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acts so much and so justly complained of, I shall not hesitate to acknowledge; and that this difference in opinion may probably proceed from the different constructions we put upon the conduct and intention of the ministry may also be true; but, as I see nothing, on the one hand, to induce a belief that the Parliament would embrace a favorable opportunity of repealing acts, which they go on with great rapidity to pass, and in order to enforce their tyrannical system; and, on the other, I observe, or think I observe, that government is pursuing a regular plan at the expense of law and justice to overthrow our constitutional rights and liberties, how can I expect any redress from a measure, which has been ineffectually tried already? For, Sir, what is it we are contending against? Is it against paying the duty of three pence per pound on tea because burthensome? No, it is the right only, we have all along disputed, and to this end we have already petitioned his Majesty in as humble and dutiful manner as subjects could do. Nay, more, we applied to the House of Lords and House of Commons in their different legislative capacities, setting forth, that, as Englishmen, we could not be deprived of this essential and valuable part of a constitution. If, then, as the fact really is, it is against the right of taxation that we now do, and, (as I before said,) all along have contended,

sions, not approving all the resolutions, absented himself from this meeting, and wrote a long letter to the chairman, stating his views and objections, with the request that it should be publicly read.-Sparks.

why should they suppose an exertion of this power would be less obnoxious now than formerly? And what reasons have we to believe, that they would make a second attempt, while the same sentiments filled the breast of every American, if they did not intend to enforce it if possible? 1

1 Mr. Fairfax had written:-"I come now to consider a resolve, which ought to be the most objected to, as tending more to widen the breach, and prevent a reconciliation than any other. I mean that, wherein the authority of Parliament is almost in every instance denied. Something similar to this, though more imprudent, is the most exceptionable part of the conduct of some in New England. It has been asserted in the House of Commons, that America has been gradually encroaching; that, as they have given up points, we have insisted on more. The fact is true, as to encroachment, but the reason assigned is wrong. It is not because they have given up points, but because they have not given them up, that we out of resentment demand more than we at first thought of. But however natural it is for people incensed to increase their claims, and whatever our anger may induce us to say, in calm deliberations we should not insist on any thing unreasonable. We have all along submitted to the authority of Parliament. From the first settlement of the colonies I believe there never was an act of Parliament disputed, till the famous Stamp Act. It is a maxim in law, that all the acts made since the settlement of the colonies do not extend here, unless the colonies are particularly named; therefore all acts wherein they are included do extend here.

"When the Stamp Act was repealed, it was said, and I did not hear it contradicted, that the Americans objected to internal taxes, but not to external duties. When the duty on tea was laid, as an external duty, we objected to it, and with some reason, because it was not for the regulation of trade, but for the express purpose of raising a revenue. This was deemed a small encroachment on our first demands. Some now object to the authority, which has established and regulated the postoffice, a very useful regulation. Others deny their authority in regard to our internal affairs. If we go on at this rate, it is impossible, that the troubles of America should ever have an end. Whatever we may wish to be the case, it becomes good

The conduct of the Boston people could not justify the rigor of their measures, unless there had been a requisition of payment and refusal of it; nor did that measure require an act to deprive the government of Massachusetts Bay of their charter, or to exempt offenders from trial in the place where offences were committed, as there was not, nor could not be, a single instance produced to manifest the necessity of it. Are not all these things self-evident proofs of a fixed and uniform plan to tax us? If we want further proofs, do not all the debates in the House of Commons serve to confirm this? And has not General Gage's conduct since his arrival, (in stopping the address of his Council, and publishing a proclamation more becoming a Turkish bashaw, than an English governor, declaring it treason to associate in any manner by which the commerce of Great Britain is to be affected,) exhibited an unexampled testimony of the most despotic system of tyranny, that ever was practised in a free government? In short, what further proofs are wanted to satisfy one of the designs of the ministry, than their own acts, which are uniform

subjects to submit to the constitution of their country. Whenever a political establishment has been settled, it ought to be considered what that is, and not what it ought to be. To fix a contrary principle is to lay the foundation of continual broils and revolutions.

"The Parliament from prescription have a right to make laws binding on the colonies, except those imposing taxes. From prescription the Americans are exempt from taxation. Let us stand upon good ground in our opposition, otherwise many upon reflection may desert the cause. Therefore I hope some alteration will be made in the second resolve, or that nothing under this head will be mentioned."-Sparks.

and plainly tending to the same point, nay, if I mistake not, avowedly to fix the right of taxation? What hope then from petitioning, when they tell us, that now or never is the time to fix the matter? Shall we, after this, whine and cry for relief, when we have already tried it in vain? Or shall we supinely sit and see one province after another fall a prey to despotism? If I was in any doubt, as to the right which the Parliament of Great Britain had to tax us without our consent, I should most heartily coincide with you in opinion, that to petition, and petition only, is the proper method to apply for relief; because we should then be asking a favor, and not claiming a right, which, by the law of nature and our constitution, we are, in my opinion, indubitably entitled to. I should even think it criminal to go further than this, under such an idea; but none such I have. I think the Parliament of Great Britain hath no more right to put their hands into my pocket, without my consent, than I have to put my hands into yours for money; and this being already urged to them in a firm, but decent manner, by all the colonies, what reason is there to expect any thing from their justice?

As to the resolution for addressing the throne, I own to you, Sir, I think the whole might as well have been expunged. I expect nothing from the measure, nor should my voice have accompanied it, if the non-importation scheme was intended to be retarded by it;1 for I am convinced, as much as I

1 Among the Alexandria resolves, which were the subject of Mr. Fairfax's letter, there was one for petitioning the King.

am of my existence, that there is no relief but in their distress; and I think, at least I hope, that there is public virtue enough left among us to deny ourselves every thing but the bare necessaries of life to accomplish this end. This we have a right to do, and no power upon earth can compel us to do otherwise, till they have first reduced us to the most abject state of slavery that ever was designed for mankind. The stopping our exports would, no doubt, be a shorter cut than the other to effect this purpose; but if we owe money to Great Britain, nothing but the last necessity can justify the nonpayment of it; and, therefore, I have great doubts upon this head, and wish to see the other method first tried, which is legal and will facilitate these payments.

I cannot conclude without expressing some con

In relation to this, he wrote:-"I hope it will be recommended, that, if a petition should be agreed upon, and sent home by the general Congress, no conditional resolution, which may be formed at the time, should be published until it is known, that the petition has had no effect. For we should otherwise destroy the very intention of it. To petition and to threaten at the same time seem to be inconsistent. It might be of service with the ministry, if they have evil designs, to know the dispositions of the people here. I am sure that sufficiently appears from what has already been published. And if that appears, no threatenings ought to accompany the petition. It ought to be as modest as possible, without descending to meanness. There is one expression, then, in one of our resolves, which I much object to; that is, a hint to the King, that, if his Majesty will not comply, there lies but one appeal. This ought surely to be erased. There are two methods proposed to effect a repeal; the one by petition, the other by compulsion. They ought then to be kept separate and distinct, and we shall find few for joining them together, who are not rather against the former."-Sparks.

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