people seems to be upon our own Wisdom & Valor," in which I fully
agree with you. It puts me in mind of a Letter I recd not along
ago from a friend of mine of some note in London, wherein he says,
"your whole dependence under God is upon your own Virtue, (Valor).
I know of no Noblemen in this Kingdom who care any thing about
you, excepting Lords Chatham & Shelburne, & you would do well to
be watchful even of them."
I earnestly wish that the Inhabitants of Marblehead & other Towns
would severally meet, & if they see Cause, among other Measures,
second this town & appoint a Come to be ready to communicate with
ours1 when ready. This would at once discover an Union of Sentiments
thus far & have its Influence on other Towns. It wd at least show that
Boston is not wholly deserted, & might prevent "its falling a
Sacrifice to the Rage or ridicule of our (common) Enemies."
I shall be pleasd with your further Sentiments & am in strict truth,
1 The Boston Committee of Correspondence was appointed on November
2. "It was then moved by Mr Samuel Adams, That a Committee of
Correspondence be appointed to consist of twenty one Persons - to
state the Rights of the Colonists and of this Province in
particular, as Men, as Christians, and as Subjects; to communicate
and publish the same to the several Towns in this Province and to
the World as the sense of this Town, with the Infringements and
Violations thereof that have been, or from time to time may be
made - Also requesting of each Town a free communication of their
Sentiments on this Subject - And the Question being accordingly
put - Passed in the Affermative. Nem Cont. Boston Record Commissioner
Report, vol. xviii., p.93. Cf., William Gordon, History of the Rise,
Progress, and Establishment, of the Independence of the United States
of America, vol. i., pp. 312-314.
TO ELBRIDGE GERRY.
[MS., Samuel Adams Papers, Lenox Library; a text, with variations,
is in J. T. Austin, Life of Elbridge Gerry, vol. i., pp. 19-21.]
BOSTON Novr 14 1772
MY DEAR SIR
Your Letter of the 10 Inst.1 did not come to my hand till this
Evening. It is a great Satisfaction to me to be assured from you
that the Friends to Liberty in Marblehead are active & that there
is like to be a Town meeting there. Our Committee are industrious,
and I think I may promise you, they will be ready to report to the
Town in two or three days; so that if your Town should think
proper to make an Adjournment for ten days or a Fortnight, they
will doubtless by that time if not before have an Opportunity of
acting upon our Resolutions. I am sorry when any of our Proceedings
are not exactly according to your Mind. The Word you object to2 in our
resolves was designd to introduce into our State of Grievances
"the Chh Innovations and the Establishment of those Tyrants in
Religion, Bishops" which as you observe will probably take place.
I cannot but hope, when you consider how indifferent too many of
the Clergy are to our just & righteous Cause, that some of them
are the Adulators of our Oppressors, and even some of the best of
them are extremely cautious of recommending (at least in their
publick performances), the Rights of their Country to the
protection of Heaven, lest they should give offence to the little
Gods on Earth, you will judge it quite necessary that we should
assert [and] vindicate our Rights as Christians as well as Men &
Subjects.
The Town of Roxbury are to meet on Monday next; and a great Number
in Cambridge have subscribed a Petition to their Selectmen for a
Meeting there. I have recd a Letter from a Gentleman of Influence
in Plymouth who is pleasd to say, he thinks the general plan
adopted here will produce great Consequences if supported with
Spirit in the Country; & that he believes there will be no
Difficulty in getting a Meeting there & carrying the point in
seconding this town. He tells me, the Pulse of his fellow Townsmen
beat high and their resentment he supposes is equal to that of any
other Town. May God grant, that the Love of Liberty & a Zeal to
support it may enkindle in every town. If the Enemies should see
the flame bursting in different parts of the Country & distant
from each other, it might discourage their attempts to damp &
quench it. I am well assured they are alarmd at the Measure now
taking, being greatly apprehensive of the same Consequences from
it which our good friend at Plymouth hopes and expects. This
should animate us in carrying it into Execution. I beg you would
exert your utmost Influence in your neighboring towns and
elsewhere. I hear Nothing of old Salem. I fear they have had an
opiate administerd to them. I am told there has been a
Consultation there, a Cabal in which his E -- y presided. Pray let
me still be favord with your Letters & be assured I am sincerely
YOUR FRIEND,
1 T. Austin, Life of Elbridge Gerry, vol. i., pp. 18, 19; the
original is in the Samuel Adams Papers, Lenox Library.
2 "Christians."
THE RIGHTS OF THE COLONISTS, A LIST OF VIOLATIONS OF RIGHTS
AND A LETTER OF CORRESPONDENCE.1
Adopted by the Town of Boston, November 20, I772.2
[Boston Record Commissioners' Report, vol. xviii., pp. 94-108.]
The Committee appointed by the Town the second Instant "to State
the Rights of the Colonists and of this Province in particular, as
Men, as Christians, and as Subjects; to communicate and publish the
same to the several Towns in this Province and to the World as the
sense of this Town with the Infringements and Violations thereof that
have been, or from Time to Time may be made. Also requesting of each
Town a free Communication of their Sentiments Reported First, a State
of the Rights of the Colonists and of this Province in particular --
Secondly, A List of the Infringements, and Violations of those Rights.
-- Thirdly, A Letter of Correspondence with the other Towns. -- 1st.
Natural Rights of the Colonists as Men. -- Among the Natural Rights of
the Colonists are these First. a Right to Life; Secondly to Liberty;
thirdly to Property; together with the Right to support and defend
them in the best manner they can - Those are evident Branches of,
rather than deductions from the Duty of Self Preservation, commonly
called the first Law of Nature -
All Men have a Right to remain in a State of Nature as long as
they please: And in case of intollerable Oppression, Civil or
Religious, to leave the Society they belong to, and enter into
another. -- When Men enter into Society, it is by voluntary
consent; and they have a right to demand and insist upon the
performance of such conditions, And previous limitations as form
an equitable original compact. ---
Every natural Right not expressly given up or from the nature of a
Social Compact necessarily ceded remains.
All positive and civil laws, should conform as far as possible, to
the Law of natural reason and equity. -
As neither reason requires, nor religeon permits the contrary,
every Man living in or out of a state of civil society, has a
right peaceably and quietly to worship God according to the
dictates of his conscience. -
"Just and true liberty, equal and impartial liberty" in matters
spiritual and temporal, is a thing that all Men are clearly
entitled to, by the eternal and immutable laws Of God and nature,
as well as by the law of Nations, & all well grounded municipal
laws, which must have their foundation in the former. -
In regard to Religeon, mutual tolleration in the different professions
thereof, is what all good and candid minds in all ages have ever
practiced; and both by precept and example inculcated on mankind:
And it is now generally agreed among christians that this spirit
of toleration in the fullest extent consistent with the being of
civil society "is the chief characteristical mark of the true
church " 3 & In so much that Mr Lock has asserted, and proved
beyond the possibility of contradiction on any solid ground, that
such toleration ought to be extended to all whose doctrines are
not subversive of society. The only Sects which he thinks ought to
be, and which by all wise laws are excluded from such toleration, are
those who teach Doctrines subversive of the Civil Government under
which they live. The Roman Catholicks or Papists are excluded by
reason of such Doctrines as these "that Princes excommunicated may be
deposed, and those they call hereticks may be destroyed without
mercy; besides their recognizing the Pope in so absolute a manner,
in subversion of Government, by introducing as far as possible
into the states, under whose protection they enjoy life, liberty
and property, that solecism in politicks, Imperium in imperio 4
leading directly to the worst anarchy and confusion, civil
discord, war and blood shed -
The natural liberty of Men by entring into society is abridg'd or
restrained so far only as is necessary for the Great end of
Society the best good of the whole-
In the state of nature, every man is under God, Judge and sole
Judge, of his own rights and the injuries done him: By entering
into society, he agrees to an Arbiter or indifferent Judge between
him and his neighbours; but he no more renounces his original
right, than by taking a cause out of the ordinary course of law,
and leaving the decision to Referees or indifferent Arbitrations.
In the last case he must pay the Referees for time and trouble; he
should be also willing to pay his Just quota for the support of
government, the law and constitution; the end of which is to
furnish indifferent and impartial Judges in all cases that may
happen, whether civil ecclesiastical, marine or military. -
"The natural liberty of man is to be free from any superior power
on earth, and not to be under the will or legislative authority of
man ; but only to have the law of nature for his rule."-
In the state of nature men may as the Patriarchs did, employ hired
servants for the defence of their lives, liberty and property: and
they should pay them reasonable wages. Government was instituted
for the purposes of common defence; and those who hold the reins
of government have an equitable natural right to an honourable
support from the same principle "that the labourer is worthy of
his hire" but then the same community which they serve, ought to
be assessors of their pay: Governors have no right to seek what
they please; by this, instead of being content with the station
assigned them, that of honourable servants of the society, they
would soon become Absolute masters, Despots, and Tyrants. Hence as
a private man has a right to say, what wages he will give in his
private affairs, so has a Community to determine what they will
give and grant of their Substance, for the Administration of
publick affairs. And in both cases more are ready generally to
offer their Service at the proposed and stipulated price, than are
able and willing to perform their duty. -
In short it is the greatest absurdity to suppose it in the power
of one or any number of men at the entering into society, to
renounce their essential natural rights, or the means of
preserving those rights when the great end of civil government
from the very nature of its institution is for the support,
protection and defence of those very rights: the principal of
which as is before observed, are life liberty and property. If men
through fear, fraud or mistake, should in terms renounce and give
up any essential natural right, the eternal law of reason and the
great end of society, would absolutely vacate such renunciation;
the right to freedom being the gift of God Almighty, it is not in
the power of Man to alienate this gift, and voluntarily become a
slave --
2d The Rights of the Colonists as Christians - These may be best
understood by reading - and carefully studying the institutes of
the great Lawgiver and head of the Christian Church: which are to
be found closely5 written and promulgated in the New Testament -
By the Act of the British Parliament commonly called the
Toleration Act, every subject in England Except Papists &c was
restored to, and re-established in, his natural right to worship
God according to the dictates of his own conscience. And by the
Charter of this Province it is granted ordained and established
(that it is declared as an original right) that there shall be
liberty of conscience allowed in the worship of God, to all
christians except Papists, inhabiting or which shall inhabit or be
resident within said Province or Territory.6 Magna Charta itself
is in substance but a constrained Declaration, or proclamation,
and promulgation in the name of King, Lord, and Commons of the
sense the latter had of their original inherent, indefeazible
natural Rights,7 as also those of free Citizens equally perdurable
with the other. That great author that great jurist, and even that
Court writer W Justice Blackstone holds that this recognition was
justly obtained of King John sword in hand: and peradventure it must
be one day sword in hand again rescued and preserved from total
destruction and oblivion.
3d. The Rights of the Colonists as Subjects
A Common Wealth or state is a body politick or civil society of
men, united together to promote their mutual safety and prosperity,
by means of their union.8
The absolute Rights of Englishmen, and all freemen in or out of
Civil society, are principally, personal security personal liberty
and private property.
All Persons born in the British American Colonies are by the laws
of God and nature, and by the Common law of England, exclusive of
all charters from the Crown, well Entitled, and by the Acts of the
British Parliament are declared to be entitled to all the natural
essential, inherent & inseperable Rights Liberties and Privileges
of Subjects born in Great Britain, or within the Realm. Among
those Rights are the following; which no men or body of men,
consistently with their own rights as men and citizens or members
of society, can for themselves give up, or take away from others
First, "The first fundamental positive law of all Commonwealths or
States, is the establishing the legislative power; as the first
fundamental natural law also, which is to govern even the legislative
power itself, is the preservation of the Society."9
Secondly, The Legislative has no right to absolute arbitrary power
over the lives and fortunes of the people: Nor can mortals assume
a prerogative, not only too high for men, but for Angels; and
therefore reserved for the exercise of the Deity alone. -
"The Legislative cannot Justly assume to itself a power to rule by
extempore arbitrary decrees; but it is bound to see that Justice
is dispensed, and that the rights of the subjects be decided, by
promulgated, standing and known laws, and authorized independent
Judges;" that is independent as far as possible of Prince or
People. "There shall be one rule of Justice for rich and poor; for
the favorite in Court, and the Countryman at the Plough."10
Thirdly, The supreme power cannot Justly take from any man, any
part of his property without his consent, in person or by his
Representative. -
These are some of the first principles of natural law & Justice,
and the great Barriers of all free states, and of the British
Constitution in particular. It is utterly irreconcileable to these
principles, and to many other fundamental maxims of the common
law, common sense and reason, that a British house of commons,
should have a right, at pleasure, to give and grant the property
of the Colonists. That these Colonists are well entitled to all
the essential rights, liberties and privileges of men and freemen,
born in Britain, is manifest, not only from the Colony charter, in
general, but acts of the British Parliament.
The statute of the 13th of George 2. c. 7. naturalizes even
foreigners after seven years residence. The words of the
Massachusetts Charter are these, "And further our will and
pleasure is, and we do hereby for us, our heirs and successors,
grant establish and ordain, that all and every of the subjects of
us, our heirs and successors, which shall go to and inhabit within
our said province or territory 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 and successors, to all intents
constructions & purposes whatsoever as if they and every of them
were born within this our Realm of England." Now what liberty can
there be, where property is taken away without consent? Can it be
said with any colour of truth and Justice, that this Continent of
three thousand miles in length, and of a breadth as yet
unexplored, in which however, its supposed, there are five
millions of people, has the least voice, vote or influence in the
decisions of the British Parliament? Have they, all together, any
more right or power to return a single number11 to that house of
commons, who have not inadvertently, but deliberately assumed a'
power to dispose of their lives,12 Liberties and properties, then13
to choose an Emperor of China! Had the Colonists a right to
return members to the british parliament, it would only be
hurtfull; as from their local situation and circumstances it is
impossible they should be ever truly and properly represented
there. The inhabitants of this country in all probability in a few
years will be more numerous, than those of Great Britain and
Ireland together; yet it is absurdly expected by the promoters of
the present measures, that these, with their posterity to all
generations, should be easy while their property, shall be
disposed of by a house of commons at three thousand miles distant
from them; and who cannot be supposed to have the least care or
concern for their real interest: Who have not only no natural care
for their interest, but must be in effect bribed against it; as
every burden they lay on the colonists is so much saved or gained
to themselves. Hitherto many of the Colonists have been free from
Quit Rents; but if the breath of a british house of commons can
originate an act for taking away all our money, our lands will go
next or be subject to rack rents from haughty and relentless
landlords who will ride at ease, while we are trodden in the dirt.
The Colonists have been branded with the odious names of traitors
and rebels, only for complaining of their grievances; How long
such treatment will, or ought to be born is submitted.
A List of Infringements & Violations of Rights
We cannot help thinking, that an enumeration of some of the most
open infringments of our rights, will by every candid Person be
Judged sufficient to Justify whatever measures have been already
taken, or may be thought proper to be taken, in order to obtain a
redress of the Grievances under which we labour.
Among many others we Humbly conceive, that the following will not
fail to excite the attention of all who consider themselves
interested in the happiness and freedom of mankind in general, and
of this continent and province in particular.
1st - The British Parliament have assumed the power of legislation
for the Colonists in all cases whatsoever, without obtaining the
consent of the Inhabitants, which is ever essentially necessary to
the right establishment of such a legislative -
2d - They have exerted that assumed power, in raising a Revenue in
the Colonies without their consent; thereby depriving them of that
right which every man has to keep his own earnings in his own
hands until he shall in person, or by his Representative, think
fit to part with the whole or any portion of it. This infringement
is the most extraordinary, when we consider the laudable care
which the British House of Commons have taken to reserve intirely
and absolutely to themselves the powers of giving and granting
moneys. They not only insist on originating every money bill in
their own house, but will not even allow the House of Lords to
make an amendment in these bills. So tenacious are they of this
privilege, so jealous of any infringement of the sole & absolute
right the people have to dispose of their own money. And what
renders this infringement the more grievous is, that what of our
earnings still remains in our own hands is in a great measure
deprived of its value, so long as the British Parliament continue
to claim and exercise this power of taxing us; for we cannot
Justly call that our property which others may, when they please
take away from us against our will. -
In this respect we are treated with less decency and regard than
the Romans shewed even to the Provinces which They had conquered.
They only determined upon the sum which each should furnish, and
left every Province to raise it in the manner most easy and
convenient to themselves -
3d - A number of new Officers, unknown in the Charter of this
Province, have been appointed to superintend this Revenue, whereas
by our Charter the Great & General Court or Assembly of this
Province has the sole right of appointing all civil officers,
excepting only such officers, the election and constitution of
whom is in said charter expressly excepted; among whom these
Officers are not included. -
4th - These Officers are by their Commission invested with powers
altogether unconstitutional, and entirely destructive to that
security which we have a right to enjoy; and to the last degree
dangerous, not only to our property; but to our lives: For the
Commissioners of his Majestys customs in America, or any three of
them, are by their Commission impowered," by writing under their
hands and seales to constitute and appoint inferior Officers in
all and singular the Port within the limits of their commissions"
Each of these. petty officers so made is intrusted with power more
absolute and arbitrary than ought to be lodged in the hands of any
man or body of men whatsoever; for in the commission
aforementioned, his Majesty gives & grants unto his said
Commissioners, or any three of them, and to all and every the
Collectors Deputy Collectors, Ministers, Servants, and all other
Officers serving and attending in all and every the Ports and
other places within the limits of their Commission, full power and
authority from time to time, at their and any of their wills and
pleasures, as well By Night as by day to enter and go on board any
Ship, Boat, or other Vessel, riding lying or being within, or
coming into any Port, Harbour, Creek or Haven, within the limits
of their commission; and also in the day time to go into any
house, shop, cellar, or any other place where any goods wares or
merchandizes lie concealed, or are suspected to lie concealed,
whereof the customs & other duties, have not been, or shall not
be, duly paid and truly satisfied, answered or paid unto the
Collectors, Deputy Collectors, Ministers, Servants, and other
Officers respectively, or otherwise agreed for; and the said
house, shop, warehouse, cellar, and other place to search and
survey, and all and every the boxes, trunks, chests and packs then
and there found to break open." -
Thus our houses and even our bed chambers, are exposed to be
ransacked, our boxes chests & trunks broke open ravaged and
plundered by wretches, whom no prudent man would venture to employ
even as menial servants; whenever they are pleased to say they
suspect there are in the house wares &c for which the dutys have
not been paid. Flagrant instances of the wanton exercise of this
power, have frequently happened in this and other sea port Towns.
By this we are cut off from that domestick security which renders
the lives of the most unhappy in some measure agreable. Those
Officers may under colour of law and the cloak of a general
warrant, break thro' the sacred rights of the Domicil, ransack
mens houses, destroy their securities, carry off their property,
and with little danger to themselves commit the most horred
murders. -