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will be difficult for any persons, but the makers of the laws, to determine, which of them are made for the regulating of trade, and which for raising a revenue; and that from hence may arise confusion.”
To this I answer, that the objection is of no force in the present case, or such as resemble it; because the act now in question, is formed expresly for the sole purpose of raising a revenue.
However, supposing the design of parliament had not been expressed, the objection seems to me of no weight, with regard to the influence which those who may make it, might expect it ought to have on the conduct of these colonies.
It is true, that impositions for raising a revenue, may be hereafter called regulations of trade: But names will not change the nature of things. Indeed we ought firmly to believe, what is an undoubted truth, confirmed by the unhappy experience of many states heretofore free, that unless the most watchful attention be exerted, a new servitude may be slipped upon us, under the sanction of usual and respectable terms.
Thus the Cæsars ruined the Roman liberty, under the titles of tribunicial and dictatorial authorities---old and venerable dignities, known in the most flourishing times of freedom. In imitation of the same policy, James II. when he meant to establish popery, talked of liberty of conscience, the most sacred of all liberties; and had thereby almost deceived the Dissenters into destruction.
All artful rulers, who strive to extend their power beyond its just limits, endeavor to give to their attempts as much semblance
the raising a revenue in America, yet it seems that it had as much in view the “improving and securing the trade between the same and Great-Britain,” which words are part of its title: And the preamble says, “Whereas it is expedient that new provisions and regulations should be established for improving the revenue of this kingdom, and for extending and securing the navigation and commerce between Great-Britain and your Majesty’s dominions in America, which by the peace have been so happily extended and enlarged,” &c. Secondly, All the duties mentioned in that act are imposed solely on the productions and manufactures of foreign countries, and not a single duty laid on any production or manufacture of our mother country. Thirdly, The authority of the provincial assemblies is not therein so plainly attacked as by the last act, which makes provision for defraying the charges of the “administration of justice,” and “the support of civil government.” Fourthly, That it being doubtful, whether the intention of the 4th Geo. III. Chap. 15, was not as much to regulate trade, as to raise a revenue, the minds of the people here were wholly engrossed by the terror of the Stamp-Act, then impending over them, about the intention of which there could be no doubt.
These reasons so far distinguish the 4th Geo. III. Chap. 15, from the last act, that it is not to be wondered at, that the first should have been submitted to, tho’ the last should excite the most universal and spirited opposition. For this will be found, on the strictest examination, to be, in the principle on which it is founded, and in the consequences that must attend it, if possible, more destructive than the Stamp-Act. It is, to speak plainly, a prodigy in our laws; not having one British feature.
