in America by act of parliament. Nothing was further from their
designs and wishes, than the drawing or sending this revenue into the
exchequer in England to be spent there in discharging the national
debt, and lessening the burdens of the poor people there. They
were more selfish. They chose to have the fingering of the money
themselves. Their design was, that the money should be applied, first
in a large salary to the governor. This would gratify Bernard's
avarice, and then it would render him and all other governors, not
only independent of the people, but still more absolutely a slave to
the will of the minister. They intended likewise a salary for the
lieutenant governor. This would appease in some degree the gnawings
of Hutchinson's avidity, in which he was not a whit behind Bernard
himself. In the next place, they intended a salary to the judges of
the common law, as well as admiralty. And thus the whole government,
executive and judicial, was to be rendered wholly independent of the
people, (and their representatives rendered useless, insignificant
and even burthensome) and absolutely dependant upon, and under the
direction of the will of the minister of State. They intended further
to new model the whole continent of North America, make an entire
new division of it, into distinct, though more extensive and less
numerous Colonies, to sweep away all the charters upon the continent,
with the destroying besom of an act of parliament, and reduce all the
governments to the plan of the royal governments, with a nobility in
each Colony, not hereditary indeed, at first, but for life. They did
indeed flatter the ministry and people in England, with distant hopes
of a revenue from America, at some future period, to be appropriated
to national uses there. But this was not to happen in their minds
for some time. The governments must be new modelled, new regulated,
reformed first and then the governments here would be able and
willing to carry into execution any acts of Parliament or measures of
the ministry, for fleecing the people here, to pay debts, or support
pensioners, on the American establishment, or bribe electors, or
members of parliament, or any other purpose that a virtuous ministry
could desire.
But as ill luck would have it, the British financier, was as selfish
as themselves, and instead of raising money for them, chose to raise
it for himself. He put the cart before the horse. He chose to get
the revenue into the exchequer, because he had hungry cormorants
enough about him in England whose _cooings_ were more troublesome to
his ears, than the croaking of the ravens in America. And he thought
if America could afford any revenue at all, and he could get it by
authority of parliament, he might have it himself, to give to his
friends, as well as raise it for the junto here, to spend themselves,
or give to theirs. This unfortunate preposterous improvement of Mr.
Grenville, upon the plan of the junto, had well nigh ruined the whole.
I will proceed no further without producing my evidence. Indeed to
a man who was acquainted with this junto, and had any opportunity
to watch their motions, observe their language, and remark their
countenances, for these last twelve years, no other evidence is
necessary; it was plain to such persons, what this junto was about.
But we have evidence enough now under their own hands of the whole of
what was said of them by their opposers, through this whole period.
Governor Bernard, in his letter July 11, 1764, says, "that a general
reformation of the American governments would become not only a
desirable but a necessary measure." What his idea was, of a general
reformation of the American governments, is to be learnt from his
principles of law and polity, which he sent to the ministry in 1764.
I shall select a few of them in his own words; but I wish the whole
of them could be printed in the newspapers, that America might know
more generally the principles and designs and exertions of our junto.
His 29th proposition is, "The rule that a British subject shall not
be bound by laws, or liable to taxes, but what he has consented
to, by his representatives, must be confined to the inhabitants of
Great Britain only; and is not strictly true even there. 30. The
parliament of Great Britain, as well from its rights of sovereignty,
as from occasional exigences, has a right to make laws for and impose
taxes upon its subjects in its external dominions, although they are
not represented in such parliament. But 31. Taxes imposed upon the
external dominions, ought to be applied to the use of the people,
from whom they are raised. 32. The parliament of Great Britain has
a right and duty to take care to provide for the defence of the
American Colonies; especially as such Colonies are unable to defend
themselves. 33. The parliament of Great Britain has a right and a
duty to take care that provision be made for a sufficient support of
the American governments. Because 34. The support of the government
is one of the principal conditions upon which a Colony is allowed the
power of legislation. Also because 35. Some of the American Colonies
have shewn themselves deficient in the support of their several
governments, both as to sufficiency and independency."
His 75th proposition is, "Every American government is capable of
having its constitution altered for the better. 76. The grants of the
powers of governments to the American Colonies by charters cannot
be understood to be intended for other than their infant or growing
States. 77. They cannot be intended for their mature state, that is
for perpetuity; because they are in many things unconstitutional
and contrary to the very nature of a British government; therefore
78. They must be considered as designed only as temporary means,
for settling and bringing forward the peopling the Colonies; which
being effected, the cause of the peculiarity of their constitution
ceases. 79. If the charters can be pleaded against the authority of
Parliament they amount to an alienation of the dominions of Great
Britain, and are in effect acts of dismembering the British empire,
and will operate as such, if care is not taken to prevent it. 83.
The notion which has heretofore prevailed, that the dividing America
into many governments, and different modes of government will be
the means to prevent their uniting to revolt, is ill founded;
since, if the governments were ever so much consolidated, it will
be necessary to have so many distinct States, as to make a union to
revolt, impracticable. Whereas 84. The splitting America into many
small governments, weakens the governing power, and strengthens that
of the people; and thereby makes revolting more probable and more
practicable. 85. To prevent revolts in future times (for there is
no room to fear them in the present) the most effectual means would
be, to make the governments large and respectable, and balance the
powers of them. 86. There is no government in America at present,
whose powers are properly balanced; there not being in any of them,
a real and distinct third legislative power mediating between the
king and the people, which is the peculiar excellence of the British
constitution. 87. The want of such a third legislative power, adds
weight to the popular, and lightens the royal scale; so as to destroy
the balance between the royal and popular powers. 88. Although
America is not now (and probably will not be for many years to come)
ripe enough for an hereditary nobility; yet it is now capable of a
nobility for life. 89. A nobility appointed by the king for life,
and made independent, would probably give strength and stability to
the American governments, as effectually as an hereditary nobility
does to that of Great Britain. 90. The reformation of American
governments should not be controuled by the present boundaries of
the Colonies; as they were mostly settled upon partial, occasional,
and accidental considerations, without any regard to a whole. 91. To
settle the American governments to the greatest possible advantage,
it will be necessary to reduce the number of them; in some places to
unite and consolidate, in others to separate and transfer; and in
general to divide by natural boundaries, instead of imaginary lines.
92. If there should be but one form of government established for
all the North American provinces, it would greatly facilitate the
reformation of them; since, if the mode of government was every where
the same, people would be more indifferent under what division they
were ranged. 93. No objections ought to arise to the alteration of
the boundaries of provinces from proprietors, on account of their
property only; since there is no occasion that it should in the least
affect the boundaries of properties. 94. The present distinction of
one government being more free or more popular than another, tend
to embarrass and to weaken the whole; and should not be allowed
to subsist among people, subject to one king and one law, and all
equally fit for one form of government. 95. The American Colonies, in
general, are, at this time, arrived at that state, which qualifies
them to receive the most perfect form of government; which their
situation and relation to Great Britain, make them capable of. 96.
The people of North America, at this time, expect a revisal and
reformation of the American governments, and are better disposed to
submit to it, than ever they were, or perhaps ever will be again.
97. This is therefore the proper, and critical time to reform the
American governments, upon a general, constitutional, firm, and
durable plan; and if it is not done now, it will probably every day
grow more difficult, till at last it becomes impracticable."
My friends, these are the words, the plans, principles, and
endeavours of governor Bernard in the year 1764. That Hutchinson and
Oliver, notwithstanding all their disguises which you well remember,
were in unison with him in the whole of his measures, can be doubted
by no man. It appeared sufficiently in the part they all along acted,
notwithstanding their professions. And it appears incontestibly from
their detected letters, of which more hereafter.
Now let me ask you, if the parliament of Great Britain, had all the
natural foundations of authority, wisdom, goodness, justice, power,
in as great perfection as they ever existed in any body of men since
Adam's fall; and if the English nation was the most virtuous, pure
and free, that ever was; would not such an unlimited subjection
of three millions of people to that parliament, at three thousand
miles distance be real slavery? There are but two sorts of men in
the world, freemen and slaves. The very definition of a freeman, is
one who is bound by no law to which he has not consented. Americans
would have no way of giving or withholding their consent to the acts
of this parliament, therefore they would not be freemen. But, when
luxury, effeminacy and venality are arrived at such a shocking pitch
in England, when both electors and elected, are become one mass
of corruption, when the nation is oppressed to death with debts
and taxes, owing to their own extravagance, and want of wisdom,
what would be your condition under such an absolute subjection to
parliament? You would not only be slaves. But the most abject sort
of slaves to the worst sort of masters! at least this is my opinion.
Judge you for yourselves between Massachusettensis and
NOVANGLUS.
ADDRESSED
_To the Inhabitants of the Colony of Massachusetts Bay_,
February 6, 1775.
MY FRIENDS,
The history of the tories, began in my last, will be interrupted for
some time; but it shall be reassumed, and minutely related, in some
future papers. Massachusettensis, who shall now be pursued, in his
own serpentine path; in his first paper, complains, that the press is
not free, that a party has gained the ascendency so far as to become
the licencers of it; by playing off the resentment of the populace,
against printers and authors: That the press is become an engine
of oppression and licentiousness, much devoted to the partisans of
liberty, who have been indulged in publishing what they pleased, _fas
vel nefas_, while little has been published on the part of government.
The art of this writer which appears in all his productions, is very
conspicuous in this. It is intended to excite a resentment against
the friends of liberty, for tyrannically depriving their antagonists,
of so important a branch of freedom, and a compassion towards the
tories, in the breasts of the people in the other Colonies and in
Great Britain, by insinuating, that they have not had equal terms.
But nothing can be more injurious, nothing farther from the truth.
Let us take a retrospective view of the period, since the last
peace, and see, whether they have not uniformly had the press at
their service, without the least molestation to authors or printers.
Indeed, I believe that the Massachusetts Spy, if not the Boston
Gazette have been open to them as well as to others. The Evening
Post, Massachusetts Gazette and Boston Chronicle, have certainly been
always as free for their use as the air. Let us dismiss prejudice
and passion, and examine impartially, whether the tories have not
been chargeable with at least as many libels, as much licentiousness
of the press, as the whigs? Dr. Mayhew was a whig of the first
magnitude, a clergyman equalled by very few of any denomination in
piety, virtue, genius or learning, whose works will maintain his
character, as long as New England shall be free, integrity esteemed,
or wit, spirit, humour, or reason and knowledge admired. How was he
treated from the press? Did not the reverend tories who were pleased
to write against him, the missionaries of defamation as well as
bigotry and passive obedience, in their pamphlets, and news papers,
bespatter him all over with their filth? With equal falsehood and
malice charge him with every thing evil? Mr. Otis, was in civil life;
and a senator, whose parts, literature, eloquence and integrity,
proved him a character in the world, equal to any of the time in
which he flourished, of any party in the province. Now be pleased
to recollect the Evening Post. For a long course of years, that
gentleman, his friends and connexions, of whom the world has, and
grateful posterity will have a better opinion than Massachusettensis
will acknowledge, were pelted with the most infernally malicious,
false, and atrocious libels, that ever issued from any press in
Boston. I will mention no other names, lest I give too much offence
to the modesty of some, and the envy and rancour of others.
There never was before, in any part of the world, a whole town
insulted to their faces, as Boston was, by the Boston Chronicle. Yet
the printer was not molested for printing, it was his mad attack upon
other printers with his clubs, and upon other gentlemen with his
pistols, that was the cause of his flight, or rather the pretence.
The truth was, he became too polite to attend his business, his shop
was neglected, procreations [Errata: procurations] were coming for
more than 2000 sterling, which he had no inclination to pay.
Printers may have been less eager after the productions of the tories
than of the whigs, and the reason has been because the latter have
been more consonant to the general taste and sense, and consequently
more in demand. Notwithstanding this, the former have ever found
one press at least devoted to their service, and have used it as
licentiously as they could wish. Whether the revenue chest has kept
it alive and made it profitable against the general sense, or not,
I wot not. Thus much is certain that 200, 3, 4, 5, 600, 800, 1500
sterling a year, has been the constant reward of every scribbler,
who has taken up the pen on the side of the ministry, with any
reputation, and commissions have been given here for the most
wretched productions of dulness itself. Whereas the writers on the
side of liberty, have been rewarded only with the consciousness of
endeavouring to do good, with the approbation of the virtuous and the
malice of men in power.
But this is not the first time, that writers have taken advantage of
the times. Massachusettensis knows the critical situation of this
Province. The danger it is in, without government or law: The army
in Boston.--The people irritated and exasperated, in such a manner
as was never before borne by any people under Heaven. Much depends
upon their patience at this critical time, and such an example of
patience and order, this people have exhibited in a state of nature,
under such cruel insults, distresses and provocations, as the history
of mankind cannot parallel. In this state of things protected by
an army, the whole junto are now pouring forth the whole torrents
of their Billingsgate, propagating thousands of the most palpable
falsehoods, when they know that the writers on the other side have
been restrained by their prudence and caution from engaging in a
controversy that must excite heats, lest it should have unhappy and
tragical consequences.
There is nothing in this world so excellent that it may not be
abused. The abuses of the press are notorious. It is much to be
desired that writers on all sides would be more careful of truth and
decency: but upon the most impartial estimate, the tories will be
found to have been the least so, of any party among us.
The honest Veteran, who ought not to be forgotten, in this place,
says, "if an inhabitant of Bern or Amsterdam, could read the
newspapers, &c. he would be at a loss how to reconcile oppression
with such unbounded licence of the press: and would laugh at the
charge, as something much more than a paradox, as a palpable
contradiction." But with all his taste, and manly spirit, the Veteran
is little of a statesman. His ideas of liberty are quite inadequate;
his notions of government very superficial. License of the press
is no proof of liberty. When a people is corrupted, the press may
be made an engine to complete their ruin: and it is now notorious,
that the ministry, are daily employing it to encrease and establish
corruption, and to pluck up virtue by the roots. Liberty can no more
exist without virtue and independence, than the body can live and
move without a soul. When these are gone, and the popular branch
of the constitution is become dependant on the minister, as it is
in England, or cut off as it is in America, all other forms of the
constitution may remain; but if you look for liberty, you will grope
in vain, and the freedom of the press, instead of promoting the cause
of liberty, will but hasten its destruction, as the best cordials
taken by patients, in some distempers, become the most rancid and
corrosive poisons.
The language of the Veteran, however, is like the style of the
minister and his scribblers in England boasting of the unbounded
freedom of the press, and assuring the people that all is safe, while
that continues; and thus the people are to be cheated with libels in
exchange for their liberties.
A stronger proof cannot be wished, of the scandalous license of the
tory presses, than the swarms of pamphlets and speculations, in New
York and Boston, since last October. "Madness, folly, delusion,
delirium, infatuation, phrensy, high treason and rebellion," are
charged in every page, upon three millions of as good and loyal, as
sensible and virtuous people, as any in the empire: nay upon that
congress, which was as full and free a representative, as ever was
constituted by any people, chosen universally without solicitation,
or the least tincture of corruption: that congress which consisted
of governors, counsellors, some of them by mandamus too, judges of
supreme courts, speakers of assemblies, planters and merchants of the
first fortune and character, and lawyers of the highest class, many
of them educated at the temple, called to the bar in England, and of
abilities and integrity equal to any there.
Massachusettensis, conscious that the people of this continent have
the utmost abhorrence of treason and rebellion, labours to avail
himself of the magic in these words. But his artifice is vain. The
people are not to be intimidated by hard words, from a necessary
defence of their liberties: Their attachment to their constitution
so dearly purchased by their own and their ancestors blood and
treasure, their aversion to the late innovations, their horror of
arbitrary power and the Romish religion, are much deeper rooted
than their dread of rude sounds and unmannerly language. They do
not want the advice of an honest lawyer, if such an one could be
found, nor will they be deceived by a dishonest one. They know what
offence it is, to assemble, armed and forcibly obstruct the course
of justice. They have been many years considering and inquiring,
they have been instructed by Massachusettensis and his friends, in
the nature of treason, and the consequences of their own principles
and actions. They know upon what hinge the whole dispute turns. That
the _fundamentals_ of the government over them, are disputed, that
the minister pretends and had the influence to obtain the voice
of the last parliament in his favour, that parliament is the only
supreme, sovereign, absolute and uncontroulable legislative over
all the Colonies, that therefore the minister and all his advocates
will call resistance, to acts of parliament, by the names of treason
and rebellion. But at the same time they know, that in their own
opinions, and in the opinions of all the Colonies, parliament has
no authority over them, excepting to regulate their trade, and this
not by any principle of common law, but merely by the consent of the
Colonies, founded on the obvious necessity of a case, which was never
in contemplation of that law, nor provided for by it; that therefore
they have as good a right to charge that minister, Massachusettensis
and the whole army to which he has fled for protection, with treason
and rebellion. For if the parliament has not a legal authority to
overturn their constitution, and subject them to such acts as are
lately passed, every man, who accepts of any commission and takes any
steps to carry those acts into execution, is guilty of overt acts
of treason and rebellion against his majesty, his royal crown and
dignity, as much as if he should take arms against his troops, or
attempt his sacred life. They know that the resistance against the
stampt act, which was made through all America, was in the opinion
of Massachusettensis, and George Grenville, high treason, and that
Brigadier Ruggles, and good Mr. Ogden, pretended at the congress
at New York, to be of the same mind, and have been held in utter
contempt and derision by the whole continent, for the same reason,
ever since; because in their own opinion, that resistance was a noble
stand against tyranny, and the only opposition to it, which could
have been effectual. That if the American resistance to the act for
destroying your charter, and to the resolves for arresting persons
here and sending them to England for trial is treason, the lords and
commons, and the whole nation, were traitors at the revolution.