fac símile e-book richard price, observations on the nature of civil liberty, the principles of...

7/31/2019 fac smile e-book Richard Price, Observations on the Nature of Civil Liberty, the Principles of Government [1776]

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THE NATURE OF CIVIL LIBERTY,tTHE PRINCIPLES OF GOVERNMENT,

ANDI

~THE JUSTICE AND POLICY OF THE jWAR WITH AMERICA.

r t~ '.. 1"'0 WHICH IS ADDED~

AnCON T A I N I N0,

A STATE of the NATION AL DEBT,An ESTIM'-,~TE of the Money drawn from the Public by the TAXES,

ANDAn ACCOUNT of the NATIONAL INCOME and EXPENDITURE..fince the 1aft WAR to

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By RIC I- I A , R D PRJ C E, D. D. F. R. S. ...r .I".. ... .. I~___ ---- -_ _ ___ - . -- ___ _ __ --- ~ . ,W7E , . . _ _ . ._ 11 - -- - . !IIP I l c PUL TV ....- - . . . . . . . . -'r I-I E N I N T I - I E D IT ION.r~~::?d~~~~~~~ ~ , . . _ T ~ ~ ~. . . . .. . , " aR 1 It1 '''C ?~ '''''.!* *F _ ~~ _N- :~ -..,~ F"~b~""_lI~~.. : : o \ " ~ ~. . . .LON DON:

PR J N'fl;:n FOR EDW A H.D AND C lIAR L]~ S D ILJ~ Y"AN})

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A Common Council ho the C hamber of the Guild-. . . .'" M arch 1776 ;.2~~.~;.(E;""' : J I, . , : . ', l . ~ ' ) f~;"':...~i.:_. : 4 , . ) )\ f t " \ ~ . . 1 1 1 .. .. .. , d J . ,.~. ,. ~ . . . . . . , 1 0 0II-._f':... r. ..~. -- .,.,.... ., - ;- .!\ I l 1 o . -J

-.~ t . . . . . , . . . . .. . .'E SOL Y E D~ T hat the t l l a n . . s of this Court be given to theReverend RICH~RD PRICE, Doctor in Divinity. F ellow of the

Royal Society , for having, laid dow n, in his la te publicat ion of' c OBSERVATIONS ON THE N ATUR! OF CIVIL LIBERTY, &c.." thofefure principles, upon which alone the fuprem e legiflative authorityof Great Britain over her Colon ies can be juftly o r beneficially

maintained; and fo r h old in g forth thofe public objeds, "without~ ' which it muft be totally indifferent to the K ingdom , who are~' IN, or w ho are 0 UT of power." ,

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1 1 ;1 Ordered, Tha t the {aid R efolution be fairly tranfcribed, andfigned by the T ow n Clerk; 'and by him delivered to the faid R e-verend D o C l : o r RrCH.JtRD PRICE. -

A motion being made, and queilion put, That the F reedomof thjs City be prefenred, in a Gold Box of the 'value of F ifty..Pounds , to the Reverend Doctor RICHARD PRICE, as a gratefulcellimony of the approbation of" th is Court for his late pamphlet , in -titled, ,e OhftrvaJiolls on th e Nature of Ci'vit LiberJy, fhl Principles" if GfJ' tJcrnmml,I Indtbe ju jlice and Policy of Iht Will" with Alllt-'c ric a ;" and that the Chamberlain do attend him with the fame~u . the fame was refolved in the affirmative, and ordered accord

ingly. This COLJrt doth deflre rhe Right honourable the Lord Mayor t~provide the G old Box upon this ocealion

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,1PRE FACE to the FI~ST EDITIO.N.~

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N the follow ing OBSERVATIONS, I have taken that liberty of ex :amining p u? lic. m eafures, which,. happ ily for this kingdom ,every p erfon In If enJoys. T~ey contain the Ientirnenrs of a privateand unconnected man; for wh ich, Ihould there be any thing wrongin them , he alone is anfwerable, Afc~ all that has been w ritten on the difpute w ith AMER.ICA, DOreader can ex pec] to be informed, in this Publication , of much thathe has not before known. Perhaps, however, he may find i n itfome new matter; and if he fhould, it w ill be chiefly in the 0 " 1 " ' -vlZtions 1 1 1 1 the Nature ~fCivil Li!;erty, and the Pu/ ie , of IheWllr ' U J i l l JAmerica; and in the Appendix.F e D . 8th, 1776 .

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PRE FACE to the F1FT H ED I T ION.H E favourable recep tion which the follow ing Traa has met.with, m akes me abundant amends for the abufe w hich ichas brought . upon me. I fhould be ill employed, were I~ to "takemuch notiee of this abufe : But there is one circumftance a r c e D d i n git w hich I cannot help juft mentioning. T he principleson which I have argued form the foundation of

every State as far as it is free, and are the fame with t h o f e taQghcby M r. L O C K E , and all the w riters on C ivil Liberty w ho .have beenhitherto -moft adm ired i n this country. But I lind, w . i t h concern.that they ate not approved by our Governors; and that'they c h u r etQ decline trying b y them their prefent meafures: For , in a pam-phlet w hich has been circulated by governmen t with sreat induftry ;thefe principles are pronounced to be "unnatural and wild, in-c , compatible with practice , and the oJ fsp ri,ng o( the diftempered" imagination of a man who is byalfed b y Party, and who w rite." to_eivc." I .muft take this opportunity to add, that I love quiet too we)) tothink ' of en terin g into a conrroverfj w ith any writer. Iparticu-larly, NAMELBSS ones Confcio llS of good in ten tions, ~ nd uneen-JX c ted w ith any Party , _ . have endeavoured to plead the clure ofGeneral Liberty and Juftice; and happy in knowin this, I thaiJ.in filence, commit myfelf to that candour of the ublic of whicbIave had C o much experien ce

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PI _.,. . .. .

PAR T I.SEC T. 1. Of th e Nature o f Liberty in general _ .

..SEC T. II. Of C iv il Liberl)" and th e Principles of Government..SEC T. III. Of th e Authority o f one Country over anoth er . IJ- Page5

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PAR TIl. II I!SEC T. I.. Of th e 7uj1 icI of th e W ar with America J6

SEC T. II, Wbether theWar with America is juJlifted by th e. . Principles D f th e Conjlitutioll a' I 20e'SEC T. III. Of th e P olicy of tb War with AmericQ 2ISEC T. IV. Of th e Honour of tb e Nat ion as Ilffelltd by th e

, War with America I , 335ECT. v. Of th e P robability of fu(clcding ;n tbe War witb

America , . =

A P PEN D I X.Conlaining a State o f th e Nati()nal Dept at Midftmmer, J775 .j Ii" Eftimale of th e M o n e y drawn from th e P u"/;, P y tbe'1llxcJ,tlnd /I ConJparifl lJ of the Nat ione; I n & f J m e /incI tbe / a j J War,'llJilb th e National Expenditure Q .., 41

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U R Colon ies in NORTH AMERICA appear to be now determinedto riO t and (uWer every thing, under th e p erfu afien , that GR' Al'. BRITAIN is attempting to rob them of that Liberty to whichevery m em ber of fociety , and all civil communities, haye a nataral aad UD-alienable right. The queft jon, therefore, whether thi, is a rea(onable per-fuafion, is highly intere1l:ing, a nd deferv es the moil careful attention of e,er,Englifhmall who values Liberty , and wiihes to avoid ftaining. himfell withthe guilt of invading it. But it is impoffib le to judge properly of this queftioDwithout corred ideas of Liberty i" general; and of th e n atu re, Iimits, aadprinciples of C iv il L ib ert)' ; 1 1 /JtJrl;cll/ar. The fo llow ing obfe rvat ion s OD tl1iefobjefi appear to me impo rt an t, as well as jult; and I cannot make myre1feary without offering them to the Public at the prefent period, big with evellt.of the lail confeq uence to this kingdom. I do this, with reluaance and pain.urged by Arong feelings, but at the fame time checked by the confciollfner.that I am likely to deliver fentiments n ot favourable to the pre(ent mea(ureaof that government , under w hich I Jive, and to which I am a conRant andzealous well-wilber. Such, however , are my prefene f tt ft timen tl and vieW', .that this is a conJideration of inferior moment w ith me; and, as Ihopenever to go beyond the bounds of decent difcuffion and expellulation, I lattermyfelf , that I Ihall be able to avoid giving any perfon juft cau(e of ofFeDce~

The obfervations w ith w hich I fhall begin , are of a more general and ab-firafled nature; bot being, in my opinion, of part icula r confequence; andneceflary to introduce what [have principally in view, I hope they w ill bepatiently read and confidered,SEC T. I. Of tbe Nature of Liberty in Ge 1 1eraI

N order to obtain a more diftin fi and accurate 'view of the nature of Li-berty as fuch, it will be ufeful to confider it under the (our following ge-neral d iv ifio ns.Firft, Phyj ical Liberty .- Secondly , MDral Liberty. Thirdly, R,.ligi()"s Liberty. And F ourthly , Civil Liberty. There held. com-prebend under them all the differen t kinds of Liberty. And I have placed 'Ciroil Libert) ' laa, becaufe I mean to apply to it all I filall fay of the otherkind. of Liberty,By PHYSICAL LIBBRTY Imean that principle of 9P,,,IIIII';I}, or S,lt-I,.."r.i".t;fJ", which conftitutes us Agl" '1 Ior which lives UI a command overour aB ion a, ren dering them p rope rly , . , - s , and not eWeEt. of the operation 01any fo reig n eau fe, MOR A L Lr BBRTY is the pow er of follow ing, in .1 1circumllances, our fenfe of right and wron J or of aaing in conformity taGur rellefling and moral principIIs, without eing controuled b y any contraryprinciple, 1M .RELIGIOUS LIBERTY Rgnifies the power o(ex ercifing, w ith-out moleflation, that mode of teligion which we think beft;. or of malcin'~ c dec ilion l of our own c&nfcicnces, rcCpct'ting rclizioul truth, the , . I e


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[ 6 ]oar cencl.ft, IDa not Iny o r die decifionl of ethers. III like manner,C,YJL LI,IITY i. che pow er of a Cilf/i/ S l J t ; I t . ! Or Stall to govern it(elf b ,it. own d ifc ret io n; 01 b y Jaw s of its own making. w ithout bein (uhject toany foreign difcretion, or to the impofitio na of any ex tr~ neous w ii or pn\ver.It fhould b e obrerved, that, according to there definitions of the differentkinds of libert)', there is one general idea, that rans through them all; ImeaD, ,It, idea of S'!f-'iretlitlll, or S I { f - g l J l V Irnm till. a D id our voli tions origi-"ate not with I IMr:Ji I"UII , bu t with fome caufe over w hich w e have no power jer were we under a neceflity of always (01 1 0 wing fom e w ill different from ourown , we Jhould w ant PHYSICAL LIBER~Y. .IIIlike manner; he whore perceptions of mora l oblig at io n are controuled by~ s paffions has loft hi. M D " 1 l 1 Libe,.ty ; and the moll common language appliedC O him is , that he w an ts Self-goVett/mint.ae likew ife w ho, in religion, cannot govern himfelf by h i s cdnviB ion , ofr.eligious duty , but is obliged to receive formularies of faith. and to p rac .. .tife modes of worlhip impofed upon him b y others, wants Religious Li!Jerty.a , -And the Community alfo that iii governed, not .by itfelf, but by fomewill independent of it, and over w hich it has no controul, wants Ci",i lLi!JtrlJIn all there cafes there is a force which ftands oppofed to the a~ent ' s OW"_jIJ; and which, as far as it operAtes, produces S"er'tJiluJe. In theft,:!.t;afe, tliis force is incompatible with the very idea of voluntary moticn j.and the lilbjetl of it is a mere paffive in llrument which never alii, but is . 1ways a D , , , IIPl.. In the fi(()ntl cafe; this force is th e in flu en ce of paaioDgetting the better o( reafon; or the brute overpowering and conquering . thewill of the ",all.- - In the third cafe; it is Hilma" .i/llthoriry in religion re-. C J u i r i n g conformity to particular modes of faith and w orfhip , a n d fuperfeding~i'IJ~/ejl!'.f1lltllt. And in the JaJl cafe, it is any. will dillin tl: from that oftill! iljorJtyof a C ommun ity, which claims a power of making laws .for it,.and difpofing of it s property. . ..This il is , I thin k, that marks the Ii m it . or that Jays the line betweenLibe,"!! and SJa'Very. As far as, in any inftance, th e operation 01 any caufeeomes i f : l to retlrain the power of Selt: 'government, fo far 'slavery is intra ..cluced: Nor do J think that" preciter idea tha&l this of Liberty and Slaverycan be formed.

I cannot help wifhing r COllJ~ here Ii". m~ reader's arrenrion, and ~ng3gehim to con fider carefully the dIgnity of that b J e 1 1 i n g to which. w e gIve thename of LIB I i . RT Y, accord i n g to the re p r e f e n ration now made of je . There isSlot a word in the w hele compels { \ f language which exprefles {o much of _hati" important and excellent . It is, in every view o( it , a bJeU ing truly facredand invaluable. ad .Wi thout Phyjicai Li6er' .!, man would be a machine aEledupon by mechan ical (prings, having no principle of motion i n hi.n(eJf, orcommand over events ; and, therefore, incapahle of all merit and demerit.,-.-Without lI/,rlll LilJlrty he is a w icked aud deretlable being. (ubjecl to thetyranny of bare lua!. and the (port of every vile ap petite . . _n And withoutReJigioul and CivII Libtrty he is a ponr and abjetl animal, without rights,without property, and w ithout a confcience, bending hi. neck to the yoke,and crouch ing to the w i U 01every t i J l y creature who hal th e infolepce &0 pre . .:tend to authority over him. = Nothing, therefore, can be of (0 much con-(eq l1encc: to U I .a li"'''I). It is the foundation of ,II honour, and the chiefprj vileue and glory of our natures.

In fix ing our id ~ as o n the (ubjeB of Liberty, it is of particular ure to take " J e l aan enlarged view of it AI ( have now given. But tbe jmmedialc objeft of thepre(ent enquiry b e l l i & , Ci' l/ il L i6"I.), I w i l l c o n f i n e '0 it . ) 1 t h e 'ubfequeac.bferv.tiOIH s 8 CT.


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[ 7 ] SEC T. II. O/,Civi l Li;",IJ ."J I/)I Pri"ciples tJ jGtJfJtr"fIIIlIt.'

R OM what has been raid it i.obvious, that .1 1 ~ivjJ government, alfar.it call be ~enominated fret. is ' .he .crea~l1Ie.of the p~op'~. It oriJina..Wlth them. It II condufled under chelr d.reillftn; abd has 1ft View nothln buetheir happiaefs. All its differen t form s are no more than fo many di erentmodes in which they chufe to direa their affair. , and to (ecare the quiet enjoy.ment of their rights. In every free flate every maD is his own Legifiltor.~_AIJ taxll are free-gifts for public fervices.. All lawl are particular proyilioDIor regulations eflablifbed b y COMMON CONSEN'r (or gaining protetlioaand fare.ty . And all Magiflr.lts are T rufleee or D eputies for carry ing thefe regala- nons Into execunon .Liberty, therefore. is t oo impe rfet lly defined w hen it is raid to be c , a Go menr by LAws, and not by MEN." If the Jaw, are made by one man, or 8J O D e o of men in a ftate, and not b y COMMON CONSINT, a governm en t by themdoes not d iK e r from Slavery. .In this cafe jt would be a contradiCtion in term s tofay that the !late governs itfeIf.From hence it is obvious that Ci ,v il L ihe r lJ . in its moft perfeB : degree, can beenjoyed only in fm all (latel, where every member is capable of giving his (aliagein p erfon , and of being chofen into public offices. When a ftate becomes fo BU.merous, or w hen ' the d:fFefent parts of jt are removed to fuch ..diftances from ODe

another, 81 to render c h i s im praeticeble, a dim inution of L iberty Decelraril,arifes. T here are, how ever, in rhefe circumflances, methods by w hich (ueh Dcarapproaches m ay be made to perfetl L iberty as O,all an fwe r all the purpofel ofgovernmen t, and at the fam e tim e feeure every right of human nature,T ho" aJl [he members of a Ilate Ihould not be capable of givin their (air,...On public meafures, ;ndivi'"al/y and ptt/onaJly, they may do this y the appoint-ment of SuhjlilultJ or Rtprejtflla/ivts. The)' may entrutl the powers of t epO. .tion, fu b jeCt to filch ret triCl :ions as they {hall think neceffary, with an) ' Dumberof Dtltgalls"; and whatever can be dane by ruth deleg ates w ithin th e limiu of.their tr ul], may be confidered as done b y the united voice and coonC el of theCommunity . 'In this method a free government may be 'eftablilllecl'u' tieiargeft ftate; and it is conceivable that by regulations of this kind, anyaumberof Hates might be {ubjeCled to a f4.heme o f governmen t, that would exclude thedefolatiom of w ar, an d produce u h i v e r f . & 1 peace' and order. "Let us think here of what Inay be pratlicable in chis way with refpetl toE~r'pe in particular. = ... ,While it continues divided. as it is at p r e C e n e , iato agre~t number of independent kingdoms whore interefle are continually clafhial.it is impeflible but that difputes w ill ofren arire which mull end in w ar anel car.nage. It would be no remedy to t h i s evil to make one of there Rate l (u premeover th e reft ; and to give it an abfolure plenitude of power to fLlperiDtend .n~conrroul them. This would be to fuhjed: all the It.ales to t be a rb it ra ry difcretionof one, and to etlablH h an ignominious fiavery not poSible to be long endllred.It would, therefore, be a remedy worfe than the di'eare; nor is it amble it 'fhould be approved .b y any mind that has not loft every iciea of Civi Liberty.On the contrary. 5 -Let every fiate, w ith refpeEt to II I it s internal (;Onceral, becontinued independent of all the reft ,; and le t a general confederlc)r be farmldby the appgiutment of a 51 NAT I confiRing of R ~prerentat ivel (rom aU che diC.fer~ n t R ates. Let tbiJ SI NAT I olfef. the pow er of managing 8n the tI"'.'concerns of the united aatea, an of judging and deciding between them, a common 4riN", or U.,irl, in all dirputea; hiving. It the (ame t i lDC, under itldireition, the common force of the a . e e l to (apport it. decifianl. In thefecircum ftancel, each reparate ftate would be (ecure Isainft tbe interference o r (0-,'iln,ower in iC I privacc concerns, and, therefore, would P O I l ' . C I Li6,rIJ ilDel . atA + ~


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~III II.. .~

[ 8 )the fame time it w ould be (ecure againft all oppreflioD and in{ult (rom every J le ig llbouring f ta te . Thus Dlight tbe (citter.ed force and abilit ie s o f. wJu:alecoAti .eDt be I.th~,ed int.eae poiDt: J atllitigation. fetlJed they role; uawer-(a l p eac e preferved ; an d nation p reven ted /r,. " ".1 " "" lifti"g M I " ! W . " " IllainjJ1 1 M .

I Juye o&fer . .ed, that tho', in a gnat Aate, all the jndividuals th at compo te itC".IOI be admi tt ed to an immediate ,anicipation in the powers oflegi11ation andlo""nmt'Dt, yet they may p articipate in there pow ers by a delegation of them toa body of rcprefcatatives. In this cafe it is evident that the ftat~ will -beAiJ) fr/~ or j i l KfJ ' lJ""eJ; and that it will be mote or Je(s (0 in proportion asiti.more or (. fairly and adequately reprefented, If th e perfons to whom thetraA of government is committed hold their p laces for _ Jhorc t erms j if t hey arechofen D r the unbiafled voices of a m ajority of the late, and fubje6 to their in-ftruaion.: Liberty will be enjoyed in its higheft: degree. But if they are cholenforloDg terms by a part only of the ftate; and if during that term they are {ub.jea to DO controul { rom their conJlj tuenrs ; the very idea of Liberty w ill be Joft. and the power of chaling reprefen tatives becom es nothing but a power, lodged in~lev. to chufe at certain periods, a body of Maf l ers fo r t hemfe lv es and for theJefl,.r the Community. And if a ftate is f e t funk that the majority of its repre-fentalil'cs are eletled by a handful of th e mean eft (a) ,per{ons in it, whofe votesare alw ays paid for; and jfalfo, there is a higher will on w hich even thefe mock,.pre{IJJtativ~s themfelves depend, and that directs their voices: In there circum.fiMUS, it will be ~. i iabufe of Janguage to fa y that the I la te po lf elf es Liberty. Pri-vate men, indeed, might be allowed the exercife of Liberty; as they m ight alfounder the- mol! defpotic government; but it would be an indulgence or (Qlllljvll,,~ederived from the fpirit of the times, Or from an accidental m ildnefs in the ad.JJlitriftration . A nd, rather than be governed in fuch a manner , it would peT -h.aps be better to b e governed by the w in of one man w ithout an y reprefenrarion :For a repre fent arion fo degenerated could anfw er no other end than to mifleadaed deceive, by difguifing flasery, and keeping up a fl,m of Liberty when 'he,wily wa.loft.

\.Within the limits now mentioned, Liberty may be enjoyed in every pofJibJe(jegree; from that which is complete and perfec], to that which is m erely no-mina) ; according as the people have more or lees of a fhare in government, andof a controuling po\\'cr over the perfons by whom it is adminiflered, In genera], to be free is to be guided by one's own will; and to b e gu idedby ehe w i I J of another is the charafleriH ic of Strvitutle. T his is particularlyappU cabJe to Political Liberty. That Ilate, I have obferved, is fret, which isgvided by its ow n will; or, (w hich cernes to the fame) by the will of an af.fembly of rep refentatives ap pointed by itfelf and accountable to itfelf, Andevery H ate that is not fo governed; or in which a body of men rcprefenting thepeople make not an ell'tnrial part of the Legiflarure, is in jlavery. - In or-der to form the moft perfeB: conltiturion of governm ent, there may be the beftreafons fo r joinin to fuch a body of rep refenratives, an Htrtditary CDuncil , con.fining of men of t e lira rank in the H ate, with a. StljJrelllllxt{lJtj'lJl MagiJIral ' atthe heart of all, 'j 'hjs will form ufeful checks in a JegilJature i and contributeto g i V I it vigour, union, and difp atch , without infringing liberty: (or, as longas that part of a government w hich reprefenn the people i.a/air r'/Jrtji"lati,n ;,nd alfo has a negative on all p ublic m ea(u res. together w ith the Cole pow er of

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(a " rn Or'Af p'rir,1;,t, c o n f i r 1 i n ~ of nt'.r f i X ' ",;/Ii,,,, orinhahitant" 57.' perron,. moR o r them thel l lwc:!t of th e peeplc, eject on e half of th e J I , I / ft if CD",,,,'.I; and 36,. yotel chufe a ninth part. TJJi ,rn.~ybe Ieen ditlinClJy m a d e . out i n th e P,li/itai Dijfllijilicns, VoJ.l. Book a. C, t. a work full ofhl1l 'OHnnt and u J ~ f l J l initruftiQ lh' ." . ~ impofJnl

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, [ 9 ]iaapo'.' ._ erig i tiD I lep pJ iee ; tile de.iala ofLiberty w i . 1 1 be pre.e_ry-ed, W . make ilour ,.aia this coanrry,. tll.c thjs i.our OW D CODlitii-tioa. Iwill not (ay, with h o w macb reMOn. '

~ .01 roch Liberty AS I ha.e Ito. dcfcribcd, it is impoB ibJe that there Ihoald . b eaD excefs. Government i.aD iaftitutioD fo r the benefit of the people love~p~,wliich they have pow er ' 0 Jno.del as they pleafe; and to {ay , that they ~~Q ~ . Y etoo m ach of this power, is to fa" that there ought . to be a pow er in the ftare'{upei:iorto that w hich gives it .ing,and from wh icb all jurifditlion in it is derived, . . .Licentioufnefs, wh ich . has been commonly mentioned, as an ex t reme of-liberty. isindeed its oppofite. It i . s government by the will of rapacious individuals, in op -pofit ion to rhe w ill of the community , made know n and declared in the Jaw .. Afree flare, at the fame time that it i s f ree it fe lf , makes all it l members free by ex-cluding licen tioufnefs, and uarding their perfons and property and good nameagainft infult. It is the en of all juft governm ent, at the fame time that it k-cures the liberty of the public againft fore ign injury, to fecure the liberty of theindividual againft pri'vidt injury, Ido not, therefore, think it ftritlly juli. tofay, that it belongs to the nature of government to entrench on private liberty.It ought never to do this, except as far as the ex ercife of private liberty e n-croaches on the liberties of others. That is i it is Iicenrioufhefs it rcarain" andliberty itfelf only when ufed to dellroy liberty.It appears from hence, that licentioufnefs and defp()tifm .are more nearlyallied than is commonly imagined. They are both alike inconfiften. t . w ith 'liberty . and the true end of government; nor i.s there any other difFer~ncebetween them, thaa that the one is the licen tioufnefs of grlAt men . and , 'theocher the licentioufnefs of [iltl,men; or that, by the one, the perfons and pro-perty of a people. are fubjeC t: to outrage and invafion from a King, or a Jawl~fsbody of GranJ'6s; and that, by the other, they are fubjeB: to. the like outr.gefrom a J arw/Iji moiJ In avoiding one of thefe evils, mankind have often runin to the other. B ut all w ell- ccnflituted gov.ernm en ts guard equally ig~nftboth . Indeed of the twO, the Jail is, on Ieveral accounts, the leaf!: to' bedreaded, and has done the lea!mifchief . It may be truly {aid , that if Jicentiouf-Jlefs has deftroyed its thoufan ds, defp otifm bas deftroy ed its millions. TJie for-m er, having little power, and no { y4em to fupport it, neeeflarily ii.ods it. ~."nremedy; and a peop le foon . get out of the tumult and anarchy attending it.But a defpotifm , w earing the fqrm ' of ~overnDlent , and being armed w ith it.force, is an evil not to b e conquered without dreadful firug.gles. It goes oafrom age to age, debaf ing the human faculties, JevelJing a .l l d if lin tl ions, andpreying on the, rigb rs and b J e f f i n s of fociety . r t deferves to be added, that in-8 f la re d iflurbed b y Iicenrioufne I, there is an animation which is favourable tothe human mind, and which puts it upon exerting it s powers . But in a 1tlcehabituated to a defpotifm; all is llilJ an d torpid. A dark and favage tyraanylliiles every elfort of genius; .and the mind 10(tl all its {pirit and djg~ity.

l ..Before I proceed to what I have farther in view , I w ill oh(er"~, that the ae-coun t now given of the principles of public Liberty, and th e nature of an equal.adfre e g ov ernmen t, ihew. what judgment we Ihould form of that oMNrpoTENci~which, it has been (aid, mufi belong' to every government as [uch, Grea tfirers has been J a i d on thil, but moO: unre .fanably . Government , 81,hal been before obferved, ii, j.. the very natuM of Jt . a T IttJS T j and ~ IJ it. .,)ppwtra I D I LIa AT JON fr;r. gaining pal't icalar ends. Thie IrMjI may be mir. .applied and abufed, It may be .employed ID deftat the very elld. for whichit w as infliluted j and to f u bvert the very right. which it oug1tt to protetl.~-A PA RL J A A IS t . 1 r ., for i n f i a n e e , coniltJn o f a body 0' r'pt,{ent8ti,e,. chofmfor a lim ited period, to make Jaws. an to grant Inoncy fo r pu b l i c fervices,W O r . lJ d (erfcit its a u t h o r i t y by maklnt\ itfel 'p~pecu~l, or eva prulo"nging i r e

III o~/n. ,


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[ 10 ) ... . n duration; b y nominating it. ow n member.; by iccep tia 'bribes; o r{abjclling jefclf to aay kind of lorei II i.8aenec. Thi. trOU d convert.Pllr/ill"""t into a ~1I", IQ'v~or j . , , 1 i J felf.creaced tool.; IRd a aate tbar:laas loft its regard to its ow n rights, (0 far as to fubm it to (ueh a breach o Etr\li jn it. rulers, is enfiavcd. Nothing, therefore, caft b e m o t e ab(urdrhaD tbe dO& jne w hicb (ome bave taught, with refpelt to the omnipotence ofparliaments. 'I 'hey poKers no pow er beyond the limit, of the traft for the exe-'cation of whiCh the.y were formed. If they coatr"ditl this trull, they betray- their eonfticuents. and diflolve themfelves. A ll delegated pow er maft be fub- :ordinate and lim ited. If omnipotence can , w ith any fenfe, be afcribed to 8legiRacure, it Inull b e lodged where a ll le giOa tj " e authority originates; that is,.i.the PEorL E. . 1 01the ir fakes government is inftituted; and their'. is theonly Ilea) omnipotence.

I am fe lJ fib le , that all I have been faying w ould be veryabfurd, were the opi. 'nions jUlt which tome h a v e maintained concerning the origin of government, 'i~c'C)rdi1)g to t hefe opin ions, government is not the creature of the people. orthe refulr of a convention between them and their rulers: But there are certainmen who poSfefs in themfelves, independently of the will of the people, a rightof go\'er~ing them, which they derive from the Dei ty . 'I'his dotlrine has been 'abundantly refuted by many (a ) ex cellen t w riters. It is a dotir;ne which avow . ..edly fubverrs C ivil Liberty; and wh ich repre fen ts mankind as a body of vaflals,formed to defcend Ii ke caerle from one (et of ow ners to another, who have anab fo Ju te domin ion over them. It is a wonder, that thofe who view their {pe-a" in a J,ight fo humiliating, fhould-ever be able to think of them felves with-out regret and Ihame, Tbe in tention of thefe obfervarions is not to opport {uch leDt iments ; but, taking fot granted the reafonablenefs of Civil Liberty, to fheww he re in, M confifls, and what ditiinguifhes it frcm its contrary. And, in CGn-:fidering this {ubjcCt, as it has been now treated, it is unavoidable to refteB : onthe excellency of a free government, aed its tendency to exalt the nature of man.en .Every member of a free fiate. having his property fecure, and knowinglIimfel his own governor, poffeffes a confc ioufne fs of dignity in himfelf, aad feels'incitemeD ts to emulauon and improvement, to which the m iferable flaves of arebitrary power mut1: be utter ftran gers. In fuch a nate all the fprings of atlion"ave room to operate, and the mind is ft imu la tcd to the noblefl exertions (6). a.Bue to be obliged, from our birth, to look op to a creature no better than our.{elves as tbe m after of our fortunes; and to receive his will as OUf Jaw. Wha tcan be m ore hum iliating? W hat elevated ideas (an enter a mind in fuch a litu-arion 1 -Agreeably to this remark; the fubjeC ts of free ftates have, in allages, been mott diftingailhed for g~nius and know ledge. L ibert)' is the f G i lw here the art: i and fciences have flourJ0 1 ed i and the more free a ftate has been ,the more have th e po\vers of th e h um an mind been drawn forth into action, andthe grea~er number of brave men hal it produced. With what tutt ,c do the ae-tient free R ates of GIllI Ihine in the annals of the worJd 1 How diifercn t is thatcountry now, under the Great crurA' T he diiF erence between a country inha-bited b men, and b y brutes; is not reater. . .T he e are reflex ions w hich fhould conR antly prefene to every mind in thf.country, A s }.t/otol Liberty is the prime blrffin of man in his pri'IJllll cap a ..city, fo is G"ioviJ Liberty in his pIl6/;, capacity . T ere is nothing th ac req uire.more to be rwaltht. chan pow er. There is nothing that ought to be oppo(edwith a more determined re{o).tion than .its encroachments, Sleep in a ftille, N'"lrjfMiIM fay. , is alw ay . (ollow ed b)' aavery.(II , J See ImftlJB o thers MI . Locke on Governmen t, an d D r. P r . i e a J e y 'a E f fa y '" the l irA Prinei , lci

ot~()n\ crnme nf.(.) See D r. I'deftley on Cl.ovfrnment, " Ie 68 , '" Icc. The'


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[ II ]The ~ple of ~ kiDldolD were once ."'lfIIIed b y ruch G:.ti.eIlts IItW.Many (yccpp~ut of P . O " ' " lIa~ cbey' ficecl. OfC ln have they (ougllt actb J c c I in the cau(e of Liberty. .But thac t ime (lelDl to be goilg. The Ilir ia-heri tance of Libert)' lefe uI.by oar ~ceftor. lDany 0( al arc Dot uDwilliD,.reGgn. AD abaD doned veaalic)'1 the. ia(eparabJe com panion of diffipatioa U H I

c.ltr~v.gan~ ha~poifoncd tbe (prill I of pablic vinae among u.: AD d ihoalclany eveDts ever .rife that fhould re er the ~ oppoG tiOD De~ar1 that ~kp lace in the t im es of K ing a.,/" the Firl, and . 1 . " , , / the Second, I a.afraiclall that is valuable to al wouJd be loft. The terror of the landiD ar1D1. th edanger of the public fund. , and t. al1 -corrap tiag influen ce of e crcafar, .would deaden all z eal, and produce general acquicfcence and fervility . SEC T. III. Of th e Auth(Jrily of DlIe Country tJver anDlh tr.R OM the nature and principles of Ci,j) Liberty, .s they have been.owexplained, it is an immediate and necelrary inference, that no one eommll-nity can have any power over the properry or JegUlation of another community_that is D ot incorporated with it by a juft and adequate reprerentation.. Tbeaonly. it has been fhewn, is a Ra te frtt, when it is govrrn ed by its ow n will.But a coun try that js {ubjeC t to the legiflature of another country , in which i,haa no voice, and ove r which it has no controul, cannot be (aid to be governeciby its own will. Such a country, therefore, is in a ftate of aavery. ' Anti itdeferves tobe particularly confidered, that fuch ' a aavery is worfe , on feyeralaccou. rAta , than any lIavery of private men to one another, or of kingdom. todefpots w ithin themfelves. Betw een one R ate and another, there is none of thac fellow-feeling that takes p lace between per f~D . in privat! life: Being detached - .bodies that never fee one another, and refidlng perhap. In differen t '1 uan er. oft.e globe, the flate that governs cannot be a witae6 E O tile (offenn OttafioDeci 'by its oppreflioDs j or a competent Jodge of the circum ftanca .abilities ofthe people who are governed. They mO'ft a lfo have ill great degree repararein tereR s; and the more the one is loaded, the more the other may b( eafecl.

The infamy likew ife of oppreflion , being in fuch circumft lnces fhared aD l9D g .'multitude, is .ot likely "to be much felt or re ded, On all' thefe iCC.IDtithere is, in the cafe of oee country fubjugate to another, little or.nothia to'check rapacity; aad the moft B agran t injuftice and cruelty may be pra e e lwithout remor(e or ity. I will add, that it is particularly diB icu~ t to ~off a !yranny of t is kind. A A ngle ..defpot, if a p eople are unaaimoal aadrefoJute, lna)' be fb on (ubdued . B at a de{potic ftate i.Dot ufily fubciaecl; anela peop le fu bje& to it cannot emancipate them(elve. without entering iato dreadful, and, perhaps, very unequal centef],I cannot help obfervin farther, that the Oavery of peo Je to iDlera.1 de-(pots may' be q.ualifitd an li m ited; bOI: J don 't fee wbat can imit the authorit,of one ftaie over another. 1'he exercifc of power in this clfe can have 110 ochermeafure thlD difcrction j and , therefore, muft be indefinite Ind .biolatl

..

Once more. It fhouJd be conlidered tbat the goverD ment of ODe coaDI . . , b yanother, can only be (up orted by a military (orce; and. without rich. (up-port , mu4 be deftitute D all weight aDd efticiency. This will be beft explaiaed b y patting the (ollowing clfe. There II, I.tus f u p p o r e , . in a pl'ovinc~ (ubje~ to tbe (overei' nlyor 4iftant late. I (u~ordin ate le In.rurc con liftlD I of aD AI bly cbo by the peop l" Coucilchoren b y t at Aembly ; andIGovernor .,~i';t'.y , the So,.iei,n Sea. , ae lpaid b f t~e Pro,ince., Th~re are like!life, J .udl~ ' lad echer olice,., polntecland paId In the flme manner, for adalinafterlD )11 it' alreeabl' Ie) die ~b ythr verdia. of juries fairly and indircriminlt y c 9fe.. . T ;. to,. con.ftjtucioJl {ccminl" frce, b y livinS ehe p'eop l 0 a..,. ill dleit ow . 1 0Y lra .. nt,l A d


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[ 12 . Jand ( 'ftme check on their ruler . . Bat, while there is higher legiflative power.io the controul -of ",),i-ch fuch a tonftitation is fubjeet, it does not itfe]f p o 1 T e f sLiberty, arrd therefore, cannot be of aoy afe as a fecurity to Liberty j nor is itodibre that it fhould be of long duration. Laws offenfive to th e Province will_ el1sBed by the Sovereign State. The J eg iflat ure o f the Province will remon-:Arate againtl them. The mAgiflratts will not execute them. Juries will notconvilt upon them; and confequenrly, Iike the Pope's Bulls which once go.'Yerned EurDpt, t hey will become nothing but forms and empty founds, to whichno regard w ill be Ihewn. - --In order to remedy this evil, and to give efficiency10 it s governmen t, the fupreme ftate w ill naturally be led to withdraw the GD-"IJtrIlDr, the Council, and the ..lldgil (aJ from the controul of the Province, bymaking them entirely dependent on itfelf for their pay and canrinaance in DjJi(etas welJ as for their appointment, It w ill alfo alter the mode of chuting J arieson purpole tv bring them more under its influence :. And in fome cafes, underthe pretence of the impoffibility of gaining an impartial trial whe re governmentis relifted, it w iH perhaps ordai n, that offenders fhall be removed from theProvince to be tried w ithin its ow n territories: And it may even go fo fa r inlhis kind of policy. as to endeavour to prevent the efFetls of d ifc on te nts, byforbidding all meetings and afioeia rions of t he p eo ple , except at fuch times, andfor rueh particular pu rpofes, as t h a I ) be perm itted them.Thus will filch a Province be ex atlly in th e fame nate that Brita;" would bein, were our nrfi ex ecutive magiflrare, our H oule of Lords, and our Judges,Ilotlaing bu t th e iflrumen ts of a foreign democratical power; were our Jdriesaom inated by that pow er j or were w e H able to be t ranfporred to a diflant coun-"1 to be tried for offences committed here; and reitrained from calling an,Sleetings, confulting about any grievances, or aflociating forany purpofes, ex -cept wl!en leave Ihould be gi,,"en us by a Lord Lit-ultna1t! or Y;(eroy.It is certain rhae this is a Ilate o f op preflion which no country could endure,and to w hich it would be vain to ex pect, that any people Jhould fubm it an hourw ithout ftI armed force to compel them ..Tire late tranfad ion s in lV[r1fi1ciJltjetl's Bay are a perfed exemplification of w hatJ have rro~ faid. The government of Great Britain in that Province has goneon ex aetly in th e train I have defcribed j till at Jail it became neceflary to Ita-tion troops there, not amenable to the civil power; and all terminated in a

governDICDt by the S\VOR D" A1Jd fuch, if a people are not funk below the cha ..J'aa,l' of men, will be the ilfue of all go\'crnment in fim ilar circum flan ces It may be afked --- _ ." Are there not caufes by which on e tlate may acquire af' rightful authority over another, though not c on to lid ate d by an adeq uate R e . .

(/l J T he independency of the Judges w e eflccm in this coun try one of our greatefl privilege! " II!cfnrt. th e revolution they generally, I believe, held their places dur ing p ltO" fu rt . King W illiam gavethem their places duril1g g?,,1 beba-ulour, At th e accctlion of the prefent Roya l Family their p laceswere livtn them d u , . i n K g t J o d h , t / J I I ' V i f J u r, in confcquence of the Atl of Settlement, 12. and 13 W. JII.C . 2. But an opinion having been entertained by Ierne, that though their comm iffion! were madeunder the Act of Settlement t o con ti nue, during good behaviour, yet that they determined on theuemife of the Cri lwn; it w as enacted by a ttatllte made in the brA: year of his prefent Majellv,'chap. '1.1, "'rhlt th e commiffions o f J uc :;t :s fo r the time being OtalJ be, continue, and remain inI'full force, duri nJ~ rheil' good behaviour, notwithflanding th e dernife of h i! M a jcft- y, or cf any of his~ ' H eirs nn d SIICCl n i H ' S ; " with a provifo, " that it may be law ful for his Majef ty , his H eirs am i!' Succeflors, to remove ~iny .Jud~e upon the addrefs of both Ho ufes of P arliam en t." And by theram eS tatutl their C d.ui, 's :11~ferurcd td them during the conduunncc of their commiffions: H is Ma~jelly, ilccoi'ding to the prl ' . lm"'t! o( the Statute , hav ing been p l~ ~ ,(ed to declare from th e Throne to bothH O I . r " , o( P.udiamt'nr, H 'I'hat fie looked upon the independency an d uprightne(s of JtJdges 39" e O i . Miul to l- h e j m p : l rt i Ii :mIni iUrJt inn o f [ u ftice, alone of th e b e ! I I fecu rhies to the R Jght. and" Liberties of his Jovirlg fubjl'ts, an d as mon conducive to the honour n. f hit; Crown."A worthy (r: r. ;ld an d l ! > I , : Law yer has fupplicd me wi: h this note. It affords, when contraRcdw;~ h "hat d ' ' P t l u f l 1 f , , c t o f rh e J u c 1 ~ l . t S which has been thought reafonahle i n AnlI,.ictI, a (.Al l rpecimc~f' f dlld ifl~.rcnt murmer ill which .. kingdom m a y think proper to govern it{cl(, and th e p ro vin ces(U~ l j LC~ tto it. . _ . +I

If prefentation in


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[ 1 3 ] I. prefeatltion~" 1 an{wer. that there are DO {ueh . eau fee, , . . . .. A ll tbe cau{c~ to which fuch an efF eC t ,~ " be !lfcribed are CONQ.!'IST, COMPA(,T, or qB.Ll~GATIONS CONFIRRED. ~ ~ ~Milch haa been Iaid of the right of C D I I I J U I j l ; and hitl:ory contains Ji.tt1~ m~r~than accounts of kingdoms reduced by it under the dominion of other ~ jn g .. .

I doms, and of the havock it has made among mankind. But the authority de.,~ rived from hence, being founded on violence, is never rightful. 'I'he R1J1IJ1l~R'pu!JJic was nothing but a fatlion againft the general liberties of the world;I and had no more right to give law to t he P ro vin ce s fubjea to it, than thieveshave to the property they feize, or ' 0 the houfes into w hich they break.. Evenin the cafe of a juft w ar undertaken by one people to defend itfe]f againa: theoppreffions of another people, conqueft gives only a right to an indcmnificaricnfor the injury w hich occafioned the w ar, and a reafonablc fecurity againtl future 10Jury It N either can any ftate require fuch an authority over other 11:ates in virtue ofany cDlllpallJ or CejJiDNJ. 'I'his is a cafe in which compaCls are not binding.Civil Liberty is, in this refpeCl:, on the fame footing with Religious Liberty.As no people can J a w f u U y furrender their Religious Liberty, by givin g up theirright of judging for them felves in religion, or by allowing any human beingsto prefcribe to them what faith they Ihall embrace, or what mode of w orfhipthey {ball pratlifc; fo neither can any civil focieties law fully furrender theirCivil Liberty, by giving up to any extraneous . jurifdiaion their power of l~if-Iating for them felves and difpofing their property . Such a ceffion, being In -con6t1:ent with t he una lienable rights of human nature, would either not bind atall ; or bind only t he indiv idua ls who made it. 'This is a blefling .which no onegeneratjon of men can give up for another; and w hich, when 10ft , a peoplehave always a right to refume, Had our anceflors in this country been fomad as to have fubjeBed themfelves to any foreign Community , w e could nothave been under any obligation to continue ill fueb a ftate. And all the nationsnow in the w orld who, in confequence ef the tamenefs and folly of their p re . .deeeflors, are fubjea to arbitrary pow er, have a right to emancipate themfelvesas foon as tbey can . If neither lDnflleJI nor CDlIIpllll can give. fuch an authority t much lefs can anyfavours received, or any fervices perform ed by one ftate for another, .b Let 'thefavour received be what it wil1, Liberty is too dear a price for it. A flare chathas been D I J l i g e J is not , therefore, bound to be ,njlav,d. It ought, if poflible, tomake an adequate return for the fervices done to it; but to fuppofe that it eugheto give up the power of governing itfelf. and the difpofal of it s property, wouldbe to fuppofe, that, in order to fhew its gratitude, it ought to part with the powerof ever afterwards ex ercifing gratitude. H ow much has been done by thiskingdom for Haneuer P But no one will (,1Y that on this accoun t. w e have a right

to make the law s of H anev er ; or even to draw a fingle penny from it without itsown confent,After what lias been {aid it will, I am af,aid, be t ri lling to apply the preced-in g arguments to the cafe of different communities, w hich are confidered asdifferen t p arts of the fame E " ' I , r e . But there are reafone which render it D eter.(ary for me to be ex plicit in making this applica tion .W hat I mean here is juft to point out the difference offituation betw een com-~ unjties forming an Empire i and particular bodies or clafles of men forming

dIfferen t parts of a KillgJ'III. Different communities forming an Elnpirt have noconnexions, which produce a neceflary reciprocation of interefls between them.They inhabit different diU riC ls, and are governed b y different legiflaturcs.. t .On the contrary . T he different cJaffee of men within a Aingdom arc all placedon the fame ground. T heir concerns and in terefls ate the fame; and what i.clone. to on~ part DluL l atfetl all. Theft : are fituaticn s totally different; an d aconstitution


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[ 14 ] eariicutioft G r government that may be confiDent with Liberty ia one of them."may be entirely inconfiftent witb it in the other. It ii, bowever, certain that,~ven in the laft of thefe l ituat ions , no ODe pare ought to go"ern the reft. In orderto a fair and equal government , there oaglat to be a fair and equal reprefentationcE all tbat are governed; and as fir as this is w an ting jn an)' government , itdeviates from the principles of Liberty, and becomes unju1t and oppre ffive . ." =

But in the circum flances of djJferent communities, aU this holds w ith unfpeak-ably mOre iore. The governmen t of a part in this cafe becomes complete ty -,u.Y; and fubjeftion to it becomes complete Ilavery," But ought there not, it is alked , to ex ift fomew here in an E11Ipire a fupreme.legidative authority Over the whole; or a pow er to controul and bind aU thedifF eren t { tates nf w hich it conliRs ?-. This enquiry has been already anfwered,The truth is, that fuch a fupreme controul ing power ought to ex iil no-w hereex eept in fuch a S E NATE or body of delegates as that defcribed in page 7; andthat the authority or fapremacy of even this Ienate ought to be Jjm ited to thecommon concerns of the Em pire .- -_ . r think I have proved that 'he fundamen ..tal p rin cip les of Liberty ncce1fariJy req uire th is.In a word. An Empire is a collection of H ates Or communities united by fomeGOmmon bond or tyee If thete ftates have each of them free confiituticns of go-Yernmen t , and, with refpetl to taxat ion and internallegifiation, are independeneof the other flates, but united b y com paC ts, or alliances, or fubjeltion to a GreatCDUIICi l . reprefenting rhe whole, or to one monarch cntrufted with the fupremeex ecutive p ow e r: In thefe circum flances, the Empire w in be an Em pire of Free.mea. If, on the contrary, like the different provinces fubjea to the Grall'StigniD,., none of the flares poflefs any in dependen t le gifla tiv e authori ty; but areall fubjelt to an abfolute monarch, whofe will is their law , then is the EmpireIn Empire of Slaves. LfB If one of the nates is free, but goVef'DS b y its willall the other Hares; then is the Empire , like that of the Romans in the t imes ofthe republic, an Empire con6fting of one ftate free, and the reft in fiavery: N ordoes it make any more dilference in t h i s care, that the governing Ra t e is itfelffree, than it does in the cafe of a kingdom Iubject to a atJjDt , tha t this defp ot isliimCelf free. I have before obferved, " that th is on) y makes the fla\ ery wo rk .There is , in the on e cafe, a ch an ce, that in the quick fucceflion of defpots, Igood one will fometimes arife. R ut bodies of men continue the fame j and havegenerally proved the moft unrelenting of all tyrants.A great writer before (a ) q uoted, obferves of the Roman Emlirl. that w hileLiberty was at the cen ter, tyranny prevailed in the ditlant 'provinces ; Ihat fucbas w ere (ree under it were e x tremely fo , while thofe who were Ilaves groaned lin.der the extremity of flavery ; and tha t the fame ev en ts tha t d e j l r & J e t l the liberty oflaC fermer, gO'l.!' liberty to the latter ..The Liberty of the RAmanJ, therefore, ,\,SI only an add it ionaJ ca lamity to thep rovin ce s govern ed b y them; an d though it m ight have been {aid of the c;I;1I:tnlof ROllle, that they were the , . Ireefl members of 31ly civil (oriet)'. in the know n" w orld;" yet Q f the juilje!ls of RDmt, it mull have been {aid, that they wereth e completetl flaves in the know n w orld ._ - - How remarkable is it, chat thisvery people, once the freeft of mankind, but at th e 1me time the moll proud8 n . p tyrannical, fhoald become a e Jaft the m olt contemptible and abjta Oave. chatever exifted 1

(.) J\fon terq uie~ 's Sririt otLaws, VoJ. 1,Iook II, C . six.t

PART

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[ 15 )

p A ~R ,T II.N the fore oing di{qui6tioal, I have, (tom one lead in g p rin cip le, deduced.Dumber 0 contequences, that feems to IDe incapable of being difputed. Iave meant that they ihould be applied to the great quellion betw een this king-dom and the C olonies w hich has occafiened the prefect war with them.It is impoflible but my readers mull have been all aJor.g making this appli-cation; and jf they H ilt think that the claims of this kingdom are reconcilableto the principles of t;ue liberty and Iegirimate governmen t, l I am afraid, thatnothing I 1 1 1 a l 1 farther f~ y w ill h a v e any effeCt on their j udgmen ts. I wifh, ho\v-aver, t hey would have the patience and candour 10 go w ith me, and grant me a

bearing fome time lO l1ger.Though clearly decided in my own judgnlent (In this fobject, I am inclinedto make great allowances for the different jud gments of others, We have beer,fa ufed to { peak of the Colonies as our Colonies. and to think of them as il l aflare of fubordination to us, and as holdin g their exillence in ..4,w~rj,"a ouly fo rcur ufe, that it is no \\ onder the prej udices of many are alarmed, when theyfind a d iffe rent doflrine maintained. ' [he meanefl perfon among us is difpotedto look upon himfelf as having a body of fubje8s in Ameri(a j and to be offendedat the denial of hi s right to make laws fo r them, though perhaps he does notknow w hat colour tbey are of, or what language they talk -Such are the na-tural prejudices of this coun rry , M- -- - But the time is coming, Ihope. whea theunreafonablenefs of them w ill be feen , and more juft fen timen rs prevail.Before r proceed, I beg it may be attended to, that I have chofen to try t~isqueflion b y the general principles of C ivil L iberty i and not by the' praaico offormer times; or by the ChQr/~1"J granted the colon ies. T he arguments firthem , draw n from thefe J a i l top ics, appear to me greatly to outweigh the arga-

ments aga in }1 them. But I wifh to have this queftion brought to a higher tel,and furer iflue. T he queflion with all liberal enq uirers ought to be, not w h a ej lIriG jifiion over them P r ec ed en ts , S ia /u /e s, and Charters gi va, but what reafoDand equity, and the rights of humanity give. This is , in truth, a ueftionwhich no kingdom has ever before had occafiou to agitate. T he cafe 0 a freecountry branching itfelf out i n the manner Britain has done, and (encijng to diflant world colonies w hich have there, from [mall beginnings, and under freeIegiflatures of their own , ' increafed, and formed a body of powerful Ilates, likelyfoon to become fuperior to the parent flare T his is a cafe which j, new in rhehitlory o f mankin d i and it is ex tremely improper to judge of it by the rules ofany narrow and p art.al policy; or to confider it on a n y other ground than thegc~ er~ 1 one of reafon and ju flic e, Tho l e who w ill be candid enough to judgeon ',hIs ground, and who can divefl thernfelves of national prejudices, will not ,I fancy , remain long unfatis6ed.. .But alas I Matters ale gone tOO far. The~i{pu te probabJy muf be fettled another way j and the (w ord alone, I am afraid.IS no~ to determine what the rights of B,I/Ili" and Am'r;(~ are.. Shoc~ingfituatJon! -Detefled be the m eafures which have brought us Into It: And, If weare endeavouring to enforce inj uflice, curfed wilJ be the war. ... A retreat,1 1 0 w ever, is not yet impraB icable. T he duty we owe our gracioLis (overeignobliges us to rely on hi. difpolition to 1Iar the fword~ and to promote the hnppi . . .lief. of all the difF errn t part. of the Empire at the head of which he is laced.WJ!h (ome hopes, therefore, that it may not be too late to reafon on this ubjeCl.J will, i n t h e foJlowing Scflion,. c : n q uire what 'he WAl \vith Alllt''~14 is in theIoJlo,vinr refpee

7 I . I n


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I. In re{pea of J ullic e .2. The Principles of the Conft i ta t ion .3. In refpeC t of Policy and Human i ty !4. TheHonour of the K ingdom . .. .And laftly, The Probability o f fu cceed ing in it.

S E C T. I. Of the Jujliee o f th e War with Americ4. ..r HE enquiry, whether the w ar with the Colonies is ajufl war, will bebefl determined by fiatin .g th e power over them, which it is the end ofthe w ar to maintain: And this cannot be better done, than in the words of anaa of parliament, made on purpofe to define it. That atl, it is w ell know n,declares, ee That this kingdom has power, and of right ought to have power toIe m ake law s an d flatutes to bind the Colonies, and people of America, in all" cafes w hatever." . -D readful pow er indeed! I defy anyone to exprefsIlavery in fironger language. 1 t is the {arne with declaring " that we have a.e right to do with them what we pleafe." I will not walle my t ime bj ap-plying to fuch a claim any of the preceding arguments. If my reader does not(eel more in this cafe, than words can exprefs, all reafon in g mull be vain .But, probably , moll perfons w ill be for uling milder language; and for fay . .ing no more than , that the united legillatures of England and Scot land have ofright power to tax the Colonies, and a fupremacy of Iegiflation over Amerila. . . But this comes to the fame. If it means any thing, it m eans, that the pro-pert) ' . and the Iegiflations of th e Co lo nies, are fubjetl: to the abfolure difcretion() f Grea t Britain, and ought of right to be fo. The 'nature of the thing admits() f no lim itation . T he Colonies can never be admitted to b e judges, how far theauthority over them in thefe cafes fhall ex ten d. This would be to dellroy it en-rirelj; If any part of their property is fu l;ljeC t to our difcretion, the wholemuft be fo, If w e have a right to in te rfere at all in their in terna l legifla tions,we have a right to in rerfere as far as we think proper. - - , It is felf-evident,that this leaves them nothing they can call th eir o nun , And what is it thatcan give to any people fuch a fupremacy over an other p eop le 1 Ihave al..ready examined the p rin cip al an fw ers w hich have been given to this enquiry .But it w ill not be amifs in this place to go over fom e of them again.It bas been urged, that fuch a right muft be lodged. Comewhere, " in order to

c, preferve the UNITY of the Britifh Empire . 'Pleas of this fo rt h av e, i n all ages, been ufcd to ju ftify ty ran ny . Theyiave in REL IG ION given rife to n umberlefs oppreflive claims, and flavifh Hier-archies. And in the RD1 1 I i , / h C01ll1Jltll1iolJ particularly, it is weJl known, that thePOP E claim s the title and pow ers of the fupreme head on earth of the Chriflianchurch, in order to preferve its U NIT Y With refpeCt to the Britijh EmjJire,nothing can be more prepoflerous than to endeavour to maintain its unity, byletting up fuch a claim. This is a method of e ftab lilh ing u n i t y ' , which, like the. f i m i J a r method in religion, can p roduce nothing bu t difcord an d m ifchief ... .- -.- -- -The truth is , that a common relation to one fupreme executive head j an exchangeof kind offices; tyes of interefl and atrcfiion, and tDNlpac7/, are fufficient togive the Ilritifh Empire all the u n i t y that is neceffary . But ifnot If, in orderto prcfervc its VI.'i",one half of it D1Ufi be enflaved to the other half, let it, inthe n a m e of G od, w an t Uoity.Much has been {aid of "the Sllpfr iori~v of the Britifh State." But whatr.ives us ou r fuperiority 1 Is it our II 'eal th? ._ 1"his never confers real dignity.On the contrary : It s effect is always to debate, in tox icate. and corrupt. n .I~i t the 111l1l1l't'r 0/ our Ifa!,"? The colonies will foon be equal to us in n~m.ber .. . . ._ J : , it au r KIt01V/ftlJ:t' and J'i,., i l L ' f rJ'hey arc probab1 y tfl,a/~ knOWIng.and


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[ . . . ]land ""rl virtuous. T here are names among them that will not l100p to In,names among the phiJofophers and politicians of this ifland, " B ut \ve are the PARENT STATE." -Thefe are the magic w ords w hich havefafcin ated an d mifled us. - - 'T he Engli fh cam e from Gcrma" . . y . Does that givethe German Hates a right to tax us 1 Children, having no property , and bejngIncapable of guiding themfelves, the Author of nature has committed the care of

them to their paren rs, and Iubjeeted them to their abfol ure authori tv , Bu t thereis a p eriod when, having acquired property , and a capacity of judging for them .., { elves, they become independent agents; and when, fo r this reafon, the autho-rity of their parents ceafes, and becomes nothing but the refpeCt. and influencedue to benefactors, Suppofing, therefore, that the order of nature in eftablifhingy the relation betw een paren ts and children. ought to have been the rule of our,: : conduct to the Colon ies, w e Ihould have been grad uaI1y relax ing our authority as. they grew up. But, like mad parents, w e have done the contrary j and, at ther - - very time when our authority thould have been rnofl relaxed, we have c arrie d. itto the greare l! ex ten t, an d e x erc ife d it wi th the greateft rigou r. N o wonder then.that they have turned upon us; and obliged us to remember, that they are notChiJdren , But we have," it is raid, " proteCted them, an d run deeply in debt on their. "account." sa I The full anfwer to this has been already given, (p3ge J;.) ." ,Will anyone fay, that all w e have done for them has not been m ore on our ownj accoLJu t , (a ) than on tbeirs ? _.._"_But tuppofe the contrary, Have they done no ... thing for us 1 Have they made no cornpenfation fo r the protection they have:~receivcd 1 Have they not helped us to p:~your taxes, to Iupport our poor, and:to bear the burthen of our debts, by taking from us, at our ow n price, all'' 'the commodities with which we can fL lpply rhcm ? Have t h ey not, for our advantage, fubmitted to many rellrain ts i n acquiring proper ty! Mlln they like-'wife refign to us the difpofal of that property :- Has not their exclufive tradewith us been for many years One of the chief Iources of our national w ealth and;.Jlower? I n all our wars have they not fought b y our Iide, and contributed muchf..o our Iuccefs ? 1 n the I a n war , particularly ~ it is well known, that they ra n:1hemfeJves deeply in debt; and that the parliam ent thought it neceflary to grant'-:lhelD confiderable fum s annually as 'cornpenfa t ions fur gp illg beyond their abi iities;in affiCling us. And in this courfe would t h e y have continued fo r m a n y future: ), ea rs ; perhaps. for ever. In fhort j w ere an accurate: accoun t H ated, it is b y' , . 0 means certain which fide would a pear to be mofi indebted. W hen afked asi!ttn,tn, they have hitherto Ieldorn dj covered any reluctance in giving. But, in.~ ~ b ed .ic nc e to a demand , and with the bay onet at their brealts, they w ill give U I:ifH)thJng but blood.:~ It is farther {aid, ,e that the land on w h i c h t h e y fettled was ours." . . B u t howarne i t to be O urs! If failing along a coatl can give a right [0a country, thenight the peop le of Y"pan become, as 100 n as [hey p leafe, the proprietors ofritain, Nothing can be more chimerical than p r o p J . : ! " t y founded on fuch a re a . .

~ n. If the land on which the Colonies firll Ietrled had any proprietors, theyere the natives. The greateil part of it they bought of the n ativ es. They(a ) T his is particularly true of the bountirs gran ted on fome American commodities (as pitch,r, indigo, , ,~ c.) when imported into Britain; fo r i t is well known, that the end of granting them

_ 1 1 . . , to get thofc commodit ies cheaper from tho Colonies , and in return for our rnJnufadures,hich we ufed to ge t from Rllj/ill an d other fonign countries, And this is exprerfed in t h~ p re amb le .til..! laws which grant thcfc bount irc. See t h e ! ,Appeal to the ju(HccJ &c. P " S C 21, third edition.!S , thvreturc, Il range th.i t Dutl lJl T u eKE R und others, thould have infiih:d If, much upon.t:k huuvt ics as t":tvl)urs an d inJnl",,'nlc!' to ihe C olnnics. ,- - - But i t is niH m ore { ltan~ " t, that theme J"~ l 'r l. ! fcntat i( )n fhuuL. l Iuvc bt '~ n made of the ( 'onl} ~nf,.tilln~ y :H ltc :d lh ': '1 \ i~lroing more dur~ th 'l L i l t w.u : in aU i1 ling us than l 'oldJ il.lV\! been r:';~I('JII:thly cxpl':h:t.i; an d d l f o of the (umll ,v a. v v Jl'l'lIt in n l. ,in t. df ling ' l "OUll ' l .lIllong them Ii(il/;'.JI( their cnn et.at; JIlU 111 oppcfition 10 thdrl t h t : ~ . _ ~ . L ' c ! .t IJJlnl)hlct, i n " t J c Q " The rith~:i of C ; t c : a t D l l t . l i u ntr"l l~J i&i~il1ft tht: claim s 0 'r ~\ rn C r ( ," .a . )l n ha,',


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[ I I ]hive l i l l c e clt!&red and cultIvated it; aad, without any help from U I , tonvtrted _wiJdern ef. in to fru itfu l aJld p leafan t fie ld .. It is , therefore, now on a double ac-COHn t their property; and D O power on th can have any rigbt to difturb themin the poffe1lioA o r it, or to take from them. without their confenr, any part of itsproduce. 'But let it be granted that the land w as oars. D id they not fettle upon it underth e faith of charters, which promifed them the enjoyment of all the rightsof Eng'ijDml.; and allowed them to tax themfelves, and to be governed b yleg illatu res of their own, fimilar to ours P T hefe charters were given them b y ana.uthority, which at the time was thought competent; and they have been render-ed faered by an acquiefcence on 'Our part for more than a century. Can itthen be wondered at, that the Colonies fbould revolt, when they found theircharters violated; and an attempt made to force INNOVATIONS upon them by(amine and the (w ord? - =But I lay no llrefs on charters. 'fhey derive their~ights from a higher fource. It is inconfiilent with common fenfe to imagine,,hat an)' people would ever think offettJing in a dillant country, on any fuch con-dition , as that the people from w hom they withdrew, Ihould for ever b e mailers ofthc;ir property, an d have power to fubject: them to any modes of government they'pleafed. And had there been exprefs Jlipularions to this purpole in a U th echarters of th e colonies, they w ould, in my opinion , be no more bound by them,than if it had been Ilipulated with them, that they Jhould go naked, or expofethemfelves to the incurfions of wolves and tigers.The defective nate of th e reprefentation of this kingdom has been fartherpleaded to prove our righ t to ta x ./ll1Jtricu. We Iubruit to a parliament thatdoes not rep refent us, and therefore the_} ought. -How firange an argumentis this 1 It is faying we wan t liberty; an d th erefore, they ought to w ant it. -Suppofe it true, that they are indeed contending for a better contlitution ofgovernment, and more liberty than w e enjoy: Ought this to make us angry?, - . . .. . .. . _ _ . . .W ho is there that does not fee the d a n g e r to which this country i s e x -pored! Is it generous, becaufe w e are in a fink, to endeavour to draw theminto it! Ought we not rather to with earneflly, that there may at leafl be OK E l!J:REE COUt'TRY left upon earth, to which w e may fly, when venality, luxury,and vice have completed the ruin of Liberty here! ,It is, however, by no means true, that d'llcrica has no more ri be to b e ex ..empted from tax ation by the BritiJD parliament, than Britain it elf . . . Here ,all freeholders, and burgefles in boroughs, are reprefentcd. Tbere, not one ~Fretho lder , or any other perfon, is rep refen ted, ' Here, th e /lids granted b ythe reprefenred part of the kingdom mutt be propor tionab ly paid b y thernfelves j .and the laws they make fo r otbrrs, they at the fame time make for thclIlfllvfJ.'rhere, the aids they would grant wou ld not be paid, but re(tivtJ, b y them.felves ; and the laws they made wouJd be made (or fJ lh ers ,n/y. .. In fhort, ,The relation of One country to another coun try, whofe reprefentati ves have thepower of taxing it (and o f app ropriat ing th e money raifed b y the taxes) is much the fame w ith the reJation of a country to a lingle de{pot, or a body of de(pots, within itfelf, invelled with the like pow er. In both cafes, the people ::,jtaxed and rhofe who tax have feparate interetls ; nor can there be any thing t~ch eck opp rcflio n, befides either the abilities of the people tax ed, or the hurna-nity of the taxers, But indeed ] can never hope to convince that perfon of~ny thing, who does not fee an efTcntial difference (n) between the two cafesnow mentioned; or between the circumflanees of individuals, and cJalTes ofmea , making par ts of a community imperfetlJy rep refen ted in the legiilature(. ) It gives me p lc il{ u r. t& find, tJiat the author of the R,,,,.,kJ Oil t b P r inc i pa l. /lE l' of , h , IJt.Pu,/i",.tnt oJG'/~1 Britain, ,f,;c. acknow ledges this diffcrence. . . . It ha l l , however, been at th efa In t lim e mortifying tu me to 'nd (0 ..ble a writer ~doptlng Iuch principles of government , as arecontained in this work, According to hi"., a peoplu have no pruperty or rights, except {utb i . 'their Ci~JiI GfYVI,nt'J arc 1'leJt!J 1 1 U t to take front them. 'f.ales, therefore, he : aflcru, arc in nlJhnfcthe . : : 1 ~ ,much lc{~ in c )f!~lltJ of r h e reol,l~f See p. 58. and 191,

I, o"


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...I

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[ 19 J tnat gavern! it t and the circumR~ntes o r a whole c o r i t m o " r i i" t y , in a dillantworld, not at all reprefented, ,But enough has been {aid b y ochers on this point:4 nor is it poffibJe for me tothrow any new light upon it. To finifh, therefore, what I m ean t to offer underthj , head, I mull beg that the foIlow jng con fid era tio may be particularl,

attended to.T he queftion DOW between us and th e Colonies is, W hether, in refpe& oftaxat ion and internal Jegifiation, they are bound to be fubjetl to the jurifdiaionof this kingdom : Or, in other words , Whether the Britifh parliam ent has ~rhas not of right a power to difpofe of their property , and to model as it pleafestheir governments f To this fuprcmacy over them . we fay, we are entitled; andin order t o ma in ta in it, we have begun the prefent war . - -Let me here en qu ire,rfl. Whether, if we have now chis fupremacy, we Ihall not be equally en-titled to it in any future time! T h e y are now but little IhOTt of hal f ournumber. T o this number they have grow n, from a (m all body of original fettlcrs,by a very rapid increafe, The probability is, that they will go on to increafe sand that, in 50 or 60 year!, they w ill be dou61e our number; (a) and form amighty Empire , confining of a variety of nates, all equal or fu r~ rior to our-{elves in all the arts and accomplifhrnents, w hich give digl1ity and happinefs tohuman life. I n that p eriod, w ill they be f t i II bound to acknow ledge that fupre-macy over them which we now chum? Can there be any perfon who wil laffert this j or whofe mind does not revolt at the idea of a vaft continent , hold-in g all that is v alu ab le to it, at the difcrerion of a handful of people on theother fide the Allantit? ' But if, at that period, this would be unreafonable ;w hat makes it otherwife nDW? D raw the lin e, if you can . . . B ut there is a ftillgreater difficulty.Britain is now , Iwill fuppofe , the feat of Liberty and V irtue : and its Iegif-lature con fitls of a body of able an d in dep en den t men, who govern with wifdomand judice. T he t ime may come when all wil l be reverfed : When its excellentcontliturion of G overnment wilJ he fubverred t When, prefled by debtsand taxes, it will be greedy to draw to itfelf an increafe of revenue from

C ! \ ' e r y d i L 1 a n t Province, in order to eafe its own burdens: W hen the influence o fthe crow n , tlrcngthened by luxury and an un iver fa l p ro fligacy of manners, willhave tainted every heart, broken down every fence of Liberty, and rendered usa n ation of tame and contented vaflals : When a G en eral Ell!liDIt will be nothiDgbut a Genera l Au!liO;J of Boroughs: And when the P~RLIAMENT, th e GrandCouncil of th e nation, and once the faith ful guardian of the 1 late, and a terrorto evil rniniflers, will be degenerated in to a body of SYllJl'balllJ, dependent andvena], always ready to confirm 011 ) ' meafures; and lit t le more chan' a publiccourt for regiR ering royal edicts. Such , it is po llib le , may, fome t ime or other,he the Hate of Grea: Brit ain, -Wha t will, at that period, be the dut of theColonies 1 W ill they be ftill bound to unconditional fubmiflioia? uft theyalways continue an appendage to our government; and follow it implicitlythrough every change that can happen to it I ..Wretched condition , jndeed, ofm illions of freemen as good 8S ourfelves !.Wil l you fay that 'w e now lovernequitably; and that there is no danger of any fuch revo lu rien 1 Would , to Godthis w ere true !- But will y ou hot always fay the fame 1 W ho fhalJ j t ld~c wht.ther WI:' govern equitably or not l Can you give the Colonies any linwjl,} thacfuch a period w ill never come! Once more.If we have indeed that power which we claim over the Jegidations, and in.ternal , jght of the Colonies, rnay we not , whenever we p lea{ e. fubjeft them

,~..~ ')~e Ob( ! ! r \ ' ~ t iQn : on R e v r n r f i l l n a f Y P a y m e n t s , pile ~C7 , & c c .!~


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[ 20 ]to the arbitrary pow er .of the crown? I do not mean, that this would be ad ifa dv an ta geou s change: For ( have before obferved, that if a p eop le are to b e{ubjea to an external power over which they have no command, it i s better thai:power fhould be lodged in the hands of one man than of a multitude. Butmany perfons think otherwife; and fuch ought to confider that, jf this wouldbe a calamity, the condition of the Colonies mull be deplorable. " " '- \ govern-. , m en t by King, Lords, and Commons , (i t has been faid) is the perfection of go-. , vernm ent j" and fo it is, when the Commons are a juft reprefentation of thepeople; and when a1(0 , it is not extended to any dillant people, or communities,not reprefented. But if this is the b e j J , a government by a king only mutt bethe 'Worj1; and every claim implying a right to eflablifh fuch a governmentamong any people mufl be unjuft and cruel. It is felf-evident, that by claim-ing a right to alter the conflitutions of the Colonies, according to our d ifc retio n,w e claim this pow er: And it is a pow er that w e have thought ~ t to exercife in oneof our Colonies; and that we have attempted to exercite in another. Calzada.according to the late extenfion of its Iimirs, i s a country alrnoti as large as halfEurope; and it may p o f f i b J y come in time to be filled with Brilij/; fubjeCls.The ~/ebec all: makes the king of Great Britain a defpot over all that c(Juntry . , -In the Province of MtrIfoChtt/e tl's Bay the fam e thing has been attempted andbegun.The afi for BETTER regulat ing their goverllmcnt, pafled at the fam e tim e withthe ~t"ec aC t, gives the king the right of appointing, and removing at hispleafure, the members of one part of the legiflatllre; alters the mode of chuf-jog juries, on purpofe to bring it more under the influence of the king; andtakes away from the province the power of caliing any meetings of the peop lew ithout the king's confent , (a) ... L Q 1 ~ h ejudges, 1 ikew ife, have been made de.pendent on the king, for their nomination and pay, an d con tin uan ce in office, If all this is no more than we have a right to do; may we not go on to abolifhthe houfe of reprefentatives, to dellroy all trials b y juries, and to gi ve up thep rovince abfolutely and totally to the wiil of the king? - May we not eveneflablifh popery in the province, as has been lately done in Canada, leaving th efupport of proteflanrifrn to the king's difcretion ? Can there be any EngJifh-man who, were it his ow n cafe, w ould not Cooner lofe his heart's blood thanyield to claim s fa pregnan t with evils, and detlructive to every thing that candiflinguifh a Freeman from a Slarue ?I will take this opportunity to add, that what I have now raid, fuggeas aconfideration that dernonflrates, on how difFerent a footing the Colonies are withre{pet l to our government , from particular bodies of men noitbi the kin gdom ,who happen not to be reprefenred. Here, it is irnpoflible that the rcprefentedpart Ihould fubject the unreprefented part to arbitrary power, without jn(lut~ingthemfelves. Bu t in the Colonies it is not im poflible, \V 'e know that it has beendone.tSEC T. II. IP be th er th e "Far 1 . e , i t b America is J 'uflified by thePrinciples of tbe Confli tution,

Have propofed, in the next place, to examine the war with the Colonies bythe princi ples of the conll it ut ion . r k now, [hat it is common to fay thatw e are now mainminina the conllitution in All/erica, If this means that we areendeavouring to ellabliih our ow n conllitution of government there; i t is b y nomeans true; 110r , were it true, w ould it be rig ht. They have chartered govern-mcnts of their ow n, with which they are pleated ; and which, if any row er onearth may change w irhout thei r con fell t, that po\ver m a y likewi fe , i(t t h i n ksf,rnper, deliver them over ro the (;rnnd S / 1 1 : ~ l 1 io r . Suppofe the Colonies ofFrance and Spain had, by compatl:s, enjoyed for ncar a century and a half, free..

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[ 21 ]~overnments open ~to an the w orld, and under which they had grown and B o a . ;rifhed , what fhould w e think of thofe kingdoms, were they to attempt to de-firoy their governmen ts, and to force upon them their ow n mode of govern-ment? Should w e not app laud any zeal they difcovered in repelling fuch aninjury i Bot the truth is , in the prefenr inflance, that w e arc not maintain-ing but violating our 0\\'11 contlitution in A'llcrica. T he eflenee of our confti-tution con f i fis in its independency. T here is in this cafe no d iffe rence between/ubjeaiD1t an d annibilatio, Did, therefore, the Colonies poflefs governmentsperfeCtly the [arne with ours, the attempt to fuhjefl them to ours would be anattempt to ruin them. A free government lofes its nature from the moment itbecomes liable to be commanded or altered by any fuperior power But I in ten ded here principally to make the fo llow in g o bfe rv atio n,'The fundamental principle of our governDlent is, " The right of a people toI.e gi\ 'e and grant their ow n money," It is of no confequenee, in this cafe,whether w e enjoy this right in a proper manner or not. Molt certain ly w e donot. It is , how ever, the principle on which our government , as a fre govern-ment , is founded. T he Jpirit of th e conflitution gives it us : and, howeverirnperf, aly enjoyed, w e glory in it as our I i r H and greatetl bleffing. It w as anattempt to encroach upon this right, in a trifling inflance, that p roduced thecivil war in the reign of Charles the Firf]. Ought not our brethren in Amerj,ato en joy this right as w ell as ourfelves f D o the principles of the con flitu tiongive it us, but deny it to them r O r can we, with any decency , p retend thatwhen we give to th e king their money, \ve give him our O'7J:n? (0 ) Whatdifference does it rn a ke, that in the tim e of Charles th e Firjl the attem pt to takeaway t h i s right w as made by one man: bu t that, in the cafe of Al1Itrilll, it ismade b y a body of men? '

J n a word, T h is is a war undertaken not only againf1: the p rin ci ples of ourow n confl i t u r i o n ; but on purpofe to dellroy other fimiJar conftitutions in .Am~-rica; and to fubflitute in their room a military force. See page J o Z . -Itis, therefore, a grofs and flag ran t violation of the conftitution,

SEC T. III. Of J h e Po licy of the IKar with America . ..N writing the p refen t Setiion, I have entered up .on a fubjefl of the Jail im -portar.ct' , on which much has been (aid by other writers with great force, an din the ablell manner (b). But I am not wjHing to om it any topic which Ihinkof great conlequence, m erely bccaufc i t has already been difcuifcd: And, w ithre(pcct to this in particular, it will, J believe, be found that fom e of [he ob{er~various on which 1fhall inuit , have not been {uffic~ n tly attended eo, The objetl of this war has been often en ough declared to be " maintaining the' c fuprernacy of this country over the colonies," I have already enquired howfa r rcalon and jullice, the principles of L iberty , and the rights of humanity, en . .tit Ie u s to t h i s [upremacy. S ettin g aJide, therefore, now aJl confiderations ofthis kind, I would obferve, that this fuprcmacy is to be maintained, elrheemerely fir its Dcwnfake, or for the fake of lom e public intereft conneC ted w ith it

ea ) The author of Taxat iDn n Tyra""y will undoubtedly atrert thi, with nu t h elitati., "; for illIlal~e 69 he compares our prefcnt fitution with refpetl to the Colonies to that of the anticnt l J ' e y , .,I.,;" 'IS, who, upon returning from" war !fJU"J tbt",!tl1JtI /}Ju t out o f th eir own JIo L = S EI " J tIJe;,S r .. 1\ V f' S '.( / J ) Sve part icularly, a Speech intended to have been {poktn en the bill fo r altering th e Chartere l f the Coluny of Matnlchu1t~t 's Hity; the ":rJl!fi",'ralion. on tb .WrIlJ~rtJ ('o,.r)';,,! Dj " ! 'W;th, , _ f p t t l (I) tb n,.itijL C(dfJni,"; the T'1ua Appra lJ t~ ,bl Juj1iclf lind 1 1 1 1 1 ' ' ' 1 IJ ~f tb e Pln"ll; nndtbl' . I : lrr/ 1;r }:XI,,,,i,liJlicII (jufi puLlinu."~) If "ur pr1rnt .dm,,,UJ" /rita/uris, by tJu: AUlhur of theCUllfidLl';Hi~)s, t ' < c : .

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[ 21 1and 'dependene Up~ft it. Y ffit' it' ,,",II foAt; tb~ only obje4 of the w ar" ,. theextenfioD of dem inion ; and ie , only motive is the luft o r power.. - All 10 . .vernment , even 6UJ;tbi. a Ji-Itr, becomes tyrannical, at far as it i.a needlefs andw anton ex ercife of power; or is carried farther than is abfolutely ne~ e1 fa ry t oreferve the peace and to fecure the fafety of the 1 l. te . T his is w hat an excel.ent writer call, GOVERNING TOO hltTCH ; and its efF eft m ufl always be, weaken.ing g ov ernmen t by rendering it con temptib le and odious. - N orhing can be ofmore impor tance , in governing diftant provinces and adjutiing the clafbing in -terefts o f d ifferen t Ioeieries, than atten tion to thie remark. In there circumflancesit is larlicu/ar/y neceflary to make a (paring ufe of power , in order to preferveower. . Happy would it have been for Greal Erit,,;n, bad this been remem ..ered hy thole who have lately conducted it s affairs, But our policy- ha s been ofanother kind. At the period when our authority Ihould have been mofi conceal.

ed, jt has been brought moil: in view; and, by a progreffion of violent meafures,everyone of w hich has increafed dill-refs, we hav e gi"en [he world reafon to con--e lude , that we are acquain ted with no other method of governing than ~Y flret . What a fhocking m ifiake i lfour objeCl is power , we Ihould have known betterhow to ufe it; and our rulers Ihould have confidered, that freemen will alwaysrevolt at the fight of a naked {word; and that the com plicated affairs of a greatkingdom, holding in fubord inat ion to it a multitude of c itla nt communities, alljealous of their Tights , and warmed with Ipirirs as high as our ow n, require notonly the m(!11 Ikilfu I, bu t the moll cautious an d render man agernen r. T he con ...fequences of a different management we are now feeling. \Ve fee ourfelves dri-ven among rocks, and in danger of being loll

..There are the following reafons w hich {cern to make it too probable, that theprefent c : : o n t e f t with Al1Jtrita is a conren for power only (a), abilracted from allthe advantages connected with it fI. There is a, love of PO" er inherent in human nature; and it cannothe uncharitable to fuppofe that the nation in general, and the cabinet inparticular, art : too likely to be influenced by it . What can be morc flatteringthan to look acrofs the Allantif. and to fee in the boundlefs continent of America,increafing M J L LION S w hom we have a right to order as we pleafe, w ho hold theirproperty at our dilpofal, and who have no other law than our will? With whatcomplacency have we been ufed to talk of them as OUR fubjefts 1 . - Is it notthe in terruprion they no w give to this pleaf ure ] Is it not the opp ofi tion theymake to our pride; and not any i" jury they have done us, that is the Iecret{p ring of our prefent animoGty againft them 1 I with an in this kingdomwould examine themfelves carefully on this point . Perhaps, they might find, thatthey have not known what f irit they are of. Perhap s, they would become fen-fible, that it was a { pi.it of omination, more than a regard to the true interefl ofthis country, that lately led C o many of them, w ith fuch favage foJJy, to addrefsthe throne for t he flaugh tfr of their brethren in A'nlr;(Il, if they will not fubmit tothem j and to make offers of their lives and fortunes for that purpofe, In .cited , - I am p erfuaded, chat, were pride and the luLl of dominion exterminatedfrom every heart amon us, and th e h umility of ehridians in fufed in th~ jr room ,this 'IuarreJ would be oon ended. - - ' 2tily. Another reafon for believing that this is a conteft fnr power only is, tha~

eur minillcrs have frequently declared, that their objeEt is not to draw a revenue'{rom AllUrica; and that m a n y of rhofe w ho are warmeft for ~ o~ ~ inuiD I ' it, rep~c(ene the 4m eri aII Ira", as of no great cenfeqeeaee, ' -(.) I have btard h (aid b y perron in one of di. firft- departments of th e Rate. that the pretcntG ontctl is for DOM INION on the fide of the Colonies, al well ilS 0D olin: Abel (0 it hi indeed J Itutw ith thu cffcntial difference. W, arc ftrulllin S for dom inioQ over OT HE la . 'Th'1 Irc aruSsllnlfor S IL Idomin ion : rrhc noblca of aU blcllinil '9 lui J


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[ 2 3 ], B ut wha t d efe rl'e s particular confider.bon here ii, that this is a cOftteR (romwhich DO advantages can poftibly be derived, .Net a revenue: For the pro-vinces of Am erica, w hen de(o)aled, will afford no revenue ; or jf they fhould ..~ the expence of fubduing them and keeping them in fubjeelion will much exceed! that reven ue, - Not any of the ad vantages of trade: For it is a folly, next to

~ infaniry , to think trade can be promoted by Impoverifhing our cuftomers, andfixing in their minds an everlafting abhorrence of us. It remains, therefore, chatthis war can have no other object than the extenfion of power . - MiferabJe re-fleC tion! . 'f o fheath our {words in the bowels of our brethren , and fpreadmiferyand ruin an long a happy people , fur no other end than to oblige them toncknowledge our fupremacy, How horrid! This is the curfed ambition that leda Crrfor and an .Alexander , and many other mad conquerors, to attack peacefulcommunities, and to la y wafle the earth.But a worfe principle than even this, influences fome among us. Pride and tholove of dominion are p rin ciples hateful enough; but blind refentment and thedefire of revenge are in fern al p rin cip les: And there, I am afraid, have no fmallIhare at prefent in guiuing our public conduct. One cannot help indeedbeing aflonifhed at the virulence, with which {orne {peak on the prefent occafiona~ ainft the Colonies. For , what have they done? Have they crofled theocean and invaded us 1 Have they attempted to take from us the fruits of ourlabour, and to overturn that form of government which we hold fo Iacred 1 .This cannot be pretended. On the contrary. This is w hat we have done tothem . . . - We have tranfported ourfelves to their peaceful retreats, and emp l o y edour fleets and arm ies to flop up their ports, to deft roy their commerce, to feizetheir elre8.s, an d to burn their tow ns. W ould we but let them alone, and fofFerthem to enjoy in fecurity their property and governments, inftead of diilurbiflgus, they would thank and blefs us. And yet it is WE who im agin e ourfelvea ill-ufed, T he truth is, we expected to find them a cow ardly rabble w ho wouldlie quietly at our feet; and they have difappointed us. They have rifen in theirOwn defence, and rep elled force b y force. They deny the plenitude of our powerover them; and inu{l upon being treated as free communities. - - It is THISthat has provoked QS; and kindled cur governors into rage.I hope Ihall not here be underftood to int imate , that ell who promote thiswar are at'l:uated by th~r~ principles. Some, I doubt not, are in fluenced by noother principle, chan a regard to what they think the juft authority of this coun-~ ry over its colonies, a~ 4 to the unity and indivifibiliry of the Britiih Empire. Iwifh fuch could be engaged 10 enter thoroughly into the enquiry, which hal beenthe fubjeCl of the firftpart of this pamphlet; and to con fid er, p articu larly , ho\Vdifferen t a thing Inaintainirrg the authnrity of government 'Within a date is froinm aintain ing the authori l y of one pc~p '~ over another, alread y happy in the ea.joyrnent of a government of their own, I wifh farther they w ould confider, thatthe defire of maintaining authority is wa rrant ab le , only as far as it is th e m eansof p romo tin g fome end, and doing fome ~Qod; and that, before w e refolve toIpread famine and fire through a country ~ n order to make it acknowledge ourauthority, we ought to be Affured that great advantages will arire not only toourfelves, bu t co the country we wifh to conq uer ~. .. " ' ! .. . , That from the prefentcontefl no advantage to ourfelves can arife, has been already Ihewn, and willprefently be fhewn more at large. Tha t no adv~ntlge to the Colonies can .rifefrom it, need not, I hope, be Ihewn, It has however been aiTerted, that even , h , ; , .good is intended by thie war. Many ofu, are perfqaded, that the, w ill be machhappier under our government, thin under any governme\lt of their awn; .and thattheir liberties w ill be fafer w hen held for them by us, than w h e D trufted in their ~ " n .hands. -H ow kind is it thus to take upon us the trouble of judging (or them whatis moft for their happinefs P Nothin can be kinder except the refclurion w e!lave formed co excerlll~nate ~he~ , if t ey will noc (ulmit to OU ~ jua,~~nt. , 4 . , Whlc

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