The act of the 9th of Queen Ann, for establishing a post-office,

gives this reason for its establishment, and for laying taxes thereby

imposed on the carriage of letters in Great Britain and Ireland, the

colonies and plantations in North America and the West Indies, and

all other her majesty's dominions and territories, "that the business

may be done in such manner as may be most beneficial to the people

of these kingdoms, and her majesty may be supplied, and the revenue

arising by the said office, better improved, settled, and secured to

her majesty, her heirs, and successors." The celebrated patriot, Dr.

Franklin, was till lately one of the principal collectors of it. The

merit in putting the post-office in America upon such a footing as to

yield a large revenue to the crown, is principally ascribed to him by

the whigs. I would not wish to detract from the real merit of that

gentleman, but had a tory been half so assiduous in increasing the

America revenue, Novanglus would have wrote parricide at the end of

his name. By an act of the sixth of George 2d. a duty is laid on all

foreign rum, molasses, syrups, sugars, and paneles, to be _raised,

levied, collected, and paid unto, and for the use of his majesty,

his heirs, and successors_. The preamble of an act of the fourth

of his present majesty declares, "that _it is just and necessary

that a revenue in America for defraying the expences of defending,

protecting, and securing the same_," &c. by which act duties are laid

upon foreign sugars, coffee, Madeira wine; upon Portugal, Spanish,

and all other wine, except French wine, imported from Great Britain;

upon silks, bengals, stuffs, calico, linen cloth, cambric, and lawn,

imported from particular places.

Thus, my friends, it is evident, that the parliament has been in the

actual, uninterrupted use and exercise of the right claimed by them,

to raise a revenue in America, from a period more remote than the

grant of the present charter, to this day. These revenue acts have

never been called unconstitutional till very lately. Both whigs and

tories acknowledged them to be constitutional. In 1764, Governor

Bernard wrote and transmitted to his friends, his polity alluded

to, and in part recited by Novanglus, wherein he asserts the right

or authority of the parliament to tax the colonies. Mr. Otis, whose

patriotism, sound policy, profound learning, integrity and honour,

is mentioned in strong terms by Novanglus, in the self-same year, in

a pamphlet which he published to the whole world, asserts the right

or authority of parliament to tax the colonies, as roundly as ever

Governor Bernard did, which I shall have occasion to take an extract

from hereafter. Mr. Otis was at that time the most popular man in the

province, and continued his popularity many years afterwards.

Is it not a most astonishing instance of caprice, or infatuation,

that a province, torn from its foundations, should be precipitating

itself into a war with Great Britain, because the British parliament

asserts its right of raising a revenue in America, inasmuch as the

claim of that right is as ancient as the colonies themselves; and

there is at present no grievous exercise of it? The parliaments

refusing to repeal the act is the ostensible foundation of our

quarrel. If we ask the whigs whether the pitiful three penny duty

upon a luxurious, unwholesome, foreign commodity gives just occasion

for the opposition; they tell us it is the precedent they are

contending about, insinuating that it is an innovation. But this

ground is not tenable; for a total repeal of the tea act would not

serve us upon the score of precedents. They are numerous without

this. The whigs have been extremely partial respecting tea. Poor

tea has been made the shibboleth of party, while molasses, wine,

coffee, indigo, &c. &c. have been unmolested. A person that drinks

New England rum, distilled from molasses, subject to a like duty,

is equally deserving of a coat of tar and feathers, with him that

drinks tea. A coffee drinker is as culpable as either, viewed in a

political light. But, say our patriots, if the British parliament

may take a penny from us, without our consent, they may a pound, and

so on, till they have filched away all our property. This incessant

incantation operates like a spell or charm, and checks the efforts of

loyalty in many an honest breast. Let us give it its full weight. Do

they mean, that if the parliament has a right to raise a revenue of

one penny on the colonies, that they must therefore have a _right_

to wrest from us all our property? If this be their meaning, I deny

their deduction; for the supreme legislature can have no right to

tax any part of the empire to a greater amount, than its just and

equitable proportion of the necessary, national expence. This is

a line drawn by the constitution itself. Do they mean, that if we

admit that the parliament may constitutionally raise one penny upon

us for the purposes of revenue, they will probably proceed from

light to heavy taxes, till their impositions become grievous and

intolerable? This amounts to no more than a denial of the right,

lest it should be abused. But an argument drawn from the actual

abuse of a power, will not conclude to the illegality of such power,

much less will an argument drawn from a capability of its being

abused. If it would, we might readily argue away all power, that

man is entrusted with. I will admit, that a power of taxation is

more liable to abuse, than legislation separately considered; and

it would give me pleasure to see some other line drawn; some other

barrier erected, than what the constitution has already done, if it

be possible, whereby the constitutional authority of the supreme

legislature, might be preserved entire, and America be guaranteed

in every right and exemption, consistent with her subordination and

dependance. But this can only be done by parliament. I repeat I am

no advocate for a land tax, or any other kind of internal tax, nor

do I think we were in any danger of them. I have not been able to

discover one symptom of any such intention in the parliament, since

the repeal of the stamp-act. Indeed, the principal speakers of the

majority, that repealed the stamp-act drew the line for us, between

internal and external taxation, and I think we ought, in honour,

justice, and good policy, to have acquiesced therein, at least until

there was some burdensome exercise of taxation. For there is but

little danger from the latter, that is from duties laid upon trade,

as any grievous restriction or imposition on American trade, would

be sensibly felt by the British; and I think with Dr. Franklin, that

"they (the British nation) have a natural and equitable right to some

toll or duty upon merchandizes carried through that part of their

dominions, viz: the American seas, towards defraying the expence they

are at in ships to maintain the safety of that carriage." These were

his words in his examination at the bar of the house, in 1765. _Sed

tempora mutantur et nos mutamur in illis._ Before we appeal to heaven

for the justice of our cause, we ought to determine with ourselves,

some other questions, whether America is not obliged in equity to

contribute something toward the national defence: whether the present

American revenue, amounts to our proportion: and whether we can, with

any tolerable grace, accuse Great Britain of _injustice_ in imposing

the late duties, when our assemblies were previously called upon, and

refused to make any provision for themselves. These, with several

imaginary grievances, not yet particularly remarked upon, I shall

consider in reviewing the publications of Novanglus; a performance

which, though not destitute of ingenuity, I read with a mixture of

grief and indignation, as it seems to be calculated to blow up every

spark of animosity, and to kindle such a flame, as must inevitably

consume a great part of this once happy province, before it can be

extinguished.

MASSACHUSETTENSIS.

ADDRESSED

_To the Inhabitants of the Province of Massachusetts Bay_,

March 6, 1775.

MY DEAR COUNTRYMEN,

Novanglus, and all others, have an indisputable right to publish

their sentiments and opinions to the world, provided they conform

to truth, decency, and the municipal laws, of the society of which

they are members. He has wrote with a professed design of exposing

the errors and sophistry which he supposes are frequent in my

publications. His design is so far laudable, and I intend to correct

them wherever he convinces me there is an instance of either. I

have no objection to the minutest disquisition; contradiction and

disputation, like the collision of flint and steel, often strike

out new light; the bare opinions of either of us, unaccompanied

by the grounds and reasons upon which they were formed, must be

considered only as propositions made to the reader, for him to adopt,

or reject as his own reason may judge, or feelings dictate. A large

proportion of the labours of Novanglus consist in denials of my

allegations in matters of such public notoriety, as that no reply

is necessary. He has alleged many things destitute of foundation;

those that affect the main object of our pursuit, but remotely, if

at all, I shall pass by without particular remark; others, of a more

interesting nature, I shall review minutely. After some general

observations upon Massachusettensis, he slides into a most virulent

attack upon particular persons, by names, with such incomparable

ease, that shews him to be a great proficient in the modern art

of detraction and calumny. He accuses the late governor Shirley,

governor Hutchinson, the late lieutenant governor Oliver, the late

judge Russell, Mr. Paxton, and brigadier Ruggles, of a conspiracy to

enslave their country. The charge is high coloured; if it be just,

they merit the epithets dealt about so indiscriminately, of enemies

to their country. If it be groundless, Novanglus has acted the part

of an assassin, in thus attempting to destroy the reputation of the

living; and of something worse than an assassin, in entering those

hallowed mansions, where the wicked commonly cease from troubling,

and the weary are at rest, to disturb the repose of the dead. That

the charge is groundless respecting governor Bernard, governor

Hutchinson, and the late lieutenant governor, I dare assert, because

they have been acquitted of it in such a manner, as every good

citizen must acquiesce in. Our house of representatives, acting as

the grand inquest of the province, presented them before the king in

council, and after a full hearing, they were acquitted with honour,

and the several impeachments dismissed, as groundless, vexatious,

and scandalous. The accusation of the house was similar to this of

Novanglus; the court they chose to institute their suit in, was of

competent and high jurisdiction, and its decision final. This is

a sufficient answer to the state charges made by this writer, so

far as they respect the governors Bernard, Hutchinson and Oliver,

whom he accuses as principals; and it is a general rule, that

if the principal be innocent, the accessary cannot be guilty. A

determination of a constitutional arbiter ought to seal up the lips

of even prejudice itself, in silence; otherwise litigation must be

endless. This calumniator, nevertheless, has the effrontery to renew

the charge in a public news paper, although thereby he arraigns our

most gracious Sovereign, and the lords of the privy council, as well

as the gentlemen he has named. Not content with wounding the honour

of judges, counsellors and governors, with missile weapons, darted

from an obscure corner, he now aims a blow at majesty itself. Any one

may accuse; but accusation, unsupported by proof, recoils upon the

head of the accuser. It is entertaining enough to consider the crimes

and misdemeanors alleged, and then examine the evidence he adduces,

stript of the false glare he has thrown upon it.

The crimes are these; the persons named by him conspired together

to _enslave_ their country, in consequence of a plan, the outlines

of which have been drawn by sir Edmund Andross and others, and

handed down by tradition to the present times. He tells us that

governor Shirley, in 1754, communicated the profound secret, the

great design of taxing the colonies by act of parliament, to the

sagacious gentleman, eminent philosopher, and distinguished patriot,

Dr. Franklin. The profound secret is this; after the commencement

of hostilities between the English and French colonies in the last

war, a convention of committees from several provinces were called by

the king, to agree upon some general plan of defence. The principal

difficulty they met with was in devising means whereby each colony

might be obliged to contribute its proportionable part. General

Shirley proposed _that application should be made to parliament to

impower the committees of the several colonies to tax the whole

according to their several proportions_. This plan was adopted by the

convention, and approved of by the assembly in New York, who passed a

resolve in these words: "That the scheme proposed by governor Shirley

for the defence of the British colonies in North America, is well

concerted, and that this colony joins therein." This however did not

succeed, and he proposed another, viz. for the parliament to assess

each one's proportion, and in case of failure to raise it on their

part, that it should be done by parliament. This is the profound

secret. His assiduity, in endeavouring to have some effectual plan

of general defence established, is, by the false colouring of this

writer, represented as an attempt to aggrandise himself, family and

friends; and that gentleman, under whose administration the several

parties in the province were as much united, and the whole province

rendered as happy as it ever was, for so long a time together, is

called a "crafty, busy, ambitious, intriguing, enterprizing man."

This attempt of Governor Shirley for a parliamentary taxation,

is however a circumstance strongly militating with this writer's

hypothesis, for the approbation shewn to the Governor's proposal

by the convention, which consisted of persons from the several

colonies, not inferior in point of discernment, integrity, knowledge

or patriotism to the members of our late _grand_ congress, and the

vote of the New York assembly furnishes pretty strong evidence that

the authority of parliament, even in point of taxation, was not

doubted in that day. Even Dr. Franklin, in the letter alluded to,

does not deny the right. His objections go to the inexpediency of the

measure. He supposes it would create uneasiness in the minds of the

colonists should they be thus taxed, unless they were previously

allowed to send representatives to parliament. If Dr. Franklin really

supposes that the parliament has no constitutional right to raise a

revenue in America, I must confess myself at a loss to reconcile his

conduct in accepting the office of post-master, and his assiduity

in increasing the revenue in that department, to the patriotism

predicated of him by Novanglus, especially as this unfortunately

happens to be an internal tax. This writer then tells us, that the

plan was interrupted by the war, and afterwards by Governor Pownal's

administration. That Messieurs Hutchinson and Oliver, stung with envy

at Governor Pownal's favourites, propagated slanders respecting him

to render him uneasy in his seat. My answer is this, that he that

publishes such falsehoods as these in a public newspaper, with an air

of seriousness, insults the understanding of the public, more than he

injures the individuals he defames. In the next place we are told,

that Governor Bernard was the proper man for this purpose, and he

was employed by the junto to suggest to the ministry the project of

taxing the colonies by act of parliament. Sometimes Governor Bernard

is the arch enemy of America, the source of all our troubles, now

only a tool in the hands of others. I wish Novanglus's memory had

served him better, his tale might have been consistent with itself,

however variant from truth. After making these assertions with equal

gravity and assurance, he tells us, he does not advance this without

evidence. I had been looking out for evidence a long time, and was

all attention when it was promised, but my disappointment was equal

to the expectation he had raised, when I found the evidence amounted

to nothing more than Governor Bernard's letters and principles of

law and polity, wherein he asserts the supremacy of parliament over

the colonies both as to legislation and taxation. Where this writer

got his logic, I do not know. Reduced to a syllogism, his argument

stands thus; Governor Bernard, in 1764, wrote and transmitted to

England certain letters and principles of law and polity, wherein

he asserts the right of parliament to tax the colonies; Messieurs

Hutchinson and Oliver were in unison with him in all his measures;

therefore Messieurs Hutchinson and Oliver employed Governor Bernard

to suggest to the ministry the project of taxing the colonies by

act of parliament. The letters and principles are the whole of the

evidence, and this is all the appearance of argument contained in

his publication. Let us examine the premises. That Governor Bernard

asserted the right of parliament to tax the colonies in 1764, is

true. So did Mr. Otis, in a pamphlet he published the self-same year,

from which I have already taken an extract. In a pamphlet published

in 1765, Mr. Otis tells us, "it is certain that the parliament of

Great Britain hath a just, clear, equitable and constitutional right,

power and authority to bind the colonies by all acts wherein they are

named. Every lawyer, nay every Tyro, knows this; no less certain is

it that the parliament of Great Britain has a just and _equitable_

right, power and authority to impose taxes on the colonies _internal

and external, on lands as well as on trade_." But does it follow from

Governor Bernard's transmitting his principles of polity to four

persons in England, or from Mr. Otis's publishing to the whole world

similar principles, that either the one or the other suggested to the

ministry the project of taxing the colonies by act of parliament?

Hardly, supposing the transmission and publication had been prior to

the resolution of parliament to that purpose; but very unfortunately

for our reasoner, they were both subsequent to it, and were the

effect and not the cause.

The history of the stamp act is this. At the close of the last war,

which was a native of America, and increased the national debt

upwards of sixty millions, it was thought by parliament to be but

equitable, that an additional revenue should be raised in America,

towards defraying the necessary charges of keeping it in a state

of defence. A resolve of this nature was passed, and the colonies

made acquainted with it through their agents, in 1764, that their

assemblies might make the necessary provision if they would. The

assemblies neglected doing any thing, and the parliament passed the

stamp act. There is not so much as a colourable pretence that any

American had a hand in the matter. Had governor Bernard, governor

Hutchinson, or the late lieutenant governor been any way instrumental

in obtaining the stamp act, it is very strange that not a glimpse

of evidence should ever have appeared, especially when we consider

that their private correspondence has been published, letters which

were written in the full confidence of unsuspecting friendship. The

evidence, as Novanglus calls it, is wretchedly deficient as to fixing

the charge upon governor Bernard; but, even admitting that governor

Bernard suggested to the ministry the design of taxing, there is no

kind of evidence to prove that the junto, as this elegant writer

calls the others, approved of it, much less that they employed him to

do it. But, says he, no one can doubt but that Messieurs Hutchinson

and Oliver were in unison with governor Bernard, in all his measures.

This is not a fact, Mr. Hutchinson dissented from him respecting the

alteration of our charter, and wrote to his friends in England to

prevent it. Whether governor Bernard wrote in favour of the stamp

act being repealed or not I cannot say, but I know that governor

Hutchinson did, and have reason to think his letters had great weight

in turning the scale, which hung doubtful a long time, in favour of

the repeal. These facts are known to many in the province, whigs as

well as tories, yet such was the infatuation that prevailed, that

the mob destroyed his house upon supposition that he was the patron

of the stamp act. Even in the letters wrote to the late Mr. Whately,

we find him advising to a total repeal of the tea act. It cannot be

fairly inferred from persons' intimacy or mutual confidence that

they always approve of each others plans. Messieurs Otis, Cushing,

Hancock and Adams were as confidential friends, and made common cause

equally with the other gentlemen. May we thence infer, that the three

latter hold that the parliament has a just and _equitable right_

to impose taxes on the colonies? Or, that "the time may come, when

the real interest of the whole may require an act of parliament to

annihilate all our charters?" For these also are Mr. Otis's words.

Or may we lay it down as a principle to reason from, that these

gentlemen never disagree respecting measures? We know they do often,

very materially. This writer is unlucky both in his principles and

inferences. But where is the evidence respecting brigadier Ruggles,

Mr. Paxton, and the late judge Russel? He does not produce even the

shadow of a shade. He does not even pretend that they were in unison

with governor Bernard in all his measures. In matters of small moment

a man may be allowed to amuse with ingenious fiction, but in personal

accusation, in matters so interesting both to the individual and to

the public, reason and candour require something more than assertion,

without proof, declamation without argument, and censure without

dignity or moderation: this however, is characteristic of Novanglus.

It is the stale trick of the whig writers feloniously to stab the

reputation, when their antagonists are invulnerable in their public

conduct.

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