cause depended upon the clearness and force of argument, or had each party pu themfelves in the other's place for a little time, the controverfy might foon have ended. But when perfons in power form arguments coficerning the rights of other men, they are often ready to be so blinded with the intoxicating idea of fo dominion, that they cannot perceive the truth clearly; and thofe who defend their own rights when they have a jealoufy of government,' are ready to mingle envy with found reafoning. It is not to be fuppofed that men under the influence of the fpirit of party, will clearly fee and admit all the force of their opponents arguments, after times will determine with more inpartiality and juftnefs which of the arguments ufed in this difpute are the molt folid and convincing, The infpartial hiftorian cannot help in his own judgment to take a fide; but with regard to his determinations for others, ought not to be too pofitive. I fhall as briefly as poffible give an abstract of the arguments on both fides of the queftion, and leave the reader to determine for himself on which fide the truth refts. But it must be obferved that while the colonies carry their ideas of liberty to the highest pitch, their opponents feem to imagine that a perfon by becoming a colonift, forfeits every birthright and privilege of an Englishman. b. When the point concerning the right of taxation came to be debated in parliament, it was faid upon the fide of the colonies, That by going up to MAGNA CHARTA, and referring to feveral writs upon record, fflued out for the purpose of raifing taxes for the crown, and for fending reprefentatives to parliament, as well as from the bill of rights, it appears thoughout the whole hiftory of our conftitution, that no British fubject can be taxed except per communem Confenfum parliamenti, that is, of himself or his own reprefentative; and this is that first and general right as British fubjects, with which the first inhabitants of the colonies emigrated; for the right does not depend upon their charters: the charters were but the exterior modeling of the constitution of the colonies but the great interior fundamental of their conftitu. tion, is this general right of a British subject, which à is the very first principle of British liberty-No man fhall be taxed but by himself, or by his reprefenta tive. * "That the counties palatine of Chester, Durham, and Lancaster, were not taxed but in their own affemblies or parliament; till at different periods in our history they were melted into our prefent form of liamentary reprefentation. clergy till very lately taxed J Par That the body of the themfelves, and granted the king benevolences. That the marches of Wales had a right of taxing them felves, till they had fent members to parliament. And from this circumftance has continued the ftile of the king's proclamations and of our acts of parliament to this day, although unneceffarily to be named, efpecially the principality of Wales, and the town of Monmouth, as they do that of Berwick. "That many people carry ment too far, in fuppofingeir idea of a parlia 7301 that a parliament can do every thing: but that is not true, and if it were, it is not right conftitutionally, for there might be an arbitrary power in parliament as well as in one man. There are many things a parliament cannot do. It cannot make itfelf executive, nor difpofe of offices that bẹlong to the crown. It cannot take any man's property even that of the meaneft cottager, as in the cafes of inclofures, without his being heard. "The The lords cannot reject a money bill from the commons, nor the commons erect themselves into a court of justice. The parliament could not tax the clergy, till fuch time as they were reprefented in parliament. Nor can the parliament of England tax Ireland. The charters of the colonies, which are derived from the prerogative, are in fact only fo many grants from the crown, are not the only rights the colonies have to being reprefented before they are taxed: they as British subjects take up their rights and liberties from a higher origin than their charters only. They take them up from the fame origin and foundation, from whence they flew to all Englishmen, from magna charta, and the natural right of the fubject. By that rule of right, the charters of the colonies, like all other crown grants, are to be reftricted and interpreted, for the benefit, not the prejudice of the fubjects. Had the firft inhabitants of the colonies renounced all connection with their mother country, they might have renounced their original right; but when they emigrated under the authority of the crown, and the national fanction, they' went out from hence at the hazard of their lives and fortunes, with all the firft great privilieges of Englishmen on their backs. But at the fame they were not bound, nor could be bound by the penal laws of this country, from the feverity of which they fled, to climates remote from the heavy hand of power; and which they hoped to find more friendly to their principles of civil and religious liberty. It is upon this ground that it has been univerfally received as law, that no acts of parliament made here, and particularly those which enact any penalties, are binding upon the colonists, unless they are exprefly named. The inhabitants of the colonies once removed from the domeftic domeftic legiflation of the mother country, are no more dependent upon it in the general system, than the Isle of Man is, or than in the feudal fyftem of Europe, many fubordinate principalities are dependent on the jurifdiction of the Seignior Suzerain, or Lord Paramount, but owing only a limited obedience. "It is not meant by what has been faid, to affect the cafe of any external duties laid upon their ports, or of any restrictions which by the act of navigation, or other acts, are laid upon their commerce: for they are in the fame cafe as all other colonies belonging to the reft of the maritime powers in Europe, who have fhut up their colonies, which out-grew their mother countries, fuch as Carthage, the northern emigrants, &c. Precedents were alfo quoted from what happened in the Netherlands, and other places, which fhould ferve as a beacon to warn us from purfuing fuch mea. fures as brought about thofe revolutions." about American American free The arguments that were used without doors on both fides were much of the fame nature with the following: "What a noife" fays an advocate on the one fide "have we had of late charters, American legiflation, holders, and the privileges of thofe freeholders? But is there any legiflation in America? Are there any freeholders there? No man who knows any thing of the law of England will affert that there is any legiflation in America, or one freeholder in that part of the world. The King has no power of legiflation, and he cannot by his charters convey to any clafs of his fubjects a power not refident in the crown. The parliament, including his Majefty, as the head thereof, has a power of legiflation, but they poffefs that power unalienably. "The "The power of legislation is not a chattel to be dif pofed of by grant or other conveyance. It is a truit granted by the common, law for the good of the community, and for their good, muft remain with the auguft,body in which it refides. The power of making bye-laws, for the utility of fubordinate bodies politic is a quite different. affair. That, power is often created by the parliament, which has effentially, in itfelf, all the powers of government. But charters from the crown not confirmed, in parliament, can convey no ju. rifdiction whatever, becaufe the king is not the foun tain of law, as he is of honour, dergo to tillaria honour.uti All our courts from thofe in Westminster-hall to thofe in manors, are founded on the custom of England time cut of mind, or upon the law of the lands that is ftatutes, made in parliament. The parliament only can create new courts and new jurifdictions. But as the King muft govern by the law, he cannot make that law upon which his authority refts, nor by his charters convey to others a power which he enjoys not.... t Every foot of ground in England lies in fome manor, which is itself the creature of cuftom time out of mind. Thefe manors anciently poffeffed all jurif diction civil and criminal; and this jurifdiction was exerted in the court of freeholders, in which the lord, or his fteward, was the judge, the freeholders ferving as jurors by virtue of their freeholds. Thus you fee that our freeholders are, by virtue of their freehold, poffeffed of a radical judicative authority in manors, which they are entitled to by the common law, and poffefs their estates by the fame tenure, by which his Majefty holds his crown. They are indebted to no prince for this eftate and judicative, autho rity thereto appendant. Their title to their lands is a |