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The Statute of the 9.th of Ann erecting a Post Office in the Colonies
has been generally adduced & acknowledg'd the strongest Precedent
for the late Stamp Act but besides the Answers commonly given it
cannot be said with Propriety to have been executed for altho' fre-
quent Breaches have been notoriously made of the Regulations &
Prohibitions of that Act there never has been a single Instance within
the Province nor probably in any other Colony of even a Prosecution
much less a Recovery for any Contravention of that Act so that any
Argument from the Colonists Acquiescence under an Act that has
not been executed is thought to be of very little Weight
The Charter of this Province is apprehended to amount to a
strong Declaration and Promise that its Inhabitants should not by
their Removal be stript of the Rights of Englishmen and the Royal
Faith stands thereby engaged for our quiet Enjoyment of those
Rights the British Colonists no doubt as British Subjects are entitled
to those Rights independent of the Charters of the particular Colonies
and 'tis fairly to be presumed That was the Sense of the whole
British Legislature in his late Majesty's Reign when the Act passed
for Naturalization of such foreign Protestants and others therein
mentioned as are settled or shall settle in any of his Matys Colonies
in America from the Motives assigned in the Preamble to fforeigners
to settle in the plantations — It is useless to remark that if the Colon-
ists have not forfeited the Rights they brought over as Englishmen
and British Subjects that they are not to be taxed but with their
own Consent and are Entitled to Tryal by Juries
The Memorial herewith sent you was designed it is said to have
been presented in the last Session of Parliament had it got Home
Time enough to have been delivered in with Propriety and is thought
by this House to contain a true Account of Facts and judicious
Conclusions in Reasoning but the Circumstances of this Province in
some Things differ from those of New York Our Staple as well
as that of Virginia is Tobacco the Preparation for and Cultivation
and Management of which constantly employ those who raise it so
that the Planter has no Time to share about Manufacturies or other
Matters the Produce of his Labour (now Tobo is of so little Value)
will scarce cloath his Family which is almost individually done in
British Manufacturies and was Tobo only relied on in this province
and Virginia the Disproportion between the Produce and Consump-
tion of that Article would soon incapacitate these Colonies from
Cloathing their Inhitants this necessarily forms our Connection with
the Northen Colonies who purchase our Grain Lumber and other
superfluous produce part of the Payment for which is in foreign
Specie almost as soon remitted to Great Britain as reced by us
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L. H. J.
Liber No. 52
Dec. 6
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