THE CONDUCT OF THE Late Administration, &c.
THE reader will see in the motto prefixed to this tract, the reasons for undertaking it: the state of the common-wealth is such, whether we consider the debt, the factions, and the venality of the kingdom; or the little prospect there is of finding another minister who will oppose himself to the two latter, for the sake of alleviating the former; that it can no longer support our vices; tho' it has still perhaps strength sufficient to bear an application of the proper remedies. But these remedies cannot be hoped for 'till our former conduct, the motives, and the effects of it are generally understood. A persuasion that if these were fairly laid before the public, our opinions, and consequently our measures would be altered; and that it is not even yet too late to retrieve, in some degree, the losses which the state has sustained while her interests have been neglected and sacrificed, was the motive which produced this publication: a motive which, if it does not give success to the design, will, it is hoped, carry with it an excuse for the attempt. For although personal altercations and private feuds have degraded the tribunal of the public, the attention of which they [Page 4]have so long engrossed; yet the questions which are peculiarly proper for its cognizance, are those which concern the honor, the wealth, or the safety of the community; and especially those plans of foreign and domestic policy, which are pursued by those to whom the interests of the state are entrusted: no introduction therefore or apology is necessary to a tract, which proposes to enquire into the merit of those measures which have lately been adopted by the late ministry, with regard to points of the greatest importance to the empire, commerce and security of Great-Britain.
It were ever to be wished that enquiries of this sort could be made without descending to personal accusations; for the subjects are much lessened when the reputations of particular men, the praise or censure of some minister, becomes a considerable part of them. But on this occasion, it is feared that this reserve is impossible; when we judge of the merits of measures, we necessarily judge of those by whom they were planned and executed. If, however, in the course of the enquiry blame shall be thrown on particular persons, the writer can truly say, that this was not in his first intention, and that it is only the necessary result of the subject he treats; a subject of so much importance, that he has not suffered the dislike which he feels in common with almost all mankind to personal censure, to stifle that information which the public has a right to receive upon a point which goes up to the very first principles of our constitution, and involves in it questions upon which the existence of all government depends. The reader easily sees that the subject I mean is the stamp act. This is the measure of the greatest importance, both in itself and in its consequences: referring therefore the other plans of the year to some future hour, it is proposed at present to examine the conduct of the ministry, with regard to this [Page 5] act, from the time at which they came into office, to that at which it was repealed.
If this is done without partiality, the persons whose conduct is examined will have no reason to complain; they especially will have no reason to complain of being called to a public trial, who are perpetually assuring us that their delight, their merit, and their support is, that they possess entirely the favour of the public. To disprove the truth of this assertion, nec enim (to use the words of Cicero) populum romanum esse illum puto, qui constat ex iis qui mercede conducuntur, qui impelluntur ut vim afferant magistratibus, ut obsideant senatum; and to shew by what arts they gained, for a short time, the appearance of popularity, would be easy; but it is of little consequence in itself, and foreign to the present subject; the discussion of which will however determine (which is a question of more importance) whether they have deserved it.
To decide on the merits of their conduct, it is necessary that the state of affairs should be known; that the intelligence received from America, the mode and the degree of the resistance there made, the wishes of our friends, the efforts of the opposers, the conduct of our officers, should be stated; especially that the instructions sent by the ministry in consequence of the informations they had received should be examined. Upon these grounds this enquiry is conducted; whenever a fact is asserted, the authorities for it are quoted or referred to; authorities so convincing as to leave no room for doubt; they consist of letters, minutes of councils, instructions, advices, orders, transmitted to and from America. Transcripts of these are now in the possession of so many persons, and the power of consulting them is in the reach of so many more, that the reader will not suspect any false quotation is attempted in circumstances which render the detection [Page 6]of it so very easy. Some of these are inserted in the appendix; from others extracts only are made, with references in the notes to the letters themselves, and credit is taken from the exactness of them upon the same ground; as well as for those in which the names of the writers are omitted; the only reason of this omission is to avoid the possibility of informing the Americans (who, it is feared, do not want this information) by what channels the intelligence of their proceedings was conveyed to us; for, to the disgrace of Great Britain, her friends and advocates in one of her provinces, are not (it seems) to be protected or avowed. And surely it is time that the public should receive the evidence which has hitherto been industriously concealed from them, whilst false, though positive assertions, and unmeaning declamation have been substituted in its place: it is time, that having heard with eagerness and even with partiality the claims of America, they should hear with patience, at least whilst I plead, the cause of Great Britain; that they should read with impartiality, whilst I state very shortly, (not the merits, for they are beside the present question, but) the principles and progress of the stamp-act: an act to which to private interests, no party views, nothing but public motives could give rise; and the intentions of which, however they might be treated in America, deserve the approbation of every inhabitant of Great Britain.
The first and great principle of all government, and of all society, is, that support is due in return for protection; that every subject should contribute to the common defence, in which his own is included. Nam neque quies gentium sine armis, neque arma sine stipendiis, neque stipendia sine tributis haberi queunt. Tacit. Hist. lib. 4. It was necessary, and it was just, to recur to this principle at the close of the last war. [Page 7]It was found necessary to maintain upwards of 10000 men for the defence of our colonies; an expence of between 3 & 400,000 l. per ann. great part of which was entirely new, was, on that account, to be incurred; it was just that the colonies which had profited so much by the war, whose interests, commerce and security had been the first objects of the peace; and of whose ability to bear at least some proportion of that new expence there neither was nor is any reason to doubt, should contribute (not to support or to defend Great Britain but) about a third part of the expence necessary for their own defence and protection.
Upon this general and acknowledged principle, and upon this application of it, which was just in itself, and which the situation of this country made necessary, and which it might have been expected, would appear neither unreasonable or unpleasing to an English ear, the stamp act was planned. In the beginning of the year 1764 the proposition of imposing, by a duty on stamps, a tax on America, in conformity to uninterrupted precedents for near 100 years, was made, and thrown into the form of resolution. At that time the merits of this question were opened at large; those who have lately so loudly asserted the privileges and exemptions of America were then publicly called upon to deny, if they thought it fitting, the right of the legislature to impose any tax either internal or external upon that country: and not a single person ventured to controvert that right. A year's delay however was given, that any information might be received from America, with regard to the expediency of the particular tax proposed, not to permit the right of imposing it to be controverted. This distinction was fully opened at that time, and afterwards explained to the agents of the provinces.
This delay was however abused by some of the [Page 8] Americans; and when, in the beginning of the year 1765, the plan was carried into execution by a bill several petitions from America which denied their right of imposing taxes [...] the Col [...], were presented to the parliament, and were therefore rejected without a division; no one person having been then found, in either house, who would declare it to be his opinion that America was not, in this instance, subject to Great-Britain a In 1766 the act was repealed, but even [Page 9]then the administration, determined as they were on the repeal, and though they were to carry their point chiefly by the assistance of tha [...] gentleman's speeches who denied the right of England to tax the colonies, were however obliged, before they ventured to propose this measure to parliament, to prepare the way by a bill asserting the right in the fullest & strongest terms.
So that however the public may have been misled by the authority of names quoted on the other side of the question, it can be doubted of no longer; the supreme legislature has asserted, in the most explicit and solemn manner, its right to the obedience of its American subjects; and therefore the assertions of particular persons, opposed to this, not only deserve that disregard which they will meet, who propagate opinions contrary to the common declared sense, and detrimental to the interests of their country, but become also highly criminal: for it is now as criminal to assert the exemption of America from taxes imposed by parliament, as it is to assert, that parliament had no right to repeal the stamp act.
The right of Great-Britain being established and universally acknowledged (except by about six or seven voices) it is certain, that whatever the private opinions of particular men might be, it was the duty of every subject to have submitted to this law while it subsisted; and the duty of those to whom the execution of it was committed, to have enforced it.
The next step therefore is to enquire whether the administration took the measures proper and necessary [Page 10]to procure due obedience to a law in which the interests and dignity of Great-Britain were so deeply concerned; or whether they are guilty of having, by neglect and connivance, encouraged a resistance to her authority, and shaked the very foundations of her empire.
To judge of this, it is necessary to examine the instructions and orders issued by the s—y of st—e for the southern department, to whom this important branch of our dominions is officially entrusted.
The letters of Mr. s—y C—y are of three dates; they are reprinted here, having been already printed in America. The first of them is a single letter to governor Fauquier, dated Sept. 14, 1765 b. On the 24th of October, 1765, the s—y wrote to major general Gage c, to governor Bernard d, and a circular letter to the governors of the colonies e; and on the 15th of December, 1765, he sent letters to major general Gage f, and to lieutenant governor Colden g. Of this last an extract only is given, the rest is omitted, as it contains a censure on a particular person.
The reader will justly be surprised, that on a subject so important, at a time so critical, no more directions were issued; he will be more so, to find that the letter to governor Bernard, of the first date, and that of the last, to general Gage, refer to those of the 24th of October, 1765 for instructions, (the letter to governor Colden is on a particular subject only) that the letter of the 24th of October, 1765, though addressed to so many different governors, presiding over people so different in their form of government, character and conduct, is the same to each; and indeed a mere facsimile of that sent to the commander in chief of the English forces; that in fact only one instruction was [Page 11]issued during that period, and that from all his essays on obedience, it would be difficult to extract any thing which could give real directions or assistance to the governors, whose conduct was to determine, whether the empire of North America should be retained in obedience, or thrown into an independence fatal to themselves and dangerous to Great-Britain.
For the sake of perspicuity and of justice, the method observed is this, before each letter is considered, the information which the writer of it had then received is stated; for it is only by thus placing ourselves in his situation, that we can form an impartial judgment on the propriety of his conduct. After considering each of these dispatches, there is thrown together the intelligence received subsequent to any orders given by him, but previous to the repeal of the stamp act.
It is necessary to begin by a description of the state of this matter, when the s—ls of the southern department were put into the hands of Mr. C—y.
As soon as the stamp act had received the royal assent, which was on the 22d. of March, 1765, the administration which had planned it began to take such measures as might most effectually carry it into execution: and though such complaints of the future burden had been received from America, as are ever made by those who have been long indulgently exempted from bearing any; and though some of that country had proceeded even to deny the right of Great-Britain to impose them; yet the act was not yet passed; and to impose and to secure the collection of the tax would be so effectual a vindication of that right, that in lenity to the colonies any severer animadversion on their conduct was spared.
This act had given a jurisdiction for the recovery of the penalties, incurred by the breach of it, to the same [Page 12]courts of admiralty which for near a century had possessed that jurisdiction with regard to the laws of revenue and trade. This clause it had in common with those laws which had formerly passed respecting subjects of the like nature; but (and that was peculiar to this act) it provided a remedy for the inconveniences and abuses, to which those courts might be liable.
While our colonies were few in number, and small in extent, the court of admiralty could never be far distant from, nor its officers unknown to the clients in that court: but upon the encrease of them to their present greatness of territory and people, it had been a grievance complained of by the persons the most loyally disposed to the government of England, that the distance of many of the provinces from the seat of this court, with the difficulty of obtaining the assistance of lawyers, must often operate so as to bar the justest claim; and deprive the subjects of their property, by disabling them from prosecuting their right to it. Another material objection arose from the constitution of this court; in which the judge was paid by a poundage of the money arising from such seizures as were condemned: this, as it made it his interest rather to condemn than to acquit, if it did not influence the decisions of the judge, took from them however that air of impartiality which can alone secure to them respect.
To obviate the possibility of that fraud and oppression to which these circumstances might give rise, a clause had been inserted in the stamp act, giving a power of forming such a number of courts of vice-admiralty, as might place the decision of his property more within the reach of every subject in America; and in execution of this design, those who were then commissioners of the treasury, formed and submitted to the privy council a plan for appointing three courts of vice admiralty, with proper districts, and with ample [Page 13]and honourable fixed salaries to the judges, in lieu of all fees; that so situated, and so supported, applications to them might be less expensive and inconvenient, and their decisions less suspected h.
The treasury, after consulting the board of trade and the agents of several of the colonies, next applied themselves to the dividing the country, in which the act was to operate, into such districts as might be most convenient for the receipt of the revenue, and least troublesome to those from whom it was to be collected.
After receiving and considering the plans of the stamp office, who were necessarily to be employed in it, for carrying the law into execution, they formed such instructions as might be adequate to the occasions of the officers to whom the execution of it was to be entrusted.
The choice of these officers was of great importance; they did not therefore proceed to this hastily, or in the common track of official recommendation: they waited till they received from the most respected men in each colony, applications in favour of persons of the best credit in it; and they complied with these, both as it gave the best security for the discharge of the trust to be committed to the officers, and as it might much facilitate the collection of the duty.
Whoever reads the list of distributors appointed on this occasion, will see that the general intention was to bestow that office on colonists: this would prevent [Page 14]the dissatisfaction which must always and in every country arise, at seeing offices of profit in the collection of a duty imposed on them, thrown into any other hands than their own; and would engage the principal men in each colony to support the person whom they had themselves recommended, to assist the execution of the law, and to conciliate to it the minds of their countrymen. The influence of this measure would be the more extensive, as the appointment of the inferior distributors was necessarily rested in the principal distributor for every province; the persons appointed by him would, it is probable, be his friends, neighbours or dependants, colonists also; and the same motives would engage therefore throughout the country a number of colonists in the same cause.
In fact it appears, that this design was generally executed, except in the new colonies, in which description Nova-Scotia and Georgia are included; in these it was scarcely possible that any natives should be found capable of executing the office: but even in these the principal was so strictly adhered to, that in Nova-Scotia a gentleman was said to be therefore appointed because he was one of the first settlers in that colony.
The board of treasury was not less attentive to the other qualification of their officer, that he should be not only a colonist, but recommended by persons best acquainted with, and most concerned and respected in the several provinces: few were appointed who were not either of the council or the assembly. The reader, perhaps, does not expect to be informed that colonel Mercer was recommended by Mr. Montague, the agent for Virginia, in the name of the governor, council, and assembly of that province; which Mr. Mercer himself insisted on, as his apology to the people of Virginia. Dr. Franklyn, agent for Pensylvania, applied for, and succeeded in behalf of Mr. Hughes. [Page 15]Mr. Cox, distributor for New-Jersey, owed the office to the sollicitation of the same gentleman, whose son was then governor of the province; and besides the application of Mr. Anthony Bacon, in favour of Mr. Mac Evers, for distributor of New-York, I have seen the copy of a letter from Mr. Mac Evers to Mr. alderman Barlow Trecothic, in which, to use his own expression, he repeats his great obligations to that alderman, for having him nominated a distributor of the stamps.
In the pursuit of these plans, and before the officers could be sent with those instructions which were preparing for them, the administration was stopped by that change of government, of which, as the author of it is dead, I shall only say, that by placing Mr. C—y in the office of s—y of st—e, for the southern department, it entrusted the execution of a law, of the greatest importance in its consequences, to one of the very few persons who had opposed the passing it. The consequence has been such as might have been expected, was foreseen by thinking me [...], and, as will appear from the course of the evidence, designed by the new ministers.
Previous to the change of ministry, not only the government had received no intelligence which might give them reason to suspect resistance in America; but even the persons who were afterwards the most forward in magnifying this resistance, and applying the arguments drawn from it to their own purposes, had then no expectation of it. It is not possible to suppose that Mr. Trecothick, Mr. Bacon, Dr. Franklyn, who solicited colonel Mercer, and Mr. Meserve, who accepted this office, would either have solicited or accepted it, if they had thought they should have been exposed to that violence, which the neglect of some, and the evil intentions of others, afterwards produced. Another [Page 16]and still stronger proof arises from the testimonies of those who were the best informed of the progress, and most interested in the success, of this act in America. It is the opinion of almost every officer there, that it would be obeyed; an opinion given at a period of time subsequent to this, and even after an avowed resistance to it had been raised, neglected and encouraged. It would be endless to quote all these opinions, some of them may be necessary, a few will be sufficient
In a letter from New-York i it is said, The people now begin to cool a little, and some of the most considerable of them to think how they shalt do their business after the first of November, and cannot conceive of any method of doing it without making use of stamped paper; never was an act better made to execute itself than this is.
Another writer from New-England k (after a very exact description of the pains taken to prevent the execution of the law) says, I cannot help thinking that when a clear representation of the miseries which await the province, if the stamp act is not executed at its day, shall be made to them, they cannot but be alarmed; and must sacrifice their prejudices and their popularity too, if necessary, to save their country from immediate ruin.
In the colony in which the insults on government had been most violent, a person well acquainted with these outrages sollicits the appointment of distributor of stamps for the province, of which the mob had forced a resignation from another hand; That l (these are his words) I may likewise enjoy the advantage of that office when it is quietly submitted to, as no doubt it will be in a few months.
[Page 17] A letter from Virginia has this passage m, I am not altogether without hopes that the distress they will feel, on a total stagnation of business, will open their eyes, and pave the way for the act executing itself; for I am credibly informed, that some of the most busy men, in opposing the reception of the stamps, are already alarmed at the consequences of the imprudent steps they have taken.
Even so late as December 1765, another n letter from New York has these words; Since that time nothing has been done, and we have waited to see the law execute itself, which I am persuaded it must do shortly; for the suspension of it has occasioned so many inconveniences here, in every branch of business, that they do already begin to be severely felt.
These circumstances, says the same person o, induce me to think that the face of affairs will change very soon, and I hope in my next letter to give a more favourable account of our proceedings.
And, to close this point with an evidence of the strongest kind, the council and house of representatives of Massachuset's bay speak thus of the act p of the former sessions, granting certain duties in the British colonies and plantations in America: To which act we humbly apprehend we may propose our objections, at the same time we acknowledge our duty to yield obedience to it while it continues unrepealed.
This was the state of affairs when that ministry was removed; the intention of removing them was declared in the middle of May, 1765. The next administration came into office in the beginning of July; Mr. C—y's letter, which gives notice of his appointment to the southern department, is dated the 12th of that month.
[Page 18] They had reason to know, from the intelligence of, and several letters received at the secretary of state's office, that the objections to the stamp act were of three kinds; the first arose from the opinion q that the powers given by that act, to the court of vice-admiralty constituted over all America, would be grievous to the subject from the great distance of that court, and would distinguish the subjects in the colonies from those in Great-Britain by depriving them of a trial by jury; the second from the fear that it would exhaust the provinces of their specie; and the third from their claim to the privilege of judging of their own ability, and of having the sole right of imposing taxes on themselves. To obviate the two first of these objections, nothing was required of them but to execute the provisoes of the act, and those other measures which the former ministry had already begun. With regard to the first, they had only to remind them that a jurisdiction had been assigned to the judges of the court of admiralty, upon the laws of revenue and of trade, without juries, for near a century past. The reason for putting these causes in a course of trial without any jury, undoubtedly arose from an apprehension that juries, in these cases, were not to be trusted: the force of this reason may be abated, but I cannot think that it is wholly destroyed: no candid man will, I believe, take upon him to declare, that at this time an American jury is impartial and indifferent enough to determine upon frauds in trade. These are the words of a very well informed and candid judge. They might have informed them, that it is so far from being true, that the subjects in North-America, by being deprived in these cases of trials by jury, are in that respect distinguished from their fellow r [Page 19]subjects in Great-Britain; that in this very instance of the stamp duties, the penalties are, by the laws now in force for collecting them in Great-Britain, recoverable also without trial by jury, as well as on all the laws of excise, and many others respecting the public revenue in Great-Britain.
With regard to the seat and the support of the court, the former lords of the treasury had made a representation to his Majesty in council (founded on a clause inserted in the stamp act for this very purpose) stating s the expediency of giving the judges in America sufficient and honourable salaries in lieu of all poundage and fees, and of establishing three different courts of vice-admiralty, with proper districts annexed to each. Had the succeeding ministers condescended to execute, on this plan, the laws of their country, a plan which had been fully opened and approved in parliament at the time when the stamp act was proposed, all the dissatisfaction and clamour which arose from misrepresentation on these points had been remedied.
It would have calmed the fears which were expressed, that the colonies would be drained of their specie, if the ministry had issued to the several officers the directions which the late commissioners of the treasury had given on this subject, viz. t That, in order to obviate the inconvenience of bringing into this kingdom the money to be raised by the stamp duties, all the produce of the American duties, arising or to arise by vertue of any British act of parliament, should from time to time be paid to the deputy pay-master in America, to defray the subsistence of the troops, and any military expences incurred in the colonies.
The last objection which arose from the claim of [Page 20]the colonies to an exemption from taxes imposed by parliament, was to be treated in a different manner; as the two former were to be obviated by explanations, this, now the act imposing a tax was passed, was to be repressed by authority. They saw that a part of the Americans was impatient of those restrictions, which it is the interest of the whole empire to impose with regard to their commerce; the late regulations of their trade had been petitioned against as grievous and oppressive, because they contradicted their illicit views; and from the general temper of that country it appeared, that it was necessary to hold the rein with a temperate but firm hand. But besides this, the fullest accounts were soon received of the turbulent and seditious behaviour of a part of America. So early as the 27th of July, 1765, a copy of the resolutions of the colony of Virginia was transmitted to the ministry, in which the right of the parliament of Great-Britain to tax that colony is absolutely denied: these resolutions are printed in the appendix u. The Governor had thought it necessary to dissolve an assembly capable of such an insult on the legislature of Great-Britain: at the time this pacquet arrived no board of trade existed, and the papers were therefore carried immediately to the secretary of state. As soon as a new board of trade was formed they represented to the King in council that, w These resolutions, as they contain an absolute disavowal of the right of the parliament of Great-Britain to impose taxes upon her colonies, and a daring attack upon the constitution of this country, appear to us to require an immediate and serious attention; and whatever further measures your Majesty may, with the advice of your council, judge [Page 21]proper to be taken either for expressing your royal disapprobation of these proceedings, or for preventing the fatal consequences which they naturally tend to produce, we think it our duty to submit to your Majesty's consideration, whether, in the mean time, it may not be expedient to dispatch immediate instructions to your Majesty's servants in your Majesty's colony of Virginia, who may be concerned in enforcing the execution of the law for levying the [...]uty upon stamps, that they do each in their several department, in support of the authority of parliament, vigorously exert themselves, and, with becoming resolution upon every occasion, exact a due obedience to all the laws of the land.
But even this was not the only incitement to vigour which was given to administration; a much stronger was to be drawn from the intelligence they received of the state of that provinc [...]; they saw from it that these resolutions which assert an independence upon England, were meant to be not merely verbal assertions, but principles of action; they were accompanied by a most alarming description which was given of the situation of the colony, by one of the persons best acquainted with it x: The most solemn treaties (he writes) with our Indian neighbours have been most publicly violated. The violators of the treaty and public peace have been as publicly rescued out of the hands of justice. Government it set at open defiance, not having strength in her hands to enforce obedience to the laws of the community▪ But even this description, alarming as it was, joined to the certain evil consequence and great danger of delay, could not awaken the administration to the discharge of their duty. The letter which was written on this occasion y, [Page 22]instead of endeavouring to repress by authority this open defection in a provincial assembly; instead of encouraging the officers to the performance of their duty, instead of representing the punishments due to disobedience, takes that languid tone which must appear the effect of inability to maintain the empire of Great-Britain, or of a formed resolution to sacrifice it.
The s—y, in direct contradiction to the papers immediately before him, calls the resolutions the offspring of the violence of some individuals, and treats the colonists as disposed to pay a wise and virtuous obedience; in that very important and critical hour, when the eyes of all America must be turned on the reception which such resolutions as those of Virginia should meet with in England, and on the conduct which a new ministry would hold towards the colonies, to take from thence instructions for their future behaviour; when they were to be restrained within the bounds of a dutiful submission, or excited to resolutions of equal violence by the fate of these, he takes no step to check their licence, or encourage their obedience.
Intelligence had been received, that new and unconstitutional principles were avowed by the colony of Virginia; the principles of independence on England, and exemption from taxes imposed by the British parliament; that many outrages had been committed in that colony; and upon the whole, that government was set at open defiance. Upon this intelligence it was his duty to have given immediate support to government, to have asserted the rights of England, and to have maintained them by holding out rewards to the obedient, punishment to the seditions; by giving activity to the civil, and, if necessary, to the military power; especially and directly to have sent the most positive instructions to the officers to exact a due obedience to the laws of the land.
[Page 23] It would scarcely be credited, were not the facts before the public that, after waiting from the 27th of July to the 14th of September, before he returned any reply, the reply gives the officer to whom it was written neither instruction nor encouragement; that it does not even contain a direction to assert the authority of government, which had been defied, or to exact a submission to the laws and legislature, which had been renounced; a respect to parliament, a confidential resiance of the colonies on the mother country, these are the strongest expressions in which the s—y of Great-Britain claims the obedience of her subjects: and, lest even these should seem to countenance any exertion of authority, he takes care to disclaim giving any direction in them; he will not pretend to give any advice or instructions on these subjects; but refers the governor to an instruction to be hereafter receiving from the privy council. The question was, whether the colonies are independent of the acts of the legislature of Great-Britain? A question which, after so many acts of parliament immediately respecting and binding the colonies, no subject of Great-Britain could lawfully bring into debate, except in one of the houses of parliament; and concerning whi [...]h they should least of all have appeared to doubt, to whom the execution of the laws had been entrusted by the King, and who were responsible to the parliament and the kingdom for the support of their authority. The making this a question, and referring to a privy council for a future decision of that on which the legislature had decided already so frequently and so expressly, tended therefore only to inform the officer that he could not depend either on direction or support from England; and that it was still a doubt if the government of this kingdom would assert her rights. Another proof that procrastination alone was intended, [Page 24]arises from hence; the Virginia resolutions were received July 27, 1765; this important matter, which the board of trade had represented as requiring immediate and serious attention, and the dispatch of immediate instructions; and which must have appeared to the ministry to require them, as soon as they were acquainted with it; instead of being immediately attended to, was referred to the privy council; but it was not even referred to them till September 6, 1765, and no report was made upon i [...] till October 3. The report when made is, That this matter was not within the decision of the privy council to whom it had been referred; a report made by the very ministers who referred it to that board; and in which, from his office, the s—y has the lead. The words of it are these; This is a matter of the utmost importance to the kingdom and legistature of Great-Britain; and of too high a nature for the determination of your Majesty in your privy council; and is proper only for the consideration of parliament. It was for the sake of this decision that the s—y deferred so long a matter of so much consequence; a decision which he must have known at the time he wrote his letter to the governor of Virginia; a fuller proof cannot be imagined that a timid and fatal delay was all that was intended; and that at the very time when he assure [...] the officer that he would receive the fullest instructions from the wisdom of the privy council, he knew that board would have too much wisdom to issue any upon a matter of too high a nature for their determination. I said he must have known that decision when he wrote the letter; and I said this, not only because he probably knew what that report would be which he was to direct; but chiefly because it would be indeed extraordinary if the s—y of s—e could be entirely ignorant of the powers of his own office, and of the privy council. It is not necessary [Page 25]to be of that counsel to know that the execution of the laws is by the constitution rested in the King, and delegated by him to the officers in each department; that the privy council cannot l [...]liberate upon the laws, though they can assist the execution of them; and therefore that it was impossible for the privy council to make any other report than that which they did make. But it was in the power of tho s—y of s—e to enforce the execution of the laws, it was his duty; he was called upon to perform this duty by the importance of the object, and the express representations of the board of trade; and the referring it therefore to the privy council could only be meant to weaken by delay a right, which he would not support, and durst not surrender.
It is lenity to the s—y to attribute his reference and letter to this motive; to grant that he wrote it in direct contradiction to his own knowledge; and that he intended the governor, to whom it is writ, should expect as little instruction from the decision of the privy council, as himself knew it would contain.
It was indeed impossible for him to intend or wish that the governor should understand the words of the letter according to their plain and obvious sense, because it was impossible for him to wish that the governor should think him capable of avowing principles so full of treason and of danger: for if this letter indeed meant what it expresses, if it was designed to turn the eyes of the officers of the crown from the known and permanent authority of parliament to an inserior board; to teach them to look for directions for their conduct not to the laws of their country, but to the instructions of a privy counsel; he must be told that this principle, which attributes to the king in counsel the power of dispencing [Page 26]with the laws of the land, is the highest treason against the state; that it cost king James the second his crown, and might cost him his head.
The next advices from America were such as might have been expected to arise from the negligence of the administration in Great-Britain, A letter addressed immediately to the secretary of state informed him, that the capital of the province from whence it was written had shaken off all subjection to the laws both of trade and police, a Two or three months ago says the writer of it, I thought that this people would have submitted to the stamp-act withou actual opposition. Murmurs indeed were continually heard, but they seemed to be such in time as would die away BUT THE PUBLISHING THE VIRGINIA RESOLUTIONS PROVED AN ALARM BELL TO THE DISAFFECTED. From that time an insamons weekly paper, which is printed here, has swarmed with libels of the most atrocious kind: thèse have been urged with so much vehemence, and so industriously repeated, that I have considered them as preludes to action; but I did not think that it would have commenced so early, or been carried to such lengths as it has been. Then follows an acoount of the particulars of the riot, and of the insults which were offered to the officers of the revenue, merely because they were officers: but these particulars, as they are not immediately essential to the present subject, and are in the highest degree disgraceful to Great-Britain are here omitted; but may be found in the letters to the s—y of s—e, dated August 15, 16, 1765, received the 14th of October: it is however necessary that the reader should see the general situation of the province, as described in the same letter. Every one agrees that this riot has exceeded [Page 27]all others known here, both in the vehemence of action and mischievousness of intention; and never had any mob so many abettors of consequence as this is supposed to have had, It is said there were 50 gentlemen actors in this scene, disguised with trowsers and jackets on, besides a much larger number behind the curtain.— The common talk is that the stamp act shall not be executed here;—that the man who offers a [...]ampt paper to sell will immediately be killed;—that all the power of Great Britan shall not oblige them to submit to the stamp act;—that they will die upon the place.—IN TRUTH IT WILL BE IMPOSSIBLE TO ATTEMPT TO CARRY THE ACT INTO EXECUTION UNTIL FRESH ORDERS AND POWERS ARE COME FROM ENGLAND. The same person, in a subsequent b letter adds, I mention all these particulars, that your lordship may judge yourself from real circumstances; but it is my opinion, that the worst that can happen should be expected, and provided against.—I presume that after this, the authority of an American government will never be lefto the mercy of the people.
This violence of proceeding, and the resolutions of the representatives of the province of Massachuset's bay, which were similar to those of Virginia, were referred to the privy council, by the Board of Trade, on the 1st and 11th of October, 1765. That board, at the same time, represented them to be of dangerous tendency, especially as connected with the spirit which had appeared throughout thewholeconduct of this assembly;—and is, in truth, a daring attack upon the constitution of this country;—and in whatever light these dissturbances are viewed, whether in respect of the avowed object, which the perpetrators and abettors of them declare to be a general resolution to oppose and prevent the execution of an act of the parliament of Great-Britain; or in respect of the state of government [Page 28]and magistracy there, which—represents to be utterly incapable of resisting or suppressing these tumults and disorders; they were of such high importance, that no time was to be lost in directing such measures as might be most prudent and effectual.
These representations contain so just a state of this important matter at that time, and of the impression which the intelligence from America must make on all those whom the most obstinate prejudice had not hardened, that they are printed in the Appendix c.
By this time the flame had begun to spread, and to threaten all those who were concerned in the collection of any part of the revenue: one of the officers in America gave information d, not only that THE PRINCIPAL PEOPLE OF THE TOWN OF BOSTON publicly avowed and justified the act of demolishing Mr. Oliver's (the distributor of stamps) house, but that all kinds of ill humours were set on float; every thing that for years past had been the cause of any popular discontent was revived.—It seems the mob had set down no less than 15 houses, in or near the town, to be attacked the next night; AMONG WHICH WAS THE CUSTOM HOUSE AND THE HOUSES OF SOME OF THE RESPECTABLE PERSONS IN THE GOVERNMENT.
A person immediately concerned in the collection of the customs writes thus e; I consider their fury against me to proceed from my capacity as an Officer of the customs, and the check I am of course to their smuggl [...]ng views; and from my having lately received an unpopular commission relating to their ri [...]tous behaviour [Page 29]towards a ship which had been seized. Thus our situation exposes us to the lawless fury, not of a trifling mob, but of a whole country inflamed to an intolerable degree; subject to no rule or order, but abandoned and licentious in principle; —and without protection or support, either to enable us to do our duty, or preserve our peace in society. The same Officer acquaints the commissioners of the customs f that, The mob had the audacity to send messages, importing that, if we would agree to receive our fees (for customs) agreeable to their will and pleasure, and would also deliver the ships now under prosecution, I might come on shore in safety, and rely on their protection.—The custom-house, in consequence of this, continued shut up.—I complained to the Governor and a pirncipal magistrate of the person who sent the above terms, with a view of having him punished; and the magistrate's warrant was returned by the sheriff as impossible to be executed under peril of his life; so that I consider this as an end of the prosecution for want of government, there being here an absolute suspension.
These tumults were not more dangerous to the government in themselves, than to the dependence of the colonies upon Great-Britain in their consequences, and from the principles which gave rise to them. Care was taken to inform the administration of these, by transmitting to them those anonymous papers, in which they are more openly avowed than it was possible for them to be in the resolutions of any assembly; though the same turbulent and interested lawers, who governed the councils of those meetings, were all known to be the authors of these inflammatory papers.
[Page 30] In one of them, the Providence gazette extraordinary, August 14, 1765. we met with these, among many similar sentiments and expressions; You, my countrymen, already feel some of the effects of this horrid policy, men of war, cutters, marines with their bayone [...]s fixed, judges of admiralty, collectors, comptrollers, searchers, tide waiters, land-waiter [...], with a whole catalogue of pimps, sent over, not to protect our trade, but to destroy it. It is advised to form in a general assembly, votes or resolves to the following effect; That his Majesty and his substitutes, together with the general assembly of this colony, have, in their representative capacity, the only exclusive right to lay taxes and imposts upon the inhabitants of this colony; and that every attempt to v [...]st such power in any person or persons whatsoever, other than the general assembly aforesaid, is unconstitutional.—That his Majesty's liege people the inhabitants of thi [...] colony, are not bound to yield obedience to any law or ordinance designed to impose any internal taxation whatsoever upon them, other than the laws and ordinances of the general assembly aforesaid. And to put it out of doubt on whose principles and examples these sentiments were formed, the same paper proceeds, We think that an address of thanks ought to be voted by the general assembly, to those gentlemen who distinguished themselves in the last session of parliament, in defence of liberty and the colonies; in particular to general Conway, &c.
But the officers in America not only represented their distress, but the means too by which they might be relieved; they called for instructions from the government at home, that they might execute every part of this act; for assistance that they might enforce it. There is scarcely an officer who does not complain, that he has received no instructions for the execution; many, that they have not even an [Page 31]authentic copy of the act. There is scarcely a governor who does not express his weakness, and implore the support of that gouernment for the interests of which he acts; without, therefore, accumilating any more intelligence received from other hands and other quarters, and which is all of the same kind, it is now time to examine what measures were taken by administration, to check, repress and correct tumults, which struck at the very foundations of government.
It was plain, that although the stamp act was the pretext, the restrictions upon their trade, which are so necessary, and their desire to be independent of England, were among the real causes of many of the American tumul [...]s; that impatience of all government which some of the colonists expressed, that opposition both to the former and latter custom-house and commercial laws, which some even of their assemblies avowed, required to be immediately and effectually controuled. The necessity of this measure was not unknow to the administration; the representations of the board of trade had forced it upon their attention, and they themselves confessed it to be of the utmost importance to the kingdom and legislature of Great Britain. It was indeed of importance, for it imported no less than the maintaining the dependence of the colonies more extensive than any nation before ever possessed; and the retaining in obedience to commercial laws, and directing the industry of an empire, upon whose consumption of our manufactures the trade and credit of this kingdom so immediately depend. To secure these interesting objects the reader expects to hear, that the most vigorous measures were planned and executed; that the strength of government in that country was accurately examined, and judiciously disposed; and that such additions to this, both of a military and naval [Page 32]kind, were prepared, as the occasion called for; and which being directed (if necessary) against those who were most forward in rebellion, might, by repressing these, prevent the crime and the punishment of the rest. This might have been the conduct of ordinary statesmen, our ministers despised such obvious remedies; and after much deliberation determined, that in order to check the mutinous, and correct the rebellious colonists, to vindicate the authority of parliament, maintain the empire of Great Britain, and restore the peace of America, Mr. s—yC—y should write them a letter. This step which was necessary, and might have been effectual if taken in the beginning of these disturbances, and supported by authority, became rediculous when alone, and in a state of such extreme tumult; and reminds one of a similar expedient, related in the memoirs of Madame de Nemours. Mr. de Beaufort de son cótè, qui n'en saisoit pas moins que le coadjuteur (pour s'opposer a cette paix) et qui cherchoit tous les moyens imaginables de de l'empècher, crut en avior trouvē un infalllible, qu'il proposa a Mr. ke Bellièvre en lui demandant par maniere k'avis, si en donnant un souflet á Mr. d' Elbeuf,: il ne changeroit point la face des affaires: á quois Mr. de Bellièvre répondit de'un sang froid plus digne de sa gravitè que de la question, qu'il ne croyoit pas que cela pût changer autre chose que la face de Mr. d'Elbeuf.
But as this was the only step which they proposed to take, why was it so long delayed? The most alarming informations had been received by them so long ago as the 27th of July; they could scarcely beignorant that, in populor tumults, an immediate execution of authority is required, and that delay gives to them confidence and strength: in this exigence therefore no degree of delay can be vindicated, [Page 33]even the s—y does not attempt to vindicate, he disowns it: he asserted in publick, what he has written in his letter g of the 15th of December, 1765. that his instructions (dated the 24th of October, 1765) were sent on the first notice of these disturbances; and yet it is proved by his own evidence, that on the 27th of July, 1765, that is at three months distance from that time, he had received the Virginia resolutions, that daring attack upon the constitution of this country, and intelligence that government was set at open defiance, not having strength in her hands to inforce obedience to the laws of the community.
But I have done with the delay, and the denial of it; this delay had at least given him time to form a plan of action, which should be extensive and effectual when he should begin to operate; he had had leisure to consider the particular state of every province, and to compare the disorders which were complained of, with the resourses which were to be found, and might be applied in each. In fact, there was great reason for an attention of this kind, for the provinces were known to be in very different situations; in some the mob appeared alone in the riots, while those who had any thing to risque in the contest, contented themselves with giving to them concealed encouragement; in others, the principal people of the town avowed the utmost violences; in one they had not yet declared their resolution of freeing themselves from all custom-house laws, though they had marked the custom house for destruction; in another they already refused to pay any customs but such as they themselves should regulate the payment of: the riots at Boston were very different in their nature and purposes from those which had shaken Rhode-island; the Virginia resolutions had [Page 34]been, and were the alarum bell to the disaffected, calling them to tumult and outrage; while the plan of a general assembly of committees, which had proceeding from Massachusett's bay, discovered more of a regular system of resisttance. The resources too were as different as the difficulties; they were to be drawn from the parciular constitution and strength of each government, the temper of the people, the neighbourhood of the military force, and a thousand other circumstances, of which the s—y was informed.
The public will judge of the ability shewn by him in adapting the instructions and assistances to the particular situation of each province, when they find that h the letter to every governor on the continent and in the islands, excepting one, is exactly the same; and that this same letter, like Jacks Parchment in the tail of a tub, serves too, by the alteration of a very few sentence, for i military orders to the commander in chief of the British forces in America. It was not possible that disorders so various and so violent could be remedied by one application; and the prescribing for distempers so very different the same insipid potion of warm water, is a practice of which our state Sangrado's alone were capable. In the leetter k to the governor of Massachuset's-bay there is indeed some difference; the reader, who is informed that the project of a general combination of America took its rise in that province, immediately supposes that in this separate dispatch some special instructions are given to prevent, dissipate or elude the operations of this meeting; it is necessary to read this letter, to be convinced that in it no notice whatever is taken of the unprecedented unconstitutional and dangerous design.
[Page 35] They had at the time when this letter was written, received the fullest and most authentic intelligence, that some of the subjects of England had refused obedience to an act of the legislature; and forced the officers to whom the execution of it in America was entrusted, to resign their posts. To be perfectly acquainted with the means used for the attainment of this end; to judge of the temper of the colonies, and of the state of government in them, see Appendix, No. 12. The state of the matter is so exactly described, in a letter addressed to Mr. C — y, that it is here referred to, though it was not received till four Days after the date of his dispatch; because it might, and ought to have been seen by administration, in the same light in which it was by the writer of this letter. It appears from thence l that the general scheme concerted throughout America was, first by menace, or force, to oblige the stamp-officers to resign their employments in which they had generally succeeded; and next to destroy the stamp papers upon their arrival; that, having no stamps, necessity might be an excuse for the dispatch of business without them; and that before they could be replaced, the clamour and outcry of the people, with addresses and remonstrances from the assemblies, might procure a repeal of the act.
It was no part of the question, whether the ministry for the time being approved of the principles and purposes of that act or [...]ot. The power of judging whether or no an act of Parliament shall be carried into execution, is not by the constitution entrusted to any ministry. THE BILL OF RIGHTS, as it was drawn on account of this power usurped by the crown, so it is most express against the exertion of it. The patriots of that age had felt the extensive [Page 36]effects of this dispensing power; and had seen it bring their religion and liberties into the most imminent danger; to prevent therefore the possibilty of any future ministers being so much warped from their duty as to suspend he execution of the law, THE BILL OF RIGHTS declares that this pretended power of suspending of laws, or the execution of laws by regal authority, without the consent of parliament, is illegal.
But be it that they had a right to suspend the execution of this law, because they did not approve it; they were apprized, that there had arisen in America a spirit of opposition to the whole system of custom-house laws, [...]n impatience of those ties, which even the most partial to the claims of the colonies must confess to be necessary for the common good; that the merehants m there think they hove a right to every freedom of trade, which the subjects of Great-Britain now enjoy: a freedom which would render the colonies not only of no benefit, but in the highest degree prejudicial to the commerce and welfare of their mother country. This opinion and they did not content themselves with the bare opinion, made it necessary to secure the collection, not of a new and internal but [...]f o [...] external duties, which had ever been submitted to, and constantly though imperfectly collected; and to establish the great act of navigation; which was the effect of wise and extensive policy, gave the deepestwound to the trade and power of Holland, and acquired to England the maritime empire of Europe.
But be it, that the laws of the customs too were to be dispensed with; granting that they were all repealed by that voice, and at that moment when it was declared, that the salvation of Great-Britain depended on a total repeal of all custom-house laws, [Page 37]and the universal extention of the laws of excise, and therefore that it was no part of the duty of administration to enforce the execution of them; still there remained the strongest reasons for a speedy and vigorous interposition: the English government in America was weak precarious, unable to secure the execution of the common laws of peace and good order, insulted, defied. These disorders, so disgraceful in themselves, so dangerous in their consequences, required to be immediately and effectually controlled; and would have been controlled by any ministers but those quibus patrioe salus & dignitas posterior suâ dominatione & domesticis commodus fuit.
The stamp act was avowedly rejected, the custom-house laws openly violated, the officers menaced, insulted and spoiled, the offenders unpunished, and government dissolved. Read now the dispatch of the 24th of October n, which was to contain the s—y's fullest instructions; you will not find in it any instructions whatever; at this distance he does not think it possible to give possitive instructions to the officers, not even instructions to obey and to enforce the laws of their country. This duty, which should have been the first object of his care and directions is entirely omitted; the utmost vigour which he recommends rises no higher than to repell acts of outrage, not to punish them, or to maintain and execute the laws of England. But even this degree of exertion is not to be resorted to till the last extremity; lenient and perswasive methods, the utmost lenity, these are the arms which he directs the governors and the commander in chief to oppose to the revolt which he saw so universal.
He had been repeatedly imformed that the schemes of independence were formed and guided by the lawers, [Page 38]and supported by the principals of the provinces o; but as this encreased the danger of the insurrections, and the necessity of an interposition, he contradicts without hesitation the intelligence in his hands, and hopes and expects (which words if they can mean any thing as applied to a thing past must mean bleieves) that this resistance to the authority of the mother-country, can only have found place among the lower and more ignorant of the people. Instead of that tone of authority which alone can enforce obedience of those orders and directions which the dangerous situation of America, and the requests of the officers there called for, the whole tenor of his letters is languor and debility; it is true that such vague and general expressions are used, as leave the writer at liberty to own or to disavow the measures which shall be persued after the receipt of the letter; to divide with or take from the officers to whom it was addressed, the reputation of their success; or to turn on them alone the odium of a miscarrige; and such qualifying words intermixed, as by a cautious hand are eveused to prevent if possible any parliamentary danger but it is impossible to read it without seeking that the intent is rather to check, than to exice the ardour [Page 39]of the officers of the crown; not to quell the riots of which he saw the tendency, but to elude any operations which might discourage those disturbances by which he meant to profit. If this purpose was less evident than it is in his dispatches, it is put out of doubt by the declaration which the same officer is said p to have made, that he would sooner cut off his right hand than order troops to march to suppress this claim of freedom. His letter is perfectly consistent with his declaration; and tho' we lament that his conduct has lost to Great-Britain the hands of all the inhabitants of America, yet we must acknowledge that the right-hand of that right honourable Gentleman is perfectly safe.
To be convinced of the evil effects which these his dissertations upon prudence and levity must have had in the midst of so much tumult, let us suppose for a moment that the procrastinating s—y had still procrastinated; even his delay or his neglect would have been less pernicious to his country than dispatches of so much Caution. The officers in America might still have hoped, that their obedience to the laws of England, amidst the general contempt of them, would be esteemed a service, and receive encouragement and support; they might have continued to encourage the loyal, and to check the violence of the rebellious, by turning the eyes of both toward Great-Britain, who would reward her friends, chastise her foes, and vindicate her just authority. The arrival of the pacquet deprived them even of this resource: They saw the ministers in England either too timed to enforce the law, or determined to suspend and repeal it; and they saw therefore the folly of exposing themselves to the fury of an enraged [Page 40]people, in support of an act which the administration did not intend to execute. If these obvious reflections did not immediately occur to the officers themselves, they were however soon suggested to them by the opposers of the act; for the Americans saw this conduct in its true light; in that in which the s—y must have wished them to see it: They had formed hopes of it as soon as they were informed of his promotion; they express them thus q it may be worth the serious consideration of those who would officiously endeavour to enslave their countrymen to enforce (the stamp-act) whether they will not be more likely to receive frowns, than the smiles of their superiors, for their activity in so odious an office.
When therefore the disobedient saw these expectations answered by the s—y's dispatch, they, who had no restrainst upon them but the fear of English displeasure, were convinced too by these letters that they might offend with impunity; when they [...]aw a total annihilation of government submitted to, and an avowed and violent resistance to the English parliament calling forth the utmost lenity they perceived that the ministry, though they did not yet venture to avow, did however approve their proceeding; that they had nothing to fear from their displeasure, or from their orders, without which no American officer would take any decisive step; and they received from hence that degree of encouragement which nothing else could have given to them
The intentions of the ministry are proved, not only by the steps which they did take, but also from their neglect of those which they ought to have taken. It is not always just to argue a criminality of this kind from an omission, but it is impossible not to deduce it in this case; because the omission was that [Page 41]of a step which the importance of the object, the requisitions of the American officers, and the representations of the Board of Trade had shewn them to be necessary, and which they had confessed to be so in their own report.
To be convinced of this, let us suppose that every thing hitherto had been well conducted; let us grant, that on the 14th of September the s—y could not even guess what he should determine on the 3d of October, concerning a matter, on which he had had the time passed since the 27th of July to meditate; and therefore that he acted with all possible vigour as well as caution, when, after an interval of more than six weeks, he referred the officers in America to a future decision of the privy council for their instructions; let us imagine too, that till the 3d of October he tho't so lightly of the privy council, as to expect that they would decide on a matter too high for their deliberation; and that he did not know that it was neither his nor their province to debate upon the propriety of laws, but that it was his duty to address himself to the execution of them. At least, by the report of the privy council made on that day, his uncertainties must have been removed; they were removed; he himself joins at least in that report which declares that, this matter is proper only for the consideration of parliament. There never had arisen a point which from its importance both in itself and in its consequences, called more loudly for the intervention of that assembly: the support which might be clai [...]ed from near two millions of people was to be determined by it; and the question whether Great-Britain has a right to the obedience of her colonies, was involved in the decision.
This report had been made on the 3d of October; by the 8th of that month the administration had authentic and particular intelligence, that the principles [Page 42]of resistance and independence, which had been unchecked, had produced their natural consequences, tumult and rebellion. What now does the reader expect from a ministry, which doubtful in itself, and looking round for direction, had not hitherto been able to receive any, but that they should immediately have had recourse to that council for which no matter is too high; from which the repeal of every law found inexpedient is to take its rise, the authority of which would secure obedience to it till the propriety of the repeal had been considered, and to which the representation of the Board of Trade and their own report referred them? The great council of the kingdom? He expects to see a proclamation, dated on the 9th of October, which would have assembled the parliament by the latter end of November. An immediate call of the senate was the more necessary, because it was reasonable to expect that the discussion of so important a subject would employ some time; the administration could not be assured that the parliament, which had been almost unanimous in approving the principles, and enacting the clauses of the stamp-act, would immediately and without hesitation consent to the repeal of it. The fact is, that sixteen days after the receipt of this intelligence, the ministry, in spite of the call from the distress of a whole continent, from their own neglect, from their own acknowledgments, advised the k—g to prorogue the parliament; it was prorogued on the 24th of October, and on the very same day on which they betrayed the empire of Great-Britain, by the timid duplicity of the instructions sent abroad, they deprived her too of the assistance which might have been received from more vigorous counsels at home
A conduct which can be accounted for only by one motive; they had resolved from spleen, faction, jealousy, [Page 43]or resentment to repeal an act, the success and good effects of which would still have encreased the reputation of the minister who planned it; they feared that the authority and the wisdom of parliament would be able even yet to check the rebellion of the provinces, and enforce the law; they wished this rebellion should gain strength, that they might apply to the fears of those, whose reason they could not hope to convince; they sacrificed to these views the permanent interests and honor of the state, and encouraged by their connivance, and by the p [...]ogation of the parliament, that resistance and those tumults, which they meant to apply to their own factious purposes.
Unhappily for the public, these designs were but too successful; the riots in America became more general, and more dangerous: it will appear by the intelligence subsequent to this period, of which I shall now state some part, as nearly as may be, in the order of time in which it is dated, that even their wishes could not form a scene of greater anarchy than their conduct had produced in America; that they were informed very minutely of a total dissolution of every part of government, and that although the stamp-act was the pretext, yet the causes and the objects of their resentment were also the restraints on their trade, and their subjection to Great-Britain: these were really felt, while the stamp-act which was formed to execute itself, which affected scarcely any but those of whose ability the very payment was a proof, which was confessed by the Americans to be the most eligible of all the taxes which could be imposed, and which, as it had not been executed, could not yet have been oppressive, was only the occasion of these insurrections.
This opportunity was taken (says the r writer of a letter [Page 44]from America) to shew their resentment to every officer under the crown; and particularly to the officers of the customs in this port; with whom they had been and still continue to be much displeased, for their vigilance in putting the acts of trade in force, and endeavouring to prevent abuses of the same. A letter to the s—y has this passage s; The country has grown more and more inflamed; every where have been heard loud declarations that they would not submit to the stamp-act upon any account, or in any instance.—I observed that the violences of the mob had intimidated some of the best people in the province, and left the cause of the king and parliament almost without an advocate.
It is apparent, from their proceedings t , that there is among them an intention and an expectation of improving the present ill humour of the people into an actual breach with Great-Britain; or at least of gaining such a triumph over Great-Britain, by obliging her to repeal this law under an actual resistance of it, as to make her authority contemptible hereafter.
The steps they took for this purpose, in one of the provinces, were these; u One and all cried out, let us see who will dare put the act in execution, upon the governor's appointment; we will take care of that.
In another government this paper was pasted up at the door of every public office, and at the corners of the streets;
Pro Patri [...]
The first man that either distributes, or makes use of stamped paper, let him take care of his house, person and effects.
We dare.
[Page 45] I shall conclude (says an intelligent writer w) with the following observation, that if Great-Britain can or will suffer such conduct in her colonies to pass unpunished, a man need not be a prophet, or the son of a prophet, to see clearly, that her empire in North-America is at an end.
But whether his Majesty x and his ministers can or will wink at and overlook these insults and outrages, and permit their colonists to refuse obedience to an act of parliament, and also to declare it illegal and unconstitutional, the writer does not determine.
Britain (says the same correspondent, in the same letter) must first determine, whether she is to govern or not; and whether she will permit us to put ourselves under the protection of France or Spain; as many upon the continent declare they will ward off the stamp-act until they can get France or Spain to protect them.— The issue of this act will absolutely determine Britain's sovereignty in America; for if by these rebellious methods we can get this act repealed, I doubt not but some of my children will live to see a duty laid by the Americans on some things imported from Great-Britain.
A person very well informed, and very capable of judging, writes thus; y You may imagine that the popular party is greatly elated with this accession of strength, founded upon the ruins of the power of government. Some of them talk of it with an indiscretion that is amazing, as if this town was to remain for ever independent of the king's government. One says, there has not been enough done; there wants more correction: another says, let us see now who will seize merchants goods; what judge will condemn them; what court will [Page 46]dare to grant writs of assistance now. Others talk as familiarly of turning out the governor, for adhering to the king and parliament, as they could do at Rhode-island or Connecticut.
The z leaders or conductors of the mob had offered to take any kind of goods, liable to seizure, under their protection; and bid defiance to the officers of the customs.
They a had surrounded the custom-house, and demanded the persons of the collector and comptroller.
The riot raised on the 1st of November, in New-York, was so unprovoked, and, in its consequences, so dangerous a defiance and attack on government, that the account which was published of it by themselves is printed in the Appendix. See Appendix, No. 13.
In this riot the lieutenant-governor had been abused, insulted and plundered; and major James after suffering the same violences, had been obliged to withdraw himself from their fury, by taking refuge on board a ship, and to leave a country in which b no objection could be made to him, but his daring to put the king's fort into a state of defence against the sovereign lords the people, as they styled themselves; and for which offence they resolved to make him an example of their displeasure.
But (says a correspondent, c speaking of a recent riot) it was designed as an insult upon the king's authority, as a terror to the king's officers, and to shew that they were nothing in the eyes or the hands of the people.
d The state and anarchy and confusion we are now in (says a writer well qualified to judge) is beyond description; [Page 47]every thing being under the power of the people, who undertake to govern in all cases, and regulate all public affairs.—I BELIEVE THEY THINK THE MOST EFFECTUAL WAY TO GET THE ACT REPEALED, IS TO INSULT THE AUTHORITY THAT MADE IT.
Alarming and rebellious as this conduct appears, the danger of it, and the importance of checking it, was still increased by the principles which produced and accompanied it: these may be found in the popular publications in America, with regard to Great-Britain, which is described in one of them e as a mother-country, who, in their stupidity, have judged it criminal for us to become our own manufacturers.
These are some of the political principles which they contained and dispersed f. The public faith of the nation, in which till now we thought we might securely confide, is violated, and we robbed of our dearest rights, by the late law erecting a stamp office among us. —Let us boldly deny all such usurped jurisdiction (it is the jurisdiction of the British parliament of which he speaks) we owe them no more subjection, in this respect, than the Divan of Constantinople.—The true lovers of liberty, who detest and abhor the stamp-act from principle, and a certain knowledge of their rights violated by that act.—An act illegally obtruded upon us to deprive us of our most sacred rights, and change our freedom to slavery, by a legislature who has no lawful authority over us.—But how came the English parliament by such a right over us?—Their power (with regard to liberty and property) is purely local.—Heaven defend us from such representatives.—They have taken upon them to deprive us of our rights, which are not under their jurisdiction.
These and the like principles, which were constantly [Page 48]published g to serve the purpose of exciting the people to disobedience of the laws, and to sedition, were not the productions of the lower and more ignorant of the people, but, as a person, who knew the characters of the men, informed Mr. C—y, h some of the most popular lawyers are the authors of these seditious papers; and have been countenanced by some of the judges, and others of the highest trust in the government.
Indeed the influence and support of the writers was so extensive, that the council of the province agreed l That it was not a proper time to prosecute the printers and publishers of these seditious papers; the Attorney General likewise not thinking himself safe to commence any such prosecution.
But these principles were not confined to particular persons, the general assembly of Massachuset's-bay had actually prepared a bill enacting, k That it shall and may be lawful to do business without stamps, the act of parliament to the contrary notwithstanding.
The people of Connecticut, (says a correspondent l of Mr. C—y's) who are embodied in form, have declared publickly, that all power is from the people; that it is granted with certain bounds, that if those bounds are exceeded, power devolves to the people; that where there is no other redress, as in the stamp-act, the people should resume their power; therefore they recommend, with threats against disobedience that the public officers should proceed in their business without stamps: this is a formal resumption of government by the people.
The assembly of New Jersey resolved, nem. con. m [Page 49] That all supplies being free gifts; for the people of Great-Britain to grant to his Majesty the property of the people of this colony, without their own consent, and being represented, would be unreasonable; and render useless legislation in this colony in the most essential point.
Among the votes of the assembly of New York stands the following; n Resolved, nem. con. That it involves the greatest inconsistency with the known principles of the English constitution, to suppose that the honorable House of Commons of Great-Britain, can, without divesting the inhabitants of this colony of their most essential rights, grant to the crown, their, or any part of their estates, for any purpose whatsoever.
Each of these resolutions were accompanied by others of the same nature and tendency, which were designed to establish the claim of an absolute independence on the British parliament. That the reader may be enabled to judge of the spirit and purpose of them, those of Philadelphia are printed more at length in the Appendix. See Appendix, No. 14.
It was to enable them to maintain this independence, that an unprecedented, illegal and dangerous meeting of committees from all the provinces was assembled at New-York, to enable them, in their own expression, to become a bundle of sticks, which can neither be bent nor broken. Other pretences were given to this assembly, but its tendency, and the spirit of those who composed it, are thus described by a very judicious hand; o They are of various characters and opinions, but it is to be feared, in general, that the spirit of Democracy is strong among them. 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 unconstitutional, and contrary to their rights; supporting the independency [Page 50]of the provinces; and not to be subject to the legistative power of Great-Britain.
There was no step which required more the interposition of government than this: if the other instances of their seditious temper might be called sudden tumults, which built on no premeditated design, and directed only to temporary purposes, might cease with the present frenzy, and leave their traces only in the devastation they had committed; this was more hostile in its appearance, implied more of a deep and dangerous spirit of determined revolt, and by the very precedent left the most alarming consequences: and yet although the nature, design, and consequences of this meeting, were repeatedly and by various hands pointed out to them, the administration observed, during this whole proceeding, a total silence; and left the Americans unrestrained to form a general congress, which, bearing the appearance of a national, as the several assemblies bore of a provincial representative, might turn the eyes, affections and respects of the colonists from the legislature of Great-Britain to this American parliament.
Even the last step of formed and avowed rebellion [...]s ventured on by them; that of raising a regular body of forces to be opposed to those which England might employ.
In this town (says a p person on the spot) all power is in the hands of the people; out of which, under pretence of uniting two parties in the town, are formed two companies, under two profest captains; who are said to be able to muster 400 men on a short warning. Two or three gentlemen of fortune profess to have the command of these bands, and it is hoped they have; as the governor (whose authority could not command ten men) and every other officer of the crown lie at their mercy.
[Page 51] Ten days, or more, (says the writer q of a very circumstantial account of this dangerous confederacy) before the last 5th of November, two gentlemen, called the richest merchants in this town, entertained the principal men of these parties, & reconciled them to one another, for other purposes I fear than burning a pope.—Thus was celebrated the union between these two bands, who (at a time when the militia have refused to obey the captain-general, and it has been said publicly, at a town-meeting, that they were not obliged to obey him) are said to be well trained, and ready to obey orders upon proper occasions
Such was the state of government in the American provinces;
An exigence in which the fullest and most particular instructions, and the warmest encouragements, were necessary to direct and assist the officers in the performance of their duty: an assistance and encouragement towards which they were ever turning their eyes and hopes, and ever in vain. For with regard to the execution of the particular act in question, the ministry so little intended it, that they did not even send the common directions for that purpose; or even copies of the act.
The complaints of this neglect are very numerous, and from different quarters. I enclose herewith (says an officer r) a certificate of my having taken the oath required by the stamp-act; which I framed from a copy of the act printed here; there being not one authentic act here; there never were but two; and those sent under private covers. It is strange—s should not [Page 52]have those acts sent them by which they are liable to penalties.
I beg leave to represent to your lordship (says another s) that I was left to myself, without any instructions or directions from your right honorable board, to guide me through this wilderness. Your lordships will, I hope, forgive me for saying, that I even had not the common notice of there being such an act, as it has never been sent to me.
I am, my lords, (these are the words of a third t) under great difficulties, with respect to the stamp-act; not having to this day received the act of parliament, or one scrape of a pen about it; nor is any stamp-paper or officer yet arrived here. (This was eight days after the day fixed for the commencement of the act) I fear, my lords, there has been an omission somewhere relative to this matter, which embarrasses me greatly.
And, to omit several others of the same kind, even so late as the 13th of November a correspondent u writes thus to the Board of Trade: We are indeed particularly circumstanced in this province with regard to the stamp-act; for even if there was no opposition given to it, it could not be put in force, as no commission or instructions for the purpose are yet come to hand, if sent from England; and without them the person nominated distributor of stamps could not be qualified to execute the office, were he so inclined.
But bare official instructions were not the only ones which the occasions and the applications of the officers demanded; they had hoped, they still hoped to receive the support and authority, which England alone could give them; and which was thought as necessary to preserve the peace of the provinces, as the dominion of Great-Britain. Some of the principal ringleaders in [Page 53]the late riots (says a correspondent w) walk the streets with impunity; no officer dares attack them, no attorneygeneral prosecute them, no witness appear against them, and no judge sit upon them; so it must remain until other orders than this government can give shall be taken.
By this you may guess (writes a person x of unshaken loyalty to England) what a state this government is in; and it is not likely to mend, 'till the power and authority of Great-Britain comes to our relief. For this I can quote a great politician of this town, who is now at New York, attending the congress there. This gentleman (it is Mr. Otis of whom he speaks) has, I believe, contributed more than any one man whatever to bring us into the state of outlawry and confusion we are now in, and now begins to be frightened at it: before he left this town, for New-York, he said to a gentleman, if the government at home don't very soon send forces to keep the province, they will be cutting one anothers throats from one end to the other of it.
Nothing can be done here to enforce obedience to this act, (says a correspondent y on this subject) and nothing less than the wisdom of parliament can provide a remedy for this act of disobedience. The militia is all the force the respective governors on the continent depend on, upon all emergencies; and experience has shewn, how vain and fruitless it is to beat to arms, when neither officers or men will or dare appear.
It is not surprising that the administration did not pay more regard to these and the like complaints, of which the letters to them are full, than they had done to the other requisitions on the same subject. They, who would not assist their distrest and meritorious officers even with instructions, could not be expected to send the more material support of forces. It is true, [Page 54]that an order of the privy-council was made z, directing, That orders should be given to the commander of the land and sea forces in America, for their concurrence and assistance in suppressing riots, when called upon by the governors for that purpose: and it is equally true, that the lords of the treasury ordered a circular letter to be written to the governors, directing them to assist in the collection of the stamp-duty, and to see that the revenue received no damage: an instruction exactly equal in efficacy with that exhortation, which the inquisitors give with so much charity to the civil magistrate, to take care of the unhappy victim, whom they have themselves devoted and doomed to destruction. It is impossible to read the s—y's letter of the 24th of October, (see Appendix, No. 4.) and not be sensible, that the governors must have seen it was the intention of the ministry that force should not be employed; and that they must expect therefore to answer in their own persons for every fatal, though accidental consequence, which might attend the employing it: under these circumstances there was danger that the governors should call upon the commanders for an assistance to their efforts, the success of which gave them nothing to hope, while the miscarriage left them every thing to fear.
The administration had, however, a still stronger security that the occurrences in America should not be interrupted by force. They thought that, on that continent a number of men, equal to the exigence, could not be assembled; and they determined that no more should be sent thither. Of the former of these points the s—y had been informed authentically, as he chose to think, by the commander in chief of his Majesty's forces in America; this appears by the answer which he returns to that officer; a especially considering [Page 55]what you say of the difficulty, or rather impossibility of drawing any considerable number of men together; and of the impracticability of attempting any thing by force, in the present disposition of the people, without a respectable body of troops.
It will perhaps appear, by a perusal of those letters from the commander in chief, which are to be found in the collection of papers made on this occasion, that of the impossibility of drawing a considerable number of men together he says nothing: he says the forces are greatly scattered and divided over that vast continent, that a junction might be prevented by the frost, &c. but a minister who had wished to act with vigour, might have given orders to act if the junction could be made; and if these orders had been given, they had been executed; for a subsequent letter b informed the s— y, that 300 men, which in that country is a respectable body of troops, could be brought to act whenever the governors should require them.
But if the s— y really understood general Gage as stating an impossibility of drawing together a number of men sufficient to attempt any thing by force, it ought to have been to him the strongest motive for sending thither such an assistance as might be equal to the occasion. So far were the ministry from attending to this, so far from sending to the continent an augmentation, that they prevented that increase of force which the common military rotation would have carried thither. For the time was now coming when the regiments, which were on duty in that part of the world, were to be relieved by those from Ireland. About 2500 men are carried to America for this purpose; and as the regiments which have passed the stated time of their service there, are at the same time drawn down to the coast for embarkation, the junction of these, [Page 56]which might have been made in any place most proper for the service, would have formed a body of near 5000 men, ready and able to have reduced the revolting provinces to obedience: this resource was stopped under those pretences, which in so extensive a dominion are never wanting; under the pretence of fear of some tumults in Ireland, a reason which operated equally for two or three years together, these regiments were detained from America, where their presence would have restored security to the officers, authority to the laws, and sovereignty to Great-Britain.
These were all the steps which the ministry had taken to execute the laws of their country, and to preserve the allegiance of America, before the meeting of parliament. It is true, that Mr. C—y dispatched to America two more letters on the 15th of December: but whoever reads them (they are in the Appendix, No. 5 and 6) will not be surprized that no credit is given to the writer of them for any attempt to quell by their means the rebellion in America; though it appeared to have encreased both in extent and danger from the 24th of October to the time at which they were written; for they are addressed only to one province, they contain even less than his former dispatches, and, in fact, refer to them as containing fully his Majesty's sentiments and commands.
All the intelligence has now been laid together, which was received after the 24th of October, 1765, and prior to the meeting of the parliament; and none has been produced, which was received after the House of Commons had taken this matter into their consideration. For by these means the reader is enabled to compare the intelligence with the conduct of the administration; and to determine in what degree they merit his approbation or censure, as ministers entrusted with the execution of the laws of their country: a [Page 57]point very different from that, which is afterwards to be considered, the great question of the repeal of the stamp-act; and to be determined upon very different grounds, If the act was repealed upon just reasons, it will not follow that the conduct of the ministry, before the repeal, was either wise or honest: it is even part of their crime that their conduct had been such as to make the repeal appear necessary to those who repealed it. For, from the intelligence which has been produced, it appears, that they had not only omitted to execute those clauses for the relief of the Americans which must have facilitated the reception of the stamp act; but even to send those official instructions without which it was impossible that act should be executed at all: they had seen the laws of Great-Britain, not only the law in question, but those of customs and police violated and rejected; her officers insulted; her authority contemned: and her government dissolved; while the independence of the colonies was asserted by popular publications, provincial assemblies, and the still more dangerous step of open resistance: they had looked on, while comaintain this independe [...]ce, an American senate was formed, which might receive the reverence due to the parliament of England; and while a regular force was embodied to support their pretensions; and instead of checking so dangerous and encreasing a revolt in its first and feeble beginnings, they had continued and encreased these evils by their neglect and connivance; and that they might, by repealing the act, detract from the merits of the preceeding ministry, effect an union with Mr. Pitt, and secure their own continuance in office, they had sacrificed the reputation, empire, and interests of Great-Britain.
[Page 58] It is impossible not to see that this was their design, because their conduct was such as could be produced by no other motives; and was the reverse of that, which was dictated by common prudence and a regard for their own reputation and safety; because it was foretold to them, both by the American officers and by the board of trade, that those dreadful effects which did follow in America, would be the consequences of that conduct; and because too, at the period we now speak of, the meeting of the parliament, they actually did apply them to that purpose,
In fact, all the motives which had hitherto influenced them to this conduct were increased in strength: the tenure by which they held their offices was grown still more precarious; the hand which had planted could no longer protect them; and destitute as they were of reputation, experience or ability, and looking round with anxious dismay in search of some support, they saw none but in the destruction of the measures of their predecessor, and in an union with the great commoner. That gentleman had retained some degree of popularity, for he was not yet a peer; this would give them an appearance at least of strength; and he was sufficiently conversant in business, to free them from the ridiculous distress of being obliged to ask assistance from every one whom chance threw in their way. But an approximation to this person was not easy; some of them had forsaken him, and given him reason for that mixture of contempt and dislike which he expressed pretty freely of them all: but he had declared his disapprobation of the stamp act; they approached him with that total submission to his sentiments, which seldom fails of pleasing, they entreated his protection, his interest required that all [Page 59]the capital measures of the former ministry should be thought wrong: he gave them therefore his assistance on this question, which was so interesting to them as ministers; and their subsequent behaviour has gained in a still greater degree; he has consented to an union with them: and England, if she has lost America by this ministerial intrigue, is so happy as to have purchased, by that small sacrifice, an administration composed of lord C—m and his adopted children.
But, notwithstanding their confidence in this powerful auxiliary, the ministry were well aware, that if the question was to be debated on the principles of justice, policy, or public advantage, they could have no hopes of success. Nothing therefore remained but to pursue those measures which they had practised so long, and in which their American friends had given them such effectual assistance; and to apply to the fears of those, whose judgments they could not hope to convince.
The American merchants had written c that no dry goods may be sent out to them, unless the stamp act is repealed; and some go so far as to say, that they will not pay their debts but upon that condition.
This scheme (says a very intelligent d correspondent) is calculated solely to influence the people in England; and should it be executed, the people in America will pay an extravagant price for old moth eaten goods, [Page 60]and such as the merchants could not otherwise sell. The merchants may likewise have views of getting goods in that case from Holland and other foreign parts, while the moh can d [...]ter the custom house officers from attempting to do their duty.
They have wrote many e letters to their correspondents in England, in which they throw the blame upon the unruly populace; magnifying the force and determined resolution of the people to oppose the execution of the law by every means; with a view to terri [...]y and frighten the people of England into a repeal of the act. And the merchants having countermanded the goods they had wrote for, unless it was repealed, they make no doubt that many trading towns and principal merchants in London will assist them to accomplish their ends.
Their expectations were well grounded; many trading towns and principal merchants in London did assist them to accomplish their ends; but the ministry took the lead, and emyloyed for this purpose every engine in their Power: every body remembers the industry with which all their writers and orators of every shape and size endeavoured to depreciate the rights of Great-Britain; and to exalt the privileges of the free-born, virtuous and independent Americans; their union and their strength were represented as irresistible, and their employing these in residance to the English parliament praised as heroic.
When, it was hoped, the minds of the people were prepared by these declamations, petitions were sollicited by their agents from such of the manu [...]acturing towns as they could hope to influence; a regular society of American merchants in London was formed for this among other purposes; this society supported and assisted by government, became [Page 61]so successful, as to claim at length the superiority; they obtained it; and the counsels of the Kingdom were guided, not by the enlarged maxims of general policy, not by considerations even of permanent and extensive comercial interests, but by the temporary and partial views of a junto of interested traders held at a tavern. Now that the f [...]rment raised on this occasion has subsided, one can scarcely believe this fact tho' so recent and authentic; or that such means and instruments should produce, as they did produce, the repeal of the stamp-act. For it was in vain that, to the popular panic, every argument was opposed, which the principles of justice, of the constitution, of policy, even of interest could furnish. It was in vain that those, who were so unpopular as to defend the cause of Great-Britain, urged that the stamp act had passed upon the most general and acknowledged grounds of Whig policy, is due in return for the protection on the part of government; that taxation should be extended over all the parts of a state, in proportion to the relative ability found in each, If, said they, we examine the arguments by which the Americans would prove their right of exemption, we shall see that the admission of them dissolves at once the constitution of our country: if the legislature has no power but over those who vote for the election of the members which form one part of it, not only all our possessions in Asia, Africa and America are exempted from any obedience to the laws of trade, revenue and police, passed in England; but even nineteen-twentieths of the inhabitants of Great-Britain are released from their subjection; and intituled to return to that savage freedom on which every restrictive law is an usurpation. But it is not from its absurd and pernicious consequences [Page 62]alone that we prove the falsehood of this maxim; it proceeds from an ignorance of the nature and powers of our constitution. The Commons of Great-Britain, assembled in parliament, are not only the representatives of the counties and buroughs who depute them, but of all the commons of the realm: they are entrusted with the interests, appointed to guard the liberties, relieve the burthens, and redress the grievances of the whole kingdom; there is no part of it but is entituled to their protection, there is none therefore which is exempted from their authority; the contrary doctrine diminishes their utility, degrades their character, and reduces them from the honourable and extensive office of being the guardians and councellors of a whole kingdom, to that of burgomasters for a petty, sometimes an uninhabited borough. It is one of the first duties to whom this important trust is committed to execute it, and especially that unpleasing but necessary part of it the power of taxation, in the most impartial manner; it is this alone which can induce the subject to bear with patience the burthen of imposts; will you not then betray the trust of your constituents, if you suffer any part of the people to force an exemption from those taxes which the publick exigencies require to be imposed on the whole; and will you not destroy that confidence on which all government is founded?
The distinctions which have been made on this subject are not well grounded; The parliament has the right of imposing external, not internal duties: and it will be proper to lay on the Americans every burthen which the hand of power can impose, if they should attempt to become manufacturers. These sentiments have been delivered and received as maxims; but the difference between the right of imposing internal and [Page 63]external duties is merely imaginary, grounded on no principle of justice or policy, contradictory to the claims of the Americans, whose resolutions f assert their exemption from all duties not imposed by themselves; and is treated as an idle distinction by Mr. Otis, the chosen champion of American privileges. The other maxim, that of forbidding manufactures, seems a much greater and less justifiable infringement of the rights claimed by the Americans, than the imposing on them a tax for their own defence, is with difficulty to be resolved into any principle but that of power; and must be very uncertain in its extent and operation; whereas that of the stamp act is founded in justice, and of certain and acknowledged extent and application,
The ability of America, to raise this proportion of the sum necessary for their own defence, admits of no doubt; the pressure of debt upon them, of which as of a popular topic, they have made some use, was at the end of the war not quite 2,600,000 l: it is already reduced to about 767.000 l, and the greater part of this will be paid of in two or three years by funds provided for that Purpose. The whole sum expected to be raised by the stamp-duty was 100, 000 l a year; the repartition of this upon 1,500, 000 people, at which the lowest computation estimates the present inhabitants of that country, would not draw from each person more than half the value of a day's labour in America. England has even furnished them with resources to raise the revenue she has required; the bounties given to them on two or three articles alone would enable them to support the new impositions; and the increase of the establishment there furnishes them with another fund, which alone would more than balance the account; it is sufficient to mention this, [Page 64]for it is not on this ground that the Americans wish to stand; they do not plead poverty, but priviledge; and have rested their inability to support, but their cause, not upon their right of exemption from an English tax.
The manner in which the resistance has been exerted, proves still more strongly the necessity of opposing it with firmness. Riots in the capitals of the provinces, personal attacks on our officers, insults on our government, these are the actions by which they have accompained and supported those resolutions of their assemblies which disclaimed our authority. The ministry, partial as they are to the Americans, have themselves acknowledged that in these circumstances it would be disgraceful, and it is impossible to repeal the act. Read, in the dispatches of Mr. C—y, who will not be suspected of asserting the rights of Great-Britain in too high a tone, this point determined. He directs the officers to represent to them the dreadful consequences that must inevitably attend the forcible and violent resistance to acts of the British parliament.
He assures them that his Majesty cannot permit his own dignity and the authority of the British legislator to be trampled on by force and violence.
Neither will his Majesty undoubtedly submit, or his servants advise, under any circumstances, that the respect which is due to parliament, and which is necessary for the general good of the whole British empire, should any where be made a sacrifice to local and dangerous prejudices.
From the time of writing these letters, the disrespect to parliament, the violent resistance to acts of the British legislature, and those outrages, by which they were supported, have been continually encreasing; the disgrace therefore and the danger are proportionally encreased, and those sentiments [Page 65]which then animated him are strengthened too; it is impossible therefore that the ministry can, without acting in direct contradiction to themselves as well as to their duty, propose that the respect due to parliament should be made a sacrifice to local and dangerous prejudices. To make this sacrifice will deter both future ministers from forming any schemes for the public utility, which may expose them to be sacrificed to combinations of private interest, the clamour of multitudes, or the malice of faction; and future officers from executing acts of parliament, for and in that country; and will contribute to the success of the design which the most desperate of the colonists have formed to make G. Britain contemptible, by extorting a repeal of an act of parliament during an actual resistance to its execution: a repeal which will either abrogate in effect all other laws and statutes relating to our colonies; or at least greatly encrease the difficulty of enforcing them, as well as postpone it to a season, when the strength of the colonies as well as their claims of independence being augmented, the situations and dispositions too of the other powers of Europe may be such as to render the contest far more dangerous.
These, and the other arguments, which were drawn from all the great and interesting topics with which the subject abounds, were scarcely heard, for it was reason only which spoke: the tumult of popular fear expressed itself in louder terms, and was more attended to. The Americans had withdrawn their commissions; they threatened to withhold the payment of their debts; the first of these was an illegal and hostile combinanation to distress our manufacturers, a step rather allowable in an equal when in a state of war, than in subjects who pretend to be in peace: the [...]st was such a breach of private faith as is not practised even in time of war between jealous commercial rivals; and [Page 66]both of them means which would always be in the power of the Americans to use, and would hereafter be recurred to with an assurance of success: and yet these reasons, which would have made it disgraceful and unwise to have given way in an indifferent matter, operated so strongly on the multitude that they perswaded them we ought to recede in the justest cause, and from the strongest ground. Petitions were obtained, the manufacturers excited, the merchants clamorous, the ministry, interested and factious, directed to their own purposes the resistance and the clamours which they had raised; and the legislature, with a condescension to popular alarm, and a lenity to the colonies which demands the amplest returns of gratitude and obedience, passed a bill for the repeal of the stamp-act.
The conduct of the late administration has now been stated from authentic vouchers; it is time to examine the merits of it with regard to the crown, to America, and to Great-Britain. In speaking of that administration, I would be understood to speak generally; I do not pretend to be informed by what part of it the counsels were planned; it is therefore left to them to divide in the proper proportions that praise to which the public shall think them entituled. If the f—y for the f—n department was only the hand; I desire to charge him only with being the hand; though to the state he is accountable for the plan of those counsels by which his department is conducted: a weight which he has with great prudence and caution contrived, if it be possible, to shift on other shoulders, by a stratagem exactly equal with that of a much fatter commander, who prudently withdrew when he had led his raggam [...]ffins where they might be peppered.
The first whom their conduct regards is a name which should never be mixed amid the tumult of party [Page 67]contests; and which I mention with reluctance though it is to recall to it that reverence which is its due, and which the behaviour of the late administration has tended so much to diminish. It is the great advantage which limited and mixed monarchies have over those of a more despotic cast, that in them there are so many intermediate subordinate powers between the king and his people, that the love and reverence, which for the public good it is expedi [...]nt be should possess, may always be retained to him. To this end it is necessary that the private sentiments of the monarch should not be quoted at all; and that those of his character should be expressed with a moderation and dignity equally removed from the vehemence of any party, that he may continue to all the object of veneration. The late administration offended against both these parts of their duty as ministers.
It would perhaps be unjust to reproach them with the effeminate, uncertain, and even ungrammatical expressions in which they cloath the sentiments which they attribute to their sovereign; so different from that plain and natural style which ought to convey the commands of an English king; because it is probable that they used on this occasion the best expressions in their power.
But they are to be told, that to describe their master as surprised, and as highly provoked (see Appendix, No. 3 and 5) is not a proof of their knowledge of the duties of administration. The president Montesquieu, when he condemns this mixing of passion with the royal authority, which he says (Liv. xii, chap. 25.) est un grand resort, qui doit se mauvoir aisément. & sans bruit, could not more exactly have described their dispatches if he had read them. Un ministre malhabile—ne scait vous dire ou vous ecrire si ce n'est que le prince est fachè qu'il est surpris, qu'il meltra [Page 68]ordne. The reason of the impropriety of this kind of style he had given before, Dans nos monarchies toute la felicitè consiste dans l'opinion que le peuple a de la douceur du gouvernement. The king is the father of his people, and he views their errors and their crimes with that compassion with which parents regard the misconduct of their children; it is with reluctance that he lifts his hand to punish, and it is not the being provoked, it is the necessity of preventing greater evils, it is justice, it is his paternal care for his obedient subjects, which draws from him any mark of correction and chastisement. It is by this character that he preserves the reverence of his people, and therefore to attribute to him those little passions, which may perhaps at some times agitate the minds of his ministers, is to diminish his dignity, the confidence which his subjects place in him, and the happiness of his people. This is so self-evident that I doubt not the s—y himself will be the first to acknowledge it; and to confess that he could not, without betraying equally the truth & his duty, represent his master as highly provoked.
But this was not the only instance in which they misrepresented the sentiments of their sovereign: when they were to influence by authority those whom popular tumult could not terrify to consent to the repeal of the stamp act, they had recourse to the name of the — assuring those who would hear them, that the — wished it might be repealed. The part of honest and affectionate servants was the very reverse of this; supposing the measure itself to have been just, all mention of that name should have been suppressed, till, the success of the repeal being ascertained, the wishes which he expressed for the relief might be held out as the object of the gratitude of his people; but to quote this authority, and to risque thereby this reputation for the promotion of their own party-purposes, [Page 69]was a conduct neither suggested by duty to their fovereign, nor by regard for the constitution: this reserve would have been necessary, had the opinion of the — been that which they attribute to him; but it is certain that they falsified as well as prostituted the sentiments of the —: it is certain, although when contradicted on this subject by those who could do it with authority, they endeavoured to avoid the disgrace of this contradiction by an expedient borrowed from their own school of business, those clubs of gaming in which gentlemen do not trust the unwritten words of gentlemen, and demanded in writing the words of their sovereign.
His words were the genuine dictates of his wisdom and love [...]or his people; careful of the safety of all his subjects, he wished to unite them all by the bands of mutual support, and by a community of duties as well as of rights. They can claim no merit towards the crown, who by their artifices prevented the execution of that royal wish; but must with terror look forward to that hour, for it will come, when Augustus, grieved with the remembrance of the only loss which can obscure the glories of his successful reign, shall demand from them a restitution, not of a province, but of an empire more extensive than that of Rome; not of three legions, but of whole nations of subjects.
They appear however to deserve at least the thanks of the Americans, whose present interests they have promoted, and of whose privileges they are the avowed patrons; and yet there are many reasons which may induce those who are best acquainted with the true interests of that country, to think that they have not been served by the late project of emancipation. If it is true, as it has hitherto been pretty generally thought, that the good of each part is inscparable from that of the whole, their interests are involved in those [Page 70]of the whole empire, and they must themselves be hurt by their partial exemptions.
If it is the interest of colonies, formed of such various and discordant materials, to be attempered, guided, encouraged, or restrained by their common parent; the being set loose from that tie, and encouraged to reject the authority of that parent, will have material and immediate ill consequences. It is true, that the Americans, under the shade and protection of Great-Britain, have made rapid advances in population, commerce and wealth; but are they sufficiently strong to flourish without her care; or to support, I will not say her resentment, but her neglect: The provinces on the American continent have been so divided in principles, sentiments and manners; so jea [...]ous of the progress of each other in strength, commerce and riches, that they have ever been unable to form an union equal to their own defence. Their frontiers on both sides are extensive, and therefore easily attacked; they have no fortresses, no ships of force, no marine of their own; but must depend upon the English navy to keep at a distance from them those dangers which they are unable to repell: the Indian nations, reduced as they are, are still formidable to them; it was by the English arms that their inroads since the peace have been checked and prevented; those arms of the expence of which the colo [...]ists have refused to pay any proportion: and yet they may again want the protection of that government which they have [...]jected; and they may call too late for the efforts of that warmth of affection, which such a partial exemption tends to alienate from them.
It tends too to alienate from them this affection, from which they have received such advantages, that they have been represented to have some peculiar claims to a freedom which they purchased by peculiar fortitude; [Page 71]a representation which is most untrue. We have been told, that having fled to that country from our oppression, their migration to America, as it argued in them a love, so it gave them a title to freedom superior to that of their fellow subjects who remained in England. But to esteem the Americans our brethren, and to wish that they may deserve and possess all the sweets of civil and religious liberty, which Great-Britain enjoys, does not make us forget that they received these blessings from England, and depend on her for the continuance of them. The truth of the latter of these propositions is obvious; the proof of the former would be easy but invidious; for the history of these colonies is not involved in that cloud of fable which hangs over and aggrandizes the origin of more antient nations: It would not be difficult to give a detail of the establishment of each; and it would appear from that detail that there are few of them who could claim any hereditary discriminating privileges. Of the patriot colonists of New-York it is so far from being true that they fled from our oppression, or grew by our neglect, that they were Dutch subjects acquired by our arms, and received, by a formal cession from Holland in 1667, into our protection. Of the Virginians, whose resolutions were the alarum-bell to rebellion, and who have been esteemed the great patrons of American privileges, it may be said with truth, that all the inhabitants of that colony did not retire thither from motives of religion and virtue; and that some of them at least were removed to that place, not by the oppression but the mercy of the government of England. Nor is this peculiar to the colony of Virginia, for I find in one of the American newspapers, dated Boston. September 2. 1765, that one of those patriots who had been the most active in foreing from Mr. Johnson a resignation of his stamp-office was a foreigner (by [Page 72]which name I suppose they do not yet describe an Englishman) who had been transported from England to America. Such a detail would be but a mild return for all those marks of neglect, contempt, and insult on Great-Britain, with which the writings of that country have abounded; it will however be more temperate only to say, that admitting that to be true of all the colonies, which is perhaps true only of the New-England governments, that the settlers of them retired thither to enjoy that liberty of which a monarch of arbitrary principles was endeavouring to deprive them at home; yet less praise is due to those who fled from the danger, than to those who had the courage to abide it. If their flight argued in them a love of freedom, their countrymen who remained in England shewed by their actions an equal love of it, supported with more resolution and success; they took arms to oppose the tyranny from which the others fled, averted it by the civil war, and abolished it by the revolution. In these two hazardous enterprizes, undertaken for the cause of liberty, the colonies took no part; they followed in both the fortunes of the mother-country; the patriots of which disused the advantages of their success to the infant colonies after their settlement; and the colonists therefore have neither shewn any peculiar attachment, nor can be entitled to any of those superior claims to freedom which have been so invidiously and falsely made in their behalf; but owe every branch of the liberties of Englishmen to the community of rights, which they are entitled to as long as they remain in that subjection to England, to which they are bound by the ties of gratitude, justice and interest. In fact, the rights to which they have a just claim, are rendered precarious by placing them on the ground, on which some of their imprudent advocates in England have concurred with some of their assemblies to place them.
[Page 73] The franchises of Great-Britain are protected and preserved for all the subjects of the realm by the same power which defined and obtained them; for it was not by the flight of a few Plymouth adventurers, but by the courage and constancy o [...] the people of England that the freedom of our constitution was defended: the bill of rights, the act of settlement, on which all our liberties depend, are not the resolutions of an assembly of colonists, but the acts of an English Parliament. As our liberties were established, so they are still protected by the legislature of Great-Britain; it is as claimants under this title, and subjects to this power, that the Americans have ever enjoyed and still enjoy them; a claim and title which cannot exist in those who reject its authority: the cause therefore of the colonists and their rights, are betrayed by those who withdraw their dependence from the supreme ligislature, and teach them to rest upon the precarious and feeble support of a provincial assembly.
The Americans indeed owe it to the connivance and encouragement of the last ministry, that their people have been blooded with the prey of sedition; that they have been taught to obtain support by other means than industry, and privileges by other means than obedience; but whether the exciting and rewarding this temper will conduce to the happiness of that continent, either in the several provinces, or considered as a common empire, is to be referred to the judgment of the wise and loyal of the colonists: a judgment which they have already expressed; for all the Americans are not to be involved in those accusations of disobedience, which have been proved on some. There have ever been among them men of wisdom and moderation well acquainted with and attached to the constitution of their country; and though some of these, driven as exiles to Great-Britain, [Page 74]are neglected in that kingdom for the cause of which they suffer; there are yet many others, who wait only 'till the first gust of popular tempest is past, to avow their principles and return to their duty.
In truth the Americans in general are less guilty than they may at first sight be thought: the desire of present ease is the common feeling of man, and the bulk of the people are so entirely guided by their feelings that there is scarcely an instance of their submitting to imposts however essential to their interests or even to their safety, from any motives but those of necessity. The Americans exerted only on a similar occasion the same spirit, which animated the cyder counties to tumult and almost to rebellion: these counties are not invidiously mentioned; for there is not, it is probable any part of our dominions, scarcely any county in England, which, if government in it had been so neglected and relaxed, riots so encouraged, and rebellion so unchecked would not have expressed an equal aversion to the obnoxious burthen of taxes In viewing commotions of this kind it is natural to pity, while we condemn the unthinking and misguided people: but on those who could behold the first rising of the American storm without even attempting to suppress it, could give it strength by such a conduct as implied approbation; and, that they might blast their predecessors in office, contribute to raise a tempest which was to lay the colonies waste, and tear America from England; on these our indignation must be poured unmixed; and they may well expect that the dangers and the mischiefs of the disunion, will bring on them the resentment and reproaches of those of the colonists who understand their duty and their interests.
If however the late administration have the justest title to those honours and statues, which some of the Americans have loyally admitted their sovereign [Page 75]to share with the E. of C—m; from England they have no claim to approbation: in that opposition of interests which they so unwisely raised between the members and the head, every merit towards America, is a crime to their country.
When it became a question, whether the colonies should be called upon for a just and moderate contribution towards their own defence; or that this should be thrown, in addition to their other burthens, on the inhabitants of Great-Britain; to surrender our just rights, and to endeavour to force à decision of this question in favour of America, by all the arts of intrigue and faction, cannot merit the thanks of the people whose interests they surrendered. The other measures proposed by that ministry do not immediately belong to this subject, and I observe in this place, that they consisted of exemptions from commercial restraints, relaxations of the act of navigation, remissions of duties, all favourable to the colonies, and disadvantageous to Great-Britain, only as a proof that the having introduced a rivality between them, and preferred America, cannot entitle them to popularity in England.
It would indeed have been unreasonable to have expected from the late ministry any measure which required extensive views, or a concerted plan; it would have been absurd to have hoped that they would hazard a breath of that popular air, which they were gathering with so much industry to fill their sail, for the sake of a distant and public benefit: but nothing of this was necessary; they had succeeded a minister such as they could wish, one who had been we [...] enough to subject himself to much real opposition, and more abuse, for the sake of the state; who seems to have retained the useless and exploded idea of a common weal, a public interest. To this man even experience had not given prudence; and, though [Page 76]sensible that from pursuing a plan of English policy abroad, and of oeconomy and improvement at home, he had reaped only the satisfaction of having discharged his duty, while Mr. Pitt had acquired popularity by adopting the most expensive German measures, and imposing the most severe taxes to support them; yet his obstinacy had made him hardily oppose himself to the whole torrent which private interest and faction would not fail to pour on his head. He had done this merely that he might form and cement a lasting plan of policy, might unite the colonies by the firmest bands of dependence on Great-Britain, attemper their several interests, and lay the foundation of indissoluble union, and of encreasing strength and riches for distant ages.
It was natural that the ministers who succeded him should despise this antiquated policy, so different from their own, and deride those sentiments which could give birth to it; but they would have done well to have profited by it; and after having thrown all the abuse they were able on the minister who planned it, at least to have retained those advantages which he had given to Great-Britain. Unhappliy they embraced the opposite system, and to blast, if it were possible, the reputation of one minister, whom they envied and feared; to secure an union with another, by whom they were despised; and to attain that degree of popularity, which the interested followers of some interested traders could bestow, they proposed the repeal of that act, the execution of which they had endeavoured to render impossible.
The success of one of these designs the public has already seen in the permission, which those of the late ministry, who had most actively promoted that measure, have received from lord C—m to continue in office: that of the other two purposes seems [Page 77]less within their reach; for, though while the passions of the public were heated by those whose interest it was to prevent their judging with impartiality, Mr. Grenville was the object of much abuse, it is nor possible that the infatuation should last; the clamours of mob, and the misrepresentations of faction will subside; the taxes which have been removed from American and must be laid on English property will be fel [...]; and the partiality of the imposition will add weight to the load; a time is coming when it shall be remembered to his honour (and it shall scarcely be believed that in Great-Britain it could be a reproach to him) that he was the first who proposed to secure by just and moderate ties the allegiance of those colonies, which with so much expence we had planted, protected, and enlarged; who when every branch of our trade every necessary of life was taxed in England even to its utmost bearing, acquired from America some return for that support which we had so liberally given, some tribute for that wealth, which we had poured into her bosom, some a [...]d towards maintaining her in that security which we had so dearly purchased; and who, when the artifices of faction had divided the several parts of our empire, and when the administration sacrificed their trust to their hopes of popularity and power, and became Americans; remained an Englishman.
The temporary and bought praise of that administration must subside also, and they will receive from their countrymen that censure which they have so well merited. But I leave them to the good or evil fame which awaits them, for the object of this pamphlet was not the applause or censure of any set of men, or the mere contention of parties: it was undertaken with a better and honester view, with the hope, that if a plain state of the facts relating to the [Page 78]stamp act, supported by authentic vouchers, was laid before the public, it might prove to those who have been guided by names instead of reasons, have been misled by false assertions, or have acted from sear rather than judgment, the necessity of untreading the false steps which have been taken, of promoting better measures, and securing, while yet it is possible to secure, the only r [...]maining hope of Britain. It is better to assert than to prove that it is from the union and dependence of the colonies that we are to seek for our safety; it is time therefore to return to measures undertaken upon public grounds and permanent principles; what those are, the perusal of this tract may in some degree have suggested; and if any senator should condescend to turn it over, he may perhaps, by the evidence it contains, be prepared to hear himself addressed by his constituents in some such manner as this.
When I entrusted to you the care of my interests, and the power of granting some part of my property for the services of the state. I entrusted it in confidence that this power would never be used but on the calls of necessi [...]y, and would ever be exercised with [...]ustice. The character of a legislator demands the s [...]rictest attention to that general good which arises from subjecting the several interests of the landed and commercial parts of the state to one common end; and a mind too steady to be diverted from the pursuit of this end either by hopes or fears, by authority or by [...]umult. If it was wise or prudent to relax for a time the springs of government; to give opportunity to an enflamed and misguided people to return to their allegiance; that time has been given: The stamp-act was repealed on the motives of condescention to mercantile interests and fears, and to popular violences; that hour of tumult is passed: [Page 79]If lenity to the colonists was then necessary, justice to England now claims its turn: Sacrifice no longer the unalienable rights of supreme jurisdiction to the new and illegal claims of provincial assemblies; but if the Americans enjoy the privileges, let them participate in some degree of the burthens of their sellow subjects. If their ability could have been doubted before, the administration in 1764, and 1765 encreased it by encouraging their cultivation and commerce; they have received more immediate advantages, at the expence of England, from the ministry which followed: If there could be any doubt whether these favoured children would be reclaimed to obedience by concessions, that doubt is removed. They would not express that encroaching gratitude, which is contained in their address [...]s, if the object were only the repeal of a particular and light duty; it is plain that they understand the conduct of England to be an acknowledgment of the right which they claim, of taxing themselves.
Their temper is still more plainly proved by the indignation they express at the claim of England to sovereignty, and at the bare mention of requiring them to repair the damages, for the insults are irreparable, which the officers of England have suffered at their hands.
The last and strongest proof arises from their conduct; for it is certain that in the town of Boston, the execution of the custom-house laws is now actually suspended, and seizures of smuggled goods prevented by open force in despite of the government of Great-Britain. Now then at length call on them for an aid in some proportion to their ability; and oblige them to confess, not in words, but by obedience, the authority of England. Relieve me from that appearance of partiality which doubles the [Page 80]weight of every burthen which you impose; and while every necessary of life is taxed to its u [...]most bearing, do not deprive me of the melancholly consolation which I draw from believing that the taxations are equally laid on all my fellow subjects.
I submit to taxes as they are the purchase of p [...]ace and security; do not while you receive the price, withold the reward; nor encourage every species of outrage tending to the dissolution of society by granting those exemptions to rebellion, which you refuse to obedience. If tumult can extort the repeal of a duty to be levied chiefly on the rich, while acquiescence is repaid by an additional and perpetual land tax on the poor, will you not exicte the insurrections which you reward; and discourage that submission which is thus made to bear more than its own burthen? at least do not treat with more tenderness your emancipated and rebllious colonists than those of your countrymen, who have perhaps been encouraged in tumult by American success. If the poor English peasant, driven into a temporary insurruction by the whip of that severest master Want, is taught to expect condign punishment and speedy justice, and calls forth the vigor and vigilance of government, let the wanton Americans forming a concerted plan of obstinate rebelion on occasion of a tax uncollected, and which would almost have been unfelt, awaken other sentiments than those of the utmost lenity.
To impose with success on the Americans that proportion of the public burthen which they ought to bear, seize the opportunity, while a general peace leaves you at liberty to employ in this service, whatever force may be necessary for it; and while the infirm and disjointed state of the provinces renders a small force [Page 81]equal to the work; an opportunity which may soon pass, and the neglect of which must be fatal to the very safety of Great-Britain. Other misfortunes may be repaired or borne, the loss of battles or of cities may be redeemed or compensated in more prosperous hours; but if you suffer this important hour to pass unimproved, it is lost forever: The Americans will add to confidence in their claims, strength to support them; they will turn our favors to them into reasons of resistance, and refuse to receive any longer our manufactures, which are become expensive by being loaded with taxes imposed for their protection; they will cease to be the Colonies of England, and we shall have more than doubled the burthen of our national debt in a war undertaken for their defence, and the successes of which were all directed to their advantage, to enable them to pour the benefits of their trade into the bosom of our commercial rivals. The declaratory law asserting the power of Great-Britain to tax the Americans, will hold forth only a delusive and nugatory affirmance of the right of the legislature of this kingdom, if not followed by some bill which shall exert it. The surrender of so unalienable a jurisdiction, when this surrender might, and certainly in America would be attributed to such motives, demands a subsequent vigour and firmness; if now, when time for recollection has been given, you neglect to pursue those measures, which justice and necessity demand from you; and to which duty, gratitude and interest ought to secure obedience from them, the whole new world ceases for ever to be subject to your authority.
Ministers for the purposes of interest and party may wish to continue this partial exemption; but you can act from no motives but those of justice; your interest is united to your duty; and you cannot without departing from both give any support to a minister capable [Page 82]of such a conduct. If the public see with regret the power of government in the hands of lord C—m, it is from the dread not so much even of his continental, as of his colonial system: It was from the commerce of the American part of our dominions that those resources were to be drawn, which his extravagance have rendered so necessary. But to continue every species of profusion, and, by throwing wantonly his pensions into every open hand, to load the present revenue; while by emancipating the colonies he prevents even future improvements; is at once to divide the river of our wealth 'till it is lost in a thousand private channels, and to cut off its communication from that spring, by which it should be supplied. We had less to fear from the inability of the last, than from the desperate rashness of the present statesman; if the former connived at the colonists withdrawing themselves from our dominion, this professes on principles to throw them from us. If we have almost lost America by the timidity and neglect of those who did not venture to deny our right to the dominion of that country, can we hope to recover it under his guidance, who is almost the only man in England who ventures to assert it owes us no subjection. If then in this hour of danger, when vigour and firmness are necessary to reclaim the colonies to our obedience, you see a junto formed of the minister who has taught them to despise our authority, joined to the peer who declares they are exempted from our dominion, you will not be satisfied with an unactive pity for your country; but will exert your best abilities to vindicate her rights, and provide for her security; and to oppose by every constitutional method, ministers who are convicted of having sacrificed to their jealousy, resentment, ambition, and interest, the safety of our officers, the dignity of our state, the stability of our commerce, and the rights of our Legislature.