The Pennsylvania journal, or, Weekly advertiser — Philadelphia, Pa., 1776-04-24 00:00:00, page 1

LONDON Dec. a 3.
HOUSE OFLO R D S.
On Monday the following PROTEST was entered againd the
proceedings of the House on Friday last, on rhe second
reading of the bill to prohibit all trade and commerce with
certain Colonies in AMERICA;
Diffentient, . , ...
BECAUSE this bill, by confiding the Colonies in
America, as a foreign nation, and declaring war
on them in that character, has a dire& tendency to effect an
entire, and, we fear, permanent separation between the two
capital parts of this empire. It is new to behold a nation
making a reparation of its parts by a law, in hopes of re
uniting r herr by a treaty. The sovereign power has hitherto
always regarded rebellion as the criminal act of individuals,
and not the hostility of any great collective body of the com
munity. The framers of this bill admit the principle in its
full force although by all the provisions they every where
contradict it; for whilst the clauses of the bill tonfign all to
punishment, the preamble only declares, that many are guil
ty, the legiflaturc chafing to be considered rather as unjust to
particulars, than confefi itfelf to be universally odious. The
Eoglifh on both tides of the ocean are now taught by aCt of
Parliament to look on themselves as separate nations ; nations
fufreptible of general hostility, and proper parties for mul
tua) declarations of war, and treaties of .peace. We are by
this cl preparing their minds for that independence, which
we charge them with affe&ing, whilst we drive them to the
necessity of it by repeated injuries.
idly, BECAUSE this bill enables and encourages the navy
of England to make an indiferiminate prey of the property of
Fngbib {objects trading to or from the Colonies (even of rhe
ships which lie quiet in the American ports) without regarding
whether that property belongs to friends or enemies, to the
dutiful or to the d fobedient. This plan of promifeuous ra
pine (unworthy of the wisdom arid decorum of government)
must compleat what yet remains to be complicated, of the
union in North-America against the authority of Parliament.
Parliament in this bill seems much more inclined to distress,
than able or willing to protest. In North-America the re
fraTory and submissive may be blended together. In the
Weft-Indies all are innocent: but all are doomed to a much
more severe, and much more certain punishment, than falls
upon the mod guilty in North-America. The whole accom
modation, if not the immediate subsistence of the Weft-In
dia inlands, depends on a commercial connection with the
continent, from which by this bill they are exprefly refrain
ed. One of th: chief, and much the most plausible of the
complaints made last year against the North-American Colo
nies, was a refolntion on their part to withhold supply from
the sugar plantations. But this year we have made ourselves
to adopt and fan&fy that very condti& which we bad paint
ed to the world in such odious colours. It must appear as if
this bill was purposely made against the Weft-Indies ; and
left the people of the United Colon: s might return to senti
ments of fraternal affeaion, or from motives of felf-mtereft,
or from impatience of so hard a restraint, should disobey or
elude the orders of the Congress, and afford relief to our in
nocent planters in the Well-Indies, it fems as if an a& of
the British Parliament came in aid of that authority, and pro
vided that no supply whatsoever shall be carried to the Weft-
Indies, contrary to the resolution of the Congress.
3dly, BECAUSE this bill greatly exceeds in violence, the
pattern of injustice which it seems to follow. In some re
fpedts the prohibition of the Congress materially differed from
the prohibition of this bill—Their's was not immediate.
Time was given to the Weft-Indies for supply both from
America and other places. No confiscations weremade. We,
on the other hand, have permitted the trade from America,
as long as it was necessary to save ourselves from famine, and
to enable the Coionies to pay their debts. This supply they
have made plentifully, and many of tbefe debts they have
difeharged most honourably. In return for this, tons ufeful
and honourable behaviour, Ministry, abusing the bounty of
Providence, on the firft restoration of domestic plenty, has
fabricated a bill for seizing American velTels, now trading un
der the faith of an adt of Parliament, no flrip of their's be
ing fuffered to return to its own country, either from hence,
or from the Weft-Indies.
4thly, BECAUSE the bill, not Satisfied with making pre
datory war upon the trade of the Colonies, thinks it necessary
to Simulate particular avarice and rapacity to an activity in
such fe vice, by rendering captures of North American vessels
and goods, the property of the captors. This regulation is
now, for the firft time, by any regular authority in this king
dom) to be adopted in a civil contention. We consider this
method :f holding out the spoil of their fellow citizens for the
reward of alacrity in civil wars, as a source of the most dan
germs corruption that can be conceived, in the firft instance
to our navy, andin its consequence to our army. A number
of bold, enterprising men, trained to the profeffinn of arms,
with fortunes to make, and promotion to be obtained, are
naturally lovers of war. When they have once tasted of emo
luments from domeflic spoil, they will no longer look on the
commerce of England a, an object of protection, but of plun
der. They willfee the profperons date of peaceful domedic
induftrf, not with pleasure, but with envy. They will be
taught to with for those lucrative civil commotions, which they
will' always have the means of provoking. Our soldiers in the
land service will fee no reason for tlreir being diltinguilhed
from the marine; and they will call for the plunder of English
trading towns, when they fee that the teamen have been in
dulged in the plunder of English trading ships. If never can
be fafe for a flare to hold our an interest m difturbieg it, a
those who have the sword in their hand. The grtateft repub
lic, of which history gives us any knowledge, was subverted
. Numb. 174^
April 24,177'6.
PENNSYLVANIA ,4^^'^
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THE
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April 1776
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by this licence of domestic plunder. We are perfectly affar
ed, that the navy of England wants no such unnatural and
impious encouragement towards the performance of any duty,
which their known public spirit, and yet uncorrupted honour,
may make it fit for them to perform. And it is no less on
their's, than on the public account, a matter of the most seri
ous ailiiaion to us, that a service always looked upon (and
hitherto most justly) not only without fear or jealousy, but
with the most partial affection in every part of this empire,
ffiould be unnecessarily exposed to the lading odium which
mud attend those who are enriched from the spoils of citizens,
amongst whom they may be obliged to spend their lives, and
form their coneeftions. Civil wars (when they mud be made)
fliould be made in such a manner, as not to render the return
to peace and cordiality impracticable If the spoil ordered
by this act had been left in the Crown, the Crown might use
it as an encouragement for a return to obedience, and as a
means of future peace. It is now only a provocation, thru' de
spair and resentment, to perpetual hostility We cannot pof
fiblv difeern how any necessary operation of war is ftrengtheped
by his disgrace of legislature But if the arms now used, should
succeed so as to enforce a temporary and reluctant obedi
ence, we fee but too well, that this bill will leave such a fling
in the minds of the Colonies, as to render our government
there hated and fufpecled, and therefore for ever precarious.
Sthly, BECAUSE this bill, by anticipating all legal judg
ment of the offt nces of those whose goods are forfeited, over
turns one of the meft excellent and profoundly confidcred
parts of that fundamental law, the Declaration of Rights,
which declares, " that al! grants of fines and forfeitures of
' particular persons before conviction, are illegal and void."—
This provision is exprefriy made, left rapacious mi ifters,
feenting confifeation, or capacious foidiers allured by the lust
of plunder, should be induced to forge or provoke plots and
rebellions, in order to enrich themselves out of the public dil
orders. r
6t'nly, BECAUSE, very extensive commercial property of
British fubje&s (implicated by the nature of commercial in
tercourse with that of innocent Englishmen residing here) is
to be taken out of the equitable jurifdiaion of the common
law of England, and from that inestimable birthright of the
fubjeefts of this kingdom, a trial by jury, and carried to the
Court of Admiralty to be tried by a single judge, on the rules
of an arbitrary foreign law.
7thiy, BECAUSE the whole scheme of this predatory war
of private lucre, is put under the arbitrary direction of cer
tain commissioners, to us unknown, even by name; who
have power to give such continuance to the ravages autho
rifed by this Bill, as their arbitrary will shall suggest ; to par
don or except from pardon, any number or description of
persons, and with such exceptions as they shall fee tit, with
out any other rule than their own private opinion, fancy, ca
price, favour, or refeutment ; and without any other rule to
open or keep fliut, any colony, province, county, town,
diftria, or place. We are of opinion that the power left to
the Commissioners, is perfectly unjuftifiable and unconstitu
tional. It has besides a tendency to create the most fhameful
and mifehievous monopolies. The power given to the Ad
miralty, and to the Wed-India Governors, to license ships,
is of the fame nature. If such monopolies and jobbs should
not arise from such powers, it is no fault of this Bill, which,
as if it had these purposes in view, has taken especial care
to provide as ffrong a temptation, as human nature, set
above law and restraint, and furnifhed with every facility to
corruption, can possibly be exposed to.
Bthly, BECAUSE we know nothing of the business of these
Commissioners, further than the above arbitrary diferetion
with regard to pardons. Rumour gives out, that they are to
have a power to treat with the Americans for a redress of
their grievancies. Of this however neither the speech from
the throne, nor the bill have given the least intimation. Al
though if the Commissioners treat on this fubje& at all, acts
and powers of parliament being the matter ot complaint, the
Commissioners ought to derive some previous authority from
parliament, in order to give weight and efficacy to their ne
gociations, and to preserve some appearance ofdignity tn our
feives. It is hardly proper that, parliament should appear
in no other light than as the instrument of penal reftriaioas,
attainder, penalties and confections; as the maker of me
nacing addresses, and the rejector of dutiful petitions. It is
hardly decent to ihew ourselves fierce and inflexible here, but
to be fatisfied with permitting unknown persons whom mini
fit rs shall chufe in future to appoint, to dripofe in America of
powers and a&s of Parriamerv ar their pleasure : leaving us
firft the odium ot rejecting rcafonable requests, and afterwards
the disgrace of ra ifying fhameful concessions.
9thly, BECAUSE we reject with indignation, that clause
of this Bill, which by a refinement in tyranny, and in a sen
tence worse than death, obliges the unhappy men who shall
be made captives in this predatory war, to bear arms against
their families, kindred, friends, and country ; and after be
*ng plundered themselves, to become accomplices in plunder
ing their brethren. If there exists a doubt whether to juftify
the infliction of capital punishment or defection, it should be
n< ceffary to prove that a seaman was a pfeffed man or a vo
lunteer. The object of this clause is to deprive the American
teamen of the plea of his being a prefled man, as it declares
that he is to be confidcred to all invents and purposes, as hav
ing entered voluntarily into th^ service. By this civile, not
only common seamen, but matters of vessels are, without re
gard to age or circumstances, or condition, to be ignomini
oully turned before the mast, and fubjedted to the austere
discipline of the boatswain Persons, in that subordinate
nation, not being anortaterf with the liberal and ingenuous
spirit which distinguishes officers in the navy, and taught to
consider these forced volunteers as rebels, will be but too apt
to aggravate the miseries of captivity by insult and outrage-
These prisoners, among the comrades they are obliged to live
and serve with, may very probably be often forced to behold
the spoils of their honest industry, and the natural support
of their sober families, squandered in riot and profligate de
bauchery before their faces. This we look upon as he tad
degree of wretchedness and indignity, to which human nature
can be fubjerfted. This cruelty, unknown to the most
savage nations, is to be pradtifed by Engiifhmen on English
men. It has been said in Parliament, that the pay the pri
soners are to receive is to be considered as a full compenfatiou
for the principles they are obliged to violate.? We do not
envy any one that sentiment. Anaitempt is also made to juf
tify it by the supposed right of pressing. We cannot con
ceive that the burthens of fubjeeftion ought ever to be im
poftd, where the protection belonging to it is denied, or
that a man can ever be difpoiled ot his goods as a foreign
enemy, and at the fame time obliged to serve the state as a
citizen. This compulsion we have never heard to be practised
on any prisoners in war, or rebellion—nor do we know any
example of it, except among pirates—the outlaws and ene
mies of human focicty.
lothly, BECAUSE a bill so unprecedented in its nature, and
so important in its consequences, is brought in at a time of
year, when by experience it is known, that most of the inde
pendent members of both houses are called away by their do
medic affairs, and when few but those io the immediate pay
of the court, and attending on their employments are in town.
This we conceive, to be done in order to impress the public
with a dclufive idea, that those measures are agreable to g rat
er numbers in both houses, than in reality they are. The on
ly part of this bill which we approve is the repeal of the
unjust and improvident a&s which have produced all thr vil
effects we had forefeen, and none of the good which was pre
tended as the ground for making them ; a&, as unfit for, as
incapable of execution. - But to our inexpressible grief, and to
the disgrace of the public councils of this kingdom, mirift^rs,
untaught by misfortunes, and unchecked by difappoinrments,
at the very infant they are obliged to demolish the old fabric
of their oppreflion, as useless and mifehievous. are building
up another on nearly the fame model, and with the fame ma
terials, adding only something more of that injustice and vio
lence, which have always proved mifehievous, in proportion
as they have been augmented./
RICHMOND. ROCKINGHAM,
PONSONBY, CHEDWORT,
FITZWILLIAM, ABINGTON,
ABERGAVENNY, MANCHESTER.
#o^o##ofeofcofoDfocifoofo efoogoofo ofoo^oofoofoofo cfoofo
LETTER 111.
To C A T O.
GATO'S partizans may call me furious; I regard it not.
There are men too, who have not virtue enough to be
angry, and that crime perhaps is Cato's—He who dares not
offend cannot be honest. Having thus balanced the charge,
I proceed to Cato's 4th, §th, 6th, and 7th letters, all of
which, as they contain but little matter, I shall dismiss with
as little trouble and less formality.
His fourth letter is introduced with a punning Soliloquy—
Cato's title to Soliloquies is indisputable; because no man
cares for his company.* However, he disowns the writing
it, and assures his readers that it 64 was really put into his
hands." I always con sider this confirming mode of expres
sion, as betraying a suspicion of one's felf; and in this place
it amounts to just as much as if Cato had said, " you know
my failing. Sirs, but what I tell you now is really t^e."
Well !- be it so Cato; you shall have all the credit you ask
for; and as to when, or where, or how you got it, wh- was
the author, or who the giver, I shall not enquire after; being
fully convinced by the poetical merit of the performance,
that tho'/the writer of it may be an Allen, he'll never be a
Ramfav, Thus much for the Soliloquy; and if this gentle
chastisement should be the means of preventing Cato or his
colleague, from mingling their punning nanfenfe, with fub
jedts of such a serious nature as the present one truly is, it
will answer one of the ends it was intended for
Cato's fourth, and the greatest part of his fifth Letters, are
couftrutfted on a faffc meaning uncivilly imposed on a pafi
sage quoted from Common Sense; and for which, the author of
that phamplet hath a right to expert from Cato the usual con
cessions. I shall quote the passage entire, with Cato additi
onal meaning, and the inferrences which he draws therefrom.
He introduces it with faying, " In my remarks on the
" pamphlet before me, I fha,l firft confider those arguments
" on which, he (the author) appears to lay his chief stress;
" and these are col le<fted under four heads in his conclusion,"
" one of which is, " Itis the Guftom of nations -when an, two
" are at war, for some other powers not engaged in the quarrel,
" to Jlep in b, way of Mediators, and bring about the prelimena
" ries of a peace ; bat while America cells berfelf the fubjeft of
" Great- Britain, no power, however well dfptfed foe ma, be can
'' offer her mediation. Themeaniog contained in this passage
is so exceeding plain, and expressed in such easy and familiar
terms, that it scarcely admits of being made plainer. No one,
I think, could have understood it any other wife, than that
while we continue to call ourselves British Subjects, the
quarrel between us can only be called a family quarrel, in
which, if would be just as indelicate for any other nation to
advise, or any ways to meddle or make, even with their offers
of mediation, as it would be for a third person to interfere
in a quarrel between a man and his wife. Whereas, were'
~!■■.!».... .-.-I- 11- T-- 1
* As tbi> piece may poffibb fall into the hands of some who arc
not acquainted with the word Soliloquy, for their information thee
fefe of it is given, viz. “ talking to one's feif.
, Allen Ramsay, a famous Scotch poet cf genuine w,t g=a
humour.