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iii. An offer of enfranchisement from slave-trading

England would be inconsistent. (32 17–28)

f. You cannot pump the ocean dry. (32 29-33 3)

B. It is impolitic to prosecute the spirit as criminal (33 4-11); for 1. It is impossible to draw up an indictment against a whole

people. (3312–32)

2. In an empire the head cannot insist that a privilege pleaded against his will constitutes rebellion. (33 33-34 28) 3. England should not act as a judge in her own cause. (34 29-35 18)

4. The attempts at criminal punishment have not proved expedient (35 19-21); for

a. Though rebellion has been declared in Massachusetts, it has not been proceeded against as such. (35 22–34) b. All the menaces and penal laws have failed of effect.

(36 1-11)

C. Since the causes of the spirit of liberty cannot be removed, and since it is impracticable to prosecute the spirit as criminal, England should comply and satisfy the complaint of the colonies that they are taxed without representation (36 12–18); for 1. To please a people you must give them what they ask for. (36 19-31)

Refutation.

2. The argument that England has a legal right to tax is irrelevant (36 32–37 25); for

a. The question is not one of technical right but of policy. (37 26-38 3)

b. Even if the Americans had abjured their rights, it would be worth while to yield in order to secure tranquillity. (38 4-18)

3. The argument that a repeal of the revenue laws would lead to a repeal of the trade laws is unsound (39 1-20); for a. It is an argument to keep mischievous laws in order to preserve laws that are useless (40 3-11); for

i. Lord North says the restraints on trade are useless. (39 21-28)

4.

ii. The revenue laws produce no revenue.

(39 29-40 2)

b. As a matter of fact the revenue laws do not protect the

trade laws (40 12–23); for

i. The quarrel is about revenue laws and there have been

few complaints of the trade laws. (40 24-41 11)

The argument that concession on the part of England will lead to further demands on the part of the colonists is unsound (41 12-19); for

a. It is not true that the fewer causes of dissatisfaction there are, the more the subject will be inclined to rebel. (41 20-22)

b. The argument is urged in defiance of fact and experience. (41 23-27)

Direct Proof.

5. Concession is in accordance with the genius of the English constitution (41 28–42 13); for

a. It has been successfully tried in four cases (42 14–16); for i. Ireland was won by concessions. (42 17-44 5)

ii. Wales was won by concessions (44 6–11); for

x. Military force made the people ferocious. (44 12-24) y. Rigorous laws failed to subdue their fierce spirit. (44 25-45 16)

z. When under Henry the Eighth the Welsh received the rights and privileges of the English, order was. restored. (45 17–46 14)

iii. Chester was won by concessions. (46 15-47 26)

iv. Durham was pacified in the same manner. (47 27–48 3) 6. These precedents apply to America (48 4–7); for

a. The conditions are almost identical. (48 8–31)

7. Although on account of the distance of the colonies it is impossible to give them representation in Parliament, yet there is a plan which will give almost complete satisfaction both to them and to England (48 32–49 14); for

a. The plan of having Parliament stop imposing taxes and of giving the colonies the right to grant money will help to give satisfaction (49 15-52 2); for

[Here are inserted from time to time the resolutions which express in formal terms the ideas already presented.]

Refutation.

i. The argument that their grievances are not real is unsound. (52 3–53 4)

ii. The competence of the colonial assemblies to grant is certain. (53 20-547)

Direct Proof.

iii. The colonial assemblies have been generous in their grants (54 8-14); for

y. Their generosity has been frequently acknowledged by Parliament.

(54 15-56 2)

Refutation.

z. The miserable stories that America has not borne her
share of the burden are unfounded (56 3-12); for
a. The colonies have had to run heavily into debt.
(56 13-28)

Direct Proof.

iv. The revenue by grant has been more productive than the revenue by imposition. (56 29–57 28)

b. The repeal of the penal laws will help to give satisfaction (57 29-58 27); for

i. The Boston Port Bill is unjust. (58 28-595)

ii. The abrogation of the charter of Massachusetts subverted public and private justice. (59 6-22)

iii. The act for bringing persons accused of committing murder under the orders of government to England for trial was but temporary. (59 23–29)

iv. The act for the trial of treasons has been turned from its original intention. (59 30-34)

c. Securing to the colonies a fair and unbiased judicature will help to give satisfaction (60 1-15); for

i. The courts of admiralty are incommodiously situated. (60 16-33)

Refutation.

d. The argument that the grievance in regard to taxation logically extends to all legislation is unsound (61 9–17); for i. The words are those of the Chester Act passed by Parliament. (61 18-62 10)

ii. The colonies have not in any cool hour gone beyond a demand for immunity in regard to taxes. (62 11–63 21) iii. The Americans will have no interest contrary to the grandeur and glory of England when they are not oppressed by the weight of it. (63 22-34)

e. The argument that the power of granting, if vested in American assemblies, would dissolve the unity of the empire is unsound (64 1-9); for

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i. Ireland has had a separate but not an independent government. (64 10-22)

f. Burke's plan will be more satisfactory than Lord North's (64 23-34); for

i. The latter contains the unwise proposition of a ransom by auction. (65 1-9)

ii. It is an unconstitutional experiment of taxing the colonies in the cabinet. (65 10-31)

iii. It does not give satisfaction to the colonies. (65 32–66 13) iv. Unless the plan is universally accepted, it will plunge England into great difficulties (66 14, 15); for

y. The settlement of proportions of payment will be almost impossible. (66 16-25)

z. The obedient colonies will be heavily taxed: the refractory will remain unburdened. (66 26-67 27) v. It will give either a trifling permanent revenue or continual quarrels at each change of quotas. (67 28–32) vi. It is impossible to provide for punctual payments. (67 33-68 13)

g.

vii. It is a scheme of disunion. (68 14-27)

The argument that Burke's plan will furnish no revenue has little weight (69 17, 18); for

i. By giving the colonies freedom it will increase their power of producing revenue. (69 19-70 16)

ii. The political parties in the colonies will advocate grants in order to obtain the favor of the home government.

(70 17-71 6)

h. As a matter of fact our experience with India shows that America is too remote to be taxed. (71 7-28)

Direct Proof."

8. England will be best served by winning the loyalty and affection of her colonies (71 29-72 19); for

a. The British Empire is held together not by laws but by loyalty (72 20-734); for

i. It is so with the revenue, the army, and the navy. (73 5-15)

b. Magnanimity is the thing which has built up the empire and which will preserve it. (73 16-74 10)

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