protection, that impervious barrier, behind which, in perfect
security, we have increased to a degree almost exceeding the bounds
of probability, what other Britain could we look to when in distress?
What succedaneum does the world afford to make good the loss? Would
not our trade, navigation, and fishery, which no nation dares violate
or invade, when distinguished by British colours, become the sport
and prey of the maritime powers of Europe? Would not our maritime
towns be exposed to the pillaging of every piratical enterprise?
Are the colonies able to maintain a fleet, sufficient to afford
one idea of security to such an extensive sea-coast? Before they
can defend themselves against foreign invasions, they must unite
into one empire; otherwise the jarring interests, and opposite
propensities, would render the many headed monster in politics,
unwieldly and inactive. Neither the form or seat of government would
be readily agreed upon; more difficult still would it be to fix upon
the person or persons, to be invested with the imperial authority.
There is perhaps as great a diversity between the tempers and habits
of the inhabitants of this province, and the tempers and habits of
the Carolinians, as there subsists between some different nations;
nor need we travel so far; the Rhode-Islanders are as diverse from
the people of Connecticut, as those mentioned before. Most of the
colonies are rivals to each other in trade. Between others there
subsist deep animosities, respecting their boundaries, which have
heretofore produced violent altercations, and the sword of civil war
has been more than once unsheathed, without bringing these disputes
to a decision. It is apparent that so many discordant, heterogeneous
particles could not suddenly unite and consolidate into one body. It
is most probable, that if they were ever united, the union would be
effected by some aspiring genius, putting himself at the head of the
colonists' army (for we must suppose a very respectable one indeed,
before we are severed from Britain) and taking advantage of the
enfeebled, bleeding, and distracted state of the colonies, subjugate
the whole to the yoke of despotism. Human nature is every where the
same; and this has often been the issue of those rebellions, that the
rightful prince was unable to subdue. We need not travel through the
states of ancient Greece and Rome, or the more modern ones in Europe,
to pick up the instances, with which the way is strewed; we have a
notable one in our own. So odious and arbitrary was the protectorate
of Cromwell, that when death had delivered them from the dread of
the tyrant, all parties conspired to restore monarchy; and each one
strove to be the foremost in inviting home, and placing upon the
imperial throne, their exiled prince, the son of the same Charles,
who, not many years before, had been murdered on a scaffold. The
republicans themselves now rushed to the opposite extreme, and had
Charles 2d. been as ambitious, as some of his predecessors were, he
might have established in England a power more arbitrary, than the
first Charles ever had in contemplation.
Let us now suppose the colonies united, and moulded into some form
of government. Think one moment of the revenue necessary to support
this government, and to provide for even the appearance of defence.
Conceive yourselves in a manner exhausted by the conflict with Great
Britain, now staggering and sinking under the load of your own taxes,
and the weight of your own government. Consider further, that to
render government operative and salutary, subordination is necessary.
This our patriots need not be told of; and when once they had mounted
the steed, and found themselves so well seated as to run no risk
of being thrown from the saddle, the severity of their discipline
to restore subordination, would be in proportion to their former
treachery in destroying it. We have already seen specimens of their
tyranny, in their inhuman treatment of persons guilty of no crime,
except that of differing in sentiment from the whigs. What then must
we expect from such scourges of mankind, when supported by imperial
power?
To elude the difficulty resulting from our defenceless situation,
we are told that the colonies would open a free trade with all the
world, and all nations would join in protecting their common mart.
A very little reflection will convince us that this is chimerical.
American trade, however beneficial to Great Britain, while she can
command it, would be but as a drop of the bucket, or the light dust
of the balance, to all the commercial states of Europe. Besides,
were British fleets and armies no longer destined to our protection,
in a very short time, France and Spain would recover possession of
those territories, that were torn, reluctant and bleeding from them,
in the last war, by the superior strength of Britain. Our enemies
would again extend their line of fortification, from the northern to
the southern shore; and by means of our late settlements stretching
themselves to the confines of Canada, and the communications opened
from one country to the other, we should be exposed to perpetual
incursions from Canadians and savages. But our distress would not
end here; for when once these incursions should be supported by the
formidable armaments of France and Spain, the whole continent would
become their easy prey, and would be parcelled out, Poland like.
Recollect the consternation we were thrown into last war, when Fort
William Henry was taken by the French. It was apprehended that all
New England would be overrun by their conquering arms. It was even
proposed, for our own people to burn and lay waste all the country
west of Connecticut river, to impede the enemies march, and prevent
their ravaging the country east of it. This proposal come from no
inconsiderable man. Consider what must _really_ have been our fate,
unaided by Britain last war.
Great Britain aside, what earthly power could stretch out the
compassionate arm to shield us from those powers, that have long
beheld us with the sharp, piercing eyes of avidity, and have
heretofore bled freely, and expended their millions to obtain us? Do
you suppose their lust of empire is satiated? Or do you suppose they
would scorn to obtain so glorious a prize by an easy conquest? Or can
any be so visionary or impious, as to believe that the Father of the
Universe will work miracles in favour of rebellion? And after having,
by some unseen arm, and mighty power, destroyed Great Britain for
us, will in the same mysterious way defend us against other European
powers? Sometimes we are told, that the colonies may put themselves
under the protection of some one foreign state; but it ought to be
considered, that to do that, we must throw ourselves into their
power. We can make them no return for protection, but by trade; and
of that they can have no assurance, unless we become subject to their
laws. This is evident by our contention with Britain.
Which state would you prefer being annexed to; France, Spain, or
Holland? I suppose the latter, as it is a republic. But are you sure,
that the other powers of Europe would be idle spectators; content to
suffer the Dutch to engross the American colonies, or their trade?
And what figure would the Dutch probably make in the unequal contest?
Their sword has been long since sheathed in commerce. Those of you
that have visited Surinam, and seen a Dutch governor dispensing at
discretion his own opinions for law, would not suddenly exchange the
English for Dutch government.
I will subjoin some observations from the Farmer's letters. "When
the appeal is made to the sword, highly probable it is, that the
punishment will exceed the offence, and the calamities attending on
war outweigh those preceding it. These considerations of justice and
prudence, will always have great influence with good and wise men.
To these reflections it remains to be added, and ought forever to
be remembered, that resistance in the case of the colonies against
their mother country, is extremely different from the resistance of
a people against their prince. A nation may change their king, or
race of kings, and retaining their ancient form of government, be
gainers by changing. Thus Great Britain, under the illustrious house
of Brunswick, a house that seems to flourish for the happiness of
mankind, has found a felicity unknown in the reigns of the Stewarts.
But if once we are separated from our mother country, what new form
of government shall we adopt, or where shall we find another Britain
to supply our loss? Torn from the body, to which we are united by
religion, laws, affection, relation, language and commerce, we must
bleed at every vein. In truth, the prosperity of these provinces is
founded in their dependance on Great Britain."
MASSACHUSETTENSIS.
ADDRESSED
_To the Inhabitants of the Province of Massachusetts Bay_,
February 6, 1775.
MY DEAR COUNTRYMEN,
When we reflect upon the constitutional connection between Great
Britain and the colonies, view the reciprocation of interest,
consider that the welfare of Britain, in some measure, and the
prosperity of America wholly depends upon that connection; it is
astonishing, indeed, almost incredible, that one person should be
found on either side of the Atlantic, so base, and destitute of every
sentiment of justice, as to attempt to destroy or weaken it. If there
are none such, in the name of Almighty God, let me ask, wherefore is
rebellion, that implacable fiend to society, suffered to rear its
ghastly front among us, blasting, with haggard look, each social joy,
and embittering every hour?
Rebellion is the most atrocious offence, that can be perpetrated
by man, save those which are committed more immediately against
the supreme Governor of the Universe, who is the avenger of his
own cause. It dissolves the social band, annihilates the security
resulting from law and government; introduces fraud, violence,
rapine, murder, sacrilege, and the long train of evils, that riot,
uncontrouled, in a state of nature. Allegiance and protection are
reciprocal. The subject is bound by the compact to yield obedience to
government, and in return, is entitled to protection from it; thus
the poor are protected against the rich; the weak against the strong;
the individual against the many; and this protection is guaranteed
to each member, by the whole community. But when government is laid
prostrate, a state of war, of all against all commences; might
overcomes right; innocence itself has no security, unless the
individual sequesters himself from his fellowmen, inhabits his own
cave, and seeks his own prey. This is what is called a state of
nature. I once thought it chimerical.
The punishment inflicted upon rebels and traitors, in all states,
bears some proportion to the aggravated crime. By our law, the
punishment is, "That the offender be drawn to the gallows, and not be
carried, or walk; that he be hanged by the neck, and then cut down
alive; that his entrails be taken out and burned while he is yet
alive; that his head be cut off; that his body be divided into four
parts; that his head and quarters be at the king's disposal." The
consequences of attainder, are forfeiture and corruption of blood.
"Forfeiture is two-fold, of real and personal estate; by attainder
in high treason a man forfeits to the king all his lands and
tenements of inheritance, whether fee simple, or fee tail; and all
his rights of entry on lands and tenements, which he had at the
time of the offence committed, or at any time afterwards to be for
ever vested in the crown. The forfeiture relates back to the time
of the treason being committed, so as to avoid all intermediate
sales and incumberances; even the dower of the wife is forfeited.
The natural justice of forfeiture, or confiscation of property, for
treason, is founded in this consideration, that he, who has thus
violated the fundamental principles of government, and broken his
part of the original contract between king and people, hath abandoned
his connections with society; hath no longer any right to those
advantages, which before belonged to him purely as a member of the
community, among which social advantages the right of transferring
or transmitting property to others, is one of the chief. Such
forfeitures, moreover, whereby his posterity must suffer, as well as
himself, will help to restrain a man, not only by the sense of his
duty and dread of personal punishment, but also by his passions and
natural affections; and will influence every dependant and relation
he has to keep him from offending." 4 Black. 374. 375.
It is remarkable, however, that this offence, notwithstanding it is
of a crimson colour, and the deepest dye, and its just punishment
is not confined to the person of the offender, but beggars all his
family, is sometimes committed by persons, who are not conscious of
guilt. Sometimes they are ignorant of the law, and do not foresee
the evils they bring upon society; at others, they are induced to
think that their cause is founded in the eternal principles of
justice and truth, that they are only making an appeal to heaven,
and may justly expect its decree in their favour. Doubtless many of
the rebels, in the year 1745, were buoyed up with such sentiments,
nevertheless they were cut down like grass before the scythe of the
mower; the gibbet and scaffold received those that the sword, wearied
with destroying, had spared; and what loyalist shed one pitying
tear over their graves? They were incorrigible rebels, and deserved
their fate. The community is in less danger, when the disaffected
attempt to excite a rebellion against the person of the prince, than
when government itself is the object, because in the former case
the questions are few, simple, and their solutions obvious, the
fatal consequences more apparent, and the loyal people more alert to
suppress it in embryo; whereas, in the latter, a hundred rights of
the people, inconsistent with government, and as many grievances,
destitute of foundation, the mere creatures of distempered brains,
are pourtrayed in the liveliest colours, and serve as bugbears to
affright from their duty, or as decoys to allure the ignorant, the
credulous and the unwary, to their destruction. Their suspicions are
drowned in the perpetual roar for liberty and country; and even the
professions of allegiance to the person of the king, are improved as
means to subvert his government.
In mentioning high treason in the course of these papers, I may not
always have expressed myself with the precision of a lawyer; they
have a language peculiar to themselves. I have examined their books,
and beg leave to lay before you some further extracts, which deserve
your attention. To levy war against the king, was high treason by the
common law, 3 inst. 9. This is also declared to be high treason by
the stat. of 25 Edw. 3. c. 2. and by the law of this province, 8 W.
3. c. 5. Assembling in warlike array, against a statute, is levying
war against the king, 1 Hale 133. So to destroy any trade generally,
146. Riding with banners displayed, or forming into companies; or
being furnished with military officers; or armed with military
weapons, as swords, guns, &c. any of these circumstances carries the
_speciem belli_, and will support an indictment for high treason in
levying war, 150. An insurrection to raise the price of servants'
wages was held to be an overt-act of this species of treason,
because this was done _in defiance of the statute_ of labourers; it
was done in defiance of the _king's authority_, 5 Bac. 117 cites 3
inst. 10. Every assembling of a number of men, in a warlike manner,
with a design to redress any _public grievance_, is likewise an
overt-act of this species of treason, because this being an attempt
to do that by _private authority_, which only ought to be done by
the king's authority, is an invasion of the prerogative, 5 Bac. 117
cites 3 inst. 9. Ha. p. c. 14. Kel. 71. Sid. 358. 1. Hawk. 37. Every
assembling of a number of men in a warlike manner, with an intention
to reform the government, or the law, is an overt-act of this species
of treason, 5 Bac. 117. cites 3 inst. 9. 10. Poph. 122. Kel. 76. 7.
1 Hawk. 37. Levying war may be by taking arms, not only to dethrone
the king, but under pretence to reform religion, or the laws, or
to remove evil councellors, or other grievances, whether _real_ or
_pretended_, 4 Black. 81. Foster 211. If any levy war to expulse
strangers; to deliver men out of prison; to remove councellors, or
against any statute; or to any other end, pretending reformation of
their own heads, without warrant, this is levying war against the
king, because they take upon them royal authority, which is against
the king, 3 inst. 9. If three, four, or more, rise to pull down an
inclosure, this is a riot; but if they had risen of purpose to alter
religion, established within the realm, or laws, or to go from town
to town generally, and cast down inclosures, this is a levying of war
(though there be no great number of conspirators) within the purview
of this statute; because the pretence is public and general, and not
private in particular, 3 inst. 9. Foster 211. If any, with strength
and weapons, invasive and defensive, do hold and defend a castle or
fort, against the king and his power, this is levying of war against
the king, 3 inst. 10. Foster 219. 1 Hale 149. 296.
It was resolved by all the judges of England in the reign of Henry
the 8th, that an insurrection against the statute of labourers, for
the enhancing of salaries and wages, was a levying of war against
the king, because it was generally against the _king's law_, and the
offenders took upon them the reformation thereof, which subjects
by gathering of power, ought not to do, 3 inst. 10. All risings in
order to effect innovations of a _public_ and _general_ concern, by
an armed force, are, in construction of law, high treason within the
clause of levying war. For though they are not levelled at the person
of the king, they are against his royal majesty. And besides, they
have a direct tendency to dissolve all the bonds of society, and to
destroy all property, and all government too, by numbers and an armed
force, Foster 211. In Benstead's case, Cro. car. 593. At a conference
of all the justices and barons, it was resolved, that going to
Lambeth house, in warlike manner, to surprize the archbishop, who
was a privy counsellor (it being with drums and a multitude) to the
number of three hundred persons, was treason; upon which Foster, page
212, observes, that if it did appear by the libel, which he says was
previously posted up at the exchange, exhorting the apprentices to
rise and sack the bishop's house, upon the Monday following, or by
the cry of the rabble, at Lambeth house, that the attempt was made
on account of measures _the king had taken, or was then taking at
the instigation, as they imagined, of the archbishop_, and that the
rabble had _deliberately_ and upon a _public invitation_, attempted
by _numbers_ and open force, to take a _severe revenge_ upon the
_privy counsellor_ for the measures the sovereign had taken or was
pursuing, the _grounds and reasons_ of the resolutions would be
sufficiently explained, without taking that _little_ circumstance
of the _drum_ into the case. And he delivers as his opinion, page
208, that no great stress can be laid on that distinction taken
by Ld. C. J. Hale, between an insurrection with, and one without
the appearance of an army formed under leaders, and provided with
military weapons, and with drums, colours, &c. and says, the _want_
of these circumstances weighed nothing with the court in the cases of
Damaree and Purchase, but that it was supplied by the _number_ of the
insurgents. That they were provided with axes, crows, and such like
tools, _furor arma ministrat_; and adds, page 208, the true criterion
in all these cases, is, _quo animo_, did the parties assemble,
whether on account of some _private_ quarrel, or, page 211, to effect
innovations of a _public_ and _general_ concern, by an armed force.
Upon the case of Damaree and Purchase, reported 8 stat. in. 218. to
285. Judge Foster observes, page 215, that "since the meeting houses
of protestant dissenters are, by the _toleration act_ taken under
_protection_ of the _law_, the insurrection in the present case,
being to pull down all dissenting protestant meeting-houses, was to
be considered as a public declaration of the rabble _against that
act_, and an attempt to render it _ineffectual_ by _numbers_ and open
force."
If there be a conspiracy to levy war, and afterwards war is levied,
the conspiracy is, in every one of the conspirators, an overt act
of this species of treason, for there can be no accessary in high
treason, 5 Bac. 115. cites 3 inst. 9. 10. 138 Hales P. C. 14. Kel.
19. 1 Hawk. 38. A compassing or conspiracy to levy war is no treason,
for there must be a levying of war _in facto_. But if many conspire
to levy war, and some of them do levy the same according to the
conspiracy, this is high treason in all, for in treason all are
principals, and war is levied, 3 inst. 9. Foster 213.
The _painful_ task of applying the above rules of law to the several
transactions that we have been eye witnesses to, will never be mine.
Let me however intreat you, to make the application in your own
minds; and those of you that have continued hitherto faithful among
the faithless, Abdiel like, to persevere in your integrity; and
those of you that have been already ensnared by the accursed wiles
of designing men, to cast yourselves immediately upon that mercy,
so conspicuous through the British constitution, and which is the
brightest jewel in the imperial diadem.
MASSACHUSETTENSIS.
ADDRESSED
_To the Inhabitants of the Province of Massachusetts Bay_,
February 13, 1775.
MY DEAR COUNTRYMEN,
I offered to your consideration, last week, a few extracts from the
law books, to enable those that have been but little conversant
with the law of the land, to form a judgment, and determine for
themselves, whether any have been so far beguiled and seduced from
their allegiance, as to commit the most aggravated offence against
society, high treason. The whigs reply, riots and insurrections are
frequent in England, the land from which we sprang; we are bone of
their bone, and flesh of their flesh.--Granted; but at the same time
be it remembered, that in England the executive is commonly able
and willing to suppress insurrections, the judiciary to distribute
impartial justice, and the legislative power to aid and strengthen
the two former if necessary; and whenever these have proved
ineffectual to allay intestine commotions, war, with its concomitant
horrors, have passed through the land, marking their rout with blood.
The bigger part of Britain has at some period or other, within the
reach of history, been forfeited to the crown, by the rebellion of
its proprietors.