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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 199   View pdf image (33K)
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The Lower House. 199


this Proclamation ought to be regarded with Abhorrence; for who
are a free People? Not those over whom Government is reasonably
and equitably exercised, but those who live under a Government so
constitutionally checked and controuled that proper Provision is
made against its being otherwise exercised. This Act of Power is
founded on the Destruction of this constitutional Security. If Pre-
rogative may rightfully regulate the frees agreeable to the late Inspec-
tion Law, it has a Right to fix any other Quantums; if it has a
Right to regulate to one Penny, it has a Right to regulate to a
Million; for where does its Right stop? At any given Point?
To attempt to limit it's Right, after granting it to exist at all,
is as contrary to Reason, as granting it to exist at all is con-
trary to Justice; if it has any Right to tax Us, then whether our
own Money shall continue in our own Pockets, or not, depends no
longer on Us, but on the Prerogative; there is nothing we can call
our own; and in the Words of a Light and Ornament of the
present Age, my Position is this. I repeat it again. I will maintain
it to my last Hours Taxation and Representation are inseparable.
This Position is founded on the Laws of Nature; it is more it is
itself an eternal Law of Nature; for whatever is a Man's own, is

L. H. J.
Liber No. 54
Nov. 22

absolutely his own; no Man hath a Right to take it from him without
his Consent, either expressed by himself or his Representative; who-
ever attempts to do it attempts an Injury; whoever does it, commits a
Robbery. He throws down the Distinction between Liberty and
Slavery. The Forefathers of the Americans did not leave their
native Country, and subject themselves to every Danger and Distress,
to be reduced to a State of Slavery. They did not give up their
Rights; for should the present Power continue, there is nothing
which they can call their own: Or in the Words of M.r Locke,
"What Property have they in that which another may by Right take
when he pleases, to himself?"

When we reflect, Sir, that you came to this Government with every
Motive to wish the Prosperity of the Province; when we reflect, that
you have omitted no Opportunity of declaring an Attachment to
the Constitution, and a Regard for the Rights and Liberties of the
Inhabitants; and that you have repeatedly expressed a Willingness
to concur, in Regulations tending to advance this Country, we are
desirous of indulging the fond Hope that you have not the least
Inclination to unite the Legislative and Executive Authorities, "the
Will to ordain and the Power to enforce it, in the same Person, as
thereby a Tyranny would be established"; and though your Excel-
lency, with the Advice of his Lordship's Council of State, issued
the Proclamation and also passed the Instrument under the Great
Seal establishing the ffees in the Land Office, after having put on
your Guard by the late Lower House, who had strongly objected
against a Continuance of the late Regulation of ffees, not only be-

p. 272



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 199   View pdf image (33K)
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