firebrands, arrows, and death, to gratify a malicious and revengeful
disposition. The truth is this. I had seen many excellent detached
pieces, but could see no pen at work to trace our calamity to its
source, and point out the many adventitious aids, that conspired to
raise it to its present height, though I impatiently expected it,
being fully convinced that you wait only to know the true state of
facts, to rectify whatever is amiss in the province, without any
foreign assistance. Others may be induced to think, that I grudge the
industrious poor of Boston their scantlings of charity. I will issue
a brief in their favour. The opulent, be their political sentiments
what they may, ought to relieve them from their sufferings, and those
who, by former donations, have been the innocent cause of protracting
their sufferings, are under a tenfold obligation to assist them now;
and at the same time to make the most explicit declarations, that
they did not intend to promote, nor ever will join in rebellion.
Great allowances are to be made for the crossings, windings, and
tergiversations of a politician; he is a cunning animal, and as
government is said to be founded in opinion, his tricks may be a part
of the _arcana imperii_. Had our politicians confined themselves
within any reasonable bounds, I never should have molested them;
but when I became satisfied, that many innocent, unsuspecting
persons were in danger of being seduced to their utter ruin, and
the province of Massachusetts Bay in danger of being drenched with
blood and carnage, I could restrain my emotions no longer; and
having once broke the bands of natural reserve, was determined to
probe the sore to the bottom, though I was sure to touch the quick.
It is very foreign from my intentions to draw down the vengeance of
Great Britain upon the whigs; they are too valuable a part of the
community to lose, if they will permit themselves to be saved. I wish
nothing worse to the highest of them, than that they may be deprived
of their influence, till such time as they shall have changed their
sentiments, principles, and measures.
Sedition has already been marked through its zigzag path to the
present times. When the statute for regulating the government
arrived, a match was put to the train, and the mine, that had
been long forming, sprung, and threw the whole province into
confusion and anarchy. The occurrencies of the summer and autumn
past are so recent and notorious, that a particular detail of them
is unnecessary. Suffice it to say, that every barrier that civil
government had erected for the security of property, liberty and
life, was broken down, and law, constitution and government trampled
under foot by the rudest invaders. I shall not dwell upon these harsh
notes much longer. I shall yet become an advocate for the leading
whigs; much must be allowed to men, in their situation, forcibly
actuated by the chagrin of disappointment, the fear of punishment,
and the fascination of hope at the same time.
Perhaps the whole story of empire does not furnish another instance
of a forcible opposition to government, with so much apparent and
little real cause, with such apparent probability without any
possibility of success. The stamp-act gave the alarm. The instability
of the public councils from the Greenvillian administration to the
appointment of the Earl of Hillsborough to the American department,
afforded as great a prospect of success, as the heavy duties imposed
by the stamp-act, did a colour for the opposition. It was necessary
to give the history of this matter in its course, offend who it
would, because those acts of government, that are called the greatest
grievances, became proper and necessary, through the misconduct of
our politicians, and the justice of Great Britain towards us, could
not be made apparent without first pointing out that. I intend to
consider the acts of the British government, which are held up as the
principal grievances, and inquire whether Great Britain is chargeable
with injustice in any one of them; but must first ask your attention
to the authority of parliament. I suspect many of our politicians are
wrong in their first principle, in denying that the constitutional
authority of parliament extends to the colonies; if so, it must not
be wondered at, that their whole fabric is so ruinous. I shall not
travel through all the arguments that have been adduced, for and
against this question, but attempt to reduce the substance of them to
a narrow compass, after having taken a cursory view of the British
constitution.
The security of the people from internal rapacity and violence, and
from foreign invasion, is the end and design of government. The
simple forms of government are monarchy, aristocracy, and democracy;
that is, where the authority of the state is vested in one, a few,
or the many. Each of these species of government has advantages
peculiar to itself, and would answer the ends of government, were the
persons intrusted with the authority of the state, always guided,
themselves, by unerring wisdom and public virtue; but rulers are not
always exempt from the weakness and depravity which make government
necessary to society. Thus monarchy is apt to rush headlong into
tyranny, aristocracy to beget faction, and multiplied usurpation,
and democracy, to degenerate into tumult, violence, and anarchy. A
government formed upon these three principles, in due proportion,
is the best calculated to answer the ends of government, and to
endure. Such a government is the British constitution, consisting
of king, lords and commons, which at once includes the principal
excellencies, and excludes the principal defects of the other kinds
of government. It is allowed, both by Englishmen and foreigners, to
be the most perfect system that the wisdom of ages has produced. The
distributions of power are so just, and the proportions so exact, as
at once to support and controul each other. An Englishman glories in
being subject to, and protected by such a government. The colonies
are a part of the British empire. 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. Two supreme
or independent authorities cannot exist in the same state. It would
be what is called _imperium in imperio_, the height of political
absurdity. The analogy between the political and human body is great.
Two independent authorities in a state would be like two distinct
principles of volition and action in the human body, dissenting,
opposing, and destroying each other. 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 of parliament, notwithstanding each
of the colonies have legislative and executive powers of their own,
delegated, or granted to them for the purposes of regulating their
own internal police, which are subordinate to, and must necessarily
be subject to the checks, controul, and regulation of the supreme
authority.
This doctrine is not new, but the denial of it is. It is beyond
a doubt, that it was the sense both of the parent country, and
our ancestors, that they were to remain subject to parliament. It
is evident from the charter itself; and this authority has been
exercised by parliament, from time to time, almost ever since the
first settlement of the country, and has been expressly acknowledged
by our provincial legislatures. It is not less our interest, than our
duty, to continue subject to the authority of parliament, which will
be more fully considered hereafter. The principal argument against
the authority of parliament, is this; the Americans are entitled
to all the privileges of an Englishman; it is the privilege of an
Englishman to be exempt from all laws, that he does not consent to
in person, or by representative. The Americans are not represented
in parliament, and therefore are exempt from acts of parliament, or
in other words, not subject to its authority. This appears specious;
but leads to such absurdities as demonstrate its fallacy. If the
colonies are not subject to the authority of parliament, Great
Britain and the colonies must be distinct states, as completely
so, as England and Scotland were before the union, or as Great
Britain and Hanover are now. The colonies in that case will owe
no allegiance to the imperial crown, and perhaps not to the person
of the king, as the title to the crown is derived from an act of
parliament, made since the settlement of this province, which act
respects the imperial crown only. Let us wave this difficulty, and
suppose allegiance due from the colonies to the person of the king of
Great Britain. He then appears in a new capacity, of king of America,
or rather in several new capacities, of king of Massachusetts, king
of Rhode-Island, king of Connecticut, &c. &c. For if our connexion
with Great Britain by the parliament be dissolved, we shall have
none among ourselves, but each colony become as distinct from the
others, as England was from Scotland, before the union. Some have
supposed that each state, having one and the same person for its
king, is a sufficient connection. Were he an absolute monarch, it
might be; but in a mixed government, it is no union at all. For as
the king must govern each state, by its parliament, those several
parliaments would pursue the particular interest of its own state;
and however well disposed the king might be to pursue a line of
interest, that was common to all, the checks and controul that he
would meet with, would render it impossible. If the king of Great
Britain has really these new capacities, they ought to be added to
his titles; and another difficulty will arise, the prerogatives
of these new crowns have never been defined or limited. Is the
monarchical part of the several provincial constitutions to be nearer
or more remote from absolute monarchy, in an inverted ratio to each
one's approaching to, or receding from a republic? But let us suppose
the same prerogatives inherent in the several American crowns, as
are in the imperial crown of Great Britain, where shall we find the
British constitution, that we all agree we are entitled to? We shall
seek for it in vain in our provincial assemblies. They are but faint
sketches of the estates of parliament. The houses of representatives,
or Burgesses, have not all the powers of the house of commons; in
the charter governments they have no more than what is expressly
granted by their several charters. The first charters granted to
this province did not empower the assembly to tax the people at all.
Our council boards are as destitute of the constitutional authority
of the house of lords, as their several members are of the noble
independence, and splendid appendages of peerage. The house of peers
is the bulwark of the British constitution, and through successive
ages, has withstood the shocks of monarchy, and the sappings of
democracy, and the constitution gained strength by the conflict.
Thus the supposition of our being independent states, or exempt from
the authority of parliament, destroys the very idea of our having
a British constitution. The provincial constitutions, considered
as subordinate, are generally well adapted to those purposes of
government, for which they were intended; that is, to regulate the
internal police of the several colonies; but have no principle of
stability within themselves; they may support themselves in moderate
times, but would be merged by the violence of turbulent ones, and the
several colonies become wholly monarchical, or wholly republican,
were it not for the checks, controuls, regulations, and supports
of the supreme authority of the empire. Thus the argument, that is
drawn from their first principle of our being entitled to English
liberties, destroys the principle itself, it deprives us of the bill
of rights, and all the benefits resulting from the revolution of
English laws, and of the British constitution.
Our patriots have been so intent upon building up American rights,
that they have overlooked the rights of Great Britain, and our own
interest. Instead of proving that we were entitled to privileges,
that our fathers knew our situation would not admit us to enjoy, they
have been arguing away our most essential rights. If there be any
grievance, it does not consist in our being subject to the authority
of parliament, but in our not having an actual representation in it.
Were it possible for the colonies to have an equal representation in
parliament, and were refused it upon proper application, I confess I
should think it a grievance; but at present it seems to be allowed,
by all parties, to be impracticable, considering the colonies are
distant from Great Britain a thousand transmarine leagues. If that
be the case, the right or privilege, that we complain of being
deprived of, is not withheld by Britain, but the first principles of
government, and the immutable laws of nature, render it impossible
for us to enjoy it. This is apparently the meaning of that celebrated
passage in Governor Hutchinson's letter, that rang through the
continent, viz: There must be an abridgment of what is called English
liberties. He subjoins, that he had never yet seen the projection,
whereby a colony, three thousand miles distant from the parent state,
might enjoy all the privileges of the parent state, and remain
subject to it, or in words to that effect. The obnoxious sentence,
taken detached from the letter, appears very unfriendly to the
colonies; but considered in connection with the other parts of the
letter, is but a necessary result from our situation. Allegiance and
protection are reciprocal. It is our highest interest to continue a
part of the British empire; and equally our duty to remain subject to
the authority of parliament. Our own internal police may generally be
regulated by our provincial legislatures, but in national concerns,
or where our own assemblies do not answer the ends of government
with respect to ourselves, the ordinances or interposition of the
great council of the nation is necessary. In this case, the major
must rule the minor. After many more centuries shall have rolled
away, long after we, who are now bustling upon the stage of life,
shall have been received to the bosom of mother earth, and our names
are forgotten, the colonies may be so far increased as to have the
balance of wealth, numbers and power, in their favour, the good of
the empire make it necessary to fix the seat of government here; and
some future George, equally the friend of mankind, with him that now
sways the British sceptre, may cross the Atlantic, and rule Great
Britain, by an American parliament.
MASSACHUSETTENSIS.
ADDRESSED
_To the Inhabitants of the Province of Massachusetts Bay_,
January 16, 1775.
MY DEAR COUNTRYMEN,
Had a person, some fifteen years ago, undertaken to prove that the
colonies were a part of the British empire or dominion, and as
such, subject to the authority of the British parliament, he would
have acted as ridiculous a part, as to have undertaken to prove a
self-evident proposition. Had any person denied it, he would have
been called a fool or madman. At this wise period, individuals and
bodies of men deny it, notwithstanding in doing it they subvert the
fundamentals of government, deprive us of British liberties, and
build up absolute monarchy in the colonies; for our charters suppose
regal authority in the grantor; if that authority be derived from the
British crown, it pre-supposes this territory to have been a part of
the British dominion, and as such subject to the imperial sovereign;
if that authority was vested in the person of the king, in a
different capacity, the British constitution and laws are out of the
question, and the king must be absolute as to us, as his prerogatives
have never been circumscribed. Such must have been the sovereign
authority of the several kings, who have granted American charters,
previous to the several grants; there is nothing to detract from it,
at this time, in those colonies that are destitute of charters, and
the charter governments must severally revert to absolute monarchy,
as their charters may happen to be forfeited by the grantees not
fulfilling the conditions of them, as every charter contains an
express or implied condition.
It is curious indeed to trace the denial and oppugnation to the
supreme authority of the state. When the stamp-act was made, the
authority of parliament to impose internal taxes was denied; but
their right to impose external ones, or in other words, to lay duties
upon goods and merchandize was admitted. When the act was made
imposing duties upon tea, &c. a new distinction was set up, that
the parliament had a right to lay duties upon merchandize for the
purpose of regulating trade, but not for the purpose of raising a
revenue: that is, the parliament had good right and lawful authority
to lay the former duty of a shilling on the pound, but had none
to lay the present duty of three pence. Having got thus far safe,
it was only taking one step more to extricate ourselves entirely
from their fangs, and become independant states, that our patriots
most heroically resolved upon, and flatly denied that parliament
had a right to make any laws whatever, that should be binding
upon the colonies. There is no possible medium between absolute
independence, and subjection to the authority of parliament. He must
be blind indeed that cannot see our dearest interest in the latter,
notwithstanding many pant after the former. Misguided men! could they
once overtake their wish, they would be convinced of the madness of
the pursuit.
My dear countrymen, it is of the last importance that we settle this
point clearly in our minds; it will serve as a sure test, certain
criterion and invariable standard to distinguish the friends from
the enemies of our country, patriotism from sedition, loyalty from
rebellion. To deny the supreme authority of the state, is a high
misdemeanor, to say no worse of it; to oppose it by force is an
overt act of treason, punishable by confiscation of estate, and
most ignominious death. The realm of England is an appropriate term
for the ancient realm of England, in contradistinction to Wales
and other territories, that have been annexed to it. These as they
have been severally annexed to the crown, whether by conquest or
otherwise, became a part of the empire, and subject to the authority
of parliament, whether they send members to parliament or not, and
whether they have legislative powers of their own or not.
Thus Ireland, who has perhaps the greatest possible subordinate
legislature, and sends no members to the British parliament, is bound
by its acts, when expressly named. Guernsey and Jersey are no part
of the realm of England, nor are they represented in parliament,
but are subject to its authority: and, in the same predicament are
the American colonies, and all the other dispersions of the empire.
Permit me to request your attention to this subject a little longer;
I assure you it is as interesting and important, as it is dry and
unentertaining.
Let us now recur to the first charter of this province, and we shall
find irresistible evidence, that our being part of the empire,
subject to the supreme authority of the state, bound by its laws
and entitled to its protection, were the very terms and conditions
by which our ancestors held their lands, and settled the province.
Our charter, like all other American charters, are under the great
seal of England; the grants are made by the king, for his heirs and
_successors_; the several tenures to be of the king, his heirs and
_successors_; in like manner are the reservations. It is apparent
the king acted in his royal capacity, as king of England, which
necessarily supposes the territory granted, to be a part of the
English dominions, holden of the crown of England.
The charter, after reciting several grants of the territory to
sir Henry Roswell and others, proceeds to incorporation in these
words: "And for as much as the good and prosperous success of the
plantations of the said parts of New England aforesaid, intended
by the said sir Henry Roswell and others, to be speedily set upon,
cannot but chiefly depend, next under the blessing of almighty God,
and the support of our royal authority, upon the good government
of the same, to the end that the _affairs of business_, which from
time to time shall happen and arise concerning the said lands and
the plantations of the same may be the better managed and ordered,
we have further hereby, of our especial grace, certain knowledge
and mere motion given, granted and confirmed, and for us, our heirs
and successors, do give, grant and confirm unto our said trusty and
well beloved subjects, sir Henry Roswell, &c. and all such others
as shall hereafter be admitted and made free of _the company and
society hereafter mentioned_, shall from time to time and at all
times, forever hereafter, be by virtue of these presents, _one body
corporate, politic in fact and name by the name of the governor and
company of the Massachusetts Bay, in New England_; and them by the
name of the governor and company of the Massachusetts Bay, in New
England, one body politic and corporate in deed, fact and name.
We do for us our heirs and successors make, ordain, constitute
and confirm by these presents, and that by that name they shall
have perpetual succession, and that by that name they and their
successors shall be capable and enabled as well _to implead and to
be impleaded, and to prosecute, demand and answer and be answered
unto all and singular suits, causes, quarrels and actions of what
kind or nature soever; and also to have, take, possess, acquire and
purchase, any lands, tenements and hereditaments, or any goods or
chattels, the same to lease, grant, demise, aliene, bargain, sell
and dispose of as our liege people of this our realm of England,
or any other corporation or body politic of the same may do_." I
would beg leave to ask one simple question, whether this looks like
a distinct state or independent empire? Provision is then made for
electing a governor, deputy governor, and eighteen assistants. After
which, is this clause: "We do for us, our heirs and successors, give
and grant to the said governor and company, and their successors,
that the governor or in his absense the deputy governor of the said
company, for the time being, and such of the assistants or freemen
of the said company as shall be present, or the greater number of
them so assembled, whereof the governor or deputy governor and six
of the assistants, at the least to be seven, shall have full power
and authority to choose, nominate and appoint such and so many others
as they shall think fit, and shall be willing to accept the same,
to be free of the said company and body, and them into the same to
admit and to elect and constitute such officers as they shall think
fit and requisite for the ordering, managing and dispatching of the
affairs of the said governor and company and their successors, and
to make _laws and ordinances for the good and welfare of the said
company_, and for the government and ordering of the said lands and
plantations, and the people inhabiting and to inhabit the same, as
to them from time to time shall be thought meet: _So as such laws and
ordinances be not contrary or repugnant to the laws and statutes of
this our realm of England_."