Thus we see, from your Excellency's history and publications, the

sense our ancestors had of the jurisdiction of Parliament, under the

first charter. Very different from that, which your Excellency in your

speech, apprehends it to have been.

It appears by Mr. Neal's History of New England, that the agents, who

had been employed by the colony to transact its affairs in England, at

the time when the present charter was granted, among other reasons,

gave the following for their acceptance of it, viz. "The General Court

has, with the King's approbation, as much power in New England, as the

King and Parliament have in England; they have all English privileges,

and can be touched by no law, and by no tax but of their own making."7

This is the earliest testimony that can be given of the sense our

predecessors had of the supreme authority of Parliament, under the

present charter. And it plainly shows, that they, who having been

freely conversant with those who framed the charter, must have well

understood the design and meaning of it, supposed that the terms in

our charter, "full power and authority," intended and were considered

as a sole and exclusive power, and that there was no "reserve in the

charter, to the authority of Parliament, to bind the colony" by any

acts whatever.

Soon after the arrival of the charter, viz, in 1692, your Excellency's

history informs us,8 "the first act" of this Legislative, was a sort

of Magna Charta, asserting and setting forth their general privileges,

and this clause was among the rest; "no aid, tax, tallage, assessment,

custom, loan, benevolence, or imposition whatever, shall be laid,

assessed, imposed, or levied on any of their Majesty's subjects, or

their estates, on any pretence whatever, but by the act and consent of

the Governor, Council, and Representatives of the people assembled in

General Court." And though this act was disallowed, it serves to show

the sense which the General Assembly, contemporary with the granting

the charter, had of their sole and exclusive right to legislate for

the colony. The history says, "the other parts of the act were copied

from Magna Charta;" by which, we may conclude that the Assembly then

construed the words, "not repugnant to the laws," to mean, conformable

to the fundamental principles of the English constitution. And it is

observable, that the Lords of Privy Council, so lately as in the reign

of Queen Anne, when several laws enacted by the General Assembly were

laid before her Majesty for her allowance, interpreted the words in

this charter, "not repugnant to the laws of England," by the words,

"as nearly as conveniently may be agreeable to the laws and statutes

of England." And her Majesty was pleased to disallow those acts, not

because they were repugnant to any law or statute of England, made

expressly to refer to the colony, but because divers persons, by

virtue thereof, were punished, without being tried by their peers in

the ordinary "courts of law," and "by the ordinary rules and known

methods of justice," contrary to the express terms of Magna Charta,

which was a statute in force at the time of granting the charter, and

declaratory of the rights and liberties of the subjects within the

realm.

You are pleased to say, that "our provincial or local laws have, in

numerous instances, had relation to acts of Parliament, made to

respect the plantations, and this colony in particular." The authority

of the Legislature, says the same author who is quoted by your

Excellency, "does not extend so far as the fundamentals of the

constitution. They ought to consider the fundamental laws as sacred,

if the nation has not in very express terms, given them the power to

change them. For the constitution of the state ought to be fixed;

and since that was first established by the nation, which afterwards

trusted certain persons with the Legislative power, the fundamental

laws are excepted from their commission." Now the fundamentals of the

constitution of this province, are stipulated in the charter; the

reasoning, therefore, in this case, holds equally good. Much less,

then, ought any acts or doings of the General Assembly, however

numerous, to neither of which your Excellency has pointed us,

which barely relate to acts of Parliament made to respect the

plantations in general, or this colony in particular, to be taken

as an acknowledgment of this people, or even of the Assembly,

which inadvertently passed those acts, that we are subject to the

supreme authority of Parliament; and with still less reason are

the decisions in the executive courts to determine this point. If

they have adopted that "as part of the rule of law," which, in

fact, is not, it must be imputed to inattention or error in

judgment, and cannot justly be urged as an alteration or

restriction of the Legislative authority of the province.

Before we leave this part of your Excellency's speech, we would

observe, that the great design of our ancestors in leaving the

kingdom of England, was to be freed from a subjection to its

spiritual laws and courts, and to worship God according to the

dictates of their consciences. Your Excellency, in your history

observes, that their design was "to obtain for themselves and

their posterity, the liberty of worshipping God in such manner as

appeared to them most agreeable to the sacred scriptures." And the

General Court themselves declared in 1651, that "seeing just cause

to fear the persecution of the then Bishop, and high commission

for not conforming to the ceremonies of those under their power,

they thought it their safest course, to get to this outside of the

world, out of their view and beyond their reach." But, if it had

been their sense, that they were still to be subject to the

supreme authority of Parliament, they must have known that their

design might, and probably would be frustrated; that the

Parliament, especially considering the temper of those times,

might make what ecclesiastical laws they pleased, expressly to

refer to them, and place them in the same circumstances with

respect to religious matters, to be relieved from which, was the

design of their removal; and we would add, that if your

Excellency's construction of the clause in our present charter is

just, another clause therein, which provides for liberty of

conscience for all christians, except papists, may be rendered

void by an act of Parliament made to refer to us, requiring a

conformity to the rights and mode of worship in the church of

England, or any other.

Thus we have endeavored to show the sense of the people of this

colony under both charters; and, if there have been in any late

instances a submission to acts of Parliament, it has been, in our

opinion, rather from inconsideration, or a reluctance at the idea

of contending with the parent state, than from a conviction or

acknowledgment of the Supreme Legislative authority of Parliament.

Your Excellency tells us, "you know of no line that can be drawn

between the supreme authority of Parliament and the total

independence of the colonies." If there be no such line, the

consequence is, either that the colonies are the vassals of the

Parliament, or that they are totally independent. As it cannot be

supposed to have been the intention of the parties in the compact,

that we should be reduced to a state of vassalage, the conclusion

is, that it was their sense that we were thus independent. "It is

impossible," your Excellency says, "that there should be two

independent Legislatures in one and the same state." May we not

then further conclude, that it was their sense, that the colonies

were, by their charters, made distinct states from the mother

country? Your Excellency adds, "for although there may be but one

head, the King, yet the two Legislative bodies will make two

governments as distinct as the kingdoms of England and Scotland,

before the union." Very true, may it please your Excellency; and

if they interfere not with each other, what hinders, but that

being united in one head and common Sovereign, they may live

happily in that connection, and mutually support and protect each

other? Notwithstanding all the terrors which your Excellency has

pictured to us as the effects of a total independence, there is

more reason to dread the consequences of absolute uncontroled

power, whether of a nation or a monarch, than those of a total

independence. It would be a misfortune "to know by experience, the

difference between the liberties of an English colonist and those

of the Spanish, French, and Dutch": and since the British

Parliament has passed an act, which is executed even with rigor,

though not voluntarily submitted to, for raising a revenue, and

appropriating the same, without the consent of the people who pay

it, and have claimed a power of making such laws as they please,

to order and govern us, your Excellency will excuse us in asking,

whether you do not think we already experience too much of such a

difference, and have not reason to fear we shall soon be reduced

to a worse situation than that of the colonies of France, Spain,

or Holland?

If your Excellency expects to have the line of distinction between

the supreme authority of Parliament, and the total independence of

the colonies drawn by us, we would say it would be an arduous

undertaking, and of very great importance to all the other

colonies; and therefore, could we conceive of such a line, we

should be unwilling to propose it, without their consent in

Congress.

To conclude, these are great and profound questions. It is the

grief of this House, that, by the ill policy of a late injudicious

administration, America has been driven into the contemplation of

them. And we cannot but express our concern, that your Excellency,

by your speech, has reduced us to the unhappy alternative, either

of appearing by our silence to acquiesce in your Excellency's

sentiments, or of thus freely discussing this point.

After all that we have said, we would be far from being understood

to have in the least abated that just sense of allegiance which we

owe to the King of Great Britain, our rightful Sovereign; and should

the people of this province be left to the free and full exercise of

all the liberties and immunities granted to them by charter, there

would be no danger of an independence on the Crown. Our charters

reserve great power to the Crown in its Representative, fully

sufficient to balance, analogous to the English constitution, all the

liberties and privileges granted to the people. All this your

Excellency knows full well; and whoever considers the power and

influence, in all their branches, reserved by our charter, to the

Crown, will be far from thinking that the Commons of this province are

too independent.

1 Adams was a member of the committee appointed by the House on

January 8 to prepare this answer, and also a member of the committee

appointed January 26 to present the answer to the Governor.

Concerning the authorship of the answer, see W. V. Wells, Life of

Samuel Adams. vol. ii., p. 31, and R. Frothingham, Life of Joseph

Warren, p. 223. For a claim adverse to the authorship of Samuel Adams,

see W. Tudor, Life of James Otis, p. 411, See also below, pages 430,

431.

2 Massachusetts State Papers, pp. 336-342.

3 T. Hutchinson, History of the Province of Massachusetts Bay, vol. i.

p. 322.

4 A Collection of Original Papers Relative to the History of the

Colony of Massachusetts Bay. Boston, 1769. Reprinted by the Prince

Society, 2 vols., Albany, 1865, under the title The Hutchinson Papers.

5 The Hutchinson Papers, vol, ii., pp. 210 et seq.

7 Daniel Neal, History of New England. London, 1720, vol. ii., p. 479.

8 T. Hutchinson, History of the Province of Massachusetts Bay, vol

ii., p. 64.

THE COMMITTEE OF CORRESPONDENCE OF BOSTON TO

THE COMMITTEE OF CORRESPONDENCE OF LYNN.1

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

BOSTON Febry 9 1773

SIRS

The Committee of Correspondence have now before them the Letter of

the Town of Lynn, & will, agreable to their desire, lay it before

this Town. We heartily joyn with you in wishing the glorious

spirit of Liberty which now animates the Inhabitants of this

Province shall be diffused through the Colonies, & happily Effect

the restoration of their Rights, which are cruelly ravishd from

them.

1 Addressed to Ebenezer Burrill, town clerk.

[1773] SAMUEL ADAMS. 427

To DARIUS SESSIONS.1

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

[February --, 1773.]

SIR

As I am informd the Commissioners are all now in Newport, and your

Assembly is to meet this day I am anxious to know precisely the

Steps that are or shall be taken by each. I hope your Governor

will not think it proper for him to act in the Commission if the

others should determine so to do. Will it not be construed as

conceding on his part to the Legality of it? Every Movement on the

Side of the Commissioners & the Assembly must be important. I trust no

Concessions will be made on your part which shall have the remotest

tendency to fix a precedent; for if it is once establishd, a thousand

Commissions of the like arbitrary kind may be introducd to the utter

ruin of your free Constitution. The promoters of ministerial measures

in this Town are pleasd to hear from one of the Commissioners that

they are treated with great respect: Even common Civility will be thus

colourd to serve the great purpose. Will it not be necessary at all

Events for the Assembly to enter a protest on their Journal against so

unconstitutional a proceeding. This is the Sentiment of a Gentleman

here whose Judgment I very much regard. Such has been the constant

practice of the Assembly of this province in like Cases, for some

years past. You will see by our Governors Speech what Use is made of

Mistakes of this Sort; they are even Improved as Arguments of our

having voluntarily consented to be the Vassals of the British

Parliament. Indeed the Doctrine he has advancd strikes at the root of

every civil Constitution in America. If it be admissible, you have no

just Cause to complain of the present Measure for it is founded upon

the Authority of that parliament, to the Jurisdiction of which

notwithstanding your Charter, you remain subject.

I shall receive a Letter from you by the return of the post if

your Attention to the publick Affairs will admit of it, as a great

favor. In the mean time I beg you to excuse this hasty Scrawl &

believe me to be &c

1 See above, page 389. note.

THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS

TO THE GOVERNOR. FEBRUARY 12, 1773.1

[Massachusetts State Papers, pp. 366, 367; printed also in the

Gentleman's Magazine, vol. xliii., Pp. 198, 199.]

May it please your Excellency,

Your message of the 4th instant,2 informs this House, that his

Majesty has been pleased to order that salaries shall be allowed

to the Justices of the Superior Court of this province.

We conceive that no Judge, who has a due regard to justice, or

even to his own character, would choose to be placed under such an

undue bias as they must be under, in the opinion of this House, by

accepting of, and becoming dependent for their salaries upon the

Crown.

Had not his Majesty been misinformed, with respect to the

constitution and appointment of our Judges, by those who advised

to this measure, we are persuaded, he would never have passed such

an order; as he was pleased to declare, upon his accession to the

throne, that "he looked upon the independence and uprightness of

the Judges, as essential to the impartial administration of

justice, as one of the best securities of the rights and liberties

of his subjects, and as most conducive to the honor of the Crown."

Your Excellency's precaution to prevent all claim from the

province for any services, for which the Justices may also be

entitled to a salary from the King, is comparatively, of very

small consideration with us.

When we consider the many attempts that have been made,

effectually to render null and void those clauses in our charter,

upon which the freedom of our constitution depends, we should be

lost to all public feeling, should we not manifest a just

resentment. We are more and more convinced, that it has been the

design of administration, totally to subvert the constitution, and

introduce an arbitrary government into this province; and we

cannot wonder that the apprehensions of this people are thoroughly

awakened.

We wait with impatience to know, and hope your Excellency will

very soon be able to assure us, that the Justices will utterly

refuse ever to accept of support, in a manner so justly obnoxious

to the disinterested and judicious part of the good people of this

province, being repugnant to the charter, and utterly inconsistent

with the safety of the rights, liberties and properties of the

people.

1 Stated to have been written by Adams, in W. V. Wells, Life of

Samuel Adams, vol. ii., p. 47, but with no authority given.

2 Massachusetts State Papers, pp. 365, 366.

TO JOHN ADAMS.1

[MS., Adams Papers, Quincy, Mass.; a facsimile is in Works of John

Adams, vol. ii., p. 310.]

MY DEAR SIR

If you have had Leisure to commit your Thoughts to writing

agreable to my request I shall be obligd if you will send them by

the Bearer. The Govr says the House have incautiously applied a rule

of the Common Law2 (see the 4th Coll. of his Speech). The Assertion is

mine, upon your Authority as I thought. If it be vindicable, pray give

me your Aid in that as briefly as you please. I am sorry to trouble

you at a time when I know you must be much engagd but to tell you a

Secret, if there be a Lawyer in the house in Major Hawleys Absence,

there is no one whom I incline to confide in.

Monday Evg

1 Presumably written on February 22 or March I, 1773. Cf. W. V.

Wells, Life of Samuel Adams, vol. ii., p. 41.

2 Speech of February 16, 1773. Massachusetts State Papers, p. 374.

See ibid., p. 387.

THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO

THE GOVERNOR. MARCH 2, 1773.1

[Massachusetts State Papers, pp. 384-396; printed also in the

Boston Gazette, March 8, 1773, and in The Speeches of His

Excellency Governor Hutchinson, pp. 90-113.]

May it please your Excellency,

In your speech, at the Opening of the present session2, your

Excellency expressed your displeasure, at some late proceedings of

the town of Boston, and other principal towns in the province. And,

in another speech3 to both Houses, we have your repeated exceptions

at the same proceedings, as being "unwarrantable," and of a dangerous

nature and tendency; "against which, you thought yourself bound to

call upon us to join with you in bearing a proper testimony." This

House have not discovered any principles advanced by the town of

Boston, that are unwarrantable by the constitution; nor does it appear

to us, that they have "invited every other town and district in the

province, to adopt their principles." We are fully convinced, that it

is our duty to bear our testimony against "innovations, of a dangerous

nature and tendency;" but, it is clearly our opinion, that it is the

indisputable right of all, or any of his Majesty's subjects, in

this province, regularly and orderly to meet together, to state

the grievances they labor under; and, to propose, and unite in

such constitutional measures, as they shall judge necessary or proper,

to obtain redress. This right has been frequently exercised by his

Majesty's subjects within the realm; and, we do not recollect an

instance, since the happy revolution, when the two Houses of

Parliament have been called upon to discountenance, or bear their

testimony against it, in a speech from the throne.

Your Excellency is pleased to take notice of some things, which we

"allege," in our answer to your first speech; and, the observation

you make, we must confess, is as natural, and undeniably true, as

any one that could have been made; that, "if our foundation shall

fail us in every part of it, the fabric we have raised upon it,

must certainly fall." You think this foundation will fail us; but,

we wish your Excellency had condescended to a consideration of

what we have "adduced in support of our principles." We might

then, perhaps, have had some things offered for our conviction,

more than bare affirmations; which, we must beg to be excused, if

we say, are far from being sufficient, though they came with your

Excellency's authority, for which, however, we have a due regard.

Your Excellency says, that, "as English subjects, and agreeable to

the doctrine of the feudal tenure, all our lands are held mediately,

or immediately, of the Crown." We trust, your Excellency does not mean

to introduce the feudal system in its perfection; which, to use the

words of one of our greatest historians, was "a state of perpetual

war, anarchy, and confusion, calculated solely for defence against the

assaults of any foreign power; but, in its provision for the interior

order and tranquillity of society, extremely defective. A

constitution, so contradictory to all the principles that govern

mankind, could never be brought about, but by foreign conquest or

native usurpation." And, a very celebrated writer calls it, "that most

iniquitous and absurd form of government, by which human nature

was so shamefully degraded." This system of iniquity, by a strange

kind of fatality, "though originally formed for an encampment, and

for military purposes only, spread over a great part of Europe;"

and, to serve the purposes of oppression and tyranny, "was adopted

by princes, and wrought into their civil constitutions;" and,

aided by the canon law, calculated by the Roman Pontiff, to exalt

himself above all that is called God, it prevailed to the almost

utter extinction of knowledge, virtue, religion, and liberty from

that part of the earth. But, from the time of the reformation, in

proportion as knowledge, which then darted its rays upon the

benighted world, increased, and spread among the people, they grew

impatient under this heavy yoke; and the most virtuous and

sensible among them, to whose steadfastness, we, in this distant

age and climate, are greatly indebted, were determined to get rid

of it; and, though they have in a great measure subdued its power

and influence in England, they have never yet totally eradicated

its principles.

Upon these principles, the King claimed an absolute right to, and

a perfect estate in, all the lands within his dominions; but, how

he came by this absolute right and perfect estate, is a mystery which

we have never seen unravelled, nor is it our business or design, at

present, to inquire. He granted parts or parcels of it to his

friends, the great men, and they granted lesser parcels to their

tenants. All, therefore, derived their right and held their lands,

upon these principles, mediately or immediately of the King; which

Mr. Blackstone, however, calls, "in reality, a mere fiction of our

English tenures."

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