especial grace and favor, we do by these presents, for us, our heirs,
and successors, yield and grant to the said governor and company
and their successors, and every of them, their factors and assigns,
that they and every of them shall be free and quit from all taxes,
subsidies and customs in New England for the space of seven years,
and from all taxes and impositions for the space of twenty-one years,
upon all goods and merchandize, at any time or times hereafter,
either upon importation thither, or exportation from thence into
our realm of England, or into other of our dominions, by the said
governor and company and their successors, their deputies, factors
and assigns, &c."
The exemption from taxes for seven years in one case, and twenty one
years in the other, plainly indicates that after their expiration,
this province would be liable to taxation. Now I would ask by what
authority those taxes were to be imposed? It could not be by the
governor and company, for no such power was delegated or granted to
them; and besides it would have been absurd and nugatory to exempt
them from their own taxation, supposing them to have had the power,
for they might have exempted themselves. It must therefore be by the
king or parliament; it could not be by the king alone, for as king of
England, the political capacity in which he granted the charter, he
had no such power, exclusive of the lords and commons, consequently
it must have been by the parliament. This clause in the charter is as
evident a recognition of the authority of the parliament over this
province, as if the words, "acts of parliament," had been inserted,
as they were in the Pennsylvania charter. There was no session of
parliament after the grant of our charter until the year 1640. In
1642 the house of commons passed a resolve, "that for the better
advancement of the plantations in New England, and the encouragement
of the planters to proceed in their undertaking, their exports and
imports should be freed and discharged from all customs, subsidies,
taxations and duties until the further order of the house;" which was
gratefully received and recorded in the archives of our predecessors.
This transaction shews very clearly in what sense our connection
with England was then understood. It is true, that in some arbitrary
reigns, attempts were made by the servants of the crown to exclude
the two houses of parliament, from any share of the authority over
the colonies; they also attempted to render the king absolute in
England; but the parliament always rescued the colonies, as well as
England from such attempts.
I shall recite but one more clause of this charter, which is this,
"And further our will and pleasure is, and we do hereby for us, our
heirs and successors, ordain, declare and grant to the said governor
and company, and their successors, that all and every of the subjects
of us, our heirs and successors which shall go to and inhabit within
the said land and premises hereby mentioned to be granted, and every
of their children which shall happen to be born there, or on the seas
in going thither, or returning from thence, shall have and enjoy _all
liberties and immunities of free and natural subjects, within any
of the dominions_ of us, our heirs or successors, to all intents,
constructions and purposes whatsoever, as if they and every of them
were born within the realm of England." It is upon this, or a similar
clause in the charter of William and Mary that our patriots have
built up the stupendous fabric of American independence. They argue
from it a total exemption from parliamentary authority, because we
are not represented in parliament.
I have already shewn that the supposition of our being exempt
from the authority of parliament, is pregnant with the grossest
absurdities. Let us now consider this clause in connection with the
other parts of the charter. It is a rule of law, founded in reason
and common sense, to construe each part of an instrument, so as
the whole may hang together, and be consistent with itself. If we
suppose this clause to exempt us from the authority of parliament,
we must throw away all the rest of the charter, for every other
part indicates the contrary, as plainly as words can do it; and
what is still worse, this clause becomes _felo de se_, and destroys
itself; for if we are not annexed to the crown, we are aliens,
and no charter, grant, or other act of the crown can naturalize
us or entitle us to the liberties and immunities of Englishmen.
It can be done only by act of parliament. An alien is one born in
a strange country out of the allegiance of the king, and is under
many disabilities though residing in the realm; as Wales, Jersey,
Guernsey, Ireland, the foreign plantations, &c. were severally
annexed to the crown, they became parts of one and the same empire,
the natives of which are equally free as though they had been born
in that territory which was the ancient realm. As our patriots
depend upon this clause, detached from the charter, let us view
it in that light. If a person born in England removes to Ireland
and settles there, he is then no longer represented in the British
parliament, but he and his posterity are, and will ever be subject
to the authority of the British parliament. If he removes to Jersey,
Guernsey, or any other parts of the British dominions that send no
members to parliament, he will still be in the same predicament.
So that the inhabitants of the American colonies do in fact enjoy
all the liberties and immunities of natural born subjects. We are
entitled to no greater privileges than those that are born within
the realm; and they can enjoy no other than we do, when they reside
out of it. Thus, it is evident that this clause amounts to no more
than the royal assurance, that we are a part of the British empire;
are not aliens, but natural born subjects; and as such, bound to
obey the supreme power of the state, and entitled to protection from
it. To avoid prolixity, I shall not remark particularly upon other
parts of this charter, but observe in general, that whoever reads it
with attention, will meet with irresistible evidence in every part
of it, that our being a part of the English dominions, subject to
the English crown, and within the jurisdiction of parliament, were
the terms upon which our ancestors settled this colony, and the very
tenures by which they held their estates.
No lands within the British dominions are perfectly allodial; they
are held mediately or immediately of the king, and upon forfeiture,
revert to the crown. My dear countrymen, you have many of you
been most falsely and wickedly told by our patriots, that Great
Britain was meditating a land tax, and seeking to deprive us of our
inheritance; but had all the malice and subtilty of men and devils
been united, a readier method to effect it could not have been
devised, than the late denials of the authority of parliament, and
forcible oppositions to its acts. Yet, this has been planned and
executed chiefly by persons of desperate fortunes.
MASSACHUSETTENSIS.
ADDRESSED
_To the Inhabitants of the Province of Massachusetts Bay_,
January 23, 1775.
MY DEAR COUNTRYMEN,
If we carry our researches further back than the emigration of
our ancestors, we shall find many things that reflect light upon
the object we are in quest of. It is immaterial when America was
first discovered or taken possession of by the English. In 1602 one
Gosnold landed upon one of the islands, called Elizabeth islands,
which were so named in honor of queen Elizabeth, built a fort, and
projected a settlement; his men were discouraged, and the project
failed. In 1606, king James granted all the continent from 34 to
45 degrees, which he divided into two colonies, viz. the southern
or Virginia, to certain merchants at London, the northern or New
England, to certain merchants at Plymouth in England. In 1607,
some of the patentees of the northern colony began a settlement at
Sogadahoc; but the emigrants were disheartened after the trial of
one winter, and that attempt failed of success. Thus this territory
had not only been granted by the crown for purposes of colonization,
which are to enlarge the empire or dominion of the parent state,
and to open new sources of national wealth; but actual possession
had been taken by the grantees, previous to the emigration of our
ancestors, or any grant to them. In 1620, a patent was granted to the
adventurers for the northern colony, incorporating them by the name
of _the council for the affairs of New Plymouth_. From this company
of merchants in England, our ancestors derived their title to this
territory. The tract of land called Massachusetts, was purchased
of this company, by sir Henry Roswell and associates; their deed
bears date March 19th, 1627. In 1628 they obtained a charter of
incorporation, which I have already remarked upon. The liberties,
privileges and franchises, granted by this charter, do not perhaps
exceed those granted to the city of London and other corporations
within the realm. The legislative power was very confined; it did
not even extend to levying taxes of any kind; that power was however
assumed under this charter, which by law worked a forfeiture; and
for this among other things, in the reign of Charles the second,
the charter was adjudged forfeited, and the franchises seized into
the king's hands. This judgment did not affect our ancestors' title
to their lands, that were not derived originally from the charter,
though confirmed by it, but by purchase from the council at Plymouth,
who held immediately under the crown. Besides, our ancestors had
now reduced what before was a naked right to possession, and by
persevering through unequalled toils, hardships and dangers, at the
approach of which other emigrants had fainted, rendered New England
a very valuable acquisition both to the crown and nation. This was
highly meritorious, and ought not to be overlooked in adjusting the
present unhappy dispute; but our patriots would deprive us of all
the merit, both to the crown and nation, by severing us from both.
After the revolution, our ancestors petitioned the parliament to
restore the charter. A bill for that purpose passed the house of
commons, but went no further. In consequence of another petition,
king William and queen Mary granted our present charter, for uniting
and incorporating the Massachusetts, New Plymouth, and several other
territories into one province. More extensive powers of legislation,
than those contained in the first charter, were become necessary, and
were granted; and the form of the legislature made to approach nearer
to the form of the supreme legislature. The powers of legislation
are confined to local or provincial purposes and further restricted
by these words, viz. _So as the same be not repugnant or contrary
to the laws of this our realm of England._ Our patriots have made
many nice distinctions and curious refinements, to evade the force
of these words; but after all, it is impossible to reconcile them to
the idea of an independent state, as it is to reconcile disability to
omnipotence. The provincial power of taxation is also restricted to
provincial purposes, and allowed to be exercised over such only as
are inhabitants or proprietors within the province. I would observe
here, that the granting subordinate powers of legislation, does not
abridge or diminish the powers of the higher legislatures; thus we
see corporations in England and the several towns in this province
vested with greater or lesser powers of legislation, without the
parliament, in one case, or the general court in the other, being
restrained, from enacting those very laws, that fall within the
jurisdiction of the several corporations. Had our present charter
been conceived in such equivocal terms, as that it might be construed
as restraining the authority of parliament, the uniform usage ever
since it passed the seal, would satisfy us that its intent was
different. The parliament, in the reign when it was granted, long
before and in every reign since, has been making statutes to extend
to the colonies, and those statutes have been as uniformly submitted
to as authoritative, by the colonies, till within ten or a dozen
years. Sometimes acts of parliament have been made, and sometimes
have been repealed in consequence of petitions from the colonies. The
provincial assemblies often refer to acts of parliament in their own,
and have sometimes made acts to aid their execution. It is evident
that it was the intention of their majesties, to grant subordinate
powers of legislation, without impairing or diminishing the authority
of the supreme legislature. Had there been any words in the charter,
that precluded that construction, or did the whole taken together
contradict it, lawyers would tell us, that the king was deceived in
his grant, and the patentees took no estate by it, because the crown
can neither alienate a part of the British dominions, nor impair the
supreme power of the empire. I have dwelt longer on this subject,
than I at first intended, and not by any means done it justice, as
to avoid prolix narratives and tedious deduction, I have omitted
perhaps more than I have adduced, that evinces the truth of the
position, that we are a part of the British dominions, and subject
to the authority of parliament. The novelty of the contrary tenets,
will appear by extracting a part of a pamphlet, published in 1764, by
a Boston gentleman, who was then the oracle of the whigs, and whose
profound knowledge in the law and constitution is equalled but by few.
"I also lay it down as one of the first principles from whence I
intend to deduce the civil rights of the British colonies, that all
of them are subject to, and dependent on Great Britain; and that
therefore as over subordinate governments, the parliament of Great
Britain has an undoubted power and lawful authority to make acts for
the general good, that by naming them, shall and ought to be equally
binding, as upon the subjects of Great Britain within the realm.
Is there the least difference, as to the consent of the colonists,
whether taxes and impositions are laid on their trade, and other
property by the crown alone, or by the parliament? As it is agreed
on all hands, the crown alone cannot impose them, we should be
justifiable in refusing to pay them, _but must and ought to yield
obedience to an act of parliament, though erroneous, till repealed_."
"It is a maxim, that the king can do no wrong; and every good subject
is bound to believe his king is not inclined to do any. We are
blessed with a prince who has given abundant demonstrations, that
in all his actions, he studies the good of his people, and the true
glory of his crown, which are inseperable. It would therefore be the
highest degree of impudence and disloyalty, to imagine that the king,
at the head of his parliament, could have any but the most pure and
perfect intentions of justice, goodness and truth, that human nature
is capable of. All this I say and believe of the king and parliament,
in all their acts; even in that which so nearly affects the interests
of the colonists; and that a most perfect and ready obedience is to
be yielded to it while it remains in force. The power of parliament
is uncontroulable but by themselves, and we must obey. They only can
repeal their own acts. There would be an end of all government, if
one or a number of subjects, or subordinate provinces should take
upon them so far to judge of the justice of an act of parliament,
as to refuse obedience to it. If there was nothing else to restrain
such a step, prudence ought to do it, for forcibly resisting the
parliament and the king's laws is high treason. Therefore let the
parliament lay what burdens they please on us, we must, it is our
duty to submit and patiently bear them, till they will be pleased to
relieve us."
The Pennsylvania Farmer, who took the lead in explaining away the
right of parliament to raise a revenue in America, speaking of
regulating trade, tells us, that "he who considers these provinces
as states distinct from the British empire, has very slender notions
of justice, or of their interest; we are but parts of a whole, and
therefore there must exist a power somewhere to preside, and preserve
the connection in due order. This power is lodged in parliament,
and we are as much dependant on Great Britain as a perfectly free
people can be on another." He supposes that we are dependant in some
considerable degree upon Great Britain; and that that dependance is
nevertheless consistent with perfect freedom.
Having settled this point, let us reflect upon the resolves and
proceedings of our patriots. We often read resolves denying the
authority of parliament, which is the imperial sovereign, gilded over
with professions of loyalty to the king, but the golden leaf is too
thin to conceal the treason. It either argues profound ignorance or
hypocritical cunning.
We find many unsuspecting persons prevailed on openly to oppose the
execution of acts of parliament with force and arms. My friends, some
of the persons that beguiled you, could have turned to the chapter,
page and section, where such insurrections are pronounced rebellion,
by the law of the land; and had not their hearts been dead to a sense
of justice, and steeled against every feeling of humanity, they would
have timely warned you of your danger. Our patriots have sent us in
pursuit of a mere _ignis fatuus_, a fascinating glare devoid of
substance; and now when we find ourselves bewildered, with scarce one
ray of hope to raise our sinking spirits, or stay our fainting souls,
they conjure up phantoms more delusive and fleeting, if possible,
than that which first led us astray. They tell us, we are a match
for Great Britain. The twentieth part of the strength that Great
Britain could exert, were it necessary, is more than sufficient to
crush this defenceless province to atoms, notwithstanding all the
vapouring of the disaffected here and elsewhere. They tell us the
army is disaffected to the service. What pains have our wretched
politicians not taken to attach them to it? The officers conceive
no very favourable opinion of the cause of the whigs, from the
obloquy with which their General hath been treated, in return for his
humanity, nor from the infamous attempts to seduce the soldiers from
his majesty's service. The policy of some of our patriots has been as
weak and contemptible, as their motives are sordid and malevolent;
for when they found their success, in corrupting the soldiery, did
not answer their expectations, they took pains to attach them firmer
to the cause they adhered to, by preventing the erecting of barracks
for their winter quarters, by which means many contracted diseases,
and some lives were lost, from the unwholesome buildings they were
obliged to occupy; and, as though some stimulus was still wanting,
some provocation to prevent human nature revolting in the hour of
battle, they deprived the soldiers of a gratification never denied to
the brute creation; straw to lie on. I do not mention this conduct to
raise the resentment of the troops; it has had its effect already;
and it is proper you should know it; nor should I have blotted paper
in relating facts so mortifying to the pride of man, had it not
been basely suggested that there would be a defection should the
army take the field. Those are matters of small moment, compared to
another, which is the cause they are engaged in. It is no longer
a struggle between whigs and tories, whether these or those shall
occupy posts of honour, or enjoy the emoluments of office, nor is it
now whether this or the other act of parliament shall be repealed.
The army is sent here to decide a question, intimately connected
with the honour and interest of the nation, no less than whether the
colonies shall continue a part of, or be for ever dismembered from
the British empire. It is a cause in which no honest American can
wish our politicians success, though it is devoutly to be wished,
that their discomfiture may be effected without recourse being had to
the _ultima ratio_--the sword. This, our wretched situation, is but
the natural consequence of denying the authority of parliament, and
forcibly opposing its acts.
Sometimes we are amused with intimations that Holland, France or
Spain, will make a diversion in our favour. These, equally with the
others, are suggestions of despair. These powers have colonies of
their own, and might not choose to set a bad example, by encouraging
the colonies of any other state to revolt. The Dutch have too much
money in the English funds, and are too much attached to their money
to espouse our quarrel. The French and Spaniards have not yet forgot
the drubbing they received from Great Britain last war; and all three
fear to offend that power which our politicians would persuade us to
despise.
Lastly, they tell us that the people in England will take our part,
and prevent matters from coming to extremity. This is their fort,
where, when driven from every other post, they fly for refuge.
Alas, my friends! our congresses have stopped up every avenue that
leads to that sanctuary. We hear, by every arrival from England,
that it is no longer a ministerial, (if it ever was) but a national
cause. My dear countrymen, I deal plainly with you. I never should
forgive myself if I did not. Are there not eleven regiments in
Boston? A respectable fleet in the harbour? Men of war stationed at
every considerable port along the continent? Are there not three
ships of the line sent here, notwithstanding the danger of the winter
coast, with more than the usual complement of marines? Have not our
congresses, county, provincial, and continental, instead of making
advances for an accommodation, bid defiance to Great Britain? _He
that runs may read._
If our politicians will not be pursuaded from running against the
thick bosses of the buckler, it is time for us to leave them to
their fate, and provide for the safety of ourselves, our wives, our
children, our friends, and our country.
I have many things to add, but must now take my leave, for this
week, by submitting to your judgment whether there be not an
absolute necessity of immediately protesting against all traitorous
resolves, leagues, and associations, of bodies of men, that appear
to have acted in a representative capacity. Had our congresses been
accidental or spontaneous meetings, the whole blame might have rested
upon the individuals that composed them; but as they appear in the
character of the people's delegates, is there not the utmost danger
of the innocent being confounded with the guilty, unless they take
care timely to distinguish themselves?
MASSACHUSETTENSIS.
ADDRESSED
_To the Inhabitants of the Province of Massachusetts Bay_,
January 30, 1775.
MY DEAR COUNTRYMEN,
As the oppugnation to the king in parliament tends manifestly to
independence, and the colonies would soon arrive at that point, did
not Great Britain check them in their career; let us indulge the
idea, however extravagant and romantic, and suppose ourselves for
ever separated from the parent state. Let us suppose Great Britain
sinking under the violence of the shock, and overwhelmed by her
ancient hereditary enemies; or what is more probable, opening new
sources of national wealth, to supply the deficiency of that which
used to flow to her through American channels, and perhaps planting
more loyal colonies in the new discovered regions of the south, still
retaining her pre-eminence among the nations, though regardless of
America.