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and justice of this is apparent, when we consider the vast expense Great Britain is at in protecting the trade, and that the. Colonies might otherwise carry on a commerce destructive to her interest, which she has an undoubted right to prevent, upon every principle of justice and policy: by her strength, by her assistance, it is that we now enjoy this extensive Country, and have arrived to so great a pitch of opulence and importance. How reasonable is it, then, that we should be restrained from attempting any thing detrimental to her Trade and Commerce? These, however, have been regulated with the strictest regard and attention to the interests of the Colonies. The inhabitants of Great Britain are not suffered to raise any tobacco, and are obliged to pay large duties upon what is imported, merely to benefit some of the Colonies, whose sole subsistence depends upon it. They are restrained from buying indigo, which they might get much cheaper at other markets, merely to encourage the American manufacture of that article. And though we have been restrained from vending a number of the articles of our produce to any but Great Britain, yet this has been amply compensated by the bounties that have been paid us upon, their importation into that Kingdom. Large bounties have been paid upon our timber, pitch, tar, rosin, turpentine, hemp, indigo, pot and pearl ashes, &c.; the Acts granting some of which have a preamble which breathes the most benevolent regard to the interest and happiness of the Colonies; it is thus expressed: Whereas, Her Majestys Colonies and Plantations in America were at first settled, and are still maintained and protected at a great expense of the treasure of this Kingdom, with a design to render them as useful as may be to England, and the labour and industry of the people there, profitable to themselves; and to enable them to make due and sufficient returns in the course of their trade, &c. Certainly nothing appears useless and oppressive in these instances; and the more we examine it, the more groundless this complaint appears. It is couched in general terms, to prevent the knowledge of the truth. It was supposed the veracity of the Congress would be implicitly relied on, and that few would take the trouble of inquiring for themselves. But I beseech you, my dear friends, exercise that reason, those powers of judging which God has given you. The Congress has been guilty of gross prevarication and false assertions, which I am endeavouring to convince you of; and however severe these charges may seem, I shall think the truth of my assertions a sufficient apology for every thing I advance. The next complaint which has not yet been considered, is this: Both Houses of Parliament have resolved that the Colonists may be tried in England for offences alleged to have been committed in America, by virtue of a Statute passed in the thirty-fifth year of Henry the Eighth, and in consequence thereof attempts have been, made to enforce the Statute. The statute here referred to, either extended to America, or it did not; if it did extend here, how comes it to pass that we have never complained of it before? How could our forefathers, from the first settlement of the Country, tamely submit to such a galling yoke, and insensibly remain in such a state of slavery? Unhappy mortals! thus to continue for a hundred and fifty years in actual submission to tyranny and arbitrary power, and never once be aware of their danger; never perceive that their liberties were infringed; never feel so enormous a grievance. Surely our veneration for their characters, as the sons of freedom, must be greatly lessened, when we reflect upon this dastardly instance of their supine negligence and unmanly silence. Is it possible they could enjoy the conveniences, comforts, and luxuries of life, with which in later times they have been surrounded, and not be tormented with the goading reflection of their submission to this infamous statute of Henry the Eighth, that tyrant of tyrants, and scourge to his subjects? Unfeeling wretches! But, thank Heaven, we, their wiser offspring, have found it out, and are determined no longer to acquiesce in our submission; but through fear of misfortunes yet unfelt, will sacrifice our peace, our happiness, and every social blessing, and involve ourselves in the most distressing calamities, rather than by our silence countenance the bare existence-of such an authority, though we never have, and never expect to experience its exertion. Who would not, for the uncertainty of future oppression, relinquish the certain enjoyment of present happiness and peace? Who would not, for the pleasure of opposing lawful authority, submit to the usurpation of lawless Congresses and Committee-men? One drop of American blood, if it flows in the veins of any one to whom these questions are proposed, must at once dictate the answer. But to be serious.If this Act did extend to America, could the resolutions of the two Houses of Parliament add to its baneful influence? Could that which has ever been a law, be rendered more so, by repeated declaration of but two branches of the Legislature? Certainly not. But if it did not extend here, is not the declaration of the Lords and Commons that it did, equivalent to making a new statute; and can they alone do this, without the assent of the third branch of the Legislature? Can, therefore, such resolves be considered in any other light, than a declaration of the general sense of the Nation? Can they be supposed to add any authority to the statute referred to, which it had not before? Is not the exposition of Acts of Parliament, the proper department of the Executive Courts of Justice? Can, therefore, any thing short of a new act of Parliament, which hag the sanction of the three branches of the Legislature, extend a former Act beyond the meaning and construction it may lawfully bear? Will not the Judges of the Courts of Law expound it, as it stands by itself, abstracted from any resolves of separate branches of the Legislature? Have they not done this? Was it not first proposed to the Judges of England for their opinion, which was afterwards confirmed in terrorem merely, by the resolves of the two Houses of Parliament? And if this is the grievance, I admit it to be true that the Judges of England have determined that it does extend here, and it is equally true that they are the proper judges of this matter, and should, doubtless, have decided it upon the principles of Law and the Constitution; and however disagreeable the decision may be to the Congress, it certainly is not a matter of grievance, as hereby they have not made any new law, but explained one of a date more ancient than the settlement of this Country, and under the authority of which we have hitherto lived quiet and peaceable lives, without suffering any inconvenience or oppression. And here I cannot but take notice of the vague, indeterminate expression made use of, that the Colonists may be tried in England for offences alleged to have been committed in America. As I have before observed, this Petition, so called, could be intended only for the publick newspapers here, and therefore the design was chiefly to alarm the fears of the populace. Accordingly they are left in this instance to conjecture whatever their heated imaginations may suggest, and to suppose that the most trivial of offences are here guarded against; whereas, if they were informed that it was high treason, the highest crime known in the law, and indeed the most flagitious in its nature and consequences, that can be committed in any State, the importance and necessity of the case would apologize for the extraordinary remedy provided, and silence every objection. But the Congress go on confidently to assert, that in consequence thereof, attempts have been made to enforce that statute. What is intended by this, I am utterly at a loss to conceive. I neither know nor have ever heard of any instance of this kind, though I have been pretty industrious in my inquiries; and I believe I may justly and truly aver, that no such attempt has ever been madesure I am, that there has been none in this Province; and I will candidly confess my errour, and acknowledge my obligations to any one, who can inform me of an instance in any other. Why, then, we should be alarmed with an idea of danger, where there is none; why we should be told of attempts which have never been made, of grievances never felt, and of designs to injure us never conceived, is not easily accounted for upon the principles of justice, truth, equity, or a regard for the interest, and happiness of the Colonies, or the just and legal authority of the Parent State. I will now consider the next complaint, which is, A Statute was passed in the twelfth year of your Majestys reign, directing that persons charged with committing any offence therein described, in any place out of the Realm, may be indicted and tried for the same in any Shire or County within the Realm, whereby inhabitants of these Colonies may, in sundry cases, by that Statute made capital,
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