Feb. 7th, 1774. "His majesty, taking the and all such statutes as were enacted and in! said report into consideration, was pleased, force at the time in which such settlers went with the advice of his privy-council, to ap- forth, and such colonies and plantations were prove thereof; and to order, that the said pe- established, (except as hereafter excepted) totition of the House of Representatives of the gether with all such alterations and amendprovince of Massachusett's Bay be dismissed ments as the said common law may have rethe board-as groundless, vexatious, and scan-ceived, is from time to time, and at all times, dalous; and calculated only for the seditious the law of those colonies and plantations. purpose of keeping up a spirit of clamour and Rem. So far as they adopt it, by express discontent in the said province." laws or by practice. B. F.

The Constitution of the Colonies, by Go-neral powers and authority of the crown, and vernor Pownall; with Remarks, by Dr.

all statutes respecting tythes, the laws re-ed by special colony laws. If any are not yet specting courts baron and copyholds, the so established, the colonies have right to such game acts, the statutes respecting the poor and settlements, and all other laws and statutes, having special reference to special and local circumstances and establishments within the realm, do not extend to and operate within these settlements, in partibus exteris, where no such circumstances or establishments exist.)

said colonies and plantations can be removed* from the jurisdiction to which he is amenable in all his right, and through which his service and allegiance must be derived to the crown, and from which no appeal lies in criminal causes, so as that such subject may become amenable to a jurisdiction foreign to his natural and legal resiancy; to which he may be thereby transported, and under which he may be brought to trial and receive judgment, contrary to the rights and privileges of the subject, as declared by the spirit and intent and especially by sec. 16 of the habeas corpus act. And if the person of any subject within the said colonies and plantations should be seized or detained by any power is suing from any court, without the jurisdiction of the colony where he then had his legal resiancy, it would become the duty of the courts of justice within such colony (it is undoubtedly of their jurisdiction so to do) to issue the writ of habeas corpus.†

†The-referring to an old act made for the trial of treasons committed out of the realm, by such persons as had no legal resiancy but within the realm, and j who were of the realm, applying the purview of that statute, which was made to bring subjects of the realm who had committed treason out of the realm (where there was no criminal jurisdiction to which they could be amenable) to trial within the realm, under that criminal jurisdiction to which alone by their legal resi ancy and allegiance they were amenable; and apply. ing this to the case of subjects whose legal "resiancy" is without the realm, and who are by that "resiancy", and their allegiance amenable to a jurisdiction authorized and empowered to try and give judgment upon all capital offences whatsoever without appeal; thus applying this statute so as to take up a proceeding, for where there is no legal process either by common or statute law as now established, but in defiance of which there is a legal process established by the habeas

ment and exercise of such commands and commissions would be illegal.*

that having parliaments of our own, and not having representatives in that of Great Britain, our parliaments are the only judges of what we can and what we ought to contribute in this case; and that the English parliament has no right to take our money without our consent. In fact, the British empire is not a single state; it comprehends many; and though the parliament of Great Britain has arrogated to itself the power of taxing the colonies, it has no more right to do so, than it has to tax Hanover. We have the same king, but not the same legislatures.

Rem. The king has the command of all military force in his dominions: but in every distinct state of his dominions there should be the consent of the parliament or assembly (the representative body) to the raising and keeping up such military force. He cannot even raise troops and quarter them in another, without the consent of that other. He cannot of right bring troops raised in Ireland and quarter them in Britain, but with the consent of the parliament of Britain: nor carry to Ireland, and quar- "The dispute between the two countries ter there, soldiers raised in Britain, without has already cost England many millions sterthe consent of the Irish parliament, unless in ling, which it has lost in its commerce, and time of war and cases of extreme exigency. America has in this respect been a propor-In 1756, when the speaker went up to pre- tionable gainer. This commerce consisted sent the money-bills, he said among other principally of superfluities; objects of luxury things, that England was capable of and fashion, which we can well do without; fighting her own battles and defending her- and the resolution we have formed, of imself; and although ever attached to your porting no more till our grievances are remajesty's person, ever at ease under your dressed, has enabled many of our infant manujust government, they cannot forbear taking factures to take root; and it will not be easy notice of some circumstances in the present to make our people abandon them in future, situation of affairs, which nothing but the even should a connexion more cordial than confidence in your justice could hinder from ever succeed the present troubles. I have inalarming their most serious apprehensions. deed no doubt, that the parliament of England Subsidies to foreign princes when already will finally abandon its present pretensions, burdened with a debt scarce to be borne, can- | and leave us to the peaceable enjoyment of not but be severely felt. An army of foreign our rights and privileges. B. FRANKLIN.” troops, a thing unprecedented, unheard of, unknown, brought into England, cannot but alarm, &c. (See the Speech.)

N. B. These foreign troops were part of the king's subjects, Hanoverians, and all in his service, which was the same thing as if he were to transport troops from England into the American colonies without the consent of their legislature. B. F.

“To Mr. Dubourg, concerning the Dissensions between England and America.†

"LONDON, October 2, 1770.

"I SEE with pleasure that we think pretty much alike on the subjects of English America. We of the colonies have never insisted, that we ought to be exempt from contributing to the common expenses necessary to support the prosperity of the empire. We only assert,

THE TEA TAX.

Dr. Franklin's Preface to the English Edition of the Votes and Proceedings of the Freeholders, and other Inhabitants of the Town of Boston, in Town-Meeting assembled according to law (published by Order of the Town,) &c.*

ALL accounts of the discontent, so general dustriously smothered and concealed here, it in our colonies, have of late years been inseeming to suit the views of the American minister to have it understood, that by his great abilities, all faction was subdued, all

J. Wilkie, in St. Paul's Church-yard. 1773."--The preface only is given, as that alone properly belongs to

*"Boston printed: London re-printed, and sold by

this work.

This little piece very much irritated the English mi

nistry. It was their determination, that the Ameri

cans should receive teas only from Great Britain. And accordingly the East India company sent out large cargoes under their protection. The colonists every where refused, either entrance, or else permission of sale, except at Boston, where, the force of government preventing more moderate measures, certain

* Governor Pownall, accompanied this paper to Dr. Franklin with a sort of prophetic remark. After stating, that these theorems, and their application to existing cases, were intended to remedy the prejudice, indigestion, indecision, and errors, then prevailing either in opinions or conduct; he adds, "the very at-persons in disguise threw it into the sea. tention to the investigation may lead to the discovery of some truths respecting the whole British empire, then little thought of and scarce even suspected, and which perhaps it would not be prudent at this time to mark and point out."-The minister however judged the discussion of dubious rights over growing states, a better policy than possession, discretion, and silence: he turn. ed civilian, for which he was not qualified, and lost an empire, which he was not worthy to govern. tRe-translated from a French edition of Dr. Franklin's works.

The preamble of the stamp act produced the tea act; the tea act produced violence; violence, acts of parliament; acts of parliament, a revolt." A little neg lect" says poor Richard, "may breed great mischief: for want of a nail the shoe was lost; for want of a shoe the horse was lost; for want of a horse the rider was lost; being overtaken and slain by the enemy; all for want of a little care about a horse-shoe nail."

† Lord Hillsborough.-This nobleman, before this time first lord of trade, was introduced in 1768 into the new-erected office of secretary of state for the colonies.

opposition suppressed, and the whole country conciliation; and this disposition to a good quieted. That the true state of affairs there understanding was so prevalent, that possibly may be known, and the true causes of that they might soon have relaxed in the article discontent well understood, the following of tea also. But the system of commissioners piece (not the production of a private writer, but the unanimous act of a large American city) lately printed in New England, is republished here. This nation, and the other nations of Europe, may thereby learn, with more certainty, the grounds of a dissention, that possibly may, sooner or later, have consequences interesting to them all.

of customs, officers without end, fleets and armies for collecting and enforcing those du ties, being continued; and these acting with much indiscretion and rashness (giving great and unnecessary trouble and obstruction to business, commencing unjust and vexatious suits, and harrassing commerce in all its branches, while that minister kept the people The colonies had, from their first settle- in a constant state of irritation by instructions ment, been governed with more ease than which appeared to have no other end than the perhaps can be equalled by any instance in gratifying his private resentment*) occasioned history of dominions so distant. Their affec-a persevering adherence to their resolutions tion and respect for this country, while they in that particular; and the event should be a were treated with kindness, produced an im- lesson to ministers, not to risk, through pique, plicit obedience to the instructions of the the obstructing any one branch of trade; since prince, and even to acts of the British parlia- the course and connexion of general business ment, though the right of binding them by a may be thereby disturbed to a degree, imlegislature, in which they were unrepresent-possible to be foreseen or imagined. For it ed, was never clearly understood. That re- appears, that the colonies, finding their humspect and affection produced a partiality in ble petitions to have their duty repealed were favour of every thing that was English; rejected and treated with contempt, and that whence their preference of English modes the produce of the duty was applied to the and manufactures; their submission to re- rewarding, with undeserved salaries and penstraints on the importation of foreign goods, sions, every one of their enemies; the duty itwhich they had but little desire to use; and self became more odious, and their resolutions the monopoly we so long enjoyed of their to starve it more vigorous and obstinate. The commerce, to the great enriching of our mer-Dutch, the Danes, and French, took this opchants and artificers. The mistaken policy portunity, thus offered them by our impruof the stamp act first disturbed this happy dence, and began to smuggle their teas into situation; but the flame thereby raised was the plantations. At first this was something soon extinguished by its repeal, and the old difficult; but at length, as all business is imharmony restored, with all its concomitant proved by practice, it became easy. A coast advantage to our commerce. The subsequent fifteen hundred miles in length could not in act of another administration, which, not con- all parts be guarded, even by the whole navy tent with an established exclusion of foreign of England; especially where their restraining manufactures, began to make our own mer- authority was by all the inhabitants deemed chandize dearer to the consumers there by unconstitutional, and the smuggling of course heavy duties, revived it again; and combina- was considered as patriotism. The needy tions were entered into throughout the con-wretches too, who, with small salaries, were tinent, to stop trading with Britain till those trusted to watch the ports day and night, in duties should be repealed. All were accord- all weathers, found it easier and more profitaingly repealed but one-the duty on tea. ble, not only to wink, but to sleep in their This was reserved (professedly so) as a stand- beds; the merchants' pay being more genering claim and exercise of the right, assumed ous than the king's. Other India goods also, by parliament, of laying such duties.* The which, by themselves, would not have made a colonies, on the repeal, retracted their agree-smuggling voyage sufficiently profitable, acment, so far as related to all other goods, ex-companied tea to advantage; and it is feared cept that on which the duty was retained. the cheap French silks, formerly rejected as This was trumpeted here by the minister for not to the taste of the colonies, may have the colonies as a triumph; there it was con- found their way with the wares of India, and sidered only as a decent and equitable mea- now established themselves in the popular sure, showing a willingness to meet the mouse and opinion. ther-country, in every advance towards a re

* Mr. Burke in his speech in 1774, says "this pre:

ambulary tax had lost us at once the benefit of the west

and of the east; had thrown open the doors to contra band; and would be the means of giving the profits of the colony trade to every nation but ourselves." He adds, "It is indeed a tax of sophistry, a tax of pedan. try, a tax of disputation, a tax of war and rebellion, a tax for any thing but benefit to the imposers, or satisfaction to the subject."

It is supposed, that at least a million of the first cost here, can scarce be reckoned at Americans drink tea twice a day, which, at less than half a guinea a head per annum. This market, that, in the five years which

* Some of the secretary's circular letters had been criticised, and exposed by one or two of the American assemblies.