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hardship of their circumftances might merit relief. Others there were who gave themfelves no

trouble as to the rectitude of the American taxation, but who would have been very glad that their own burdens at home could be at all lightened, by any fums, that could be drawn in any manner, out of the pockets of the colonists; and in general it may be fuppofed that the lovers and affertors of high prerogative, naturally chimed in with the reft, upon their own principles.

There were not a few alfo who firft kept aloof from, and in due time declared against the miniftry, upon some symptoms which appeared early, of their wanting that countenance, which, as it hath been favourable or adverse, has determined the good or ill fortune of the feveral fucceffive fyftems of adminiftration for fome years paft. This part of the oppofition was, for very obvious reasons, by much the most dangerous.

To balance this powerful oppofition, the administration confifted of gentlemen, who, though many of them were young in office, were yet extremely high in eftimation; whofe characters were clear; whofe integrity was far above fufpicion, and whofe abilities feemed to grow with the difficulties of the bufinefs they were engaged in; their conftant adherence alfo to the cause of liberty had procured them the confidence and good-will of the public, both of which they enjoyed in a very eminent degree. They had befides fome other advantages: as they were not bound to the fupport of measures at all events, merely because they had planned or advifed them; fo they could weigh matters with coolness and impartiality, and judge without prejudice or VOL. IX.

paffion; at leaft they had the happinefs not to be obliged to act fyftematically wrong.

They appear accordingly to have avoided, as well as in matters fo critical perhaps they could be a voided, the two extremes, on one of which it was apprehended they muft inevitably have ftruck: they neither precipitated affairs in America by the rafhnefs of their councils, nor did they facrifice the dignity of the crown or nation, by irrefolution or weakness; and the firmness, as well as temper, which appeared in their dispatches to the different governors, when examined by the houfe, did them the greateft honour. By preferving this medium, by fufpending their own judgment in a matter of fo great importance, till they had obtained that of the reprefentatives of the nation, they ftill left it in the power of the fupreme legislature, to use healing measures, and did not urge their fellow-fubjects, through defperation, to the committal of fuch acts as could not be forgiven.

Notwithstanding the prudence of this conduct, it was feverely animadverted on by the oppofite party. Thefe gentlemen would have the moft coercive means made use of, for enforcing the new laws and regulations in which themfelves had fo great a fhare; fully fenfible of the difgrace that must be reflected on them by a repeal, it is not unnatural to fuppofe, that they wished to fee the executive power fo deeply engaged before the meeting of parliament, that the legislative could not then in honour recede from the fupport of it. Upon this principle, the plan of moderation that had been adopted, was oppofed with the greatest acrimony, [D]

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and the fevereft invectives pointed at adminiftration, for not having immediately employed troops and fhips of war, to enforce the laws in fuch a manner, as the outrageoufnefs of the refiftance, and the importance of the authority which was refifted, did, as they afferted, indifpenfably require.

In the mean time, the American affairs were become a general fubject of difcuffion, and numberlefs Famphlets were wrote on both fides of the queftion: in general, both files were guilty of the fame fault, though in the moft oppofite extremes; the advocates for the colonies carried the idea of liberty to the highest pitch of enthusiasm, while their antagonists feemed to imagine, that a perfon forfeited every birthright and privilege of an Englishman by going to live in America. They both alfo proved a great deal too much; while the former feemed to confider the co'lonies rather as independent ftates in a fort of equal alliance with the mother country, than as dominions depending upon and belonging to her; they furnished the ftrongeft reafons, why that irregular fpirit of enthufiafm fhould be timely checked, by making them fenfible of their dependence.

On the other hand, the enemies of the colonies, by exaggerating their power, opulence, and population, fufficiently proved the neceflity of treating them with tendernefs; as, if their calculations were allowed to be well founded, it must be impoffible to retain them long in fubjection by any other

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taken from the throne of the importance of the matters which had occurred in North America, and which were given as a reafon for affembling the two houses fooner than was intended, that they might have an opportunity to iffue the neceffary writs on the many vacancies that had happened fince the last feffion; and proceed immediately after the recefs to the confideration of the weighty matters that fhould then be laid before them, for which purpofe the fulleft accounts of the American affairs fhould be prepared for their inspection.

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Most of the friends to adminiftration had vacated their feats in confequence of the late changes, fo that by deaths and promotions there were 41 feats now vacant. Some thought it would be ungenerous to make any ftrictures upon the conduct of the minifters, till they fhould be in a fituation vindicate or explain it, in their proper perfons as members of the houfe: it appears however that others were of a contrary opinion. An addrefs having been refolved in anfwer to the king's fpeech, a motion was made by the oppofition, that his Majefty might be addreffed to give orders, that copies of all letters, papers, orders, or inftructions, fent from the fecretary of state's office, or the other principal departments, to the governors and officers of the crown in North America, together with copies of all anfwers thereto, and of all other papers relative to the late disturbances there, to the execution of the ftamp duty, to the enforcing of the laws, and to the quelling of riotous and tumultuous diforders, should be laid before the house.

This motion feemed the more extraordinary, as it had been declared from the throne, that the fullest accounts of these affairs fhould be laid before parliament.

The house probably thought the propofition not very decent with regard to the crown, nor can

did with regard to the miniftry, in their fituation at that time. So that on a fharp debate, the previous queftion being put, it was carried in the negative by a majority of 70 to 35. The house having then iffued the neceffary writs, adjourned for the holidays.

CHA P. VII.

Parliament meet after the holidays. The American affairs again particularly recommended from the throne; addreffes thereon. Petitions fent from the trading and manufacturing towns. Great debates upon the right of taxation. The right of taxation confirmed and ascertained.

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The fecond fpeech

Jan. 14. from the throne,

as

well as the first, pointed out the American affairs to parliament, as the principal object of its deliberations: both houfes by their addreffes fhewed that they looked upon them in the fame important light. Petitions were received from the merchants of London, Bristol, Lancaster, Liverpoole, Hull, Glafgow, &c. and indeed from most of the trading and manufacturing towns and boroughs in the kingdom. In thefe petitions they fet forth the great decay of their trade, owing to the new laws and regulations made for America: the vast quantity of our manufactures, (befides thofe articles imported from abroad, which were purchased either with our own manufactures, or with the produce of our colonies) which

the American trade formerly took off of our hands: by all which, many thoufand manufacturers, feamen, and labourers had been employed, to the very great and increafing benefit of the nation. That, in return for these exports, the petitioners had received from the colonies, rice, indigo, tobacco, naval ftores, oil, whale-fins, furs, and lately potafh, with other staple commodities, befides a large balance in remittances by bills of exchange and bullion, obtained by the colonifts for articles of their produce, not required for the British market, and therefore exported to other places.

That from the nature of this trade, confifting of British manufactures exported, and of the import of raw materials from America, many of them ufed in our manufactures, and all of them tending to leffen our dependence on neighbouring ftates, ie must be deemed of the higheft importance in the commercial fyftem of this nation. That this commerce, fo beneficial to the ftate, and fo neceffary for the fupport of multitudes, then lay under fuch difficulties and difcouragements, that nothing less than its utter ruin

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was apprehended without the immediate interpofition of parlia

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tude of manufacturers from becoming a burden to the community, or else feeking their bread in That the colonies were then in- other countries, to the irretrievadebted to the merchants of Great ble lofs of the kingdom; and to Britain, to the amount of feveral preferve the ftrength of this namillions sterling; and that, when tion entire, its commerce flourishpreffed for payment, they appeal ing, the revenues increafing, our to past experience in proof of navigation, the bulwark of the their willingness; but declare, it kingdom, in a state of growth and is not in their power at prefent to extenfion, and the colonies, from make good their engagements, al- inclination, duty, and intereft, ledging that the taxes and reftric- firmly attached to the mother tions laid upon them, and the ex- . tenfion of the jurifdiction of the vice admiralty courts, eftablished by fome late acts of parliament, particularly by an act paffed in the 4th year of his prefent Majefty, for granting certain duties in the British colonies and plantations in America, and by an act paffed in the 5th year of his Majefty, for granting and applying certain ftamp-duties, &c. in the faid colonies, &c. with feveral regulations and reftraints, which, if founded in acts of parliament for defined purposes, they reprefent to have been extended in fuch a manner, as to disturb legal commerce and harrass the fair trader: and to have so far interrupted the ufual and former moft ufeful branches of their commerce, reftrained the fale of their produce, thrown the ftate of the feveral provinces into confufion, and brought on fo great a number of actual bankruptcies, that the former opportunities and means of remittances and payments were utterly loft, and taken from them.

That the petitioners were, by thefe unhappy events, reduced to the neceffity of applying to the houfe, in order to fecure themfelves and their families from impending ruin; to prevent a multi

Such a number of petitions from every part of the kingdom, pregnant with fo many interefting facts, ftated and attefted by fuch nambers of people, whofe lives had been entirely devoted to trade, and who must be naturally fuppofed to be competent judges of a fubject which they had fo long and fo clofely attended to, (befides that it fhewed the general fenfe of the nation), could not fail of having great weight with the house.There was alío a petition from the agent for the ifland of Jamaica, fetting forth the ill confequences that had attended a ftamp-tax, that had been laid on in that island by the affembly, and which was fuffered to expire, it having been found unequal and burdenfome in a very high degree. And he conceived the prefent law for a ftampduty in the colonies, would be attended with the fame, if not greater inconveniencies.

There were also petitions received from the agents for Virginia and Georgia, fetting forth their inability to pay the ftampduty, &c. It is remarkable that thefe three were the only petitions delivered this feffion in the name of any of the colonies: which must be imputed to the reception

their petitions met with the laft year, of which we have already

taken notice.

But neither the arguments nor facts contained in the petitions could prevail on the party who had refolved on the fupport of the ftamp act at all events, to remit in the leaft of their ardor.

They reprefented the petitions as the effects of minifterial artifice. And they argued, even if the diftrefs of trade, from a due exertion of the authority of parliament, had been as real and as great as it was reprefented; yet it were better fubmit to this temporary inconvenience, than, by a repeal of the act, to hazard the total lofs of the just fuperiority of Great Britain over her colonies.

Those who contended for the repeal were divided in opinion as to the right of taxation: the more numerous body, of whom were the miniftry, infifted that the legiflature of Great Britain had an undoubted right to tax the colonies; but relied on the inexpedi. ency of the present tax, as ill adapted to the condition of the colonies, and built upon principles ruinous to the trade of Great Britain.

Those who denied the right of taxation, were not fo numerous; but they confifted of fome of the moft diftinguished and popular names in the kingdom, among which was that of a noble lord at the head of one of the firft departments of the law, who, by fome decifions favourable to liberty, flood high in the esteem of the public; and a right honourable commoner, who had long enjoyed the most unbounded popular applaufe, together with other lords and gentlemen of the first character. Though the urgency of the mat

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ter occafioned the house to attend to it with the most unwearied application, and twelve, one, or two o'clock in the morning, were become common hours of dining with the members, fo late it frequently was before they broke up from the public bufinefs; yet the nature of their inquiries, the number of petitions they received, and the multitude of papers and witneffes they had to examine, occafioned a delay which could not be remedied. During which time there were continual debates, and the oppofition made the most frenuous efforts for enforcing the ftamp act, and by every means to prevent the repeal. There were two questions arose in the courfe of this debate, upon which the whole turned. The first was, whether the legislature of Great Britain had a right of taxation over the colonies, or not? The fecond was confined to the expediency, or inexpediency of the late laws. We fhall give fome of the arguments that were made use of on both fides, without prefuming to give any opinion of our own, which in this cafe will be the eafier excufed, as it has already been decided to general fatisfaction, by the highest authority.

As to the right of taxation, the gentlemen who oppofed it, produced many learned authorities from Locke, Selden, Harrington, and Puffendorf, fhewing, that the very foundation and ultimate point in view of all government, is the good of the fociety.

That by going up to Magna Charta, and referring to the leveral writs upon record, iffued out for the purpose of raifing taxes for the crown, and for fending reprefentatives to parliament, as well

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