He that will enjoy the brightnefs of funfhine, muft quit the coolness of the fhade. He who goes voluntarily to America, cannot complain of lofing what he leaves in Europe. He perhaps had a right to vote for a knight or burgefs: by crof fing the Atlantic he has not nullified his right; for he has made its exertion no longer poffible. By his own choice he has left a country where he had a vote and little property, for another, where he has great property, but no vote. But as this preference was deliberate and uncontrained, he is fill concerned in the government of bimfef; he has reduced himfelt from a voter to one of the innumerable multitude that have no vote. He has truly ceded his right, but he still is governed by his own confent; because he has confented to throw his atom of intereft into the general mafs of the community. Of the confequences of his own act he has no caufe to complain; he has chofen, or intended to choose, the greater good; he is reprefented, as himself defired, in the general reprefentation. But the privileges of an American fcorn the limits of place; they are part of himself, and cannot be loft by departure from his country; they float in the air, or glide under the ocean. DORIS amara fuam non intermifceat undam. A planter, wherever he fetties, is not only a freeman, but a legiflator, ubi imperator, ibi Roma, As the English Colonifts are not reprefented in the British Parliament, they are entitled to a free and exclufive 1ower of legifation in their feveral legifatures, in all cafes of Taxation and internal policy, fubject only to the negative of the Sovereign, in fuch manner as has been heretofore ufed and accuftomed. We cheerfully confent to the operation of fuch as of the British Parliament as are bona fide refirained to the regulation of our external commerce-excluding every idea of Taxation, internal or external, for raifing a revenue on the fubjects of America without their confent. Their reafon for this claim is, that the foundation of English Liberty, and of all government, is a right in the people to participate in their legifative council. They inherit, they fay, from their anceflors, the right which their anceflors polled, of enjoying all the privileges of Englifhmen. That they inherit the right of their ancestors is allowed; but they can inherit no more. Their ancestors left a country where the reprefentatives of the people were elected by men particularly qualified, and where thofe who wanted qualifications, or who did not ufe them, were bound by the decisions of men whom they had not deputed. The colonifts are the defcendants of men, who either had no votes in elections, or who voluntarily refigned them for fomething, in their opinion, of more eftimation; they have therefore exactly what their ancestors left them, not a vote in making laws, or in conftituting legiflators, but the happinefs of being protected by law, and the duty of obeying it. What their ancestors did not carry with them, neither they nor their defcendants have fince acquired. They have not, by abandoning their part in one legiflature, obtained the power of conftituting another, exclufive and independent, any more than the multitudes, who are now debarred from voting, have a right to erect a separate parliament for themfelves. Men are wrong for want of fenfe, but they are wrong by halves for want of fpirit. Since the Americans have difcovered that they can make a parliament, whence comes it that they do not think themselves equally empowered to make a King? If they are fubjects, whofe government is conftituted by a charter, they can form no body of independent legiflature. If their rights are inherent and underived, they may by their own fuffrages encircle with a diadem the brows of Mr. Cufhing. It is farther declared by the congrefs of Philadelphia, that his Majesty's Colonies are entitled to all the privileges and immunities granted and confirmed to them by Royal Charters, or fecured to them by their feveral codes of provincial laws. The firit claufe of this refolution is easily underfto d, and will be readily admitted. To all the privileges which a charter can convey, they are by a Royal charter evidently entitled. The fecond claufe is of greater difficulty; for how can a provincial law fecure privileges or immunities to a province: Provincial laws may grant to certain individuals of the province the enjoyment of gainful, or an immunity from onerous offices; they may operate upon the people to whom they relate, but no province can confer provincial privileges on itself. They may have a right to all which the King has given them; but it is a conceit of the other hemifphere, that men have a right to all which they have given to themfelves. A corporation is confidered in law as an individual, and can no more extend its own immunities, than a man can by his own choice affume dignities or titles. The legiflature of a colony, let not the comparison be too much difdained, is only the veftry of a larger parifh, which may lay a cefs on the inhabitants, and enforce the payment; but can extend no influence beyond its own diftrict, mult modify its particular regulations by the general law, and whatever may be its isternal expences, is ftill liable to taxes laid by fuperior authority. The charters given to different provinces are different, and no general right can be extracted from them. The charter of Penfylvania, where this congrefs of anarchy has been impudently held, contains a clause admitting in exprefs terms taxation by the parliament. If in the other charters no fuch referve is made, * must have been omitted as not neceffary, because it is implied in the nature of fubordinate government, They who are fubject to laws are liable to taxes, If any fuch immunity had been granted, it is still revocable by the legislature, and ought to be revoked as contrary to the public good, which is in every charter ultimately intended, Suppose it true that any fuch exemption is contained in the charter of Maryland, it can be pleaded only by the Marylanders. It is of no use for any other province, and with regard even to them must have been confidered as one of the grants in which the king has been deceived, and annulled as mischievous to the publick, by facrificing to one little fettlement the general interest of the empire: as infringing the fyftem of dominion, and violating the compact of government. But Dr. Tucker has fhewn that even this charter promises no exemption from parliamentary taxes. In the controversy agitated about the beginning of this century, whether the English laws could bind Ireland, Daveant, who defended against Molyneux the claims of England, confidered it as neceffary to prove nothing more, than that the prefent Irish might be deemed a Colony. The neceffary connexion of reprefentatives with taxes, feems to have funk deep into many of those minds, that admit founds without their meaning. Our nation is reprefented in parliament by an affembly as numerous as can well confift with order and dispatch, chofen by perfons fo differently qualified in different places, that the mode of choice feems to be, for the most part, formed by chance, and fettled by cuftom. Of April, 1775. individuals far the greater part have no vote, and of the voters few have any perfonal knowledge of him to whom they intruft their liberty and fortune. Yet this reprefentation has the whole effect expected or defired; that of spreading fo wide the care of general intereft, and the participation of publick counfels, that the intereft or corruption of particular men can feldom operate with much injury to the publick. For this reafon, many populous and opulent towns neither enjoy nor defire particular reprefentatives: they are included in the general scheme of publick adminiftration, and cannot suffer but with the reft of the empire. It is urged, that the Americans have not the fame fecurity, and that a British legislature may wanton with their property; yet if it be true, that their wealth is our wealth, and that their ruin will be our ruin, the parliament has the fame interest in attending to them, as to any The reafon other part of the nation. why we place any confidence in our reprefentatives is, that they must share in the good or evil which their counfels fhall produce. Their hare is indeed commonly confequential and remote; but it is not often poffible that any immediate advantage can be extended to fuch numbers as may prevail against it. We are therefore as fecure againft intentional depravations of government as human wildom can make us, and upon this fecurity the Americans may venture to repofe. It is faid by the Old Member who has written an Appeal against the Tax, that the produce of American labour is spent in British manufactures, the balance of trade is greatly against them; whatever you take directly in taxes, is in effe taken from your own commerce. If the minifter feizes the money with which the American Jhould pay his debts and come to market, the merchant cannot expect him as a customer, nor can the debts already contracted be paid.-Suppoje we obtain from America a million inftead of one bundred thousand pounds, it would be fupplying one perfonal exigence by the future ruin of our commerce. All this is true; but the old Member feems not to perceive, that if his brethren of the legislature know this as well as himself, the Americans are in no danger of oppreffion, fince by men commonly provident they must be fo taxed, as that we may not lofe one way what we gain another. The fame old Member has difcovered, that that the judges formerly thought it illegal to tax Ireland, and declares that no cafes can be more alike than those of Ireland and America; yet the judges whom he quotes have mentioned a difference. Ireland, they say, bath a parliament of its own. When any colony has an independant parliament, acknowledged by the parliament of Britain, the cafes will differ lefs. Yet by the 6 Geo! I. chap. 5. the Acts of the Britih parliament bind Ireland... It is urged that when Wales, Durham, and Chefter were divetted of their par ticular privileges or ancient government, and reduced to the ftate of English counties, they had reprefentatives affigned them. To those from whom something had been taken, fomething in return might properly be given. To the Americans their charters are left as they were, ex cept that of which their fedition has deprived them. If they were to be reprefented in parliament, fomething would be granted, though nothing is withdrawn. The inhabitants of Chetter, Durham, and Wales, were invited to exchange their peculiar inftitutions for the power of voting, which they wanted before. The Americans have voluntarily refign+ ed the power of voting to live in diftant and feparate governments, and what they have voluntarily quitted they have no right to claim. It must always be remembered that they are represented by the fame virtual representation as the greater part of Eng lifhmen; and that if by change of place they have lefs fhare in the legiflature than is proportioned to their opulence, they by their removal gained that opulence, and had originally and have now their choice of a vote at home, or riches at a distance. We are told, what appears to the old Member and to others a pofition that muft drive us into an inextricable abfurdity, that we have either no right, or the fole right of taxing the colonies. The meaning is, that if we can tax them, they cannot tax themselves; and that if they can tax themselves, we cannot tax them. We answer with very little helitation, that for the general use of the empire we have the fole right of taxing them. If they have contributed any thing in their own affemblies, what they contributed was not paid, but given; it was not a tax or tribute, but a prefent. Yet they have the natural and legal power of levying money on themfelves for provincial purpofes, of providing for their own expence, at their own difcreffion. Let not this be thought new or firange; it is the state of every parish in the kingdom. The friends of the Americans are of different opinions. Some think that being unreprefented, they ought to tax themfelves, and others that they ought to have reprefentatives in the British parliament. If they are to tax themselves, what power is to remain in the fupreme legiflature? That they must fettle their own mode of levying their money is fuppofed. May the British parliament tell them bow much they fhall contribute? If the fum may be prefcribed, they will return few thanks for the power of railing it; if they are at liberty to grant or to deny, they are no longer subjects. If they are to be reprefented, what number of thefe weftern orators are to be admitted This I fuppofe the parlia→ ment muft fettle; yet if men have a na¬ tural and unalienable right to be reprefented, who fhall determine the number of their delegates? Let us however suppose them to fend twenty-three, half as many as the kingdom of Scotland, what will this reprefentation avail them? To pay taxes will fill be a grievance. The love of money will not be leffened, nor the power of getting it increased. Whither will this neceflity of reprefentation drive us? Is every petty settlement to be out of the reach of government, till it has fent a fenator to parliament or may two or a greater number be forced to unite in a fingle deputation? What at laft is the difference, between him that is taxed by compulsion without representation, and him that is represented by compulfion in order to be taxed? For many reigns the houfe of commons was in a fate of fluctuation: new burgeffes were added from time to time, without any reason now to be discovered; but the number has been fixed more than a century and a half, and the King's power of increafing it has been queftion ed. It hardly will be thought fit to new model the conftitution in favour of the planters, who, as they grow rich, may buy eftates in England, and without any innovation, effectually represent their native colonies. The friends of the Americans indeed, afk for them what they do not afk for themselves. This ineftimable right of representation they have never folicited. They mean not to exchange folid money for fuch airy honour. They fay, and fay willingly, that they cannot conveniently be reprefented; because their inference is, is, that they cannot be taxed. They are too remote to fhare the general government, and therefore claim the privilege of governing themselves. Of the principles contained in the refolutions of the congrefs, however wild, indefinite, and obfcure, fuch has been the influence upon American understanding, that from New England to South Carolina there is formed a general combination of all the Provinces against their mothercountry. The madness of independence has fpread from colony to colony, till order is loft and government defpifed, and all is filled with mifrule, uproar, violence, and confufion. To be quiet is difaffection, to be loyal is treason. The congrefs of Philadelphia, in an affembly convened by its own authority, and as a feditious conventicle punishable by law, has promulgated a declaration, in compliance with which the communication between Britain and the greatelt part of North America is now fufpended. They ceafed to admit the importation of English goods in December 1774, and determine to permit the exportation of their own no longer than to November 1775. This might feem enough, but they have done more. They have declared, that they shall treat all as enemies who do not concur with them in difaffection and perverseness, and that they will trade with none that shall trade with Britain. They threaten to ftigmatize in their Gazette those who fhall confume the products or merchandife of their mothercountry, and are now fearching fufpected houfes for prohibited goods. Thefe hoftile declarations they profess themselves ready to maintain by force. They have armed the militia of their provinces, and feized the public fiores of ammunition. They are therefore no longet fubjects, fince they refufe the laws of their Sovereign, and in defence of that refufal are making open preparations for war. Being now in their own opinion free Rates, they are not only railing armies, but forming alliances, not only haftening to rebel themfelves, but feducing their neighbours to rebellion. They have publifhed an addrefs to the inhabitants of Quebec, in which difcontent and refif tance are openly incited, and with very refpectful mention of the fagacity of Frenchmen, invite them to fend deputies to the congrefs of Philadelphia, to that feat of virtue and veracity, whence the peopleof England are told, that to eftab lish popery, a religión fraught with fan guinary and impious tenets, even in Quebec, a country of which the inhabitants are papitts, is fo contrary to the conftitution, that it cannot lawfully be done by the legislature itself; where it is made one of the articles of their association, to deprive the conquered French of their religious eftablifiment; and whence the French of Quebec are at the fame time flattered into fedition, by profeffions of expecting from the liberality of sentiment, diftinguishing their nation, that difference of religion will not prejudice them against a hearty amity, because the transcendent nature of freedom elevates all who unite in the cause above such low-minded infirmities. Quebec, however, is at a great diftance. They have aimed a firoke from which they may hope for greater and more speedy mifchief. They have tried to infect the people of England with the contagion of difloyalty. Their credit is happily not fuch as gives them influence proportionate to their malice. When they talk of their pretended immunities guarantied by the plighted faith of Government, and the most folemn compacts with English Sovereigns, we think ourselves at liberty to enquire when the faith was plighted and the compact made; and when we can only find that King James and King Charles the first promised the fettlers of Maffachufet's- Bay, now famous by the appellation of Boltonians, exemption from taxes for feven years, we infer with Mr. Mauduit, that by this folemn compact, they were, after the expiration of the ftipulated term, liable to taxation. When they apply to our compaffion, by telling us, that they are to be car ried from their own country to be tried for certain offences, we are not fo ready to pity them, as to advise them, not to offend. While they are innocent they are fate. :. When they tell of laws made exprefsly for their punishment, we answer, that tumults and fedition were always punishable, and that the new law prescribes on Iy the mode of execution. When it is faid that the whole town of Bofton is diftreffed for a misdemeanour of a few, we wonder at their shameleffnefs; for we know that the town of Bofton, and all the affociated provinces, are now in rebellion to defend or justify the criminals. If frauds in the impofts of Boston are tried by commiffion without a jury, they are: tried here in the fame mode; and why fhould the Boltonians expect from 228 Taxation no Tytanny. us more tenderness for them than for our If they are condemned unheard, it is If their affemblies have been fuddenly diffolved, what was the reafon? Their deliberations were indecent, and their intentions feditious. The power of diffolution is granted and referved for fuch times of turbulence. Their best friends have been lately foliciting the King to diffolve his parliament, to do what they fo loudly complain of fuffering That the fame vengeance involves the innocent and guilty is an evil to be lamented, but human caution cannot prevent it, nor human power always redrefs it. To bring mifery on those who have not deferved it, is part of the aggregated guilt of rebellion. That governors have been fometimes given them only that a great man might get eafe from importunity, and that they have had judges not always of the deep eft learning, or the purelt integrity, we have no great reason to doubt, because fuch misfortunes happen to ourselves. Whoever is governed will fometimes be governed ill, even when he is molt concerned in his own government. That improper officers or magiftrates are fent, is the crime or folly of those that sent them. When incapacity is difcovered, it ought to be removed; if corruption is detected, it ought to be punished. No government could fubfift for a day, if ingle errors could justify defection. One of their complaints is not fuch as can claim much commiferation from the fofteft bofom. They tell us, that we have changed our conduct, and that a tax is now laid by parliament on thofe who were never taxed by parliament before. To this we think it may be eafily answered, that the longer they have been spared, the better they can pay. It is certainly not much their interest to reprefent innovation as criminal or invidious; for they have introduced into the history of mankind a new mode of difaffection, and have given, I believe, the first example of profcription publifh ed by a colony against the mother-coun try. To what is urged of new powers granted to the courts of admiralty, or the extenfion of authority conferred on the judges, it may be answered in few April words, that they have themselves made established for the prevention of greafuch regulations neceffary; that they are ter evils; at the fame time, it must be obferved that these powers have not been extended fince the rebellion in America, One mode of perfuafion their ingenuibe lefs easy to refift. That we may not ty has fuggefted, which it may perhaps look with indifference on the American conteft, or imagine that the struggle is for a claim, which, however decided, is of fmall importance and remote confequence, the Philadelphian congrefs has taken care to inform us, that they are refifling the demands of parliament, as well for our fakes as their own. abled them to purfue confequences to a Their keenness of perfpicacity has engreat diftance; to see through clouds impervious to the dimnefs of European fight; and to find, I know not how, that when they are taxed, we shall be enflaved. have been often told, and doubtless maThat flavery is a miferable state we ny a Briton will tremble to find it fo near as in America; but how it will be brought hither, the congress mult inform understanding; but the ftatesmen of the us. The queftion might diftrefs a common other hemifphere can easily refolve it. Our minifters, they fay, are our enemies, and if they should carry the point enflave us. of taxation, may with the fame army pay them; but remember, fay the wefIt may be faid, we will not tern fages, the taxes from America, and we may add the men, and particularly the Roman Catholics of this vaft continent will then be in the power of your enemies. Nor making faves of us, many of us will refuse have you any reason to expeƐ, that after to afff in reducing you to the fame abjec fate. pecting that they have not much the the terror that shakes my frame, I can- what |
