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And in pages 72 and 73 of the fame pamphlet, there is another paffage, beginning with the words, "I cannot close this fubject, &c." down to the words, "found principles of the English conflitution," p. 73. 1. 11, that is worthy of the reader's attention. And the late Mr. Andrew Oliver, (who was, firft, Secretary, and afterwards Lieutenant-governour, of the province of the Maffachufets Bay,) in one of his letters to the late Mr. Thomas Whately, (who had been secretary to the treasury under the late Mr. George Grenville,) dated Feb. 13, 1769, writes as follows. "You obferve upon "two defects in our conftitution, the popular election of "the Council, and the return of Juries by the towns. "first of these arifes from the charter itself; the latter from "our provincial laws. As to the appointment of the Council, I am of opinion that neither the popular elec tions in this province, nor their appointment (in what are called the royal governments) by the King's man "damus, are free from exceptions; especially if the Council, as a legislative body, is intended to anfwer the idea of "the Houfe of Lords in the British legislature. There they "are fuppofed to be a free and independant body; and on their being fuch, the ftrength and firmnefs of the Conftitution does very much depend: whereas the election, or appointment of the Councils in the manner before-mention"ed, renders them altogether dependant on their conftitu"ents. The King is the Fountain of Honour; and, as such, "the Peers of the realm derive their honours from him. But "then they hold them by a furer tenure than the Pro"vincial Counsellors, who are appointed by mandamus. "On the other hand, our popular elections very often expose

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them to contempt: for nothing is more common than for "the Reprefentatives, when they find the Council a little untractable at the clofe of the year, to remind them that May is at hand. It is not requifite, that I know of, that a Counfellor fhould be a freeholder. Accord"ing

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❝ing to the charter, his refidence is a fufficient qualification; "for that provides only that he be an inhabitant of, or "proprietor of lands within, the diftrict for which he is

:

"chofen whereas the peers of the realm fit in the House of "Lords, (as I take it,) in virtue of their baronies. If "there fhould be a reform of any of the colony-charters, "with a view to keep-up the refemblance of the three "eftates in England, the legislative Council fhould confist " of men of landed eftates. But, as our landed eftates. "here are small at prefent, the yearly value of £. 100 ❝fterling per annum might, in fome of them at least, be a "fufficient qualification. As our eftates are partible after "the decease of the proprietor, the honour could not be " continued in families, as in England. It might, however,

be continued in the perfon appointed quamdiù fe benè "gefferit, and proof might be required of fome mal-prac"tice before a fufpenfion, or removal. Bankruptcy, alfo, "might be another ground for removal."-"The King "might have the immediate appointment [of thefe coun

fellors] by mandamus, as at prefent in the royal govern"ments."-"Befides this legislative council, a privy coun"cil might be established." Thefe authorities are furely very refpectable, and of prodigious weight in favour of fuch an amendment of the conftitutions of the King's Councils in North-America. Alterations of thofe governments in favour of liberty, that are fuggefted and recommended by fuch friends to Great-Britain as the authors of the foregoing paffages, feem to be indifputably reasonable, and expedient, and fit to be adopted by Great-Britain.

ELEVENTHLY.-To declare, by refolutions in both Houfes of Parliament, that it is not expedient to require the American colonies to contribute any thing toward the dif charge of the national debt already contracted, in any mode whatsoever, either by taxes to be imposed by the British Parliament

Parliament or by grants in their own affemblies, or in any other manner whatsoever; but only that it is just that they should contribute in a reasonable proportion, fuited to their several abilities, to the future expences of the British empire, that are of a general nature, and relate to all the dominions of the Crown, and of which they reap the benefit, as well as the inhabitants of Great-Britain.

TWELFTHLY.-To offer an act of pardon, indemnity, and oblivion to all the Americans who have offended the laws, upon their laying-down their arms, and returning to the obedience of the Crown within a limited time: withput making any exceptions whatfoever, not even of Mr. Samuel Adams and Mr. Hancock.

By fuch a plan the principal caufes of uneafinefs and difcontent amongst the Americans would, as I conceive, be taken-away; and, confequently, if they are fincere in their declarations of a defire to continue connected with GreatBritain, (as it seems highly probable that all the Colonies, except thofe of New-England, are; and, perhaps, even in those colonies, there may be many perfons of the fame difpofition;) it seems reasonable to hope that it would be generally approved and accepted by them; and yet the fupreme authority of the Parliament of Great-Britain would not be given-up.

F. M.

ON THE INEXPEDIENCY OF ESTABLISHING BISHOPS IN NORTH AMERICA.

To the Printer of the PUBLIC ADVERTISER.

March 24, 1778.

SIR, I SOME days ago obferved that it feemed to be neceffary, in the prefent happy difpofition of the miniftry to measures of Conciliation, to remove the apprehenfions of the Americans concerning the establishment of Bishops amongst them by the authority of the Crown, or of the Parliament. This measure I recommended, as being effential to the fuccefs of the intended treaty with America; there being no reafon to expect that the Americans will ever return to the allegiance of the Crown without a full fecurity in this important article. As a proof of their anxiety upon this fubject, I will now cite a paffage from one of their publick papers, written fo long ago as the year 1768, when few perfons, either there or in this country, could imagine that the diffenfions then fubfifting between the two countries would in fo fhort a time have rifen to their present dreadful height. And we may well fuppofe, that what they then were anxious to obtain, they will not now rẻceed-from. In the publick letter of the Houfe of Reprefentatives of the province of Maffachusetts Bay, in the month of January, 1768, to Mr. Dennis De Berdt, who was at that time their agent in England, (which is, indeed, a most able performance, and well worthy every gentleman's perufal fee Almon's Remembrancer, number 34, page 167, and feq.) there is the following paffage :

"The establishment of a Proteftant Epifcopate in "America is also very zealously contended-for. And it is very alarming to a people, whofe fathers, from the

"hardships

hardships they fuffered under fuch an establishment, were obliged to fly from their native country into a "wilderness, in order peaceably to enjoy their privileges, "civil and religious. Their being threatened with the ❝lofs of both at once muft throw them into a very difa"greeable fituation. We hope in God fuch an establish"ment will never take place in America; and we defire "you will ftrenuously oppofe it. The revenue raised in "America, for aught we can tell, may be as conftituti

onally applied towards the fupport of Prelacy as of foldi"ers and penfioners. If the property of the fubject is "taken from him without his confent, it is immaterial "whether it be done by one man or five hundred, or "whether it be applied for the fupport of Ecclefiaftical or "Military power, or both. It may be well worth the "confideration of the beft politician in Great-Britain or "America, what the natural tendency is of a vigorous "pursuit of these measures." This paffage, I prefume, is a fufficient proof of the dread and averfion the Americans entertain for the establishment of Epifcopacy amongst them.

Nor were they apprehenfive without reafon that fuch a measure was in agitation. For, in the fi ft place, when the British parliament paffed the act for impofing a flamp-duty in America, in the year 1765, they enumerated, amongst the written inftruments that were made liable to pay that duty, the feveral inftruments of Ecclefiaftical law which are ufed in the courts of Ecclefiaftical, or Episcopal, jurisdiction here in England, as Citations, Monitories, fentences of Excommunication, and the like: and it is reported with confidence, that, when the late Mr. George Grenville, (who was, Joe Canadian et that time, firft Lord of the Treafury, and Chancellor of the Exchequer) was told that the Enumeration of these instruments was unneceffary, as no fuch courts were known in America, he replied, that, though fuch courts were not as yet established in America, yet it was very poffible that they

might

Freeholder.

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