of government. Other consent than this, the condition of civil life does not allow. It is the unmeaning clamour of the pedants of policy, the delirious dream of republican fanaticism. But hear, ye sons and daughters of liberty, the sounds which the winds are wafting from the Western Continent. The Americans are telling one another, what, if we may judge from their noisy triumph, they have but lately discovered, and what yet is a very important truth, "That they are entitled to life, liberty, and property, and that they have never ceded to any sovereign power whatever a right to dispose of either without their consent.' While this resolution stands alone, the Americans are free from singularity of opinion; their wit has not yet betrayed them to heresy. While they speak as the naked sons of nature, they claim but what is claimed by other men, and have withheld nothing but what all withhold. They are here upon firm ground, behind entrenchments which never can be forced. Humanity is very uniform. The Americans have this resemblance to Europeans, that they do not always know when they are well. They soon quit the fortress that could neither have been mined by sophistry, nor battered by declamation. Their next resolution declares, that "Their ancestors, who first settled the colonies, were, at the time of their emigration from the Mother-country, entitled to all the rights, liberties, and immunities of free and natural-born subjects within the realm of England." they do not forfeit by any judicial sentence, they may lose by natural effects. As man can be bat in one place at once, he cannot have the advantages of multiplied residence. He that will enjoy the brightness of sunshine, must quit the coolness of the shade. He who goes voluntarily to America, cannot complain of losing what he leaves in Europe. He perhaps had a right to vote for a knight or burgess; by crossing the Atlantic, he has not nullified his right; but he has made its exertion no longer possible.* By his own choice he has left a country where he had a vote and little property, for another where he has great property, but no vote. But as this preference was deliberate and unconstrained, he is still concerned in the government of himself; he has reduced himself from a voter to one of the innumerable multitude that have no vote. He has truly ceded his right, but he still is governed by his own consent; because he has consented to throw his atom of interest into the general mass of the community. Of the consequences of his own act he has no cause to complain; he has chosen, or intended to choose, the greater good; he is represented, as himself desired, in the general representation. But the privileges of an American scorn the limits of place; they are part of himself, and cannot be lost by departure from his country; they float in the air, or glide under the ocean. DORIS amara suam non intermisceat undam. A planter, wherever he settles, is not only a This likewise is true; but when this is grant-freeman, but a legislator, ubi imperator, ibi ed, their boast of original rights is at an end; Roma. "As the English colonists are not rethey are no longer in a state of nature. These presented in the British parliament, they are Lords of themselves, these kings of me, these entitled to a free and exclusive power of legisdemi-gods of independence, sink down to colo-lation in their several legislatures, in all cases of nists, governed by a charter. If their ancestors taxation and internal polity, subject only to the were subjects, they acknowledged a sovereign; | negative of the sovereign, in such manner as has if they had a right to English privileges, they been heretofore used and accustomed. We were accountable to English laws, and what cheerfully consent to the operation of such acts must grieve the lover of liberty to discover, had of the British parliament as are bona fide receded to the king and parliament, whether the strained to the regulation of our external comright or not, at least the power of disposing with-merce-excluding every idea of taxation, inout their consent, of their lives, liberties, and pro- | ternal or external, for raising a revenue on the perties. It therefore is required of them to subjects of America without their consent. prove, that the parliament never ceded to them a dispensation from that obedience, which they owe as natural-born subjects, or any degree of independence or immunity not enjoyed by other Englishmen. They say, That by such emigration they by no means forfeited, surrendered, or lost any of those rights; but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them as their local and other circumstances enable them to exercise and enjoy. That they who form a settlement by a lawful charter, having committed no crime, forfeit no privileges, will be readily confessed: but what Their reason for this claim is, "That the foundation of English liberty, and of all government, is a right in the people to participate in their legislative council." 66 They inherit," they say, "from their ancestors, the right which their ancestors possessed, of enjoying all the privileges of Englishmen." That they inherit the right of their ancestors, is allowed; but they can inherit no more. Their ancestors left a country where the representatives of the people were elected by men par Of this reasoning, I owe part to a conversation with Sir John Hawkins. cularly qualified, and where those who wanted | must modify its particular regulations by the qualifications, or who did not use them, were general law, and whatever may be its internal bound by the decisions of men, whom they had expenses, is still liable to taxes laid by superior pot deputed. authority. The colonists are the descendants of men, ho either had no vote in elections, or who luntarily resigned them for something, in their opinion, of more estimation; they have therefore exactly what their ancestors left them, not a vote in making laws, or in constituting legislators, but the happiness of being protected by law, and the duty of obeying it. What their ancestors did not carry with them, neither they nor their descendants have since acquired. They have not by abandoning their part in one legislature, obtained the power of constituting another, exclusive and independent, any more than the multitudes, who are now debarred from voting, have a right to erect a separate parliament for themselves. Men are wrong for want of sense, but they are wrong by halves for want of spirit. Since the Americans have discovered that they can make a parliament, whence comes it that they do not think themselves equally empowered to make a king? If they are subjects, whose government is constituted by a charter, they can form no body of independent legislature. If their rights are inherent and underived, they may by their own suffrages encircle with a diadem the brows of Mr. Cushing. The charters given to different provinces are different, and no general right can be extracted from them. The charter of Pennsylvania, where this congress of anarchy has been impudently held, contains a clause admitting in express terms taxation by the parliament. If in the other charters no such reserve is made, it must have been omitted as not necessary, because it is implied in the nature of subordinate government. They who are subject to laws, are liable to taxes. If any such immunity had been granted, it is still revocable by the legislature, and ought to be revoked, as contrary to the public good, which is in every charter ultimately intended. Suppose it true that any such exemption is contained in the charter of Maryland, it can be pleaded only by the Marylanders. It is of ne use for any other province; and, with regard even to them, must have been considered as one of the grants in which the king has been deceived, and annulled as mischievous to the pubblic, by sacrificing to one little settlement the general interest of the empire; as infringing the system of dominion, and violating the compact of government. But Dr. Tucker has shown, that even this charter promises no exemption from parliamentary taxes. It is farther declared by the Congress of Philadelphia, "That his Majesty's colonies are en- In the controversy agitated about the begintitled to all the privileges and immunities grant-ning of this century, whether the English laws ed and confirmed to them by royal charters, or secured to them by their several codes of provincial laws." The first clause of this resolution is easily understood, and will be readily admitted. To all the privileges which a charter can convey, they are by a royal charter evidently entitled. The second clause is of greater difficulty: for how can a provincial law secure privileges or immunities to a province? Provincial laws may grant to certain individuals of the province the enjoyment of gainful, or an immuuity from onerous, offices; they may operate upon the people to whom they relate; but no province can confer provincial privileges on itself. They may have a right to all which the king has given them; but it is a conceit of the other hemisphere, that men have a right to all which they have given to themselves. A corporation is considered in law as an individual, and can no more extend its own immunities, than a man can by his own choice assume dignities or titles. The legislature of a colony (let not the comparison be too much disdained) is only the vestry of a larger parish, which may lay a cess on the inhabitants, and enforce the payment; but eau extend no influence beyond its own district, could bind Ireland, Davenant, who defended against Molyneux the claims of England, considered it as necessary to prove nothing more, than that the present Irish must be deemed a colony. The necessary connection of representatives with taxes, seems to have sunk deep into many of those minds, that admit sounds without their meaning. Our nation is represented in parliament by an assembly as numerous as can well consist with order and despatch, chosen by persons so differently qualified in different places, that the mode of choice seems to be, for the most part, formed by chance, and settled by custom. Of individuals, far the greater part have no vote, and of the voters, few have any personal knowledge of him to whom they intrust their liberty and fortune. Yet this representation has the whole effed expected or desired; that of spreading so wig the care of general interest, and the partici pation of public counsels, that the advantagı or corruption of particular men can selden operate with much injury to the public. For this reason many populous and opulent towns neither enjoy nor desire particular representatives; they are included in the general 障 剎 scheme of public administration, and cannot iffer but with the rest of the empire. It is urged that the Americans have not the me security, and that a British legislator may wanton with their property; yet if it be true, that their wealth is our wealth, and that their ruin will be our ruin, the parliament has the same interest in attending to them, as to any other part of the nation. The reason why we place any confidence in our representatives is, that they must share in the good or evil which their counsels shall produce. Their share is, indeed, commonly consequential and remote; but it is not often possible that any immediate advantage can be extended to such numbers as may prevail against it. We are therefore as secure against intentional depravations of government, as human wisdom can make us, and upon this security the Americans may venture to repose. It is said by the Old Member who has written an Appeal against the tax, that "as the produce of American labour is spent in British manufactures, the balance of trade is greatly against them; whatever you take directly in taxes, is in effect taken from your own commerce. If the minister seizes the money with which the American should pay his debts and come to market, the merchant cannot expect him as a customer, nor can the debts already contracted be paid. Suppose we obtain from America a million, instead of one hundred thousand pounds, it would be supplying one personal exigence by the future ruin of our commerce. Part of this is true; but the Old Member seems not to perceive, that if his brethren of the legislature know this as well as himself, the Americans are in no danger of oppression, since by men commonly provident they must be so taxed, as that we may not lose one way what we gain another. The same Old Member has discovered that the judges formerly thought it illegal to tax Ireland, and declares, that no cases can be more alike than those of Ireland and America; yet the judges whom he quotes have mentioned a difference. Ireland, they say, hath a parliament of its own. When any Colony has an independent parliament acknowledged by the parliament of Britain, the cases will differ less. Yet by the 6 Geo. I. chap. 5, the acts of the British parliament bind Ireland. It is urged, that when Wales, Durham, and Chester, were divested of their particular priviges, or ancient government, and reduced to the state of English counties, they had representatives assigned them. To those from whom something had been taken, something in return might properly be given. To the Americans their charters are left as they were, nor have they lost any thing except that of which their sedition has deprived them. If they were to be represented in par liament, something would be granted, though nothing is withdrawn. The inhabitants of Chester, Durham, and Wales, were invited to exchange their peculiar institutions for the power of voting, which they wanted before. The Americans have voluntarily resigned the power of voting, to live in distant and separate governments, and what they have voluntarily quitted, they have no right to claim. It must always be remembered, that they are represented by the same virtual representation as the greater part of Englishmen ; and that if by change of place they have less share in the legislature than is proportionate to their opulence, they by their removal gained that opulence, and had originally, and have now, their choice of a vote at home, or riches at a distance. We are told, what appears to the Old Member and to others a position that must drive us into inextricable absurdity, that we have either no right, or the sole right, of taxing the Colonies. The meaning is, that if we can tax them, they cannot tax themselves; and that if they can tax themselves, we cannot tax them. We answer, with very little hesitation, that for the general use of the empire we have the sole right of taxing them. If they have contributed any thing in their own assemblies, what they contributed was not paid, but given; it was not a tax or tribute, but a present. Yet they have the natural and legal power of levying money on themselves for provincial purposes, of providing for their own expense, at their own discretion. Let not this be thought new or strange; it is the state of every parish in the kingdom. The friends of the Americans are of different opinions. Some think that being unrepresented, they ought to tax themselves; and others, that they ought to have representatives in the British parliament. If they are to tax themselves, what power is to remain in the supreme legislature? That they must settle their own mode of levying their money, is supposed. May the British parliament tell them how much they shall contribute? If the sum may be prescribed, they will return few thanks for the power of raising it; if they are at liberty to grant or to deny, they are no longer subjects. If they are to be represented, what number of these western orators are to be admitted? This, I suppose, the parliament must settle; yet if men have a natural and unalienable right to be represented, who shall determine the number of their delegates? Let us however suppose them to send twenty-three, half as many as the kingdom of Scotland, what will this representation avail them? To pay taxes, will be still a grievance. The love of money will not be lessened, nor the power of getting it increased. Whither will this necessity of representation | selves ready to maintain by force. They bare drive us? Is every petty settlement to be out of the reach of government, till it has sent a senator to parliament; or may two of them, or a greater number, be forced to unite in a single deputation? What at last is the difference between him that is taxed by compulsion without representation, and him that is represented by compulsion in order to be taxed? For many reigns the House of Commons was in a state of fluctuation: new burgesses were added from time to time, without any reason now to be discovered; but the number has been fixed for more than a century and a half, and the king's power of increasing it has been questioned. It will hardly be thought fit to new-model | the constitution in favour of the planters, who, as they grow rich, may buy estates in England, and, without any innovation, effectually represent their native colonies. The friends of the Americans, indeed, ask for them what they do not ask for themselves. This inestimable right of representation they have never solicited. They mean not to exchange solid money for such airy honour. They say, and say willingly, that they cannot conveniently be represented; because their inference is, that they cannot be taxed. They are too remote to share the general government, and therefore claim the privilege of governing themselves. armed the militia of their provinces, and seized the public stores of ammunition. They ar therefore no longer subjects, since they refuse the laws of their sovereign, and in defence d that refusal are making open preparations fg war. Being now in their own opinion free states, they are not only raising armies, but forming alliances; not only hastening to rebel themselves, but seducing their neighbours to rebellion. They have published an address to the inhabitants of Quebec, in which discontent and resistance are openly incited, and with very respectful mentio of the sagacity of Frenchmen invite them to send deputies to the Congress of Philadelphia, to that seat of Virtue and Veracity, whence the people of England are told, that to establish popery, a religion, fraught with sanguinary ani impious tenets, even in Quebec, a country af which the inhabitants are papists, is so contrary to the constitution, that it cannot be lawfully done by the legislature itself; where it is made one of the articles of their association, to de prive the conquered French of their religious establishment; and whence the French of Que bec are, at the same time, flattered into sedition. by professions of expecting "from the liberality of sentiment distinguishing their nation, that difference of religion will not prejudice them against a hearty amity, because the transcendant nature of freedom elevates all, who unite in the cause, above such low-minded infirmities." Of the principles contained in the resolutions of the Congress, however wild, indefiuite, and obscure, such has been the influence upon American understanding, that from New England to South Carolina there is formed a general combination of all the provinces against their Mother-country. The madness of independence has spread from colony to colony, till order is lost, and government despised, and all is filled with misrule, uproar, violence, and confusion. To be quiet is disaffection, to be loyal is treason. The Congress of Philadelphia, an assembly convened by its own authority, has promulgated a declaration, in compliance with which the communication between Britain and the greatest part of North America is now suspended. They ceased to admit the importation of English goods in December, 1774, and determine to per-sachusett's Bay, now famous by the appellation mit the exportation of their own no longer than to November, 1775. Quebec, however, is at a great distance. They have aimed a stroke from which they may hope for greater and more speedy mischief. They have tried to infect the people of England with the contagion of disloyalty. Their credit is happily not such as gives them influence proportionate to their malice. When they talk of their pretended immunities guaranteed by the plighted faith of Government, and the most selemn compacts with English Sovereigns, we think ourselves at liberty to inquire when the faith was plighted, and the compact made; and when we can only find that king James and king Charles the First promised the settlers in Mas of Bostonians, exemption from taxes for seven years, we infer with Mr. Mauduit, that by this solemn compact they were, after the expiration of the stipulated term, liable to taxation. When they apply to our compassion, by telling us, that they are to be carried from their own country to be tried for certain offences, we are not so ready to pity them, as to advise them not to offend. While they are innocent, they are safe. When they tell of laws made expressly for their punishment, we answer, that tumults and sedition were always punishable, and that the new law prescribes only the mode of execution. When it is said that the whole town of Boston is distressed for a misdemeanour of a few, we wonder at their shamelessness; for we know that the town of Boston, and all the associated provinces, are now in rebellion to defend or justify the criminals. If frauds in the imposts of Boston are tried by commission without a jury, they are tried here in the same mode; and why should the Bostonians expect from us more tenderness for them than for ourselves? If they are condemned unheard, it is because there is no need of a trial. The crime is manifest and notorious. All trial is the investigation of something doubtful. An Italian philosopher observes, that no man desires to hear what he has already seen. the Courts of Admiralty, or the extension of authority conferred on the judges, it may be answered in a few words, that they have themselves made such regulations necessary; that they are established for the prevention of greater evils; at the same time it must be observed, that these powers have not been extended since the rebellion in America. One mode of persuasion their ingenuity has suggested, which it may perhaps be less easy to resist. That we may not look with indifference on the American contest, or imagine that the struggle is for a claim, which, however decided, is of small importance and remote consequence, the Philadelphian Congress has taken care to inform us, that they are resisting the demands of parliament, as well for our sakes as their Their keenness of perspicacity has enabled them to pursue consequences to a greater distance; to see through clouds impervious to the dimness of European sight; and to find, I know not how, that when they are taxed, we shall be enslaved. If their assemblies have been suddenly dis-own. solved, what was the reason? Their deliberations were indecent, and their intentions seditious. The power of dissolution is granted and reserved for such times of turbulence. Their best friends have been lately soliciting the King to dissolve his parliament, to do what they so loudly complain of suffering. That the same vengeance involves the innocent and guilty, is an evil to be lamented, but human caution cannot prevent it, nor human power always redress it. To bring misery on those who have not deserved it, is part of the aggregated guilt of rebellion. That slavery is a miserable state, we have been often told, and doubtless many a Briton will tremble to find it so near as in America; but how it will be brought hither, the Congress must inform us. The question might distress a common understanding; but the statesmen of the other hemisphere can easily resolve it. That governors have been sometimes given" Our ministers," they say, "are our enemies, them only that a great man might get ease from and if they should carry the point of taxation, importunity, and that they have had judges not may with the same army enslave us. It may always of the deepest learning or the purest in- be said, we will not pay them; but remember," tegrity, we have no great reason to doubt, be- say the western sages, "the taxes from America, cause such misfortunes happen to ourselves. and we may add the men, and particularly the Whoever is governed, will sometimes be govern- Roman Catholics of this vast continent, will ed ill, even when he is most concerned in his own then be in the power of your enemies. government. have you any reason to expect, that after making slaves of us, many of us will refuse to assist in reducing you to the same abject state." That improper officers or magistrates are sent, is the crime or folly of those that sent them. When incapacity is discovered, it ought to be removed; if corruption is detected, it ought to be punished. No government could subsist for a day, if single errors could justify defection. One of their complaints is not such as can claim much commiseration from the softest bosom. They tell us, that we have changed our conduct, and that a tax is now laid by parliament on those who were never taxed by parliament before. To this we think it may be easily answered, that the longer they have been spared, the better they can pay. It is certainly not much their interest to represent innovation as criminal or invidious; for they have introduced into the history of mankind a new mode of disaffection, and have given, I believe, the first example of a proscription published by a colony against the Mothercountry. To what is urged of new powers granted to Nor These are dreadful menaces; but suspecting that they have not much the sound of probability, the Congress proceeds: "Do not treat this as chimerical. Know that in less than half a century the quit-rents reserved to the crown from the numberless grants of this vast continent, will pour large streams of wealth into the royal coffers. If to this be added the power of taxing America at pleasure, the crown will possess more treasure than may be necessary to purchase the remains of liberty in your island." All this is very dreadful; but amidst the terror that shakes my frame, I cannot forbear to wish that some sluice were opened for these streams of treasure. I shall gladly see America return half of what England has expended in her defence; and of the stream that will flow so largely in less than half a century, I hope a small rill at least may be found to quench the thirst of the present generation, which seems to think |