The Virginia gazette — Williamsburg, Va., 1775-04-14 00:00:00, page 1

NUJIBERss 11. ,
APRIL 14,
177ss
VIRGINIA
GAZETTE;
,
5!
si Amssz m-z PUBLICK GOOD.si
-
.Y,
ALWAYs
I
L
T
E
B
R
'FOR
ALEXANDER ,PURDIE,
PRINTER,
'*\
ntinuation' of an appeal to the jzf/tsi'ice and
ct ' . 46 the pc. lus GRF-A'r
' B R ] T A! N, in tlf fare/Gut dispute:
Just/: AMERlCA.
DVV'ARD 1. or the English ]ustinirm,
- was thesswisest and mossmassnanimous
ofour princes; and as he had too much jus
stssice to refuse whathc knew to be the inhe
rent right of his people, so he had too much
wisdom and courage to he deludcd or com—
lled into a, concession which was not
hictl constitutional. This statute is
theresire cleservedly held in great venera
tion, and is of high authority. M. Dc
Lolme,' a very sugztcious rescarchcr into
the principles of our constitution, calls it.
" animportant statute, which,- in con
"* junction with ngim Clzurta, forms the
" basis of the Engliah constitution. If'it
" is from the latter," says he, " that the
" English ought to date the origin of their
" libert , it is to the former they owe its
" security. If the great charter is the
" rampart that defends the liberties of"
_" every individual, it is the statute that
if protects the grand-chdrtcr itself, and
" by which the people were enahlcd to
" make the law. superiour to.thc will of
" thectcrown."*
In the course of time, the acting by
deputation, which was adopted for con
Vcnicnce at first, became & settlcd practice.
Still, however, no fret—man, oswhntevcr
denomination, was denied the right of
voting for him who was to signify his
assent, or be his representativc in Parlia
ment, till the reign ofl-silenry VI . who; that
right was rcstrickffl to pcrsons having a
frzsiehold of fort linings annual value."
This niteratiem m ic syflsicm introduce-.!
two kinds of rcprc emation, real an}. vir
tnsizl. They who retained the right of
voting were really represented; they who
did not vote, but yet were i.}icldcd and
sccured in their portion ospropcrty by the
electors and clcckcd bearing tIu-ir prupur
tion in the gr-mts-magle, were wrtumgy
represented. Still, 'ctsshowcver, as the real
electors, though greatly circumserlbed in
ss number, oxmecl for {he gl'cnterpart osthe
silay property ot'shkingdom, the original
_ss Idea ok'thc grants in made by common
L consent continued, 11 governed all the
parliamenmry forms in voting snpphes.
The Commons are sidd to give :md grant,
the King thanks his good people isioxct' their
benevolenee, and the Ictords are not per
mitted to originate, alter, or amend &
money bill. There isssbut one instance,
within my knowledge, in which thefiouse
Os Lords were suffered to vF-nl'ue thisiss rush,
This wasin the time of Richard 71. wherein
the House of Commousi :zx'e said to have
:lsiented to an impusjzion whlsrh or}! "L'-..xtcd
in the upper lloule. It is true, llLL'si on
the patem so", 5 kid-sins} !. md in ;: ws]
etv osothershshmc es, she): F'u' "
sisisiLLlflzulsi',
-\.
and oslhc'n' own prosszc-L'f} ; But thssise nc
additionsid ])1'001'5 how pruv ,': m, LI.-si- isife ;;
was, that ]:ropc-rij cuzd'ss- ' L' " :] c-ctcti'ss
;:nd nhshhxh-h ! U'C-f: WZ' ' 'ss' '
Qui/fit. (le lss' ,',,_- ,ss-u m. . ssss .:
msictv i'ssnsi sszusct'l' qusi'si-u,1...' ss_'.; _ ; si is,.
;!siji.'sxsi*]l'/f'.\ l_rl'.ss1 lssct". l'.":'s';' ' "i '//'£ (.: sslsi ] [sisiz-ctsi'ct -ss s-Ll
/-*.l.( .l..'1' ]ctflss/ss/ngvsls ] - {. al-z'ssjjsifctsissl/j; if.- sim
_/fi.'zlu.ct.1.s_/u (Lct'si',,:.-'ss,ct .! ]:Iusi'ctsiss'.
Lord Clarcndon says, the orioin of sup;
plies to the Common 'had never hccn dis
{14th m the worst of times, and th xt the
ords acknowledgcdith1164o.5 \Vc me
told m the case statedcts a w ork knau 11 to
be written under the inspection of the
Lords, that the Lords s'l}, " as to what
concems their tights and plssixilegres,
" they pretend not to be the bcghmcxs of
" any ch 'Lrge to be laid on the cstutes of
" the suhj ;cct, nor to increase or :u'srment
" any that 1s already la,} ! by the House of
" Commons. 'lhis they concciw to be
" agm 1st the intcndment 01 the law, 9
" H IV . and the practkc of Patliaments
" ever since."
Is it possible that any one can, consistent
with common sense, deduce the side and
incommunieablc possesilon of this riffht os
giving and grant'mfflby the House of Com
mon-; from any-"jot er ori in than that of'
their representin the peop e? This proof,
therefore, won (! be alone silflicient to
show, that both in the principles and prae
tice as the constitution representation and
taxation are inseparable, and that it is not
the three estates, but those whom the
people'clect, who rc n'esent them.
But this positiou is 57" farther supported ,
by the constant practice of the clcrgv in
convOeation. The clergy were sidzject to
the general contronl and simer'mtending
powm' of the supreme legill.ztu1*c; but
Parliament never attempted to tnx them
while they WCTC rcprcsi-ntcd in convocnti—
on, nd not in the House of Comnwns.
thnever they contributed to the support
of government they did it by their own
consent, signified in their convocation, in
which my Lord (loke siws, they WCl'c all
by rcprcsent'sittton, or in pen-sun, presentfi.
It appears by the roll of the 4 licc. 2.
Nn 1 " 1 A That \\.'1.unn r71n Y'nnsr— r\4-*s'r\u*1_
- -_,, —T- ---- —-— ---- " —
mous .ossered to grant an aid, is the clergy
wbnld pay one third, as they poll'essed a
third of the realm, the clergy answered :
They were not to grant aich by Parliament ,
and therefore willecl the Commons to do
their duty, and they would do theirs. This
is in effect the language of Anterica, yet
it is idly called a strange new sangled doc
trine.1'\
From-all these general views os the con
stitution, both in its principlcs and practice,
it appears to lw-nne unisorln and inviolzdzlc
rule, that property could not be given but
by consent. Whether that consent. w us
signified in person, or by representation,
wits a matter merely of convenience; so
much so, indeed, that every one knows the
represtntativcs were formerly paid lss'or thein
trouble in attending upon the business. of
the whole. "l'he act osllenry VI. wlneh
Pl'Csi'l'llsed a qu'ssilisiention sorsielectors, re
gulate-al the exez'cile, but chcl not uhohsh
the sin-in; for there is a. mznnfest ;md eter
nxxl dii'zsir-rmee between regnl'siltinpss'the mode
in which ;). rissi'ht may he enjoyed, and
( i 'l-llifaingiss :1 ]ssvrint'ipsilewhich entirely ;nmi
l'vl ::ss-ss zh iz iissctht. 'l'o ellnlflill! the lum el'
' . . . . - " - 11. ' - .—
"5 til-" lirsitss " f'.u-li:!mem lidctlzht ...m grant
,. A ' _ .
".;'.1.!'.1:.4. '1.11,. ,(.siss.
ct; , . . -s ., ss ctssiss ss;--'1',',-.,A.'.!
" * lss ."u'l'ctss' (I! ()ld (As [zzsi s*'/l,t.,z ,.ss
]sisi', ssct 'ss'ct '.s'-'.' ,',' ,ss/Z ct'zsiJ' 4'.,)l /1(!1/.'./A'.l, As! -1.l :]
_ ' . . 1.__
fssssssss. , . lsi'si ss_,_ss/>/z_\ :] ,]..tss.,../ _/.._/,.csi,
' .' * ,. ,. ss . 1 , .. ,
-A s;
* ct '-. . ,.,,,'..silsi.,.
nuns . ss.(.*.:1 1.) A/[\' c'sstsi/[me lJ l'sils-ct- .: .'_ .
the property of tss c'pcoplc of America issi
most. clearly * "late tlxcirctfisihsstsictot
con senting to tl'st lsivoshl (:f'tcthfitvgro si ,,
in whole or in part., in person ot' XW
.
[!
scntution. ' si "5 si
' How far this is consistent with" the! 61;le
tence of" property, with the principle! Auf
practice of'ull free conllitutions, add especi
ally of our own, I have already shnfflvcd
the reader with the general means 05ng
ing. I shall now proceed to show, .WBL
the same principle pcrmdcs and ovcm
the particular instances in which it
ncccfllu'y that distinct: parts of the m ss .
should contribute to the support of gqvefnsifsi
ment, in (loins- which their own ctconsqpsitsilss
" si
was always der-meal inzllspcnsiiblc.
:
In the-tenth your of Edvmrd !. ill:
Prince being under a necessity ok'dcmzm'd-T
ing supplics, applied to his squectzsiiphsid—si
land, distinctly, to solicit a loan to enable
him to carry on the war against Wale's.*ct
Unscttled as the state ol'Irclaml thcq was;
the right of rnnting their own property
was considerec as so cilL-mial to an English
subject that the application was notmadc
to the Parliament at fl'cshnlnster, but to ss
the people themselves, whose money was
to be given. ' '
When the same Prince was again indis
tresi', he applied first to the clergy OFIFCf
land, for an :ulclixional fifteenth of the -_
lpiritunltics , and they prcrcmptorily refused
to ('omply'with the rcquisition. The Kin
rcspcdtcd the right of rcsusing, thdug
the refusal itself was so grievous a disap
pu'mtmcnt to him. He therefore neithcx ,
called in the absolute power of his English
]).xrlimnmt, 1101' of lzis :usimy, to mfumq_
the rcquilltion, lvnt applied to the laxity of,
ll'clflml, from uluun he rectlvqssd more
lkticsnctlon. Dr. Lcland tells [us-, .,mr
" after some altercation and delay", sizsiez _,
granted him ;; fifteenth of their effects." \
'l'hus this nmgnzmhnous Prince, 'wcll satls-ct ss
sicd that it was the inherent right of an _
English subject not _to have his PmPfl'TYsi.
taken from hnn but by his owngonsizm', . _
given by himself or by his representativb
chosen by hlmsi'll', whether that sub'cct
was in England or Irclund, he appliecl to
him , or tuhls representativd , so)- thc fixppliel . si
which were to arise out of his property.
But we find "the insepamblc connexion'
of" representation and taxation still more
irrefragably proved,'in the reign dedwarcl
Ill. ] will stsiltc 'thc truhsaclion, in the -
words of Dr. Lel'aml. Rctis distinguished,
and clccisivc. " -'
" The qu'llflment of England grew
" uneasi- under the but-then ul'fiqrponlng
" the King's lrifh (lomlnlons; they re
" n_1onllr,1tccl; they sulicitccl that shicsst
" lhquh'y lhoulcl he: made into the defici
* * 'cnclcs olsithe royal rcvchucs in this realm.
" The King was no less imprusizent to find
" :mz' part ul'thc snp'plics silc-ll'mcd to his
" mlsilitzurv scssvicc cliusinul to & purpose '
" which llC'lCL'llll'll (:anvhlch moment,
" thc support usu cliiln'clc-zsiccl government
" in ]H'l'llnl. An nctz-x-m, c.:llccl Nicholas
" Drsiuss'unrzh, usilsi sl-f'>'1'sil:sil in... !hls
. . . .
" (."(nmfz'zz 'siss- inl-i'lis .:ct" ss-c a lu rzizctsi
" sent 1fsi..ss 71'1'-;i;"'si . nsi' 15-si Cf'sl'-\11_ mcl
asiss- ],sssi . ,. ,v si / sin.,
\l//l. l,.ss , l. lsi. - - [us.nn ,
I,: [. .11- .il. ct !.Lt'-.'n.-. Ass.