Complete Works. Hamilton Alexander

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Complete Works - Hamilton Alexander


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and interest would prompt them to forward it by every possible means. They could not take any so effectual method to destroy the growing power of their great rival. The promises of princes and statesmen are of little weight. They never bind longer than till a strong temptation offers to break them; and they are frequently made with a sinister design. If we consult the known character of the French, we shall be disposed to conclude that their present seemingly pacific and friendly disposition is merely a piece of finesse, intended to dupe the administration into some violent measures with the colonies, that they may improve them to their own advantage. The most that can be expected is, that they would refrain from any open rupture with Great Britain. They would undoubtedly take every clandestine method to introduce among us supplies of those things which we stood in need of to carry on the dispute. They would not neglect any thing in their power to make the opposition on our part as vigorous and obstinate as our affairs would admit of.

      With respect to Holland, notwithstanding express engagements to the contrary, her merchants, during the last war, were constantly supplying the French and Spaniards with military stores and other things they had occasion for. The same, or perhaps more powerful, motives would influence them to assist us in a like manner.

      But it seems to me a mark of great credulity to believe, upon the strength of their assurance, that France and Spain would not take a still more interesting part in the affair. The disjunction of these colonies from Great Britain, and the acquisition of a free trade with them, are objects of too inviting a complexion to suffer those kingdoms to remain idle spectators of the contention. If they found us inclined to throw ourselves upon their protection, they would eagerly embrace the opportunity to weaken their antagonist and strengthen themselves. Superadded to these general and prevailing inducements, there are others of a more particular nature. They would feel no small inconvenience in the loss of those supplies they annually get from us; and their islands in the West Indies would be in the greatest distress for want of our trade.

      From these reflections it is more than probable that America is able to support its freedom, even by the force of arms, if she be not betrayed by her own sons. And in whatever light we view the matter, the consequences to Great Britain would be too destructive to permit her to proceed to extremities, unless she has lost all just sense of her own interest.

      You say: “The grand Congress, the piddling committees, through the continent, have all disclaimed their subjection to the sovereign authority of the empire. They deny the authority of Parliament to make any laws to bind them at all. They claim an absolute independency. Great Britain has no choice but to declare the colonies independent states, or to try the force of arms in order to bring them to a sense of their duty.”

      It is the common trick of ministerial writers, to represent the Congress as having made some new demands, which were unknown to former times; whereas, in truth, they have, in substance, acknowledged the only dependence on Parliament which was ever intended by their predecessors. Nor is it true, that they have claimed an absolute independency. It is insulting common-sense to say so, when it is notorious that they have acknowledged the right of Parliament to regulate the trade of the colonies. Any further dependence on it is unnecessary and dangerous. They have professed allegiance to the British King, and have bound themselves, on any emergency, to contribute their proportion of men and money, to the defence and protection of the whole empire. Can this be called absolute independency? Is it better for Great Britain to hazard the total loss of these colonies, than to hold them upon these conditions? Is it preferable to make enemies of the people of America, instead of being connected with them by the equal tie of fellow-subjects? Is it not madness to run the risk of losing the trade of these colonies, from which the mother country drew . quot;more clear profit than Spain has drawn from all her mines,” because they insist only upon all the essential rights of freemen? You may call it effrontery, consummate assurance, or what you please, to say so; but every man, capable of taking a full prospect of all the probable mischiefs which may result from an open rupture between Great Britain and the colonies, will coincide with me when I affirm that nothing but the most frantic extravagance can influence the administration to attempt the reduction of America by force of arms.

      It is sufficiently evident, from the respective charters, that the rights we now claim are coeval with the original settlement of these colonies. These rights have been, at different times, strenuously asserted, though they have been suffered to be violated in several instances, through inattention, or, perhaps, an unwillingness to quarrel with the mother country. I shall decline producing any other proofs of the sense of the other provinces than those already mentioned, and shall confine myself to a few extracts from the resolves of some assemblies of this province.

      In 1691, there was an act passed by the General Assembly, which contained the following clauses.

      “Be it enacted, by the Governor, Council, and Representatives, met in General Assembly, and it is hereby enacted and declared by the authority of the same, that the supreme legislative power and authority, under their Majesties, William and Mary, King and Queen of England, etc., shall for ever be, and reside, in a Governor-in-Chief and Council, appointed by their Majesties, their heirs and successors, and the people by their representatives met and convened in General Assembly.

      “That no freeman shall be taken or imprisoned, or be deprived of his freehold, or life, or liberty, or free customs, or outlawed, or exiled, or any other-ways destroyed; nor shall be passed upon, adjudged, or condemned, but by the lawful judgment of his peers, and by the law of the province.

      “That no aid, tax, tallage, custom, loan, benevolence, gift, excise, duty, or imposition whatsoever, shall be laid, assessed, imposed, levied, or required of, or on, any of their Majesties’ subjects within this province, etc., or their estates, upon any manner of color or pretence whatsoever, but by the act and consent of the Governor and Council, and Representatives of the people, in General Assembly met and convened.”

      This act shows clearly the sense of his Majesty's representative, his Council, and the Assembly of this province, above eighty years ago, which was, that the supreme legislative authority, and the exclusive power of taxation, should for ever be, and reside, in a Governor-in-Chief and Council appointed by their Majesties, their heirs and successors; and the people, by their representatives met and convened in General Assembly.

      We may also infer from hence, that the other colonies actually enjoyed similar privileges at that time; for it would have been the height of presumption, in this province, to claim such important immunities, had not the others been in possession of the like.

      This act, of itself, confutes all that has been said concerning the novelty of our present claims; and proves, that the injurious reflections on the Congress, for having risen in their demands, are malicious and repugnant to truth.

      You have produced some expressions of the Congress and Assembly of this province, in 1765, which you lay great stress upon. The true meaning of them may be gathered from the following passage, which is taken from the same piece that contains the expressions in question. The Congress speak thus: “It is humbly submitted, whether there be not a material distinction, in reason and sound policy at least, between the necessary exercise of parliament jurisdiction in general Acts for the amendment of the common law and the regulation of trade and commerce through the whole empire, and the exercise of that jurisdiction by imposing taxes on the colonies.”

      They allow only a power of making general acts for the amendment of the common law and for the general regulation of trade. As to any special laws to bind the colonies, in particular, they never intended submission to these; nor could they intend a right to impose special duties of any kind for the purpose of raising a revenue, which is to all intents and purposes a species of taxation.

      The resolves of our Assembly, the last day of December, 1771, about three years afterward, will serve as a full explanation.

      “As it is not only the common birthright of all his Majesty's subjects, but is also essential to the preservation of the peace, strength, and prosperity of the British empire, that an exact equality of constitutional rights among all his Majesty's subjects in the several parts of the empire be uniformly and invariably maintained and supported; and as it


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