or establish any law martial or military command, by any commission which may supersede and not be subject to the supreme civil magistrate, within the respective precincts of the civil jurisdictions of said colonies and plantations; otherwise than in such manner as the said law martial and military commissions are annexed or subject to the supreme civil jurisdiction within his Majesty's realms and dominions of Great Britain and Ireland; and hence it is, that the establishment and exercise of such commands and commissions would be illegal.'

Rem. The King has the command of all military force in his dominions: but in every distinct state of his dominions there should be the consent of the parliament or assembly, (the representative body) to the raising and keeping up such military force. He cannot even raise troops and quarter them in another, without the consent of that other. He cannot of right bring troops raised in Ireland and quarter them in Britain, but with the

'Governor P. accompanied this paper to Dr. F. with a sort of prophetic remark. After stating that these theorems, and their application to existing cases, were intended to remedy the prejudice, indigestion, indecision, and errors then prevailing either in opinions or conduct; he adds, "The very attention to the investigation may lead to the discovery of some truths respecting the whole British empire, then little thought of, and scarce even suspected; and which perhaps it would not be prudent at this time to mark and point out." The minister, however, judged the discussion of dubious rights over growing states, a better policy than possession, discretion, and silence: he turned civilian, and lost an empire. B. V.

consent of the parliament of Britain: nor carry to Ireland, and quarter there, soldiers raised in Britain, without the consent of the Irish parliament; unless in time of war and cases of extreme exigency. In 1756, when the speaker went up to present the money-bills, he said, among other things, that "England was capable of fighting her own battles and defending herself; and although ever attached to your Majesty's person, ever at ease under your just government; they cannot forbear taking notice of some circumstances in the present situation of affairs, which nothing but the confidence in your justice, could hinder from alarming their most serious apprehensions. Subsidies to foreign princes, when already burthened with a debt scarce to be borne, cannot but be severely felt. An army of FOREIGN TROOPS, a thing unprecedented, unheard of, unknown BROUGHT INTO ENGLAND, cannot but alarm," &c. &c. (See the Speech.)

N. B. These FOREIGN TROOPS were part of the King's subjects, Hanoverians, and all in his service; which the same thing as B. F.

* *

Preface by the British Editor [Dr. Franklin] to "The Votes and Proceedings of the Freeholders, and other Inhabitants of the town of Boston, in townmeeting assembled, according to law, (published by order of the town,) &c.”1

[See Memoirs of the Life, Part III.]

ALL accounts of the discontent so general in our colonies, have of late years been industriously

"Boston, printed: London, reprinted, and sold by J. Wilkie, in St. Paul's Church-yard, 1773."

It is said, that this little piece very much irritated the ministry. It was their determination, that the Americans should re

smothered and concealed here; it seeming to suit the views of the American minister' to have it understood, that by his great abilities, all faction was subdued, all opposition suppressed, and the whole country quieted. That the true state of affairs there may be known, and the true causes of that discontent well understood; the following piece (not the production of a private writer, but the unanimous act of a large American city), lately printed in New England, is republished here. This nation, and the other nations of Europe, may thereby learn, with more certainty, the grounds of a dissension, that possibly may, sooner or later, have consequences interesting to them all.

The colonies had, from their first settlement,

ceive teas only from Great Britain. And accordingly the East India Company sent out large cargoes under their protection. The colonists everywhere refused, either entrance, or else permission of sale, except at Boston, where, the force of government preventing more moderate measures, certain persons in disguise threw it into the sea.

The preamble of the stamp act produced the tea act; the tea act produced violence; violence, acts of parliament; acts of parliament, a revolt. "A little neglect," says poor Richard,

may breed great mischief: for want of a nail the shoe was lost; for want of a shoe the horse was lost; for want of a horse the rider was lost; being overtaken and slain by the enemy; all for want of a little care about a horse-shoe nail." B. V.

'Lord Hillsborough. This nobleman, already first Lord of trade, was introduced in 1768 into the new-titled office of Secretary of State for the Colonies." B. V.

been governed with more ease, than perhaps can be equalled by any instance in history of dominions so distant. Their affection and respect for this country, while they were treated with kindness, produced an almost implicit obedience to the instructions of the Prince, and even to acts of the British parliament; though the right of binding them by a legislature, in which they were unrepresented, was never clearly understood. That respect and affection produced a partiality in favor of every thing that was English; whence their preference of English modes and manufactures; their submission to restraints on the importation of foreign goods, which they had but little desire to use; and the monopoly we so long enjoyed of their commerce, to the great enriching of our merchants and artificers. The mistaken policy of the stamp act first disturbed this happy situation; but the flame thereby raised was soon extinguished by its repeal, and the old harmony restored, with all its concomitant advantage to our commerce. The subsequent act of another administration, which, not content with an established exclusion of foreign manufactures, began to make our own merchandise dearer to the consumers there, by heavy duties; revived it again: and combinations were entered into throughout the continent, to stop trading with Britain till those duties should be repealed. All were accordingly repealed but one-the duty on tea. This was reserved (professedly so) as a

standing claim and exercise of the right assumed by parliament of laying such duties.'. The colonies, on this repeal, retracted their agreement, so far as related to all other goods, except that on which the duty was retained. This was trumpeted here by the minister for the colonies as a triumph; there it was considered only as a decent and equitable measure, showing a willingness to meet the mother-country in every advance towards a reconciliation, and a disposition to a good understanding so prevalent, that possibly they might soon have relaxed in the article of tea also. But the system of commissioners of customs, officers without end, with fleets and armies for collecting and enforcing those duties, being continued; and these acting with much indiscretion and rashness, (giving great and unnecessary trouble and obstruction to business, commencing unjust and vexatious suits, and harassing commerce in all its branches, while that the minister kept the people in a constant state of irritation by instructions which appeared to have no other end than the gratifying

'Mr. Burke says (in his speech in 1774,) that this preambulary tax had lost us at once the benefit of the west and of the east; had thrown open folding-doors to contraband; and would be the means of giving the profits of the colony-trade to every nation but ourselves. He adds, in the same place, "It is indeed a tax of sophistry, a tax of pedantry, a tax of disputation, a tax of war and rebellion, a tax for any thing but benefit to the imposers, or satisfaction to the subject." B. V.

VOL. I.

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