by Nathan Allen
“There is, says he, one thing more I have heard often urged against the charter colonies, and indeed tis what one meets with from people of all conditions and qualities, tho’ with due respect to their better judgments, I can see neither reason nor colour for it. ‘Tis said that their increasing numbers and wealth, joined to their great distance from Britain, will give them an opportunity, in the course of some years, to throw off their dependence on the nation, and declare themselves a free state, if not curb’d in time, by being made entirely subject to the crown.”
This jealousy has been so long talked of, that many seems to believe it really well grounded. Not that there is danger of a “revolt,” even in the opinion of the author of the administration, but that the colonists will by fraud or force avail themselves, in “fact or in deed,” of an independent legislature. This, I think, would be a revolting with a vengeance. What higher revolt can there be, than for a province to assume the right of an independent legislative, or state? I must therefore think this a greater aspersion on the Colonists, than to charge them with a design to revolt, in the sense in which the Gentleman allows they have been abused: It is a more artful and dangerous way of attacking our liberties, than to charge us with being in open rebellion. That could be confuted instantly: but this seeming indirect way of charging the colonies, with a desire of throwing off their dependency, requires more pains to confute it than the other, therefore it has been recurred to. The truth is, Gentlemen have had departments in America, the functions of which they have not been fortunate in executing. The people have by these means been rendered uneasy, at bad Provincial measures. They have been represented as factious, seditious, and inclined to democracy whenever they have refused passive obedience to provincial mandates, as arbitrary as those of a Turkish Bashaw: I say, Provincial mandates; for to the King and Parliament they have been ever submissive and obedient.
These representations of us, many of the good people of England swallow with as much ease, as they would a bottle-bubble, or any other story of a cock and a bull; and the worst of it is, among some of the most credulous, have been found Stars and Garters. However, they may all rest assured, the Colonists, who do not pretend to understand themselves so well as the people of England; tho’ the author of the Administration makes them the fine compliment, to say, they “know their business much better,” yet, will never think of independency. Were they inclined to it, they know the blood and the treasure it would cost, if ever effected; and when done, it would be a thousand to one if their liberties did not fall a sacrifice to the victor.
We all think ourselves happy under Great-Britain. We love, esteem and reverence our mother country, and adore our King. And could the choice of independency be offered the colonies, or subjection to Great-Britain upon any terms above absolute slavery, I am convinced they would accept the latter. The ministry, in all future generations may rely on it, that British America will never prove undutiful, till driven to it, as the last fatal resort against ministerial oppression, which will make the wisest mad, and the weakest strong.
These colonies are and always have been, “entirely subject to the crown,” in the legal sense of the terms. But if any politician of “tampering activity, of wrongheaded inexperience, misted to be meddling,” means, by “curbing the colonies in time,” and by “being made entirely subject to the crown;” that this subjection should be absolute, and confined to the crown, he had better have suppressed his wishes. This never will nor can be done, without making the colonists vassals of the crown. Subjects they are; their lands they hold of the crown, by common soccage, the freest feudal tennure, by which any hold their lands in England, or any where else. Would these gentlemen carry us back to the state of the Goths and Vandals, and revive all the military tenures and bondage which our fore-fathers could not bear? It may be worth nothing here, that few if any instances can be given, where colonies have been disposed to forsake or disobey a tender mother: But history is full of examples, that armies, stationed as guards over provinces, have seized the prey for their general, and given him a crown at the expence of his master. Are all ambitious generals dead? Will no more rise up hereafter? The danger of a standing army in remote provinces is much greater to the metropolis, than at home. Rome found the truth of this assertion, in her Sylla’s, her Pompey’s and Caesars; but she found it too late: Eighteen hundred years have roll’d away since her ruin. A continuation of the same liberties that have been enjoyed by the colonists since the revolution, and the same moderation of government exercised towards them, will bind them in perpetual lawful and willing subjection, obedience and love to Great-Britain: She and her colonies will both prosper and flourish: The monarchy will remain in sound health and full vigor at that blessed period, when the proud arbitrary tyrants of the continent shall either unite in the deliverance of the human race, or resign their crowns. Rescued, human nature must and will be, from the general slavery that has so long triumphed over the species. Great-Britain has done much towards it: What a Glory will it be for her to complete the work throughout the world!
The author of the Administration (page 54) “describes” the defects of the “provincial courts,” by a “very description,” the first trait of which is, “The ignorance of the judges.” Whether the description, or the description of the description, are verily true, either as applied by Lord Hale, or the Administrator, is left to the reader. I only ask, who makes the judges in the provinces? I know of but two colonies, viz. Connecticut and Rhode-Island, where they are chosen by the people. In all other colonies, they are either immediately appointed by the crown, or by his Majesty’s governor, with the advice of what the Administrator calls, the “governor’s council of state.” And if they are in general such ignorant creatures, as the Administrator describes them, ‘tis the misfortune, not the fault, of the people, in the colonies. However, I believe, justice in general, is as well administered in the colonies, as it will be when every thing is devolved upon a court of admiralty, general or provincial. The following is very remarkable. “In those popular governments, and where every executive officer is under a dependence for a temporary, wretched, and I had almost said arbitrary support, on the deputies of the people.”
Why is the temporary support found fault with? Would it be wise to give a governor a salary for a longer time than his political life? As this is quite as uncertain as his natural life, it has been granted annually. So every governor has the chance of one year’s salary after he is dead. All the King’s officers, are not even in the charter provinces “dependent on the people” for support. The judges of the admiralty, those mirrors of justice, to be trusted, when none of the common law courts are, have all their commissions from home. These, besides other fees, have so much per cent on all they condemn, be it right or wrong, and this by act of parliament. Yet so great is their integrity, that it never was suspected that 50 per cent, if allowed, would have any influence on their decrees.
Custom-house officers universally, and Naval-officers, in all but two or three of the colonies, are, I believe, appointed directly from home, or by instruction to the Governor: and take just what they please, for any restraint they are under by the provincial acts. But on whom should a Governor depend for his honorable support, but the people? Is not the King fed from the field, and from the labor of his people? Does not his Majesty himself receive his aids from the free grant of his parliament? Do not all these originate in the house of commons? Did the house of Lords ever originate a grant? Do not our law books inform us that the Lords only assent or dissent, but never so much as propose an amendment, on a money bill? The King can take no more than the Parliament will give him, and yet some of his Governors have tho’t it an insufferable hardship, that they could not take what they pleased. To take leave of the administrator, there are in his book some good hints, but a multiplicity of mistakes in fact, and errors in matters of right, which I have not time to mention particularly.
Ireland is a conquered kingdom; and yet have tho’t they received very har
d measure in some of the prohibitions and restrictions of their trade. But were the colonies ever conquered? Have they not been subjects and obedient, and loyal from their settlement? Were not the settlements made under the British laws and constitution? But if the colonies were all to be considered as conquered, they are entitled to the essential rights of men and citizens. And therefore admitting the right of prohibition, in its utmost extent and latitude; a right of taxation can never be infer’d from that. It may be for the good of the whole, that a certain commodity should be prohibited: But this power should be exercised, with great moderation and impartiality, over dominions, which are not represented, in the national parliament. I had however rather see this carried with a high hand, to the utmost rigor, than have a tax of one shilling taken from me without my consent. A people may be very happy; free and easy among themselves, without a particular branch of foreign trade: I am sure these colonies have the natural means of every manufacture in Europe, and some that are out of their power to make or produce. It will scarcely be believed a hundred years hence, that the American manufactures could have been brought to such perfection, as they will then probably be in, if the present measures are pushed. One single act of parliament, we find has set people a thinking, in six months, more than they had done in their whole lives before. It should be remembered, that the most famous and flourishing manufactures, of wool, in France, were begun by Lewis 14, not an hundred years ago; and they now bid fair to rival the English, in every port abroad. All the manufactures that Great-Britain could make, would be consumed in America, and in her own plantations, if put on a right footing; for which a greater profit in return would be made, than she will ever see again for woollen sent to any part of Europe.
But tho’ it be allow’d, that liberty may be enjoy’d in a comfortable measure, where prohibitions are laid on the trade of a kingdom or province; yet if taxes are laid on either, without consent, they cannot be said to be free. This barrier of liberty being once broken down, all is lost. If a shilling in the pound may be taken from me against my will, why may not twenty shillings; and if so, why not my liberty or my life? Merchants were always particularly favor’d by the common law—”All merchants, except enemies, may safely come into England, with their goods and merchandize”—2 Inst. 28.—And why not as well to the plantations? Are they not entitled to all the British privileges? No. they must be confined in their imports and exports to the good of the metropolis. Very well, we have submitted to this. The act of navigation is a good act, so are all that exclude foreign manufactures from the plantations, and every honest man will readily subscribe to them. Moreover, “Merchant strangers, are also to come into the realm and depart at pleasure; and they are to be friendly entertained.” 2 Ri. C. 1. But to promote the manufactures of England, ‘tis tho’t best to shut up the colonies in a manner from all the world. Right as to Europe: But for God’s sake, must we have no trade with other colonies? In some cases the trade betwen British colony and colony is prohibited, as in wool, &c. Granting all this to be right, is it not enough? No. duties and taxes must be paid without any consent or representation in parliament. The common law, that inestimable privilege of a jury, is also taken away in all trials in the colonies, relating to the revenue, if the informers have a mind to go the admiralty; as they ever have done, and ever will do, for very obvious reasons. “It has ever been boasted, says Mr. Dummer in his defence of the charters, as the peculiar privilege of an Englishman, and the security of his property, to be tryed by his country, and the laws of the land: Whereas this admiralty method deprives him of both, as it puts his estate in the disposal of a single person, and makes the civil law the rule of judgment; which tho’ it may not properly be called foreign being the law of nations, yet ‘tis what he has not consented to himself, nor his representative for him. A jurisdiction therefore so founded, ought not to extend beyond what necessity requires”—”If some bounds are not set to the jurisdiction of the admiralty, beyond which it shall not pass, it may in time, like the element to which it ought to be confin’d, grow outrageous, and overflow the banks of all the other courts of justice.” I believe it has never been doubted by one sound, common lawyer of England, whether a court of admiralty ever answer’d many good ends; “the court of King’s bench has a power to restrain the court of admiralty in England; and the reasons for such restraining power are as strong in New England as in Great-Britain,” and in some respects more so; Yet Mr. Dummer mentions, a clamour that was raised at home by a judge of the admiralty for New England, who complain’d “that the common law courts by granting prohibitions, weaken, and in a manner suppress the authority of this court, and all the good ends for which it was constituted.” Thus we see, that the court of admiralty long ago discover’d, no very friendly disposition towards the common law courts here; and the records of the house of Representatives afford us a notable instance of one, who was expelled the house, of which he had been an unworthy member, for the abusive misrepresentations of the province, by him secretly made.
Trade and traffick, says Lord Coke, “is the livelihood of a merchant, the life of the commonwealth, wherein the King and every subject hath interest; for the merchant is the good Bailiff of the realm, to export and vent the native commodities of the realm, and to import and bring in, the necessary commodities for the defence and benefit of the Realm—2 Inst. 28. reading on Magna Charta. C. 15—And are not the merchants of British America entitled to a livelihood also? Are they not British subjects? Are not an infinity of commodities carried from hence for the benefit of the realm, for which in return come an infinity of trifles, which we could do without? Manufactures we must go into if our trade is cut off; our country is too cold to go naked in, and we shall soon be unable to make returns to England even for necessaries.
“When any law or custom of parliament is broken, and the crown possessed of a precedent, how difficult a thing is it to restore the subject again to his former freedom and safety?” 2. Inst. on the confirmation of the great charter—which provides in these words: “And for so much as divers people of our realm, are in fear, that the aids and talks which they have given to us before time, towards our wars, and other business of their own grant and good will (howsoever they were made) might turn to a bondage to them and their heirs, because they might be at another time found in the rolls, and likewise for the prices taken throughout the realm by our ministers; We have granted for us and our heirs, that we shall not draw such aids, talks nor prices into a custom, for any thing that hath been done heretofore, be it by roll, or any other precedent that may be founden.”
By the first chapter of this act, the great charter is declared to be the common law. I would ask, whether we have not reason to fear, that the great aids, freely given by these provinces in the late war, will in like manner turn to our bondage, if they are to be kept on and increased during a peace, for the maintenance of a standing army here?—If tis said those aids were given for our own immediate defence, and that England spent millions in the same cause; I answer: The names of his present Majesty, and his royal Grand-father, will be ever dear to every loyal British American, for the protection they afforded us, and the salvation, under God, effected by their arms; but with regard to our fellow-subjects of Britain, we never were a whit behind hand with them. The New England Colonies in particular, were not only settled without the least expence to the mother country, but they have all along defended themselves against the frequent incursions of the most inhuman Salvages, perhaps on the face of the whole earth, at their own cost: Those more than brutal men, spirited and directed by the most inveterate, as well as most powerful enemy of Great Britain, have been constantly annoying our infant settlements for more than a century; spreading terror and desolation and sometimes depopulating whole villages in a night: yet amidst the fatigues of labor, and the horrors of war and bloodshed, Heaven vouchsaf’d its smiles. Behold, an extensive territory, settled, defended, and secured to his Majesty, I repeat it, without the least expence to the mother country, till with
in twenty years past! —When Louisbourg was reduced to his late Majesty, by the valor of his New-England subjects, the parliament, it must be own’d, saw meet to refund part of the charges: And every one knows the importance of Louisbourg, in the consultations of Aix la Chapple; but for the loss of our young men, the riches and strength of a country, not indeed slain by the enemy, but overborn by the uncommon hardships of the siege, and their confinement in garrison afterwards, there could be no recompence made.—In the late war, the northern colonies not only rais’d their full quota of men, but they went even beyond their ability: they are still deeply in debt, notwithstanding the parliamentary grants, annually made them, in part of their expences, in the common, national, cause: Had it not been for those grants, they had all been bankrupt long ago; while the sugar colonies, have born little or no share in it: They indeed sent a company or two of Negroes and Molattoes, if this be worth mentioning, to the sieges of Gaudaloupe, Martineco and the Havanna: I do not recollect any thing else that they have done; while the flower of our youth were annually pressed by ten thousands into the service, and there treated but little better, as we have been told, than hewers of wood and drawers of water. Provincial acts for impressing were obtained, only by letters of requisition from a secretary of state to a Governor; requiring him to use his influence to raise men; and sometimes, more than were asked for or wanted, were pressed, to give a figure to the Governor, and shew his influence; a remarkable instance of which might be mentioned. I would further observe, that Great-Britain was as immediately interested in the late war in America, as the colonies were. Was she not threatned with an invasion at the same time we were? Has she not an immense trade to the colonies? The British writers say, more than half her profitable trade is to America: All the profits of our trade center there, and is little enough to pay for the goods we import. A prodigious revenue arises to the Crown on American exports to Great-Britain, which in general is not murmured at: No manufacture of Europe besides British, can be lawfully bro’t here; and no honest man desires they ever should, if the laws were put in execution upon all. With regard to a few Dutch imports that have made such a noise, the truth is, very little has been or could be run, before the apparatus of guardships; for the officers of some ports did their duty, while others may have made a monopoly of smuggling, for a few of their friends, who probably paid them large contributions; for it has been observed, that a very small office in the customs in America has raised a man a fortune sooner than a Government. The truth is, the acts of trade have been too often evaded; but by whom? Not by the American merchants in general, but by some former custom-house officers, their friends and partizans. I name no man, not being about to turn informer: But it has been a notorious grievance, that when the King himself cannot dispense with an act of parliament, there have been custom-house officers who have practiced it for years together, in favor of those towards whom they were graciously disposed.
