60 them credit with the nation, and when they were changed gave up without penfion, place, or emolument. I cannot help here reciting a paffage from the Annual Register, which fhews what the miniftry had to ftruggle with at this critical period. Says the author, "There were not few that kept aloof from, and in due time declared against the miniftry, upon fome "fymptoms which appeared early, of their wanting "that countenance, which as it has been favoura"ble or adverfe, has determined the fortune of the "feveral fucceffive fyftems of administration for fome years past. This part of the oppofition for very "obvious reafons, was by much the most danger.' ❝ous." But the ministry had, what few fince can pretend to, fair and clear characters, and though they were young in office, were in high esteem with the nation; their integrity was above fufpicion, and their abilities feemed to encreafe with the difficulties of their employment. Their conftant attachment to the caufe of liberty had procured them the confidence and goodwill of the people, both which they enjoyed in a very exalted degree. This fhewed both their good fenfe, and the foundness of their principles, that though they were in an immediate fenfe the fervants of the fovereign, yet they would not employ their power and authority for any other purpofe except the good of the fubjects. Confidering the difficulties they had to combat, they fhewed as much political wifdon and fagacity as any minifters have done for many years. And it is no reproach to the memory of Mr Pitt, to affirm that they behaved with as much wifdom and fteadinefs, in as difficult a fituation, as ever was exemplified in his miniftry. They had a multitude of jarring interefts to reconcile, a divided empire empire to unite, and the miscarriages of the paft miniftry to rectify; and befides an animofity among brethren to overcome, which is worfe to remove then even to conquer an enemy. What their enemies imagined was impoffible for them to accomplish, they effected; they both preferved the dignity of the crown and nation, and prevented the fubjects from destroying one another. All their dif fpatches to the different governors, were delivered with firmnefs and temper, which, when they were examined before the commons did them great honour; they were found neither to have driven the colonies to defperation, nor to have yielded up the dignity of the crown and nation in any particular. In this adminiftration the Duke of Richmond was one of the fecretaries of state, whose abilities as well as integrity has fince fhone forth confpicuously on the fide of true patriotifm. It may be prefumed that he had a fhare in the wife direction of measures at this time. The prudent management of the miniftry on this occafion, was feverely cenfured by thofe who were then and have been fince for violent measures; their conduct was called weak, pufillanimous, and feeble,' their measures undetermined and without defign.. But the reafon of this cenfure was obvious; they faw that by the repeal of meafures which they had promoted, difgrace would fall upon them, and they wanted to fee the executive power embarraffed before the meeting of parliament fo far, that the legiflature could not in honour recede from fupporting it. For this reason the moderation of the Rockingham administration was moft feverely cenfured by the oppofition. The controverfy began now to be difcuffed at large, and many pamphlets were published on both fides of the question, with very little temper. Had the caufe caufe depended upon the clearness and force of argument, or had each party put themselves in the others place for a little time, the controverfy might foon have been ended. But when perfons in power form arguments concerning the rights of other men, they are often ready to be fo blinded with the intoxicating idea of 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'réafoning. It is not to be supposed 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 impartiality and juftnefs which of the arguments used in this difpute are the moft folid and convincing. The impartial 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 question, 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 colonist, forfeits every birthright and privilege of an Englishman. 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,: iffued out for the purpose of raifing taxes for the crown, and fending reprefentatives to parliament, as well as from the bill of rights, it appears throughout the whole hiftory of our conftitution, that no British fubject can be taxed except per communem. can 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 conftitution of the colonies: but the great interior fundamental of their conftitu tion, is this general right of a British fubject, which is the very first principle of British liberty,-No man shall be taxed but by himself, or by his reprefentative. "That the counties palatine of Chester, Durham, and Lancaster, were not taxed but in their own affemblies or parliament; till at different periods in que history they were melted into our prefent form of parliamentary reprefentation, That the body of the clergy till very lately taxed themselves, and granted the king benevolences. That the marches of Wales had a right of taxing themselves, till they had fent members to parliament. And from this circumstance has continued the ftile of the king's proclamations and of our acts of parliament to this day, although unneceffarily to be named, especially the principality of Wales, and the town of Monmouth, as they do that of Berwick. "That many people carry their idea of a parliament too far, in fuppofing 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 itself executive, nor difpofe of offices that belong to the crown. It cannot take any man's property, even that of the meaneft cottager, as in the cafes of inclosures, 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 represented 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 fubjects 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 flow 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 preHad the first inhabitants of judice of the fubjects. 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 privileges 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 particu larly those which enact any penalties, are binding upon the colonists, unless they are exprefsly named. The inhabitants of the colonies once removed from the domeftic |