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power, they may with the greater facility enflave you.

The caufe of America is now the object of univerfal attention; it has at length become very ferious. This unhappy country has not only been oppreffed, but abused and mifreprefented; and the duty we owe to ourfelves and pofterity, to your intereft, and the general welfare of the British empire, leads us to address you on this very important fubject.

Know then, that we confider ourselves, and do infift, that we are and ought to be as free as our fellow fubjects in Britain, and that no power on earth has a right to take our property from us without our confent.

That we claim all the benefits fecured to the fubject by the English Conftitution, and particularly that ineftimable one-of Trial by Jury.

That we hold it effential to English liberty, that no man be condemned unheard, or punished for fuppofed offences, without having an opportunity of making his defence.

That we think the Legislature of Great Britain is not authorized by the conftitution to eftablish a religion, fraught with fanguinary and impious tenets, or to erect an arbitrary form of government, in any quarter of the globe. Thefe rights we, as well as you, deem facred, and yet, facred as they are, they have, with many others,been repeatedly and flagrantly violated.

Are not the proprietors of the foil of Great Britain Lords of their own proper ty? Can it be taken from them without their confent? Will they yield it to the arbitrary difpofal of any man, or number of men whatever? You know they will

not.

Why then are the proprietors of the foil of America lefs Lords of their property than you are of yours, or why hould they fubmit it to the difpofal of your Parliament, or any other Parliament or Council in the world, not of their election? Can the intervention of the fea that divides us caufe difparity in rights, or can any reafon be given, why English subjects, who live three thousand miles from the royal palace, fhould enjoy lefs liberty than thofe who are three hundred miles diftant from

it ?

Reason looks with indignation on fuch diftinétions, and freemen can never perceive their propriety. And yet. how

ever chimerical and unjust fuch difcriminations are, the Parliament afferts, "that they have a right to bind us in all cafes without exception, whether we consent or not; that they may take and use our property when and in what manner they pleafe; that we are penfioners on their bounty for all that we poffefs, and can hold it no longer that they vouchsafe to permit." Such declarations we confider as herefies in English politicks, and which can no more operate to deprive us of our property, than the interdicts of the Pope can diveft Kings of fceptres, which the laws of the land and the voice of the people have placed in their hands.

At the conclufion of the late war-a war rendered glorious by the abilities and integrity of a Minifter, to whose efforts the British empire owes its fafety and its fame: at the conclufion of this war, which was fucceeded by an inglorious peace, formed under the aufpices of a Minifter+-of principles, and of a family, unfriendly to the Proteftant caufe, and inimical to liberty.-We say, at this period, and under the influence of that man, a plan for enflaving your fellow fubjects in America was concerted, and has ever fince been pertinaciously carrying into execution.

Prior to this æra you were content with drawing from us the wea'th produced by our commerce. You restrained our trade in every way that could conduce to your emolument. You exercised unbounded fovereignty over the fea. You named the ports and nations to which alone our merchandize fhould be carried, and with whom alone we thould trade: and though fome of thefe reftrictions were grievous, we nevertheless did not complain; we, looked up to you as to our parent fate, to which we were bound by the Arongest ties, and were happy in being inftrumental to your profperity and your grandeur.

We call upon you, yourselves, to witnefs our loyalty and attachment to the common intereft of the whole empire. Did we not, in the last war, add all the ftrength of this vaft continent to the force which repelled our common enemy? Did we not leave our native shores, and meet difeafe and death, to promote the succefs of the British arms in foreign climates? Did you not thank us for our zeal, and reimburse us large fums of money, which, NOTE, *Lord Chatham. + Lord Bute.

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you confeffed, we had advanced beyond our proportion, and far beyond our abilities?—You did.

To what causes, then, are we to attribute the fudden change of treatment, and that fyftem of flavery, which was prepared for us at the reitoration of peace?

Before we had recovered from the diftrefles which ever attend war, an attempt was made to drain this country of all its money, by the oppreffive Stamp A&t. Paint, glafs, and other commodities, which you would not permit us to purchase of other nations, were taxed; nay, although no wine is made in any country fubject to the British state, you prohibited our procuring it of foreigners without paying a tax, impofed by your Parliament, on all we imported. Thefe and many other impofitions were laid upon us, moft unjustly and unconflitutionally, for the exprefs purpose of raising a revenue.-In order to tilence complaint, it was indeed provided, that this revenue fhould be expended in America, for its protection and defence.-These exactions, however, can receive no justification from a pretended acceffity of protecting and defending us: they are lavishingly fquandered on Court favourites and Minifterial dependants, generally avowed enemies to America, and employing themfelves by partial reprefentations, to traduce and embroil the Colonies. For the neceffary support of Government here, we ever were, and ever fhall be, ready to provide; and whenever the exigencies of the ftate may require it, we hall, as we have heretofore done, shearfully contribute our full proportion of men and money.-To enforce this unconftitutional and unjust mode of taxation, every fence that the wifdom of our British ancestors had carefully erected againft arbitrary power had been violently thrown down in America, and the inestimable right of trial by jury taken away, in cafes that touch both life and property. It was ordained, "that whenever offences fhould be committed in the Colonies again!! particular Acts, impofing various duties and restrictions upon trade, the profecutor might bring his action for the penalties in the Courts of Admiral ty;" by which means the subject loft the advantage of being tried by an honeft, uninfluenced jury of the vicinage, and was fubjected to the fad neceffity of being judged by a fingle man, a creature of the Crown, and according to the courfe of a law which exempts the pro

fecutor from the trouble of proving his accufation, and obliges the defendant either to evince his innocence or to fuffer. To give this new judicatory the greater importance, and as if with a delign to protect falfe accufers, it is further provided, "that the Judge's certificate, of there having heen probable causes of feizure and profecution, fhall protect the profecutor from actions at common law for recovery of damages."

By the courfe of our law, offences committed in fuch of the British dominions in which Courts are established, and juftice duly and regularly administered, fhall be there tried by a jury of the Vicinage. There the offenders and the witneffes are known, and the degree of credibility to be given to their tentimony can be ascertained.

In all these colonies juftice is regularly and impartially administered; and yet, by the conttruction of fome, and the direction of other acts of parliament, offenders are "to be taken by force, together with all fuch perfons as may be pointed out as witnesses, and carried to England, there to be tried in a diftant land, by a Jury of Strangers," and fubject to all the difadvantages that refult from want of friends, want of witneffes, and want of money!

When the defign of raifing a revenue from the duties impofed on the importaon of tea into America had in a great measure been rendered abortive, by our ceafing to import that commodity, a fcheme was concerted by the Miniliry with the Eaft India Company, and an act paffed enabling and encouraging them to tranfport and vend it in the colonies. Aware of the danger of giving fuccefs to this infidious manoeuvre, and of permitting a precedent of taxation thus to be ellablifhed among us, various methods were adopted to elude the ftroke. The people of Bofton, then ruled by a Governor, whom as well as his prececeffor, Sir Francis Bernard, all America confiders as her enemy, were exceedingly embarraffed. The flips which had arrived with the tea were by his management prevented from returning. The duties would have been paid: the cargoes landed and expofed to fale; a Governor's influence would have procured and protected many purchafers. While the town was fufpended by deliberations on this important fubject the tea was deftroyed. Even fuppofing a trefpafs had been committed, and the proprietors of the tea

entitle

entitled to damages,

the courts of law were open, and judges appointed by the Crown prefided in them.-The Eaft India Company however did not think proper to commence any fuits, nor did they even demand fatisfaction either from individuals or from the community in general. The Miniftry, it feems, officioufly made the cafe their own, and the great council of the nation defcended to intermeddle with a dispute about private property.-Divers papers, let ters, and other unauthenticated ex parte evidence was laid before them; neither the perfons who deftroyed the tea, nor the people of Bofton, were called on to anfwer the complaint. The miniftry itcenfed by being disappointed in a favourite scheme, were determined to recur from the little arts of fineffe, to open force and unmanly violence. The port of Bofton was blocked up by a fleet, and an army placed in the town. Their trade was to be fufpended, and thousands reduced to the neceffity of gaining fubfiftance from Charity, till they fhould fubmit to pafs under the yoke, and confent to become flaves, by confeffing the omnipotence of Parliament, and acquiefcing in whatever difpofition they might think proper to make of their lives and property.

Let juftice and humanity ceafe to be the boast of your nation: Confult your hifiory, examine your records of former tranfactions, nay turn to the annals of the many arbitrary ftates and kingdoms, that furrounds you, and fhew us a fingle inftance of men being condemned to fuffer for imputed crimes, unheard, unqueftioned, and without even the fpecious formality of a trial; and that too by laws made expreffly for the purpose, and which had no existence at the time of the fact committed. If it be difficult to reconcile thefe proceedings to the genius and temper of your laws and conftitution, the task will become more arduous when we call upon our ministerial enemies to juftify, not only condemning men untried and by hearfay, but involving the innocent in one common punishment with the guilty, and for the act of thirty or forty, to bring poverty, diftrefs and calamity on thirty thoufand fouls, and thofe not your enemies, but your friends, brethren, and fellow fubjects.

It would be fome confolation to us, if the catalogue of American oppreffions ended here. It gives us pain to be reduced to the neceffity of reminding you,

that under the confidence repofed in the faith of Government, pledged in a roy al charter from a British Sovereign, the fore-fathers of the prefent inhabitant of the Maffachusetts Bay left their form. er habitations and eftablished that great, flourishing, and loyal colony. Without incurring or being charged with a forfeiture of their rights, without being heard, without being tried, without law and without justice, by an act of Parliament their Charter is deftroyed, their Liberties violated, their Constitution and form of government changed. And all this upon no better pretence, than because in one of their towns a trefpafs was committed on fome merchandize, faid to belong to one of the companies, and because the Miniftry were of opinion that such high political regulations were neceffary to compel due fubordination and obedience to their mandates.

Nor are these the only capital grievances under which we labour. We might tell of diffolute, weak and wicked Governors having been fet over us: of legiflatures being fufpended for afferting the rights of British fubjects, of needy and ignorant dependants on great men, advanced to the feats of juftice and to other places of truft and importance; of hard reftrictions on commerce, and a great variety of fmaller evils, the recollection of which is almoft loft under the weighty preffure of great and more poignant calamities.

Now mark the progreffion of the minifterial plan for inflaving us.

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Well aware that fuch hardy attempts (to take our property from us-to deprive us of that valuable right of trial by Jury-to feize our perfons, and carry us for trial to Great Britain--to blockade our ports-to deftroy our Charters, and change our forms of Government) would occafion, and had already occafioned great difcontent in all the Colonies, which might produce oppofition to these measures, an Act was paffed protect, indemnify, and screen from punifhment, fuch as might be guilty even of murder, in endeavouring to carry their oppreffive edicts into execution; and by another act "the dominion of Canada is to be extended, modelled, and governed." as that by being difunited from us, detached from our interefts, by civil as well as religious prejudices, that by their numbers fwelling with Catholic emigrants from Europe, and by their devotion to adminiftration, fo friendly to their religion,

they

they might become formidable to us, and, on occafion, be fit inftruments in the hands of power, to reduce the ancient free Proteftant colonies to the fame ftate of flavery with themselves.

This was evidently the object of the aft: And in this view, being extremely dangerous to our liberty and quiet, we cannot forbear complaining of it, as hoftile to British America.-Superadded to thefe confiderations, we cannot help deploring the unhappy condition to which it has reduced the many English fettlers, who, encouraged by the royal Proclamation, promifing the enjoyment of all their rights, leave purchased eftates in that country. They are now the fubjects of an arbitrary Government, deprived of trial by Jury, and when imprisoned cannot claim the benefit of the Habeas Corpus act, that great bulwark and palladium of English liberty :-Nor can we fupprefs our astonishment, that a British Parliament should ever consent to establish in that country a religion that has deluged your jfland in blood, and difperfed impiety, bigotry, perfecution, murder, rebellion, through every part of the world.

This being a true ftate of facts, let as befeech you to confider to what end they lead.

Admit that the Miniftry, by the powers of Great Britain, and the aid of our Roman Catholick neighbours, fhould be able to carry the point of taxation, and reduce us to a state of perfect humiliation and flavery; fuch an enterprize would doubtlefs make fome addition to your national debt, which already preffes down your liberties, and fills you with penfioners and placemen. We prefume, alfo, that your commerce will fomewhat be diminished; however, fuppofe you fhould prove victorious—in what condition will you then be? What advantages, or what laurels will you reap from fuch a conquest?

May not a Miniftry, with the fame armies, enflave you?-It may be faid, "You will cease to pay them;-but remember the taxes from America, the wealth, and we may add the men, and particularly the Roman Catholicks of this vaft Continent, will then be in the power of your enemies; nor will you have any reason to expect, that, after making flaves of us, many among us fhould refufe to affift in reducing you to the fame abje& ftate.

Do not treat this as chimerical-Know in lefs than half a century, the quit-rents referved to the Crown, from the numberlefs grants of this vaft continent, will pour large fireams of wealth into the royal coffers, and if to this be added the power of taxing America at pleasure, the Crown will be rendered independant on you for fupplies, and will poffefs more treasure than may be neceffary to purchafe the remains of liberty in your ifland. In a word, take care that you do not fall into the pit that is preparing for us.

We believe there is yet much virtue, much juftice, and much public spirit in the English nation-To that juftice we now appeal. You have been told that we are feditious, impatient of government, and defirous of independency. Be affured that these are not facts but calumniesPermit us to be as free as yourselves, and we fhall ever efteem a union with you to be our greatest happiness; we shall ever be ready to contribute all in our power to the welfare of the empire-we shall confider your enemies as our enemies, and your interest as our own.

But if you are determined that your minifter fhall wantonly sport with the rights of mankind; if neither the voice of justice, the dictates of the law, the principles of the conftitution, or the fuggeftions of humanity can reftrain your hands from the fhedding human blood, in fuch an impious caufe, we must then tell you-That we never will fubmit to be hewers of wood or drawers of water for any miniftry or nation in the world.

Place us in the fame fituation that we were at the clofe of the laft war, and our former harmony will be reftored.

But left the fame fupineness, and the fame inattention to our common interest, which you have for feveral years fhewn, fhould continue, we think it prudent to anticipate the confequences,

By the destruction of the trade of Bofton, the Miniftry have endeavoured to influence fubmiffion to their measures, The like fate may befal us all; we will endeavour therefore to live without trade, and recur for fubfiftance to the fertility and bounty of our native foil, which will afford us all the neceffaries and fome of the conveniencies of life. We have fufpended our importation from Great Britain and Ireland; and in less than a year's time, unless our grievances fhou'd

be

1

be redressed, shall discontinue our exports to these kingdoms and the West Indies.

It is with the utmost regret, however, that we find ourselves compelled by the over-ruling principles of felf-prefervation, to adopt meafures, detrimental in their confequences to numbers of our fellow fubjects in Great Britain and Ireland. But we hope, that the magnanimity and juftice of the British nation will furnish a Parliament of such wisdom, independence, and public fpirit, as may fave the violated rights of the whole empire from the devices of wicked Minifters and evil Counsellors, whether in or out of office, and thereby refiore that harmony, friendship, and fraternal affection be tween all the inhabitants of his Majefty's kingdoms and territories, fo ardently wifhed for by every true and honeft American.

Memoirs of the late Lord Clive, Baron of

WHI

Plaffey.

7HILE we behold with a fecret envy rifing generations, we are ftimulated by a strong defire of knowing the caufes of their aggrandifement. This Century is remarkable for the number of families fuddenly emerged from obfcurity by a fortuitous concurence of unforeseen circumftances, the difcovery of a new fources of commerce in diftant climes, and the depredations of fuccefsful Commanders.

In the last extenfive war, that of the Peninsula within the Ganges procured immenfe wealth, much difgrace, and fcarce any glory to the mercenary leaders of troops animated by the fame fordid principles. Most of the young people who are fent early into the Eaft-India Company's fettlements, in a civil or military capacity, are looked upon as ungovernable, unpromifing children by their parents, who feldom wifh for their return, unless they hope to fhare the fruits of rapine and oppreffion.

This, doubtlefs, was the cafe of young Clive; and fuch was the opinion of his father, when he was happily rid of an untoward, difagreeable boy, who he thought could never move above the humble fphere of an Under-writer in India.

Though the Clive family was not illuftrious, it was creditable, and well known, for feveral generations, in the county of Salop. Many in London remember the father of the late Noble Lord: He was

an Attorney at Law, neither confpicuous for talents in that critical profeffion, nor eminent by his practice. His fon failed for India in the year 1743; he was then in his eighteenth year; and his familiar companions often rallied him for his gloomy, morofe taciturnity. It does not appear that, from the time he was admitted a Clerk of the Company in Bengal, he manifested any tokens of uncommon talents till the year 1750, when military commiffions were offered to all the young people who had ferved the Company in the ftation of copyifts and tranfcribers. Mr. Clive, who was difgufted with the confinement and dull uni formity of office, gladly embraced the opportunity to try his fortune as a foldier. He was then about five-and-twenty years old. It does not appear that before he engaged in this new profeffion he had ever read books, or converfed with men, learn the rudiments of war. from whom he could, in any measure,

The Com

pany's troops had formerly been commanded by foreign adventurers, needy, rapacious, and defperate: no fubjects of the British Empire, excepting hardy and warlike Scotchmen, had the fpirit and perfeverance to feek, through numberless dangers and difficulties, the riches of Indoftan; which has become, ever fince the invafion of Kouli Kan, a scene of anarchy and ruin. Every great man protects himself in his tyranny by his foldiers, whofe pay far exceeds the natural riches of his Government. The people, who know they can be in no worfe ftate, concern themselves very little in the revolutions of Government. To the diftractions of this Empire are owing the late fucceffes of the English in Indoftan; and indeed what they have acquired in point of territory, has been gained from ufurpers and robbers, the Soubahs and Nabobs, and other inferior minifters of their rapaciousness and cruelties.

The commerce of India is courted by all trading nations in the world, and probably has been fo from the earliest ages. The Greeks and Romans drew from thence their highaft materials of luxury; the greatest share of it is now centered in England.

The Carnatic, as it is now called, is chiefly the spot where the English have acquired immenfe fortunes within thefe thirty years. Our design is not to expofe here the fundamental errors in the conftitution of the Eaft India Company. The Directors have lately confidered the

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