ject to English government, and chargeable by making any other laws civil or criminal, yet this English taxation.

To him that considers the nature, the original, the progress, and the constitution of the colonies, who remembers that the first discoverers had commissions from the crown, that the first settlers owe to a charter their civil forms and regular magistracy, and that all personal immunities and legal securities, by which the condition of the subject has been from time to time improved, have been extended to the colonists, it will not be doubted but the parliament of England has a right to bind them by statutes, and to bind them on all cases whatsoever, and has therefore a natural and constitutional power of laying upon them any tax or impost, whether external or internal, upon the product of land, or the manufactures of industry, in the exigencies of war, or in the time of profound peace, for the defence of America, for the purpose of raising a revenue, or for any other end beneficial to the empire.

There are some, and those not inconsiderable for number, nor contemptible for knowledge, who except the power of taxation from the general dominion of parliament, and hold, that whatever degrees of obedience may be exacted, or whatever authority may be exercised in other acts of government, there is still reverence to be paid to money, and that legislation passes its limits when it violates the purse.

Of this exception, which, by a head not fully impregnated with politics, is not easily comprehended, it is alleged as an unanswerable reason, that the colonies send no representatives to the House of Commons.

It is, say the American advocates, the natural distinction of a freeman, and the legal privilege of an Englishman, that he is able to call his possessions his own, that he can sit secure in the enjoyment of inheritance or acquisition, that his

power over the colonies was never yet disputed by themselves. They have always admitted statutes for the punishment of offences, and for the redress or prevention of inconveniences; and the reception of any law draws after it, by i chain which cannot be broken, the unwelcome necessity of submitting to taxation.

That a freeman is governed by himself, or by laws to which he has consented, is a position of mighty sound; but every man that utters it, with whatever confidence, and every man that hears it, with whatever acquiescence, if consent be supposed to imply the power of refusal, feels it to be false. We virtually and implicitly allow the institutions of any government of which we enjoy the benefit, and solicit the protection. In wide-extended dominions, though power has been diffused with the most even hand, yet a very small part of the people are either primarily or secondarily consulted in legislation. The business of the public must be done by delega tion.

The choice of delegates is made by a select number, and those who are not electors stand idle and helpless spectators of the commonweal, wholly unconcerned in the government of them selves.

Of the electors, the hap is but little better. They are often far from unanimity in their choice, and where the numbers approach to equality, almost half must be governed not only without, but against their choice.

How any man can have consented to institutions established in distant ages, it will be difficult to explain. In the most favourite residence of liberty, the consent of individuals is merely passive, a tacit admission, in every com munity, of the terms which that community grants and requires. As all are born the subjects of some state or other, we may be said to have been all born consenting to some system

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