That it is owing to those committees that so many persons have been

found to recant and resign, and so many others to fly to the army,

is a mistake; for the same things would have taken place, if such a

committee had never been in being, and such persons would probably

have met with much rougher usage. This writer asks, "have not these

persons as good a right to think and act for themselves as the

whigs?" I answer yes. But if any man, whig or tory, shall take it

into his head to think for himself, that he has a right to take my

property, without my consent; however tender I may be of the right of

private judgment and the freedom of thought, this is a point in which

I shall be very likely to differ from him, and to think for myself,

that I have a right to resist him. If any man should think, ever

so conscientiously that the Roman Catholic religion is better than

the Protestant, or that the French government is preferable to the

British constitution in its purity; Protestants and Britons, will not

be so tender of that man's conscience as to suffer him to introduce

his favourite religion and government. So the well bred gentlemen,

who are so polite as to think, that the charter constitution of

this province ought to be abolished, and another introduced, wholly

at the will of a minister or the crown; or that our ecclesiastical

constitution is bad, and high church ought to come in, few people

will be so tender of these consciences or complaisant to such

polite taste, as to suffer the one or the other to be established.

There are certain prejudices among the people, so strong, as to be

irresistible. Reasoning is vain, and opposition idle. For example,

there are certain popular maxims and precepts called the ten

commandments. Suppose a number of fine gentlemen, superior to the

prejudices of education, should discover that these were made for the

common people, and are too illiberal for gentlemen of refined taste

to observe; and accordingly should engage in secret confidential

correspondences to procure an act of parliament, to abolish the whole

decalogue, or to exempt them from all obligation to observe it. If

they should succeed, and their letters be detected, such is the force

of prejudice, and deep habits among the lower sort of people, that

it is much to be questioned, whether those refined geniuses would

be allowed to enjoy themselves in the latitude of their sentiments.

I once knew a man, who had studied Jacob Beckman and other mystics

until he conscientiously thought the millenium commenced, and all

human authority at an end; that the saints only had a right to

property, and to take from sinners any thing they wanted. In this

persuasion, he very honestly stole a horse. Mankind pitied the poor

man's infirmity, but thought it however their duty to confine him

that he might steal no more.

The freedom of thinking was never yet extended in any country so far,

as the utter subversion of all religion and morality; nor as the

abolition of the laws and constitution of the country.

But "are not these persons as closely connected with the interest

of their country as the whigs?" I answer, they are not: they have

found an interest in opposition to that of their country, and are

making themselves rich and their families illustrious, by depressing

and destroying their country. But "do not their former lives and

conversations appear to have been regulated by principles, as much as

those of the whigs?" A few of them, it must be acknowledged, until

seduced by the bewitching charms of wealth and power, appeared to be

men of principle. But taking the whigs and tories on an average, the

balance of principle, as well as genius, learning, wit and wealth, is

infinitely in favour of the former. As to some of these fugitives,

they are known to be men of no principles at all, in religion, morals

or government.

But the "policy" is questioned, and you are asked if you expect to

make converts by it? As to the policy or impolicy of it, I have

nothing to say; but we do not expect to make converts of most of

those persons by any means whatever, as long as they have any hopes

that the ministry will place and pension them. The instant these

hopes are extinguished, we all know they will be converted of course.

Converts from places and pensions are only to be made by places and

pensions; all other reasoning is idle; these are the _penultima

ratio_ of the tories, as field pieces are the _ultima_.

That we are not "unanimous is certain." But there are nineteen on one

side to one on the other, through the province; and ninety-nine, out

of an hundred of the remaining twentieth part, can be fairly shewn

to have some sinister private view, to induce them to profess his

opinion.

Then we are threatened high, that "this is a changeable world, and

times rolling wheel may ere long bring them uppermost, and in that

case we should not wish to have them fraught with resentment."

To all this we answer, without ceremony, that they always have been

uppermost, in every respect, excepting only the esteem and affection

of the people; that they always have been fraught with resentment

(even their cunning and policy have not restrained them) and we know

they always will be; that they have indulged their resentment and

malice, in every instance in which they had power to do it; and we

know that their revenge will never have other limits, than their

power.

Then this consistent writer, begins to flatter the people; "he

appeals to their good sense, he knows they have it;" the same people,

whom he has so many times represented as mad and foolish.

"I know you are loyal and friends to good order." This is the

same people that, in the whole course of his writings, he has

represented as continuing for ten years together in a continual

state of disorder, demolishing the chair, board, supreme court, and

encouraging all sorts of riots, insurrections, treason and rebellion.

Such are the shifts to which a man is driven, when he aims at

carrying a point, not at discovering truth.

The people are then told that "they have been insidiously taught to

believe that Great Britain is rapacious, cruel and vindictive, and

envies us the inheritance purchased by the sweat and blood of our

ancestors." The people do not believe this--they will not believe it.

On the contrary, they believe, if it was not for scandals constantly

transmitted from this province by the tories, the nation would

redress our grievances. Nay as little as they reverence the ministry,

they even believe that the lords North, Mansfield and Bute would

relieve them, and would have done it long ago, if they had known

the truth. The moment this is done "long live our gracious king and

happiness to Britain," will resound from one end of the province to

the other; but it requires a very little foresight to determine, that

no other plan of governing the province and the colonies will ever

restore a harmony between the two countries, but desisting from the

plan of taxing them and interfering with their internal concerns,

and returning to that system of colony administration, which nature

dictated, and experience for one hundred and fifty years found useful.

NOVANGLUS.

ADDRESSED

_To the Inhabitants of the Colony of Massachusetts Bay_,

March 6, 1775.

MY FRIENDS,

Our rhetorical magician, in his paper of January the 9th continues

to _wheedle_. "You want nothing but to know the true state of facts,

to rectify whatever is amiss." He becomes an advocate for the poor

of Boston! Is for making great allowance for the whigs. "The whigs

are too valuable a part of the community to lose. He would not draw

down the vengeance of Great Britain. He shall become an advocate for

the leading whigs." &c. It is in vain for us to enquire after the

_sincerity_ or _consistency_ of all this. It is agreeable to the

precept of Horace. _Irritat, mulcet, falsis terroribus implet, ut

magus._ And that is all he desires.

After a long discourse, which has nothing in it, but what has been

answered already, he comes to a great subject indeed, the British

constitution; and undertakes to prove that "the authority of

parliament extends to the colonies."

Why will not this writer state the question fairly? The whigs

allow that from the necessity of a case not provided for by common

law, and to supply a defect in the British dominions, which there

undoubtedly is, if they are to be governed only by that law, America

has all along consented, still consents, and ever will consent, that

parliament being the most powerful legislature in the dominions,

should regulate the trade of the dominions. This is founding the

authority of parliament to regulate our trade, upon _compact_

and _consent_ of the colonies, not upon any principle of common

or statute law, not upon any original principle of the English

constitution, not upon the principle that parliament is the supreme

and sovereign legislature over them in all cases whatsoever.

The question is not therefore, whether the authority of parliament

extends to the colonies in any case; for it is admitted by the whigs

that it does in that of commerce: but whether it extends in all cases.

We are then detained with a long account of the three simple forms of

government; and are told that "the British constitution consisting of

king, lords and commons, is formed upon the principles of monarchy,

aristocracy and democracy, in due proportion; that it includes the

principal excellencies, and excludes the principal defects of the

other kinds of government--the most perfect system that the wisdom

of ages has produced, and Englishmen glory in being subject to and

protected by it."

Then we are told, "that the colonies are a part of the British

empire." But what are we to understand by this? Some of the colonies,

most of them indeed, were settled before the kingdom of Great Britain

was brought into existence. The union of England and Scotland, was

made and established by act of parliament in the reign of queen

Ann; and it was this union and statute which erected the kingdom

of Great Britain. The colonies were settled long before, in the

reigns of the Jameses and Charleses. What authority over them had

Scotland? Scotland, England, and the colonies were all under one

king before that; the two crowns of England and Scotland, united on

the head of James the first, and continued united on that of Charles

the first, when our first charter was granted. Our charter being

granted by him, who was king of both nations, to our ancestors, most

of whom were _post nati_, born after the union of the two crowns,

and consequently, as was adjudged in Calvin's case, free, natural

subjects of Scotland, as well as England; had not the king as good

a right to have governed the colonies by his Scottish, as by his

English parliament, and to have granted our charters under the seal

of Scotland, as well as that of England?

But to wave this. If the English parliament were to govern us, where

did they get the right, without our consent to take the Scottish

parliament into a participation of the government over us? When this

was done, was the American share of the democracy of the constitution

consulted? If not, were not the Americans deprived of the benefit of

the democratical part of the constitution? And is not the democracy

as essential to the English constitution, as the monarchy or

aristocracy? Should we have been more effectually deprived of the

benefit of the British or English constitution, if one or both houses

of parliament, or if our house and council had made this union with

the two houses of parliament in Scotland, without the king?

If a new constitution was to be formed for the whole British

dominions, and a supreme legislature coextensive with it, upon the

general principles of the English constitution, an equal mixture

of monarchy, aristocracy and democracy, let us see what would be

necessary. England had six millions of people we will say: America

had three. England has five hundred members in the house of commons

we will say: America must have two hundred and fifty. Is it possible

she should maintain them there, or could they at such a distance

know the state, the sense or exigencies of their constituents?

Ireland, too, must be incorporated, and send another hundred or two

of members. The territory in the East Indies and West India Islands

must send members. And after all this, every navigation act, every

act of trade must be repealed. America and the East and West Indies

and Africa too must have equal liberty to trade with all the world,

that the favoured inhabitants of Great Britain have now. Will the

ministry thank Massachusettensis for becoming an advocate for such

an union and incorporation of all the dominions of the king of Great

Britain? Yet without such an union, a legislature which shall be

sovereign and supreme in all cases whatsoever, and coextensive with

the empire, can never be established upon the general principles

of the English constitution, which Massachusettensis lays down,

viz. an equal mixture of monarchy, aristocracy and democracy. Nay

further, in order to comply with this principle, this new government,

this mighty Colossus, which is to bestride the narrow world, must

have an house of lords consisting of Irish, East and West Indian,

African, American, as well as English and Scottish noblemen; for the

nobility ought to be scattered about all the dominions, as well as

the representatives of the commons. If in twenty years more America

should have six millions of inhabitants, as there is a boundless

territory to fill up, she must have five hundred representatives.

Upon these principles, if in forty years she should have twelve

millions, a thousand; and if the inhabitants of the three kingdoms

remain as they are, being already full of inhabitants, what will

become of your supreme legislative? It will be translated, crown

and all, to America. This is a sublime system for America. It will

flatter those ideas of independency, which the tories impute to them,

if they have any such, more than any other plan of independency that

I have ever heard projected.

"The best writers upon the law of nations, tell us, that when a

nation takes possession of a distant country and settles there,

that country, though separated from the principal establishment, or

mother country, naturally becomes a part of the state, equal with

its ancient possessions." We are not told who these "best writers"

are: I think we ought to be introduced to them. But their meaning

may be no more, than that it is best they should be incorporated

with the ancient establishment by contract, or by some new law

and institution, by which the new country shall have equal right,

powers and privileges, as well as equal protection; and be under

equal obligations of obedience with the old. Has there been any such

contract between Britain and the colonies? Is America incorporated

into the realm? Is it a part of the realm? Is it a part of the

kingdom? Has it any share in the legislative of the realm? The

constitution requires that every foot of land should be represented

in the third estate, the democratical branch of the constitution.

How many millions of acres in America, how many thousands of wealthy

landholders, have no representatives there.

But let these "best writers" say what they will, there is nothing in

the law of nations, which is only the law of right reason, applied

to the conduct of nations, that requires that emigrants from a state

that should continue, or be made a part of the state.

The practice of nations has been different. The Greeks planted

colonies, and neither demanded nor pretended any authority over them,

but they became distinct independent commonwealths.

The Romans continued their colonies under the jurisdiction of

the mother commonwealth; but, nevertheless, she allowed them the

privileges of cities. Indeed that sagacious city seems to have been

aware of difficulties, similar to those, under which Great Britain is

now labouring; she seems to have been sensible of the impossibility

of keeping colonies, planted at great distances, under the absolute

controul of her _senatus consulta_. Harrington tells us, Oceana p.

43. that "the commonwealth of Rome, by planting colonies of its

citizens within the bounds of Italy, took the best way of propagating

itself, and naturalizing the country; whereas if it had planted such

colonies without the bounds of Italy, it would have alienated the

citizens, and given a root to liberty abroad, that might have sprung

up foreign, or savage and hostile to her; _wherefore it never made

any such dispersion of itself and its strength_, till it was under

the yoke of the emperors, who disburdening themselves of the people,

as having less apprehension of what they could do abroad than at

home, took a contrary course." But these Italian cities, although

established by decrees of the senate of Rome, to which the colonist

was always party, either as a Roman citizen about to emigrate, or as

a conquered enemy treating upon terms; were always allowed all the

rights of Roman citizens, and were governed by senates of their own.

It was the policy of Rome to conciliate her colonies, by allowing

them equal liberties with her citizens. Witness the example of the

Privernates. This people had been conquered, and complaining of

oppressions, revolted. At last they sent ambassadors to Rome to treat

of peace. The senate was divided in opinion. Some were for violent,

others for lenient measures. In the course of the debate, a senator,

whose opinion was for _bringing them to his feet_, proudly asked

one of the ambassadors, what punishment he thought his countrymen

deserved? _Eam inquit, quam merentur, qui se libertate dignos

censent._ That punishment which those deserve, who think themselves

worthy of liberty. Another senator, seeing that the _ministerial

members_ were exasperated with the honest answer, in order to divert

their anger, asks another question. What if we remit all punishment?

What kind of a peace may we hope for with you? _Si bonam dederitis,

inquit et fidam, et perpetuam; si malam, haud diuturnam._ If you give

us a just peace, it will be faithfully observed, and perpetually:

but if a bad one, it will not last long. The _ministerial_ senators

were all on fire at this answer, cried out sedition and rebellion;

but the wiser majority decreed, "_viri et liberi, vocem auditam, an

credi posse, ullum populum, aut hominem denique, in ea conditione,

cujus cum paeniteat, diutius, quam necesse sit, mansurum? Ibi pacem

esse fidam, ubi voluntarii pacati sint; neque eo loco, ubi servitutem

esse velint, fidem sperandam esse._" "That they had heard the voice

of a man and a son of liberty; that it was not natural or credible

that any people, or any man, would continue longer than necessity

should compel him, in a condition that grieved and displeased him.

A faithful peace was to be expected from men whose affections were

conciliated, nor was any kind of fidelity to be expected from

slaves." The consul exclaimed, "_Eos demum qui nihil, praeterquam de

libertate, existent, dignos esse qui Romani fiant._" That they who

regarded nothing so much as their liberty, deserved to be Romans.

"_Itaque et in senatu causam obtinuere, et ex auctoritate patrum,

latum ad populum est, ut Privernatibus civitas daretur._" Therefore

the Privernates obtained their cause in the senate, and it was by

the authority of those fathers, recommended to the people, that

the privileges of a city should be granted them. The practice of

free nations only can be adduced, as precedents of what the law of

nature has been thought to dictate upon this subject of colonies.

Their practice is different. The senate and people of Rome did not

interfere commonly by making laws for their colonies, but left them

to be ruled by their governors and senates. Can Massachusettensis

produce from the whole history of Rome, or from the Digest, one

example of a _Senatus consultum_ or a _Plebiscitum_ laying taxes on

the colony?

Having mentioned the wisdom of the Romans, for not planting colonies

out of Italy, and their reasons for it, I cannot help recollecting

an observation of Harrington, Oceana, p. 44. "For the colonies in

the Indies," says he, "they are yet babes, that cannot live without

sucking the breasts of their mother cities; but such as I mistake,

if, when they come of age, they do not wean themselves, which causes

me to wonder at princes that delight to be exhausted that way." This

was written 120 years ago; the colonies are now nearer manhood than

ever Harrington foresaw they would arrive, in such a period of time.

Is it not astonishing then, that any British minister should ever

have considered this subject so little, as to believe it possible

for him to new model all our governments, to tax us by an authority

that never taxed us before, and subdue us to an implicit obedience to

a legislature, that millions of us scarcely ever thought any thing

about?

I have said, that the practice of free governments alone can be

quoted with propriety, to shew the sense of nations. But the sense

and practice of nations is not enough. Their practice must be

reasonable, just and right, or it will not govern Americans.

Absolute monarchies, whatever their practice may be, are nothing to

us. For as Harrington observes, "Absolute monarchy, as that of the

Turks, neither plants its people at home nor abroad, otherwise than

as tenants for life or at will; wherefore its national and provincial

government is all one."

I deny, therefore, that the practice of free nations, or the opinions

of the best writers upon the law of nations, will warrant the

position of Massachusettensis, that when a nation takes possession

of a distant territory, that becomes a part of the state equally

with its ancient possessions. The practice of free nations, and the

opinions of the best writers, are in general on the contrary.

I agree, that "two supreme and independent authorities cannot exist

in the same state," any more than two supreme beings in one universe.

And therefore I contend, that our provincial legislatures are the

only supreme authorities in our colonies. Parliament, notwithstanding

this, may be allowed an authority supreme and sovereign over the

ocean, which may be limited by the banks of the ocean, or the bounds

of our charters; our charters give us no authority over the high

seas. Parliament has our consent to assume a jurisdiction over them.

And here is a line fairly drawn between the rights of Britain and

the rights of the colonies, viz. the banks of the ocean, or low

water mark; the line of division between common law and civil, or

maritime law. If this is not sufficient--if parliament are at a loss

for any principle of natural, civil, maritime, moral or common law,

on which to ground any authority over the high seas, the Atlantic

especially, let the Colonies be treated like reasonable creatures,

and they will discover great ingenuity and modesty. The acts of trade

and navigation might be confirmed by provincial laws, and carried

into execution by our own courts and juries, and in this case illicit

trade would be cut up by the roots forever. I knew the smuggling

tories in New-York and Boston would cry out against this, because

it would not only destroy their profitable game of smuggling, but

their whole place and pension system. But the whigs, that is a vast

majority of the whole continent, would not regard the smuggling

tories. In one word, if public principles and motives and arguments,

were alone to determine this dispute between the two countries,

it might be settled forever, in a few hours; but the everlasting

clamours of prejudice, passion and private interest, drown every

consideration of that sort, and are precipitating us into a civil war.

"If then we are a part of the British empire, we must be subject to

the supreme power of the state, which is vested in the estates in

parliament."

Here again we are to be conjured out of our senses by the magic in

the words "British empire," and "supreme power of the state." But

however it may sound, I say we are not a part of the British empire;

because the British government is not an empire. The governments of

France, Spain, &c. are not empires, but monarchies, supposed to be

governed by fixed fundamental laws, though not really. The British

government is still less intitled to the style of an empire: it is

a limited monarchy. If Aristotle, Livy, and Harrington knew what a

republic was, the British constitution is much more like a republic,

than an empire. They define a republic to be _a government of laws,

and not of men_. If this definition is just, the British constitution

is nothing more nor less than a republic, in which the king is first

magistrate. This office being hereditary and being possessed of such

ample and splendid prerogatives, is no objection to the government's

being a republic, as long as it is bound by fixed laws, which the

people have a voice in making, and a right to defend. An empire is a

despotism, and an emperor a despot, bound by no law or imitation, but

his own will: it is a stretch of tyranny beyond absolute monarchy.

For although the will of an absolute monarch is law, yet his edicts

must be registered by parliaments. Even this formality is not

necessary in an empire. There the maxim is _quod principi placuit,

legis habet vigorem_, even without having that will and pleasure

recorded. There are but three empires now in Europe, the German, or

holy Roman, the Russian and the Ottoman.

There is another sense indeed, in which the word empire is used, in

which it may be applied to the government of Geneva, or any other

republic, as well as to monarchy, or despotism. In this sense it is

synonimous with government, rule, or dominion. In this sense, we are

within the dominion, rule, or government of the king of Great Britain.

The question should be, whether we are a part of the kingdom of Great

Britain: this is the only language, known in English laws. We are not

then a part of the British kingdom, realm or state; and therefore

the supreme power of the kingdom, realm or state, is not upon these

principles, the supreme power of us. That "supreme power over America

is vested in the estates in parliament," is an affront to us; for

there is not an acre of American land represented there--there are no

American estates in parliament.

Novanglus, and Massachusettensis or, Political Essays, Published in the Years 1774 and 1775, on the Principal Points of Controversy, between Great Britain and Her Colonies · 第 9 / 37 段