This day I had the Honor of receiving a Letter signd by yourself and

other Gentlemen of Note in Providence. The Subject is weighty, &

requires more of my Attention than a few Hours, to give you my

digested Sentiments of it; neither have I yet had an Opportunity of

advising with the few among my Acquaintances, whom I would chuse to

consult upon a Matter, which in my Opinion may involve the Fate of

America. This, I intend soon to do; and shall then, I hope, be able

to communicate to you (before the Time you have set shall expire) such

Thoughts, as in your Judgment, may perhaps be wise and salutary on so

pressing an Occasion. Thus much however seems to me to be obvious at

first View; that the whole Act of Parliament so far as it relates to

the Colonies, & consequently the Commission which is founded upon it,

is against the first Principles of Government and the English

Constitution, Magna Charta & many other Acts of Parliament,

declaratory of the Rights of the Subject; & therefore the Guardians

of the Rights of the Subject will consider whether it be not their

Duty, so far from giving the least Countenance to the Execution of it,

to declare it, ipso Facto null & Void. This Commission seems to be

substituted in the Room of a Grand Jury, which is one of the greatest

Bulwarks of the Liberty of the Subject; instituted for the very

Purpose of preventing Mischeife being done by false Accusers. By the

Act of Parliament of the 25th of Ed. 3d (in the true Sense of the

Words the best of Kings) it is establishd, that none shall be taken by

Suggestion made to the King or his Council (which seems to me to be

the present Point) unless it be by Indictment or Presentment of good &

lawful People of the same Neighbourhood, where such Deeds be done -

And, "if any thing be done against the same it shall be redressd &

holden for none." But certain Persons proscribd in the Colony of Rhode

Island, are to be taken without such Indictment or Presentment, &

carried away from the Neighborhood where Deeds unlawful are suggested

to the King to have been committed, & there put to answer contrary to

that Law, which even so long ago was held to be the old Law of the

Land. - One Reason given in the Act for taking away that accursed

Court called the Star Chamber was, because all Matters examinable &

determinable before that Court might have their due Punishment and

Correction by the Common Law of the Land and in the ordinary Course of

Justice elsewhere. But here seems to be a stopping of the ordinary

Course of Justice; & by setting up a Court of Enquiry founded upon

a Suggestion of evil Deeds made to the King & of certain Persons

supposd to be concernd therein, Jurisdiction is given to others than

the constituted ordinary Courts of Justice, & in a Way other than the

ordinary Course of the Law, that is, an arbitrary Way to examine &

draw into Question Matters & things which, by the Act for regulating

the privy Council it is declared, that neither his Majesty nor his

privy Council have or ought to have any Jurisdiction Power or

Authority to do. In short, this Measure appears to me to be repugnant

to the first Principles of natural Justice. The interrested Servants

of the Crown, and some of them pensiond, perhaps byassd & corrupted

being the constituted Judges, whether this or that Subject shall be

put to answer for a supposd Offence against the Crown, & that in a

distant Country, to their great Detriment & Danger of Life & Fortune,

even if their Innocence shd be made to appear. What Man is safe from

the malicious Prosecution of such Persons, unless it be the cringing

Sycophant, and even he holds his Life and Property at their Mercy. It

should awaken the American Colonies, which have been too long dozing

upon the Brink of Ruin. It should again unite them in one Band. Had

that Union which once happily subsisted been preservd, the

Conspirators against our Common Rights would never have venturd such

bold Attempts. It has ever been my Opinion, that an Attack upon the

Liberties of one Colony is an Attack upon the Liberties of

all; and therefore in this Instance all should be ready to yield

Assistance to Rhode Island. But an Answer to the most material Part of

your Letter must be referd, for the Reasons I have given, to another

Opportunity. In the mean time I am with due Regards to the Gentlemen

who have honord me with their Letter

Your assured Friend & very hbl Servt

1 Of Providence, R. I. Under date of December 25, 1772, Deputy

Governor Sessions, Chief Justice Stephen Hopkins, John Cole, and Moses

Brown had written to Adams with reference to the Gaspee affair and to

Lord Dartmouth's letter to the Governor of Rhode Island of September

4, 1772. A copy is in S. A. Wells, Samuel Adams and the American

Revolution, vol. i., pp. 363-365. A copy of a letter, under date of

February 15, 1773, from Sessions, Hopkins, Cole, and Brown to Adams,

acknowledging the receipt of three letters from Adams in response to

their letter of December 25, 1772, is in ibid., pp. 370, 371. In this

letter to Adams his correspondents comment as follows: "At or about

the time we wrote you, we transmitted copies of the same to several

gentlemen in North America, from the most of whom we have received

answers, agreeing nearly in sentiments, with those you were pleased to

communicate to us though no one has entered into a disquisition of the

subject so fully and satisfactorily as you have." The original letter

is also in the Lenox Library.

THE COMMITTEE OF CORRESPONDENCE OF BOSTON TO

THE COMMITTEE OF CORRESPONDENCE OF CAMBRIDGE.1

[MS., Committee of Correspondence Papers, Lenox Library.]

BOSTON Decr 29 1772

GENTLEMEN

Your cordial Approbation2 of our sincere Endeavors for the Common

Safety, affords us great Encouragement to persevere with Alacrity in

the Execution of our Trust. Our hands have been abundantly strengthend

by the generous and manly Resolves of our worthy Brethren in the

several Towns who have hitherto acted.

Should such Sentiments, which we are convincd generally prevail

through the province, be as generally expressd, it must refute the

insidious misrepresentation so industriously propagated on both sides

of the Atlantick, that the people have not Virtue enough to resist the

Efforts made to enslave them! It affords us the greatest Satisfaction

to find the Opportunity offerd to our Fellow Countrymen to wipe off so

ignominious a Reproach so readily embraced. We trust in God, & in the

Smiles of Heaven on the Justice of our Cause, that a Day is hastening,

when the Efforts of the Colonists will be crownd with Success; and the

present Generation furnish an Example of publick Virtue, worthy the

Imitation of all Posterity. In this we are greatly encouraged, from

the thorough Understanding of our civil & Religious Rights Liberties &

Privileges, throughout this province: The Importance of which is so

obvious, that we are satisfied, nothing we can offer, would strengthen

your Sense of it.

It gives us Pleasure to be assured from you, that the meetings of the

Town of Cambridge on the Occasion have been so respectable; as, in our

Opinion, it is an Evidence of their virtuous Attachment to the Cause

of Liberty.

It shall be our constant Endeavor to collect and communicate to our

esteemed fellow Countrymen every Interresting Information we can

procure; in pursuance thereof we take the Liberty to inclose, a

material Extract of a Letter from the Right Honorable the Earl of

Dartmouth to his Honor the Governor of Rhode Island, Dated White Hall,

Sept. 7 1772; which we have good reason to assure you is genuine.3

1 Addressed to "Capt Ebenezer Stedman & others, a Committee of

Correspondence in

Cambridge."

2 Boston Gazette, December 28, 1772.

3 The form of signature is "Signd by order of the Committee for

Correspondence in Boston William Cooper, Clerk."

THE COMMITTEE OF CORRESPONDENCE OF BOSTON TO

THE COMMITTEE OF CORRESPONDENCE OF PLYMOUTH.1

[MS., Committee of Correspondence Papers, Lenox Library.]

BOSTON Decr 29 1772

MUCH RESPECTE'D GENTLEMEN

We the Committee of Correspondence for the Town of Boston, have

receivd your kind Letters inclosing the noble & patriotick Resolves of

the Metropolis of the ancient Colony of Plymouth.

It must give singular Pleasure to the friends of this Country to find

in all times of Difficulty & Danger, the worthy Inhabitants of

Plymouth, [are] ready to assert the natural religious & civil Rights

of the Colonists in general & of this by a new Charter united province

in particular.

Your thorough knowledge of those Rights the Sense you have of the many

late Infractions thereof, the manly & becoming Spirit with which you

have always expressd your selves on such Occasions, must best appear

without any Comment, from your Resolves for a number of years past;

more especially your last which are before the publick Eye.

We heartily congratulate you on the return of that great Anniversary,

the landing of the first Settlers at Plymouth, & on the religious &

respectful Manner, in which it has been celebrated.

You may say without Vanity, and surely we may affirm without any such

Imputation, that a handful of persecuted brave people, then made way

for the extensive Settlement of New England: That had it not been for

their Efforts, Virginia would have soon been abandoned: That the

French who were then settled at Quebec; & the Dutch interloping in

Hudsons River with the Assistance they might have derived from the

Natives, and the Aid at all times ready to be afforded, by the Crown

of Spain, then in possession of South America, against the Crown of

England, would have availd themselves of all the Continent of North

America. And that at this very period Great Britain might have thought

herself well off, with such trifling Islands as are now in the

possession of the Dane. In pursuance of our Instruction from this Town

to communicate any new Infractions of our Rights & Liberties we

inclose an Extract of a Letter from Lord Dartmouth to the Governor of

Rhode Island & shall take the earliest Opportunity to advise you of

every thing Important that may occur to us.

1 Addressed to "Joseph Warren Esq & others a Committee of Correspondence for the

Town of Plymouth."

TO DARIUS SESSIONS.

[MS., Samuel Adams Papers, Lenox Library.]

BOSTON Jan 2 1773.

SIR,

I wrote you on Monday last acknowledging the Receipt of a Letter

directed to me from your self & other worthy Gentlemen in Providence.

The Question proposed was in what manner your Colony had best behave

in this critical Situation & how the Shock that is coming upon it may

be best evaded or sustaind. It appears to me probable that the

Administration has a design to get your Charter vacated. The

Execution of so extraordinary a Commission, unknown in your Charter &

abhorrent to the principles of every free Government, wherein Persons

are appointed to enquire into Offences committed against a Law of

another Legislature, with the Power of transporting the persons they

shall suspect beyond the Seas to be tryed, would essentially change

your Constitution; and a Silence under such a Change would be

construed a Submission to it. At the same time it must be considerd

that an open declaration of the Assembly against the Appointment &

order of the King, in which he is supported by an Act of the British

Parliament, would be construed by the Law Servants of the Crown &

other ministers such a Defiance of the Royal Authority, as they would

advise proper to be recommended to the Consideration & Decision of

Parliament. Should your Governor refuse to call the Commissioners

together, or when called together, the civil magistrates

refuse to take measures for arresting & committing to Custody such

persons as upon Information made shall be chargd with being concernd

in burning the Gaspee, or if they should issue their precepts for that

purpose the Officers should refuse to execute them, the Event would be

perhaps the same as in the Case of an open Declaration before

mentiond, for in all these Cases it would be represented to the King &

the parliament that it was to be attributed to what they will call

the overbearing popularity of your Government, & the same pretence

would be urgd for the Necessity of an Alteration in order to support

the Kings Authority in the Colony. As the chiefe Object in the View of

Administration seems to be the vacating your Charter, I cannot think

the Commissioners in case they should meet together, would upon any of

the aforementiond Occasions, chuse to call upon General Gage for the

Aid of the Troops or make any more than the Shew of a Readiness to

execute their Commission; for they might think the grand purpose

would be sufficiently answerd without their Discussing such danger to

their Reputation, if not their persons. If the foregoing Hypotheses

are well grounded, I think it may be justly concluded that since the

Constitution is already destined to suffer unavoidable Dissolution, an

open & manly Determination of the Assembly not to consent to its ruin

would show to the World & posterity that the people were virtuous

though unfortunate, & sustaind the Shock with Dignity.

You will allow me to observe, that this is a Matter in which the whole

American Continent is deeply concernd and a Submission of the Colony

of Rhode Island to this enormous Claim of power would be made a

Precedent for all the rest; they ought indeed to consider deeply their

Interest in the Struggle of a single Colony & their Duty to afford her

all practicable Aid. This last is a Consideration which I shall not

fail to mention to my particular friends when our Assembly shall sit

the next Week.

Should it be the determination of a weak Administration to push this

Measure to the utmost at all Events, and the Commissioners call in the

Aid of troops for that purpose it would be impossible for me to say

what might be the Consequence, Perhaps a most violent political

Earthquake through the whole British Empire if not its total

Destruction.

I have long feard that this unhappy Contest between Britain & America

will end in Rivers of Blood; Should that be the Case, America I think

may wash her hands in Innocence; yet it is the highest prudence to

prevent if possible so dreadful a Calamity. Some such provocation as

is now offerd to Rhode Island will in all probability be the immediate

Occasion of it. Let us therefore consider whether in the present Case

the Shock that is coming upon you may not be evaded which is

a distinct part of the Question proposed. For this purpose, if your

Governor should omit to call the Commissioners together, in

Consequence of a representation made to him by the Assembly, that the

Innovation appears to them of a most dangerous Tendency; and

altogether needless, inasmuch as the same Enquiry might be made as

effectually (and doubtless would be) by a Grand Jury, as is proposed

to be made by the Commissioners; which would be agreable to the

Constitution & in the ordinary Course of Justice. A representation of

this kind made by the Assembly to the Governor, would afford him a

reasonable plea for suspending the Matter till he could fully state

the Matter to Lord Dartmouth & the odious light in which the

Commission is viewd by that & the other Colonies as a measure

incompatible with the English Constitution & the Rights of the

Colonists together with the fatal Consequences of which it might

probably be productive. This perhaps could not be done till the rising

of Parliament, & before the next Session a war or some other important

Event might take place which would bury this Affair in Oblivion. Or if

it should ever come before Parliament in this Manner, the Delay on the

part of the Governor would appear to be made upon motives of sound

prudence & the best Advice which would tend to soften their Spirits.

And besides, its appearing to be founded not directly on the

principles of Opposition to the Authority of Parliament, the sacred

Importance of Charters upon which many of the Members hold their

Seats, might be considerd without prejudice, & the Matter might

subside even in Parliament. Should that be the Case it would

disappoint the designs & naturally abate the Rigour of Administration

& so the Shock might be evaded.

If, without being called together by Governor Wanton who is first

named, the rest of the Commissioners should meet upon the Business of

their Commission, which I cannot suppose they will do, especially if

the Governor should acquaint them with the Reason of his not calling

them, it would show a forward Zeal to execute an order new arbitrary &

universally odious, & how far that might justly insence the people

against them personally, & lessen them in the Esteem of all

judicious Men, they would do well calmly to consider; and how far also

they would be answerable for the fatal Effects that might follow such

a forwardnesss all the world and Posterity will judge: For such an

Event as this will assuredly go down to future Ages in the page of

History, & the Colony & all concernd in it will be characterizd by the

part they shall act in the Tragedy. Upon the whole it is my humble

Opinion, that the grand Purpose of Administration is either to

intimidate the Colony into a Compliance with a Measure destructive of

the freedom of their Constitution, or to provoke them to such a Step

as shall give a pretext for the Vacation of their Charter which I

should think must sound like Thunder in the Ears of Connecticutt

especially. Whatever Measures the Wisdom of your Assembly may fix upon

to evade the impending Stroke, I hope nothing will be done which may

by the Invention of our Adversarys, be construed as even the

Appearance of an Acquiescence in so grasping an Act of Tyranny.

Thus I have freely given my Sentiments upon the Question proposed;

which I should not have venturd to do had it not been requested. I

have done it with the greatest Diffidence because I think I am fully

sensible of my Inability to enter into a Question of so delicate a

Nature & great Importance especially as I have not had that

opportunity to consult my friends which I promisd my self. I hope

the Assembly of Rhode Island will in their Conduct exhibit an Example

of true Wisdom Fortitude & Perseverance. And with the greatest Respect

to the Gentlemen to whose superior Understanding this and my former

Letter to you is submitted, I

remain

Sir

Your assured friend

& humble servant

P.S. I beg just to propose for Consideration whether a circular Letr

from your Assembly on this Occasion, to those of the other Colonies

might not tend to the Advantage of the General Cause & of R Island in

particular; I should think it would induce each of them, at least to

injoyn their Agents in Great Britain to represent the Severity of your

Case in the strongest terms.

To the Hon Darius Sessions Esqr

to be communicated

THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO

THE GOVERNOR. JANUARY 26, I773.1

[Massachusetts State Papers, pp. 351-364; also printed in the Boston

Gazette, February 1, 1773, and in The Speeches of His Excellency

Governor Hutchinson (Boston, 1773), pp. 33-58.]

May it please your Excellency,

Your Excellency's speech to the General Assembly, at the opening of

this session,2 has been read with great attention in this House.

We fully agree with your Excellency, that our own happiness, as well

as his Majesty's service, very much depends upon peace and order; and

we shall at all times take such measures as are consistent with our

constitution, and the rights of the people, to promote and maintain

them. That the government at present is in a very disturbed state, is

apparent. But we cannot ascribe it to the people's having adopted

unconstitutional principles, which seems to be the cause assigned for

it by your Excellency. It appears to us, to have been occasioned

rather by the British House of Commons assuming and exercising a power

inconsistent with the freedom of the constitution, to give and grant

the property of the colonists, and appropriate the same without their

consent.

It is needless for us to inquire what were the principles that induced

the councils of the nation to so new and unprecedented a measure. But,

when the Parliament, by an act of their own, expressly declared, that

the King, Lords, and Commons, of the nation "have, and of right ought

to have full power and authority to make laws and statutes of

sufficient force and validity, to bind the colonies and people of

America, subjects of the Crown of Great Britain, in all cases

whatever," and in consequence hereof, another revenue act was made,

the minds of the people were filled with anxiety, and they were justly

alarmed with apprehensions of the total extinction of their liberties.

The result of the free inquiries of many persons, into the right of

the Parliament, to exercise such a power over the colonies, seems, in

your Excellency's opinion, to be the cause, of what you are pleased to

call the present "disturbed state of the government;" upon which, you

"may not any longer, consistent with your duty to the King, and your

regard to the interest of the province, delay communicating your

sentiments." But that the principles adopted in consequence hereof,

are unconstitutional, is a subject of inquiry. We know of no such

disorders arising therefrom, as are mentioned by your Excellency. If

Grand Jurors have not, on their oaths, found such offences, as

your Excellency, with the advice of his Majesty's Council, have

ordered to be prosecuted, it is to be presumed, they have followed the

dictates of good conscience. They are the constitutional judges of

these matters, and it is not to be supposed, that moved from corrupt

principles, they have suffered offenders to escape a prosecution, and

thus supported and encouraged them to go on offending. If any part of

authority shall, in an unconstitutional manner, interpose in any

matter, it will be no wonder if it be brought into contempt; to

the lessening or confounding of that subordination, which is necessary

to a well regulated state. Your Excellency's representation that the

bands of government are weakened, we humbly conceive to be without

good grounds; though we must own, the heavy burdens unconstitutionally

brought upon the people, have been, and still are universally, and

very justly complained of, as a grievance.

You are pleased to say, that, "when our predecessors first took

possession of this plantation, or colony, under a grant and charter

from the Crown of England, it was their sense, and it was the sense of

the kingdom, that they were to remain subject to the supreme authority

of Parliament;" whereby we understand your Excellency to mean, in the

sense of the declaratory act of Parliament afore mentioned, in all

cases whatever. And, indeed, it is difficult, if possible, to draw a

line of distinction between the universal authority of Parliament over

the colonies, and no authority at all. It is, therefore, necessary for

us to inquire how it appears, for your Excellency has not shown it to

us, that when, or at the time that our predecessors took possession of

this plantation, or colony, under a grant and charter from the Crown

of England, it was their sense, and the sense of the kingdom, that

they were to remain subject to the authority of Parliament. In making

this inquiry, we shall, according to your Excellency's recommendation,

treat the subject with calmness and candor, and also with a due regard

to truth.

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