Part 10

Attempts have been made to gloss over these gross incroachments, by this specious argument,--"That expending a competent part of the public revenue in pensions, from a principle of charity or generosity, adds to the dignity of the crown, and is, therefore, useful to the public." To give this argument any weight, it must appear that the pensions proceed from "charity or generosity" only--And that it "adds to the dignity of the crown" to act directly contrary to law.

From this conduct towards Ireland, in open violation of law, we may easily foresee what we may expect, when a minister will have the whole revenue of America, in his own hands, to be disposed of at his own pleasure. For all the monies raised by the late act are to be "applied, by virtue of warrants under the sign manual, countersigned by the high treasurer, or any three of the commissioners of the treasury." The "residue" indeed, is to be paid "into the receipt of the exchequer, and to be disposed of by parliament." So that a minister will have nothing to do but to take care that there shall be no "residue," and he is superior to all controul.

Besides the burden of pensions in Ireland, which have enormously encreased within these few years, almost all the offices, in that poor kingdom, have, since the commencement of the present century, and now are bestowed upon strangers. For though the merit of those born there justly raises them to places of high trust, when they go abroad, as all Europe can witness, yet he is an uncommonly lucky Irishman, who can get a good post in his native country.

When I consider the [42]manner in which that island has been uniformly depressed for so many years past, with this pernicious

## particularity of their parliament continuing[43] as long as the

crown pleases, I am astonished to observe such a love of liberty still animating that loyal and generous nation; and nothing can raise higher my idea of the integrity and public spirit of the people[44] who have preserved the sacred fire of freedom from being extinguished though the altar, on which it burned, has been thrown down.

[42] In Charles II's time, the House of Commons, influenced by some factious demagogues, were resolved to prohibit the importation of Irish cattle into England. Among other arguments in favour of Ireland, it was insisted "That by cutting off almost entirely the trade between the kingdoms, all the natural bands of union were dissolved, and nothing remained to keep the Irish in their duty, but force and violence.

"The King (says Mr. Hume in his History of England) was so convinced of the justice of these reasons, that he used all his interest to oppose the bill, and he openly declared, that he could not give his assent to it with a safe conscience. But the Commons were resolute in their purpose. And the spirit of tyranny, of which nations are as susceptible as individuals, had animated the English extremely to exert their superiority over their dependant state. No affair could be conducted with greater violence that this, by the Commons. They even went so far in the preamble of the bill, as to declare the importation of Irish cattle to be a nuisance. By this expression they gave scope to their passion, and at the same time, barred the King's prerogative, by which he might think himself intitled to dispense with a law so full of injustice and bad policy. The lords expunged the word, but as the King was sensible that no supply would be given by the Commons, unless they were gratified in all their prejudices, he was obliged both to employ his interest with the Peers to make the bill pass, and to give the Royal assent to it. He could not however forbear expressing his displeasure, at the jealousy entertained against him, and at the intention which the Commons discovered of retrenching his prerogative."

This law brought great distress for sometime upon Ireland, but it occasioned their applying with great industry to manufactures, and has proved, in the issue, beneficial to that kingdom.

Perhaps the same reason occasioned the "barring the King's prerogative" in the late act suspending the legislation of New-York.

This we may be assured of, that we are as dear to his Majesty, as the people of Great-Britain are. We are his subjects as well as they, and as faithful subjects; and his Majesty has given too many, too constant proofs of his piety and virtue, for any man, to think it possible, that such a Prince can make any unjust distinction between such subjects. It makes no difference to his Majesty, whether supplies are raised in Great-Britain, or America: but it makes some difference, to the Commons of that kingdom.

To speak plainly as becomes an honest man on such important occasions, all our misfortunes are owing to a lust of power in men of abilities and influence. This prompts them to seek popularity, by expedients profitable to themselves, though ever so destructive to their country.

Such is the accursed nature of lawless ambition, and yet--what heart but melts at the thought?--Such false detestable patriots in every nation have led their blind confiding country, shouting their applauses, into the jaws of shame and ruin. May the wisdom and goodness of the people of Great-Britain, save them from the usual fate of nations.

[43] The last Irish parliament continued thirty-three years, that is during all the late reign. The present parliament there, has continued from the beginning of this reign; and probably will continue to the end.

[44] I am informed, that within these few years, a petition was presented to the House of Commons in Great-Britain, setting forth, "that herrings were imported into Ireland, from some foreign parts of the north so cheap, as to discourage the British herring fishery, and therefore praying, that some remedy might be applied in that behalf by parliament"--"That, upon this petition, the House resolved to impose a duty of two shillings sterling on every barrel of foreign herrings imported into Ireland, but afterwards dropt the affair, for fear of engaging in a dispute with Ireland about the right of taxing her."

So much higher was the opinion, which the House entertained of the spirit of Ireland, than of that of these colonies.

I find in the last English papers, that the resolution and firmness with which the people of that kingdom have lately asserted their freedom, have been so alarming in Great-Britain, that the Lord Lieutenant in his speech on the 20th of last October, "recommended" to the parliament, "that such provision may be made for securing the judges in the enjoyment of their offices and appointments during their good behaviour, as shall be thought most expedient."

What an important concession is thus obtained by making demands becoming freemen, with a courage and perseverance becoming freemen.

In the same manner shall we unquestionably be treated, as soon as the late taxes, laid upon us, shall make posts in the "government," and the "administration of justice," here, worth the attention of persons of influence in Great Britain. We know enough already to satisfy us of this truth. But this will not be the worst part of our case.

The principals in all great offices will reside in England, make some paltry allowance to deputies for doing the business here. Let any man consider what an exhausting drain this must be upon us, when ministers are possessed of the power of affixing what salaries they please to posts, and he must be convinced how destructive the late act must be. The injured kingdom, lately mentioned, can tell us the mischiefs of absentees; and we may perceive already the same disposition taking place with us. The government of New York has been exercised by a deputy. That of Virginia is now held so; and we know of a number of secretaryships, collectorships, and other offices held in the same manner.

True it is, that if the people of Great-Britain were not too much blinded by the passions, that have been artfully excited in their breasts, against their dutiful children, the colonists, these considerations would be nearly as alarming to them as to us. The influence of the crown was thought, by wise men many years ago, too great, by reason of the multitude of pensions and places bestowed by it; these have vastly increased since[45] and perhaps it would be no difficult matter to prove that the people have decreased.

[45] One of the reasons urged by that great and honest statesman, Sir William Temple, to Charles II. in his famous remonstrance to dissuade him from aiming at arbitrary power, was, the "King had few offices to bestow."

Hume's Hist. of England.

"Though the wings of prerogative have been clipt, the influence of the crown is greater than ever it was in any period of our history. For when we consider in how many burroughs the government has the voters at command, when we consider the vast body of persons employed in the collection of the revenue in every part of the kingdom, the inconceivable number of placemen, and candidates for places in the customs, in the excise, in the post-office, in the dock-yards, in the ordnance, in the salt-office, in the stamps, in the navy and victualling offices, and in a variety of other departments; when we consider again the extensive influence of the money corporations, subscription jobbers, and contractors: the endless dependance created by the obligations conferred on the bulk of the gentlemen's families throughout the kingdom, who have relations preferred in our navy and numerous standing army; when, I say, we consider how wide, how binding, a dependance on the crown is created by the above enumerated particulars; and the great, the enormous weight and influence which the crown derives from this extensive dependance upon its favour and power; any lord in waiting, any lord of the bedchamber, any man may be appointed minister."

"A doctrine to this effect is said to have been the advice of L---- H----."

Late News papers.

Surely, therefore, those who wish the welfare of their country, ought seriously to reflect what may be the consequence of such a new creation of offices, in the disposal of the crown. The army, the administration of justice, and the civil government here, with such salaries as the crown shall please to annex, will extend ministerial influence, as much beyond its former bounds, as the late war did the British dominions.

But whatever the people of Great-Britain may think on this occasion, I hope the people of these colonies will unanimously join in this sentiment, that the late act of parliament is injurious to their liberty; and that this sentiment will unite them in a firm opposition to it, in the same manner as the dread of the Stamp-act did.

Some persons may imagine the sums to be raised by it, are but small, and therefore may be inclined to acquiesce under it. A conduct more dangerous to freedom, as before has been observed, can never be adopted. Nothing is wanted at home but a precedent, the force of which shall be established, by the tacit submission of the colonies. With what zeal was the statute erecting the post-office, and another relating to the recovery of debts in America, urged and tortured, as precedents in the support of the Stamp-act, though wholly inapplicable. If the parliament succeeds in this attempt, other statutes will impose other duties. Instead of taxing ourselves as we have been accustomed to do from the first settlement of these provinces; all our useful taxes will be converted into parliamentary taxes on our importations; and thus the parliament will levy upon us such sums of money as they chuse to take, without any other limitation than their pleasure.

We know how much labour and care have been bestowed by these colonies, in laying taxes in such a manner, that they should be most easy to the people, by being laid on the proper articles; most equal, by being proportioned to every man's circumstances; and cheapest by the method directed for collecting them.

But parliamentary taxes will be laid on us without any consideration, whether there is any eassier mode. The only point regarded will be, the certainty of levying the taxes, and not the convenience of the people, on whom they are to be levied, and therefore all statutes on this head will be such as will be most likely, according to the favourite phrase, "to execute themselves."

Taxes in every free state have been, and ought to be as exactly proportioned, as is possible, to the abilities of those who are to pay them. They cannot otherwise be just. Even a Hottentot could comprehend the unreasonableness, of making a poor man pay as much for defending the property of a rich man, as the rich man pays himself.

Let any person look into the late act of parliament, and he will immediately perceive, that the immense estates of Lord Fairfax, Lord Baltimore,[46] and our proprietors, which are amongst "his Majesty's other dominions" to be "defended, protected and secured" by that act will not pay a single farthing of the duties thereby imposed, except Lord Fairfax wants some of his windows glazed. Lord Baltimore, and our proprietors are quite secure, as they live in England.

[46] The people of Maryland and Pennsylvania have been engaged in the warmest disputes, in order to obtain an equal and just taxation of their proprietors estates; but the late act does more for these proprietors than they themselves would venture to demand. It totally exempts them from taxation.

I mention these particular cases as striking instances, how far the late act is a deviation from that principle of justice, which has so constantly distinguished our own laws on this continent.

The third consideration with our continental assemblies in laying taxes has been the method of collecting them. This has been done by a few officers under the inspection of the respective assemblies, with moderate allowances. No more was raised from the subject, than was used for the intended purposes. But by the late act, a minister may appoint as many officers as he pleases for collecting the taxes; may assign them what salaries he thinks "adequate" and they are to be subject to no inspection but his own.

In short, if the late act of parliament takes effect, these colonies must dwindle down into "common corporations," as their enemies in the debates concerning the repeal of the Stamp-act, strenuously insisted they were: and it is not improbable, that some future historians will thus record our fall.

"The eighth year of this reign was distinguished by a very memorable event, the American colonies then submitting for the first time, to be taxed by the British parliament. An attempt of this kind had been made two years before, but was defeated by the vigorous exertions of the several provinces in defence of their liberties. Their behaviour on that occasion rendered their name very celebrated for a short time all over Europe; all states being extremely attentive to a dispute between Great-Britain and so considerable a part of her dominions. For as she was thought to be grown too powerful by the successful conclusion of the late war she had been engaged in, it was hoped by many, that as it had happened before to other kingdoms, civil discords would afford opportunities of revenging all the injuries supposed to be received from her. However the cause of dissention was removed by a repeal of the statute, that had given offense. This affair rendered the submissive conduct of the colonies so soon after, the more extraordinary; there being no difference between the modes of taxation which they opposed, and that to which they submitted, but this, that by the first, they were to be continually reminded that they were taxed, by certain marks stampt on every piece of paper or parchment, they used. The authors of that statute triumphed greatly on this conduct of the colonies, and insisted that if the people of Great-Britain, had persisted in enforcing it, the Americans would have been in a few months so fatigued with the efforts of patriotism, that they would quickly have yielded obedience.

"Certain it is, that though they had before their eyes so many illustrious examples in their mother country, of the constant success attending firmness and perseverance in opposition to dangerous encroachments on liberty, yet they quietly gave up a point of the last importance. From thence the decline of their freedom began, and its decay was extremely rapid; for as money was always raised upon them by the parliament, their assemblies grew immediately useless and in a short time contemptible; and in less than one hundred years, the people sunk down into that tameness and supineness of spirit by which they still continue to be distinguished."

_Et majores vestros et posteros cogitate._

Remember your ancestors and your posterity.

A FARMER.

LETTER XI.

_Beloved Countrymen,_

I have several times, in the course of these letters, mentioned the late act of parliament, as being the foundation of future measures injurious to these colonies; and the belief of this truth I wish to prevail, because I think it necessary to our safety.

A perpetual jealousy respecting liberty, is absolutely requisite in all free states. The very texture of their constitution, in mixt governments, demands it. For the cautions with which power is distributed among the several orders, imply, that each has that share which is proper for the general welfare, and therefore, that any further imposition mull be pernicious. [47]Machiavel employs a whole chapter in his discourses, to prove that a state, to be long lived, must be frequently corrected, and reduced to its first principles. But of all states that have existed, there never was any, in which this jealousy could be more proper than in these colonies. For the government here is not only mixt, but dependant, which circumstance occasions a peculiarity in its form, of a very delicate nature.

[47] Machiavel's discourses. Book 3, chap. 1.

Two reasons induce me to desire, that this spirit of apprehension may be always kept up among us, in its utmost vigilance. The first is this, that as the happiness of these provinces indubitably consists in their connection with Great-Britain, any separation between them is less likely to be occasioned by civil discords, if every disgusting measure is opposed singly, and while it is new: for in this manner of proceeding, every such measure is most likely to be rectified. On the other hand, oppressions and dissatisfactions being permitted to accumulate--if ever the governed throw off the load, they will do more. A people does not reform with moderation. The rights of the subject therefore cannot be too often considered, explained, or asserted: and whoever attempts to do this, shews himself, whatever may be the rash and peevish reflections of pretended wisdom, and pretended duty, a friend to those who injudiciously exercise their power, as well as to them, over whom it is so exercised.

Had all the points of prerogative claimed by Charles I. been separately contested and settled in preceding reigns, his fate would in all probability have been very different, and the people would have been content with that liberty which is compatible with regal authority. But[48] he thought, it would be as dangerous for him to give up the powers which at any time had been by usurpation exercised by the crown, as those that were legally vested in it. This produced an equal excess on the part of the people. For when their passions were excited by multiplied grievances, they thought it would be as dangerous for them, to allow the powers that were legally vested in the crown, as those which at any time had been by usurpation exercised by it. Acts, that might by themselves have been upon many considerations excused or extenuated, derived a contagious malignancy and odium from other acts, with which they were connected. They were not regarded according to the simple force of each, but as parts of a system of oppression. Every one therefore, however small in itself, being alarming, as an additional evidence of tyrannical designs. It was in vain for prudent and moderate men to insist, that there was no necessity to abolish royalty. Nothing less than the utter destruction of monarchy, could satisfy those who had suffered, and thought they had reason to believe, they always should suffer under it.

[48] The author is sensible that this is putting the gentlest construction on Charles' conduct; and that is one reason why he chuses it. Allowance ought to be made for the errors of those men, who are acknowledged to have been possessed of many virtues. The education of that unhappy Prince, and his confidence in men not so good and wise as himself, had probably filled him with mistaken notions of his own authority, and of the consequences that would attend concessions of any kind to a people, who were represented to him as aiming at too much power.

The consequences of these mutual distrusts are well known: But there is no other people mentioned in history, that I recollect, who have been so constantly watchful of their liberty, and so successful in their struggles for it, as the English. This consideration leads me to the second reason, why I "desire that the spirit of apprehension may be always kept up among us in its utmost vigilance."

The first principles of government are to be looked for in human nature. Some of the best writers have asserted, and it seems with good reason, that "government is founded on [49]opinion."

[49] "Opinion is of two kinds, viz. opinion of interest, and opinion of right. By opinion of interest, I chiefly understand, the sense of public advantage which is reaped from government; together with the persuasion, that the particular government which is established, is equally advantageous with any other, that could be easily settled."

"Right is of two kinds, right to power, and right to property. What prevalence opinion of the first kind has over mankind may easily be understood, by observing the attachment which all nations have to their ancient government, and even to those names which have had the sanction of antiquity. Antiquity always begets the opinion of right." "It is sufficiently understood, that the opinion of right to property, is of the greatest moment in all matters of government."

Hume's Essays.

Custom undoubtedly has a mighty force in producing opinion, and reigns in nothing more arbitrarily than in public affairs. It gradually reconciles us to objects even of dread and detestation; and I cannot but think these lines of Mr. Pope, as applicable to vice in politics, as to vice in ethics.

'Vice is a monster of so horrid mien, As to be hated, needs but to be seen; Yet seen too oft, familiar with her face, We first endure, then pity, then embrace.'

When an act injurious to freedom has been once done, and the people bear it, the repetition of it is most likely to meet with submission. For as the mischief of the one was found to be tolerable, they will hope that of the second will prove so too; and they will not regard the infamy of the last, because they are stained with that of the first.