Your Excellency seems chiefly to rely upon our ancestors, after

the revolution, "proclaiming King William and Queen Mary, in the

room of King James," and taking the oaths to them, "the alteration

of the form of oaths, from time to time," and finally, "the

establishment of the form, which every one of us has complied

with, as the charter, in express terms requires, and makes our

duty." We do not know that it has ever been a point in dispute,

whether the Kings of England were ipso facto Kings in, and over,

this colony, or province. The compact was made between King

Charles the I. his heirs and successors, and the Governor and

company, their heirs and successors. It is easy, upon this

principle, to account for the acknowledgment of, and submission to

King William and Queen Mary, as successors of Charles the I. in

the room of King James; besides, it is to be considered, that the

people in the colony, as well as in England, had suffered under

the tyrant James, by which, he had alike forfeited his right to

reign over both. There had been a revolution here, as well as in

England. The eyes of the people here, were upon William and Mary;

and the news of their being proclaimed in England, was, as your

Excellency's history tells us, "the most joyful news ever received

in New England."11 And, if they were not proclaimed here, "by

virtue of an act of the colony," it was, as we think may be

concluded from the tenor of your history, with the general or

universal consent of the people, as apparently, as if "such act

had passed." It is consent alone, that makes any human laws

binding; and as a learned author observes, a purely voluntary

submission to an act, because it is highly in our favor and for

our benefit, is in all equity and justice, to be deemed as not at

all proceeding from the right we include in the Legislators, that

they, thereby obtain an authority over us, and that ever

hereafter, we must obey them of duty. We would observe, that one

of the first acts of the General Assembly of this province, since

the present charter, was an act, requiring the taking the oaths

mentioned in an act of Parliament, to which you refer us. For what

purpose was this act of the Assembly passed, if it was the sense of

the Legislators that the act of Parliament was in force in the

province? And, at the same time, another act was made for the

establishment of other oaths necessary to be taken; both which acts

have the royal sanction, and are now in force. Your Excellency says,

that when the colony applied to King William for a second charter,

they knew the oath the King had taken, which was to govern them

according to the statutes in Parliament, and (which your Excellency

here omits,) the laws and customs of the same. By the laws and customs

of Parliament, the people of England freely debate and consent to

such statutes as are made by themselves, or their chosen

Representatives. This is a law, or custom, which all mankind may

justly challenge as their inherent right. According to this law,

the King has an undoubted right to govern us. Your Excellency,

upon recollection, surely will not infer from hence, that it was

the sense of our predecessors that there was to remain a supremacy

in the English Parliament, or a full power and authority to make

laws binding upon us, in all cases whatever, in that Parliament

where we cannot debate and deliberate upon the necessity or

expediency of any law, and, consequently, without our consent;

and, as it may probably happen, destructive of the first law of

society, the good of the whole. You tell us, that "after the

assumption of all the powers of government, by virtue of the new

charter, an act passed for the reviving, for a limited time, all

the local laws of the Massachusetts Bay and New Plymouth

respectively, not repugnant to the laws of England. And, at the

same session, an act passed establishing naval officers, that all

undue trading, contrary to an act of Parliament, may be

prevented." Among the acts that were then revived, we may

reasonably suppose, was that, whereby provision was made to give

force to this act of Parliament, in the province. The

establishment, therefore, of the naval officers, was to aid the

execution of an act of Parliament, for the observance of which,

within the colony, the Assembly had before made provision, after

free debates, with their own consent, and by their own act.

The act of Parliament, passed in 1741,12 for putting an end to

several unwarrantable schemes, mentioned by your Excellency, was

designed for the general good; and, if the validity of it was not

disputed, it cannot be urged as a concession of the supreme

authority, to make laws binding on us in all cases whatever. But,

if the design of it was for the general benefit of the province,

it was, in one respect, at least greatly complained of, by the

persons more immediately affected by it; and to remedy the

inconvenience, the Legislative of this province, passed an act,

directly militating with it; which is the strongest evidence, that

although they may have submitted, sub silentio, to some acts of

Parliament, that they conceived might operate for their benefit,

they did not conceive themselves bound by any of its acts, which,

they judged, would operate to the injury even of individuals.

Your Excellency has not thought proper, to attempt to confute the

reasoning of a learned writer on the laws of nature and nations,

quoted by us, on this occasion, to shew that the authority of the

Legislature does not extend so far as the fundamentals of the

constitution. We are unhappy in not having your remarks upon the

reasoning of that great man; and, until it is confuted, we shall

remain of the opinion, that the fundamentals of the constitution

being excepted from the commission of the Legislators, none of the

acts or doings of the General Assembly, however deliberate and

solemn, could avail to change them, if the people have not, in

very express terms, given them the power to do it; and, that much

less ought their acts and doings, however numerous, which barely

refer to acts of Parliament made expressly to relate to us, to be

taken as an acknowledgment, that we are subject to the supreme

authority of Parliament.

We shall sum up our own sentiments in the words of that learned

writer, Mr. Hooker, in his Ecclesiastical Policy, as quoted by Mr.

Locke. "The lawful power of making laws to command whole political

societies of men, belonging so properly to the same entire

societies, that for any prince or potentate of what kind soever,

to exercise the same of himself, and not from express commission,

immediately and personally received from God, is no better than

mere tyranny. Laws, therefore, they are not, which public

approbation hath not made so; for human laws, of what kind soever,

are available by consent." "Since men, naturally, have no full and

perfect power to command whole politic multitudes of men,

therefore, utterly without our consent, we could in such sort, be

at no man's commandment living. And to be commanded, we do not

consent, when that society. whereof we be a party, hath at any

time before consented." We think your Excellency has not proved,

either that the colony is a part of the politic society of

England, or that it has ever consented that the Parliament of

England or Great Britain, should make laws binding upon us, in all

cases, whether made expressly to refer to us or not.

We cannot help, before we conclude, expressing our great concern,

that your Excellency has thus repeatedly, in a manner, insisted

upon our free sentiments on matters of so delicate a nature and

weighty importance. The question appears to us, to be no other,

than, whether we are the subjects of absolute unlimited power, or

of a free government, formed on the principles of the English

constitution. If your Excellency's doctrine be true, the people of

this province hold their lands of the Crown and people of England;

and their lives, liberties, and properties, are at their disposal,

and that, even by compact and their own consent. They were subject

to the King as the head alterius populi of another people, in

whose Legislative they have no voice or interest. They are,

indeed, said to have a constitution and a Legislative of their

own; but your Excellency has explained it into a mere phantom;

limited, controled, superseded, and nullified, at the will of

another. Is this the constitution which so charmed our ancestors,

that, as your Excellency has informed us, they kept a day of

solemn thanksgiving to Almighty God when they received it? And

were they men of so little discernment, such children in

understanding, as to please themselves with the imagination, that

they were blessed with the same rights and liberties which natural

born subjects in England enjoyed, when, at the same time, they had

fully consented to be ruled and ordered by a Legislative, a

thousand leagues distant from them, which cannot be supposed to be

sufficiently acquainted with their circumstances, if concerned for

their interest, and in which, they cannot be in any sense

represented?

1 Hutchinson is the principal authority for the statement that

this document, as well as that of January 26, 1773, was prepared

by Adams. Cf., R. Frothingham, Life of Joseph Warren, p. 223. W.

V. Wells, Life of Samuel Adams, vol. ii., p. 45. An instance of

the later recognition of this claim is in Publications, Colonial

Society of Massachusetts, vol. vi., p. 170. And see also above,

pages 401, 430.

2 Massachusetts State Papers, p. 338.

3Ibid., pp. 368-381. February 16.

4 See above, page 430.

5 Rep. x. (16o8). Referred to as the leading case" on the subject

as recently as 1897. United States v. Wong Kim Ark, 169 United

States Reports, 649.

6 Jer. Dummer, A Defence of the New England Charters. London,

1721, p. 57

7 Ibid., pp. 58, 59.

8 Ibid., p. 59.

9 Jer. Dummer, A Defence of the New England Charters. London,

1721, pp. 59, 60. The quotation is abridged.

10 T. Hutchinson, History of the Province of Massachusetts Bay,

vol. i., p. 319.

11 T. Hutchinson, History of the Province of Massachusetts Bay,

vol. i., p. 387.

12 14 Geo. II., chap. 37.

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