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YALE UNIVERSITY
LIBRARY

Bought with the income
of the
MATTHEW C. D. BORDEN FUND

PROTEST AGAINST THE
BILL To repeal the
American Stamp A (3:,

LAST SESSION.

A PARIS,
Chez J. W. Imprimeur, Rue du Colombier Fauxbourg
St. Germain, a 1' Hotel de Saxe. M.DCC.LXVI.
Prix, dix huit Sous.
Avec Approbation, iS Privilege.

SPEAKERS.

Againft the Repeal. For the Repeal.

3 5
9
lO 1214 i6 I?

Earl of Coventry
Earl of Sandwich
Earl of Hallifax
Lord Botetourt
Earl of Suffolk
Lord Lyttelton
Lord Mansfield
Ld. Vif. Townihend
Earl Temple
Duke of Bedford

4 67 8
II1315

Duke of Newcaftle
Duke of Grafton
Duke of Richmond
Earl Powlett
Earl of Pomfret
Lord Chancellor
Earl of Shelburne
Lord Camden

C h 15"
¦ ^o

Die Mercurii, i\° Martii, 1766.
The Order of the Day being read for the feconcl
reading of the Bill, entituled, An AEl to re-
feal an ati made in the lajl fejfion of parliament,
entituled. An A£l for granting and applying cer
tain Jiamp duties and other duties intheBritifh Colo
nies and Plantations in America, towards further
defraying the expences of defending, protesting,
and fecuring the fame, and for amending fuch
parts of the fever al aSis of parliament relating to
the Trade and Revenues of the faid Colonies and
Plantations, as dire£l the manner of Determin
ing and Recovering the Penalties and Forfeitures
therein mentioned. Then the faid Bill was read
a fecond Time, and it being propofed to
commit the Bill, the fame was objedted to.
After a long Debate thereupon, the Queftion
was put. Whether the faid Bill fhall be commit
ted : It was refolved in the Affirmative.
Contents 73
Proxies 32 105
NotContents6i Proxies lo 71

Majority 34
FIRST.
Dijfentienty
BE C A U S E, as this Houfe has in this Scf-
fion by feveral refolutions moft folemn-
ly aflerted and declared, firft, " That the
King's Majefty, by and with the advice and
confent of the Lords Spiritual and Tempo-
A 2 ral.

ral, and Commons of Great Britain, in Par
liament aflembled, had, hath, and of right
ought to have, full power and authority, to
make laws and ftatutes of fufficient force and
validity to bind the Colonies, and people of
America, fubjeds of the Crown of Great
Britain, in all cafes whatfoever : " Secondly,
" That tumults and infurredlions of the
moft dangerous nature have been raifed and
carried on in feveral of the North American
Colonies, in open defiance of the power and
dignity of his Majefty 's Government, and in
nianifeft violation of the laws and legiflative
authority of this Kingdom :" Thirdly, "That
the faid tumults and infurrecftions have been
encouraged and inflamed, by fundry votes and
refolutions palTed in feveral of the AlTemblies'
of the faid Provinces, derogatory to the ho
nour of his Majefty's Government, and de-
ftruftive of the legal and conftitutional de
pendency of the faid Colonies, on the impe
rial Crown and Parliament of Great Britain":
Which refolutions were founded on a full ex
amination of the papers on our table, mani-
fefting a denial of the legiflative authority of
the Crown and Parliament of Great Britain,
to impofe duties and taxes on our North Ame
rican Colonies ; and a criminal refiftance
there made to the execution of the commer
cial and other regulations of the Stamp Adt,
and of other afts of parHament : we are of
opinion, that the total repealing of that law,
elpecially

[ 5 1
efpecially while fuch refiftance continues,
would (as Governor Barnarde fays is their in
tention) " make the authority of Great Bri
tain contemptible hereafter i" and that fuch
a fubmiffion of King, Lords, and Commons,
under fuch circumftances,in foftrange and un
heard of a conteft, would in efFeft, furrender
their antient, unalienable rights of fupreme
jurifdidtion, and give them exclufively to the
fubordinate Provincial Legiflatures eftablilhed
by prerogative ; which was never intended
or thought of, and is not in the power of
prerogative to beftow ; as they are infeparable
from the Three Eftates of the Realm aflem
bled in Parliament. Secondly.
Becaufe the law, which this Bill now
propofes'to repeal, was pafled in the other
Houfe with very little oppofition, and in this
without one dilTentient voice, during the laft
feflion of Parliament, which we prefume, if
it had been wholly and fundamentally wrong,
could not poflibly have happened ; as the
matter of it is fo important, and as the in
tention of bringing of it in, had been com
municated to theCommons by the firft Com-
milfioner of the Treafury the year before, and
a refolution relating and preparatory to it,
was then agreed to in that Houfe, without a-
ny divifion. A 3 Thirdly,

[ 6 ]
Thirdly.
Becaufe, if any particular parts of that
law, the principle of which has been ex
perienced and fubmitted to in this country,
without repining, for near a century paft,
had been found liable to juft and reafon-
able objections, they might have been al
tered by a Bill to explain and amendit, with
out repealing the whole. And, if any fuch Bill
had been fent to us by the Commons, we
fhould have thought it our duty to have
given it a moft ferious confideration, with
a warm defire of relieving our countrymen
in America from any grievance or hardfhip j
but with proper care to enforce their fub-
milfion and obedience to the law fo amend
ed, and to the whole legiflative authority
of Great Britain, without any referve or
diftindtion whatfoever. Fourthly.
Becaufe, it appears to us, that a moft
cflfential branch of that authority, the pow
er of Taxation, cannot be properly, equita
bly or impartially exercifed, if it does not
extend itfelf to all the members of the
ftate in proportion to their refpedlive abili
ties ; but fuffers a part to be exempt from
a due fliare of thofe burthens, which the
public exigencies require to be impofed
upon the whole : a partiality which is di-
fedtly

f 7 ]
redtly and manifeftly repugnant to the truft
rcpofed by the people in every legiflature,
and deftrudtive of that confidence on which
ail government is founded.
Fifthly.
Becaufe, the ability of our North Ameri
can Colonies, to bear without inconveni
ency the proportion laid on them by the
Stamp Ad: of laft year, appears to us moft
unqueftionable, for the following reafons :
Firft, That the eftimated produce of thisTax,
amounting to fixty thoufand pounds per An
num, if divided amongft twelve hundred
thoufand people (being little more than one
half of the fubjedts of the Crown in North
America) would be only one {billing per
head a year ; which is but a third of the
wages ufually paid to every labourer or ma-
nufadlurer there for one day's labour : Se
condly, That it appears by the accounts that
have been laid before this Houfe from the
Commiflioners of Trade and Plantations,
that of the debt contradted by thofe Colo
nies in the laft war, above 1,755,000 /. has
already been difcharged during the courfe of
three years only, by the funds provided for
that purpofe in the feveral Provinces ; and
the much greater part of the remaining
incumbrance, which in the whole is about
760,000 pounds, will be paid in two years
more : We muft likewife obferve, that the
A 4 bounties

[ 8 ]
bounties and advantages given to them by
Parliament ini764 and 1765, and the duties
thereby loft to Great Britain for their fer-
vice, and in order- to enable them the more
eafily to pay this Tax, muft necelTarily a-
mount in a few years to a far greater
fum than the produce thereof. It is alfo
evident, that fuch produce being wholly
appropriated to the payment of the army
maintained by this Kingdom, in our Colo
nies, at the vaft expence of almoft a {bil
ling in the pound land tax, annually re
mitted by us for their fpecial defence and
protedtion ; not only no mpney would have
been adtually drawn by it out of that coun
try, but the eafe given by it to the people
of Great Britain, who are labouring under
a debt of feventy millions, contraded by
them to fupport a very dangerous war, en
tered into for the intereft and fecurity of
thofe Colonies, would have redounded to the
benefit of the Colonies themfelves in their
own immediate fafety, by contributing to
deliver them from the necelTary expence,
which many of them have hitherto always
borne, in guarding their frontiers againft the
favage Indians. Sixthly.
Becaufe, not only the right, but the expe
diency and neceffity of the fupreme legifla
ture, exerting its authority to lay a general tax

[ 9 1
tax on our American Colonies, whenever the
wants of the public make it fitting and rea-
fonable, that all the Provinces (hould contri
bute in a proper proportion to the defence
of the whole, appear to us undeniable, from
thefe confiderations : Firft, That every Pro
vince being feparate and independent on the
others, and having no Common Council im
powered by the conftitution of the Colonies
to ad for all, or bind all, fuch a tax can
not regularly, or without infinite difficul
ty, be impofed upon them at any time,
even for their immediate defence or pro-
tedion, by their own provincial afletn-
blies ; but requires the intervention and fu-
perintending power of the Parliament of
Great Britain. Secondly, That in looking
forwards to the polfible contingency of a
new war, a contingency perhaps not far re
mote, the profped of the burthens which
the gentry and people of this King
dom muft then fuftain, in addition to thofe,
which now lie fo heavy upon them, is fo
melancholy and dreadful, that we cannot
but feel it, a moft indifpenfible duty to eafe
them as much as is poffible, by a due and
moderate exertion of that great right, which
the conftitution of this realm has vefted in
the Parliament, to provide for the fafety
of all, by a proportionable charge upon all,
equally and indifferently laid. We Uke-
wife apprehend, that a partial exemption of

our

[ lo]
our Colonies from any exerclfe of this right
by the Britifli Legiflature, would be thought
fo invidious, and fo unjuft to the other fub-
jeds of the Crown of Great Britain, as to
alienate the hearts of thefe from their Coun
trymen refiding in America, to the great
detriment of the latter, who have on many
occafions received, and may again want af-
fiftance, from the generous warmth of their
alFedion. Seventhly.
Becaufe, the reafons afligned in the public
refolutions of the Provincial AflTemblies, in
the North American Colonies, for their dif-
obeying the Stamp Ad, viz. " That they are
not reprefented in the Parliament of Great
Britain," extends to all other laws, of what
nature foever, which that Parliament has
enaded, or fhall enad, to bind them in times
to come, and muft (if admitted) fetthemabfo-
lutely free from any obedience to the power of
the Britilh Legiflature ; we likewife obferve,
that in a letter to Mr. Secretary Conway, dated
the 1 2th of Odober 1765; the commander
in chief of his Majefty's forces in North
America has declared his opinion, " That
*' the Queftion is not of the inexpediency of
" the Stamp Ad, or of the inabiUty of the
" Colonies to pay the Tax ; but that it is
" unconftitutional and contrary to their
" Rights,

t II ]
*' Rights, fupporting the independency of
'* the Provinces, and not fubjed to the le-
" giflative power of Great Britain." It is
moreover affirmed, in a letter to Mr. Con
way, dated 7th November, *' That the peo-
*' pie in general are averfe to Taxes of any
" kind ; and that the merchants of that
** place think they have a right to every
" freedom of trade which the fubjeds of
*' Great Britain now enjoy." This opinion
of theirs ftrikes diredly at the Ad of Navi
gation, and other fubfequent laws, which
from time to time have been made in the
wife policy of that Ad ; and fhould they
ever be encouraged to procure for themfelves
that abfolute freedom of trade, which they
appear to defire, our plantations would be
come, not only of no benefit, but in the
higheft degree prejudicial to the commerce
and welfare of their Mother-country; nor
is it eafy to conceive a greater encourage
ment, than the repealing of a law oppofed
by them on fuch principles, and with fo
much contempt of the Sovereignty of the
Britifh Legiflature. Eighthly.
Becaufe, the appearance of weaknefs and
timidity in the Government- and Parliament
of this kingdom, which a concelfion of this
nature may too probably carry with it, has
a manifeft

[ 12 ]
a manifeft tendency to draw on further In-
fults, and by lelTening the refped of all his
Majefty's fubjeds to the dignity ofhis Crown,
and authority of his Laws, throw the
whole Britifh empire into a miferable ftate
of confufion and anarchy, with which it
feems by many fymptoms to be dangeroufly
threatned ; and this is the more to be feared,
as the plea of our North American Colonies,
that not being reprefented in the Parliament
of Great Britain, they ought not to pay
Taxes impofed or levied upon them by the
authority thereof, may by the fame reafon-
ing be extended to all perfons in this Ifland,
who do not adually vote for Members of
Parliament ; nor can we help apprehending,
that the opinion of fome countenance being
given to fuch notions by the Legiflature it
felf, in confenting to this Bill, for the Repeal
of the Stamp Ad, may greatly promote the
contagion of a moft dangerous dodrine, de-
ftrudive to all Government, which has fpread
itfelf over all our North American Colonies,
that the obedience of the fubjed is not due
to the Laws and Legiflature of the Realm,
farther than he in his private judgment fhall
think it conformable to the ideas he has
formed of a free conftitution.

Ninthly.

[ 13 ]
Ninthly.
Becaufe, we think it no efFedual guard, or
fecurity againft this danger, that the Parlia
ment has declared in the refolutions of both
Houfes, palTed during this feflion, and now
reduced into a Bill, That fuch notions are
ill founded ; as men will always look more
to deeds than words, and may therefore in
cline to believe, that the infurredions in our
Colonies, excited by thofe notions, having fo
far proved fuccefsful, as to attain the very
point, at which they aimed, the immediate
repeal of the Stamp Ad, without any pre
vious fubmiflion on the part of the Colonies ;
the Legiflature has in fad fubmitted to them,
and has only more grievoufly injured its own
dignity and authority, by verbally aflerting
that Right, which it fubftantially yields up
to their Oppofition. The reafons afligned
for this concelfion render it ftill more alarm
ing, as they arife from an illegal and hoftile
combination of the people of America, to
diftrefs and ftarve our Manufadurers, and
to with-hold from our Merchants the pay
ment of their juft debts : the former of which
meafures has only been pradifed in open war
between two States ; and the latter, we be
lieve, not even in that fituation, either by
the public or by individuals, among the ci
vilized nations of Europe, in modern times. If

[ 14 ]
If this unprecedented plan of Intimidation
fliall meet with fuccefs, it is eafy to forefee,
that the pradlce of it for other and ftill
greater objeds will frequently be renewed,
and our manufadurers and merchants re
duced to the like, and more permanent dif
trefs; we cannot therefore but wifli, that
fome more eligible method, confiftent with
their future fafety and our dignity, had been
taken by Parliament, to fhew our tender
concern and compaftion for their fuflferlngs,
and todifcourage any otherfuch unwarrantable
attempts ; which we are fully perfuaded
would have been very pradicable, with due
care and attention, and at an expence very
inferior to the importance of the objed.
Lastly.
Becaufe, we are convinced from the una
nimous teftimony of the Governors, and other
officers of the Crown in America, that if, by
a moft unhappy delay and negled to pro
vide for the due execution of the law, and
arming the Government there with proper
orders and powers, repeatedly called for in
vain, thefe difturbances had not been con
tinued and encreafed, they might eafily have
been quieted before they had attained to any
dangerous height; and we cannot, without
feeling the moft lively fenfe of grief and in
dignation, hear arguments drawn from the
progrefs

[ ^5 ]
progrefs of evils, which fhould and might
have been flopped in their firft and feeble
beginnings, ufed for the ftill greater evil of
facrificing to a prefent relief the higheft per
manent interefts, and the whole Majefty,
Power, and Reputation of Government : This
afHIds us the more deeply, becaufe it appears
from many letters, that this law, if properly
fupported by Government, would from the
peculiar circumftances attending the difobe-
dlence to it, execute itfelf without blood-
fhed. And it is faid in one of the letters to
Mr. Secretary Conway, *' That the principal
*' view is to intimidate the Parliament ; but
" that if it be thought prudent to enforce
*' their authority, the people dare not op-
" pofe a vigorous refolution of the Parlia-
" ment of Great Britain." That vigorous
refolution has not yet been found in the Par
liament ; and we greatly fear, that the want
of it will certainly produce one of thefe two
fatal confequences ; either that the repeal of
this law will in effed annul! and abrogate all
other laws and ftatutes relating to our Co
lonies, and particularly the Ads that reftrain
or limit their Commerce, of which they are
moft impatient ; or, if we fhould hereafter
attempt to enforce the execution of thofe
laws againft their will, and by virtue of an
authority, which they have dared to infult
with impunity and fuccefs, that endeavour
will bring upon us ^11 thofe evils and incon
veniencies,

[ i6 3
veniencies, to the fear of which we now fa-
crifice the Sovereignty of the Realm j and this
at a time when the flrength of our Colonies,
as well as their defire of a total independence
on the Legiflature and Government of their
Mother-country, maybe greatly augmented,
and when the circumftances and difpofitions
of the other powers of Europe, may render
the conteft far more dangerous and formi
dable to this Kingdom.

Bedford
Coventry BridgewaterTemple Buckingham
WentworthSandwich Bolingbroke
Marlborough W. Gloucefter
KerLeigh
Bangor Waldegrave
Aylesford
Gower Weymouth

Scarfdale
LytteltonDunk Hallifax
Eglintoun Suffolk and Berkfhire
Abercorn
Vere
Trevor
Thomas Briftol
Ferrers GrofvenorTownlhend
, Dudley and Ward
Charles Carlifle
Powis Hyde.

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