Letters from a Farmer in Pennsylvania to the Inhabitants of the British Colonies

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For the satisfaction of the reader, recitals from former acts of parliament relating to these colonies are added. By comparing these with the modern acts, he will perceive their great difference in expression and intention.

The 12th Cha. II Chap. 18, which forms the foundation of the laws relating to our trade, by enacting that certain productions of the colonies shall be carried to England only, and that no goods shall be imported from the plantations but in ships belonging to England, Ireland, Wales, Berwick, or the Plantations, &c. begins thus: "For the increase of shipping, and encouragement of the navigation of this nation, wherein, under the good providence and protection of God, the wealth, safety, and strength of this kingdom is so much concerned," &c.

The 15th Cha. II. Chap. 7. enforcing the same regulation, assigns these reasons for it. "In regard to his Majesty's plantations, beyond the seas, are inhabited and peopled by his subjects of this his kingdom of England; for the maintaining a greater correspondence and kindness between them, and keeping them in a firmer dependence upon it, and rendering them yet more beneficial and advantageous unto it, in the further employment and increase of English shipping and seamen, vent of English woolen, and other manufactures and commodities, rendering the navigation to and from the same more safe and cheap, and making this kingdom a staple, not only of the commodities of those plantations, but also of the commodities of other countries and places for the supplying of them; and it being the usage of other nations to keep their plantations trade to themselves," &c.

The 25th Cha. II. Chap. 7, made expressly "for the better securing the plantation trade," which imposes duties on certain commodities exported from one colony to another, mentions this last for imposing them: "Whereas by one act passed in the 12th year of your Majesty's reign, intitled, an act for encouragement of shipping and navigation, and by several other laws, passed since that time, it is permitted to ship, &c. sugars, tobacco, &c. of the growth, &c. of any of your Majesty's plantations in America &c. from the places of their growth, &c. to any other of your Majesty's plantations in those parts, &c. and that without paying of custom for the same, either at the lading or unlading the said commodities, by means whereof the trade and navigation in those commodities from one plantation to another is greatly encreased, and the inhabitants of divers of those colonies, not contenting themselves with being supplied with those commodities for their own use, free from all customs (while the subjects of this your kingdom of England have paid great customs and impositions for what of them hath been spent here) but, contrary to the express letter of the aforesaid laws, have brought into diverse parts of Europe great quantities thereof, and do also vend great quantities thereof to the shipping of other nations, who bring them into divers parts of Europe, to the great hurt and diminution of your Majesty's customs, and of the trade and navigation of this your kingdom; for the prevention thereof, &c."

The 7th and 8th Will. III. Chap. 21, intitled, "An act for preventing frauds, and regulating abuses in the plantation trade," recites that, "notwithstanding diverse acts, &c. great abuses are daily committed, to the prejudice of the English navigation, and the loss of a great part of the plantation trade to this kingdom, by the artifice and cunning of ill disposed persons: for remedy whereof, &c. And whereas in some of his Majesty's American plantations, a doubt or misconstruction has arisen upon the before mentioned acts, made in the 25th year of the reign of Charles II. whereby certain duties are laid upon the commodities therein enumerated (which by law may be transported from one plantation to another, for the supplying of each others wants) as if the same were, by the payment of those duties in one plantation, discharged from giving the securities intended by the aforesaid acts, made in the 12th, 22d and 23d years of the reign of King Charles II. and consequently be at liberty to go to any foreign market in Europe," &c.

The 6th Anne, Chap. 37, reciting the advancement of trade, &c. and encouragement of ships of war, &c. grants to the captors the property of all prizes carried into America, subject to such customs and duties, &c. as if the same had been first imported into any part of Great-Britain, and from thence exported, &c.

This was a gift to persons acting under commissions from the crown, and therefore it was reasonable that the terms prescribed should be complied with – more especially as the payment of such duties was intended to give a preference to the productions of the British colonies, over those of other colonies. However, being found inconvenient to the colonies, about four years afterwards, this act was, for that reason, so far repealed, by another act "all prize goods, imported into any part of Great-Britain, from any of the plantations, were liable to such duties only in Great-Britain, as in case they had been of the growth and produce of the plantations," &c.

The 6th Geo. II. Chap. 13, which imposes duties on foreign rum, sugar and molasses, imported into the colonies, shews the reason thus. – "Whereas the welfare and prosperity of your Majesty's sugar colonies in America, are of the greatest consequence and importance to the trade, navigation and strength of this kingdom; and whereas the planters of the said sugar colonies, have of late years fallen under such great discouragements that they are unable to improve or carry on the sugar trade, upon an equal footing with the foreign sugar colonies, without some advantage and relief be given to them from Great-Britain: For remedy whereof, and for the good and welfare of your Majesty's subjects," &c.

The 29th Geo. II. Chap. 26. and the 1st Geo. III. Chap. 9, which contains 6th Geo. II. Chap. 13, declare, that the said act hath, by experience, been found useful and beneficial, &c. There are all the most considerable statutes relating to the commerce of the colonies; and it is thought to be utterly unnecessary to add any observations to these extracts, to prove that they were all intended solely as regulations of trade.

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It is worthy observation how quickly subsidies, granted in forms usual and accustomable (tho' heavy) are borne; such a power hath use and custom. On the other side, what discontentment and disturbances subsidies formed on new moulds do raise (such an inbred hatred novelty doth hatch) is evident by examples of former times. Lord Coke's 2d institute, p. 33.

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Some people, whose minds seem incapable of uniting two ideas, think that Great-Britain has the same right to impose duties on the exports to these colonies, as on those to Spain and Portugal, &c. Such persons attend so much to the idea of exportation, that they entirely drop that of the connection between the mother country and her colonies. If Great-Britain had always claimed, and exercised an authority to compel Spain and Portugal to import manufactures from her only, the cases would be parallel: But as she never pretended to such a right, they are at liberty to get them where they please; and if they chuse to take them from her, rather than from other nations, they voluntary consent to pay the duties imposed on them.

12

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

13

Gal. v. 1.

14

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

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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.

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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.

19

The goddess of empire, in the heathen mythology. According to an ancient fable, Ixion pursued her, but she escaped by a cloud which she threw in his way.

20

In this sense Montesquieu uses the word "tax", in his 13th book of Spirit of Laws.

21

It seems to be evident, that Mr. Pitt, in his defence of America, during the debate concerning the repeal of the Stamp-act, by "internal taxes" meant any duties "for the purpose of raising a revenue;" and by "external taxes," meant "duties imposed for the regulation of trade." His expressions are these. – "If the gentleman does not understand the difference between internal and external taxes, I cannot help it; but there is a plain distinction between taxes levied for the purposes of raising a revenue, and duties imposed for the regulation of trade, for the accommodation of the subject; altho' in the consequences, some revenue might incidentally arise from the latter."

These words were in Mr. Pitt's reply to Mr. Grenville, who said he could not understand the difference between external and internal taxes. But Mr. Pitt in his first speech, had made no such distinction; and his meaning, when he mentions the distinction, appears to be – that by "external taxes," he intended impositions, for the purpose of regulating the intercourse of the colonies with others; and by "internal taxes," he intended impositions, for the purpose of taking money from them.

In every other part of his speeches on that occasion, his words confirm this construction of his expressions. The following extracts will shew how positive and general were his assertions of our right.

"It is my opinion that this kingdom has no right to lay a tax upon the colonies." "The Americans are the sons not the bastards of England. Taxation is no part of the Governing or legislative power." "The taxes are a voluntary gift and grant of the Commons alone. In legislation the three estates of the realm are alike concerned, but the concurrence of the peers and the crown to a tax, is only necessary to close with the form of a law. The gift and grant is of the Commons alone." "The distinction between legislation and taxation is essentially necessary to liberty." "The Commons of America represented in their several assemblies have ever been in possession of the exercise of this, their constitutional right, of giving and granting their own money. They would have been slaves, if they had not enjoyed it." "The idea of a virtual representation of America in this house, is the most contemptible idea that ever entered into the head of man. It does not deserve a serious refutation."

He afterwards shews the unreasonableness of Great-Britain taxing America, thus – "When I had the honour of serving his Majesty, I availed myself of the means of information, which I derived from my office: I speak therefore from knowledge. My materials were good, I was at pains to collect, to digest, to consider them: and I will be bold to affirm that the profit to Great-Britain from the trade of the colonies, thro' all its branches, is two millions a year. This is the fund that carried you triumphantly thro' the last war. The estates that were rented at two thousand pounds a year, threescore years ago, are at three thousand pounds at present. Those estates sold then from fifteen to eighteen years purchase; the same may now be sold for thirty. YOU OWE THIS TO AMERICA. THIS IS THE PRICE THAT AMERICA PAYS YOU FOR HER PROTECTION," – "I dare not say how much higher these profits may be augmented." – "Upon the whole, I will beg leave to tell the house what is really my opinion: it is, THAT THE STAMP-ACT BE REPEALED ABSOLUTELY, TOTALLY, AND IMMEDIATELY. That the reason for the repeal be assigned, because it was founded on an erroneous principle."

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"And that pig and bar iron made in his Majesty's colonies in America may be further manufactured in this kingdom, be it further enacted by the authority aforesaid, that from and after the twenty-fourth day of June, 1750, no mill or other engine for slitting or rolling of iron, or any plaiting forge to work with a tilt hammer, or any furnace for making steel, shall be erected, or after such erection continued, in any of his Majesty's colonies in America."

    3 Geo. II. chap. 29. sect. 9.

23

Though these particulars are mentioned as being so absolutely necessary, yet perhaps they are not more so than glass, in our severe winters, to keep out the cold, from our houses; or than paper, without which such inexpressible confusion must ensue.

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