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  • Virginia Resolves on the Stamp Act

    Virginia Resolves as adopted by the House of Burgesses on May 29, 1765 was as follows: Whereas the hon. House of Commons, in England, have of late drawn into question, how far the general assembly of this colony hath power to enact laws for laying Resolved, that the first adventurers and settlers of His Majesty's colony and dominion of Virginia brought with them and transmitted to their posterity, and all other His Majesty's subjects since inhabiting in this His Majesty's said colony, all the liberties, privileges, franchises, and immunities that have at any time been held, enjoyed, and possessed by the people of Great Britain. Resolved, that by two royal charters, granted by King James I, the colonists aforesaid are declared entitled to all liberties, privileges, and immunities of denizens and natural subjects to all intents and purposes as if they had been abiding and born within the Realm of England. Resolved, that the taxation of the people by themselves, or by persons chosen by themselves to represent them, who can only know what taxes the people are able to bear, or the easiest method of raising them, and must themselves be affected by every tax laid on the people, is the only security against a burdensome taxation, and the distinguishing characteristic of British freedom, without which the ancient constitution cannot exist. Resolved, that His Majesty's liege people of this his most ancient and loyal colony have without interruption enjoyed the inestimable right of being governed by such laws, respecting their internal policy and taxation, as are derived from their own consent, with the approbation of their sovereign, or his substitute; and that the same has never been forfeited or yielded up, but has been constantly recognized by the kings and people of Great Britain. Resolved, therefore that the General Assembly of this Colony have the only and exclusive Right and Power to lay Taxes and Impositions upon the inhabitants of this Colony and that every Attempt to vest such Power in any person or persons whatsoever other than the General Assembly aforesaid has a manifest Tendency to destroy British as well as American Freedom. Note: This last resolve, adopted with the others on May 29, 1765, was struck the next day in a separate vote by the assembly as the Governor disbanded the assembly. Source: https://www.masshist.org/dorr/volume/1/sequence/126 The image below is from The Boston Evening-Post, July 1, 1765

  • Give Me Liberty or Give Me Death

    Patrick Henry, March 23, 1775. No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the House. But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentlemen if, entertaining as I do opinions of a character very opposite to theirs, I shall speak forth my sentiments freely and without reserve. This is no time for ceremony. The question before the House is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings. Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the number of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it. I have but one lamp by which my feet are guided, and that is the lamp of experience. I know of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years to justify those hopes with which gentlemen have been pleased to solace themselves and the House. Is it that insidious smile with which our petition has been lately received? Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with those warlike preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation; the last arguments to which kings resort. I ask gentlemen, sir, what means this martial array, if its purpose be not to force us to submission? Can gentlemen assign any other possible motive for it? Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies? No, sir, she has none. They are meant for us: they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British ministry have been so long forging. And what have we to oppose to them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne! In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free — if we mean to preserve inviolate those inestimable privileges for which we have been so long contending — if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained — we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of hosts is all that is left us! They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable — and let it come! I repeat it, sir, let it come. It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace — but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death! Source: https://www.ushistory.org/documents/libertydeath.htm

  • Boston Non-Importation Agreement

    Boston Non-Importation Agreement, August 1, 1768 The merchants and traders in the town of Boston, having taken into consideration the deplorable situation of the trade and the many difficulties it at present labours under on account of the scarcity of money, which is daily decreasing for want of the other remittances to discharge our debts in Great Britain, and the large sums collected by the officers of the customs for duties on goods imported; the heavy taxes levied to discharge the debts contracted by the government in the late war; the embarrassments and restrictions laid on the trade by the several late Acts of Parliament; together with the bad success of our cod fishery this season, and the discouraging prospect of the whale fishery, by which our principal sources of remittances are like to be greatly diminished, and we thereby rendered unable to pay the debts we owe the merchants in Great Britain, and to continue the importation of goods from thence: We, the subscribers, in order to relieve the trade under those discouragements, to promote industry, frugality, and economy, and to discourage luxury and every kind of extravagance, do promise and engage to and with each other as follows: That we will not send or import from Great Britain this fall, either on our own account, or on commission, any other goods than what are already ordered for the fall supply. That we will not send for or import any kind of goods or merchandise from Great Britain, either on our own account, or on commissions, or any otherwise, from January 1, 1769, to January 1, 1770, except salt, coals, fish-hooks and lines, hemp, duck, bar lead and shot, wool-cards, and card-wire. That we will not purchase of any factors, or others, any kind of goods imported from Great Britain from January 1, 1769, to January 1, 1770. That we will not import on our own account, or on commission, or Purchase from any Who shall import from any other colony in America, from January 1, 1769, to January 1, 1770, any tea, glass, paper, or other goods commonly imported from Great Britain. That we will not, from and after January 1, 1769, import into the province any tea, paper, glass, or painters' colours, until the Acts imposing duties on these articles have been repealed. Source: Colonial Society of Massachusetts Publications

  • New York Petition to the House of Commons Regarding the 1763-4 Acts

    October 18, 1764 Assembly Chamber, New York City William Nicole, Speaker To the Honourable the Knights, Citizens and Burgesses, representing the Commons of Great-Britain, in Parliament assembled. The Representation and Petition of the General-Assembly of the Colony of New York. Most humbly Shew, THAT from the year 1683, to this Day, there have been three Legislative Branches in this Colony; consisting of the Governor and Council appointed by the Crown, and the Representatives chosen by the people, who, besides the Power of making Laws for the Colony, have enjoyed the Right of Taxing the Subject for the Support of the Government. Under this Political Frame, the Colony was settled by Protestant Emigrants from several Parts of Europe, and more especially from Great-Britain and Ireland: And as it was originally modeled with the Intervention of the Crown, and not excepted to by the Realm of England before, nor by Great-Britain, since the Union, the Planters, and Settlers conceived, which, so far at least as the Rights and Privileges of the People were concerned, would remain permanent, and be transmitted tot their latest Posterity. It is therefore with equal Concern and Surprise, that they have received Intimations of certain Designs lately formed, if possible, to induce the Parliament of Great-Britain, to impose Taxes upon the Subjects here, by Laws to be passed there; and as we who have the Honour to represent them, conceive that this Innovation, will greatly affect the Interest of the Crown and the Nation, and reduce the Colony to absolute Ruin; it became our indispensible Duty, to trouble you with a seasonable Representation of the Claim of our Constituents, to an Exemption from the Burthen of all Taxes not granted by themselves, and their Foresight of the tragical Consequences of an Adoption of the contrary Principle, to the Crown, the Mother Country, themselves and their Posterity. Had the Freedom from all Taxes not granted by ourselves been enjoyed as a Privilege, we are confident the Wisdom and Justice of the British Parliament, would rather establish than destroy it, unless by our abuse of it, the Forfeiture was justly incurred; but his Majesty’s Colony of New-York, can not only defy the whole World to impeach their Fidelity, but appeal to all the Records of their past Transactions, as well for the fullest Proof of their steady Affection to the Mother Country, as for their strenuous Efforts to support the Government, and advance the general Interest of the whole British Empire. It has been their particular Misfortune, to be always most exposed to the Incursions of the Canadians, and the more barbarous Irruptions of the Savages of the Desert, as may appear by all the Maps of this Country; and in many Wars we have suffered an immense Loss both of Blood and Treasure, to repel the Foe, and maintain a valuable Dependency upon the British Crown. On no Occasion can we be justly reproached for with-holding a necessary Supply, our Taxes have been equal to our Abilities, and confessed to be so by the Crown; for Proof of which we refer to the Speeches of our Governors in all Times of War; and though we remember with great Gratitude, that in those grand and united Struggles, which were lately directed for the Conquest of Canada, Part of our Expenses was reimbursed, yet we cannot suppress the Remark, that our Contribution surpassed our Strength, even in the Opinion of the Parliament, who under that Conviction, thought it but just to take off Part of the Burthen, to which we had loyally and voluntarily submitted; in a Word, if there is any Merit in facilitating on all Occasions, the publick Measures in the remote Extremes of the national Dominion, and in preserving untainted Loyalty and cheerful Obedience, it is ours; and (with Submission) unabused, nay more, well improved Privileges cannot, ought not, to be taken away from any People. But an Exemption from the Burthen of ungranted, involuntary Taxes, must be the grand Principle of every free State.-Without such a Right vested in themselves, exclusive of all others, there can be no Liberty, no Happiness, no Security; it is inseparable from the very Idea of Property, for who can call that his own, which may be taken away at the Pleasure of another? And so evidently does this appear to be the natural Right of Mankind, that even conquered tributary States, though subject to the Payment of a fixed periodical Tribute, never were reduced to so abject and forlorn a Condition, as to yield to all the Burthens which their Conquerors might at any future Time think fit to impose. The Tribute paid, the Debt was discharged; and the Remainder they could call their own. And if conquered Vassals upon the Principle even of natural justice, may claim a Freedom from Assessments unbounded and unassented to, without which they would sustain the Loss of every Thing, and Life itself become intolerable, with how much Propriety and Boldness may we proceed to inform the Commons of Great-Britain, who, to their distinguished Honour, have in all Ages asserted the Liberties of Mankind, that the People of this Colony inspired by the Genius of their Mother Country, nobly disdain the thought of claiming that Exemption as a Privilege.-They found it on a Basis more honourable, solid and stable; they challenge it, and glory in it as their Right. That Right their Ancestors enjoyed in Great-Britain and Ireland; their Descendents returning to those Kingdoms, enjoy it again: And that it may be exercised by his Majesty’s Subjects at Home, and justly denied to those who submitted to Poverty, Barbarian Wars, Loss of Blood, Loss of Money, personal Fatigues, and ten Thousand unutterable Hardships, to enlarge the Trade, Wealth, and Dominion of the Nation; or, to speak with the most unexceptionable Modesty, that when as Subjects, all have equal Merit; a Fatal, nay the most odius Discrimination should nevertheless be made between them, so Sophistry can recommend to the Sober, impartial Decision of common Sense. Our Constituents exult in that glorious Model of Government, of which your Hon. House is so essential a Part; and earnestly pray the Almighty Governor of all, long to support the due Distribution of the Power of the Nation in the three great Legislative Branches. But the Advocates for divesting us of the Right to tax ourselves, would by the Success of their Machination; render the Devolution of all civil Power upon the Crown alone, a Government more favourable, and therefore more eligible to these American Dependencies. The supreme Ruler in a Monarchy, even in a despotic Monarchy, will naturally consider his Relation to be, what it is, equal to all his good Subjects: An equal Dispension of Favours will be the natural Consequence of those views; and the Increase of mutual Affection must be productive of an Increase of the Felicity of all. But no History can furnish an Instance of a Constitution to permit one Part of a Dominion to be taxed by another, and that too in Effect, but by a Branch of that other Part; who in all Bills for public Aids, suffer not the least Alteration.-And if such an absurd and unequal Constitution should be adopted, who, that considers the natural Reluctance of Mankind to burthens, and their Inclination to cast them upon the Shoulders of others, cannot foresee, that while the People on one Side of the Atlantic, enjoy an Exemption from the Load, those on the other, must submit to the most unsupportable Oppression and Tyranny. Against these Evils, the Indulgence of the present Parliament, of which we have had such large Experience, cannot provide, if the grand Right to tax ourselves is invaded. Depressed by the Prospect of an endless Train of the most distressing Mischiefs, naturally attendant upon such an Innovation, his Majesty’s American Subjects, will think it no inconsiderable Augmentation of their Misery, that the Measure itself implies the most severe and unmerited Censure, and is urged, as far they are acquainted, by no good Reasons of State. They are unconscious of any Conduct, that brings the least Imputation upon their Love and Loyalty, and whoever has accused them, has abused both the Colonies and their Mother Country; more faithful Subjects his Majesty has not, in any Part of his Dominions, nor Britain more submissive and affectionate Sons. And if our Contributions to the Support of the Government upon this Continent, or for the Maintenance of an army, to awe and subdue the Savages should be thought necessary, why shall it be presumed, without a Trial, that we more than others, will refuse to hearken to a just Requisition from the Crown? To Requisitions for Aids salutary to our own Interests? Or why should a more incorrigible and unreasonable Spirit be imputed to us, than to the Parliament of Ireland, or any other of his Majesty’s Subjects? Left to the Enjoyment of our antient Rights, the Government will be truly informed when a Tax is necessary, and of the Abilities of the People; and there will be an equitable Partition of the Burthen. And as the publick Charges will necessary increase with the Increase of the Country, and the Augmention or Reduction of the Force kept up, be regulated by the Power and Temper of our barbarian Enemy, the Necessity for continuing the present Model must appear to be most strongly inforced.-At the remote Distance of the British Commons from the sequestered Shades of the interior Parts of this Desert, false Intelligence of the State of the Indians may be detect all false Alarms, and check all fraudulent Accounts, but urge them by the never failing Motive of Self-Preservation, to oppose any hostile Attempts upon their Borders. Nor will the Candor of the Commons of Great Britain, contrueour Earnestness to maintain this Plea, to arise from a Desire of Independency upon the supreme Power of the Parliament. Of so extravagant a Disregard to our own Interests we cannot be guilty.-From what other Quarter can we hope for Protection? We reject the Thought with the utmost Abhorrence; and a perfect Knowledge of this Country will afford the fullest Proof, that nothing in our Temper can give the least Ground for such a Jealousy. The peaceable and invariable Submission of the Colonies, for a Century past, forbids the Imputation, or proves it a Calumny.- What can be more apparent, than that the State which exercises a Sovereignty in Commerce can draw all the Wealth of its Colonies into its own Stock? And has not the whole Trade of North-America, that growing Magazine of Wealth, been from the Beginning, directed, restrained, and prohibited at the sole Pleasure of the Parliament? And whatever some may pretend, his Majesty’s American Subjects are far from a Desire to invade the just Rights of Great-Britain, in all commercial Regulations. They humbly conceive, that a very manifest Distinction presents itself, which while it leaves to the Mother Country an incontestable Power, to give Laws for the Advancement of her own Commerce will, at the same Time, do no Violence to the Rights of the Plantations. The Authority of the Parliament of Great-Britain, to model the Trade of the whole Empire, so as to subserve the Interest of her own, we are ready to recognize in the most extensive and positive Terms. Such a Preference is naturally founded upon her Superiority, and indissolubly connected with the Principle of Self-Preservation.-And therefore, to assign one Instance, instead of many, the Colonies cannot, would not ask for a Licence to import woolen Manufactures from France; or to go into the most lucrative Branches of Commerce, in the least Degree incompatible with Trade and Interest of Great-Britain. But a Freedom to drive all Kinds of Traffick in a Subordination to, and not inconsistent with, the British Trade; and an Exemption from all Duties in such a Course of Commerce, is humbly claimed by the Colonies, as the most essential of all the Rights to which they are intitled, as Colonists from, and connected, in the common Bond of Liberty, with the uninslaved Sons of Great-Britain. For, with Submission, since all Impositions, whether they be internal Taxes, or Duties paid, for what we consume, equally diminish the Estates upon which they are charged; what avails it to any People, by which of them they are impoverished? Every Thing will be given up to preserve Life; and though there is a Diversity in the Means, yet, the whole Wealth of a Country may be effectually drawn off, by the Exaction of Duties, as by any other Tax upon their Estates. And therefore, the General Assembly of New-York, in Fidelity to their Constituents, cannot but express the most earnest Supplication, that the Parliament will charge our Commerce with no other Duties, than a necessary Regard to the Particular Trade of Great-Britain, evidently demands; but leave it to the legislative Power of the Colony, to impose all other Burthens upon it’s own People, which the publick Exigences may require. Latterly, the Laws of Trade seem to have been framed without an Attention to this fundamental Claim. Permit us, also, in Defence of our Attachment to the Mother Country, to add, what your Merchants (to whom we boldly make the Appeal) know to be an undoubted Truth; that this Continent contains some of the most useful of her Subjects.-Such is the Nature of our Produce, that all we acquire is less than sufficient to purchase what we want of your Manufactures; and, be the Policy of your Commerce what it will, all our Riches must flow into Great-Britain.-Immense have been our Contributions to the National Stock.-Our Staple, Industry, Trade and Wealth, all conduce to the particular Advantage of our fellow Subjects there.-The natural State of this Country, necessarily forms the Balance of Trade in her Favour.-Her growing Opulence must elevate her above all Fear and Jealousy or these Dependences. How much stronger then the Reasons for leaving us free from ungranted Impositions? Whoever will give full Scope to his Meditations on this Topic, will see it the Interest of Great-Britain, to adopt the Maxim, that her own Happiness is the most imtimately connected with the Freedom, Ease and Prosperity of her Colonies: The more extensive our Traffick, the Greater her Gains; we carry all to her Hive, and consume our Returns; and we are content with any constitutional Regulation that inriches her, though it impoverishes ourselves. But a fuller Display of these Principles, being prepared by our Merchants, to be laid before the honourable House, at the last Sitting, we shall only beg Leave to add, that any Information, repugnant to this Account of the low State of our Traffick, must proceed from partial, or incompetent Witnesses; who may have formed their Estimate of Spanish West-Indies, were laid open to our Trade, and those immense Profits acquired there, for the Manufactures of Great-Britain and Ireland, flowed into the Colonies, and Luxury advanced upon us slower than our Gains.-But Trade being now confined to it’s old Channels, and indeed still more restricted, and the late acquired Cash, remitted home for necessary Cloathing, other very indifferent Appearances begin to take place, and the British Merchants are, or will soon be convinced to their Sorrow, that our Splendor was not supported by solid Riches. The honourable House will permit us to observe next, that the Act of the last Session of Parliament, inhibiting all Intercourse between the Continent and the foreign Sugar Colonies, will prove equally detrimental to us and Great-Britain.-That Trade, gave a value to a vast, but now alas unsaleable Staple, which being there converted into Cash and Merchandize, made necessary Remittances for the British Manufactures we consumed:-The same Law contains a Clause unfriendly to the Linen Manufactory in Ireland, for the Restraint upon the Exportation of Lumber to that Kingdom, prevents even our dunnaging the Flax-Seed Casks sent there with Staves.-And when we consider the Wisdom of our Ancestors in contriving Trials by Juries, we cannot stifle our Regret, that the Laws of Trade in general, change the Current of Justice from the common Law, and subject Controversies of the utmost Importance to the Decisions of the Vice-Admiralty Courts, who proceed not according the old wholesome Laws of the Land, nor are always filled with Judges of approved Knowledge and Integrity.-To this Objection, the aforementioned Statute will at first View appear to be so evidently open, that we shall content ourselves with barely suggesting, that the amazing Confidence it reposes in the Judges, gives great Grief to his Majesty’s American Subjects; and pass on to a few Remarks on that other Law of the same Session, which renders our Paper Money no legal Tender. The Use of this Sort of Currency in procuring a speedy Supply on Emergencies, all the Colonies have often experienced.-We have had Recourse to this Expedient in every War, since the Reign of King William the Third; and without it we could not have co-operated so vigorously in the Reduction of Canada, that grand stroke which secured to Great-Britain, the immense Dominion of the Continent of North-America. We had no other Alternative but that, or the taking up Money upon Loan, Lenders could not have been easily found, and if they were, the Interest upon all the Sums raised in that Way, would have exceeded our Ability now to discharge. Happy for us, therefore, that we fell upon the Project of giving a Credit to Paper, which was always supported by seasonable Taxes on our Estates; the Currency of the Bills being prolonged only till we were able to burn up the Quantity from Time to Time emitted.-Our Laws, or the Copies transmitted to the Plantation Office, will evidence that of the numerous Emissions we have made since the first, which was on the 8th of June, 1709, all were for the urgent Service of the Crown.-One Instance is so recent, and shows the Necessity of the Continuation of such a Power in the Colonies, in so striking a Point of Light, that it deserves more particular Notice. The Operations of the Year 1759, were nearly at a Stand for want of Money. The military Chest being exhausted, the General was alarmed, and seeing no other Method to ward of the impending Disaster, was obliged to ask the Colony for a loan of One Hundred and Fifty Thousand Pounds: We immediately gratified his Request.-Such was our Concern for the publick Weal! We wish his Majesty’s Service may suffer no Impediment, by this new Restraint in an Article which has been of so much Utility.-The Traffick of the Colony certainly will, for want of a competent Medium; and on that Account, and in behalf of those miserable Debtors, whose Estates, through the Scarcity of legal Value, to the Ruin of many Families, permit us to implore your tender Commiseration. The General Assembly of this Colony have no desire to derogate from the Power of the Parliament of Great-Britain; but they cannot avoid deprecating the Loss of such Rights as they have hitherto enjoyed, Rights established in the first Dawn of our Constitution, founded upon the most substantial Reasons, confirmed by invariable Usage, conducive to the best Ends; never abused to bad Purposes, and with the Loss, of which Liberty, Property, and all the Benefits of Life, tumble into Insecurity and Ruin: Rights, the Deprivation of which, will dispirit the People, abate their Industry, discourage Trade, introduce Discord, Poverty and Slavery; or, by depopulating the Colonies, turn a vast, fertile, prosperous Region, into a dreary Widlerness; impoverish Great-Britain, and shake the Power and Independency of the most opulent and flourishing Empire in the World. All which your Petitioners (who repose the highest Confidence in your Wisdom and Justice) humbly pray, may be now taken into your seasonable Consideration, and such Measures pursued, as the Event may prove to have been concerted for the Common-Weal, of all the Subjects of Great-Britain, both at home and abroad. Source: https://www.revolutionary-war-and-beyond.com/new-york-petition-house-of-commons-october-18-1764.html

  • The Rights of Colonies Examined

    Stephen Hopkins Mid the low murmurs of submissive fear And mingled rage, my Hambden rais'd his voice, And to the laws appeal'd;— THOMPSON'S Liberty. LIBERTY is the greatest blessing that men enjoy, and slavery the heaviest curse that human nature is capable of.—This being so, makes it a matter of the utmost importance to men, which of the two shall be their portion. Absolute Liberty is, perhaps, incompatible with any kind of government.—The safety resulting from society, and the advantage of just and equal laws, hath caused men to forego some part of their natural liberty, and submit to government. This appears to be the most rational account of it's beginning; although, it must be confessed, mankind have by no means been agreed about it: Some have found it's origin in the divine appointment: Others have thought it took it's rise from power: Enthusiasts have dreamed that dominion was founded in grace. Leaving these points to be settled by the descendants of Filmer, Cromwell, and Venner, we will consider the British constitution, as it at present stands, on revolution principles; and from thence endeavour to find the measure of the magistrate's power, and the people's obedience. THIS glorious constitution, the best that ever existed among men, will be confessed by all, to be founded by compact, and established by consent of the people. By this most beneficent compact, British subjects are to be governed only agreeable to laws to which themselves have some way consented, and are not to be compelled to part with their property, but as it is called for by the authority of such laws: The former is truly liberty; the latter is really to be possessed of property, and to have something that may be called one's own. ON the contrary, those who are governed at the will of another, or of others, and whose property may be taken from them by taxes, or otherwise, without their own consent, and against their will, are in the miserable condition of slaves: For liberty solely consists in an independancy upon the will of another; and by the name of slave, we understand a man who can neither dispose of his person or goods, but enjoys all at the will of his master; says Sidney on government. These things premised; whether the British American colonies on the continent, are justly intituled to like privileges and freedom as their fellow-subjects in Great-Britain are, shall be the chief point examined. In discussing this question, we shall make the colonies in New-England, with whose rights we are best acquainted, the rule of our reasoning; not in the least doubting but all the others are justly intituled to like rights with them. NEW-ENGLAND was first planted by adventurers, who left England, their native country, by permission of King CHARLES the first; and, at their own expence, transported themselves to America, with great risque and difficulty settled among savages, and in a very surprising manner, formed new colonies in the wilderness. Before their departure, the terms of their freedom, and the relation they should stand in to the mother country, in their emigrant state, were fully settled; they were to remain subject to the King, and dependant on the kingdom of Great-Britain. In return, they were to receive protection, and enjoy all the rights and privileges of free-born Englishmen. THIS is abundantly proved by the charter given to the Massachusetts colony, while they were still in England, and which they received and brought over with them, as the authentic evidence of the conditions they removed upon. The colonies of Connecticut and Rhode-Island also, afterwards obtained charters from the crown, granting them the like ample privileges. By all these charters, it is in the most express and solemn manner granted, that these adventurers, and their children after them forever, should have and enjoy all the freedom and liberty that the subjects in England enjoy: That they might make laws for their own government, suitable to their circumstances; not repugnant to, but as near as might be, agreeable to the laws of England: That they might purchase lands, acquire goods, and use trade for their advantage, and have an absolute property in whatever they justly acquired. These with many other gracious privileges, were granted them by several kings; and they were to pay as an acknowledgement to the crown, only one fifth part of the ore of gold and silver, that should at any time be found in the said colonies, in lieu of, and full satisfaction for, all dues and demands of the crown and kingdom of England upon them. THERE is not any thing new or extraordinary in these rights granted to the British colonies:—The colonies from all countries, at all times, have enjoyed equal freedom with the mother state. Indeed, there would be found very few people in the world, willing to leave their native country, and go through the fatigue and hardship of planting in a new uncultivated one, for the sake of losing their freedom. They who settle new countries must be poor; and, in course, ought to be free. Advantages, pecuniary or agreeable, are not on the side of emigrants and surely they must have something in their stead. To illustrate this, permit us to examine what hath generally been the condition of colonies with respect to their freedom; we will begin with those who went out from the ancient common-wealths of Greece, which are the first, perhaps, we have any good account of. Thucidides, that grave and judicious historian, says of one of them, they were not sent out to be slaves, but to be the equals of those who remain behind; and again, the Corinthiens gave public notice, that a new colony was going to Epidamnus, into which all that would enter, should have equal and like privileges with those who staid at home. This was uniformly the condition of all the Grecian colonies; they went out and settled new countries; they took such forms of government as themselves chose, though it generally nearly resembled that of the mother state, whether democratical or oligarchical. 'Tis true, they were fond to acknowledge their original, and always confessed themselves under obligation to pay a kind of honorary respect to, and shew a filial dependance on, the common-wealth from whence they sprung. Thucidides again tells us, that the Corinthians complained of the Coreyreans, from whom, though a colony of their own, they had received some contemptuous treatment: for they neither payed them the usual honor on their public solemnities, nor began with a Corinthian in the distribution of the sacrifices, which is always done by other colonies. From hence it is plain what kind of dependance the Greek colonies were under, and what sort of acknowledgment they owed to the mother state. IF we pass from the Grecian to the Roman colonies, we shall find them not less free: But this difference may be observed between them, that the Roman colonies did not, like the Grecian, become separate states, governed by different laws, but always remained a part of the mother state; and all that were free of the colonies, were also free of Rome, and had right to an equal suffrage in making all laws, and appointing all officers for the government of the whole common-wealth. For the truth of this, we have the testimony of St. Paul, who though born at Tarsus, yet assures us he was born free of Rome. And Grotius gives us the opinion of a Roman king, concerning the freedom of colonies: King Tullius says. for our part, we look upon it to be neither truth nor justice, that mother cities ought of necessity and by the law of nature, to rule over their colonies. WHEN we come down to the latter ages of the world, and consider the colonies planted in the three last centuries, in America, from several kingdoms in Europe, we shall find them, says Pussendorf, very different from the ancient colonies, and gives us an instance in those of the Spaniards. Although it be confessed these fall greatly short of enjoying equal freedom with the ancient Greek and Roman ones; yet it will be said truly, they enjoy equal freedom with their countrymen in Spain: but as they are all under the government of an absolute monarch, they have no reason to complain that one enjoys the liberty the other is deprived of. The French colonies will be found nearly in the same condition, and for the same reason, because their fellow-subjects in France have also lost their liberty. And the question here is not whether all colonies, as compared one with another, enjoy equal liberty, but whether all enjoy as much freedom as the inhabitants of the mother state; and this will hardly be denied in the case of the Spanish, French, or other modern foreign colonies. By this it fully appears, that colonies in general, both ancient and modern have always enjoyed as much freedom as the mother state from which they went out: And will any one suppose the British colonies in America, are an exception to this general rule? Colonies that came out from a kingdom renowned for liberty; from a constitution founded on compact; from a people, of all the sons of men, the most tenacious of freedom; who left the delights of their native country, parted from their homes, and all their conveniencies, searched out and subdued a foreign country with the most amazing travail and fortitude, to the infinite advantage and emolument of the mother state; that removed on a firm reliance of a solemn compact, and royal promise and grant, that they, and their successors forever, should be free; should be partakers and sharers in all the privileges and advantages of the then English, now British constitution. IF it were possible a doubt could yet remain, in the most unbelieving mind, that these British colonies are not every way justly and fully intituled to equal liberty and freedom with their fellow-subjects in Europe, we might shew, that the parliament of Great-Britain, have always understood their rights in the same light. BY an act passed in the thirteenth year of the reign of his late majesty King GEORGE the second, intituled an act for naturalizing foreign protestants, &c. and by another act, passed in the twentieth year of the same reign, for nearly the same purposes, by both which it is enacted and ordained, that all foreign protestants, who had inhabited, and resided for the space of seven years, or more, in any of his majesty's colonies in America, might, on the conditions therein-mentioned, be naturalized, and thereupon should be deemed, adjudged and taken to be his majesty's natural born subjects of the kingdom of Great-Britain, to all intents, constructions, and purposes, as if they, and every one of them, had been, or were born within the same. No reasonable man will here suppose the parliament intended by these acts to put foreigners, who had been in the colonies only seven years, in a better condition than those who had been born in them, or had removed from Britain thither, but only to put these foreigners on an equality with them; and to do this, they are obliged to give them all the rights of natural born subjects of Great-Britain. FROM what hath been shewn, it will appear beyond a doubt, that the British subjects in America, have equal rights with those in Britain; that they do not hold those rights as a privilege granted them, nor enjoy them as a grace and favor bestowed; but possess them as an inherent indefeasible right; as they, and their ancestors, were free-born subjects, justly and naturally intituled to all the rights and advantages of the British constitution. AND the British legislative and executive powers have considered the colonies as possessed of these rights, and have always heretofore, in the most tender and parental manner, treated them as their dependant, though free, condition required. The protection promised on the part of the crown, with chearfulness and great gratitude we acknowlege, hath at all times been given to the colonies. The dependance of the colonies to Great-Britain hath been fully testified by a constant and ready obedience to all the commands of his present Majesty, and his royal predecessors; both men and money having been raised in them at all times when called for, with as much alacrity and in as large proportions as hath been done in Great-Britain, the ability of each considered. It must also be confessed with thankfulness, that the first adventurers and their successors, for one hundred and thirty years, have fully enjoyed all the freedoms and immunities promised on their first removal from England.—But here the scene seems to be unhappily changing:—The British ministry, whether induced by a jealousy of the colonies, by false informations, or by some alteration in the system of political government, we have no information; whatever hath been the motive, this we are sure of, the parliament in their last session, passed an act, limitting, restricting, and burdening the trade of these colonies, much more than had ever been done before; as also for greatly enlarging the power and jurisdiction of the courts of admiralty in the colonies; and also came to a resolution, that it might be necessary to establish stamp duties, and other internal taxes, to be collected within them. This act and this resolution have caused great uneasiness and consternation among the British subjects on the continent of America: how much reason there is for it, we will endeavour, in the most modest and plain manner we can, to lay before our readers. IN the first place, let it be considered, that although each of the colonies hath a legislature within itself, to take care of it's interests, and provide for it's peace and internal government, yet there are many things of a more general nature, quite out of the reach of these particular legislatures, which it is necessary should be regulated, ordered and governed. One of this kind is, the commerce of the whole British empire, taken collectively, and that of each kingdom and colony in it, as it makes a part of the whole: Indeed, every thing that concerns the proper interest and fit government of the whole common-wealth, of keeping the peace, and subordination of all the parts towards the whole, and one among another, must be considered in this light: Amongst these general concerns, perhaps, money and paper credit, those grand instruments of all commerce, will be found also to have a place. These, with all other matters of a general nature, it is absolutely necessary should have a general power to direct them; some supreme and over-ruling authority, with power to make laws, and form regulations for the good of all, and to compel their execution and observation. It being necessary some such general power should exist somewhere, every man of the least knowledge of the British constitution, will be naturally led to look for, and find it in the parliament of Great-Britain; that grand and august legislative body, must from the nature of their authority, and the necessity of the thing, be justly vested with this power, Hence, it becomes the indespensable duty of every good and loyal subject, chearfully to obey and patiently submit to all the acts, laws, orders and regulations that may be made and passed by parliament, for directing and governing all these general matters. HERE it may be urged by many, and indeed, with great appearance of reason, that the equity, justice, and beneficence of the British constitution, will require, that the separate kingdoms and distant colonies, who are to obey and be governed by these general laws and regulations, ought to be represented, some way or other, in parliament; at least whilst these general matters are under consideration. Whether the colonies will ever be admitted to have representatives in parliament,—whether it be consistent with their distant and dependant state,—and whether if it were admitted, it would be to their advantage,—are questions we will pass by; and observe, that these colonies ought in justice, and for the very evident good of the whole common-wealth, to have notice of every new measure about to be pursued, and new act that is about to be passed, by which their rights, liberties, or interests will be affected: They ought to have such notice, that they may appear and be heard by their agents, by council, or written representation, or by some other equitable and effectual way. THE colonies are at so great a distance from England, that the members of parliament can, generally, have but little knowledge of their business, connections and interest, but what is gained from people who have been there; the most of these, have so slight a knowledge themselves, that the informations they can give, are very little to be depended on, though they may pretend to determine with confidence, on matters far above their reach. All such kind of informations are too uncertain to be depended on, in the transacting business of so much consequence, and in which the interests of two millions of free people are so deeply concerned. There is no kind of inconveniency, or mischief, can arise from the colonies having such notice, and being heard in the manner above-mentioned: But, on the contrary, very great mischiefs have already happened to the colonies, and always must be expected, if they are not heard, before things of such importance are determined concerning them. HAD the colonies been fully heard, before the late act had been passed, no reasonable man can suppose it ever would have passed at all, in the manner it now stands; for what good reason can possibly be given for making a law to cramp the trade and ruin the interests of many of the colonies, and at the same time, lessen in a prodigious manner the consumption of the British manufactures in them? These are certainly the effects this act must produce; a duty of three pence per gallon on foreign melasses, is well known to every man in the least acquainted with it, to be much higher than that article can possibly bear; and therefore must operate as an absolute prohibition. This will put a total stop to our exportation of lumber, horses, flour, and fish, to the French and Dutch sugar colonies; and if any one supposes we may find a sufficient vent for these articles in the English islands in the West-Indies, he only verifies what was just now observed, that he wants truer information. Putting an end to the importation of foreign melasses, at the same time puts an end to all the costly distilleries in these colonies, and to the rum trade to the coast of Africa, and throws it into the hands of the French. With the loss of the foreign melasses trade, the codfishery of the English, in America, must also be lost, and thrown also into the hands of the French. That this is the real state of the whole business, is not fancy; this, nor any part of it, is not exaggeration, but a fober and most melancholy truth. VIEW this duty of three pence per gallon, on foreign melasses, not in the light of a prohibition, but supposing the trade to continue, and the duty to be paid. Heretofore there hath been imported into the colony of Rhode-Island only, about one million one hundred and fifty thousand gallons, annually; the duty on this quantity is fourteen thousand three hundred and seventy-five pounds, sterling, to be paid yearly by this little colony; a larger sum than was ever in it at any one time: This money is to be sent away, and never to return; yet the payment is to be repeated every year.—Can this possibly be done? Can a new colony, compelled by necessity to purchase all it's cloathing, furniture, and utensils from England, to support the expences of it's own internal government, obliged by it's duty to comply with every call from the crown to raise money on emergencies; after all this, can every man in it pay twenty-four shillings sterling a year, for the duties of a single article only? There is surely no man in his right mind believes this possible. The charging foreign melasses with this high duty, will not affect all the colonies equally, nor any other near so much as this of Rhode-Island, whose trade depended much more on foreign melasses, and on distilleries, than that of any others; this must shew that raising money for the general service of the crown, or of the colonies, by such a duty, will be extremely unequal, and therefore unjust. And now taking either alternative; by supposing on one hand, the foreign melasses trade is stopped, and with it the opportunity or ability of the colonies to get money, or on the other, that this trade is continued, and that the colonies get money by it, but all their money is taken from them by paying the duty; can Britain be gainer by either? Is it not the chiefest interest of Britain, to dispose of and to be paid for her own manufactures? And doth she not find the greatest and best market for them in her own colonies? Will she find an advantage in disabling the colonies to continue their trade with her? Or can she possibly grow rich by their being made poor? MINISTERS have great influence, and parliaments have great power;—can either of them change the nature of things, stop all our means of getting money, and yet expect us to purchase and pay for British manufactures? The genius of the people in these colonies, is as little turned to manufacturing goods for their own use, as is possible to suppose in any people whatsoever; yet necessity will compel them, either to go naked in this cold country, or to make themselves some sort of cloathing, if it be only of the skins of beasts. BY the same act of parliament, the exportation of all kinds of timber, or lumber, the most natural produce of these new colonies, is greatly incumbered and uselessly embarrassed, and the shipping it to any part of Europe, except Great-Britain, prohibited: This must greatly affect the linen manufactory in Ireland, as that kingdom used to receive great quantities of flax-seed from America, many cargoes, being made of that and of barrel staves, were sent thither every year; but, as the staves can no longer be exported thither, the ships carrying only flax-seed casks, without the staves, which used to be intermixed among them, must lose one half of their freight, which will prevent their continuing this trade, to the great injury of Ireland, and of the plantations: And what advantage is to accrue to Great-Britain by it, must be told by those who can perceive the utility of this measure. ENLARGING the power and jurisdiction of the courts of vice-admiralty in the colonies, is another part of the same act, greatly and justly complained of. Courts of admiralty have long been established in most of the colonies, whose authority were circumscribed within moderate territorial jurisdictions; and these courts have always done the business, necessary to be brought before such courts for trial, in the manner it ought to be done, and in a way only mode rately expensive to the subjects; and if seizures were made, or informations exhibited, without reason, or to law, the informer, or seizor, was left to the justice on the common law, there to pay for his folly, or suffer for his temerity. But now this course is quite altered, and a customhouse officer may make a seizure in Georgia, of goods ever so legally imported, and carry the trial to Halifax, at fifteen hundred miles distance; and thither the owner must follow him to defend his property; and when he comes there, quite beyond the circle of his friends, acquaintance, and correspondents, among total strangers, he must there give bond, and must find sureties to be bound with him in a large sum, before he shall be admitted to claim his own goods; when this is complied with, he hath a trial, and his goods acquitted. If the judge can be prevailed on, (which it is very well known may too easily be done) to certify, there was only probable cause for making the seizure, the unhappy owner shall not maintain any action against the illegal seizor, for damages, or obtain any other satisfaction; but he may return to Georgia quite ruined, and undone in conformity to an act of parliament. Such unbounded encouragement and protection given to informers, must call to every one's remembrance Tacitus's account of the miserable condition of the Romans, in the reign of Tiberius their emperor, who let loose and encouraged the informers of that age. Surely if the colonies had been fully heard, before this had been done, the liberties and properties of the Americans would not have been so much disregarded. THE resolution of the house of commons, come into during the same session of parliament, asserting their rights to establish stamp duties, and internal taxes, to be collected in the colonies without their own consent, hath much more, and for much more reason, alarmed the British subjects in America, than any thing that had ever been done before. These re solutions, carried into execution, the colonies cannot help but consider as a manifest violation of their just and long enjoyed rights. For it must be confessed by all men, that they who are taxed at pleasure by others, cannot possibly have any property, can have nothing to be called their own; they who have no property, can have no freedom, but are indeed reduced to the most abject slavery; are in a condition far worse than countries conquered and made tributary; for these have only a fixed sum to pay, which they are left to raise among themselves, in the way that they may think most equal and easy; and having paid the stipulated sum, the debt is discharged, and what is left is their own. This is much more tolerable than to be taxed at the meer will of others, without any bounds, without any stipulation and agreement, contrary to their consent, and against their will. If we are told that those who lay these taxes upon the colonies, are men of the highest character for their wisdom, justice, and integrity, and therefore cannot be supposed to deal hardly, unjustly, or unequally by any; admitting, and really believing that all this is true, it will make no alteration in the nature of the case; for one who is bound to obey the will of another, is as really a slave, though he may have a good master, as if he had a bad one; and this is stronger in politic bodies than in natural ones, as the former have perpetual succession, and remain the same; and although they may have a very good master at one time, they may have a very bad one at another. And indeed, if the people in America, are to be taxed by the representatives of the people in Britain, their malady is an increasing evil, that must always grow greater by time. Whatever burdens are laid upon the Americans, will be so much taken off the Britons; and the doing this will soon be extremely popular, and those who put up to be members of the house of commons, must obtain the votes of the people by promising to take more and more of the taxes off them, by putting it on the Americans. This must most assuredly be the case, and is will not be in the power even of the parliament to prevent it; the people's private interest will be concerned, and will govern them; they will have such, and only such representatives as will act agreeable to this their interest; and these taxes laid on Americans, will be always a part of the supply bill, in which the other branches of the legislature can make no alteration: and in truth, the subjects in the colonies will be taxed at the will and pleasure of their fellow-subjects in Britain.—How equitable, and how just this may be, must be left to every impartial man to determine. BUT it will be said, that the monies drawn from the colonies by duties, and by taxes, will be laid up and set apart to be used for their future defence: This will not at all alleviate the hardship, but serves only more strongly to mark the servile state of the people. Free people have ever thought, and always will think, that the money necessary for their defence, lies safest in their own hands, until it be wanted immediately for that pupose. To take the money of the Americans, which they want continually to use in their trade, and lay it up for their defence, at a thousand leagues distance from them, when the enemies they have to fear, are in their own neighbourhood, hath not the greatest probability of friendship or of prudence. IT is not the judgment of free people only, that money for defending them is safest in their own keeping, but it hath also been the opinion of the best and wisest kings and governors of mankind, in every age of the world, that the wealth of a state was most securely as well as most profitably deposited in the hands of their faithful subjects: Constantius, emperor of the Romans, though an absolute prince, both practised and praised this method. Dioclesian sent persons on purpose to reproach him with his neglect of the public, and the poverty to which he was reduced by his own fault. Constantius heard these reproaches with patience; and, having persuaded those who made them in Dioclesian's name, to stay a few days with him, he sent word to the most wealthy persons in the provinces, that he wanted money, and that they had now an opportunity of shewing whether or no they truly loved their prince. Upon this notice every one strove who should be foremost in carrying to the exchequer all their gold, silver, and valuable effects; so that in a short time Constantius from being the poorest, became by far the most wealthy of all the four princes. He then invited the deputies of Dioclesian to visit his treasury, desiring them to make a faithful report to their master of the state in which they should find it. They obeyed; and, while they stood gazing on the mighty heaps of gold and silver, Constantius told them, that the wealth which they beheld with astonishment, had long since belonged to him; but that he had left it by way of depositum, in the hands of his people: adding, the richest and surest treasure of the prince was the love of his subjects. The deputies were no sooner gone, than the generous prince sent for those who had assisted him in his exigency, commended their zeal, and returned to every one what they had so readily brought into his treasury. Universal Hist. vol. XV. page 523. WE are not insensible, that when liberty is in danger, the liberty of complaining is dangerous; yet, a man on a wreck was never denied the liberty of roaring as loud as he could; says Dean Swift. And we believe no good reason can be given, why the colonies should not modestly and soberly enquire, what right the parliament of Great-Britain have to tax them. We know such enquiries, by a late letter-writer, have been branded with the little epithet of mushroom policy; and he insinuates, that for the colonies to pretend to claim any privileges, will draw down the resentment of the parliament on them.—Is the defence of liberty become so contemptible, and pleading for just rights so dangerous? Can the guardians of liberty be thus ludicrous? Can the patrons of freedom be so jealous and so severe?—If the British house of commons are rightfully possessed of a power to tax the colonies in America, this power must be vested in them by the British constitution, as they are one branch of the great legislative body of the nation: As they are the representatives of all the people in Britain, they have beyond doubt, all the power such a representation can possibly give; yet, great as this power is, surely it cannot exceed that of their constituents. And can it possibly be shewn, than the people in Britain have a sovereign authority over their fellow-subjects in America? Yet such is the authority that must be exercised in taking people's estates from them by taxes, or otherwise without their consent. In all aids granted to the crown by the parliament, it is said with the greatest propriety, " We freely give unto your Majesty;" for they give their own money, and the money of those who have intrusted them with a proper power for that purpose: But can they with the same propriety give away the money of the Americans, who have never given any such power? Before a thing can be justly given away, the giver must certainly have acquired a property in it; and have the people in Britain justly acquired such a property in the goods and estates of the people in these colonies, that they may give them away at pleasure? IN an emperial state, which consists of many separate governments, each of which hath peculiar privileges, and of which kind it is evident the empire of Great-Britain is; no single part, though greater than another part, is by that superiority intituled to make laws for, or to tax such lesser part; but all laws, and all taxations, which bind the whole, must be made by the whole: This may be fully verified by the empire of Germany, which consists of many states, some powerful, and others weak, yet the powerful never make laws to govern or to tax the little and weak ones, neither is it done by the emperor, but only by the diet, consisting of the representatives of the whole body. Indeed, it must be absurd to suppose, that the common people of Great-Britain have a sovereign and absolute authority over their fellow-subjects in America, or even any sort of power whatsoever over them; but it will be still more absurd, to suppose they can give a power to their representatives, which they have not themselves. If the house of commons do not receive this authority from their constituents, it will be difficult to tell by what means they obtained it, except it be vested in them by meer superiority and power. SHOULD it be urged, that the money expended by the mother country, for the defence and protection of America, and especially during the late war, must justly intitle her to some retaliation from the colonies; and that the stamp duties and taxes, intended to be raised in them, are only designed for that equitable purpose; if we are permitted to examine how far this may rightfully vest the parliament with the power of taxing the colonies, we shall find this claim to have no sort of equitable foundation. In many of the colonies, especially those in New-England, who were planted, as is before observed, not at the charge of the crown or kingdom of England, but at the expence of the planters themselves, and were not only planted, but also defended against the savages, and other enemies, in long and cruel wars, which continued for an hundred years, almost without intermission, solely at their own charge: And in the year 1746, when the Duke D'Anville came out from France, with the most formidable French fleet that ever was in the American seas, enraged at these colonies for the loss of Louisbourg, the year before, and with orders to make an attack on them; even in this greatest exigence, these colonies were left to the protection of heaven, and their own efforts. These colonies having thus planted and defended themselves, and removed all enemies from their borders, were in hopes to enjoy peace, and recruit their state, much exhausted by these long struggles; but they were soon called upon to raise men, and send out to the defence of other colonies, and to make conquests for the crown; they dutifully obeyed the requisition, and with ardor entered into those services, and continued in them until all encroachments were removed, and all Canada, and even the Havana, conquered. They most chearfully complied with every call of the crown; they rejoiced, yea even exulted, in the prosperity and exaltation of the British empire. But these colonies, whose bounds were fixed, and whose borders were before cleared from enemies, by their own fortitude, and at their own expence, reaped no sort of advantage by these conquests; they are not enlarged, have not gained a single acre of land, have no part in the Indian or interior trade; the immense tracts of land subdued, and no less immense and profitable commerce acquired, all belong to Great-Britain; and not the least share or portion to these colonies, though thousands of their men have lost their lives, and millions of their money have been expended in the purchase of them; for great part of which we are yet in debt, and from which we shall not in many years be able to extricate ourselves. Hard will be the fate, yea cruel the destiny, of these unhappy colonies if the reward they are to receive for all this, is the loss of their freedom; better for them Canada still remained French, yea far more eligible that it ever should remain so, than that the price of its reduction should be their slavery. IF the colonies are not taxed by parliament, are they therefore exempted from bearing their proper share in the necessary burdens of government? This by no means follows. Do they not support a regular internal government in each colony, as expensive to the people here, as the internal government of Britain is to the people there? Have not the colonies here, at all times when called upon by the crown, raised money for the public service, done it as chearfully as the parliament have done on like occasions? Is not this the most easy, the most natural, and most constitutional way of raising money in the colonies? What occasion then to distrust the colonies,—what necessity to fall on an invidious and unconstitutional method, to compel them to do what they have ever done freely? Are not the people in the colonies as loyal and dutiful subjects as any age or nation ever produced,—and are they not as useful to the kingdom, in this remote quarter of the world, as their fellow-subjects are who dwell in Britain? The parliament, it is confessed, have power to regulate the trade of the whole empire; and hath it not full power, by this means, to draw all the money and all the wealth of the colonies into the mother country, at pleasure? What motive, after all this, can remain, to induce the parliament to abridge the privileges, and lessen the rights of the most loyal and dutiful subjects; subjects justly intituled to ample freedom, who have long enjoyed, and not abused or forfeited their liberties, who have used them to their own advantage, in dutiful subserviency to the orders and interests of Great-Britain? Why should the gentle current of tranquillity, that has so long run with peace through all the British states, and flowed with joy and with happiness in all her countries, be at last obstructed, be turned out of its true course, into unusual and winding channels, by which many of those states must be ruined; but none of them can possibly be made more rich or more happy? BEFORE we conclude, it may be necessary to take notice of the vast difference there is between the raising money in a country by duties, taxes, or otherwise, and employing and laying out the money again in the same country; and raising the like sums of money, by the like means, and sending it away quite out of the country where it is raised. Where the former of these is the case, although the sums raised may be very great, yet that country may support itself under them; for as fast as the money is collected together, it is again scattered abroad, to be used in commerce and every kind of business; and money is not made scarcer by this means, but rather the contrary, as this continual circulation must have a tendency to prevent, in some degree, it's being hoarded. But where the latter method is pursued, the effect will be extremely different; for here, as fast as the money can be collected, 'tis immediately sent out of the country, never to return but by a tedious round of commerce, which at best must take up much time: Here all trade, and every kind of business depending on it, will grow dull, and must languish more and more, until it comes to a final stop at last. If the money raised in Great-Britain in the three last years of the late war, and which exceeded forty millions sterling, had been sent out of the kingdom, would not this have nearly ruined the trade of the nation in three years only? Think then, what must be the condition of these miserable colonies, when all the money proposed to be raised in them, by high duties on the importation of divers kinds of goods, by the postoffice, by stamp duties, and other taxes, is sent quite away, as fast as it can be collected; and this to be repeated continually, and last forever! Is it possible for colonies under these circumstances to support themselves, to have any money, any trade, or other business, carried on in them? Certainly it is not; nor is there at present, or ever was, any country under heaven, that did, or possibly could support itself under such burdens. WE finally beg leave to assert, that the first planters of these colonies were pious christians; were faithful subjects; who, with a fortitude and perseverance little known, and less considered, settled these wild countries, by God's goodness, and their own amazing labours; thereby added a most valuable dependance to the crown of Great-Britain; were ever dutifully subservient to her interests; so taught their children, that not has been disaffected to this day; but all have honestly obeyed every royal command, and chearfully submitted to every constitutional law; have as little inclination as they have ability to throw off their dependancy; have carefully avoided every offensive measure, and every interdicted manufacture; have risqued their lives as they have been ordered, and furnished their money when it has been called for; have never been troublesome or expensive to the mother country; have kept due order, and supported a regular government; have maintained peace, and practised christianity; and in all conditions, and in every relation, have demeaned themselves as loyal, as dutiful, and as faithful subjects ought; and that no kingdom or state hath, or ever had, colonies more quiet, more obedient, or more profitable, than these have ever been.— MAY the same divine goodness, that guided the first planters, protected the settlements, inspired kings to be gracious, parliaments to be tender, ever preserve, ever support our present gracious King; give great wisdom to his ministers, and much understanding to his parliaments; perpetuate the sovereignty of the British constitution, and the filial dependancy and happiness of all the colonies. P—. PROVIDENCE, in NEW-ENGLAND,NOVEMBER 30, 1764. Source: https://quod.lib.umich.edu/e/evans/N07846.0001.001/1:2?rgn=div1;view=fulltext

  • Fairfax Resolves

    July 18, 1774 Fairfax County Resolves At a general Meeting of the Freeholders and Inhabitants of the County of Fairfax on Monday the 18th day of July 1774, at the Court House, George Washington Esquire Chairman, and Robert Harrison Gent: Clerk of the said Meeting. 1. Resolved that this Colony and Dominion of Virginia can not be considered as a conquered Country; and if it was, that the present Inhabitants are the Descendants not of the Conquered, but of the Conquerors. That the same was not setled at the national Expence of England, but at the private Expence of the Adventurers, our Ancestors, by solemn Compact with, and under the Auspices and Protection of the British Crown; upon which We are in every Respect as dependant, as the People of Great Britain, and in the same Manner subject to all his Majesty’s just, legal, and constitutional Prerogatives. That our Ancestors, when they left their native Land, and setled in America, brought with them (even if the same had not been confirmed by Charters) the Civil-Constitution and Form of Government of the Country they came from; and were by the Laws of Nature and Nations, entitiled to all it’s Privileges, Immunities and Advantages; which have descended to Us their Posterity, and ought of Right to be as fully enjoyed, as if We had still continued within the Realm of England. 2. Resolved that the most important and valuable Part of the British Constitution, upon which it’s very Existence depends, is the fundamental Principle of the People’s being governed by no Laws, to which they have not given their Consent, by Representatives freely chosen by themselves; who are affected by the Laws they inact equally with their Constituents, to whom they are accountable, and whose Burthens they share; in which consists the Safety and Happiness of the Community: for if this Part of the Constitution was taken away, or materially altered, the Government must degenerate either into an absolute and despotic Monarchy, or a tyrannical Aristocracy, and the Freedom of the People be annihilated. 3. Resolved therefore, as the Inhabitants of the american Colonies are not, and from their Situation can not be represented in the British Parliament; that the legislative Power here can of Right be exercised only by our own provincial Assemblys or Parliaments, subject to the Assent or Negative of the British Crown, to be declared within some proper limited Time. But as it was thought just and reasonable that the People of Great Britain shou’d reap Advantages from these Colonies adequate to the Protection they afforded them, the British Parliament have claimed and exercised the Power of regulating our Trade and Commerce, so as to restrain our importing from foreign Countrys, such Articles as they cou’d furnish Us with, of their own Growth or Manufacture, or exporting to foreign Countrys such Articles and Portions of our Produce, as Great Britain stood in Need of, for her own Consumption or Manufactures. Such a Power directed with Wisdom and Moderation, seems necessary for the general Good of that great Body-politic of which we are a Part; altho’ in some Degree repugnant to the Principles of the Constitution. Under this Idea our Ancestors submitted to it; the Experience of more than a Century, during the Government of his Majesty’s royal Predecessors, hath proved it’s utility, and the reciprocal Benefits flowing from it produced mutual uninterrupted Harmony and Good-will, between the Inhabitants of Great Britain and her Colonies; who during that long Period, always considered themselves as one and the same People: and tho’ such a Power is capable of Abuse, and in some Instances hath been stretched beyond the original Design and Institution, yet to avoid Strife and Contention with our fellow-Subjects, and strongly impressed with the Experience of mutual Benefits, We always chearfully acquiesced in it, while the entire Regulation of our internal Policy, and giving and granting our own Money were preserved to our own provincial Legislatures. 4. Resolved that it is the Duty of these Colonies, on all Emergencies, to contribute, in proportion to their Abilities, Situation and Circumstances, to the necessary Charge of supporting and defending the British Empire, of which they are part; that while We are treated upon an equal Footing with our fellow subjects, the Motives of Self-Interest and Preservation will be a sufficient Obligation; as was evident thro’ the Course of the last War; and that no Argument can be fairly applyed to the British Parliament’s taxing us, upon a Presemption that We shou’d refuse a just and reasonable Contribution, but will equally operate in Justification of the Executive-Power taxing the People of England, upon a Supposition of their Representatives refusing to grant the necessary Supplies. 5. Resolved that the Claim lately assumed and exercised by the British Parliament of making all such Laws as they think fit, to govern the People of these Colonies, and to extort from Us our Money without our Consent, is not only diametrically contrary to the first Principles of the Constitution, and the original Compacts by which We are dependant upon the British Crown and Government; but is totally incompatible with the Privileges of a free People, and the natural Rights of Mankind; will render our own Legislatures merely nominal and nugatory, and is calculated to reduce Us from a State of Freedom and Happiness, to Slavery and Misery. 6. Resolved that Taxation and Representation are in their Nature inseperable; that the Right of withholding, or of giving and granting their own Money is the only effectual Security to a free people against the Incroachments of Despotism and Tyranny; and that whenever they yield the one, they must quickly fall a Prey to the other. 7. Resolved that the Powers over the People of America now claimed by the British House of Commons, in whose Election We have no Share, on whose Determinations We can have no Influence, whose Information must be always defective and often false, who in many Instances may have a seperate, and in some an opposite Interest to ours, and who are removed from those Impressions of Tenderness and Compassion arising from personal Intercourse and Connections, which soften the Rigours of the most despotic Governments, must if continued, establish the most grievous and intollerable Species of Tyranny and Oppression that ever was inflicted upon Mankind. 8. Resolved that it is our greatest Wish and Inclination, as well as Interest, to continue our Connection with, and Dependance upon the British Government; but tho’ We are it’s Subjects, we will use every Means which Heaven hath given Us to prevent our becoming it’s Slaves. 9. Resolved that there is a premeditated Design and System, formed and pursued by the British Ministry, to introduce an arbitrary Government into his Majesty’s American Dominions; to which End they are artfully prejudicing our Sovereign, and inflaming the Minds of our fellow-Subjects in Great Britain, by propagating the most malevolent Falsehoods; particularly that there is an Intention in the American Colonies to set up for independant States; endeavouring at the same Time, by various Acts of Violence and Oppression, by sudden and repeated Dissolutions of our Assemblies, whenever they presume to examine the Illegality of ministerial Mandates, or deliberate on the violated Rights of their Constitutents; and by breaking in upon the American Charters, to reduce Us to a State of Desperation, and dissolve the original Compacts by which our Ancestors bound themselves and their Posterity to remain dependant upon the British Crown: which Measures, unless effectually counteracted, will end in the Ruin both of Great Britain and her Colonies. 10. Resolved that the several Acts of Parliament for raising a Revenue upon the People of America without their Consent, the creating new and dangerous Jurisdictions here, the taking away our Trials by Jurys, the ordering Persons upon Criminal accusations, to be tried in another Country than that in which the Fact is charged to have been committed, the Act inflicting ministerial Vengeance upon the Town of Boston, and the two Bills lately brought into Parliament for abrogating the Charter of the Province of Massachusets Bay, and for the protection and Encouragement of Murderers in the said Province, are Part of the above mentioned iniquitous System. That the Inhabitants of the Town of Boston are now suffering in the common Cause of all British America, and are justly entitled to it’s Support and Assistance; and therefore that a Subscription ought imediatly to be opened, and proper Persons appointed, in every County of this Colony to purchase Provisions, and consign them to some Gentlemen of Character in Boston, to be distributed among the poorer Sort of People there. 11. Resolved that We will cordially join with our Friends and Brethren of this and the other Colonies, in such Measures as shall be judged most effectual for procuring Redress of our Grievances, and that upon obtaining such Redress, if the Destruction of the Tea at Boston be regarded as an Invasion of private Property, We shall be willing to contribute towards paying the East India Company the Value: but as We consider the said Company as the Tools and Instrument of Oppression in the Hands of Government and the Cause of our present Distress, it is the Opinion of this Meeting that the People of these Colonies shou’d forbear all further Dealings with them, by refusing to purchase their Merchandize, until that Peace, Safety and Good-order, which they have disturbed, be perfectly restored. And that all Tea now in this Colony, or which shall be imported into it shiped before the first Day of September next shou’d be deposited in some Store house to be appointed by the respective Committees of each County, until a sufficient Sum of Money be raised by subscription to reimburse the Owners the Value, and then to be publickly burn’d and destroyed; and if the same is not paid for and destroyed as aforesaid, that it remain in the Custody of the said Committees, at the Risque of the owners, until the Act of Parliament imposing a Duty upon Tea for raising a Revenue in America be repealed; and imediatly afterwards be delivered unto the Several Proprietors thereof, their Agents or Attorneys. 12. Resolved that Nothing will so much contribute to defeat the pernicious Designs of the common Enemies of Great Britain and her Colonies as a firm Union of the latter; who ought to regard every Act of Violence or Oppression inflicted upon any one of them, as aimed at all; and to effect this desireable Purpose, that a Congress shou’d be appointed, to consist of Deputies from all the Colonies, to concert a general and uniform Plan for the Defence and Preservation of our common Rights, and continueing the Connection and Dependance of the said Colonies upon Great Britain, under a just, lenient, permanent, and constitutional Form of Government. 13. Resolved that our most sincere and cordial Thanks be given to the Patrons and Friends of Liberty in Great Britain, for their spirited and patriotick Conduct, in Support of our constitutional Rights and Privileges, and their generous Efforts to prevent the present Distress and Calamity of America. 14. Resolved that every little jarring Interest and Dispute, which has ever happened between these Colonies, shou’d be buried in eternal Oblivion; that all Manner of Luxury and Extravagance ought imediatly to be laid aside, as totally inconsistent with the threatning and gloomy Prospect before us; that it is the indispensable Duty of all the Gentlemen and Men of Fortune to set Examples of Temperance, Fortitude, Frugality and Industry; and give every Encouragement in their Power, particularly by Subscriptions and Premiums, to the Improvement of Arts and Manufactures in America; that great Care and Attention shou’d be had to the Cultivation of Flax, Cotton, and other Materials for Manufactures; and We recommend it to such of the Inhabitants who have large Stocks of Sheep, to sell to their Neighbours at a moderate Price, as the most certain Means of speedily increasing our Breed of Sheep, and Quantity of Wool. 15. Resolved that until american Grievances be redressed, by Restoration of our just Rights and Privileges, no Goods or Merchandize whatsoever ought to be imported into this Colony, which shall be shiped from Great Britain1 after the first Day of September next, except Linnens not exceeding fifteen Pence ⅌ yard, coarse Woolen Cloth, not exceeding two shillings Sterling ⅌ yard, Nails, wire and Wire-Cards, needles & pins, paper, Salt petre and Medecines; which may be imported until the first Day of September one thousand seven hundred and seventy six; and if any Goods or Merchandize, oth⟨er⟩ than those hereby excepted, shou’d be ship’d from Great Britain,2 after the time aforesaid, to this Colony, that the same, immediately upon their Arrival shoud either be sent back again, by the owners their Agents or Attorn⟨ey⟩s, or stored and deposited in some Warehouse, to be appointed by the Committee for each respective County, and there kept, at the Risque and Charge of the Owners, to be delivered to them, when a free Importation of Goods hither shall again take Place. And that the Merchants and Venders of Goods and Merchandize within this Colony ought not to take Advantage of our present Distress, b⟨u⟩t continue to sell the Goods and Merchandize which they now have, or which may be shiped to them before the first Day of September next, at the same rates and Prices they have been accustomed to do, within one Year last past; and if any Person shall sell such Goods on any other Terms than above expressed, that no Inhabitant of this Colony shou’d at any time, forever thereafter, deal with Him, his Agent, Factor, or Store keepers for any Commodity whatsoever. 16. Resolved that it is the Opinion of this Meeting that the Merchants and Venders of Goods and Merchandize within this Colony shou’d take an Oath not to sell or dispose of any Goods or Merchandize whatsoever, which may be shiped from Great Britain after the first Day of September next as aforesaid, except the Articles before excepted, and that they will, upon Receipt of such prohibited Goods, either send the same back again by the first Opportunity, or deliver them to the Committees in the respective Countys, to be deposited in some Warehouse, at the Risque and charge of the owners, until they, their Agents or Factors be permitted to take them away by the said Committees: the names of those who refuse to take such Oath to be advertized, by the respective Committees, in the Countys wherein they reside. And to the End that the Inhabitants of this Colony may know what Merchants, and Venders of Goods and Merchandize have taken such Oath, that the respective Committees shou’d grant a Certificate thereof to every such Person who shall take the same. 17. Resolved that it is the Opinion of this Meeting, that during our present Difficulties and Distress, no Slaves ought to be imported into any of the British Colonies on this Continent, and We take this Opportunity of declaring our most earnest Wishes to see an entire Stop for ever put to such a wicked cruel and unnatural Trade. 18. Resolved that no kind of Lumber shou’d be exported from this Colony to the West Indies until America be restored to her constitutional Rights and Liberties, if the other Colonies will accede to a like Resolution; and that it be recommended to the general Congress to appoint as early a Day as possible for stopping such Export. 19. Resolved that it is the Opinion of this Meeting, if american Grievances be not redressed before the first Day of November one thousand seven hundred and seventy five, that all Exports of Produce from the several Colonies to Great Britain3 shou’d cease; and to carry the said Resolution more effectually into Execution, that We will not plant or cultivate any Tobacco after the Crop now growing, provided the same Measure shall be adopted by the other Colonies on this Continent, as well those who have ⟨here⟩tofore made Tobacco, as those who have n⟨o⟩t. And it is our Opinion also, if the Congress of Deputies from the several Colonies shall adopt the Measure of Non-exportation to Great Britain, as the People will be thereby disabled from paying their Debts, that no Judgements shou’d be rendered by the Courts in the said Colonies for any Debt, after Information of the said Measures being determined upon. 20. Resolved that it is the Opinion of this Meeting that a solemn Covenant and Association shou’d be entered into by the Inhabitants of all the Colonies upon Oath, that they will not, after the Times which shall be respectively agreed on at the general Congress, export any Manner of Lumber to the West Indies, nor any of their Produce to Great Britain,4 or sell or dispose of the same to any Person who shall not have entered into the said Covenant and Association; and also that they will not import or receive any Goods or Merchandize which shall be ship’d from Great Britain5 after the first Day of September next, other than the before enumerated Articles, nor buy or purchase any Goods, except as before excepted, if any person whatsoever, who shall not have taken the Oath herein before recommended to be taken by the Merchants and Venders of Goods nor buy or purchase any Slaves hereafter imported into any part of this continent until a free Exportation and Importation be again resolved on by the Majority of the Representatives or Duputies of the Colonies. And that the respective Committees of the Countys in each Colony so soon as the Covenant and Association becomes general, publish by advertisements in their several Counties a List of the Names of those (if any such there be) who will not accede thereto; that such Traitors to their Country may be publickly known and detested. 21. Resolved that it is the Opinion of this Meeting, that this and the other associating Colonies shou’d break off all Trade, Intercourse, and Dealings, with that Colony Province or Town, which shall decline or refuse to agree to the plan which shall be adopted by the general Congress. 22. Resolved that shou’d the Town of Boston be forced to submit to the late cruel and oppressive Measures of Government, that We shall not hold the same to be binding upon Us, but will, notwithstanding, religiously maintain, and inviolably adhere to such Measures as shall be concerted by the general Congress, for the preservation of our Lives Liberties and Fortunes. 23. Resolved that it be recommended to the Deputies of the general Congress to draw up and transmit an humble and dutiful petition and Remonstrance to his Majesty, asserting with decent Firmness our just and constitutional Rights and Privileg⟨es⟩ lamenting the fatal Necessity of being compelled to enter into Measur⟨es⟩ disgusting to his Majesty and his Parliament, or injurious to our fellow Subjects in Great Britain; declaring, in the strongest Terms, ou⟨r⟩ Duty and Affection to his Majesty’s Person, Family and Government, ⟨an⟩d our Desire to continue our Dependance upon Great Brit⟨ai⟩n; and most humbly conjuring and beseeching his Majesty, not to reduce his faithful Subjects of America to a State of Desperation, and to reflect, that from our Sovereign there can be but one Appeal. And it is the Opinion of this Meeting, that after such Petition, and Remonstrance shall have been presented to his Majesty, the same shou’d be printed in the public Papers, in all the principal Towns in Great Britain. 24. Resolved that George Washington Esquire and Charles Broadwater Gent. lately elected our Representatives to serve in the general Assembly, be appointed to attend the Convention at Williamsburgh, on the first Day of August next, and present these Resolves, as the Sense of the People of this County, upon the Measures proper to be taken in the present alarming and dangerous Situation of America. Source: https://founders.archives.gov/documents/Washington/02-10-02-0080

  • Halifax Resolves

    April 12, 1776 The Select Committee taking into Consideration the usurpations and violences attempted and committed by the King and Parliament of Britain against America, and the further Measures to be taken for frustrating the same, and for the better defence of this province reported as follows, to wit, It appears to your Committee that pursuant to the Plan concerted by the British Ministry for subjugating America, the King and Parliament of Great Britain have usurped a Power over the Persons and Properties of the People unlimited and uncontrouled and disregarding their humble Petitions for Peace, Liberty and safety, have made divers Legislative Acts, denouncing War Famine and every Species of Calamity daily employed in destroying the People and committing the most horrid devastations on the Country. That Governors in different Colonies have declared Protection to Slaves who should imbrue their Hands in the Blood of their Masters. That the Ships belonging to America are declared prizes of War and many of them have been violently seized and confiscated in consequence of which multitudes of the people have been destroyed or from easy Circumstances reduced to the most Lamentable distress. And whereas the moderation hitherto manifested by the United Colonies and their sincere desire to be reconciled to the mother Country on Constitutional Principles, have procured no mitigation of the aforesaid Wrongs and usurpations and no hopes remain of obtaining redress by those Means alone which have been hitherto tried, Your Committee are of opinion that the house should enter into the following Resolve, to wit: Resolved that the delegates for this Colony in the Continental Congress be impowered to concur with the other delegates of the other Colonies in declaring Independency, and forming foreign Alliances, resolving to this Colony the Sole, and Exclusive right of forming a Constitution and Laws for this Colony, and of appointing delegates from time to time under the direction of a general Representation thereof to meet the delegates of the other Colonies for such purposes as shall be hereafter pointed out. Source: https://www.ncssar.org/wp-content/uploads/2015/11/HRAPR03.pdf

  • An Inquiry Into the Rights of the British Colonies by Richard Bland

    AN INQUIRY INTO THE RIGHTS OF THE BRITISH COLONIES SIR, I TAKE the Liberty to address you, as the Author of “The Regulations lately made concerning “the Colonies, and the Taxes imposed upon them considered.” It is not to the Man, whoever you are, that I address myself; but it is to the Author of a Pamphlet which, according to the Light I view it in, endeavours to fix Shackles upon the American Colonies: Shackles which, however nicely polished, can by no Means sit easy upon Men who have just Sentiments of their own Rights and Liberties. You have indeed brought this Trouble upon yourself, for you fay that ” many Steps have been lately taken by the Ministry to cement and perfect the necessary “Connexion between the Colonies and the Mother “Kingdom, which every Man who is sincerely interested in what is interesting to his Country will anxiously Confider the Propriety of, will inquire into the Information, and canvas the Principles upon “which they have been adopted; and will be ready to applaud what has been well done, condemn what has been done amiss, and forget any Emendations, Improvements, or Additions, which may be within his Knowledge, and occur to his Reflexion.” Encouraged therefore by so candid an Invitation, I have undertaken to examine, with an honest Plainness and Freedom, whether the Ministry, by imposing Taxes upon the Colonies by Authority of Parliament, have pursued a wife and salutary Plan of Government, or whether they have exerted pernicious and destructive Acts of Power. I pretend not to concern myself with the Regulations lately made to encourage Population in the new Acquisitions: Time can only determine whether the Reasons upon which they have been founded are agreeable to the Maxims of Trade and found Policy, or not. However, I will venture to observe that if the most powerful inducement towards peopling those Acquisitions is to arise from the Expectation of a Constitution to be established in them familiar to the other Royal Governments in America, it must be a strong Circumstance, in my Opinion, against their being settled by Englishmen, or even by Foreigners, who do not live under the most despotic Government; since, upon your Principles of Colony Government, such a Constitution will not be worth their Acceptance. The Question is whether the Colonies are represented in the British Parliament or not? You affirm it to bean indubitable Fact that they are represented, and from thence you infer a Right in the Parliament to impose Taxes of every Kind upon them. You do not insist upon the Power, but upon the Right of Parliament to impose Taxes upon the Colonies. This is Certainly a very proper Distinction, as Right and Power have very different Meanings, and convey very different Ideas: For had you told us that the Parliament of Great Britain have Power, by the Fleets and Armies of the Kingdom, to impose Taxes and to raise Contributions upon the Colonies, I should not have presumed to dispute the Point with you; but as you insist upon the Right only, I must beg Leave to differ from you in Opinion, and shall give my Reasons for it. But I must first recapitulate your Arguments in Support of this Right in the Parliament. You say “the inhabitants of the Colonies do not indeed choose Members of Parliament, neither are nine Tenths of the People of Britain Electors; for the Right of Election is annexed to certain Species of Property, to peculiar Franchises, and to Inhabitancy in some particular Places. But these Descriptions comprehend only a very small Part of the Lands, the Property and People of Britain; all Copy-Hold, all Lease-Hold Estates under the Crown, under the Church, or under private Persons, though for Terms ever so long; all landed Property in short that is not Freehold, and all monied Property whatsoever, are excluded. The Possessors of these have no Votes in the Election of Members of Parliament; Women and Persons under Age, be their Property ever so large, and all of it Freehold, have none: The Merchants of London, a numerous and respectable Body of Men, whose Opulence exceeds all that America can collect; the Proprietors of that vast Accumulation of Wealth, the Public Funds; the Inhabitants of Leeds, of Halifax, of Birmingham and of Manchester, Towns that are each of them larger than the largest in the Plantations; many of lesser Note, that are incorporated; and that great Corporation the East India Company, whose Rights over the Countries they possess fall very little short of Sovereignty, and whose Trade and whose Fleets are sufficient to constitute them a maritime Power, are all in the fame Circumstances: And yet are they not represented in Parliament? Is their vast Property subject to Taxation without their Consent? Are they all arbitrarily bound by Laws to which they have not agreed? The Colonies are exactly in the same Situation; all British Subjects are really in the same; none are actually, all are virtually, represented in Parliament: For every Member of Parliament sits in the House not as a Representative of his own constituents, but as one of that August Assembly by which all the Commons of Great Britain are represented.” This is the Sum of what you advance, in all the Pomp of Parliamentary Declamation, to prove that the Colonies are represented in Parliament, and therefore subject to their Taxation; but notwithstanding this Way of reasoning, I cannot comprehend how Men who are excluded from voting at the Election of Members of Parliament can be represented in that Assembly, or how those who are elected do not sit in the House as Representatives of their Constituents. Their Assertions appear to me not only paradoxical, but contrary to the fundamental Principles of the English Constitution. To illustrate this important Disquisition, I conceive we must recur to the civil Constitution of England, and from thence deduce and ascertain the Rights and Privileges of the People at the first Establishment of the Government, and discover the Alterations that have been made in them from Time to Time; and it is from the Laws of the Kingdom, founded upon the Principles of the Law of Nature, that we are to show the Obligation every Member of the State is under to pay Obedience to its Institutions. From these Principles I shall endeavour to prove that the Inhabitants of Britain, who have no Vote in the Election of Members of Parliament, are not represented in that Assembly, and yet that they owe Obedience to the Laws of Parliament; which, as to them, are constitutional, and not arbitrary. As to the Colonies, I shall consider them afterwards. Now it is a Fact, as certain as History can make it, that the present civil Constitution of England derives its Original from those Saxons who, coming over to the Assistance of the Britons in the Time of their King Vortigern, made themselves Masters of the Kingdom, and established a Form of Government in it similar to that they had been accustomed to live under in their native Country; as similar, at least, as the Difference of their Situation and Circumstances would permit. This Government, like that from whence they came, was founded upon Principles of the most perfect Liberty: The conquered Lands were divided among the Individuals in Proportion to the Rank they held in the Nations; and every Freeman, that is, every Freeholder, was a Member of their Witenagemot, or Parliament. The other Part of the Nation, or the Non-Proprietors of Land, were of little Estimation. They, as in Germany, were either Slaves, mere Hewers of Wood and Drawers of Water, or Freedmen; who, being of foreign Extraction, had been manumitted by their Masters, and were excluded from the high Privilege of having a Share in the Administration of the Commonwealth, unless they became Proprietors of Land (which they might obtain by Purchase or Donation) and in that Case they had a Right to sit with the Freemen, in the Parliament or sovereign Legislature of the State. How long this Right of being personally present in the Parliament continued, or when the Custom of sending Representatives to this great Council of the Nation, was first introduced, cannot be determined with Precision; but let the Custom of Representation be introduced when it will, it is certain that every Freeman, or, which was the same Thing in the Eye of the Constitution, every Freeholder, had a Right to vote at the Election of Members of Parliament, and therefore might be said, with great Propriety, to be present in that Assembly, either in his own Person or by Representation. This Right of Election in the Freeholders is evident from the Statute 1st Hen. 5. Ch. 1st, which limits the Right of Election to those Freeholders only who are resident in the Counties the Day of the Date of the Writ of Election; but yet every resident Freeholder indiscriminately, let his Freehold be ever so small, had a Right to vote at the Election of Knights for his County, so that they were actually represented: And this Right of Election continued until it was taken away by the Statute 8th Hen. 6. Ch. 7. from those Freeholders who had not a clear Freehold Estate of forty Shillings by the Year at the least. Now this Statute was deprivative of the Right of those Freeholders who came within the Description of it; but of what did it deprive them, if they were represented notwithstanding their Right of Election was taken from them? The mere Act of voting was nothing, of no Value, if they were represented as constitutionally without it as with it: But when by the fundamental Principles of the Constitution they were to be considered as Members of the Legislature, and as such had a Right to be present in Person, or to send their Procurators or Attorneys, and by them to give their Suffrage in the supreme Council of the Nation, this Statute deprived them of an essential Right; a Right without which, by the ancient Constitution of the State, all other Liberties were but a Species of Bondage. As these Freeholders then were deprived of their Rights to substitute Delegates to Parliament, they could not be represented, but were placed in the fame Condition with the Non-Proprietors of Land, who were excluded by the original Constitution from having any Share in the Legislature, but who, notwithstanding such Exclusion, are bound to pay Obedience to the Laws of Parliament, even if they should consist of nine Tenths of the People of Britain; but then the Obligation of these Laws does not arise from their being virtually represented in Parliament, but from a quite different Reason. Men in a State of Nature are absolutely free and independent of one another as to sovereign Jurisdiction, but when they enter into a Society, and by their own consent become Members of it, they must submit to the Laws. of the Society according to which they agree to be governed; for it is evident, by the very Act of Association, that each Member subjects himself to the Authority of that Body in whom, by common Consent, the legislative Power of the State is placed: But though they must submit to the Laws, so long as they remain Members of the Society, yet they retain so much of their natural Freedom as to have a Right to retire from the Society, to renounce the Benefits of it, to enter into another Society, and to settle in another Country; for their Engagements to the Society, and their Submission to the publick Authority of the State, do not oblige them to continue in it longer than they find it will conduce to their Happiness, which they have a natural Right to promote. This natural Right remains with every Man, and he cannot justly be deprived of it by any civil Authority. Every Person therefore who is denied his Share in the Legislature of the State to which he had an original Right, and every Person who from his particular Circumstances is excluded from this great Privilege, and refuses to exercise his natural Right of quitting the Country, but remains in it, and continues to exercise the Rights of a Citizen in all other Respects, must be subject to the Laws which by these Acts he implicitly, or to use your own Phrase, virtually contents to: For Men may subject themselves to Laws, by consenting to them implicitly; that is, by conforming to them, by adhering to the Society, and accepting the Benefits of its Constitution, as well, as explicitly and directly, in their own Persons, or by their Representatives substituted in their Room. Thus, if a Man whose Property does not entitle him to be an Elector of Members of Parliament and therefore cannot be represented, or have any Share in the Legislature, “inherits or takes any Thing by the Laws of the Country to which he has no indubitable Right in Nature, or which, if he has a Right to it, he cannot tell how to get or keep without the Aid of the Laws and the Advantage of Society, then, when he takes this Inheritance, or whatever it is, with it he takes and owns the Laws that gave it him. And since the Security he has from the Laws of the Country, in Respect of his Person and Rights, is the Equivalent for his Submission to them, “he cannot accept that Security without being obliged, in Equity, to pay this Submission: Nay his very continuing in the Country shows that he either likes “the Constitution, or likes it better, notwithstanding “the Alteration made in it to his Disadvantage, than any other; or at least thinks it better, in his Circumstances, to conform to it, than to seek any other; that is, he is content to be comprehended in it.” From hence it is evident that the Obligation of the Laws of Parliament upon the People of Britain who have no Right to be Electors does not arise from their being virtually represented, but from a quite different Principle; a Principle of the Law of Nature, true, certain, and universal, applicable to every Sort of Government, and not contrary to the common Understandings of Mankind. If what you say is a real Fact, that nine Tenths of the People of Britain are deprived of the high Privilege of being Electors, it shows a great Defect in the present Constitution, which has departed so much from its original Purity; but never can prove that those People are even virtually represented in Parliament. And here give me Leave to observe that it would be a Work worthy of the best patriotick Spirits in the Nation to effectuate an Alteration in this putrid Part of the Constitution; and, by restoring it to its pristine Perfection, prevent any ” Order or Rank of the Subjects from imposing upon or binding the rest without their Consent.” But, I fear, the Gangrene has taken too deep Hold to be eradicated in thefe Days of Venality. But if those People of Britain who are excluded from being Electors are not represented in Parliament, the Conclusion is much stronger against the People of the Colonies being represented; who are considered by the British Government itself, in every Instance of Parliamentary Legislation, as a distinct People. It has been determined by the Lords of the Privy Council that “Acts of Parliament made in England without naming the foreign Plantations will not bind them.” Now what can be the Reason of this Determination, but that the Lords of the Privy Council are of Opinion the Colonies are a distinct People from the Inhabitants of Britain, and are not represented in Parliament. If, as you contend, the Colonies are exactly in the same Situation with the Subjects in Britain, the Laws will in every Instance be equally binding upon them, as upon those Subjects, unless you can discover two Species of virtual Representation; the one to respect the Subjects in Britain, and always existing in Time of Parliament; the other to respect the Colonies, a mere Non-Entity, if I may be allowed the Term, and never existing but when the Parliament thinks proper to produce it into Being by any particular Act in which the Colonies happen to be named. But I must examine the Case of the Colonies more distinctly. It is in vain to search into the civil Constitution of England for Directions in fixing the proper Connexion between the Colonies and the Mother Kingdom; I mean what their reciprocal Duties to each other are, and what Obedience is due from the Children to the general Parent. The planting Colonies from Britain is but of recent Date, and nothing relative to such Plantation can be collected from the ancient Laws of the Kingdom; neither can we receive any better Information by extending our Inquiry into the History of the Colonies established by the several Nations in the more early Ages of the World. All the Colonies (except those of Georgia and Nova Scotia) formed from the English Nation, in North America, were planted in a Manner, and under a Dependence, of which there is not an Instance in all the Colonies of the Ancients; and therefore, I conceive, it must afford a good Degree of Surprise to find an English Civilian giving it as his Sentiment that the English Colonies ought to be governed by the Roman Laws, and for no better Reason than because the Spanish Colonies, as he says, are governed by those Laws. The Romans established their Colonies in the Midst of vanquished Nations, upon Principles which best secured their Conquests; the Privileges granted to them were not always the fame; their Policy in the Government of their Colonies and the conquered Nations being always directed by arbitrary Principles to the End they aimed at, the subjecting the whole Earth to their Empire. But the Colonies in North America, except those planted within the present Century, were founded by Englishmen; who, becoming private Adventurers, est ab lis hied themselves, without any Expense to the Nation, in this uncultivated and almost uninhabited Country; so that their Cafe is plainly distinguishable from that of the Roman, or any other Colonies of the ancient World. As then we can receive no Light from the Laws of the Kingdom, or from ancient History, to direct us in our Inquiry, we must have Recourse to the Law of Nature, and those Rights of Mankind which flow from it. I have observed before that when subjects are deprived of their civil rights, or are dissatisfied with the Place they hold in the Community, they have a natural Right to quit the Society of which they are Members, and to retire into another Country. Now when Men exercise this Right, and withdraw themselves from their Country, they recover their natural Freedom and Independence: The Jurisdiction and Sovereignty of the State they have quitted ceases; and if they unite, and by common Consent take Possession of a new Country, and form themselves into a political Society, they become a sovereign State, independent of the State from which they separated. If then the Subjects of England have a natural Right to relinquish their Country, and by retiring from it, and associating together, to form a new political Society and independent State, they must have a Right, by Compact with the Sovereign of the Nation, to remove into a new Country, and to form a civil Establishment upon the Terms of the Compact. In such a Case, the Terms of the Compact must be obligatory and binding upon the Parties; they must be the Magna Charta, the fundamental Principles of Government, to this new Society; and every Infringement of them must be wrong, and may be opposed. It will be necessary then to examine whether any such Compact was entered into between the Sovereign and those English Subjects who established themselves in America. You have told us that “before the first and great Act of Navigation the Inhabitants of North America “were but a few unhappy Fugitives, who had wandered thither to enjoy their civil and religious Liberties, which they were deprived of at Home.” If this was true, it is evident, from what has been said upon the Law of Nature, that they have a Right to a civil independent Establishment of their own, and that Great Britain has no Right to interfere in it. But you have been guilty of a gross Anachronism in your Chronology, and a great Error in your Account of the first Settlement of the Colonies in North America; for it is a notorious Fact that they were not settled by Fugitives from their native Country, but by Men who came over voluntarily, at their own Expense, and under Charters from the Crown, obtained for that Purpose, long before the first and great Act of Navigation. The first of these Charters was granted to Sir Walter Raleigh by Queen Elizabeth under her great Seal, and was confirmed by the Parliament of England in the Year 1584. By this Charter the whole Country to be possessed by Sir Walter Raleigh was granted to him, his Heirs and Assigns, in perpetual Sovereignty, in as extensive a Manner as the Crown Could grant, or had ever granted before to any Person or Persons, with full Power of Legislation, and to establish a civil Government in it as near as conveniently might be agreeable to the Form of the English Government and Policy thereof. The Country was to be united to the Realm of England in perfect LEAGUE AND AMITY, was to be within the Allegiance of the Crown of England, and to be held by Homage, and the Payment of one Fifth of all Gold and Silver Ore, which was reserved for all Services, Duties, and Demands. Sir Walter Raleigh, under this Charter, took Possession of North America, upon that Part of the Continent which gave him a Right to the Tract of Country which lies between the twenty fifth Degree of Latitude and the Gulf of St. Lawrence; but a Variety of Accidents happening in the Course of his Exertions to establish a Colony, and perhaps being over born by the Expense of so great a Work, he made an Assignment to divers Gentlemen and Merchants of London, in the 31st Year of the Queen’s Reign, for continuing his Plantation in America. These Assignees were not more successful in their Attempts than the Proprietor himself had been; but being animated with the Expectation of mighty Advantages from the Accomplishment of their Undertaking, they, with others, who associated with them, obtained new Charters from King James the First, in whom all Sir Walter Raleigh’s Rights became vested upon his Attainder; containing the same extensive Jurisdictions, Royalties, Privileges, Franchises, and Pre-eminences, and the same Powers to establish a civil Government in the Colony, as had been granted to Sir W. Raleigh, with an express Clause of Exemption for ever from all Taxes or Impositions upon their Import and Export Trade. Under these Charters the Proprietors effectually prosecuted, and happily succeeded, in planting a Colony upon that Part of the Continent which is now called Virginia. This Colony, after struggling through immense Difficulties, without receiving the least Assistance from the English Government, attained to such a Degree of Perfection that in the Year 1621 a General Assembly, or legislative Authority, was established in the Governor, Council, and House of Burgesses, who were elected by the Freeholders as their Representatives; and they have continued from that Time to exercise the Power of Legislation over the Colony. But upon the 15th of July, 1624, King James dissolved the Company by Proclamation, and took the Colony under his immediate Dependence; which occasioned much Confusion, and created mighty Apprehensions in the Colony left they should be deprived of the Rights and Privileges granted them by the Company, according to the Powers contained in their Charters. To put an End to this Confusion, and to conciliate the Colony to the new System of Government the Crown intended to establish among them, K. Charles the First, upon the Demise of his Father, by Proclamation the 13th of May, 1625, declared ” that Virginia should “be immediately dependent upon the Crown; that the Affairs of the Colony should be vested in a Council, consisting of a sew Persons of Understanding and Quality, to be subordinate and attendant to the Privy Council in England; that he was resolved to establish another Council in Virginia, to be subordinate to the Council in England for the Colony; and that he would maintain the necessary Officers, Ministers, Forces, Ammunition, and Fortifications thereof, at his own Charge.” But this Proclamation had an Effect quite different from what was intended; instead of allaying, it increased the Confusion of the Colony; they now thought their regular Constitution was to be destroyed, and a Prerogative Government established over them; or, as they express themselves in their Remonstrance, that “their Rights and Privileges were to be assaulted” This general Disquietude and Dissatisfaction continued until they received a Letter from the Lords of the Privy Council, dated July the 22d, 1634, containing the Royal Affurance and Confirmation that ” all their Estates, Trade, “Freedom, and Privileges, should be enjoyed by them in as extensive a Manner as they enjoyed them before the recalling the Company’s Patent;” whereupon they became reconciled, and began again to exert themselves in the Improvement of the Colony. Being now in full Possession of the Rights and Privileges of Englishmen, which they esteemed more than their Lives, their Affection for the Royal Government grew almost to Enthusiasm; for upon an Attempt to restore the Company’s Charter by Authority of Parliament, the General Assembly, upon the 1st of April 1642, drew up a Declaration or Protestation, in the Form of an Act, by which they declared ” they never “would submit to the Government of any Company or Proprietor, or to so unnatural a Distance as a “Company or other Person to interpose between the Crown and the Subjects; that they were born under Monarchy, and would never degenerate from the Condition of their Births by being subject to any other Government; and every Person who should “attempt to reduce them under any other Government was declared an Enemy to the Country, and his Estate was to be forfeited.” This Act, being presented to the King, at his Court at York, July 5th, 1644 drew from him a most gracious Answer, under his Royal Signet, in Which he gave them the fullest Assurances that they should be always immediately dependent upon the Crown, and that the Form of Government should never be changed. But after the King’s Death they gave a more eminent Instance of their Attachment to Royal Government, in their Opposition to the Parliament, and forcing the Parliament Commissioners, who were sent over with a Squadron of Ships of War to take Possession of the Country, into Articles of Surrender, before they would submit to their Obedience. As these Articles reflect no small Honour upon this Infant Colony, and as they are not commonly known, I will give an Abstract of such of them as relate to the present Subject. The Plantation of Virginia, and all the Inhabitants thereof, shall be and remain in due Subjection to the Commonwealth of England, not as a conquered Country, but as a Country submitting by their own voluntary Act, and shall enjoy such Freedoms and Privileges as belong to the free People of England. The General Assembly as formerly shall convene, and transact the Affairs of the Colony. The People of Virginia shall have a free Trade, as the People of England, to all Places, and with all Nations. Virginia shall be free from all Taxes, Customs, and Impositions whatsoever; and none shall be imposed on them without Consent of the General Assembly; and that neither Forts nor Castes be erected, or Garrisons maintained, without their Consent. Upon this Surrender of the Colony to the Parliament, Sir W. Berkley, the Royal Governour, was removed, and three other Governours were successively elected by the House of Burgesses; but in January 1659 Sir William Berkeley was replaced at the Head of the Government by the People, who unanimously renounced their Obedience to the Parliament, and restored the Royal Authority by proclaiming Charles the 2d King of England, Scotland, France, Ireland, and Virginia; so that he was King in Virginia some Time before he had any certain Assurance of being restored to his Throne in England. From this Detail of the Charters, and other Acts of the Crown, under which the first Colony in North America was established, it is evident that ” the Colonists were not a few unhappy Fugitives who had wandered into a distant Part of the World to enjoy their civil and religious Liberties, which they were deprived of at home,” but had a regular Government long before the first Act of Navigation, and were respected as a distinct State, independent, as to their internal Government, of the original Kingdom, but united with her, as to their external Polity, in the closest and most intimate LEAGUE AND AMITY, under the same Allegiance, and enjoying the Benefits of a reciprocal Intercourse. But allow me to make a Reflection or two upon the preceding Account of the first Settlement of an English Colony in North America. America was no Part of the Kingdom of England; it was possessed by a savage People, scattered through the Country, who were not subject to the English Dominion, nor owed Obedience to its Laws. This independent Country was settled by Englishmen at their own Expense, under particular Stipulations with the Crown: These Stipulations then must be the sacred Band of Union between England and her Colonies, and cannot be infringed without Injustice. But you Object that no Power can abridge the Authority of Parliament, “which has never exempted any from the Submission “they owe to it; and no other Power can grant such “an Exemption.” I will not dispute the Authority of the Parliament, which is without Doubt Supreme within the Body of the Kingdom, and cannot be abridged by any other Power; but may not the King have Prerogatives which he has a Right to exercise without the Consent of Par1iament? If he has, perhaps that of granting License to his Subjects to remove into a new Country, and to settle therein upon particular Conditions, may be one. If he has no such Prerogative, I cannot discover how the Royal Engagements can be made good, that ” the “Freedom and other Benefits of the British Constitution” shall be secured to those People who shall settle in a new Country under such Engagements; the Freedom, and other Benefits of the British Constitution, cannot be secured to a People without they are exempted from being taxed by any Authority but that of their Representatives, chosen by themselves. This is an essential Part of British Freedom; but if the King cannot grant such an Exemption, in Right of his Prerogative, the Royal Promises cannot be fulfilled; and all Charters which have been granted by our former Kings, for this Purpose, must be Deceptions upon the Subjects who accepted them, which to fay would be a high Reflection upon the Honour of the Crown. But there was a Time when former Parts of England itself were exempt from the Laws of Parliament: The Inhabitants of the County Palatine of Chester were not subject to such Laws ab antiquo, because they did not send Representatives to Parliament, but had their own Commune Concilium; by whose Authority, with the Consent of their Earl, their Laws were made. If this Exemption was not derived originally from the Crown, it must have arisen from that great Principle in the British Constitution by which the Freemen in the Nation are not subject to any Laws but such as are made by Representatives elected by themselves to Parliament; so that, in either Case, it is an Instance extremely applicable to the Colonies, who contend for no other Right but that of directing their internal Government by Laws made with their own Consent, which has been preferred to them by repeated Acts and Declarations of the Crown. The Constitution of the Colonies, being established upon the Principles of British Liberty, has never been infringed by the immediate Act of the Crown; but the Powers of Government, agreeably to this Constitution, have been constantly declared in the King’s Commissions to their Governours, which, as often as they pass the Great Seal, are new Declarations and Confirmations of the Rights of the Colonies. Even in the Reign of Charles the Second, a Time by no Means favorable to Liberty, these Rights of the Colonies were maintained inviolate; for when it was thought necessary to establish a permanent Revenue for the Support of Government in Virginia, the King did not apply to the English Parliament, but to the General Assembly, and sent over an Act, under the Great Seal of England, by which it was enacted ” by the King’s “Most Excellent Majesty, by and with the Consent of the General Assembly,” that two Shillings per Hogshead upon all Tobacco exported, one Shilling and Threepence per Tun upon Shipping, and Sixpence per Poll for every Person imported, not being actually a Mariner in Pay, were to be paid for ever as a Revenue for the Support of the Government in the Colony. I have taken Notice of this Act, not only because it shows the proper Fountain from whence all Supplies to be raised in the Colonies ought to flow, but also as it affords an Instance that Royalty itself did not disdain formerly to be named as a Part of the Legislature of the Colony; though now, to serve a Purpose destructive of their Rights, and to introduce Principles of Despotism unknown to a free Constitution, the Legislature of the Colonies are degraded even below the Corporation of a petty Borough in England. It must be admitted that after the Restoration the Colonies loft that Liberty of Commerce with foreign Nations they had enjoyed before that Time. As it became a fundamental Law of the other States of Europe to prohibit all foreign Trade with their Colonies, England demanded such an exclusive Trade with her Colonies. This was effected by the Act of 25th Charles 2d, and some other subsequent Acts; Which not only circumscribed the Trade of the Colonies with foreign Nations within very narrow Limits, but imposed Duties upon several Articles of their own Manufactory-exported from one Colony to another. These Acts, which imposed severer Restrictions upon the Trade of the Colonies than were imposed upon the Trade of England, deprived the Colonies, so far as these Restrictions extended, of the Privileges of English Subjects, and constituted an unnatural Difference between Men under the fame Allegiance, born equally free, and entitled to the fame civil Rights. In this Light did the People of Virginia view the Act of 25th Charles 2d, when they sent Agents to the English Court to represent against “Taxes and Impositions being laid on the Colony by any Authority but that of their “General Assembly.” The Right of imposing internal Duties upon their Trade by Authority of Parliament was then disputed, though you fay it was never called into Question; and the Agents sent from Virginia upon this Occasion obtained a Declaration from Charles 2d the 19th of April 1676, under his Privy Seal, that Impositions or “Taxes ought not be laid upon the Inhabitants and Proprietors of the Colony but by the common Consent of the General Assembly, except such Impositions as the Parliament should lay on the Commodities imported into England from the Colony:” And he ordered a Charter to be made out, and to pass the Great Seal, for securing this Right, among others, to the Colony. But whether the Act of 25th Charles 2d, or any of the other Acts, have been complained of as Infringements of the Rights of the Colonies or not, is immaterial; for if a Man of superior Strength takes my Coat from me, that cannot give him a Right to my Cloak, nor am I obliged to submit to be deprived of all my Estate because I may have given up some Part of it without Complaint. Besides, I have proved irrefragably that the Colonies are not represented in Parliament, and consequently, upon your own Position, that no new Law can bind them that is made without the Concurrence of their Representatives; and if so, then every Act of Parliament that imposes internal Taxes upon the Colonies is an Act of Power, and not of Right. I must speak freely, I am considering a Question which affects the Rights of above two Millions of as loyal Subjects as belong to the British Crown, and must use Terms adequate to the Importance of it; I say that Power abstracted from Right cannot give a just Title to Dominion. If a Man invades my Property, he becomes an Aggressor, and puts himself into a State of War with me: I have a Right to oppose this Invader; If I have not Strength to repel him, I must submit, but he acquires no Right to my Estate which he has usurped. Whenever I recover Strength I may renew my Claim, and attempt to regain my Possession; if I am never strong enough, my Son, or his Son, may, when able, recover the natural Right of his Ancestor which has been unjustly taken from him. I hope I shall not be charged with Insolence, in delivering the Sentiments of an honest Mind with Freedom: I am speaking of the Rights of a People; Rights imply Equality in the Instances to which they belong, and must be treated without Respect to the Dignity of the Persons concerned in them. If ” the British Empire in Europe and in America is the fame Power,” if the ” Subjects in both are the fame People, and all equally participate in the Adversity and Prosperity of the Whole,” what Distinctions can the Difference of their Situations make, and why is this Distinction made between them? Why is the Trade of the Colonies more circumscribed than the Trade of Britain? And why are Impositions laid upon the one which are not laid upon the other? If the Parliament ” have a Right to impose Taxes of every Kind upon the Colonies,” they ought in Justice, as the fame People, to have the fame Sources to raise them from: Their Commerce ought to be equally free with the Commerce of Britain, otherwise it will be loading them with Burdens at the same Time that they are deprived of Strength to sustain them; it will be forcing them to make Bricks without Straw. I acknowledge the Parliament is the sovereign legislative Power of the British Nation, and that by a full Exertion of their Power they can deprive the Colonists of the Freedom and other Benefits of the British Constitution which have been secured to them by our Kings; they can abrogate all their civil Rights and Liberties; but by what Right is it that the Parliament can exercise such a Power over the Colonists, who have as natural a Right to the Liberties and Privileges of English men as if they were actually resident within the Kingdom? The Colonies are subordinate to the Authority of Parliament; subordinate I mean in Degree, but not absolutely so: For if by a Vote of the British, Senate the Colonists were to be delivered up to the Rule of a French or Turkish Tyranny, they may refuse Obedience to such a Vote, and may oppose the Execution of it by Force. Great is the Power of Parliament, but, great as it is, it cannot, constitutionally, deprive the People of their natural Rights; nor, in Virtue of the same Principle, can it deprive them of their civil Rights, which are founded in Compact, without their own Consent. There is, I confess, a considerable Difference between these two Cases as to the Right of Resistance: In the first, if the Colonists should be dismembered from the Nation by Act of Parliament, and abandoned to another Power, they have a natural Right to defend their Liberties by open Force, and may lawfully resist; and, if they are able, repel the Power to whose Authority they are abandoned. But in the other, if they are deprived of their civil Rights, if great and manifest Oppressions are imposed upon them by the State on which they are dependent, their Remedy is to lay their Complaints at the Foot of the Throne, and to suffer patiently rather than disturb the publick Peace, which nothing but a Denial of Justice can excuse them in breaking. But if this Justice should be denied, if the most humble and dutiful Representations should be rejected, nay not even deigned to be received, what is to be done? To such a Question Thucydides would make -the Corinthians reply, that if ” a decent and condescending Behavior is shown on the Part of the Colonies, it would be base in the Mother State to press “too far on such Moderation:” And he would make the Corcyreans answer, that ” every Colony, whilst used in a proper Manner, ought to pay Honour and Regard to its Mother State; but, when treated with Injury and Violence, is become an Alien. They “were not sent out to be the Slaves, but to be the Equals of those that remain behind.” But, according to your Scheme, the Colonies are to be prohibited from uniting in a Representation of their general Grievances to the common Sovereign. This Moment “the British Empire in Europe and in America “is the fame Power; its Subjects in both are the fame People; each is equally important to the other, and mutual Benefits, mutual Necessities, cement their Connexion.” The next Moment ” the Colonies are unconnected with each other, different in their Manners, opposite in their Principles, and clash in their Interests and in their Views, from Rivalry in Trade, and the Jealousy of Neighborhood. This “happy Division, which was effected by Accident, is to be continued throughout by Design; and all Bond of Union between them” is excluded from your vast System. Divide et Imperia is your Maxim in Colony Administration, left “an Alliance should be “formed dangerous to the Mother Country.” Ungenerous Insinuation! detestable Thought! abhorrent to every Native of the Colonies! who, by an Uniformity of Conduct, have ever demonstrated the deepest Loyalty to their King, as the Father of his People, and an unshaken Attachment to the Interest of Great Britain. But you must entertain a most despicable Opinion of the Understandings of the Colonists to imagine that they will allow Divisions to be fomented between them about inconsiderable Things, when the closest Union becomes necessary to maintain in a constitutional Way their dearest Interests. Another Writer, fond of his hew System of placing Great Britain as the Centre of Attraction to the Colonies, fays that “they must be guarded against having or forming any Principle of Coherence with each other above that whereby they cohere in the Centre; having no other Principle of Intercommunication between each other than that by which they are in “joint Communication with Great Britain, as the common Centre of all. At the fame Time that they are each, in their respective Parts and Subordinations, so framed as to be acted by this first Mover, they should always remain incapable of any Coherence, or of so conspiring amongst themselves as to create any other equal Force which might recoil- back on this first Mover; nor is it more necessary to preserve the several Governments subordinate within their respective Orbs than it is essential to the Preservation “of the Empire to keep them disconnected and independent of each other.” But how is this ” Principle of Coherence,” as this elegant Writer calls it, between the Colonies, to be prevented? The Colonies upon the Continent of North America lie united to each other in one Tract of Country, and are equally concerned to maintain their common Liberty. If he will attend then to the Laws of Attraction in natural as well as political Philosophy, he will find that Bodies in Contact, and cemented by mutual Interests, cohere more strongly than those which are at a Distance, and have no common Interests to preserve. But this natural Law is to be destroyed; and the Colonies, whose real Interests are the same, and therefore ought to be united in the closest Communication, are to be disjoined, and all intercommunication between them prevented. But how is this System of Administration to be established? Is it to be done by a military Force, quartered upon private Families? Is it to be done by extending the Jurisdiction of Courts of Admiralty, and thereby depriving the Colonists of legal Trials in the Courts of common Law? Or is it to be done by harassing the Colonists, and giving overbearing Tax gatherers an Opportunity of ruining Men, perhaps better Subjects than themselves, by dragging – them from one Colony to another, before Prerogative Judges, exercising a despotic Sway in Inquisitorial Courts? Oppression has produced very great and unexpected Events: The Helvetick Confederacy, the States of the United Netherlands, are Instances in the Annals of Europe of the glorious Actions a petty People, in Comparison, can perform when united in the Cause of Liberty. May the Colonies ever remain under a constitutional Subordination to Great Britain! It is their Interest to live under such a Subordination; and it is their Duty, by an Exertion of all their Strength -and Abilities, when called upon by their common Sovereign, to advance the Grandeur and the Glory of the Nation. May the Interests of Great Britain and her Colonies be ever united so as that whilst they are retained in a legal and just Dependence no unnatural or unlimited Rule may be exercised over them; but that they may enjoy the Freedom, and other Benefits of the British Constitution, to the latest Page in History! I flatter myself, by what has been said, your Position of a virtual Representation is sufficiently refuted; and that there is really no such Representation known in the British Constitution, and consequently that the Colonies are not subject to an internal Taxation by Authority of Parliament. I could extend this Inquiry to a much greater Length, by examining into the Policy of the late Acts of Parliament, which impose heavy and severe Taxes, Duties, and Prohibitions, upon the Colonies; I could point out some very disagreeable Consequences, respecting the Trade and Manufacturers of Britain, which must necessarily result from these Acts; I could prove that the Revenues arising from the Trade of the Colonies, and the Advantage of their Exports to Great Britain in the Balance of her Trade with foreign Nations, exceed infinitely all the Expense she has been at, all the Expense she can be at, in their Protection; and perhaps I could show that the Bounties given upon some Articles exported from the Colonies were not intended, primarily, as Instances of Attention to their Interest, but arose as well from the Consideration of the disadvantageous Dependence of Great Britain upon other Nations for the principal Articles of her naval Stores, as from her losing Trade for those Articles; I could demonstrate that these Bounties are by no Means adequate to her Savings in such foreign Trade, if the Articles upon which they are given can be procured from the Colonies in Quantities sufficient to answer her Consumption; and that the Excess of these Savings is so much clear Profit to the Nation, upon the Supposition that these Bounties are drawn from it; but, as they will remain in it, and be laid out in its Manufactures and Exports, that the whole Sum which used to be paid to Foreigners for the Purchase of these Articles will be saved to the Nation. I say I could extend my Inquiry, by examining these several Matters; but as the Subject is delicate, and would carry me to a great Length, I shall leave them to the Reader’s own Reflection. Source: https://www.newrivernotes.com/an-inquiry-into-the-rights-of-the-british-colonies/

  • Virginia Resolution to Fast and Pray for Boston

    Resolution of the House of Burgesses Designating a Day of Fasting and Prayer Tuesday, the 24th of may, 14 geo. iii. 1774. This House being deeply impressed with Apprehension of the great Dangers to be derived to British America, from the hostile Invasion of the City of Boston, in our Sister Colony of Massachusetts Bay, whose Commerce and Harbour are on the 1st Day of June next to be stopped by an armed Force, deem it highly necessary that the said first Day of June be set apart by the Members of this House as a Day of Fasting, Humiliation, and Prayer, devoutly to implore the divine Interposition for averting the heavy Calamity, which threatens Destruction to our civil Rights, and the Evils of civil War; to give us one Heart and one Mind firmly to oppose, by all just and proper Means, every Injury to American Rights, and that the Minds of his Majesty and his Parliament may be inspired from above with Wisdom, Moderation, and Justice, to remove from the loyal People of America all Cause of Danger from a continued Pursuit of Measures pregnant with their Ruin. Ordered, therefore, that the Members of this House do attend in their Places at the Hour of ten in the Forenoon, on the said 1st Day of June next, in Order to proceed with the Speaker and the Mace to the Church in this City for the Purposes aforesaid; and that the Reverend Mr. Price be appointed to read Prayers, and the Reverend Mr. Gwatkin to preach a Sermon suitable to the Occasion. Ordered, that this Order be forthwith printed and published. By the House of Burgesses. George wythe, c. h. b. Source: https://founders.archives.gov/documents/Jefferson/01-01-02-0082

  • Beauties of Liberty

    December 3, 1772 To the Right-Honourable the Earl of Dartmouth My Lord, When I view the original right, power and charter, confirm'd, sealed, and ratified to the province, or inhabitants of Rhode-Island, and its standing in full force, and unrepealed for more than an hundred years, which is as follows: "Be it enacted, that no freeman, shall be taken, or imprisoned, or deprived of his freehold, or liberty, or free custom, or be out-law'd, or exil'd, or otherwise destroy'd, nor shall be oppressed, judged or condemned, but by the law of this colony. And that no man of what state or condition soever, shall be put out of his lands or tenements, nor taken, nor imprisoned, nor disinherited, nor banished (observe this my Lord), nor any ways destroy'd, or molested, without being, for it, brought to answer, by a due course of law of this colony": Methinks, that even your Lordship, will not blame them if they stand fast in the liberty wherein they were made free. As a fly, or a worm, by the law of nature has as great a right to liberty, and freedom (according to their little sphere in life), as the most potent monarch upon the earth: And as there can be no other difference between your Lordship, and myself, but what is political, I therefore without any further apology, take leave to ask your Lordship, whether any one that fears God, loves his neighbour as himself (which is the true scripture-mark of a christian), will oppress his fellow-creatures? If they will, where are the beauties of Christianity? Not to be seen in this life, however they may be seen in the next. I have seen what is said to be an authenticated copy of your Lordship's letter to the governor of Rhode-Island, in which there are such dictations, directions, and possitive commands, to oppress, with tyranny, a free people, which is inconsistent with a good man, or a Christian to have any concern or agency therein. The law of God directs us to do unto others, as we would they should do unto us. And knowing that your Lordship is well acquainted with the divine oracles, having had the honour to dine at your Lordship's seat, in Staffordshire, and was, when in England, personally acquainted with Mr. Wright, your Lordship's steward, and with the good and pious character your Lordship bears, I therefore take this leave (as a fellow-christian, as one that loves, as the highest happiness of his existence, the beauties, spirit, and life of Christianity), to ask your Lordship, how your Lordship would like to have his birth-right, liberty and freedom, as an Englishman, taken away by his king, or by the ministry, or both? Would not your Lordship immediately say, it was tyranny, oppression and distruction, by a dispotic power? Would not your Lordship be ready to alarm the nation, and point out the state upon the brink of distruction? My Lord, Are not the liberties of the Americans as dear to them as those of Britons? Suppose your Lordship had broke the laws of his king, and country; would not your Lordship be willing to be try'd by a jury of your peers, according to the laws of the land? How would your Lordship like to be fetter'd with irons, and drag'd three thousand miles, in a hell upon earth? No! but in a hell upon water,* to take your trial? is not this contrary to the spirit of the law, and the rights of an Englishman? Yet thus you have given direction, as the king's agent or the agent of the ministry to destroy the rights and laws of the Americans. How your Lordship can answer for this agency of injustice before God, and man, will be very difficult: However, if great men, and good men, and Christians can dare to do such things as these (when in power), heaven grant that I may have an acquaintance with them in this world; or if they have any power in heaven, not in the world to come; for I think, my Lord, that such men, who will take away the rights of any people, are neither fit for heaven; nor earth, neither fit for the land or the dunghil. Your Lordship lets us know that the case of burning the Gaspee schooner has been laid before the law servants of the crown, and that they make the crime of a deeper die than piracy, namely, an act of high treason, and levying a war against the king. Well my Lord, and supposing this to be the case, are not the Rhode-Islanders subjects to the king of Great-Britain? Has not the king his attorney, his courts of judicatory to decide matters between the king and the subjects? Why then must there be new courts of admiralty erected to appoint and order the inhabitants to be confin'd, and drag'd away three thousand miles, from their families, laws, rights and liberties, to be tried by their enemies? Do you think my Lord, this is right in the sight of God and man? I think if the Rhode-Islanders suffer this infringement of their liberties, granted them by their charter, from the king of England, any place out of hell is good enough for them, for was there ever such cruelty, injustice and barbarity ever united against free people before, and my Lord Dartmouth to have an hand in it, from whom we might rather have expected mildness, mercy, and the rights of the people supported. Your Lordship's letter frequently reminds us that this destructive authority (to destroy the lives and liberties of the people), is his majesty's will and pleasure. How far his majesty may be influenc'd and dictated by his ministry I will not take upon me to say, but that it is his majesty's will and pleasure of his own mind and consent, I will not believe a word of it, for his majesty is a person of more tenderness and understanding, than to attempt such tyranny, besides, his attempt to destroy the rights of the people—destroys his right as king to reign over them, for according to his coronation oath, he has no longer a right to the British crown or throne, than he maintains inviolable firm the laws and rights of the people. For violating the people's rights, Charles Stewart, king of England, lost his head, and if another king, who is more solemnly bound than ever Charles Stewart, was, should tread in the same steps, what can he expect? I reverence and love my king, but I revere the rights of an Englishman before the authority of any king upon the earth. I distinguish greatly between a king and a tyrant, a king is the guardian and trustee of the rights and laws of the people, but a tyrant destroys them. Besides my Lord, the inhabitants of America know as well as the people of England, that the people are the right and foundation of power and authority, the original seat of majesty—the author of laws, and the creators of officers to execute them. And if at any time they shall find the power they have conferred abused by their trustees, their majesty violated by tyranny, or by usurpation, their authority prostituted to support violence, or skreen corruption, the laws grown pernicious through accidents unforeseen, or rendered ineffectual through the infidelity of the executors of them. Then it is their right, and what is their right is undoubtedly their priviledge and duty (as their essential power and majesty), to resume that delegated power and authority they intrusted them with, and call their trustees to an account; to resist the usurpation, and extirpate the tyranny; to restore their sullied majesty and their prostituted authority; to suspend, alter or abrogate those laws, and punish the unfaithful and corrupt officers. Nor is it the duty only of the united body, but every member of it ought, according to his respective rank, power and weight in the community, to concur in advancing those glorious designs . . . This is, my Lord, the happy constitution of England; the power, right and majesty of the people which has been frequently recognized and established. By which majesty, right and power, kings are made, and unmade by the choice of the people; and laws enacted, and annulled only by their own consent, in which none can be deprived of their property, abridged of their freedom, or forfeit their lives without an appeal to the laws, and the verdict of their peers or equals. My Lord, as this is according to the laws of England, the liberty, priviledge and power of his majesty's subjects in Great-Britain, why not then the priviledge of his majesty's subjects in America? has his majesty (as it all seems to be laid upon him) two kind of laws, one for England and the other for America? a power to reign as king and guardian of his people's rights at home, and a power to destroy the rights of the colonies abroad? I really don't understand it my Lord, if he has no right to do it, why do you say he does? This is using his majesty cruel. However somebody does it, your Lordship says it is his majesty with his privy counsel, the latter I rather think. However, be it who it will, whether the king, ministry, or Parliament, they have no more right to do it, than they have to cut your Lordship's throat. Has not your Lordship a right to oppose any power that may assault your Lordship's person, right or priviledge, without its being deemed rebellion against the king and state? Yes, sure you have! Then surely my Lord an American has the same right to oppose every usurping power (let it be from whom it will), that assaults his person, or deprives him of his own law or liberty as an American. Has he offended? yes! Is he willing to be tried by his own laws? yes! Then, that man, that king, that minister of state, be who he will, is worse than a Nero tyrant that shall assume to drag him three thousand miles to be tried by his enemies. Besides my Lord, what is rebellion? if I understand it right, they are persons rising up with an assumed authority and power to act, dictate and rule in direct violation to the laws of the land—I believe my Lord, I am right here, for this reason, your G-ne-al F——c, and your G———r T——n, when in North-Carolina, thought so, and like cruel blood-thirsty savages, murdered mankind for thinking that they had a right to oppose any power that attempted to destroy their liberties. This was my Lord a cruel barbarous slaughter of mankind. However, if it was deemed rebellion in them, and they were treated as rebels, because they (as the ministry said) broke the laws of the government of the province; then surely it follows, that the k—g's m——y, and P—t, must be rebels, to God, and mankind, in attempting to overthrow (by guns, by swords, and by the power of war), the laws, and government of Rhode-Island. Have not the Rhode-Islanders as much right to the privileges of their own laws, as the king of England has to his crown? sure they have! Then surely, that man must be a tyrant in his soul, that shall deem it rebellion in the Rhode-Islanders, supposing they should kill every man, that shall attempt to destroy their laws, rights and liberties. It is true my Lord, the Gaspee schooner is destroyed, and thereby the laws of England are violated (as you apprehend), by Indians out of the woods, or by Rhode-Islanders, I cannot say who; but it is a query with me my Lord, whether there is any law broke in burning the Gaspee schooner; if it was done by the Indians (which is the current report) then there is no law broke; for the scripture says, "where there is no Law, there is no transgression." And it is well known, that the Indians were never under any law to the English; did I say, they were never under any law to the English, heaven forgive me! I mean my Lord no other law than the sword and bayonet; the same law that some would fain bring the Americans under now. But suppose my Lord, that this deed was done by the Rhode-Islanders, the query is still with me—whether there is any transgression committed? the scripture says, where there is no Law, there is no transgression: Now, the question is, Do the Rhode-Islanders receive their laws from England? If so, there is a transgression committed against those laws, but if not, there is no transgression, says St. James. For my part, I cannot see how any man in America, can properly break the laws of England. The whole lies here, the laws of America only are broke, let the offender then be tried by the law he has broke, What can justice, I had almost said tyranny desire more: However my Lord, there is no other idea arises in my mind (and it is no wonder, for the Bostonians are very notional), which is, if there is any law broke, it is the king and the ministry who have broke it; for I would be glad to know my Lord, what right the king and ministry has to send an armed schooner to Rhode-Island, to take away the property of the people, any more than they have to send an armed schooner into Brest, and demand the property of France? Know this, that the king of England has no more right, according to the laws of God and nature, to claim the lands of America, than he has the lands of France—America, my Lord, in the native rights of the Americans, it is the blood-bought treasure of their forefathers; and they have the same essential right to their native laws, as they have to the air they breathe in, or to the light of the morning, when the sun rises; and therefore they who oppress the Americans must be as great enemies to the rights of the laws of nature, as they who would (if it were in their power) vail the light of the sun from the universe. Remember my Lord, the Americans have a priviledge to boast of above all the world. They never were in bondage to any man, and therefore it is more for them to give up their rights into the hands of the Turks; consider what English tyranny their forefathers fled from, what seas of distress they met with, what savages they fought with, what blood-bought treasures, as the dear inheritance of their lives, they have left to their children, and without any aid from the king of England; and yet after this, these free-born people must be counted rebels, if they will not loose every right of liberty, which their forefathers bought, with their blood, and submit again to English ministerial tyranny—O America! O America! My Lord, I hope I need not remind your Lordship of the enquiry that the divine Messiah made to Peter, when they required a tax, or tribute, from him. Of whom, says Christ, to Peter, do they gather tax, or tribute, of the children, or of strangers? And Peter said of strangers. Then, says Christ, the children are free. Now, the Gaspee schooner, my Lord, was a stranger; and they should, if it was in their commission, have gathered tax from strangers: But instead of which, they would have gathered it from the children. They forgot that the children were free: Therefore, my Lord, must it certainly be, that the Gaspee schooner has committed the transgression, & broke the laws, of the freedom of this country. No doubt, my Lord, but they have a right to tax the strangers, that come to dwell in their country; but to tax the children, which are free in their own native country, this will not do! Nature forbids it; the law of God condemns it. And no law, but that of tyranny, can desire it. And therefore it was, my Lord, that the children (who are by the law of God, and the law of nature free), looked upon the Gaspee-schooner as a stranger, as such they treated her; but when the stranger attempted to gather tax of the children who are free then they looked upon her, as a pirate, who took away their property without their consent, by violence, by arms, by guns, by oaths and damnations: This they thought looked so like piracy, that the children did not like it; and they thought their behavior as strangers, was very unpolite, that they could not so much as pass by these strangers, but the children must bow to them, and come to them; this, the children being free, did not like, and they thought it was best for the children, and the strangers, all to be free: And therefore, one night, my Lord, they went and set the strangers (who, by the way, were all prisoners), free—free upon the face of the whole earth; and then to preserve them free, they burnt their prison. Now, my Lord, would it not be hard to hang these poor men for it? However, If there is any law broke, it is this, that the Gaspee schooner, by the power of the English ministry and admiralty, have broke the laws, and taken away the rights of the Americans. And yet the Americans must be punish'd for it, contrary to their own laws. O! Amazing! I would be glad to know my Lord, what right the king of England has to America? it cannot be an hereditary right, that lies in Hanover, it cannot be a parliamentary right that lies in Britain, not a victorious right, for the king of England never conquered America. Then he can have no more right to America, than what the people have, by compact, invested him with, which is only a power to protect them, and defend their rights civil and religious; and to sign, seal, and confirm, as their steward, such laws as the people of America shall consent to. If this be the case, my Lord, then judge whether the king of England and the ministry are not the trangressors in this affair, in sending armed schooners to America, to steal by power and sword the people's property. And if any are to be try'd for law-breakers, it surely ought, in justice, to be them. But the people of America act my Lord very honest in the affair, they are willing to give and take, to give the English offenders the liberty to be try'd by their own laws, and to take the same liberty wherein they have offended to be tried by their own laws, as the king of England has to his crown, or that the natives of Britain has to the rights of an Englishman—consider then, my Lord, how cruel, how unjust, how unanswerable before God and man it must be, by any violence and power to destroy the rights of the Americans. My Lord, the close of your Lordship's letter, is such that it is enough to make the blood of every vein stand stagnated as a testimony against ministerial bloody power. It not only gives a right to every American to be angry, but to be incensed against your lordship, wherein you tell the governor of Rhode-Island, that it is his majesty's pleasure, that General Gage, hold the troops in readiness to assist this assumed court of admiralty, to destroy the rights of the people. What my Lord, is bloody Bonner's days so near America! O America! O America! What, the blood-power of the sword and death to aid civil magistrates to destroy the people's rights? Stop a little my Lord, give a little breathing time—for it is a solemn thing to die. I wonder your Lordship's knees did not smite together, when as the king's, or ministerial agent, you wrote this authority, how a good man, a christian, and one that fears God, can be an agent not only to destroy the rights of a people, but to oppress them; with the military power of blood and death, is enough to make the earth to reel, and all heaven to stand aghast! Be astonish'd O ye heavens at this! I hope, my Lord, you do not intend to renew that bloody, barbarous assassination in America which I saw the Scotch barbarian troops thro' the orders of Lord B——n and Lord W———h spread in St. George's fields, remember the blood of young Allen cries to heaven for vengeance in their face, and a louder voice than Abel's blood, which cry'd to heaven for vengeance, is still heard in Boston streets, against a bloody military power, and tho' the murderers escaped by a scene well known to some, but too dark to explain—yet the God of truth and justice stands at the door. Supposing my Lord, that the Rhode-Islanders, for the sake of blood bought liberties of their forefathers, for the sake of the birthrights of their children, should shew a spirit of resentment against a tyrannical arbitrary power that attempts to destroy their lives, liberties and property, would it not be unsufferable, cruel, for this (which the law of nature and nations teaches them to do) to be butchered, assassinated and slaughtered in their own streets by their king? Consider, my Lord, that we must all appear before the judgment seat of Christ, and that it would be a cold cordial for your Lordship, at the bar of God, to have thousands of Americans rise up in judgment against you. Yet I would rather this was the case, tho' I suffer'd death with them, than they should lose their essential rights as Americans. But it may be meet to let your Lordship know, that if the Americans unite (as there seems a good prospect of it) to stand as a band of brethren for their liberties, they have a right, by the law of God, of nature, and of nations, to reluct at, and even to resist any military and marine force, surely they must be intended in readiness for the French, and not for Americans, for can it ever enter into the heart of a mother to murder her children? of a king to kill his subjects? of an agent to destroy the rights of the colonies he represents? But suppose my Lord, that this should be the bloody intent of the ministry, to make the Americans subject to their slavery, then let blood for blood, life for life, and death for death decide the contention. This bloody scene can never be executed but at the expence of the destruction of England, and you will find, my Lord, that the Americans will not submit to be slaves, they know the use of the gun, and the military art, as well as any of his majesty's troops at St. James's, and where his majesty has one soldier, who art in general the refuse of the earth, America can produce fifty, free men, and all volunteers, and raise a more potent army of men in three weeks, than England can in three years. But God forbid that I should be thought to aim at rouzing the Americans to arms, without their rights, liberties and oppression call for it. For they are unwilling to beat to arms, they are loyal subjects; they love their king; they love their mother-country; they call it their home; and with nothing more than the prosperity of Britain, and the glory of their king: But they will not give up their rights; they will not be slaves to any power upon earth. Therefore, my Lord, as a peace-maker; as their agent; as their friend; lay their grievances before their king. Let the Americans enjoy their birthright blessings, and Britain her prosperity, let there be a mutual union between the mother and her children, in all the blessings of life, trade and happiness; then, my Lord, both Britons, and Americans, will call you blessed. Wishing, from my heart, the inviolable preservation of the rights and liberties of the Americans, and the growing happiness of England: I am, my Lord his Majesty's loyal subject, and your Lordship's dutiful servant, A British Bostonian

  • Virginia Resolves Against the Townshend Acts

    Passed May 16, 1769 Resolved, That it is the Opinion of this Committee, that the sole Right of imposing Taxes on the Inhabitants of this his Majesty’ s Colony and Dominion of Virginia, is now, and ever hath been, legally and constitutionally vested in the House of Burgesses, lawfully convened according to the ancient and establish Practice, with the Consent of the Council, and of his Majesty, the King of Great-Britain, or his Governor, for the Time being. Resolved, That it is the Opinion of this Committee, that it is the undoubted Privilege of the Inhabitants of this Colony, to petition their Sovereign for Redress of Grievances; and that it is lawful and expedient to procure the Concurrence of his Majesty’s other Colonies, in dutiful Addresses, praying the royal Interposition in Favour of the Violated Rights of America. Resolved, That it is the Opinion of this Committee, that all Trials for Treason, Misprison of Treason, or for any Felony or Crime whatsoever, committed and done in this his Majesty’s said Colony and Dominion, by any Person or Persons, residing in this Colony, suspected of any Crime whatsoever, committed therein, and sending such Person, or Persons, to Places beyond the Sea, to be tried, is highly derogatory of the Rights of BritishSubjects; as thereby the inestimable Privilege of being tried by a Jury from the Vicinage, as well as the Liberty of summoning and producing Witnesses on such Trial, will be taken away from the Party accused. Resolved, That it is the Opinion of this Committee, that an humble, dutiful, and loyal Address, be presented to his Majesty, to assure him of our inviolable Attachment to his sacred Person and Government; and to beseech his royal Interposition, as the Father of all his people, however remote from the Seat of his Empire, to quiet the Minds of his loyal Subjects of this Colony, and to avert from them, those Dangers and Miseries which will ensue, from the seizing and carrying beyond Sea, any Person residing in America, suspected of any Crime whatsoever, to be tried in any other Manner, than by the ancient and long established Course of Proceeding.

  • Virginia Nonimportation Agreement

    Virginia Nonimportation Resolutions, 1769 (Virginia Association) WILLIAMSBURG. WEDNESDAY, THE 17TH MAY, 1769. About 12 o’Clock his Excellency the Governor was pleased, by his Messenger, to command the Attendance of the House of Burgesses in the Council Chamber, whereupon, in Obedience to his Lordship’s Command, the House, with their Speaker, immediately waited upon his Excellency, when he thought fit to dissolve the General Assembly. The late Representatives of the People then judging it necessary that some Measures should be taken in their distressed Situation, for pre-serving the true and essential Interests of the Colony, resolved upon a Meeting for that very salutary Purpose, and therefore immediately, with the greatest Order and Decorum, repaired to the House of Mr. Anthony Hay in this City, where being assembled, it was first proposed, for the more decent and regular Discussion of such Matters as might be taken into Consideration, that a Moderator should be appointed, and, on the Question being put, Peyton Randolph, Esq; late Speaker of the House of Burgesses, was unanimously elected. The true State of the Colony being then opened and fully explained, and it being proposed that a regular Association should be formed, a Committee was appointed to prepare the necessary and most proper Regulations for that Purpose, and they were ordered to make their Report to the General Meeting the next Day at 10 o’Clock. THURSDAY, MAY 18. At A farther Meeting, according to Adjournment, the Committee appointed Yesterday, made their Report, which being read, seriously considered, and approved, was signed by a great Number of the principal Gentlemen of the Colony then present, and is as follows: We his Majesty’s most dutiful Subjects, the late Representatives of all the Freeholders of the Colony of Virginia, avowing our inviolable and unshaken Fidelity and Loyalty to our most gracious Sovereign, our Affection for all our Fellow Subjects of Great-Britain; protesting against every Act or Thing, which may have the most distant Tendency to interrupt, or in any wise disturb his Majesty’s Peace, and the good Order of his Government in this Colony, which we are resolved, at the Risque of our Lives and Fortune, to maintain and defend; but, at the same Time, being deeply affected with the Grievances and Distresses, with which his Majesty’s American Subjects are oppressed, and dreading the Evils which threaten the Ruin of ourselves and our Posterity, by reducing us from a free and happy People to a wretched and miserable State of Slavery; and having taken into our most serious Consideration the present State of the Trade of this Colony, and of the American Commerce in general, observe with Anxiety, that the Debt due to Great-Britain for Goods imported from thence is very great, and that the Means of paying this Debt, in the present Situation of Affairs, are likely to become more and more precarious; that the Difficulties, under which we now labour, are owing to the Restrictions, Prohibitions, and ill advised Regulations, in several late Acts of Parliament of Great-Britain, in particular, that the late unconstitutional Act, imposing Duties on Tea, Paper, Glass, &c. for the sole Purpose of raising a Revenue in America, is injurious to Property, and destructive to Liberty, hath a necessary Tendency to prevent the Payment of the Debt due from this Colony to Great-Britain, and is, of Consequence, ruinous to Trade; that, notwithstanding the many earnest Applications already made, there is little Reason to expect a Redress of those Grievances; Therefore, in Justice to ourselves and our Posterity, as well as to the Traders of Great-Britain concerned in the American Commerce, we, the Subscribers, have voluntarily and unanimously entered into the following Resolutions, in Hopes that our Example will induce the good People of this Colony to be frugal in the Use and Consumption of British Manufactures, and that the Merchants and Manufacturers of Great-Britain may, from Motives of Interest, Friendship, and Justice, be engaged to exert themselves to obtain for us a Redress of those Grievances, under which the Trade and Inhabitants of America at present labour; We do therefore most earnestly recommend this our Association to the serious Attention of all Gentlemen, Merchants, Traders, and other Inhabitants of this Colony, in Hopes, that they will very readily and cordially accede thereto. First, It is unanimously agreed on and resolved this 18th Day of May, 1769, that the Subscribers, as well by their own Example, as all other legal Ways and Means in their Power, will promote and encourage Industry and Frugality, and discourage all Manner of Luxury and Extravagance. Secondly, That they will not at any Time hereafter, directly or indirectly import, or cause to be imported, any Manner of Goods, Merchandize, or Manufactures, which are, or shall hereafter be taxed by Act of Parliament, for the Purpose of raising a Revenue in America (except Paper, not exceeding Eight Shillings Sterling per Ream, and except such Articles only, as Orders have been already sent for) nor purchase any such after the First Day of September next, of any Person whatsoever, but that they will always consider such Taxation, in every Respect, as an absolute Prohibition, and in all future Orders, direct their Correspondents to ship them no Goods whatever, taxed as aforesaid, except as is above excepted. Thirdly, That the Subscribers will not hereafter, directly or indirectly, import or cause to be imported from Great-Britain, or any Part of Europe (except such Articles of the Produce or Manufacture of Ireland as may be immediately and legally brought from thence, and except also all such Goods as Orders have been already sent for) any of the Goods herein after enumerated, viz. Spirits, Wine, Cyder, Perry, Beer, Ale, Malt, Barley, Pease, Beef, Pork, Fish, Butter, Cheese, Tallow, Candles, Oil, Fruit, Sugar, Pickles, Confectionary, Pewter, Hoes, Axes, Watches, Clocks, Tables, Chairs, Looking Glasses, Carriages, Joiner’s and Cabinet Work of all Sorts, Upholstery of all Sorts, Trinkets and Jewellery, Plate and Gold, and Silversmith’s Work of all Sorts, Ribbon and Millinery of all Sorts, Lace of all Sorts, India Goods of all Sorts, except Spices, Silks of all Sorts, except Sewing Silk, Cambrick, Lawn, Muslin, Gauze, except Boulting Cloths, Callico or Cotton Stuffs of more than Two Shillings per Yard, Linens of more than Two Shillings per Yard, Woollens, Worsted Stuffs of all Sorts of more than One Shilling and Six Pence per Yard, Broad Cloths of all Kinds at more than Eight Shillings per Yard, Narrow Cloths of all Kinds at more than Three Shillings per Yard, Hats, Stockings (Plaid and Irish Hose excepted) Shoes and Boots, Saddles, and all Manufactures of Leather and Skins of all Kinds, until the late Acts of Parliament imposing Duties on Tea, Paper, Glass, &c. for the Purpose of raising a Revenue in America, are repealed, and that they will not, after the First of September next, purchase any of the above enumerated Goods of any Person whatsoever, unless the above mentioned Acts of Parliament are repealed. Fourthly, That in all Orders, which any of the Subscribers may hereafter send to Great-Britain, they shall, and will expressly direct their Correspondents not to ship them any of the before enumerated Goods, until the before mentioned Acts of Parliament are repealed; and if any Goods are shipped to them contrary to the Tenor of this Agreement, they will refuse to take the same, or make themselves chargeable therewith. Fifthly, That they will not import any Slaves, or purchase any imported, after the First Day of November next, until the said Acts of Parliament are repealed. Sixthly, That they will not import any Wines of any Kind whatever, or purchase the same from any Person whatever, after the First Day of September next, except such Wines as are already ordered, until the Acts of Parliament imposing Duties thereon are repealed. Seventhly, For the better Preservation of the Breed of Sheep, That they will not kill, or suffer to be killed, any Lambs, that shall be yeaned before the First Day of May, in any Year, nor dispose of such to any Butcher or other Person, whom they may have Reason to expect, intends to kill the same. Eighthly and Lastly, That these Resolves shall be binding on all and each of the Subscribers, who do hereby each and every Person for himself, upon his Word and Honour, agree that he will strictly and firmly adhere to and abide by every Article in this Agreement, from the Time of his signing the same, for and during the Continuance of the before mentioned Acts of Parliament, or until a general Meeting of the Subscribers, after one Month’s public Notice, shall determine otherwise, the second Article of this Agreement still and for ever continuing in full Power and Force. Peyton Randolph,Thomson Mason,David Mason,Robert Carter Nicholas,Josias Payne, jun.William Macon, jun.Burwell Basset,Hugh Innes,Richard Bland,Richard Anderson,Bolling Stark,Archibald Cary,James Scott, jun.Robert Bolling,Richard Henry Lee,John Green,Paul Carrington,Charles Carter, Lancaster.Wilson Miles Cary,Thomas Walker,Gabriel Jones,William Cabell, jun.George Washington,Willis Riddick,Nathaniel Edwards, jun.Carter Braxton,Thomas Glascock,Severn Eyre,John Woodson,Robert Rutherford,Richard Randolph,Benjamin Howard,Thomas Barbour,Patrick Henry, jun.Isaac Read,Charles Lynch,Peter Johnston,Foushee Tebbs,James Hamilton,Henry Lee,Edward Osborne,John Wilson, Augusta.Nathaniel Terry,Francis Peyton,William Clayton,Thomas Whiting,Abraham Hite,Robert Munford, Mecklenburg.Thomas Jefferson,James Wood,Thomas Nelson, jun.Richard Baker,Thomas Bailey,James Walker,Edwin Gray,Thomas Scott,John Alexander,Robert Munford, Amelia.Lewis Burwell,Champion Travis,John Harmanson,George Ball,Henry Taylor,Thomas Parramore,Thomas Harrison,Joseph Cabell,John Donelson,Thomas Claiborne,Alexander Tren[t],Cornelius Thomas,John Blair, jun.John Mayo,Thomas Johnson, John Lewis, jun.Edward Hack Moseley, junPhilip Ludwell Grymes,William Roane,William A[crill]John Ackiss,Charles Carter, King George.Hartwell Cocke,James Bridger,John Talbot,David Meade,Richard Starke, Clerk to the association.Richard Lee,Southy Simpson,Joseph Hutchings,Peter Poythress,The Business being finished, the following toasts were drank, and the Gentlemen retired. The King. The Queen and Royal Family. His Excellency Lord Botetourt, and Prosperity to Virginia. A speedy and lasting Union between Great-Britain and her Colonies. The constitutional British Liberty in America, and all true Patriots, the Supporters thereof. Duke of Richmond.The late SpeakerEarl of ShelburneThe Treasurer of the colonyCol. BarreThe Farmer and MonitorIN compliance with the foregoing Invitation, we do most cordially accede and agree to the Association so laudably proposed; and in Testimony thereof have subscribed our Names this Day of 1769. William MatthisSamuel TatemRichard MeltonJas. LaneN: EllzeyWm. StanhopeTho. Gist.Travers NashWm. WalrondWm. GeorgeIsaac DavisSamuel BakerGeorge HeadonDaniel KincheloeJ. GwatkinAmos DavisJohn TerryRd. MiltonThos. Bird Source: https://founders.archives.gov/documents/Jefferson/01-01-02-0019

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