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T O T H E
DEgL^ARAtlbN
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OF THE
* AMERICAN CONGRJESS.
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• '.•^ VI
AMERICAN CONGRESS.
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Jlpopolv, mtlfe veltt grida
Viva la/ua m«rtt, mtuia la/ua vita.
If urn banc refVfret fftatiam ? Num vitm ertpiura/tt illi, qum
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LONDON:
tl'rinted for T. Caoell in the^trand j J. Walter, Charing.
^ _ jxx&\ and T. SfWEtLruear the Royal Exchange,
MDCCLXXVL
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INTRODUCTION.
n '
..*'•
\ 'i-
ILL would it become the dignity of an infulted Sove-
reign to defcend to altercation with revolted fub-
je^s. — This would be to recognife that equality and
independence, to which fubjedls, perflfting in revolt,
cannot fail to pretend. — 111 would it become the policy
of an enlightened Sovereign to appeal to other ftates
on matters relatinc; to his own internal government.
—This would be to recognife the right of other ftates
to interfere in matters, from which all foreign inter-
position (hould for ever be precluded.
To thefe conflderations it is, we muft attribute the
negle£l with which the Declaration of the American
Congrefs has been treated by the Government of Great
Britain. £afy as it were, and fit as it may be, to
refute the calumnies contained in that audacious paper,
it could not be expe«£led that his Majefty or his
Minifters (hould condefcend to give it any anfwer.
But that anfwer, which neither a fenfe of dignity,
fior principles of policy, will allow the Sovereign to
give, may yet be furnilhed by the zeal of any well-
afFefled fubjeft.
For, after all, what are the Members of this mighty
Congrefs? With whatever titles they may dignify
A Sorereiga
cannot enter
into alter-
cation with
revolted fiib-
rfcJ-
A3
their
Hence tbe
negled
Aewn hy
Government
to the De-
claration of
the Con-
grefi.
it may bt
anfwered by
an indivi-
dual.
The Mem-
bers of the
Coagrefi an
i V
if.
■f*'
but fiiTpIe
individual!.
Were they
more, ftill
a fimple in-
migh' an*
fwer (hein>
INTRODUCTION;
their fclves, in refpe^t to us at lead, they are but
fitnple individuals.
Were they moi-e,yet, in this country, themeafures
even of Government are open to the examination of
every fubjerfWli
> And furely thti Declaration of tUe JfriericaH Cbri-
grefs is an infult offered to every one v/ho bears the
name 6{ Briton, For in confidering the piefentcon-
ieft between Great Britain and America, it is a truth
^bich deferves our peculiar attention, and which
therefore cannot be too often repeated, nor too ftrong-
ly inculcated, that the difpute is not, nor ever has it
heenj between his Majtfty and the tohoUy or any part^
bf his fubje^ls. The difputfe is clearly between one part
of his fubjelts and another. The blow given by the
Congrefs appears indeed to be levelled at his Majejiy }
but the wound was intended for us.
For let us feparate in idea, fo far as they can be The King
ieparated, the interefts of the King from thofe of his \*^,^^'!^:
fubje£ls: And let usj for the fake of argument, fuppofe ""ft ««
— what Itruft we ihall hereafter moft fully difprove,—
that the prefent conteft took its rile from a claim fet up
by Parliament to the exerci(e of uncpnftitutional,
unprecedented power over the Colonies : What in this
cafe had his Majefty to gain by fupporting the claitii
The Deda.
ration of the
Congrr fs ra.
ther levelled
againft the
Brl'ift) fub'
jiEis tliin
againl^ hit
Maiefty :^
as the ctSr*
puti* is not
Detwcen ktm
and his Tuba
je£ts, but
between his
Briti/h and
American
fubjefti.
{
ii
feagernefs^ and circulated with unremitting laboilr. Private confidence
tvas violated } even tbift was committed to get at letters and documents^
tvhich, obtained in fu bafe a manner, were firft garbled, and in that
tndtilated flat6, fent forth into the world as damning proofi of dark
tfefigns, which never had been formedt But not a fyllablc would they
ftlfter tu be made public that could tend to the exculpation of the object
«f their fury. Thefe were not to be endured if they attempted to juftify,
fcarceljr even if thejr attempted only to deny, the charges. Two roesk
there were and but two f, who dared to exercile, or fo much ai to avow
the intention of exercifing their employment with any degree of impar-
tiality; What was their fate ? The one f«w his houfe broken open, hit
^prn rei%ed, his implements deftroyed, or carried off} both were driven
•ut of the country by a£tual violence, and the dread a/ thrMtened aUaf-
fi&ationt
f Rivingtoo> and Mien« i
A 4 tf
%
He could
not have in
view an ac-
ceflion of
now power ;
nor an ae-
quilition of
new re>
venues.
INTRODUCTION.
of Parliament ? How would he have advanced any
feparatt intacft by it. Was it by an acceffion of new
power ? Was it by an acquifition of new revenues ?
By one or other of thefe, if by any way, muft he ad-
vance his own feparate interefts.
There are but two ways in which the King could
acquire new power. Either he muft aflume to his
k\f the cxercife of thofe powers, which are now exer-
cifed by the other conftituent branches of the fovereign-
ty; or he muft take ofF the reftraints, under which
he exercifes the powers he already has. Far, I am
Aire, is it beyond the ken of my difcernment, to dif-
cover how, by increaflng the power of Parliament,—
and by this fuppoHtion the power of Parliament was
to be increafed — his M^efty was to be enabled, or
fhould have expected that he would be enabled, to feize
into his own hands the powers which were exercifed,
or take ofF the reftraints impofed, by that very Parlia-
ment. ... ,
Was it an acquifition of new revenues, which his
Majefty could propofe to his felf by the fuccefs of this
conteft? Surely not. Whether his Britifli fubjedls
continued to bear — as hitherto they had borne — al-
moft the whole of the common burdens of the ftate : Or
whether his American fubje6ls contributed a part, —
and a fmall part only was expefted— of their propor-
tion, would have made no alteration in the ftate of his
revenues. Were the Americans to pay what was de-
manded — fuppofing always the Parliament alone to
aflefs the proportion to be paid by the Britiih and A-
mcrican fubjefts — he would not receive more : — Were
they not to pay, he would not receive ///}.
u
'i I
INTRODUCTION.
In the event therefore of this conteft— let us again
repeat it - not the feparate intirejis of his Majejiy^ but
thofe of his Britijh fubjt^s art involved. If the iVmcri-
cans infult him by groundlefs complaints of his govern-
ment, it is becaufe he ajferted our rights: — if they
have dared to renounce all allegiance to his Crovn, it
is becaufe he determined not to give up our rights ^,
The general charge brought againft his Majefty,
in this audacious paper, is, that " the hijlory of his
*' reign is a hifhry of repeated injuries and ufurpations ;
** all having in dire£l objeSi the efiablijhment of an ab-
** ftlute tyranny over" — what they call — " thefejlates"
—what we fhoulJ call — his Majefty's fubjedts in
America. , ' ^
In fupport of this atrocious charge certain maxims
are advanced ; a theory of Government is eftablifhed ;
and what the Authors of the Declaration call Fa£is^
are fubmitted, as they tell us, to " the candid world"
These maxims, this theory, and thefe fa£ts we
are now about to examine. We (hall begin by the
faSis. Ana to ftate them more clearly, the feveral
charges are numbered j and divided into fo many
feparate Articles. They are given in the order in
which they ftand in the Declaration ; and each
conAdered apart. But as there is a ftudied confuAon
Hi»Ma]efly
infuitcd for
.nporting
of>ort the Parliament in what be calls
** theirs.^* " It is by this «m*/fr*/iafl"— adds the Author, and the
Declarition adopts the phrafe,— ■* that the good feoflt of America are
** iritvtnjiy QppreJJed*' [Intr04ud^ioa.J , .. .,
' 9 in
■M%
nm
mA
h
ihrtRODi/GtidN*
' . in tliat arrangement, it was thought right to fubjolii
a fliort, but general, Review of the whole ; in which
the maxims and the theory are examined j and the
grievances alleged are clafTed under their refpe£tiv^
heads. And under certain heads the Congrefs would
no doubt have clafTed them ; if confcious of the futility
of the charges, they had not fled to the mean refourcs
of endeavouring to fupply by numbers, what they
wanted in weight j to confufe where they could not
hope to convince.
The Crtii- MucH merit feems io have beeri afTumed 'by the
puled to the Authors of the Declaration on account of the ** /{/-
^f BHtil " tention','' which they profefs to have fliewn to us^
nation. whom for this lad time, as they inform us, they ftyle
— ." their Britijh brethren ;" — of the ** warnings" they
have given us:— of *' thftir appeals to our native
<< juftice and magnanimity." And to do them juftice^
feme art there was in the ftdps by which they endea-
voured to maice us their dupes j the blind injlruments of
procuring them that independence, at which they fo long
have aimed. — Their jirji attacks were cautious ; the
Minijlry only were to blame : To rail at Minifters, is
, always popular. The King was deceived | the Parlia-
ment mifled ; the nation deluded.— In a little time
they faw that Parliamen]t was neither to be frightened,
nor argued into a refignationof its jufl: authority ; zni
then Parliament came in for its (hare of culpability^
It encroached on the rights of the American AiTemblies.
For they too, all at once, were become Parliaments i
Still the King was their common Father ; the nation,
their brethren. — Yet a little while and they faw^ that
the King was not to be perfuaded to liften to the de-
•eitful voice of faiSion, in preference to the fobeie'
V advietf
INTRODUCtlOW. n
advicci of the great, ccmftitutional Council o^ the
nation ; and then the King ceafed to be their father :
Still the nation were their brethren, their friends : So
late even as the prefent year, when war was declared
againft the bulk of the nation, there remained yet
many of them friends ; entitled to " applaufe and gra-^
*' titude for their patriotifm and benevolence ^.^^-^kt
laft they perceived that thofe friends could not ferve
the turn expeded of them ; could no more mif^uide
the nation, than deceive the King and Parliament :
And now King, and Parliament, and nation, and
patriots, and friends, are all involved in one common
accufation; all pointed out as objeds of one common
odium. Still however they regret, and feelingly
no doubt, that neither warnings, ** nor appeals,'*^
nor •* conjurations" have excited us to ** difavow'*
what they ftigmatife as '* unwarrantable jurifdic
*« tion-f*^ Ails of " ufurpation"— to liften to whA
they caU ** the voice ofjujiice and confanguinity." That
is, in other words, they regret moft heartily, that
neither they, nor their emiifaries, have been able to
prevail with us to join in their rebellion. Their hopes
peradventure had been fanguine ; their difappointment
therefore may b& fevere. They appealed to the
paffions : But they had forgotten, it ihould feem, that
there is another appeal, to which, fooner or later,
Britons do not fail to liften — Jn appeal to goodfenfe.
To the good fenfe of my countrvmen I venture to TheAnfwei
appeal. To that good fenfe with confidence do I " *" 'PP**'
. , to the good
fubmit the following Anfwer to the Declaration, fenfe ot the
Honeft, I am fure, it is ; I fuft, not inadequate. °*"""'
Were the charges of " unwarrantable jurifdiftion,"
of " tyranny," of " ufurpation," fo boldly urged a-
* Stc U>«ir Dccluation of April ift, 1776.
I gainft
^i
I
t
n
INTRODUCTION.
£ainft our rulers, fupported by proof, I fhould m^\Vf
allow it to be the duty of every man to unite in pro-
curing redrtfs to injured fuhjeiis : But if it appear-*
and I truft it will appear^ that the charges are un-
fupported, even by the ihadow of a proof, let it in
return, be allowed to be the duty of every man t«
unite in reducing rebellious fubjeSis to a due obedience to
law. . _., . .v. ■'.,,. : ,., . ,.,. __ ,
Happy (hould I be, could I fuggefi: new motives
to my fellow-fubjetSls of Great Britain, for fubmitting
with cheerfulnefs to the burdens which muft be bor^ie,
for concurring with zeal in the meafures which muft
be adopted, to eSeduate this important obje£l.
Happy fhould I be, could I contribute to efface,
any flain, which the falfe accufations of the rebellious
Congrefs, may have thrown on the character of a
Prince, fojuflly entitled to the love of his fubje£b»
and the efleem of foreign nations.
Happy fhould I be, were it poflible to induce this
deluded people to liften to the voice of reafon; to
abandon a fet of men who are making t\\^m Jlilti to their
own private ambition ; to return to their former con-
fidence in the King and his Parliament, and like the
Romans, when they threw off the yoke of the Decem-
virs: — " Inde libertatis captare auram, unde fervitutem
*' timendo Rempublicam in eumjiatum perduxere"
t ).
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ANSWER
■'.,u re
•>: t ■ ■■ < .r'-i.t
'«;;
A N S W E R
. T O T H E
^ DECLARATION
;"•■•:■-'.■■' :^?■■' o f t he ■ '■'• ,.y •■'.,,.
AMERICAN CONGRESS.
ARTICLE L
HE has refufed his affent to laws, the
moft wholefome and neceilary for
the public good. ' ♦'
ANSWER.
^od Jedit principium ttiveniens f — From the very ib give '
OUtfet we may judge of the candor of the Consrefs. — i?*** •" .*•
_ . , ^ Colonial
Let any man, unacquainted with the conftitution of lawtin;«.
America, but afk his felf. what conclufion he would £;rfthe
draw from the perufal of this article ? Would he not *^'"» ""**
naturally conclude fuch to be the conftitution of '''
America, that the King was of neceifity a party \t^
every Ad of ColoAial JLegiflationi that ao Jaw could
take
'1
. "-.;,' i- •
ARTICLE
' .'■ V ,^ I.
1
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I '11
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( 14 )
ARTICLE
I.
The King
retaini the
power of
dtj'alhwing
their Jawii
1 {
\\
Power exer-
cifed by all
the King's
predeceilbrSf
take tffe£ft hftve any operatUn^ till the royal ai!ent wis
obtained ? So far is this from being the cafe, that in
every Colony, there is a complete Colonial Legiilature
on the fpot. In the Royal Governinents, this Legiila-
ture confifls of his Majefty's Governor, the Council,
and Houfe of Aflembly, or Reprefentatives. By hit
commifHon under the Great Seal, the Governor is au-
thorifed to give the Royal Aflent to Bills prefented to
him by the Council and Aflembly* From the moment
of their receiving that aflent, thefe Bills become lawsy
have all the force and effe£t of laws. In this refpe^
the Colonies have an advantage over Ireland. There
a fpecial commiilion is required to empower the Lord
Lieutenant to give the Royal Anient to each fpecific
Bill.
But this power of aiTenting to laws not yet framed,
is of the mod: facred nature ; too high to be intruded
to the difcretion of any fubjeft without fome Controul*
The King, therefore, retains the power of difallowing all
laws to which the Governor may have aflented, and
thereby voiding the A. So far then as this article is brought to
eftablifli the charge of ufurpation in his prefent Ma-
jefty, it is abfolutely falfe.
b The praQice was began by Queen Aimeia the year 1708, and bu
ever fince been retained.
I I
ILI
' ( *7 )
ts it meant to inf*nuate any objections to the mea-
sure itfelf ? Let us fhortly expofe the nature of thofe
inftruc^ions. And here it may be neceflary to premife,
that the Governor of every Colony has a negative in
the paiHng of all laws ; and that he is controllable in
the exercife of that power, by fuch inftrudlions as he
fhall from time to time receive from the King, under
his fignet and fign manual, or by order in his Privy
Council. Thofe who know the conftitution of the
Colonies, governed under immediate commiillon from
his Majefty — and it is to thofe only that the cafe ap-
plies — know this to be the fa£l. This once admitted,
it follows that there is a conftitutional power in the
Crown, of inftrudling the Governor to refufe hisaflent
to fuch laws, as his Majefty judges unBt to be pafled*
By this teft then let us examine the juftice, or injudice,
of thefe inftruCtions.
To what bills do thefe inftruiftion^ spply t To fuch
only as are of an extraordinary nature, afFe
togative. Thefe points might, and perhaps not
improperly, have been refer;'ed to the fole cognifanc6
of ihe fupreme legiflature of the whoTe empire. But
Government, it fhould fecm, apprehenfive, on the one
hand, that this might, in fome cafes, bear hard on
the Cobnies ; and unwilling, on the other, to entruft
to the fole judgment of a local Governor, what ought
to be fubmitted to the judgment of the King, better
able to fee and to combine the interefts of the empire
at large, did not adopt this expedient. ''^'*'* "r"' *"
Still eafier muft it have been to juftify the Crown,
had the Governors been inftruded not to aflent to any
fuch extraordinary law, till a copy of the bill fhould
have been tranfmitted, and the royal approbation
obtained. But fo anxious was the Crown to guard
againft every unneceiTary inconvenience that might
accrue to the Colonies, that even this expedient
was not adopted without a particular qualifica-
tion. Had the copy of the bills been tranfmit«
ted, they muft, when returned with the royal ap-
probation, have waited for another aflembly ; have re-
pafled through all the forms of being read, debated and
approved, by the Aflembly, the Council, and the
Governor. Much time might have been loft, and the
operation of the law, where the law was approved,
fufpended longer than was needful.
To prevent this inconvenience it was, that the Go-
vernors wete empowered to give their aflent, even to
thefe
■t\ )
( 19 )
thefe extraordinary bills, provided onty that a claufe
were inferted, fufpending the operation of the law till
his Majefty's pleafure ihould be known.
It would not, I believe, be eafy to fix upon any
period, where it would have been proper to have re-
called an inftru£lion, firft fuggefted by reafons which
were then concIuAve, and which have ever fltice been
acquiring new force. The Colonies indeed have
thought otherwife. Twice at leail have theyla^tlrefled
the Britifh Houfe of Commons to intercede with the
Crown for the very purpofe of recalling this inftruc-
tion. « How were their petitions received ? The Jour-
nals (hall anfwer for us. In the year 1733, in the
fixth of George II, ** A memorial of the Counfel and
** Reprefentatives of the province of the Maflachufct's
** Bay was prefented to the Houfe and read ; laying
•* before the houfe the difficulties and diftrefTes they
*• laboured under, arifing from a Royal Inftrudlion,
•* given to the Governor of the faid province, in re-
** lation to the iflliing and difpofing of the public
*« monies of the faid province : And moving the Houie
** to allow their agent to be heard by counfel upon
«* this affair: Reprefenting alfo the difficulties they
** were under from a Royal Inftruftion, given as
** aforefaid, reftraining the emiffion of bills of credit :
•* And concluding with a petition, that the Houfe
•* would take their cafe into confideration and become
•« intcrcejfors for them with his Majefty, That he
** would be gracioufly pleafed to withdraw the faid
** Inftruftions, as contrary to their Charter, and tending,
«< in their own nature^ to diftrefs, if not ruin,
« themV '
ARTICLE
II.
claufe be
inrerted,
fufpeiKliiii
the opera-
tion till the
Kind's plea*
fure be
knuwn.
Attempts of
the Cnloii
nies to have
thii inHruc-
tjon reca^l-
c^, in the
ycai 1733.
if: I
I !
A i
I
1 • .?»
■
^ e Sfe Comm. Journ, vol. xxii, p. 145,
B 2
What
ii
I :"
J I
1
I 1
ARTICLE
R«fi
« Sff Comm. Journ. vol. wiii. p. 518.
B3
.,* J
ii~*
(t
Vhat
ARTICLl
II.
The mw-
fure not hi'
bit to ob-
leAicn.
Thedefcrip.
tlon oi the
iftfhis/
And what is it that the Congrefs fo infolently ftilei
— neglect. What but an adl expreifive of the fame
language?
That his Majefty (hould excrcife his judgment :
That he (hould not ajfent to bills, which, in hU judg-
ment, are repugnant to the common good, are the
very objects of the fufpending claufe. So far then no
charge is brought againfl: him.— That fuch aflent
0iou]d be mildly withholding rather than flernly refuftd^
could not be imputed as a crime, by any meo> but thQ
^lembers of ^n American Congrefs.
A R T I C I. E IIL
He has refufed to pafs other laws for the
accommodation of large diilridts of people,
unlefs thofe people would relinquish the
rights of reprefentation in the Legiflature ;
g rigUt iaedimable tQ them^ and formidable
to tyrams only, ^ \ ,
,. V . •■ ' ^ •'■"' x;' ■'''- ANSWER,
I
( 23 )
iHon,
•I .»•;
ANSWER.
ARTICLS
lU.
■' Let the fenfe of this article be precifely exprefied ;
ftrip it of the indecent refle£)ions which clofe it, and
to what does it amount ? To this on]y — That his
Majefty has not feen fit to confgr the privilege of fend*
ing Members to the Provincial Aflcmblies, on people
forming, or meaning to form, certain communities in
certain diftri£ls.
The Members of the Congrcfs indeed— whether
through inadvertence^ or dejign^ have fo worded this
article, as to make it convey an idea, which yet they
dared not openly exprefs. They talk of relinquijb-
ing a right : — but they will not pretend it to have been
a condition propofed, that the perfons to be accommo-
dated were to give up any right which they then adually
enjoyed j the condition was, only, that they fliould
not be invejied with a right, which they did not then
enjoy } if, as inhabitants of one diflrifl, or members
of one community, they had already a right of fending
a Reprefentative, they were not called upon to relin-
quijb that right : they were only told that, in becoming
inhabitants of another diflri
ftitutional.
power of
the King to
revive or
create pirli-
tm-intary
Wfiughs in
^ngland,
Powtt et
the King in
In the origi-
nal charters
territorial
teprefenta-
f ivcs nut
provided for.
( H )
his prsfcnt Majefty ? or in making it, did he only per-
fifl; in a plan, for wife reafons, adopted by his royal
predeceflbr ? . , ,
Let us firft confider whether the exercife of this
power, in general, can be c'eemed unconftitutional. [\
In England, it has been a matter of debate, whether
the King, by his fole authority, might, or might not,
create, or revive, parliamentary Boroughs '. But it
never yet was pretended, that fuch Boroughs could
be either created, or revived, without his confent.
Whether they be created, or revived, as in the cafe of
Newark, oy theyJ/*? a£l of the Xing : or, ar In the cafes
of the Pf^elch counties, of Chejier, and of Durham, by the
concurrent aft of the King, Lords and Commons; in
either cafe, a voluntary %&. of the King is^eceiTary}
in either cafe, therefore, the King may refufe to do
that adl;.
Thus ftands the cafe in £nghnuglat*$ hiftory of the cafes of controvf tfed eleflions, vol, f«
t, 6S, 69, 70. Note (-), and the authorities there cited,
I Se« the exanunatl«a of (hefe chartetj in the remarki on the Ijth
)f?Mliain<0t|
■ • . , - Ths
. i.'
ijii
li I '
^en-
ives
■ere
39
ton-
is of
es,
to
^Thb dircftions given in thcfe charters, on this ARTict*
point, are various. In fome, not the nunber only, of -
reprefentatives to be chofen, is fixed ; but the places D««aiont
... I t-L.rir 1 ..T givenonlhi*
too which are to have the right . In he«<) in foe.
Others, thefe points appear to have been originally left ^'^'"'^
to the diredion of the general aflemblies ' ; that is, of
the Governor, Council and Freemen. In moil of the
proprietary governmentSi to the difcretion of the pro*
prietor ''» " •■•» -vi 'I'-ri'-t!) ", '* '•:n'«firi-/.» '<">,';
So far, however, is it from appearing; that the Crown "^^ Crown
meant to give up, in America, that power which it re- quiihed the
tained and exercifed in England j the power, I mean, d?i!g*,'or rel
cf preventing the number of reprefentatives from being fufingtoadd
increafed, or the privilege of fendmg reprefentatives berofrepr©.
from being conferred againfly or even without its con- ""**""■•
fent, that the Crown has a<5tually retained, and aflually
exerciftdy the yet more important power of increafing
the number of reprefentatives ; of conferring the pri-
vilege of fending reprefentatives, by its own foU
guthority. ■,»<> i-r:r;?^'''^ ■"jM^n'^^o;"!^' :"'>> '■lo"'-; ;nrff «K '""' ""■'''' t
The province of New-HampCiire affords us a re- ThU power
iti e rr> t ■ y t • • ft esffcifed IB
niarkablc proof. Towards the b(>ginning of the year New-Ham-
1745 the Governor of Ncw-Hampfhire had ifTued ^eijo.***
a writ to the fherifF of the province, commanding him
to make out precepts for the eleition of perfons to
ferve in vhe General Aflembly. Befide the tovns, to
whom precepts had ulually been fent, the writ com- . .\
manded, that precf^pts |ho^ld Ukewife be fent to other " '
1> !n the formation of government in the Jerfeyt on the furrender of '''
the charter in the year 170s : In the Granadet and other recent eftablifli-
.^ \ Maffac!. • . ,
I
i ]
I
hi
M
1 r
(■ '
k\'
'.\
. !
< !
1 .
/ ,
t \ .1
' 1 '
ARTTCLB
HI.
IftbeCrown
lias retained
the power
«f adding to
thenunioer
•f reprefen-
talives* «
firtieri hat
it the po-A'«r
of whhold-
ing its con-
ient to fuch
addition.
This latter
jiower can-
nnt be abu«
( i6 )
itmnOuptf newly ercSed. The precepts were ftftt,
and members returned. But the houfe of reprefenta**
tivcs refuftd to admit them. This rcfufal was reported
to his Majefly ; the report was examined witk great
deliberation : the opinion of the great law-officers,
the prefent Lord Mansfield, and the late Sir Dudley
Ryder, was taken ; and the event was, that in the year
1748 the Governor was directed to dijjohe that aiTent-
bly, and when another fhould be called, to ilTue his
Majefty's writ to the (herifF, commanding him to make
out precepts to thefe new erected towns, for tli«
ele£lion of ciembers to (It in the aflembly — ^And the
rights of thefe members the Governor was commanded
to fupport — Becaufe — fay the inftru£Hon« — ** His Ma-
«« jefty may lawfully extend the privilege of fending
<* reprefentatives to fuch towns as his Maje% ihall
«* judge worthy thereof '." After many prorogations
and alternate meflages between the Governor and houft
of reprefentatives, thefe members were admitted, . /
If therefore the Crown has retained the power of
extending the privilege of fending reprefentatives
to fuch towns as his Majefty ihall think worthy
thereof; can any reafon be aligned, why it (hould
not retain the lefs important, lefs dangerous power,
of preventing that privilege from being extended
againft, or without his confent? — I fay lefs daih-
gerotts, becaufe, though the former may, the latter
eannet, be abufed, to the purpofe of acquiring unconfti-
tutional powers. And could we, in defiance of the
whole tenor of his Majefty's conduct, allow ourfelves
to fufpeft hi»o of fuch a defign, we fhould expe£l to
find him profufe in the exercife of the power of e»-
1 $et Douglai'i fummiry, vol, II. p. 35, 36, 73, 74, 75.
tending
! I
(!
tending this privilege, rather than tenaclousof the ex-
crcife of the power of refiraining it, within its prefeat
bounds.
Thus far as to the excrcife of this power \n general.
As to the exercife of it in the j^artUuIar inft^nce before
us, the refufal of which, the Congrefs complains, did
not, as they would have it underftood, originate with
his prefent Majefty : in making it, he only perfifted
in a plan, for wife reafons adopted by his royal pre-
Cleceflbr. , ,
Bv an original defedl in the charter granted by
King William to the province of Mailachufet*s Bay,
the Council was left more dependent on the Houfe of
Reprefentatives than was confiOent with the right ba-
lance of power. Not only were the members of it
annually ele£bd, they were even amoveable, by the
Houfe. In nany cafes the Council and Houfe of Repre-
ftntatives fit and vote together. The fufFrages are
taken viritim ; the number of the Council is limited
to twenty-eight, that of the Reprefentatives am. nts to
a hundred and fifty. It is therefore obvious, that the
power of deciding in all thefe quefiions is folely in the
Reprefentatives. As if this were not enough, fome
defigning men contrived to throw more weight into
Ithe popular fcale, already preponderant, by ere£ling
new, and by fub-dividing large and well regulated,
into fmall and jangling, townfiiips. On all of thefe
was the power conferred of fending reprefentatives ; a
power which they exercifed, or declined, juft as it
ferved the ends of party. Already did the number
ff reprefentfllives in this fingle province exceed that m
^ve of the moft confiderable provinces around it :
already had many inconveniencies been felt by the in-
trufion
ARTIGLC
HI.
In this pnv
ticttlar io-
ftance the
exercife of
this power
was a con-
tinuation
only of a
plan adopt-
ed in the
laA reign.
Reafons
whjr It WM
adoptsd aai
puriUed.
Pi
t; ;!.:!)
1:1'
: I
n
■|!i
p.
», ^ I;
I II
I 1
i <■* i
1 fl; -4
i
' 1 ! ;
ARTICLE
III.
The pTiR
w»t adopted
thirty yean
a{0.^
And there-
fore did not
originate
with his
prefent ^f a>
jefty, but
wai retained
only ; tht
xeafona of
adoptingftill
fubfiftiag.
( a8 )
truiion of ignorant reprefentatiires, who were choren,
and came, only to ferve a particular party } ere any
ftep was taken to check fo pernicious a pra£lice.
At lafl, about thirty years ^nce, in the reign of his
late Majefty, it was given in inftruftions to the
Governor of MaiTachufet's Bay, not to confent to the
incorporation of any new townihips, unlefs in the A£t
of Incorporation it were to be exprefTcd, that they
(hould not, in virtue thereof, lay any claim to the right
of fending reprefentative$ to the General Aflembly ".
This plan then did not originate with his prefent
Majefty, he found it adopted by his royal grandfather.
And here I may venture to appeal, not to my fellow*
fubje^s in Great Britain, but to the Americans, but to
the members of the Congre fs ; I may venture to defy
even them to point out to mc the moment, when it
would have been prudent in his Majefty to have re-
ceded from it. Is it in times of popular tumults, that
a wife government would diminifh the checks on the
cxcefs or abufe of popular power ?
m For the fads here alleged, fee ptoofa In Douglai*! Summary,
vol. I. p. 9x5, &c. 3761 tec, 489, fcc.
.•';;. ^> "r^.ij-
• ' - - - ' _
... f ^ ■ ' i' *».t ■ J '
1 I ■
( »9 )
;..:.;> ^x. A R T I C L E IV.
He has called together legiflative bodies
at places unufual, uncomfortable^ and dif-
tant from the depo^tary of their public re-
cords, for the fole purpofe of fatiguing
them into a compliance with his mea-
fures.
T.\ .r?,v*.
ARTICLE
IV.
> ■,■<«
ANSWER.
There is fomething fo truly ridiculous in this Ar- Th!s£h«ige
tide, that it is hardly pofllble to anfwer it with any be-
coming gravity. At the firft blufh it looks as if infert-
ed by an enemy, as if intended to throw an air of ridi- ^ ,
cule on the declaration in general. Among reaibns to '
juftify a national revolt to find it gravely alleged, r-vr -'
that the members of an ailembly happened, once upon
a time, to be ftraitened in their apartments, and com-
pelled to fit on ftrange feats, and to deep in flrange
beds is, I believe, unexampled in the hiilory of man-
kind. Sickly and feeble muft be the conftitution of
that patriotifm, which thefe hardfliips— dre'*dful as
they are — could fatigue into a compliance with unpa-
triotic meafures. >r, .* .Wj^r :•*. "* V. ,:r'i'
Let us however ftate the fa£l to which the charge *">« f'^
Towards the latter end of the year 1769, his Ma- Wfordtfiln
jefty received information fiom the Governor of Mafl[a-
chufet's
;i !^
Mf
; I
i i
J '^
<
i 1
Vi
j ^
».-.^«--.«
1
■
1
!
(::t
I )
Troopj fta-
tiooed there.
( 30 )
ARTICLE chufet's Bay, of frequent riots excited, and outrages
' ' committed in the town of Bofton. His Majefty was
informed, — and the public a£ts and proceedings of the
magiflrates and council of tl|e town ccmfirm the truth
of the information, — that thefe diforders were not to be
attributed folely to the difj^fition of the loWer clafs of
the people, but that they were countenanced by thofe
to whom the adminiftration .of government was, by the
conftitution, entrufted. The council refufed to advife
the Governor; thejuftices (o co-operate with him in
the fuppre^on of thefe diforders. It fliould be remark-
ed too, that it was not at this particular moment that
thefe diforders commenced\ they were of long continu-
ance. Already had his Majefly been under the necef-
fity of ftationing troops in the town, to preferve the
lives of his Governor, and fuch of his civil officers as
■_ ' ^ recognifed the authority of the King and Parlia-
ment.
Thefe were BoTH thefe circumftances might well be confidered
fo» notVoid- *s objeiSlions to the holding of the general court at Bof-
ing the af. ton. By men who were ready to carp at any thing,
Bofton/ the prefence of the troops might be reprefented at leaft,
if not really confidered, as a reftraint upon the freedom
of debate } by men who wifhed confcientioiiHy to dif-
charge their duty, the dread of an infuiting mob, and
the certainty of being unprotected againfl it, were real
reftraints. .
ana ajfgred FoR thefc fcafons, as well — fay the inftru£lIons to
ftiuluo'ni. the Governor — " to obviate any objeSlian on account of the
** troopSf as to fhew a proper relentment of the behavi-
• " our of the inhabitants of Bofton," — it was thought
-J ,^ expedient that the Gov^tnor ibould meet the general
court at Cambridge.
( 3« )
' Ah addition there was to thefe inftrudions, which
Kowj that it is the objed of the Congrefs to infult his
M(^(/ly, they think proper to fuppreft ; but upon
which then, when it was their objeA to blacken the
Gwtnwr^ they infifted with vehemence.— It was ftill
left to the Governor's direction, not to meet the aiTem-
bly at Cambridge, " if be /houid t&inA'*^{o (xy the in-
ftrut^ions — ** there were reafom to the contrary of fuch M
♦* nt^ure 4» to ontvteigb thefe conftderatum *," i i
• > Sea then to what this mighty charge amounts— His
Majefty defirous, on the one hand, that the prefence
•f his troops fliould not ^/m to reftrain ; and, on the
other, that the outrages of an ungovernable mob ihould
not a£iH4Uy reftrain the freedom of debate, inftrufted
his Governor to meet the general court at a place whero
both thctfe obje^iofis would ce^fe.
ARTICuH
IV.
Thdiritnic*
tiMi, Imw-
«wr, 4U«ra>
tioaacy*
^ .. ,. '.
." • :;«•
■'. '. • Ml >
Futility rf
the diwj^e.
V * > ..t )
. . . ! , •
V . I y.:t.'^.Si.^ '.
. >v ,. . ..I.J ■ ... 1 - I i ■ M.
; X ■>
-^^.:'^- K R T I c L E v.:;':i •
• ■ . ■ -' »
He has diifolved Reprefentatives Houfes
repeatedly, for oppofing with manly firm-
nefs his invaiions on the rights of the
people.
ARTfCLB
V.
^,v<-.„
aA "V' n<\^'.
ANSWER.
To this article little can be faid. The charge con- Thi««*jr e
gained in it amounts to nothing. It dates only, that amounts t»
aothin^i
* See the Boflaa Gwette of Juae it, 17^5,
:
it
I,
i
Y
I
A)f
his
%
If
I ^1
ii
|i
I
I I
I'll 1
■
'I, I
ARTICLE
V.
Nit Majeftr
kng beyond
• certain
petiod, but
may at any
timefufpend
the exifl-
cnce of the
teprerentt-
tive bodies.
To the
power itfelf
then they
dare not ob -
jeA; the
objection to
the exercife
of it in thi(
particular
inftance
amoontaon-
Iv to this,
tftathitMa-
jefty and the
xeprefenta-
tivet were
of difFerent
•pioionst
Caufeaflipn-
ed for the
diflToliition
of the pro-
vincial at>
fenibiies.
C 3^ )
his Majeily has exercifed a power, which has - at-*
ways been confideied as inherent in the crown* \, , , ;,
In England, as well as in America, the l&wi indeeid
have guarded, with anxious concern, agatnft the power
of the Crown, to prolong beyond certain periods, the
exiftence of the fame reprefentative bodies j the power
of ftiortcning their exiftence was never yet difputed.
We have already quoted one inftance of it^ being exer-
cifed in America, by his late Majefly ; more might
be adduced. Once, and but once, in England, was
it thought expedient to rob the Crown of this power.
The attempt was made j it fucceeded } and-r-mark
the confequence — the con/iitution perijhed, j j^iU ^\i^^■^■.•
To the exercife of the power itfelf then — the power
of difiblving theHoufes of Reprefentatives, whenever his
Majefly (hall fee fit— they dare not obje£V. To the parti-
cular inftances, in which his prefent Majefty has exer-
cifed that power, what is their obje£lion ? It amounts
only to this, that certain A^s appeared in different
points of view to his Majefty and the Houfcs of Re-
prefentatives. This power was exercifed — fays the
Congrefs— " becaufe the reprefentatives oppofed, with
" manly firmnefs, his Majefty's invafions on the rights
*' of the people.^* Could they fay lefs ? Could they ac-
knowledge, that what they ftigmatize as iwvafiom on
the rights of the people of America, were indeed only a£Js
done in defence ofthejuji rights of the Parliament and people
of Great Britain ? ^ -rr "^ r* a ' ' ,,
But which, after all, is true ? Were the a£ts which
the Aflcmblies oppofed, as it is boafted, *' with fuch
** manly firmnefs " and for their oppofition to which
they were diflblved, invafions on the rights of the people;
or were they only done in maintenance of the rights of
the
I..
A. .
( 33 )
the king and Parliament ? Was not the oppofition of ARTlCLt
the Aflemblies to thefe A£ts, of fuch a nature, and j
tondudled in fuch a manner^ as not only to juftify,
but even compel, a diflblution? To anfwer thefe
queftions, it will be neceflary to examine and ilate
the caufes for which they were diflblved. , j , *^.-,
The firft inftance of the exercife of this power in Of the Af-
the prefent reign, among the revolted Colonies, was, Miflachu-
I think, in the year 1768* in the Colony of Maffa- ^"'|g**
chufet's. Theoccadon was this : Offence, it feems, had
been taken at an A f<:'** >»
peaching, and for attributing to the Council, the right,
peculiar to the Britifli Houfe of Lords, of receiving
and trying impeachments. Had this pretenflon been
allowed, what would have been the confequence ? The
Council would foon have eredted itfelf into a Court of
Appeal in dernier refort. The judicial power, denied
by an exprefs Adl of the Britifli Parliament ^ to the
Houfe of Lords in Ireland, would have been afTumed
by the Council of every little province in America.
Was this too an invaflon of the rights of the people pf
America? Or was it only the maintaining of the
rights of the Britifli Parliament? .. -, ,,, ' 1.
« Their nextflep, perhipt, would have been^ a petition that his MajeAy
would ht mofl grac'ioujly pleafed to rmave hUftlffrim hting their King, tot
having dared to exercife a power inherent in his Crown. — And hit tyran-
nkal refufal would have lengthened the alarming wticles of their Dccla*
iration.
• - - • ^ W
> 6 Geo. cap. e,
Ca U
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ARTICLE
V.
Or the Af-
fembljF of
Virginia in
the lame
year 1774,
Of another
Airembly of
MalTachu*
fct'i in the
fame year
«774'
V I
Nrceffity of
theffdiffolu-
tiont.
( 36 )
In the fame year, the Aflembly of Virginia vfia
diflblved for practices little fliort of treafon } for vot-
ing the A£l8 of the Brittfli Parliament injurious to the
jrights of America) for appointing days of fad and
humiliation, to implore the divine grace to give them
one htart and one mind, in reiifting thofe A«Sls ; for
forming illegal combinations to fupport the Bolloniant
in their refifbnce. p
In the fame year, yet another AfTembly of Mafla^
chufet's was diflblved, for fending Committees to the
Congrefs } for taking on itfelf the whole power of
Governor, Council, and All'emblies ; for levying taxts
by its own file authority ; for appropriating, by its
own fole authority, the taxes to the purpofe of fur-
niihing falaries to men deputed to aflift at an Aflembly
unknown to the law.
In the A&. of the Britifli Parliament, which gave
rife to thefe ]>roceedings, there was no invaflon of the
rights of trie people. Nothing was done by it, but
what Parliament had been accuflomed to do. In the
mode of refifliing it, there was a manifefl: invafton of
the rights of the Crown, of the Parliament, and even
of the conftituent branches of their own legidatures.
Under thefe circumflrances, what was his Majefty to
do? There have been reigns, and thofe not the
leaft popular*^ in our hiftory, when the offenflve
votes would have been taken ofF the file ; when the
AflTembly would not have been required, but the Go-
vernor would have been commanded, to refcind them«
His Majeft^^y purfued a milder meafure. The offence
had been unprovoked ; he propofed, that the return
to duty Ihould be voluntary : They reje£led the ofFcr;
they would not return. What could he do lefs than
diflTolve
^ C 37 ) >
dilTolve them ? Either the Britifh Parliament mud repeal
its AiSls, or their Aflemblies mud refcind their rcfolution.
The conditutional authority of the one, could not dand
with the ^/nf( having
diOolved
former, af>
JTemblieSf
In fome Colonies, the time of fummoning the
General Courts is left to the difcretion of the King in
council ; in others, there are Aated periods, at the
expiration of which, they are, by law, to be fummon-
fd. As vQ the Hrft, in exercillng his own judgment,
v.'ith the advice of the Privy Council, his Majefty has
done only what the Conftitution fuppofes him to do.
As to the latter, it will be fufHcient to afk, whether
his Majefty deferred the fummons, beyond the periods
fixed by th? conftitution? That he did, is wh^t th-
Congrefs dves not aj/ert, Wh^r? then is the charge ?
His Majefty exercifed his difcretion, as to the time of
fummoning the General Courts, in the manner, and
for the ends, prefcribed by the Conftitution.
For it (hould be remembered, that this delay in
aflembling other, was the neceflary confequence of
having diftblved the former, Aflemblies.'— Why had
they been diftblved ? For bold encroachments on the
rights of the Parliament and people of Gre^^t Britain,
Would it have been confiftent ; would it have been
prudent, to have iftued writs for the fummoning of a
new Aflembl 7, whilft the people and their Reprefeii"
t^tives were inflamed with the notion, that, in en-
croaching on the rights of Britain, they were only
♦lefending their own? Was it not more confiftent,
-- ;, "' wore
( 39 )
more prudent, to give tine for this madnefs to fub«
lide ? To leave the ?|[^-.-*
,f.r
( 40 )
ARTICLE
VI.
ConvulfioQt
within ex-
cited, che^
ri/hed, ie-
Salifed,
fuidtified by
the Affcm-
defenforibus-^vciM^ this ungrateful country fecure it-
felf from foreign invafion. f h"'c invailons have bcea
repelled, have been for ever prevented, by the courage,
of that people, by lavifhing the treafures and the
blood of that nation, by the armies, the vidories, and
the treaties, of that Prince, whom they now fo ungrate-
fii My revile. , ,- .jf^s
As to the danger of coiruulftons within, fo far v"!'^
their Aflernblies from repelling, that it %2 ^\.:-\
facSlious resolves which excited, cherifhed— in the
eyes of a deluded multitude, more than legalifed--alii
moft fandlfied them, .
ARTICLE
yii.
^^^^^^.^'^i ARTICLE VIL •
He has endeavoured to prevent the pq-
pulation of thefe ftates; for that purpofe
obftrudting the la\ys for naturalization of
foreigners ; ref'^fing to pafs others to en-
fourage their migrations hither, and raif-
ing the conditions of new appropriation^
' of lands, ..
: ANSWER. •"•
Thi? charge q^Q prevent the population of a kin'>dom, is to
neither true, ^ , tr ,w-
nor poflibie, dinjinith the number of fubjecls. That a Kmg, whq
nor credible. -^ ^^^ ^^^^ fhould wifli, and, in confequence of that
wi(h.
I
( 41 )'
wi(h, fhould deliberately endeavour, to diminifli the
number of his fubje6ts, whilft they continue to be his
Tubjefls, is an imputation, which nothing, but the
extreme malice of it, could fave from being ridicu'
lous. Not only the imputation is not true, but it is
impoffible it Jhould be true; but it is impoflible, that
any man of common difcernment fhould believe it to
be true of any King. Of all Kings, it cannot be true
oifuch a King as it is the deflgn of this declaration to
reprefent his prefent Majefty to be. That a King,
through an inordinate thirfl of power, fhould fludy to
diminifh the number of hip fuhjeols, is juft as proba-
ble, as that, through an inordinate third of moneys he
ihould fludy to diminifli the fum of his revenue.
The proofs, alleged in fupport of this charge,
are as falfe and futile, as the charge itfelf is incredi-
His Majefty, they allege, ** has obftrufted the
f* laws for the naturalization of foreigners ; refufed to
<< pafs others to encourage their migrations thither ;
f' and raifed the conditions of new appropriations of
f» Jands."
*' His Majefty has obftrue admitted. Is it only of the particular province,
,^. . ; where
ARTICLt
VII,. „
Thr prooft
alleg'd in
fupport of
the cbargA
falTe and
futile.
The ob.
ftruAing the
iawi for na>
tural icing
foteignen.
A&% forna*
turalisatioa
not compco
tent to local
and fubnrHi»
nate Irgifla*
turn.
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( 4* )
4RTrcLE where the law fhould be pafTed ? How would thig
■ ■I. ■' ,. encourage the migration of foreigners ? What ad-
vantage would it be to a foreigner to be a denizen on
this fide of a river, and an alien on that? So far
from an advantage, it would fcrve only as a trap to
enfnare him p.
To ha It is curious, mean time, to obferve the inconfe-
thefe Pro- ence of thefc men. At one moment they infult his
•intW Lawi ^viajcfty becaufe he exercifes his undoubted precoga-
»n(t have tive, of difallowing, or refufmg to pafs, fuch of their
Aft'rf^Par- ^'''* ^' ^® difapproves. At another, they impute it
liuMDU to him as a crime, that he will not, by his ftk autho-
rity, fufpend, or repeal, J^s of the Britijh Parlia»
ment. 1 o have confented to the Provincial Laws for
naturalization, and for encouraging the migration of
foreigners thither, he muft have fufpended, or repeal-
' \ ed, Adlsof the Britifh Parliament. The A«ft^for
> regulating abufes in the trade of the Plantations, lays
.', y^ parttculai reftri(£lions on foreigners. And who among
-'''■ - > the emigrants fhall ceafe to be foreigners, and on
i what terms, the Parliament has not left it to the King^ j
• it has taken on itfelf^ to determine \
P A lingalar inftance if thii is on record. A foreigner wai naturaliied
,,. hj the Aflembly of New-York. Conceiving his fe!f to be a natural.
I. ' horn fubjefl, within the meaning of the aft of ii Car. II, he
bought a vefTel, and went on a trading voyage. The vetTc! was feiied,
and confifcated. The man appealed to the Ptivy Council, where the
fcntence of the Admiralty Court was affirmed. The Privy Council being
clearly of opinion, that no aft of a local fubordiaate legi/Iature could
vacate, or extend the proviGons of an aft of Parliament. . ^
<1 7, 8 Will. cap. ai.
r By t} Geo. II. cap. 7.-»so Geo. II. cap. 44.— az Geo. II. cap. 45.-M
29 Geo. II. cap, 5.— a Geo. III. cap. 15. By thislaft Aft, pafTed under
the reign of his prefent Majefty, who ii infulted for tbftruHing tie natura-
I'tzaiion and migration of foreigners, the privilege of natural-born fubjefts is
granted to thofe who fliali ferve, though it be only (we yeart| i« tha
jtmtriiau wart,
Anb
C( 43 )
And is it a grievance too, that his Majefty has rair-
ed the purchafe and quit-rents of the ungranted lands
in America ? It has always been conceived, that thefe
} nds are as much the property of the King, as the pri-
vate eflate of an individual is the property of that in-
dividual. If th : value of money decreafe, and the
value of land increafe, is it unjuft to raife the purchafe
or the rent ? Does the augmentation of the purchafe,
or the rent of the royal lands, bear any proportion to
the increa(e of their value ? Does it even bear any pro-
portion to the augmentation in the purchafe and the
quit-rents of the proprietary lan''s ? The proprietors
of Pennfylvania and Maryland fet the example, yet
againft them no complaint, no murmur has been
heard », ^
,'r!^ I./.^lhrrvv:;.-^---. s;;:/ ARTICLE
.-(">■; :■•''■■"■ ■-;, "".'* "■'"■ ■'■"■■". ••- * '■* "^ ■■,'-,• ■'\ ■' i * •;
• In Pennfylvania Unds were originally granted without paying any, or
at Rioft only a trifling, purcbafe-money : now for every hundred acrei of
uncultivated land, five pounds fttrling are paid aa the purchafe-moneyi and
ene penny flerling as the annual quit-rent. ' t fr'Ji.f:'^ r;
In Maryland, for every hundred acres of uncultivated land, the purchafe-
muney is rifen, fince the year I738, ftom forty JbiUingi iofvc pounds fterling ;
and the annual quit-rent from tvto to four JhllUngt flerling t fubjeA more-
over to tfne of one year' t rent on every alienation . ?i , » ft ' : ;
In both thefe provincei fees are paid by the grantees through every ftage
•f the proceft.
The Crown ufed to rtcAwftur Jh'iUings preclamalloH money, equal to
three piUltigs fterlingt ac an annual quit-rent for every hundred acres of un-
cultivated land. No purchafe-moncy was given, but the charges offutvej-
ing tvere paid by the grtnteeu
Now for the maxing rife in thefe conditions, (0 feelingly regretted by
the Congrefs, The Crown at pref^nt diMfls the Surveyor-general to fet
out allotmerts of lands, as perfons appear .lefirous of making new fettle
ments. The lands thus allotted are put up to public auAion at fx penci
fitrlmgper acre. If no perfoo bid more, they are fold at that price, with-
out
ARTICLE
VII.
In railing
the purchafe
and rents of
lands, his
Majefty hat
done no-
thing unjuft,
only follow-
ed the ex-
ample of the
proprietors.
Comparifon
between the
terms of
granting
Proprietary
and Crown
lands.
iii^t
'Kit ;'..
-.;:?
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( 44 •)
ia '..•'•■: 'U;
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' •' .1^1 . ' "'..1 (•>^••« t. • •-',
!«l.i, ■ ....1 It, I
ARTrcLt
vni,
^— — ^^
1 •"
A R t I C L E Vlir. t-^ijJ
He has obftrudkcd the adminlftration of
,;, juftice, by rcfufing his aflent to laws for
cftablifljing judiciary powers. , ^;, *
^>". :•.«« 'M.r ANSWER. '
There is not, perhaps, in the whole fcience of go-
vernment, a point more difficult than the regulation of
the judicial power. There is nothing upon which the
peace of individuals more immediately depends ; nor
can any material change be made in the regulation of
this power, without, in the event, afFefting the whole
conftitution. It is therefore, of all others, the point
in which a wife government will be moil fearful of adf
mitting alterations.
It will not therefore appear ftrangc,'that his Majcfty
fliould have been very delicate on this point. That he
fhould have been very averfe to giving his aflent to
laws, whofe obje£l was toeflablifh new judicial powers,
or to admit any new regulation in thofe already efta-
bliOied.
The r
Utionof the
judicial
powers one
of the moft
difficult
points in the
whole
fcience of
govern*
aient.
His Majefty
therefore
ought to be
delicate in
admitting
alterations
in thii
point.
Judicial pon the reader :s not to imagine, that there exifts a
powers efta- _ , , , ..... , _
biifliedinaii ungle colony, where judicial powers, where courts of
the Colo-
out any other charge whatever. The charges of furveying are tia hnger
paid by the grantee, but by the King out of the funds arifing from the
fale.
Terrible no doubt it tbt cbcck tbut given tt population I
juflice.
nies on the
model of
the (isme
power in
England.
M
I ■ -Mi
;|i^i
t 45 )
juftice are not eftabliflied. They are eftabliflied in all. ^RTiCLf
In all ihofe who have fent deputies to the American \j
Congrefs, thefe powers are regulated, as near as may
be, on the model of the judicial power in England.
' Some of the Colonies wiflied to introduce innova- Sonne of the
tions, to eltablilh certain courts or jultice upon prin- wanted to;
ciples which feemed to hisMajefty to clafli with the ge- '^l^^'^Zn
neral principles of the Cohftitution. To the efta- to which the
blifliment of thefe courts the King refufed his aflent. ed hi/af- '
fent.
** NoLUMUS /f^« >/«^// ■•^;.4y-'-f -
IX.
He has made judges dependent on his
will alone for the tenure of their offices,
and the amount and payment of their
falaries. .
ARTICLE
IX.
->->
'V! *-^ ^t
A N S W E
»* If, with their allegiance, the Members of the The Con*
Congrefs had not thrown off all fenfe of fhame, this Bfefi muft
article would never have found a place in the lift of oftau/hame
$heir grievances. ^^?'^ '*''»
* _, article was
t That jnf«ned.
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( 46 1
That the Judges fhouIH. depend upon the King fof
•* /j&^ //»«r/ o/" thtir offictiy* is no innovation. From
the firft eftablifliment of the Colonics to the prefent
hour it has been fo. The commiifions of the Judges
have always been during the good pltafure of the King,
At fuch a diftance from the feat of government no dan-
ger can arife from it. It might perhaps be lefs con-
ilftent with the fpirit of the ConftituCion, that their
commiflions (hould be for life, than during the pleafure
of the King*
Tkat they are become dependent on the King
** (or the amount and pigment of their Jaiaries,** reflefls
the higheft (hame upon the Colonies-^ Was it a volun-
tary aft of the King? No. The regulation was
forced upon him.
Every Governor is inftru6\ed to demand a permanent
falary for his felf and the Judges'. The demand is con-
Jiantly made, and has been as tonflantly refufed. It was
the policy of the colonies to keep the Judges dependent
on the deputies of the people for a temporary, wretched,
and arbitrary fupport ».
Was it reafonable to expe£(, that Judges, under
fuch circumftances, fhould firmly maintain the rights
of the Crown, or enforce the laws of trade, or in any
cafe faithfully difcharge their duty, in oppofition to
the overbearing fpirit of a democracy, or even to the
paifions and prejudices of the multitude ? Could it even
be expedted, that the rights of individuals would be
better protefied than the rights of Government ? Muft
not all redrefs of wrongs done by a more, to a lefs>
8-,v ''M^^T * '. ,\ ■ Set Adoiiiullrttioaof theCoIonict, vol. i* p, 1.
AAticLfi
Ik.
% ■ ■ -
The Judges
alwayi de-
pended on
the King
for the te-
nure of their
officei.
•.,:..■'.»'((•'
F 1 • . -
T hit they
are depend-
ent on the
King for
theirfalaries
refleds
fhame on
the Colo-
nies
The Colo-
niei alwayi
refufed to
grant per-
manent fa-
laries to the
Judges.
Effefts of
this refufal
oa the ad-
sniniftration
ofjuftice.
I' •
;• ».ii
A^iT
> powerfHl
( 47 )
powerful fubje£t, be defperate and unattainable? It
might well be expeded to happen, and accordingly
we learit from the beft authority, that it actually did
happen, — ** That all bufinefs of any moment v/as cai--
'* ried by parties and fadtions, and that thofe of great
*' power and intereft in the country, did eafily over-
" bear others in their own caufes, or in fuch wherein
" they were interefted, either by relation of kindred,
*< tenure, fervice, dependence, or application *."
In this fituation what was his Majefty to do ? Con-
quer the obftinacy of the Colonies on this head he
could not. In vain he exhorted them to make the
Judges independent : what they fullenly refufed, as far
as he could do, his Majefty did : he appointed them
falaries, as fixed and certain as any a£l of his alone
could make them. The concurrence of Parliament was
xiecefTary to give them permanence, 'v\ ; • i^'J ■■ c
^ Meanwhile the dependence of the Judges on the
Crown is infinitely lefs entire, and lefs likely to be
abufed, than that dependence on the people we have
above defcribed. And furely, were it poffible his Ma-
jefty could wifi>, yet could he never hopey to render any
part of the magiflracy half fo dependent on his felf, as
the rebellious party has, from the beginning of thefe
diforders, rendered the whole of it dependent upon them.
From his Majefty's difpleafure, however juf^, all they
could have to fear, would be the lofs of their offices
and falaries. From the rebels, by adhering to their
duty, their fortunes and their lives were alike in
jeopardy. r ^ • - . . -*
ARTICtV
IX.
Thli refttfd
obliged hit
Majefty to
grant th«ai
lalariet.
Their if
pendente on
the Crown
lefs entire,
left likely ta
be abuTed* '
than their
former de-
pendence on
the people*
cfpecially
fince the re-
bcUion«
)
ir
•f
• X Quoted from Lord Chief Jaftice Hale, and applied to theCoIonlei by
the Author of " the Adminiftratioa of the Coloaiea," voh i, p. i lo.
""* 'A ARTICLE
^\^:
4i
'•:\ M
i
I if
111
( 48 )
I
ii
/■
Im !
ARTICLE
X.
offices ere.
ated during
the prefent
teigni
Board of
Cuftoms
cftablifhed
for the con-
venience of
ttade.
.fi-O-"
... ARTICLE X,",;
it Lv-». . ■■,;*»
^-l 3|<> fr'i
_«.. .ii.
FIe has ereded a multitude of ncv^
offices, and fent hither fwarms of officers
to harafs our people, and eat out their fub^^
iiilence.
>> i .5^ ANSWER. 7*:;';''';/^
ToartFcIes, thus generally worded, it is not alvtraj))
eafy to give an anfwer. In the inftance before us^
however, we are under no difficulty. The ** multitude
** of new offices created^ and the fwarms of officers fent
•• over to America^* under the prefent reign, confifl^
iirft, in a Board of Cuftoms \ and fecondly, in additi-
onal Courts of Admiralty. ''4V..^
As to the Board of Cuftoms, the reafons of that
eftablifhment are exprefTed in the preamble of the hdi»
There it Is we learn, that the officers, who had been
appointed in virtue of an A£t of Charles the Second^
were obliged to apply to the Commiffioners in England
for fpecial inftru£lions in particular cafes } that hencd
all who were concerned in the commerce of the Co-
lonies, were delayed and obJlruSled in their commercial
tranfadions j as a relief therefore to merchants and
traders, his Majefty is empowered to appoint Com*
xniffior?r.s of Cuftoms, with the fatne powers as are
exercifed by the Commiffioners of the Cuftoms ir|
England.
To cite the reafons of eftabliftiing this Board, is at
once not only to juftify the eftabliftiment, but to provd
its utility to the very men who complain of it.
Butt
' i M
( 49 )
fiut ** the /warms of officers" required to carry the
A6t into execution *' eat up the fuhfijlencc f the people "
With what indignation miifl- this charge be received,
when it is known, that to thefe officers, no Ji/lary
was given by the Americans ; no f alary demanded from
them? When it is icnown, that by no lefs than three
feveral Adls of Parliament, it is provided, that thefe
officers (hall take only the accujiomed fees i ? The pay-
ments to be made depend now, as they ever have done,
on the greater or lefs quantity of exports and imports \ not
on the fmaller or larger number of officers appointed to
receive the duties.
The Courts of Admiralty were multiplied for the
fame benevole ic purpofe, of giving eafeto the Americans
their felves. '1 nat the defendents might not be forced,
in the firft inftance, to apply to a general court, held
perhaps at an inconvenient diftance j nor in the
dernier refort, to appeal to the Courts in England.
Before they complained ** that the means of juftice
** were fo remote^ as to" be fcarcely attainable*.'*
Now they complain that the means of juftice are
brought to their own doors.
It was fald of fome one, that he had a moft ««-
*uenient memory : of his credits no man fo retentive ;
of his debts no man fo forgetful. This convenient
memory feems to have been inherited by the Members
of the Congrefs. Is there a circumftance, which can
by any means be mifreprefented fo as to appear to be a
proof of innovation, or oppreffion ? it is fure to be
feized. Is there a circumftance which no art can tor-
y 5 Geo. III. c. 4$.— lo Geo. III. c. 37.«^ia Geo. III. c. j6.
z In a petition from New York, recited in " the Adaiiniftration of
t)ie Coloniet/* vol«i.p«a66t
B tur«
:=»
ARTIC E ;
X.
No faldiirs
cenuniieil
prerogative legal, ccnftitutional, and hitherto un-
queftioned, is indeed fully to defend iht meafure; is to
obviate every legal objedlion that can be made to it.
But this is not enough : the nieafure dtfrrved praife,
Confider a moment ; when was it that thefe ♦^roops
were ftationed in America ? At the clofe of th? laftf
war. During tiiat war, Great Britain had paid an
immenfe army of foreign iroops j had given large fub-
lidies to the Princes of Germany. To provide for the
payment of thefe troops, and fubfidies, flie had almoft
doubled her debt. The in.areft of this debt is to be
puid ; the principal, gradually to be funk by taxes to be
levied on ihefubjefts refiding in Great Britain. Dur-
ing tljc^ fiime war. Great Britain had embodied and paid
a militia of more than thirty tiioufand men. To raifc
this militia, the ableft hands were taken from the far-
mer and the manufafturer of Britain j to pay them,
the purfes of the Britifh fubjedls were drained ; to
find them winter-quarters, the houfes of Britifh
fubjedU
ARTICLE
X!.
( S3 )
ftibjefts were crowded. To what purpofe this profu-
iion of expence ? thefe preternatural exertions of
power ? To comply with the prayers of America ^ ; to
conquer the enemies of America ". How, mean time,
was thi bulk and the flower of the natio.ial regular
troops employed ? How, but in fighting the battles
of America ? What rem^'ned of thefe gallant; troops,
after the multitude who had Ihed their blood in the
ca^i^e of America, were tfjre at the end of the war.
And war. it too much to expert that thefe troops fhould
be ftatior ed for a while in a country which they had
fo gallantly defended ? Surely it was but juft in his
Majefty fo to flation his troops, that they who had
reaped the greateft advantages from their courage in
time of war, fhould contribute a little to their conve-
nience in time of peace.
It is not now the legality of the meafure we are de- Trropsne-
fending, it is the wifdom, the p'>licy of it. Here then we account of
may add, that, during the courfe of the war, his Ma- ",(jo„*s?
jcfty's dominions in America had been extended, new
b In the year 1754, the Colonies acknowledged his Majefty's **pa*er-
" nal care for the fecurity of his good fub|e£)s of the Provinces}" repre-
fented that " thetneroaehm»nts of the Fr»!nch threatened great dan-
«• ger, and perhaps in time, rven the entire deftru£tion of the Colonies,
" without the interpofition of his Majefly, notwithftanding any provifion
*' they could make to prevent it}" humbly profefled '* their reliR nee
" on his Majefly's paternal goodnefs, that he would take efTedlual -nea-
'« furet for the removal of the French *." Since the caufe of their fear
is removed, they have difcovered that it is all a miftak>. ; rhiit they never
bad r. lA the feals : he
affixed them to the Commiffion. 7 ne form ot the
Commiffion, the powers conveyed by it, remain the
fame to this hour : by his prefent Majefty, no ah ra-
tion has been made ; no new powers have been con-
veyed to the Commander in Chief.
<1 His Lordfliip was a the fame time appointed Governor of Virg!ni«,
Sir JefFery Amherft fucceeded him in both thefe employments,
e Lord Hardwiclce.
D
ARTICLE
y\RTICLE
XII.
In civil mat-
ters, the
military is
dependent
on the civil
power. The
Commander
has no other '
than the
military
powers,
given bv his
lale MajtJ}y,
A Com-
mander in
Chief firft
appointed in
the year
1756. The
firft Com-
rf.ifTjon fct-
tledandfeal-
e(i bv Lord
Hardwickej
and now
unaltered.
!i
:!;
; J
ii
M
1 ,. *l
( 5« )
■II »
' i' I '
i\?
H''
(1
:hi
! ,
i
ART!CtE
Xiil.
Here the
Congrefs
throws off
the xaiRi,
Declares all
AclsofTar-
I lament to
be pretended
aBs ofltgi'
Jlation,
The whole
jurifdiflion
of Parlia-
ment de-
fc'ibed as
foreign to
th; ';rconfti-
tution,
ARTICLE Xm. '^ ^
He has combined with others to fubjeft us
to a jurifdidlion foreign to our conftitution
and zmacknoivledged by our laws ; giving
his aflent to their pretended afts of legi-
ilation. . . ;.
A N S W E R. ■
Here it is that the Congrefs throws ofFthe malk.
Thofe who are fo refpe«Slfully defcribed by the term of
others ; with whom the King is fo refpeftfully faid to
have cofnl>ined i and to whofe jurifdiftion the purpofe
of this combination is to fubjeft the Americans, are
the Lards and Com?jiom of Great Britain,
Here then it is, that the authority of Parliament
is totally and fully difclaimed ; the exercife of that
authority is declared to be, and ever to have been, an
ufurpation •, all A6lsofParliamentareranked indifcrimi-
nately under the appellation oi pretended A£is of Legijlu"
tion : they are not marked as exertions of a power
legal indeed, but from the abufe of it become tyranni-
cal } and, as fuch, of a nature to provoke, and by the
enormity oi t\\zm, to jujiify, refiftance; but 2iZ pretended
a6ls of legiflation, exertions only of a pretended power ;
and therefore, ab initio, and of their own nature, void.
Whose a£ts is it that they are faid to be ? A6ts of
a ** junfdii^ion foreign (fay t' c Congrefs) to our con-
^^ Jiitittion" It is the whole jurifdidion then of Par-
liament, and not any one or «, ;v particular mode of it^
being exercifed, ** that is foreign to their conftitu-
*^ tion,"
( 57 )
«< tion." The grievance Is not any abufe of the jurif- article
di£lion, but the very exercife. -■■■'■ - • ••
XIII.
As much as this jurifdiftion is mow foreign to their itmuftthen
conftitution, juft fo much it muft ahvays have been ; "'**>" •>"«
for they do not, I fuppofe, mean to fpealc of their con-
ftitution, as of a thing that has fprung up in the pre*
fent reign. Every A
ters, they
muft be
compelled
by Parlia-
ment.
ARTICLE XIV,
For quartering large bodies of armed
troops among us.
ANSWER..'.
This article, fo far as it relates to the hare JIaiiomng
of the troops in America, has been already anfwered un-
der the eleventh article.
So far as it relates to the providing of quarters for
the troops, it fcarcely deferves an anfwcr. The one
is the nccefljry confequence of the other. If troops may
be Rationed in America, quarters muft be provided for
them in America. If troops be ftationed for the pur-
pofe of prote(9;ing a particular place, quarters muft be
provided in, or near that place. If the Provincial Ma-
gifirates be either not empowered, or not inclined ;
and if the Provincial Aflemblies will not, or cannot,
empower, and even compel the magiftrates to affign
fuch quarters, what is to be done ? One only body
there is, whofe controuling power fuperintends the
whole of the empire j that body is the Parliament,
From Parliament therefore the magiftrate muft receive
thofe powers which he cannot obtain from the Provin-
cial AfTemblies.
Far
rl
■it
for
Far
( 59 )
Far indeed was the Parliament from exerting, on ARTICLE
this occafion, a greater power than other Parliaments ^
have exercifed over other parts of his Majefty's domi- Still gr«tcr
nions. But a few years after the Revolution, we meet edin ire- '
with a vote of the Houfe of Commons, carried after- *»"•••
wards into execution by an A<5t of Parliament; by
which, not only the number of forces to be kept in Ire-
land is afcertained ^ j but it is enabled like wife, that
Ireland ftiould — not provide quarters^ but — maintain (fay
the votes) e, " maintain at \\s fole charge" (fays the aft) ,
the forces in conlequence of this a6t to be kept in
Ireland ■».
That there was any thing oppreffive in the mode of Nothingop-
, , . . , . , preftive in
quartenng, is not pretended ; it is the quartenng them the mode of
at all ; it is the quartering them there, where their fer- q|<"t^"nR
vice might be required ; that is the grievance alleged.
So tender was the Britiih Parliament, fo very delicate
on this head, that even in the year 1 774 — when an
open rebellion was commenced, when afts of coercion
were necejfary^ when the fevereft meafures would have
been juftified j— it allowed the Commander of the Bri-
tifli forces to deviate from the laws then in force, as to
me particular alone. In towns, where barracks were
built, it left it indeed to his difcretion to quarty his
troops in thofe barracks, or in the town, as he ihould
judge it moft convenient for his Majefty's fervlce. In
every other refpeft, he was commanded to quarter and to
billet them in fuch manner as was then d'ire£fed by
law^.
f Twelve thoufand.
h xoWUKIiUci.
g See Com. Journ. vol. i. p. 50.
i See 14 Geo. III. c, 54.
ARTICLE
i
b
1 ii
i'
I
;]
! I
n
11
11
tH
( 60 )
i . .r.v
i'
: i\:
1
ARTICLE
XV.
This cliarge
is frantic.
The Colo-
nies in ac-
tuai rebel-
lion when
the Aft, to
vrhich it al-
ludesi was
pafTed, op-
pofing the
execution of
Ads of Par-
liament by
open force,
and denying
the autho-
rity of Par-
liameiit.
A R T I C L E XV. '
For proteding them by a mock trial
from punilhment for any murders which
they fhould commit on the inhabitants of
thefe ftates.
..ANSWER.
Were this the firft hutnble apptal which the chiefs of
the rebellion had made, it would be difficult to guefs,
at what AtS^ of his Majefty's reign this frantic charge
could be levelled. — Would any fober man imagine,
that the Congrefs were fpeaking of an A£l, vrhofe avow-
ed and real objeft is, '* the impartial adminijiration of
" yujlice f" That they could ftigmatize, as being made
for the exprefs purpofe of proteding thp troops from
punifhment, an A£l from the very beginning to the
end of which, not a word, not a fyllable occurs about
the troops ? Yet fo it is.
The A(fl to which this article alludes, was pafled in
the year 1774''. At that time, not only, as it is ex-
prefled in the preamble, ** had an a£lual and avowed
refiftance, by open force, to the execution of certain
A£l:s of Parliament, been fufFered to take place un-
'< controuled and unpunifhed, in defiance of his Ma-
** jefty's authority, and to the utter fubverlion of all
cc
(C
k i4Geo. III. c. 39,
((
lawfu)
' T-^i
( 6i )
ifTed in
is ex-
ivowed
■certain
Ice un-
tis Ma-
of all
1 lawful
« lawful government." But farther, the very power
of Parliament to pafs thefe a6ts, or indeed any afts,
binding en the Colonies, was now as openly called in
queftion. ' - -
Under thefe circumftances what was to be done ?
Two ways only prefented their felves. The on**,
to repeal the A6ls and recal the perfons appointed to
carry them into execution ; the other to enforce the A£ls,
2xAJupport the perfons.
Those who advifed at that moment, and under thofe
circumftances, to repeal the A£ts and recall the perfons,
advifed, in other words, to give up America.
If to that advice no attention could be paid, the
laws were not to be repealed ; they muft therefore be
enforced ; the perfons app !nted to carry them into
execution were not to be recalled ; they muft therefore
be fupported. How could they be fupported, unlefs
in the difcharge of their duty, Government held out to
them legal protection ?
To the execution of the laws, open force had been op-
pofed J to thofe who had attempted to carry the laws into
execution, open violence had been offered j the temper of
the people was not changed ; what had happened would
probably happen again j in fuch cafe, force was to be re-
pelled by force. From fuch aconfliiSt, deaths might enfue.
If in their own defence, if in repelling the
lawlefs attacks of men, who obftrudted them in
the execution of their duty, a Magiftrate, a fervant
of the Jrown, civil or military, had killed an infur-
gent, what would have been his fate f To have
been tried by ajuiy, parties perhaps in the infurredtion,
afluming as law, that the A6t commanded by Parlia-
ment was illegal^ and therefore every thing done in de-
fence
ARTTCLt
XV.
The Afl»
therefore
muft be re*
pealed, or
enforced,
and the per«
font ap-
pointed to
carry them
into execu-
tion recalled
orfupported.
To repeal
theA(h,and
recall the
perfons, was
to give up
America.
The A£l8
then were
to be en-
forced, and
the perfont
fupported.
If force was
oppoicd to
them, it
muft be re-
pelled by
torce.
If deaths
w re (he
confe-
quence,Ma-
eirtratef,
&c> wee
lubie to be
tried by a
jury, who
vizrtfart'ieSf
and who de-
nied the au-
thority un-
der which
the/ a£Ud«
\ '
t }
J
in'
■
,
,
II
'1 ; 1
f
■'
1
„
if '
i !
,]
H
1
I
i4.
ARTICLE
XV.
The alter-
native til be
mafTiicred by
a mobf or
inurdeie>l by
the hands of
firetended
uflice.
To prevent
thii^ the
fcrne of trial
and (heper-
foni of the
trieri were
changed, a
thing prjc-
tifedinEng-
laud, &c.
Afl tempo-
rary flnd
provifional j
adapted to
the then
ftate of the
province.
( 62 )
fence of it, illegal too, and theiv-fore every killing
murder. '■'
It was not, in the nature of things, that under
thefe difcouragements, the fervants of the Crown
fhould difcharge their duty } the probable alternative
was either to be maffacred by the mob, or murdered by
the hands of pretended juftice.
How were thefe difficulties to be obviated ? There
have been parliaments, who would have gone a very
(hort way to work j who would not have ftaid to untie,
but would have cut the knot. They would have fuf-
pendcd the ordinary courts of juflice, appointed fpecial
commiflioners for the trials of the culprits, or have
eftabliflied martial law. — Inftead of this, what was
done ? the ordinary courts of juftice were not fufpend-
ed, no fpecial commiffion was appointed ; marti>il law
was not eftabliHied ; the mode of trial was not altered,
it was left to a jury j care only was taken, that the
jury fliould be men ** moji fuffic'tent^ and leaji fufpici-
*' oui '." And that was efFedled by an expedient prac-
tifed often in England, and in Wales, uponlefs urgent
occafions \ pradtiCed in Scotland, when Scotland was
in rebellion. The fcene of trial onlyy and the perfona
of the triers, were changed.
That tin; intent of the Aft might not be miflaken j
that it might appear upon the face of it, to be adapted
only to the then tumultuous flate of the Colony, it was
declared to be a temporary A61, to be in force only for
three years j to operate only as to perfons afting
1 Defcription of a jury, 28 Edward I. c. 9. That a jury fliould be com-
pofed of men moft fufficient, and leaft fufpicioui, muft be always a circum-
flance anxioufly to be defired s that it fliould be compored of men of thS'
vicinity is oftan a circumftance to be as anxicufly avcided.
( 63 )
ARTICLE
XV.
in their duty as Officers of the Revenue, or as Magi
ftrates, or under the order of Magiftrates ; nor to ex-
tend even to them, but upon information upon oath,
that the indidment or appeal is brought for a£ts
committed under thefe circumftances ; upon proof,
moreover, that an indifferent trial could not be had
on the fpot.
To fufFer the trial to take place in the fcene of in- J"'"'* .
, r^. . . . .n r ^ • r ■ luftered the
furreccion, m the midlt of the mlurgents ; to appomt trial there,
the Infurgents their felves to be judges, would deferve t^nto"^*
a feverer reproach, even than that which thefe men coT.mand
audacioufly throw upon his Majcfty.— /i* ivould be if
command the innocent to be murdered by a mock trutl.
I
1
I
1
ARTICLE XVI.
For cutting off our trade with all parts
of the world.
ARTICLB
XVI,
i
taken }
[dapted
it was
\\y for
I a£iing
be com-
circam-
0f tbS'
in
ANSWER...
If thecaufe of rebellion admitted of ingenuoufnefs or
candour, we might be furprifed at finding this article
among the lijl of grievances, — That lifl:, we were taught
to expe£);, was to confift of zStsoi opprejfton^ tending to
provoke rejijiance, and fee, they give us an adt of
felf-defence^ exerted in confeqkence of reflftance al-
ready (hewn. Have they forgot, or do they wifh to
conceal, from their deluded followers, that the dura-
tion of this a£l depends upon their felves? Severe though
X i(
Thii article
reprefents
an »&. of
felf defence^
exerted la
Confequenc«
of refjft-
a;ice, as aa
aA of op->
preinon
teniiing t9
provoke re<
fidancci
> { !
M'
♦■
^.
i'iJt
!
f ''
ARTICLE
XVI.
TheAfVnot
pafled till
flrdi nances
had been
nade in the
Colonic) to
flop all com-
munication
with Great
Britaiot
( 64 )
it be not, yet let us allow it to be foj the remedy is irt
their own hands. Let them return to their al'egiance, and
the A£l is repealed by itfelf.
Were the efFefts of this Aft yet ten times more
ruinous than they are, by what right do they com-
plain ? Have they forgot that they fet the example ?
Before this A£l took place, they had pafTed Adts— to ufc
their own phrafe — of pretended legiflation^ forbidding, on
pain of deaths to hold any correfpondence with the
people of Great Britain ; had ifTued commifllons for the
Icizure of Britifli (hips ; had appointed Judges, in the
different ports, for the condemnation of Britifh cap-
tuiv.:. — That they attempted only to cut off our trade
with our own Colonies j that they did not attempt to cut
off our trade with the other quarters of the world j
they will, I prefume, allow to have proceeded from
•weaknefs^ not from good ivill.
ARTICLE ARTICLE XVII.
XVII.
For impofing Taxes on us without our
confent.
ANSWER.
This was originally the apparent objeft of conteft.
M?g?nli ob. Nor could any thing have been found more proper to
jeftefcon- ^orlc UDon the people. Such is the felfifcnefs inhe-
teft, and a f , . , ,
popular one. rent in human nature, that men in general are but
too apt to fieze any pretence for evading the ob-
. : . • . ' • 1 ligation
m \
I !i
H
i 6s )
ligation of paying the fervants of the Public. To hold
forth fiich a pretence, mud be a fure road to populari-
ty, and to all that power which popularity can give*
Like the Agrarian law among the Romans, it is a
ftandard to which the multitude would naturally
flock. ^ ii^ii V> . 5ii,v >> r^ti cj ,- , •. ' .■ t
" In the inftanCe before us, the paft indulgence of go-
vernment gave to the pretence a feeming weight, which
it would otherwife have wanted. For one thing ap-
pears to be indifputable ; had this ungrateful people^
from the beginning* contributed to the common bur-
dens of the date, in proportion as, by the care and pro-^
te£lion of the Britifh government they had profpered |
had their contributions all along kept pace with their
ability, they would have wanted the moil fpecious of
thofe fliallow arguments, by which they have fought
tojuftify rebellion^ v > * »' • ("^^ ' -' - ;--'
But though the taxes impofed by Parliament on the
Colonies, had not, in any degree, kept pace with
their abilities, taxes had been impofed* No new power
was now, for the flrfl time, afTumed.
By the long Parliament, whofe pradlice, and whoffi
principles, the Congrefs feems to have propofed as its
model, and therefore cannot but approve, not only
Were the Colonies taxed, but that particular mode of
taxation was adopted j which has been generally confider-
ed as moft dangerous to the liberty of the fubjedl.-i^
They were taxed by an Excife ".
After the Reftoration of Charles the Second, an
Aft was pafled by which duties are impofed upon certain
enumerated goods, the produce of the Colonics, car-
it rticlb
XVII.
The pre-
tence
Arengthea-
ed by the
pa(t indul-
gence of go.
vernoientt
Taxes had
been im-
pofed.
By the long
FarliamcnCi
Tn the re'gn
of Chailct
II.
;
i j
ll
1
>" See Lords Journals, voh vlii. p, 68 J*
i-ied
.!•
i\ f
5f
n
i '
V. I
M
I
^1 I
Of Wil-
liam I1I<
( 66 :
ARTTCT-B ried from one Colony to another. The duties are or-
tiered to be levied by perfons deputed by the Commif-
fioners of the Cuftoms in England, under the authori-
ty, and by the dire^lions of the Commiffioner of the
TrtAfury in England j the produce of thefe taxes was
appropriated, not to the fcrvice of the Colonies
where they were levied, but to general national jpur-
pofes", • VV -'-.-'.....-•. ..- .-- .. . —
Was this Afl conildered as unconftitutional after
the Revolution ? So far from it, that it was explained
and confirmed by an Aoffice
binds the Colonies as well as Great Britain; fixes
the rates to be paid there ; appropriates the proozice
of thofe rates i*. The h.6t impofing fixpence a month,
payable by all feamen to the fupport of ih^ royal
Hofpital of Greenwlchy extended not only to Great
Britain, but to Ireland, and to all the d■ ft5 Ctr. II. c. 7. See alfo Douglai's SummaTy, vol. i, p. zig*
• 7 and 8 Will. Ill, c, aa, P 9 Annc^ c. jo,
4 10 Aone, c» 17.
prlating
Of Qijeen
Annri
(irlati
Crow
((
((
I f !•!
:!' !
:■!
MM
))rlating the Aims ari/lng therefrom to the ufe of the ^^'^'^^^
Crown, are al! manifeft A6ts of taxation* • , ,, . --
Nor did the illuftrious Houfe of Hanover depart of Geo. i.
from the policy adopted, or abandon the powers exer-
cifed in this behalf, by their predeceflbrs ? One of ' , .
the firft Adls of the reign of George the Firft fpeaks of -
Plantation duties ; ordeirs them to be paid into the
Exchequer of England i and appropriates the produce
of them, not to the particular fervices of the Colonies,
but tc the maintenance of the houjl'held; and to public
general y^rv/fw '.
By the inattention of thofe who drew up the AiSl of OfGeo.tl*
Queen Anne, imposing a duty of flxpence a month on
all feamen for the maintenance of Greenwich Hofpi-
tal, the Commiffioners of the Admiralty were not em-
powered to appoint colle£lors to receive this duty in
America J though the claufe of taxation extended to
America. Early in the reign of his late Majefly this
cmiflion was perceived and rectified. Proper powers
were given for the appointment of Colledlors : All
feamen employed in America, whether *' upon the
" high fea, or in any port, harbour, bay, or creek,'*
or '* upon the coafts," or ** upon the rivers," are fub-
je£l to the payment of fixpence a month; or to the
fame penalties upon non-payment as the feamen of
Great Britain*. Yet the Americans did not complain
of this A6k i though it Impofed a tax, not for the
particular fervice of the Colonies ; not for the general
fervice of the flate j but for a particular eilabllfhment
in England. In the fame reign an AcSt was paflTed, Im-
pofing certain duties on all foreign fplrits, molafTes,
r I Ocfi (t«ti 2i ttg, »•
• aGM. U. cap. 7'
S a fyrups;
'II
I
{ il
h
If *
I I
fi ;
Hi'
!■. ;
'< i
( 68 )
^xvii.^'^ fyfupSj fugars, and panels, imported into the Planta-
! — tions: In the impofition of thefe duties, the ufual
■ • . terms of giving' znd granting f are applied, -t."-
To thefe
Afls the
A tuf ricaiiS
fubmitted.
Their con-
fent was not
alked then
more than
The taxes,
impoifci in
t!ic prefent
r ign, iT.o-
derate j not
equal to
t.ieir pro-
portion.
Did the Americans at that time call in queftlon
the power of the Commons to give and granty and ap-
propriate thefe duties ? Did they call in queftion the
power of the King to receive and expend them? Or
of the Officers to colledl them ? Or of the Courts
of Juftice to enforce the payment of them ? Why then
obje£l to the exercife of the fame power, by the fame
bodies, in the prefent reign ? How do they eilablifli
their proofs of ufurpation ? •'' «^ii«s^^Ji*) ""4:. "M
Their confent has not been afkedto the taxes im-
pofed in the reign of his prefent Majefty. Was it
afked to the taxes impofed in the reign of his prede-
ceffors ? No. They arc not reprefented now ? Were
they otherwife reprefented then ? No. Did they wifh
to be reprefented ? Nor that neither. But they wifh-
cd not to be taxed. They were contented to enjoy
the benefits, but chofe to decline bearing any part of
the burdens, of Government.
Since therefore, on the fcore of ufage or cuflom,
no obje<5lion can be made to the power of taxation
itfelf, dops any objedlion lie againft the particular
A£ls of taxation, during the prefent reign ? Does the
objedtion lie againft the quantum to be raifed ? Is that
more than they could bear ? It is fcarce pretended that
it is. Does it exceed the proportion, which the
Americans (hould bear of the common burden of the
ilatc ? This, I believe, one of their Agents did fay :
He might as well have faid, that two were more than
tv/o hundred. Would it have reimburfed the capital,
c i^^v* would
II
( 69 )
would it even pay the intereft, of the immenfe funis
expended for the ufe of the Colonies ? It could not he
pretended '. Would the produce of thefe taxes pay
their proportion of a deht of 70,000,000/. con-
tradled during the lafl; war : A war undertaken in their
defence? Nor that neither. Would it pay the
350,000/. annually expended in maintaining their
own eflablifhments, civil and military ? Nor that
neither. How then were they taxed beyond their pro-
portion ? ,: Uf! .. r.:. f
If no obje£lion lie to the quantity of taxes impofed,
it was perhaps to the mode of taxation that their ob-
jedlion lay ? Was the mode a bad one ? They could
fcarce pretend to fay it was j they had no more ex-
ception to this, than to any other* Was it unprece-
dented ? Among them, perhaps, one of the modes
adopted was without a precedent } but long fince had
it been eftabliflied among their fellow-fubjeds in Great
Britain. And are fubje£ls to revolt at any time, upon
every alteration, whether for the worfe, or whether
for the better, in the mode of taxing them ?
Was it to the ufes to which the fums levied were
to be appropriated, that any objection could lie ? Nor
that neither. For the taxes impofed on the Colonies
in the prefent reign, were not applied to the mainte-
nance of the houfehold j nor to the fupport of eftablifh-
ments in England, as many taxes impofed on them
in former reigns had been; they were appropriated
to the maintenance of Government in America.
I
'I
ARTICLE
XVII.
The morfe
of taxattoa
not a tad
one.
The fumi
applied to
the fupport
ot (iicir own
Giivern-
ment.
t Since the acceflion of the Houfe of Hanove^ that is, duting a fpare
of fixty years, Great Britain has expended on the revolted fubje£ls no
lefs a fum than 34,697,142 /. 10 i. 10 d. See vouchers in " The Rights
'* of Great Britain atTerted."
E3
' Upon
.'t
-*■<:,{. '^
:e
IS:
*f '
■
■ M
•
iiy
!1
t
■il
t'.
i .1
1
I. i
! .i
ARTICLE
XVII.
The griev-
ance there-
fore imagi-
nary.
( 70 )
Upon the whole then, neither was any new powef
afliimed in taxing them, nor in the exercife of an ac-
cuftomed power were they hardly treated in the
proportion affeffed j nor were they aggrieved by any
oppreUive mode of colle6Ungj nor were they called
to contribute towards Cervices, in which they had not
an immediate intereft. Whatthen was the grievance ?
It exifled in imagination only. They were afraid,
that one time or other, God knows when, they fhould
be aggrieved ; either by being aflefled beyond their pro-^
portion, or by being fubje£led to an oppreflive mode
of payment; or by being forced to contribute to
fervices, in which they had x\o immediate intereft;
and therefore they wf :'.J not be taxed at all. To
prevent an evil, poffible only in future, they refufe
to fubmit to a prefent certain duty. To guard againft
oppreffion, at fome diftant period, they think it right
to fly out into adtual rebellion.
ARIfc" ARTICLE XViil,
For depriving us, in mah^ cafes of th^
benefit of trial by Jury, c j. , r,^ c, t -,.
. '. '•'.-. :..;•/ 'I'^-i^-.'- . .. ' ' i.<' »* t-*'' . 'n f.» iivii ^
ANSWER. -'>V'-:?rt^w:
It it to
cafes cog- Thb cafes, in which the Americans are deprived
the Courts of the benefit of trial by jury, are confined to thofe,
mi5 thit *^^ cognizance of whic|> i§ attributed to the pourts of
this Article yfdmiralty^ . •: - - . . .,
»»"<»«• , ■ ■' " t- ' ■ ' Tq
* I!
It I
,,,.,1
sw power
>f an ac-*
in the
by any
ey called
y had not
rievance ?
re afraid,
ey ihould
their pro*
ive mode
tribute to
intereft ;
all. To
liey refufe
rd againfl
k it right
of th«i
deprived
to thofe.
Courts of
( 71 )
-rtrr To allege, either the inftitution, or thejurifdi^lion,
of thefe Courts, in fupport of the charge of ufurpa-
tion, the Congrefs fhould have proved — either that
Courts of Admiralty were unknown in the Colonies,
till the prefent reign — or that their jurifdiclion has
been extended to cafes, to which, in no preceding
reign, it ever had been extended.
The former of thefe aflertions, fo long as there
remains a fingle copy of our Statute-books, there is
no great danger of their making : The latter they have
made. Yet to what cafes does the jurifdiilion of
thefe Courts at prefent reach ? To breaches of the
A.
(■ 72 )
him, therefore, if the inftitution be a wife one, no
praife j if it be unwife, no blame, can accrue. It may,
however, be worth while to obferve, that thefe Courts
were inftitiited, and breaches of the Ads of Navigation
and Revenue were referred to them, for reafons thencon-
clujive^ and Jiill fubfifting, at leaft with unabated force.
No juftice could be expeded from juries, becaufe n,o
juries could be found who were ^ot partners of the guilt.
Under thefe circumftances, the inftitution of courts
who fhould decide without a jury, was a remedy which
could not but occur, and which has been adopted on
other occafions. >
In the beginning of the prefent century, the feas of
America fwarmed with pirates. In this virtuous coun-
try, it was impoffible to bring the offenders to juftice.
The chief men among the Colonifts had a joint in-
tereft with them. Was the Governor aftive in his en-
deavours to fupprefs them ? Petitions were fent home
figainft him : The King was prefTed to recal him.
Did he attempt to feize the criminals ? His attempts
were generally baffled ; the Colonifts gave them intel-
ligence. Did he fucceed in his attempt ? Scarce a
magiftrate could be found to join in the examination
and commitment. Were the criminals committed ?
The gaolers, either interefted, or bribed, or intimi-
dated, connived at their efcape. Did they not efcape,
\vere they tried ? Scarce a jury would convidl them.
Were they convidted ? The laws of the Colonies pro-
nounced no adequate puniftiment againft them.
The loffes fuftained by our merchants were enor-
mous. They applied to Parliament; dated their
grievances, and the impoflibility of obtaining redrefs
in the courts of the Colonies ". This was in the
y Sec Com, Journ. vol. xiii. p. 31, &c.
reign
I '
r
.-i .
tl I
ARTICLE
XVIII.
T 73 1
«eign of King William, not long after the glorious
epoch of the Revolution. Did the Parliament at that
time confider it as unconftitutional, as contrary to the
rights of the fubje£l, to conftitute courts, who fhould
decide without juries, even in thefe, which were crimi-
nal, capital cafes ? No. An Adl was pafled empower-
ing his Majejiy to appoint Commiljioners for the trial
of pirates in any of his Majefty's IJlands, Plantations,
Colonies, Domit:ions, Forts or Factories ^. Seven only were
enough to conftitute a court. In the defcription of the
perfons the King was not confined ; he might appoint
whomfoever he thought fit to appoint. No jury was
to be fummoned j the majority of feven decided with-
out appeal ; the perfons condemned were to be executed
and put to death in fuch time, in fuch manner, in fuch
place, as the majority of the court fhould command.
Did the Colonies dare to call in queftion the
right of Parliament to enaft a law fo fevere and un-
ufual ? or to deny the authority of the Commiffioners
who adted under it ? or to oppofe the execution of
the fentences they pronounced ? — No. — The Colonies
at that time felt that their exiftence depended on the
prote«5lion of Great Britain. The Britifh Govern-
ment at that time was vigorous and ftern. Vigorous
and ftern, indeed, was the penalty which enforced
the ex'ecution of this Adl,
« Be it enafted," (fays the Legiflature) " That if Thepenaity
** any of the Governors in the faid Plantations, or any thirAft
« perfon or perfons in authority there, Ihall refufe to ^*^"^°'"'*
" yield obedience to this A6t, fuch refufal is hereby rous and
f * declared to be a forfeiture of all and every the charters '*""'
The Colo,
nies did not
call in quef-
tion the
right of
Parliament
to paft this
ASl.
w II & l» Will. III. c. 7,
** granted
r I
s
W
i M
I
I
(1
'
I
( 74 )
^xvifr" ** granted for tht gnemmita 9r propriety offucbPlan/i
, 1 " tation."
Had the framers of the Stamp-AA fpoken in the
fame manly fiile, America had never revolted.
ARTICLE
XIX.
ARTICLE XIX.
For tranfporting us beyond fea to be tried
for pretended offences.
Thefe often-
ces arcTreaa
Ion, mifpri-
fjoiiofTiea-
J'on, and
burning his
Majefty's
Aorci, tee.
Called here
pretended
effinces.
Confidered
by the Par-
liament as
r/d/offea-
cei.
Offenders to
be tried in
England} in
r ANSWER. , . -
The offences, to which this article alludes, are
Treaforty mifprifion of Treafon — and burning his Ma-
jefty's yards, arfenals, fhips, or flores.
These, in a language well exemplified by their cop-
du(Sl:, the members of the Congrefs ftile — pretended
offences. They had before declared A£is of parlia-
ment, to be ^r^/^wdfei >^(f7j «^ /f^/^a//c«. The progref-
fion is neither rapid nor furprifmg : If Adls of theyu-
preme power of the ftate be only A
dred years
before he
was born,
nor tl.at it
conti/iucs
unrepealed.
The rathv,
as this AA
has been put
in fpfce,
whenever
occaHun of
putting it in
force oc-
culted.
I .■
1
( 76 )
ARTICLE
XIX.
I;J.
iVgainft of'
fenders in
Carolina.
Not long before the Revolution, and during the
time that difputes between the proprietors and people
of Carolina had excited almoft a civil war, Sir John
Yeomans, the then Governor, fent over one Cul-
pepper, who was tried upon this very A6t in Weft-
minfter Hall, for High Treafon, and acquitted •.
In Antigua. After the Revolution, in the year 1710, the inha-
bitants of Antigua, difgufted at the conduif): of Colonel
Parks, their Governor, anH not having been able to
obtain his recal, rofe in body and malTacred the
Governor at his own door. That a crime, in the
commiiEoi: of which fo many had partaken, fhould be
. punifhed as it deferved, on the fpot, was not thought
likely. The ringleaders were ordered to be fent to
England j they were fent, and tried upon this very
■ Ail: Some \vere cpnyided and executed ^ others re-
prieved.
So far was this power from being confidered as un-
conftitutional after the Revolution, that in the ca/e
of the pirates, in the reign of King William, men-
tioned under the preceding article, the Lords Juflices,
in the abfence of the King, thought their felves bound
to order the pirates to be brought into England ; did
actually fit out one of his Majefty's fhips for the pur-
pofe of bringing t'lim, and the evidence neceflary for
their conviftion and punifhment •». Neither the Lords
Juftices, nor the then Judge of the Admiralty, Sir
Charles Hedges, conceived that the pirates could be
tried any where but in England, without a fpecial A61
of Parliament for that purpofe =. ,, ;
a See Wynu's Hiftory of America, vol. ii, p, 455.
<> The fiiip was ihattered by a ftorm, and forced to put back. The Aft
mentioned in the preceding article was then pafled.
c See papers rt.lating to Kidd, and the report of Sir Charlet Hedges.
Com. Journ. vol. >'.iii. p. 36, 37»
A. It
In the reigq
of King
William,
the pirates
in America
were order.
ed to be
brought to
England,
■\\
f"
{ 77 )
" It appears then, that in addreffing his Majcfty to
enforce the A6k of the thirty-fifth of King Henry the
Eighth, the Parliament did nothing more than purfue
the ordinary courfe of juftice; than call on his Ma-
jefty to carry into execution a law neither repealed not
obfolete ; a law too founded on principles fo perfe<^ly
confiftent with the Conftitution, that the fame provi-
fions have, in later inflances, been adopted ; inftances
to which, on account of the A£l of Union, it was
thought this A v';(i-- : ;
':-:?,:
A N S W E R. rt-.-:
What have the revolted Colonies to do with his
Majefty's government of another Colony ? Canada is
not dependent on, is not afTociated with, them. Do
the mighty heroes, who defy the united force of Britain,
begin to tremble at a fingle Province ? Are they, who
pledge their lives, their fortunes and their facred honort
in defence of liberty, fo fearful of the ftrength of their
own attachment to liberty, that they dare not look on
men, who have fubmitted to what they call arbitrary
government \ left they too catch the contagion, and
follow the example ? Or are they fearful, that their
deluded followers may at length difcover, that wbilft
their
( 79 )
their !ea<^ers are alarming them with ads of priUndtd
tyranny, they are reaMy bringing them under Tubjec-
tion io the worft of all tyrants— artful, fclflih Dema-
gogues ?
No regulation concerning anothtr Colony can have
any right to find a place in the lift of their own pre-
tended grievances. This would bj anfwer fufficient
to this article. Let us however fee, if the going thus
out of their way to make a charge fo foreign to their
own concerns, be compenfated by any degree of can-
dor ? What is their obje£lion to the a£t for regulating
the government of Quebec ?
The firft is, that by this a£l, the bounds of Canada
are extended. There are little circumftances which
materially change the nature of a tranfaftion : thefe a
fkilful narrator tells, or fupprefles, as beft may fuit his
purpofe. It fuited the purpofe of the Congrefs to fup-
prefs, that in this Aft it is exprefsly provided, that
•* the boundaries of no other Colony Jhall in any wife be
** affe£tedr that all rights, derived from preceding
grants and conveyances Jhail be/avedf Had this been told,
their charge was anfwered. That which had not beciT
granted was the property of the King. He might do
with it as he pleafed j eredl: it .nto a feparate Colony,
or annex it to any Colony already eftabli&ed. So far
then no injury was done. v -. . . -
But this a«a has abolijhed the free fyfiem of Englifli
laws, and eftabliflied an arbitrary government. That
could not be abolijhed which had never been efiahlijbed.
The truth is this. Soon after the conqueft of Cana-
da, temporary proviflons were made, by a proclama-
tion of the King, for the government of Canada.
Thefe provifions were in many cafes found inappli-
' f_ cable
ARTICLE
XX.
What ob-
je£lion lies
againft the
AA for re-
gulating the
government
of Quebec ?
I.
Extenfionof
theboun-
dariet.
No preju-
dice to any
other Colo-
ny, or indi-
vidual gtan-
tec.
ir.
Thetf^J?-
tion uf a free
fyHem of
government
not true,
a he Aft
only re-tfta-
iHjhes an-
cient laws
at the rt'
qufjl of the
people to be
bound by
them.
>
f
I
I
' 1
I !
i
i J:J
J.T]. irir.'i."L_,
l!
11 1:
1 ' i
j
; /
' i 1
i
>: ; i
I! ;
ARTICLE
XX.
To iffdey
the ordert
oftheBof-
tonianCi. and
to I'ipen to
the fetii'ton
of the Cana-
dians, both
proofs of ty.
lanny.
ARTICLE
XXI.
( 86 )
cable to the ftate and circumftances of the Province,*
They were therefore repealed ; and this A61 was pafTed
re-granting to the Canadians thi; free exercife, un-
checked by any civil' difqualificitions, of the religion
in which they had been educated} re- ejidblijhing the
civil laws, by which, prior to their conqueft, their
peribhs and their properties had been protefted and
ordered. Do the Canadians complain of this altera-*
tion ? No. It was made in confequence of their
petition.
Ty difobey the mandates of New-England, and to
lijien to the humble petitions of Canada, are equally
crimes in his Majefly. It is a crime to make the
minutefl change in the conftitution of the revolted
Provinces ; and it is a crime of the fame nature not
to overturn the whole conftitution of a dutiful Pro*
vince. Not to deviate from the fpirit of a charter, and
to obferve the fpirit of a treaty of peace, are both adts
of ufurpation. To check innovations at Bofton, and
to refpe^l the cuftoms, and prejudices, and habits of
thinking in Cinnada, are ails of the fame tyranny.
• i
'.:f,
( Bi 3
%^-^.
-^.^-iii-A N
S
w
E
Ri
?«*■■:*
^4'^ii'.!^ ^?- -4^'^ty* ;.
I's ;
.--.• ■ ! 'V ■
\- /i-.
Cbt*LD this article be provied ; were it tlliej that
his Majefty, in conjundtion with his Parliament, had
** fundamentally altered the forms of ''v colonial govsrH-
ttunis" for I'uch an A£t I fliould not think it necelTary
to /rame excufes : Ii would need no excufe ; it would
defer ve praifg. JnAdvation fuppofe it were, glorious
Would be that innovation. Long fmee had it been in-
cumbent on Parliament to do. What in this article is—
alas! untruly — alleged to have been done, .
Some alterations are confefled to have been made^
during the pi-efent reign, In the charter of Maflachu-
jfet's Bay } but not a valuable law has been changed j
nor have the alterations gone deep enough into the
foundations of the governnment. The charter hds
been only amended in One or two particulars j it
ought to have been new modelled from one end to the
bther ; or rather to have been takeil away^ and a new
One fubftitiited in its ftead, . .
Had it been takfeti away, coiild thefe people haV£
eomplasned \ Give to charters what force you pleafe
— give them the highelt— give thetri all the fandity of
treaties of peace hetwttn independent States j ftill fuch
has been the cohdudl of the people, and the magiftrateS
of Maflacbufet*s Bayj that the charters would have
been rightfully forfeited. What are treaties ? Com-
pafts made up of mutual conditions. If one party fail
in the performance of that which it ftipulates to per-
form i the other is abfolved from the perforn^nre of
that which on its part is ftipulated to be perfoim-id.
Now it is not denied, that one condition exprefled in
all the charters is, that the Golonifts (hall be dee.ned
, ; . ,,' i fuhje^s
XXI.
Were this
ar'itle iTue,
it would
ne^'t no nt»
cuie.
The altera-
tiOfis made
In the form
of the go>
vprnment
of Mafia.
chUfet'8
Bay, so not
()eep enougti
inro the
foundaiionsft
Suppofing,
charters to
be 18 facred
as tt'eaties
of )>e.ce,
this charter
was right*
fully for-
feitcdi
1 ^ ■
1
--'
i ,/ «
.
1
.1
■ ;;■■!
■•■•■ i
i
i ir
I'
i ; i
( 82 )
fll
,1
K
it r.'.
r
J.!
{rh
■ • i '
:'li
ArTICLE
XXI.
Cha-iers
never con-
fidfied !n Co
high a light,
ta^c been
treque fitly
chan,:;ed by
I he King
atuiic.
A\\ the
( harters un*
der which
the Colo-
lies nov}
claim, are
j,^5ls of the
King re
fealiHg for-
mer char-
ters.
Snrpenfon
ofthepow-
e;« ^rallied
in the char-
ter of Mary-
V"iii h> King
William.
Sofpenficn
•f the pow-
ers graiiteJ
io the char-
ter <3i Fen-
fytvania by
King Wil-
fubye(5ls of this realm j that is, fubje£l to the power ef
Parliatnent. To have denied the power of Parliament
is therefore z forfeiture ,c^ the charter.
But the truth is, that neither by the Parliament,
nor by the Crown, nor by the Colonics their felves, were
charters ever confidere'l in fo high a light. Innume-
rable are the inftances of alterations made in the char-
ters, of fufpenfions of the power granted by them : fomc
by the fole authority of the Crown, fome by the King
in conjunftion with his Parliament.
What indeed are all ihe charters, under which the
prefent Colonies claim ? What but AiSls of the Crov/n,
repealing forme*- charters P If charters, once granted,
could not be altered j could not be repealed, by the
Crown, the original Virginia charters would be ftil! in
force : the revolted Colonies would be reduced to
two J and the inhabitants dependent on two trading
connpanies, reftding in England.
To del'cend to more recent inftances. In the reign
of King William, by the advice of Lord Chief Juftice
Holt, notwlthftanding the charter, the proprietor of
Maryland was df"efted of his jurifdi£tion : nor was
that jurilUidion reftored to the family till after the
acceflion of the Houfe of Hanover ; till the then pro-
prietor had conformed to the church of England.
Nor then was 't reftored entire ; but *' fo far only as
** the Legiflature had thought fit that any proprietor
« (hould enjoy it f."
In the reign of the fame King William, notwith-
ftanding the ch:xrter, his Majefty took from the pro-
prietor of Penfylvania, the privilege of appoirting a
f Sre account of the European Settlements^ vol. ii. p. SJI.
it attributed to Mr. Burke.
This book
Governor i
(
( «3 )
Gfoverrior ; and took on his felf to appoint Colonel
Fletcher, then Governor of New York, to be Gover-
nor of Penfylvania. The proprietor did net call in
queftion his Majefty's right ; he petitioned only as for
an j9n of Grace, to be rcftored to the privilege he
had before enjoyed. ' *•' '
In the reign of Queen Anne difputes had arifen in
the Provinces of Connedlicut and Rhode Ifland, con-
cerning the power of commanding the militia. This
was claimed in virtue of the charter, by the Aflembly.
The opinion of the Law-Officers was aflced ; they al-
lowed that the claim vvas fupported by the charter j
but they were at the fame time unanimorifly of opinion,
that the Crown had the power of altering the charter,
and giving the command of the militia into fuch hands
las the common gooH (hould require. In confequence
of this opinion, a Cbmmiflion pafled the great feal, ap-
pointing the Governor of New York to be Commander
of the forts and militia of the Province of Conncfticut ;
and the Governor of Maflachufct's to be Commander
of the forts and militia of the Provirnce of Rhode
Ifland.
What is the chatter, under which the prefent Inha-
bitants of Maflachufct's claim ? An A6t of King Wil-
liam, And that A '
femblycomo '
mended to . \
adopt thofe
alteration*
uiidar the
form of an
explanatoiy ] |
rhartrrj ^
which wai ' 1
danci ! I
! Ml r
-111! !
•
1 !!- ■
I'
I
t
t
II !
■^^VY?'*^ of the Crown. He repaired to England, and exhibited at
XXI.
Change 'n
the govern
Dieot of
Carolina in
the year
97M.
the Coi^ncil Board, articles of complaint againft the Houfe
of Reprefentatives. .His complaints were heard j the
Provincial Agent, in the name of the Repreientatives,
acknowledged many of the claims to be encroachments,
and readily gave up all but two. Thefe were the
power claimed by the Affembly of adjourning them*
felves as long as they pleafe; and the right of chufiqg
a fpeaker, not lubjeft to the Gove.iior's negative. Of
thefe two claims, which the Agent was not authorifed
to give up, tbey were oufied by an explanatory charter ;
•which they were commanded to accept j and which^ with
all due fubmtjpon, they did accept b. -.^ • y
Early in the prefent century violent were the
tumults and riots excited in Carolina by the quarrels
between the Churchmen and Diflenters. Difputes of
a no lefs alarming nature fprung up between the people
and proprietors. The neighbouring Indians were pro-
voked by a feries of violence and outrage. To prevent
the laft ruinous confequences of thefe domeftic diflen-
tions and foreign wars, the Crown took the Govern-
ment of Carolina into its own hand, changed the co«-
ftitution, and divided the country into two Colonies,
independent each of the other. How did the proprietors
condu£l their felves on this occafion ? Did they deny
the power of the Crown to alter the Charter ? No, fay
the relators of this tranfadlion— ** they made a virtut «f
" necejfity^*' That is, they fubmitted with a good
grace to a power which they knew to be legal.
These
% Sec Wynne's Kt(tot7 of America, vol. i. p. 149, 150. Doogiat'a
Summary, vol. i. p. ai f • 3791 380.-
h See Wynne't Hiftory of America, vol. li. p. 264. Hiftcry nrEu1»>
jpsaa SeUtMDeAM, vol. ii. pi s^o. In both theft wri(«rs there ii an inac.
ourwy
( 8s )
These arc inftanccs of alterations made in the
Charters by the fole power of the Crown. A<5ls to
which the Crown was competent alone could not furely
be without the fphere of its power, united with Par-
liament.
Never till the prefent troubles does a doubt fecm to
have been entertained, in or out of either Houfe of
Parliament, Whether Parliament could alter the char-
ters, abridge the privileges granted by them, or ^'ven
reaffume them. ' , " ,
The provifions of that A£l of King William ',
which reftrain the proprietors from felling their lands,
without the confent of his Maj'*oth at the fame tia.c, and hoih to h :vc been eftecu-r* by AA
ii Parliament. The change in the government was begun jong before
the furrender of the territorial tights ; and it ii this lall only which is con-
firmed by % Geo. I(,
i 7, 8 Will. HI. cai-. »a. k&. x6. k j,^ i, will. Ill,
cap, 7, feft, 15. •
F 3 ^
1
1 •
( 86 )
ARTICLE
XXI.
I'
■:liiii
J' ■ !
The Board
of Trade
fuggeiled in
the reign of
William and
his fuccef-
furs, that it
woulii he
necefl'aiy to
re-aflumethe
Charters.
A Bill
brought in-
to thertoufe
of Com-
iDonj for
that purpoTe
in the reign
of Qucea
Anne.
the charters granted for the government or propriety
of fuch plantation, is not z naked declaration of the right
to revoke all charters ; it is an a£?ual commencement of tht
exertion of that right ; fufpendcd only by the obedience
of the Colonies to that law. *
And indeed, fo little does it fcem to have been
doubted, that the Parliament might re-aflumethe Char-
ters, that in the reign of King William, and in many
fuccceding reigns, the fioard of Trade fuggefted to
Parliament, that fuch re-afl!umption was the only efTec-
tual remedy againft the repeated violations of (he laws
for regulating the trade and government of the charter
and proprietary Colonies '•
The caufe of complaint againft the Proprietary and
Charter Governments, ftill continuing and acquiring
new force. Parliament had it in contemplation to adopt
the meafure fuggefted by the Board of Trade ". A bill
was ordered, in the 4th of Queen Anne, to be brought
into the Houfe of Commons for the better regulation
of ihcfe governments j it was actually brought in, and
read. It failed, not from any doubt of the au-
thority of Parliament to new regulate the govern-
ments, but in fome meafure from a fpirit of party, in
fome meafure from a wifli of poftponing a bufmefs
• See Com. Journal, voh.xii.xiii.paflim. Tothofe>vith whom the weight
of name is {[renter than the weight of argument, it may not be ufelefs to
remark, that thefe fuggeAions from the Board of Trade were iirft made at
a time that Mr. Locke fate at the Board ; that great man, whofe argu-
ments ti.e Americans have fo tortured, in order to prefs them into the fer-
vice of rebellion. For in the Reports printed in the Journals, and made
In the year 1700, 1701, &c. reference is made to reports of the years im-
m<'diarely preceding, where this advice to re-alTume the Charters is given.
Mr. Locke fat at the Board of Trade from 1695 to 1700.
Wt"CM the
power
cliiimrd and
exerciiVd
over the
Ch.irttu in
preceding
iclgn', and
I lie power
exi-rci'i-d
Over tlicrri
la the pre-
fer,! rt.'ij,n.
i> SeeConi. Journ. vo\ xviii. p. tfc.
1^4
afluming
( 88 )
'ill'
^i
"!
i
Pariictilar
de;fPC»of
the A£t.
ARTICLE ^^flfuming all the Charters in general aflTerted, and not
■ denied by the Colunifts their felves ; he will fee that
right z£tiia\]y begun to be exerted and fufpended only
by the obdiencc of the Colonics to an Ail of Parlia^
rncnt. — On the other hand, under the prcfent reign,
what changes will he fee ?' He will fee the conftitution
of" one of their Legiflatures brought nearer to the model
' of the Britilh conftitution. He will A^e juries appoint-
ed as juries are appointed in England : by the former
change he will fee their conftitution more equally poif-
cd ; by the latter, juftice more ii?^ipartially adminlf-*
tered. .. ^ - . ' v ; --' ■-•. . w
On this general ground, we might fafely reft the de^
fence of the Adt in queftion. On this general compa-
rlfon we might leave it tp the world to judge what
room there is to allege this article in fupport of the
charge of ufurpation and tyranny. But it may, per- .
haps, be not altogether iifelefs to ftate more particular-
ly the changes made in the Conftitution of the Mafla-
chufet's Government, and to allege the reafons which
induced the Parliamentto make them.
The two material charges introduced by the Aft
for regulating the Government of Maifachufet's Bay,
vernmentof are, firft, in the mod* of appointing jurics J fccondly,
fe[?5, ' in the appointment and tenure of the members of thq
Council. . '..^ ,.,„., w.,,
j^ Before this Aft, the jurors of the Grand Juries
In the mode were chofen and returned by the freemen, on notice
i«/furTs!' ^*^"^ ^^^^ ^y *^^ Clerk of the Court. Out of the pre-
quifites of the Court, they had a falary of three or
four fliillings a day". What was the confcquence of
• See Apppndix to Neal'j IJiflory of England. Vol. II. p. 4. title,
v. JuriM,'\
thi*
Charges in-
triidiiced in-
to tiiC Go-
( 89 )
tlviB mode of appointment ? Juries wtrepackt. They ARTTCtl
were nominated at the town meetings by the heads of a .
party* A Jury* for inflance, was ftimmoned to inquire
into riots. Among thefe impart'iat^ icfpcdtable jurors, one
was retuTwed who was a principal in the very riot, into
which it was the bufinefs of this very jury to en-
i^uire P. Can any man entertain a moment's doubt,
whether this part of their conftitution flood in need of
reformation ? - v^-vo ft.'Yr "^ " . ? \. ' ,r. - ' :
The next material change, we have faid, was in the ir.
appointment and tenure of the members of the ^"j^'j^'^t
Council. This Council was a conjiituent branch of and tenure
the Ugtjlaiure j it was moreover a Council cfjiate j that beJs l^ihc'
is, in feme cafes, a branch of the executive power ; Council.
for its cmfent was neceflary to the performance of
certain Ads, and its a^ce was to be ajked^ at leaft,
if not ftUowtd, previous to many other Afts, to be
done by the Governor. The members of this Coun-
cily to whom fundbions fo diftind): and important
were attributed, were not only eligiblt, but in cafe of
mifdemeanor, amovable by the General Aflembly.
The inconvenicncies of this had been feverely felt by
a long ibcceffion of Governors : Their letters are
filled with complaints of them. To be known, to be
l^elievcd, to be even fufpe Sec printed letursof Governors Hutchinfon and Oliver, p. 31.
What
^1
li; If
I }
C 90 )
ARTICLE What refiftancc could a Council, thus dependent, give
^ to the extravagance of a democratic party ? Deprived
as it was of that free agency, without which, power
cannot fubfift : of that refpe£fc and dignity, without
which, it cannot operate j what advantage would the
confutation derive from fuch a Council in its legifla-
tive capacity ? Confider it in its executive capacity,
and it was to be full as ufelefs. What vigour could
it be expelled to (hew ? What power could it exert ?
Let us fee what vigour it did (hew ; what power it did
exert. By bands of armed men, parading publicly at
noonday, in the fight of the Magiftrates, private
property was deftroyed j the property of the King
feizcd} his magazines razed to the ground; his of-
ficers compelled by torture to refign their employ-
inents ; his Courts broken open j his Judges aflault-
ed } the files and public records deilroyed j the houfes
of his Governors pillaged. — The Council mean wl le
looked on as cool and unconcerned fpedtators : They
were exhorted to enforce the orders of Government j
to advife and affift the Governor in the execution of
them :— r-What was their reply ? — " They did not fee
*' their wcfy tlear enough to give finy advice or ajftftance'*
Was it then an A(3: of tyranny in the Parliament;
Was it an unpardonable crime to refcue one branch of
jheir Government from fuch a flavilh dependence on
another branch, as defeated all the advantages to be de-
rived from it? ' ,,' *' " ' •."" ■ ' . "
" ■ , , - • .J ..^.' -.r,^ .!/( %.>
^ ARTJC;.E
■:ii
( 91 )
« . • •
V^ ARTICLE XXII.
For fufpending o"r own legiflatures and
declaring themfelves invefted with power
to legiflate for ys, in all oafes whatfoevcr,
ANSWER.
He who dcfpairs of convincing, may find it his !n-
tereft 3 confound. Such feems to have been the view
of the framers of this Article. Two diftin£l A6ls i —
naflcd in different years, upon different occafions, with
di/ferent views, (the operation of one being confined
to a fingle Colony, nnd the other amounting to no
more than a naked .u aion ot fa£l, fcarcely meant to
I'perate at all) — ar< lere blended together, as being
one gentral liiw^ intci, d to opa ite in all the Colonies.
For in reading this Article, who would not conclude,
Hhat by fome one A6t, the P. lian^pnt had fufpended
the legiflatures oiall the Provinces ; and had taken on
itfelf the exclufive ri^ n of making laws for them all ?
The Adtby which i jrliament is faid to have fufpend-
ed their legijlatures, is a conditional A£l for reftrainii ;
the Governor and Council of New Yor^ alone^ from
affenting to any bill till the Affembly fhould have made
provifiori i / ^urnifhing the King's troops with all the
neceirariC'v inquired by /flw '. ^
1 7 Geo. iii cjp. 5g. 6 Geo. III. cap. i».
«■ The refufal of this Colony to furniih the troops with 'le neceflariss
jrcqiiired by law, followed immediately on the ttpeal if the Stamp AJi.
A repeal by which the partifana of America maintained tha. the obedience
p( the Colonies was fecuiedi
I That
ARTrCLB
XXII.
Two dlf-
tindt A At
blended to.
grther; aii4
reprcfenteJ
as line geae>
rai law in-
tended to
ouerite in
all theCu-
loiiics.
The Aft cf
fiifpenfion
an Aft af-
fefting New
York alonej
tnd the fuf-
j enfion only
conditional I
the duration
depending
on their
felves.
^>.
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23 WIST MAIN STREET
WEBSTER, N.Y. 14580
(716) 872-4503
r-
i i\
Mif
ARTICLE
XXII.
Thiifuf.
penfien was
the mildeft
ccnfare that
con'd be in-
fiided on
the Alfem-
.•:>■!■.•. jtMt-'''
•, '. >i.;-*«V-''.
' '< -■
t . . • _
!,',•■' ' '■<■'>
( 9^ X
That it is the indifputcd prtrogative of the King
to (lation bis troops where he fees fit j that where the
troops are Rationed they mufl be quartered ; tnuft be
furniibed with the neceflaries required by law; that
where provincial legiflatures will not provide for thefe
obje£ls, it is incumbent on Parliament to provide for
them, are points, on which we have already infifled.
That a localf fubordinate legiflature may take on itfelf '
to annuU the provifions of an A
ARTICtfc
XXIV.
plained of
the feisure
of hia Kvfi,
Had KM
adopted tbe
rrgal ftile,
hetODini^ht
have rifen
to the rank
of an inde-
pendent
Prince. ,,,
(l
\
...mkff^A R T I C L E XXV.
He is at this time tranfporting large
armies of foreign mercenaries to complete
the works of death, defolation and tyranny
already begun with circumfiancesof cruel-
ARTICLE
XXV,'
.' I i
!+
i ■ '
' j I
m
itRTlCLE
XXV.
i.!
To employ
foreign
troops, if a
matter of
(koite, a
mark of
tendernefs to
the Britiflt
fubjefls, and
no mark of
citraordi-
nary fcveri-
ty to the
AmeiicaM.
Not a mat-
ter of choice.
In all our
late wars,
foreign and
domeftir,
foreign
troops em-
ployed.
In bringing
about the
Ketolution (
in fupprcf-
iingtbe re-
bellions in
Ireland and
Scotland.
Dutjng the
lad war,
that Britons
mght fight
for the A-
ttcricaai.
( ^ )
ty and perfidy, fcarcely paralleled in ih(B
moil barbdroQS ages i and totally iMwOrthjf
the head of a civilised nation.
f *. .»-rf'--*^| ^tra^MT^wt *fl,i*^uv
A N S W E ft.
.■^* -«k^^ :*d(
Tha¥ His Majefty flioultl (mptojr/or//fyi tfddps iri
thf! reduction of his rebellioiis fubje6ls in America}
that endeavour! fig to bring them back td thdr duty^
he ihould eXpofe as little as might be^ the lives
of his loyal fubje£is ih Britain^ weit it ii matter of
thoice, would be a mark of his paternal tchderneirs
for us\ and furely no mai-k of extraoidtnafy feirefitf
to them. Of all wars^ Civil wafs have generally beett
attended with the greateft ads cf ferocity % the bjt-
tereft eneihy is brother fighting agaiiift brother.'
The truth however is j it Was not a rtiatter of cho'tct.
So fmall xi the ordinary eftablifliment of the Britifh
army, that there has not been a War, fbr'eign tt do-
mejlicy within the memory of us of oiir fathers, where
foreign troops have not been employed.' Foreign tfoops
were employed in bringing about the Rfjoluiion ; fo^
reign troops were employed^ after the Revolution, iri
fuppreifing the rebellion in Ireland i foreign troops
were employed, fince the acceflion of the Houfe of
Hanover^ in fuppreffing the rebellions in Scotland.
During the laft war foreign troops were employed^
that Britons might ihed their blood in fupport of thefe
ungrateful Americans ; might facrifice their own lives
in driving from their backs an eneihy, who from thck*
firft eftabliAiment, had kef t them in perpetual alarni*
V*
t
ThaIJ
M
( 91 )
■ . - ' . . ..... '■'*
'^ That his Majefty (hould pay the troops he employs,
IS, 1 prefume, no crime: Whethei they be foreign,
or domeftic, they muft be paid. Troops receiving
pay, are faid to be mercenaries ; whether the troo{^
then be foreign or domeftic, mercenaries they mu/I be.
Are not the troops of the Congrefs under the fame pre-
dicament ? Are they not mercenaries ? Does not the
Congrefs pay them ? The Coiigrefs will not, I fuppofe,
take merit to itfelf, that inftead of folid metal, it
pays with j^eeting paper. ''*■ '^-'- 'y '*-
That from the fhoclc of contending armies death
and defolatien ihould enfue, however to be lamented,
is hardly, I doubt, to be avoided. ,.**.'- ' •
To what then are thefe high founding words— of
•* foreign armies"— of ** mercenaries"— of ** death
** and defolation," — reduced ? The guilt, if any guilt
there be, muft conlift in the ends, for which thefe
armies are employed ; moft certainly it confifts not in
the circumftance of their htit\g foreigners or mercenaries^
or killing thofe who attack them, or being killed by them^
yoR what end are they employed ? To the view of
an Englifhman, that end would appear to be — the fup-
preifion of a Rebellion : To the underftanding of an
Englifhman no end could appear more lawful. Were
that Rebellion on the borders of the Tweed, an A-
merican, a Prefident of the Congrefs, would, without
hefitation, pronounce the fuppredion of it,, by what-
ever force, to be lawful. Not fo when Reb^Bllion-
ftalks along the Ihores of the Atlantic : What in the
former cafe would be the lawful exercife of a Ituwful
power, ** becomes in tYiii'—tyranny'-'perfidy-^cruthj**,^
So fays the Congrefs.
ARTICLI
XXV*
m
Troopt,
foreign or
doineftic>
muft be
paid ; muft
be merce-
naries.
The troopt
of the Coaa
grefs undet
the fame
predica-
ment.
From th«
Aocic of
contending
armies,
death, &c.
Will enfuc.
If there be
any guilt ia
'mploying
tortign
troops, it
man coR&tk
in the enls
for which
they are eia«
ployed.
That end
the fuppref'
fio i of the
rebellion,
called by thf
Congreft,
tyran«y,
petndjr,
^;
i i|
.(
■Mn
Ml
ii
Ml
ARTICLE
XXV.
■No proof of
tyranny al-
leged.
'v' " ''
Nor of
cruelty.
V-aH^ ,■>,-- '»■
Aftsof
cruelty on
the part of
the Rebels :
New kinds
of torture
invented.
<«u,..':"*
./ ' pA
Uk of
Rivingtofl,
in 1775.
C 98 )
Thi troops were fent, wc are told, ta comphtt.the
work of tyranny : The proofs of tyranny, if a plan
of tyranny were formed, muft therefore have preceded
tj.e fending of the tfoop*. Not a fingle proof has the
Congrefs alleged of it. All the fads, or pretended
fafls, they have fubmitted as proofs, have been exa-
mined. Of thefe, fomehave appeared to have exifled
only in their own imagination j the reft are regular
A6ts of Government j the exercife of acknowledged
powers.
What are the circumftances of cruelty? To allege
the charge is not to prove it. To allege it without
adducing a fingle fadl in fupport of it, is furely to
d'lfprove it, is to acknowledge that no proofs can be
found. By the rebellious party it is notorioufly and
ftridly true, that *' the works of death and defolation
and tyranny we:e begun," upon his Majefty's inno-
cent and loyal fubjedls, before any foreign troops were
fent J before the idea of fending them was fuggefted ;
before his Majefty's troops had committed any hoftili-
ties :— Begun with circumftances of cruelty, utterly-
unparalleled. It were endlefs to cite examples of
Cruelty fliewn to individuals ; to fwell the paper with
a recital of the cruelties oiFered to a Rivington <, a
Malcolm^
* In the MewiVork Gazetteirof Ncverifiberi, 177^. Mr. Rivington
inferted at length, the preface to a book, entitled, " Remarki on the
" principal AAs of the thirteenth Parliament," together with a plan of
reconciliation prOpofed at the end of that work< He faid not a Word !•
f raife or difpraife, either of the work in genera), or tff that part of it
which he laid before the public. He took on his felf enly to name the
author, and to add—" that the wotk had been much read in England"—*
Thii infeition gave violent oftence to the demccratic party. In his Paper
of the fitteenth «f the fame month, he in775 i together with the arguments which his Lordihip was faid to hav« ' '
adduced in fupport of it. He inferted an addrefs prefented to his Majelly
lit thb month of September, by the Crentlemen, Clergy, and Inhabitant*
•f the town of Manchefter. He inferted an account of the fuccefs with
which Major Boyle had met in railing recruits : He inferted a letter oii
modern Patriotifm. He inferted a lift of the troops employed and paid
by Great Britain, during the laft w;r ; together with a private letter from
Londoa on the (Irength and refources of Great Britain. Thefe Articles
were, for the moft piart, tranfcribed from Engliih Newspapers. In hit '
pkper of Nbvettiber 2^, Mr. Rivington inferted a letter, tending to talce
off the weight of the conclufions which might be drawn from his former '
irifertions^ in fav*ulr of Great Britain and aga'tnji America. Notwith«
ftanding this proof of his impartiality, on the fame day, feveniy-five of
the ConneQiciit light*horfe, furrouhded and entered his houfe, with
biyonets fixed, at noon-day, totally deftro^ed all his types, and ftock,
and reduced him, at near ftxty years of age, to begin the world again.
The aftoniflied people beheld this fcene without offering any afliftance to
the perfecuted printer. At the foot of the Gazetteer, publilhed that day,
he added in manufcript, an account of thefe proceedings ; which h«
concluded by faying, " That the New-York Gazetteer muft be difcon-
" tinued till America (hould be blefled with the reftoration of a good
" government." For this laft phrafe he was threatened publicly with ..
afTaffination, unlefs he quitted the Province. '
•I This Mr'. Malcolm hid a frhall place in the cuftoms — Infulted In dfe of
the ftreets, during the winter in 177Z, he threatened to flrike the per- Malcolm,
fon who infulted him. He was foon after dragged out of his houfe, ^" '77*»
ftript, haltered, "carted for feveral hours in the fevercft froft ; whipt
with a feverity never infii£ted by the moft unfeeling executioner in « ' ,
civlliked country 1 and at laft^ under the gallows, tarred and feathered.
The tranfaClion paflTed in the prefence of thoufands 6f applauding fpefta-
tort :•— S««e ef them members ef the General Court. The unfortunate man,
contrary to all ext>e£lation, furvived this inhuman ufagC. He prefented
a memorial to the General Aflembly ; praying their interpofition. Ths
mennorial wat read t^->And he obtained— What i—leave to ^ithdrav) it.
t
.^,-.
V.i'-'
vr A fmuggling velTel, belonging to Hancock, was feized by the Cuftom-
Cafeof
houfe officers, on the loth of June 1768. A mob was immediately ,_il' "" "
niicdf the ofiiceiv infulted, thnr houfes ainjled, a boat belonging to the
C a ColUAor,
V
m
1
ll:ll:|!r!s
lililf
Hi
M:
Cafe of Mr.
Roome,
( 100 )
ARTICLE Pilot at Charles Town * ; to thoufands and thoufand*
, of others, who might be named. Such adepts are thejr
in the art of torturing, that they have invented new
kinds of cruelties; cruelties unlcnown even to the
favage executioners of an inquifitlon.
CoIle£lor, burnt In triumph. Mr. Harrifon, the CoUeAor, an old oiM*
of an irreproachable chbra£Ver, was pelted with briek'batt, from one oC
^hich he received a contufion in bit breaft; under the ill ttCt&t of which*
h« languiflied for more than twelve months. The Governor predad tha
Council, for their advice and afllftance in feeuring the riotert| but they
declined it t ftiling the riot, « only a irujb"
X Mr. Roome, tut a asiivt »/ jimtr'ua, was lent in the year 1767*
from London to Rhodc-Ifland, to fue for, and colleA, large outftanding
debts. This poor man, in a familiar letter to a friend in \ht famt Provimet,
exprefles a jaft indignation at the difficulties he had to encounter in th«
execution of his truil j difficulties arifing from the iniquitous tendency
of the Provincial Laws, and the partial proceedings of the Provincial
Courts ; all calculated t« delay, or defrand^ the Englidi creditors. The
private letter was among thofe ftolen and fent back to America, by Dr.
Franklyn. On the receipt of it Mr. Roome was brought before the Af.
fembly and thrown into prifop, where he continued fome months.
y A fufpicioa arofe that infieftion bad been communieated from a
Hofpital, erefied at Marble- bead, for the purpofe of inoculation. Tbc
mob^ufual adminiflrators of juftice in thatvnkappy country— 4rofe, burnt
the Hofpital ; threatened to bum the boufes of the proprietors { and con-
tinued parading the ftreets for lieveral days | menacing a general maflacre
and devaftation. The injuNd parties applied to the General Airembly.»
A Committee was ordered to repair to Marble-head, report the (»€bt and
inquire into the canfes. The Committee reported the fads, nearly at
ftated in the petition; The report was received; mi'-^otbiHi firtbv
done if tie utffemblj,
* On the i8th of Auguft 1775, before iaj hoftilitles begun, or were
even threatened there, they executed a Negro Pilot at Charlei Town,
who had faved near a thoufand pounds fterling by his induftry, under the
falfe pretence of his having introduced arms and ammunition among the
/laves. So groundlefs was the accufation, that the Judges made a folemo
report of the incompetency of the evidence againft him* In vain did the
Covsmor meft earneftly endeavour to fave him. Thefe aflaffins threatened|^
that if he inttrpefed,. tbey would h:tng the Negro at bis (the Governor's)
owadoor*.
-' Tarring
Care of the
B.npiietors
of the Hof.
pital at
Marble-
Head.
Cafe of the
Negro Pilot
at Charles
Town.
^'i>ii,l■.■i^^V.^f_
r.
!.l
C loi )
Tarring and fiathering^ a fpecies of torture as
repugnant to decency, as (with the outrages of which it
has been made the prelude * ) it is (hocking to hu-
manity, is the undifputed right of the American
rebels. ■ \^:-^ -y ■
GooGiNC I* is another fpecies of torture, of which
the name, and the practice, are peculiar to their felves :
Of their adroitnefs in inflicting it, more than one of
the Britifli foldiers at Lexington, are melancholy
proofs.
The Congrefs muft not tell us, that thefe are the
eutrages of the mob. They are not the exclufive a£ls
of the'perfons by whofe hands they were perpetrated,
they are as properly the aAs of aU the AJfemhlies, law-
ful or unlawful, which in the provinces where they
were perpetrated, have feized the executive power } they
are the ads of the authors of this audacious Declaration ;
of thefe men who ftyle their felves the Congrefs, A6ls
fo notorious in their perpetration, fo flagitious in their
nature, not to punijh, is to countenance, approve, adopt,—
But in this I blame them not. They could not punifb,
knowing as they know, that it was only under the
terror which fuch daring outrages infpired, that their
rebellious enterprifes could have any chance of fuccefs.
Howbefides could they puntfh, as bodies, adls, of which,
as individuals f fo many of them had been fpe£fators, prO'
Jt£forSy ptrpttrators.
Or ads of death and defolation committed under
arms, who fet the example i The firft adts of hollili-
■ Such u carting, whipping, halttring, &c.
k Tlu> ii a wa^r of tsulag the eyes oat of tht fockett.
ARTICLE
XXV.
Tarring and
feathering.
Googing,
Thefe no
more a&i
of the mob
than of all
their Af~
femblies;of
the Con-
grefs.
The firft
a^sofhofti-
Jity com-
mitted by
the rebels.
f
■la
lii^
11!?
ARTICLE
XXV.
Their crueU
y at Lex-
^0 aft •f
fttfidy iin
the pare of
Covern-
tncnt.
Proof of the
perfidy of
the Con-
^ef«.
Violation of
he Cartel
t Cedres.
( 102 )
ty, by whom were they committed ? The Americana«— •
The firft trigger was drawn, the firft mufket was fired
by them. They carried into the field the fame thirft of
torturing, which they had not been able to fatiate in
their towns. Their humanity is written in indelible
chara(Sters with the blood of the foldiers fcalped and
googed at Lexington ''■,
But the Congrefs talks of circumftances o^ perfidy.
What compacts have been violated by his Majefty, or
his Parliament ? This is tender ground. The Con-
grefs fhould not have touched it. Perfidy i$a word tha{
Jhould be erafd from their vocabulary. — „.,«y *
Charges unfupported by proofs recoil on the ac-
cufer } I would not charge even rebels with perfidyj if
1 h^d not proofs. The affair of Cedres (hall vindicate
my charge.
An Englifh Captain, of the name of Fofter, at the
head of about thirty regulars, with a party of Indians,
furprifed, defeated, and took a detachment of about
five hundred and ten men, under the command of one
of Arnold's officers. Some Indians had fallen in the
attack ; to their manes their countrymen propofed to
facrifice, fome at leaji of the prifoners. Captain Fofter
humanely interpofed } his eloquence, feconded by pre-
fents to a confiderable amount, prevailed ; the unhappy
yiil'ims were faved ; all but one, who in (pite of Aw en-
deavours fell. Not having men enough of his own to '
guard them j fearful of expofing them to the return of
Indian refentment ; apprehcnfive that in the cafe of be-
ing attacked, neceflity might be urged PQt only to ju& •
tify, but to compel the putting of them to death, Captain
f See GenenI Gage'i account of tke IkirnKb it LexIngtM^
•/!»-■ I
Fofteif^
i!f.
f '02 )
T
Foflcr embraced the generous refolution of fetitng them
. free. Attentive, however, to the good of his Majefty's
foldiers, as well as tender to the AifFerings of rebels,
he exprefsly ftipulatcd, that an equal number of Englifli
and Canadians made prifoners at St. John's^ fhould be
returned to Canada as quick as poffible. For the per-
formance of this ftipulation, four of the principal of-
ficers of the rebels remained as hoftages. The cartel
was communicated to Arnold. By Arnold it was ap-
proved and ratified. He fent a copy of it to the
Congrefs, If any convention f<7M ^^y^rr^^/, thisfurely
u that convention. If any aiA deferve the name of
ferfidyy the breach of fuch a convention is furely that
a6l J yet this virtuous Congrefs, who defcry tyranny
in the exercife of a regular Government ; cruelty in
forbearance, and perfidy in the obfervance of law;
fignified by a flag of truce, as they call it, in terms of
the utmoft infolence, to General Burgoyne, their refufal
to comply with the engagement, or return the prifoners,
threatening if the hoftages be touched, to facrifice the
£nglifli, who by the cartel ought to have been given
in exchange. Alleging in "^rufe, the death of one man,
who was killed bej'cre the cartel was accepted, or even
Propofed,
And (hall the Congrefs after this declaim againft
the rule of warfare of the Indian favage? At
^he bare mention of fuch a perfidy a? this, a deeper
dye would tinge the favage cheek than their own paint
could ftairi upon>it. What will be the probable confe-
quences of this perfidious violation of the law of war ?
Indians whom, as we fhall fee hereafter, the Congrefs
Jirji engaged in this difpute — Indians claim a property in
^hgir prifoners j their property in the rebels taken pri-
' ' . G 4 foncrs
ARTICLE'
XXV.
The btood
of all the
prifanert
hereafter
flaughtered
will be re-
quired at
the handi
of the Con-
grefi.
\
■; I;
1 I
I
-mmu
^^mmi
ARTICLE
XXV.
Ijjhi
. . ( 104 ) ,
Toners at Ccdres, was purchafed by the King*s officer^
with the Ktn£i money. The condition of the purchafQ
was (lipulated to be the liberty of an equal number of
loyal troops. That condition is violated with infolence,
with perfidy. In the courfe of this conteft, fhould ic
again happen that rebels fall into the hands of Indians^
who will pay their ranfom, what ofllcer will thinlc
his felf at liberty to advance the money of the Kingi^
only to rivet the chains of the foldicrs of the King?
Whatever be the known rule of Indian warfare^ the
Congrtfi has pronounced that the rule (hall be followed
with the utmoft feverity. If the horrors of battle b«
rendered tenfold more horrible by the deliberate facrifico.
of the prifoners, the Congre/s has commanded that it fliall
be fo. Should prifoners hereafter be flaughtered j 9,%
the hands of the Congrefi will their blood be re*
quired. ■,;^^ y\'^'^<&:t
i ! *
/PTICtl
XlfVI.
«?»:■- ,i> >«■*!"
i .1
ARTICLE XXVr,
He has conArained our fellow-citissens,
taken captive on the high ieas, to bear
^rms againft their country, to become the
executioners of their friends and brethren,
pf ^p fall- thcmfclves by their haqds.
V
IlNSWEI^
i.
I
( »os )
1t:*ff^f^hiii-'>:i^. "Pot-
:■*''-.
liRTICLt
XXVf.
^*^;.i,imiH.^» ANSWER.
To urge the alleviation of punijhment as a proof of
tyranny^ is a piece of folly referved to the American
Congrefs. Thefe ** fellow-citizens taken captive on
** the high feas"— What are they ? In the eye of the
taptorsy what are they i Rebels, What is the punifli-
ment denounced againA rebels by the law of captors i
Peath, forfeiture of goods, corruption of blood. In-
ftead of this, what is the punifliment lnfli£led by the
A£t againft which this artkcle complains i To ferve on
board his Majcfty's fleet. It is not even added that
they (hall ferve in America ; that they (hall bear arms
againft the partners of their guilt.
With what indignation muft this article be read
when it is known, that what is here im.puted to his
Majefty as exceflive feverity againft rebels^ has been
infli(Sled by the members of this very Congrefs on
numbers of our own fellow-citizens, innocent even in
the eyes of that Congrefs ! It is known with what zeal
the agents of the Colonifts have, of late years, been
employed in inveigling citizens and labourers to go to
America. Numerous are the Scotch and Irilh emi-
grants who have gone thither on the faith of engage-
ments that they (hould be free^ knd encouraged to
exercife their refpeiiive trades. Thefe mr - were in-
nocent In the eyes of the Congrefs. To tl>e Members
of it, they owed no obedience ; from thdni they had
received no benefit. Yet it ia the bo^ft among the
Rebels, that on their arrival there, inftead of obtain-
ing the peaceful fettlements they had been promifed,
(hf fc unhappy men were compelled « to bear arms
?* againft
The illerl.
ation of
puniOimMi;
urged n a
proof of ly«
What It n.
probated ai
an aA of
feveritjr in
hit Mtjeffy
againft
rttt/t, in-
fliaed bf
the Coo-
greft on
men allow,
ed to be in-
nocent.
I I
I-
( io6 )
■■" [
\l 'I
"xxvT'^ " againft their country ; to become the executToneri
, " of their friei^ds and brethren, or |p fall their fclve»
" by their hands."
t
ARTICLE
vv,r;"""vfi5>?J;'
. V ■
'.■■.'' ■ . ,
ARTICLE XXVII.
He has excited domeillc infarredions
among us ; and has endeavoured to bring
on the inhabitants of our frontiers the
mercilefs . Indian Savages, whofe knowi>
rule of warfare is an undiftinguifhed de-
ilrudlion of all ages, fexes, ai>d condition^;.
.:,;'i'>: ?xn •tWvr'-*
"\''' rJ'i'i-iTiy^
^S
ANSWER.*'
.T I ,->..
Twochar^ei
containe>
in Ihii A>-
ticte. The
Mciting Ho-
mfcfticinfur-
reftion',
>ad tbe em-
ploying of
IntUant.
Among
whom were
domeftic in-
iurredioni
excited i
The article now before us confilts of two charges, ,
each of which demands a feparate and diftin<5l con-
fideration. The one is, that his Majefty — « has
" excited domeftic infurre£lions among them j" the
other—" that he has endeavqured to bring on the .
" inhabitants of their frontiers the mercilefs Indian
*• Savages,"
By his Majefty, in the firft charge, is meant— not '
his Majefty, but — one of his Majefty's Governors.
He, it feems, excited domejlic infurre£iions among
ihem-'Be it fo — But who are meant by them ?
Men in rebellion; men who had excited, an^ ^,
were continuing to excite, civil infurre£lions againft
>n-
kot
rs.
( 107 )
ARTICLE
xkvii.
By excitfnn
diimeftir in-
>ft^..r'
his Majefty's government; men who had excited,
?nd were continuing to excite, one fet of citi-
'^ens to pillage the efFe the
bafeft hypocrify to impute it to his Majefty, as a voIuH'
iary ad of feverity — becaufe— and this reafon, I think,
admits of no itply— the Congrefs were the firfi to engage
the IntUam in this difpuie.
The Congrefs knows this aflertion to be true. It
was not till the affair of Cedres, that is, till the year
1776, that any Indians appeared on the fide of Go-
vernment. It was early in the year 1775V that the
Rebels furprifed Ticonderogaj made incurfions and
V * '^' ' committed
( 109 }
committed hoftilities in the frontiers of his Majefly*s
province of Quebec ; a province at that time in peace.
Now the Members of the Congreft cannot deny that
iumi at that very time, they had not barely engaged,
but had brought down as many Indians as they could celled
againft his Majefty*s troops in New England, and the
northern Provinces.
Nor were they lefs induftrious or lefs tardy in
bringing down the Indians into the fouthern Colo-
nies i for at the fame time, namely, early in the year
1775, the Committee of Carolina deputed fix peribns
to treat with the Creci and Cherokee Indians* Were it
necefTary I could name them. Sir James -Wright,
Governor of Georgia, and Mr. Stuart, fuperintendent
for his Majefly in the Cherokee nation, had been
driven, the one from his ufual place of refidence,
the other out of the Province. One perfon ftill re-
mained, Mr. Cameron, the deputy fuperintendent in
the Cherokee nation : He was in their way ; his pre-
fence impeded the treaty they wiihed to form with the
Cherokees ; obftru^d meafures which, imputed to his
Majefty, they call the height of cruelty, but adopted
by their felves, become only, in their own language,
*• means of defence" He therefore was confidered as
an obje6t that was at any rate to be removed. The de-
puties of the Committee requeued, or, as their felves
explained it, '* commanded" him to retire. He not
obeying their orders, one of the deputies, accompanied
by two independent preachers', ^ter having gone
through the interior and back parts of Carolina and
, Georgia, on the pious mijfton of haranguing and incit-
* Thdr MUMt are hart and Ttaant: Swhf pioui pafton AouU be
knowiit
ARTICLB
XXVIL
■ I M
tun, the
Rebels had
aAuaily
broue^ic
down Ia«
diaRiintte
jreari775.
At the (mm
time, vis.
in iUeycar
1775, tlwf
fent dcfMi-
tica-coea-
gagetiiefa«
diam in ttie
fouther*
Protiucca,
And at*
tempted to
engage a&.
falTiiu to
murder his.
Majefty's
fuperintend-
ent in the
Cherokee
nation.
y
' I
\\
I''
i
*:
1!
n
I i
In the at.
tempt on
Tybee
( iio )
*xxy^^ ing the people to rebellion, difpatched an cmiflary * td
r give and receive Talks from the Indians, and to en-
deavour to bring them down upon his Majefty*s
. ' troops ; and as Mr. Cameron was ftill in their way,
their emilTary was directed to raif? the Indians and
^i' " ' feize him; and if that could not be done, to offer a
confiderable reward to any individual that would />n-
vatclyjhoot him from behind a bujh, and then efcape into the
fettlementSM
Early in the beginning of the prefent year e, an
attempt was made on Tybee Ifland, where the Rebels
IiUnTthey expedled to find the Governor of Georgia, with feveral
employed officers and gentlemen. Happily they were not there;'
■nddrefled Had they been there, we may judge of the treatment
party as In- ^^^Y would have received by that which was adlually .
disns, and jnflidled on fome mariners and a fhip- carpenter, whom :
fealpedthe a^
wounded, the Rebels did furprife there. One of them was ;
killed; three mortally wounded. The firft died, not
tfthe wounds he received in the attack, but under the cruel
torture of the scalping knife. So far were thefe troops -i
of the Congrefs from being averfc to employ the In* ;
dians, that they not only brought Indians with them,
but determined, as we fee, to adopt their known rule of>
warfare ; the whole party of Rebels were drefled and
painted like Indians. c* i:^ . ..s^v
' Yet thefe men can, without a blufli, impute it ta(
« • the King as a voluntary adt of fcverity, that his Majefty
has engaged tbe Indians. • T*;
■•■',:■; u
ki.
t Hi* name is Richard Pearit.
( Oa the %iCix of March.
ARTICLE
( I" )
, If ».-r tt^rl
l-^i
>iii:.
• ■-.'; 'tdi; *♦•■,
ARTICLE XXVIII.
knd
to"
ARTICLt
XXVIlIv
In every ftage of thefe opprefHons we
have petitioned for redrefs in the mod hum- -
ble terms ; our repeated petitions have been
anfwered only by repeated injury.
■r.H 5,.v
ANSWER.
. • 'J
.-J
Very different are the ideas which feem to be at-
tached to the fame terms on this fide of the Atlantic and
on the other. Here A<38 of Parliament are A£ts of the
Legiflature, acknowledged to be fupreme ^ there Jkik% or\\y
of pretended legiflation, of unacknowledged individuals.
Here treafon is an offence of the moft atrocious nature ;
there only a pretended offence. Here to deny the autho-
rity of Parliament is the utmoft height of audacityy
there it is the loweft pitch of humility.
This diftindtion it was neceflary to make, before we
could come at the meaning of this article. The reader
might otherwife have imagined, that in the re(blution3
of the American Affemblies, in their addrefles to the
good people of England, in their Petitions to the King
or the Parliament, the authority of Parliament, and
their own juft and conffitutional fubordination to it,
had been recognifed, and the undifputed prerogative o^
the Crown allowed ; that fpecific demands of what
would fatisfy them had been made, and fpecific offers
of what they would do had been tendered. It might
•iherwife require more than common difcernment to
7 find
Difference
of the ideal
attached ta
the fame
terms here
and inAme*
rica«
.ii'i\
Difference
between la
humble Pe-
tition for
ledrefs, an A
a claim of
independ-*
ence.
^i
H
\ \
'-/' A\
1
f
^^^n
IftheChiefa
^B
( of the re.
■ bcllion had
H tver meant
H to exprefi
H their fejyei
H f intertniof
■ humility, it
■ would have
Hi' 1
|; been at the
B '
i: CoBgreft
^H '
1 >774-
1 ift, Beeanfe
■' ; 1 hoftiiitict
■ ' f were not
1: then begun.
1 1' adly. Be.
1 canft to tf.
1 : ftAarecon.
11 i h ' ciliation was
I i \ \~ the avowed
1 ' , objeftof
that Con.
•rtfi.
i
■|| ' . ,-.-..
!
i i
I - .
;| I
*■ ■ ' ■ *
I
1
1 ;
bythiiCoa-
,N: greft the
K^flative
' power of
Pariiament
and the
1 - '' kaewn pre>
, ' ngative of
\' ; ■ : 1 ' the Crown
j| r , declared to
1
! i
hegriev..
^xxvin* find out the humility of their Petitions : what they call
a Petition fo Ridrefs^ would ftill pafs in the eyes of
men of common underftanding for a claim of indt'*
ptndence*
To go through the proceedings of all their Aflem-
blies, to cite all their Refolutions, AddrefTes, and Pe-
titions, would be to the reader, as well as to the wri-
ter, unfpeakably irkfome. Let us then begin by the
proceedings of that Congrefs which fat inteventy-four.
At //&
ARTICLE
XXVIII.
Thev ought
■ precirrly to
have ftated
what they
wanted, and
what they
were ready
tcfubfflittOt
i>(i.
This not
^one, yet
Parliament
made the
fitH ad-
vances to-
wards a re-
concllia-
tioo.
Manner in
which thefe
advances
were receiv-
ed by thefe
humble Pe-
titioners at
their Coa«
grefs in
»775'
Parliament, they would not complain of his authority ;
if neither he, nor his Parliament would exercife any
power over them, they would not be jealous of his
power or that of Parliament.
It is for malcontents, perfons who profefs their
felves diflatisfied, to ftate precifely what it is with
which they are diflatisfied ; what it is that will content
them ; what it is to which they are willing to fubmit.
They know it for certain, at leaft they ought to know
it; is it not for them then to declare it, to declare
their own feelings, what pafles in their own breafts ?
Or is Government, who does not know it, cannot
know it, to torture itfelf to divine it ?
This was not donej and yet fo far was the Britifli
Government ** from anfwering,"— as the Congrefs
words it, — " their repeated Petitions, by repeated in-
** juries •" that it made ^tfirji advances^ actually held
out terms of accommodation. Thefe terms were fub-
mitted to the conAderation of the refpe£live Aflemblies;
and who would think it ?<-thefe Aflemblies fo trem-
blingly alive to every the gentlefl; touch of their rights
by the King or Parliament, declared without referve,
and without a blufli, that all their powers were abforb-
ed by a body unknown to their laws,-'by a Congrefs.
To that Congrefs then which fate in I775> they refer-
red it to confider of the terms held out to them. By
thefe humble Petitioners how were the terms re-
ceived ?
The Parliament was declared to be *< a body of men
** extraneous to their con/litution." The propofition held
out by Paiiiament, was declared to be " injidious andun^
** reafonable j" the requifition to furnijh ** any contributi"
'* 9tty any aid, undtr the form of a taxy* was declared to be
t^^w 2 . « unjti/i^\
( Iti )
•• unjuji:* T^he " inttr meddling^** ^z% \i Was itfjie^-
fully called,—" of the Britijh ParHamint, in their pro-
** viftomfor thefupport rf the civil gtvermuntf or admi-
** niftratioH ofjujiice" was declared to be ** contrary W
'* rights** The rtafon for this laft ftlTertiotl was added j
and was fuch as concluded againft the whole power of
Parliament—" That the provifuns eitready made pleafed
*' their felves^:*
Is this the language of fubje&s humbly petitioning for
redrefs ? Of men, who profefs their felves membei's of
•ne large empire, and fubordinate in Any degree^ to the
fupreme controlling body of that empire ? or is it
the language of one independent ftate to another ? ''
' Could any doubt ariib in the mind of any candid
man, whether independent hidj or had notj been
all along the determined obje£l of the leading men in
America, he Would have only to peruA: the printed
proceedings of-the{e two AlTemblies, which fat under
the title of Congrefles ''.
In the firft, they profelTed to defire nothing moJ-e ar-i
dently, than that fome mode mi^ht be adopted of hear-
ing and relieving their griefs, fome propbfitioii held
forth which might b£ a gfouhd df reconciliatioil.
Dreading, meanwhile, nothing fomuch as theaccom-
plifliment of their pretended Wiflles, they throW intd
their Votes and Addrefles, and Petitions, terms expref-
five of the higheft contempt for the authority of Parlia-
ment, and of their firm refolution not to fubmit to thd
(xercife of the uhdifputsd prerogative of the Grown*
i See the proceedingi of the Coiigrefs in 1775.
k To their own account of the prcoeeding* there^ we Aij apply tha
words of Cicero, though In a different fenfe trom that \k which he ttlM
thkip, " SiuUun^ut bunt libmrn /e£
.•,- t
?-■»■• ...-^ .".i
•■"% ".',TJ. *'•.'•«■■
\ C '/
'- w -: V
*V*. .- .-■/■ ■
- .'V'-^S,
■ V''' i '
' "J
1 ,..> >>
f .,, ,.r,--i
.- *-■
-
,.r>*V ■.-» . , J,-'
■■^-^
:>;! i'-^t --.'J'
: ^ . k =
SHORT REVIEW
•*>
O F TH E
iH.'Tt
'fi'Jl*
*' ■ :>M«=tiv t.
DECLARATION.
IN examining this (ingular Declaration, I have
hitherto confined myfelf to what are given asfa^s,
and alleged agrJnft his Majefty and his Parliament, in
fupport of the charge of tyranny and ufurpation. Of
the preamble I have taken little or no notice. The
truth is, little or none does it deferve. The opinions
of the modern Americans on Government, like thofe of
their good anceftors on witchcr^ift, would be too ridi-
culous to deferve any notice, if like them too, con-
temptible and extravagant as they be, they had not led
to the moft ferious evils.
L^ this preamble however it is, that they attempf: to
cftablifli a tk^-y of Government -, a theory, as abfurd
and vifionary, as the fyftem of conduft in defence of
which it is eftablifhed, is nefarious. Here it is, that
maxims arc advanced in juflification of their enter-
prifes againft the Britifh Government. To thefe
maxims, adduced for this purpo/e, it would be fufiicient
to fay, that the; are repugnant tq the Britijh ConJIitut'ton,
t.'jt beyond this they are fubvcrfive of every adiual or
imaginable kind of Government.
They are about *' to ajfume" as they tell us,
** mong thf powers cf the earth, that equal andfeparate
REVIEW.
Little no*
tice hither-
to taken of
the pream-
ble to the
Declaration.
Maxims ad-
vanced in it
repugntnt to
the Britifh
ConlHtu-
tion, and
fubvrrfiveof
all Govern-
ment.
'Jr.
Such IS,
that all mea
»fe created 4
rqual.
;\
( 120 )
REVIEW,
r^
1}
Jl
!:; I
Th»t the
Ti(ht» ji lite,
libiYty, and
the purfult
of bappinefs
are unalien*
able.
Maxims in
compatible
with their
own ton-
i, 'vi ■ fc - - - -
"Jfathn to which" — they have lately difcovered— ** the
** laws of Naturey and of Natures God entitle them"
What difference thefe acute legiflators fuppofe between
the laws of NatureyZn^ oi Nature's God, is more than
I can take upon me to determine, or even to guefs. If
%o what they now demand they were entitled by any
law of God, they had only to produce that law, and
all contruverfy was at an end. Inftead of this, what
do they produce ? What they fall felf-evident truths.
^* All meny" they tell us, " are created equal." This
furcly is a new difcovery ; now, for the firft timc> we
learn, that a child, at the moment of his birth, has the
fame quantity of natural power as the parent, the lame
quantity of political power as the mr giftrate, . . .^
The rights of " /i/Jr, liberty^ and the pwfuit of hap,-
" pimfs*'—hy which, if they mean any thing, they
muft mean the right to enjoy life, to enjoy liberty, and
to purfue happinefs — they " bold to be unalienable."'
This they ^* hold to be among truths /elf evident,*^
At the fame time, to fecure thefe rights, they are con-
tent that Qovernments ihould be inftituted. They
perceive not, or will not feem to perceive, that no-
thing which can be called Government ever was, or
ever could be, in any infiance,exercifed, but at the ex-
pence of one «Jr other of thofe rights.— That, confe-
quently, in as many inftances as Government is ever
exercifed, fomeoneor other of thefe rights, pretended
to be unalienable, is actually alienated.
That men who are engaged in the defign of fub-
verting a lawftil Government, fliould endeavour by a
cloud of words, to throw a veil over their de^gn j
that they IhouId endeavour to beat down the criteria be-
tween tyranny and lawful government, is not at all
Wv^»\'- ^.*^ . furprifing.
i
?t no-
»8, or
fub-
by a
[abe-
dl
(fing.
( f2l )
ficirpriiing. Rut rather farpriCng it muft certainly ap- REVIEW,
pear, that they Aiould advance maxims fo incompati-
ble with their own prefent conduct. If the right of
enjoying life be unalienable, whence came their invaflon
of his Majefty's province of Canada ? Whence the un-
provoked deftruiftion of fo many lives of the inha«
bitants of th»t province ? If the right of enjoy-
ing liberty be unalienable, whence came fo many
of bis Majefty's peacealble fabjefts among them, with- ..'
out any ofFence, without fo nuich as a pretended of- ,. !,!
fence, merely for being fufpe^ed not to wife well to ■ • i
their enormtities, to be held by them in durance? If !., 'i
the light of purfuing happinefs be unalienable, how is ,/
it that fo many others of their fellow-citizens are by >
the fame injuftice and violence made miferable, their
fortunes ruined, their perfons banifbed and driven . . .>
from their friends and families ? Or would they have
it believed, that there is in their felves fome funerior
fan£tity, feme peculiar privilege, by which t. fe
things are lawful to them, which are unlawful to all
the world beddes ? Or is it, that among a6ls of coercion,
a£ls by which life or liberty are taken away, and the
purfuit of happinefs reftrained, thofe only are unlawful, -^
which their delinquency has brought upon them, and
which are exercifed by regular, longettablifhed, accuf- r
tomed governments ?
In thefe tenets they have outdone the utmoft extra-
" vagance of all former fanatics. The German Ana-
baptifts indeed went fo far as to fpeak of the right of
enjoying life as a right unalienable. " To take away
life, even in the Magiftrate, they held to be unlawful.
"jBitt they went no farther, it was refcrved for an Ame-
* rican Congrefs, to add to the number of unalienable
„ fights, that of enjoying liberty, and purfuing happi-
nefs j—
They go be-
yond the
ir.adncf nf
all other 1«-
natics.
!
i|^ -mm^.
REVIEW.
'■ :!
i
f • ''I
ii! '
II
They allow
CoTern-
nents long
eftabliihed,
Aoald not
be changed
for light
«Mlbai.
Yet are
changing i
Covern-
Otent cueval
^ith their
csiAence,
for no rea>
ka at all.
AfflOQQt Off
their pre>-
tended
Sfficvancet.
( "a )
nefs ;— that is,— if they mean any thing,— purfuing it
wherever a man thinks he can fee it, and by whatever
means he thinks he can attain it : — That is, that all
penal laws — thofe made by their felves among others-!—
which affed life or liberty, are contrary to the law of
God, and the unalienable rights of mankind :— -That
is, that thieves are not to be retrained from theft,
murderers from murder, rebels from rebelliont ^.i /
Herb then they have put the axe to the root of all
Government ; and yet, in the fame brieath, they talk
of *' Governments," of Governments ♦* long efta-
" bli(hed." To thefe laft, they attribute fome kind
of refped; they vouchfafe even to go fo far as to ad-*
mit, that ** Governments^ long e/iablijhed, Jljould not be
** changed for light or tranjient reafons'* i ° :,%'.
Yet they are about to change a Government, a Go-
vernment whofe eftabliAiment is coevai with their own
exiftence as a Community. What caufes do they af-
iign ? Circumftances \7hich have always fubHfted,
which muft continue to fubfift, wherever Government
has fubfifted, or can fubfift.
For what, according to their own (hewing, what
was their original, their only original grievance? That
they were a£tually taxed more than they could bear }
No ; but that they were liable to be fo taxed. What
is the amount of all the fubfequent grievances they
allege ? That they were aSlually opprefled by Govern-
ment ? That Government had aSlualhf mifufed its
power ? No ; but that it was pojfible they might be
opprefled j pofftble that Government might mifufe its
powers. Is there any where, can there be imagined
any where, that Government, where fubje^ are
not liable to be taxed more than they can bear ?
wher?
( "3 )
where it is not poffible that fubje£ls may be op- Review,
prefled, not poffible that Government may mifufe its ~"
powers? ' *, " ^ .
This, I fav» is the amount, the whole turn and fuh- Amnge-
Jiance of all their gnevanccs. For in takmg a general them under
review of the charges brought againft his Majefty, and *Jj*'^ ^"-
his Parliament, we may obferve that there is a ftudied
confuflon in the arrangement of them. It may there-
fore be worth while to reduce them to the feveral dif-
UnSk heads, under which I (hould have clafled them
at the iirft, had not the order of the Anfwer been ne-
ceflarily prefcribed by the order— or rather the diforder—
of the Declaration. T.
Afts of Go-
The firft head confifts of Afts of Government. 'f""«"*
. ' charged at
charged as fo many acts of incroachmenty io many ufurpationt
ufurpations upon the prefent King and his Parliaments fe„t''reign
exclufively, which had been conftantly exercifed by his !'•*''•' ****
' 1 T» 1 teencon-
Fredeceflors and their Parliaments*. ftanti^exer.
cifed from
In all the articles comprifed in this head, is there a the firft
fingle power alleged to have been exercifed during the mentof the
pref<:nt reisn, which had not been conftantly exercifed ^"l"!''"'
f ,. rr. \ 1- T. 1. , AlltheAft*
by precedmg Kings, and precedmg Parliaments r Read comprifedin
only the commiffion and inftru£lion for the Council irj'h^wr-
of Trade, drawn up in the gth of King William III. "fc of
addrefled to Mr. Locke, and others "», See there what J^ifed'to"^
conftitu-
a Under this head are comprifed articlet f. 11. fo fat as they are frue, Jh'"*],ft^J[c,
III. VII. IX. fu far at the laft relatei to the tenure of the Judges' offices, tioni given
XI. XII. XIII. XIV. XVII. XVIII. fo far as the laft relates to the efla to the Com-
blifhment of Coufts of Admiralty in general, and the caufes, the cogni- "''''*'".*'• °^
lance of which is attributed tothem. XIX. XXII. fo far as the latter relates feign'of
to the Declaration of the power of Parliament to make laws for the Colo- William
Hics binding in all cafes whatfoerer. III.
^ §MCoin« Joum, YoN*"* P* 70; /?* 7>*
iN,
k
i:*n/j '•*. y
powers
( "4 )
ii ^w
it
lui
n^
Br «f«ge
therefore
conAitu-
tionalt
-;;' . 'J
<(
cc
REVIEW, powers were exercifed by the King and Parliament
"" over the Colonies. Certainly the Commiffioners wera
direfted to inquire into, and make their reports con-
, cerning thofe matters only, in which the King and Par-
liament had a power of controlling the Colonies. Now
.'.'.' the Commiifioners are inftru£led to inquire— into the
•' condition of the Plantations, ** as well with regard
** to the adminiji ration of Government and Ji^icey as in
** relation to the commerce thereof j" — into the mean) -
of making ** them moji beneficial and ufefulto England i
— *' into thejlaples and manufactures ^ which may be en*
** couraged there " ** into the trades that are taken up
♦* and exercifed there^ which may prove prejudicial to
,..-. V •* England •" ** into the means of diverting them from
fueh trades."* Farther, they are inftrudled " to exa^
mine into, and weigh the ASls of the AJfemhUes of the
•* Plantations }"— ♦* to fet down the ufefulnefs or mifchief
•* to the Crownj to the Kingdoniy or to the Plantations
«* their felves." And farther ftill, they are inftruiSl:-
cd ** to require an account of all the monies given for public
** ufes by the JJfemblies of the Plantations, and how the fame
•* are, or have been expended, or laid out." Is there now
a fingle A£l of the prefent reign which does not fall
under one or other of thefe inftrudions.
The powers then, of which the feveral articles now
before us complain, are fupported by ufagCi were
conceived to be fo fupported then, juft after the Revo-
lution, at the time thefe inftrudtions were given j and "
were they to be fupported only upon this foot of ufage,
ftill that ufage being coeval with the Colonics, their
tacit confent and approbation, through all the fuccef-
five periods in which thai ufage has prevailed, would
be implied ;— even then the legality of thofe powers
would ftand upon the fame foot as moft of the prero-
V — ,, gacives
kre
ind
On flianf
occafions
exprefily re-
cognifed a*
fuch by the
Colonial
Afftttblicf.
i'St
( »s )
gatlves of the Crown, moft of the rights of the RSVibw*
people J— —even then tba exercife of thofc powers "" '" '
could in no wife be deemed ufurpations or encroach-
ments.
But the tfuth is, to the exercife of thefe powers,
the Colonies have not tacitly, but txprefsly^ con-
fented ; as exprefsly as any fubjeA of Great Britain
ever confented to A£ls of the Britifli Parliament.
Confult the Journals of either Houfe of Parliament i
confult the proceedings of their own AfTemblies ; and
innumerable will be the occafions, on which the legality
of thefe powers will be found to be exprefsly recog-
nifed by kSis of the Colonial AfTemblies. For in
preceding reigns, the petitions from thefe AfTemblies
were couched in a language, very difl^rent from that
which they have afTumed under the prefent reign, fn
praying for the lion-exercife of thefe powers, in parti-
cular inflances, they adkndwledged their legality ; the
right in general was recognifed ; the exercife of it, in
particular inflances, was prayed to be fufpended on
the fole ground of ittixpedience.
The lefs reafon can the Americans have to com-
plain againft the exercife of thefe powers, as it was
under the confbu.t exercife of the felf-fame powers,
that they have grown up with a vigour and rapidity
unexampled : That within a period, in which other
communities have fearcely had time to take root, they
have fhot forth exuberant braitches. So flourifhing is
their agriculture, that — vrc are told — •* beftdes feeding
*' plentifully their own growing multitudes, their
** annual exports have exceeded a milliou :" So flou-
rifhing is their trade, that — we are told — ** it has
** increafed far beyond the fpeculations of the mofl
. ;, ** fanguine
! t
The effefti
of them
beneficial.
K,
I..
yt'u >'v
'■«»
( 126 )
I !
I I
REVIEW, it
If ttie cier*
cife of thefe
peweri caa
juftify re«
Dellioa{ no
government
can be efta-
bUihed.
• ir.
Ads for the
maintenance
or the a-
nendment
of the Con«
ftitution.
In thefe, no
ntw power
it afliuned.
fangulne imagination '." So powerful are they 'm
arms, that we Tee them defy the united force of that
nation, which, hut a little century ago, called them
into being ; which, but a few years ago, in their de«
fence, encountered and fubdued almoft the united
force of Europe. .i^.
If the exercife of cowers, thus efkbli(he^ by ufage,
thus recognifed by exprefs declarations, thus fan^lified
:by their beneficial eiFe£ts, can juftify rebellion, therd
is not that fubjeA in the World, but who has, evei*
has had, and ever muft have, reafon fufficient to rebel i
There neyer was, never can be, eftablifhed, any go-
vei^iment upon earth.
.iTm kcoad head conflfts of A£ls, whofe profefTed
obje£l wasreither ]the maintenance, or the amendment
of their C(Aiftitution*. Thefe A&s were paffed withi
the view either of freeing from impediments the courfe
of their commercial tranfa£lions ', or of facilitating
the adminiftration of juftice*, or of polling more
equally the different powers in their Confutation ^ } or
of preventing the eftablifhment of Courts, incon-*
fiftent with the fpirit of the Conflitution k.
To flate the objeft of thefe Afts, is to juftify
them. A As of tyranny they cannot be : AiSts of
ufurpation they are not ; becaufe no new power is af-
fumed. By former Parliaments, in former reigns,
officers of cujioms had been fent to America : Courts
of Admiralty had been eftabliihed there. The in*
c See Mr. Burke's fpcechei. <> ArdcleX.
e Article XVIII. fo far u it relates to the multiplication of the Court!
of Admiralty,
r Article XXI. C Article VIII. < ^;>'
■T ^ creaft
*>.:
vr. , lAff^ik..?*' r'^'-
i,;'
iftify
Its of
IS af-
jigns,
>urt8
in-
( "7 )
creafe of trade and population induced the Parlia- RBv*^'"'^*
ments, under the prefent reign, for the cotfvenience of "
the Colonifts, and to obviate their own ohjelHum of
delays arifing from appeals to England, to eftablifli a
Board of Cuftoms, and an Admiralty Court of Ap-
peal. Strange indeed is it to hear the eftabliihment of
this Board, and thcfe Courts, alleged as proofs of
ufurpation } and in the fame paper, in the fame breath,
to hear it urged as a head of complaint^ that his Ma-
jefty refufed his aflent to a much greater exertion of
power:— to an exertion of power, which might be
dangerous ; the eftabliihment of new Courts of Judi-
cature. What in one inftance he might have done,
to have done in another, cannot be unconilitutional.
In former reigns, charters had been altered ; in the
prefent reign, the conftitiition of one charter, having
been found inconfiftent with the ends of good order ;^; > '* .
and government, was amended.
The third head confifts of temporary A£ls, paflTed m.
pro re nata, the obje£l of each of which was to re- Jjlf""''
medy fome temporary evil, and the duration of which
was reftrained to the duration of the evil itfelf i*.
Neither in thefe A6ts was any new power aflum- Nor in tfceft
edj in fome inftances only, the objeds upon which was any new
that power was exercifed, were new. Nothing was fumed,
done but what former Kings and former Parliaments
have (hewn their felves ready to do, had the fame cir*
cumftances fubfifted. The fame circumftances never
did fubflft before, becaufe, till the prefent reign, the
\
■ i, I
ICourtt
:rcaft
I> Under thii head may bedafled Articles IV. V. VI. IX. To far as the
laft relates to the payment of the Judges by the Crown. XV. XXII.
lb Car at the latter relates to the furpeofioo of their legiflaturet.
Colonics
' I V
u
IV.
ilClsut
( i2i )
*^^^^^- Colonies never dared to calJ iwqucftlon the fupreni*,
'' authority of Parliament. ;
Korean they No chafgc, clafled undcr this head, can be called
come within . _,, ,».»■«• vaiisw
theciafsof a grtevotiee. Then only is the fubjc
fttview. y^^^rtr/ ioiib thftn^"^ the ^^illjhi0^fhi^:i:;m0ar mtB
•~~~" thetrtt iut i^^i^j wM^'^SSkdJv^
crlmimlu—Vi^di^^i I )»Qj{ie» 0iall eSf^kci m.^^cejftty
of rubmUtin^tOWhii|IVey1>urdcn8, of i^
•v fcHbrts rngy be necftfafy, to bring ihirf .urtigrate^»il *nd
ret^lllous jpcopic bacic to that alUq^ce tH^ itave
long had ft in contemplation to renounce, %id have
Tgxm JJt laft ib daringly rcrounced. , "•
it'^-.
= ■ ff"A»
(.:/,-■■
- , Jf I N I S.
m
? I
.«*B"^'
?■-•
^?1>^
,)
ft
t againjti
irttevey^
vy have
id have
»m--r-'^'
m
i^\
1 ,' »iiJi
'&■'•• Jew aKj
nr T"
%i-