The nature and extent of Parliamentary power considered, in some remarks upon Mr. Pitt's speech in the House of Commons, previous to the repeal of the Stamp-Act. : With an introduction. Applicable to the present situation of the colonies. September, 1767. : [Four lines from Demosthenes]

INTRODUCTION.

THE following piece was written but a short time before the repeal of the stamp-act; and as the subject of it was of the most general and important nature, the trifling altera|tion of circumstances which a few months have produced, cannot prevent it's being as applicable to the present state of our affairs, as to those disa|greeable controversies, in which we have been heretofore unhappily involved. The conciliating spirit which prevailed upon the first intelligence of the stamp-act's being repealed, prevented its pub|lication then; though the author was ever per|fectly convinced, the colonies would not long have any reason to flatter themselves, that the repeal of this act was a sacrifice to liberty; or that it pro|ceeded from any thing more than an apprehension of the ill consequences which our brethren of Britain must have felt from the oeconomical reso|lutions which we had formed. Upon examining the debates, previous to the repeal, if any one could have doubted the sense of the legislature, the act for securing the dependence of the colo|nies, would have reduced it to a sufficient degree of certainty. Indeed, if this act had been more equivocal, the billeting act was explicit enough to have pointed out clearly to every common under|standing, their generous meaning—A meaning evidenced by such measures as could not but ex|cite the most alarming apprehensions.

In mixt forms of government, where the deli|cacy of the constitution requires the strictest at|tention,

to the movements of each distinct part, jealous fears frequently intervene, upon the slight|est appearance of irregularity. The history of England, alone, will furnish us with facts suffi|cient to support this assertion; since every man who possesses the smallest share of historical know|ledge, must certainly have observed, that before any measure of importance could obtain the ne|cessary approbation of the three estates of the kingdom, it first passed a severe and critical exami|nation; lest a superior address in either of the parties interested, should give themsome particu|lar advantage—lest a designing minister should extend the prerogative of the crown, or an artful commoner increase the liberty of the subject. A few thousands added to the military list, have a|larmed the whole nation; and a body of troops, not equal to those upon the American establish|ment, have with the most terrible apprehensions, been considered as a formidable army,—so averse have the people of England ever been, to trust their liberties, even with the best of men, that they have chosen to depend upon the precarious aid of subsidiary troops, rather than put arms into the hands of their own countrymen: while there was the least probability that those arms might be employed to the subversion of liberty. This conduct, I only mean to remark as consist|ent with the genius of liberty: and, though its policy, when critically examined, may not appear altogether unexceptionable, yet will the jealous caution which produced it, be ever considered as the grand bulwark of freedom. When I apply myself to consider the situation of the colonists, I cannot but observe that they labour under diffi|culties peculiar to themselves. They have not only to guard their libertles against the encroach|ments

of the royal prerogative, but even to pro|tect their property against the invasions of their more powerful brethren. The people of England have only one single defence to make for the pre|servation of their freedom; and, if the system of venality and corruption, which now so generally prevails, does not gradually lead them into a state of slavery, no open violence can ever affect it. Far different is the situation of the divided Ame|ricans. Of them every distinct colony has hither|to been considered as a particular plantation of the crown, and been governed by such loose, dis|cretionary powers as were better calculated to sup|port the despositism of a minister than the liberties of the settlers. They are now considered as dan|gerous rivals, and their unprotected interests must fall a sacrifice to those of their jealous brethren. An artful, designing minister would naturally en|deavour to conciliate the affections of those who more immediately surround the throne, by re|moving any burthens from their shoulders, and sixing them upon those, by whose murmurs and complaints, he could not be so immediately af|fected. To gratify the desires of his selfish coun|trymen, and flatter them with the appearance of an unnatural superiority; he would willingly sub|scribe to any acts for the limiting our trade, and restraining our manufactures: But perfectly con|vinced that the Americans will neither be so stupid as not to perceive the iniquity of these measures, nor so passive as patiently to submit to their be|ing carried into execution, he prudently prepares to support them by means as infamous and op|pressive as those which are to be supported. Though our European neighbours are driven from the continent; and, though our savage enemies have long since laid down the hatchet, yet have

our careful guardians left us with a very considera|ble body of troops, and are daily sending over fresh supplies—to protect us from any future dangers; when it cannot but be evident to every man of common knowledge, that in our present situation, we are both able and willing to defend our own frontiers, without putting the govern|ment to the trouble of transporting troops for that purpose, at such an immense expence. We have now sixteen regiments distributed through the different colonies—most of them instead of being a defence to our frontiers, are a burthen to our maritime cities; where they are, by virtue of an act of the British parliament, to be plentifully supplied with necessaries at the expence of the place where they may be quartered; and as the quartering them depends altogether upon the ar|bitrary will of the commanding officer, he is ab|solutely vested with a power of oppressing any sin|gle colony, which may have been so unfortunate as to have incurred the resentment of those who appointed him.

When the ministry, resolved to burthen us with so many troops, it was not thought proper to make the usual requisitions to the different assem|blies for the necessary supplies. The power of parliament had met with an unexpected opposition, in their first attempts to enforce the stamp act. Urged by a prudent attention to their own inte|rests, they had indeed determined to repeal this oppressive act; but lest this extraordinary conces|sion should be considered as an acknowledgment of right, they determined to exert their authority once more in a manner so explicit, as should leave us no room to doubt their meaning.

One act is passed to declare the dependence of the colonies upon the imperial crown and parlia|ment

of Great-Britain; and that dependence is immediately proved by a law for billeting soldiers in America, and for obliging those places, in which the commanding officer may think proper to quarter them, to grant certain very ample sup|plies of necessaries. Upon application to the go|vernment of New-York, the general assembly of that province shewed their readiness to comply with every thing that might be required for the accommodation of those troops which had con|tributed to the valuable acquisitions in America. They framed a law for the purpose, and granted a sufficiency of such articles as they conceived most useful and necessary for the soldiers: They did not indeed comply with every particular contained in the act of parliament—perhaps it might not be in their power. If any thing was to be given by the colonists for the accommodation of the soldiery, surely they were the best judges, of their own abilities, as well as of those articles which they could most conveniently procure. If the parliament had thought proper to have ordered porter instead of small beer, and gin instead of rum, they would scarcely have procured a suffici|ent quantity, had they even sought it with fixt bayonets. Although the inhabitants could not but be alarmed at a requisition supported by the whole legislative authority, yet did they prudently decline taken notice of such an extraordinary pro|cedure, and very modestly resolved to comply with the design of the act without any immediate reference to the act itself. Some triffling alterati|ons were indeed made in the stipulated allowances; but so inconsiderable were they that I believe the soldiery complained but little of the alteration; and I cannot think that the greatest enemy to A|merica ever imagined that the freemen of New-York,

when they used a discretionary power in granting a share of their own private property, for the use of the army, and were hardy enough to deviate, in some minute particulars, from the directions of the British parliament, would ever have excited so violent—so unjustifiable a re|sentment. A resentment expressed by a proceed|ing the most unreasonable and unconstitutional—such a proceeding as must prove, beyond all possi|bility of contradiction, that whatever concessions we may receive from a prudent attachment to their own interest, we can expect nothing from a generous attention to the spirit of their own hap|py constitution, or from an honest reluctance to invade the natural rights of their fellow-subjects.

—Sed comprime motus Nec tibi quid liceat, sed quid fecissae decebit Occurrat, mentemque domet respectus honeste. CLAUD.

MR. PITT, has frequently declared that the freemen of Great-Britain have no right to take money out of our pockets, without first ob|taining our consent; and yet their representatives in parliament have resolved, without deigning to consult us, that we shall pay a certain sum for furnishing the soldiery with particular necessaries. Unwilling to revive a contest, which had just be|fore been settled so much to our satisfaction, we declined renewing the dispute with regard to the legality of the act. We were contented to receive it as a reasonable requisition, though not as a bind|ing law; and, consulting our own abilities and conveniency, we granted such articles as we thought would answer the design of the act. In this conduct. so remarkably temperate, we have incurred the highest displeasure of the British par|liament,

and are exposed, as a punishment due to our offences, to one of the most general, and se|verest penalties which the hand of power could in|flict. An act has passed to strip us of our legisla|tive power, and render us unable to provide for ourselves in a situation of the most imminent dan|ger; because we have outrageously refused to subscribe to our own ruin. We have modestly a|voided controverting a point of the highest impor|tance, lest we should draw upon ourselves a charge of obstinacy and malevolence. We have complied with the meaning, though not with the letter of the act. We have evidenced the most grateful and complying disposition, and are nevertheless doomed to receive the punishment of the most re|bellious opposition. If our every act is thus liable to be misconstrued, and we are patiently to receive such severe chastisement, we must at once renounce the name of free-men, and accommodate our|selves to a state of abject vassallage.

We may not perhaps, just now feel any imme|diate ill consequences from this restraint upon our legislation; but when we are to determine upon the purity or justice of any particular act, we are to consider all the effects which it may probably, or even possibly produce. Suppose (for instance) that our savage neighbours should once more wantonly invade our frontiers—to what a hor|rid situation should we be reduced! Our lives and fortunes exposed to the attacks of a barbarous enemy, without our being able to raise either men or money for our protection. Can the greatest enemy to America think of our being reduced to a situation so truly distressful, without accusing of the most unnatural severity, those who arro|gate to themselves an absolute power of directing and restraining our every action, in such a man|ner

as may best answer their own partial purposes? In this amazing exertion of parliamentary power, the single colony of New-York is not alone con|cerned. It may hereafter be the fate of every o|ther province, unless they now cordially unite in such an application as may confirm their liberty, or establish their subordination upon some regular principles.

I am no favourer of violent measures. I would endeavour to support our pretensions by force of reasoning, not by force of arms; but yet I would anxiously wish that nothing may intimidate us in|to an acquiescence with the measures of oppression. We may be compelled to submit, but never to relin|quish our claim to the privileges of the free-men.

When we complain of the violent proceedings in the late administrations, let us consider the al|terations which a century has produced in our constitution. We have now a standing army of one hundred and twenty regiments. Scarce a fa|mily of rank but what has some military connec|tions; and even in the house of commons there are too many gentlemen of the sword. No won|der then, that we are alarmed with such spirited resolves—that execution is to preceed judgment; and that the inhabitants of a colony are regarded as dependent vassals, by those who have been ac|customed to consider a legion of free subject, as a band of absolute slaves—points of honour now take place of points in law, and Magna Char|ta itself must give way to that furor militaris which so universally prevails. The hand which bestows a truncheon can never be guilty of oppression, and the will of an artful minister, will become the law of a whole nation.

I am no enemy to the present military establish|ment, but as I conceive it may influence and en|danger

our liberties; nor have I any resentment against the inhabitants of that country, which gave birth to my ancestors, but when I consider them as exerting their superior power to reduce their fellow subjects to a state of subordination in|consistent with their natural rights, and not to be reconciled to the spirit of their own constitution. I admire and revere the well regulated government of Great-Britain, and only wish to have our own system established by so excellent a standard.

As a colonist, my most ambitious views extend no further than the rights of a British subject. I cannot comprehend how my being born in Ame|rica should divest me of these; nor can I conceive why the liberty and property of a free born Ame|rican should not be protected from every invasion with the same caution, which has ever been exert|ed to guard the privileges of an Englishman. If we are entitled to the liberties of British subjects we ought to enjoy them unlimitted and unrestrained. If our pretensions to these are without any foundation, why are we left unacquainted with the cause and nature of our subordination? In acts of the greatest solemni|ty and notoriety, we have been flattered with the title of British subjects—we have received with the blood of our ancestors, the spirit of liberty, and our hearts naturally retain an utter abhor|rence of slavery. We have carefully examined those glorious charters, granted to the virtuous re|solution of our brave fore-fathers; and the result of our examination cannot but inform us—that liberty is only to be supported by a steady op|position to the first advances of arbitrary power. The conduct of the colonists has been most mali|ciously misrepresented, and they have been stigma|tized as riotous and rebellious, when those who are un-influenced by prejudice, cannot but discover

that their warmest wishes rise no higher than to a connection, founded upon natural right; and that their present resentment could only be excited by the horrid apprehensions of being reduced to a state of slavish dependence.

I am not so great a stickler for the indepen|dence of the colonies, but I am ready to acknow|ledge the necessity of lodging in some part of the community a restraining power, for the regulating and limiting the trade and manufactures of each particular county or colony, in such a manner as might most effectually promote the good of the whole; and I should not obstinately object to the vesting this power in the parliament of Great-Britain, if the violent measures which have lately been carried into execution, did not afford me too much reason to believe, that every concession which might at this time be made from a principle of necessity, and a regard to the public utility, would be immediately considered as an acknow|ledgment of such a subordination, as is totally in|consistent with the nature of our constitution. If a laudable motive of moderation, and a generous attention to the welfare and tranquility of the whole community, should induce a ready submis|sion to every regulation which the British parlia|ment may think necessary to frame, the ill conse|quences which may possibly attend such a tempe|rate conduct, may draw upon us, a charge of un|pardonable negligence. In a system so complicated as ours, where one power is continually encroach|ing upon the other, and where the general ba|lance is so fluctuating and precarious; a spirit of compliance and moderation in the present age, may lay a foundation for the slavery and depen|dence of future generations; who will have the greatest reason to charge us with having basely

betrayed their liberties, by carelesly relaxing from the rigid scrutiny which ever ought to be made into matters of national concern.

Vos dormitis, nec udhuc mihi videmini intelligere quam nos pateamus Cal. ad Cic.

In the pursuit of all political measures, if we are not cautious in preserving the appearance of liberty, we may insensibly lose the reality itself. As men attentive to our own particular interests, we cannot but discover the many advantages which the colonists would necessarily have over their brethren of Britain, in the course of a free unin|terrupted commerce; but, as men of reason and integrity, we do not indulge a wish to enjoy these advantages at the expence of our fellow subjects. We shall ever readily subscribe to such commerci|al regulations as may enable the inhabitants of Great-Britain, and Ireland, to meet us at all fo|reign markets upon an equal footing; but where the authority by which these restrictions are to be framed, can with most safety and propriety be lodged, is now the subject of our inquiries.

The boldest advocates for the power of parlia|ment, cannot, at this day, without blushing, as|sert, that it is sovereign and supreme in every re|spect whatsoever. That great man, who is, be|yond all contradiction, the best acquainted with the constitution of his own country, and the most sincerely attached to her true interest, never wished to extend the legislative power of Britain, any further than might be essential to her own preservation; by establishing such regulations as were indispensably necessary to prevent her falling a prey to her rising colonies. As there was an immediate necessity of placing this power some|where, the parliament of Great-Britain could

urge a claim founded in an appearance of reason, and supported by a superiority of strength; and yet reasonable as this claim appeared to be, it could never be maintained, upon the principles of their own government. The commons of Britain might indeed with great propriety propose regulations for the trade, and restrictions for the manufactures of those by whom they were ap|pointed; but how they can, with any face of equity, resolve to extend these regulations and restrictions to those from whom they have received no delegated power, is what I cannot easily com|prehend. Would they but admit to their gene|ral council a certain number of deputies, proper|ly authorized from every colony, to support the interests of their constituents, to explain the na|ture of their situation, and remonstrate against any acts of oppression, then indeed whatever com|mercial regulations they might think proper to form, would be fixed upon a constitutional basis, and their authority remain for ever undisputed; as I can never be supposed to mean that it should extend to any other than such matters which im|mediately relate to commerce; while the internal policy of each colony should still be regulated by its proper representatives, in conjunction with the deputy of the crown; and their liberty should only be restrained and their property fairly dispo|sed of by those who are legally vested with that au|thority. I am very sensible, that to fix a repre|sentation in parliament for the purposes of com|merce only, would be attended with many incon|veniencies; but every man who has the cause of liberty, and the interest of his country at heart, would rather accept such a partial, disadvantage|ous establishment as might immediately be obtain|ed, than submit to such an unnatural state of sub|ordination,

as must continually keep alive the spirit of contention, and finally involve us in in|evitable ruin.

The friends of parliamentary power lose them|selves in contemplating the idol they have raised; and to confirm the veneration which they have entertained, they annex to it the idea of omnipo|tence and infallibility. It is a received maxim of the law—"that the king can do no wrong;" and yet our brave forefathers were not so deluded by this royal dogma as to suffer themselves to be stripped of their invaluable rights and privileges by the arbitrary fiat of a wicked prince; and if they were justifiable in their resolute opposition to the unwarrantable encroachments of a power which had been considered as sacred. by a long hereditary succession; how very reasonably may we conceive that our conduct will be strictly de|fensible when we unanimously oppose the violent proceedings of a body which we may be said, from day to day, to have fashioned with our own hands. As the original design of delegating power, was, that it might be exercised for the good of the whole community, there cannot be a greater absur|dity in polities, than to suppose, that those whom we have vested with a reasonable and necessary authority, are not accountable to us if they should by any consideration, be led weakly and wanton|ly to abuse it. The doctrine of non-resistance and passive obedience to the tyrannic will of a wicked prince has long since been exploded, and those who have endeavoured to inculcate these slavish principles, have deservedly been treated with the utmost rigour of the law.(a) 1.1 If liberty be the object which we pursue, and slavery the

misfortune which we most cautiously avoid, we have as much to apprehend from a corrupt par|liament, as from an ambitious King; and he who would patiently submit to the usurpations of the one, and resolutely oppose the despotism of the other, only declares, by his conduct, that he would rather be ruled by five hundred tyrants than by one.

The natural right which every man possesses, to restrain, by every possible method, the progress of arbitrary, lawless government, is not at this day to be controverted; and though it may be in|sinuated, that the too warmly and too frequently pressing this doctrine, may excite a spirit of licenti|ousness; yet in answer to this, I must beg leave to remark, that the cause of liberty cannot be too care|fully cultivated, & that those principles by which it is best supported, cannot be too often or too strongly inculcated. Should the parliament of Britain, by an act of power, atempt to strip their consti|tuents of some important, unalienable right; would they not meet with as certain and violent opposition, as if the crown, by an exertion of its prerogative, should endeavour to divest them of some established privilege? The King of Great-Britain is vested with an extensive, but not an un|limitted authority; and is himself bound by those laws with the execution of which he is entrusted. The representatives of the nation, in parliament assembled, with justice arrogate to themselves many great and useful powers. They are trustees lawfully appointed for the freemen of Great-Bri|tain—nequid detrimenti capiat respublica is the tenure of their appointment; and if they should from any principle of venality or corruption, be|tray their important trust, no man can doubt but that they are very reasonably accountable to their

constituents for every part of their misconduct. Should an act of the British legislature invade the rights of those who clothed the law-makers with their legislative power, it could only be considered as a breach of trust; but if the same authority should be exerted to deprive us of our most inesti|mable liberties, we must very properly regard it as an act of violence and oppression. Such violence has lately been offered to the legislature of New-York in particular, and such oppression will with great reason be complained of by the colonies in general, when they more clearly discover the ill ten|dency of those statutes, which have lately been framed under a pretence of regulating our com|merce. I cannot think it necessary to enter into a minute examination of every particular statute. The nature and importance of those duties which have been imposed upon such articles as we are un|der a necessity of importing from Great-Britain only, have been very clearly and accurately ex|plained by a late judicious writer.(a) 1.2 For my part I have only laboured to impress the princi|ples of liberty upon the minds of my country|men; and to draw from those principles such clear an forcible conclusions as might carry with them conviction even to the most prejudiced. I have left the arrangement and consideration of particu|lar facts to those who have more leisure and a|bility; but if this loose undigested essay, should, in the most trifling, degree, promote the interest of my country, I shall, at any time hereafter, must willingly devote my head, my heart, and my hand to the same glorious purpose.

A CITIZEN.

Te propter colimus leges, animosque ferarum Exuimus; nitidis quisquis te sensibus hausit Irruit intrepidus flammis, hiberna secabit Aequora, consortus hostes superabit inermis. Claud.

Notes

• (a) 1.1

  Vide Sacheverel's trial.
• (a) 1.2

  Author of the Farmer's letters.