« 前へ次へ »
of government. Other consent than this, the they do not forfeit by any judicial sentence, they condition of civil life does not allow. It is the may lose by natural effects. As man can be bat unmeaning clamour of the pedants of policy, in one place at once, he cannot bave the advanthe delirious dream of republican fanaticism. tages of multiplied residence. He that will
But hear, ye sons and daughters of liberty, enjoy the brightness of sunshine, must quit tho the sounds which the winds are wafting from the coolness of the shade. He who goes voluntarily Western Continent. The Americans are telling to America, cannot complain of losing what he one another, what, if we may judge from their leaves in Europe. He perhaps had a right to noisy triumph, they have but lately discovered, vote for a knight or burgess ; by crossing the and what yet is a very important truth, “ 'That Atlantic, he has not nullified his right; but he they are entitled to life, liberty, and property, has made its exertion no longer possible. By and that they have never ceded to any sovereign his own choice he has left a country where he power whatever a right to dispose of either with had a vote and little property, for another where out their consent.”
he has great property, but no vote. But as this While this resolution stands alone, the Ame- preference was deliberate and unconstrained, he ricans are free from singularity of opinion ; their is still concerned in the government of himself ; wit has not yet betrayed them to heresy. While he has reduced himself from a voter to one of they speak as the naked sons of nature, they the innumerable multitude that have no vote. claim but what is claimed by other men, and He has truly ceded his right, but he still is gnhave withheld nothing but what all withhold. verned by his own consent; because he has conThey are here upon firm ground, behind en-sented to throw bis atom of interest into the getrenchments which never can be forced.
neral mass of the community. Of the conseHumanity is very uniform. The Americans quences of his own act he has no cause to comhave this resemblance to Europeans, that they plain ; he has chosen, or intended to choose, the do not always know when they are well. They greater good; he is represented, as himself desoon quit the fortress that could neither have sired, in the general representation. been mined by sophistry, nor battered by de- But the privileges of an American scorn the clamation. Their next resolution declares, that limits of place; they are part of himself, and “ Their ancestors, who first settled the colonies, cannot be lost by departure from his country; were, at the time of their emigration from the they float in the air, or glide under the ocean. Mother-country, entitled to all the rights, liber
DORIS amara suam non intermiscoat undam, ties, and immunities of free and natural-born subjects within the realm of England.”
A planter, wherever he settles, is not only a This likewise is true; but when this is grant- freeman, but a legislator, ubi imperator, ibi ed, their boast of original rights is at an end ; Romn. “ As the English colonists are not rethey are no longer in a state of nature. These presented in the British parliament, they are Lords of themselves, these kings of me, these entitled to a free and exclusive power of legisdemi-gods of independence, sink down to colo- lation in their several legislatures, in all cases of nists, governed by a charter. If their ancestors taxation and internal polity, subject only to the were subjects, they acknowledged a sovereign; negative of the sovereign, in such manner as bas if they had a right to English privileges, they been heretofore used and accustomed. We were accountable to English laws, and what cheerfully consent to the operation of such acts must grieve the lover of liberty to discover, had of the British parliament as are bona fide re. ceded to the king and parliament, whether the strained to the regulation of our external comright or not, at least the power of disposing with-merce_excluding every idea of taxation, inout their consent, of their lives, liberlies, and pro- ternal or external, for raising a revenue on the perties. It therefore is required of them to subjects of America without their consent." prove, that the parliament never ceded to them
Their reason for this claim is, " That the a dispensation from that obedience, which they foundation of English liberty, and of all governowe as natural-born subjects, or any degree of ment, is a right in the people to participate in 'independence or immunity not enjoyed by other their legislative council." Englishmen.
“ They inherit,” they say, " from their ancesThey say, That by such emigration they by no tors, the right which their ancestors possessed, means forfeited, surrendered, or lost any of of enjoying all the privileges of Englishmen." those rights; but that they were, and their de-That they inherit the right of their ancestors, is scendants now are, entitled to the erercise and allowed; but they can inherit no more. Their enjoyment of all such of them as their local and ancestors left a country where the represenother circumstances enable them to exercise and tatives of the people were elected by men .parenjoy.
That they who form a settlement by a lawful charter, having committed no crime, forfeit no
# Of this reasoning, I owe part to a conversation with privileges, will be readily confessed: but what
Sir John Hawkins.
Hlcularly qualified, and where those who wanted must modify its particular regulations by the galitications, or who did not use them, were general law, and whatever may be its internal bound by the decisions of men, whom they had expenses, is still liable to taxes laid by superior bot deputed.
authority. The colonists are the descendants of men, The charters given to different provinces are to either bad no vote in elections, or who different, and no general right can be extracted buluntarily resigned them for something, in from them. The charter of Pennsylvania, where their opinion, of more estimation; they have this congress of anarchy has been impudently therefore exactly what their ancestors left them, held, contains a clause admitting in express not a vote in making laws, or in constituting terms taxation by the parliament. If in the legislators, but the happiness of being protected other charters no such reserve is made, it must by law, and the duty of obeying it.
have been omitted as not necessary, because it What their ancestors did not carry with them, is implied in the nature of subordinate governneither they nor their descendants have since ment. They who are subject to laws, are liable acquired. They have not by abandoning their
If any such, immunity had been part in one legislature, ohtained the power of granted, it is still revocable by the legislature, constituting another, exclusive and independent, and ought to be revoked, as contrary to the pube any more than the multitudes, who are now de- lie good, which is in every charter ultimately barred from voting, have a right to erect a se- intended. parate parliament for themselves.
Suppose it true that any such exemption is Men are wrong for want of sense, but they contained in the charter of Maryland, it can be are wrong by halves for want of spirit. Since pleaded only by the Marylanders. It is of de the Americans have discovered that they can use for any other province; and, with regard make a parliament, whence comes it that they even to them, must have been considered as ofie do not think themselves equally empowered to of the grants in which the king has been de make a king ? If they are subjects, whose ceived, and annulled as mischievous to the pubgovernment is constituted by a charter, they blic, by sacrificing to one little settlement the can form no body of independent legislature. general interest of the empire; as infringing the If their rights are inberent and underived, they system of dominion, and violating the compact may by their own suffrages encircle with a dia- of
government. But Dr. Tucker has shown, dem the brows of Mr. Cushing.
that even this charter promises no exemption It is farther declared by the Congress of Phi- from parliamentary taxes. ladelphia, “ That his Majesty's colonies are en- In the controversy agitated about the begintitled to all the privileges and immunities grant- ning of this century, whether the English laws ed and confirmed to them by royal charters, or could bind Ireland, Davenant, who defended secured to them by their several codes of pro- against Molyneux the claims of England, convincial laws.”
sidered it as necessary to prove nothing more, The first clause of this resolution is easily un- than that the present Irish must be deemed a derstood, and will be readily admitted. To all colony. the privileges which a charter can convey, they The necessary connection of representatives are by a royal charter evidently entitled. The with taxes, seems to have sunk deep into many second clause is of greater difficulty: for how of those minds, that admit sounds without their can a provincial law secure privileges or immu- meaning. nities to a province ? Provincial laws may
Our nation is represented in parliament by grant to certain individuals of the province the an assembly as numerous as can well consist enjoyment of gainful, or an immunity from with order and despatch, chosen by persons so onerous, offices; they may operate upon the differently qualified in different places, that the people to whom they relate; but no province mode of choice seems to be, for the most part, can confer provincial privileges on itself. They formed by chauce, and settled by custom. Or may have a right to all which the king has individuals, far the greater part have no vote, given them; but it is a conceit of the other and of the voters, few have any personal knowhemisphere, that men have a right to all which ledge of him to whom they intrust their liberty they have given to themselves.
and fortune. A corporation is considered in law as an Yet this representation has the whole effett individual, and can no more extend its own expected or desired; that of spreading so wie immunities, than a man can by his own choice the care of general interest, and the partici Assume dignities or titles.
pation of public counsels, that the advantage The legislature of a colony (lei not the com- or corruption of particular men can seldou parison be too much disdained) is only the ves- operate with much injury to the public. try of a larger parish, which may lay a cess on For this reason many populous and opulent the inhabitants, and enforce the payment; but towns neither enjoy nor desire particular repremu extend no infiuence beyond its own district, sentatives; they are included in the general
cheme of public administration, and cannot liament, something would be granted, though differ but with the rest of the empire.
nothing is withdrawn. It is urged that the Americans have not the The inhabitants of Chester, Durham, and me security, and that a British legislator may Wales, were invited to exchange their peculiar wanton with their property; yet if it be true, institutions for the power of voting, which they that their wealth is our wealth, and that their wanted before. The Americans have voluntaruin will be our ruin, the parliament has the rily resigned the power of voting, to live in dissame interest in attending to them, as to any tant and separate governments, and what they other part of the nation. The reason why we have voluntarily quitted, they have no right to place any confidence in our representatives is, claim. that they must share in the good or evil which It must always be remembered, that they are their counsels shall produce. Their share is, in- represented by the same virtual representation deed, commonly consequential and remote ; but as the greater part of Englishmen; and that if it is not often possible that any immediate ad by change of place they have less share in the
vantage can be extended to such numbers as may legislature than is proportionate to their opu1*** prevail against it.
We are therefore as secure lence, they by their removal gained that opuagainst intentional depravations of government, lence, and had originally, and have now, their as human wisdom can make us, and upon this choice of a vote at home, or riches at a dissecurity the Americans may venture to repose. tance.
It is said by the Old Member who has writ- We are told, what appears to the Old Mem. ten an Appeal against the tax, that “ as the pro- ber and to others a position that must drive us duce of American labour is spent in British into inextricable absurdity, that we have either manufactures, the balance of trade is greatly no right, or the sole right, of taxing the Colonies. against them; whatever you take directly in The meaning is, that it we can tax them, they taxes, is in effect taken from your own com- cannot tax themselves; and that if they can tax
If the minister seizes the money with themselves, we cannot tax them. We answer, which the American should pay his debts and with very little hesitation, that for the general come to market, the merchant cannot expect him use of the empire we have the sole right of taxas a customer, nor can the debts already contracting them. If they have contributed any thing ed be paid. --Suppose we obtain from America a in their own assemblies, what they contributed million, instead of one hundred thousand pounds, was not paid, but given; it was not a tax or triit would be supplying one personal exigence by bute, but a present. Yet they have the natural the future ruin of our commerce.'
and legal power of levying money on themselves Part of this is true; but the Old Member for provincial purposes, of providing for their seems not to perceive, that if his brethren of own expense, at their own discretion. Let not the legislature know this as well as himself, the this be thought new or strange; it is the state of Americans are in no danger of oppression, since every parish in the kingdom. by men commonly provident they must be so The friends of the Americans are of different taxed, as that we may not lose one way what opinions. Some think that being unrepresented, we gain another.
they ought to tax themselves ; and others, that The same Old Member has discovered that they ought to have representatives in the British the judges formerly thought it illegal to tax Ire- parliament. land, and declares, that no cases can be more If they are to tax themselves, what power is alike than those of Ireland and America ; yet to remain in the supreme legislature? That the judges whom he quotes have mentioned a they must settle their own mode of levying their difference. Ireland, they say, hath a parliament money, is supposed. May the British parliaof its own. When any Colony has an indepen. ment tell them how much they shall contribute ? dent parliament acknowledged by the parliament If the sum may be prescribed, they will return of Britain, the cases will differ less. Yet by the few thanks for the power of raising it; if they 6 Geo. I. chap. 5, the acts of the British parlia- are at liberty to grant or to deny, they are no ment bind Ireland.
longer subjects. It is urged, that when Wales, Durham, and If they are to be represented, what number Chester, were divested of their particular privi- of these westeru orators are to be admitted ? diges, or ancient government, and reduced to This, I suppose, the parliament must settle ; yet the state of English counties, they bad repre- | if men have a natural and unalienable right to sentatives assigned them.
be represented, who shall determine the number To those from whom something had been of their delegates ? Let us however suppose taken, something in return might properly be them to send twenty-three, half as many as the given. To the Americans their charters are kingdom of Scotland, what will this representaleft as they were, nor have they lost any thing tion avail them? To pay taxes, will be still a except that of which their sedition bas deprived grievance. The love of money will not be les them. If they were to be represented in par- seped, nor the power of getting it increased.
Whither will this necessity of representation selves ready to maintain by force. They bare drive us? Is every petty settlement to be out armed the militia of their provinces, and seizei of the reach of government, till it has sent a the public stores of ammunition. They are senator to parliament; or may two of them, or therefore no longer subjects, since they refu a greater rumber, be forced to unite in a single the laws of their sovereign, and in defense de deputation? What at last is the difference be- that refusal are making open preparations fa tween him that is taxed by compulsion without war. representation, and him that is represented by Being now in their own opinion free states, compulsion in order to be taxed ?
they are not only raising armies, but forming For many reigns the House of Commons was alliances; not only hastening to rebel themselres in a state of fluctuation : new burgesses were but seducing their neighbours to rebellion. The added from time to time, without any reason now have published an address to the inhabitants di to be discovered ; but the number has been fixed Quebec, in which discontent and resistance at: for more than a century and a half, and the openly incited, and with very respectful mentis king's power of increasing it has been question of the sagacity of Frenchmen invite them to ed. It will hardly be thought fit to new-model send deputies to the Congress of Philadelphia, the constitution in favour of the planters, who, to that seat of Virtue and Veracity, whence the as they grow rich, may buy estates in England, people of England are told, that to establish and, without any innovation, effectually repre- popery, a religion, fraught with sanguinary en sent their native colonies.
impious tenets, even in Quebec, a country of The friends of the Americans, indeed, ask for which the inhabitants are papists, is so contrary them what they do not ask for themselves. This to the constitution, that it cannot be lawfully inestimable right of representation they have done by the legislature itself; where it is esde never solicited. They mean not to exchange one of the articles of their association, to de solid money for such airy honour. They say, prive the conquered French of their religie and say willingly, that they cannot conveniently establishment; and whence the French of Qus be represented; because their ioference is, that bec are, at the same time, flattered into seditier: they cannot be taxed. They are too remote to by professions of expecting * from the liberality share the general government, and therefore of sentiment distinguishing their nation, the claim the privilege of governing themselves. difference of religion will not prejudiæ them
of the principles contained in the resolutions against a hearty amity, because the transcendunt of the Congress, however wild, indefinite, and nature of freedom elevates all, who unite in the obscure, such has been the influence upon Ame- cause, above such low-minded infirmities." rican understanding, that from New England to Quebec, however, is at a great distance. They South Carolina there is formed a general com- have aimed a stroke from which they may hope bination of all the provinces against their Mo- for greater and more speedy mischief. They ther-country. The madness of independence bave tried to infect the people of England with has spread from colony to colony, till order is the contagion of disloyalty. Their credit is hap lost, and government despised, and all is filled pily not such as gives them influence proporwith misrule, uproar, violence, and confusion. tionate to their malice. When they talk of To be quiet is disaffection, to be loyal is treason. their pretended immunities gunranteed by the
The Congress of Philadelphia, an assembly plighted faith of Government, and the most convened by its own authority, has promulgated lemn compacts with English Sovereigns, we think a declaration, in compliance with which the ourselves at liberty to inquire when the faith communication between Britain and the greatest was plighted, and the compact made; and when part of North America is now suspended. They we can only find that king James and king ceased to admit the importation of English Charles the First promised the settlers in Masgoods in December, 1774, and determine to per- sachusett's Bay, now famous by the appellation mit the exportation of their own no longer than of Bostonians, exemption from taxes for seres to November, 1775.
years, we infer with Mr. Mauduit, that by this This might seem enough, but they have done solemn compact they were, after the expiration of more. They have declared, that they shall the stipulated term, liable to taxation. treat all as enemies who do not concur with them When they apply to our compassion, by tellin disaffection and perverseness, and that they ing us, that they are to be carried from their own will trade with none that shall trade with Bri-country to be tried for certain offences, we are tain.
not so ready to pity them, as to advise them not They threaten to stigmatize in their Gazette to offend. While they are innocent, they are those who shall consume the products or mer- safe. chandise of their Mother-country, and When they tell of laws made expressly for now searching suspected bouses for prohibited their punishment, we answer, that tumults and goods.
sedition were always punishable, and that the These hostile declarations they profess them. new law prescribes only the mode of execution.
When it is said that the whole town of Bos- the Courts of Admiralty, or the extension of ton is distressed for a misdemeanour of a few, authority conferred on the judges, it may be anwe wonder at their shamelessness; for we know swered in a few words, that they have themselves that the town of Boston, and all the associated made such regulations necessary; that they are provinces, are now in rebellion to defend or jus- established for the prevention of greater evils; tify the criminals.
at the same time it must be observed, that these If frauds in the imposts of Boston are tried by powers have not been extended since the rebelCommission without a jury, they are tried here lion in America. in the same mode; and why should the Boston- One mode of persuasion their ingenuity has ians expect from us more tenderness for them suggested, which it may perhaps be less easy to than for ourselves ?
resist. That we may not look with indifference If they are condemned unheard, it is because on the American contest, or imagine that the there is no need of a trial. The crime is mani- struggle is for a claim, which, however decided, fest and notorious. All trial is the investigation is of small importance and remote consequence, of something doubtful. An Italian philosopher the Philadelphian Congress bas taken care to observes, that no man desires to hear what he inform us, that they are resisting the demands has already seen.
of parliament, as well for our sakes as their If their assemblies have been suddenly dis- own. solved, what was the reason? Their delibera- Their keenness of perspicacity has enabled tions were indecent, and their intentions sedi-them to pursue consequences to a greater distious. The power of dissolution is granted and tance; to see through clouds impervious to the reserved for such times of turbulence. Their dimness of European sight; and to find, I know best friends have been lately soliciting the King not how, that when they are taxed, we shall be to dissolve his parliament, to do what they so enslaved. loudly complain of suffering.
That slavery is a miserable state, we have been That the same vengeance involves the innocent often told, and doubtless many a Briton will and guilty, is an evil to be lamented, but human tremble to find it so near as in America; but caution cannot prevent it, nor human power al- how it will be brought hither, the Congress ways redress it. To bring misery on those who must inform us. The question might distress a have not deserved it, is part of the aggregated common understanding; but the statesmen of guilt of rebellion.
the other hemisphere can easily resolve it. That governors have been sometimes given “ Our ministers,” they say, “are our enemies, them only that a great man might get ease from and if they should carry the point of taxation, importunity, and that they have had judges not may with the same army enslave us. always of the deepest learning or the purest in- be said, we will not pay them; but remember," tegrity, we have no great reason to doubt, be say the western sages, “the taxes from America, cause such misfortunes happen to ourselves. I and we may add the men, and particularly the Whoever is governed, will sometimes be govern- Roman Catholics of this vast continent, will ed ill, even when he is most concerned in his own then be in the power of your enemies. Nor government.
have you any reason to expect, that after making That improper officers or magistrates are sent, slaves of us, many of us will refuse to assist in is the crime or folly of those that sent them. reducing you to the same abject state." When incapacity is discovered, it ought to be These are dreadful menaces ; but suspecting removed ; if corruption is detected, it ought to that they have not much the sound of probabibe punished. No government could subsist for lity, the Congress proceeds: “Do not treat this a day, if single errors could justify defection. as chimerical. Know that in less than half a
One of their complaints is not such as can century the quit-rents reserved to the crown claim much commiseration from the softest from the numberless grants of this vast contibosom. They tell us, that we have changed our nent, will pour large streams of wealth into the conduct, and that a tax is now laid by parlia- royal coffers. If to this be added the power of ment on those who were never taxed by parlia- taxing America at pleasure, the crown will posment before. To this we think it may be easily sess more treasure than may be necessary to puranswered, that the longer they have been spared, chase the remains of liberty in your island.” the better they can pay.
All this is very dreadful; but amidst the terIt is certainly not much their interest to re- ror that shakes my frame, I cannot forbear to present innovation as criminal or invidious; for wish that some sluice were opened for these they have introduced into the history of man- streams of treasure. I shall gladly see America kind a new mode of disaffection, and have given, return half of what England has expended in I believe, the first example of a proscription her defence; and of the stream that will flow so published by a colony against the Mother-largely in less than half a century, I hope a small country.
rill at least may be found to quench the thirst of To what is urged of new powers granted to the present generation, which seems to think