Part 5

Why was the _Stamp-act_ then so pernicious to freedom? It did not enact, that every man in the colonies _should_ buy a certain quantity of paper--No: It only directed, that no instrument of writing should be valid in law, if not made on stamp paper, &c.

The makers of that act knew full well, that the confusions that would arise upon the disuse of writings would COMPEL the colonies to use the stamp paper, and therefore to pay the taxes imposed. For this reason the _Stamp-act_ was said to be a law THAT WOULD EXECUTE ITSELF. For the very same reason, the last act of parliament, if it is granted to have any force here, will execute itself, and will be attended with the very same consequences to _American Liberty_.

Some persons perhaps may say, that this act lays us under no necessity to pay the duties imposed, because we may ourselves manufacture the articles on which they are laid: whereas by the Stamp-act no instrument of writing could be good, unless made on British paper, and that too stampt.

Such an objection amounts to no more than this, that the injury resulting to these colonies, from the total disuse of British paper and glass, will not be _so afflicting_ as that which would have resulted from the total disuse of writing among them; for by that means even the stamp-act might have been eluded. Why then was it universally detested by them as slavery itself? Because it presented to these devoted provinces nothing but a choice of calamities, imbittered by indignities, each of which it was unworthy of freemen to bear. But is no injury a violation of right but the _greatest_ injury? If the eluding the payment of the duties imposed by the stamp-act, would have subjected us to a more dreadful inconvenience, than the eluding the payment of those imposed by the late act; does it therefore follow, that the last is no violation of our rights, though it is calculated for the same purpose that the other was, that is, _to raise money upon us_, WITHOUT OUR CONSENT?

This would be making _right_ to consist, not in an exemption from _injury_, but from a certain _degree of injury_.

But the objectors may further say, that we shall sustain no injury at all by the disuse of British paper and glass. We might not, if we could make as much as we want. But can any man, acquainted with America, believe this possible? I am told there are but two or three _glass-houses_ on this continent, and but very few _paper-mills_; and suppose more should be erected, a long course of years must elapse, before they can be brought to perfection. This continent is a country of planters, farmers, and fishermen; not of manufacturers. The difficulty of establishing particular manufactures in such a country, is almost insuperable, for one manufacture is connected with others in such a manner, that it may be said to be impossible to establish one or two, without establishing several others. The experience of many nations may convince us of this truth.

Inexpressible therefore must be our distresses in evading the late acts, by the disuse of British paper and glass. Nor will this be the extent of our misfortunes, if we admit the legality of that act.

_Great-Britain_ has prohibited the manufacturing iron and steel in these colonies, without any objection being made to her right of doing it. The like right she must have to prohibit any other manufacture among us. Thus she is possessed of an undisputed _precedent_ on that point. This authority, she will say, is founded on the _original intention_ of settling these colonies; that is, that she should manufacture for them, and that they should supply her with materials. The _equity_ of this policy, she will also say, has been universally acknowledged by the colonies, who never have made the least objection to statutes for that purpose; and will further appear by the _mutual benefits_ flowing from this usage, ever since the settlement of these colonies.

Our great advocate, Mr. PITT, in his speeches on the debate concerning the repeal of the _Stamp-act_, acknowledged, that Great-Britain could restrain our manufactures. His words are these--"This kingdom, as the supreme governing and legislative power, has _always_ bound the colonies by her regulations and _restrictions_ in trade, in navigation, in _manufactures_----in every thing, _except that of taking their money out of their pockets_, WITHOUT THEIR CONSENT." Again he says, "We may bind their trade, CONFINE THEIR MANUFACTURES, and exercise every power whatever, except that of taking money out of their pockets, WITHOUT THEIR CONSENT."

Here then, let my countrymen, ROUSE yourselves, and behold the ruin hanging over their heads. If they ONCE admit, that Great-Britain may lay duties upon her exportations to us, _for the purpose of levying money on us only_, she then will have nothing to do, but to lay those duties on the articles which she prohibits us to manufacture--and the tragedy of American liberty is finished. We have been prohibited from procuring manufactures, in all cases, any where but from Great-Britain, (excepting linens, which we are permitted to import directly from Ireland). We have been prohibited, in some cases, from manufacturing for ourselves; We are therefore exactly in the situation of a city besieged, which is surrounded by the works of the besiegers in every part _but one_. If _that_ is closed up, no step can be taken, _but to surrender at discretion_. If Great-Britain can order us to come to her for necessaries we want, and can order us to pay what taxes she pleases before we take them away, or when we have them here, we are as abject slaves, as France and Poland can shew in wooden shoes, and with uncombed hair.[12]

[12] The peasants of France wear wooden shoes; and the vassals of Poland are remarkable for matted hair, which never can be combed.

Perhaps the nature of the necessities of the dependant states, caused by the policy of a governing one, for her own benefit, may be elucidated by a fact mentioned in history. When the Carthaginians were possessed of the island of Sardinia, they made a decree, that the Sardinians should not get corn, any other way than from the Carthaginians. Then, by imposing any duties they would, they drained from the miserable Sardinians any sums they pleased; and whenever that oppressed people made the least movement to assert their liberty, their tyrants starved them to death or submission. This may be called the most perfect kind of political necessity.

From what has been said, I think this uncontrovertible conclusion may be deduced, that when a ruling state obliges a dependant state to take certain commodities from her alone, it is implied in the nature of that obligation; and is essentially requisite to give it the least degree of justice; and is inseparably united with it, in order to preserve any share of freedom to the dependant state; that those commodities should never be loaded with duties for the sole purpose of levying money on the dependant state.

The place of paying the duties imposed by the late act, appears to me therefore to be totally immaterial. The single question is, whether the parliament can legally impose duties to be paid _by the people of these colonies only_ FOR THE SOLE PURPOSE OF RAISING A REVENUE, _on commodities which she obliges us to take from her alone_; or, in other words, whether the parliament can legally take money out of our pockets, without our consent. If they can, our boasted liberty is but

_Vox et præterea nihil._ A sound, and nothing else.

A FARMER.

LETTER III.

_Beloved Countrymen_,

I rejoice to find, that my two former letters to you, have been generally received with so much favour by such of you whose sentiments I have had an opportunity of knowing. Could you look into my heart, you would instantly perceive an ardent affection for your persons, a zealous attachment to your interests, a lively resentment of every insult and injury offered to your honour or happiness, and an inflexible resolution to assert your rights, to the utmost of my weak power, to be the only motives that have engaged me to address you.

I am no further concerned in any thing affecting America, than any one of you, and when liberty leaves it I can quit it much more conveniently than most of you: but while divine providence, that gave me existence in a land of freedom, permits my head to think, my lips to speak, and my hand to move, I shall so highly and gratefully value the blessing received, as to take care that my silence and inactivity shall not give my implied assent to any act degrading my brethren and myself from the birthright wherewith heaven itself "_hath made us free_.[13]"

[13] Gal. v. 1.

Sorry I am to learn, that there are some few persons, shake their heads with solemn motion, and pretend to wonder what can be the meaning of these letters. "Great-Britain, they say, is too powerful to contend with; she is determined to oppress us; it is in vain to speak of right on one side, when there is power on the other; when we are strong enough to resist, we shall attempt it; but now we are not strong enough, and therefore we had better be quiet; it signifies nothing to convince us that our rights are invaded, when we cannot defend them, and if we should get into riots and tumults about the late act, it will only draw down heavier displeasure upon us."

What can such men design? What do their grave observations amount to, but this--"that these colonies, totally regardless of their liberties, should commit them, with humble resignation, to _chance_, _time_, and the tender mercies of _ministers_."

Are these men ignorant, that usurpations, which might have been successfully opposed at first, acquire strength by continuance, and thus become irresistible? Do they condemn the conduct of these colonies, concerning the _Stamp-act_? Or have they forgot its successful issue? Ought the colonies at that time, instead of

## acting as they did, to have trusted for relief, to the fortuitous

events of futurity? If it is needless "to speak of rights" now, it was as needless then. If the behaviour of the colonies was prudent and glorious then, and successful too; it will be equally prudent and glorious to act in the same manner now, if our rights are equally invaded, and may be as successful. Therefore it becomes necessary to enquire, whether "our rights _are_ invaded." To talk of "defending" them, as if they could be no otherwise "defended" than by arms, is as much out of the way, as if a man having a choice of several roads to reach his journey's end, should prefer the worst, for no other reason, than because it is the worst.

As to "riots and tumults," the gentlemen who are so apprehensive of them, are much mistaken, if they think, that grievances cannot be redressed without such assistance.

I will now tell the gentlemen, what is "the meaning of these letters." The meaning of them is, to convince the people of these colonies, that they are at this moment exposed to the most imminent dangers; and to persuade them immediately, vigourously, and unanimously, to exert themselves, in the most firm, but most peaceable manner for obtaining relief.

The cause of liberty is a cause of too much dignity, to be sullied by turbulence and tumult. It ought to be maintained in a manner suitable to her nature. Those who engage in it, should breathe a sedate, yet fervent spirit, animating them to actions of prudence, justice, modesty, bravery, humanity, and magnanimity.

To such a wonderful degree were the antient _Spartans_, as brave and as free a people as ever existed, inspired by this happy temperature of soul, that rejecting even in their battles the use of trumpets, and other instruments for exciting heat and rage, they marched up to scenes of havock and horror, with the sound of flutes, to the tunes of which their steps kept pace--"exhibiting, as _Plutarch_ says, at once a terrible and delightful sight, and proceeding with a deliberate valour, full of hope and good assurance, as if some divinity had insensibly assisted them."

I hope, my dear countrymen, that you will in every colony be upon your guard against those who may at any time endeavour to stir you up, under pretences of patriotism, to any measures disrespectful to our sovereign and our mother country. Hot, rash, disorderly proceedings, injure the reputation of a people as to wisdom, valour and virtue, without procuring them the least benefit. I pray God, that he may be pleased to inspire you and your posterity to the latest ages with that spirit, of which I have an idea, but find a difficulty to express: to express in the best manner I can, I mean a spirit that shall so guide you, that it will be impossible to determine, whether an _American_'s character is most distinguishable for his loyalty to his sovereign, his duty to his mother country, his love of freedom, or his affection for his native soil.

Every government, at some time or other, falls into wrong measures; these may proceed from mistake or passion.----But every such measure does not dissolve the obligation between the governors and the governed; the mistake may be corrected; the passion may pass over.

It is the duty of the governed, to endeavour to rectify the mistake, and appease the passion. They have not at first any other right, than to represent their grievances, and to pray for redress, unless an emergency is so pressing, as not to allow time for receiving an answer to their applications which rarely happens. If their applications are disregarded, then that kind of opposition becomes justifiable, which can be made without breaking the laws, or disturbing the public peace. This consists in the prevention of the oppressors reaping advantage from their oppressions, and not in their punishment. For experience may teach them what reason did not; and harsh methods, cannot be proper, till milder ones have failed.

If at length it becomes undoubted, that an inveterate resolution is formed to annihilate the liberties of the governed, the English history affords frequent examples of resistance by force. What

## particular circumstances will in any future case justify such

resistance, can never be ascertained till they happen. Perhaps it may be allowable to say, generally, that it never can be justifiable, until the people are FULLY CONVINCED, that any further submission will be destructive to their happiness.

When the appeal is made to the sword, highly probable it is, that the punishment will exceed the offence; and the calamities attending on war out weigh those preceding it. These considerations of justice and prudence, will always have great influence with good and wise men.

To these reflections on this subject, it remains to be added, and ought for ever to be remembred; that resistance in the case of colonies against their mother country, is extremely different from the resistance of a people against their prince. A nation may change their King or race of Kings, and retain their antient form of government, be gainers by changing. Thus Great-Britain, under the illustrious house of Brunswick, a house that seems to flourish for the happiness of mankind, has found a felicity, unknown in the reigns of the Stuarts. But if once we are separated from our mother country, what new form of government shall we accept, or when shall we find another Britain to supply our loss? Torn from the body to which we are united by religion, liberty, laws, affections, relations, language, and commerce, we must bleed at every vein.

In truth, the prosperity of these provinces is founded in their dependance on Great-Britain; and when she returns to "her old good humour, and old good nature," as Lord Clerendon expresses it, I hope they will always esteem it their duty and interest, as it most certainly will be, to promote her welfare by all the means in their power.

We cannot act with too much caution in our disputes. Anger produces anger; and differences that might be accommodated by kind and respectful behaviour, may by imprudence be changed to an incurable rage.

In quarrels between countries, as well as in those between individuals, when they have risen to a certain heighth, the first cause of dissention is no longer remembred, the minds of the parties being wholly engaged in recollecting and resenting the mutual expressions of their dislike. When feuds have reached that fatal point, all considerations of reason and equity vanish; and a blind fury governs, or rather confounds all things. A people no longer regards their interest, but the gratification of their wrath. The sway of the Cleon's,[14] and Clodius's, the designing and detestable flatters of the prevailing passion, becomes confirmed.

[14] Cleon was a popular firebrand of Athens and Clodius of Rome; each of them plunged his country into the deepest calamities.

Wise and good men in vain oppose the storm, and may think themselves fortunate, if, endeavouring to preserve their ungrateful fellow citizens, they do not ruin themselves. Their prudence will be called baseness; their moderation, guilt; and if their virtue does not lead them to destruction, as that of many other great and excellent persons has done, they may survive, to receive from their expiring country, the mournful glory of her acknowledgment, that their councils, if regarded, would have saved her.

The constitutional modes of obtaining relief, are those which I would wish to see pursued on the present occasion, that is, by petitioning of our assemblies, or, where they are not permitted to meet, of the people to the powers that can afford us relief.

We have an excellent prince, in whose good dispositions towards us we may confide. We have a generous, sensible, and humane nation, to whom we may apply. They may be deceived: they may, by artful men, be provoked to anger against us; but I cannot yet believe they will be cruel or unjust; or that their anger will be implacable. Let us behave like dutiful children, who have received unmerited blows from a beloved parent. Let us complain to our parents; but let our complaints speak at the same time, the language of affliction and veneration.

If, however, it shall happen by an unfortunate course of affairs, that our applications to his Majesty and the parliament for the redress, prove ineffectual, let us then take another step, by withholding from Great-Britain, all the advantages she has been used to receive from us. Then let us try, if our ingenuity, industry, and frugality, will not give weight to our remonstrances. Let us all be united with one spirit in one cause. Let us invent; let us work; let us save; let us at the same time, keep up our claims, and unceasingly repeat our complaints; but above all, let us implore the protection of that infinite good and gracious Being, "by whom kings reign and princes decree justice."

"_Nil desperandum._" Nothing is to be despaired of.

A FARMER.

LETTER IV.

_Beloved Countrymen_,

An objection, I hear, has been made against what I offer in my second letter, which I would willingly clear up before I proceed. "There is," say these objectors "a material difference between the Stamp-act and the late act for laying a duty on paper, &c. that justifies the conduct of those who opposed the former, and yet are willing to submit to the latter. The duties imposed by the Stamp-act, were internal taxes, but the present are external, which therefore the parliament may have a right to impose."----To this I answer, with a total denial of the power of parliament to lay upon these colonies any tax whatever.

This point being so important to this and to all succeeding generations, I wish to be clearly understood.

To the word "Tax," I annex that meaning which the constitution and history of England require to be annexed to it; that it is, an imposition on the subject for the sole purpose of levying money.

In the early ages of our monarchy, the services rendered to the crown, for the general good, were personal;[15] but in progress of time, such institutions being found inconvenient, certain gifts and grants of their own property were made by the people, under the several names of aids, tallages, talks, taxes, subsidies, &c. These were made as may be collected even from the names for public service, "upon need and necessity,"[16] all these sums were levied upon the people by virtue of their voluntary gift.[17] The design of them was to support the national honour and interest. Some of those grants comprehended duties arising from trade, being imports on merchandizes. These Chief Justice Coke classes "under subsides"[18] and "parliamentary aids." They are also called "customs." But whatever the name was, they were always considered as gifts of the people to the crown, to be employed for public uses.

[15] It is very worthy of remark, how watchful our wise ancestors were, least these services should be extended beyond the limits of the law. No man was bound to go out of the realm to serve, and therefore even in the conquering reign of Henry V. when the martial spirit of the nation was inflamed by success to a great degree, they still carefully guarded against the establishment of illegal services. Lord Chief Justice Coke's words are these, "When this point concerning maintainance of wars out of England came in question, the Commons did make their continual claim of their antient freedom and birth-right, as in the first of Henry V. and 7th of Henry V. &c. the Commons made protest that they were not bound to the maintainance of war in Scotland, Ireland, Calais, France, Normandy, or other foreign parts, and caused their protests to be entered into the parliament roll, where they yet remain; which, in effect, agreeth with that, which upon the like occasion was made in the parliament of 25. E. 1." 2d Inst. p. 528.

[16] 4. Inst. p. 28.

[17] _Rege Angliæ nihiltale, nisi convocatis primis ordinibus et assentiente populo, suscipiunt. Phil. Comines._

These gifts entirely depending on the pleasure of the donors, were proportioned to the abilities of the several ranks of people, who gave, and were regulated by their opinion of the public necessities. Thus Edward I. had in his 11th year a thirteenth from the laity, a twentieth from the clergy; in his 22d year, a tenth from the laity, a sixth from London, and other corporate towns, half of their benefices from the clergy; in his 23d year, an eleventh from the barons and others, a tenth from the clergy, and a seventh from the burgesses, &c.

Hume's History of England.

The same difference in the grants of the several ranks, is observable in other reigns. In the famous statute _de tallagio non concedendo_, the King enumerates the several classes, without whose consent he and his heirs should never set or levy any tax. "_Nullum tallagium vel auxilium, per nos, vel hæredes nostros, in regno nostro ponatur seu levetur, sine voluntare et assensu archiepiscoporum, episcoporum, comitum, baronum, militum, burgensium, et aliorum liberorum de regno nostro._" 34 E. I.

Lord Chief Justice Coke in his comment on these words, says, "for the quieting of the Commons, and for a perpetual and constant law for ever after, both in this and other like cases, this act was made." "These words are plain without scruple; absolute without any saving."

2 Coke's Inst. p. 522, 523.

Little did the venerable judge imagine, that "other like cases" would happen, in which the spirit of this law would be despised by Englishmen, the posterity of those who made it.

[18] 4. Inst. p. 28.