petty legislatures in the colonies with refpect to coin. The interpofition of parliament became neceffary to correct thofe abules. An act was paffed 6o Ann. for that purpose, when the councils of that princefs were guided by Whigs, By this aft, the rates of foreign coin, in the plantations, were ascertained; and a fevere punishment was inflicted on those who should take them at higher rates. The American trade was placed in the fame reign under further reftrictions, by act of parliament. Rice and molaffes were added to the lift of enumerated commodities. In the reign of George 1. furs and copper-ore of the plantations were fubjected to the fame reftrictions.

The British parliament confined not to ats their fenfe of the undoubted right they poffeffed of controuling the colonies in all cafes whatsoever. In the Jour nals of both Houses there are many proceedings which furnish proofs of their undeviating adherence to the same principles. In the year 1702, a bill was brought into the Houfe of Commons, for abolishing all the charter and proprietary governments in America, and reuniting them to the crown, In 1705, the House of Lords came to several refolutions on the fubject of laws enacted in feveral of thofe governments. They declared thofe laws to be repugnant to the laws of England, and destructive to the conftitution. This proceeding was likewife followed by a bill for abolithing thofe charters.

Thefe bills, it must be confeffed, were not carried into laws. But they did not fail through any doubt entertained by the legislature against their propriety. They were loft through a change in the Situation of those who brought forward the measure. That the opinion of the legillature continued the fame on this fubject, is evident; as the fame propofition was again taken up in the year 1716, when a Whig miniftry governed the kingdom.

In the reign of George II. the inftances of the controuling authority of parliament over the colonies, are more numerous and ftriking. By an act 20 Geo. II. ch. 35. fevere prohibitions and penalties are impofed and inflicted on fuch perfons as fhall cut and deftroy white pines, although fuch pines are growing within the limits of a township already granted; and thefe penalties are directed to be fued for and recovered in the courts of ad

miralty. The merchants of G. Britain having, in the sth of the fame reign, preferred a petition to parliament, complaining of the difficulties they met with in the recovery of debts in the plantations, an act was paffed, which fubjected all real eftates in the colonies to just debts and demands; and to be affets, in the fame manner as in England, for the fatisfaction of debts due by bond. The exportation of hats from any of the colonies, and even the conveyance of them by land from one colony to another, is prohibited, under fevere penalties, by an act paffed in the fame feffion.

In the year 1733 the province of Maffachufet's-bay prefented a petition to the Houfe of Commons, praying, that they might be heard by counfel on the fubject of grievances. The chief of thefe was, "That the crown had reftrained their governor, by instructions, in certain cafes relative to the iffue and difpofal of public money, and the emission of påper-bills of credit," The Commons, having confidered the matter, came to a refolution, "That the petition was frivolous and groundless, a high infult upon his Majefty's government, and tending to SHAKE OFF THE DEPENDENCY of the faid colony upon this kingdom, to which in LAW and RIGHT THEY OUGHT TO BE SUBJECT." Complaint having, at the fame time, been made to the House, "That the reprefentatives of that colony had cenfured a perfon for giving evidence, before a committee of the House, in the cafe of a bill then depending in parliament;" it was refolved, "That the paffing fuch cenfure was an AUDACIOUS PROCEEDING, and a high violation of the privileges of the Houfe." A committee was accordingly appointed to inquire who were the abettors of this unwarrantable proceeding.

We may perceive, from the above circumftance, how jealous parliament have been of their fupremacy and uncontroulable authority over the colonies. Ano. ther inftance muft carry the proof of this pofition beyond the power of reply. In the year 1740, the Houfe of Commons entered into a confideration of " the abufes committed in the colonies, in refpect to the emiffion of paper-bills of credit." After a long examination, they came to various refolutions. They refolved, "That the act passed in the 6th of Queen Anne, afcertaining the rates of foreign coin in America, had not been

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duly

duly obferved: That many indirect practices, in that refpect, had been introduced, contrary to the true intent of the act: That an addrefs thould be presented to his Majefty, to require the governors of his colonies to take effectual meafures for the strict obfervance of the act of the 6th of Q. Anne: That another addrefs fhould be prefented, requesting his Majefty to iffue his royal proclamation, to fettle and afcertain the rates of foreign gold coins: That the creating and iffuing bills of credit, in the British colonies, by virtue of acts of affembly, had fruftrated the defign of the act of the 6th of Queen Anne: That, an humble addrefs of thanks fhould be prefented to his Majefty, for the orders he has already given on that head: and, That he fhould also be requested to require and command the governors of the refpective provinces, not to give their affent to any act, whereby bills of credit might be iffued in lieu of money."

Thefe fpirited refolutions of the Commons checked, for fome time, the abufes in the emiffion and circulation of papermoney. The New England governments, however, did not continue long to pay any regard to royal inftructions, though fupported and enforced by the authority of the Houfe of Commons. The frauds committed awakened again the attention of parliament. In the 24th of George II. an act was paffed, to regulate and restrain paper-bills of credit in the four New-England governments; the governors of thofe colonies were prohibited, under pain of being removed from their governments, and for ever rendered incapable of any public office or place of truft, from affenting to any act, order, or vote, for the iffue of any paper bills of credit; and all fuch acts, crders, or votes, were declared to be, ipfo facto, null and void.

In the year 1741 the colonies took up the idea of a LAND-BANK, which had proved fo unfuccessful in England in the reign of K. William. The "American affemblies," it appeared to parliament, σε had prefumed to publish a scheme for fupplying a pretended want of a medium in trade, for fetting up a bank on landfecurity, and to folicit fubfcriptions." To correct this evil, an act was paffed, in the 14th of George II. "to reftrain and prevent fuch unwarrantable practices; and to extend to America the pepalties inflicted by a statute of the 6th of

George I. on perfons guilty of fuch practices in thefe kingdoms.' They were alfo fubjected, by the fame act, to the penalty and forfeiture ordained by the ftatute of provifion and premunire of the 16th of Richard II.

There are feveral other ftatutes by which parliament with equal force affert their authority over the colonies. In fome of these they carry this authority beyond the limits with which they have hitherto circumfcribed it in this kingdom, In the 29th of George II. cap. 35. officers of the army are empowered to inlift, in the colonies, apprentices and indented fervants. The perfons fo inlifted were exempted from arrefts in civil actions, where the value of the action exceeds not ten pounds. To thefe ftriking inftances of the controuling power of parliament over the colonies, may be added the act 23° Geo. II. cap 29. By that act, “every perfon erecting or working any mill or other engine for flitting or rolling i ron, or any plating forge or furnace for making steel, is fubjected to a penalty of 200l. to be recovered in any of the courts in Weftminster-hall, or in the court of exchequer in Scotland."

The foregoing recital of ftatutes binding the colonies prior to the prefent reign, of which the congrefs fo much complain, is fufficient to convince the difpaffionate, that the controuling power of parliament has been perpetually exerted, and never difputed. There is hardly any object of legiflation in which the laws of this country have not bound America. Taxation has been purposely omitted in the above detail. That ar ticle, as the great object of contest, ought to be feparately ftated. I fhall, therefore, throw into one point of view, all the inftances of the exercife of the power of the British parliament in that cafe.

The firft inftance of taxation is the act 12o Char. II. for granting to the crown a duty of tonnage and poundage. This act is in point. It directs, that the duties above mentioned "fhall be payable upon commodities, not only imported into the realm of England, but also into the DOMINIONS THEREUNTO BELONGING." The colonies are here included in exprefs words. It is true, indeed, that the duties of tonnage and poundage were not collected in America. The reafon was, that the commerce of the plantations was fo inconfiderable, that

the

the revenue arifing from it could not pay the expence of collection.

But whatever might have been the reason for not collecting the duties of tonnage and poundage in the colonies, the law was certainly understood to ex. tend to America. In the year 1680, the affembly of the Ifland of Jamaica refufed" to raife levies for the fupport of government." Upon this refufal, the Lords of the Council made a minute "to confer with the Judges upon the queftion, Whether the fubfidies upon the tonnage and poundage upon goods that may by law, or fhall be directly carried to Jamaica, be not payable, ac cording to law, by his Majefty's fubjects inhabiting that ifland, or trading there, by virtue of the acts of tonuage and poundage, or other acts made in England?" Unfortunately it does not appear, whether the conference was ever held; or if it was actually held, what was the refult.

The 25th of Charles II. cap. 7. is the next act that binds America, in point of taxation. By that act certain duties are made payable in the plantations, upon fagar, tobacco, cotton-wool, indigo, ginger, logwood, fuftic, and other dying woods, and cocoa-nuts exported to any other place, except England. Thefe duties continue to be paid to this day. In the 9th of Q. Anne, an act was palled, impofing certain duties on all prize-goods taken in America, and imported into any of the colonies. These duties were as follows: "All European goods (wine and brandy excepted) which have been usually sent to the plantations, are to pay THERE fuch cuftoms as are payable for the like goods imported into the plantations from G. Britain. Other goods taken as prizes fhall be liable THERE to fuch duties as were payable for the fame, by any act of affembly in the faid plantations."

To thefe acts, fubjecting his Majefty's fubjects in America to taxes imposed by the British parliament, several others may be added. The act 9o.Ann. for etablishing a poft-office; the various acts paffed for levying and enforcing the collection of the duty of fix pence per month, out of feamens wages, for the fupport of Greenwich hofpital: all thefe acts extend to America; they bind the colonies, as well as the mother-country; their authority was never difputed; and the taxes impofed by them have been

uniformly raised. The act 2° Geo. II. cap. 7. is ftill more explicit and decifive in the words. It requires the payment of the duties for Greenwich hospital; " by feamen belonging to American fhips, whether employed upon the high feas, or in any port, harbour, bay, or creek, within ANY of the colonies."

It appears from this detail of facts, that the right of parliament to bind the colonies in all cafes whatsoever, is not a claim founded on mere theory: on the contrary, that the controuling power of the legiflature is warranted by conftant ufage, and uninterrupted practice (5); that the declaratory act, of which the Americans complain, contains no new, no affumed powers over the plantations; and that there is fcarce any channel of legiflation, through which the British parliament has not exerted its fupremacy, in as full and ample a manner as it has been exerted over the inhabitants of G. Britain; and all this prior to the prefent reign, in which the congrefs place the commencement of "public ruin."

The American, &c. [To be continued.]

(s) But the power formerly affumed by parliament over the colonies was exerted in mild, lenient, and beneficial acts; and the people of America did not, at those early periods, think even thefe exertions of parliamentary authority juftifiable, fo long as they were unreprefented in parliament. But had the cafe been otherwife, and had the acts of been even as violent and fevere as those which parliament to which the colonists submitted, they now refift; would it from thence follow, that men, by having formerly committed injuftice, acquire a right to persevere in the practice of it?

A Calm Anfwer to Mr Wefley's Calm Addrefs. [xxxvii. 571. 621.]

and treasure in the common cause. Is this the language of independency? Still perhaps you will fay, What compenfation have we in reality for the protection that we have afforded them, if the power of taxation is thus tamely given up? Their answer is plain, and indeed has nothing myftical in it: "Either be fatisfied," say they," with the monopoly of our trade, which brings greater lofs to us, and greater advantage to you, than if we paid our share of taxes; or lay open our trade, and then we will contribute our proportion when called on in a conftitutional manner; but if the war goes on, will ever the trade of ruined provinces compenfate for your expences, or fhall we ever be able to pay for our own chains?" [xxxvii. 488.]. "We are more indebted," say the merchants of Bristol," to their former affections than to any dread they had of our power. — It would not only be arrogant and prefumptuous in us to addrefs for war and flaughter, but unnatural and ungrateful." [xxxvii. 635.]

Let us now, if you pleafe, examine the maxims and principles of the police of commerce fo wifely established in the laft century; and then confider, coolly and impartially, how far we have departed from the old fyftem by the late revebue-acts. It would appear, then, that the navigation-acts were in confequence of three principal objects, as then fet forth in the following words, viz.

1. To establish, fay those wife found ers, a greater intercourfe and friendly correfpondence betwixt Great Britain and ber colonies.

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2. To fecure the vent of English goods. 3. To render this country a ftaple for the produce of our American plantations. How well thofe falutary purposes were fulfilled by the mutual affection that fabfifted, and the rapid progress of our American trade, is too obvious to enlarge upon. I fhall therefore give one inftance only to prove the truth of what has been advanced. In the year 1704, the province of Pennsylvania commif. foned goods only to the extent of 11 or 11,000l. but in the year 1772 their demands amounted to the amazing fum of more than 500,000l. In the mean time, particular cities were enriched, the landed intereft was greatly increased, and the exchequer, in the fingle article of tobacco, received near 300,000l. ayear.

Will any man pretend to say after this, that America does not contribute to the public wants? Again, during the late. war, not a year paffed without the repeated thanks and acknowledgements of the king and parliament to those very people for their zeal and efforts in the common caufe, Now, Mr Wesley, if the venerable founders of this good old fyftem were to rife, and to see all those, and many other advantages, in a conflict with the finances; would they not exprefs fome furprife at the conduct of their blinded pofterity ever fince the fatal æra of the ftamp-act? And though at prefent our manufactures are kept alive by an extraordinary demand from Spain, Ruffia, &c., yet furely we cannot depend on the continuation of such demands, for many reafons; and will not the landed man fuffer equally with the merchant by the decay of trade? If he doubts this, he may read what Mr Locke fays on the fubject, viz. "The decay of trade is immediately felt by the landed man; and though he is not very forward to believe this, yet this. is certain, that he is as much concerned in trade as the merchant himfelf."- By the old fyftem, the wealth and riches of America flowed peaceably and quietly into G. Britain : - their luxury was our advantage, and the debts ftill owing to the merchants, prove, that the produce of their foil, their fisheries, and Spanish trade, have not all been fufficient to pay for British goods. To what purpofe then would you tax them? - unless you want to refemble the man in the fable, whose hen produced a golden egg to him every morning, which only increased his avarice, and at laft tempted him to kill the poor hen, in expectation of growing rich all at once by the vaft treasure which he thought must be within her?

As to the tea-riot, their tarring and feathering of cuftomhouse-officers, &c. no man in his fenfes would pretend to vindicate; but fuch actions, I hope, can only be imputed to the bafe-born multitude, or unthinking herd of the people : and I am glad to hear, that committees of fafety are appointed now to prevent fuch diforders for the future, which muft difgrace any caufe. Yet many are of opinion, that fuch excrefcences or ebullitions of liberty may be confidered as fpecks on the eye of the political body, and to be touched with a gentle hand, left the eye itself should be endangered

by