have published to other people, and much fore return hem to the right owner.-Dr lefs to his enemies? Would letters of Franklin's reatoning is of a very different friendship be letters of friendship if they caft. After having juft before told us, contained nothing but fuch indifferent Thefe are public letters, fent to public things as might be faid to all the world? perfons, defigned for public purposes, If this is the cafe at all times with the and therefore I have a right to betray confidential intercourfe of friends, in them; he now fays, These are letters times of party-violence, there must be a which the writers defire may be kept fethousand things faid in letters, which, cret, and therefore I will fend them to though innocent in themselves, either by their enemies. Prepared on both fides rival-malice or party-prejudice, may be for his rival's overthrow, he makes that turned to a very different conftruction. an argument for doing him hurt, which Thefe letters themselves have been dif- any other man would confider as a printorted in this manner; and fome ex- cipal aggravation of the injuftice of it. preffions in them cannot poffibly be understood, without knowing the correfpondent letters to which they refer. And when a factious party had got poffiflion of the town-meetings, and led the alembly into what refolutions they pleafed, and were watching for any pretence to abuse and infult their Governors, is it at all to be wondered, that they did not wifh to have the contents of their letters told to their enemies? When we read in thefe letters fuch paf fages as thefe: If there be no neceffity for it, I think it would be beft it should rot be known that this intelligence comes from me;" or this: "I have wrote with freedom, in confidence of my name's not being ufed on the occafion. For though I have wrote nothing but what in my Confcience I think an American may, 1a juft principles, advance, and what a kervant of the crown cught, upon all per occafions, to fuggeft; yet the Tary prejudices I have to combat with, ay render it unfit it fhould be made puWe;" or this of Mr Hutchinfon's: "I abg the favour of you to keep feent every thing I write, until we are in amore fettled ftate; for the party here, Cher by their agent, or by fome of their emifiaries in London, have fent them every report or rumour of the contents of letters wrote from hence. I hope we hall fee better times both here and in Egland;" or this again of Mr Oliver's: "I have wrote with freedom; I confider I in writing to a friend; and that I am perjelly fafe in opening myself to you" upon reading thefe paffages, which are all there are of this kind, a man whofe heart was caft in the common mould of humanity, would have been apt to fay, Thefe are letters irregularly obtained: the writers defire that every thing they write fhould be kept fecret: they belong to Mr Whately, who never injured me: I will there But if the deliring fecrecy be the proof, and the measure of guilt, what then are we to think of Dr Franklin's cafe? whofe whole conduct in this affair has been secret and myfterious? and who, through the whole courfe of it, has difcovered the utmoft folicitude to keep it fo? My Lords, my accounts fay, that when thefe letters were fent over to Bofon, fo very defirous was Dr Franklin of fecrecy, that he did not chufe to fet his name to the letter which accompanied them. This anonymous letter exprefsly ordered, that it should be fhewn to none but to a junto of fix perfons. If the Docter chufe it, I will name the fix. The direction of every letter was erafed, and ftrict orders were given that they should be carefully returned again to London. The manner in which they were brought into the affembly, all thewed the moft earnest defire of concealment. Under thefe myflerious circunftances have the affembly patfed their cenfures; and voted this addrefs to his Majefty against Mr Hutchinfon and Mr Oliver, upon account of a parcel of letters directed to fomebody, they know not whom; and fent froin fomebody, they know not where. And Dr Franklin now appears before your Lordships, wrapt up in impenetrable fecrecy, to fupport a charge against his Majefty's Governor and Lieutenant-Governor; and expects that your Lordships fhould advise the punishing them, upon account of certain letters, which he with not produce, and which he dares not tell how he obtained. But the Doctor fays, "he tranfmisted them to his conflituents? That Dr Franklin fent thefe letters to fuch perfons as he thought would in fome way or other bring them into the affembly, may be true; and accordingly, after an alarm of fome dreadful difcovery, the 'e letters were produced by one fingle per fon, pretending to be under an injunction to observe the strictest secrecy, and to fuffer no copies to be taken of them. -After allowing two or three days for Fame to amplify, and for Party-malice to exaggerate; and after having thereby raised a general prejudice against the Governor; at length another member tells the affembly, that he had received from an unknown hand a copy of the letters; and wished to have that copy compared and authenticated with the originals. After this, when they had brought the council into their measures, they then found their powers enlarged; and that they were at liberty to fhew them to any one, provided they did not fuffer them to go out of their hands; and the King's Governor and Lieutenant-Governor were permitted to look upon them only in this opprobrious manner, in order to render the indignity fo much the more offenfive. This Dr Franklin may call tranfmitting the letters to his conftituents; and upon those who know nothing of the courfe of thefe proceedings, may easily impofe the belief of it; but your Lordfhips will readily fee, and every man who has been an agent very well knows, that this is not what is meant by tranfmitting to his conftituents. My Lords, when an agent means to write to the affembly, he addroffes his letter to the Speaker, to be communicated to the Houfe. And the Doctor knows, that there are many articles in the journals of this tenor: "A letter from Dr Franklin to the Speaker, was read." But the course taken with thefe letters was juft the reverse of this. The letter which came with them was anonymous; though the hand was well known: too well perhaps known to the felected few, who only were to be allowed the fight of it. Since therefore the Doctor has told us, that he tranfmitted thefe letters to his conftituents, we know now who they are. His conftituents, by his own account, must be this particular junto: for to them, and them only, were the letters Communicated, Dr Franklin did not communicate them, as their agent, to the affembly: for whatever may have been the whispers of this junto, the affembly, as an affembly, does not to this day know by whom the letters were fent. And fo little do thefe innocent well-meaning farmers, which compofe the bulk of the lembly, know what they are about, that by the arts of thefe leaders they have been brought to vote an address to his Majefty to difmifs his Governor and Lieutenant-Governor, founded upon certain papers, which they have not named; fent to them from fomebody, they know not whom; and originally directed to fomebody, they cannot tell where: for, my Lords, my accounts say, that it did not appear to the Houfe, that these letters had ever been in London. A letter addreffed to the Earl of Dartmouth. My LORD, THE report to be made upon the pe tition from the House of Reprefentatives of the Maffachufets-bay, against their governors, will have fo decifive an influence on the people of that province, that I feel myfelf compelled to address your Lordship on the fubject. A difcovery is made, by letters under their own hands, that the Governor and Lieutenant-Governor had been fecretly labouring to fubvert the chartered rights of the colony, to fubject the people to arbitrary government, and to fubdue them by military force. It appeared, that, to accomplish these ends, they had painted the proceedings of the people in the most falfe and odious colours; forging falfehoods where mifreprefentation would not fuffice. All this was conducted under the cloak of fecret and confidential correspondence, that the mischief might come upon them unforeseen, the caufes unknown, and the authors undifcovered. The people were to be the victims of a fecret infor mation;-they were to be condemned without being heard, and punished with the heavieft of all calamities, the lofs of their rights and liberties, without being apprifed of the accusation, or a possibility of defence. The perfons who planned and executed this atrocious, and (for upon principle it cannot be deemed lefs) this treafonable conspiracy against the conftitution, ftipulated their expectations of reward. It was natural that this discovery fhould exafperate the people to an extreme. They faw, in the perfons of thofe who were thus planning their de ftruction, men bound to them by all the ties of fellow-citizens, and the obligations of gratitude; men who had been long cherished, trufted, and honoured, among them, and who had always profeffed the moft zealous attachment, which virtue and gratitude could inspire, to their rights and interefts. This was more especially the cafe of their chief Governor, who was, at that very time, practising every art to fix in the minds of the people an exalted opinion of his warmest affection for them, and of his unremitting endeavours to promote their beft interefts at the court of G. Britain. They faw, befides, in the mode of this attempt against them, fomething peculiarly malignant. The miniftry were fufficiently disposed to adopt every feverity against them. Gov. Bernard and the commiffioners were fufficient to keep up their prejudices and paffions. To poifon the minds of thofe in oppofition, and by that means to deprive the people of every benefit, either from the efforts of that oppofition, or from a change of adminiftration, was the diabolical plan of Mr Hutchinfon and Mr Oliver. Had the popular indignation been followed by the moft immediate and tragical confequences, no one could have been furprised. Happily, however, the very men whom the governors had afperfed as the fowers of fedition, and promoters of outrage, prevailed upon them to truft to his Majefty's juftice for redrefs. For this purpofe, the houfe of Reprefentatives have, in humble petition, implored his Majefty's intervention, to remove thefe men, because they have loft all truft and confidence with the people. It is this prayer to which you are now to advise an anfwer. It is well worth confidering, my Lord, what will be the confequence of an ungracious, irritating answer. For fome years pait the people of America, and thofe of Bofton in particular, have been abefed, mifreprefented, and oppreffed, beyond the example of the worst of times. They have feen, for a feries of years, every reprefentation against them received, every application for them rejected. When the authors of the fecret informations which tended to bring upon them the difpleasure of their fovereign, the refentment of parliament, and to fubvert their liberties, were providentially difcovered, and their reprefentations proved falfe and wicked; the confequence has invariably been the encouragement and reward of thofe fo detected. The difcovery of Gov. Bernard's falfe and malignant letters, with the frauds he committed in his office, ferved only to pake him a Baronet, with what is equi valent to an enormous penfion. Mr Oliver was charged, upon the oaths of feveral of his Majefty's council, and by their unanimous refolution, with a moit dangerous breach of truft, in having forged minutes of their board, and authenticated them on oath, for the purpofe of justifying a mafiacre committed by a licentious foldiery, and to throw the blame of it upon the people. What was the confequence? Not punifliment, but promotion. The people faw, with aftonifhment and horror, this very man, thus ftigmatized, immediately promoted to be their Lieutenant-Governor. These are facts, my Lord, of public notoriety; facts which, fpeaking to ftones, would make them capable of impreffion. Rewards have followed crimes as conftantly as light the fun. Promotion and emolument in America, have been exactly proportioned to mens perfidy to the people, and their avowed enmity to their immediate country. No people can be fo dull as not to feel thefe injuries;-no people can be fo pufillanimous as not to refent them. Reiterated oppreffions, detections, complaints, and difappointments, have worked up mens minds to the highest pitch of refentment and defpair. The meafure is now full: one drop more may make the waters of bitterness overflow, to the deftruction of the most valuable commerce of this country, and the irreparable injury of the whole dominion. The people of the Maffachufets-bay have afked humbly, and waited patiently, for juftice against Mr Hutchinfon and Mr Oliver. That the tax was artfully thrown in to irritate and incenfe them to violence, was not their fault; infamous, inimical, and odious, as the Governors have rendered themfelves,they have been fuffered to fleep in fecurity. A confidence in his Majefty's juftice, -a hope that the eyes of his minifters would be at length opened, have fufpended their refentment. In my opinion, my Lord, this is the laft effort of expectation and endurance. I have not yet heard a denial or publication of the letters upon which their petition is founded; but it has been faid, that the letters cannot be admitted as evidence, unless the manner in which they were obtained be declared. This rule of evidence is of the firft impreffion, and as rational as it is new. We ought at least to be told in what book of evidence it is to to be found; in what court, in what cafe it was ever urged or admitted. The North Britons have kindly undertaken to reprint and correct cur books; perhaps it is to be found in fome Scotch editions of our law books and reports. New-modelling our law has been long the favourite object of our fmiling friends from that quarter. Gov. Hutchinfon has acknowledged, in his answer to an addrefs from the council, that fome of the letters bear his fignature. They stand therefore as matter of record, the verity of which cannot be affected by the manner in which they were obtained: not that I have heard it even infinuated by any reputable perfon that they were procured by any undue means. It seems, therefore, that the objection is not that they were unfairly obtained, but that idle, perhaps impertinent, curiofity is not gratified by knowing how they were procured. trary, too inconfiftent with the genius o the people, to be long endured. No reafoning can reconcile them, no force can fubdue them to it. It is juftice only that can enfure fubmiffion: for as Judge Blackflone obferves, "It is found ty experience, that whenever the unconftitutional oppreffions, even of the fovereign power, advance with gigantic ftrides, and threaten defolation to a state, mankind will not be reafoned out of the feelings of humanity, nor will facrifice their liberty by a fcrupulous adherence to thofe political maxims which were originally cftablished to preferve it." My Lord, an attempt to cftablish government in America by military force, must be ultimately fatal to this country. It will commence in folly and injuftice, it will end in diftrefs and humiliation. RALEIGH. A Letter to Lord NORT H. When a Noble Lord, for fo his patent obliges me to call him, produced the EAS the arbiter of the affairs of thefe fay on Woman in the Houfe of Peers, was any inquiry made into the manner of procuring it? On the contrary, though it was foon proved, that the mode of obtaining it was in violation of all honefty and good faith, did not both houfes of parliament proceed to the fevereft cenfure, and the court of king's-bench to the heavicft judgement, against the oftenfible author, upon the evidence of that Effay fo flagitioufly obtained? And are we now to be told, that the malefactions of Mr Hutchinfon and Mr Oliver thail cicape punishment upon this pretence? [xxv. 629.]. I have dwelt too long upon an objection utterly contemptible, and which, but for the high and dangerous tendency of it, would not merit a moment's confideration. My Lord, the firgle queftion is, Whether men who have rendered themfelves univerfally obnoxious to the people, fhall be continued in authority over them? To determine in the aflirmative, is to fet the fentiments of the people at defiance. Is there any man fo wicked as to with, er fo weak as to expe&, that a government, conducted on fuch principles, would be fecure or lafting? The folly of government may be fometimes forgiven, its injuftice never: but when folly and injuftice unite, it must be odious, weak, and contemptible. A little time, my Lord, will fhew, that government, in the hands of obnoxious men, is too arbi kingdoms I addrefs your Lordship, and cordially hope to engage the impartial attention of your underflanding, while I lay before you truths too important to be neglected at this crifis, when the happiness of a brave and loyal people, from wrong apprehenfions, is likely to be facrificed to minifterial power. The American-revenue act has long been matter of contention, and fonie of our moft judicious members have advised the repeal, wifely confidering it as the only means to prevent, perhaps, the total defection of the colonies: but this advice, though fo evidently calculated for the general good, has been difregarded; the duty on tea continued, an article 'tis well known, the Americans refufed to import; and lately the Eafl-India com pany have been authorised to fend over great quantities, configned to gentlemen who they thought proper to depute their agents; for it does not appear there was any order from the merchants; by which fratagem it was, doubtlefs, expected they would quietly have acknowledged the legality of the act. The event has proved the contrary: they are nobly unanimous in their determinations to refufe it; and, in confequence of this refufal, the public prints affure us feveral fhips are now fitting out for that ftation with all poffible expedition, probably to oblige them. Senfible difpaffionate men, my Lord, will never be convinced by violence; and obftinacy obftinacy is fo certain an indication of weakness, that for your own honour it will be neceffary to deliberate. I have lived fome years in America, have ftudied the difpofition of the inhabitants, and am, though a native of England, fincerely interested in their happincis. They are a polite, well-improved people, juftly tenacious of their liberty, and thoroughly fenfible of its value. From the cradle they are taught to boast their privilege, nor will they ever patiently endure the yoke of oppreffion. They are oppreffed, they are injured. Had they ever refused to grant his Majefty fach fupplies as were honourably requefted, or in any other inftance bec defec. tive in loyalty or obedience, there would be fome excufe for thefe proceedings: on the contrary, nothing can be alledged agaz them with juftice, but that they illet furrender their birthright, and perfevere in their determinations to raife fach monies as the exigencies of the ftate require, by fuch methods as fhall be leaft injurious to the happiness of individuals. Is it poffible an English parliament, even if the members of which it is compofed were wholly difinterested, fhould know properly how to levy contributions on a Country at fo great a diftance, and with which they are in general fo little acquainted? Have not the Americans reprefentatives of their own? and do they ever pafs a law without the royal approbation? Why then will you not grant them the privilege which other fubjects the fame predicament enjoy? the privilege of railing their money in a mode they moft approve? Surely nothing can be more reasonable. Should your Lordship attempt to enforce, by military difcipline, laws they do not acknowledge legal, the confequence will, I fear, be fatal; for fo determined are thefe generous people to preferve inviolate their rights, fo juftly are they animated by their apprehenfions of fabjection, that they would encounter patiently the mott terrible difficulties rather than fubmit: yes, they would Ihre the vast vollies of your thundering ore, And dye the Atlantic's verge with noble gore, ere they would fuffer themselves to be dipoffeffed of the inestimable bleffings they now enjoy, to purchafe which their forefathers endured the greateft diftrefs, and lived content in unfrequented woods, divefted of all the comforts and neceffaries of life. Confidered morally, my Lord, 'tis a very serious matter to interrupt the peace of thoufands; and the man who can calmly agree to meafures that are deftructive to his fellow-creatures, must be a bad member of fociety, and an open violator of the laws of Chriftianity. Your Lordship, I am told, makes particular profeffion of faith in this divine doctrine; and I have heard your conftant endeavours to avoid war attributed to very worthy motives. If this be true, my Lord, England has only to lament, that the abilities of your head do not keep pace with the virtues of your heart; and America may hope that your conduct at this juncture will not be fuch as shall rife up in judgement against you. His Majelly, from mifreprefentation, may be inclined to think his fubjects in the colonies obftinate and rebellious. 'Tis difficult for a prince to know the truth. It is more difficult fill to confider himself fimply as a man, and to unite his own intereft with that of his people: but whenever they are feparated, there is danger; and the more arbitrary the prince, the more miferable the subject, and the lefs his attachment to his fovereign. The King has not in any of his dominions more affectionate or valuable people than the Americans: on every proper occafion they have given undoubted proof of their loyalty, and were actually very valiant during the latt war. As father of his country, and head of the legislative body, they honour him; but when he gives his royal affent to laws without du? confideration, they never fail to obferve and lament it. A thorough knowledge of the conftitution of this country makes a part of their education; and as they are in general remarkably anxious for the public good, they never forget it. I fincerely with, my Lord, as much might be faid with truth of thofe at home, who have the management of the most important concerns; but it will, I fear, ever be matter of lamentation, that great men are render even fuch capacity as Heaven has fo totally debilitated by diffipation, as to beftowed, ufelefs. That your Lordfhip may never tremble at the tribunal of the Molt High for the abufe of yours, and that England and her colonies may never look back with horror to this period, is the unaffected hope of R. CHA |