LETTER II.

MY DEAR COUNTRYMEN,

THERE is another late act of parliament, which appears to me to be unconstitutional, and ast destructive to the liberty of these colonies, as that mentioned in my last letter; that is, the act for granting the duties on paper, glass, &c.

THE parliament unquestionably possesses a legal authority to regulate the trade of Great-Britain, and all her colonies. Such an authority is essential to the relation between a mother country and her colonies; and necessary for the common good of all. He, who considers these provinces as states distinct from the British empire, has very slender notions of justice, or of their interests. We are but parts of a whole; and therefore there must exist a power somewhere to preside, and preserve the connection in due order. This power is lodged in the parliament; and we are as much dependent on Great-Britain, as a perfectly free people can be on another.

I HAVE looked over every statute relating to these colonies, from their first settlement to this time; and I find every one of them founded on this

principle, till the stamp-act administration.* Al before, are calculated to regulate trade, and preserve or promote a mutually beneficial intercourse between the several constituent parts of the empire; and though many of them imposed duties on trade, yet those duties were always imposed with design to restrain the commerce of one part, that was injurious to another, and thus to promote the general welfare. The raising a revenue thereby was never intended. Thus the king, by his judges in his courts of justice, imposes fines, which all together

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

The 12th Charles, chap. 18, which forms the foundation of the laws relating to our trade, by enacting that certain productions of the colonies should 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 concern66 ed," &c.

The 15th Charles II. chap. 7. enforcing the same regulation, assigns these reasons for it." In regard his majesty's plantations, beyond the seas, are inha"bited 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 woollen, and other manufactures and commodi❝ties, 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

amount to a very considerable sum, and contribute to the support of government: but this is merely a consequence arising from restrictions, that only meant to keep peace, and prevent confusion; and surely a man would argue very loosely, who should

"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 plantation trade to "themselves," &c.

The 25th Charles II. chap. 7, made expressly "for the better securing the plan“tation trade," which imposes duties on certain commodities exported from one colony to another, mentions this cause for imposing them: "Whereas by one act, passed in the 12th year of your majesty's reign, intituled, 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 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 increased, 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 have been spent here) but contrary to the express letter of the aforesaid laws, bave brought into divers 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 William III. Chap. 22, intituled, “ An act for preventing frauds, and regulating abuses in the plantation trade," recites that, " notwithstanding divers acts, . 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

conclude from hence, that the king has a right to levy money in general upon his subjects. Never did the British parliament, till the period above mentioned, think of imposing duties in America, for the purpose of raising a revenue. Mr. Grenville

kingdom, by the artifice and cunning of ill disposed persons; for remedy whereof, . And whereas in some of his majesty's American plantations, a doubt or misconstruction has arisen upon the before mentioned act, made in the 25th year of the reign of King 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 supply 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 238 years of the reign of king Charles II. and consequently be at liberty to go to any foreign market in Europe,” Sc.

The 6th Anne, chap. 37, reciting the advancement of trade, and encou ragement of ships of war, &c. grants to the captors the property of all prizes carried into America, subject to such customs and duties, 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 in that gift, should be complied with--n ▬▬more especially as the payment of such duties was intended to give a preference to the productions of 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, that by another act "all prize goods, imported into any part of Great-Britain, from any of the plantations, were made liable to such duties only in Great-Britain, as in case they had been of the growth and produce of the plantations."

The 6th George II. chap. 13, which imposes duties on foreign rum, sugar and molasses, imported into the colonies, shews the reasons 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

first introduced this language, in the preamble to the 4th of George III. chap. 15, which has these words, " And whereas it is just and necessary, that a revenue be raised in your majesty's said dominions in America, for defraying the expences of defending, protecting, and securing the same: we your majesty's most dutiful and loyal subjects, the commons of Great-Britain, in parliament assembled, being desirous to make some provision in this present session of parliament, towards raising the said revenue in America, have resolved to give and grant unto your majesty the several rates and duties herein after mentioned," &c.

A FEW months after came the stamp, act, which reciting this, proceeds in the same strange mode of expression, thus- "And whereas it is just and necessary, that provision be made for raising a further revenue within your majesty's dominions in

of this kingdom; and whereas the planters of the said sugar colonies, have of late years fallen into 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 yonr majesty's subjects," &c.

The 29th George II. chap. 26, and the 1st George III. chap. 9, which continue the 6th George II. chap. 13, declare, that the said act hath, by experience, been found useful and beneficial, S. These 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.