the representatives of the people have been frequently treated with
contempt." This is as virulent a libel upon his majesty's government,
as falshood and ingenuity combined could fabricate. Our humble and
reasonable petitions have not only been ever graciously received,
when the established mode of exhibiting them has been observed,
but generally granted. Applications of a different kind, have been
treated with neglect, though not always with the contempt they
deserved. These either originated in illegal assemblies, and could
not be received without implicitly countenancing such enormities, or
contained such matter, and were conceived in such terms, as to be at
once an insult to his majesty, and a libel on his government. Instead
of being decent remonstrances against real grievances, or prayers for
their removal, they were insidious attempts to wrest from the crown,
or the supreme legislature, their inherent, unalienable prerogatives
or rights.
We have a recent instance of this kind of petition, in the
application of the continental congress to the king, which starts
with these words: "A standing army has been kept in these colonies
ever since the conclusion of the late war, _without the consent
of our assemblies_." This is a denial of the king's authority to
station his military forces in such parts of the empire, as his
majesty may judge expedient for the common safety. They might with
equal propriety have advanced one step further, and denied its being
a prerogative of the crown to declare war, or conclude a peace, by
which the colonies should be affected, without the consent of our
assemblies. Such petitions carry the marks of death in their faces,
as they cannot be granted but by surrendering some constitutional
right at the same time; and therefore afford grounds for suspicion at
least, that they were never intended to be granted, but to irritate
and provoke the power petitioned to. It is one thing to remonstrate
the inexpediency or inconveniency of a particular act of the
prerogative, and another to deny the existence of the prerogative. It
is one thing to complain of the inutility or hardship of a particular
act of parliament, and quite another to deny the authority of
parliament to make any act. Had our patriots confined themselves to
the former, they would have acted a part conformable to the character
they assumed, and merited the encomiums they arrogate.
There is not one act of parliament that respects us, but would have
been repealed, upon the legislators being convinced, that it was
oppressive; and scarcely one, but would have shared the same fate,
upon a representation of its being generally disgustful to America.
But, by adhering to the latter, our politicians have ignorantly or
wilfully betrayed their country. Even when Great Britain has relaxed
in her measures, or appeared to recede from her claims, instead of
manifestations of gratitude, our politicians have risen in their
demands, and sometimes to such a degree of insolence, as to lay the
British government under a necessity of persevering in its measures
to preserve its honour.
It was my intention, when I began these papers, to have minutely
examined the proceedings of the continental congress, as the
delegates appear to me to have given their country a deeper wound,
than any of their predecessors had inflicted, and I pray God it
may not prove an incurable one; but am in some measure anticipated
by Grotius, Phileareine, and the many pamphlets that have been
published; and shall therefore confine my observations to some of its
most striking and characteristic features.
A congress or convention of committees from the several colonies,
constitutionally appointed by the supreme authority of the state,
or by the several provincial legislatures, amenable to, and
controulable by the power that convened them, would be salutary
in many supposeable cases. Such was the convention of 1754; but a
congress otherwise appointed, must be an unlawful assembly, wholly
incompatible with the constitution, and dangerous in the extreme,
more especially as such assemblies will ever chiefly consist of
the most violent partizans. The prince, or sovereign, as some
writers call the supreme authority of a state, is sufficiently
ample and extensive to provide a remedy for every wrong, in all
possible emergencies and contingencies; consequently a power, that
is not derived from such authority, springing up in a state, must
encroach upon it, and in proportion as the usurpation enlarges
itself, the rightful prince must be diminished; indeed, they cannot
long subsist together, but must continually militate, till one or
the other be destroyed. Had the continental congress consisted of
committees from the several houses of assembly, although destitute
of the consent of the several governors, they would have had some
appearance of authority; but many of them were appointed by other
committees, as illegally constituted as themselves. However, at so
critical and delicate a juncture, Great Britain being alarmed with
an apprehension, that the colonies were aiming at independence on
the one hand, and the colonies apprehensive of grievous impositions
and exactions from Great Britain on the other; many real patriots
imagined, that a congress might be eminently serviceable, as they
might prevail on the Bostonians to make restitution to the East
India company, might still the commotions in this province, remove
any ill-founded apprehensions respecting the colonies, and propose
some plan for a cordial and permanent reconciliation, which might be
adopted by the several assemblies, and make its way through them to
the supreme legislature. Placed in this point of light, many good men
viewed it with an indulgent eye, and tories, as well as whigs, bade
the delegates God speed.
The path of duty was too plain to be overlooked; but unfortunately
some of the most influential of the members were the very persons
that had been the _wilful_ cause of the evils they were expected to
remedy. Fishing in troubled waters had long been their business and
delight; and they deprecated nothing more than that the storm they
had blown up, should subside. They were old in intrigue, and would
have figured in a conclave. The subtility, hypocrisy, cunning, and
chicanery, habitual to such men, were practised with as much success
in this, as they had been before in other popular assemblies.
Some of the members, of the first rate abilities and characters,
endeavoured to confine the deliberations and resolves of the congress
to the design of its institution, which was "to restore peace,
harmony, and mutual confidence," but were obliged to succumb to the
intemperate zeal of some, and at length were so circumvented and
wrought upon by the artifice and duplicity of others, as to lend
the sanction of their names to such measures, as they condemned in
their hearts. _Vide_ a pamphlet published by one of the delegates,
entitled, "A candid examination, &c."
The congress could not be ignorant of what every body else knew, that
their appointment was repugnant to, and inconsistent with every idea
of government, and therefore wisely determined to destroy it. Their
first essay that transpired, and which was matter of no less grief to
the friends of our country, than of triumph to its enemies, was the
ever memorable resolve approbating and adopting the Suffolk resolves,
thereby undertaking to give a continental sanction to a forcible
opposition to acts of parliament, shutting up the courts of justice,
and thereby abrogating all human laws, seizing the king's provincial
revenue, raising forces in opposition to the king's, and all the
tumultuary violence, with which this unhappy province had been rent
asunder.
This fixed the complexion, and marked the character of the congress.
We were, therefore, but little surprized, when it was announced, that
as far as was in their power, they had dismembered the colonies from
the parent country. This they did by resolving, that "the colonists
are entitled to an exclusive power of legislation in their several
provincial legislatures." This stands in its full force, and is
an absolute denial of the authority of parliament respecting the
colonies.
Their subjoining that, "_from necessity_ they consent to the
_operation_ (not the authority) of such acts of the _British_
parliament, as _are_ (not shall be) _bona fide_ restrained to
external commerce," is so far from weakening their first principle,
that it strengthens it, and is an adoption of the acts of trade. This
resolve is a manifest revolt from the British empire. Consistent with
it, is their overlooking the supreme legislature, and addressing the
inhabitants of Great Britain, in the style of a manifesto, in which
they flatter, complain, coax, and threaten alternately; and their
prohibiting all commercial intercourse between the two countries:
with equal propriety and justice the congress might have declared
war against Great Britain; and they intimate that they might justly
do it, and actually shall, if the measures already taken prove
ineffectual. For in the address to the colonies, after attempting
to enrage their countrymen by every colouring and heightning in the
power of language, to the utmost pitch of frenzy, they say, "the
state of these colonies would certainly justify _other_ measures
than we have advised; we were inclined to offer _once more_ to
his _majesty_ the petition of his faithful and oppressed subjects
in America," and admonish the colonists to extend their views to
_mournful events_, and to be in all respects prepared for every
contingency.
This is treating Great Britain as an alien enemy; and if Great
Britain be such, it is justifiable by the law of nations. But their
attempt to alienate the affections of the inhabitants of the new
conquered province of Quebec from his majesty's government, is
altogether unjustifiable, even upon that principle. In the truly
jesuitical address to the Canadians, the congress endeavour to
seduce them from their allegiance, and prevail on them to join the
confederacy. After insinuating that they had been tricked, duped,
oppressed and enslaved by the Quebec bill, the congress exclaim,
why this degrading distinction? "Have not Canadians sense enough
to attend to any other public affairs, than gathering stones from
one place and piling them up in another? Unhappy people; who are
not only injured but _insulted_." "Such a treacherous ingenuity
has been exerted, in drawing up the code lately offered you, that
every sentence, beginning with a benevolent pretention, concludes
with a destructive power; and the substance of the whole divested
of its smooth words, is that the _crown_ and its ministers shall be
as absolute throughout your extended province, as the _despots of
Asia or Africa_. We defy you, casting your view upon every side,
to discover a single circumstance promising, from any quarter, the
faintest hope of liberty to you or your posterity, but from an entire
adoption into the union of these colonies." The treachery of the
congress in this address is the more flagrant, by the Quebec bill's
having been adapted to the genius and manners of the Canadians,
formed upon their own petition, and received with every testimonial
of gratitude. The public tranquility has been often disturbed by
treasonable plots and conspiracies. Great Britain has been repeatedly
deluged by the blood of its slaughtered citizens, and shaken to its
centre by rebellion. To offer such aggravated insult to British
government was reserved for _the grand continental congress_. None
but ideots or madmen could suppose such measures had a tendency to
restore "union and harmony between Great Britain and the colonies."
Nay! The very demands of the congress evince, that that was not in
their intention. Instead of confining themselves to those acts, which
occasioned the misunderstanding, they demand a repeal of fourteen,
and bind the colonies by a law not to trade with Great Britain, until
that shall be done. Then, and not before, the colonists are to treat
Great Britain as an alien friend, and in no other light is the parent
country ever after to be viewed; for the parliament is to surcease
enacting laws to respect us forever. These demands are such as cannot
be complied with, consistent with either the honor or interest of
the empire, and are therefore insuperable obstacles to a union _via_
congress.
The delegates erecting themselves into the states general or supreme
legislature of all the colonies, from _Nova Scotia_ to _Georgia_,
does not leave a doubt respecting their aiming, in good earnest,
at independency: this they did by enacting laws. Although they
recognize the authority of the several provincial legislatures,
yet they consider their own authority as paramount or supreme;
otherwise they would not have acted decisively, but submitted their
plans to the final determination of the assemblies. Sometimes
indeed they use the terms request and recommend; at others they
speak in the style of authority. Such is the resolve of the 27th of
September: "Resolved from and after the first day of December next,
there be no importation into British America from Great Britain
or Ireland of any goods, wares or merchandize whatsoever, or from
any other place of any such goods, wares or merchandize, as shall
have been exported from Great Britain or Ireland, and that no such
goods, wares or merchandize imported, after the said first day of
December next, be used or purchased." October 15, the congress
resumed the consideration of the plan for carrying into effect the
non-importation, &c. October 20, the plan is compleated, determined
upon, and ordered to be subscribed by all the members: they call
it an association, but it has all the constituent parts of a law.
They begin, "We his majesty's most loyal subjects the delegates
of the several colonies of, &c. deputed to _represent them_ in a
continental congress," and agree for themselves and the inhabitants
of the several colonies whom they represent, not to import, export
or consume, &c. as also to observe several sumptuary regulations
under certain penalties and forfeitures, and that a committee be
chosen in every county, city and town, by those who are qualified
to vote for representatives in the legislature, to see that the
association be observed and kept, and to punish the violators of it;
and afterwards, "recommend it to the provincial conventions, and to
the committees in the respective colonies to establish such further
regulations, as they may think proper, for carrying into execution
the association." Here we find the congress enacting laws, that is,
establishing, as the representatives of the people, certain rules
of conduct to be observed and kept by all the inhabitants of these
colonies, under certain pains and penalties, such as masters of
vessels being dismissed from their employment; goods to be seized and
sold at auction, and the first cost only returned to the proprietor,
a different appropriation made of the overplus; persons being
stigmatized in the gazette, as enemies to their country, and excluded
the benefits of society, &c.
The congress seem to have been apprehensive that some squeamish
people might be startled at their assuming the powers of legislation,
and therefore, in the former part of their association say, they
bind themselves and constituents under the sacred ties of virtue,
honor, and love to their country, afterwards establish penalties
and forfeitures, and conclude by solemnly binding themselves and
constituents under the ties aforesaid, which include them all. This
looks like artifice: but they might have spared themselves that
trouble; for every law is or ought to be made under the sacred ties
of virtue, honor and a love to the country, expressed or implied,
though the penal sanction be also necessary. In short, were the
colonies distinct states, and the powers of legislation vested in
delegates thus appointed, their association would be as good a form
of enacting laws as could be devised.
By their assuming the powers of legislation, the congress have not
only superseded our provincial legislatures, but have excluded every
idea of monarchy; and not content with the havock already made in our
constitution, in the plenitude of their power, have appointed another
congress to be held in May.
Those, that have attempted to establish new systems, have generally
taken care to be consistent with themselves. Let us compare the
several parts of the continental proceedings with each other.
The delegates call themselves and constituents "his majesty's most
loyal subjects," his majesty's most faithful subjects affirm, that
the colonists are entitled "to all the immunities and privileges
granted and confirmed to them by royal charters," declare that they
"wish not a diminution of the prerogative, nor solicit the grant
of any new right or favour," and they "shall always carefully and
zealously endeavour to support his royal authority and our connection
with Great Britain;" yet deny the king's prerogative to station
troops in the colonies, disown him in the capacity in which he
granted the provincial charters; disclaim the authority of the king
in parliament; and undertake to enact and execute laws without any
authority derived from the crown. This is dissolving all connection
between the colonies and the crown, and giving us a new king,
altogether incomprehensible, not indeed from the infinity of his
attributes, but from a privation of every royal prerogative, and not
leaving even a semblance of a connection with Great Britain.
They declare, that the colonists "are entitled to all the rights,
liberties and immunities of free and natural born subjects within
the realm of England," and "all the benefits secured to the subject
by the English constitution," but disclaim all obedience to British
government; in other words, they claim the protection, and disclaim
the allegiance. They remonstrate as a grievance that "both houses of
parliament have resolved that the colonists may be tried in England
for offences, alleged to have been committed in America, by virtue of
a statute passed in the thirty-fifth year of Henry the eighth; and
yet resolve that they are entitled to the benefit of such English
statutes, as existed at the time of their colonization, and are
applicable to their several local and other circumstances." They
resolve that the colonists are entitled to a free and _exclusive_
power of legislation in their several provincial assemblies; yet
undertake to legislate in congress.
The immutable laws of nature, the principles of the English
constitution, and our several charters are the basis, upon which they
pretend to found themselves, and complain more especially of being
deprived of trials by juries; but establish ordinances incompatible
with either the laws of nature, the English constitution, or our
charter; and appoint committees to punish the violaters of them, not
only without a jury, but even without a form of trial.
They repeatedly complain of the Roman Catholic religion being
established in Canada; and in their address to the Canadians, ask,
"If liberty of conscience be offered them _in their religion_ by the
Quebec bill," and answer, "no: God gave it to you and the temporal
powers, with which you have been and are connected, firmly stipulated
for your enjoyment of it. If laws, _divine_ and _human_, could secure
it against the despotic caprices of wicked men, it was secured
before."
They say to the people of Great Britain, "place us in the same
situation, that we were in, at the close of the last war, and our
harmony will be restored." Yet some of the principal grievances,
which are to be redressed, existed long before that era, viz. The
king's keeping a standing army in the colonies; judges of admiralty
receiving their fees, &c. from the effects condemned by themselves;
counsellors holding commissions during pleasure, exercising
legislative authority; and the capital grievance of all, the
parliament claiming and exercising over the colonies a right both of
legislation and taxation. However the wisdom of the grand continental
congress may reconcile these seeming inconsistencies.
Had the delegates been appointed to devise means to irritate and
enrage the inhabitants of the two countries, against each other,
beyond a possibility of reconciliation, to abolish our equal system
of jurisprudence, and establish a judicatory as arbitrary, as the
Romish inquisition, to perpetuate animosities among ourselves, to
reduce thousands from affluence to poverty and indigence, to injure
Great Britain, Ireland, the West Indies, and these colonies, to
attempt a revolt from the authority of the empire, and finally to
draw down upon the colonies the whole vengeance of Great Britain;
more promising means to effect the whole could not have been devised
than those the congress adopted. Any deviation from their plan would
have been treachery to their constituents, and an abuse of the trust
and confidence reposed in them. Some idolaters have attributed to
the congress the collected wisdom of the continent. It is as near
the truth to say, that every particle of disaffection, petulance,
ingratitude, and disloyalty, that for ten years past have been
scattered through the continent, were united and consolidated in
them. Are these thy Gods, O Israel!
MASSACHUSETTENSIS.
ADDRESSED
_To the Inhabitants of the Province of Massachusetts Bay_,
April 3, 1775.
MY DEAR COUNTRYMEN,