There is another late act of parliament, which seems to me to be as destructive to the liberty of these colonies, as that inserted in my last letter; that is, the act for granting the duties on paper, glass, &c. It appears to me to be unconstitutional.
The parliament unquestionably possesses a legal authority to regulate the trade of Great-Britain, and all its colonies. Such an authority is essential to the relation between a mother country and its 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 dependant 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[9]. All before are calculated to 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 amount to a considerable sum, and contribute to the support of government: but this is merely a consequence arising from restrictions, which only meant to keep peace, and prevent confusion; and surely a man would argue very loosely, who should 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 abovementioned, think of imposing duties in America FOR THE PURPOSE OF RAISING A REVENUE. Mr. Greenville's sagacity first introduced this language, in the preamble to the 4th of Geo. III. Ch. 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 the 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 America, towards defraying the said expences, we your Majesty's most dutiful and loyal subjects, the Commons of Great-Britain, &c. GIVE and GRANT," &c. as before.
The last act, granting duties upon paper, &c. carefully pursues these modern precedents. The preamble is, "Whereas it is expedient that a revenue should be raised in your Majesty's dominions in America, for making a more certain and adequate provision for the defraying the charge of the administration of justice, and the support of civil government in such provinces, where it shall be found necessary; and towards the further defraying the expences of defending, protecting and securing the said dominions, we your Majesty's most dutiful and loyal subjects, the Commons of Great-Britain, &c. give and grant," &c. as before.
Here we may observe an authority expressly claimed to impose duties on these colonies; not for the regulation of trade; not for the preservation or promotion of a mutually beneficial intercourse between the several constituent parts of the empire, heretofore the sole objects of parliamentary institutions; but for the single purpose of levying money upon us.
This I call an[10] innovation; and a most dangerous innovation. It may perhaps be objected, that Great-Britain has a right to lay what duties she pleases upon her[11] exports, and it makes no difference to us, whether they are paid here or there.
To this I answer. These colonies require many things for their use, which the laws of Great-Britain prohibit them from getting any where but from her. Such are paper and glass.
That we may be legally bound to pay any general duties on these commodities, relative to the regulation of trade, is granted; but we being obliged by her laws to take them from Great Britain, any special duties imposed on their exportation to us only, with intention to raise a revenue from us only, are as much taxes upon us, as those imposed by the Stamp-act.