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ment of their son, till Mr. Foxcroft and I agree how to settle it.

There are some droll prints in the box, which were given me by the painter, and, being sent when I was not at home, were packed up without my knowledge. I think he was wrong to put in Lord Bute, who had nothing to do with. the Stamp Act. But it is the fashion to abuse that nobleman, as the author of all mischief.

To his wife, dated London, 13 June, 1766.

Mrs. Stevenson has made up a parcel of haberdashery for you, which will go by Captain Robinson. She will also send you another cloak, in the room of that we suppose is lost. I wrote to you, that I had been very ill lately. I am now nearly well again, but feeble. To-morrow I set out with. my friend Dr. Pringle (now Sir John), on a journey to Pyrmont, where he goes to drink the waters; but I hope more from the air and exercise, having been used, as you know, to have a journey once a year, the want of which last year has, I believe, hurt me, so that, though I was not quite to say sick, I was often ailing last winter, and through the spring. We must be back at farthest in eight weeks, as my fellow traveller is the Queen's physician, and has leave for no longer, as her Majesty will then be near her time. I purpose to leave him at Pyrmont, and visit some of the principal cities nearest to it, and call for him again when the time for our return draws nigh.*

In the Journals of the Pennsylvania Assembly it is mentioned, that a letter had been received from Dr. Franklin, dated June 10th, 1766, in which he had asked leave of the House to return home in the spring. No motion on the subject is recorded during the session; and, on the first day of the next session, his appointment as agent was renewed.-S.

W*

To Lord
Kames, dated

London, II
April, 1767.

I received your obliging favor of January the 19th. You have kindly relieved me from the pain I had long been under. You are goodness itself. I ought to have answered yours of December 25th, 1765. I never received a letter, that contained sentiments more suitable to my own. It found me under much agitation of mind on the very important subject it treated. It fortified me greatly in the judgment I was inclined to form, though contrary to the general vogue, on the then delicate and critical situation of affairs between Great Britain and the colonies, and on that weighty point, their union. You guessed aright in supposing that I would not be a mute in that play. I was extremely busy, attending members of both Houses, informing, explaining, consulting, disputing, in a continual hurry from morning till night, till the affair was happily ended. During the course of its being called before the House of Commons, I spoke my mind pretty freely. Enclosed I send you the imperfect account that was taken of that examination. You will there see how entirely we agree, except in a point of fact, of which you could not but be misinformed; the papers at that time being full of mistaken assertions, that the colonies had been the cause of the war, and had ungratefully refused to bear any part of the expense of it.

I send it you now, because I apprehend some late accidents are likely to revive the contest between the two countries. I fear it will be a mischievous one. It becomes a matter of great importance, that clear ideas should be formed on solid principles, both in Britain and America, of the true political relation between them, and the mutual duties belonging to that relation. Till this is done, they will be often jarring. I know none whose knowledge,

sagacity, and impartiality qualify him so thoroughly for such a service as yours do you. I wish, therefore, you would consider it. You may thereby be the happy instrument of great good to the nation, and of preventing much. mischief and bloodshed. I am fully persuaded with you, that a consolidating union, by a fair and equal representation of all the parts of this empire in Parliament, is the only firm basis on which its political grandeur and prosperity can be founded. Ireland once wished it, but now rejects it. The time has been, when the colonies might have been pleased with it; they are now indifferent about it; and, if it is much longer delayed, they too will refuse it. But the pride of this people cannot bear the thought of it, and therefore it will be delayed. Every man in England seems to consider himself as a piece of a sovereign over America; seems to jostle himself into the throne with the King, and talks of our subjects in the colonies. The Parliament cannot well and wisely make laws suited to the colonies, without being properly and truly informed of their circumstances, abilities, temper, &c. This it cannot be without representatives from thence; and yet it is fond of this power, and averse to the only means of acquiring the necessary knowledge for exercising it; which is desiring to be omnipotent, without being omniscient.

I have mentioned, that the contest is likely to be revived. It is on this occasion. In the same session with the Stamp Act, an act was passed to regulate the quartering of soldiers in America; when the bill was first brought in, it contained a clause, empowering the officers to quarter their soldiers in private houses; this we warmly opposed, and got it omitted. The bill passed, however, with a clause, that empty houses, barns, &c., should be hired for them; and that the respective

provinces, where they were, should pay the expense and furnish firing, bedding, drink, and some other articles to the soldiers, gratis. There is no way for any province to do this but by the Assembly's making a law to raise the money. The Pennsylvania Assembly has made such a law; the New York Assembly has refused to do it; and now all the talk here is, of sending a force to compel them.

The reasons given by the Assembly to the governor for the refusal are, that they understand the act to mean the furnishing such things to soldiers, only while on their march through the country, and not to great bodies of soldiers, to be fixed, as at present, in the province, the burden in the latter case being greater than the inhabitants can bear; that it would put it in the power of the captain-general to oppress the province at pleasure, &c. But there is supposed to be another reason at bottom, which they intimate, though they do not plainly express it; to wit, that it is of the nature of an internal tax laid on them by Parliament, which has no right so to do. Their refusal is here called rebellion, and punishment is thought of.

Now waving that point of right, and supposing the legislatures in America subordinate to the legislature of Great Britain, one might conceive, I think, a power in the superior legislature to forbid the inferior legislatures making particular laws; but to enjoin it to make a particular law, contrary to its own judgment, seems improper; an Assembly or Parliament not being an executive officer of government, whose duty it is, in law-making, to obey orders, but a deliberative body, who are to consider what comes before them, its propriety, practicability, or possibility, and to determine accordingly. The very nature of a Parliament seems to be destroyed by supposing it may be bound and

compelled, by a law of a superior Parliament, to make a law contrary to its own judgment.

Indeed, the act of Parliament in question has not, as in other acts when a duty is enjoined, directed a penalty on neglect or refusal, and a mode of recovering that penalty. It seems, therefore, to the people in America, as a mere requisition, which they are at liberty to comply with or not, as it may suit or not suit the different circumstances of the different provinces. Pennsylvania has therefore voluntarily complied. New York, as I said before, has refused. The ministry that made the act, and all their adherents, call for vengeance. The present ministry are perplexed, and the measures they will finally take on the occasion are yet unknown. But sure I am, that, if force is used, great mischief will ensue; the affections of the people of America to this country will be alienated; your commerce will be diminished; and a total separation of interests will be the final consequence.

It is a common, but mistaken notion here, that the colonies were planted at the expense of Parliament, and that therefore the Parliament has a right to tax them, &c. The truth is, they were planted at the expense of private adventurers, who went over there to settle, with leave of the King, given by charter. On receiving this leave, and those charters, the adventurers voluntarily engaged to remain the King's subjects, though in a foreign country; a country which had not been conquered by either King or Parliament, but was possessed by a free people.

When our planters arrived, they purchased the lands of the natives, without putting King or Parliament to any expense. Parliament had no hand in their settlement, was never so much as consulted about their constitution, and took no

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