Some of you may perhaps suspect that I have been wantonly scattering

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_."

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 20 / 37 段