Another clause is this, "And for their further encouragement, of our

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.

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