and other regulations of the ftamp act, and of other acts of parliament: we are of opinion, that the total repealing of that law, efpecially while fuch refiftance continues, would (as governor Barnarde fays is their intention) "make the authority of Great Britain contemptible hereafter;" and that such a fubmiffion of king, lords, and commons, under fuch circumftances, in fo strange and unheard of a conteft, would in effect, furrender their antient, unalienable rights of fupreme jurifdiction, and give them exclufively to the fubordinate provincial legislatures established by prerogative; which was never intended or thought of, and is not in the power of prerogative to bestow; as they are infeparable from the three eftates of the realm affembled in parliament. Secondly. Because the law, which this bill now propofes to repeal, was paffed in the other house with very little oppofition, and in this without one difSentient voice, during the last feffion of parliament, which we prefume, if it had been wholly and fundamentally wrong, could not poffibly have happened; as the matter of it is fo important, and as the intention of bringing of it in, had been communicated to the commons by the first commiffioner of the treafury the year before, and a refolution relating and preparatory to it, was then agreed to in that houfe, without any divifion. Thirdly. Becaufe, if any particular parts of that law, the principle of which has been experienced and fubmitted to in this country, without repining, for near a century paft, had been found liable to juft and reafonable objections, they might have been altered by a bill to explain and amend it, without repealing the whole. And, if any fuch bill had been fent to us by the commons, we thould have thought it our duty to have given it a moft ferious confideration, with a warm defire of relieving our countrymen in America from any grievance or hardship; but with proper care to enforce their fubmiffion and obedience to the law fo amended, and to the whole legislative authority of Great Britain, without any referve or diftinction whatfoever. Fourthly. Becaufe, it appears to us, that a moft effential branch of that authority, the power of taxation, cannot be properly, equitably or impartially exercifed, if it does not extend itftlf to all the members of the state in proportion to their respective abilities; but fuffers a part to be exempt from a due share of those burthens, which the public exigencies require to be impofed upon the whole : a partiality which is directly and manifestly repugnant to the truft repofed by the people in every legislature, and deftructive of that confidence on which all government is founded. Fifthly. Because the ability of our North American colonies, to bear without inconveniency the proportion laid on them by the stamp act of last year, appears to us most unquestionable, for the following reasons: first, That the estimated produce of this tax,' amounting to fixty thousand pounds per annum, if divided amongst twelve hundred thousand people (being little more than one half of the fubjects of the crown in North America) would be only one fhilling per head a year; which is but a third of the wages ufually paid to every labourer or manufacturer for one day's labour: fecondly, That it appears by the accounts that have been laid before this houfe from the commiffioners of trade and plantations, that of the debt contracted by thofe colonies in the last war, above 1,755,000l. has already been difcharged during the course of three years only, by the funds provid ed for that purpose in the several provinces; and the much greater part of the remaining incumbrance, which in the whole is about 760,000 pounds, will be paid in two years more: We must likewife obferve, that the bounties and ad- vantages given to them by parliament in 1764 and 1765, and the duties thereby loft to Great Britain for their fervice, and in order to enable them the more easily to pay this tax, muft neceffarily amount in a few years to a far greater fum than the produce thereof. It is alfo evident, that fuch produce being wholly appropri ated to the payment of the army maintained by this kingdom in our colonies, at the vait expence of almost a fhilling in the pound land tax, annually remitted by us for their special defence and protection; not only no money would have been actually drawn by it out of that country, but the eafe given by it to the people of Great Britain, who are labouring under a debt of feventy millions, contracted by them to fupport a very dangerous war, entered into for the interett and fecurity of of thofe colonies, would have redounded to the benefit of the colonies theinfelves in their own immediate fafety, by contributing to deliver them from the neceflary expence, which many of them have hitherto always borne, in guarding their frontiers against the favage Indians. stamp act, viz. "That they are not reprefented in the parliament of Great Britain," extends to all other laws, of what nature foever, which that Parliament has enacted, or shall enact, to bind them in times to come, and mult (if admitted) fet them abfolutely free from any obedience to the power of the British legiflature; we likewife obferve, that in a letter to Mr. fecretary Conway, dated the 12th of October 1765; the commander in chief of his majesty's forces in North America has declared his opinion, "That "the question is not of the inexpediency " of the stamp act, or of the inability of "the colonies to pay the tax; but that "it is unconftitutional and contrary to Sixthly. Because, not only the right, but the expediency and neceffity of the fupreme legislature, exerting its authority to lay a general tax on our American colonies, whenever the wants of the public make it fitting and reasonable, that all the provinces fhould contribute in a proper proportion to the defence of the whole, appear to us undeniable, from thefe confiderations: first, That every province being feparate and independent" their rights, fupporting the indepenon the others, and having no common council impowered by the conftitution of the colonies to act for all, or bind all, fuch a tax cannot regularly, or without infinite difficulty, be impofed upon them at any time, even for their immediate defence or protection, by their own provincial affemblies; but requires the intervention and fuperintending power of the parliament of Great Britain. Secondly, That in looking forwards to the poffible contingency of a new war, a contingency perhaps not far remote, the profpect of the burthens which the gentry and people of this kingdom must then sustain, in addition to thofe, which now lie fo heavy upon them, is fo melancholy and dread ful, that we cannot but feel it a moft indifpenfible duty to ease them as much as is poffible, by a due and moderate exertion of that great right, which the conftitution of this realm has vefted in the parliament, to provide for the fafety of all, by a proportionable charge upon all, equally and indifferently laid. We likewife apprehend, that a partial exemption of our colonies from any exercife of this right by the British legislature, would be thought fo invidious, and fo unjuft to the other fubjects of the crown of Great Britain, as to alienate the hearts of thefe from their countrymen refiding in America, to the great detriment of the latter, who have on many occafions received, and may again want affiftance, from the generous warmth of their affection. "dency of the provinces, and not sub"ject to the legislative power of Great "Britain." It is moreover affirmed, in ́ a letter to Mr. Conway, dated 7th November, "That the people in general are averfe to taxes of any kind; and that the merchants of that place think they have a right to every freedom of trade which the fubjects of Great Britain now enjoy." This opinion of theirs ftrikes directly at the act of navigation, and other fubfequent laws, which from time to time have been made in the wife policy of that act; and should they ever be encouraged to procure for themselves that abfolute freedom of trade, which they appear to defire, our plantations would become, not only of no benefit, but in the highest degree prejudicial to the commerce and welfare of their mother-country; nor is it easy to conceive a greater encouragement, than the repealing of a law oppofed by them on fuch principles, and with fo much contempt of the fovereignty of the British legislature. Seventhly. Because, the reafons affigned in the public refolutions of the provincial affemblies, in the North American colonies, for their disobeying the Eighthly. Becaufe, the appearance of weakness and timidity in the government and parliament of this kingdom, which a conceffion of this nature may too probably carry with it, has a manifeft tendency to draw on further infults, and by leffening the refpect of all his majesty's fubjects to the dignity of his crown, and authority of his laws, throw the whole British empire into a miferable state of confufion and anarchy, with which it feems by many fymptoms to be dangerously threatened and this is the more to be feared, as the plea of our North American colonies, that not being reprefented in the parlia ment ment of Great Britain, they ought not to pay taxes impofed or levied upon them by the authority thereof, may by the fame reafoning be extended to all perfons in this ifland, who do not actually vote for members of parliament; nor can we help apprehending, that the opinion of fome countenance being given to fuch notions by the legislature itself, in confenting to this bill, for the repeal of the ftamp-act, may greatly promote the contagion of a most dangerous doctrine, deftructive to all government, which has fpread itself over all our North American colonies, that the obedience of the fubject is not due to the laws and legislature of the realm, farther than he in his private judgment fhall think it conformable to the ideas he has formed of a free conftitution. distress; we cannot therefore but wish, that fome more eligible method, confit tent with their future fafety and our dignity, had been taken by parliament, to fhew our tender concern and compaflion for their fufferings, and to difcourage any other fuch unwarrantable attempts; which we are fully perfuaded would have been very practicable, with due care and attention, and at an expence very inferior to the importance of the object. Lastly, because we are convinced from the unanimous teftimony of the governors, and other officers of the crown in America, that if, by a most unhappy delay and neglect to provide for the due execution of the law, and arming the government there with proper orders and powers, repeatedly called for in vain thefe difturbances had not been conNinthly. Becaufe, we think it no ef- tinued and encreased, they might eafifectual guard, or fecurity against this ly have been quieted before they had danger, that the parliament has declared attained to any dangerous height; and in the refolutions of both houfes, paffed we cannot, without feeling the moft liveduring this feffion, and now reduced into ly fenfe of grief and indignation, hear ar a bill, That fuch notions are ill found- guments drawn from the progrefs of evils, ed; as men will always look more to which fhould and might have been stopdeeds than words, and may therefore in- ped in their first and feeble beginnings, cline to believe, that the infurrections in ufed for the ftill greater evil of facrificing our colories, excited by thefe notions, to a prefent relief the highest permanent having fo far proved fuccessful, as to at- interefts, and the whole majefty, power, tain the very point, at which they aimed, and reputation of government: this afthe immediate repeal of the ftamp-act, flicts us the more deeply, because it apwithout any previous fubmiffion on the pears from many letters, that this law, part of the colonies; the legislature has if properly fupported by government, in fact fubmitted to them, and has only would from the peculiar circumftances more grievously injured its own dignity attending the difobedience to it, execute and authority, by verbally-afferting that itfelf without bloodshed. And it is faid right, which it fubitantially yields up to in one of the letters to Mr. Secretary their oppofition. The reafons affigned for C-w-y," That the principal view is this conceffion render it still more alarm- "to intimidate the parliament; but that ing, as they arife from an illegal and ho- if it be thought prudent to enforce their ftile combination of the people of Ame- "authority, the people dare not oppose rica, to distress and starve our manufactu-" a vigorous refolution of the parliament rers, and to with hold from our mer-" of Great Britain." That vigorous rechants the payment of their juft debts: the folution has not yet been found in the former of which meafures has only been parliament; and we greatly fear, that the practifed in open war between two ftates; want of it will certainly produce one of and the latter, we believe, not even in these two fatal confequences; either that that fituation, either by the public or by the repeal of this law will in effect anindividuals, among the civilized nations nul and abrogate all other laws and ftaof Europe, in modern times. If this un- tutes relating to our colonies, and parti precedented plan of intimidation fhall cularly the acts that restrain or limit their meet with fuccefs, it is eafy to forefee, commerce, of which they are mott impas that the practice of it for other and ftill tient; or, if we thould hereafter attempt greater objects will frequently be renew- to enforce the execution of those laws a ed, and our manufacturers and merchants gainft their will, and by virtue of an aureduced to the like, and more permanent thority, which they have dared to infult March, 1766. Z a. with with impunity and fuccefs, that endeavour will bring upon us all those evils and inconveniencies, to the fear of which we now facrifice the fovereignty of the realm; and this at a time when the strength of our colonies, as well as their defire of a total independence on the legidature and government of their mother-country, may be greatly augmented, and when the circumitances, and difpofitions of the other powers of Europe, may render the conteft far more dangerous and formidable to this kingdom. Sc-fd--e It is now about two years ago, fince the house of commons came to a refolution, with regard to the right of laying taxes in America. Every body then knew, and the minifter of that time (George G-no--le) made no fecret of declaring it, that that refolution was the forerunner of a tax. The gentlemen abovementioned, were then in oppofition. T—m▬s B—st-1 They were hanging out the ftandard of patriotifm, and affecting to fight under V-e T-v-r F-r-rs G-fv-nor P-ws it. Yet they did not oppofe this refolution; momentous as it manifeftly appeared to be, in laying not only the foundation of the ftamp tax (which was known to be then in agitation) but of any, and of every other tax which might follow, and involving, as it certainly did, con cerns of the most extreme magnitude," and of the highest importance to both Great Britain and America. It feemed to all, to be a clear thing; for the whole were unanimous. It was not until the following feffion, (See p. 587 in 1765.) that the bill for levying a stamp duty was brought in. So that there was fufficient time given to these fuppofed patriots, for collecting all the arguments and fentiments, of all the interested, and wifeft perfons, on both fides the Atlantic. But they neglected making any use of this great opportunity; though, if they had really wifhed to ferve America, as they now falfely pretend, they certainly ΝΟΤΕ. would not. And this much, at least, muft, or ought, to be faid in behalf of the late miniftry, whom I by no means intend to vindicate in this measure, that very few acts have at any time been paffed with fuch unufual deliberation. Of course then, with the greater contempt ought we to look upon a fet of men, who are now making a parade of pouring forth their mock-fentiments, and arraign ing the propriety of a measure, which they had not fpirit to oppofe, in the proper feafon; notwithstanding the most reafonable allowance of time, for awakening their courage, if they ever had any; and for obtaining intelligence and digefting ideas. But the truth is, the greatest part of them were of the minifter's opinion, and have fince changed their fentiments for the promotion of their interefts. Very little oppofition therefore was made to the bill t; very few things were faid, and there was no divifiont. This was in one place. In another, fo ftrong was the unanimity, that there was not even a fingle fyllable uttered against it, It is true, fome of the old leaven, who call themfelves Whigs, but who are in fact fo corrupt and daftardly, that they are the abufers of any name, but that of time-fervers, did affect to suggest to a certain noble Lord, fomething like a feint of oppofition to the bill. But this noble Lord, who was fingle in the fup NOTE. † Mr. G--nv--le seemed to have other fentiments, when in the debate on the bill, he faid: "We are not to expect to lay taxes, in the prefent ftate of oppofition, without the warmeft debates. We have fo many patriots in this affembly, attach ed to our ultramarine interests, that I am not furprized to find even the most falutary meafures for the mother country rejected. But I confefs, nothing that has as yet fallen upon this fubject, has in the leaft induced me to alter my opi nion." port of public liberty, in the hour of danger, and when none other of the party had virtue to appear; whose intrepidity on that occafion was such, that his real friends began to tremble for his fafety; who was likewise single in fuftaining with his purfe the whole weight of that public caufe; and who preferved, as far, and as long, as one man could, unanimity in fuch a contaminated fet: from whofe popularity of character, difinterefted conduct, and high efteem with the public, they borrowed that shadow of patriotifin, which they now fo aukwardly affect to wear, after having parted with all pretenfions to the fubftance, by the most atrocious and molt abandoned acts of intended and attempted treachery; which being now known, will mark them with infamy to their graves: I fay, this noble Lord, not having forgot the fcandalous leagues they had entered into with a certain prerogative lawyer, fince dead, to betray the caufe; and knowing their defires to extend no further than the emoluments of office; and not doubting the right of parliament, nor perhaps, feeing in the bill itself sufficient ground for con-" teft; and this last reafon has been ac knowledged by the boft American advocates, for, fay they, "Though the "ftamp duty has been the oftenfible "caufe of the late riots, yet that in rea"lity is but a small part of their griev "ance:" (vide True Intereft, and feveral other late pamphlets.) Therefore he did not chufe to oppofe, merely for the fake of oppofition: and the others, who had but barely fuggefted it, did it only for the name, not for the service of the thing; and durft not feparately hazard their own infignificance against a measure, the rectitude or propriety of which they did not attempt to disprove.It is likewife true, that there were fome pętitions against it, but they going more against the right, than any other point, were not, nor indeed could not, be ad mitted. Now all this was long before the reconciliation between the noble Lord and his brother; or before that event was even thought of. So that it cannot be afferted, without the most manifeft vinlation of truth, that the noble Lord changed his opinion in compliment to his relation, or the temper of the times; for he has been uniformly the fame: which is |