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American Political Writing During the Founding Era: 1760–1805


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      Had the colonies been fully heard before the late act had been passed, no reasonable man can suppose it ever would have passed at all in the manner it now stands; for what good reason can possibly be given for making a law to cramp the trade and ruin the interests of many of the colonies, and at the same time lessen in a prodigious manner the consumption of the British manufactures in them? These are certainly the effects this act must produce; a duty of three pence per gallon on foreign molasses is well known to every man in the least acquainted with it to be much higher than that article can possibly bear, and therefore must operate as an absolute prohibition. This will put a total stop to our exportation of lumber, horses, flour, and fish to the French and Dutch sugar colonies; and if anyone supposes we may find a sufficient vent for these articles in the English islands in the West Indies, he only verifies what was just now observed, that he wants truer information. Putting an end to the importation of foreign molasses at the same time puts an end to all the costly distilleries in these colonies, and to the rum trade to the coast of Africa, and throws it into the hands of the French. With the loss of the foreign molasses trade, the cod fishery of the English in America must also be lost and thrown also into the hands of the French. That this is the real state of the whole business is not fancy; this, nor any part of it, is not exaggeration but a sober and most melancholy truth.

      [13] View this duty of three pence per gallon on foreign molasses not in the light of a prohibition but supposing the trade to continue and the duty to be paid. Heretofore there hath been imported into the colony of Rhode Island only, about one million one hundred and fifty thousand gallons annually; the duty on this quantity is fourteen thousand three hundred and seventy-five pounds sterling to be paid yearly by this little colony, a larger sum than was ever in it at any one time. This money is to be sent away, and never to return; yet the payment is to be repeated every year. Can this possibly be done? Can a new colony, compelled by necessity to purchase all its clothing, furniture, and utensils from England, to support the expenses of its own internal government, obliged by its duty to comply with every call from the crown to raise money on emergencies; after all this, can every man in it pay twenty-four shillings sterling a year for the duties of a single article only? There is surely no man in his right mind believes this possible. The charging foreign molasses with this high duty will not affect all the colonies equally, nor any other near so much as this of Rhode Island, whose trade depended much more on foreign molasses and on distilleries than that of any others; this must show that raising money for the general service of the crown or of the colonies by such a duty will be extremely unequal and therefore unjust. And now taking either alternative, by supposing, on one hand, the foreign molasses trade is stopped and with it the opportunity or ability of the colonies to get money, or, on the other, that this trade is continued and that the colonies get money by it but all their money is taken from them by paying the duty, can Britain be gainer by either? Is it not the chiefest interest of Britain to dispose of and to be paid for her own manufactures? And doth she not find the greatest and best market for them in her own colonies? Will she find an advantage in disabling the colonies to [14] continue their trade with her? Or can she possibly grow rich by their being made poor?

      Ministers have great influence, and Parliaments have great power—can either of them change the nature of things, stop all our means of getting money, and yet expect us to purchase and pay for British manufactures? The genius of the people in these colonies is as little turned to manufacturing goods for their own use as is possible to suppose in any people whatsoever; yet necessity will compel them either to go naked in this cold country or to make themselves some sort of clothing, if it be only the skins of beasts.

      By the same act of Parliament, the exportation of all kinds of timber or lumber, the most natural produce of these new colonies, is greatly encumbered and uselessly embarrassed, and the shipping it to any part of Europe except Great Britain prohibited. This must greatly affect the linen manufactory in Ireland, as that kingdom used to receive great quantities of flaxseed from America; many cargoes, being made of that and of barrel staves, were sent thither every year; but as the staves can no longer be exported thither, the ships carrying only flaxseed casks, without the staves which used to be intermixed among them, must lose one half of their freight, which will prevent their continuing this trade, to the great injury of Ireland and of the plantations. And what advantage is to accrue to Great Britain by it must be told by those who can perceive the utility of this measure.

      Enlarging the power and jurisdiction of the courts of vice-admiralty in the colonies is another part of the same act, greatly and justly complained of. Courts of admiralty have long been established in most of the colonies, whose authority were circumscribed within moderate territorial jurisdictions; and these courts have always done the business necessary to be brought before such courts for trial in [15] the manner it ought to be done and in a way only moderately expensive to the subjects; and if seizures were made or informations exhibited without reason or contrary to law, the informer or seizor was left to the justice of the common law, there to pay for his folly or suffer for his temerity. But now this course is quite altered, and a customhouse officer may make a seizure in Georgia of goods ever so legally imported, and carry the trial to Halifax at fifteen hundred miles distance; and thither the owner must follow him to defend his property; and when he comes there, quite beyond the circle of his friends, acquaintance, and correspondents, among total strangers, he must there give bond and must find sureties to be bound with him in a large sum before he shall be admitted to claim his own goods; when this is complied with, he hath a trial and his goods acquitted. If the judge can be prevailed on (which it is very well known may too easily be done) to certify there was only probable cause for making the seizure, the unhappy owner shall not maintain any action against the illegal seizor for damages or obtain any other satisfaction, but he may return to Georgia quite ruined and undone in conformity to an act of Parliament. Such unbounded encouragement and protection given to informers must call to everyone’s remembrance Tacitus’ account of the miserable condition of the Romans in the reign of Tiberius their emperor, who let loose and encouraged the informers of that age. Surely if the colonies had been fully heard before this has been done, the liberties and properties of the Americans would not have been so much disregarded.

      The resolution of the House of Commons, come into during the same session of Parliament, asserting their rights to establish stamp duties and internal taxes to be collected in the colonies without their own consent, hath much more, and for much more reason, alarmed the British subjects in America than anything that had ever been done before. [16] These resolutions, carried into execution, the colonies cannot help but consider as a manifest violation of their just and long-enjoyed rights. For it must be confessed by all men that they who are taxed at pleasure by others cannot possibly have any property, can have nothing to be called their own. They who have no property can have no freedom, but are indeed reduced to the most abject slavery, are in a condition far worse than countries conquered and made tributary, for these have only a fixed sum to pay, which they are left to raise among themselves in the way that they may think most equal and easy, and having paid the stipulated sum the debt is discharged, and what is left is their own. This is much more tolerable than to be taxed at the mere will of others, without any bounds, without any stipulation and agreement, contrary to their consent and against their will. If we are told that those who lay these taxes upon the colonies are men of the highest character for their wisdom, justice, and integrity, and therefore cannot be supposed to deal hardly, unjustly, or unequally by any; admitting and really believing that all this is true, it will make no alteration in the nature of the case. For one who is bound to obey the will of another is as really a slave though he may have a good master as if he had a bad one; and this is stronger in politic bodies than in natural ones, as the former have perpetual succession and remain the same; and although they may have a very good master at one time, they may have a very bad one at another. And indeed, if the people in America are to be taxed by the representatives of the people in Britain, their malady is an increasing evil that must always grow greater by time. Whatever burdens are laid upon the Americans will be so much taken off the Britons; and the doing this will soon be extremely popular, and those who put up to be members of the House of Commons must obtain the votes of the people by promising to [17] take more and more of the taxes off them by putting it on the Americans. This must most assuredly be the case, and it will not be in the power even of the Parliament to prevent it; the people’s private interest will be concerned and will govern them; they will have