\^W\ 'U ? fS. *^ ' "'' I n\ '*» \^i ,' >«/ r 10 YALE UNIVERSITY LIBRARY -:\ ON THE . ^^ TRADE AND GOVERNMENT O F AMERICA; -. , A N i) T H'fe Ip 4 I n c I p l e s O F LAW AND P O L I T Tj APPLIED to THE AMERICAN COLONIES. Written by GOVERNOR BERNARD, at BOSTON^ In the Years 1763, 4, 5, 6, 7* and 8. "¦'. Now firft publiflied; To wluch are added [The Petition ofthe AffemWy of Massachuset's Bay « : ' againft the Governor, his Anfwer theretOj and the « ' Order of i^e KING in Council thereon. ' LONDON, ;f*rinted for T. PAYNE, at the Mews-Gate, St. Martin's, V MDCCL^XIV- \ [Price Two Shillings.] c i : PREFACE. 'TF^ H E letters 'Which are now fubmitted to the pub- ¦*• lie, Were Written between tihe years 1763 and 1768 by GovetTior Bernard, who was at that time go« vernor of Majfachufets Bay, and had a principal pai;^ in the proceedings which gave occafion for them. A Y\Xi\& before that Xixat an aSl of fifrliameni was paffed for raifeng money in America by a ftamp duty, aTid bringing it into tht! Exchequer of England; without due confide- ration being had of tlie Prafticability of fuch fcheme, or of the Propri-ety of it if it was prafticable. At this time Jmriea was juft; recovering Iierfelf from a war, ia which #ie had borne a principal and burdenfome paft ; and therefore was a very unfit fubjeft for a pre- fent Taxation^ But what flrauM have prevented a Taxation at that tJiiie was,,,:that her governing powers were ribt fitted or able to cafi'y' into execution that, orUfcj^- crdiflance of Parliament that, was [ike to be difputed. There was no fixed idea of the Relation between Great Britain and America; riot one of the Governments there had, what ^Qt a;ie of them fliquld have been withowt, a Parlia- a mentary C ii 3 mentary Conftitution. And tlierefore it is not to be woji- dered at, that when they were called upon to pay tnoney to the order of Parliament, they fliould anfwer, " We " know not what is .the Relation between you and us, " that authorifes you to raife money from us or' our « lands." And, indeed, it may afford caufe of wonder, that, in tlie courfe of. 156 ye^ts (for fo many 'a is at leaft. fince governments were firft confliflutedl in 4w.ric(i), th^re never has been a parliamentary fettjement of the Af^Cr rican Governments, oirany adjuftmSnt of the nature -jof the Subjeftiori, and the .Mode of fubofdination, that was diie to, or expefted from, the Z>e/ifK<^£'«X. governments to the Imperial ft,ate, Before the Revolution, this neg}e£|: is to be acconnted for ; the rights of government vp^rej .then nbt well underftood even in England:, and in Ame •rica they were Wholly mifcpnceived. The lands acquire ed by the EngUjh-.ihsrt, and the government of' then?, wefe fuppofed to be the abfoliite property of the '^ing^ and weredifpofed of accordingly. "J^it Parliament was fcarce allowed to have any thing to do witJi them, an^ interfered Very litde in their government. • But, at the Revqlufion, when the rights of Qovernr meat were well IRiderftqod and formally fettled ; wheri the power of Parliatjient \vas greatly enlarged, aud al- lov/ed td extend over all the E>ependencies of the Crown of Great Britain, as Well as its own Kingdom ; at that titae, aiid etQt fincg, it \i^% b.Egiqi ftn ^infiprtvinsi^^ oiQif- .' " Con [ iii ;] fi6n of policy^ that the conftitution of the Govetnmdnl'S of America were not fettled in Parliament, and the rights of the hnperial ftate over them acknowledged, with fuch iRegolations and Limitations a^ the federal natures of them* upon eonftitutional principles and good policy, ftiould require 5 jhat we might not^ at this time of day, when the Empire is fo greatly enlarged, and is ftill en- ereafing, be at a lofs for the Principles upon which the Connexion of its fubordinate Governments with the lin- ferial Hz-te may be beft prcferved> and the Union of tlie whole maintained and continued.' / But no care has been taken of this irtiportSrit buii- nefs ; and America has been left tb that nliferable fervj- tude where Law is uncertain and unknown.' Inftead of a certain eonftitutional Law,' adapted to the nattire of the Governments, eftabliftied by the Sovereign or hri- \ perial ftat6, and yecdgnifed by the Dependent or fubof- .dinate .ftates, America has been hichferto governed by temporary ejfpedients ; which have foiiietimes been ^- lowed to have the /orce , of lawsj and have fomeiiines .been refufed it. In this ftate of things, it was impoffi- ble but the tinje would Cbme when the atithority of .Great Britain over Americavould be brought into quef- tiori. This day feems now to draw nigh t h ra'ighi poflibly have been pnt off for foftie time, longer; but perhaps it is happy for Oreaf Britain that it is not.' Slie is now able to aflert her own rights : whenever flie ceafes tQ be fo, tlj«r.e is an end of her empire; a period no' 0: 3 lefs^ [ iv ] iefs to be dreaded by the Colonies themfelvcs, than by the Mother of them. It was at the approach of this critical time, when the authority of Parliament over the colonies was to be con troverted, and after the commencement of fuch contio*- verfy, that thefe letters were wrote. They were moftly, even thofe which were addrefled to perfons in high offices, merely fpeculative : and they cannot be mifun- derftood in any inftance more than by being confidereiJ as Dilations. If there was any thing in which the writer of them could have defired to have diftated, it would have been Upon the Neceflity of giving tbe fub- jeft-matter of feme of them as early a confideration as poffible. For he cannot but think that too much time has been loft ; and yet the work ftill remains to be' done, but under greater difficulties than if it had been , taken up fooner. For the Patience of the Govcrnmefit ¦ here, has tended to encreafe the demands and expefla- • tions of the Aniericans, fo as to make the regulating the. Governments a much more difficult work than it would • have been eight years ago : and at the fame time the Neceffity of it has encreafed with its difficulties. The writer of thefe letters has given them Juft as they were wrote, without any comments \ and muft de- fife that the reader will be attentive ro the feveral dates of them, as m«eh will depend on tbe precife times in which theiy were wrote,^ The politics of Amerim, efpe- dally in the Province where he prefided, have beei* very . I V ] very fluctuating, though all tending to one end} fo that what would have paffed without giving offence ten years ago, would now be treated v/ith the utmoft refent- ment. A curious inftance of which is }uft now afforded, when the Governor and Lieutenant Governor of Maffo' thnjefs Bay have been impeached for writing in private letters what was a common fubj eft of converfation at tkc time they were wrote. Another caution ronft be recommended, that it be not txpefted to find an uHifopHiity of fentiments in thefe letters : length of time, and frequent change of cir- curaftances, muft occafion a variation of opinions: yet thete has been little alteration of his with regard to fun" damentals. The fubjeft which occafioned the greateft ftuftuation of his fentiments, is tbe expediency of al lowing the American ftates Reprefentatives in ParUament. Tbis propofition greatly enlarges our idea of the Gran deur of the Britijh Empire, and affords the moft flatter ing profpeft ©f its Stability and Duration. But we hjuS; admit that the Execution of it would probably be at tended with great difficulties, if its theory ftjonld be approved ; and rberefore it may be confidered only as a ¦ pleafing reverie. One thing- it is hoped the reader will take notice of, or at leaft that he will give credit for ; which is, that 'thefe letters were diftated by^a love of both Countries, .and an earneftxlefire that they fliould be united in mu- "tual affe^ion as they are in mutual intereft. This will depend C vi J depend in a great meafure upon the Conriexidn p( thes colonies with the imperial ftate. This can be maintained no otherwife than by a fubordination of tbe former as Dependent ftates, to the latter as the hnperial fovereign. Imperium in impexio is a monfter in politics which cannot fubfift. The notions of policy which have been adopt ed in America fince the ftamp-aft have a final tendency to feparate the Colonies from the Mother Country ; an event which, as I have faid before, can be defirable by neither ; as the confequences of it will probably be the Ruin of both. But, though there can be no doubt of the- Propriety and Neceffity of a conciliatory Connexion between the Imperial ftate and the American Colonies, and it ftill re mains to be done ; it is not fo eafy to determine in what manner, and by what ways and means, it will be beft effefted. This is a bufinefs of the utmoft importance to the Welfare, I might fay, to the very Being, of the Em pire ; and reqnires that Policy, Juftice, Firmnefs, and Moderation, fliould all be united upon this occafion. If in any inftance Refemment fliould offer to interfere, let a confideration of the Relation between thein mitigate it. But it will be beft to look backward as little as poflible, and provide only for the Correiitioji of what is to come. If thefe letters flionld afford any information that ^ill contribute in the leaft to further this great work, the purpofe of the writer wil) be fully anfwered. They W«r(^ I vli ] Were written haftily, currente calamo, and not with a view to publication ; and therefore muft be fubjeft to many errors, as well literal as political ; all which the critics are very welcome to, if they will do juftice to his good intention and zvell-meaning. For he is not defirous of founding his reputation upon his writing ov his politics ; his utmoft ambition, and for which he has laboured all his life-time, is to be efteemed an hone^ man and a good citizen, LET- C I 3 LETTERS, ^c. LETTER I. To the Earl of > My Lord, OStober 25, 1763. "VT" OUR Lordfliip fignifies the King's pleafure, that , -^ I ufe ray utmoft endeavours to prevent the intro- duftion of Foreign commodities contrary to the Afts of the 12 Charles II, the 15 Charles II, and the 7 and 8 of William III. I have the honour to inform your Lord fliip, that) ever fince I have been in this Government*,. I have exerted the beft of my powers to maintain a due obedience to the abovementioned Laws ; and I can v/ith pleafure add, that I believe they are no where better fupported than they are in this Province. "When firft I carae to this Government, about three years ago, fome of the Merchants of this town, pro voked with the liberties allowed at Ports almoft under their eye, and really injured by them, did endeavour to enforce the allowance of the fame liberties within • B this r. 2 ] this Port, by divers means : but my refolution, and the fteadinefs of the Judges of the fupreme Court, de feated this fcheme ; and they became content to wak till meafures fliould be taken for putting all the Ports in America upon the fame footing. Before this com- \ motion, and fince, the Merchants here, in general, have \ afted in fuch a manner as to entitle themfelves to all ; proper favor. I do not pretend that this Province is entirely free from the breach of thefe Laws; but only, that fuch breach, if difcovered, is furely punifhed. There has been an indulgence time out of mind allowed in a trifling but neceffary article ; I mean, the permitting Lijbon Lemons, and Wine in fmall quantities, to pafs as fliips ftores. I have always underftood that this was well known in England, and allowed, as being no objeft of trade, or, if' it was, no ways injurious to that of Great Britain. As for Lemons, in this climate, they are not only neceilary to the comfort of life, but to health alfo ; and a prohibition of them would be' a great mortification to thofe who have been accuf-' tomed to the ufe of them. For my own part, I reckon them among the neceffaries of life, and believe they contribute rauch to the good health I enjoy here. In regard to Portugal Wines, there feems to be no material diftinftion (except as cafiis omiffiis, in the let ter of the Law) between Wines from the P-ortuguefe IQands, and V^^ines from the Portuguefe continent : nor would tlie leaft benefit accrue to Great Britain^ fro^ 5 permitting C 3 ] permitting the one only, and prohibiting the other. Befides, there is fometimes a want of thefe little arti cles to help to make up a balance in the trade be tween this Country and Portugal, the latter affording no other return hither but Salt, And the Fifti trade of New England is of too great confequence to Old Eng land, to run any rifque of checking it. Spanijh Wines and Fruit, although at prefent not in much demand liere, are within the fame rule of reafoning, in regard to promoting the Fifli trade. But it were to be wifhed that thefe were permitted by a pofitive law, rather than by an indulgence, however reafonable and ap proved. The Wine generally ufed in this country heretofore, has been Madeira; but of late that has grown fo extra vagantly dear, that few people can afford it. The wines of the Wejlern IJles are now in the general ufe of this country ; but fome gentlemen prefer Portugal wines. French wines can never be an article of trade here, as what comes to America is in general bad and very perifliable ; and when it is good, it comes as dear as Madeira, and is not near fo much efteemed. And though there is now here, under profecution, a fmall veffel of 130 tuns, laden with French wines, faid to be bound from Bourdeaux to Eujiatia ; yet this will not conclude for the frequent ufe of French wines here. For though this veffel were intended to be unladen on this coaft, flie would be a fingular ' inftance for fome years paft, and her cargo would fup- B 2 ply [ 4 ] ply the deraand for French wine in New England for tvifo or three years. i I have, according to your Lordfliip's order, imparted to your Lordfliip what alleviation of the Laws before-^ mentioned is wanting to the exigencies of this couur try ; at the fame tirae befpeaking your Lordftiip's favor, that this intimation may not be underftood to contain an admiffion that I myfelf have been knoWr ingly concerned in, or copfenting tq, the aforefaid in dulgence. I am, &c. LETTER II. To the Lords Comnnlffioners for Trade and Plantations, My Lords, Dec. 26, 1753. TAM honoured with your Lordftiips orders, dated -^ October 11, There has been no negleft, that I know of, in executing the Laws of Trad? within this Province as far as has been prafticable : the only in dulgences that have been ufed here, I prefume, have- been long wpU knowp to yoyr Lqrdftiips. That of allowing Wines and Fruits, in fmall parcels, to be re turned as ftiips ftores by the veffels carrying Fifti to Pok- n%al, Sec. your Eordfhips have beei; ^cquaintecl with 1)efqr§ [ 5 1 before now. That this indulgence is not hurtful to Great Britain in the firft inftance, and greatly advan tageous in the end, is to me very certain. The other well-known indulgence, is in the Afl called the Molaffes Aft, which has, I prefume, never been duly executed ; although, at the fame time, I muft, for ,my own defence, fay that I never knew an inftance of the breach of it. Tlie Cuftom-houfe officers in this Province are, in my opinion, good and faithful officers, and have in this cafe done their beft ; that is, they have got as much money on account of this duty as they could, and have brought all that they have received to the account of the King. In the laft quarter's accompt of the Colleftor of this Port, I obferved the duties upon this Aft amount to between fix or feven hundred pounds fterling ; and I ara told, that the Colleftor of Salem's accompt, which I have not feen, may amount to as much I therefore con clude, as I can judge by conjefture only, that this Aft is not ftriftly executed ; for, if it had been, I can not think that it could have produced fo great a fum in any one quarter. And yet, I believe, if the duty was lowered, fo as not to difcourage the importation of the goods fubjeft to it, nor make it worth the while to evade the payment of it, it would produce a much greater fum. This Aft has been a perpetual ftumbling-block to ¦the Cuftom-houfe officers ; and it will be moft agree able to therai to have it in any ways removed. The queftion C 6 J queftion feems to be, whether it fliould be an Aft of Prohibition, or an Aft of Revenue. It was originally, I believe, defigned for the former ; and if it fliould be thought advifeable to continue it as fuch, it will want no more than to be fully executed. But if it is meant to be an Aft of Pvevenue, the beft means to make it moft effeftual, that is, to raife the greateft revenue by it, will be to lower the duties in fuch a proportion as will fecure the entire coUeftion of them, and encourage the importation of the goods ou which they will be laid. Perhaps a refolution may be formed already, or at leaft before this will come to your Lordfliips, to con tinue this Aft, and enforce the execution of it : in fuch cafe it may be thought imprudent in me, to urge or even offer my opinion on this fubjeft. But, my Lords, in the fincerity of my heart, and in the warmth of my wiflies that the welfare of this country may be pade advantageous to its mother country, I muft inforra your Lordfhips, that it feems to me neceffary to encou- |-3ge a trade between North America and tbe Foreign plantations, under proper reftriftions ; without which, the prefent advantages arifing to Great Britain from the ;rade of North America, I fear, cannot be preferved ; puch Iefs raay an encreafe of thera be expefted. I foynded this opinion fome time ago upon a plain and fimple argument, the fallacy of which I have never been able to difcover; and the truth of it feems to be confirmed by frequent obfervation. It is- this : at the time qf making the Molaffes Aft, now thirty , years [¦ 7 ] years ago, it was afferted by the Wejl Indians, that, as the Britijh Wejl Indian Plantations were capable of tak ing off all the produce of North America, the fending fuch produce to Foreign Plantations ought to be difcou- raged. To this the North Americans then anfWered, by denying (1 believe with greater truth) that the Britijh Wejl Indian Plamations were capable of taking off all the produce of North America fit for the Wejl -Indian ttiarkets : I will fuppofe liowever that the balance was equal. Since that time. North America has encreafed to above double ; the Britijh WeJi Indies remain as they were. What is to become of half the produce of North America, if it is not fuffered to be carried to Foreign markets upon prafticable terms of trade ? And how can Great Britain expeft that her exports to North America will not keep an equal proportion with the exports of North America to their markets, wherever they lie ? It is, in my opinion, a falfe ftate of the queftion, to confide r it as a conteft between The Wejl Indies and North America ; it is really a conteft between The Wejl Indies and Great Britain ; for in the latter will the. pro fit and lofs arifing from the refult of this queftion de termine. The trade of North America is really the trade of Great Britain (prohibited European goods excepted) ; the profit and lofs, the increafe and de- creafe of which, finally, come home to the latter. Ame rica will fuffer for a time only, by being difabled to import from Great Britain what her real and imaginary wants C 8 ] wants demand. But her very neceflity will relieve her, by both obliging her and enabling her to refort to her, Internal powers for what fhe will not be able to ira port frora abroad. But the lofs of Great Britain will be irretrievable. If this ftiould be exemplified in this Province, it will, probably, for the firft inftanqe, be in the decreafe of the Fiftiery ; which, in the opinion of the moft knowing men here, will certainly be the confequence of a prohibition of Foreign Molaffes and Sugar. I have been carried on further in this fubjeft than I intended, for which I pray your Lordfliips indulgence, as I mean rather to ftate the cafe to your Lordfliips, than determine upon It. I am all this while arguing againft my own intereft : Laws that are like to be pro- duftive of Forfeitures ought to be acceptable to Gover nors. But, for my own part, I fhould be glad, at the expence of all fuch Profits, to fee the Laws of Trade in America fo regulated, as to be effeftually executed, chearfuUy fubmitted to, and moft conducive to the ad vantage of Great Britain. I am, &c. LETTER I 9 ] LETTER JIL To Efquire. A Dear Sir, j^an. 7, 1764. 'T^ H E publication of orders for the ftrift execution of the Molaffes Aft has caufed a greater alarm in this country than the taking of Fort William Henry did in 1757. Petitions from the trading towns have been prefented to the General Court; and a large Cora mittee of both Houfes is fitting every day to prepare inftruftions for their Agent. In the mean time, the Merchants fay, There is an end of the trade in this Province ; that it is facrificed to the We/l Indian Plan ters ; that it is time for every prudent man to get out of debt with Great Britain as , faft as he can, and betake himfelf to hufbaqdry, and be content with fuch coarfe manufaftures as this country will produce. This is now the common talk wherever one goes; and it is certain, that whatever detriment the continuation and ftrift execution of the Molaffes Aft will bring to the trade of North America (and furely more or Iefs it will bring), it will foon come home to Great Britain ; and then the Britijh Merchants will fee their imprudence in fitting ftill as unconcerned fpeftators, whilft the WeJi Indians are confining the trade of this extenfive and improving country within their own narrow and unextenfible cir cle. For nothing is more plain, than that if the ex- C ports L 10 ] parts of North America are diminiflied (be it by one fourth, one third, or one half), her iraports from' Great Britain muft be leflfened in the' fame proportion. To apply this to a faft: laft year were imported into- this Province 15,000 hogftieads of molaffes, all of wluch, except Iefs than 500, came from Por/^ which are now Foreign. The value 'of this, at i s. j\.d. a gallon (which is a middling price as fold ont of' msr- dhants ftorehoufes) is 100,000 pounds fterling; to. ^urchafe which, fifli and lumber of near the fame value muft be fent from hence. Now fuppofe 'Jhis. trade prohibited (for a duty of 50 per cent, amounts to a prohibition), the confequences muft be, that this. Province muft import ioo,ooD pounds I'eis of Britijh goods; and there is art entire lofs of ioo,.ooo pounds (the fifti and' lumber commg from an inexhauftible ftqre) worth of goods to the general Britijlo Empire, befides the lofs of trade and decreafe of fhipping.;, and this anniJal, in one Province, and in one article of trade only. Ts there not therefore juft caufe of alarm from the apprehenfions of the probability or poiTibility of fuch confequences? If it fliould be propofed to try the experiraent for two or three years only; firft let it be confidered, that the experiment itfelf, if it turns out as is expefted, will' coft Great Britain niany hun dred tlioufand pounds. But this is not all: if, after the experiment has been made, it fliould be thought proper to reftore the North Americans to the freedom of this trade, is it certain that,, after an interruption of t^' tatives to the Houfe of Commons of Great Brltami which I am defired by the faid Council and Hdnfe (Sf Reprefentatives to lay before his Majefty's Minifters, and befeech jhe favor of their great influence ft behalf of the Petition. I am alfo defired piyfelf to reprefent the fubjeft-matter of their Petition; and it Is my duty to certify my opinion upon fuch extraordinary and in- terefting occafions. I fliall therefore, with great truth and fincerity, acquaint your Lordfliip with my fenti ments, although I fliall be obliged to repeat a good deal of what I have already wrote to your Lordfliip and the Lords of Trade upon thefe fubjefts. The heads of the Petition to the Houfe of Commons are thefe : i. That the duties upon molaffes are fuch as will difcourage the importation of it, and thereby hurt the American fifliery. 2 . That the reftriftions laid upon the exportation of lumber will hurt the trade of Ame rica, without any advantage to Great Britain. 3. That the new-erefted General Court of Admiralty will, by the extenfion of its jurifdiftion, be very injurious to the defendants in that Court. 4. That the Provincial Cotirts of [ 14 ] of Adrairalty are injurious to the liberty of the fubjeft, by determining upon their property without a Jury. 5. That the fending home to England the produce of the duties, and of the taxes propofed, muft take frora the Americans the means of trade, and render it im- prafticable for them to raake reraittances to Great Bri tain, j5..That the trade of America is really the tracfc of Grmt Britain ; and that the opening and encouraging it, is the moft effeftual way for Great Britain to draw money from America. I. I have heretofore confidered foreign Molaffes as a fiund fur raifing money ; and as fuch I have been of opinion that a duty of one penny halfpenny per gallon would raife more money than either a larger or fmaller duty. But yet I am not fo pofitive as to affert, that two pence per gaflou may not raife as much, or poffibly more ; but I am perfnadgd, that beyond that, the higher the duty, the Iefs wjll be the revenue. In regard to the effeft it will have upon our fifbery, or any other ill effefts, I don't care to prophefy evil ; but in truth, I think that it is too dangerous an expejiment to be tried ; becaufe the evil confequences, if any fliould follow, would probably be irretrievable. Another argument in favor of the reduftion of the duty to 2d. vvhich will weigh much with your Lordfliip, is, tbat it will be a f ery popular meafure; infomuch that I believe there is not a friend to the prefent government refiding in North America, that does not wifti that fuch a reduftion may be made agreeable to his Majefty's Councils. 6 1. As c 15 :i 2. As to lumber, it feems to me that there is wanting 91 diftinftion of the different forts of it ; particularly be tween that which is ufed in fl^ip-building, and that which is ufed in houfe-building. To regard the ex portation of lumber as a trade,, it is much for the in tereft of Great Britain that it fhould be extended as much as poffible ; as the profit of it will finally come, to her. But it may be faid, that fuch profits as arife from furnifliing our rivals with naval ftores, wpuld be a real detriment to Great Britain. Then it may be faid on the other fide, feparate what are naval ftores from the lift of lumber, and let the other articles pafs. Sup- pofe, for inftance, Portugal and Spain (and France top if it pleafes) would take all their pipe and hogfhead ftaves from America, would not Great Britain finally reap all the advantages by the increafe of the American remittances ? In. regard to Ireland being excluded having lumber from' America, it is hoped that it is a raiftake, and as fuch will be reftified : for it certainly will create a gi"eat inconvenience in the trade between America and that kingdom. In regard to lumber, two things (hould be confidered: i. That it is all clear gain, proceeding from an inexhauftible fund ; and what is not cut, is loft to the comrannity : 2. That the vent ofit encourages the clearing of lands, and is the fole fupport of thou- fands of useful fubjefts aud great flaves, the firft fettlers bf wild lands ; and therefore the fale of it fhould be extended as far as well, may be. p There 3* There is certainly an obvious occafion for a general Court of Admiralty over all America, or vety large diftrifts of it ; which is this : whenever the parties of a caufe, and the goods lye in different divifions, the jurifdiftion is lame. But then it fliould feem, that fuch general Court fliould be held as near the middle of its jurifdiftion, as well may be. I therefore believe, that the fituation of this Court has a good deal contri buted to the alarm it has occafioned : for, to be fure, the inconveniences of perfons being obliged to attend a court at great diftances, which would be unavoidable if the Court was held in the middle of its jurifdiftion, muft be greatly magnified by the Court's being held at the extremity of it ; efpecially where the affiftance of able Lawyers is not to be obtained in the manner in which it is to be had in the great cities of the Old Provinces. However, as I know not the reafons why this Court is eftablifhed at Halifax preferable to all other parts of America, I can give no opinion of my own upon it, no more than I can judge of the inconve niencies that may arife therefrom, until which become realized. 4. The Court of Admiralty in America, taking cog nizance of, and determining upon, breaches of the lavf of trade, is now of eighty years ftanding, and had its origin in an Aft of Parliament. The -reafon for putting thefe caufes into a courfe of trial, without a jury, un doubtedly arofe from an apprehenfion that the juries iii thefe caufes vvere not to be trufted. The force of this teafoa C 17 J reafon may have abated, but I cannot think that it is wholly deftroyed : ho candid man, I believe, will take upon hira to declare, that at this time an American' Jury is impartial and indifterent enough, to determine equally upon frauds of trade. A comparifon with Er^ajh Juries will not hold ; the difcriminations are ob vious. Neverthelefs, the objeftion to the Judge of the Admiralty being paid by the poundage of the con demnation-money is very forcible ; for thereby it is his intereft to condemn, rather than to acquit. The pre fent Judge for this Province is, I believe, as uncorrupt as any one the King has ; and he has frequently cora plained to rae of his office being fupported by fuch raeans. About three months ago, I mentioned it to the Lords of Trade; and then recommended, that the Judges' and Officers of theAdmiralty might have falaries, inftead of fees arifing from condemn jitiofls. 5. The prod,uce of the duties and internal taxes, Im* pofed on North America, are to be remitted to the Kirig's Exchequer at London, and from thence to be difpenfed to the fervices to which they are appropriated. ' Arid this method, it is faid, will drain the American Colonies of all their fpecies fo effeftually, that their trade muft be deftroyed for want of the means to carry it on; and a general bankruptcy muft take place, before the money arifing frora thefe revenues can be returned back to it> though it iliould in tirae be reftored without -any dirai" nution, I do not raean to adopt this objeftion in the ftrong terms in which I have ftated it ; but yet, I muft D fay, C »8 ] fay, that there is no one of the new regulations that gives me fuch apprehenfions of inconvenient confe quences as this does. I fuppofe it is not intended or defired, that America fliall raife more than what is necef fary for her own fupport and defence ; and that it is intended, that what is raifed frora her people Ihall be expended among thera. In this fenfe, it is eafy to con ceive that the country may bear confiderable duties and taxes, provided the money fo raifed is prefently after iffued again, and the circulation of it is very little in terrupted. But the cafe will be very much altered, if the money raifed, by paffing through many offices, ".ind being fubjeft to feveral accompts, is to be dead to the people for a long time. In fuch a cafe, a fmaller tax may be much more detrimental to the people than a larger tax, where the money is quickly circulated. If this money is to be fent to the King's Exchequer, and from thence to be fent again to America, it will not be much Iefs than three years frona the time of its being coUefted, to the time of its being reftored to circulation ; befides, that the expence of its travelling charges is to be added to the lofs of the ufe of the money. America- has not ai fund to bear this ; which, according to plain arithmetic, will require a dead ftock of three years value of the annual income of the revenue ; and if it could bear it, by intereft of money, and charge of double remit tances, &c. it would fuffer a lofs of 25 or ¦^ofer cent, Thofe Colonies, whofe common currency is paper, are obliged to keep a fufpcient quantity of fpecic for the [ t9 ] the purpofe of trade ; and this is frequently run fo near, that, upon an occafional fcarcity of money, trade is almoft at a ftand. I remember about four or five years ago, the remittances of the Government having been by fome means delayed, the country could not fupply the deficiency : and it was for fome tirae appre hended, that the operations of the campaign would be defeated. This, if I remember right, was got over by the Government of New fork ftriking 50,000 pounds in fizeable bills, and lending them to the General. If there fore an accidental delay of the remittances from England could occafion fuch an embarraffment, and oblige the army to take paper in payment, how can it be expefted that the fame country fliould be able to remit large fums of fpecie to the Englijh Treafury I • The Province of Mafjachufets Bay is the only one of the old Colonies, that I know of, that enjoys a fpecie currency. This reflefts great honour upon the Pro vince itfelf, as it is a great inftance of their prudence, who took hold of a fingular opportunity to deftroy their paper money, which other Colonies, who had it equally in their power, neglefted. It alfo affords aa example to the reft of America, to endeavour at the fame acquifition ; and is an evidence of its prafticabi- lity. But I fear that if the great fums, which are exr pefted to be raifed in America, are to be tranfported to Great Britain, there will foon be an end of the fpecie currency of the Majfachufets ; which will he foftcvved P 2 by [ 2® ] by a total difcoaragement for other provinces to attempt the fame in the future. In which cafe, perpetual paper money, the very negative power of riches, ' will be the portion of America. K. 6. Trade is a fcience, which I have had little oppor tunity to ftudy, and therefore it would be a prefuraption in me to diftate upon it. However, as I have caught a few fiying notions of it, I will venture to ftate fome principles which have occurred to me, with the confe quences which follow them. The two gi"eat obj efts of Great Britain, in regard to the American trade, muft be, To oblige her American fubjefts to take frora Great Britain only, all the manufaftures and European goods which flie can fupply thera with: 2, To regulate the foreign trade of the Americans, fo that the profits thereof may finally center in Great Britain, or be ap plied to the improvement of her Empire. Whenever thefe two purpofes railitate againft each other, that which Is moft advantageous to Great Britain ought to be preferred. If the firft of thefe purpofes is well fecured, the fecond will follow cf courfe. The only means of eniploying extraordinary profits of trade in Anierica, are either by liixiiry at horae, or by fettling and improving lands. American luxury fends the money to Great Britain, either mediately from- the bands of the firft expender, or imraediately through the hands of the tradefraen, husbandmen, ^c, with whoni he deals. Settling and improving lands, is the piej^ns of rj^ifiiig arid eii^ibling Qtlier p^rfqiis to deal with S Qi'e(^t [ 21 ] Great Britain, and therefore it only poftpones the re mittances, hereafter to be made with intereft. There fore, if due care be taken to confine the fale of manu faftures and European goods (except what fhall be permitted) to Great Britain only, all the profits of the American Foreign trade will neceffarily center in Great Britain. And therefore, if the firft purpofe is Well fedured, the foreign American trade is the trade of Great Britain : the augmentation and diminution, the extenfion and reftriftion, the profit and lofs of it, all finally come home to the mother country. It has been long ago admitted, that tke' American trade with the Spanijh WeJi Indies ought to be encou raged by all means : and why not alfo with the French'"? It is faid, that the French will not admit any trade which is not advantageous to thera. But how corae they to have the power of picking and chufing their trade as they pleafe ? muft not they fubmit to wants and neceffities as well as the Spaniards? will not prefent convenience and private profit get the better of national confiderations among the one as well as the other ? It has done heretofore ; and will do again, if Britijh prohi bitions do not prevent it. Ihave been told, that in the former Spanijh war, the Admiral, ftationed at Ja.- maica, had orders to encourage and proteft the Englijh trade with tht- Spanijh Main. And yet, in ftrift law, a private correfpohdence with enemies is treafon. In the laft war there was a confiderable trade carried on fjrQni foiije of tlie Britfjh Colonies to French Hifpaniola, by [ 22 ] ' by means of letters of truce. This trfidc (except fuch part of it as was carried on with provifions) was gene rally allowed to be very advantageous to Great Britain: and it has been fuppofed that it contributed not a little to the means of carrying on the war both in America. and Europe. It is pleafant, at this time, to obferve the complaints of the Jamalcanf upon their being obftrufted in carrying on thgir trade with the Spanijh WeJi Indies;^ and yet they are for flopping and totally prohibiting the trade of the North Americans to the French WeJi Indies. They can fee plainly the lofs to Great Bntain^ firom their own trade being obftrufted; but they cannot difcover the lofs which accrues from the obftruftlon of tb^t of North America, In truth, it is the intereft of Qreat Britain that both the one and the other fliould te encpuraged as much ^s rnay weU be. And the WeJl^ Indians fliould be taught that equitable maxim of trade, ** Live, and let live," I have given your Lordfliip my thoughts upon thefe fubjefts, with great regard to truth in my opinion; and have accordingly treated the matters with fuch freedonj, as tlie importance of the difquifitipn, and my dnty to give youf Lofdlhip the beft information in my power, required. All which I Immbly fybmit to your Lordr Ihip. And am, &c. LETTER C 23 ] LETTER VL To the Lord — . Po' My Lord, fme 23, 1764; T Am not now to acquaint your Lordfliip, that, ever - fince I have been in America^ I have ftudied the policyof the feveral governments, and endeavoured to acquire a true idea of their relation to Great Britam ; but I have had no encouragement to reduce my thoughts into writing, as heretofore the unfettled ftate of the public offices afforded me no profpeft of a proper oppor tunity to communicate my fentiments upon thefe fubjefts. However, this fpring, I formed my thoughts into a kind of regular fyftem, as concife and as argumentative as could well be. And now I wifti I had done it fooner ; for the late proceedings in Parliament have given fuch a roufe to the politicians in this country, that it feems that a publication of fomething of this kind at this time might be of fervice. But I could not venture upon it myfelf, not only from diffidence of my own judge ment, but becaiufe, in my ftation, I do not think myfelf at liberty to publifli any thing of this kind, without firft fubmitting it to my fuperiors. I have therefore thought it proper to tranfmit to your Lordfliip two copies of this piece, that, if you think it deferves notice, you may tranfmit them to my' Lords and , Although it is con cife. C ^4 ] . cife, it is not obfcure; and though fhort, it contains the heads of a great deal of matter ; for it feems to me, that every thing I liave to fay of the American Govern- inents In general, and my. Province in particular, may be brought into commentaries upon this little piece; and for fuch a purpofe I have intended it. If it has any merit, I would have the honour of your Lordfhip''f mediation ; if it has none, I fliall ftand in need of you4- apology. • I am, ^c. LETTER VII. To . Efquire. Bear Sir, J^Jy ^'^t i7<^4. T feems to me that the affairs of America are be coming very critical; that common expedients would foon begin to fail ; and that a general reformation of the American Governments would become not only a defirable but a neceffary meafure. Full of thefe thoughts, when I was at Concord, attending the Affembly, I re duced my fentiments upon this fubjeft into writing, ftudying, as much as poffible, method, argument, and brevity. The writing itfelf is a hafty w,ork, done at- fuch intervals of Icifure as I could catch ; but the mat ter has been the fubjeft of much deliberation, and will afford I [ 25 ] afford heads foi- inany ufeful and intereftirtg difqulfi- tions. As I niuch doiibt of the propriety of my troubling immediately Lord or Lotd • with a paper of this kind, as I never have received a parti- fcular encouragement to take fuch liberty ; about a fort- nigbt ago I fent two copies of this paper to Lord — — , defiring that, if he thought it proper, he would intro duce them to the Lords '¦ — and — — -. By this conveyance I fend a third cppy tP Lord — — ; — — ^ and a fourth copy to Mr. , for his ufe and yours. Thefe are all I intend to part with. 1 direfted the laft to him, as I thought it ptobable you would fee one of the two firft. I could (and probably fhall) write latge cdmraentarie^ upon this analyfis ; (ame of which will be eXoterick, and fome efpteriek. Many argumerits may be offefed ih favour of this fyftem. Which would be fuitable to and opei'ative upon the people; but morey and Of more weighty that are fity taoik fity for the Cabinet. For my own part (I fpeak with the vanity of a writer, and the prejudice of a fyftem-maker) itiy doubts are more em ployed, how far this plan may be agreeable tp the ideas which the minifters have already fprnied, than abotot its r*al truth and probable utility. iam, &?<:.• t LETTER E 25 -} LETTER VIII. To • Efquire. Sir, Bojlori, OSlober 2^, 1765, "f> Y my letter to Lord , bearing date the 7 th luftant, I informed that I had called the General Affembly to meet at Bojlon the 25th inftant : this was done not fo much with tbe profpeft of fuccefs, as that nothing might be left untried to procure obedience to the Aft of Parliament. Before the Affembly met, I was particularly cautioned againft fpeaking freely on the fubjeft of the Aft of Parliament: that the people would *]iot bear to hear of a fubmiffion to it ; and thei-efore it would be beft to fay as little of it as poffible. But I obferted the violence of the mob had intimidated fome of the beft men of the Province, and left the caufe of the King and Parliament almoft without an advocate — tbat if I fhould be awed alfo, fo as not to explain to the Affembly the nature of the bufinefs for which they were called, there would be no means left to bring the people to their fenfes, and open their eyes to the dan ger they were running headlong into- It was therefore neceffary for me to fpeak not only freely, but fully upon the fubjeft ; as my fpeech would be the only anti dote forthepoifon which was continually diftributed in weekly papers. But I meant to be as cautious as I could, without weakening che force of my argument. I ac- C 27 3 I accordingly opened the Seffion with the fpeech as in' clofed ; and herein I muft beg your Honor's indulgence, in regard to the improprieties of it ; that you will be p'leafed to confider it as addreffed to a particular pepple^, and for particular purpofes, which induced jne to treat a deUcate fubjeft with more freedom than I fhould have done, if my caufe had not required if. I fhall conftantly communicate $o your Honor what fliall further happen upon this da'Hgerous and critical occafion ; and muft beg your obfer Vance o.f niy difficult and perilous fituation ; in the midft of thofe who firft: ftirred up thefe difturbances ; Without a force to pro teft my perfon; without a Council to ad vife me; watche4 by every eye, and mifreprefented and condemned for every thing I do on the King's behalf; npt indeed charged perfonally with any default of my own, but contrnualiy arraigned and abufed for the execution of the funftions of my office. If things do not take ano ther turn before the firft of November, the appearance of Government will ceafe ; as the real authority has ever fince rhe firft riot. I muft however, when I meur tion -my being without a Council, except the Lieutenant Governor, whofe zeal for his Majefty's fervice, and firmnefs of mip^, has jiot been abated by the cryel treat* raent he has met with. I inclofe with this, copies of my fpeech to t'he Geoe^- ral Court, the anfwer of tfee Houfe of Reprefentatives, and my reply thereto ; from al! which I hope it wilC appear thgt i have left nothing undone to procure thai: E a jobedjenc© I 28 J obedience to this Aft, which I think due to cvpry Aft of Parliament from all Britijh fubjefts. ,I.ara told here, that I have dpne more than I need have done ; in that I muft judge fpr rayfelf : certainly I have facrificed tp my duty confiderably. Such I reckon my lofing the general good-will and good opinion of the people, not by any aft of my own, but by the unavoidable obligar tions of roy office, in a bufinefs in which I had no con cern but as an executive officer. I wpuld not prefume to give advice to his Majefty's Minifters of State : but yet I hppe I (hall be excufed,, when I reveal my earjieft wiflies, that fome means may be found to make it confi'ftent with the dignity of Pair liatnent, to put the Starap Aft out of the queftion, at leaft for the prefent. For J am perfuaded, that mea fures, which are now become raore than eyer. neceffary; fpr bringing Ame-rica into good order, will meet with tenfold difliculty, if taken befpre the prefent fermenta tion has fubfided. At prefent, by artifice, prejudice,; and paffipn, gpod men and bad men are unaccountably confounded tpgether ; a litde dme and management will feparate them, and bring them under their proper arrangeraents. I am, ^c. LETT E K' C =p ] LETTER IX, To the Lord . , My Lord, Bojlon, Nov. 23, 17(55. IT is not above. a year fince I troubled your Lordfliip with copies of an effay to delineate the Principles of Law and Polity applicable to the Britijh Colonies in Ame rica. Among thefe, two principal concluflons were, that the regulation ;ind reforraation of the American government was then become a neceffary work i^ and that the preferit was the moft proper time to undertake that work. If I could have then fpoke out with that earneftnefs with which 1 thought upon the fubjeft, I fhould liaye urged it as a bufinefs which would admit of no delay ; a bufinefs to which all others ought to have been poftponed ; as it Was itfelf a neceffary preparative to almoft all pthers, But unfortunately (I fpeak it feelingly) the bufinefs of finances took the lead : this was undoubtedly an urgent and primary concern of the Cpuncils pf Great Britain ; but it did not follow, that it ought to be immediately extended to America. A. little confideration would have made it at leaft doubtful, whether an inland taxation pf the Americans was prafti cable or equitable at this time. If I had had the quef tion ptit to me, I thmk I flipuld have prpved the nega tive in both particulars. '- 3 It C so ] It muft have been fuppofed, that fuch an innovation as a Parliamentary taxation would caufe a great alarm, and meet with much oppofition in moft parts o^ America: it was quite new to the people, and had no vifible bounds fet to it i the Americans declared that they would not fubmit to it, before the Aft paffed ; and there was the greateft probability that it would require the utmoft power of Government to carry it into execution. Where- las, at this ,ume, the governments were weak and impo tent to an amazing degree ; the governors and officers of the Crown in fever.al of the chief provinces intirely dependent upon the people for fubfiftence •> the popu lar fcale fo much weightier than the Royal, that it re quired addrefs and management, and frequent tempo- Tifing, to preferve a tolerable balance; the perfons of the governors and crown officer-s quite defencelefs, and expofed to the violence of the people, without aay pof fible refort for proteftirai. Was this a time to introduce fo great a novelty as a Parliameritary inland taxation into America? Nor was the tirae Iefs favorable lo the Equity of fuch a taxation. I don't mean to difpute the reafonablenefs of America contributing tp the charges of Great Britain when fhe is able; nor, I believe, would the Anferic^ns themfelves have difputed it, at a proper time and'feafon,. But it fliould be confidered, that the Ajnerkan govern ments themfelves have, in the profecution of the late war, contrafted very large debts ; which it will take fome years to pay off, and in the mean time. occafion yery [ 31 ] very Durdenfome taxes for that purpofe only. For in ftance, this government, which is as much before-hand as any, raifes every year 37,500^^. fterling for finking their debt, and muft continue it for four years longer aC leaft befpre it will be clear. If therefore the parlia mentary taxation had been poftponed for this time, and the interval employed in regulating and ftrengthening the governraents, it probably might have been then introduced without much difficulty. Now it feems that both one and the other are at a greater diftance than ever. It were much to be wiflied, that America could be brought to the ftate it was in two years ago ; when there was a general difpofition to fubmit to regulations and requifitions neceffary to the reformation of the govern ments, and afcertalning their relation to Great Britain, But that tirae is paft, and not to be retrieved. Since \ the infurreftions againft the ftamp aft, the Americans . have found the governraents fo contemptibly weak, and the people fo fuperior to royal authority, that they : are not a little elated upon their triuraphs over the de- fencelefs officers of the crown ; and feem to be refolved that their idea of their relation to Great Britain^ how ever extravagant, various, and inconfiftent, fhall be the ftandard of it : fo that it Is to be feared, that it will coft much time and treafure to bring America to that degree of fubmiffion which the Parliament will think neceffary to require of them. The queftion will not be. Whether there fhall be a ftamp aft or not; but whe ther t 32 ] thev America {ha]\ or fliall not be fubjeft to tlie-legifla- ture of Great Britain. It is my opinion, that all the political evils in Ame-- rica arife from the want of afcertalning the relation be tween Great Britain and the American colonies. Hence it is, that ideas of that relation are formed in Britain^ and America fo very repugnant and contradiftory to each other. In Britain the American governments are confH' dered as corporations, empowered to raake bye-laws,- exifting only during the pleafure of Parliament; who hath never yet done any thing to confirra their eftablifli'-' ments, and hath at any time a power to diffolve them. In Afuerica, they claim (I mfean in the public papers) to be perfeft ftates, no otherwife dependant upon Great Britain than by having the farae King; which, having ¦ coraplete legiflatures-within themfelves, are no way fub jeft to that oi Great Britain; which, in fuch inftances' as it has heretofore exercifed a legiflative power over thera, has ufurped it. In a difference fi> wide, who Ihall determine ? the Parliaraent oi Great Britain? No, fay the Americans (I mean the violent of them); that would be to raake thera. judges in their own caufe. Who then ? the King ? He is bound by charters, or conftitutions equal to charters, and cannot declare againft' his. own grants. So, at this rate, there is no fuperior tribunal to determine upon the rights and privileges of the American colonies. But the general plea of the Americans againft. the' ftarap aft is, that they are not reprefented in Parliament^ and [ 33 3 and therefore not liable to be taxed by it : to which it' has been anfwered in England, that they are virtually'^ repreiented m parliament. Each of thefe pleas teiids to expofe its own caufe. If the Americans reft their de fence upon their not being reprefented, it is in the power of the Parliament, by admitting reprefentatives from America, to take away all pretence of their not being bound by its afts. On the other fide, if the no tion of the Americans being virtually reprefented fliould be falfified in faft, the plea of the Americans will re main in its full force. Whereas the right of the Par liament of Great Britain to make laws for the Amerlcaii . colonies, is, founded upon its being ihe fupreme, impenal legiflature, to which all raembers of the Empire, whe ther reprefented or not, are fubjeft in all matters and things, and in raanner and form., as fliall be judged moft convcni'ent for the whole. But' though the Parliament of Great Britain does not ftand in need of a real or virtual reprefentation to ground its authority over the Colonies, it may nqw be worth confideration, whether admitting reprefentatives from the Colonies may not be a proper expedient for the prefent exigencies. Two years ago, a propofal of this kind would not have borne a hearing : but fo m'jch is America altered by the late financial afts, that a new fyftem of policy, and of a more refined kind than was Wanted heretofore, Is pow become needful. The patch- Work gpvernment of America will laft no longer : the neceffity of a parliamentary eftablifliment of the goverr- F mcnrs [, 34 ] ments of America upon fixed eonftitutional principles,, is brought on with a precipitation which could not have been forefeen but -a year ago; and is become more ur gent, by the very incidents which make it more difficult. The circuraftance of the Americans juftifying their dif-.^ obedience by their not being reprefented, points out a method to enforce their obedience upon their own prin ciples. Take thera at their word ; let them fend repre-'. fentadves for the prefent time, and for the prefent pur pofes : thirty for the continent, and fifteen for the, iflands, would be fufficient. In this Parliament, the Colonies being aftually reprefented, let the affair of, the American governraents be canvaffed to the bottom ; and let a general, uniforra fyftem of Ainerican govern- , ment be formed and eftabliflied by Act of Parliarnent, by which the A^mericans, according to their own princi-; pies, will be hound ; and let the relation of America to Great Britain be determined and afcertained by a folemn Recognition : fo that the rights of the American govern-. ments, and their fubordination to that of Great Britain, Hiay no longer be a fubjeft of doubt and difputation. When this great work is done, the A?nerican reprefenta tives may be difmiffed, and left to attend their own le- giftatures, which will then know the bounds of their.; o^n authority ; or may be continued, as fliall be found moft advifeable. Ireland affords an example of the ufefulnefs of this work, and the raanner of doing it. Ic is owing to the. wife admiiiiftration of Ireland, when it was firft made a kingdom. C 35 J kingdom, that the form of government of that ifland, which is as perfeft for a dependent, as that of Great Bri tain for a fupreme po"wer, has lafted now for two hun dred andfeventy years, without wanting the leaft amend ment of fundamentals. Haply America, in the forraa tion of her government, had not the farae care taken of her, to regulate her policy, and prevent the mifchlefs which the uncertainty of the relative powers of civil gpvernment, fupreme and fubordinate, is now bringing on like a torrent. The civil policy of America is com- pofed of temporary expedients, all derived from the Crown only ; not one of the American governments has that fanftion which none of thera ought to be without, a parliamentary eftablifhment. And, until the Parliament fhall eftabliffi the American governments upon a eonfti tutional bottom, and afcertain the limitations and ex- tenfions of their legiflatures, it muft be expefted that the governments will be continually fubjeft to diftur- baUce, whenever the Americans think fit to coraplain of innovations upon, and infringements of, their rights ; that is, whenever any thing is required of them which they don't like. ^ Ireland alfo affoi'ds inftances of every kind of regu lation Which America wants ; which may be brought un der thefe heads : i. The governraents (efpecially in the old and fettled countries) fhould be compofed of fuch ample diftrifts as will enable the people to keep up the ftate of government without feeling the burden of it ; a, There fhould be one form of government, as F 2 like [ 3^ ] like ns poffible to that of Great Britain; that is,, the. fame as Ireland; vvith a true raiddle legiflative power, appointed by the King for life, and feparate frora the Privy Council: 3. There fhould be a certain and fuffir cient civil lift laid upon perpetual funds, for the fup port of all his Majefty's officers; fo that they may not be too much dependent upon the people: ^. The fe veral American governraents ffiould raaintain fuch ftand ing forces as fhall be thought neceffary to be kept up. in America, as their quota of the general armaraent of the empire, by raifing the fums requifite therefor, and paying the fame into the King's Treafury in America; the nurabers of men, and proportions of the feveral governments, to be fettled by the Parliaraent of Great Britain: 5. There fliould be a foleran recognition of the fupremacy of the ParUament of Great Britain over the American governments ; which fhould be the firft a£l of each Legiflature after its nevv eftablifliraent, and be the condition of its aftivity : 6. There ihould be a o-e- neral revifal of the laws oi America, that they may be reduced, as near as poffible, to the ftandard of England,^ and the adininiftration of government and l^w may be rendered ns fimilar thereto as well may be. You fee here, my Lord, a fcheme for fettling Ame rica ; which, I doubt not, will appear tobe very extra: vagant. It may be fo ; but fuch alfo is the ftate pf the country: extraordinary diforders require extraordinary means of cure. It feems to me, that the government pf Great Britain never had, in any time, a more diffi-. 2 cult C 37 ] cult bufinefs than what the Americans have now put into their hands. If therefore any fcheme can be propofed, which, by eonftitutional means, will probably corapofe the prefent diforders, and prevent the like for the fu ture, it is worth attending to. For this purppfe, I have put thefe thoughts into writing, in an hafty manner ; fpr at prefent I can write no otherwife : and I communi cate them to your Lordfliip, that, if you ffiould think they deferve a deliberate confideration, you may procure it for them. I ffiall think myfelf very happy if I can contribute to the reftoring the peace of America, and eftabliffiing the governraents of it upon a eonftitutional and permanent bafis, according to the foregoing br any Other fyftem. The opportunities I have had of obfetv- ipg the policy and manners of many of the governraents of North Arnerica, have afforded me a knowledge which might be made tifeful if I could freely communicate it; which cannot be done without ray perfonal attendance. I fay this upon a prefuraption that forae effeftual regu lation of the governraent of America is like to be brought on the carpet : but. If nothing is to be done \)Mt making peace with the Americans, and letting thera goon in their own way, and according to their own potions, no great confideration will be neceffary. I ami ^^« LETTER I C 38 j LETTER X. To ' P^fquire. 'Dear Sir, Bofon, Dec. 14, 1765. Doubt not but the prefent ftate of America will oc cafion a great diverfity and forae perplexity in the Councils of Great Britain. This muft fhow a neceffity of regulating the Colonies effeftually without delay,' and may give an opening to the confideration of fome propofals which have been heretofore difregarded. You may remennber that, about a year and a half ago, I fent home a fmall argumentative piece, intituled, " Princl- " ciples of Lazv and Polity, &cc." I fent but four copies of it ; and as I knew you would have the command of one or tv/o of them, did not fend one direftly to you: as it was then taken no notice of, I fuppofe it is now entirely forgotten : and yet it is now Worth while to revife it; to fee how haftily thofe evils, which I fup pofed then to be at no great diftance, have come upon us. The prefent diftreffes of the American goxetnments are fata] and unhappy comments upon my Work, fuch as I never defired to fee. A further delay of a Parlia mentary regulation of the American governraents, and above all, afcertalning the nature of their fubordination, will, I fear, make the bufinefs irretrievable. When the Atnericans have aftually acquired the povver of defy ing the Parliament, which fome of them vainly pretend to E 39 1 to now, a feparation will foon follow. The weak patchwork government of this country has no power' to defer fuch an event one hour after the people have refolyed uppn it. I now fend you a copy of the Principles, i^c. and de fine, that, you would again perufe it, and apply it to the' prefent times. If you flipuld, think that it may be made ferviceable,to the grand bufinefs in hand, you will ufe it to that purpofe, either by communication in manu- fcript, or, if it is like to be of general ufe, by printing. Having now looked over it at a year's diftance, I find no reafon to alter my opinion in any article, excepting ia regard to the allowing the Americans Reprefentatives ia ParIIa,ment. I then confidered this as a matter of indif ference ; I do not think it fo ¦ now : it feems to me, at this time, to be capable of being made an ufeful expe dient, or rather a refined ftroke of policy. The chief arguraents of the Americans againft their being fubje^ft to Afts of Parliament which irapofe in land taxes (and it will hold equally good againft all other Afts of Parliaraent for the regulation of their in^- ternal policy) is, that they are not reprefented in Par liament. This is the Palladium of their caufe : but they have of latq . difcovered, that this is a dangerous argument; for if the Parliament fhould allow them to fend reprefetj tatives, they are concluded, and muft then h^ bound, by Afts of Parliaraent, according to their own principles. Therefore of late, when they ufe this ar gument, they, add, that fuch. a reprefentation is iinprac- ticable. r 4^ ] ticable. Now it certainly is nof ftriftly imprafticable ; though it may be difficult, inexpedient, or irapropen' But it feems to me, that it is both expedient and proper for the prefent time and purpofes. The Parliament muft' now interpofe for regulating the policy of America, or elfe all thiiigs will run into confufion. But if they pro ceed, to fuch regulations, whilft the Americans difpute their authority, what can be expefted but an enforced obedience, whilft the. feeds of oppofition lie ready to fhoot up in a proper feafon,'' whereas, if the Parliaraent firft reraoves the pretence for the Colonies not being' fubjeft to it, there can be no pretence for their difobe-' dience afterwards. Befides, if the Parliaraent fliould undertake fo irappr-- timt a work as the new modelling the governraents in' America, which feems to me to be at this tirae unavoida ble, it appears reafonable that the Colonies ffiould have' their Deputies in the Houfe, both to hear and to fpeak upon the fubjeft relating to them. If they were al lowed this liberty (even though they did not accept it, as probably fome of them would not) they could not coraplain of their rights being difpofed of without their being heard, as they do now. For a liberty of fending Reprefentatives would conclude them, whether they fent- them, or not. And this leads me fay, thatl do npt propofe American. Reprefentatives as a perpetual eftablifliment, but only as a temporary ordinance. When the bufinefs is done, the governments new modelled, their Legiflatures eftabliflied upon eonftitutional princi ples C 4t ] pies and a permanent bottom, and a recognition of the fupremacy of the Parliament of Great Britain, paffed the new Legiflatures as a 'firft and Conditional Aft, there wifl be no longer occafion for American Reprefentatives ; they may return and ferve in their ovm Affemblies, which then may be as feparate from that of Great Britain as that of Ireland. I have made this letter longer than I intended; in deed the fubjeft of it engages all ray thoughts. I hope the prefent diforders of America will occafion fuch effec- tual' meafures being taken, as will prevent the like for the future. ...The Stamp Aft feems to me to be like a fudden accident to aii human body, which occafions its flinging out forae latent difeafe, which, if it had been concealed much longer, Vould have been paft curing. I hope the State doftors have difcovered this . LETTER XIL To the Earl pf My Lord, Bojlon, Aug. 25, 1767. T B E G leave to lay before your Lordfliip a repre fentation of the ftate of the currency of this Pro vince, tending to ffiew the ill effefts which the encou ragement of paper-money in the neighbouring Colonies will bring upon it. The occafion of drawing up this reprefentation was this: It appeared in the Lo/2i/o« news papers, that Dennis De Berdt Efquire, agent for Majfa chufets Bay., joined other agents of the Colonies in their fsiicitation for a perraiflion to create pap^r-money. If C 47 3 Mr. De Berdt had been agent for Maffaehufets Bdy, as he really never was more than a Charge des Ajfairs a( ihe Houfe of ,Reprefentatives, he could not have' done any. thing more contrary to the fenfe of this Province, than appearing as an. advocate for paper-money. As this people have had full experience of the mifchlefs cf that currency, there is ndthirlg they more dread than the return of it among: thera. r ' , . .; .; In the laft feffion, the Council, •taking into confidera tion the aforementioned news-paper article, thought it proper that a reprefentation ffiould be made, to .prevent this Province being fo far mifunderftood' as to*''be. ranged araong the folicitors for paper-money j.afpecies.of riches which tbey never idefire again to acquire. .For tbis pur pofe, the Council lendejavodred to engage the Houfe to join with thera: but, the Houfe chufing to aft feparately, the CotincU; proceeded to appoint a CommSttee todraw up a reprefentaicioh', to be', tranlmitted- by the^ go'vernor to his Majefty's Mmifters. .-The inclofed is the produce of this refolution, which I beg leave to fubrait to your Lordfliip, to be laid before his Majefty, if it ffiall be thought pr,o.per.. .,This remonftrance is founded only upon an apprehenfion of the mifchlefs that. will arife to ;this Province; by reraoving^ rhe prefent reftraints Upon making paper-money within ; the adjoining Colonies: salthoughi the arguments ufed- in it conclude againft' "the ,ufe; of paper-money in general. The few obfervations I have to make .upon this fubjeft, I fhall apply to the general queftion. , -..ul , ;- j.i s. When C 48 3 When I firft came to America as Governor of New Jerfey,. I was placed araong paper-money the moft cre ditable of any on the continent, never depreciated; and accompanied with a fufficient quantity of filver fpecie for external trade : and yet, through all this fair face, the ill confequences of thofe emiffions were very appa rent at no great diftance. In the firft place, there Was no obligation for redemption at a certain time, notwith- ftanding inftruftions to Governors, and claufes of bills in purfuance thereof. For before any fett of bills wer<^ redeemable, another fett of bills were emitted, with the bfual claufe of their being a general tender. They there fore were a tender at the Trediiry for the redemption of expired bills. In vain, therefore, did the poffeffor of bills read upon the face of them, that he was intitled to a certain quantity of filver ; when he applied for it, he might be told, that by fubfequent laws the filver wa§ turned into paper, and that he would have no right to infift upon being paid in filver, whilft any eniiffion of bills remained unexpired. This was generally under* ftood to be the law: but it was certainly not fo with re gard to the poffeffors of the bills who were not fubjefts of the province, and therefore were not bound by the fubfequent laws fubftituting- new bills in lieu of the filver promifed by old ones. We read in the news-papers, that the merchants of .London-.^ who folicit for leave to emit paper-money, propofe that this paper-money fliall not be a ten- - iier for debts due to Britijh creditors. They are 2 in i 49 1 in the riglit to take care of themfelves ; but they ffiould alfo have confidered the propriety of their endeavouring to put others under dangers and difficulties which they proteft againft for therafelves. If there is no danger of the paper-money^ for which they folicit, depreciating, wily won't they run the rifle of it therafelves ? if there is a danger, why will they folicit it ? if they would per- fuade the Parliaraerit to have Confidence in American paper-money, they ffiould ffiew it in therafelves : but I believe every one will be for guarding againft it as well as they can* If the Britijh creditors are to be exempt ed from the claufe of tender, they of Majfachufets' Bay^ Which deals Only in fpecie, have a right to expeft the jfame exemption ; the colonies, whofe paper has not de preciated, will expeft to be exempted" from that Which is now in aftual depreciation ; and', in the next ftep, eaph colony will require to be exempted from the paper of all others : and, at length, as the circulation is con trafted, and the credit impaired, the people will want to be exempted from their Own paper* I remember upon a time, when I had the honor to converfe with the late Earl Granville, then Lord Pre- fident of the Coundl, upon the fubjeft of paper-money, his Lordfhip obferved, that enforcing its currency de ftroyed its credit ; and added, that if Bank bills, which were now current almoft preferably to caffi^ were to be made by aft of Parliament a legal tender, they would ' Immediately depreciate. This obfervation is at firft,L ftriking, and, when applied to the American papu -. H money, 5° money, fbrms an argument that is unanfwerable. Every . ftate or corporation, as well as private perfon, has a certain quantity of credit, within which they can bor row any money they pleafe. Every colony, I fuppofe, is at liberty to borrow money in this way ; and fo long as their credit keeps up, their fecurities will circulate. But when they corae to afk leave to enforce the circula tion of fuch fecurities beyond their natural credit, what is it but to oblige people to lend thera raoney whether they will or not ; or, in other words, to take from the people their money againft their will ? I have always thought, that to oblige people to take paper inftead of money, except under the exigencies of real neceffity, is a very defpotic aft : and yet in America, becaufe it has happened to coincide with the fcheraes and interefts of the popular leaders, it feems to have changed its nature. What would be faid, if the Parliament of Great Britain fhould raife money by iffuing notes enafted to be legal tenders ? A principal objeftion againft paper-money feems to me not to be taken notice of fo much as it deferves.. It is this : When the currency is the only fpecie, it forms a kind of barometer^ whofe rifing and falling fliow the people the increafe and decreafe of the general ftock. If they are carrying on a lofing trade, or import more than their exports will pay for, or live at a greater ex- pence than their income will bear, the want of cafh. ^^ves them warning, and obliges them to attend to It. fj;^-« v.vhere the currency is paper, and that in plenty, a people [ s-^ 1 ^fl people may go on, by the various means of a lofing ^trade, unneceffary imports, and extravagant living, to the utmoft extreraity of bankruptcy, without having any warning, exct^pt perhaps the depreciating of their pam per. And this laft is generally made ufe of to encreafe the calamity, by the introduftion of nuraberlef? frauds, for which it is peculiarly calculated. So that when the people are obliged to ftrike a balance, they find t'hem'- felves deep in debt, without a fliilling to pay, without money, and without credit, calling in vain as privates, for what they owe to therafelves as a public. I have in a former letter to your Lordffiip's office, called papers- money the negative power of riches ; it is doubly fo ,: it at firft occafions all the fpecie in the country to be carried out of it ; and afterwards It creates a want of an extraordinary quantity of fpecie to pay the debts, p.£ which it bears the teftimony. But after all that has been faid againft paper-money, I am fenfible that it is not fo eafy to tell how to get rid , of it, as it Is to ffiew hs mifchievoufnefs. A colony who fets about changing their paper Into a fpecie cur rency without a lucky opportunity, fuch as the Majfa- £hufets laid hold of, will have many difficulties to ftrug.^ gle with before they attain their end. But they m-uft:" fucceed, if they perfevere ; for a balance of trade in their favor, and a proper oeconomy in their domeftic expences, muft produce an encreafe of fpecie, qntjl there is enough for the ordinary currency. But the apisfortune is, th^t the advantages propofed from fuch H 2 m r s^ 3 an effort are diftant, and the inconveniencies attending jt are immediate. People are top intent upon the prei fent ; they would hav^e pofterity do fometbing for them \ and by the means pf paper-money they really effeft it, Hence arife folicitations fpr paper-mpriey, fifft founde4 on felf-intereft, and afterwards enlarged by connexions, Rut furely if people would look forward for a fewyear? to come, they wpuld chearfully fubmit tp fome tempo? rary inconvenience, in prder to remove the accurfed thihg from them, and fubftitute in its ftead real richer and true credit for all future time, r have, according tp the defire and expeftation pf the Council, communicated to your Lordffiip my fentiments upon the fubjeft of the papers enclofed ; at the fame time I fubmit them. I haye run into greater length than I intended ; but 1 hope the importance of the fub: jeft, and the earneftnefs of this government to heap teftimony againft paper-iponey, will excufe it. I am, yc. L E T T E I| i: 53 J LETTER XIIL To tlie Lord -? — r ^r^—. — My Lord, Bojion, Jan. 28, 1768, IUnderftand tjiat it is a prevailing opinion on your fide the ocean, that America, if let alone, will come to herfelf, and return to the fame fenfe of duty and .obedience to (Irre^at Britain which ffie profeffed before* Rut it feems to rae, that difcerning and confiderate men on this fide the water expeft no fuch thing. If indeed fhe ill temper of the Americans had arofe from acciden tal caufes, and e?;ercifed itfelf without meddling with fundamental prirwriples, the caufe ce^fing, the effefts might alio ceafe ; and the fubjeft of complaint being remoyed, a perfe^ a;id durable ^conciliation might be reftored, But when tiie difpute has bjeen carried fo far as to in- volye in it matters p( the higheft importance to the im perial Sovereignty ; when it has produced queftions which the Sovereign State cannot give up, and the De pendent States infift upon as the terms of a reconciliation ; whe^ the Imperial State has fo far given way as to let the /)f/ie«(i;f«/ States flatter. themfelves that their pretenfions ^re admiffible ; whatever terms of Reconciliation time, accident or defign may produce, if they are deficient in jfettling the true Relation of Great Britain to her Colo' fifes, aad afcertainiijg tiie bourids of thie Staverei^nty of the [ 54 ] the one, and the Dependence oi the other. Conciliation will be no raore than a fufpenfion of aniraofity ; the feeds of which will be left in the ground ready to ftart up again whenever there fliall be a new occafion for the Americans to affert their independence of the authority of Parliament ; that is, whenever the Parliarnent ffiall make ordinances which the Americans ffiall think not for their intereft to obey. It was eafy to be forefeen, that the diftinftlons ufed in Parliament in favor of the Americans, Would be adopted by them and received as fundaraental laws. It would fignify nothing by what number thefo diftinc- tions were rejefted : the refpeftablenefs of the names of the promoters of them, and the apparent intereft of the Americans in maintaining , them, would outweigh all authority of numbers for the contrary opinion. It was alfo to be forefeen, that the Americans would carry thefe diftinftions much further than the promoters could pof fibly intend they ffiould be. But yet they never gave me any concern; becaufe they carried their remedy with them: if they were hurtful to the conftitution, they had an antidote at hand ; and, like the ancient fpear, if they wounded the Sovereign ftate, they pror duced a ruft to cure it. If the Parliament cannot tax the Americans becaufe they are not reprefented, it raay ?,llow them Reprefentatives, and the authority is comr plete. .1 have been ufed^ and always difpofed, to fet a high value-, \jpon the wifcLom of. ftatefihen, perhaps fometimes higher [ 55 3 higher than it m3y deferve ; and I ara ftill defirous ra ther to err on that fide than the oppofite. When the great Man, for whofe political abilities I then had and ftill have the higheft reverence, founded hi? impeach ment of the power of Parliament to tax the Americans upon the want of American Reprefentatives, It appeared to me to be a ftroke of refined policy, 1 confidered this difficulty to be ftarted, in order to inforce the neceffity of allowing the Americans to fend Reprefentatives to Parliament. I confidered not only the advantages which might arife from fuch an ordinance for the prefent, by removing all objeftions to the power of Parliament ; but alfo the benefit which muft arife for the future, by incorporating America with Great Britain in an "Union, which muft more effeftually prevent a feparation than can be provided by any other means. If this purpofe had been purfued to this conclufion, the author of it would have been defervedly efteemed the benefaftor of both countries. Without this conclufion, it is not eafy to fee how this contravention of the Authority of Par liament can be of fervice to either. Let us ftate the pofitions, urged in Parliament on the behalf of the Americans, and the ufe which has been made of them in America, and fee how far the chain of reafoning can be extended. It was faid in Parliament, that, I. The p.arllament \izd no right totaxtheJwm- cans, becaufe the Americans have no Reprefentatives in Parliarnent. 2. But they have a right to irapofe port .duties,, or fx/fr.K^/t^xes, becaufe fuch duties are for z tbe C 56 J ^ the regulation of trade, g. The difference Isetweeh ati external and Internal tax is, that the former is impofed for the regulation of trade, and the latter for radfing a revenue. Froill thefe premifes, the Americans have drawn the following conclufions : i. Port duties, im pofed for raifing a revenue^ are internal tzxesi Zi Port duties, of which the produce is to be paid into the Ex chequer, for the ufe of Government, are impofed for rai fing a revenue. 3. The produce of all the port duties^ impofed upon America, is ordered to be paid into the Exchequer, for the ufe of Government. 4. Aft the pert duties, impofed upon America, are internal taxes. The only difference between the port duties declared to be for raifing a revenue, and thofe of which no fuch de* claration is made, is, that in one, the intention is ex plicit ; in the other, it is implied : they both comg within the definition of internal taxes, and there are no taxes left for the diftinftion to operate upon. This is not a fiftitious argument, but a real one, noW urged and infifted upon as the terms of a good agree-* ment between Great Britain and her Colonies., Fof proof of which, I refer your Lordffiip to the Farmer's Letters, in which you will find the whole of this argu ment laid either pofitively or confequentially. What then ffiall be done ? ffiall the Parliament make a neW declarative Aft ? fee ! here are counter declarations to the former Aft. Shall they take no notice of thefe American pretenfions ? they will then be confirmed in the minds of the Americans, and becoKie really what they C 51 j they are now proclaimed to be, a Bill of American Rights. The right way to get rid of thefe difficulties, which have arofe oUt of the political diffenfions at Weji- Tfiinfier^ is to allow the Americans to fend Reprefentatives*. ¦^his Will be a full anfwer to all their pretenfions : it. has been for fome time paft expedient ; it Is now become neceffary. In one of the news-papers, inclofed with tliis, is a fpeech, faid to have been fpoke in the Houfe of Lords, •which has been reprinted from a London Pamphlet* Thd whole argument of t"hls does not tend to fliew that the Americans oiight not to be taxed; but that, pre- ribufly to their being taxed, ttrcy ought to be allowed to fend Reprefentatives. This has been extremely well received here, although tbe conclufion isfor an Ameri^ can reprefentation. If this was really a fpeech of a Lord of that Houfe, it might have been properly an-- ^ete^ by admitting the conclufion, and thereby avoid ing a difpute about the premifes. if the Americans fliould be allowed RepreTentatives, it Would become ^ queftion merely fpeculative, whether Reprefentation is ri^cefTary to taxation or not. And yet iJie Arhericant in general do hot defire a Re* f refentation, though tbe publications on their behalf all tend to that conclufion j' and' fome of thenr feem calcu-* lated to force the' Parliament into that meafure^ as the dfily one which will fatisfy them. The truth is, that though the leaders of the people fet out with a view of obtaining a Repirefentation^ and hare never loft fight of r hi t 53 3 it; it has but lately occurred to the People in general,^ that this may be a probable confequence of their d^eny- ing the authority, of Parliaraent': the former have had, no objeftion to being* Reprefentatives ; but the people^ , .¦.-''si ¦ , i .'{'¦'., 'y . i .'' i ¦ ¦ have not as Vet feen their intereft in fendinoj them. 1*^ is frora this "difpofition in the demagogue?,, as welj as ffohi the fupport they received in Parliaraents turning upon the fame queftion, that the Americans haye founded all their argninents .againft, the authority of Parliament, on ttieir want of Reprefentatives in it; and a fyftem. for ^ feparatihg (iiera'ivbva Parliament, is formed upon a pfopofitipn, which it is in^the power of the ParliamejnL af pleafure to dpnvert into the raeans^ of more^ ^.l^l^Jjir uniting them with it. But the nftutfual intereft of l^he two countries feems to be equally mifunderflopd pn bptK fides of the water. , . ' - ...... ,;;';,.¦- ¦ -'¦",>''*> ^''*'*- I will illuftrate' this account of the ideas of the Ame-t ,1 ,- -•,¦;''. '.i .' , ' ' . .; . - - ':..' r:."0;.'. ricans by a frefli faft.' At the opening of the prefenti Seffion of the Affembly of this "Prbyince, a Member, who had diftingiiiffie'd himfelf by carrying the obj,ecr> tions to the authority' of Parliament to their greateft length, how in a fet" fpeech, retrafted all his former opinions; and faid, that he had fully informed hi.mfelf ofthe relation between Grffl/ Britain and her Colonies, and was convinced,' that' the povver of Parliament over her Colonies was aibfolute, with thi^s qualification, ;tli^(;- they ought not to rax thera, until" they allowed them,'to ferid Pvepre.fentatrves ; and that, if, the Colonies had.Re-. pfefentatives, the power ofP»r//^wf«f would be as per- "*5 ' ¦ ,' ¦¦ ¦ ¦ ' '' itd t 59 J feft in America as it was in England. He then argued for an American Reprefentation, and faid it was now be come a meafure neceffary to Great Britain and the Colo nies, for the healing the breaches between them. This furprized the Houfe: but their eyes began to open. A member, on the fide of government, charged the oppofition with an intention to m^ke an American' Reprefentation neceffary, by their denying the authority of Afts of Parliament over them, becaufe they were not reprefented. The proofs he adduced, and the equivo- ca*l anfwers of t^e Other party, left little doubt of this. Upon this, an old member (whofe name and charafter are well known in England) faid, that as they were deter mined to have Reprefentatives, he begged leave to re commend to them a merchant, who would undertake to carry their Reprefentatives to England, ior half vvhat they would fell for when they arrived there. Tt tias been a ferious objeftion, thzt American Repre fentatives would be fubjeft to undue influence :but are riot' Englijh Reprefentatives fo ? and is that, an argu ment againft having Parliaments? Another is, that the Colonies would not be able to maintain them. Both thefe, which contrjidift each other, would be eafily an fwered. But the moft interefting objeftion, which is not avowed, and therefore cannot receive a formal anfwer, is, that an American Reprefentation will take away all pretences for difputing the ordinances of Parliament. T|i(^a^raiffion 'iof .^ff/^r/c^w Reprefentatives in Parliament, will allow of the continubg the Provincial Affemblies J 2 for t 69 1 for the purpofes of- Domeftic GEconomy; and therefor,^ no objeftions can be drawn from the ceffatioii of th^ inferior Legiflatures : the fuppofition of which would create infinite difficulties. Upon the whole, my Lord, if there was no neceffity for the appointment of American Reprefentatives (which I think there is„ and that very preffing) the idea pf it greatly enlarges my view of the grandeur of the Brtiijh Empire. A"d, if there is Ejny danger of its falling to pieces, which furely cannot be tpQ much guarded againft, it feems^ ^o- me that npthing can fo effeftually provide againft fo fatal an event, as binding the Colo nies to the Mother-country by an incorporating "Union, and giving tbem a ffiare in the Sovereign Legiflature. If this was done, there could be no difpute about the rights and privileges of Americanos, in cpntradiftion to thofe of Britons ; and an oppofition by force to the Go vernment of Great Britain Would have but one name. And then vye might expeft a longer duration to the entire Britifh Empire, than defponding politicians are vwilling to promife sit the prefent time, and in its pre^ fent ftate, I am, l^c. LE:TTEH LETTER XIV. To -r-T-*- ¦ Efquire, 0ear Sir, Sojon, Sept. 20, 1768. T H A VE received both your kind letters, of July 9th and 30th, and am much obliged to you for yqur friendly profeflions of an atte|tion to my interefts. I am fenfible that you never ha^e been withoiit it; and muft congratulate myfdf, that you are placed in a ftatiou which will afford you frequent opportunity of exercifing your regard for me* The hint you have' given me of my appearing to want Confidence in Government, has been partly ex» plained iu-fome private letters, which have been cora* municated to me. I learn that my Speech, my Anfwer to the town, my giving wq.y to the populace, &c. have done me much injury, fo that my want of fpirit, in Gondufting the new meafures, is much fufpefted. As for my Speech (I know not which is meant) and my Ati-» fwer to the town, I would ask what Conceffions have I made that I ought not to have done? or what elfe is blameable in them, except ufing civil words? and of what fervice, at that time, would have been the ufe of barfh words ? As for giving way to the populace ('ii whofe hands, be it obferved, I have been left for above three years) I would again a/k, what have I given up to C ^^i 3 'i to them that I could maintain? and how wbuld, it have ferved his Majefty's caufe, for me to have brovbked the people, in whofe 'power I Was; to have knocked me on the head, or drove me out of town ? They, who fufpeft'my want of fpirit, ffiould go back to the latter end of the year 1765, and" the beginning ind 'greater part of 1766; when my friehds in vain en deavoured to perfuade hne to confuh ray Safety at the espence'of my Duty: let them read my S.peeeh on QSiober 25, 1765, of which the J.ieutenant' Governor faid fome iytue after, that he waswrprized to fee 'hie in'the Pro- rioce fo long after I had made'that fpeech. '"Ih thisi. fpirited conduft, I pcififted till I found it Hid not agreq with the Syftem at home, which i^^uired lenient mea fures and foft fpeeches to bring afeotftConciliatioh with out Correftion. 1 knew that, this would not do with" the people I had. to deal with: but I could not difpute about it. And now the Syftem is changed, andfpirited mea fures are found neceffary, why ffiould 'it be fuppofed' ^ that I.ca'nnot re-affume fuch a conduft under -the affu- ranee .of being fupported, when I fo readily affumed it upon my own jndgeirient Pnly, without knowing whe ther IfliQuld be fupported or not? All the reafon I can fee; for fuch a fiifpicion, is, that I was not, a;t the dif tance of 3©oo iniles, 'acquainted wirh the political ""';¦ change, at the time it took place in London, and conti nued,. t(i..aft upon the old;Syftem'befor€ I was well in formed of the new. one. i ,u. . . ¦¦ V L ^3 ] ^ l\^\d«;lp,a good deal, worn with my tbl'mer'ier- vice, which has been fevers and difpiriting for three, years paft ; and I had'«Bxpeft^^n that I was even now going to receive my rewara^iSDeing*placed in a ftation where I ffiould have health, peace, and competence. I carried my expeftation fq ^ar, as'^t^en|pge a cabbin, and .fix upon a day, fot embar^in^ ^ Butlfcice the King's fervice requires that I-^^ioiild'-contlnue here in further aftion, I fubmit chearfully leai^ deftination ; and hope I have ftrength enough tolplfelbnother campaign. If the difpute lafts much longer, it will be too much for uie. 4J therefore, hope that my Lord 's 1ll|nd intentiabs tovijardsjiri^^ill^be kegt aliveJ^lKthey h*"* tjaeir full effafti^ anSl^ a( nogr^t diftanle of time I am, £5"^. P SI N- {VXrtyn€6 / '^ 'Uj^J ^/J PRINQIPLES LAW AND POLITY, A P P L 1 *D "^ O THE GOVERNMENT of the BRITISH COLONIES .1 N AMERICA. Written in the Year 1*64. ''\"'' This Is the Effay mentioned in th^ Letters VL an^ VIL C 67 3 PREFACE In the Year 1764. A VIEW of the prefent wealth, power, and ex- -*^ tenfion of the Britijh Empire is alarming as well as pleafing : we cannot but be concerned for the ftability of a fabrick built on fo disjointed foundations, and raif ed to fo great a height ; and muft be convinced that it will require much political fkill to fecure its duration. The moft obvious means to effeft this, muft be an Union of the feveral parts of '.fhis vaft bpdy, and efpecially a Conneftion between the Seat of Empire and its Depen-' dencies; a Conneftion not created by temporary expe dients, or fupported by enforced fubjeftion; but eftab- liffied upon fixed Principles of Law and Polity, and maintained by a regular, free, and equitable fubordina-» tion. What are the principles which will beft conneft the Head and the Members of this great Empire, is the fubjeft of the prefent enquiry. They ought to-be fim ple, plain, and certain, or they will not be fuitable to their general purpofe ; they ought to be generally ad mitted, or they will not have their full effeft; they muft be fuch as will ftand the tell of reafon, or they will not. be generaUy admitted. In this difputative age, and in a fcience of all the moft difputative, it may feem a difficult talk, to attempt to fet- K 2 tie t 68 J tie a general theory for a bufinefs in whic^ fuch a va- Tietyjii paeons, prejudices, and intfrefts, ^re lik^.to interpofe. ' »enfible^of this, and ftu'dlous onfy of Trutth and Utility, the writer has avoided declamation, and kept clofe to argument. He has ledbcfed^ his whole fub jeft into a fet of propofitions; beginning with firft prin ciples Which are felf-evident,' proceeding to propofitions capable of pofitive ppoof, and defcending lo'hypothefes vvhich are to be detennined 'by degrees of probability only. This was intended to be a perfeft chain-, the avoiding of prolixity' is the caufe why it isnotfo; where any links 'ffiall appear td be wanting, the judicious reader will eafily fu'pply thein. The advantages' of this kind of writing are obvious: by feeing the principles' and the reafoning of t-be arguments laid before hira articulately, the. reader caii moa-e precrfely deterraine what' to affent to,' and what to deny ; and the writer, if he ffiould ap pear to. be mi'ftaken, will have the merit' of contributing to his own conviftion. The prefent expeftation, that a new Regulation ofthe American Govevnmtnts ivill foon rake {ilace, probably arifes more from the opinion tbe public has of the abi lities of the prefent Miniftry, than from any thii^g that haS' franfpired from the Cabinet : it cannot be fuppofed that their penetration can overlook tbe neGeft?ty of fuch a Regulation, npr their public fpirit fail ro carrylt into execudon. But it may be a queftion, whether the pre fent is a ptopei: time for this work : more' urgent bufi nefs may. ftand -before it ; fome preparatory fteps may ^ be [ ^9 3 be required to precede it; caution and deliberation may retard it: but thefe will only ferve to poftpone. As we may expeft that this Reformation^ like all others, will be oppofed by powerful prejudices, it may not be amifs to reafon with them at leifure, and endeavour to take off their force before they become oppofed to Go vernment. PRINCI. C 71 3 ' '''' '. PRINCIPLES OF ,;.„;, LAW AND POLITY. I. np HE Kingdom of Great ¦ Britain is imperial i that is. Sovereign, and not fubordinate tooj: dependent upon any earthly power. 2. In all imperial ftates there refides fomewhere or other an abfolutc power, which we will call the Sovc neignty. .... ,':.;;;. .¦-.. g. The Sovereignty of Great Britain is in th&Kii^iii Parliament ; that is, in the King, afting with the advice and confent of the Lords and the Commons (by their Reprefentatives), alTembled in the ParUament of Great Britam. 4. The King in Parliament hzs the folc nght bf le- giflation, and . the fupreme fuperintendency of the go vernment ; and, in this plenitude of power, is abfolutc, uncontrojable, and accountable to none ; and therefore, in 3 political fenfci can do no wrong. 5. The Execution of the government is, in tbe King alone, to be exercifed aiccording to the laws of the country, written and unwritten, • 6. The C -72 3 6. The exercife of this right Is the King's Preroga tive J and, whilft it is regulated by the laws, the King jc^n do^Jio wrong in fuch, exejxife. ^^ -- ^ v /-y.v^he kiA*s ar©- eitJ^er unwritten, that is/iules pf government imraemorially admitted and approved ; or written, that is, ordinances of the Parliament. 8. The privileges tti the people are the right of hav- in§^~5j6n]i|iiftfrely| ljy» thfir ^fp^e/"entatlves, &ne third part of the fovereign legiflative power, and of enjoying feparately the proteftion and benefit of the laws. ;^,9.J'The kin'gdorix oi Gfi/atrBrhamhaJB, befongiiig-ft) "aBdidepehding . upon ii^ diyers, external' doffiinions and countries; all which,- together, with.Gr(?af!5rti2»?, fotln the'Bviiijh.Ekpin^': Let, therefore, the Erii^ Empire ^nlfy»i the .agguiegpate body of the BritijBi.dBmim6ti% and the Kingdom of Great Britain the ifland which' is the 'ie^of 'tfiergovemmeot. ^- ;'v. • ;ivr,'.:;'v. acT cu."n*awfjThd King in Parliament ^ is the fole and abfolute ¦Saanrerp^ of the whole Britijh Empire, jo ';l I r. No members of the Britijbi Empire^ other than the Parliament of Great Britain, can have a right to in- sarfejejiffe the eiercife of this Soverdgnty, but by being •a(^piried.:dntiO the Parliament, asr Walks, Che^er, and DahfeiB have beffio, and Ireland raay be. ; - 1112. Such an, onion is not neceffary to the generality of the Britijh external dominions ; but it may be expe- ^ie&taa&knKJft of them- ¦;, j5 i"|o ThPE esdernal Britijh dominions, without fuch an anion, are fubordinate toiand dependent upon the King- ¦^ " T -' dom [ 73 3 dom of Great Britain, and muft derive from theftce all their powers of legifladon and jurifdiftion. 14. Legiflation is not neceffary to an external and de pendent government; jurifdiftion is neceffary and effen- tial to it. Therefore, 15. A feparate Legiflation is not an abfolute right of Britijh fubjefts refiding out of the feat of Eihpire ; It may or may not be allow,ed, and has or has not been granted, according to the circumftances of the commu nity. 16. Where it is granted or dlowed, it muft be exer cifed in fubordination to the Sovereign power from whom it is derived, 17. No grant of the power of Legiflation to a depen dent government, whether it comes from the King alone, or from the Parliament, can preclude the Parliament of Great Britain frora interfering in fuch dependent go vernment, at fuch time and in fuch manner as they ffiall think fit. Becaufe, 1 8. Though the King can do afts to bind hifiifelf and his fucceffors, he cannot bind the Parliament ; nPr can the Parliament bind their fucceffors, nor even thera felves. 19. It is the King's prerogative to provide fot the adminiftration of juftice in general, according to law. 20. In places to which th6 ordinary adininiftration of juftice does not extend, the King has a right to make extraordinary provifion for it, fo that fuch provifion be E jis [ 74 ] jas conformable tq the laws as the c?fe will permit. Neverthelefs, 21. It is the right of the Parliament, by Its fupreme power of legiflation and fuperintendency, to adjuft and fettle finally the powers and modes of jurifdiftioii. Therefore, 22. The new jurifdiftion? eftabliffied by the Ki7ig, until tliey ar^ cpnfirmpd by ParUament, afc only tem porary provifions. 2 3 . The King has a right to grant to private perfons goods or lands which haye been Required by, or have fallen to the general eftate, fp that fuch grants be agree able to law ; in which cafe, they are prefumed to be be neficial to the community. 2^. Such grants m^y be enquired into legally by thfi. courts of law, and difcretionally by the Parliament; and if they ffiall be fpund to be illegal, exorbitant, or preju dicial to the community, they may be aypided, upon a prefuraption that the King was deceived. , ?5. A grant UPP° ? condition performedj pr tp bp performed, is a grant upon a valuable confideration : if the condition is performed, the graritee becomes a pur- chafer for value ; if It is not performed, the grant is void. 2(5. Jurifdiftipn, being a matter pf public truft, ai^d pot of private property, cannot be claimed as granted for a valuable confideration. 27. If a grantee prpfeffes to hold a jurifdifliop a$ a property yielding profit, he proves that he ought not to held C 75 3 hold \t; as the prbfit muft aiife from foimething tt other prejudicial to the public ; for Whofe fake only jurifdic- tions are or ought to be created or- exercifed. i8. Where the Kifig grants jurifdiftion and lands in one grant, they are in law two feparate grants, as they are to be judged by feparate and diftinft principles; and the grant of the one may be valid,- and of the other void or voidable. 29. The rule that a Britijh fubjeft fhall not be bound by lawsj or liable to taxes, but what he has confented to by his reprefentatives, rauft be confined to the Inhabi tants of Great Britain only ; and is not ftriftly true even there. 30. The Parliament pf Griat Brltdiri, as Well froiii' its rights of Sovereignty as from occafional exigences, has a right to make laws for, and impofe taxes upon, its fubjefts in its external dominions, although they are not reprefented in fuch Parliament. But, 3 1 . Taxes impofed upon the external dominions ought to be applied to the ufe of the people, from whom they are raifed. 32 < The Parliament of Great Britain has a right and a duty to take care to provide for the defence ofthe American colonies; efpecially as fuch Colonies are un able to defend themfelves. 33. The Parliament of Great Britain hdi& a tight and a duty to take care that provifion be made for a fufficient fupport of the American governments. Beeaufe, L 2 3^. The C 76 3 34, The fupport of the Government is one of the principal conditions upon which a colony is allowed the power of Legiflation. Alfo, becaufe 2S' Some of the American Colonies have ffiewn the.^m- felves deficient in the fupport of their feveral Govern ments, both as to fufficiency and independency. ^6. The Colonies ought, fo far as they are able, to pay the charge of the fupport of their own Govern ments, and of their own defence. 37. The defence of the American Colonies, being now almoft wholly a fea fervice, is connefted witb the defence of trade. Therefore, 38. Duties upon iraports and exports, make the moft proper funds for the expences of fuch defence. And 39. It being the proper bufinefs of the Parliament of Great Britain, to eftabliffi and deterraine the neceffary regulations and reftriftions of the trade of their exter nal dominions ; and the duties upon the American im ports and exports being interwove with the regulations and reftriftions of trade ; the irapofition of fuch Duties is the proper bufinefs of the Parliament. 40. The port duties being moft properly applicable tp the defence of the Colonies, it remains that the fup port of the Governraents be provided for by intemal duties. .41. The fund for the defence of the country, and tliofe for the fupport of the Governments, ffiould bc: kept feparate ; becaufe. the former relates to the gene-. ral C 77 3 ral whole of the country, and the latter to the particu lar divifions of it. 42 . The fund for the defence-of the country ffiould be kept entire, becaufe it muft be applied to the de fence of fuch parts as fliall have moft need of it, with out any regard to the particular divifions of the coun try. 43. The feveral funds for the fupport of the Govern ments ought to be kept feparate: otherwife money, raifed by internal taxes in one Province, raay be applied to the fupport of the Government of another ; which feems not to be equitable. /44^ Although the right of the Parliament of Great Britain, to raife taxes in any parts of the Britijh Empire, is not to be difputed ; yet it would be moft advifeable to leave to the Provincial Legiflatures the raifing the in ternal taxes. k^' If the fum? required were fixed, there would be- no inconvenience in letting the Provincial Legiflature de termine tbe manner in which they ffiall be raifed. 46,) It will be more agreeable to the people, that the neceffary internal taxes ffiould be raifed by the Provin cial Legiflatures ; as they will be raoft able to confult the particular convenience of their refpeftive provinces. Whereas, 47. It may be difficult to form a general Parliamen tary tax, fo as to make it equally fuitable to all Pro vinces. 48. It [ 78 3 48. It would make it more agreeable to the people^ though the fum to bs raifed was prefcribed, to leave th© method of taxation to their own Legiflature. 49. If the Provincial Legiflatures ffiould refufe to raife the fums required for the fupport of Government, or ftiould infift upon doing it by improper means, the Par liament might then take the bufinefs into their own hands. 50. But it is moft probable that the people would ac- quiefce In this meafure, and would foon be reconciled to it, when they obferved the good effefts of a certain and adequate eftabliffiment for the fupport of Govern ment. For 5 1 . The want of fuch an eftablifhment has bad bad confequences in mahy of the Governments of the Ame rican colonies, and has contributed more than all other things put together, to contention in the legiflature, and defeft of juftice in the courts of law. Therefore, 52. The eftabliffiment of a certain, fufficient, and in dependent Civil Lift, is not only expedient, but necef fary to the welfare of the American Colonies. 53. Such an appointment will tend greatly to remove all the feeds of contention, and to promote a lafting har mony and good underftanding between the Government and the people. 54. The People of the Colonies ought not to objeft to fuch an appointment, becaufe the fupport of Govern ment is one of the terms upon which they have received the [ 79 3 .t^e power of Legiflation ; and, if the Government is not fupported, the Legiflation muft ceafe : and becaufe 55. The Support of Government ought to be certain and fufficient ; otherwife the execution of it will be un- xfertaln, and its powers infufficient for its purpofes. 56. The Governraent ought not to be dependent upon the people ; and the particular means ufed in fome of ^lie Colonies to keep their Governments dependent, and the ufe which has been made of fuch dependency, afford ample proofs that they ought not to be fo. 57. The right of a people, in a Legiflative Colony, to judge of the expediency of extraordinary and contingent expences, does not conclude for the fame right as to the ordinary and neceffary expences; becaufe 58. The former muft be ever uncertain, the latter may be reduced to a certainty ; the one concerns the welfare only of the Colony, the other the very exiftence as a feparate ftate. £9. The fubjefts of the Britijh Empire, refiding in its external dorainions, are intitled to all the rights and privileges of Britijh i\ih]e6ts, which they are capable of enjoying. 6.Q, There are fome rights and privileges which the Britijh fubjefts, iu the external dominions, are not equally capable of enjoying with thofe refiding in Great Britain. ^i. The right of having a ffiarg in the Imperial Le giflature, is one of thefe incapacities in thofe external dorainions, where a reprefentation is imprafticable. €2. A [ So 3 62. A Reprefentation of the American Colonies In the Imperial Legiflature is not iraprafticable : and therefore, 63. The propriety of a Reprefentation of the Ameri can Colonies in the Iraperial Legiflature, muft be deter mined by expediency only. 64. A Reprefentation of *the American Colonies, in the Iraperial Legiflature, is not neceffary to eftablifti th« authority of the Parliament over the Colonies. But 6^. It raay be expedient for quieting difputes concer ning fuch authority, and preventing a feparation in fu ture tiraes. 66. The expediency of American Legiflatures, does not arife from the want of their having Reprefentatives in the Imperial Legiflature. 67. If the American Colonies had Reprefentatives in Parliament, ftill there would be an occafion for provin cial Legiflatures, for their domeftic oeconomy, and the fupport of their Governments. Bnt 68. All external Legiflatures muft be fubjeft to, and dependent on, the Imperial Legiflature : otherwife there v?ould be an Empire in an Empire. 69. Some external States are incapable of a Legifla ture ; which has often been the cafe of infant Colonies, Therefore, 70. The fame form of Government is not equally proper to a Colony in itg infant and in its mature ftate. 3 71. Thei-Q [ 8i 3 71 4 There may be a middle ftate between . infancy &ud maturity, which may admi^-.pf a form of Gpvern- raentmore proper for i|: than eitlier of the extremes... 72. There is but one moft perfeft form of Govern ment for Provinces arrived at maturity. .. ,., ,7^3* That is the m^oft perfeft form of Government for, a dependent province, which approaches the neareft. to that of the fovereign ftate, and differs from it as little as poffible. 74. There is no fuch form of Qovernment among the American Colonies. And therefore 75. Every American Governraent is capable of having its Conftitution altered for the better. 7<5. The Grants of the powers of Governments, to American colonies by charters, cannot be underftood tobe intended for other than their infant or growing ftates. . 77. They cannot be intended for their mature ftate, that is, for perpetuity ; becaufe they are, in many thiflgs unconftitutional and contrary to the very nature df a Britijh Government. Therefore> 78. They muft be confidered as defigned only as tem porary means, for fetding and bringing forward the peopling the colonies ; which being effefted, the caufe of the peculiarity of their conftitution cpafes. 79. If the Charters can be pleaded againft the autho rity of Par liiinifnt,. they amount to an alienation of the dominions of Great Britain, and are, in effeft, afts of M difraem- C 82 ] difraieinbering the Britijh Empire, and will operate as fuch, if care is not taken to prevent it. 80. To make the Government of a Province the moft perfeft, it is neceffary to regard the Extenfion as well as the Conftitution of it. ¦ 81. A Province ffiould be fp extended, that the ho nourable fupport of the Government ffiould not be bur- thenforae ; and fo confined, that the affembling the Le giflature raay not be inconvenient. ^ 82. Where the Legiflature can meet without inconve nience, the larger a Province is, the more effeftual wilt be the powers of its Government. 83. The nouon which has heretofore prevailed, that the dividing America into many governments, and different modes bf government, will be the means" to prevent their uninng to revolt, is ill-founded; fince, if the Governments were ever fo rauch confo- lidated, it will be neceffary to have fo many diftinft States, as to make an union to revolt imprafticable. Whereas, 84. The fplitting America into many fraall govern ments, weakens the goterning power, and ftrengthens that of the people ; and thereby raakes revolting more probable and more prafticable. 85. To prevent revolts in future times (for there is no room to fear them in the prefent) the moft effeftual means would be', to ttiake the governments large and tefpeftable, and balance the powers of them. 2 . Z6. There t 83 3 86, There is no Government in America at prefent, whofe powers are properly balanced ; there not being in any of them a real and diftinft third Legiflative power mediating between the King and the People, which is the peculiar exceUence of the Britijh Confti tution. 87. The want of fuch a third Legiflative power, adds weight to the popular, and lightens the royal fcale j fo as to deftroy the balance between the royal and popu lar powers. 88. Although America is not now (and probably will not be for many years to come) ripe enough for an he reditary Nobility I yet it is now capable of a Nobility for life. 89. A Nobility appointed by the King for life, and made independent, would probably give ftrength and ftability to the American governments, as effeftually as an hereditary Nobility does to that of Great Bri^ tain. 90. The reforraation of the American governraents ffiould not be controlled by the prefent boundaries of the colonies ; as they were moftly fettled upon partial, occafional, and accidental confiderations, -vvithout any regard to a whole. 91, To fettle the American governments to the greateft poflSble advantage, it will be neceffary to re duce the number of them ; in fome places to unite and cojifplidste ; in others to feparate and transfer; and in M Z general S C 84 3 general to divide by natural boundaries inftead of ima^ ginary lines. 92. If there ffiould be but one form of Government eftabliffied for all the North American Prov\nce% it would greatly facilitate the reforma;tion of them : fince, if the mode of Government was every where the fame,' people would be more indifferent under what divifion they were ranged. 93. No objeftions ought to arife to the alteration of the boundaries of provinces from Proprietors, on ac count of their property only ; fince there is no occafion 'that it ffiould in the leaft affeft the boundaries of pro perties. 94. The prefent diftinftions of one government being' more free or more popular than another, tend to em- barrafs and to weaken the whole; and fliould not bc al lovved to fubfift among people, fubjeft to one King and one Lazv, and all equally fit for one form of Govern* ment. 95. The American colonies, in general, are at this time arrived at that ftate, which qualifies them to re ceive the moft perfeft forra of government,' which their fituation and relation to Great Britain make them capa ble of. . 96. The people of North America, at this time, e.Kpeft a revifal and reformation of the American Gq- vernments, and are better difpofed to fubmit to it than ever they were, or perhaps ever will be again. 97. This C 85 3 97. Thi? is therefore the proper and critical time to reform the American governments upon a ge neral, ponftitntional, firm, arid durable plan -, and if jt is not done now, it will probably every day grow mpre diflScult, till 3t l^ft it becomes imprapr fic^blf, SINCE C 87 3 SINCE thefe letters went to the prefs, there have been publiffied, " The Letters of Governor Hut- " chinfon, &c. with the Affembly's Addrefs, and the '* proceedings thereon before the Lords Committee of *• the Privy Council, and the Report to his Majefty in " Council." As this Profecution is fo very fimilar to that of Governor Bernard about four years ago, as to feem a fecond part of it, it cannot be improper to add to this publication the Petition againft Governor Ber- nard, with his Anfwer thereto, the Report of the Com mittee of Council, and the Order of his Majefty in Council, made thereupon ; that, by comparing thefe two Proceedings together, it may appear of what nature the fpirit is that diftated thefe profecutions. And it will appear, that it was not the perfons of the Gover nors that gave offence, bnt the Governraent itfelf; and that the redrefs they prayed for muft fall ffiort of their purpofe, if it did not procure for them the nomination of the Governors, as well as the appointment of the Council. Then their Government will be compleat, when there is not the leaft remains of Royalty left in it, and the whole is reduced to a pure Ochlocracy, or government by a mob. But perhaps the refolution of the Privy Council, which in both inftances has declared their Petitions to be groundlefs, vexatious, and fcandalous, may put an end to thefe expeftations. THE L 8^ 3 u- T tl E PETITION O F The House (3f Representativ£s of Majfachufei s Bay T O The king's Moft Excellent Majesty. Moft Gracious Sovereign, WE your Majefty's moft dutiful and faithful fubjefts the Reprefentatives of your ancient and loyal Colony of the Maffachufet' s Bay; irapreffed with the deepeft gratitude to Almighty God, for calling to the Britifh Succeflidn your illuftrious Faraily; and fo firmly eftabliffiing your Majefty on the throne N of ['90 ] of your Royal Progenitors ; and being abundantly con-, vinced of your Majefty's grace and clemency; raoft hurably implore the Royal favor, while we briefly re prefent our grievances, which your Majefty alone under God can redrefs. We are conftrained in duty to your Majefty, and in faithfulnefs to our Conftituents, to lay before your Majefty our complaints of his Excellency Sir Francis Bernard, Baronet, your Majefty's Governor of this Co lony, whofe whole Adminiftration appears to have been repugnant not only to your Majefty's fervice, and the welfare of your fubjefts in the Colony, but even to the firft principles of the Britijh Conftitution. I . From his firft arrival here, he has in his Speeches and other public Afts treated the Reprefentative body with contempt. 2. He has In his public Speeches charged both Houfes of the General Affembly exprefsly with oppugnation againft the Royal Authority ; declaring that they had left Gentleraen out of the Council only for their fidelity to the Crown. 3. He has frora time to time indifcreetly and wantonly exercifed the prerogative of the Crown, in the repeated negative of Counfellors of an unblemiflied reputation, and duly elefted by a great majority ; fome of them by the unanimous fuffrage of both Houfes of Affembly. 4. He has declared that certain feats at the Council board ffiall be kept vacant, 'till certain Gentleraen, who are his favourites, fliall be re- elefted. 3 5* He [ 91 3 5. He has unconftitudonally interfered with and un duly influenced, eleftions, particularly in the choice of an Agent for the Colony. 6. He has abrupdy difplaced divers Gentlemen of Vrorth, for no apparent reafon, but becaufe they voted in the General Affembly with freedom and againft his raeafures. 7. He has in an unwarrantable raanner taken upon hirafelf the exercife of your Majefty's Royal Prerogative, in granting a charter for a College ; contrary to an ex- prefs vote of the Houfe of Reprefentatives, and without even aflcing the advice of your Majefty's Council. 8. He has praftifed fending over depofitions to the Miniftry, privately taken againft Gentleraen of charafter here, without giving the perfons accufed the leaft notice of his purpofes and proceedings. 9. He has very injurioufly reprefented your Majefty's loving fubjefts of this Colony, in general, as having an ill temper prevailing amongft them ; as difaffefted to your Majefty's Government, and intending to bring the authority of Parliament into conterapt. And, by fuch falfe reprefentations, he has been greatly inftruraental, as this Houfe hurably conceive, in exciting jealoufies, and difturbing that harmony and mutual affeftion which before happily fubfifted, and we pray God may again fubfift, between your Majefty's fubjeft:s in Great Britain and America. 10. He has, in his letters to one of your Majefty's Minifters, unjuftly charged the majority of your Ma- N ¦> jefty's [ ?2 ] jefty's faithful Council in the Colony with having avowed the principles of oppofition tp the authority of Parlia ment, and afted in concert with a party from whence fuch oppofition originated. II, He has alfo, in his letter to anpther of yoyr Majefty's Minifters, falfely declared that a plan was laid, and a nuraber of raen aftually inrolled in the town pf Bojlon, to feize your Majefty's Caftle William, in the harbour of the fame, out of your Majefty's hands. 12. Such Reprefentations pf the ftate and circum ftances of this Colony, frora a Gentleraan of the higheft truft in it, will pf neceffity be received with full credjt, till they are made to appear falfe. And in cpnfequence, thereof, your M-ajefty's true and loyal fubjefts have fuf fered the reproach as well as other hardfliips of having a military force ftationed here, to fupport your Majefty's authority, and the execution pf the laws ; which mea fure has beep approved pf by your Majefty's two Houfes of Parliarnent, as appears in their refolutioqs. That the town pf Bojlon has been in a ftate of difordpr and confufion; and that the circumftances of the Colony were fuch -as required a military force for the purpofes aboveraentioned, 13. Having been a principal inftruraent, as we ap prehend, in procuring this military force, yoiir Majefty's faid Governor, in an unprecedented manner, and as though he had defigned to irritate to the higheft de gree, ordered the very room which is appropriated for fhe meeting of the Reprefentatives pf the General Af fembly^ [ 93 3 fenibly, which was never ufed for any other purpofe, and where their Records are kept, to be eraployed as a barrack for the common foldiers : and the centinels were fo pofted, as that your Majefty's Council, andthe Juftices of the court of common law, were daily inter rupted, and even challenged, in their proceeding to the bufinefs of their feveral departments. 14. He endeavoured, contrary to the exprefs defign of £>n Aft of Parliament, to quarter your Majefty's troops in the body of the town of Bojlon, while the barracks, provided by the Government at the Caftle, within the Town, remained ufelefs ; and,, for purpofes manifeftly evafive of th? faid Aft, he unwarranfably £^ppointed an officer to provide quarters for the troops, otherwife than is therein prefcribed. l^. After haying diffolved the General Affembly at a raoft critical feafon, and while they were emplpyed in the moft neceffary and important bufinefs, he arbitrarily refufed £0 call another for the fpace of ten raonths, and until the tirae appointed in the Royal Charter for the calling a General Affembly, againft the repeated and dutiful petitions of the people. 1 6. It appears by his letters to the Earl of Hllljbo- rough, your Majefty's Secretary of State, that he has endeavoured to overthrow the prefent conftitution of Government in this Colony, and to have the people deprived of their invaluable Charter Rights, which they pd their anceftors haye happily enjoyed under your Majefty's C 94 ] Majefty's adminiftration, and thofe of your Royal Pre- deceflbrs. 17. By the raeans aforefaid, and raany others that might be enumerated, he has rendered his Adminiftra tion odious to the whole body of the people, and has entirely alienated their affeftions from him, and thereby wholly deftroyed that confidence in a Governor, which your Majefty's fervice indifpenfably requires. Wherefore we raoft hurably intreat your Majefty, that his Excellency Sir Francis Bernard Baronet, raay be for ever reraoved frora the Governraent of this Pro vince: and that your Majefty would be gracioufly pleafed to place one in his ftead, worthy to ferve the greateft and beft Monarch on earth. And the Reprefentatives of the Colony of Majfachu- jet's Bay, as in duty bound, ffiall ever pray. In their name, and by their order, figned Thomas Gushing, Speaker. THE I 95 1 THE ANSWER O F SIR FRANCIS BERNARD, Bart. Governor of his MAJESTY'S Province of Massachuset's Bay, T O The Complaint preferred againft hira by the Houfe of Reprefentatives of the faid Province, now depend ing before his Majefty in Council. 'np HIS Refpondent protefting againft the uncertain ty, generality, irrelevancy, and infufficiency of the faid coraplaint, and againft his being required to make any unneceffary, fuperfluous, or imprafticable proofs, particularly proofs of the negative of fuch affertions in the faid complaint as are not fupported by any evidence, and by their generality and want of par ticular allegations are incapable of negative proof; and alfo protefting againft the unfair praftices ufed by the complainants, or at leaft by the Speaker and Clerk of the faid Houfe, to deprive him of the benefit of fuch evidence, both written and Verbal, as was to be » had [ 9^ J had only at Bopn, by refuiing to give him a copy pf the faid coraplaint, frora the 27th day of Ju72e, \i6^i when the faid complaint paffed the houfe, unto the 27th day of July, being but three days before the day fixed for his departure for England, although he frequently applied to the Speaker of the Houfe for fuch copy, of the truth of which he is ready to make oath : to the complaint, or to fuch part thereof as is material for hira to anfwer to, anfwereth as foUoweth ; And, firft, the Refpondent begs leave to obferve of the coraplaint, that it had its origination in a refentment againft the Refpondent, for his being charged with cer tain orders of his Majefty relating to the Houfe of Pve- prefentatives, and his declaring his intention to obey fuch orders. This will appear from the Journals of the Houfe of Reprefentatives, where it will be feen, that on June 21ft, 1768, the Refpondent fenta raeffage, in-' clofing an extraft of a letter frora the Secretary of State to hira the Refpondent, fignifying his Majefty's pleafure, Tbat he fliould require the Houfe to refcind a refolution of a forraer Houfe, and declare their difapprobation of the fame. On Jurie 23d, the Houfe defired the Refpon* dent would give thera a copy of the other part of the Secretary of State's letter. On June 24th, the Refpon dent fent a copy of the other part of the letter, by which be was ordered, in cafe of refufal, to diffolve the Affera" bly ; and faid, that, if they obliged him to it, he muft obey his orders. On June 30j;h, the Houfe paffed » vote, that they would not refcind, ^c. and paffed an anfwer C 97 3 anfwer to the Refpondent to that purpofe ; imincdiately after which, they appointed a comraittee to prepare a petition to the king to remove the governor. The pe tition being ready prepared, was immediately reported and read ; and upon debate. It being obj efted that there was no proof of the fafts alledged, the petition was re-committed, and the committee was ordered to bring evidence in fupport of divers articles. Thus it refted until anew affembly raet in May, 1769, when this com plaint was revived, with fome little alteration, and fome additional articles arifing frora new fafts ; and notwith- ftanding it had been before rejefted for want of proof, it was now admitted without any proof, and paffed the houfe the 27th day of June, i'j6g. It has been fince circulated throughout America and Great Britain, in news-papers, raagazines, and paraphlets; it has been coraraented upon, and argued from, as true, in diffe rent papers ; and the Refpondent has been called upon, by anonymous writers, to anfwer this complaint before the public, whilft he was endeavouring to obtain a hear ing of it before the King in Council, and the ageiit for the Complainants was doing all he could to prevent ir, under a pretence of waiting for proofs. I. And the Refpondent, further anfwering, faith. That the firft article is notorioufly untrue, it beino- well known to all who are acquainted with the government of Mafachujet's Bay^ that from the tirae of the prefent governor's (the Refpondent's) entering upon that go vernraent, which w'as in Augujl, 1760, until the oppo- O fition C 98 3 fion made to the ftamp-aft, which began in the year 1765, a very good- underftanding and' agreement of fentiments and aftions between the .governor and the affembly, in both its branches, continually prevailed ; of which the Journals of the Houfe afford many preg nant proofs. But, after the oppofition to the Parlia ment was adopted by die Houfe of Reprefentatives, it ¦became irapoffible for the Refpondent, or any governor, to do his duty and preferve his popularity. 2. The Refpondent admits, that he did declare that -the General Affembly left gentleraen out of the Council only for their fidelity to the Crown ; and if this is to be deemed oppugnation againft the royal authority, he admits this article to be true. And to juftify fuch de claration he obferves, that, upon the eleftion of coun fellors in May lySS (which was about a month after they had.received advice of the repeal of the ftamp-aft)^ the majority of- the General Aflembly turned out the lieutenant governor (who was alfo chief juftice of tbe pro-vinee), the fecretary, two other judges of the fupe rior court, and the attorney general, all of them men of, iiTeproachable charafters, and high eftimation among the people. There was no accounting for the depriv ing the government of the fervice of men of fuch high offices, and known abilities and integrity, but from ati intention ro lower the King's authority in the govern ment, and reduce the royalty of it to mere form, and" veft all the real power in the people. That this was and is ftill the imentiun-, has been fince ma'de plain by further r 99 3 further proceedings in fubfequent eleftions, in which every counfellor who has been known, believed, or even fufpefted. to be difpofed to fupport the authority of the King and Parliaraent of Great Britain, or the royal rights of the provincial government, has been turned out of the Council. The Refpondent begs leave to re fer to a lift of connfellors who have been thus turned out at the four laft eleftions, which, by an enquiry into the charafters of the perfons frora thofe who are ac quainted with the province, will fully prove the affer tions above raentioned. 3. The Refpondent adraits, that, fince the exclufion of the lieutenant governor, fecretary, judges, and at torney general, frora the council, he has repeatedly ufed the right given to the governor by the charter, of ne gativing perfons elefted for counfellors, and returned to him for his approbation; but he denies that he has aft ed therein indifcreetly or wantonly, or upon any other motive than that of promoting the King's fervice. He has, from time to time, fignified to his Majefty's Mini fters- the principles upon whieh he formed his conduft ir\ this refpeft, and has had the honor to have fuch con duft approved of by his Majefty, as was fignified to hiin by the Earl oi Shelburne; at that time one of his Ma jefty's principal fecretaries of 'ftate, by his letter dated Sept. 17, 1767, which was after' the fecond time of his exercifing his negative ; from 'which letter he begs leave to irjfert the foUowing words : ' » "'' ^. . /¦; ;, ¦". ... ri/.-^i , .. '^'J^i^f 'i"' "r" i ,: .,-\j 0 a "I have [ 100 3 " I have the pleafure to fignify to you his Majefty's " approbation of your conduft, and to acquaint you, " that he is gracioufly pleafed to approve of your hav- " ing exerted the power lodged in you by the conftitu- *' tion of the province of Majfachufet's Bay, of nega- " tiving counfellors in the late eleftions, which appears ?' from your feveral letters to have been done with due *' deliberation and judgement." 4. The Refpondent denies this article to be true, fo far as it relates to the inforcing the re-eleftion of his favorites ; for he has no favorites in refpeft to the go vernment, but fuch as have recommended themfelves. by fidelity to the King, and ability to ferve him. In this light the lieutenant governor and the fecretary may be confidered as his favorites ; and if fuch declaration was made, it was in favor of thera and thera only : and he believes he did raake fuch declaration upon the follow ing acfount. Upon the exclufion of thefe two gentle men from the Council (of which they had been raera^ bers for many years, and by their particular funftions, as as well as their knowledge of the public bufinefs, were becpme almoft neceffary to that body) upon enquiry into thp conftitution of the prefent governraent, it ap peared frpm theufage under the forraer charter,- from confiderations previous tp the granting the prefent char ter, from the words pf thp charter itfelf, and frora the praftice pf the firft year ^ftpr the opening the charter, that the lieutenant governor and the fecretary had a fight to f?3f§ ^nd voices in the Cpyngil iii vjftue of their effic?5| [ IOI ] offices, and without being elefted thereto, and did aftually enjoy fuch right for one year as aforefaid. But upon the eleftion of a new Council at the end of the firft year, the afferably elefted the lieutenant governor and the fecretary among the twenty-eight eleftive coun- cellors, inftead of permitting thera to be fuperadded to the eleftive counfellors, as was defigned by the charter, and praftifed the year before. The lieutenant governor and fecretary acquiefcing in this, probably from their unwillingnefs to difpute with the affembly, upon whom they were dependent, fubmitted to take their feats as elefted counfeUors, inftead of official merabers of the Council. And this method prevailing ever after, the King has, by thefe raeans, been deprived of the fervice of his lieutenant governor and fecretary, the nomina tion of whom he had referved to himfelf, in his council, where it appears to have been intended they ffiould have feats in virtue of their offices. And great detriment has > arofe to his Majefty's government by their being exclud ed the Council at particular times, when they have been moft wanted, as for late years has been very obfervable. The Refpondent therefore having difcovered this ufurpa- tion, and finding it too much confirmed by time, for him of himfelf to undertake to reftore the lieutenant gover nor and fecretary to their rights, did tranfra.it an account pf it to the King's Minifters, and did mention the fame to the Council of the Province, or fome of them ; at the fame time declaring, that as the lieutenant, governor find the f?eretary had ^ inherent right from th^ir ojEces to [ 102 ] to feats in the Council, though they had ufually been reckoned amongft the twenty-eight elefted, he ffiould not fuffer their feats araong the twenty-eight to be filled , up by other perfons till they were reftored to their offi- .cial feats without the twenty-eight. This he did, in or der to leave it open to the affembly to reftore thera to their feats in the ufual way at any time when they fliould fee the irapropriety of their being excluded. 5 . The Refpondent fays. That he believes there ne ver was a governor that Iefs interfered with eleftions than he has done ; fo that he knows not what to refer , this charge to, unlefs it is to his recommending a pro-- vincial agent in the year 1765. This he did, and cer tainly had a right to do, as the prgvincial agent is the agent of the whole general court, of which the gover nor is a part, and muft be confented to and commiffion- cd by the governor before his appointment is complete. The gentleman he recoramenifid;Was accordingly cho- fen, and ferved the province for two years, and was the moft able gnd refpeftable agent that the province evej had. 6. The governor of Majfachufet's Bay has no power to difplace civil officers, without the confent of the Council; and hence- it is, that many perfons hold their ,^ offices in that province, who ought to have been dif- piaced long ago. He has indeed a free power over mi litary officers ; but has raade very little ufe of it, ex- cppt in fuperfeding fpme f?vv^ commiftiop? of perfons ¦ -WhO' f 103 3 who profefled and abetted fuch principles as made them very unfit to have railitary commands under the King. 7. The Refpondent never had any doubt but that he had a right to grant charters of incorporation under the King's feal, of which he is the keeper, as is praftifed by all other royal governors in America. And he did once, fome years ago, order a charter to be made out I for eftabliffiing a collegiate fchool in the extreme parts of the province, upon the petition of divers refpeftable perfons inhabitants of the faid parts, who were ready to endow the faid fchool. But underftanding that the propofed charter gave umbrage to the college at Cam bridge near Bojlon, he, upon that account only, and not out of any doubt of his power to grant fuch a charter, or the reafonablenefs and propriety of the charter pray ed for, put a ftop to the fame being iffued : and this is the only charter that was ever agitated before him fince he has been governor of that province. 8. The Refpondent knows not what depofitions are here referred to, except it be thofe which it may be fuppofed he has tranfmitted to his Majefty's Minifters, in obedience to his Majefty's commands, fignified to him for that purpofe. And he is forry to fay, that he has not done fo much in that refpeft as may have been ex pefted of him : for when he received fuch commands, he found the intimidation which the ; faftion by their form'ef outrages had raifed in Bojlon fo great and un'. verfal, that there was a general unwillingnefs in people of all kinds to give a forraal teftimony againft any of ¦' the [ 164 3 the f^ious party, even of fafts which they made no fcruple to declare their knowledge of in the courfe of coraraon converfation. And therefore, having no pow er to oblige people to give teftimony, and finding it im prafticable to procure voluntary evidence, he could not execute the King's comraands '^ith that punftuahty with which he has alvirays been defirous to- diftinguiffi himfelf in all afts of duty. And here It may be proper to obferve, that the pre ceding article, and all the following articles, are charges againft hira. for doing afts which were diftated to him either by the duty of his office, or by his Majefty's in ftruftions given under his fign manual, or by his fpecial commands fignified by his fecretary of ftate. And in all cafes, where the Refpondent is charged with afts which were known to be done in obedience to his Ma jefty's inftruftions, or his fpecial orders, he cannot con fider hirafelf to be chargeable with fuch afts ; but fuch charge muft be underftood to be, and to be intended to be, direfted immediately againft his Majefty's admini ftration. Under this rule he will proceed to confider the following articles. 9. It is the duty of a governor to report to his Ma jefty all tranfaftions by which the honour of his crown, the authority of his government, and the welfare of the province may be affefted. The Refpondent has not only had this duty prefcribed to him by his general in ftruftions, but has been often reminded of it in the letters of his Majefty's fecretaries of ftate. In doing » this. [ 10^ J this, he has ffieWn adif|)ofition the very contl'ary td that of mifreprefenting his Majefty's loving fubjefts of the Colony in general, and has endeavoured to apologize for tbem where he could do it, by drawing a line be^ tween the few who have been authors of the prefent troubles, and their deluded followers, and diftinguifliing between the wickednefs of the one, and the credulity and intiraidation of the other. He has always had a moft earneft defire to remove jealoufies, and reftore that harmony and mutual affeftion which ought to fubfift be tween Great Britain 3indAmerica. He ufed all the means in his powpr to prevent a breach of a good underftand ing between the two countries ; and for that purpofe^ when the ftamp-aft was firft agitated^ notwithftanding he had reafon to believe that the Bill was ftrongly adopted by the Miniftry, he Wrote a letter to the Secrer tary of State, urging raany reafons which occurred to him, againft its paffing into a law, with a freedora which nothing but a confcioufoefs of his integrity, a fenfe of his duty to both countries, and a defire to prevent any uneafinefs between them, could have fupported. After wards, when the repealing the aft was in contemplation ^ he gave his teftimony for the repeal, both in his public and his private letters. He has been always ready to join with the Affembly in any raeafures for reconciling the two countries, which were confiftent with his duty. But of late he has feen no opening for it ; for^ by the canvulfions which happened upon account of the ftamp- aft, and their confequences, the management of the P public [ io6 3 public affairs of the Province has got into the hahds of a party whofe principles and praftices arc the very re- verfe of thofe of conciliation. 10. The Refpondent's report of the proceedings of the Council, from whence their oppofition to the au thority of Parliament has been inferred, was fully fup ported by authentic papers. And though it has been fince made a fubjeft of argument, yet not one material faft, alledged by him, has been pofitively denied. 1 1. The account of a defign to feize Cajlle William is exprefsly mentioned, not to be related as a certain faft, but only as reported and believed. Under fuch cir cumftances. It would have been an inexcufable negleft of duty in the Refpondent, not to have Informed the Secretary of State of a credited report of fo interefting a nature. But, as he had not pofitive proof of the faft, he did not accufe any perfon by name. The truth is, be had intelligence, which he could not raake a public ufe of, fufficient to induce him to believe that report then, and has fince had occafion to confirm himfelf in fuch belief; but he has not been able to obtain pofitive proof of the faft, for the reafons given in his anfwer to the eighth Article. \ 12. This is one of thofe Articles beforementioned, which paffes by the Refpondent, and attacks the Admi niftration and the two Houfes of Parliaraent ; charging the firft with ordering troops to be ftationed at Bojlon, and the two laft with paffing refolutions without fuf ficient grounds to juftify fuch proceedings. Whereas it ' [ I07 ] it is notorious, that the fending troops to Bojlon, and the refolurions of the two Houfes of Parliament, were founded upon undoubted and indifputable fafts, fup ported by a variety of evidence, drawn for the moft part from authentic papers, and in no way depend ing upon meer fayings and opinions of the Refpon dent. 13. The preamble of this Article, whereby the Re fpondent is charged with being a principal inftruraent in procuring the military force which was fent to Bojlon, has fince been falfified by the party publiffiing the Re fpondent's letters, from fome of which it appears, that he abfolutely refufed to apply for troops, unlefs the Council would join with him in it ; which they refufing ^o do, he never applied for troops. As for the charge itfelf, the faft was this : Having received his Majefty's prders to take every neceffary ftep for the accoraraoda tion of his troops at Bojlon, he applied to the Council, to the Seleft-men of the town, and to all the Jqftices in the town, whom he palled together for that purpofe, being all the perfons that could be pointed out by Aft of Parliament for quartering foldiers, feyerally and fe parately defiring thera to provide quarters for the fol diers. This they all refufed to do ; fo that when the Commanding Officer found himfelf obliged to land two il-^gimen^s at Bojlon, there were no quarters for thera. Whereupon the Commanding Officer applying to tbe llefpondent to prpvide a covering for one pf the regi- P 2 ments. [ 108 ] ments, who had no camp-equipage with them, until they could hire buildings at the King's expence to make barracks of ; the Refpondent affigned to them feveral rooms in the town-houfe, which were not .then in ufe, among which was the Reprefentatives chamber ; and there the regiraent remained, without any inconvenience to the public, or any perfons whatfoever, until barracks were provided for thera. What enhances the falfity and virulence of this charge is, that the party who has preferred it, knew that the Refpondent afted in this bufinefs under the King's fpecial orders, and that his Majefty has fince been pleafed to fignify his full appro-? bation of his conduft, under the difficulties that were continually thrown in his way. And yet they have had the boldnefs, in this indireft manner, to arraign bis Majefty's Adminiftration for iffuing orders, with which the Refpondent had nothing to do but to obey. 14. This Article is of the fame complexion with the preceditjg, but much raore falfe and prevaricating. The faft upon which it is founded is this : The King ordered two regiments, to be fent frora Ireland, to be landed at Bofton; and alfo ordered two other regiments to be fent frora Halijax to Bpfo-n, The two regiments frora Hali fax arrived firft ; and the Coraraanding Officer, fignify ing to the Refpondent that he- had orders to ftation both thofe regiraents at Eajlon, derhanded quarters. The Refpqndent cpnfyked the Council, and by their advice [ 10? 3 advice applied to the Seleft-men of the town, and then to the Juftices of Peace, and laft of all to the Council themfelves : but they all refufed to affign any quarters to the two regiments, under different pretences ; the principal of which was, that they ought to be quartered at the caftle, upon an ifland, diftant from the town of Bojlon three railes by fea and feven miles by land, where there were barracks that would hold only one regiment, and that but inconveniently, as has been fince proved. And though the impoffibility of quartering four regi ments in barracks that could hold but one, and the im propriety of quartering troops in an ifland diftant from Bojlon, which were exprefsly ordered to be ftationed at poflon, were urged again and again, they ftill perfifted in refufing quarters : wherefore the Commander in Chief found himfelf obliged to hire buildings, and fit them up for barracks, at the King's expence, for three of the regiments, after having affigned the barracks at the caftle for the other regiment. And endeavours were ofed tb defeat even this, the only method left for exe cuting the King's comraands ; for it was given out by the faftion, that if any foldiers were put into fuch bar racks, the Officers coraraanding fuch foldiers would be profecuted for quartering foldiers without the interpo fition of a Magiftrate, contrary to the Mutiny Aft, and, being convifted thereof by two Juftices, would incur the penalty of being caffiiered. To prevent this abufe of the Aft, the flefpondent, at the requeft of General G«|-,?y Commandei; [ tro J Commander in Chief, granted a commiffion to an Officer of his to place the foldiers in the barracks, which ffiould be provided for them at the King's expence. And this IS the faft upon which the charge againft the Refpon dent, fpr evafively appointing an Officer to provide quar ters for the troops otherwife than is prefcribed by the Aft, is founded. The Refpondent is forry that he is obliged, by the defigned generality of the charge, in his. defence thereto, to ftate fuch a detail of untruths, pre-? varications, and contempt of law and authority, in the promoters of ^he accufation againft him : but it is all lo be accounted for by the prppagation of one maxim,. •which originated with the faftion, and has lately beei; adopted by the Houfe of Reprefentatives, Tha,t the King lias np right to order any of his troops into any of the J^iericaif Provincesi, without being firft authorized fo to do by an Aft of the Provincial Affembly. And from this pi;etenfion the tranfition is eafy to the prefuraption of petiuoriing the King to puniffi an Officer ofhis, for obeying his commands, and affifl:ing to carry his orders. into execution. 15. The fafts, uppn which this Article is founded,; are thefe: In June, 1768, while the Affembly of the Province was fitting, the Refpondent received a letter frora the Secretary of State, fignifying the King's plea- . fure, that he ffiould require of the Houfe of Reprefen tatives to refcind a refolution paffed in a former Houfe, and to declare their difapprobation of it; and, if they. ffioul4 t nl ] ftiould refufe to comply, that he ffiould immediately diffolve them. He comraunicated to the Houfe the firft part of the letter, containing the requifitjon ; and upon their defiring a copy of the whole letter, he coramu nicated to them the other pairt of the letter, contain ing the provifional order to diffolve them. The Houfe took nine days to confidei- of this requifition ; and in that time paffed all the neceffary public bills, and par ticularly the Tax-bill, which the Governor reminded them of paffing, previoufly to their giving their an fwer ; informing thera. That, if he ftiould be oblige^ to diffolve them, he ffiould not be at liberty to call ano ther Affembly till he receiyed his Majefty's commands for that purpofe. The Houfe at length giving their anfwer, by which they refufed to comply with his Majefty's requifition, he diffolved them, as he was ia. duty bound to do. And having received his Majefty's commands not to call a new Affembly until the Ma/ following, being the time appointed by the charter, he obeyed that order alfo. Thefe are the true fafts upon whicl^ this Article is founded; and they were all knowa .to the Complainants at the tjme when they prefumed to petition his Majefty to puniffi a fervant of his, for what he did wholly in obedience to his Majefty's exprefs com mands. 1 6. It is the undoubted duty of a Governor to accomr pany bis reports of interefting proceedings in his Pro vince, with his own opinion of them ; and it is indif- penfable. [ 112 ] penfable, when he is giving an account of diforders ia his governraent, to endeavour to trace the caufes of them, and to point oiit the reraedies. In the Proviiice of Majfachufet's Bay, when civil authority was reduced fo low as to have nothing left but the form of a go vernment, and fcarce even tliat, an enquiry into the .efpondent's opinion on this oc cafion, is not to be reckoned frora the date of his let ters to the Earl of HiUfborough : he has made no fcru.- pie to declare his fentiments upon this fubjeft, ever fince he has felt the effefts which the popular conftitu tion of the Council has had upon the Royalty of the governmem, which is above three years ago; within which time, he has feen the King deprived of the fer vice. ©£ every man at the Council Board, who has had 5 refolution. C '^3 3 refolution enough to difapprove the oppofition to thi'. authority of the King and the Parliament, and their: fupremacy over the American Colonies. This, and this only,, is the foundation of the chatge of his endeavour ing to overthrow the charter ; whereas his real defire has been, that the charter fliould have a raore durable ftability, by means of a neceffary alteration, without which, he is perfuaded it cannot have a much longer duration ; as the abufe of the appdintment of the Counr cil now prevailing, muft oblige th'e Parliament to in terfere fooner or later. And thierefore he is perfuaded, that, in avowing this opinion, he has afted not only as a faithful Tei:vant of the King, and a true fubjeft of Great Britain, but alfo as a real friend of Majfachufet's Bay', whofe true intereft it is, to have its government fo confirraed and eftabliffied, that it may not be liable to be continually difturbed and difgraced by faftious and defigning raen, as it is at prefent. 17. The Refpondent denies, that by the means men tioned in the aforefaid complaint, or by any other means, he has rendered his Adminiftration odious to the whble body of the people. He denies, that the opinion of the whole people of that Province can now be taken and afcertained, labouring as it does at pre fent, under the baneful influence of a defperate faftion, who, by raifing groundlefs fears and jealoufies, by de luding one part of the people, and intimidating the ether part, has deftroyed all real freedom, not only of ^ion, bw even of fentiment and opinion. But the ^ Refpondent [ "4 J Refpondent dpubts not but that his adminiftration has been approved of by the generality of the beft and moft refpeftable raen in the Province ; and affures_him- felfi that notwithftanding that, in the courfe of the late difputes, he has been obliged by :his duty to give his teftiraony againft fome popular prejudices, when the prefent infatuation ftaUceafe, and truth" and reafon ffiall be allowed to interpofe, he ffiall be acknowledged to have been a faithful fervant of the King, and a real friend of the people. In the mean time, having been honoured with his Majefty's approbation of his whole conduft, and tfi^t of the two Houfes of Parliament of forae principal part's/ of it, he fliall ieave it to the Pro vince of Maffachufet's Bay to do him juftice at their own time; and flull coramit himfelf to the difpofal of his Majefty, as it ffiaU be thought beft for his fervieCj in perfeft cpnfidence, that he ffiaU not fuffer for faerificing his intereft to his fidelity. And the Refpondent, for proof of fuch allegations in this anfwer as fliall require it, begs leave to refer io bis M-ajefty's inftruftions ; to the letters of his Secre taries of State and Coraraiffioners for Trade and Planta tions, direfted to hira the Refpondent; to the Afts of the Council of the Province; to the Journals of the Houfe of Reprefentatives ; to his own letters to his Majefty's Secretaries of State and Commiflioners for Trade and Plantations (which Iptter-s, being wrote .without any probable view of their being ufed for this purpofe, be ^ymWy fubnjits^ ought to- be admitted aaeyidence, es pecially X Its 3 pecially of his intention and meaning, upon whicli great part of the complaint againft him is made to de pend) ; and to fuch other evidence as he ffiall be able to procure here, after hating been, by the praftices bf the managers of the accufation againft him, pre vented having tbe benefit of fuch evidence as was to be had in the Province of Mafachujet's Bay. THIS L ~ii^ 3 THIS bufineis was brought qq to an hearing be* fore the coramittee of the Privy Council on the z^th of February 1770; when th,?. Governor attended tvith counfel, prepared to fupport with evidence all the allegations contained in his anlwer, which ftood in need of proof. But the Agent of the Affembly having not made any proof of the articles of the Complaint againft him, or any of them, and then declining to ]^roceed upon the comiplaint, the Lords of the Council thought it unneceffary for the Governor to enter into the particulars of his juftification, as the charge againft liim remained wholly unfupported ; and therefore they proceeded to give their judgement thereon, which was confirmed by the King in Council, in manner and form hereafter mentioned. It Would be needlefs to enter into all the particulars of the Governor's defence : ne verthelefs, it may not be araifs to give fuch part of the evidence as tends to ffiew the terms he ftood upon with the people before the Stamp Aft. This unfortunate, Aft rendered him, from a very popular, a very un popular Governor. He was known to difapprove of the Aft, and ready to join in any legal meafores to get rid of it ; yet he thought it an inexcufable duty ; and hii orders were peremptory to fupport it, whilft it retnaiaed an Aft of Parliapteni. This was an unpar donable crime at that time, and, vrith its confequences, and C "7 3 and the improvements made of thera by the enemies of Governraent, was the whole caufe of the great change made in the people with regard to him. The evidence which was propofed for this purpofe, was extrafted put of the vptes of the Jioufe of Reprefentatives; and was as follows ; Extrafts from; the Journals of the Houfe of Reprefents^ tives ^. Mfjfachufet's Bay, 27 February 1762. , Refolved, That in confideration of the extraordinarf 'fervices o.f his Excellency Governor Bernard, ^herc be granted to him, his heirs and affigns, the ifland of Mount Defert, lying on the, north-^aftward of Penobfcot Bay 7 and that a grant thereof, to be laki before his Majefty fpr his apprbbation, be figned by the Secretary and Speaker, on behalf of the Two Houfes. Sent up for concurrence. Thi$ w*s afterwards cpnajrred by the CouiKii. I, 27 February, 1762. Preamble of an Addrefs of the Houfe to the Governor. As your acquaintance with the circumftances of this Province, and your conduft in. confequence thereof, has leff ps no roora to doubt of your hearty defire to pro mote its welfare and profperity — ¦— We the Reprefentatives, &c. ' ZJ^ April C "8 3 z^ April, iy62. TheSpeechof the governor, at the proroguing the General Court. Gentlemen of the Council, aiid Gentlemen of the Houfe of Reprefentatives, The unaniraity and difpatch with which you have <5omplied with the requifition of his Majefty, require my particular acknowledgement ; and it gives me additional pleafure to obferve, that you have therein afted under no other influence than a due fenfe of your duty, both as members of a general Empire, and as the body of a particular Province. It will always be my defire, that freedom and inde pendence ffiould prevail in your Councils ; and that the ¦whole credit of your proceedings therein fhould be placed to your own account. It will be a fufficient honor for rae to prefide over a people, whofe motives to loyalty and public fpirit arife from their own breafts. Fra. Bernard^ I June, f]6z. Extraft of an Addrefs of the Houfe, in Anfwer to the Governor's Speech. We beg leave to give your Excellency the higheft and fuUeft affurance, that as you make the illuftrious example of your Royal Mafter the bafis of your admi- niflration ; C »^9 3 niftration, it will be ftrongly fupported by ii graceful, as well as free and loyal people. ^ iSjune, i-]6z. . The Speech of the Governor, at the proroguing the General Court. I cannot difmifs you, without cxpreffing my fatisfa<> tion at the ready and eafy difpatch of the bufinefs o^^ this feffion ; which hath fully made good the affur^nces you gave at the beginning of it. I cannot doubt but that every future feffipn will con tribute to improve the harmony now fubfifting in the General Court, and afford frequeut inftances of ?hc gjreat advantages afifing therefrom. Fra. Bernard, ^ i8 January, 1763.. Extraft of a Meflage from the Houfe to the Governor.' Thefe privileges we ffiall ever pray may be continued to us, efpecially under your Excellendy's Adminiftra tion; whofe honor and profperity we ardently wiffi for, and ffiall for ever confider, as' clofely and infepara- bly connefted with the happinefs of this Province. 1.4 Feb. i I20 3 14 February, 1763*' ' Extraft of an Addrefs of the Council and Houfe to the Governor, on the figning the Preliminaries of the Peace. 1 We thank your Excellency for your readinefs to concur with us in all proper meafures, to make this jiappy event conducive to the profperity of the Pro vince. We Tincerely wiffi that you may be long continued at the head of the Governraent, promoting that interior peace, upon which" our profperity fo muc,h depends. 51 May, 1765. ., •. . Extrafts of an Addrefs of the Council and Houfe, to the Governor, on the Conclufion of the Peace. We are fenfible:: of yofir Excellency's fervices during the war; but as the peaceful fetded ftate erf. the :<;pun- try will give your Excellency more opportunities of ferving itthaft were then to be expefted, we doubt not }mt that your Excellency will iraprove the f^me to the beft purpofes. We hope your Excellency will ftill have the honor to l?e diftinguiffied in England, for your attachment to our Intereft, which is infeparably connec ted with that of the Mother Country ; and have further public teftiraonies from a moft grateful people. 6 Wc ^e cofio-ratulate your Excellency on 'that mianhnlty Which your Excellency iFeCODQinefids, and which Was never greater in the R-ovinc.e than '^t this time. We doubt tiot, but as vfe are delivered f'rom foreigb war, we fliall be tqually free from Iriteftine diviCpn : and nowj that peace is diffufed throUghoVit the vaft circle of the Britijh dbminions, it will Continue and prevllil in an tfpecial manner in the councils of this Province, under ydur Ekceflerity's wife Shd Impartial AdminiftratidQ'. t6 Jiitie, 1763. txtrzh olf a l^eech (S" the Governor, at the proroguing the Gene'ral CoTirt. I tannot part with you, withput expreffi'ng the great ifatisfaftion IhtVe had in obferving the tmanimltyj Which ^611 afliired itte bf at the beginning of the feffion, Ws Ko'fuftycViifced itfelf throughput all its pt%lceed?ngs. The eafe which arife? ifrorii theAcd td yourfelves ; the advantages whfch accrue to ydur 'Conftitu^ts •, and the ^dit ^ich is theibbyreftefted lipon the whbie Pro- wnde,will be d6ntiriual nfotives for yoXir preferVing that equanimity arid mod^tion 'Whkh laow.fb hajppily pre- ¦na among yot'. It ^ %tne. 8 June, I'j64- Extraft of a'Meflfage of the Houfe to the , Governor* The Houfe hurably and gratefully acknowledge your Excellency's paternal care of all the interefts of this Province, more particularly in the meJifures yourExgelT lency has from time to time recoramended, for tbe for-. warding the fettlements in the Eaftern parts of the Pro vince. N. B. In this feffion began the oppofition to the Afts of Parliaraent, for laying a duty on fugar, molaffes. Sec. \ IO January, ty6^. , JExtraft of the Speech of the Governor, at the opening the Seffion. 1 have, in purfuance of your requeft made to me laft feffion, recommended to the favor of his Majefty's Mini* •fters the Petition which you prepared to be prefented to the Houfe of Commons, And I flatter myfelf that thefe reprefentations will have fuccefs, as they muft receive great weight from the dutiful manner in which they are formed. I ffiall not negleft any other opportunity to promote the real welfare of ffiia Province, confiftently with its fubordination to the Kingdom of Great Britain, and the common intereft of the whole Empire. t 12 January^ C "3 3 12 January, 1765. Extrafts of the Addrefs ofthe Council and Houfe to fhe Governor, in anfwer to his Speech. We are much obliged to your Excellency, for re- -d.^ *¦. faid raonth, take the faid Petition • into confide- -s.'* "ration: and being attended as well by the faid " Dennis De Berdt, the Agent for the Cpraplai- " nants, as alfo by the faid Sir Francis Bernard, " beard vv^hat each of them had to offer in fup- " port of their feveral Petitions; and, upon confi- *' deration thereof, their Lordffiips were pleafed to ?* allow forae further tirae, and to order that the *? faid Complainants fliould be peremptorily heard